basic law part 1. general principles article 1 the kingdom of saudi arabia is a sovereign arab islamic state. religion: islam constitution: the holy qur'an and the prophet's sunnah (traditions) language: arabic capital: riyadh article 2 its national holidays: eid al-fitr (a religious feast celebrated on the 1st of shawal, the 10th month of the islamic calendar) eid al-ad-ha (a religious feast celebrated on the 10th of dhul-hijj ah, the 12th month of the islamic calendar) calendar: hijira (lunar) article 3 its national flag: green in colour width equal to two thirds of length article of faith (translated as "there is no god but allah, muhammad is allah's messenger") inscribed in the centre with a drawn sword underneath. article 4 the state's emblem consists of two intersecting swords with a datepalm in the upper space between them. both the national anthem and the decorations awarded by the state shall be determined by the law. part 2. system of government article 5 the system of government in saudi arabia shall be monarchical. the dynasty right shall be confined to the sons of the founder, king abdul aziz bin abdul rahman al saud (ibn saud), and the sons of sons. the most eligible among them shall be invited, through the process of "bai'ah", to rule in accordance with the book of god and the prophet's sunnah. the king names the crown prince and may relieve him of his duties by royal order. the crown prince shall devote full time to his office and to any other duties which may be assigned to him by the king. the crown prince shall assume the powers of the king on the latter's death pending the outcome of the "bai'ah". article 6 citizens shall pledge allegiance to the king on the basis of the book of god and the prophet's sunnah, as well as on the principle of "hearing is obeying" both in prosperity and adversity, in situations pleasant and unpleasant. article 7 the regime derives its power from the holy qur'an and the prophet's sunnah which rule over this and all other state laws. article 8 the system of government in the kingdom of saudi arabia is established on the foundation of justice, "shoura" and equality in compliance with the islamic shari'ah (the revealed law of islam). part 3. constituents of saudi society article 9 the family is the nucleus of saudi society. its members shall be brought up imbued with the islamic creed which calls for obedience to god, his messenger and those of the nation who are charged with authority; for the respect and enforcement of law and order; and for love of the motherland and taking pride in its glorious history. article 10 the state shall take great pains to strengthen the bonds which hold the family together and to preserve its arab and islamic values. likewise it is keen on taking good care of all family members and creating proper conditions to help them cultivate their skill and capabilities. article 11 the saudi society shall hold fast to the divine rope. its citizens shall work together to foster benevolence, piety and mutual assistance; and it avoids dissension. article 12 the state shall foster national unity and preclude all that may lead to disunity, mischief and division. article 13 education aims at the inculcation of the islamic creed in the young generation and the development of their knowledge and skills so that they may become useful members of society who love their homeland and take pride in its history. part 4. economic principles article 14 all god-given resources of the country, both under and above ground, or in territorial waters, or within terrestrial and maritime limits to which the state jurisdiction extends, as well as the revenues accruing therefrom shall be owned by the state as specified by the law. likewise the law shall specify the means to be employed for the utilization, protection and development of these resources in a manner conducive to the promotion of the state's interest, security and economy. article 15 no concessions shall be awarded or permission given for the utilization of the country's natural resources, except as permitted by the law. article 16 public property is sacrosanct. it shall be protected by the state and preserved by both citizens and foreign residents. article 17 ownership, capital and labour are the fundamentals of the kingdom's economic and social life. they are private rights that serve a social function in conformity with islamic shari'ah. article 18 the state shall guarantee the freedom and inviolability of private property. private property shall be not be expropriated unless in the public interest and the confiscatee is fairly compensated. article 19 collective confiscation of properties shall be prohibited. confiscation of private properties shall only be effected in accordance with a judicial verdict. article 20 taxes and fees shall be imposed only on the basis of fairness and when the need arises. they shall only be imposed, amended, abolished or remitted in accordance with the law. article 21 zakat (poor-due) shall be levied and dispensed to its legitimate beneficiaries. article 22 economic and social development shall be achieved in accordance with a methodical and equitable plan. part 5. rights and duties article 23 the state shall protect the islamic creed and shall cater to the application of shari'ah. the state shall enjoin good and forbid evil, and shall undertake the duties of the call to islam. article 24 the state shall maintain and serve the two holy mosques. it shall ensure the security and safety of all those who call at the two holy mosques so that they may be able to visit or perform the pilgrimage and "umrah" (minor pilgrimage) in comfort and ease. article 25 the state shall be keen to realize the aspirations of the arab muslim nations with regard to solidarity and unity while enhancing its relations with friendly states. article 26 the state shall protect human rights in accordance with islamic shari'ah. article 27 the state shall guarantee the right of its citizens and their families in an emergency of in case of disease, disability and old age. likewise it shall support the social security system and encourage individuals and institutions to contribute to charitable pursuits. article 28 the state shall provide job opportunities to all able-bodied people and shall enact laws to protect both the employee and the employer. article 29 the state shall foster sciences, arts and culture. it shall encourage scientific research, shall preserve arab and islamic heritage and shall contribute to arab, islamic and human civilization. article 30 the state shall provide public education and shall commit itself to the eradication of illiteracy. article 31 the state shall be solicitous for promoting public health and shall provide medical care to every citizen. article 32 the state shall seek to conserve, protect and develop the environment and prevent pollution. article 33 the state shall build and equip the armed forces to defend the islamic faith, the two holy mosques, the society and the homeland. article 34 defending the islamic faith, the society and the homeland shall be the duty of each and every citizen. rules of military service shall be spelled out by the law. article 35 the rules which govern the saudi arabian nationality shall be defined by the law. article 36 the state shall ensure the security of all its citizens and expatriates living within its domains. no individual shall be detained, imprisoned or have his actions restricted except under the provisions of the law. article 37 houses are inviolable. they shall not be entered without the permission of their owners, nor shall they be searched except in cases specified by the law. article 38 punishment shall be restricted to the actual offender. no crime shall be established as such and no punishment shall be imposed except under a judicial or law provision. no punishment shall be imposed except for acts that take place after enaction of the law provision governing them. article 39 mass media, publication facilities and other means of expression shall function in a manner that is courteous and fair and shall abide by state laws. they shall play their part in educating the masses and boosting national unity. all that may give rise to mischief and discord, or may compromise the security of the state and its public image, or may offend against man's dignity and rights shall be banned. relevant regulations shall explain how this is to be done. article 40 all forms of correspondence, whether conveyed by telegraph, post or any other means of communication shall be considered sacrosanct. they may not be confiscated, delayed or read, and telephones may not be tapped except as laid down in the law. article 41 foreign residents in the kingdom of saudi arabia shall abide by its regulations and shall show respect for saudi social traditions, values and feelings. article 42 the state shall grant political asylum, if so required by the public interest. the law and international agreements shall define the procedures and rules for the extradition of common criminals. article 43 the "majlis" of the king and the "majlis" of the crown prince shall be open to all citizens and to anyone who may have a complaint or a grievance. every individual shall have the right to communicate with public authorities regarding any topic he may wish to discuss. part 6. powers of the state article 44 the powers of the state shall comprise: the judicial power the executive power the organizational power all these powers shall cooperate in performing their duties according to this law and other regulations. the king is the ultimate source of all these authorities. article 45 the source of ifta (religious ruling) in the kingdom of saudi arabia is the holy qur'an and the prophet's sunnah. the law shall specify the composition of the senior ulema board and of the administration of religious research and ifta and its jurisdictions. article 46 the judicial authority is an independent power. in discharging their duties, the judges bow to no authority other than that of islamic shari'ah. article 47 both citizens and foreign residents have an equal right to litigation. the necessary procedures are set forth by the law. article 48 courts shall apply the provisions of islamic shari'ah to cases brought before them, according to the teachings of the holy qur'an and the prophet's sunnah as well as other regulations issued by the head of state in strict conformity with the holy qur'an and the prophet's sunnah. article 49 subject to the provisions of article 53 of this law, the courts shall have jurisdiction to deal with all kinds of disputes and crimes. article 50 the king, or whomsoever he may deputize, shall be concerned with the implementation of the judicial verdicts. article 51 the law specifies the formation of the supreme judicial council and its functions as well as the organization and jurisdiction of the courts. article 52 judges are appointed and their service is terminated by a royal order upon a proposal by the supreme judicial council as specified by the law. article 53 the law defines the structure and jurisdiction of the court of grievances. article 54 the law shall specify the reference, organization and jurisdictions of the board of investigation and public prosecution. article 55 the king shall undertake to rule according to the rulings of islam and shall supervise the application of shari'ah, the regulations, and the state's general policy as well as the protection and defense of the country. article 56 the king shall be the prime minister and shall be assisted in the performance of his duties by members of the council of ministers according to the rulings of this law and other laws. the council of ministers law shall specify the council's powers with regard to internal and external affairs, organizing government bodies and co-ordinating their activities. likewise the law shall specify the conditions which the ministers must satisfy, their eligibility, the method of their accountability along with all other matters related to them. the council of ministers' law and jurisdiction shall be modified with this law. article 57 the king shall appoint the deputy prime minister and cabinet ministers and may relieve them of their duties by a royal order. the deputy prime minister and cabinet ministers shall be jointly responsible before the king for the applications of islamic shari'ah, the laws and the state's general policy. the king shall have the right to dissolve and re-form the council of ministers. article 58 the king shall appoint ministers, deputy ministers and officials of the "excellent grade" category and he may dismiss them by a royal order in accordance with the rules of the law. ministers and heads of independent authorities shall be responsible before the prime minister for their ministries and authorities. article 59 the law shall prescribe the provisions pertaining to civil service, including salaries, bonuses, compensation, privileges and retirement pensions. article 60 the king shall be the supreme commander of the armed forces and shall appoint military officers and terminate their service in accordance with the law. article 61 the king shall have the right to declare a state of emergency and general mobilization as well as war. article 62 if danger threatens the safety of the kingdom, the integrity of its territory, the security of its people and their interests, or impedes the performance of state institutions, the king shall take necessary and speedy measures to confront this danger. if the king feels that these measures may better be permanent, he then shall take whatever legal action he deems necessary in this regard. article 63 the king receives kings and heads of state, appoints his representatives to other countries and accepts accreditation of the representatives of other countries to the kingdom. article 64 the king awards medals in the same manner as specified by the law. article 65 the king may delegate parts of his authority to the crown prince by a royal order. article 66 in the event of his traveling abroad, the king shall issue a royal order deputizing the crown prince to run the affairs of the state and look after the interests of the people as stated in the royal order. article 67 acting within its term of reference, the organizational power shall draw up regulations and by-laws to safeguard public interests or eliminate corruption in the affairs of the state in accordance with the rulings of the islamic shari'ah. it shall exercise its powers in compliance with this law and the two other laws of the council of ministers and the majlis al-shoura (consultative council). article 68 the majlis al-shoura shall be constituted. its law shall determine the structure of its formation, the method by which it exercises its special powers and the selection of its members. the king shall have the right to dissolve the majlis al-shoura and re-form it. article 69 the king may call the council of ministers and majlis al-shoura to hold a joint meeting to which he may invite whomsoever he wishes for a discussion of whatsoever issues he may like to raise. article 70 laws, treaties, international agreements and concessions shall be issued and modified by royal decrees. article 71 laws shall be published in the official gazette and they shall take effect as from the date of their publication unless another date is stipulated. part 7. financial affairs article 72 the law shall determine the management of state revenues, and the procedures of their delivery to the state treasury. revenues shall be accounted for and expended in accordance with the procedures stated on the law. article 73 no obligation shall be made to pay funds from the state treasury except in accordance with the provisions of the budget. should the provisions of the budget not suffice for paying such funds, a royal decree shall be issued for their payment. article 74 state property may not be sold, leased or otherwise disposed of except in accordance with the law. article 75 the regulations shall define the provisions governing legal tender and banks, as well as standards, measures and weights. article 76 the law shall determine the state's fiscal year. the budget shall be issued by a royal decree which shall spell out revenue and expenditure estimates for the year. the budget shall be issued at least one month before the beginning of the fiscal year. if, owing to overpowering reasons, the budget is not issued on time and the new fiscal year has not yet started, the validity of the old budget shall be extended until a new budget has been issued. article 77 the concerned authority shall prepare the state's final accounts for the expired fiscal year and shall submit it to the prime minister. article 78 the budgets and final accounts of corporate authorities shall be subject to the same provisions applied to the state budget and its final accounts. part 8. control and auditing authorities article 79 all state revenues and expenditures shall be kept under control, so shall its fixed and liquid (mobile) assets which will be checked to ascertain that they are properly utilized and maintained. an annual report thereon shall be submitted to the council of ministers. the law shall name the control and auditing authority concerned, and shall define its terms of reference and accountability. article 80 government bodies shall be monitored closely to ensure that they are performing well and applying the law properly. financial and administrative violations shall be investigated and an annual report thereon shall be submitted to the council of ministers. the law shall name the authority to be charged with this task and shall define its accountability and terms of reference. part 9. general provisions article 81 the implementation of this law shall not violate the treaties and agreements the kingdom has signed with other countries or with international organizations and institutions. article 82 without prejudice to the provisions of article 7 of this law, none of the provisions of this law shall, in any way, be obstructed unless it is a temporary measure taken during the time of war or in a state of emergency as specified by the law. article 83 no amendments to this law shall be made except in the same manner in which it has been issued. shura council law article 1 in compliance with allah almighty words: [those who respond to their lord, and establish regular prayer; who (conduct) their affairs by mutual consultation; who spend out of what we bestow on them for sustenance] "shura sura (chapterxl11), verse 38". and [it is part of the mercy of allah that thou dost deal gently with them. wert thou severe or harsh-hearted , they would have broken away from about thee : so pass over ( their faults , and ask for ( allah's ) forgiveness for them ; and consult them in affairs ( of moment ). then, when thou hast taken a decision, put thy trust in allah. for allah loves those who put their trust (in him)] "al-imran sura (chapter iii), verse 159". and following his messenger peace be upon him (pbuh) in consulting his companions, and urging the (muslim) nation to engage in consultation. shura council shall be established to exercise the tasks entrusted to it, according to this law and the basic law of governance while adhering to quran and the path (sunnah) of his messenger (pbuh), maintaining brotherly ties and cooperating unto righteousness and piety. article 2 shura council shall hold fast to the bond of allah and adhere to the sources of islamic legislation. all members of the council shall strive to serve the public interest, and preserve the unity of the community, the entity of the state and nation interests. article 3 the shura council shall consist of a speaker and one hundred and fifty members chosen by the king from amongst scholars, those of knowledge, expertise and specialists, provided that women representation shall not be less than (20%) of members number. their rights, duties and affairs shall be determined by a royal order. article 4 it is stipulated that the member of shura council shall be as follows: a saudi national by descent and upbringing. a person well known for uprightness and competence. a person not less than 30 years of age. article 5 a member may submit a request to resign his membership to the speaker, who in turn shall bring it before the king. article 6 accountability of a member shall be done on failing to perform duties, and shall be trailed according to rules and procedures to be issued by royal decree. article 7 on vacancy of a member position, the king shall choose a substitution and a royal decree shall be issued to this effect. article 8 no member may exploit his membership for his own interest. article 9 the membership shall not be combined with any governmental post, or with the management of any organization, unless the king deems it necessary. article 10 speaker, vice-speaker, assistant speaker and secretary general shall be appointed and released by royal decree. their ranks, rights, duties, and all their affairs shall be defined by royal decree. article 11 prior to assumption of their duties, speaker, members and secretary general shall take the following oath before the king: "i swear to allah almighty to be loyal to my religion, then to my king and country, and not to reveal any of the state's secrets, to preserve its interests and laws, and to perform my duties with sincerity, integrity, loyalty and fairness." article 12 riyadh city shall be the seat of the shura council. the council may convene in other locations within the kingdom if the king deems it appropriate. article 13 shura council term shall be four hijri years, effective from the specified date in the royal decree issued for its formation. a new council shall be formed at least two months prior to the end of the current council. in case term of the current council ends before a new formation; current council shall remain active until the new formation is accomplished. numbers of the newly selected members shall not be less than half of the current council. article 14 the king, or whoever may deputize, shall deliver an annual royal speech at shura council on state's domestic and foreign policy. article 15 shura council shall express its opinion on state's general policies referred by prime minister. the council shall specifically have the right to exercise the following: discuss the general plan for economic and social development and give view. revising laws and regulations, international treaties and agreements, concessions, and provide whatever suggestions it deems appropriate. analyzing laws. discuss government agencies annual reports and attaching new proposals when it deems appropriate. article 16 a meeting of shura council shall not be valid without a quorum of at least two thirds of members, including speaker or whoever may deputizes. resolutions shall not be considered valid without members' majority approval. article 17 shura council's resolutions shall be submitted to the king who decides what resolutions to be referred to cabinet. if views of both shura council and cabinet agree, the resolutions are issued after the king approval. if views of both councils vary the issue shall be returned back to shura council to decide whatever it deems appropriate, and send the new resolution to the king who takes the final decisions. article 18 laws, international treaties and agreements, and concessions shall be issued and amended by royal decrees after being reviewed by the shura council. article 19 shura council shall form the necessary specialized committees amongst its members to exercise power within its jurisdiction. further, it may form ad hoc committees to review any item on its agenda. article 20 shura council's committees may seek non-council members assistance of whomever fit upon speaker's approval. article 21 shura council shall have steering committee composed of speaker, vice speaker, and heads of specialized committees. article 22 speaker shall submit to prime minister requesting accountability of ministers. a minister shall have the right to participate in the deliberation but not the right to vote. article 23 shura council shall have the jurisdiction to propose a draft of a new law or an amendment of an enacted law and study them within the shura council. speaker shall submit the shura council's resolution of the new or amended law to the king. article 24 speaker of shura council shall submit a request to the prime minister in providing the council with documents and data in possession of government agencies, which the council deems necessary to facilitate its work. article 25 speaker shall submit an annual report to the king regarding council's work in accordance with its regulations. article 26 civil service laws shall be applying to shura council employees unless the regulations provide otherwise. article 27 the king shall allocate shura council special budget. the budget shall be spent in accordance with rules issued by royal decree. article 28 shura council's financial matters, auditing and closing accounts shall be regulated by special rules issued by royal decree. article 29 shura council regulations shall define the functions of the speaker, the vice speaker, the general secretary, the assistant speaker, its bodies, the methods of conducting its meetings, the management of its work, and the work of its committees and the voting procedure. the regulations shall also specify rules of debate, principles of responding and other matters conducive to order and discipline within the shura council, so that it may exercise its jurisdiction for the welfare of the kingdom and the prosperity of its people. these regulations shall be issued by royal decree. article 30 amendment of this law can only be made in the same manner of the promulgation. the law of the provinces with the help of god, we, fahd bin abdulaziz al-saud, monarch of the kingdom of saudi arabia, having taken into consideration the public interest and the wish to improve the standard of government institutions' performance and modernization in various provinces, have ordered the following: the promulgation of the law of the provinces in the attached form, that this law shall come into force within a period not exceeding one year effective from the date of its publication, that this law shall be published in the official gazette. article 1 the aim of this law is to improve the standard of the administrative work and the development in the provinces of the kingdom. it is also aimed at maintaining security and order, and guaranteeing citizens' rights and freedom within the framework of the sharia. article 2 the provinces of the kingdom and governmental seat of each province shall be formed according to a royal decree upon the recommendation of the interior minister. article 3 administratively, every province shall consist of a number of govemorates (of "class a" or "class b"), districts and centers (of "class a" or "class b"). full consideration shall be given to the factors of demography, geography, security, environment and communications. the organization of a governorate shall be carried out according to a royal decree upon the recommendation of the interior minister. establishment of an affiliation of districts and centers shall take effect upon the interior minister's decision, as proposed by the emir of the province. (as amended by the royal decree a/21, dated 30/3/1414 h). article 4 for each province, an emir with the rank of minister shall be appointed. a deputy at the highest (excellent) rank shall assist the emir and deputize for him during periods of absence. the appointment and the relief of the emir and his deputy shall be made by royal decree upon the recommendation of the interior minister. article 5 the emir of the province shall be answerable to the interior minister. article 6 an emir and his deputy, prior to assuming their duties, shall take the following oath before the king: "in the name of god almighty, i swear that i will be loyal to my religion, then to my king and country, will not reveal any of the state's secrets and will protect its interests and laws. i will perform my work in honesty, trust, sincerity and fairness." article 7 every emir shall assume the administration of the region according to the general policy of the state in compliance with provisions of this law and other laws and regulations. in particular, he is expected to do the following: maintain security, order and stability, and take necessary measures in accordance with this law and other laws and regulations, implement rulings of the courts upon acquiring their final dispositions, guarantee human rights and freedom, refrain from any action which affects such rights and freedom except within the limits provided by the sharia and the law, work for social and economic development and public works of the province, work for the development and improvement of public services in the province, administer governorates, districts and centers, and supervise governors, directors and districts and heads of centers, and ascertain their capabilities to perform assigned duties, protect state property and assets and prevent their usurpation, supervise governmental institutions and their employees in the province and ensure proper performance of their work in honesty and loyalty with consideration of their affiliation with various ministries and service, have direct contact with ministers and head of agencies to discuss affairs of the province and improve the performance of affiliated institutions and to advise the interior minister accordingly, submit annual reports to the interior minister on the efficiency of public services and other affairs of the province as defined by the executive provisions in this law. (as amended by the royal decree a/21, dated 30/3/1414 h). article 8 an annual meeting, attended by emirs of provinces and presided over by the interior minister, shall be held to discuss the affairs of the provinces. a report to this effect shall be forwarded to the prince minister by the interior minister. article 9 at least two meetings shall be held every year for governors and directors of districts to discuss affairs of the province. the meeting shall be presided over by the emir, who shall submit a report to the interior minister. (as amended by the royal decree a/21, dated 30/3/1414 h). article 10 upon the recommendation of the interior minister, one deputy or more with a rank not less than grade 14 shall be appointed for every province following a decision by the council of ministers. every "class a" governorate shall have a governor with a rank not less than grade 14. upon recommendation of the interior minister, he shall be appointed by an order issued by the prime minister. the govemorate shall have a deputy with a rank not less than grade 12. he shall be appointed by a decision of the interior minister upon the recommendation of the emir of the province. every "class b" governorate shall have a governor with a rank not less than grade 12. he shall be appointed by a decision of the interior minister upon the recommendation of the emir of the province. every "class a" district shall have a director with a rank of not less than grade 8. he shall be appointed by a decision of the interior minister upon the recommendation of the governor. every "class b" district shall have a director with a rank of not less than grade 5. he shall be appointed by a decision of the emir of the province. (as amended by the royal decree a/2 1, dated 30/3/1414 h). article 11 emirs of provinces, governors of governorates and directors of districts shall reside in their work areas. they shall not be allowed to leave without permission from their direct superiors. (as amended by the royal decree a/21, dated 30/3/1414 h). article 12 the governors, directors of districts and heads of centers shall assume their responsibilities within their jurisdictions and within the assigned limits of their powers. (as amended by the royal decree a/21, dated 30/3/1414 h). article 13 governors shall manage their governorates within their limits of powers as provided in article 7, excluding clauses (f), (i) and (j). they shall supervise the work of subordinate directors and heads of centers, and ascertain their ability to perform their duties. they shall provide the emir of the province with periodic reports about the efficiency of public services and other affairs of their governorates, as defined by the executive regulations of this law. (as amended by the royal decree a/21, dated 30/3/1414 h). article 14 every ministry or governmental organization, having services in a province, shall appoint for its organs in the province a director with a rank not less than grade 12. he shall be directly affiliated with the central institution, and coordinate his work with the emir of the province. article 15 a council, called the council of the province, shall be established at every provincial seat. article 16 the council of a province shall be composed of: the emir of the province as chairman of the council, the deputy emir of the province as vice-chairman of the council, the deputy of the governmental seat, heads of governmental institutions in the province as specified by a resolution to be issued by the prime minister upon the recommendation of the interior minister, a minimum of ten men of knowledge, expertise and specialization to be appointed from among the inhabitants by an order issued by the prime minister after their nomination by the emir of the province and the approval by the interior minister -their terms of office shall be four years and shall be renewable. (amended by the royal decree a/21, dated 30/3/1414 h). article 17 it is stipulated that every member of the council shall be: a saudi national by birth and descent, a person well-known for righteousness and capability, not younger than 30 years of age, a resident of the province. article 18 a member shall be entitled to submit written proposals to the head of the provincial council on matters pertaining to the council's jurisdiction. every proposal shall be listed by the chairman on the council's agenda for consideration. article 19 a member shall not attend discussions of the (provincial) council or its committees if the subject of discussion might concern his personal gain or might benefit individuals for whom his testimony is not acceptable, or individuals who have appointed him as guardian, proxy or representative. article 20 a (provincial council) member who wishes to resign shall submit his request to the interior minister through the emir of the province. his resignation shall not be considered valid until it is approved by the prime minister upon a proposal of the interior minister. article 21 in cases other than those mentioned in the law, an appointed (provincial council) member may not be dismissed during the term of his membership without the prime minister's order after a proposal of the interior minister. article 22 when the place of any appointed (provincial council) member has become vacant for any reason, a successor shall be appointed within three months, effective from the beginning of vacancy. the term of the new member shall be equal to the remaining period of his predecessor's term in accordance with article 16, clause (e) of this law. article 23 the council of a province shall consider whatever might improve the standard of services in the province, particularly: defining needs of the province and proposing their inclusion in the state's development plan, defining useful projects and putting them in an order of priority, and proposing their endorsement in the annual budget of the state, studying urban plans for villages and towns of the province, and following up the implementation of all allocations to the province from the development plan and the budget, following up and coordinating the implementation of all allocations to the province from the development plan and the budget. article 24 the council of a province shall propose any work needed for the public interest of the population in the province, encourage citizens to participate in that work and submit the proposal to the interior minister. article 25 a provincial council is prohibited from considering any topic outside its jurisdiction as provided by terms of this law. its decisions shall be null and void if its powers are misused. the minister of the interior shall issue a decision to this effect. article 26 the council of a province shall convene every three months in ordinary sessions upon invitation by its chairman. if he considers it necessary, the chairman is entitled to summon the council to an extraordinary session. the session shall include one or more meetings which are held upon a single summons. the session may not be adjourned until all issues on the agenda are taken into consideration and discussed. article 27 those members who are mentioned in article 16, clauses (c) and (d) of this law must attend meetings of the provincial council as part of their official duties. they should attend in person or appoint substitutes when they cannot attend. regarding members mentioned in clause (e) of the said article, un-excused non-attendance at two successive sessions by a member shall be grounds for his dismissal from the council. in this case, he shall not be re-appointed before two years have elapsed effective from the date of the decision for dismissal. article 28 meetings of a provincial council shall not be official unless at least two thirds of its members are present. its resolutions shall be adopted by an absolute majority of votes of the council's members. in case of a tie vote, the chairman shall cast the deciding vote. article 29 a provincial council, in case of need, may form special committees to consider any topics within its powers. it may seek the assistance of experienced people and specialists. it may also invite others to attend the council's meetings and participate in discussion without having the right to vote. article 30 the minister of interior may invite a council to convene under his chairmanship anywhere he deems suitable. he may chair any meeting he attends. article 31 a provincial council may not convene without an invitation from its chairman or his deputy, or without an order issued by the interior minister. article 32 the chairman of a council shall submit a copy of the resolution to the minister of interior. article 33 the chairman of a provincial council shall inform ministries and governmental services of any resolutions concerning them which are passed by the council. article 34 ministries and governmental institutions shall take into consideration resolutions passed by a provincial council in accordance with provisions of article 23, clauses (a) and (b) of this law. if a ministry or a governmental institution does not agree to consider one of these resolutions, it shall explain the reasons to be provincial council. in case of dissatisfaction, the council shall refer the matter to the interior minister for reconsideration by the prime minister. article 35 every ministry or institution with services in a province shall immediately inform the provincial council of projects which were decided upon in the budget for the province, together with its allocation from the development plan. article 36 any minister or head of institution may seek the opinion of a provincial council on matters pertaining to his jurisdiction in the province. the council shall forward its opinion in this regard. article 37 the council of ministers, upon a proposal of the interior ministry, shall set the remuneration of the chairman of a provincial council and its members, taking into account the cost of transportation and accommodation. (as amended by the royal decree a/21, dated 30/3/1414 h). article 38 a provincial council can be dissolved only on an order by the prime minister following the recommendation of the interior minister. new members shall be appointed within three months effective from the date of the dissolution. during this period, members mentioned in article 16, clauses (c) and (d) of this law, shall perform the duties of the council under chairmanship of the emir of the province. article 39 a secretariat for a provincial council shall be set up at the governmental seat of the province to prepare its agenda, send timely invitation, record discussions carried out during the sessions, count votes, prepare the minutes of sessions, draft decisions, and perform necessary work for the monitoring of the council's sessions and the registration of all decisions. article 40 the interior minister shall issue the necessary regulations to implement this law. chapter i the state and the principles of governing article 1 qatar is an arab state, sovereign and independent. its religion is islam, and the islamic law is the main source of its legislations. its system is democratic, and its official language is the arabic language. the people of qatar are part of the arab nation. article 2 the capital of the state is al-douha. it may be replaced by any other location by law. the state exercises its sovereignty on its territory. it shall not relinquish its sovereignty nor cede any part of its territory. article 3 the law stipulates the state flag, its emblem, its decorations, its badges, and its national anthem. article 4 the law determines the financial and banking system of the state and indicates its official currency. article 5 the state preserves its independence, sovereignty, safety and integrity of its territory, security and stability and defends itself against every aggression. article 6 the state respects the international charters and treaties and works on executing all international agreements, charters and treaties to which it is a party. article 7 the foreign policy of the state is based on the principle of maintaining international peace and security by encouraging the settlement of international disputes by peaceful means, and supporting the people's right to self-determination and non-interference in internal affairs of the state, and cooperation with peace-loving nations. article 8 the rule of the state is hereditary in the family of al thani, and in the male descendents of hamad ben khalifa ben hamad ben abd-allah ben jassim. inheritance of the rules goes to the son designated by the prince (emir) as heir apparent. if there is no son, the rule passes to the family member designated by the prince as heir apparent, and in this case, the rule inheritance goes to his male descendents. all provisions pertinent to the state rule and its inheritance are regulated by special law to be issued within a year from the date this constitution is put into force and to have a constitutional aspect. article 9 the prince appoints the heir apparent by a princely order after consultation with the ruling family and the notables in the country. the heir apparent must be a moslem, from a qatari moslem mother. article 10 on his appointment before this prince, the heir apparent takes the following oath: "i swear by god, the great, to respect the islamic law, the constitution, and the law, and to maintain the independence of the country, and to safeguard its territorial integrity, and to protect the people's freedoms and interests, and to be loyal to the homeland and the prince." article 11 the heir apparent assumes the powers of the prince and performs his functions on his behalf during the prince's absence outside the country or in the case of temporary impediment. article 12 the prince may, by a princely order, assign the exercise of some of his powers and the assumption of some of his functions to the heir apparent. the heir apparent presides over the sessions of the council of ministers which he attends. article 13 taking into consideration the provisions of the two preceding articles, when it is impossible for the heir apparent to represent the prince, the prince may appoint, by a princely order, his deputy from the ruling family to perform some of his powers and functions. if the appointee occupies a post or performs a job in any institution, he ceases to perform his functions during his deputation of the prince. immediately after being appointed, the prince deputy takes, before the prince, the same oath taken by the heir apparent. article 14 a council named "council of the ruling family" is established by a decision of the prince. the prince appoints its members from the ruling family. article 15 the council of the ruling family determines the vacancy of the prince's post in case of his death or his total disability to perform his functions. the council of ministers and the advisory council (majlis-al shura) announce the vacancy of the post following a secret joint session and declare the heir apparent as prince of the country. article 16 if the heir apparent is less than eighteen years of age when declared as the country's prince, according to the gregorian calendar, a regency council established by the council of the ruling family assumes the steerage of ruling. the regency council is composed of a chairman and a number of members not less than three and not more than five. the chairman and the majority of the members shall be from the ruling family. article 17 the prince's financial remunerations, as well as the funds allocated for gifts and assistances, are determined annually by a decision made by the prince. chapter ii. the basic pillars of the society article 18 the qatari society is based upon the pillars of justice, charity, freedom, equality, and good morals. article 19 the state protects the pillars of society, maintains security and stability, and equal opportunities for citizens. article 20 the state strives to consolidate the spirit of national unity, solidarity, and fraternity among all citizens. article 21 the family is the nucleus of society. its pillars are the religion, morals, and love of the homeland. the law regulates the means capable of its protection, maintaining its structure, strengthening its ties, and safeguarding motherhood, childhood, and old age within its framework. article 22 the state takes care of the youth, preserves it from the causes of corruption, protects it against exploitation, safeguards it against the evil of physical, mental and spiritual neglect, and provides appropriate conditions for it to develop its talents in different sectors, in the light of sound education. article 23 the state takes care of public health and provides the means of protection and treatment from diseases and epidemics, according to law. article 24 the state takes care of sciences, literature, arts and national cultural heritage, protects them, spreads them, and encourages scientific research. article 25 education is one of the basic pillars for the progress of society. the state sponsors and takes care of it, and endeavors to spread it and make it public. article 26 ownership, capital, and labor are basic components for the state's social entity. they are all individual rights having social function, regulated by law. article 27 private property is inviolable. no one can be deprived of his property, save for public utility and in the cases prescribed by law and in the manner provided for therein provided that he is fairly compensated. article 28 the state guarantees the freedom of economic activities on the basis of social justice and balanced cooperation between public and private activity, to achieve economic and social development, production increase, realizing prosperity for the citizens, raising their living standard, providing work opportunities for them, according to the provisions of the law. article 29 natural wealth and resources are owned by the state, which preserves and exploits them well according to the provisions of the law. article 30 the relationship between workers and employers is based upon social justice, and is regulated by law. article 31 the state encourages investment and endeavors to provide guarantees and facilities needed to it. article 32 the law regulates state loans. article 33 the state endeavors to protect the environment and its natural balance, to achieve comprehensive and sustainable development for all generations. chapter iii. public rights and duties article 34 citizens are equal in public rights and duties. article 35 people are equal before the law. there shall be no discrimination against them because of sex, race, language, or religion. article 36 personal freedom is inviolable. no one can be arrested, or jailed, or searched, or having his residence confined, or having his freedom of residence or mobility restricted, except according to the provisions of the law. no one shall be subjected to torture or humiliating treatment. torture is a crime punishable by law. article 37 human privacy is inviolable. no person can be subjected to any interference in his private matters, or his family's affairs, or his residence, or his correspondence, or any acts of interference affecting his honor or reputation, except according to the provisions of law, and in the manner stipulated therein. article 38 no citizen may be deported from the country, nor be banned from returning to it. article 39 the accused is innocent until proven guilty in a court of law, where the due processes of the law are provided and secured for the practice of defense. article 40 no crime and no punishment except according to the law. no punishment except on acts occurring subsequent to its implementation. punishment is personal. laws are not applicable except on what happens subsequent to the date of putting them into force, and they have no impact on what occurs retroactively. however, in non-criminal articles, it may be otherwise specified by the majority of two-thirds (2/3) of the members of the advisory council. article 41 the qatari nationality and its provisions are determined by law. these provisions have constitutional power. article 42 the state guarantees the citizen's right to elect and to run for public office, according to the law. article 43 taxes are based on social justice and cannot be imposed except by a law. article 44 the right of citizens to assemble is guaranteed according to the provisions of the law. article 45 the freedom to establish associations is guaranteed according to conditions and circumstances laid down by the law. article 46 every individual has the right to address public authorities. article 47 freedom of opinion and scientific research are guaranteed, according to conditions and circumstances laid down by the law. article 48 freedom of the press, printing, and publishing is guaranteed according to the law. article 49 education is a right to every citizen. the state endeavors to achieve compulsory and free public education, according to the rules and laws in force in the state. article 50 the freedom to worship is guaranteed to all, according to the law and the requirements to protect the public order and public morals. article 51 the right of inheritance is inviolable and is governed by the islamic law. article 52 every person, legally residing in the state, enjoys protection of his person and property, according to the provisions of the law. article 53 defending the homeland is a duty of every citizen. article 54 public offices are a national service, and the public employee's goal, in performing the duties of his post, is the public interest alone. article 55 public funds are inviolable, and their protection is the duty of all, according to the law. article 56 public confiscation of property is prohibited. the punishment of private confiscation can only be imposed by a court decision, in the case stipulated by the law. article 57 respect of the constitution, compliance with the laws issued by the public authority, abiding by the public order and public morals, and observing the national traditions and established customs are a duty of all those who reside in the state of qatar or enter its territory. article 58 extradition of political refugees is prohibited, and the law determines the conditions of granting political asylum. chapter iv. organization of powers section i. general provisions article 59 the people are the source of powers, and they exercise them according to the provisions of this constitution. article 60 the governing system is based upon the separation of powers and their cooperation in the manner specified in this constitution. article 61 the legislative power is exercised by the advisory council in the manner specified i this constitution. article 62 the executive power is exercised by the prince, and is assisted by the council of ministers in the manner specified in this constitution. article 63 the judicial power is exercised by the courts in the manner specified in this constitution. judgments are issued in the name of the prince. section ii. the prince article 64 the prince is the head of the state. his person is inviolable, and his respect is a duty. article 65 the prince is the commander-in-chief of the armed forces, which are under his supervision, assisted by a council for defense under his direct control. the council is established, and its functions are determined by a princely decision. article 66 the prince represents the state inside and outside the state and in all international relations. article 67 the prince exercises the following functions: shaping the state's public policy, with the assistance of the council of ministers. ratifying the laws and promulgating them. no law may be promulgated, unless ratified by the prince. inviting the council of ministers to convene, as required by public interest. he presides over the sessions he attends. appointing civil and military employees, and terminating their services according to the law. accrediting heads of diplomatic and consular missions. pardoning the punishment, or commuting it, according to the law. granting civil and military badges of honor according the law. establishing and organizing the ministries, and other government agencies, and determining their jurisdiction. establishing and organizing the agencies which assist him with opinion and consultation for directing the state's high policies, supervising them, and determining their jurisdiction. any other functions, according to this constitution or law. article 68 the prince concludes the treaties and agreements by a decree, and refers them to the advisory council with appropriate notice. the treaty or the agreement shall have the force of law after ratifying it and publishing it in the official gazette. however, peace treaties and treaties pertaining the state's territory, or sovereignty rights, or public or private rights of citizens, or those that involve amendment of the state's laws, must be issued by law, to be put into force. under no circumstances shall the treaty include any secret conditions conflicting with its public conditions. article 69 the prince may declare martial law in the country by a decree, in the exceptional circumstances prescribed by the law. at that time, he may take all the prompt measures needed to confront any danger threatening the state's safety, or the integrity of its territory, or its people's security and interests, or obstruct the state's institutions from performing their functions, on condition that the decree must include the nature of the exceptional circumstance for which the martial law was declared, and prescribe the measures taken to confront it. the advisory council is notified of this decree in its first session. the martial law is declared for a limited period of time and cannot be extended, unless approved by the advisory council. article 70 the prince may, in exceptional circumstances that require taking urgent measures that cannot be delayed and can be taken by issuing laws, even when the advisory council is not in session, issue decrees having the force of law. these decree laws are submitted to the advisory council in its first session. the council may, within a maximum of forty (40) days from the date of their submission, and by a two-thirds (2/3) majority, reject any of them or ask for their amendment within a specific period. these decrees cease to have the force of law from the date the council rejected them or from the expiration of the period of time for the amendment without affecting it. article 71 defensive war shall be declared by a princely decree, and offensive war is prohibited. article 72 the prince appoints the prime minister, accepts his resignation and relieves him from his post by a princely order. the resignation of the prime minister, or relieving him from his post includes all ministers. in case of accepting the resignation or the relief from post, the council continues to handle urgent matters until the new council of ministers is appointed. article 73 the prince appoints the ministers by a princely order based upon a recommendation of the prime minister. he accepts their resignation and relieves them from their posts with the same instrument. in the case of accepting a minister's resignation, he may be asked to perform urgent matters until his successor is appointed. article 74 the prince takes the following oath prior to the performance of his functions, in a special session of the advisory council: "i swear by god, the great, to respect the islamic law, the constitution, and the law, protect the country's independence, safeguard the integrity of its territory, and defend the people's freedoms and interests." article 75 the prince may ask for the citizen's referendum on important issues relating to the country's interests. the subject of referendum is considered approved if supported by the majority of voters. the result of referendum is binding and effective from the date of its announcement and is published in the official gazette. section iii. the legislative power article 76 the advisory council assumes the legislative power, approves the state's public budget and exercises the function of "watchdog" over the executive power, according to the manner stipulated in this constitution. article 77 the advisory council consists of forty-five (45) members. thirty (30) of them are elected by public secret direct ballot, and the prince appoints the other fifteen (15) members from the ministers or others. the membership of the appointed members in the advisory council is terminated by their resignation or relief. article 78 the electoral system is issued by a law in which the conditions and procedures of nomination and election are determined. article 79 the electoral districts into which the state is divided and the scope of each are determined by a decree. article 80 a member of the advisory council must fulfill the following conditions: to be of an original qatari nationality. to be at least thirty (30) calendar years at the closing date of nomination. to be fluent in reading and writing the arabic language. should not have been convicted by a final judgment in the crime involving moral turpitude or dishonesty, unless he is rehabilitated according to the law. to meet the conditions of an elector according to the electoral law. article 81 the term of the council is four (4) calendar years effective the date of its first session. the elections of the new council occur during the ninety (90) days prior to the end of that term. a member, whose term expired, may be re-elected. if the elections cannot be held at the end of the council's term, or are delayed for any reason, the council continues to exist until the new council is elected. the legislative term may not be extended, except for necessity and by a decree, provided that that extension may not exceed one legislative term. article 82 the law determines the competent judicial jurisdiction to decide on the validity of electing the members of the advisory council. article 83 if the seat of any of the elected members of the advisory council becomes vacant at least six months prior to the expiration of his term for any reason, a successor shall be elected within two months from the date of notifying the council of such vacancy. if the seat of any of the appointed members becomes vacant, another new member is appointed to succeed him. in both cases, the new member completes the term of his predecessor. article 84 the session of the council is for a period of at least eight (8) months a year. the session may not be adjourned prior to the approval of the state budget. article 85 the advisory council holds its annual ordinary session with the prince's invitation within the month of october of every year. article 86 with the exception of the preceding two articles, the prince invites the advisory council to hold the first session, subsequent to the council's general elections, within one month from the end of those elections. if the convening of the council in this session is delayed beyond the annual date prescribed in the preceding article, the term of the session is reduced by the difference between the two dates. article 87 the prince, or his representative, inaugurates the term of the annual session of the advisory council and delivers a comprehensive speech covering the affairs of the country. article 88 the prince invites the advisory council to an extraordinary meeting by a decree in case of necessity or based upon the request of the majority of the council's members. in an extraordinary session, the council may not view except the matters for which it was invited. article 89 inviting the advisory council to convene in its ordinary and extraordinary sessions, and adjourning them, shall be by a decree. article 90 the prince may defer, by a decree, the meeting of the advisory council for a period not to exceed one month. the postponement cannot be repeated in the term of one session except by the council's approval for one period. the postponement period cannot be included as part of the session term. article 91 the council holds its meetings in its seat in the city of al-douha. the prince may invite it to convene in any other place. article 92 before performing their duties, members of the advisory council take the following oath before the council and in a public session: "i swear by god, the great, to be loyal to the homeland and the prince, and to respect the islamic law, the constitution, and the law, and to heed for the people's interests, and to perform my job with honesty and integrity." article 93 in its first session and for the council's term, the council elects a president and a vice-president from amongst its members. if the seat of any becomes vacant, the council elects who replaces him to the end of the council's term. the election shall be by secret ballot and by the absolute majority of votes of the attending members. if this majority does not materialize the first time, reelection is conducted between the top two in the number of votes cast by the attending members. if the second of the two receives equal votes with others, he is included with them in the second-time election, which is conducted according to the relative majority. if more than one are equal in obtaining the relative majority, the selection among them is made by lot. the eldest member presides over the session until the president is elected. article 94 the council establishes, from its members, the committees necessary for the performance of its functions within two (2) weeks from the start of its annual session. these committees may perform their functions during the council's recess in order to submit the results of their work to it at the beginning of the following session. article 95 the council shall have an office including the president, his deputy, chairmen of committees, and a general-secretariat to assist it in performing its functions. article 96 maintain order in the council is in the jurisdiction of the council's president. article 97 the advisory council establishes its internal by-laws including its internal order and the proceeding for conducting the business in the council, the work of its committees, the organization of sessions, the rules of discussion and voting, and the other functions stipulated in this constitution. the by-laws determine the sanctions prescribed for the violation of the order by the member, or his absences from the sessions of the council or the committees without acceptable excuse. the by-laws are issued by law. article 98 the sessions of the advisory council shall be public, and they may be held in camera in response to the request of one-third of the council's members, or upon the request of the council of ministers. article 99 in order to have a quorum to validate convening of the council, the majority of its members must attend, including the president or his deputy. if there is no quorum, the session is adjourned to the next session. article 100 the council's decisions are issued by absolute majority of the attending members, not withstanding the cases in which special majority is required. if there is a tie, the president has a casting vote. article 101 membership in the advisory council is terminated by one of the following reasons: death or total disability. expiration of the membership's term. resignation. dismissal. dissolution of the council. article 102 resignation of the member of the council shall be in writing to the president. the president shall submit the resignation to the council for a decision to accept it or refuse it. the internal by-laws provide for the rules pertaining to this matter. article 103 membership of any of the council's members may not be dropped unless he loses the confidence and esteem, or loses one of the membership's conditions on the basis of which he was elected, or violates the duties of his membership. the decision to drop the membership must be issued by the council by a two-thirds (2/3) majority of its members. article 104 the prince may dissolve the advisory council by a decree stating the reasons for the dissolution. the council may not be dissolved for the same reasons another time. if the council is dissolved, elections for the new council must be conducted at a date not to exceed six months from the dissolution date. until the election of the new council is conducted, the prince assumes the legislative power with the assistance of the council of ministers. article 105 every member of the council has the right to initiate the laws. every bill is referred to the relevant committee in the council for studying it and expressing opinion thereof, and submitting it to the council subsequently. if the council decides to accept the bill, it refers it to the government after putting it in the form of law proposal for studying it and expressing opinions thereof, and returning it to the council in the same session or the following one. any bill rejected by the council may not be reintroduced in the same term session. article 106 every bill passed by the advisory council is submitted to the prince for approval. if the prince decides not to approve the bill, he returns it to the council within three months from the date of its submission together with the reasons of disapproval. if the bill is returned within the period specified in the preceding paragraph, and is passed once again by the advisory council by a two-thirds (2/3) majority of the council's members, the prince approves it and issues it. the prince may, in case of imperative necessity, suspend the implementation of this law for the period he deems necessary to realize the high interests of the country. if the bill is not passed by two thirds (2/3) majority, it may not be reconsidered during the same session. article 107 the public budget bill must be submitted to the advisory council at least two months prior to the start of the fiscal year and shall not come into force unless approved by the council. the advisory council may amend the budget bill by the government's approval. if the new budget is not approved prior to the start of fiscal year, the previous budget remains in force until the new budget is approved. the law defines the way of preparing the budget, as well as the fiscal year. article 108 the advisory council has the right to express wishes to the government with respect to public matters. if the government cannot comply with these wishes, it must explain to the council the reasons thereof, and the council may respond once on the government's statement. article 109 each member of the advisory council has the right to address questions to the prime minister and to one of the ministers for the clarification of matters within their jurisdiction, and the enquirer only has the right to comment only once on the response. article 110 every member of the advisory council has the right to interrogate the ministers with respect to matters within their jurisdiction. the interrogation may be addressed by the approval of one-third (1/3) of the council's members. the interrogation may not be discussed except after at least ten (10) days from addressing it, unless it is an urgency case and pending the approval of the minister to shorten the period. article 111 every minister is responsible before the advisory council for the functions of his ministry. there may be no vote of confidence on the minister except after discussing the interrogation addressed to him. a vote of confidence may be taken based upon his wish or a request signed by fifteen (15) members. the council may not decide on this matter before ten (10) days at least from the date of submitting the request or expressing the wish. a vote of no confidence against the minister is taken by the majority of two-thirds(2/3) of the members constituting the council. the minister is relieved from the ministry effective the date of the decision of no confidence. article 112 a member of the council may not be reprimanded for the opinions or statements he expresses before the council or its committees with respect to matters within the jurisdiction of the council. article 113 except in cases of flagrante delicto, a member of the advisory council may not be arrested, jailed, searched, or interrogated except by a prior permission from the council. if the council does not decide on the request for permission within one month from the date of receiving the request, this is considered as a permission. the permission is issued by the council president when it is not in session. in case of flagrante delicto, the council must be notified of the measures taken against the offending member, and in case the council is not in session, that notification must be made in the first subsequent session. article 114 it is not permissible to combine the membership of the advisory council and the assumption of public offices, except in the cases where the combination is permissible by the constitution. article 115 in their conduct, members of the advisory council must have for their objective the interests of the homeland, and not to exploit the membership in any manner whatsoever for their benefit, or the benefit of those with whom they have a special relationship. the law determines the acts that the member of the advisory council may not perform. article 116 the council president, his vice-president, and the members are granted a remuneration determined by law, and is due effective the date of taking the oath before the council. section iv. the executive power article 117 no one assumes the ministry, unless his original nationality is qatari. article 118 the formation of the cabinet is by a princely order based upon a proposal by the prime minister. the prince may entrust the prime minister or any of the ministers with the assumption of one ministry or more. the law determines the powers of ministers. article 119 the prime minister and ministers take the following oath before the prince, prior to the assumption of their offices: "i swear by god, the great, to be loyal to the homeland and the prince, to respect the islamic law, the constitution, and the law, to fully safeguard the interests of the people, to perform my duties honestly, faithfully and honorably, and to fully preserve the country's entity and its territorial integrity." article 120 the council of ministers assists the prince in performing his duties and exercising his powers, according to this constitution and the provisions of the law. article 121 as the supreme executive institution, the council of ministers is assigned the performance of all the internal and external affairs within its jurisdiction according to this constitution and the provisions of the law. the council of ministers performs the following functions in particular: proposing draft laws and decrees. draft laws are submitted to the advisory council for debating them. in case of approving them, they are submitted to the prince for ratification and promulgation, according to the provisions of this constitution. approving the regulations and decisions made by the ministries and other governmental agencies, within the jurisdiction of each, for the implementation of the laws according to their provision. overseeing the implementation of laws, decrees, regulations and decisions. proposing the establishment and the organization of government, agencies, institutions and public organizations according to the law. superior control over the functioning of the governmental fiscal and administrative system. appointing and dismissing the employees if the appointment and dismissal do not lie within the jurisdiction of the prince or within the jurisdiction of ministers according to the law. setting the general rules capable of maintaining the internal security and securing the order within the state, according to the law. managing the state fiscally and preparing the proposal of its public budget, according to this constitution and the provisions of the law. approving the economic projects and means of executing them. supervising the means of safeguarding the state interests abroad and the methods of maintaining its international relations and its external affairs. preparing a report at the beginning of every fiscal year, including a detailed presentation of the major tasks accomplished inside and outside, coupled with a plan outlining the best means capable of achieving the overall state development and securing the factors of its progress and prosperity, and maintaining its security and stability, according to the fundamental principles guiding the state's policy stipulated in this constitution, and this report is submitted to the prince for approval. any other functions authorized by this constitution or the law. article 122 the prince may ask the prime minister and the ministers to submit reports relevant to any of the matters lying within their jurisdictions. article 123 the prime minister and ministers are collectively responsible before the prince for the execution of the public policy of the government, and each one is individually responsible before the prince for the performance of his duties and the exercise of his functions. article 124 the law determines the remunerations of the prime minister and ministers. all provisions applicable to ministers are applicable to the prime minister, unless otherwise stipulated. article 125 the prime minister presides over the sessions of the council, manages its debates, and supervises the coordination of work among the different ministries to realize the unity of government agencies and the integration of its activity. he signs in the name of the council of ministers and on its behalf the decisions made by the council. the council's decisions relevant to matters determined by the issuance of a princely decision are submitted to the prince for approval and issuance according to the provisions of this constitution. article 126 the meetings of the council of ministers have a quorum with the attendance of the majority of its members including the prime minister or his deputy. the council's deliberations are secret, and its decisions are made by the approval of the majority of the attending members. in case of a tie, the prime minister casts the winning vote. the minority abides by the opinion of the majority. article 127 the council of ministers sets up its by-laws to organize its work. it shall have a secretariat-general to assist it in performing its functions. article 128 while assuming their offices, the ministers must have for their objective, in their behavior, the interests of the homeland, and not exploiting their official offices, in any manner, for their interests or the interest of those with whom they have a special relation. the law determines the acts prohibited to the ministers, and the acts committed by them while assuming their offices and necessitate their accountability, and it also determines the manner of this accountability. section v. the judicial power article 129 supremacy of the law is the basis of governing in the state. the honor of the judiciary and the integrity of judges and their justice are the guarantee of rights and freedoms. article 130 the judicial power is independent and is assumed by court of different types and levels. they issue their decisions according to the law. article 131 judges are independent. in their judgment, they are dominated by no power except the law. no institution may interfere in the lawsuits or in the process of justice. article 132 the law regulates the courts with its different types and levels and defines their functions and jurisdictions. the jurisdiction of military courts is restricted, except in the case of martial law, to military crimes committed by members of the armed forces and security forces, within the limits specified by the law. article 133 sessions of courts are public, unless the court decides holding them in camera for maintaining the public order or the public morals. under all circumstances, pronouncing the judgment is in an open session. article 134 judges are not removable, except in the cases specified by the law. the law also determines the provisions relevant to them and regulates their disciplinary accountability. article 135 litigation is an inviolable and guaranteed right to all the people. the law specifies the procedures and manners of exercising this right. article 136 the parquet assumes the public action in the name of the society, oversees the judicial enforcement, and secures the implementation of criminal laws. the law organizes this body, regulates its functions, and defines the conditions and guarantees pertinence to those who assume its jobs. article 137 the judiciary has a supreme council to oversee the proper functioning of the courts and its auxiliary agencies. the law determines its formation, its functions, and its jurisdictions. article 138 the law determines the specialized agency in the settlement of administrative disputes and defines its structure and the way it performs its functions. article 139 the law regulates the way of settling the disputes over jurisdiction among the judicial bodies, and the conflict of judgments. article 140 the law determines the judicial body competent to settle the disputes related to the constitutionality of the laws and regulations, defines its functions, the way to appeal, and the procedures to be followed before it. the law also defines the impact of a judgment of unconstitutionality. chapter v. concluding provisions article 141 the prince promulgates this constitution, and it comes into force from the day following the date of publishing it in the official gazette. article 142 the laws are published after ratifying and issuing them in the official gazette, within two (2) weeks from the date of their issuance, and they come into force after one (1) month from the date of publishing them, unless another date is specified in the law itself. article 143 what has been decided by the laws and regulations issued prior to the coming into force of this constitution remains valid and effective, unless amended according to its provisions. the implementation of the constitution has no impact in violating the provisions of the treaties and international agreements to which the state is a party. article 144 the prince and one-third (1/3) of the members of the advisory council each have the right to ask for the amendment of one or more articles of this constitution. as a matter of principle, if the majority of the council's members approve the amendment, the council debates it article by article. in order for the amendment to be passed, it must be approved by two-thirds (2/3) of the council's members. the amendment comes into force only after being ratified by the prince and published in the official gazette. as a matter of principle, if the proposal requesting the amendment is rejected, it may not be reintroduced prior to the lapse of one year from this rejection. article 145 the provisions relevant to the governance and inheritance of the state may not be subject to a request for amendment. article 146 the provisions relevant to the rights and public freedoms may not be subject to request for amendment, except within the limitations intended to grant more rights and guarantees for the interest of the citizen. article 147 the functions of the prince prescribed in this constitution may not be subject for a request to amend them during the period of deputation for him. article 148 any of the articles of this constitution may not be subject for a request to amend before the lapse of ten years from the date of its coming into force. article 149 none of the provisions of this constitution may be suspended except during the period of enforcing the martial laws and within the limitations prescribed by the law. however convening the advisory council may not be suspended, nor the immunity of its member be violated during this period. article 150 the provisional amended basic law, in force in the state, and promulgated on april 19, 1972, is revoked. the provisions relevant to the current advisory council remain in force until the new advisory council is elected. chapter one the state and the system of governance article 1 the sultanate of oman is an arab, islamic, independent state with full sovereignty and muscat is its capital. article 2 the religion of the state is islam and islamic sharia is the basis for legislation. article 3 the official language of the state is the arabic language. article 4 the law determines the flag, emblem, insignia and national anthem of the state. article 5 the system of governance is sultani, hereditary in the male descendants of sayyid turki bin said bin sultan, provided that whomever is to be chosen from amongst them as successor shall be a muslim, mature, rational and the legitimate son of omani muslim parents. article 6 the royal family council shall, within three days of the throne falling vacant, determine the successor to the throne. if the royal family council does not agree on a choice of a sultan for the country, the defence council together with the chairman of majlis al dawla, the chairman of majlis al shura, and the chairman of the supreme court along with two of his most senior deputies, shall instate the person designated by his majesty the sultan in his letter to the royal family council. article 7 the sultan, before exercising his powers, shall, in a joint session of majlis oman and the defence council, take the following oath: "i swear by allah the almighty to honour the basic statute of the state and the laws and to fully safeguard the interests of the citizens and their freedom and to preserve the independence of the country and its territorial integrity". article 8 the government shall continue to perform its functions as usual until the sultan is chosen and exercises his authority. article 9 the governance in the sultanate shall be based upon justice, shura and equality. the citizens, pursuant to this basic statute and the conditions and provisions prescribed by the law, shall have the right to participate in public affairs. chapter two. the principles guiding the policy of the state article 10 the political principles: preserving the independence and sovereignty of the state and safeguarding its entity, security, stability and defending it against all aggression. reinforcing ties of cooperation and reaffirming friendly relations with all states and nations on the basis of mutual respect, common interest, non-interference in the internal affairs and adherence to the international and regional charters and treaties and the generally recognized principles of international law conducive to the advancement of peace and security among states and nations. laying suitable foundations for consolidating the pillars of genuine shura emanating from the heritage of the nation, its values and islamic sharia, taking pride in its history and adopting the useful contemporary means and instruments. establishing a sound administrative system that guarantees justice, tranquillity and equality for the citizens and ensures respect for the public order and the preservation of the supreme interests of the state. article 11 the economic principles the national economy is based on justice and the principles of free economy. its essence is the constructive and fruitful cooperation between public and private activity. its objective is the achievement of economic and social development in order to increase production and raise the standard of living of the citizens according to the general plan of the state and within the limits of the law. freedom of economic activity is guaranteed within the limits of the law, the public interest, and in a manner that ensures the integrity of the national economy. the state encourages savings and supervises the regulation of credit. all natural wealth and resources thereof are the property of the state, which shall preserve and utilise them in the best manner taking into consideration the requirements of the security of the state and the interests of the national economy. no concession or investment of any public resource of the country shall be granted except by virtue of a law, for a limited period of time, and in a manner that preserves national interests. public property is inviolable, the state shall protect it, and citizens and residents shall preserve it. private ownership is safeguarded and no one shall be prevented from disposing of his property except within the limits of the law. no property shall be expropriated except for the public interest in cases stipulated by the law and in the manner specified therein, provided that the person dispossessed shall be fairly compensated. inheritance is a right governed by islamic sharia. general confiscation of property is prohibited. the penalty of specific confiscation shall only be imposed by virtue of a judicial decision and in such circumstances as prescribed in the law. taxes and general charges are based on justice and the development of the national economy. imposition, amendment, and abolition of public taxes, shall only be by virtue of a law and no one is exempted from paying all taxes or part thereof except in the circumstances prescribed in the law. it is not permissible to introduce a new tax, fee or any right of any type whatsoever with retrospective effect. article 12 the social principles justice, equality, and equal opportunities between omanis are pillars of the society guaranteed by the state. collaboration and compassion are intimate bonds amongst the citizens. the reinforcement of the national unity is a duty. the state shall prevent anything that might lead to division, discord or disruption of the national unity. the family is the basis of the society and the law regulates the means for protecting it, preserving its legitimate entity, strengthening its ties and values, safeguarding its members and providing suitable conditions to develop their potential and capabilities. the state guarantees aid for the citizen and his family in cases of emergency, sickness, disability, and old age according to the social security scheme. the state shall work for the solidarity of the society in bearing the burdens resulting from national disasters and catastrophes. the state is responsible for public health and the means of prevention and treatment of diseases and epidemics. the state endeavours to provide healthcare for every citizen and encourages the establishment of private hospitals, polyclinics and medical institutions to be under its supervision and in accordance with regulations determined by the law. the state also works for the conservation of the environment, its protection, and the prevention of pollution. the state enacts laws for the protection of the employee and the employer and regulates the relationship between them. every citizen has the right to engage in the work of his choice within the limits of the law. it is not permissible to impose any compulsory work on anyone except by virtue of a law, for rendering a public service, and for a fair remuneration. public employment is a national service entrusted to those who carry it out. the state employees, while carrying out their work, shall pursue the public interest and service of the society. citizens are considered equal in taking up public employment in accordance with the provisions stipulated by the law. article 13 the cultural principles education is a cornerstone for the progress of the society which the state fosters and endeavours to disseminate and make accessible to all. education aims to raise and develop the general cultural standard, promote scientific thought, kindle the spirit of research, respond to the requirements of economic and social plans, and build a generation that is physically and morally strong, which takes pride in its nation, country, and heritage and preserves its achievements. the state shall provide public education, work to combat illiteracy, and encourage the establishment of private schools and institutes under its supervision in accordance with the provisions of the law. the state shall foster and preserve the national heritage, encourage the sciences, arts, literature, scientific research and assist in their dissemination. article 14 the security principles peace is the objective of the state, and the safety of the nation is a duty incumbent on every citizen. the defence council shall undertake the consideration of the matters related to preserving the safety of the sultanate and the defence thereof. only the state establishes the armed forces, public security authorities and any other forces. all these forces belong to the nation and their mission is to protect the state, ensure the safety of its territories, and guarantee the security and tranquillity of the citizens. it is not permissible for any authority or group to establish military or paramilitary formations. the law shall regulate the military service, general or partial mobilization, and the rights, duties, and rules of discipline of the armed forces, public security authorities, and any other forces the state decides to establish. chapter three. the public rights and duties article 15 nationality is regulated by the law and it is not permissible to denaturalise or revoke it except within the limits of the law. article 16 it is not permissible to deport, exile, or prevent citizens from returning to the sultanate. article 17 all citizens are equal before the law and share the same public rights and duties. there shall be no discrimination amongst them on the ground of gender, origin, colour, language, religion, sect, domicile, or social status. article 18 personal freedom is guaranteed according to the law, and it is not permissible to arrest a person, search, detain, imprison, subject to residence detention, or restrict his freedom of residency or movement except in accordance with the provisions of the law. article 19 it is not permissible to detain or imprison in places other than those designated for such purpose under the laws of prisons, where health and social care are provided. article 20 no person shall be subjected to physical or psychological torture, inducement or demeaning treatment. the law stipulates punishment of whomever commits such acts. any statement or confession proven to have been obtained under torture, inducement, demeaning treatment, or the threat of any of these acts, shall be deemed void. article 21 there shall be no crime except by virtue of a law. there shall be no punishment, except for acts subsequent to the entry into force of the law wherein such acts are stated. punishment shall be personal. article 22 the accused is innocent until proven guilty in a legal trial in which the essential guarantees to exercise his right of defence in accordance with the law are guaranteed. it is not permissible to harm an accused either bodily or mentally. article 23 the accused has the right to appoint a person capable of undertaking his defence during the trial. the law shall define the circumstances where the presence of a lawyer on behalf of the accused is required, and shall ensure, for those who are financially unable, the means to seek judicial redress and defend their rights. article 24 any person who is arrested or detained shall immediately be informed of the reasons for his arrest or detention. he has the right to contact whomever he wants to inform him of what has taken place or to get his assistance in the manner regulated by the law, and he shall be promptly informed of the charges against him. he or his representative shall have the right to petition the court against the action restricting his personal freedom. the law shall regulate the right of petition in a manner which ensures that the disposal of the petition will be within a specified period, failing which he must be released. article 25 litigation is a protected right and it is guaranteed to all people. the law shall prescribe the procedures and conditions necessary to exercise this right, and the state shall guarantee, as far as possible, the approximation of judicial authorities to litigants and the prompt settlement of cases. article 26 it is not permissible to conduct any medical or scientific experiment on any human being without his free consent. article 27 residences are inviolable. it is not permissible to enter them without the permission of their residents, except in the cases specified by the law and in the manner stipulated therein. article 28 the freedom to practice religious rites according to recognised customs is protected, provided it does not violate the public order or contradict morals. article 29 the freedom of opinion and expression thereof through speech, writing and other means of expression is guaranteed within the limits of the law. article 30 the freedom of correspondence by post, telegraph, telephone conversations, and other means of communication is protected and its confidentiality is guaranteed. it is not permissible to monitor, search, disclose the confidentiality of, delay, or confiscate the same, except in cases specified by the law and in accordance with the procedures stated therein. article 31 the freedom of the press, printing, and publishing is guaranteed according to the terms and conditions prescribed by the law. anything that leads to discord, affects the security of state, or prejudices human dignity or rights, is prohibited. article 32 the citizens have the right to assemble within the limits of the law. article 33 the freedom of forming societies on national basis, for legitimate objectives, by peaceful means, and in a manner that does not conflict with the provisions and objectives of this basic statute, is guaranteed in accordance with the terms and conditions prescribed by the law. it is prohibited to form societies the activity of which is adverse to the order of society, secretive, or of a military nature. it is not permissible to force anyone to join any society. article 34 the citizens have the right to address public authorities on personal matters or matters in connection with public affairs, in the manner and conditions specified by the law. article 35 every foreigner who is legally present in the sultanate shall enjoy protection for himself and his property in accordance with the law. he shall observe the values of the society and respect the traditions and sentiments thereof. article 36 the extradition of political refugees is prohibited. laws and international treaties shall determine the rules for the extradition of criminals. article 37 defending the nation is a sacred duty, and coming forward to serve the armed forces is an honour for the citizens regulated by the law. article 38 preserving the national unity and safeguarding the secrets of the state is a duty incumbent upon every citizen. article 39 paying taxes and public dues is a duty according to the law. article 40 respecting the basic statute of the state, the laws and orders issued by the public authorities in their implementation thereof, observing public order, and respecting public morals is a duty incumbent upon all residents of the sultanate. chapter four. the head of state article 41 his majesty the sultan is the head of state and the supreme commander of the armed forces, his person is inviolable, respect of him is a duty, and his command is obeyed. he is the symbol of national unity and the guardian of the preservation and the protection thereof. article 42 his majesty the sultan discharges the following functions: preserving the independence of the country and its territorial integrity, protecting its internal and external security, safeguarding the rights and freedoms of the citizens, ensuring the rule of law, and directing the general policy of the state. taking prompt measures to counter any danger threatening the safety of the sultanate, its territorial integrity, or the security and the interests of its people, or hindering the institutions of the state from performing their functions. representing the state internally and towards other states in all international relations. presiding over the council of ministers or appointing a person to preside. presiding over the specialized councils or appointing a person to preside. establishing and regulating the units of the administrative apparatus of the state and the abolishment thereof. appointing deputies to the prime minister, ministers, and their equivalents and relieving them of their office. appointing undersecretaries of ministries, secretaries-general, and their equivalents and relieving them of their office. appointing senior judges and relieving them of their office. declaring state of emergency, general mobilisations, war, and concluding peace. the law specifies the rules thereof. promulgating and ratifying laws. signing international conventions and treaties according to the provisions of the law or authorising their signature and promulgating decrees ratifying the same. appointing political representatives to other states and international organisations and relieving them of their office according to the limits and conditions prescribed by the law, as well as accepting the credentials of representatives of other states and international organisations. pardoning or commuting any penalty. conferring orders of honour and military ranks. article 43 his majesty the sultan shall be assisted in formulating and implementing the general policy of the state by a council of ministers and specialised councils. article 44 the council of ministers is the authority entrusted with the implementation of the general policies of the state and in particular undertakes the following: submitting recommendations to his majesty the sultan in economic, political, social, executive, and administrative matters of concern to the government including proposing draft laws and decrees. protecting the interests of the citizens and ensuring the availability of the necessary services to them, and enhancing their economic, social, health, and cultural standards. determining the objectives and the general policies for economic, social, and administrative development and proposing the necessary means and measures for their implementation which ensure the best utilisation of the financial, economic and human resources. discussing development plans prepared by competent authorities after presenting them to majlis oman, submitting these plans to his majesty the sultan for approval, and following up their implementation. discussing proposals of ministries relevant to the implementation of their respective competencies and taking appropriate recommendations and decisions in this regard. supervising the functioning of the administrative apparatus of the state, following up the performance of its duties and coordinating among its units. supervising generally the implementation of the laws, decrees, regulations, decisions, treaties, agreements and judgements of the courts in a manner that ensures adherence thereto. discharging any other competence delegated by his majesty the sultan or vested by the provisions of the law. article 45 the prime minister shall preside over the meetings of the council of ministers and may entrust one of his deputies to conduct the meetings which he does not attend. if the prime minister and his deputies are absent his majesty the sultan shall authorise whom his majesty sees appropriate to conduct the meetings. article 46 the meetings of the council of ministers shall be made valid by the presence of the majority of its members. its deliberations shall be confidential and its decisions shall be taken by the majority of the members present. article 47 the council of ministers shall set its internal regulations, including the rules for performing the duties therein, and shall have a secretariat general provided with a sufficient number of staff to assist it in performing its duties. article 48 if his majesty the sultan appoints a prime minister, his competences and powers shall be determined in the decree appointing him. article 49 any appointed prime minister, deputy prime minister, or minister shall be: of omani nationality by origin in accordance with the law. aged not less than thirty years of the gregorian calendar. article 50 before assuming their powers, the prime minister, his deputies, and the ministers shall take the following oath before his majesty the sultan: "i swear by allah the almighty to be faithful to my sultan and my country, to honour the basic statute of the state and the applicable laws of the state, to fully protect its entity and territorial integrity, to fully safeguard its interests and those of its citizens and to perform my duties faithfully and honestly". article 51 the deputies to the prime minister and the ministers shall supervise the affairs of their units, implement the general policy of the government therein, draw the guidelines of the unit and follow up the implementation thereof. article 52 members of the council of ministers are politically collectively responsible before his majesty the sultan for the implementation of the general policy of the state. each of them is individually accountable to his majesty the sultan for the manner in which he performs his duties and exercises his authority in his respective ministry or unit. article 53 members of the council of ministers shall not combine their ministerial office with chairmanship of or membership to a board of directors of any public joint-stock company. the government units which they are in charge of or supervise shall not deal with any company or establishment in which they have a direct or indirect interest. they shall always, by their conduct, pursue the interests of the country and work in furtherance of the public benefit. they shall not exploit their official positions in any manner whatsoever whether for their own benefit or for the benefit of those with whom they have a special relation. article 54 emoluments of the deputies of the prime minister and the ministers during their term of office and after their retirement shall be determined by the orders of his majesty the sultan. article 55 the provisions of articles (49), (50), (51), (52), (53), and (54) shall apply to all those of a rank of minister. article 56 the specialised councils shall be established, their powers specified, and their members appointed by virtue of royal decrees. the said councils shall be associated with the council of ministers unless their establishing decrees state otherwise. article 57 the law shall prescribe the provisions concerning the following matters and the authorities responsible thereof: collecting taxes, fees, and other public monies and the procedures for their disbursement. maintaining and managing the property of the state, the conditions for its disposal and the limits within which part of these properties can be assigned. the general budget of the state and the final account. the autonomous and supplementary general budgets and their final accounts. the financial auditing of the state. loans extended or obtained by the state. currency, banks, standards, measures, and weights. affairs of salaries, pensions, compensation, subsidies, and rewards charged to the treasury of the state. chapter five. majlis oman article 58 majlis oman shall consist of: majlis al dawla. majlis al shura article 58bis majlis al dawla shall consist of a chairman and members whose number, inclusive of the chairman, shall not exceed the total number of members of majlis al shura, and whom shall be appointed by virtue of a royal decree. article 58bis 1 members of majlis al dawla shall be selected from the following categories: former ministers, undersecretaries of the ministries, and their equivalents. former ambassadors. former senior judges. retired senior officers. those who are known for their competence and experience in the fields of science, arts, and culture, and professors of universities, colleges, and higher institutes. dignitaries and businessmen. persons who had performed great services to the nation. whomever his majesty the sultan chooses and who does not fall under the previous categories. article 58bis 2 without prejudice to article 58 (bis1), whomever is chosen as a member of majlis al dawla shall be: an omani national. aged not less than forty years of the gregorian calendar on the date of appointment. never sentenced to a felony or crime involving moral turpitude or trust, even if he was rehabilitated. not affiliated to a security or military authority. not interdicted by a judicial judgment. not suffering from a mental illness. article 58bis 3 the term of majlis al dawla shall be four years of the gregorian calendar commencing from the date of its first meeting, provided that in all cases it shall not be less than the term of majlis al shura. article 58bis 4 majlis al dawla shall, at its first session, elect from amongst its members, and for a duration identical to its term, two deputies for the chairman. if the seat of either of them falls vacant, the majlis shall elect another member to replace him until the end of its term. in all cases, the election shall be made by direct secret vote and the absolute majority of the members of the majlis. article 58bis 5 the membership to majlis al dawla shall expire due to one of the following reasons: expiry of the term of the majlis. relief from membership. death or total disability. article 58bis 6 a member of majlis al dawla may request to be relieved from his membership to the majlis through an appeal to the chairman of the majlis. the chairman in turn shall raise this appeal to his majesty the sultan. in all cases, a member of majlis al dawla shall be relieved if he no longer fulfils any one of the conditions of membership upon which he was appointed, has lost confidence or esteem, or has violated the duties of membership. article 58bis 7 it is not permissible, except for the two categories stipulated in the fifth and eighth clauses of article (58)(bis 1), to combine both the membership to majlis al dawla and undertaking an employment in the public sector. article 58bis 8 majlis al shura shall consist of elected members representing all the wilayat of the sultanate. the number of members of majlis al shura shall be determined so that each wilayat shall be represented by one member if that wilayat has a population not exceeding thirty thousand on the commencement date of candidature, or two members if the wilayat population exceeds that limit on the same date. article 58bis 9 the election of the members of majlis al shura shall be conducted through a direct secret vote in accordance with the manner specified in the election law. article 58bis 10 a candidate of majlis al shura shall be: an omani national by origin. aged not less than thirty years of the gregorian calendar on the commencement date of candidature. with a level of education that is not less than the general education diploma. never sentenced to a felony or crime involving moral turpitude or trust, even if he was rehabilitated. enrolled in the election register. not affiliated to a security or military authority. not interdicted by a judicial judgment. not suffering from a mental illness. it is permissible for whoever completes his membership term to run again as a candidate to majlis al shura. article 58bis 11 the term of majlis al shura shall be four years of the gregorian calendar commencing from the date of its first meeting. the elections for the new majlis shall take place during the last ninety days prior to the end of the current term. if the elections are not held at the end of the term of the majlis or have been delayed for whatever reason, the majlis shall continue until a new majlis is elected. the term of the majlis shall not be extended unless there is a necessity and pursuant to a royal decree provided that the extension shall not exceed the period of one session. article 58bis 12 majlis al shura shall convene upon an invitation by his majesty the sultan in an extraordinary meeting, prior to the first session, for the purpose of electing its chairman and two deputies to the chairman for a duration identical to its term. the member oldest in age shall chair this meeting. if the seat of any of them falls vacant, the majlis shall elect a replacement until the end of its term. in all cases, the election shall be by direct secret vote and the absolute majority of the members of the majlis. article 58bis 13 if the seat of any member of majlis al shura falls vacant prior to the expiry of its term, the seat shall be occupied by one of the candidates from the same wilayat in accordance with their sequence in the election results for the majlis for that same term so that the candidate with the most votes acquired shall be put forward, and that is within a period of sixty days from the date of informing the majlis of the vacancy of the seat. the term of the new member shall be in continuation of the term of his predecessor. this seat shall not be occupied if it falls vacant within the six months preceding the date of expiry of the term of the majlis. article 58bis 14 the supervision of the elections of majlis al shura and the disposal of electoral challenges shall be undertaken by a supreme committee that enjoys independence and neutrality, and chaired by one of the deputy presidents of the supreme court. the law shall prescribe the manner of its formation, its competences, and the regulations for its functions. article 58bis 15 the membership to majlis al shura shall expire for any one of the following reasons: expiry of the term of the majlis. resignation. death or total disability. revocation of membership. dissolution of the majlis. article 58bis 16 the resignation from the membership of majlis al shura shall be submitted in writing to the chairman to present it to the majlis to decide its acceptance or rejection. the internal regulations of the majlis shall regulate the provisions relating to this matter. article 58bis 17 the membership of a member to majlis al shura shall not be revoked unless the member loses one of the conditions on which he had been elected, violates his membership duties, or loses confidence or esteem. the membership shall be revoked by a resolution from the majlis by the majority of two thirds of its members. article 58bis 18 it shall not be permissible to combine both the membership to the majlis and employment in the public sector. in case a public employee is elected to the membership of the majlis, his service shall be considered terminated from the date of the announcement of the results, and in case of a challenge to his membership he shall retain his employment without remuneration until a final decision is issued on the challenge. if the decision is made to invalidate his membership and annul the decision of his win, he shall return to his employment and his remuneration shall be paid to him from the date of his return to work. if the challenge is rejected, his service shall be terminated from the date of the announcement of the results, and he shall be granted an extraordinary pension specified by the law on the condition that he has accumulated on that date a term of service for pension that is not less than ten years of the gregorian calendar. article 58bis 19 his majesty the sultan, in circumstances his majesty determines, may dissolve majlis al shura and call for a new election within four months from the date of dissolution. article 58bis 20 the members of majlis al dawla and majlis al shura shall swear in a public meeting, each before his respective majlis, and prior to assuming his duties in the majlis, the following oath: "i swear by allah the almighty to be faithful to my sultan and my country, to honour the basic statute of the state and the applicable laws, to preserve the safety of the state, the fundamental constituents of the omani society and its inherent values, and to perform my duties in the majlis and its committees faithfully and honestly." the chairman of majlis al dawla shall swear, prior to assuming his duties in the majlis, the oath specified in the previous paragraph before his majesty the sultan. article 58bis 21 the chairman of majlis al dawla and the chairman of majlis al shura, their deputies, and every member of the two majlis shall pursue in the performance of their duties the interest of the nation in accordance with the laws in force. they shall not exploit their membership in any manner for their own interest or for the interest of those related to them or with whom they have a special relationship. the law shall determine the acts that they shall not undertake. article 58bis 22 a member of majlis al dawla or majlis al shura shall not be liable for opinions or statements he expresses before the majlis or its committees on issues that fall within the scope of the competences of the majlis. article 58bis 23 except in the case of flagrante delicto, no punitive action shall be taken against a member of majlis al dawla or majlis al shura during the annual session except with the prior permission from the majlis concerned. the permission shall be issued by the chairman of the concerned majlis when it is not in session. article 58bis 24 it is not permissible to combine memberships to both majlis al dawla and majlis al shura. article 58bis 25 majlis al dawla and majlis al shura shall each issue its respective internal regulations. these regulations shall prescribe the procedures for performing the duties of the majlis and its committees, maintenance of order, principles of discussion and voting, the method of questioning in relation to majlis al shura, and other prerogatives stipulated for the members and the penalties that may be imposed on a member in violation of the procedures for performing the duties in the majlis or failure to attend the meetings of the majlis or its committees without an acceptable excuse. article 58bis 26 majlis oman shall have an ordinary session of not less than eight months per year, to be convened upon a summoning from his majesty the sultan during the month of november every year. it is not permissible for the session to go on recess prior to the approval of the annual budget of the state. article 58bis 27 as an exception to the provisions of article (58) (bis 26) his majesty the sultan shall summon majlis oman for its first meeting following the general elections of majlis al shura within a month from the date of the declaration of the results of that election. article 58bis 28 his majesty the sultan may summon majlis oman, outside the regular session, to convene in circumstances which his majesty determines. article 58bis 29 the summoning to majlis oman to convene in ordinary or extraordinary sessions and its adjournment shall be in accordance with an appropriate legal instrument. article 58bis 30 majlis al dawla and majlis al shura shall convene their sessions at their seats in the city of muscat and his majesty the sultan may summon either to convene at any other location. article 58bis 31 the sessions of majlis al dawla and majlis al shura shall be public. closed sessions may be convened in circumstances that so require by the agreement between the council of ministers and either of the two majlis. article 58bis 32 the validity of a meeting of majlis al dawla and majlis al shura requires the presence of the majority of the members, including the chairman or one of his deputies. if the required number is not achieved, the meeting shall be postponed to the next meeting. article 58bis 33 the decisions of majlis al dawla and majlis al shura shall be adopted by the absolute majority of the present members except in circumstances that require a special majority. in the case of a tie vote, the side that includes the chairman shall prevail. article 58bis 34 if majlis al shura is dissolved, majlis al dawla sessions shall be suspended. article 58bis 35 draft laws prepared by the government shall be referred to majlis oman for approval or amendment, and then they shall be directly submitted to his majesty the sultan to be promulgated. in case of any amendments by majlis oman on the draft law, his majesty the sultan may refer it back to the majlis for reconsideration of the amendments and then resubmission to his majesty the sultan. article 58bis 36 majlis oman may propose draft laws and refer them to the government for review, and then the government shall return the same to the majlis. the procedures stipulated in article (58)(bis 35) shall be followed in approving, amending or promulgating the said draft laws. article 58bis 37 the draft laws shall be referred by the council of ministers to majlis al shura, which shall decide on the draft by approval or amendment within a maximum period of three months from the date of referral. the same shall then be referred to majlis al dawla which shall decide on it by approval or amendment within a maximum period of forty five days from the date of referral. if the two majlis disagree upon the draft law, they shall hold a joint meeting under the chairmanship of the chairman of majlis al dawla and by his invitation, to discuss the differences between the two majlis, and then vote on the draft law in the same meeting. the decisions shall be adopted by absolute majority of the members present, and in all cases the chairman of majlis al dawla shall submit the draft to his majesty the sultan along with the opinion of the two majlis. article 58bis 38 draft laws of an urgent nature shall be referred by the council of ministers to majlis al shura which shall make a decision for its approval or amendment within a maximum period of one month from the date of referral and then they shall refer the same to majlis al dawla which shall make a decision for approval or amendment within a maximum period of fifteen days from the referral date. the chairman of majlis al dawla shall submit the same to his majesty the sultan along with the opinion of the two majlis. article 58bis 39 his majesty the sultan may promulgate royal decrees that have the force of law between the sessions of majlis oman and while majlis al shura is dissolved and the sessions of majlis al dawla are suspended. article 58bis 40 draft development plans and the annual budget of the state shall be referred by the council of ministers to majlis al shura for discussion and to make recommendations thereon within a maximum period of one month from date of referral and then the same shall be referred to majlis al dawla for discussion and recommendations within a maximum period of fifteen days from the date of referral. the chairman of majlis al dawla shall return the same along with the recommendations of the two majlis to the council of ministers. the council of ministers shall inform the two majlis of the recommendations that were not adopted in this respect along with the reasons therefore. article 58bis 41 the draft economic and social agreements that the government intends to conclude or accede to shall be referred to majlis al shura for consideration and to present the findings reached on the same to the council of ministers to take what it deems appropriate. article 58bis 42 the state financial and administrative audit institution shall send a copy of its annual report to majlis al shura and majlis al dawla. article 58bis 43 upon a request signed by at least fifteen members of majlis al shura, any of the services ministers may be subject to interpellation on matters related to them exceeding their competences in violation of the law. the majlis shall discuss the same and submit its findings in this regard to his majesty the sultan. article 58bis 44 the services ministers shall provide an annual report to majlis al shura on the implementation stages of the projects related to their ministries. the majlis may invite any of them to provide a statement on some matters within the competences of his ministry, and to discuss the same with him. chapter six. the judiciary article 59 the rule of law shall be the basis of governance in the state. the dignity of the judiciary, and the integrity and impartiality of the judges are a guarantee for the rights and freedoms. article 60 the judiciary shall be independent, its authority shall be exercised by the courts in their different types and hierarchies, and their judgements shall be rendered in accordance with the law. article 61 there shall be no power over judges in their ruling except for the law. they shall be irremovable except in circumstances specified by the law. it is not permissible for any party to interfere in lawsuits or affairs of justice, and such interference shall be considered a crime punishable by law. the law shall determine the conditions to be satisfied by those who exercise judicial functions, the conditions and procedures for appointing, transferring and promoting judges, the guarantees accorded to them, the circumstances where they cannot be removed from office and all other provisions relevant to them. article 62 the law shall regulate the types and hierarchies of the courts and shall prescribe their functions and jurisdiction. the jurisdiction of the military courts shall be exclusively confined to military offences committed by members of the armed and security forces. their jurisdiction shall not be extended to others except in the case of martial law and within the limits prescribed by the law. article 63 the hearings of the courts shall be in public, except when the court decides to hold them in camera in the interest of the public order or morals. in all circumstances, the pronouncement of judgement shall be in open hearing. article 64 the public prosecution shall conduct criminal proceedings on behalf of society. it shall supervise the affairs of criminal investigation and ensure the implementation of criminal laws, prosecution of offenders, and enforcement of judgements. the law shall organise the public prosecution, regulate its jurisdiction, and specify the conditions and guarantees for those who exercise its functions. public security authorities may by virtue of a law be exceptionally entrusted with conducting criminal proceedings in cases of misdemeanours and in accordance with the conditions prescribed by the law. article 65 the law shall regulate the legal profession. article 66 the judiciary shall have a supreme council which shall supervise the proper functioning of the courts and the auxiliary bodies, and the law shall prescribe its authorities with regard to the service affairs of judges and public prosecution. article 67 the law shall regulate the settlement of administrative disputes through a panel or a special court whose regulation and the manner of exercising its functions shall be prescribed by the law. article 68 the law shall regulate the procedure for the settlement of conflict of jurisdiction between judicial bodies and cases of conflict of judgements. article 69 the law shall define the competences of the authority responsible for providing legal opinion to the ministries and other government units, drafting draft laws, regulations, and decisions, and reviewing the same. the law shall also prescribe the manner of representing the state and all public authorities and establishments before the courts. article 70 the law shall define the judicial body entrusted with the settlement of disputes pertaining to the extent of conformity of laws and regulations with the basic statute of the state and that the said laws and regulations do not contradict with its provisions. the law shall also specify the powers of such judicial body and the procedure which it shall follow. article 71 judgements shall be rendered and enforced in the name of his majesty the sultan. refusal or obstruction of the enforcement of these judgements by concerned public officials is a crime punishable by law. the judgement beneficiary has the right in this case to file a criminal action directly to the competent court. chapter seven. general provisions article 72 the application of this basic statute shall not prejudice treaties and agreements the sultanate has entered into with other countries, international institutions and organisations. article 73 no provision of this basic statute shall be suspended except during periods of martial law and within the limits prescribed by the law. article 74 the laws shall be published in the official gazette within two weeks from the day of their issuance. they shall come into force on the date of their publication, unless another date is stated therein. article 75 the provisions of the laws shall only apply to events occurring from the date of the laws coming into force. they shall have no effect on events prior to that date unless, otherwise stipulated therein. this exception shall not include penal, taxation and financial dues laws. article 76 treaties and agreements shall not have the force of law except after their ratification. in no case shall treaties and agreements have secret terms contradicting their declared ones. article 77 whatever is stipulated by applicable laws, regulations, decrees, orders and decisions in force at the time when this basic statute comes into effect, shall remain in force provided that they are not in conflict with any of its provisions. article 78 the competent authorities shall take steps for issuance of laws necessitated by this basic statute within two years from the date of its coming into force. article 79 laws and procedures which have the force of law shall conform to the provisions of the basic statute of the state. article 80 no authority in the state shall issue regulations, by-laws, decisions, or directives that contradict the provisions of the laws and decrees in force, or international treaties and agreements which are part of the law of the country. article 81 this statute shall not be amended except in the manner in which it was promulgated. preamble in exercising our inherent sovereignty, we, the people of palau proclaim and reaffirm our immemorial right to be supreme in these islands of palau, our homeland. we renew our dedication to preserve and enhance our traditional heritage, our national identity and our respect for peace, freedom and justice for all mankind. in establishing this constitution of the sovereign republic of palau, we venture into the future with full reliance on our own efforts and the divine guidance of almighty god. article i. territory section 1 palau shall have jurisdiction and sovereignty over its territory which shall consist of all of the islands of the palauan archipelago, the internal waters, the territorial waters, extending to two hundred (200) nautical miles from a straight archipelagic baseline, the seabed, subsoil, water column, insular shelves, and airspace over land and water, unless otherwise limited by international treaty obligations assumed by palau. the straight archipelagic baseline shall be drawn from the northernmost point of ngeruangel reef, thence east to the northernmost point of kayangel island and around the island to its easternmost point, south to the easternmost point of helen's reef, west from the southernmost point of helen's reef to the easternmost point of tobi island and then around the island to its westernmost point, north to the westernmost point of fana island, and north to the westernmost point of ngeruangel reef and then around the reef to the point of origin. section 2 each state shall have exclusive ownership of all living and non-living resources, except highly migratory fish, from the land to twelve (12) nautical miles seaward from the traditional baselines; provided, however, that traditional fishing rights and practices shall not be impaired. section 3 the national government shall have the power to add territory and to extend jurisdiction. section 4 nothing in this article shall be interpreted to violate the right of innocent passage and the internationally recognized freedom of the high seas. article ii. sovereignty and supremacy section 1 this constitution is the supreme law of the land. section 2 any law, act of government, or agreement to which a government of palau is a party, shall not conflict with this constitution and shall be invalid to the extent of such conflict. section 3 major governmental powers including but not limited to defense, security, or foreign affairs may be delegated by treaty, compact, or other agreement between the sovereign republic of palau and another sovereign nation or international organization, provided such treaty, compact or agreement shall be approved by not less than two-thirds (2/3) of the members of each house of the olbiil era kelulau and by a majority of the votes cast in a nationwide referendum conducted for such purpose, provided, that any such agreement which authorizes use, testing, storage or disposal of nuclear, toxic chemical, gas or biological weapons intended for use in warfare shall require approval of not less than three-fourths (3/4) of the votes cast in such referendum. article iii. citizenship section 1 a person who is a citizen of the trust territory of the pacific islands immediately prior to the effective date of this constitution and who has at least one parent of recognized palauan ancestry is a citizen of palau. section 2 a person born of parents, one or both of whom are citizens of palau is a citizen of palau by birth, and shall remain a citizen of palau so long as the person is not or does not become a citizen of any other nation. section 3 a citizen of palau who is a citizen of another nation shall, within three (3) years after his eighteenth (18) birthday, or within three (3) years after the effective date of this constitution, whichever is later, renounce his citizenship of the other nation and register his intent to remain a citizen of palau. if he fails to comply with this requirement, he shall be deprived of palauan citizenship. section 4 a person born of parents, one or both of whom are of recognized palauan ancestry, shall have the right to enter and reside in palau and to enjoy other rights and privileges as provided by law, which shall include the right to petition to become a naturalized citizen of palau; provided, that prior to becoming a naturalized citizen, a person must renounce his citizenship by naturalization except pursuant to this section. section 5 the olbiil era kelulau shall adopt uniform laws for admission and exclusion of noncitizens of palau. article iv. fundamental rights section 1 the government shall take no action to deny or impair the freedom of conscience or of philosophical or religious belief of any person nor take any action to compel, prohibit or hinder the exercise of religion. the government shall not recognize or establish a national religion, but may provide assistance to private or parochial schools on a fair and equitable basis for nonreligious purposes. section 2 the government shall take no action to deny or impair the freedom of expression or press. no bona fide reporter may be required by the government to divulge or be jailed for refusal to divulge information obtained in the course of a professional investigation. section 3 the government shall take no action to deny or impair the right of any person to peacefully assemble and petition the government for redress of grievances or to associate with others for any lawful purpose including the right to organize and to bargain collectively. section 4 every person has the right to be secure in his person, house, papers and effects against entry, search and seizure. section 5 every person shall be equal under the law and shall be entitled to equal protection. the government shall take no action to discriminate against any person on the basis of sex, race, place of origin, language, religion or belief, social status or clan affiliation except for the preferential treatment of citizens, for the protection of minors, elderly, indigent, physically or mentally handicapped, and other similar groups, and in matters concerning intestate succession and domestic relations. no person shall be treated unfairly in legislative or executive investigation. section 6 the government shall take no action to deprive any person of life, liberty, or property without due process of law nor shall private property be taken except for a recognized public use and for just compensation in money or in kind. no person shall be held criminally liable for an act which was not a legally recognized crime at the time of its commission, nor shall the penalty for an act be increased after the act was committed. no person shall be placed in double jeopardy for the same offense. no person shall be found guilty of a crime or punished by legislation. contracts to which a citizen is a party shall not be impaired by legislation. no person shall be imprisoned for debt. a warrant for search and seizure may not issue except from a justice or judge on probable cause supported by an affidavit particularly describing the place, persons, or things to be searched, arrested, or seized. section 7 a person accused of a criminal offense shall be presumed innocent until proven guilty beyond a reasonable doubt and shall enjoy the right to be informed of the nature of the accusation and to a speedy, public and impartial trial. he shall be permitted full opportunity to examine all witnesses and shall have the right of compulsory process for obtaining witnesses and evidence on his behalf at public expense. he shall not be compelled to testify against himself. at all times the accused shall have the right to counsel. if the accused is unable to afford counsel, he shall be assigned counsel by the government. accused persons lawfully detained shall be separated from convicted criminals and on the basis of sex and age. bail may not be unreasonably excessive nor denied those accused and detained before trial. the writ of habeas corpus is hereby recognized and may not be suspended. the national government may be held liable in a civil action for unlawful arrest or damage to private property as prescribed by law. coerced or forced confessions shall not be admitted into evidence nor may a person be convicted or punished solely on the basis of a confession without corroborating evidence. section 8 a victim of a criminal offense may be compensated by the government as prescribed by law or at the discretion of the court. section 9 a citizen of palau may enter and leave palau and may migrate within palau. section 10 torture, cruel, inhumane or degrading treatment or punishment, and excessive fines are prohibited. section 11 slavery or involuntary servitude is prohibited except to punish crime. the government shall protect children from exploitation. section 12 a citizen has the right to examine any government document and to observe the official deliberations of any agency of government. section 13 the government shall provide for marital and related parental rights, privileges and responsibilities on the basis of equality between men and women, mutual consent and cooperation. parents or individuals acting in the capacity of parents shall be legally responsible for the support and for the unlawful conduct of their minor children as prescribed by law. article v. traditional rights section 1 the government shall take no action to prohibit or revoke the role or function of a traditional leader as recognized by custom and tradition which is not inconsistent with this constitution, nor shall it prevent a traditional leader from being recognized, honored, or given formal or functional roles at any level of government. section 2 statutes and traditional law shall be equally authoritative. in case of conflict between a statute and a traditional law, the statute shall prevail only to the extent it is not in conflict with the underlying principles of the traditional law. article vi. responsibilities of the national government the national government shall take positive action to attain these national objectives and implement these national policies: conservation of a beautiful, healthful and resourceful natural environment; promotion of the national economy; protection of the safety and security of persons and property; promotion of the health and social welfare of the citizens through the provision of free or subsidized health care; and provision of public education for citizens which shall be free and compulsory as prescribed by law. article vii. suffrage a citizen of palau eighteen (18) years of age or older may vote in national and state elections. the olbiil era kelulau shall prescribe a minimum period of residence and provide voter registration for national elections. each state shall prescribe a minimum period of residence and provide for voter registration for state elections. a citizen who is in prison, serving a sentence for a felony, or mentally incompetent as determined by a court may not vote. article viii. executive section 1 the president shall be the chief executive of the national government. section 2 the vice president shall serve as a member of the cabinet and have such other responsibilities as may be assigned by the president. section 3 any citizen of palau who is not less than thirty-five (35) years of age and has been a resident of palau for the five (5) years immediately preceding the election shall be eligible to hold the office of president or vice president. section 4 the president and vice president shall be elected in a nationwide election for a term of four years. a person may not serve as president for more than two consecutive terms. section 5 the cabinet shall consist of the heads of the major executive departments created by law. the cabinet members shall be appointed by the president with the advice and consent of the senate and shall serve at the will of the president. no person may serve in a legislature and the cabinet at the same time. section 6 a council of chiefs composed of a traditional chief from each of the states shall advise the president on matters concerning traditional laws, customs and their relationship to this constitution and the laws of palau. no person shall be a member of the council of chiefs unless he has been appointed and accepted as a chief in a traditional manner, and is recognized as such by the traditional council of chiefs of his state. no chief shall serve in the council of chiefs while serving as a member of the olbiil era kelulau or the cabinet. section 7 the president shall have all the inherent powers and duties of a national chief executive, including, but not limited to the following: to enforce the law of the land; to conduct negotiations with foreign nations and to make treaties with the advice and consent of the olbiil era kelulau; to appoint ambassadors and other national officers with the advice and consent of the senate; to appoint judges from a list of nominees submitted to him by the judicial nominating commission; to grant pardons, commutations and reprieves subject to procedures prescribed by law and to suspend and remit fines and forfeitures, provided this power shall not extend to impeachment; to spend money pursuant to appropriations and to collect taxes; to represent the national government in all legal actions; and to propose an annual budget. section 8 the compensation of the president and vice president shall be established by law. section 9 the president or vice president may be impeached and removed from office for treason, bribery, or other serious crimes by a vote of not less than two-thirds (2/3) of the members of each house of the olbiil era kelulau. section 10 the president or vice president may be removed from office by a recall. a recall is initiated by a resolution adopted by not less than two-thirds (2/3) of the members of the state legislatures in not less than three-fourths (3/4) of the states. upon receipt by the presiding officers of the olbiil era kelulau of the required number of certified resolutions, the olbiil era kelulau shall establish a special election board to supervise a nationwide recall referendum to be held not less than thirty (30) days nor more than sixty (60) days, after receipt of the required number of certified resolutions. section 11 the vice president shall succeed to the office of president if it becomes vacant. if the vacancy occurs due to death, resignation or disability and more than one hundred and eighty (180) days remain in the term, a national election for the offices of the president and vice president for the remaining term shall be held within two months of such vacancy. in the event that the offices of both the president and the vice president become vacant, the order of succession to the presidency shall be as follows: presiding officer of the senate, presiding officer of the house of delegates, and then as provided by law. section 12 the president may introduce legislative measures in the olbiil era kelulau. section 13 the president shall make an annual report to the olbiil era kelulau on the progress of his administration. section 14 whenever war, external aggression, civil rebellion or natural catastrophe threatens the lives or property of a significant number of people in palau, the president may declare a state of emergency and temporarily assume such legislative powers as may be necessary to afford immediate and specific relief to those lives or property so threatened. at the time of the declaration of a state of emergency, the president shall call a meeting of the olbiil era kelulau to confirm or disapprove the state of emergency. the president shall not exercise emergency powers for a period of more than ten (10) days without the express and continuing consent of the olbiil era kelulau. article ix. olbiil era kelulau section 1 the legislative power of palau shall be vested in the olbiil era kelulau which shall consist of two houses, the house of delegates and the senate. section 2 senators and delegates shall be elected for a term of four (4) years. section 3 the house of delegates shall be composed of one delegate to be popularly elected from each of the states of palau. the senate shall be composed of the number of senators prescribed from time to time by the reappointment commission as provided by law. section 4 a reapportionment commission shall be constituted every eight (8) years not less than one hundred eighty (180) days before the next regular general election. not less than one hundred twenty (120) days before the regular general election, the commission shall publish a reapportionment or redistricting plan for the senate based on population, which shall become law upon publication. a member of the reapportionment commission shall not be eligible to become a candidate for election to the senate in the next regular general election under a reapportionment or redistricting plan prepared by the commission. upon the petition of any voter within sixty (60) days after the promulgation of a plan by the reapportionment commission, the supreme court shall have original jurisdiction to review the plan and to amend it to comply with the requirements of this constitution. if a reapportionment or redistricting plan for the senate is not published before the applicable 120-day period, the supreme court shall promulgate within ninety (90) days before the next regular general election, a reapportionment or redistricting plan. section 5 the olbiil era kelulau shall have the following powers: to levy and collect taxes, duties and excises, which shall be uniformly applied throughout the nation; to borrow money on the credit of the national government to finance public program or to settle public debt; to regulate commerce with foreign nations and among the several states; to regulate immigration and establish a uniform system of naturalization; to establish uniform laws on the subject of bankruptcy; to provide a monetary and banking system and to create or designate a national currency; to ratify treaties by a vote of a majority of the members of each house; to approve presidential appointment[s] by a vote of not less [than] two-thirds (2/3) of the members of the senate; to establish diplomatic immunities; to regulate banking, insurance, and issuance and use of commercial paper and securities, and patents and copyrights; to provide for a national postal system; to regulate the ownership, exploration and exploitation of natural resources; to regulate navigation, shipping, and the use of navigable waters; to regulate the use of air space; to delegate authority to the states and administrative agencies; to impeach and remove the president, vice president, and justices of the supreme court by a vote of not less than two-thirds (2/3) of the members of each house; to provide for the national defense; to create or consolidate states with the approval of the states affected; to confirm or disapprove a state of emergency declared by the president; to provide for the general welfare, peace and security; and to enact any laws which shall be necessary and proper for exercising the foregoing powers and all other inherent powers vested by this constitution in the government of palau. section 6 to be eligible to hold office in the olbiil era kelulau, a person must be: a citizen; not less than twenty-five (25) years of age; a resident of palau for not less than five (5) years immediately preceding the election; and a resident of the district in which he wishes to run for office for not less than one (1) year immediately preceding the election. section 7 a vacancy in the olbiil era kelulau shall be filled for the unexpired term by a special election to be held in accordance with law. if less than one hundred eighty (180) days remain in the unexpired term, the seat will remain vacant until the next regular general election. section 8 the compensation of the members of the olbiil era kelulau shall be determined by law. no increase in compensation shall apply to the members of the olbiil era kelulau during the term of enactment, nor may an increase in compensation be enacted in the period between the date of a regular general election and the date a new olbiil era kelulau takes office. section 9 no member of either house of the olbiil era kelulau shall be held to answer in any other place for any speech or debate in the olbiil era kelulau. the members of the olbiil era kelulau shall be privileged, in all cases except treason, felony, or breach of peace, from arrest during their attendance at the sessions of the olbiil era kelulau and in going to and from the sessions. section 10 each house of the olbiil era kelulau shall be the sole judge of the election and qualifications of its members, may discipline a member, and, by a vote of not less than two-thirds (2/3) of its members may suspend or expel a member. a member may not hold any other public office or public employment while a member of the olbiil era kelulau. section 11 each house of the olbiil era kelulau shall convene its meeting on the second tuesday in january following the regular general election and may meet regularly for four (4) years. either house may be convened at any time by the presiding officer, or at the written request of the majority of the members, or by the president. section 12 each house of the olbiil era kelulau shall promulgate its own rules and procedures not inconsistent with this constitution and the laws of palau, and may compel the attendance of absent members. a majority of the members of each house shall constitute a quorum to do business. each house, with the approval of a majority of its members, may compel the attendance and testimony of witnesses and the production of books and papers before that house or its committees. section 13 each house of the olbiil era kelulau shall elect a presiding officer by a majority of the members of that house. each house shall elect such other officers and employ such staff as it deems necessary and appropriate. section 14 the olbiil era kelulau may enact no law except by bill. each house of the olbiil era kelulau shall establish a procedure for the enactment of bills into law. no bill may become a law unless it has been adopted by a majority of the members of each house present on three (3) separate readings, each reading to be held on a separate day. no bill may become a law unless it contains the following enacting clause: the people of palau represented in the olbiil kelulau do enact as follows: section 15 a bill adopted by each house of the olbiil era kelulau shall be presented to the president and shall become law when signed by the president. if the president vetoes a bill, it shall be returned to each house of the olbiil era kelulau within fifteen (15) calendar days with a statement of reasons for the veto. the president may reduce or veto an item in an appropriation bill and sign the remainder to the bill, returning the item reduced or vetoed to each house within fifteen (15) calendar days together with the reason for his action; or refer a bill to each house with recommendations for amendment. a bill not signed, vetoed, or referred within fifteen (15) calendar days of presentation to the president shall become law. a bill or item of a bill vetoed or reduced by the president may be considered by each house within thirty (30) calendar days of its return and shall become law as originally adopted upon approval of not less than two-thirds (2/3) of the members of each house. the olbiil era kelulau, by the approval of a majority of the members present of each house, may pass a bill referred by the president in accordance with the president's recommendation for change and return it to the president for reconsideration. the president may not refer a bill for amendment a second time. section 16 the olbiil era kelulau, with the approval of not less than two-thirds (2/3) of the members of each house, may release funds appropriated by the olbiil era kelulau but impounded by the president. section 17 the people may recall a member of the olbiil era kelulau from office. a recall is initiated by a petition which shall name the member sought to be recalled, state the grounds for recall, and be signed by not less than twenty-five percent (25%) of the number of persons [that] voted in the most recent election for that member of the olbiil era kelulau. a special recall election shall be held not later than sixty (60) calendar days after the filing of the recall petition. a member of the olbiil era kelulau shall be removed from office only with the approval of a majority of the persons voting in the election, and such vacancy shall be filled by a special election to be held in accordance with law. a recall may be sought against an individual member of the olbiil era kelulau no more than once per term. no recall shall be permitted against a member who is serving the first year of his first term in the olbiil era kelulau. article x. judiciary section 1 the judicial power of palau shall be voted in a unified judiciary, consisting of a supreme court, a national court, and such inferior courts of limited jurisdiction as may be established by law. all courts except the supreme court may be divided geographically and functionally as provided by law, or judicial rules not inconsistent with law. section 2 the supreme court is a court of record consisting of an appellate division and a trial division. the supreme court shall be composed of a chief of justice and not less than three (3) nor more than six (6) associate justices, all of whom shall be members of both divisions. all appeals shall be heard by at least three justices. matters before the trial division may be heard by one justice. no justice may hear or decide an appeal of a matter heard by him in the trial division. section 3 if the chief justice is unable to perform his duties, he shall appoint an associate justice to act in his place. if the office of chief justice becomes vacant and the chief justice has failed to appoint an acting chief justice to act in his place, the president shall appoint an associate justice to act as chief justice until the vacancy is filled or the chief justice resumes his duties. section 4 the national court shall consist of a presiding judge and such other judges as may be provided by law. section 5 the judicial power shall extend to all matters in law and equity. the trial division of the supreme court shall have original and exclusive jurisdiction over all matters affecting ambassadors, other public ministers and consuls, admiralty and maritime cases, and those matters in which the national government or a state government is a party. in all other cases, the national court shall have original and concurrent jurisdiction with the trial division of the supreme court. section 6 the appellate division of the supreme court shall have jurisdiction to review all decisions of the trial division and all decisions of lower courts. section 7 the judicial nominating commission shall consist of seven (7) members, one of whom shall be the chief justice of the supreme court who shall act as chairman. the bar shall elect three (3) of its members to serve on the judicial nominating commission and the president shall appoint three (3) citizens who are not members of the bar. the judicial nominating commission shall meet upon the call of the chairman and prepare and submit to the president a list of seven (7) nominees for the positions of justice and judge. a new list shall be submitted every year. section 8 no person shall be eligible to hold judicial office in the supreme court or national court unless he has been admitted to practice law before the highest court of a state or country in which he is admitted to practice for at least five (5) years preceding his appointment. any justice of the supreme court or judge of the national court who becomes a candidate for an elective office shall, upon filing for such office, forfeit his judicial office. section 9 all justices of the supreme court and judges of the national court shall hold their offices during good behavior. they shall be eligible for retirement upon attaining the age of sixty-five (65) years. section 10 a justice of the supreme court may be impeached only for the commission of treason, bribery, other high crimes, or improper practices, or on the grounds of his inability to discharge the functions of his office upon a vote of not less than two-thirds (2/3) of the members of each house of the olbiil era kelulau. the judges of the national court and the inferior courts may be impeached by a majority vote of the members of each house of the olbiil era kelulau. during his impeachment or removal proceedings, a justice or judge may not exercise the power of his office. a justice or judge shall forfeit his office upon conviction of a felony or any high crime. section 11 the justices and judges shall receive compensation as prescribed by law. such compensation shall not be diminished during their term of office. section 12 the chief justice of the supreme court shall be the administrative head of the unified judicial system. he may assign judges from one geographical department or functional division of a court to another department or division of that court and he may assign judges for temporary service in another court. the chief justice shall appoint with the approval of the associate justices, an administrative director to supervise the administrative operation of the judicial system. section 13 the chief justice shall prepare and submit through the president to the olbiil era kelulau an annual consolidated budget for the entire unified judicial system. the national government shall bear the total cost of the system unless the olbiil era kelulau requires reimbursement of appropriate portions of such cost by the state governments. section 14 the supreme court shall promulgate rules governing the administration of the courts, legal and judicial professions, and practice and procedure in civil and criminal matters. article xi. state governments section 1 the structure and organization of state governments shall follow democratic principles, traditions of palau, and shall not be inconsistent with this constitution. the national government shall assist in the organization of state government. section 2 all governmental powers not expressly delegated by this constitution to the states nor denied to the national government are powers of the national government. the national government may delegate powers by law to the state governments. section 3 subject to laws enacted by the olbiil era kelulau, state legislatures shall have the power to impose taxes which shall be uniformly applied throughout the state. section 4 subject to the approval of the olbiil era kelulau, the state legislatures shall have the power to borrow money to finance public programs or to settle public debt. article xii. finance section 1 there shall be a national treasury and a state treasury for each of the states. all revenues derived from taxes or other sources shall be deposited in the appropriate treasury. no funds shall be withdrawn from any treasury except by law. section 2 a public auditor shall be appointed for a term of six (6) years by the president subject to confirmation by the olbiil era kelulau. the public auditor may be removed by a vote of not less than two-thirds (2/3) of the members of each house of the olbiil era kelulau. in such event, the chief justice of the supreme court shall appoint an acting public auditor to serve until a new public auditor is appointed and confirmed. the public auditor shall be free from any control or influence by any person or organization. the public auditor shall inspect and audit accounts in every branch, department, agency, or statutory authority of the national government, and in all other public legal entities or nonprofit organizations receiving public funds from the national government. the public auditor shall report the results of his inspections and audits to the olbiil era kelulau, at least once a year, and shall have such additional functions and duties as may be prescribed by law. section 3 the president shall submit an annual unified national budget to the olbiil era kelulau for consideration and approval. the olbiil era kelulau may amend or modify the annual budget as submitted by the president. except appropriation bills recommended by the president for immediate passage or to cover the operational expense of the olbiil era kelulau, no appropriation bill may be enacted by the olbiil era kelulau until a bill appropriating money for the budget has been enacted. the chief executive of each state shall submit, with the assistance of the national government, an annual budget to the state legislature for consideration and approval. the state legislature may amend or modify the annual budget as submitted by the chief executive of the state. except appropriation bills recommended by the chief executive of the state for immediate passage or to cover the operational expenses of the state legislature, no appropriation bill may be enacted by a state legislature until a bill appropriating money for the budget has been enacted. section 4 the national government and the state governments shall have the power to make investments pursuant to law. section 5 except where a particular distribution is required by the terms of the assistance, all block grants and foreign aid shall be shared by the national government and all the states in a fair and equitable manner based on needs and population. section 6 each state shall be entitled to revenues derived from the exploration and exploitation of all living and non-living resources, except highly migratory fish, and fines collected for violation of any law within the marine area extending from the land to twelve (12) nautical miles seaward form the traditional baselines. the national government shall be entitled to all revenues derived from the exploration and exploitation of all living and non-living resources, except highly migratory fish, and fines collected for violation of any law beyond the areas owned by the state. all revenues derived from licensing foreign vessels to fish for highly migratory fish within the jurisdictional waters of palau shall be divided equitably between the national government and all the state governments as determined by the olbiil era kelulau. article xiii. general provisions section 1 the palauan traditional languages shall be the national languages. palauan and english shall be the official languages. the olbiil era kelulau shall determine the appropriate use of each language. section 2 the palauan and english versions of this constitution shall be equally authoritative; in case of conflict, the english version shall prevail. section 3 citizens may enact or repeal national laws, except appropriations, by initiative. an initiative petition shall contain the text of the proposed law or the law sought to be repealed and be signed by not less than ten percent (10%) of the registered voters. an initiative petition shall take effect if approved at the next general election by a majority of the persons voting on the initiative. a law enacted by initiative or a repeal of a law by initiative may not be vetoed by the president. a law enacted or repealed by initiative may be subsequently amended, repealed or reenacted only by another initiative pursuant to the provisions of this section. section 4 no state may secede from palau. section 5 an area which was historically or geographically part of palau may be admitted as a new state upon the approval of the olbiil era kelulau and not less than three-fourths (3/4) of the states. section 6 harmful substances such as nuclear, chemical gas, or biological weapons intended for use in warfare, nuclear power plants, and waste materials therefrom, shall not be used, tested, stored or disposed of within the territorial jurisdiction of palau without the express approval of not less than three-fourths (3/4) of the votes cast in a referendum submitted on this specific question. section 7 the national government shall have the power to take property for public use upon payment of just compensation. the state government shall have the power to take private property for public use upon payment of just compensation. no property shall be taken by the national government without prior consultation with the government of the state in which the property is located. this power shall not be used for the benefit of a foreign entity. this power shall be used sparingly and only as final resort after all means of good faith negotiation with the land owner have been exhausted. section 8 only citizens of palau and corporations wholly owned by citizens of palau may acquire title to land or waters in palau. section 9 no tax shall be imposed on land. section 10 the national government shall, within five (5) years of the effective date of this constitution, provide for the return to the original owners or their heirs of any land which became part of the public lands as a result of the acquisition by previous occupying powers or their nationals through force, coercion, fraud, or without just compensation or adequate consideration. section 11 the provisional capital shall be located in koror; provided, that not later than ten (10) years after the effective date of this constitution, the olbiil era kelulau shall designate place in babeldaob to be the permanent capital. section 12 the national government shall have exclusive power to regulate importation of firearms and ammunition. no persons except armed forces personnel lawfully in palau and law enforcement officers acting in an official capacity shall have the right to possess firearms or ammunition unless authorized by legislation which is approved in a nationwide referendum by a majority of the votes cast on the issue. section 13 subject to section 12, the olbiil era kelulau shall enact laws within one hundred an eighty (180) days after the effective date of this constitution: providing for the purchase, confiscation and disposal of all firearms in palau; establishing a mandatory minimum imprisonment of fifteen (15) years for violation of any law regarding importation, possession, use or manufacture of firearms. section 14a to avoid inconsistencies found prior to this amendment by the supreme court of palau to exist between section 324 of the compact of free association and its subsidiary agreements with the united states of america and other sections of the constitution of the republic of palau, article xiii, section 6 of the constitution and the final phrase of article ii, section 3, reading "provided, that any such agreement which authorizes, testing, storage or disposal of nuclear, toxic chemical, gas or biological weapons intended for use in warfare shall require approval of not less than three-fourths (3/4) of the votes cast in such referendum," shall not apply to votes to approve the compact of free association and its subsidiary agreements (as previously agreed to and signed by the parties or as they may hereafter be amended, so long as such amendments are not themselves inconsistent with the constitution) or during the terms of such compact and agreements. however, article xiii section 6 and the final phrase of article ii section 3 of the constitution shall continue to apply and remain in full force and effect for all other purposes, and this amendment shall remain in effect only as long as such inconsistencies continue. section 14b this amendment shall enter into force and effect immediately upon its adoption. article xiv. amendments section 1 an amendment to this constitution may be proposed by a constitutional convention, popular initiative, or by the olbiil era kelulau, as provided herein: at least once every fifteen (15) years, the olbiil era kelulau may submit to the voters the question: "shall there be a convention to revise or amend the constitution?" if a majority of the votes cast upon the question is in the affirmative, a constitution convention shall be convened within six (6) months thereafter, in a manner prescribed by law; by petition signed by not less than twenty-five percent (25%) of the registered voters; or by resolution adopted by not less than three-fourths (3/4) of the members of each house of the olbiil era kelulau. section 2 a proposed amendment to this constitution shall become effective when approved in the next regular general election by a majority of the votes cast on that amendment and in not less than three-fourths (3/4) of the states. article xv. transition section 1 this constitution shall take effect on january 1, 1980, unless otherwise provided herein. section 2 the first election pursuant to the terms of this constitution shall take place on the first tuesday after the first monday in november, 1979. the officials elected shall be installed on january 1, 1980. section 3 all existing law in force and effect in palau immediately preceding the effective date of this constitution shall, subject to the provisions of this constitution, remain in force and effect until repealed, revoked, amended or until it expires by its own terms. all rights, interest, obligations, judgments, and liabilities arising under the existing law shall remain in force and effect and shall be recognized, exercised, and enforced accordingly, subject to the provisions of this constitution. section 4 on or after the effective date of this constitution, but not later than the termination of the trusteeship agreement, the national government of palau shall succeed to any right or interest acquired by the administering authority, the trust territory of the pacific islands, and the government of palau district, and may assume such obligations and liabilities incurred by the administering authority, the trust territory of the pacific islands, or the government of palau district as may be prescribed by law. section 5 nothing in section 3 or 4 of this article shall be deemed to constitute a waiver or release of the administering authority, the trust territory of the pacific islands, or any other government entity or person from any continuing or unsatisfied obligation or duty owing to the citizens of palau, or the national government or state governments of palau. the national government and state governments as well as the citizens of palau shall retain all rights, interests, and causes of action not specifically and expressly released or waived. section 6 all municipal charters existing on the effective date of this constitution shall remain in force and effect until the state governments are established pursuant to this constitution which shall take place not later than four (4) years after the effective date of this constitution. section 7 upon the effective date of this constitution, the employees of the district government of palau shall remain as employees of the national government of palau, unless otherwise provided by law or regulation. section 8 until the judicial system provided for in this constitution is organized, which shall occur not later than one (1) year after the effective date of this constitution, shall continue unless otherwise provided by law. after the organization and certification of the judicial system by the president, all new additions shall be commenced and filed therein and all pending matters shall be transferred to the proper court as though commenced and filed in those courts in the first instance, except as otherwise prescribed by law. the chief justice of the trust territory high court shall be the acting chief justice of the supreme court until the president appoints the first chief justice. section 9 individuals, corporations, or other entities qualified to do business in palau on the effective date of this constitution shall maintain their legal existence and shall be allowed to continue to do business unless otherwise provided by law. business and professional licenses in palau district on the effective date of this constitution shall continue in effect unless otherwise prescribed by law or until they expire by their own terms. section 10 any provision of this constitution or a law enacted pursuant to it which is in conflict with the trusteeship agreement between the united states of america and the united nations security council shall not become effective until the date of termination of such trusteeship agreement. section 11 any amendment to this constitution proposed for the purpose of avoiding inconsistency with the compact of free association shall require approval by a majority of the votes cast on that amendment and in not less than three-fourths (3/4) of the states. such amendment shall remain in effect only as long as the inconsistency continues. section 12 there shall be a post convention committee on transitional matters which shall consist of nine members, five of whom shall be appointed by the president of the palau constitutional convention subject to the approval of the convention, two of whom shall be appointed by the house of elected members of the palau legislature, and two of whom shall be appointed by the house of chiefs of the palau legislature. the term of office of the members shall commence not later than ten (10) days after the ratification of this constitution. the committee shall commence work within ten (10) days following ratification of this constitution and shall continue until the installation of officers elected pursuant to section 2 of this article. the duties and powers of this committee shall be as follows: to aid in the orderly transfer of governmental functions; to propose necessary transitional legislation; to obtain information necessary to orderly transition; to work in cooperation with the palau political status commission and the palau legislature on transitional matters; to take all steps reasonable and necessary to promote orderly transition; and to seek necessary funds from the palau legislature to implement this section and to carry out these tasks. section 13 the senate, for the first four-year term after ratification of this constitution, shall be composed of eighteen (18) senators to be popularly elected as follows: the first senatorial district shall be composed of kayangel and ngarchelong and shall have two (2) senators; the second senatorial district shall be ngaraard and shall have two (2) senators; the third senatorial district shall be composed of ngiwal, melekeok and ngchesar and shall have two (2) senators; the fourth senatorial district shall be airai and shall have one (1) senator; the fifth senatorial district shall be composed of ngardmau, ngaremlengui, ngatpang and aimeliik and shall have two (2) senators; the sixth senatorial district shall be koror and shall have seven (7) senators; the seventh senatorial district shall be peleliu and shall have one (1) senator; the eighteenth senatorial district shall be composed of angaur, sonsorol and tobi and shall have one (1) senator; the olbiil era kelulau shall promulgate in its first term after the effective date of this constitution an enabling act designating the duties and the rules governing the composition of the reapportionment commission. the first reapportionment commission shall be constituted within four (4) years of the first general election. preamble the andorran people, with full liberty and independence, and in the exercise of their own sovereignty, conscious of the need to conform the institutional structure of andorra to the new circumstances brought about by the evolution of the geographical, historical and sociocultural environment in which it is situated, as well as of the need to regulate the relations which the institutions dating back to the pareatges. shall have within this new legal framework, resolved of the need to be endowed with all the mechanisms leading to juridical security in the exercise of the fundamental rights of the individual, which, although always present and respected in the nature of andorran society, have not received the protection of any kind of general laws, eager to use every endeavour to promote values such as liberty, justice, democracy and social progress, and to keep and strengthen the harmonious relations of andorra with the rest of the world, and especially with the neighbouring countries, on the basis of mutual respect, co-existence and peace, willing to bring their collaboration and effort to all the common causes of mankind, and especially to those of preserving the integrity of the earth and guaranteeing an environment fit for life for the coming generations, desiring that the motto "virtus, unita, fortior", which has presided over the peaceful journey of andorra over its more than seven hundred years of history, may continue to be a completely valid principle and may always guide the conduct of andorrans, approve the present constitution, in the exercise of their sovereignty. title i. sovereignty of andorra article 1 andorra is a democratic and social independent state abiding by the rule of law. its official name is principat d'andorra.. the constitution proclaims that the action of the andorran state is inspired by the principles of respect and promotion of liberty, equality, justice, tolerance, defence of human rights and dignity of the person. sovereignty is vested in the andorran people, who exercise it through the different means of participation and by way of the institutions established in this constitution. the political system of andorra is a parliamentary coprincipality . andorra is composed of the parishes of canillo, encamp, ordino, la massana, andorra la vella, sant julia de loria and escaldes-engordany. article 2 catalan is the official language of the state. the national anthem, the state flag and the coat of arms of andorra are the traditional ones. andorra la vella is the capital of the state. article 3 the present constitution, which is the highest rule of the legal system, binds all the public institutions as well as the individuals. the constitution recognizes the principles of equality, hierarchy, publicity of the judicial rules, non-retroactivity of the rules restricting individual rights or those that are unfavourable in their effect or sanction, juridical security, accountability of public institutions and prohibition of any kind of arbitrariness. the universally recognized principles of international public law are incorporated into the legal system of andorra. the treaties and international agreements take effect in the legal system from the moment of their publication in the official gazette of the principality of andorra and cannot be amended or repealed by law. title ii. rights and freedoms chapter i. general principles article 4 the constitution recognises human dignity to be inalienable and therefore guarantees the inviolable and imprescriptible rights of the individual, which constitute the foundation of political order, social peace and justice. article 5 the universal declaration of human rights is binding in andorra. article 6 all persons are equal before the law. no one may be discriminated against on grounds of birth, race, sex, origin, religion, opinions or any other personal or social condition. public authorities shall create the conditions such that the equality and the liberty of the individuals may be real and effective. chapter ii. andorran nationality article 7 the status of andorran national, as well as its legal effects, is acquired, kept and lost in accordance with the regulations of a qualified law. the acquisition or retention of a nationality other than andorran shall entail the loss of the latter, subject to the terms and periods established by law. chapter iii. the fundamental rights of the person and public freedoms article 8 the constitution recognises the right to life and fully protects it in its different phases. all persons have the right to physical and moral integrity. no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. the death penalty is prohibited. article 9 all persons have the right to liberty and security and shall only be deprived of them on such grounds and in accordance with such procedures as are established in the constitution and the laws. executive detention shall take no longer than the time needed to carry out the enquiries in relation to the clarification of the case, and in all cases the detained shall be brought before the judge within 48 hours. the law shall establish a procedure so that the detained may request the court to decide about the lawfulness of the detention. likewise the law shall establish the procedure to restore the impaired fundamental rights of any person under detention. no one shall be held criminally or administratively liable on account of any acts or omissions which were lawful at the time when they were committed. article 10 all persons shall have the right to jurisdiction and to have a ruling founded in the law, and to a due trial before an impartial tribunal established by law. all persons shall have the right to counsel and the technical assistance of a competent lawyer, to trial within a reasonable time, to the presumption of innocence, to be informed of the charges against them, not to declare themselves guilty, not to testify against themselves and to appeal in criminal causes. in order to guarantee the principle of equality, the law shall regulate the cases when justice shall be free of cost. article 11 the constitution guarantees the freedom of ideas, religion and cult, and no one is bound to state or disclose his or her ideology, religion or beliefs. freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in the interests of public safety, order, health or morals, or for the protection of the fundamental rights and freedoms of others. the constitution guarantees the roman catholic church free and public exercise of its activities and the preservation of the relations of special co-operation with the state in accordance with the andorran tradition. the constitution recognises the full legal capacity of the bodies of the roman catholic church which have legal status in accordance with their own rules. article 12 freedoms of expression, of communication and of information are guaranteed. the law shall regulate the right of reply, the right of correction and professional secrecy. preliminary censorship or any other means of ideological control on the part of the public authorities shall be prohibited. article 13 the civil status of persons and forms of marriage shall be regulated by law. the civil effects of canon law marriage shall be recognised. the public authorities shall promote a policy of protection of the family, which is the basic foundation of society. both spouses have the same rights and duties. all children are equal before the law, regardless of their parentage. article 14 the right to privacy, honour and reputation shall be guaranteed. all shall be protected by law against unlawful interference in their family and private life. article 15 inviolability of the dwelling shall be guaranteed. no one shall enter a dwelling or any other premises against the will of the owner or without a warrant, except in case of flagrant delicto. the privacy of communication shall also be guaranteed, except upon a reasoned court order. article 16 the right to meet and assemble for any lawful purpose shall be respected. the exercise of the right of assembly requires that the authorities be notified in advance, and shall not prevent the free movement of goods and people. article 17 the right to associate for a lawful purpose shall be recognised. a law shall establish a registry of the associations which may be constituted. article 18 the right to form and maintain managerial, professional and trade-union associations shall be recognised. without prejudice to their links with international institutions, these organizations shall operate within the limits of andorra, shall have their own autonomy without any organic dependence on foreign bodies and shall function democratically. article 19 workers and employers have the right to defend their own economic and social interests. a law shall regulate the conditions to exercise this right in order to guarantee the functioning of the services essential to the community. article 20 all persons have the right to education, which shall be oriented towards the dignity and full development of the human personality, thus strengthening the respect for freedom and the fundamental rights. freedom of teaching and of establishing teaching centres shall be recognised. parents have the right to decide the type of education for their children. they also have the right to moral or religious instruction for their children in accordance with their own convictions. article 21 everyone has the right to move freely throughout the national territory and to enter and leave the country in accordance with the laws. andorran nationals and lawful resident aliens have the right freely to choose their residence in andorra. article 22 the non-renewal of the residence permit or the expulsion of a lawful resident shall only be decided pursuant to the causes and terms determined by law, after a non-appealable court decision, if the interested person exercises his or her right to jurisdiction. article 23 everyone with a direct interest has the right to petition the public authorities in the form and with the effects provided by law. chapter iv. political rights of andorran nationals article 24 all andorrans of age, in full use of their rights, enjoy the right of suffrage. article 25 all andorran nationals have the right of accession to public service and office under the same conditions and in accordance with the requirements determined by law. the exercise of institutional posts is reserved to andorrans, with the exceptions that may be provided for in this constitution or in international treaties. article 26 andorrans have the right freely to create political parties. their functioning and organization must be democratic and their activities lawful. the suspension of their activities and their dissolution is the responsibility of the judicial organs. chapter v. rights, and economic, social and cultural principles. article 27 private property and the rights of inheritance are recognised without other limits than those derived from the social function of property. no one shall be deprived of his or her goods or rights, unless upon justified consideration of the public interest, with just compensation by or pursuant to a law. article 28 the right of enterprise shall be recognised within the framework of the market economy and in accordance with the law. article 29 all persons have the right to work, to their promotion through work, and to just income which shall guarantee a living befitting human dignity for themselves and their families, as well as to the reasonable limitation of the working day, weekly rest and paid vacation. article 30 the right to health protection and to receive services to look after personal needs shall be respected. with that intent the state shall guarantee a system of social security. article 31 the state has the task of ensuring the rational use of the soil and of all the natural resources, so as to guarantee a befitting quality of life for all and, for the sake of the coming generations, to restore and maintain a reasonable ecological balance in the atmosphere, water and land, as well as to protect the autochthonous flora and fauna. article 32 the state may intervene in the ordering of the economic, commercial, labour and financial system to make possible, within the frame of a market economy system, the balanced development of the society and general welfare. article 33 the public authorities shall promote the necessary conditions to implement the right for everyone to enjoy decent housing. article 34 the state shall guarantee the conservation, promotion and diffusion of the historical, cultural and artistic heritage of andorra. article 35 the rights of consumers and users shall be guaranteed by law and protected by the public authorities. article 36 the state may create media of social communication. in accordance with the principles of participation and pluralism, a law will regulate their organization and control by the general council. chapter vi. duties of andorran nationals and of aliens article 37 all individuals and juridical persons shall contribute to the public expenditure depending on their economic capacity, by means of a just taxing system, pursuant to a law and founded upon the principles of generality and equitative distribution of tax burdens. article 38 the state may create by law types of community service to pursue tasks of general interest. chapter vii. guarantees of rights and freedoms article 39 the rights and freedoms recognised in chapters iii and iv of this title bind immediately all public authorities as directly enforceable law. their contents cannot be limited by law and are protected by the courts. aliens legally resident in andorra can freely exercise the rights and freedoms of chapter ii of this title. the rights of chapter v form the basis of the legislation and the actions of the public authorities, but they may only be invoked within the conditions determined by the laws. article 40 the exercise of the rights recognised in this title may only be regulated by law. the rights of chapters iii and iv shall be regulated by means of qualified laws. article 41 the rights and freedoms recognised in chapters 111 and iv are protected by regular courts through urgent and preferent proceedings regulated by law, which in any case shall be transacted in two instances. a law shall create an exceptional procedure of appeal before the tribunal constitucional against the acts of the public authorities which may violate the essential contents of the rights mentioned in the paragraph above, with the exception of the case provided for in article 22. article 42 a qualified law shall regulate the states of alarm and emergency. the former may be declared by the govern in case of natural catastrophes, for a term of fifteen days, notifying the general council. the latter shall also be declared by the govern for a term of thirty days in the case of interruption of the normal functioning of democratic life and this shall require the previous authorisation of the general council. any extension of these states requires the necessary approval of the general council. under the state of alarm the exercise of the rights recognised in articles 21 and 27 may be limited. under the state of emergency the rights covered by articles 9.2, 12, 15, 16, 19 and 21 may be suspended. the application of this suspension to the rights covered in articles 9.2 and 15 must apply under the control of the judiciary notwithstanding the procedure of protection established in article 9.3. title iii. the coprinces article 43 in accordance with the institutional tradition of andorra, the coprinces are, jointly and indivisibly, the cap de l'estat, and they assume its highest representation. the coprinces, an institution which dates from the pareatges and their historical evolution, are in their personal and exclusive right, the bishop of urgell and the president of the french republic. their powers are equal and derive from the present constitution. each of them swears or affirms to exercise their functions in accordance with the present constitution. article 44 the coprinces are the symbol and guarantee of the permanence and continuity of andorra as well as of its independence and the maintenance of the spirit of parity in the traditional balanced relation with the neighbouring states. they proclaim the consent of the andorran state to honour its international obligations in accordance with the constitution. the coprinces arbitrate and moderate the functioning of the public authorities and of the institutions, and are regularly informed of the affairs of the state by their own initiative, or that of the syndic general or the head of government. except for the cases provided for in this constitution, the coprinces are immune from suit. the acts of the coprinces are under the responsibility of those who countersign them. article 45 the coprinces, with the countersignature of the head of government, or when appropriate, of the syndic general, as politically responsible: call for general elections in accordance with the constitution. call for a referendum in accordance with articles 76 and 106 of the constitution. appoint the head of government following the procedure provided for in the constitution. sign the decree of dissolution of the general council following the procedure of article 71 of the constitution. accredit diplomatic representatives of andorra to foreign states. foreign envoys present credentials to each of the two. appoint the holders of office of the other institutions of the state in accordance with the constitution and the laws. sanction and enact the laws in accordance with article 63 of this constitution. express the consent of the state to honour its international treaties under the provisions of chapter iii of title iv of the constitution. perform such other functions as may specifically be conferred to them by the constitution. the dispositions provided for in letters g) and h) of this article shall be simultaneously brought to the attention of each coprince, who shall sanction and enact them or express the consent of the state, as may fit the case, and the coprinces shall ordain their publication within the period between the eighth and the fifteenth days thereafter. in that period the coprinces, individually or jointly, may send a reasoned message to the tribunal constitucional, so that this institution may render judgment on their constitutionality. if the resolution is positive the act may be sanctioned with the signature of at least one of the coprinces. when there may be circumstances impairing one of the coprinces from formalising the acts listed in part 1 of this article within the periods constitutionally provided for, his representative shall make it known to the syndic general, or when appropriate, to the head of government. in that case, the acts, norms or decisions in question shall take effect once the aforementioned days have elapsed with the signature of the other coprince and the countersignature of the head of government, or, when appropriate, the syndic general. article 46 the coprinces may perform the following acts of their free will: the combined exercise of the prerogative of grace. the creation and structuring of the services considered to be necessary for the performing of their institutional functions, the appointment of the holders of these services and their accreditation to all effects. the appointment of the members of the high court of justice, in accordance with article 89.2 of the constitution. the appointment of the members of the tribunal constitucional, in accordance with article 96.1 of the constitution. the requirement of a preliminary judgment of unconstitutionality of the laws. the requirement of a judgment about the unconstitutionality of international treaties, prior to their ratification. the lodging of conflict before the tribunal constitucional in relation to their constitutional functions, under the provisions of articles 98 and 103 of the constitution. the granting of the agreement for the adoption of the text of an international treaty, in accordance with the provisions of article 66, before its parliamentary approval. the acts derived from articles 45 and 46 are exercised by the coprinces personally, except for the faculties provided for in letters e), f), g), and h) of this article, which may be performed by delegation. article 47 the general budget of the principality shall assign an equal amount to each coprince, for the functioning of their services, which amount they may freely dispose of. article 48 each coprince appoints a personal representative in andorra. article 49 in case of vacancy of one of the coprinces the present constitution recognises the validity of the mechanisms of substitution provided for in their respective legal systems, so as not to interrupt the normal functioning of the andorran institutions. title iv. the general council article 50 the general council, which expresses the mixed and apportioned representation of the national population and of the seven parishes, represents the andorran people, exercises legislative powers, approves the budget of the state and prompts and controls the political action of the govern. chapter i. organization of the general council article 51 the councillors are elected by universal, free, equal and direct suffrage for a four-year term. their mandate shall cease four years after their election or on the day that the general council is dissolved. elections shall be held between the thirtieth and fortieth days following the dissolution of the general council. all andorran nationals fully enjoying their political rights are entitled to vote and to be eligible for election. a qualified law shall regulate the electoral system and shall envision the causes for ineligibility or incompatibility of councillors. article 52 the general council consists of a minimum of twenty-eight and a maximum of forty-two councillors generals, half of whom shall be elected in an equal number by each of the seven parishes and the other half elected on the basis of a national single constituency. article 53 the members of the general council have the same representativity, are equal in terms of rights and duties and are not subject to any form of imperative mandate. their vote is personal and may not be delegated. the councillors may not be called to account for votes cast or any utterances made in the exercise of their functions. throughout their term the councillors may not be arrested or detained, except in the cases of flagrant delicto. but for that case, their detention and prosecution shall be decided by the plenary session of the criminal law court and the trial shall be held by the tribunal superior. article 54 the general council draws up and modifies its own rules of procedure, with a majority vote of the chamber, it fixes its budget and regulates the statute of the staff at its service. article 55 the sindicatura is the ruling organ of the general council. the general council assembles in its inaugurating session fifteen days after the proclamation of the electoral results. the syndic general, the subsyndic general and, should this be the case, the other members who may statutorily be part of the sindicatura, shall be elected in that same session. the syndic general and the subsyndic general may not exercise their office for more than two consecutive full terms. article 56 the general council meets in traditional ordinary and extraordinary sessions, convened in the form prescribed in the rules of procedure. there shall be two ordinary periods of session throughout the year, as prescribed in the rules of procedure. the sessions of the consell general are public, unless otherwise decided by the absolute majority of its members. the general council functions as a plenum or in committees. the rules of procedure shall provide for the formation of legislative committees such that they represent the composition of the chamber. the general council appoints a permanent commission to safeguard the powers of the chamber while it is dissolved or in the period of recession. the permanent commission, under the presidency of the syndic general, shall be formed in a way that will represent the apportioned composition of the chamber. the councillors may form parliamentary groups. the rules of procedure shall provide for the rights and duties of the councillors and of the parliamentary groups, as well as for the statute of those councillors not attached to a group. article 57 the resolutions of the general council shall only take effect when it meets with the minimum attendance of half of the councillors. the resolutions take effect when approved by the simple majority of the councillors present, notwithstanding the special majorities prescribed in the constitution. the approval of the qualified laws prescribed by the constitution requires the final favourable vote of the absolute majority of the members of the general council, except for the qualified laws of elections and referendums, as well as for those of communal competence, and of transference to the local councils, the approval of which requires the final favourable vote of the absolute majority of councillors elected in parish constituencies and the absolute majority of councillors elected in the national constituency. chapter ii. legislative procedure article 58 the legislative initiative corresponds to the general council and to the govern. three local councils jointly or a tenth part of the electoral roll may put forward private members' bills to the general council. govern bills and private members' bills shall be examined by the plenum of the chamber and by the committees in the form prescribed by the rules of procedure. article 59 the general council may delegate the exercise of the legislative function to the govern, by means of a law. this function may not be sub-delegated. the law of delegation determines the matter delegated, the principles and directives under which the corresponding legislative decree of the govern shall be issued, as well as the term of its exercise. the authorization will provide for the parliamentary forms of control of the delegated legislation. article 60 in cases of extreme urgency and need, the govern may present the general council with an articled text for approval as a law, in a vote on the whole text, within the period of forty-eight hours. the matters reserved to a qualified law may not be subject to legislative delegation or to the procedure provided for in part 1 of this article. article 61 the initiative of the bill of the general budget corresponds exclusively to the govern, which has to submit it for parliamentary approval at least two months prior to the expiration of the previous budget. the bill of the general budget shall be given priority over other matters and it will be carried out in accordance with a specific procedure, as prescribed in the rules of procedure. if the bill of the general budget has not yet been approved on the first day of the corresponding fiscal year, the budget of the previous year shall automatically be extended until the new one may be approved. the bill of the general budget may not impose taxes. the finance committee of the general council shall make an annual revision of the execution of the budget. article 62 the councillors and the parliamentary groups have the right to amend govern and private members' bills. the govern may request the general council not to debate those amendments implying an increase of expenditure or a decrease of revenue in relation to the amounts provided for in the law of the general budget. the general council, by an absolute majority vote of the chamber, may challenge that request by means of a reasoned motion. article 63 once a bill has been passed by the general council, the syndic general will present it to the coprinces so that they may sanction it, enact it and order its publication in the official gazette of the principality of andorra. chapter iii. international treaties article 64 the international treaties shall be approved by the general council by absolute majority of the chamber in the following cases: treaties linking the state to an international organization. treaties related to internal security and to defence. treaties related to the territory of andorra. treaties affecting the fundamental rights regulated in title ii. treaties implying the creation of new burdens for the public finances. treaties creating or modifying dispositions of a legislative nature or requiring legislative measures for their implementation. treaties dealing with diplomatic representation or consular functions, about judiciary or penitentiary cooperation. the govern shall inform the general council and the coprinces of the conclusion of the other international agreements. the previous agreement of the absolute majority of the chamber shall be required for the repeal of the international treaties affecting the matters enumerated in epigraph 1. article 65 for the purpose of furthering the interests of the andorran people, of international progress and peace, legislative, judicial and executive functions may be relinquished only to international organizations and by means of a treaty which shall be passed by a majority of two-thirds of the members of the general council. article 66 the coprinces participate in the negotiation of the treaties affecting the relations with the neighbouring states when dealing with the matters enumerated in letters b) o and g) of article 64.1. the andorran delegation with the task of negotiating the treaties mentioned in the previous paragraph, shall be composed of the members appointed by the govern and by a member appointed by each coprince. the adoption of the text of treaties shall require the agreement of the members appointed by the govern and of the members appointed by the coprinces. article 67 the coprinces are informed of the other drafts of international treaties and agreements, and by request of the govern, they may be associated to the negotiation before their parliamentary approval, if the national interest of andorra so requires. chapter iv. relations of the general council with the government article 68 after each renewal of the general council, its first session, which will be held in the next eight days following the inaugurating session, shall deal with the election of the head of government. the candidates shall be put up for nomination by a fifth of the members of the general council. each councillor may only endorse one candidacy. the candidates shall present their programme and after a debate, the general council shall elect the one that obtains the absolute majority of votes, in the first public ballot after a debate. should a second ballot be needed, only the two contenders with the best results in the first ballot may maintain their candidacy. the candidate with more votes shall be proclaimed head of government. the syndic general shall present the result of the ballot to the coprinces so that the elected candidate may be appointed as the head of government, and the syndic general shall countersign the appointment. the same procedure shall be followed in the other cases of vacancy of the office of head of government. article 69 the govern as a whole is politically answerable to the general council. a fifth of the members of the councillors may sign a reasoned motion of censure in writing against the head of government. after the debate held within the third and fifth days after the presentation of the motion, there shall be a public and oral vote, in accordance with the rules of procedure. the motion shall be carried only if it receives the votes of the absolute majority of the general council. if the motion of censure is approved, the head of government shall be dismissed. immediately after, the council shall proceed as provided for in the article above. no motion of censure may be proposed within the six months following the most recent election of the head of government. the signatories of a motion of censure may not propose a further one until a year has elapsed. article 70 the head of government may lodge a motion of confidence before the general council about his programme, about a declaration of general policy or about a decision of special significance. confidence shall be considered as granted if it receives the simple majority of votes in a public, oral vote. if the head of government who does not attain this majority he or she shall tender his or her resignation. article 71 the head of government, after consulting the govern, and under his or her own responsibility, may request the coprinces to the dissolve the general council prematurely. the decree of dissolution shall call new elections in accordance with article 51.2 of the constitution. no dissolution shall be carried out after the presentation of a motion of censure or under the state of emergency. no dissolution shall be carried out before one year has elapsed after the most recent elections. title v. the government article 72 the govern consists of the head of government and the ministers, their number being determined by law. under the direction of its head, the govern conducts the national and international policy of andorra. it conducts the state administration and is vested with statutory powers. the public administration serves the general interest with objectivity and works in accordance with the principles of hierarchy, efficiency, transparency and full submission to the constitution, the laws and the general principles of the legal system defined in title i. all their acts and provisions are subject to jurisdictional control. article 73 the head of government is appointed by the coprinces, after his or her election under the terms provided for in the constitution. article 74 the head of government and the ministers are subject to the same jurisdictional status as the councillors generals. article 75 the head of government or, when appropriate, the competent minister, countersigns the acts of the coprinces provided for in article 45. article 76 the head of government, with the approval of the majority of the general council, may request the coprinces to call a referendum about political matters. article 77 the govern ceases with the dissolution of the legislature, with the resignation, death or permanent disability of the head of government, with the approval of a motion of censure or the lack of assent in a motion of confidence. in all such cases the govern shall continue its functions until the time a new govern is formed. article 78 the head of government may not hold office for more than two consecutive complete terms. membership of the govern is incompatible with membership of the general council, or with the exercise of any public office not derived from the said membership of the govern. title vi. territorial structure article 79 the local councils, as organs of representation and administration of the parishes, are public corporations with legal status and with local regulatory powers subject to law by means of ordinances, regulations and decrees. within the area of their jurisdiction subject to the constitution, the laws and tradition, the local councils function under the principle of self-government, recognised and guaranteed by the constitution. the local councils represent the interests of the parishes, approve and carry out the communal budget, fix and develop their public policies within the bounds of their territory and manage and administer all parish property, whether in the communal, public, patrimonial or private domain. their ruling organs are elected democratically. article 80 within the framework of their administrative and financial autonomy, the local councils have their powers delimited by a qualified law, at least in the following matters: population census. electoral roll. participation in the management of the electoral procedure and administration under the terms provided for by the law. popular consultations. commerce, industry and professional activities. delimitation of the communal territory. property of their own, and of the communal public domain. natural resources. cadastral register. local planning. public thoroughfares. culture, sports and social activities. communal public services. within the framework of the state's power to impose taxes, the aforementioned qualified law determines the economic and fiscal faculties of the local councils needed for the exercise of their jurisdiction. these faculties shall deal at least, with the use and exploitation of natural resources, traditional tributes, and with the taxes for communal services, administrative licences, establishment of commercial, industrial and professional activities and real estate. matters under the jurisdiction of the state may be delegated to the parishes by law. article 81 in order ensure the economic capacity of the local councils, a qualified law shall determine the transfer of funds from the general budget to the local councils, and guarantee that one part of these funds be apportioned in equal quantities to each of the parishes, and the other part to be shared proportionally on grounds of population, extension of their territory and other indicators. article 82 conflicts arising from the interpretation or exercise of jurisdiction between the general organs of the state and the local councils shall be settled by the tribunal constitucional. the acts of the local councils shall be directly enforced through the means established by law. against such acts administrative and jurisdictional appeals may be lodged with the purpose of controlling their conformity with the legal system. article 83 the local councils have legislative initiative and are entitled to lodge appeals of unconstitutionality under the terms provided for in the constitution. article 84 the laws shall take into account custom and usage in order to determine the jurisdiction of districts and neighborhoods, as well as their relationship with the local councils. title vii. justice article 85 in the name of the andorran people, justice is solely administered by independent judges, with security of tenure, and while in the performance of their judicial functions, bound only to the constitution and the laws. the whole judicial power is vested in a uniform organization of justice. its structure, functioning and the legal status of its members shall be regulated by a qualified law. no special jurisdiction shall be established. article 86 the rules of jurisdiction and procedure applying to the administration of justice are reserved to the law. in all cases, judgments shall be justified, founded in the legal system and publicly declared. criminal trials are public, notwithstanding the limitations provided for by the law. its procedure is preferently oral. the judgment which ends the first instance shall be rendered by a judicial organ different from the one in charge of the proceedings, and this judgment may always be subject to appeal. the jurisdictional defence of the general interest may be carried out by means of popular action in the cases regulated by the laws of procedure. article 87 the judicial power is held by the magistrates, the magistrates court, the criminal law court, and the high court of justice of andorra, as well as by the respective presidents of those courts, in accordance with the laws. article 88 judgments, once final, have the value of res judicata and may not be modified or quashed except in the cases provided for by the law or when, in exceptional cases, the tribunal constitucional, after the corresponding process of constitutional appeal, decides that they were rendered in violation of certain fundamental rights. article 89 the high court of justice, as the organ of representation, direction and administration of the organization of justice, watches over the independence and proper functioning of the justice. all its members shall be andorran nationals. the high court of justice consists of five members appointed among andorrans over twenty-five years of age, conversant with the administration of justice. one shall be appointed by each coprince, one by the syndic general, one by the head of government and one by magistrates and magistrates. they hold office for a six-year term and may not be elected twice consecutively. the high court of justice is presided over by the member appointed by the syndic general. the high court of justice appoints magistrates and magistrates, exercises disciplinary authority over them and promotes the conditions for the administration of justice to carry out its duties with the means available. in order to fulfil this aim it may render its opinion in relation to the drafting of bills affecting the judiciary or to report on the situation of the latter. the qualified law concerning the judiciary shall regulate the functions and jurisdiction of this high court. article 90 all judges, whatever their rank, shall be appointed for a renewable six year term, by academically qualified lawyers and with technical capacity for the performance of the judicial office. the presidents of the magistrates court, the criminal law court, and the tribunal superior de la justã­cia are appointed by the high court of justice. the length of their term of office and the conditions for their eligibility shall be determined by the qualified law mentioned in article 89.4 of the constitution. article 91 the office of judge is not compatible with any other public post or with the exercise of commercial, industrial or professional activities. remuneration of judges is in the sole responsibility of the state budget. while judges hold office they may not be reproved, displaced, suspended, or removed from their post, unless pursuant to a sanction imposed on grounds of disciplinary or criminal liability, by means of a procedure regulated by the qualified law and with the rights of hearing and defence fully guaranteed. the same law shall also regulate the cases of civil liability of judges. article 92 in accordance with the laws and notwithstanding the personal liability of those who caused them, the state shall cover the damages for the problems caused by the miscarriage of justice or the abnormal functioning of the administration of justice. article 93 the office of the attorney general has the task of watching over the defence and enforcement of the legal system, and the independence of courts, as well as the task of promoting before them the enforcement of the law, in order to safeguard the rights of the citizens and the protection of the general interest. the office of the attorney general is composed of members appointed by the high court of justice, upon the advice of the govern, for renewable six-year terms, by persons qualifying to be appointed as judge. their legal status shall be regulated by law. the office of the attorney general, presided over by the state attorney genereal, functions in accordance with the principles of legality, unity and internal hierarchy. article 94 the judges and the public prosecution are in charge of police activities related to judicial matters as provided for by the law. title viii. the tribunal constitucional article 95 the tribunal constitucional is the supreme interpreter of the constitution, functions jurisdictionally, and its decisions bind public authorities and individuals alike. the tribunal constitucional decides on its own rules of procedure and carries out its functions subject only to the constitution and the corresponding qualified law regulating it. article 96 the tribunal constitucional is composed of four constitutional magistrates, appointed among persons of known juridical or institutional experience, one by each of the coprinces and two by the general council. they may not hold office for more than two consecutive eight-year terms. the renewal of the tribunal constitucional will be partial. the system of incompatibility shall be regulated by the qualified law mentioned in the preceding article. the tribunal constitucional is presided over by the magistrate to whom the post corresponds, on the basis of a two-year rotation system. article 97 the tribunal constitucional takes its decisions by a majority vote. its votes and its debates are secret. the chairman, always chosen by drawing lots, has the deciding vote in case of a tie. the judgments which partially or wholly uphold the appeal have to determine the scope and extension of its consequences. article 98 the tribunal constitucional tries: appeals of unconstitutionality against laws, executive regulations and the rules of procedure of the general council. requests of preliminary opinion of unconstitutionality about international laws and treaties. processes of constitutional appeal. conflicts of jurisdiction between constitutional organs. to this effect the coprinces, the general council, the govern, the high court of justice and the local councils are considered as constitutional organs. article 99 appeals of unconstitutionality against laws or statutory rules may be lodged by one fifth of the general council, the head of government and three local councils. one fifth of the general council may lodge an appeal of unconstitutionality against the rules of procedure of the chamber. the appeal shall be lodged within the thirty days following the publication of the rule. the lodging of the appeal does not suspend the enforcement of the rule under appeal. the court shall pass judgment within the maximum period of two months. article 100 if, in the course of litigation, a court has reasoned and founded doubts about the constitutionality of a law or a legislative decree, the application of which is relevant to its decision, it shall request in writing the decision of the tribunal constitucional about the validity of the rule affected. the tribunal constitucional may not admit the transaction of the request without further appeal. if the request is admitted judgment shall be passed within the maximum period of two months. article 101 the coprinces, under the provisions of article 46.1.f), the head of government or a fifth of the general council, may request an opinion about the constitutionality of international treaties prior to their ratification. the proceedings with that intent shall take priority. the judgment admitting the unconstitutionality of the treaty shall prevent its ratification. in all cases the conclusion of an international treaty including stipulations contrary to the constitution shall require the previous revision of the latter. article 102 a constitutional appeal against the acts of public authorities impairing fundamental rights may be lodged by: those having been part or accessory to the previous legal proceedings referred to in article 41.2 of this constitution. those having a legal interest related to non-enforceable provisions or acts of the general council. the public prosecution in case of violation of the fundamental right to jurisdiction. article 103 conflicts between the constitutional organs shall arise when one of them alleges that another is illegitimately carrying out the tasks which are constitutionally under the jurisdiction of the first. the tribunal constitucional may provisorily stay the enforcement of the rules or acts under appeal, and when appropriate, give orders for the acts which originated the conflict to be stopped. the judgment shall determine and confer jurisdiction to one of the disputing parties. the lodging of a conflict of jurisdiction prevents the matter from coming before the administration of justice. the law shall regulate the cases in which a conflict of jurisdiction may arise on grounds of the non-exercise by constitutional organs of the jurisdiction to which they are entitled. article 104 a qualified law shall regulate the legal status of the members of the tribunal constitucional, the constitutional proceedings and the functioning of the institution. title ix. constitucional revision article 105 the right to initiate the revision of the constitution shall lie with the coprinces jointly or a third part of the members of the general council. article 106 the revision of the constitution shall require the approval of the general council by a majority of two-thirds of the members of the chamber. immediately after its approval the proposal shall be submitted to ratification in a referendum. article 107 once the procedure established in article 106 has been carried out, the coprinces shall sanction the new constitutional text for its promulgation and coming into force. first additional provision the general council and the govern have the mandate of the constitution so that, jointly with the coprinces, they may start negotiations with the governments of france and spain with the purpose of signing an international three-party treaty which shall establish the framework of relations with the neighbouring states, on the basis of respect for the sovereignty, independence and territorial integrity of andorra. second additional provision the post of diplomatic representation of a state in andorra is not compatible with the holding of any other public office. first transitional provision the same general council which has approved this constitution shall convene an extraordinary period of sessions to approve at least the rules of procedure of the general council and the qualified laws related to the electoral system, the jurisdiction and financing system of the local councils, the judiciary and the tribunal constitucional. this period of sessions shall end on the thirty-first day of december of 1993. in that period, starting on the first working day following the publication of the constitution, the general council may not be dissolved and shall carry out all the functions conferred to it by the constitution. on the eighth day of september of 1993, the feast day of our lady of meritxell, the syndic general shall call general elections, which shall be held in the first half of december of this year. the end of this period of sessions shall imply the dissolution of the general council and the dismissal of the govern, which shall function ad interim until the forming of the new one, in accordance with the constitution. second transitional provision the qualified law concerning the judiciary shall envisage, on a balanced basis, the appointment of judges and public prosecutors from the neighbouring states while it is not possible to do otherwise. this law, as well as the law concerning the tribunal constitucional shall regulate the status of nationality of judges and magistrates who are not andorran. the qualified law concerning the judiciary shall establish the transitional system for the continuity in office of those judges who, at the moment of its promulgation, are not holders of the academic qualifications provided for in the constitution. the aforementioned qualified law concerning the judiciary shall envisage the systems of conformity of the pending proceedings and causes to the judicial and procedural system provided for in this constitution, so as to guarantee the right to jurisdiction. the laws and rules valid at the moment the tribunal constitucional is established, may be subject to a direct constitutional appeal within a period of three months, following the taking up of office of the constitutional magistrates. the organs entitled to lodge such an appeal shall be the ones provided for in article 99 of the constitution. in the period of the first term following the coming into effect of the constitution, the representatives of the coprinces in the high court of justice may not of necessity be andorran nationals. third transitional provision the institutional agencies of the coprinces, the functions and jurisdiction of which have been conferred by this constitution to other state organs, shall be transferred to the mentioned organs. with that purpose, a technical commission shall be set up. it shall be composed of a representative of each coprince, two of the general council, and two of the govern and shall prepare and address a report to the general council for it to take the necessary steps in order to make the transfers effective within the period of time mentioned in the first transitional provision. the same commission shall carry out the necessary arrangements to put the police services under the exclusive control of the govern within the period of two months following the coming into effect of the constitution. derogatory provision with the coming into effect of this constitution all previous rules contrary to it are hereby revoked. final provision the constitution shall come into effect immediately upon its publication in the official gazette of the principality of andorra. and we the coprinces, after the adoption of the constitution by the consell in a solemn session on the second day of february of 1993, and after its approval by the andorran people in the referendum held on the fourteenth day of march of 1993, make it ours, ratify, sanction and enact it, and, for general cognizance, we do order its publication. casa de la vall, the twenty-eighth day of april of 1993 a form of government and religion article 1 the kingdom of norway is a free, independent, indivisible and inalienable realm. its form of government is a limited and hereditary monarchy. article 2 our values will remain our christian and humanistic heritage. this constitution shall ensure democracy, a state based on the rule of law and human rights. b. the executive power, the king, the royal family and religion article 3 the executive power is vested in the king, or in the queen if she has succeeded to the crown pursuant to the provisions of article 6 or article 7 or article 48 of this constitution. when the executive power is thus vested in the queen, she has all the rights and obligations which pursuant to this constitution and the law of the land are possessed by the king. article 4 the king shall at all times profess the evangelical-lutheran religion. article 5 the king's person is sacred; he cannot be censured or accused. the responsibility rests with his council. article 6 the order of succession is lineal, so that only a child born in lawful wedlock of the queen or king, or of one who is herself or himself entitled to the succession may succeed, and so that the nearest line shall take precedence over the more remote and the elder in the line over the younger. an unborn child shall also be included among those entitled to the succession and shall immediately take her or his proper place in the line of succession as soon as she or he is born into the world. the right of succession shall not, however, belong to any person who is not born in the direct line of descent from the last reigning queen or king or a sister or brother thereof, or is herself or himself a sister or brother thereof. when a princess or prince entitled to succeed to the crown of norway is born, her or his name and time of birth shall be notified to the first storting in session and be entered in the record of its proceedings. for those born before the year 1971, article 6 of the constitution as it was passed on 18 november 1905 shall, however, apply. for those born before the year 1990 it shall nevertheless be the case that a male shall take precedence over a female. article 7 if there is no princess or prince entitled to the succession, the king may propose his successor to the storting, which has the right to make the choice if the king's proposal is not accepted. article 8 the age of majority of the king shall be laid down by law. as soon as the king has attained the age prescribed by law, he shall make a public declaration that he is of age. article 9 as soon as the king, being of age, accedes to the government, he shall take the following oath before the storting: "i promise and swear that i will govern the kingdom of norway in accordance with its constitution and laws; so help me god, the almighty and omniscient." if the storting is not in session at the time, the oath shall be made in writing in the council of state and be repeated solemnly by the king at the first subsequent storting. article 10 (repealed) article 11 the king shall reside in the realm and may not, without the consent of the storting, remain outside the realm for more than six months at a time, otherwise he shall have forfeited, for his person, the right to the crown. the king may not accept any other crown or government without the consent of the storting, for which two thirds of the votes are required. article 12 the king himself chooses a council from among norwegian citizens who are entitled to vote. this council shall consist of a prime minister and at least seven other members. the king apportions the business among the members of the council of state, as he deems appropriate. under extraordinary circumstances, besides the ordinary members of the council of state, the king may summon other norwegian citizens, although no members of the storting, to take a seat in the council of state. husband and wife, parent and child or two siblings may never sit at the same time in the council of state. article 13 during his travels within the realm, the king may delegate the administration of the realm to the council of state. the council of state shall conduct the government in the king's name and on his behalf. it shall scrupulously observe the provisions of this constitution, as well as such particular directives in conformity therewith as the king may instruct. the matters of business shall be decided by voting, where in the event of the votes being equal, the prime minister, or in his absence the highest-ranking member of the council of state who is present, shall have two votes. the council of state shall make a report to the king on matters of business which it thus decides. article 14 the king may appoint state secretaries to assist members of the council of state with their duties outside the council of state. each state secretary shall act on behalf of the member of the council of state to whom he is attached to the extent determined by that member. article 15 any person who holds a seat in the council of state has the duty to submit his application to resign once the storting has passed a vote of no confidence against that member of the council of state or against the council of state as a whole. the king is bound to grant such an application to resign. once the storting has passed a vote of no confidence, only such business may be conducted as is required for the proper discharge of duties. article 16 all inhabitants of the realm shall have the right to free exercise of their religion. the norwegian church, an evangelical-lutheran church, shall remain the norwegian national church and will as such be supported by the state. detailed provisions as to its system shall be laid down by law. all religious and philosophical communities were to be supported on an equal footing. article 17 the king may issue and repeal ordinances relating to commerce, customs, all livelihoods and the police, although these must not conflict with the constitution or with the laws passed by the storting (as hereinafter prescribed in articles 76, 77, 78 and 79). they shall remain in force provisionally until the next storting. article 18 as a general rule the king shall provide for the collection of the taxes and duties imposed by the storting. article 19 the king shall ensure that the properties and prerogatives of the state are utilized and administered in the manner determined by the storting and in the best interests of the general public. article 20 the king shall have the right in the council of state to pardon criminals after sentence has been passed. the criminal shall have the choice of accepting the king's pardon or submitting to the penalty imposed. in proceedings which the storting causes to be brought before the court of impeachment, no pardon other than deliverance from the death penalty may be granted, unless the storting has given its consent thereto. article 21 the king shall choose and appoint, after consultation with his council of state all senior civil and military officials. before the appointment is made, such officials shall swear or, if by law exempted from taking the oath, solemnly declare obedience and allegiance to the constitution and the king, although senior officials who are not norwegian nationals may by law be exempted from this duty. the royal princes must not hold senior civil offices. article 22 the prime minister and the other members of the council of state, together with the state secretaries, may be dismissed by the king without any prior court judgment, after he has heard the opinion of the council of state on the subject. the same applies to senior officials employed in the council of state offices or in the diplomatic or consular service, the highest-ranking civil officials, commanders of regiments and other military formations, commandants of forts and commanders-in-chief warships. whether pensions should be granted to senior officials thus dismissed shall be determined by the next storting. in the interval they shall receive two thirds of their previous pay. other senior officials may only be suspended by the king, and must then without delay be charged before the courts, but they may not, except by court judgment, be dismissed nor, against their will, transferred. all senior officials may, without a prior court judgment, be discharged from office upon attaining the statutory age limit. article 23 the king may bestow orders upon whomever he pleases, as a reward for distinguished services, and such orders must be publicly announced, but no rank or title other than that attached to any office. the order exempts no one from the common duties and burdens of citizens, nor does it carry with it any preferential admission to senior official posts in the state. senior officials honourably discharged from office retain the title and rank of their office. this does not apply, however, to members of the council of state or the state secretaries. no personal, or mixed, hereditary privileges may henceforth be granted to anyone. article 24 the king chooses and dismisses, at his own discretion, his royal household and court officials. article 25 the king is commander-in-chief of the land and naval forces of the realm. these forces may not be increased or reduced without the consent of the storting. they may not be transferred to the service of foreign powers, nor may the military forces of any foreign power, except auxiliary forces assisting against hostile attack, be brought into the realm without the consent of the storting. the territorial army and the other troops which cannot be classed as troops of the line must never, without the consent of the storting, be employed outside the borders of the realm. article 26 the king has the right to call up troops, to engage in hostilities in defence of the realm and to make peace, to conclude and denounce conventions, to send and to receive diplomatic envoys. treaties on matters of special importance, and, in all cases, treaties whose implementation, according to the constitution, necessitates a new law or a decision by the storting, are not binding until the storting has given its consent thereto. article 27 all members of the council of state shall, unless lawfully absent, attend the council of state and no decision may be adopted there unless more than half the number of members are present. article 28 proposals regarding appointments to senior official posts and other matters of importance shall be presented in the council of state by the member under whose department they come, and such matters shall be dealt with by him in accordance with the decision adopted in the council of state. however, matters strictly relating to military command may, to the extent determined by the king, be excepted from proceedings in the article 29 if a member of the council of state is lawfully prevented from attending the meeting and from presenting the matters coming under his department, these may be presented by another member temporarily appointed by the king for the purpose. if so many members are lawfully prevented from attending that not more than half of the stipulated number are present, the requisite number of other men or women shall be temporarily appointed to take a seat in the council of state. article 30 all the proceedings of the council of state shall be entered in its records. diplomatic matters which the council of state decides to keep secret shall be entered in a special record. the same applies to military command matters which the council of state decides to keep secret. everyone who has a seat in the council of state has the duty frankly to express his opinion, to which the king is bound to listen. but it rests with the king to make a decision according to his own judgment. if any member of the council of state is of the opinion that the king's decision conflicts with the form of government or the laws of the realm, it is his duty to make strong remonstrances against it, as well as to enter his opinion in the records. a member who has not thus protested is deemed to have been in agreement with the king, and shall be answerable in such manner as may be subsequently decided, and may be impeached by the storting before the court of impeachment. article 31 all decisions drawn up by the king shall, in order to become valid, be countersigned. the decisions relating to military command are countersigned by the person who has presented the matter, while other decisions are countersigned by the prime minister or, if he has not been present, by the highest-ranking member of the council of state present. article 32 the decisions adopted by the government during the king's absence shall be drawn up in the king's name and be signed by the council of state. article 33 norges bank is the central bank of norway. article 34 the king shall make provisions concerning titles for those who are entitled to succeed to the crown. article 35 as soon as the heir to the throne has completed her or his eighteenth year, she or he is entitled to take a seat in the council of state, although without a vote or responsibility. article 36 a princess or prince entitled to succeed to the crown of norway may not marry without the consent of the king. nor may she or he accept any other crown or government without the consent of the king and the storting; for the consent of the storting two thirds of the votes are required. if she or he acts contrary to this rule, they and their descendants forfeit their right to the throne of norway. article 37 the royal princes and princesses shall not personally be answerable to anyone other than the king, or whomever he decrees to sit in judgment on them. article 38 (repealed) article 39 if the king dies and the heir to the throne is still under age, the council of state shall immediately summon the storting. article 40 until the storting has assembled and made provisions for the government during the minority of the king, the council of state shall be responsible for the administration of the realm in accordance with the constitution. article 41 if the king is absent from the realm unless commanding in the field, or if he is so ill that he cannot attend to the government, the person next entitled to succeed to the throne shall, provided that he has attained the age stipulated for the king's majority, conduct the government as the temporary executor of the royal powers. if this is not the case, the council of state will conduct the administration of the realm. article 42 (repealed) article 43 the choice of trustees to conduct the government on behalf of the king during his minority shall be undertaken by the storting. article 44 the princess or prince who, in the cases mentioned in article 41, conducts the government shall make the following oath in writing before the storting: "i promise and swear that i will conduct the government in accordance with the constitution and the laws, so help me god, the almighty and omniscient". if the storting is not in session at the time, the oath shall be made in the council of state and later be presented to the next storting. the princess or prince who has once made the oath shall not repeat it later. article 45 as soon as their conduct of the government ceases, the trustees shall submit to the king and the storting an account of the same. article 46 if the persons concerned fail to summon the storting immediately in accordance with article 39, it becomes the unconditional duty of the supreme court, as soon as four weeks have elapsed, to arrange for the storting to be summoned. article 47 the supervision of the education of the king during his minority should, if both his parents are dead and neither of them has left any written directions thereon, be determined by the storting. article 48 if the royal line has died out, and no successor to the throne has been designated, then a new queen or king shall be chosen by the storting. meanwhile, the executive power shall be exercised in accordance with article 40. c. rights of citizens and the legislative power article 49 the people exercise the legislative power through the storting. representatives to the storting are elected through free elections and secret ballot. article 50 those entitled to vote are norwegian citizens, men and women, who, at the latest in the year when the election is held, have completed their 18th year. the extent, however, to which norwegian citizens, who on election day are resident outside the realm but who satisfy the aforementioned conditions, are entitled to vote shall be determined by law. rules may be laid down by law concerning the right to vote of persons, otherwise entitled to vote, who on election day are manifestly suffering from a seriously weakened mental state or a reduced level of consciousness. article 51 the rules on the keeping of the poll list and on the registration in the poll list of persons entitled to vote shall be determined by law. article 52 (repealed) article 53 the right to vote is lost by persons: sentenced for criminal offences, in accordance with the relevant provisions laid down by law; entering the service of a foreign power without the consent of the government. article 54 the polls shall be held every fourth year. they shall be concluded by the end of september. article 55 the polls shall be conducted in the manner prescribed by law. disputes regarding the right to vote shall be settled by the poll officials, whose decision may be appealed to the storting. article 56 (repealed) article 57 the number of representatives to be elected to the storting shall be one hundred and sixty -nine. the realm is divided into nineteen constituencies. one hundred and fifty of the representatives to the storting are elected as representatives of constituencies and the remaining nineteen representatives are elected as members at large. each constituency shall have one seat at large. the number of representatives to the storting to be chosen from each constituency is determined on the basis of a calculation of the ratio between the number of inhabitants and surface area of each constituency and the number of inhabitants and surface area of the entire realm, in which each inhabitant counts as one point and each square kilometre counts as 1.8 points. this calculation shall be made every eighth year. specific provisions on the division of the realm into constituencies and on the allotment of seats in the storting to the constituencies shall be determined by law. article 58 the polls shall be held separately for each municipality. at the polls votes shall be cast directly for representatives to the storting, together with their proxies, to represent the entire constituency. article 59 the election of representatives of constituencies is based on proportional representation and the seats are distributed among the political parties in accordance with the following rules. the total number of votes cast for each party within each separate constituency is divided by 1.4, 3, 5, 7 and so on until the number of votes cast is divided as many times as the number of seats that the party in question may be expected to obtain. the party which in accordance with the foregoing obtains the largest quotient is allotted the first seat, while the second seat is allotted to the party with the second largest quotient, and so on until all the seats are distributed. list alliances are not permitted. the seats at large are distributed among the parties taking part in such distribution on the basis of the relation between the total number of votes cast for the individual parties in the entire realm in order to achieve the highest possible degree of proportionality among the parties. the total number of seats in the storting to be held by each party is determined by applying the rules concerning the distribution of constituency seats correspondingly to the entire realm and to the parties taking part in the distribution of the seats at large. the parties are then allotted so many seats at large that these, together with the constituency seats already allotted, correspond to the number of seats in the storting to which the party in question is entitled in accordance with the foregoing. if a party has already through the distribution of constituency seats obtained a greater number of seats than it is entitled to in accordance with the foregoing, a new distribution of the seats at large shall be carried out exclusively among the other parties, in such a way that no account is taken of the number of votes cast for and constituency seats obtained by the said party. no party may be allotted a seat at large unless it has received at least four per cent of the total number of votes cast in the entire realm. specific provisions concerning the distribution among the constituencies of the seats at large allotted to the parties shall be determined by law. article 60 whether and in what manner those entitled to vote may deliver their ballot papers, without personal attendance at the polls, shall be determined by law. article 61 no one may be elected as a representative unless he or she is entitled to vote. article 62 officials who are employed in government ministries, except however state secretaries and political advisers, may not be elected as representatives. the same applies to members of the supreme court and officials employed in the diplomatic or consular services. members of the council of state may not attend meetings of the storting as representatives while holding a seat in the council of state. nor may state secretaries attend as representatives while holding their appointments, and political advisers in government ministries may not attend meetings of the storting as long as they hold their positions. article 63 it is the duty of anyone who is elected as a representative to accept such election, unless: he is elected outside the constituency in which he is entitled to vote. he has as a representative attended all the sessions of the storting following the previous election. he is a member of a political party and he is elected on a list of candidates which has not been issued by that party. rules for the time within which and the manner in which anyone who has the right to refuse election shall assert this right shall be prescribed by law. it shall similarly be prescribed by law by what date and in which manner anyone who is elected as representative for two or more constituencies shall state which election he will accept. article 64 the representatives elected shall be furnished with credentials, the validity of which shall be adjudged by the storting. article 65 every representative and proxy called to the storting shall be entitled to receive from the treasury such reimbursement as is prescribed by law for travelling expenses to and from the storting, and from the storting to his home and back again during vacations lasting at least fourteen days. he shall further be entitled to remuneration, likewise prescribed by law, for attending the storting. article 66 representatives on their way to and from the storting, as well as during their attendance there, shall be exempt from personal arrest, unless they are apprehended in public crimes, nor may they be called to account outside the meetings of the storting for opinions expressed there. every representative shall be bound to conform to the rules of procedure therein adopted. article 67 the representatives elected in the aforesaid manner shall constitute the storting of the kingdom of norway. article 68 the storting shall as a rule assemble on the first weekday in october every year in the capital of the realm, unless the king, by reason of extraordinary circumstances, such as hostile invasion or infectious disease, designates another town in the realm for the purpose. such a decision must be publicly announced in good time. article 69 when the storting is not assembled, it may be summoned by the king if he finds it necessary. article 70 (repealed) article 71 the members of the storting function as such for four successive years. article 72 (repealed) article 73 the storting nominates a president, five vice-presidents and two secretaries. the storting may not hold a meeting unless at least half of its members are present. however, bills concerning amendments to the constitution may not be dealt with unless at least two thirds of the members of the storting are present. article 74 as soon as the storting is constituted, the king, or whoever he appoints for the purpose, shall open its proceedings with a speech, in which he shall inform it of the state of the realm and of the issues to which he particularly desires to call the attention of the storting. no deliberations may take place in the presence of the king. when the proceedings of the storting have been opened, the prime minister and the members of the council of state have the right to attend the storting and, like its members, although without voting, to take part in any proceedings conducted in open session, while in matters discussed in closed session only insofar as permitted by the storting. article 75 it devolves upon the storting: to enact and repeal laws; to impose taxes, dues, customs and other public charges, which shall not, however, remain operative beyond 31 december of the succeeding year, unless they are expressly renewed by a new storting; to raise loans in the name of the realm; to supervise the monetary affairs of the realm; to appropriate the moneys necessary to meet government expenditure; to decide how much shall be paid annually to the king for the royal household, and to determine the royal family's appanage which may not, however, consist of real property; to have submitted to it the records of the council of state, and all public reports and documents; to have communicated to it the conventions and treaties which the king, on behalf of the state, has concluded with foreign powers; to have the right to require anyone, the king and the royal family excepted, to appear before it on matters of state; the exception does not, however, apply to the royal princes if they hold any public office; to review the provisional lists of salaries and pensions and to make therein such alterations as it seems necessary; (repealed) to appoint five auditors, who shall annually examine the state accounts and publish extracts of the same in print, for which purpose the accounts shall be submitted to the auditors within six months of the end of the year for which the appropriations of the storting have been made, and to adopt provisions concerning the procedure for authorizing the accounts of government accounting officials; to appoint a person, not a member of the storting, in a manner prescribed by law, to supervise the public administration and all who work in its service, to assure that no injustice is done against the individual citizen; to naturalize aliens. article 76 every bill shall first be proposed in the storting, either by one of its own members, or by the government through a member of the council of state. once the bill is passed there, a new deliberation is to take place in the storting, which either approves or rejects it. in the latter case the bill, with the comments appended by the storting, shall again be taken into consideration by the storting, which either shelves the bill or approves it with the said comments. between each such deliberation there shall be an interval of at least three days. article 77 when a bill has been approved by the storting in two consecutive meetings, it is sent to the king with a request that it may receive the royal assent. article 78 if the king assents to the bill, he appends his signature, whereby it becomes law. if he does not assent to it, he returns it to the storting with a statement that he does not for the time being find it expedient to give his assent. in that case the bill must not again be submitted to the king by the storting then assembled. article 79 if a bill has been passed unaltered by two sessions of the storting, constituted after two separate successive elections and separated from each other by at least two intervening sessions of the storting, without a divergent bill having been passed by any storting in the period between the first and last adoption, and it is then submitted to the king with a petition that his majesty shall not refuse his assent to a bill which, after the most mature deliberation, the storting considers to be beneficial, it shall become law even if the royal assent is not accorded before the storting goes into recess. article 80 the storting shall remain in session as long as it deems it necessary and shall terminate its proceedings when it has concluded its business. in accordance with the rules of procedure adopted by the storting, the proceedings may be resumed, but they shall terminate not later than the last sunday in the month of september. within this time the king shall communicate his decision with regard to the bills that have not already been decided (cf. articles 77 to 79), by either confirming or rejecting them. all those which he does not expressly accept are deemed to have been rejected by him. article 81 all acts (with the exception of those mentioned in article 79) are drawn up in the name of the king, under the seal of the realm of norway, and in the following terms; "we, x, make it publicly known: that the decision of the storting of the date stated has been laid before us: (here follows the decision). in consequence whereof we have assented to and confirmed, as we hereby do assent to and confirm the same as law under our hand and the seal of the realm." article 82 the government is to provide the storting with all information that is necessary for the proceedings on the matters it submits. no member of the council of state may submit incorrect or misleading information to the storting or its bodies. article 83 the storting may obtain the opinion of the supreme court on points of law. article 84 the storting shall meet in open session, and its proceedings shall be published in print, except in those cases where a majority decides to the contrary. article 85 any person who obeys an order, the purpose of which is to disturb the liberty and security of the storting, is thereby guilty of treason against the country. d. the judicial power article 86 the court of impeachment pronounces judgment in the first and last instance in such proceedings as are brought by the storting against members of the council of state or of the supreme court or of the storting for criminal or other unlawful conduct in cases where they have breached their constitutional obligations. the specific rules concerning indictment by the storting in accordance with this article shall be determined by law. however, the limitation period for the institution of indictment proceedings before the court of impeachment may not be set at less than 15 years. the judges of the court of impeachment comprise six members elected by the storting and the five longest-serving, permanently appointed members of the supreme court, including the president of the supreme court. the storting elects the members and their deputies for a period of six years. a member of the council of state or of the storting may not be elected as a member of the court of impeachment. in the court of impeachment the president of the supreme court shall preside. any person sitting in the court of impeachment who has been elected by the storting shall not lose his seat in the court if the period for which he is elected expires before the court of impeachment has concluded the proceedings in the case. nor shall a justice of the supreme court who is a member of the court of impeachment lose his seat in the court, even if he resigns as a member of the supreme court. article 87 specific provisions as to the composition of the court of impeachment and its procedures shall be laid down by law. article 88 the supreme court pronounces judgment in the final instance. nevertheless, limitations on the right to bring a case before the supreme court may be prescribed by law. the supreme court shall consist of a president and at least four other members. article 89 in matters before the courts, the courts have the right and duty to review whether laws and other decisions made by the state authorities are contrary to the constitution. article 90 the judgments of the supreme court may in no case be appealed. article 91 no one may be appointed a member of the supreme court before reaching 30 years of age. e. human rights article 92 the authorities of the state shall respect and secure the human rights as they are written in this constitution and in the treaties of human rights that are binding for norway. article 93 every human has the right to life. no one can be sentenced to death. no one must be subjected to torture or other inhuman or degrading treatment or punishment. no one shall be held in slavery or forced labour. the authorities of the state shall protect the right to life and oppose torture, slavery, forced labour and other forms of inhuman or degrading treatment. article 94 no one must be imprisoned or otherwise be deprived of their liberty except in cases determined by law and in the manner the law prescribes. the deprivation of liberty must be necessary and cannot constitute an unreasonable encroachment. the person in custody shall as soon as possible be presented to a court of law. others who have been deprived of their liberty, can have their deprivation tried before the courts without ungrounded delay. those who have unjustly arrested someone or kept someone illegally imprisoned are accountable to that person. article 95 everyone has the right to have their case decided by an independent and impartial court within a reasonable time. the trial shall be fair and public. the court may still close the courtroom if the interests of the partiesâ�� privacy or other substantial public interests make it necessary. the authorities of the state shall secure the independence and impartiality of the courts and the judges. article 96 no one may be convicted except according to law, or be punished except after a court judgment. everyone has the right to be presumed innocent until proven guilty according to law. no one can be sentenced to forfeit immovable property or all of their assets, unless these values have been used for or are the result of an unlawful act. article 97 no law must be given retroactive effect. article 98 all are equals before the law. no person must be subject to unfair or unreasonable discrimination. article 99 (repealed) article 100 there shall be freedom of expression. no person may be held liable in law for having imparted or received information, ideas or messages unless this can be justified in relation to the grounds for freedom of expression, which are the seeking of truth, the promotion of democracy and the individual's freedom to form opinions. such legal liability shall be prescribed by law. everyone shall be free to speak his mind frankly on the administration of the state and on any other subject whatsoever. clearly defined limitations to this right may only be imposed when particularly weighty considerations so justify in relation to the grounds for freedom of expression. prior censorship and other preventive measures may not be applied unless so required in order to protect children and young persons from the harmful influence of moving pictures. censorship of letters may only be imposed in institutions. everyone has a right of access to documents of the state and municipal administration and a right to follow the proceedings of the courts and democratically elected bodies. limitations to this right may be prescribed by law to protect the privacy of the individual or for other weighty reasons. it is the responsibility of the authorities of the state to create conditions that facilitate open and enlightened public discourse. article 101 everyone has the right to form, join and withdraw from organizations, herein labour organizations and political parties. everyone can meet in peaceful assembly and demonstrations. the government is not entitled to employ military force against citizens of the state, except in accordance with law, unless any assembly disturbs the public peace and does not immediately disperse after the provisions regarding riot, loudly and clearly, have been read out to the assembly three times by the civil authority. article 102 everyone has the right to respect for his private and family life, his home and his correspondence. search of private homes shall not be made except in criminal cases. the authorities of the state shall secure the protection of personal integrity. article 103 (repealed) article 104 children have the right to be respected for their human value. they have the right to be heard in questions regarding themselves, and their opinion shall be given due weight in accordance with their age and maturity. in actions and decisions regarding a child, the best interests of the child shall be a fundamental concern. children have the right to protection of their personal integrity. the authorities of the state shall create conditions enabling the childâ��s development, hereunder secure the necessary economic and social safety, as well as the necessary standard of health, for the child; preferably within its own family. article 105 if the welfare of the state requires that any person shall surrender his movable or immovable property for the public use, he shall receive full compensation from the treasury. article 106 everyone who has legal residency in the realm may freely move within its borders and choose their place of residence there. no one can be denied leaving the realm unless it is necessary with regards to effective prosecution or compulsory military service. norwegian citizens may not be denied access to the realm. article 107 (repealed) article 108 it is the responsibility of the authorities of the state to create conditions enabling the sami people to preserve and develop its language, culture and way of life. article 109 everyone has the right to education. children have the right to receive basic education. the education shall preserve the individual's abilities and needs, and further their respect for democracy, rule of law and human rights. the authorities of the state shall secure the access to secondary education, and equal opportunities to higher education on the basis of qualifications. article 110 the authorities of the state shall create conditions enabling every person capable of work to earn a living by working or doing business. whoever is unable to provide for themselves has the right to support from the state. specific provisions concerning the right of employees to co-determination at their work place shall be laid down by law. article 111 (repealed) article 112 every person has a right to an environment that is conducive to health and to natural surroundings whose productivity and diversity are preserved. natural resources should be made use of on the basis of comprehensive long-term considerations whereby this right will be safeguarded for future generations as well. in order to safeguard their right in accordance with the foregoing paragraph, citizens are entitled to be informed of the state of the natural environment and of the effects of any encroachments on nature that are planned or commenced. the state authorities shall issue further provisions for the implementation of these principles. article 113 the authorities of state require a provision in law to encroach on the individual. f. general provisions article 114 to senior official posts in the state may be appointed only norwegian citizens, men or women, who speak the language of the country, and who at the same time: either were born in the realm of parents who were then subjects of the state; or were born in a foreign country of norwegian parents who were not at that time subjects of another state; or hereafter have resided for ten years in the realm; or have been naturalized by the storting. others may, however, be appointed as teachers at the university and institutions of higher learning, as medical practitioners and as consuls in places abroad. article 115 in order to safeguard international peace and security or to promote the international rule of law and cooperation between nations, the storting may, by a three-fourths majority, consent that an international organization to which norway adheres or will adhere shall have the right, within objectively defined fields, to exercise powers which in accordance with this constitution are normally vested in the norwegian authorities, although not the power to alter this constitution. for the storting to grant such consent, at least two thirds of the members of the storting shall be present, as required for proceedings for amending the constitution. the provisions of this article do not apply in cases of membership in an international organization, whose decisions only have application for norway purely under international law. article 116 the purchase money, as well as the revenues of the landed property constituting ecclesiastical benefices, should be applied solely to the benefit of the clergy and to the promotion of education. the property of charitable institutions should be applied solely to the benefit of the institutions themselves. article 117 allodial right and the right of primogeniture shall not be abolished. the specific conditions under which these rights shall continue for the greatest benefit of the state and to the best advantage of the rural population shall be determined by the first or second subsequent storting. article 118 no earldoms, baronies, entailed estates or fideicommissa may be created in the future. article 119 as a general rule every citizen of the state is equally bound to serve in the defence of the country for a specific period, irrespective of birth or fortune. the application of this principle, and the restrictions to which it shall be subject, shall be determined by law. article 120 the form and colours of the norwegian flag shall be determined by law. article 121 if experience shows that any part of this constitution of the kingdom of norway ought to be amended, the proposal to this effect shall be submitted to the first, second or third storting after a new general election and be publicly announced in print. but it shall be left to the first, second or third storting after the following general election to decide whether or not the proposed amendment shall be adopted. such amendment must never, however, contradict the principles embodied in this constitution, but solely relate to modifications of particular provisions which do not alter the spirit of the constitution, and such amendment requires that two thirds of the storting agree thereto. an amendment to the constitution adopted in the manner aforesaid shall be signed by the president and the secretary of the storting, and shall be sent to the king for public announcement in print, as an applicable provision of the constitution of the kingdom of norway. preamble we the people of korea, proud of a resplendent history and traditions dating from time immemorial, upholding the cause of the provisional republic of korea government born of the march first independence movement of 1919 and the democratic ideals of the april nineteenth uprising of 1960 against injustice, having assumed the mission of democratic reform and peaceful unification of our homeland and having determined to consolidate national unity with justice, humanitarianism and brotherly love, and to destroy all social vices and injustice, and to afford equal opportunities to every person and provide for the fullest development of individual capabilities in all fields, including political, economic, civic and cultural life by further strengthening the free democratic basic order conducive to private initiative and public harmony, and to help each person discharge those duties and responsibilities concomitant to freedoms and rights, and to elevate the quality of life for all citizens and contribute to lasting world peace and the common prosperity of mankind and thereby to ensure security, liberty and happiness for ourselves and our posterity forever, do hereby amend, through national referendum following a resolution by the national assembly, the constitution, ordained and established on the twelfth day of july anno domini nineteen hundred and forty-eight, and amended eight times subsequently. the day of october anno domini nineteen hundred and eighty-seven. chapter i. general provisions article 1 the republic of korea shall be a democratic republic. the sovereignty of the republic of korea shall reside in the people, and all state authority shall emanate from the people. article 2 nationality in the republic of korea shall be prescribed by law. it shall be the duty of the state to protect citizens residing abroad as prescribed by law. article 3 the territory of the republic of korea shall consist of the korean peninsula and its adjacent islands. article 4 the republic of korea shall seek unification and shall formulate and carry out a policy of peaceful unification based on the free democratic basic order. article 5 the republic of korea shall endeavor to maintain international peace and shall renounce all aggressive wars. the armed forces shall be charged with the sacred mission of national security and the defense of the land and their political neutrality shall be maintained. article 6 treaties duly concluded and promulgated in accordance with the constitution and the generally recognized rules of international law shall have the same effect as the domestic laws of the republic of korea. the status of aliens shall be guaranteed as prescribed by international law and treaties. article 7 all public officials shall be servants of the entire people and shall be responsible to the people. the status and political impartiality of public officials shall be guaranteed as prescribed by law. article 8 the establishment of political parties shall be free, and the plural party system shall be guaranteed. political parties shall be democratic in their objectives, organization and activities, and shall have the necessary organizational arrangements for the people to participate in the formation of the political will. political parties shall enjoy the protection of the state and may be provided with operational funds by the state as prescribed by law. if the purposes or activities of a political party are contrary to the democratic basic order, the government may bring action against it in the constitution court for its dissolution, and, the political party shall be dissolved in accordance with the decision of the constitution court. article 9 the state shall strive to sustain and develop the cultural heritage and to enhance national culture. chapter ii. rights and duties of citizens article 10 all citizens shall be assured of human worth and dignity and have the right to pursue happiness. it shall be the duty of the state to confirm and guarantee the fundamental and inviolable human rights of individuals. article 11 all citizens shall be equal before the law, and there shall be no discrimination in political, economic, societal or cultural life on account of sex, religion or social status. no privileged caste shall be recognized or ever established in any form. the awarding of decorations or distinctions of honor in any form shall be effective only for recipients, and no privileges shall ensue therefrom. article 12 all citizens shall enjoy personal liberty. no person shall be arrested, detained, searched, seized or interrogated except as provided by law. no person shall be punished, placed under preventive restrictions or subject to involuntary labor except as provided by law and through lawful procedures. no citizen shall be tortured or be compelled to testify against himself in criminal cases. warrants issued by a judge through due procedures upon the request of a prosecutor shall be presented in case of arrest, detention, seizure or search: except that, in case where a criminal suspect is apprehended flagrante delicto, or where there is danger that a person suspected of committing a crime punishable by imprisonment of three years or more may escape or destroy evidence, investigative authorities may request an ex post facto warrant. any person who is arrested or detained shall have the right to prompt assistance of counsel. when a criminal defendant is unable to secure counsel by his own efforts, the state shall assign counsel for the defendant as prescribed by law. no person shall be arrested or detained without being informed of the reason therefor and of his right to assistance of counsel. the family, etc., as designated by law, of a person arrested or detained shall be notified without delay of the reason for and the time and place of the arrest or detention. any person who is arrested or detained shall have the right to request the court to review the legality of the arrest or detention. in a case where a confession is deemed to have been made against a defendant's will due to torture, violence, intimidation, unduly prolonged arrest, deceit or etc., or in a case where a confession is the only evidence against a defendant in a formal trial, such a confession shall not be admitted as evidence of guilt nor shall a defendant be punished by reason of such a confession. article 13 no citizen shall be prosecuted for an act which does not constitute a crime under the law in force at the time it was committed, nor shall he be placed in double jeopardy. no restrictions shall be imposed upon the political rights of any citizen, nor shall any person be deprived of property rights by means of retroactive legislation. no citizen shall suffer unfavorable treatment on account of an act not of his own doing but committed by a relative. article 14 all citizens shall enjoy freedom of residence and the right to move all will. article 15 all citizens shall enjoy freedom of occupation. article 16 all citizens shall be free from intrusion into their place of residence. in case of search or seizure in a residence, a warrant issued by a judge upon request of a prosecutor shall be presented. article 17 the privacy of no citizen shall be infringed. article 18 the privacy of correspondence of no citizen shall be infringed. article 19 all citizens shall enjoy freedom of conscience. article 20 all citizens shall enjoy freedom of religion. no state religion shall be recognized, and church and state shall be separated. article 21 all citizens shall enjoy freedom of speech and the press, and freedom of assembly and association. licensing or censorship of speech and the press, and licensing of assembly and association shall not be recognized. the standards of news service and broadcast facilities and matters necessary to ensure the functions of newspapers shall be determined by law. neither speech nor the press shall violate the honor or rights of other persons nor undermine public morals or social ethics. should speech or the press violate the honor or rights of other persons, claims may be made for the damage resulting therefrom. article 22 all citizens shall enjoy freedom of learning and the arts. the rights of authors, inventors, scientists, engineers and artists shall be protected by law. article 23 the right of property of all citizens shall be guaranteed. the contents and limitations thereof shall be determined by law. the exercise of property rights shall conform to the public welfare. expropriation, use or restriction of private property from public necessity and compensation therefor shall be governed by law. however, in such a case, just compensation shall be paid. article 24 all citizens shall have the right to vote as prescribed by law. article 25 all citizens shall have the right to hold public office as prescribed by law. article 26 all citizens shall have the right to petition in writing to any governmental agency as prescribed by law. the state shall be obligated to examine all such petitions. article 27 all citizens shall have the right to be tried in conformity with the law by judges qualified under the constitution and the law. citizens who are not on active military service or employees of the military forces shall not be tried by a court martial within the territory of the republic of korea except in case of crimes prescribed by law involving important classified military information, sentinels, sentry posts, the supply of harmful food and beverages, prisoners of war and military articles and facilities and in the case of the proclamation of extraordinary martial law. all citizens shall have the right to a speedy trial. the accused shall have the right to a public trial without delay in the absence of justifiable reasons to the contrary. the accused shall be presumed innocent until a judgment of guilt has been pronounced. a victim of a crime shall be entitled to make a statement during the proceedings of the trial of the case involved as prescribed by law. article 28 in a case where a criminal suspect or an accused person who has been placed under detention is not indicated as provided by law or is acquitted by a court, he shall be entitled to claim just compensation from the state as prescribed by law. article 29 in case a person has sustained damages by an unlawful act committed by a public official in the course of official duties, he may claim just compensation from the state or public organization as prescribed by law. in this case, the public official concerned shall not be immune from liabilities. in case a person on active military service or an employee of the military forces, a police official or others as prescribed by law sustains damages in connection with the performance of official duties such as combat action, drill and so forth, he shall not be entitled to a claim against the state or public organization on the grounds of unlawful acts committed by public officials in the course of official duties, but shall be entitled only to compensations as prescribed by law. article 30 citizens who have suffered bodily injury or death due to criminal acts of others may receive aid from the state as prescribed by law. article 31 all citizens shall have an equal right to receive an education corresponding to their abilities. all citizens who have children to support shall be responsible at least for their elementary education and other education as provided by law. compulsory education shall be free. independence, professionalism and political impartiality of education and the autonomy of institutions of higher learning shall be guaranteed as prescribed by law. the state shall promote lifelong education. fundamental matters pertaining to the educational system, including in-school and lifelong education, administration, finance, and the status of teachers shall be determined by law. article 32 all citizens shall have the right to work. the state shall endeavor to promote the employment of workers and to guarantee optimum wages through social and economic means and shall enforce a minimum wage system as prescribed by law. all citizens shall have the duty to work. the state shall prescribe by law the extent and conditions of the duty to work in conformity with democratic principles. standards of working conditions shall be determined by law in such a way as to guarantee human dignity. special protection shall be accorded to working women and they shall not be subjected to unjust discrimination in terms of employment, wages and working conditions. special protection shall be accorded to working children. the opportunity to work shall be accorded preferentially, as prescribed by law, to those who have given distinguished service to the state, wounded veterans and policemen, and members of the bereaved families of military servicemen and policemen killed in action. article 33 to enhance working conditions, workers shall have the right to independent association, collective bargaining and collective action. only those public officials who are designated by law shall have the right to association, collective bargaining and collective action. the right to collective action of workers employed by important defense industries may be either restricted or denied as prescribed by law. article 34 all citizens shall be entitled to a life worthy of human beings. the state shall have the duty to endeavor to promote social security and welfare. the state shall endeavor to promote the welfare and rights of women. the state shall have the duty to implement policies for enhancing the welfare of senior citizens and the young. citizens who are incapable of earning a livelihood due to a physical disability, disease, old age or other reasons shall be protected by the state as prescribed by law. the state shall endeavor to prevent disasters and to protect citizens from harm therefrom. article 35 all citizens shall have the right to a healthy and pleasant environment. the state and all citizens shall endeavor to protect the environment. the substance of the environmental right shall be determined by law. the state shall endeavor to ensure comfortable housing for all citizens through housing development policies and the like. article 36 marriage and family life shall be entered into and sustained on the basis of individual dignity and equality of the sexes, and the state shall do everything in its power to achieve that goal. the state shall endeavor to protect mothers. the health of all citizens shall be protected by the state. article 37 freedoms and rights of citizens shall not be neglected on the grounds that they are not enumerated in the constitution. the freedoms and rights of citizens may be restricted by law only when necessary for national security, the maintenance of law and order or for public welfare. even when such restriction is imposed, no essential aspect of the freedom or right shall be violated. article 38 all citizens shall have the duty to pay taxes as prescribed by law. article 39 all citizens shall have the duty of national defense as prescribed by law. no citizen shall be treated unfavorably on account of the fulfillment of his obligation of military service. chapter iii. the national assembly article 40 the legislative power shall be vested in the national assembly. article 41 the national assembly shall be composed of members elected by universal, equal, direct and secret ballot by the citizens. the number of members of the national assembly shall be determined by law, but the number shall not be less than 200. the constituencies of members of the national assembly, proportional representation and other matters pertaining to national assembly elections shall be determined by law. article 42 the term of office of members of the national assembly shall be four years. article 43 members of the national assembly shall not concurrently hold any other office prescribed by law. article 44 during the sessions of the national assembly, no member of the national assembly shall be arrested or detained without the consent of the national assembly except in case of flagrante delicto. in case of apprehension or detention of a member of the national assembly prior to the opening of a session, such member shall be released during the session upon the request of the national assembly, except in case of flagrante delicto. article 45 no member of the national assembly shall be held responsible outside the national assembly for opinions officially expressed or votes cast in the assembly. article 46 members of the national assembly shall have the duty to maintain high standards of integrity. members of the national assembly shall give preference to national interests and shall perform their duties in accordance with conscience. members of the national assembly shall not acquire, through abuse of their positions, rights and interests in property or positions, or assist other persons to acquire the same, by means of contracts with or dispositions by the state, public organizations or industries. article 47 a regular session of the national assembly shall be convened once every year as prescribed by law, and extraordinary sessions of the national assembly shall be convened upon the request of the president or one fourth or more of the total members. the period of regular sessions shall not exceed a hundred days and of extraordinary sessions thirty days. if the president requests the convening of an extraordinary session, the period of the session and the reasons for the request shall be clearly specified. article 48 the national assembly shall elect one speaker and two vice-speakers. article 49 except as otherwise provided for in the constitution or in law, the attendance of a majority of the total members, and the concurrent vote of a majority of the members present, shall be necessary for decisions of the national assembly. in case of a tie vote, the matter shall be regarded as rejected. article 50 sessions of the national assembly shall be open to the public: except that, when it is decided so by a majority of the members present, or when the speaker deems it necessary to do so for the sake of national security, they may be closed to the public. the public disclosure of the proceedings of sessions which were not open to the public shall be determined by law. article 51 bills and other matters submitted to the national assembly for deliberation shall not be abandoned on the ground that they were not acted upon during the session in which they were introduced, except in a case where the term of the members of the national assembly has expired. article 52 bills may be introduced by members of the national assembly or by the executive. article 53 each bill passed by the national assembly shall be sent to the executive, and the president shall promulgate it within fifteen days. in case of objection to the bill, the president may, within the period referred to in paragraph (1), return it to the national assembly with written explanation of his objection, and request it be reconsidered. the president may do the same during adjournment of the national assembly. the president shall not request the national assembly to reconsider the bill in part, or with proposed amendments. in case there is a request for reconsideration of a bill, the national assembly shall reconsider it, and if the national assembly repasses the bill in the original form with the attendance of more than one half of the total members, and with a concurrent vote of two thirds or more of the members present, it shall become law. if the president does not promulgate the bill, or does not request the national assembly to reconsider it within the period referred to in paragraph (1), it shall become law. the president shall promulgate without delay the law as finalized under paragraphs (4) and (5). if the president does not promulgate a law within five days after it has become law under paragraph (5), or after it has been returned to the executive under paragraph (4), the speaker shall promulgate it. except as provided otherwise, a law shall take effect twenty days after the date of promulgation. article 54 the national assembly shall deliberate and decide upon the national budget bill. the executive shall formulate the budget bill for each fiscal year and submit it to the national assembly within ninety days before the beginning of a fiscal year. the national assembly shall decide upon it within thirty days before the beginning of the fiscal year. if the budget bill is not passed by the beginning of the fiscal year, the executive may, in conformity with the budget of the previous fiscal year, disburse funds for the following purposes until the budget bill is passed by the national assembly: the maintenance and operation of agencies and facilities established by the constitution or law; execution of the obligatory expenditures as prescribed by law; and continuation of projects previously approved in the budget. article 55 in a case where it is necessary to make continuing disbursements for a period longer than one fiscal year, the executive shall obtain the approval of the national assembly for a specified period of time. a reserve fund shall be approved by the national assembly in total. the disbursement of the reserve fund shall be approved during the next session of the national assembly. article 56 when it is necessary to amend the budget, the executive may formulate a supplementary revised budget bill and submit it to the national assembly. article 57 the national assembly shall, without the consent of the executive, neither increase the sum of any item of expenditure nor create any new items of expenditure in the budget submitted by the executive. article 58 when the executive plans to issue national bonds or to conclude contracts which may incur financial obligations on the state outside the budget, it shall have the prior concurrence of the national assembly. article 59 types and rates of taxes shall be determined by law. article 60 the national assembly shall have the right to consent to the conclusion and ratification of treaties pertaining to mutual assistance or mutual security; treaties concerning important international organizations; treaties of friendship, trade and navigation; treaties pertaining to any restriction in sovereignty; peace treaties; treaties which will burden the state or people with an important financial obligation; or treaties related to legislative matters. the national assembly shall also have the right to consent to the declaration of war, the dispatch of armed forces to foreign states, or the stationing of alien forces in the territory of the republic of korea. article 61 the national assembly may inspect affairs of state or investigate specific matters of state affairs, and may demand the production of documents directly related thereto, the appearance of a witness in person and the furnishing of testimony or statements of opinion. the procedures and other necessary matters concerning the inspection and investigation of state administration shall be determined by law. article 62 the prime minister, members of the state council or government delegates may attend meetings of the national assembly or its committees and report on the state administration or deliver opinions and answer questions. when requested by the national assembly or its committees, the prime minister, members of the state council or government delegates shall attend any meeting of the national assembly and answer questions. if the prime minister or state council members are requested to attend, the prime minister or state council members may have state council members or government delegates attend any meeting of the national assembly and answer questions. article 63 the national assembly may pass a recommendation for the removal of the prime minister or a state council member from office. a recommendation for removal as referred to in paragraph (1) may be introduced by one third or more of the total members of the national assembly, and shall be passed with the concurrent vote of a majority of the total members of the national assembly. article 64 the national assembly may establish the rules of its proceedings and internal regulations, provided that they are not in conflict with law. the national assembly may review the qualifications of its members and may take disciplinary actions against its members. the concurrent vote of two thirds or more of the total members of the national assembly shall be required for the expulsion of any member. no action shall be brought to court with regard to decisions taken under paragraphs (2) and (3). article 65 in case the president, the prime minister, members of the state council, heads of executive ministries, judges of the constitution court, judges, members of the central election management committee, members of the board of audit and inspection, and other public officials designated by law have violated the constitution or other laws in the performance of official duties, the national assembly may pass motions for their impeachment. a motion for impeachment prescribed in paragraph (1) may be proposed by one third or more of the total members of the national assembly, and shall require a concurrent vote of a majority of the total members of the national assembly for passage: except that, a motion for the impeachment of the president shall be proposed by a majority of the total members of the national assembly and approved by two thirds or more of the total members of the national assembly. any person against whom a motion for impeachment has been passed shall be suspended from exercising his power until the impeachment has been adjudicated. a decision on impeachment shall not extend further than removal from public office. however, it shall not exempt the person impeached from civil or criminal liability. chapter iv. the executive part 1. the president article 66 the president shall be the head of state and represent the state vis-a-vis foreign states. the president shall have the responsibility and duty to safeguard the independence, territorial integrity and continuity of the state and the constitution. the president shall have the duty to pursue sincerely the peaceful unification of the homeland. executive power shall be vested in the executive branch headed by the president. article 67 the president shall be elected by universal, equal, direct and secret ballot by the people. in case two or more persons receive the same largest number of votes in the election as referred to in paragraph (1), the person who receives the largest number of votes in an open session of the national assembly attended by a majority of the total members of the national assembly shall be elected. if and when there is only one presidential candidate, he shall not be elected president unless he receives at least one third of the total eligible votes. citizens who are eligible for election to the national assembly, and who have reached the age of forty years or more on the date of the presidential election, shall be eligible to be elected to the presidency. matters pertaining to presidential elections shall be determined by law. article 68 the successor to the incumbent president shall be elected seventy to thirty days before his term expires. in case a vacancy occurs in the office of the president or the president-elect dies, or is disqualified by a court ruling or for any other reason, a successor shall be elected within sixty days. article 69 the president, at the time of his inauguration, shall take the following oath: "i do solemnly swear before the people that i will faithfully execute the duties of the president by observing the constitution, defending the state, pursuing the peaceful unification of the homeland, promoting the freedom and welfare of the people and endeavoring to develop national culture". article 70 the term of office of the president shall be five years, and the president shall not be reelected. article 71 if the office of the presidency is vacant or the president is unable to perform his duties for any reason, the prime minister or the members of the state council in the order of priority as determined by law shall act for him. article 72 the president may submit important policies relating to diplomacy, national defense, unification and other matters relating to the national destiny to a national referendum if he deems it necessary. article 73 the president shall conclude and ratify treaties; accredit, receive or dispatch diplomatic envoys; and declare war and conclude peace. article 74 the president shall be commander-in-chief of the armed forces as prescribed by the constitution and law. the organization and formation of the armed forces shall be determined by law. article 75 the president may issue presidential decrees concerning matters delegated to him by law with the scope specifically defined and also matters necessary to enforce laws. article 76 in time of internal turmoil, external menace, natural calamity or a grave financial or economic crisis, the president may take in respect to them the minimum necessary financial and economic actions or issue orders having the effect of law, only when it is required to take urgent measures for the maintenance of national security or public peace and order, and there is no time to await the convocation of the national assembly. in case of major hostilities affecting national security, the president may issue orders having the effect of law, only when it is required to preserve the integrity of the nation, and it is impossible to convene the national assembly. in case actions are taken or orders are issued under paragraphs (1) and (2), the president shall promptly notify the national assembly and obtain its approval. in case no approval is obtained, the actions or orders shall lose effect forthwith. in such case, the laws which were amended or abolished by the orders in question shall automatically regain their original effect at the moment the orders fail to obtain approval. the president shall, without delay, put on public notice developments under paragraphs (3) and (4). article 77 when it is required to cope with a military necessity or to maintain the public safety and order by mobilization of the military forces in time of war, armed conflict or similar national emergency, the president may proclaim martial law as prescribed by law. martial law shall be of two types, extraordinary martial law and precautionary martial law. under extraordinary martial law, special measures may be taken with respect to the necessity for warrants, freedom of speech, the press, assembly and association, or the powers of the executive and the judiciary as prescribed by law. when the president has proclaimed martial law, he shall notify the national assembly without delay. when the national assembly requests the lifting of martial law with the concurrent vote of a majority of the total members of the national assembly, the president shall comply. article 78 the president shall appoint public officials as prescribed by the constitution and law. article 79 the president may grant amnesty, commutation and restoration of rights as prescribed by law. the president shall receive the consent of the national assembly in granting a general amnesty. matters pertaining to amnesty, commutation and restoration of rights shall be determined by law. article 80 the president shall award decorations and other honors as prescribed by law. article 81 the president may attend and address the national assembly or express his views by written message. article 82 the acts of the president under law shall be executed in writing, and such documents shall be countersigned by the prime minister and the members of the state council concerned. the same shall apply to military affairs. article 83 the president shall not concurrently hold the office of prime minister, a member of the state council, the head of any executive ministry, nor other public or private posts as prescribed by law. article 84 the president shall not be charged with a criminal offense during his tenure of office except for insurrection or treason. article 85 matters pertaining to the status and courteous treatment of former presidents shall be determined by law. part 2. the executive branch section 1. the prime minister and members of the state council article 86 the prime minister shall be appointed by the president with the consent of the national assembly. the prime minister shall assist the president and shall direct the executive ministries under order of the president. no member of the military shall be appointed prime minister unless he is retired from active duty. article 87 the members of the state council shall be appointed by the president on the recommendation of the prime minister. the members of the state council shall assist the president in the conduct of state affairs and, as constituents of the state council, shall deliberate on state affairs. the prime minister may recommend to the president the removal of a member of the state council from office. no member of the military shall be appointed a member of the state council unless he is retired from active duty. section 2. the state council article 88 the state council shall deliberate on important policies that fall within the power of the executive. the state council shall be composed of the president, the prime minister, and other members whose number shall be no more than thirty and no less than fifteen. the president shall be the chairman of the state council, and the prime minister shall be the vice-chairman. article 89 the following matters shall be referred to the state council for deliberation: basic plans for state affairs, and general policies of the executive; declaration of war, conclusion of peace and other important matters pertaining to foreign policy; draft amendments to the constitution, proposals for national referendums, proposed treaties, legislative bills, and proposed presidential decrees; budgets, closing of accounts, basic plans for disposal of state properties, contracts incurring financial obligation on the state, and other important financial matters; emergency orders and emergency financial and economic actions or orders by the president, and declaration and termination of martial law; important military affairs; requests for convening an extraordinary session of the national assembly; awarding of honors; granting of amnesty, commutation and restoration of rights; demarcation of jurisdiction between executive ministries; basic plans concerning delegation or allocation of powers within the executive; evaluation and analysis of the administration of state affairs; formulation and coordination of important policies of each executive ministry; action for the dissolution of a political party; examination of petitions pertaining to executive policies submitted or referred to the executive; appointment of the prosecutor general, the chairman of the joint chiefs of staff, the chief of staff of each armed service, the presidents of national universities, ambassadors, and such other public officials and managers of important state-run enterprises as designated by law; and other matters presented by the president, the prime minister or a member of the state council. article 90 an advisory council of elder statesmen, composed of elder statesmen, may be established to advise the president on important affairs of state. the immediate former president shall become the chairman of the advisory council of elder statesmen: except that, if there is no immediate former president, the president shall appoint the chairman. the organization, function and other necessary matters pertaining to the advisory council of elder statesmen shall be determined by law. article 91 a national security council shall be established to advise the president on the formulation of foreign, military and domestic policies related to national security prior to their deliberation by the state council. the meetings of the national security council shall be presided over by the president. the organization, function and other necessary matters pertaining to the national security council shall be determined by law. article 92 an advisory council on democratic and peaceful unification may be established to advise the president on the formulation of peaceful unification policy. the organization, function and other necessary matters pertaining to the advisory council on democratic and peaceful unification shall be determined by law. article 93 a national economic advisory council may be established to advise the president on the formulation of important policies for developing the national economy. the organization, function and other necessary matters pertaining to the national economic advisory council shall be determined by law. section 3. the executive ministries article 94 heads of executive ministries shall be appointed by the president from among members of the state council on the recommendation of the prime minister. article 95 the prime minister or the head of each executive ministry may, under the powers delegated by law or presidential decree, or ex officio, issue ordinances of the prime minister or the executive ministry concerning matters that are within their jurisdiction. article 96 the establishment, organization and function of each executive ministry shall be determined by law. section 4. the board of audit and inspection article 97 a board of audit and inspection shall be established under the direct jurisdiction of the president to inspect and examine the settlement of the revenues and expenditures of the state, the accounts of the state and other organizations specified by law and the job performances of the executive agencies and public officials. article 98 the board of audit and inspection shall be composed of no less than five and no more than eleven members, including the chairman. the chairman of the board shall be appointed by the president with the consent of the national assembly. the term of office of the chairman shall be four years, and he may be reappointed only once. the members of the board shall be appointed by the president on the recommendation of the chairman. the term of office of the members shall be four years, and they may be reappointed only once. article 99 the board of audit and inspection shall inspect the closing of accounts of revenues and expenditures each year, and report the results to the president and the national assembly in the following year. article 100 the organization and function of the board of audit and inspection, the qualifications of its members, the range of the public officials subject to inspection and other necessary matters shall be determined by law. chapter v. the courts article 101 judicial power shall be vested in courts composed of judges. the courts shall be composed of the supreme court, which is the highest court of the state, and other courts at specified levels. qualifications for judges shall be determined by law. article 102 departments may be established in the supreme court. there shall be supreme court justices at the supreme court: except that, judges other than supreme court justices may be assigned to the supreme court as prescribed by law. the organization of the supreme court and lower courts shall be determined by law. article 103 judges shall rule independently according to their conscience and in conformity with the constitution and law. article 104 the chief justice of the supreme court shall be appointed by the president with the consent of the national assembly. the supreme court justices shall be appointed by the president on the recommendation of the chief justice and with the consent of the national assembly. judges other than the chief justice and the supreme court justices shall be appointed by the chief justice with the consent of the conference of supreme court justices. article 105 the term of office of the chief justice shall be six years and he shall not be reappointed. the term of office of the justices of the supreme court shall be six years and they may be reappointed as prescribed by law. the term of office of judges other than the chief justice and justices of the supreme court shall be ten years, and they may be reappointed as prescribed by law. the retirement age of judges shall be determined by law. article 106 no judge shall be removed from office except by impeachment or a sentence of imprisonment or heavier punishment, nor shall he be suspended from office, have his salary reduced or suffer any other unfavorable treatment except by disciplinary action. in the event a judge is unable to discharge his official duties because of serious mental or physical impairment he may be retired from office as prescribed by law. article 107 when the constitutionality of a law is at issue in a trial, the court shall request a decision of the constitution court, and shall judge according to the decision thereof. the supreme court shall have the power to make a final review of the constitutionality or legality of administrative decrees, regulations or actions, when their constitutionality or legality is at issue in a trial. administrative appeals may be conducted as a procedure prior to a judicial trial. the procedure of administrative appeals shall be determined by law and shall be in conformity with the principles of judicial procedures. article 108 the supreme court may establish, within the scope of law, regulations pertaining to judicial proceedings and internal discipline and regulations on administrative matters of the court. article 109 trials and decisions of the courts shall be open to the public: provided that, when there is a danger that such trials may undermine the national security or disturb public safety and order, or be harmful to public morals, trials may be closed to the public by court decision. article 110 courts-martial may be established as special courts to exercise jurisdiction over military trials. the supreme court shall have the final appellate jurisdiction over courts-martial. the organization and authority of courts-martial, and the qualifications of their judges shall be determined by law. military trials under an extraordinary martial law may not be appealed in case of crimes of soldiers and employees of the military; military espionage; and crimes as defined by law in regard to sentinels, sentry posts, supply of harmful foods and beverages, and prisoners of war, except in the case of a death sentence. chapter vi. the constitution court article 111 the constitution court shall adjudicate the following matters: the constitutionality of a law upon the request of the courts; impeachment; dissolution of a political party; disputes about the jurisdictions between state agencies, between state agencies and local governments and between local governments; and petitions relating to the constitution as prescribed by law. the constitution court shall be composed of nine adjudicators qualified to be court judges, and they shall be appointed by the president. among the adjucators referred to in paragraph (2), three shall be appointed from persons selected by the national assembly, and three appointed from persons nominated by the chief justice. the head of the constitution court shall be appointed by the president from among the adjucators with the consent of the national assembly. article 112 the term of office of the adjudicators of the constitution court shall be six years and they may be reappointed as prescribed by law. the adjudicators of the constitution court shall not join any political party, nor shall they participate in political activities. no adjudicator of the constitution court shall be expelled from office except by impeachment or a sentence of imprisonment or heavier punishment. article 113 when the constitution court makes a decision on the unconstitutionality of a law, impeachment, dissolution of a political party or a petition relating to the constitution, the concurrence of six adjudicators or more shall be required. the constitution court may establish regulations related to its proceedings and internal discipline and regulations on administrative matters within the limits of law. the organization, function and other necessary matters of the constitution court shall be determined by law. chapter vii. election management article 114 election management committees shall be established for the purpose of fair management of elections and national referendums, and dealing with administrative affairs concerning political parties. the central election management committee shall be composed of three members appointed by the president, three members selected by the national assembly, and three members designated by the chief justice of the supreme court. the chairman of the committee shall be elected from among the members. the term of office of the members of the committee shall be six years. the members of the committee shall not join political parties, nor shall they participate in political activities. no members of the committee shall be expelled from office except by impeachment or a sentence of imprisonment or heavier punishment. the central election management committee may establish, within the limit of laws and decrees, regulations relating to the management of elections, national referendums, and administrative matters concerning political parties and may also establish regulations relating to internal discipline that are compatible with law. the organization, function and other necessary matters of the election management committees at each level shall be determined by law. article 115 election management committees at each level may issue necessary instructions to administrative agencies concerned with respect to administrative matters pertaining to elections and national referendums such as the preparation of the rosters of voters. administrative agencies concerned, upon receipt of such instructions, shall comply. article 116 election campaigns shall be conducted under the management of the election management committees at each level within the limit set by law. equal opportunity shall be guaranteed. except as otherwise prescribed by law, expenditures for elections shall not be imposed on political parties or candidates. chapter viii. local autonomy article 117 local governments shall deal with administrative matters pertaining to the welfare of local residents, manage properties, and may enact provisions relating to local autonomy, within the limit of laws and regulations. the types of local governments shall be determined by law. article 118 a local government shall have a council. the organization and powers of local councils, and the election of members; election procedures for heads of local government bodies; and other matters pertaining to the organization and operation of local governments shall be determined by law. chapter ix. the economy article 119 the economic order of the republic of korea shall be based on a respect for the freedom and creative initiative of enterprises and individuals in economic affairs. the state may regulate and coordinate economic affairs in order to maintain the balanced growth and stability of the national economy, to ensure proper distribution of income, to prevent the domination of the market and the abuse of economic power and to democratize the economy through harmony among the economic agents. article 120 licenses to exploit, develop or utilize minerals and all other important underground resources, marine resources, water power, and natural powers available for economic use may be granted for a period of time as prescribed by law. the land and natural resources shall be protected by the state, and the state shall establish a plan necessary for their balanced development and utilization. article 121 the state shall endeavor to realize the land-to-the-tillers principle with respect to agricultural land. tenant farming shall be prohibited. the leasing of agricultural land and the consignment management of agricultural land to increase agricultural productivity and to ensure the rational utilization of agricultural land or due to unavoidable circumstances, shall be recognized as prescribed by law. article 122 the state may impose, as prescribed by law, restrictions or obligations necessary for the efficient and balanced utilization, development and preservation of the land of the nation that is the basis for the productive activities and daily lives of all citizens. article 123 the state shall establish and implement a plan to comprehensively develop and support the farm and fishing communities in order to protect and foster agriculture and fisheries. the state shall have the duty to foster regional economies to ensure the balanced development of all regions. the state shall protect and foster small and medium enterprises. in order to protect the interests of farmers and fishermen, the state shall endeavor to stabilize the prices of agricultural and fishery products by maintaining an equilibrium between the demand and supply of such products and improving their marketing and distribution systems. the state shall foster organizations founded on the spirit of self-help among farmers, fishermen and businessmen engaged in small and medium industry and shall guarantee their independent activities and development. article 124 the state shall, as prescribed by law, guarantee the consumer protection movement intended to encourage sound consumption activities and improvement in the quality of products. article 125 the state shall foster foreign trade, and may regulate and coordinate it. article 126 private enterprises shall not be nationalized nor transferred to ownership by a local government, nor shall their management be controlled or administered by the state, except in cases as prescribed by law to meet urgent necessities of national defense or the national economy. article 127 the state shall strive to develop the national economy by developing science and technology, information and human resources and encouraging innovation. the state shall establish a system of national standards. the president may establish advisory organizations necessary to achieve the purpose referred to in paragraph (1). chapter x. amendments to the constitution article 128 a proposal to amend the constitution shall be introduced either by a majority of the total members of the national assembly or by the president. amendments to the constitution for the extension of the term of office of the president or for a change allowing for the reelection of the president shall not be effective for the president in office at the time of the proposal for such amendments to the constitution. article 129 proposed amendments to the constitution shall be put before the public by the president for twenty days or more. article 130 the national assembly shall decide upon the proposed amendments within sixty days of the public announcement, and passage by the national assembly shall require the concurrent vote of two thirds of the total members of the national assembly. the proposed amendments to the constitution shall be submitted to a national referendum not later than thirty days after passage by the national assembly, and shall be determined by more than one half of all votes cast by more than one half of voters eligible to vote in elections for members of the national assembly. when the proposed amendments to the constitution receive the concurrence prescribed in paragraph (2), the amendments to the constitution shall be finalized, and the president shall promulgate it without delay. supplementary provisions article 1 this constitution shall enter into force as of the twenty-fifth day of february, anno domini nineteen hundred and eighty-eight: except that, the enactment or amendment of laws necessary to implement this constitution, the elections of the president and the national assembly under this constitution and other preparations to implement this constitution may be carried out prior to the entry into force of this constitution. article 2 the first presidential election under this constitution shall be held not later than forty days before this constitution enters into force. the term of office of the first president under this constitution shall commence on the date of its enforcement. article 3 the first elections of the national assembly under this constitution shall be held within six months from the promulgation of this constitution. the term of office of the members of the first national assembly elected under this constitution shall commence on the date of the first convening of the national assembly under this constitution. the term of office of the members of the national assembly incumbent at the time this constitution is promulgated shall terminate the day prior to the first convening of the national assembly under paragraph (1). article 4 public officials and officers of enterprises appointed by the government, who are in office at the time of the enforcement of this constitution, shall be considered as having been appointed under this constitution: except that, public officials whose election procedures or appointing authorities are changed under this constitution, the chief justice of the supreme court and the chairman of the board of audit and inspection shall remain in office until such time as their successors are chosen under this constitution, and their terms of office shall terminate the day before the installation of their successors. judges attached to the supreme court who are not the chief justice or justices of the supreme court and who are in office at the time of the enforcement of this constitution shall be considered as having been appointed under this constitution notwithstanding the proviso of paragraph (1). those provisions of this constitution which prescribe the terms of office of public officials or which restrict the number of terms that public officials may serve shall take effect upon the dates of the first elections or the first appointments of such public officials under this constitution. article 5 laws, decrees, ordinances and treaties in force at the time this constitution enters into force shall remain valid unless they are contrary to this constitution. article 6 those organizations existing at the time of the enforcement of this constitution which have been performing the functions falling within the authority of new organizations to be created under this constitution shall continue to exist and perform such functions until such time as the new organizations are created under this constitution. preamble in the name of allah, the most beneficent, the most merciful praise be to allah, the cherisher and sustainer of worlds; and praise and peace be upon mohammad, his last messenger and his disciples and followers we the people of afghanistan: believing firmly in almighty god, relying on his divine will and adhering to the holy religion of islam; realizing the previous injustices, miseries and innumerable disasters which have befallen our country; appreciating the sacrifices, historical struggles, jihad and just resistance of all the peoples of afghanistan, admiring the supreme position of the martyrs of the country's freedom; comprehending that a united, indivisible afghanistan belongs to all its tribes and peoples; observing the united nations charter as well as the universal declaration of human rights; and in order to: strengthen national unity, safeguard independence, national sovereignty and territorial integrity of the country; establish an order based on the peoples' will and democracy; form a civil society void of oppression, atrocity, discrimination as well as violence, based on rule of law, social justice, protecting integrity and human rights, and attaining peoples' freedoms and fundamental rights; strengthen political, social, economic as well as defense institutions; attain a prosperous life and sound living environment for all inhabitants of this land; and, eventually, regain afghanistan's appropriate place in the international family; have, herein, approved this constitution in accordance with the historical, cultural and social realities as well as requirements of time through our elected representatives in the loya jirga, dated january 3, 2004, held in the city of kabul. chapter i. state article 1 afghanistan shall be an islamic republic, independent, unitary and indivisible state. article 2 the sacred religion of islam is the religion of the islamic republic of afghanistan. followers of other faiths shall be free within the bounds of law in the exercise and performance of their religious rituals. article 3 no law shall contravene the tenets and provisions of the holy religion of islam in afghanistan. article 4 national sovereignty in afghanistan shall belong to the nation, manifested directly and through its elected representatives. the nation of afghanistan is composed of all individuals who possess the citizenship of afghanistan. the nation of afghanistan shall be comprised of pashtun, tajik, hazara, uzbek, turkman, baluch, pachaie, nuristani, aymaq, arab, qirghiz, qizilbash, gujur, brahwui and other tribes. the word afghan shall apply to every citizen of afghanistan. no individual of the nation of afghanistan shall be deprived of citizenship. the citizenship and asylum related matters shall be regulated by law. article 5 implementing the provisions of this constitution and other laws, defending independence, national sovereignty, territorial integrity and attaining the security and defense capability of the country shall be the fundamental duties of the state. article 6 the state shall be obligated to create a prosperous and progressive society based on social justice, preservation of human dignity, protection of human rights, realization of democracy, attainment of national unity as well as equality between all peoples and tribes and balance development of all areas of the country. article 7 the state shall observe the united nations charter, interstate agreements, as well as international treaties to which afghanistan has joined, and the universal declaration of human rights. the state shall prevent all kinds of terrorist activities, cultivation and smuggling of narcotics, and production and use of intoxicants. article 8 the state shall regulate the foreign policy of the country on the basis of preserving the independence, national interests and territorial integrity as well as non-interference, good neighborliness, mutual respect and equality of rights. article 9 mines and other subterranean resources as well as historical relics shall be the property of the state. protection, management and proper utilization of public properties as well as natural resources shall be regulated by law. article 10 the state shall encourage, protect as well as ensure the safety of capital investment and private enterprises in accordance with the provisions of the law and market economy. article 11 matters related to domestic as well as foreign trade shall be regulated by law in accordance with the economic requirements of the country and public interests. article 12 the afghanistan bank shall be independent and the central bank of the state. currency issuance as well as formulating and implementing the monetary policy of the country shall be, according to provisions of the law, the authority of the central bank. the central bank shall consult the economic committee of the house of people about printing of money. the organization and operation method of central bank shall be regulated by law. article 13 the state shall design and implement effective programs for developing industries, expanding production as well as protecting activities of craftsmen to raise the standard of living of the people. article 14 the state, within its financial means, shall design and implement effective programs to develop agriculture and animal husbandry, improve economic, social and living conditions of farmers, herders and settlers as well as the nomads' livelihood. the state shall adopt necessary measures for provision of housing and distribution of public estates to deserving citizens in accordance with the provisions of law and within financial possibilities. article 15 the state shall be obligated to adopt necessary measures to protect and improve forests as well as the living environment. article 16 from amongst pashto, dari, uzbeki, turkmani, baluchi, pachaie, nuristani, pamiri and other current languages in the country, pashto and dari shall be the official languages of the state. in areas where the majority of the people speak in any one of uzbeki, turkmani, pachaie, nuristani, baluchi or pamiri languages, any of the aforementioned language, in addition to pashto and dari, shall be the third official language, the usage of which shall be regulated by law. the state shall design and apply effective programs to foster and develop all languages of afghanistan. usage of all current languages in the country shall be free in press publications and mass media. academic and national administrative terminology and usage in the country shall be preserved. article 17 the state shall adopt necessary measures to foster education at all levels, develop religious teachings, regulate and improve the conditions of mosques, religious schools as well as religious centers. article 18 the source for the calendar year of the country shall be based upon the migration of the prophet (pbuh). the basis for state offices shall be the solar calendar. fridays, as well as the 28th of asad and 8th of saur, shall be public holidays. other holidays shall be regulated by law. article 19 the flag of afghanistan shall be made up of three equal parts, with black, red and green colors juxtaposed from left to right vertically. the width of every color shall be half of its length, and at the center of which the national insignia shall be located. the national insignia of afghanistan shall be comprised of an emblem and a pulpit in white color, at the two corners of which are two flags, inscribed in the top middle the holy phrase "there is no god but allah and mohammad is his prophet, and allah is great." this shall be inscribed and superseded on rays of a rising sun, and in its lower part, the year 1919 in the solar calendar, and the word "afghanistan" encircled on two sides by sheaves of wheat shall be inscribed. the law shall regulate the use of the flag and insignia. article 20 the national anthem of afghanistan shall be in pashto with the mention of "god is great" as well as the names of the tribes of afghanistan. article 21 the capital of afghanistan shall be the city of kabul. chapter ii. fundamental rights and duties of citizens article 22 any kind of discrimination and distinction between citizens of afghanistan shall be forbidden. the citizens of afghanistan, man and woman, have equal rights and duties before the law. article 23 life is the gift of god as well as the natural right of human beings. no one shall be deprived of this except by legal provision. article 24 liberty is the natural right of human beings. this right has no limits unless affecting others freedoms as well as the public interest, which shall be regulated by law. liberty and human dignity are inviolable. the state shall respect and protect liberty as well as human dignity. article 25 innocence is the original state. the accused shall be innocent until proven guilty by the order of an authoritative court. article 26 crime is a personal act. investigation, arrest and detention of an accused as well as penalty execution shall not incriminate another person. article 27 no deed shall be considered a crime unless ruled by a law promulgated prior to commitment of the offense. no one shall be pursued, arrested, or detained without due process of law. no one shall be punished without the decision of an authoritative court taken in accordance with the provisions of the law, promulgated prior to commitment of the offense. article 28 no citizen of afghanistan accused of a crime shall be extradited to a foreign state without reciprocal arrangements as well as international treaties to which afghanistan has joined. no afghan shall be deprived of citizenship or sentenced to domestic or foreign exile. article 29 persecution of human beings shall be forbidden. no one shall be allowed to or order torture, even for discovering the truth from another individual who is under investigation, arrest, detention or has been convicted to be punished. punishment contrary to human dignity shall be prohibited. article 30 a statement, confession or testimony obtained from an accused or of another individual by means of compulsion shall be invalid. confession to a crime is a voluntary admission before an authorized court by an accused in a sound state of mind. article 31 upon arrest, or to prove truth, every individual can appoint a defense attorney. immediately upon arrest, the accused shall have the right to be informed of the nature of the accusation, and appear before the court within the time limit specified by law. in criminal cases, the state shall appoint a defense attorney for the indigent. confidentiality of conversations, correspondence, and communications between the accused and their attorney shall be secure from any kind of violation. the duties and powers of defense attorneys shall be regulated by law. article 32 debt shall not curtail or deprive the freedom of the individual. the method and means of recovering debt shall be regulated by law. article 33 the citizens of afghanistan shall have the right to elect and be elected. the conditions of exercising this right shall be regulated by law. article 34 freedom of expression shall be inviolable. every afghan shall have the right to express thoughts through speech, writing, illustrations as well as other means in accordance with provisions of this constitution. every afghan shall have the right, according to provisions of law, to print and publish on subjects without prior submission to state authorities. directives related to the press, radio and television as well as publications and other mass media shall be regulated by law. article 35 to attain moral and material goals, the citizens of afghanistan shall have the right to form associations in accordance with provisions of the law. the people of afghanistan shall have the right, in accordance with provisions of the law, to form political parties, provided that: their manifesto and charter shall not contravene the holy religion of islam and principles and values enshrined in this constitution; their organizations and financial resources shall be transparent; they shall not have military or quasi-military aims and organizations; and they shall not be affiliated with foreign political parties or other sources. formation and operation of a party on the basis of tribalism, parochialism, language, as well as religious sectarianism shall not be permitted. a party or association formed according to provisions of the law shall not be dissolved without legal causes and the order of an authoritative court. article 36 the people of afghanistan shall have the right to gather and hold unarmed demonstrations, in accordance with the law, for attaining legitimate and peaceful purposes. article 37 freedom and confidentiality of correspondence, as well as communications of individuals, whether in the form of a letter or via telephone, telegraph, as well as other means, shall be secure from intrusion. the state shall not have the right to inspect personal correspondence and communications, unless authorized by provisions of the law. article 38 personal residences shall be immune from trespassing. no one, including the state, shall have the right to enter a personal residence or search it without the owner’s permission or by order of an authoritative court, except in situations and methods delineated by law. in case of an evident crime, the responsible official shall enter or search a personal residence without prior court order. the aforementioned official, shall, after entrance or completion of search, obtain a court order within the time limit set by law. article 39 every afghan shall have the right to travel and settle in any part of the country, except in areas forbidden by law. every afghan shall have the right to travel outside afghanistan and return, according to the provisions of the law. the state shall protect the rights of the citizens of afghanistan outside the country. article 40 property shall be safe from violation. no one shall be forbidden from owning property and acquiring it, unless limited by the provisions of law. no one's property shall be confiscated without the order of the law and decision of an authoritative court. acquisition of private property shall be legally permitted only for the sake of public interests, and in exchange for prior and just compensation. search and disclosure of private property shall be carried out in accordance with provisions of the law. article 41 foreign individuals shall not have the right to own immovable property in afghanistan. lease of immovable property for the purpose of capital investment shall be permitted in accordance with the provisions of the law. the sale of estates to diplomatic missions of foreign countries as well as international organizations to which afghanistan is a member, shall be allowed in accordance with the provisions of the law. article 42 every afghan shall pay taxes and duties to the state in accordance with the provisions of the law. no taxes or duties shall be levied without legal representation. tax rates and duties as well as the method of payment shall be determined, with due respect to social justice, by law. this provision shall also apply to foreign individuals and organizations. every kind of tax, duty as well as paid incomes shall be deposited to a single state account. article 43 education is the right of all citizens of afghanistan, which shall be offered up to the b.a. level in the state educational institutes free of charge by the state. to expand balanced education as well as to provide mandatory intermediate education throughout afghanistan, the state shall design and implement effective programs and prepare the ground for teaching mother tongues in areas where they are spoken. article 44 the state shall devise and implement effective programs to create and foster balanced education for women, improve education of nomads as well as eliminate illiteracy in the country. article 45 the state shall devise and implement a unified educational curricula based on the tenets of the sacred religion of islam, national culture as well as academic principles, and develop religious subjects curricula for schools on the basis of existing islamic sects in afghanistan. article 46 establishing and administering higher, general and specialized educational institutions shall be the duty of the state. the citizens of afghanistan shall establish higher, general and specialized educational as well as literacy institutions with permission of the state. the state shall permit foreign individuals to establish higher, general and specialized institutions in accordance with the provisions of the law. admission terms to higher educational institutes of the state and other related matters shall be regulated by law. article 47 the state shall devise effective programs for fostering knowledge, culture, literature and arts. the state shall guarantee the copyrights of authors, inventors and discoverers, and, shall encourage and protect scientific research in all fields, publicizing their results for effective use in accordance with the provisions of the law. article 48 work is the right of every afghan. working hours, paid holidays, employment and employee rights and related matters shall be regulated by the law. choice of occupation and craft shall be free within the bounds of law. article 49 forced labor shall be forbidden. active participation in times of war, disaster, and other situations that threaten public life and comfort shall be among the national duties of every afghan. forced labor on children shall not be allowed. article 50 the state shall adopt necessary measures to create a healthy administration and realize reforms in the administrative system of the country. the administration shall perform its duties with complete neutrality and in compliance with the provisions of the laws. the citizens of afghanistan shall have the right of access to information from state departments in accordance with the provisions of the law. this right shall have no limit except when harming rights of others as well as public security. the citizens of afghanistan shall be recruited by the state on the basis of ability, without any discrimination, according to the provisions of the law. article 51 any individual suffering damage without due cause from the administration shall deserve compensation, and shall appeal to a court for acquisition. except in conditions stipulated by law, the state shall not, without the order of an authoritative court, claim its rights. article 52 the state shall provide free preventative healthcare and treatment of diseases as well as medical facilities to all citizens in accordance with the provisions the law. establishment and expansion of private medical services as well as health centers shall be encouraged and protected by the state in accordance with the provisions of the law. the state shall adopt necessary measures to foster healthy physical education and development of the national as well as local sports. article 53 the state shall adopt necessary measures to regulate medical services as well as financial aid to survivors of martyrs and missing persons, and for reintegration of the disabled and handicapped and their active participation in society, s in accordance with provisions of the law. the state shall guarantee the rights of retirees, and shall render necessary aid to the elderly, women without caretaker, disabled and handicapped as well as poor orphans, in accordance with provisions of the law. article 54 family is the fundamental pillar of the society, and shall be protected by the state. the state shall adopt necessary measures to attain the physical and spiritual health of the family, especially of the child and mother, upbringing of children, as well as the elimination of related traditions contrary to the principles of the sacred religion of islam. article 55 defending the country shall be the duty of all citizens of afghanistan. conditions for compulsory military service shall be regulated by law. article 56 observance of the provisions of the constitution, obedience of laws and respect of public order and security shall be the duty of all citizens of afghanistan. ignorance of the laws shall not be considered an excuse. article 57 the state shall guarantee the rights and liberties of foreign citizens in afghanistan in accordance with the law. these people shall be obliged to respect the laws of the state of afghanistan within the limits of the provisions of international law. article 58 to monitor respect for human rights in afghanistan as well as to foster and protect it, the state shall establish the independent human rights commission of afghanistan. every individual shall complain to this commission about the violation of personal human rights. the commission shall refer human rights violations of individuals to legal authorities and assist them in defense of their rights. organization and method of operation of the commission shall be regulated by law. article 59 no individual shall be allowed to manipulate the rights and liberties enshrined in this constitution and act against independence, territorial integrity, sovereignty as well as national unity. chapter iii. the president article 60 the president shall be the head of state of the islamic republic of afghanistan, executing his authorities in the executive, legislative and judiciary fields in accordance with the provisions of this constitution. the president shall have 2 vice-presidents, first and second. the presidential candidate shall declare to the nation names of both vice presidential running mates. in case of absence, resignation or death of the president, the first vice-president shall act in accordance with the provisions of this constitution. in the absence of the first vice-president, the second vice-president shall act in accordance with the provisions of this constitution. article 61 the president shall be elected by receiving more than fifty percent of votes cast by voters through free, general, secret and direct voting. the presidential term shall expire on 1st of jawza of the fifth year after elections. elections for the new president shall be held within thirty to sixty days prior to the end of the presidential term. if in the first round none of the candidates gets more than fifty percent of the votes, elections for the second round shall be held within two weeks from the date election results are proclaimed, and, in this round, only two candidates who have received the highest number of votes in the first round shall participate. in case one of the presidential candidates dies during the first or second round of voting or after elections, but prior to the declaration of results, re-election shall be held according to provisions of the law. article 62 the individual who becomes a presidential candidate shall have the following qualifications: shall be a citizen of afghanistan, muslim, born of afghan parents and shall not be a citizen of another country; shall not be less than forty years old the day of candidacy; shall not have been convicted of crimes against humanity, a criminal act or deprivation of civil rights by court. no individual shall be elected for more than 2 terms as president. the provision of this article shall also apply to vice-presidents. article 63 before assuming office, the president shall take, in accordance with special procedures set by law, the following oath of allegiance: "in the name of god, most gracious, most merciful, i swear by the name of god almighty that i shall obey and protect the holy religion of islam, respect and supervise the implementation of the constitution as well as other laws, safeguard the independence, national sovereignty and territorial integrity of afghanistan, and, in seeking god almighty's help and support of the nation, shall exert my efforts towards the prosperity and progress of the people of afghanistan." article 64 the president shall have the following authorities and duties: supervise the implementation of the constitution; determine the fundamental lines of the policy of the country with the approval of the national assembly; being the commander in chief of the armed forces of afghanistan; declare war and peace with the endorsement of the national assembly; take necessary decisions to defend territorial integrity and preserve independence; dispatch armed forces units outside of afghanistan with the endorsement of the national assembly; convene the loya jirga except in the situation prescribed in article 69 of this constitution; proclaim as well as terminate the state of emergency with the endorsement of the national assembly; inaugurate the sessions of national assembly and loya jirga. accept the resignations of vice-presidents of the republic; appoint the ministers, the attorney general, the head of the central bank, the national security director as well as the head of the red cross with the endorsement of the house of people, and their dismissal and acceptance of resignation; appoint the justice of the supreme court as well as justices of the supreme court with the endorsement of the house of people; appointing, retiring and accepting the resignation and dismissal of judges, officers of the armed forces, police, national security as well as high ranking officials according to the provisions of law; appoint heads of political representatives of afghanistan to foreign states as well as international organizations; accept credentials of foreign political representatives in afghanistan; endorse laws as well as judicial decrees; issue credential letter for conclusion of international treaties in accordance with the provisions of the law; reduce and pardon penalties in accordance with the provisions of the law; bestow medals, insignias as well as honorary titles in accordance with the provisions of the law; establish commissions to improve the administration of the country in accordance with the provisions of the law; perform other authorities and duties enshrined in this constitution. article 65 on important national, political, social as well as economic issues the president can call for a referendum of the people of afghanistan. the referendum shall not be contrary to the provisions of this constitution or require its amendment. article 66 the president shall take into consideration the supreme interests of the people of afghanistan to enforce the authorities enshrined in this constitution. the president shall not sell or bestow state properties without the provision of the law. during the term of office, the presidential position shall not be used for linguistic, sectarian, tribal, and religious as well as party considerations. article 67 in case of resignation, impeachment or death of the president, as well as an incurable illness impeding performance of duty, the first vice-president shall assume authorities and duties of the president. the president shall personally tender resignation to the national assembly. affirmation of an incurable illness shall be verified by an authoritative medical team assigned by the supreme court. in such cases, elections for the new president shall be held within 3 months in accordance with article 61 of the constitution. the first vice-president, in acting as interim president, shall not perform the following duties: amend the constitution; dismiss ministers; call a referendum. the vice-presidents can according to the provisions of this constitution, nominate themselves as presidential candidates. in the absence of the president, the duties of the first vice-president shall be determined by the president. article 68 in case any of the vice-presidents resign or die, another person shall be appointed by the president with the endorsement of the house of the people. in case of simultaneous death of the president and the first vice-president, the second vice-president, the president of the house of elders, the president of the house of representatives and the foreign minister shall succeed respectively and, in that order, and, according to article 67 of this constitution, shall assume the duties of the president. article 69 the president shall be responsible to the nation as well as the house of people in accordance with the provisions of this article. accusations of crimes against humanity, national treason as well as a crime against the president shall be demanded by one-third of all members of the house of people. if this demand is approved by two-thirds of the house of people, the house of people shall convene the loya jirga within 1 month. if the loya jirga, by two-thirds majority, approves the accusation, the president shall be released from duty and the issue shall be referred to a special court, which shall be comprised of the president of the house of elders, three members of the house of people, and three members of the supreme court appointed by the loya jirga. the case shall be presented by the individual appointed by the loya jirga. in such a situation the provisions of article 67 of this constitution shall be applied. article 70 the salary and expenses of the president shall be regulated by law. the president, after completion of his term of service, except when dismissed, shall be entitled to financial benefits of the presidency for the rest of his life in accordance with the law. chapter iv. government article 71 the government shall be comprised of ministers who work under the chairmanship of the president. the number of ministers as well as their duties shall be regulated by law. article 72 the individual appointed as minister shall have the following qualifications: shall have only the citizenship of afghanistan; if the ministerial candidate has the citizenship of another country as well, the house of people shall have the right to approve or reject the nomination; shall have higher education, work experience as well as a good reputation; shall not be less than thirty 5 years of age; shall not have been convicted of crimes against humanity, a criminal act or deprivation of civil rights by a court. article 73 the ministers shall be appointed from amongst members of the national assembly or outside. if a member of the national assembly is appointed as minister, that individual loses membership in the national assembly and instead, another individual shall be appointed in accordance with the provisions of the law. article 74 before assuming office, the ministers shall take the following oath in the presence of the president: "in the name of god, most gracious, most merciful, i swear in the name of god almighty that i shall protect the holy religion of islam, respect the constitution and other laws of afghanistan, safeguard the rights of citizens as well as independence, territorial integrity and the national unity of the people of afghanistan, and, in all my deeds consider the almighty's presence, performing the entrusted duties honestly." article 75 the government shall have the following duties: execute the provisions of this constitution, other laws, as well as the final decisions of the courts; preserve the independence, defend the territorial integrity and safeguard the interests and prestige of afghanistan in the international community; maintain public law and order and eliminate every kind of administrative corruption; prepare the budget, regulate financial conditions of the state as well as protect public wealth; devise and implement social, cultural, economic and technological development programs; report to the national assembly, at the end of the fiscal year, about the tasks achieved as well as important programs for the new fiscal year; perform other duties that, in accordance with this constitution and other laws, fall within the government responsibilities. article 76 to implement the fundamental lines of the policy of the country and regulate its duties, the government shall devise as well as approve regulations, which shall not be contrary to the body or spirit of any law. article 77 the ministers shall perform their duties as heads of administrative units within the framework of this constitution as well as other laws prescribe. the ministers shall be responsible to the president and house of representatives for their specified duties. article 78 if a minister is accused of crimes against humanity, national treason or other crimes, the case, in accordance with article 134 of this constitution, shall be submitted to a special court. article 79 during the recess of the house of representatives, the government shall, in case of an immediate need, issue legislative decrees, except in matters related to budget and financial affairs. legislative decrees, after endorsement by the president, shall acquire the force of law. legislative decrees shall be presented to the national assembly within thirty days of convening its first session, and if rejected by the national assembly, they become void. article 80 during their tour of duty, the ministers shall not use their positions for linguistic, sectarian, tribal, religious or partisan purposes. chapter v. national assembly article 81 the national assembly of the islamic republic of afghanistan, as the highest legislative organ, shall manifest the will of its people as well as represent the entire nation. every member of the assembly, when voting, shall judge according to the general interests as well as the supreme benefits of the people of afghanistan. article 82 the national assembly consists of two houses: house of people and house of elders. no individual shall be a member of both houses at the same time. article 83 members of the house of people shall be elected by the people through free, general, secret and direct balloting. the work period of the house of people shall terminate, after the disclosure of the results of the elections, on the 1st of saratan of the fifth year and the new parliament shall commence work. the elections for members of the house of people shall be held 30-60 days prior to the expiration of the term of the house of people. the number of the members of the house of people shall be proportionate to the population of each constituency, not exceeding the maximum of 250 individuals. electoral constituencies as well as other related issues shall be determined by the elections law. the elections law shall adopt measures to attain, through the electorate system, general and fair representation for all the people of the country, and proportionate to the population of every province, on average, at least two females shall be the elected members of the house of people from each province. article 84 members of the house of elders shall be elected and appointed as follows: from amongst each provincial council members, one individual shall be elected by the respective council for a four year term; from amongst district councils of each province, one individual, elected by the respective councils, for a three year term; the remaining one-third of the members shall be appointed by the president, for a five year term, from amongst experts and experienced personalities, including two members from amongst the impaired and handicapped, as well as two from nomads. the president shall appoint fifty percent of these individuals from amongst women. the individual selected as a member of the house of elders shall lose membership to the related council, and, another individual shall be appointed in accordance with the provisions of the law. article 85 the individual who becomes a candidate or appointed to the membership of the national assembly, in addition to the completion of the conditions of the election, shall have the following qualifications: shall be a citizen of afghanistan or shall have obtained citizenship of the state of afghanistan at least 10 years prior to candidacy date or appointment; shall not have been convicted of crimes against humanity, as well as a crime or deprivation from civil rights by a court; shall have completed twenty-5 years of age on candidacy day for the house of people, and 35 years on candidacy day or appointment for the house of elders. article 86 elections credentials of members of the national assembly shall be reviewed by the independent elections commission in accordance with the provisions of the law. article 87 each of the two houses of the national assembly, at the commencement of their work period, shall elect one member as president for the term of the legislature, and two members as first and second deputies and two members as secretary and assistant secretary for a period of one year. these individuals shall form the administrative teams of the house of people as well as house of elders. duties of the administrative teams shall be determined by the regulations on internal duties of each house. article 88 each of the two houses of the national assembly shall form commissions to study issues under discussion in accordance with the regulations of internal duties. article 89 the house of people shall have the authority to establish a special commission, on the proposal of one-third of its members, to review as well as investigate the actions of the government. the composition and method of operation of the aforementioned commission shall be determined by the regulations on internal duties. article 90 the national assembly shall have the following duties: ratification, modification or abrogation of laws or legislative decrees; approval of social, cultural, economic as well as technological development programs; approval of the state budget as well as permission to obtain or grant loans; creation, modification and or abrogation of administrative units; ratification of international treaties and agreements, or abrogation of membership of afghanistan in them; other authorities enshrined in this constitution. article 91 the house of people shall have the following special authorities: decide about elucidation session from each minister in accordance with article 92 of this constitution; decide on the development programs as well as the state budget; approve or reject appointments according to provisions of this constitution. article 92 the house of people, on the proposal of twenty percent of all its members, shall make inquiries from each minister. if the explanations given are not satisfactory, the house of people shall consider the issue of a no-confidence vote. the no-confidence vote on a minister shall be explicit, direct, as well as based on convincing reasons. the vote shall be approved by the majority of all members of the house of people. article 93 any commission of both houses of the parliament can question any minister about special issues. the individual questioned shall provide an oral or written response. article 94 law shall be what both houses of the national assembly approve and the president endorses, unless this constitution states otherwise. in case the president rejects what the national assembly has approved, the president shall send it back, within 15 days from the date it was presented, to the house of people mentioning the reasons for rejection, and, with expiration of the period or if the house of people re-approves it with 2 thirds of all the votes, the draft shall be considered endorsed and enforceable. article 95 the proposal for drafting laws shall be made by the government or members of the national assembly or, in the domain of regulating the judiciary, by the supreme court, through the government. proposals for drafting the budget and financial affairs laws shall be made only by the government. article 96 if the proposal for drafting a law includes imposition of new taxes or reduction of state incomes, it shall be included in the work agenda of the national assembly on condition the compensation source shall also be forecasted in the text of the proposal. article 97 proposals for drafting laws shall be first submitted to the house of people by the government. the house of people shall consider the draft laws, including budgetary and financial affairs as well as the proposal for obtaining or granting loans, and, after debate, either approve or reject as a whole. the house of people shall not delay more than one month the draft proposal. the house of people, after approving the proposed draft, shall send it to the house of the elders. the house of elders shall decide on it within 15 days. in deciding about the proposed laws, the national assembly shall give priority to treaties and development programs of the state that, according to the proposal of the government, require urgent consideration. if the proposal for drafting a law is made by ten members of either of the two houses, it shall be, after approval of one-fifth of the house where it was initiated, included in the work agenda of that house. article 98 the state budget and development program of the government shall be submitted, through the house of elders to the house of people along with its advisory views. the decision of the house of people shall be implemented without presentation to the house of elders, after endorsement by the president. if for some reasons the budget is not approved before the beginning of the new fiscal year, the budget of the year before shall be applied pending the passage of the new budget. the government shall present during the fourth quarter of the financial year the budget for the next year, with the brief account of the current year budget, to the national assembly. the precise account of the previous year financial budget shall be presented to the national assembly during the next 6 months according to the provisions of the law. the house of people shall not delay approval of the budget for more than 1 month after receiving it and give permission to obtain or grant loans not included in the budget, for more than 15 days. if the house of people during this period does not decide on obtaining or granting loans, the proposal shall be considered approved. article 99 if, during the sessions of the national assembly, the annual budget, or development program, or issues related to national security, territorial integrity and independence of the country is under discussion, the sessions of the assembly shall not end pending decision of the matter. article 100 if one house rejects decisions of the other, a joint commission comprised of an equal number of members from each house shall be formed to solve the difference. the decision of the commission, after endorsement by the president, shall be enforced. if the joint commission does not solve the difference, the decision shall be considered rejected. in such situation, the house of people shall pass it with two-thirds majority in its next session. this decision, without submission to the house of elders, shall be promulgated once endorsement by the president. article 101 no member of the national assembly shall be legally prosecuted for reasons of voting or views expressed during performance of duty. article 102 if a member of the national assembly is accused of a crime, the responsible official shall inform the house of which the accused is a member, and the accused shall be legally prosecuted. in case of an evident crime, the responsible official shall legally pursue and arrest the accused without the permission of the house of which the accused is a member. in both cases, if the legal prosecution requires detention, the responsible official shall immediately inform the respective house and obtain its approval. if the accusation takes place during an assembly recess, the permission for arrest or detention shall be obtained from the administrative board of the respective house, and the issue shall be referred to the first session of the aforementioned house for decision. article 103 the ministers can participate in the sessions of either house of the national assembly. either house of the national assembly can demand the participation of the ministers in its session. article 104 both houses of the national assembly shall convene their sessions concurrently, but separately. sessions of the two houses shall be held jointly under the following circumstances: when the legislative term or annual sessions are inaugurated by the president; when deemed necessary by the president. the president of the house of people shall preside over the joint sessions of the national assembly. article 105 the sessions of the national assembly shall be open unless the president of the assembly or at least 10 members of the national assembly request their secrecy and the assembly grants their request. no one shall enter the national assembly building by force. article 106 the quorum for voting of each house of the national assembly shall be complete with the majority presence of members and decisions shall be taken with the majority of votes of members present, unless this constitution states otherwise. article 107 the national assembly shall hold 2 regular sessions annually. the term of both regular sessions shall be 9 months every year, and when needed, the assembly shall extend its term. extraordinary sessions of the assembly during recess shall be convened by presidential order. article 108 in cases of death, resignation, and dismissal of a member of the national assembly or disability or handicap, which impedes permanent performance of duty, the placement of the new representative for the remaining period of the legislative term shall be in accordance with provisions of the law. matters related to the presence and absence of members of the national assembly shall be regulated by the internal duties statute. article 109 proposals for amending elections law shall not be included in the work agenda of the national assembly during the last year of the legislative term. chapter vi. loya jirga article 110 the loya jirga is the highest manifestation of the will of the people of afghanistan. the loya jirga consists of: members of the national assembly; presidents of the provincial as well as district assemblies. ministers, chief justice and members of the supreme court as well as the attorney general shall participate in the loya jirga sessions without voting rights. article 111 the loya jirga shall convene in the following situations: to decide on issues related to independence, national sovereignty, territorial integrity as well as supreme national interests; amend provisions of this constitution; impeach the president in accordance with the provisions of article 69 of the constitution. article 112 in its first session, the loya jirga shall elect, from amongst its members, a chairperson, a deputy-chair, and a secretary and an assistant secretary. article 113 the quorum of the loya jirga shall be complete for voting with the presence of the majority of members. the decision of the loya jirga, except in situations explicitly stated in this constitution, shall be adopted by a majority of members present. article 114 sessions of the loya jirga shall be open unless one-fourth of its membership demand secrecy, and the loya jirga accept this demand. article 115 during the sessions of the loya jirga, provisions of articles 111 and 112 of this constitution shall be applied to its members. chapter vii. the judiciary article 116 the judiciary shall be an independent organ of the state of the islamic republic of afghanistan. the judiciary shall be comprised of one supreme court, courts of appeal as well as primary courts whose organization and authority shall be regulated by law. the supreme court shall be the highest judicial organ, heading the judicial power of the islamic republic of afghanistan. article 117 the supreme court shall be comprised of nine members, appointed by the president and with the endorsement of the house of people, and in observance of the provisions of clause three of article 50 as well as article 118 of this constitution, shall be initially appointed in the following manner: three members for a period of four years, three members for seven years, and three members for ten years. later appointments shall be for period of ten years. appointment of members for a second term shall not be permitted. the president shall appoint one of its members as chief justice of the supreme court. members of the supreme court, except under circumstances stated in article 127 of this constitution, shall not be dismissed till the end of their term. article 118 supreme court members shall have the following qualifications: at time of appointment the age of the chief justice of the supreme court and its members shall not be less than forty years. shall be a citizen of afghanistan. shall have higher education in legal studies or islamic jurisprudence as well as expertise and adequate experience in the judicial system of afghanistan. shall have good character as well as good reputation. shall not have been convicted, by a court, for crimes against humanity, crimes, or deprivation of civil rights. shall not be a member of any political party during his term of duty. article 119 members of the supreme court shall take the following oath of office in the presence of the president: "in the of god, most gracious, most merciful, i swear in the name of god almighty to attain justice and righteousness in accordance with tenets of the holy religion of islam, provisions of this constitution as well as other laws of afghanistan, and to execute the judicial duty with utmost honesty, righteousness and impartiality." article 120 the authority of the judicial organ shall include consideration of all cases filed by real or incorporeal persons, including the state, as plaintiffs or defendants, before the court in accordance with the provisions of the law. article 121 at the request of the government, or courts, the supreme court shall review the laws, legislative decrees, international treaties as well as international covenants for their compliance with the constitution and their interpretation in accordance with the law. article 122 no law shall, under any circumstances, exclude any case or area from the jurisdiction of the judicial organ as defined in this chapter and submit it to another authority. this provision shall not prevent formation of special courts stipulated in articles 69, 78 and 127 of this constitution, as well as cases related to military courts. the organization and authority of these courts shall be regulated by law. article 123 with respect to the provisions of this constitution, statutes related to the formation, authority, as well as proceedings of courts and matters related to judges, shall be regulated by law. article 124 provision of laws related to civil servants as well as other administrative staff of the state shall also apply to the officials and the administrative personnel of the judiciary; but the supreme court in accordance with the law shall regulate their appointment, dismissal, promotion, retirement, rewards and punishments. article 125 the budget of the judiciary shall be prepared by the supreme court in consultation with the government, and shall be presented to the national assembly as part of the national budget. the supreme court shall implement the budget of the judiciary. article 126 supreme court judges shall receive lifetime pensions at the end of their term of service provided they do not hold state and political offices. article 127 if more than one-third of the members of the house of people demand the trial of the chief justice of the supreme court or any of its members accused of a crime related to job performance or committing a crime, and, the house of people approves this demand by two-thirds majority of all members, the accused shall be dismissed and the issue referred to a special court. the formation of the court and procedure of the trial shall be regulated by law. article 128 in the courts in afghanistan, trials shall be held openly and every individual shall have the right to attend in accordance with the law. in situations clarified by law, the court shall hold secret trials when it considers necessary, but pronouncement of its decision shall be open in all cases. article 129 in issuing decision, the court is obligated to state the reason for its verdict. all final decisions of the courts shall be enforced, except for capital punishment, which shall require presidential approval. article 130 in cases under consideration, the courts shall apply provisions of this constitution as well as other laws. if there is no provision in the constitution or other laws about a case, the courts shall, in pursuance of hanafi jurisprudence, and, within the limits set by this constitution, rule in a way that attains justice in the best manner. article 131 the courts shall apply the shia jurisprudence in cases involving personal matters of followers of the shia sect in accordance with the provisions of the law. in other cases, if no clarification in this constitution and other laws exist, the courts shall rule according to laws of this sect. article 132 judges are appointed at the proposal of the supreme court and approval of the president. appointment, transfer, promotion, punishment and proposals for retirement of judges, carried out according to provisions of the laws, shall be within the authority of the supreme court. to better regulate judicial as well as judicial administrative matters and attain necessary reforms, the supreme court shall establish the office of general administration of the judiciary. article 133 when a judge is accused of a crime, the supreme court shall, in accordance with the provisions of the law, consider the case. after hearing the defense, if the supreme court considers the accusation valid, it shall present a proposal to the president for dismissal of the judge. after presidential approval, the accused judge shall be dismissed and punished according to the provisions of the law. article 134 discovery of crimes shall be the duty of police, and investigation and filing the case against the accused in the court shall be the responsibility of the attorney's office, in accordance with the provisions of the law. the attorney's office shall be part of the executive organ and shall be independent in its performance. the organization, authority as well as method of work of the attorney's office shall be regulated by law. special law shall regulate discovery and investigation of crimes of duty by the armed forces, police and officials of national security. article 135 if a party in lawsuit does not know the language, the right to know the materials and documents of the case as well as conversation in the court, shall be provided in the party's mother tongue through a translator appointed by the court. chapter iix. administration article 136 the administration of the islamic republic of afghanistan, based on the units of the central government and local offices, shall be regulated according to the law. the central administration shall be divided into several administrative units, each headed by a minister. the local administrative unit shall be a province. the number, area, divisions and related provincial organizations as well as number of offices shall be regulated on the basis of population, social and economic conditions, as well as geographical location. article 137 the government, in preserving the principles of centralism, shall transfer necessary powers, in accordance with the law, to local administrations in order to accelerate and improve economic, social as well as cultural matters, and foster peoples' participation in developing national life. article 138 there shall be a provincial council in every province. members of the provincial councils according to law, shall be elected for four years by the residents of the province, proportionate to the population, through free, general, secret as well as direct elections. the provincial council shall elect one of its members as president. article 139 the provincial council shall participate in the attainment of the development objectives of the state and improvement of the affairs of the province in the manner prescribe by laws, and shall advise the provincial administrations on related issues. the provincial assembly council shall perform its duties with the cooperation of the provincial administration. article 140 councils shall be established to organize activities as well as attain active participation of the people in provincial administrations in districts and in villages, in accordance with the provisions of the law. local residents shall elect members of these councils for 3 years through free, general, secret as well as direct elections. participation of nomads in these local councils shall be regulated in accordance with the provisions of the law. article 141 to administer city affairs, municipalities shall be established. the mayor and members of municipal councils shall be elected through free, general, secret and direct elections. matters related to municipalities shall be regulated by law. article 142 to implement the provisions as well as attain values enshrined in this constitution, the state shall establish necessary offices. chapter ix. state of emergency article 143 if because of war, threat of war, serious rebellion, natural disasters or similar conditions, protection of independence and national life become impossible through the channels specified in this constitution, the state of emergency shall be proclaimed by the president, throughout the country or part thereof, with endorsement of the national assembly. if the state of emergency continues for more than two months, the consent of the national assembly shall be required for its extension. article 144 during the state of emergency, the president can, in consultation with the presidents of the national assembly as well as the chief justice of the supreme court, transfer some powers of the national assembly to the government. article 145 during the state of emergency, the president can, after approval by the presidents of the national assembly as well as the chief justice of the supreme court, suspend the enforcement of the following provisions or place restrictions on them: clause two of article 27; article 36; clause two of article 37; clause two of article 38. article 146 the constitution shall not be amended during the state of emergency. article 147 if the presidential term or the legislative term of the national assembly expires during the state of emergency, the new general elections shall be postponed, and the presidential as well as parliamentary terms shall extend up to 4 months. if the state of emergency continues for more than four months, the president shall call the loya jirga. within two months after the termination of the state of emergency, elections shall be held. article 148 at the termination of the state of emergency, measures adopted under article 144 and 145 of this constitution shall be void immediately. chapter x. amendments article 149 the principles of adherence to the tenets of the holy religion of islam as well as islamic republicanism shall not be amended. amending fundamental rights of the people shall be permitted only to improve them. amending other articles of this constitution, with due respect to new experiences and requirements of the time, as well as provisions of articles 67 and 146 of this constitution, shall become effective with the proposal of the president and approval of the majority of national assembly members. article 150 to process the amendment proposals, a commission comprised of members of the government, national assembly as well as the supreme court shall be formed by presidential decree to prepare the draft proposal. to approve the amendment, the loya jirga shall be convened by a presidential decree in accordance with the provisions of the chapter on loya jirga. if the loya jirga approves the amendment with the majority of two-thirds of its members, the president shall enforce it after endorsement. chapter xi. miscellaneous provisions article 151 the president, vice-presidents, ministers, chief justice and members of the supreme court, the attorney general, heads of the central bank and national directorate of security, governors and mayors, during their term of offices, shall not engage in any profitable business with the state. article 152 the president, vice-presidents, ministers, chief justice and members of the supreme court, presidents and members of the national assembly, the attorney general and judges shall not engage in other jobs during their term of office. article 153 judges, attorneys, officers of the armed forces, police and officials of the national security shall not become members of political parties during their term of office. article 154 the wealth of the president, vice-presidents, ministers, members of the supreme court as well as the attorney general, shall be registered, reviewed and published prior to and after their term of office by an organ established by law. article 155 suitable salaries shall be fixed for vice-presidents, ministers, presidents, as well as members of the national assembly and supreme court, judges, and attorney general in accordance with the provisions of the law. article 156 the independent elections commission shall be established to administer and supervise every kind of elections as well as refer to general public opinion of the people in accordance with the provisions of the law. article 157 the independent commission for supervision of the implementation of the constitution shall be established in accordance with the provisions of the law. members of this commission shall be appointed by the president with the endorsement of the house of people. chapter xii. transitional provisions article 158 the title of the father of the nation and privileges bestowed upon his majesty mohammad zahir shah, the former king of afghanistan, by the emergency loya jirga of 1381 (hs), (2002), with due respect to provisions of this constitution, shall be preserved during his lifetime. article 159 the interim period between the adoption of the constitution and the inauguration of the national assembly shall be considered the transition period. the islamic transitional government of afghanistan, during the transitional period, shall perform the following duties: issuing legislative decrees related to elections of the president, national assembly as well as local councils within six months; issuing decrees regarding the organization and authority of courts as well as the commencement of work on fundamental organizations law in less than one year; establishing the independent elections commission; completing necessary reforms to better regulate executive as well as judicial affairs; adopting necessary measures to prepare the ground for implementing provisions of the constitution. article 160 the first president-elect shall, according to provisions of this constitution, commence work thirty days after election results are declared. multilateral efforts shall be made to hold presidential as well as national assembly elections concurrently and simultaneously. pending the establishment of the national assembly, its powers, enshrined in this constitution, shall be submitted to the government, and the interim supreme court shall be established by presidential decree. article 161 immediately after inauguration, the national assembly shall exercise its powers in accordance with the provisions of this constitution. after inauguration of the first session of the national assembly, within thirty days, the government as well as the supreme court shall be inaugurated in accordance with the provisions of the constitution. the president of the islamic transitional government of afghanistan shall perform his duties until the inauguration of the president-elect. the executive and judicial organs of the state, in accordance with clause four of article 159 of this constitution, shall continue with their duties pending the formation of the government as well as the supreme court. legislative decrees enforced from the beginning of the interim period shall be referred to the first session of the national assembly. these decrees shall be enforceable unless annulled by the national assembly. article 162 this constitution shall be enforced from the date of approval by the loya jirga, and endorsed and proclaimed by the president of the islamic transitional government of afghanistan. upon the enforcement of this constitution, laws and legislative decrees contrary to its provisions shall be invalid. preamble the democratic people’s republic of korea is the socialist motherland of juche where the ideas and leadership of the great comrades kim il sung and kim jong il are applied. the great comrade kim il sung was the founder of the democratic people’s republic of korea and the father of socialist korea. comrade kim il sung authored the immortal juche idea and, by organizing and leading the anti-japanese revolutionary struggle under its banner, created the glorious revolutionary traditions and achieved the historic cause of national restoration. he laid solid foundations for the building of an independent and sovereign state in the political, economic, cultural and military fields, and based on them, founded the democratic people’s republic of korea. having put forward juche-oriented revolutionary lines, comrade kim il sung wisely led various stages of social revolution and construction work, thus strengthening and developing the democratic people’s republic of korea into a socialist country centred on the masses, into a socialist state which is independent, self-sufficient and self-reliant in defence. comrade kim il sung elucidated the fundamental principles governing the building and activities of the state, established an ideal state and social system, an ideal mode of politics and an ideal system and ideal methods for administering society, and laid solid foundations for the prosperity of the socialist motherland and for the inheritance and completion of the revolutionary cause of juche. the great comrade kim jong il was a peerless patriot and defender of socialist korea who, true to the ideas and cause of comrade kim il sung, strengthened and developed the democratic people’s republic of korea into kim il sung’s state and placed the dignity and power of the nation on the highest ever plane. comrade kim jong il developed in depth and in an all-round way the immortal juche idea and songun idea authored by comrade kim il sung, further perfecting them as ideas guiding the era of independence, and ensured the continuity of the korean revolution by firmly defending the revolutionary traditions of juche and carrying them forward in their purity and entirety. in the face of the collapse of the world socialist system and the vicious offensive of the imperialist allied forces to stifle the democratic people’s republic of korea, comrade kim jong il administered songun politics; thus he safeguarded with honour the achievements of socialism which are the precious legacy of comrade kim il sung, developed the dprk into an invincible politico-ideological power, a nuclear state and an unchallengeable military power, and opened a broad avenue for the building of a powerful socialist country. regarding “the people are my god” as their maxim, comrades kim il sung and kim jong il always mixed with the people, devoted their whole lives to them and turned the whole of society into a large family which is united in one mind by taking care of the people and leading them through their noble benevolent politics. the great comrades kim il sung and kim jong il are the sun of the nation and the lodestar of national reunification. regarding the reunification of the country as the supreme national task, they devoted all their efforts and care for its realization. they made the democratic people’s republic of korea a powerful bastion for national reunification. at the same time, they set out the fundamental principle and ways of achieving national reunification and developed the movement for national reunification into a nationwide movement, opening the way for completing the cause of reunification through the united efforts of the whole nation. the great comrades kim il sung and kim jong il clarified the basic ideals of the foreign policy of the democratic people’s republic of korea. on the basis of this, they expanded and developed the country’s foreign relations and ensured that the international prestige of the democratic people’s republic of korea was exalted. as veteran world statesmen, they opened up a new era of independence, carried out energetic activities for strengthening and developing the socialist movement and the non-aligned movement, as well as for world peace and for friendship among peoples, and made an imperishable contribution to the cause of human independence. comrade kim il sung and comrade kim jong il were geniuses of ideology and theory, masters of the leadership art, ever-victorious iron-willed brilliant commanders, great revolutionaries and statesmen, and great men. the great ideas of comrade kim il sung and comrade kim jong il and the great achievements made under their leadership are the lasting treasures of the korean revolution and the basic guarantee for the prosperity of the democratic people’s republic of korea, and the kumsusan palace of the sun where comrade kim il sung and comrade kim jong il are preserved in their lifetime appearance is a grand monument to their immortality and a symbol of the dignity and eternal sanctuary of the entire korean nation. under the leadership of the workers’ party of korea, the democratic people’s republic of korea and the korean people will uphold the great comrades kim il sung and kim jong il as the eternal leaders of juche korea, and will carry the revolutionary cause of juche through to completion by defending and carrying forward their ideas and achievements. the socialist constitution of the democratic people’s republic of korea shall, as the codification of the juche-oriented ideas of the great comrades kim il sung and kim jong il on state building and their exploits in it, be called kim il sung and kim jong il constitution. chapter i. politics article 1 the democratic people’s republic of korea is an independent socialist state representing the interests of all the korean people. article 2 the democratic people’s republic of korea is a revolutionary state which has inherited the brilliant traditions formed during the glorious revolutionary struggle against the imperialist aggressors and in the struggle to achieve the liberation of the homeland and the freedom and well-being of the people. article 3 the democratic people’s republic of korea is guided in its activities by the juche idea and the songun idea, a world outlook centred on people, a revolutionary ideology for achieving the independence of the masses of the people. article 4 the sovereignty of the democratic people’s republic of korea resides in the workers, peasants, soldiers, working intellectuals and all other working people. the working people exercise state power through their representative organs–the supreme people’s assembly and local people’s assemblies at all levels. article 5 all state organs in the democratic people’s republic of korea are formed and function on the principle of democratic centralism. article 6 the organs of state power at all levels, from the county people’s assembly to the supreme people’s assembly, are elected on the principle of universal, equal and direct suffrage by secret ballot. article 7 deputies to the organs of state power at all levels have close ties with their constituents and are accountable to them for their work. the electors may recall at any time the deputies they have elected if the latter lose the trust of the former. article 8 the social system of the democratic people’s republic of korea is a people-centred system under which the working people are the masters of everything and everything in society serves them. the state shall defend the interests of the workers, peasants, soldiers, working intellectuals and all other working people who have been freed from exploitation and oppression and become the masters of the state and society, and respect and protect human rights. article 9 the democratic people’s republic of korea shall strive to achieve the complete victory of socialism in the northern half of korea by strengthening the people’s power and vigorously performing the three revolutions–ideological, technological and cultural–and reunify the country on the principle of independence, peaceful reunification and great national unity. article 10 the democratic people’s republic of korea is underpinned by the politico-ideological unity of all the people based on the worker-peasant alliance led by the working class. the state shall revolutionize all the members of society, and assimilate them to the working class by intensifying the ideological revolution, and shall turn the whole of society into a collective, united in a comradely way. article 11 the democratic people’s republic of korea shall conduct all activities under the leadership of the workers’ party of korea. article 12 the state shall adhere to the class line and strengthen the dictatorship of the people’s democracy so as to firmly defend the people’s power and socialist system against all subversive acts of hostile elements at home and abroad. article 13 the state shall implement the mass line and apply the chongsanri spirit and chongsanri method to all its activities, the spirit and method by which superiors assist their subordinates, mix with the masses to find solutions to problems and rouse them to conscious enthusiasm by giving precedence to political work, work with people. article 14 the state shall determinedly conduct the three-revolution red flag movement and other mass movements so as to accelerate the building of socialism to the maximum. article 15 the democratic people’s republic of korea shall champion the democratic national rights of koreans overseas and their rights recognized by international law as well as their interests. article 16 the democratic people’s republic of korea shall guarantee the legal rights and interests of foreigners in its territory. article 17 independence, peace and friendship are the basic ideals of the foreign policy and the principles of the external activities of the democratic people’s republic of korea. the state shall establish diplomatic as well as political, economic and cultural relations with all friendly countries, on the principles of complete equality, independence, mutual respect, non-interference in each other’s affairs and mutual benefit. the state shall promote unity with people all over the world who defend their independence, and resolutely support and encourage the struggles of all people who oppose all forms of aggression and interference and fight for their countries’ independence and national and class emancipation. article 18 the law of the democratic people’s republic of korea reflects the wishes and interests of the working people and is a basic instrument for state administration. respect for the law and strict adherence to and execution of it is the duty of all institutions, enterprises, organizations and citizens. the state shall perfect the system of socialist law and promote the socialist law-abiding life. chapter ii. the economy article 19 the democratic people’s republic of korea relies on socialist relations of production and on the foundation of an independent national economy. article 20 in the democratic people’s republic of korea the means of production are owned by the state and social, cooperative organizations. article 21 the property of the state belongs to all the people. there is no limit to the property which the state can own. all natural resources, railways, air transport service, post and telecommunications establishments, as well as major factories and enterprises, ports and banks of the country are owned solely by the state. the state shall protect and develop on a preferential basis state property which plays the leading role in the economic development of the country. article 22 the property of social, cooperative organizations is collectively owned by the working people involved in the organizations concerned. land, farm machinery and ships, as well as small and medium-sized factories and enterprises may be owned by social, cooperative organizations. the state shall protect the property of social, cooperative organizations. article 23 the state shall enhance the ideological consciousness and the technical and cultural level of the peasants, increase the role of the property of all the people in leading the cooperative property so as to combine the two forms of property in an organic way, and shall consolidate and develop the socialist cooperative economic system by improving the guidance and management of the cooperative economy and gradually transform the property of cooperative organizations into the property of the people as a whole based on the voluntary will of all their members. article 24 private property is property owned and consumed by individual citizens. private property is derived from socialist distribution according to work done and from supplementary benefits granted by the state and society. the products of individual sideline activities including those from kitchen gardens, as well as income from other legal economic activities shall also be private property. the state shall protect private property and guarantee by law the right to inherit it. article 25 the democratic people’s republic of korea regards the steady improvement of the material and cultural standards of the people as the supreme principle of its activities. the increasing material wealth of society in our country, where taxes have been abolished, is used entirely to promote the well-being of the working people. the state shall provide all the working people with every condition for obtaining food, clothing and housing. article 26 the independent national economy of the democratic people’s republic of korea is a solid foundation for the people’s happy socialist life and for the country’s prosperity. the state, adhering to the line of building a socialist, independent national economy, shall endeavor to promote the national economy on a juche-oriented, modern and scientific basis so as to make the national economy a highly developed, juche-oriented economy and build material and technical foundations commensurate with a completely socialist society. article 27 the technological revolution is a basic link for developing the socialist economy. the state shall conduct all economic activities giving primary preference to technical development at all times, push ahead with scientific and technological development and the technical renovation of the national economy and vigorously promote the mass technical innovation movement so as to free the working people from difficult, tiresome labour and to narrow the distinctions between physical and mental labour. article 28 the state shall industrialize and modernize agriculture through the rural technical revolution and improve the role of the county and its guidance and assistance to rural areas in order to eliminate the difference between town and countryside and the class distinction between workers and peasants. the state shall undertake, at its own expense, the building of production facilities for cooperative farms and modern houses in the countryside. article 29 socialism is built by the creative labour of the working people. labour in the democratic people’s republic of korea is independent and creative labour of the working people, freed from exploitation and oppression. the state renders the labour of our working people, to whom unemployment is unknown, more joyful and worthwhile, so that they willingly work with conscious enthusiasm and creativeness for society, the collective and themselves. article 30 the working day shall be eight hours. the length of the working day shall be reduced by the state in arduous trades and other special categories of work. the state shall guarantee that the working hours are fully utilized through proper organization of labour and enforcement of labour discipline. article 31 in the democratic people’s republic of korea the minimum working age is 16 years. the state shall prohibit the employment of those under the minimum working age. article 32 the state shall firmly adhere to the principle of properly combining political guidance with economic and technical guidance, the unified guidance of the state with the creativeness of each unit, unitary direction with democracy, and political and moral incentive with material incentive in the guidance and management of the socialist economy. article 33 the state shall direct and manage the national economy through the taean work system, a socialist form of economic management whereby the economy is operated and managed scientifically and rationally on the basis of the collective efforts of the producer masses, and through the system of agricultural guidance whereby agricultural management is conducted by industrial methods. the state shall enforce the self-accounting system in economic management to meet the requirements of the taean work system, and shall make proper use of such economic levers as cost, price and profit. article 34 the national economy of the democratic people’s republic of korea is a planned economy. the state shall draw up and implement the plans for the development of the national economy in accordance with the laws of socialist economic development so that the balance between accumulation and consumption can be maintained correctly, economic construction accelerated, the people’s standard of living steadily raised and the nation’s defence capabilities strengthened. the state shall ensure a high rate of growth in production and a balanced development of the national economy by implementing unified and detailed planning. article 35 the democratic people’s republic of korea shall compile and implement the state budget according to the national economic development plan. the state shall systematically increase its material accumulation and expand and develop socialist property by intensifying the campaign for increased production and greater economy and by exercising strict financial control in all spheres. article 36 in the democratic people’s republic of korea foreign trade is conducted by the state organs and enterprises, and social, cooperative organizations. the state shall develop foreign trade on the principles of complete equality and mutual benefit. article 37 the state shall encourage institutions, enterprises and organizations in the country to conduct equity or contractual joint ventures with foreign corporations and individuals, and to establish and operate enterprises of various kinds in special economic zones. article 38 the state shall pursue a tariff policy to protect the independent national economy. chapter iii. culture article 39 socialist culture, which is flourishing and developing in the democratic people’s republic of korea, contributes to improving the creative ability of the working people and to meeting their sound cultural and aesthetic demands. article 40 the democratic people’s republic of korea shall, by carrying out a thorough cultural revolution, train all the people to be builders of socialism equipped with a profound knowledge of nature and society and a high level of culture and technology, thus making the whole of society intellectual. article 41 the democratic people’s republic of korea shall develop a truly people-oriented, revolutionary culture which serves the socialist working people. in building a socialist national culture, the state shall oppose the cultural infiltration of imperialism and any tendency to return to the past, protect its national cultural heritage, and develop it in keeping with the existing socialist situation. article 42 the state shall eliminate the way of life inherited from the outmoded society and establish a new socialist way of life in every sphere. article 43 the state shall embody the principles of socialist pedagogy so as to raise the rising generation to be steadfast revolutionaries who will fight for society and the people, to be people of the new, juche type who are knowledgeable, morally sound and physically healthy. article 44 the state shall give precedence to public education and the training of cadres for the nation and closely combine general education with technological education, and education with productive labour. article 45 the state shall develop universal compulsory twelve-year education which includes compulsory one-year preschool education at a high level in accordance with the trend of modern science and technology and the practical requirements of socialist construction. article 46 the state shall train competent technicians and experts by enhancing the regular educational system as well as different forms of studying while working, and by improving the scientific and theoretical levels of technological education and education in the social and basic sciences. article 47 the state shall provide education to all pupils and students free of charge and grant allowances to students at universities and colleges. article 48 the state shall strengthen social education and provide the working people with all conditions for study. article 49 the state shall maintain all children of preschool age in creches and kindergartens at state and public expense. article 50 the state shall establish juche in scientific research, introduce advanced science and technology in every possible way, open up new areas of science and technology and raise the country’s science and technology to the world level. article 51 the state shall elaborate a correct plan to develop science and technology, set up a strict discipline to implement it, and strengthen creative cooperation among scientists, technicians and producers. article 52 the state shall develop juche-oriented, revolutionary art and literature, national in form and socialist in content. the state shall encourage creative workers and artists to produce works of high ideological and artistic value and enlist the broad sections of the masses in literary and artistic activities. article 53 the state shall provide sufficient modern cultural facilities to meet the demands of the people who want to continually improve themselves, both mentally and physically, so that the working people enjoy a full socialist cultured, aesthetic life. article 54 the state shall safeguard our language from all attempts to obliterate it and shall develop it to meet present-day needs. article 55 the state shall thoroughly prepare all the people for work and national defence by popularizing physical culture and sport and making it their daily regime, and augment sporting skills to meet our country’s reality and the trend in modern sporting skills. article 56 the state shall protect the people’s lives and improve the working people’s health by consolidating and developing the system of universal free medical service and improving the district doctor system and the system of preventive medicine. article 57 the state shall adopt measures to protect the environment, giving it preference over production, preserve and promote the natural environment and prevent environmental pollution so as to provide the people with a hygienic living environment and working conditions. chapter iv. national defence article 58 the democratic people’s republic of korea is shored up by the all-people, nationwide defence system. article 59 the mission of the armed forces of the democratic people’s republic of korea is to defend the leadership of the revolution, to safeguard the interests of the working people, to defend the socialist system and the gains of the revolution, and to protect the freedom, independence and peace of the country from foreign aggression by implementing the songun-based revolutionary line. article 60 the state shall implement the line of self-reliant defence, the import of which is to train the army to be a cadre army, modernize the army, arm all the people and fortify the country on the basis of equipping the army and the people politically and ideologically. article 61 the state shall establish a revolutionary command system and military climate, strengthen military and mass disciplines in the army, and give full play to the noble traditional traits of unity between officers and men, combination of the military and political work and unity between the army and the people. chapter v. fundamental rights and duties of citizens article 62 the requirements for becoming a citizen of the democratic people’s republic of korea are defined by the law on nationality. a citizen is under the protection of the democratic people’s republic of korea regardless of domicile. article 63 in the democratic people’s republic of korea the rights and duties of citizens are based on the collectivist principle: “one for all and all for one.” article 64 the state shall effectively guarantee the genuine democratic rights and freedoms as well as the material and cultural well-being of all its citizens. in the democratic people’s republic of korea the rights and freedoms of citizens shall be amplified with the consolidation and development of the socialist system. article 65 citizens enjoy equal rights in all spheres of state and public activity. article 66 all citizens who have reached the age of 17 have the right to elect and to be elected, irrespective of sex, race, occupation, length of residence, property status, education, party affiliation, political views or religious belief. citizens serving in the armed forces also have the right to elect and to be elected. a person who has been disenfranchised by a court decision and a person legally certified insane do not have the right to elect or to be elected. article 67 citizens are guaranteed freedom of speech, the press, assembly, demonstration and association. the state shall guarantee the conditions for the free activities of democratic political parties and social organizations. article 68 citizens have freedom of religious belief. this right is granted through the approval of the construction of religious buildings and the holding of religious ceremonies. religion must not be used as a pretext for drawing in foreign forces or for harming the state or social order. article 69 citizens are entitled to submit complaints and petitions. the state shall investigate and deal with complaints and petitions impartially as stipulated by law. article 70 citizens have the right to work. all able-bodied citizens may choose occupations in accordance with their wishes and skills and are provided with stable jobs and working conditions. citizens work according to their abilities and are paid in accordance with the quantity and quality of their work. article 71 citizens have the right to relaxation. this right is ensured by the establishment of working hours, and the provision of holidays, paid leave, accommodation at health resorts and holiday homes at state expense and by a growing network of cultural facilities. article 72 citizens are entitled to free medical care, and all persons who are no longer able to work because of old age, illness or physical disability, and seniors and minors who have no means of support are all entitled to material assistance. this right is ensured by free medical care, an expanding network of hospitals, sanatoria and other medical institutions, state social insurance and other social security systems. article 73 citizens have the right to education. this right is ensured by an advanced educational system and by the educational measures enacted by the state for the benefit of the people. article 74 citizens are free to engage in scientific, literary and artistic pursuits. the state shall grant benefits to inventors and innovators. copyrights, inventions and patents shall be protected by law. article 75 citizens have freedom of residence and travel. article 76 revolutionary fighters, the families of revolutionary and patriotic martyrs, the families of soldiers of the people’s army and soldiers disabled on duty enjoy the special protection of the state and society. article 77 women are accorded equal social status and rights with men. the state shall afford special protection to mothers and children by providing maternity leave, reduced working hours for mothers with several children, a wide network of maternity hospitals, creches and kindergartens, and other measures. the state shall provide all conditions for women to play their full roles in society. article 78 marriage and the family shall be protected by the state. the state pays great attention to consolidating the family, the basic unit of social life. article 79 citizens are guaranteed inviolability of the person and the home, and privacy of correspondence. no citizen can be placed under control or arrest nor can a citizen’s home be searched without a legal warrant. article 80 the democratic people’s republic of korea shall grant the right of asylum to foreign nationals persecuted for struggling for peace and democracy, national independence and socialism or for the freedom of scientific and cultural pursuits. article 81 citizens shall firmly safeguard the political and ideological unity and solidarity of the people. citizens shall cherish their organization and collective and work devotedly for the good of society and the people. article 82 citizens shall strictly observe the laws of the state and the socialist standards of life and defend their honour and dignity as citizens of the democratic people’s republic of korea. article 83 work is the noble duty and honour of a citizen. citizens shall willingly and conscientiously participate in work and strictly observe labour discipline and working hours. article 84 citizens shall take good care of the property of the state and social, cooperative organizations, combat all forms of misappropriation and waste and manage the nation’s economy diligently as the masters. the property of the state and social, cooperative organizations is inviolable. article 85 citizens shall constantly increase their revolutionary vigilance and devotedly fight for the security of the state. article 86 national defence is the supreme duty and honour of citizens. citizens shall defend the country and serve in the armed forces as required by law. chapter vi. state organs section 1. the supreme people’s assembly article 87 the supreme people’s assembly is the highest organ of state power in the democratic people’s republic of korea. article 88 legislative power is exercised by the supreme people’s assembly. the presidium of the supreme people’s assembly also may exercise legislative power when the supreme people’s assembly is not in session. article 89 the supreme people’s assembly is composed of deputies elected on the principle of universal, equal and direct suffrage by secret ballot. article 90 the supreme people’s assembly is elected for a term of five years. a new supreme people’s assembly is elected according to a decision of the presidium of the supreme people’s assembly prior to the expiry of the former’s term of office. when unavoidable circumstances render an election impossible, the term of office of the supreme people’s assembly is prolonged until an election can be held. article 91 the supreme people’s assembly has the authority to: amend or supplement the constitution; adopt, amend or supplement laws; approve the major laws adopted by the presidium of the supreme people’s assembly, when the supreme people’s assembly is not in session; establish the basic principles of the state’s domestic and foreign policies; elect or recall the chairman of the state affairs commission of the democratic people’s republic of korea; elect or recall the president of the presidium of the supreme people’s assembly; elect or recall the vice-chairmen and members of the state affairs commission on the recommendation of the chairman of the state affairs commission of the democratic people’s republic of korea; elect or recall the vice-presidents, honorary vice-presidents, secretary and members of the presidium of the supreme people’s assembly; elect or recall the premier of the cabinet; appoint the vice-premiers, chairmen, ministers and other members of the cabinet on the recommendation of the premier of the cabinet; appoint or remove the prosecutor general of the central public prosecutors office; elect or recall the president of the central court; elect or recall the chairmen, vice-chairmen and members of the committees of the supreme people’s assembly; deliberate and approve the state plan for the development of the national economy and the report on its implementation; deliberate and approve the state budget and the report on its implementation; hear a report on the work of the cabinet and the central bodies when necessary, and adopt relevant measures; decide on ratification and nullification of treaties suggested to the supreme people’s assembly. article 92 the supreme people’s assembly holds regular and extraordinary sessions. regular sessions are convened once or twice a year by the presidium of the supreme people’s assembly. extraordinary sessions are convened when the presidium of the supreme people’s assembly deems them necessary, or at the request of a minimum of one-third of the total number of deputies. article 93 the supreme people’s assembly requires a quorum of at least two-thirds of the total number of deputies in order to meet. article 94 the supreme people’s assembly elects its speaker and deputy speaker. the speaker presides over the sessions. article 95 items to be considered at the supreme people’s assembly are submitted by the chairman of the state affairs commission, the state affairs commission, the presidium of the supreme people’s assembly, the cabinet and the committees of the supreme people’s assembly of the democratic people’s republic of korea. items can also be presented by deputies. article 96 the first session of each supreme people’s assembly elects the credentials committee and, on hearing the committee’s report, adopts a decision confirming the credentials of deputies. article 97 the supreme people’s assembly issues laws, ordinances and decisions. laws, ordinances and decisions of the supreme people’s assembly are adopted when more than half of the deputies attending signify approval by a show of hands. the constitution is amended or supplemented with the approval of more than two-thirds of the total number of deputies to the supreme people’s assembly. article 98 the supreme people’s assembly appoints the bills committee, the budget committee and other committees. the committees of the supreme people’s assembly consist of chairman, vice-chairman and members. the committees of the supreme people’s assembly assist in the work of the supreme people’s assembly; they plan or deliberate the state policy and bills and take measures for their implementation. the committees of the supreme people’s assembly work under the guidance of the presidium of the supreme people’s assembly during the intervals between sessions of the supreme people’s assembly. article 99 deputies to the supreme people’s assembly are guaranteed inviolability. no deputy to the supreme people’s assembly may be arrested or punished without the consent of the supreme people’s assembly or, when it is not in session, without the consent of its presidium, unless he or she is caught in the act. section 2. the chairman of the state affairs commission of the democratic people’s republic of korea article 100 the chairman of the state affairs commission of the democratic people’s republic of korea is the supreme leader of the democratic people’s republic of korea. article 101 the term of office of the chairman of the state affairs commission of the democratic people’s republic of korea is the same as that of the supreme people’s assembly. article 102 the chairman of the state affairs commission of the democratic people’s republic of korea is the supreme commander of the whole armed forces of the democratic people’s republic of korea and commands and directs all the armed forces of the state. article 103 the chairman of the state affairs commission of the democratic people’s republic of korea has the following duties and authority to: direct the overall affairs of the state; personally guide the work of the state affairs commission; appoint or remove key cadres of the state; ratify or rescind major treaties concluded with other countries; exercise the right of granting special pardon; proclaim a state of emergency, a state of war and mobilization order within the country; organize and direct the national defence committee in wartime. article 104 the chairman of the state affairs commission of the democratic people’s republic of korea issues orders. article 105 the chairman of the state affairs commission of the democratic people’s republic of korea is accountable to the supreme people’s assembly. section 3. the state affairs commission article 106 the state affairs commission is the supreme policy-oriented leadership body of state power. article 107 the state affairs commission consists of the chairman, vice-chairmen and members. article 108 the term of office of the state affairs commission is the same as that of the supreme people’s assembly. article 109 the state affairs commission has the following duties and authority to: discuss and decide important policies of the state, including those for defence building; exercise supervision over the fulfillment of the orders of the chairman of the state affairs commission of the democratic people’s republic of korea and the decisions and directives of the state affairs commission, and take measures for their fulfillment; abrogate decisions and directives of state organs which run counter to the orders of the chairman of the state affairs commission of the democratic people’s republic of korea and the decisions and directives of the state affairs commission. article 110 the state affairs commission issues decisions and directives. article 111 the state affairs commission is accountable to the supreme people’s assembly. section 4. the presidium of the supreme people’s assembly article 112 the presidium of the supreme people’s assembly is the highest organ of state power when the supreme people’s assembly is not in session. article 113 the presidium of the supreme people’s assembly consists of the president, vice-presidents, secretary and members. article 114 the presidium of the supreme people’s assembly may have a few honorary vice-presidents. honorary vice-presidents of the presidium of the supreme people’s assembly may be deputies to the supreme people’s assembly who have participated in the work of state building for a long time and rendered distinguished service. article 115 the term of office of the presidium of the supreme people’s assembly is the same as that of the supreme people’s assembly. the presidium of the supreme people’s assembly continues its work until a new presidium is elected, even after the term of the supreme people’s assembly expires. article 116 the presidium of the supreme people’s assembly has the following duties and authority to: convene sessions of the supreme people’s assembly; deliberate and adopt the new draft bills and regulations and amendments and supplements to the current laws and regulations raised in the intervals between sessions of the supreme people’s assembly and obtain the approval of the next session of the supreme people’s assembly for major laws which are adopted and enforced; deliberate and approve the state plan for the development of the national economy, the state budget and plans for their adjustment raised for unavoidable reasons in the intervals between sessions of the supreme people’s assembly; interpret the constitution as well as current laws and regulations; supervise law observance by the state organs and take relevant measures; rescind the decisions and directives of state bodies which run counter to the constitution, laws, ordinances and decisions of the supreme people’s assembly, orders of the chairman of the state affairs commission of the democratic people’s republic of korea, the decisions and directives of the state affairs commission, and the decrees, decisions and directives of the presidium of the supreme people’s assembly, and suspend the implementation of unwarranted decisions of local people’s assemblies; conduct the election of deputies to the supreme people’s assembly and organize the elections of deputies to the local people’s assemblies; work with the deputies to the supreme people’s assembly; work with the committees of the supreme people’s assembly; set up or abolish commissions and ministries of the cabinet; appoint or remove vice-premiers, chairmen, ministers and other members of the cabinet on the recommendation of the premier of the cabinet when the supreme people’s assembly is not in session; appoint or remove members of committees of the presidium of the supreme people’s assembly; elect or recall the judges and people’s assessors of the central court; approve or nullify treaties concluded with other countries; decide and make public the appointment or recall of diplomatic representatives to other countries; institute decorations, medals, titles of honour and diplomatic ranks and confer decorations, medals and titles of honour; grant general amnesties; establish or alter administrative units and districts; conduct external activities including contacts with foreign parliaments and inter-parliamentary organizations. article 117 the president of the presidium of the supreme people’s assembly organizes and guides the work of the presidium. the president of the presidium of the supreme people’s assembly represents the state and receives the credentials and letters of recall of diplomatic representatives accredited by foreign countries. article 118 the presidium of the supreme people’s assembly convenes plenary meetings and meetings of the permanent committee. the plenary meeting consists of all the members. the meeting of the permanent committee consists of the president, vice-presidents and secretary. article 119 the plenary meeting of the presidium of the supreme people’s assembly deliberates and decides on important matters arising in fulfilling the duties of the presidium and exercising its authority. the meeting of the permanent committee deliberates and decides on matters entrusted to it by the plenary meeting. article 120 the presidium of the supreme people’s assembly issues decrees, decisions and directives. article 121 the presidium of the supreme people’s assembly may have committees to assist it in its work. article 122 the presidium of the supreme people’s assembly is accountable to the supreme people’s assembly. section 5. the cabinet article 123 the cabinet is the administrative and executive body of state power and organ of overall state administration. article 124 the cabinet consists of the premier, vice-premiers, chairmen, ministers and other members as required. the term of office of the cabinet is the same as that of the supreme people’s assembly. article 125 the cabinet has the following duties and authority to: adopt measures for the implementation of state policies; adopt, amend or supplement the regulations on state administration on the basis of the constitution and the laws; direct the work of the commissions and ministries of the cabinet, organs directly under its authority and local people’s committees; establish or abolish organs directly under its authority, major administrative and economic bodies and enterprises, and adopt measures for improving state administration bodies; draft the state plan for the development of the national economy and adopt measures to put it into effect; compile the state budget and adopt measures to implement it; organize and execute the work of industry, agriculture, construction, transport, post and telecommunications, commerce, foreign trade, land administration, municipal administration, education, science, culture, health service, physical culture and sport, labour administration, protection of environment, tourism, and so on; adopt measures to strengthen the monetary and banking system; inspect and control the establishment of order in state administration; adopt measures to maintain public order, protect the property and interests of the state and social, cooperative organizations, and safeguard the rights of citizens; conclude treaties with foreign countries and conduct external affairs; rescind the decisions and directives of administrative and economic bodies which run counter to the decisions and directives of the cabinet. article 126 the premier of the cabinet organizes and guides the work of the cabinet. the premier of the cabinet represents the government of the democratic people’s republic of korea. article 127 the cabinet convenes plenary meetings and meetings of the permanent committee. the plenary meeting of the cabinet consists of all the members of the cabinet. the meeting of the permanent committee consists of the premier, vice-premiers and other members of the cabinet appointed by the premier. article 128 the plenary meeting of the cabinet deliberates and decides on new and important administrative and economic matters. the meeting of the permanent committee deliberates and decides on matters referred to it by the plenary meeting of the cabinet. article 129 the cabinet issues decisions and directives. article 130 the cabinet may have non-permanent committees to assist it in its work. article 131 the cabinet is accountable to the supreme people’s assembly and to the presidium of the supreme people’s assembly when the supreme people’s assembly is not in session. article 132 the newly-elected premier of the cabinet takes an oath of allegiance on behalf of the members of the cabinet at the supreme people’s assembly. article 133 the commissions and ministries of the cabinet are departmental executive bodies of the cabinet and central departmental bodies of administration. article 134 the commissions and ministries of the cabinet supervise and guide the work of the sectors concerned in a uniform way under the guidance of the cabinet. article 135 the commissions and ministries of the cabinet run committee meetings and cadre meetings. the committee meeting and cadre meeting deliberate and decide on the measures for the implementation of the decisions and directives of the cabinet and other important matters. article 136 the commissions and ministries of the cabinet issue directives. section 6. the local people’s assembly article 137 the people’s assembly of a province (or municipality directly under central authority), city (or district) or county is the local organ of state power. article 138 the local people’s assembly consists of deputies elected on the principle of universal, equal and direct suffrage by secret ballot. article 139 the term of office of the people’s assembly of a province (or municipality directly under central authority), city (or district) or county is four years. a new local people’s assembly is elected according to the decision of the local people’s committee at the corresponding level prior to the expiry of the former’s term of office. when unavoidable circumstances render an election impossible, the term of office of the local people’s assembly is prolonged until an election can be held. article 140 the local people’s assembly has the following duties and authority to: deliberate and approve the local plan for the development of the national economy and the report on its implementation; deliberate and approve the local budget and the report on its implementation; adopt measures to observe state laws in the area concerned; elect or recall the chairman, vice-chairmen, secretary and members of the people’s committee at the corresponding level; elect or recall the judges and people’s assessors of the court at the corresponding level; rescind unwarranted decisions and directives of the people’s committee at the corresponding level and the people’s assemblies and people’s committees at lower levels. article 141 the local people’s assembly convenes regular and extraordinary sessions. regular sessions are convened once or twice a year by the people’s committee at the corresponding level. extraordinary sessions are convened when the people’s committee at the corresponding level deems them necessary or at the request of a minimum of one-third of the total number of deputies. article 142 the local people’s assembly requires a quorum of at least two-thirds of the total number of deputies in order to meet. article 143 the local people’s assembly elects its speaker. the speaker presides over the sessions. article 144 the local people’s assembly issues decisions. section 7. the local people’s committee article 145 the people’s committee of a province (or municipality directly under central authority), city (or district) or county exercises the function of the local organ of state power when the people’s assembly at the corresponding level is not in session and the administrative and executive organ of state power at the corresponding level. article 146 the local people’s committee consists of the chairman, vice-chairmen, secretary and members. the term of office of the local people’s committee is the same as that of the corresponding people’s assembly. article 147 the local people’s committee has the following duties and authority to: convene sessions of the people’s assembly; organize the election of deputies to the people’s assembly; work with the deputies to the people’s assembly; implement the decisions and directives of the corresponding local people’s assembly and the people’s committees at higher levels, the laws, ordinances and decisions of the supreme people’s assembly, the orders of the chairman of the state affairs commission of the democratic people’ republic of korea, the decisions and directives of the state affairs commission, the decrees, decisions and directives of the presidium of the supreme people’s assembly and the decisions and directives of the cabinet and the commissions and ministries of the cabinet; organize and carry out all administrative affairs in the given area; draft the local plan for the development of the national economy and adopt measures to implement it; compile the local budget and adopt measures for its implementation; adopt measures to maintain public order, protect the property and interests of the state and social, cooperative organizations and safeguard the rights of citizens in the given area; inspect and control the establishment of order in state administration in the given area; direct the work of the people’s committees at lower levels; rescind unwarranted decisions and directives of the people’s committees at lower levels, and suspend the implementation of unwarranted decisions of the people’s assemblies at lower levels. article 148 the local people’s committee convenes plenary meetings and meetings of the permanent committee. the plenary meeting of the local people’s committee consists of all its members. the meeting of the permanent committee consists of the chairman, vice-chairmen and secretary. article 149 the plenary meeting of the local people’s committee deliberates and decides on important matters arising in implementing its duties and exercising its authority. the meeting of the permanent committee deliberates and decides on the matters referred to it by the plenary meeting. article 150 the local people’s committee issues decisions and directives. article 151 the local people’s committee may have non-permanent committees to assist it in its work. article 152 the local people’s committee is accountable to the corresponding people’s assembly. the local people’s committee is subordinate to the people’s committees at higher levels, the cabinet and the presidium of the supreme people’s assembly. section 8. the public prosecutors office and the court article 153 investigation and prosecution are conducted by the central public prosecutors office, the public prosecutors offices of a province (or municipality directly under central authority), city (or district) or county and the special public prosecutors office. article 154 the term of office of the prosecutor general of the central public prosecutors office is the same as that of the supreme people’s assembly. article 155 public prosecutors are appointed or removed by the central public prosecutors office. article 156 the functions of the public prosecutors office are to: ensure the strict observance of state laws by institutions, enterprises, organizations and citizens; ensure that the decisions and directives of state bodies conform with the constitution, the laws, ordinances and decisions of the supreme people’s assembly, the orders of the chairman of the state affairs commission of the democratic people’s republic of korea, the decisions and directives of the state affairs commission, the decrees, decisions and directives of the presidium of the supreme people’s assembly, and the decisions and directives of the cabinet; identify and institute legal proceedings against criminals and offenders in order to protect the state power of the democratic people’s republic of korea, the socialist system, the property of the state and social, cooperative organizations, personal rights as guaranteed by the constitution and the people’s lives and property. article 157 investigation and prosecution are conducted under the unified direction of the central public prosecutors office, and all public prosecutors offices are subordinate to their higher offices and the central public prosecutors office. article 158 the central public prosecutors office is accountable to the supreme people’s assembly and to the presidium of the supreme people’s assembly when the supreme people’s assembly is not in session. article 159 justice is administered by the central court, the court of a province (or municipality directly under central authority), the city (or district) or county people’s courts, and the special court. verdicts are delivered in the name of the democratic people’s republic of korea. article 160 the term of office of the president of the central court is the same as that of the supreme people’s assembly. the term of office of judges and people’s assessors of the central court, the court of a province (or municipality directly under central authority) and the city (or district) or county people’s courts is the same as that of the people’s assembly at the corresponding level. article 161 the president and judges of the special court are appointed or removed by the supreme court. the people’s assessors of the special court are elected by the soldiers of the unit concerned or by employees at their meetings. article 162 the functions of the court are to: protect through judicial procedure the state power and the socialist system established in the democratic people’s republic of korea, the property of the state and social, cooperative organizations, personal rights as guaranteed by the constitution, and the lives and property of citizens; ensure that all institutions, enterprises, organizations and citizens abide strictly by state laws and staunchly combat class enemies and all law-breakers; give judgements and findings with regard to property and conduct notarial work. article 163 justice is administered by a court consisting of one judge and two people’s assessors. in special cases there may be three judges. article 164 court cases are heard in public and the accused is guaranteed the right of defence. hearings may be closed to the public as stipulated by law. article 165 judicial proceedings are conducted in the korean language. foreign citizens may use their own language during court proceedings. article 166 in administering justice, the court is independent, and judicial proceedings are carried out in strict accordance with the law. article 167 the central court is the highest judicial organ of the democratic people’s republic of korea. the central court supervises the judicial activities of all the courts. article 168 the central court is accountable to the supreme people’s assembly and to the presidium of the supreme people’s assembly when the supreme people’s assembly is not in session. chapter vii. emblem, flag, anthem and capital article 169 the national emblem of the democratic people’s republic of korea bears the design of a grand hydroelectric power station under mt. paektu, the sacred mountain of the revolution, and the beaming light of a five-pointed red star, with ears of rice forming an oval frame, bound with a red ribbon bearing the inscription “the democratic people’s republic of korea.” article 170 the national flag of the democratic people’s republic of korea consists of a central red panel, bordered both above and below by a narrow white stripe and a broad blue stripe. the central red panel bears a five-pointed red star within a white circle near the hoist. the ratio of the width to the length is 1:2. article 171 the national anthem of the democratic people’s republic of korea is “the patriotic song.” article 172 the capital of the democratic people’s republic of korea is pyongyang. preamble in the name of god on high, and with his blessing, and with his help, we hamad bin isa al khalifa, sovereign of the kingdom of bahrain, in line with our determination, certainty, faith, and awareness of our national, pan-arab and international responsibilities; and in acknowledgment of our obligations to god, our obligations to the homeland and the citizens, and our commitment to fundamental principles and our responsibility to mankind. and in implementation of the popular will expressed in the principles enshrined in the national action charter; pursuant to the authority entrusted to us by our great people to amend the constitution; out of our desire to complete the requirements of the democratic system of government for our beloved nation; striving for a better future in which the homeland and the citizen will enjoy greater welfare, progress, development, stability and prosperity through earnest and constructive cooperation between government and citizens which will remove the obstacles to progress; and out of a conviction that the future and working for the future is what all of us seek in the coming state; and in view of our belief that such an objective requires the exertion of efforts; and in order to complete the march, we have amended the existing constitution. this amendment has taken account of all the lofty values and the great human principles enshrined in the national action charter. these values and principles confirm that the people of bahrain surge ahead in their triumphant march towards a bright future, god willing, a future in which the efforts of all parties and individuals unite, and the authorities in their new garb devote themselves to achieve the hopes and aspirations under his tolerant rule, declaring their adherence to islam as a faith, a code of laws and a way of life, with their affiliation to the great arab nation, and their association with the gulf cooperation council now and in the future, and their striving for everything that will achieve justice, good and peace for the whole of mankind. the amendments to the constitution proceed from the premise that the noble people of bahrain believe that islam brings salvation in this world and the next, and that islam means neither inertness nor fanaticism but explicitly states that wisdom is the goal of the believer wherever he finds it he should take it, and that the qur’an has been remiss in nothing. in order to achieve this goal, it is essential that we listen and look to the whole of the human heritage in both east and west, adopting that which we consider to be beneficial and suitable and consistent with our religion, values and traditions and is appropriate to our circumstances, in the conviction that social and human systems are not inflexible tools and instruments which can be moved unchanged from place to place, but are messages conveyed to the mind, spirit and conscience of man and are influenced by his reactions and their circumstances of his society. thus these constitutional amendments are representative of the advanced cultural thought of our beloved nation. they base our political system on a constitutional monarchy founded on counsel [shura], which in islam is the highest model for governance, and on the people’s participation in the exercise of power, which is the foundation of modern political thought. the ruler, with his perspicacity, chooses certain experienced people to constitute the consultative council (majlis al-shura), and the aware, free and loyal people choose through elections those who make up the chamber of deputies (majlis al-nuwwab), and thus the two chambers together achieve the popular will represented by the national assembly (al-majlis al-watani). these constitutional amendments undoubtedly reflect the joint will of the king and the people, and achieve for everyone the lofty ideals and the great humanitarian principles contained in the national action charter, and ensure that the people will advance to the high position for which their ability and preparedness qualify them, and which accords with the greatness of their history, and allows them to occupy their appropriate place among the civilized nations of the world. this constitution that we have promulgated contains the amendments that have carried out in accordance with the provisions of the national action charter and that complement all the unamended texts. we have attached an explanation memorandum which will be used to explain its judgment. chapter i. the state article 1 the kingdom of bahrain is fully sovereign, independent islamic arab state whose population is part of the arab nation and whose territory is part of the great arab homeland. its sovereignty may not be assigned or any of its territory abandoned. the regime of the kingdom of bahrain is that of a hereditary constitutional monarchy, which has been handed down by the late sheikh isa bin salman al khalifa to his eldest son sheikh hamad bin isa al khalifa, the king. then forward it will pass to his eldest son, one generation after another, unless the king in his lifetime appoints a son other than his eldest son as successor, in accordance with the provisions of the decree on inheritance stated in the following clause. all provisions governing inheritance are regulated by a special royal decree that will have a constitutional character, and which can only be amended under the provisions of article 120 of the constitution. the system of government in the kingdom of bahrain is democratic, sovereignty being in the hands of the people, the source of all powers. sovereignty shall be exercised in the manner stated in this constitution. citizens, both men and women, are entitled to participate in public affairs and may enjoy political rights, including the right to vote and to stand for elections, in accordance with this constitution and the conditions and principles laid down by law. no citizen can be deprived of the right to vote or to nominate oneself for elections except by law. this constitution may be amended only partly, and in the manner provided herein. article 2 the religion of the state is islam. the islamic shari’a is a principal source for legislation. the official language is arabic. article 3 the state flag, emblem, logos, honors and national anthem are laid down by law. chapter ii. basic constituents of society article 4 justice is the basis of government. cooperation and mutual respect provide a firm bond between citizens. freedom, equality, security, trust, knowledge, social solidarity and equality of opportunity for citizens are pillars of society guaranteed by the state. article 5 the family is the basis of society, deriving its strength from religion, morality and love of the homeland. the law preserves its lawful entity, strengthens its bonds and values, under its aegis extends protection to mothers and children, tends the young and protects them from exploitation and safeguards them against moral, bodily and spiritual neglect. the state cares in particular for the physical, moral and intellectual development of the young. the state guarantees reconciling the duties of women towards the family with their work in society, and their equality with men in political, social, cultural, and economic spheres without breaching the provisions of islamic canon law (shari’a). the state guarantees the requisite social security for its citizens in old age, sickness, disability, orphanhood, widowhood or unemployment, and also provides them with social insurance and health care services. it strives to safeguard them against ignorance, fear and poverty. inheritance is a guaranteed right governed by the islamic shari’a. article 6 the state safeguards the arab and islamic heritage. it contributes to the advancement of human civilization and strives to strengthen the bonds between the islamic countries, and to achieve the aspirations of the arab nation for unity and progress. article 7 the state sponsors the sciences, humanities and the arts, and encourages scientific research. the state also guarantees educational and cultural services to its citizens. education is compulsory and free in the early stages as specified and provided by law. the necessary plan to combat illiteracy is laid down by law. the law regulates care for religious and national instruction in the various stages and forms of education, and at all stages is concerned to develop the citizen’s personality and his pride in his arabism. individuals and bodies may establish private schools and universities under the supervision of the state and in accordance with the law. the state guarantees the inviolability of the places of learning. article 8 every citizen is entitled to health care. the state cares for public health and the state ensures the means of prevention and treatment by establishing a variety of hospitals and health care institutions. individuals and bodies may establish private hospitals, clinics or treatment centers under the supervision of the state in accordance with the law. article 9 ownership, capital and work—in accordance with the principles of islamic justice— are basic constituents of the social entity of the state and the national wealth, and are all individual rights with a social function regulated by law. public funds are inviolate, and it is the duty of every citizen to protect them. private ownership is protected. no one shall be prevented from disposing of his property within the limits of the law. no one shall be dispossessed of his property except for the public good in the cases specified and the manner stated by law and provided that he is fairly compensated. public expropriation of funds is prohibited, and private expropriation shall be a penalty only by judicial ruling in the cases prescribed by law. the relationship between the owners of land and real estate and their tenants shall be regulated by law on economic principles while observing social justice. the state shall endeavor to provide housing for citizens with limited income. the state shall make the necessary arrangements to ensure the exploitation of land suitable for productive farming, and shall strive to raise the standards of farmers. the law lays down how small farmers are to be helped and how they can own their land. the state shall take the necessary measures for the protection of the environment and the conversation of wildlife. article 10 the national economy is based on social justice, and it is strengthened by fair cooperation between public and private business. its objective, within the limits of the law, is economic development according to a well-ordered plan and achievement of prosperity for the citizens, all within the bounds of the law. the state endeavors to achieve the economic union of the gulf cooperation council states and the states of the arab league, and everything that leads to rapproachment, cooperation, coordination and mutual assistance among them. article 11 all natural wealth and resources are state property. the state shall safeguard them and exploit them properly, while observing the requirements of the security of the state and of the national economy. article 12 the state guarantees the common liability of society in bearing the burdens arising from public disasters and ordeals, and for compensating those affected by war damage or as a result of performing their military duties. article 13 work is the duty of every citizen, is required by personal dignity and is dictated by the public good. every citizen has the right to work and to choose the type of work within the bounds of public order and decency. the state guarantees the provision of job opportunities for its citizens and the fairness of work conditions. compulsory work cannot be imposed on any person except in the cases specified by law for national exigency and for a fair consideration, or pursuant to a judicial ruling. the law regulates the relationship between employees and employers on economic basis while observing social justice. article 14 the state encourages cooperation and saving, and supervises the regulation of credit. article 15 taxes and public costs are based on social justice, and their payment is a duty under the law. the law regulates exemption of low incomes from taxes in order to ensure that a minimum standard of living is safeguarded. article 16 public jobs are a national service entrusted to their incumbents, and state employees shall have the public interest in mind when performing their jobs. foreigners shall not be entrusted with public posts except in those cases specified by law. citizens are equal in the assumption of public posts in accordance with the conditions specified by law. chapter iii. public rights and duties article 17 bahraini nationality shall be determined by law. a person inherently enjoying his bahraini nationality cannot be stripped of his nationality except in case of treason, and such other cases as prescribed by law. it is prohibited to banish a citizen from bahrain or prevent him from returning to it. article 18 people are equal in human dignity, and citizens are equal before the law in public rights and duties. there shall be no discrimination among them on the basis of sex, origin, language, religion or creed. article 19 personal freedom is guaranteed under the law. a person cannot be arrested, detained, imprisoned or searched, or his place of residence specified or his freedom of residence or movement restricted, except under the provisions of the law and under judicial supervision. a person cannot be detained or imprisoned in locations other than those designated in the prison regulations covered by health and social care and subject to control by the judicial authority. no person shall be subjected to physical or mental torture, or inducement, or undignified treatment, and the penalty for so doing shall be specified by law. any statement or confession proved to have been made under torture, inducement, or such treatment, or the threat thereof, shall be null and void. article 20 there shall be no crime and no punishment except under a law, and punishment only for acts committed subsequent to the effective date of the law providing for the same. punishment is personal. an accused person is innocent until proved guilty in a legal trial in which he is assured of the necessary guarantees to exercise the right of defence at all stages of the investigation and trial in accordance with the law. it is forbidden to harm an accused person physically or mentally. every person accused of an offense must have lawyer to defend him with his consent. the right to litigate is guaranteed under the law. article 21 the extradition of political refugees is prohibited. article 22 freedom of conscience is absolute. the state guarantees the inviolability of worship, and the freedom to perform religious rites and hold religious parades and meetings in accordance with the customs observed in the country. article 23 freedom of opinion and scientific research is guaranteed. everyone has the right to express his opinion and publish it by word of mouth, in writing or otherwise under the rules and conditions laid down by law, provided that the fundamental beliefs of islamic doctrine are not infringed, the unity of the people is not prejudiced, and discord or sectarianism is not aroused. article 24 with due regard for the provisions of the preceding article, the freedom of the press, printing and publishing is guaranteed under the rules and conditions laid down by law. article 25 dwellings are inviolate. they cannot be entered or searched without the permission of their occupants exception in cases of maximum necessity as laid down and in the manner provided by law. article 26 the freedom of postal, telegraphic, telephonic and electronic communication is safeguarded and its confidentiality is guaranteed. communications shall not be censored or their confidentiality breached except in exigencies specified by law and in accordance with procedures and under guarantees prescribed by law. article 27 the freedom to form associations and unions on national principles, for lawful objectives and by peaceful means is guaranteed under the rules and conditions laid down by law, provided that the fundamentals of the religion and public order are not infringed. no one can be forced to join any association or union or to continue as a member. article 28 individuals are entitled to assemble privately without a need for permission or prior notice, and no member of the security forces may attend their private meetings. public meetings, parades and assemblies are permitted under the rules and conditions laid down by law, but the purposes and means of the meeting must be peaceful and must not be prejudicial to public decency. article 29 any individual may address the public authorities in writing over his signature. group approaches to the authorities may only be made by statutory bodies and corporate persons. article 30 peace is the objective of the state. the safety of the nation is part of the safety of the arab homeland as a whole, and its defense is a sacred duty of every citizen. performance of military service is an honor for citizens and is regulated by law. only the state may establish the defense force, national guard, and public security services. non-citizens are assigned such tasks only in case of maximum necessity and in the manner prescribed by law. general or partial mobilization shall be regulated by law. article 31 the public rights and freedoms stated in this constitution may only be regulated or limited by or in accordance with the law, and such regulation or limitation may not prejudice the essence of the right or freedom. chapter iv. public authorities general provisions article 32 the system of government rests on a separation of the legislative, executive and judicial authorities while maintaining cooperation between them in accordance with the provisions of this constitution. none of the three authorities may assign all or part of its powers stated in this constitution. however, limited legislative delegation for a particular period and specific subject(s) is permissible, whereupon the powers shall be exercised in accordance with the provisions of the delegation law. legislative authority is vested in the king and the national assembly in accordance with the constitution. executive authority is vested in the king together with the council of ministers and ministers, and judicial rulings are issued in his name, the whole being in accordance with the provisions of the constitution. section 1. the king article 33 the king is head of state, and its nominal representative, and his person is inviolate. he is the loyal protector of the religion and the homeland, and the symbol of national unity. the king safeguards the legitimacy of the government and the supremacy of the constitution and the law, and cares for the rights and freedoms of individuals and organizations. the king exercises his powers directly and through his ministers. ministers are jointly answerable to him for general government policy, and each minister is answerable for the business of his ministry. the king appoints and dismisses the prime minister by royal order, and appoints and dismisses ministers by royal decree as proposed by the prime minister. the cabinet shall be re-formed as aforesaid in this article at the state of each legislative season of the national assembly. the king appoints and dismisses members of the consultative council by royal order. the king is the supreme commander of the defence force. he commands it and charges it with national tasks within the homeland and outside it. the defence force is directly linked to the king, and maintains the necessary secrecy in its affairs. the king chairs the higher judicial council. the king appoints judges by royal orders, as proposed by the higher judicial council. the king awards honors and decorations in accordance with the law. the king establishes, grants and withdraws civilian and military ranks and other honorary titles by royal order, and can delegate others to carry out these functions on his behalf. the currency is issued in the name of the king in accordance with the law. on ascending the throne, the king takes the following oath at a special meeting of the national assembly: “i swear by almighty god that i shall respect the constitution and the laws of the state, that i shall defend the freedoms, interests and assets of the people, and that i shall safeguard the independence of the nation and the integrity of its territories.” the royal court is attached to the king. a royal order shall be issued to regulate it. its budget and the rules for the budget’s control are set by a special royal decree. article 34 in the event of his absence abroad and the inability of the crown prince to act for him, the king shall appoint a deputy by royal order to exercise his powers during his period of absence. this order may include a special regulation for the exercise of these powers on his behalf or may limit their scope. the conditions and provisions of clause (b) of article 48 of this constitution shall apply to the king’s deputy. if he is a minister or a member of the consultative council or the chamber of deputies, he shall not participate in ministerial or parliamentary business during the period he deputizes for the king. before exercising his powers, the king’s deputy shall take the oath prescribed in the preceding article, including the phrase: “and i shall be loyal to the king.” the oath shall be taken in the national assembly, and if not it shall be taken before the king. the crown prince shall take this oath once, even if he deputizes for the king a number of times. article 35 the king may amend the constitution, propose laws, and is the authority for their ratification and promulgation. a law shall be deemed ratified and the king shall promulgate it if six months have elapsed from the date on which it was submitted to him by the consultative council and chamber of deputies without it being returned to these chambers for reconsideration. with due regard for the provisions pertaining to amendment of the constitution, if within the interval prescribed in the preceding clause the king returns to the consultative council and the chamber of deputies for reconsideration the draft of any law by way of decree in justification, he shall state whether it should be reconsidered in that same session or the next. if the consultative council and the chamber of deputies, or the national assembly, re-approve the draft by a majority of two-thirds of their members, the king shall ratify it, and shall promulgate it within one month of its approval for the second time. article 36 aggressive war is forbidden. a defensive war is declared by a decree which shall be presented to the national assembly immediately upon its declaration, for a decision on the conduct of the war. a state of national safety or martial law shall be proclaimed only by decree. in all cases, martial law cannot be proclaimed for a period exceeding three months. this period may not be renewed except with the consent of the majority of the members of the national assembly present. article 37 the king shall conclude treaties by decree, and shall communicate them to the consultative council and the chamber of deputies forthwith accompanied by the appropriate statement. a treaty shall have the force of law once it has been concluded and ratified and published in the official gazette. however, peace treaties and treaties of alliance, treaties relating to state territory, natural resources, rights of sovereignty, the public and private rights of citizens, treaties pertaining to commerce, shipping and residence, and treaties which involve the state exchequer in non-budget expenditure or which entail amendment of the laws of bahrain, must be promulgated by law to be valid. under no circumstances may a treaty include secret clauses which conflict with those openly declared. article 38 if between the convening of both the consultative council and the chamber of deputies sessions, or during the period in which the national assembly is in recess, any event should occur that requires expediting the adoption of measures that brook no delay, the king may issue relevant decrees that have the force of law, provided they do not contravene the constitution. such decrees must be referred to both the consultative council and the chamber of deputies within one month from their promulgation if the two chambers are in session, or within a month of the first meeting of each of the two new chambers in the event of dissolution or if the legislative term had ended. if the decrees are not so referred, their legal force shall abate retrospectively without a need to issue a relevant ruling. if they are referred to the two chambers but are not confirmed by them their legal force shall also abate retrospectively. article 39 the king shall lay down the regulations for implementation of the laws, by decrees which shall not include amendment or suspension of those laws or exception from their implementation. the law may prescribe a lower instrument than a decree for promulgation of the regulations necessary for their implementation. the king shall lay down the control regulations and the regulations necessary for the organization of public directorates and departments, by decrees in a manner which does not conflict with the laws. article 40 the king shall appoint and dismiss civil servants, military personnel, and political representatives in foreign states and with international organizations, within the bounds and on the conditions prescribed by law, and shall accredit the representatives of foreign states and organizations. article 41 the king may abate or commute a sentence by decree. a total amnesty may be granted only by law, and shall apply to offenses committed before the amnesty was proposed. article 42 the king shall issue the orders for elections to the chamber of deputies in accordance with the provisions of the law. the king shall invite the national assembly to convene by royal order, and shall open its proceedings and bring them a close in accordance with the provisions of the constitution. the king may dissolve the chamber of deputies by decree stating the reasons for dissolution, after consulting the presidents of the consultative council, the chamber of deputies, and the constitutional court. the chamber may not be dissolved for the same reasons again. article 43 the king may conduct a popular referendum on important laws and issues connected with the interests of the state. the issue on which the referendum has been held is considered to have been agreed upon if approved by a majority of those who cast their votes. the result of the referendum shall be binding on all and effective from the date it is declared, and it shall be published in the official gazette. section 2. the executive authority part 1. council of ministers—ministers article 44 the council of ministers shall consist of the prime minister and a number of ministers. article 45 the incumbent of a ministry must be a bahraini, aged not less than 30 years by the gregorian calendar and must enjoy full political and civil rights. unless otherwise provided, the provisions pertaining to ministers apply also to the prime minister. the salaries of the prime minister and ministers shall be laid down by law. article 46 before exercising their powers, the prime minister and ministers shall take the oath prescribed in article 78 of this constitution before the king. and the prime minister shall present the government policy statement within thirty days of taking the constitutional oath before the chamber of deputies, or in its first meeting if it is absent. if the chamber does not approve the policy statement within thirty days by a majority of its members, the government shall resubmit the program to the chamber after making the amendments it determines, within twenty one days from the date of its rejection by the chamber. if the chamber rejects it a second time within a period not exceeding twenty one days through a two-thirds majority of its members, the king shall accept the resignation of the cabinet. if the chamber does not approve the policy statement of the new cabinet, according to the preceding rules and time periods, the king may dissolve the chamber or accept the resignation of the cabinet and appoint a new one, and the chamber must decide to accept or reject the program of the government within the specified period, and if a decision has not been made within the specified period, the chamber shall be considered to have approved the policy statement. article 47 the council of ministers shall oversee state interests, lay down and follow through the implementation of general government policy, and supervise the course of business in the government apparatus. the king shall chair those meetings of the council of ministers which he attends. the prime minister shall supervise performance of the tasks of the council of ministers and the course of its business, implement its decisions and coordinate between the various ministries and integrate their business. relinquishment by the prime minister of his position for any reason shall entail removal of all ministers from their posts. the deliberations of the council of ministers shall be confidential. its decisions shall be adopted when a majority of its members attend and there is a majority of those attending in favor. in the event of a tied vote, the side on which the prime minister’s vote is cast shall prevail. the minority shall abide by the opinion of the majority unless they resign. council decisions shall be submitted to the king for approval in cases where issue of a relevant decree is required. article 48 each minister shall supervise the affairs of his ministry and implement the general government policy in that ministry. he shall also decide the orientation of the ministry and supervise the putting of it into practice. while in charge of his ministry, a minister may not assume any other public office, nor may he even indirectly practice a profession or conduct industrial, commercial or financial business, nor may he participate in contracts concluded by the government or public institutions, or combine his ministerial position with the membership of the board of directors of any company except as a non-remunerated government representative. also during this period the minister may not purchase or rent a state asset even by way of public auction, nor may he lease, sell, or barter any of his assets to the state. article 49 if the prime minister or the minister relinquishes his position for any reason, he shall continue to discharge urgent business of his function until a successor is appointed. article 50 the law shall regulate public institutions and municipal departmental bodies so as to ensure their independence under state direction and supervision. the law shall ensure the municipal departmental bodies an administer and oversee the services that have a local character and are within their area. the state shall direct public welfare institutions for the public good in a manner consistent with general state policy and the interest of its citizens. section 3. the legislative authority national assembly article 51 the national assembly consists of two chambers: the consultative council and the chamber of deputies. part 1. the consultative council article 52 the consultative council consists of forty members appointed by royal decree, in accordance with the procedures, conditions, and the method defined by royal decree. article 53 a member of the consultative council must be a citizen of bahrain, and for naturalized citizens at least ten years must have elapsed since acquiring their citizenship. he must not be a citizen of another country, with the exception of citizens of the member states the cooperation council of the arab states of the gulf, on the condition that his bahraini citizenship be his original citizenship. he must enjoy full civil and political rights, and must be enrolled in an electoral register. his age must not be less than 35 years by the gregorian calendar on the date of appointment, and he must have the requisite experience or have performed a valuable service to the nation. article 54 the term of membership of the consultative council is four years, and members may be reappointed when their term has expired. if for any reason the place of a member of the consultative council becomes vacant before his term is due to expire, the king shall appoint a replacement to serve until the end of the term of his predecessor. any member of the consultative council may ask to be exempted from membership of the council by applying to the president of the council, and the president is to submit the request to the king. membership shall not terminate until the date on which the king accedes to the request. the king shall appoint the president of the consultative council for the same period as the council, and the council shall elect two vice-presidents for each convening period. article 55 the consultative council shall meet when the chamber of deputies meets, and the convening period for both chambers shall be the same. if the chamber of deputies is dissolved, sessions of the consultative council shall be halted. part 2. the chamber of deputies article 56 the chamber of deputies comprises forty members elected by direct, secret general ballot in accordance with the provisions of the law. article 57 a member of the chamber of deputies must meet the following requirements: he must be a citizen of bahrain, and for naturalized citizens at least ten years must have elapsed since acquiring their citizenship. he must not be a citizen of another country, with the exception of citizens of the member states of the cooperation council of the arab states of the gulf, on the condition that his bahraini citizenship be the original citizenship. he must enjoy full civil and political rights, and must be enrolled in the in an electoral register. on the day of his election he must be not less than thirty years of age by the gregorian calendar. he must read and write arabic fluently. his membership of the consultative council or the chamber of deputies must not have been abrogated by decision of the chamber to which he belonged due to loss of confidence and esteem or for being in breach of duties of membership. however, a person whose membership has been abrogated may put himself forward as a candidate if the legislative season during which the decision to abrogate his membership was taken has elapsed, or if the chamber of which he was a member adopts a decision to cancel the impediment to candidature entailed by abrogation of membership upon expiry of the convening period during which the decision to abrogate his membership was taken. article 58 the term of the chamber of deputies is four years by the gregorian calendar from the date of its first session. elections for a new chamber of deputies shall be held during the last four months of that term, while observing the provisions of article 64 of the constitution. a person whose period of membership has ended may be re-elected. the king may, when necessary, extend the legislative season of the chamber of deputies by royal order for a period not exceeding two years. article 59 should a seat in the chamber of deputies become vacant prior to the end of its term, for any reason, a replacement shall be elected within two months of the chamber's announcement of the vacancy, and the new member's term shall last for the remaining term of his predecessor. if the vacancy was caused by the resignation of the member, that member may not nominate himself for the membership in the chamber during the legislative term in which he tendered his resignation. if the vacancy occurs within the final six months of the term of the chamber, a replacement shall not be elected. article 60 at its first session the chamber of deputies shall choose from among its members a president and two vice presidents for the same duration as the chamber’s term. if the place of any of them falls vacant, the chamber shall choose a replacement to serve out his term. in all cases election shall be by an absolute majority of those present. if there is no such majority on the first ballot, the election shall be conducted again between the two who secured the most votes. if a third party tied with the second of the two, he shall participate with them both in the election in the second ballot, and in this case the election shall be by proportional majority. if this proportional majority results in a tie, the chamber shall choose by lot. the first session shall be chaired by the eldest member until such time as a president of the chamber of deputies is elected. article 61 the chamber shall form the committees necessary for its business during the first week of its annual assembly. these committees may exercise their powers while the chamber is in recess. article 62 the court of cassation shall have jurisdiction to rule on challenges relating to elections to the chambers of deputies, in accordance with the relevant law. article 63 the chamber of deputies is the authority competent to accept a resignation from its membership. the resignation shall be deemed final only from when the chamber decides to accept it, and the place shall become vacant from the date of that acceptance. article 64 if the chamber of deputies is dissolved, elections for a new chamber of deputies must be held not later than four months from the date of dissolution. if elections are not held during that period the dissolved chamber of deputies shall regain its full constitutional powers, and meets immediately as though the dissolution never occurred, and shall continue its business until a new chamber is elected. notwithstanding the preceding clause, the king may defer election of the chamber of deputies if there are compelling circumstances whereby the council of ministers considers holding elections is not possible. if the compelling circumstances mentioned in the preceding clause continue, the king, taking the opinion of the council of ministers, may restore the dissolved chamber of deputies and invite it to convene. this chamber of deputies shall be regarded as extend from the date of promulgation of the royal decree restoring it. it shall exercise its full constitutional powers. the provisions of this constitution shall apply to it including those pertaining to completion of the chamber’s term and dissolution. the session the chamber holds in such a case shall be regarded as its first session irrespective of the date of its commencement. article 65 upon a request signed by at least five members of the chamber of deputies, any minister may face interpellation regarding matters within his purview. the interpellation must be conducted in accordance with the terms and conditions determined by the rules of procedure of the chamber of deputies. the interpellation shall be held in the chamber, unless a majority of its membership elects to hold it in the committee concerned. this shall occur at least eight days after the date the request was submitted, unless the minister requests the interpellation be expedited. the interpellation may lead to a vote of confidence in the minister, in accordance with the procedures defined by article (66) of this constitution. article 66 each minister shall be responsible to the chamber of deputies for the business of his ministry. a question of confidence in a minister may be put forward only at his own wish or upon an application signed by at least ten members of the chamber of deputies following the debate of the question put to him, and the chamber may not give its decision on the application until seven days after its submission. if the chamber of deputies decides by a majority of two-thirds of its members to give a vote of no-confidence in a minister, he shall be regarded as having withdrawn from the ministry from the date of the no-confidence vote, and he shall submit his resignation forthwith. article 67 the subject of confidence in the prime minister shall not be raised in the chamber of deputies. if at least ten members of the chamber of deputies submit a request with cause regarding the inability to cooperate with the prime minister, and the majority of the members of the chamber approve, the request shall be forwarded to the secretariat of the chamber for deliberation and submission to the chamber in a period not exceeding two weeks from the date of its receipt. the chamber of deputies may not decide on the matter of cooperation with the prime minister before seven days from the date the request was submitted to it by the secretariat of the chamber. if the chamber of deputies approves by a two-thirds majority vote of its membership the motion of inability to cooperate with the prime minister, the matter is submitted to the king for judgment on whether the prime minister shall be removed from his post and a new cabinet appointed, or the chamber of deputies shall be dissolved. article 68 the chamber of deputies may submit written demands to the government on general matters, and the government must respond in writing within six months, and if compliance is not possible, to explain the reasons. upon a request signed by at least five members of the chamber of deputies, a general topic may be submitted for deliberation and to request clarification on government policy, and for exchanging opinions, according to the rules of procedure of the chamber. the secretariat of the chamber shall append the request to the agenda of the first meeting following the receipt of the request for the chamber to rule on the matter without deliberation. article 69 the chamber of deputies may at any time form commissions of inquiry or delegate one or more of its members to investigate any matter coming within the powers of the chamber stated in the constitution, and the commission or member is to present the findings of the inquiry not later than four months from the date of commencement of the inquiry. ministers and all state employees are to provide such testimony, documents and statements as are asked of them. part 3. provisions common to both chambers article 70 no law shall be promulgated unless approved by both the consultative council and the chamber of deputies, or the national assembly as the situation demands, and ratified by the king. article 71 the national assembly shall convene on the second saturday in the month of october unless the king decides to invite it to convene before this date. article 72 the normal convening period for both the consultative council and the chamber of deputies shall last for at least seven months, and this convening period may not be closed before the budget is approved. article 73 as an exception to the provisions of the two foregoing articles, the national assembly shall convene on the day following the expiry of one month from the date of appointment of the consultative council or election of the chamber of deputies whichever occurs later, unless the king decides to invite it to convene before that date. if the date of convening the national assembly in that period is later than the annual date prescribed in article 71 of the constitution, the convening period prescribed in article 72 of the constitution shall be reduced by the amount of the difference between the two aforesaid dates. article 74 the king shall inaugurate the ordinary convening period of the national assembly with a royal address. he may delegate the crown prince or whomever he decides to inaugurate the convening period and deliver the royal address on his behalf. each of the two chambers shall choose a committee from among its members to prepare the draft reply to the address, and each chamber shall submit its reply to the king after it is approved. article 75 both the consultative council and the chamber of deputies shall be called, by royal decree, to meet in extraordinary session if the king deems it necessary, or if so requested by a majority of members of either chamber. when in extraordinary session the two chambers may not consider matters other than those for which it has been called to convene. article 76 the king shall declare ordinary and extraordinary convening periods closed by royal order. article 77 any meeting of the consultative council or the chamber of deputies which is not held at the prescribed time and place shall be null and void and decisions taken thereat shall be invalid. article 78 every member of the consultative council or the chamber of deputies shall take the following oath in public session, prior to pursuing their work in the chamber or its committees: “i swear by almighty god that i shall be loyal to the country and the king, shall respect the constitution and the laws of the state, shall defend the freedoms, interests and assets of the people, and shall perform my work honestly and sincerely.” article 79 sessions of the consultative council and the chamber of deputies shall be open to the public. they may be held in secret at the request of the government, the president of the chamber, or ten members, and the request shall be debated in secret session. article 80 for a meeting of both the consultative council or the chamber of deputies to be valid, a quorum of more than half the members of each chamber must be present. decisions shall be taken on an absolute majority of members present, except in cases where a special majority is stipulated. in the event of a tied vote, the matter shall be decided in favor of the side that includes the president of the chamber. if the voting relates to the constitution, voting shall be conducted by calling upon members by name. if there is a lack of quorum for either chamber to convene on two successive occasions, the meeting of the chamber shall be deemed valid provided that the number of members attending is not less than one quarter of the chamber’s members. article 81 the prime minister shall present bills to the chamber of deputies, which is entitled to pass, amend or reject the bill. in all cases the bill shall be referred to the consultative council, which is entitled to pass, amend or reject the bill or to accept any amendments which the chamber of deputies had introduced to the bill, or had rejected or amended them. however, priority of debate shall always be given to bills and proposals put forward by the government. article 82 if the consultative council does not approve a bill passed by the chamber of deputies, whether the consultative council’s decision involves rejection, amendment, deletion or addition, the president of the council shall return it to the chamber of deputies for reconsideration. article 83 if the chamber of deputies approves a bill as it was received from the consultative council, the president of the chamber of deputies shall forward it to the prime minister within a period not exceeding two weeks for submission to the king. article 84 the chamber of deputies may reject any amendment made to a bill by the consultative council, and may insist on its previous decision without introducing any new amendments to the bill. in such a case the bill shall be returned to the consultative council for reconsideration. the consultative council may accept the decision of the chamber of deputies or insist on its previous decision. article 85 should the two chambers disagree over a bill twice, the national assembly, presided over by the president of the chamber of deputies, shall convene for deliberation on the disputed clauses, and the bill shall require the approval of the majority of the members of the national assembly present. if the bill is rejected in this manner, it may not be submitted to the national assembly again during the same legislative session. article 86 in all cases in which a bill is approved, the president of the chamber of deputies shall submit it in a period not exceeding two weeks to the prime minister for submission to king. article 87 every bill that regulates economic or financial matters, and the government requests its urgent consideration, shall first be submitted to the chamber of deputies so that it takes a decision on it within fifteen days. when that period elapses, the bill is presented to the consultative council with the opinion of the chamber of deputies if there is such an opinion, so that the consultative council decides on it within a further period of fifteen days. if the two chambers should disagree on the bill in question, the matter is referred to the national assembly for a vote on it within fifteen days. if the national assembly does not reach a decision on it within that period, the king may issue the bill as a decree that has the force of a law. article 88 the prime minister may deliver a statement before the chamber of deputies or the consultative council or any of their committees on a matter within their competence, and he may delegate a minister to do so, and the chamber or committee shall discuss the statement and deliver their remarks on it. article 89 a member of either the consultative council or the chamber of deputies represents the people and cares for public interest. he shall not come under the sway of any authority in his work in the either chamber or its committees. no member of the consultative council or the chamber of deputies shall be called to account for expressing his opinions or ideas in the council or its committees unless the opinion expressed is prejudicial to the fundamentals of the religion or the unity of the nation, or the mandatory respect for the king, or is defamatory of the personal life of any person. other than in case of flagrante delicto, it shall be impermissible during the convening period for any detention, investigation, search, arrest or custodial procedures or any other penal action to be taken against a member except with the permission of the chamber of which he is a member. outside the convening period, permission must be sought from the president of the relevant chamber. the non-issue of a decision by the chamber or its president on the permission which is being sought within one month from the date of receipt of the request shall be regarded as permission. the chamber must be informed of any measures which may be taken under the preceding paragraph while it is convened, and it must invariably be informed at its first session of any action taken against a member during the chamber’s annual recess. article 90 the king may be royal order postpone the convening of the national assembly for not more than two months, and such postponement shall not be repeated more than once in any one convening period. the period of postponement shall not be counted within the convening period provided by article 72 of this constitution. article 91 every member of the chamber of deputies may submit questions in writing to the ministers for clarification on matters within their competence, and the questioner alone may respond once to the answer, and if the minister's response adds anything new, the questioner may comment again. the question may not related to an interest of the questioner or his relatives to the fourth degree, or be made proxy. article 92 fifteen members of the consultative council or the chamber of deputies have the right to request an amendment to the constitution, and any member of either chamber has the right to propose laws, and all laws shall be submitted to the committee within that chamber under whose purview the proposal falls for deliberation and to express their opinion, and should the committee approve the proposal, it shall forward it to the government for restatement as a draft constitutional amendment or bill, for resubmission to the chamber of deputies within six months at most from the date it received it. any proposal for a law which has been presented in accordance with the preceding paragraph and rejected by the chamber to which it was presented may not be rerepresented during the same convening period. article 93 the prime minister and ministers may attend sessions of the consultative council and chamber of deputies, and both chambers shall listen to the prime minister and ministers whenever they ask to speak. they may co-opt such senior officials or their deputies as they may wish. a chamber may require the competent minister to attend when a matter relating to his ministry is being debated. article 94 the regulations for the course of business in both the consultative council and the chamber of deputies and their committees, and the principles governing debate, voting, questioning, cross-examination and all the powers prescribed in the constitution shall be prescribed by law, and similarly the penalties for a member being in breath of regulations or failing to attend chamber or committee sessions without acceptable excuse. each chamber may add to the law that regulates it such supplementary provisions as it sees fit. article 95 maintenance of order within the consultative council and chamber of deputies is a matter for its president. guards shall be allocated to each chamber and they will receive their orders from the chamber’s president. no armed force may enter either chamber of the national assembly or remain in the vicinity of its doors unless so requested by its president. article 96 the remuneration of members of the consultative council and chamber of deputies shall be laid down by law. if this remuneration is amended, such amendment shall not take effect until the start of the next legislative season. article 97 membership of the consultative council and chamber of deputies may not be combined, nor may membership of either chamber be combined with the assumption of public office. other cases of non-combination shall be prescribed by law. article 98 during his period of membership a member of the consultative council or the chamber of deputies may not be appointed to the board of directors of a company or participate in contracts concluded by the government or public institutions except in those cases prescribed by law. nor during that period may he purchase or rent a state asset, or lease, sell or barter any of his assets to the state, unless by way of public auction or invitation to tender or application of the regulations governing expropriation in the public interest. article 99 if a state of incompetence arises with respect to a member of consultative council and the chamber of deputies during his membership, his membership shall be abrogated, and his place become vacant on a decision taken by two-thirds of the members of the chamber of which he is a member. the membership of a member of the consultative council or chamber of deputies may also be abrogated for loss of confidence of esteem or for being in breach of the duties of membership. a decision to abrogate membership must secure a two-thirds majority of the members of the chamber of which he is a member. if taken by the consultative council, the decision shall be submitted to the king for approval. article 100 members of the consultative council and chamber of deputies shall be awarded medals or decorations during their term of membership. part 4. provisions on the convening of the national assembly article 101 in addition to the occasions when both chambers of consultative council and chamber of deputies, that is the national assembly, convene as a congress under the constitution, the king may call such a meeting of his own initiative or at the request of the prime minister. article 102 the president of the chamber of deputies presides over meetings of the national assembly, and in his absence the president of the consultative council shall take his place, followed by the first deputy of the president of the chamber of deputies, followed by the first deputy of the president of the consultative council. article 103 other than in cases in which a special majority is specified by the constitution, the meetings of the national assembly shall not be considered valid except with the attendance of a majority of each chamber, and if the quorum is not reached two consecutive times, the meeting shall be considered valid, on condition that at least a quarter of the membership of each chamber is in attendance. motions are approved by a majority of members present, and if votes are equal, the side wins which has the vote of the president. section 4. the judicial authority article 104 the honor of the judiciary, and the probity and impartiality of judges, is the basis of government and the guarantee of rights and freedoms. no authority shall prevail over the judgment of a judge, and under no circumstances may the course of justice be interfered with. the law guarantees the independence of the judiciary, and the law shall lay down the guarantees of judges and the provisions pertaining to them. the law shall lay down the provisions pertaining to the public prosecution office, the tasks of the office for delivery of formal legal opinions, the preparation of legislation, state representation before the law, and personnel employed on such matters. the provisions governing advocacy shall be regulated by law. article 105 the various types and degrees of the courts shall be regulated by law, and the law shall state their functions and jurisdiction. the law shall regulate the military judiciary and define its competencies in the bahrain defense force, the national guard, and the general security forces. a higher judicial council shall be established by law to supervise the smooth running of work in the courts and their supporting organs. the powers of the higher judicial council in the functional affairs of judicial personnel and the public prosecution office shall be prescribed by law. article 106 a constitutional court shall be established, and shall comprise a president and six members, all of whom are appointed by a royal order for a period specified by the law. the court’s area of competence is to watch over the constitutionality of laws and statutes. the law shall state the regulations that ensure that the members of the court are not liable to dismissal, and specifies the procedures that are followed before the court. the law shall guarantee the right of the government, consultative council, the chamber of deputies and notable individuals and others to challenge before the court the constitutionality of laws and statutes. a ruling by the court that a text in a law or a statute is unconstitutional shall have a direct effect, unless the court specifies a subsequent date for the purpose. thus if the court’s rule on unconstitutionality is related to a text in the penal code then the convictions made on the basis of such a text are deemed null and void. the king may refer to the court any draft laws before they are adopted to determine the extent of their agreement with the constitution. the court’s determination is binding on all state authorities and on everyone. chapter v. financial affairs article 107 public taxes shall only be established, amended and abolished by law, and persons shall only be exempted from paying them wholly or in part in those cases prescribed by law. a person may only be instructed to pay other taxes, duties and costs within the bounds of the law. the provisions governing the collection of taxes, duties and other public monies, and the procedures for their disbursement, shall be prescribed by law. the provisions governing the maintenance and management and the terms for the disposition of state property, and the limits within which any part of such property may be assigned shall be prescribed by law. article 108 public loans shall be contracted by law. the state may lend or guarantee a loan by law within the credit limits prescribed for the purpose in the budget law. local bodies such as municipalities or public institutions may lend, borrow or guarantee a loan in accordance with the laws relevant to them. article 109 the financial year shall be prescribed by law. the government prepares the draft budget, including the state revenues and expenses, and presents it to the chamber of deputies and the consultative council at least two months prior to the end of the fiscal year. following the submission of the draft budget, the financial committees of either chamber shall meet in a joint session to discuss the draft budget with the government, following which each committee submits a separate report to its chamber. the draft budget is presented to the chamber of deputies for discussion and then submitted to the consultative council for review in accordance with the constitution, and amendments to the draft budget are possible in agreement with the government. discussion of the draft budget is on the basis of the itemization contained therein. a budget may be prepared for two years at the most, and none of the public revenues may be assigned to an expense without a law. the state general budget shall be promulgated by law. if the budget law is not promulgated before the beginning of the financial year, the previous budget shall be adheres to until the law’s promulgation, and revenue shall be collected and expenditure disbursed in accordance with the laws in force at the end of that year. under no circumstances may the maximum estimates of expenditure stated in the budget law and laws in amendment thereof be exceeded. article 110 any disbursement which is ex-budget or in excess of the budget estimates must be made by operation of law. article 111 particular sums of money may be allocated to more than one financial year by law if the nature of the disbursement so requires. the approbation for each, as decided by the aforesaid law, shall be tabled in the successive annual budgets of the state. an exceptional budget running for more than one financial year may also be allocated for the disbursement referred to in the preceding clause. article 112 the budget law may not contain any wording establishing a new tax, increasing existing tax, or amending an existing law, or avoiding the promulgation of a law on a matter for which the constitution provides that it shall be regulated by law. article 113 the final account of the financial affairs of the state for the year elapsed shall be submitted firstly to the chamber of deputies during the five months following the end of the financial year. it shall be approved by a decision rendered by both the consultative council and chamber of deputies, accompanied by their observations, and shall be published in the official gazette. article 114 the provisions pertaining to independent public budgets, their appendices, and their final accounts, shall be laid down by law, and they shall be subject to the provisions governing the state budget and its final account. the provisions governing the budgets and final accounts of municipalities and local public institutions shall also be laid down by law. article 115 the government presents to the chamber of deputies and the consultative council, along with the draft budget, a statement of the financial and economic situation of the state, and of the measures taken to implement the existing budget, and its effects on the proposed budget. article 116 a financial control office shall be established by law, and the law shall guarantee its independence. it shall assist the government and the chamber of deputies in controlling the collection of state revenues and the disbursement of its expenditure within the budget limits. the office shall submit an annual report on its business, with its observations, to both the government and the chamber of deputies. article 117 any commitment to exploit a natural resource or a public utility shall be only by operation of law and for a limited time. the preliminary procedures shall ensure that the search and exploration work are facilitated and that openness and competition are realized. any monopoly shall only be awarded by law and for a limited time. article 118 the law shall regulate cash and the banks, and shall regulate weight, measures and standards. article 119 the law shall regulate emoluments, pensions, compensation, relief and remuneration being a charge on the state treasury. chapter vi. general and final provisions article 120 the conditions for amending any rules of this constitution are the approval of the amendment by two-thirds majorities of the memberships of the chamber of deputies and the consultative council, and the validation of the king, with the exception of article (35 items b, c, d) of this constitution. should either chamber refuse the intention or text of the amendment, the national assembly shall convene in the attendance of two-thirds of its membership to discuss the draft amendment, and the condition for approving the draft amendment is the approval of two-thirds of its members. if an amendment to the constitution is refused, it may not be re-submitted earlier than one year from that refusal. it is not permissible to propose an amendment to article 2 of this constitution, and it is not permissible under any circumstances to propose the amendment of the constitutional monarchy and the principle of inherited rule in bahrain, as well as the bi-cameral system and the principles of freedom and equality established in this constitution. the powers of the king stated in this constitution may not be proposed for amendment in an interval during which another person is acting for him. article 121 the application of this constitution does not breach the treaties and agreements which bahrain has concluded with states and international organizations. exceptionally to the provisions of the second clause of article 38 of this constitution, all laws, laws by decrees, decrees, statutes, orders, edicts and circulars that have been issued and are in force prior to the first meeting convened by the national assembly remain proper and valid, unless amended or rescinded in accordance with the regulations prescribed in this constitution. article 122 laws are published in the official gazette within two weeks of their issue, and are enforced one month after the date of their publication, and this period may be shortened or prolonged if the law specifically prescribed it. article 123 it is impermissible to suspend any provision of this constitution except during the proclamation of martial law, and within the limits prescribed by the law. it is not permissible under any circumstances to suspend the convening of the consultative council or the chamber of deputies during that period or to infringe upon the immunity of their members, or during the proclamation of a state of national safety. article 124 the provisions of the laws apply only to what occurs from the date the laws came into force, and have no retroactive effect. the law may state, in articles other than those pertaining to the penal code, that its provisions have a retroactive effect, with the agreement of the majority of the members of both the consultative council and the chamber of deputies, or if circumstances require it, the national assembly. article 125 the amended constitution shall be published in the official gazette, and shall be effective from the date of its publication. preamble we, the people of the republic of belarus, (of belarus), proceeding from the responsibility for the present and future of belarus, recognising ourselves as a full-fledged subject of the international community and confirming our adherence to values common to all mankind, founding ourselves on our inalienable right to self-determination, supported by the centuries-long history of development of belarusian statehood, striving to assert the rights and freedoms of every citizen of the republic of belarus, desiring to maintain civic concord, firm foundations of government by the people and a state based on the rule of law, adopt hereby this constitution the fundamental law of the republic of belarus. section 1. fundamentals of the constitutional system article 1 the republic of belarus is a unitary, democratic, social state based on the rule of law. the republic of belarus exercises supreme control and absolute authority over the whole of its territory and implements an independent domestic and foreign policy. the republic of belarus shall defend its independence and territorial integrity, its constitutional system, and safeguard lawfulness and law and order. article 2 the individual, his rights, freedoms and guarantees to secure them are the supreme value and goal of the society and the state. the state shall assume responsibility before the citizen to create the conditions for free and dignified development of his personality. the citizen shall assume responsibility before the state to discharge unwaveringly the duties imposed upon him by the constitution. article 3 the people shall be the sole source of state power and the bearer of sovereignty in the republic of belarus. the people shall exercise their power directly, through representative and other bodies in the forms and within the confines determined by the constitution. any actions aimed at changing the constitutional system and seizing state power by forcible means or by way of any other violation of the laws of the republic of belarus shall be punishable by law. article 4 democracy in the republic of belarus shall be exercised on the basis of diversity of political institutions, ideologies and opinions. the ideology of political parties, religious or other public associations, social groups may not be made mandatory for citizens. article 5 political parties and other public associations acting within the framework of the constitution and laws of the republic of belarus shall contribute to ascertaining and expressing the political will of the citizens and shall participate in elections. political parties and other public associations shall have the right to use state mass media under the procedure determined by the legislation. the foundation and activities of political parties and other public associations, that aim to change the constitutional system by force or conduct propaganda of war, social, ethnic, religious and racial hatred, shall be prohibited. article 6 state power in the republic of belarus shall be exercised on the principle of its separation into legislative, executive, and judicial powers. state bodies within the confines of their powers, shall be independent: they shall interact among themselves, check and balance one another. article 7 the republic of belarus shall be bound by the principle of supremacy of law. the state and all the bodies and officials thereof shall operate within the confines of the constitution and acts of legislation adopted in accordance therewith. legal acts or specific provisions thereof which have been recognised under the procedure specified by law as contradicting the provisions of the constitution shall have no legal force. normative acts of state bodies shall be published or promulgated by other means specified by law. article 8 the republic of belarus shall recognize the supremacy of the generally recognised principles of international law and shall ensure the compliance of laws therewith. the republic of belarus in conformity with the rules of international law may on a voluntary basis enter interstate formations and withdraw from them. conclusion of treaties that are contrary to the constitution shall not be permitted. article 9 the territory of the republic of belarus shall be the natural condition of the existence and spatial limit of the people's self-determination, and the basis for its prosperity and the sovereignty of the republic of belarus. the territory of belarus shall be integral and inalienable. the territory shall be divided into regions (oblasts), districts, cities and other administrative and territorial units. the administrative and territorial division of the state is determined by the legislation. article 10 a citizen of the republic of belarus shall be guaranteed protection and patronage of the state both in the territory of belarus and beyond. no one may be deprived of citizenship of the republic of belarus or the right to change his citizenship. a citizen of the republic of belarus may not be extradited to a foreign state, unless otherwise provided by treaties to which the republic of belarus is a party. acquisition and loss of the citizenship shall be carried out in accordance with the law. article 11 foreign nationals and stateless persons in the territory of belarus shall enjoy the rights and freedoms and execute duties on equal terms with the citizens of the republic of belarus, unless otherwise specified by the constitution, laws and treaties. article 12 the republic of belarus may grant the right of asylum to persons persecuted in other states for political or religious beliefs or their ethnic affiliation. article 13 property may be state-owned or private. the state shall grant equal rights to all to conduct economic and other activities, except for those prohibited by law, and guarantee equal protection and equal conditions for the development of all forms of ownership. the state shall promote the development of co-operation. the state shall guarantee to all equal opportunities for free utilisation of abilities and property for entrepreneurial and other types of economic activities which are not prohibited by the law. the state shall regulate economic activities in the interests of the individual and society, and shall ensure the direction and co-ordination of state and private economic activity for social purposes. the mineral wealth, waters and forests are the exclusive property of the state. the land for agricultural use is the property of the state. law may determine facilities that are in the ownership of the state only, or establish a special procedure for their transfer to private ownership, or grant the state an exclusive right to conduct certain types of activity. the state shall guarantee the working people the right to participate in management of enterprises, organizations and establishments to enhance their efficiency and improve social and economic living standards. article 14 the state shall regulate relations among social, ethnic and other communities on the basis of the principles of equality before the law and respect of their rights and interests. relations in the social and labour sphere between the bodies of state administration, associations of employers and trade unions shall be exercised on the principles of social partnership and interaction of parties. article 15 the state shall bear responsibility for preserving the historic, cultural and spiritual heritage, and for free development of the cultures of all ethnic communities residing in the republic of belarus. article 16 religions and faiths shall be equal before the law. relations between the state and religious organizations shall be regulated by law with regard to their influence on formation of spiritual, cultural and state traditions of the belarusian people. the activities of religious organisations, their bodies and representatives, that are directed against the sovereignty of the republic of belarus, its constitutional system and civic concord, or involve violation of civil rights and freedoms of its citizens as well as impede the execution of state, public and family duties by its citizens or are detrimental to their health and morality shall be prohibited. article 17 the belarusian and russian languages shall be the official languages of the republic of belarus article 18 in its foreign policy the republic of belarus shall proceed from the principles of equality of states, non-use of force or the threat of force, inviolability of frontiers, peaceful settlement of disputes, non-interference in internal affairs and other generally recognised principles and norms of the international law. the republic of belarus aims at making its territory a nuclear-free zone, and the state neutral. article 19 the symbols of the republic of belarus as a sovereign state shall be its national flag, national emblem and national anthem. article 20 the capital of the republic of belarus is the city of minsk. the status of the city of minsk shall be determined by the law. section 2. individual, society and the state article 21 safeguarding the rights and freedoms of the citizens of the republic of belarus shall be the supreme goal of the state. everyone has the right to a decent standard of living, including appropriate food, clothing, housing and a continuous improvement of conditions necessary to attain this. the state shall guarantee the rights and freedoms of citizens of belarus that are enshrined in the constitution and the laws, and specified by the state's international obligations. article 22 all shall be equal before the law and have the right to equal protection of their rights and legitimate interests without any discriminatin. article 23 restriction of personal rights and freedoms shall be permitted only in the instances specified in law, in the interests of national security, public order, protection of the morals and health of the population as well as rights and freedoms of other persons. no one may enjoy advantages and privileges that are contrary to law. article 24 everyone has the right to life. the state shall protect life of the individual against any unlawful infringements. until its abolition, the death penalty may be applied in accordance with law as an exceptional measure of punishment for especially grave crimes and only in accordance with a court sentence. article 25 the state shall safeguard personal liberty, inviolability and dignity. the restriction or denial of personal liberty is possible in the instances and under the procedure specified in law. a person who has been taken into custody shall be entitled to a judicial investigation into the legality of his detention or arrest. no one shall be subjected to torture or cruel, inhuman or undignified treatment or punishment, or be subjected to medical or other experiments without one's consent. article 26 no one may be found guilty of a crime unless his guilt is proven under the procedure specified in law and established by the verdict of a court of law that has acquired legal force. a defendant shall not be required to prove one's innocence. article 27 no person shall be compelled to be a witness against oneself, members of one's family or next of kin. evidence obtained in violation of the law shall have no legal force. article 28 everyone shall be entitled to protection against unlawful interference with one's private life, including encroachments on the privacy of one's correspondence and telephone and other communications, and on one's honour and dignity. article 29 the right of the people to be secure in their houses and other legitimate effects shall be guaranteed. no person shall have the right, save in due course of law to enter the premises or other legal property of a citizen against one's will. article 30 citizens of the republic of belarus shall have the right to move freely and choose their place of residence within the republic of belarus, to leave it and to return to it without hindrance. article 31 everyone shall have the right independently to determine one's attitude towards religion, to profess any religion individually or jointly with others, or to profess none at all, to express and spread beliefs connected with one's attitude towards religion, and to participate in the performance of acts of worship and religious rituals and rites, which are not prohibited by the law. article 32 marriage, the family, motherhood, fatherhood, and childhood shall be under the protection of the state. on reaching the age of consent women and men shall have the right to enter into marriage on a voluntary basis and start a family. a husband and wife shall be equal in family relationships. parents or persons in loco parentis shall be entitled and required to raise their children and to take care of their health, development and education. no child shall be subjected to cruel treatment or humiliation or used for work that may be harmful to its physical, mental or moral development. children shall care for their parents or persons in loco parentis and render them assistance. children may be separated from their family against the consent of their parents or persons in loco parentis only according to the verdict of the court of law, if the parents or persons in loco parentis fail in their duty towards their children. women shall be guaranteed equal rights with men in their opportunities to receive education and vocational training, promotion in labour, socio-political, cultural and other spheres of activity, as well as in creating conditions safeguarding their labour and health. the young people are guaranteed the right for their spiritual, moral and physical development. the state shall create all necessary conditions for the free and effective participation of the young people in the political, social, economic and cultural development of society. article 33 everyone is guaranteed freedom of thoughts and beliefs and their free expression. no one shall be forced to express one's beliefs or to deny them. no monopolization of the mass media by the state, public associations or individual citizens and no censorship shall be permitted. article 34 citizens of the republic of belarus shall be guaranteed the right to receive, store and disseminate complete, reliable and timely information of the activities of state bodies and public associations, on political, economic, cultural and international life, and on the state of the environment. state bodies, public associations and officials shall afford citizens of the republic of belarus an opportunity to familiarize themselves with material that affects their rights and legitimate interests. the use of information may be restricted by legislation with the purpose to safeguard the honour, dignity, personal and family life of the citizens and the full implementation of their rights. article 35 the freedom to hold assemblies, rallies, street marches, demonstrations and pickets that do not disturb law and order or violate the rights of other citizens of the republic of belarus, shall be guaranteed by the state. the procedure for conducting the above events shall be determined by the law. article 36 everyone shall be entitled to freedom of association. judges, employees of the procurator's office, the staff of bodies of internal affairs, the state supervisory committee and security bodies, as well as service-men may not be members of political parties or other public associations that pursue political goals. article 37 citizens of the republic of belarus shall have the right to participate in the solution of state matters, both directly and through freely elected representatives. the direct participation of citizens in the administration of the affairs of society and the state shall be safeguarded by the holding of referenda, the discussion of draft laws and issues of national and local significance, and by other means specified in law. in instances determined by the law the citizens of the republic of belarus shall take part in the discussion of issues of state and public life at republican and local meetings. article 38 citizens of the republic of belarus shall have the right to vote freely and to be elected to state bodies on the basis of universal, equal, direct or indirect suffrage by secret ballot. article 39 citizens of the republic of belarus, in accordance with their capabilities and vocational training, shall be entitled to equal access to any post in state bodies. article 40 everyone shall have the right to address personal or collective appeals to state bodies. state bodies, as well as the officials thereof, shall consider any appeal and furnish a reply in point of substance within the period specified in law. any refusal to consider an appeal that has been submitted shall be justified in writing. article 41 citizens of the republic of belarus shall be guaranteed the right to work as the worthiest means of an individual's self-assertion, that is, the right to choose of one's profession, type of occupation and work in accordance with one's vocation, capabilities, education and vocational training, and having regard to social needs, and the right to healthy and safe working conditions. the state shall create conditions necessary for full employment of the population. where a person is unemployed for reasons which are beyond one's control, he shall be guaranteed training in new specializations and an upgrading of his qualifications having regard to social needs, and to an unemployment benefit in accordance with the law. citizens shall have the right to protection of their economic and social interests, including the right to form trade unions and conclude collective contracts (agreements), and the right to strike. forced labour shall be prohibited, other than work or service specified in the verdict of a court of law or in accordance with the law on the state of emergency or martial law. article 42 employees shall be guaranteed a just share of remuneration for the economic results of their labour in accordance with the quantity, quality and social significance of such work, but it shall not be less than the level which shall ensure them and their families a life of independence and dignity. women and men and adults and minors shall be entitled to equal remuneration for work of equal value. article 43 working people shall be entitled to holidays. for employees, this right shall be safeguarded by the establishment of a working week of no more than 40 hours, shorter working hours at night and the provision of an annual paid leave and weekly rest days. article 44 the state shall guarantee everyone the right of property and shall contribute to its acquisition. a proprietor shall have the right to possess, enjoy and dispose of assets either individually or jointly with others. the inviolability of property and the right to inherit property shall be protected by law. property acquired in accordance with the law shall be safeguarded by the state. the state shall encourage and protect the savings of citizens and guarantee conditions for the return of deposits. the compulsory alienation of assets shall be permitted only by reason of public need, under the conditions and the procedure specified by law, with timely and full compensation for the value of the alienated assets, and in accordance with a ruling of a court of law. the exercise of the right of property shall not be contrary to social benefit and security, or be harmful to the environment or historical and cultural treasures, or infringe upon the rights and legally protected interests of others. article 45 citizens of the republic of belarus shall be guaranteed the right to health care, including free treatment at state health-care establishments. the state shall make health care facilities accessible to all of its citizens. the right of citizens of the republic of belarus to health care shall also be secured by the development of physical training and sport, measures to improve the environment, the opportunity to use fitness establishments and improvements in occupational safety. article 46 everyone shall be entitled to a conducive environment and to compensation for loss or damage caused by the violation of this right. the state shall supervise the rational utilization of natural resources to protect and improve living conditions, and to preserve and restore the environment. article 47 citizens of the republic of belarus shall be guaranteed the right to social security in old age, in the event of illness, disability, loss of fitness for work and loss of a bread-winner and in other instances specified in law. the state shall display particular concern for veterans of war and labour, as well as for those who lost their health in the defence of national and public interests. article 48 citizens of the republic of belarus shall be entitled to housing. this right shall be safeguarded by the development of state, and private housing and assistance for citizens in the acquisition of housing. the state and local self-government shall grant housing free of charge or at available prices in accordance with the law to citizens who are in need of social protection. no one may be deprived of housing arbitrarily. article 49 everyone shall have the right to education. accessible and free general, secondary and vocation-technical education shall be guaranteed. secondary specialized and higher education shall be accessible to all in accordance with the capabilities of each individual. everyone may, on a competitive basis, obtain the appropriate education at state educational establishments free of charge. article 50 everyone shall have the right to preserve one's ethnic affiliation, and equally, no one may be compelled to define or indicate one's ethnic affiliation. insults to ethnic dignity shall be prosecuted by law. everyone shall have the right to use one's native language and to choose the language of communication. in accordance with the law, the state shall guarantee the freedom to choose the language of education and teaching. article 51 everyone shall have the right to take part in cultural life. this right shall be safeguarded by universal accessibility to the treasures of domestic and world culture that are held in state and public collections and by the development of a network of cultural and educational establishments. freedom of artistic , scientific and technical creativity and teaching shall be guaranteed. intellectual property shall be protected by law. the state shall contribute to the development of culture, scientific and technical research for the benefit of common interests. article 52 everyone in the territory of the republic of belarus shall abide by its constitution and laws and respect national traditions. article 53 everyone shall respect the dignity, rights, liberties and legitimate interests of others. article 54 everyone shall preserve the historical, cultural and spiritual heritage and other national treasures. article 55 it shall be the duty of everyone to protect the environment. article 56 citizens of the republic of belarus shall contribute towards the funding of public expenditure through the payment of state taxes, dues and other payments. article 57 it shall be the responsibility and sacred duty of every citizen of the republic of belarus to defend the republic of belarus. the procedure governing military service, the grounds and conditions for exemption from military service and the substitution thereof by alternative service shall be determined by the law. article 58 no one shall be compelled to discharge duties that are not specified in the constitution of the republic of belarus and its laws or renounce his rights. article 59 the state shall take all measures at its disposal to create the domestic and international order necessary for the exercise in full of the rights and liberties of the citizens of the republic of belarus that are specified in the constitution. state bodies, officials and other persons who have been entrusted to exercise state functions shall take necessary measures to implement and safeguard the rights and liberties of the individual. these bodies and persons shall be held responsible for actions violating the rights and liberties of an individual. article 60 everyone shall be guaranteed protection of one's rights and liberties by a competent, independent and impartial court of law within time periods specified in law. to defend their rights, liberties, honour and dignity, citizens shall be entitled in accordance with the law to recover, through the courts, both property damage and financial compensation for moral injury. article 61 everyone shall have the right in accordance with the international instruments ratified by the republic of belarus to appeal to international organizations to defend their rights and liberties, provided all available interstate means of legal defence have been exhausted. article 62 everyone shall have the right to legal assistance to exercise and defend his rights and liberties, including the right to make use, at any time, of the assistance of lawyers and one's other representatives in court, other state bodies, bodies of local government, enterprises, establishments, organizations and public associations, and also in relations with officials and citizens. in the instances specified in law, legal assistance shall be rendered from public funds. opposition to the rendering of legal assistance shall be prohibited in the republic of belarus. article 63 the exercise of the personal rights and liberties specified in this constitution may be suspended only during a state of emergency or martial law under the procedure and within the limits specified in the constitution and the law. in carrying out special measures during a state of emergency, the rights specified in article 24, part three of article 25 and articles 26 and 31 of the constitution may not be restricted section 3. electoral system. referendum chapter 1. electoral system article 64 the elections of deputies and other persons elected to state office by the people shall be universal: citizens of the republic of belarus who have reached the age of 18 shall be eligible to vote. citizens who are deemed incapable by a court of law or held in places of confinement in accordance with the verdict of a court shall not take part in elections. persons in respect of whom preventive punishment-detention is selected under the procedure specified in the law on criminal proceedings shall not take part in voting. any direct or indirect restrictions on citizens' voting rights in other instances shall be impermissible and punishable by law. the age qualification of deputies and other persons elected to state positions shall be determined by corresponding laws, unless otherwise provided by the constitution. article 65 elections shall be free. a voter shall decide personally whether to take part in elections and for whom to vote. the preparation and conduct of elections shall be open and in public. article 66 elections shall be held according to the principle of equal suffrage. voters shall have equal number of votes. candidates standing for public office shall take part in elections on an equal basis. article 67 elections of deputies shall be direct. deputies shall be elected by citizens directly. article 68 voting at elections shall be secret. the monitoring of voters' preferences while voting is in progress shall be prohibited. article 69 public associations, work collectives and citizens shall have the right to nominate candidates for deputy in accordance with the law. article 70 expenditure incurred in the preparation and conduct of elections shall be covered by the state within the limits of the funds assigned for that purpose. in instances determined by the law, the expenditure for the preparation and conduct of elections may be carried out at the expense of public associations, enterprises, offices, organizations and citizens. article 71 elections shall be conducted by electoral commissions, unless otherwise specified in the constitution. the procedure governing the conduct of elections shall be determined by the laws of the republic of belarus. no elections shall be held during a state of emergency or martial law. article 72 the recall of deputies shall be exercised to the order and instances as determined by the law. the voting for the recall of a deputy shall be exercised to the order determined for the election of the deputy, and on the initiative of no less than 20 percent of the citizens eligible to vote and resident in the corresponding area. the reason and order for the recall of a member of the council of the republic shall be determined by the law. chapter 2. referendum (plebiscite) article 73 national and local referenda may be held to resolve the most important issues of the state and society. article 74 national referenda shall be called on the initiative of the president of the republic of belarus, as well as on the initiative of the council of the republic or house of representatives, which is taken at their separate sittings by a majority of the full number of deputies of each house, or on the initiative of no fewer than 450,000 citizens eligible to vote, including no fewer than 30,000 citizens from each of the regions (oblasts) and city of minsk. the president shall call a national referendum after its submission by the council of the republic and house of representatives in accordance with the law, or by the citizens themselves. the date of the referendum shall be no later than three months since the president issued the decree on holding a referendum. the decisions taken by the national referendum shall be signed by the president of the republic of belarus. article 75 local referenda shall be called by the relevant local representative bodies on their initiative or on the recommendation of no less than ten percent of the citizens who are eligible to vote and resident in the area concerned. article 76 referenda shall be conducted by means of universal, free, equal and secret ballot. citizens of the republic of belarus eligible to vote shall take part in referenda. article 77 the decisions adopted by referendum may be reversed or amended only by means of another referendum, unless otherwise specified by the referendum. article 78 the procedure governing the conduct of national and local referenda and a list of issues that may not be put to a referendum shall be determined by the law of the republic of belarus. section 4. the president, parliament, government, the courts chapter 3. the president of the republic of belarus article 79 the president of the republic of belarus shall be the head of state, the guarantor of the constitution of the republic of belarus, the rights and liberties of man and citizen. the president shall personify the unity of the nation, the implementation of the main guidelines of the domestic and foreign policy, shall represent the state in the relations with other states and international organizations. the president shall provide the protection of the sovereignty of the republic of belarus, its national security and territorial integrity, shall ensure its political and economic stability, continuity and interaction of bodies of state power, shall maintain the intermediation among the bodies of state power. the president shall enjoy immunity, and his honour and dignity shall be protected by the law. article 80 any citizen of the republic of belarus by birth at least 35 years of age who is eligible to vote and has been resident in the republic of belarus for at least ten years to the elections may be elected president. article 81 the president shall be elected directly by the people of the republic of belarus for a term of office of five years by universal, free, equal, direct and secret ballot. presidential candidates shall be nominated by citizens of the republic of belarus where the signatures of no less than 100,000 voters have been collected. presidential elections shall be called by the house of representatives no later than five months and shall be conducted no later than two months prior to the expire of the term of office of the previous president. where the office of the president becomes vacant, elections shall be held no sooner than 30 days and no later than 70 days, from the day on which the office fell vacant. article 82 the elections shall be deemed to have taken place where over half the citizens of the republic of belarus on the electoral roll have taken part in the poll. the president shall be deemed elected where over half the citizens of the republic of belarus who took part in the poll voted for him. where no candidate polls the requisite number of votes, within two weeks a second round of voting shall be conducted between the two candidates who obtained the largest number of votes. the presidential candidate who obtains more than half the votes of those who took part in the second poll shall be deemed to be elected. the procedure governing the conduct of presidential elections shall be determined by the law of the republic of belarus. article 83 the president shall assume office after taking the following oath: assuming the office of president of the republic of belarus, i solemnly swear to faithfully serve the people of the republic of belarus, to respect and safeguard the rights and liberties of man and citizen, to abide by and protect the constitution of the republic of belarus, and to discharge strictly and conscientiously the lofty duties that have been bestowed upon me". the oath shall be administered in a ceremonial setting attended by members of the house of representatives and the council of the republic, the judges of the constitutional, supreme and economic courts no later than two months from the day on which the president is elected. the powers of the previous president shall terminate the moment the president-elect takes the oath. article 84 the president of the republic of belarus shall: call national referenda; call regular and extraordinary elections to the house of representatives, the council of the republic and local representative bodies; dissolve the chambers of the parliament to the order and instances determined by the constitution; appoint six members of the central commission of the republic of belarus on elections and national referenda; form, dissolve and reorganize the administration of the president of the republic of belarus, other bodies of state administration, as well as consultative advisory councils, other bodies attached to the presidency; appoint the prime minister of the republic of belarus with the consent of the house of representatives; determine the structure of the government of the republic of belarus, appoint and dismiss the deputy prime ministers, ministers and other members of the government, take the decision on the resignation of the government, or any of its members; appoint with the consent of the council of the republic the chairperson of the constitutional, supreme and economic courts from among the judges of these courts; appoint with the consent of the council of the republic the judges of the supreme and economic courts, chairperson of the central commission of the republic of belarus on elections and national referenda, the procurator-general, the chairperson and members of the governing board of the national bank; appoint six members of the constitutional court, and other judges of the republic of belarus; dismiss the chairperson and judges of the constitutional, supreme and economic courts, the chairperson of the central commission of the republic of belarus on elections and national referenda, the procurator-general, the chair-person and members of the board of the national bank to the order and instances determined by the law and to the notification of the council of the republic; appoint and dismiss the chairperson of the state supervisory committee; deliver messages to the people of the republic of belarus on the state of the nation and on the guidelines of the domestic and foreign policy; deliver annual messages to the parliament which are not open to discussion at the sittings of the house of representatives and council of the republic; have the right to participate in the sessions of parliament and its bodies; deliver speeches and addresses to parliament at any requested time; have the right to chair the meetings of the government of the republic of belarus; appoint leading officials of bodies of state administration and determine their status; appoint official representatives of the president in the parliament and other officials whose offices are determined by the law, unless otherwise specified in the constitution; resolve issues regarding the granting of citizenship of the republic of belarus, the termination thereof and the granting of asylum; institute state holidays and red-letter days, bestow state awards, ranks and titles; grant pardons to convicted citizens; conduct negotiations and sign international treaties, appoint and recall diplomatic representatives of the republic of belarus in foreign countries and at international organizations; receive the credentials and letters of recall of the accredited diplomatic representatives of foreign countries; in the event of a natural disaster, a catastrophe, or unrest involving violence or the threat of violence on the part of a group of persons or organizations that endangers peoples lives and health or jeopardizes the territorial integrity and existence of the state, declare a state of emergency in the territory of the republic of belarus or in specific areas thereof and submit the decision to the council of the republic for approval within three days; have the right, in instances specified in the law, to defer a strike or suspend it for a period not exceeding three months; sign bills and have the right to the order determined by the constitution to return it or some of its provisions with the objections to the house of representatives; have the right to abolish acts of the government; exercise supervision directly or through specially formed bodies of observance of laws by local organs of administration or self-government and have the right to suspend decisions of local councils of deputies, or abolish decisions of local executive and administrative bodies where they do not conform to the requirements of the law; form and head the security council of the republic of belarus, and appoint and dismiss the state secretary of the security council; be the commander-in-chief of the armed forces of the republic of belarus; appoint and dismiss the supreme command of the armed forces; impose, in the event of military threat or attack, martial law in the territory of the republic of belarus and announce general or partial mobilization with the submission within 3 days of the taken decision for approval of the council of the republic; exercise other powers entrusted to him by the constitution and the laws. article 85 the president shall issue decrees and orders on the basis and in accordance with the constitution which are mandatory in the territory of the republic of belarus. in instances determined by the constitution, the president shall issue decrees which have the force of the law. the president shall ensure directly or through specially formed bodies the execution of the decrees, orders and instructions. article 86 the president may not hold other offices or receive any monetary remuneration other than his salary, apart from royalties for works of science, literature and art. the president shall suspend his membership of political parties and other public associations that pursue political goals during the whole term in office. article 87 the president may tender his resignation at any time. the president's resignation shall be accepted by the house of representatives. article 88 the president of the republic of belarus may be prematurely removed from office where he is persistently incapable to discharge his duties on account of the state of his health. the issue of removing the president shall be taken by a resolution of the house of representatives adopted by a majority of no less than two-thirds of the elected deputies as determined by the constitution and a majority of no less than two-thirds of the full composition as determined by the constitution of the council of the republic on the basis of the findings of an ad hoc commission formed by the chambers of the parliament. the president may be removed from office for acts of state treason and other grave crimes. the decision to file a charge against the president shall be supported by a majority of the whole house of representatives on behalf of no less than one-third of the number of deputies. the investigation of the charge shall be exercised by the council of the republic. the president shall be deemed to be removed from office if the decision is adopted by no less than two-thirds of the full composition of the council of the republic, and no less than two-thirds of the full house of representatives. the failure of the council of the republic and house of representatives to take a decision to remove the president from office within a month since it was initiated shall make the move invalid. the move to remove the president from office may not be initiated in accordance with the provision of the constitution in the course of the hearings on the premature termination of the powers of parliament. where the president is removed in connection with the commission of a crime, the case shall be examined on the merits of the charge by the supreme court. article 89 whether the office of president falls vacant or the president is unable to discharge his duties to the order as determined by the constitution, his power shall be transferred to the prime minister until the president-elect is sworn in. chapter 4. parliament the national assembly article 90 the parliament the national assembly is a representative and legislative body of the republic of belarus. the parliament shall consist of two chambers the house of representatives and the council of the republic. article 91 the house of representatives shall consist of 110 deputies. the election of deputies to the house of representatives shall be carried out in accordance with the law on the basis of universal, equal, free, direct electoral suffrage and by secret ballot. the council of the republic shall be a chamber of territorial representation. the council of the republic shall consist of eight deputies from every region (oblast) and the city of minsk, elected at the meetings of deputies of local councils of deputies of base level of every region (oblast) and the city of minsk from their ranks. eight members of the council of the republic shall be appointed by the president of the republic of belarus. elections for a new composition of the chambers of parliament shall be set no later than four months and held no later than 30 days prior to the expire of the powers of the current parliament. extraordinary elections for the chambers of the parliament shall be held within three months since the premature expire of the powers of the chambers of the parliament. article 92 any citizen of the republic of belarus who has reached the age of 21 may become a deputy of the house of representatives. any citizen of the republic of belarus who has reached the age of 30, and who has been resident on the territory of a corresponding region (oblast), or the city of minsk no less than five years may become a member of the council of the republic. a deputy of the house of representatives shall exercise one's powers in the parliament on a professional basis unless otherwise is determined by the constitution. a deputy of the house of representatives may simultaneously be member of the government. no person may be simultaneously a member of both chambers of the parliament. a member of the house of representatives may not be a member of a local council of deputies. a member of the council of the republic may not be simultaneously a member of the government. no person may exercise one's duties as a member of the house of representatives, or member of the council of the republic and simultaneously hold the office of president or a judge. article 93 the term of the parliament shall be four years. the powers of the parliament may be extended by law only in the event of a war. the first session of parliament after the elections shall be called by the central commission on elections and national referenda and shall be convened no later than 30 days after the elections. the countdown of the thirty day period for calling and beginning of the first session of the house of representatives shall start from the day of the second round of elections for the new parliament. if the second round of elections for the house of representatives is not held, then the countdown of the thirty day period shall start from the day of the first round of general elections in the republic of belarus. the countdown of the thirty day period for calling and convening the first session of the council of the republic shall start from the day of the first meeting of the deputies of the local councils of deputies of base level for the elections of the members of the council of the republic from the regions (oblasts) or the city of minsk. the powers of the house of representatives or the council of the republic may be terminated prematurely to the order as determined by the constitution. with the termination of the powers of the house of representatives or the council of the republic, the president may take the decision to terminate the powers of the house of representatives or the council of the republic consequently. article 94 the powers of the house of representatives may be terminated prematurely where no confidence is expressed or a non-confidence vote is expressed to the government, or where the house fails twice to give its consent for the appointment of the prime minister. the powers of the house of representatives or the council of the republic may be prematurely terminated in accordance with the conclusion of the constitutional court due to systematic and gross violation of the constitution by the chambers of the parliament. the decision to this issue shall be taken by the president after official consultations with the chairs of the chambers. the chambers may not be dissolved during a state of emergency or martial law, in the last six months of the term of office of the president, in the course of proceedings of both chambers on the premature removal of the president from office. both chambers may not be dissolved in the course of the first year since the first sittings were held. article 95 the chambers shall hold their regular sessions twice a year. the first session shall open on 2 october; its duration may not exceed 80 days. the second session shall open on 2 april and its duration may not exceed 90 days. if 2 october or 2 april is a non-working day, then the session shall begin its proceedings on the first following day after the said non-working day. the house of representatives and the council of the republic may in instances of urgent necessity be convened for an extraordinary session to the request of the president, or initiative of no less than a two-thirds majority of the full composition of every chamber for a special agenda. the extraordinary sessions shall be called by the decrees of the president. article 96 the house of representatives shall elect from the ranks of the deputies the chairperson of the house and the deputy. the council of the republic shall elect from the ranks of senators the chairperson of the council of the republic and the deputy. the chairpersons of the house of representatives and the council of the republic, their deputies shall conduct the proceedings and shall be in charge of the regulations of the operation of the chambers. the house of representatives and the council of the republic shall elect from the ranks of the deputies standing committees and other bodies to draft laws, give preliminary consideration to, and prepare issues that fall within the jurisdiction of the chambers. article 97 the house of representatives shall: consider draft laws put forward by the president or submitted by no less than 150 thousand citizens of the republic of belarus, who are eligible to vote, to make amendments and alterations in the constitution and give its interpretation; consider draft laws, including the guidelines of the domestic and foreign policy of the republic of belarus; the military doctrine; ratification and denunciation of international treaties; the fundamental concept and principles of execution of rights, liberties and duties of its citizens; citizenship issues, the status of foreigners and persons without citizenship; the rights of ethnic minorities: the approval of the budget of the republic and the account on its implementation; the introduction of national taxes and dues; the principles of ownership; the basics of social security; the principles regulating labour and employment, marriage, the family, childhood, maternity, paternity, education, upbringing, culture and public health; environmental protection and the rational utilisation of natural resources; determination of the procedure for resolving issues relating to the administrative-territorial structure of the state; local self-government; the administration of justice and the status of judges; issues of criminal responsibility and amnesty; declaration of war and conclusion of peace; martial law and a state of emergency; institution of state awards; interpretation of laws; call elections for the presidency; grant consent to the president concerning the appointment of the prime minister; consider the report of the prime minister on the policy of the government and approve or reject it; a second rejection by the house of the policy of the government shall be deemed as an expression of non-confidence to the government; consider on the initiative of the prime minister a call for a vote of confidence; on the initiative of no less than one-third of the full composition of the house of representatives express a non-confidence vote to the government; the issue of liability of the government may not be discussed in the course of the year after the approval of the programme of government policy; accept the resignation of the president; be entitled with a majority of the full composition of the house of representatives to forward charges of treason or of some other grave crime against the president; on the basis of the decision of the council of the republic and with no less than a two-thirds majority of the full composition of the house take the decision to remove the president from office; cancel the order of the chairperson of the house of representatives. the house of representatives may take decisions on other issues which are determined by the constitution. article 98 the council of the republic shall: approve or reject draft laws adopted by the house of representatives with regard to alterations and addenda to the constitution; and on the interpretation of the constitution, as well as other draft laws; give its consent for the appointment by the president of the chairperson of the constitutional court, chairperson and judges of the supreme court, the chairperson and judges of the supreme economic court, the chairperson of the central commission on elections and national referenda, the procurator-general, the chairperson and members of the national bank; elect six judges of the constitutional court; elect six members of the central commission on elections and national referenda; reverse decisions of local councils of deputies which do not conform to legislation; adopt resolution on the dissolution of local council of deputies where it systematically and flagrantly violates the requirements of the law and other instances determined by the law; consider charges of treason or of some other grave crime forwarded by the house of representatives against the president and take decision on its investigation. given the presence of substantial evidence take the decision to remove the president from office with no less than two-thirds of the full composition of the house; consider presidential decrees on the introduction of a state of emergency, martial law, general or partial mobilisation no later than three days after their submission and take the appropriate decision. the council of the republic may take decisions on other issues determined by the constitution. article 99 the right of legislative initiative shall belong to the president, members of the house of representatives, council of the republic, government, as well as to citizens who are eligible to vote, in a number of no less than 50,000, and is implemented in the house of representatives. draft laws the adoption of which may reduce state resources, or increase expenditures may be introduced in the house of representatives only with the consent of the president or to his assignment by the government. the president or to his assignment the government shall have the right to forward proposals in the house of representatives and council of the republic on the urgency of consideration of a draft law. the house of representatives and council of the republic shall consider in the instance the latter in the course of ten days since its submission. to the request of the president or to his consent the government, the house of representatives and council of the republic shall take decisions at their sessions voting in general for the whole draft law or a part of it, which was forwarded by the president or government preserving only those amendments which were forwarded or accepted by the president or government. article 100 any bill, unless otherwise specified by the constitution, shall be initially considered in the house of representatives and then in the council of the republic. a bill, unless otherwise specified in the constitution, shall become a law after its approval by a majority of votes of the full composition of the house of representatives and the council of the republic. bills adopted by the house of representatives shall be sent to the council of the republic for consideration within five days, where they shall be considered within no more than twenty days unless otherwise specified in the constitution. a bill shall be deemed to have been approved by the council of the republic provided that a majority of votes of the full composition of the council of the republic has been cast for it, or if within twenty days, and in instances of urgency within ten days since its submission, the council of the republic failed to consider it. if the bill is rejected by the council of the republic, both chambers may form a conciliation commission on a parity basis to overcome the existing differences. the text of the bill drafted by the conciliatory commission shall be submitted for approval to both chambers. if the conciliatory commission fails to draft a compromise bill, the president or on his assignment the government may request that the house of representatives take a final decision. the bill shall be deemed to have been adopted by the house of representatives if no less than two-thirds of its full composition has voted for it. a bill adopted by the house of representatives and approved by the council of the republic, or in the instance determined by the present article adopted by the house of representatives shall be submitted to the president for signature within ten days. if the president is in agreement with the bill, he shall sign it. if the president does not return the bill within two weeks since its submission, it shall be deemed to have been signed by the president. the bill shall not be deemed to have been signed and shall be invalid if it failed to be returned to parliament due to the end of the session. if the president does not agree with the text of the bill, he shall return it together with his objections to the house of representatives, which shall consider it with the president's objections within thirty days. if the bill has been adopted by the house of representatives by no less than two-thirds of its full composition, it together with the president's objections and within five days shall be submitted to the council of the republic, which shall consider it for a second hearing within twenty days. the bill shall be deemed to have been approved if no less than two-thirds of the full composition of the council of the republic has voted for it. the bill, after the house of representatives and the council of the republic have overrun the president's objections, shall be signed by the president within five days. the bill shall become a law even if it is not signed by the president within the assigned time. the president's objections to the provisions of the bill, which are returned for a second hearing, shall be considered to the same order. in this instance, prior to the appropriate decision of the house of representatives and the council of the republic the bill shall be signed by the president and become a law without the provisions which have been rejected by the president. article 101 to the proposal of the president, the house of representatives and the council of the republic may adopt a law supported by a majority of the full composition of both chambers, delegating to him legislative powers to issue decrees which have the power of a law. the latter shall determine the subject of the issue and the term of the powers of the president to issue such decrees. there shall be no delegation of powers to the president to issue decrees which provide alterations and addenda to the constitution and its interpretation; alteration and addendum of policy laws; the approval of the national budget and an account of its implementation alterations with regard to the election of the president and parliament, limitation of constitutional rights and liberties of the citizens. the law on delegating legislative powers to the president shall not permit him alteration of the said law, nor shall it permit to adopt regulations which are retroactive. in instances of necessity the president may personally initiate or to the proposal of the government may issue temporary decrees which have the power of law. if such decrees are issued on the initiative of the government, they shall be signed by the prime minister. temporary decrees shall be submitted for further approval within three days of their adoption to the house of representatives, and then to the council of the republic. these decrees shall be valid if they are not rejected by a majority of no fewer than two-thirds of votes of the full composition of both chambers. the chambers may regulate through legislation issues which have emerged due to decrees, which have been abolished. article 102 the deputies of the house of representatives and members of the council of the republic shall enjoy immunity in the expression of their views and execution of their powers. this shall not refer to charges of slander and insult. during the period they exercise their powers the deputies and the members of council of the republic may be arrested or deprived of personal liberty in other manner only with the prior consent of the appropriate chamber with the exception of instances of high treason, or some other grave crime, as well as detention at the site where the crime was committed. a criminal case involving a deputy of the house of representatives or a member of the council of the republic shall be tried by the supreme court. article 103 sittings of the chambers shall be open. the chambers in the instance of state interests, may take the decision to hold a closed session by majority of the full composition of the corresponding chamber. the president, his representatives, the prime minister and members of the government shall address the sessions out of turn as many times as they deem it necessary. one sitting monthly shall be reserved for question time to the government for the deputies of the houses of representatives and members of the council of the republic. a deputy of the house of representatives, or member of the council of the republic shall have the right to make an inquiry to the prime minister or members of the government and the heads of state bodies which are formed or elected by parliament. the inquiry shall be included in the agenda of the chamber. the answer to the inquiry shall be given within twenty days of the current session to the order determined by the chamber of the parliament. the sitting of the chamber shall be deemed qualified if no less than two-thirds of the number of elected deputies of the houses of representatives or members of the council of the republic are present. voting in the house of representatives and council of the republic shall be open and exercised by the deputy of the house or member of the council of the republic in person by a 'yes' vote or a 'nay' vote. a secret vote shall be held only in the instance of addressing personnel issues. article 104 decisions of the house of representatives shall be taken by laws or enactments. enactments of the house of representatives shall be taken with regard to issues of order and supervision. the decisions of the council of the republic shall be taken in the form of enactments. the decisions of the chambers shall be deemed to have been adopted by a majority of the full composition of the chambers unless otherwise specified in the constitution. laws with regard to basic guidelines of domestic and foreign policy of the republic of belarus and military doctrine thereof shall be considered of policy character and shall be deemed to have been adopted provided that a two-thirds majority of elected deputies of both chambers has voted for them. the laws shall be published immediately after their signature and shall become valid ten days after their publication unless the law determines another term. the decrees of the president shall come into force to the same order therein. the law shall have no retrospective action unless it extenuates or revokes the responsibility of citizens. article 105 the procedure governing the activities of the house of representatives, council of the republic, the bodies thereof and the deputies and members of the council of the republic shall be determined by the rules of procedure of the chambers, which shall be signed by the chairpersons of the chambers. chapter 5. the governmentthe council of ministers of the republic of belarus article 106 executive power in the republic of belarus shall be exercised by the government the council of ministers of the republic of belarus the central body of state administration. the government in its activity shall be accountable to the president of the republic of belarus and responsible to the parliament of the republic of belarus. the government shall relinquish powers to the president-elect of the republic of belarus. the government of the republic of belarus shall consist of the prime minister, his deputies and ministers. the heads of other central bodies of state administration may be members of the government. the prime minister shall be appointed by the president of the republic of belarus with the consent of the house of representatives. the decision to this order shall be taken by the house of representatives within two weeks since the nomination of the candidacy of the prime minister. if the house of representatives rejects the submitted nomination of the prime minister twice, the president shall appoint the acting prime minister on his own, and dissolve the house of representatives and call new elections. the prime minister shall manage the activities of the government. the prime minister shall: manage directly the activities of the government and hold personal responsibility for its activities; sign the acts of the government; submit to parliament a report on the programme of the government within two months after his appointment, and in the instance of its rejection submit the second report on the programme of the government within two months; inform the president on the basic guidelines of the activities of the government, and on all the most important decisions; exercise other functions connected with the organization and activities of the government. the government or any member therein shall be entitled to tender the resignation to the president, if he deems it impossible to discharge the duties entrusted to him. the government shall tender its resignation to the president if the house of representatives has passed a vote of no confidence to the government. the prime minister may request from the house of representatives a vote of confidence with regard to the governmental programme or any other issue submitted to the house. if a non-confidence vote is passed by the house of representatives, the president shall be entitled to accept the resignation of the government, or dissolve the house of representatives within ten days, and call on holding new elections. if the resignation of the government is rejected the latter shall continue to discharge its duties. the president shall be entitled to take the decision on the resignation of the government on his own initiative, and dismiss any member of the government. in the instance of the resignation of the government of the republic of belarus or termination of its powers, the latter on the assignment of the president shall continue to hold office until a new government shall have been formed. article 107 the government of the republic of belarus shall: administer the system of subordinate bodies of state administration and other executive organs; elaborate the basic guidelines of the domestic and foreign policy, and take measures to its implementation; elaborate and submit to the president for further parliamentary consideration the draft national budget and an account of its implementation; ensure the execution of a uniform economic, financial, credit and monetary policy, and state policy in the field of science, culture, education, health care, ecology, social security and remuneration for labour; take measures to secure the rights and liberties of citizens, safeguard the interests of the state, national security and defence, protection of property, maintain public order and eliminate crime; act on behalf of property owner with regard to assets which are the sole property of the republic of belarus, and organise management of state property; ensure the implementation of the constitution, the laws, decrees, edicts and instructions of the president; repeal acts of ministries and other central bodies of state administration; exercise other powers entrusted to him by the constitution, laws and acts of the president. article 108 the government of the republic of belarus shall issue acts, that have binding force in the entire territory of the republic of belarus. the prime minister shall issue orders which are under his jurisdiction. the competence of the government and the procedure governing its activities shall be determined on the basis of the constitution and the law on the council of ministers of the republic of belarus. chapter 6. the courts article 109 the courts shall exercise judicial power in the republic of belarus. the judicial system shall be based upon the principles of territorial delineation and specialization. the judicial system in the republic of belarus shall be determined by the law. the formation of special courts shall be prohibited. article 110 in administering justice judges shall be independent and subordinate to law alone. any interference in judges' activities in the administration of justice shall be impermissible and liable to legal action. article 111 judges may not engage in business activities or perform any paid work, apart from teaching and scientific research. the grounds for electing (appointing) judges and their dismissal shall be determined by the law. article 112 the courts shall administer justice on the basis of the constitution, the laws and other enforceable enactments adopted in accordance therewith. if, during the hearing of a specific case, a court concludes that an enforceable enactment is contrary to the constitution, it shall make a ruling in accordance with the constitution and raise, under the established procedure, the issue of whether the enforceable enactment in question should be deemed unconstitutional. article 113 cases before a court shall be tried collegially, and in the instances specified in law, by judges individually. article 114 the trial of cases in all courts shall be open. the hearing of cases in closed court session shall be permitted only in the instances specified in law and in accordance with all the rules of legal procedure. article 115 justice shall be administered on the basis of the adversarial proceedings and equality of the parties involved in the trial. the rulings of courts are mandatory for all citizens and officials. the parties and the persons have the right to appeal rulings, sentences and other judicial decisions. article 116 supervision of the constitutionality of enforceable enactments of the state shall be exercised by the constitutional court of the republic of belarus. the constitutional court of the republic of belarus shall be formed of 12 judges from among highly qualified specialists in the field of law, who as a rule have a scientific degree. six judges of the constitutional court shall be appointed by the president of the republic of belarus and six elected by the council of the republic. the chairperson of the constitutional court shall be appointed by the president with the consent of the council of the republic. the term of the members of the constitutional court shall be 11 years, and the permissible age limit shall be 70 years. the constitutional court on the recommendations of the president of the republic of belarus, the house of representatives, the council of the republic, the supreme court of the republic of belarus, the supreme economic court of the republic of belarus, the cabinet of ministers of the republic of belarus shall produce a ruling on: the conformity of laws, decrees and edicts of the president, international agreements and other obligations of the republic of belarus to the constitution and other instruments of international law ratified by the republic of belarus; the conformity of instruments of interstate formations of which the republic of belarus is part, edicts of the president of the republic of belarus which are issued to the execution of the law, the constitution, the laws, decrees and instruments of international law ratified by the republic of belarus; the conformity of the decisions of the council of ministers and orders of the supreme court, the supreme economic court, procurator-general to the constitution, laws and instruments of international law ratified by the republic of belarus, laws, decrees and edicts; the conformity of enactments of any other state body to the constitution, laws and decrees as well as to the laws and instruments of international law ratified by the republic of belarus. enforceable enactments or their particular provisions which are considered unconstitutional shall be deemed invalid to the order determined by the law. in instances specified by the constitution, the constitutional court with regard to the proposal of the president shall give its conclusion on the presence of instances of systematic or flagrant violation of the constitution of the republic of belarus by the chambers of parliament. the competence, organization and procedure governing the activities of the constitutional court shall be determined by the law. section 5. local government and self-government article 117 citizens shall exercise local government and self-government through local councils of deputies, executive and administrative bodies, bodies of public territorial self government, local referenda, assemblies and other forms of direct participation in state and public affairs. article 118 local councils of deputies shall be elected by the citizens of the relevant administrative-territorial units for a four-year term. article 119 the heads of local executive and administrative bodies shall be appointed and dismissed by the president of the republic of belarus or to the order determined by the latter, and their appointment shall be subject to the approval of the local councils of deputies. article 120 local councils of deputies and executive and administrative bodies shall, within the limits of their competence, resolve issues of local significance, proceeding from national interests and the interests of the people who reside in the relevant territory, and implement the decisions of higher state bodies. article 121 the following shall fall exclusively within the exclusive competence of the local councils of deputies: the approval of programmes of economic and social development, and local budgets and accounts; the setting of local taxes and dues in accordance with the law; the determination, within the limits specified by law, of the procedure governing the management and disposal of municipal property; the calling of local referenda. article 122 local councils of deputies and executive and administrative bodies shall, on the basis of existing laws, adopt decisions that have binding force in the relevant territory. decisions of local councils of deputies that are contrary to the law shall be reversed by higher representative bodies. decisions of local executive and administrative authorities that are contrary to the law shall be reversed by the relevant councils of deputies, superior executive and administrative bodies and the president of the republic of belarus. decisions of local councils of deputies and their executive and administrative bodies that restrict or violate civil rights and liberties and the legitimate interests of citizens, and in other instances specified in law, may be challenged in a court of law. article 123 where a local council of deputies systematically or flagrantly violates the requirements of the law, it may be dissolved by the council of the republic. other grounds for the premature termination of the powers of local councils of deputies shall be determined by the law. article 124 the competence and the procedure governing the establishment and activities of bodies of local government and self-government shall be determined by the law. section 6. the procurator's office. the state supervisory committee chapter 7. procurator`s office article 125 the procurator-general of the republic of belarus and subordinate public prosecutors shall be entrusted to supervise the strict and unified implementation of the laws, decrees, regulations and other enforceable enactments by ministers and other bodies subordinate to the council of ministers, as well as by local representative and executive bodies, enterprises, organizations, establishments, public associations, officials and citizens. the procurator's office shall exercise supervision over the implementation of the laws determining the execution of the verdicts of the courts in civil, criminal and administrative cases in instances determined by the law, as well as shall carry out preliminary investigation and support state charges in the courts. article 126 the procurator-general shall head the unified and centralized system of bodies of the procurator's office, and shall be appointed by the president with the consent of the council of the republic. the subordinate public prosecutors shall be appointed by the procurator-general. article 127 the procurator-general and subordinate public procurators shall be independent in the exercise of their powers and guided by the legislation. the procurator-general shall be accountable to the president. article 128 the competence, organization and procedure governing the activities of bodies of the procurator's office shall be determined by the law. chapter 8. the state supervisory committee article 129 the supervisory authority shall monitor the implementation of the national budget, the use of public property and the implementation of the acts of the president, parliament, government and other state bodies governing public property relationships and economic, financial and tax relations. article 130 the state supervisory committee shall be formed by the president. the chairperson of the state supervisory committee shall be appointed by the president. article 131 the competence, organization and procedure governing the activities of the state supervisory committee shall be determined by the law. section 7. financial and credit system of the republic of belarus article 132 the financial and credit system of the republic of belarus shall include the budget system, the banking system, as well as the financial resources of non-budget funds, funds of enterprises, establishments, organizations and citizens. a unified fiscal, tax, credit and currency policy shall be pursued in the territory of the republic of belarus. article 133 the budget system of the republic of belarus shall include the national budget and local budgets. budget revenue shall be raised from the taxes specified in law, other mandatory payments, as well as other receipts. national expenditure shall be covered by the national budget on its expenditure side. in accordance with the law, non-budgetary funds may be created in the republic of belarus. article 134 the procedure for drawing up, approving and implementing budgets and public non-budgetary funds shall be determined by the law. article 135 a national account shall be submitted to the parliament for consideration no later than five months from the end of the fiscal year in review. local accounts shall be submitted to the relevant councils of deputies for the consideration within time specified in law. national and local accounts shall be published. article 136 the banking system of the republic of belarus shall consist of the national bank of the republic of belarus and other banks. the national bank shall regulate credit relations and monetary circulation, determine the procedure for making payments and have an exclusive right to issue money. section 8. the application of the constitution of the republic of belarus and the procedure for amending the constitution article 137 the constitution shall have the supreme legal force. laws, decrees, edicts and other instruments of state bodies shall be promulgated on the basis of, and in accordance with the constitution of the republic of belarus. where there is a discrepancy between a law, decree or edict and the constitution, the constitution shall apply. where there is a discrepancy between a decree or edict and a law, the law shall apply when the powers for the promulgation of the decree or edict were provided by the law. article 138 the issue of amending and supplementing the constitution shall be considered by the chambers of the parliament on the initiative of the president or of no fewer than 150,000 citizens of the republic of belarus who are eligible to vote. article 139 a law on amending and supplementing the constitution may be adopted after it has been debated and approved twice by both chambers of the parliament with at least a three months' interval. the constitution shall not be amended or supplemented by the parliament during a state of emergency or the last six months of the term of the house of representatives. article 140 the constitution, laws on amendments and addenda thereto, on the entry into force of the said laws and instruments on the interpretation of the constitution shall be deemed to have been adopted where no less than two-thirds of the elected deputies of both chambers of the parliament have voted in favour of them. the constitution may be amended or supplemented via a referendum. a decision to amend or supplement the constitution by means of a referendum shall be deemed adopted where a majority of citizens on the electoral roll have voted in favour of it. s 1, 2, 4, 8 of the constitution may be reconsidered only by means of a referendum. section 9. final and transitional clauses article 141 the 1994 constitution of the republic of belarus together with the alterations and addenda, adopted at the national referendum (the present constitution) shall enter into force on the day on which it is promulgated, apart from the specific provisions thereof, that are to enter into force under the procedure and at the times specified in the present constitution. simultaneously the law of the republic of belarus "on the procedure governing the entry into force of the constitution of the republic of belarus" shall cease to apply. article 142 the laws, decrees and other acts which were applied in the territory of the republic of belarus prior to the entry into force of the present constitution shall apply in the particular parts thereof that are not contrary to the constitution of the republic of belarus. article 143 within a month of the entry into force of the constitution of the republic of belarus the supreme council of the republic of belarus and the president of the republic of belarus shall form the house of representatives from among the deputies of the supreme council who were elected by the appointed date of the referendum held in 1996. the deputies of the supreme council of the republic of belarus shall retain their powers within the term stipulated by the present constitution. the term of their powers shall be assessed from the day on which the present constitution enters into force. the council of the republic shall be formed to the order specified in article 91 of the present constitution. if within the assigned time the house of representatives is not formed due to controversies between the president and the supreme council, the former shall in accord with clauses 2 and 3 of article 84 of the present constitution dissolve the supreme council and call on new elections to parliament. article 144 the president of the republic of belarus shall retain his powers. the term of his powers shall be assessed from the day on which the present constitution enters into force. article 145 the government of the republic of belarus shall exercise its duties and powers from the day on which the present constitution enters into force. article 146 the president, parliament and the government within two months since the present constitution enters into force shall form assigned bodies of power to the order as determined by the present constitution, unless otherwise specified by part 3 of article 143 of the constitution. preamble dahomey, proclaimed a republic on december 4, 1958, acceded to international sovereignty august 1, 1960. having become the people's republic of bénin on november 30, 1975, and then the republic of bénin on march 1, 1990, it has known a turbulent constitutional and political evolution since its accession to independence. only the option in favor of the republic has remained permanent. the successive changes of political regimes and of governments have not blunted the determination of the béninese people to search for, in their own spirit, the cultural, philosophical and spiritual values of civilization which sustain the forms of their patriotism. thus, the national conference of active forces of the nation, held in cotonou from february 19 to 28, 1990, in giving back confidence to the people, has permitted the national reconciliation and the advent of an era of democratic revival. on the day after this conference, we, the béninese people reaffirm our fundamental opposition to any political regime founded on arbitrariness, dictatorship, injustice, corruption, misappropriation of public funds, regionalism, nepotism, confiscation of power, and personal power; express our firm will to defend and safeguard our dignity in the eyes of the world and to find again the place and role as pioneer of democracy and of the defense of human rights which were formerly ours; solemnly affirm our determination by this present constitution to create a state of law and pluralistic democracy in which the fundamental human rights, public liberties, the dignity of the human being, and justice shall be guaranteed, protected and promoted as the condition necessary for the genuine harmonious development of each béninese in his temporal and cultural dimension as well as in his spiritual; reaffirm our attachment to the principles of democracy and human rights as they have been defined by the charter of the united nations of 1945 and the universal declaration of human rights of 1948, by the african charter on human and peoples' rights adopted in 1981 by the organization of african unity and ratified by bénin on january 20, 1986 and whose provisions make up an integral part of this present constitution and of béninese law and have a value superior to the internal law; affirm our will to cooperate in peace and friendship with all peoples who share our ideals of liberty, of justice, of human solidarity based on the principles of equality, of reciprocal interest and of mutual respect for national sovereignty and for territorial integrity; proclaim our attachment to the cause of african unity and pledge ourselves to leave no stone unturned in order to realize local and regional integration; solemnly adopt the present constitution which shall be the supreme law of the state and to which we swear loyalty, fidelity and respect. title i. the state and sovereignty article 1 the state of bénin shall be an independent sovereign republic. the capital of the republic of bénin shall be porto-novo. the national emblem shall be a tri-colored flag of green, yellow and red. next to the staff is a green band for the entire height and two-fifths of the length, with two equal horizontal bands: the upper one yellow and the lower one red. the national anthem of the republic shall be "l'aube nouvelle." the motto of the republic shall be "fraternité-justice-travail." the official language shall be french. the state seal shall consist of a disk 120 millimeters in diameter showing: on the obverse side a pirogue loaded with six five-pointed stars sailing over the waves, accompanied overhead by a bow with one arrow in the shape of a palm supported by two crossed "recades," and below by a banderole bearing the motto "fraternité-justice-travail" with the inscription "république du bénin" within the circle; and on the reverse side a shield divided into two equal parts-the first part of sinople [green] and the second of gold [yellow] and of gueules [red] which are the three colors of the flag. the shield is surrounded by two native palm trees with their trunks crossed in the shape of an x. the coat of arms of bénin shall be as follows: in the first quarter in gold, a somba fortress; in the second quarter in silver, the native star of bénin, that is to say, an eight-pointed azure saltire angled with rays of silver and black in the background; in the third quarter in silver, a green palm tree loaded with red fruit; in the fourth quarter in silver, a sable [black] ship sailing on an azure sea with a losange in gueles [red] passing under the line of the quarter. the supporters: two spotted panthers in gold; the postage stamp: two black cornucopias from which come ears of corn; the motto: "fraternité-justice-travail" in black letters on a banderole. article 2 the republic of bénin shall be one-indivisible, secular, and democratic. its principle shall be: government of the people, by the people, and for the people. article 3 national sovereignty shall belong to the people. no portion of the people, no community, no corporation, no party or political association, no trade union organization nor any individual shall be able to abrogate the exercise of it. sovereignty shall be exercised in accordance with the present constitution which is the supreme law of the state. any law, any statutory text and any administrative act contrary to these provisions shall be null and void. consequently, any citizen shall have the right to appeal to the constitutional court against the laws, texts, and acts presumed unconstitutional. article 4 the people shall exercise their sovereignty through their elected representatives by means of the referendum. the conditions of recourse to the referendum shall be determined by the present constitution and by an organic law. the constitutional court shall see to the regularity of the referendum and shall proclaim its results. article 5 political parties shall cooperate in the expression of suffrage. they shall be formed and shall freely exercise their activities under conditions determined by the charter of political parties. they must respect the principles of national sovereignty, of democracy, of territorial integrity and of the secularity of the state. article 6 suffrage shall be universal, equal and secret. the electors shall be, under the conditions determined by law, all béninese nationals of both sexes over the age of eighteen and in full possession of their civil and political rights. title ii. rights and duties of the individual article 7 the rights and duties proclaimed and guaranteed by the african charter on human and peoples' rights adopted in 1981 by the organization of african unity and ratified by bénin on january 20, 1986 shall be an integral part of the present constitution and of béninese law. article 8 the human person is sacred and inviolable. the state has the absolute obligation to respect it and protect it. it shall guarantee him a full blossoming out. to that end, it shall assure to its citizens equal access to health, education, culture, information, vocational training, and employment. article 9 every human being has a right to the development and full expansion of his person in his material, temporal and intellectual dimensions, provided that he does not violate the rights of others nor infringe upon constitutional order and good manners. article 10 every person has a right to culture. the state has the duty to safeguard and promote the national values of civilizations, as much material as spiritual, as well as the cultural traditions. article 11 all communities comprising the béninese nation shall enjoy the freedom to use their spoken and written languages and to develop their own culture while respecting those of others. the state must promote the development of national languages of intercommunication. article 12 the state and public authorities shall guarantee the education of children and shall create conditions favorable to this end. article 13 the state shall provide for the education of the youth by public schools. primary education shall be obligatory. the state shall assure progressively free public education. article 14 religious institutions and communities shall be able to cooperate equally in the education of the youth. private schools, secular or parochial, may be opened with the authorization and control of the state. the private schools may benefit from state subsidies under conditions determined by law. article 15 each individual has the right to life, liberty, security and the integrity of his person. article 16 no one shall be arrested or accused except by virtue of a law promulgated prior to the charges against him. no citizen shall be forced into exile. article 17 any person accused of an unlawful act shall be presumed innocent until his culpability has been legally established in the course of a public lawsuit during which all guarantees necessary to his free defense shall have been assured to him. no one shall be condemned for actions or omissions which, at the moment when they were committed, did not constitute an infraction according to the national law. likewise, he may not have a more severe penalty inflicted than that which was applicable at the time when the offense was committed. article 18 no one shall be submitted to torture, nor to maltreatment, nor to cruel, inhumane or degrading treatment. no one shall have the right to prevent a detainee or an accused person from being examined by a doctor of his choice. no one may be detained in a penal institution if he does not fall under the provisions of a penal law in force. no one may be detained for a duration greater than forty-eight hours except by a decision of the magistrate before whom he must have been presented. this delay may be prolonged only in circumstances exceptionally provided for by law and may not exceed a period greater than eight days. article 19 any individual or any agent of the state who shall be found responsible for an act of torture or of maltreatment or of cruel, inhumane or degrading treatment in the exercise of, or at the time of the exercise of his duties, whether of his own initiative or whether under instruction, shall be punished in accordance with the law. any individual or any agent of the state shall be absolved of the duty of obedience when the order received shall constitute a serious and manifest infringement with respect to human rights and public liberties. article 20 the domicile shall be inviolable. house visits or searches may be carried out only according to the forms and conditions provided by law. article 21 the secrecy of correspondence and of communications shall be guaranteed by law. article 22 every person has the right to his property. no one shall be deprived of his property except for state-approved usefulness and in exchange for a just and prerequisite compensation. article 23 every person has the right to freedom of thought, of conscience, of religion, of creed, of opinion and of expression with respect for the public order established by law and regulations. the exercise of a creed and the expression of beliefs shall take place with respect for the secularity of the state. the institutions and the religious or philosophical communities shall have the right to develop without hindrances. they shall not be subject to the guardianship of the state. they shall regulate and administer their affairs in an autonomous manner. article 24 freedom of the press shall be recognized and guaranteed by the state. it shall be protected by the high authority of audio-visuals and communications under the conditions fixed by an organic law. article 25 the state shall recognize and guarantee, under conditions fixed by law, the freedom to go and come, the freedom of association, of assembly, of procession and of demonstration. article 26 the state shall assure to everyone equality before the law without distinction of origin, of race, of sex, of religion, of political opinion or of social position. men and women are equal under the law. the state shall protect the family and particularly the mother and child. it shall take care of handicapped and aged persons. article 27 every person has the right to a healthy, satisfying and lasting environment and has the duty to defend it. the state shall watch over the protection of the environment. article 28 the storage, handling, and removal of toxic wastes or pollutants originating from factories and other industrial or cottage industry units installed in the national territory shall be regulated by law. article 29 the transportation, importation, storage, burying and the discharging on the national territory of toxic wastes or foreign pollutants and any agreement relating to it shall constitute a crime against the nation. the applicable sanctions shall be defined by law. article 30 the state shall recognize for all citizens the right to work and shall strive to create conditions which shall make the enjoyment of this right effective and shall guarantee to the worker just compensation for his services or for his production. article 31 the state shall recognize and guarantee the right to strike. each worker may defend, under the conditions provided by law, his rights and interests whether individually, whether collectively, or by trade union action. the right to strike shall be exercised under conditions defined by law. article 32 the defense of the nation and of the integrity of the territory of the republic is a sacred duty for every béninese citizen. military service shall be obligatory. the conditions for the accomplishment of this duty shall be determined by law. article 33 all citizens of the republic of bénin have the duty to work for the common good, to fulfill all of their civic and professional obligations, and to pay their fiscal contributions. article 34 each béninese citizen, civilian or military, has the sacred duty to respect, in all circumstances, the constitution and the established constitutional order as well as the laws and regulations of the republic. article 35 citizens responsible for a public office or elected to a political office have the duty to fulfil it with conscience, competence, probity, devotion, and loyalty in the interest of the common good. article 36 each béninese has the duty to respect and to consider his own kin without any discrimination; and to keep relations with others that shall permit the safeguarding, the reinforcement and promotion of respect, dialog and reciprocal tolerance with a view to peace and to national cohesion. article 37 public property shall be sacred and inviolate. each béninese citizen must respect it scrupulously and protect it. any act of sabotage, vandalism, corruption, diversion, dilapidation or illegal enrichment shall be suppressed under conditions provided by law. article 38 the state shall protect the rights and legitimate interests of béninese citizens in a foreign country. article 39 foreigners in the territory of the republic of bénin shall have the benefit of the same rights and liberties as the béninese citizens, and this under the conditions determined by law. they must conform to the constitution and to the laws and regulations of the republic. article 40 the state has the duty to assure the diffusion and the teaching of the constitution, of the universal declaration of human rights of 1948, of the african charter on human and peoples' rights of 1981 as well as all of the international instruments duly ratified and relative to human rights. the state must integrate the rights of the individual into the programs of literacy and of teaching in the various scholastic and university academic cycles and into all the educational programs of the armed forces, of the public security forces and of comparable categories. the state must equally assure the diffusion and teaching of these same rights in the national languages by all the means of mass communication, and particularly by radio and television. title iii. executive power article 41 the president of the republic shall be the chief of state. he shall be elected by the nation and shall embody the national unity. he shall be the guarantor of national independence, of territorial integrity, and of respect for the constitution, treaties and international agreements. article 42 the president of the republic shall be elected by direct universal suffrage for a mandate of five years, renewable only one time. in any case, no one shall be able to exercise more than two presidential mandates. article 43 the election of the president of the republic shall take place with a uninominal majority ballot in two rounds. article 44 no one may be a candidate for the office of president of the republic unless: he is of béninese nationality at birth or shall have acquired it for at least ten years; he is of good morality and of great honesty; he enjoys all his civil and political rights; he is at least 40 years old but not more than 70 years old at the date of the filing of his candidacy; he resides in the territory of the republic of bénin at the time of the elections; he enjoys a satisfactory state of physical and mental well-being duly verified by a collegiate board of three doctors sworn and designated by the constitutional court. article 45 the president of the republic shall be elected by an absolute majority of votes cast. if that shall not be obtained in the first round of voting, it shall be followed, after a delay of fifteen days, by a second round. the only ones who may be presented in the second round of balloting shall be the two candidates who shall have received the greatest number of votes in the first round. in case of the withdrawal of one or both of the two candidates, the next ones shall be presented in the order of their filing after the first balloting. the candidate having received the relative majority of votes cast in the second round shall be declared elected. article 46 the convocation of the electors shall be made by a decree issued in the council of ministers. article 47 the first round of balloting for the election of the president of the republic shall take place at least thirty days and at most forty days before the expiration date of the powers of the president in office. the mandate of the new president of the republic shall take effect by counting from the expiration date of the mandate of his predecessor. article 48 the law shall fix the conditions of eligibility, of the presentation of the candidates, of the progress of the balloting, of the counting of the votes and of the proclamation of the results of the election of the president of the republic. the law shall fix the civil list of the president of the republic and shall determine the pension to be allocated to the former presidents of the republic. however, in order to be counted from the promulgation of the present constitution, only the constitutionally elected presidents of the republic shall be able to benefit from the provisions of the preceding paragraph. article 49 the constitutional court shall watch over the regularity of the balloting and shall verify its results. the election of the president of the republic shall be made the subject of a provisional proclamation. if any dispute relating to the regularity of the electoral operations shall not have been filed in the office of the clerk of the court by one of the candidates within five days of the provisional proclamation, the court shall declare the president of the republic definitely elected. in case of a dispute, the court must decide within ten days of the provisional proclamation; its decision shall convey the final proclamation of or the annulment of the election. if no dispute has been raised within the waiting period of five days and if the constitutional court shall deem that the election has not been tainted by any irregularity of a nature to bring about an annulment, it shall proclaim the election of the president of the republic within the fifteen days following the balloting. in case of annulment, a new round of balloting shall proceed within fifteen days of the decision. article 50 in case of vacancy of the presidency of the republic by death, resignation or permanent impediment, the national assembly shall reconvene in order to rule on the case with an absolute majority of its members. the president of the national assembly shall refer the matter to the constitutional court which shall certify it and declare the vacancy of the presidency of the republic. the duties of president of the republic, with the exception of those mentioned in articles 54 paragraph 3, 58 [typographical error: "50" in french text below-ed.], 60, 101, and 154 shall be temporarily exercised by the president of the national assembly. the election of a new president of the republic shall take place thirty days at the least and forty days at most after the declaration of the permanent nature of the vacancy. in case of bringing an accusation of the president of the republic before the high court of justice, his interim shall be assumed by the president of the constitutional court who shall exercise all the duties of president of the republic with the exception of those mentioned in articles 54 paragraph 3, 58, 60, 101 and 154. in case of absence from the territory, of illness and of vacation of the president of the republic, his interim shall be assumed by a member of the government whom he shall have designated and within the limitation of powers that he shall have delegated to him. article 51 the duties of the president of the republic shall be incompatible with the exercise of any other elected office, of all public employment-civil or military, and of all professional activity. article 52 in the course of their duties, the president of the republic and the members of the government may not by themselves, nor by an intermediary, purchase or take a lease on anything that pertains to the domain of the state without prior authorization of the constitutional court under conditions fixed by law. they shall be bound then, from their entry into office and to the end of it, to make on their honor a written declaration of their assets and inheritance addressed to the committee of accounts of the supreme court. they may not take part in the buying of supplies and in the awarding of contracts for the administration or institutions within the jurisdiction of the state or submitted to their control. article 53 before taking his office, the president of the republic shall take the following oath: "before god, the manes [spirits] of the ancestors, the nation and before the béninese people, the only holder of sovereignty; "i, president of the republic, elected in accordance with the laws of the republic do solemnly swear to respect and defend the constitution which the béninese people have freely given to themselves; to fulfil loyally the high office that the nation has entrusted to me; to allow myself to be guided only by the general interest and the respect for human rights to consecrate all my strength to the research and the promotion of the common good, of peace and of national unity; to preserve the integrity of the national territory; to conduct myself everywhere as a faithful and loyal servant of the people. in case of perjury, that i shall submit to the severity of the law." this oath shall be received by the president of the constitutional court before the national assembly and the supreme court. article 54 the president of the republic shall be the holder of executive power. he shall be the head of the government, and with this title he shall determine and conduct the politics of the nation. he shall exercise statutory power. he shall have the civil service and the armed forces at his disposal. he shall be responsible for the national defense. he shall appoint, after an advisory opinion of the national assembly, the members of the government; he shall fix their prerogatives and shall bring an end to their duties. the members of the government shall be responsible to him. the duties of the members of the government shall be incompatible with the exercise of any parliamentary mandate, with any public employment-civil or military, and with any professional activity. the acts of the president of the republic other than those provided for in articles 60 and 115 shall be countersigned by the ministers charged with their execution. article 55 the president of the republic shall preside over the council of ministers. the council of ministers shall deliberate obligatorily on: decisions determining the general policies of the state; government bills; ordinances and regulatory decrees. article 56 the president of the republic shall appoint three of the seven members of the constitutional court. after advice from the president of the national assembly, he shall appoint from the council of ministers: the president of the supreme court, the president of the high authority of audio-visuals and communications, and the grand chancellor of the national order. he shall appoint likewise from the council of ministers: members of the supreme court, ambassadors, special envoys, magistrates, general and superior officials, and the high office-holders whose list shall be fixed by an organic law. article 57 the president of the republic shall have the initiative of laws concurrently with the members of the national assembly. he shall assure the promulgation of laws within the fifteen days following their transmission to him by the president of the national assembly. this time limit shall be reduced to five days in case of an emergency declared by the national assembly. he shall be able, before the expiration of these waiting periods, to demand of the national assembly a second deliberation of the law or of certain of its articles. this second deliberation may not be refused. if the national assembly shall be at the end of the session, this second deliberation shall take place automatically at the time of the following regular session. the vote for this second deliberation shall be acquired by the absolute majority of members composing the national assembly. if, after this last vote, the president of the republic shall refuse to promulgate the law, the constitutional court upon a submission by the president of the national assembly shall declare the law enforceable if it is in accordance with the constitution. the same procedure for implementation shall be followed when, at the expiration of the deadline of fifteen days for promulgation provided for in paragraph 2 of the present article, there is neither promulgation nor demand for a second reading. article 58 the president of the republic, after consultation with the president of the national assembly and the president of the constitutional court, shall be able to take the initiative of the referendum on any question relative to the promotion of and the reinforcement of human rights, to sub-regional or regional integration, and to the organization of public authorities. article 59 the president of the republic shall insure the execution of the laws and shall guarantee that by judicial decisions. article 60 the president of the republic shall have the power of pardon. he shall exercise this right under the conditions defined by article 130. article 61 the president of the republic shall accredit the ambassadors and special envoys to foreign powers; the ambassadors and special envoys of the foreign powers shall be accredited to him. article 62 the president of the republic shall be the supreme commander of the armed forces. he shall appoint from the council of ministers the members of the superior council of defense and shall preside at the meetings of the said council. the composition, the organization and the operation of the superior council of defense shall be fixed by a law. article 63 the president of the republic may, in addition to the specialized functions of the defense of territorial integrity vested in the armed forces, have them cooperate in the economic development of the nation and in any other tasks of public interest under the conditions defined by the law. article 64 any member of the armed forces or the public security who shall desire to be a candidate for the office of president of the republic must first send in his resignation from the armed forces or the public security. in this case, the interested person will be able to claim the benefits of the rights acquired in accordance with the regulations of his corps. article 65 any attempt to overthrow the constitutional regime by the personnel of the armed forces or of the public security shall be considered as a breach of duty and a crime against the nation and the state and will be punished in accordance with the law. article 66 in case of a coup d'etat, of a putsch, of aggression by mercenaries or of any action by force whatsoever, any member of a constitutional agency shall have the right and the duty to make an appeal by any means in order to re-establish the constitutional legitimacy, including recourse to existing agreements of military or defense cooperation. in these circumstances for any béninese to disobey and organize himself to put a check to the illegitimate authority shall constitute the most sacred of rights and the most imperative of duties. article 67 the president of the republic may not make an appeal to any foreign armed forces or police to intervene in an internal conflict except in the cases provided for in article 66. article 68 when the institutions of the republic, the independence of the nation, the integrity of the national territory or the execution of international commitments shall be threatened in a serious and immediate manner, and when the regular operation of political and constitutional powers shall be threatened or interrupted; the president of the republic, after consultation with the president of the national assembly and the president of the constitutional court, shall take within the council of ministers the exceptional measures required by the circumstances without which the rights of the citizens guaranteed by the constitution would be suspended. he shall inform the nation of this by a message. the national assembly shall reconvene in full session in an extraordinary session. article 69 the measures taken ought to be inspired by the intention to assure to the public and constitutional authorities the means to accomplish their mission with the least delay. the national assembly shall fix the deadline for the time limits beyond which the president of the republic may not take exceptional measures. article 70 the president of the republic may delegate to ministers certain of his powers except those provided for in articles 54 paragraph 3, 60, 61, 101, 115, 133 and 144. article 71 the president of the republic or any member of his government in the exercise of his governmental office may be interpellated by the national assembly. the president of the republic shall respond to these interpellations in the presence of the national assembly in person or by one of his ministers that he shall especially delegate. in that circumstance, the national assembly may bring a resolution in order to make recommendations to the government. article 72 the president of the republic shall address a message to the national assembly on the state of the nation once a year. he may also, at any time, address messages to the national assembly. these messages shall not give way to any debate; however, they may suggest tasks for the assembly. article 73 the personal responsibility of the president of the republic shall be pledged in case of high treason, of an insult to the assembly or of an insult to his honor and probity. article 74 there shall be high treason when the president of the republic shall have violated his oath; shall be acknowledged as author, co-author, or accomplice in grave violations characterized in the rights of man [droits de l'homme] or of the transfer of a part of the national territory; or of an act detrimental to the maintenance of a healthy, satisfying, lasting environment favorable for development. article 75 there shall be an attack on his honor and on his probity notably when the personal behavior of the president of the republic shall be contrary to good manners or when he shall be acknowledged as author, co-author or accomplice in embezzlement, corruption, or illegal enrichment. article 76 there shall be an insult to the national assembly when, to questions posed by the national assembly concerning governmental activity, the president of the republic shall not furnish any response within a period of thirty days. article 77 after this deadline, the president of the national assembly shall submit this grave shortcoming to the constitutional court for constitutional action. the constitutional court shall decide within three days. the president of the republic shall be required to furnish the responses to the national assembly within the shortest period of time, and in all cases before the end of the current session. at the expiration of this period, if there has been no follow-up given by the president of the republic to the decision of the court, the president of the republic shall be impeached before the high court of justice for insult to the national assembly. article 78 the acts anticipated in articles 74 and 75 shall be prosecuted and punished according to the provisions of articles 136 to 138 of the present constitution. title iv. legislative power i. the national assembly article 79 the parliament shall be composed of a single assembly called the national assembly whose members shall carry the title of deputy. it shall exercise legislative power and shall control the action of the government. article 80 the deputies shall be elected by direct universal suffrage. the duration of the mandate shall be four years. they may be re-elected. each deputy shall be the representative of the entire nation and any compulsory vote shall be void. article 81 the law shall fix the number of members of the national assembly, the conditions of eligibility, the rules of incompatibilities, and the conditions under which it shall provide for vacant seats. the constitutional court shall decide supremely on the validity of the election of the deputies. any member of the armed forces or of the public security who desires to be a candidate for the office of deputy must first send in his resignation from the armed forces or from the public security. in this case, the interested party will be able to claim the benefit of rights acquired in accordance with the regulations of his organization. article 82 the national assembly shall be directed by a president assisted by an office staff. they shall be elected for the duration of the legislature under conditions fixed by the rules of procedure of the said assembly. when he shall assume the interim period of the president of the republic under the conditions provided for in article 50 of the present constitution, the president of the national assembly shall be replaced in his duties in accordance with the rules of procedure of the assembly. article 83 in case of vacancy of the presidency of the national assembly by death, resignation, or any other cause, the assembly shall elect a new president within the fifteen days following the vacancy if it is in session; should it be otherwise, it shall reconvene in full session under the conditions fixed by its rules of procedure. in case of necessity, there shall be provision for the replacement of other members of the office staff according to the provisions of the rules of procedure of the said assembly. article 84 the president of the national assembly must render an account to the national assembly of his management and of his activities and must furnish to it any explanations that may be demanded of him. any deputy may address to the president of the assembly written or oral questions on his activities and his management. the national assembly may establish a commission of inquiry charged with making a detailed report to it. according to the terms of this report, the national assembly may demand the resignation of its president by a two-thirds majority of its members. if this quorum shall be attained, the president of the assembly shall be automatically dismissed from his office, while keeping his title of deputy. the national assembly shall proceed within a period of fifteen days with the election of a new president. article 85 if, at the opening of a session, the quorum of one half-plus one of the members composing the national assembly shall not be attained, the session shall be postponed to the third day which follows. the deliberations shall then be valid whatever the quorum may be. article 86 the sessions of the assembly shall be valid only if they occur in the usual place of the sessions, except in the case of an unforeseeable event duly verified by the constitutional court. the entire report of the debates of the national assembly shall be published in the official journal. article 87 the assembly shall convene in its own right in two special sessions per year. the first session shall open during the first fortnight of the month of april. the second session shall open during the second fortnight of the month of october. each of the sessions may not exceed three months. article 88 the national assembly shall be convened in special session by its president with a specific agenda at the request of the president of the republic or by the absolute majority of the deputies. the duration of an special session may not exceed fifteen days. the national assembly may break up as soon as the agenda has been exhausted. article 89 the proceedings of the national assembly shall take place following rules of procedure which it shall adopt in accordance with the constitution. the rules of procedure shall determine: the composition, the rules for the operation of the office, as well as the powers and prerogatives of its president; the number, the method of designation, the composition, the role and the competence of its permanent committees, as well as those that shall be special and temporary; the creation of parliamentary committees of inquiry within the framework of the control of governmental action; the organization of administrative services directed by an administrative secretary general placed under the authority of the president of the national assembly; the rules of discipline of the deputies during the sessions of the assembly; the different methods of voting, with the exclusion of those expressly provided by the present constitution. article 90 the members of the national assembly shall enjoy parliamentary immunity. as a consequence, no deputy may be followed, searched, arrested, detained or judged for opinions or votes issued by him during the exercise of his duties. a deputy may, during the duration of the sessions, be followed or arrested in a criminal or correctional matter only with the authorization of the national assembly except in the case of a flagrant offense. a deputy outside of the session may be arrested only with the authorization of the office of the national assembly, except in the case of a flagrant offense, of authorized legal actions or of final conviction. the detention or pursuit of a deputy shall be suspended if the national assembly should require it for a vote by a two-thirds majority. article 91 deputies shall collect the parliamentary salaries which shall be fixed by law. article 92 any deputy appointed to a ministerial post shall automatically lose his parliamentary mandate. the conditions for his replacement shall be fixed by law. article 93 the right to vote of the deputies shall be personal. the rules of procedure of the national assembly may authorize in exceptional cases the delegation of a vote. in this instance, no one may receive the delegation for more than one term of office. ii. relations between the assembly and the government article 94 the national assembly shall inform the president of the republic of the agenda of its sessions and of those of its committees. article 95 the members of the government shall have access to the sessions of the national assembly. they shall be heard at the demand of a deputy, of a committee or at their own demand. they may be assisted by experts. article 96 the national assembly shall pass the law and consent to the taxes. article 97 the law shall be passed by the national assembly by a simple majority. however, the bills on which the present constitution shall confer the character of organic laws shall be passed and modified under the following conditions: the proposal or the draft shall be submitted for the deliberation and vote of the assembly only after the expiration of a period of fifteen days after its deposit in the office of the assembly; the text may be adopted only by the majority of members comprising the assembly; the organic laws may be promulgated only after a declaration by the constitutional court of their conformity to the constitution. article 98 under the domain of the law are the rules concerning: citizenship, civic rights and the fundamental guarantees accorded to the citizens for the exercise of their public liberties; the constraints imposed, in the interest of national defense and public security, on the citizens in their person and on their property; nationality, the state and the legal competence of persons, the matrimonial property system, inheritance and gifts; the procedure according to which customary laws shall be recorded and brought into harmony with the fundamental principles of the constitution; the determination of crimes and offenses as well as the penalties which shall be applicable to them; amnesty; the organization of courts of all classes and the procedure followed before these courts; the creation of new classes of courts; the regulation of the magistrature, of ministerial offices and of judicial auxiliaries; the tax base, the rates and the methods of collection of taxes of every nature; the system for the issuance of currency; the electoral system for the president of the republic, the members of the national assembly and of the local assemblies; the creation of categories of public establishments [i.e. independent organs charged with public duties and regulated by public law-supplied]; the general law of public office; the law of military personnel, public security forces, and the assimiles [i.e. non combatants ranking with the combatants-supplied]; the general organization of the administration; the territorial organization, the creation and the modification of administrative circonscriptions [i.e. districts] as well as the apportionment of electoral districts; the state of siege and the state of emergency. the law shall determine the fundamental principles: of the organization of the national defense; of the free administration of territorial units, of their competences and of their resources; of education and of scientific research; of the system of property, of real estate laws and of civil and commercial obligations; of the nationalization and denationalization of enterprises and of the transfer of the ownership of enterprises from the public sector to the private sector; of labor law, of social security, of the right to organize trade unions and of the right to strike; of the transfer of rights and of the management of state property; of the mutual insurance system and of the savings and loans institutions; of the organization of production; of the protection of the environment and the conservation of natural resources; of the system of transportation and of telecommunications; of the penal system. article 99 the financial laws shall determine the receipts and expenditures of the state. the laws of settlement shall control the execution of the financial laws, with the reservation of further verification of the accounts of the nation by the chambre des comptes of the supreme court. the laws to carry out a program shall fix the objectives of the economic and social action of the state. article 100 matters other than those which are in the domain of the law have a regulatory nature. the texts of legislative procedures reached in these matters prior to the entry into force of the present constitution may be modified by decree taken after an opinion from the constitutional court. article 101 declaration of war shall be authorized by the national assembly. when, following exceptional circumstances, the national assembly cannot sit expediently, the decision of a declaration of war shall be taken before the council of ministers by the president of the republic who shall immediately inform the nation of it. the state of siege and the state of emergency shall be decreed in the council of ministers, after the advice of the national assembly. the extension of a state of siege or of a state of emergency beyond fifteen days may be authorized only by the national assembly. when the national assembly has not been called on to reach a decision, no state of siege or state of emergency may be decreed without its authorization within the sixty days following the date of enforcement of a previous state of siege or of emergency. article 102 the government may, for the execution of its program, request the national assembly to vote a statute authorizing it to issue by edict, during a limited period of time, measures which are normally in the domain of the statute. this authorization may be granted only by a two-thirds majority of the members of the national assembly. the edicts shall be issued in the council of ministers, after the advice of the constitutional court. they shall enter into force upon their publication, but they shall become null and void if the bill of ratification has not been placed before the assembly in advance of the date fixed by the enabling act. at the expiration of the period of time mentioned in the first paragraph of the present article, the edicts may be modified only by statute in their provisions which are in the legislative domain. article 103 the deputies shall have the right of amendment. article 104 resolutions, draft bills and amendments which are not in the domain of the law shall be inadmissible. the inadmissibility shall be pronounced by the president of the national assembly after due deliberation of the office [of the national assembly]. if it appears that the proposal or the amendment would be contrary to a delegation accorded by virtue of article 102 of the present constitution, the government may oppose the inadmissibility. in case of a dispute about paragraphs 1 and 3 of the present article, the constitutional court, upon the request of the president of the national assembly or the government, shall decide within a period of eight days. article 105 the initiation of bills shall belong concurrently to the president of the republic and to the members of the national assembly. government bills shall be deliberated in the council of ministers, after an opinion substantiated by the supreme court, requested in accordance with article 132 of the present constitution, and deposited in the office of the national assembly. the bills and draft bills shall be sent before deliberation in plenary session to the suitable committee of the national assembly for examination. the draft budget of the national assembly may not be examined in committee or in plenary session without having been previously submitted to the office of the said assembly. article 106 the discussion of draft bills shall focus on the text presented by the committee. the latter, at the demand of the government must bring to the knowledge of the national assembly the points on which there is disagreement with the government. article 107 resolutions and amendments made by the deputies shall not be admissible when their adoption would have as a consequence either a diminution of public resources or the creation of, or the increase of a public charge unless they shall be accompanied by a proposal for the increase of receipts or of equivalent savings. article 108 the deputies may, by a three-fourths majority vote, decide to submit any question to a referendum. article 109 the national assembly shall vote on the appropriations bill under conditions determined by the law. the national assembly shall submit an appropriations bill at least one week before the opening of the october session. the appropriations bill must provide for the revenue necessary for the full coverage of the expenses. article 110 the national assembly shall vote a balanced budget. if the national assembly has not come to a decision by december 31, the provisions of the appropriations bill may be enforced by edict. the government shall submit the matter for ratification to the national assembly called into extraordinary session within a period of fifteen days. if the national assembly shall not vote the budget at the end of this extraordinary session, the budget shall be established permanently by edict. article 111 if the appropriations bill cannot be promulgated before the beginning of the budget year, the president of the republic shall demand immediately from the national assembly the authorization to manage the receipts and expenses of the state temporarily by "douziemes provisoires". article 112 the national assembly shall regulate the accounts of the nation according to the modalities provided by the organic financial law. in this effort it shall be assisted by the chambre des comptes of the supreme court which it shall charge with all inquiries and studies relating to the management of receipts and public expenditures whether of the management of the national treasury, of the territorial communities, or of the administrations or institutions dependent on the state or submitted to its control. article 113 the government shall be obliged to furnish to the national assembly all explanations which shall be demanded of it concerning its management and its activities. the means of information and of control of the national assembly on governmental action shall be: the interpellation in accordance with article 71; the written question; the oral question with or without debate, and not followed by a vote; the parliamentary committee of inquiry. these means shall be exercised under the conditions determined by the rules of procedure of the national assembly. title v. the constitutional court article 114 the constitutional court shall be the highest jurisdiction of the state in constitutional matters. it shall be the judge of the constitutionality of the law and it shall guarantee the fundamental human rights and the public liberties. it shall be the regulatory body for the functioning of institutions and for the activity of public authorities. article 115 the constitutional court shall be composed of seven members, four of whom shall be appointed by the office of the national assembly and three by the president of the republic for a term of five years renewable only one time. no member of the constitutional court may sit for more than ten years. in order to be a member of the constitutional court, besides the condition of professional competence, one must have good morals and great honesty. the constitutional court shall include: three magistrates having at least fifteen years of experience, two of whom shall be appointed by the office of the national assembly and one by the president of the republic; two high level jurists, professors or practicing lawyers having at least fifteen years of experience, one appointed by the office of the national assembly and the other by the president of the republic. two persons of great professional reputation, one appointed by the office of the national assembly and the other by the president of the republic. the members of the constitutional court shall be irremovable for the duration of their term of office. they may not be prosecuted or arrested without the authorization of the constitutional court and the office of the supreme court sitting in joint session except in cases of flagrant offence. in these cases the matter must be referred to the president of the constitutional court and to the president of the supreme court immediately and within forty-eight hours at the latest. the duties of a member of the constitutional court are incompatible with the position of a member of the government, with the exercise of any elective mandate, with all public employment-civil or military, with any other professional activity as well as with any office of national representation except in the situation provided for in article 50 paragraph 3. an organic law shall determine the organization and operation of the constitutional court, the procedure followed before it, especially the periods of time for appeals to it as well as the immunities and the disciplinary regulation of its members. article 116 the president of the constitutional court shall be elected by his peers among the magistrates and the jurists members of the court for a term of five years. article 117 the constitutional court shall rule obligatorily on: the constitutionality of organic laws and of laws in general in advance of their promulgation; the rules of procedure of the national assembly, of the high authority of audio-visuals and communications, and of the economic and social council in advance of their enforcement with regard to their conformity to the constitution; the constitutionality of laws and regulatory acts deemed to infringe on fundamental human rights and on public liberties, and in general on the violation of the rights of the individual; the conflicts of prerogatives between the institutions of the state. oversee the regularity of the election of the president of the republic; examine the objections; rule on the irregularities that it may have found itself, and proclaim the results of the balloting; rule on the regularity of the referendum and proclaim its results; rule, in contested cases, on the regularity of legislative elections; make up the legal portion of the high court of justice with the exception of its president. article 118 it shall be equally competent to rule on the situations provided for in articles 50, 52, 57, 77, 86, 100, 102, 104 and 147. article 119 the president of the constitutional court shall be competent to: hear the oath of the president of the republic in the situations provided for in articles 58 and 68; stablize the interim period of the president of the republic in the situation provided for in article 50 paragraph 3. article 120 the constitutional court must rule within a period of fifteen days after it has been made cognizant of a text of a bill or of a complaint of the violation of human rights and of public liberties. however, at the demand of the government, if there is an emergency, this period shall be reduced to eight days. in this case, the submission of the matter to the constitutional court shall suspend the deadline for the promulgation of the law. article 121 the constitutional court, at the request of the president of the republic or of any member of the national assembly, shall give its opinion on the constitutionality of laws in advance of their promulgation. it shall give its opinion automatically on the constitutionality of laws and of any regulatory text deemed to infringe on the fundamental human rights and on the public liberties. it shall decide more generally on the violations of the rights of the individual and its decision must be reached within a period of eight days. article 122 any citizen may complain to the constitutional court about the constitutionality of laws whether directly or whether by the procedure of the exception of unconstitutionality invoked in a matter which concerns him before a court of law. this must grant a stay until the decision of the constitutional court which must be reached within a period of thirty days. article 123 the organic laws in advance of their promulgation; the rules of procedure of the national assembly, of the high authority of audio-visuals and of communications, and of the economic and social council before their enforcement must be submitted to the constitutional court which shall give its decision on their conformity to the constitution. article 124 a provision declared unconstitutional may not be promulgated or enforced. the decision of the constitutional court shall not be subject to any appeal. they shall be imperative for public authorities and for all civil, military, and jurisdictional authorities. title vi. judicial power article 125 judicial power shall be independent of the legislative power and of the executive power. it shall be exercised by the supreme court, and courts and tribunals created in accordance with the present constitution. article 126 justice shall be rendered in the name of the béninese people. the judges, in the exercise of their duties, shall be subject only to the authority of the law. sitting magistrates shall be irremovable. article 127 the president of the republic shall be the guarantor of the independence of justice. he shall be assisted by the superior council of the magistrature. article 128 the superior council of the magistrature shall rule as disciplinary council of the magistrates. the composition, prerogatives, organization and functioning of the superior council of the magistrature shall be fixed by an organic law. article 129 the magistrates shall be appointed by the president of the republic upon the motion of the guard of the seals, the minister of justice, after the advice of the superior council of the magistrature. article 130 the superior council of the magistrature shall study the documents for pardon and shall transmit them with its reasoned opinion to the president of the republic. i. the supreme court article 131 the supreme court shall be the highest court of law of the state in administrative and judicial matters and the management of the accounts of the state. it shall be equally competent in that which concerns disputed matters in local elections. the decisions of the supreme court shall not be subject to any appeal. they shall be imperative on executive power, on legislative power, as well as on all courts of law. article 132 the supreme court shall be consulted by the government more generally in all administrative and jurisdictional matters. it may, at the demand of the chief of state, be charged with the drafting and the modification of all legislative and regulatory texts prior to their examination by the national assembly. article 133 the president of the supreme court shall be appointed for a term of five years by the president of the republic from among the magistrates and high level jurists having at least fifteen years of professional experience upon the advice of the president of the national assembly and by decree taken in the council of ministers. he shall be irremovable during the duration of his mandate which shall be renewable only one time. the functions of the president of the supreme court shall be incompatible with the qualification of a member of the government, with the exercise of any elective mandate, with any public employment-civil or military, with any other professional activity, as well as with any office of national representation. article 134 the presidents of the chamber and his councilors shall be appointed from among the magistrates and high-level jurists having at least fifteen years of professional experience by decree taken in the council of ministers by the president of the republic, on a motion of the president of the supreme court and after the advice of the superior council of the magistrature. the law shall determine the status of the magistrates of the supreme court. ii. the high court of justice article 135 the high court of justice shall be composed of members of the constitutional court, with the exception of its president, and of six deputies elected by the national assembly and by the president of the supreme court. the high court shall elect from its midst its president. an organic law shall fix the rules of its functioning as well as the procedure to be followed before it. article 136 the high court of justice shall be competent to judge the president of the republic and the members of the government by reason of blatant charges of high treason, of infractions committed in the exercise of or on the occasion of the exercise of their duties, as well as to judge their accomplices in case of a plot against the security of the state. the regular courts shall remain competent for infractions perpetrated outside the exercise of their duties and for which they shall be criminally responsible. article 137 the high court of justice shall be bound by the definition of the infractions and by the determination of penalties resulting from the penal laws in force at the time of the acts. the decision to prosecute taken after the indictment of the president of the republic and of the members of the government shall be voted by a two-thirds majority of the deputies composing the national assembly according to the procedure provided by the rules of procedure of the national assembly. the investigation shall be conducted by the magistrates of the chambre d'accusation of the court of appeals having jurisdiction over the location of the seat of the national assembly. article 138 the president of the republic and the members of the government shall be suspended from their duties in case of an indictment for high treason, insult to the national assembly, and any injury to honor and honesty. in case of conviction, they shall forfeit their offices. title vii. the economic and social council article 139 the economic and social council shall give its opinion on government bills, ordinances or decrees as well as on the private bills which are submitted to it. government bills of a program with an economic or social character shall be obligatorily submitted to it for advice. the president of the republic may consult the economic and social council on any problem of an economic, social, cultural, scientific and technical nature. the economic and social council may, on its own initiative in the form of a recommendation, draw the attention of the national assembly and of the government to reforms of the economic and social order which appear to it to be consistent with or contrary to the general interest. upon the demand of the government, the economic and social council shall designate one of its members to set forth before the committees of the national assembly the opinion of the council on government bills or private bills which have been submitted to it. article 140 the economic and social council shall elect from its midst its president and the members of its office. the composition, organization and the functioning of the economic and social council shall be fixed by an organic law. article 141 the members of the economic and social council shall collect compensation for the session and travel allowances. the amount of this compensation shall be fixed by a decree taken in the council of ministers. title viii. the high authority of audio-visuals and communications article 142 the high commission of audio-visuals and communications shall have as its mission to guarantee and assure the freedom and the protection of the press, as well as all of the means of mass communication with respect to the law. it shall keep watch in respect to the deontology [ethics] in the matter of information and of the equitable access of political parties, of associations and of citizens to official means of news and communication. article 143 the president of the high authority of audio-visuals communication shall be appointed, after consultation of the president of the national assembly, by decree taken in the council of ministers. the composition, prerogatives, organization and functioning of the high authority of audio-visuals and communications shall be fixed by an organic law. title ix. treaties and international agreements article 144 the president of the republic shall negotiate and ratify treaties and international agreements. article 145 peace treaties, treaties or agreements relating to international organization, those which involve the finances of the state, those which modify the internal laws of the state, those which allow transfer, exchange or addition of territory may be ratified only in accordance with a law. no transfer, no exchange, nor addition of territory shall be valid without the consent of the interested populations. article 146 if the constitutional court, upon a submission by the president of the republic or by the president of the national assembly, shall have decided that an international obligation allows a clause contrary to the constitution, the authorization to ratify it may occur only after the revision of the constitution. article 147 treaties or agreements lawfully ratified shall have, upon their publication, an authority superior to that of laws, without prejudice for each agreement or treaty in its application by the other party. article 148 the republic of bénin may conclude with other states agreements of cooperation or of association based on the principles of equality, of mutual respect for sovereignty, of reciprocal advantages and of national dignity. article 149 the republic of bénin, anxious to realize african unity, may conclude any agreement of sub-regional or regional integration in accordance with article 145. title x. territorial units article 150 territorial units of the republic shall be created by law. article 151 these units shall administer themselves freely by elected councils and under conditions provided by the law. article 152 no expenditure for the sovereignty of the state will be charged to their budget. article 153 the state shall watch over the harmonious development of the all the territorial units based on national solidarity, regional potentialities, and inter-regional equilibrium. title xi. revision article 154 the initiative for the revision of the constitution shall belong concurrently to the president of the republic, after a decision taken in the council of ministers, and to the members of the national assembly. in order to be taken into consideration, the draft or proposal of revision must be voted by a three-fourths majority of the members composing the national assembly. article 155 the revision shall be agreed to only after having been approved by referendum, unless the draft or the proposal involved shall have been approved by a four-fifths majority of the members composing the assembly. article 156 no procedure for revision may be instituted or continued when it shall undermine the integrity of the territory. the republican form of government and the secularity of the state may not be made the object of a revision. title xii. final transitional provisions article 157 the present constitution must be promulgated within eight days after its adoption in the referendum. the president of the republic must take office; the national assembly must convene at the latest on april 1, 1991. the high council of the republic and the transitional government shall continue to exercise their functions until the new institutions are established. the oath of office of the president of the republic shall be received by the president of the high council of the republic in plenary assembly. the national assembly shall be installed by the president of the high council of the republic in the presence of the members of the said council. article 158 the legislation in force in bénin until the setting in place of the new institutions shall remain applicable except for the intervention of new texts in which there is nothing contrary to this present constitution. article 159 the present constitution shall be submitted to a referendum. the necessary arrangements for its application shall be the objective, whether by laws voted by the high council of the republic, or whether by decrees issued by the council of ministers. the prerogatives passed on by the present constitution to the constitutional court shall be exercised by the high court of the republic until the installation of the new institutions. article 160 the present law shall be enforced as the constitution of the republic of bénin. preamble we, the multinational people of the russian federation, united by a common fate on our land, establishing human rights and freedoms, civil peace and accord, preserving the historically established state unity, proceeding from universally acknowledged principles of equality and self-determination of peoples, revering the memory of ancestors who have passed on to us their love for the fatherland and faith in good and justice, reviving the sovereign statehood of russia and asserting the firmness of its democratic basis, striving to ensure the well-being and prosperity of russia, proceeding from the responsibility for our fatherland before present and future generations, recognizing ourselves to be a part of the world community, do hereby adopt the constitution of the russian federation. section one chapter 1. the basis of the constitutional system article 1 the russian federation russia is a democratic federative law-governed state with a republican form of government. the names russian federation and russia are equivalent. article 2 man, his rights and freedoms shall be the supreme value. the recognition, observance and protection of human and civil rights and freedoms shall be an obligation of the state. article 3 the bearer of sovereignty and the sole source of power in the russian federation shall be its multinational people. the people shall exercise its power directly, as well as through state government bodies and local self-government bodies. the supreme direct expression of the power of the people shall be referendum and free elections. nobody may usurp power in the russian federation. the seizure of power or usurpation of state authority shall be prosecuted under federal law. article 4 the sovereignty of the russian federation shall extend to the entirety of its territory. the constitution of the russian federation and federal laws shall have supremacy on the entire territory of the russian federation. the russian federation shall ensure the integrity and inviolability of its territory. article 5 the russian federation shall consist of republics, krays, oblasts, cities of federal significance, an autonomous oblast and autonomous okrugs, which shall have equal rights as constituent entities of the russian federation. a republic (state) shall have its own constitution and legislation. a kray, oblast, city of federal significance, autonomous oblast and autonomous okrug shall have its own charter and legislation. the federal structure of the russian federation shall be based on its state integrity, the unity of the system of state power, the division of matters of authority and powers between state government bodies of the russian federation and state government bodies of constituent entities of the russian federation, the equality and self-determination of peoples in the russian federation. all constituent entities of the russian federation shall be equal with one another in relations with federal state government bodies. article 6 citizenship of the russian federation shall be acquired and terminated in accordance with federal law, and shall be one and equal, irrespective of the grounds on which it is acquired. every citizen of the russian federation shall enjoy all rights and freedoms on its territory and shall bear equal responsibilities as envisaged in the constitution of the russian federation. a citizen of the russian federation may not be deprived of his (her) citizenship or of the right to change it. article 7 the russian federation shall be a social state whose policy is aimed at creating conditions ensuring a worthy life and a free development of man. in the russian federation the labour and health of people shall be protected, a guaranteed minimum wage shall be established, state support shall be provided for the family, maternity, fatherhood and childhood, to the disabled and to elderly citizens, the system of social services shall be developed and state pensions, allowances and other social security guarantees shall be established. article 8 in the russian federation the integrity of economic space, free flow of goods, services and financial resources, support of competition, and the freedom of economic activity shall be guaranteed. in the russian federation private, state, municipal and other forms of property shall be recognized and shall be protected on an equal basis. article 9 land and other natural resources shall be utilized and protected in the russian federation as the basis of the life and activity of the peoples living on the territories concerned. land and other natural resources may be subject to private, state, municipal and other forms of ownership. article 10 state power in the russian federation shall be exercised on the basis of its division into legislative, executive and judicial authority. bodies of legislative, executive and judicial authority shall be independent. article 11 state power in the russian federation shall be exercised by the president of the russian federation, the federal assembly (the council of federation and the state duma), the government of the russian federation, and the courts of the russian federation. state power in constituent entities of the russian federation shall be exercised by bodies of state government formed by those constituent entities. the division of authorities and powers among state government bodies of the russian federation and state government bodies of constituent entities of the russian federation shall be established by this constitution, the federation treaty and other treaties on the division of authorities and powers. article 12 local self-government shall be recognized and guaranteed in the russian federation. local self-government shall be independent within the limits of its competence. bodies of local self-government shall not form part of the system of state government bodies. article 13 ideological diversity shall be recognized in the russian federation. no ideology shall be proclaimed as state ideology or as obligatory. political diversity and the multi-party system shall be recognized in the russian federation. public associations shall be equal before the law. the establishment and activities of public associations whose goals and activities are aimed at the forcible changing of the basis of the constitutional order and at violating the integrity of the russian federation, at undermining its security, at creating armed units, and at instigating social, racial, national and religious strife shall be prohibited. article 14 the russian federation shall be a secular state. no religion may be established as the state religion or as obligatory. religious associations shall be separate from the state and shall be equal before the law. article 15 the constitution of the russian federation shall have supreme legal force, direct effect and shall be applicable on the entire territory of the russian federation. laws and other legal acts, which are adopted in the russian federation, must not contradict the constitution of the russian federation. state government bodies, local self-government bodies, officials, citizens and their associations shall be obliged to observe the constitution of the russian federation and laws. laws must be officially published. unpublished laws shall not have force. any normative legal acts concerning human and civil rights, freedoms and obligations shall not have force unless they have been officially published for the information of the general public. universally recognized principles and norms of international law as well as international agreements of the russian federation should be an integral part of its legal system. if an international agreement of the russian federation establishes rules, which differ from those stipulated by law, then the rules of the international agreement shall be applied. article 16 the provisions of this chapter of the constitution shall constitute the fundamental principles of the constitutional order of the russian federation and may not be changed except in accordance with the procedure established by this constitution. no other provisions of this constitution may conflict with the fundamental principles of the constitutional order of the russian federation. chapter 2. human and civil rights and freedoms article 17 in the russian federation human and civil rights and freedoms shall be recognized and guaranteed according to the universally recognized principles and norms of international law and this constitution. basic human rights and freedoms shall be inalienable and shall be enjoyed by everyone from birth. the exercise of human and civil rights and freedoms must not violate the rights and freedoms of other people. article 18 human and civil rights and freedoms shall have direct force. they shall determine the meaning, content and implementation of laws, the functioning of legislative and executive authority and of local self-government, and shall be guaranteed by law. article 19 all persons shall be equal before the law and the court. the state guarantees the equality of human and civil rights and freedoms regardless of sex, race, nationality, language, origin, material and official status, place of residence, attitude to religion, convictions, membership of public associations, or of other circumstances. all forms of limitations of human rights on social, racial, national, language or religious grounds shall be prohibited. men and women shall enjoy equal rights and freedoms and equal opportunities to exercise them. article 20 everyone shall have the right to life. capital punishment until its complete abolition may be established by federal law as an exclusive form of punishment for particularly grave crimes against life, and the accused shall be granted the right to have his case examined by a court with the participation of a jury. article 21 human dignity shall be protected by the state. nothing may serve as a basis for its derogation. nobody should be subjected to torture, violence, or other severe or humiliating treatment or punishment. nobody may be subjected to medical, scientific or other experiments without voluntary consent. article 22 everyone shall have the right to freedom and personal inviolability. arrest, detention and keeping in custody shall be permissible only under a court order. a person may not be detained for more than 48 hours without a court order. article 23 everyone shall have the right to the inviolability of his (her) private life, personal and family privacy, and protection of his (her) honour and good name. everyone shall have the right to privacy of correspondence, of telephone conversations and of postal, telegraph and other communications. this right may be limited only on the basis of a court order. article 24 collecting, keeping, using and disseminating information about the private life of a person shall not be permitted without his (her) consent. state government bodies and local self-government bodies and their officials shall be obliged to provide everyone with access to documents and materials directly affecting his (her) rights and freedoms, unless otherwise envisaged by law. article 25 the home shall be inviolable. nobody shall have the right to enter a dwelling place against the will of those residing therein, except in those cases provided for by federal laws or on the basis of a court order. article 26 everyone shall have the right to determine and declare his (her) nationality. nobody shall be forced to determine and declare his (her) nationality. everyone shall have the right to use his (her) native language and to a free choice of the language of communication, upbringing, education and creative work. article 27 everyone who is legally present on the territory of the russian federation shall have the right to travel freely and freely to choose the place of temporary or permanent residence. everyone may freely leave the russian federation. citizens of the russian federation shall have the right freely to return to the russian federation. article 28 everyone shall be guaranteed freedom of conscience and religion, including the right to profess individually or collectively any religion or not to profess any religion, and freely to choose, possess and disseminate religious and other convictions and act in accordance with them. article 29 everyone shall be guaranteed freedom of thought and speech. propaganda or agitation, which arouses social, racial, national or religious hatred and hostility shall be prohibited. propaganda of social, racial, national, religious or linguistic supremacy shall also be prohibited. nobody shall be forced to express his thoughts and convictions or to deny them. everyone shall have the right freely to seek, receive, transmit, produce and disseminate information by any legal means. the list of types of information, which constitute state secrets, shall be determined by federal law. the freedom of the mass media shall be guaranteed. censorship shall be prohibited. article 30 everyone shall have the right of association, including the right to establish trade unions for the protection of his (her) interests. the freedom of activity of public associations shall be guaranteed. nobody may be compelled to join any association or to stay there. article 31 citizens of the russian federation shall have the right to assemble peacefully, without weapons, hold rallies, mass meetings and demonstrations, marches and pickets. article 32 citizens of the russian federation shall have the right to participate in managing state affairs both directly and through their representatives. citizens of the russian federation shall have the right to elect and be elected to state government bodies and local self-government bodies, as well as to participate in referendums. citizens who are recognized as incapable by a court, and citizens who are kept in places of imprisonment under a court sentence, shall not have the right to elect and be elected. citizens of the russian federation shall enjoy equal access to state service. citizens of the russian federation shall have the right to participate in administering justice. article 33 citizens of the russian federation shall have the right to appeal in person and make individual and collective appeals to state bodies and local self-government bodies. article 34 everyone shall have the right to use freely his (her) abilities and property for entrepreneurial and other economic activity not prohibited by law. economic activity aimed at monopolization and unfair competition shall not be permitted. article 35 the right of private property shall be protected by law. everyone shall have the right to have property and to possess, use and dispose of it both individually and jointly with other persons. nobody may be deprived of property except under a court order. forced alienation of property for state requirements may take place only subject to prior and fair compensation. the right of inheritance shall be guaranteed. article 36 citizens and their associations shall have the right to possess land as private property. possession, utilisation and disposal of land and other natural resources shall be exercised by the owners freely provided that this is not detrimental to the environment and does not violate the rights and lawful interests of other people. the conditions and procedure for the use of land shall be determined by federal law. article 37 labour shall be free. everyone shall have the right freely to use his (her) labour skills and to choose the type of activity and occupation. compulsory labour shall be forbidden. everyone shall have the right to work in conditions, which meet safety and hygiene requirements, and to receive remuneration for labour without any discrimination whatsoever and not below the minimum wage established by federal law, as well as the right of protection against unemployment. the right of individual and collective labour disputes with the use of the methods for their resolution, which are provided for by federal law, including the right to strike, shall be recognized. everyone shall have the right to rest. for those working under labour contracts the duration of work time, days of rest and public holidays and annual paid leave established by federal law shall be guaranteed. article 38 maternity, childhood and family shall be protected by the state. care for children and their upbringing shall be the equal right and duty of parents. able-bodied children over 18 years of age must take care of disabled parents. article 39 everyone shall be guaranteed social security for old age, in case of illness, disability and loss of the breadwinner, for the bringing up of children and in other cases specified by law. state pensions and social benefits shall be established by law. voluntary social insurance, the creation of additional forms of social security and charity shall be encouraged. article 40 everyone shall have the right to a home. nobody may be arbitrarily deprived of his (her) home. state government bodies and local self-government bodies shall promote housing construction and create conditions for exercising the right to a home. low-income citizens and other citizens mentioned in law who are in need of a home may receive it either free of charge or for an affordable payment from state, municipal and other housing funds according to the norms established by law. article 41 everyone shall have the right to health protection and medical care. medical care in state and municipal health institutions shall be rendered to citizens free of charge at the expense of the appropriate budget, insurance premiums and other proceeds. in the russian federation federal programmes for the protection and improvement of the health of the public shall be financed, measures shall be taken to develop state, municipal and private healthcare systems, and activities shall be encouraged which contribute to the improvement of human health, the development of physical education and sport, and ecological, sanitary and epidemiological well-being. the concealment by officials of facts and circumstances, which pose a threat to the life and health of people, shall result in liability according to federal law. article 42 everyone shall have the right to a favourable environment, reliable information on the state of the environment and compensation for damage caused to his (her) health and property by violations of environmental laws. article 43 everyone shall have the right to education. general access and free pre-school, secondary and secondary vocational education in state and municipal educational institutions and at enterprises shall be guaranteed. everyone shall have the right to receive on a competitive basis free higher education in state and municipal educational institutions and at enterprises. basic general education shall be compulsory. parents or guardians shall ensure that children receive a basic general education. the russian federation shall establish federal state educational standards and shall support various forms of education and self-education. article 44 everyone shall be guaranteed the freedom of literary, artistic, scientific, technical and other types of creative activity and teaching. intellectual property shall be protected by law. everyone shall have the right to participate in cultural life and use cultural establishments, and the right of access to cultural valuables. everyone shall be obliged to care for the preservation of the cultural and historical heritage, and to protect monuments of history and culture. article 45 state protection of human and civil rights and freedoms in the russian federation shall be guaranteed. everyone shall have the right to protect his (her) rights and freedoms by all means not prohibited by law. article 46 everyone shall be guaranteed protection in court of his (her) rights and freedoms. decisions and actions (or inaction) of state government bodies, local self-government bodies, public organisations and officials may be appealed against in court. everyone shall have the right in accordance with international treaties of the russian federation to appeal to interstate bodies for the protection of human rights and freedoms if all available internal means of legal protection have been exhausted. article 47 nobody may be deprived of the right to have his (her) case heard in the court and by the judge within whose competence the case is placed by law. any person accused of committing a crime shall have the right to have his (her) case examined by a court with the participation of a jury in the cases envisaged by federal law. article 48 everyone shall be guaranteed the right to qualified legal assistance. in the cases envisaged by law, legal assistance shall be provided free of charge. any person detained, taken into custody or accused of committing a crime shall have the right to use the assistance of a lawyer (counsel for the defence) from the moment of being detained, placed in custody or accused. article 49 any person accused of committing a crime shall be considered innocent until his (her) guilt is proven in accordance with the procedure stipulated by federal law and is confirmed by a court sentence which has entered into legal force. the accused shall not be obliged to prove his (her) innocence. irremovable doubts about the guilt of a person shall be interpreted in favour of the accused. article 50 nobody may be convicted twice for one and the same crime. in administering justice it shall not be permitted to use evidence received through violating federal law. any person convicted of a crime shall have the right to appeal against the verdict to a higher court in accordance with the procedure established by federal law, as well as to request pardon or mitigation of the punishment. article 51 nobody shall be obliged to testify against himself, his (her) spouse or close relatives, the range of whom shall be determined by federal law. federal law may establish other cases where the obligation to give evidence may be lifted. article 52 the rights of victims of crimes and of abuses of office shall be protected by law. the state shall provide the victims with access to justice and compensation for damage sustained. article 53 everyone shall have the right to state compensation for damage caused by unlawful actions (inaction) of state government bodies and their officials. article 54 a law, which introduces or increases liability, shall not have retroactive force. nobody may bear liability for an action, which was not regarded as a crime when it was committed. if, after an offense has been committed, the extent of liability for it is lifted or mitigated, the new law shall be applied. article 55 the enumeration in the constitution of the russian federation of the basic rights and freedoms should not be interpreted as a denial or diminution of other universally recognized human and civil rights and freedoms. in the russian federation no laws must be adopted which abolish or diminish human and civil rights and freedoms. human and civil rights and freedoms may be limited by federal law only to the extent necessary for the protection of the basis of the constitutional order, morality, health, rights and lawful interests of other people, and for ensuring the defence of the country and the security of the state. article 56 in the conditions of a state of emergency, in order to ensure the safety of citizens and the protection of the constitutional order and in accordance with federal constitutional law, certain restrictions may be imposed on human rights and freedoms with an indication of their limits and the period for which they have effect. a state of emergency on the entire territory of the russian federation and in certain areas thereof may be introduced subject to the circumstances and in accordance with the procedure stipulated by federal constitutional law. the rights and freedoms specified in articles 20, 21, 23 (part 1), 24, 28, 34 (part 1), 40 (part 1), and 46-54 of the constitution of the russian federation might not be restricted. article 57 everyone shall be obliged to pay legally established taxes and levies. laws, which establish new taxes or deteriorate the position of taxpayers, shall not have retroactive force. article 58 everyone shall have a duty to preserve nature and the environment and to treat natural resources with care. article 59 defence of the fatherland shall be the duty and obligation of a citizen of the russian federation. citizens of the russian federation shall perform military service in accordance with federal law. in the event that their convictions or religious beliefs run counter to military service and in other cases established by federal law, citizens of the russian federation shall have the right to replace it with alternative civilian service. article 60 a citizen of the russian federation may exercise all of his (her) rights and duties independently from the age of 18 years. article 61 a citizen of the russian federation may not be deported from the russian federation or extradited to another state. the russian federation shall guarantee its citizens protection and patronage abroad. article 62 a citizen of the russian federation may have citizenship of a foreign state (dual citizenship) in accordance with federal law or an international treaty of the russian federation. the possession of foreign citizenship by a citizen of the russian federation shall not diminish his (her) rights and freedoms and shall not release him from obligations stipulated for russian citizenship, unless otherwise specified by federal law or an international treaty of the russian federation. foreign citizens and stateless persons shall enjoy rights and bear obligations in the russian federation on a par with citizens of the russian federation, except in those cases envisaged by federal law or by an international treaty of the russian federation. article 63 the russian federation shall grant political asylum to foreign citizens and stateless persons in accordance with the universally recognized norms of international law. in the russian federation persons who are persecuted for their political convictions or for actions (or inaction) not recognized as a crime in the russian federation may not be extradited to other states. the extradition of persons accused of a crime, as well as the surrender of convicts to serve sentence in other states, shall be carried out on the basis of federal law or an international treaty of the russian federation. article 64 the provisions of this chapter shall constitute the fundamental principles of the legal status of the individual in the russian federation and may not be changed otherwise than in accordance with the procedure which is established by this constitution. chapter 3. the federal structure article 65 the russian federation shall be composed of the following constituent entities of the russian federation: republic of adygeya (adygeya), republic of altai, republic of bashkortostan, republic of buryatia, republic of crimea, republic of daghestan, republic of ingushetia, kabardino-balkarian republic, republic of kalmykia, karachayevo-cherkessian republic, republic of karelia, komi republic, republic of marij el, republic of mordovia, republic of sakha(yakutia), republic of north osetia alania, republic of tatarstan (tatarstan), republic of tuva, udmurtian republic, republic of khakasia, chechen republic, chuvashi republic chuvashia; altai kray, krasnodar kray, krasnoyarsk kray, perm kray, primorie kray, stavropol kray, khabarovsk kray; amur oblast, arkhangelsk oblast, astrakhan oblast, belgorod oblast, bryansk oblast, vladimir oblast, volgograd oblast, vologda oblast, voronezh oblast, ivanovo oblast, irkutsk oblast, kaliningrad oblast, kaluga oblast, kamchatka oblast, kemerovo oblast, kirov oblast, kostroma oblast, kurgan oblast, kursk oblast, leningrad oblast, lipets oblast, magadan oblast, moscow oblast, murmansk oblast, nizhni novgorod oblast, novgorod oblast, novosibirsk oblast, omsk oblast, orenburg oblast, oryol oblast, penza oblast, pskov oblast, rostov oblast, ryazan oblast, samara oblast, saratov oblast, sakhalin oblast, sverdlovsk oblast, smolensk oblast, tambov oblast, tver oblast, tomsk oblast, tula oblast, tyumen oblast, ulyanovsk oblast, chelyabinsk oblast, chita oblast, yaroslavl oblast; moscow, st. petersburg, sevastopol cities of federal significance; the jewish autonomous oblast; nenets autonomous okrug, khanty-mansijsk autonomous okrug yugra, chukotka autonomous okrug, yamalo-nenets autonomous okrug. admission into the russian federation and creation of a new constituent entity shall take place in accordance with the procedure established by federal constitutional law. article 66 the status of a republic shall be determined by the constitution of the russian federation and the constitution of the republic. the status of a kray, oblast, city of federal significance, autonomous oblast, autonomous okrug shall be determined by the constitution of the russian federation and the charter of the kray, oblast, city of federal significance, autonomous oblast and autonomous okrug which is adopted by the legislative (representative) body of the corresponding constituent entity of the russian federation. on a submission from legislative and executive bodies of an autonomous oblast or autonomous okrug, a federal law concerning an autonomous oblast or autonomous okrug may be adopted. relations among autonomous okrugs within krays and oblasts may be regulated by federal law or by a treaty between state government bodies of the autonomous okrug and, accordingly, state government bodies of the kray or oblast. the status of a constituent entity of the russian federation may be changed by mutual agreement between the russian federation and the constituent entity of the russian federation in accordance with federal constitutional law. article 67 the territory of the russian federation shall comprise the territories of its constituent entities, inland waters and territorial sea and the air space over them. the russian federation shall have sovereign rights and exercise jurisdiction on the continental shelf and in the exclusive economic zone of the russian federation in accordance with the procedure specified by federal law and norms of international law. borders between constituent entities of the russian federation may be changed upon their mutual consent. article 68 the russian language shall be the state language on the entire territory of the russian federation. republics shall have the right to establish their own state languages. in state government bodies, local self-government bodies and state institutions of republics they shall be used together with the state language of the russian federation. the russian federation shall guarantee all of its peoples the right to preserve their native language and to create conditions for its study and development. article 69 the russian federation shall guarantee the rights of indigenous small peoples in accordance with the universally recognized principles and norms of international law and international treaties of the russian federation. article 70 the state flag, emblem and anthem of the russian federation, their description and the procedure for the official use thereof shall be established by federal constitutional law. the capital of the russian federation shall be the city of moscow. the status of the capital shall be established by federal law. article 71 the russian federation shall have jurisdiction over: the adoption and amending of the constitution of the russian federation and federal laws, control over compliance therewith; the federative structure and the territory of the russian federation; regulation and protection of human and civil rights and freedoms; citizenship in the russian federation, regulation and protection of the rights of national minorities; establishment of the system of federal legislative, executive and judicial bodies, the procedure for their organisation and activities, the formation of federal state government bodies; federal state property and administration thereof; establishment of the basic principles of federal policy and federal programmes in the sphere of state, economic, ecological, social, cultural and national development of the russian federation; establishment of the basic legal principles for the unified market; financial, currency, credit and customs regulation; money emission; the basic principles of pricing policy, federal economic services, including federal banks; the federal budget, federal taxes and levies, federal funds of regional development; federal power-engineering systems, nuclear power, fissile materials, federal transport, railways, information and communication, activities in space; foreign policy and international relations of the russian federation, international treaties of the russian federation, issues of war and peace; foreign economic relations of the russian federation; defence and security; military production; determination of the procedure for selling and purchasing weapons, ammunition, military equipment and other military hardware; production of poisonous substances, narcotic substances and the procedure for their use; determination of the status and protection of the state border, territorial sea, air space, the exclusive economic zone and the continental shelf of the russian federation; the judicial system, public prosecution, criminal and criminal-executive legislation, amnesty and remission, civil legislation, procedural legislation, legal regulation of intellectual property; federal collision law; meteorological service, standards, metric and time systems, geodesy and cartography, names of geographical units, official statistics and accounting; state awards and honorary titles of the russian federation; federal state service. article 72 the following shall be within the joint jurisdiction of the russian federation and constituent entities of the russian federation: measures to ensure the correspondence of constitutions and laws of republics, the charters, laws and other normative legal acts of krays, oblasts, cities of federal significance, autonomous oblast and autonomous okrugs to the constitution of the russian federation and federal laws; protection of human and civil rights and freedoms, protection of the rights of national minorities, ensuring lawfulness, law and order, public security; border zone regimes; issues of the possession, utilisation and management of land and of subsurface, water and other natural resources; demarcation of state property; use of natural resources, protection of the environment and provisions for ecological safety; specially protected natural territories, protection of historical and cultural monuments; general issues of upbringing, education, science, culture, physical education and sport; coordination of health care issues; protection of the family, maternity, fatherhood and childhood, social protection, including social security; carrying out measures against catastrophes, natural disasters, epidemics and rectification of their consequences; establishment of common principles of taxation and levies in the russian federation; administrative, administrative-procedural, labour, family, housing, land, water and forest legislation; legislation on subsurface resources and on environmental protection; personnel of judicial and law enforcement bodies; lawyers, notaries; protection of the traditional habitat and the traditional way of life of small ethnic communities; establishment of general principles of the organisation of the system of state government and local self-government bodies; coordination of international and foreign economic relations of constituent entities of the russian federation, observance of international agreements of the russian federation. the provisions of this article shall be equally valid for republics, krays, oblasts, cities of federal significance, autonomous oblast and autonomous okrugs. article 73. outside the limits of authority of the russian federation and the powers of the russian federation on issues under the joint jurisdiction of the russian federation and constituent entities of the russian federation, the constituent entities of the russian federation shall enjoy full state power. article 74. in the territory of the russian federation it shall not be permitted to establish custom borders, duties, levies or any other barriers to the free flow of goods, services and financial resources. restrictions on the movement of goods and services may be introduced in accordance with federal law only to ensure security, to protect the life and health of people and top reserve nature and cultural values. article 75 the monetary unit in the russian federation shall be the rouble. money emission shall be carried out exclusively by the central bank of the russian federation. the introduction and emission of other currencies in russia shall not be permitted. protecting and ensuring the stability of the rouble shall be the principal function of the central bank of the russian federation, which it shall fulfil independently of other state governmental bodies. the system of taxes paid to the federal budget and the general principles of taxation and levies in the russian federation shall be determined by federal law. state loans shall be issued in accordance with the procedure specified by federal law and shall be floated on a voluntary basis. article 76 on issues under the jurisdiction of the russian federation, federal constitutional laws and federal laws shall be adopted. these shall have direct force on the entire territory of the russian federation. on issues under the joint jurisdiction of the russian federation and the constituent entities of the russian federation, in addition to federal laws, laws and other normative legal acts of constituent entities of the russian federation shall be issued which are adopted in accordance with those federal laws. federal laws may not conflict with federal constitutional laws. outside the limits of authority of the russian federation and of the joint jurisdiction of the russian federation and constituent entities of the russian federation republics, krays, oblasts, cities of federal significance, autonomous oblast and autonomous okrugs shall exercise their own legal regulation, including the adoption of laws and other normative legal acts. laws and other normative legal acts of the constituent entities of the russian federation shall not conflict with federal laws which are adopted in accordance with parts one and two of this article. in the event of a conflict between a federal law and any other act issued in the russian federation, the federal law shall prevail. in the event of a conflict between a federal law and a normative legal act of a constituent entity of the russian federation issued in accordance with part four of this article, the normative legal act of the constituent entity of the russian federation shall prevail. article 77 the system of state government bodies of republics, krays, oblasts, cities of federal significance, autonomous oblast and autonomous okrugs shall be established by the constituent entities of the russian federation independently in accordance with the basic principles of the constitutional order of the russian federation and the general principles of the organisation of representative and executive state government bodies which are established by federal law. within the limits of the jurisdiction and powers of the russian federation on issues under the joint jurisdiction of the russian federation and the constituent entities of the russian federation federal executive government bodies and executive government bodies of the constituent entities of the russian federation shall form a unified system of executive authority in the russian federation. article 78 federal executive government bodies may, in order to exercise their powers, establish their own territorial bodies and appoint appropriate officials. federal executive government bodies, by agreement with executive government bodies of constituent entities of the russian federation, may delegate some of their powers to the latter provided that this does not conflict with the constitution of the russian federation and federal laws. executive government bodies of constituent entities of the russian federation, by agreement with federal executive government bodies, may delegate some of their powers to the latter. the president of the russian federation and the government of the russian federation shall provide for the implementation of the powers of federal state power on the entire territory of the russian federation in accordance with the constitution of the russian federation. article 79 the russian federation may participate in interstate associations and transfer some of its powers to those associations in accordance with international treaties provided that this does not entail restrictions on human and civil rights and freedoms and does not conflict with the basic principles of the constitutional order of the russian federation. chapter 4. the president of the russian federation article 80 the president of the russian federation shall be the head of state. the president of the russian federation shall be the guarantor of the constitution of the russian federation and of human and civil rights and freedoms. in accordance with the procedure established by the constitution of the russian federation, he (she) shall adopt measures to protect the sovereignty of the russian federation, its independence and state integrity, and shall ensure the coordinated functioning and interaction of state government bodies. the president of the russian federation shall, in accordance with the constitution of the russian federation and federal laws, determine the basic objectives of the internal and foreign policy of the state. the president of the russian federation, as the head of state, shall represent the russian federation within the country and in international relations. article 81 the president of the russian federation shall be elected for six years by citizens of the russian federation on the basis of universal, equal, direct suffrage by secret ballot. any citizen of the russian federation not younger than 35 years of age who has resided in the russian federation on a permanent basis for not less than 10 years may be elected president of the russian federation. one and the same person cannot hold the office of the president of the russian federation for more than two terms running. the procedure for elections of the president of the russian federation shall be determined by federal law. article 82 on assuming office the president of the russian federation shall take the following oath of loyalty to the people: "i swear that in exercising the powers of the president of the russian federation i shall respect and protect human and civil rights and freedoms, observe and protect the constitution of the russian federation, protect the sovereignty and independence, security and integrity of the state, and faithfully serve the people". the oath shall be taken in a solemn ceremony in the presence of members of the council of federation, deputies of the state duma and judges of the constitutional court of the russian federation. article 83 the president of the russian federation: shall appoint, with the consent of the state duma, the chairman of the government of the russian federation; shall have the right to chair meetings of the government of the russian federation; shall adopt decisions on the resignation of the government of the russian federation; shall nominate to the state duma a candidate for appointment to the post of chairman of the central bank of the russian federation; shall raise before the state duma the issue of relieving the chairman of the central bank of the russian federation of his post; in accordance with proposals of the chairman of the government of the russian federation, shall appoint and relieve of their post deputy chairmen of the government of the russian federation and federal ministers; shall present to the council of federation candidates for the posts of judges of the constitutional court of the russian federation, the supreme court of the russian federation, shall appoint judges of other federal courts; shall present to the council of federation candidates for the posts of prosecutor general of the russian federation and deputies of the prosecutor general of the russian federation, shall submit to the council of federation proposals to relieve the prosecutor general and deputies of the prosecutor general of their posts, shall appoint and relieve from posts public prosecutors of the constituent entities of the russian federation, as well as other prosecutors, except for public prosecutors of cities, districts and prosecutors equated with them; shall appoint and dismiss the representatives of the russian federation in the council of the federation; shall form and head the security council of the russian federation, the status of which shall be determined by federal law; shall approve the military doctrine of the russian federation; shall form the administration of the president of the russian federation; shall appoint and dismiss plenipotentiary representatives of the president of the russian federation; shall appoint and dismiss supreme commanders of the armed forces of the russian federation; shall appoint and recall after consultations with appropriate committees and commissions of the chambers of the federal assembly diplomatic representatives of the russian federation in foreign states and international organisations. article 84 the president of the russian federation: shall announce elections to the state duma in accordance with the constitution of the russian federation and federal law; shall dissolve the state duma in the cases and in accordance with the procedure provided for by the constitution of the russian federation; shall announce referendums in accordance with the procedure established by federal constitutional law; shall submit draft laws to the state duma; shall sign and promulgate federal laws; shall address the federal assembly with annual messages on the situation in the country and on the basic objectives of the internal and foreign policy of the state. article 85 the president of the russian federation may use conciliatory procedures to resolve disputes between state government bodies of the russian federation and state government bodies of constituent entities of the russian federation, and disputes between state government bodies of constituent entities of the russian federation. in the event that no agreed decision is reached, he (she) shall have the right to refer the dispute to the appropriate court. the president of the russian federation shall have the right to suspend acts of executive government bodies of constituent entities of the russian federation in the event that these acts conflict with the constitution of the russian federation and federal laws or with international commitments of the russian federation, or violate human and civil rights and freedoms until the issue is resolved by an appropriate court. article 86 the president of the russian federation: shall direct the foreign policy of the russian federation; shall hold negotiations and sign international treaties of the russian federation; shall sign instruments of ratification; shall receive letters of credence and letters of recall of diplomatic representatives accredited to his (her) office. article 87 the president of the russian federation shall be the supreme commander-in-chief of the armed forces of the russian federation. in the event of aggression against the russian federation or of a direct threat of aggression, the president of the russian federation shall introduce martial law on the territory of the russian federation or on certain parts thereof and shall immediately inform the council of federation and the state duma of this. the regime of martial law shall be defined by federal constitutional law. article 88 the president of the russian federation, in the circumstances and in accordance with the procedure envisaged by federal constitutional law, shall introduce a state of emergency on the territory of the russian federation or on certain parts thereof and shall immediately inform the council of federation and the state duma of this. article 89 the president of the russian federation: shall decide on issues of citizenship of the russian federation and of granting political asylum; shall bestow state awards of the russian federation and confer honorary titles of the russian federation and supreme military and supreme special titles; shall grant pardon. article 90 the president of the russian federation shall issue edicts and regulations. the edicts and regulations of the president of the russian federation shall be binding on the entire territory of the russian federation. edicts and regulations of the president of the russian federation must not conflict with the constitution of the russian federation and federal laws. article 91 the president of the russian federation shall have immunity. article 92 the president of the russian federation shall begin to exercise his (her) powers from the moment of taking the oath and shall cease to do so when his (her) term of office expires and after a newly-elected the president of the russian federation has been sworn in. the president of the russian federation shall cease to exercise his (her) powers before the end of his (her) term in the event of his (her) resignation, persistent inability for health reasons to carry out the powers invested in him (her), or impeachment. presidential elections shall be held before the expiration of three months from the date of the early termination of presidential office. in all cases where the president of the russian federation is unable to fulfil his (her) duties, they shall be temporarily delegated to the chairman of the government of the russian federation. the acting president of the russian federation shall not have the right to dissolve the state duma, call a referendum or to submit proposals for amendments to and the revision of the provisions of the constitution of the russian federation. article 93 the president of the russian federation may be impeached by the council of federation only on the basis of charges of high treason or of another grave crime brought by the state duma and confirmed by a resolution of the supreme court of the russian federation on the existence of indications of a crime in the actions of the president of the russian federation and by a resolution of the constitutional court of the russian federation confirming that the established procedure for bringing charges has been observed. the decision of the state duma to bring charges and the decision of the council of federation to impeach the president must be adopted by two-thirds of votes of the total number of members of each chamber on the initiative of not less than one third of deputies of the state duma and on the basis of a resolution of a special commission setup by the state duma. the decision of the council of federation to impeach the president of the russian federation must be adopted not later than three months after the state duma brings charges against the president. if a decision of the council of federation is not adopted within this time the charges against the president shall be regarded as having been declined. chapter 5. the federal assembly article 94 the federal assembly parliament of the russian federation shall be the representative and legislative body of the russian federation. article 95 the federal assembly shall consist of two chambers the council of federation and the state duma. the council of federation shall include: two representatives from each constituent entity of the russian federation one from the legislative (representative) and one from executive body of state government; representatives of the russian federation, appointed by the president of the russian federation, the number of which shall not be more than ten percent of the members of the council of federation representatives from legislative (representative) and executive bodies of state government of constituent entities of the russian federation. a member of the council of federation â�� a representative from legislative (representative) or executive body of state government of a constituent entity of the russian federation shall be vested with authority for the term of the relevant body of state government of the constituent entity of the russian federation. the president of the russian federation shall have no right during the first term of his (her) presidency to dismiss a member of the council of federation representative of the russian federation who was appointed prior to his (her) entry into office, except in instances where this is provided for by federal law. the state duma shall consist of 450 deputies. article 96 the state duma shall be elected for a term of five years. the procedure for forming the council of federation and the procedure for electing deputies to the state duma shall be established by federal laws. article 97 any citizen of the russian federation who has reached 21 years of age and who has the right to participate in elections may be elected deputy of the state duma. one and the same person may not be simultaneously a member of the council of federation and a deputy of the state duma. a deputy of the state duma may not be a deputy of other representative state government bodies and local self-government bodies. deputies of the state duma shall work on a professional permanent basis. deputies of the state duma may not be employed in state service or engage in other paid activities, except for teaching and scientific and other creative work. article 98 members of the council of federation and deputies of the state duma shall enjoy immunity during the whole term of their office. they may not be detained, arrested or searched, except in the event of detention at the scene of a crime. they may not be subjected to personal searches, except in instances where this is provided for by federal law in order to ensure the safety of other people. the issue of the removal of immunity shall be resolved by an appropriate chamber of the federal assembly upon submission of the prosecutor general of the russian federation. article 99 the federal assembly shall be a permanently functioning body. the state duma shall convene its first session on the thirtieth day after election. the president of the russian federation may convene a session of the state duma earlier than this date. the first session of the state duma shall be opened by the oldest deputy. from the moment that the state duma of a new convocation begins to work the powers of the state duma of the previous convocation shall expire. article 100 the council of federation and the state duma shall hold separate sessions. sessions of the council of federation and of the state duma shall be open. in the cases envisaged by the procedural regulations of a chamber, the latter shall have the right to hold closed-door sessions. the chambers may hold joint sessions to hear messages of the president of the russian federation, messages of the constitutional court of the russian federation and speeches of leaders of foreign states. article 101 the council of federation shall elect from among its members the chairman of the council of federation and his (her) deputies. the state duma shall elect from among its members the chairman of the state duma and his (her) deputies. the chairman of the council of federation and his (her) deputies and the chairman of the state duma and his (her) deputies shall chair sessions and shall be in charge of the internal routine of the chamber. the council of federation and the state duma shall set up committees and commissions and shall hold parliamentary hearings on issues under their authority. each of the chambers shall adopt its procedural regulations and resolve issues relating to the routine procedures for its activities. to monitor implementation of the federal budget the council of federation and the state duma shall set up the accounts chamber, whose composition and work procedures shall be determined by federal law. article 102 the following shall be within the jurisdiction of the council of federation: approval of border changes between constituent entities of the russian federation; approval of edict of the president of the russian federation on the introduction of martial law; approval of edict of the president of the russian federation on the introduction of a state of emergency; deciding on the possibility of using the armed forces of the russian federation outside the territory of the russian federation; announcement of elections of the president of the russian federation; impeachment of the president of the russian federation; appointment of judges of the constitutional court of the russian federation, of the supreme court of the russian federation; appointment and dismissal of the prosecutor general of the russian federation and deputies of the prosecutor general of the russian federation; appointment and dismissal of the deputy chairman and half of the auditors of the accounts chamber. the council of federation shall adopt decrees on issues referred to its authority by the constitution of the russian federation. decrees of the council of federation shall be adopted by a majority of the total number of members of the council of federation unless another procedure for adopting decisions is envisaged by the constitution of the russian federation. article 103 the following shall be within the jurisdiction of the state duma: consent to the appointment of the chairman of the government of the russian federation by the president of the russian federation; deciding the issue of confidence in the government of the russian federation; hearing annual reports from the government of the russian federation on the results of its work, including on issues raised by the state duma; appointment and dismissal of the chairman of the central bank of the russian federation; appointment and dismissal of the chairman and half of the auditors of the accounts chamber; appointment and dismissal of the commissioner for human rights, who shall act according to federal constitutional law; announcement of amnesty; bringing charges against the president of the russian federation for his (her) impeachment; the state duma shall adopt decrees on issues referred to its authority by the constitution of the russian federation. decrees of the state duma shall be adopted by a majority of the total number of deputies of the state duma, unless another procedure for adopting decisions is envisaged by the constitution of the russian federation. article 104 the right of legislative initiative shall belong to the president of the russian federation, the council of federation, members of the council of federation, deputies of the state duma, the government of the russian federation, and legislative (representative) bodies of constituent entities of the russian federation. the right of legislative initiative shall also belong to the constitutional court of the russian federation and the supreme court of the russian federation on issues within their competence. bills shall be submitted to the state duma. bills on the introduction or cancellation of taxes, on exemption from taxes, on the issue of state loans, on changes in the financial obligations of the state, and other bills envisaging expenses to be covered from the federal budget may be submitted only upon a resolution of the government of the russian federation. article 105 federal laws shall be adopted by the state duma. federal laws shall be adopted by a majority of votes of the total number of deputies of the state duma, unless otherwise envisaged by the constitution of the russian federation. federal laws adopted by the state duma shall be submitted within five days for examination by the council of federation. a federal law shall be considered to have been approved by the council of federation if over a half of the total number of members of that chamber have voted for it or if the council of federation does not examine it within fourteen days. in the event that the council of federation rejects a federal law, the chambers may set up a conciliatory commission to settle differences, after which the federal law shall be reconsidered by the state duma. in the event that the state duma disagrees with the decision of the council of federation a federal law shall be considered to have been adopted if in the second vote not less than two thirds of the total number of deputies of the state duma has voted in favour of it. article 106 federal laws adopted by the state duma on the following issues must compulsorily be examined by the council of federation: the federal budget; federal taxes and levies; financial, currency, credit and customs regulation, money emission; ratification and denunciation of international treaties of the russian federation; the status and protection of the state border of the russian federation; war and peace. article 107 an adopted federal law shall be submitted within five days to the president of the russian federation for signing and promulgation. the president of the russian federation shall sign the federal law and promulgate it within fourteen days. if the president of the russian federation rejects a federal law within fourteen days of receiving it, the state duma and the council of federation shall reconsider that law in accordance with the procedure established by the constitution of the russian federation. if upon reconsideration the law is approved in the previously adopted wording by a majority of not less than two thirds of the total number of members of the council of federation and of deputies of the state duma, it must be signed by the president within seven days and promulgated. article 108 federal constitutional laws shall be adopted on issues envisaged by the constitution of the russian federation. a federal constitutional law shall be considered to have been adopted if it is approved by a majority of not less than three quarters of the total number of members of the council of federation and not less than two-thirds of the total number of deputies of the state duma. an adopted federal constitutional law shall be signed by the president of the russian federation and promulgated within fourteen days. article 109 the state duma may be dissolved by the president of the russian federation in the cases envisaged by articles 111 and 117 of the constitution of the russian federation. in the event that the state duma is dissolved, the president of the russian federation shall announce the date of elections so that a newly-elected state duma may be convened not later than four months after the dissolution. the state duma may not be dissolved on the grounds envisaged in article 117 of the constitution of the russian federation during the year following its election. the state duma may not be dissolved from the moment that it brings charges against the president of the russian federation until the council of federation adopts a decision on the issue. the state duma may not be dissolved while a state of emergency or martial law is in effect on the whole territory of the russian federation, or during the last six months of the term of office of the president of the russian federation. chapter 6. the government of the russian federation article 110 executive power in the russian federation shall be exercised by the government of the russian federation. the government of the russian federation shall consist of the chairman of the government of the russian federation, deputy chairmen of the government of the russian federation and federal ministers. article 111 the chairman of the government of the russian federation shall be appointed by the president of the russian federation with the consent of the state duma. nominations for the chairman of the government of the russian federation shall be submitted not later than two weeks after a newly-elected president of the russian federation assumes office or after the resignation of the government of the russian federation or within one week after the state duma has rejected a nomination. the state duma shall consider the candidate nominated by the president of the russian federation for the post of chairman of the government of the russian federation within one week after the submission of the nomination. in the event that the state duma rejects the candidates for the post of chairman of the government of the russian federation three times, the president of the russian federation shall appoint the chairman of the government of the russian federation, dissolve the state duma and announce new elections. article 112 the chairman of the government of the russian federation shall, not later than one week after appointment, submit to the president of the russian federation proposals on the structure of federal executive government bodies. the chairman of the government of the russian federation shall propose to the president of the russian federation candidates for the posts of deputy chairmen of the government of the russian federation and federal ministers. article 113 the chairman of the government of the russian federation, in accordance with the constitution of the russian federation, federal laws and edicts of the president of the russian federation, shall determine the basic objectives of the activities of the government of the russian federation and shall organize its work. article 114 the government of the russian federation: shall develop and submit to the state duma a federal budget and provide for its implementation; shall submit to the state duma a report on the implementation of the federal budget; and shall submit to the state duma annual reports on the results of its work, including on issues raised by the state duma; shall ensure the implementation in the russian federation of a uniform financial, credit and monetary policy; shall ensure the implementation in the russian federation of a uniform state policy in the sphere of culture, science, education, health, social security and ecology; shall carry out the administration of federal property; shall carry out measures to secure the defense of the country, state security, and implementation of the foreign policy of the russian federation; shall implement measures to ensure lawfulness and civil rights and freedoms, protect property and public order, and combat crime; shall exercise other functions, which are entrusted to it by the constitution of the russian federation, federal laws and edicts of the president of the russian federation. the procedure for the activities of the government of the russian federation shall be determined by federal constitutional law. article 115 on the basis of the constitution of the russian federation, federal laws and normative edicts of the president of the russian federation and for the purpose of their implementation, the government of the russian federation shall issue decrees and regulations and ensure their implementation. decrees and regulations of the government of the russian federation shall be binding in the russian federation. in the event that decrees and regulations of the government of the russian federation conflict with the constitution of the russian federation, federal laws and edicts of the president of the russian federation, they may be abolished by the president of the russian federation. article 116 the government of the russian federation shall resign its powers before a newly-elected president of the russian federation. article 117 the government of the russian federation may offer its resignation and the president of the russian federation shall either accept or reject it. the president of the russian federation may decide on the resignation of the government of the russian federation. the state duma may express no confidence in the government of the russian federation. a resolution of no confidence in the government shall be adopted by a majority of votes of the total number of deputies of the state duma. after the state duma has expressed no confidence in the government of the russian federation, the president of the russian federation shall have the right to announce the resignation of the government or to reject the decision of the state duma. in the event that the state duma expresses no confidence in the government of the russian federation again within three months, the president of the russian federation shall announce the resignation of the government or dissolve the state duma. the chairman of the government of the russian federation may raise before the state duma the issue of confidence in the government of the russian federation. if the state duma returns a vote of no confidence, the president shall within seven days adopt a decision on the resignation of the government of the russian federation or on the dissolution of the state duma and the announcement of new elections. in the event of the resignation or cessation of the powers of the government of the russian federation, it shall continue to work on the instructions of the president of the russian federation until a new government of the russian federation is formed. chapter 7. judicial authority and public prosecution article 118 justice in the russian federation shall be administered only by court. judicial authority shall be exercised by means of constitutional, civil, administrative and criminal proceedings. the judicial system in the russian federation shall be established by the constitution of the russian federation and federal constitutional law. the creation of extraordinary courts shall not be permitted. article 119 judges shall be citizens of the russian federation over 25 years of age with a higher education in law who have served in the legal profession for not less than five years. federal law may establish additional requirements for judges of the courts of the russian federation. article 120 judges shall be independent and shall be subordinate only to the constitution of the russian federation and federal law. should a court establish when considering a case that a legal act of a state or other body conflicts with law, it shall take a decision in accordance with the law. article 121 judges shall be irremovable. the powers of a judge may be terminated or suspended only on the grounds and in accordance with the procedure established by federal law. article 122 judges shall be inviolable. a judge cannot face criminal liability otherwise than in accordance with the procedure established by federal law. article 123 the examination of cases in all courts shall be open. cases may be heard in closed sessions in those instances where this is permitted by federal law. the examination of criminal cases by default in courts shall not be permitted except in instances where this is permitted by federal law. judicial proceedings shall be conducted on the basis of controversy and the equality of the parties concerned. in cases provided for by federal law, judicial proceedings shall be conducted with the participation of a jury. article 124 courts shall be financed only from the federal budget and should ensure the possibility of the complete and independent administration of justice according to the requirements of federal law. article 125 the constitutional court of the russian federation shall consist of 19 judges. the constitutional court of the russian federation, at the request of the president of the russian federation, the council of federation, the state duma, one fifth of the members of the council of federation or of the deputies of the state duma, the government of the russian federation, the supreme court of the russian federation, and bodies of legislative and executive power of constituent entities of the russian federation, shall decide cases on conformity to the constitution of the russian federation of: federal laws, normative acts of the president of the russian federation, the council of federation, the state duma, the government of the russian federation; constitutions of republics, charters as well as laws and other normative acts of constituent entities of the russian federation adopted on issues under the jurisdiction of bodies of state power of the russian federation and under the joint jurisdiction of bodies of state power of the russian federation and bodies state power of constituent entities of the russian federation; treaties between bodies of state power of the russian federation and bodies of state power of constituent entities of the russian federation, treaties between bodies of state power of constituent entities of the russian federation; international treaties of the russian federation pending their entry into force. the constitutional court of the russian federation shall resolve disputes on authority: between federal state government bodies; between state government bodies of the russian federation and state government bodies of constituent entities of the russian federation; between higher state government bodies of constituent entities of the russian federation. the constitutional court of the russian federation, on receiving complaints about violations of the constitutional rights and freedoms of citizens and upon request of courts, shall check, in accordance with the procedure established by federal law, the constitutionality of a law which is used or is to be used in a particular case. the constitutional court of the russian federation, upon request of the president of the russian federation, the council of federation, the state duma, the government of the russian federation, and legislative authorities of constituent entities of the russian federation, shall provide interpretation of the constitution of the russian federation. acts or certain provisions thereof, which are recognized as unconstitutional, shall lose force; international treaties of the russian federation, which do not correspond to the constitution of the russian federation, shall not be implemented or used. the constitutional court of the russian federation, upon request of the council of federation, shall issue a resolution on the observation of the established procedure for bringing charges of treason or of other grave crimes against the president of the russian federation. article 126 the supreme court of the russian federation shall be the highest judicial body for civil cases, settlement of economic disputes, criminal, administrative and other cases under the jurisdiction of courts formed in accordance with federal constitutional law; it shall exercise judicial supervision over their activities in the procedural forms envisaged by federal law and shall provide interpretation on issues of court proceedings. article 127 [excluded in accordance with the law of the russian federation on amendment to the constitution of the russian federation of 5th february, 2014 no. 2-ð¤ð�] article 128 judges of the constitutional court of the russian federation, the supreme court of the russian federation shall be appointed by the council of federation upon nomination by the president of the russian federation. judges of other federal courts shall be appointed by the president of the russian federation in accordance with the procedure established by federal law. the powers and the procedure for the formation and activity of the constitutional court of the russian federation, the supreme court of the russian federation and other federal courts shall be established by federal constitutional law. article 129 powers, organization and procedure for the activity of public prosecution of the russian federation shall be determined by federal law. the prosecutor general of the russian federation and deputies of the prosecutor general of the russian federation shall be appointed and dismissed by the council of federation upon a proposal of the president of the russian federation. public prosecutors of constituent entities of the russian federation shall be appointed by the president of the russian federation upon nomination of the prosecutor general coordinated with constituent entities of the russian federation. public prosecutors of constituent entities of the russian federation shall be dismissed by the president of the russian federation. other public prosecutors, except for public prosecutors of cities, districts and public prosecutors equated with them shall be appointed and dismissed by the president of the russian federation. public prosecutors of cities, districts and public prosecutors equated with them shall be appointed and dismissed by the prosecutor general of the russian federation. chapter 8. local self-government article 130 local self-government in the russian federation shall provide for the independent resolution by the population of issues of local importance, and the possession, use and management of municipal property. local self-government shall be exercised by citizens by means of referendum, elections and other forms of direct expression of their will, and through elected and other bodies of local self-government. article 131 local self-government shall be administered in urban and rural settlements and on other territories with due consideration to historical and other local traditions. the structure of bodies of local self-government shall be determined by the population independently. changes of borders of the territories in which local self-government is administered shall be permitted with due consideration to the opinion of the inhabitants of the relevant territories. article 132 bodies of local self-government shall independently manage municipal property, form, approve and implement the local budget, introduce local taxes and levies, ensure the preservation of public order, and resolve other issues of local importance. bodies of local self-government may be vested by law with certain state powers and accordingly receive material and financial resources which are necessary for their implementation. the implementation of the vested power shall be controlled by the state. article 133 local self-government in the russian federation shall be guaranteed by the right to legal protection and compensation of additional expenses arising as a result of decisions adopted by state government bodies, and by a ban on restrictions of the rights of local self-government which are established by the constitution of the russian federation and federal laws. chapter 9. constitutional amendments and revision of the constitution article 134 proposals on amendments to and revision of the provisions of the constitution of the russian federation may be submitted by the president of the russian federation, the council of federation, the state duma, the government of the russian federation, legislative (representative) bodies of constituent entities of the russian federation, and by groups consisting of not less than one fifth of the members of the council of federation or of the deputies of the state duma. article 135 the provisions of chapters 1, 2 and 9 of the constitution of the russian federation may not be revised by the federal assembly. if a proposal on revising the provisions of chapters 1, 2 and 9 of the constitution of the russian federation is supported by three fifths of the total number of members of the council of federation and deputies of the state duma, then in accordance with federal constitutional law, a constitutional assembly shall be convened. the constitutional assembly shall either confirm the invariability of the constitution of the russian federation or draft a new constitution of the russian federation, which shall be adopted by the constitutional assembly by two thirds of the total number of its members or shall be referred to a referendum. in the event that a referendum is held, the constitution of the russian federation shall be considered to have been adopted if over one half of voters who participated in the vote voted in favour of it and provided that over a half of the electorate participated in the referendum. article 136 amendments to the provisions of chapters 3-8 of the constitution of the russian federation shall be adopted in accordance with the procedure established for the adoption of federal constitutional law and shall come into force after they have been approved by legislative authorities of not less than two thirds of the constituent entities of the russian federation. article 137 amendments to article 65 of the constitution of the russian federation which determines the composition of the russian federation shall be introduced on the basis of a federal constitutional law on the admission to the russian federation and the creation within it of new constituent entities of the russian federation, or on changes in the constitutional and legal status of a constituent entity of the russian federation. in the event of a change in the name of a republic, kray, oblast, city of federal significance, autonomous oblast or autonomous okrug the new name of the constituent entity of the russian federation shall be included in article 65 of the constitution of the russian federation. section two. concluding and interim provisions the constitution of the russian federation shall come into force from the moment of its official publication according to the results of the national referendum. the day of the national referendum, december 12, 1993, shall be considered the day of adopting the constitution of the russian federation. at the same time the constitution (fundamental law) of the russian federation russia adopted on april 12, 1978 with all amendments and additions shall cease to have effect. in the event of the non-conformity to the constitution of the russian federation of the provisions of the federation treaty treaty on the division of authorities and powers between federal state government bodies of the russian federation and the state government bodies of constituent sovereign republics of the russian federation, the treaty on the division of authorities and powers between federal state government bodies of the russian federation and the state government bodies of krays, oblasts, and the cities of moscow and st. petersburg of the russian federation, the treaty on the division of authorities and powers between federal state government bodies of the russian federation and state government bodies of autonomous oblast and autonomous okrugs within the russian federation, and other treaties between federal state government bodies of the russian federation and state government bodies of constituent entities of the russian federation and treaties between state government bodies of constituent entities of the russian federation, the provisions of the constitution of the russian federation shall apply. laws and other legal acts which were in force on the territory of the russian federation before this constitution comes into force shall apply to the extent that they do not conflict with the constitution of the russian federation. the president of the russian federation, elected in accordance with the constitution (fundamental law) of the russian federation russia, shall from the day that this constitution comes into force exercise the powers established by it until the term of office for which he (she) was elected expires. the council of ministers government of the russian federation from the moment that this constitution comes into force, shall acquire the rights, obligations and responsibilities of the government of the russian federation, which are established by the constitution of the russian federation and shall hereafter be called the government of the russian federation. the courts of the russian federation shall administer justice in accordance with their powers as established by this constitution. after the constitution has come into force, judges of all courts of the russian federation shall retain their powers until the term for which they were elected expires. vacant positions shall be filled in accordance with the procedure established by this constitution. until the adoption and implementation of the federal law, which establishes the procedure for the examination of cases by a court of jury, the existing procedure for the court examination of corresponding cases shall apply. until criminal-procedural legislation of the russian federation has been brought into line with the provisions of this constitution, the previous procedure for the arrest, detention and keeping in custody of persons suspected of committing a crime shall apply. the council of federation of the first convocation and the state duma of the first convocation shall be elected for a period of two years. the council of federation shall meet for its first session on the thirtieth day after the elections. the first session of the council of federation shall be opened by the president of the russian federation. a deputy of the state duma of the first convocation may be simultaneously a member of the government of the russian federation. provisions of this constitution on the immunity of deputies with respect to responsibility for actions (inaction) connected with the fulfilment of their official duties shall not extend to deputies of the state duma who are members of the government of the russian federation. deputies of the council of federation of the first convocation shall exercise their powers on a non-permanent basis. preamble we, the representatives of the people of the argentine nation, assembled in general constituent congress by the will and election of the provinces which compose it, in fulfillment of pre-existing pacts, with the object of constituting the national union, ensuring justice, preserving domestic peace, providing for the common defense, promoting the general welfare, and securing the blessings of liberty to ourselves, to our posterity, and to all men in the world who wish to dwell on argentine soil: invoking the protection of god, source of all reason and justice, do ordain, decree and establish this constitution for the argentine nation. part 1 chapter i. declarations, rights and guarantees article 1 the argentine nation adopts the federal, republican, representative form for its government, as established by the present constitution. article 2 the federal government supports the roman catholic apostolic faith. article 3 the authorities that direct the federal government reside in the city which is to be declared the capital of the republic by a special law of congress, after prior cession made by one or more provincial legislatures of the territory to be federalized. article 4 the federal government provides for the nation's expenditures with national treasury funds made up of the proceeds of import and export duties, of the proceeds of the sale or lease of national lands, of post office revenues, of whatever other taxes the general congress equitably and proportionally imposes upon the population, and of whatever loans and credit operations decreed by the same congress for national exigencies or for undertakings of national utility. article 5 each province shall adopt for itself a constitution under the republican, representative system, in accordance with the principles, declarations, and guarantees of the national constitution, ensuring its administration of justice, municipal government, and elementary education. under these conditions, the federal government guarantees to each province the enjoyment and exercise of its institutions. article 6 the federal government may intervene in the territory of a province in order to guarantee the republican form of government or to repel foreign invasions, and, at the request of the province's appointed authorities, to support or reestablish them should they have been deposed by sedition or invasion from another province. article 7 the public acts and judicial proceedings of one province enjoy full faith in the others; and congress may, by general laws, determine what the evidentiary form of these acts and proceedings shall be, and the legal effects that they shall produce. article 8 the citizens of each province enjoy all the rights, privileges, and immunities inherent to the status of citizen in the others. the extradition of criminals is a reciprocal obligation among all the provinces. article 9 throughout the territory of the nation there shall be no other customhouses than the national ones, which shall enforce the tariffs sanctioned by congress. article 10 the movement of goods of national production or manufacture is free from duties in the interior of the republic, as is also that of goods and merchandise of all kinds once processed through the national customhouses. article 11 articles of national or foreign production or manufacture, as well as livestock of all kinds, that may pass through the territory of one province to another, shall be free from so-called transit duties, as shall the vehicles, ships or beasts on which they are transported, and no other duty, whatever its name may be, shall in the future be imposed on such movement for passage through the territory. article 12 ships bound from one province to another shall not be compelled to enter, anchor, or pay duties by reason of their transit; trading laws or regulations shall not allow in any case the grant of preferences to one port over another. article 13 new provinces may be admitted into the nation; but a province cannot be established in the territory of another or several, nor several combine into one, without the consent of the legislatures of the interested provinces and of congress. article 14 all inhabitants of the nation enjoy the following rights, in accordance with the laws that regulate their exercise, namely: of working in and practicing any lawful industry; of navigating and trading; of petitioning the authorities; of entering, remaining in, traveling through and leaving the argentine territory; of publishing their ideas through the press without prior censorship; of using and disposing of their property; of associating for useful purposes; of freely practicing their religion; of teaching and learning. article 14bis labor in its diverse forms shall enjoy the protection of the law, which shall ensure to workers: dignified and equitable working conditions; a limited working day; paid days of rest and vacation; fair remuneration; adjustable minimum living wages; equal pay for equal work; a share in the earnings of enterprises, with control over production and collaboration in management; protection against arbitrary discharge; permanence of public employment; free and democratic organization of labor unions, recognized simply by inscription in a special register. trade unions are hereby guaranteed: [the right] to conclude collective bargaining agreements; [the right] to resort to conciliation and arbitration; the right to strike. union representatives shall enjoy the guarantees necessary for the performance of their union tasks and those relating to the permanence of their employment. the state shall grant the benefits of social security, which shall be comprehensive and unwaivable. in particular, the law shall establish: compulsory social security, which shall be under the charge of national or provincial entities having financial and economic autonomy, administered by the interested parties with state participation, but without the existence of overlapping contributions; adjustable retirement pay and pensions; full protection of the family; protection of the welfare of the family; economic compensation to families and access to decent housing. article 15 in the argentine nation there are no slaves; the few that exist today are free from the promulgation of this constitution; and a special law shall regulate the indemnification arising from this declaration. any contract of purchase and sale of persons is a crime for which those performing it, and the notary or official approving it, shall be responsible. and slaves, by whatever manner they may be introduced, shall be free by the mere act of setting foot in the territory of the republic. article 16 the argentine nation does not allow prerogatives of blood or birth; in it there are no personal privileges [to special legal rules or courts] or titles of nobility. all its inhabitants are equal before the law, and admissible for [public] employment without any other requisite than fitness. equality is the basis of taxation and of public charges. article 17 property is inviolable, and no inhabitant of the nation can be deprived thereof except by virtue of a judgment supported by law. expropriation for reasons of public utility must be authorized by law and previously indemnified. congress alone imposes the taxes mentioned in article 4. no personal service can be required except by virtue of a law or a judgment supported by law. every author or inventor is the exclusive owner of his work, invention or discovery for the term granted him by law. the confiscation of property is stricken out forever from the argentine penal code. no armed body may make requisitions, or demand assistance of any kind. article 18 no inhabitant of the nation may be punished without prior trial based on a law in force prior to the offense, or tried by special commissions, or removed from the jurisdiction of the judges designated by the law in force prior to the offense. no one can be compelled to testify against himself, or be arrested except by virtue of a written order from a competent authority. the right to due process in the defense of the person and of rights is inviolable. the residence is inviolable, as are letters and private papers; and a law shall determine in what cases and for what reasons their search and seizure shall be allowed. the penalty of death for political offenses, all kinds of torture and flogging are forever abolished. the prisons of the nation shall be healthful and clean, for the custody and not for the punishment of prisoners confined therein; and any measure that under the pretext of precaution leads to mortifying them beyond what their custody demands, shall render liable the judge who authorizes it. article 19 the private actions of men that in no way offend public order or morality, nor injure a third party, are reserved only to god, and are exempt from the authority of the magistrates. no inhabitant of the nation shall be compelled to do what the law does not order, or be deprived of what it does not forbid. article 20 foreigners enjoy in the territory of the nation all the civil rights of a citizen; they may engage in their industry, trade or profession, own, purchase or transfer real property, navigate the rivers and coasts, freely practice their religion, [and] make wills and marry in accordance with the laws. they are not obligated to assume citizenship, or to pay extraordinary compulsory taxes. they may obtain naturalization by residing two continuous years in the nation, but the authorities may shorten this term in favor of anyone so requesting, upon their asserting and proving services to the republic. article 21 every argentine citizen is obliged to bear arms in defense of his country and of this constitution, in accordance with such laws as the congress may enact to that effect and with such decrees of the national executive. citizens by naturalization are free to render or not render this service for a period of ten years counted from the date on which they obtain their citizenship papers. article 22 the people do not deliberate or govern except through their representatives and authorities created by this constitution. any armed force or meeting of persons that attributes to itself the right to stand for the people and to petition in their name, commits the crime of sedition. article 23 in the event of internal disorder or foreign attack that endangers the exercise of this constitution and of the authorities created thereby, the province or territory in which the disturbance of order exists shall be declared in a state of siege and the constitutional guarantees shall be suspended therein. but during such suspension the president of the republic may not convict or apply punishment upon his own authority. his power shall be limited in such a case, with respect to persons, to arresting them or transferring them from one point of the nation to another, should they prefer not to leave argentine territory. article 24 congress shall promote the amendment of all categories of existing legislation, and the establishment of trial by jury. article 25 the federal government shall encourage european immigration, and it may not restrict, limit, or burden with any tax whatsoever the entry into argentine territory of foreigners whose purpose is tilling the soil, improving industries, and introducing and teaching the sciences and the arts. article 26 navigation of the inland rivers of the nation is free to all flags, subject only to regulations enacted by the national authority. article 27 the federal government is bound to strengthen its relations of peace and commerce with foreign powers by means of treaties that are in conformity with the principles of public law laid down by this constitution. article 28 the principles, guarantees and rights recognized in the foregoing articles may not be altered by the laws that regulate their exercise. article 29 congress may not confer on the national executive, nor provincial legislatures on the provincial governors, extraordinary powers, or the whole of the public authority, nor grant them acts of submission or supremacy whereby the lives, the honor or the property of argentines will be at the mercy of governments or any person whatsoever. acts of this nature shall be utterly void, and shall render those who formulate, consent to or sign them liable to be called to account and punished as infamous traitors to the country. article 30 the constitution may be amended in its entirety or in any of its parts. the need for its amendment must be declared by the congress by a vote of at least two-thirds of its members; but the amendment shall not be accomplished except by a convention called for such purpose. article 31 this constitution, the laws of the nation that as a result thereof may be enacted by the congress, and treaties with foreign powers, are the supreme law of the nation, and the authorities of every province are bound to conform to it, notwithstanding any provision to the contrary which the provincial laws or constitutions may contain, except, in the case of the province of buenos aires, [for those provisions established by] the treaties ratified following the pact of november 11, 1859. article 32 the federal congress shall not enact laws that restrict the freedom of the press or that establish federal jurisdiction over it. article 33 the declarations, rights and guarantees that the constitution enumerates shall not be construed as a denial of other rights and guarantees not enumerated therein, but which issue from the principle of the sovereignty of the people and from the republican form of government. article 34 the judges of the federal courts cannot serve at the same time as judges of the provincial courts, nor does federal service, whether civil or military, confer domicile in the province in which it is performed, and which is not the employee's habitual domicile, this provision being understood for the purpose of applying for public office in the province in which the individuals happen to be. article 35 the designations successively adopted from 1810 up to the present, namely: united provinces of the river plate, argentine republic, [and] argentine confederation, shall henceforth be official names used indiscriminately for the designation of the government and territory of the provinces, the words "argentine nation" being used in the enactment and sanction of laws. chapter ii. new rights and guarantees article 36 this constitution shall remain in force even if its observance is interrupted by acts of force against the institutional order and the democratic system. such acts shall be irrevocably void. their authors shall be subject to the sanction provided in article 29, forever disqualified from holding public office and excluded from the benefits of pardon and commutation of sentences. also suffering the same sanctions shall be those who, as a consequence of these acts, usurp the functions reserved to the authorities of this constitution or those of the provinces, and shall answer civilly and criminally for their acts. the aforementioned actions are not subject to the statute of limitations. all citizens have the right of resistance against those who execute the forcible acts stated in this article. likewise, he who commits a serious fraudulent crime against the state that leads to his enrichment shall have acted against the democratic system [and] is thereafter disqualified from holding public office or employment for the period of time that the laws specify. congress shall pass a law concerning public ethics in the exercise of public functions. article 37 this constitution guarantees full enjoyment of political rights, in accordance with the principle of popular sovereignty and with the laws dictated pursuant thereto. suffrage is universal, equal, secret and mandatory. true equality of opportunity between men and women in running for elected and party offices shall be guaranteed through affirmative actions in the regulation of political parties and in the electoral system. article 38 political parties are fundamental institutions of the democratic system. their creation and the exercise of their activities are free, so long as they respect this constitution, which [hereby] guarantees their democratic organization and operation, the representation of minorities [within the party], the authority [of parties] to nominate candidates to elected public office, access to public information and the dissemination of their ideas. the state shall contribute to the financial support of their activities and educational improvement of their leaders. political parties must make public the source and destination of their funds and their economic net worth. article 39 citizens have the right of initiative in presenting bills in the chamber of deputies. congress must give them express treatment within the period of twelve months. by an absolute majority vote of the totality of the members of each chamber, the congress shall pass a regulatory law that may not require [the signatures of] more than three percent of the national electoral register [for an initiative to be valid], [with the regulatory law] requiring an adequate territorial distribution [of signatures] to endorse the initiative. bills referring to constitutional reform, international treaties, taxes, the budget and penal matters shall not be the subject of popular initiatives. article 40 at the initiative of the chamber of deputies, congress may submit a bill to a popular referendum. the law calling for the referendum may not be vetoed. the affirmative vote on the bill by the people of the nation shall make it law and its enactment shall be automatic. congress or the president of the nation, within their respective competence, may call for a non-binding popular referendum. in this case, voting is not obligatory. congress, by an absolute majority vote of the totality of the members of each chamber, shall regulate the topics, procedures, and occasion for popular referendum. article 41 all inhabitants enjoy the right to a healthful, balanced environment fit for human development, so that productive activities satisfy current needs without compromising those of future generations, and have the duty to preserve the environment. environmental damage shall generate as a priority the obligation to repair it under the terms that the law shall establish. the authorities shall provide for the protection of this right, for the rational use of natural resources, for the preservation of the natural and cultural patrimony and of biological diversity, and for information and education on the environment. it falls to the nation to dictate laws containing a minimum budget [necessary] for protecting the environment, and to the provinces [to dictate] those laws necessary to complement the national laws, without such laws altering local jurisdictional [authority]. the entry into the national territory of dangerous or potentially dangerous wastes and of radioactive materials is prohibited. article 42 consumers and users of goods and services have the right, in the consumer relationship, to the protection of their health, safety and economic interests, to adequate and truthful information, to freedom of choice, and to conditions of equitable and dignified treatment. the authorities shall provide for the protection of these rights, for consumer education, for the defense of competition against any type of market distortion, for the control of natural and legal monopolies, for the quality and efficiency of public services, and for the establishment of consumer and user associations. legislation shall establish effective procedures for the prevention and resolution of conflicts, and a regulatory framework for public services within national jurisdiction, taking into consideration the necessary participation of consumer and user associations and of the interested provinces in the directing bodies. article 43 any person may file an expeditious and swift action of "amparo," whenever no other more appropriate judicial means exists, against any act or omission by public authorities or by private individuals, that presently or imminently harms, restricts, alters or threatens, in an arbitrary or manifestly illegal manner, the rights and guarantees recognized by this constitution, by a treaty, or by a law. as appropriate, the judge may declare the norm upon which the harmful act or omission is founded unconstitutional. [when] this action complains of any form of discrimination, or regards the rights that protect the environment, competition, the user, the consumer, or rights of a collective nature in general, it may be brought by the affected party, the defender of the people, and the associations that support these ends that are registered as required by a law that shall determine the requirements and forms of their organization. any person may file an amparo action to find out and to learn the purpose of data about him which is on record in public registries or data banks, or in any private [registers or data banks] whose purpose is to provide information, and in case of falsity or discrimination, to demand the suppression, rectification, confidentiality, or updating of the same. the secrecy of journalistic information sources shall not be affected. when the harmed, restricted, altered, or threatened right is that of physical liberty, or in case of illegal worsening in the manner or conditions of detention, or in case of the forced disappearance of persons, the writ of habeas corpus may be filed by the affected person or by anyone else on his behalf and the judge shall immediately resolve it, even while a state of siege is in effect. part 2. authorities of the nation title i. federal government section i. the legislative power article 44 a congress consisting of two chambers, one of deputies of the nation and the other of senators of the provinces and of the city of buenos aires, will be vested with the legislative power of the nation. chapter i. the chamber of deputies article 45 the chamber of deputies shall be composed of representatives elected directly, by a simple majority of votes, by the people of the provinces, the city of buenos aires, and the capital in case of transfer [of the capital], [with the city of buenos aires and any new capital] being considered for this purpose as individual states making up their own electoral districts. the number of representatives shall be one for every 33,000 inhabitants or fraction thereof that is not smaller than 16,500. after the completion of each census, the congress shall fix the representation in accordance with the census, being able to increase but not to decrease the base indicated for each deputy. article 46 the deputies for the first legislative session shall be appointed in the following proportion: for the province of buenos aires, twelve; for that of cordoba, six; for that of catamarca, three; for that of corrientes, four; for that of entre rios, two; for that of jujuy, two; for that of mendoza, three; for that of la rioja, two; for that of salta, three; for that of santiago, four; for that of san juan, two; for that of santa fe, two; for that of san luis, two; and for that of tucuman, three. article 47 for the second legislative session, a general census shall be taken, and the number of deputies shall be established accordingly; but this census can be renewed only every ten years. article 48 to be a deputy one is required to have attained the age of twenty-five years, have four years of holding citizenship, and be a native of the province that elects him or been in residence in the province during the previous two years. article 49 for this [first] time, the legislatures of the provinces shall regulate the means for effectuating the direct election of the deputies of the nation; for the future, the congress shall enact a general law. article 50 deputies shall serve in their representation for four years, and may be re-elected, but the chamber shall be renewed by half every two years; to this end, those named for the first legislature, as soon as they meet, shall draw lots [to determine] who must leave after the first period. article 51 in case of vacancy, the government of the province, or of the capital, shall proceed with the legal election of a new member. article 52 the chamber of deputies has the exclusive right to initiate proposed laws on taxes and recruitment of troops. article 53 only the chamber of deputies has the right to bring charges before the senate against the president, the vice president, the chief of the cabinet of ministers, the ministers, and the members of the supreme court, in cases where they are allegedly responsible for poor performance or for committing an offense in carrying out their duties, or for common crimes, after being apprized of [the charges] and having declared by a two-thirds majority of the members present that there is cause for bringing an action. chapter ii. the senate article 54 the senate shall be composed of three senators from each province and three from the city of buenos aires, elected directly and jointly, with two seats corresponding to the political party obtaining the greatest number of votes, and the remaining one to the political party receiving the next largest number of votes. each senator shall have one vote. article 55 the requirements to be elected senator are: to have attained the age of thirty years, to have been a citizen of the nation for six years, to enjoy an annual income of two thousand pesos or its equivalent, and to be a native of the province that elects him or been in residence in the province during the previous two years. article 56 senators serve six years in the exercise of their office, and may be re-elected indefinitely; but the senate shall renew itself by one-third of the electoral districts every two years. article 57 the vice president of the nation shall be president of the senate, but shall have no vote except in the case of a tie in the voting. article 58 the senate shall appoint a provisional president to preside over it in the event of the absence of the vice president, or when the latter exercises the functions of president of the nation. article 59 the senate is charged with trying in public trial the persons impeached by the chamber of deputies, and its members shall take an oath when sitting for that purpose. when the person accused is the president of the nation, the senate shall be presided over by the president of the supreme court. no person shall be declared guilty except by a two-thirds majority of the members present. article 60 the judgment shall go no further than to remove the accused person from office, and in addition declare him incapable of holding any employment of honor, trust, or pay of the nation. but the party convicted shall, nevertheless, be subject to indictment, trial, and punishment according to law before the ordinary courts. article 61 it is also within the power of the senate whether to authorize the president of the nation to declare a state of siege, in one or several districts of the republic, in case of foreign invasion. article 62 when a vacancy occurs in the senate through death, resignation or other cause, the government unit affected by the vacancy shall proceed immediately to the election of a new member. chapter iii. provisions common to both chambers article 63 both chambers shall assemble by themselves in regular sessions every year from march 1 to november 30. they may also be convened in special sessions by the president of the nation or have their sessions extended. article 64 each chamber is the judge of the validity of the election, rights and titles of its members. neither of them shall meet without an absolute majority of its members, but a lesser number may compel the absent members to attend the sessions, under such terms and penalties as each chamber shall establish. article 65 both chambers begin and conclude their sessions simultaneously. neither of them, while assembled, shall adjourn its sessions for more than three days, without the other's consent. article 66 each chamber shall determine its rules and, by a two-thirds vote, may discipline any one of its members for disorderly conduct in the performance of his duties, or may remove a member for physical or moral incapacity occurring after his admission, and may even expel a member from the body; but a majority of one more than half of those present shall be sufficient to decide on voluntary resignations from office. article 67 senators and deputies, on assuming office, shall take an oath to dutifully discharge their duties, and to proceed in everything in conformity with the requirements of this constitution. article 68 no member of congress may be indicted, judicially questioned, or harassed for the opinions expressed or speeches made by him in the performance of his duties as a legislator. article 69 no senator or deputy, from the day of his election until he leaves office, may be arrested, except in case of his being caught in flagrante in the commission of a capital or other infamous or grave crime, in which case a summary report of the facts shall be made to the appropriate chamber. article 70 when a written charge is presented before the ordinary courts against any senator or deputy, each chamber, after examining the merits of the indictment in public trial, may by a two thirds vote suspend the accused from his office and place him at the disposal of the proper court for trial. article 71 either of the chambers may summon the ministers of the executive power to its place of assembly to receive such explanations or reports as it may consider necessary. article 72 no member of the congress may receive employment or a commission from the executive power, without previous consent of the respective chamber, except for permanent ranked positions. article 73 regular clergymen cannot be members of the congress, nor may governors of the province that they head. article 74 the services of the senators and deputies are paid for by the treasury of the nation, with an assignment of funds that the law shall fix. chapter iv. the powers of congress article 75 the congress shall have power: to legislate in customs matters. to establish import and export duties, which, like the appraisals of goods on which duties are imposed, shall be uniform throughout the nation. to impose indirect taxes, as a power concurrent with the provinces. to impose direct taxes proportionately equal throughout the territory of the nation, for a specified period of time, provided that the defense, common security and general welfare of the state require them. the taxes foreseen by this clause, with the exception of the part or whole of those that are predestined for specific purposes, are subject to co-participation [with the provinces]. a legal covenant, based on agreements between the nation and the provinces, shall institute regulations for co-participation in these taxes, guaranteeing the automatic remittal of the funds. the distribution between and among the nation, the provinces and the city of buenos aires, shall be effectuated in direct relation to the competencies, services and functions of each one of them, observing objective criteria for distribution; said distribution shall be equitable, show solidarity, and shall give priority to achieving an equivalent level of development, quality of life and equality of opportunity throughout the entire national territory. the legal covenant shall have the senate as its chamber of origin and must be passed by an absolute majority of the totality of the members of each chamber; it may not be modified unilaterally or subjected to regulations, and it shall be approved by the provinces. there shall not be a transfer of competency, services, or functions without the respective reallocation of revenues, as approved by a law of the congress, if applicable, and by the interested province or the city of buenos aires, as the case may be. a federal fiscal body shall be in charge of controlling and administering the execution of what is established by this clause, as determined by law, which law shall ensure the representation of all the provinces and the city of buenos aires in the body's composition. to establish and to modify specific reallocations of revenue [otherwise] subject to co-participation, for a specified period of time, through a special law approved by an absolute majority of the totality of the members of each chamber. to borrow money on the credit of the nation. to provide for the use and transfer of national lands. to establish and regulate a federal bank with the power to issue money, as well as other national banks. to arrange payment of the domestic and foreign debt of the nation. to fix annually, in conformity with the guidelines established in the third paragraph of clause 2 of this article, the general budget of expenditures and the calculation of resources of the national administration, based on the general program of government and on the public spending plan, and to approve or reject the spending account. to grant subsidies from the national treasury to those provinces whose revenues, according to their budgets, are insufficient to meet their ordinary expenses. to regulate the free navigation of internal rivers, to open the ports it shall consider necessary, and to create or close customhouses. to coin money, to regulate its value and that of foreign currency, and to adopt a uniform system of weights and measures for the whole nation. to enact the civil, commercial, penal, mining, and labor and social security codes, in a unified body or separately, without such codes altering local jurisdictions; their application belonging to the federal or provincial courts, depending on which jurisdiction the things or persons [in litigation] come under; and, especially, [to enact] general laws for the whole nation on naturalization and nationality, in accordance with the principle of nationality by birth and by choice for argentine citizenship; as well as on bankruptcy, on counterfeiting of currency and public documents of the state; and those general laws that may require the establishment of trial by juries. to regulate commerce with foreign nations and of the provinces among themselves. to regulate and establish the general post offices of the nation. to settle permanently the boundaries of the national territory, to fix those of the provinces, to create new provinces, and to determine, by special legislation, the organization, administration and government that national territories remaining outside the boundaries assigned to the provinces must have. to provide for the security of the frontiers. to recognize the ethnic and cultural pre-existence of indigenous argentine peoples. to guarantee respect for their identity and their right to bilingual and intercultural education; to recognize the legal standing of their communities, and the possession and community property over lands they have traditionally occupied, and to regulate the transfer of other lands fit and sufficient for human development none of which may be alienable, conveyable or susceptible to encumbrances or attachments. to assure their participation in the related administration of their natural resources and of other interests affecting them. the provinces may exercise these powers concurrently. to provide whatever is conducive to the prosperity of the country, to the improvement and welfare of all the provinces, and to the advancement of learning, establishing general and university curricula, and promoting industry, immigration, the construction of railways and navigable canals, the settlement of government-owned lands, the introduction and establishment of new industries, the importation of foreign capital and the exploration of the interior rivers, through laws protective of these goals and by temporary concessions of privileges and incentive awards. to provide whatever is conducive to human development, to economic progress with social justice, to the productivity of the national economy, to the generation of employment, to the professional development of workers, to the protection of the value of money, to research and scientific and technological development, including its dissemination and utilization. to provide for the harmonious growth of the nation and for populating its territory; to promote differentiated policies that lead to balancing the irregular development of provinces and regions. for these initiatives, the senate shall be the initiating chamber. to pass laws on the organization of and basis for education which consolidate national unity, paying respect to provincial and local particularities; which assure the undelegable responsibility of the state, the participation of the family and society, the promotion of democratic values and the equality of opportunities and means without any discrimination whatsoever, and which guarantee the principles of free and equitable public education by the state and the autonomy and self-sufficiency of the national universities. to enact laws which protect cultural identity and pluralism, the unrestrained creation and circulation of the works of authors, the artistic heritage, and cultural and audiovisual spaces. to establish tribunals inferior to the supreme court of justice, to create and eliminate offices, to fix the duties thereof, to grant pensions, to decree honors, and to grant general amnesties. to accept or reject the reasons for the resignation of the president or vice president of the republic; and to declare the need to proceed to a new election. to approve or reject treaties entered with other nations and with international organizations, and concordats with the holy see. treaties and concordats have higher standing than laws. the following [international instruments], under the conditions under which they are in force, stand on the same level as the constitution, [but] do not repeal any article in the first part of this constitution, and must be understood as complementary of the rights and guarantees recognized therein: the american declaration of the rights and duties of man; the universal declaration of human rights; the american convention on human rights; the international covenant on economic, social and cultural rights; the international covenant on civil and political rights and its optional protocol; the [international] convention on the prevention and punishment of genocide; the international convention on the elimination of all forms of racial discrimination; the convention on the elimination of all forms of discrimination against women; the convention against torture and other cruel, inhumane or degrading treatment or punishment; and the convention on the rights of the child. they may only be denounced, if such is to be the case, by the national executive power, after prior approval by two thirds of the totality of the members of each chamber. other treaties and conventions on human rights, after being approved by congress, shall require the vote of two-thirds of the totality of the members of each chamber in order to enjoy standing on the same level as the constitution. to legislate and promote proactive measures that guarantee true equality of opportunity and treatment, and the full enjoyment and exercise of the rights recognized by this constitution and by current international treaties on human rights, in particular with respect to children, women, the elderly and people with disabilities. to enact a special and integral social security system that protects needy children, from gestation through the end of elementary schooling, and that protects the mother during pregnancy and nursing. to approve treaties of integration which delegate competence and jurisdiction to international organizations under conditions of reciprocity and equality, and which respect the democratic order and human rights. any rules enacted pursuant thereto have higher standing than laws. the approval of these treaties with latin american states shall require the absolute majority of the totality of the members of each chamber. in the case of treaties with other states, the national congress, by an absolute majority of the members present in each chamber, shall declare the desirability of approving the treaty, and it shall only be approved by an absolute majority vote of the totality of the members of each chamber, one hundred and twenty days after the declaratory act. denunciation of any of the treaties mentioned in this clause shall require the prior approval of an absolute majority of the totality of the members of each chamber. to authorize the executive power to declare war or make peace. to empower the executive power to order reprisals, and to establish regulations for prizes of war. to fix the size of the armed forces in time of peace and war, and to establish the regulations for their organization and administration. to permit the entry of foreign troops into the territory of the nation, and the departure of national forces from it. to declare a state of siege in one or several parts of the nation in case of internal disturbance, and to approve or suspend a state of siege declared by the executive during its recess. to exercise exclusive legislation in the territory of the nation's capital and to establish legislation necessary to achieve the specific goals of the establishments of national utility throughout the territory of the republic. provincial and municipal authorities shall retain police and taxation powers over these establishments, as long as those powers do not interfere with the achievement of the establishments' goals. to order the federal intervention of a province or of the city of buenos aires. to approve or to revoke an intervention decreed by the executive power during [a congressional] recess. to enact all laws and regulations that may be necessary to carry out the foregoing powers, and all others granted by the present constitution to the government of the argentine nation. article 76 any delegation of legislative power to the executive power is prohibited, except in specified matters concerning administration or public emergency, with a fixed period of time for exercise of the delegated authority, which may only be exercised within the terms established by congress. the termination [of a legislative delegation] as a result of the passing of the time period provided in the preceding paragraph shall not entail the review of the legal relationships that arose under the rules dictated pursuant to legislative delegation. chapter v. on the enactment and approval of laws article 77 laws may originate in either chamber of congress, through bills proposed by their members or by the executive power, except for the exceptions that this constitution establishes. bills that modify the electoral system and the system of political parties shall be approved by an absolute majority of the totality of the members of the chambers. article 78 when a bill is passed by the chamber in which it originated, it is forwarded for debate to the other chamber. if approved by both, it is presented to the executive of the nation for his review, and if it also obtains his approval, he promulgates it as law. article 79 each chamber, after it approves a bill of law generally, may delegate to its committees the approval of specific parts of a bill, with the vote of an absolute majority of the totality of its members. the chamber may also, with an equal number of votes, make the delegation inoperative and resume the regular procedures. the approval by the committee shall require the vote of the absolute majority of the totality of the members. once the bill is approved by the committee, the regular procedures shall be followed. article 80 any bill that is not returned at the end of ten working days is considered approved by the executive power. bills that are partially rejected may not be approved as to their remaining parts. nevertheless, those parts that are not rejected may be promulgated if they have normative autonomy and their partial approval does not alter the spirit or the unity of the bill as passed by congress. in such a case, the procedures established for decrees of necessity and urgency shall be applied. article 81 no bill of law that has been wholly rejected by one of the chambers may be reintroduced during that year's sessions. neither chamber may entirely reject a bill which originated in it and which afterwards was added onto or amended by the reviewing chamber. if a bill is the subject of additions or corrections by the reviewing chamber, the result of the vote must be indicated so as to establish if additions or corrections were made by absolute majority of those present or by two-thirds of those present. the originating chamber may, by absolute majority of those present, approve the bill with the introduced additions or corrections, or insist on the original language, unless the additions or corrections were made by the reviewing chamber by two-thirds of those present. in this latter case, the bill shall be forwarded to the executive power with the additions or corrections made by the reviewing chamber, except that the originating chamber may insist in its original language by a vote of two-thirds of those present. the originating chamber may not introduce new additions or corrections over those made by the reviewing chamber. article 82 the will of each chamber must be manifested expressly; tacit or implied approval is excluded in all cases. article 83 a bill wholly or partially rejected by the executive power shall be returned with its objections to the originating chamber; the latter shall debate it anew, and if it ratifies it by a majority of two-thirds of the votes, the bill is sent again to the reviewing chamber. if both chambers pass it by a two-thirds majority, the bill becomes law and goes to the executive power for its promulgation. the voting in both chambers shall be in this case by roll call, by yeas or by nays, and both the names and opinions of those voting as well as the objections of the executive power shall be immediately published in the press. if the chambers disagree [with each other] regarding the [executive's] objections, the bill may not be reintroduced in the sessions of that year. article 84 in the enactment of laws the following wording shall be used: "the senate and chamber of deputies of the argentine nation, assembled in congress, decree or sanction with the force of law." chapter vi. of the office of the auditor general of the nation article 85 external review of the wealth, economic aspects, finances and operations of the national public sector shall be an attribute of the legislative power. the review and the opinion of the legislative power on the performance and general state of public administration shall be supported by reports from the office of the auditor general of the nation. this body of technical assistance of the congress, with functional autonomy, shall be made up in the manner that the law that regulates its creation and operation establishes; such law shall be approved by an absolute majority of the members of each chamber. the president of the body shall be appointed upon the proposal of the opposition political party having the greatest number of legislators in the congress. the office of the auditor-general of the nation shall have under its charge the review of the legality, management, and audit of all activities of centralized and decentralized public administration, whatever its manner of organization may be, and any other functions that the law may grant it. its intervention is required in the procedures approving or rejecting the accounting of collection and investment of public funds. chapter vii. of the defender of the people article 86 the defender of the people is an independent body created within the ambit of the national congress, which shall operate with full functional autonomy, without taking orders from any authority. its mission is the defense and protection of human rights and other rights, guarantees and interests protected by this constitution and by the law, against deeds, acts, and omissions of the administration, and the review of the exercise of public administrative functions. the defender of the people has standing to litigate. he is appointed and removed by congress by a vote of two-thirds of the members present in each one of the chambers. he enjoys the immunities and privileges of legislators. he shall remain in office for five years, and may be reappointed only once. the organization and operation of this institution shall be regulated by a special law. section ii. the executive power chapter i. of its nature and duration article 87 the executive power of the nation shall be discharged by a citizen with the title of "president of the argentine nation." article 88 in case of illness, absence from the capital, death, resignation, or removal of the president, the executive power shall be exercised by the vice president of the nation. in event of the removal, death, resignation, or incapacity of the president and the vice president of the nation, the congress shall determine which public official shall fill the presidency until the cause for the disability ceases or a new president is elected. article 89 to be elected president or vice president of the nation requires one to have been born in argentine territory or if one was born in a foreign country, to be the child of a native citizen and [to possess] the other qualifications required to be elected senator. article 90 the president and vice president shall remain in office for a term of four years and may be reelected or succeed each other for only one consecutive term. if they have been reelected or succeeded each other, they may not be elected to either office, except after the interval of a term. article 91 the president of the nation leaves office the day that his four-year term expires; without any event that may have interrupted his term being considered as a reason for completing it later. article 92 the president and vice president enjoy a salary paid out from the treasury of the nation, which may not be altered during the term of their appointment. during that term, they may not hold other employment, or receive any other emolument from the nation, or from any province. article 93 on assuming office, the president and vice president shall take an oath, consistent with their religious beliefs, administered by the president of the senate and before the assembled congress, to: 'discharge with loyalty and patriotism the office of president (or vice president) of the nation and to observe and have faithfully observed the constitution of the argentine nation.' chapter ii. of the manner and time of the election of the president and vice president of the nation article 94 the president and the vice president of the nation shall be elected directly by the people, in two rounds, as established by this constitution. to this end, the national territory shall comprise a single district. article 95 the election shall be held within the two months prior to the conclusion of the mandate of the president in office. article 96 the second electoral round, should it be required, shall be held between the two tickets of candidates receiving the most votes, within thirty days after the first electoral round. article 97 when the ticket that received the most votes in the first round has obtained more than forty-five percent of the validly cast affirmative votes, its candidates shall be proclaimed president and vice president of the nation. article 98 when the ticket that received the most votes in the first round obtains at least forty percent of the validly cast affirmative votes and, in addition, there also exists a difference greater than ten percentage points with respect to the total of the affirmative votes validly cast for that ticket over the ticket that follows it in number of votes, its candidates shall be proclaimed president and vice president of the nation. chapter iii. the powers of the executive article 99 the president of the nation has the following powers: he is the supreme chief of the nation, chief of the government, and the politician responsible for the general administration of the country. he issues the instructions and regulations that may be necessary for the execution of the laws of the nation, being careful not to alter their spirit through regulatory exceptions. he participates in the enactment of the laws according to the constitution, promulgates them, and has them published. the executive power may not issue dispositions of a legislative nature in any case whatsoever, under penalty of their absolute and incurable nullity. only when exceptional circumstances make it impossible to follow the regular procedures provided by this constitution for the passing of laws, and the situation does not involve rules that regulate criminal, tax, or electoral matters or the regime governing political parties, may [the president] dictate decrees by reason of necessity and urgency, which are to be decided at a general meeting of ministers, who must endorse them, together with the chief of the cabinet of ministers. the chief of the cabinet of ministers, personally and within ten days, shall submit the measure for the consideration of the standing bicameral committee, whose membership must reflect the proportion of the political representation of each chamber. this committee shall forward its report within ten days to a plenary session of each chamber for its express treatment, which the chambers shall consider immediately. a special law approved by an absolute majority of the totality of the members of each chamber shall regulate the procedure and the scope of the intervention of congress. he appoints the judges of the supreme court, with the consent of the senate by two-thirds of its members present, in a public session convened for that purpose. he appoints the judges of lower federal tribunals, taking into account the qualifications of the candidates, based on a binding list of three candidates nominated by the judicial council, with the [subsequent] consent of the senate, [convened] in public session. a new appointment, preceded by the same consent, shall be necessary in order to maintain in office any of these magistrates once they attain the age of seventy-five. all appointments of magistrates whose age is that indicated or greater shall be made for five years and may be repeated indefinitely following the same procedure. he may grant pardons or commute punishment for crimes subject to federal jurisdiction, after a report by the appropriate court, except in cases of impeachment by the chamber of deputies. he may grant retirement pensions, retirements, leaves of absence, and pensions in accordance with the laws of the nation. he may appoint and remove ambassadors, ministers plenipotentiary, and charge d'affaires, with the consent of the senate; on his own, he may appoint and remove the chief of the cabinet of ministers and the other ministers of the cabinet, the officials of his office, consular agents, and employees whose appointment is not otherwise regulated by this constitution. he shall open the sessions of congress each year, with both chambers meeting together for this purpose, and shall offer an account on that occasion of the state of the nation, [and] of the reforms promised by the constitution, and recommend for the consideration of congress those measures he deems necessary and fitting. he extends the regular sessions of congress, or convokes it for extraordinary sessions when an important interest in order or progress requires it. he supervises the exercise of authority by the chief of the cabinet of ministers regarding the collection of the nation's revenues and their investment, in accordance with the law or the budget of national expenditures. he concludes and signs treaties, concordats, and other negotiations required for the maintenance of good relations with international organizations and foreign nations, and receives their ministers and admits their consuls. he is commander-in-chief of all armed forces of the nation. he fills the military posts of the nation: with the consent of the senate, in the concession of posts or ranks of superior officers of the armed forces; and by himself on the battlefield. he has the armed forces at his disposal, and takes charge of their organization and deployment, according to the needs of the nation. he declares war and orders reprisals with the authorization and approval of congress. he declares in a state of siege one or various parts of the nation, in case of foreign invasion and for a limited time, with the consent of the senate. in the event of internal disorder, he has this power only when congress is in recess, because this is a power belonging to that body. the president exercises this power with the limitations prescribed in article 23. he may request any information he considers appropriate from the chief of the cabinet of ministers and from the heads of all branches and departments of the administration, and, through them, from all other employees, and they are required to provide it. he may leave the territory of the nation with the permission of congress. during congressional recess, he may only do so without permission for reasons justified by public service. he may fill vacancies in offices that require the consent of the senate and that occur during its recess, by means of temporary appointments that shall expire at the end of the next legislative session. he decrees the federal intervention of a province or of the city of buenos aires in the event of congressional recess, and he must simultaneously convene congress to consider it. chapter iv. concerning the chief of the cabinet and other ministers of the executive branch article 100 the chief of the cabinet of ministers and other secretary-ministers, whose number and competence shall be established by a special law, shall have under their responsibility the handling of the nation's business, and shall endorse and legalize the acts of the president through their signatures, without which the [president's] acts have no effect. the chief of the cabinet of ministers, who has political responsibility to the national congress, shall have the power: to exercise the general administration of the country. to issue the acts and regulations that may be necessary to exercise the powers that this article grants to him and those that the president of the nation delegates to him, with the endorsement of the secretary-minister of the branch to which the act or regulation refers. to make the appointments of employees of the administration, except for those [appointments] which fall to the president. to exercise the functions and powers that the president of the nation may delegate to him, and to resolve with the consent of the cabinet matters that the executive power may assign to him, or upon his own initiative matters that he deems necessary within the scope of his competence. to coordinate, prepare for, and convene sessions of the cabinet of ministers, presiding over them in the event of the president's absence. to send to congress the bills concerning the ministries and the national budget, after previous [favorable] treatment at a cabinet meeting and approval by the executive power. to see to the collection of the revenues of the nation and to execute the national budget law. to approve decrees establishing implementing regulations for laws, decrees that provide for the extension of ordinary sessions of congress or the convening of extraordinary sessions, and the messages of the president promoting a legislative initiative. to attend sessions of congress and participate in its debates, but without voting. once ordinary sessions of congress have begun, to present together with the other ministers a detailed account of the state of the nation concerning the affairs of the respective departments. to produce the verbal or written reports and explanations that any of the chambers may request from the executive power. to approve decrees that exercise powers delegated by congress, which shall be subject to the review of the standing bicameral committee. to approve, jointly with the other ministers, decrees of necessity and urgency and decrees that partially promulgate laws. he shall personally submit these decrees for consideration by the standing bicameral committee within ten days of their enactment. the chief of the cabinet of ministers may not simultaneously hold another ministry. article 101 the chief of the cabinet of ministers must attend congress at least once a month, attending each chamber alternately, to inform them of the government's progress, without prejudice to what is provided for in article 71. he may be cross-examined for the purposes of considering a censure motion, by an absolute majority vote of the totality of the members of either of the chambers, and he may be removed by an absolute majority vote of the members of each of the chambers. article 102 each minister is responsible for the acts that he legalizes and is jointly responsible for those in which he concurs with his colleagues. article 103 ministers may not, in any case, issue resolutions on their own, except for those concerning the economic and administrative system of their respective departments. article 104 once the congress has opened its sessions, the ministers of the cabinet shall submit a detailed report on the state of the nation as it relates to the affairs of their respective departments. article 105 ministers may not be senators or deputies without first resigning their office as minister. article 106 ministers may attend the sessions of congress and take part in their debates, but they may not vote. article 107 ministers shall receive a salary established by law for their services, which may not be increased or decreased in favor of or to the detriment of those who are already in office. section iii. the judicial power chapter i. its nature and duration article 108 the judicial power of the nation shall be vested in a supreme court of justice, and in such lower courts as the congress may establish in the territory of the nation. article 109 in no case may the president of the nation exercise judicial functions, assume jurisdiction over pending cases, or reopen those decided. article 110 the judges, both of the supreme court and of the inferior courts of the nation, shall hold their offices during their good behavior, and shall receive for their services a compensation that the law shall determine and that shall not be diminished in any way while they remain in office. article 111 no one shall be able to be a member of the supreme court of justice without being a lawyer of the nation, with eight years of practice, and possessing the qualifications required to be a senator. article 112 upon the first installation of the supreme court, the persons appointed shall take an oath before the president of the nation, to discharge their duties in administering justice well and faithfully, and in conformity with what the constitution prescribes. in the future, they shall take the oath before the president of the court itself. article 113 the supreme court shall adopt its own internal regulations and shall appoint its employees. article 114 the judicial council, regulated by a special law passed by an absolute majority of the totality of the members of each chamber, shall be charged with selecting judges and with the administration of the judiciary. the council shall be reconstituted periodically so that an equilibrium is achieved among the representation of popularly elected political organs, judges of all instances, and federally licensed attorneys. it shall also include persons from the academic and scientific fields, of a number and manner of appointment the law shall indicate. its powers shall be: to select candidates for inferior courts through public competitions. to issue binding lists of three candidates for appointment of judges of the lower courts. to administer revenues and to execute the budget that the law assigns for the administration of justice. to exercise disciplinary powers over judges. to determine the commencement of removal proceedings against judges, and in such case, to order their suspension and formulate the corresponding charges. to establish the regulations regarding judicial organization and all regulations necessary to assure the independence of judges and the effective rendering of judicial services. article 115 judges of the lower courts of the nation shall be removed on those grounds expressed in article 53, by a trial jury composed of legislators, judges, and federally licensed attorneys. its decision, which shall be unappealable, shall have no effect other than to remove the accused party from office. but the convicted party shall nevertheless remain subject to accusation, trial and punishment before the ordinary courts in conformity with the laws. it shall be necessary to terminate the proceedings and, in such case, to reinstate the suspended judge, if one hundred eighty days elapse without a judgment having been rendered, counted from the decision to open the removal proceedings. the composition of and the procedures of this jury shall be determined by the special law to which article 114 refers. chapter ii. the powers of the judiciary article 116 the supreme court of justice and the lower courts of the nation have jurisdiction over and decide all cases that deal with matters governed by the constitution and the laws of the nation, except as provided in clause 12 of article 75, and over treaties with foreign nations, in cases concerning ambassadors, public ministers and foreign consuls, in cases of admiralty and maritime jurisdiction, in suits in which the nation is a party, in cases arising between two or more provinces, between one province and the citizens of another, between citizens of different provinces, and between a province or its citizens against a foreign state or citizen. article 117 in these cases the supreme court shall exercise appellate jurisdiction, according to the rules and exceptions that congress may prescribe; but in all matters concerning ambassadors, foreign ministers and consuls, and those in which a province shall be a party, the court shall exercise original and exclusive jurisdiction. article 118 all ordinary criminal trials not resulting from the power of impeachment granted to the chamber of deputies shall be concluded by juries, once this institution is established in the republic. the proceedings in these trials shall take place in the same province where the crime was committed; but when the crime is committed outside the borders of the nation, in violation of international norms, congress shall determine by a special law the place where the trial is to be held. article 119 treason against the nation shall consist only in bearing arms against it, or in joining its enemies, giving them aid and comfort. congress shall establish by a special law the punishment for this crime; but the punishment shall not go beyond the person of the offender nor shall the infamy of the criminal be transmitted to his relatives of any degree. section iv. the office of the public prosecutor article 120 the office of the public prosecutor is an independent body with functional autonomy and financial self-sufficiency, whose function is to promote the intervention of the judicial [system] in defense of lawfulness and of the general interests of society, in coordination with the other authorities of the republic. it is composed of a chief prosecutor of the nation and a chief public defender of the nation and the other members that the law may establish. its members enjoy functional immunities and noninterference with their remuneration. title ii. provincial governments article 121 the provinces retain all powers not delegated by this constitution to the federal government, and those they have expressly reserved by special covenants at the time of their incorporation [into the argentine republic]. article 122 the provinces make their own local institutions and are governed by them. they elect their governors, legislators, and other provincial officials, without intervention by the federal government. article 123 each province dictates its own constitution, in conformity with what is established in article 5, assuring municipal autonomy and regulating its scope and content in the institutional, political, administrative, economic, and financial structure. article 124 with the knowledge of the national congress, the provinces may create regions for economic and social development and establish bodies with power to achieve their goals, and they may enter international agreements as long as these are not incompatible with the foreign policy of the nation and do not affect the powers delegated to the federal government or the public credit of the nation. the city of buenos aires shall have a system that shall be established for such purpose. the original ownership over natural resources existing in their territory belongs to the provinces. article 125 with the knowledge of the national congress, the provinces may enter into partial treaties for purposes of administration of justice, economic interests and works of common utility; and they may promote their industry, immigration, the construction of railroads and navigable canals, the settlement of lands owned by the province, the introduction and establishment of new industries, the importation of foreign capital, and the exploration of their rivers, through laws protective of these purposes and with their own funds. the provinces and the city of buenos aires may maintain social security agencies for public employees and professionals, and may promote economic progress, human development, the creation of employment, education, science, knowledge, and culture. article 126 the provinces do not exercise the power delegated to the nation. they may not enter into partial treaties of a political nature; or enact laws dealing with commerce, or internal or foreign navigation; or establish provincial customhouses; or coin money; or establish banks having note-issuing powers without the authorization of the federal congress; or enact civil, commercial, penal, or mining codes after the congress has enacted them; or enact special laws on citizenship and naturalization, bankruptcy, or counterfeiting of currency or state documents; or impose tonnage duties; or arm ships of war or raise armies, except in the event of foreign invasion or of such imminent danger as not to admit delay, giving immediate notice to the federal government; or appoint or receive foreign representatives. article 127 no province may declare or wage war against another province. their complaints must be submitted to and settled by the supreme court of justice. their de facto hostilities are acts of civil war, characterized as sedition or rebellion, which the federal government must suppress and punish in accordance with the law. article 128 the governors of the provinces are the natural representatives of the federal government for enforcing compliance with the constitution and the laws of the nation. article 129 the city of buenos aires shall have an autonomous system of government, with its own legislative and jurisdictional powers, and a head of government who shall be elected directly by the people of the city. a law shall guarantee the interests of the national government while the city of buenos aires is the capital of the nation. within the framework established in this article, the national congress shall convene the inhabitants of the city of buenos aires so that, through the representatives that they elect for this purpose, they enact the organizational statute of the city's institutions. transitional provisions the argentine nation ratifies its legitimate and everlasting sovereignty over the malvinas, south georgia and sandwich islands and the corresponding maritime and insular areas, because they are an integral part of the national territory. the regaining of said territories and the full exercise of sovereignty, while respecting the lifestyle of their inhabitants, and in conformity with principles of international law, constitute a permanent and unwaivable objective of the argentine people. the affirmative actions to which the last paragraph of article 37 refers may not be weaker than those existing at the time this constitution is sanctioned and they shall last for the time that the law determines. (this relates to article 37.) the law that regulates the exercise of the popular initiative must be approved within eighteen months of the adoption of this constitution. (this relates to article 39.) the current members of the national senate shall remain in office until the expiration of their individual terms. upon the renewal of one-third of the senate in 1995, as a result of the conclusion of the terms in office of all the senators elected in 1986, a third senator shall be appointed for each district by each legislature. the group of senators for each district shall be composed, insofar as possible, so that two seats belong to the political party or electoral alliance having the greatest number of members in the legislature, and the remaining seat to the political party or electoral alliance that follows it in number of members. in case of a tie, the political party or electoral alliance that obtained the greatest number of votes in the immediately preceding provincial legislative election shall prevail. the election of the senators who will replace those whose terms expire in 1998, as well as the election of whomever might replace any of the current senators in case of the application of article 62, shall be conducted by these same rules for appointment. however, the political party or electoral alliance having the greatest number of members in the legislature at the time of the election of the senator shall have the right to have its candidate elected, with the sole limitation that the three senators not turn out to be from the same political party or electoral alliance. these rules shall also apply to the election of senators for the city of buenos aires, in 1995 by the voters, and in 1998 by the legislative body of the city. the election of all the senators referred to in this clause shall be carried out no less than sixty nor more than ninety days before the time when the senator must assume office. in all cases, candidates for senator shall be nominated by the political parties or electoral alliances. the fulfillment of the legal and statutory requirements for nomination as a candidate shall be certified by the national electoral judiciary and reported to the legislature. every time a national senator is elected, a substitute shall be designated who shall assume office in the cases specified by article 62. the terms in office of senators elected by the application of this transitional provision shall last until december 9, 2001. (this relates to article 54.) all members of the senate shall be elected in the manner indicated in article 54 within the two months prior to december 10, 2001; after they meet, they are to decide by lot who must leave office in the first biennium and who in the second biennium. (this relates to article 56.) a system of co-participation shall be established before the end of the year 1996 in conformity with the provisions of clause 2 of article 75 and with the regulations organizing the federal tax bureau; the distribution of jurisdictions, services, and functions existing at the time of the adoption of this reform may not be modified without the approval of the interested province; neither may the distribution of revenues existing at the time of the adoption of this reform be modified to the detriment of the provinces; and, in both [cases, the restriction on changes continues] until the establishment of the aforementioned system of co-participation. the present clause does not affect administrative or judicial claims currently in process that originate in disputes over the distribution of jurisdiction, services, functions, or revenues between the nation and the provinces. (this relates to article 75, clause 2.) congress shall exercise the legislative powers it retains in accordance with article 129 in the city of buenos aires, so long as buenos aires is the capital of the nation. (this relates to article 75, clause 30.) pre-existing delegated legislation that does not contain an established length of time for its continuation in force shall expire at the end of five years from the effective date of this provision, except for that legislation which the national congress expressly ratifies through a new law. (this relates to article 76.) the term of the president currently in office at the time this reform is adopted must be considered as [his] first term. (this relates to article 90.) the term of the president of the nation who assumes office on july 8, 1995, shall end on december 10, 1999. (this relates to article 90.) the expiration of appointments and the limited duration provided for in article 99, clause 4, shall take effect five years after the adoption of this constitutional reform. (this relates to article 99, clause 4.) the mandates established in articles 100 and 101 of chapter iv of section ii of the second part of this constitution, which pertain to the chief of the cabinet of ministers, shall take effect on july 8, 1995. the chief of the cabinet of ministers shall be designated for the first time on july 8, 1995; until this date, his powers are to be exercised by the president of the republic. (this relates to article 99, clause 7, and to articles 100 and 101.) beginning three hundred sixty days from the effective date of this reform, lower court judges may only be designated through the procedure established by the present constitution. until then, the previously existing system shall be applied. (this relates to article 114.) cases in process before the chamber of deputies at the time that the judicial council is installed shall be referred to the latter for the purposes of clause 5 of article 114. those cases already in the senate shall continue there until their conclusion. (this relates to article 115.) until the government authorities arising from the new system of autonomy for the city of buenos aires are constituted, the congress shall exercise exclusive legislative authority over its territory, under those same terms as prior to the adoption of the present [reforms]. the chief of government shall be chosen during 1995. the law provided for in the second and third paragraphs of article 129 shall be passed within two hundred seventy days of the effective date of this constitution. until such time that the organizational statute is passed, the appointment and removal of judges for the city of buenos aires shall be regulated by the provisions of articles 114 and 115 of this constitution. (this relates to article 129.) this reform goes into effect the day following its publication. members of the constitutional convention, the president of the argentine nation, the presidents of the legislative chambers, and the president of the supreme court of justice will swear to it in a single act on august 24, 1994, in the san jose palace, concepcion del uruguay, province of entre rios. each branch of government and the provincial and municipal authorities are to arrange whatever is necessary for their members and officials to swear allegiance to this constitution. the prescribed constitutional text, sanctioned by this constitutional convention, replaces the one existing until now. title i general principles article 1. the romanian state romania is a national state, sovereign and independent, unitary and indivisible. the form of government of the romanian state is the republic. romania is a democratic and social state, governed by the rule of law, in which human dignity, the citizen's rights and freedoms, the free development of human personality, justice and political pluralism represent supreme values, in the spirit of the democratic traditions of the romanian people and the ideals of the revolution of december 1989, and shall be guaranteed. the state shall be organized based on the principle of the separation and balance of powers-legislative, executive and judicial-within the framework of constitutional democracy. in romania, the supremacy of the constitution and the observance of the constitution and the laws shall be mandatory. article 2. sovereignty national sovereignty shall reside within the romanian people which shall exercise it through its representative bodies, resulting from free, periodical and fair elections, as well as by referendum. no group or individual may exercise sovereignty on its own behalf. article 3. the territory the territory of romania is inalienable. the borders of the country are established by organic law, in accordance with the principles and other generally acknowledged norms of international law. administratively, the territory is organized in communes, cities, and counties. according to the law, some cities are proclaimed municipalities. foreign populations may not be displaced or colonized on the territory of the romanian state. article 4. the unity of the people and equality among citizens the state is founded upon the unity of the romanian people and the solidarity of its citizens. romania is the common and indivisible homeland of all its citizens regardless of race, ethnic origin, language, religion, sex, opinion, political allegiance, wealth, or social origin. article 5. citizenship romanian citizenship may be acquired, preserved, and lost in accordance with the provisions stipulated by the relevant organic law. romanian citizenship cannot be taken away from anyone who acquired it at birth. article 6. the right to identity the state recognizes and guarantees for members of the national minorities the right to preserve, develop, and express their ethnic, cultural, linguistic, and religious identity. the protective measures taken by the state to preserve, develop, and express the identity of the members of the national minorities shall be in accordance with the principles of equality and nondiscrimination in relation to the other romanian citizens. article 7. romanians abroad the state supports the strengthening of links with romanians outside the country's borders and works for the preservation, development, and expression of their ethnic, cultural, linguistic, and religious identity, by respecting the legislation of the state of which they are citizens. article 8. pluralism and political parties pluralism is a condition and a guarantee of constitutional democracy in romanian society. political parties are established and carry out their activity under the conditions of the law. they contribute to the definition and expression of the citizens' political will, respecting national sovereignty, territorial integrity, the rule of law, and the principles of democracy. article 9. trade unions, employers' associations, and vocational associations trade unions, employers' associations, and vocational associations shall be established and shall carry out their activity according to their respective statutes, in conformity with the law. they shall contribute to the protection of their members' rights and the promotion of their vocational, economic and social interests. article 10. international relations romania maintains and develops peaceful relations with all states and, in this framework, relations of good neighborliness based on the principles and generally accepted norms of international law. article 11. international law and domestic law the romanian state pledges to fulfill to the letter and in good faith the obligations resulting from the treaties to which it is a party. the treaties ratified by parliament in accordance with the law are part of the domestic legal order. if a treaty to which romania is to become a party comprises provisions contrary to the constitution, its ratification shall only take place after the revision of the constitution. article 12. national emblems romania's flag is tricolor; it consists of three vertical stripes: blue, yellow, and red, in this order, from the mast. the national day of romania is 1 december. the national anthem of romania is "romanians, awake." the coat of arms of the country and the state seal are established by organic laws. article 13. official language in romania, the official language is romanian. article 14. the capital the capital of romania is the municipality of bucharest. title ii. fundamental rights, freedoms, and duties chapter i. common provisions article 15. universality all citizens enjoy the rights and freedoms granted to them by the constitution and other laws and have the duties stipulated by them. the law produces legal effects only for the future, with the exception of more favorable criminal or administrative laws. article 16. equality of rights citizens are equal before the law and before public authorities, with no privileges and with no discrimination. no one is above the law. access to public, civil, or military offices and honors is granted, in accordance with the law, to persons of romanian citizenship with a domicile in the country. the romanian state shall guarantee equal opportunities for men and women to accede to such offices and honors. after romania's accession to the european union, the union's citizens who comply with the requirements of the relevant organic law have the right to vote and to stand as candidates in the elections to the local public administration bodies. article 17. romanians citizens abroad romanian citizens abroad shall enjoy the protection of the romania state and shall fulfill their duties, except those which require their presence in the country. article 18. aliens and stateless persons aliens and stateless persons residing in romania shall enjoy the general protection of persons and property guaranteed by the constitution and other laws. the right to asylum is granted and withdrawn in the conditions defined by the law, on observance of the international conventions and treaties to which romania is a party. article 19. extradition and expulsion a romanian citizen may not be extradited or expelled from romania. by derogation from the provisions of paragraph 1, romanian citizens can be extradited under the international agreements romania is a party to, in accordance with the law and on the basis of reciprocity. aliens and stateless persons may be extradited only on the basis of an international convention or under conditions of reciprocity. expulsion and extradition shall be decided upon by the organs of justice. article 20. international human rights treaties constitutional provisions on the rights and freedoms of citizens shall be interpreted and applied in accordance with the universal declaration on human rights and with other treaties and pacts to which romania is a party. in case of an inconsistency between domestic law and the international obligations resulting from the covenants and treaties on fundamental human rights to which romania is a party, the international obligations shall take precedence, unless the constitution or the domestic laws contain more favorable provisions. article 21. free access to justice any person may appeal to the organs of justice for the protection of his/her rights, freedoms, and legitimate interests. no law may impede the exercise of this right. all parties shall be entitled to a fair trial and to the resolution of their cases within a reasonable time. special administrative jurisdictions are elective and free of charge. chapter ii. fundamental rights and freedoms article 22. the right to life and to physical and mental well-being a person's right to life and to physical and mental well-being are guaranteed. no one shall be subjected to torture or to any kind of inhuman or degrading punishment or treatment. capital punishment is prohibited. article 23. individual freedom individual freedom and personal security are inviolable. the search for, detention, or arrest of a person is allowed only in cases specified by law and according to the procedure established by law. the period of detention may not exceed 24 hours. preventive custody shall be ordered by a judge and only in the course of criminal proceedings. in the course of criminal proceedings, preventive custody may be ordered for a maximum period of 30 days, which may be extended for further periods of up to 30 days each; the overall length of the custody shall not exceed a reasonable term, and not last longer than 180 days. after the lawsuit has begun, the court is obliged, in accordance with the law, to check, on a regular basis and no later than 60 days, the lawfulness and grounds of the preventive custody, and to order at once the release of the defendant if the grounds for the preventive custody no longer exist and if the court finds no new grounds which could justify the extension of the custody. the decisions by a court of law on preventive custody are subject to the legal proceedings provided for by law. the person detained or arrested shall be promptly informed, in the language which he/she understands, of the reasons for his/her detention or arrest and of the charges against him, as soon as possible; he/she will be informed of the charges only in the presence of a counsel chosen by him or appointed by the judge. the release of a detained or arrested person shall be mandatory if the reasons for the detention or arrest have ceased to exist, as well as in other circumstances defined by the law. a person under preventive arrest has the right to ask for provisional release, under judicial control or on bail. a person is considered innocent until the final pronouncement of the sentence. punishment can be imposed or executed only on a legal basis and in the conditions defined by the law. sanctions which deprive a person of its freedom can only be based on criminal grounds. article 24. the right to defense counsel the right to defense counsel is guaranteed. throughout the trial, the parties have the right to be assisted by a chosen or court appointed counsel. article 25. free movement the right to free movement in the country and abroad is guaranteed. the law determines the conditions for the exercise of this right. every citizen is assured of the right to establish his/her domicile or residence anywhere in the country, to emigrate, as well as to return to the country. article 26. private and family life public authorities shall respect and protect private and family life. every person is free to do whatever he/she wants to do, as long as he/she does not violate the rights and freedoms of other persons, public order, or the standards of public morality. article 27. inviolability of domicile the domicile and the residence are inviolable. no one may enter or stay in the domicile or residence of a person without the latter's consent. a derogation from the provisions of paragraph 1 may be made, in accordance with the law, for the following purposes: in order to execute an arrest warrant or a court decree; in order to remove a threat to a person's life, physical integrity, or property assets; in order to defend national security or public order; in order to prevent the spread of an epidemic. searches may only be ordered by a judge and have to be carried out in the terms and forms established by the law. searches during night time shall be prohibited, except in cases of a flagrante delicto. article 28. confidentiality of correspondence the confidentiality of letters, cables, and other mail, and of telephone conversations and other means of communication is inviolable. article 29. freedom of conscience freedom of thought and opinion, as well as the freedom of religious belief, may not be restricted in any way. no one can be forced to adopt an opinion or to espouse a religious belief contrary to his/her convictions. freedom of conscience is guaranteed; it must be expressed in a spirit of tolerance and mutual respect. all religions are free and organized in accordance with their own statutes, under the terms defined by the law. all forms, means, acts, or actions of religious enmity are prohibited in the relationship between the cults. the religious sects are autonomous in relation to the state and enjoy its support, which includes measures facilitating religious assistance in the army, in hospitals, penitentiaries, asylums, and orphanages. parents or guardians have the right to ensure, in accordance with their own convictions, the education of minor children for whom they are responsible. article 30. freedom of expression the freedom to express ideas, opinions, and beliefs, and the freedom of creation in any form-orally, in writing, through images, by means of sound, or by any other means of public communication-are inviolable. censorship of any kind is prohibited. freedom of the press also includes the freedom to establish publications. no publication may be banned. the law may oblige the mass media to account publicly for the sources of their financing. the exercise of the freedom of expression shall be without prejudice to the dignity, honor or privacy of an individual, or to his/her right to his/her own image. any defamation of the country and the nation; any incitement to a war of aggression, to ethnic, racial, class or religious hatred, any incitement to discrimination, territorial separatism or public violence as well as any obscene acts contrary to public morals shall be prohibited by law. the civil responsibility for any information or creation made public will be borne by the editor or the producer, author, or organizer of an artistic show, by the owner of the means of reproduction, the radio station, or the television station under the terms established by the law. indictable press offenses shall be established by the law. article 31. the right to information a person's right to have access to any information of public interest may not be curtailed. public authorities are under a duty to provide citizens with correct information concerning public affairs and matters of personal interest falling within their respective jurisdiction. the exercise of the right to information shall be without prejudice to measures which are taken to protect the youth or national security. the public and private mass media organs must ensure that public opinion receives correct information. the public services of radio and television are autonomous. they must guarantee that significant social and political groups have the right to broadcast. the organization of these services and the monitoring of their activity by parliament are regulated by organic law. article 32. the right to education the right to education is ensured through compulsory general education, high school and vocational education, higher education, and other forms of instruction and advanced training. the language of instruction, on all levels, is the romania language. under the conditions of the law, an international language can also be the language of instruction. the right of members of ethnic minorities to learn their mother tongue and the right to be taught in this language are guaranteed; the means of exercising these rights are established by law. state education shall be free in accordance with the law. the state shall grant social scholarships to children or young people coming from disadvantaged families or state institutions, as stipulated by the law. education at all levels shall take place in state, private, or confessional institutions, according to the law. the autonomy of universities is guaranteed. the state will ensure freedom of religious education in accordance with the specific requirements of each faith. in the state schools, religious education is organized an guaranteed by law. article 33. access to culture the access to culture is guaranteed in accordance with the law. a person's freedom to develop his/her spirituality and to get access to the values of national and universal culture shall not be limited. the state has to make sure that spiritual identity is preserved, national culture is supported, arts are stimulated, cultural legacy is protected and preserved, contemporary creativity is developed, and romania's cultural and artistic values are promoted throughout the world. article 34. the right to health care the right to health care is guaranteed. the state is obliged to take measures to ensure hygiene and public health. the organization of the medical care and social insurance systems in case of illness, accidents, childbirth, and recovery, the supervision of the exercise of the medical professions and of paramedical activities, as well as other measures for the protection of the individual's physical and mental health are established by law. article 35. right to a healthy environment the state recognizes the right of every person to a healthy, well-preserved and balanced environment. the state shall provide the legislative framework for the exercise of such right. natural and legal persons have a duty to protect and improve the environment. article 36. the right to vote citizens who are 18 years of age or older as of election day have the right to vote. retarded or mentally-disturbed persons deprived of the right to vote, as well as persons sentenced by final judicial decision to the loss of voting rights, do not have the right to vote. article 37. the right to be elected citizens entitled to vote, who fulfill the conditions specified in article 16, paragraph 3, have the right to be elected, unless they are prohibited from forming political parties in accordance with article 40, paragraph 3. candidates must be at least 23 years of age by or on election day to be elected to the chamber of deputies or to the local public administration bodies, at least 33 years of age to be elected to the senate, and at least 35 years to be elected to the office of president of romania. article 38. right to be elected to the european parliament after romania's accession to the european union, romanian citizens shall have the right to vote and to stand as candidates in elections to the european parliament. article 39. freedom of assembly meetings, demonstrations, parades, or any other form of assembly are free and may be organized and held only in a peaceful manner, without any kind of weapons. article 40. freedom of association citizens may freely establish and adhere to political parties, trade unions, employers' associations and other forms of association. parties or organizations which by their objectives or activities militate against political pluralism, the principle of rule of law, or the sovereignty, integrity, or independence of romania, are unconstitutional. judges of the constitutional court, people's advocates, judges and prosecutors, active members of the armed forces, policemen and other categories of civil servants determined by an organic law shall not be members of political parties. associations of a secret nature are prohibited. article 41. labor and the social protection of labor the right to work shall not be restricted. everyone has the right to freely choose his/her profession, trade or occupation, as well as work place. all employees are entitled to measures of social protection. such measures concern employees' safety and health, working conditions for women and young people, the establishment of a national minimum wage, the weekly time off, paid annual holidays, work under difficult or special conditions, and other specific situations, as defined by law. the maximum duration of a working day is 8 hours on average. women receive the same pay as men for equal work. the right to collective bargaining and the binding nature of collective agreements are guaranteed. article 42. the prohibition of forced labor forced labor is prohibited. the following do not constitute forced labor: activities in the military service or activities which, in accordance with the law, are carried out in lieu thereof due to religious or conscience-related reasons; work which is carried in normal conditions by a person which has received a sentence during detention or conditional release; activities necessary in order to deal with a natural disaster or some other danger, or which result from normal civil obligations established by law. article 43. the right to strike employees have a right to strike to protect their professional, economic, and social interests. the law establishes the conditions and limits for the exercise of this right as well as the guarantees required for the maintenance of essential public services. article 44. right to private property the right to property and the financial claims against the state are guaranteed. the content and limitations of these rights are defined by law. private property shall be equally guaranteed and protected by the law, irrespective of who owns it. foreign and stateless persons may acquire private property of land only under the terms resulting from romania's accession to the european union and from other international agreements to which romania is a party, on the basis of reciprocity and in accordance with the provisions of the relevant organic law, as well as by lawful inheritance. no one may be deprived of his/her property, except for a reason of public interest, specified by law, with just and prior compensation. nationalizations and all other forcible transfers of assets into public ownership based on the owner's social, ethnic, religious or political status or other discriminatory features are prohibited. the public authorities may use any land for projects in the public interest, with the obligation of compensating the owner for resulting damages to the soil, plants, buildings, or any other damage caused by them. in the case of dispute, the compensations provided for in paragraphs 3 and 5 will be determined by mutual agreement with the owner or by the organs of justice. the right to own property implies an obligation to comply with duties related to environmental protection and ensuring good neighborliness and to carry out other obligations which, by law or tradition, are incumbent upon the property owner. legally acquired property cannot be confiscated. property is presumed to have been acquired legally. any item intended for, used in or resulting from a crime or infringement of the law may be confiscated only in accordance with the provisions of the law. article 45. economic freedom the free access to an economic activity, to free enterprise and to their exercise in the terms defined by the law are guaranteed. article 46. the right of inheritance the right of inheritance is guaranteed. article 47. the standard of living the state is obliged to take measures for economic development and social protection which will ensure that citizens have a decent standard of living. citizens have the right to pensions, paid maternity leave, medical care in public health centers, unemployment benefits, and other forms of public or private social security, as provided by the law. citizens have the right to social assistance in accordance with the law. article 48. the family the family is based on a freely consented marriage by the spouses, their full equality, and the right and duty of the parents to raise, educate, and instruct their children. the conditions in which marriages may be contracted, dissolved, and annulled are established by law. a religious marriage ceremony can be celebrated only after the civil ceremony. children born outside marriage enjoy equal rights as those born in marriage. article 49. protection of children and youth children and youth will enjoy special protection and assistance in realizing their rights. the state shall grant benefits for children and provide aid for the care of sick or handicapped children. other forms of social protection for children and youth shall be determined by law. the exploitation of minors and their employment in activities which might be harmful to their health or morals or which might endanger their life or normal development are prohibited. minors under the age of 15 cannot be hired as employees. public authorities have the duty to contribute to ensuring conditions for the free participation of the youth in the political, social, economic, cultural, and sports life of the country. article 50. protection of disabled persons disabled persons shall enjoy special protection. the state shall ensure the implementation of a national policy of equal opportunities, disability prevention and treatment, so that disabled persons can take part effectively in community life, while respecting the rights and obligations of their parents or legal guardians. article 51. the right to petition citizens have the right to address petitions to public authorities solely in the name of the signers of the petitions. legally constituted organizations have the right to petition exclusively in the name of the collectivity which they represent. the exercise of the right to petition is exempt from tax. public authorities have the obligation to respond to petitions by the deadlines and under the conditions specified by law. article 52. the rights of persons suffering damage at the hands of public authority any person whose rights or legitimate interests have been infringed by a public authority, through an administrative act or as a result of the failure to have a request resolved within the period prescribed by law, is entitled to have the right in question or the legitimate interest recognized and the act annulled and to receive compensation for the damages. the conditions and limitations for the exercise of this right will be determined by statutory law. the state is financially liable for any damages caused by judicial errors. the state liability is established under the terms defined by the law and does not exclude the liability of those judges who have acted in bad faith or were grossly negligent. article 53. restrictions on the exercise of certain rights or freedoms the exercise of certain rights or freedoms may be restricted only by law and only if this is necessary, as the case may be, to defend national security, public order, health, or public morals, or the rights and freedoms of citizens; to investigate a crime; or to prevent the consequences of a natural calamity, a disaster or a particularly severe catastrophe. the restriction can only be imposed if it is necessary in a democratic society. the measure must be proportionate to the situation which caused it, has to be applied in a non-discriminatory manner and may not eliminate the right or freedom in question. chapter iii. basic duties article 54. loyalty to the country loyalty to the country is a sacred duty. citizens entrusted with public functions and military men are responsible for faithfully fulfilling their duties and, for this purpose, will take the oath required by law. article 55. the defense of the country citizens have the right and obligation to defend romania. the terms for the fulfillment of the military duties are established by organic law. citizens may be conscripted from the age of 20 and up to the age of 35, except for volunteers, under the terms established by the organic law. article 56. financial contributions citizens are under obligation to contribute to public expenditure by means of fees and taxes. the legal tax system must ensure a just distribution of fiscal duties. any other levies are prohibited, apart from those determined by law in exceptional circumstances. article 57. the exercise of rights and freedoms romanian citizens, foreign citizens, and stateless persons must exercise their constitutional rights and freedoms in good faith, without violating the rights and freedoms of others. chapter iv. the people's attorney article 58. appointment and role the people's attorney is appointed for a five-year-term, for the purpose of defending the rights and freedoms of individuals. the deputies of the people's attorney shall have specialized fields of activity. the people's attorney and his/her deputies shall not perform any other public or private functions, with the exception of teaching functions in the higher education system. the organization and functioning of the office of people's attorney shall be regulated by organic law. article 59. exercise of functions the people's attorney shall exercise his/her functions ex officio or at the request of persons whose rights and freedoms have been infringed, within the limits established by law. public authorities are under obligation to provide the necessary support to the people's attorney in the exercise of his/her duties. article 60. report to parliament the people's attorney reports to the two chambers of parliament annually or at their request. the reports may contain recommendations concerning legislation or other measures designed to protect the rights and freedoms of the citizens. title iii. public authorities chapter i. parliament section 1. organization and operation article 61. role and structure the parliament is the highest representative body of the romanian people and the sole legislative authority in the country. the parliament is composed of the chamber of deputies and the senate. article 62. election of the chambers the chamber of deputies and the senate are elected by universal, equal, direct, secret, and free suffrage, in accordance with the electoral law. organizations of citizens belonging to national minorities which fail to obtain the number of votes necessary to be represented in parliament have the right to one deputy seat each, in accordance with the electoral law. citizens of an ethnic minority may be represented by only one organization. the number of deputies and senators is determined by the election law on the basis of the population of the country. article 63. term of office the chamber of deputies and the senate are elected for four-year-terms, which are extended by law [de jure] in the event of mobilization, war, siege or emergency until such situation has ceased to exist. elections for the chamber of deputies and the senate are held no later than three months after the expiry of their term or the dissolution of parliament. the newly elected parliament will be convened by the president of romania no later than 20 days after the elections. the term of the chambers is prolonged until the new parliament legally convenes. during this period the constitution cannot be revised, nor can any organic laws be adopted, amended, or repealed. government bills or legislative proposals which were on the agenda of the preceding parliament will be carried over into the new parliament. article 64. internal organization the organization and operation of each chamber are determined by its rules of procedure. the financial resources of the chambers are specified in the budgets approved by them. each chamber elects its permanent bureau. the president of the chamber of deputies and the president of the senate are elected for the duration of the term of the chambers. the other members of the permanent bureaus are elected at the beginning of each session. the members of the permanent bureaus can be recalled before the term expires. the deputies and senators can organize in parliamentary groups in accordance with the rules of procedure of each chamber. each chamber establishes its own permanent committees and may set up investigative committees or other special committees. the chambers may set up joint committees. the permanent bureaus and the parliamentary committees shall be established so as to reflect the political composition of each chamber. article 65. sessions of the chambers the chamber of deputies and the senate meet in separate sessions. the chambers may also meet in joint sessions, in conformity with the rules of procedure adopted by majority vote of the deputies and senators, in order to: receive the message of the president of romania; approve the state budget and the state social security budget; declare general or partial mobilization; declare a state of war; suspend or cease military hostilities; approve the national strategy of homeland defense; examine reports of the supreme council of national defense; appoint, upon proposal by the president of romania, the directors of the intelligence services and exercise control over the activity of those services; appoint the people's attorney; establish the status of the deputies and senators, their compensation and other rights; discharge other duties which, in accordance with the constitution or the rules of procedure, are performed in joint session. article 66. sessions the chamber of deputies and the senate meet in two regular sessions a year. the first session begins in february and may not extend beyond the end of june. the second session begins in september and may not extend beyond the end of december. the chamber of deputies and the senate also meet in extraordinary sessions, at the request of the president of romania, of the permanent bureau of each chamber, or at least one-third of the deputies or senators. the chambers are convened by their presidents. article 67. parliamentary decisions and legal quorum the chamber of deputies and the senate adopt laws, decisions, and motions with a majority of the members present. article 68. public nature of the sessions the sessions of the two chambers are public. the chambers can decide to hold certain sessions in camera. section 2. the status of deputies and senators article 69. the representative mandate the deputies and senators are at the service of the people in exercising their mandate. any imperative mandate is null. article 70. the mandate of deputies and senators deputies and senators begin to exercise their functions on the date on which the chamber of which they are members is legally convened, provided that their election is declared valid and the oath is taken. the form of the oath is regulated by organic law. the functions of deputy or senator cease on the date of the convening of the newly elected chambers or as a result of resignation, loss of voting rights, incompatibility, or death. article 71. incompatibilities no one can be both a deputy and a senator at the same time. the status of deputy or senator is incompatible with the exercise of any public position of authority, with the exception of that of member of the government. other cases of incompatibility are defined by organic law. article 72. parliamentary immunity no deputy or senator can be held judicially accountable for the votes cast or the political opinions expressed in the exercise of his/her functions. the deputies and senators are subject to criminal investigation or criminal prosecution in relation to acts which have no connection with votes cast or political opinions expressed in the exercise of their functions, but shall not be searched, detained or arrested without their prior hearing and without the consent of the chamber to which they belong. the investigation and prosecution can only be carried out by the public prosecutor's office attached to the high court of cassation and justice. the high court of cassation and justice shall render the judgement in the case. if caught in the act, deputies or senators may be detained and searched. the ministry of justice shall inform without delay the president of the chamber in question of the detention and the search. in case the competent chamber comes to the conclusion that the detention lacks a proper basis, it shall revoke the measure at once. section 3. legislation article 73. categories of laws parliament adopts constitutional revision laws, organic laws, and ordinary laws. constitutional revision laws are for the purpose of amending the constitution. the following matters are regulated by organic law: the electoral system; the organization and functioning of the permanent electoral authority; the organization, functioning and financing of political parties; the status of the deputies and senators, the determination of their compensation and other rights; the organization and holding of a referendum; the organization of the government and of the supreme council of national defense; the state of partial or total mobilization of the armed forces, and the state of war; the state of siege and emergency; criminal offenses, penalties and the execution thereof; the granting of amnesty or collective pardon; the status of public servants; the jurisdiction of administrative courts; the organization and functioning of the high council of the judiciary, the courts of law, the public ministry and the court of auditors; the general principles of property and inheritance law; the general organization of education; the organization of the local public administration, of the territory, as well as the general principles of local autonomy; the general rules concerning labor relations, trade unions, employers' associations, and social protection; the status of national minorities in romania; the general rules dealing with religious cults; the other fields for which the constitution stipulates the enactment of organic laws. article 74. legislative initiative a legislative initiative may be brought either by the government, or the deputies, or the senators, or a number of at least 100,000 citizens with the right to vote. citizens exercising their right to legislative initiative must represent at least one-quarter of the counties of the country, and obtain at least 5,000 signatures in support of the initiative in each of those counties and the municipality of bucharest, respectively. fiscal matters, international issues, amnesty, or pardon cannot be the object of a legislative initiative brought by citizens. the government exercises its legislative initiative by introducing a bill to the chamber having competence for its adoption, as a first notified chamber. deputies, senators, and citizens who exercise the right to legislative initiative can present legislative proposals only in the form required for government bills. legislative proposals are submitted to the chamber first notified having competence for its adoption. article 75. submission to the chambers bills and legislative proposals concerning the ratification of treaties or other international agreements and the legislative measures relating to the implementation of such treaties and agreements, as well as government bills of organic laws provided for in article 31(5), article 40(3), article 55(2), article 58(3), article 73(3)(e), (k), (l), (n), (o), article 79(2), article 102(3), article 105(2), article 117(3), article 118(2) and (3), article 120(2), article 126(4) and (5), and article 142(5) shall be submitted first to the chamber of deputies for debate and adoption. the other bills or legislative proposals shall be submitted first to the senate for debate and adoption. the chamber to which the bill or legislative proposal has been submitted first shall decide [the matter] within 45 days. for codes and other extremely complex laws, the time period is 60 days. if the time period expires, the bill or legislative proposal shall be considered as adopted. after the chamber to which the bill or legislative proposal has been submitted first has adopted or rejected it, it is sent to the other chamber, which will make a final decision. a provision which has first been adopted by the chamber which was competent for its adoption under paragraph 1 is adopted as final if the other chamber also agrees. in the opposite case, the bill or legislative proposal is referred back solely in respect of the disputed provision to the first chamber, which makes the final decision in an urgency procedure (procedurä� de urgentä�). the provisions of paragraph (4) concerning the return of the bill shall also apply in cases in which the provision is first adopted by the chamber which does not have the decision-making power for the bill [under the terms of paragraph 1]. article 76. approval of laws and decisions organic laws and decisions regarding the rules of procedures of the chambers are approved by majority vote of the members of each chamber. ordinary laws and decisions are approved by majority vote of the members present in each chamber. at the request of the government or on its own initiative, the parliament can pass government bills or legislative proposals in an urgency procedure, established in accordance with the rules of procedure of each chamber. article 77. promulgation of a law laws are sent to the president of romania for promulgation. the promulgation of the law shall take place no later than 20 days after its receipt. before the promulgation of the law, the president may return it to parliament for reconsideration, but only once. if the president has requested a reconsideration of the law or if he/she has asked that its constitutionality be examined, the promulgation of the law takes place no later than 10 days after the receipt of the law approved after reconsideration or after the receipt of the decision of the constitutional court which confirms its constitutionality. article 78. entry into force the law shall be published in the monitorul oficial al romã¢niei (official gazette of romania) and come into force 3 days after its publication, or on a subsequent date specified in its text. article 79. the legislative council the legislative council is a specialized consultative organ of parliament which advises on draft normative acts with a view to the systematization, unification, and coordination of the entire legislation. it keeps the official records of the legislation of romania. the establishment, organization, and operation of the legislative council is regulated by organic law. chapter ii. the president of romania article 80. the role of the president the president of romania represents the romanian state and is the guarantor of the country's national independence, unity, and territorial integrity. the president of romania ensures the observance of the constitution and the normal functioning of public authorities. to this effect, the president acts as a mediator between the powers of the state as well as between the state and society. article 81. election of the president the president of romania is elected by universal, equal, direct, secret, and free suffrage. the candidate who obtains a majority of votes of the voters registered in the voting lists on the first ballot is declared elected. if none of the candidates has obtained such a majority, a second ballot will be held between the two candidates who received the highest number of votes on the first ballot. the candidate who obtains the highest number of votes is declared elected. no one can serve as president of romania for more than two terms. these terms can be successive. article 82. validation of presidential election and presidential oath the results of the elections for the office of president of romania are validated by the constitutional court. the candidate whose election has been validated will take the following oath before the chamber of deputies and the senate, in joint session: "i solemnly swear that i will dedicate all my strength and the best of my ability to the spiritual and material welfare of the romanian people, that i will respect the constitution and the laws of the country, and that i will defend democracy, the fundamental rights and freedoms of the citizens, and the sovereignty, independence, unity, and territorial integrity of romania. so help me god!" article 83. term of office the term of office of the president of romania is five years and starts on the date on which he/she is sworn in. the president of romania remains in office until the newly elected president is sworn in. the president's term of office can be extended, by organic law, in the case of war or disaster. article 84. incompatibilities and immunities during his/her term, the president of romania may not be a member of a party and is barred from exercising any other public or private office. the president of romania enjoys immunity. the provisions of article 72(1) shall apply accordingly. article 85. appointment of government the president of romania designates a candidate for the post of prime minister and appoints the government on the basis of a vote of confidence from parliament. in the case of a cabinet reshuffle or if a post becomes vacant, the president dismisses and appoints the relevant members of the government upon proposal by the prime minister. if the political structure or composition of the government is changed through the reshuffle process, the president of romania shall be entitled to exercise the power regulated in paragraph 2 only with the approval of parliament, granted following the proposal by the prime minister. article 86. consultations with the government the president of romania may consult with the government on urgent and particularly important issues. article 87. participation in government meetings the president of romania may take part in government meetings in which issues of national interest concerning foreign policy, national defense, and public order are discussed, and in other meetings at the request of the prime minister. the president of romania presides over the cabinet meetings in which he/she takes part. article 88. messages to parliament the president of romania sends messages to parliament on major political problems facing the nation. article 89. dissolution of parliament after consulting with the presidents of the two chambers and the leaders of the parliamentary groups, the president of romania can dissolve parliament if no vote of confidence has been obtained for the formation of the government within 60 days of the first request, but only after the rejection of at least two requests for investiture. parliament can be dissolved only once in the course of a year. parliament cannot be dissolved during the last six months of the term of office of the president of romania, or during a state of mobilization, war, siege or emergency. article 90. referendum the president of romania, after consulting with parliament, can ask the people to express their will on matters of national interest by means of referendum. article 91. foreign policy powers on behalf of romania, the president concludes international treaties negotiated by the government and submits them to parliament for ratification within a reasonable time. the other treaties and international agreements are concluded, approved and ratified in accordance with the procedure established by law. on proposal by the government, the president accredits and recalls the diplomatic representatives of romania and approves the establishment, closing, or change of the rank of diplomatic missions. diplomatic representatives of other states present their letters of accreditation to the president of romania. article 92. powers in defense matters the president of romania is the commander of the armed forces and chairs the supreme council of national defense. with the prior approval of parliament, the president can decree the partial or general mobilization of the armed forces. in exceptional cases, the president's decision can be submitted to parliament for approval afterwards, no later than five days after its adoption. in the case of armed aggression directed against the country, the president of romania takes measures to repel the aggression and to inform parliament immediately, by means of a message. if parliament is not in session, it will be convened by law within 24 hours of the onset of the aggression. in the event of a state of mobilization or war, parliament continues to exercise its functions during the whole relevant period; if it is not in session already, it will be convened by law [de jure] within 24 hours after the state of mobilization or war has been declared. article 93. exceptional measures in accordance with the law, the president of romania imposes the state of siege or emergency upon the entire country or upon certain territorial-administrative units and asks parliament for the approval of the measure adopted within a maximum time period of five days following its adoption. if parliament is not in session, it will be convened by law no later than 48 hours after the declaration of martial law or of the state of emergency and will remain in session throughout these periods. article 94. other powers the president of romania also has the following powers: to award decorations and honorary titles; to award the ranks of marshal, general, and admiral; to make appointments to public offices in the conditions defined by the law; to grant individual pardons. article 95. suspension from office if the president of romania commits serious offenses which violate provisions of the constitution, he/she can be suspended from office by the chamber of deputies and the senate, in joint session, by majority vote of the deputies and senators, after consultations with the constitutional court. the president can give parliament explanations in regard to the actions with which he/she is charged. the proposal for suspension from office can be initiated by at least one-third of the deputies and senators and is brought to the attention of the president immediately. if the proposal for suspension from office is approved, a referendum on the removal of the president is organized within 30 days, at the latest. article 96. impeachment the chamber of deputies and the senate may decide the impeachment of the president of romania for high treason with the votes of at least two-thirds of the number of deputies and senators. the impeachment proposal can be initiated by a majority of the deputies and senators and must be notified to the president of romania without delay, so that he/she may give explanations about the charges which are brought against him/her. from the date of the impeachment until his/her eventual removal from office, the president is suspended by law from the exercise of his/her functions. the competence to pronounce judgement in these cases lies with the high court of cassation and justice. the president is removed from office by law [de jure] on the date the impeachment verdict rendered by the court becomes final. article 97. vacancy in the office the office of president of romania becomes vacant in the case of resignation, discharge from office, permanent inability to discharge the duties of the office, or death. within three months of the date on which the vacancy of the position of president of romania occurred, the government will organize elections for a new president. article 98. the interim period if the office of president becomes vacant, if the president is suspended from office, or if he/she is temporarily unable to discharge his/her duties, the office will be filled in the interim by the president of the senate or the president of the chamber of deputies, in that order. the powers regulated in articles 88-90 shall not be exercised by the acting president during the interim period. article 99. accountability of the interim president if the person acting as president of romania in the interim period commits serious offenses which violate the provisions of the constitution, article 95 and article 98 shall apply accordingly. article 100. acts of the president in the exercise of his/her powers, the president of romania issues decrees which are published in the monitorul oficial al romã¢niei. failure to publish makes the decree void. decrees issued by the president of romania in the exercise of his/her powers listed in article 91, paragraphs 1 and 2, article 92, paragraphs 2 and 3, article 93, paragraph 1, and article 94, subparagraphs (a), (b), and (d) are countersigned by the prime minister. article 101. remuneration and other rights the remuneration and other rights of the president of romania are regulated by law. chapter iii. the government article 102. role and structure in accordance with its government program approved by parliament, the government ensures the implementation of the domestic and foreign policies of the country and is responsible for the general management of the public administration. in the exercise of its powers, the government cooperates with the social bodies concerned. the government consists of a prime minister, ministers, and other members specified by organic law. article 103. investiture the president of romania appoints a candidate for the office of prime minister after consulting the party disposing of an absolute majority in parliament or, if no such party exists, after consulting the parties represented in parliament. within 10 days of his/her appointment, the candidate for the office of prime minister will ask for a vote of confidence from parliament for his/her program and the list of ministers. the program and the list are discussed by the chamber of deputies and the senate in joint session. parliament grants confidence to the government by the vote of the majority of the deputies and senators. article 104. oath of allegiance the prime minister, ministers, and other members of the government shall individually take the oath provided for in article 82 before the president of romania. the government as a whole and each member individually exercise their functions from the time they are sworn in. article 105. incompatibilities the office of a member of the government is incompatible with the exercise of any other public function with authority, with the exception of that of deputy or senator. it is also incompatible with the exercise of a position as professional representative paid by a commercial organization. other incompatibilities are established by organic law. article 106. end of government membership membership in the government is terminated by resignation, removal from office, loss of voting rights, incompatibility, or death, as well as in other cases established by law. article 107. the prime minister the prime minister directs the government and coordinates the activity of its members in respect of the powers and duties conferred upon them. in addition, he/she presents to the chamber of deputies or the senate reports and statements on government policy which are discussed on a priority basis. the president of romania cannot dismiss the prime minister. if the prime minister finds himself/herself in one of the situations provided for in article 106-with the exception of a removal from office-or if he/she is unable to discharge his/her functions, the president of romania shall designate another member of the government as interim prime minister to exercise the powers of prime minister until a new government is formed. the interim period resulting from the inability of the prime minister to exercise his/her functions comes to an end if he/she resumes his/her activities in the government. the provisions of paragraph 2 shall apply accordingly to the other members of the government, upon proposal by the prime minister, for a period of no more than 45 days. article 108. government measures the government issues decisions and ordinances. decisions are issued in order to organize the implementation of laws. ordinances are issued under a special enabling law, within the limits and in accordance of the provisions thereof. the decisions and ordinances issued by the government are signed by the prime minister, countersigned by the ministers charged with their execution, and published in the monitorul oficial al romä�niei. the decision or ordinance is void if it is not published. decisions of a military nature are transmitted only to the institutions concerned. article 109. accountability of government members the government is politically accountable only to parliament for its entire activity. each member of the government is politically accountable, jointly with the other members, for the government's activities and measures. only the chamber of deputies, the senate, and the president of romania have the right to call for the prosecution of members of the government for actions carried out in the exercise of their functions. if prosecution is requested, the president of romania can order that the government members be suspended from their positions. any government member on trial is suspended from his/her position. the supreme court of justice has the competence to rule on the case. the grounds for accountability and the punishments applicable to members of the government are regulated by a law on ministerial accountability. article 110. end of term the government exercises its functions until the validation of the general parliamentary elections. the government resigns from office on the date parliament withdraws its confidence or if the prime minister finds himself/herself in one of the situations defined in article 106 with the exception of removal from office or if he/she is unable to exercise his/her functions for more than 45 days. in the situations stipulated in paragraph 2, the provisions of article 103 shall apply accordingly. the government whose term of office has expired in accordance with paragraphs 1 and 2 will carry out only those functions which are necessary for taking care of public business until the members of the new government are sworn in. chapter iv. relations between parliament and government article 111. information of parliament the government and the other bodies of public administration, in the framework of the monitoring of their activity by parliament, must provide the information and documents requested by the chamber of deputies, the senate, or the parliamentary committees through their chairmen. if a legislative initiative involves the modification of the provisions of the state budget or the state social security budget, the request for information is mandatory. the members of the government are entitled to attend the proceedings of parliament. if their presence is requested, their attendance is mandatory. article 112. questions, interpellations and simple motions the government and each of its members are under a duty to respond to the questions or interpellations formulated by deputies or senators, in the conditions defined by the rules of procedure of the two chambers of parliament. the chamber of deputies or the senate can approve a motion expressing its position on a matter of domestic or foreign policy, or, as the case may be, on a matter that has been the subject of an interpellation. article 113. censure motion the chamber of deputies and the senate, in joint session, can withdraw the confidence given to the government by passing a censure motion by the vote of a majority of the deputies and senators. the censure motion can be initiated by at least one-fourth of the total number of deputies and senators and is communicated to the government on the date that it is tabled. the censure motion is discussed three days after it is tabled in the joint session of the two houses. if the censure motion is rejected, the deputies and senators who signed it cannot initiate another censure motion in the same session, with the exception of the case in which the government assumes responsibility in accordance with article 114. article 114. government responsibility the government may make the approval of a program, a statement of general policy or a bill an issue of its responsibility before the chamber of deputies and the senate sitting in joint session. the government is dismissed if a censure motion, tabled within three days of the presentation of the program, the general policy statement, or the bill, is passed in the conditions established in article 113. if the government has not been dismissed in accordance with paragraph 2, the bill presented, amended or completed, as the case may be, with the amendments accepted by the government, is considered to be adopted, and the implementation of the program or statement of general policy becomes mandatory for the government. if the president of romania requests the reconsideration of a law approved in accordance with paragraph 3, the debate on it will take place in a joint session of the two houses. article 115. delegated legislation parliament can pass a special law to empower the government to issue ordinances in areas falling outside the scope of organic laws. the enabling law determines, on a mandatory basis, the field of application for the ordinance and the deadline within which it may be issued. if the enabling law so requests, the ordinance will be submitted to parliament for approval, in accordance with the legislative procedure, before the deadline of the enabling law expires. if the deadline is not respected the ordinance ceases to be effective. the government may adopt emergency ordinances only in exceptional situations the regulation of which cannot be postponed; it is under an obligation to give the reasons for the urgency of the measure in the text of the ordinance. an emergency ordinance shall only come into force after it has been submitted for debate in an urgency procedure to the chamber first notified as having the competence for its adoption, and after it has been published in the monitorul oficial al romã¢niei. if not in session, the chambers shall be convened compulsorily within five days of the submission of the ordinance, or, as the case may be, of its forwarding. if the chamber in question does not make a decision on the ordinance within 30 days following submission, the ordinance shall be considered as adopted and shall be transmitted to the other chamber, which shall also decide the matter in an urgency procedure. an emergency ordinance containing norms of the same kind as an organic law must be approved by the majority provided for in article 74(1). emergency ordinances may not be adopted in the field of constitutional laws; they may not affect the status of fundamental institutions of the state, the rights, freedoms and duties stipulated in the constitution, and the voting rights, and may not envisage measures for the forcible transfer of certain assets into public property. the ordinances which are submitted to parliament shall be approved or rejected by a law which must equally contain the ordinances which have ceased to be effective according to paragraph 3. the law approving or rejecting an ordinance shall regulate, if necessary, the required measures dealing with the legal effects produced by the ordinance during its application. chapter v. public administration section 1. central public administration article 116. structure the ministries are organized under the direction of the government. other specialized bodies can be organized under the direction of the government or of the ministries or as autonomous administrative authorities. article 117. establishment the ministries are established and organized and operate in accordance with the law. the government and the ministries can establish, with the approval of the court of auditors, specialized bodies under their direction, but only in cases in which the law grants them the power to do so. autonomous administrative authorities may be established by organic law. article 118. the armed forces the army is subject solely to the will of the people for the purpose of guaranteeing the sovereignty, independence, and unity of the state, the territorial integrity of the country, and constitutional democracy. the army shall contribute to the collective defense in military alliance systems and take part in peace keeping or peace restoring missions in the conditions defined by law and the international treaties to which romania is a party. the structure of the national defense system, the preparation of the population, the economy, and the territory for defense as well as the status of military personnel shall be regulated by an organic law. the provisions of paragraphs 1 and 2 shall apply accordingly to the other components of the armed forces established in accordance with the law. the organization of military or paramilitary activities outside the framework of a state authority is prohibited. foreign troops may enter into, or pass through, or carry out operations, or be stationed in the romanian territory only under the terms of the law or the international treaties to which romania is a party. article 119. the supreme council for national defense the supreme council for national defense organizes and coordinates, in a uniform manner, the activities related to national security and the defense of the country, its participation in the maintenance of international security and collective defense in military alliance systems, as well as in peace keeping or peace restoring operations. section 2. local public administration article 120. basic principles the public administration in territorial-administrative units is based on the principle of decentralization, local autonomy, and decentralization of public services. in the territorial-administrative units with a significant national minority, provision shall be made for the oral and written use of the respective minority language in the relations with the local administrative authorities and the decentralized public services, in the terms defined by the organic law. article 121. communal and city authorities the public administration authorities, through which local autonomy is implemented in the communes and cities, are the elected local councils and the mayors elected in accordance with the law. the local councils and the mayors cooperate as autonomous administrative authorities and manage public affairs in the communes and cities in accordance with the law. authorities according to paragraph 1 may also be set up in territorial-administrative subdivisions of municipalities. article 122. the county council the county council is the public administration authority in charge of coordinating the activity of the communal and city councils, for the purpose of carrying out public services of interest to the county. the county council is elected and operates in accordance with the law. article 123. the prefect the government appoints a prefect in each county and in the bucharest municipality. the prefect is the representative of the government at the local level and directs the decentralized public services of the ministries and the other bodies of the state administration in the territorial-administrative units. the powers of the prefect are established by organic law. there exist no hierarchical relationships between the prefects, on the one side, and the local councils, the mayors, the county councils and their presidents, on the other. the prefect may challenge before the administrative law courts an act of the county council, the local council, or the mayor if he/she believes that the decree is illegal. the challenged act shall be suspended by law. chapter vi. judicial authority section 1. courts of justice article 124. carrying out justice justice is carried out in the name of the law. justice is impartial and the same for all citizens. the judges are independent and subject only to the law. article 125. rules governing judges judges appointed by the president of romania shall be irremovable in accordance with the law. the proposals for appointment of judges, their promotion and transfer as well as sanctions against judges shall be within the exclusive competence of the high council of the judiciary, under the terms of its organic law. the position of judge is incompatible with any other public or private office, with the exception of teaching positions in higher education. article 126. courts of law justice is administered by the high court of cassation and justice and the other courts of law established by law. the jurisdiction of the courts of law and the judicial procedure are exclusively regulated by law. the high court of cassation and justice ensures the uniform interpretation and implementation of the law by the other courts of law in all matters falling within its jurisdiction. the composition of the high court of cassation and justice and the rules governing its functioning are established by organic law. it is prohibited to set up courts with special jurisdiction. courts specialized in certain areas of law may be set up by an organic law which may provide, as the case may be, for the participation of persons from outside the judiciary. the judicial control of administrative measures taken by public authorities by way of litigation before the administrative law courts is guaranteed, with the exception of those acts which concern the relations with parliament and the military command acts. the jurisdiction of the courts which are competent to adjudicate administrative law disputes extends to the decision of applications filed by persons claiming a violation of their rights by ordinances, or by provisions in those ordinances that have been declared unconstitutional. article 127. public character of court hearings court hearings are public, except for cases stipulated by law. article 128. use of native language and interpreters in court the judicial process is carried out in the romanian language. romanian citizens belonging to national minorities have the right to express themselves in their native language before the courts of law, in the terms defined by the organic law. the modalities for the exercise of the right stipulated in paragraph 2, including the use of interpreters and translations, shall be regulated in a way which does not impede the smooth administration of justice and does not cause additional costs to the persons involved. foreign citizens and stateless persons who do not understand or do not speak the romanian language are entitled to study the court files and to follow the proceedings, to speak in court and to present a concluding statement, by using an interpreter; in criminal lawsuits, the exercise of this right shall be free of charge. article 129. contesting decisions the parties concerned and the public ministry may bring appeals against court decisions in the conditions defined by the law. article 130. court police the courts of law have police forces at their disposal. section 2. the public ministry article 131. role of the public ministry in the judicial area, the public ministry represents the general interests of society and defends the legal order as well as the rights and freedoms of the citizens. the public ministry exercises its powers through public prosecutors, organized as public prosecutors offices, in accordance with the law. public prosecutor's offices attached to courts of law shall direct and supervise the criminal investigations carried out by the police in accordance with the law. article 132. basic rules for prosecutors the prosecutors carry out their activity in accordance with the principles of legality, impartiality, and hierarchical control under the authority of the minister of justice. the office of public prosecutor is incompatible with any other public or private office, with the exception of teaching positions in higher education. section 3. the high council of the judiciary article 133. role and structure the high council of the judiciary guarantees the independence of the judiciary. the high council of the judiciary is composed of 19 members, of whom: 14 are elected by the general meeting of the council and confirmed by the senate; they are divided into two sections, one for the judges and the other for the public prosecutors; the first section is composed of 9 judges, and the second of 5 public prosecutors; 2 representatives of civil society, experts in law, who enjoy a high professional and moral reputation, to be elected by the senate; they shall only participate in plenary proceedings of the council; the minister of justice, the president of the high court of cassation and justice, and the attorney general of the public prosecutor's office attached to the high court of cassation and justice. the president of the high council of the judiciary is elected for a non-renewable term of one year among the members listed under paragraph 2(a). the term of office of the members of the high council of the judiciary is 6 years. the high council of the judiciary takes its decisions by secret ballot. the president of romania presides at the meetings of the high council of the judiciary in which he/she takes part. decisions by the high council of the judiciary shall be final and irrevocable, except those listed in article 134(2). article 134. duties the high council of the judiciary proposes to the president of romania the appointment of judges and prosecutors, with the exception of trainees, in accordance with the law. the sections of high council of the judiciary serve as disciplinary courts for judges and public prosecutors, based on a procedure established by its organic law. in these cases, the minister of justice, the president of the high court of cassation and justice, and the attorney general of the public prosecutor's office are not entitled to vote. disciplinary decisions by the high council of the judiciary may be challenged before the high court of cassation and justice. the high council of the judiciary shall also perform the other duties enumerated in its organic law, in order to fulfill its role as guarantor of the independence of the judiciary. title iv. economy and public finance article 135. the economy the economy of romania is a free market economy, based on free enterprise and competition. the state is expected to ensure: free trade, protection of loyal competition, the creation of a favorable framework for the use of all production factors; the protection of national interests in economic, financial, and currency transactions; the stimulation of national scientific and technological research, arts and protection of copyright; the exploitation of natural resources in accordance with the national interest; the restoration and protection of the environment, as well as the preservation of ecological balance; the creation of the necessary conditions for improving the quality of life; implementation of regional development policies in compliance with the objectives of the european union. article 136. property property may be public or private. public property is guaranteed and protected by the law and belongs to the state or the territorial-administrative units. the mineral resources which are of public interest, the airspace, water resources that can be used for power production in the public interest, beaches, the territorial sea, the natural resources of the economic zone and the continental shelf as well as other assets defined by law constitute exclusive public property. public property is non-transferable. under the terms of the organic law, public property can be managed by autonomous entities or public institutions, or can be licensed or leased; it can also be transferred to public utility institutions for free use. private property is inviolable in accordance with the organic law. article 137. financial system the generation, management, use and control of the financial resources of the state, of territorial-administrative units, and of public institutions will be regulated by law. the national currency is the leu, with its subdivision, the ban. in case of romania's accession to the european union, the replacement of the nationally currency by the eu currency and its circulation may be regulated by organic law. article 138. public budget the national public budget incorporates the state budget, the state social security budget, and the local budgets of the communes, cities, and counties. each year the government prepares the draft state budget and the draft state social security budget which it submits separately to parliament for approval. if the law on the state budget and the law on the state social security budget are not approved at least three days before the end of the budget year, the state budget and the state social security budget for the previous year will continue to be in effect until new budgets are approved. the local budgets are prepared, approved, and executed in accordance with the law. no budgetary expenditure can be approved unless the source of financing has been established. article 139. taxes, duties, and other contributions taxes, assessments, and any other revenues for the state budget and the state social security budget are established exclusively by law. local taxes and duties are established by the local or county councils, within the limits and under the terms of the law. contributions made for the establishment of funds shall only be used for their original purpose as established by the law. article 140. the court of auditors the court of auditors monitors the generation, administration, and use of the financial resources of the state and the public sector. the disputes resulting from the activity of the court shall be settled by specialized courts of law under the terms established by the organic law. the court of auditors presents an annual report to parliament on the management accounts of the national public budget in the past budget year, including any irregularities found. at the request of the chamber of deputies or the senate, the court monitors the management of public resources and reports its findings. the members of the court of auditors (auditors) are appointed by parliament for a term of 9 years which cannot be extended or renewed. they are independent in the exercise of their functions and cannot be removed during their term of office. with regard to incompatibilities they are subject to the same regulations as judges. one-third of the auditors are renewed by parliament every 3 years, under the terms established by the organic law of the court. parliament is entitled to revoke the auditors in the conditions and under the terms established by the law. article 141. the economic and social council the economic and social council serves as an advisory body to the government and parliament in the fields enumerated in the organic law governing its establishment, organization and functioning. title v. the constitutional court article 142. structure the constitutional court is the guarantor of the supremacy of the constitution. the constitutional court is composed of 9 justices, appointed for a nine-year term, which cannot be extended or renewed. three justices are appointed by the chamber of deputies, three by the senate, and three by the president of romania. the members of the constitutional court elect a president by secret ballot for a three-year term. every three years one-third of the membership of the constitutional court is renewed in accordance with the terms of the court's organic law. article 143. conditions for appointment the justices of the constitutional court must have superior legal education, high professional competence, and at least 18 years of experience in the legal profession or at university law faculties. article 144. incompatibilities the office of member of the constitutional court is incompatible with any other public or private office, with the exception of teaching positions at university law faculties. article 145. independence and irremovability the members of the constitutional court are independent in the exercise of their mandate and cannot be removed during the course of their term. article 146. functions the constitutional court has the following functions: to pronounce on the constitutionality of laws before their promulgation upon request of the president of romania, one of the presidents of the two chambers, the government, the high court of cassation and justice, the people's attorney, at least 50 deputies or 25 senators, as well as on its own initiative [ex officio] on proposals for the amendment of the constitution; to pronounce on the constitutionality of treaties or other international agreements upon request by one of the presidents of the two chambers, or at least 50 deputies or 25 senators; to pronounce on the constitutionality of the rules of procedure of parliament at the request of one of the presidents of the two chambers, a parliamentary group, at least 50 deputies or 25 senators; to decide on objections as to the unconstitutionality of laws and ordinances brought u before courts of law or commercial arbitration tribunals; the objection of unconstitutionality may also be brought up directly by the people's attorney; to solve legal disputes of a constitutional nature between public authorities, upon request of the president of romania, one of the presidents of the two chambers, the prime minister, or of the president of the high council of the judiciary; to ensure the observance of the procedure prescribed for the election of the president of romania and to confirm the election results; to ascertain the existence of circumstances which justify an interim in the exercise of the office of president of romania and to communicate its findings to parliament and the government; to provide an advisory opinion on the proposal to suspend the president of romania from office; to ensure compliance with the procedure for organizing and holding a referendum and to confirm its results; to examine the compliance with the conditions for the exercise of the right to legislative initiative by the citizens; to decide on disputes regarding the constitutionality of a political party; to perform all other functions assigned to it by the organic law of the court. article 147. decisions of the constitutional court the provisions of the laws and ordinances in force, as well as those of the regulations which are found to be unconstitutional shall cease to be legally effective 45 days after the publication of the decision of the constitutional court if parliament or the government do not bring the unconstitutional provisions into conformity with the constitution before the end of this period. during this period the application of the provisions found to be unconstitutional shall be suspended by law [de jure]. in the case of the unconstitutionality of a law, parliament is obliged to reconsider the provisions in question before the promulgation of the law in order to bring them into conformity with the constitution. if the constitutionality of a treaty or international agreement has been pronounced in accordance with article 146(b), such treaty or agreement cannot be the object of an objection of unconstitutionality. a treaty or international agreement found to be unconstitutional shall not be ratified. decisions of the constitutional court shall be published in the monitorul oficial al romä�niei. as from their publication decisions shall be generally binding and effective only for the future. title vi. euro-atlantic integration article 148. integration into the european union romania's accession to the constituent treaties of the european union with the objective of transferring certain powers to community institutions and of jointly exercising with the other member states the powers regulated in those treaties shall be decided by a law adopted by the chamber of deputies and the senate in joint session, with a majority of two-thirds of the deputies and senators. as a result of the accession, the provisions of the constituent treaties of the european union as well as the other mandatory community rules take precedence over conflicting provisions of national law, in conformity with the terms of the accession act. the provisions of paragraph 1 and 2 shall apply accordingly to the accession to the acts amending the constituent treaties of the european union. parliament, the president of romania, the government and the judicial authority guarantee the implementation of the obligations resulting from the accession act and the provisions mentioned in paragraph 2. the government transmits the draft proposals for mandatory acts to the two chambers of parliament before they are submitted to institutions of the european union for approval. article 149. accession to the north atlantic treaty romania's accession to the north atlantic treaty shall be decided by a law adopted by the chamber of deputies and the senate in joint session, with a majority of two-thirds of the deputies and senators. title vii. amendment of the constitution article 150. amendment initiative constitutional amendments can be initiated by the president of romania upon proposal by the government, at least one-fourth of the deputies or senators, as well as at least 500,000 citizens eligible to vote. citizens who initiate a constitutional amendment must represent at least half the counties of the country, and in each of these counties and in the bucharest municipality, at least 20,000 signatures supporting this initiative must be obtained. article 151. amendment procedure the amendment draft or proposal must be approved in the chamber of deputies and the senate by at least a two-thirds majority of the members of each chamber. if no agreement can be reached by a mediation procedure, the chamber of deputies and the senate will decide in joint session by a vote of at least three-fourths of the deputies and senators. the revision is final after being approved by a referendum organized within 30 days of the approval of the draft of the recommendation for revision. article 152. limits to constitutional amendments the provisions of the present constitution concerning the national, independent, unitary, and indivisible character of the romanian state, the republic as the form of government, territorial integrity, the independence of the judicial system, political pluralism, and the official language may not be the object of a constitutional amendment. similarly, no amendment shall be adopted if it would result in the elimination of the fundamental rights and freedoms of citizens or of the guarantees of these rights and freedoms. the constitution may not be amended during periods of martial law, a state of emergency or during wartime. title viii. final and temporary provisions article 153. enactment the present constitution shall come into the force on the date of its adoption by referendum. on the same day, the constitution of 21 august 1965 is and remains repealed in its entirety. article 154. temporary conflict of laws laws and all other normative acts will remain in effect, to the extent that they do not contravene the provisions of the present constitution. within 12 months of the enactment of the law on its organization, the legislative council will examine the conformity of the existing legislation with the present constitution and will make the appropriate recommendations to parliament or the government, as the case may be. article 155. transitory provisions the bills and legislative proposals which were pending before parliament at the time of entry into force of the revision law shall be debated and adopted in conformity with the constitutional provisions existing before the revision law came into force. the institutions set up by the constitution which existed at the time of entry into force of the revision law shall continue to operate until the establishment of the new institutions. the provisions of paragraph 1 of article 83 shall apply from the beginning of the next presidential term. the provisions regarding the high court of cassation and justice shall be implemented within two years at the latest after the coming into force of the revision law. the judges currently in office at the supreme court of justice and the members of the court of auditors shall continue in their functions until the expiry of the term for which they have been appointed. to ensure the partial renewal of the court of auditors every 3 years, the current members of the court may be appointed for another term of 3 or 6 years upon expiry of their present term. until the establishment of specialized courts of law, the disputes resulting from the activity of the court of auditors shall be settled by ordinary courts of law. article 156. republication of the constitution the law for the revision of the constitution shall be published in the monitorul oficial al romä�niei within 5 days after its adoption. the legislative council shall update the denominations and renumber the texts, and republish the constitution in the amended and completed version after its approval by referendum. preamble during five centuries the sao tomean people were locked in a hard and heroic struggle against colonial domination for the liberty of their occupied country, for the conquest of sovereignty and national independence, for the restoration of their usurped rights and for the reaffirmation of their human dignity and african character. on 12th july, 1975, under the enlightened direction of the liberation movement of s. tome and principe—m.l.s.t.p, the sao tomean people attained their national independence and proclaimed before africa and all humanity the democratic republic of s. tome and principe. that victory, the greatest of our history only was possible thanks to the sacrifices and to the determination of valiant sons of s. tome and principe who, for centuries, always resisted the colonial presence, and in 1960 organized themselves in c.l.s.t.p. and later on, in 1972 in m.l.s.t.p., until achieving the supreme objective of national liberation. with the proclamation of national independence, the representative assembly of the s. tomean people entrusted to the political bureau of the m.l.s.t.p., through a stipulation in the 3rd article of the fundamental law then approved, the heavy responsibility of, as the highest political organ of the nation, assuming the leadership of the society and of the state in s. tome and principe, targeting the noble objective of guaranteeing independence and national unity, through the building of a democratic state in accordance with the maximum plan of the m.l.s.t.p. fifteen years later and after deep analysis of the experience of legitimate exercise of power by m.l.s.t.p., the central committee in its session of december, 1989, faithful to the patriotic duty of promoting the balanced and harmonious development of s. tome and principe, decided to sanction formally the just national aspirations, expressed during the national conference, of 5th to 8th december of 1989, in the sense of opening the necessary space to the participation of other politically organized forces, with a view toward broadening democracy, for the modernization of s. tome and principe. inspired by the historic necessity of promoting increasingly broader and responsible participation of the citizen in the various dominions of the national life, this present revision to the constitutional text, in addition to consecrating the principle that the monopoly of power does not constitute by itself alone sufficient guarantee of progress, represents the collective will of the sao tomeans in giving their share of contribution to the universality of the fundamental rights and freedoms of mankind. accordingly, with the approval by the people’s national assembly, exercising the powers that are conferred on it by subparagraph i) of article 32, and ratified by a popular referendum, under paragraph 2 of article 70, both of the current constitution, i now promulgate the following constitution: part i. principles and objectives article 1. democratic republic of são tomé and príncipe the democratic republic of são tomé and príncipe is a sovereign and independent state, pledged to the building of a free, just and interdependent society, to the defense of human rights and in an active solidarity among all men and all peoples. article 2. national identity the democratic republic of são tomé and príncipe guarantees the sao tomean national identity and encompasses every and any sao tomean resident within or outside its territory. article 3. sao tomean citizenship sao tomean citizens are all those born in national territory, the children of a sao tomean father or mother and those who may be considered such by the law. sao tomean citizens who acquire the nationality of another country retain their original nationality. article 4. national territory the territory of the democratic republic of são tomé and príncipe is comprised of the islands of são tomé and príncipe, of the islets of rolas, cabras, bombom, bone jockey, pedras tinhosas and other adjacent islets, by the territorial sea within a circle of twelve miles beginning at the baseline determined by the law, by archipelagic waters situated within the interior of the baseline and the airspace that extends over the combined territory as previously defined. the sao tomean state exercises its sovereignty over the entire national territory, the subsoil of the terrestrial space, the soil and the subsoil of the maritime territory formed by the territorial sea and the archipelagic waters, as well as the living and non-living natural resources which may be found in all the aforementioned spaces and those existing in the adjacent waters overlying the coasts, outside the territorial sea, to the extent the law determines and in conformity with international law. article 5. unitary state the democratic republic of são tomé and príncipe is a unitary state, without prejudice to the existence of local authorities. the capital of the republic is the city of são tomé. article 6. state of democratic law the democratic republic of são tomé and príncipe is a state of democratic rule of law, based on the fundamental rights of the human being. political power belongs to the people who exercise it through universal, direct, equal, and secret vote under the terms of the constitution. article 7. justice and legality the state of democratic rule of law means the safeguarding of justice and legality as fundamental values of collective life. article 8. lay state the democratic republic of são tomé and príncipe is a lay state, within it existing a separation of the state with respect to all religious institutions. article 9. state of mixed economy the economic organization of são tomé and príncipe rests on the principle of a mixed economy, having in view national independence, development, and social justice. the coexistence of public property, cooperative ownership and private property of means of production is guaranteed within the terms of the law. article 10. prime objectives of the state prime objectives of the state are: guarantee the national independence; promote, respect and enforce personal, economic, social, cultural and political rights of citizens; to promote and ensure the progress of democratization and economic, social and cultural structures; preserve the harmonious balance of nature and of the environment. article 11. national defense responsibility for ensuring national defense rests with the state. the national defense has as essential objectives the guaranteeing of the national independence, the territorial integrity, the respect for democratic institutions. a special law will regulate its form of organization. article 12. international relations the democratic republic of são tomé and príncipe is determined to contribute toward the safeguarding of universal peace, toward the establishment of equal rights and mutual respect for sovereignty amongst all states and toward the social progress of humanity, on the basis of the principles of international law and peaceful coexistence. the democratic republic of são tomé and príncipe proclaims its adherence to the universal declaration of human rights and to its principles and objectives of the african union and of the united nations organization. the democratic republic of são tomé and principe maintain special ties of friendship and cooperation with portuguese-speaking countries and with the host countries of sao tomean emigrants. the democratic republic of são tomé and príncipe promotes and develops close ties of friendship and cooperation with neighboring countries and those in the region. article 13. reception of international law the norms and principles of general or common international law form an integral part of sao tomean law. the norms contained in international conventions, treaties and international agreements validly adopted and ratified by the respective competent bodies apply in the são tomé legal order following their official publication, and as such are internationally binding on the são tomé and príncipe state. norms provided in international conventions, treaties and international agreements, validly adopted and ratified by the respective competent bodies, take precedence, once they have come into effect in the international and national sphere, over all internal legislative and normative acts below the constitutional level. article 14. national symbols the national flag consists of three horizontal bars, being green and those of the extremes of equal width, and the middle, in which are affixed two five-pointed black stars, yellow, being one and one-half times larger than each of the others and by a scarlet triangle, whose base is located on the left side of the flag. the height of the triangle is half that of the base. the national anthem is “total independence.” the insignia consists of the figure of a falcon to the left and a parrot to the right, separated by an ovular-form coat of arms, whose vertical abscissa is of a dimension 0.33 times larger than the horizontal and in whose interior a palm tree is featured along the vertical abscissa. part ii. fundamental rights and social order title i. general principles article 15. principles of equality all citizens are equal before the law, enjoy the same rights and are subject to the same obligations without distinction as to social or racial origin, sex, political tendency, religious belief or philosophical conviction. woman is equal to man in rights and obligations, being guaranteed to her full participation in political, economic, social and cultural life. article 16. the citizen overseas every sao tomean citizen who resides or finds himself overseas enjoys the same rights and is subject to the same obligations as the other citizens, except for that which would be incompatible with absence from the country. sao tomean citizens resident overseas enjoy the care and protection of the state. article 17. foreigners in são tomé and príncipe the foreigners and displaced persons who reside or find themselves in são tomé and príncipe enjoy the same rights and are subject to the same obligations as the sao tomean citizen, except insofar as are concerned political rights, the exercise of public functions and other rights and obligations expressly reserved by law for the national citizen. the exercise of public office only will be permitted to foreigners provided it has a predominantly technical nature, save the presence of an international agreement or convention. subject to reciprocal terms, the law may grant foreign citizens resident in the national territory active and passive electoral capacity for the election of the holders of the organs of local government. article 18. scope and meaning of rights the rights consecrated in this constitution do not exclude any which might be foreseen in laws or in rules of international law. the precepts relative to fundamental rights are interpreted and integrated in harmony with the universal declaration of human rights. article 19. restriction and suspension the exercise of fundamental rights only can be restricted in cases foreseen in the constitution and suspended during the validity of a state of siege or state of emergency declared in the terms of the constitution and of the law. no restriction or suspension of rights may be established for longer than strictly necessary. article 20. access to the courts every citizen has the right of resorting to the courts against acts which violate his rights recognized by the constitution and by the law, justice not being deniable for insufficiency of economic means. article 21. obligations and limits to rights the citizens have obligations with respect to society and the state, not being able to exercise their rights through violation of the rights of the other citizens, and not respecting the just demands of morality, of public order and of national independence defined in the law. title ii. personal rights article 22. right to life human life is inviolable. in no case, shall capital punishment exist. article 23. right to personal integrity the moral and physical integrity of the person is inviolable. no one may shall be submitted to torture or mistreatment or cruel, inhuman, or degrading treatment or punishment. article 24. right to identity and privacy personal identity and the confidentiality of the intimacy of private and family life are inviolable. article 25. inviolability of the home and of correspondence the home and the secrecy of correspondence and of private means of communication are inviolable. entrance into the home of citizens against their will only may be ordered by competent judicial authority, in the cases and by the manner prescribed by the law. article 26. family, marriage and relationships all have the right to form a family and to enter into matrimony in conditions of full equality. the law regulates the requirements and effects of marriage and of its dissolution, by death or divorce, independent from the form in which it was celebrated. spouses have equal rights with respect to civil or political competency and to the maintenance and education of their children. children born out of wedlock cannot, for that reason, be the object of any discrimination. parents have the right and duty of educating and maintaining their children. article 27. freedom of conscience, religion and worship freedom of conscience, religion and worship is inviolable. no one may be persecuted, deprived of right or exempted from civic obligations or duties because of his convictions or practice of religion. no one may be questioned by any authority about his convictions or religious practices except for the collection of statistical data not individually identifiable nor be prejudiced for refusing to answer. religious confessions are free in worship, in education and in their organization. article 28. freedom of cultural creation intellectual, artistic and scientific creation are free. article 29. freedom of expression and information all have the right to freely express and divulge their thinking by word, by image or by any other means. infractions committed in the exercise of this right remain subject to the general principles of criminal law, their appreciation being within the competence of the courts. article 30. freedom of the press freedom of the press is guaranteed in the democratic republic of são tomé and príncipe, within the terms of the law. the state guarantees a public service press independent of the interests of economic and political groups. article 31. the right to learn and the freedom to teach the right to learn and the freedom to teach are guaranteed. the state may not reserve for itself the right to plan education and culture according to any philosophical, political, ideological or religious policies. article 32. freedom to choose profession all have the right to freely choose a profession or a type of work, with the exception of the legal restrictions imposed by the collective interest or inherent to the profession. article 33. right of relocation and immigration to all citizens the right is guaranteed to freely relocate and establish themselves in any part of the national territory. to all is guaranteed the right to emigrate or to leave the national territory and the right to return. article 34. right to meet and to demonstrate all citizens have the right to meet, peacefully and without arms, even in places open to the public. the right to demonstrate is recognized for all citizens, within the terms of the law. article 35. freedom of association the citizens have the right to, freely and without dependence on any authorization, form associations, so long as they are not contrary to the penal law or do not question the constitution and national independence. associations pursue their ends freely. no one can be obliged to take part in an association nor be compelled by any means to remain in one. article 36. personal freedom and security all have the right to personal freedom and to personal security. no one may be deprived of freedom, except in cases provided for in the law and always by decision or with the review of the appropriate court. article 37. application of the penal law no one may be sentenced criminally except by virtue of prior law which declares punishable the action or omission nor suffer security measures whose purposes are not fixed in prior law. however, penal laws are applied retroactively when their content is more favorable to the accused or to the sentenced. article 38. limits of sentences and of security measures there may be no punishments nor security measures which deprive or restrict liberty which are of a perpetual, unlimited duration or undefined nature. sentences are not subject to commutation. no sentence presumes the loss of any civil, professional or political rights. article 39. habeas corpus in case of imprisonment or illegal detention resulting from the abuse of power, the citizen has the right of recourse to the provision of habeas corpus. the provision of habeas corpus is lodged before the court and its procedure is fixed by the law. article 40. guarantees of criminal procedure criminal procedure will assure all the defense guarantees. every accused is presumed innocent until proven guilty, being tried in the shortest time compatible with defense guarantees. the accused has the right to choose defense counsel and to be assisted by him in all the acts of the trial, the law specifying the instances and the aspects in which that assistance is obligatory. every instruction is within the competence of a magistrate, who may, within the terms of the law, delegate to other entities the practice of instructional acts which do not directly affect fundamental rights. criminal procedure has an accusatory structure with the hearing of the trial and the instructional acts subordinated to the principle of cross-examination. all evidence obtained through torture, coercion or offense to the physical or moral integrity of the person, abusive intromission into private life, in the home, in correspondence or in telecommunications are null. no case may be removed from the court whose competence has been established in prior law. article 41. extradition, expulsion and right of asylum the extradition and the expulsion of sao tomean citizens from the national territory are not allowed. extradition for political motives is not permitted, nor for crimes which carry the death penalty according to the law of the petitioning state. the expulsion of foreigners who have obtained a residence permit, only may be determined by judicial authority, the law assuring expeditious means of decision. asylum is granted to foreigners persecuted or gravely threatened with persecution, in virtue of their activity in favor of democratic rights. title iii. social rights and economic, social and cultural order article 42. right to work all have the right to work. the obligation to work is inseparable from the right to work. it is incumbent upon the state to ensure equality of opportunity in the choice of profession or type of work and conditions do that access to any position, work or professional category are not blocked. the right to exercise professions is guaranteed in the conditions obtaining in the law. article 43. rights of workers all the workers have rights: to recompense for work, according to quantity, nature and quality, observing the principal of equal salary for equal work, so as to guarantee a deserved living; to labor-union freedom, as a means of promoting their unity, defending their legitimate rights and protecting their interests; to the organization of work in socially dignifying conditions, in order to facilitate personal accomplishment; to being able to perform work in hygienic and safe conditions; to a maximum limit to the work day, to weekly rest and to periodic paid holidays; to strike, under terms to be regulated by law, taking into account the interests of the workers and of the national economy. article 44. social security the state guarantees to every citizen, through the social security system, the right to protection in illness, handicap, widowhood, orphanhood and other instances prescribed in the law; the organization of the system of social security of the state does not prejudice the existence of private institutions, with the implementation in mind of the objectives of social security. article 45. cooperatives the right of free establishment of cooperatives is guaranteed. the state stimulates, and supports the creation and the activity of cooperatives. article 46. intellectual property the state protects the inherent rights to intellectual property, including the rights of the author. article 47. private property the right to private property and to its transfer in life or through death is guaranteed to all, in accordance with the law. requisition and expropriation for public use only may be effected as based on the law. article 48. private enterprises the state oversees the respect for the law by private enterprises and protects the economically and socially viable small and medium enterprises. the state may authorize foreign investment, provided it is useful to the economic and social development of the country. article 49. housing and environment all have the right to housing and to an environment of human life and the duty to defend it. it is incumbent upon the state to plan and execute a housing policy inserted in the plans for zoning of the territory. article 50. right to health care all have the right to health care and the duty to defend it. in accordance with the national system of health, it is incumbent upon the state to promote the public health which has as objectives the physical and mental well-being of the populations and their balanced fitting into the socio-ecological environment in which they live. the exercise of private medical practice is permitted, in the conditions fixed by law. article 51. family as the fundamental element of the society, the family has the right to the protection of the society and of the state. it is incumbent, especially, upon the state: to promote the social and economic independence of households; to promote the creation of a national network of maternal infant assistance; to cooperate with parents in the education of their children. article 52. childhood children have the right to the respect and to the protection of the society and of the state, with a view toward their complete development. article 53. youth the youth, especially the young workers, enjoy special protection in order to render effective their economic, social and cultural rights. article 54. senior citizens persons of advanced age have the right to satisfactory family life and economic security. article 55. education education, as a right recognized to all the citizens, strives for the whole formation of man and his active participation in the community. it is the responsibility of the state to promote the elimination of illiteracy and permanent education, in accordance with a national system of instruction. the state ensures basic compulsory and free education. the state gradually promotes the possibility of equal access to the other levels of education. education is permitted through private institutions, in the terms of the law. article 56. culture and sports conditions will be created so that all citizens may have access to culture are encouraged to participate actively in its creation and dissemination. the state preserves, defends and esteems the cultural patrimony of the sao tomean people. it is incumbent upon the state to encourage and promote the practice and spreading of sports and of physical culture. title iv. civic-political rights and obligations article 57. participation in public life all citizens have the right to take part in public life and in the direction of the affairs of the country, directly or by through freely elected representatives. article 58. right to suffrage all citizens of more than eighteen years have the right of suffrage, excepting incompetence as provided in the general law. article 59. right to access to public office all citizens have the right of access, in conditions of equality, and liberty, to public office. article 60. right of petition all citizens have the right to present, individually or collectively, to the organs of political power or to any authority petitions, representations, protests or complaints for defense of their rights in the constitution, in the laws or of the general interest. article 61. right of indemnity every citizen has the right to be indemnified for damage caused by illegal and harmful actions to his legitimate rights and interests, whether from state organs, social organizations or whether from public officials. article 62. civic organizations the state supports and protects the social organizations recognized by law which, in correspondence with specific interests, frame and foment the civic participation of the citizens. article 63. political organizations every citizen may form or participate in political organizations recognized by law which encompass the free and plural participation of the citizens in public life. special law shall regulate the formation of political parties. article 64. national defense obligations it is a privilege, honor and the supreme duty of a citizen to participate in the defense of the sovereignty, independence and territorial integrity of the state. every citizen has the duty of rendering military service under the terms of the law. treason to the fatherland is a crime punishable by the most severe punishment. article 65. taxes all citizens have a duty to contribute to public expenditure, under the law. the taxes seek to satisfy the financial necessities of the state and a just distribution of income. part iii. organization of political power title i. general principles article 66. political participation of the citizens the participation and direct and active involvement of citizens in the political life constitutes a fundamental condition of consolidation of the republic. article 67. organ of political power the formation, the composition, the competence and the functioning of the organs of political power are those defined in the constitution and in the law. no organ of political power may delegate its powers to other organs, except in the instances and in the terms expressly foreseen in the constitution and the law. article 68. organs of sovereignty organs of sovereignty are: president of the republic national assembly government courts article 69. the principle of the separation and interdependence of powers sovereign bodies shall observe the principles of separation and interdependence laid down in the constitution. no organ that exercises sovereignty and no organ of regional or local government may delegate its powers to other organs, except in the cases and under the circumstances expressly provided for in the constitution and the law. article 70. normative acts legislative acts are laws, decree-laws, decrees, regional decrees and regional executive decrees. the laws and decree-laws are of equal value, subject to their subordination to the corresponding provisions of the published decree-laws in terms of the use of legislative authorization and the provisions that serve to develop the general basis for the legal regimes. regional decrees and regional executive decrees deal with matters of specific interest to the autonomous region of príncipe which are not reserved to the national assembly or to the government, and they may not contain provisions contrary to the fundamental principles of the republic’s general laws. the decree-laws and decrees deal with matters concerning the organization and functioning of government. the general laws of the republic are those laws and decree-laws whose raison d’être involves unconditional application throughout the national territory. no law can create other categories of legislative acts or grant other types of acts the power to, with external effectiveness, interpret, add to, modify, suspend or revoke any of their precepts. the regulations shall specify the laws whose purpose it is to regulate or define the subjective and objective competence to their introduction. article 71. referendum citizens with voting rights who are registered in the national territory, except as provided in paragraph 3 of article 17, may be called upon to vote directly, with binding effect, in a referendum, by decree of the president of the republic, on the proposal of the national assembly or the government in matters for which they are competent, in the cases and in the terms contemplated in the constitution and in the law. the referendum can relate only to matters of national interest that should be decided by the national assembly or by the government through the adoption of an international convention or legislative act. specifically excluded from the scope of the referendum are amendments to the constitution, the matters contemplated in article 97 of the constitution and questions and measures relating to the budget, tax and finance. each referendum shall only address one matter, and questions shall be formulated in terms of a yes or no, objectively, clearly and precisely worded, with a maximum number of questions to be fixed by law, which will also determine the other conditions for the drawing up and holding of referendums. the convening and holding of referendums between the date of convening and holding general elections for government bodies, members of the regional assembly of príncipe and local government bodies is not permitted. the president shall submit to mandatory prior review of the constitutionality and legality the proposed referendum that has been submitted by the national assembly or by the government. the rules on the election of members to executive bodies shall apply, with the appropriate changes. referendum proposals that are rejected by the president of the republic or are voted against by the electorate cannot be repeated in the same legislative session, unless a new national assembly is elected, or until the government is dismissed. article 72. incompatibility the functions of the president of the republic are incompatible with any other public or private office. the functions of deputy to the national assembly, members of government and of head of local power organs are subject to the incompatibilities established in the law. article 73. oath of office upon being empowered in their offices, the heads of organs of the state make the following oath: “i swear, by my honor, to fulfill an ensure the fulfillment of the constitution and the laws, to defend the national independence, to promote the economic, social and cultural progress of the sao tomean people and to perform with all loyalty and dedication the functions which are entrusted to me.” article 74. control and responsibility the heads of organs of political power have the duty of maintaining the citizens and their organizations informed concerning public affairs, remaining subject to democratic control exercised through the forms of political participation established in the constitution and the law. members of bodies with political power have political, civil and criminal liability for the actions and omissions committed in the exercise of their functions. article 75. deliberations of collegial organs the deliberations of the collegial organs of political power are taken in harmony with the principles of free discussion and criticism and the acceptance of the will of the majority. article 76. publication of acts the law determines the forms of publication of the laws and of the other acts of political power. the lack of publication of the laws implies their legal inefficacy. title ii. president of the republic article 77. duties the president of the republic is the chief of state and the supreme commander of the armed forces, represents the democratic republic of são tomé and príncipe, guarantees the national independence and ensures the regular operation of the institutions. article 78. election and assumption of office the president of the republic is elected by universal, free, direct and secret suffrage. eligibility for election as president of the republic is open only to sao tomean citizens of origin, the children of a sao tomean father or mother, who are over 35 years of age and have no other nationality, and who, in the three years immediately preceding the date of their candidature, have been permanently resident in the national territory. the elected president of the republic shall take office before the national assembly on the last day of the term of the outgoing president or, in the case of an election resulting from the position having been vacated, on the eighth day following publication of the election results. article 79. mandate the president of the republic is elected for five years. in the instance of vacancy, the election of the new president of the republic will take place ninety days subsequent and he shall begin a new mandate. re-election for a third consecutive term of office, or during the five-year period immediately following the end of the second consecutive mandate, is not permitted. if the president of the republic resigns, he cannot run in the next elections, nor can he run during the five-year period immediately following his resignation. article 80. competences the president of the republic has the competences for: defending the republic’s constitution; exercising the functions as supreme commander of the armed forces; in accordance with electoral legislation, to set the date for elections for president of the republic, for the national assembly and for regional and local assemblies; convening a national referendum and declaring the date on which it will be held; promulgating laws, decree-laws and decrees; granting pardons and commuting sentences after consulting with the government; declaring a state of siege or emergency, after consulting with the government and after obtaining authorization from the national assembly; authorizing involvement by the são tomé armed forces in peacekeeping operations abroad or the presence of foreign armed forces in the national territory, at the government’s proposal, after consulting with the council of state and with the consent of the national assembly; asking the constitutional tribunal to carry out a prior review of the constitutionality or legality of legal provisions and international treaties; conferring state honors. article 81. competences in relation to other bodies as regards other bodies the president of the republic has the following: to chair the council of state; to chair the higher defense council; to chair the council of ministers, at the request of the prime minister; to convene extraordinary meetings of the national assembly whenever compelling reasons of public interest justify this; to dissolve the national assembly, in observance of the provisions of article 103, and after consulting with the political parties that have seats in the national assembly; to send messages to the national assembly; to appoint the prime minister, after consulting with the political parties, with the consent of the national assembly and taking the election results into account; to appoint and dismiss members of the government, at the proposal of the prime minister; to dismiss the government, in accordance with article 117; to appoint three members to the council of state; to appoint a judge for the constitutional court; to appoint and dismiss the attorney-general of the republic, on the proposal of the government. article 82. competence in international relations in the area of international relations the president of the republic has the following competences: to represent the state in international relations; to ratify international treaties, once they have been duly approved; to declare war and make peace, on the proposal of the government, after consulting the council of state and with the authorization of the national assembly; to appoint and dismiss ambassadors, on the proposal of the government, and to accredit foreign diplomatic representatives; in consultation with the government to conduct the whole negotiation process for concluding international agreements in the area of defense and security. article 83. promulgation and veto the bills approved by the national assembly and submitted to the president of the republic must be promulgated by the latter, within a time limit of 15 days beginning on the day of its receipt. in case the promulgation is not confirmed, the bill will be reviewed by the national assembly and if a favorable vote of the qualified majority of the deputies is obtained, the president must promulgate it within the space of eight days. the normative acts of the government referred to in subparagraphs c) and d) of article 111 will be regarded as legally non-existent if, within twenty days of their receipt, they are not promulgated or signed by the president of the republic. article 84. decision-making in the exercise of his powers and competence, the president of the republic determines the form of the presidential decree. article 85. absence from the national territory the president of the republic may not absent himself from the national territory without assent of the national assembly or of its permanent commission, if the former is not in session. assent is dispensed with in the instances of travel not of official character not longer than five days, however the president must give prior advice of it to the national assembly. failure to observe the provision of paragraph 1 will automatically result in the loss of office in accordance with the respective process, as defined by law. article 86. criminal liability for crimes committed in the exercise of his duties, the president of the republic will be answerable to the supreme court. the initiative for bringing criminal proceedings rests with the national assembly on the proposal of one fifth of its members and a resolution adopted by a two-thirds majority of its members. a criminal sentence shall result in removal from office and the impossibility of re-election. for crimes committed outside the exercise of his duties the president of the republic shall be answerable to an action brought before the common courts after ending his mandate. article 87. interim substitution during the temporary incapacitation of the president of the republic, as well as during the vacancy of the office until the inauguration of the new president elect, the president of the national assembly or should he be incapacitated, his substitute, shall assume the duties. while exercising on an interim basis the duties of president of the republic, the mandate as deputy of the president of the national assembly or of his substitute is suspended automatically. the acting president cannot exercise the powers contemplated in subparagraph f) of article 80 and subparagraph e) of article 81. title iii. council of state article 88. definition and composition the council of state is the political body that advises the president of the republic. the council of state is presided over by the president of the republic and is made up of the following members: the president of the national assembly; the prime minister; the president of the constitutional court; the attorney-general of the republic; the president of the regional government of príncipe; former presidents of the republic who have not been removed from office; three citizens of recognized suitability and merit, appointed by the president of the republic for the period corresponding to the duration of its mandate; three citizens elected by the national assembly, in accordance with the principle of proportional representation, for the period corresponding to the term of the legislature. article 89. installation and term of office the members of the council of state are empowered by the president of the republic. the members of the council of state contemplated in subparagraphs a) and e) of paragraph 2 of the preceding article retain their positions for as long as they exercise their respective duties and those contemplated in subparagraphs g) and h) remain in effect until their replacements assume the duties in question. article 90. functioning and competence council of state meetings are not public. the council of state has the following duties: to draw up its regulations; to pronounce on the dissolution of the national assembly; to pronounce on dismissal of the government when this is necessary for ensuring the correct functioning of democratic institutions; to pronounce on the declaration of war and the making of peace; to pronounce on treaties that involve restrictions on sovereignty and the participation of the country in collective security or military international organizations; to pronounce on the participation of the armed forces on operations abroad or the presence of foreign armed forces in national territory; to pronounce on other cases contemplated in the constitution and, in general terms, to advise the president of the republic in the exercise of his duties when requested to do so. the deliberations of the council of state are not of a binding nature. article 91. form and publication of deliberations the council of state’s deliberations assume the nature of opinions. the opinions of the council of state contemplated in subparagraphs b) and e) of paragraph 2 of article 90 are announced at the meeting convened for that purpose by the president of the republic and are made public when the action to which they refer is undertaken. title iv. national assembly article 92. role the national assembly is the highest representative and legislative organ of the state. article 93. composition and election the national assembly is composed of elected deputies, within the terms of the law. the deputies represent all the people, and not just the electoral circles by which they are elected. the number of members of the national assembly is fixed by the law. article 94. powers of the deputies the deputies have, by designation, the following powers: discuss all questions of national interest; introduce bills, of resolution and of motion; question the government; orally or in writing; propose the establishment of commissions of inquiry. article 95. immunities no deputy may be inconvenienced, pursued, detained, imprisoned, judged or condemned for votes and opinions he may make during the exercise of his duties. except in the instance of flagrante delicto and for a crime punishable by imprisonment and by consent of the national assembly or of its permanent committee, deputies may not be pursued or imprisoned for crimes committed outside their duties. article 96. rights, prerogatives and duties the rights, privileges and duties of deputies are regulated by the law. the deputy who is gravely missing his duties may be removed from the national assembly, by secret vote, by a majority of two-thirds of the sitting deputies. article 97. competence the national assembly is charged with: proceeding to constitutional revision; making laws and voting resolutions and motions; bestowing legislative authority on the government; ratifying the decrees-law expedited by the government through its use of legislative authority; naming and dismissing in the terms of law, the judges of the supreme court of justice; granting amnesties; approving the state’s budget; approving the plans for development and their respective law; auditing the accounts of the state relative to each fiscal year; to approve treaties relating to the matters of law contemplated in article 98, the treaties that involve the participation of são tomé and príncipe in international organizations, treaties of friendship, peace and defense, as well as any others which the government desires to submit to it; evaluating and approving the government’s plan and controlling its execution; proposing to the president of the republic the dismissal of the prime minister; authorizing the president of the republic to declare a state of siege or of emergency; authorizing the president of the republic to declare war and to make peace; oversee the fulfillment of the constitution and of the laws and evaluate the acts of the government and of the administration; evaluating, modifying or annulling legislative bills or any measures of regulatory character adopted by the organ of political power which may contradict the present constitution; exercising the other functions which may be committed to it by the constitution and by the law; voting motions of confidence in or censure of the government. article 98. reservation of legislative competence the national assembly has exclusive power for legislating on the following matters: citizenship; the personal and political rights of citizens; elections and other forms of political participation; judicial organization and status of judges; state of siege and state of emergency; the organization of national defense; property sectors of means of production; taxes and fiscal systems; expropriation and requisitioning for the public benefit; monetary system; the definition of crimes, penalties and security measures and criminal prosecution; the general organization of state administration, except for the provisions of subparagraph c) of article 111; the statutes regulating officials and the civil liability of the administration; the organization of local authorities; the status and capacity of persons. article 99. legislative and parliamentary procedure legislative initiative is reserved to the deputies and to the government; the deliberations of the national assembly assume the form of laws, resolutions and motions. article 100. legislative authorizations the national assembly may authorize the government to legislate, by decree-law, on the matters contemplated in article 98. the legislative authorization must specify its purpose, its extent and its duration. when the legislative term comes to an end and there is a change of government, this marks the end of the legislative powers granted. article 101. ratification of decrees-laws the decrees-laws published until one month before each legislative session, in exercise of its delegated legislative authority, are considered ratified if, in the first five plenary sessions of the national assembly subsequent to their publication, no deputy requires they be submitted for ratification. article 102. the legislature the legislature has a term of four years and begins with the swearing in of all its members. article 103. dissolution the national assembly may be dissolved in the event of severe institutional crisis that prevents its normal functioning, when this is necessary for the correct functioning of democratic institutions; for this purpose the act must first obtain a favorable opinion from the council of state, otherwise it will not be valid. the national assembly cannot be dissolved in the twelve months following its election, during the last six months of the mandate of the president of the republic or while a state of siege or state of emergency is in force. failure to observe the provisions of the preceding point will result in the legal non-existence of the dissolution decree. dissolution of the national assembly does not adversely affect the mandate of its members, nor the jurisdiction of the permanent committee, until the first meeting of the national assembly following subsequent elections. article 104. internal organization the national assembly approves its by-laws and elects, at the first meeting of each legislature, its president and the other members of its council. the national assembly creates permanent committees specialized by reason of subject matter and may institute contingent committees to occupy themselves with issues to be determined. article 105. sessions the national assembly meets in two ordinary sessions per year, one of which is dedicated specifically to evaluating the report of the activities of the government and to the discussion and voting of the budget of the state for the following fiscal year. the national assembly may meet extraordinarily in the instances prescribed in its by-laws or at the convocation of the president of the republic. article 106. presence of members of the government the members of the government may take part and speak in the plenary sessions of the national assembly, in the terms of the by-laws. article 107. permanent committee the permanent committee of the national assembly functions outside periods of effective functioning of the national assembly, during the period in which it finds itself dissolved and in the remaining instances set forth in the constitution. the permanent committee is presided over by the president of the national assembly and composed of the vice presidents and by deputies prescribed in the by-laws. the permanent committee is charged to: follow the activity of the government and of the administration; exercise the powers of the assembly relative to the mandates of the deputies; promote the convocation of the assembly whenever such be necessary; prepare the opening of the assembly sessions; give assent to the absence of the president of the republic from the national territory. title v. government article 108. duties the government is the executive and administrative organ of the state, with responsibility to conduct the overall policy of the state. article 109. composition the government is composed of the prime minister, of the ministers and of the secretaries of state. the prime minister is the head of government, with responsibility for directing and coordinating its action and ensuring the execution of the laws. article 110. designation the prime minister is appointed by the president of the republic, after consulting with the political parties represented in the national assembly, in view of the election results. the ministers and secretaries of state are nominated by the president of the republic, at the proposal of the prime minister. the appointment as prime minister is open only to citizens of sao tomean origin, the children of a sao tomean father or mother, and who have no other nationality. article 111. competence the government’s powers are: to define and implement political, economic, cultural, scientific, social, defense and security activities and foreign relations, as recorded in its program; to prepare the development plans and the general state budget and to ensure their correct execution; to legislate, by means of decree-laws, decrees and other regulatory acts, in matters to do with its own organization and functioning; to enact decree-laws in areas reserved for the national assembly, with the latter’s authorization; to negotiate and enter into international agreements and conventions; to exercise legislative initiative before the national assembly; to run the state administration, coordinating and monitoring the activities of ministers and other central government bodies; to make proposals for appointment of the attorney-general of the republic; to appoint those who are to hold high civil and military positions in the state; to propose to the national assembly the involvement of sao tomean armed forces in peace operations in foreign territory or when foreign armed forces are present in national territory; to propose to the president of the republic that matters of significant national interest subjected to a referendum, in accordance with the provisions of article 71; to exercise administrative supervision over the autonomous region of príncipe and on local authorities in accordance with the law; to appoint and dismiss the president of the regional government and the regional secretaries; to dissolve the regional and district assemblies, observing the principles defined by law. article 112. the council of ministers the council of ministers comprises the prime minister and the ministers. the secretaries of state may be required to attend meetings of the council of ministers. the duties of the government contemplated in subparagraphs a), c), d), f), h), i), j), k), m) and n) of the preceding article are exercised in the council of ministers. there may be a council of ministers specializing in a given subject. article 113. political responsibility the government is politically responsible before the president of the republic and the national assembly. article 114. responsibility of the members of government the prime minister is accountable to the president of the republic and, in the context of the government’s political responsibility, to the national assembly. the ministers and secretaries of state are accountable to the prime minister and, in the context of the government’s political responsibility, to the national assembly. article 115. criminal liability of members of the government a member of government who is definitively charged with a crime committed in the exercise of his duties punishable by a prison sentence of over two years is suspended so that the proceedings can take their course. in the event of a definitive charge for a crime punishable by a prison sentence of up to two years, the national assembly must decide whether or not the member of government is to be suspended for that same purpose. article 116. consideration of the government’s program the government’s program is subject to consideration by the national assembly by means of a statement by the prime minister, within a maximum of thirty days following its appointment. article 117. dismissal of the government the following will result in dismissal of the government: the beginning of a new legislature; acceptance, by the president of the republic, of a notice of resignation from the prime minister; the death or lasting physical incapacity of the prime minister; rejection of the government’s program; failure to obtain approval in a vote of confidence; approval of a no-confidence motion by an absolute majority of the deputies of the national assembly in office. apart from the cases mentioned in the preceding paragraph, the president of the republic may dismiss the government when this is necessary to ensure the regular functioning of democratic institutions, after consulting the council of state. article 118. managing government if the government is dismissed, it will continue to serve until the appointment and assumption of office by the prime minister of the new constitutional government. before its program is considered by the national assembly, or after its dismissal, the government’s activities will be limited to those actions that are strictly necessary for the ongoing management of public affairs and for ordinary administration. article 119. ministerial solidarity the members of the government are bound to the government’s program and to the deliberations taken in the council of ministers. title vi. the courts article 120. jurisdictional function the courts are sovereign organs with the power to administer justice on behalf of the people. in the administration of justice it is incumbent upon the courts to assure the defense of the legally protected rights and interests of the citizens, to settle public and private conflicts of interest and to repress the violation of the laws. the law may institutionalize non-judicial instruments and ways for settling conflicts. article 121. independence the courts are independent and are subject only to the laws. article 122. decisions of the courts the decisions of the courts are founded upon the cases and in the terms prescribed in the law. the decisions of the courts are obligatory for all public and private entities and prevail over those of any other authorities. article 123. hearing of the courts the hearings of the courts are public except when the court itself decides to the contrary, in well-founded decision, in order to safeguard the dignity of the individuals and of the public moral or to guarantee their normal operation. article 124. participation of the people the law presupposes and stimulates appropriate forms of popular participation in the administration of justice. article 125. judges’ guarantees judges are unremovable and cannot be transferred, suspended, retired or dismissed except unless in situations provided by law. judges cannot be held responsible for their decisions, save for the exceptions prescribed in the law. article 126. category of courts in addition to the constitutional court, there are the following categories of courts: the supreme court of justice and the court of first instance, the regional court and the district courts; the court of auditors; there may also be military and arbitration courts. the law determines the cases and the forms in which the courts contemplated in the preceding paragraphs may be established, organized and function. article 127. supreme court of justice the supreme court of justice is the highest judicial tribunal of the republic and it is responsible for watching over the harmony of jurisprudence. article 128. criminal courts the existence is prohibited of courts meant exclusively for adjudication of certain categories of crimes. excepting themselves from the provisions of the prior number are the military courts, with whom resides the judgment of essentially military crimes defined by law. article 129. oversight of constitutionality in the deeds submitted to judgment, the courts cannot apply norms which infringe upon what is provided in the constitution or in the principles consecrated therein. the question of unconstitutionality may be raised obligingly by the court, by the justice department or by any of the parties. admitted a question of unconstitutionality, the case goes to the constitutional court, which will decide. the decisions taken in the matter of unconstitutionality by the constitutional court shall have general binding force and shall be published in the diário da república. article 130. public prosecutor’s office the public prosecutor’s office oversees the rule of law, represents the public and social interest in the courts and is in charge of the penal system. the public prosecutor’s office is organized as a hierarchical structure under the direction of the attorney-general of the republic. title vii. constitutional court article 131. definition the constitutional court is the court with specific competence for administer justice in matters of a constitutional-law nature. the constitutional court meets whenever there is a matter requiring its judgment. article 132. composition and statutes of judges the constitutional court is composed of five judges, appointed by the national assembly. three of the appointed judges must be chosen from among magistrates, and the others from among jurists. the mandate of the constitutional court judges is for a term of five years. the president of the constitutional court is elected by the respective judges. the constitutional court judges enjoy the guarantees of independence, permanence, impartiality and freedom from liability. the law establishes the immunities and other rules relating to the status of the constitutional court judges. article 133. competence the constitutional court has competence for assessing unconstitutionality and illegality, in accordance with the provisions of articles 144 et sequitur. the constitutional court also has competence for: verifying the death and permanent physical incapacity of the president of the republic, and to verify cases in which he is temporary prevented from exercising his functions; verifying the removal from office of the president of the republic, in the cases contemplated in paragraph 3 of article 85 and paragraph 3 of article 86; pronouncing judgment in the last instance regarding the correctness and validity of actions performed in the election process, in accordance with the law; verifying death and declaring incapacity to perform presidential duties on the part of any candidate for president of the republic, for the purposes of paragraph 2 of article 78; verifying the legality of the setting up of political parties and their associations, assessing the legality of their names, signs and symbols, and ordering their respective disbandment, in accordance with the provisions of the constitution and the law; verifying in advance the constitutionality and legality of national, regional and local referendums, including assessment of the requirements relating to the respective universe of electors; at the request of members of the national assembly , and in accordance with the provisions of law, judging appeals in response to dismissals and elections carried out in the national assembly and in regional and local assemblies; judging actions brought to challenge elections and the deliberations of political parties against which the law permits appeals. it is also the duty of the constitutional court to exercise other functions that are granted to it by the constitution and the law. article 134. organization and operation the law establishes the rules relating to the venue, organization and operation of the constitutional court. title viii. public administration article 135. general principles the public administration seeks the prosecution of the public interest, in the respect for the legally protected rights and interests of the citizens and by the constitutional institutions. the public administration shall be structured so as to avoid bureaucratization, to bring the services to the populations and to ensure the participation of those interested in its effective management. the law establishes the rights and guarantees of those managed, specifically against acts which harm their legally protected rights and interests. title ix. organ of local power article 136. duties the organs of local power constitute the organized expression of the specific interests of the local communities where the sao tomean people dwell. the organs of local power support themselves through the initiative and the creative capacity of the populations and act in close collaboration with the participatory organizations of the citizens. the regional and local authority bodies have finances and assets of their own, in accordance with the law. article 137. autonomous region of príncipe the island of príncipe and the islets that surround it constitute an autonomous region, with political and administrative statutes of their own, taking their specific nature into account. the regional assembly and the regional government are bodies of the autonomous region of príncipe. article 138. local governments the democratic organization of the state comprehends the existence of local governments, such as organs of local power, in accordance with the law of political-administrative division of the country. the local governments are collective territorial persons possessing representative organs which seek the pursuit of the particular interests of the respective populations without losing the participation of the state. article 139. district bodies the organization of local authorities in each district consists of an elected district assembly with deliberative powers and a collegial executive body, called district council. article 140. composition and election of district assemblies the number of members of each district assembly is fixed by the law. the members of the district assemblies are elected by universal, direct and secret ballot of the resident citizens. article 141. mandate the members of the district assemblies are elected for three years and may have their mandate revoked by popular initiative, in the terms of the law. article 142. district council the district council, composed of a chairman and town councilors, is a district collegiate executive body elected from amongst the members of each district assembly. the district council is politically accountable to the district assembly and may be dissolved at any time, in accordance with the law. article 143. competence of the regional and local authority bodies in general terms the regional and local authority bodies have the following duties: to promote the fulfilment of basic needs in their respective communities; to implement development plans; to give impetus to the activities of all companies and other entities that exist in their respective context, with a view to increasing productivity and the economic, social and cultural progress of their people; to present to the political authority bodies of state all the suggestions and initiatives aimed at the harmonious development of the autonomous region and the districts. the specific duties and modus operandi of these bodies are fixed by law. part iv. guarantee and revision of the constitution title i. control of constitutionality article 144. positive unconstitutionality norms that contravene the provisions of the constitution or the principles it enshrines are unconstitutional. the organic or formal unconstitutionality of duly ratified international treaties shall not prevent the application of their rules within the são tomé and principe legal order provided those rules are applied in the legal order of the other party, unless such unconstitutionality would result in the violation of a fundamental provision. article 145. prior review of constitutionality the president may ask the constitutional court to undertake the prior review of the constitutionality of any norm in an international agreement or treaty that has been submitted for ratification, and any law or decree-law that it has been sent for promulgation. the prior review of constitutionality must be requested within eight days from the date of receipt of the such provision. in addition to the president of the republic himself, the prime minister or one fifth of the members of the national assembly in office may ask the constitutional court to carry out a prior review of the constitutionality of any provision of law that has been sent to the president for promulgation as an organic law. on the date that a provision to be promulgated as an organic law is sent to the president of the republic, the president of the national assembly shall inform the prime minister and the parliamentary groups of the national assembly of this. the prior review of the constitutionality referred to in paragraph 3 shall be requested within eight days of the date specified in the preceding paragraph. without prejudice to paragraph 1, the president is not permitted to enact the provisions referred to in paragraph 4 unless eight days have passed since their receipt, or before the constitutional court has pronounced thereon, when this intervention has been requested. the constitutional court must pronounce within a time limit of twenty-five days which, in the case provided for in paragraph 1, may reduce be reduced by the president of the republic on grounds of urgency. article 146. effects of the decision if the constitutional court rules for the unconstitutionality of a norm contained in any act or international agreement, the latter shall be vetoed by the president of the republic and return it to the organ that passed it. in the case referred to in paragraph 1, the provisions of law cannot be enacted unless the body that approved them expunges the norm ruled to be unconstitutional or, as the case may be, confirms the same by a two-thirds of the members present, provided they represent an absolute majority of the members in office. if the provisions of law are reworded, the president of the republic may call for a prior review of the constitutionality of any of its provisions. if the constitutional court rules that the provision of an agreement or treaty are unconstitutional, it may only be ratified if the national assembly approves it by two-thirds of the members present, provided they represent an absolute majority of the members in office. article 147. abstract review of constitutionality and legality the constitutional court may considerer and declare with generally binding force: the unconstitutionality of any norm; the illegality of any norm contained in legislative acts on the grounds of the violation of a law with reinforced value; the illegality of any norms in regional acts as a result of violation of the political administrative statute of the autonomous region of príncipe or of the general legislation of the republic; the illegality of any norm contained in provisions of law issued by bodies with sovereign power, as a result of violation of the law of the autonomous region of príncipe as defined in its statute. the following may ask the constitutional court to declare unconstitutionality or illegality, with generally binding effect: the president of the republic; the president of the national assembly; the prime minister; the attorney-general of the republic; one tenth of the members of the national assembly; the regional legislative assembly and the president of the regional government of príncipe. the constitutional court shall review and then declare, with generally binding effect, the unconstitutionality or illegality of any norm, provided it has found that norm to be unconstitutional or illegal in three specific cases. article 148. unconstitutionality due to omission at the request of the president of the republic, or on the basis of infringement of the rights of the autonomous region of príncipe, and of the president of the regional assembly, the constitutional court shall review and verify non-compliance with the constitution due to omission of the legislative measures necessary for making constitutional norms enforceable. when the constitutional court determines the existence of unconstitutionality due to omission, it shall notify the competent legislative body. article 149. concrete review of constitutionality and legality an appeal may be brought before the constitutional court against the decisions of courts: that refuse the application of any norm on the grounds of its unconstitutionality; that apply a norm whose unconstitutionality has been raised during the proceedings. an appeal may also be brought before the constitutional court against the decisions of courts: that refuse the application of a norm in a legislative act on the grounds of its illegality in violating a reinforced law; that refuse the application of a rule in a regional act on the grounds of its illegality in violating the political-administrative statute of the autonomous region of príncipe or a general law of the republic; that refuse the application of a norm in a provision of law issued by a body with sovereign power on the grounds of its illegality in violating the political-administrative statute of the autonomous region of príncipe; that apply a norm whose illegality has been raised during the proceedings on any of the grounds contemplated in subparagraphs a) , b) and c). when the norm whose application has been refused is contained in an international convention, or in a legislative or regulatory act, the appeals provided for in subparagraph a) of paragraph 1 and paragraph a) of paragraph 2 of this article are mandatory for the justice department. the appeals provided for in subparagraphs b) and d) of paragraph 2 may be brought only by the party that has raised the question of unconstitutionality or illegality, and the law must regulate the procedures for the admission of such appeals. an appeal may also be brought before the constitutional court, which is obligatory for the justice department, against court decisions applying a rule that the constitutional court itself has previously judged to be unconstitutional or illegal. appeals brought before the constitutional court are limited to questions of unconstitutionality or illegality, whichever applies. article 150. effects of the declaration of unconstitutionality or illegality the declaration of unconstitutionality or illegality has a generally binding effect from the entry into force of the rule declared unconstitutional or illegal and causes the revalidation of any norms that the said norm may have revoked. however, in the case of unconstitutionality or illegality due to the infringement of a subsequent constitutional or statutory provision, the declaration takes effect only as of the date on which the latter comes into force. exceptions to this are cases on which judgment has been pronounced, save when the constitutional court decides to the contrary in relation to a norm that concerns criminal, disciplinary or offence-related matter and its content is less favorable for the accused. when required for the purposes of legal certainty, reasons of fairness or an exceptional important public interest, which must be substantiated, the constitutional court may determine the effects of unconstitutionality or illegality in a narrower sense than that provided for in paragraphs 1 and 2. title ii. revision of the constitution article 151. initiative and time for revisions the competence to initiative revisions pertains to members of the national assembly and the parliamentary groups. the national assembly may review the constitution once five years have passed since the date of publication of the latest revision law. independent of any timeframe, the national assembly may assume powers of constitutional revision by a three-fourths majority of deputies in the full exercise of their office. when a draft revision of the constitutional has been proposed, any other proposals must be presented within a time limit of thirty days. article 152. approval and promulgation of amendments amendments to the constitution are approved by a two-thirds majority of members of the national assembly in full exercise of their in office. the constitution shall be published, in its new text, together with the revision law. the president of the republic may not refuse promulgation of the revision law. article 153. new text of the constitution the amendments to the constitution are inserted in their appropriate place by means of substitutions, deletions and the necessary additions. after it has been revised, the new text of the constitution shall be published together with the revision law. article 154. material limits on revision the following may not be the subject of a revision to the constitution: the independence and integrity of the national territory and the unity of the state; the secular status of the state; the republican form of its government; the rights, freedoms and guarantees of the citizens; the right to vote in universal, direct, secret and periodic elections for the appointment of the elected officeholders to bodies with sovereign power and regional and local power; the separation and interdependence of bodies with sovereign power; the autonomy of regional and local power; the independence of the courts; pluralism of expression and political organization, including political parties and the right of democratic opposition. article 155. circumstantial limits on revision during a state of siege or emergency it is not possible to carry out any revision of the constitution. part v. final and transitional provisions article 156. supreme court of justice—accumulation of functions of the constitutional court until the constitutional court is legally established, responsibility for the administration of justice in the area of constitutional-law nature matters shall rest with the supreme court of justice, which will have the following duties: to assess unconstitutionality and illegality, in accordance with article 144 to 150 ; to exercise the duties contemplated in article 133. the decisions of the supreme court of justice, in constitutional-law nature matters, are not open to appeal and are published in the diário da república, which shall have generally binding effect, in abstract and concrete review processes, when judgment is pronounced on unconstitutionality. article 157. the supreme court of justice—composition until the constitutional court start functioning as long as it exercises the functions of the constitutional court, the supreme court of justice shall be made up of five judges appointed for a term of four years, in accordance with the provisions of the following paragraphs, namely: three judges from the supreme court of justice; one judge appointed by the president of the republic, from among magistrates or eligible jurists; one judge elected by the national assembly from among the eligible jurists, by means of a two-thirds vote of the members present, provided their number exceeds the absolute majority of members actually in office. only nationals of well-established merit who are law graduates and have the full enjoyment of civil and political rights at the date of appointment, under the terms of this article, and who have engaged in professional judicial activities, or in any other legal activity, for at least 5 years, and who fulfil the other legal requirements, may be appointed as the supreme court judges. article 158. legislation in force on the date of national independence legislation in force on the date of national independence remains transitorily in effect in all that may not be contrary to the present constitution and to the remaining laws of the republic. article 159. date of the constitution the constitution of the democratic republic of são tomé and príncipe has 5 november 1975 as the date on which it was approved in a joint meeting of the political bureau of the mlstp and the assembly in the process of being set up, published in the diário da república, no. 39 of 15 december 1975. the first text of the constitutional law, no. 1/80, published in the diário da república no. 7, of 7 february—first constitutional revision. the second text of the constitutional law, no. 2/82, published in the diário da república no. 35, of 31 december 1982—second constitutional revision. the law on amendment of the constitution, no. 1/87, of 31 december—published on the fourth supplement to the diário da república no. 13, of 31 december 1987.—third constitutional revision. third text of the constitutional law no. 7/90, published in the diário da república no. 13 of 20 september 1990—fourth constitutional revision. fourth text of the constitutional law no. 1/2003, published in the diário da república no. 2, of 29 january 2003—fifth constitutional revision. article 160. coming into force this constitution comes into force on the thirtieth day following its publication in the diário da república, except for what is provided in the following. the provisions found in articles 80, 81 and 82 shall come into force on the date on which the next elected president of the republic takes office. until the date on which the articles contemplated in the preceding paragraph come into effect, with regard to the duties of the president of the republic, those articles shall be replaced by a single article 80 which will read as follows: "art. 80 (competence) the president of the republic has the following duties: a) to defend the constitution of the republic; b) to direct the country’s foreign policy and to represent the state in its international relations; c) to direct the defense and security policy; d) in observance of the electoral law, to set the date for elections of the president of the republic, of the national assembly and of the assemblies with regional and local power; e) to convene extraordinary meetings of the national assembly whenever there are compelling reasons of public interest to do so; f) to send messages to the national assembly; g) to appoint, empower and dismiss the prime minister; h) to appoint, dismiss and empower the other members of government, on the proposal of the prime minister, and to invest them; i) to preside over the council of ministers whenever he decides to do so; j) to appoint and dismiss the attorney-general of the republic on the proposal of the government; k) to appoint and dismiss ambassadors; l) to accredit foreign ambassadors; m) to promulgate laws, decree-laws and decrees; n) to grant pardons and commute sentences; o) to dissolve the national assembly, observing the provisions of article 103, and after consulting with the political parties having seats in the national assembly; p) to declare a state of siege and emergency; q) to declare war and make peace; r) to award state honors; s) to exercise the other duties conferred on him by law." preamble in the name of god, the merciful and the compassionate. the continuous attachment of the arab palestinian people to the land of their fathers and forefathers, on which this people has historically lived, is a fact that has been expressed in the declaration of independence, issued by the palestine national council. the strength of this attachment is confirmed by its consistency over time and place, by keeping faith with and holding onto national identity, and in the realization of wondrous accomplishments of struggle. the organic relationship between the palestinian people, their history and their land has confirmed itself in their unceasing effort to prompt the world to recognize the rights of the arab palestinian people and their national entity, on equal footing with other nations. the birth of the palestinian national authority in the national homeland of palestine, the land of their forefathers, comes within the context of continuous and vigorous struggle, during which the palestinian people witnessed thousands of their precious children sacrificed as martyrs, injured persons and prisoners of war, all in order to achieve their people’s clear national rights, the foremost of which are the right of return, the right to self-determination and the right to establish an independent palestinian state, with jerusalem as a capital, under the leadership of the palestine liberation organization, the sole, legitimate representative of the arab palestinian people wherever they exist. within the framework of the interim period, resulting in the declaration of principles agreement, the establishment of the palestinian national authority with its three pillars the legislative, executive and judicial branches became among the most urgent of national missions. the establishment of the palestinian legislative council, through free and direct general elections, made the adoption of a basic law suitable for the interim period a necessary foundation upon which to organize the mutual relationship between the government and the people. it is a first step on the way to determining the distinguishing characteristics of a civil society capable of achieving its independence. at the same time, it is a basic foundation upon which to enact unifying legislation and law for the palestinian national homeland. this basic law has established a firm foundation, representing the collective conscience of our people, including its spiritual components, its national faith and its nationalist loyalty. the titles of the basic law include a group of modern constitutional rules and principles that address public and personal rights and liberties in a manner that achieves justice and equality for all, without discrimination. further, they ensure the rule of law, strike a balance between the executive, legislative and judicial branches, and draw lines between their respective jurisdictions in a manner that ensures independence to each of them while coordinating their roles to achieve a high national interest that will serve as a guide to all. the enactment of this temporary basic law for a transitional and interim period constitutes a fundamental step towards the realization of the firm national and historical rights of the arab palestinian people. it shall not in any way whatsoever abrogate or cancel their right to continue to strive to achieve their rights of return and self-determination, including the establishment of a palestinian state with jerusalem (al-quds al-sharif) as its capital, which is the first shrine and the third mosque, to which the prophet muhammad, may peace be upon him, traveled by night, in the land of the nativity of jesus, may peace be upon him. the provisional character of the basic law shall not abrogate the right of any palestinian, wherever residing, to exercise equal rights with his/her fellow citizens on the soil of the homeland. this temporary basic law draws its strength from the will of the palestinian people, their firm rights, their continuous struggle and the exercise of their democratic right as represented in the election of the president of the palestinian national authority and the members of the palestinian legislative council to commence the organization and establishment of a sound, democratic and legislative life in palestine. at the same time, the enactment and ratification of this law by the legislative council does spring from the fact that the palestine liberation organization is the sole and legitimate representative of the arab palestinian people. title one article 1 palestine is part of the larger arab world, and the palestinian people are part of the arab nation. arab unity is an objective that the palestinian people shall work to achieve. article 2 the people are the source of power, which shall be exercised through the legislative, executive and judicial authorities, based upon the principle of separation of powers and in the manner set forth in this basic law. article 3 jerusalem is the capital of palestine. article 4 islam is the official religion in palestine. respect for the sanctity of all other divine religions shall be maintained. the principles of islamic shari’a shall be a principal source of legislation. arabic shall be the official language. article 5 the governing system in palestine shall be a democratic parliamentary system, based upon political and party pluralism. the president of the national authority shall be directly elected by the people. the government shall be accountable to the president and to the palestinian legislative council. article 6 the principle of the rule of law shall be the basis of government in palestine. all governmental powers, agencies, institutions and individuals shall be subject to the law. article 7 palestinian citizenship shall be regulated by law. article 8 the flag of palestine shall be of four colors and in accordance with the dimensions and measurements approved by the palestine liberation organization. it shall be the official flag of the country. title two. public rights and liberties article 9 palestinians shall be equal before the law and the judiciary, without distinction based upon race, sex, color, religion, political views or disability. article 10 basic human rights and liberties shall be protected and respected. the palestinian national authority shall work without delay to become a party to regional and international declarations and covenants that protect human rights. article 11 personal freedom is a natural right, shall be guaranteed and may not be violated. it is unlawful to arrest, search, imprison, restrict the freedom, or prevent the movement of any person, except by judicial order in accordance with the provisions of the law. the law shall specify the period of prearrest detention. imprisonment or detention shall only be permitted in places that are subject to laws related to the organization of prisons. article 12 every arrested or detained person shall be informed of the reason for their arrest or detention. they shall be promptly informed, in a language they understand, of the nature of the charges brought against them. they shall have the right to contact a lawyer and to be tried before a court without delay. article 13 no person shall be subject to any duress or torture. indictees and all persons deprived of their freedom shall receive proper treatment. all statements or confessions obtained through violation of the provisions contained in paragraph 1 of this article shall be considered null and void. article 14 an accused person is considered innocent until proven guilty in a court of law that guarantees the accused the right to a defense. any person accused in a criminal case shall be represented by a lawyer. article 15 punishment shall be personal. collective punishment is prohibited. crime and punishment shall only be determined by the law. punishment shall be imposed only by judicial order and shall apply only to actions committed after the entry into force of the law. article 16 it is unlawful to conduct any medical or scientific experiment on any person without prior legal consent. no person shall be subject to medical examination, treatment or surgery, except in accordance with the law. transplantation of human organs and new scientific developments shall be regulated by the law in order to serve legitimate humanitarian purposes. article 17 homes shall be inviolable; they may not be subject to surveillance, broken into or searched, except in accordance with a valid judicial order and in accordance with the provisions of the law. any consequences resulting from violations of this article shall be considered invalid. individuals who suffer from such violation shall be entitled to a fair remedy, guaranteed by the palestinian national authority. article 18 freedom of belief, worship and the performance of religious functions are guaranteed, provided public order or public morals are not violated. article 19 freedom of opinion may not be prejudiced. every person shall have the right to express his opinion and to circulate it orally, in writing or in any form of expression or art, with due consideration to the provisions of the law. article 20 freedom of residence and movement shall be guaranteed within the limits of the law. article 21 the economic system in palestine shall be based on the principles of a free market economy. the executive branch may establish public companies that shall be regulated by a law. freedom of economic activity is guaranteed. the law shall define the rules governing its supervision and their limits. private property, both real estate and movable assets, shall be protected and may not be expropriated except in the public interest and for fair compensation in accordance with the law or pursuant to a judicial ruling. confiscation shall be in accordance with a judicial ruling. article 22 social, health, disability and retirement insurance shall be regulated by law. maintaining the welfare of families of martyrs, prisoners of war, the injured and the disabled is a duty that shall be regulated by law. the national authority shall guarantee these persons education, health and social insurance. article 23 every citizen shall have the right to proper housing. the palestinian national authority shall secure housing for those who are without shelter. article 24 every citizen shall have the right to education. it shall be compulsory until at least the end of the basic level. education shall be free in public schools and institutions. the national authority shall supervise all levels of education and its institutions, and shall strive to upgrade the educational system. the law shall guarantee the independence of universities, institutes of higher education, and scientific research centers in a manner that guarantees the freedom of scientific research as well as literary, artistic and cultural creativity. the national authority shall encourage and support such creativity. private schools and educational institutions shall comply with the curriculum approved by the national authority and shall be subject to its supervision. article 25 every citizen shall have the right to work, which is a duty and honor. the palestinian national authority shall strive to provide work for any individual capable of performing it. work relations shall be organized in a manner that guarantees justice to all and provides workers with welfare, security, and health and social benefits. organization of unions is a right that shall be regulated by the law. the right to conduct a strike shall be exercised within the limits of the law. article 26 palestinians shall have the right to participate in political life, both individually and in groups. they shall have the following rights in particular: to form, establish and join political parties in accordance with the law. to form and establish unions, associations, societies, clubs and popular institutions in accordance with the law. to vote, to nominate candidates and to run as candidates for election, in order to have representatives elected through universal suffrage in accordance with the law. to hold public office and positions, in accordance with the principle of equal opportunities. to conduct private meetings without the presence of police members, and to conduct public meetings, gatherings and processions, within the limits of the law. article 27 establishment of newspapers and all media means is a right for all, guaranteed by this basic law. their financing resources shall be subject to the scrutiny of the law. freedom of audio, visual, and written media, as well as freedom to print, publish, distribute and transmit, together with the freedom of individuals working in this field, shall be guaranteed by this basic law and other related laws. censorship of the media shall be prohibited. no warning, suspension, confiscation, cancellation or restriction shall be imposed upon the media except by law, and pursuant to a judicial ruling. article 28 no palestinian may be deported from the homeland, prevented or prohibited from returning to or leaving it, deprived of his citizenship, or handed over to any foreign entity. article 29 maternal and childhood welfare are national duties. children shall have the right to: comprehensive protection and welfare. not to be exploited for any purpose whatsoever, and not to be permitted to perform work that might damage their safety, health or education. protection from harmful and cruel treatment. not to be subjected to beating or cruel treatment by their relatives. to be segregated in cases where they are sentenced to a penalty that deprives them of their freedom from adults, and be treated in a manner that is appropriate to their age and aims at their rehabilitation. article 30 submitting a case to court is a protected and guaranteed right for all people. each palestinian shall have the right to seek redress in the judicial system. litigation procedures shall be organized by law to guarantee prompt settlement of cases. laws may not contain any provisions that provide immunity to any administrative decision or action or against judicial review. judicial error shall result in a remedy by the national authority. conditions and methods of such remedy shall be regulated by law. article 31 an independent commission for human rights shall be established pursuant to a law that will specify its formation, duties and jurisdiction. the commission shall submit its reports to the president of the national authority and to the palestinian legislative council. article 32 any violation of any personal freedom, of the sanctity of the private life of human beings, or of any of the rights or liberties that have been guaranteed by law or by this basic law shall be considered a crime. criminal and civil cases resulting from such violations may not be subject to any statute of limitations. the national authority shall guarantee a fair remedy to those who suffer from such damage. article 33 the enjoyment of a balanced and clean environment is a human right. the preservation and protection of the palestinian environment from pollution for the sake of present and future generations is a national duty. title three. the president of the palestinian national authority article 34 the president of the palestinian national authority shall be elected in a general and direct election by the palestinian people, in accordance with the palestinian election law. article 35 before assuming office, the president shall take the following oath before the legislative council and in the presence of the speaker of the palestinian national council and the president of the high court: “i swear by god, the almighty, to be faithful to the homeland and to its sacred places, to the people and its national heritage, to respect the constitutional system and the law, and to safeguard the interests of the palestinian people completely, as god is my witness.” article 36 the term of the presidency of the national authority shall be four years. the president shall have the right to nominate himself for a second term of presidency, provided that he shall not occupy the position of the presidency more than two consecutive terms. article 37 the office of the president shall be considered vacant in any of the following cases: death; resignation submitted to the palestinian legislative council, if accepted by two-thirds of its members; loss of legal capacity, as per a ruling issued by the high constitutional court and subsequently approved by a majority of two-thirds of the members of the legislative council. if the office of the president of the national authority becomes vacant due to any of the above cases, the speaker of the palestinian legislative council shall temporarily assume the powers and duties of the presidency of the national authority for a period not to exceed sixty (60) days, during which free and direct elections to elect a new president shall take place in accordance with the palestinian election law. article 38 the president of the national authority shall exercise his executive duties as specified in this law. article 39 the president of the national authority is the commander-in-chief of the palestinian forces. article 40 the president of the national authority shall appoint and terminate the services of the national authority’s delegates to foreign countries, international organizations and foreign agencies. the president shall accept the credentials of foreign delegates to the palestinian national authority. article 41 the president of the national authority shall promulgate the laws voted by the palestinian legislative council within thirty (30) days of their transmittal to him. the president may refer a law back to the legislative council with his observations and the reasons of his objection within the same period. otherwise, the law will be deemed promulgated and will be published in theofficial gazette. if the president of the national authority returns the proposed law to the legislative council in conformity with the time limit and conditions specified in the previous paragraph, the council shall debate the law again. if the council passes the law a second time by a majority of two-thirds of its members, the proposed law shall be considered approved and shall be immediately published in theofficial gazette. article 42 the president of the national authority has the right to grant special pardons or to commute sentences. however, general amnesties or amnesties for crimes may not be granted except by law. article 43 the president of the national authority shall have the right, in cases of necessity that cannot be delayed, and when the legislative council is not in session, to issue decrees that have the power of law. these decrees shall be presented to the legislative council in the first session convened after their issuance; otherwise they will cease to have the power of law. if these decrees are presented to the legislative council, as mentioned above, but are not approved by the latter, then they shall cease to have the power of law. article 44 the president’s salary, allowances and remuneration shall be determined by law. article 45 the president of the national authority shall appoint the prime minister and authorize the latter to constitute his government. the president shall have the right to dismiss the prime minister or to accept his resignation and to request him to convene the council of ministers. article 46 the council of ministers shall assist the president in the performance of the president’s duties and exercise of powers, in the manner stipulated in this basic law. title four. the legislative authority article 47 the palestinian legislative council is the elected legislative authority. the legislative council shall assume its legislative and oversight duties as prescribed in its standing orders, insofar as they do not contradict the provisions of this law. the term of the legislative council shall be four years from the date of its being elected and the elections shall be conducted once each four years in a regular manner. article 47bis the term of the current legislative council shall terminate when the members of the new elected council take the constitutional oath. article 48 the members of the legislative council shall be elected in general, free and direct elections in accordance with the provisions of the elections law, which shall determine the number of members, electoral constituencies and electoral system. in the event the position of a member of more than a member of the legislative council becomes vacant, the vacancy shall be occupied in accordance with the provisions of the elections law. article 49 before commencing work, every member shall take the following oath before the council: “i swear by god, the almighty, to be faithful to the homeland, to preserve the rights and interests of the people and the nation, to respect the law, and to perform my duties in the best manner, as god is my witness.” article 50 in its first meeting, the council shall elect a speaker, two deputies to the speaker, and a secretary-general. together, they shall make up the office of the legislative council. it shall not be permitted to be a member of the office and hold at the same time the position of president of the national authority, or minister, or any other governmental position. article 51 the council shall accept the resignation of its members and establish its own standing orders, as well as procedures for questioning its members, in a manner that does not contradict the provisions of this basic law or general constitutional principles. the council shall be solely responsible for maintaining order and security during sessions and committee meetings. security personnel may not be present in the council premises unless requested by the speaker or by a committee chair, as the circumstances may require. article 52 the president of the palestinian national authority shall open the first ordinary session of the council and deliver an opening address. article 53 council members may not be questioned in civil or criminal proceedings due to opinions they express, facts they mention, their voting in council sessions or committee meetings, or because of any action they undertake outside the council in the course of performing their parliamentary duties. no member shall be interfered with in any manner, nor shall any search be made of a member’s luggage, home, place of residence, car, office, or any real estate or movable property belonging to the member, throughout the period of immunity. no member of the legislative council shall be required during the period of membership, or subsequently, to testify on any subject regarding council-related actions, statements or information obtained as a result of membership in the council, unless the member voluntarily agrees to do so and has the prior consent of the council. no penal measures shall be taken against any member of the legislative council unless a member is found red-handed in the commission of a crime. the council shall be notified immediately about measures taken against a member so that the council may decide upon its proper course of action in the matter. the office of the council shall assume this responsibility if the council is not in session. a member of the legislative council shall not relinquish parliamentary immunity without the prior permission of the council. immunity shall not lapse after membership in the council ceases but shall be subject to the limits prevailing during the membership period. article 54 a member of the legislative council may not exploit council membership in any type of private business or in any manner whatsoever. members of the legislative council shall present financial statements for themselves, their spouse and their minor children that detail their wealth, including real estate and movable property both inside palestine and abroad, as well as debts. these statements shall be kept in sealed confidential envelopes at the high court of justice and may not be accessed unless permitted by the court and within the limits it allows. article 55 allocations, rights and obligations of the members of the legislative council and ministers shall be determined by law. article 56 each member of the council shall have the following rights: to submit to the executive branch all legitimate requests necessary to enable the member to carry out parliamentary functions. to propose laws. rejected proposals may not be resubmitted within the same term. to address inquiries and interpellations to the government, to any minister or to others of similar rank. interpellations may only be discussed seven days after submission, unless the addressee agrees to reply immediately or within a shorter period. however, the seven-day period can be shortened to three days in urgent cases and with the approval of the president of the national authority. article 57 following an interpellation, a minimum of ten members of the council may submit a request to withdraw confidence from the government or from any minister. voting on such a request may not be held earlier than three days after submission. a decision may be issued by approval of the majority of the council’s members. withdrawal of confidence shall result in termination of the term of the party from whom confidence was withdrawn. article 58 the council may form special committees or entrust one of its committees to conduct information gathering and fact-finding regarding any public matter or regarding any public institution. article 59 the legislative council shall approve the general development plan. the law shall specify the way to prepare and present the plan to the council. article 60 the law shall regulate the specific rules governing the preparation and approval of the general budget and disbursement of funds appropriated in it, as well as any attached budgets, developmental budgets, budgets for public institutions and services, and budgets for any project in which the government’s investment comprises at least 50% of its capital. article 61 taking into consideration the provisions of article 90 of this basic law: the government shall present the draft budget to the legislative council at least two months prior to the start of the fiscal year. the legislative council shall convene a special session to discuss the annual draft budget. it shall either ratify it with the necessary amendments prior to the start of the new fiscal year or send it back to the government, within a period not exceeding one month from the date of receipt. the returned draft budget shall include the council’s observations so that its requirements can be fulfilled and the draft budget resubmitted to the legislative council for approval. the council’s voting on the general budget shall be title by title. transfer of funds between the various budget titles is not permitted unless it is agreed upon between the legislative council and the executive branch. article 62 the final accounts of the national authority’s budget shall be presented to the legislative council no later than one year after the end of the fiscal year. the council shall vote on the final accounts title by title. title five. the executive authority article 63 the council of ministers (the “government”) is the highest executive and administrative instrument; it shoulders the responsibility for implementing the program that has been approved by the legislative branch. except for the executive powers of the president of the national authority, as specified in this basic law, executive and administrative powers shall be within the competence of the council of ministers. article 64 the council of ministers shall comprise a prime minister and a number of ministers, not to exceed twenty-four (24) in number. the appointment shall identify to which ministry each minister shall be assigned. formation of the government article 65 once appointed by the president of the palestinian national authority, the prime minister shall form a government within three weeks of the date of appointment. there shall be a right to an extension of a maximum of two weeks. if the prime minister fails to form a government within the stated deadline or does not obtain the confidence of the legislative council, then the president of the national authority shall appoint another prime minister within two weeks of the passing of the deadline or the date of the confidence session, whichever applies. provisions contained in the above paragraph 1 shall apply to the new prime minister. confidence in the government article 66 once the prime minister selects the members of the government, the prime minister shall submit a request to the legislative council to hold a special session for a vote of confidence. the vote of confidence shall take place after hearing and discussing the written ministerial declaration which specifies the program and policy of the government. the session shall be held no later than one week from the date of submission of the request. the vote of confidence shall be cast for the prime minister and the members of the government together, unless the absolute majority of the members of the legislative council decides otherwise. confidence shall be granted to the government if it obtains the affirmative vote of the absolute majority of the members of the palestinian legislative council. article 67 after obtaining the vote of confidence and before assuming their offices, the prime minister and members of the government shall take the constitutional oath, stipulated in article 35 of this basic law, before the president of the national authority. powers of the prime minister article 68 the prime minister shall exercise the following powers: to form or modify the composition of the council of ministers, to dismiss or accept the resignation of any of its members, or to fill a vacant position. to convene the council of ministers for weekly meetings, or when necessary, or upon a request from the president of the national authority, as well as to set its agenda. to preside over sessions of the council of ministers. to manage the affairs of the council of ministers. to oversee the work of the ministers and public institutions dependent on the government. to issue necessary decisions within the prime minister’s competence in accordance with the law. to sign and issue regulations approved by the council of ministers. the prime minister shall appoint a minister to serve as deputy and to assume the duties of the prime minister, if the prime minister is absent. powers of the council of ministers article 69 the council of ministers shall exercise the following powers: to devise general policies within the limits of its jurisdiction and in light of the ministerial program approved by the legislative council. to implement general policies adopted by the relevant palestinian authorities. to prepare the general budget for presentation to the legislative council. to prepare the administrative apparatus, set its structure and provide it with all necessary means, as well as to supervise it and follow up on it. to follow up on the implementation of laws and to ensure compliance with their provisions, taking necessary actions in this regard. to supervise the performance of the ministries and all other components of the administrative apparatus in respect of their duties and functions, as well as to coordinate between them. to be responsible for maintaining public order and internal security. to discuss with various governmental bodies relevant to paragraphs 6 and 7 above their proposals and policies with regard to implementation of their respective responsibilities. to establish or dissolve agencies, institutions, authorities and similar administrative units belonging to the executive apparatus of the government, provided that each shall be regulated by law. to appoint heads of institutions and agencies mentioned above in subparagraph (a), and to supervise them in accordance with the provisions of the law. to specify the respective areas of responsibilities of all ministries, agencies and institutions, that report to the executive branch, and others of similar status. to assume any other responsibility assigned to it, in accordance with the provisions of the law. article 70 the council of ministers shall have the right to transmit draft laws to the legislative council, to issue regulations and to take necessary actions to implement laws. article 71 each minister shall exercise the following powers and functions within their respective ministry: to propose the general policy for the ministry and to supervise its implementation after approval. to supervise the conduct of affairs in the ministry and to issue necessary instructions therefore. to implement the general budget within the funds allocated for the ministry. to propose bills and legislation related to the ministry and to present them to the council of ministers. a minister may delegate certain powers to a deputy minister or to other senior officers in the ministry, within limits set by the law. article 72 each minister shall submit detailed reports to the council of ministers on the activities, policies, plans and achievements of their respective ministry in comparison with the objectives specified for the ministry within the framework of the general plan, including the ministry’s proposals and recommendations concerning its future policies. these reports shall be submitted regularly every three months, so that the council of ministers remains well informed and has sufficient information about the activities and policies of each ministry. meetings of the council of ministers article 73 upon invitation of the prime minister, the council of ministers shall meet periodically every week, or whenever necessary. persons other than ministers may not attend these meetings, unless there is a prior invitation from the prime minister. the meetings of the council of ministers shall be documented. accountability of the prime minister and ministers article 74 the prime minister is accountable to the president of the national authority for his actions and the actions of his government. ministers are accountable to the prime minister, each within the limits of their jurisdiction and for the actions of their respective ministry. the prime minister and members of the government are jointly and individually accountable to the legislative council. article 75 the president of the national authority shall have the right to refer the prime minister for investigation as a result of crimes attributed to the prime minister during, or due to, the performance of official duties, in accordance with the provisions of law. the prime minister shall have the right to refer any minister for investigation based on any of the reasons mentioned in the above paragraph 1, in accordance with the provisions of law. article 76 any accused minister shall be suspended from the performance of official duties immediately upon the issuance of an indictment. the termination of service shall not prevent continuing the investigation or follow-up procedures. the attorney general, or a representative from the public prosecution, shall undertake the investigation and indictment procedures. if a trial ensues, it shall be conducted before an appropriate tribunal and shall follow the provisions and procedures prescribed in the penal code and in the law of criminal procedure. the above provisions shall apply to deputy ministers, assistant ministers and others of similar rank. vote of no confidence article 77 a minimum of ten members of the legislative council may submit a request to the speaker to hold a special session to withdraw confidence from the government or from any minister after an investigation. the date of the first session shall be specified three days after the date of submitting the request. the session shall not be held later than two weeks after the date of the request. article 78 a vote of no confidence in the prime minister and the government shall require an absolute majority of the members of the palestinian legislative council. a vote of no confidence in the prime minister and the government shall result in the termination of their term. upon the completion of the term of the prime minister and the government, they will temporarily exercise their powers in the capacity of a caretaker government, during which they may make decisions only insofar as they are necessary for the conduct of executive affairs until a new government is formed. article 79 in case the legislative council, by an absolute majority, casts a vote of no confidence in the prime minister, or in the prime minister and the members of the government collectively, the president of the national authority shall present a new prime minister who will take over from the former within a period not to exceed two weeks from the date of the vote of no confidence. the new prime minister shall be subject to the provisions of this title. in case the legislative council casts a vote of no confidence in one or more members of the government, the prime minister shall present the new member or members to the following session, provided that it takes place within two weeks of the date of the no confidence vote. 3 any addition or change that affects a portfolio, a minister, or more than a minister shall be considered a ministerial reshuffle, so long as it affects less than one-third of the members of the council of ministers. upon a ministerial reshuffle, the addition of a minister, or the filling of a vacancy, for any reason, the new minister or ministers shall be presented at the very next session of the legislative council, which shall occur no later than two weeks from the date of the reshuffle or the occurrence of the vacancy, for a vote of confidence in accordance with the provisions of this article. neither the prime minister nor any of the ministers shall assume their duties until they have obtained the confidence of the legislative council. financial liability of members of council of ministers article 80 the prime minister and each minister shall submit a financial statement for themselves, their spouse and their minor children that details what they own in real estate, movable property, stocks, bonds, cash money and debts, whether inside palestine or abroad, to the president of the national authority, who shall make the necessary arrangements to maintain their secrecy. such information shall remain confidential and may not be accessed unless permitted by the high court when necessary. neither the prime minister nor any minister may purchase or lease any property belonging to the state or to any public entity, or have a financial interest in any contract concluded with any governmental or administrative body, nor may they, during their terms of office, be board members in any company, or practice commerce or any other profession, or receive a salary or any other financial reward or remuneration from any person in any capacity whatsoever, other than the single salary determined for ministers and the relevant allowances. remuneration and allowances of prime minister and ministers article 81 remuneration and allowances for the prime minister, ministers and others of similar rank shall be determined by the law. article 82 the appointed prime minister and all ministers shall be palestinians who enjoy full civil and political rights. article 83 the government shall be considered dissolved and shall be reformed in accordance with the provisions of this title in the following cases: upon the commencement of a new term of the legislative council. after a vote of no confidence in the prime minister, in the prime minister and the government, or in one-third or more of the total number of ministers. upon any addition, change, vacancy, or dismissal that involves at least one-third of the council of ministers. upon the death of the prime minister. upon the resignation of the prime minister, or the resignation of one-third or more of the members of government. upon the dismissal of the prime minister by the president of the national authority. security forces and police article 84 the security forces and the police are regular forces. they are the armed forces in the country. their functions are limited to defending the country, serving the people, protecting society and maintaining public order, security and public morals. they shall perform their duties within the limits prescribed by law, with complete respect for rights and freedoms. the law shall regulate the security forces and the police. local administration article 85 the law shall organize the country into local administrative units, which shall enjoy juridical personality. each unit shall have a council elected directly, as prescribed by law. the law shall specify the areas of responsibility of the local administrative units, their financial resources, their relations with the central authority and their role in the preparation and implementation of development plans. the law shall specify the aspects of oversight over these units and their various activities. demographic, geographic, economic and political parameters shall be taken into consideration at the time of defining the administrative divisions so as to preserve the territorial unity of the homeland and the interests of the communities therein. public administration article 86 the appointment of all public officials and governmental staff, and the conditions of their employment, shall be in accordance with the law. article 87 the law shall regulate all affairs related to civil service. the civil service department shall, in coordination with the relevant governmental bodies, upgrade and develop public administration. its advice shall be sought upon drafting laws and regulations that deal with public administration and civil servants. public finance article 88 public taxes and duties shall be imposed, amended and repealed only by law. no one may be totally or partially exempted, except in circumstances prescribed by law. article 89 the law shall state the provisions concerning the collection of public funds and the procedures for spending therefrom. article 90 the law shall specify the beginning and the end of the fiscal year, and shall regulate the public budget. if the public budget is not approved by the beginning of the new fiscal year, expenditures shall continue on the basis of a monthly allocation of one-twelfth (1/12) of the previous fiscal year’s budget, for each month. article 91 all revenues received including taxes, duties, loans, grants and profits accruing to the palestinian national authority from managing its property or activities shall be paid to the public treasury. no part of the public treasury funds may be allocated or spent for any purpose whatsoever except in accordance with the law. in accordance with the provisions of law, the palestinian national authority may form a strategic financial reserve, to encounter fluctuations and emergency situations. article 92 public borrowing shall be concluded by law. it is not permitted to commit to a project which would require spending funds from the public treasury at a later stage unless approved by the legislative council. article 93 the law shall regulate the monetary authority, banks, the securities market, foreign exchange and insurance companies and all financial and credit institutions. the governor of the monetary authority shall be appointed per a decision issued by the president of the national authority and endorsed by the palestinian legislative council. article 94 the law shall specify rules and procedures for granting privileges or imposing obligations related to the utilization of natural resources and public facilities. the law shall also detail the ways and means of dealing with real estate owned by the state and other public legal personalities, and the rules and procedures regulating them. article 95 the law shall specify the rules for granting wages, remuneration, pensions, subsidies and allowances incurring to the state’s treasury. the law shall also specify the bodies that will be responsible for their implementation. no exceptional funds shall be spent except within limits specified legally. article 96 a financial and administrative auditing bureau shall be established by law to provide financial and administrative oversight to all apparatus and bodies of the national authority, which shall include monitoring the collection of public revenues and spending therefrom, within the limits of the budget. the bureau shall submit to the president of the national authority and to the legislative council a report annually, or upon request, about its work and observations. the chief of the financial and administrative auditing bureau shall be appointed pursuant to a decision issued by the president of the national authority and endorsed by the palestinian legislative council. title six. the judicial authority article 97 the judicial authority shall be independent and shall be exercised by the courts at different types and levels. the law shall determine the way they are constituted and their jurisdiction. they shall issue their rulings in accordance with the law. judicial rulings shall be announced and executed in the name of the palestinian arab people. article 98 judges shall be independent and shall not be subject to any authority other than the authority of the law while exercising their duties. no other authority may interfere in the judiciary or in judicial affairs. article 99 appointment, transfer, secondment, delegation, promotion and questioning of judges shall be as prescribed in the judicial authority law. judges may not be dismissed except in cases that are allowed in the judicial authority law. article 100 a high judicial council shall be created. the law shall specify the way it is constituted, its responsibilities and its operating rules. the high judicial council shall be consulted about draft laws relating to the judicial authority, including the public prosecution. article 101 matters governed by shari’a law and matters of personal status, shall come under the jurisdiction of shari’a and religious courts, in accordance with the law. military courts shall be established by special laws. such courts may not have any jurisdiction beyond military affairs. article 102 administrative courts may be established by law, to consider administrative disputes and disciplinary claims. any other jurisdiction of such courts, and procedures to be followed before them, shall be specified by the law. article 103 a high constitutional court shall be established by law to consider: the constitutionality of laws, regulations, and other enacted rules. the interpretation of the basic law and legislation. settlement of jurisdictional disputes which might arise between judicial entities and administrative entities having judicial jurisdiction. the law shall specify the manner in which the high constitutional court is formed and structured, the operating procedures it will follow and the effects resulting from its rulings. article 104 the high court shall temporarily assume all duties assigned to administrative courts and to the high constitutional court, unless they fall within the jurisdiction of other judicial entities, in accordance with applicable laws. article 105 court hearings shall be public, unless a court decides to make themin camera due to considerations related to public order or public morals. in all cases, the sentence shall be pronounced in a public hearing. article 106 judicial rulings shall be implemented. refraining from or obstructing the implementation of a judicial ruling in any manner whatsoever shall be considered a crime carrying a penalty of imprisonment or dismissal from position if the accused individual is a public official or assigned to public service. the aggrieved party may file a case directly to the competent court and the national authority shall guarantee a fair remedy for him. the public prosecution article 107 the attorney general shall be appointed pursuant to a decision issued by the president of the national authority, based upon a nomination submitted by the high judicial council. the attorney general shall handle and assume public cases, in the name of the palestinian arab people. the jurisdiction, functions and duties of the attorney general shall be specified by law. article 108 the law shall specify the manner of forming the public prosecution service, and its jurisdiction. the law shall determine the conditions for appointing, transferring and dismissing members of the public prosecution service and the rules of their accountability. article 109 a death sentence pronounced by any court may not be implemented unless endorsed by the president of the palestinian national authority. title seven. state of emergency provisions article 110 the president of the national authority may declare a state of emergency by decree when there is a threat to national security caused by war, invasion, armed insurrection or in times of natural disaster, for a period not to exceed thirty (30) days. the state of emergency may be extended for another period of thirty (30) days if a two-thirds majority of the members of the legislative council vote in favor of the extension. the decree declaring a state of emergency shall state its purpose, the region to which it applies and its duration. the legislative council shall have the right to review all or some of the procedures and measures adopted during the state of emergency, at the first session convened after the declaration of the state of emergency or in the extension session, whichever comes earlier, and to conduct the necessary interpellation in this regard. article 111 it is not allowed to impose restrictions on fundamental rights and freedoms when declaring a state of emergency except to the extent necessary to fulfill the purpose stated in the decree declaring the state of emergency. article 112 any arrest resulting from the declaration of a state of emergency shall be subject to the following minimum requirements: any detention carried out pursuant to a state of emergency decree shall be reviewed by the attorney general, or by the appropriate court, within a time period not to exceed fifteen (15) days from the date of detention. the detained individual shall have the right to select and appoint a lawyer. article 113 the palestinian legislative council may not be dissolved or its work hindered during a state of emergency, nor shall the provisions of this title be suspended. article 114 all provisions regulating states of emergency that were applicable in palestine prior to the entry into force of this basic law shall be cancelled, including the [british] mandate defense (emergency) regulations issued in the year 1945. title eight. general and transitional provisions article 115 the provisions of this basic law shall apply during the interim period and may be extended until the entry into force of the new constitution of the state of palestine. article 116 laws shall be promulgated in the name of the palestinian arab people and shall be published immediately in the official gazette. these laws shall come into force thirty (30) days from the date of their publication, unless the law states otherwise. article 117 laws shall apply only to that which occurs after their entry into force. it may be stipulated otherwise when necessary, except for penal matters. article 118 laws, regulations and decisions in force in palestine before the implementation of this law shall remain in force to the extent that they do not contradict the provisions of this basic law, until they are amended or repealed, in accordance with the law. article 119 all legal provisions that contradict the provisions of this amended basic law are repealed. article 120 the provisions of this amended basic law may not be amended except by a majority vote of at least two-thirds of the members of the palestinian legislative council. article 121 this amended basic law shall be effective as of its publication in theofficial gazette. commonwealth of australia constitution act an act to constitute the commonwealth of australia whereas the people of new south wales, victoria, south australia, queensland, and tasmania, humbly relying on the blessing of almighty god, have agreed to unite in one indissoluble federal commonwealth under the crown of the united kingdom of great britain and ireland, and under the constitution hereby established: and whereas it is expedient to provide for the admission into the commonwealth of other australasian colonies and possessions of the queen: be it therefore enacted by the queen’s most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, as follows: 1. short title this act may be cited as the commonwealth of australia constitution act. 2. act to extend to the queen’s successors the provisions of this act referring to the queen shall extend to her majesty’s heirs and successors in the sovereignty of the united kingdom. 3. proclamation of commonwealth it shall be lawful for the queen, with the advice of the privy council, to declare by proclamation that, on and after a day therein appointed, not being later than one year after the passing of this act, the people of new south wales, victoria, south australia, queensland, and tasmania, and also, if her majesty is satisfied that the people of western australia have agreed thereto, of western australia, shall be united in a federal commonwealth under the name of the commonwealth of australia. but the queen may, at any time after the proclamation, appoint a governor general for the commonwealth. 4. commencement of act the commonwealth shall be established, and the constitution of the commonwealth shall take effect, on and after the day so appointed. but the parliaments of the several colonies may at any time after the passing of this act make any such laws, to come into operation on the day so appointed, as they might have made if the constitution had taken effect at the passing of this act. 5. operation of the constitution and laws this act, and all laws made by the parliament of the commonwealth under the constitution, shall be binding on the courts, judges, and people of every state and of every part of the commonwealth, notwithstanding anything in the laws of any state; and the laws of the commonwealth shall be in force on all british ships, the queen’s ships of war excepted, whose first port of clearance and whose port of destination are in the commonwealth. 6. definitions the commonwealth shall mean the commonwealth of australia as established under this act. the states shall mean such of the colonies of new south wales, new zealand, queensland, tasmania, victoria, western australia, and south australia, including the northern territory of south australia, as for the time being are parts of the commonwealth, and such colonies or territories as may be admitted into or established by the commonwealth as states; and each of such parts of the commonwealth shall be called a state. original states shall mean such states as are parts of the commonwealth at its establishment. 7. repeal of federal council act the federal council of australasia act, 1885, is hereby repealed, but so as not to affect any laws passed by the federal council of australasia and in force at the establishment of the commonwealth. any such law may be repealed as to any state by the parliament of the commonwealth, or as to any colony not being a state by the parliament thereof. 8. application of colonial boundaries act after the passing of this act the colonial boundaries act, 1895, shall not apply to any colony which becomes a state of the commonwealth; but the commonwealth shall be taken to be a self governing colony for the purposes of that act. 9. constitution the constitution of the commonwealth shall be as follows: chapter i. the parliament part i. general 1. legislative power the legislative power of the commonwealth shall be vested in a federal parliament, which shall consist of the queen, a senate, and a house of representatives, and which is hereinafter called the parliament, or the parliament of the commonwealth. 2. governor-general a governor-general appointed by the queen shall be her majesty's representative in the commonwealth, and shall have and may exercise in the commonwealth during the queen's pleasure, but subject to this constitution, such powers and functions of the queen as her majesty may be pleased to assign to him. 3. salary of governor-general there shall be payable to the queen out of the consolidated revenue fund of the commonwealth, for the salary of the governor-general, an annual sum which, until the parliament otherwise provides, shall be ten thousand pounds. the salary of a governor-general shall not be altered during his continuance in office. 4. provisions relating to governor-general the provisions of this constitution relating to the governor-general extend and apply to the governor-general for the time being, or such person as the queen may appoint to administer the government of the commonwealth; but no such person shall be entitled to receive any salary from the commonwealth in respect of any other office during his administration of the government of the commonwealth. 5. sessions of parliament prorogation and dissolution: the governor-general may appoint such times for holding the sessions of the parliament as he thinks fit, and may also from time to time, by proclamation or otherwise, prorogue the parliament, and may in like manner dissolve the house of representatives. summoning parliament: after any general election the parliament shall be summoned to meet not later than thirty days after the day appointed for the return of the writs. first session: the parliament shall be summoned to meet not later than six months after the establishment of the commonwealth. 6. yearly session of parliament there shall be a session of the parliament once at least in every year, so that twelve months shall not intervene between the last sitting of the parliament in one session and its first sitting in the next session. part ii. the senate 7. the senate the senate shall be composed of senators for each state, directly chosen by the people of the state, voting, until the parliament otherwise provides, as one electorate. but until the parliament of the commonwealth otherwise provides, the parliament of the state of queensland, if that state be an original state, may make laws dividing the state into divisions and determining the number of senators to be chosen for each division, and in the absence of such provision the state shall be one electorate. until the parliament otherwise provides there shall be six senators for each original state. the parliament may make laws increasing or diminishing the number of senators for each state, but so that equal representation of the several original states shall be maintained and that no original state shall have less than six senators. the senators shall be chosen for a term of six years, and the names of the senators chosen for each state shall be certified by the governor to the governor-general. 8. qualification of electors the qualification of electors of senators shall be in each state that which is prescribed by this constitution, or by the parliament, as the qualification for electors of members of the house of representatives; but in the choosing of senators each elector shall vote only once. 9. method of election of senators the parliament of the commonwealth may make laws prescribing the method of choosing senators, but so that the method shall be uniform for all the states. subject to any such law, the parliament of each state may make laws prescribing the method of choosing the senators for that state. times and places: the parliament of a state may make laws for determining the times and places of elections of senators for the state. 10. application of state laws until the parliament otherwise provides, but subject to this constitution, the laws in force in each state, for the time being relating to elections for the more numerous house of the parliament of the state shall, as nearly as practicable, apply to elections of senators for the state. 11. failure to choose senators the senate may proceed to the despatch of business, notwithstanding the failure of any state to provide for its representation in the senate. 12. issue of writs the governor of any state may cause writs to be issued for elections of senators for the state. in case of the dissolution of the senate the writs shall be issued within ten days from the proclamation of such dissolution. 13. rotation of senators as soon as may be after the senate first meets, and after each first meeting of the senate following a dissolution thereof, the senate shall divide the senators chosen for each state into two classes, as nearly equal in number as practicable; and the places of the senators of the first class shall become vacant at the expiration of three years, and the places of those of the second class at the expiration of six years, from the beginning of their term of service; and afterwards the places of senators shall become vacant at the expiration of six years from the beginning of their term of service. the election to fill vacant places shall be made within one year before the places are to become vacant. for the purposes of this section the term of service of a senator shall be taken to begin on the first day of july following the day of his election, except in the cases of the first election and of the election next after any dissolution of the senate, when it shall be taken to begin on the first day of july preceding the day of his election. 14. further provision for rotation whenever the number of senators for a state is increased or diminished, the parliament of the commonwealth may make such provision for the vacating of the places of senators for the state as it deems necessary to maintain regularity in the rotation. 15. casual vacancies if the place of a senator becomes vacant before the expiration of his term of service, the houses of parliament of the state for which he was chosen, sitting and voting together, or, if there is only one house of that parliament, that house, shall choose a person to hold the place until the expiration of the term. but if the parliament of the state is not in session when the vacancy is notified, the governor of the state, with the advice of the executive council thereof, may appoint a person to hold the place until the expiration of fourteen days from the beginning of the next session of the parliament of the state or the expiration of the term, whichever first happens. where a vacancy has at any time occurred in the place of a senator chosen by the people of a state and, at the time when he was so chosen, he was publicly recognized by a particular political party as being an endorsed candidate of that party and publicly represented himself to be such a candidate, a person chosen or appointed under this section in consequence of that vacancy, or in consequence of that vacancy and a subsequent vacancy or vacancies, shall, unless there is no member of that party available to be chosen or appointed, be a member of that party. where: in accordance with the last preceding paragraph, a member of a particular political party is chosen or appointed to hold the place of a senator whose place had become vacant; and before taking his seat he ceases to be a member of that party (otherwise than by reason of the party having ceased to exist); he shall be deemed not to have been so chosen or appointed and the vacancy shall be again notified in accordance with section twenty-one of this constitution. the name of any senator chosen or appointed under this section shall be certified by the governor of the state to the governor-general. if the place of a senator chosen by the people of the state at the election of senators last held before the commencement of the constitution alteration (senate casual vacancies) 1977 became vacant before that commencement and, at that commencement, no person chosen by the house or houses of parliament of the state or appointed by the governor of the state, in consequence of that vacancy, or in consequence of that vacancy and a subsequent vacancy or vacancies, held office, this section applies as if the place of the senator chosen by the people of the state had become vacant after that commencement. a senator holding office at the commencement of the constitution alteration (senate casual vacancies) 1977, being a senator appointed by the governor of a state in consequence of a vacancy that had at any time occurred in the place of a senator chosen by the people of the state, shall be deemed to have been appointed to hold the place until the expiration of fourteen days after the beginning of the next session of the parliament of the state that commenced or commences after he was appointed and further action under this section shall be taken as if the vacancy in the place of the senator chosen by the people of the state had occurred after that commencement. subject to the next succeeding paragraph, a senator holding office at the commencement of the constitution alteration (senate casual vacancies) 1977 who was chosen by the house or houses of parliament of a state in consequence of a vacancy that had at any time occurred in the place of a senator chosen by the people of the state shall be deemed to have been chosen to hold office until the expiration of the term of service of the senator elected by the people of the state. if, at or before the commencement of the constitution alteration (senate casual vacancies) 1977, a law to alter the constitution entitled "constitution alteration (simultaneous elections) 1977" came into operation, a senator holding office at the commencement of that law who was chosen by the house or houses of parliament of a state in consequence of a vacancy that had at any time occurred in the place of a senator chosen by the people of the state shall be deemed to have been chosen to hold office: if the senator elected by the people of the state had a term of service expiring on the thirtieth day of june, one thousand nine hundred and seventy-eight, until the expiration or dissolution of the first house of representatives to expire or be dissolved after that law came into operation; or if the senator elected by the people of the state had a term of service expiring on the thirtieth day of june, one thousand nine hundred and eighty-one, until the expiration or dissolution of the second house of representatives to expire or be dissolved after that law came into operation or, if there is an earlier dissolution of the senate, until that dissolution. 16. qualifications of senator the qualifications of a senator shall be the same as those of a member of the house of representatives. 17. election of president the senate shall, before proceeding to the despatch of any other business, choose a senator to be the president of the senate; and as often as the office of president becomes vacant the senate shall again choose a senator to be the president. the president shall cease to hold his office if he ceases to be a senator. he may be removed from office by a vote of the senate, or he may resign his office or his seat by writing addressed to the governor-general. 18. absence of president before or during any absence of the president, the senate may choose a senator to perform his duties in his absence. 19. resignation of senator a senator may, by writing addressed to the president, or to the governor-general if there is no president or if the president is absent from the commonwealth, resign his place, which thereupon shall become vacant. 20. vacancy by absence the place of a senator shall become vacant if for two consecutive months of any session of the parliament he, without the permission of the senate, fails to attend the senate. 21. vacancy to be notified whenever a vacancy happens in the senate, the president, or if there is no president or if the president is absent from the commonwealth the governor-general, shall notify the same to the governor of the state in the representation of which the vacancy has happened. 22. quorum until the parliament otherwise provides, the presence of at least one-third of the whole number of the senators shall be necessary to constitute a meeting of the senate for the exercise of its powers. 23. voting in the senate questions arising in the senate shall be determined by a majority of votes, and each senator shall have one vote. the president shall in all cases be entitled to a vote; and when the votes are equal the question shall pass in the negative. part iii. the house of representatives 24. constitution of house of representatives the house of representatives shall be composed of members directly chosen by the people of the commonwealth, and the number of such members shall be, as nearly as practicable, twice the number of the senators. the number of members chosen in the several states shall be in proportion to the respective numbers of their people, and shall, until the parliament otherwise provides, be determined, whenever necessary, in the following manner: a quota shall be ascertained by dividing the number of the people of the commonwealth, as shown by the latest statistics of the commonwealth, by twice the number of the senators; the number of members to be chosen in each state shall be determined by dividing the number of the people of the state, as shown by the latest statistics of the commonwealth, by the quota; and if on such division there is a remainder greater than one-half of the quota, one more member shall be chosen in the state. but notwithstanding anything in this section, five members at least shall be chosen in each original state. 25. provision as to races disqualified from voting for the purposes of the last section, if by the law of any state all persons of any race are disqualified from voting at elections for the more numerous house of the parliament of the state, then, in reckoning the number of the people of the state or of the commonwealth, persons of that race resident in that state shall not be counted. 26. representatives in first parliament notwithstanding anything in section twenty-four, the number of members to be chosen in each state at the first election shall be as follows: new south wales, twenty-three; victoria, twenty; queensland, eight; south australia, six; tasmania, five; provided that if western australia is an original state, the numbers shall be as follows: new south wales, twenty-six; victoria, twenty-three; queensland, nine; south australia, seven; western australia, five; tasmania, five. 27. alteration of number of members subject to this constitution, the parliament may make laws for increasing or diminishing the number of the members of the house of representatives. 28. duration of house of representatives every house of representatives shall continue for three years from the first meeting of the house, and no longer, but may be sooner dissolved by the governor-general. 29. electoral divisions until the parliament of the commonwealth otherwise provides, the parliament of any state may make laws for determining the divisions in each state for which members of the house of representatives may be chosen, and the number of members to be chosen for each division. a division shall not be formed out of parts of different states. in the absence of other provision, each state shall be one electorate. 30. qualification of electors until the parliament otherwise provides, the qualification of electors of members of the house of representatives shall be in each state that which is prescribed by the law of the state as the qualification of electors of the more numerous house of parliament of the state; but in the choosing of members each elector shall vote only once. 31. application of state laws until the parliament otherwise provides, but subject to this constitution, the laws in force in each state for the time being relating to elections for the more numerous house of the parliament of the state shall, as nearly as practicable, apply to elections in the state of members of the house of representatives. 32. writs for general election the governor-general in council may cause writs to be issued for general elections of members of the house of representatives. after the first general election, the writs shall be issued within ten days from the expiry of a house of representatives or from the proclamation of a dissolution thereof. 33. writs for vacancies whenever a vacancy happens in the house of representatives, the speaker shall issue his writ for the election of a new member, or if there is no speaker or if he is absent from the commonwealth the governor-general in council may issue the writ. 34. qualifications of members until the parliament otherwise provides, the qualifications of a member of the house of representatives shall be as follows: he must be of the full age of twenty-one years, and must be an elector entitled to vote at the election of members of the house of representatives, or a person qualified to become such elector, and must have been for three years at the least a resident within the limits of the commonwealth as existing at the time when he is chosen; he must be a subject of the queen, either natural-born or for at least five years naturalized under a law of the united kingdom, or of a colony which has become or becomes a state, or of the commonwealth, or of a state. 35. election of speaker the house of representatives shall, before proceeding to the despatch of any other business, choose a member to be the speaker of the house, and as often as the office of speaker becomes vacant the house shall again choose a member to be the speaker. the speaker shall cease to hold his office if he ceases to be a member. he may be removed from office by a vote of the house, or he may resign his office or his seat by writing addressed to the governor-general. 36. absence of speaker before or during any absence of the speaker, the house of representatives may choose a member to perform his duties in his absence. 37. resignation of member a member may by writing addressed to the speaker, or to the governor-general if there is no speaker or if the speaker is absent from the commonwealth, resign his place, which thereupon shall become vacant. 38. vacancy by absence the place of a member shall become vacant if for two consecutive months of any session of the parliament he, without the permission of the house, fails to attend the house. 39. quorum until the parliament otherwise provides, the presence of at least one-third of the whole number of the members of the house of representatives shall be necessary to constitute a meeting of the house for the exercise of its powers. 40. voting in house of representatives questions arising in the house of representatives shall be determined by a majority of votes other than that of the speaker. the speaker shall not vote unless the numbers are equal, and then he shall have a casting vote. part iv. both houses of the parliament 41. right of electors of states no adult person who has or acquires a right to vote at elections for the more numerous house of the parliament of a state shall, while the right continues, be prevented by any law of the commonwealth from voting at elections for either house of the parliament of the commonwealth. 42. oath or affirmation of allegiance every senator and every member of the house of representatives shall before taking his seat make and subscribe before the governor-general, or some person authorised by him, an oath or affirmation of allegiance in the form set forth in the schedule to this constitution. 43. member of one house ineligible for other a member of either house of the parliament shall be incapable of being chosen or of sitting as a member of the other house. 44. disqualification any person who: is under any acknowledgment of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power; or is attainted of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offence punishable under the law of the commonwealth or of a state by imprisonment for one year or longer; or is an undischarged bankrupt or insolvent; or holds any office of profit under the crown, or any pension payable during the pleasure of the crown out of any of the revenues of the commonwealth; or has any direct or indirect pecuniary interest in any agreement with the public service of the commonwealth otherwise than as a member and in common with the other members of an incorporated company consisting of more than twenty-five persons; shall be incapable of being chosen or of sitting as a senator or a member of the house of representatives. but subsection (iv) does not apply to the office of any of the queen's ministers of state for the commonwealth, or of any of the queen's ministers for a state, or to the receipt of pay, half pay, or a pension, by any person as an officer or member of the queen's navy or army, or to the receipt of pay as an officer or member of the naval or military forces of the commonwealth by any person whose services are not wholly employed by the commonwealth. 45. vacancy on happening of disqualification if a senator or member of the house of representatives: becomes subject to any of the disabilities mentioned in the last preceding section; or takes the benefit, whether by assignment, composition, or otherwise, of any law relating to bankrupt or insolvent debtors; or directly or indirectly takes or agrees to take any fee or honorarium for services rendered to the commonwealth, or for services rendered in the parliament to any person or state; his place shall thereupon become vacant. 46. penalty for sitting when disqualified until the parliament otherwise provides, any person declared by this constitution to be incapable of sitting as a senator or as a member of the house of representatives shall, for every day on which he so sits, be liable to pay the sum of one hundred pounds to any person who sues for it in any court of competent jurisdiction. 47. disputed elections until the parliament otherwise provides, any question respecting the qualification of a senator or of a member of the house of representatives, or respecting a vacancy in either house of the parliament, and any question of a disputed election to either house, shall be determined by the house in which the question arises. 48. allowance to members until the parliament otherwise provides, each senator and each member of the house of representatives shall receive an allowance of four hundred pounds a year, to be reckoned from the day on which he takes his seat. 49. privileges etc. of houses the powers, privileges, and immunities of the senate and of the house of representatives, and of the members and the committees of each house, shall be such as are declared by the parliament, and until declared shall be those of the commons house of parliament of the united kingdom, and of its members and committees, at the establishment of the commonwealth. 50. rules and orders each house of the parliament may make rules and orders with respect to: the mode in which its powers, privileges, and immunities may be exercised and upheld; the order and conduct of its business and proceedings either separately or jointly with the other house. part v. powers of the parliament 51. legislative powers of the parliament the parliament shall, subject to this constitution, have power to make laws for the peace, order, and good government of the commonwealth with respect to: trade and commerce with other countries, and among the states; taxation; but so as not to discriminate between states or parts of states; bounties on the production or export of goods, but so that such bounties shall be uniform throughout the commonwealth; borrowing money on the public credit of the commonwealth; postal, telegraphic, telephonic, and other like services; the naval and military defence of the commonwealth and of the several states, and the control of the forces to execute and maintain the laws of the commonwealth; lighthouses, lightships, beacons and buoys; astronomical and meteorological observations; quarantine; fisheries in australian waters beyond territorial limits; census and statistics; currency, coinage, and legal tender; banking, other than state banking; also state banking extending beyond the limits of the state concerned, the incorporation of banks, and the issue of paper money; insurance, other than state insurance; also state insurance extending beyond the limits of the state concerned; weights and measures; bills of exchange and promissory notes; bankruptcy and insolvency; copyrights, patents of inventions and designs, and trade marks; naturalization and aliens; foreign corporations, and trading or financial corporations formed within the limits of the commonwealth; marriage; divorce and matrimonial causes; and in relation thereto, parental rights, and the custody and guardianship of infants; invalid and old-age pensions; the provision of maternity allowances, widows' pensions, child endowment, unemployment, pharmaceutical, sickness and hospital benefits, medical and dental services (but not so as to authorize any form of civil conscription), benefits to students and family allowances; the service and execution throughout the commonwealth of the civil and criminal process and the judgments of the courts of the states; the recognition throughout the commonwealth of the laws, the public acts and records, and the judicial proceedings of the states; the people of any race for whom it is deemed necessary to make special laws; immigration and emigration; the influx of criminals; external affairs; the relations of the commonwealth with the islands of the pacific; the acquisition of property on just terms from any state or person for any purpose in respect of which the parliament has power to make laws; the control of railways with respect to transport for the naval and military purposes of the commonwealth; the acquisition, with the consent of a state, of any railways of the state on terms arranged between the commonwealth and the state; railway construction and extension in any state with the consent of that state; conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one state; matters in respect of which this constitution makes provision until the parliament otherwise provides; matters referred to the parliament of the commonwealth by the parliament or parliaments of any state or states, but so that the law shall extend only to states by whose parliaments the matter is referred, or which afterwards adopt the law; the exercise within the commonwealth, at the request or with the concurrence of the parliaments of all the states directly concerned, of any power which can at the establishment of this constitution be exercised only by the parliament of the united kingdom or by the federal council of australasia; matters incidental to the execution of any power vested by this constitution in the parliament or in either house thereof, or in the government of the commonwealth, or in the federal judicature, or in any department or officer of the commonwealth. 52. exclusive powers of the parliament the parliament shall, subject to this constitution, have exclusive power to make laws for the peace, order, and good government of the commonwealth with respect to: the seat of government of the commonwealth, and all places acquired by the commonwealth for public purposes; matters relating to any department of the public service the control of which is by this constitution transferred to the executive government of the commonwealth; other matters declared by this constitution to be within the exclusive power of the parliament. 53. powers of the houses in respect of legislation proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the senate. but a proposed law shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand or payment or appropriation of fees for licences, or fees for services under the proposed law. the senate may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the government. the senate may not amend any proposed law so as to increase any proposed charge or burden on the people. the senate may at any stage return to the house of representatives any proposed law which the senate may not amend, requesting, by message, the omission or amendment of any items or provisions therein. and the house of representatives may, if it thinks fit, make any of such omissions or amendments, with or without modifications. except as provided in this section, the senate shall have equal power with the house of representatives in respect of all proposed laws. 54. appropriation bills the proposed law which appropriates revenue or moneys for the ordinary annual services of the government shall deal only with such appropriation. 55. tax bill laws imposing taxation shall deal only with the imposition of taxation, and any provision therein dealing with any other matter shall be of no effect. laws imposing taxation, except laws imposing duties of customs or of excise, shall deal with one subject of taxation only; but laws imposing duties of customs shall deal with duties of customs only, and laws imposing duties of excise shall deal with duties of excise only. 56. recommendation of money votes a vote, resolution, or proposed law for the appropriation of revenue or moneys shall not be passed unless the purpose of the appropriation has in the same session been recommended by message of the governor-general to the house in which the proposal originated. 57. disagreement between the houses if the house of representatives passes any proposed law, and the senate rejects or fails to pass it, or passes it with amendments to which the house of representatives will not agree, and if after an interval of three months the house of representatives, in the same or the next session, again passes the proposed law with or without any amendments which have been made, suggested, or agreed to by the senate, and the senate rejects or fails to pass it, or passes it with amendments to which the house of representatives will not agree, the governor-general may dissolve the senate and the house of representatives simultaneously. but such dissolution shall not take place within six months before the date of the expiry of the house of representatives by effluxion of time. if after such dissolution the house of representatives again passes the proposed law, with or without any amendments which have been made, suggested, or agreed to by the senate, and the senate rejects or fails to pass it, or passes it with amendments to which the house of representatives will not agree, the governor-general may convene a joint sitting of the members of the senate and of the house of representatives. the members present at the joint sitting may deliberate and shall vote together upon the proposed law as last proposed by the house of representatives, and upon amendments, if any, which have been made therein by one house and not agreed to by the other, and any such amendments which are affirmed by an absolute majority of the total number of the members of the senate and house of representatives shall be taken to have been carried, and if the proposed law, with the amendments, if any, so carried is affirmed by an absolute majority of the total number of the members of the senate and house of representatives, it shall be taken to have been duly passed by both houses of the parliament, and shall be presented to the governor-general for the queen's assent. 58. royal assent to bills when a proposed law passed by both houses of the parliament is presented to the governor-general for the queen's assent, he shall declare, according to his discretion, but subject to this constitution, that he assents in the queen's name, or that he withholds assent, or that he reserves the law for the queen's pleasure. recommendations by governor-general: the governor-general may return to the house in which it originated any proposed law so presented to him, and may transmit therewith any amendments which he may recommend, and the houses may deal with the recommendation. 59. disallowance by the queen the queen may disallow any law within one year from the governor-general's assent, and such disallowance on being made known by the governor-general by speech or message to each of the houses of the parliament, or by proclamation, shall annul the law from the day when the disallowance is so made known. 60. signification of queen's pleasure on bills reserved a proposed law reserved for the queen's pleasure shall not have any force unless and until within two years from the day on which it was presented to the governor-general for the queen's assent the governor-general makes known, by speech or message to each of the houses of the parliament, or by proclamation, that it has received the queen's assent. chapter ii. the executive government 61. executive power the executive power of the commonwealth is vested in the queen and is exercisable by the governor-general as the queen's representative, and extends to the execution and maintenance of this constitution, and of the laws of the commonwealth. 62. federal executive council there shall be a federal executive council to advise the governor-general in the government of the commonwealth, and the members of the council shall be chosen and summoned by the governor-general and sworn as executive councillors, and shall hold office during his pleasure. 63. provisions referring to governor-general the provisions of this constitution referring to the governor-general in council shall be construed as referring to the governor-general acting with the advice of the federal executive council. 64. ministers of state the governor-general may appoint officers to administer such departments of state of the commonwealth as the governor-general in council may establish. such officers shall hold office during the pleasure of the governor-general. they shall be members of the federal executive council, and shall be the queen's ministers of state for the commonwealth. ministers to sit in parliament: after the first general election no minister of state shall hold office for a longer period than three months unless he is or becomes a senator or a member of the house of representatives. 65. number of ministers until the parliament otherwise provides, the ministers of state shall not exceed seven in number, and shall hold such offices as the parliament prescribes, or, in the absence of provision, as the governor-general directs. 66. salaries of ministers there shall be payable to the queen, out of the consolidated revenue fund of the commonwealth, for the salaries of the ministers of state, an annual sum which, until the parliament otherwise provides, shall not exceed twelve thousand pounds a year. 67. appointment of civil servants until the parliament otherwise provides, the appointment and removal of all other officers of the executive government of the commonwealth shall be vested in the governor-general in council, unless the appointment is delegated by the governor-general in council or by a law of the commonwealth to some other authority. 68. command of naval and military forces the command in chief of the naval and military forces of the commonwealth is vested in the governor-general as the queen's representative. 69. transfer of certain departments on a date or dates to be proclaimed by the governor-general after the establishment of the commonwealth the following departments of the public service in each state shall become transferred to the commonwealth: posts, telegraphs, and telephones; naval and military defence; lighthouses, lightships, beacons, and buoys; quarantine. but the departments of customs and of excise in each state shall become transferred to the commonwealth on its establishment. 70. certain powers of governors to vest in governor-general in respect of matters which, under this constitution, pass to the executive government of the commonwealth, all powers and functions which at the establishment of the commonwealth are vested in the governor of a colony, or in the governor of a colony with the advice of his executive council, or in any authority of a colony, shall vest in the governor-general, or in the governor-general in council, or in the authority exercising similar powers under the commonwealth, as the case requires. chapter iii. the judicature 71. judicial power and courts the judicial power of the commonwealth shall be vested in a federal supreme court, to be called the high court of australia, and in such other federal courts as the parliament creates, and in such other courts as it invests with federal jurisdiction. the high court shall consist of a chief justice, and so many other justices, not less than two, as the parliament prescribes. 72. judges' appointment, tenure, and remuneration the justices of the high court and of the other courts created by the parliament: shall be appointed by the governor-general in council; shall not be removed except by the governor-general in council, on an address from both houses of the parliament in the same session, praying for such removal on the ground of proved misbehaviour or incapacity; shall receive such remuneration as the parliament may fix but the remuneration shall not be diminished during their continuance in office. the appointment of a justice of the high court shall be for a term expiring upon his attaining the age of seventy years, and a person shall not be appointed as a justice of the high court if he has attained that age. the appointment of a justice of a court created by the parliament shall be for a term expiring upon his attaining the age that is, at the time of his appointment, the maximum age for justices of that court and a person shall not be appointed as a justice of such a court if he has attained the age that is for the time being the maximum age for justices of that court. subject to this section, the maximum age for justices of any court created by the parliament is seventy years. the parliament may make a law fixing an age that is less than seventy years as the maximum age for justices of a court created by the parliament and may at any time repeal or amend such a law, but any such repeal or amendment does not affect the term of office of a justice under an appointment made before the repeal or amendment. a justice of the high court or of a court created by the parliament may resign his office by writing under his hand delivered to the governor-general. nothing in the provisions added to this section by the constitution alteration (retirement of judges) 1977 affects the continuance of a person in office as a justice of a court under an appointment made before the commencement of those provisions. a reference in this section to the appointment of a justice of the high court or of a court created by the parliament shall be read as including a reference to the appointment of a person who holds office as a justice of the high court or of a court created by the parliament to another office of justice of the same court having a different status or designation. 73. appellate jurisdiction of high court the high court shall have jurisdiction, with such exceptions and subject to such regulations as the parliament prescribes, to hear and determine appeals from all judgments, decrees, orders, and sentences: of any justice or justices exercising the original jurisdiction of the high court; of any other federal court, or court exercising federal jurisdiction; or of the supreme court of any state, or of any other court of any state from which at the establishment of the commonwealth an appeal lies to the queen in council; of the inter-state commission, but as to questions of law only; and the judgment of the high court in all such cases shall be final and conclusive. but no exception or regulation prescribed by the parliament shall prevent the high court from hearing and determining any appeal from the supreme court of a state in any matter in which at the establishment of the commonwealth an appeal lies from such supreme court to the queen in council. until the parliament otherwise provides, the conditions of and restrictions on appeals to the queen in council from the supreme courts of the several states shall be applicable to appeals from them to the high court. 74. appeal to queen in council no appeal shall be permitted to the queen in council from a decision of the high court upon any question, howsoever arising, as to the limits inter se of the constitutional powers of the commonwealth and those of any state or states, or as to the limits inter se of the constitutional powers of any two or more states, unless the high court shall certify that the question is one which ought to be determined by her majesty in council. the high court may so certify if satisfied that for any special reason the certificate should be granted, and thereupon an appeal shall lie to her majesty in council on the question without further leave. except as provided in this section, this constitution shall not impair any right which the queen may be pleased to exercise by virtue of her royal prerogative to grant special leave of appeal from the high court to her majesty in council. the parliament may make laws limiting the matters in which such leave may be asked, but proposed laws containing any such limitation shall be reserved by the governor-general for her majesty's pleasure. 75. original jurisdiction of high court in all matters: arising under any treaty; affecting consuls or other representatives of other countries; in which the commonwealth, or a person suing or being sued on behalf of the commonwealth, is a party; between states, or between residents of different states, or between a state and a resident of another state; in which a writ of mandamus or prohibition or an injunction is sought against an officer of the commonwealth; the high court shall have original jurisdiction. 76. additional original jurisdiction the parliament may make laws conferring original jurisdiction on the high court in any matter: arising under this constitution, or involving its interpretation; arising under any laws made by the parliament; of admiralty and maritime jurisdiction; relating to the same subject-matter claimed under the laws of different states. 77. power to define jurisdiction with respect to any of the matters mentioned in the last two sections the parliament may make laws: defining the jurisdiction of any federal court other than the high court; defining the extent to which the jurisdiction of any federal court shall be exclusive of that which belongs to or is invested in the courts of the states; investing any court of a state with federal jurisdiction. 78. proceedings against commonwealth or state the parliament may make laws conferring rights to proceed against the commonwealth or a state in respect of matters within the limits of the judicial power. 79. number of judges the federal jurisdiction of any court may be exercised by such number of judges as the parliament prescribes. 80. trial by jury the trial on indictment of any offence against any law of the commonwealth shall be by jury, and every such trial shall be held in the state where the offence was committed, and if the offence was not committed within any state the trial shall be held at such place or places as the parliament prescribes. chapter iv. finance and trade 81. consolidated revenue fund all revenues or moneys raised or received by the executive government of the commonwealth shall form one consolidated revenue fund, to be appropriated for the purposes of the commonwealth in the manner and subject to the charges and liabilities imposed by this constitution. 82. expenditure charged thereon the costs, charges, and expenses incident to the collection, management, and receipt of the consolidated revenue fund shall form the first charge thereon; and the revenue of the commonwealth shall in the first instance be applied to the payment of the expenditure of the commonwealth. 83. money to be appropriated by law no money shall be drawn from the treasury of the commonwealth except under appropriation made by law. but until the expiration of one month after the first meeting of the parliament the governor-general in council may draw from the treasury and expend such moneys as may be necessary for the maintenance of any department transferred to the commonwealth and for the holding of the first elections for the parliament. 84. transfer of officers when any department of the public service of a state becomes transferred to the commonwealth, all officers of the department shall become subject to the control of the executive government of the commonwealth. any such officer who is not retained in the service of the commonwealth shall, unless he is appointed to some other office of equal emolument in the public service of the state, be entitled to receive from the state any pension, gratuity, or other compensation, payable under the law of the state on the abolition of his office. any such officer who is retained in the service of the commonwealth shall preserve all his existing and accruing rights, and shall be entitled to retire from office at the time, and on the pension or retiring allowance, which would be permitted by the law of the state if his service with the commonwealth were a continuation of his service with the state. such pension or retiring allowance shall be paid to him by the commonwealth; but the state shall pay to the commonwealth a part thereof, to be calculated on the proportion which his term of service with the state bears to his whole term of service, and for the purpose of the calculation his salary shall be taken to be that paid to him by the state at the time of the transfer. any officer who is, at the establishment of the commonwealth, in the public service of a state, and who is, by consent of the governor of the state with the advice of the executive council thereof, transferred to the public service of the commonwealth, shall have the same rights as if he had been an officer of a department transferred to the commonwealth and were retained in the service of the commonwealth. 85. transfer of property of state when any department of the public service of a state is transferred to the commonwealth: all property of the state of any kind, used exclusively in connexion with the department, shall become vested in the commonwealth; but, in the case of the departments controlling customs and excise and bounties, for such time only as the governor-general in council may declare to be necessary; the commonwealth may acquire any property of the state, of any kind used, but not exclusively used in connexion with the department; the value thereof shall, if no agreement can be made, be ascertained in, as nearly as may be, the manner in which the value of land, or of an interest in land, taken by the state for public purposes is ascertained under the law of the state in force at the establishment of the commonwealth; the commonwealth shall compensate the state for the value of any property passing to the commonwealth under this section; if no agreement can be made as to the mode of compensation, it shall be determined under laws to be made by the parliament; the commonwealth shall, at the date of the transfer, assume the current obligations of the state in respect of the department transferred. 86. customs, excise, and bounties on the establishment of the commonwealth, the collection and control of duties of customs and of excise, and the control of the payment of bounties, shall pass to the executive government of the commonwealth. 87. revenue from customs and excise duties during a period of ten years after the establishment of the commonwealth and thereafter until the parliament otherwise provides, of the net revenue of the commonwealth from duties of customs and of excise not more than one-fourth shall be applied annually by the commonwealth towards its expenditure. the balance shall, in accordance with this constitution, be paid to the several states, or applied towards the payment of interest on debts of the several states taken over by the commonwealth. 88. uniform duties of customs uniform duties of customs shall be imposed within two years after the establishment of the commonwealth. 89. payment to states before uniform duties until the imposition of uniform duties of customs: the commonwealth shall credit to each state the revenues collected therein by the commonwealth; the commonwealth shall debit to each state: the expenditure therein of the commonwealth incurred solely for the maintenance or continuance, as at the time of transfer, of any department transferred from the state to the commonwealth; the proportion of the state, according to the number of its people, in the other expenditure of the commonwealth; the commonwealth shall pay to each state month by month the balance (if any) in favour of the state. 90. exclusive power over customs, excise, and bounties on the imposition of uniform duties of customs the power of the parliament to impose duties of customs and of excise, and to grant bounties on the production or export of goods, shall become exclusive. on the imposition of uniform duties of customs all laws of the several states imposing duties of customs or of excise, or offering bounties on the production or export of goods, shall cease to have effect, but any grant of or agreement for any such bounty lawfully made by or under the authority of the government of any state shall be taken to be good if made before the thirtieth day of june, one thousand eight hundred and ninety-eight, and not otherwise. 91. exceptions as to bounties nothing in this constitution prohibits a state from granting any aid to or bounty on mining for gold, silver, or other metals, nor from granting, with the consent of both houses of the parliament of the commonwealth expressed by resolution, any aid to or bounty on the production or export of goods. 92. trade within the commonwealth to be free on the imposition of uniform duties of customs, trade, commerce, and intercourse among the states, whether by means of internal carriage or ocean navigation, shall be absolutely free. but notwithstanding anything in this constitution, goods imported before the imposition of uniform duties of customs into any state, or into any colony which, whilst the goods remain therein, becomes a state, shall, on thence passing into another state within two years after the imposition of such duties, be liable to any duty chargeable on the importation of such goods into the commonwealth, less any duty paid in respect of the goods on their importation. 93. payment to states for five years after uniform tariffs during the first five years after the imposition of uniform duties of customs, and thereafter until the parliament otherwise provides: the duties of customs chargeable on goods imported into a state and afterwards passing into another state for consumption, and the duties of excise paid on goods produced or manufactured in a state and afterwards passing into another state for consumption, shall be taken to have been collected not in the former but in the latter state; subject to the last subsection, the commonwealth shall credit revenue, debit expenditure, and pay balances to the several states as prescribed for the period preceding the imposition of uniform duties of customs. 94. distribution of surplus after five years from the imposition of uniform duties of customs, the parliament may provide, on such basis as it deems fair, for the monthly payment to the several states of all surplus revenue of the commonwealth. 95. customs duties of western australia notwithstanding anything in this constitution, the parliament of the state of western australia, if that state be an original state, may, during the first five years after the imposition of uniform duties of customs, impose duties of customs on goods passing into that state and not originally imported from beyond the limits of the commonwealth; and such duties shall be collected by the commonwealth. but any duty so imposed on any goods shall not exceed during the first of such years the duty chargeable on the goods under the law of western australia in force at the imposition of uniform duties, and shall not exceed during the second, third, fourth, and fifth of such years respectively, four-fifths, three-fifths, two-fifths, and one-fifth of such latter duty, and all duties imposed under this section shall cease at the expiration of the fifth year after the imposition of uniform duties. if at any time during the five years the duty on any goods under this section is higher than the duty imposed by the commonwealth on the importation of the like goods, then such higher duty shall be collected on the goods when imported into western australia from beyond the limits of the commonwealth. 96. financial assistance to states during a period of ten years after the establishment of the commonwealth and thereafter until the parliament otherwise provides, the parliament may grant financial assistance to any state on such terms and conditions as the parliament thinks fit. 97. audit until the parliament otherwise provides, the laws in force in any colony which has become or becomes a state with respect to the receipt of revenue and the expenditure of money on account of the government of the colony, and the review and audit of such receipt and expenditure, shall apply to the receipt of revenue and the expenditure of money on account of the commonwealth in the state in the same manner as if the commonwealth, or the government or an officer of the commonwealth, were mentioned whenever the colony, or the government or an officer of the colony, is mentioned. 98. trade and commerce includes navigation and state railways the power of the parliament to make laws with respect to trade and commerce extends to navigation and shipping, and to railways the property of any state. 99. commonwealth not to give preference the commonwealth shall not, by any law or regulation of trade, commerce, or revenue, give preference to one state or any part thereof over another state or any part thereof. 100. nor abridge right to use water the commonwealth shall not, by any law or regulation of trade or commerce, abridge the right of a state or of the residents therein to the reasonable use of the waters of rivers for conservation or irrigation. 101. inter-state commission there shall be an inter-state commission, with such powers of adjudication and administration as the parliament deems necessary for the execution and maintenance, within the commonwealth, of the provisions of this constitution relating to trade and commerce, and of all laws made thereunder. 102. parliament may forbid preferences by state the parliament may by any law with respect to trade or commerce forbid, as to railways, any preference or discrimination by any state, or by any authority constituted under a state, if such preference or discrimination is undue and unreasonable, or unjust to any state due regard being had to the financial responsibilities incurred by any state in connexion with the construction and maintenance of its railways. but no preference or discrimination shall, within the meaning of this section, be taken to be undue and unreasonable, or unjust to any state, unless so adjudged by the inter-state commission. 103. commissioners' appointment, tenure, and remuneration the members of the inter-state commission: shall be appointed by the governor-general in council; shall hold office for seven years, but may be removed within that time by the governor-general in council, on an address from both houses of the parliament in the same session praying for such removal on the ground of proved misbehaviour or incapacity; shall receive such remuneration as the parliament may fix but such remuneration shall not be diminished during their continuance in office. 104. saving of certain rates nothing in this constitution shall render unlawful any rate for the carriage of goods upon a railway, the property of a state, if the rate is deemed by the inter-state commission to be necessary for the development of the territory of the state, and if the rate applies equally to goods within the state and to goods passing into the state from other states. 105. taking over public debts of states the parliament may take over from the states their public debts, or a proportion thereof according to the respective numbers of their people as shown by the latest statistics of the commonwealth, and may convert, renew, or consolidate such debts, or any part thereof; and the states shall indemnify the commonwealth in respect of the debts taken over, and thereafter the interest payable in respect of the debts shall be deducted and retained from the portions of the surplus revenue of the commonwealth payable to the several states, or if such surplus is insufficient, or if there is no surplus, then the deficiency or the whole amount shall be paid by the several states. 105a. agreements with respect to state debts the commonwealth may make agreements with the states with respect to the public debts of the states, including: the taking over of such debts by the commonwealth; the management of such debts; the payment of interest and the provision and management of sinking funds in respect of such debts; the consolidation, renewal, conversion, and redemption of such debts; the indemnification of the commonwealth by the states in respect of debts taken over by the commonwealth; and the borrowing of money by the states or by the commonwealth, or by the commonwealth for the states. the parliament may make laws for validating any such agreement made before the commencement of this section. the parliament may make laws for the carrying out by the parties thereto of any such agreement. any such agreement may be varied or rescinded by the parties thereto. every such agreement and any such variation thereof shall be binding upon the commonwealth and the states parties thereto notwithstanding anything contained in this constitution or the constitution of the several states or in any law of the parliament of the commonwealth or of any state. the powers conferred by this section shall not be construed as being limited in any way by the provisions of section one hundred and five of this constitution. chapter v. the states 106. saving of constitutions the constitution of each state of the commonwealth shall, subject to this constitution, continue as at the establishment of the commonwealth, or as at the admission or establishment of the state, as the case may be, until altered in accordance with the constitution of the state. 107. saving of power of state parliaments every power of the parliament of a colony which has become or becomes a state, shall, unless it is by this constitution exclusively vested in the parliament of the commonwealth or withdrawn from the parliament of the state, continue as at the establishment of the commonwealth, or as at the admission or establishment of the state, as the case may be. 108. saving of state laws every law in force in a colony which has become or becomes a state, and relating to any matter within the powers of the parliament of the commonwealth, shall, subject to this constitution, continue in force in the state; and, until provision is made in that behalf by the parliament of the commonwealth, the parliament of the state shall have such powers of alteration and of repeal in respect of any such law as the parliament of the colony had until the colony became a state. 109. inconsistency of laws when a law of a state is inconsistent with a law of the commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid. 110. provisions referring to governor the provisions of this constitution relating to the governor of a state extend and apply to the governor for the time being of the state, or other chief executive officer or administrator of the government of the state. 111. states may surrender territory the parliament of a state may surrender any part of the state to the commonwealth; and upon such surrender, and the acceptance thereof by the commonwealth, such part of the state shall become subject to the exclusive jurisdiction of the commonwealth. 112. states may levy charges for inspection laws after uniform duties of customs have been imposed, a state may levy on imports or exports, or on goods passing into or out of the state, such charges as may be necessary for executing the inspection laws of the state; but the net produce of all charges so levied shall be for the use of the commonwealth; and any such inspection laws may be annulled by the parliament of the commonwealth. 113. intoxicating liquids all fermented, distilled, or other intoxicating liquids passing into any state or remaining therein for use, consumption, sale, or storage, shall be subject to the laws of the state as if such liquids had been produced in the state. 114. states may not raise forces. taxation of property of commonwealth or state a state shall not, without the consent of the parliament of the commonwealth, raise or maintain any naval or military force, or impose any tax on property of any kind belonging to the commonwealth, nor shall the commonwealth impose any tax on property of any kind belonging to a state. 115. states not to coin money a state shall not coin money, nor make anything but gold and silver coin a legal tender in payment of debts. 116. commonwealth not to legislate in respect of religion the commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the commonwealth. 117. rights of residents in states a subject of the queen, resident in any state, shall not be subject in any other state to any disability or discrimination which would not be equally applicable to him if he were a subject of the queen resident in such other state. 118. recognition of laws etc. of states full faith and credit shall be given, throughout the commonwealth to the laws, the public acts and records, and the judicial proceedings of every state. 119. protection of states from invasion and violence the commonwealth shall protect every state against invasion and, on the application of the executive government of the state, against domestic violence. 120. custody of offenders against laws of the commonwealth every state shall make provision for the detention in its prisons of persons accused or convicted of offences against the laws of the commonwealth, and for the punishment of persons convicted of such offences, and the parliament of the commonwealth may make laws to give effect to this provision. chapter vi. new states 121. new states may be admitted or established the parliament may admit to the commonwealth or establish new states, and may upon such admission or establishment make or impose such terms and conditions, including the extent of representation in either house of the parliament, as it thinks fit. 122. government of territories the parliament may make laws for the government of any territory surrendered by any state to and accepted by the commonwealth, or of any territory placed by the queen under the authority of and accepted by the commonwealth, or otherwise acquired by the commonwealth, and may allow the representation of such territory in either house of the parliament to the extent and on the terms which it thinks fit. 123. alteration of limits of states the parliament of the commonwealth may, with the consent of the parliament of a state, and the approval of the majority of the electors of the state voting upon the question, increase, diminish, or otherwise alter the limits of the state, upon such terms and conditions as may be agreed on, and may, with the like consent, make provision respecting the effect and operation of any increase or diminution or alteration of territory in relation to any state affected. 124. formation of new states a new state may be formed by separation of territory from a state, but only with the consent of the parliament thereof, and a new state may be formed by the union of two or more states or parts of states, but only with the consent of the parliaments of the states affected. chapter vii. miscellaneous 125. seat of government the seat of government of the commonwealth shall be determined by the parliament, and shall be within territory which shall have been granted to or acquired by the commonwealth, and shall be vested in and belong to the commonwealth, and shall be in the state of new south wales, and be distant not less than one hundred miles from sydney. such territory shall contain an area of not less than one hundred square miles, and such portion thereof as shall consist of crown lands shall be granted to the commonwealth without any payment therefor. the parliament shall sit at melbourne until it meet at the seat of government. 126. power to her majesty to authorise governor-general to appoint deputies the queen may authorise the governor-general to appoint any person, or any persons jointly or severally, to be his deputy or deputies within any part of the commonwealth, and in that capacity to exercise during the pleasure of the governor-general such powers and functions of the governor-general as he thinks fit to assign to such deputy or deputies, subject to any limitations expressed or directions given by the queen; but the appointment of such deputy or deputies shall not affect the exercise by the governor-general himself of any power or function. chapter viii. alteration of the constitution 128. mode of altering the constitution this constitution shall not be altered except in the following manner: the proposed law for the alteration thereof must be passed by an absolute majority of each house of the parliament, and not less than two nor more than six months after its passage through both houses the proposed law shall be submitted in each state and territory to the electors qualified to vote for the election of members of the house of representatives. but if either house passes any such proposed law by an absolute majority, and the other house rejects or fails to pass it, or passes it with any amendment to which the first-mentioned house will not agree, and if after an interval of three months the first-mentioned house in the same or the next session again passes the proposed law by an absolute majority with or without any amendment which has been made or agreed to by the other house, and such other house rejects or fails to pass it or passes it with any amendment to which the first-mentioned house will not agree, the governor-general may submit the proposed law as last proposed by the first mentioned house, and either with or without any amendments subsequently agreed to by both houses, to the electors in each state and territory qualified to vote for the election of the house of representatives. when a proposed law is submitted to the electors the vote shall be taken in such manner as the parliament prescribes. but until the qualification of electors of members of the house of representatives becomes uniform throughout the commonwealth, only one-half the electors voting for and against the proposed law shall be counted in any state in which adult suffrage prevails. and if in a majority of the states a majority of the electors voting approve the proposed law, and if a majority of all the electors voting also approve the proposed law, it shall be presented to the governor-general for the queen's assent. no alteration diminishing the proportionate representation of any state in either house of the parliament, or the minimum number of representatives of a state in the house of representatives, or increasing, diminishing, or otherwise altering the limits of the state, or in any manner affecting the provisions of the constitution in relation thereto, shall become law unless the majority of the electors voting in that state approve the proposed law. in this section, territory means any territory referred to in section one hundred and twenty-two of this constitution in respect of which there is in force a law allowing its representation in the house of representatives. schedule oath: i, a.b., do swear that i will be faithful and bear true allegiance to her majesty queen victoria, her heirs and successors according to law. so help me god! affirmation: i, a.b., do solemnly and sincerely affirm and declare that i will be faithful and bear true allegiance to her majesty queen victoria, her heirs and successors according to law. (note – the name of the king or queen of the united kingdom of great britain and ireland for the time being is to be substituted from time to time.) statute of westminster adoption act 1942 an act to remove doubts as to the validity of certain commonwealth legislation, to obviate delays occurring in its passage, and to effect certain related purposes, by adopting certain sections of the statute of westminster, 1931, as from the commencement of the war between his majesty the king and germany. whereas certain legal difficulties exist which have created doubts and caused delays in relation to certain commonwealth legislation, and to certain regulations made thereunder, particularly in relation to the legislation enacted, and regulations made, for securing the public safety and defence of the commonwealth of australia, and for the more effectual prosecution of the war in which his majesty the king is engaged: and whereas those legal difficulties will be removed by the adoption by the parliament of the commonwealth of australia of sections two, three, four, five and six of the statute of westminster, 1931, and by making such adoption have effect as from the commencement of the war between his majesty the king and germany: be it therefore enacted by the king's most excellent majesty, the senate, and the house of representatives of the commonwealth of australia, as follows: 1. short title this act may be cited as the statute of westminster adoption act 1942. 2. commencement this act shall come into operation on the day on which it receives the royal assent. 3. adoption of statute of westminster, 1931 sections two, three, four, five and six of the imperial act entitled the statute of westminster, 1931 (which act is set out in the schedule to this act) are adopted and the adoption shall have effect from the third day of september, one thousand nine hundred and thirty-nine. the schedule. statute of westminster, 1931 an act to give effect to certain resolutions passed by imperial conferences held in the years 1926 and 1930. (11th december 1931.) whereas the delegates of his majesty's governments in the united kingdom, the dominion of canada, the commonwealth of australia, the dominion of new zealand, the union of south africa, the irish free state and newfoundland, at imperial conferences holden at westminster in the years of our lord nineteen hundred and twenty-six and nineteen hundred and thirty did concur in making the declarations and resolutions set forth in the reports of the said conferences: and whereas it is meet and proper to set out by way of preamble to this act that, inasmuch as the crown is the symbol of the free association of the members of the british commonwealth of nations, and as they are united by a common allegiance to the crown, it would be in accord with the established constitutional position of all the members of the commonwealth in relation to one another that any alteration in the law touching the succession to the throne or the royal style and titles shall hereafter require the assent as well of the parliaments of all the dominions as of the parliament of the united kingdom: and whereas it is in accord with the established constitutional position that no law hereafter made by the parliament of the united kingdom shall extend to any of the said dominions as part of the law of that dominion otherwise than at the request and with the consent of that dominion: and whereas it is necessary for the ratifying confirming and establishing of certain of the said declarations and resolutions of the said conferences that a law be made and enacted in due form by authority of the parliament of the united kingdom: and whereas the dominion of canada, the commonwealth of australia, the dominion of new zealand, the union of south africa, the irish free state and newfoundland have severally requested and consented to the submission of a measure to the parliament of the united kingdom for making such provision with regard to the matters aforesaid as is hereafter in this act contained: now, therefore, be it enacted by the king's most excellent majesty by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, as follows: – 1. meaning of "dominion" in this act in this act the expression "dominion" means any of the following dominions, that is to say, the dominion of canada, the commonwealth of australia, the dominion of new zealand, the union of south africa, the irish free state and newfoundland. 2. validity of laws made by parliament of a dominion 28 and 29 vict. c. 63 the colonial laws validity act, 1865, shall not apply to any law made after the commencement of this act by the parliament of a dominion. no law and no provision of any law made after the commencement of this act by the parliament of a dominion shall be void or inoperative on the ground that it is repugnant to the law of england, or to the provisions of any existing or future act of parliament of the united kingdom, or to any order, rule or regulation made under any such act, and the powers of the parliament of a dominion shall include the power to repeal or amend any such act, order, rule or regulation in so far as the same is part of the law of the dominion. 3. power of parliament of dominion to legislate extra-territorially it is hereby declared and enacted that the parliament of a dominion has full power to make laws having extra-territorial operation. 4. parliament of united kingdom not to legislate for dominion except by consent [repealed] 5. powers of dominion parliaments in relation to merchant shipping 57 and 58 vict. c. 60 without prejudice to the generality of the foregoing provisions of this act, sections seven hundred and thirty-five and seven hundred and thirty-six of the merchant shipping act, 1894, shall be construed as though reference therein to the legislature of a british possession did not include reference to the parliament of a dominion. 6. powers of dominion parliaments in relation to courts of admiralty 53 and 54 vict. c. 27 without prejudice to the generality of the foregoing provisions of this act, section four of the colonial courts of admiralty act, 1890 (which requires certain laws to be reserved for the signification of his majesty's pleasure or to contain a suspending clause), and so much of section seven of that act as requires the approval of his majesty in council to any rules of court for regulating the practice and procedure of a colonial court of admiralty, shall cease to have effect in any dominion as from the commencement of this act. 7. saving for british north america acts and application of the act to canada nothing in this act shall be deemed to apply to the repeal, amendment or alteration of the british north america acts, 1867 to 1930, or any order, rule or regulation made thereunder. the provisions of section two of this act shall extend to laws made by any of the provinces of canada and to the powers of the legislatures of such provinces. the powers conferred by this act upon the parliament of canada or upon the legislatures of the provinces shall be restricted to the enactment of laws in relation to matters within the competence of the parliament of canada, or of any of the legislatures of the provinces respectively. 8. saving for constitution acts of australia and new zealand nothing in this act shall be deemed to confer any power to repeal or alter the constitution or the constitution act of the commonwealth of australia or the constitution act of the dominion of new zealand otherwise than in accordance with the law existing before the commencement of this act. 9. saving with respect to states of australia nothing in this act shall be deemed to authorize the parliament of the commonwealth of australia to make laws on any matter within the authority of the states of australia, not being a matter within the authority of the parliament or government of the commonwealth of australia. [repealed] 10. certain sections of act not to apply to australia, new zealand or newfoundland unless adopted none of the following sections of this act, that is to say, sections two, three, four, five and six, shall extend to a dominion to which this section applies as part of the law of that dominion unless that section is adopted by the parliament of the dominion and any act of that parliament adopting any section of this act may provide that the adoption shall have effect either from the commencement of this act or from such later date as is specified in the adopting act. [repealed] the dominions to which this section applies are the commonwealth of australia, the dominion of new zealand and newfoundland. 11. meaning of "colony" in future acts 52 and 53 vict. c. 63 notwithstanding anything in the interpretation act, 1889, the expression "colony" shall not, in any act of the parliament of the united kingdom passed after the commencement of this act include a dominion or any province or state forming part of a dominion. 12. short title this act may be cited as the statute of westminster, 1931. australia act 1986 an act to bring constitutional arrangements affecting the commonwealth and the states into conformity with the status of the commonwealth of australia as a sovereign, independent and federal nation whereas the prime minister of the commonwealth and the premiers of the states at conferences held in canberra on 24 and 25 june 1982 and 21 june 1984 agreed on the taking of certain measures to bring constitutional arrangements affecting the commonwealth and the states into conformity with the status of the commonwealth of australia as a sovereign, independent and federal nation: and whereas in pursuance of paragraph 51 (xxxviii) of the constitution the parliaments of all the states have requested the parliament of the commonwealth to enact an act in the terms of this act: be it therefore enacted by the queen, and the senate and the house of representatives of the commonwealth of australia, as follows: 1. termination of power of parliament of united kingdom to legislate for australia no act of the parliament of the united kingdom passed after the commencement of this act shall extend, or be deemed to extend, to the commonwealth, to a state or to a territory as part of the law of the commonwealth, of the state or of the territory. 2. legislative powers of parliaments of states it is hereby declared and enacted that the legislative powers of the parliament of each state include full power to make laws for the peace, order and good government of that state that have extra-territorial operation. it is hereby further declared and enacted that the legislative powers of the parliament of each state include all legislative powers that the parliament of the united kingdom might have exercised before the commencement of this act for the peace, order and good government of that state but nothing in this subsection confers on a state any capacity that the state did not have immediately before the commencement of this act to engage in relations with countries outside australia. 3. termination of restrictions on legislative powers of parliaments of states the act of the parliament of the united kingdom known as the colonial laws validity act 1865 shall not apply to any law made after the commencement of this act by the parliament of a state. no law and no provision of any law made after the commencement of this act by the parliament of a state shall be void or inoperative on the ground that it is repugnant to the law of england, or to the provisions of any existing or future act of the parliament of the united kingdom, or to any order, rule or regulation made under any such act, and the powers of the parliament of a state shall include the power to repeal or amend any such act, order, rule or regulation in so far as it is part of the law of the state. 4. powers of state parliaments in relation to merchant shipping sections 735 and 736 of the act of the parliament of the united kingdom known as the merchant shipping act 1894, in so far as they are part of the law of a state, are hereby repealed. 5. commonwealth constitution, constitution act and statute of westminster not affected sections 2 and 3(2) above: are subject to the commonwealth of australia constitution act and to the constitution of the commonwealth; and do not operate so as to give any force or effect to a provision of an act of the parliament of a state that would repeal, amend or be repugnant to this act, the commonwealth of australia constitution act, the constitution of the commonwealth or the statute of westminster 1931 as amended and in force from time to time. 6. manner and form of making certain state laws notwithstanding sections 2 and 3(2) above, a law made after the commencement of this act by the parliament of a state respecting the constitution, powers or procedure of the parliament of the state shall be of no force or effect unless it is made in such manner and form as may from time to time be required by a law made by that parliament, whether made before or after the commencement of this act. 7. powers and functions of her majesty and governors in respect of states her majesty's representative in each state shall be the governor. subject to subsections (3) and (4) below, all powers and functions of her majesty in respect of a state are exercisable only by the governor of the state. subsection (2) above does not apply in relation to the power to appoint, and the power to terminate the appointment of, the governor of a state. while her majesty is personally present in a state, her majesty is not precluded from exercising any of her powers and functions in respect of the state that are the subject of subsection (2) above. the advice to her majesty in relation to the exercise of the powers and functions of her majesty in respect of a state shall be tendered by the premier of the state. 8. state laws not subject to disallowance or suspension of operation an act of the parliament of a state that has been assented to by the governor of the state shall not, after the commencement of this act, be subject to disallowance by her majesty, nor shall its operation be suspended pending the signification of her majesty's pleasure thereon. 9. state laws not subject to withholding of assent or reservation no law or instrument shall be of any force or effect in so far as it purports to require the governor of a state to withhold assent from any bill for an act of the state that has been passed in such manner and form as may from time to time be required by a law made by the parliament of the state. no law or instrument shall be of any force or effect in so far as it purports to require the reservation of any bill for an act of a state for the signification of her majesty's pleasure thereon. 10. termination of responsibility of united kingdom government in relation to state matters after the commencement of this act her majesty's government in the united kingdom shall have no responsibility for the government of any state. 11. termination of appeals to her majesty in council subject to subsection (4) below, no appeal to her majesty in council lies or shall be brought, whether by leave or special leave of any court or of her majesty in council or otherwise, and whether by virtue of any act of the parliament of the united kingdom, the royal prerogative or otherwise, from or in respect of any decision of an australian court. subject to subsection (4) below: the enactments specified in subsection (3) below and any orders, rules, regulations or other instruments made under, or for the purposes of, those enactments; and any other provisions of acts of the parliament of the united kingdom in force immediately before the commencement of this act that make provisions for or in relation to appeals to her majesty in council from or in respect of decisions of courts, and any orders, rules, regulations or other instruments made under, or for the purposes of, any such provisions; in so far as they are part of the law of the commonwealth, of a state or of a territory, are hereby repealed. the enactments referred to in subsection (2) (a) above are the following acts of the parliament of the united kingdom or provisions of such acts: the australian courts act 1828, section 15 the judicial committee act 1833 the judicial committee act 1844 the australian constitutions act 1850, section 28 the colonial courts of admiralty act 1890, section 6. nothing in the foregoing provisions of this section: affects an appeal instituted before the commencement of this act to her majesty in council from or in respect of a decision of an australian court; or precludes the institution after that commencement of an appeal to her majesty in council from or in respect of such a decision where the appeal is instituted: pursuant to leave granted by an australian court on an application made before that commencement; or pursuant to special leave granted by her majesty in council on a petition presented before that commencement; but this subsection shall not be construed as permitting or enabling an appeal to her majesty in council to be instituted or continued that could not have been instituted or continued if this section had not been enacted. 12. amendment of statute of westminster sections 4, 9(2) and (3) and 10(2) of the statute of westminster 1931, in so far as they are part of the law of the commonwealth, of a state or of a territory, are hereby repealed. 13. amendment of constitution act of queensland the constitution act 1867-1978 of the state of queensland is in this section referred to as the principal act. section 11a of the principal act is amended in subsection (3): by omitting from paragraph (a): "and signet"; and "constituted under letters patent under the great seal of the united kingdom"; and by omitting from paragraph (b): "and signet"; and "whenever and so long as the office of governor is vacant or the governor is incapable of discharging the duties of administration or has departed from queensland". section 11 b of the principal act is amended: by omitting "governor to conform to instructions" and substituting "definition of royal sign manual"; by omitting subsection (1); and by omitting from subsection (2): "(2)"; "this section and in"; and "and the expression 'signet' means the seal commonly used for the sign manual of the sovereign or the seal with which documents are sealed by the secretary of state in the united kingdom on behalf of the sovereign". section 14 of the principal act is amended in subsection (2) by omitting ", subject to his performing his duty prescribed by section iib,". 14. amendment of constitution act of western australia the constitution act 1889 of the state of western australia is in this section referred to as the principal act. section 50 of the principal act is amended in subsection (3): by omitting from paragraph (a): "and signet"; and "constituted under letters patent under the great seal of the united kingdom"; by omitting from paragraph (b): "and signet"; and "whenever and so long as the office of governor is vacant or the governor is incapable of discharging the duties of administration or has departed from western australia"; and by omitting from paragraph (c): "under the great seal of the united kingdom"; and "during a temporary absence of the governor for a short period from the seat of government or from the state". section 51 of the principal act is amended: by omitting subsection (1); and by omitting from subsection (2): "(2)"; "this section and in"; and "and the expression 'signet' means the seal commonly used for the sign manual of the sovereign or the seal with which documents are sealed by the secretary of state in the united kingdom on behalf of the sovereign". 15. method of repeal or amendment of this act or statute of westminster this act or the statute of westminster 1931, as amended and in force from time to time, in so far as it is part of the law of the commonwealth, of a state or of a territory, may be repealed or amended by an act of the parliament of the commonwealth passed at the request or with the concurrence of the parliaments of all the states and, subject to subsection (3) below, only in that manner. for the purposes of subsection (1) above, an act of the parliament of the commonwealth that is repugnant to this act or the statute of westminster 1931, as amended and in force from time to time, or to any provision of this act or of that statute as so amended and in force, shall, to the extent of the repugnancy, be deemed an act to repeal or amend the act, statute or provision to which it is repugnant. nothing in subsection (1) above limits or prevents the exercise by the parliament of the commonwealth of any powers that may be conferred upon that parliament by any alteration to the constitution of the commonwealth made in accordance with section 128 of the constitution of the commonwealth after the commencement of this act. 16. interpretation in this act, unless the contrary intention appears: appeal includes a petition of appeal, and a complaint in the nature of an appeal. appeal to her majesty in council includes any appeal to her majesty. australian court means a court of a state or any other court of australia or of a territory other than the high court. court includes ajudge, judicial officer or other person acting judicially. decision includes determination, judgment, decree, order or sentence. governor, in relation to a state, includes any person for the time being administering the government of the state. state means a state of the commonwealth and includes a new state. the commonwealth of australia constitution act means the act of the parliament of the united kingdom known as the commonwealth of australia constitution act. the constitution of the commonwealth means the constitution of the commonwealth set forth in section 9 of the commonwealth of australia constitution act, being that constitution as altered and in force from time to time. the statute of westminster 1931 means the act of the parliament of the united kingdom known as the statute of westminster 1931. the expression a law made by that parliament in section 6 above and the expression a law made by the parliament in section 9 above include, in relation to the state of western australia, the constitution act 1889 of that state. a reference in this act to the parliament of a state includes, in relation to the state of new south wales, a reference to the legislature of that state as constituted from time to time in accordance with the constitution act, 1902, or any other act of that state, whether or not, in relation to any particular legislative act, the consent of the legislative council of that state is necessary. 17. short title and commencement this act may be cited as the australia act 1986. this act shall come into operation on a day and at a time to be fixed by proclamation. preamble we, the people of rwanda, honouring our valiant ancestors who sacrificed themselves to found rwanda and the heroes who struggled for security, justice, freedom, and the restoration of our national tranquillity, dignity and pride; considering that we enjoy the privilege of having one country, a common language, a common culture and a long shared history which must enable us to have a common vision of our destiny; conscious of the genocide committed against tutsi that decimated more than a million sons and daughters of rwanda, and conscious of the tragic history of our country; mindful that peace, security, unity and reconciliation of the people of rwanda are the pillars of development; committed to building a state governed by the rule of law, based on the respect for human rights, freedom and on the principle of equality of all rwandans before the law as well as equality between men and women; committed further to building a state based on consensual and pluralistic democracy founded on power sharing, national unity and reconciliation, good governance, development, social justice, tolerance and resolution of problems through dialogue; committed to preventing and punishing the crime of genocide, fighting genocide negationism and revisionism, eradicating genocide ideology and all its manifestations, divisionism and discrimination based on ethnicity, region or any other ground; committed to upholding our values based on family, morality and patriotism, and ensuring that all state organs serve our common interest; exercising our sovereign and inalienable right to freely choose the form of government for our country; do hereby revise, through a referendum, the constitution of the republic of rwanda of 04 june 2003 as amended: chapter one. sovereignty of rwandans and the supremacy of the constitution article one. source of national sovereignty all power derives from rwandans and is exercised in accordance with this constitution. no individual or section of people can arrogate to themselves the exercise of power. national sovereignty belongs to rwandans who exercise it directly by means of referendum, elections, or through their representatives. article 2. suffrage suffrage is universal and equal for all rwandans. all rwandans, both men and women, fulfilling the requirements provided for by law, have the right to vote and to be elected. suffrage is direct or indirect and secret, unless this constitution or any other law provides otherwise. an organic law governing elections determines conditions and modalities for conducting elections. article 3. supremacy of the constitution the constitution is the supreme law of the country. any law, decision or act contrary to this constitution is without effect. chapter ii. republic of rwanda article 4. the republic the rwandan state is an independent, sovereign, democratic, social and secular republic. the founding principle of the republic of rwanda is: "government of rwandans, by rwandans and for rwandans". article 5. territory of rwanda and administrative entities rwanda's territory comprises areas covered by land, rivers, lakes and airspace located within the borders of the republic of rwanda. in determining rwanda's territory, consideration is given to rwanda's boundaries as defined by international treaties ratified by rwanda and rwandan laws. the territory of rwanda is divided into administrative entities determined by an organic law that also sets their number, boundaries and structures. article 6. decentralisation public powers are decentralised at local administrative entities in accordance with provisions of law. a law determines the organisation and functioning of decentralised entities. article 7. capital city the capital of the republic of rwanda is the city of kigali. a law determines the organisation and functioning of the capital city. a law may relocate the capital city elsewhere in rwanda. article 8. national language and official languages the national language is ikinyarwanda. the official languages are ikinyarwanda, english and french. an organic law may add or remove an official language. official documents may be either in one, two or all of the official languages. article 9. national symbols of rwanda the national symbols of rwanda are the national flag, the motto of the republic, the seal of the republic and the national anthem. the flag comprises the following colours: from bottom to top a green stripe, followed by a yellow stripe both of which cover half the flag. the upper half is blue and bears on its right-hand side the image of the sun with its rays of golden yellow. the sun and its rays are separated by a blue ring. the motto of the republic is: “ubumwe, umurimo, gukunda igihugu”. the seal of the republic is made up of a circular green rope with a green knot at the base, bearing on its upper part, the imprints “repubulika y'u rwanda”. at the bottom of the knot is the motto of the republic: “ubumwe, umurimo, gukunda igihugu”. all these inscriptions are in black against a yellow background. the seal of the republic also bears the following ideograms: the sun with its rays, sorghum and coffee tree, a basket, a blue wheel with teeth and two shields one on the right and one on the left. the national anthem is "rwanda nziza". specific laws determine details relating to national symbols. chapter iii. fundamental principles and home-grown solutions article 10. fundamental principles the state of rwanda commits itself to upholding the following fundamental principles and ensuring their respect: prevention and punishment of the crime of genocide, fighting against denial and revisionism of genocide as well as eradication of genocide ideology and all its manifestations; eradication of discrmination and divisionism based on ethnicity, region or on any other ground as well as promotion of national unity; equitable power sharing; building a state governed by the rule of law, a pluralistic democratic government, equality of all rwandans and between men and women which is affirmed by women occupying at least thirty percent (30%) of positions in decision-making organs; building a state committed to promoting social welfare and establishing appropriate mechanisms for equal opportunity to social justice; constant quest for solutions through dialogue and consensus. article 11. rwandan culture as a source of home-grown solutions in order to build the nation, promote national culture and restore dignity, rwandans, based on their values, initiate home-grown mechanisms to deal with matters that concern them. laws may establish different mechanisms for home-grown solutions. chapter iv. human rights and freedoms section one. rights and freedoms article 12. right to life everyone has the right to life. no one shall be arbitrarily deprived of life. article 13. inviolability of a human being a human being is sacred and inviolable. the state has an obligation to respect, protect and defend the human being. article 14. right to physical and mental integrity everyone has the right to physical and mental integrity. no one shall be subjected to torture or physical abuse, or cruel, inhuman or degrading treatment. no one shall be subjected to experimentation without his or her informed consent. modalities of the consent and experiments are determined by law. article 15. equality before the law all persons are equal before the law. they are entitled to equal protection of the law. article 16. protection from discrimination all rwandans are born and remain equal in rights and freedoms. discrimination of any kind or its propaganda based on, inter alia, ethnic origin, family or ancestry, clan, skin colour or race, sex, region, economic categories, religion or faith, opinion, fortune, cultural differences, language, economic status, physical or mental disability or any other form of discrimination are prohibited and punishable by law. article 17. right to marry and found a family the right to marry and found a family is guaranteed by the law. a civil monogamous marriage between a man and a woman is the only recognised marital union. however, a monogamous marriage between a man and a woman contracted outside rwanda in accordance with the law of the country of celebration of that marriage is recognised. no one can be married without his or her free and full consent. spouses are entitled to equal rights and obligations at the time of marriage, during the marriage and at the time of divorce. a law determines conditions, formalities and consequences of marriage. article 18. protection of the family the family, being the natural foundation of the rwandan society, is protected by the state. both parents have the right and responsibility to raise their children. the state puts in place appropriate legislation and organs for the protection of the family, particularly the child and mother, in order to ensure that the family flourishes. article 19. child’s right to protection every child has the right to specific mechanisms of protection by his or her family, other rwandans and the state, depending on his or her age and living conditions, as provided for by national and international law. article 20. right to education every rwandan has the right to education. freedom of learning and teaching is guaranteed in accordance with conditions determined by law. primary education is compulsory and free in public schools. conditions for free primary education in schools subsidised by the government are determined by law. a law also determines the organisation of education. article 21. right to good health all rwandans have the right to good health. article 22. right to a clean environment everyone has the right to to live in a clean and healthy environment. article 23. respect for privacy of a person and of family the privacy of a person, his or her family, home or correspondence shall not be subjected to interference in a manner inconsistent with the law; the person's honour and dignity shall be respected. a person's home is inviolable. no search or entry into a home shall be carried out without the consent of the owner, except in circumstances and in accordance with procedures determined by the law. confidentiality of correspondence and communication shall not be waived except in circumstances and in accordance with procedures determined by the law. article 24. right to liberty and security of person a person's liberty and security are guaranteed by the state. no one shall be subjected to prosecution, arrest, detention or punishment unless provided for by laws in force at the time the offence was committed. no one shall be subjected to security measures except as provided for by law and for reasons of public order or state security. article 25. right to a country and nationality every rwandan has the right to his or her country. no rwandan can be banished from his or her country. every rwandan has the right to rwandan nationality. dual nationality is permitted. no one can be deprived of rwandan nationality of origin. all persons of rwandan origin and their descendants are, upon request, entitled to rwandan nationality. an organic law governs rwandan nationality. article 26. right to freedom of movement and residence every rwandan has the right to move freely and to reside anywhere in rwanda. every rwandan has the right to leave rwanda and to return. these rights may only be restricted by law for reasons of public order and of national security, in order to avert a public threat or to protect persons in danger. article 27. right to participate in government and public services all rwandans have the right to participate in the government of the country, either directly or through their freely chosen representatives, in accordance with the law. all rwandans have the right of equal access to the public service in accordance with their competence and abilities. article 28. right to seek asylum the right to seek asylum is recognised under conditions determined by law. article 29. right to due process of law everyone has the right to due process of law, which includes the right: to be informed of the nature and cause of charges and the right to defence and legal representation; to be presumed innocent until proved guilty by a competent court; to appear before a competent court; not to be subjected to prosecution, arrest, detention or punishment on account of any act or omission which did not constitute an offence under national or international law at the time it was committed. offences and their penalties are determined by law; not to be held liable for an offence he or she did not commit. criminal liability is personal; not to be punished for an offence with a penalty that is severer than the penalty provided for by the law at the time that offence was committed; not to be imprisoned merely on the ground of inability to fulfil a contractual obligation; not to be prosecuted or punished for a crime which has reached its statute of limitations. however, the crime of genocide, crimes against humanity and war crimes are not subject to statute of limitations. a law may determine other crimes which are not subject to statute of limitations. rwanda cannot extradite any rwandan to another country. extradition of foreigners is authorised only if it is in accordance with the law or international agreements to which rwanda is a party. article 30. right to free choice of employment everyone has the right to free choice of employment. all individuals, without any form of discrimination, have the right to equal pay for equal work. article 31. right to form trade unions and employers’associations the right to form trade unions for the defence and promotion of legitimate professional interests is recognised. every worker may defend his or her rights through a trade union in accordance with the law. every employer has the right to join an employers association. article 32. right to collective bargaining trade unions and employers associations have the right to engage in collective bargaining and may enter into general or specific agreements regulating their working relations. modalities for making these agreements are determined by law. article 33. right to strike the right of workers to strike is permitted and is exercised within the limits provided for by the law. this right shall not be exercised in a manner that infringes upon somebody else's freedom at work, which is guaranteed to everyone. article 34. right to private property everyone has the right to private property, whether individually or collectively owned. private property, whether owned individually or collectively, is inviolable. the right to property shall not be encroached upon except in public interest and in accordance with the provisions of the law. article 35. right to private ownership of land private ownership of land and other rights related to land are granted by the state. a law determines modalities of concession, transfer and use of land. article 36. right to activities promoting national culture every rwandan has the right to activities that promote national culture and the duty to promote it. article 37. freedom of conscience and religion freedom of thought, conscience, religion, worship and public manifestation thereof is guaranteed by the state in accordance with the law. propagation of ethnic, regional, racial discrimination or any other form of division is punished by law. article 38. freedom of press, of expression and of access to information freedom of press, of expression and of access to information are recognised and guaranteed by the state. freedom of expression and freedom of access to information shall not prejudice public order, good morals, the protection of the youth and children, the right of every citizen to honour and dignity and protection of personal and family privacy. conditions for exercising and respect for these freedoms are determined by law. article 39. right to freedom of association the right to freedom of association is guaranteed and does not require prior authorisation. this right is exercised under conditions determined by law. article 40. right to freedom of assembly the right to freedom of peaceful and unarmed assembly is guaranteed. this right is exercised in accordance with the law. this right does not require prior authorisation, except when provided for by the law. article 41. limitation of rights and freedoms in exercising rights and freedoms, everyone is subject only to limitations provided for by the law aimed at ensuring recognition and respect of other people's rights and freedoms, as well as public morals, public order and social welfare which generally characterise a democratic society. section 2. promotion and protection of rights and freedoms article 42. promotion of human rights the promotion of human rights is a responsibility of the state. this responsibility is particularly exercised by the national commission for human rights. this commission is independent. article 43. protection of rights and freedoms the judiciary is the guardian of human rights and freedoms. this duty is exercised in accordance with this constitution and other laws. chapter v. duties of the state and of citizens article 44. respect for state property everyone has a duty to respect state property. state property is composed of public and private property of the state, as well as the public and private property of decentralised government entities and public institutions with legal personality. public state property is inalienable unless there has been prior transfer thereof to the private state property in accordance with the law. any act intended to damage, destroy, embezzle and squander state property is punished by law. article 45. promotion of activities aimed at good health the state has the duty to mobilise the population for activities aimed at good health and to assist them in the realisation of those activities. every rwandan has the duty to take part in activities aimed at good health. article 46. maintaining of good relations with others every rwandan has the duty to respect and consider his or her fellow beings without discrimination, and to maintain relations aimed at safeguarding, promoting and reinforcing mutual respect, solidarity and tolerance. article 47. safeguard and promotion of national culture the state has the duty to safeguard and promote national values based on cultural traditions and practices so long as they do not conflict with human rights, public order and good morals. the state also has the duty to preserve the national cultural heritage. article 48. participation in the development of the country the state has the duty to put in place development strategies for its citizens. all rwandans have the duty to participate in the development of the country through their dedication to work, safeguarding peace, democracy, equality and social justice as well as to participate in the defence of their country. a law governs the organisation of national service. article 49. respect of the constitution and other laws every rwandan has the duty to respect the constitution and the other laws of the country. every rwandan has the right to defy superior orders if they constitute a serious and obvious violation of human rights and freedoms. article 50. welfare of needy survivors of the genocide against tutsi the state, within the limits of its means and in accordance with the law, has the duty to undertake special actions aimed at the welfare of the needy survivors of the genocide against tutsi. article 51. welfare of persons with disabilities and other needy persons the state has the duty to establish special measures facilitating the education of persons with disabilities. the state also has the duty, within its means, to undertake special actions aimed at the welfare of persons with disabilities. the state has also the duty, within the limits of its means, to undertake special actions aimed at the welfare of the indigent, the elderly and other vulnerable groups. article 52. preservation of memorial sites of the genocide against tutsi the state and everyone have the duty to preserve and safeguard memorial sites of the genocide against tutsi. article 53. protection of the environment everyone has the duty to protect, safeguard and promote the environment. the state ensures the protection of the environment. a law determines modalities for protecting, conserving and promoting the environment. chapter vi. political organisations article 54. recognition of political organisations a multiparty system is recognised. political organisations fulfilling the conditions required by law may be formed and operate freely. duly registered political oganisations receive state grants. an organic law determines the modalities for the establishment and functioning of political organisations, the conduct of their leaders, and the process of receiving state grants. article 55. freedom to join a political organisation every rwandan has a right to join a political organisation of his or her choice, or not to join any. no rwandan shall be subject to discrimination on grounds of membership in a given political organisation, or non-membership in a political organisation. article 56. obligations of political organisations political organisations must always reflect the unity of rwandans as well as equality and complementarity of men and women in the recruitment of members, in establishing their leadership organs, and in their functioning and activities. political organisations must abide by the constitution and other laws. they must conform to democratic principles and not compromise national unity, territorial integrity and national security. article 57. prohibitions for political organisations political organisations are prohibited from basing themselves on race, ethnic group, tribe, lineage, region, sex, religion or any other division which may lead to discrimination. article 58. holding accountable a political organisation the senate holds accountable a political organisation which has grossly violated obligations provided for in articles 10, 56 and 57 of this constitution. depending on the gravity of the violation identified, the senate may request the institution in charge of political organisations to take any of the following measures against that political organisation: formal warning; suspension of its activities for a period not exceeding two years; suspension of its activities for the entire parliamentary term; cancellation of the certificate of registration of a political organisation. in the event that the decision is the cancellation of the certificate of registration of a political organisation, members of the chamber of deputies seconded by that political organisation automatically lose their parliamentary seats. article 59. national consultative forum of political organisations the national consultative forum of political organisations brings together political organisations for the purposes of political dialogue, and building consensus and national cohesion. the functioning of the national consultative forum of political organisations is provided for by the organic law determining modalities for the creation of political organisations, their functioning and the code of conduct of their leaders. article 60. persons whose services are incompatible with membership in political organisations judges, prosecutors, soldiers, police officers and members of national intelligence and security services are prohibited from being members of political organisations. a law may determine other persons whose services are incompatible with membership in political organisations. chapter vii. branches of government section one. general provisions article 61. branches of government branches of government are the following: the legislature the executive the judiciary the three branches are separate and independent from each other but are all complementary. their responsibilities, organisation and functioning are defined by this constitution. the state must ensure that duties in the legislature, executive and judiciary are entrusted to persons of competence and integrity. article 62. power sharing power sharing is respected in state institutions in accordance with the fundamental principles set out under article 10 of this constitution and the provisions of other laws. the president of the republic and the speaker of the chamber of deputies cannot come from the same political organisation. cabinet members are selected from political organisations on the basis of seats held by those political organisations in the chamber of deputies. however, a political organisation holding the majority of seats in the chamber of deputies cannot have more than fifty (50%) per cent of cabinet members. it is not prohibited for other competent persons to be appointed to cabinet. in parliament, the principle of representation of various categories is respected as provided for by this constitution and other laws. article 63. oath of public officials officials required by this constitution and other laws to take an oath of office, except for the president of the republic who has a distinct oath, swear as follows: “i, ……………………, do solemnly swear to rwanda that i will: remain loyal to the republic of rwanda; abide by the constitution and other laws; safeguard human rights and the interests of the rwandan people; strive for national unity; diligently fulfil the responsibilities entrusted to me; never use powers conferred upon me for personal interests. should i fail to honour this oath, may i be subjected to the rigours of the law. so help me god”. section 2. the legislature subsection one. general provisions article 64. the parliament legislative power is vested in a parliament composed of two chambers: the members of the chamber of deputies are known as “deputies”; the members of the senate are known as “senators”. parliament debates and passes laws. it legislates and exercises control over the executive in accordance with procedures determined by this constitution. article 65. guiding principles of members of parliament every member of parliament represents the nation as a whole and not only those who elected or nominated him or her, or the political organisation which seconded his or her candidacy during elections. the voting right of a member of parliament is personal. members of parliament are not subject to any instructions in the exercise of their voting right. article 66. commencement of office for members of parliament before assuming their duties, members of parliament take an oath of office before the president of the republic, or in his or her absence before the president of the supreme court. on commencement of each parliamentary term of office, the first sitting of each chamber is devoted to the election of the bureau composed of the speaker and deputy speakers of the chamber of deputies and the president and vice presidents of the senate. this sitting is convened and presided over by the president of the republic within a period of fifteen (15) days after the announcement of the election results. the president of senate and the speaker of the chamber of deputies must be of rwandan nationality by origin and must not hold any other nationality. before assuming their duties, members of the bureau of each chamber of parliament take an oath of office before the president of the republic. the composition of the bureau of each chamber of parliament, duties of its members as well as the modalities for holding sessions are provided for by the organic law determing the functioning of each chamber of parliament. article 67. duties incompatible with those of a parliamentarian no one can be a member of the chamber of deputies and the senate at the same time. being a deputy or a senator is incompatible with being a cabinet member. the organic laws determining the functioning of the chambers of parliament provides for other duties incompatible with the office of member of parliament. entitlements for members of parliament are determined by an organic law. article 68. immunity of members of parliament and their prosecution no member of parliament may be prosecuted, pursued, arrested, detained or judged for his or her opinion expressed or vote cast in the exercise of his or her duties. no member of parliament suspected of a felony or misdemeanour may be prosecuted or arrested without the authorisation of the chamber of which he or she is a member by a two thirds (2/3) majority vote of members present, unless he or she is caught red-handedly committing a felony or misdemeanour. in case parliament is in recess, an extraordinary session is convened for this purpose. any member of parliament definitively convicted of a felony or misdemeanour automatically loses his or her parliamentary office. each chamber of parliament through the organic law determining its functioning may provide for gross misconduct which may lead to the removal from office of a member of that chamber upon approval of its members. in that case, the decision for removal is taken by a three-fifths (3/5) majority vote of members of the concerned chamber. article 69. venue for plenary sittings of chambers of parliament chambers of parliament hold their plenary sittings at designated buildings in the capital city, except in the event of force majeure confirmed by the supreme court at the request of the president of the senate or the speaker of the chamber of deputies. in case the supreme court is unable to sit, the president of the republic determines the venue where the parliament holds its sittings by decree-law. article 70. sittings of plenary sessions for each chamber of parliament to duly sit, it must hold its meetings at designated buildings, upon official invitation, with an agenda, during sessions, and with a presence of at least three fifths (3/5) of its members. subject to the provisions of article 69 of this constitution, resolutions of a plenary sitting held contrary to the first paragraph of this article are without effect. the sittings of each chamber of parliament are public. however, each chamber of parliament may decide, by an absolute majority vote of its members present, to sit in camera upon request of the president of the republic, the president of senate, the speaker of the chamber of deputies, one quarter (1/4) of the members of the concerned chamber or the prime minister. article 71. joint sittings of the chambers of parliament the chambers of parliament cannot meet in a joint sitting, except in case of matters that this constitution or other laws require to be jointly considered, or on the occasion of national ceremonies to be jointly attended. when parliament meets in joint sitting, it is presided over by the speaker of the chamber of deputies, in his or her absence, by the president of the senate. the president of the republic, after consultation with the bureau of each chamber of parliament and the supreme court, may establish other matters to be considered jointly by both chambers of parliament. modalities for taking decisions when parliament meets in a joint sitting, are provided for by the organic laws governing the functioning of the chambers of parliament. article 72. sessions of chambers of parliament sittings of each chamber of parliament take place during ordinary and extraordinary sessions. in both chambers of parliament, ordinary sessions commence on the same day and have the same duration. ordinary sessions are convened by the president of the senate or the speaker of the chamber of deputies. these sessions take place on dates specified in the organic laws governing the functioning of the chambers of parliament. each chamber of parliament meets in an extraordinary session on invitation by its leader after consultation with the other members of the concerned bureau or at the request of the president of the republic following a proposal by cabinet or at the request of one quarter (1/4) of the members of the chamber of parliament concerned. an extraordinary joint session of parliament may be convened by mutual agreement of the president of the senate and the speaker of the chamber of deputies, at the request of the president of the republic, or one quarter (1/4) of the members of each chamber of parliament. an extraordinary session considers only matters for which it was convened and which were brought to the notice of the members of the concerned chamber or the entire parliament before commencement of the session. an extraordinary session cannot exceed fifteen (15) days. article 73. functioning of each chamber of parliament an organic law determines the functionning of each chamber of parliament. article 74. autonomy of each chamber of parliament each chamber of parliament has its own budget and enjoys financial and administrative autonomy. subsection 2. the chamber of deputies article 75. composition of the chamber of deputies and election of its members the chamber of deputies is composed of eighty (80) deputies. they originate and are elected from the following categories: fifty-three (53) deputies elected from a fixed list of names of candidates proposed by political organisations or independent candidates elected by direct universal suffrage based on proportional representation; twentyfour (24) women elected by specific electoral colleges in accordance with the national administrative entities; two (2) deputies elected by the national youth council; one (1) deputy elected by the national council of persons with disabilities. the organic law governing elections may increase or decrease the number of deputies or the categories mentioned in the first paragraph of this article. at least thirty percent (30%) of deputies must be women. article 76. term of office of deputies deputies are elected to a five-year (5) term. they may be re-elected to additional terms. article 77. vacation of office of deputies a deputy vacates his or her seat in the following circumstances: resignation from the chamber of deputies; expulsion from the chamber of deputies; resignation from the political organisation that seconded him or her; expulsion from the political organisation that seconded him or her, in accordance with provisions of the organic law governing political organisations; revocation of the certificate of registration of the political organisation that seconded him or her; joining another political organisation; death; permanent impediment to fulfil his or her responsibilties. disputes relating to the decision to expel a deputy from the chamber of deputies or a political organisation are adjudicated by a competent court. article 78. replacement of a deputy a deputy who vacates his or her seat under the terms of article 77 of this constitution is replaced in accordance with the organic law governing elections. article 79. dissolution of the chamber of deputies for election purposes for elections purposes, the president of the republic dissolves the chamber of deputies at least thirty (30) days and not more than sixty (60) days before the end of the parliamentary term. elections of members of the chamber of deputies are held in the period specified in the preceding paragraph, before the end of their term of office. subsection 3. the senate article 80. composition of the senate the senate is composed of twenty-six (26) senators elected or appointed as follows: twelve (12) senators elected by specific electoral colleges in accordance with national administrative entities; eight (8) senators appointed by the president of the republic, giving particular consideration to the principles of national unity, the representation of historically marginalised groups, and any other national interests; four (4) senators designated by the national consultative forum of political organisations; one (1) academician or researcher from public universities and institutions of higher learning, holding at least the rank of associate professor, elected by the academic and research staff of the same universities and institutions; one (1) academician or researcher from private universities and institutions of higher learning, holding at least the rank of associate professor, elected by the academic and research staff of the same universities and institutions. in addition to the senators referred to in the first paragraph of this article, former heads of state who successfully completed their term of office or resigned voluntarily, may become members of the senate upon their request to the president of the senate and approved by the bureau of the senate within thirty (30) days. modalities by which the supreme court approves the list of candidates to the position of senators, their requirements and their election are determined by the organic law governing elections. the organic law governing elections may also increase or reduce the number and categories referred to in the first paragraph of this article. senators appointed by the president of the republic are not subject to approval by the supreme court and their appointment follows the election and designation of senators from other organs. the organs responsible for the nomination of senators take into account national unity and the principle of gender equality. at least thirty percent (30%) of elected and appointed senators must be women. disputes arising from the application of this article are adjudicated by a competent court. article 81. term of office of members of the senate elected and appointed senators serve a five (5) year term, renewable once. senators who are former heads of the state are not subject to term limits. article 82. circumstances for vacation of office of a senator a senator vacates his or her seat in the following circumstances: resignation; death; removal from office by a court decision; or a permanent impediment to fulfil his or her responsibilties. article 83. replacement of a senator when an elected senator vacates his or her seat for any of the reasons specified in article 82 of this constitution, he or she is replaced in accordance with provisions of the organic law governing elections. in the case of an appointed senator, the appointing authority designates his or her replacement. the newly elected or appointed senator completes the term of office of his or her predecessor. he or she is eligible for another term of office. article 84. particular responsibility for the senate the senate in particular monitors the application of fundamental principles specified in article 10 and that of the provisions of articles 56 and 57 of this constitution. article 85. powers of the senate in legislative matters in legislative matters, the senate is competent to vote on the following: revision or amendment of the constitution; organic laws; laws approving international treaties and agreements on armistice, peace, accession to international organisations, modification of national laws, or those approving international treaties and agreements relating to the status of persons; laws on defence and national security. article 86. powers of the senate to approve the appointment of officials the senate has the powers to approve the appointment of: the president, the vice president and the judges of the supreme court, the president and vice president of the high court and of the commercial high court, the prosecutor general and the deputy prosecutor general; chairpersons, vice chairpersons and other commissioners of national commissions, the ombudsman and his or her deputies, the auditor general of the state finances and his or her deputy, ambassadors and permanent representatives to international organisations, provincial governors and heads of public institutions and parastatals with legal personality; the senate also approves, where necessary, the appointment of other public officials determined by law. the government transmits to the senate the names and biographical information of officials referred to in the first and second paragraphs of this article. article 87. transmission of draft laws to the senate the speaker of the chamber of deputies transmits to the president of the senate draft laws adopted by the chamber of deputies, relating to matters specified in article 85 of this constitution. subsection 4. initiation and adoption of laws article 88. right to initiate and amend laws initiation and amendment of laws is the right of every deputy or the government acting through cabinet. however, the senate initiates the draft organic law determining the functionning of the senate. the initiator of a draft law transmits it to the speaker of the chamber of deputies. article 89. draft of a law likely to affect the national budget if a draft or an amendment of a law has the potential to reduce government revenue or increase state expenditure, the initiator must indicate how the state will raise revenues or make savings equivalent to the anticipated expenditure. article 90. examination of draft laws by committees draft laws determined by the plenary sitting to have relevance are transmitted to the relevant parliamentary committee of the chamber of parliament for examination prior to their consideration and adoption in the plenary sitting. during the consideration of the relevance of a draft law, the chamber of parliament may decide if the draft law may be adopted in the plenary sitting without prior consideration by the relevant committee. article 91. procedures for adoption of law ordinary laws are passed by an absolute majority vote of deputies or senators present. organic laws are passed by a three fifths (3/5) majority vote of deputies or senators present entitled to vote. the mode and procedure for voting are provided for by organic laws determining the functioning of chambers of parliament. article 92. initiation and adoption of decree-laws if it is absolutely impossible for the parliament to sit, the president of the republic may during that time promulgate decree-laws approved by cabinet. these decree-laws have the same force as ordinary laws. these decree-laws cease to have legal force if not adopted by the parliament at its next session. article 93. urgent consideration of a draft law or any other matter urgent consideration of a draft law or any other matter may be requested by either a member of parliament or by the government by petitioning the relevant chamber of parliament. when the petition is submitted by a member of parliament, the relevant chamber decides on the urgency. when the petition is submitted by government, it is granted provided there are reasonable grounds. when the urgency of the draft law or the matter is confirmed, it is considered before other items on the agenda. article 94. joint committee of parliament draft laws subject to examination by the senate are transmitted to the senate after adoption by the chamber of deputies. if the draft law is not approved by the senate or the amendments proposed by the senate are not accepted by the chamber of deputies, a joint committee composed of an equal number of deputies and senators is established to make proposals on the outstanding matters. a joint committee of parliament may also be established, if approved by the plenary assembly of each chamber of parliament by a three-fifth (3/5) majority vote of its members, to decide on any other matter identified in the law adopted by both chambers of parliament so long as the law has not been transmitted for promulgation. the plenary assembly of each chamber of parliament is notified of the conclusion reached by the joint committee for decision. failure to reach a conclusion by both chambers of parliament, the draft law is returned to its initiator. subsection 5. hierarchy of laws and their authentic interpretation article 95. hierarchy of laws the hierarchy of laws is as follows: constitution; organic law; international treaties and agreements ratified by rwanda; ordinary law; orders. a law cannot contradict another law that is higher in hierarchy. organic laws are those designated as such and empowered by this constitution to regulate other key matters in the place of the constitution. article 96. authentic interpretation of laws authentic interpretation of laws is done by the supreme court. authentic interpretation of laws may be requested by cabinet or the bar association. any interested person may request for an authentic interpretation of a law through the bar association. in case of conflict between the languages in which a law was published in the official gazette, the language in which that law was adopted prevails. section 3. the executive article 97. exercise of executive power executive power is vested in the president of the republic and in cabinet. subsection one. the president of the republic article 98. responsibilities of the president of the republic the president of the republic is the head of state. the president of the republic is the defender of the constitution and the guarantor of national unity. the president of the republic ensures the continuity of the state, independence and sovereignty of the country and the respect of international treaties. the president of the republic, once every year, delivers the state of the nation address. article 99. requirements of a candidate for the office of president of the republic a candidate for the office of the president of the republic must: be of rwandan nationality by origin; not hold any other nationality; be irreproachable in his or her conduct and social relations; not have been definitively sentenced to an imprisonment of six (6) months or more; not have been deprived of civil and political rights by a court decision; be at least thirty five (35) years old at the time of his or her candidacy; reside in rwanda at the time of submitting his or her candidacy. article 100. period and procedure for conducting presidential elections elections for the president of the republic are held at least thirty (30) days and not more than sixty (60) days before the end of the term of the incumbent president. the organic law governing elections determines the procedure for submitting presidential candidacy, conducting elections, counting of ballots, resolving election disputes, proclamation of electoral results its timing. the organic law also determines other necessary matters to ensure fair and free elections. article 101. term of office of the president of the republic the president of the republic is elected for a five (5) year term. he or she may be re-elected once. article 102. oath of the president of the republic before assuming office, the president of the republic publicly swears the following oath before the president of the supreme court: “i, …………………………, do solemnly swear to rwanda that i will: remain loyal to the republic of rwanda; observe and defend the constitution and other laws; diligently fulfil responsibilities entrusted to me; preserve peace and national sovereinty; consolidate national unity; never use the powers conferred upon me for personal interests; strive for the interests of all rwandans. should i fail to honour this oath, may i be subjected to the rigours of the law. so help me god.” the president of the republic takes the oath of office within thirty (30) days following his or her election. his or her oath of office is administered by the president of the supreme court. article 103. duties incompatible with the office of the president of the republic the office of the president of the republic is incompatible with any other elective public office, other public civilian or military positions or any other profession. article 104. presidential transition the incumbent president of the republic remains in office until the president-elect assumes office. however, the incumbent president cannot, during this transitional period, exercise the following powers: declare war; declare a state of siege or a state of emergency; call a referendum; grant mercy to persons definitively sentenced by courts of law. similarly, the constitution cannot be amended during that period. in case the president-elect dies, is permanently unable to assume office or chooses not to take office, new elections are organised. article 105. replacing, or acting on behalf of, the president of the republic the president of the republic ceases to hold office if he or she is definitively sentenced by the supreme court for treason or a serious and deliberate violation of the constitution. the decision authorising charges to be filed against the president of the republic in the supreme court is taken by a two-thirds (2/3) majority vote of members of each chamber of parliament in a joint sitting. prosecution against the president of the republic is conducted by the prosecutor general, the deputy prosecutor general or both. if the president of the republic is convicted of offences mentioned in the first paragraph of this article, or if he or she dies, resigns, or is permanently incapacitated, the president of the supreme court declares the office of president of the republic vacant. the president of the republic is then replaced in an acting capacity by the president of the senate, or in his or her absence by the speaker of the chamber of deputies, or in the absence of both by the prime minister. permanent incapacity referred to in the fourth paragraph of this article is certified by a panel of three (3) medical doctors nominated by the minister in charge of health upon request by the president of the supreme court. the acting president of the republic referred to in this article cannot appoint public officials, call a referendum, initiate an amendment to the constitution, exercise the prerogative of mercy, or declare war. in case the office of the president of the republic becomes vacant before the end of the president's term of office, elections to replace him or her are organised within ninety (90) days. his or her successor is elected for the term of office provided for in article 101 of this constitution. when the president of the republic is out of the country, sick or temporarily unable to perform his or her duties, the prime minister serves in an acting capacity. article 106. powers to promulgate laws the president of the republic promulgates a law within thirty (30) days of its receipt. however, before promulgating the law, the president of the republic may request parliament for a second reading. in this case, if the parliament adopts the law by a two-thirds (2/3) majority vote for ordinary laws, or by a three-quarters (3/4) majority vote for organic laws, the president of the republic promulgates the law within the period referred to in the first paragraph of this article. article 107. powers to call a referendum the power to call a referendum is vested in the president of the republic. the president of the republic, after consulting the supreme court, may call a referendum on an issue of national interest, on a constitution, on a draft constitution, on a law or draft law, in accordance with provisions of this constitution or any other law. on request, the president of the republic may also call a referendum on matters referred to in the second paragraph of this article. if the constitution, the draft constitution, the law or the draft law is passed by referendum, the president of the republic promulgates it within a period of eight (8) days from the day the results of the referendum are proclaimed. article 108. powers of the president of the republic in matters of war, state of siege and state of emergency the president of the republic is the commander-in-chief of the rwanda defence force. the president of the republic declares war. he or she signs armistice and peace agreements. the president of the republic declares a state of siege or a state of emergency in accordance with provisions of this constitution and other laws. article 109. prerogative of mercy the president of the republic has the authority to exercise the prerogative of mercy in accordance with the procedures provided for by law and after consultation with the supreme court. article 110. power to issue currency the president of the republic has the power to issue national currency in accordance with procedures determined by law. article 111. power to represent the state the president of the republic represents rwanda in its foreign relations. he or she may also designate his or her representative. the president of the republic appoints rwanda's ambassadors and special envoys to foreign states. ambassadors and special envoys to rwanda present their credentials to the president of the republic. article 112. powers to enact presidential orders the president of the republic enacts presidential orders by virtue of the powers vested in him or her by this constitution and other laws. presidential orders on the following matters are approved by cabinet: implementation of laws if it is within his or her responsibility; establishment and determination of responsibilities of services in the office of the president, the senate, the chamber of deputies, and in the supreme court; coordination of activities and collaboration among national defence and security institutions; appointment and dismissal of the following judges and prosecutors: the president, vice president and judges of the supreme court; the president and vice president of the high court, and the president and vice president of the commercial high court; the prosecutor general and the deputy prosecutor general. appointment and dismissal of the following officials: the director of cabinet in the office of the president of the republic; chairpersons, vice chairpersons and other commissioners of national commissions, heads and deputy heads of government specialised organs, public institutions and parastatals with legal personality; heads and deputy heads of public universities and institutions of higher learning; the principal private secretary to the president of the republic; advisers in the office of the president; heads of services in the office of the president; clerks of parliament and their deputies, secretary general of the supreme court, secretary general of the national public prosecution authority, permanent secretaries in ministries and secretaries general of other public institutions; other heads of public institutions as the law may determine; members of boards of directors of public institutions and government representatives in the enterprises in which the government is a shareholder. the president of the republic may delegate to another official some of the powers referred to in this article. article 113. benefits accorded to the president of the republic an organic law determines the benefits accorded to the president of the republic and former heads of state. however, when a president of the republic was convicted of treason or of serious and deliberate violation of the constitution, he or she is not entitled to the benefits accorded to former heads of state. article 114. exemption from prosecution for a former president of the republic a former president of the republic cannot be prosecuted for treason or serious and deliberate violation of the constitution when no legal proceedings in respect of that offence were brought against him or her while in office. subsection 2. the cabinet article 115. composition of cabinet the cabinet is composed of the prime minister, ministers, state ministers and other members who may be determined by the president of the republic where deemed necessary. article 116. appointment of cabinet members the prime minister is selected, appointed and dismissed by the president of the republic. other cabinet members are appointed by the president of the republic after consultation with the prime minister. the prime minister is appointed within fifteen (15) days after the swearing in of the president of the republic. other cabinet members are appointed within fifteen (15) days following the appointment of the prime minister. article 117. responsibilities of cabinet the cabinet implements national policies agreed upon by the president of the republic and the cabinet meeting. the cabinet is accountable to the president of the republic and the parliament. modalities for exercising oversight over government by parliament are determined by this constitution. article 118. oath of cabinet members before assuming office, the prime minister, ministers, state ministers and other cabinet members publicly swear an oath before the president of the republic. article 119. responsibilities and powers of the prime minister the prime minister has responsibilities and powers to: lead the functioning of government in accordance with main guidelines given by the president of the republic and ensure the implementation of laws; formulate government programmes in consultation with other cabinet members; present government programmes to parliament within thirty (30) days from taking office; assign duties to ministers, state ministers and other cabinet members; convene cabinet meetings, prepare the agenda of cabinet meetings in consultation with other cabinet members, and submit it to the president of the republic and other members of cabinet at least three (3) days before the meeting, except for urgent matters considered by extraordinary cabinet meetings; chair cabinet meetings. however, when the president of the republic is in attendance, he or she chairs; sign orders establishing and determining the organisation and responsibilities of public institutions under his or her authority; sign orders appointing or dismissing the following senior civil servants: director of cabinet in the office of the prime minister; executive secretaries of national commissions; advisers and heads of service in the office of the prime minister; other senior officials of public institutions where not otherwise specified; director generals and directors in parliament, the supreme court, the office of the prime minister, the national public prosecution authority, ministries and other public institutions; national prosecutors, prosecutors at the intermediate and primary levels; civil servants appointed at a similar level as those specified in this article and any other official as the law may determine when necessary. other civil servants are appointed in accordance with specific laws. article 120. countersigning of laws and orders the prime minister countersigns laws adopted by parliament, decree-laws and orders, signed by the president of the republic. orders of the prime minister are countersigned by ministers, state ministers and other cabinet members responsible for their implementation. article 121. implementation of laws by cabinet members ministers, state ministers and other cabinet members implement laws through orders when it is in their responsibilities. article 122. the cabinet meeting the cabinet functions on the principle of collective responsibility. the cabinet meeting deliberates on the following: draft laws and draft decree-laws; drafts of presidential orders, prime minister's orders, orders issued by ministers, state ministers and other cabinet members; all other matters in its competence by virtue of this constitution and other laws. a presidential order determines the functioning, membership and decision-making procedures of cabinet. a presidential order also determines orders issued by ministers, state ministers and by other cabinet members, which are adopted without consideration by cabinet. article 123. incompatibilities with duties of cabinet members as well as their benefits duties of cabinet members are incompatible with being a member of parliament or any other remunerated activity. other duties incompatible with being a member of cabinet are determined by the law on leadership code of conduct. an organic law determines the benefits of cabinet members. article 124. vacation of office of the prime minister and appointment of a new cabinet the prime minister's resignation or vacation of office for any reason leads to the resignation of all the other members of cabinet. the president of the republic receives the resignation of cabinet when submitted by the prime minister. during this period, the outgoing cabinet only handles routine business until a new cabinet is appointed. the president of the republic appoints a new cabinet in accordance with the first and third paragraphs of article 62 as well as the first and second paragraphs of article 116 of this constitution. article 125. resignation of cabinet members any minister, state minister or any other cabinet member may individually tender his or her resignation in writing to the president of the republic through the prime minister. the resignation becomes effective if it is not withdrawn by the concerned person within a period of five (5) days and the president of the republic agrees to it. subsection 3. collaboration between the legislature and the executive article 126. informing cabinet of the activities of parliament each chamber of parliament informs the president of the republic and the prime minister about the agenda of plenary sittings and parliamentary committees. the prime minister and other cabinet members may attend sittings of each chamber of parliament if they wish. they take the floor whenever they request to do so. they may be accompanied by technical advisers of their choice if necessary. these technical advisers may only take the floor during committee meetings. article 127. vote of confidence for government programmes the prime minister may, upon approval by cabinet, request the chamber of deputies to pass a vote of confidence either with respect to the approval of government programmes or adoption of a draft law. the debate on the request for a vote of confidence can only take place after three (3) complete days from the time the request was received. a vote of no confidence may only be passed through a secret ballot by a two-thirds (2/3) majority of members of the chamber of deputies. in case the prime minister loses a vote of confidence, he or she tenders a resignation of cabinet to the president of the republic, within twenty four (24) hours. article 128. modalities of exercising oversight by the chamber of deputies over government activities the chamber of deputies uses the following methods to obtain information and exercise oversight over government activities: oral questions; written questions; hearings before committees; commissions of inquiry; interpellation. an organic law determines the procedures by which parliament obtains information and exercises oversight over government activities. article 129. motion of no confidence against the government, or one or more of its members the chamber of deputies may question the performance of cabinet, or of one or more of cabinet members through a vote of no confidence. a motion of no confidence is only accepted after interpellation and only when the motion is signed by at least one fifth (1/5) of members of the chamber of deputies in case that vote of no confidence is against one of the members of cabinet, or by at least one third (1/3) of members of the chamber of deputies if it concerns the entire cabinet. a motion of no confidence cannot be voted upon prior to the expiry of at least forty-eight (48) hours after its presentation and it is adopted through a secret ballot by at least a two-thirds (2/3) majority vote of members of the chamber of deputies. in such a situation, the chamber of deputies postpones the closure of ordinary or extraordinary sessions in order to ensure the application of provisions of this article. article 130. resignation due to a vote of no confidence a cabinet member against whom a vote of no confidence is passed tenders his or her resignation to the president of the republic through the prime minister. when the vote of no confidence is passed against the entire cabinet, the prime minister tenders a resignation of the entire cabinet to the president of the republic. in case a motion of no confidence is rejected, signatories to the motion are not allowed to introduce a similar motion during the same session. article 131. modalities for exercising oversight by the senate over government activities for purposes of obtaining information and exercising oversight over government activities, members of the senate may put oral or written questions to the prime minister to which he or she responds either in person if the questions concern the entire cabinet or several ministries collectively or through concerned cabinet members. the senate may, in addition, set up commissions of inquiry for oversight over cabinet activities. an organic law determines procedures for inquiries and oversight over government activities. however, the senate cannot conduct interpellation or initiate a motion of no confidence. article 132. dissolution of the chamber of deputies due to serious matters of national concern without prejudice to provisions of articles 77 and 79 of this constitution, the president of the republic, after consultation with the prime minister, the speaker of the chamber of deputies, the president of the senate and the president of the supreme court, may dissolve the chamber of deputies due to serious matters of national concern. elections of members of the chamber of deputies take place within ninety (90) days following this dissolution. the president of the republic cannot dissolve, more than once during his or her term of office, the chamber of deputies due to serious matters of national concern. the senate cannot be dissolved. article 133. informing parliament of government activities once in a session of parliament, the prime minister comes to inform both chambers of parliament in a joint sitting, about government activities. the prime minister communicates cabinet decisions to the bureau of each chamber of parliament within a period of eight (8) days following their approval. during sessions, parliament devotes some sittings for questions by members of parliament to cabinet and responses thereto. the cabinet must provide parliament with all the required explanations on its activities and management thereof. article 134. informing the parliament of a declaration of war in case the president of the republic declares war, he or she informs parliament, in a joint sitting within a period of seven (7) days. the parliament adopts a vote on the matter by a simple majority of members of each chamber. article 135. presidential address to parliament the president of the republic addresses one or both chambers of parliament, either in person or in a message read on his or her behalf by the prime minister. there is no debate on such communication. when not in session, the parliament or one of its chambers is convened specifically for that purpose. article 136. state of siege and state of emergency a state of siege and a state of emergency and are provided for by law and declared by the president of the republic, following approval by cabinet. a declaration of a state of siege or a state of emergency must be clearly justified, specify the part of national territory to which it applies and its consequences, indicate the rights, freedoms and guarantees provided by law that are suspended and the duration of the state of siege or state of emergency which may not exceed a period of fifteen (15) days. the state of siege or a state of emergency cannot be extended beyond a period of fifteen (15) days without approval of parliament, which requires a two-thirds (2/3) majority vote of the members of each chamber. during war, if state of siege has been declared, a law may set a longer duration than the one provided for in the preceding paragraph. the duration of a state of siege cannot exceed the period necessary to ensure the return to a normal democratic situation. a declaration of a state of siege or state of emergency cannot under any circumstances violate the right to life and physical integrity of the person, the rights accorded to people by law in relation to their status, capacity and nationality; the principle of non-retroactivity of criminal law, the right to defence and freedom of conscience and religion. a declaration of a state of siege or state of emergency cannot under any circumstances affect powers of the president of the republic, the prime minister, the parliament or the supreme court nor can it modify the principles relating to the responsibility of the state and public officials provided for in this constitution. during and within thirty (30) days after a state of siege or state of emergency, no elections of any kind can be held. article 137. declaration of state of siege and state of emergency a state of siege cannot be declared on the entire or a part of the national territory unless in the event of effective or imminent aggression by a foreign state, faces serious threat or danger to constitutional order. a state of emergency is declared on the entire or part of the national territory when the country faces a public disaster or constitutional crisis whose gravity does not warrant the declaration of a state of siege. article 138. parliament during a state of siege or state of emergency during the state of siege or state of emergency, the chamber of deputies cannot be dissolved and both chambers of parliament are recalled immediately if they are in recess. if at the date of a declaration of a state of siege or state of emergency the chamber of deputies has previously been dissolved or its term of office has ended, powers of parliament relating to a state of siege or state of emergency are exercised by the senate. subsection 4. other state organs article 139. national commissions, specialised organs, national councils and public institutions the national commissions, specialised organs and national councils entrusted with the responsibility to help in resolving important issues facing the country are the following: national commissions: national commission for human rights; national unity and reconciliation commission; national commission for the fight against genocide; national electoral commission; national public service commission. specialised organs: office of the ombudsman; office of the auditor general of state finances; gender monitoring office; chancellery for heroes, national orders and decorations of honour; rwanda academy of language and culture. national councils: national women council; national youth council; national council of persons with disabilities. specific laws determine the mission, organisation and functioning of these institutions. a law may establish other national commissions, specialised organs and national councils when necessary. that law also determines their mission, organisation and functioning. when deemed necessary, a law may also remove national commissions, specialised organs or national councils. an organic law establishes general provisions governing public institutions. subsection 5. national umushyikirano council and abunzi committee article 140. national umushyikirano council the national umushyikirano council brings together the president of the republic and citizens representatives. the national umushyikirano council meets at least once (1) a year. it debates issues relating to the state of the nation and national unity. the president of the republic convenes and presides over the national umushyikirano council and determines those who participate. resolutions of this council are submitted to the relevant institutions to enable them to improve their service delivery to the population. a presidential order may provide for other matters for the national umushyikirano council. article 141. abunzi committee the abunzi committee is responsible for conciliating parties in conflict with the aim of consolidating national unity and peaceful co­existence among rwandans. the abunzi committee is comprised of persons of integrity who are recognised for their conciliation skills. a law determines the organisation, territorial jurisdiction, competence and functioning of the abunzi committee. subsection 6. public prosecution article 142. national public prosecution authority the national public prosecution authority is responsible for investigating and prosecuting offences throughout the country. the national public prosecution authority is a single institution. it is composed of the office of the prosecutor general, the public prosecution service at the intermediate level and the public prosecution service at the primary level. the office of the prosecutor general consists of the prosecutor general, the deputy prosecutor general and national prosecutors. a law determines the organisation, functioning and competence of the national public prosecution authority. a law determines the status and code of ethics of prosecutors. article 143. appointment of prosecutors the prosecutor general and the deputy prosecutor general are appointed by a presidential order after approval by the senate. the president of the republic nominates one candidate for each position after consultation with the cabinet and the high council of the national public prosecution authority. other prosecutors are appointed by prime minister's order after approval by the high council of the national public prosecution authority. the law governing the status of prosecutors determines modalities of the swearing in of public prosecutors mentioned under this article. article 144. term of office of prosecutors in charge of prosecution services the prosecutor general and deputy prosecutor general are appointed for a five (5) year term, renewable once. the law governing the status of prosecutors determines the term of office for the chief prosecutors at the intermediate level. article 145. collaboration between the national public prosecution authority and other organs the national public prosecution authority is under the supervision of the minister in charge of justice. in matters relating to prosecution of offences, the minister in charge of justice determines the general policy and may, in public interest, issue written instructions to the prosecutor general to undertake or refrain from investigating and prosecuting an offence. the minister may also, in cases of urgency and in public interest, issue written instructions to any prosecutor to investigate and prosecute or refrain from investigating and prosecuting an offence and inform the prosecutor general of such instructions. prosecutors are independent from parties and judges. article 146. high council of the national public prosecution authority the high council of the national public prosecution authority has the responsiblity to provide general policy guidelines and to ensure smooth functioning of the prosecution services throughout the country. a law determines the organisation, powers and functioning of the high council of the national public prosecution authority. article 147. military prosecution department the military prosecution department is responsible for the prosecution of offences committed by persons subject to the jurisdiction of military courts. it investigates and prosecutes offences before military courts. the military prosecution department is headed by the military prosecutor general assisted by the deputy military prosecutor general. a law determines the organisation, jurisdiction and functioning of the military prosecution department. section 3. the judiciary subsection one. general provisions article 148. judicial authority the judicial authority is vested in the judiciary composed of ordinary courts and specialised courts. article 149. high council of the judiciary the high council of the judiciary is the supreme governing organ of the judiciary. it sets general guidelines governing the organisation of the judiciary. a law determines the organisation, powers and functioning of the high council of the judiciary. it also determines its membership. article 150. independence of the judiciary the judiciary is independent and exercises financial and administrative autonomy. article 151. principles of the judicial system the judicial system is governed by the following principles: justice is rendered in the name of the people and nobody may be a judge in his or her own cause; court proceedings are conducted in public unless the court determines that proceedings be held in camera in circumstances provided for by law; every judgment must indicate its basis, be written in its entirety, and delivered in public together with the grounds and the decision taken; court rulings are binding on all parties concerned, be they public authorities or individuals. they cannot be challenged except through procedures determined by law; in exercising their judicial functions, judges at all times do it in accordance with the law and are independent from any power or authority. the code of conduct and integrity of judges is determined by specific laws. subsection 2. courts and judges article 152. classification of courts courts consist of ordinary and specialised courts. ordinary courts are comprised of the supreme court, the high court, intermediate courts and primary courts. specialised courts are comprised of commercial courts and military courts. an organic law may establish or remove an ordinary or a specialised court. a law determines the organisation, functioning and jurisdiction of courts. article 153. appointment of judges in charge of courts the president and vice president of the supreme court, the president and vice president of the high court, and the president and vice president of the commercial high court are appointed by a presidential order after approval by the senate. the president of the republic appoints them after consultation with cabinet and the high council of the judiciary. the president of supreme court must be of rwandan nationality by origin and must not hold any other nationality. judges in charge of other ordinary courts and commercial courts are appointed by the high council of the judiciary. article 154. appointment of other judges judges of the supreme court are appointed by the president of the republic after consultation with the cabinet and the high council of the judiciary. the president of the republic submits to the senate a list of candidates whose number equals that of vacant posts of judges of the supreme court, for their approval. other judges of other ordinary courts and commercial courts provided for by this constitution are appointed by the high council of the judiciary. judges of military courts are appointed in accordance with laws governing them. the law governing the status of judges and other judicial personnel determines modalities for their appointment to courts. article 155. swearing in of judges the president, vice president, and judges of the supreme court, as well as the presidents and vice presidents of the high court and commercial high court swear an oath of office before the president of the republic. other judges take an oath of office before authorities referred to in the law governing them. article 156. term of office of judges in charge of courts the president and the vice president of the supreme court are appointed for a five (5) year term renewable once. the president and the vice president of the high court, the president and the vice president of the commercial high court are appointed for a five (5) year term renewable once. the law governing the status of judges and judicial personnel also determines the term of office of judges in charge of other courts. article 157. removal of judges the president, vice president and judges of the supreme court, as well as the presidents and vice presidents of the high court and the commercial high court may be relieved of their duties for misbehaviour, incompetence or gross professional misconduct upon request by a three-fifths (3/5) majority vote of either the chamber of deputies or the senate, and a decision to remove them from office is taken by a two-thirds (2/3) majority vote of each chamber of parliament in a joint sitting. other judges of other ordinary courts and commercial courts provided for by this constitution are removed from office by the high council of the judiciary. judges of military courts are removed from office in accordance with laws governing them. chapter viii. national defence and security article 158. national defence and security organs the state has the following defence and security organs: rwanda defence force; rwanda national police; national intelligence and security service. a law may determine other security organs. national defence and security organs collaborate and coordinate their activities in fulfilment of their responsibilities. a presidential order determines the manner in which these organs collaborate and coordinate their activities. article 159. rwanda defence force national defence is the responsibility of a professional national military force known as the "rwanda defence force". the chief of defence staff is responsible for the operations and general administration of the rwanda defence force. a law determines the mission, organisation and powers of the rwanda defence force. the government of rwanda may, when necessary, downsize the rwanda defence force. the government may also discharge, demobilise or dismiss members of rwanda defence force. a law determines modalities for these actions. article 160. rwanda national police rwanda national police is generally responsible for ensuring security of persons and property throughout the country. a law determines the governing principles, powers, responsibilities, organisation and functioning of the rwanda national police. article 161. national intelligence and security services the national intelligence and security services is generally responsible for internal and external intelligence, as well as immigration and emigration matters, for the prevention of and protection against threats to national security. a law determines responsibilities, organisation, functioning and powers of the national intelligence and security services. chapter ix. state finance and taxes article 162. state finance law every financial year, the chamber of deputies considers the relevance of the state finance bill and adopts the state finance law. the state finance law determines the revenue and expenditure of the state in accordance with conditions provided for by an organic law. that organic law also determines the date of presentation of annual budget before both chambers of parliament. before final adoption of the state budget, the senate must provide the chamber of deputies with its opinion on the state finance bill. article 163. execution of budget before publication of the annual finance law in case the financial year starts before the publication of the state finance law of that year, the prime minister authorises, by an order, a monthly expenditure on a provisional basis of an amount equal to one-twelfth (1/12) of the budget of the preceding year. article 164. imposing, modifying or removing a tax tax is imposed, modified or removed by law. no exemption or reduction of a tax can be granted unless authorised by law. article 165. office of the auditor general of state finances the office of the auditor general is an independent public institution responsible for the auditing of state finances and assets. a law determines the responsibilities, organisation and functioning of this office. article 166. report of the auditor general of state finances the office of the auditor general of state finances submits each year, to both chambers of parliament, prior to the commencement of the session devoted to the examination of the budget of the following year, a complete report on the balance sheet of the state budget of the previous year. this report must indicate the manner in which the budget was executed, unnecessary or unlawful expenditures, and whether there were embezzlement or squandering of public funds. a copy of the report is submitted to the president of the republic, cabinet, the president of supreme court, and the prosecutor general. within six (6) months of receiving the report of the auditor general referred to in this article, parliament examines it and takes appropriate decisions. institutions and public officials to which a copy of the annual report of the auditor general is addressed must implement its recommendations by taking appropriate measures as regards irregularities and other shortcomings which were disclosed. the parliament may request the office of the auditor general to conduct a financial audit of state institutions or the use of funds allocated by the state. chapter x. international treaties and agreements article 167. negotiation and ratification of international treaties and agreements the president of the republic or his or her delegate have the power to negotiate and sign international treaties and agreements. the president of the republic has the power to ratify international treaties and agreements. the parliament is notified of those treaties and agreements following their conclusion. however, international treaties and agreements concerning armistice, peace, commerce, accession to international organisations, those which commit state finances, those requiring modification of national legislation or relating to the status of persons can only be ratified after approval by parliament. treaties and agreements ceding or exchanging part of the territory of rwanda or adding a territory of another country to rwanda cannot be ratified without the consent of rwandans through a referendum. the president of the republic and parliament are notified of all negotiations relating to international treaties and agreements which are not subject to ratification by the president of the republic. article 168. binding force of international treaties and agreements upon publication in the official gazette, international treaties and agreements which have been duly ratified or approved have the force of law as national legislation in accordance with the hierarchy of laws provided for under the first paragraph of article 95 of this constitution. article 169. prohibited international agreements it is prohibited to make international agreements permitting foreign military bases on the national territory. it is prohibited to make international agreements permitting the transit or dumping, on national territory, of toxic waste and other hazardous materials likely to cause serious damage to public health and the environment. article 170. international treaties and agreements conflicting with the constitution or an organic law where an international treaty or agreement contains provisions which are conflicting with the constitution or an organic law, the power to ratify or approve that treaty or agreement cannot be exercised until the constitution or the organic law is amended. chapter xi. transitional provisions article 171. laws in force all provisions of the constitution of the republic of rwanda of 4 june 2003 and its amendments prior to this revision are repealed and replaced by this revised constitution. however, persons elected or appointed to a term of office based on the provisions of the constitution prior to its revision and who are not mentioned in other transitional provisions of this revised constitution continue to serve the term for which they were elected or appointed to. all other laws in force before the commencement of this revised constitution continue to be in force in all their provisions which are not inconsistent in terms of their substance with this revised constitution until those laws are harmonised with this revised constitution. article 172. the president of the republic the president of the republic in office at the time this revised constitution comes into force continues to serve the term of office for which he was elected. without prejudice to article 101 of this constitution, considering the petitions submitted by rwandans that preceded the coming into force of this revised constitution, which were informed by the particular challenges of rwanda's tragic history and the choice made to overcome them, the progress so far achieved and the desire to lay a firm foundation for sustainable development, a seven (7) year presidential term of office is established and shall follow the completion of the term of office referred to in the first paragraph of this article. the provisions of article 101 of this constitution shall take effect after the the seven (7) year term of office referred to in the second paragraph of this article. article 173. senators senators in office at the time this revised constitution comes into force continue to serve the term for which they were elected or appointed to. article 174. the president and vice president of the supreme court the president and vice president of the supreme court in office at the time this revised constitution comes into force continue to serve the term to which they were appointed. chapter xii. amendment or revision of the constitution and final provisions article 175. procedure for amending or revising the constitution the power to initiate amendment or revision of the constitution is vested in the president of the republic after approval by cabinet, or in each chamber of parliament through a two thirds (2/3) majority vote of members. the amendment or revision of the constitution requires a three-quarters (3/4) majority vote of the members of each chamber of parliament. however, if the amendment concerns the term of office of the president of the republic or the system of democratic government based on political pluralism, or the constitutional regime established by this constitution especially the republican form of the government and national sovereignty, the amendment must be passed by referendum, after adoption by each chamber of parliament. no proposal of amendment to this article is permitted. article 176. commencement of laws laws and orders cannot enter into force without their prior publication in accordance with procedures determined by law. ignorance of a duly published law is not an excuse. unwritten customary law remains applicable provided it has not been replaced by written law, is not inconsistent with the constitution, laws, and orders, and neither violates human rights nor prejudices public security or good morals. article 177. commencement of this constitution this revised constitution passed by referendum of 18/12/2015 comes into force upon promulgation by the president of the republic and its publication in the official gazette of the republic of rwanda. preamble we, the sovereign nigerien people resolved to consolidate the gains of the republic and of the national independence proclaimed respectively on the 18th of december of 1958 and the 3rd of august of 1960 as well as those of the sovereign national conference that reunited from the 29th of july to the 3 d of november of 1991 the totality of the living forces of the nation; resolved to build a state of law guaranteeing, on the one hand, the exercise of collective and individual rights, freedom, justice, dignity, equality, safety, and well-being as fundamental values of our society and, on the other hand, democratic alternation and good governance; resolved to build a united nation, dignified, peaceful, industrious and prosperous; profoundly attached to the values of civilization that founded our personality; concerned to safeguard our cultural identity; proclaim our attachment to the principles of pluralist democracy and of human rights as defined by the universal declaration of human rights of 1948, the international pact relative to civil and political rights of 1966, the international pact relative to the economical, social and cultural rights of 1966, and by the african charter of the rights of man and of peoples of 1981; proclaim our attachment to the regional and international juridical instruments of protection and of promotion of human rights as signed and ratified by niger; reaffirm our attachment to african unity and our engagement to make every effort to realize regional and sub-regional integration; express our willingness to cooperate in amity, equality and mutual respect with all peoples [who] love [épris de] peace, justice and freedom; reaffirm our absolute opposition to any political regime founded on dictatorship, arbitrariness, impunity, injustice, corruption, racketeering, regionalism, ethnocentrism, nepotism, personal power and the cult of personality; solemnly adopt this constitution, supreme law of the state to which we swear respect, loyalty and fidelity, and of which this preamble is an integral part. first title. of the state and of sovereignty first article the state of niger is an independent and sovereign republic. all threat [atteinte] to the republican form of the state and to the democratic institutions is a crime of high treason punished as such by the law. the capital of the republic of niger is niamey. the national emblem is the tricolored flag composed of three (3) horizontal, rectangular and equal bands whose colors are disposed from top to bottom in the following order: orange, white and green. the median white band has in its middle a disk of orange color. the hymn of the republic is la nigérienne [the nigerien]. the motto of the republic is fraternité, travail, progrés [fraternity, work, progress]. the seal of the state, with a diameter of forty millimetres, is composed of a shield bearing a sun accosted to dexter by a lance in pale [en pal] charged with two tuareg spades saltire [en sautoir], and to sinister by three ears of millet, one in pale and two placed saltire, accompanied at the point [en pointe] by a head of a zebu. highlighted [en exergue], are placed the following inscriptions: in the superior part: république du niger [republic of niger]; in the inferior part: fraternité, travail, progrés [fraternity, work, progress]. the arms of the republic are composed of a shield of sinople, with a sun [with] rays of gold [soleil rayonnant d’or], accosted to dexter by a lance in pale charged with two tuareg spades saltire, and to sinister of three millet ears, one in pale [en pal] and two placed saltire, accompanied at the point [en pointe] by a head of a zebu, all gold. this shield is superimposed on a trophy formed of four flags of the republic of niger. the inscription république du niger [republic of niger] is placed below. article 2 the attributes of the republic, such as defined in the first article, are reserved for the use of the public powers. all illegal use and all profanation of these attributes are punished by the law. article 3 the republic of niger is a unitary state. it is one and indivisible, democratic and social. its fundamental principles are: the government of the people by the people and for the people; the separation of the state and of religion; social justice; national solidarity. article 4 national sovereignty belongs to the people. no fraction of the people, no community, no corporation, no political party or association, no trade-union [syndicale] organization and no individual may arrogate its exercise. in the exercise of the power of the state, personal power, regionalism, ethnocentrism, discrimination, nepotism, sexism, the clan spirit, the feudal spirit, slavery in all its forms, illicit enrichment, favoritism, corruption, racketeering and the influence-trafficking are punished by the law. article 5 all communities composing the nigerien nation enjoy the freedom to use their languages[,] respecting those of others. these languages have, in all equality, the status of national languages. the state sees to the promotion and to the development of the national languages. the law establishes the modalities of their promotion and of their development. the official language is french. article 6 the people exercise their sovereignty through their elected representatives and by way [voie] of referendum. the conditions of recourse to the referendum are determined by the law. an independent national electoral commission [comission électoral nationale indépendante (ceni)] is charged with the organization, development and supervision of the voting operations. it proclaims the provisional results. an organic law determines the modalities of the organization and of the functioning of this commission. the constitutional court sees to the regularity of the voting operations and proclaims the definitive results. article 7 suffrage is direct or indirect. it is universal, free, equal and secret. nigeriens of the two (2) sexes, aged eighteen (18) years on the day of the ballot or the emancipated minors, enjoying their civil and political rights are electors[,] under the conditions determined by the law. article 8 the republic of niger is a state of law [etat de droit]. it assures to all equality before the law without distinction of sex, [or] of social, racial, ethnic or religious origin. it respects and protects all beliefs. no religion, no belief can arrogate the political power or interfere in the affairs of state. all particularist propaganda of a regionalist, racial or ethnic character, all manifestation of racial, social, sexist, ethnic, political or religious discrimination, are punished by the law. article 9 under the framework [cadre] of the freedom of association recognized and guaranteed by this constitution, the political parties, groups of political parties, trade-unions [syndicats], the non-governmental organizations and other associations or groups of associations are formed and exercise their activities freely, within respect for the laws and regulations in force. the political parties and the groups of political parties concur in the expression of the suffrage. the same prerogatives are recognized to all nigerien citizens enjoying their civil and political rights and meeting the conditions of eligibility provided by the law. the political parties with an ethnic, regionalist or religious character are prohibited. no party may be knowingly created with the purpose of promoting an ethnic group, a region or a religion, under penalty of the sanctions provided by the law. title ii. of the rights and duties of the human person article 10 all nigeriens are born and remain free and equal in rights and in duties. however, the access of certain categories of citizens to electoral mandates, to elective functions and to public employments may be favored by particular measures specified by the law. article 11 the human person is sacred. the state has the absolute obligation to respect it and to protect it. article 12 each one has the right to life, to health, to physical and moral integrity, to a healthy and sufficient food supply [alimentation], to potable water, to education and instruction in the conditions specified by the law. the state assures to each one the satisfaction of the essential needs and services as well as a full development [épanouissement]. each one has the right to freedom and to security within the conditions defined by the law. article 13 every person has the right to enjoy the best state of physical and moral health. the state sees to the creation of the proper conditions to assure to all, medical services and medical assistance in the case of illness. the law determines the modalities for implementing this provision. article 14 no one shall be submitted to torture, to slavery or to cruel, inhuman or degrading abuse [sévices] or treatments. any individual, any agent of the state, who is found guilty [se render coupable] of acts of torture or of cruel, inhuman or degrading abuse or treatments in the exercise of or on the occasion of the exercise of their functions, either on his own initiative or under instructions, will be punished according to the law. article 15 no one is required to execute a manifestly illegal order. the law determines the order manifestly illegal. article 16 no citizen may be forced into exile or be subject to deportation. enforced exile or deportation of a citizen is considered as a crime against the nation and punished according to the law. article 17 each one has the right to the free development of his personality in its material, intellectual, cultural, artistic and religious dimensions, provided that he does not violate the rights of others, or infringe the constitutional order, the law or morality. article 18 no one may be arrested or charged except by virtue of a law that entered into force prior to the acts alleged against him. article 19 the laws and regulations only have retrospective effect so far as they concern the rights and advantages that they may confer to the citizen. article 20 any person accused of a delinquent act is presumed innocent until their culpability has been legally established in the course of a public process [procès] during which all the guarantees necessary for their free defense have been assured to them. no one shall be condemned for actions or omissions which, when they were committed, did not constitute an infraction according to the national law. in the same way [de même], more severe penalties than those applicable at the moment the infraction was committed may not be inflicted. article 21 marriage and family constitute the natural and moral base of the human community. they are placed under the protection of the state. the state and public collectivities have the duty to see to the physical, mental and moral health of the family, particularly of the mother and of the child. article 22 the state sees to the elimination of all forms of discrimination concerning [à l’égard de] women, young girls and handicapped persons. the public policies in all the domains assure their full development and their participation in the national development. the state takes, among others, measures to combat the violence done to women and children in public and private life. it assures to them an equitable representation within the public institutions through the national policy [concerning] gender and the respect for the quotas. article 23 parents have the right and duty to raise, educate and protect their children. descendants have the right and duty to assist and help the ascendants. both [les uns comme les autres] are supported in this task by the state and the other public collectivities. the state and the other public collectivities, through their public policies and their actions, see to the promotion and to the access to a quality, gratuitous and public education. article 24 youth is protected by the state and the other public collectivities against exploitation and abandonment. the state sees to the material and intellectual development of youth. it sees to the promotion of training and of employment of young [people] as well as to their vocational [professionnelle] integration. article 25 the state sees to the elderly through a policy of social protection. the law establishes the conditions and modalities of this protection. article 26 the state sees to the equality of opportunities [chances] for handicapped persons with a view to their promotion and/or their social reintegration [réinsertion]. article 27 the domicile is inviolable. search, arrest or questioning [interpellation] may only be ordered under the conditions and forms specified by the law. article 28 any person has a right to property. no one may be deprived of their property except for cause of public utility [and] subject to a fair and prior indemnification. article 29 the secrecy of correspondence and of communications is inviolable. it may only be derogated under the conditions and forms specified by the law, under penalty of sanctions. article 30 any person has the right to freedom of thought, of opinion, of expression, of conscience, of religion and of worship [culte]. the state guarantees the free exercise of worship and the expression of beliefs [croyances]. these rights are exercised with respect for public order, for social peace and for national unity. article 31 any person has the right to be informed and to [have] access to the information held by the public services within the conditions determined by the law. article 32 the state recognizes and guarantees the freedom of movement, the freedoms of association, assembly, procession and manifestation within the conditions defined by the law. article 33 the state recognizes to all citizens the right to work and strives to create the conditions that make the enjoyment of this right effective, and that guarantee to the worker just compensation [rétribution] for his services or for his production. no one may be the victim of discrimination within the framework [cadre] of his work. article 34 the state recognizes and guarantees the syndical right and the right to strike that are exercised within the conditions specified by the laws and regulations in force. article 35 any person has the right to a healthy environment. the state has the obligation to protect the environment in the interest of present and future generations. each one is required to contribute to the safeguarding and to the improvement of the environment in which he lives. the acquisition, the storage, the handling and the disposal of toxic wastes or pollutants originating from factories and other industrial or handwork [artisanales] sites, installed on the national territory[,] are regulated by the law. the transit, importation, storage, landfill, [and] dumping on the national territory of foreign pollutants or toxic wastes, as well as any agreement relating [to it] constitute a crime against the nation, punished by the law. the state sees to the evaluation and control of the impacts of any project and program of development on the environment. article 36 the state and the other public collectivities see to the fight against desertification. article 37 the national and international enterprises have the obligation to respect the legislation in force in environmental matters. they are required to protect human health and to contribute to the safeguarding [of it] as well as to the improvement of the environment. article 38 the defense of the nation and of the territorial integrity of the republic is a sacred duty for each nigerien citizen. military service is obligatory. the conditions of its accomplishment are determined by the law. article 39 all nigerien citizens, civil or military, have the absolute obligation to respect, in all circumstances, the constitution and the juridical order of the republic, under penalty of the sanctions specified by the law. article 40 all citizens have the duty to work selflessly for the common good, to fulfill their civic and professional obligations and to make their tax [fiscales] contributions. article 41 the public assets are sacred and inviolable. every person must respect them and protect them scrupulously. any act of sabotage, of vandalism, of corruption, of diversion, of squandering, of money laundering or of illicit enrichment is punished [réprimé] by the law. article 42 the state must protect, abroad, the rights and legitimate interests of the nigerien citizens. nationals of other countries benefit in the territory of the republic of niger from the same rights and freedoms as nigerien nationals within the conditions determined by the law. article 43 the state has the duty to assure the translation and diffusion in national languages of the constitution, as well as of the texts relative to human rights and to the fundamental freedoms. it guarantees the teaching of the constitution, of human rights and of civic education at all levels of training. article 44 a national commission sees to the promotion and to the effectiveness of the rights and of the freedoms consecrated above. the national commission for human rights [commission nationale des droits humains] is an independent administrative authority. the law determines the composition, the organization, the attributions and the functioning of this commission, in accordance with the international principles in force. it presents, before the national assembly, an annual report on human rights. article 45 the rights and freedoms mentioned above are exercised within respect for the laws and regulations in force. title iii. of the executive power section 1. of the president of the republic article 46 the president of the republic is the head of the state. he incarnates national unity. the president of the republic is above the political parties. he is the guarantor of the national independence, of the national unity, of the integrity of the territory, of respect for the constitution, [and] for the international treaties and agreements. he assures the regular functioning of the public powers and the continuity of the state. article 47 the president of the republic is elected by universal, free, direct, equal and secret suffrage for a mandate of five (5) years, renewable one (1) sole time. in any case, no one may exercise more than two (2) presidential mandates or extend the mandate for any reason whatsoever. nigeriens of the two (2) sexes, of [nigerien] nationality of origin, at least thirty-five (35) years old the day the dossier is deposited, enjoying their civil and political rights[,] are eligible to the presidency of the republic. no one is eligible to the presidency of the republic if he does not enjoy a good state of physical and mental health, as well as of a good morality attested by the competent services. the organic law specifies the conditions of eligibility, of the presentation of the candidatures, of development of the ballot, of counting [dépouillement] and of proclamation of the results. the constitutional court controls the regularity of these operations and proclaims the definitive results. article 48 the election of the president of the republic takes place by majority ballot in two (2) rounds. the convocation of the electors is made by decree taken in the council of ministers. the first round of the ballot with a view to the election of the president of the republic takes place ninety (90) days, at least and one hundred twenty (120) days, at most, before the expiration of the mandate of the president in office. the candidate who obtains the absolute majority of the expressed suffrage in the first round is declared elected. if this condition is not met, it proceeds, no later than twenty-one (21) days after the publication of the definitive results by the constitutional court, to a second round of [the] ballot in which the two (2) candidates that arrived ahead in the first round take part. in the case of death, withdrawal [déssistement] or incapacity of one or the other of the two candidates, the candidates following present themselves in the order of their ranking [classement] after the first round. no withdrawal may be taken into consideration seventy-two (72) hours after the proclamation of the definitive results of the first round by the constitutional court. in the case of death of the two (2) candidates, the electoral operations of the first round are retaken. after the second round, the candidate who obtained the greatest number of votes is declared elected. article 49 the mandate of the new president of the republic takes effect counting from the date of expiration of the mandate of his predecessor. article 50 before entering into [his] functions, the president of the republic takes an oath on the holy book [livre saint] of his confession before the constitutional court, in the presence of the members of the national assembly, in these terms: "before god and before the sovereign nigerien people, we ..., president the republic, elected according to the laws, solemnly swear on the holy book [livre saint]: to respect and to have respected the constitution that the people have freely given to themselves; to loyally fulfill the high functions with which we have been invested; to never betray or to misrepresent the aspirations of the people; to respect and to defend the republican form of the state; to preserve the integrity of the territory and the unity of the nation; to respect and to defend the rights and freedoms of the citizens; not to take or to be guaranty [cautionner] for any measures degrading [avilissante] the human dignity; to see to the neutrality of the administration and to the respect for the texts that establish [consacrent] its depolitization; to work tirelessly for the happiness of the people; to spare no effort for the realization of african unity; to conduct ourselves in all [things] as faithful and loyal servant of the people; in the case of perjury, may we suffer the rigors of the law. may god help us." the oath is received by the constitutional court. article 51 after the ceremony of investiture and within a time period of forty-eight (48) hours, the president of the constitutional court receives the declaration[,] written on the honor[,] of the assets of the president of the republic. this declaration is subject to an annual updating and [one] at the cessation of the functions. the initial declaration and the updates are published in the journal officiel [official gazette] and by the way of the press. a copy of the declaration of the president of the republic is communicated to the court of accounts and to the tax services. the gaps between the initial declaration and the annual updates must be duly justified. the constitutional court has all powers of evaluation [appréciation] in this domain. the court of accounts is also charged [chargée] with controlling the declaration of assets as received by the constitutional court. article 52 during his mandate, the president of the republic may not, either by himself or by others, purchase or lease anything that belongs to the domain of the state or to its separated parts [démembrements]. he may not take part, either by himself or by others, in the public and private markets of the state and of its separated parts. the provisions of this article are extended to the presidents of the institutions of the republic, to the prime minister, to the members of the government and to the deputies. article 53 in the case of vacancy of the presidency of the republic by death, resignation, forfeiture or absolute impediment, the functions of president of the republic are provisionally exercised by the president of the national assembly and, if this last [one] is incapacitated, by the vice-presidents of the national assembly in the order of precedence. the physical or mental incapacity of the president of the republic rendering him unfit to exercise the responsibilities [charges] of his function[,] is considered absolute impediment. the refusal of the president of the republic to obey an order of the constitutional court that declares a violation by him of the provisions of this constitution is liable [passible] to the same consequences as the absolute impediment. the absolute impediment is declared by the constitutional court, referred to [the matter] by the national assembly, deciding by a majority of two-thirds (2/3) of its members. in the case of death, the vacancy is declared by the constitutional court, referred to [the matter] by the prime minister or [by] a member of the government. in the case of resignation, the vacancy is declared by the constitutional court, referred to [the matter] by the resigning president of the republic. it [then] proceeds to new presidential elections ninety (90) days, at least, and one hundred twenty (120) days, at most, after the opening of the vacancy. when the president of the national assembly assures the interim of the president of the republic in the conditions enounced in the paragraphs above, he may not, except [by] resignation on his part or renouncement of the interim, stand as a candidate in the presidential elections. he exercises the attributions vested [dévolues] in the president of the republic, with the exception of those provided for in articles 59, 60 and 61. in the case of resignation of the president of the national assembly or of renunciation of the interim on his part, the interim of the president of the republic is assured by the vice-presidents of the national assembly, in the order of precedence. in the case of impeachment [mise en accusation] of the president of the republic before the high court of justice, his interim is assured by the president of the constitutional court who exercises all the functions of president of the republic, with the exception of those mentioned in paragraph 8 of this article. he may not stand as a candidate in the presidential elections. article 54 in the case of serious illness duly declared by a college of three (3) doctors appointed by the bureau of the national assembly on the proposal of the order of doctors [l'ordre des médecins], the constitutional court, referred to [the matter] by two-thirds (2/3) of the members of the national assembly, declares the absolutely impediment of the president of the republic and pronounces the vacancy. article 55 the functions of president of the republic are incompatible with the exercise of any other elective mandate, of any military, civil or public employment and of any other professional activity. for the duration of his mandate, the president of the republic may not be president or member of the directive organ of a political party or any national association. article 56 the president of the republic appoints the prime minister and terminates his functions. on a proposal of the prime minister, he appoints the other members of the government and terminates their functions. in the case of absence from the territory, of sickness or of vacation [congé] of the president of the republic, his interim is assured by the prime minister within the limits of the powers that he would have delegated to him. article 57 the president of the republic is the president of the council of ministers. he convokes and presides over the council of ministers. the prime minister substitutes him in the presidency of the council of ministers within the conditions enunciated in this constitution. the agenda of the council is established by mutual agreement between the president of the republic and the prime minister. article 58 the president of the republic promulgates the laws within the fifteen (15) days that follow the transmission made to him by the president of the national assembly. this time period is reduced to five (5) days in the case of urgency declared by the national assembly. the president of the republic may, before the expiration of these time periods, address a motivated demand to the national assembly for a second deliberation of the law or of certain of its articles. this deliberation may not be refused. if after a second reading, the national assembly votes the text by an absolute majority of its members, the law is promulgated of plain right and published according to the procedure of urgency. article 59 the president of the republic can, after consultation of the president of the national assembly and of the prime minister, pronounce the dissolution of the national assembly. a new assembly is elected sixty (60) days at least and ninety (90) days at most after this dissolution. a new dissolution may not proceed within the twenty-four (24) months following the elections. after the expiration of the time period established in the preceding paragraph, if the legislative elections are not organized, the dissolved national assembly is rehabilitated of plain right. article 60 the president of the republic may, after the opinion [après avis] of the national assembly and of the president of the constitutional court, submit to referendum any text which appears to him to demand [devoir exiger] the direct consultation of the people with the exception of any revision of this constitution which remains governed by the procedure specified in title xii. at the demand of the president of the republic, the constitutional court decides by an order [arrêt] on the constitutionality of the initiative of the recourse to the referendum. when the bill is adopted by referendum, the president of the republic promulgates it within the time periods specified in paragraphs 1 and 2 of article 58. article 61 the president of the republic accredits the ambassadors and the extraordinary envoys to foreign powers. the ambassadors and extraordinary envoys of foreign powers are accredited to him. article 62 the president of the republic is the head of the administration. he sees to the neutrality of the administration and to the respect for the texts that consecrate its depolitization. article 63 the president of the republic is the supreme head of the armies. he is assisted by the superior council of national defense [conseil supérieur de la défense] and by the national council of security [conseil nationale de sécuité]. article 64 the superior council of national defense gives its opinion [avis] on the appointment to high military functions and on the promotion to the ranks [grades] of general officers, and on any other question of the military domain to which it is referred. a law determines the composition, the attributions and the functioning of the superior council of national defense. article 65 the national council of security gives its opinion on matters related to the security of the nation, to the defense of the nation, to the foreign policy and[,] in a general manner[,] on all matters related to the strategic and vital interests of the country. a law determines the composition, the attributions and the functioning of the national council of security. article 66 the nigerien armed forces [forces armée nigériennes (fan)] assure the defense of the integrity of the national territory against all external aggression and participate, by the side of the other forces, in the preservation of peace and security, in accordance with the laws and regulations in force. they participate in the work [à l’œuvre de] of economic and social development of the nation and may exercise the responsibilities corresponding to their competences and qualifications. article 67 when the institutions of the republic, the independence of the nation, the integrity of the national territory or the execution of the international engagements are menaced in a grave and immediate manner, and the regular functioning of the public constitutional powers is interrupted, the president of the republic takes the exceptional measures demanded by these circumstances after official consultation of the prime minister, of the president of the national assembly and of the president of the constitutional court. he informs the nation by a message. the national assembly meets of plain right if it is not in session. no institution of the republic may be dissolved or suspended during the exercise of the exceptional powers. the exceptional measures must be inspired by the will to assure to the constitutional public powers, within the shortest time periods, the means to accomplish their mission. the national assembly approves [apprécie] with an absolute majority of its members the duration of the exercise of the emergency powers and terminates them in the case of abuse. article 68 the president of the republic, after deliberation of the council of ministers, proclaims the state of emergency within the conditions determined by the law. article 69 a council of the republic [conseil de la république] is instituted in view of preventing and resolving the institutional and political crises, in a consensual manner, within the respect for this constitution. the council of the republic gives its opinion [avis] on the matters that it is referred to. these opinions are brought to the knowledge of the nation, under reserve [for] the defense secrets. it meets under the presidency of the president of the republic. the council of the republic is constituted by: the president of the republic; the president of the national assembly; the prime minister; the former presidents of the republic and former heads of state; and by the leader [chef de file] of the opposition. the law determines the attributions and the functioning of the council of the republic. article 70 the president of the republic signs the ordinances and decrees deliberated in the council of ministers. he appoints[,] by decree taken in the council of ministers, to the civil and military employments of the state. the law determines the functions that he would be provided by decree taken in the council of ministers. article 71 the law establishes the advantages granted to the president of the republic and organizes the modalities for granting a pension to former presidents of the republic and heads of state. article 72 the president of the republic has the right of pardon. this pardon may not be granted in the cases of imprescriptible crimes. section 2. of the government article 73 the prime minister is the head of the government. he directs, animates and coordinates the governmental action. he assures the execution of the laws. he may delegate certain of his powers to the ministers. by virtue of an express delegation and for a determined agenda, he substitutes the president of the republic in the presidency of a council of ministers. article 74 before entering into [his] functions, the prime minister takes, before the national assembly, on the holy book of his confession, the following oath: "before god and before the representatives of the sovereign nigerien people, we ..., prime minister, head of the government, solemnly swear on the holy book [livre-saint]: to respect the constitution that the people have freely given to themselves; to loyally fulfill the high functions with which we have been invested; to respect and to defend the republican form of the state; to respect and to defend the rights and freedoms of the citizens; not to take or to be guaranty [cautionner] for any measures degrading [avilissante] the human dignity; to assure the neutrality of the administration and to the respect for the texts that establish [consacrent] its depolitization; to work tirelessly for the happiness of the people; to conduct ourselves everywhere as faithful and loyal servant of the people; in the case of perjury, may we suffer the rigors of the law. may god help us." article 75 the acts of the prime minister are countersigned, the case arising, by the ministers charged with their execution. article 76 the government determines and conducts the policy of the nation. it disposes of the administration and of the public force. it may dispose of the armed force within the conditions determined by the law. the government is responsible before the national assembly within the conditions specified in articles 107 and 108. at his entering into [his] functions and after deliberation of the council of ministers, the prime minister makes a declaration of general policy before the national assembly. article 77 the acts of the president of the republic other than those specified in paragraph 1 of article 56 and of articles 60, 61, 67 and 92 are countersigned by the prime minister and, the case arising, by the ministers responsible. article 78 within seven (7) days of their entering into [their] functions, the prime minister and the ministers shall remit to the president of the court of accounts the declaration[,] written on their honor[,] of their assets. this declaration is subject to an annual updating and [one] at the cessation of the functions. this provision is extended to the presidents of other institutions of the republic and to the responsible [persons] of the independent administrative authorities. the initial declaration and the updates are published in the journal officiel [official gazette] and by way of the press. the court of accounts is charged with controlling the declarations of assets. the law determines the other public agents subject to the obligation of declaration of assets, as well as the modalities of this declaration. article 79 any inexact or untruthful declaration of assets exposes its author to prosecution for evasion [chef de faux] in accordance with the provisions of the penal code. article 80 the functions of members of the government are incompatible with the exercise of any parliamentary mandate, [with] any function of professional representation on an international, national or local scale [à l’échelle], [with] any public or private employment and [with] any professional activity. no one may be [a] member of the government if he does not enjoy a good morality attested by the competent services. section 3. of the cohabitation article 81 when the presidential majority and the parliamentary majority do not concur, the prime minister is appointed by the president of the republic from a list of three (3) notable persons [personnalités] proposed by the majority of the national assembly. the president of the republic terminates the functions of the prime minister on the presentation by him of the resignation of the government. the ministers charged with the national defense and with foreign affairs are appointed by mutual agreement of the president of the republic and the prime minister. article 82 the president of the republic appoints to the civil employments of the state on proposal of the government. title iv. of the legislative power article 83 the legislative power is exercised by a unique chamber denominated [the] national assembly whose members bear the title of deputies. the national assembly enjoys financial autonomy. a financial and accounting regulation determines the modalities of this financial autonomy and establishes the rules of drafting [élaboration], of adoption, of execution and of control of the budget of the national assembly. the budget of the national assembly, ordered and approved by the bureau, is annexed to the general budget of the state. article 84 the deputies are elected by universal, free, direct, equal and secret suffrage. nigeriens of the two (2) sexes, at least twenty-one (21) years old and enjoying their civil and political rights[,] are eligible to the national assembly. the lists of the political parties, of the groups of parties as well as those of the independent candidates must obligatorily include [compter], at least, 75% of [their] candidates holding, at least, the brevet d'études du premier cycle (bepc), [certificate of studies of the first cycle] or its equivalent and 25%, at most, of [their candidates] not fulfilling this condition. within this quota, the special circumscriptions are integrated within the regions to which they belong. an organic law establishes the number of members of the national assembly, the indemnity of the deputies and the benefits [avantages], their conditions of eligibility, the regime of ineligibilities and of incompatibilities, the modality of the ballot as well as the conditions under which the vacancy of [a] seat of [a] deputy is provided for. article 85 the duration of a legislature is of five (5) years. the general elections for the renewal of the national assembly take place sixty (60) days at least and ninety (90) days at most prior to the end of the current legislature. article 86 the constitutional court decides on the eligibility of the candidates. it equally decides on the validity of the election of the deputies. article 87 each deputy is the representative of the nation. any imperative mandate is null. the right to vote of the deputies is personal. however, the delegation of the vote is permitted when a deputy is absent for cause of illness, for the execution of a mandate or a mission entrusted to him by the national assembly or the government or to fulfill his military obligations. no one may receive for one ballot more than one delegation of [the] vote. during the legislature, any deputy who resigns from his party loses his seat and is replaced by his substitute. the deputy who is excluded from his party sits as an independent within [au sein de] the national assembly. he may not, in any case, affiliate himself to another parliamentary group in the course of the legislature. article 88 the members of the national assembly enjoy parliamentary immunity. no deputy shall be prosecuted, investigated, arrested, detained or judged for the opinions or the votes emitted by him in the exercise of his functions. except in the case of flagrante delicto, no deputy may, during the duration of the sessions, be prosecuted or arrested in a correctional or criminal matter except with the authorization of the national assembly. no deputy may, out of session, be arrested except with the authorization of the bureau of the national assembly, except in the case of flagrante delicto, of authorized prosecutions or of definitive convictions. article 89 the national assembly is presided over by a president assisted by a bureau. the composition of the bureau must reflect the political configuration of the national assembly. the president is elected for the duration of the legislature and the other members of the bureau [are elected] every year, according to the internal regulations of the national assembly. before entering into [his] functions, the president of the national assembly takes an oath on the holy book of his confession before the constitutional court, in these terms: "before god and before the sovereign nigerien people, we ..., president of the national assembly solemnly swear on the holy book to respect and to have respected the constitution that the people have freely given to themselves; to loyally fulfill the high functions with which we have been invested; never to betray or misrepresent [travestir] the aspirations of the people to respect and to defend the republican form of the state; to respect and to defend the rights and freedoms of the citizens; not to take or to be guaranty [cautionner] for any measures degrading [avilissante] the human dignity; to respect and to have respected the principles of the separation of the powers; to respect and to have respected the internal regulations of the national assembly; to work tirelessly for the happiness of the people; to conduct ourselves everywhere as faithful and loyal servant of the people; in the case of perjury, may we suffer the rigors of the law. may god help us." in the case of a crisis of confidence between the president of the national assembly and the deputies, he may be dismissed. the initiative for the dismissal is signed by half of the members composing the national assembly. the dismissal is adopted by a majority of two-thirds (2/3) of the deputies. when he assures the interim of the president of the republic within the conditions specified in the article 53 of this constitution, the president of the national assembly is replaced in his functions according to the internal regulations of the national assembly. in the case of vacancy of the presidency of the national assembly by death, resignation or any other cause, the assembly elects a new president within the fifteen (15) days that follow the vacancy[,] if it is in session; in the contrary case, it meets of plain right within the conditions established by the internal regulations. article 90 the national assembly votes the law and consents to taxes. it controls the action of the government. article 91 each year, the national assembly meets of plain right in two ordinary sessions on the convocation of its president. the first session opens the first week of the month of march and may not exceed ninety (90) days. the second session, called [the] budgetary session, opens the first week of the month of october and may not exceed sixty (60) days. article 92 the national assembly is convoked in extraordinary session by its president on a determined agenda, at the demand of the prime minister or by two-fifths (2/5) of the deputies. the extraordinary sessions, except in the cases where they take place of plain right, are opened and closed by decree of the president of the republic. the closure comes as soon as the agenda is exhausted. their duration may not exceed fifteen (15) days. article 93 the sittings of the national assembly are public. a complete record of the debates is published in the journal officiel [official gazette]. at the request of the prime minister or of one-third (1/3) of the deputies, the national assembly may sit in closed session. article 94 the work of the national assembly takes place following the internal regulations that it adopts in accordance with the constitution. the internal regulations determine notably: the composition, [and] the rules of functioning of the bureau as well as the powers and prerogatives of its president; the procedure of dismissal of the president of the national assembly; the creation of commissions of inquiry and of parliamentary control as well as of missions for information within the framework of the control of the governmental action or of any matter of national interest; the number, the mode of appointment, the composition, the role and the competence of the permanent commissions as well as those that are special and temporary; the creation of parliamentary commissions of inquiry within the framework of the control of the governmental action or of any matter of national interest; the organization of the administrative services directed by a secretary-general placed under the authority of the president of the national assembly; the disciplinary regime of the deputies during the sittings of the national assembly the modes of the ballot governing [régissant] the elections within the national assembly, with the exclusion of those expressly specified by this constitution; the conditions of exercise of the right of interpellation, the applicable rules in the matter of written and oral questions, the current issues, as well as the measures to be taken by the national assembly concerning [à l’égard de] the prime minister or any member of the government refusing to answer an interpellation or a request of information from the national assembly; the procedure [mis en jeu] for initiating the responsibility of the government. title v. of the relations between the executive and the legislative powers article 95 the national assembly informs the president of the republic and the government of the agenda of its sessions, of its sittings, as well as that [the agenda] of its commissions. article 96 the president of the republic can, at any time, communicate with the national assembly, either directly or through messages that he has read by the president of the national assembly. these messages do not give rise to any debate. article 97 the members of the government have access to the plenary and to the commissions of the national assembly. they are heard either at the demand of these, or at their own demand. they may be [se faire] assisted by their collaborators. article 98 the members of the national assembly, either individually or collectively, may interpellate the prime minister or any other member of the government by means of a petition [requête]. these may not remove themselves from this obligation. the members of the national assembly may equally obtain, by means of written or oral questions, all information about the activities or the acts of administration of the government. the interested ministers are obligated to provide them. article 99 the law establishes the rules concerning: citizenship, the civil rights and the fundamental guarantees for the exercise of public freedoms; the constraints imposed in the interest of the national defense, of public security and of assistance to the citizens, on their persons and on their assets. nationality, the state and the capacity of the persons, the matrimonial regimes, inheritance and gifts; the procedure according to which customs [coutumes] will be declared and brought into harmony with the fundamental principles of the constitution; the determination of crimes and misdemeanors as well as of the penalties applicable to them, the penal procedure and amnesty; the organization of the jurisdictions of all orders and the procedure to be followed before these jurisdictions, the creations of new orders of jurisdiction, the statute of the magistrates, of the ministerial officers and of the auxiliaries of justice; the base [l'assiette], the rate and the modalities for recovering of taxes [impositions] of any nature; the regime of emission of the currency; the creation of categories of public establishments; the nationalization of enterprises and the transfers of property of enterprises from the public sector to the private sector; research, the exploration and the exploitation of the oil and gas resources, [and] the mineral resources, [both] natural and [of] energy; the acquisition, the storage, the handling, the transportation, [and] the transit of radioactive substances and the disposal of radioactive waste; the general statute of the public function; the autonomous status; the regime of treatments, indemnities and other advantages granted to the national deputies; the regime of treatments, indemnities and other advantages granted to the responsible [persons] of the institutions of the republic; the statute of the deputies the statute of the military personnel and of the national gendarmerie, [and] of the forces of security and similar [forces]; the status of the traditional leadership [chefferie]; the general organization of the administration; the territorial organization, the creation and the modification of the administrative circumscriptions as well as the electoral divisions; the creation, the status, and the functioning of the independent administrative authorities; the state of emergency and the state of siege; communication; the regime of the associations; the charter of the political parties; the statute of the opposition. the organs and mechanisms of control and of regulation of the public markets. article 99bis the electoral regime of the president of the republic, of the members of the national assembly, [and] of the local assemblies is established by an organic law. it is the same for the referendum article 100 the law determines the fundamental principles: of the organization of the national defense; of the free administration of the territorial collectivities, of their competences and of their resources; of the protection of the freedom of the press and of the access to public information and to administrative documents; of training [l'enseignement], of technology and of scientific research; of health and of public hygiene; of the policy of the population; of the housing policy; of the protection of the family; of the protection of consumers; of the protection of the elderly persons and of the integration of handicapped persons; of the protection of the environment and of the conservation of the natural resources; of the protection, of the conservation and of the organization of the airspace [l'espace]; of the protection of the cultural patrimony; of the organization of civil protection; of the regime of property, of real rights and of civil and commercial obligations; of the right to work [droit du travail], of social security, of the syndical right and of the right to strike; of the alienation and of the management of the domain of the state; of insurance [mutualité] and of savings; of the regime of transport, of the posts and of telecommunications; of the public accounting regime; of the penitentiary regime; of education; of the rural code; of the water and food security code; of the construction and housing code; of the code of the leases to rent [du code des baus á loyer]; of public procurement [commande publique/public contracts]; of public private partnership. article 101 the law of finance of the year specifies and authorizes, for each civil year, all [l’ensemble] of the resources and the charges of the state. the laws of finance called corrective [rectificatives] [laws] may, in the course of the year, modify the provisions of the law of finance of the year. the law of regulation declares the financial results of each civil year and approves the differences between the results and the projections [prévisions] of the law of finance of the year. the program laws [lois de programme] establish the objectives of the economical and social action of the state. article 102 the treatments, indemnities and/or diverse benefits granted to the president of the republic, to the prime minister, to the ministers, to the deputies and to the responsible [persons] of the other institutions, are determined by an organic law. they must take into account the financial situation of the state and the general level of revenues of the nigeriens. article 103 the matters other than those in the domain of the law have a regulatory character. the texts of legislative form intervening, in these matters, before the entry into force of this constitution may be modified by decree issued after the opinion [avis] of the constitutional court. article 104 the declaration of war is authorized by the national assembly. when the national assembly is dissolved and the country is [a] victim of external aggression, the declaration of war is made by the president of the republic in the council of ministers. the sending of troops abroad is authorized by the national assembly. article 105 the state of siege is decreed in the council of ministers after the opinion [avis] of the bureau of the national assembly. the national assembly meets of plain right if it is not in session. the extension of the state of siege over fifteen (15) days may not be authorized except by the national assembly. the national assembly may not be dissolved during the state of siege. article 106 the government may, for the execution of its program, request of the national assembly the authorization to take by ordinance(s) for a limited time period, the measures that are normally of the domain of the law. this authorization takes the form of an enabling law [loi d'habilitation]. the ordinances are taken in the council of ministers after the opinion [avis] of the constitutional court. they enter into force on their publication but become lapsed if the bill of law of ratification is not deposited before the national assembly before the date established by the enabling law. at the expiration of the time period mentioned in the first paragraph of this article, the ordinances may only be modified in their provisions that are of the domain of the law. article 107 the responsibility of the government may be engaged before the national assembly either by the vote of a motion of censure, or by a vote of no confidence. the national assembly engages [mettre en cause] the responsibility of the government by the vote of a motion of censure. such a motion is not receivable unless it is signed by one-fifth (1/5), at least, of the deputies. the vote may only take place forty-eight (48) hours after its presentation. only the votes favorable to the motion of censure are counted which may only be adopted by the absolute majority of the deputies. if the motion is rejected, its signatories may not propose a new one during the course of the same session. the prime minister can, after deliberation of the council of ministers, engage the responsibility of the government before the national assembly by posing the question of confidence on the vote of a text. the text is considered adopted if it receives the absolute majority of the votes. article 108 when the national assembly adopts a motion of censure, disapproves of the program or of a declaration of general policy of the government or denies to it its confidence on the occasion of the vote of a text, the prime minister remits to the president of the republic the resignation of the government. article 109 the government has the initiative of the laws concurrently with the members of the national assembly. the deputies and the government have the right of amendment and that, regardless of the origin of the text. article 110 the proposals, bills and amendments that are not of the domain of law, [and] that infringe good morals are irreceivable. the irreceivability is pronounced by the president of the national assembly. in the case of dispute [contestation], the constitutional court, referred to [the matter] by the prime minister, by the president of the national assembly or by one-tenth (1/10) of the members of the national assembly[,] decides within a time period of eight (8) days. article 111 the bills and the amendments deposited by the deputies are not receivable when their adoption would have as consequence, either a diminution of the public resources, or the creation or the aggravation of a public charge, unless it is accompanied by a proposal of augmentation of receipts or of equivalent economies. article 112 the discussion of the bills of law focuses on the text presented by the competent commission of the national assembly. at the demand of the government, the commission must bring to the cognizance [porter á la connaissance] of the national assembly the points on which there is disagreement with the government. article 113 the national assembly votes the bill of the law of finance within the conditions determined by the law. article 114 the national assembly is referred to [the matter] of the bill of the law of finance from the opening of the budgetary session; the bill of the law of finance must specify the receipts necessary for the complete coverage of the expenses. the national assembly votes the budget in equilibrium. if the national assembly has not decided within sixty (60) days of the presentation of the bill, the provisions of this bill can be put into force by ordinance. the government refers [the matter], for ratification, to the national assembly convoked in extraordinary session, within a time period of fifteen (15) days. if the national assembly has not voted the budget at the end of this extraordinary session, the budget is definitively established by ordinance. if the bill of the law of finance could not be presented in a timely fashion to be promulgated before the beginning of the fiscal year [exercice], the prime minister demands of urgency of the national assembly the authorization to continue to receive the taxes and to continue with expenditures, the budget of the preceding year by provisional twelfths. article 115 the national assembly governs [règle] the accounts of the nation following the modalities specified by the law of finance. the law of regulation [règlement] must be deposited with the bureau of the national assembly at the budgetary session of the year following that of the execution of the budget to be debated at the next parliamentary session and adopted[,] at the latest[,] the thirty-first (31) of december of the second year that follows the execution of the budget. the national assembly may demand of the court of accounts to lead [mener] all inquests and studies related to the execution of the public receipts and expenses. title vi. of the judicial power section 1. of the general provisions article 116 the judicial power is independent of the legislative power and of the executive power. the judicial power is exercised by the constitutional court, the court of cassation, the council of state, the court of accounts, [and] the courts and tribunals. article 117 justice is rendered on the national territory in the name of the people and with a strict respect for the rule of law, as well as for the rights and freedoms of each citizen. the decisions of justice impose themselves on all, on the public powers as well as on the citizens. they may only be criticized by the ways and under the forms authorized by the law. article 118 in the exercise of their functions, the magistrates are independent and are only subject to the authority of the law. article 119 the presiding magistrates [du siège] are appointed by the president of the republic on proposal of the minister of justice, guardian of the seals [garde des sceaux], after the opinion [avis] of the superior council of the magistracy [conseil supérieur de la magistrature]. the prosecuting magistrates [du parquet] are appointed by the president of the republic on proposal of the minister of justice, guardian of the seals. the presiding magistrates are irremovable. the law establishes the composition, the organization, the attributions and the functioning of the superior council of the magistracy. section 2. of the constitutional court article 120 the constitutional court is the jurisdiction competent in constitutional and electoral matters. it is charged with deciding on the constitutionality of the laws, of the ordinances as well as of the conformity of international treaties and agreements with the constitution. it interprets the provisions of the constitution. it controls the regularity, the transparency and the honesty [sincérité] of the referendum, [and] of the presidential and legislative elections. it is [the] judge of the electoral disputes [contentieux] and proclaims the definitive results of the elections. article 121 the constitutional court includes seven (07) members aged forty (40) years at least. it is composed of: two (2) notable persons [personnalités] with a great professional experience in juridical or administrative matters[,] of which one (1) is proposed by the president of the republic and one (1) is proposed by the bureau of the national assembly; two (2) magistrates elected by their peers[,] of which one (1) is of the first grade and one (1) is of the second [grade]; one (1) lawyer with at least ten (10) years of exercise [of the profession], elected by his peers; one (1) professor-researcher holder [titulaire] of a doctorate in public law, elected by his peers; one (1) representative of the associations of defense of human rights and of promotion of democracy, holder at least of a diploma of the third cycle in public law, elected by the [singular] or the [plural] collectives of these associations. the members of the constitutional court are appointed for six (6) years by decree of the president of the republic. their mandate is not renewable. the members of the constitutional court are renewed by thirds every two (2) years. article 122 the members of the constitutional court are irremovable for the duration of their mandate. they may not be prosecuted or arrested without the authorization of the constitutional court, except in the case of flagrante delicto. in this case, the president of the constitutional court is referred to [the matter] at the latest within forty-eight (48) hours. article 123 the president of the constitutional court is elected by his peers for a period of three (3) years renewable. article 124 before entering into [their] functions, the members of the constitutional court take an oath on the holy book [livre saint] of their confession before the president of the republic in these terms: "i swear to well and faithfully complete my functions, to exercise them with total impartially within the respect for the constitution and with total independence, to keep the secrecy of the deliberations and the votes, not to take any public position and not to give any consultation on the questions relevant to the competence of the court. may god help us." article 125 the functions of [a] member of the constitutional court are incompatible with the exercise of any electoral mandate, with any public, civil or military employment, with any function of national representation and with any professional activity excluding education. an organic law determines the organization and the functioning of the constitutional court, the procedure followed before it, notably the time periods for the referral, the conditions of eligibility, the advantages, the immunities and the disciplinary regime of its members. article 126 the constitutional court decides by order [par arrêt], on: the constitutionality of the laws; the internal regulations of the national assembly before their application and their modifications; the conflicts of attribution between the institutions of the state. the constitutional court is competent to decide on any question of interpretation and of application of the constitution. article 127 the constitutional court controls the regularity of the presidential and legislative elections. it examines the claims, decides on the disputes of the presidential and of the legislative elections and proclaims the results of the ballots. it decides on the regularity of the referendum and proclaims their results of them. article 128 the constitutional court is competent to decide on the recourses for excess of power in electoral matters, without [a] prior administrative recourse. it must decide within a time period of five (5) days, counting from the presentation of the recourse at the registry [greffe]. article 129 the constitutional court is equally competent to decide on the cases specified in the articles 6, 53, 54, 60, 67, 86, 103 and 110 of the constitution. article 130 the constitutional court receives the oath of the president of the republic. article 131 the organic laws, before their promulgation, and the internal regulations of the national assembly, before their application as well as their modifications, must be submitted to the constitutional court which decides on their conformity with the constitution. to the same end, before their promulgation, the laws may be referred [déférées] to the constitutional court by the president of the republic, by the prime minister, by the president of the national assembly or by one-tenth (1/10) of the deputies. in the cases specified in the preceding paragraphs, the constitutional court must decide within a time period of fifteen (15) days. in case of emergency and by request of the government, this time period is reduced to five (5) days. in all cases, the referral to the constitutional court suspends the time period of the promulgation. article 132 any person party [partie] to a process may raise the unconstitutionality of a law before any jurisdiction, by way of pleadings [exception]. this [jurisdiction] must postpone [surseoir] [its] decision until the decision of the constitutional court, which must intervene within a time period of thirty (30) days. a provision declared unconstitutional on the basis of the preceding paragraph is lapsed of plain right. the decision of the constitutional court establishing this unconstitutionality is published in the journal officiel following the procedure of urgency. article 133 the constitutional court emits opinions [avis] on the interpretation of the constitution when it is referred to [the matter] by the president of the republic, by the president of the national assembly, by the prime minister, or by one-tenth (1/10) of the deputies. article 134 the orders [arrêts] of the constitutional court are not susceptible to any recourse. they bind [lient] the public powers and all the administrative, civil, military and jurisdictional authorities. any act of discreditingg [jet de discrédit] of the orders [arrêts] of the court is sanctioned according to the laws in force. article 135 the constitutional court may not be dissolved and no provision of this constitution related to the court may be suspended. section 3. of the court of cassation article 136 the court of cassation is the highest jurisdiction of the republic in judicial matters. an organic law determines the composition, the organization, the attributions and the functioning of the court of cassation. section 4. of the council of state article 137 the council of state is the highest jurisdiction in administrative matters. it is [the] judge of the excess of power of the administrative authorities in first and last resort as well as of the recourses for interpretation and for valuation [appréciation] of the legality of the administrative acts. article 138 the council of state takes cognizance of [connaît] equally: of the appeals in cassation formed against the decisions rendered in the last resort by the jurisdictions deciding in administrative matters; of the decisions rendered in last resort by the administrative organs [organismes] and professional associations [ordres]; of the decisions rendered in the last resort by the jurisdiction deciding in matters of dispute concerning registration on the electoral lists; of the decisions rendered by the ordinary courts of first instance [tribunaux de grande instance] sitting in electoral matters. article 139 the council of state gives its opinion on the [bills] of law and bills of ordinances that are submitted to it by the prime minister, before their adoption in the council of ministers. it gives its justified [motivé] opinion to the government on the drafts of decrees or on any other draft of [a] text for which its intervention is specified by the bills, legislative, [or] regulatory provisions[,] or [provisions] submitted to it by the government. article 140 the council of state may be consulted by the prime minister or by the ministers on difficulties of the administrative order. it equally may, on its own initiative, bring [attirer] the attention of the public powers to the reforms of a legislative, regulatory or administrative order that seem to it conform with the public interest. an organic law determines the composition, the organization, the attributions and the functioning of the council of state. section 5. of the court of accounts article 141 the court of accounts is the highest jurisdiction of control of the public finances. it exercises a jurisdictional competence, [and] a competence of control as well as a consultative competence. it is the judge of the accounts of the state, of the territorial collectivities, of the public institutions and enterprises, of the independent administrative authorities and of any organ [organisme] benefiting from the financial aid [concours] of the state and its separated parts [démembrements]. an organic law determines the composition, the organization, the attributions and the functioning of the court of accounts. section 6. of the high court of justice article 142 the president of the republic is not responsible for the acts accomplished in the exercise of his functions except in the case of high treason. he is judged by the high court of justice. there is high treason when the president of the republic violates his oath, refuses to obey [obtempérer] an order of the constitutional court, is recognized author, co-author or accomplice of graves and characterized violations of human rights, of fraudulent cession of a part of the national territory, of compromising the national interests in the matters of administration of the natural resources and the subsoil and of the introduction of toxic wastes inside the national territory. when the president of the republic is found guilty of the crime of high treason, he is relieved [déchu] of his functions. the forfeiture [déchéance] is declared by the constitutional court at the end of the procedure before the high court of justice according to the provisions of this constitution. the high court of justice is competent to judge the members of the government for the reason of the acts qualified as crimes or misdemeanors committed in the exercise[,] or on the occasion of the exercise off[,] their functions. article 143 the high court of justice is an institution before [auprès] the national assembly. it is composed of: four (4) deputies that the national assembly elects from within [its members] [dans son sein] after each general renewal; three (3) magistrates of which one (1) is proposed by the court of cassation, one (1) by the council of the state and one (1) by the court of accounts. the court elects from within [its members] a president from among the four (4) deputies. the commission of investigation [d'instruction] is composed of three (3) magistrates appointed by the president of the court of cassation. the functions of the public ministry before [près] the high court of justice are exercised by the procurator general at [près] the court of cassation and by a substitute-general [substitut général] at the said court. the members of the high court of justice are irremovable for the duration of the legislature. they are appointed before the end of the first ordinary session of the first legislature. article 144 the impeachment [mise en accusation] of the president of the republic is voted by public ballot by the majority of two-thirds (2/3) of the deputies composing the national assembly. the impeachment [mise en accusation] of a member of the government is voted in the same conditions, by an absolute majority. article 145 the high court of justice is bound [liée] by the definition of the crimes and misdemeanors[,] and by the determination of the sentences resulting[,] of the penal laws in force at the time [époque] of the acts included in the prosecutions. the law establishes the rules of its functioning as well as the procedure followed before it. title vii. of the economical, social and cultural development section 1. of the general orientations of the policy of development article 146 the action of the state in matters of the policies of economic and social development is supported by a strategic vision. the state makes of the creation of wealth, of growth and of the fight against inequality a major axis of its interventions. the public policies must promote food supply [alimentaire] sovereignty, durable development, the access to all to social services as well as the improvement of the quality of life. article 147 the state submits itself [s’attèlle] to develop its energy potential in view of achieving energy sovereignty, [and] access to energy and to build a dynamic and competitive industrial, mining, oil and a gas sector, oriented to satisfy the national necessities and the requirements of development. the companies operating in niger are required to employ, as a priority, nigerien personnel and to allow their accession to all employments, in relation to their capacities according to the laws in force. section 2. of the exploitation and the administration of the natural resources and of the subsoil article 148 the natural resources and the subsoil are the property of the nigerien people. the law determines the conditions of their prospecting, their exploitation and their administration. article 149 the state exercises its sovereignty over the natural resources and the subsoil. the exploitation and the administration of the natural resources and of the subsoil must be done with transparency and taking into account the protection of the environment, [and] the cultural heritage as well as the preservation of the interests of present and future generations. article 150 the contracts for prospecting and exploitation the natural resources and the subsoil as well as the revenues paid [versés] to the state, disaggregated, company by company, are completely [intégralement] published in the journal officiel of the republic of niger. article 151 the state assures itself of the effective implementation of the contracts for prospecting and for exploitation granted. article 152 the receipts realized on the natural resources and on the subsoil are divided between the budget of the state and the budgets of the territorial collectivities according to the law. article 153 the state sees to invest in the priority domains, notably agriculture, animal husbandry, health and education, and to the creation of a fund for future generations. section 3. of the economical, social and cultural council [conseil économique, social et culturel (cesoc)] article 154 the economical, social and cultural council assists the president of the republic and the national assembly. it gives its opinion on the questions referred to it by the president of the republic or by the national assembly. it is competent to examine the bills and the proposals of law of economic, social and cultural character, excluding the laws of finance. article 155 an organic law establishes the attributions, the composition, the organization and the functioning of the economic, social and cultural council. title viii. of the superior council of communication [conseil supérieur de la communication (csc)] article 156 the superior council of communication is an independent administrative authority. article 157 the council has as [its] mission to assure and guarantee the freedom and the independence of the means of the audiovisual communication, from the written and electronic press within the respect for the law. as such [à ce titre], it sees to: the respect for the mission of public service conferred on the medias of the state; the respect for ethics [déontologie] in matters of information and communication: the respect for the equitable and effective access of the citizens, the associations and the political parties to the public means of information and communication; the respect for the regulations in force in communication and exploitation; the respect for the statutes of the professionals of communication; the respect for the plurality of opinions in the public and private media; the promotion and to the development of the technology of information and of communication; the training of the personnel, to their professionalization and to the reinforcement of their capacities; the control of the content and modalities of the programming of the emissions of publicity diffused by the public, private, communitarian and associative networks [chaînes] of radio and television; the protection of childhood and adolescence in the programming of the emissions diffused by the public and private companies of audiovisual communication; the promotion of sport and nigerien culture in the programming of the emissions diffused by the public and private companies of audiovisual communication. article 158 audiovisual, written, [and] electronic communication as well as printing and diffusion are free, subject to the respect for the public order, of freedom and of the dignity of the citizens. the medias of the state are public services to which access is guaranteed, in an equitable and effective manner to all in the conditions specified by the law. they have the obligation to favor the democratic debate and to promote the fundamental human rights, the languages and the national sports and cultural products, the national unity, tolerance and solidarity, peace and security, between the different communities, as well as the fight against all forms of discrimination. the statute of the medias of the state is established by a law that guarantees the objectivity, the impartiality and the pluralism of opinions in the treatment and diffusion of the information. the private medias are medias of public utility. as such, they are submitted to the same obligations as the medias of the state as specified in paragraph 3 of this article. article 159 the superior council of communication is directed by a bureau. the councilors elect among themselves one (1) president, one (1) vice president and two (2) reporters [rapporteurs]. only the bureau is permanent. article 160 the members of the superior council of communication must have proven competence, notably in the domain of communication, of public administration, of science, of law [droit], of culture and of the arts. they must have a professional experience of at least ten (10) years and be aged thirty-five (35) years at least. article 161 the superior council of communication is composed of fifteen (15) members as it follows: one (1) notable person [personnalité] proposed by the president of the republic; one (1) notable person proposed by the president of the national assembly; one (1) notable person proposed by the prime minister; three (3) representatives elected by the socio-professional organizations of the medias of the private sector including, at least, one woman; three (3) representatives elected by the trade-union [syndicales] organizations of workers of the medias of the public sector including [dont] a journalist, a producer and a technician with at least one woman; one (1) representative elected by the trade-union organizations of workers of the telecommunications sector; one (1) representative elected by the associations for the defense of the rights of man and promotion of democracy; one (1) representative elected by the collective of the women organizations; one (1) representative elected by the agencies and bureaus of communication and publicity; one (1) representative elected by the cultural creators; one (1) representative elected by the printers and publishers. article 162 the duration of the mandate of the members of the supreme council of communication is five (5) year non-renewable. in case of death, resignation or exclusion of a member, he is replaced in the same conditions for the rest of the mandate. article 163 an organic law specifies [précise] the organization, the attributions, and the functioning of the superior council of communication. title ix. of the territorial collectivities article 164 the territorial administration is based [repose] on the principles of decentralization and deconcentration. the territorial collectivities are created by an organic law. they administered themselves freely by elected councils. the law determines the fundamental principles of the freedom of administration of the territorial collectivities, their competences and their resources. article 165 the state sees to the harmonious development of all the territorial collectivities on the basis of national solidarity, social justice, regional potentialities and interregional equilibrium. the representative of the state sees to the respect for the national interests. article 166 the ordinary courts of first instance [tribunaux de grande instance], in special form [formation], decide on the eligibility of the candidates, control the regularity, the transparency and the sincerity of the local elections. they proclaim the results. the recourses against the decisions in electoral matters of the ordinary courts of first instance are introduced before the council of the state that decides in last resort. article 167 the state recognizes the traditional leadership [chefferie] as the depositary of customary authority. as such, it participates in the administration of the territory of the republic in the conditions determined by the law. the traditional leadership is held to a strict obligation of neutrality and reserve. it is protected against any abuse of power tending to divert it from the role conferred on it by the law. title x. of the treaties and international agreements article 168 the president of the republic negotiates and ratifies the international treaties and agreements. article 169 the treaties of defense and peace, the treaties and agreements relative to the international organizations, those which modify the internal laws of the state and those which involve [portent] [a] financial engagement from the state, may only be ratified following a law authorizing their ratification. article 170 if the constitutional court referred to [the matter] by the president of the republic, by the president of the national assembly, by the prime minister or by one-tenth (1/10) of the deputies, has declared that an international agreement contains a clause contrary to the constitution, the authorization to ratify it can only intervene after revision of the constitution. article 171 the treaties or agreements regularly ratified have, from their publication, an authority superior to that of the laws, subject to[,] for each agreement or treaty[,] of its application by the other party. title xi. of cooperation and association with the states article 172 the republic of niger may conclude with any african state agreements of association or of community involving [emportant] partial or total abandonment of sovereignty in order to achieve african unity. the republic of niger may conclude agreements of cooperation and of association with other states on the basis of reciprocal rights and advantages. it accepts[,] to create with these states, intergovernmental organs [organismes] of common administration, of coordination and of free cooperation. these organs may have as [their] objective, notably: the harmonization of the economical, financial and monetary policy; the establishment of unions with a view to [visant] economic integration by the promotion of production and of exchanges; the creation of funds of solidarity; the harmonization of the plans of development; the harmonization of the foreign policy; cooperation in judicial matters; cooperation in defense matters; cooperation in security matters; cooperation in health matters; cooperation in cultural, scientific and technical matters; the coordination of transports, communications and telecommunications; cooperation in the matters of the fight against natural calamities; to enhance [la mise en valeur] natural resources; the preservation of the environment; cooperation in the matters of the administration of the hydraulic resources. title xii. of revision article 173 the initiative of the revision of the constitution belongs concurrently to the president of the republic and to the members of the national assembly. the initiative of revision of the constitution by the president of the republic is transmitted to the national assembly by the government. article 174 to be taken into consideration, the bill or the proposal of revision must be voted by a majority of three-fourths (3/4) of the members composing the national assembly. if the bill or the proposal in question was approved by a majority of four-fifths (4/5) of the members of the national assembly, the revision is adopted [acquise]. in default, the bill or the proposal is submitted to referendum unless [there is] abandonment of the said bill or proposal. article 175 no procedure of revision may be engaged or followed when the integrity of the territory is infringed. the republican form of the state, the multiparty [system], the principle of the separation of state and religion and the provisions of paragraphs 1 and 2 of article 47 and of article 185 of this constitution may not be made the object of any revision. no procedure of revision of this article is receivable. title xiii. of the transitory provisions article 176 the supreme council for the restoration of democracy [conseil supréme pour la restauration de la démocratie (csrd)], the government and the other organs of the transition will continue to exercise their functions until the official installation of the new authorities. article 177 while waiting for the constitutional court to be put in place, its attributions are exercised by the constitutional council of transition. article 178 while waiting for the court of cassation and for the council of the state to be put in place, the state court [cour d'etat] remains competent for the matters concerning the competence vested respectively in these jurisdictions. the matters pending before the judicial chamber and the administrative chamber and concerning which they have not decided, will be transmitted respectively to the court of cassation and to the council of state, from the installation of these jurisdictions. article 179 while waiting for the high court of justice to be put in place, the matters pending before the former will be transferred to the court of the state. article 180 the president of the republic elected as a result [à l’issue] of the period of transition will take an oath before the constitutional council of transition. article 181 the ordinance no. 2010-001 of the 22 of february of 2010 concerning the organization of the public powers during the period of transition and its modifying texts remain in force until the entrance into [their] functions of the new authorities. the ordinance no. 2010-002 of the ii of march of 2010 relative to the neutrality of the members of the government, of the secretaries general of the ministers and of certain units [cadres] of the territorial administration during the period of transition remains in force until the entrance into [their] functions of the new authorities. the ordinance no. 2010-003 dated on the 11 of march of 2010 relative to the ineligibility of the personnel of the forces of defense and security and of the members of the government of transition remains in force until the entrance into [their] functions of the new authorities. article 182 the legislation now [actuellement] in force remains applicable, insofar as it does not have anything contrary to this constitution, except express abrogation. title xiv. of the final provisions article 183 this constitution will be adopted by referendum. it will enter into force from its promulgation by the president of the supreme council for the restoration of democracy, head of the state[,] within the eight (8) days following the proclamation of the definitive results of the referendum by the constitutional council of transition, under reserve of the transitional provisions above. article 184 the organic laws and the other laws of application specified by this constitution must be adopted obligatorily within the two (2) first years of the first legislature. article 185 an amnesty is granted to the authors, co-authors and accomplices of the coup d'etat of eighteen (18) february 2010. a law will be voted, to this effect, during the first (1st) session of the national assembly. preamble with fidelity to its irreversible choice to construct a democratic state of law, the kingdom of morocco resolutely pursues the process of consolidation and of reinforcement of the institutions of a modern state, having as its bases the principles of participation, of pluralism and of good governance. it develops a society of solidarity where all enjoy security, liberty, equality of opportunities, of respect for their dignity and for social justice, within the framework of the principle of correlation between the rights and the duties of the citizenry. a sovereign muslim state, attached to its national unity and to its territorial integrity, the kingdom of morocco intends to preserve, in its plentitude and its diversity, its one and indivisible national identity. its unity, is forged by the convergence of its arab-islamist, berber [amazighe] and saharan-hassanic [saharo-hassanie] components, nourished and enriched by its african, andalusian, hebraic and mediterranean influences [affluents]. the preeminence accorded to the muslim religion in the national reference is consistent with [va de pair] the attachment of the moroccan people to the values of openness, of moderation, of tolerance and of dialog for mutual understanding between all the cultures and the civilizations of the world. considering the imperative to reinforce the role which belongs to it on the international scene, the kingdom of morocco, active member within the international organizations, is committed to subscribe to the principles, rights and obligations enounced in their respective charters and conventions; it affirms its attachment to the rights of man such as they are universally recognized, as well as its will to continue to work to preserve peace and security in the world. founded on these values and these immutable principles, and strong in its firm will to reaffirm the bonds of fraternity, or cooperation, or solidarity and of constructive partnership with all other states, and to work for common progress, the kingdom of morocco, [a] united state, totally sovereign, belonging the grand maghreb, reaffirms that which follows and commits itself: to work for the construction of the union of the maghreb, as [a] strategic option; to deepen the bonds of togetherness with the arab and islamist ummah [oumma], and to reinforce the bonds of fraternity and of solidarity with its brother peoples; to consolidate relations of cooperation and of solidarity with the peoples and the countries of africa, notably the sub-saharan countries and the [countries] of the sahel; to intensify relations of cooperation, of rapprochement and of partnership with neighboring euro-mediterranean countries; to enlarge and to diversify its relations of amity and of its rapport with human, economic, scientific, technical and cultural exchange with the countries of the world; to reinforce south-south cooperation [cooperation sud-sud]; to protect and to promote the mechanisms [dispositifs] of the rights of man and of international humanitarian law and to contribute to their development within their indivisibility and their universality; to ban and combat all discrimination whenever it encounters it, for reason of sex, or color, of beliefs, of culture, of social or regional origin, of language, of handicap or whatever personal circumstance that may be; to comply with [accorder] the international conventions duly ratified by it, within the framework of the provisions of the constitution and of the laws of the kingdom, within respect for its immutable national identity, and on the publication of these conventions, [their] primacy over the internal law of the country, and to harmonize in consequence the pertinent provisions of national legislation. this preamble is made [an] integral part of this constitution. title one. general provisions article one morocco is a constitutional, democratic, parliamentary and social monarchy. the constitutional regime of the kingdom is founded on the separation, the balance and the collaboration of the powers, as well as on participative democracy of [the] citizen, and the principles of good governance and of the correlation between the responsibility for and the rendering of accounts. the nation relies for its collective life on the federative constants [constantes federatrices], on the occurrence of moderate muslim religion, [on] the national unity of its multiple components [affluents], [on] the constitutional monarchy and [on] democratic choice. the territorial organization of the kingdom is decentralized. it is founded on an advanced regionalization. article 2 sovereignty belongs to the nation which exercises it directly, by way [voie] of referendum, and indirectly, by the intermediary of its representatives. the nation chooses its representatives from among the institutions elected by way of free, honest [sinceres] and regular suffrage. article 3 islam is the religion of the state, which guarantees to all the free exercise of beliefs [cultes]. article 4 the emblem of the state is the red flag stamped in its center with a green star of five points [branches]. the motto of the kingdom is dieu, la patrie, le roi [god, the country, the king]. article 5 arabic is [demeure] the official language of the state. the state works for the protection and for the development of the arabic language, as well as the promotion of its use. likewise, tamazight [berber/amazighe] constitutes an official language of the state, being common patrimony of all moroccans without exception. an organic law defines the process of implementation of the official character of this language, as well as the modalities of its integration into teaching and into the priority domains of public life, so that it may be permitted in time to fulfill its function as an official language. the state works for the preservation of hassani, as an integral component of the moroccan cultural unity, as well as the protection of the speakers [of it] and of the practical cultural expression of morocco. likewise, it sees to the coherence of linguistic policy and national culture and to the learning and mastery of the foreign languages of greatest use in the world, as tools of communication, of integration and of interaction [by which] society [may] know, and to be open to different cultures and to contemporary civilizations. a national council of languages and of moroccan culture [conseil national des langues et de la culture marocaine] is created, charged with[,] notably[,] the protection and the development of the arabic and tamazight languages and of the diverse moroccan cultural expressions, which constitute one authentic patrimony and one source of contemporary inspiration. it brings together the institutions concerned in these domains. an organic law determines its attributions, composition and the modalities of [its] functioning. article 6 the law is the supreme expression of the will of the nation. all, physical or moral persons, and including the public powers, are equal before it and held to submit themselves to it. the public powers work for the creation of the conditions permitting the effectiveness of liberty and of the equality of citizens [feminine] and citizens [masculine] to be made general [generaliser], as well as their participation in political, economic, cultural and social life. the principles of constitutionality, of the hierarchy and of the obligation of publication of juridical norms[,] are affirmed. the law may not have retroactive effect. article 7 the political parties work for the structuring [encadrement] and for the political instruction [formation] of the citizens [feminine] and citizens [masculine], for the promotion of their participation in the national life and the management of public affairs. they concur in the expression of the will of the electors and participate in the exercise of power, on the basis of pluralism and of alternation by democratic methods, within the framework of the constitutional institutions. their constitution and the exercise of their activities are free, within respect for the constitution and for the law. the regime of [a] sole party is illegal. the political parties may not be founded on a religious, linguistic, ethnic or regional basis, or, in a general manner, on any discriminatory basis or [basis] contrary to the rights of man. they may not have for [an] objective [but], infringement to the muslim religion, to the monarchical regime, to the constitutional principles, to the democratic foundations or to the national unity and territorial integrity of the kingdom. the organization and functioning of the political parties must conform to democratic principles. an organic law determines, within the framework of the principles enounced in this article, the regulations concerning[,] notably[,] the constitution and activities of the political parties, of the criteria of concession of financial support of the state, as well as the modalities of control of their financing. article 8 the union organizations of wage-earners, the professional associations [chambers] and the professional organizations of employers contribute to the defense of and to the promotion of[,] the socio-economic rights and interests of the categories which they represent. their constitution and the exercise of their activities, within respect for the constitution and for the law, are free. the structures and functioning of these organizations must conform to democratic principles. the public powers work for the promotion of collective negotiation and to the encouragement of the conclusion of collective labor agreements [conventions] within the conditions provided for by the law. the law determines[,] notably[,] the regulations relative to the constitution of the union organizations, to the activities and to the criteria of concession of financial support of the state, as well as the modalities of control of their financing. article 9 the political parties and the union organizations may not be dissolved or suspended by the public powers except by virtue of a decision of justice. article 10 the constitution guarantees to the parliamentary opposition a status conferring on it the rights that will permit it to appropriately accomplish the missions that accrue to it in the parliamentary work and political life. it guarantees, notably, to the opposition the following rights: the freedom of opinion, of expression, and of assembly; air time [temps d'antenne] at the level of the official media, proportional to its representation; the benefit of public finance, conforming to the provisions of the law; the effective participation in the legislative procedure, notably by inclusion [inscription] of proposals of law in the agenda of both chambers of the parliament; the effective participation in the control of the governmental work, notably by way of [a travers] the motions of censure and the interpellation of the government, [and] the oral questions addressed to the government and the parliamentary commissions of inquiry; the contribution to the proposing of candidates and to the election of members of the constitutional court; an appropriate representation in the internal activities of both chambers of the parliament; the presidency of the commission in charge of the legislation in the chamber of representatives; disposal of means appropriate to assume its institutional functions; the active participation in parliamentary diplomacy with a view to the defense of just causes of the nation and of its vital interests; the contribution to the structuring and the representation of the citizens [feminine] and citizens [masculine] in the work of the political parties which it forms and this, in accordance with the provisions of article 7 of this constitution; the exercise of power in the local, regional and national plans, by way of democratic alternation, and within the framework of the provisions of this constitution. the groups of the opposition are held to provide [apporter] an active and constructive contribution to the parliamentary work. the modalities of exercise, by the groups of the opposition, of the rights provided for above[,] are established, as is the case, by the organic laws, by the laws or additionally, by the internal regulations of each chamber of the parliament. article 11 free, honest and transparent elections constitute the foundation of the legitimacy of democratic representation. the public powers are held to observe strict neutrality vis-à-vis the candidates and the non-discrimination between them. the law defines the rules guaranteeing equitable access to the public media and the full exercise of the freedoms and of the fundamental rights linked to the electoral campaigns and to the operations of the vote. the authorities in charge of the organization of the elections see to the application of these rules. the law defines the conditions and the modalities of independent observation and neutrality of the elections in accordance with the recognized international norms. any person who infringes the provisions and rules of probity, of honesty and of transparency of the elections is punished by the law. the public powers implement the measures necessary for the promotion and the participation of the citizens [feminine] and citizens [masculine] in the elections. article 12 the associations of civil society and the non-governmental organizations are constituted and exercise their activities in all freedom, within respect for the constitution and for the law. they may not be dissolved or suspended, by the public powers, except by virtue of a decision of justice. the associations interested in public matters and the non-governmental organizations, contribute, within the framework of participative democracy, in the enactment, the implementation and the evaluation of the decisions and the initiatives [projets] of the elected institutions and of the public powers. these institutions and powers must organize this contribution in accordance with the conditions and modalities established by the law. the organization and functioning of the associations and the non-governmental organizations must conform to democratic principles. article 13 the public powers work to the creation of instances of dialog [concertation], with a view to associate the different social actors with the enactment, the implementation, the execution and the evaluation of the public policies. article 14 the citizens [feminine] and citizens [masculine] have [disposent], within the conditions and following the modalities established by an organic law, the right to present motions in legislative matters. article 15 the citizens [feminine] and citizens [masculine] have [disposent] the right to present petitions to the public powers. an organic law determines the conditions and the modalities of the exercise of this right. article 16 the kingdom of morocco works for the protection of the rights and legitimate interests of the moroccan citizens [feminine] and citizens [masculine] resident abroad, within respect for international law and for the laws in force in the host countries. it is committed to the maintenance and to the development of their human ties, notably cultural, with the kingdom, and the preservation of their national identity. it sees to the reinforcement of their contribution to the development of their homeland [patrie], morocco, and to the strengthening [resesserrement] of ties of amity and of cooperation between the governments and the societies of the countries where they reside, and of which they are citizens. article 17 the moroccans residents abroad enjoy the full rights of citizenship, including the right to be electors and eligible. they can be candidates to the elections at the level of lists and of local, regional and national electoral circumscriptions. the law establishes the specific criteria of eligibility and of incompatibility. it determines, as well, the conditions and the modalities of the effective exercise of the right to vote and of candidature from the countries of residence. article 18 the public powers work to assure a participation as extensive as possible to moroccans resident abroad, in the consultative institutions and [institutions] of good governance created by the constitution or by the law. title ii. fundamental freedoms and rights article 19 the man and the woman enjoy, in equality, the rights and freedoms of civil, political, economic, social, cultural and environmental character, enounced in this title and in the other provisions of the constitution, as well as in the international conventions and pacts duly ratified by morocco and this, with respect for the provisions of the constitution, of the constants [constantes] of the kingdom and of its laws. the state works for the realization of parity between men and women. an authority for parity and the struggle against all forms of discrimination is created, to this effect. article 20 the right to life is the first right of any human being. the law protects this right. article 21 all have the right to the security of their person and of their kin [proches], and to the protection of their assets. the public powers assure the security of the populations and of the national territory within respect for the fundamental freedoms and rights guaranteed to all. article 22 the physical or moral integrity of anyone may not be infringed, in whatever circumstance that may be, and by any party that may be, public or private. no one may inflict on others, under whatever pretext there may be, cruel, inhuman, [or] degrading treatments or infringements of human dignity. the practice of torture, under any of its forms and by anyone, is a crime punishable by the law. article 23 no one may be arrested, detained, prosecuted or condemned outside of the cases and the forms provided by the law. arbitrary or secret detention and forced disappearance are crimes of the greatest gravity. they expose their authors to the most severe sanctions. any detained person has the right to be informed immediately, in a fashion which is comprehensible to him, of the reasons [motifs] of his detention and of his rights, including that of remaining silent. he must benefit, as well, from juridical assistance and of the possibility of communication with his relations, in accordance with the law. the presumption of innocence and the right to an equitable process are guaranteed. any detained person enjoys the fundamental rights and humane conditions of detention. he must benefit from programs of instruction and of reintegration [reinsertion]. all incitement to racism, to hatred and to violence is prohibited. genocide and all other crimes against humanity, the crimes of war and all the grave and systematic violations of the rights of man are punished by the law. article 24 any person has the right to the protection of their private life. the domicile is inviolable. searches may only intervene in the conditions and the forms provided by the law. private communications, under whatever form that may be, are secret. only justice can authorize, under the conditions and following the forms provided by the law, the access to their content, their total or partial divulgation or their summons [invocation] at the demand [charge] of whosoever. the freedom to circulate and to establish oneself on the national territory, to leave it and to return, in accordance with the law[,] is guaranteed to all. article 25 the freedoms of thought, of opinion and of expression under all their forms[,] are guaranteed. the freedoms of creation, of publication and of presentation [exposition] in literary and artistic maters and of scientific and technical research[,] are guaranteed. article 26 the public powers lend, by appropriate measures, their support to the development of cultural and artistic creation, and of scientific and technical research, as well as to the promotion of sports. they favor the development and the organization of these sectors in independent manner and on democratic and specific professional bases. article 27 the citizens [feminine] and citizens [masculine] have the right of access to information held by the public administration, the elected institutions and the organs [organismes] invested with missions of public service. the right to information may only be limited by the law, with the objective [but] of assuring the protection of all which concerns national defense, the internal and external security of the state, and the private life of persons, of preventing infringement to the fundamental freedoms and rights enounced in this constitution and of protecting the sources and the domains determined with specificity by the law. article 28 the freedom of the press is guaranteed and may not be limited by any form of prior censure. all have the right to express and to disseminate freely and within the sole limits expressly provided by the law, information, ideas and opinions. the public powers encourage the organization of the sector of the press in an independent manner and on democratic bases, as well as the determination of the juridical and ethical rules concerning it. the law establishes the rules of organization and of control of the means of public communication. it guarantees access to these means respecting the linguistic, cultural and political pluralism of the moroccan society. in accordance with the provisions of article 165 of this constitution, the high authority of broadcasting [haute autorite de la communication audiovisuelle] sees to respect for this pluralism. article 29 the freedoms of reunion, of assembly, of peaceful demonstration, of association and of syndical and political membership [appartenance], are guaranteed. the law establishes the conditions of the exercise of these freedoms. the right to strike is guaranteed. an organic law establishes the conditions and the modalities of its exercise. article 30 all the citizens [feminine] and the citizens [masculine] of majority, enjoying their civil and political rights[,] are electors and eligible. the law provides [prevoit] the provisions of [a] nature encouraging the equal access of women and men to the elective functions. the vote is a personal right and a national duty. foreigners under [moroccan] jurisdiction [ressortissants etrangers] enjoy the fundamental freedoms recognized to moroccan citizens [feminine] and citizens [masculine], in accordance with the law. those among them who reside in morocco can participate in local elections by virtue of the law, of the application of international conventions or of practices of reciprocity. the conditions of extradition and of granting of the right of asylum are defined by the law. article 31 the state, the public establishments and the territorial collectivities work for the mobilization of all the means available [disponibles] to facilitate the equal access of the citizens [feminine] and the citizens [masculine] to conditions that permit their enjoyment of the right: to healthcare; to social protection, to medical coverage and to the mutual or organized joint and several liability of the state; to a modern, accessible education of quality; to education concerning attachment to the moroccan identity and to the immutable national constants; to professional instruction and to physical and artistic education; to decent housing; to work and to the support of the public powers in matters of searching for employment or of self-employment; to access to the public functions according to the merits; to the access to water and to a healthy environment; to lasting [durable] development. article 32 the family, founded on the legal ties of marriage, is the basic unit [cellule] of society. the state works to guarantee, by the law, the protection of the family under the juridical, social and economic plans, in a manner to guarantee its unity, its stability and its preservation. it assures one equal juridical protection and one equal social and moral consideration to all children, [being the] abstraction made from their familial situation. fundamental instruction [enseignement] is a right of the child and an obligation of the family and of the state. a consultative council of the family and of childhood [conseil consultatif de la famille et de l'enfance] is created. article 33 it is incumbent on the public powers to take all the appropriate measures with a view to: stimulate and make general the participation of youth in the social, economic, cultural and political development of the country; to aid the young to establish themselves in [an] active and associative life and to give assistance to them in the difficulty of scholarly, social or professional adaptation; to facilitate the access of the young to culture, to science, to technology, to art, to sports and to leisure, all in creation of propitious conditions for the full deployment of their creative and innovative potential in all these domains. a consultative council of youth and of associative action [conseil consultatif de la jeunesse et de l’action associative], is created to this effect. article 34 the public powers enact [elaborent] and implement the policies designed [destinies] for persons and for categories of specific needs. to this effect, it sees notably: to respond to [traiter] and provide for the vulnerability of certain categories of women and of mothers, of children, and of elderly persons; to rehabilitate and integrate into social and civil life the physically sensory-motor [sensorimoteurs] and mentally handicapped and to facilitate their enjoyment of the rights and freedoms recognized to all. article 35 the right to property is guaranteed. the law can limit the extent of it and the exercise of it if the exigencies of economic and social development of the country necessitate it. expropriation may only proceed in the cases and the forms provided by the law. the state guarantees the freedom to contract and free competition. it works for the realization of a lasting human development, likewise to permit the consolidation of social justice and the preservation of the national natural resources and of the rights of the future generations. the state looks to guarantee the equality of opportunities for all and [to] one specific protection for the socially disfavored categories. article 36 the infractions relative to conflicts of interest, to insider crimes [delits d'initie] and all infractions of financial order are sanctioned by the law. the public powers are held to prevent and to reprimand, in accordance with the law, all forms of delinquency arising from the activity of the administrations and of the pubic organs [organismes], from the use of funds which they control [disposent], as well as from transfers [passation] and from the management of public markets. influence trafficking and [trafficking] in privileges, the abuse of a dominant position and of monopoly, and all the other practices contrary to the principles of free and fair competition in economic relations, are sanctioned by the law. a national instance of probity, of prevention and for the struggle against corruption [instance nationale de la probite, de la prevention et de la lutte contre la corruption], is created. article 37 all the citizens [feminine] and the citizens [masculine] must respect the constitution and conform to the law. they must exercise the rights and freedoms guaranteed by the constitution in a spirit of responsibility and of engaged citizenship, where the exercise of the rights is made in correlation to the accomplishment of the duties. article 38 all the citizens [feminine] and the citizens [masculine] contribute to the defense of the country and of its territorial integrity against any aggression or threat [menace]. article 39 all support, in proportion to their contributive faculties, the public expenditures [charges] which only the law may, in the forms provided by this constitution, create and assess [repartir]. article 40 all support with solidarity and proportionally to their means, the expenses that the development of the country requires, and those resulting from calamities and from natural catastrophes. title iii. of the royalty article 41 the king, commander of the faithful [amir al mouminine], sees to the respect for islam. he is the guarantor of the free exercise of beliefs [cultes]. he presides over the superior council of the ulema [conseil superieur des oulema], charged with the study of questions that he submits to it. the council is the sole instance enabled [habilitee] to comment [prononcer] on the religious consultations (fatwas) before being officially agreed to, on the questions to which it has been referred [saisi] and this, on the basis of the tolerant principles, precepts and designs of islam. the attributions, the composition and the modalities of functioning of the council are established by dahir [royal decree]. the king exercises by dahirs the religious prerogatives inherent in the institution of the emirate of the faithful [imarat al mouminine] which are conferred on him in exclusive manner by this article. article 42 the king head of state, his supreme representative, symbol of the unity of the nation, guarantor of the permanence and of the continuity of the state and supreme arbiter between the institutions, sees to respect for the constitution, to the good functioning of the constitutional institutions, to the protection of democratic choice and of the rights and freedoms of the citizens [feminine] and citizens [masculine], of the collectivities, and to respect for the international commitments of the kingdom. he is the guarantor of the independence of the country and of the territorial integrity of the kingdom within its authentic frontiers. the king exercises these missions by dahirs by virtue of the powers that are expressly devolved to him by this constitution. the dahirs, with the exception of those provided for in articles 41, 44 (2nd paragraph), 47 (1st and 6th paragraphs), 51, 57, 59, 130 (1st and 4th paragraphs) and 174, are countersigned by the head of government. article 43 the crown of morocco and its constitutional rights are hereditary and are transmitted from father to son through male descendants in direct line and by order of primogeniture of his majesty the king mohammed vi, unless the king has designated, in his lifetime, a successor from among his sons, other than his eldest son. when there are no male descendants in direct line, the succession to the throne is devolved in the closest male collateral line and in the same conditions. article 44 the king is a minor until reaching eighteen years [of age]. during the minority of the king, a council of the regency [conseil de regence] exercises the powers and the constitutional rights of the crown, except those relative to the revision of the constitution. the council of the regency shall function as [a] consultative organ before the king until the day [when] he has attained the age of eighteen years. the council of the regency is presided over the president of the constitutional court. it is composed, moreover, of the head of government, of the president of the chamber of representatives, of the president of the chamber of councilors, of the president-delegate of the superior council of the judicial power [president-delegue du conseil superieur du pouvoir judiciare], of the secretary general of the superior council of the ulema and of ten prominent persons [personnalites] appointed by the king intuitu personae. the rules of functioning of the council of the regency are established by an organic law. article 45 the king disposes [disposes] of a civil list. article 46 the person of the king is inviolable, and respect is due him. article 47 the king appoints the head of government from within the political party arriving ahead in the elections of the members of the chamber of representatives, and with a view to their results. on proposal of the head of government, he appoints the members of the government. the king can, on his initiative, and after consultation with the head of government, terminate the functions of one or more members of the government. the head of government can demand of the king to terminate the functions of one or more members of the government. the head of government can demand of the king to terminate the functions of one or more members of the government who make their individual or collective resignation. following the resignation of the head of government, the king terminates the functions of the whole of the government. the government which has been terminated in its functions expedites the current affairs until the constitution of the new government. article 48 the king presides over the council of ministers composed of the head of government and of the ministers. the council of ministers meets on the initiative of the king or on the demand of the head of government. the king can, on the basis of a specific [determine] agenda, delegate to the head of government the presidency of a council of ministers. article 49 the council of ministers deliberates on the following questions and texts: the strategic orientations of the policy of the state; the bills of revision of the constitution; the bills of organic laws; the general orientations of the bill of the law of finance; the bills of framework law [loi-cadre] provided for by article 71 (2nd paragraph) of this constitution; the bill of law of amnesty; the bills of texts relative to the military domain; the declaration of the state of siege; the declaration of war; the bill of decree provided for by article 104 of this constitution; the appointment, on the proposal of the head of government and at the initiative of the minister concerned, to the following civil offices [emplois]: wali of bank ai-maghrib, ambassadors, walis and governors, and responsible [persons] of the administrations charged with internal security, as well as the responsible [persons] of the public strategic establishments and enterprises. an organic law specifies [precise] the list of these strategic establishments and enterprises. article 50 the king promulgates the law within the thirty days which follow the transmission to the government of the law definitively adopted. the law so promulgated must be made the object of publication in the bulletin officiel of the kingdom within a time not exceeding one month counting from the date of the dahir of its promulgation. article 51 the king can dissolve, by dahir, both chambers of the parliament or one of them within the conditions provided by articles 96, 97 and 98. article 52 the king can address messages to the nation and to the parliament. the messages are read before either chamber and may not be made the object of any debate. article 53 the king is the supreme head of the royal armed forces. he appoints to the military offices [emplois] and can delegate this right. article 54 a superior council of security [conseil superieur de securite] is created, as the instance of coordination [concertation] concerning the strategies of internal and external security of the country, and of management of crisis situations. the council sees equally to the institutionalization of the norms of a good security governance. the king presides over this council and can delegate to the head of government the presidency of a meeting of the council, on the basis of a specific agenda. the superior council of security is composed of, other than the head of government, the president of the chamber of representatives, of the president of the chamber of councilors, the president-delegate of the superior council of the judicial power, the ministers responsible for [charges] the interior, of foreign affairs, of justice and of the administration of national defense, as well as those responsible [persons] of the administrations competent in security matters, of the superior officers of the royal armed forces and any other prominent person whose presence is useful to the work of the said council. the internal regulations of the council establish the rules of its organization and of its functioning. article 55 the king accredits the ambassadors to foreign states and to the international organs [organismes]. the ambassadors and the representatives of the international organs [organismes] are accredited to him. he signs and ratifies the treaties. however, the treaties of peace or of union, or those relative to the delimitation of the frontiers, the commercial treaties or those which engage the finances of the state or the application of which necessitate legislative measures, as well as those treaties relative to the individual or collective rights and freedoms of the citizens [feminine] and citizens [masculine], may only be ratified after having been previously approved by the law. the king can submit to the parliament any other treaty or convention before its ratification. if the constitutional court, referred to [the matter] by the king or the head of government or the president of the chamber of representatives or the president of the chamber of councilors or one-sixth of the members of the first chamber or one-quarter of the members of the second chamber, declares that an international commitment contains [comporte] a provision contrary to the constitution, its ratification may only intervene after the revision of the constitution. article 56 the king presides over the superior council of the judicial power. article 57 the king approves by dahir the appointment of the magistrates by the superior council of the judicial power. article 58 the king exercises the right of pardon. article 59 when the integrity of the national territory is threatened or [in case] that events are produced which obstruct the regular functioning of the constitutional institutions, the king can, after having consulted the head of government, the president of the chamber of representatives, the president of the chamber of councilors, as well as the president of the constitutional court, and addressing a message to the nation, proclaim by dahir the state of exception. by this act, the king is enabled [habilite] to take the measures that the defense of the territorial integrity imposes and to return, in the least time, to the normal functioning of the constitutional institutions. the parliament may not be dissolved during the exercise of exceptional powers. the fundamental rights and freedoms provided by this constitution remain guaranteed. the state of exception is terminated in the same forms as its proclamation, once the conditions which have justified it do not exist. title iv. of the legislative power of the organization of the parliament article 60 the parliament is composed of two chambers, the chamber of representatives and the chamber of councilors. their members hold their mandate from the nation. their right to vote is personal and may not be delegated. the opposition is an essential component of both chambers. it participates in the functions of legislation and of control such as [they are] provided for, notably within this title. article 61 any member of one of both chambers who renounces his political affiliation [appartenance] in the name of which he was presented [as a] candidate at the elections[,] or to the parliamentary group to which he is affiliated, is discharged from his mandate. the constitutional court, referred to [the matter] by the president of the chamber concerned, declares the vacancy of the seat and this, in accordance with the provision of the internal regulations of the chamber concerned, which establishes equally the time periods and the procedure of referring the constitutional court to [the matter]. article 62 the members of the chamber of representatives are elected for five years by universal direct suffrage. the legislature concludes on the opening of the session of october of the fifth year that follows the election of the chamber. the number of representatives, the electoral regime, the principles of electoral division, the conditions of eligibility, the case of incompatibilities, the rules of limitation of accumulation of mandates and the organization of electoral disputes, are established by an organic law. the president of the chamber of representatives and the members of the bureau, as well as the presidents of the permanent commissions and their bureaus, are elected at the beginning of the legislature, [and] again in the third year, at the time of the session of april and for the time remaining to cover said legislature. the election of the members of the bureau takes place with the proportional representation of the groups. article 63 the chamber of councilors is composed of a minimum of 90 members and of a maximum of 120, elected by indirect universal suffrage for six years, according to the following division: three-fifths of the members represent the local collectivities. this component [effectif] is divided between the regions of the kingdom, in proportion to their respective populations and in observance of equity between the regions. the one-third reserved to the region is elected at the level of each region by the regional council [conseil regional] from among its members. the two-thirds remaining are elected by an electoral college at the level of the region by the members of the communal, prefectural and provincial councils; two-fifths of the members elected in each region by the electoral colleges composed of those elected to the professional chambers [chambers professionnelles] and of the most representative professional organizations of employers, and of the elected members to the national echelon by an electoral college composed of the representatives of the salaried [workers]. the number of the members of the chamber of councilors and their electoral regime, the number of them to be elected by each of the electoral colleges, the division of seats per region, the conditions of eligibility and the case of incompatibilities, the rules of limitation of accumulation of mandates and the organization of electoral disputes, are established by an organic law. the president of the chamber of councilors and the members of its bureau as well as the presidents of the permanent commissions and their bureaus, are elected at the beginning of the legislature, [and] again at the time of half of the legislature. the election of the members of the bureau takes place with the proportional representation of the groups. article 64 no member of the parliament may be prosecuted, investigated, arrested, detained or judged on the occasion of an opinion or of a vote emitted by him in the exercise of his functions, except in case where the opinion expressed challenges the monarchic form of the state or the muslim religion or constitutes an infringement of the due respect for the king. article 65 the parliament sits during two sessions per year. the king presides over the opening of the first session which commences on the second friday of october. the second session is opened on the second friday of april. when the parliament has sat four months at least, in the course of each session, cloture can be pronounced by decree. article 66 the parliament can meet in extraordinary session, either by decree, or at the demand of one-third of the members of the chamber of representatives or of the majority of those of the chamber of councilors. the extraordinary sessions of the parliament are held on the basis of a specific agenda. when this latter is exhausted, the session is closed by decree. article 67 the ministers have access to each chamber and to their commissions. they may be assisted by the commissioners designated by them. other than the permanent commissions mentioned in the preceding paragraph, commissions of inquiry may be created[,] at the initiative of the king or at the demand of one-third of the members of the chamber of representatives, or of one-third of the members of the chamber of councilors, formed to collect elements of information on specific matters [faits] or on the management of public services, enterprises and establishments, and to submit their conclusions to the chamber concerned. commissions of inquiry may not be created when the matters have given rise to judicial prosecutions and as long as these prosecutions are underway [en cours]. if a commission has already been created, its mission terminates on the opening of a judicial inquiry [information] concerning the matters which motivated its creation. the commissions of inquiry have a temporary character. their mission terminates by the deposit of their report to the bureau of the chamber concerned and, the case arising, by the referral of [the matter] to justice by the president of the said chamber. a public sitting is reserved by the chamber concerned for the discussion of the reports of the commissions of inquiry. an organic law establishes the modalities of functioning of these commissions. article 68 the sittings of the chambers of the parliament are public. the complete record of the debates is published in the bulletin officiel of the parliament. each chamber can sit in secret committee, at the demand of the head of government or of one-third of its members. the meetings of the commissions of the parliament are secret. the internal regulations of both chambers of the parliament establish the cases and the rules permitting public sittings of the commissions to be held. the parliament holds joint [communes] sittings of both chambers, in particular in the following cases: the opening by the king of the parliamentary session, the second friday of the month of october, and the address of royal messages destined to the parliament; the adoption of the revision of the constitution in accordance with the provisions of article 174; the declarations of the head of government; the presentation of the bill of the law of finance of the year; the speeches [discourse] of the foreign heads of state and of government. the head of government can equally demand[,] of the president of the chamber of representatives and of the president of the chamber of councilors[,] to hold joint meetings of both chambers, for the presentation of information bearing on the matters which possess an important national character. the joint meetings are held under the presidency of the president of the chamber of representatives. the internal regulations of both chambers determine the modalities of the rules of the holding of these meetings. other than the common sittings, the permanent commissions of the parliament may hold joint meetings to hear information bearing on the matters which possess an important national character and this, in accordance with the rules established by the internal regulations of both chambers. article 69 each chamber establishes and votes its internal regulations. however, they may not be implemented until after having been declared by the constitutional court [as] conforming to the provisions of this constitution. both chambers of the parliament are held to take into consideration, during the drafting of their respective internal regulations, the imperatives of their harmonization and their complementariness, in a manner to guarantee the efficiency of the parliamentary work. the internal regulations establish notably: the rules of composition, of functioning and of affiliation concerning the parliamentary groups [groupes] and sub-groups [groupements], and the specific rights recognized to opposition groups; the obligations of effective participation of the members in the work of the commissions and of the plenary sittings, and including the sanctions applicable in case of absence; the number, the attributions and the organization of the permanent commissions, of reserving of the presidency of one or two of these commissions[,] at least[,] to the opposition, under reserve of the provisions of article 10 of this constitution. of the powers of the parliament article 70 the parliament exercises the legislative power. it votes the laws, controls the action of the government and evaluates the public policies. an enabling law [loi d'habilitation] may authorize the government, for a limited time and in view of a specific objective, to take by decree the measures which are normally of the domain of the law. the decrees enter into force on their publication, but they must be submitted, in the term of time established by the enabling law, to the ratification of the parliament. the enabling law becomes lapsed in the case of the dissolution of the two chambers of parliament or of one among them. article 71 [the following] are of the domain of the law, other than the matters that are expressly devolved on it by other articles of the constitution: the fundamental freedoms and rights provided for in the preamble and in the other articles of this constitution; the statute of the family and the civil estate; the principles and rules of the health system; the regime of the broadcast media and of the press[,] in all their forms; amnesty; nationality and the status [condition] of foreigners; the determination of infractions and the penalties which are applicable to them; the judicial organization and the creation of new categories of jurisdictions; the civil procedure and the criminal procedure; the penitentiary regime; the general statute of the public function; the fundamental guarantees accorded to the civil and military functionaries; the statute of the services and forces of maintenance of order; the regime of the territorial collectivities and the principles of delimitation of their territorial resort [ressort]; the electoral regime of the territorial collectivities and the principles of dividing of the electoral circumscriptions; the fiscal regime and the basis [assiette], tax and the modalities of collection of imposts; the juridical regime of the issuance of the currency and the statute of the central bank; the customs [douanes] regime; the regime of civil and commercial obligations, the law of societies and cooperatives; real rights and the regimes of public, private and collective real property; the transport regime; the relations of work, of social security, work [related] accidents and vocational [professionnelle] [related] illnesses; the regime of banks, of insurance companies and of mutual [insurance]; the regime of the technologies of information and of communication; urbanism and land management [amenagement du territoire]; the rules relative to the management of the environment, to the protection of the natural resources and to lasting development; the regime of waters and forests and of fishing; the determination of the orientations and the general organization of teaching, of scientific research and of vocational [professionnelle] instruction; the creation of public establishments and of all other moral persons of public law; the nationalization of enterprises and the regime of privatizations; other than the matters specified in the preceding paragraph, the parliament is enabled to vote the framework laws [lois-cadres] concerning the fundamental objectives of the economic, social, environmental and cultural activity of the state. article 72 the matters other than those which are of the domain of the law belong to the regulatory domain. article 73 the texts taken in legislative form may be modified by decree, after the conforming opinion of the constitutional court, when they would intervene in a domain devolved to the exercise of the regulatory power. article 74 the state of siege can be declared, by dahir countersigned by the head of government, for a time of thirty days. this time may only be extended by the law. article 75 the parliament votes the law of finance, deposited by priority before the chamber of representatives, within the conditions provided for by an organic law. this determines the nature of the information, documents and data [donnees] necessary to enrich the parliamentary debates on the bill of the law of finance. the parliament votes one sole time [on] the expenditures of investment necessary, within the domain of development, for the realization of the plans of strategic development and of multi-annual programs, established by the government[,] which informs the parliament of it. the expenditures so approved are automatically applied [reconduites] for the duration [pendant la duree] of these plans and programs. only the government is enabled to deposit the bills of law intended to modify the expenditures approved within the aforementioned framework. if, at the end of the budgetary year, the law of finance is not voted or is not promulgated because of its submission to the constitutional court in application of article 132 of this constitution, the government opens, by decree, the credits necessary for the provision [marche] of the public services and for the exercise of their mission, as a function of the budgetary proposals submitted for approval. in this case, the receipts continue to be collected in accordance with the legislative and regulatory provisions in force concerning them with the exception, however, of the receipts of which the suppression is proposed in the bill of the law of finance. as for those for which the said bill specifies a diminishment of tax, they will collect the new tax proposed. article 76 the government submits annually to the parliament a law of regulation of the law of finance[,] in the course of the second fiscal year [exercise] which follows that of the execution of said law of finance. this law includes the balance-sheet [bilan] of the budgets of investments of which the term is ending [arrivee a echeance]. article 77 the parliament and the government see to the preservation of the balance of the finances of the state. the government may oppose, in substantiated manner, the receivability [irrecevabilite] of any proposal or amendment formulated by the members of parliament when their adoption could have as a consequence, in relation to the law of finance, either a diminishment of the public resources, or the creation or aggravation of a public expenditure [charge]. of the exercise of the legislative power article 78 the initiative of law belongs concurrently to the head of government and to the members of the parliament. the bills of law are deposited in priority with the bureau of the chamber of representatives. however, the bills of law particularly relative to the territorial collectivities, to regional development and to social affairs are deposited in priority with the bureau of the chamber of councilors. article 79 the government may oppose the receivability of any proposal or amendment which is not of the domain of the law. in case of disagreement, the constitutional court decides, within a time of eight days, at the demand of the president of one or the other chamber of the parliament or of the head of government. article 80 the bills and proposals of law are submitted for examination to the commissions, of which [such] activity is pursued between the sessions. article 81 the government can adopt [prendre], in the interval of the sessions, with the agreement of the commissions concerned of the two chambers, decree-laws which must be, in the course of the following ordinary session of the parliament, submitted to the ratification of it. the bill of decree-law is deposited with the bureau of the chamber of representatives. it is examined successively by the concerned commissions of the two chambers with a view to reaching a common decision within a time of six days. in default [of this], the decision is taken by the commission concerned of the chamber of representatives. article 82 the agenda of each chamber is established by its bureau. it includes the bills [projets] of law and the proposals [propositions] of law, by priority and in the order that the government has established. one day per month at least is reserved for the examination of the proposals of law of which are [of] the opposition. article 83 the members of each chamber of the parliament and the government have the right of amendment. after the opening of the debate, the government can oppose the examination of any amendment which has not been previously submitted to the interested commission. if the government demands it, the chamber referred to a text for discussion, decides by one sole vote on all or part of it, only retaining in it the amendments proposed or accepted by the government. the concerned chamber can oppose this procedure with the majority of its members. article 84 any bill or proposal of law is examined successively by the two chambers of the parliament to reach the adoption of an identical text. the chamber of representatives deliberates first and successively on the bills of law and on the proposals of law initiated by its members; the chamber of councilors deliberates first and successively on the bills of law as well as on the proposals of law initiated by its members. one chamber referred to a text voted by the other chamber, deliberates on the text which has been transmitted to it. the chamber of representatives adopts in last resort the text examined. the vote may only take place with the absolute majority of the members present, whenever it deals with a text concerning the territorial collectivities and the domains related to [afferents] regional development and to social affairs. article 85 the bills and proposals of organic law are only submitted to deliberation by the chamber of representatives at the end of a time of ten days after their deposit with the bureau of the chamber and following the same procedure specified in article 84. they are definitively adopted with the majority of the members present of said chamber. nevertheless, when it deals with a bill or proposal of organic law relative to the chamber of councilors concerning the territorial collectivities, the vote takes place with the majority of the members of the chamber of representatives. the organic laws relative to the chamber of councilors must be voted in the same terms by both chambers of the parliament. the organic laws may only be promulgated after the constitutional court has decided on their conformity with the constitution. article 86 the bills of organic laws provided for by this constitution must have been submitted for approval to the parliament within a time not exceeding the duration of the first legislature following the promulgation of said constitution. title v. of the executive power article 87 the government is composed of the head of government and of the ministers, and may consist also of the secretaries of state. an organic law defines, notably, the rules relative to the organization and to the conduct of the work of the government and to the status of its members. it determines equally the case of incompatibility with the governmental function, the rules relative to the limitation of accumulation of functions, as well as those governing the handling [expedition] of current affairs by the government of which the functions have been terminated. article 88 after the designation of the members of the government by the king, the head of government presents and introduces before the two chambers of the parliament meeting [jointly], the program that it intends to implement [compte appliquer]. this program must delineate [degager] the directive lines of action that the government proposes to lead [mener] in the various sectors of national activity and notably, in the domains concerned with economic, social, environmental, cultural and foreign policy. this program is made the object of debate before each of the two chambers. it is followed by a vote in the chamber of representatives. the government is invested, after having obtained the confidence of the chamber of representatives, expressed by the vote of the absolute majority of the members composing said chamber, in favor of the program of the government. article 89 the government exercises the executive power. under the authority of the head of government, the government implements its governmental program, assures the execution of the laws, disposes the administration and supervises the public enterprises and establishments and assures their protection [tutelle]. article 90 the head of government exercises the regulatory power and can delegate certain of these powers to the ministers. the regulatory acts of the head of government are countersigned by the ministers charged with their execution. article 91 the head of government appoints to the civil offices [emplois] in the public administrations and to the high functions of the public establishments and enterprises, without prejudice to the provisions of article 49 of this constitution. he can delegate this power. article 92 under the presidency of the head of government, the council of government [conseil du gouvernement] deliberates on the following questions and texts: the general policy of the state before its presentation in the council of ministers; the public policies; the sectorial policies; the engagement of the responsibility of the government before the chamber of representatives; the questions of current affairs concerning the rights of man and public order; the bills of law, including [dont] the bill of the law of finance, before their deposit with the bureau of the chamber of representatives, without prejudice to the provisions of article 49 of this constitution; the decree-laws; the drafts [projets] of regulatory decrees; the bills of decrees specified in articles 65 (2nd paragraph), 66 and 70 (3rd paragraph) of this constitution; the treaties and the international conventions before their submission to the council of ministers; the appointment of the secretaries-general and the central directors of the public administrations, the presidents of universities, of the deans and directors of the superior schools and institutes. the organic law provided for by article 49 of this constitution may complete the list of the functions to be provided for in the council of government, and determine, in particular, the principles and criteria of appointment to these functions, notably those of equality of opportunities, of merit, of competence and of transparency. the head of government informs the king of the conclusions of the deliberations of the council of government. article 93 the ministers are responsible, each in the sector for which he has the responsibility [charge] and in the framework of governmental solidarity, of the implementation of the policy of the government. the ministers accomplish the missions which the head of government confides in them. they render account to the council of government. they can delegate a part of their attributions to the secretaries of state. article 94 the members of the government are criminally responsible before the jurisdictions of the kingdom for the crimes and misdemeanors committed in the exercise of their functions. the law determines the procedure relative to this responsibility. title vi. of the relations between the powers of the relations between the king and the legislative power article 95 the king can demand of the two chambers of parliament that they must proceed to a new reading of any bill or proposal of law. the demand of a new reading is formulated by message. this new reading may not be refused. article 96 the king can, after having consulted the president of the constitutional court and [having] informed the head of government, the president of the chamber of representatives and the president of the chamber of councilors, dissolve by dahir, the two chambers or one of them only. the dissolution takes place after [a] message addressed by the king to the nation. article 97 the election of the new parliament or of the new chamber intervenes two months, at most, after the dissolution. article 98 when one chamber is dissolved, that which succeeds it may only be [dissolved] one year after its election, except if no governmental majority can be established [degage] from within the chamber of representatives newly elected. article 99 the declaration of war, decided in the council of ministers, in accordance with article 49 of this constitution, takes place after communication made by the king to the parliament. of the relations between the legislative and executive powers article 100 one sitting per week is reserved in each chamber by priority to the questions of the members of it and to the responses of the government. the government must give its response within the twenty days following the date on which it was referred to [the matter] of the question. the responses to the questions of general policy are given by the head of government. one sitting per month is reserved to these questions and the responses and related replies [afferents] are presented before the chamber concerned within the thirty days following the date of their transmission to the head of government. article 101 the head of government presents before the parliament an accounting [bilan] of the governmental action, at his initiative or at the demand of one-third of the members of the camber of representatives or of the majority of the chamber of councilors. one annual sitting is reserved by the parliament to the discussion and to the evaluation of the public policies. article 102 the commissions concerned within each of the two chambers can demand to hear the responsible [persons] of the administrations and of the public establishments and enterprises, in the presence of and under the responsibility of the ministers concerned. article 103 the head of government can engage the responsibility of the government before the chamber of representatives, on a declaration of public policy or on the vote of a text. the confidence can only be refused or the text rejected with the absolute majority of the members composing the chamber of representatives. the vote may only intervene three working days after the question of confidence has been posed. the refusal of confidence results in the collective resignation of the government. article 104 the head of government can dissolve the chamber of representatives, by decree taken in the council of ministers, after having consulted the king, the president of that chamber and the president of the constitutional court. the head of government presents before the chamber of representatives a declaration concerning[,] notably[,] the reasons for and the objectives [buts] of the decision of dissolution. article 105 the chamber of representatives can engage [mettre en cause] the responsibility of the government by the vote of a motion of censure. this is only receivable if it is signed by one-fifth at least of the members composing the chamber. the motion of censure is only approved by the chamber of representatives by a vote taken with the absolute majority of the members that compose it. the vote may only intervene three working days after the deposit of the motion. the vote of censure results in the collective resignation of the government. when the government is censured by the chamber of representatives, no motion of censure by this chamber is receivable during a time of one year. article 106 the chamber of councilors can interpellate the government by means of a motion signed by one-fifth at least of its members. it can only be voted three working days after its deposit, by the absolute majority of the members of this chamber. the text of the motion of interpellation is immediately addressed by the president of the chamber of councilors to the head of government who is provided with a time of six days to present before this chamber the response of the government. this is followed by a debate without vote. title vii. of the judicial power of the independence of justice article 107 the judicial power is independent of the legislative power and of the executive power. the king is the guarantor of the independence of the judicial power. article 108 the presiding magistrates [du siege] are irremovable. article 109 any intervention in the matters submitted to justice is forbidden. in his judicial function, the judge may not receive injunction or instruction, nor be submitted to any pressure whatever. each time that he considers that his independence is threatened, the judge must refer [the matter] to the superior council of the judicial power [conseil superieur du pouvoir judiciare]. any breach [manquement] on the part of the judge of his duties of independence and of impartiality, constitutes a grave professional fault, without prejudice to eventual judicial consequences. the law sanctions any person who attempts to influence the judge in an illicit manner. article 110 the presiding magistrates are only subject to the application of the law alone. the decisions of justice are rendered on the sole foundation of the impartial application of the law alone. the prosecuting magistrates [du parquet] are held to the application of the law and must conform to written instructions, conforming to the law, emanating from the hierarchic authority. article 111 the magistrates enjoy the freedom of expression, in compatibility with their right of reserve and the judicial ethic. they may belong [adherer] to associations or create professional associations, within respect for the duties of impartiality and of independence of justice and within the conditions provided for by the law. they may not belong to political parties or to trade-union organizations. article 112 the statute of the magistrates is established by an organic law. of the superior council of the judicial power article 113 the superior council of the judicial power sees to the application of the guarantees accorded to the magistrates, notably concerning their independence, their appointment, their advancement, their retirement and their discipline. on its initiative, it drafts the reports on the state of justice and of the judicial system, and presents appropriate recommendations in the matter. at the demand of the king, of the government or of the parliament, the council emits its substantiated [circonstancies] opinion on any question relating to justice, under reserve of the principle of the separation of powers. article 114 the individual decisions of the superior council of the judicial power are susceptible to recourse for excess of power before the highest administrative jurisdiction of the kingdom. article 115 the superior council of the judicial power is presided over by the king. it is composed: of the first-president of the court of cassation in the status of president-delegate [president-delegue]; of the procurator general of the king before the court of cassation; of the president of the first chamber of the court of cassation; of 4 representatives elected, from among them, by the magistrates of the courts of appeal; of 6 representatives elected, from among them, by the magistrates of the jurisdictions of first instance [degre]; a representation of [women] magistrates must be assured, from among the ten members elected, in proportion to their presence in the corps of the magistrature; of the mediator; of the president of the national council of the rights of man [conseil national des droits de l'homme]; of 5 notable persons [personnalites] appointed by the king, recognized for their competence, their impartiality and their probity, as well as for their distinguished contribution [apport] in favor of the independence of justice and of the primacy of the law, of which one member is proposed by the secretary general of the superior council of the ulema. article 116 the superior council of the judicial power holds at least two sessions per year. it is provided with [dispose] administrative and financial autonomy. in disciplinary matters, the superior council of the judicial power is assisted by the experienced magistrate-inspectors [magistrats-inspecteurs]. the election, the organization and the functioning of the superior council of the judicial power, as well as the criteria relative to the management of the career of the magistrates and the rules of the disciplinary procedure are established by an organic law. in the matters concerning the prosecuting magistrates, the superior council of the judicial power takes into consideration the reports of evaluation established by the hierarchic authority to which they relate. of the rights of the persons amenable to justice and of the rules of functioning of justice article 117 the judge is in charge of the protection of the rights and freedoms and of the judicial security of the persons and of the groups, as well as of the application of the law. article 118 access to justice is guaranteed to every person for the defense of their rights and of their interests protected by the law. any act of regulatory or individual nature, taken in administrative matters, may be made the object of recourse before the competent administrative jurisdiction. article 119 any defendant or accused is presumed innocent until his condemnation by decision of justice having acquired the force of res judicata [force de chose jugee]. article 120 every person has the right to an equitable process and to a judgment rendered in a reasonable time. the rights to defense are guaranteed before all the jurisdictions. article 121 in the case where the law provides for it, justice is gratuitous for those who cannot dispose of resources sufficient to plead [ester] in justice. article 122 the damages caused by a judicial error create [ouvrent] right to a reparation at the expense [charge] of the state. article 123 the hearings are public, except when the law provides otherwise. article 124 the judgments are rendered and executed in the name of the king and by virtue of the law. article 125 each judgment is substantiated [motive] and pronounced in public hearing within the conditions provided for by the law. article 126 the definitive judgments are imposed on all. the public authorities must give [apporter] the necessary assistance when this is required during the process. they are equally held to give [preter] their assistance to the execution of the judgments. article 127 the ordinary or specialized jurisdictions are created by the law. jurisdictions of exception may not be created. article 128 the judicial police act under the authority of the public ministry and of the examining judges [juges d'instruction] in all which concerns the inquiries and the investigations necessary to research the infractions, to the arrest of the delinquents and for the establishment of the truth. title viii. of the constitutional court article 129 a constitutional court is instituted. article 130 the constitutional court is composed of twelve members appointed for a mandate of nine years non-renewable. six members are designated by the king, of which one member is proposed by the secretary general of the superior council of the ulema, and six members are elected, half by the chamber of representatives, [and] half by the chamber of councilors from among the candidates presented by the bureau of each chamber, at the end of a vote by secret ballot and with the majority of two-thirds of the members composing each chamber. if the two chambers of parliament or one of them do not elect the members specified within the legal time required for the renewal, the court exercises their attributions and renders its decisions on the basis of a quorum not counting the members not re-elected. each category of members is renewed by thirds every three years. the president of the constitutional court is appointed by the king, from among the members composing the court. the members of the constitutional court are chosen from among the notable persons disposing of a high attainment of knowledge [formation] in the juridical domain and of a judicial competence, doctrinal or administrative, having exercised their profession for more than fifteen years, and recognized for their impartiality and their probity. article 131 an organic law determines the rules of organization and of functioning of the constitutional court, as well as the procedure which is followed before it and the situation of its members. it determines equally the incompatible functions, of which[,] notably[,] are those relative to the liberal professions, establishes the conditions of the two first triennial renewals and the modalities of replacement of the members impeached [empeches], [who] have resigned, or [who] have died in the course of the mandate. article 132 the constitutional court exercises the attributions which are devolved on it by the articles of the constitution and the provisions of the organic laws. it decides, moreover, on the regularity of the election of the members of parliament and of the operations of referendum. the organic laws before their promulgation and the regulations of the chamber of representatives and of the chamber of councilors, before their implementation, must be submitted to the constitutional court which decides on their conformity to the constitution. to the same ends, the laws, before their promulgation, may be deferred to the constitutional court by the king, the head of government, the president of the chamber of representatives, the president of the chamber of councilors, or by one-fifth of the members of the chamber of representatives or forty members of the chamber of councilors. in the case provided for in the second and third paragraphs of this article, the constitutional court decides within a time of one month counting from its referral to [the matter]. however, at the demand of the government, if there is urgency, this time is reduced to eight days. in these same cases, the referral of [the matter] to the constitutional court suspends the time period for promulgation. it decides on the regularity of the election of the members of the parliament within a time of one year, counting from the date of expiration of the legal time of recourse. however, the court can decide beyond this time, by substantiated decision, in the case where the number of recourses or their nature requires it. article 133 the constitutional court is competent to take cognizance of a pleading [exception] of unconstitutionality raised in the course of a process, when it is maintained by one of the parties that the law on which the issue of the litigation depends, infringes the rights and freedoms guaranteed by the constitution. an organic law establishes the conditions and modalities of application of this article. article 134 a provision declared unconstitutional on the foundation of article 132 of this constitution may not be promulgated or implemented. a provision declared unconstitutional on the foundation of article 133 is abrogated counting from the date specified by the constitutional court in its decision. the decisions of the constitutional court are not susceptible to any recourse. they impose themselves on the public powers and on all the administrative and jurisdictional authorities. title ix. of the regions and of the other territorial collectivities article 135 the territorial collectivities of the kingdom are the regions, the prefectures, the provinces and the communes. they constitute moral persons of public law, which democratically administer [gerent] their affairs. the councils of the regions and of the communes are elected by direct universal suffrage. any other territorial collectivity is created by the law, the case arising, in substitution of one or more [of the] collectivities mentioned in the first paragraph above. article 136 the regional and territorial organization is based [repose] on the principle of free administration, of cooperation and of solidarity. it assures the participation of the populations concerned in the management of their affairs and favors their contribution to [a] complete and lasting human development. article 137 the regions and the other territorial collectivities participate in the implementation of the general policy of the state and in the enactment [elaboration] of the territorial policies through their representatives in the chamber of councilors. article 138 the presidents of the councils of the regions and the presidents of the other territorial collectivities execute the deliberations and decisions of these councils. article 139 the participative mechanisms of dialog and of acting in concert [concertation] are implemented by the regional councils and the councils of the other territorial collectivities so as to favor the participation [implication] of the citizens [feminine] and the citizens [masculine], and of the associations in the enactment and the application [suivi] of the programs of development. the citizens [feminine] and the citizens [masculine] and the associations can exercise the right of petition with a view of demanding the inclusion [inscription] in the agenda of the council, a question relevant to its competence. article 140 on the basis of the principle of solidarity, the territorial collectivities have their own competences, competences divided with the state and those which are transferable to them by the latter. the regions and the other territorial collectivities are provided, within their respective domains of competences and within their territorial resort, [with] a regulatory power for the exercise of their attributions. article 141 the regions and the other territorial collectivities dispose of their own financial resources and of financial resources allocated [affectees] by the state. any transfer of competences of the state to the regions and the other territorial collectivities must be accompanied by a transfer of corresponding resources. article 142 a fund of social improvement [fonds de mise a niveau sociale] allocated for the absorption [resorption] of the deficits in matters of human development, of infrastructure and of equipment, is created, for a specific period, for the benefit of the regions. a fund of inter-regional solidarity [fonds de solidarite interregionale] in consideration of an equitable division of resources, with a view to reduce the disparities between the regions, is created as well. article 143 no territorial collectivity may exercise the guardianship [tutelle] of another. in the enactment and the application of the programs of regional development and of the regional schemes of management of the territories, the region assures, under the supervision of the president of the council of the region, a preeminent role for good relations [rapport] with the other territorial collectivities, within respect for the competences and these latter. when the concurrence [concours] of several territorial collectivities is necessary for the realization of a project, the collectivities concerned determine [conviennent] the modalities of their cooperation. article 144 the territorial collectivities may constitute groups [groupements] with a view to mutual action [mutualisation] of programs and of means. article 145 in the territorial collectivities, the walis of regions and the governors of provinces and prefectures represent the central power. in the name of the government, they assure the application of the laws, implement the governmental regulations and decisions and exercise the administrative control. the walis and governors assist the presidents of the territorial collectivities and[,] notably[,] the presidents of the councils of the regions in the implementation of the plans and the programs of development. under the authority of the ministers concerned, they coordinate the activities of the deconcentrated services of the central administration and see to their good functioning. article 146 an organic law establishes notably: the conditions of democratic management of their affairs by the regions and the other territorial collectivities, the number of members of their councils, the rules relative to the eligibility, to the incompatibilities and to the case of the interdiction of accumulation of mandates, as well as the electoral regime and the provisions designed [visant] to assure the better participation of women within these councils; the conditions of execution, by the presidents of the councils of the regions and the presidents of the councils of the other territorial collectivities, of the deliberations and of the decisions of said councils, in accordance with the provisions of article 138; the conditions of exercise[,] by the citizens [feminine] and the citizens [masculine] and the associations of law[,] of the right of petition provided for by article 139; [their] own competences, the competences divided with the state and those which are transferred to the regions and to the other territorial collectivities, provided for in article 140; the financial regime of the regions and the other territorial collectivities; the origin of financial resources of the regions and the other territorial collectivities provided for in article 141; the resources and the modalities of functioning of the fund of social improvement and of the fund of interregional solidarity provided for in article 142; the conditions and the modalities of the constitutions of the groups provided for in article 144; the provisions favoring inter-communal development, as well as the mechanisms designed to assure the adaptation of the territorial organization in this sense; the rules of governance relative to the good functioning of the free administration, to the control of the management of the funds and programs, to the evaluation of the actions and to the rendering of accounts. title x. of the court of accounts article 147 the court of accounts [cour des comptes] is the superior institution of control of the public finances of the kingdom. its independence is guaranteed by the constitution. the court of accounts has for its mission the consolidation and the protection of the principles and values of good governance, of transparency and of the rendering of the accounts of the state and of the public organs [organismes]. the court of accounts is charged to assure the superior control of the execution of the laws of finance. it assures the regularity of the operations of receipts and expenditures of the organs [organismes] submitted to its control by virtue of the law and appraises [apprecie] the management of them. it sanctions, the case arising, the omissions of the rules which govern said operations. the court of accounts controls and assures the submission [suivi] of the declarations of patrimony, audits the accounts of the political parties and verifies the regularity of the expenditures of the electoral operations. article 148 the court of accounts assists the parliament in the domains of control of the public finances. it responds to the questions and consultations in relation to the functions of legislation, of control and of evaluation, exercised by the parliament and relative to the public finances. the court of accounts gives [apporte] its assistance to the judicial instances. the court of accounts assists the government in the domains relevant to is competence by virtue of the law. it publishes all of its works including the specific reports and the jurisdictional decisions. it submits to the king and annual report on all of its activities, which it transmits equally to the head of government and to the presidents of the two chambers of the parliament. this report is published in the bulletin officiel of the kingdom. a commentary on the activities of the court is presented by its first president before the parliament. it is followed by a debate. article 149 the regional courts of accounts are charged to assure the control of the accounts and of the management of the regions and of the other territorial collectivities and of their groups [groupements]. it sanctions, the case arising, the omissions to the rules which govern these operations. article 150 the attributions, the rules of organization, and the modalities of functioning of the court of accounts and of the regional courts of accounts are established by the law. title xi. of the economic, social and environmental council article 151 an economic, social and environmental council is instituted. article 152 the economic, social and environmental council may be consulted by the government, by the chamber of representatives and by the chamber of councilors on all the questions of economic, social or environmental character. it gives its opinion on the general orientations of the national economy and of lasting development. article 153 the composition, the organization, the attributions and the modalities of the functioning of the economic, social and environmental council are established by an organic law. title xii. of good governance general principles article 154 the public services are organized on the basis of equal access of the citizens [feminine] and the citizens [masculine], of equitable covering of the national territory and of continuity of payments [prestations] rendered. they are submitted to the norms of quality, of transparency, of the rendering of accounts and of responsibility, and are governed by the democratic principles and values consecrated by the constitution. article 155 the agents of the public services exercise their functions following the principles of respect for the law, for neutrality, for transparency, for probity and for [the] general interest. article 156 the public services listen to [sont a l'ecoute] their users and assure attention to [suivi] their observations, proposals and grievances. they render account of the management of the public monies in accordance with the legislation in force and are submitted, in this regard, to the obligations of control and of evaluation. article 157 a charter of the public services establishes the whole [l'ensemble] of the rules of good governance relative to the functioning of the public administrations, of the regions and of the other territorial collectivities and of the public organs [organismes]. article 158 any person, elected or appointed, assuming a public office [charge] must make, in accordance with the modalities established by the law, a written declaration of assets and credits [actifs] held by them, directly or indirectly, from the commencement [prise] of [their] functions, in the course of service [activite] and at the cessation of it. article 159 the instances in charge of good governance are independent. they benefit from the support of the organs of the state. the law can, if necessary, create other instances of regulation and of good governance, in addition to those specified below. article 160 all of the institutions and instances specified in articles 161 to 170 of this constitution must present a report on their activities, at least one time per year. these reports are made the object of a debate in the parliament. the institutions and instances of protection of rights and freedoms of good governance of human and lasting development and of participative democracy the instances of the protection and of the promotion of the rights of man article 161 the national council of the rights of man [conseil nationale des droits de l'homme] is a pluralist and independent national institution, charged with taking cognizance of all the questions relative to the defense and to the protection of the rights of man and of the freedoms, to the guarantee their full exercise and their promotion, as well as the preservation of the dignity, of the individual and collective rights and freedoms of the citizens [feminine] and the citizens [masculine], and this, with strict respect for the national and universal referents [referentiels] in the matter. article 162 the mediator [le mediateur] is an independent and specialized national institution which has for its mission, within the framework of the relations between the administration and the users, to defend the rights, to contribute to reinforcing the primacy of the law and to disseminate [diffuser] the principles of justice and of equity, and the values of moral behavior [moralisation] and of transparency in the managing of the administrations, of the public establishments, of the territorial collectivities and of the organs [organismes] endowed with prerogatives of public authority [puissance]. article 163 the council of the moroccan community abroad [conseil de la communaute marocaine a l'etranger] is charged[.] notably[] to give its opinion on the orientations of public policies permitting assurance to the moroccans resident abroad [of] the maintenance of close ties [liens etoits] with their moroccan identity, to guarantee their rights, to preserve their interests, [so as] to contribute to the human and lasting development of their country, morocco, and to its progress. article 164 the authority charged with parity and with the struggle against all forms of discrimination, created by virtue of article 19 of this constitution, sees[,] notably[,] to the respect for the rights and freedoms specified in said article, under reserve of the attributions devolved to the national council of the rights of man. the instances of good governance and of regulation article 165 the high authority of broadcasting [haute autorite de la communication audiovisuelle] is charged to see to the respect for pluralist expression of the currents of opinion and of thought and of the right to information, within the domain of broadcasting and this, within respect for the fundamental values of civilization and for the laws of the kingdom. article 166 the council of competition [conseil de la concurrence] is an independent institution charged, within the framework of the organization of free and fair competition, to assure the transparency and the equity of economic relations, notably through the analysis and the regulation of the competition in the markets, the control of anti-competitive practices, and unfair commercial practices and of the operations of economic concentration and of monopoly. article 167 the national instance of probity, of the prevention and of the struggle against corruption [instance nationale de probite, de la prevention et de la lutte contre la corruption], created by virtue of article 36, has for its mission[,] notably[,] to initiate, to coordinate, to supervise and to assure the following [suivi] of the implementation of the policies of prevention and of the struggle against corruption, to receive and to disseminate information in this domain, to contribute to the moral behavior of public life and to consolidate the principles of good governance, the culture of public service and the values of responsible citizenship. instances of promotion of human and lasting development and of participative democracy article 168 a superior council of education, of attainment of knowledge and of scientific research [conseil superieur de l'education, de la formation et de la recherche scientifique] is created. this council constitutes a consultative instance charged to give its opinion on all the public policies and on all the questions of national interest concerning education, teaching and scientific research, as well as on the objectives and the functioning of the public services responsible [charges] in these domains. it contributes equally to the evaluation of the public policies and programs operating [mends] in these domains. article 169 the consultative council of the family and of childhood [conseil consultatif de la famille et de l'enfance], created by virtue of article 31 of this constitution, has for its mission to assure the following of the situation of the family and of childhood, giving its opinion on the national plans relative to these domains, of animating the public debate on family policy and to assure the attention to [suivi] the realization of national programs, initiated by the various [differents] competent departments, structures and organs [organismes]. article 170 the consultative council of youth and of associative action [conseil consultatif de la jeunesse et de l'action associative], created by virtue of article 33 of this constitution, is a consultative instance within the domains of the protection of youth and of the promotion of associative life. it is charged to study and to follow the questions [of] interest to these domains and to formulate the proposals on any subject of economic, social and cultural order [of] direct interest to youth and associative action, as well as the development of the creative energies of youth, and their inducement [incitation] to participation in the national life, in the spirit of responsible citizenship. article 171 the laws establish the composition, the organization, the attributions and the rules of functioning of the institutions and instances specified in articles 161 to 170 of this constitution and, the case arising, the case of incompatibilities. title xiii. of the revision of the constitution article 172 the initiative of the revision of the constitution belongs to the king, to the head of government, and to the chamber of representatives and to the chamber of councilors. the king can submit directly to referendum the bill of revision of which he takes the initiative. article 173 the proposal of revision emanating from one or several of the members of one of the two chambers of parliament may only be adopted by a vote with the majority of two-thirds of the members who compose it. this proposal is submitted to the other chamber which adopts it with the same majority of two-thirds of the members who compose it. the proposal of revision emanating from the head of government is submitted to the council of ministers, after deliberation in the council of government. article 174 the bills and proposals of revision of the constitution are submitted by dahir to referendum. the revision of the constitution is definitive after having been adopted by way [vole] of referendum. the king can, after having consulted the president of the constitutional court, submit by dahir to parliament a bill of revision of certain provisions of the constitution. the parliament, convoked by the king in joint chambers, approves it with the majority of two-thirds of the members of the parliament. the internal regulations of the chamber of representatives establishes the modalities of application of this provision. the constitutional court controls the regularity of the procedure of this revision and proclaims the results. article 175 no revision may infringe the provisions relative to the muslim religion, on the monarchic form of the state, on the democratic choice of the nation or on [those] acquired in matters of [the] freedoms and of fundamental rights inscribed in this constitution. title xiv. transitory and final provisions article 176 until the election of the chambers of the parliament provided for by this constitution, the chambers actually in [their] functions continue to exercise their attributions, notably to vote the laws necessary for the establishment [mise en place] of the new chambers of parliament, without prejudice to the application of article 51 of this constitution. article 177 the constitutional council [conseil constitutionnel] in [its] functions shall continue to exercise its attributions while awaiting the installation of the constitutional court provided for by this constitution. article 178 the superior council of the magistrature [conseil superieur de la magistrature], actually in its functions, shall continue to exercise its attributions until the installation of the superior council of the judicial power provided for by this constitution. article 179 the texts in force relative to the institutions and instances cited in title xii, as well as those concerning the economic and social council and the superior council of teaching, remain in force until their replacement, in accordance with the provisions of this constitution. article 180 under reserve of the transitory provisions provided for in this title, the text of the revised constitution, promulgated by dahir no. 1-96-157 of 23 joumada i 1417 (7 october 1996), is abrogated. preamble the azerbaijan people, continuing the traditions of many centuries of their statehood, guided by the principles which are reflected in the constitutional act on the state independence of the republic of azerbaijan, wishing to provide welfare for all and everyone, and to establish justice, freedom, security, and being aware of their responsibility before past, present, and future generations, exercise their sovereign right by solemnly declaring the following goals: to protect the independence, sovereignty and the territorial integrity of the republic of azerbaijan; to guarantee the democratic system within the framework of the constitution; to achieve the realization of a civil society; to establish a law-governed, secular state which assures the supremacy of the law as an expression of the will of the people; to assure to all a decent level of life in accordance with a just economic and social order; to live under conditions of friendship, peace and safety with other peoples, maintaining a commitment to general human values and to implement a mutually beneficial cooperation for these purposes. for the sake of the above stated high intentions, this constitution shall be adopted through a nationwide referendum. first part. general provisions chapter i. the power of the people article 1. source of power the azerbaijan people are the sole source of state power in the republic of azerbaijan. the azerbaijan people include citizens of the republic of azerbaijan that live in the territory of the republic of azerbaijan or outside the country and that obey the azerbaijan state and its laws. this does not exclude norms defined by the international law. article 2. the sovereignty of the people the azerbaijan people have the sovereign right to freely and independently decide their fate and to establish the form of its own governance. the azerbaijan people implement their sovereign right by universal elections-referendum and by their representatives elected on the basis of universal, direct and equal elections by secret and individual ballot. article 3. matters to be determined by referendum the azerbaijan people can settle every matter connected with their rights and interests by referendum. the below-mentioned matters can only be determined by referendum: the adoption of the constitution of the republic of azerbaijan and the introduction of changes to it. the change of state borders of the republic of azerbaijan. a referendum cannot be held concerning the following matters: taxes and the state budget; amnesty and pardon; the election, appointment or confirmation of officials, whose election, appointment or confirmation are within the competence of the legislative organs and (or) the executive power. article 4. the right to represent the people no one except authoritative representatives elected by the people have the right to represent, speak for and address on behalf of the people. article 5. the unity of the people the azerbaijan people are united. the unity of the azerbaijan people constitutes the foundation of the azerbaijan state. the republic of azerbaijan is wholly and indivisibly the homeland for all the citizens of the republic of azerbaijan. article 6. banning of power usurpation no part of the azerbaijan people, either an individual, or a social group or an organization has the right to usurp the authority of the azerbaijan people to exercise the power. power usurpation is the most serious crime directed against the people. chapter ii. foundations of the state article 7. the azerbaijan state the azerbaijan state is a democratic, law-governed, secular, unitary republic. the republic of azerbaijan sovereign power in internal matters is confined to legal rules, while in international matters it is restricted to solely international agreements. state power in the republic of azerbaijan is based on the principle of separation of powers: legislative power is exercised by the milli majlis of the republic of azerbaijan. executive power is vested in a president of the republic of azerbaijan. judicial power is administered by courts. according to the constitutional provisions, executive, legislative and judicial powers cooperate and are independent within the framework of their authority. article 8. the head of the azerbaijan state the president is the head of the republic of azerbaijan. he represents the azerbaijan state in home and foreign policies. the president of the republic of azerbaijan embodies the unity of the azerbaijan people and ensures the continuity of the azerbaijan state. the president of the republic of azerbaijan guarantees independence, territorial integrity and fulfillment of international agreements to which the republic of azerbaijan is a party. the president of the republic of azerbaijan ensures the independence of the judicial power. article 9. the armed forces the republic of azerbaijan establishes the armed forces to ensure its security and protection. the armed forces are composed of the azerbaijan army and other armed formations. the republic of azerbaijan rejects war as a means of encroaching on the independence of other states and of settling international conflicts. the president of the republic of azerbaijan is the commander in chief of the armed forces. article 10. principles of foreign policy the republic of azerbaijan conducts its relations with other states on the basis of the principles recognized by the universally acknowledged rules of international law. article 11. territory the territory of the republic of azerbaijan is unitary, inviolable and indivisible. the republic of azerbaijan territory includes the republic of azerbaijan inner waters, the caspian sea (lake) sector relating to the republic of azerbaijan, [and] the air space over the republic of azerbaijan. the territory of the republic of azerbaijan may not be torn away. the republic of azerbaijan shall not yield its territory, or part of it, in any form, to anyone; borders can be specified only by the decree of the milli majlis of the republic of azerbaijan on the basis of the will of the people of azerbaijan. article 12. the supreme objective of the state the supreme objective of the state shall be to ensure human rights and civil liberties and an adequate standard of living for the citizens of azerbaijan. the human rights and civil liberties enumerated in this constitution shall be implemented in accordance with the international agreements to which the republic of azerbaijan is a party. article 13. property the property in the republic of azerbaijan is inviolable and protected by the state. the property can have the form of state property, private property and municipal property. the property cannot be used against human rights and civil liberties, against interests of the society and state, against human dignity. article 14. natural resources natural resources belong to the republic of azerbaijan, without damage to the rights and interests of any physical or juridical person. article 15. economic development and the state the development of the economy in the republic of azerbaijan, based on various forms of property, aims to ensure the prosperity of the people. the azerbaijan state creates conditions for the development of a socially oriented economy, guarantees free enterprise and prevents monopolies and unfair competition in economic relations. article 16. social development and the state the republic of azerbaijan ensures the improvement of the well-being of the people and every citizen, their social protection and normal living standard. the republic of azerbaijan promotes the development of culture, education, medical care, science, art, protects the nature of the country, historical, material and spiritual values of the people. article 17. family, children and the state the family as the foundation of society is under special protection of the state. taking care of children and their upbringing is the obligation of the parents. the state sees to it that this obligation is fulfilled. children who do not have parents or guardians and are deprived of parental care are under the protection of the state. it is prohibited to involve children in activities that may threaten their lives, health, or morality. children under the age of 15 may not be employed for work. the state supervises the implementation of children's rights. article 18. religion and the state in the republic of azerbaijan religion is separated from the state. all religions are equal before the law. the spread and propaganda of religions (religious movements) which humiliate human dignity and contradict the principles of humanity are banned. the state education system is of secular character. article 19. national currency the currency of the republic of azerbaijan is the manat. the central bank of the republic of azerbaijan is the exclusive property of the state. the central bank has the sole legal right to issue notes or to take them out of circulation. usage of any other currency besides the manat as a means of payment in the territory of the republic of azerbaijan is prohibited. article 20. restriction of state loans the republic of azerbaijan does not support or provide loans for activities aimed at a mutiny or coup d'etat. article 21. state language the state language of the republic of azerbaijan is the azerbaijan language. the republic of azerbaijan shall ensure the development of the azerbaijan language. the republic of azerbaijan guarantees the free use and development of other languages spoken by the population. article 22. the capital baku is the capital of the republic of azerbaijan. article 23. azerbaijan state symbols the state symbols of the republic of azerbaijan are the republic of azerbaijan flag, the republic of azerbaijan emblem and the republic of azerbaijan national anthem. the state flag of the republic of azerbaijan consists of three wide stripes. the upper stripe is of blue color, the middle stripe is red and the lower one is green. there is a white crescent and eight pointed star in the middle of the red stripe on both sides of the flag. the proportion of the width to the length is 1 by 2. the design of the republic of azerbaijan flag and the republic of azerbaijan state emblem, the music and the text of the republic of azerbaijan national anthem shall be defined by a constitutional law. second part. major rights, freedoms and responsibilities chapter iii. principal human rights and civil liberties article 24. main principles concerning human rights and civil liberties human dignity is protected and respected. every citizen from birth enjoys inviolable, undeniable and inalienable rights and freedoms. rights and freedoms also include commitments to society and other individuals. abuse of rights is not allowed. article 25. right to equality everyone is equal before the law and the court. men and women have equal rights and freedoms. everyone has equal rights and freedoms irrespective of race, ethnicity, religion, sex, origin, property status, social position, convictions, political party, trade union organization and social unity affiliation. limitations or recognition of rights and freedoms because of race, ethnicity, social status, language, origin, convictions and religion are prohibited. no one may be harmed, granted advantages or privileges, or deprived from granting advantages and privileges on the basis of the abovementioned grounds. everyone shall be guaranteed equal rights in any proceeding before state authorities and bearers of public authority that decide on his or her rights and duties. persons with impaired health are entitled to all rights and carry all duties vested by this constitution, except in cases when enjoyment of rights and performance of duties is impeded on their limited abilities. article 26. protection of human rights and civil liberties everyone is authorized to defend his or her human rights and freedoms by accepted means. the state ensures the protection of human rights and freedoms. article 27. right to life everyone has the right to life. every citizen's right to life is inviolable with the exception of cases when as a result of the armed attack, an enemy soldier is killed, capital punishment is executed according to the court's decision and other cases specified by law. capital punishment as an extreme measure of punishment is still in force and can be applied to an individual for committing a grave crime against the state and different persons. except in case of necessary defense, dire necessity, apprehension and detention of a criminal, prevention of an escape by a prisoner, prevention of a revolt or coup against the state, an armed attack against the country, the use of a weapon against a human is not permitted. article 28. right to freedom everybody has the right to freedom. the right to freedom is only limited by detention, arrest or imprisonment by procedures specified by law. anyone who is legally in the territory of the republic of azerbaijan can freely move and choose a place of domicile for himself and to travel from the republic of azerbaijan. a citizen of the republic of azerbaijan has the right to come back to his or her country unhampered. article 29. right to property everyone has the right to property. no form or kind of property shall have any advantage. the property right, including the private property right, is protected by law. every individual may possess moveable and immoveable property. the property right consists of the owner's right to possess, use and dispose of the property, individually or jointly. no one is dispossessed without a decision of the court. complete confiscation is inadmissible. the alienation of property for state needs is allowed only after a fair reimbursement of its value has been granted. private property shall entail social responsibility. land ownership may be restricted by law due to social justice and for efficient use of the land. the state secures the right of succession. article 30. right to intellectual property everyone has the right to intellectual property. copyright, the right of invention and other forms of intellectual property shall be guaranteed by the state. article 31. the right to a secure life everyone has the right to a secure life. with the exception of cases specified by law, infringement upon a person's life, his or her physical and mental health, property, residence, the use of force against him or her is prohibited. article 32. personal inviolability everyone has the right to personal inviolability. everybody has the right to keep their family life secret or private. except in cases specified by law, interference with a person's private or family life is prohibited. everyone has a right to protection against unlawful interference with his or her private or family life. it is prohibited to gather, store, use or disseminate information about a person's private life without his or her consent. no one shall be followed, filmed, photographed, recorded, or subjected to any other similar actions without his or her knowledge or despite his or her disapproval, except when such actions are prescribed by law. the state guarantees everybody's right to keep secret their correspondence, telephone conversations and information transmitted by mail, telegraph or other means of communication. this right might be restricted, as specified by legislation, to prevent crime or to find out true facts when investigating criminal case. everyone may become familiar with the materials collected in regards to him or her save in cases prescribed by law. everyone has a right to demand correction or elimination of the information collected in regards to him or her, which does not correspond to the truth or is incomplete or collected through violation of the provisions of law. it is prohibited to enter information resources carried on the paper or in electronic form in order to obtain information on third party, except in the cases provided by law. information technologies cannot be used for disclosing information about private life, including convictions, religion and ethnic identity except in the cases when the concerned person has openly expressed his consent or when the statistic data of anonymous nature are being processed without discrimination and other cases provided by law. scope of the personal information, as well as the condition of their processing, collection, passing, use and protection is defined by law. article 33. inviolability of residence everyone has the right to inviolability of the residence. with the exception of cases specified by law or court no one is authorized to enter a residence against the will of the resident. article 34. right to marriage everybody has the right to marriage upon reaching the age specified by law. marriage is contracted on the basis of voluntary consent. no one shall be forced to marry. family and marriage are under the protection of the state. mothers, fathers and children shall be protected by law. the state renders assistance to large families. the rights of husband and wife are equal. the care and raising of children is the right and obligation of both parents. children have the obligation to take care of their parents. able-bodied children upon reaching the age of 18 have the duty to support their invalid parents. article 35. right to work work is the basis of individual and social well-being. everyone, depending on working skills, has the right to freely choose the activity, profession, position and area of employment. no one can be forced to work. labor contracts are freely signed. no one can be forced to sign contracts. on the basis of [a] court decision, it is permissible under conditions specified by law to impose hard labor, forcing them to work under orders issued by authorized officials to perform required work during a state of emergency or martial law. everyone has the right to work under safe and healthy conditions, to receive without distinction no less than the minimum salary fixed by the state for fulfilled labor. the unemployed have the right to receive social benefits from the state. the state shall do everything in its power to eradicate unemployment. article 36. right to strike everyone has the right to strike either on his own or collectively with others. the right to strike of people working on a contract basis can be limited only in cases specified by law. military and civil persons serving in the armed forces of the republic of azerbaijan shall not go on strike. individual and collective labor disputes are settled in the procedure established by law. except as provided by law, a lockout is prohibited. article 37. right to rest everyone has the right to rest. to people working on contract with [a] maximum 8-hour working day, rest and holiday days, at least 21-day paid annual leave is guaranteed. article 38. right to social security everyone has the right to social security. it is the obligation of the family members initially to render assistance to those in their family who need it. everyone has the right to social security in old age, sickness specified by law, disability, when losing work ability or the breadwinner of the family, when unemployed and in other cases specified by law. minimal pensions and social benefits are established by law. the state creates possibilities for developing charity work, voluntary social insurance and other forms of social security and shall promote their development. article 39. right to live in a healthy environment everyone has the right to live in a healthy environment. everyone has the right to collect information on the environmental situation and to get compensation for damage rendered to the health and property due to the violation of ecological rights. no one may cause threat or damage to the environment and natural resources beyond the limits set by law. the state guarantees the preservation of ecological balance and protection of the species of wild plants and animals determined by law. article 40. right to culture everyone has the right to participate in cultural life, make use of cultural institutions and cultural wealth. everyone must treat with respect historical, cultural and spiritual values, preserve them and protect cultural monuments. article 41. right to health protection everyone has the right to health protection and medical aid. the state, acting on the basis of various forms of property, implements necessary measures to promote the development of all aspects of health services, ensures the sanitary-epidemiological well-being and creates various forms of medical insurance. officials are held to account if they withhold information on facts or situations which threaten the life or health of people. article 42. right to education everyone has the right to an education. the state guarantees the right to free compulsory secondary education. the system of education is controlled by the state. regardless of material conditions, the state guarantees [that] talented and merited persons continue their education. the state establishes minimum educational standards. article 43. right to residence no one can be deprived of his or her residence. the state provides loans for the construction of houses and blocks of apartments, takes measures in order to implement [the] right to residence. article 44. national and ethnic identity everyone has the right to preserve one's national identity. no one can be deprived of the right to change one's national identity. article 45. right to use the mother tongue everyone has the right to use the mother tongue. everyone has the right to be raised and get an education, be engaged in creative activities in one's mother tongue. no one can be deprived of the right to use the mother tongue. article 46. protection of honor and dignity everyone has the right to protect his or her honor and dignity. the state shall protect personal dignity. nothing can justify humiliation of personal dignity. nobody can be tortured or tormented, nobody shall suffer a treatment or punishment humiliating to human dignity. nobody can be experimented upon-medically, scientifically or in any other way-without his or her consent. article 47. freedom of thought and speech everyone has the freedom of thought and speech. nobody may be forced to identify or refuse his or her ideas and principles. propaganda inciting racial, ethnic, religious, social animosity or hostility or relying on any other criteria is inadmissible. article 48. freedom of conscience everyone has the right to freedom of conscience and religion. everyone has the right to independently define his or her attitude towards religion, to profess religion alone or together with others, or to profess no religion at all, to express and spread religious convictions. the free conduct of religious rites if it does not violate public order or public morality is authorized. the violation of the freedom of religion and self-expression is not allowed. no one shall be forced to express (or demonstrate) his or her religious faith and belief, to execute religious rituals or participate in religious ceremonies. article 49. freedom of assembly everyone has the right to freely gather with others. everyone has the right, upon notification in advance of responsible government organs, to peaceful, unarmed gatherings, meetings, demonstrations, rallies, street processions, pickets together with others, provided that public order and public morals are not violated. article 50. freedom of information everyone has the right to legally seek, receive, pass, prepare and disseminate information. the freedom of mass media is guaranteed. state censorship of mass media, including print media, is forbidden. everyone's right to refute or reply to the information published in the media and violating his or her rights or damaging his or her interests shall be guaranteed. article 51. freedom of creative work everyone has the freedom of creative work. the state ensures the realization of belles-lettres, scientific-technical and other forms of creative work. article 52. right to citizenship a person having political and legal relationship to the republic of azerbaijan as well as mutual rights and obligations is a citizen of the republic of azerbaijan. a person born on the territory of the republic of azerbaijan is a citizen of the republic of azerbaijan. a person whose one parent is a citizen of the republic of azerbaijan is a citizen of the republic of azerbaijan. article 53. guarantee of the citizenship right a citizen of the republic of azerbaijan cannot be deprived of his or her citizenship of the republic of azerbaijan (except for statutory cases of its loss). a citizen of the republic of azerbaijan can under no circumstances be expelled from the republic of azerbaijan or extradited to a foreign state. the republic of azerbaijan guarantees the legal defense and protection of citizens of the republic of azerbaijan who reside temporarily or permanently abroad. article 54. right to participate in the political life of society and the state citizens of the republic of azerbaijan have the right to participate without hindrance in the political life of the society and the state. every citizen of the republic of azerbaijan has the right to independently show resistance to the attempt of a mutiny against the state or against forced change of the constitutional order. article 55. right to participate in the government of the state citizens of the republic of azerbaijan have the right to participate in the government. they can implement this right directly or by their representatives. citizens of the republic of azerbaijan have the right to serve in government organs. officials to government organs are appointed from the citizens of the republic of azerbaijan. foreign citizens and persons without citizenship can be admitted to government service by the procedures specified by law. article 56. election right citizens of the republic of azerbaijan have the right to elect and be elected to the government organs and also to participate in referenda. the right to participate in the elections as well as in the referenda does not belong to persons whose incapacity has been determined by court. professional military persons, judges, government officials, persons sentenced to imprisonment according to a court decision brought into effect, religious officials and other people mentioned in the present constitution and laws are limited in their right to be elected. article 57. right to petition citizens of the republic of azerbaijan have the right to address themselves to their government organs as well as to send them individual and collective petitions. military servants can use this right only on an individual basis. response to each petition must be given in the procedure and the terms established by law. citizens of the republic of azerbaijan have the right to criticize the activity of government organs, their officials, political parties, professional unions, other public unions and individuals. they may not be persecuted for exercising this right. insult and slander cannot be considered criticism. article 58. right to association everyone has the right to associate freely with others. everyone has the right to set up any organization, including a political party, professional union and any other public association or to enter an already existing association. the independent activity of all associations is guaranteed. no one can be forced to enter an association or to remain its member. activity of unions which intend forcible overthrow of legal state power on the whole territory of the republic of azerbaijan or in any part thereof and other objectives which are considered a crime, or use criminal methods are prohibited. the activities of unions which violate the constitution and laws can be curtailed solely by a court order. article 59. right to freedom of enterprise everyone has the right to use his or her opportunities, abilities and property, to be independently or jointly with others engaged in business activity or in any other kind of economic activity. the state only regulates the protection of state interests, human life and health in business activity. article 60. administrative and judicial guarantee of rights and freedoms everyone is guaranteed the protection of his rights and freedoms in the administrative manner and in court. everyone has the right to an unbiased approach to their work and consideration of the case within a reasonable time in the administrative proceedings and litigation. everyone has the right to being heard in administrative proceedings and litigation. everyone may appeal to court in the administrative manner against the actions and inaction of public authorities, political parties, legal entities, municipalities and their officials. article 61. right to receive legal help everyone has the right to receive qualified legal assistance. in cases specified by law, legal help shall be rendered free at the expense of the state. everyone from the moment of being detained, arrested, charged with a crime on the part of authorized state organs has the right to seek the help of the defender. article 62. prohibition of changes of court jurisdiction everyone has the right to have his or her case considered in a court specified by law. it is prohibited to have the case considered in another court without his or her consent. article 63. presumption of innocence everyone has the right to the presumption of innocence. everyone who is charged with a crime shall be considered innocent until his or her guilt has been proven in the procedure specified by law, and a verdict, passed by the court, has come into effect. in case there are grounded suspicions concerning a person's guilt, it is not permitted to bring in a verdict of guilty with respect to the person. a person who is charged with a crime is not obliged to prove his or her innocence. evidence obtained by violating the law cannot be used when administering justice. without a verdict passed by the court, no one can be found guilty of committing a crime. article 64. inadmissibility of repeated conviction for the same crime no one shall be convicted repeatedly for the same crime. article 65. right of repeated appeal to court everyone has the right to appeal to a higher court for reconsideration of the verdict passed with respect to him in the procedure specified by law as well as appeal for pardon and for mitigating the punishment. article 66. inadmissibility of forced testifying against relatives no one can be forced to testify against himself, wife (husband), children, parents, brother, sister. a complete list of relatives against whom testifying is not obligatory is determined by law. article 67. rights of the detained, arrested, and accused of a crime everyone who has been detained, arrested, accused of a crime on the part of competent state organs must be given immediate explanation of his or her rights and the reason for being arrested and brought to justice. every person accused of a criminal offence shall be heard before being sentenced. article 68. the right to protection against arbitrariness and being treated with dignity everyone has the right to being treated by public bodies with dignity that rules out arbitrariness. the rights of a person who has been a victim of a crime and abuse of power shall be protected by the law. a victim has the right to participate in court examination and to demand compensation for damage caused to him. everyone has the right to receive compensation from the state for the damage caused to him as a result of illegal actions or inaction of government organs or their officials. the government, together with civil servants, shall bear civil liability for damage caused to human rights and freedoms as a result of unlawful actions and inaction of public servants, and the violation of their guarantees. article 69. rights of foreign citizens and persons without citizenship foreign citizens and persons without citizenship when in the republic of azerbaijan can enjoy all rights and freedoms and shall fulfill all the obligations together with citizens of the republic of azerbaijan, if they do not contradict the law or an international agreement to which the republic of azerbaijan is a party. rights and freedoms of foreign citizens and people without citizenship residing permanently or temporarily in the territory of the republic of azerbaijan can be restricted only in accordance with the international legal norms and laws of the republic of azerbaijan. article 70. right to political asylum according to the universal international legal norms the republic of azerbaijan grants political asylum to foreign citizens and persons without citizenship. extradition to another state of persons persecuted for their political convictions and deeds which are not considered crimes in the republic of azerbaijan shall not be authorized. article 71. protection of human rights and civil liberties the legislative, executive and judicial powers shall observe and protect human rights and freedoms fixed in the constitution. no one can curtail the implementation of the rights and freedoms of man and citizen. everyone's rights and freedoms are subject to the restrictions provided for in the constitution and the laws as well as to the limits resulting from the rights and freedoms of others. restriction rights and freedoms should be proportional to the result expected by the state. upon declaration of war, martial law and exceptional situation, as well as mobilization that the implementation of human rights and freedoms can be partially and temporarily curtailed taking into consideration international obligations of the republic of azerbaijan. the population shall be notified in advance of the temporary suspension of human rights and freedoms. no one shall be compelled to make public religious and other convictions and thoughts and be persecuted for them. none of the provisions of the constitution may be used to abolish human rights and civil liberties. in the territory of the republic of azerbaijan, human rights and freedoms are immediately in force. disputes in relation to human rights and freedoms shall be resolved in court. no one can be responsible for a deed which at the time of being committed was not considered a violation of law. if after violating the law a new law removed or mitigated the responsibility for such actions the new law is applied in that case. everyone is free to do anything which is not prohibited by law and no one may be forced to do anything which is not prescribed by law. the state institutions may act only on the basis of this constitution, in the manner and within the boundaries prescribed by law. chapter iv. principal obligations of citizens article 72. principal obligations of citizens everyone has responsibilities towards the state and society which result directly from his or her rights and freedoms. duties may be established for anyone only by this constitution or by law. everyone must abide by the constitution and the laws of the republic of azerbaijan, respect the rights and freedoms of other people, and fulfill other obligations specified by law. ignorance of the law shall not relieve a person of his or her responsibility. article 73. taxes and other state duties everyone has the responsibility to pay taxes and other state dues imposed by the law in full and without delay. no one can be forced to pay taxes and other state dues over and above the amount determined by the law and if there are no reasons specified by the law. article 74. loyalty to the homeland loyalty to the homeland is sacred. persons employed by election or appointment in the legislative, executive and judicial organs bear responsibility for proper and accurate implementation of their obligations and in cases specified by the law take an oath. a person holding a position by election or appointment in the legislative, executive and judicial organs, who has taken the oath of allegiance to the constitution of the republic of azerbaijan, shall be considered to have resigned from holding the position and cannot hold this position any more, if he is charged with a crime against the independence of the republic of azerbaijan, its constitutional order, mutiny against the state or overthrow of the government and if the person is convicted on the basis of this charge. article 75. respect for state symbols every citizen must respect the state symbols of the republic of azerbaijan-its flag, emblem and national anthem. expression of disrespect to the state symbols shall entail liability as determined by law. article 76. defense of the homeland the defense of the homeland is the duty of every citizen. citizens shall serve in the armed forces in accordance with the conditions specified by law. if serving in the armed forces runs counter to a person's convictions then active military service can be replaced by an alternative one in the cases specified by the law. article 77. protection of historical and cultural monuments to protect historical and cultural monuments is the duty of everyone. article 78. environmental protection protection of the environment is the duty of everyone. article 79. prohibition to execute responsibilities contradicting the law no one can be compelled to execute responsibilities contradicting the constitution and the laws of the republic of azerbaijan. article 80. responsibility violation of the present constitution and the laws of the republic of azerbaijan as well as abuse of rights and freedoms and failure to fulfill responsibilities specified by the present constitution and the laws of the republic of azerbaijan entails liability in the forms determined by law. third part. state power chapter v. legislative power article 81. authority competent to exercise legislative power the legislative power is exercised by the milli majlis of the republic of azerbaijan. article 82. composition of the milli majlis of the republic of azerbaijan the milli majlis of the republic of azerbaijan consists of 125 deputies. article 83. principles for the elections to the milli majlis of the republic of azerbaijan the members of the milli majlis of the republic of azerbaijan are elected on the basis of majority voting in general, equal and direct elections by way of free, individual and secret voting. article 84. term of office for members of the milli majlis of the republic of azerbaijan the term of the office of the milli majlis of the republic of azerbaijan is five years. in case the conduct of elections to the milli majlis of the republic of azerbaijan cannot be held due to military operations under a state of war, the term of office of the milli majlis of the republic of azerbaijan shall be extended until the end of military operations. the decision of this matter shall be taken by the constitutional court of the republic of azerbaijan upon application of the state body organizing elections (referendum). elections of the members of the milli majlis of the republic of azerbaijan are held every five years on the first sunday of november. the term of office for the members of the milli majlis of the republic of azerbaijan are limited by the term of office of the milli majlis of the republic of azerbaijan. if the new elections are held to replace the deputies that have ended the membership with new ones, the term of office of the newly elected deputy is limited to the term of office of the milli majlis of the republic of azerbaijan. article 85. requirements of candidates for deputy of the milli majlis of the republic of azerbaijan every citizen of the republic of azerbaijan with the right to participation in election can be elected a deputy of the milli majlis of the republic of azerbaijan in the procedure determined by law. persons cannot be elected members of the milli majlis of the republic of azerbaijan who have dual citizenship, are in state service in other countries, work in the executive or juridical organs, persons engaged in a different paid activity with the exception of scientific, creative and teaching work, ministers of religion, persons whose incapacity has been confirmed by a court, persons who serve their sentence in places of confinement based on a court verdict. article 86. certification and confirmation of election results the election results shall be verified and confirmed by the constitutional court of the republic of azerbaijan. article 87. expiration of term of office of the deputies the term of office of the members of the milli majlis of the republic of azerbaijan expires on the day of the first sitting of the newly elected milli majlis of the republic of azerbaijan. the elections to replace the deputies who have left the milli majlis of the republic of azerbaijan shall not be held if less than 120 days remain until the expiration of the term of office. the milli majlis of the republic of azerbaijan shall have power when the authority of 83 members is confirmed. article 88. sessions of the milli majlis of the republic of azerbaijan every year, milli majlis of the republic of azerbaijan holds two regular, spring and autumn, sessions. the first session of milli majlis of the republic of azerbaijan is called no later than one week from the day of confirmation of the authority of 83 deputies of milli majlis of the republic of azerbaijan. if after the confirmation of the authority of 83 deputies of milli majlis of the republic of azerbaijan is not confirmed by the 10th of march, then the constitutional court of the republic of azerbaijan determines the time of the first session of milli majlis of the republic of azerbaijan. special sessions of the milli majlis of the republic of azerbaijan shall be summoned by the speaker of the milli majlis of the republic of azerbaijan at the request of the president of the republic of azerbaijan, or 42 members of the milli majlis. the agenda of the special session is worked out by those members who required its convocation. after consideration of the agenda items the work of the special session shall be completed. the assemblies of the sessions of the milli majlis of the republic of azerbaijan shall be open to the public. an assembly of the session of the milli majlis may be closed to the public upon the claim of 83 members of parliament or the proposal by the president of the republic of azerbaijan. article 89. termination of the mandate of a deputy of the milli majlis of the republic of azerbaijan and loss of powers the powers of a deputy of the milli majlis of the republic of azerbaijan are terminated in the following cases: the wrong counting of votes during the elections has been established; the citizenship of the republic of azerbaijan has been lost or citizenship of another country has been acquired; a crime has been committed and a court decision has come into effect; a position held in government organs, being a minister of religion, being engaged in the business, commercial or other paid activity (excepting scientific, teaching and creative activity); resignation of his or her own accord; in case this violates the requirement of part iii of article 93 of this constitution; in flagrant violation of statutory rules of ethical conduct for deputies. the rules of termination of the membership to the milli majlis of the republic of azerbaijan are established by law. the functions of the members of the milli majlis of the republic of azerbaijan shall be considered to have been terminated when they are unable to fulfill their official duties and in other cases specified by law. the procedure in which such a decision is taken shall be established by law. article 90. the immunity of the deputy of the milli majlis of the republic of azerbaijan the deputy of the milli majlis of the republic of azerbaijan during the term of office has personal immunity. with the exception of cases when he has been caught in flagrante delicto, the deputy during the term of office cannot be brought to court, detained, administrative measures of punishment cannot be applied to him. he cannot be arrested or punished in some other way and he cannot be searched or examined. the deputy of the milli majlis of the republic of azerbaijan can be detained if caught in flagrante delicto. in this case the organ which has detained the deputy of the milli majlis of the republic of azerbaijan must inform the general procurator of the republic of azerbaijan. the immunity of the deputy of the milli majlis of the republic of azerbaijan can be terminated only by the decision of the milli majlis of the republic of azerbaijan on the basis of proposals of the milli majlis of the republic of azerbaijan by the general procurator. article 91. immunity from prosecution of members of the milli majlis of the republic of azerbaijan answerable the members of the milli majlis of the republic of azerbaijan may not be prosecuted for their activity in the milli majlis, voting in the milli majlis and ideas expressed in the milli majlis. concerning these cases clarifications and evidence can be required only with their consent. article 92. organization of the work of the milli majlis of the republic of azerbaijan the milli majlis of the republic of azerbaijan shall determine its rules of procedure and establish its bodies, including the election of its speaker and the deputy speakers, the organization of committees and commissions, and the establishment of a counting chamber. article 93. acts of the milli majlis of the republic of azerbaijan the milli majlis of the republic of azerbaijan shall adopt constitutional laws, laws and resolutions on matters within its competence. constitutional laws, laws and resolutions shall be adopted by the milli majlis in the procedure specified by the present constitution. members of the milli majlis of the republic of azerbaijan shall exercise the right to vote in person. in the laws and resolutions the milli majlis of the republic of azerbaijan cannot assign specific tasks to executive organs and courts. article 94. general rules to be determined by the milli majlis of the republic of azerbaijan the milli majlis of the republic of azerbaijan determines the general rules on the following matters: the use of human and civil constitutional rights and freedoms, state guarantee of these rights and freedoms; presidential elections of the republic of azerbaijan; elections to the milli majlis of the republic of azerbaijan and the status of members of the milli majlis of the republic of azerbaijan; referendum; the court system and the status of judges, procuracy; attorneyship; and notary business; legal procedures, implementation of court's decisions; municipal elections and the status of municipalities; the regime in exceptional situations; martial law regime; state awards; the status of physical and juridical persons; matters of civil law; transactions; civil law agreements, representations and inheritance; right of ownership, including the legal regime of the state, private and municipal property, right of intellectual property; other property rights; obligation right; family relations including trusteeship and guardianship; foundations of finance activity, taxes, duties and customs; labor relations and social security; determination of crimes and law violations; imposing responsibility for their commitment; defense and military service; state service; foundations of security; territorial organization; regime of state borders; ratification and denunciation of international agreements; communications and transport; statistics, metrology and standards; customs; commerce and transaction; banking, accounting, insurance. on the matters mentioned in items 2, 3, 4 of the present article the laws are passed by a majority of 83 votes; on the remaining matters-a majority of 63 votes are required to pass a law. the first part of the present article may be supplemented by a constitutional law. article 95. matters to be determined by the milli majlis of the republic of azerbaijan the milli majlis of the republic of azerbaijan is competent to determine the following matters: the arrangement of the work of the milli majlis of the republic of azerbaijan; the establishment of diplomatic representation upon the proposal of the president of the republic of azerbaijan; the administrative-territorial division; the ratification and denunciation of international treaties and intergovernmental agreements containing rules contrary to the laws of the republic of azerbaijan; the ratification of the state fiscal budget on the proposal of the president of the republic of azerbaijan and exercising control over its use; the election of a commissioner for human rights of the republic of azerbaijan upon presentation by the president of the republic of azerbaijan; upon the proposal of the president of the republic of azerbaijan, ratification of the military doctrine of the republic of azerbaijan; ratification in cases specified by the present constitution of the decrees of the president of the republic of azerbaijan; upon the proposal of the president of the republic of azerbaijan, giving consent to the candidate being appointed to the post of the prime minister of the republic of azerbaijan; on the proposal of the president of the president of the republic of azerbaijan appointment of the members of the constitutional court and supreme court of the republic of azerbaijan and the courts of the appeal of the republic of azerbaijan; appointment of the general procurator on the proposal of the president of the republic of azerbaijan, giving consent to release the general procurator from holding position on the proposal of the president of the republic of azerbaijan; removal of the president of the republic of azerbaijan from office by way of impeachment upon proposal of the constitutional court; removal of judges from holding positions on the proposal of the president of the republic of azerbaijan; taking the decision on a vote of confidence in the cabinet of ministers of the republic of azerbaijan; appointment and dismissal of the chairperson and the members of the board of directors of the central bank of the republic of azerbaijan upon recommendation of the president of the republic of azerbaijan; giving consent to the use of the armed forces to the fulfillment of obligations not connected with their main purpose on the basis of the proposal of the president of the republic of azerbaijan; on the basis of the proposal of the president of the republic of azerbaijan, give consent to declare a war and conclude peace; schedule a referendum; amnesty; and hearing of the municipality reports. matters specified in items 1-5 of the present article laws shall be passed by a majority of 63 votes; as for the remaining matters, resolutions shall be adopted in the same procedure if the present constitution does not stipulate another procedure. resolutions shall also be adopted with respect to other issues, which, according to the present constitution, fall within the competence of the milli majlis of the republic of azerbaijan, the issues connected with the organization of the activity of the milli majlis of the republic of azerbaijan, as well as the issues on which the opinion of the milli majlis of the republic of azerbaijan is required. the first part of the present article may be supplemented by a constitutional law. article 96. the right to initiate legislation in the milli majlis of the republic of azerbaijan the right to initiate legislation (the right to submit draft laws and other issues to the discussion of the milli majlis of the republic of azerbaijan) in the milli majlis of the republic of azerbaijan belongs to the members of the milli majlis of the republic of azerbaijan, the president of the republic of azerbaijan, the supreme court of the republic of azerbaijan, forty thousand citizens of the republic of azerbaijan enjoying suffrage, the prosecutor's office of the republic of azerbaijan and the ali majlis of the nakhichevan autonomous republic. draft laws or decisions submitted to the discussion of the milli majlis of the republic of azerbaijan by way of legislative initiative by the president of the republic of azerbaijan, the supreme court of the republic of azerbaijan, forty thousand citizens of the republic of azerbaijan enjoying suffrage, the prosecutor's office of the republic of azerbaijan and the ali majlis of the nakhichevan autonomous republic are submitted to the milli majlis of the republic of azerbaijan for discussion and put to the vote in the form in which they have been presented. changes to such laws or decisions may be made with the consent of the subjects exercising the right of legislative initiative. draft laws or decisions presented by way of legislative initiative by the president of the republic of azerbaijan, the supreme court of the republic of azerbaijan, forty thousand citizens of the republic of azerbaijan enjoying suffrage, the prosecutor's office of the republic of azerbaijan or the ali majlis of the nakhichevan autonomous republic shall be put to the vote in the milli majlis of the republic of azerbaijan within a period of two months. if the adoption of a draft law or decision has been declared a matter of urgency by the president of the republic of azerbaijan, the supreme court of the republic, the prosecutor's office of the republic of azerbaijan or the ali majlis of the nakhichevan autonomous republic this period shall be 20 days. the manner in which 40 thousand citizens of the republic of azerbaijan enjoying suffrage exercise their right to initiate legislation shall be defined by law. draft laws and resolutions shall be substantiated and the purposes for their adoption shall be indicated. article 97. time limit for the submission of laws to the president for signing the laws are submitted to the president of the republic of azerbaijan for signing within 14 days from the day of adoption. a draft law which has been declared urgent is submitted to the president of the republic of azerbaijan for signing within 24 hours from its adoption. article 98. coming into force of laws of the milli majlis of the republic of azerbaijan the law and the resolutions shall come into effect from the day of publication if the law or the resolution itself does not specify a different procedure. article 98-1. the dissolution of the milli majlis of the republic of azerbaijan the president of the republic of azerbaijan is empowered to dissolve the milli majlis if the same convocation of the milli majlis of the republic of azerbaijan expresses twice during the year no-confidence to the cabinet of ministers of the republic of azerbaijan or if the milli majlis of the republic of azerbaijan fails to appoint during the statutory period the candidates nominated for the membership of the constitutional court, the supreme court and the board of the central bank of azerbaijan upon a double submission of the president of azerbaijan, as well as if the milli majlis of the republic of azerbaijan fails to fulfill its obligations specified in articles 94, 95 and 97, as well as in parts ii, iii, iv and v of article 96 due to unavoidable reasons. the term of office of the milli majlis of the republic of azerbaijan elected via extraordinary elections of milli majlis's convocation may be less than five years. in such case the regular elections to the milli majlis of the republic of azerbaijan shall be held on the first sunday of november of the fifth year of a term of office of the milli majlis of the republic of azerbaijan elected on extraordinary elections of milli majlis's convocation. chapter vi. executive power article 99. authority competent to exercise executive power the executive power in the republic of azerbaijan belongs to the president of the republic of azerbaijan. article 100. requirements of candidates for the presidency of the republic of azerbaijan the president of the republic of azerbaijan can be any citizen of the republic of azerbaijan, has been residing in the territory of the republic of azerbaijan without interruption for more than 10 years, enjoys the right to vote, has never been tried for a major crime, has no commitments towards other states, has benefited from higher education and does not have dual citizenship. article 101. foundations for the election of the president of the republic of azerbaijan the president of the republic of azerbaijan is elected for a term of seven years by universal, direct and equal elections by free, individual and secret ballot. the president of the republic of azerbaijan is empowered to declare extraordinary presidential elections. the president of the republic of azerbaijan is elected by a majority of half of the votes cast in the election. if this majority is not achieved on the first ballot, a second ballot shall be held on the second sunday following the first round of voting. only the two candidates who have polled the highest numbers of votes in the first round shall participate in the second round, or, in case those candidates who have polled most votes have withdrawn their candidacies, the two candidates placed immediately behind them. the candidate who has obtained a majority vote in the second round is considered the elected president of the republic of azerbaijan. in case the conduct of the presidential election of the republic of azerbaijan is not held due to military operations under a state of war, the term of office of the president of the republic of azerbaijan shall be extended until the end of military operations. the decision on this matter shall be adopted by the constitutional court of the republic of azerbaijan on the basis of the application of the state body organizing elections (referendum). the rules for the implementation of this article shall be defined by law. article 102. results of the elections of the president of the republic of azerbaijan the results of the elections shall be officially announced by the constitutional court of the republic of azerbaijan within 14 days after the elections. article 103. oath of allegiance of the person elected president of the republic of azerbaijan the person who has been elected president of the republic of azerbaijan within three days starting from the announcement day of the presidential election results with the participation of judges of the constitutional court takes the following oath: "while executing the power of the president of the republic of azerbaijan i swear to observe the constitution of the republic of azerbaijan, defend the sovereignty and territorial integrity of the state, to serve the people in a dignified manner." the president of the republic of azerbaijan is considered to have assumed his or her duties from the day of swearing in. article 103-1. vice-presidents of the republic of azerbaijan the first vice-president and vice-presidents of the republic of azerbaijan are appointed and dismissed by the president of the republic of azerbaijan. a citizen of the azerbaijani republic, having voting right and university decree and having no obligations in other states can be appointed to the post of vice-president of the republic of azerbaijan. article 104. permanent incapacity of the president of the republic of azerbaijan the powers of the president of the republic of azerbaijan shall be considered to have expired before the official end of his or her term when he or she retires, loses the ability to fulfill the duties of his or her office for health reasons, or is removed from office in the conditions and in the procedure specified by the present constitution. when the president of the republic of azerbaijan retires, his or her request for retirement is submitted to the constitutional court of the republic of azerbaijan. the constitutional court of the republic of azerbaijan, having ascertained that the president has personally sent in his or her resignation makes a decision on approving the resignation of the president of the republic of azerbaijan. from that moment the president shall be considered to have resigned from his or her position in connection with his or her retirement. upon the presentation of information concerning the complete loss of ability of the president of the republic of azerbaijan to fulfill the duties of his or her office for health reasons, the milli majlis of the republic of azerbaijan shall request the constitutional court of the republic of azerbaijan to verify and confirm the relevant facts. the constitutional court of the republic of azerbaijan makes a decision on this matter by a majority of six votes. if the constitutional court of the republic of azerbaijan does not confirm the relevant facts, the issue shall be deemed to have been settled. article 105. execution of obligations of the president and retirement when the president of the republic of azerbaijan retires from the position before the official end of his or her term, a new presidential election shall be held within 60 days. in this case the first vice-president of the republic of azerbaijan shall perform the duties of the president of the republic of azerbaijan before the election of the president of the republic of azerbaijan. if during this term the first vice-president acting as president of the republic of azerbaijan resigns or completely loses the ability to fulfill his or her official duties due to poor health, the vice-president of the republic of azerbaijan receives the status of first vice-president in a specified sequence and shall carry out the powers of the president. due to the reasons specified in part ii of this article, in case that first vice-president is unable to carry out the powers of the president of the republic of azerbaijan, the powers of the president of the republic of azerbaijan shall be carried out by prime minister of the republic of azerbaijan. due to the reasons specified in part ii of this article, in case that prime minister is not able to carry out the powers of the president of the republic of azerbaijan, the powers of the president of the republic of azerbaijan shall be carried out by speaker of the milli majlis of the republic of azerbaijan. if the speaker of the milli majlis of the republic of azerbaijan is unable to fulfill the powers of the president of the republic of azerbaijan due to aforementioned reasons, the milli majlis of the republic of azerbaijan passed a decision about the fulfillment of the powers of the president of the republic of azerbaijan by other official. article 106. immunity of the president of the republic of azerbaijan the president of the republic of azerbaijan has the right of immunity. the honor and dignity of the president of the republic of azerbaijan shall be protected by law. article 106-1. immunity of the vice-president of the republic of azerbaijan the vice-president of the republic of azerbaijan enjoys immunity during the whole term of his powers. the vice-president of the republic of azerbaijan may not be arrested, brought to criminal responsibility except cases when he has been caught red-handed, disciplinary measures may not be applied to him by court, he may not be searched. the vice-president of the republic of azerbaijan may be arrested if he has been caught red-handed. in such case body detained the vice-president must immediately notify prosecutor-general of the azerbaijan republic about the fact. immunity of the vice-president of the republic of azerbaijan might be stopped only by the president of the azerbaijan republic, based on application of prosecutor-general of the republic of azerbaijan. article 107. removal of the president of the republic of azerbaijan from office the matter of the removal of the president of the republic of azerbaijan from his or her office when a serious crime has been committed by the president of the republic of azerbaijan may be presented before the milli majlis of the republic of azerbaijan on the initiative of the constitutional court of the republic of azerbaijan on the basis of a decision reached by the supreme court of the republic of azerbaijan within 30 days. the president of the republic of azerbaijan can be removed from office on the basis of a resolution passed by the majority of 95 votes of the deputies. this resolution shall be signed by the constitutional court of the republic of azerbaijan. if within one week the constitutional court of the republic of azerbaijan does not support the signing this resolution, the resolution shall not come into effect. the resolution on the removal of the president from office shall be passed within two months from the day of the constitutional court addressing the milli majlis of the republic of azerbaijan. if within this term the mentioned resolution is not passed the accusation shall be rejected. article 108. financial support of the president of the republic of azerbaijan the president of the azerbaijan republic and his family are provided for by the state. security of the president of the azerbaijan republic and his family is ensured by special guard services. regulations for the material security of the person who was elected president of the republic of azerbaijan in the past shall be defined by a constitutional law. article 108-1. provisions of the first vice-president of the republic of azerbaijan the vice-president of the republic of azerbaijan and his family are provided for by the state. security of the vice-president of the republic of azerbaijan and his family is ensured by special guard services. article 109. powers of the president of the republic of azerbaijan the president of the republic of azerbaijan: sets the date for the elections to the milli majlis of the republic of azerbaijan; presents the state budget of the republic of azerbaijan to the milli majlis for ratification; approves state economic and social programs; with the consent of the milli majlis of the republic of azerbaijan appoints the prime minister of the republic of azerbaijan and removes from position the prime minister of the republic of azerbaijan; appoints to and removes from position members of the cabinet of ministers of the republic of azerbaijan; in special cases presides at the meetings of the cabinet of ministers of the republic of azerbaijan; makes a decision on the resignation of the cabinet of ministers of the republic of azerbaijan; establishes central and local executive organs for exercising executive power within the expenses planned by the state budget of the republic of azerbaijan; annuls the resolutions and orders of the cabinet of ministers of the republic of azerbaijan, the cabinet of ministers of the nakhichevan autonomous republic, acts of central and local executive organs; presents a proposal to the milli majlis of the republic of azerbaijan on the appointment and removal from the position of judges of the constitutional court of the republic of azerbaijan, the supreme court of the republic of azerbaijan and the courts of appeal of the republic of azerbaijan; in agreement with the milli majlis of the republic of azerbaijan appoints and removes the general procurator of the republic of azerbaijan from his or her position; appoints to the position judges of other courts of the republic of azerbaijan; presents proposals to the milli majlis of the republic of azerbaijan concerning the appointment and dismissal of the members of the board of directors of the central bank of the republic of azerbaijan and appoints the chairman of the central bank of the republic of azerbaijan from the members of the governing board of the central bank of the republic of azerbaijan. presents the military doctrine of the republic of azerbaijan to the milli majlis of the republic of azerbaijan for ratification; appoints and removes from position higher commanders of the armed forces of the republic of azerbaijan; organizes the administration of the president of the republic of azerbaijan and appoints its head; makes recommendation to the milli majlis of the republic of azerbaijan for the election of the commissioner for human rights. presents to the milli majlis of the republic of azerbaijan a proposal on establishing diplomatic representations of the republic of azerbaijan in foreign countries and international organizations, appoints and recalls diplomatic representatives of the republic of azerbaijan in foreign states and international organizations; accepts credentials and letters of recall of the diplomatic representatives of foreign states; concludes international treaties and intergovernmental agreements, submits international and intergovernmental agreements containing rules contrary to the laws of the republic of azerbaijan to the milli majlis of the republic of azerbaijan for ratification or denunciation, and signs decrees on the ratification of international treaties and agreements; decides on the holding of a referendum; signs and issues laws; settles matters of citizenship; decides matters on granting political asylum; passes acts on granting mercy; grants state awards; confers higher military and higher special ranks; announces total or partial mobilization and demobilization; makes a decision on calling up citizens of the republic of azerbaijan for urgent military service and on transferring soldiers to the reserve; establishes the security council of the republic of azerbaijan; introduces a proposal to the milli majlis of the republic of azerbaijan on giving consent to enlist armed forces of the republic of azerbaijan for the fulfillment of obligations not connected with their main obligation; declares an emergency situation and martial law; with the consent of the milli majlis of the republic of azerbaijan declares war and concludes peace; establishes special protective services, provided for in the budget of the republic of azerbaijan; settles other matters not assigned by the present constitution to the milli majlis of the republic of azerbaijan by executive order. article 110. signing laws the president of the republic of azerbaijan signs laws within 56 days from the day of presentation. if law engenders objection on the part of the president of the republic of azerbaijan, he, without signing the law, shall at the appointed time, attaching his or her objections, send it back to the milli majlis of the republic of azerbaijan. if the milli majlis of the republic of azerbaijan adopts in a second vote a law previously passed by a majority of 83 votes by a majority of 95 or a law previously passed by a majority of 63 votes by a majority of 83 votes, the law shall come into effect. article 110-1. delegation of authority to sign international interstate and intergovernmental agreements the president of the republic of azerbaijan can delegate the authority to the vice-president, members of the cabinet of ministers of the republic of azerbaijan and other officials, appointed by the president of the republic of azerbaijan to sign international interstate and intergovernmental agreements. article 111. declaration of martial law when a certain part of the territory of the republic of azerbaijan has been occupied, when a foreign state has declared a war against the republic of azerbaijan, a real danger of an armed attack against the republic of azerbaijan has been brought into being, a territory of the republic of azerbaijan has been blockaded, and if there exists real danger of such a blockade, the president of the republic of azerbaijan declares martial law on the entire territory of the republic of azerbaijan or in some of its parts and within 24 hours presents the decree to the milli majlis to the republic of azerbaijan for ratification. article 112. declaration of a state of emergency the president of the republic of azerbaijan declares a state of emergency in separate areas of the republic of azerbaijan when there are natural calamities, epidemics, epizootics, great ecological and other catastrophes, as well as when there are actions directed at the violation of the territorial integrity of the republic of azerbaijan, forced change of its constitutional system, mass disturbances, accompanied by violence, rise of national conflicts creating threat for life and security of citizens, or for normal activity of state organs. the president of the republic of azerbaijan within 24 hours presents the decree to the milli majlis of the republic of azerbaijan for ratification. article 113. acts of the president of the republic of azerbaijan the president of the republic of azerbaijan establishes general rules by way of decree and issues orders to determine other matters. if a different procedure is not envisaged in decrees and orders, they come into effect from the day of publication. article 114. status of the cabinet of the ministers of the republic of azerbaijan with the aim of the implementation of executive competence the president of the republic of azerbaijan forms the cabinet of ministers of the republic of azerbaijan. the cabinet of ministers is the supreme executive organ of the executive power of the president of the republic of azerbaijan. the cabinet of ministers of the republic of azerbaijan is subordinate and accountable to the president of the republic of azerbaijan. the agenda of the cabinet of ministers of the republic of azerbaijan is determined by the president of the republic of azerbaijan. article 115. composition of the cabinet of ministers of the republic of azerbaijan the cabinet of ministers consists of the prime minister of the republic of azerbaijan, his or her deputy, ministers and the heads of other central organs of executive power. article 116. resignation of the cabinet of ministers on the day when the newly elected president of the republic of azerbaijan takes office and assumes the duties of his or her office the cabinet of ministers shall resign. article 117. meetings of the cabinet of ministers of the republic of azerbaijan the prime minister of the republic of azerbaijan presides at meetings of the cabinet of ministers of the republic of azerbaijan. article 118. appointment procedure of the prime minister of the republic of azerbaijan the prime minister of the republic of azerbaijan is appointed by the president of the republic of azerbaijan with the consent of the milli majlis of the republic of azerbaijan. the president of the republic of azerbaijan presents for discussion to the milli majlis of the republic of azerbaijan a proposal on the candidacy to the post of the prime minister no later than one month from the day of assuming his or her duties or no later than two weeks from the day of resignation of the cabinet of ministers of the republic of azerbaijan. the milli majlis of the republic of azerbaijan shall approve the candidate for the post of the prime minister of the republic of azerbaijan no later than one week after the candidacy has been presented. if this procedure is not respected, or if the candidate proposed by the president of the azerbaijan republic for the post of prime minister of the azerbaijan republic is rejected three times, the president of the azerbaijan republic may appoint prime minister of the azerbaijan republic without consent of milli majlis of the azerbaijan republic. article 119. powers of the cabinet of ministers of the republic of azerbaijan the cabinet of ministers of the republic of azerbaijan: prepares a draft of the state budget of the republic of azerbaijan and submits it to the president of the republic of azerbaijan; ensures the implementation of the state budget of the republic of azerbaijan; ensures realization of the financial credit and monetary policy; ensures the execution of the state social program; guides the ministries and other central organs of the executive organs, annuls their acts; settles other matters which are assigned by the president to the competence of the cabinet. article 120. acts of the cabinet of ministers of the republic of azerbaijan the cabinet of ministers of the republic of azerbaijan establishes general rules by issuing decrees and issues orders to determine other matters. if a different procedure is not specified in decrees and orders of the cabinet of ministers of the republic of azerbaijan they come into effect after the day of publication. article 121. requirements for candidates for the cabinet of ministers the appointment to be prime minister of the republic of azerbaijan, deputy prime minister, minister, head of other central body of executive power can be a citizen of the republic of azerbaijan, having voting right, with university degree, having no liabilities in other states. article 122. requirements for members of the cabinet of ministers of the republic of azerbaijan the prime minister of the republic of azerbaijan, his or her deputies, ministers, heads of other central organs of the executive power cannot hold any other elected or appointed position, they cannot be engaged in business, commercial and other paid activity with the exception of scientific, teaching and creative activity, they cannot receive remuneration other than the position salary and means received for scientific, teaching and creative work. article 123. immunity of the prime minister of the republic of azerbaijan during the term of office the prime minister enjoys personal immunity. the prime minister cannot be brought to court, detained, except in cases when he is caught flagrante delicto, no court measures, administrative penalty, arrest, and other suppression measures can be applied to him, he cannot be searched or inspected. the prime minister of the republic of azerbaijan can be detained if he is caught flagrante delicto. in that case the organ which has detained him shall immediately inform the general procurator of the republic of azerbaijan. the immunity of the prime minister of the republic of azerbaijan can be interrupted only by the president on the basis of the presentation of the general procurator of the republic of azerbaijan. article 124. local executive power local executive power is exercised by the heads of executive power. heads of executive power are appointed and removed from holding positions by the president of the republic of azerbaijan. the competence of the local executive power is determined by the president of the republic of azerbaijan. chapter vii. judicial power article 125. the exercise of judicial power judicial power is exercised solely by judicial organs. judicial power is exercised by the constitutional court of the republic of azerbaijan, the supreme court of the republic of azerbaijan, the courts of appeal of the republic of azerbaijan, general and specialized courts of the republic of azerbaijan. judicial power is exercised in constitutional, civil, administrative and criminal legal proceedings and in other forms specified by law. in the criminal legal proceedings, prosecutor's office of the azerbaijan republic and defense take part. judicial structure and legal procedure are determined by law. the use of legal means not specified by law in order to change the competence of judges and create extraordinary courts is prohibited. court proceedings shall provide for the discovery of the truth. article 126. requirements of candidates for the post of judges citizens of the republic of azerbaijan, enjoying the right to vote, having a university degree in law and a five-year working experience in the field of law can be judges. judges cannot hold other elected or appointed position, they cannot be engaged in business, commercial and any other paid activity, excepting scientific, teaching and creative work, nor can they affiliate with political parties and be engaged in political activity, nor can they get any remuneration except salary and means for scientific, teaching and creative work. article 127. principles of justice judges are autonomous, they are subordinate only to the constitution and the laws of the republic of azerbaijan and are irremovable during their term of office. judges decide the cases in an unbiased, fair way, following the legal equality of the sides, on the basis of facts and in accordance with the law. direct or indirect restriction of legal procedure on someone's part and for some reason, illegal influence, pressure, threat, and interference is not permitted. justice is administered on the basis of legal equality of citizens before the law and the court. trial in all the courts is public. hearing of the case behind closed doors can be authorized in case the court assumes that open trial can lead to revealing a state, professional or commercial secret, or when the court deems it necessary to keep a secret of personal or family life. legal proceedings of criminal cases by default are not authorized in the court of first instance. legal proceedings are conducted based on the principle of controversy. everyone has the right to receive qualified legal help at any stage of the legal proceedings. justice is based on the presumption of innocence. legal proceedings in the republic of azerbaijan are conducted in the official language of the republic of azerbaijan or in the language of the population which constitute the majority in the area concerned. persons-participants in court examination who do not know the language in which legal proceedings are held are guaranteed the right to familiarize themselves with the matter, to participate in the court with the help of an interpreter, to speak in their native language. article 128. immunity of judges judges shall enjoy immunity. a judge can be brought to court only in the procedure specified by law. the competence of judges can be terminated only in the legal procedure specified by law. if a crime is committed by a judge, the president of the republic of azerbaijan shall on the basis of the conclusions of the supreme court of the republic of azerbaijan request the removal of the judge from office before the milli majlis of the republic of azerbaijan. the relevant conclusions of the supreme court of the republic of azerbaijan must be presented to the president of the republic of azerbaijan within 30 days from the request. decisions on the removal of members of the constitutional court of the republic of azerbaijan, the supreme court of the republic of azerbaijan and the courts of appeal of the republic of azerbaijan shall be taken by a majority of 83 votes, decisions on the removal of other judges by a majority of 63 votes in the milli majlis of the republic of azerbaijan. article 129. court decisions and their implementation court decisions shall be made on behalf of the state and their implementation shall be mandatory. failure to execute a court decision shall entail liability prescribed by law. a court decision shall be grounded in law and evidence. article 130. the constitutional court of the republic of azerbaijan the constitutional court of the republic of azerbaijan consists of nine (9) judges. the members of the constitutional court of the republic of azerbaijan are appointed by the milli majlis of the republic of azerbaijan upon proposal of the president of the republic of azerbaijan. upon request by the president of the republic of azerbaijan, the milli majlis of the republic of azerbaijan, the cabinet of ministers of the republic of azerbaijan, the supreme court of the republic of azerbaijan, the general procurator's office of the republic of azerbaijan or the ali majlis of the nakhichevan autonomous republic, the constitutional court of the republic of azerbaijan shall examine the following matters: the conformity with the constitution of the republic of azerbaijan of laws of the republic of azerbaijan, decrees and orders of the president of the republic of azerbaijan, resolutions of the milli majlis of the republic of azerbaijan, resolutions and orders of the cabinet of ministers of the republic of azerbaijan, normative and legal acts of central executive organs of the republic of azerbaijan; the conformity with the laws of the republic of azerbaijan of decrees of the president of the republic of azerbaijan, resolutions of the cabinet of ministers of the republic of azerbaijan, normative and legal acts of central executive organs of the republic of azerbaijan; the conformity with the decrees and orders of the president of the republic of azerbaijan of resolutions of the cabinet of ministers of the republic of azerbaijan and normative and legal acts of central executive organs of the republic of azerbaijan; in cases specified by law the conformity of acts of the supreme court of the republic of azerbaijan with the constitution and the laws of the republic of azerbaijan; the conformity of the acts of the municipalities with the constitution of the republic of azerbaijan, decrees of the president of the republic of azerbaijan, resolutions of the cabinet of ministers of the republic of azerbaijan (in the nakhichevan autonomous republic-also with the constitution and the laws of the nakhichevan autonomous republic and with the resolutions of the cabinet of ministers of the nakhichevan autonomous republic); the conformity of non-ratified inter-state treaties of the republic of azerbaijan with the constitution of the republic of azerbaijan and the conformity of intergovernmental treaties with the constitution and the laws of the republic of azerbaijan; the conformity of the constitution and the laws of the nakhichevan autonomous republic, the resolutions of the ali majlis of the nakhichevan autonomous republic, the resolutions and orders of the cabinet of ministers of the nakhichevan autonomous republic with the constitution of the republic of azerbaijan, the conformity of the laws of the nakhichevan autonomous republic, the resolutions of the cabinet of ministers of the nakhichevan autonomous republic with the laws of the republic of azerbaijan, and the conformity of the resolutions of the cabinet of ministers of the nakhichevan autonomous republic with the decrees and orders of the president and the resolutions of the cabinet of ministers of the republic of azerbaijan; disputes related to the separation of powers between the legislative and executive branches. the constitutional court of the republic of azerbaijan shall interpret the constitution and the laws of the republic of azerbaijan upon application by the president of the republic of azerbaijan, the milli majlis of the republic of azerbaijan, the cabinet of ministers of the republic of azerbaijan, the office of the general procurator of the republic of azerbaijan or the ali majlis of the nakhichevan autonomous republic. everyone who claims to be the victim of a violation of his or her rights or freedoms by a decision of the legislative, executive and judiciary or by one of the municipal acts set forth in the items 1-7 of section iii of this article may appeal, in accordance with the procedure provided for by law, to the constitutional court of the republic of azerbaijan with the view of the restoration of his or her violated human rights and freedoms. in accordance with the procedure provided by the laws of the republic of azerbaijan, courts may apply to the constitutional court of the republic of azerbaijan for an interpretation of the constitution and the laws of the republic of azerbaijan with regard to issues arising out of the implementation of human rights and civil liberties. the ombudsman of the azerbaijan republic shall apply to the constitutional court of the republic of azerbaijan in cases where the rights and freedoms of a person have allegedly been violated by legislative acts in force, normative acts of the executive or of municipalities, or court decisions in accordance with the procedure provided for by the laws of the republic of azerbaijan on the adjudication of the cases and applications listed as items 1 to 7 in section iii of the present article. the constitutional court of the republic of azerbaijan shall also perform the other duties specified in the present constitution. the constitutional court of the republic of azerbaijan shall determine issues of jurisdiction. decisions of the constitutional court of the republic of azerbaijan are binding on the whole territory of the republic of azerbaijan. the decisions of the constitutional court of the republic of azerbaijan shall be published. laws and other normative acts or individual provisions of such acts or intergovernmental treaties of the republic of azerbaijan shall cease to apply at the time which is indicated in the decision of the constitutional court that declares them to be inconsistent with the constitution of the republic of azerbaijan; interâ­state treaties of the republic of azerbaijan which are declared unconstitutional shall not come into effect. article 131. the supreme court of the republic of azerbaijan the supreme court of the republic of azerbaijan is the highest judicial organ on civil, criminal and other cases belonging to general and specialized courts; it administers justice by cassation procedure; it provides explanations concerning the practice of courts by cassation. judges of the supreme court of the republic of azerbaijan are appointed by the milli majlis of the republic of azerbaijan on the proposal of the president of the republic of azerbaijan. the decisions of the supreme court of the republic of azerbaijan shall be published. article 132. the courts of appeal of the republic of azerbaijan the courts of appeal of the republic of azerbaijan are the courts of last instance in matters assigned to them by law. judges of the courts of appeal are appointed by the milli majlis of the republic of azerbaijan on the recommendation of the president of the republic of azerbaijan. article 133. the general procurator of the republic of azerbaijan the office of the procurator of the republic of azerbaijan, in the procedure and cases, specified by law, exercises control over the accurate and uniform execution and application of laws; supports in court state prosecution; brings in an action; institutes and proceedings and holds investigations; brings objections to the court's decisions. there appears to be no attempt to curb the power of the prosecutor, which has remained one of the several authoritarian features of the former soviet regime. the office of the procurator of the republic of azerbaijan is a united centralized organ consisting of territorial and specialized procurator offices based on their subordination to the procurator of the republic of azerbaijan. the procurator of the republic of azerbaijan is appointed to and removed from holding the position by the president of the republic of azerbaijan with the consent of the milli majlis of the republic of azerbaijan. deputies of the procurator of the republic of azerbaijan, heads of the specialized republican offices of the procurator are appointed to and removed from the position by the president of the republic of azerbaijan on the proposal of the procurator of the republic of azerbaijan. territorial and specialized procurators are appointed to the positions by the procurator of the republic of azerbaijan in agreement with the president of the republic of azerbaijan. chapter viii. the nakhichevan autonomous republic article 134. the status of the nakhichevan autonomous republic the nakhichevan autonomous republic is an autonomous state which forms part of the republic of azerbaijan. the status of the nakhichevan autonomous republic is determined by the present constitution. the nakhichevan autonomous republic is an inalienable part of the republic of azerbaijan. the constitution of the republic of azerbaijan, laws of the republic of azerbaijan, decrees of the president of the republic of azerbaijan and resolutions of the cabinet of ministers of the republic of azerbaijan are binding in the territory of the nakhichevan autonomous republic. the constitution and laws of the nakhichevan autonomous republic must not contradict the constitution and the laws of the republic of azerbaijan, resolutions of the cabinet of ministers of the nakhichevan autonomous republic must not contradict the constitution and the laws of the republic of azerbaijan, the decrees of the president of the republic of azerbaijan and the resolutions of the cabinet of ministers of the republic of azerbaijan. the constitution of the nakhichevan autonomous republic shall be presented to the milli majlis of the republic of azerbaijan by the president of the republic of azerbaijan and is confirmed by a constitutional law. article 135. separation of powers in the nakhichevan autonomous republic the legislative power in the nakhichevan autonomous republic is exercised by the ali majlis of the nakhichevan autonomous republic, the executive power is exercised by the cabinet of ministers of the nakhichevan autonomous republic, the judicial power is exercised by the courts of the nakhichevan autonomous republic. the ali majlis of the nakhichevan autonomous republic deals independently with matters referred to its power by the constitution and the laws of the republic of azerbaijan; the cabinet of ministers of nakhichevan autonomous republic deals independently with matters referred to its power by the constitution and the laws of the republic of azerbaijan, decrees of the president of the republic of azerbaijan; the courts of the nakhichevan autonomous republic deal independently with matters referred to its power by the constitution and the laws of the republic of azerbaijan. article 136. the highest official of the nakhichevan autonomous republic the speaker of the ali majlis of the nakhichevan autonomous republic is the highest official of the nakhichevan autonomous republic. article 137. the ali majlis of the nakhichevan autonomous republic the ali majlis of the nakhichevan autonomous republic consists of 45 members. the term of office for the ali majlis members of the nakhichevan autonomous republic is five years. the ali majlis of the nakhichevan autonomous republic elects the speaker of the ali majlis of the nakhichevan autonomous republic and its deputies form permanent and other commissions. article 138. general rules established by the ali majlis of the nakhichevan autonomous republic the ali majlis of the nakhichevan autonomous republic establishes general rules on the following matters: elections to the ali majlis of the nakhichevan autonomous republic; taxes; directions of the economic development of the nakhichevan autonomous republic; social security; protection of the environment; tourism; health care, science, culture. the ali majlis of the nakhichevan autonomous republic adopts laws on matters specified in this article. article 139. matters dealt with by the ali majlis of the nakhichevan autonomous republic the ali majlis of the nakhichevan autonomous republic deals with the following matters: work organization of the ali majlis of the nakhichevan autonomous republic; the budget of the nakhichevan autonomous republic; approval of economic and social programs of the nakhichevan autonomous republic; the appointment to the position and removal from the position of the prime minister of the nakhichevan autonomous republic; the approval of the composition of the cabinet of ministers of the nakhichevan autonomous republic; confidence in the cabinet of ministers of the nakhichevan autonomous republic. the ali majlis of the nakhichevan autonomous republic passes resolutions on the matters mentioned in this article. article 140. the cabinet of ministers of the nakhichevan autonomous republic the composition of the cabinet of ministers of the nakhichevan autonomous republic shall be determined by the ali majlis of the nakhichevan autonomous republic on the proposal of the prime minister of the nakhichevan autonomous republic. the prime minister of the nakhichevan autonomous republic is appointed by the ali majlis of the nakhichevan autonomous republic based on the proposal of the president of the republic of azerbaijan. the cabinet of ministers of the nakhichevan autonomous republic: makes budget estimates of the republic and submits them to the ali majlis of the nakhichevan autonomous republic; realizes the budget of the autonomous republic; ensures the implementation of economic programs; ensures social security programs; deals with other matters attributed to its competence by the president of the republic of azerbaijan. the cabinet of ministers of the nakhichevan autonomous republic adopts resolutions and orders. article 141. local executive power in nakhichevan autonomous republic heads of local executive power in the nakhichevan autonomous republic are appointed by the president of the republic of azerbaijan on the basis of joint presentations by the speaker of the ali majlis and the prime minister of the nakhichevan autonomous republic. fourth part. local self-government chapter ix. municipalities article 142. the organization of local government local government in rural areas and towns, villages and settlements is exercised by municipalities. municipalities are formed on the basis of elections. the foundation of the status of municipalities is established by the constitution and the rules of elections to municipalities by law. article 143. organization of the work of municipalities the municipalities implement their activity by meetings, permanent and other commissions. meetings of the municipalities are convened by the chairperson of the municipality. article 144. the competence of municipalities the following matters are settled at the meetings of the municipalities: the recognition of the authority of municipality members, termination of their authority in cases specified by law; the approval of regulations; the election of the chairman of the municipality and his or her deputies, permanent and other commissions; the determination of local taxes and fees; the approval of the local budget and accounts for their use; the ownership of the municipal property, charging and using it; the approval and implementation of local programs of social security and social development; the approval and implementation of local programs of economic development; the approval and implementation of local ecological programs. municipalities can be delegated additional authority by the legislative and the executive power. municipalities must be allotted necessary financial means for executing this authority. the realization of this authority shall be controlled by the legislative and the executive power. article 145. decisions of municipalities decisions on matters are taken at the meetings of municipalities. decisions of municipalities are made by a simple majority vote of municipality members. decisions connected with local taxes and payments are made by a majority of two-thirds of votes of the municipality members. article 146. guarantee of the independence of municipalities municipalities are independent to exercise their power; this does not exclude their responsibility before the citizens residing in the territory of the municipality. the regulations and procedure for the selection of the municipality members, the termination of their powers, as well as the regulation for early dissolution of municipalities shall be laid down by law. the independent exercise of their powers by the municipalities may not infringe the sovereignty of the azerbaijani state. the state oversees the activities of municipalities. municipalities shall submit reports to the milli majlis of the republic of azerbaijan in the conditions and in the manner prescribed by law. municipalities shall enjoy protection in the courts court and receive compensation for additional expenses caused by decisions of state bodies. article 146-1. responsibility of municipalities the municipalities and municipal servants are responsible for damage caused to human rights and freedoms in the result of the offences or inactivity by municipal servants and their non-provision. fifth part. law and statute chapter x. legal system article 147. legal status of the constitution of the republic of azerbaijan the constitution of the republic of azerbaijan is the supreme law in the republic of azerbaijan. the constitution of the republic of azerbaijan has direct binding effect. the constitution of the republic of azerbaijan is the foundation of the legal system in the republic of azerbaijan. article 148. acts composing the legal system of the republic of azerbaijan the legal system of the republic of azerbaijan consists of the following normative-legal acts: the constitution; acts adopted by referendum; laws; decrees; resolutions of the cabinet of ministers of the republic of azerbaijan; normative acts of central organs of the executive power. international treaties, to which the republic of azerbaijan is a party, are an inalienable substantive part of the legal system of the republic of azerbaijan. in the nakhichevan autonomous republic the constitution and the laws of the nakhichevan autonomous republic, resolutions of the cabinet of ministers of the nakhichevan autonomous republic also have binding force. the legal system in the nakhichevan autonomous republic must correspond to the legal system in the republic of azerbaijan. within their competence, the local organs of the executive power can take decisions and instructions of a normative character and other acts, provided that they do not conflict with acts forming part of the legal system. article 149. normative legal acts acts that have been passed by referendum must be based on law and justice (on equal relationship to equal interests). only in case of publication of acts, passed by referendum, are their use and implementation obligatory for citizens, legislative, executive and judicial power, juridical persons and the municipalities. laws must not contradict the constitution. the application and fulfillment is obligatory only for published laws for all citizens, legislative, executive and judicial powers, juridical persons and municipalities. decrees must not contradict the constitution or laws of the republic of azerbaijan. only published decrees are used and implemented for citizens, executive organs, and juridical persons. resolutions of the cabinet of ministers must not contradict the constitution, laws of the republic of azerbaijan, and decrees of the republic of azerbaijan. it is only when the resolutions of the cabinet of ministers of the republic of azerbaijan are made public that their application and realization are obligatory for citizens, central and local organs of the executive power, juridical persons. acts of central and local organs of the executive power must not contradict the constitution, the laws of the republic of azerbaijan, decrees of the president of the republic of azerbaijan, resolutions of the cabinet of ministers of the republic of azerbaijan. normative legal acts, altering the legal status of physical and juridical persons, removing or mitigating their legal responsibility can have retroactive force. other normative-legal acts do not have retroactive force. normative legal acts shall be published. no one may be forced to execute (to adhere to) a regulation that was not published and held liable for failing to execute (to adhere to) such regulation. an order for publication of regulations shall be set forth by a constitutional law. article 150. acts of municipalities acts passed by municipalities must not contradict the constitution and the laws of the republic of azerbaijan, decrees or resolutions of the cabinet of ministers of the republic of azerbaijan (and in the nakhichevan autonomous republic-also the constitution and the laws of the nakhichevan autonomous republic, resolutions of the cabinet of ministers of the nakhichevan autonomous republic). the implementation of acts passed by the municipality is binding for citizens living in its territory, and for juridical persons settled in this territory. article 151. legal status of international acts when conflicts arise between normative-legal acts which form part of the legal system of the republic of azerbaijan (with the exception of the constitution of the republic of azerbaijan and the acts passed by way of referendum) and international treaties to which the republic of azerbaijan is a party, the international treaties shall apply. chapter xi. revision of the constitution of the republic of azerbaijan article 152. procedure for the revision of the constitution of the republic of azerbaijan changes to the text of the constitution of the republic of azerbaijan are adopted only by referendum. article 153. procedure for the initiation of a constitutional revision if changes in the text of the constitution of the republic of azerbaijan are proposed by the milli majlis of the republic of azerbaijan or the president of the republic of azerbaijan, the opinion of the constitutional court on the proposed changes must be obtained in advance. article 154. limits on powers of the constitutional court in constitutional referendums the constitutional court of the republic of azerbaijan cannot give an opinion on the changes to the text of the constitution approved by referendum. article 155. limits to constitutional revision proposals for a referendum cannot be introduced concerning articles 1, 2, 6, 7, 8 and 21 of this constitution, regarding restrictions or the abolition of the rights and freedoms of man and citizen, provided for in chapter iii of the present constitution, to a higher degree than is provided for by international agreements to which the republic of azerbaijan is a party. chapter xii. amendments to the constitution of the republic of azerbaijan article 156. procedure for the adoption of constitutional amendments amendments to the constitution of the republic of azerbaijan shall be adopted as constitutional laws in the milli majlis of the republic of azerbaijan by a majority of 95 votes. constitutional laws of the republic of azerbaijan on amendments to the constitution of the republic of azerbaijan are put to a vote in the milli majlis of the republic of azerbaijan twice. the second voting is held six months after the first voting. constitutional laws of the republic of azerbaijan on amendments to the constitution of the republic of azerbaijan are submitted to the president of the republic of azerbaijan both after the first voting and after the second voting. constitutional laws of the republic of azerbaijan on amendments to the constitution of the republic of azerbaijan come into force upon the signing, after the second voting by the president of the republic of azerbaijan. constitutional laws of the republic of azerbaijan are an integral part of the constitution of the republic of azerbaijan and they must not contradict the main text of the constitution of the republic of azerbaijan. article 157. introduction of amendments to the constitution of the republic of azerbaijan amendments to the constitution of the republic of azerbaijan can be put forward by the president of the republic of azerbaijan or at least 63 members of the milli majlis of the republic of azerbaijan. article 158. limitation on initiative on introduction of amendments to the constitution of the republic of azerbaijan there cannot be proposed any amendment to the constitution of the republic of azerbaijan regarding the provisions in chapter i of the present constitution. transitional provisions the constitution of the republic of azerbaijan shall come into force after the acceptance by (referendum) on the day of official publication. the constitution (fundamental law) of the republic of azerbaijan which was adopted on the 21st of april, 1978 loses its force on the same day. the president of the republic of azerbaijan from the day of adopting the present constitution and up to completing the term of office exercises the powers specified by the present constitution for the president of the republic of azerbaijan. paragraph v of article 101 of the present constitution affects the president of the republic of azerbaijan elected after the adoption of the present constitution. the power of the milli majlis composed of the people's deputies of the republic of azerbaijan by the supreme soviet of the republic of azerbaijan expires on the day of the first meeting of the newly elected milli majlis of the republic of azerbaijan. the first meeting of the newly elected milli majlis of the republic of azerbaijan shall be held a week after election of no less than 83 members of the milli majlis of the republic of azerbaijan. the first session of the milli majlis of the republic of azerbaijan shall last until may 31, 1996. article 85' of the republic of azerbaijan law "on elections to the milli majlis of the republic of azerbaijan" which was adopted on august 15, 1995 shall be in force until the expiration of the power of the milli majlis of the republic of azerbaijan of the first convocation elected on the basis of the pertinent law. the cabinet of ministers from the day of the adoption of the present constitution has the powers specified by the present constitution. from the day of the entering into force of the present constitution, the power of the local soviets of the people's deputies of the republic of azerbaijan expires. powers assigned by the legislature of the republic of azerbaijan to the local soviets of people's deputies of the republic of azerbaijan are implemented by local organs of the executive power. within two years after the present constitution has entered into force a law on local self-government must be passed and elections to municipalities must be held. laws and other normative-legal acts operating on the territory of the republic of azerbaijan from the day of the adoption of the present constitution remain in force in the parts that do not contradict the present constitution. the courts of the republic of azerbaijan administer justice according to the authority and principles of the present constitution until the present [new] constitution enters into force. within one year from the day of the adoption of the present constitution corresponding legislation on the status of judges, on the structure of court and court reform must be passed and judges of the republic of azerbaijan must be newly appointed. until the pertinent legislation is adopted the appointment of judges to the position and their removal are realized on the basis of legislation which is operative until the present [new] constitution enters into force. after the present constitution of the republic of azerbaijan has become operative, within one year a law of the republic of azerbaijan on the constitutional court of the republic of azerbaijan must be passed and the constitutional court of the republic of azerbaijan established. before the constitutional court of the republic of azerbaijan has been created the authority of the constitutional court of the republic of azerbaijan specified by the present constitution shall not be implemented. the matter specified in item 7 paragraph iii of article 130 of the present constitution is settled by the supreme court of the republic of azerbaijan. the highest court of arbitration of the republic of azerbaijan until the day the present constitution comes into force, shall be titled the economic court of the republic of azerbaijan and exercises the competence specified by legislation. preamble the algerian people are a free people; and they are resolved to remain so. stretching back over thousands of years, their history is marked by a progression of exertion and struggle that has turned algeria into an everlasting seedbed of freedom and a land of glory and dignity. ever since the numidian era and the islamic conquest, and up until the wars of liberation against colonialism, algeria has always known at the epic moments witnessed in the mediterranean basin how to find amongst her children pioneers of freedom, unity and progress, as well as builders of prosperous democratic states throughout the epochs of grandeur and peace. the 1st november 1954 was a turning point in determining her future and a tremendous crowning of a ferocious resistance during which she withstood the diverse onslaughts on her culture and values, as well as the fundamental constituents of her identity, namely islam, arabism and amazighism that the state has been relentlessly endeavouring to promote and develop each one of them; the roots of her current exertion in the various domains stretch back to the glorious past of her nation. the algerian people rallied round the national movement and subsequently the national liberation front, and made the ultimate sacrifice in order to assume their collective destiny under the banner of their recovered freedom and national cultural identity and to build their authentic people’s constitutional institutions. under the leadership of the national liberation front and the national liberation army, the algerian people crowned what their preeminent children made in terms of ultimate sacrifices during the people’s war of liberation with independence, and built a modern and fully sovereign state. the algerian people were determined to achieve a host of momentous victories marked by the reclaiming of national riches and the making of a state devoted exclusively to serving the masses, thus strengthening the legitimacy of the state that exercises its powers in the service of national independence and free of any foreign pressure. the algerian people’s resistance to violent attempts that threaten the unity and stability of the state has strengthened their adherence to the values of tolerance and peace. they decided, thanks to their unwavering belief and adherence to their unity, and in full sovereignty, to implement the peace and national reconciliation policy, which has yielded fruit that they are determined to preserve. the algerian people shall be determined to keep algeria immune from fitna, violence and all forms of extremism, including hate speech and all forms of discrimination, by establishing their spiritual and civilisational values which call for dialogue, reconciliation and fraternity within the framework of respect for the constitution and the laws of the republic. the algerian people express their eagerness to translate their aspirations in this constitution to profound social transformations to build a new algeria, which have been expressed peacefully since the launch of the popular movement on 22 february 2019, in full unity with its people’s national army. the algerian people have always been struggling for freedom and democracy and they are resolved to uphold their national sovereignty and independence. with this constitution, they are determined to establish a host of institutions based on the participation of every single algerian man and woman in conducting public affairs and the capacity to achieve social justice, equality and freedom for everyone within the framework of a democratic and republican state. the constitution aspires to be the appropriate framework for strengthening national ties and guaranteeing democratic freedoms for citizens. algeria expresses its commitment to work to prevent and combat corruption as enshrined in the african union convention on preventing and combating corruption of 11 july 2003, the united nations convention against corruption of 31 october 2003, and the arab convention to fight corruption of 21 december 2010. by approving this constitution, which is the manifestation of their proper genius, the reflection of their aspirations, the fruit of their determination and the outcome of the profound social mutations they have occasioned, the algerian people shall substantiate with full appreciation and resoluteness more than ever before the ascendancy of the law. the constitution stands above all; it shall be the fundamental law safeguarding the individual and collective rights and freedoms. it shall protect the principle of the people’s freedom of choice, lend legitimacy to the exercise of powers and consecrate the democratic alternation of power through free and fair elections. the constitution shall ensure the separation and balance of powers, the independence of the judiciary, legal protections, oversight of the work of public authorities, and legal security. the algerian people express their complete commitment to human rights as specified in the universal declaration of human rights of 10 december 1948, the international covenant on economic, social and cultural rights and the international covenant on civil and political rights (both issued on 16 december 1966), the african charter on human and peoples’ rights of 27 june 1981, and the arab charter on human rights of 23 may 2004. the algerian people shall remain committed to their choices in order to restrain class differences and abolish all aspects of regional disparities. they shall work towards building a productive and competitive economy within the framework of sustainable development and environmental protection. the people remain concerned with environmental degradation and the negative effects of climate change, and they are eager to ensure protection of the natural environment and the rational use of natural resources in order to preserve them for future generations. in recognition of the enormous energy they represent, the participation of the youth of algeria— with their aspirations and determination to rise to the political, economic, social, and cultural challenges—is necessary to build all this and to protect the interests of future generations and guarantee a quality education for them by the family and the school. the people’s national army, successor of the national liberation army, shall assume its constitutional duties with utmost commitment and valiant preparedness to sacrifice whenever national duty demands. the algerian people are proud of their national army and grateful for all the efforts it has exhausted to protect the country from any foreign threat and for its quintessential role in protecting the citizens, institutions and properties from the plague of terrorism; those efforts have contributed to strengthening the nationalistic bond and consecrating the spirit of solidarity between the people and their army. the state shall attend to the professionalism of the people’s national army and to its modernisation in the manner that enables it to acquire the requisite capabilities to preserve national independence, defend algeria’s national sovereignty, her unity and territorial integrity and protect her land, sea and air boundaries. armed with their deeply-ingrained spiritual values and loyal to their traditions of solidarity and justice, the people are confident in their ability to contribute effectively to the cultural, social and economic progress in the world of today and tomorrow. algeria, land of islam, an integral part of the great arab maghreb and an arab, mediterranean and african country is proud of her radiant revolution of november 1 and is honoured by the respect she has gained and known how to preserve owing to its commitment to all the just causes of the world. committed to peace, human rights, and growth, algeria’s foreign policy is directed toward strengthening its presence and influence on the international scene through partnerships based upon mutual interests that are totally concordant with algeria’s political, economic, social and cultural national choices, with full respect for the goals and organizing principles of the un, the african union, and the arab league. the pride of the algerian people, their sacrifices, sense of responsibility and inveterate adherence to freedom and social justice reflect the optimum guarantees of their respect for the principles of this constitution which they shall adopt and bequeath to the future generations, the successors of the pioneers of freedom and the founders of the free society. this preamble shall be part and parcel of this constitution. title i. the general principles governing the algerian society chapter i. algeria article 1 algeria shall be a people’s democratic republic. it shall be one and indivisible. art 2 islam shall be the religion of the state. art 3 arabic shall be the national and official language. arabic shall remain the official language of the state. a high council for the arabic language shall be established under the auspices of the president of the republic. the high council for the arabic language shall be assigned the special task of working towards the affluence of the arabic language, the generalisation of its use in scientific and technological fields and promoting the translation into it for this purpose. art 4 tamazight shall also be a national and an official language. the state shall endeavour to promote and develop it in all its linguistic varieties in use throughout the national territory. an algerian academy for the tamazight language shall be established under the authority of the president of the republic. it shall be supported by the work of the experts and assigned the task of providing the necessary requirements to develop the tamazight language in order to integrate it as an official language in the future. the modalities of implementing this article shall be stipulated by an organic law. art 5 the capital of the republic shall be algiers. art 6 the national emblem and the national anthem are conquests of the revolution of november 1, 1954. they shall be unalterable. these two symbols of the revolution, having become those of the republic, shall have the following features: the national emblem shall be green and white with a red star and crescent moon placed at the centre. the national anthem shall be "qassaman" with all its stanzas. the seal of the state shall be determined by law. chapter ii. the people art 7 the people shall be the source of all powers. national sovereignty shall belong exclusively to the people. art 8 the constituent power shall belong to the people. the people shall exercise their sovereignty through the institutions they establish. the people shall exercise this sovereignty by means of referenda and through their elected representatives. the president of the republic may have direct recourse to the expression of the will of the people. art 9 the people shall establish institutions with the objective of: safeguarding and consolidating national sovereignty and independence; safeguarding and consolidating the national identity and unity; protecting the basic freedoms of the citizens and the social and cultural flourishing of the nation; promoting social justice; eradicating regional disparities in the domain of development; encouraging the building of a diversified economy that appreciates all the country’s faculties, be they natural, human or scientific. protecting the national economy against all forms of misappropriation, speculation, bribery, illegal trading, abuse, unlawful acquisition and arbitrary confiscation. art 10 the institutions shall not indulge in: feudal, regionalist and nepotistic practices; establishing relations of exploitation and bonds of dependency; infringing the islamic morals and the values of the november revolution. art 11 the people shall be free to choose their representatives. the representation of the people shall have no restrictions save for those specified in the constitution and the electoral law. chapter iii. the state art 12 the state shall derive its legitimacy and raison d’être from the volition of the people. "by the people and for the people" shall be the motto of the state. the state shall exclusively be in the service of the people. art 13 the sovereignty of the state shall extend to its territory, airspace and territorial waters. the state shall also exercise its sovereign right, established by international law, over each of its different zones of maritime space belonging to it. art 14 it shall be emphatically prohibited to relinquish or forsake any part of the national territory. art 15 the state shall be founded on the principles of representational democracy, the separation of powers, and the guarantee of right, freedoms, and social justice. the elected assembly shall constitute the framework within which the people shall express their volition and monitor the action of public authorities. the state shall promote participatory democracy at the level of local authorities. art 16 the local authorities of the state shall be the municipality and the wilaya. the municipality shall be the basic authority. the law may confer a special system upon some municipalities. art 17 the relationships between the state and the local authorities shall be based on the principles of decentralization and deconcentration. art 18 the elected assembly shall epitomise the basis of decentralisation and the setting where citizens partake in running public affairs. art 19 public property shall be an asset of the national community. it shall encompass the subsoil, mines and quarries, natural energy sources, and the mineral, natural and living resources in the various areas of the national maritime properties, waters and forests. it shall also encompass the railways, maritime and air transports, the post and telecommunications, as well as all other assets stipulated by the law. art 20 the state shall strive to: guarantee a safe environment to protect individuals and achieve their well-being. improve bio-diversity and the guarantee of ongoing awareness of environmental risks. make rational use of water, fossil fuels, and other natural resources. protect the environment’s land, sea, and air dimensions and the implementation of all appropriate measures to suppress pollutants. art 21 the national domain shall be defined by the law. it shall comprise the public and private domains of the state, the wilaya and the municipality. the management of the national domain shall be in conformity with law. art 22 the organisation of foreign trade shall be the competency of the state. the law shall determine the stipulations pertaining to foreign trade practice and control. art 23 any combination between public offices and private activities or self-employment shall be prohibited. the creation of any public office or making any public tender whose goal is not in the public interest shall be prohibited. positions and tenures in the civil service shall not constitute a source of enrichment or a means to serve private interests. all public officials, in the context of performing their duties, shall avoid conflicts of interest. any person appointed to a senior government position, elected or appointed to parliament, or elected to a local council, shall disclose their assets before assuming office and at the end of their tenure. the modalities of implementing these provisions shall be stipulated by the law. art 24 in all cases, public authorities shall respect and apply good governance in public affairs and shall ensure adherence to the law and transparent regulations that do not contain provisions that lead to corruption. art 25 abuse of authority and influence-peddling shall be punishable by law. art 26 the administration serves the citizens. the impartiality of the administration shall be guaranteed by law. for requests requiring the issuance of an administrative decision, laws shall include a stipulation that the administration must return a reasoned response within a reasonable time. the administration shall deal impartially with the public within the framework of respecting legitimacy and shall provide service without delay. art 27 public facilities shall ensure equal service and non-discriminatory treatment to all clientele. public facilities shall be based on the principles of continuity, continuous adjustment, and equitable coverage of the national territory and, when necessary, shall guarantee a minimum level of service. public facilities shall operate in accordance with the standards of quality, efficiency, oversight, and accountability. art 28 the state shall be responsible for the security of people and properties. art 29 the state shall endeavour to protect the rights and the interests of its citizens abroad in compliance with international law, the conventions concluded with the host countries or countries of residence. the state shall attend to preserving the identity and dignity of its citizens residing abroad, consolidating their ties with the nation and mobilising their contribution to the development of their motherland. art 30 the consolidation and development of the nation’s defensive potential shall be regulated by the national people’s army. the national people’s army shall assume the permanent task of preserving national independence and defending national sovereignty. it shall also assume the task of protecting the unity of the country and the integrity of its land, as well as defending its land, airspace and the various zones of its maritime domain. art 31 algeria shall not resort to war to impinge on the legitimate sovereignty and the freedom of other peoples. she shall endeavour to settle international differences through peaceful means. within the framework of the united nations, the african union, and the arab league, and in full compliance with their principles and goals, algeria may participate in peace-keeping and restoration operations. art 32 algeria shall extend her solidarity to all the peoples struggling for political and economic liberation, for the right of self-determination and against all forms of racial discrimination. art 33 algeria shall work towards strengthening international cooperation and promoting amicable relations between the states on the basis of equality, mutual interest and non-interference in domestic affairs. she shall adopt the principles and objectives of the united nations’ charter. title ii. fundamental rights, public freedoms and duties chapter i. fundamental rights and public freedoms art 34 constitutional provisions regarding fundamental rights, public freedoms and guarantees apply to all public authorities and institutions. any restriction of rights, freedoms and guarantees may only be imposed by legislation and for reasons related to maintaining public order and security, as well as those necessary to vouchsafe other rights and freedoms protected by the constitution. in all cases, these restrictions shall not prejudice the essence of these rights and freedoms. in order to guarantee legal security, the state, in implementing legislation relating to rights and freedoms, shall ensure the readability, accessibility and the stability of legal texts. art 35 fundamental rights and freedoms are guaranteed by the state. the institutions of the republic shall seek to ensure equality of rights and duties of all citizens by removing the obstacles impeding the development of the human personality and preventing the effectual participation of all in the political, economic, social and cultural life. art 36 algerian nationality shall be defined by the law. the conditions for the acquisition and retention of the algerian nationality, its loss, or revocation shall be determined by law. art 37 all citizens shall be equal before the law and shall be guaranteed the right to equal protection. there shall be no pretext for discrimination on the basis of birth, race, gender, opinion, or any other personal or social condition or situation. art 38 the right to life is inherent to the human being and protected by the law, and no one shall be arbitrarily deprived of it. art 39 the inviolability of the human being shall not be infringed. any form of physical or moral violence or violation of dignity shall be prohibited and punishable by law. torture or cruel, inhuman, or degrading treatment, including human trafficking, shall be punishable by law. art 40 the state shall protect women from all forms of violence in all places and situations in the public, professional, and private spheres. the law shall guarantee victims access to shelter and care facilities, appropriate appeal methods, and free legal assistance. art 41 every person shall be presumed innocent until proven guilty by an ordinary jurisdiction in accordance with a fair trial that ensures all the requisite guarantees for his defence. art 42 underprivileged persons shall have access to legal aid. the law shall determine the conditions for the implementation of this provision. art 43 no person shall be held guilty except by virtue of a law duly promulgated before the perpetration of the incriminated act. art 44 no person shall be prosecuted, arrested or detained except in the cases determined by law and in accordance with the forms prescribed by it. any person arrested must be informed of the reasons for his arrest. provisional detention shall be an exceptional measure for which the reasons, period and conditions of its extension are defined by law. acts and facts of arbitrary arrest shall be punishable by law. art 45 detention pending a criminal investigation shall be subject to judicial control and shall not exceed forty-eight (48) hours. any person remanded in custody shall have the right to get in touch with his family immediately. any person remanded in custody shall be informed of his right to contact his lawyer. the exercise of this right may be restricted by the judge in exceptional circumstances specified by law. extended pre-charge detention shall only be effectuated as an exceptional measure in accordance with the conditions specified by law. when the term of custody expires an obligatory medical examination shall be carried out on the person on remand should he so requests; in any case, he shall be informed of this right. medical examination shall be mandatory for minors. the law shall determine the modalities of implementing this provision. art 46 any person who is the subject of arbitrary detention, arbitrary temporary confinement, or miscarriage of justice shall have the right to compensation. the law shall determine the conditions and modalities of the compensation. art 47 every person shall have the right to the protection of his honor and private life. every person shall have the right to the confidentiality of his correspondence and private communications in all their forms. the rights mentioned in the first and second paragraphs shall not be infringed except by reasonable order of the judicial authority. the protection of individuals when handling personal data shall be a fundamental right. the violation of these rights shall be punishable by law. art 48 the state shall guarantee the inviolability of the domicile. no search can be made, except in compliance with a law and in conformity with its provisions. a search may only be effectuated by virtue of a warrant issued by the competent judicial authority. art 49 every citizen enjoying all civil and political rights shall have the right to freely choose the place of residence and to move freely within the national territory. the right of entry and exit from the national territory shall be guaranteed. any restriction of these rights shall only be enforced for a specific period and by virtue of a reasonable decision by the judicial authority. art 50 any foreigner legally present in the national territory shall enjoy legal protection of his person and property. no person shall be extradited except in accordance with a ratified international agreement or under the extradition law. in no case shall a political refugee with a legal right to asylum be handed over or extradited. art 51 freedom of conscience and freedom of opinion shall be inviolable. freedom of worship shall be guaranteed and exercised without discrimination in compliance with the law. the state shall impartially guarantee the protection of places of worship. art 52 freedom of expression shall be guaranteed. freedom of association and public assembly shall be guaranteed upon obtaining a permit. the law shall determine the modalities for exercising these freedoms. art 53 the right to form associations shall be guaranteed upon obtaining a permit. an organic law shall determine the modalities for the establishing of associations. associations shall not be dissolved except by virtue of a judicial decision. art 54 freedom of the press, be it written, audiovisual, or on media networks, shall be guaranteed equally for all public and private media outlets. it shall not be restricted by any form of prior censorship. freedom of the press shall include in particular the following: freedom of expression and creativity of journalists and media collaborators the journalist’s right to access sources of information within the framework of respect for the laws in force the right to protection of the journalist and his professional confidentiality the right to publish and investigate upon obtaining a permit to do so the right to establish television and radio channels and websites and newspapers within the conditions specified by law the right to publish news, ideas, photos, and opinions within the legal framework while respecting the community’s heritage and religious, social, and cultural values this freedom shall not be exploited to infringe upon the dignity, liberty, and rights of others. the publication of discriminatory of hate speech shall be prohibited. press offences shall not incur a custodial sentence. art 55 the citizen shall have the right to access, acquire, and transmit information, documents and statistics. the exercise of this right shall not infringe on the private life and the rights of others, the legitimate interests of institutions, or the requirements of national security. the law shall determine the modalities for exercising this right. art 56 every citizen meeting the legal requirements shall have the right to vote and to be elected. art 57 the right to establish political parties shall be acknowledged and guaranteed. political parties may not be founded on a religious, linguistic, ethnic, gender, corporatist or regional basis. this right may not be invoked in order to undermine fundamental freedoms, the essential components of the national identity, national unity, the security and integrity of the national territory, the independence of the country, the sovereignty of the people, or the democratic and republican nature of the state. political parties may not have recourse to party propaganda based on the elements referred to in the previous paragraph. the state shall ensure equitable treatment of all political parties. all political parties shall be forbidden from having any form of affiliation with foreign interests or entities. no political party shall resort to violence or hatred of any type or form. an organic law shall determine the means of establishing political parties and may not include provisions that infringe upon the freedom to create them. the administration shall refrain from any practice that, by its nature, prevents the exercise of this right. art 58 in compliance with the provisions of the abovementioned article 57, the authorized political parties shall have the following particular rights: freedom of opinion, expression and assembly; airtime in public media outlets proportional to their representation at national level; public funding, if appropriate, based on their representation in parliament, as determined by the law; exercising power at local and national levels through democratic alternation in accordance with the provisions of this constitution. art 59 the state shall work towards promoting the political rights of women by increasing their chances of access to representation in elected assemblies. the modalities of implementing this article shall be determined by an organic law. art 60 private property shall be guaranteed. property shall not be expropriated except within the scope of the law and with equitable compensation. the right to inheritance shall be guaranteed. the holdings of the waqf and charitable organizations shall be acknowledged, and their allocations shall be protected by law. art 61 freedom of commerce and industry shall be guaranteed. the law shall determine which investments, by virtue of their strategic nature, necessitate that state hold the majority share or direct or indirect control. the law shall put in place appropriate mechanisms responsible for providing a sustained business climate and shall create procedures to achieve, manage, and liquidate investments transparently and efficiently in a way that ensures true and fair competition. art 62 the state shall regulate the market. the law shall determine the rules related to establishment, organization, and operation of regulatory authorities with respect for the principle of their independence. art 63 public authorities shall guarantee the protection, security, safety, health, and economic rights of the consumer. art 64 the right to obtain safe drinking water shall be guaranteed. the state shall ensure the rational usage and preservation of water for future generations. art 65 all persons shall have the right to healthcare. the state shall ensure the quality of treatment and the continuity of health services. the state shall be responsible for preventing and combating epidemic and endemic diseases and shall permanently improve living and working conditions. the state shall ensure the provision of treatment conditions for the indigent. the state shall ensure the promotion of physical education, sports, and entertainment. art 66 the state shall contribute to enabling citizens to find housing. the state shall work towards facilitating the access to housing for disadvantaged categories. art 67 citizens shall have the right to a healthy environment within a framework of sustainable growth. the state shall work towards preserving the environment. the law shall determine the obligations of natural and legal persons pertaining to the protection of the environment. art 68 the right to education shall be guaranteed. the state shall ensure the continued improvement of the quality of education. public education shall be free within the conditions fixed by law. primary education shall be compulsory. the state shall guarantee impartiality in educational institutions and shall uphold their pedagogical and academic quality. the state shall protect equal access to schooling and vocational training. art 69 all citizens shall have the right to work. this right is inseparable from the duty to work. the right to protection, security and hygiene at work shall be guaranteed by law. the right to rest shall be guaranteed. law shall determine the modalities of its exercise. the right to social security for workers shall be guaranteed by law. employment of children below the age of sixteen (16) shall be punishable by law. the state shall work towards promoting apprenticeship and putting in place the policies that support job creation. all forms of forced labor shall be prohibited. compulsory work shall be prohibited with the exception of cases decreed by law. the law shall define the conditions for exploiting people for the public interest. every worker shall have the right to a guaranteed minimum wage. art 70 all citizens shall have equal access to functions and employment in the state, without any conditions other than those stipulated by law. art 71 the state shall work towards promoting equity in terms of opportunities between men and women in the job market. the state shall encourage the promotion of women to positions of responsibility in public institutions and administrations, as well as in the enterprises. art 72 the right to belong to a trade union shall be acknowledged for all workers. the law shall guarantee the freedom to exercise this right. economic sector traders may organize within employer organizations within the legal framework. art 73 the right to strike shall be acknowledged. it shall be exercised within the framework of the law. the law may prohibit or restrict the exercise of the right to strike in the fields of national defense and security, or for services and public activities which are of vital interest to the community. art 74 the family shall enjoy the protection of the state and society. the family, society and the state shall protect the rights of children in the best interest of the child. the state shall take responsibility for abandoned or non-affiliated children. under penalty of prosecution, parents shall have the obligation to ensure the education of their children, and children shall have the duty to provide help and assistance to their parents. the law shall punish violence against and exploitation of children. art 75 the state shall ensure the provision of all institutional and material means to develop the capabilities of youth and stimulate their creative energies. the state shall encourage youth to participate in political life. the state shall protect youth from social ills. the law shall determine the conditions for application of this article. art 76 the state shall guarantee that the elderly and underprivileged groups with special needs enjoy all the recognized rights of citizens and shall integrate them into social life. the state shall guarantee the abovementioned individuals the right to obtain a minimum income in the event of chronic illness, incapacity to work, or the loss of family support. the law shall determine the conditions and modalities of applying these provisions. art 77 the living conditions of citizens below the legal working age and those who cannot work or can never work again shall be guaranteed by the state within a framework of respect for human dignity. art 78 freedom of intellectual creativity has artistic and scientific dimensions. this freedom may not be infringed except if it violates the dignity of individuals. the law shall protect the rights of intellectual creativity. these rights cannot constitute a hindrance to the use of works resulting from intellectual creativity when required by the public interest or to preserve the cultural and national heritage and develop education and scientific research. art 79 academic freedom and freedom of scientific research shall be guaranteed rights. the state shall work towards promoting and valorising scientific research to further the nation’s sustainable development. art 80 the right to culture shall be guaranteed for all citizens. each person shall have an equal right to culture. the state shall protect and work towards preserving the tangible and intangible national cultural heritage. art 81 each citizen shall have the right to submit to the public authorities, on his own or with others, petitions for the purpose of filing grievances in the public interest or with regards to behaviors that violate their fundamental rights. each petitioner shall have the right to be notified of the results of his inquiry within a reasonable time. chapter ii. duties art 82 ignorance of the law is no excuse. laws and regulations shall not be invoked until after published in official channels. every person shall respect the constitution and shall comply with the laws of the republic. art 83 every citizen shall assume the duty of protecting and safeguarding the country’s independence and sovereignty, the integrity of its national territory, the unity of its people and all the attributes of the state. treason, espionage, defection to the enemy, and all offences committed against the security of the state, shall be punished to the fullest extent of the law. art 84 every citizen shall faithfully undertake his obligations vis-à-vis the national community. the commitment of the citizen towards his mother country and the obligation to contribute to its defence shall be sacred and permanent duties. the state shall guarantee the respect for the symbols of the revolution, the memory of the shouhada’ and the dignity of their dependants and that of the mujahidin. the state, furthermore, shall endeavour to promote the writing of history and its teaching to the younger generations. art 85 all individual freedoms shall be exercised within the respect of the rights of others recognised by the constitution; in particular, the respect of the right to honour, privacy and the protection of the family, the youth and childhood. art 86 each person shall pay taxes according to his fiscal ability. all taxpayers shall be equal in respect of taxation. the law shall determine the cases and circumstances in which taxes may be waived in full or in part. any action to circumvent the principle of equality among taxpayers and persons, whether natural or legal, shall be considered an infringement of the interests of the national community and shall be punishable by law. the law shall punish tax evasion, tax fraud, and capital flight. no tax may be imposed except by reason of a law. no tax, contribution, excise, or right of any kind may be imposed with retroactive effect. art 87 the duty of every citizen is to protect public property and the interests of the national community and to respect the property of others. title iii. organisation and separation of powers chapter i. the president of the republic art 88 the president of the republic, head of state, shall embody the unity of the nation and shall guarantee the unity of the national territory. he shall protect and guarantee respect for the constitution. he shall embody the state within the country and abroad. he shall reserve the right to address the nation directly. art 89 the president of the republic shall be elected by universal, direct and secret suffrage. the election shall be won by an absolute majority of votes cast. the other terms of the presidential election shall be prescribed by an organic law. art 90 the president of the republic shall exercise the supreme magistracy within the limits defined by the constitution. art 91 to be eligible for the presidency of the republic, the candidate shall: not have acquired a foreign nationality; have, solely, the native algerian nationality and certify the native algerian nationality of the father and mother; be muslim; be forty (40) years old on election day; enjoy full civil and political rights; prove the exclusive native algerian nationality of the spouse; justify a permanent residence only in algeria for a minimum of ten (10) years preceding the submission of the candidacy; justify his participation in the revolution of 1 november 1954 for the candidates born befor july 1942; justify the non-involvement of the parents of the candidate born after july 1942, in hostile acts against the revolution of 1st november 1954; submit a public declaration of his movable and immovable property, both inside and outside algeria. other conditions shall be prescribed by an organic law. art 92 the presidential term shall be five (5) years. no one may serve more than two consecutive or discontinuous terms. in the event a presidential term is interrupted because of resignation or any other reason, the term is considered complete. art 93 the president of the republic shall take an oath before the people and in the presence of the high authorities of the nation, in the week following his election. he shall take office after being sworn in. art 94 the president of the republic shall take the oath in the following terms: ”in the name of allah the most merciful the most compassionate. faithful to the great sacrifices and to the memory of our martyrs as well as to the ideals of the eternal november revolution, i do solemnly swear by allah the almighty that i shall respect and glorify the islamic religion, defend the constitution, see to the continuity of the state and provide the necessary conditions for the normal functioning of the reinforcement of the democratic process, respect the free choice of the people as well as the institutions and laws of the republic, preserve public assets and funds, preserve the integrity of the national territory, the unity of the people and the nation, protect the freedoms and the fundamental human and citizen’s rights, work relentlessly towards the development and progress of the people and endeavour with all my strength to achieve the great ideals of justice, freedom and peace in the world. and allah is my witness”. art 95 in addition to the powers explicitly conferred upon him by other provisions of the constitution, the president of the republic shall have the following powers and prerogatives: he shall be the commander-in-chief of the armed forces of the republic; he shall be responsible for national defence; he shall decide to send army units abroad after ratification of the parliament by a 2/3 majority; he shall decide and conduct the foreign policy of the nation; he shall chair the council of ministers; he may appoint the prime minister and terminate his functions and may delegate to him some of his powers, except for those stipulated in article 97; he shall both appoint the head of the government and terminate his functions after consultation with the parliamentary majority; he shall hold regulatory authority; he shall sign the presidential decrees; he shall have the right to grant pardons, the right to remission or commutation of punishment; he may refer, on any issue of national importance, to the people by means of referendum; he shall summon the electorate; he shall conclude and ratify international treaties; he shall award decorations, distinctions and honorary titles of the state. art 96 the president of the republic shall appoint: to posts and mandates provided by the constitution; to civil and military posts of the state; to posts decided by the council of ministers; the first president of the supreme court; the president of the council of state; the president of the accountability council; the secretary general of the government; the governor of the bank of algeria; the judges; the officials of security organs; the walis; the directors of regulatory authorities. the president of the republic shall appoint and recall ambassadors and special envoys of the republic abroad. he shall receive the letters of credence and recall of foreign diplomatic representatives. in addition to the functions set out in paragraphs 4 and 5 above, an organic law shall determine the other judicial functions to which the president of the republic shall appoint. art 97 the president of the republic may not, in any case, delegate the power to appoint the head of the government, the members of the government as well as the presidents and members of constitutional institutions for which no other mode of designation is stipulated by the constitution. similarly, he may not delegate his power to call for referendum, dissolve the people’s national assembly, decide on anticipated legislative elections and implement the provisions of articles 91, 92, 105, 107-109, 111, 142, 144, 145 and 146 of the constitution. art 98 when the president of the republic, because of a serious and lasting illness, is totally unable to perform his functions, the constitutional court shall meet de jure and, after having verified the reality of the impediment by all appropriate means, it shall propose to parliament, by a three-fourths (3⁄4) majority of its members, to declare the state of impediment. parliament, convened in a joint session of both chambers, shall declare the state of impediment of the president of the republic, by a majority of two thirds (2/3) of its members. the appointed vice president shall be the acting head of state, for a maximum period of forty-five (45) days, and shall exercise his authorities in accordance with the provisions of article 104 of the constitution. if the impediment continues at the expiry of the period of forty-five (45) days, there shall be a declaration of vacancy by a resignation de jure, in pursuance to the procedure referred to in the paragraphs above and the provisions of the following paragraphs of this article. in case of resignation or death of the president of the republic, the constitutional court shall meet de jure and confirm the permanent vacancy of the presidency of the republic. it shall immediately communicate the act of declaration of permanent vacancy to parliament, which shall meet de jure. the vice president of the republic shall be the acting president of the state and shall undertake to the duties of the president of the republic for the reminder of the presidential term. he may not appoint a vice president. in the event the president of the council of the nation assumes the function of the acting head of state, he shall discharge his duties in this regard for a maximum period of ninety (90) days, during which presidential elections shall be organized. this period may be extended upon requesting an opinion from the constitutional court. the head of state so designated may not be a candidate for the presidency of the republic. in case of coincidence of the resignation or death of the president of the republic with the vacancy of the vice president of the republic, for any reason whatsoever, the constitutional court shall meet de jure and declare unanimously the permanent vacancy of the presidency of the republic and the incapacity of the vice president of the republic. in this case, the president of the council of the nation shall assume the function of the head of state, in pursuance to the terms provided in the preceding paragraphs of this article and article 104 of the constitution. if the position of president of the council of the nation is vacant, the president of the constitutional court shall assume the presidency of the state according to the conditions and procedures adopted above. art 99 if a candidacy for the presidential election has been validated by the constitutional court, the withdrawal can only occur in cases of serious impediment duly noted by the constitutional court or the death of the candidate concerned. if one of the two candidates for the second round withdraws, the electoral process shall continue without taking the withdrawal into account. in case of death or legal incapacity of one of the two candidates in the second round, the constitutional court shall declare that the whole electoral process must be held again. it shall extend, in this case, the period for the organisation of new elections for a maximum of sixty (60) days. when applying the provisions of this article, the president of the republic in office or who assumes the function of head of state shall remain in office until the president of the republic takes the oath. an organic law shall determine the conditions and modalities of implementation of these provisions. art 100 the government in office at the time of the impediment, death or resignation of the president of the republic cannot be dismissed or reshuffled until the new president of the republic undertakes his duties. if the head of the government in office becomes a candidate for the presidency of the republic, he shall resign de jure. the function of the head of the government shall be assumed by another member of the government appointed by the head of state. during the periods stipulated in articles 102 and 103 above, the provisions in paragraphs 7 and 8 of article 91 and articles 93, 142, 147, 154, 155, 208, 210 and 211 of the constitution may not be applied. during these same periods, the provisions of articles 105, 107, 108, 109 and 111 of the constitution cannot be implemented without the approval of parliament, convened in a joint session of both chambers. the constitutional court and the high council of security ought to be consulted beforehand. chapter ii. the government art 101 the government shall be composed of the head of government and the ministers. art 102 the president of the republic shall appoint the members of the government at the proposal of the head of government. art 103 the head of government shall develop an action plan and present it in the council of ministers. art 104 the head of government shall submit an action plan for the government to the people’s national assembly for its approval. the latter shall hold a public debate for this purpose. the head of government may, in light of this debate, adapt this action plan in consultation with the president of the republic. the head of government shall submit a statement regarding the government’s action plan to the council of the nation as approved by the people’s national assembly. in this regard, the council of the nation may adopt a resolution. art 105 in case of non-approval of the action plan of the government by the people’s national assembly, the head of government shall tender the resignation of the government to the president of the republic. the latter shall appoint a new prime minister pursuant to the same modalities. art 106 if the approval of the people’s national assembly is not obtained, the people’s national assembly shall be dissolved de jure. the government in office shall be kept in position in order to manage daily affairs until a new people’s national assembly is elected within a maximum period of three (3) months. art 107 the head of government shall execute and coordinate the action plan adopted by the people’s national assembly. art 108 the president of the republic may, after consultation with a majority of the parliament, appoint the head of government and charge him with drafting the parliamentary majority plan. in this case, the head of government shall present this plan to parliament for its approval in accordance with the conditions stipulated in paragraphs 1, 3, and 4 of article 104 and in articles 105 and 106. art 109 the head of government shall annually present to the people’s national assembly, a statement of general policy. the statement of general policy shall lead to a debate on government action. this debate may end up with a resolution. it can also lead to the filing of a motion of censure by the people’s national assembly in accordance with the provisions of articles 153, 154 and 155 below. the prime minister may ask the people’s national assembly for a vote of confidence. if the motion of confidence is not passed, the head of government shall tender the resignation of the government. in this case, the president of the republic may, before accepting the resignation, make use of the provisions of article 147 below. the head of government may also submit a statement of public policy to the council of the nation. art 110 in addition to the powers explicitly conferred upon him by other provisions of the constitution, the head of government shall exercise the following functions: he shall direct, coordinate, and oversee the operation of the government; he shall allocate the functions to the members of the government in accordance with the constitutional provisions; he shall implement the laws and regulations; he may delegate some of his powers to the ministers; he shall chair the meetings of the government; he shall sign the executive decrees; he shall appoint the state’s civil posts that do not fall within the president of the republic’s power of appointment; he shall ensure the good functioning of the public administration and public facilities. art 111 the head of government may tender to the president of the republic the resignation of the government. art 112 in case of urgent necessity, after convening the high council of security, and consulting the president of the council of the nation, the president of the people’s national assembly, the head of government, and the president of the constitutional court, the president of the republic shall decree the state of emergency or the state of siege, for a period of thirty (30) days, and take all necessary measures to restore the situation. the duration of the state of emergency or the state of siege can be extended only after approval of parliament, convened in joint session of both chambers. art 113 the organisation of the state of emergency and the state of siege shall be defined by an organic law. art 114 when the country is threatened by an imminent danger to its institutions, its independence or its territorial integrity, the president of the republic shall decree the state of exception for a period of sixty (60) days. such a measure shall be taken after consulting the president of the council of the nation, the president of the people’s national assembly and the president of the constitutional court, and after hearing the high council of security and the council of ministers. the state of exception shall empower the president of the republic to take exceptional measures that are fundamental to safeguarding the independence of the nation and the institutions of the republic. an address to the nation shall be made in this regard. parliament shall be convened de jure. upon termination of the 60-day period, the president of the republic shall present the decrees he issued during the state of exception to the constitutional court to receive the court’s opinion on these decrees. the state of exception may not be extended except with the joint approval of both chambers of parliament. the state of exception shall be terminated according to the same aforementioned forms and procedures that led to its proclamation. art 115 the president of the republic shall decree the general mobilization in the council of ministers after having heard the high council of security and having consulted with the president of the council of the nation and the president of the people’s national assembly. art 116 the president of the republic shall declare war in case of actual or imminent aggression, in accordance with the relevant provisions of the united nations charter, after having convened the council of ministers, having heard the high council of security and having consulted the president of the council of the nation, the president of the people’s national assembly and the president of the constitutional court. parliament shall be convened de jure. the president of the republic shall deliver a speech to inform the nation. art 117 during the period of the state of war, the constitution shall be suspended; the president of the republic shall assume all the powers. when the mandate of the president of the republic comes to expiry, it shall be extended de jure until the end of the war. in case the president of the republic resigns or dies or any other impediment, the vice president of the republic shall be entrusted as the head of state and within the same conditions as that of the president of the republic, all the prerogatives required by the state of war. in case there is a conjunction of the vacancy of the presidency of the republic and the position of vice president of the republic, the president of the council of the nation shall assume the functions of the head of state within the conditions provided for above. art 118 the president of the republic shall sign armistice agreements and peace treaties. he shall obtain the opinion of the constitutional court on the relevant agreements. he shall submit the agreements immediately to be approved explicitly by each chamber of parliament. chapter iii. the parliament art 119 the legislative power shall be exercised by a parliament, consisting of two chambers, the people’s national assembly and the council of the nation. parliament shall draft and vote the laws in a sovereign manner. art 120 parliament shall monitor the action of the government within the conditions defined by articles 94, 98, 151 and 152 of the constitution. the monitoring, prescribed in articles 153 to 155 of the constitution, shall be carried out by the people’s national assembly. art 121 the parliamentary opposition shall have rights enabling effective participation in parliamentary activities and in political life, including: the freedom of opinion, expression and assembly; the benefit of financial aid granted to the elected members of parliament; the effective participation in legislative activities and oversight of government activity; representation that ensures it has active participation in the organs of both chambers of parliament, especially the presidency of the rotating committees; the referral to the constitutional court in accordance with the provisions of article 187 (paragraphs 2 and 3) of the constitution, concerning the laws passed by parliament; the participation in parliamentary diplomacy. each chamber of parliament shall devote a monthly session to discuss an agenda presented by one or some parliamentary groups of the opposition. the modalities of application of this article shall be described in the rules of procedure of each chamber of parliament. art 122 parliament shall, within its constitutional prerogatives, remain faithful to the trust of the people and be permanently aware of their aspirations. art 123 the deputy or the member of the council of the nation shall be fully devoted to fulfilling his mandate. the rules of procedure of the people’s national assembly and the council of the nation shall contain provisions on the obligation of effective participation of their members in the works of the committees and plenary sessions, under penalty of sanctions applicable in case of absence. both chambers of parliament shall vote on laws and regulations with the attendance of a majority of their members. art 124 the government may request parliamentary approval of draft laws according to expedited approval as specified in the organic law on regulating the work of public authorities. art 125 the elected member of the people’s national assembly or the council of the nation, affiliated to a political party, who would voluntarily change the affiliation under the aegis of which he was elected, shall forfeit his electoral mandate as of right. the constitutional court notified by the president of the relevant chamber shall declare the vacancy of seat. the law shall define the modalities of his replacement. the deputy, who has resigned from his party or has been excluded, shall retain his mandate as an unaffiliated member of parliament. art 126 the members of the people’s national assembly shall be elected by universal, direct and secret suffrage. two-thirds (2/3) of the members of the council of the nation shall be elected by indirect and secret suffrage, with two seats per wilaya, among members of the people’s communal assemblies and members of the people’s wilaya assemblies. one-third (1/3) of the members of the council of the nation shall be appointed by the president of the republic among national personalities and qualified experts from scientific, professional, economic, and social fields. art 127 the people’s national assembly shall be elected for a period of five (5) years. the mandate of the council of the nation shall be limited to six (6) years. half the members of the council of the nation shall be renewed every three (3) years. the mandate of parliament cannot be extended unless there are very exceptional circumstances which hinder the normal course of elections. this situation shall be ascertained by a decision of parliament, convened in a joint session of both chambers, at the suggestion of the president of the republic and having consulted the constitutional court. no one may serve more than two continuous or discontinuous terms in parliament. art 128 the modalities of the election of deputies and those relating to the election or designation of members of the council of the nation, the conditions of eligibility, the clauses of ineligibility and incompatibility as well as the system of parliamentary allowances shall be defined by an organic law. art 129 the validation of the mandate of the deputies and that of the members of the council of the nation shall be within the respective competence of each of the two chambers. art 130 the mandate of the deputy and the member of the council of the nation shall be national. it can be renewed and not concurrent with other mandate or function. art 131 the deputy or the member of the council of the nation who does not fulfil or no longer meets the requirements of his eligibility shall incur the forfeiture of his mandate. this forfeiture shall be decided, as appropriate, by the people’s national assembly or the council of the nation by the majority of their members. art 132 the deputy or the member of the council of the nation shall be accountable to his peers who can revoke his mandate if he commits an act unworthy of his function. the rules of procedure of each of the two chambers shall define the conditions of dismissing a deputy or a member of the council of the nation. the dismissal shall be decided, as appropriate, by the people’s national assembly or the council of the nation, by the majority of its members without prejudice to any other common law proceedings. art 133 the conditions by which parliament accepts the resignation of one of its members shall be defined by an organic law. art 134 members of parliament shall be granted immunity for any actions related to their duties as specified in the constitution. art 135 members of parliament may be the subject of litigation for any actions unrelated to their parliamentary duties after the member’s express waiver of his immunity or after a decision to lift immunity in accordance with conditions specified by law. art 136 in case of flagrant offence or flagrant crime, the deputy or the member of the council of the nation may be arrested. the bureau of the people’s national assembly or of the council of the nation, depending on the case, shall be informed immediately. the informed bureau may request the suspension of lawsuits and the release of the deputy or the member of the council of the nation; then, it shall be proceeded according to the abovementioned provisions of article 127. art 137 an organic law shall define the conditions pertaining to the replacement of a deputy or a member of the council of the nation in case his seat becomes vacant. art 138 the term of the legislature shall start de jure on the fifteenth (15th) day following the date of announcement of the results by the constitutional court, under the chairmanship of the oldest member of the people’s national assembly, assisted by the two youngest deputies. the people’s national assembly shall elect its bureau and form its committees. the abovementioned provisions shall apply to the council of the nation. art 139 the president of the people’s national assembly shall be elected for the term of the legislature. the president of the council of the nation shall be elected after each partial renewal of the composition of the council. art 140 the organisation and functioning of the people’s national assembly and the council of the nation, as well as the functional relations between the chambers of parliament and the government shall be defined by an organic law. the budget of the two chambers shall be determined by law. the people’s national assembly and the council of the nation shall draft and adopt their rules of procedure. art 141 the sessions of parliament shall be public. the proceedings shall be recorded in a book and published in accordance with the conditions defined by an organic law. the people’s national assembly and the council of the nation may sit in camera upon a request made by their presidents, by the majority of their members present or by the head of government. art 142 the people’s national assembly and the council of the nation shall set up standing committees within the framework of their rules of procedure. each standing committee at each chamber may establish a temporary fact-finding mission on a specific topic or situation. the rules of procedure of each chamber shall define the provisions governing the fact-finding mission. art 143 parliament shall meet in one ordinary session each year, for a minimum period of ten (10) months. this session shall begin on the second working day of the month of september and shall end on the last working day of the month of june. so as to complete the ongoing review of an item on the agenda, the head of government may request an extension of the ordinary session for few days. parliament may be convened in extraordinary session on the initiative of the president of the republic. it may also be summoned by the president of the republic at the request of the head of government or at the request of two-thirds (2/3) of the members of the people’s national assembly. the closure of the extraordinary session shall take place after parliament has completed the agenda for which it was convened. art 144 parliament shall legislate on the subject matters assigned to it by the constitution as well as in the following fields: the fundamental rights and duties of individuals, particularly the legal regime of public freedoms, the safeguarding of individual freedoms, and the duties of the citizens; the general rules pertaining to personal status and family law and particularly to marriage, divorce, filiation, legal capacity and inheritance; the conditions of settlement for individuals; basic legislation concerning nationality; general rules pertaining to the status of foreigners; rules concerning the creation of jurisdictions; general rules of criminal law and criminal procedure and particularly the determination of crimes and offences, the institution of the corresponding penalties of any kind, amnesty, extradition and the penitentiary regime; the general rules of civil and administrative procedure and the enforcement procedures; the system of civil and commercial obligations and property; the general rules related to public tenders; the territorial division of the country; the vote on the finance law; the introduction of the tax base and tax rates, contributions, duties and fees of every kind; the customs system; the general regulations concerning the issuing of money, the banking regime, credit and insurance; general rules relating to education and scientific research; general rules relating to public health and population; general rules relating to labour law, social security and the right to organise; general rules relating to the environment, living conditions, and town and country planning; general rules relating to the protection of the fauna and flora; protection and preservation of cultural and historical heritage; general regulation for forests and pasture lands; general water system; general system for mines and hydrocarbons; land tenure; the fundamental guarantees granted to public officials and the general statute of public service; the general rules pertaining to national defence and the mobilisation of the armed forces by civil authorities; the rules governing the transfer of property from the public to the private sector; the establishment of categories of legal entities; the creation of decorations, distinctions and honorific titles of the state. art 145 in addition to the domains earmarked by the constitution for regulation by organic law, the following domains shall be subject to regulation by organic law: the organisation and functioning of public authorities; the electoral system; law on political parties; law on information; the status of the magistracy and the judicial organisation; the framework law on finance laws. the organic law shall be adopted by an absolute majority of the deputies and the members of the council of the nation. it shall be submitted to the constitutional court to ascertain its conformity prior to its promulgation. art 146 in case the people’s national assembly is in recess during the time periods specified in article 156, the president of the republic may legislate on urgent matters by ordinance, after consultation with the council of state. the president of the republic shall submit the texts he adopts for ratification to each of the chambers of parliament within a month of the beginning of its first session. ordinances not adopted by parliament, or not presented to parliament for approval according to the time periods stipulated above, shall be null and void. in case of a state of emergency defined in article 107 of the constitution, the president of the republic may legislate by ordinances. the ordinances shall be passed in the council of ministers. art 147 the head of government, deputies and members of the council of the nation shall have the right to initiate laws. to be admissible, the proposed laws shall be introduced by fifteen (15) deputies or fifteen (15) members of the council of the nation in the matters stipulated in article 137 below. draft laws shall be presented in the council of ministers, following the opinion of the council of state, and then submitted by the head of government, as applicable, to the bureau of the people’s national assembly or that of the council of the nation. art 148 the draft laws relating to the local organisation, the territorial planning and division shall be submitted to the bureau of the council of the nation. except for the cases listed in the paragraph above, all other draft laws shall be filed with the bureau of the people’s national assembly. as necessary, the applicable draft regulatory texts shall be attached to draft bills when they are recorded on the session’s agenda. art 149 subject to the provisions of paragraph 1 of article 137 above, any proposed or draft law, to be adopted, shall be debated successively by the people’s national assembly and the council of the nation. the discussion of the draft laws by the people’s national assembly shall deal with the text presented to it by the head of government or the text adopted by the council of the nation in the matters stipulated in article 137 above. the government shall submit to one of the two chambers the text voted by the other chamber. each chamber shall debate the text voted by the other chamber and adopt it. in all cases, the council of the nation shall adopt the text voted by the people’s national assembly, by a majority of its members present for the draft ordinary laws, or by an absolute majority for the draft organic laws. should a disagreement between the two chambers arise, the head of government shall request the meeting, within a maximum of fifteen (15) days, of a joint committee, composed equally of members of both chambers, to propose a text pertaining to the disputed provisions. the joint committee shall complete its deliberations within a maximum of fifteen (15) days. this text shall be submitted by the government for approval to the two chambers. no amendment is admissible, except with the consent of the government. should the disagreement between the two chambers persist, the government may request the people’s national assembly to give a final decision. in this case, the people’s national assembly shall resume the text drafted by the joint committee or, if not, the last text it has voted. if the government does not notify the people’s national assembly in accordance with the preceding paragraph, the text shall be withdrawn. art 150 parliament shall adopt the finance law within a maximum period of seventy-five (75) days, as from the date of its submission, in accordance with the preceding paragraphs. should it not be adopted within the indicated period, the president of the republic shall promulgate the draft law of the government by ordinance. the other procedures shall be defined by the organic law referred to in article 132 of the constitution. art 151 any law or amendment submitted by members of parliament that has the purpose or effect of decreasing public resources or increasing public expenditure shall be inadmissible unless it is accompanied by measures which seek to increase the revenues of the state or to achieve savings at least equal in size on other items of public expenditure. art 152 matters other than those earmarked for statutory legislation shall fall within the regulatory power of the president of the republic. the implementation of the laws shall be a matter for the regulatory field of the prime minister. art 153 the law shall be promulgated by the president of the republic within thirty (30) days of the date of its transmittal. however, when a law has been submitted to the constitutional court prior to its promulgation by one of the authorities referred to in article 187 below, this time limit shall be suspended until the constitutional court gives its ruling according to the conditions specified in article 189 below. art 154 the president of the republic may request a second reading of a law voted by parliament within thirty (30) days following its adoption. in that case, a majority of two-thirds (2/3) of the deputies of the people’s national assembly and members of the council of the nation shall be required for the adoption of the law. art 155 the president of the republic may communicate a message to parliament. art 156 after consulting the president of the council of the nation, the president of the people’s national assembly, the president of the constitutional court and the head of government, the president of the republic may decide on the dissolution of the people’s national assembly or on anticipated legislative elections. in both cases, legislative elections shall take place within a maximum limit of three (3) months, and, if they are not able to be organized by this time, the time period may be extended after consultation with the constitutional court. art 157 upon request of the president of the republic or one of the presidents of one of the two chambers, parliament may initiate a debate on foreign policy. this debate shall be concluded, if need be, with a resolution of parliament meeting in joint session of the two chambers, which shall be communicated to the president of the republic. art 158 armistice agreements, treaties of peace, alliance and union, treaties relating to the borders of the state as well as treaties concerning the status of persons and those which involve expenditures unforeseen in the budget of the state, bilateral and multilateral agreements pertaining to free trade zones and economic associations and integrations shall be ratified by the president of the republic after explicit approval by each of the two chambers of parliament. art 159 the treaties ratified by the president of the republic in the conditions specified by the constitution shall prevail over acts of parliament. art 160 the government shall submit the necessary data and documents requested by parliament when exercising its oversight duties. art 161 the government shall give an account to each parliament chamber on the use of budgetary funds for which it has voted on each budgetary period. the financial year shall be closed, as far as parliament is concerned, by the vote of each chamber for an act pertaining to settling the balance sheet of the year under consideration. art 162 the parliamentary committees may hear from the members of the government on all questions related to the public interest. art 163 members of parliament may address orally or in written form any question to any member of the government. the written question shall receive a reply in the same form within a maximum period of thirty (30) days. the response to oral questions shall not exceed thirty (30) days. the people’s national assembly and the council of the nation shall hold, alternatively, a weekly session dedicated to the responses of the government to oral questions raised by deputies and members of the council of the nation. if one of the two chambers believes that the oral or written response from a member of the government warrants a debate, this latter shall be ensued in the conditions specified in the rules of procedure of the people’s national assembly and the council of the nation. the questions and answers are published in accordance with the same conditions as per the records of the parliamentary debates. art 164 each of the two chambers of parliament may, at any time, establish, within the framework of its powers, a commission of inquiry on any matter of public interest. art 165 members of parliament may demand from the government explanations related to issues of national importance and the status of law enforcement. the reply shall be given within a maximum limit of thirty (30) days. art 166 during the debate on general policy statement or following interpellation, the people’s national assembly can hold the government to account by voting a motion of censure. such a motion shall be rejected unless it is signed by at least a seventh (1/7) of the number of deputies. art 167 the motion of censure shall be approved by a majority vote of two-thirds (2/3) of the deputies. the vote may only take place three (3) days after the tabling of the motion of censure. art 168 when the motion of censure is approved by the people’s national assembly, the head of government shall tender the resignation of the government to the president of the republic. chapter iv. the judicial power art 169 the judicial power shall be independent. the president of the republic shall be the guarantor of the independence of the judiciary. the judicial power shall enjoy independence when exercising its judicial powers. art 170 the judicial power shall protect society, freedoms, and fundamental rights. art 171 the judicial power shall be founded on the principles of legality and equality. the judicial power is available to all. art 172 justice shall be rendered in the name of the people. art 173 criminal sanctions shall conform to the principles of legality and personality. the law shall guarantee the two-stage procedure in criminal matters and determine the modalities of its implementation. art 174 the judiciary shall rule on appeals brought against decisions of the administrative authorities. art 175 judicial decisions and orders shall be reasoned. judicial decisions shall be pronounced in public hearings. art 176 the judiciary may be assisted in exercising its judicial function by people’s assessors under conditions specified by law. art 177 in exercising their functions, judges shall apply ratified treaties, the law of the republic, and the decisions of the constitutional court. art 178 the sitting judge shall be irremovable. the judge shall not be transferred, removed, stopped from working, excused, or imposed with disciplinary sanctions, except in cases where guarantees specified by law are applied and by a reasoned decision of the high council of magistracy. the judge shall notify the high council of magistracy if he is exposed to any interference with his independence. an organic law shall determine the modalities of implementing this article. art 179 judges shall guard against any infringement of their independence and impartiality. a judge shall be held accountable to the high council of magistracy in the forms specified by law for the manner in which he fulfils his duty. art 180 the law shall protect the litigant against any abuse perpetrated by the judge. art 181 the right to defence shall be acknowledged. it shall be guaranteed in criminal matters. art 182 the lawyer shall be granted legal guarantees that ensure his protection against any form of pressure and allow him to exercise his profession within the framework of the law. art 183 the litigant shall have the right to seek his rights from the judicial authorities and to have legal representation in all judicial proceedings. art 184 all relevant government entities shall, always and everywhere and in all circumstances, implement judicial rulings. the law shall prosecute and punish whomever violates the independence of the judge or obstructs the proper course of justice and the implementation of its final rulings. art 185 the supreme court shall be the organ regulating the activity of the courts and tribunals. the council of state shall act as an organ regulating the activity of the administrative courts. the supreme court and the council of state shall ensure the standardisation of jurisprudence across the country and shall oversee the adherence to the law. the court of jurisdictional conflicts shall determine the conflicts of jurisdiction between ordinary courts and administrative courts. art 186 the organisation, functioning and other powers of the supreme court, the council of state and the court of jurisdictional conflicts shall be determined by an organic law. art 187 the high council of magistracy shall be chaired by the president of the republic. the high council of magistracy shall enjoy administrative and financial independence. the president of the republic shall preside over the high council of magistracy. the high council of magistracy shall consist of: the president of the supreme court; the president of the council of state; fifteen (15) judges elected by their colleagues in the following distribution: three (3) judges from the supreme court, including two (2) trial judges and one (1) from the public prosecution; three (3) judges from the council of state, including two (2) trial judges and one (1) governor of the state; three (3) judges from judicial councils, including two (2) trial judges and one (1) from the public prosecution; three (3) judges from administrative judicial authorities other than the council of state, including two (2) trial judges and one (1) governor of the state; three (3) judges from courts subject to the normal judicial system, including two (2) trial judges and one (1) from the public prosecution; two (2) representatives of the judicial syndicate; six (6) individuals selected on the basis of their competence outside the judicial profession, including two (2) selected by the president of the republic, two (2) selected by the president of the people’s national assembly (not to be members of the assembly), and two (2) selected by the president of the council of the nation (not to be members of the council); the president of the national council for human rights. art 188 the high council of magistracy shall determine, in the conditions determined by law, the appointments, transfers, and career development of the judges. appointments to various judicial posts shall be by presidential decree based on the proposal of the high council of magistracy. it shall oversee the respect for the provisions on the status of the magistracy and the observance of discipline by the magistrates under the chairmanship of the president of the supreme court. art 189 the high council of magistracy shall provide a consultative opinion to the president of the republic prior to exercising the power to pardon. art 190 the method of electing members, composition, functioning and other attributions of the high council of magistracy shall be determined by an organic law. the high council of magistracy shall be granted administrative and financial autonomy. the organic law shall determine its modalities. art 191 a high court of state shall be established to review acts which can be qualified as high treason by the president of the republic, and crimes and offences by the head of government, perpetrated as they exercise their functions. the composition, organisation and functioning of the high court of state, as well as the applicable procedures, shall be established by an organic law. title iv. oversight institutions art 192 the institutions and organs of control shall have the task of verifying the conformity of the legislative and executive action(s) with the constitution and of verifying the conditions of the use and management of material means and public funds. chapter i. the constitutional court art 193 the constitutional court is an independent institution in charge of ensuring the observance of the constitution. the constitutional court shall regulate the conduct of institutions and the activities of public authorities. the constitutional court shall have administrative and financial autonomy. the constitutional court shall determine its rules of operation. art 194 the constitutional court shall consist of twelve (12) members: four(4) members appointed by the president of the republic, including the president of the court; two (2) elected by the supreme court and two (2) elected by the council of state; two (2) appointed by the president of the people’s national assembly and two (2) appointed by the president of the council of the nation, who do not have a parliamentary capacity nor membership in a political party. art 195 the elected or appointed members of the constitutional court shall: be aged forty (40) on the day of their appointment or election; enjoy civil and political rights and must not have been convicted of a crime against honor; have no less than fifteen (15) years’ of legal experience in higher education at the rank of professor, in magistracy, as a lawyer at the supreme court or the council of state, or in a high state office. as soon as they are elected or appointed, the members of the constitutional court shall cease any other practice, membership, function, mandate, assignment, activity, or liberal profession. art 196 the president of the republic shall appoint the president and vice-president of the constitutional court for a single six-year (6) term. the other members of the constitutional court shall serve a single term of six (6) years; half (1/2) of the membership of the court shall be renewed every four (3) years. art 197 the members of the constitutional court shall enjoy immunity in any matter related to the exercise of their functions. the members of the constitutional court shall not be subject to legal prosecution for matters not related to the discharge of their functions except by express waiver of immunity or by authorization from the constitutional court. the rules of procedures of the constitutional court shall determine how immunity is lifted. art 198 aside from the other functions which are expressly conferred upon it by other provisions of the constitution, the constitutional court shall issue a binding opinion on the constitutionality of treaties, laws, decrees, and regulations. the constitutional court may advise on the constitutionality of treaties prior to ratification or laws prior to passage. the constitutional court may advise on the constitutionality of decrees and regulations within a month of the date of their publication. the constitutional court shall issue a binding opinion on whether laws and regulations conform with treaties, within the conditions specified respectively in paragraphs 2 and 3. the constitutional court de jure shall advise the president of the republic of the constitutionality of organic laws after their adoption by parliament, and the court shall issue a binding opinion on entire text. the constitutional court shall also rule on the constitutionality of the rules of procedure of each chamber of parliament, according to the procedures specified in the preceding paragraph. art 199 the authorities specified in article 201 may notify the constitutional court of conflicts that may arise among the constitutional powers. these authorities may notify the constitutional court of an interpretation of a constitutional provision or provisions, and the constitutional court shall declare an opinion in this regard. art 200 the constitutional court shall review, in their substance, the appeals it receives on the provisional results of presidential and legislative elections and referenda and shall announce the final results of all these processes. art 201 the constitutional court shall be referred to by the president of the republic, the president of the council of the nation, the president of the people’s national assembly or the head of the government. it may also be referred to by forty (40) deputies or twenty-five (25) members of the council of the nation. the practice of referral to the constitutional court specified in the two preceding paragraphs shall not apply to a referral on the exception of unconstitutionality as stipulated in article 188 below. art 202 the constitutional court may be referred to with regard to an exception of unconstitutionality pursuant to a request by the supreme court or the council of state when one of the parties in a trial claims before the jurisdiction that the legislative or regulatory provision upon which the issue of litigation relies may adversely affect the rights and freedoms granted by the constitution. art 203 the constitutional court shall issue opinions by majority vote. in the case of a tie vote, the president shall cast the deciding vote. opinions regarding the regulation of organic laws are rendered by an absolute majority of votes. art 204 the procedures and modalities for referral to the constitutional court shall be determined by an organic law. art 205 the constitutional court shall deliberate in camera and give its opinion or decision within thirty (30) days after a matter has been submitted to it. in an emergency situation, and upon request from the president of the republic, the deadline shall be shortened to ten (10) days. when the constitutional court is summoned to rule on the basis of article 188 above, it shall deliver a decision within the four (4) months following the referral date. this deadline might be extended only once for no more than four (4) months, pursuant to a reasoned decision of the court notified to the jurisdiction that has requested the referral. art 206 when the constitutional court rules that a treaty, agreement or convention is unconstitutional, it shall not be ratified. art 207 if the constitutional court rules that a law is unconstitutional, the law shall not be passed. if the constitutional court rules that a legislative or regulatory provision is unconstitutional, this text shall lose its effect beginning on the day the court’s decision is issued. if the constitutional court rules that a legislative or regulatory text is unconstitutional based on article 188 above, this text shall lose its effect beginning on the day determined by the constitutional court’s decision. the opinions and decisions of the constitutional council shall be irrevocable and binding upon all public, administrative, and judicial authorities. chapter ii. the accountability council art 208 the accountability council shall be the supreme oversight agency over public assets and funds. it shall be in charge of the post control of the finances of the state, the territorial communities and public services as well as the state’s merchant capital. the accountability council shall be an independent agency that contributes to the development of good governance and transparency in the management of public finances and the filing of accounts. the accountability council shall prepare an annual report which it shall submit to the president of the republic, who shall publish it, as well as the president of the council of the nation, the president of the people’s national assembly and the head of government. the president of the republic shall appoint the president of the accountability council to a term of five (5) years that may be renewed once. the organic law shall determine the organisation and functions of the accountability council and the sanctions [illegible] basic law for its members. chapter iii. national independent election authority art 209 a national independent election authority shall be established. the national independent election authority shall enjoy legal personhood and administrative and financial independence. art 210 the national independent election authority shall have the task of preparing, organizing, conducting, and monitoring presidential, legislative, and local elections and referenda. the national independent election authority shall exercise its duties over the electoral registration list operations and their review, [illegible] preparation of the electoral process, voting processes, counting and settling electoral disputes according to the law in force. the national independent election authority shall exercise its duties from the date the electorate is convened until the provisional poll results are declared. the national independent election authority shall exercise its duties with transparency, neutrality, and impartiality. art 211 relevant public authorities shall provide all necessary assistance to the national independent election authority and provide it will all data and documents it considers necessary to carry out its tasks. art 212 the national independent election authority shall be composed of university professors, judges, national capabilities and competencies [illegible] to civil society, and representatives of the algerian diaspora abroad. an organic law related to the electoral system shall determine the modalities and conditions for the organization and work of the national independent election authority. art 213 the national independent election authority shall have representation at the level of the wilaya and the municipality, as well as at diplomatic missions and consulates. art 214 the president of the national independent election authority shall be elected by a majority vote of his peers during its first meeting. in case of a tie, the older of the two candidates shall be the winner. the president of the republic shall appoint the elected president of the national independent election authority. an organic law related to the electoral system shall determine and modalities of choosing the other members. the president of the republic shall appoint the members of the national independent election authority to a single, non-renewable term of six (6) years. one half of the members of the national independent election authority shall be renewed every three (3) years. chapter iv. the high authority for transparency and to prevent and combat corruption art 215 a high authority for transparency and to prevent and combat corruption shall be established. it shall be an independent agency. it shall enjoy administrative and financial independence. art 216 the high authority shall be concerned with the following tasks: develop and enable the implementation of a national strategy for transparency and to prevent and combat corruption; gather, process, and report relevant data; receive disclosures of private assets from individuals specified by law; receive notifications of conflicts of interest and cases of combining posts. notify the relevant authorities as necessary. an organic law shall determine the modalities of implementing this article. title v. advisory institutions art 217 a high islamic council shall be established under the auspices of the president of the republic in order to: encourage and promote ijtihad; provide its opinion on matters submitted to it with regard to the shari’ah rules; submit a periodic report on its activity to the president of the republic. art 218 the high islamic council shall be composed of fifteen (15) members, including the president, who shall be nominated by the president of the republic among the national elites in various sciences. art 219 a high council of security shall be established under the chairmanship of the president of the republic. this organ shall have the task of providing counsel to the president of the republic on all issues relating to national security. the modalities of the organisation and functioning of the high council of security shall be determined by the president of the republic. art 220 the national social, economic, and environmental council, hereinafter referred to as “the council,” shall represent a framework for dialogue, consultation and proposals in the economic, social, and environmental fields. it shall be the advisor of the government. art 221 the council shall be in charge of: providing a framework for the participation of civil society in the national consultations on policies related to social, economic, and environmental growth in the framework of sustainable development; ensuring a constant dialogue and consultation between the national economic and social partners; evaluating and addressing the issues of national interest in the economic, social, environmental, educational, vocational, and higher education fields; preparing proposals and recommendations for the government. art 222 a national council of human rights, hereinafter referred to as “the council,” shall be established under the authority of the president of the republic in his quality as guarantor of the constitution. it shall be granted administrative and financial autonomy. art 223 the council shall carry out the function of monitoring and providing early warnings and evaluation in terms of respecting human rights. without undermining the functions of the judiciary power, the council shall consider any case of violation of human rights it becomes aware of or is brought to its attention, and it shall proceed with the appropriate action. it shall submit the results of its investigation to the concerned administrative authorities and, if necessary, to the competent judicial authorities. the council shall initiate awareness-raising actions, information and communication to promote human rights. it shall also give its opinions, suggestions and recommendations in relation to the promotion and protection of human rights. the council shall prepare an annual report to submit to the president of the republic, parliament and the prime minister, and publish it. the composition and the modalities of nominating the members of the council as well as the rules related to its organisation and functioning shall be determined by law. art 224 a high council of youth shall be established as a consultative institution under the auspices of the president of the republic. the council shall include representatives of the youth, the government and the public institutions in charge of youth issues. art 225 the high council of youth shall express its opinions and recommendations on issues related to the needs of the youth as well as their prosperousness in economic, social, cultural and sporting fields. the council shall contribute as well to the promotion, among the youth, of the national values, the patriotic conscience, the civil spirit and social solidarity. art 226 a national council for scientific research and technology shall be established, hereinafter referred to as “the council.” art 227 the council shall be in charge of: promoting national research in the field of technological and scientific innovation; proposing measures fostering the development of national capacities in terms of research and development; evaluating the efficiency of the national arrangements for the valorisation of the outcome of research for the benefit of the national economy within the framework of sustainable development. the council shall be chaired by a recognised national competence nominated by the president of the republic. the other tasks, organisation, and composition of the council shall be determined by law. art 228 an algerian academy for science and technology shall be established. the academy shall be an independent constitutional institution of a scientific and technological nature. it shall enjoy artificial personhood and financial independence. the formation, organization, operation, and tasks of the academy shall be determined by law. art 229 either the law or regulation may establish advisory bodies according to the case. title vi. constitutional amendment art 230 the constitutional amendment shall be decided on the initiative of the president of the republic. it shall be voted in identical terms by the people’s national assembly and the council of the nation in the same conditions as a legislative text. it shall be submitted by referendum to the approval of the people within fifty (50) days of its adoption. the constitutional amendment, approved by the people, shall be promulgated by the president of the republic. art 231 an act pertaining to a draft constitutional amendment shall become null and void if rejected by the people. it cannot be resubmitted to the people during the same legislature. art 232 if according to the reasoned opinion of the constitutional court the draft constitutional amendment in no way infringes upon the general principles governing the algerian society, the human and citizen’s rights and freedoms, and does not alter in any manner the fundamental balance of the powers and the institutions, the president of the republic may directly promulgate the law containing the constitutional amendment without submitting it to referendum, if it has been approved by three-quarters (3/4) of the votes of the members of the two chambers of parliament. art 233 three-quarters (3/4) of the members of the two chambers of parliament, meeting in joint session, may propose a constitutional amendment and present it to the president of the republic, who may submit it to a referendum. if its approval is obtained, it shall be promulgated. art 234 no constitutional amendment shall undermine: the republican character of the state; the democratic order based on a multi-party system; islam as the religion of the state; arabic as the national and official language; tamazight as a national and official language; the fundamental freedoms and the human and citizens’ rights; the integrity and unity of the national territory; the national emblem and the national anthem as symbols of the revolution and the republic; the prohibition against holding more than two consecutive or discontinuous presidential terms of five years each. title vii. interim provisions art 235 the current ordinary laws set by this constitution as organic laws shall remain applicable until their modification or replacement following the constitutional procedures. art 236 the constitutional council shall continue, in its current representation to carry out the prerogatives assigned to it by this constitution, the mandates of its current members ending after the expiry of their respective terms. any modification or addition shall be carried out following the conditions and procedures set by this constitution in no later than six (6) months following its promulgation. the renewal of half of the members of the constitutional council, whether they are elected or designated in the framework of this constitution shall take place following the fourth (4) year of the mandate by drawing lots. art 237 pending the necessary conditions for the implementation of the provisions stipulated by article 188 of the constitution and in order to guarantee its efficient management, the mechanism set by this latter shall be put into place after a deadline of three (3) years following the entry into force of these provisions. art 238 the body in charge of the promotion and the protection of human rights shall continue to carry out its prerogatives until the implementation of the provisions of articles 198 and 199 of the constitution. art 239 the text of the approved constitutional amendment shall be harmonised by the numerical order of its articles. art 240 the president of the republic shall promulgate the text of the approved constitutional amendment that shall be implemented as the fundamental law of the republic. preamble having regard for the existence and future of our homeland, which recovered, in 1989, the possibility of a sovereign and democratic determination of its fate, we, the polish nation all citizens of the republic, both those who believe in god as the source of truth, justice, good and beauty, as well as those not sharing such faith but respecting those universal values as arising from other sources, equal in rights and obligations towards the common good poland, beholden to our ancestors for their labours, their struggle for independence achieved at great sacrifice, for our culture rooted in the christian heritage of the nation and in universal human values, recalling the best traditions of the first and the second republic, obliged to bequeath to future generations all that is valuable from our over one thousand years' heritage, bound in community with our compatriots dispersed throughout the world, aware of the need for cooperation with all countries for the good of the human family, mindful of the bitter experiences of the times when fundamental freedoms and human rights were violated in our homeland, desiring to guarantee the rights of the citizens for all time, and to ensure diligence and efficiency in the work of public bodies, recognizing our responsibility before god or our own consciences, hereby establish this constitution of the republic of poland as the basic law for the state, based on respect for freedom and justice, cooperation between the public powers, social dialogue as well as on the principle of aiding in the strengthening the powers of citizens and their communities. we call upon all those who will apply this constitution for the good of the third republic to do so paying respect to the inherent dignity of the person, his or her right to freedom, the obligation of solidarity with others, and respect for these principles as the unshakeable foundation of the republic of poland. chapter i. the republic article 1 the republic of poland shall be the common good of all its citizens. article 2 the republic of poland shall be a democratic state ruled by law and implementing the principles of social justice. article 3 the republic of poland shall be a unitary state. article 4 supreme power in the republic of poland shall be vested in the nation. the nation shall exercise such power directly or through their representatives. article 5 the republic of poland shall safeguard the independence and integrity of its territory and ensure the freedoms and rights of persons and citizens, the security of the citizens, safeguard the national heritage and shall ensure the protection of the natural environment pursuant to the principles of sustainable development. article 6 the republic of poland shall provide conditions for the people's equal access to cultural goods which are the source of the nation's identity, continuity and development. the republic of poland shall provide assistance to poles living abroad to maintain their links with the national cultural heritage. article 7 the organs of public authority shall function on the basis of, and within the limits of, the law. article 8 the constitution shall be the supreme law of the republic of poland. the provisions of the constitution shall apply directly, unless the constitution provides otherwise. article 9 the republic of poland shall respect international law binding upon it. article 10 the system of government of the republic of poland shall be based on the separation of and balance between the legislative, executive and judicial powers. legislative power shall be vested in the sejm and the senate, executive power shall be vested in the president of the republic of poland and the council of ministers, and the judicial power shall be vested in courts and tribunals. article 11 the republic of poland shall ensure freedom for the creation and functioning of political parties. political parties shall be founded on the principle of voluntariness and upon the equality of polish citizens, and their purpose shall be to influence the formulation of the policy of the state by democratic means. the financing of political parties shall be open to public inspection. article 12 the republic of poland shall ensure freedom for the creation and functioning of trades unions, socio-occupational organizations of farmers, societies, citizens' movements, other voluntary associations and foundations. article 13 political parties and other organizations whose programmes are based upon totalitarian methods and the modes of activity of nazism, fascism and communism, as well as those whose programmes or activities sanction racial or national hatred, the application of violence for the purpose of obtaining power or to influence the state policy, or provide for the secrecy of their own structure or membership, shall be forbidden. article 14 the republic of poland shall ensure freedom of the press and other means of social communication. article 15 the territorial system of the republic of poland shall ensure the decentralization of public power. the basic territorial division of the state shall be determined by statute, allowing for the social, economic and cultural ties which ensure to the territorial units the capacity to perform their public duties. article 16 the inhabitants of the units of basic territorial division shall form a self-governing community in accordance with law. local self-government shall participate in the exercise of public power. the substantial part of public duties which local self-government is empowered to discharge by statute shall be done in its own name and under its own responsibility. article 17 by means of a statute, self-governments may be created within a profession in which the public repose confidence, and such self-governments shall concern themselves with the proper practice of such professions in accordance with, and for the purpose of protecting, the public interest. other forms of self-government shall also be created by means of statute. such self-governments shall not infringe the freedom to practice a profession nor limit the freedom to undertake economic activity. article 18 marriage, being a union of a man and a woman, as well as the family, motherhood and parenthood, shall be placed under the protection and care of the republic of poland. article 19 the republic of poland shall take special care of veterans of the struggle for independence, particularly war invalids. article 20 a social market economy, based on the freedom of economic activity, private ownership, and solidarity, dialogue and cooperation between social partners, shall be the basis of the economic system of the republic of poland. article 21 the republic of poland shall protect ownership and the right of succession. expropriation may be allowed solely for public purposes and for just compensation. article 22 limitations upon the freedom of economic activity may be imposed only by means of statute and only for important public reasons. article 23 the basis of the agricultural system of the state shall be the family farm. this principle shall not infringe the provisions of articles 21 and 22. article 24 work shall be protected by the republic of poland. the state shall exercise supervision over the conditions of work. article 25 churches and other religious organizations shall have equal rights. public authorities in the republic of poland shall be impartial in matters of personal conviction, whether religious or philosophical, or in relation to outlooks on life, and shall ensure their freedom of expression within public life. the relationship between the state and churches and other religious organizations shall be based on the principle of respect for their autonomy and the mutual independence of each in its own sphere, as well as on the principle of cooperation for the individual and the common good. the relations between the republic of poland and the roman catholic church shall be determined by international treaty concluded with the holy see, and by statute. the relations between the republic of poland and other churches and religious organizations shall be determined by statutes adopted pursuant to agreements concluded between their appropriate representatives and the council of ministers. article 26 the armed forces of the republic of poland shall safeguard the independence and territorial integrity of the state, and shall ensure the security and inviolability of its borders. the armed forces shall observe neutrality regarding political matters and shall be subject to civil and democratic control. article 27 polish shall be the official language in the republic of poland. this provision shall not infringe upon national minority rights resulting from ratified international agreements. article 28 the image of a crowned white eagle upon a red field shall be the coat-of-arms of the republic of poland. white and red shall be the colours of the republic of poland. "dabrowski's mazurka" shall be the national anthem of the republic of poland. the coat-of-arms, colours and national anthem of the republic of poland shall be subject to legal protection. details concerning the coat-of-arms, colours and national anthem shall be specified by statute. article 29 warsaw shall be the capital of the republic of poland. chapter ii. the freedoms, rights and obligations of persons and citizens general principles article 30 the inherent and inalienable dignity of the person shall constitute a source of freedoms and rights of persons and citizens. it shall be inviolable. the respect and protection thereof shall be the obligation of public authorities. article 31 freedom of the person shall receive legal protection. everyone shall respect the freedoms and rights of others. no one shall be compelled to do that which is not required by law. any limitation upon the exercise of constitutional freedoms and rights may be imposed only by statute, and only when necessary in a democratic state for the protection of its security or public order, or to protect the natural environment, health or public morals, or the freedoms and rights of other persons. such limitations shall not violate the essence of freedoms and rights. article 32 all persons shall be equal before the law. all persons shall have the right to equal treatment by public authorities. no one shall be discriminated against in political, social or economic life for any reason whatsoever. article 33 men and women shall have equal rights in family, political, social and economic life in the republic of poland. men and women shall have equal rights, in particular, regarding education, employment and promotion, and shall have the right to equal compensation for work of similar value, to social security, to hold offices, and to receive public honours and decorations. article 34 polish citizenship shall be acquired by birth to parents being polish citizens. other methods of acquiring polish citizenship shall be specified by statute. a polish citizen shall not lose polish citizenship except by renunciation thereof. article 35 the republic of poland shall ensure polish citizens belonging to national or ethnic minorities the freedom to maintain and develop their own language, to maintain customs and traditions, and to develop their own culture. national and ethnic minorities shall have the right to establish educational and cultural institutions, institutions designed to protect religious identity, as well as to participate in the resolution of matters connected with their cultural identity. article 36 a polish citizen shall, during a stay abroad, have the right to protection by the polish state. article 37 anyone, being under the authority of the polish state, shall enjoy the freedoms and rights ensured by the constitution. exemptions from this principle with respect to foreigners shall be specified by statute. personal freedoms and rights article 38 the republic of poland shall ensure the legal protection of the life of every human being. article 39 no one shall be subjected to scientific experimentation, including medical experimentation, without his voluntary consent. article 40 no one may be subjected to torture or cruel, inhuman, or degrading treatment or punishment. the application of corporal punishment shall be prohibited. article 41 personal inviolability and security shall be ensured to everyone. any deprivation or limitation of liberty may be imposed only in accordance with principles and under procedures specified by statute. anyone deprived of liberty, except by sentence of a court, shall have the right to appeal to a court for immediate decision upon the lawfulness of such deprivation. any deprivation of liberty shall be immediately made known to the family of, or a person indicated by, the person deprived of liberty. every detained person shall be informed, immediately and in a manner comprehensible to him, of the reasons for such detention. the person shall, within 48 hours of detention, be given over to a court for consideration of the case. the detained person shall be set free unless a warrant of temporary arrest issued by a court, along with specification of the charges laid, has been served on him within forty-eight hours of the time of being given over to the court's disposal. anyone deprived of liberty shall be treated in a humane manner. anyone who has been unlawfully deprived of liberty shall have a right to compensation. article 42 only a person who has committed an act prohibited by a statute in force at the moment of commission thereof, and which is subject to a penalty, shall be held criminally responsible. this principle shall not prevent punishment of any act which, at the moment of its commission, constituted an offence within the meaning of international law. anyone against whom criminal proceedings have been brought shall have the right to defence at all stages of such proceedings. he may, in particular, choose counsel or avail himself in accordance with principles specified by statute of counsel appointed by the court. everyone shall be presumed innocent of a charge until his guilt is determined by the final judgment of a court. article 43 there shall be no statute of limitation regarding war crimes and crimes against humanity. article 44 the statute of limitation regarding actions connected with offences committed by, or by order of, public officials and which have not been prosecuted for political reasons, shall be extended for the period during which such reasons existed. article 45 everyone shall have the right to a fair and public hearing of his case, without undue delay, before a competent, impartial and independent court. exceptions to the public nature of hearings may be made for reasons of morality, state security, public order or protection of the private life of a party, or other important private interest. judgments shall be announced publicly. article 46 property may be forfeited only in cases specified by statute, and only by virtue of a final judgment of a court. article 47 everyone shall have the right to legal protection of his private and family life, of his honour and good reputation and to make decisions about his personal life. article 48 parents shall have the right to rear their children in accordance with their own convictions. such upbringing shall respect the degree of maturity of a child as well as his freedom of conscience and belief and also his convictions. limitation or deprivation of parental rights may be effected only in the instances specified by statute and only on the basis of a final court judgment. article 49 the freedom and privacy of communication shall be ensured. any limitations thereon may be imposed only in cases and in a manner specified by statute. article 50 the inviolability of the home shall be ensured. any search of a home, premises or vehicles may be made only in cases and in a manner specified by statute. article 51 no one may be obliged, except on the basis of statute, to disclose information concerning his person. public authorities shall not acquire, collect nor make accessible information on citizens other than that which is necessary in a democratic state ruled by law. everyone shall have a right of access to official documents and data collections concerning himself. limitations upon such rights may be established by statute. everyone shall have the right to demand the correction or deletion of untrue or incomplete information, or information acquired by means contrary to statute. principles and procedures for collection of and access to information shall be specified by statute. article 52 freedom of movement as well as the choice of place of residence and sojourn within the territory of the republic of poland shall be ensured to everyone. everyone may freely leave the territory of the republic of poland. the freedoms specified in paras. 1 and 2 above may be subject to limitations specified by statute. a polish citizen may not be expelled from the country nor forbidden to return to it. anyone whose polish origin has been confirmed in accordance with statute may settle permanently in poland. article 53 freedom of faith and religion shall be ensured to everyone. freedom of religion shall include the freedom to profess or to accept a religion by personal choice as well as to manifest such religion, either individually or collectively, publicly or privately, by worshipping, praying, participating in ceremonies, performing of rites or teaching. freedom of religion shall also include possession of sanctuaries and other places of worship for the satisfaction of the needs of believers as well as the right of individuals, wherever they may be, to benefit from religious services. parents shall have the right to ensure their children a moral and religious upbringing and teaching in accordance with their convictions. the provisions of article 48, para. 1 shall apply as appropriate. the religion of a church or other legally recognized religious organization may be taught in schools, but other peoples' freedom of religion and conscience shall not be infringed thereby. the freedom to publicly express religion may be limited only by means of statute and only where this is necessary for the defence of state security, public order, health, morals or the freedoms and rights of others. no one shall be compelled to participate or not participate in religious practices. no one may be compelled by organs of public authority to disclose his philosophy of life, religious convictions or belief. article 54 the freedom to express opinions, to acquire and to disseminate information shall be ensured to everyone. preventive censorship of the means of social communication and the licensing of the press shall be forbidden. statutes may require the receipt of a permit for the operation of a radio or television station. article 55 the extradition of a polish citizen shall be prohibited, except in cases specified in paras 2 and 3. extradition of a polish citizen may be granted upon a request made by a foreign state or an international judicial body if such a possibility stems from an international treaty ratified by poland or a statute implementing a legal instrument enacted by an international organisation of which the republic of poland is a member, provided that the act covered by a request for extradition: was committed outside the territory of the republic of poland, and constituted an offence under the law in force in the republic of poland or would have constituted an offence under the law in force in the republic of poland if it had been committed within the territory of the republic of poland, both at the time of its commitment and at the time of the making of the request. compliance with the conditions specified in para. 2 subparas 1 and 2 shall not be required if an extradition request is made by an international judicial body established under an international treaty ratified by poland, in connection with a crime of genocide, crime against humanity, war crime or a crime of aggression, covered by the jurisdiction of that body. the extradition of a person suspected of the commission of a crime for political reasons but without the use of force shall be forbidden, so as an extradition which would violate rights and freedoms of persons and citizens. the courts shall adjudicate on the admissibility of extradition. article 56 foreigners shall have a right of asylum in the republic of poland in accordance with principles specified by statute. foreigners who, in the republic of poland, seek protection from oppression, may be granted the status of a refugee in accordance with international agreements to which the republic of poland is a party. political freedoms and rights article 57 the freedom of peaceful assembly and participation in such assemblies shall be ensured to everyone. limitations upon such freedoms may be imposed by statute. article 58 the freedom of association shall be guaranteed to everyone. associations whose purposes or activities are contrary to the constitution or statutes shall be prohibited. the courts shall adjudicate whether to permit an association to register or to prohibit an association from such activities. statutes shall specify types of associations requiring court registration, a procedure for such registration and the forms of supervision of such associations. article 59 the freedom of association in trades unions, socio-occupational organizations of farmers, and in employers' organizations shall be ensured. trade unions and employers and their organizations shall have the right to bargain, particularly for the purpose of resolving collective disputes, and to conclude collective labour agreements and other arrangements. trade unions shall have the right to organize workers' strikes or other forms of protest subject to limitations specified by statute. for protection of the public interest, statutes may limit or forbid the conduct of strikes by specified categories of employees or in specific fields. the scope of freedom of association in trade unions and in employers' organizations may only be subject to such statutory limitations as are permissible in accordance with international agreements to which the republic of poland is a party. article 60 polish citizens enjoying full public rights shall have a right of access to the public service based on the principle of equality. article 61 a citizen shall have the right to obtain information on the activities of organs of public authority as well as persons discharging public functions. such right shall also include receipt of information on the activities of self-governing economic or professional organs and other persons or organizational units relating to the field in which they perform the duties of public authorities and manage communal assets or property of the state treasury. the right to obtain information shall ensure access to documents and entry to sittings of collective organs of public authority formed by universal elections, with the opportunity to make sound and visual recordings. limitations upon the rights referred to in paras. 1 and 2 above, may be imposed by statute solely to protect freedoms and rights of other persons and economic subjects, public order, security or important economic interests of the state. the procedure for the provision of information, referred to in paras. 1 and 2 above shall be specified by statute, and regarding the sejm and the senate by their rules of procedure. article 62 if, no later than on the day of vote, he has attained 18 years of age, a polish citizen shall have the right to participate in a referendum and the right to vote for the president of the republic of poland as well as representatives to the sejm and senate and organs of local self-government. persons who, by a final judgment of a court, have been subjected to legal incapacitation or deprived of public or electoral rights, shall have no right to participate in a referendum nor a right to vote. article 63 everyone shall have the right to submit petitions, proposals and complaints in the public interest, in his own interest or in the interests of another person with his consent to organs of public authority, as well as to organizations and social institutions in connection with the performance of their prescribed duties within the field of public administration. the procedures for considering petitions, proposals and complaints shall be specified by statute. economic social and cultural freedoms and rights article 64 everyone shall have the right to ownership, other property rights and the right of succession. everyone, on an equal basis, shall receive legal protection regarding ownership, other property rights and the right of succession. the right of ownership may only be limited by means of a statute and only to the extent that it does not violate the substance of such right. article 65 everyone shall have the freedom to choose and to pursue his occupation and to choose his place of work. exceptions shall be specified by statute. an obligation to work may be imposed only by statute. the permanent employment of children under 16 years of age shall be forbidden. the types and nature of admissible employments shall be specified by statute. a minimum level of remuneration for work, or the manner of setting its levels shall be specified by statute. public authorities shall pursue policies aiming at full, productive employment by implementing programmes to combat unemployment, including the organization of and support for occupational advice and training, as well as public works and economic intervention. article 66 everyone shall have the right to safe and hygienic conditions of work. the methods of implementing this right and the obligations of employers shall be specified by statute. an employee shall have the right to statutorily specified days free from work as well as annual paid holidays; the maximum permissible hours of work shall be specified by statute. article 67 a citizen shall have the right to social security whenever incapacitated for work by reason of sickness or invalidism as well as having attained retirement age. the scope and forms of social security shall be specified by statute. a citizen who is involuntarily without work and has no other means of support, shall have the right to social security, the scope of which shall be specified by statute. article 68 everyone shall have the right to have his health protected. equal access to health care services, financed from public funds, shall be ensured by public authorities to citizens, irrespective of their material situation. the conditions for, and scope of, the provision of services shall be established by statute. public authorities shall ensure special health care to children, pregnant women, handicapped people and persons of advanced age. public authorities shall combat epidemic illnesses and prevent the negative health consequences of degradation of the environment. public authorities shall support the development of physical culture, particularly amongst children and young persons. article 69 public authorities shall provide, in accordance with statute, aid to disabled persons to ensure their subsistence, adaptation to work and social communication. article 70 everyone shall have the right to education. education to 18 years of age shall be compulsory. the manner of fulfilment of schooling obligations shall be specified by statute. education in public schools shall be without payment. statutes may allow for payments for certain services provided by public institutions of higher education. parents shall have the right to choose schools other than public for their children. citizens and institutions shall have the right to establish primary and secondary schools and institutions of higher education and educational development institutions. the conditions for establishing and operating non-public schools, the participation of public authorities in their financing, as well as the principles of educational supervision of such schools and educational development institutions, shall be specified by statute. public authorities shall ensure universal and equal access to education for citizens. to this end, they shall establish and support systems for individual financial and organizational assistance to pupils and students. the conditions for providing of such assistance shall be specified by statute. the autonomy of the institutions of higher education shall be ensured in accordance with principles specified by statute. article 71 the state, in its social and economic policy, shall take into account the good of the family. families, finding themselves in difficult material and social circumstances â­particularly those with many children or a single parent shall have the right to special assistance from public authorities. a mother, before and after birth, shall have the right to special assistance from public authorities, to the extent specified by statute. article 72 the republic of poland shall ensure protection of the rights of the child. everyone shall have the right to demand of organs of public authority that they defend children against violence, cruelty, exploitation and actions which undermine their moral sense. a child deprived of parental care shall have the right to care and assistance provided by public authorities. organs of public authority and persons responsible for children, in the course of establishing the rights of a child, shall consider and, insofar as possible, give priority to the views of the child. the competence and procedure for appointment of the commissioner for children's rights shall be specified by statute. article 73 the freedom of artistic creation and scientific research as well as dissemination of the fruits thereof, the freedom to teach and to enjoy the products of culture, shall be ensured to everyone. article 74 public authorities shall pursue policies ensuring the ecological security of current and future generations. protection of the environment shall be the duty of public authorities. everyone shall have the right to be informed of the quality of the environment and its protection. public authorities shall support the activities of citizens to protect and improve the quality of the environment. article 75 public authorities shall pursue policies conducive to satisfying the housing needs of citizens, in particular combatting homelessness, promoting the development of low-income housing and supporting activities aimed at acquisition of a home by each citizen. protection of the rights of tenants shall be established by statute. article 76 public authorities shall protect consumers, customers, hirers or lessees against activities threatening their health, privacy and safety, as well as against dishonest market practices. the scope of such protection shall be specified by statute. means for the defence of freedoms and rights article 77 everyone shall have the right to compensation for any harm done to him by any action of an organ of public authority contrary to law. statutes shall not bar the recourse by any person to the courts in pursuit of claims alleging infringement of freedoms or rights. article 78 each party shall have the right to appeal against judgments and decisions made at first stage. exceptions to this principle and the procedure for such appeals shall be specified by statute. article 79 in accordance with principles specified by statute, everyone whose constitutional freedoms or rights have been infringed, shall have the right to appeal to the constitutional tribunal for its judgment on the conformity to the constitution of a statute or another normative act upon which basis a court or organ of public administration has made a final decision on his freedoms or rights or on his obligations specified in the constitution. the provisions of para. 1 above shall not relate to the rights specified in article 56. article 80 in accordance with principles specified by statute, everyone shall have the right to apply to the commissioner for citizens' rights for assistance in protection of his freedoms or rights infringed by organs of public authority. article 81 the rights specified in article 65, paras. 4 and 5, article 66, article 69, article 71 and articles 74-76, may be asserted subject to limitations specified by statute. obligations article 82 loyalty to the republic of poland, as well as concern for the common good, shall be the duty of every polish citizen. article 83 everyone shall observe the law of the republic of poland. article 84 everyone shall comply with his responsibilities and public duties, including the payment of taxes, as specified by statute. article 85 it shall be the duty of every polish citizen to defend the homeland. the nature of substitute service shall be specified by statute. any citizen whose religious convictions or moral principles do not allow him to perform military service may be obliged to perform substitute service in accordance with principles specified by statute. article 86 everyone shall care for the quality of the environment and shall be held responsible for causing its degradation. the principles of such responsibility shall be specified by statute. chapter iii. sources of law article 87 the sources of universally binding law of the republic of poland shall be: the constitution, statutes, ratified international agreements, and regulations. enactments of local law issued by the operation of organs shall be a source of universally binding law of the republic of poland in the territory of the organ issuing such enactments. article 88 the condition precedent for the coming into force of statutes, regulations and enactments of local law shall be the promulgation thereof. the principles of and procedures for promulgation of normative acts shall be specified by statute. international agreements ratified with prior consent granted by statute shall be promulgated in accordance with the procedures required for statutes. the principles of promulgation of other international agreements shall be specified by statute. article 89 ratification of an international agreement by the republic of poland, as well as denunciation thereof, shall require prior consent granted by statute if such agreement concerns: peace, alliances, political or military treaties; freedoms, rights or obligations of citizens, as specified in the constitution; the republic of poland's membership in an international organization; considerable financial responsibilities imposed on the state; matters regulated by statute or those in respect of which the constitution requires the form of a statute. the president of the council of ministers (the prime minister) shall inform the sejm of any intention to submit, for ratification by the president of the republic, any international agreements whose ratification does not require consent granted by statute. the principles of and procedures for the conclusion and renunciation of international agreements shall be specified by statute. article 90 the republic of poland may, by virtue of international agreements, delegate to an international organization or international institution the competence of organs of state authority in relation to certain matters. a statute, granting consent for ratification of an international agreement referred to in para. 1, shall be passed by the sejm by a two-thirds majority vote in the presence of at least half of the statutory number of deputies, and by the senate by a two-thirds majority vote in the presence of at least half of the statutory number of senators. granting of consent for ratification of such agreement may also be passed by a nationwide referendum in accordance with the provisions of article 125. any resolution in respect of the choice of procedure for granting consent to ratification shall be taken by the sejm by an absolute majority vote taken in the presence of at least half of the statutory number of deputies. article 91 after promulgation thereof in the journal of laws of the republic of poland (dziennik ustaw), a ratified international agreement shall constitute part of the domestic legal order and shall be applied directly, unless its application depends on the enactment of a statute. an international agreement ratified upon prior consent granted by statute shall have precedence over statutes if such an agreement cannot be reconciled with the provisions of such statutes. if an agreement, ratified by the republic of poland, establishing an international organization so provides, the laws established by it shall be applied directly and have precedence in the event of a conflict of laws. article 92 regulations shall be issued on the basis of specific authorization contained in, and for the purpose of implementation of, statutes by the organs specified in the constitution. the authorization shall specify the organ appropriate to issue a regulation and the scope of matters to be regulated as well as guidelines concerning the provisions of such act. an organ authorized to issue a regulation shall not delegate its competence, referred to in para. 1 above, to another organ. article 93 resolutions of the council of ministers and orders of the prime minister shall be of an internal character and shall bind only those organizational units subordinate to the organ which issues such act. orders shall only be issued on the basis of statute. they shall not serve as the basis for decisions taken in respect of citizens, legal persons and other subjects. resolutions and orders shall be subject to scrutiny regarding their compliance with universally binding law. article 94 on the basis of and within limits specified by statute, organs of local self-government and territorial organs of government administration shall enact local legal enactments applicable to their territorially defined areas of operation. the principles of and procedures for enacting local legal enactments shall be specified by statute. chapter iv. the sejm and the senate article 95 legislative power in the republic of poland shall be exercised by the sejm and the senate. the sejm shall exercise control over the activities of the council of ministers within the scope specified by the provisions of the constitution and statutes. elections and the term of office article 96 the sejm shall be composed of 460 deputies. elections to the sejm shall be universal, equal, direct and proportional and shall be conducted by secret ballot. article 97 the senate shall be composed of 100 senators. elections to the senate shall be universal, direct and shall be conducted by secret ballot. article 98 the sejm and the senate shall be chosen each for a 4-year term of office. the term of office of the sejm and senate shall begin on the day on which the sejm assembles for its first sitting and shall continue until the day preceding the assembly of the sejm of the succeeding term of office. elections to the sejm and the senate shall be ordered by the president of the republic no later than 90 days before the expiry of the 4 year period beginning with the commencement of the sejm's and senate's term of office, and he shall order such elections to be held on a non-working day which shall be within the 30 day period before the expiry of the 4 year period beginning from the commencement of the sejm's and senate's term of office. the sejm may shorten its term of office by a resolution passed by a majority of at least two-thirds of the votes of the statutory number of deputies. any shortening of the term of office of the sejm shall simultaneously mean a shortening of the term of office of the senate. the provisions of para. 5 above shall apply as appropriate. the president of the republic, after seeking the opinion of the marshal of the sejm and the marshal of the senate, may, in those instances specified in the constitution, order shortening of the sejm's term of office. whenever the term of office of the sejm has been so shortened, then the term of office of the senate shall also be shortened. the president of the republic, when ordering the shortening of the sejm's term of office, shall simultaneously order elections to the sejm and the senate, and shall order them to be held on a day falling no later than within the 45 day period from the day of the official announcement of presidential order on the shortening of the sejm's term of office. the president of the republic shall summon the first sitting of the newly elected sejm no later than the 15th day after the day on which the elections were held. in the event of shortening of the sejm's term of office, the provisions of para. 1 above shall apply as appropriate. article 99 every citizen having the right to vote, who, no later than on the day of the elections, has attained the age of 21 years, shall be eligible to be elected to the sejm. every citizen having the right to vote, who, no later than on the day of the elections, has attained the age of 30 years, shall be eligible to be elected to the senate. no person sentenced to imprisonment by a final judgment for an intentional indictable offence may be elected to the sejm or the senate. article 100 candidates for deputies and senators may be nominated by political parties or voters. no one may stand for election to the sejm and the senate at the same time. the principles of and procedures for the nomination of candidates and the conduct of the elections, as well as the requirements for validity of the elections, shall be specified by statute. article 101 the supreme court shall adjudicate upon the validity of the elections to the sejm and the senate. a voter shall have the right to submit a complaint to the supreme court against the validity of the elections in accordance with principles specified by statute. deputies and senators article 102 no one may be a deputy and senator at the same time. article 103 the mandate of a deputy shall not be held jointly with the office of the president of the national bank of poland, the president of the supreme chamber of control, the commissioner for citizens' rights, the commissioner for children's rights or their deputies, a member of the council for monetary policy, a member of the national council of radio broadcasting and television, ambassador, or with employment in the chancellory of the sejm, chancellery of the senate, chancellery of the president of the republic, or with employment in government administration. this prohibition shall not apply to members of the council of ministers and secretaries of state in government administration. no judge, public prosecutor, officer of the civil service, soldier on active military service or functionary of the police or of the services of state protection shall exercise the mandate of a deputy. other instances prohibiting the holding of a mandate of a deputy or prohibiting the exercise of a mandate jointly with other public functions may be specified by statute. article 104 deputies shall be representatives of the nation. they shall not be bound by any instructions of the electorate. deputies, before the commencement of the exercise of the mandate, shall take the following oath in the presence of the sejm: "i do solemnly swear to perform my duties to the nation diligently and conscientiously, to safeguard the sovereignty and interests of the state, to do all within my power for the prosperity of the homeland and the well-being of its citizens, and to observe the constitution and other laws of the republic of poland." the oath may also be taken with the additional sentence "so help me, god." a refusal to take the oath shall be deemed to be a renunciation of the mandate. article 105 a deputy shall not be held accountable for his activity performed within the scope of a deputy's mandate during the term thereof nor after its completion. regarding such activities, a deputy can only be held accountable before the sejm and, in a case where he has infringed the rights of third parties, he may only be proceeded against before a court with the consent of the sejm. from the day of announcement of the results of the elections until the day of the expiry of his mandate, a deputy shall not be subjected to criminal accountability without the consent of the sejm. criminal proceedings instituted against a person before the day of his election as deputy, shall be suspended at the request of the sejm until the time of expiry of the mandate. in such instance, the statute of limitation with respect to criminal proceedings shall be extended for the equivalent time. a deputy may consent to be brought to criminal accountability. in such instance, the provisions of paras. 2 and 3 shall not apply. a deputy shall be neither detained nor arrested without the consent of the sejm, except for cases in flagrante delicto and in which his detention is necessary for securing the proper course of proceedings. any such detention shall be immediately communicated to the marshal of the sejm, who may order an immediate release of the deputy. detailed principles of and procedures for bringing deputies to criminal accountability shall be specified by statute. article 106 conditions appropriate to the effective discharge of their duties by the deputies as well as for defence of their rights resulting from the exercise of their mandate shall be specified by statute. article 107 deputies shall not be permitted, to the extent specified by statute, to perform any business activity involving any benefit derived from the property of the state treasury or local self-government or to acquire such property. in respect of any breach of the prohibition specified in para. 1 above, a deputy shall, by resolution of the sejm adopted on a motion of the marshal of the sejm, be brought to accountability before the tribunal of state which shall adjudicate upon forfeiture of the mandate. article 108 the provisions of articles 103-107 shall apply, as appropriate, to senators. organization and functioning article 109 the sejm and the senate shall debate in the course of sittings. the first sitting of the sejm and senate shall be summoned by the president of the republic to be held on a day within 30 days following the day of the elections, except for instances specified in article 98, paras. 3 and 5. article 110 the sejm shall elect from amongst its members a marshal of the sejm and vice-marshals. the marshal of the sejm shall preside over the debates of the sejm, safeguard the rights of the sejm as well as represent the sejm in external matters. the sejm shall appoint standing committees and may also appoint special committees. article 111 the sejm may appoint an investigative committee to examine a particular matter. the procedures for work by an investigative committee shall be specified by statute. article 112 the internal organization and conduct of work of the sejm and the procedure for appointment and operation of its organs as well as the manner of performance of obligations, both constitutional and statutory, by state organs in relation to the sejm, shall be specified in the rules of procedure adopted by the sejm. article 113 sittings of the sejm shall be open to the public. the sejm may resolve, by an absolute majority vote taken in the presence of at least half of the statutory number of deputies, to hold a debate in secret. article 114 in instances specified in the constitution, the sejm and the senate sitting in joint session, shall act as the national assembly, with the marshal of the sejm presiding or, in his absence the marshal of the senate. the national assembly shall adopt its own rules of procedure. article 115 the prime minister and other members of the council of ministers shall furnish answers to interpellations and deputies' questions within 21 days. the prime minister and other members of the council of ministers shall furnish answers to matters raised in the course of each sitting of the sejm. article 116 the sejm shall declare, in the name of the republic of poland, a state of war and the conclusion of peace. the sejm may adopt a resolution on a state of war only in the event of armed aggression against the territory of the republic of poland or when an obligation of common defence against aggression arises by virtue of international agreements. if the sejm cannot assemble for a sitting, the president of the republic may declare a state of war. article 117 the principles for deployment of the armed forces beyond the borders of the republic of poland shall be specified by a ratified international agreement or by statute. the principles for the presence of foreign troops on the territory of the republic of poland and the principles for their movement within that territory shall be specified by ratified agreements or statutes. article 118 the right to introduce legislation shall belong to deputies, to the senate, to the president of the republic and to the council of ministers. the right to introduce legislation shall also belong to a group of at least 100,000 citizens having the right to vote in elections to the sejm. the procedure in such matter shall be specified by statute. sponsors, when introducing a bill to the sejm, shall indicate the financial consequences of its implementation. article 119 the sejm shall consider bills in the course of three readings. the right to introduce amendments to a bill in the course of its consideration by the sejm shall belong to its sponsor, deputies and the council of ministers. the marshal of the sejm may refuse to put to a vote any amendment which has not previously been submitted to a committee. the sponsor may withdraw a bill in the course of legislative proceedings in the sejm until the conclusion of its second reading. article 120 the sejm shall pass bills by a simple majority vote, in the presence of at least half of the statutory number of deputies, unless the constitution provides for another majority. the same procedure shall be applied by the sejm in adoption of resolutions, unless a statute or a resolution of the sejm provide otherwise. article 121 a bill passed by the sejm shall be submitted to the senate by the marshal of the sejm. the senate, within 30 days of submission of a bill, may adopt it without amendment, adopt amendments or resolve upon its complete rejection. if, within 30 days following the submission of the bill, the senate fails to adopt an appropriate resolution, the bill shall be considered adopted according to the wording submitted by the sejm. a resolution of the senate rejecting a bill, or an amendment proposed in the senate's resolution, shall be considered accepted unless the sejm rejects it by an absolute majority vote in the presence of at least half of the statutory number of deputies. article 122 after the completion of the procedure specified in article 121, the marshal of the sejm shall submit an adopted bill to the president of the republic for signature. the president of the republic shall sign a bill within 21 days of its submission and shall order its promulgation in the journal of laws of the republic of poland (dziennik ustaw). the president of the republic may, before signing a bill, refer it to the constitutional tribunal for an adjudication upon its conformity to the constitution. the president of the republic shall not refuse to sign a bill which has been judged by the constitutional tribunal as conforming to the constitution. the president of the republic shall refuse to sign a bill which the constitutional tribunal has judged not to be in conformity to the constitution. if, however, the nonâ­conformity to the constitution relates to particular provisions of the bill, and the tribunal has not judged that they are inseparably connected with the whole bill, then, the president of the republic, after seeking the opinion of the marshal of the sejm, shall sign the bill with the omission of those provisions considered as being in nonâ­conformity to the constitution or shall return the bill to the sejm for the purpose of removing the non-conformity. if the president of the republic has not made reference to the constitutional tribunal in accordance with para. 3, he may refer the bill, with reasons given, to the sejm for its reconsideration. if the said bill is repassed by the sejm by a three-fifths majority vote in the presence of at least half of the statutory number of deputies, then, the president of the republic shall sign it within 7 days and shall order its promulgation in the journal of laws of the republic of poland (dziennik ustaw). if the said bill has been repassed by the sejm, the president of the republic shall have no right to refer it to the constitutional tribunal in accordance with the procedure prescribed in para. 3. any such reference by the president of the republic to the constitutional tribunal for an adjudication upon the conformity of a statute to the constitution, or any application for reconsideration of a bill, shall suspend the period of time allowed for its signature, specified in para. 2, above. article 123 the council of ministers may classify a bill adopted by itself as urgent, with the exception of tax bills, bills governing elections to the presidency of the republic of poland, to the sejm, to the senate and to organs of local self-government, bills governing the structure and jurisdiction of public authorities, and also drafts of law codes. the rules of procedure of the sejm and the rules of procedure of the senate shall define the modifications in the legislative procedure when a bill has been classified as urgent. in the legislative procedure in relation to a bill classified as urgent, the time period for its consideration by the senate shall be 14 days and the period for its signature by the president of the republic shall be 7 days. article 124 the provisions of article 110, article 112, article 113 and article 120 shall apply, as appropriate, to the senate. referendum article 125 a nationwide referendum may be held in respect of matters of particular importance to the state. the right to order a nationwide referendum shall be vested in the sejm, to be taken by an absolute majority of votes in the presence of at least half of the statutory number of deputies, or in the president of the republic with the consent of the senate given by an absolute majority vote taken in the presence of at least half of the statutory number of senators. a result of a nationwide referendum shall be binding, if more than half of the number of those having the right to vote have participated in it. the validity of a nationwide referendum and the referendum referred to in article 235, para. 6, shall be determined by the supreme court. the principles of and procedures for the holding of a referendum shall be specified by statute. chapter v. the president of the republic of poland article 126 the president of the republic of poland shall be the supreme representative of the republic of poland and the guarantor of the continuity of state authority. the president of the republic shall ensure observance of the constitution, safeguard the sovereignty and security of the state as well as the inviolability and integrity of its territory. the president shall exercise his duties within the scope of and in accordance with the principles specified in the constitution and statutes. article 127 the president of the republic shall be elected by the nation, in universal, equal and direct elections, conducted by secret ballot. the president of the republic shall be elected for a 5-year term of office and may be re-elected only for one more term. only a polish citizen who, no later than the day of the elections, has attained 35 years of age and has a full electoral franchise in elections to the sejm, may be elected president of the republic. any such candidature shall be supported by the signatures of at least 100,000 citizens having the right to vote in elections to the sejm. a candidate who has received more than half of the valid votes shall be considered elected president of the republic. if none of the candidates has received the required majority of votes, then a repeat ballot shall be held on the 14th day after the first vote. the two candidates who have received the largest number of votes in the first ballot shall participate in a repeat ballot. if one of the two such candidates withdraws his consent to candidacy, forfeits his electoral rights or dies, he shall be replaced in the repeat ballot by the candidate who received the next highest consecutive number of votes in the first ballot. in such case, the date of the repeat ballot shall be extended by a further 14 days. the candidate who receives the higher number of votes in the repeat ballot shall be elected president of the republic. the principles of and procedure for nominating candidates and conducting the elections, as well as the requirements for validity of the election of the president of the republic, shall be specified by statute. article 128 the term of office of the president of the republic shall commence on the date of his assuming such office. the election of the president of the republic shall be ordered by the marshal of the sejm to be held on a day no sooner than 100 days and no later than 75 days before expiry of the term of office of the serving president of the republic, and in the event of the office of president of the republic falling vacant no later than the 14th day thereafter, specifying the date of the election which shall be on a non-working day and within a period of 60 days of the day of ordering the election. article 129 the supreme court shall adjudicate upon the validity of the election of the president of the republic. a voter shall have the right to submit a complaint to the supreme court concerning the validity of the election of the president of the republic in accordance with principles specified by statute. in the event of the election of the president of the republic being judged invalid, a new election shall be held in accordance with the principles prescribed in article 128, para. 2 in relation to a vacancy in the office of president of the republic. article 130 the president of the republic shall assume office upon taking the following oath in the presence of the national assembly: "assuming, by the will of the nation, the office of president of the republic of poland, i do solemnly swear to be faithful to the provisions of the constitution; i pledge that i shall steadfastly safeguard the dignity of the nation, the independence and security of the state, and also that the good of the homeland and the prosperity of its citizens shall forever remain my supreme obligation." the oath may also be taken with the additional sentence "so help me, god." article 131 if the president of the republic is temporarily unable to discharge the duties of his office, he shall communicate this fact to the marshal of the sejm, who shall temporarily assume the duties of the president of the republic. if the president of the republic is not in a position to inform the marshal of the sejm of his incapacity to discharge the duties of the office, then the constitutional tribunal shall, on request of the marshal of the sejm, determine whether or not there exists an impediment to the exercise of the office by the president of the republic. if the constitutional tribunal so finds, it shall require the marshal of the sejm to temporarily perform the duties of the president of the republic. the marshal of the sejm shall, until the time of election of a new president of the republic, temporarily discharge the duties of the president of the republic in the following instances: the death of the president of the republic; the president's resignation from office; judicial declaration of the invalidity of the election to the presidency or other reasons for not assuming office following the election; a declaration by the national assembly of the president's permanent incapacity to exercise his duties due to the state of his health; such declaration shall require a resolution adopted by a majority vote of at least two-thirds of the statutory number of members of the national assembly; dismissal of the president of the republic from office by a judgment of the tribunal of state. if the marshal of the sejm is unable to discharge the duties of the president of the republic, such duties shall be discharged by the marshal of the senate. a person discharging the duties of the president of the republic shall not shorten the term of office of the sejm. article 132 the president of the republic shall hold no other offices nor discharge any public functions, with the exception of those connected with the duties of his office. article 133 the president of the republic, as representative of the state in foreign affairs, shall: ratify and renounce international agreements, and shall notify the sejm and the senate thereof; appoint and recall the plenipotentiary representatives of the republic of poland to other states and to international organizations; receive the letters of credence and recall of diplomatic representatives of other states and international organizations accredited to him. the president of the republic, before ratifying an international agreement may refer it to the constitutional tribunal with a request to adjudicate upon its conformity to the constitution. the president of the republic shall cooperate with the prime minister and the appropriate minister in respect of foreign policy. article 134 the president of the republic shall be the supreme commander of the armed forces of the republic of poland. the president of the republic, in times of peace, shall exercise command over the armed forces through the minister of national defence. the president of the republic shall appoint, for a specified period of time, the chief of the general staff and commanders of branches of the armed forces. the duration of their term of office, the procedure for and terms of their dismissal before the end thereof, shall be specified by statute. the president of the republic, for a period of war, shall appoint the commander-in-chief of the armed forces on request of the prime minister. he may dismiss the commander-in-chief of the armed forces in accordance with the same procedure. the authority of the commander-in-chief of the armed forces, as well as the principle of his subordination to the constitutional organs of the republic of poland, shall be specified by statute. the president of the republic, on request of the minister of national defence, shall confer military ranks as specified by statute. the authority of the president of the republic, regarding his supreme command of the armed forces, shall be specified in detail by statute. article 135 the advisory organ to the president of the republic regarding internal and external security of the state shall be the national security council. article 136 in the event of a direct external threat to the state, the president of the republic shall, on request of the prime minister, order a general or partial mobilization and deployment of the armed forces in defence of the republic of poland. article 137 the president of the republic shall grant polish citizenship and shall give consent for renunciation of polish citizenship. article 138 the president of the republic shall confer orders and decorations. article 139 the president of the republic shall have the power of pardon. the power of pardon may not be extended to individuals convicted by the tribunal of state. article 140 the president of the republic may deliver a message to the sejm, to the senate or to the national assembly. such message shall not be a subject of debate. article 141 the president of the republic may, regarding particular matters, convene the cabinet council. the cabinet council shall be composed of the council of ministers whose debates shall be presided over by the president of the republic. the cabinet council shall not possess the competence of the council of ministers. article 142 the president of the republic shall issue regulations and executive orders in accordance with the principles specified in articles 92 and 93. the president of the republic shall issue decisions within the scope of discharge of his other authorities. article 143 the presidential chancellory shall be the organ of assistance to the president of the republic. the president of the republic shall establish the statute of the presidential chancellory and shall appoint and dismiss its chief. article 144 the president of the republic, exercising his constitutional and statutory authority, shall issue official acts. official acts of the president shall require, for their validity, the signature of the prime minister who, by such signature, accepts responsibility therefor to the sejm. the provisions of para. 2 above shall not relate to: proclaiming elections to the sejm and to the senate; summoning the first sitting of a newly elected sejm and senate; shortening of the term of office of the sejm in the instances specified in the constitution; introducing legislation; proclaiming the holding of a nationwide referendum; signing or refusing to sign a bill; ordering the promulgation of a statute or an international agreement in the journal of laws of the republic of poland (dziennik ustaw); delivering a message to the sejm, to the senate or to the national assembly; making a referral to the constitutional tribunal; requesting to the supreme chamber of control to carry out an audit; nominating and appointing the prime minister; accepting resignation of the council of ministers and obliging it to temporarily continue with its duties; applying to the sejm to bring a member of the council of ministers to responsibility before the tribunal of state; dismissing a minister in whom the sejm has passed a vote of no confidence; convening the cabinet council; conferring orders and decorations; appointing judges; exercising the power of pardon; granting polish citizenship and giving consent for renunciation of polish citizenship; appointing the first president of the supreme court; appointing the president and vice-president of the constitutional tribunal; appointing the president of the chief administrative court; appointing the presidents of the supreme court and vice-presidents of the chief administrative court; requesting the sejm to appoint the president of the national bank of poland; appointing the members of the council for monetary policy; appointing and dismissing members of the national security council; appointing members of the national council of radio broadcasting and television; establishing the statute of the presidential chancellery and appointing or dismissing the chief of the presidential chancellery; issuing orders in accordance with the principles specified in article 93; resigning from the office of president of the republic. article 145 the president of the republic may be held accountable before the tribunal of state for an infringement of the constitution or statute, or for commission of an offence. bringing an indictment against the president of the republic shall be done by resolution of the national assembly passed by a majority of at least two-thirds of the statutory number of members of the national assembly, on the motion of at least 140 members of the assembly. on the day on which an indictment, to be heard before the tribunal of state, is brought against the president of the republic, he shall be suspended from discharging all functions of his office. the provisions of article 131 shall apply as appropriate. chapter vi. the council of ministers and government administration article 146 the council of ministers shall conduct the internal affairs and foreign policy of the republic of poland. the council of ministers shall conduct the affairs of state not reserved to other state organs or local self-government. the council of ministers shall manage the government administration. to the extent and in accordance with the principles specified by the constitution and statutes, the council of ministers, in particular, shall: ensure the implementation of statutes; issue regulations; coordinate and supervise the work of organs of state administration; protect the interests of the state treasury; adopt a draft state budget; supervise the implementation of the state budget and pass a resolution on the closing of the state's accounts and report on the implementation of the budget; ensure the internal security of the state and public order; ensure the external security of the state; exercise general control in the field of relations with other states and international organizations; conclude international agreements requiring ratification as well as accept and renounce other international agreements; exercise general control in the field of national defence and annually specify the number of citizens who are required to perform active military service; determine the organization and the manner of its own work. article 147 the council of ministers shall be composed of the president of the council of ministers (prime minister) and ministers. vice-presidents of the council of ministers (deputy prime ministers) may be also be appointed within the council of ministers. the prime minister and deputy prime ministers may also discharge the functions of a minister. the presidents of committees specified in statutes may also be appointed to membership in the council of ministers. article 148 the prime minister shall: represent the council of ministers; manage the work of the council of ministers; issue regulations; ensure the implementation of the policies adopted by the council of ministers and specify the manner of their implementation; coordinate and control the work of members of the council of ministers; exercise, within the limits and by the means specified in the constitution and statute, supervision of local self-government. be the official superior of employees of the government administration. article 149 ministers shall direct a particular branch of government administration or perform tasks allocated to them by the prime minister. the scope of activity of a minister directing a branch of government administration shall be specified by statute. a minister directing a branch of government administration shall issue regulations. the council of ministers, on the request of the prime minister, may repeal a regulation or order of a minister. the provisions applicable to a minister directing a branch of government administration shall apply, as appropriate, to presidents of the committees referred to in article 147, para. 4. article 150 a member of the council of ministers shall not perform any activity inconsistent with his public duties. article 151 the prime minister, deputy prime ministers and ministers shall take the following oath in the presence of the president of the republic: "assuming this office of prime minister (deputy prime minister, minister) i do solemnly swear to be faithful to the provisions of the constitution and other laws of the republic of poland, and that the good of the homeland and the prosperity of its citizens shall forever remain my supreme obligation." the oath may also be taken with the additional sentence "so help me, god." article 152 the voivode shall be the representative of the council of ministers in a voivodeship. the procedure for appointment and dismissal, as well as the scope of activity, of a voivode shall be specified by statute. article 153 a corps of civil servants shall operate in the organs of government administration in order to ensure a professional, diligent, impartial and politically neutral discharge of the state's obligations. the prime minister shall be the superior of such corps of civil servants. article 154 the president of the republic shall nominate a prime minister who shall propose the composition of a council of ministers. the president of the republic shall, within 14 days of the first sitting of the sejm or acceptance of the resignation of the previous council of ministers, appoint a prime minister together with other members of a council of ministers and accept the oaths of office of members of such newly appointed council of ministers. the prime minister shall, within 14 days following the day of his appointment by the president of the republic, submit a programme of activity of the council of ministers to the sejm, together with a motion requiring a vote of confidence. the sejm shall pass such vote of confidence by an absolute majority of votes in the presence of at least half of the statutory number of deputies. in the event that a council of ministers has not been appointed pursuant to para.1 above or has failed to obtain a vote of confidence in accordance with para. 2 above, the sejm, within 14 days of the end of the time periods specified in paras 1 and 2, shall choose a prime minister as well as members of the council of ministers as proposed by him, by an absolute majority of votes in the presence of at least half of the statutory number of deputies. the president of the republic shall appoint the council of ministers so chosen and accept the oaths of office of its members. article 155 in the event that a council of ministers has not been appointed pursuant to the provisions of article 154, para. 3, the president of the republic shall, within a period of 14 days, appoint a prime minister and, on his application, other members of the council of ministers. the sejm, within 14 days following the appointment of the council of ministers by the president of the republic, shall hold, in the presence of at least half of the statutory number of deputies, a vote of confidence thereto. in the event that a vote of confidence has not been granted to the council of ministers pursuant to para. 1, the president of the republic shall shorten the term of office of the sejm and order elections to be held. article 156 the members of the council of ministers shall be accountable to the tribunal of state for an infringement of the constitution or statutes, as well as for the commission of an offence connected with the duties of his office. on the motion of the president of the republic or at least 115 deputies, resolution to bring a member of the council of ministers to account before the tribunal of state shall be passed by the sejm by a majority of three-fifths of the statutory number of deputies. article 157 the members of the council of ministers shall be collectively responsible to the sejm for the activities of the council of ministers. the members of the council of ministers shall be individually responsible to the sejm for those matters falling within their competence or assigned to them by the prime minister. article 158 the sejm shall pass a vote of no confidence by a majority of votes of the statutory number of deputies, on a motion moved by at least 46 deputies and which shall specify the name of a candidate for prime minister. if such a resolution has been passed by the sejm, the president of the republic shall accept the resignation of the council of ministers and appoint a new prime minister as chosen by the sejm, and, on his application, the other members of the council of ministers and accept their oath of office. a motion to pass a resolution referred to in para. 1 above, may be put to a vote no sooner than 7 days after it has been submitted. a subsequent motion of a like kind may be submitted no sooner than after the end of 3 months from the day the previous motion was submitted. a subsequent motion may be submitted before the end of 3 months if such motion is submitted by at least 115 deputies. article 159 the sejm may pass a vote of no confidence in an individual minister. a motion to pass such a vote of no confidence may be submitted by at least 69 deputies. the provisions of article 158, para. 2 shall apply as appropriate. the president of the republic shall recall a minister in whom a vote of no confidence has been passed by the sejm by a majority of votes of the statutory number of deputies. article 160 the prime minister may submit to the sejm a motion requiring a vote of confidence in the council of ministers. a vote of confidence in the council of ministers shall be granted by a majority of votes in the presence of at least half of the statutory number of deputies. article 161 the president of the republic, on request of the prime minister, shall effect changes in the composition of the council of ministers. article 162 the prime minister shall submit the resignation of the council of ministers at the first sitting of a newly elected sejm. the prime minister shall also submit the resignation of the council of ministers in the following instances: when a vote of confidence in the council of ministers has not been passed by the sejm; when a vote of no confidence has been passed against the council of ministers; when the prime minister himself has resigned from office. the president of the republic, when accepting the resignation of the council of ministers, shall oblige it to continue with its duties until a new council of ministers is appointed. the president of the republic may, in the case referred to in para. 2, subpara. 3 above, refuse to accept the resignation of the council of ministers. chapter vii. local self-government article 163 local self-government shall perform public tasks not reserved by the constitution or statutes to the organs of other public authorities. article 164 the commune (gmina) shall be the basic unit of local self-government. other units of regional and/or local self-government shall be specified by statute. the commune shall perform all tasks of local self-government not reserved to other units of local self-government. article 165 units of local self-government shall possess legal personality. they shall have rights of ownership and other property rights. the self-governing nature of units of local self-government shall be protected by the courts. article 166 public duties aimed at satisfying the needs of a self-governing community shall be performed by units of local self-government as their direct responsibility. if the fundamental needs of the state shall so require, a statute may instruct units of local self-government to perform other public duties. the mode of transfer and manner of performance of the duties so allocated shall be specified by statute. the administrative courts shall settle jurisdictional disputes between units of local self-government and units of government administration. article 167 units of local self-government shall be assured public funds adequate for the performance of the duties assigned to them. the revenues of units of local self-government shall consist of their own revenues as well as general subsidies and specific grants from the state budget. the sources of revenues for units of local self-government shall be specified by statute. alterations to the scope of duties and authorities of units of local self-government shall be made in conjunction with appropriate alterations to their share of public revenues. article 168 to the extent established by statute, units of local self-government shall have the right to set the level of local taxes and charges. article 169 units of local self-government shall perform their duties through constitutive and executive organs. elections to constitutive organs shall be universal, direct, equal and shall be conducted by secret ballot. the principles and procedures for submitting candidates and for the conduct of elections, as well as the requirements for the validity of elections, shall be specified by statute. the principles and procedures for the election and dismissal of executive organs of units of local self-government shall be specified by statute. the internal organizational structure of units of local self-government shall be specified, within statutory limits, by their constitutive organs. article 170 members of a self-governing community may decide, by means of a referendum, matters concerning their community, including the dismissal of an organ of local self-government established by direct election. the principles of and procedures for conducting a local referendum shall be specified by statute. article 171 the legality of actions by a local self-government shall be subject to review. the organs exercising review over the activity of units of local self-government shall be: the prime minister and voivodes and regarding financial matters regional audit chambers. on a motion of the prime minister, the sejm may dissolve a constitutive organ of local self-government if it has flagrantly violated the constitution or a statute. article 172 units of local self-government shall have the right to associate. a unit of local self-government shall have the right to join international associations of local and regional communities as well as cooperate with local and regional communities of other states. the principles governing the exercise of the rights referred to in paras. 1 and 2 above by units of local self-government shall be specified by statute. chapter viii. courts and tribunals article 173 the courts and tribunals shall constitute a separate power and shall be independent of other branches of power. article 174 the courts and tribunals shall pronounce judgments in the name of the republic of poland. article 175 the administration of justice in the republic of poland shall be implemented by the supreme court, the common courts, administrative courts and military courts. extraordinary courts or summary procedures may be established only during a time of war. article 176 court proceedings shall have at least two stages. the organizational structure and jurisdiction as well as procedure of the courts shall be specified by statute. article 177 the common courts shall implement the administration of justice concerning all matters save for those statutorily reserved to other courts. article 178 judges, within the exercise of their office, shall be independent and subject only to the constitution and statutes. judges shall be provided with appropriate conditions for work and granted remuneration consistent with the dignity of their office and the scope of their duties. a judge shall not belong to a political party, a trade union or perform public activities incompatible with the principles of independence of the courts and judges. article 179 judges shall be appointed for an indefinite period by the president of the republic on the motion of the national council of the judiciary. article 180 judges shall not be removable. recall of a judge from office, suspension from office, removal to another bench or position against his will, may only occur by virtue of a court judgment and only in those instances prescribed in statute. a judge may be retired as a result of illness or infirmity which prevents him discharging the duties of his office. the procedure for doing so, as well as for appealing against such decision, shall be specified by statute. a statute shall establish an age limit beyond which a judge shall proceed to retirement. where there has been a reorganization of the court system or changes to the boundaries of court districts, a judge may be allocated to another court or retired with maintenance of his full remuneration. article 181 a judge shall not, without prior consent granted by a court specified by statute, be held criminally responsible nor deprived of liberty. a judge shall be neither detained nor arrested, except for cases when he has been apprehended in the commission of an offence and in which his detention is necessary for securing the proper course of proceedings. the president of the competent local court shall be forthwith notified of any such detention and may order an immediate release of the person detained. article 182 a statute shall specify the scope of participation by the citizenry in the administration of justice. article 183 the supreme court shall exercise supervision over common and military courts regarding judgments. the supreme court shall also perform other activities specified in the constitution and statutes. the first president of the supreme court shall be appointed by the president of the republic for a 6-year term of office from amongst candidates proposed by the general assembly of the judges of the supreme court. article 184 the chief administrative court and other administrative courts shall exercise, to the extent specified by statute, control over the performance of public administration. such control shall also extend to judgments on the conformity to statute of resolutions of organs of local self-government and normative acts of territorial organs of government administration. article 185 the president of the chief administrative court shall be appointed by the president of the republic for a 6-year term of office from amongst candidates proposed by the general assembly of the judges of the chief administrative court. article 186 the national council of the judiciary shall safeguard the independence of courts and judges. the national council of the judiciary may make application to the constitutional tribunal regarding the conformity to the constitution of normative acts to the extent to which they relate to the independence of courts and judges. article 187 the national council of the judiciary shall be composed as follows: the first president of the supreme court, the minister of justice, the president of the chief administrative court and an individual appointed by the president of the republic; 15 judges chosen from amongst the judges of the supreme court, common courts, administrative courts and military courts; 4 members chosen by the sejm from amongst its deputies and 2 members chosen by the senate from amongst its senators. the national council of the judiciary shall choose, from amongst its members, a chairperson and two deputy chairpersons. the term of office of those chosen as members of the national council of the judiciary shall be 4 years. the organizational structure, the scope of activity and procedures for work of the national council of the judiciary, as well as the manner of choosing its members, shall be specified by statute. the constitutional tribunal article 188 the constitutional tribunal shall adjudicate regarding the following matters: the conformity of statutes and international agreements to the constitution; the conformity of a statute to ratified international agreements whose ratification required prior consent granted by statute; the conformity of legal provisions issued by central state organs to the constitution, ratified international agreements and statutes; the conformity to the constitution of the purposes or activities of political parties; complaints concerning constitutional infringements, as specified in article 79, para. 1. article 189 the constitutional tribunal shall settle disputes over authority between central constitutional organs of the state. article 190 judgments of the constitutional tribunal shall be of universally binding application and shall be final. judgments of the constitutional tribunal regarding matters specified in article 188, shall be required to be immediately published in the official publication in which the original normative act was promulgated. if a normative act has not been promulgated, then the judgment shall be published in the official gazette of the republic of poland, monitor polski. a judgment of the constitutional tribunal shall take effect from the day of its publication, however, the constitutional tribunal may specify another date for the end of the binding force of a normative act. such time period may not exceed 18 months in relation to a statute or 12 months in relation to any other normative act. where a judgment has financial consequences not provided for in the budget, the constitutional tribunal shall specify date for the end of the binding force of the normative act concerned, after seeking the opinion of the council of ministers. a judgment of the constitutional tribunal on the non-conformity to the constitution, an international agreement or statute, of a normative act on the basis of which a legally effective judgment of a court, a final administrative decision or settlement of other matters was issued, shall be a basis for re-opening proceedings, or for quashing the decision or other settlement in a manner and on principles specified in provisions applicable to the given proceedings. judgments of the constitutional tribunal shall be made by a majority of votes. article 191 the following may make application to the constitutional tribunal regarding matters specified in article 188: the president of the republic, the marshal of the sejm, the marshal of the senate, the prime minister, 50 deputies, 30 senators, the first president of the supreme court, the president of the chief administrative court, the public prosecutor-general, the president of the supreme chamber of control and the commissioner for citizens' rights, the national council of the judiciary, to the extent specified in article 186, para. 2; the constitutive organs of units of local self-government; the national organs of trade unions as well as the national authorities of employers' organizations and occupational organizations; churches and religious organizations; the subjects referred to in article 79 to the extent specified therein. the subjects referred to in para. 1 subparas. 3-5, above, may make such application if the normative act relates to matters relevant to the scope of their activity. article 192 the following persons may make application to the constitutional tribunal in respect of matters specified in article 189: the president of the republic, the marshal of the sejm, the marshal of the senate, the prime minister, the first president of the supreme court, the president of the chief administrative court and the president of the supreme chamber of control. article 193 any court may refer a question of law to the constitutional tribunal as to the conformity of a normative act to the constitution, ratified international agreements or statute, if the answer to such question of law will determine an issue currently before such court. article 194 the constitutional tribunal shall be composed of 15 judges chosen individually by the sejm for a term of office of 9 years from amongst persons distinguished by their knowledge of the law. no person may be chosen for more than one term of office. the president and vice-president of the constitutional tribunal shall be appointed by the president of the republic from amongst candidates proposed by the general assembly of the judges of the constitutional tribunal. article 195 judges of the constitutional tribunal, in the exercise of their office, shall be independent and subject only to the constitution. judges of the constitutional tribunal shall be provided with appropriate conditions for work and granted remuneration consistent with the dignity of the office and the scope of their duties. judges of the constitutional tribunal, during their term of office, shall not belong to a political party, a trade union or perform public activities incompatible with the principles of the independence of the courts and judges. article 196 a judge of the constitutional tribunal shall not be held criminally responsible or deprived of liberty without prior consent granted by the constitutional tribunal. a judge shall be neither detained nor arrested, except for cases when he has been apprehended in the commission of an offence and in which his detention is necessary for securing the proper course of proceedings. the president of the constitutional tribunal shall be notified forthwith of any such detention and may order an immediate release of the person detained. article 197 the organization of the constitutional tribunal, as well as the mode of proceedings before it, shall be specified by statute. the tribunal of state article 198 for violations of the constitution or of a statute committed by them within their office or within its scope, the following persons shall be constitutionally accountable to the tribunal of state: the president of the republic, the prime minister and members of the council of ministers, the president of the national bank of poland, the president of the supreme chamber of control, members of the national council of radio broadcasting and television, persons to whom the prime minister has granted powers of management over a ministry, and the commander-in-chief of the armed forces. deputies and senators shall also be constitutionally accountable to the tribunal of state to extent specified in article 107. the types of punishment which the tribunal of state may impose shall be specified by statute. article 199 the tribunal of state shall be composed of a chairperson, two deputy chairpersons and 16 members chosen by the sejm for the current term of office of the sejm from amongst those who are not deputies or senators. the deputy chairpersons of the tribunal and at least one half of the members of the tribunal shall possess the qualifications required to hold the office of judge. the first president of the supreme court shall be chairperson of the tribunal of state. the members of the tribunal of state, within the exercise of their office as judges of the tribunal, shall be independent and subject only to the constitution and statutes. article 200 a member of the tribunal of state shall not be held criminally responsible nor deprived of liberty without prior consent granted by the tribunal of state. a member of the tribunal of state shall be neither detained nor arrested, except for cases when he has been apprehended in the commission of an offence and in which his detention is necessary for securing the proper course of proceedings. the chairperson of the tribunal of state shall be notified forthwith of any such detention and may order an immediate release of the person detained. article 201 the organization of the tribunal of state, as well as the mode of proceedings before it, shall be specified by statute. chapter ix. organs of state control and for defence of rights the supreme chamber of control article 202 the supreme chamber of control shall be the chief organ of state audit. the supreme chamber of control shall be subordinate to the sejm. the supreme chamber of control shall act in accordance with the principles of collegiality. article 203 the supreme chamber of control shall audit the activity of the organs of government administration, the national bank of poland, state legal persons and other state organizational units regarding the legality, economic prudence, efficacy and diligence. the supreme chamber of control may audit the activity of the organs of local self-government, communal legal persons and other communal organizational units regarding the legality, economic prudence and diligence. the supreme chamber of control may also audit, regarding the legality and economic prudence, the activity of other organizational units and economic subjects, to the extent to which they utilize state or communal property or resources or satisfy financial obligations to the state. article 204 the supreme chamber of control shall present to the sejm: an analysis of the implementation of the state budget and the purposes of monetary policy; an opinion concerning the vote to accept the accounts for the preceding year budget presented by the council of ministers; information on the results of audits, conclusions and submissions specified by statute. the supreme chamber of control shall present an annual report on its activities to the sejm. article 205 the president of the supreme chamber of control shall be appointed by the sejm, with the consent of the senate, for a period of 6 years, which may be extended for one more period only. the president of the supreme chamber of control shall not hold any other post, except for a professorship in an institute of higher education, nor perform any other professional activities. the president of the supreme chamber of control shall not belong to a political party, a trade union or perform public activities incompatible with the dignity of his office. article 206 the president of the supreme chamber of control shall not be held criminally responsible nor deprived of liberty without prior consent granted by the sejm. the president of the supreme chamber of control shall be neither detained nor arrested, except for cases when he has been apprehended in the commission of an offence and in which his detention is necessary for securing the proper course of proceedings. the marshal of the sejm shall be notified forthwith of such detention and may order an immediate release of the person detained. article 207 the organization and mode of work of the supreme chamber of control shall be specified by statute. the commissioner for citizens&#' rights article 208 the commissioner for citizens' rights shall safeguard the freedoms and rights of persons and citizens specified in the constitution and other normative acts. the scope and mode of work of the commissioner for citizens' rights shall be specified by statute. article 209 the commissioner for citizens' rights shall be appointed by the sejm, with the consent of the senate, for a period of 5 years. the commissioner for citizens' rights shall not hold any other post, except for a professorship in an institute of higher education, nor perform any other professional activities. the commissioner for citizens' rights shall not belong to a political party, a trade union or perform other public activities incompatible with the dignity of his office. article 210 the commissioner for citizens' rights shall be independent in his activities, independent of other state organs and shall be accountable only to the sejm in accordance with principles specified by statute. article 211 the commissioner for citizens' rights shall not be held criminally responsible nor deprived of liberty without prior consent granted by the sejm. the commissioner for citizens' rights shall be neither detained nor arrested, except for cases when he has been apprehended in the commission of an offence and in which his detention is necessary for securing the proper course of proceedings. the marshal of the sejm shall be notified forthwith of any such detention and may order an immediate release of the person detained. article 212 the commissioner for citizens' rights shall annually inform the sejm and the senate about his activities and report on the degree of respect accorded to the freedoms and rights of persons and citizens. the national council of radio broadcasting and television article 213 the national council of radio broadcasting and television shall safeguard the freedom of speech, the right to information as well as safeguard the public interest regarding radio broadcasting and television. the national council of radio broadcasting and television shall issue regulations and, in individual cases, adopt resolutions. article 214 the members of the national council of radio broadcasting and television shall be appointed by the sejm, the senate and the president of the republic. a member of the national council of radio broadcasting and television shall not belong to a political party, a trade union or perform public activities incompatible with the dignity of his function. article 215 the principles for and mode of work of the national council of radio broadcasting and television, its organization and detailed principles for appointing its members, shall be specified by statute. chapter x. public finances article 216 financial resources devoted to public purposes shall be collected and disposed of in the manner specified by statute. the acquisition, disposal and encumbrance of property, stocks or shares, issue of securities by the state treasury, the national bank of poland or other state legal persons shall be done in accordance with principles and by procedures specified by statute. any monopoly shall be established by means of statute. the contracting of loans as well as granting guarantees and financial sureties by the state shall be done in accordance with principles and by procedures specified by statute. it shall be neither permissible to contract loans nor provide guarantees and financial sureties which would engender a national public debt exceeding three-fifths of the value of the annual gross domestic product. the method for calculating the value of the annual gross domestic product and national public debt shall be specified by statute. article 217 the imposition of taxes, as well as other public imposts, the specification of those subject to the tax and the rates of taxation, as well as the principles for granting tax reliefs and remissions, along with categories of taxpayers exempt from taxation, shall be by means of statute. article 218 the organization of the state treasury and the manner of management of the assets of the state treasury shall be specified by statute. article 219 the sejm shall adopt the state budget for a fiscal year by means of a budget [ustawa budzetowa budgetary statute]. the principles of and procedure for preparation of a draft state budget, the level of its detail and the requirements for a draft state budget, as well as the principles of and procedure for implementation of the budget, shall be specified by statute. in exceptional cases, the revenues and expenditures of the state for a period shorter than one year may be specified in an interim budget. the provisions relating to a draft state budget shall apply, as appropriate, to a draft interim budget. if a state budget or an interim budget have not come into force on the day of commencement of a fiscal year, the council of ministers shall manage state finances pursuant to the draft budget. article 220 the increase in spending or the reduction in revenues from those planned by the council of ministers may not lead to the adoption by the sejm of a budget deficit exceeding the level provided in the draft budget. the budget shall not provide for covering a budget deficit by way of contracting credit obligations to the state's central bank. article 221 the right to introduce legislation concerning a budget, an interim budget, amendments to the budget, a statute on the contracting of public debt, as well as a statute granting financial guarantees by the state, shall belong exclusively to the council of ministers. article 222 the council of ministers shall submit to the sejm a draft budget for the next year no later than 3 months before the commencement of the fiscal year. in exceptional instances, the draft may be submitted later. article 223 the senate may, within the 20 days following receipt of the budget, adopt amendments thereto. article 224 the president of the republic shall sign the budget or interim budget submitted to him by the marshal of the sejm within 7 days of receipt thereof, and order its promulgation in the journal of laws of the republic of poland (dziennik ustaw). the provisions of article 122, para. 5 shall not apply to the budget or any interim budget. if the president of the republic has made reference to the constitutional tribunal for an adjudication upon the conformity to the constitution of the budget or interim budget before signing it, the tribunal shall adjudicate such matter no later than within a period of 2 months from the day of submission of such reference to the tribunal. article 225 if, after 4 months from the day of submission of a draft budget to the sejm, it has not been adopted or presented to the president of the republic for signature, the president of the republic may, within the following of 14 days, order the shortening of the sejm's term of office. article 226 the council of ministers, within the 5-month period following the end of the fiscal year, shall present to the sejm a report on the implementation of the budget together with information on the condition of the state debt. within 90 days following receipt of the report, the sejm shall consider the report presented to it, and, after seeking the opinion of the supreme chamber of control, shall pass a resolution on whether to grant or refuse to grant approval of the financial accounts submitted by the council of ministers. article 227 the central bank of the state shall be the national bank of poland. it shall have the exclusive right to issue money as well as to formulate and implement monetary policy. the national bank of poland shall be responsible for the value of polish currency. the organs of the national bank of poland shall be: the president of the national bank of poland, the council for monetary policy as well as the board of the national bank of poland. the sejm, on request of the president of the republic, shall appoint the president of the national bank of poland for a period of 6 years. the president of the national bank of poland shall not belong to a political party, a trade union or perform public activities incompatible with the dignity of his office. the council for monetary policy shall be composed of the president of the national bank of poland, who shall preside over it, as well as persons distinguished by their knowledge of financial matters appointed, in equal numbers, by the president of the republic, the sejm and the senate for a period of 6 years. the council for monetary policy shall annually formulate the aims of monetary policy and present them to the sejm at the same time as the submission of the council of ministers' draft budget. within 5 months following the end of the fiscal year, the council for monetary policy shall submit to the sejm a report on the achievement of the purposes of monetary policy. the organization and principles of activity of the national bank of poland, as well as detailed principles for the appointment and dismissal of its organs, shall be specified by statute. chapter xi. extraordinary measures article 228 in situations of particular danger, if ordinary constitutional measures are inadequate, any of the following appropriate extraordinary measures may be introduced: martial law, a state of emergency or a state of natural disaster. extraordinary measures may be introduced only by regulation, issued upon the basis of statute, and which shall additionally require to be publicized. the principles for activity by organs of public authority as well as the degree to which the freedoms and rights of persons and citizens may be subject to limitation for the duration of a period requiring any extraordinary measures shall be established by statute. a statute may specify the principles, scope and manner of compensating for loss of property resulting from limitation of the freedoms and rights of persons and citizens during a period requiring introduction of extraordinary measures. actions undertaken as a result of the introduction of any extraordinary measure shall be proportionate to the degree of threat and shall be intended to achieve the swiftest restoration of conditions allowing for the normal functioning of the state. during a period of introduction of extraordinary measures, the following shall not be subject to change: the constitution, the acts on elections to the sejm, the senate and organs of local self-governments, the act on elections to the presidency, as well as statutes on extraordinary measures. during a period of introduction of extraordinary measures, as well as within the period of 90 days following its termination, the term of office of the sejm may not be shortened, nor may a nationwide referendum, nor elections to the sejm, senate, organs of local self-government nor elections for the presidency be held, and the term of office of such organs shall be appropriately prolonged. elections to organs of local self-government shall be possible only in those places where the extraordinary measures have not been introduced. article 229 in the case of external threats to the state, acts of armed aggression against the territory of the republic of poland or when an obligation of common defence against aggression arises by virtue of international agreement, the president of the republic may, on request of the council of ministers, declare a state of martial law in a part of or upon the whole territory of the state. article 230 in the case of threats to the constitutional order of the state, to security of the citizenry or public order, the president of the republic may, on request of the council of ministers, introduce for a definite period no longer than 90 days, a state of emergency in a part of or upon the whole territory of the state. extension of a state of emergency may be made once only for a period no longer than 60 days and with the consent of the sejm. article 231 the president of the republic shall submit the regulation on the introduction of martial law or a state of emergency to the sejm within 48 hours of signing such regulation. the sejm shall immediately consider the regulation of the president. the sejm, by an absolute majority of votes taken in the presence of at least half the statutory number of deputies, may annul the regulation of the president. article 232 in order to prevent or remove the consequences of a natural catastrophe or a technological accident exhibiting characteristics of a natural disaster, the council of ministers may introduce, for a definite period no longer than 30 days, a state of natural disaster in a part of or upon the whole territory of the state. an extension of a state of natural disaster may be made with the consent of the sejm. article 233 the statute specifying the scope of limitation of the freedoms and rights of persons and citizens in times of martial law and states of emergency shall not limit the freedoms and rights specified in article 30 (the dignity of the person), article 34 and article 36 (citizenship), article 38 (protection of life), article 39, article 40 and article 41, para.4 (humane treatment), article 42 (ascription of criminal responsibility), article 45 (access to a court), article 47 (personal rights), article 53 (conscience and religion), article 63 (petitions), as well as article 48 and article 72 (family and children). limitation of the freedoms and rights of persons and citizens only by reason of race, gender, language, faith or lack of it, social origin, ancestry or property shall be prohibited. the statute specifying the scope of limitation of the freedoms and rights of persons and citizens during states of natural disasters may limit the freedoms and rights specified in article 22 (freedom of economic activity), article 41, paras. 1, 3 and 5 (personal freedom), article 50 (inviolability of the home), article 52, para. 1 (freedom of movement and sojourn on the territory of the republic of poland), article 59, para. 3 (the right to strike), article 64 (the right of ownership), article 65, para. 1 (freedom to work), article 66, para. 1 (the right to safe and hygienic conditions of work) as well as article 66, para. 2 (the right to rest). article 234 whenever, during a period of martial law, the sejm is unable to assemble for a sitting, the president of the republic shall, on application of the council of ministers, and within the scope and limits specified in article 228, paras. 3-5, issue regulations having the force of statute. such regulations must be approved by the sejm at its next sitting. the regulations, referred to in para.1 above shall have the character of universally binding law. chapter xii. amending the constitution article 235 a bill to amend the constitution may be submitted by the following: at least one-fifth of the statutory number of deputies; the senate; or the president of the republic. amendments to the constitution shall be made by means of a statute adopted by the sejm and, thereafter, adopted in the same wording by the senate within a period of 60 days. the first reading of a bill to amend the constitution may take place no sooner than 30 days after the submission of the bill to the sejm. a bill to amend the constitution shall be adopted by the sejm by a majority of at least two-thirds of votes in the presence of at least half of the statutory number of deputies, and by the senate by an absolute majority of votes in the presence of at least half of the statutory number of senators. the adoption by the sejm of a bill amending the provisions of chapters i, ii or xii of the constitution shall take place no sooner than 60 days after the first reading of the bill. if a bill to amend the constitution relates to the provisions chapters i, ii or xii, the subjects specified in para. 1 above may require, within 45 days of the adoption of the bill by the senate, the holding of a confirmatory referendum. such subjects shall make application in the matter to the marshal of the sejm, who shall order the holding of a referendum within 60 days of the day of receipt of the application. the amendment to the constitution shall be deemed accepted if the majority of those voting express support for such amendment. after conclusion of the procedures specified in para 4 and 6 above, the marshal of the sejm shall submit the adopted statute to the president of the republic for signature. the president of the republic shall sign the statute within 21 days of its submission and order its promulgation in the journal of laws of the republic of poland (dziennik ustaw). chapter xiii. final and transitional provisions article 236 within a period of 2 years from the day on which the constitution comes into force, the council of ministers shall present to the sejm such bills as are necessary for the implementation of the constitution. statutes bringing article 176 para. 1 into effect, to the extent relevant to proceedings before administrative courts, shall be adopted before the end of 5 years from the day on which the constitution comes into force. the provisions relating to extraordinary review of judgments by the chief administrative court shall remain in effect until the entry into force of such statutes. article 237 within the 4-year period following the coming into force of this constitution, cases of misdemeanours shall be heard and determined by the boards for adjudication of misdemeanours attached to district courts, but the punishment of arrest may be imposed only by a court. appeals from a judgment of a board shall be considered by a court. article 238 the term of office of constitutional organs of public power and the individuals composing them, whether elected or appointed before the coming into force of the constitution, shall end with the completion of the period specified in provisions valid before the day on which the constitution comes into force. in the event that provisions valid prior to the entry into force of the constitution do not specify any such term of office, and from the election or appointment there has expired a period longer than that specified in the constitution, the constitutional term of office of organs of public power or individuals composing them shall end one year after the day on which the constitution comes into force. if provisions valid before to the entry into force of the constitution do not specify any such term of office, and from the day of election or appointment there has expired a period shorter than that specified in the constitution, the time for which such organs or individuals shall serve in accordance with existing provisions shall be included in the term of office specified in the constitution. article 239 within 2 years of the day on which the constitution comes into force a judgment of the constitutional tribunal of the non-conformity to the constitution of statutes adopted before its coming into force shall not be final and shall be required to be considered by the sejm which may reject the judgment of the constitutional tribunal by a two-third majority vote in the presence of at least half of the statutory number of deputies. the foregoing provision shall not concern judgments issued in response to questions of law submitted to the constitutional tribunal. proceedings in cases to formulate a universally binding interpretation of statutes by the constitutional tribunal instituted before the coming into force of the constitution, shall be discontinued. on the day on which the constitution comes into force, resolutions of the constitutional tribunal on interpretation of statutes shall lose their universally binding force, but final judgments of the courts and other final decisions made by organs of public authority whilst taking into account the meaning of provisions as decided by the constitutional tribunal by way of universally binding interpretation of statutes, shall remain in force. article 240 within one year of the day on which the constitution comes into force, the budget may allow for the covering of the budget deficit by contracting debt in the central bank of the state. article 241 international agreements, previously ratified by the republic of poland upon the basis of constitutional provisions valid at the time of their ratification and promulgated in dziennik ustaw, shall be considered as agreements ratified with prior consent granted by statute, and shall be subject to the provisions of article 91 of the constitution if their connection with the categories of matters mentioned in article 89, para. 1 of the constitution derives from the terms of an international agreement. the council of ministers shall, within 2 years of the coming into force of the constitution, present to the sejm a list of international agreements containing provisions not in conformity to the constitution. senators, elected before the day on which the constitution comes into force, who have not attained 30 years of age, shall maintain their seats until the end of the term of office for which they were elected. joint holding of the mandate of a deputy or senator with a function or employment forbidden by article 103, shall result in the expiry of the mandate after one month from the day on which the constitution comes into force, unless the deputy or senator resigns from such function or such employment ceases. cases subject to legislative procedure or under consideration by the constitutional tribunal or the tribunal of state, and which have been commenced before the coming into force of the constitution, shall be conducted in accordance with the constitutional provisions valid on the day of the commencement thereof. within 2 years of the coming into force of the constitution, the council of ministers shall identify which resolutions of the council of ministers and orders of ministers or other organs of government administration adopted or issued prior to the day on which the constitution comes into force require, pursuant to the conditions specified in article 87, para. 1 and article 92 of the constitution, are to be replaced by regulations issued upon the basis of statutes to be drafted and submitted, at the appropriate time, to the sejm by the council of ministers. at the same time, the council of ministers shall submit to the sejm a bill specifying those normative acts issued by the government administration before the day on which the constitution comes into force which shall become resolutions or orders within the meaning of article 93 of the constitution. enactments of local law as well as provisions issued by communes shall become enactments of local law within the meaning of article 87, para. 2 of the constitution. article 242 the following are hereby repealed: the constitutional act of 17th october 1992, on the mutual relations between the legislative and executive institutions of the republic of poland and on local self-government (dziennik ustaw of 1992 no. 84, item 426; of 1995 no. 38, item 184, no. 150, item 729 as well as of 1996 no. 106, item 488); the constitutional act of 23rd april 1992 on the procedure for preparing and enacting a constitution for the republic of poland (dziennik ustaw of 1992 no. 67, item 336; and of 1994 no. 61, item 251). article 243 the constitution of the republic of poland shall come into force on the expiry of the 3â­month period following the day of its promulgation. preamble in the holy name of god, the almighty, the ever loving whereas sovereignty over the universe belongs to the omni-present god alone, and the authority to be exercised by the people of samoa within the limits prescribed by god's commandments is a sacred heritage; whereas the leaders of samoa have declared that samoa should be an independent state based on christian principles and samoan custom and tradition; and whereas the constitutional convention, representing the people of samoa, has resolved to frame a constitution for the independent state of samoa; wherein the state should exercise its powers and authority through the chosen representatives of the people; wherein should be secured to all the people their fundamental rights; wherein the impartial administration of justice should be fully maintained; and wherein the integrity of samoa, its independence, and all its rights should be safeguarded; now therefore, we the people of samoa in our constitutional convention, this twenty-eighth day of october 1960, do hereby adopt, enact, and give to ourselves this constitution. part i. the independent state of samoa and its supreme law 1. name and description the independent state of samoa (hereinafter referred to as samoa) shall be free and sovereign. samoa shall comprise the islands of upolu, savaii, manono and apolima in the south pacific ocean, together with all other islands adjacent thereto and lying between the 13th and 15th degrees of south latitude and the 171st and 173rd degrees of longitude west of greenwich. samoa is a christian nation founded on god the father, the son and the holy spirit. 2. the supreme law this constitution shall be the supreme law of samoa. any existing law and any law passed after the date of coming into force of this constitution which is inconsistent with this constitution shall, to the extent of the inconsistency, be void. part ii. fundamental rights 3. definition of the state in this part, unless the context otherwise requires, "the state" includes the head of state, cabinet, parliament and all local and other authorities established under any law. 4. remedies for enforcement of rights any person may apply to the supreme court by appropriate proceedings to enforce the rights conferred under the provisions of this part. the supreme court shall have power to make all such orders as may be necessary and appropriate to secure to the applicant the enjoyment of any of the rights conferred under the provisions of this part. 5. right to life no person shall be deprived of his or her life intentionally, except in the execution of a sentence of a court following his or her conviction of an offence for which this penalty is provided by act. deprivation of life shall not be regarded as having been inflicted in contravention of the provisions of this article when it results from the use of force to such extent and in such circumstances as are prescribed by law and as are reasonably justifiable in defence of any person from violence; or in order to effect an arrest or to prevent the escape of a person detained, if the person who is being arrested or who is escaping is believed on reasonable grounds to be in possession of a firearm; or for the purpose of suppressing a riot, insurrection or mutiny. 6. right to personal liberty no person shall be deprived of his or her personal liberty except in accordance with law. where complaint is made to the supreme court that a person is being unlawfully detained, the court shall inquire into the complaint and, unless satisfied that the detention is lawful, shall order him or her to be produced before the court and shall release him. every person who is arrested shall be informed promptly of the grounds of his or her arrest and of any charge against him or her and shall be allowed to consult a legal practitioner of his or her own choice without delay. every person who is arrested or otherwise detained shall be produced before a judge of the supreme court, some other judicial officer, the registrar of the supreme court or of any subordinate court or any assistant registrar of the supreme court or of any subordinate court from time to time approved in writing for this purpose by the registrar of the supreme court (herein-after collectively referred to as "remanding officers") within a period of twenty-four hours (excluding the time of any necessary journey), and no such person shall be detained beyond that period without the authority of one of the remanding officers. 7. freedom from inhuman treatment no person shall be subjected to torture or to inhuman or degrading treatment or punishment. 8. freedom from forced labour no person shall be required to perform forced or compulsory labour. for the purposes of this article, the term "forced or compulsory labour" shall not include any work required to be done in consequence of a sentence of a court; or any service of a military character or, in the case of conscientious objectors, service exacted instead of compulsory military service; or any service exacted in case of an emergency or calamity threatening the life or well-being of the community; or any work or service which is required by samoan custom or which forms part of normal civic obligations. 9. right to a fair trial in the determination of his or her civil rights and obligations or of any charge against him or her for any offence, every person is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established under the law. judgement shall be pronounced in public, but the public and representatives of news service may be excluded from all or part of the trial in the interests of morals, public order or national security, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice. nothing in clause (1) shall invalidate any law by reason only that it confers upon a tribunal, minister or other authority power to determine questions arising in the administration of any law that affect or may affect the civil rights of any person. every person charged with an offence shall be presumed innocent until proved guilty according to law. every person charged with an offence has the following minimum rights: to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him: to have adequate time and facilities for the preparation of his or her defence: to defend himself or herself in person or through legal assistance of his or her own choosing and, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require: to examine or have examined witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him: to have the free assistance of an interpreter, if any doubt exists as to whether he can understand or speak the language used in court. no person accused of any offence shall be compelled to be a witness against himself or herself. 10. rights concerning criminal law no person shall be convicted of an offence other than an offence defined by law. no person shall be held guilty of any offence on account of any act or omission which did not constitute an offence at the time when it was committed; nor shall a heavier penalty be imposed than the one that was applicable at the time that the offence was committed. no person who has been tried for any offence shall, after conviction or acquittal, again be tried for that offence except where a retrial is ordered or conducted by a court or judicial officer exercising a jurisdiction superior to that under which that person was acquitted or convicted; or in the case of a conviction entered in a trial conducted by a judge or judges of the supreme court, where a retrial is ordered by a judge of that court on an application made within fourteen days of that conviction. 11. freedom of religion every person has the right to freedom of thought, conscience and religion; this right includes freedom to change his or her religion or belief, and freedom, either alone or in community with others, and, in public or private, to manifest and propagate his or her religion or belief in worship, teaching, practice and observance. nothing in clause (1) shall affect the operation of any existing law or prevent the state from making any law in so far as that existing law or the law so made imposes reasonable restrictions on the exercise of the right conferred under the provisions of that clause in the interests of national security or of public order, health or morals, or for protecting the rights and freedom of others, including their rights and freedom to observe and practice their religion without the unsolicited interference of members of other religions. 12. rights concerning religious instruction no person attending any educational institution shall be required to receive religious instruction or take part in any religious ceremony or attend religious worship, if that instruction, ceremony or worship relates to a religion other than his or her own. every religious community or denomination shall have the right to establish and maintain educational institutions of its own choice and to provide therein religious instruction for pupils of that community or denomination. nothing in clause (2) shall prevent the state from making any law requiring the inspection of educational institutions and the maintenance therein of standards in keeping with the general educational level in samoa. 13. rights regarding freedom of speech, assembly, association, movement and residence all citizens of samoa shall have the right to freedom of speech and expression; and to assemble peaceably and without arms; and to form associations or unions; and to move freely throughout samoa and to reside in any part thereof. nothing in subclause (a) of clause (1) shall affect the operation of any existing law or prevent the state from making any law in so far as that existing law or the law so made imposes reasonable restrictions on the exercise of the right conferred under the provisions of that subclause in the interests of national security, friendly relations with other states, or public order or morals, for protecting the privileges of the legislative assembly, for preventing the disclosure of information received in confidence, or for preventing contempt of court, defamation or incitement to any offence. nothing in subclauses (b) or (c) of clause (1) shall affect the operation of any existing law or prevent the state from making any law in so far as that existing law or the law so made imposes reasonable restrictions on the exercise of either or both of the rights conferred under the provisions of those subclauses in the interests of national security or public order, health or morals. nothing in subclause (d) of clause (1) shall affect the operation of any existing law or prevent the state from making any law in so far as that existing law or the law so made imposes reasonable restrictions on the exercise of the right conferred under the provisions of that subclause in the interests of national security, the economic well-being of samoa, or public order, health or morals, for detaining persons of unsound mind, for preventing any offence, for the arrest and trial of persons charged with offences, or for punishing offenders. 14. rights regarding property no property shall be taken possession of compulsorily, and no right over or interest in any property shall be acquired compulsorily, except under the law which, of itself or when read with any other law requires the payment within a reasonable time of adequate compensation therefore; and gives to any person claiming that compensation a right of access, for the determination of his or her interest in the property and the amount of compensation, to the supreme court; and gives to any party to proceedings in the supreme court relating to such a claim the same rights of appeal as are accorded generally to parties to civil proceedings in that court sitting as a court of original jurisdiction. nothing in this article shall be construed as affecting any general law for the imposition or enforcement of any tax, rate or duty; or for the imposition of penalties or forfeitures for breach of the law, whether under civil process or after conviction of an offence; or relating to leases, tenancies, mortgages, charges, bills of sale, or any other rights or obligations arising out of contracts; or relating to the vesting and administration of the property of persons adjudged bankrupt or otherwise declared insolvent, of infants or persons suffering under some physical or mental disability, of deceased persons, and of companies, other corporate bodies and unincorporated societies, in the course of being wound up; or relating to the execution of judgements or orders of courts; or providing for the taking of possession of property which is in a dangerous state or is injurious to the health of human beings, plants or animals; or relating to trusts and trustees; or relating to the limitation of actions; or relating to property vested in statutory corporations; or relating to the temporary taking of possession of property for the purposes of any examination, investigation or inquiry; or providing for the carrying out of work on land for the purpose of soil conservation or for the protection of water catchment areas. 15. freedom from discriminatory legislation all persons are equal before the law and entitled to equal protection under the law. except as expressly authorised under the provisions of this constitution, no law and no executive or administrative action of the state shall, either expressly or in its practical application, subject any person or persons to any disability or restriction or confer on any person or persons any privilege or advantage on grounds only of descent, sex, language, religion, political or other opinion, social origin, place of birth, family status, or any of them. nothing in this article shall prevent the prescription of qualifications for the service of samoa or the service of a body corporate directly established under the law; or prevent the making of any provision for the protection or advancement of women or children or of any socially or educationally retarded class of persons. nothing in this article shall affect the operation of any existing law or the maintenance by the state of any executive or administrative practice being observed on independence day: provided that the state shall direct its policy towards the progressive removal of any disability or restriction which has been imposed on any of the grounds referred to in clause (2) and of any privilege or advantage which has been conferred on any of those grounds. part iii. the head of state 16. o le ao o le malo there shall be a head of state of samoa to be known as o le ao o le malo. 17. repealed by clause (5 article 17 ceased to be in force on the death of malietoa tanumafili ii on the eleventh day of may 2007 pursuant to clause (5). 18. election of head of state the head of state shall be appointed by the legislative assembly acting on the recommendation of the party or parties in government. a person shall not be qualified to be appointed to the office of head of state if he is not a person qualified to be elected as a member of parliament; or if he does not possess such other qualifications as the legislative assembly may determine from time to time by resolution; or if he has previously been removed from the office of head of state under the provisions of clause (2) of article 21. the validity of the appointment of the head of state shall not be contested in any court. within 60 days before expiry of the term of appointment of the head of state or as soon as practicable when there is a vacancy in the office of head of state, the party or parties in government shall submit to the speaker a written notice recommending the name of only one (1) person to be appointed as head of state. the speaker shall, as soon as possible after receiving the notice: if the legislative assembly is sitting, lay the notice before the legislative assembly to appoint the head of state; or if the legislative assembly is not sitting, fix a date for a sitting of the legislative assembly to appoint the head of state. the speaker shall issue and sign the warrant of appointment of the head of state. 19. term of office of head of state subject to the provisions of article 21, the head of state shall hold office for a term of five years from the date on which he assumes the functions of his or her office: provided that, notwithstanding the expiry of his or her term, he shall continue to hold office until his or her successor assumes the functions of his or her office or for a period of three months, whichever is the shorter period. subject to the provisions of this constitution, a person who holds, or who has held, office as head of state, shall be eligible for re-appointment to that office. if a vacancy in the office of head of state is caused by the death, resignation or removal of the head of state or by the expiry of the term of office, article 18 applies and the person appointed as head of state holds office for a term of five (5) years from the date on which the person takes the oath of office. 20. disabilities of head of state the head of state shall not hold any other office of profit or any other position carrying the right to remuneration for the rendering of services, or engage in any occupation for reward outside the functions of his or her office; but nothing in this clause shall prevent him or her from holding the pule over any customary land, from holding any freehold land or other private property, or from disposing of the produce of any customary or freehold land. 21. resignation and removal from office the head of state may resign his or her office by writing under his or her hand addressed to the prime minister, who shall forthwith advise the speaker of the legislative assembly of that resignation. the head of state may be removed from office by the legislative assembly on the ground of misbehaviour or of infirmity of body or mind. no proposal for the removal from office of the head of state under the provisions of clause (2) shall be effective unless notice of motion setting out the grounds for the proposed removal has been given in writing and signed by not less than one-fourth of the total number of members of parliament (including vacancies); and a period of at least fourteen days has elapsed between that notice and the debate on the motion; and the motion has been agreed to by not less than two-thirds of the total number of members of parliament (including vacancies). a resolution carried under the provisions of clause (3), shall have the effect of removing the head of state from his or her office as from the date on which the resolution is so carried. 22. salary of head of state the salary of the head of state shall be determined by act and shall be charged on the treasury fund, and that salary shall not be diminished during the period of office of the head of state, unless as part of a general reduction of salaries applied proportionately to all persons whose salaries are determined by act. 23. absence or incapacity while any vacancy exists in the office of head of state or during the absence from samoa of the head of state, the council of deputies shall perform the functions of the office of head of state. whenever the chief justice declares in writing that he is satisfied by evidence, which shall include, where possible, the evidence of the wife and of at least two physicians, that the head of state is by reason of infirmity of body or mind incapable for the time being of performing his or her functions as head of state, or that he is satisfied by evidence that the head of state is for some definite cause not available for the performance of those functions, then, until it is declared in like manner that the head of state has so far recovered his or her health as to warrant his or her resumption of the functions of the office of head of state or has become available for the performance thereof, as the case may be, those functions shall be performed by the council of deputies. 24. special provisions as to absence or incapacity while tupua tamasese meaole and malietoa tanumafili ii hold jointly the office of head of state, the following provisions shall apply: during any period for which one joint holder of office is absent from samoa or is incapable of, or not available for, the performance of his or her functions as head of state, the other joint holder shall perform those functions. during any period for which neither of the joint holders is able to perform the functions of the office of head of state, whether by reason of absence from samoa, incapacity or unavailability, the council of deputies shall perform those functions. for the purposes of this article, the chief justice shall determine, under the provisions of clause (2) of article 23, the period during which a joint holder is incapable of, or not available for, the performance of his or her functions as head of state. 25. council of deputies there shall be a council of deputies, which shall consist of one, two or three persons elected by the legislative assembly: provided that, if the assembly shall not have elected a council of deputies, the chief justice shall assume the functions of the council. a person shall not be qualified to be elected as, or to continue to be, a member of the council of deputies unless he is qualified to be appointed as head of state under the provisions of article 18. an election of members of the council of deputies shall be held as soon as possible after each election of a head of state: provided that, while the provisions of article 17 are in force, an election of members of the council of deputies shall be held as soon as possible after independence day and, thereafter, at intervals of not less than four years and nine months and not more than five years and three months. if at any time the number of members of the council of deputies is less than three, the legislative assembly may elect as a member of the council a person qualified to be elected under the provisions of clause (2), and any person so elected shall hold office until the next ensuing election held under the provisions of clause (3). subject to the provisions of clause (2), a member of the council of deputies shall be eligible for re-election. a member of the council of deputies may resign his or her office by writing under his or her hand addressed to the prime minister, who shall forthwith advise the speaker of the legislative assembly of that resignation. the legislative assembly may, on a motion carried by not less than two-thirds of the total number of members of parliament (including vacancies), remove from office a member of the council of deputies on the ground of stated misbehaviour or of infirmity of body or mind. the salaries of members of the council of deputies shall be determined by act and shall be charged on the treasury fund, but an act may provide that no such salary shall be payable to such a member for any period for which he is a full time salaried employee of the government. the salaries of such members shall not be diminished during their period of office, unless as part of a general reduction of salaries applied proportionately to all persons whose salaries are determined by act. a member of the council of deputies shall not be qualified to be elected as a member of parliament: provided that the provisions of this clause shall not disqualified a member of the council from being elected to the office of head of state. the council of deputies shall determine which of its members shall, from time to time, preside over the council. subject to the provisions of this constitution, the council of deputies may regulate its procedure in such manner as it thinks fit. 26. head of state to act on advice except as otherwise provided in this constitution, the head of state in the performance of his or her functions shall act on the advice of cabinet, the prime minister or the appropriate minister, as the case may be. if cabinet, the prime minister or an appropriate minister tenders advice to the head of state as to the performance of any function of the head of state and, if the head of state does not, within seven days after the date on which the tendering of that advice comes to the notice of the secretary to the head of state, accept that advice or take some other action in relation thereto which he is entitled to take under the provisions of this constitution or of any act, the head of state shall be deemed to have accepted that advice; and an instrument under the hand of the secretary to cabinet, acting on the instruction of the prime minister, to that effect shall operate as the performance of the function concerned in accordance with that advice. 27. information for head of state it shall be the duty of the prime minister to arrange for the circulation to the head of state of copies of the agenda and minutes of cabinet and of all other papers laid before cabinet at the time when they are circulated to ministers; and to furnish such information relating to the administration of the affairs of samoa and proposals for legislation as the head of state may call for. 28. oath of office the head of state and each member of the council of deputies shall, before assuming the functions of his or her office, take and subscribe before the chief justice an oath in the form set out in the third schedule. 29. public seal the head of state shall keep and use the public seal of samoa. 30. secretary to head of state there shall be a secretary to the head of state. part iv. the executive 31. executive power the executive power of samoa shall vest in the head of state and shall be exercised by him or her under the provisions of this constitution. nothing in clause (1) shall prevent parliament from conferring by act functions on authorities other than the head of state. 32. cabinet there shall be a cabinet of ministers, who shall have the general direction and control of the executive government of samoa and shall be collectively responsible therefor to parliament. cabinet shall be appointed as follows: the head of state shall appoint as prime minister to preside over cabinet a member of parliament who commands the confidence of a majority of the members of parliament. the head of state shall, acting on the advice of the prime minister appoint not fewer than eight nor more than twelve members of parliament to be ministers. the head of state shall, acting on the advice of the prime minister, appoint one of the ministers appointed under subclause (b) to be deputy prime minister. if an appointment is to be made while the legislative assembly is dissolved, a person who was a member of parliament immediately before the assembly was last dissolved may be appointed to be prime minister or a minister. appointments under the provisions of this clause shall be made by the head of state by instrument under the public seal. the head of state shall, acting on the advice of the prime minister, appoint another member or members of parliament to be a minister or ministers as soon as possible after the number of ministers falls below the number appointed pursuant to subclause (b) of this clause by reason of the office of any minister or ministers becoming vacant, so that the number of ministers (in addition to the prime minister) shall be restored to the number appointed pursuant to subclause (b) of this clause as soon as possible. 33. vacation of office the appointment of the prime minister who is in office at the commencement of the first session of the legislative assembly following a dissolution thereof shall be terminated by the head of state on the seventh day of that session if the prime minister has not sooner resigned. the appointment of the prime minister shall also be terminated by the head of state if the prime minister ceases to be a member of parliament for any reason other than a dissolution of the legislative assembly; or if the legislative assembly passes a motion in express words of no confidence in cabinet or if cabinet is defeated on any question or issue which the prime minister has declared to be a question or issue of confidence: provided that, if after the passing of such a motion or after that defeat the prime minister so requests, the head of state may dissolve the legislative assembly instead of terminating the appointment of the prime minister; or if the prime minister resigns his or her office by writing under his or her hand addressed to the head of state; or if the prime minister is absent from samoa without written permission given by the head of state, acting in his or her discretion. the office of any other minister shall become vacant if the appointment of the prime minister has been terminated under the provisions of clause (1) or clause (2); or if the appointment of the minister to that office is revoked by the head of state, acting on the advice of the prime minister, by instrument under the public seal; or if the minister ceases to be a member of parliament for any reason other than a dissolution of the legislative assembly; or if the minister resigns his or her office by writing under his or her hand addressed to the head of state; or if the minister is absent from samoa without written permission given by the head of state, acting on the advice of the prime minister. whenever, by reason of illness or of absence from samoa with the written permission of the head of state, the prime minister is temporarily prevented from performing in samoa, the functions of his or her office, the head of state may, by instrument under the public seal, appoint the deputy prime minister to perform those functions, or another minister where this is not possible, until such time as the prime minister is capable of again performing them or has vacated his or her office. the power conferred on the head of state under the provisions of clause (4) shall be exercised by the head of state, acting in his or her discretion, if in his or her opinion it is impracticable to obtain the advice of the prime minister by reason of the illness or absence of the prime minister and, in any other case, shall be exercised by the head of state, acting on the advice of the prime minister. the head of state, acting on the advice of the prime minister, may by instrument under the public seal declare a minister to be by reason of illness temporarily incapable of performing his or her functions as a minister; or suspend a minister during the period of any investigation or inquiry into the conduct of that minister. any minister in respect of whom action has been taken under the provisions of clause (6) shall not perform any of the functions of his or her office or sit in or otherwise take part in the proceedings of cabinet until the head of state, acting on the advice of the prime minister, has revoked the aforesaid instrument under the public seal. 34. official oath every minister shall, before assuming the functions of his or her office, take and subscribe before the head of state an oath in the form set out in the third schedule. 35. assignment of responsibilities to ministers the prime minister may, by direction in writing under his or her hand charge any minister with the responsibility for any department or subject; and revoke or vary any direction given under the provisions of this clause. the prime minister may retain in his or her charge any department or subject. 36. summoning of cabinet cabinet shall be summoned only by the prime minister or, in his or her absence, by such minister as the prime minister shall appoint in that behalf. 37. cabinet procedure subject to the provisions of this constitution, cabinet may regulate its procedure (including the fixing of a quorum) in such manner as it thinks fit. there shall be a secretary to cabinet. cabinet shall not be disqualified for the transaction of business by reason of any vacancy in the number of its members and any proceedings of cabinet shall be valid notwithstanding that some person who was not entitled to do so sat or voted in cabinet or otherwise took part in the proceedings. it shall be the duty of the prime minister, if the head of state so requires, to submit for the consideration of cabinet any matter on which a decision has been taken by a minister (including the prime minister) but which has not been considered by cabinet. a decision of cabinet shall be recorded in minutes which shall, under the hand of the secretary to cabinet, be communicated to the secretary to the head of state within twenty-four hours of the making of the decision. a decision of cabinet shall not take effect except under the provisions of article 38. 38. when decisions of cabinet are to take effect a decision of cabinet shall take effect on its approval by the head of state, acting in his discretion; or on the expiry of four days after the date of the decision, unless a meeting of the executive council is sooner held under the provisions of article 40; or if the issue involved in the decision is, in the opinion of a majority of ministers present and voting at the meeting at which the decision is taken, of extreme urgency, on the expiry of one day after the date of the decision, unless a meeting of the executive council is sooner held under the provisions of article 40; or under the provisions of article 40. for the purposes of subclauses (b) and (c) of clause (1), the date of a decision of cabinet shall be the date on which the minutes in which the decision is recorded are communicated to the secretary to the head of state under the provisions of clause (5) of article 37. an instrument under the hand of the secretary to cabinet certifying that a decision of cabinet has taken effect shall be conclusive evidence that that decision has taken effect. 39. executive council there shall be an executive council of samoa, which shall consist of: the head of state: the prime minister and ministers holding office under the provisions of articles 32 and 33. subject to the provisions of this constitution, the executive council may regulate its procedure (including the fixing of a quorum) in such manner as it thinks fit. the secretary to cabinet shall be clerk of the executive council. 40. consideration of cabinet decisions by executive council the head of state, acting in his or her discretion, or the prime minister may summon a meeting of the executive council to consider any decision recorded in the minutes of a cabinet meeting. if at a meeting of the executive council thus summoned the head of state supports the decision concerned, that decision shall take effect as a decision of cabinet. if at a meeting of the executive council thus summoned the head of state opposes the decision concerned or requests any amendment thereto, cabinet shall thereupon be summoned under the provisions of article 36 and requested to reconsider that decision. if cabinet after that reconsideration reaffirms its original decision or accepts the amendment requested by the head of state, the original decision or the decision as so amended, as the case may be, shall forthwith take effect as a decision of cabinet. if cabinet after that reconsideration adopts a decision which incorporates an amendment to its original decision, other than an amendment requested by the head of state under the provisions of clause (3), the decision as so amended shall operate as a new decision of cabinet to which the provisions of clauses (5) and (6) of article 37 shall apply. 41. attorney-general the head of state, acting on the advice of the prime minister, shall appoint an attorney-general, who shall be a person qualified to be a judge of the supreme court. the attorney-general shall advise on legal matters referred to him by the head of state, cabinet, the prime minister or a minister and shall have power, exercisable in his discretion, to institute, conduct or discontinue any proceedings for an offence alleged to have been committed. the attorney-general shall have a right of audience in, and shall take precedence over any other person appearing before, any court or tribunal. the powers of the attorney-general may be exercised by him in person or by officers subordinate to him, acting under and in accordance with his general or special instructions. the attorney-general shall hold office for such term or terms and under such conditions as may be determined by the head of state, acting on the advice of the prime minister. 41a. repealed by constitution amendment act (no. 1) of 2017 part v. parliament 42. parliament there shall be a parliament of samoa, which shall consist of the head of state and the legislative assembly. 43. power to make laws subject to the provisions of this constitution, parliament may make laws for the whole or any part of samoa and laws having effect outside as well as within samoa. 44. members of the legislative assembly subject to the provisions of this article, the legislative assembly shall consist of: one member elected for each of 41 territorial constituencies having such names and boundaries and including such villages or sub-villages or villages and sub-villages as are prescribed from time to time by act: six additional members being one additional member elected for each of such 6 of those territorial constituencies as are prescribed from time to time by act; two (2) members respectively elected, under the two (2) urban constituencies provided by act, by persons whose names appear on the urban constituency roll; subject to this article, women members of the legislative assembly shall: consist of a minimum of 10% of the members of the legislative assembly specified under clause (1) which for the avoidance of doubt is presently five (5); and be elected pursuant to clause (1) or become additional members pursuant to clause (1b), (1d) or (1e). if, following any general election: all members elected under clause (1) are men, the prescribed number of women candidates (if any) with the highest number of votes shall become additional members; or less than the prescribed number of women candidates are elected under clause (1), the remaining prescribed number of women candidates (if any) with the highest number of votes shall become additional members for the purposes of clause (1a). clause (1b) does not apply if the prescribed number of women are all elected under clause (1). if the seat of an additional member becomes vacant, it shall, despite article 48, be filled by the woman candidate (if any) who has the next highest number of votes at the last election or general election. subject to article 48, if a seat under clause (1) held by a woman becomes vacant, to which a man is elected to fill that vacant seat, the woman candidate (if any) with the highest number of votes from that election or the last election or general election shall become the additional member. if, in the selection of the required number of women under clause (1b), (1d) or (1e), two (2) or more candidates have equal number of votes, the additional member shall be selected by lot before the electoral commissioner with the presence of the candidates or their authorised representatives and at least two (2) police officers. if a woman candidate becomes an additional member of a constituency (irrespective of a woman candidate being elected to that constituency), no other woman candidate from the same constituency shall become an additional member unless there is no other woman candidate from any other constituency to make up the required prescribed number. [repealed by act 19 of 2015] subject to the provisions of this constitution, the mode of electing members of the legislative assembly, the terms and conditions of their membership, the qualifications of electors, and the manner in which the roll for each territorial constituency and the urban constituency roll shall be established and kept shall be prescribed by law. members of the legislative assembly (including additional members) shall be known as members of parliament. in this article, unless the context otherwise requires: â��additional memberâ�� means a woman who is a member of parliament by virtue of clause (1b), (1d) or (1e) for the purposes of clause (1a); â��highest number of votesâ�� means the percentage of the total valid votes in a constituency polled by a woman candidate; â��prescribed numberâ�� means the minimum number of women members of parliament specified under clause (1a). 45. qualifications for membership any person shall be qualified to be elected as a member of parliament who is a citizen of samoa; and is not disqualified under the provisions of this constitution or of any act. if any person other than a person qualified under the provisions of clause (1) is elected as a member of parliament, the election of that person shall be void. 46. tenure of office of members every member of parliament shall cease to be a member at the next dissolution of the legislative assembly after he has been elected or previously thereto if his or her seat becomes vacant under the provisions of clause (2). the seat of a member of parliament shall become vacant upon his or her death; or if he resigns his or her seat by writing under his or her hand addressed to the speaker; or if he ceases to be a citizen of samoa; or if he becomes disqualified under the provisions of this constitution or of any act. notwithstanding articles 13 and 15, an act may provide that the seat of a member of parliament becomes vacant during his or her term of office: where in certain circumstances the member resigns or withdraws from or changes his or her political party; joins a political party if he or she is not a member of the political party; where the member holds himself or herself or herself out to be a member or a representative of a party or organisation that has political aims and is desirous of taking part in an election where such party or organisation is not registered as a political party under an act; or a political party other than the political party of which he or she is a member. 47. decisions on questions as to membership all questions that may arise as to the right of any person to be or to remain a member of parliament shall be referred to and determined by the supreme court. 48. filling vacancies whenever the seat of a member of parliament becomes vacant under the provisions of clause (2) of article 46, the speaker shall, by writing under his or her hand, report that vacancy to the head of state, and the vacancy shall be filled by election in the manner provided by law. 49. election of speaker the legislative assembly shall, immediately when it first meets after a general election and as soon as possible after any vacancy occurs in the office of speaker otherwise than by reason of a dissolution of the assembly, elect a member of parliament to be speaker of the legislative assembly. as an exception to clause (1), the member nominated, by the party that wins majority of all the seats in the legislative assembly after a general election, is taken to have been duly elected by the legislative assembly pursuant to clause (1) and shall be endorsed by the legislative assembly as speaker. for any vacancy under clause (1), the member nominated, by the party or parties in government, is taken to have been duly elected under clause (1) and shall be endorsed by the legislative assembly as speaker. the speaker, upon being elected and before assuming the functions of his or her office, shall take and subscribe before the head of state an oath of allegiance in the form set out in the third schedule. the speaker may at any time resign his or her office by writing under his or her hand addressed to the clerk of the legislative assembly and shall vacate his or her office if he ceases to be a member of parliament; or if he is appointed to be a minister. 50. the deputy speaker the legislative assembly may elect a member of parliament, not being a minister, to be deputy speaker. as an exception to clause (1), the member nominated, by the party that wins majority of all the seats in the legislative assembly after a general election, is taken to have been duly elected by the legislative assembly pursuant to clause (1) and shall be endorsed by the legislative assembly as deputy speaker. for any vacancy in the office of deputy speaker, the member nominated, by the party or parties in government, is taken to have been duly elected under clause (1) and shall be endorsed by the legislative assembly as deputy speaker. the deputy speaker may at any time resign his or her office by writing under his or her hand addressed to the clerk of the legislative assembly and shall vacate his or her office if he ceases to be a member of parliament; or if he is appointed to be a minister; or if he is elected to be speaker. subject to the provisions of this constitution, the functions conferred under the provisions of this constitution upon the speaker shall, if there is no person holding the office of speaker or if the speaker is absent from samoa or is otherwise unable to perform those functions, be performed by the deputy speaker. 51. clerk of the legislative assembly there shall be a clerk of the legislative assembly. 52. meetings of the legislative assembly the legislative assembly shall meet at such times and at such places as the head of state appoints from time to time in that behalf by notice published in the samoa gazette and recorded in the savali: provided that the assembly shall meet not later than forty-five days after the holding of a general election and at least once in every year thereafter, so that a period of twelve months shall not intervene between the last sitting of the assembly in one session and the first sitting thereof in the next session. 53. standing orders subject to the provisions of this constitution, the legislative assembly may make, amend and repeal standing orders regulating its procedure. 54. languages all debates and discussions in the legislative assembly shall be conducted in the samoan language and the english language. the minutes and the debates of the legislative assembly, every bill introduced therein, every paper presented thereto, and all minutes of proceedings, minutes of evidence and reports of committees of the assembly shall be in the samoan language and the english language. 55. presiding over legislative assembly the speaker, or in his or her absence the deputy speaker, shall preside over sittings of the legislative assembly. in the absence from any sitting of both the speaker and the deputy speaker, the members of parliament present shall choose one of their number (not being a minister) to preside over that sitting. 56. proceedings are valid the legislative assembly shall not be disqualified for the transaction of business by reason of any vacancy among the members of parliament, including any vacancy not filled at a general election, and any proceedings therein shall be valid notwithstanding that some person who was not entitled to do so sat or voted in the assembly or otherwise took part in the proceedings. 57. quorum no business shall be transacted at any sitting of the legislative assembly if objection is taken by any member of parliament present that the number of members present is (besides the speaker or other member presiding) fewer than one-half of the total number of members of parliament (excluding vacancies). 58. voting except as otherwise provided in this constitution, every question before the legislative assembly shall be decided by a majority of the votes of the members of parliament present. the speaker, or the deputy speaker or any other member of parliament while presiding over a sitting of the legislative assembly in the absence of the speaker, shall not have a deliberative vote but, in the case of an equality of votes, shall have a casting vote. 59. introduction of bills etc. into legislative assembly subject to the provisions of this part and of the standing orders of the legislative assembly, any member of parliament may introduce any bill or propose any motion for debate in the assembly or present any petition to the assembly, and the same shall be considered and disposed of under the provisions of the standing orders: provided that, except upon the recommendation or with the consent of the head of state, the assembly shall not proceed upon any bill which, in the opinion of the speaker, the deputy speaker or other member of parliament presiding, would dispose of or charge the treasury fund or any other public fund or account, or revoke or alter any disposition thereof or charge thereon, or impose, alter or repeal any tax, rate or duty. 60. bills assented to become acts of parliament no bill shall become a law until the head of state has given his or her assent thereto. whenever a bill which has been passed by the legislative assembly is presented to the head of state for his or her assent, he shall, acting on the advice of the prime minister, declare that he assents to the bill or that he refuses his or her assent to the bill. a law assented to by the head of state as herein provided shall be known as an act of parliament and shall come into force either on the day on which it is assented to, or on any date (whether earlier or later than the date on which it is assented to) specified in that behalf in the act. 61. oath of allegiance except for the purpose of enabling this article to be complied with and for the election of a speaker, no member of parliament shall sit or vote in the legislative assembly until he shall have taken and subscribed before the assembly an oath of allegiance in the form set out in the third schedule. 62. privileges of legislative assembly the privileges, immunities and powers of the legislative assembly, of the committees thereof and of members of parliament may be determined by act: provided that no such privilege or power may extend to the imposition of a fine or to committal to prison for contempt or otherwise, unless provision is made by act for the trial and punishment of the person concerned by the supreme court. 63. prorogation and dissolution of legislative assembly the head of state may at any time, by notice published in the samoa gazette, prorogue the legislative assembly. if, at any time, the office of prime minister is vacant, the head of state shall, by notice published in the samoa gazette, dissolve the legislative assembly as soon as he is satisfied, acting in his or her discretion, that a reasonable period has elapsed since that office was last vacated and that there is no member of parliament likely to command the confidence of a majority of the members. the head of state may at any time, by notice published in the samoa gazette, dissolve the legislative assembly, if he is advised by the prime minister to do so, but shall not be obliged to act in this respect in accordance with the advice of the prime minister unless he is satisfied, acting in his or her discretion, that, in tendering that advice, the prime minister commands the confidence of a majority of the members of parliament. the head of state shall dissolve the legislative assembly at the expiry of five years from the date of the last preceding general election, if it has not been sooner dissolved. 64. general elections there shall be a general election of the legislative assembly at such time within three months after every dissolution of the assembly as the head of state appoints by notice in the samoa gazette. part vi. the judiciary 65. constitution of the supreme court there shall be a supreme court of samoa, which shall be a superior court of record and shall consist of a chief justice and such number of other judges as may be determined by act. the chief justice of the supreme court shall be appointed by the head of state, acting on the advice of the prime minister. a person shall not be qualified for appointment as a judge of the supreme court unless he possesses such qualifications as the head of state, acting on the advice of the judicial service commission, may prescribe; and he has been in practice as a barrister in samoa, or in an approved country, or partly in the one and partly in the other, for a period of, or periods amounting in the aggregate to, not less than eight years. in computing, for the purposes of subclause (b) of clause (3), the period or periods during which any person has been in practice as a barrister, any period or periods during which he has held judicial office in a court of superior or subordinate jurisdiction in samoa or an approved country shall be included. for the purposes of this article or of clause (4) of article 75 or of both of them, the head of state, acting on the advice of the judicial service commission, may designate as an approved country any country which, in the opinion of the commission, has a legal system similar to that existing in samoa. 66. powers of judges of the supreme court each judge of the supreme court or any two or more judges may, in any part of samoa and at any time or place, exercise all the powers of the supreme court. 67. oath of office every judge of the supreme court shall, before assuming the functions of his or her office, take and subscribe before the head of state an oath in the form set out in the third schedule. 68. tenure of office except in the case of an appointment made under the provisions of clause (2), a judge of the supreme court shall hold office until he reaches the age of 68 years: provided that the head of state, acting (in the case of the chief justice) on the advice of the prime minister or (in the case of any other judge of the supreme court) on the advice of the judicial service commission, may extend the period of office of a judge who has reached the age of 68 years. any person of any age who is not a citizen of samoa and who is qualified for appointment under the provisions of clause (3) of article 65 may be appointed to hold office as a judge of the supreme court for a term of years. nothing done by a judge of the supreme court in the performance of his or her functions shall be deemed to be invalid by reason only that he has reached the age at which he is required by this article to retire or that his or her term of office has expired, as the case may be. a judge of the supreme court may resign his or her office by writing under his or her hand addressed to the head of state. a judge of the supreme court shall not be removed from office, except by the head of state on an address of the legislative assembly carried by not less than two-thirds of the total number of members of parliament (including vacancies), praying for his or her removal from office on the ground of stated misbehaviour or of infirmity of body or mind. the head of state, acting (in the case of the chief justice) on the advice of the prime minister or (in the case of any other judge of the supreme court) on the advice of the judicial service commission, may at any time when the legislative assembly is not meeting suspend a judge of the supreme court from his or her office, and such suspension, unless previously revoked, shall continue in force until the end of the next ensuing session and no longer. 69. salaries of judge of the supreme court the salaries of judges of the supreme court to whom clause (1) of article 68 applies shall be determined by act and shall be charged on the treasury fund. the salaries of such judges shall not be diminished during their period of office, unless as part of a general reduction of salaries applied proportionately to all persons whose salaries are determined by act. 70. acting chief justice while any vacancy exists in the office of chief justice or during any absence from samoa of the chief justice, the senior judge of the supreme court shall have authority to act as chief justice and to perform the functions of the office of chief justice. wherever by reason of illness or any cause other than absence from samoa the chief justice is unable to perform the functions of the office of chief justice, the head of state, acting on the advice of the prime minister, may authorise the senior judge of the supreme court to act as chief justice until the chief justice resumes those functions, and, during that period, to perform those functions. the authority conferred on the acting chief justice under the provisions of this article shall not include power to preside over the court of appeal unless he is qualified by virtue of his or her seniority to preside thereover under the provisions of clause (3) of article 75. 71. acting judge of the supreme court if the office of any judge of the supreme court (other than the chief justice) is vacant or if any such judge is unable to perform the functions of his or her office, the head of state, acting on the advice of the judicial service commission, may appoint a person qualified under the provisions of clause (3) of article 65 to be temporarily a judge of the supreme court: provided that a person may be so appointed notwithstanding that he has attained the age of 68 years. any person appointed under the provisions of clause (1) to be temporarily a judge of the supreme court shall hold office for the period of his or her appointment or, if no such period is specified, until his or her appointment is revoked by the head of state, acting on the advice of the judicial service commission: provided that he may at any time resign his or her office by writing under his or her hand addressed to the head of state. 72. judicial service commission there shall be a judicial service commission, which shall consist of: the chief justice, as president: the attorney-general or, if for any reason the attorney-general is unable to act, the chairman of the public service commission: a person nominated from time to time by the minister of justice. no business shall be transacted by the judicial service commission unless three members are present, and all questions proposed for decision by the commission shall be decided by a majority of the votes of those members. the power of appointing, promoting and transferring any judicial officer, other than the chief justice, and of dismissing any judicial officer, other than a judge of the supreme court, is hereby vested in the head of state, acting on the advice of the judicial service commission. 73. jurisdiction of the supreme court the supreme court shall have such original, appellate and revisional jurisdiction as may be provided by act. without prejudice to any appellate or revisional jurisdiction of the supreme court, where in any proceedings before another court (except the court of appeal) a question arises as to the interpretation or effect of any provision of this constitution, the supreme court may, on the application of any party to the proceedings, determine that question and either dispose of the case or remit it to that other court to be disposed of in accordance with the determination. the head of state, acting on the advice of the prime minister, may refer to the supreme court for its opinion any question as to the interpretation or effect of any provision of this constitution which has arisen or appears likely to arise, and the court shall pronounce its opinion on any question so referred to it. 74. subordinate courts there shall be such subordinate courts possessing such jurisdiction and powers as may be provided by act. 75. constitution of court of appeal there shall be a court of appeal of samoa, which shall be a superior court of record. subject to the provisions of this part, the judges of the court of appeal shall be: the chief justice and the other judges of the supreme court: such persons, possessing the qualifications prescribed under the provisions of clause (3) of article 65, as may be appointed from time to time by the head of state, acting on the advice of the judicial service commission. the chief justice shall be president of the court of appeal, but, in his or her absence, the senior judge of the court present at the appeal or, if the judges so present are of the same seniority, a judge designated by the chief justice shall preside. judges of the court of appeal shall take seniority according to the respective dates of their first appointment as judges of a superior court in samoa or in any approved country. an appointment under the provision of subclause (b) of clause (2) shall be for a period of time or for the trial or hearing of particular causes or matters, as may be specified in the instrument of appointment. 76. number of judges any three judges of the court of appeal may exercise all the powers of the court: provided that the court may have its judgment delivered by any one of its members who is also a judge of the supreme court, and if there is no such member then through the registrar of the court of appeal. the judgment of the court of appeal shall be in accordance with the opinion of the majority of the judges present. 77. judges not to sit on appeals from own decisions a judge of the court of appeal shall not sit on the hearing of an appeal from any decision made by him or her or by a court on which he sat as a member. 78. oath of office any person appointed under the provisions of subclause (b) of clause (2) of article 75 to be a judge of the court of appeal shall, on first appointment, take and subscribe before the head of state an oath in the form set out in the third schedule. 79. general jurisdiction of court of appeal subject to the provisions of this constitution, the court of appeal shall have jurisdiction to hear and determine such appeals (including proceedings removed by order of the supreme court to the court of appeal) as may be provided by act. 80. jurisdiction on constitutional questions an appeal shall lie to the court of appeal from any decision of the supreme court in any proceeding, if the supreme court certifies that the case involves a substantial question of law as to the interpretation or effect of any provision of this constitution. where the supreme court has refused to give such a certificate, the court of appeal may, if it is satisfied that the case involves a substantial question of law as to the interpretation or effect of any provision of this constitution, grant special leave to appeal from that decision. where such a certificate is given or such leave is granted, any party in the case may appeal to the court of appeal on the ground that any such question as aforesaid has been wrongly decided and, with the leave of that court, on any other ground. 81. jurisdiction in respect of fundamental rights an appeal shall lie to the court of appeal from any decision of the supreme court in any proceedings under the provisions of article 4. 82. definition of "decision" in articles 77, 80, 81 and 119, "decision" includes judgment, decree, order, writ, declaration, conviction, sentence, opinion or other determination. part via. ombudsman (komesina o sulufaiga) 82a. ombudsman there is to be an ombudsman (komesina o sulufaiga) appointed by the head of state acting on the recommendation of the legislative assembly. the ombudsman is to be appointed pursuant to the selection and appointment criteria and other terms and conditions provided by act. the ombudsman: is to be appointed for six (6) years; and is eligible for re-appointment; and on expiry of the term, continues in office until reappointed or a successor assumes the function of the office. the salary, allowances and other benefits of the ombudsman: are to be determined by act; and are to be charged on the treasury fund, without further appropriation than this subclause; and are not to be reduced during the term of office of the ombudsman, unless as part of a general reduction of salaries applied proportionately to all persons whose salaries are determined by act. the ombudsman may be removed from office pursuant to the grounds and procedures provided by act. 82b. functions of ombudsman the functions of the ombudsman are: to carry out the functions relating to promotion of good governance in public administration provided by act; and to carry out the functions relating to human rights provided by act; and to carry out any other functions provided by act. part vii. the public service 83. interpretation the "public service" means the service of samoa; but does not include service remunerated by way of fees or commission only, honorary service, or service in any of the following capacities, namely as: head of state; or a member of the council of deputies; or prime minister or a minister; or speaker or deputy speaker; or a member of parliament; or a judge of the supreme court or any other judicial officer; or attorney-general, and officers and employees of the attorney-general, whose office shall be called the office of the attorney-general; or director of public prosecutions and other prosecutors and officers and employees of an office of prosecutions established by act; controller and auditor general, and other officers and employees of the audit office specified under article 97; or a member of the public service commission who is not an employee of the public service at the time of his or her appointment to be a member of the public service commission; or an officer of police or an officer of prisons; or a member of any uniformed branch of any defence force; sui o le nuu; the clerk of the legislative assembly, and the other officers and employees of the legislative assembly. 84. public service commission there shall be a public service commission of samoa, which shall consist of not more than three persons appointed by the head of state, acting on the advice of the prime minister. the head of state, acting on the advice of the prime minister, shall appoint one of the members of the public service commission to be chairman. no person shall be appointed to be or shall remain a member of the public service commission if he is not or ceases to be a citizen of samoa; or if he is or becomes a member of parliament. no member of the public service commission shall hold concurrently any other office in the public service. the powers of the public service commission shall not be affected by any vacancy in the number of its members, and any proceedings of the commission shall be valid notwithstanding that some person who was not entitled to do so took part in those proceedings. 85. term of office a member of the public service commission shall be appointed to hold office for a term of not more than three years but shall be eligible for reappointment. a member of the public service commission may at any time resign his or her office by writing under his or her hand addressed to the prime minister but shall not be removed from office except on the like grounds and in the like manner as a judge of the supreme court. the head of state, acting on the advice of the prime minister, may at any time when the legislative assembly is not meeting suspend a member of the public service commission from his or her office, and such suspension, unless previously revoked, shall continue in force until the end of the next ensuing session and no longer. 86. salaries the salaries of members of the public service commission shall be determined by the head of state, acting on the advice of the prime minister. 87. functions of the commission the public service commission shall be responsible for human resource planning; and human resource management policy; and human resource monitoring and evaluation, for the public service; and have such other functions as may be provided by act. in the performance of its functions, the public service commission shall have regard to the general policy of cabinet relating to the public service, and shall give effect to any decision of cabinet defining that policy conveyed to the commission in writing by the prime minister. an act of parliament may designate as a special post any post of head of department or any post of a corresponding grade; and the head of state, acting on the advice of cabinet after cabinet has consulted the public service commission, shall be responsible, in respect of any post so designated, for appointments, gradings, salaries, promotions, transfers, retirements, terminations of appointments, dismissals and discipline. 88. procedure and annual report subject to the provisions of this constitution and of any law, the public service commission may regulate its procedure (including the fixing of a quorum) in such manner as it thinks fit; and delegate any of its functions to any of its members or to any person or persons. the commission shall make an annual report on its activities to the head of state, who shall cause a copy of that report to be laid before the legislative assembly. 89. public service board of appeal there shall be a public service board of appeal, which shall consist of: the chief justice or a judicial officer nominated by the chief justice; or a barrister or solicitor of the supreme court nominated by the judicial services commission. one person appointed by, and holding office at the pleasure of, the head of state, acting on the advice of the prime minister: one person, being an officer of the public service, elected by the officers of the public service and holding office for a term not exceeding three years. the chief justice or the person nominated by the chief justice shall be chairman of the public service board of appeal. an act of parliament may prescribe the manner of election of the person to be elected under the provisions of subclause (c) of clause (1); provide for the appointment of deputies to act for members of the public service board of appeal appointed under the provisions of subclauses (b) and (c) of clause (1); prescribe the jurisdiction of the board of appeal to hear and determine appeals from decisions about human resource management matters in the public service. part viii. finance 90. public funds there shall be a treasury fund and such other public funds or accounts as may be provided by act. 91. restriction on taxation no taxation shall be imposed except by parliament. 92. public revenue all taxes and other revenues and money raised or received by samoa shall be paid into the treasury fund unless required or permitted by act to be paid into any other public fund or account. 93. payment out of public funds no money shall be issued out of the treasury fund or any other public fund or account except in pursuance of a warrant under the hand of the head of state. 94. appropriation of expenditure the minister responsible for finance shall, in respect of every financial year, cause to be laid before the legislative assembly a statement of the estimated receipts and expenditure for that year, and, unless parliament in respect of any year otherwise provides, that statement shall be so laid before the commencement of that year. the proposals for all expenditure contained in the estimates (other than statutory expenditure) shall be submitted to the vote of the legislative assembly by means of an appropriation bill. if, in respect of any financial year, it is found that any expenditure is incurred or is likely to be incurred upon any service which is in excess of the sum provided for that service by the appropriation act relating to that year; or that any expenditure (other than statutory expenditure) is incurred or is likely to be incurred upon any service not provided for by the appropriation act relating to that year; the minister responsible for finance shall cause to be laid before the legislative assembly supplementary estimates in respect of that expenditure, and the proposals for expenditure therein contained shall be submitted to the vote of the assembly by means of a supplementary appropriation bill. statutory expenditure, which shall not be submitted to the vote of the legislative assembly under the provisions of this article, means the expenditure charged on the treasury fund under the provisions of articles 22, 25, 69 and 98; and such other expenditure as may by act be charged upon the treasury fund or any other public fund or account and in such act be expressly stated to be statutory expenditure. the legislative assembly may approve or refuse its approval to any proposal for expenditure contained in an appropriation or supplementary appropriation bill, but may not increase the amount or alter the destination of any proposed expenditure. 95. expenditure in anticipation of appropriation if an appropriation bill has not become law by the first day of the financial year to which it relates, the minister responsible for finance may, with the prior approval of cabinet, authorise such expenditure (not otherwise authorise by act) as he may consider essential for the continuance of any services, until an appropriation bill becomes law: provided that the expenditure so authorised shall not exceed an amount equal to one-fourth of the relevant vote approved in the appropriation act for the preceding year. 96. unforeseen expenditure a vote for unforeseen expenditure not exceeding 3% of the total appropriation bill shall be included in the annual estimates laid before the legislative assembly. where, during the period between the passing of the appropriation act for any financial year and the end of the year, it is desirable that money should be expended in excess of or without appropriation of the legislative assembly, cabinet or, to the extent that cabinet so authorises, the minister responsible for finance may authorise the transfer of funds to one or more nominated votes from the unforeseen expenditure vote: provided that the amount is available to be transferred from the unforeseen expenditure vote and the total amount of all sums issued and paid under the provisions of this article shall not exceed three percent of the total amount of all sums appropriated by the appropriation act for that year. 97. controller and auditor general there shall be a controller and auditor general: who shall be appointed by the head of state, acting on the advice of the prime minister; and whose office shall be called the audit office. before advising the head of state, the prime minister shall consult the parliamentary committee responsible for officers of parliament on the proposed appointment of the controller and auditor general. no person shall be appointed as controller and auditor general unless the person satisfies the eligibility criteria provided by act. a person shall not be appointed as controller and auditor general if the person has previously been appointed as controller and auditor general or as controller and chief auditor under this part. subject to article 97a(4), the controller and auditor general is an independent officer of parliament. there are no implied functions, powers, rights, immunities or obligations of the controller and auditor general arising from the controller and auditor generalâ��s status as an independent officer of parliament. there are no implied powers of the legislative assembly arising from the controller and auditor generalâ��s status as an independent officer of parliament and the powers of the legislative assembly to act in respect of the controller and auditor general are only those provided under or by this part or act. except as provided by act, the controller and auditor general is not subject to the act regulating the public service. other terms of the appointment of the controller and auditor general and the establishment and composition and functions of the audit office are provided by act. 97a. responsibilities of controller and auditor general the controller and auditor general is responsible for auditing public assets, liabilities and equity including public money. without limiting clause (1), the controller and auditor general shall audit the treasury fund, other public funds and public accounts as may be established by law, funds and accounts of all ministries and other government and state offices (including departments of ministries, and overseas missions), and funds and accounts of other public, statutory authorities, local authorities and other bodies as may be provided by act. for the purpose of exercising functions under this part, the controller and auditor general has other functions, powers, immunities and independence provided by act. except as provided by act, the controller and auditor general has complete discretion in carrying out his or her functions, duties and powers and is not subject to any direction from any person as to: whether or not to conduct a particular audit; or the way in which the controller and auditor general is to conduct a particular audit; or the priority to be given to any particular audit or other matter. 98. duty of controller and auditor general to report to legislative assembly subject to clause (2), the controller and auditor general shall: report, at least once annually and at such other times as may be provided by act, to the legislative assembly on the results of all audits conducted under this part or by act; and draw attention to any irregularities in the accounts, transactions, processes, systems or operations of the treasury fund or of a public fund, pubic account, ministry, office or body audited by the controller and auditor general under article 97a(2); and report generally and at least once annually to the legislative assembly on the performance of his or her functions, duties and powers under this part or by act and the operations of the audit office. a report under clause (1) shall be presented by the speaker to the legislative assembly. 99. term of office subject to this part, a person appointed as controller and auditor general holds office for a term of 12 years. if the term for which a person who has been appointed as controller and auditor general expires, that person continues to hold office until a successor to that person is appointed unless removed or suspended during the period of expiry. 99a. conditions of service the controller and auditor general is entitled to salary, allowances and other benefits provided by act. the salary of the controller and auditor general shall not be reduced during the period of office of the controller and auditor general, unless as part of a general reduction of salaries applied proportionately to all persons whose salaries are determined by act. the allowances and other benefits of the controller and auditor generalâ��s service are not to be altered in any way which reduces any allowance and benefit conferred on the controller and auditor general arising from the appointment. the salary, allowances and other benefits under this part shall be charged on the treasury fund. 99b. other employment except as provided by act or authorised by resolution of the legislative assembly, the controller and auditor general shall not: hold any appointment in the public service (including in any of the other capacities under article 83), other than that of controller and auditor general; or be a member of any authority or body mentioned under article 97a(2); or engage in any paid employment outside the functions of his or her office. 99c. rights preserve a person who was an officer or employee in the public service and who is appointed as controller and auditor general is entitled to retain all existing and accruing rights as if the service of that person as controller and auditor general were a continuation of service as an officer or employee in the public service. during the term of appointment as controller and auditor general, the controller and auditor general is entitled to retain existing and accruing rights as if the controller and auditor general had continued in service as an officer or employee in the public service. if a person ceases to hold office as controller and auditor general and becomes an officer in another capacity or an employee in the public service, the service of that person as controller and auditor general is to be regarded as service in that other capacity or as an employee in the public service for the purpose of determining accruing rights. 99d. absence of conroller and auditor general if the controller and auditor general is unable to carry out his or her functions, duties and powers under this constitution or any other act or law because of illness, absence on leave or from samoa or any other reason, the person who is appointed by an act as the assistant auditor must carry out those functions, duties and powers. if the assistant auditor is unable to carry out the functions, duties and powers of the office of the controller under clause (1) because of illness, absence on leave or from samoa or any other reason, the controller must in writing appoint a senior officer of the audit office to carry out those functions, duties and powers. 99e. resignation of controller and auditor general the controller and auditor general may resign from office by giving the head of state a signed letter of resignation. 99f. removal from office of controller and auditor general the head of state may, acting on the advice of the prime minister given pursuant to clause (3), remove the controller and auditor general only in accordance with this article and only under any of the grounds set out under clause (2). the controller and auditor general may only be removed if he: has been convicted of an offence involving dishonesty punishable by imprisonment for 12 months or more, or of an offence under an act involving evasion of tax; has become bankrupt or commits an act of bankruptcy under an act regulating bankruptcy; has become, by reason of physical or mental disability, incapable of performing the functions of the office of controller and auditor general as provided by this part or by act; has, without any lawful or reasonable justification, failed to discharge any function of the controller and auditor general under or by this part or by act; has engaged in any conduct which places the controller and auditor general in conflict with the functions of the office of controller and auditor general. before advising the head of state under clause (1), the prime minister shall: consult the parliamentary committee responsible for officers of parliament on the proposed removal of the controller and auditor general; and lay before the legislative assembly a full statement of the grounds for the removal of the controller and auditor general for a resolution of the legislative assembly to be passed by at least two-thirds of the total number of members of parliament (excluding any vacancy). the controller and auditor general is deemed to be suspended from office from the date the prime minister consults the parliamentary committee responsible for officers of parliament under clause (3)(a), until a final decision for removal is made. part ix. land and titles 100. matai titles a matai title shall be held in accordance with samoan custom and usage and with the law relating to samoan custom and usage. 101. land in samoa all land in samoa is customary land, freehold land or public land. customary land means land held from samoa in accordance with samoan custom and usage and with the law relating to samoan custom and usage. freehold land means land held from samoa for an estate in fee simple. public land means land vested in samoa being land that is free from customary title and from any estate in fee simple. 102. no alienation of customary land it shall not be lawful or competent for any person to make any alienation or disposition of customary land or of any interest in customary land, whether by way of sale, mortgage or otherwise howsoever, nor shall customary land or any interest therein be capable of being taken in execution or be assets for the payment of the debts of any person on his or her decease or insolvency: provided that an act of parliament may authorise the granting of a lease or licence of any customary land or of any interest therein; the taking of any customary land or any interest therein for public purposes. 103. land and titles court there shall be a land and titles court with such composition and with such jurisdiction in relation to matai titles and customary land as may be provided by act. 104. land below high-water mark subject to the provisions of any act, all land lying below the line of high water mark shall be public land. for the purposes of this article, the term "high-water mark" means the line of median high tide between the spring and neap tides. part x. emergency powers 105. proclamation of emergency if the head of state is satisfied, acting in his or her discretion after consultation with cabinet, that a grave emergency exists whereby the security or economic life of samoa or of any part thereof is threatened, whether by war, external aggression, internal disturbance or natural catastrophe, he may by proclamation (hereinafter referred to as a proclamation of emergency) declare that a state of emergency exists. a proclamation of emergency shall remain in force for a period of thirty days, if not sooner revoked, but the provisions of this clause shall not preclude the issue of a further proclamation before the expiry of the period for which the immediately preceding proclamation is in force. if the legislative assembly is meeting at the time the proclamation of emergency is made, the proclamation shall forthwith be laid before the assembly. if the legislative assembly is not meeting at the time the proclamation of emergency is made, the head of state shall appoint a time for the assembly to meet which time shall be as soon as the head of state, acting in his or her discretion, considers that conditions make it practicable, and the proclamation shall forthwith be laid before the assembly: provided that, if not less than one-half of the total number of members of parliament (excluding vacancies) by notice in writing to the head of state require that a time for the meeting of the assembly be appointed for the purposes of this clause, the head of state shall appoint such a time which shall be not later than seven days after the date of receipt of that notice. 106. emergency orders when a proclamation of emergency has been made and so long as it remains in force, the head of state may from time to time make such orders (hereinafter referred to as emergency orders) as appear to him or her to be necessary or expedient for securing the public safety, the defence of samoa and the efficient prosecution of any war in which samoa may be engaged, for maintaining public order and the supplies and services essential to the life of the community, and generally for safeguarding the interests and maintaining the welfare of the community. emergency orders may empower or provide for empowering such authorities, persons or classes of persons as may be specified in the orders to make regulations, rules or bylaws for any of the purposes for which emergency orders are authorised under the provisions of this article to be made, and may contain such incidental and supplementary provisions as appear to the head of state to be necessary or expedient for making effective the powers conferred under the provisions of clause (1). every emergency order, if otherwise valid, shall have effect notwithstanding anything contained in part ii. no provision of any emergency order, and no regulation, rule or by-law duly made under the provisions of any such order, shall be invalid because it deals with any matter already provided for under any law or because of any inconsistency with any such law. 107. orders to be laid before legislative assembly if the legislative assembly is meeting at the time an emergency order is made under the provisions of article 106, the order shall forth-with be laid before the assembly; and, if the assembly is not then meeting, the order shall be laid before the assembly as soon as the next meeting thereof commences. when an emergency order has been laid before the legislative assembly under the provisions of clause (1), a notice of motion, signed by six members of parliament and made within ten days of the day the order was laid before the assembly, praying that the order be revoked shall be debated in the assembly at the first convenient opportunity within four sitting days next after the day on which notice of motion was given and, if the assembly resolves that the order be revoked, it shall cease to be in force. all emergency orders made under the provisions of article 106, if not sooner revoked, shall expire on the date on which the proclamation of emergency ceases to be in force or, where more than one such proclamation is made in respect of the emergency, when the last of those proclamations ceases to be in force. the revocation or expiry of an emergency order shall not affect the previous operation thereof, the validity of anything done or omitted to be done thereunder, or any offence committed or any penalty or punishment incurred. 108. restriction on detention for the purposes of this article, there shall be an advisory board, which shall consist of: a chairman appointed by the head of state from among the persons who are or have been judges of the supreme court or are qualified to be judges of the supreme court: two other members appointed by the head of state, acting in his or her discretion after consultation with the chief justice. where an emergency order made under the provisions of article 106 authorises the detention of any person any person detained under the provisions of that order shall, as soon as possible, be informed of the grounds for his or her detention and, subject to provisions of clause (3), of the allegations of fact on which it is based, and be given an opportunity of making representations to the advisory board against his or her detention; and no person shall be detained under the provisions of that order for a period exceeding three months unless the advisory board has considered any representations made by him or her under the provisions of subclause (a) and has reported, before the expiry of that period, that there is in its opinion sufficient cause for the detention. this article shall not require any authority or person who is authorised to detain any person under any emergency order made under the provisions of article 106 to disclose facts whose disclosure would in its or his or her opinion be against the national interest. part xi. general and miscellaneous 109. amendment of constitution any of the provisions of this constitution may be amended or repealed by act, and new provisions may be inserted in this constitution by act, if a bill for any such purpose is supported at its third reading by the votes of not less than two-thirds of the total number of members of parliament (including vacancies) and if not fewer than ninety days elapse between the second and third readings of that bill: provided that no bill amending, repealing or adding to the provisions of article 102 or the provisions of this proviso shall be submitted to the head of state for assent until it has been submitted to a poll of the electors on the rolls for the territorial constituencies established under the provisions of article 44 and unless it has been supported by two-thirds of the valid votes cast in such a poll. a certificate under the hand of the speaker that a bill has been passed under the provisions of clause (1) shall be conclusive and shall not be questioned in any court. 110. power of pardon the head of state shall have power to grant pardons, reprieves and respites, and to remit, suspend or commute any sentence passed by any court, tribunal or authority established under the law. in the exercise of the powers conferred upon him or her under the provisions of clause (1), the head of state shall act in his or her discretion after consultation with such minister as the prime minister shall designate from time to time. 111. interpretation in this constitution, unless it is otherwise provided or the context otherwise requires "act" or "act of parliament" means an act of the parliament of samoa; and includes any ordinance of the legislative assembly of the trust territory constituted under the provisions of the samoa amendment act 1957: "cabinet" means the cabinet of ministers: "chief justice" means the chief justice of the supreme court of samoa: "court of appeal" means the court of appeal of samoa: "employee of the public service" means a person employed in the public service: "existing law" means any law in force in the trust territory of samoa or any part thereof immediately before independence day: "head of state" means the head of state of samoa: "high court" means the high court of samoa constituted under the provisions of the samoa act 1921: "independence day" means the day on which this constitution comes into force under the provisions of article 113: "judicial officer" means the holder of any judicial office, but does not include an employee of the public service who exercises all or any of the functions of a judicial office: "law" means any law for the time being in force in samoa; and includes this constitution, any act of parliament and any proclamation, regulation, order, by-law or other act of authority made thereunder, the english common law and equity for the time being in so far as they are not excluded by any other law in force in samoa, and any custom or usage which has acquired the force of law in samoa or any part thereof under the provisions of any act or under a judgement of a court of competent jurisdiction: "legislative assembly" means the legislative assembly constituted under the provisions of article 44: "legislative assembly of the trust territory" means the legislative assembly constituted under the provisions of the samoa amendment act 1957 and in being immediately before independence day: "minister" includes the prime minister: "office of profit" means any office in the service of samoa carrying the right to salary, and includes any office declared by act to be an office of profit: "officer of the public service" means an employee of the public service other than a person employed in a temporary capacity or on probation: "parliament" means the parliament of samoa: "proclamation" means a proclamation made by the head of state under his or her hand and the public seal of samoa and published in the samoa gazette: "property" includes real and personal property, any estate or interest in any real or personal property, any debt, anything in action, and any other right or interest: "public seal" means the public seal of samoa: "public service commission" means the public service commission of samoa: "salary" includes salary or wages, allowances, superannuation rights, free or subsidised housing, free or subsidised transport, and other privileges capable of being valued in money: "service of samoa" means service in any capacity of samoa; and includes service in any of the capacities named in subclauses (a) to (m) inclusive of article 83, but not service in respect of the samoa trust estates corporation: "speaker" means the speaker of the legislative assembly: "supreme court" means the supreme court of samoa: "samoa trust estates corporations" means the corporation constituted under the name "western samoa trust estates corporation" on independence day. where in this constitution reference is made to the samoa act 1921 or to any amendment to that act, that reference shall be construed as a reference to the act of the parliament of new zealand bearing the short title "the samoa act 1921" or to the relevant amendment thereto, including any amendment to that act of the parliament of new zealand or that relevant amendment. unless the context otherwise requires, where in this constitution reference is made to a specified part, article or schedule, that reference shall be construed as a reference to that part or article of, or that schedule to, this constitution; and, where reference is made to a specified clause, subclause or paragraph, that reference shall be construed as a reference to that clause of the article, that subclause of the clause or that paragraph of the subclause in which the reference occurs. where under the provisions of this constitution a person is required to take and subscribe an oath, he shall be permitted, if he so desires, to comply with that requirement by taking and sub-scribing an affirmation. where in this constitution reference is made to the functions of any office, that reference shall, unless the context otherwise requires, be construed as a reference to the functions of that office and to any powers and authorities that may lawfully be exercised by, and any duties that may be required to be performed by, the holder of that office. where in this constitution reference is made to any officer by the term designating his or her office, that reference shall, unless the context otherwise requires, be construed as a reference to the officer for the time being lawfully performing the functions of that office. where this constitution confers any power to make any appointment to any office, the person or authority having power to make the appointment shall, unless the context otherwise requires, have power, exercisable in a like manner to direct that a person other than the person appointed shall, during any period that the person appointed is unable to perform the functions of his or her office owing to absence or inability to act from illness or any other cause, perform the functions of that office; to appoint another person substantively to an office notwithstanding that there is a substantive holder thereof, when that substantive holder is on leave of absence pending relinquishment of his or her office; to direct that a person shall perform the functions of that office when no person has been appointed thereto, either until a contrary direction shall be given by the person or authority having power to make the appointment or until a person shall have been appointed substantively thereto, whichever shall be the earlier. 112. authoritative texts the samoan and english texts of this constitution are equally authoritative but, in case of difference, the english text shall prevail. 113. coming into force this constitution shall come into force on the day approved by the general assembly of the united nations as the date of the termination of the trusteeship agreement for the territory of samoa approved by the general assembly on 13 december 1946. part xii. transitional 114. existing law to continue subject to the provisions of this constitution the existing law shall, until repealed by act, continue in force on and after independence day; and all rights, obligations and liabilities arising under the existing law shall continue to exist on and after independence day and shall be recognised, exercised and enforced accordingly; and proceedings in respect of offences committed against the existing law may be instituted on and after independence day in that court, established under the provisions of this constitution, having the appropriate jurisdiction, and offenders shall be liable to the punishments provided by the existing law. functions of council of state where the existing law confers any function on the council of state of samoa constituted under the provisions of the samoa amendment act 1959, that function shall be performed by the head of state, and where any such function is to be performed by the council of state, acting by and with the advice of the executive council, that function shall be performed by the head of state, acting by and with the advice of cabinet. 116. tenure of office of ministers any person holding office as prime minister or as a minister immediately before independence day shall be deemed to have been duly appointed thereto under the provisions of part iv. 117. first legislative assembly the legislative assembly of the trust territory shall continue in being on and after independence day as the legislative assembly, and the members of the legislative assembly of the trust territory shall be deemed to have been duly elected as members of parliament under the provisions of this constitution. the speaker and the deputy speaker of the legislative assembly of the trust territory who are in office immediately before independence day shall be deemed to have been duly elected as speaker and deputy speaker, respectively, under the provisions of this constitution. the first session of the legislative assembly shall commence within three months of independence day. for the purposes of the provisions of clause (4) of article 63, the general election at which the legislative assembly of the trust territory was elected shall be the date of the last preceding election in respect of the legislative assembly in being on and after independence day. subject to the provisions of this constitution, the standing orders of the legislative assembly of the trust territory in force immediately before independence day shall be the standing orders of the legislative assembly, and they may be amended, repealed or added to under the provisions of article 53. if the seat of a member of parliament becomes vacant before the date of the first general election to be held after independence day, that vacancy shall be filled under the law in force immediately before independence day in relation to the filling of vacancies in the membership of the legislative assembly of the trust territory. 118. existing judges subject to the provisions of this constitution, a person holding office as a judge of the high court immediately before independence day shall, on and after that day, hold the office of judge of the supreme court on the same terms and conditions as were applicable to him or her immediately before independence day. 119. existing legal proceedings all legal proceedings pending in the high court immediately before independence day shall, on and after that day, stand transferred to, and be deemed to be pending for determination before, that court, established under the provisions of this constitution, having the appropriate jurisdiction. all appeals from the high court which immediately before independence day lay to, or were pending in, any court having jurisdiction to hear such appeals shall, on and after that day, lie to or stand transferred to, and be deemed to be pending for determination before, the court of appeal. any decision of the high court or of any court having jurisdiction to hear appeals from the high court shall have the same force and effect as if it had been delivered or made by the supreme court or the court of appeal, respectively. 120. existing officers to continue in office subject to the provisions of this constitution a person who, immediately before independence day, holds the office of attorney-general or of a member of the public service commission shall, on and after that day, hold the corresponding office established under the provisions of this constitution on the same terms and conditions as were applicable to him or her immediately before independence day; and a person who, immediately before independence day, is an employee of the samoan public service referred to in the samoa amendment act 1949 shall, on and after that day, hold the like employment in the public service. 121. laws not brought into force before independence day where any ordinance was enacted or made by the legislative assembly of the trust territory and the coming into force of that ordinance was suspended, that ordinance may, on or after independence day, come into force on the date specified therein or as may be specified by any authority empowered to bring it into force; and, in such case, the ordinance shall, on and after that date, take effect as an act of parliament. 122. adaptation of existing law where in the existing law reference is made to her majesty the queen in right of the trust territory of samoa, to the crown in right of the trust territory of samoa, to the trust territory of samoa, to samoa or to samoa, that reference shall, unless the context otherwise requires, be construed as a reference to samoa. 123. vesting of property all property which immediately before independence day is vested in her majesty the queen in right of the trust territory of samoa or in the crown in right of the trust territory of samoa shall, on independence day, vest in samoa. subject to the provisions of clause (3), land which immediately before independence day is, under the provisions of the samoa act 1921, samoan land, european land or crown land shall, on and after independence day, be held under the provisions of this constitution, as customary land, freehold land or public land, respectively. all land in samoa which immediately before independence day is vested in the crown in right of the government of new zealand shall, on independence day, become freehold land held by her majesty the queen in right of the government of new zealand for an estate in fee simple. 124. transitional amendments to constitution no amendments to the provisions of this constitution shall be made before parliament is constituted under the provisions of part v, except such as the legislative assembly of the trust territory may make by ordinance to remove any difficulties in the transition from the constitutional arrangements in force immediately before independence day to those provided for in this constitution; and any ordinance made under the provisions of this article shall, unless sooner repealed, cease to be in force at the expiry of a period of nine months beginning with the day on which the legislative assembly first meets. first schedule [repealed by act 19 of 2015]. second schedule [repealed by act 19 of 2015]. third schedule. forms of oath 1. oath of head of state (article 28) i, .........., swear by almighty god that i will uphold the dignity of the office of head of state, and will justly and faithfully carry out my duties in the administration of the independent state of samoa in accordance with the constitution and the law. so help me god. 2. oath of members of the council of deputies (article 28 i, .........., swear by almighty god that i will well and truly serve the independent state of samoa, and will justly and faithfully carry out my duties as a member of the council of deputies in accordance with the constitution and the law. so help me god. 3. oath of the prime minister and other ministers (article 34 i, .........., being chosen and accepted as prime minister [a minister] and member of cabinet swear by almighty god that i will to the best of my judgment, at all times when thereto required, freely give my counsel and advice to the head of state, for the good management of the affairs of the independent state of samoa, and that i will not directly or indirectly reveal such matters as shall be debated in cabinet and committee and in executive council and committed to my secrecy, but that i will in all things be a true and faithful prime minister [minister]. so help me god. 4. oath of allegiance to be taken and subscribed by the speaker and members of parliament (articles 49 and 61 i, , swear by almighty god that i will be faithful and bear true allegiance to the independent state of samoa, and that i will justly and faithfully carry out my duties as a member of the parliament of samoa. so help me god. 5. judicial oath to be taken by judges of the supreme court and court of appeal (articles 61 and 78 i, , swear by almighty god that i will well and truly serve the independent state of samoa in accordance with the constitution and the law, and i will do right to all manner of people, without fear or favour, affection or ill will. so help me god. preamble we, the people of albania, proud and aware of our history, with responsibility for the future, and with faith in god and/or other universal values, with determination to build a state of law, social and democratic, to guarantee the fundamental human rights and freedoms, with a spirit of religious coexistence and tolerance, with a pledge to protect human dignity and personhood, as well as for the prosperity of the whole nation, for peace, well-being, culture and social solidarity, with the centuries-old aspiration of the albanian people for national identity and unity, with a deep conviction that justice, peace, harmony and cooperation between nations are among the highest values of humanity, we establish this constitution part one. basic principles article 1 albania is a parliamentary republic. the republic of albania is a unitary and indivisible state. governance is based on a system of elections that are free, equal, general and periodic. article 2 sovereignty in the republic of albania belongs to the people. the people exercise sovereignty through their representatives or directly. for the maintenance of peace and national interests, the republic of albania may take part in a system of collective security, on the basis of a law approved by a majority of all the members of the assembly. article 3 the independence of the state and the integrity of its territory, dignity of the individual, human rights and freedoms, social justice, constitutional order, pluralism, national identity and inheritance, religious coexistence, as well as coexistence with, and understanding of albanians for, minorities are the bases of this state, which has the duty of respecting and protecting them. article 4 the law constitutes the basis and the boundaries of the activity of the state. the constitution is the highest law in the republic of albania. the provisions of the constitution are directly applicable, except when the constitution provides otherwise. article 5 the republic of albania applies international law that is binding upon it. article 6 the organization and functioning of the bodies contemplated by this constitution are regulated by their respective laws, except when this constitution provides otherwise. article 6-1 the election or appointment to or exercise of a public function in one of the organs provided in this constitution or established by law, notwithstanding the regulation contained in other provisions of this constitution, shall be prohibited, in case circumstances are established impairing the integrity of the public functionary, under the conditions and rules provided for by law being approved by three fifths of all members of the assembly. article 7 the system of government in the republic of albania is based on the separation and balancing of legislative, executive and judicial powers. article 8 the republic of albania protects the national rights of the albanian people who live outside its borders. the republic of albania protects the rights of its citizens with a temporary or permanent residence outside its borders. the republic of albania assures assistance for albanians who live and work abroad in order to preserve and develop their ties with the national cultural inheritance. article 9 political parties are created freely. their organization shall conform to democratic principles. political parties and other organizations, whose programs and activity are based on totalitarian methods, that incite and support racial, religious, regional or ethnic hatred, that use violence to take power or influence state policies, as well as those with a secret character, are prohibited pursuant to the law. the financial sources of parties as well as their expenses are always made public. article 10 in the republic of albania there is no official religion. the state is neutral in questions of belief and conscience, and also, it guarantees the freedom of their expression in public life. the state recognizes the equality of religious communities. the state and the religious communities mutually respect the independence of one another and work together for the good of each of them and for all. relations between the state and religious communities are regulated on the basis of agreements achieved between their representatives and the council of ministers. these agreements are ratified by the assembly. religious communities are legal entities. they have independence in the administration of their properties according to their principles, rules and canons, to the extent that interests of third parties are not infringed. article 11 the economic system of the republic of albania is based on private and public property, as well as on a market economy and on freedom of economic activity. private and public property are equally protected by law. limitations on the freedom of economic activity may be established only by law and for important public reasons. article 12 the armed forces secure the independence of the country, as well as protect its territorial integrity and constitutional order. the armed forces maintain neutrality in political questions and are subject to civilian control. article 13 local government in the republic of albania is founded upon the basis of the principle of decentralization of power and is exercised according to the principle of local autonomy. article 14 the official language in the republic of albania is albanian. the national flag is red with a two-headed black eagle in the centre. the seal of the republic of albania presents a red shield with a black, two-headed eagle in the centre. at the top of the shield, in gold colour, is the helmet of skanderbeg. the national anthem is "united around our flag." the national holiday of the republic of albania is the flag day, november 28. the capital city of the republic of albania is tirana. the form and dimensions of the national symbols, the content of the text of the national anthem, and their use shall be regulated by law. part two. the fundamental human rights and freedoms chapter i. general principles article 15 the fundamental human rights and freedoms are indivisible, inalienable, and inviolable and stand at the basis of the entire juridical order. the bodies of public power, in fulfilment of their duties, shall respect the fundamental rights and freedoms, as well as contribute to their realization. article 16 the fundamental rights and freedoms and the duties contemplated in this constitution for albanian citizens are also valid for foreigners and stateless persons in the territory of the republic of albania, except for cases when the constitution specifically attaches the exercise of particular rights and freedoms with albanian citizenship. the fundamental rights and freedoms and the duties contemplated in this constitution are valid also for legal persons so long as they comport with the general purposes of these persons and with the core of these rights, freedoms and duties. article 17 the limitation of the rights and freedoms provided for in this constitution may be established only by law for a public interest or for the protection of the rights of others. a limitation shall be in proportion with the situation that has dictated it. these limitations may not infringe the essence of the rights and freedoms and in no case may exceed the limitations provided for in the european convention on human rights. article 18 all are equal before the law. no one may be unjustly discriminated against for reasons such as gender, race, religion, ethnicity, language, political, religious or philosophical beliefs, economic condition, education, social status, or parentage. no one may be discriminated against for reasons mentioned in paragraph 2 without reasonable and objective legal grounds. article 19 everyone born of at least one parent with albanian citizenship gains automatically albanian citizenship. albanian citizenship is gained also for other reasons provided by law. an albanian citizen may not lose his citizenship, except when he gives it up. article 20 persons who belong to national minorities exercise in full equality before the law the human rights and freedoms. they have the right to freely express, without prohibition or compulsion, their ethnic, cultural, religious and linguistic belonging. they have the right to preserve and develop it, to study and to be taught in their mother tongue, as well as unite in organizations and associations for the protection of their interests and identity. chapter ii. personal rights and freedoms article 21 the life of a person is protected by law. article 22 freedom of expression is guaranteed. the freedom of the press, radio and television are guaranteed. prior censorship of a means of communication is prohibited. the law may require the granting of authorization for the operation of radio or television stations. article 23 the right to information is guaranteed. everyone has the right, in compliance with law, to get information about the activity of state organs, as well as of persons who exercise state functions. everybody is given the possibility to follow the meetings of elected collective bodies. article 24 freedom of conscience and of religion is guaranteed. everyone is free to choose or to change his religion or beliefs, as well as to express them individually or collectively, in public or private life, through cult, education, practices or the performance of rituals. no one may be compelled or prohibited to take part in a religious community or in religious practices or to make his beliefs or faith public. article 25 no one may be subjected to torture, cruel, inhuman or degrading punishment or treatment. article 26 no one may be required to perform forced labour, except in cases of the execution of a judicial decision, the performance of military service, or for a service that results from a state of emergency, war or natural disaster that threatens human life or health. article 27 no can be deprived of liberty except in the cases and according to the procedures provided by law. freedom of person may not be limited, except in the following cases: when punished with imprisonment by a competent court; for failure to comply with the lawful orders of the court or with an obligation set by law; when there are reasonable suspicions that he has committed a criminal offense or to prevent the commission by him of a criminal offense or his escape after its commission; for the supervision of a minor for purposes of education or for escorting him to a competent organ; when a person is the carrier of a contagious disease, mentally incompetent and dangerous to society; for illegal entry at state borders or in cases of deportation or extradition. no one may be deprived of liberty just because of not being able to fulfil a contractual obligation. article 28 everyone who has been deprived of liberty has the right to be notified immediately, in a language that he understands, of the reasons for this measure, as well as of the charge made against him. the person who has been deprived of liberty shall be informed that he has no obligation to make a declaration and has the right to communicate immediately with a lawyer, and he shall also be given the possibility to realize his rights. the person who has been deprived of liberty, according to article 27, paragraph 2, subparagraph c), must be sent within 48 hours before a judge, who shall decide upon his pre-trial detention or release not later than 48 hours from the moment he receives the documents for review. a person in pre-trial detention has the right to appeal the judge's decision. he has the right to be tried within a reasonable period of time or to be released on bail pursuant to law. in all other cases, the person who has extra-judicially been deprived of liberty may address a judge at any time, who shall decide within 48 hours regarding the legality of this action. every person who has been deprived of liberty pursuant to article 27, has the right to humane treatment and respect for his dignity. article 29 no one may be charged or declared guilty of a criminal offence that was not considered as such by law at the time of its commission, with the exception of cases, that at the time of their commission, according to international law, constitute war crimes or crimes against humanity. no punishment may be given that is more severe than that which was provided for by law at the time of commission of the criminal act. the favourable criminal law has retroactive effect. article 30 everyone is considered innocent as long as his guilt is not proven by a final judicial decision. article 31 during a criminal proceeding, everyone has the right: to be notified immediately and in detail of the charge made against him, of his rights, as well as to have the possibility created to notify his family or those close to him; to have the time and sufficient facilities to prepare his defence; to have free of charge assistance of a translator, when he does not speak or understand the albanian language; to be defended by himself or with the assistance of a defence lawyer chosen by him; to communicate freely and privately with him, as well as to be assured of free defence when he does not have sufficient means; to ask witnesses who are present and to seek the presentation of witnesses, experts and other persons who can clarify the facts. article 32 no one may be obliged to testify against himself or his family or to confess his guilt. no one may be declared guilty on the basis of data collected in an unlawful manner. article 33 everyone has the right to be heard before being adjudicated. a person who is hiding from justice may not take advantage of this right. article 34 no one may be sentenced more than once for the same criminal act, nor be tried again, except for cases when the re-adjudication of the case is decided on by a higher court, in the manner specified by law. article 35 no one may be obliged, except when the law requires it, to make public the data connected with his person. the collection, use and making public of data about a person is done with his consent, except for the cases provided by law. everyone has the right to become acquainted with data collected about him, except for the cases provided by law. everyone has the right to request the correction or expunging of untrue or incomplete data or data collected in violation of law. article 36 the freedom and secrecy of correspondence or any other means of communication are guaranteed. article 37 the inviolability of the residence is guaranteed. searches of a residence, as well as the premises that are equivalent to it, may be done only in the cases and manner provided by law. no one may be subjected to a personal search out of a criminal proceeding, with the exception of the cases of entry and exit of the territory of the state, or to avoid a risk that threatens public security. article 38 everyone has the right to choose his place of residence and to move freely to any part of the territory of the state. no one may be hindered to go freely out of the state. article 39 no albanian citizen may be expelled from the territory of the state. the collective expulsion of foreigners is prohibited. the expulsion of individuals is permitted under the conditions specified by law. article 40 foreigners have the right of refuge in the republic of albania according to law. article 41 the right of private property is guaranteed. property may be gained by gift, inheritance, purchase, or any other classical means provided by the civil code. the law may provide for expropriations or limitations in the exercise of a property right only for public interests. the expropriations or limitations of a property right that are equivalent to expropriation are permitted only against fair compensation. for disagreements connected with the extent of the compensation, a complaint may be filed in court. article 42 the freedom, property, and rights recognized in the constitution and by law may not be infringed without due process. everyone, for the protection of his constitutional and legal rights, freedoms, and interests, or in the case of an accusation raised against him, has the right to a fair and public trial, within a reasonable time, by an independent and impartial court specified by law. article 43 anyone shall be entitled to file an appeal against a judicial decision before a higher court, except if otherwise provided in the law for criminal offences of a minor character, for civil and administrative matters of minor importance or value, according to the conditions provided in articles 17 of the constitution. article 44 everyone has the right to be rehabilitated and/or indemnified in compliance with law if he is damaged because of an act, unlawful act or omission from state bodies. chapter iii. political rights and freedoms article 45 every citizen who has attained the age of 18, even on the date of the elections, has the right to elect and be elected. citizens who have been declared mentally incompetent by a final court decision are excluded from the right of election. exempted from the right to be elected shall be the citizens being sentenced to imprisonment upon a final decision for commission of a crime, under the rules set out in a law to be approved by three fifths of all the members of the parliament. in exceptional and justified cases, the law may provide for restrictions of the election right for citizens serving an imprisonment sentence or the right to be elected prior to a final decision being rendered, or the citizens having been deported for a crime or very serious and grave breach of public security. the vote is personal, equal, free and secret. article 46 everyone has the right to organize collectively for any lawful purpose. the registration of organizations or associations in court is done according to the procedure provided by law. organizations or associations that pursue unconstitutional purposes are prohibited pursuant to law. article 47 freedom and unarmed participation in peaceful gatherings is guaranteed. peaceful gatherings in public squares and places are held in conformity with the law. article 48 everyone, by himself or together with others, may direct requests, complaints or comments to the public bodies, which are obliged to reply within the time limits and conditions set by law. chapter iv. economic, social and cultural rights and freedoms article 49 everyone has the right to earn the means of living by lawful work chosen or accepted by himself. he is free to choose his profession, place of work, as well as his own system of professional qualification. employees have the right to social insurance of work. article 50 employees have the right to unite freely in labour unions for the defence of their work interests. article 51 the right of an employee to strike in connection with work relations is guaranteed. limitations on particular categories of employees may be established by law to ensure required services to the society. article 52 everyone has the right to social insurance in old age or when he is unable to work, according to a system set by law. everyone, who remains jobless for reasons independent of his/her volition, and has no other means of support, has the right to assistance under the conditions provided by law. article 53 everyone has the right to get married and have a family. marriage and family enjoy special protection of the state. the entering into and dissolution of marriage are regulated by law. article 54 children, the young, pregnant women and new mothers have the right to special protection by the state. children born out of wedlock have equal rights with those born within marriage. every child has the right to be protected from violence, ill treatment, exploitation and use for work, especially under the minimum age for work, which could damage their health and morals or endanger their life or normal development. in all actions relating to children, the childâ��s best interests must be a primary consideration. article 55 citizens enjoy in an equal manner the right to health care from the state. everyone has the right to health insurance pursuant to the procedure provided by law. article 56 everyone has the right to be informed about the status of the environment and its protection. article 57 everyone has the right to education. mandatory school education is determined by law. public general high school education is open for all. professional high school education and higher education can be conditioned only on criteria of abilities. mandatory education and general high school education in public schools are free. pupils and students may also be educated in private schools of all levels, which are created and operated according to the law. the autonomy and academic freedom of higher education institutions are guaranteed by law. article 58 freedom of artistic creation and scientific research, the use and profits deriving from them are guaranteed for all. copyright is protected by law. chapter v. social objectives article 59 the state, within its constitutional powers and the means at its disposal, aims to supplement private initiative and responsibility with: employment under suitable conditions for all persons who are able to work; fulfilment of the housing needs of its citizens; the highest health, physical and mental standards possible; education and qualification according to ability of children and the young, as well as unemployed persons; a healthy and ecologically adequate environment for the present and future generations; rational exploitation of forests, waters, pastures and other natural resources on the basis of the principle of sustainable development; care and help for the aged, orphans and persons with disabilities; development of sports and recreation activities; health rehabilitation, specialized education and integration in society of disabled people, as well as continual improvement of their living conditions; protection of national cultural heritage and particular care for the albanian language. fulfilment of social objectives may not be claimed directly in court. the law defines the conditions and extent to which the realization of these objectives can be claimed. chapter vi. people's advocate article 60 the people's advocate defends the rights, freedoms and lawful interests of individuals from unlawful acts or omissions of public administration bodies. the people's advocate is independent in the exercise of his duties. the people's advocate has his own budget, which he administers by himself. he proposes the budget pursuant to law. article 61 the people's advocate is elected by three-fifths of all members of the assembly for a five-year period, with the right for re-election. any albanian citizen with higher education and with recognized knowledge and recognized activity in the field of human rights and law may be the people's advocate. the people's advocate enjoys the immunity of a judge of the high court. the people's advocate may not take part in any political party, carry on any other political, state or professional activity, nor take part in the management organs of social, economic and commercial organizations. article 62 the people's advocate may be discharged only on grounded complaint of not less than one-third of the deputies. in this case, the assembly makes a decision with three-fifths of all its members. article 63 the people's advocate presents an annual report before the assembly. the people's advocate reports before the assembly when it is requested from the assembly, and he may request the assembly to hear him on matters he deems important. the people's advocate has the right to make recommendations and to propose measures when he observes violations of human rights and freedoms by the public administration. public bodies and officials are obligated to present to the people's advocate all documents and information requested by him. part three. the assembly chapter i. election and term article 64 assembly is composed of 140 deputies, elected on proportional system with multi-names electoral zones. the multi-name electoral zone corresponds to the administrative division of one of the levels of the administrative-territorial organization. criteria and rules on the implementation of the proportional electoral system, on the determination of electoral zones and on the number of seats to be obtained in each electoral zone shall be defined by the law on elections. article 65 the assembly is elected every four years. the mandate of the assembly starts with its first meeting after the elections and ends on the same date, of the same month of the fourth year from the date of the first meeting. in any case, the assembly remains on duty until the first meeting of the newly elected assembly. elections for the new assembly are held in the nearest electoral period that precedes the date of the ending of the mandate of the assembly. electoral periods and the rules for holding the elections for the assembly are determined by the law on elections. if the assembly is dissolved prior to the ending of its full mandate, elections are held no later than 45 days after its dissolution. the assembly may not approve laws during the period 60 days prior to the termination of its mandate until the first meeting of the new assembly, except in cases when extraordinary measures have been imposed.â�� article 66 the mandate of the assembly is extended only in the case of war and for so long as it continues. when the assembly is dissolved, it recalls itself. article 67 the president of the republic convenes the newly elected assembly not earlier than the date of the termination of the mandate of the preceding assembly, but no later than 10 days after such mandate has expired. if the preceding assembly has been dissolved before the ending of its mandate, the president of the republic convenes the new assembly not later than 10 days since the announcement of the election results. if the president of the republic does not exercise such a competence, the assembly convenes itself on the tenth day of the period of time provided in point 1 of this article. chapter ii. the deputies article 68 candidates for deputies shall be presented at the level of the electoral zone by political parties, electoral coalitions of political parties as well as by voters. a candidate may be presented by only one of the proposing subjects according to this section. the ranking of the candidates in the multi-name lists may not be changed after the submission of the list to the respective electoral commission. the rules for the registration of the candidates for deputies are determined by the law on elections. the law on elections shall also determine other necessary criteria and rules on the organization and conduct of elections, including those on registration of voters, conduct of electoral campaign, administration and validity of elections and declaration of their results. article 69 without resigning from duty, the following may not run as candidates nor be elected deputies: judges, prosecutors; military servicemen on active duty; police and national security employees; diplomatic representatives; mayors and heads of communes as well as prefects in the places where they carry out their duties; chairperson and members of the electoral commissions; the president of the republic and the high officials of the state administration as provided by law. a mandate gained in violation of paragraph 1 of this article is invalid. article 70 deputies represent the people and are not bound by any obligatory mandate. deputies may not simultaneously exercise any other public duty with the exception of that of a member of the council of ministers. other cases of incompatibility are specified by law. deputies may not carry out any profit-making activity that stems from the property of the state or of local government, nor may they profit from this property. for every violation of paragraph 3 of this article, on the motion of the chairman of the assembly or one-tenth of its members, the assembly decides on sending the issue to the constitutional court, which determines the incompatibility. article 71 the mandate of the deputy begins on the day when he is declared elected by the respective electoral commission. the mandate of the deputy ends or is invalid, as the case may be: when he does not take the oath; when he resigns from the mandate; when one of the conditions of ineluctability provided for in articles 69, and 70, paragraphs 2 and 3 is ascertained; when the mandate of the assembly ends; when he is absent for more than six consecutive months in the assembly without reason; when he is convicted by a final court decision for commitment of a crime. article 72 before beginning the exercise of the mandate, the deputies take the oath in the assembly. article 73 the deputy is not held responsible for opinions expressed in the assembly and votes cast by him in the exercise of the function. this provision is not applicable in the case of defamation. a deputy cannot be arrested or deprive him of liberty in any form nor may a personal search or a search of the residence be exercised against him without the authorisation of the assembly. a deputy can be arrested or detained without authorisation when he is captured during or immediately after the commission of a crime. the general prosecutor or chief special prosecutor immediately notifies the assembly, which, when it finds that there is no room for proceedings, orders the lifting of the measure. for the cases provided in paragraphs 2 and 3 of this article, the assembly may hold discussions in closed sessions for reasons of data protection. the decision is taken by open voting. chapter iii. organization and functioning article 74 the assembly conducts its annual work in two sessions. the first session begins on the third monday of january and the second session on the first monday of september. the assembly meets in extraordinary session when it is requested by the president of the republic, the prime minister or by one-fifth of all the deputies. extraordinary sessions are called by the speaker of the assembly on the basis of a determined agenda. article 75 the assembly elects and discharges its chairman. the assembly is organized and functions according to regulations approved by the majority of all the members. article 76 the chairman chairs debates, directs the work, assures respect for the rights of the assembly and its members, as well as represents the assembly in relations with others. the highest civil employee of the assembly is the general secretary. other services necessary for the functioning of the assembly are carried out by other employees, as specified in the internal regulation. article 77 the assembly elects standing committees from its ranks and may also establish special committees. the assembly has the right and, upon the request of one-fourth of its members is obliged, to designate investigation committees to review a particular issue. its conclusions are not binding on the courts, but they may be made known to the office of the prosecutor, which evaluates them according to legal procedures. investigation committees operate according to the procedures set by law. article 78 the assembly decides with a majority of votes, in the presence of more than half of its members, except for the cases where the constitution provides for a qualified majority. meetings of the deputies, which are convened without being called in accordance to the regulations, do not have any effect. article 79 meetings of the assembly are open. at the request of the president of the republic, the prime minister or one-fifth of the deputies, meetings of the assembly may be closed, when a majority of all its members have voted in favour of it. article 80 the prime minister and any other member of the council of ministers is obligated to answer to interpellations and questions of the deputies within three weeks. a member of the council of ministers has the right to take part in meetings of the assembly or of its committees; he is given the floor whenever he requests it. the heads of state institutions, on request of the parliamentary committees, give explanations and inform on specific issues of their activity to the extent that law permits. chapter iv. the legislative process article 81 the council of ministers, every deputy, and 20,000 electors each have the right to propose laws. the following are approved by three-fifths of all members of the assembly: the laws for the organization and operation of the institutions provided for in the constitution; the law on citizenship; the law on general and local elections; the law on referendum; the codes; the law for the state of emergency; the law on the status of public functionaries; the law on amnesty; the law on administrative divisions of the republic article 82 the proposal of laws, when this is the case, must always be accompanied by a report that justifies the financial expenses for its implementation. no non-governmental draft law that brings about an increase in the expenses of the state budget or diminishes income can be approved without taking the opinion of the council of ministers, which must be given within 30 days from the date of receiving the draft law. if the council of ministers does not give an answer within the above term, the draft law passes for review according to the normal procedure. article 83 a draft law is voted on three times: in principle, article by article, and in its entirety. the assembly may, at the request of the council of ministers or one-fifth of all the deputies, review and approve a draft law with an expedited procedure, but not sooner than one week from the beginning of the procedure of review. the expedited procedure is not permitted for the review of the draft laws provided for in article 81, paragraph 2, with the exception of subparagraph a. article 84 president of the republic promulgates the approved law within 20 days from its presentation. the law shall be considered as promulgated, if the president does not assume the entitlements provided for in paragraph 1 of this article and in paragraph 1 of article 85. the law shall enter into effect not earlier than 15 days since its publication in the official journal. in the event of the extraordinary measures, as well as in case of need and emergency, the law shall enter into effect immediately, after being announced publicly. the law shall be published in the upcoming edition of the official journal. article 85 the president of the republic has the right to return a law for review only once. the decree of the president for the review of a law loses its effect when a majority of all the members of the assembly vote against it. part four. the president of the republic article 86 the president of the republic is the head of state and represents the unity of the people. only an albanian citizen by birth who has been a resident in albania for not less than the past 10 years and who has reached the age of 40 may be elected president. article 87 the candidate for president is proposed to the assembly by a group of not less than 20 mps. one mp is not allowed to propose more than one candidate at the same time. the president of the republic is elected by secret vote and without debate by the assembly. the assembly conducts up to five voting rounds for the election of the president. the first voting takes place not later than seven days from the beginning of the procedure for the election of the president. each of the other voting takes place not later than seven days from the unsuccessful completion of the preceding voting. a voting is deemed as completed even when no candidates are running in the competition. new candidates may run in the second, third and fourth voting, in accordance with the conditions of point 1 of this article. the president is elected in the first, second or third voting when one candidate receives not less than three fifths of the votes of all the members of the assembly. in the fourth and fifth voting, the candidate that receives more than half of the votes of all the members of the assembly is elected president. the fifth voting takes place when none of the candidates receive the required majority of votes in the fourth voting. the fifth voting takes place only between the two candidates who have received the highest number of votes in the fourth voting. if there are more than two candidates with the same number of votes, the candidate who will run in the voting shall be determined by lot. if, after the fourth voting, there are no candidates left to compete, new candidates may run in this voting in accordance with the conditions of point 1 of this article. if more than two candidates are proposed to run, the voting takes place between the two candidates that have ensured the highest number of the proposing mps. if, even after the fifth voting none of the candidates has received the required majority of votes, or if after the unsuccessful completion of the fourth voting no new candidates are proposed, the assembly is dissolved. the new elections take place within 45 days from its dissolution. the subsequent assembly elects the president of the republic by a majority of all its members. article 88 the president of the republic is in every case elected for 5 years, with the right of re-election only once. the mandate expires on the same date of the same month of the fifth year from the date the president of the republic takes his oath. the mandate of the president is extended only in case of war, and for as long as the war continues. the procedure for the election of the president begins not later than 60 days before the termination of the preceding presidential mandate. when the presidential mandate ends during the six months preceding the end of the mandate of the existing assembly, the procedure for the election of the president starts no later than 60 days prior to the ending of the mandate of the assembly. the president begins his duties after he takes the oath before the assembly, but not before the mandate of the president who is leaving has been completed. the president swears as follows: "i swear that i will obey to the constitution and laws of the country, that i will respect the rights and freedoms of citizens, protect the independence of the republic, and i will serve the general interest and the progress of the albanian people." the president may add: "so help me god!" a president who resigns before the end of his mandate cannot be a candidate in the presidential election that takes place after his resignation. article 89 the president of the republic cannot hold any other public post, cannot be a member of a party or carry out other private activity. article 90 the president of the republic is not held responsible for acts carried out in the exercise of his duty. the president of the republic may be discharged for serious violations of the constitution and for the commission of a serious crime. in these cases, a proposal to discharge the president may be made by not less than one-fourth of the members of the assembly and must be supported by not less than two-thirds of all its members. the decision of the assembly is sent to the constitutional court, which, when it proves the culpability of the president of the republic, declares his discharge from duty. article 91 when the president of the republic is temporarily unable to exercise his functions or his post remains vacant, the chairman of the assembly takes his post and exercises his powers. in case the president cannot exercise his duty for more than 60 days, the assembly by two-thirds of all its members decides on sending the issue to the constitutional court, which conclusively proves the fact of his incapacity. when the incapacity is proved, the post of the president remains vacant and the election of the new president begins within 10 days from the date the incapacity is proved. article 92 the president also exercises these powers: address messages to the assembly; exercise the right of pardon according to the law; grant albanian citizenship and permits it to be given up according to the law; gives decorations and titles of honour according to the law; accord the highest military ranks according to the law; appoint and release plenipotentiary representatives of the republic of albania to other states and international organizations on the proposal of the prime minister; accept letters of credentials and the withdrawal of diplomatic representatives of other states and international organizations accredited to the republic of albania; sign international agreements according to the law; appoint the director of the state intelligence service upon proposal of the prime minister; nominate the chairman of the academy of sciences and the rectors of universities pursuant to law; set the date of the elections for the assembly, local government bodies and the conduct of referendums; request opinions and information in writing from the directors of state institutions for issues that have to do with their duties. article 93 the president of the republic, in the exercise of his powers, issues decrees. article 94 the president of the republic cannot exercise other powers besides those recognized expressly in the constitution and granted by laws issued in compliance with it. part five. the council of ministers article 95 the council of ministers consists of the prime minister, deputy prime minister, and ministers. the council of ministers exercises every state function that is not given to other bodies of state power or local government. article 96 the president of the republic, at the beginning of the legislature, as well as when the post of the prime minister remains vacant, appoints the prime minister on the proposal of the party or coalition of parties that have the majority of seats in the assembly. when the appointed prime minister is not approved by the assembly, the president appoints a new prime minister within 10 days. when even the newly appointed prime minister is not approved by the assembly, the assembly elects another prime minister within 10 days. in this case, the president appoints the new prime minister. if the assembly fails to elect a new prime minister, the president of the republic dissolves the assembly. article 97 the prime minister appointed according to article 96, article 104 or article 105 presents to the assembly for approval, within 10 days, the policy program of the council of ministers together with its composition. article 98 a minister is appointed and dismissed by the president of the republic, on the proposal of the prime minister, within 7 days. the decree is reviewed by the assembly within 10 days. article 99 before the prime minister, deputy prime minister, and ministers take the office, they swear before the president of the republic. article 100 the council of ministers determines the principal directions of the general state policy. the council of ministers takes decisions upon the proposal of the prime minister or the respective minister. meetings of the council of ministers are closed. acts of the council of ministers are valid when signed by the prime minister and the proposing minister. the council of ministers issues decisions and instructions. article 101 the council of ministers, in cases of necessity and emergency, may issue, under its responsibility, normative acts having the force of law for taking temporary measures. these normative acts are immediately submitted to the assembly, which is convened within 5 days if it is not in session. these acts lose force retroactively if they are not approved by the assembly within 45 days. article 102 the prime minister: represents the council of ministers and chairs its meetings; outlines and presents the principal directions of general state policy and is responsible for them; assures the implementation of legislation and policies approved by the council of ministers; coordinates and supervises the work of the members of the council of minister and other institutions of the central state administration; performs other duties prescribed in the constitution and the laws. the prime minister resolves disagreements between ministers. the prime minister, in the exercise of his powers, issues orders. the minister, within the principal directions of general state policy, directs, under his responsibility, actions for which he has powers. the minister, in the exercise of his powers, issues orders and instructions. article 103 anyone who has the capacity to be a deputy may be appointed a minister. a minister may not exercise any other state function nor be a director or member of the bodies of profit-making companies. members of the council of ministers enjoy the immunity of a deputy. article 104 the prime minister is entitled to present to the assembly a motion of confidence for the council of ministers. if the motion of confidence is voted by less than half of all the members of the assembly, the prime minister, within 48 hours from the voting of the motion, requests the president of the republic to dissolve the assembly. the president dissolves the assembly within 10 days from the receipt of the request. a request for a motion of confidence may not be presented while a motion of no confidence is being examined according to article 105. the voting of the motion may not take place unless three days have passed since its submission. article 105 one-fifths of the members of assembly is entitled to present for voting to the assembly a motion of no confidence towards the incumbent prime minister, by proposing a new prime minister. the assembly may vote a motion of no confidence towards the prime minister only by electing a new prime minister with the votes of more than half of all the members of the assembly. the president of the republic decrees the dismissal of the incumbent prime minister and the appointment of the elected prime minister not later than 10 days from the voting of the motion at the assembly. article 106 the prime minister and the ministers are obligated to stay in office until the appointment of the new council of ministers. article 107 public employees apply the law and are in the service of the people. employees in the public administration are selected through competition, except when the law provides otherwise. guarantees of tenure and legal treatment of public employees are regulated by law. part six. local government article 108 the units of local government are communes or municipalities and regions. other units of local government are regulated by law. the territorial-administrative division of the units of local government are established by law on the basis of mutual economic needs and interests and historical tradition. their borders may not be changed without first taking the opinion of the inhabitants. communes and municipalities are the basic units of local government. they perform all the duties of self-government, with the exception of those that the law gives to other units of local government. self-government in the local units is exercised through their representative organs and local referenda. the principles and procedures for the organization of local referenda are provided by law in accordance with article 151, paragraph 2. article 109 the representative authorities of the basic local governance shall be the councils, which are elected in every four years, through general, direct and secret voting. the executive organ of a municipality or commune is the chairman, who is elected directly by the people in the manner provided for in paragraph 1 of this article. only citizens who have a permanent residence in the territory of the respective local entity have the right to be elected to the local councils and as chairman of the municipality or commune. the organs of local government units have the right to form unions and joint institutions with one another for the representation of their interests, to cooperate with local units of other countries, and also to be represented in international organizations of local powers. article 110 a region consists of several basic units of local government with traditional, economic and social ties and joint interests. the region is the unit in which regional policies are constructed and implemented and where they are harmonized with state policy. the representative organ of the region is the regional council. municipalities and communes delegate members to the regional council in proportion to their population, but always at least one member. the chairperson of communes and municipalities are always members of the regional council. other members are elected through proportional lists from among the municipal or communal councillors by their respective councils. the regional council has the right to issue orders and decisions with general obligatory force for the region. article 111 the units of local government are legal entities. the units of local government have an independent budget, which is created in the manner provided by law. article 112 powers of state administration by law may be delegated to units of local government. expenses that are incurred in the exercise of the delegation are covered by the state. bodies of local government are assigned duties only in compliance with law or according to agreements achieved by them. the expenses that are connected with the duties assigned by law to the bodies of local government are covered by the budget of the state. article 113 the councils of the communes, municipalities and regions: regulate and administer in an independent manner local issues within their jurisdiction; exercise the rights of ownership, administer in an independent manner the income created, and also have the right to exercise economic activity; have the right to collect and spend the income that is necessary for the exercise of their functions; have the right, in compliance with law, to establish local taxes as well as their level; establish rules for their organization and functioning in compliance with law; create symbols of local government as well as local titles of honour; undertake initiatives for local issues before the bodies defined by law. the bodies of local government issue directives, decisions and orders. the rights of self-government of the units of local government are protected in court. article 114 the council of ministers appoints a prefect in every region as its representative. the powers of the prefect are defined by law. article 115 a directly elected body of a local government unit may be dissolved or discharged by the council of ministers for serious violations of the constitution or the laws. the dissolved or discharged body has the right to complain, within 15 days, to the constitutional court, and in this case, the decision of the council of ministers is suspended. if the right to complain is not exercised within 15 days, or when the constitutional court upholds the decision of the council of ministers, the president of the republic sets a date for holding of elections of the respective unit of local government. part seven. normative acts and international agreements chapter i. normative acts article 116 normative acts that are effective in the entire territory of the republic of albania are: the constitution; ratified international agreements; the laws; normative acts of the council of ministers. acts that are issued by the bodies of local government are effective only within the territorial jurisdiction exercised by these bodies. normative acts of ministers and steering bodies of other central institutions of the state are effective in the entire territory of the republic of albania within the sphere of their jurisdiction. article 117 the laws, normative acts of the council of ministers, ministers, other central state institutions, acquire juridical force only after they are published in the official journal. the promulgation and publication of other normative acts is done according to the manner provided by law. international agreements that are ratified by law are promulgated and published according to the procedures that are provided for laws. the promulgation and publication of other international agreements is done according to law. article 118 sub-legal acts are issued on the basis of and for implementation of the laws by the bodies provided for in the constitution. a law must authorize the issuance of sub-legal acts, designate the competent body, the issues that are to be regulated, as well as the principles on the basis of which these sub-legal acts are issued. the body authorized by law to issue sub-legal acts as specified in paragraph 2 of this article may not delegate its power to another body. article 119 the rules of the council of ministers, of the ministries and other central state institutions, as well as orders of the prime minister, of the ministers and heads of other central institutions, have an internal character and are binding only on the administrative entities that are subordinated to these bodies. these acts are issued on the basis of law and may not serve as a basis for taking decisions connected with individuals and other subjects. the rules and orders are issued on the basis of, and for implementation of, acts that have general juridical force. article 120 the principles and procedures for the issuance of local juridical acts are provided by law. chapter ii. international agreements article 121 the ratification and denunciation of international agreements by the republic of albania is done by law if they have to do with: territory, peace, alliances, political and military issues; freedoms, human rights and obligations of citizens as are provided in the constitution; membership of the republic of albania in international organizations; the undertaking of financial obligations by the republic of albania; the approval, amendment, supplementing or repeal of laws. the assembly may, with a majority of all its members, ratify other international agreements that are not provided for in paragraph 1 of this article. the prime minister notifies the assembly whenever the council of ministers signs an international agreement that is not ratified by law. the principles and procedures for ratification and denunciation of international agreements are provided by law. article 122 any international agreement that has been ratified constitutes part of the internal juridical system after it is published in the official journal of the republic of albania. it is implemented directly, except for cases when it is not self-executing and its implementation requires issuance of a law. the amendment, supplementation and repeal of laws approved by the majority of all members of the assembly, for the effect of ratifying an international agreement, is done with the same majority. an international agreement that has been ratified by law has superiority over laws of the country that are not compatible with it. the norms issued by other international organizations have superiority, in case of conflict, on the laws of the country, when the agreement ratified by the republic of albania for its participation in this organization, expressly provide for the direct applicability of the norms issued by this organisation. article 123 the republic of albania, on the basis of international agreements, delegates to international organizations state powers for specific issues. the law that ratifies an international agreement as provided for in paragraph 1 of this article is approved by a majority of all members of the assembly. the assembly may decide that the ratification of such an agreement can be done through a referendum. part eight. constitutional court article 124 the constitutional court settles constitutional disputes and makes the final interpretation of the constitution. the constitutional court is subject only to the constitution. the constitutional court shall have a separate budget, which it administers independently. article 125 the constitutional court shall consist of 9 (nine) members. three members shall be appointed by the president of the republic, three members shall be elected by the assembly and three members shall be elected by the high court. the members shall be selected among the three first ranked candidates by the justice appointments council, in accordance with the law. the assembly shall appoint the constitutional court judges by three-fifth majority of its members. if the assembly fails to appoint the judges, within 30 days of the submission of the list of candidates by the justice appointment council, the first ranked candidate shall be deemed appointed. the judges of the constitutional court shall be appointed for a 9 year mandate without the right to re-appointment. the judge of the constitutional court shall have a law degree, at least 15 years of experience as judges, prosecutors, advocates, law professors or lectors, senior employees in the public administration, with a renowned activity in the constitutional, human rights or other areas of law. the judge shall not have held a political post in the public administration or a leadership position in a political party in the last past 10 years before becoming candidate. further criteria and the procedure for the appointment and election of judges of the constitutional court shall be provided for by law. one-third of the composition of the constitutional court shall be renewed every 3 years in accordance with the law. the constitutional court judge shall continue to stay in office until the appointment of the successor, except under cases of article 127, paragraph 1, subparagraph c, ã§), d), and dh). article 126 the constitutional court judge shall enjoy immunity in connection with the opinions expressed and the decisions made in the course of assuming the functions, except where the judge acts based upon personal interests or malice. article 127 the mandate of constitutional court judges shall end, upon: reaching the age of 70 years; the expiry of the 9 year mandate; his or her resignation; dismissed in accordance with the provisions of article 128 of the constitution; establishing the conditions of inelectibility and incompatibility; establishing incapacity to exercise the duties; the end of the mandate of the constitutional court judge shall be declared upon the decision of the constitutional court. where the position of a judge remains vacant, the responsible organ shall appoint a new judge, the latter staying in office until the expiry of the mandate of the outgoing judge. article 128 the constitutional court judge shall be disciplinarily liable in accordance with the law. the disciplinary procedure against a judge is adjudicated by the constitutional court, which decides on dismissal if he or she: commits serious professional or ethical misconduct which discredit the figure and the position of the judge during the exercise of his or her mandate; or is convicted with final court decision for commission of a crime. the judge of the constitutional court is suspended from its duty upon decision of the constitutional court when: against him or her the personal security measure of pre-detention or home arrest is given for commission of a criminal offence; he or she is accused for a serious crime committed with intention; or upon initiation of the disciplinary proceeding in accordance with the law. article 129 the constitutional court judge shall assume office after swearing in before the president of the republic. article 130 being a constitutional court judge shall not be compatible with any other political, state as well as any other compensated professional activity, except for teaching, academic, and scientific activities, in accordance with the law. article 131 the constitutional court decides on: compatibility of the law with the constitution or with international agreements as provided for in article 122; compatibility of international agreements with the constitution, prior to their ratification; compatibility of normative acts of the central and local bodies with the constitution and international agreements; conflicts of competencies between powers, as well as between central government and local government; constitutionality of the parties and other political organizations, as well as their activity, according to article 9 of this constitution; dismissal from duty of the president of the republic and verification of his inability to exercise his functions; issues related to the electability and incompatibility in exercising the functions of the president of the republic, members of the parliament, officials of the other organs mentioned in the constitution, as well as to the verification of their election. constitutionality of the referendum and verification of its results; final examination of the complaints of individuals after all effective legal means for the protection of those rights have been exhausted against the acts of the public power or judicial acts impairing the fundamental rights and freedoms guaranteed by the constitution, unless provided elsewhere by the constitution. the constitutional court, in case it is set a motion to control the constitutionality of a law approved by the assembly on the revision of the constitution, according to article 177, it controls only the compliance with the procedural requirements foreseen in the constitution. article 132 the decisions of the constitutional court shall be final and binding for enforcement. the decisions of the constitutional court shall enter in force on the day of their publication in the official journal. the constitutional court may decide that its decision, which has examined the act, gives effect on another date. the minorityâ��s opinion shall be published along with the final decision. article 133 the admission of complaints for adjudication shall be decided by a number of judges as determined by law. final decisions of the constitutional court shall be decided with the majority of all members, unless otherwise regulated by law. article 134 recourse to the constitutional court shall be only upon the request of: president of the republic; prime minister; not less than one-fifth of the members of assembly; ombudsman; head of high state audit; any court, in the event of article 145, point 2, of this constitution; any commissioner established by law for the protection of the fundamental rights and freedoms guaranteed by the constitution; high judicial council and high prosecutorial council; local governance units; religious communities forums; political parties; organizations; individuals. the entities provided for in sub-paragraphs d, dh, e, ã«, f, g, gj, h, and i of paragraph 1 of this article may file a request only regarding the issues connected to their interests. part nine. the courts article 135 the judicial power shall be assumed by the high court as well as by the appeal courts, first instance courts, which shall be established by law. specialized courts shall be competent to adjudicate corruption and organized crime, as well as criminal offences committed by the president of the republic, speaker of the assembly, prime minister, the member of the council of ministers, the judge of the constitutional court, and high court and the prosecutor general, high justice inspector, the mayor, deputy of the assembly, deputy minister, the member of the high judicial council and high prosecutorial council, and heads of central or independent state institutions as defined by the constitution or by law, as well as charges against former above mentioned officials. the assembly may establish by law other specialized courts; however, under no circumstances shall it establish extraordinary courts. judges of these specialized courts provided in paragraph 2 of this article are appointed by the high judicial council in accordance with the law. judges of the specialized courts may only be removed from the office with a 2/3 majority of the high judicial council. the candidates for judges and judicial civil servant in the specialized courts, as well as their close family members, prior to their appointment, must successfully pass a review of their assets and their background and shall consent to periodic reviews of their financial accounts and personal telecommunications, in accordance with the law. article 136 the judges of the high court shall be appointed by the president of the republic upon proposal of the high judicial council, with a 9 years mandate, without the right to re-appointment. the president of the republic within 10 days following the day of the decision of the high judicial council shall appoint the judge of the high court, with the exception when there are grounds of his or her insufficient qualifications or ineligibility in accordance with the law. the decree of the president of the republic to reject the candidate loses its effect when the majority of the members of high judicial council vote against the decree. in this case, as well in case the president does not express him or herself, the candidate shall be deemed appointed and shall take office within 15 days following the date of the high judicial councilâ��s decision. the judges of the high court shall be selected from the ranks of the judges with at least 13 years of experience. one-fifth of the judges may be selected from among those renowned jurists with not less than 15 years of experience having worked as advocates, law professors or lectors, senior employees in the public administration or other practice of law. candidates who are not from the ranks of judges must have an academic grade in law. the judges who are not from the ranks of the judges shall not have held a political post in the public administration or a leadership position in a political party in the past 10 years before becoming candidate. further criteria and the procedure for the appointment and election of judges shall be regulated by law. the high court judge shall continue to stay in office until the appointment of the successor, except in cases under article 139, paragraph 1, subparagraph c), ã§), d) and dh). article 136-a judges are albanian citizens appointed by the high judicial council after finishing the school of magistrates and after passing a preliminary evaluation of their assets and their background, in accordance with the law. further criteria for the selection and appointment of the judge are regulated by law. article 137 the judge shall enjoy immunity in connection with the opinions expressed and the decisions made in the course of assuming the functions, except where the judge acts based upon personal interests or malice. article 138 the salary and other benefits of judges cannot be reduced, except when: general economic, financial measures need to be undertaken in order to avoid difficult economic situation of the country or other national emergences; the judge returns to the previous position which he or she held prior to this position; as a result of a disciplinary measure or is evaluated professionally as incapable, in accordance with the law; article 139 the mandate as high court judge shall end, upon: reaching the retirement age; the expiry of the 9 year mandate; his or her resignation; dismissed as provided in article 140 of the constitution; establishing the conditions of inelectibility and incompatibility; establishing incapacity to exercise the duties; the end of the mandate of the high court judge shall be declared upon the decision of the high court. the procedure for the appointment of the judge as a judge in a different court upon expiry of mandate is regulated by law. article 140 the judge shall be disciplinarily liable in accordance with the law. the judge shall be dismissed upon decision of the high judicial council when he or she: commits serious professional or ethical misconduct which discredit the figure and the position of the judge during the exercise of his or her duties; or is convicted with final court decision for commission of a crime. the judge is suspended from its duty upon decision of the high judicial council when: against him or her the personal security measure of predetention or home arrest is given for commission of a criminal offence; or he or she is accused for a serious crime committed with intention; upon initiation of the disciplinary proceedings in accordance with the law. against the dismissal decision, appeal can be filed at the constitutional court. article 141 the high court shall decide cases relating to the meaning and application of the law in order to ensure the unification or evolution in the judicial practice, in accordance with the law. for the change of the judicial practice, the high court shall draw for review by the joint chambers, specific judicial issues decided by the chambers, in accordance with the law. article 142 judicial decisions must be reasoned. the high court must publish its decisions as well as minority opinions. the state bodies are obliged to execute judicial decisions. article 143 being a judge shall not be compatible with any other political, state as well as any other compensated professional activity, except for teaching, academic, scientific activities, or secondment to justice institutions in accordance with the law. article 144 [removed] article 145 judges are independent and subject only to the constitution and the laws. when judges find that a law comes into conflict with the constitution, they do not apply it. in this case, they suspend the proceedings and send the case to the constitutional court. decisions of the constitutional court are binding for all courts. interference in the activity of the courts or the judges entails liability according to law. article 146 courts shall render their decisions in the name of the republic. the judicial decisions shall, under all circumstances, be announced publicly. article 147 the high judicial council shall ensure the independence, accountability and appropriate functionality of the judicial power in the republic of albania. the high judicial council shall be composed of 11 members, six of which are elected by the judges of all levels of the judicial power and five members are elected by the assembly among jurists who are non-judges. the judge members shall be selected from judges of high moral integrity and professional proficiency in accordance with an open and transparent procedure that ensures a fair representation of all levels of the judiciary. the lay member shall be selected among highly qualified jurist, with no less than 15 years of professional experience, of high moral and professional integrity. the lay member shall not have held a political post in the public administration or a leadership position in a political party in the last past 10 years before becoming candidate. further criteria and the procedure for selecting and ranking the candidates are provided by law. two lay members shall be elected from the advocates, two from the corps of law professors and the school of magistrates and one shall be from civil society. the secretary general of the assembly, based on an open call and transparent procedure, shall announce the vacancies in accordance with the law. the secretary general of the assembly, not later than 10 days from the presentation of the applications, shall verify if the candidates fulfill the criteria foreseen in the constitution and the law and assess the professional and moral criteria to be a member of the high judicial council. in case the candidates do not fulfil the criteria to be elected, the secretary general of the assembly deletes candidates from the list. the secretary general of the assembly, upon completion of the verification sends immediately to the parliamentary committee under paragraph 7 of this article the list of candidates who fulfill the formal criteria. the parliamentary committee responsible for legal issues establishes a subcommittee for the further assessment and selection of candidates not later than three days from the submission of the list. the subcommittee is composed of five members of the assembly, three members nominated by the parliamentary majority and two by the opposition. the subcommittee may with at least four votes include a candidate who was previously removed from the list by the secretary general of the assembly. the subcommittee selects the candidates supported by 4 members. in case the majority cannot be reached the candidate shall be selected by lot. the selections from the subcommittee are consolidated into one list and sent to the chairman of the assembly. within ten days, the assembly may reject the entire list of candidates as a block by a majority of two-thirds. if the list is rejected, the procedure shall be repeated by the subcommittee under paragraph 7 of this article, but no more than two times. if the assembly after the competition of the procedure for the third time, has not approved the presented list, the candidates of this list shall be deemed elected. detailed procedures shall be regulated by law. the chairperson of the high judicial council is elected by its members from the ranks of the lay members in accordance with the law. members of the high judicial council shall practice their duty full-time for a period of five years without the right of immediate re-election. at the end of the term, the judge members return to their previous working positions. the mandate of judges of the high court, or specialized courts shall be suspended during the period of time of their service as member of high judicial council. the lay members who before the appointment worked full time in the public sector shall return to the previous working positions or, if not possible, to positions equivalent to them. article 147-a the high judicial council shall exercise the following powers: appoints, evaluates, promotes and transfers judges of all levels; decides on disciplinary measures on judges of all levels; proposes to the president of the republic candidates for judges of the high court in accordance with the law; approves the rules of judicial ethics and monitors their observation; directs and manages the administration of the courts with the exception of the management of the information technology structure of the courts, which is regulated upon decision of the council of ministers; proposes and administers its own budget and the budget of the courts; informs the public and the assembly on the state of the judicial system; exercises other powers defined by law. the law may provide the establishment of decision making sub-bodies of the high judicial council. the minister of justice may participate, without the right to vote, in the meetings of the high judicial council when issues of strategic planning and budget of the judiciary are discussed. article 147-b the mandate of the member of the high judicial council shall end upon: reaching the retirement age; expiry of the 5 year mandate; his or her resignation; dismissal in accordance with the provisions of 147-c; establishing the conditions of inelectibility and incompatibility; establishing of incapacity to exercise the duties; the expiry of the mandate of the member shall be declared upon a decision of the high judicial council. where the position of the member remains vacant, the body having appointed the preceding member, shall, under article 147, appoint the new member, the latter staying in office until the expiry of the member of the outgoing member. the member shall continue to stay in office until the appointment of the successor, except under cases provided in subparagraph c), ã§), d) and dh) of paragraph 1 of this article. article 147-c the member of the high judicial council shall be disciplinarily liable in accordance with the law. the member shall be dismissed upon decision of the constitutional court if he or she: commits serious professional or ethical misconduct; is convicted with final court decision for commission of a crime. the member is suspended from its duty upon decision of the constitutional court when: against him or her the personal security measure of predetention or home arrest is given for commission of a criminal offence; or he or she is accused for a serious crime committed with intention. upon initiation of the disciplinary proceedings in accordance with the law. article 147㧠being a member of the high judicial council shall not be compatible with any other political, state as well as any other compensated professional activity, except for teaching, academic, and scientific activities in accordance with the law. article 147-d the high justice inspector shall be responsible for the verification of complaints against judges and prosecutors of all levels, members of the high judicial council, high prosecutorial council and prosecutor general, as well as for the investigation, on its own initiative, of the disciplinary misconduct and initiation of disciplinary procedure against them, in accordance with the law. the high justice inspector shall also be responsible for inspecting the courts and prosecution offices as institutions. the high justice inspector is elected upon three fifth majority of all members of the assembly, for nine years, without the right to re-election, among highly qualified jurists with no less than 15 years of professional experience, of high moral and professional integrity. he or she shall not have held a political post in the public administration or a leadership position in a political party in the last past 10 years before becoming candidate. the high justice inspector is elected from the list of five candidates selected and ranked by the justice appointment council based on a transparent and open procedure of the most qualified candidates. if the assembly does not reach the majority of three-fifths for any of the candidates, within 30 days of receiving the list, the highest ranking candidate is automatically appointed. the high justice inspector shall have the status of the high court judge. the procedures for the decision making of the high justice inspector are regulated by law. decision imposing sanctions on inspectors shall be appealed at the constitutional court. article 147-dh the mandate of the high justice inspector ends when: reaching the retirement age; ends the mandate of 9 years; his or her resignation; dismissal in accordance with article 147-e of the constitution; establishing the conditions of inelectibility and incompatibility; establishing the incapacity to exercise the duties; the end of the mandate of the high justice inspector is declared by decision of the joint meeting of the high judicial council and high prosecutorial council. the high justice inspector remains in duty until the appointment of the new inspector, except under cases under paragraph 1, subparagraph c, ã§), d), and dh). after the end of the mandate and upon his or her request, the high justice inspector shall be appointed in the position he or she held before the appointment or in positions equivalent to them. article 147-e the high justice inspector shall be disciplinarily liable in accordance with the law. the high justice inspector shall be dismissed upon decision of the constitutional court if he or she: commits serious professional or ethical misconduct; is convicted with final court decision for commission of a crime; a parliamentary investigative comittee shall investigate allegations of misconduct by the high justice inspector, respecting his or her rights to a fair trial. the parlametary invetigative comittee proposes the dismissal of the high justice inspector in cases when he or she finds out misconducts as provided in paragraph 2 of this article in accordance with the law. the high justice inspector is suspended from its duty upon decision of the constitutional court when: against him or her the personal security measure of predetention or home arrest is given for commission of a criminal offence; or he or she is accused for a serious crime committed with intention; upon initiation of the disciplinary proceedings in accordance with the law. article 147ã« being the high justice inspector shall not be compatible with any other political, state as well as any other compensated professional activity, except for teaching, academic, and scientific activities in accordance with the law. part ten. prosecution office article 148 the prosecution office exercises criminal prosecution and represents accusation in court on behalf of the state. the prosecution office performs other duties in accordance with the law. the prosecution office is an independent body, which shall ensure the coordination and control of its actions as well as respects the internal independence of prosecutors to investigate and prosecute, in accordance with the law. the prosecution is organized and functions near the judiciary system. a special prosecution office, which is independent from the prosecutor general, and an independent investigation unit, shall investigate and prosecute corruption, organized crime and crimes in accordance with article 135 paragraph 2 of the constitution. the independent investigation unit shall be subordinate to the special prosecution office. article 148-a the prosecutor general is appointed by three-fifths of the members of assembly among three candidates proposed by the high prosecutorial council, for a seven-year, non-renewable mandate. the high prosecutorial council shall select and rank the three most qualified candidates, based on an open and transparent procedure and forwards them to the assembly, in accordance with the law. the prosecutor general shall be selected among highly qualified jurists, with no less than 15 years of professional experience as jurists, of high moral and professional integrity, that have graduated from the school of magistrates or academic degree in law. he or she shall not have held a political post in the public administration or a leadership position in a political party in the last past 10 years before becoming candidate. if the assembly cannot elect the prosecutor general within 30 days of receiving the proposals from the high prosecutorial council, the highest ranking candidate is automatically appointed. after the end of the mandate and upon his or her request, the prosecutor general shall be appointed in the position he or she held before the appointment or as judge in the court of appeal. article 148-b the prosecutor general exercises these powers: represents accusation in the high court and cases before the constitutional court, unless represented by prosecutors of the special prosecution office; issues only written general guidance to prosecutors, with the exception of prosecutors of the special prosecution office; manages the prosecution office administration, with the exception of the administration of the special prosecution office. the establishment and management of the information technology structure is regulated upon decision of the council of ministers; proposes and administers the budget of the prosecution office with the exception of the budget for the special prosecution office; reports to the assembly on the situation of criminality; exercises other powers defined by law. article 148-c the mandate of the prosecutor general ends when: reaches the retirement age; expiry of the 7 year mandate; his or her resignation; dismissal according to a procedure provided in article 149-c; establishing the conditions of inelectibility and incompatibility; establishing the incapacity to exercise the duties; the termination of the mandate of the prosecutor general is declared by decision of the high prosecutorial council. article 148㧠prosecutors are albanian citizens appointed by the high prosecutorial council after finishing the school of magistrates and after a passing an evaluation of their assets and their background in accordance with the law. further criteria for the selection and appointment of prosecutors are regulated by law. article 148-d the prosecutor shall be disciplinarily liable in accordance with the law. the prosecutor shall be dismissed upon decision of the high prosecutorial council when he or she: commits serious professional or ethical misconduct which discredits the figure and the position of the prosecutor during the exercise of his or her duties; or is convicted with final court decision for commission of a crime. against the dismissal decision, appeal can be filed at the constitutional court. the prosecutor is suspended from its duty upon decision of the high prosecutorial council when: against him or her the personal security measure of predetention or home arrest is given for commission of a criminal offence; or he or she is accused for a serious crime committed with intention; upon initiation of the disciplinary proceedings in accordance with the law. article 148-dh the special prosecution office exercises criminal prosecution and represents accusation in the specialized courts under article 135 paragraph 2 of the constitution as well as the high court. the high prosecutorial council shall assign at least 10 prosecutors to the special prosecution office for a 9-year mandate, without the right to re-appointment. further criteria for the selection of the prosecutors as well as the transparent and open procedure are regulated by law. the chief special prosecutor shall be elected by a majority of the high prosecutorial council from the ranks of special prosecutors for a three-year term, without the right to re-appointment, in accordance with the law. the special prosecutor may only be removed from the office before their mandate ends in cases of serious misconduct or for commission of a crime with a 2/3 majority of the high prosecutorial council. the candidate to be special prosecutors, personnel in the special prosecution office and independent investigation unit, as well as their close family members, prior to their appointment, must successfully pass a review of their assets and their background and shall consent to periodic reviews of their financial accounts and personal telecommunications, in accordance with the law. article 149 the high prosecutorial council shall guarantee the independence, accountability, discipline, status and career of prosecutors in the republic of albania. the high prosecutorial council shall be composed of 11 members, six of which are elected by the prosecutors of all levels of the prosecution office and five members are elected by the assembly among jurists who are non-prosecutors. the prosecutor members shall be selected from prosecutors of high moral and professional integrity in accordance with an open and transparent procedure that ensures a fair representation of all levels of the prosecution system. the lay member shall be selected among highly qualified jurist, with no less than 15 years of professional experience, of high moral and professional integrity. the lay member shall not have held a political post in the public administration or a leadership position in a political party in the last past 10 years before becoming candidate. further criteria and the procedure for selecting and ranking the candidates are provided by law. two lay members shall be elected from the advocates, two from the corps of law professors and the school of magistrates and one shall be from civil society. the secretary general of the assembly, based on an open call and transparent procedure, shall announce the vacancies in accordance with the law. the secretary general of the assembly, not later than 10 days from the presentation of the applications, shall verify if the candidates fulfill the criteria foreseen in the constitution and the law and assess the professional and moral criteria to be a member of the high prosecutorial council. in case the candidates do not fulfill the criteria to be elected, the secretary general of the assembly deletes candidates from the list. the secretary general of the assembly, upon completions of the verification sends immediately to the parliamentary committee under paragraph 7 of this article the list of candidates who fulfill the formal criteria. the parliamentary committee responsible for legal issues establishes a subcommittee for the further assessment and selection of candidates not later than three days from the submission of the list. the subcommittee is composed of five members of the assembly, three members nominated by the parliamentary majority and two by the opposition. the subcommittee may with at least four votes include a candidate who was previously removed from the list by the secretary general of the assembly. the subcommittee selects the candidates supported by 4 members. in case the majority cannot be reached the candidate shall be selected by lot. the selections from the subcommittee are consolidated into one list and sent to the chairman of the assembly. within ten days, the assembly may reject the entire list of candidates as a block by a majority of two-thirds. if the list is rejected, the procedure shall be repeated by the subcommittee under paragraph 7 of this article, no more than two times. if the assembly after the competition of the procedure for the third time, has not approved the presented list, the candidates of this list shall be deemed elected. detailed procedures shall be regulated by law. the chairperson of the high prosecutorial council is elected by its members from the ranks of the lay members in accordance with the law. members of the high prosecutorial council shall practice their duty full-time for a period of five years without the right of immediate re-appointment. at the end of the term, the prosecutor members return to their previous working positions. the mandate of the special prosecutor shall be suspended during the period of time of the exercise of the duties as member of high prosecutorial council. the lay members who before the appointment worked full time in the public sector shall return to the previous working positions or, if not possible, to positions equivalent to them. article 149-a the high prosecutorial council shall exercise the following powers: appoints, evaluates, promotes and transfers all prosecutors of all levels; decides on disciplinary measures against all prosecutors of all levels; proposes to the assembly candidates for prosecutor general in accordance with the law; adopts rules of ethics for prosecutors and supervises their observance; proposes and administers its own budget; informs the public and the assembly on the state of the prosecution office; and exercises other responsibilities as regulated by law. the law shall provide for the establishment of decision-making sub-bodies of the high prosecutorial council. article 149-b the mandate of the member of the high prosecutorial council shall end upon: reaching the retirement age; expiry of the 5 year mandate; his or her resignation; dismissal according to the provisions of article 149-c; establishing the conditions of inelectibility and incompatibility; establishing the incapacity to exercise the duties; the expiry of the mandate of the member shall be declared upon a decision of the high prosecutorial council. where the position of the member remains vacant, the body having appointed the preceding member, shall under article 149, appoint the new member, the latter staying in office until the expiry of the member of the outgoing member. the member shall continue to stay in office until the appointment of the successor, except under cases provided in subparagraph c), ã§), d) and dh) of paragraph 1 of this article. article 149-c the prosecutor general and member of the high prosecutorial council shall be disciplinarily liable in accordance with the law. the prosecutor general and member shall be dismissed upon decision of the constitutional court if he or she: commits serious professional or ethical misconduct; is convicted with final court decision for commission of a crime. the prosecutor general and member is suspended from its duty upon decision of the constitutional court when: against him or her the personal security measure of predetention or home arrest is given for commission of a criminal offence; or he or she is accused for a serious crime committed with intention. upon initiation of the disciplinary proceedings in accordance with the law. article 149㧠being prosecutor general, prosecutor or a member of the high prosecutorial council shall not be compatible with any other political, state as well as any other compensated professional activity, except for teaching, academic, and scientific activities in accordance with the law. article 149-d the justice appointments council is responsible for verifying the fulfillment of legal requirements and assessment of professional and moral criteria of the candidates for the high justice inspector, as well as for the members of the constitutional court. the justice appointments council examines and ranks the candidates according to their professional merits. the ranking is not binding except when the assembly fails to make an appointment. the justice appointments council meets whenever it is necessary. the justice appointments council shall consist of nine members selected by lot from the ranks of judges and prosecutors who are not under disciplinary measures, who shall serve a one-year term beginning on january 1 each year. between december 1 and december 5 of each year, the president shall select by lot two judges of the constitutional court, one judge of the high court, one prosecutor from the office of the prosecutor general, two judges and two prosecutors from the courts of appeal and one judge from the administrative courts. if the president does not make this selection by december 5, the chairperson of the assembly shall make the selection by lot before december 10 of the year. the ombudsperson shall serve as an observer of the selection by lot of the justice appointment council, as well as its meetings and operations. the member from the high court is chairperson of the justice appointments council. the high court creates working conditions for the operation of the justice appointments council. further qualification criteria of the scale of qualification of candidates participating in the lot and the organization and functioning of the justice appointments council are regulated by law. part eleven. referendum article 150 the people, through 50 thousand citizens, who enjoy the right to vote, have the right to a referendum for the abrogation of a law, as well as to request the president of the republic to hold a referendum about issues of special importance. the assembly, upon the proposal of not less than one-fifth of the deputies or the council of ministers, can decide that an issue or a draft law of special importance be presented for referendum. principles and procedures for holding a referendum, as well as its validity, are provided by law. article 151 a law approved by referendum is promulgated by the president of the republic. issues related to the territorial integrity of the republic of albania, limitations of fundamental human rights and freedoms, budget, taxes, financial obligations of the state, declaration and abrogation of the state of emergency, declaration of war and peace, as well as amnesty, cannot be voted upon in a referendum. a referendum upon the same issue cannot be repeated before 3 years have passed since it was held. article 152 the constitutional court reviews preliminarily the constitutionality of the issues presented for a referendum according to article 150, paragraphs 1 and 2, article 151, paragraphs 2 and 3, as well as article 177, paragraphs 4 and 5, within 60 days. the importance of special issues, as provided in paragraphs 1 and 2 of article 150, is not subject to adjudication in the constitutional court. the date of the referendum is set by the president of the republic within 45 days after the promulgation of the positive decision of the constitutional court or after the term within which the constitutional court had to have expressed itself has expired. article 153 [repealed] article 154 [repealed] part thirteen. public finances article 155 taxes, fees, and other financial obligations, national and local, reductions or exemptions of certain categories of taxpayers as well as the method of their collection are specified by law. in such cases, the law may not be given retroactive effect. article 156 the state can take and guarantee loans and financial credits when so authorized by law. article 157 the budgetary system is composed of the state budget and local budgets. the state budget is created by revenues collected from taxes, fees and other financial obligations as well as from other legitimate revenues. it includes all state expenses. local bodies define and collect taxes and other obligations as provided by law. state and local bodies are obliged to make public their revenues and expenses. article 158 the prime minister, on behalf of the council of ministers, presents to the assembly the draft law on the budget during the autumn session, which cannot be closed without approving it. if the draft law is not approved until the beginning of the next financial year, the council of ministers implements every month one-twelfth of the budget of the previous year, until the new budget is approved. the assembly approves the new budget within three months from the last day of the previous financial year, except when extraordinary measures have been decided. the council of ministers is obligated to present to the assembly a report about the implementation of the budget and about the state debt from the previous year. the assembly takes a final decision after having also listened to the high state audit report. article 159 principles and procedures for drafting the draft-budget, as well as for implementing it are defined by law. article 160 during the financial year, the assembly may make changes in the budget. the changes in the budget are made based on defined procedures for drafting and approving it. expenses foreseen in other laws cannot be reduced as long as these laws are in force. article 161 the central state bank is the bank of albania. it has the exclusive right to issue and circulate the albanian currency, to independently implement monetary policy, and maintain and administer the exchange reserves of the republic of albania. the bank of albania is directed by a council, which is chaired by the governor. the governor is elected by the assembly for 7 years, upon proposal of the president of the republic, with the right of re-election. part fourteen. the high state audit article 162 the high state audit is the highest institution of economic and financial control. it is subject only to the constitution and laws. the head of the high state audit is appointed and dismissed by the assembly upon proposal of the president of the republic. he stays in office for 7 years, with the right of re-election. article 163 the high state audit supervises: the economic activity of state institutions and other state legal entities; the use and preservation of state funds by the bodies of central and local government; the economic activity of legal entities, in which the state owns more than half of the quotas or shares, or when their debts, credits and obligations are guaranteed by the state. article 164 the high state audit presents to the assembly: a report on the implementation of the state budget; its opinion on the council of ministersâ�� report about the expenses of the previous financial year before it is approved by the assembly; information about the results of audits any time it is asked by the assembly. the high state audit presents to the assembly a yearly report on its activities. article 165 the head of the high state audit may be invited to participate and speak in the meetings of the council of ministers when questions related to its functions are reviewed. the head of the high state audit has the immunity of a member of the high court. part fifteen. armed forces article 166 the albanian citizens have the duty to participate in the defence of the republic of albania, as provided by law. the citizen, who for reasons of conscience refuses to serve with weapons in the armed forces, is obliged to perform an alternative service, as provided by law. article 167 military servicemen on active duty cannot be chosen or nominated for other state duties nor participate in a party or political activity. members of the armed forces or persons who perform an alternative service enjoy all the constitutional rights and freedoms, apart from cases when the law provides otherwise. article 168 the armed forces of the republic of albania are composed of the army, navy, and air force. the president of the republic is the general commander of the armed forces. the national security council is an advisory body of the president of the republic. article 169 the president of the republic in peacetime exercises the command of the armed forces through the prime minister and minister of defence. the president of the republic in wartime appoints and dismisses the commander of the armed forces upon proposal of the prime minister. the president of the republic, upon proposal of the prime minister, appoints and dismisses the chief of the general staff, and upon the proposal of the minister of defence appoints and dismisses the commanders of the army, navy, and air force. the powers of the president of the republic, as general commander of the armed forces, and those of the commander of the armed forces, their subordination to constitutional organs, are defined by law. part sixteen. extraordinary measures article 170 extraordinary measures can be taken due to a state of war, state of emergency or natural disaster and last for as long as these states continue. the principles of the activity of public bodies, as well as the extent of limitations on human rights and freedoms during the period of the existence of situations that require extraordinary measures, are defined by law. the law must define the principles, the areas, and the manner of compensation for losses caused as a result of the limitation of human rights and freedoms during the period in which extraordinary measures are taken. acts taken as a result of extraordinary measures must be in proportion with the level of risk and must aim to re-establish the conditions for the normal functioning of the state, as soon as possible. during the situations that require extraordinary measures to be taken, none of these acts may be changed: the constitution, the laws on the election of the assembly and local government organs, as well as the laws on extraordinary measures. during the implementation period of extraordinary measures, there may not be held elections for local government bodies, there may not be a referendum, and a new president of the republic may not be elected. the elections for the local government bodies can be held only in those places where the extraordinary measures are not implemented. article 171 in case of armed aggression against the republic of albania, the president of the republic upon request of the council of ministers declares the state of war. in case of external threat, or when a common defence obligation derives from an international agreement, the assembly, upon proposal of the president of the republic, declares the state of war and decides on the state of general or partial mobilization or demobilization. article 172 in the case of paragraph 1 of article 171, the president of the republic presents to the assembly the decree for establishing the state of war within 48 hours from its signing, specifying the rights to be limited. the assembly immediately reviews and decides with the majority of all its members, upon the decree of the president. article 173 in case of danger to the constitutional order and to public security, the assembly, with request of the council of ministers, may decide for a state of emergency in one part or the whole territory of the state, which lasts for as long as this danger continues, but not longer than 60 days. upon establishment of the state of emergency, the intervention of armed forces is done with a decision of the assembly and only when police forces are not able to restore order. the extension of the term of the state of emergency may be done only with the consent of the assembly, for each 30 days, for a period of time not longer than 90 days. article 174 for the prevention or the avoidance of the consequences of natural disasters or technological accidents, the council of ministers may decide on the state of natural disaster for a period not longer than 30 days, in one part or in the whole territory of the state. the extension of the state of natural disaster can be done only with the consent of the assembly. article 175 during the state of war or state of emergency the rights and freedoms provided for in articles: 15; 18; 19; 20; 21; 24; 25; 29; 30; 31; 32; 34; 39, paragraph 1; 41, paragraphs 1, 2, 3, and 5; 42; 43; 48; 54; 55 may not be limited. during the state of natural disaster the rights and freedoms provided for in articles: 37; 38; 41, paragraph 4; 49; 51 may be limited. the acts for declaring the state of war, emergency or natural disaster must specify the rights and freedoms which are limited according to paragraphs 1 and 2 of this article. article 176 when the assembly cannot be convened during the state of war, the president of the republic, with the proposal of the council of ministers, has the right to issue acts that have the force of the law, which have to be approved by the assembly in its first meeting. part seventeen. revision of the constitution article 177 initiative for revision of the constitution may be undertaken by not less than one-fifth of the members of the assembly. no revision of the constitution may be undertaken during the time when the extraordinary measures are taken. the draft law is approved by not less than two-thirds of all members of the assembly. the assembly may decide, with two-thirds of all its members that the draft constitutional amendments be voted in a referendum. the draft law for the revision of the constitution enters into force after ratification by referendum, which takes place not later than 60 days after its approval in the assembly. the approved constitutional amendment is put to a referendum when this is required by one-fifth of the members of the assembly. the president of the republic does not have the right to return for review the law approved by the assembly for revision of the constitution. the law approved by referendum is declared by the president of the republic and enters into force on the date provided for in this law. revision of the constitution for the same issue cannot be done before a year from the day of the rejection of the draft law by the assembly and 3 years from the day of its rejection by the referendum. part eighteen. transitory and last provisions article 178 laws and other normative acts approved before the date this constitution enters into force will be applied as long as they have not been abrogated. the council of ministers presents to the assembly draft laws necessary for implementing this constitution. article 179 members of the constitutional court shall continue their activity as members of the constitutional court, in accordance with the previous mandate. the first opening for new members for the constitutional court shall be appointed by the president of the republic, the second selected by the assembly and the third selected by the high court. this shall be the order for all future appointments after entry into force of this law. aiming at the regular renewal of the constitutional court, the new judge who shall succeed the judge whose mandate will end in 2017 shall remain in office until 2025 and the new judge who will succeed the judge whose mandate will end in 2020 shall remain in office until 2028. the other constitutional court judges shall be appointed the entire duration of the mandate in accordance with the law. members of the high court shall continue their activities accordance with the previous mandate. the new members due to replace the members, whose mandate expires, shall be appointed under the provisions of this law. the high judicial council shall be established at least within 8 months from the entry into force of this law. three judge members and two lay members of the high judicial council shall be appointed initially for a 3-years term, with the purpose of partial renewal of this body. the members of the high council of justice shall end their mandate after the establishment of the high judicial council, but not later than after all members of the high judicial council are selected as determined by law. for the first appointment of the lay members of the high judicial council after entry into force of this law, the verification of the candidates as provided in article 147 of the constitution shall be conducted by the general secretary of the assembly and international monitoring operation. the high prosecutorial council shall be established within at least 8 months from the entry into force of this law. three prosecutor members and two lay members of the high prosecutorial council shall be appointed initially for a 3-years term, with the purpose of partial renewal of this body. for the first appointment of the lay members of the high prosecutorial council after entry into force of this law, the verification of the candidates as provided in article 147 of the constitution shall be conducted by the general secretary of the assembly and the international monitoring operation. during their 9 years mandate the judges of the appeal chamber established in article 179-b shall have disciplinary jurisdiction over all constitutional court judges, the members of high judicial council, the high prosecutorial council, the prosecutor general, and the high justice inspector. the appeal chamber shall also have jurisdiction on the appeals against decisions of the high judicial council, high prosecutorial council as well as high justice inspector, imposing disciplinary sanctions respectively against judges, prosecutors and other inspectors. the serious crimes court and serious crimes appeals court shall assume the name, function and competence of the first instance court and appeals court within 2 months of the establishment of the high judicial council, in accordance with the law. the transfer of cases shall be done in accordance with the law. the existing judges of these courts shall be transferred to other courts, if they or their close family members refuse to agree to the periodic reviews of their financial accounts and personal telecommunication. the special prosecution office shall be established and prosecutors appointed within 2 months of the establishment of the high prosecutorial council, in accordance with the law. upon the establishment of this office, the serious crimes prosecution office shall cease to exist. the transfer of investigations and cases shall be done in accordance with the law. the high justice inspector shall be appointed within 6 months after entry into force of this law. the transition period and manner of functioning of the existing inspectorates shall be regulated by law. judges and prosecutors who have not finished the school of magistrate shall continue on duty and are subject to the transitional qualification assessment according to article 179-b and the annex. within 5 days of the entry into force of this law, the president of the republic shall elects in accordance with article 149-d paragraph 3 of the constitution. if the president does not select within 5 days of entry into force of this law, the speaker of the parliament shall select by lot within 10 days of the entry into force. those selected shall serve as the justice appointments council until december 31 of the year that this law enters into force. the ombudsperson shall serve as an observer of the selection by lot of the justice appointment council, as well as its meetings and operations. the members of the justice appointment council shall be subject to the transitional qualification assessment of judges and prosecutors under article 179-b as soon as possible. the president of the republic shall remain as chairperson of the high council of justice until the high judicial council is established up to 8 months from the entry into force of this law. the president shall then have the right to appoint judges of the high court upon the proposal of the high judicial council in accordance with article 136 of this law. the president of the republic shall have the right to appoint a judge to fill one current vacancy of the constitutional court under paragraph 2 of this article, followed by the assembly which fills the other current vacancy in accordance with article 125 of this law. until a national election is held after the entry into force of this law, but not later than september 1, 2017, the election of high justice inspector, and prosecutor general, shall be passed by 2/3 of the members of the assembly, after which the elections shall be done by 3/5 of the members of assembly. article 179-a the mandate of officials elected or appointed in the constitutional organs and the organs established by law, which was obtained prior to the entry into force of this law, shall terminate or become invalid, if it is ascertained that the elected or appointed person falls in the ranks of the subjects which are exempted from the right to be elected, under articles 6-1 and 45, point 3, of the constitution. within 30 days from entry into force of this law, the assembly shall approve the law providing for the conditions and rules for guaranteeing the integrity of the organs elected, appointed or exercising public functions, in accordance with the procedure of article 81, point 2 of the constitution. article 179-b in order to re-establish the proper function of rule of law and true independence of the judicial system, as well as the public trust and confidence in these institutions a re-evaluation system is established. the re-evaluation shall be carried out on the basis of the principles of the fair trial and conducted by respecting the fundamental rights of the assesse. all judges, including judges of the constitutional court and high court, all prosecutors, including the prosecutor general, the chief inspector and the other inspectors of the high council of justice shall ex officio be re-evaluated. all legal advisors of the constitutional court and high court, legal assistants of the administrative courts, legal assistants of the general prosecution office shall ex officio be re-evaluated. former judges or prosecutors, and former legal advisors of the constitutional court and high court with at least three years of work experience in this function may undergo upon their request the re-evaluation process, if they fulfil the criteria regulated by law. the re-evaluation shall be conducted by an independent qualification commission (commission). its decision can be appealed by the assesse or the public commissioner. appeals shall be considered by the specialized qualification chamber (appeal chamber) which shall function within the constitutional court. during the transition period of 9 years the constitutional court shall consist of two chambers. the commission and the appeal chamber shall both operate and decide independently and impartially. the decision of dismissal in the re-evaluation process constitutes a ground for the immediate termination of the exercise of functions, in addition to the grounds provided in the constitution. judges and prosecutors including seconded or former judges or prosecutors, who successfully pass the re-evaluation, shall remain or will be appointed judges and prosecutors. all other assessees who pass successfully the re-evaluation shall be appointed as judges or prosecutors under the conditions regulated by law. the mandate of the commission and the public commissioner expires after five years of operation. the appeal chamber shall cease to exist after nine years of operation. after the dissolution of the commission pending cases shall be conducted by the high judicial council in accordance with the law. pending cases of the prosecutors shall be conducted by the high prosecutorial council in accordance with the law. after the dissolution of the public commissioner their competences shall be exercised by the chief special prosecutor of the special prosecution office. the judges at the appeal chamber shall serve until the end of their 9 year mandate. any appeals shall be adjudicated by the constitutional court. the assembly shall vote to repeal the annex after the last re-evaluation decision became final following a report of the chairperson of the appeal chamber sent to the assembly or at the end of the mandate of the appeal chamber. additional provisions are laid down in the annex â��transitional qualification assessmentâ��. details shall be regulated by law. article 180 international agreements ratified by the republic of albania before this constitution enters into force are considered ratified according to this constitution. the council of ministers presents to the constitutional court the international agreements which contain provisions that come in conflict with the constitution. article 181 the assembly, within two to three years from the date this constitution enters into force, issues laws for the fair resolution of different issues related to expropriations and confiscations done before the approval of this constitution, guided by the criteria of article 41. laws and other normative acts, adopted before the date this constitution enters into force, that relate to the expropriations and confiscations shall be applied when they do not come in conflict with it article 182 law no. 7491, dated 29.4. 1991, "on the main constitutional provisions" as well as the other constitutional laws are abrogated the day this constitution enters into force. article 183 this constitution enters into force with its promulgation by the president of the republic. approved by referendum on 22.11.1998 promulgated by decree no 2260, dated 28/11/1998, of the president of the republic of albania, rexhep meidani. annex. transitional qualification assessment article a. limitation of the constitutional rights to the extent necessary to carry out the re-evaluation the application range of some articles of this constitution, in particular provisions regarding privacy, to include articles 36 and 37, provisions related to the burden of proof, and other provisions including articles 128, 131, paragraph f, 135, 138, 140, 145 paragraph 1, 147-a paragraph 1, letter b), 149-a paragraph 1, letter b), are partly limited in accordance with article 17 of the constitution. persons who have passed the re-evaluation as provided in this annex, are subject to the permanent accountability system regulated by the ordinary rules contained in the constitution and the relevant laws. article b. international monitoring operation an international monitoring operation shall support the re-evaluation process by monitoring and overseeing the entire process of the re-evaluation. it shall include, partners, within the framework of the european integration process and euro-atlantic cooperation and shall be led by the european commission. the international monitoring operation shall perform its tasks in the framework of international arrangements in force. the international monitoring operation will appoint international observers following a notification to the council of ministers. international observers shall be members with at least 15 years of experience as judges or prosecutors in the judiciary in their own countries. the mandate of an international observer shall only be revoked for gross misconduct, by the international monitoring operation. international observers shall have the following duties and authority: they may issue recommendations to the assembly concerning the qualification and selection of the candidates for the position of members of the commission (commissioner), the appeal chamber (judge) and public commissioners, in accordance with the rules provided by law; they are entitled to file findings and opinions with the commission and the appeal chamber and in particular may contribute to the background assessment regulated in article dh. in those findings, the international observers may request that the commission or the appeal chamber take evidence or may present evidence obtained from state bodies, foreign entities or private persons, in accordance with the law. they are entitled to submit a written recommendation to the public commissioners to file an appeal. if the latter decides not to follow this recommendation, the public commissioner is required to issue a written justification. they have immediate access to all information, people and documents necessary to monitor the re-evaluation at all levels and in all stages. article c. general provisions for the commission and appeal chamber the commission shall consist of four permanent first instance panels having three members each. two public commissioners shall represent the public interest and may appeal the decision of the commission. the commission and appeal chamber shall both operate with accountability, integrity and transparency and with the objective of promoting an independent and competent system of justice free from corruption. during their mandate, the members of the commission and public commissioner shall have the status of a judge at the high court. the judges appointed to the appeal chamber shall not be subject to age limit and have the status of judges of the constitutional court, unless provided differently by law. all members of the commission and judges of the appeal chamber, the public commissioners and the staff of these institutions as set by law, must consent to the yearly disclosure of their assets, constant monitoring of their financial accounts and waiver of the privacy of their communication related to their work. all asset declarations shall become public. all members of the commission and the judges of the appeal chamber shall have a university degree in law, and no less than fifteen yearsâ�� experience as a judge, prosecutor, law professor, advocate, notary, senior employees in public administration, or other legal profession related to the justice sector. candidates for member of the commission and judges at the appeal chamber may not have been judges, prosecutors or legal advisors or legal assistants in the two years prior to their nomination. they shall not have held a political post in the public administration or a leadership position in a political party for the past 10 years before becoming a nominee. the president of the republic of albania shall conduct an open and transparent application process for the positions of the members in the commission, judges of the appeal chamber and public commissioners. all candidates shall send applications and all declarations in accordance with the law to the president. within 7 days from the deadline for the submission of applications, the president shall compile a candidate list of applicants who meet the formal criteria for each position and a separate list of applicants who do not meet the formal criteria. this process is monitored by the international monitoring operation. if the president cannot complete the process within 45 days of the entry into force of this annex, the duty shall revert to the ombudsperson. a panel of at least three representatives of the international monitoring operation (imo) shall assess the candidates, in accordance with the law. not later than 14 days from the day of submission of the 2 lists by the president, the panel shall on the basis of its assessment submit its recommendations to the president, who then forwards them to the parliament. if the president cannot exercise his competences within 5 days, the competence shall revert to the ombudsperson. within three days of receiving the list of applicants who meet the formal criteria, the list of applicants who do not meet the formal criteria and the list of imo recommendations, the assembly shall create an ad hoc committee with six members consisting of equal representatives from the majority and opposition. the committee may with at least four votes move a candidate from the list of those who do not meet formal criteria to the list of those who do. the committee may with at least five votes move an applicant from the imoâ��s recommendations list to the candidate list for voting. within ten days of its formation, the ad hoc committee shall forward the candidate list for voting for each position to the ad hoc committees for selection. the other two lists shall not be forwarded for voting. the assembly shall form within ten days two ad hoc committees for selection consisting of equal representatives from the majority and opposition, one committee with 12 members and one committee with 6 members. within 30 days of forming the ad hoc committee, each member of the 12 member committee shall select, from the candidate list for voting, a candidate for commissioner, without debate and in a secret and electronic vote that ensures that one member may elect one candidate. the committee shall then select two candidates from the candidate list for voting for public commissioner, using a simple vote where the two candidates with the most votes are selected. in case of a tie, a lot shall be used. two alternate members for each position shall be selected in the same manner used for public commissioner. within 30 days of forming the ad hoc committee, each member of the 6 member committee shall select from the candidate list for voting a candidate for judges of the appeals chamber, without debate and in a secret and electronic vote that ensures that one member may elect one candidate. the committee shall then select the seventh judge from the remaining candidates on the candidate list for voting, using a simple vote where the candidate with the most votes is selected. in case of a tie, a lot shall be used. two alternate judges for each position shall be selected in the same manner used for the seventh judge. the selections from the two ad hoc committees are consolidated into one list and sent to the chairman of the assembly. within ten days, the assembly shall approve the entire list of candidates as a block by a majority of three-fifths. if the assembly fails to approve the block of candidates, the chairman of the assembly shall send it to the ad hoc committees to repeat their selection process and submit a second list within 10 days. within ten days, the assembly may reject the entire list of candidates as a block by a majority of two-thirds. if the list is not rejected, those selected shall be automatically appointed. the details of this procedure are regulated by law. members in the commission, judges of the appeal chamber and public commissioners shall work full time and may not hold any other position or employment during their mandate. the commission and appeal chamber and the public commissioners shall have a budget, staff and facilities sufficient to support their duties and the duties of the international observers, in accordance with the law. the official languages of the commission, appeal chamber and public commissioners shall be albanian and english, and they shall have translators and interpreters accordingly. members of the commission, judges of the appeal chamber and public commissioners are subject to disciplinary liability. the disciplinary cases shall be reviewed by the appeal chamber, in accordance with the law. the members, judges, public commissioner, international observers, staff, and their families shall be protected at highest level in accordance with the law. article ã�. re-evaluation the re-evaluation will include an asset assessment under article d, a background assessment under article dh and a proficiency assessment under article e of this annex and the law. the commission and appeal chamber may publish information and take into account comments obtained from the public. they shall respect the balance between privacy and investigation needs, and shall guarantee the right to a fair trial. official bodies of the republic of albania shall cooperate with and disclose requested information to the commission and appeal chamber shall grant direct access to their databases and may provide opinions and proposals in accordance with the law. the commission, or the appeal chamber through their staff, the public commissioners, its members and assisted by the international observers, shall review the assesseeâ��s completed background declarations, may interview people named in the declaration or others, and shall seek cooperation with other state or foreign institutions to confirm the veracity and accuracy of the disclosure. the commission, the appeal chamber and the international observers shall have direct access to all relevant government databases and files, if not classified as state secret, including the assesseesâ�� personal files, statistical data, files selected for evaluation, self-evaluations, opinions of supervisors, training records and complaints, verification of complaints, disciplinary decisions against the assessee, property and land registers, bank accounts, tax offices, car registration data bases, border control documentation as well as any other relevant documents. the commission or the appeal chamber may order private individuals and companies to provide testimony or evidence in accordance with the law. the shift of the burden of proof to the assessee applies only for this assessment and not for other, in particular, criminal proceedings. article d. asset assessment assesses shall be subject to declaration and audit of their assets with the purpose of identifying assesses, who possess or have the use of assets greater than can be legitimately explained, or those assessees who have failed to accurately and fully disclose their assets and those of their related persons. assessees shall submit a new and fully detailed asset declaration in accordance with the law. the high inspectorate for the declaration and audit of assets and conflict of interests shall audit the asset declaration and submit to the commission a report about the legitimacy of the assets and the accuracy and fullness of the disclosure, in accordance with the law. the assessee has to credibly explain the lawful origin of assets, property and income. income shall only be considered legitimate if it has been declared and taxes have been paid. legitimate income shall be defined in detail by law. if the assessee has assets greater than twice the amount justified by legitimate income, a presumption for the disciplinary measure of dismissal shall be established which the assessee shall have the burden to dispel. if the assessee has not submitted the asset declaration in time in accordance with the law, he or she shall be dismissed. if the assesse takes steps to inaccurately disclose or hide assets in his or her possession or use, a presumption for the disciplinary measure of dismissal shall be established which the assessee shall have the burden to dispel. article dh. background assessment assesses shall be required to submit a background declaration and be subject to a background assessment with the purpose of identifying assessees with inappropriate contacts with persons involved in organized crime. the background assessment on persons involved in organized crime will be based on the background declaration and other evidence as appropriate, including albanian or foreign court decisions. assessees shall submit a duly filled-in detailed background declaration to the commission for the period january 1, 2012 to the day of the declaration, as regulated by law. the completed background declaration can only be used as evidence in this procedure and by no means may be used in a criminal case. if the assessee has inappropriate contacts with persons involved in organized crime, a presumption for the disciplinary measure of dismissal shall be established, which the assessee shall have the burden to dispel. if the assessee does not submit the duly completed background declaration in time in accordance with the law, he or she shall be dismissed. if the assessee takes steps to inaccurately disclose or hide contacts with persons involved in the organized crime, a presumption in for the disciplinary measure of dismissal shall be established, which the assessee shall have the burden to dispel. article e. proficiency assessment assesses shall be subject to a proficiency assessment, with the purpose of identifying those who are not qualified to perform their role and those who have deficiencies which can be remedied with education. the proficiency assessment shall be conducted with the assistance of the officials in charge of the ethical and professional evaluation of judges or prosecutors at the time of the assessment. the proficiency assessment for judges, legal advisors or legal assistants shall assess judicial capacity, organizational skills, ethics and commitment to judicial values, personal quality and professional commitment, based on standards provided by law. the proficiency assessment for prosecutors shall assess prosecutorial capacity, organizational skills, ethics and commitment to prosecutorial values, personal quality and professional commitment based on standards provided by law. the proficiency assessment for legal advisors or legal assistance includes a test at the school of magistrate. the proficiency assessment shall not consider pending cases. if the assessee has demonstrated poor knowledge, skill, judgment, or aptitude, or there is a consistent or substantial pattern of work possibly non-compliable with the position, the deficiency shall be identified and a presumption for the disciplinary measure of suspension with education to remedy that deficiency shall be established which the assessee shall have the burden to dispel. if the assessee has demonstrated inadequate knowledge, skill, judgment, or aptitude, or there is a consistent and substantial pattern of work of a quality which is inadequate with the position, and the deficiency is unlikely to be remedied with one year of education program, a presumption for the disciplinary measure of dismissal shall be established which the assessee shall have the burden to dispel. if the assessee acts to substantially prevent or confound his or her assessment, or has demonstrated such insufficient knowledge, skill, judgment, aptitude, or a consistent or substantial pattern of work which can threaten or diminish the rights of citizens, the assesse shall be considered inadequate and a presumption for the disciplinary measure of dismissal shall be established which the assessee shall have the burden to dispel. article ã�. disciplinary measures if either the commission or the appeal chamber determines that an assessee requires disciplinary measures, it shall issue a reasoned decision which orders either the disciplinary measure of one year suspension with education or the disciplinary measure of dismissal. a decision ordering suspension with education identifies an assesseeâ��s deficiency, suspends the official with 75 % of the relevant salary, assigns the assessee to the school of magistrates until the education program starts and orders one year of education which is designed to remedy the deficiency. at the end of the education program, the suspended official shall be tested. the test is done under international supervision. assessees failing the test are dismissed by the commission. the dismissal of a judge or prosecutor does not constitute a ground for the re-opening of cases decided or prosecuted by the assessee, except in the cases based on which a review can be requested according to the procedural codes. article f. appeal chamber the appeal chamber shall consist of seven judges. only judges appointed to the appeal chamber may decide appeals against the re-evaluation in accordance with the annex and the law. they decide in panels of composed of five members each. the assessee shall have the right to appeal to the appeal chamber in accordance with the law. the public commissioners shall each also have the right to appeal, expect for decisions under article ã�, paragraph 2, of the annex. the appeal chamber enjoys the power to take specific fact finding steps and shall remedy any procedural errors of the commission taking into account the assesses fundamental rights. the appeal chamber shall decide the case and may not transfer the case back to the commission. this constitutional jurisdiction does not allow to call into question the constitutionality of the principles on which the re-evaluation process as such is based and the criteria used in this law. the international observer takes part with the same rights like those in first instance. in the case of appeal the salary is 75 % of the relevant salary. in the case of a successful appeal at the appeal chamber the remaining salary shall be paid. a final decision ordering dismissal has ex lege immediate effect. an assessee filing an appeal of a disciplinary measure is suspended pending the decision of the appeal chamber. the appeal chamber shall uphold, modify or overrule the decision of the commission in cases of appeal by the public commissioner, it may not impose a more strict disciplinary measure without providing the assessee with sufficient notice to prepare and respond in a hearing. assessees shall have access to the european court of human rights. article g. resignation if the assessee resigns during the re-evaluation procedure, he or she not assessed any further. assessees who resign under this provision may no longer serve as a judge or prosecutor at any level, member of the high judicial council or high judicial inspector or high prosecutorial council, or prosecutor general for the duration of fifteen years. preamble the sovereign people of senegal, profoundly attached to their fundamental cultural values which constitutes the cement of the national unity; convinced of the will of all the citizens, men and women, to assume common destiny by solidarity, work and patriotic commitment; considering that national construction is founded on individual liberty and respect for the human person, sources of creativity; conscious of the necessity to affirm and to consolidate the foundations of the nation and of the state; attached to the ideal of african unity; affirm: their adhesion to the declaration of the rights of man and of the citizen of 1789 and to the international instruments adopted by the organization of the united nations and the organization of african unity, notably the universal declaration of the rights of man of 10 december 1948, the convention on the elimination of all forms of discrimination with regard to women of 18 december 1979, the convention relative to the rights of the child of 20 november 1989 and the african charter of the rights of man and of peoples of 27 june 1981; their attachment to transparency in the conduct and management of public affairs as well as to the principle of good governance; their determination to strive [lutter] for peace and fraternity with all the peoples of the world; proclaim: the intangible principle of the integrity of the national territory and of the national unity within respect for the cultural specificities of all the components of the nation; the inalterability of the national sovereignty which is expressed through transparent and democratic procedures and consultations; the separation and the balance of powers conceded and exercised through democratic procedures; the respect for the fundamental freedoms and of the rights of the citizen as the basis of the senegalese society; the respect for and the consolidation of a state of law in which the state and the citizens are subject to the same juridical norms under the control of an independent and impartial justice; the access of all the citizens, without discrimination, to the exercise of power at all its levels, to the equal access of all the citizens to the public services; the rejection and the elimination, under all their forms[,] of injustice, of inequalities and of discriminations; the will of senegal to be a modern state which functions according to the loyal and equitable interaction [jeu] between a majority which governs and a democratic opposition, and a state which recognizes this opposition as a fundamental pillar of democracy and an indispensible cog [rouage] to the good functioning of the democratic mechanism; approve and adopt this constitution of which the preamble is an integral part. title i. of the state and of sovereignty article 1 the republic of senegal is secular, democratic, and social. it assures the equality before the law of all the citizens, without distinction of origin, of race, of sex [and] of religion. it respects all beliefs [croyances]. the official language of the republic of senegal is french. the national languages are the diola, the malinké, the pular, the sérère, the soninké and the wolof and any other national languages which shall be codified. the motto of the republic of senegal is: "un peuple un but une foi" [one people, one goal, one faith]. the flag of the republic is composed of three bands[,] vertical and equal, of green, gold and red color. it has [porte], in green, in the center of the gold band, a star of five points. the law determines the seal and the anthem of the republic. the principle of the republic is: government of the people[,] by the people[,] and for the people. article 2 the capital of the republic of senegal is dakar. it may be transferred to any other place on the national territory. article 3 national sovereignty belongs to the senegalese people, who exercise it by their representatives or by the way [voie] of referendum. no section of the people, nor any individual, may arrogate the exercise of sovereignty. suffrage may be direct or indirect. it is always universal, equal, and secret. all senegalese nationals of both sexes, who are 18 years old, enjoying their civil and political rights, are electors within the conditions determined by the law. article 4 the political parties and coalitions of political parties participate [concourrent] in the expression of suffrage within the conditions established by the constitution and by the law. they work for the forming [formation] of the citizens, for the promotion of their participation in national life and the management of public affairs. the constitution guarantees to the independent candidates participation all the types of election within the conditions defined by the law. the political parties and coalitions of political parties, likewise the independent candidates, are held to respect the constitution as well as the principles of national sovereignty and of democracy. they are forbidden to identify themselves to one race, to one ethnicity, to one sex, to one religion, to one sect, to one language or to one part of the territory. the political parties are equally held to strictly respect the rules of good associative governance under penalty of sanctions susceptible to lead to suspension and to dissolution. the constitution guarantees equal rights to the political parties including those that oppose the policy of the government in place. the rules of constitution, of suspension and of dissolution of the political parties, the conditions under which these exercise their activities and benefit from public financing are determined by the law. article 5 any act of racial, ethnic, or religious discrimination, as well as any regionalist propaganda infringing the internal security of the state or the territorial integrity of the republic[,] is punished by the law. article 6 the institutions of the republic are: the president of the republic, the national assembly; the government, the high council of the territorial collectivities; the economic, social and environmental council, the constitutional council, the supreme court, the court of accounts and the courts and tribunals. title ii. of the public freedoms and the [freedoms] of the human person of the economic and social rights and of the collective rights article 7 the human person is sacred. it is inviolable. the state has the obligation to respect it and to protect it. every individual has the right to life, to liberty, to security, to the free development of his personality, to corporeal integrity, notably to protection against all physical mutilations. the senegalese people recognize the existence of the inviolable and inalienable rights of man as the basis of all human community, of peace and of justice in the world. all human beings are equal before the law. men and women are equal in right [droit]. the law promotes [favorise] the equal access of women and men to the mandates and functions. there is in senegal no constraint [sujet], or privilege arising from birth, from person or from family. article 8 the republic of senegal guarantees to all citizens the fundamental individual freedoms, the economic and social rights as well as the collective rights. these freedoms and rights are notably: the civil and political freedoms: freedom of opinion, freedom of expression, freedom of the press, freedom of association, freedom of assembly, freedom of movement [déplacemnent], [and] freedom of manifestation, the cultural freedoms, the religious freedoms, the philosophical freedoms, the syndical freedoms, the freedom of enterprise, the right to education, the right to know how to read and to write, the right to property, the right to work, the right to health, right to a healthy [sain] environment, [and] the right to plural information. these freedoms and these rights are exercised within the conditions provided for by the law. article 9 all infringement of the freedoms and all voluntary interference with the exercise of a freedom are punished by the law. no one may be condemned if it is not by virtue of a law [which] entered into force before the committed act. however, the provisions of the preceding paragraph may not be opposed to the prosecution, to the judgment and to the condemnation of any individual for reason of acts or omissions which, at the moment when they were committed, were held [to be] criminal in terms of [après] rules of international law relating to acts of genocide, of crimes against humanity and of crimes of war. the defense is an absolute right in all the stages [états] and in all degrees of the procedure. article 10 each one has the right of expression and to disseminate their opinion freely by word, pen, image, [and] peaceful march, provided that the exercise of these rights does not infringe the honor and the consideration of others, or the public order. article 11 the creation of an organ of the press for political, economic, cultural, sport, social, recreative or scientific information is free and is not subject to prior authorization. the regime of the press is established by the law. article 12 all the citizens have the right to freely constitute associations, [and] economic, cultural and social groups as well as societies, under reserve of conforming to the formalities specified [édictées] by the laws and regulations. the groups of which the goal or the activity is contrary to the criminal laws[,] or directed against the public order[,] are prohibited. article 13 the secrecy of correspondence [and] of postal, telegraphic, telephonic and electronic communications[,] is inviolable. restriction of this inviolability, may only be ordered in application of the law. article 14 all the citizens of the republic have the right to move themselves and to establish themselves freely on the whole extent of the national territory as well as abroad. these freedoms are exercised within the conditions provided for by the law. article 15 the right of property [propriété] is guaranteed by this constitution. it can only be infringed in the case of public necessity legally established [constatée], under reserve of a just and prior indemnity. the man and the woman have the right to accede to the possession and to the ownership [propriété] of land within the conditions determined by the law. article 16 the domicile is inviolable. [a] search may only be ordered by the judge or by the other authorities designated by the law. searches may only be executed in the forms prescribed by them. the measures infringing the inviolability of the domicile or restricting it may only be taken to evade [parer] a collective danger or to protect persons in peril of death. these measures may be taken equally, in application of the law, to protect the public order against imminent threats [menaces], singularly to combat the risks of epidemic or to protect youth in danger. marriage and the family article 17 marriage and the family constitute the natural and moral base of the human community. they are placed under the protection of the state. the state and the public collectivities have the duty to see to the physical and moral health of the family and, in particular of the handicapped persons and of elderly [âgées] persons. the state guarantees to families in general, and to those living in [the] rural milieu in particular[,] the access to the services of health and of well being. it guarantees equally to women in general and to those living in [the] rural milieu in particular, the right to alleviation of their conditions of life. article 18 forced marriage is a violation of individual liberty. it is forbidden and punished within the conditions established by the law. article 19 the woman has the right of having her own patrimony[,] as [does] her husband. she has the right to the personal management of her assets. article 20 parents have the natural right and the duty to raise their children. they are sustained in this effort, by the state and the public collectivities. youth is protected by the state and the public collectivities against exploitation, drugs, narcotics, moral abandonment and delinquency. education article 21 the state and the public collectivities create the preliminary conditions and the public institutions which guarantee the education of children. article 22 the state has the duty and the responsibility [charge] of the education and of the instruction of youth by the public schools. all children, boys and girls, in all places of the national territory, have the right of acceding to school. the institutions and the religious or non-religious communities are equally recognized as means of education. all the national institutions, public or private, have the duty to make their members literate and to participate in the national effort of literacy in one of the national languages. article 23 private schools may be opened with the authorization and under the control of the state. religious and religious communities article 24 the freedom of conscience, the freedoms and the religious and cultural practices, [and] the profession of religious educator[,] are guaranteed to all under reserve of the public order. the institutions and the religious communities have the right to develop themselves without hindrance [entrave]. they are disengaged from the protection [tutelle] of the state. they regulate and administer their affairs in an autonomous manner. work article 25 everyone has the right to work and the right to seek [prétendre] employment. no one may be impeded in their work for reason of their origins, of their sex, of their opinions, of their political choices or of their beliefs. the worker may affiliate with a union and defend their rights through union action. any discrimination between men and women in employment, salary and taxation [impôt] is forbidden. the freedom to create labor or professional associations is recognized to all workers. the right to strike is recognized. it is exercised within the framework of the laws which govern it. it may not in any case infringe the freedom to work, or place the enterprise in peril. every worker participates, by the intermediary of his delegates, in the determination of the conditions of work in the enterprise. the state sees to sanitary and humane conditions in the places of work. specific laws establish the conditions of assistance and of protection which the state and the enterprise accord to the workers. article 25-1 the natural resources belong to the people. they are used for the amelioration of the conditions of life. the exploitation and the management of the natural resources is made with transparency and in a fashion to generate economic growth, to promote the wellbeing of the population in general and to be ecologically sustainable. the state and the territorial collectivities have the obligation to see to the preservation of the land patrimony. article 25-2 each has the right to a healthy environment. the defense, the preservation and the amelioration of the environment [is] incumbent on the public powers. the public powers have the obligation to preserve, to restore the essential ecological processes, to promote the responsible management of species and of ecosystems, to preserve the diversity and the integrity of the genetic patrimony, to require environmental evaluation of the plans, projects or programs, to promote environmental education and to assure the protection of the populations in the drafting [elaboration] and the implementation of projects and programs of which the social and environmental impacts are significant. article 25-3 every citizen is held to scrupulously protect the constitution, the laws and regulations, notably, to accomplish their civic duties and to respect the rights of others. they must see that they acquit themselves of their fiscal obligations and participate in the work of economic and social development of the nation. every citizen has the duty to defend the country against any aggression and to contribute to the struggle against corruption and misappropriation [concussion]. every citizen has the duty to respect the public good and to have [it] respected, but also to abstain from all acts of [a] nature that compromises the public order, security, salubrity and tranquility. every citizen has the duty to preserve the natural resources and the environment of the country and to work for sustainable development for the benefit of the present and future generations. every citizen has the duty to subscribe to civil status those acts that concern them and those that are relative to their family under the conditions determined by the law. title iii. of the president of the republic article 26 the president of the republic is elected by direct universal suffrage and by the absolute majority of the suffrage expressed. article 27 the duration of the mandate of the president of the republic is of five years. no one may exercise more than two consecutive mandates. article 28 any candidate to the presidency of the republic must be exclusively of senegalese nationality, enjoying his civil and political rights, [and] be thiry-five (35) years of age at least and seventy-five (75) years at most [on] the day of the ballot. he must know how to write, to read and to fluently speak the official language. article 29 the candidatures are deposited with the greffe [office] of the constitutional council, thirty full days at least and sixty full days at most, before the first round of the ballot. however, in case of death of a candidate, the deposit of new candidatures is possible at any time[,] and until the eve [veille] of the ballot. in this case, the elections are postponed [reportées] to a new date by the constitutional council. any candidature, to be receivable, must be presented by a political party or a coalition of political parties legally constituted or be accompanied by the signatures of electors representing at least ten thousand registered residents [inscrits domiciles] in six regions on the basis of five hundred at least per region. the independent candidates, as [are] the political parties, are held to conform to article 4 of the constitution. each party or coalition of political parties may only present one sole candidate. article 30 twenty-nine full days before the first round of the ballot, the constitution council orders and publishes the list of the candidates. the electors are convoked by decree. article 31 the ballot for the election of the president of the republic takes place forty-five full day at most and thirty full days at least before the date of expiration of the mandate of the president of the republic in [his] functions. if the presidency is vacant, by resignation, definitive incapacity [empêchement] or death, the ballot shall be held within the sixty days at least and ninety days at most, after the declaration of the vacancy by the constitutional council. article 32 the courts and tribunals see to the regularity of the electoral campaign and to the equality of candidates in the utilization of the means of propaganda, within the conditions determined by an organic law. article 33 the ballot takes place [on] a sunday. however, for the members of the military and paramilitary corps, the vote may take place on one or several days established by decree. no one is elected at the first round if they have not obtained the absolute majority of the suffrage expressed. if no candidate has obtained the majority required, it proceeds to a second round of the ballot [on] the third sunday which follows the decision of the constitutional council. the two candidates arriving ahead in the first round are admitted to present themselves in the second round. in the case of challenge [contestation], the second round takes place [on] the third sunday following the day of the pronouncement of the decision of the constitutional council. at the second round, the relative majority suffices to be elected. article 34 in case of definitive incapacity or of withdrawal of one of the candidates between the order [arrêt] of publication of the list of candidates and the first ballot, the election is carried out [poursuivie] with the other candidates [still] contesting [lice]. the constitutional council modifies the list of candidates consequentially. the date of the ballot is maintained. in case of death, of definitive incapacity, or of withdrawal of one of the two candidates between the ballot of the first round and the provisional proclamation of the results, or between this provisional proclamation and the definitive proclamation of the results of the first round by the constitutional council, the candidate following in order of votes [suffrages] is admitted to present himself in the second round. in case of death, of definitive incapacity, or of withdrawal of one of the two candidates between the proclamation of the definitive results of the first round and the ballot of the second round, the candidate following on the list of results of the first round is admitted to the second round. in the two preceding cases, the constitutional court declares the death, the definitive incapacity or the withdrawal and establishes a new date of the ballot. in the case of death, of definitive incapacity, or of withdrawal of one of the two candidates arriving ahead according to the provisional results of the second round, and before the proclamation of the definitive results of the second round by the constitutional council, the sole candidate remaining is declared elected. article 35 the courts and tribunals see to the regularity of the ballot within the conditions determined by an organic law. the regularity of the electoral operations may be contested by one of the candidates[,] before the constitutional council[,] within the seventy-two hours which follow the provisional proclamation of the results by a national commission of counting of the votes instituted by an organic law. if no challenge [contestation] has been deposited within this time period with the greffe of the constitutional council, the council immediately proclaims the definitive results of the ballot. in the case of challenge, the council decides on the claim within the five full days from the deposit of it. its decision results in the definitive proclamation of the ballot or annulment of the election. in the case of annulment, it proceeds to a new round of the ballot within the twenty-one full days which follow. article 36 the president-elect of the republic enters into [his] functions after the definitive proclamation of his election and the expiration of the mandate of his predecessor. the president of the republic in office [exercice] remains in [his] functions until the installation of his successor. in the case when the president of the republic elected dies, is found definitively incapacitated or renounces the benefit of his election before entering into [his] functions, it proceeds to new elections within the conditions provided for by article 31. article 37 the president of the republic is installed in his functions after having taken the oath before the constitutional council in public sitting. the oath is taken in the following terms: "before god and before the senegalese nation, i swear to faithfully fulfill the charge of the president of the republic of senegal, to scrupulously observe and have observed the provisions of the constitution and of the laws, to consecrate all my abilities [forces] to defend the constitutional institutions, the integrity of the territory and the national independence, [and] to spare no effort for the realization of african unity." the president of the republic newly elected makes a written declaration of his patrimony[,] deposited with the constitutional council, which renders it public. article 38 the office [charge] of the president of the republic is incompatible with the membership in any elective assembly, national assembly or local assemblies, and with the exercise of any remunerated function, public or private. however, he has the faculty of exercising functions in a political party or to be [a] member of academies in one of the domains of knowledge. article 39 in case of resignation, of definitive incapacity or of death, the president of the republic is replaced [suppléé] by the president of the national assembly. in the case that he should himself be in one of the cases above, the replacement is assured by one of the vice presidents of the national assembly in the order of precedence article 40 during the duration of the replacement, the provisions of articles 49, 51, 86, 87 and 103 are not applicable. article 41 the resignation, the incapacity or the death of the president of the republic is declared by the constitutional council[,] referred to [the matter] by the president of the republic in case of resignation, [or] by the authority called on to replace him in case of incapacity or of death. it is the same for the declaration of the resignation, of the incapacity or of the death of the president of the national assembly or for the person called on to replace him. article 42 the president of the republic is the guardian of the constitution. he is the premier protector of the arts and letters of senegal. he incarnates the national unity. he is the guarantor of the regular functioning of the institutions, of the national independence and of the integrity of the territory. he determines the policy of the nation. he presides over the council of ministers. article 43 the president of the republic signs the ordinances and the decrees. the acts of the president of the republic, with the exception of those which he accomplishes by virtue of articles 26 paragraphs 2 to 5, 45, 46, 47, 48, 49 paragraph 1, 52, 60-1, 74, 76 paragraph 2, 78, 79, 83, 87, 89 and 90 are countersigned by the prime minister. article 44 the president of the republic appoints to the civil offices [emplois]. article 45 the president of the republic is responsible for the national defense. he presides over the superior council of the national defense and the national council of security. he is the supreme head [chef] of the armies; he appoints to the military offices [emplois] and [has] the armed force at his disposal. article 46 the president of the republic accredits the ambassadors and the extraordinary envoys before foreign powers. the ambassadors and extraordinary envoys of the foreign powers are accredited to him. article 47 the president of the republic has the right of pardon. article 48 the president of the republic can address messages to the nation. article 49 the president of the republic appoints the prime minister and terminates his functions. on the proposal of the prime minister, the president of the republic appoints the ministers, establishes their attributions and terminates their functions. article 50 the president of the republic can delegate[,] by decree[,] certain powers to the prime minister or to the other members of the government with the exception of powers specified in articles 42, 46, 47, 49, 51, 52, 72, 73, 87, 89 and 90. he can also authorize the prime minister to take decisions by decree. article 51 the president of the republic can, after having received the opinion of the president of the national assembly and of the constitutional council, submit any bill of constitutional law to referendum. he can, on the proposal of the prime minister and having received the opinion of the authorities indicated above, submit any bill of law to referendum. the courts and tribunals see to the regularity of the operations of referendum. the constitutional council proclaims the results of it. article 52 when the institutions of the republic, the independence of the nation, the integrity of the national territory or the execution of international commitments are menaced in a grave and immediate manner, and [when] the regular functioning of the public powers or of the institutions is interrupted, the president of the republic [has] at his disposal exceptional powers. he can, after having informed the nation by a message, take any measure tending to reestablish the regular functioning of the public powers and of the institutions and to assure the safeguarding of the nation. he may not, by virtue of the exceptional powers, proceed to constitutional revision. the national assembly meets of plain right. it is referred to [the matters] for [their] ratification, within the fifteen days of their promulgation, of the measures of legislative nature brought into force by the president. it can amend them or reject them on the occasion of a vote of a law of ratification. these measures become lapsed if the bill of the law of ratification is not deposited with the bureau of the national assembly within the stated time period. the national assembly may not be dissolved during the exercise of the exceptional powers. when these are exercised after the dissolution of the national assembly, the date of the elections established by the decree of dissolution may not be delayed, except [in] case of force majeure declared by the constitutional council. title iv. of the government article 53 the government is composed of the prime minister, head of the government, and the ministers. the government conducts and coordinates the policy of the nation under the direction of the prime minister. he is responsible before the president of the republic and before the national assembly under the conditions specified by articles 85 and 86 of the constitution. article 54 the quality of member of the government is incompatible with a parliamentary mandate and any remunerated public or private professional activity. the modalities of application of this article are established by an organic law. article 55 after his appointment, the prime minister makes his declaration of general policy before the national assembly. this declaration is followed by a debate which may, on the demand of the prime minister, give rise to a vote of confidence. in case of vote of confidence, it is accorded by an absolute majority of the members of the national assembly. article 56 the government is a collegial institution [of] solidarity. the resignation or the cessation of the functions of the prime minister results in the resignation of all [ensemble] of the members of the government. article 57 the prime minister [has] the administration at his disposal and appoints to the civil offices [emplois], determined by the law. he assures the execution of the laws and [has] the regulatory power at his disposal under reserve of the provisions of article 43 of the constitution. the regulatory acts of the prime minister are countersigned by the members of the government given the charge of their execution. the prime minister presides over the inter-ministerial councils. he presides over the ministerial meetings or designates, to this effect, a minister. he can delegate certain of his powers to the ministers. title v. of the opposition article 58 the constitution guarantees to the political parties which are opposed to the policy of the government the right to oppose it. the constitution guarantees to the opposition a status that permits it to acquit its missions. the law defines this status and establishes the rights and duties accruing to them as well as to the head of the opposition. title vi. of the national assembly article 59 the representative assembly of the republic of senegal has [portent] the name of [the] national assembly. it exercises the legislative power. it votes, alone, the laws, controls the action of the government and evaluates the public policies. the members of the national assembly have the title of deputy. the deputies are elected by universal direct suffrage. their mandate is of five years. it may only be abridged by dissolution of the national assembly. the senegalese abroad elect deputies. the courts and tribunals see to the regularity of the electoral campaign and of the ballot within the conditions determined by an organic law. an organic law establishes the number of members of the national assembly, their indemnities, the conditions of eligibility, the regime of the ineligibilities and of the incompatibilities. article 60 any deputy who resigns from his party in the course of [a] legislature is automatically relieved of his mandate. he is replaced within the conditions determined by an organic law. article 61 no member of the national assembly may be prosecuted, investigated, arrested, detained or judged as the result of the opinions or votes emitted by him in the exercise of his functions. no member of the national assembly may, during the duration of the sessions, be prosecuted or arrested, in a criminal or correctional matter, without the authorization of the national assembly. a member of the national assembly may not, out of session, be arrested without the authorization of the national assembly, except in [the] case of crime or of flagrante delicto, as provided for by the preceding paragraph or of definitive criminal condemnation. the prosecution of a member of the national assembly or his de facto detention by such prosecution is suspended if the national assembly requires it. the member of the national assembly who is made the object of a definitive criminal condemnation is removed [radié] from the list of parliamentarians on the demand of the minister of justice. article 62 the organic law concerning [the] internal regulations of the national assembly determines: the composition, the rules of the functioning of the bureau, as well as the powers, prerogatives and duration of the mandate of its president; the number, the mode of designation, the composition, the role and the competence of its permanent commissions, without prejudice to the right, of the national assembly, of creating special temporary commissions; the organization of the administrative services placed under the authority of the president of the assembly, assisted by an administrative secretary general; the conditions of constitution of the parliamentary groups and of the affiliation of the deputies to said groups; the disciplinary regime of its members; the different modes of [the] ballot, to the exclusion of those expressly provided for by the constitution; in a general fashion, all the rules having for [their] object the functioning of the national assembly within the framework of its constitutional competence. article 63 with the exception of the date of the opening of the first session of the newly elected national assembly, which is established by the president of the republic, the national assembly establishes the date of opening and the duration of the sole [unique] session of the national assembly. these are, however, governed by the rules below. the national assembly meets of plain right in one sole ordinary session which commences within the first two-week period [quinzaine] of the month of october and which terminates in the second two-week period of the month of june of the year following. in [the] case where the ordinary session or the extraordinary session is closed without the national assembly having established the date of opening of the next ordinary session, this is established in a timely fashion by the bureau of the national assembly. the national assembly, also, meets in extraordinary session, on a specific agenda, either: on the written demand of more than half of the deputies, addressed to the president of the national assembly; on the decision of the president of the republic, alone or on proposal of the prime minister. however, the duration of each extraordinary session may not exceed fifteen days. the extraordinary sessions are closed once the agenda is exhausted. article 64 the vote of the members of the national assembly is personal. any imperative mandate is null. the organic law may authorize, exceptionally, the delegation of [the] vote. in this case, no one may receive delegation of more than one mandate. article 65 the national assembly may delegate to its commissions of delegation the power to take the measures that are of the domain of the law. this delegation is effected by a resolution of the national assembly[,] of which the president of the republic is immediately informed. within the limits of time and of competence established by the resolution provided for above, the commission of delegations takes the deliberations which are promulgated as laws. these deliberations are deposited with the bureau of the national assembly. in default of having been modified by the national assembly within the fifteen days of the sessions, they become definitive. article 66 the sittings of the national assembly are public. closed [sitting] is pronounced only exceptionally and for a limited duration. the complete record of the debates as well as the parliamentary documents are published in the journal des débats [journal of debates] or in the journal officiel [official gazette]. title vi bis. of the high council of the territorial collectivities article 66-1 the high council of the territorial collectivities is a consultative assembly. it gives its substantiated opinion on the policies of decentralization and of territorial development [amenagement du territoire]. an organic law determines the mode of designation, the number and the title of the members, as well as the conditions of organization and of functioning of the institution. title vii. of the relations between the executive power and the legislative power article 67 the law is voted by the national assembly. the law establishes the rules concerning: the civil rights and the fundamental guarantees granted to the citizens for the exercise of the public freedoms, the constraints [sujétions] imposed by the national defense on citizens on their persons and on their assets; the status of the opposition; nationality, the state and the capacity of persons, the matrimonial regimes, inheritance and gifts; the determination of the crimes and misdemeanors as well as the penalties which are applicable to them, the criminal procedure, amnesty, the creation of new orders of jurisdiction and the status of the magistrates; the basis [assiette], the tax and the modalities of collecting taxes of all natures, the regime of the issuance of the currency; the electoral regime of the national assembly and of the local assemblies; the fundamental guarantees granted to the civil and military functionaries of the state; the nationalization of enterprises and the transfers of property of enterprises of the public sector to the private sector. the law determines the fundamental principles: of the general organization of the national defense; of the free administration of the local collectivities, of their competences and of their resources; of teaching; of the regime of property, of real rights and of civil and commercial obligations, of the right to work, of the syndical right and of social security; the regime of remuneration of the agents of the state. the laws of finance determine the resources and the expenditures of the state within the conditions and under the reserves specified by an organic law. the creations and transformations of public employments [emplois] may only be undertaken by the laws of finance. the program laws determine the objectives of the economic and social action of the state. the plan is approved by the law. the provisions of this article may be made precise and completed by an organic law. article 68 the national assembly votes the bills of laws of finance within the conditions provided for by an organic law. the bill of the law of finance of the year, which includes notably the budget, is deposited with the bureau of the national assembly, at the latest [on] the day of the opening of the sole ordinary session. the national assembly [has] at its disposal sixty days at the most to vote the bills of the laws of finance. if, for reason of a case of force majeure, the president of the republic has not deposited the bill of the law of finance of the year in a timely fashion so that the national assembly may dispose concerning it, before the end of the session established, [in] the time period provided for in the previous paragraph, the session is immediately and of plain right prolonged until the adoption of the law of finance. if the bill of law of finance has not been voted definitively at the expiration of the time period of sixty days provided for above, it is brought into force by decree, taking into account the amendments voted by the national assembly and accepted by the president of the republic. if[,] taking into account the procedure provided for above, the law of finance of the year has not been brought into force before the debut of the fiscal year [année financière], the president of the republic is authorized to renew [reconduire] by decree, the services voted. the court of accounts assists the president of the republic, the government and the national assembly in the control of the execution of the laws of finance. article 69 the state of siege, as the state of urgency, is decreed by the president of the republic. the national assembly then meets of plain right, if it is not in session. the decree proclaiming a state of siege or the state of urgency ceases to be in force after twelve days, unless the national assembly, referred to [the matter] by the president of the republic, has authorized the continuation of it. the modalities of application of the state of siege and of the state of urgency are determined by the law. article 70 the declaration of war is authorized by the national assembly. the rights and duties of the citizens, during war or in case of invasion or of attack of the national territory by forces from the exterior, are made the object of an organic law. article 71 after its adoption by the national assembly with the absolute majority of the suffrage expressed, the law is transmitted without delay to the president of the republic for promulgation. article 72 the president of the republic promulgates the law definitely adopted within the eight full [franc] days which follow the expiration of the time periods of recourse specified in article 74. the time period of promulgation is reduced by half in case of urgency declared by the national assembly. article 73 within the time period established for promulgation, the president of the republic can, by a substantiated message, demand of the national assembly a new deliberation which may not be refused. the law may only be voted in second reading if three-fifths of the members composing the national assembly pronounce themselves in favor of it. article 74 the constitutional council may be referred to [a matter] by a recourse seeking to have a law declared unconstitutional: by the president of the republic[,] within the six full days which follow the transmission made to him of the law definitely adopted, by a number of deputies at least equal to one-tenth of the members of the national assembly, within the six full days which follow its definitive adoption. article 75 the time period of the promulgation is suspended until the outcome [issue] of the second deliberation of the national assembly or of the decision of the constitutional council declaring the law conforming to the constitution. in every case, at the expiration of the constitutional time periods, the promulgation is of right; it is provided by the president of the national assembly. article 76 matters which are not of the legislative domain by virtue of this constitution have a regulatory character. the texts of legislative form intervening in these matters may be modified by decree if the constitutional council, at the demand of the president of the republic or of the prime minister, has declared that they have a regulatory character by virtue of the preceding paragraph. article 77 the national assembly can enable[,] by a law, the president of the republic to take the measures which are normally of the domain of the law. within the limits of time and of competence established by the enabling law, the president of the republic takes the ordinances which enter in force on their publication[,] but become lapsed if the bill of law of ratification is not deposited with the bureau of the national assembly before the date established by the enabling law. the national assembly can amend them on the occasion of the vote of the law of ratification. article 78 the laws qualified [as] organic by the constitution are voted and modified with the absolute majority of the members composing the national assembly they may not be promulgated if the constitutional council, obligatorily referred [to the matter] by the president of the republic, does not declare them [as] conforming to the constitution. articles 65 and 77 are not applicable to organic laws. article 79 the president of the republic communicates with the national assembly by messages which he delivers [prononce] or which he has read and which do not give rise to any debate. article 80 the initiative of the laws belongs concurrently to the president of the republic, to the prime minister and to the deputies. article 81 the prime minister and the other members of the government may be heard at any moment by the national assembly and its commissions. they may be assisted by collaborators. the permanent commissions of the national assembly may hear the directors general of the public establishments, of the national societies and of the agencies of execution. these hearings and means of control are exercised within the conditions determined by the organic law concerning [the] internal regulations of the national assembly. article 82 the president of the republic, the prime minister and the deputies have the right of amendment. the amendments of the president of the republic are presented by the prime minister and the other members of the government. the proposals and amendments formulated by the deputies are not receivable when their adoption would have as a consequence, either a diminution of public resources, or the creation or aggravation of a public expenditure, unless these proposals or amendments have been matched by proposals of compensatory receipts. however, no additional article or amendment to a bill of law of finance may be proposed by the national assembly, unless it tends to suppress or to effectively redress an expense, to create or to increase [accroître] a receipt. if the government demands it, the national assembly referred to [the matter] pronounces by a sole vote on all or part of the text under discussion retaining in it only the amendments proposed or accepted by the government. article 83 if it appears, in the course of the legislative procedure, that a proposal or amendment is not of the domain of the law, the prime minister and the other members of the government may oppose the receivability. in the case of disagreement, the constitutional council, at the demand of the president of the republic, of the national assembly or of the prime minister, decides within eight days. article 84 the inscription, by priority, on the agenda of the national assembly of a bill or of a proposal of law or of a declaration of general policy, is of right if the president of the republic or the prime minister makes the demand for it. article 85 the deputies may pose, to the prime minister and to the other members of the government, who are held to respond to them, written questions. the deputies may pose to the prime minister and to the other members of the government who are held to respond to them, oral questions and questions concerning current matters [questions d’actualité]. the questions and the responses which are made to them are not followed by [a] vote. the prime minister and the other members of the government present themselves to the national assembly, according to a periodicity to be established with the agreement of the parties, to respond to the questions concerning current matters of the deputies. the national assembly can designate, from within it, commissions of inquiry. the law determines the conditions of organization and of functioning as well as the powers of the commissions of inquiry. article 86 the prime minister can, after deliberation of the council of ministers, decide to pose the question of confidence on a program or a declaration of general policy. the vote on the question of confidence may only intervene two full days after it has been posed. confidence is refused in public ballot with the absolute majority of the members composing the national assembly. the refusal of confidence results in the collective resignation of the government. the national assembly may provoke the resignation of the government by the vote of a motion of censure. the motion of censure must, on penalty of irreceivability, be accompanied by the signatures of one-tenth (1/10) of the members composing the national assembly. the vote of the motion of censure may only intervene two full days after its deposit with the bureau of the national assembly. the motion of censure is voted in public ballot, by the absolute majority of the members composing the national assembly; only the votes favorable to the motion of censure are counted. if the motion of censure is adopted, the prime minister immediately remits the resignation of the government to the president of the republic. a new motion of censure may not be presented in the course of the same session. the prime minister can, after deliberation of the council of ministers, engage the responsibility of the government before the national assembly on the vote of a bill of the law of finance. in this case, the bill is considered as adopted, unless if a motion of censure, deposited within the twenty-four hours which follow, is voted within the conditions of the preceding paragraph. the prime minister can, also, resort to this procedure for one other bill or proposal of law per session. article 87 the president of the republic can, after receiving the opinion of the prime minister and that of the president of the national assembly, pronounce, by decree, the dissolution of the national assembly. however, the dissolution may not intervene during the first two years of legislature. the decree of dissolution establishes the date of the ballot for the election of the deputies. the ballot takes place sixty days at least and ninety days at most after the date of the publication of said decree. the dissolved national assembly may not meet. however, the mandate of the deputies only expires on the date of the proclamation of the election of the members of the new national assembly. title vii-1. of the economic, social and environmental council article 87-1 the economic, social and environmental council may be consulted by the president of the republic, the national assembly and the government on any problem of economic, social or environmental character. any plan or any bill of planning [programmation] of economic, social or environmental character is submitted to it for [its] opinion. it can, on its own initiative, emit its opinion on all [ensemble] of the questions of economic, social or environmental [order] of interest to the different sectors of activity of the nation. an organic law determines the mode of appointment of the members of the economic, social, and environmental council well as the conditions of organization and of functioning of the institution. title viii. of the judicial power article 88 the judicial power is independent of the legislative power and of the executive power. it is exercised by the constitutional council, the supreme court, the court of accounts and the courts and tribunals. article 89 the constitutional council is composed of seven (07) members[,] having one president, one vice president and five (05) judges. the duration of their mandates is of six (06) years. the president of the republic appoints the members of the constitutional council[,] having two from a list of four prominent persons [personnalités] proposed by the president of the national assembly. the president of the constitutional council is appointed by the president of the republic. he has preponderant vote [voix] in case of a tie. the conditions to be fulfilled in order to be able to be appointed [as a] member of the constitutional council are determined by the organic law. the mandate of the members of the constitutional council may be renewed. the functions of the members of the constitutional council may only be terminated before the expiration of their mandate on their demand or for physical incapacity, and within the conditions provide for by the organic law. article 90 the magistrates other than the members of the constitutional council and of the court of accounts are appointed by the president of the republic after the opinion of the superior council of the magistrature. the magistrates of the court of accounts are appointed by the president of the republic after the opinion of the superior council of the court of accounts. the judges are only subject to the authority of the law in the exercise of their functions. the presiding magistrates are irremovable. the competence, the organization and the functioning of the superior council of the magistrature as well as the status of the magistrates are established by an organic law. the competence, the organization and the functioning of the superior council of the court of accounts as well as the status of the magistrates of the court of accounts are established by an organic law. article 91 the judicial power is the guardian of the rights and freedoms defined by the constitution and the law. article 92 the constitutional council takes cognizance of the constitutionality of the laws and of the international commitments, of the conflicts of competence between the executive and the legislative power, as well as of the exceptions [pleadings] of unconstitutionality raised before the court of appeal or the supreme court. the constitutional council may be referred [to a matter] by the president of the republic for [its] opinion. the constitutional court judges concerning the regularity of the national elections and the referendum consultations and proclaims the results of them. the decisions of the constitutional council are not susceptible to any way [voie] of recourse. they impose themselves on the public powers and on all the administrative and jurisdictional authorities. the court of accounts judges the accounts of the public accountants. it verifies the regularity of the receipts and of the expenditures and assures the appropriate use [emploi] of the credits, funds and assets [valeurs] managed by the services of the state or by the other juridical [morales] persons of public law. it assures the verification of the accounts and of the management of the public enterprises and organs [organismes] with public financial participation. it declares and audits the de facto management [gestions du fait]. it sanctions the errors [fautes] of management committed with regard to the state, the territorial collectivities and the organs [organismes] submitted to its control. article 93 except in the case of flagrante delicto, the members of the constitutional council may only be prosecuted, arrested, detained or judged in a criminal matter with the authorization of the council and within the same conditions as the magistrates of the supreme court and of the court of accounts. except in the case of flagrante delicto, the magistrates of the supreme court and of the court of accounts may only be prosecuted, arrested, detained or judged in a criminal matter within the conditions specified by the organic law concerning the status of the magistrates. article 94 the organic laws determine the other competences of the constitutional council, of the supreme court and of the court of accounts[,] as well as their organization, the rules of appointment of their members and the procedure [to be] followed before them. title ix. of the international treaties article 95 the president of the republic negotiates international commitments. he ratifies them or approves them[,] as the case arises [éventuellement], on the authorization of the national assembly. article 96 the peace treaties, the commercial treaties, the treaties or agreements relative to international organization, those which engage the finances of the state, those which modify the provisions of a legislative nature, those which are relative to the status of persons, [and] those involving [comportent] cession, exchange or addition of territory may only be ratified or approved by virtue of a law. they only take effect after having been ratified or approved. no cession, [or] no addition of territory is valid without the consent of the population interested. the republic of senegal may conclude with any african state treaties of association or of community [which] contain the partial or total abandonment of sovereignty with a view to realizing african unity. article 97 if the constitutional council has declared that an international commitment involves a clause contrary to the constitution, the authorization to ratify it or to approve it may only intervene after the revision of the constitution. article 98 the treaties or agreements regularly ratified or approved have, on their publication, an authority superior to that of the laws, under reserve, for each treaty or agreement, of its application by the other party. title x. of the high court of justice article 99 a high court of justice is instituted. article 100 the high court of justice is composed of members elected by the national assembly after each renewal. it is presided over by a magistrate. the organization of the high court of justice and the procedure to be followed before it are determined by an organic law. article 101 the president of the republic is only responsible for the acts accomplished in the exercise of his functions in the case of high treason. he may only be impeached by the national assembly, deciding by a vote by secret ballot, with a majority of three-fifths of the members composing it; he is judged by the high court of justice. the prime minister and the other members of the government are criminally responsible for acts accomplished in the exercise of their functions and [that are] qualified as crimes or misdemeanors at the moment when they were committed. they are judged by the high court of justice. the procedure defined above is applicable to them, as well as to their accomplices, in the case of conspiracy against the security of the state. in the cases specified in this paragraph, the high court is bound by the definition of crimes and misdemeanors as well as by the determination of the penalties, such as they result from the criminal laws in force at the moment when the acts were committed. title xi. of the local collectivities article 102 the territorial collectivities constitute the institutional framework of the participation of the citizens in the management of public affairs. they administer themselves freely by assemblies elected by universal direct suffrage. they participate, in benefit of the territorialization of the public policies, in the implementation of the general policy of the state as well as with the drafting and the monitoring [suivi] of the programs of development specific to their territories. their organization, their composition and their functioning are determined by the law. the implementation of decentralization is accompanied by the deconcentration which is the general rule of division of the competences and of means between the civil administrations of the state. title xii. of revision article 103 the initiative of the revision of the constitution belongs concurrently to the president of the republic and to the deputies. the prime minister can propose to the president of the republic a revision of the constitution. the bill or the proposal of revision of the constitution must be adopted by the national assembly following the procedure provided for by article 71 of this constitution. the revision is definitive after having been approved by referendum. however, the bill or the proposal are not presented to referendum when the president of the republic decides to present it to the national assembly. in this case, the bill or the proposal is only approved if it meets [réunit] the majority of three-fifths (3/5) of the suffrage expressed. articles 65 and 77 are not applicable to constitutional laws. the republican form of the state, the mode of election, the duration and the number of consecutive mandates of the president of the republic may not be made the object of a revision. paragraph 7 of this article may not be made the object of revision. title xiii. transitory provisions article 104 [abrogated by constitutional law no. 2016-10] article 105 [abrogated by constitutional law no. 2016-10] article 106 [abrogated by constitutional law no. 2016-10] article 107 [abrogated by constitutional law no. 2016-10] article 108 [abrogated by constitutional law no. 2016-10] title i on federal belgium, its components and its territory article 1 belgium is a federal state composed of communities and regions. belgium comprises three communities: the flemish community, the french community and the german-speaking community. article 3 belgium comprises three regions: the flemish region, the walloon region and the brussels region. article 4 belgium comprises four linguistic regions: the dutch-speaking region, the french-speaking region, the bilingual region of brussels-capital and the german-speaking region. each municipality of the kingdom forms part of one of these linguistic regions. the boundaries of the four linguistic regions can only be changed or corrected by a law passed by a majority of the votes cast in each linguistic group in each house, on condition that a majority of the members of each group is present and provided that the total number of votes in favour that are cast in the two linguistic groups is equal to at least two thirds of the votes cast. article 5 the flemish region comprises the following provinces: antwerp, flemish brabant, west flanders, east flanders and limburg. the walloon region comprises the following provinces: walloon brabant, hainaut, liege, luxembourg and namur. a law can exclude certain territories, of which it establishes the boundaries, from division into provinces, bring them directly under the federal executive power and subject them to a specific statute. this law must be passed by a majority as described in article 4, last paragraph. article 6 provincial subdivisions can only be established by virtue of a law. article 7 the boundaries of the state, the provinces and the municipalities can only be changed or corrected by virtue of a law. title ibis. on general political objectives of federal belgium, the communities and the regions article 7bis in the exercise of their respective competences, the federal state, the communities and the regions pursue the objectives of sustainable development in its social, economic and environmental aspects, taking into account the solidarity between the generations. title ii. on belgians and their rights article 8 the status as a belgian citizen is acquired, kept and lost according to rules established by civil law. the constitution and the other laws concerning political rights, establish, apart from this status, the necessary conditions for the exercising of these rights. in a departure from the second paragraph, the law can, in accordance with belgium's international and supranational obligations, establish a right to vote for citizens of the european union who are not belgian citizens. the right to vote referred to in the preceding paragraph can be extended by a law to belgian residents who are not citizens of a member state of the european union, under the conditions and in accordance with the terms specified in such a law. transitional provision the law referred to in the fourth paragraph cannot be passed before 1 january 2001. article 9 naturalisation is granted by the federal legislative power. article 10 no class distinctions exist in the state. belgians are equal before the law; they alone are eligible for civil and military service, but for the exceptions that can be created by a law for particular cases. equality between women and men is guaranteed. article 11 enjoyment of the rights and freedoms recognised for belgians must be provided without discrimination. to this end, laws and federate laws guarantee among others the rights and freedoms of ideological and philosophical minorities. article 11bis the law, federate law or rule referred to in article 134 guarantees that women and men may equally exercise their rights and freedoms, and in particular promotes their equal access to elective and public mandates. the council of ministers and the governments of the communities and the regions include both women and men. the law, federate law or rule referred to in article 134 provides for women and men to sit on the permanent deputations of the provincial councils, the colleges of the burgomasters and aldermen, the councils and permanent committees of the public centres for social welfare and on the executives of any other inter-provincial, supra-municipal, inter-municipal or intra-municipal territorial body. the preceding paragraph does not apply when the law, federate law or rule referred to in article 134 provides for the direct election of the members of the permanent deputations of the provincial councils, of aldermen, of the members of the councils and permanent committees of the social welfare centres or of the members of the executives of any other inter-provincial, supra-municipal, inter-municipal or intra-municipal territorial body. article 12 the freedom of the individual is guaranteed. no one can be prosecuted except in the cases provided for by the law, and in the form prescribed by the law. except in the case of a flagrant offence, no one can be arrested except on the strength of a reasoned judge's order, which must be served at the time of arrest or at the latest within twenty-four hours. article 13 no one can be separated, against his will, from the judge that the law has assigned to him. article 14 no punishment can be introduced or administered except by virtue of the law. article 14bis capital punishment is abolished. article 15 one's home is inviolable; no house search may take place except in the cases provided for by the law and in the form prescribed by the law. article 16 no one can be deprived of his property except in the case of expropriation for a public purpose, in the cases and manner established by the law and in return for fair compensation paid beforehand. article 17 assets may not be confiscated as a means of punishment. article 18 civil death is abolished; it cannot be re-introduced. article 19 freedom of worship, its public practice and freedom to demonstrate one's opinions on all matters are guaranteed, but offences committed when this freedom is used may be punished. article 20 no one can be obliged to contribute in any way whatsoever to the acts and ceremonies of a religion or to observe its days of rest. article 21 the state does not have the right to intervene either in the appointment or in the installation of ministers of any religion whatsoever or to forbid these ministers from corresponding with their superiors, from publishing the acts of these superiors, but, in this latter case, normal responsibilities as regards the press and publishing apply. a civil wedding should always precede the blessing of the marriage, apart from the exceptions to be established by the law if needed. article 22 everyone has the right to the respect of his private and family life, except in the cases and conditions determined by the law. the laws, federate laws and rules referred to in article 134 guarantee the protection of this right. article 22bis each child is entitled to have his or her moral, physical, mental and sexual integrity respected. each child has the right to express his or her views in all matters affecting him or her, the views of the child being given due weight in accordance with his or her age and maturity. each child has the right to benefit from measures and facilities which promote his or her development. in all decisions concerning children, the interest of the child is a primary consideration. the law, federate law or rule referred to in article 134 ensures these rights of the child. article 23 everyone has the right to lead a life in keeping with human dignity. to this end, the laws, federate laws and rules referred to in article 134 guarantee economic, social and cultural rights, taking into account corresponding obligations, and determine the conditions for exercising them. these rights include among others: the right to employment and to the free choice of an occupation within the context of a general employment policy, aimed among others at ensuring a level of employment that is as stable and high as possible, the right to fair terms of employment and to fair remuneration, as well as the right to information, consultation and collective negotiation; the right to social security, to health care and to social, medical and legal aid; the right to decent accommodation; the right to the protection of a healthy environment; the right to cultural and social fulfilment; the right to family allowances. article 24 education is free; any preventive measure is forbidden; the punishment of offences is regulated only by the law or federate law. the community offers free choice to parents. the community organises non-denominational education. this implies in particular the respect of the philosophical, ideological or religious beliefs of parents and pupils. schools run by the public authorities offer, until the end of compulsory education, the choice between the teaching of one of the recognised religions and non-denominational ethics teaching. if a community, in its capacity as an organising authority, wishes to delegate powers to one or several autonomous bodies, it can only do so by federate law adopted by a two-thirds majority of the votes cast. everyone has the right to education with the respect of fundamental rights and freedoms. access to education is free until the end of compulsory education. all pupils of school age have the right to moral or religious education at the community's expense. all pupils or students, parents, teaching staff or institutions are equal before the law or federate law. the law and federate law take into account objective differences, in particular the characteristics of each organising authority that warrant appropriate treatment. the organisation, the recognition and the subsidising of education by the community are regulated by the law or federate law. article 25 the press is free; censorship can never be introduced; no security can be demanded from authors, publishers or printers. when the author is known and resident in belgium, neither the publisher, the printer nor the distributor can be prosecuted. article 26 belgians have the right to gather peaceably and without arms, in accordance with the laws that can regulate the exercise of this right, without submitting it to prior authorisation. this provision does not apply to open air meetings, which are entirely subject to police regulations. article 27 belgians have the right to enter into association or partnership; this right cannot be subject to any preventative measure. article 28 everyone has the right to address petitions signed by one or more persons to the public authorities. constituted bodies are alone entitled to address petitions under a collective name. article 29 the confidentiality of letters is inviolable. the law determines which officials may violate the confidentiality of letters entrusted to the postal service. article 30 the use of languages spoken in belgium is optional; only the law can rule on this matter, and only for acts of the public authorities and for judicial affairs. article 31 no authorisation is necessary prior to taking legal action against civil servants for offences resulting from their administration, except with regard to what has been ruled on concerning ministers and members of the community and regional governments. article 32 everyone has the right to consult any administrative document and to obtain a copy, except in the cases and conditions stipulated by the laws, federate laws or rules referred to in article 134. title iii. on powers article 33 all powers emanate from the nation. these powers are exercised in the manner laid down by the constitution. article 34 the exercising of specific powers can be assigned by a treaty or by a law to institutions of public international law. article 35 the federal authority only has competences in the matters that are formally assigned to it by the constitution and the laws passed by virtue of the constitution itself. the communities and the regions, each in its own field of concern, have competences for the other matters, under the conditions and in the terms stipulated by the law. this law must be adopted by a majority as described article 4, last paragraph. transitional provision the law referred to in the second paragraph determines the date on which this article comes into force. this date cannot precede the date of the entry into force of the new article to be inserted in title iii of the constitution, which determines the competences exclusive to the federal authority. article 36 the federal legislative power is exercised jointly by the king, the house of representatives and the senate. article 37 the federal executive power, as regulated by the constitution, belongs to the king. article 38 each community has those powers which are recognised by the constitution or by the laws passed by virtue of the constitution. article 39 the law assigns to the regional bodies that it creates and that are composed of elected representatives the power to manage the matters that it determines, with the exception of those referred to in articles 30 and 127 to 129, within the scope and according to the manner laid down by a law. this law must be passed by a majority as described in article 4, last paragraph. article 39bis except for matters relating to finances or budget or matters that are regulated by a majority of two thirds of the votes cast, matters attributed exclusively to regional bodies can be the subject of a referendum in the region concerned. the rule referred to in article 134 determines the procedures and arrangements for the referendum, and is adopted by a majority of two thirds of the votes cast, under the condition that the majority of the members of the parliament concerned is present. a law passed by a majority as described in article 4, last paragraph lays down additional majority requirements with respect to the brussels-capital region. article 39ter the law, federate law or rule referred to in article 134 that regulates the elections for the house of representatives or a community or regional parliament, and that is promulgated less than one year before the date on which the legislative term is to come to an end, comes into force no sooner than one year after it has been promulgated. transitional provision this article comes into force on the day when the first elections for the european parliament take place after it has been published in the belgian official gazette. article 40 judiciary power is exercised by the courts. court decisions are executed in the name of the king. article 41 interests which are exclusively of a municipal or provincial nature are ruled on by municipal or provincial councils, according to the principles laid down by the constitution. however, the rule referred to in article 134 can abolish the provincial institutions in implementation of a law passed by a majority as described in article 4, last paragraph. in such a case, the rule referred to in article 134 can replace them by supra-municipal collectivities, the councils of which rule the exclusively supra-municipal interests in accordance with the principles established by the constitution. the rule referred to in article 134 must be adopted by a majority of two thirds of the votes cast, under the condition that the majority of the members of the parliament concerned is present. the rule referred to in article 134 defines the competences, working rules and mode of election of intra-municipal territorial bodies that are authorised to regulate matters of municipal interest. these intra-municipal territorial bodies are created in municipalities with more than 100,000 inhabitants following the initiative of the municipal council. their members are directly elected. in implementation of a law adopted by a majority as described in article 4, last paragraph, the federate law or rule referred to in article 134 regulates the other conditions and the way in which such intra-municipal territorial bodies may be created. this federate law and the rule referred to in article 134 can only be adopted by a majority of two thirds of the votes cast, under the condition that the majority of the members of the parliament concerned is present. matters of municipal, supra-municipal or provincial interest can be the subject of a referendum in the municipality, supra-municipal collectivity or province concerned. the rule referred to in article 134 regulates the procedures and arrangements for the referendum. chapter i. on the federal houses article 42 the members of the two houses represent the nation, and not only those who elected them. article 43 for cases determined by the constitution, the elected members of the house of representatives are divided into a dutch linguistic group and a french linguistic group, in the manner determined by the law. for cases determined by the constitution, senators, except the senator appointed by the parliament of the german-speaking community, are divided into a dutch linguistic group and a french linguistic group. the senators referred to in article 67, ⧠1, 1â°, 3â° and 6â° make up the dutch linguistic group of the senate. the senators referred to in article 67, ⧠1, 2â° to 4â° and 7â° make up the french linguistic group of the senate. transitional provision this article comes into force on the day when elections take place with a view to the complete renewal of the community and regional parliaments in 2014. the following provisions apply until that day: â��⧠1. for cases determined by the constitution, the elected members of each house are divided into a dutch linguistic group and a french linguistic group, in the manner determined by the law. ⧠2. the senators referred to in article 67, ⧠1, 1â°, 3â° and 6â° make up the dutch linguistic group of the senate. the senators referred to in article 67, ⧠1, 2â°, 4â° and 7â° make up the french linguistic group of the senate.â��. article 44 the houses meet by right each year on the second tuesday of october, unless they have been convened prior to this by the king. the houses must meet for at least forty days each year. the senate is a non-permanent body. the king pronounces the closing of the session. the king has the right to convene the houses to an extraordinary meeting. transitional provision the second sentence of the second paragraph comes into force on the day when elections take place with a view to the complete renewal of the community and regional parliaments in 2014. article 45 the king can adjourn the houses. however, the adjournment cannot be for longer than one month, nor can it be repeated in the same session without the consent of the houses. article 46 the king has the right to dissolve the house of representatives only if the latter, with the absolute majority of its members: either rejects a motion of confidence in the federal government and does not propose to the king, within three days of the day of the rejection of the motion, the appointment of a successor to the prime minister; or adopts a motion of no confidence with regard to the federal government and does not simultaneously propose to the king the appointment of a successor to the prime minister. the motions of confidence and no confidence can only be voted on forty-eight hours after the tabling of the motion. moreover, the king may, in the event of the resignation of the federal government, dissolve the house of representatives after having received its agreement expressed by the absolute majority of its members. the act of dissolution convenes the electorate within forty days and the house of representatives within two months. in case both houses are dissolved in accordance with article 195, the houses are convened within three months. in case of early dissolution, the new federal parliamentary term may not extend beyond the day when the first election of the european parliament following this dissolution is held. transitional provision after the 2014 election of the european parliament, a law, passed by a majority as described in article 4, last paragraph, fixes the date when the sixth paragraph comes into force. this date is that on which article 65, third paragraph and article 118, ⧠2, fourth sub-paragraph come into force. the fourth and fifth paragraphs come into force on the day when elections take place with a view to the complete renewal of the community and regional parliaments in 2014. until this date, the following provisions are applicable in lieu of the fourth and fifth paragraphs: â��the dissolution of the house of representatives entails the dissolution of the senate. the act of dissolution convenes the electorate within forty days and the houses within two months. the dissolution of the house of representatives leading to parliamentary elections at federal level that take place the same day as the 2014 election of the community and regional parliaments entails the dissolution of the senate. the electorate for the house of representatives is convened within forty days. the houses are convened within three months.â��.â  article 47 the sittings of the houses are public. nevertheless, each house can meet in camera at the request of its president or of ten members. it decides afterwards, by absolute majority, whether the sitting must be continued in public on the same subject. article 48 each house verifies the credentials of its members and judges any dispute that can be raised on this matter. article 49 one cannot be a member of both houses at the same time. article 50 any member of either house appointed by the king as minister and who accepts this appointment ceases to sit in parliament and takes up his mandate again when the king has terminated his office as minister. the law determines the rules for his replacement in the house concerned. article 51 any member of either house appointed by the federal government to any salaried position other than that of minister and who accepts the appointment immediately ceases to sit in parliament and only takes his seat again after having been re-elected. article 52 each session, each house appoints its president, its vice-presidents, and forms its bureau. article 53 all resolutions are passed by an absolute majority of the votes cast, except for what is established by the rules of procedure of the houses with regard to elections and nominations. if the vote is tied, the proposal submitted for discussion is rejected. neither of the two houses can pass a resolution unless a majority of its members is present. article 54 except for budgets and laws requiring a special majority, a reasoned motion signed by at least three-quarters of the members of one of the linguistic groups and tabled following the depositing of the report and prior to the final vote in a public sitting can declare that the provisions that it designates of a government bill or private member's bill can gravely damage relations between the communities. in this case, parliamentary procedure is suspended and the motion is referred to the council of ministers, which within thirty days gives its reasoned opinion on the motion and invites the house involved to pronounce on this opinion or on the government bill or private member's bill that, if need be, has been amended. this procedure can be applied only once by the members of a linguistic group with regard to the same government bill or private member's bill. article 55 votes are cast by sitting and standing or by call-over; on the laws as a whole is always voted by call-over. the election and nomination of candidates are carried out by secret ballot. article 56 the house of representatives has the right to hold an enquiry. at the request of fifteen of its members, the house of representatives, a community or regional parliament or the king, the senate can decide by absolute majority of the votes cast, with at least a third of the votes cast in each linguistic group, that an information report will be drafted concerning an issue that also has repercussions on the competences of the communities or regions. the report is approved by absolute majority of the votes cast, with at least a third of the votes cast in each linguistic group. transitional provision this article comes into force on the day when elections take place with a view to the complete renewal of the community and regional parliaments in 2014. until this day, the following provision applies: â��each house has the right to hold an enquiry.â��. article 57 it is forbidden to present petitions to the houses in person. the house of representatives has the right to send to ministers petitions that are addressed to it. the ministers are obliged to give explanations on the content of these petitions whenever the house so requires. transitional provision the second paragraph comes into force on the day when elections take place with a view to the complete renewal of the community and regional parliaments in 2014. until this day, the following provision applies in lieu of the second paragraph: â��each house has the right to send to ministers petitions that are addressed to it. the ministers are obliged to explain the content of these petitions whenever the house so requires.â��. article 58 no member of either house can be prosecuted or be the subject of any investigation with regard to opinions expressed and votes cast by him in the exercise of his duties. article 59 except in the case of a flagrant offence, no member of either house may, during a session and in criminal matters, be directly referred or summoned before a court or be arrested, except with the authorisation of the house of which he is a member. except in the case of a flagrant offence, coercive measures requiring the intervention of a judge cannot, during a session and in criminal matters, be instituted against a member of either house, except by the first president of the appeal court at the request of the competent judge. this decision is to be communicated to the president of the house concerned. all searches or seizures executed by virtue of the preceding paragraph can be performed only in the presence of the president of the house concerned or a member appointed by him. during the session, only the officers of the public prosecutor's office and competent officers may institute criminal proceedings against a member of either house. the member concerned of either house may at any stage of the judicial enquiry request during a session and in criminal matters that the house of which he is a member suspend proceedings. to grant this request, the house concerned must decide by a majority of two thirds of the votes cast. detention of a member of either house or his prosecution before a court is suspended during the session if the house of which he is a member so requests. article 60 each house determines, in its rules of procedure, the way in which it exercises its duties. section i. on the house of representatives article 61 the members of the house of representatives are elected directly by citizens who are at least eighteen years of age and who do not fall within the categories of exclusion stipulated by the law. each elector has the right to only one vote. article 62 the composition of the electoral colleges is regulated by the law. elections take place in accordance with the system of proportional representation that the law determines. voting is obligatory and secret. it takes place in the municipality, except in the cases determined by the law. article 63 the house of representatives is composed of one hundred and fifty members. the number of seats in each electoral district corresponds to the result of dividing the number of inhabitants of the electoral district by the federal divisor, which is obtained by dividing the number of the population of the kingdom by one hundred and fifty. the remaining seats are assigned to the electoral districts with the greatest surplus of population not yet represented. the distribution of the members of the house of representatives among the electoral districts is determined by the king in proportion to the population. the number of inhabitants in each electoral district is established every ten years by a census or by any other means defined by the law. the king publishes the results within six months. within three months of this publication, the king determines the number of seats to be assigned to each electoral district. the new distribution is applied as of the following general election. the law determines the electoral districts; it also determines the conditions required to be an elector as well as the way in which elections are conducted. however, the law determines special rules with a view to protecting the legitimate interests of french and dutch-speaking people in the former province of brabant. the provisions which establish these special rules may only be amended by a law passed by a majority as described in article 4, last paragraph. article 64 to be eligible, one must: be belgian; enjoy civil and political rights; have reached the age of eighteen; be resident in belgium. no other condition of eligibility can be required. transitional provision the first paragraph, 3â° comes into force on the day when elections take place with a view to the complete renewal of the community and regional parliaments in 2014. until this day, and without prejudice to article 64, 1â°, 2â° and 4â°, one must have reached the age of twenty-one. article 65 the members of the house of representatives are elected for five years. the house is re-elected as a whole every five years. elections for the house take place on the same day as elections for the european parliament. transitional provision after elections for the european parliament have been held in 2014, a law passed by a majority as described in article 4, last paragraph sets the date on which the third paragraph comes into force. this date is that on which article 46, sixth paragraph and article 118, ⧠2, fourth sub-paragraph come into force. parliamentary elections at federal level will in any case take place on the same day as the first elections for the european parliament following the publication of this revision in the belgian official gazette. article 66 each member of the house of representatives has an annual indemnity of twelve thousand francs. within the national borders, the members of the house of representatives have the right to free travel on all means of transport operated or conceded by the public authorities. the president of the house of representatives can be granted an annual indemnity to be charged to the allowance that covers the expenses of this assembly. the house determines the amount that can be deducted from the indemnity to form a contribution to retirement and pension funds that it considers necessary to set up. section ii. on the senate article 67 the senate is composed of sixty senators, of whom: twenty-nine senators appointed by the flemish parliament from among its members or from among the members of the dutch linguistic group of the parliament of the brussels-capital region; ten senators appointed from among its members by the parliament of the french community; eight senators appointed from among its members by the parliament of the walloon region; two senators appointed from among its members by the french linguistic group of the parliament of the brussels-capital region; one senator appointed from among its members by the parliament of the german-speaking community; six senators appointed by the senators referred to in 1â°; four senators appointed by the senators referred to in 2â° and 4â°. at least one of the senators referred to in ⧠1, 1â° is to be legally resident in the bilingual region of brussels-capital on the day of his election. three of the senators referred to in ⧠1, 2â° are member of the french linguistic group of the parliament of the brussels-capital region. as a departure from ⧠1, 2â°, one of these three senators must not be a member of the parliament of the french community. the senate is composed of no more than two-thirds of senators of the same gender. when a list mentioned in article 68, â§â 2 is not represented by senators respectively referred to in â§â 1, 1â° or in â§â 1, 2â°, 3â° or 4â°, the senators referred to in â§â 1, 6â° or in â§â 1, 7â° may be appointed by the members of the house of representatives who have been elected on the aforesaid list. transitional provision this article comes into force on the day when elections take place with a view to the complete renewal of the community and regional parliaments in 2014. until this day, the following provisions apply: â��⧠1. without prejudice to article 72, the senate is composed of seventy-one senators, of whom: twenty-five senators elected in accordance with article 61 by the dutch electoral college; fifteen senators elected in accordance with article 61 by the french electoral college; ten senators appointed from among its members by the parliament of the flemish community, called the flemish parliament; ten senators appointed from among its members by the parliament of the french community; one senator appointed from among its members by the parliament of the german-speaking community; six senators appointed by the senators referred to in 1â° and 3â°; four senators appointed by the senators referred to in 2â° and 4â°. when their parliament is re-elected as a whole and this re-election does not coincide with the renewal of the senate, the senators referred to in the first paragraph, 3â° to 5â° who no longer have a seat in their parliament retain the mandate of senator until the opening of the first session following the re-election of their parliament. ⧠2. at least one of the senators referred to in ⧠1, 1â°, 3â° and 6â° is to be legally resident in the bilingual region of brussels-capital on the day of his election. at least six of the senators referred to in ⧠1, 2â°, 4â° and 7â° are to be legally resident in the bilingual region of brussels-capital on the day of their election. if at least four of the senators referred to in ⧠1, 2â° are not legally resident in the bilingual region of brussels-capital on the day of their election, at least two of the senators referred to in ⧠1, 4â° must be legally resident in the bilingual region of brussels-capital on the day of their election." article 68 the senate seats referred to in article 67, ⧠1, 1â° are distributed among the lists according to the system of proportional representation determined by the law, in the way laid down by the law, on the basis of the addition of the vote counts of the lists obtained in the different electoral districts at the election for the flemish parliament. the lists of which the vote counts are added up in pursuance of the first sub-paragraph only qualify for being allocated senate seats referred to in article 67, ⧠1, 1â° provided that they have obtained at least one seat in the flemish parliament. the senate seats referred to in article 67, ⧠1, 2â° to 4â° are distributed among the lists according to the system of proportional representation determined by the law, in the way laid down by the law, on the basis of the addition of the vote counts of the lists obtained in the different electoral districts at the election for the parliament of the walloon region and the vote counts of the lists for the french linguistic group obtained at the election for the parliament of the brussels-capital region. the lists of which the vote counts are added up in pursuance of the third sub-paragraph only qualify for being allocated senate seats referred to in article 67, ⧠1, 2â° to 4â° provided that they have obtained at least one seat respectively in the parliament of the french community, in the walloon parliament and in the french linguistic group of the parliament of the brussels-capital region. the law determines the rules for the appointment of the senators referred to in article 67, ⧠1, 1â° to 4â°, with the exception of the detailed rules which, in pursuance of a law passed by a majority as described in article 4, last paragraph, are laid down by the community parliaments, each for itself, by federate law. this federate law must be passed by a two-thirds majority of the votes cast, on condition that the majority of the members of the parliament concerned is present. the senator referred to in article 67, ⧠1, 5â° is appointed by the parliament of the german-speaking community by absolute majority of the votes cast. the senate seats referred to in article 67, ⧠1, 6â° to 7â° are distributed among the lists according to the system of proportional representation determined by the law, in the way laid down by the law, on the basis of the addition of the vote counts of the lists obtained at the election for the house of representatives. the aforesaid system of proportional representation is the system which is described in article 63, ⧠2 of the constitution. a law passed by a majority as described in article 4, last paragraph determines the electoral districts of which the votes are taken into consideration for distributing the seats of the senators referred to in article 67, ⧠1, 6â° and 7â° who belong respectively to the dutch and the french linguistic group. a list may only be taken into consideration for distributing the seats of a single linguistic group. the law determines the rules for the appointment of the senators referred to in article 67, ⧠1, 6â° to 7â°. transitional provision this article comes into force on the day when elections take place with a view to the complete renewal of the community and regional parliaments in 2014, with the exception of â§â 2, first sub-paragraph, last sentence. until this day, the following provisions apply: â��⧠1. the total number of senators referred to in article 67, ⧠1, 1â°, 2â°, 3â°, 4â°, 6â° and 7â° is divided, according to the system of proportional representation that the law determines, among each linguistic group on the basis of the vote count of the lists obtained at the election of the senators referred to in article 67, ⧠1, 1â° and 2â°. for the appointment of the senators referred to in article 67, ⧠1, 3â° and 4â°, only those lists are taken into consideration on which at least one senator referred to in article 67, ⧠1, 1â° and 2â° is elected and provided that a sufficient number of members elected on this list sit, according to the case, in the parliament of the flemish community or the parliament of the french community. for the appointment of the senators referred to in article 67, ⧠1, 6â° and 7â°, only those lists are taken into consideration on which at least on senator referred to in article 67, ⧠1, 1â° and 2â° is elected. ⧠2. for the election of the senators referred to in article 67, ⧠1, 1â° and 2â°, voting is obligatory and secret. voting takes place in the municipality, except in the cases that the law determines. ⧠3. for the election of senators referred to in article 67, ⧠1, 1â° and 2â°, the law determines the electoral districts and the composition of the electoral colleges: it also determines the conditions which must be met in order to be an elector, as well as the way in which elections are conducted. the law determines the rules for the appointment of the senators referred to in article 67, ⧠1, 3â° to 5â°, with the exception of the detailed rules which, in pursuance of a law passed by a majority as described in article 4, last paragraph, are laid down by the community parliaments, each for itself, by federate law. this federate law must be adopted by a two-thirds majority of the votes cast, on condition that the majority of the members of the parliament concerned is present. the senator referred to in article 67, ⧠1, 5â° is appointed by the parliament of the german-speaking community by absolute majority of the votes cast. the law determines the rules for the appointment of the senators referred to in article 67, ⧠1, 6â° and 7â°.â��. article 69 in order to be appointed as a senator, one must: be belgian; enjoy civil and political rights; have reached the age of eighteen; be resident in belgium. transitional provision this article comes into force on the day when elections take place with a view to the complete renewal of the community and regional parliaments in 2014. until this day, the following provisions apply: â��in order to be elected or appointed as a senator, one must: be belgian: enjoy civil and political rights: have reached the age of twenty-one: be resident in belgium.â��. article 70 the mandate of the senators referred to in article 67, ⧠1, 1â° to 5â° runs from the day when they take the oath in the senate and ends, after the complete renewal of the parliament that has appointed them, on the day when the first session of the latter is opened. the mandate of the senators referred to in article 67, ⧠1, 6â° and 7â° runs from the day when they take the oath in the senate and ends on the day when the first session of the house of representatives following its complete renewal is opened. tranprov this article comes into force on the day when elections take place with a view to the complete renewal of the community and regional parliaments in 2014. until this day, the following provisions apply: â��the senators referred to in article 67, ⧠1, 1â° and 2â° are elected for four years. the senators referred to in article 67, ⧠1, 6â° and 7â° are appointed for four years. the senate is in any case renewed as a whole when the elections for the community and regional parliaments are held in 2014.â��. article 71 senators do not receive a salary. they do, however, have the right to be compensated for expenses. the compensation granted to the senators referred to in article 67, ⧠1, 1â° to 4â° is fixed by the community or regional parliament that appoints them. it is charged to this parliament. the compensation granted to the senator referred to in article 67, ⧠1, 5â° is the same as the compensation granted to the senators referred to in article 67, ⧠1, 3â° and is charged to the parliament of the german-speaking community. the compensation granted to the senators referred to in article 67, ⧠1, 6â° and 7â° is charged to the senateâ��s allowance. within the national borders, the members of the senate have the right to free travel on all means of transport operated or conceded by the public authorities. transitional provision the insertion of the third to fifth paragraphs of this article becomes effective on the day when elections take place with a view to the complete renewal of the community and regional parliaments in 2014. until this day, senators are entitled to a compensation of four thousand francs a year. article 72 [repealed] article 73 any assembly of the senate that is held when the house of representatives is not in session is null and void. chapter ii. on federal legislative power article 74 as a departure from article 36, federal legislative power is jointly exercised by the king and by the house of representatives for other matters than those described in articles 77 and 78. transitional provision this article comes into force on the day when elections take place with a view to the complete renewal of the community and regional parliaments in 2014. until this day, the following provisions apply: â��as a departure from article 36, federal legislative power is jointly exercised by the king and by the house of representatives for: the granting of naturalisation; laws relating to the civil and criminal liability of the kingâ��s ministers; state budgets and accounts, without prejudice to article 174, first paragraph, second sentence; the setting of army quotas.â��. article 75 each branch of the federal legislative power has the right to propose legislation. however, the senate can only exercise this right with respect to the matters described in article 77. with respect to the matters described in article 78, draft bills submitted to the houses on the kingâ��s initiative are tabled with the house of representatives and then sent to the senate. transitional provision this article comes into force on the day when elections take place with a view to the complete renewal of the community and regional parliaments. until this day, the following provisions apply: â��each branch of the federal legislative power has the right to propose legislation. except for those matters described in article 77, draft bills submitted to the houses following the kingâ��s initiative are tabled with the house of representatives and are then sent to the senate. draft bills relating to the approval of treaties submitted to the houses following the kingâ��s initiative are tabled with the senate and then sent to the house of representatives.â��. article 76 a draft bill may be adopted by a house only after having been voted on article by article. the houses have the right to amend and to split the articles and amendments proposed. the rules of procedure of the house of representatives provide for a second reading procedure. transitional provision the third paragraph comes into force on the day when elections take place with a view to the complete renewal of the community and regional parliaments in 2014. article 77 the house of representatives and the senate are equally competent with respect to: declaring that there are reasons to revise such constitutional provision as they determine, and with respect revising and co-ordinating the constitution; matters that must be settled by both legislative houses by virtue of the constitution; the laws to be passed by a majority as described in article 4, last paragraph; the laws relating to the institutions and financing of the german-speaking community; the laws relating to the financing of political parties and the control of electoral expenditure; the laws relating to the organisation of the senate and the senatorâ��s status. a law passed by a majority as described in article 4, last paragraph may designate other matters for which the house of representatives and the senate are equally competent. transitional provision this article comes into force on the day when elections take place with a view to the complete renewal of the community and regional parliaments in 2014. until this day, the following provisions apply: â��the house of representatives and the senate are equally competent with respect to: declaring that there are reasons to revise such constitutional provision as they determine, and with respect to such constitutional revision; matters that must be settled by both legislative houses by virtue of the constitution; the laws described in articles 5, 39, 43, 50, 68, 71, 77, 82, 115, 117, 118, 121, 123, 127 to 131, 135 to 137, 140 to 143, 145, 146, 163, 165, 166, 167, ⧠1, third sub-paragraph, ⧠4 and ⧠5, 169, 170, ⧠2, second sub-paragraph, ⧠3, second and third sub-paragraphs, ⧠4, second sub-paragraph, and 175 to 177, as well as the laws enacted in order to execute the above-mentioned laws and articles; the laws to be adopted by a majority as described in article 4, last paragraph, as well as the laws enacted in order to execute such laws: the laws referred to in article 34; the laws approving treaties; the laws adopted in accordance with article 169, to guarantee that international or supranational commitments are observed; the laws relating to the council of state; the organisation of the courts; the laws approving cooperation agreements between the state, the communities and the regions. a law adopted by a majority as described in article 4, last paragraph may designate other laws for which the house of representatives and the senate are equally competent.â��. article 78 with the reservation of what is provided for in article 77, draft bills adopted by the house of representatives with respect to the following matters are sent to the senate: the laws enacted in order to execute laws to be passed by a majority as described in article 4, last paragraph; the laws described in articles 5, 39, 115, 117, 118, 121, 123, 127 to 129, 131, 135 to 137, 141 to 143, 163, 165, 166, 167, ⧠1, third sub-paragraph, 169, 170, ⧠2, second sub-paragraph, ⧠3, second and third sub-paragraphs, and ⧠4, second sub-paragraph, 175 and 177, as well as the laws enacted in order to execute the above-mentioned laws, with the exception of the legislation on the organisation of automated voting; the laws passed in accordance with article 169, to guarantee that international and supranational commitments are observed; the laws relating to the council of state and the federal administrative courts. a law passed by a majority as described in article 4, last paragraph may designate other matters that the senate can examine according to the procedure as described in this article. the senate examines the draft bill at the request of the majority of its members, including at least a third of the members of each linguistic group. this request is made within fifteen days from the receipt of the bill. the senate may, within no more than thirty days: decide that there is no ground to amend the bill; adopt the bill after having amended it. if the senate does not pronounce on the bill within the time allotted, or if it has informed the house of representatives of its decision not to amend, the bill is sent by the house of representatives to the king. if the bill has been amended, the senate sends it to the house of representatives, which makes a final decision by either passing or amending it. transitional provision this article comes into force on the day when elections take place with a view to the complete renewal of the community and regional parliaments in 2014. until this day, the following provisions apply: â��in other matters than those described in articles 74 and 77, draft bills adopted by the house of representatives are sent to the senate. at the request of at least fifteen senators, the senate examines the draft bills. this request is made within fifteen days of the draft bill being received. the senate may, within no more than sixty days: decide not to amend the draft bill: adopt the bill after having amended it. if the senate does not pronounce on the bill within the time allotted, or if the senate has informed the house of representatives of its decision not to amend, the bill is sent by the house of representatives to the king. if the bill has been amended, the senate sends it to the house of representatives, which makes a final decision by either adopting or rejecting all or some of the amendments adopted by the senate.â��. article 79 [repealed] article 80 [repealed] article 81 [repealed] article 82 a parliamentary consultation committee composed equally of members of the house of representatives and of the senate settles conflicts of competence that arise between the two houses and may, by mutual agreement, extend the examination deadline set in articles 78 to 81 at any time. if no majority exists in the two groups composing the committee, the latter makes its decision by a majority of two thirds of its members. a law determines the composition and functioning of the committee, as well as the way of calculating the time limits set in article 78. transitional provision this article comes into force on the day when elections take place with a view to the complete renewal of the community and regional parliaments. until this day, the following provisions apply: â��a parliamentary consultation committee composed equally of members of the house of representatives and of the senate settles conflicts of competence that arise between the two houses and may, by mutual agreement, extend the examination deadlines set in articles 78 to 81 at any time. in no majority exists in the two groups composing the committee, the latter makes its decision by a majority of two thirds of its members. a law determines the composition and functioning of the committee, as well as the way of calculating the time limits set in articles 78 to 81.â��. article 83 each private member's bill and each government bill mentions whether it concerns a matter described in article 74, article 77 or article 78. article 84 only the law can give an authoritative interpretation of laws. chapter iii. on the king and the federal government section i. on the king article 85 the constitutional powers of the king are hereditary through the direct, natural and legitimate descent from h.m. leopold, george, christian, frederick of saxe-coburg, by order of primogeniture. the descendant mentioned in the first paragraph who marries without the king's consent or, in his absence, without the consent of those exercising the king's powers in cases provided for by the constitution shall be deprived of his right to the crown. nonetheless, this right may be restored by the king or, in his absence, by those exercising the powers of the king in cases provided for by the constitution, but only with the assent of both houses. article 86 for lack of a descendant of h.m. leopold, george, christian, frederick of saxe-coburg the king may appoint his successor, with the assent of the houses, in the manner described in article 87. in the absence of an appointment made in the manner described above, the throne is considered vacant. article 87 the king may not at the same time act as head of another state without the consent of both houses. neither house may deliberate on this matter unless two thirds of its members are present, and the resolution is only adopted if it attracts at least two thirds of the votes. article 88 the king's person is inviolable; his ministers are accountable. article 89 the law determines the civil list for the duration of each reign. article 90 upon the death of the king, the houses meet without being convened at the latest on the tenth day after his death. if the houses have been dissolved previously, and if the act of dissolution convenes them to meet later than the tenth day following the king's death, the members of the former houses take up their seats again until the meeting of those who will replace them. from the death of the king until the oath is sworn by his successor to the throne or by the regent, the king's constitutional powers are exercised, in the name of the belgian people, by the ministers meeting in council, and under their responsibility. article 91 the king attains his majority upon his eighteenth birthday. the king only accedes to the throne after having sworn the following oath before the united houses: "i swear to observe the constitution and the laws of the belgian people, to preserve the country's national independence and its territorial integrity". article 92 if upon the death of the king, his successor is a minor, the two houses meet as a single assembly to appoint a regent and a guardian. article 93 if the king finds himself unable to reign, the ministers, having had this inability stated, immediately convene the houses. the regent and guardian are appointed by the joint houses. article 94 only one person may be regent. the regent takes up office only after having sworn the oath as prescribed in article 91. article 95 if the throne is vacant, the houses, deliberating as one assembly, provisionally appoint a regent, until the convening of the fully renewed houses; this meeting must take place within two months. the new houses, deliberating as one assembly, fill the vacancy. section ii. on the federal government article 96 the king appoints and dismisses his ministers. the federal government offers its resignation to the king if the house of representatives, by an absolute majority of its members, adopts a motion of no confidence proposing a successor to the prime minister for appointment by the king or proposes a successor to the prime minister for appointment by the king within three days of the rejection of a motion of confidence. the king appoints the proposed successor as prime minister, who takes office when the new federal government is sworn in. article 97 only belgians may be ministers. article 98 no member of the royal family may be a minister. article 99 the council of ministers is composed of no more than fifteen members. with the possible exception of the prime minister, the council of ministers is composed of an equal number of dutch-speaking members and french-speaking members. article 100 ministers have access to both houses and must be heard whenever they so request. the house of representatives may require the presence of ministers. the senate may require their presence for the matters in article 77 or 78. for other matters, it may request their presence. transitional provision the second sentence of the second paragraph comes into force on the day when elections take place with a view to the complete renewal of the community and regional parliaments in 2014. until this day, the following provision applies, without prejudice to the first paragraph and the first and last sentences of the second paragraph: â��the senate may require their presence for discussion of a government bill or private memberâ��s bill as mentioned in article 77 or a government bill as mentioned in article 78 or for the exercise of its right of inquiry as mentioned in article 56.â��. article 101 ministers are accountable to the house of representatives. no minister can be prosecuted or be the subject of any investigation with regard to opinions expressed by him in the exercise of his duties. article 102 in no circumstances may a written or oral order of the king exempt a minister from his accountability. article 103 ministers are tried exclusively by the appeal court for offences they have allegedly committed in the exercise of their duties. the same rule applies in the case of offences allegedly committed by ministers outside the exercise of their duties and for which they are tried during the exercise of their duties. as the case may be, articles 59 and 120 are not applicable. the law determines the manner of proceeding against them, both when they are prosecuted and when they are tried. the law designates the appeal court having jurisdiction, which sits in banc, and specifies its composition. the judgments of the appeal court can be appealed to the united chambers of the supreme court, which does not pronounce on the merits of the case. only the public prosecutor to the appeal court that has jurisdiction may institute and lead criminal proceedings against a minister. authorisation by the house of representatives is required for any public prosecutor's request to refer the minister concerned to a particular court or to discharge him, for his direct summons before the appeal court and, except in a case of a flagrant offence, for his arrest. the law determines the procedure to be followed when articles 103 and 125 are both applicable. a pardon may be granted to a minister convicted in accordance with the first paragraph only upon request by the house of representatives. the law determines in which cases and in accordance with which rules injured parties may institute a civil action. transitional provision the present article is not applicable to acts which have been the subject of a preliminary judicial investigation or to proceedings instituted prior to the entry into force of the law implementing the article. in such a case, the following rule applies: the house of representatives has the right to indict ministers and to bring them before the supreme court. only the united chambers of this court have jurisdiction to try ministers in cases covered by the criminal laws and by application of the penalties prescribed by such laws. the law of 17 december 1996 concerning the temporary and partial implementation of article 103 of the constitution remains applicable in such cases. article 104 the king appoints and dismisses the federal secretaries of state. these are members of the federal government. they do not form part of the council of ministers. they are deputies to a minister. the king determines their duties and the limits within which they may receive the right to countersign. constitutional provisions that apply to ministers apply equally to federal secretaries of state, with the exception of articles 90, second paragraph, 93 and 99. section iii. on responsibilities article 105 the king has no powers other than those formally attributed to him by the constitution and by specific laws passed by virtue of the constitution itself. article 106 no act of the king can take effect without the countersignature of a minister, who, in doing so, assumes responsibility for it. article 107 the king bestows ranks within the army. he appoints civil servants to positions in the general and foreign affairs administrations of the state, but for those exceptions created by the laws. he makes appointments to other positions only by virtue of specific legal provisions. article 108 the king makes decrees and regulations required for the execution of laws, without ever having the power either to suspend the laws themselves or to grant dispensation from their execution. article 109 the king sanctions and promulgates laws. article 110 the king has the right to remit or to reduce sentences passed by judges, except with regard to what has been ruled on concerning ministers and members of the community and regional governments. article 111 the king may not pardon a minister or a member of a community or regional government convicted by the supreme court, except at the request of the house of representatives or of the parliament concerned. article 112 the king may mint money, in execution of the law. article 113 the king may confer titles of nobility, without ever having the power to attach privileges to them. article 114 the king grants military orders, with consideration of the rules laid down by the law. chapter iv. on communities and regions section i. on bodies sub-section i. on community and regional parliaments article 115 there is a parliament of the flemish community, called the flemish parliament, and a parliament of the french community, the composition and functioning of which are determined by a law adopted by a majority as described in article 4, last paragraph. there is a parliament of the german-speaking community, the composition and functioning of which are determined by the law. without prejudice to article 137, the regional bodies referred to in article 39 include a parliament for each region. article 116 the community and regional parliaments are composed of elected representatives. each community parliament is composed of members elected directly as members of the community parliament concerned or as members of a regional parliament. except when article 137 is applied, each regional parliament is composed of members elected directly as members of the regional parliament concerned or as members of a community parliament. article 117 members of the community and regional parliaments are elected for a period of five years. the community and regional parliaments are re-elected as a whole every five years. elections for the community and regional parliaments take place on the same day and coincide with elections for the european parliament. in execution of a law as described in article 118, ⧠2, fourth sub-paragraph, a federate law or a rule referred to in article 134, passed in accordance with article 118, ⧠2, fourth sub-paragraph, may derogate from the first and second paragraphs. article 118 elections referred to in article 116, ⧠2, as well as the composition and functioning of community and regional parliaments are regulated by the law. except for the parliament of the german-speaking community, such a law is adopted by a majority as described in article 4, last paragraph. a law adopted by a majority as described in article 4, last paragraph designates those matters relating to the election, composition and functioning of the brussels-capital region parliament, the flemish community parliament, the french community parliament and the walloon region parliament which these parliaments regulate, each for itself, either by federate law or by rule as referred to in article 134, according to the case. this federate law and this rule as referred to in article 134 are adopted by a two-thirds majority of the votes cast, provided that a majority of the members of the parliament concerned is present. the law as described in the first sub-paragraph determines additional majority requirements with respect to the parliament of the brussels-capital region. a law designates those matters relating to the election, composition and functioning of the parliament of the german-speaking community which this parliament regulates by federate law. this federate law is adopted by a two-thirds majority of the votes cast, provided that a majority of the members of the parliament is present. the law as described in the first or third sub-paragraph, according to the case, may entitle the community and regional parliaments to determine, each for itself, by federate law or rule referred to in article 134, according to the case, the duration of the term for which they are elected and the date of their election. this federate law and rule referred to in article 134 are adopted by majorities as described in the first to third sub-paragraphs. transitional provision after elections for the european parliament have been held in 2014, a law passed by a majority as described in article 4, last paragraph sets the date on which ⧠2, fourth sub-paragraph, comes into force. this date is that on which article 46, sixth paragraph and article 65, third paragraph come into force. article 118bis within the national borders, the members of the regional and community parliaments, referred to in articles 2 and 3, have the right to free travel on all means of transport operated or conceded by the public authorities. article 119 a member of a community or regional parliament cannot be at the same time a member of the house of representatives. moreover, neither can he be a senator as referred to in article 67, ⧠1, 6â° and 7â°. transitional provision this article comes into force on the day when elections take place with a view to the complete renewal of the community and regional parliaments in 2014. until this day, the following provisions apply: â��a member of a community or regional parliament cannot be at the same time a member of the house of representatives. moreover, neither can he be a senator as referred to in article 67, ⧠1, 1â°, 2â°, 6â° and 7â°.â��. article 120 all members of community and regional parliaments benefit from the immunities described in articles 58 and 59. sub-section ii. on community and regional governments article 121 there is a government of the flemish community and a government of the french community, the composition and functioning of which are determined by a law adopted by a majority as described in article 4, last paragraph. there is a government of the german-speaking community, the composition and functioning of which are determined by the law. without prejudice to article 137, the regional bodies referred to in article 39 include a government for each region. article 122 members of each community or regional government are elected by their parliament. article 123 the law establishes the composition and functioning of the community and regional governments. except with regard to the government of the german-speaking community, this law is adopted by a majority as described in article 4, last paragraph. a law adopted by a majority as described in article 4, last paragraph designates those matters relating to the composition and functioning of the brussels-capital region government, the flemish community government, the french community government and the walloon region government which their parliaments regulate, each one in so far as it is concerned, either by federate law or by rule as referred to in article 134, according to the case. this federate law and this rule referred to in article 134 are adopted by a two-thirds majority of the votes cast, provided that a majority of the members of the parliament concerned is present. the law as described in the first sub-paragraph determines additional majority requirements with respect to the parliament of the brussels capital region. a law designates those matters relating to the composition and functioning of the government of the german-speaking community which the parliament of this community regulates by federate law. this federate law is adopted by a two-thirds majority of the votes cast, provided that a majority of the members of the parliament is present. article 124 no member of a community or regional government can be prosecuted or be the subject of any investigation with regard to opinions expressed and votes cast by him in the exercise of his duties. article 125 members of a community or regional government are tried exclusively by the appeal court for offences they have allegedly committed in the exercise of their duties. the same rule applies in the case of offences allegedly committed by members of a community or regional government outside the exercise of their duties and for which they are tried during the exercise of their duties. as the case may be, articles 120 and 59 are not applicable. the law determines the manner of proceeding against them, both when they are prosecuted and when they are tried. the law designates the appeal court that has jurisdiction, which sits in banc, and specifies its composition. the judgments of the appeal court can be appealed to the united chambers of the supreme court, which does not pronounce on the merits of the case. only the public prosecutor to the appeal court having jurisdiction may institute and lead criminal proceedings against a member of a community or of a regional government. authorisation by the parliament of the community or region, each one for matters of its concern, is required for any public prosecutor's request to refer the member concerned to a particular court or to discharge him, for his direct summons before the appeal court and, except in a case of a flagrant offence, for his arrest. the law determines the procedure to be followed when articles 103 and 125 are both applicable and when there is a double application of article 125. a pardon may be granted to a member of a community or regional government convicted in accordance with the first paragraph only upon request by the community or regional parliament concerned. the law determines in which cases and in accordance with which rules injured parties may bring a civil action. the laws referred to in the present article must be adopted by a majority as described in article 4, last paragraph. transitional provision the present article is not applicable to acts which have been the subject of a preliminary judicial investigation or to proceedings instituted prior to the entry into force of the law implementing the article. in such a case, the following rule applies: the community or regional parliament concerned has the right to indict members of their government and to bring them before the supreme court. only the united chambers of this court have jurisdiction to try ministers in cases covered by the criminal laws and by application of the penalties prescribed by such laws. the special law of 28 february 1997 concerning the temporary and partial implementation of article 125 of the constitution remains applicable in such cases. article 126 constitutional provisions that apply to members of the regional and community governments, as well as the implementing laws referred to in article 125, last paragraph apply equally to regional secretaries of state. section ii. on responsibilities sub-section i. on the responsibilities of the communities article 127 the parliaments of the flemish and french communities, each one in so far as it is concerned, regulate by federate law: cultural matters; education, with the exception of: the setting of the beginning and of the end of compulsory education; minimum standards for the granting of diplomas; the pension scheme; cooperation between the communities, as well as international cooperation, including the concluding of treaties for those matters referred to in 1â° and 2â°. a law adopted by a majority as described in article 4, last paragraph designates the cultural matters referred to in 1â° and determines the forms of cooperation referred to in 3â°, as well as the specific arrangements for the concluding of treaties referred to in 3â°. these federate laws have the force of law in the dutch-speaking and french speaking regions respectively, as well as in those institutions established in the bilingual region of brussels-capital which, because of their activities, must be considered as belonging exclusively to one community or the other. article 128 the parliaments of the flemish and french communities regulate by federate law, each one in so far as it is concerned, person-related matters, as well as, in such matters, cooperation between the communities and international cooperation, including the concluding of treaties. a law adopted by a majority as described in article 4, last paragraph designates such person-related matters and determines the forms of cooperation, as well as the specific arrangements for the concluding of treaties. these federate laws have the force of law in the dutch-speaking and french speaking regions respectively, as well as unless a law adopted by a majority as described in article 4, last paragraph determines otherwise with regard to those institutions established in the bilingual region of brussels-capital which, because of their organisation, must be considered as belonging exclusively to one community or the other. article 129 the parliaments of the flemish and french communities, to the exclusion of the federal legislator, regulate by federate law, each one as far as it is concerned, the use of languages for: administrative matters; education in the establishments created, subsidised or recognised by the public authorities; social relations between employers and their personnel, as well as company acts and documents required by the law and by regulations. these federate laws have the force of law in the dutch-speaking and french-speaking regions respectively, except as concerns: the municipalities or groups of municipalities adjacent to another linguistic region and in which the law prescribes or permits the use of another language than that of the region in which they are located. for these municipalities, a change to the rules governing the use of languages in the matters as described in ⧠1 may be made only by a law adopted by a majority as described in article 4, last paragraph; services whose activities extend beyond the linguistic region within which they are located; federal and international institutions designated by the law whose activities are common to more than one community. article 130 the parliament of the german-speaking community regulates by federate law: cultural matters; person-related matters; education, within the limits established by article 127, ⧠1, first paragraph, 2â°; cooperation between the communities, as well as international cooperation, including the conclusion of treaties, for matters referred to in 1â°, 2â° and 3â°; the use of languages for education in establishments created, subsidised or recognised by the public authorities. the law designates the cultural and person-related matters referred to in 1â° and 2â° and determines the forms of cooperation referred to in 4â°, as well as the manner in which treaties are concluded. these federate laws have the force of law in the german-speaking region. article 131 the law determines the measures designed to prevent all forms of discrimination for ideological or philosophical reasons. article 132 the right to propose legislation belongs to the community government and to the members of the community parliament. article 133 only the federate law can give an authoritative interpretation of federate laws. sub-section ii. on the competences of the regions article 134 laws passed in order to execute article 39 determine the judicial force of the rules which the bodies that they create enact in matters which they determine. they can confer to these bodies the power to pass federate laws that have the force of law, within the jurisdiction and in the manner that they determine. sub-section iii. special provisions article 135 a law adopted by a majority as described in article 4, last paragraph designates the authorities which exercise for the bilingual region of brussels-capital the competences not assigned to the communities in the matters referred to in article 128, ⧠1. article 135bis a law passed by a majority as described in article 4, last paragraph can attribute to the region of brussels-capital, for the bilingual region of brussels-capital, powers that have not been assigned to the communities in the matters referred to in article 127, ⧠1, first sub-paragraph, 1â° and in the same sub-paragraph, 3â°, insofar as this 3â° concerns matters referred to in the aforesaid 1â°. article 136 there are linguistic groups within the parliament of the brussels-capital region, as well as executive colleges, responsible for community matters; their composition, functioning and competences and, without prejudice to article 175, their financing are regulated by a law adopted by a majority as described in article 4, last paragraph. the colleges together form the united college, which acts as a consultation and coordination body between the two communities. article 137 with a view to the application of article 39, the parliaments of the flemish and french communities, as well as their respective governments, may exercise the competences, respectively, of the flemish region and of the walloon region, under the conditions and according to the terms set by the law. this law must be adopted by a majority as described in article 4, last paragraph. article 138 the parliament of the french community, on one hand, and the parliament of the walloon region and the french linguistic group of the parliament of the brussels-capital region, on the other hand, may decide by common accord and each by federate law, that in the french-speaking region, the parliament and the government of the walloon region and, in the bilingual region of brussels-capital, the french linguistic group of the parliament of the brussels-capital region and its executive college exercise, in full or in part, competences of the french community. these federate laws are adopted by a two-thirds majority of the votes cast within the parliament of the french community and by absolute majority of the votes cast within the parliament of the walloon region and within the french linguistic group in the parliament of the brussels-capital region, provided that a majority of the parliament members or of the members of the linguistic group concerned is present. they can regulate the financing of the competences which they designate, as well as the transfer of personnel, assets, rights and obligations linked with these competences. these competences are exercised, according to the case, by means of federate laws, decisions or regulations. article 139 upon proposal by their respective governments, the parliament of the german speaking community and the parliament of the walloon region can, each by federate law, decide by common accord that the parliament and the government of the german-speaking community exercise, in whole or in part, competences of the walloon region. these competences are exercised, according to the case, by means of federate laws, decisions or regulations. article 140 the parliament and the government of the german-speaking community exercise by means of decisions and regulations all other competences attributed to them by the law. 'article 159' is applicable to these decisions and regulations. chapter v. on the constitutional court, and the prevention and resolution of conflicts section i. on the prevention of conflicts of competence article 141 the law organises a procedure to prevent conflicts between laws, federate laws and rules referred to in article 134, as well as between federate laws themselves and between the rules referred to in article 134 themselves. section ii. on the constitutional court article 142 there is for all belgium a constitutional court, the composition, competences and functioning of which are established by the law. this court rules by means of judgments on: those conflicts referred to in article 141; the violation of articles 10, 11 and 24 by a law, a federate law or a rule as referred to in article 134; the violation of constitutional articles that the law determines by a law, a federate law or by a rule as referred to in article 134. a matter may be referred to the court by any authority designated by the law, by any person that can prove an interest or, pre-judicially, by any court. the court pronounces by a ruling, under the conditions and according to the terms specified by the law, on every referendum described in article 39bis before it is organised. in the cases, under the conditions and according to the terms that it specifies, the law can give the court competence to pronounce by a judgment on appeals lodged against decisions made by legislative assemblies or bodies thereof regarding the control of electoral expenditure incurred in the elections for the house of representatives. the laws referred to in the first paragraph, in the second paragraph, 3â° and in the third to fifth paragraphs are adopted by a majority as described in article 4, last paragraph. section iii. on the prevention and the settlement of conflicts of interest article 143 in the exercise of their respective responsibilities, the federal state, the communities, the regions and the joint community commission act with respect for federal loyalty, in order to prevent conflicts of interest. the senate makes decisions, by means of reasoned opinions, on conflicts of interest which may arise between the assemblies which legislate through laws, federate laws or rules as referred to in article 134, under the conditions and in the manner determined by a law adopted by a majority as referred to in article 4, last paragraph. a law adopted by a majority as described in article 4, last paragraph organises a procedure designed to prevent and to settle conflicts of interest between the federal government, the community and regional governments and the united college of the joint community commission. the procedures described in â§â§ 2 and 3 do not apply to laws, decrees, regulations, acts and decisions of the federal state relating to the basis of taxation, tax rates and exemptions, and any other element playing a role in the computation of the personal income tax. transitional provision concerning the prevention and the settlement of conflicts of interest, the ordinary law of 9 august 1980 on institutional reforms remains valid; however, it can only be repealed, completed, corrected or replaced by those laws mentioned in â§â§ 2 and 3. chapter vi. on judicial power article 144 disputes about civil rights belong exclusively to the competence of the courts. however, the law can empower the council of state or federal administrative courts, in accordance with the terms it specifies, to rule on the effects that their decisions have with respect to civil law. article 145 disputes about political rights belong to the competence of the courts, except for the exceptions established by the law. article 146 a court and a body capable of rendering judgment can only be established by virtue of a law. no extraordinary courts or commissions may be created, no matter under which designation. article 147 there is a supreme court for all belgium. this court has no competence over the substance of the case. article 148 court hearings are public, unless such public access endangers morals or the peace; if such is the case, the court so declares in a judgment. in cases of political or press offences, proceedings can only be conducted in camera on the basis of a unanimous vote. article 149 each judgment is supported by reasons. it is pronounced publicly. article 150 a jury is sworn in for all criminal matters, as well as for political and press offences, with the exception of press offences motivated by racism or xenophobia. article 151 judges are independent in the exercise of their jurisdictional competences. the public prosecutor is independent in conducting individual investigations and prosecutions, without prejudice to the right of the competent minister to order prosecutions and to prescribe binding directives on criminal policy, including policy on investigations and prosecutions. moreover, community and regional governments have the right, each one insofar as it is concerned, to order prosecutions regarding matters falling under their responsibility through the minister referred to in the first paragraph. a law passed by a majority as described in article 4, last paragraph determines the manner in which they exercise this right. a law passed by a majority as described in article 4, last paragraph provides for the participation by the communities and the regions, in matters falling under their responsibility, in the elaboration of the directives described in the first sub-paragraph and in planning security policy, and also for the participation of their representatives in the meetings of the college of public prosecutors general, insofar as these meetings have reference to these same matters. there is one high council of justice for all belgium. in the exercise of its competences, the high council of justice respects the independence referred to in ⧠1. the high council of justice is composed of a dutch-speaking college and of a french-speaking college. each college comprises an equal number of members and is constituted with equal representation, on the one hand, of judges and officers of the public prosecutor's office elected directly by their peers under the conditions and in the manner determined by the law and, on the other hand, of other members appointed by the senate by a two-thirds majority of the votes cast, under conditions established by the law. within each college, there is a nomination and appointment committee, as well as an advisory and investigatory committee, which are constituted with equal representation in accordance with the provision laid down in the preceding paragraph. the law specifies the composition of the high council of justice, of its colleges and of their committees, as well as the conditions under which and the manner in which they exercise their competences. the high council of justice exercises its competences in the following areas: the nomination of candidates for appointment as judge, as referred to in ⧠4, first paragraph or for appointment as officer of the public prosecutor's office; the nomination of candidates for an appointment to the positions referred to in ⧠5, first paragraph and to the position of head of the public prosecutor's office; access to the position of judge or of officer of the public prosecutor's office; training of judges and of officers of the public prosecutor's office; drafting of general profiles for the positions referred to in 2â°; voicing of advice and of proposals concerning the general operation and organisation of the judiciary; general surveillance on and the promoting of the use of means of internal control; to the exclusion of all disciplinary and criminal competences: the receiving and the following-up of complaints relating to the operation of the judiciary; the conducting of an enquiry on the operation of the judiciary. under the conditions and in the manner determined by the law, the competences referred to in 1â° to 4â° are assigned to the relevant nomination and appointment committee, and the competences referred to in 5â° to 8â° are assigned to the relevant advisory and investigatory committee. the law determines the cases in which and the manner in which the nomination and appointment committees and the advisory and investigatory committees exercise their competences jointly. a law to be adopted by a majority as described in article 4, last paragraph determines the other competences of this council. the justices of the peace and the judges of the courts and of the supreme court are appointed by the king under the conditions and in the manner specified by the law. such appointment is made on reasoned nomination by the relevant nomination and appointment committee, by a majority of two thirds in accordance with the terms specified by the law and after evaluation of qualifications and aptitude. the nomination can be rejected only in the manner specified by the law and with justification. in the case of appointment of an appeal judge or of a judge of the supreme court, the general assembly of the court concerned issues a reasoned opinion in the manner specified by the law, prior to the nomination referred to in the preceding paragraph. the first president of the supreme court, the first presidents of the appeal courts and the presidents of the lower courts are appointed to those positions by the king under the conditions and in the manner specified by the law. such appointment is made on reasoned nomination by the relevant nomination and appointment committee, by a majority of two thirds in accordance with the terms specified by the law and after evaluation of qualifications and aptitude. the nomination may be rejected only in the manner specified by the law and with justification. in the case of appointment to the position of first president of the supreme court or of first president of an appeal court, the general assembly of the court concerned issues a reasoned opinion in the manner specified by the law, prior to the nomination referred to in the preceding paragraph. the president of the supreme court, the presidents of the sections of this court, the presidents of the divisions of the appeal courts and the vice-presidents of the lower courts are appointed to their positions by the courts from their midst under the conditions and in the manner specified by the law. notwithstanding the provisions of article 152, the law specifies the duration of the appointment to these positions. in the manner specified by the law, the judges, the incumbents of the positions referred to in ⧠5, fourth paragraph and the officers of the public prosecutor's office are subject to an evaluation. transitional provision the provisions of â§â§ 3 to 6 enter into force after the setting up of the high council of justice, referred to in ⧠2. on that date, it is assumed that the first president and the president of the supreme court, the presidents of the sections of this court, the first presidents of the appeal courts, the presidents of the divisions of these courts and the presidents and vice-presidents of the lower courts are appointed to these positions for the duration and under the conditions specified by the law and that they are appointed at the same time to the supreme court, to the appeal court or to the labour court and to the corresponding lower court, respectively. in the meantime, the following provisions remain applicable: the justices of the peace and the judges of the lower courts are appointed directly by the king. the judges of the appeal courts and the presidents and vice-presidents of the courts of first instance under their jurisdiction are appointed by the king from two lists each with two candidates, one submitted by these courts, the other by the provincial councils and the parliament of the brussels-capital region, depending upon the case. the judges of the supreme court are appointed by the king from two lists each with two candidates, one submitted by the supreme court, the other alternately by the house of representatives and by the senate. in these two cases, the candidates placed on one list may also appear on the other. all the nominations are made public at least fifteen days before the appointment. the courts choose from among themselves their presidents and vice-presidents. article 152 judges are appointed for life. they retire at an age determined by the law and receive the pension provided for by the law. no judge can be deprived of his post or suspended except by a court decision. the transfer of a judge can only take place by his appointment to a new position and with his consent. article 153 the king appoints and dismisses officials of the public prosecutor's offices attached to the courts. article 154 salaries of members of the judicature are determined by the law. article 155 a judge cannot accept a salaried position from a government, unless this position is exercised free of charge, and even then, such a position must not entail an incompatibility as determined by the law. article 156 there are five appeal courts in belgium: that of brussels, with jurisdiction over the provinces of flemish brabant, of walloon brabant and the bilingual region of brussels-capital; that of ghent, with jurisdiction over the provinces of west flanders and east flanders; that of antwerp, with jurisdiction over the provinces of antwerp and limburg; that of liege, with jurisdiction over the provinces of liege, namur and luxembourg; that of mons, with jurisdiction over the province of hainaut. article 157 there are military courts when a state of war referred to in article 167, ⧠1, second paragraph has been stated to exist. the organisation of the military courts, their powers, their members' rights and obligations as well as their members' terms of office are determined by the law. there are commercial courts in the places determined by the law. the law lays down rules for their organisation, their powers, the way their members are appointed as well as their members' terms of office. the law also lays down rules for the organisation of the labour courts, their powers, the way their members are appointed as well as their members' terms of office. there are courts for the enforcement of penalties in the places determined by the law. the law lays down rules for their organisation, their powers, the way their members are appointed as well as their members' terms of office. transitional provision the first paragraph becomes effective on the date of repeal of the law of 15 june 1899 containing titles i and ii of the military penal procedure code. until then, the following provision remains effective: specific laws regulate the organisation of the military courts, their powers, their members' rights and obligations as well as their members' terms of office. article 157bis any modification to essential features of the reform regarding the use of languages in judicial matters in the judicial district of brussels, as well as any modification to features relating to this issue and concerning the public prosecutor's office, the bench and the extent of jurisdiction, may only be made by a law passed by a majority as described in article 4, last paragraph. transitional provision the law determines the date on which this article comes into force. this date is that on which the law of 19 july 2012 reforming the judicial district of brussels comes into force. article 158 the supreme court makes decisions in conflicts of powers in the manner provided for by the law. article 159 courts only apply general, provincial or local decisions and regulations provided that they are in accordance with the law. chapter vii. on the council of state and administrative courts article 160 there is a council of state for all belgium, the composition, competences and functioning of which are determined by the law. however, the law can give the king the power to establish the procedure in accordance with the principles that it determines. the council of state makes decisions by means of judgments as an administrative court and provides an opinion in the cases determined by the law. the provisions relating to the general assembly of the council of state's administrative litigation section which come into force on the same day as this paragraph may only be amended by a law passed by a majority as described in article 4, last paragraph. transitional provision this article comes into force on 14 october 2012. article 161 an administrative court can only be established by virtue of a law. chapter viii. on provincial and municipal institutions article 162 provincial and municipal institutions are regulated by the law. the law guarantees the application of the following principles: the direct election of the members of provincial and municipal councils; the attribution to provincial and municipal councils of all that is of provincial and municipal interest, without prejudice to the approval of their acts in the cases and in the manner that the law determines; the decentralisation of competences to provincial and municipal institutions; the public nature of provincial and municipal council meetings, within the limits established by the law; the disclosure of accounts and budgets; the intervention of the supervisory authority or of the federal legislative power to prevent the law from being violated or public interests from being harmed. supra-municipal collectivities are governed by the rule referred to in article 134. this rule enshrines the application of the principles mentioned in the second paragraph. other principles considered essential can be set by the rule referred to in article 134, whether or not adopted by a majority of two thirds of the votes cast, under the condition that the majority of the members of the parliament concerned is present. articles 159 and 190 are applicable to decisions and regulations of supra-municipal collectivities. in accordance with a law adopted by a majority as described in article 4, last paragraph, the federate law or the rule referred to in article 134 establishes the conditions and the manner in which several provinces, supra-municipal collectivities or municipalities can cooperate or form associations. however, provincial councils, councils of supra-municipal collectivities or municipal councils cannot be permitted to deliberate jointly. article 163 the competences exercised in the flemish and walloon regions by elected provincial bodies are exercised, in the bilingual region of brussels-capital, by the flemish and french communities and by the joint community commission, each with respect to matters falling under their responsibility in pursuance of articles 127 and 128 and, with respect to other matters, by the brussels-capital region. however, a law adopted by a majority as described in article 4, last paragraph establishes the detailed rules by which the brussels-capital region or any institution whose members are designated by the latter exercise the competences described in the first paragraph which do not belong to those matters referred to in article 39. a law adopted by the same majority lays down rules for the attribution to those institutions described in article 136 of all or part of the competences referred to in the first paragraph that belong to those matters described in articles 127 and 128. article 164 the drafting of registry office certificates relating to civil status and the maintenance of registers fall exclusively under the responsibility of the municipal authorities. article 165 the law creates metropolitan districts and federations of municipalities. it determines their organisation and their competences and, when doing so, guarantees the application of the principles described in article 162. each metropolitan district has a council and an executive college. the president of the executive college is elected by the council from its midst; his election is ratified by the king; the law establishes his status. articles 159 and 190 apply to the decisions and regulations of the metropolitan districts and the federations of municipalities. the boundaries of the metropolitan districts and of the federations of municipalities can only be changed or corrected by virtue of a law. the law creates the body within which each metropolitan district and the nearest federations of municipalities consult each other under the conditions and in the manner which the law establishes to examine common problems of a technical nature that fall under their respective competence. several federations of municipalities may cooperate or form associations with each other or with one or more metropolitan districts in accordance with the conditions and in the manner prescribed by the law to jointly regulate and manage those issues that fall within their competence. their councils are not permitted to deliberate jointly. article 166 article 165 applies to the metropolitan district to which the capital of the kingdom belongs, with the exception of what is provided for hereinafter. the competences of the metropolitan district to which the capital of the kingdom belongs are, in the manner determined by a law adopted by a majority as described in article 4, last paragraph, exercised by the bodies of the brussels-capital region created by virtue of article 39. the bodies described in article 136: possess, each for its community, the same competences as the other organising powers with respect to cultural, educational and person-related matters; exercise, each for its community, the competences delegated to them by the flemish community parliament and by the french community parliament; jointly regulate those matters described in 1â° which are of common interest. title iv. on international relations article 167 the king directs international relations, notwithstanding the competence of communities and regions to regulate international cooperation, including the concluding of treaties, for those matters that fall within their competences in pursuance of or by virtue of the constitution. the king commands the armed forces; he states that there exists a state of war or that hostilities have ceased. he notifies the houses with additional appropriate messages as soon as interests and security of the state permit. cession, exchange or expansion of territory can only take place by virtue of a law. the king concludes treaties, with the exception of those regarding matters described in ⧠3. these treaties take effect only after they have received the approval of the house of representatives. the community and regional governments described in article 121 conclude, each one in so far as it is concerned, treaties regarding matters that fall within the competence of their parliament. these treaties take effect only after they have received the approval of the parliament. a law adopted by a majority as described in article 4, last paragraph fixes the specific rules for the concluding of treaties described in ⧠3 and of the treaties that do not exclusively concern matters falling within the competence of the regions or communities in pursuance of or by virtue of the constitution. the king, by common consent with the community or regional governments concerned, can denounce treaties concluded before 18 may 1993 and covering matters described in ⧠3. the king denounces these treaties if the community or regional governments concerned invite him to do so. a law adopted by a majority as described in article 4, last paragraph establishes the procedure in the event of disagreement between the community and regional governments concerned. transitional provision the second sentence of ⧠2 comes into force on the day when elections take place with a view to the complete renewal of the community and regional parliaments in 2014. until this day, treaties referred to in ⧠2 take effect only after they have received the approval of both houses. article 168 from the beginning, the houses are informed of negotiations concerning any revision of the treaties establishing the european community and the treaties and acts which have modified or complemented them. they receive the draft treaty before its signature. article 168bis with respect to the election of the european parliament, the law determines special rules with a view to protecting the legitimate interests of french and dutch-speaking people in the former province of brabant. the provisions which establish these special rules may only be amended by a law passed by a majority as described in article 4, last paragraph. article 169 in order to ensure the observance of international or supranational obligations, the authorities mentioned in articles 36 and 37 can, provided that the conditions stipulated by the law are met, temporarily replace the bodies mentioned in articles 115 and 121. this law must be adopted by a majority as described in article 4, last paragraph. title v. on finances article 170 taxes to the benefit of the state can only be introduced by a law. taxes to the benefit of a community or region can only be introduced by a federate law or a rule as described in article 134. the law determines, with respect to the taxes referred to in the first paragraph, the exceptions that are proved to be necessary. a charge or tax can only be introduced by a province or a supra-municipal collectivity by the decision of its council. the law determines, with respect to the taxes described in the first paragraph, the exceptions that are proved to be necessary. the law can abolish, either totally or partially, the taxes referred to in the first sub-paragraph. a charge or tax can only be introduced by the metropolitan districts, federations of municipalities or by the municipalities by a decision of their council. the law determines, with respect to the taxes referred to in the first paragraph, the exceptions that are proved to be necessary. article 171 taxes to the benefit of the state, a community or a region are subject to an annual vote. the rules which introduce them are valid only for one year if they are not renewed. article 172 no privileges with regard to taxes can be introduced. no exemption or reduction of taxes can be introduced except by a law. article 173 except to the benefit of the provinces, the bodies responsible for polders and for draining and flood protection, and except for the cases formally excepted by the laws, the federate laws and rules referred to in article 134, charges can only be claimed from citizens in the form of taxes to the benefit of the state, the community, the region, the metropolitan district, the federation of municipalities or the municipality. article 174 each year, the house of representatives passes the law that settles the final accounts and approves the budget. however, the house of representatives and the senate fix, each for itself, their operating allowances annually. all state receipts and expenditure must be included in the budget and in the accounts. article 175 a law adopted by a majority as described in article 4, last paragraph establishes the system for financing the flemish community and the french community. the flemish and french community parliaments decide by federate law, each one in so far as it is concerned, upon the use of their revenues. article 176 a law establishes the system for financing the german-speaking community. the parliament of the german-speaking community decides by federate law upon the use of its revenues. article 177 a law adopted by a majority as described in article 4, last paragraph establishes the system for financing the regions. regional parliaments determine, each one for matters of its concern, the use of their revenues, by means of the rules referred to in article 134. article 178 under the conditions and in the manner stipulated by a law adopted by a majority as described in article 4, last paragraph, the parliament of the brussels-capital region transfers, by the rule referred to in article 134, financial means to the joint community commission and to the flemish and french community commissions. article 179 no pension or gratuity payable by the public treasury can be attributed other than by virtue of a law. article 180 members of the court of audit are appointed by the house of representatives for a term established by the law. this court is responsible for examining and validating the general administration accounts and the accounts of all accounting officers answerable to the public treasury. it must see that no budgetary item is surpassed and that no transfers take place. the court also has general oversight of operations relating to the establishment and collection of entitlements owed to the state, including tax receipts. it clears the accounts of the various state administrations and is responsible for collecting all information and accounting documents needed for that purpose. general accounts of the state are submitted to the house of representatives with the court of audit's observations. this court is organised by the law. the law can entrust the court of audit with the control of the budgets and accountancy of the communities and regions, as well as of the public interest bodies which depend on them. it can also permit their control to be regulated by the federate law or the rule referred to in article 134. except as far as the german-speaking community is concerned, the said law is passed by the majority as described in article 4, last paragraph. the law, the federate law or the rule referred to in article 134 can entrust additional tasks to the court of audit. after the court has agreed to it, the federate law or the rule referred to in article 134 fixes the fee that is paid to the court for carrying out these tasks. no fee is due for carrying out a task that the court is already performing for a community or region before this paragraph comes into force. article 181 the salaries and pensions of ministers of religion are paid for by the state; the amounts required are charged annually to the budget. the salaries and pensions of representatives of organisations recognised by the law as providing moral assistance according to a non-denominational philosophical concept are paid for by the state; the amounts required are charged annually to the budget. title vi. on the armed forces and the police service article 182 army recruitment methods are determined by the law. the law also regulates the promotion, the rights and the duties of military personnel. article 183 military quotas are subject to an annual vote. the law that determines them is valid only for one year if it is not renewed. article 184 the organisation and competence of the integrated police service, structured at two levels, are regulated by the law. the essential features of the status of the members of the personnel of the integrated police service, structured at two levels, are regulated by the law. transitional provision however, the king can decide upon and implement the essential features of the status of the members of the personnel of the integrated police service, structured at two levels, provided that this decree, with regard to these features, is confirmed by the law before 30 april 2002. article 185 foreign troops may only be admitted to the service of the state, or occupy or cross the territory by virtue of a law. article 186 military personnel can only be deprived of rank, honours and pensions in the manner described by the law. title vii. general provisions article 187 the constitution cannot be wholly or partially suspended. article 188 from the day on which the constitution becomes enforceable, all laws, decrees, decisions, regulations and other acts that are contrary to it are abrogated. article 189 the text of the constitution is drafted in dutch, in french and in german. article 190 no law or decision, or regulation of general, provincial or municipal administration is binding until it has been published in the manner described by the law. article 191 all foreigners on belgian soil benefit from the protection provided to persons and property, except for those exceptions provided for by the law. article 192 an oath can only be made obligatory by virtue of a law. the law determines the wording. article 193 the belgian nation adopts red, yellow and black colours, and as arms of the kingdom the lion of belgium with the motto: union is strength. article 194 the city of brussels is the capital of belgium and the seat of the federal government. title viii. on the revision of the constitution article 195 the federal legislative power has the right to declare that there are reasons to revise such constitutional provision as it determines. following such a declaration, the two houses are automatically dissolved. two new houses are then convened, in accordance with article 46. these houses make decisions, in common accord with the king, on the points submitted for revision. in this case, the houses can only debate provided that at least two thirds of the members who make up each house are present; and no change is adopted unless it is supported by at least two thirds of the votes cast. transitional provision the houses, as they were constituted following their full renewal on 13 june 2010, may however, in common consent with the king, pronounce on the revision of the following provisions, articles and groups of articles, but only to the effect as indicated hereafter: articles 5, second paragraph, 11bis, 41, fifth paragraph, 159 and 190, in order to guarantee the full exercise of the regions' autonomy towards the provinces without prejudice neither to the present specific provisions of the law of 9 august 1988 modifying the law on municipalities, the electoral law for municipalities, the law organising public centres for social welfare, the law on provinces, the electoral code, the electoral law for provinces and the law organising simultaneous elections for the legislative houses and the provincial councils, nor to those relating to the office of governor, and in order to limit the meaning of the word "province" used in the constitution to its sole territorial meaning, to the exclusion of any institutional meaning; article 23, in order to guarantee the right to child allowances; title iii, in order to insert in it a provision aimed at prohibiting to modify election laws less than one year before the date when elections are to be held; articles 43, ⧠1, 44, second paragraph, 46, fifth paragraph, 69, 71, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83 and 168, in order to implement the reform of the bicameral system and entrust the residual legislative powers to the house of representatives; articles 46 and 117, in order to provide that the parliamentary elections at federal level will take place the same day as the election of the european parliament and that, in case the federal parliament is dissolved before its term expires, the new federal parliament's term may not extend beyond the day when the election of the european parliament following this dissolution is held, as well as in order to permit a law passed by a majority as described in article 4, last paragraph to entitle the regions and communities to determine, by special decree or special ordinance, the duration of the term for which their parliaments are elected and the date for the election of these parliaments, and to provide that a law, passed by a majority as described in article 4, last paragraph, fixes the date when the new rules laid down in this division with regard to elections will enter into force; article 63, ⧠4, in order to supplement it with a sub-paragraph providing that, for the election of the house of representatives, the law establishes special rules with a view to protecting the legitimate interests of french and dutch-speaking people in the former province of brabant, and also providing that the provisions which establish these special rules can only be amended by a law passed by a majority as described in article 4, last paragraph; title iii, chapter iv, section ii, sub-section iii, in order to insert in it an article permitting a law passed by a majority as described in article 4, last paragraph to attribute to the region of brussels-capital, for the bilingual region of brussels-capital, powers that have not been assigned to the communities in the matters referred to in article 127, ⧠1, first paragraph, 1â° and in the same paragraph, 3â°, insofar as this 3â° concerns matters referred to in the aforesaid 1â°; title iii, chapter iv, section ii, sub-section iii, in order to permit a law passed by a majority as described in article 4, last paragraph to simplify the procedures for cooperation between entities; article 143, in order to supplement it with a paragraph that precludes the procedure relating to conflicts of interest from being initiated with respect to a law or decision of the federal authority which modifies the basis of taxation, the tax rate, exemptions or any other element playing a role in the computation of the personal income tax; title iii, chapter vi, in order to insert in it a provision according to which any modification to essential features of the reform regarding the use of languages in judicial matters in the judicial district of brussels, as well as any modification to features relating to this issue and concerning the public prosecutor's office, the bench and the extent of jurisdiction, may only be made by a law passed by a majority as described in article 4, last paragraph; article 144, in order to provide that the council of state and, as the case may be, federal administrative courts may rule on the effects that their decisions have with respect to private law; article 151, ⧠1, in order to provide that the communities and the regions are entitled to order prosecutions regarding matters falling under their responsibility through the minister of justice, who immediately carries out the prosecutions, and in order to permit a law passed by a majority as described in article 4, last paragraph to provide for the participation by the communities and the regions, in matters falling under their responsibility, in decisions concerning the investigation and prosecution policy of public prosecutors, the binding guidelines with respect to criminal policy, the representation in the college of public prosecutors general, and in decisions concerning the guide note on full security and the national security scheme; article 160, in order to add a paragraph providing that any modification to the new powers granted to the general assembly of the council of state's administrative litigation section and any modification to the rules for deliberation in this assembly may only be made by a law passed by a majority as described in article 4, last paragraph; title iv, in order to insert in it an article providing that, with respect to the election of the european parliament, the law determines special rules with a view to protecting the legitimate interests of french and dutch-speaking people in the former province of brabant, and that the provisions which establish these special rules can only be amended by a law passed by a majority as described in article 4, last paragraph; article 180, in order to provide that assemblies which legislate through federate laws or rules referred to in article 134 may entrust tasks to the court of audit, for which a fee may be charged. the houses can only debate on the items mentioned in the first paragraph provided that at least two thirds of the members who make up each house are present and no change is adopted unless it is supported by at least two thirds of the votes cast. this transitional provision is not to be considered as a declaration in the sense of article 195, second paragraph. article 196 no constitutional revision can be started or pursued during times of war or when the houses are prevented from meeting freely on federal territory. article 197 during a regency, no changes can be made to the constitution regarding the constitutional powers of the king and articles 85 to 88, 91 to 95, 106 and 197 of the constitution. article 198 in agreement with the king, the constituent houses can change the numbering of articles and of subdivisions of the articles of the constitution, as well as the subdivisions of the latter into titles, chapters and sections, modify the terminology of provisions not submitted for revision in order to harmonise them with the terminology of new provisions and to ensure the concordance of the dutch, french and german texts of the constitution. in this case, the houses can debate only provided that at least two thirds of the members who make up each house are present; and no change will be adopted unless it is supported by at least two thirds of the votes cast. title ix. the entry into force and transitional provisions the provisions of article 85 will for the first time be applicable to the progeny of h.r.h. prince albert, felix, humbert, theodore, christian, eugene, marie, prince of liege, prince of belgium, it being understood that the marriage of h.r.h. princess astrid, josephine, charlotte, fabrizia, elisabeth, paola, marie, princess of belgium to lorenz, archduke of austria-este, is regarded as having obtained the consent described in article 85, second paragraph. until such time, the following provisions remain in effect. the constitutional powers of the king are hereditary through the direct, natural and legitimate descent from h.m. leopold, george, christian, frederick of saxe-coburg, from male to male, by order of primogeniture and with the permanent exclusion of women and of their descendants. the prince who marries without the king's consent or, in his absence, without the consent of those exercising the king's powers in cases provided for by the constitution shall be deprived of his right to the crown. nonetheless, this right may be restored by the king or, in his absence, by those exercising the powers of the king in cases provided for by the constitution, but only with the assent of both houses. [repealed] article 125 is valid for events taking place after 8 may 1993. [repealed] [repealed] vi [repealed] [repealed] the personnel and the assets of the province of brabant will be divided between the province of flemish brabant, the province of walloon brabant, the brussels-capital region, the authorities and the institutions described in articles 135 and 136, as well as the federal authority, in accordance with the terms determined by a law adopted by a majority as described in article 4, last paragraph. following the next renewal of the provincial councils and until they are divided, personnel and assets remaining in common will be jointly managed by the province of flemish brabant, the province of walloon brabant and by the authorities which are competent in the bilingual region of brussels-capital. [repealed] [repealed] preamble we, the people of bhutan: blessed by the triple gem, the protection of our guardian deities, the wisdom of our leaders, the everlasting fortunes of the pelden drukpa and the guidance of his majesty the druk gyalpo jigme khesar namgyel wangchuck; solemnly pledging ourselves to strengthen the sovereignty of bhutan, to secure the blessings of liberty, to ensure justice and tranquility and to enhance the unity, happiness and well-being of the people for all time; do hereby ordain and adopt this constitution for the kingdom of bhutan on the fifteenth day of the fifth month of the male earth rat year corresponding to the eighteenth day of july, two thousand and eight. article 1. kingdom of bhutan bhutan is a sovereign kingdom and the sovereign power belongs to the people of bhutan. the form of government shall be that of a democratic constitutional monarchy. the international territorial boundary of bhutan is inviolable and any alteration of areas and boundaries thereof shall be done only with the consent of not less than three-fourths of the total number of members of parliament. the territory of bhutan shall comprise twenty dzongkhags with each dzongkhag consisting of gewogs and thromdes. alteration of areas and boundaries of any dzongkhag or gewog shall be done only with the consent of not less than three-fourths of the total number of members of parliament. the national flag and the national emblem of bhutan shall be as specified in the first schedule of this constitution. the national anthem of bhutan shall be as specified in the second schedule of this constitution. the national day of bhutan shall be the seventeenth day of december of each year. dzongkha is the national language of bhutan. this constitution is the supreme law of the state. all laws in force in the territory of bhutan at the time of adopting this constitution shall continue until altered, repealed or amended by parliament. however, the provisions of any law, whether made before or after the coming into force of this constitution, which are inconsistent with this constitution, shall be null and void. the supreme court shall be the guardian of this constitution and the final authority on its interpretation. the rights over mineral resources, rivers, lakes and forests shall vest in the state and are the properties of the state, which shall be regulated by law. there shall be separation of the executive, the legislature and the judiciary and no encroachment of each other's powers is permissible except to the extent provided for by this constitution. article 2. the institution of monarchy his majesty the druk gyalpo is the head of state and the symbol of unity of the kingdom and of the people of bhutan. the chhoe-sid-nyi of bhutan shall be unified in the person of the druk gyalpo who, as a buddhist, shall be the upholder of the chhoe-sid. the title to the golden throne of bhutan shall vest in the legitimate descendants of druk gyalpo ugyen wangchuck as enshrined in the inviolable and historic gyenja of the thirteenth day, eleventh month of the earth monkey year, corresponding to the seventeenth day of december, nineteen hundred and seven and shall: pass only to children born of lawful marriage; pass by hereditary succession to the direct lineal descendants on the abdication or demise of the druk gyalpo, in order of seniority, with a prince taking precedence over a princess, subject to the requirement that, in the event of shortcomings in the elder prince, it shall be the sacred duty of the druk gyalpo to select and proclaim the most capable prince or princess as heir to the throne; pass to the child of the queen who is pregnant at the time of the demise of the druk gyalpo if no heir exists under section 3(b); pass to the nearest collateral line of the descendants of the druk gyalpo in accordance with the principle of lineal descent, with preference being given for elder over the younger, if the druk gyalpo has no direct lineal descendant; not pass to children incapable of exercising the royal prerogatives by reason of physical or mental infirmity; and not pass to a person entitled to succeed to the throne who enters into a marriage with a person other than a natural born citizen of bhutan. the successor to the throne shall receive dar from the machhen of zhabdrung ngawang namgyal at punakha dzong and shall be crowned on the golden throne. upon the ascension of the druk gyalpo to the throne, the members of the royal family, the members of parliament and the office holders mentioned in section 19 of this article shall take an oath of allegiance to the druk gyalpo. upon reaching the age of sixty-five years, the druk gyalpo shall step down and hand over the throne to the crown prince or crown princess, provided the royal heir has come of age. there shall, subject to the provision of section 9 of this article, be a council of regency when: the successor to the throne has not attained the age of twenty-one years; the druk gyalpo has temporarily relinquished, by proclamation, the exercise of the royal prerogatives; or it has been resolved by not less than three-fourths of the total number of members of parliament in a joint sitting that the druk gyalpo is unable to exercise the royal prerogatives by reason of temporary physical or mental infirmity. the council of regency shall collectively exercise the royal prerogatives and the powers vested in the druk gyalpo under this constitution and shall be composed of: a senior member of the royal family nominated by the privy council; the prime minister; the chief justice of bhutan; the speaker; the chairperson of the national council; and the leader of the opposition party. in the case specified under section 7(b) or 7(c) of this article, the descendant of the druk gyalpo, who is the heir presumptive, shall, instead of the council of regency, become regent by right, if the heir presumptive has attained the age of twenty-one years. the members of the council of regency shall take an oath of allegiance before parliament to faithfully discharge their duties. when the successor to the throne attains the age of twenty-one years or when the druk gyalpo resumes the exercise of the royal prerogatives under sections 7(a) and 7(b) of this article, notice shall be given by proclamation. however, when the druk gyalpo regains the ability to exercise the royal prerogatives under section 7(c) of this article, notice shall be given to that effect by resolution of parliament. the members of the royal family shall be the reigning and past monarchs, their queens and the royal children born of lawful marriage. the druk gyalpo and the members of the royal family shall be entitled to: annuities from the state in accordance with a law made by parliament; all rights and privileges including the provision of palaces and residences for official and personal use; and exemption from taxation on the royal annuity and properties provided for by sections 13(a) and 13(b) of this article. there shall be a privy council, which shall consist of two members appointed by the druk gyalpo, one member nominated by the lhengye zhungtshog and one member nominated by the national council. the privy council shall be responsible for: all matters pertaining to the privileges of the druk gyalpo and the royal family; all matters pertaining to the conduct of the royal family; rendering advice to the druk gyalpo on matters concerning the throne and the royal family; all matters pertaining to crown properties; and any other matter as may be commanded by the druk gyalpo. the druk gyalpo shall not be answerable in a court of law for his actions and his person shall be sacrosanct. the druk gyalpo, in exercise of his royal prerogatives, may: award titles, decorations, dar for lhengye and nyi-kyelma in accordance with tradition and custom; grant citizenship, land kidu and other kidus; grant amnesty, pardon and reduction of sentences; command bills and other measures to be introduced in parliament; and exercise powers relating to matters which are not provided for under this constitution or other laws. the druk gyalpo may promote goodwill and good relations with other countries by receiving state guests and undertaking state visits to other countries. the druk gyalpo shall protect and uphold this constitution in the best interest and for the welfare of the people of bhutan. the druk gyalpo shall, by warrant under his hand and seal, appoint: the chief justice of bhutan in accordance with section 4 of article 21; the drangpons of the supreme court in accordance with section 5 of article 21; the chief justice of the high court in accordance with section 11 of article 21; the drangpons of the high court in accordance with section 12 of article 21; the chief election commissioner and election commissioners in accordance with section 2 of article 24; the auditor general in accordance with section 2 of article 25; the chairperson and members of the royal civil service commission in accordance with section 2 of article 26; the chairperson and members of the anti-corruption commission in accordance with section 2 of article 27; the heads of the defence forces from a list of names recommended by the service promotion board; the attorney general in accordance with section 2 of article 29; the governor of the central bank of bhutan on the recommendation of the prime minister; the chairperson of the pay commission in accordance with section 1 of article 30; the cabinet secretary on the recommendation of the prime minister; the secretary general of the respective houses on the recommendation of the royal civil service commission; ambassadors and consuls on the recommendation of the prime minister; the secretaries to the government on the recommendation of the prime minister who shall obtain nominations from the royal civil service commission on the basis of merit and seniority and in accordance with other relevant rules and regulations; and dzongdags on the recommendation of the prime minister who shall obtain nominations from the royal civil service commission. the druk gyalpo shall abdicate the throne for willful violations of this constitution or for being subject to permanent mental disability, on a motion passed by a joint sitting of parliament in accordance with the procedure as laid down in sections 21, 22, 23, 24 and 25 of this article. the motion for abdication shall be tabled for discussion at a joint sitting of parliament if not less than two-thirds of the total number of the members of parliament submits such a motion based on any of the grounds in section 20 of this article. the druk gyalpo may respond to the motion in writing or by addressing the joint sitting of parliament in person or through a representative. the chief justice of bhutan shall preside over the joint sitting of parliament mentioned in section 21 of this article. if, at such joint sitting of parliament, not less than three-fourths of the total number of members of parliament passes the motion for abdication, then such a resolution shall be placed before the people in a national referendum to be approved or rejected. on such a resolution being approved by a simple majority of the total number of votes cast and counted from all the dzongkhags in the kingdom, the druk gyalpo shall abdicate in favour of the heir apparent. parliament shall make no laws or exercise its powers to amend the provisions of this article and section 2 of article 1 except through a national referendum. article 3. spiritual heritage buddhism is the spiritual heritage of bhutan, which promotes the principles and values of peace, non-violence, compassion and tolerance. the druk gyalpo is the protector of all religions in bhutan. it shall be the responsibility of religious institutions and personalities to promote the spiritual heritage of the country while also ensuring that religion remains separate from politics in bhutan. religious institutions and personalities shall remain above politics. the druk gyalpo shall, on the recommendation of the five lopons, appoint a learned and respected monk ordained in accordance with the druk-lu, with the nine qualities of a spiritual master and accomplished in ked-dzog, as the je khenpo. his holiness the je khenpo shall, on the recommendation of the dratshang lhentshog, appoint monks with the nine qualities of a spiritual master and accomplished in ked-dzog as the five lopons. the members of the dratshang lhentshog shall comprise: the je khenpo as chairman; the five lopons of the zhung dratshang; and the secretary of the dratshang lhentshog who is a civil servant. the zhung dratshang and rabdeys shall continue to receive adequate funds and other facilities from the state. article 4. culture the state shall endeavour to preserve, protect and promote the cultural heritage of the country, including monuments, places and objects of artistic or historic interest, dzongs, lhakhangs, goendeys, ten-sum, nyes, language, literature, music, visual arts and religion to enrich society and the cultural life of the citizens. the state shall recognize culture as an evolving dynamic force and shall endeavour to strengthen and facilitate the continued evolution of traditional values and institutions that are sustainable as a progressive society. the state shall conserve and encourage research on local arts, custom, knowledge and culture. parliament may enact such legislation as may be necessary to advance the cause of the cultural enrichment of bhutanese society. article 5. environment every bhutanese is a trustee of the kingdom's natural resources and environment for the benefit of the present and future generations and it is the fundamental duty of every citizen to contribute to the protection of the natural environment, conservation of the rich biodiversity of bhutan and prevention of all forms of ecological degradation including noise, visual and physical pollution through the adoption and support of environment friendly practices and policies. the royal government shall: protect, conserve and improve the pristine environment and safeguard the biodiversity of the country; prevent pollution and ecological degradation; secure ecologically balanced sustainable development while promoting justifiable economic and social development; and ensure a safe and healthy environment. the government shall ensure that, in order to conserve the country's natural resources and to prevent degradation of the ecosystem, a minimum of sixty percent of bhutan's total land shall be maintained under forest cover for all time. parliament may enact environmental legislation to ensure sustainable use of natural resources and maintain intergenerational equity and reaffirm the sovereign rights of the state over its own biological resources. parliament may, by law, declare any part of the country to be a national park, wildlife reserve, nature reserve, protected forest, biosphere reserve, critical watershed and such other categories meriting protection. article 6. citizenship a person, both of whose parents are citizens of bhutan, shall be a natural born citizen of bhutan. a person, domiciled in bhutan on or before the thirty-first of december nineteen hundred and fifty eight and whose name is registered in the official record of the government of bhutan shall be a citizen of bhutan by registration. a person who applies for citizenship by naturalization shall: have lawfully resided in bhutan for at least fifteen years; not have any record of imprisonment for criminal offences within the country or outside; be able to speak and write dzongkha; have a good knowledge of the culture, customs, traditions and history of bhutan; have no record of having spoken or acted against the tsawa-sum; renounce the citizenship, if any, of a foreign state on being conferred bhutanese citizenship; and take a solemn oath of allegiance to the constitution as may be prescribed. the grant of citizenship by naturalization shall take effect by a royal kasho of the druk gyalpo. if any citizen of bhutan acquires the citizenship of a foreign state, his or her citizenship of bhutan shall be terminated. subject to the provisions of this article and the citizenship acts, parliament shall, by law, regulate all other matters relating to citizenship. article 7. fundamental rights all persons shall have the right to life, liberty and security of person and shall not be deprived of such rights except in accordance with the due process of law. a bhutanese citizen shall have the right to freedom of speech, opinion and expression. a bhutanese citizen shall have the right to information. a bhutanese citizen shall have the right to freedom of thought, conscience and religion. no person shall be compelled to belong to another faith by means of coercion or inducement. there shall be freedom of the press, radio and television and other forms of dissemination of information, including electronic. a bhutanese citizen shall have the right to vote. a bhutanese citizen shall have the right to freedom of movement and residence within bhutan. a bhutanese citizen shall have the right to equal access and opportunity to join the public service. a bhutanese citizen shall have the right to own property, but shall not have the right to sell or transfer land or any immovable property to a person who is not a citizen of bhutan, except in keeping with laws enacted by parliament. a bhutanese citizen shall have the right to practice any lawful trade, profession or vocation. a bhutanese citizen shall have the right to equal pay for work of equal value. a bhutanese citizen shall have the right to freedom of peaceful assembly and freedom of association, other than membership of associations that are harmful to the peace and unity of the country, and shall have the right not to be compelled to belong to any association. every person in bhutan shall have the right to material interests resulting from any scientific, literary or artistic production of which he or she is the author or creator. a person shall not be deprived of property by acquisition or requisition, except for public purpose and on payment of fair compensation in accordance with the provisions of the law. all persons are equal before the law and are entitled to equal and effective protection of the law and shall not be discriminated against on the grounds of race, sex, language, religion, politics or other status. a person charged with a penal offence has the right to be presumed innocent until proven guilty in accordance with the law. a person shall not be subjected to torture or to cruel, inhuman or degrading treatment or punishment. a person shall not be subjected to capital punishment. a person shall not be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence nor to unlawful attacks on the person's honour and reputation. a person shall not be subjected to arbitrary arrest or detention. a person shall have the right to consult and be represented by a bhutanese jabmi of his or her choice. notwithstanding the rights conferred by this constitution, nothing in this article shall prevent the state from subjecting reasonable restriction by law, when it concerns: the interests of the sovereignty, security, unity and integrity of bhutan; the interests of peace, stability and well-being of the nation; the interests of friendly relations with foreign states; incitement to an offence on the grounds of race, sex, language, religion or region; the disclosure of information received in regard to the affairs of the state or in discharge of official duties; or the rights and freedom of others. all persons in bhutan shall have the right to initiate appropriate proceedings in the supreme court or high court for the enforcement of the rights conferred by this article, subject to section 22 of this article and procedures prescribed by law. article 8. fundamental duties a bhutanese citizen shall preserve, protect and defend the sovereignty, territorial integrity, security and unity of bhutan and render national service when called upon to do so by parliament. a bhutanese citizen shall have the duty to preserve, protect and respect the environment, culture and heritage of the nation. a bhutanese citizen shall foster tolerance, mutual respect and spirit of brotherhood amongst all the people of bhutan transcending religious, linguistic, regional or sectional diversities. a person shall respect the national flag and the national anthem. a person shall not tolerate or participate in acts of injury, torture or killing of another person, terrorism, abuse of women, children or any other person and shall take necessary steps to prevent such acts. a person shall have the responsibility to provide help, to the greatest possible extent, to victims of accidents and in times of natural calamity. a person shall have the responsibility to safeguard public property. a person shall have the responsibility to pay taxes in accordance with the law. every person shall have the duty to uphold justice and to act against corruption. every person shall have the duty to act in aid of the law. every person shall have the duty and responsibility to respect and abide by the provisions of this constitution. article 9. principles of state policy the state shall endeavour to apply the principles of state policy set out in this article to ensure a good quality of life for the people of bhutan in a progressive and prosperous country that is committed to peace and amity in the world. the state shall strive to promote those conditions that will enable the pursuit of gross national happiness. the state shall endeavour to create a civil society free of oppression, discrimination and violence, based on the rule of law, protection of human rights and dignity, and to ensure the fundamental rights and freedoms of the people. the state shall endeavour to protect the telephonic, electronic, postal or other communications of all persons in bhutan from unlawful interception or interruption. the state shall endeavour to provide justice through a fair, transparent and expeditious process. the state shall endeavour to provide legal aid to secure justice, which shall not be denied to any person by reason of economic or other disabilities. the state shall endeavour to develop and execute policies to minimize inequalities of income, concentration of wealth, and promote equitable distribution of public facilities among individuals and people living in different parts of the kingdom. the state shall endeavour to ensure that all the dzongkhags are treated with equity on the basis of different needs so that the allocation of national resources results in comparable socioeconomic development. the state shall endeavour to achieve economic self-reliance and promote open and progressive economy. the state shall encourage and foster private sector development through fair market competition and prevent commercial monopolies. the state shall endeavour to promote those circumstances that would enable the citizens to secure an adequate livelihood. the state shall endeavour to ensure the right to work, vocational guidance and training and just and favourable conditions of work. the state shall endeavour to ensure the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay. the state shall endeavour to ensure the right to fair and reasonable remuneration for one's work. the state shall endeavour to provide education for the purpose of improving and increasing knowledge, values and skills of the entire population with education being directed towards the full development of the human personality. the state shall provide free education to all children of school going age up to tenth standard and ensure that technical and professional education is made generally available and that higher education is equally accessible to all on the basis of merit. the state shall endeavour to take appropriate measures to eliminate all forms of discrimination and exploitation against women including trafficking, prostitution, abuse, violence, harassment and intimidation at work in both public and private spheres. the state shall endeavour to take appropriate measures to ensure that children are protected against all forms of discrimination and exploitation including trafficking, prostitution, abuse, violence, degrading treatment and economic exploitation. the state shall endeavour to promote those conditions that are conducive to co-operation in community life and the integrity of the extended family structure. the state shall strive to create conditions that will enable the true and sustainable development of a good and compassionate society rooted in buddhist ethos and universal human values. the state shall provide free access to basic public health services in both modern and traditional medicines. the state shall endeavour to provide security in the event of sickness and disability or lack of adequate means of livelihood for reasons beyond one's control. the state shall encourage free participation in the cultural life of the community, promote arts and sciences and foster technological innovation. the state shall endeavour to promote goodwill and co-operation with nations, foster respect for international law and treaty obligations, and encourage settlement of international disputes by peaceful means in order to promote international peace and security. article 10. parliament there shall be a parliament for bhutan in which all legislative powers under this constitution are vested and which shall consist of the druk gyalpo, the national council and the national assembly. parliament shall ensure that the government safeguards the interests of the nation and fulfils the aspirations of the people through public review of policies and issues, bills and other legislations, and scrutiny of state functions. the election of the members of parliament shall be in accordance with the provisions of the electoral laws of the kingdom. a person shall not be a member of the national council as well as the national assembly or a local government at the same time. the druk gyalpo shall summon the first sitting of parliament after each general election. at the commencement of each session of parliament, the druk gyalpo shall be received in a joint sitting of parliament with chibdrel ceremony. each session shall be opened with a zhugdrel phunsum tshog-pai ten-drel and each session shall conclude with the tashi-mon-lam. the druk gyalpo may address or sit in the proceedings of either house or a joint sitting of parliament as and when deemed expedient. the druk gyalpo may send messages to either or both the houses as deemed expedient. the house receiving the message shall, as early as possible, consider the matter referred to in the message and submit its opinion to the druk gyalpo. the prime minister shall present an annual report on the state of the nation, including legislative plans and the annual plans and priorities of the government, to the druk gyalpo and to a joint sitting of parliament. both houses shall determine their rules of procedure, and the proceedings of each house shall be conducted in accordance with its own rules. the rules of procedure in each house shall provide for the appointment of committees to carry out the business of parliament. the speaker and the chairperson shall convene an extraordinary sitting of parliament on the command of the druk gyalpo if the exigencies of the situation so demand. each member of parliament shall have one vote. in case of equal votes, the speaker or the chairperson shall cast the deciding vote. the presence of not less than two-thirds of the total number of members of each house respectively shall constitute a quorum for a sitting of the national council or the national assembly. the proceedings of parliament shall be conducted in public. however, the speaker or the chairperson may exclude the press and the public from all or any part of the proceedings if there is a compelling need to do so in the interests of public order, national security or any other situation, where publicity would seriously prejudice public interest. the speaker shall preside over the proceedings of a joint sitting and the venue for the joint sitting of the houses shall be the hall of the national assembly. when the office of a member of parliament becomes vacant for any reason other than the expiration of term, an election of a member to fill the vacancy shall be held within ninety days as from the date of the vacancy. the members of parliament shall take an oath or affirmation of office, as provided for in the third schedule of this constitution, before assuming their responsibilities. the prime minister, the ministers, the speaker, the deputy speaker, the chairperson and deputy chairperson of the national council shall take an oath or affirmation of secrecy, as provided for in the fourth schedule of this constitution, before assuming office. every member of parliament shall maintain the decorum and dignity of the house and shall desist from acts of defamation and use of physical force. the members of parliament or any committee thereof shall be immune from any inquiry, arrest, detention or prosecution on account of any opinion expressed in the course of the discharge of their functions or vote cast in parliament and no person shall be liable in respect of any report, paper or proceedings made or published under the authority of parliament. the immunities herein granted shall not cover corrupt acts committed by the members in connection with the discharge of their duties or cover other acts of accepting money or any other valuables in consideration to speak or to vote in a particular manner. the concurrence of not less than two-thirds of the total number of members of each house respectively is required to remove the right of immunity of a member. the national assembly and the national council shall continue for five years from the date of the first sitting of the respective houses. while the national council shall complete its five year term, premature dissolution of the national assembly may take place on the recommendation of the prime minister to the druk gyalpo or in the event of a motion of no confidence vote against the government being passed in the national assembly or in accordance with section 12 of article 15. except for existing international conventions, covenants, treaties, protocols and agreements entered into by bhutan, which shall continue in force subject to section 10 of article 1, all international conventions, covenants, treaties, protocols and agreements duly acceded to by the government hereafter, shall be deemed to be the law of the kingdom only upon ratification by parliament unless it is inconsistent with this constitution. article 11. the national council the national council shall consist of twenty-five members comprising: one member elected by the voters in each of the twenty dzongkhags; and five eminent persons nominated by the druk gyalpo. besides its legislative functions, the national council shall act as the house of review on matters affecting the security and sovereignty of the country and the interests of the nation and the people that need to be brought to the notice of the druk gyalpo, the prime minister and the national assembly. a candidate to or a member of the national council shall not belong to any political party. at the first sitting after any national council election, or when necessary to fill a vacancy, the national council shall elect a chairperson and deputy chairperson from among its members. the druk gyalpo shall, by warrant under his hand and seal, confer dakyen to the chairperson. the national council shall assemble at least twice a year. article 12. the national assembly the national assembly shall have a maximum of fifty-five members, elected from each dzongkhag in proportion to its population, provided that no dzongkhag shall have less than two members or more than seven members, for which purpose parliament shall, by law, provide for each dzongkhag to be divided into constituencies through appropriate delimitation, and for the voters in each constituency directly electing one member to the national assembly. the number of elected members from each dzongkhag shall be reapportioned to reflect the changing registered voter population after every ten years, subject to the limitation of a minimum of two and a maximum of seven members from each dzongkhag. at the first sitting after any general election, or when necessary to fill a vacancy, the national assembly shall elect a speaker and a deputy speaker from among its members. the druk gyalpo shall, by warrant under his hand and seal, confer dakyen to the speaker. the national assembly shall assemble at least twice a year. article 13. passing of bills a bill passed by parliament shall come into force upon assent of the druk gyalpo. money bills and financial bills shall originate only in the national assembly whereas any other legislative bill may originate in either house. a bill pending in either house shall not lapse by reason of the prorogation of either house. a bill shall be passed by a simple majority of the total number of members of the respective houses or by not less than two-thirds of the total number of members of both houses present and voting, in the case of a joint sitting. where a bill has been introduced and passed by one house, it shall present the bill to the other house within thirty days from the date of passing and that bill may be passed during the next session of parliament. in the case of budget and urgent bills, they shall be passed in the same session of parliament. where the other house also passes the bill, that house shall submit the bill to the druk gyalpo for assent within fifteen days from the date of passing of such bill. where the other house does not pass the bill, that house shall return it to the house in which the bill originated with amendments or objections for re-deliberation. if the bill is then passed, it shall be presented to the druk gyalpo for assent within fifteen days from the date of passing of such bill. where the house in which the bill originated refuses to incorporate such amendments or objections of the other house, it shall submit the bill to the druk gyalpo, who shall then command the houses to deliberate and vote on the bill in a joint sitting. where the other house neither passes nor returns the bill by the end of the next session, the bill shall be deemed to have been passed by that house and the house in which the bill originated shall present the bill within fifteen days to the druk gyalpo for assent. where the druk gyalpo does not grant assent to the bill, he shall return the bill with amendments or objections to deliberate and vote on the bill in a joint sitting. upon deliberation and passing of the bill in a joint sitting, it shall be resubmitted to the druk gyalpo for assent thereto, whereupon assent shall be granted to the bill. article 14. finance, trade and commerce taxes, fees and other forms of levies shall not be imposed or altered except by law. there shall be a consolidated fund into which shall be deposited all public monies not allocated to specific purposes by law and from which expenditure of the state shall be met. public money shall not be drawn from the consolidated fund except through appropriation in accordance with the law. the government, in the public interest, may raise loans, make grants or guarantee loans in accordance with the law. the government shall exercise proper management of the monetary system and public finance. it shall ensure that the servicing of public debt will not place an undue burden on future generations. the government shall ensure that the cost of recurrent expenditures is met from internal resources of the country. a minimum foreign currency reserve that is adequate to meet the cost of not less than one year's essential import must be maintained. the annual budget, with a report on the budget of the previous fiscal year, shall be presented to the national assembly by the finance minister. where the budget has not been approved by the national assembly before the beginning of the fiscal year, the preceding budget on current expenses shall be applied until the new one is sanctioned. revenues shall be collected and disbursements made in accordance with the law in force at the end of the preceding year. however, if one or more parts of the new budget have been approved, they shall be put into effect. any expenditure not included in the budget, or in excess of the budget appropriation, as well as the transfer of any fund from one part of the budget to another, shall be made in accordance with the law. funds for more than one fiscal year may be appropriated in accordance with the law if the nature of the expenditure so requires. in such a case, each annual successive budget shall include the funds allocated for that year. parliament shall establish a relief fund and the druk gyalpo shall have the prerogative to use this fund for urgent and unforeseen humanitarian relief. the state shall make adequate financial provisions for the independent administration of constitutional bodies. unless otherwise provided for under the provisions of this constitution or any other laws, there shall be free movement of goods and services among all the dzongkhags. trade and commerce with foreign nations shall be regulated by law. parliament shall not enact laws that allow monopoly except to safeguard national security. article 15. political parties political parties shall ensure that national interests prevail over all other interests and, for this purpose, shall provide choices based on the values and aspirations of the people for responsible and good governance. political parties shall promote national unity and progressive economic development and strive to ensure the well-being of the nation. candidates and political parties shall not resort to regionalism, ethnicity and religion to incite voters for electoral gain. a political party shall be registered by the election commission on its satisfying the qualifications and requirements set out hereinafter, that: its members shall be bhutanese citizens and not otherwise disqualified under this constitution; its membership is not based on region, sex, language, religion or social origin; it is broad-based with cross-national membership and support and is committed to national cohesion and stability; it does not accept money or any assistance other than those contributions made by its registered members, and the amount or value shall be fixed by the election commission; it does not receive money or any assistance from foreign sources, be it governmental, nongovernmental, private organizations or from private parties or individuals; its members shall bear true faith and allegiance to this constitution and uphold the sovereignty, territorial integrity, security and unity of the kingdom; it is established for the advancement of democracy and for the social, economic and political growth of bhutan; and it has not been dissolved earlier under the provisions of section 11 of this article. election to the national assembly shall be by two political parties established through a primary round of election in which all registered political parties may participate. a primary round of election shall be held to select the two political parties for the general election on the expiry of the term of the national assembly or in the event of dissolution under section 12 of this article. the two political parties obtaining the first and the second highest number of votes in the primary election shall be declared as the two political parties for the purpose of section 5 of this article to contest in the general election. the party which wins the majority of seats in the national assembly in the general election shall be declared as the ruling party and the other as the opposition party. however, in the case of casual vacancy, if the opposition party gains majority of seats in the national assembly after the bye-election, such party shall be declared as the ruling party. no election shall be held where the remainder of the term of the national assembly is less than one hundred and eighty days. the members of the national assembly belonging to one party shall not defect to the other party either individually or en bloc. a political party shall be dissolved only by declaration of the supreme court: if the objectives or activities of the party are in contravention of the provisions of this constitution; if it has received money or assistance from foreign sources; on such other grounds as may be prescribed by parliament or under a law in force; or on violation of the electoral laws. where the ruling party in the national assembly stands dissolved under section 11 of this article or the government is dismissed under section 24 of article 10 or under section 7 of article 17, the national assembly shall also stand dissolved and, accordingly, sections 1 to 8 of this article shall apply. during the election of the opposition party under section 14 of this article, the national assembly shall be suspended animation and the ruling party and their candidates shall not contest in the elections. where the original opposition party stands dissolved under this constitution, an opposition party shall be elected: within sixty days from the date of the dissolution of the original opposition party; from the parties registered with the election commission in accordance with section 4 of this article; and through an election held under the electoral laws to fill the seats of those constituencies which stood vacant on the dissolution of the original opposition party. upon such election of the opposition party and the seats having been filled up, the national assembly shall resume thereafter in accordance with the provisions of this constitution. parliament shall, by law, regulate the formation, functions, ethical standards, and intra-party organization of political parties and shall ensure the transparency of party funds through regular auditing of their accounts. article 16. public campaign financing parliament shall, by law, establish a public election fund into which shall be paid every year such amounts as the election commission may consider appropriate to fund registered political parties and their candidates during elections to the national assembly and candidates to the national council. the payment out of the public election fund shall be made by the election commission in a non-discriminatory manner to registered political parties and candidates in accordance with laws made by parliament. the election commission shall fix a ceiling for the total expenditure that may be incurred by political parties and their candidates taking part in elections to the national assembly. the election commission shall fix a ceiling for contribution offered voluntarily by any of its registered members to a political party subject to the provisions of the election fund act. the funding received by political parties and their candidates shall be subjected to scrutiny and auditing as called for by the election commission in accordance with laws made by parliament or law in force. article 17. formation of government the druk gyalpo shall confer dakyen to the leader or nominee of the party, which wins the majority of seats in the national assembly, as the prime minister. no person shall hold office as prime minister for more than two terms. the druk gyalpo shall appoint ministers from among the members of the national assembly, on the recommendation of the prime minister, or shall remove a minister on the advice of the prime minister. a candidate for the post of prime minister or minister shall be an elected member of the national assembly and a natural born citizen of bhutan. not more than two members elected from the electoral constituencies of the same dzongkhag shall be entitled to be appointed as ministers. a motion of no confidence against the government may be moved by not less than one-third of the total number of members of the national assembly. a vote of no confidence against the government, if passed by not less than two-thirds of the total number of members of the national assembly, shall require the government to be dismissed by the druk gyalpo. article 18. the opposition party the opposition party shall play a constructive role to ensure that the government and the ruling party function in accordance with the provisions of this constitution, provide good governance and strive to promote the national interest and fulfil the aspirations of the people. the opposition party shall promote national integrity, unity and harmony, and co-operation among all sections of society. the opposition party shall endeavour to promote and engage in constructive and responsible debate in parliament while providing healthy and dignified opposition to the government. the opposition party shall not allow party interests to prevail over the national interest. its aim must be to make the government responsible, accountable and transparent. the opposition party shall have the right to oppose the elected government, to articulate alternative policy positions and to question the government's conduct of public business. the opposition party shall aid and support the government in times of external threat, natural calamities and such other national crises when the security and national interest of the country is at stake. article 19. interim government whenever the national assembly is dissolved, the druk gyalpo shall appoint an interim government to function for a period, which shall not exceed ninety days, to enable the election commission to hold free and fair elections. the interim government shall consist of a chief advisor and other advisors appointed by the druk gyalpo within fifteen days after the dissolution of the national assembly. the chief justice of bhutan shall be appointed as the chief advisor. upon the appointment of the interim government, the prime minister and the ministers who were in office immediately before the national assembly was dissolved shall resign from office. the interim government shall carry out the routine functions of the government but shall not be entitled to take any policy decisions or enter into any agreement with foreign governments or organizations. the government shall be formed within ninety days from the date of dissolution of the national assembly. the interim government shall cease to exist from the date on which the new prime minister enters office when the new national assembly is constituted. article 20. the executive the government shall protect and strengthen the sovereignty of the kingdom, provide good governance, and ensure peace, security, well-being and happiness of the people. the executive power shall be vested in the lhengye zhungtshog which shall consist of the ministers headed by the prime minister. the number of ministers shall be determined by the number of ministries required to provide efficient and good governance. creation of an additional ministry or reduction of any ministry shall be approved by parliament. ministries shall not be created for the purpose only of appointing ministers. subject to sections 16 and 19 of article 2, the lhengye zhungtshog shall aid and advise the druk gyalpo in the exercise of his functions including international affairs, provided that the druk gyalpo may require the lhengye zhungtshog to reconsider such advice, either generally or otherwise. the prime minister shall keep the druk gyalpo informed from time to time about the affairs of the state, including international affairs, and shall submit such information and files as called for by the druk gyalpo. the lhengye zhungtshog shall: assess the state of affairs arising from developments in the state and society and from events at home and abroad; define the goals of state action and determine the resources required to achieve them; plan and co-ordinate government policies and ensure their implementation; and represent the kingdom at home and abroad. the lhengye zhungtshog shall promote an efficient civil administration based on the democratic values and principles enshrined in this constitution. the lhengye zhungtshog shall be collectively responsible to the druk gyalpo and to parliament. the executive shall not issue any executive order, circular, rule or notification which is inconsistent with or shall have the effect of modifying, varying or superseding any provision of a law made by parliament or a law in force. article 21. the judiciary the judiciary shall safeguard, uphold, and administer justice fairly and independently without fear, favour, or undue delay in accordance with the rule of law to inspire trust and confidence and to enhance access to justice. the judicial authority of bhutan shall be vested in the royal courts of justice comprising the supreme court, the high court, the dzongkhag court, the dungkhag court and such other courts and tribunals as may be established from time to time by the druk gyalpo on the recommendation of the national judicial commission. the supreme court shall be a court of record. the chief justice of bhutan shall be appointed from among the drangpons of the supreme court or from among eminent jurists by the druk gyalpo, by warrant under his hand and seal in consultation with the national judicial commission. the drangpons of the supreme court shall be appointed from among the drangpons of the high court or from among eminent jurists by the druk gyalpo, by warrant under his hand and seal in consultation with the national judicial commission. the term of office of: the chief justice of bhutan shall be five years or until attaining the age of sixty-five years, whichever is earlier; and the drangpons of the supreme court shall be ten years or until attaining the age of sixty-five years, whichever is earlier. the supreme court of bhutan, which shall comprise the chief justice and four drangpons, shall be the highest appellate authority to entertain appeals against the judgments, orders, or decisions of the high court in all matters and shall have the power to review its judgments and orders. where a question of law or fact is of such a nature and of such public importance that it is expedient to obtain the opinion of the supreme court, the druk gyalpo may refer the question to the supreme court for its consideration, which shall hear the reference and submit its opinion to him. the supreme court may, on its own motion or on an application made by the attorney general or by a party to a case, withdraw any case pending before the high court involving a substantial question of law of general importance relating to the interpretation of this constitution and dispose off [sic] the case itself. the supreme court and the high court may issue such declarations, orders, directions or writs as may be appropriate in the circumstances of each case. the chief justice of the high court shall be appointed from among the drangpons of the high court or from among eminent jurists by the druk gyalpo, by warrant under his hand and seal, on the recommendation of the national judicial commission. the drangpons of the high court shall be appointed from among the drangpons of the dzongkhag courts or from among eminent jurists by the druk gyalpo, by warrant under his hand and seal, on the recommendation of the national judicial commission. the term of office of the chief justice and the drangpons of the high court shall be ten years or until attaining the age of sixty years, whichever is earlier. the high court of bhutan, which shall comprise of a chief justice and eight drangpons, shall be the court of appeal from the dzongkhag courts and tribunals in all matters and shall exercise original jurisdiction in matters not within the jurisdiction of the dzongkhag courts and tribunals. the independence of the drangpons of the supreme court and the high court shall be guaranteed, provided that a drangpon may be censured or suspended by a command of the druk gyalpo on the recommendation of the national judicial commission for proven misbehaviour, which, in the opinion of the commission, does not deserve impeachment. parliament may, by law, establish impartial and independent administrative tribunals as well as alternative dispute resolution centres. the druk gyalpo shall appoint members of the national judicial commission by warrant under his hand and seal. the national judicial commission shall comprise: the chief justice of bhutan as chairperson; the senior most drangpon of the supreme court; the chairperson of the legislative committee of the national assembly; and the attorney general. every person has the right to approach the courts in matters arising out of the constitution or other laws subject to section 23 of article 7. article 22. local governments power and authority shall be decentralized and devolved to elected local governments to facilitate the direct participation of the people in the development and management of their own social, economic and environmental well-being. bhutan shall have local governments in each of the twenty dzongkhags comprising the dzongkhag tshogdu, gewog tshogde and thromde tshogde. local governments shall ensure that local interests are taken into account in the national sphere of governance by providing a forum for public consideration on issues affecting the local territory. the objectives of local government shall be to: provide democratic and accountable government for local communities; ensure the provision of services to communities in a sustainable manner; encourage the involvement of communities and community organizations in matters of local governance; and discharge any other responsibilities as may be prescribed by law made by parliament. a local government shall strive, within its financial and administrative capacity, to achieve the objectives set out under this article. the dzongkhag tshogdu shall comprise: the gup and mangmi as the two elected representatives from each gewog; one elected representative from that dzongkhag thromde; and one elected representative from dzongkhag yenlag thromdes. a gewog shall be divided into chiwogs for the election of the tshogpas to the gewog tshogde. the gup and mangmi, who are elected by the people of the gewog shall be the members of the gewog tshogde. the gup shall be the chairperson of the gewog tshogde. a thromde tshogde shall be headed by a thrompon, who is directly elected by the voters of the dzongkhag thromde. the powers and functions of the thrompon shall be defined by law made by parliament. a dzongkhag thromde shall be divided into constituencies for the election of the members of the thromde tshogde. a gewog tshogde or a thromde tshogde shall not have more than ten and fewer than seven elected members. the dzongkhag tshogdu shall elect a chairperson from among its members. the dzongkhag tshogdu shall meet at least twice a year while the gewog tshogde and the thromde tshogde shall assemble at least three times a year. the presence of not less than two-thirds of the total number of members shall be required to constitute a quorum for a sitting of a local government. when the office of a member of the local government becomes vacant for any reason other than the expiration of term, an election of a member to fill the vacancy shall be held within thirty days as from the date of the vacancy. the members of local governments shall take an oath or affirmation of office, as provided for in the third schedule of this constitution, before assuming their responsibilities. the election of the members of local governments shall be conducted in accordance with the provisions of the electoral laws. a candidate to or a member of the local governments shall not belong to any political party. local governments shall be: supported by the government in the development of administrative, technical and managerial capacities and structures which are responsive, transparent, and accountable; entitled to levy, collect, and appropriate taxes, duties, tolls, and fees in accordance with such procedure and subject to limitations as may be provided for by parliament by law; entitled to adequate financial resources from the government in the form of annual grants; allocated a proportion of national revenue to ensure self-reliant and self-sustaining units of local self-government; supported by the government to promote holistic and integrated area-based development planning; and entitled to own assets and incur liabilities by borrowing on their own account subject to such limitations as may be provided for by parliament by law. local governments shall be supported by administrative machinery staffed by civil servants. a dzongkhag shall have a dzongdag as the chief executive supported by civil servants. the dzongdag shall have no political affiliation and shall discharge his or her responsibilities as the chief executive in the interests of the people and the country. the dzongkhag tshogdu, the gewog tshogde and the thromde tshogde, unless sooner dissolved, shall continue for five years from the date of the first sitting of the respective bodies. the powers and functions of the dzongdag and the local governments shall be in accordance with the laws made by parliament. article 23. elections under this constitution, the general will of the people shall be the basis of government and it shall be expressed through periodic elections. a person shall have the right to vote by direct adult suffrage through secret ballot at an election if the person is: a bhutanese citizen as evidenced by a citizenship card; not less than eighteen years of age; registered in the civil registry of that constituency for not less than one year, prior to the date of the election; and not otherwise disqualified from voting under any law in force in bhutan. a candidate for an elective office under this constitution shall: be a bhutanese citizen; be registered voter of that constituency; be a minimum of twenty-five years and maximum of sixty-five years of age at the time of filing the nomination; not receive money or any assistance from foreign sources, be it governmental, nongovernmental, private organizations or from private parties or individuals; and fulfil the necessary educational and other qualifications prescribed in the electoral laws. a person shall be disqualified as a candidate or a member holding an elective office under this constitution, if the person: is married to a person who is not a citizen of bhutan; is terminated from public service; is convicted for any criminal offence and sentenced to imprisonment; is in arrears of taxes or other dues to the government; has failed to lodge accounts of election expenses within the time and in the manner required by law without good reason or justification; holds any office of profit under the government, public companies or corporations as prescribed in the electoral laws; or is disqualified under any law made by parliament. any disqualification under section 4 of this article shall be adjudicated by the high court on an election petition filed pursuant to a law made by parliament under section 7 of this article. in order to provide for informed choice by the voter, a candidate for an elective office shall file, along with his or her nomination, an affidavit, declaring: the income and assets of the candidate, spouse and dependent children; his or her bio-data and educational qualifications; records of criminal convictions, if any; and whether the candidate is accused in a pending case for an offence punishable with imprisonment for more than one year and in which charges are framed or cognizance is taken by a court of law prior to the date of filing of such a nomination. parliament shall, by law, make provisions for all matters relating to, or in connection with, elections including the filing of election petitions challenging elections to parliament and local governments, and the code of conduct for the political parties and the conduct of the election campaign as well as all other matters necessary for the due constitution of the houses of parliament and the local governments. article 24. election commission there shall be an election commission which shall be responsible for the preparation, maintenance, and periodical updating of electoral rolls, the election schedule, and the supervision, direction, control, and conduct of elections to parliament and local governments, as well as holding of national referendums, in a free and fair manner. the election commission shall be independent and shall consist of a chief election commissioner and two election commissioners, appointed by the druk gyalpo from a list of names recommended jointly by the prime minister, the chief justice of bhutan, the speaker, the chairperson of the national council and the leader of the opposition party. the term of office of the chief election commissioner and election commissioners shall be five years or until they attain the age of sixty-five years, whichever is earlier. the election commission shall be responsible for the delimitation of constituencies for election of the members of parliament and local governments. parliament shall, by law, ensure that the election commission holds elections so that the national assembly and local governments are re-constituted within ninety days after its dissolution. provided that in the case of the national council, elections shall be held so that it is reconstituted on the date of expiry of the term. in the case of the dzongkhag tshogdu, the gewog tshogde and the thromde tshogde being dissolved prematurely, it shall be re-constituted within ninety days after its dissolution. the election commission shall function in accordance with the electoral laws. article 25. the royal audit authority there shall be a royal audit authority to audit and report on the economy, efficiency, and effectiveness in the use of public resources. the royal audit authority shall be an independent authority headed by the auditor general who shall be appointed by the druk gyalpo from a list of eminent persons recommended jointly by the prime minister, the chief justice of bhutan, the speaker, the chairperson of the national council and the leader of the opposition party. the term of office of the auditor general shall be five years or until attaining the age of sixty five years, whichever is earlier. the royal audit authority shall, without fear, favour, or prejudice, audit the accounts of all departments and offices of the government including all offices in the legislature and the judiciary, all public authorities and bodies administering public funds, the police and the defence forces as well as the revenues, public and other monies received and the advances and reserves of bhutan. the auditor general shall submit an annual audit report to the druk gyalpo, the prime minister and parliament. parliament shall appoint a five member public accounts committee, comprising members of parliament who are reputed for their integrity, to review and report on the annual audit report to parliament for its consideration or on any other report presented by the auditor general. the royal audit authority shall function in accordance with the audit act. article 26. the royal civil service commission there shall be a royal civil service commission, which shall promote and ensure an independent and apolitical civil service that will discharge its public duties in an efficient, transparent and accountable manner. the commission shall consist of a chairperson and four other members appointed by the druk gyalpo from among eminent persons having such qualifications and experience as would enhance the performance of the commission, from a list of names recommended jointly by the prime minister, the chief justice of bhutan, the speaker, the chairperson of the national council and the leader of the opposition party. the term of office of the chairperson and members of the commission shall be five years or until they attain the age of sixty-five years, whichever is earlier. the commission shall endeavour to ensure that civil servants render professional service, guided by the highest standards of ethics and integrity to promote good governance and social justice, in implementing the policies and programmes of the government. the commission shall, in the interest of promoting merit, productivity and equity, ensure that uniform rules and regulations on recruitment, appointment, staffing, training, transfers and promotion prevail throughout the civil service. the commission shall ensure that all civil servants shall have recourse to justice through the administrative tribunal established under section 16 of article 21 to hear their appeals against administrative decisions including those of the commission. every civil servant who has been adversely affected by an administrative action shall have the right of access to the commission. the commission shall meet regularly and shall be supported by a permanent secretariat, which shall function as the central personnel agency of the government. the commission shall submit an annual report on its policies and performances to the druk gyalpo and to the prime minister. the royal civil service commission shall function in accordance with the civil service act. article 27. the anti-corruption commission there shall be an anti-corruption commission, headed by a chairperson and comprising two members, which shall be an independent authority and shall take necessary steps to prevent and combat corruption in the kingdom. the chairperson and members of the commission shall be appointed by the druk gyalpo from a list of names recommended jointly by the prime minister, the chief justice of bhutan, the speaker, the chairperson of the national council and the leader of the opposition party. the term of office of the chairperson and members of the commission shall be five years or until attaining the age of sixty-five years, whichever is earlier. the commission shall submit an annual report on its policies and performances to the druk gyalpo, the prime minister and parliament. prosecution of individuals, parties or organizations on the basis of the findings of the commission shall be undertaken expeditiously by the office of the attorney general for adjudication by the courts. the anti-corruption commission shall function in accordance with the anti-corruption act. article 28. defence the druk gyalpo shall be the supreme commander in chief of the armed forces and the militia. the royal body guards shall be responsible for the security of the druk gyalpo while the royal bhutan army shall serve as a professional standing army and both forces shall form the core of bhutan's defence against security threats. the royal bhutan police shall, as a trained uniform force under the ministry of home affairs, be primarily responsible for maintaining law and order and prevention of crime, and shall also be considered an important part of the nation's security force. parliament may, by law, require compulsory militia service for adult citizens to strengthen the defence of the country. the state shall be responsible for the maintenance of the armed forces to safeguard the security of the country and the well-being of the nation. bhutan shall not use military force against a foreign state except in self-defence or for the purpose of maintaining its security, territorial integrity and sovereignty. article 29. the attorney general there shall be an office of the attorney general, which shall be autonomous, to carry out the responsibilities within the domain and authority of the government and such other legal matters as may be entrusted to the office. the druk gyalpo shall, by warrant under his hand and seal, appoint an eminent jurist as the attorney general on the recommendation of the prime minister. the attorney general as the chief legal officer shall be the legal advisor to and legal representative of the government. in the performance of his or her duties, the attorney general shall have the right to appear before all courts. the attorney general shall have the power to institute, initiate, or withdraw any case in accordance with the law. the attorney general shall have the right to appear and express opinions on any legal question in parliament. the attorney general shall submit an annual report to the druk gyalpo and to the prime minister. the attorney general's office shall function in accordance with the office of the attorney general's act. article 30. the pay commission there shall be a pay commission, headed by a chairperson, which shall be autonomous and shall be constituted, from time to time, on the recommendation of the prime minister. the pay commission shall recommend to the government revisions in the structure of the salary, allowances, benefits, and other emoluments of the royal civil service, the judiciary, the members of parliament and local governments, the holders and the members of constitutional offices and all other public servants with due regard to the economy of the kingdom and other provisions of this constitution. the recommendations of the commission shall be implemented only on the approval of the lhengye zhungtshog and subject to such conditions and modifications as may be made by parliament. article 31. holders of constitutional offices no person shall hold a constitutional office or post under this constitution unless the person is: a natural born citizen of bhutan; and not married to a person who is not a citizen of bhutan. the holders of constitutional offices under this constitution shall be: the chief justice of bhutan and the drangpons of the supreme court; the chief justice and the drangpons of the high court; the chief election commissioner; the auditor general; the chairperson of the royal civil service commission; and the chairperson of the anti-corruption commission. the holders of the constitutional offices shall have no political affiliation. the holders of the constitutional offices shall not be eligible for re-appointment. parliament may, by law, prescribe necessary educational and other qualifications for the holders of constitutional offices. the holders of constitutional offices shall take an oath or affirmation of office, as provided for in the third schedule of this constitution, before assuming office. the salary, tenure, discipline and other conditions of service of the holders of constitutional offices shall be as prescribed by law, provided that the salary and benefits of the holders of constitutional offices shall not be varied to their disadvantage after appointment. article 32. impeachment the holders of constitutional offices shall be removed only by way of impeachment by parliament. a holder of constitutional office shall be liable to be impeached only on the ground of incapacity, incompetency or serious misconduct with the concurrence of not less than two-thirds of the total number of members of parliament. the chief justice of bhutan shall preside over all impeachment proceedings and, in the case of the impeachment of the chief justice of bhutan, the senior most drangpon of the supreme court shall preside. the attorney general shall submit a written report on the articles of impeachment to the speaker. the procedure for impeachment, incorporating the principles of natural justice, shall be as laid down by law made by parliament. article 33. emergency the druk gyalpo may, on the written advice of the prime minister, proclaim an emergency if the sovereignty, security, and territorial integrity of bhutan or any part thereof is threatened by an act of external aggression or armed rebellion. the druk gyalpo may, on the written advice of the prime minister, proclaim that a public emergency or calamity, which threatens or affects the nation as a whole or part thereof, exists in which case the government may take measures to the extent strictly required by the exigencies of the situation. the proclamation of emergency under section 1 or 2 of this article shall remain in force for a period of not more than twenty-one days from the date of the proclamation unless parliament, in a joint sitting, resolves by not less than two-thirds of the total number of members of parliament to extend it within the said period. not less than one-fourth of the total number of members of the national assembly may move a resolution to disapprove such a proclamation of emergency or disapprove the continuance in force of such proclamation by writing to the druk gyalpo if the house is not in session and to the speaker if the house is in session. a joint sitting shall be held at the earliest date within twenty-one days from the day on which the motion is received by the speaker or, as the case may be, by the druk gyalpo, failing which the proclamation of emergency shall lapse. where a proclamation of emergency is in operation, the government shall be empowered to give appropriate directions to the concerned local government. where a proclamation of emergency is in operation, the enforcement of the rights conferred by this constitution under sections 2, 3, 5, 12 and 19 of article 7 may be suspended. the druk gyalpo may, on the written advice of the prime minister, proclaim a financial emergency if his majesty is satisfied that a situation has arisen whereby the financial stability or credit of bhutan is threatened. such a proclamation shall be laid before each house within a period of twenty-one days after such proclamation unless parliament, in a joint sitting, resolves by not less than two-thirds of the total number of members of parliament to extend it within the said period. the constitution shall not be amended during a state of emergency. article 34. national referendum the will of the people shall be expressed in a national referendum. a simple majority of the total number of votes cast and counted shall be required for the referendum to be adopted. the druk gyalpo may command a national referendum if: in his opinion a bill, which is not passed in a joint sitting of parliament, is of national importance; or an appeal is made by not less than fifty percent of the total number of members of all dzongkhag tshogdues. a national referendum shall not be held on the question of imposition, variation, repeal of taxes or any other grounds as may be prescribed by law made by parliament. parliament shall, by law, prescribe the procedure for holding a national referendum. article 35. amendment & authoritative text subject to the provision of section 26 of article 2 and section 9 of article 33, parliament shall have the power to amend by way of addition, variation, or repeal the provisions of this constitution in accordance with the procedure set out in this article. a motion to amend the constitution under section 1 of this article shall be initiated by a simple majority of the total number of members of parliament at a joint sitting and, on being passed by not less than three-fourths of the total number of members in the next session at a joint sitting of parliament, the constitution shall stand amended on assent being granted by the druk gyalpo. parliament may call for a national referendum if, in its opinion, a constitutional bill, which is not granted assent by the druk gyalpo is of national importance. accordingly, sections 1, 3 and 4 of article 34 shall apply. in any instance of a difference in meaning between the dzongkha and the english texts of this constitution, each text shall be regarded as equally authoritative and courts shall reconcile the two texts. schedule 1. the national flag and the national emblem of bhutan the national flag the upper yellow half that touches the base symbolizes the secular tradition. it personifies his majesty the king, whose noble actions enhance the kingdom. hence, it symbolizes that his majesty is the upholder of the spiritual and secular foundations of the kingdom. the lower orange half that extends to the top symbolizes the spiritual tradition. it also symbolizes the flourishing of the buddhist teachings in general and that of the kagyu and nyingma traditions in particular. the dragon that fully presses down the fimbriation symbolizes the name of the kingdom, which is endowed with the spiritual and secular traditions. the white dragon symbolizes the undefiled thoughts of the people that express their loyalty, patriotism and great sense of belonging to the kingdom although they have different ethnic and linguistic origins. the national emblem within the circle of the national emblem, two crossed-vajras are placed over a lotus. they are flanked on either side by a male and female white dragon. a wish-fulfilling jewel is located above them. there are four other jewels inside the circle where the two vajras intersect. they symbolize the spiritual and secular traditions of the kingdom based on the four spiritual undertakings of vajrayana buddhism. the lotus symbolizes absence of defilements, the wish fulfilling jewel, the sovereign power of the people, and the two dragons, the name of the kingdom. schedule 2. the national anthem of bhutan in the kingdom of bhutan adorned with cypress trees, the protector who reigns over the realm of spiritual and secular traditions, he is the king of bhutan, the precious sovereign. may his being remain unchanging, and the kingdom prosper, may the teachings of the enlightened one flourish, may the sun of peace and happiness shine over all people. schedule 3. oath or affirmation of office "i,. . . . ., do solemnly swear/affirm that i shall uphold the sovereignty and integrity of bhutan faithfully, conscientiously discharge my duties in the service of the tsawa-sum and perform the duties of my office without fear or favour to the best of my ability, and that i shall bear true faith and allegiance to the constitution of bhutan." schedule 4. oath or affirmation of secrecy "i,. . . . , do solemnly swear/affirm that i shall not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as a. . . . for the royal government of bhutan except as may be required for the due discharge of my duties as . . ." glossary chhoe-sid: religion and politics (temporal and secular). chhoe-sid-nyi: dual system of religion and politics (temporal and secular). chibdrel: a ceremonial procession to receive and honour distinguished personages and personalities. chiwog: a unit under a gewog. dakyen: award of rank and responsibility. dar: scarf that symbolizes the conferring of rank. drangpon: judge or justice of a royal court of justice. dratshang: monastic body. dratshang lhentshog: the commission for the monastic affairs. druk: bhutan. druk gyalpo: the king of bhutan. druk-lu: the tradition of the drukpa kargyu, established by zhabdrung ngawang namgyal. dungkhag court: sub-district court. dzong: fortress, which is commonly used as an administrative center and traditionally is the abode of monks. dzongdag: district administrator. dzongkha: the national language of bhutan. dzongkhag: district. dzongkhag tshogdu: district council. gewog: county. gewog tshogde: county committee. goendey: a monastic community. gup: head of a gewog. gyenja: agreement. jabmi: legal counsel. je khenpo: the chief abbot of the central monastic body of bhutan. kargyu: one of the four orders of mahayana buddhism. kasho: a written order. ked-dzog: stages of development and completion in vajrayana practice. kidu: benefits granted by the king or the government of bhutan. lhakhang: temple. lhengye: ministerial position. lhengye zhungtshog: council of ministers or cabinet. lhentshog: commission. lopon: teacher. machhen: the holy relic of zhabdrung ngawang namgyal, who unified bhutan in the 17th century. mangmi: an elected representative of the gewog, who is also a deputy gup. nye: sacred pilgrimage site. nyi-kyelma: conferring a red scarf (rank and honour with the title of dasho). nyingma: one of the four orders of mahayana buddhism. pelden drukpa: glorious bhutan or an illustrious bhutanese person. rabdeys: monastic bodies in dzongs other than punakha and thimphu. tashi-mon-lam: prayers for fulfillment of good wishes and aspirations. ten-sum: three types of sacred treasures comprising of images, scriptures and stupas. thromde: municipality. thromde tshogde: municipal committee. thrompon: municipal administrator or mayor. triple gem: buddha, dharma and sangha. tsa thrim chhenmo: the supreme constitution. tsawa-sum: the king, country and people. tshogpa: an association or committee. yenlag thromde: satellite town. zhug-drel-phunsum tshog-pai ten-drel: traditional ceremony for the acquisition of the triple attributes of grace, glory and wealth during a formal and auspicious occasion. zhung dratshang: central monastic body. preamble we, representatives of the people of nicaragua, united in the constituent national assembly, invoking the struggles of our indigenous ancestors; the spirit of central american unity and the combative tradition of our people who, inspired by the example of general jose dolores estrada, andres castro and emmanuel mongalo, destroyed the dominion of the foreign adventurers and defeated the north-american intervention in the national war; the protagonist of the cultural independence of the nation, the universal poet ruben dario; the anti-interventionist actions of benjamin zeledon; the general of free people, augusto c. sandino, father of the popular and antiimperialist revolution; the heroic action of rigoberto lopez perez, initiator of the beginning of the end of the dictatorship; the example of carlos fonseca, the greatest perpetuator of sandino’s legacy, founder of the sandinista national liberation front and leader of the revolution; the martyr of public liberties, doctor pedro joaquin chamorro cardenal; the cardinal of peace and reconciliation, cardinal miguel oband y bravo; the generations of heroes and martyrs who forged and carried forward the liberation struggle for national independence. in the name of the nicaraguan people, all democratic, patriotic and revolutionary parties and organizations of nicaragua, its men and women, its workers and peasants, its glorious youth, its heroic mothers, those christians who inspired by their belief in god have joined and committed themselves to the struggle for the liberation of the oppressed, its patriotic intellectuals, and all those who through their productive work contribute to the defense of the homeland; those who offer their lives in fighting against imperialist aggression to guarantee happiness for new generations. for the institutionalization of the achievements of the revolution and the establishment of a new society that eliminates all forms of exploitation and achieves economic, political and social equality among nicaraguans and absolute respect for human rights. for the homeland, for the revolution, for the unity of the nation and for peace. we promulgate the following political constitution of the republic of nicaragua title i. fundamental principles sole chapter article 1 independence, sovereignty, and national self-determination are inalienable rights of the people and the bases of the nicaraguan nation. any foreign interference in the internal affairs of nicaragua or any attempt to undermine these rights threatens the life of the people. it is the duty of all nicaraguans to preserve and defend these rights. article 2 national sovereignty resides in the people who exercise it by means of democratic procedures, deciding and participating freely in the establishment and improvement of the nation’s economic, political, cultural and social system. the people exercise sovereign power through their representatives freely elected by universal, equal, direct, and secret suffrage, barring any other individual or group of individuals from usurping such representation. they may also exercise it directly by means of a referendum or plebiscite or other mechanisms established by the present constitution and the laws. similarly, it could exercise it by other means of direct democracy, like participatory budgets, citizens’ initiatives, territorial councils, territorial and municipal assemblies of the indigenous peoples and those of african descent, sectorial councils and other means established by this constitution and the laws. article 3 the struggle for peace and the establishment of a just world order represent fundamental commitments of the nicaraguan nation. we therefore oppose all forms of colonialist and imperialist domination and exploitation and declare our solidarity with all countries fighting against oppression and discrimination. article 4 the state recognizes the individual, the family, and the community as the origin and the end of its activity, and is organized to achieve the common good, assuming the task of promoting the human development of each and every nicaraguan, inspired by christian values, socialist ideals, practices based on solidarity, democracy and humanism, as universal and general values, as well as the values and ideals of nicaraguan culture and identity. article 5 liberty, justice, respect for the dignity of the human person, political and social pluralism, the recognition of the distinct identity of the indigenous peoples and those of african descent within the framework of a unitary and indivisible state, the recognition of different forms of property, free international cooperation and respect for the free self-determination of peoples, christian values, socialist ideals, and practices based on solidarity, and the values and ideals of the nicaraguan culture and identity, are the principles of the nicaraguan nation. political pluralism ensures the free organization and participation of all political parties in the electoral processes established in the constitution and the laws; and their participation in the political, economic and social affairs of the country. christian values ensure brotherly love, the reconciliation between the members of the nicaraguan family, the respect for individual diversity without any discrimination, the respect for and equal rights of persons with disabilities, and the preference for the poor. the socialist ideals promote the common good over individual egoism, seeking to create an ever more inclusive, just and fair society, promoting an economic democracy which redistributes national wealth and eliminates exploitation among human beings. solidarity among nicaraguans must consist in joint action which leads to the abolition of exclusionary practices and favors the most impoverished, disadvantaged and marginalized people; a feeling of unity based on common objectives and interests of the nation, as cooperation and mutual assistance promote and breathe life into relations based characterized by understanding, respect and dignity which form the basis for peace and reconciliation among individuals. the state recognizes the existence of the indigenous peoples and those of african descent who enjoy the rights, duties and guarantees designated in the constitution, and especially those which allow them to maintain and develop their identity and culture, to have their own forms of social organization and administer their local affairs, as well as to preserve the communal forms of land property and their exploitation, use, and enjoyment, all in accordance with the law. for the communities of the caribbean coast, an autonomous regime is established in the present constitution. the various forms of public, private, associative, cooperative, communitarian, communal, family-owned, and mixed property shall be guaranteed and encouraged without discrimination in order to produce wealth and shall serve social needs by operating freely. nicaragua bases its international relations on friendship, complementarity and solidarity among the peoples and reciprocity among states. consequently, all forms of political, military, economic, cultural, or religious aggression and the interference in the internal affairs of other states are forbidden and proscribed. nicaragua recognizes the principle of the peaceful settlement of international disputes through the means offered by international law and prohibits the use of nuclear weapons and other means of mass destruction in domestic and international conflicts. nicaragua guarantees the right of asylum to persons persecuted for political reasons, and rejects any subordination of one state to another. nicaragua adheres to the principles shaping american international law, as recognized and ratified in the exercise of its sovereignty. nicaragua encourages regional integration and advocates the reconstruction of the grand central american homeland. title ii. the state sole chapter article 6 nicaragua is an independent, free, sovereign, unitary and indivisible state. it is organized as a democratic and social state based on the rule of law which promotes as superior values the protection of the dignity of the people through the legal order, liberty, justice, equality, solidarity, social responsibility and, in general, the primacy of human rights, ethics, and the common good. the female and male citizens and the family are the major elements in the decision-making, planning and administrative processes of the state. article 7 nicaragua is a democratic republic. democracy is practiced through direct, participatory, and representative mechanisms. the delegated functions of the sovereign power are expressed through the legislative, executive, judicial and electoral branches of government. they have specialized and distinct functions, cooperating harmoniously with each other for the achievement of their purposes. there are other autonomous institutions and entities for the performance of specific functions of the state. article 8 the nicaraguan people is of a multi-ethnic character and forms an integral part of the central american nation. article 9 nicaragua firmly defends central american unity, supports and promotes all efforts to achieve political and economic integration and cooperation in central america as well as efforts to establish and preserve peace in the region. nicaragua aspires to the unity of the people of latin america and the caribbean, inspired by the ideals of bolivar and sandino. therefore, nicaragua shall participate with other central american and latin american countries in the creation and election of the bodies necessary to achieve such goals. this principle shall be put into effect by the relevant legislation and treaties. article 10 the national territory is located between the caribbean sea and the pacific ocean and the republics of honduras and costa rica. nicaragua fixes its maritime boundaries with honduras, jamaica, colombia, panama and costa rica in the caribbean sea in accordance with the rulings of the international court of justice of october 8, 2007, and of november 19, 2012. the sovereignty, jurisdiction and rights of nicaragua extend to the islands, keys, banks and rocks located in in the caribbean sea, the pacific ocean and the gulf of fonseca; and to the internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, the continental platform, and the corresponding airspace, in accordance with the rules and provisions of international law, and the sentences issued by the international court of justice. the republic of nicaragua only recognizes international obligations on its territory that have been freely consented to and in accordance with the political constitution of the republic and the rules of international law. likewise, it does not accept any treaties signed by other countries to which nicaragua is not a contracting party. article 11 spanish is the official language of the state. the languages of the communities of the atlantic coast shall also be officially used in the cases established by law. article 12 the city of managua is the capital of the republic and the government seat. in extraordinary circumstances these can be established elsewhere in the national territory. article 13 the symbols of the nation are the national anthem, the flag and the official seal, as established by the law that determines their characteristics and uses. article 14 the state has no official religion. title iii. nicaraguan nationality sole chapter article 15 nicaraguans are either nationals or nationalized individuals. article 16 nationals are: those born in the national territory, with the exception of children of foreigners in diplomatic service, children of foreign officials serving in international organizations or of individuals sent by their government to work in nicaragua, unless they opt for the nicaraguan nationality; the children of a nicaraguan father or mother; those born abroad to fathers or mothers who originally were nicaraguan, if and when they apply for nicaraguan nationality after reaching legal age or independence; infants of unknown parents found in nicaraguan territory, subject to corrections which may become necessary once their true descent becomes known; children born to foreign parents on board nicaraguan aircrafts or vessels, if and when they apply for nicaraguan nationality. article 17 native born central americans who reside in nicaragua have the right to opt for nicaraguan nationality and may apply for it before the competent authority without having to renounce their prior nationality. article 18 the national assembly may grant nationality to foreigners who have distinguished themselves through extraordinary service rendered to nicaragua. article 19 foreigners may be nationalized on application to the competent authority after having renounced their nationality, subject to the fulfillment of the requirements and conditions established by the applicable law. article 20 no national may be deprived of his/her citizenship. the status of nicaraguan citizen is not lost by acquisition of another nationality. article 21 the granting, loss and recuperation of nationality shall be regulated by law. article 22 cases of dual nationality shall be treated in conformity with treaties and the principle of reciprocity. title iv. rights, duties and guarantees of the nicaraguan people chapter i. individual rights article 23 the right to life is inviolable and inherent in the human person. in nicaragua there is no death penalty. article 24 everyone has duties to his/her family, the community, the homeland and humanity. the rights of every person are limited by the rights of others, the security of all and the reasonable requirements of the common good. article 25 everyone has the right to: individual liberty; security; recognition of his/her legal personality and capacity. article 26 everyone has the right to: privacy in his/her life and that of his/her family. respect of his/her honor and reputation. know about any information which private or public entities may have on record about him/her as well as the right to know why and for what purpose they hold such information. inviolability of his/her domicile, correspondence and communication of any kind. a private home may be searched only with a warrant from a competent judge save in cases in which: those who reside in the home tell the authorities that a crime is being committed there or call for help; a fire, flood, catastrophe or similar incident is threatening the life or property of the inhabitants; strangers have been spotted in a dwelling in circumstances which strongly suggest that a crime is about to be committed; a hot pursuit of a criminal is under way; a hostage shall be liberated. in all these cases, the search must take place in accordance with the law. the law determines the conditions and procedures for the search of private documents, fiscal records and related documents where this is indispensable for the investigation of matters before the courts or for taxation purposes. letters, documents, and other private papers which have been unlawfully seized shall be null and void in judicial proceedings or elsewhere. article 27 all individuals are equal before the law and have the right to equal protection. there shall be no discrimination based on birth, nationality, political belief, race, gender, language, religion, opinion, origin, economic position or social condition. foreigners have the same rights and duties as nicaraguans, with the exception of political rights and other rights established by law; they may not intervene in the political affairs of the country. the state respects and guarantees the rights recognized in this constitution to all persons who are in its territory and subject to its jurisdiction. article 28 nicaraguans who are out of the country are entitled to amparo and the protection of the state, which is implemented through its diplomatic and consular representations. article 29 everyone has the right to freedom of conscience and thought and to profess or not profess a religion. no one shall be the object of coercive measures which diminish these rights or be compelled to declare his/her creed, ideology or beliefs. article 30 nicaraguans have the right to freely express their convictions in public or in private, individually or collectively, in oral, written or any other form. article 31 nicaraguans have the right to circulate and to establish their residence in any part of the national territory, and to freely enter and exit the country. article 32 no person is obligated to do what is not mandated by law or barred from doing what is not prohibited by it. article 33 no one may be arbitrarily detained or imprisoned, or be deprived of liberty except in cases determined by law and in accordance with legal procedures. therefore: an arrest may be made only on the basis of a warrant issued by a competent judge or by authorities specifically empowered by law, with the exception of an individual caught in the act of committing a crime (flagrante delicto); any arrested person has the right: to be informed without delay in an idiom or language understandable to him and in detailed manner of the causes of his/her arrest and of the charges brought against him; to be informed of his/her arrest by the police and the same to be notified to his/her family or anyone considered appropriate; and also that he/she be treated with the respect due to the dignity inherent to him; to be released or brought before a competent authority within a 48 hour period subsequent to the arrest; once a penalty has been served, no one should be held further after an order of release from prison by a competent authority; any illegal detention causes civil and penal responsibility for the authority which orders or executes it; the competent organs shall strive to have those indicted and those sentenced imprisoned in different centers. article 34 any accused has the right, under equal conditions, to a fair trial and effective judicial protection, which includes the following minimal guarantees: to enjoy the presumption of innocence as long as guilt is not proven according to law. to be tried without delay by a competent court established by law. no one is exempt from the ordinary criminal jurisdiction. nobody may be removed from the jurisdiction of the competent court nor be made to appear before a special court. to be subjected to the verdict of juries in cases determined by law. the right to appeal (acción de revisión) is established. to have one’s participation and defense guaranteed from the very initiation of the legal process and to have the time and means adequate to one’s defense. to be granted a court appointed counsel when in the initial instance it has not been provided or when there has not been a prior warrant. the accused shall have the right to communicate freely and privately with one’s counsel. to be assisted free of charge by an interpreter if he/she does not understand or speak the language used by the court. not to be obliged to testify against oneself or against a spouse or a partner in a stable de facto union or a family member within the fourth level of consanguinity or the second level of marital relations, or to confess guilt. to be sentenced by motivated and reasoned decision based on the law within the statutory period at each stage of the application, trial or process which take place, without exception, in accordance with the law. to appeal to a higher court so that one’s case may be reviewed should the accused be sentenced for any crime or contravention. not to be tried again for the crime for which the accused was sentenced or acquitted by a final judgment. not to be tried or sentenced for an act or omission which, at the time of committing it, had not been specified expressly or unequivocally in the law as a punishable offence, nor to be sanctioned with a penalty not provided by law. dictating criminal laws which only apply to specific individuals (leyes proscriptivas) or applying demeaning penalties or treatment to the accused is prohibited. the judicial process must be oral and public. access by the press and the public in general may be restricted for moral and public order reasons. the victim shall take part in judicial proceedings from their beginning and at every step. the state shall protect crime victims and make sure that the damage suffered is compensated. the victims have a right to the protection of their safety, physical and psychological well-being, dignity and private life in conformity with the law. the minimum guarantees of fair trial and effective judicial protection established in this article are applicable to administrative and judicial proceedings. article 35 minors cannot be subject to or [be] the object of judgment, nor can they be submitted to any legal proceeding. transgressor minors cannot be taken to penal rehabilitation centers and they shall be attended to in centers under the responsibility of a specialized institution. a law shall regulate this matter. article 36 all persons shall have the right to have their physical, psychological and moral integrity respected. no one shall be subjected to torture, procedures, punishments, or inhumane, cruel or degrading treatment. violation of this right constitutes a crime and shall be punished by law. article 37 the penalty shall not extend beyond the person convicted. there shall be no punishment or punishments which, in isolation (aisladamente) or together, total more than thirty years. article 38 the law has no retroactive effect except in penal matters that favor the accused. article 39 in nicaragua, the penitentiary system is humanitarian, and has as a fundamental objective the transformation of the interned in order to reintegrate [him or her] into society. with the progressive system it promotes family unity, health, educational and cultural advancement and productive occupation with financial compensation for the interned. sentences have a re-educational character. convicted women shall serve in prison in different penal centers than men, and guards of the same sex shall be provided. article 40 no one shall be subjected to servitude. slavery and slave trade in any form are prohibited. article 41 no one shall be detained for debts. this principle does not limit the mandates of competent legal authority for the non-fulfillment of alimony duties. it is the duty of all national or foreign citizens to pay their debts. article 42 nicaragua recognizes and guarantees the right of refuge and of asylum. refuge and asylum are to be granted only to those who are persecuted in their struggle for democracy, peace, justice, and human rights. the law shall determine the status of an asylum seeker or political refugee in accordance with international agreements ratified by nicaragua. in case the expulsion of the asylum is decided he/she may never be returned to the country where he/she had been persecuted. article 43 in nicaragua there is no extradition for political crimes or common crimes committed in conjunction with them, according to nicaraguan qualification. extradition for common crimes is regulated by law and international treaties. nicaraguans shall not be objects of extradition from the national territory. article 44 the right of private ownership of movable and immovable property and of the instruments and means of production is guaranteed. by virtue of the social function of property, for reason of public utility or social interest, this right is subject to the limits and obligations imposed by the laws regarding its exercise. immovable property mentioned in the first paragraph may be the subject of expropriation in accordance with the law following the cash payment of fair compensation. as regards the expropriation of uncultivated large landed estates in the interest of land reform, the law shall determine the form, computation, installment of payments and interests recognized as indemnification. the confiscation of property is prohibited. those officials who violate this provision shall respond with their property at all times for any damages they may have caused. article 45 persons whose constitutional rights have been violated or are in danger of being violated have the right to present the writ of habeas corpus, of amparo, or of habeas data, depending on the circumstances of the case and in accordance with the law on constitutional jurisdiction. article 46 all persons in the national territory shall enjoy state protection and recognition of the rights inherent to the human person, as well as unrestricted respect, promotion and protection of those human rights, and the full applicability of the rights set forth in the universal declaration of human rights; in the american declaration of the rights and duties of man; in the international pact of economic, social and cultural rights; in the international pact of civil and political rights of the united nations; and in the american convention of human rights of the organization of american states. chapter ii. political rights article 47 all nicaraguans who have reached 16 years of age are citizens. only citizens enjoy the political rights set forth in the constitution and in the laws, without further limitations other than those established for reasons of age. rights of citizens shall be suspended by imposition of serious corporal or specific related punishments and by final judgment of civil injunction. article 48 unconditional equality of all nicaraguans in the enjoyment of their political rights, in the exercise of these rights, and in the fulfillment of their duties and responsibilities, is established; there exists absolute equality between men and women. it is the obligation of the state to remove obstacles that impede the actual equality among nicaraguans and their effective participation in the political, economic and social life of the country. article 49 in nicaragua workers in the cities and countryside, women, youth, agricultural producers, artisans, professionals, technicians, intellectuals, artists, religious persons, the communities of the atlantic coast and the population in general have the right to form organizations with the goal of realizing their aspirations according to their own interests, without discrimination, and to participate in the construction of a new society. such organizations shall be formed according to the elective and participatory will of citizens, they shall have a social function and may or may not have a partisan character, according to their nature and objectives. article 50 citizens have the right to participate under equal conditions in public affairs and in state management. the participation of the individual, the family, and the community in the formulation, execution, evaluation, control and monitoring of public and social policies and of public services shall be guaranteed; the law shall guarantee their effective participation, nationally and locally. article 51 citizens have the right to vote and be elected at periodic elections and to run for public office, except for the limitations provided in this political constitution. it is the duty of citizens to be jurors and to perform other tasks of a civic nature, except for recognized excuse. article 52 citizens have the right, individually or collectively, to petition, denounce irregularities and make constructive criticism to the powers of the state or to any authority, to obtain a quick resolution or response and to have the result communicated in the time period established by the law. article 53 the right to peaceful gathering is recognized; the exercise of this right does not require prior permission. article 54 the right to public assembly, demonstration and mobilization in conformity with the law is recognized. article 55 nicaraguan citizens have the right to establish or join political parties with the objective of participating in the exercise of or the contest for political power. chapter iii. social rights article 56 the state shall give special attention in all its programs to the disabled and to the relatives of those killed or victimized by war in general. article 57 nicaraguans have the right to work in accordance with their human nature. article 58 nicaraguans have the right to education and culture. article 59 every nicaraguan has an equal right to health. the state shall establish the basic conditions for its promotion, protection, recuperation and rehabilitation. the organization and direction of health programs, services and actions and the promotion of popular participation in support of it corresponds to the state. citizens are obligated to respect determined sanitary measures. article 60 nicaraguans have the right to live in a healthy environment, as well as the obligation to maintain and preserve it. the supreme and universal common good, and a precondition for all other goods, is mother earth; she must be loved, cared for, and regenerated. the common good of the earth and of humanity requires us to understand the earth as a living entity and subject of dignity. she belongs to the community of all which inhabit her and to the totality of the ecosystems. earth forms together with humanity a unique complex identity; she lives and acts as a unique self-regulated system made up of physical, chemical, biological, and human components, which make it fit for the production and reproduction of life and which, for this reason, is our mother earth and our common home. we must protect and restore the integrity of the ecosystems, with a special focus on biological diversity and all the natural processes which sustain life. the nicaraguan nation must adopt patterns of production and consumption which guarantee the vitality and integrity of mother earth, social equity among humans, a responsible consumption based on solidarity, and the good life of the community. the state of nicaragua adopts and makes its own in this political constitution the integral text of the universal declaration on the common good of the earth and of humanity. article 61 the state guarantees nicaraguans the right to social security for their integral protection against the social contingencies of life and work in the manner and conditions determined by law. article 62 the state shall strive to establish programs benefiting the handicapped people, for their physical, psychosocial and professional rehabilitation, and for their job placement. article 63 it is the right of nicaraguans to be protected against hunger. the state shall promote programs, which ensure adequate availability of food and its equitable distribution. article 64 nicaraguans have the right to decent, comfortable and safe housing that guarantees familial privacy. the state shall promote the fulfillment of this right. article 65 nicaraguans have the right to sports, physical education, recreation and relaxation. as part of the integral development of nicaraguans, the state shall promote the practice of sports and physical education, through the organized and mass participation of the people. this shall be accomplished through special programs and projects. article 66 nicaraguans have the right to truthful information. this right comprises the freedom to seek, receive and disseminate information and ideas, be they spoken or written, in graphic or by any other chosen procedure. article 67 the right to inform is a social responsibility and shall be exercised with strict respect for the principles established in the constitution. this right cannot be subject to censorship, but [may be subject] to subsequent responsibilities established by law. article 68 within the framework of their social function, the mass communications media must contribute to the development of the nation. nicaraguans have the right of access to the social mass communications media and to explanations when their rights and guarantees may be affected. the government shall see to it that the social mass communications media not be subjected to foreign interests or to the economic monopoly of any group. the law shall regulate this matter. the import of paper, machinery, and equipment, and upkeep accessories for the mass communications media whether printed, broadcast, or televised as well as the import, circulation, and sale of books, brochures, magazines, instructional school and scientific materials, newspapers, and other publications shall be exempt from all types of municipal, regional, and fiscal levies. the tax laws shall regulate the matter. the public, corporate, or private mass communications media may not be subjected to prior censorship. in no case may their printing presses or accessories nor any other means or equipment used for the dissemination of ideas be seized as evidence of wrongdoing. article 69 all persons, either individually or in a group, have the right to manifest their religious beliefs in public or private, through worship, practices and teachings. no one may evade obedience to the law or impede others from exercising their rights and fulfilling their duties by invoking religious beliefs or dispositions. chapter iv. rights of the family article 70 the family is the fundamental nucleus of society and has the right to protection by the latter and the state. the individual, the family, and the community are the major elements of the human development plan of the nation. article 71 nicaraguans have the right to establish families. family inheritance, which is not subject to seizure and exempt from all public levies, is guaranteed. the law shall regulate and protect those rights. childhood enjoys special protection and all the rights that this status may require; for that reason, the international convention on rights of children is fully applicable in nicaragua. article 72 marriage and stable de facto unions are protected by the state; they rest on the voluntary agreement between a man and a woman, and may be dissolved by mutual consent or by the shall of one of the parties. the law shall regulate this matter. article 73 family relations rest on the respect, solidarity and absolute equality of rights and responsibilities between the man and woman. parents must attend to the maintenance of the home and the integral development of children through joint efforts, with equal rights and responsibilities. children are, as well, obligated to respect and assist their parents. these duties and rights shall be fulfilled in accordance with the legislation on this matter. article 74 the state grants special protection to the process of human reproduction. women shall have special protection during pregnancy and shall be granted maternity leave with pay and all appropriate social security benefits. no one may deny employment to women for reasons of pregnancy nor dismiss them during pregnancy or the post-natal period; all in conformity with the law. article 75 all children have equal rights. there shall be no discriminatory designations due to matters of filiation. in ordinary legislation, no dispositions or classifications that reduce or deny equality among children have any value. article 76 the state shall create programs and develop special centers for the care of minors; minors have the right to measures of prevention, protection and education from their family, society and the state, as required by their condition. article 77 the elderly have the right to protective measures from their family, society and the state. article 78 the state protects responsible paternity and maternity. the right to investigate paternity and maternity is established. article 79 the right to adoption for the exclusive interest of the integral development of the minor is established. the law shall regulate this matter. chapter v. labor rights article 80 work is a right and a social responsibility. the labor of nicaraguans is the fundamental means to satisfy the needs of society and of persons, and is the source of the wealth and prosperity of the nation. the state shall strive for full and productive employment of all nicaraguans under conditions that guarantee the fundamental rights of the person. article 81 workers have the right to participate in the management of their enterprises, through their organizations and in conformity with the law. article 82 workers have the right to working conditions that specifically ensure them: equal pay for equal work under identical conditions, suitable to their social responsibility, without discrimination for political, religious, racial, gender or any other reasons, which ensure a well-being compatible with human dignity; being paid in legal tender currency in their work place; the exemption from seizure of the minimum wage and social benefits, except for the protection of their family and in the terms established by law; work conditions that guarantee physical integrity, health, hygiene and the reduction of professional hazards to make effective the worker’s occupational security; an eight-hour work day, weekly rest, vacations, remuneration for national holidays and a thirteenth month salary, in conformity with the law; work stability in conformity with the law and equal opportunity to be promoted, limited only by the factors of time, service, capacity, efficiency and responsibility; social security for integral protection and means of subsistence in cases of incapacitation, old age, professional risks, illness or maternity; and for their relatives in cases of death, in the form and under conditions established by law. article 83 the right to strike is recognized. article 84 child labor in tasks that can affect their normal development or their obligatory instruction cycle is prohibited. children and adolescents shall be protected against any form of economic and social exploitation. article 85 workers have the right to their cultural, scientific and technical development; the state shall facilitate this through special programs. article 86 all nicaraguans have the right to freely elect and exercise their profession or trade and to choose their place of work with no other requisites than a school degree and that the work serve a social purpose. article 87 full labor union freedom exists in nicaragua. workers shall organize themselves voluntarily in unions, which shall be constituted in conformity with that established by the law. no worker is obliged to belong to a particular union or to resign from the one to which he/she belongs. the full autonomy of organized labor is recognized and the traditional rights (fuero) of the unions are respected. article 88 in defense of their individual or organizational interests, workers are guaranteed the inalienable right to negotiate the following with their employers: individual contracts; collective bargaining agreements. both in conformity with the law. chapter vi. rights of the communities of the atlantic coast article 89 the communities of the atlantic coast are indivisible parts of the nicaraguan people, and as such they enjoy the same rights and have the same obligations. the communities of the atlantic coast have the right to preserve and develop their cultural identities within the national unity, to provide themselves with their own forms of social organization, and to administer their local affairs according to their traditions. the state recognizes communal forms of land ownership of the communities of the atlantic coast. equally it recognizes their enjoyment, use and benefit of the waters and forests of their communal lands. article 90 the communities of the atlantic coast have the right to the free expression and preservation of their languages, art and culture. the development of their culture and their values enrich the national culture. the state shall create special programs to enhance the exercise of these rights. article 91 the state has the obligation to enact laws intended to promote actions to ensure that no nicaraguan shall be the object of discrimination for reasons of language, culture or origin. title v. national defense sole chapter article 92 the army of nicaragua is the armed institution for the defense of territorial sovereignty, independence, and integrity. only in exceptional cases may the president of the republic, by decision taken in council of ministers, order the intervention of the army of nicaragua in support of the national police should the stability of the republic be threatened by major internal disorders, calamities or natural disasters. the establishment of foreign military bases on the national territory is prohibited. the transit or stationing of foreign military vessels, aircraft, equipment or personnel for humanitarian, training, instruction or exchange purposes may be authorized as long as the request is made by the president of the republic and ratified by the national assembly. it is the responsibility of the chief-of-staff of the nicaraguan army, under the authority of the president of the republic as commander-in-chief of the nicaraguan army, to take part in the formulation of the plans and policies in matters of defense and national security, and in the coordination of their implementation. for the purpose of national security: the establishment of systems which alter or affect the national systems of communication is prohibited in all circumstances. the communication points for national defense purposes in the national territory must be the property of the state. the radioelectric and satellite spectrum is property of the nicaraguan state and must be regulated by the regulatory agency; the law shall provide for the details. article 93 the army of nicaragua is a national institution of a professional, non-partisan, apolitical, hierarchical and non-deliberative character. the members of the army of nicaragua must permanently receive patriotic and civic education and education on matters of human rights and international humanitarian law. crimes and offenses of a strictly military nature committed by members of the army shall be dealt with by military tribunals established by law. common-law crimes and offenses committed by the military shall be dealt with by the ordinary courts. in no case may civilians be tried by military tribunals. article 94 members of the army of nicaragua and of the national police may not engage in political or partisan activities nor hold any position in political organizations. neither may they run for public positions of popular election unless they have resigned from active duty in the armed forces or the police at least one year prior to the elections in which they intend to participate. the organization, structures, activities, ranks, promotions, retirements, and everything relating to the operational development of these organizations shall be regulated by the law of this matter. article 95 the army of nicaragua shall be run in strict adherence to the political constitution, to which it shall pay respect and defer. it shall be subject to the civilian authority to be exercised directly by the president of the republic in his/her capacity of commander-in-chief of the army of nicaragua. no more armed units may exist in the national territory than those established in the constitution or more military ranks than those established by the law. the members of the army of nicaragua and of the national police may temporarily occupy posts in the executive when the supreme interest of the nation so requires. in this case the military or police staff concerned are seconded to external service for all legal purposes. article 96 there shall be no compulsory military service, and any form of forced recruitment to be part of the army of nicaragua and the national police is prohibited. the organs of the army and the police and any other state institutions are prohibited from engaging in activities of political espionage. article 97 the national police is an armed body of civilian nature whose competence covers all police activity. it is organized on a preventive, proactive and communitarian model with substantial participation by inhabitants, the family, and the community. its mission is to guarantee the internal order, the safety of the citizens and of their goods, and the prevention, prosecution and investigation of crimes and other offenses specified by the law. the national police is professional, apolitical, nonpartisan, hierarchical, and non-deliberative. the national police shall be run in strict adherence to the political constitution to which it shall pay respect and defer. it shall be subject to the civilian authority which shall be exercised by the president of the republic in his capacity as commander-in-chief of the national police. within its functions, the national police shall support the judicial branch and other authorities which require its assistance in conformity with the law governing their activity. the internal organization of the national police is based on the hierarchy and the discipline of its commanding officers and staff. title vi. national economy, land reform and public finances chapter i. national economy article 98 the principal function of the state in the economy is to achieve the sustainable human development in the country; to improve the living conditions of the people and to realize a more just distribution of wealth in the pursuit of a good life. the state must play the role of facilitator in the production sector which creates the conditions which allow the private sector and the workers to pursue their economic, productive and labor activities in a framework of democratic governance and full legal certainty, so that they may contribute to the economic and social development of the country. through the promotion of public and social policies the state must perform a role in the development of the private sector which permits to improve the functioning and the efficiency of the public institutions, to simplify procedures, to reduce entry barriers to the formal sector of the economy, to extend the coverage of social security and welfare services, and to facilitate the functioning of existing companies in the formal sector. this shall be promoted by means of an alliance of the government with small, middle-sized and large businesses and the workers through a permanent dialogue which seeks to achieve consensus. article 99 the state is responsible for promoting the country’s integral development; as the manager of the general well-being, it shall guarantee the individual, social, sectorial and regional interests and needs of the nation. it is the responsibility of the state to protect, foment, and promote private, public, cooperative, associative, communitarian, family-owned, communal and mixed forms of ownership and economic and business management, in order to guarantee economic and social democracy. the state shall promote and supervise the culture of free and fair competition between economic agents, with the objective of protecting the rights of consumers and users, in accordance with the legal provisions governing these matters. the conduct of economic activities is primarily a matter for individuals. the leading role of private initiative which includes in a broad sense large, middle-sized, and small businesses, mini-enterprises, cooperative, associative, and other enterprises is recognized. the central bank is the state entity regulating the monetary system. state banks and other state financial institutions shall be the financial tools for economic promotion, investment, and development, and they shall diversify their credits with an emphasis on smalland medium-sized producers. it is the duty of the state to guarantee their existence and functioning in an unassailable manner. the state guarantees the freedom of enterprise and the establishment of banks and other private and state financial institutions which shall be regulated in conformity with the laws on the matter; they shall be supervised, regulated and audited by the superintendence of the banks and other financial institutions. foreign trade activities, insurance and reinsurance, both public and private, shall be regulated by law. with the support of the private, cooperative, associative, communitarian and mixed sector the state shall, within the framework of free enterprise and free markets, promote public and private policies which stimulate a broad access to financing, including alternative financial instruments which increase and extend microcredits to the rural and urban sectors. article 100 the state guarantees national and foreign investments in order to contribute to the socio-economic development of the country without prejudice to national sovereignty and the rights of workers, as well as the legal framework to encourage public-private partnerships, which facilitates, regulates and stimulates medium and long term investments necessary for the improvement and development of infrastructure, in particular in the areas of energy, roads, and ports. article 101 workers and other productive sectors, both public and private, have the right to participate in the elaboration, execution and control of economic plans, in accordance with the dialogue, alliance and consensus promoted by the state, with the objective of raising productivity through better education and training, better forms of organization for production, adoption of modern technologies, and investment modernized productive capital, better infrastructure and public services. article 102 the natural resources are national patrimony. the preservation of the environment, and the conservation, development and rational exploitation of the natural resources are responsibilities of the state; the state may sign contracts for the rational exploitation of these resources in a transparent, public procedure when required by the national interest. in view of the favorable geographical position of the country, the state may, on the basis of a law, sign a contract or grant a concession for the construction and rational exploitation of an interoceanic canal which must consider, when an investment with a foreign company is under consideration, the possibility of forming a joint venture with national companies to promote employment. the approval, reform or repeal of the laws on the matter require the vote of sixty percent of all members of the national assembly of nicaragua. article 103 the state guarantees the public, private, cooperative, associative, communitarian, communal, family-owned and mixed forms of property; they form part of the mixed economy, are subject to the higher interests of the nation and fulfill a social function. they shall enjoy the same rights and prerogatives in accordance with the legal provisions, and the legal enjoyment and use of any of these forms of property shall not be perturbed, except in the cases provided for by the applicable law. article 104 enterprises organized in any of the forms of ownership established in this constitution shall have equal standing before the law and the economic policies of the state. economic initiative is free. the full exercise of economic activities is guaranteed without any other limitations than those which, due to social or national interest reasons, the law imposes. article 105 it is the obligation of the state to promote, facilitate, and regulate the provision of basic public services of energy, communications, water, transportation, road infrastructure, ports, and airports to the people, and access to these is their inalienable right. private investments and their modalities and the concessions of exploitation to private individuals in these areas shall be regulated by law in each case. the services of education, health, and social security are non-transferable duties of the state, which is obligated to provide them without exclusions, to improve and broaden them. the installations and infrastructure of these services owned by the state may not be alienated in any manner. the workers in the education and health sector shall take part in the elaboration, execution and monitoring of the plans, programs and projects addressed to the sector, and shall be governed by the corresponding legal provisions. free health care is guaranteed for the vulnerable sectors of the population, giving priority to the completion of programs benefiting mothers and children. specific family and community health programs shall be developed. state public health and education services shall have to be expanded and reinforced. the right to establish private health and education services is guaranteed. it is the responsibility of the state to guarantee quality control over goods and services and to prevent speculation and the monopolization of basic goods of consumption. the state shall guarantee the promotion and protection of the rights of consumers and users through the relevant legislation on the matter. concessions for the exploitation of public services assigned to private bidders must be granted in transparent and public procedures, in conformity with the law on the matter, and must ensure that their operation follows criteria of efficiency and competitiveness, satisfaction of the public and fulfilment of the employment laws of the country. chapter ii. land reform article 106 the land reform is the fundamental instrument for the democratization of ownership and the just distribution of land; it is a means constituting an essential part for the global promotion and strategy of ecological reconstruction and the sustainable economic development of the country. the land reform shall take into account the socially necessary man-land relationship. property is also guaranteed to peasants benefiting from the reform, in accordance with the law. article 107 the land reform shall eliminate large uncultivated farmlands and shall be implemented primarily with lands of the state. should the expropriation of large uncultivated farmlands affect private owners, it shall be implemented in conformity with the provision of article 44 of this constitution. the land reform shall eliminate any form of exploitation of the peasants and the country’s indigenous communities and shall promote forms of ownership compatible with the economic and social objectives of the country established in this constitution. the land ownership system of indigenous communities shall be regulated according to the law on this matter. article 108 ownership of their land is guaranteed to all those owners who productively and efficiently work it. the law shall establish specific regulations and exceptions in conformity with the goals and objectives of the land reform. article 109 the state shall promote the voluntary association of peasants in agricultural cooperatives, without discrimination based on sex, and in accord with its resources, it shall facilitate the material means necessary to raise their technical and productive capacity in order to improve the standard of living of the peasants. article 110 the state shall promote the voluntary incorporation of small and medium agricultural producers, into the economic and social development plans of the country, both in associative and individual forms. article 111 the peasants and other productive sectors have the right to participate, through their own organizations, in defining the policies of agricultural transformation. chapter iii. of public finances article 112 the general budget law of the republic has annual validity and its object is to regulate the public administration’s ordinary and extraordinary revenues and expenditures. the law shall determine the limits of the expenditures of the state organs and shall indicate the various sources and purposes of all revenues and expenditures, which must correspond to each other. the national assembly may modify the bill of the budget sent by the president of the republic, but no extraordinary expenditures may be created except by law and through the creation and determination at the same time of the resources to finance it. the law of the budgetary regime shall regulate this matter. any modification of the general budget of the republic involving an increase or decrease of credits, reduction of revenues or transfers among different institutions shall require the approval of the national assembly. the annual budget law may not create taxes. article 113 it is the responsibility of the president of the republic to formulate the bill of the annual budget law which he/she shall submit to the national assembly for its debate and approval, in accordance with the law on this matter. the bill of the annual budget law shall include, for information of the national assembly, budgets of the autonomous and governmental entities and of state enterprises. article 114 the national assembly has the exclusive and inalienable power to create, approve, amend, or suppress tax levies. the tax system must take into account the distribution of wealth and of income. tax levies of a confiscatory nature are prohibited. medicines, vaccines, and serums for human consumption, orthopedics, and prostheses and the ingredients and materials necessary to produce them shall be exempt from paying any forms of taxation, in conformity with the clarification and procedures established. article 115 taxes must be created by a law that establishes their incidence, taxation type and guarantees of taxpayers. the state shall not force payment of taxes that have not been previously established by a law. title vii. education and culture sole chapter article 116 education has as its objective the full and integral development of nicaraguans; to provide them with a critical, scientific and humanist consciousness; to develop their personality and their sense of dignity and to prepare them to assume the tasks of common interest demanded for the progress of the nation. therefore, education is a fundamental factor for the transformation and development of the individual and of society. article 117 education is one single, democratic, creative and participatory process, which links theory with practice, manual with intellectual labor, and promotes scientific research. it is based on our national values, in the knowledge of our history, reality, national and universal culture and in the constant development of science and technology; it cultivates the values of the new nicaraguan in accordance with the principles established in this constitution, the study of which must be promoted. article 118 the state promotes the participation of the family, the community and the people in education and guarantees the support of the means of social communication for this purpose. article 119 education is a fundamental duty of the state. planning, direction and organization of education correspond to the state. the national educational system functions in an integrated fashion and in accordance with national plans. its organization and functioning are determined by law. it is the duty of the state to train and prepare the necessary technical and professional personnel at all levels and specializations for the development and transformation of the country. article 120 the creative application of educational plans and policies is a fundamental role of the national teaching profession. teachers have the right to standards of living and work corresponding to their dignity and the important social function that they carry out; they shall be promoted and encouraged in their work in accordance with the law. article 121 the access to education is free and equal for all nicaraguans. primary education is free of charge and mandatory at the centers of the state. the secondary education is free of charge at the centers of the state without prejudice to any voluntary contributions which parents of the family may make. no one may be excluded in any form from a state center for economic reasons. the indigenous peoples and ethnic communities of the atlantic coast have the right in their region to intercultural education in their native language, in accordance with the law. article 122 adults shall enjoy opportunities to be educated and to develop skills through education and training programs. the state shall continue its educational programs to eliminate illiteracy. article 123 private centers dedicated to teaching may function at all levels, subject to the precepts established in this constitution. article 124 education in nicaragua is secular. the state recognizes the right of private education centers with a religious orientation to teach religion as an extracurricular subject. article 125 the universities and superior technical education centers enjoy academic, financial, organic, and administrative autonomy, in accordance with the law. they shall be exempt from any class of taxes and fiscal contributions, regional and municipal. their assets and revenues may not be the object of intervention, expropriation or seizure, except when the relevant obligation originates in civilian, business, or labor contracts. the professors, students, and administrative employees shall participate in the university management. universities and superior technical education centers which, according to law, must be state-funded, shall receive an annual allocation of six percent of the general budget of the republic, which shall be distributed according to law. the state may allocate additional contributions to cover extraordinary expenditures of these universities and superior technical education centers. academic freedom is guaranteed. the state promotes and protects the free creation, research, and diffusion of the sciences, technology, the arts and letters, and guarantees and protects intellectual property. article 126 it is the duty of the state to promote the recovery, development and strengthening of national culture, sustained by the creative participation of the people. the state shall support national culture in all its expressions, whether collective or from individual creators. article 127 artistic and cultural creation is free and unrestricted. cultural workers have full freedom to choose forms and styles of expression. the state shall strive to provide them with the means necessary to create and divulge their works, and to protect their rights of authorship. article 128 the state protects the archaeological, historical, linguistic, cultural and artistic patrimony of the nation. title viii. the organization of the state chapter i. general principles article 129 the legislative, executive, judicial and electoral powers are independent of one another and coordinate harmoniously, subordinated only to the supreme interests of the nation and to what is established in this constitution. article 130 no office confers on its holder more functions than those provided for in the constitution and the laws. any public office holder shall act in strict respect of the principles of constitutionality and legality. the office holders elected by the national assembly shall continue in their functions following the end of their term in office until their successors are elected and take charge in conformity with the political constitution. any state official must give an accounting of his/her assets prior to assuming his/her position and after its relinquishment. the law regulates this matter. public officials of any power of the state who are directly or indirectly elected, state ministers and vice ministers, the presidents or directors of autonomous and government entities, and the ambassadors of nicaragua abroad may not obtain any concessions from the state. neither may they act as trustees or managers of public or private, national, or foreign enterprises when these have dealings with the state. the violation of this provision entails the nullification of the privileges or benefits they may have obtained and causes the loss of their representative function and public office. the national assembly, by resolution approved by two-thirds of the votes of its members, may deprive the president or the vice-president of the republic of his immunity. with respect to other officials, the resolution must be approved by the assenting vote of the majority of its members. public officials enjoying immunity in accordance with the constitution may not be detained or prosecuted if the aforementioned procedure has not been followed, except for matters relating to family and labor rights. immunity may be waived. this matter shall be regulated by law. in cases of the removal of immunity from the president or the vice president of the republic for criminal offenses, once immunity has been removed, the supreme court of justice in plenum is competent to try them. in all functions of the sovereign power created by this constitution, individuals whose relatives are closely connected with the authority making the appointment or, where applicable, with the individual who has granted such authority, may not be appointed. for the appointment of chief officials, the prohibition applies up to the fourth level of consanguinity and to the second level of marital relations. the law shall regulate this matter. this prohibition does not include the case of appointments relating to the execution of the law of civil service and the administrative career, of the academic career, of judicial career, of the foreign service career, of career in the health sector, of career in the municipalities and other similar laws that may be dictated. article 131 the public officials are accountable to the people for the proper discharge of their functions and must inform them of their official work and activities. they must pay attention and listen to their problems and try to solve them. public functions must be exercised for the benefit of the people. the officials elected by universal suffrage on the basis of closed lists proposed by political parties who switch their allegiance in the exercise of their functions, thus acting contrary to the mandate conferred by the voting population at the polls, shall forfeit their electoral mandate, with their alternate (suplente) taking over the seat. in the case of officials elected by popular vote on the basis of closed lists proposed by political parties in accordance with the principle of proportional representation, deputies in the national assembly, deputies in the central-american parliament, municipal councilors, and regional councilors, the list of candidates must contain fifty percent of male and fifty percent of male candidates, presented in a fair and alternating order; the same relation between the sexes must be maintained between the mandate holders and their alternates, where applicable. the centralized, decentralized or deconcentrated public administration serves the general interest with objectivity and is in its activity subject to the principles of legality, effectiveness, efficiency, quality, impartiality, objectivity, equality, honesty, economy, publicity, hierarchy, coordination, participation, transparency and good governance with full submission to the state’s legal order. the law regulates the administrative proceedings, providing the persons concerned with effective administrative remedies, with the exceptions which it establishes. the legality of the action of the public administration shall be governed by the administrative proceedings established by law and the jurisdiction of the administrative law tribunals. the state shall be financially liable in conformity with the law for the damages caused to individuals in their property, rights and interests as a consequence of actions or omissions by public officials in the exercise of their functions, except in cases of force majeure. the state shall recover the resulting losses from the officials and public employees responsible for the damage. the public officials and employees are personally responsible for the violation of the constitution, for a lack of administrative integrity and for any other misdemeanor or fault committed in the discharge of their functions. they are also responsible before the state for the damage that they may cause through abuse, negligence, or omission in the exercise of their position. civil functions may not be militarized. the civil service and administrative career shall be regulated by law. chapter ii. legislative branch article 132 legislative power is exercised by the national assembly through delegation and by the mandate of the people. the national assembly is composed of ninety members (diputados) and their alternates elected by universal, equal, direct, free, and secret suffrage through the system of proportional representation. in accordance with what is established in the electoral law, twenty national members are elected and seventy members in the departmental and autonomous regions. an obligation is established to allocate sufficient percentage of the general budget of the republic to the national assembly. article 133 the former president of the republic and vice president elected by the people’s direct vote in the immediate previous term shall also be part of the national assembly as regular members and alternates respectively. the candidates for president and vice president of the republic who finish in second place in the election shall be part of the national assembly as members and alternates. article 134 the following requirements must be fulfilled in order to be eligible as member of the national assembly: be a national of nicaragua. those who adopted another nationality must have renounced it at least four years before the election is held. enjoy full exercise of civil and political rights. be 21 years old. reside continuously in the country for four years prior to the election. this shall not be applicable to those who, during the aforementioned period, were engaged in diplomatic missions, were working in international organizations or pursuing studies overseas. in addition, it is required to be a native or a resident for a two-year period preceding the election date of the department or autonomous region sought to be elected for; the following persons may not run for the national assembly, as members or alternates: government ministers or vice ministers, magistrates of the judicial power and of the supreme electoral council, members of the superior council of the office of the controller general, the public prosecutor and deputy public prosecutor, the human rights ombudsman and deputy human rights ombudsman, the attorney general, the adjunct attorney general and the mayors, unless they resign the office at least 12 months in advance of the election date. ministers of any religious cult, unless they have resigned at least 12 months in advance from the election date. article 135 no member of the national assembly may obtain any concession from the state or be the proxy or manager of public, private or foreign enterprises in their contracts with the state. the violation of this rule leads to the annulment of the obtained concessions or benefits and entails the loss of membership of the national assembly. article 136 the members of the national assembly shall be elected for a period of five years which shall run from their installation, on january 9th of the year following the elections. article 137 the elected members of the national assembly and their alternates shall be sworn in by the president of the supreme electoral council. the national assembly shall be inaugurated by the supreme electoral council. article 138 the national assembly has the following functions: to prepare and approve new laws and decrees as well as to amend and repeal existing ones. to give an authentic interpretation of the law. to grant amnesty and pardon on their own initiative or on the initiative of the president of the republic. to request reports from ministers and the deputy ministers of the state, the public prosecutor and the deputy public prosecutor, the presidents and directors of autonomous and governmental entities which are under a strict obligation to submit them. it may also request their personal appearance and explanations. their appearance shall be compulsory, subject to the same conditions that are observed in judicial proceedings. the unjustified non-appearance constitutes a cause for removal from office. if it is held that there is sufficient cause for initiating removal proceedings, this decision entails the loss of immunity in those cases in which the official concerned enjoys it. if the national assembly considers the official to be unfit for the discharge of his/her office, it shall remove him/her from office by qualified majority of sixty percent of its members, and informs the president of the decision so that he/she gives effect to it within a period of three days. to grant or cancel the juridical personality of civil associations. to consider, discuss, and approve the draft of the annual law of the general budget of the republic and to be periodically informed of its execution in accordance with the procedure established in the constitution and the law. to elect the judges of the supreme court of justice from separate lists proposed for every position by the president of the republic and by the deputies of the national assembly, in consultation with the relevant civilian associations. the deadline for presenting the lists shall be fifteen days counting from the summoning of the national assembly for their election. in the absence of lists presented by the president of the republic, the proposals by deputies of the national assembly shall be sufficient. each judge shall be elected with the approval of at least sixty percent of the deputies of the national assembly. moreover, an equal number of associate judges (conjueces) shall be elected subject to the same requirements and procedures which apply to the appointment of magistrates of the supreme court of justice. to elect the members of the supreme electoral council and their alternates from separate lists proposed for each position by the president of the republic and the deputies of the national assembly, in consultation with the relevant civilian associations. the deadline for presenting the lists shall be fifteen days counting from the summoning of the national assembly for their election. in the absence of lists presented by the president of the republic, the proposals by the deputies of the national assembly shall be sufficient. each judge shall be elected with the approval of at least sixty percent of the deputies of the national assembly. elect with the approval of at least sixty percent of the deputies of the national assembly from separate lists proposed for each position by the president of the republic and the deputies of the national assembly, in consultation with the relevant civilian associations the superintendent and deputy superintendent of banks and other financial institutions. the public prosecutor who shall be in charge of the public prosecutor’s office, and the deputy public prosecutor who must fulfill the requirements needed for a magistrate of the supreme court of justice. the public prosecutor’s office is an independent institution with organizational, functional and administrative autonomy which has as its mission the indictment of delinquents and the representation of the interests of society and of the victims of crime in penal proceedings through the public prosecutor. it is only subordinated to the political constitution and the laws. the members of the superior council of the office of the comptroller general. the ombudsman and deputy ombudsman for the defense of human rights. all these officials are elected for a five-year term and shall enjoy immunity. the candidates proposed for the posts mentioned in subsections 7, 8 and in the present subsection may not be bound by family ties within the fourth level of consanguinity or the second level of marital relations to each other or to the president of the republic or the members of the national assembly nominating them, nor may they be members of the national, departmental or municipal leadership of political parties; if they are, they must resign from their party functions. the time period for submission of the lists of candidates shall be 15 days, starting with the date of the convening of the national assembly for their election. if no lists are presented by the president of the republic, the lists proposed by the deputies shall be sufficient. the national assembly may convene hearings with the candidates through special committees. the candidates must be duly qualified for the post and their application must include the documentation which is requested from them. to acknowledge, accept and determine the permanent absence of members of the national assembly. in the following cases their absence is considered permanent and therefore entails the loss of membership status: resignation death final sentence ordering imprisonment or disqualification from the post for an offense which is subject to tough sanction for a period of detention equal to or longer than their remaining term. absence from the parliamentary duties for sixty consecutive days within the same legislature without sufficient explanation given to the leadership council (junta directiva) of the national assembly violation of section 4 of article 130 of the constitution acceptance of remuneration from state, regional, or municipal funds for a position or employment in other branches of government or state enterprises, except for teaching or medical jobs. should a member accept to hold a position in another branch of government, he/she may be reinstated as member of the national assembly only after he/she has resigned from that other position. failure to meet the obligation of declaring their assets before the office of the comptroller general of the republic at the time of assuming office. to acknowledge and accept resignations and to decide on the removal from office of the officials mentioned in sections 7, 8, and 9 for the reasons and through the procedures established by law, with at least sixty percent of the total votes of the deputies of the national assembly needed if they are to be removed from office. to approve or reject international instruments concluded with states or entities which are subjects of international law. said international instruments may only be presented, discussed, approved or rejected in total, without the possibility to make amendments or additions to their text. the legislative approval shall give legal effect to them, inside and outside nicaragua, once they have entered into force internationally through the deposit or exchange of ratifications or the compliance with the conditions and deadlines provided for in the text of the international treaty or instrument. to approve any matter relating to patriotic symbols. to create honorific orders and decorations of a national character. to create and grant its own orders of a national character. to receive the annual report of the president. to elect its leadership council. to create permanent, special, and investigative committees. to bestow honorary pensions (pensiones de gracia) and honors on distinguished servants of the homeland and of humanity. to determine the political and administrative division of the national territory. to consider and make recommendations about the economic and social development policies and plans of the country. to fill permanent vacancies in the office of vice president and in the offices of president and vice president, should these occur simultaneously. to authorize the departure from the national territory of the president of the republic when this absence is longer than fifteen days, and that of the vice president when the president is absent from the national territory. to receive from the judicial authorities or directly from the citizens the charges or complaints pressed against officials enjoying immunity in order to consider and resolve them. to approve or amend the organic law and the rules governing its procedures. to authorize or prohibit the departure of nicaraguan troops from the national territory. to create, approve, amend, or terminate taxes and approve planned municipal rates. to approve, reject, or amend the executive decree which declares the suspension of constitutional rights and guarantees or the state of emergency, as well as their extensions. to receive annually the reports from the president of the superior council of the office of the comptroller general or from the person designated by the council; from the human rights ombudsman; from the public prosecutor; from the superintendent of banks and other financial institutions and from the president of the central bank, without prejudice of other information that may be required from them. to ratify within a delay not exceeding fifteen working days by vote of a simple majority of its total membership the appointment made by the president of the republic to the offices of minister and deputy minister of the state, attorney general and deputy attorney general, heads of diplomatic missions and presidents or directors of autonomous and governmental entities. the appointment is not considered as valid until the national assembly has ratified it. if ratification does not take place the president of the republic shall make a new appointment within thirty working days; the new appointment is subject to the aforementioned ratification procedure. to hold ordinary and extraordinary sessions. others functions conferred on it by the constitution and the laws. article 139 members of the national assembly shall not be liable for opinions expressed and votes cast in the national assembly and enjoy immunity in conformity with the law. article 140 the right to initiate legislation belongs to: each of the deputies of the national assembly who also enjoy the right to initiate decrees, resolutions, and legislative declarations. the president of the republic. the supreme court of justice, the supreme electoral council, the autonomous regional councils and municipal councils in matters of their competence. the deputies of the state of nicaragua in the central-american parliament. in this case they only have the right to initiate laws and legislative decrees on matters of regional integration. citizens. in this case, the initiative shall have to be supported by a number no fewer than five thousand signatures. excepted are the organic laws, tax laws, or laws of an international character and those involving amnesty and pardons. article 141 the quorum necessary to hold a meeting of the national assembly consists of half of its total membership plus one. to be approved, bills of law, decrees, resolutions, agreements, and declarations require the favorable vote of the absolute majority of the deputies present, except in those cases where the constitution requires another class of majority. every draft law shall be submitted to the secretariat of the national assembly together with an explanation of its motives. once they have been read in the plenary of the national assembly, all draft laws shall be sent directly to a committee. urgent draft legislation initiated by the president of the republic may be immediately submitted for discussion in plenary by the leadership council if the bill has been sent to the members of the assembly forty-eight hours in advance. drafts of codes and [other] comprehensive laws may be considered and approved chapter by chapter, if the plenary so decides. once the decision of the commission is received, it shall be read before the plenary and be subject to a general debate; if it is approved, it shall be subject to detailed debate. once a draft law is passed by the national assembly, it shall be sent to the president of the republic for his/her sanction, promulgation, and publication, except in those cases which do not require such measures. the amendments of the constitution and the constitutional laws and decrees approved by the national assembly do not need the approval of the executive power. in case that the president of the republic does not promulgate or publish the draft amendments to the constitution or constitutional laws; and if he/she does not approve, promulgate, or publish the other laws within a fifteen day period, the president of the national assembly shall order their publication in any written social communication media entering into force on this date without prejudice to its subsequent publication in la gaceta, the official gazette, which shall mention its publication date in the social communications media. the laws shall be regulated if they expressly determine it. the leadership council of the national assembly shall recommend the regulation of the laws to the respective commission for its approval in the plenary if the president of the republic does not do it within the established time limit. the laws may be derogated or amended only by other laws and go into effect from the day of their publication in la gaceta, the official gazette, except when these themselves establish another modality. when the national assembly approves substantial reforms of the laws, it may order that their integral text together with the amendments be published in la gaceta, the official gazette, except for amendments to the codes. the legislative initiatives presented in a legislature and not submitted for debate shall be considered in the subsequent session. those which may have been debated may not be considered in the same legislature. article 142 the president of the republic may veto totally or in part a draft law within the fifteen days following its receipt. if the president of the republic does not exercise this power nor sanction, promulgate, or publish the bill, the president of the national assembly shall order the law to be published in any national written diffusion media. in case of a partial veto, the president of the republic may introduce modification or suppressions in the provisions of the law. article 143 a draft law which has been vetoed in total or in part by the president of the republic shall be returned to the national assembly with an indication of the reasons which have motivated the veto. the national assembly may reject the total veto by a number of votes exceeding half of its total membership, in which case the president of the republic shall order the publication of the law. in the case of a partial veto the latter must indicate the reasons for each of the vetoed articles. the national assembly may, by vote of more than half of its members, reject the veto for every single article, in which case the president of the national assembly shall order the publication of the law. chapter iii. executive branch article 144 the executive power is exercised by the president of the republic, who is head of state, head of government, and supreme head of the army of nicaragua. article 145 the vice president of the republic fulfills the functions mentioned in this political constitution and those delegated to him/her by the president of the republic either directly or by law. in addition, the vice president shall replace the president’s in his/her functions in the case of a temporary or permanent absence. article 146 the election of the president and vice president of the republic takes place by universal, equal, direct, free and secret vote. those who receive a relative majority of the votes cast shall be elected. in the case of resignation, permanent absence or permanent incapacity of any of the candidates for president or vice president of the republic during the electoral process the political party which nominated them shall designate an alternate candidate or candidates. article 147 in order to be eligible as president or vice president it is necessary: to be a national of nicaragua. those who adopted another nationality must have renounced it at least four years before the election is held. to fully enjoy one’s civil and political rights. to be at least twenty-five years old. to reside continuously in the country for four years prior to the election; this does not apply to persons who during the aforementioned period were engaged in diplomatic missions, were working in international organizations or were pursuing studies overseas. the following persons may not run for president or vice president of the republic: family members within the fourth level of consanguinity or the second level of marital relations of the person who exercises or has exercised the full powers of the presidency at any time during the period in which the election for the following term takes place. persons who lead or finance a coup d’état or alter the constitutional order and, as a consequence of such actions, assume the leadership (jefatura) of the government ministeries or deputy ministeries, or leading positions in other branches of government. ministers of any religious faith unless they have renounced its practice at least twelve months prior to the election. the president of the national assembly, the ministers or vice ministers of the government, magistrates of the supreme court of justice and of the supreme electoral council, the members of the superior council of the office of the comptroller general office, the public prosecutor, the deputy public prosecutor, the attorney general and the deputy attorney general, the human rights ombudsman and the deputy human rights ombudsman and the mayors, unless they have resigned from office twelve months in advance of the election date. article 148 the elected president and the vice president of the republic shall assume their functions before the national assembly, in solemn session, and shall be sworn in by the president of the national assembly. the president and the vice president shall exercise their functions for a period of five years counting from their assuming office on the tenth of january of the year following their election. during this period they shall enjoy immunity, in accordance with the law. article 149 the president of the republic may leave the country during the exercise of his/her functions for a period no longer than fifteen days without any authorization. for a period which is longer than fifteen days but shorter than thirty days prior authorization of the national assembly shall be required. in this latter case the vice president shall take over the governmental functions of the presidency. the president of the republic may also leave the country for a period no longer than three months with the permission of the national assembly as long as he/she empowers the vice president to be the chief of state, but should the absence of the president exceed three months, whatever the reason, he/she shall lose the position by virtue of that fact alone, unless the national assembly should consider it a matter of force majeure and extend its permission for a prudent period. the absence from the country by the president of the republic without authorization by the national assembly for a period mandating such authorization or for a period longer than authorized shall be considered as abandonment of office. in case of the temporary absence of the president of the republic, the vice president may not leave without the prior authorization of the national assembly. the absence without this authorization shall be considered abandonment of office. should the vice president of the republic be absent from the country and the president of the republic should also have to leave the national territory in the exercise of his/her position, the corresponding minister shall assume the administrative functions according to the order of legal precedence. in no case may a president of the republic, who may have pending [a] criminal charge involving more than a correctional penalty, leave the country. the following situations are considered as cases of temporary absence from office of the president of the republic: temporary absences from the national territory for longer than fifteen days; the temporary impossibility or incapacity to exercise the his/her functions, determined by the national assembly and approved by two-thirds of the deputies. in addition to what is established by the present article, the following situations are considered as cases of permanent absence from office of the president and vice president of the republic: death. resignation, when accepted by the national assembly. total permanent incapacity determined by the national assembly and approved by two-thirds of the deputies. in case of the temporary absence of the president of the republic, the vice president shall assume the functions. in case of a simultaneous temporary impossibility or incapacity of the president and the vice president, the office of the president of the republic shall be assumed on an interim basis by the president of the national assembly. while exercising the office of the president of the republic on an interim basis, he/she shall be replaced by the first vice president of the national assembly. should the president of the republic be permanently absent, the vice president shall assume the office for the rest of the term and the national assembly shall elect a new vice president. in case of permanent absence of the vice president of the republic, the national assembly shall appoint the person who shall substitute him/her. should the absence of the president and vice president of the republic be permanent, the president of the national assembly or whoever is replacing the latter shall assume the office of the former. the national assembly shall appoint whoever must replace them within the first seventy-two hours from the occurrence of the vacancies. those appointed in this manner shall exercise their functions for the rest of the term. in all the cases mentioned, the national assembly shall elect the replacements from among its members. article 150 the president of the republic has the following functions: to comply with the political constitution and the laws and to make the officials depending on him/her comply with them as well. to represent the nation. to exercise the power of initiating legislation and the right of veto, in conformity with the provisions of this constitution. to issue executive decrees of general application on administrative matters. to prepare the draft of the general budget of the republic and to present it to the national assembly for its consideration and approval, to authorize it and publish it once it has been approved. to appoint and remove from office ministers and vice ministers of state, attorney general and deputy attorney general, directors of autonomous and governmental entities, heads of diplomatic missions and heads of special missions. the appointments must be presented within three days to the national assembly for their ratification and shall not be considered valid until the national assembly approves them. the officials are removed from office in those cases in which the national assembly has so decided in the exercise of its powers. to request the president of the national assembly to call special sessions during the recess period of the national assembly in order to legislate on urgent matters of the nation. to direct the international affairs of the republic. to negotiate, conclude and sign treaties, covenants, or agreements and other instruments provided for in section 12 of article 138 of the political constitution, [and submit them] to the national assembly for approval. to decree and implement the suspension of rights and guarantees in the cases provided by this political constitution, and to send the corresponding decree to the national assembly within a period not exceeding seventy-two hours for its approval, modification, or rejection. to implement laws by issuing the required regulations within a period not exceeding sixty days. to grant honorific orders and decorations of a national character. to organize and direct the government. to direct the economy of the country, determining its policy and socio-economic program. to create a national social economic planning council which supports him/her in determining the economic and social policy of the country. in the council business, labor, cooperative, and other organizations to be determined by the president of the republic shall be represented. submit to the national assembly proposals or lists with three names (ternas), as the case may be, for the election of the magistrates of the supreme court of justice, of the supreme electoral council, of the members of the superior council of the office of comptroller general, of the superintendent and deputy superintendent of banks and other financial institutions, of the public prosecutor and the deputy public prosecutor. to present to the national assembly the annual report and other reports and special messages. to provide the officials of the judicial power with the necessary support to make their decisions effective without any delay. others functions conferred by this constitution and the laws. article 151 the number, organization, and authority of the ministries of state, of the autonomous and governmental entities, and of state banks and other state financial institutions shall be determined by law. the ministers and vice ministers enjoy immunity. the decrees and decisions of the president of the republic must be countersigned by the ministers of state of the respective branches, except for those agreements that refer to the appointment or removal of ministers or vice ministers of state. the council of ministers shall be headed by the president of the republic and, in his/her absence, by the vice president. the council of ministers shall consist of the vice president of the republic and the ministers of state. its functions are determined by the constitution. the ministers and vice ministers of state and the presidents or directors of autonomous or governmental entities shall be personally responsible for the actions that they may have signed or authorized and jointly responsible with those who endorsed or agreed with the president of the republic or with other ministers of state. the ministers and vice ministers of state and the presidents or directors of autonomous or governmental entities shall provide to the national assembly the information that it may request relative to the business of their respective branches, whether in written or verbal form. they may also be taken to account by resolution of the national assembly. article 152 to be eligible for appointment as minister, vice minister, president or director of autonomous and governmental entities, ambassadors and superior chiefs of the army and police, candidates must meet the following requirements: be a national of nicaragua. those who adopted another nationality must have renounced it at least four years before the appointment date. be in full possession of their political and civil rights. be at least twenty-five years old. reside continuously in the country for four years prior to the appointment date. this shall not be applicable to those who during the aforementioned period were engaged in diplomatic missions, were working in international organizations or pursuing studies overseas. not eligible as ministers, vice ministers, presidents or directors of autonomous or governmental entities, heads of diplomatic missions and heads of special missions shall be: those who simultaneously hold another position in any of the other branches of government. those who have collected or administered public or municipal funds and have not been exonerated for their fiscal management. default debtors on debts of the public treasury. those covered by section 7 of article 130 of this constitution. article 153 ministers, vice ministers and presidents or directors of autonomous and governmental institutions are responsible for their acts in conformity with the constitution and the laws. chapter iv. of the office of the controller general of the republic article 154 the office of the controller general of the republic is the directing organism of the control system of the public administration and of the auditing of the government’s properties and resources. the superior council of the office of the controller general is herewith created to manage the same. it shall be composed of five proprietor members and three substitutes elected by the national assembly for a five-year term, during which they shall enjoy immunity. the sole and exclusive function of the substitutes is to replace temporal absences of the proprietors. its exercise requires previous appointment of the substitute member by the proprietor member to be replaced. article 155 the following corresponds to the office of the controller general of the republic: to establish a system of control which ensures the appropriate use of government funds in a preventive manner; subsequent control over the management of the general budget of the republic; the control, examination, and evaluation of the administrative and financial management of the public entities, those subsidized by the state, and public or private enterprises with participation of public capital. article 156 the office of the controller general is an independent organism, subject only to compliance with the constitution and laws; it enjoys functional and administrative autonomy. the national assembly authorizes the audits of its management. the office of the controller general shall make public the results of its investigations, and should penal responsibilities be presumed, it shall send its investigation to the tribunals of justice, being considered an accessory should it fail to do so, to the offenses later determined committed by those under investigation. the president and vice president of the superior council of the office of the controller general shall be elected from among the members of the superior council. the election shall be made by the members by majority of votes and for a one-year term. they may be reelected. the president of the superior council or the person appointed by him/her from among the members of the council shall report on the management of the entity to the national assembly, each year or when the latter requires it; this duty must be performed personally by either the president or the appointed member. article 157 the law shall determine the organization and functioning of the office of the controller general of the republic. chapter v. judicial branch article 158 justice emanates from the people and shall be carried out in their name and delegation by the judicial power, composed of the courts of justice that the law establishes. article 159 the courts of law form a unitary system whose highest organ is the supreme court of justice. the judicial power shall receive no less than four percent of the general budget of the republic. there shall be courts of appeal, district judges and local judges whose organization and functioning shall be determined by law. the judicial career shall be established and regulated by law. the jurisdictional competence of trying and executing decisions belongs exclusively to the judicial power. military tribunals shall only consider strictly military offenses and crimes, without prejudice to the petitions and appeals before the supreme court of justice. article 160 the administration of justice guarantees the principle of legality; it protects and safeguards human rights and guarantees access to justice through the application of the law in cases and proceedings falling within its jurisdiction. the administration of justice recognizes the citizens’ participation through the traditional leaders of the original tribes of the caribbean coast and the judicial facilitators in the whole country as alternative means of access to justice and dispute resolution in conformity with the law. a jurisdiction for administrative law disputes is established to examine the ordinary legality in cases of a general or of a special nature brought by those affected by administrative action against any acts, resolutions, general provisions, omissions or factual conduct of the public administration. the jurisdiction in administrative law disputes is exercised by the judicial bodies determined by law and in the final instance by the chamber for administrative law disputes in the supreme court of justice. article 161 in order to be eligible as a magistrate in the courts of laws the following requirements have to be met: to be a national of nicaragua. those who adopted another nationality must have renounced it at least four years in advance of the election date. to be a lawyer of recognized morality, to have held judicial office or exercised the profession for at least 10 years or to have been a magistrate in the courts of appeal for five years, at the time of seeking to be a magistrate in the supreme court of justice. to be in full possession of one’s political and civil rights. to be thirty-five years old and no older than seventy-five years on the day of election. not to have been suspended from the exercise of the legal or notary profession by a final judicial decision. not to be a member of the military on active duty or, being so, not to have resigned at least twelve months prior to the election; this shall not apply to the appointment of judges and magistrates of the military jurisdiction. reside continuously in the country for four years prior to the election date, except those who, during the aforementioned period, were engaged in diplomatic missions, were working in international organizations or pursuing studies overseas. article 162 the term of the magistrates of the supreme court of justice is five years. they can only be removed from office for causes provided for in the constitution and the law. the magistrates of the supreme court of justice enjoy immunity. article 163 the supreme court of justice shall consist of sixteen magistrates elected by the national assembly for a term of five years. the supreme court of justice shall be composed of chambers which shall consists of no less than three magistrates each, for terms of two and a half years, namely: the constitutional chamber, the civil, penal and administrative law chambers and the others determined by law. their organization and composition shall be agreed by the magistrates, according to the stipulations established by law in this matter. the magistrates sitting in each chamber shall elect by majority vote their president for a term of two and a half years. the court in full attendance shall hear and resolve the petitions of unconstitutionality, the disputes concerning distribution of powers and constitutionality between the branches of government, and disputes on constitutionality between the central government and the municipal governments of the autonomous regions on the caribbean coast. the national assembly shall appoint each associate judges. if any of the magistrates does not show up, is excused or is prevented from sitting for personal involvement or disqualification, the associate judges shall be called to serve in full court, in any of the court’s chambers or in the national council for judicial administration and career. the magistrates of the supreme court take office before the national assembly, after having been sworn in. they elect their president and vice president among themselves, by a majority of votes cast and for a term of two and a half years. they may be reelected. article 164 the supreme court of justice has the following functions: to organize and direct the administration of justice. to consider and determine ordinary and extraordinary remedies against decisions of the courts of law of the republic in accordance with the procedures established by law. to consider and determine amparo proceedings brought for violation of the rights established in the constitution in accordance with the law on constitutional justice. to consider and determine applications for judicial review of the constitutionality of laws. to appoint and discharge the magistrates of the appellate courts with the assenting vote of sixty percent of its members in accordance with the judicial service career law, and to appoint the members of the military tribunals in conformity with the organic law on military tribunals. to rule on requests of extradition of citizens of other countries and to deny those of nationals. to appoint or dismiss the secretary of the supreme court of justice, the ombudspersons and judges in the whole country in accordance with the constitution and the judicial service career law. to authorize the execution of sentences pronounced by foreign courts. to consider and resolve in final instance administrative conflicts between organs of the public administration and between the latter and individuals. to consider and resolve in final instance disputes that may occur between municipalities or between them and organs of the central government. to adopt its internal regulations. other functions conferred upon it by the constitution and the laws. article 165 a national council for judicial administration and career is created as a body of the supreme court of justice and is provided with technical and functional autonomy to exercise the competence to coordinate, plan and execute the administrative and financial policy of the judicial power, direct the judicial career and consider, investigate and resolve violations of the disciplinary regime committed by members of the profession and judicial career officials. the council shall consists of four magistrates of the supreme court of justice, including its president which shall chair it, as the president of the supreme court of justice is in charge of the administrative, legal and institutional representation of the judicial power. the remaining three members shall be elected with the favorable vote of the majority of the members of the plenary of the supreme court of justice. the members of the council do not form part of any of the chambers of the court and dedicate themselves exclusively to these functions during their term which shall run for two years and a half, save for sitting as members of the full court, and may in no case be replaced by magistrates sitting in any of the chambers. the council shall sit with a minimum of three of its members and shall adopt decisions with a majority of their votes. the council has the following functions: to plan and execute the administrative policy of the judicial power, to draft its budget, submitting it to the full court for approval, and to monitor and supervise the execution of the latter. to approve the appointment, transfer or dismissal of the administrative staff of this power of the state in conformity with the law, as well as to define the general policies of staff management. to appoint the general administrative secretary, and to organize and control the administrative dependencies of the judicial power. to supervise the administrative functioning of the public registries of real and commercial property, and of the common service offices. to appoint forensic physicians, agents in judicial proceedings, and public registrars of real and commercial property in accordance with the relevant law. to instruct, consider and resolve the complaints concerning light, grave and very grave disciplinary offences by forensic physicians, agents in judicial proceedings, and public registrars of real and commercial property, and to impose the sanctions established by the relevant law. to instruct, consider and resolve the complaints concerning light and grave disciplinary offences by ombudspersons, judges and magistrates of appeals courts, imposing the sanctions provided for by the judicial service career law and the relevant regulations. to instruct the charges and complaints concerning very grave offences by ombudspersons, judges and magistrates of appeals courts, and to submit to the supreme court of justice the results of the investigations and the respective recommendations. to submit to the full court the lists of candidates for filling vacancies in appeals courts, district and local courts, both for the office holders and their alternates, in accordance with the provisions of the judicial service career law. to organize and direct the proceedings for the incorporation and conferral of the titles of advocate and public notary, and to grant authorization for the exercise of the professions of advocate and notary, as well as to suspend and to rehabilitate them in conformity with the law. all other functions assigned to it by law. article 166 in their judicial activity magistrates and judges are independent and have to obey only the constitution and the law; they shall be governed by, among others, the principles of equality, swift proceedings and right to defense. in nicaragua justice is free of charge and public. the administration of justice shall be organized and shall function with popular participation as determined by the laws. article 167 state authorities, organizations, natural and legal persons have to comply strictly with the decisions and sentences of the courts and the judges addressed to them. chapter vi. electoral branch article 168 the organization, management and oversight of elections, plebiscites and referendums belongs exclusively to the electoral branch. article 169 the electoral branch is composed of the supreme electoral council and other, subordinate electoral organisms. article 170 the supreme electoral council is composed of seven members and three alternates, elected by the national assembly, according to subsection 8 of article 138. the members of the supreme electoral council shall elect its president and its vice presidents from its middle. their office term is one year, and they may be reelected. article 171 in order to be eligible as a magistrate of the supreme electoral council, it is necessary: to be a national of nicaragua. those who adopted another nationality must have renounced it at least four years in advance of the date of the election for office; to be in full possession of one’s civil and political rights; to be at least thirty-six years old but no older than seventy-five years on the day of election; reside continuously in the country for four years prior to the election. this shall not be applicable to those who, during the aforementioned period, were engaged in diplomatic missions, were working in international organizations or pursuing studies abroad. not eligible as magistrates of the supreme electoral council are: family members within the fourth level of consanguinity or the second level of marital relations of the candidates for president and vice president of the republic. in case of having already been elected before the presidential elections, he/she shall be involved and for this reason shall be inhibited from exercise during the entire electoral process and shall have to induct a substitute. those who hold positions of popular election or may be candidates in any of them. functionaries or employees of another power of the state in positions paid out of the fiscal funds, regional or municipal, except for those related to the profession of teaching or medicine. soldiers in active service or those who, though no longer active, did not resign at least twelve months prior to the election. abrogated. article 172 the magistrates of the supreme electoral council exercise their functions for a period of five years from the time they take office; during this period they enjoy immunity. article 173 the supreme electoral council has the following functions: to organize and direct the elections, plebiscites, or referenda that are held in accordance with the provisions established in the constitution and the laws. to appoint the members of the other electoral bodies in accordance with the electoral law. to prepare the election calendar. to apply the constitutional and legal provisions relating to the electoral process. to consider and to resolve in final instance the resolutions dictated by the subordinate electoral bodies and the claims and charges that political parties may present. to take in accordance with the relevant law the appropriate measures so that the electoral process may take place in full liberty. to request from the appropriate organs security measures for the political parties taking part in the elections. to undertake the final count of the votes cast in the elections, plebiscites and referenda, and to make the final announcement of the results. to adopt its own rules of procedure. to organize under its authority the central register of the civil status of persons, the certification of citizenship, and the electoral census. to confer the juridical personality of political parties on groups which meet the requirements established by law. to cancel the juridical personality of the political parties that have not obtained at least four percent of the total valid votes in the general elections, and cancel or suspend it in the other cases established by the relevant law. to monitor and resolve disputes concerning the legitimacy of the representatives and the leaders of political parties and concerning the fulfillment of the legal provisions that refer to the political parties, their statutes, and regulations. the other functions assigned to it by the constitution and the laws. no appeal, ordinary or extraordinary, shall lie against the decisions taken by the supreme council on electoral matters. article 174 the magistrates of the supreme electoral council and their alternates shall assume their functions after they have been sworn in by the president of the national assembly. title ix. political administrative division chapter i. of municipalities article 175 the national territory shall be divided for the purpose of its administration into departments, autonomous regions of the atlantic coast, and municipalities. the relevant laws shall determine their creation, extension, number, organization, structure, and the functioning of the various territorial units (circumscripciones). article 176 the municipality is the basic unit of the political-administrative division of the country. article 177 municipalities possess administrative and financial autonomy. the municipal authorities are responsible for their administration and management. autonomy neither exempts nor inhibits the executive branch nor the other branches of government from their obligations and responsibilities with the municipalities. the obligation to assign a sufficient percentage of the general budget of the republic to the municipalities of the country, which shall be distributed giving priority to the municipalities with less capacity for revenues, is established. the percentage and their distribution shall be determined by law. autonomy is regulated according to the law of municipalities, which shall require for its approval and amendment the favorable vote of an absolute majority of the deputies. the municipal governments have competence in matters affecting the socio-economic development of their administrative unit. regarding contracts which regulate the efficient exploitation of natural resources located in their municipality, the state shall request and take into account the opinion of municipal governments prior to their authorization. the law of municipalities shall include, among other aspects, the municipal powers, the relations with the central government, with the indigenous peoples of the entire country, and with all authorities of the state, as well as the inter-institutional coordination. article 178 the mayor, the vice mayor, and the councilors shall be elected by the people by means of a universal, equal, direct, free, and secret vote in accordance with the law. those candidates who have obtained the relative majority of the votes shall be elected mayor and vice mayor. the councilors shall be elected on the basis of proportional representation, in accordance with the electoral quotient. the term of the municipal authorities shall be five years, starting with their inauguration before the supreme electoral council. the nomination for the posts of mayor and vice mayor must be based on the principle of the equal and fair treatment of the sexes in the exercise of local power, as one of them must be a woman and the other a man, respecting the proportionality between the two sexes. the political parties and electoral alliances must present in their list of candidates for mayor, vice mayor and councilors fifty percent of men and fifty percent of women. to be eligible as mayor, the following qualifications are required: to be a nicaraguan national. to be in full possession of one’s civil and political rights. to be at least twenty-one years old. to have resided or worked continuously in the country for four years prior to the election; this shall not apply to those who were engaged in diplomatic missions or pursuing studies abroad; in addition, to have resided continuously in the last two years in the municipality in which the candidate tries to get elected. the councilors, mayor, and vice mayor may lose their position for the following reasons: resignation of the position. death. final sentence of imprisonment or disqualification from office on account of a crime subject to a severe penalty for a period equal to or longer than the rest of their term. relinquishment of the functions for sixty continuous days. violation of section 4 of article 130 of the constitution. failure to meet the obligation of declaring one’s assets before the office of the comptroller general of the republic at the time of assuming office. having been declared liable for the mismanagement of municipal funds (fondos de la alcaldía) by a decision of the office of the comptroller general of the republic. in the case of sections (d) and (e), the competent municipal council shall pass a resolution declaring that the mayor or the councilor has been involved in a situation which causes him/her to be removed from office. this resolution or the public or authorized documents that substantiate the circumstances mentioned in the other subsections shall be transmitted to the supreme electoral council together with the name of the alternate who shall take over, which shall be the vice mayor when the mayor is replaced, or any of the elected councilors when the vice mayor is replaced, or the request to declare one of the alternates elected council member in case a councilor is replaced. the supreme electoral council shall swear them in and introduce them into their functions within a period not exceeding fifteen days. the restrictions applying to the employment of the councilors in the municipal administration and the regime of allowances shall be regulated by law. article 179 the state shall promote the integral and harmonious development of the diverse parts of the national territory. chapter ii. communities of the atlantic coast article 180 the communities of the caribbean coast carribbean coast have the inalienable right to live and develop themselves under the forms of political-administrative, social and cultural organization that correspond to their historic and cultural traditions. the members of autonomous regional councils shall be elected by the people by universal, equal, direct, free and secret vote for a term of five years, in conformity with the law. the state guarantees these communities the benefits of their natural resources, the effectiveness of their forms of communal property and the free election of their authorities and representatives. furthermore, it guarantees the preservation of their cultures and languages, religions and customs. article 181 the state shall organize by means of a law the regime of autonomy for the indigenous peoples and ethnic communities of the atlantic coast, which shall have to contain, among other rules: the functions of their government organs, their relation with the executive and legislative power and with the municipalities, and the exercise of their rights. this law shall require for its approval and reform the majority established for the amendment of constitutional laws. the concessions and contracts of rational exploitation of the natural resources granted by the state in the autonomous regions of the atlantic coast must have the approval of the corresponding regional autonomous council. the members of the regional autonomous councils of the atlantic coast can lose their condition for the reasons and procedures established by law. title x. supremacy of the constitution, its reform and constitutional laws chapter i. of the political constitution article 182 the political constitution is the fundamental charter of the republic; all other laws are subordinate to it. any laws, treaties, orders or provisions that oppose it or alter its provisions shall have no value. article 183 no power of the state, governmental organism or functionary shall have any authority, faculty or jurisdiction other than those conferred by the political constitution and the laws of the republic. article 184 the electoral law, the emergency law and the law on constitutional justice are constitutional laws which are enacted under the authority of the political constitution of nicaragua. article 185 the president of the republic, in the council of ministers, can decree, for the totality or part of the national territory and for a given time subject to extension, the suspension of rights and guarantees when the security of the nation, the economic conditions, or some national catastrophe demand it. the law of emergency shall regulate its modalities. article 186 the president of the republic may not suspend the rights and guarantees established in articles 23; 24; 25, no. 3; 26, no. 3; 27; 29; 33, nos. 2.1 (final part), 3 and 5; 34, except nos. 2 and 8; 35; 36; 37; 38; 39; 40; 41; 42; 43; 44; 46; 47; 48; 50; 51; 56; 57; 58; 59; 60; 61; 62; 63; 64; 65; 67; 68, first section; 69; 70; 71; 72; 73; 74; 75; 76; 77; 78; 79; 80; 81; 82; 84; 85; 87; 89; 90 and 91. chapter ii. constitutional control article 187 an application for judicial review of any law, decree or regulation that is incompatible with the political constitution may be brought by any citizen. article 188 the writ of amparo may be used to challenge any provision, act or resolution and more generally any action or omission of any official or authority or one of the agents of the latter who is violating or trying to violate the rights and guarantees affirmed in the political constitution. article 189 the writ of habeas corpus may be used by anyone whose liberty, physical integrity or security is being violated or is in danger of being violated. article 190 the following writs and procedures of constitutional review are also established: the writ of habeas data as guarantee for the protection of personal data stored in archives, registries, data banks and other storage media of a public or private character whose publicity constitutes an invasion of privacy and is of relevance for the processing of sensitive data of persons in their private and family life. the remedy of habeas data is available to any person who wants to know by whom, when, for what purpose and in what circumstances his personal data were used and became the object of unwarranted publicity. the dispute on jurisdiction and constitutionality between the powers of the state. the representatives of the powers of the state initiate a dispute on jurisdiction and constitutionality if they consider that a law, decree, regulation, act, resolution or provision of another body invades its distinct area of competence. the review of constitutionality in an individual case as an incidental control mechanism. if in a case pending before a judicial authority the latter considers that a provision on whose validity the outcome of the case depends is contrary to the constitution, it must proceed to the declaration of its unconstitutionality in the case at hand. the parties to the proceedings may apply for a declaration of unconstitutionality of a provision which is applicable to the case. the judicial authority must issue a ruling on the issue, either accepting or rejecting the claim of unconstitutionality. the disputes on constitutionality between the central government and the municipal governments of the autonomous regions of the caribbean coast. the law on constitutional justice shall regulate the remedies and mechanisms established in this chapter. chapter iii. constitutional reform article 191 the national assembly has the authority to partially reform this political constitution and to consider and decide on initiatives for its total revision. the right to initiate a partial reform belongs to the president of the republic or to onethird of the members of the national assembly. half of the total membership of the national assembly plus one are required to initiate a total reform. article 192 a proposal for partial reform must specify the article or articles to be amended with a statement of the reasons for the modification. the proposal must be sent to a special commission which shall issue an opinion within a period of no more than sixty days. the reform initiative shall then follow the same process as the enactment of a statute. a proposal for partial reform must be discussed in two sessions of the national assembly. article 193 the initiative for a total reform of the constitution shall follow the process established in the previous article with regard to its presentation and explanation. upon the approval of the initiative for a total reform, the national assembly shall fix the period in which the elections to a national constituent assembly have to be held. the national assembly continues its mandate until the installation of the new constituent national assembly. until a new constitution has been approved by the constituent national assembly, this constitution shall remain in effect. article 194 approval of a partial reform shall require a favorable vote by sixty percent of the members of the national assembly. two-thirds of the total membership are required to approve a total reform. the president of the republic shall promulgate the partial reform and in this case may not exercise the right to veto. article 195 the reform of constitutional laws shall be made in accordance with the procedure established for partial reform of the constitution, with the exception of the requirement of discussion in two legislative sessions. title xi. final and transitional provisions sole chapter article 196 this constitution shall apply from the time of its publication in la gaceta, diario oficial, and repeals the all other legal provisions inconsistent with it. the existing legal order continues to apply to the extent that it is not contrary to the present constitution. article 197 this constitution shall be widely disseminated in the official language of the country. it shall also be disseminated in the languages of the communities of the atlantic coast. article 198 [repealed by law no. 854] article 199 [repealed by law no. 854] article 200 [repealed by law no. 854] article 201 [repealed by law no. 854] article 202 for official copies of this constitution shall be signed in four copies by the president and the members of the national assembly and by the president of the republic. they shall be kept in the offices of the presidency of the national assembly, the presidency of the republic, the presidency of the supreme court of justice and the presidency of the supreme electoral council, and each one shall be considered as an authentic text of the political constitution of nicaragua. the president of the republic shall publish it in la gaceta, diario oficial. preamble the armenian people, accepting as a basis the fundamental principles of armenian statehood and pan-national aspirations enshrined in the declaration on the independence of armenia, having fulfilled the sacred behest of its freedom-loving ancestors to restore the sovereign state, dedicated to the strengthening and prosperity of the fatherland, with the aim of ensuring the freedom, general well-being, and civic solidarity of the generations, and affirming its commitment to universal values, adopts the constitution of the republic of armenia. chapter 1. the foundations of constitutional order article 1 the republic of armenia is a sovereign, democratic, social, and rule-of-law state. article 2 in the republic of armenia, the power belongs to the people. the people shall exercise its power through free elections, referenda, as well as through state and local self-government bodies and officials prescribed by the constitution. usurpation of the power by any organization or individual shall be a crime. article 3. the human being, his dignity, fundamental rights, and freedoms the human being shall be the supreme value in the republic of armenia. the inalienable dignity of the human being shall be the integral basis of his rights and freedoms. the respect for and protection of the fundamental rights and freedoms of the human being and the citizen shall be the duties of the public power. the public power shall be bound by the fundamental rights and freedoms of the human being and the citizen as the directly applicable law. article 4. the principle of separation and balance of the powers state power shall be exercised in accordance with the constitution and the laws, based on the separation and balance of the legislative, executive, and judicial powers. article 5. the hierarchy of legal norms the constitution shall have supreme legal force. laws shall conform to the constitutional laws, and sub-legislative normative legal acts shall conform to the constitutional laws and laws. in case there are contradictions between the norms of international treaties ratified by the republic of armenia and the norms of laws, the norms of the international treaties shall be applied. article 6. the principle of legality state and local self-government bodies and officials shall have the power to perform only such acts for which they are empowered by the constitution or laws. bodies prescribed by the constitution, based on the constitution and laws and with the purpose of ensuring their implementation, may be authorized by the law to adopt sub-legislative normative legal acts. authorizing norms shall comply with the principle of legal certainty. laws and sub-legislative normative legal acts shall come into force after being published in the manner stipulated by law. article 7. the suffrage principles elections of the national assembly and community councils, as well as referenda shall be carried out on the basis of universal, equal, free, and direct suffrage, by secret vote. article 8. ideological pluralism and the multipartisan system ideological pluralism and the multipartisan system shall be guaranteed in the republic of armenia. parties shall be formed and operate freely. equal legal opportunities for activities of the parties shall be guaranteed by law. parties shall promote the formulation and expression of the people’s political will. the structure and activities of parties may not contravene the democratic principles. article 9. guaranteeing local self-government local self-government is guaranteed in the republic of armenia as one of the essential foundations of democracy. article 10. guaranteeing property all forms of property shall be recognized and equally protected in the republic of armenia. subsoils and water resources shall be exclusive property of the state. article 11. the economic order the basis of the economic order in the republic of armenia shall be the social market economy, which shall be based on private property, freedom of economic activity, free economic competition, and through the state policy aimed at general economic well-being and social justice. article 12. preservation of the environment and sustainable development the state shall promote the preservation, improvement, and regeneration of the environment, and the reasonable utilization of natural resources, governed by the principle of sustainable development and taking into account the responsibility towards future generations. everyone shall take care of the preservation of the environment. article 13. foreign policy the foreign policy of the republic of armenia shall be conducted on the basis of international law with the aim of establishing good-neighborly and mutually-beneficial relations with all states. article 14. the armed forces and defense the armed forces of the republic of armenia shall ensure the defense, security, and territorial integrity of the republic of armenia, and the inviolability of its borders. the armed forces of the republic of armenia shall maintain neutrality in political matters and shall be under civilian control. every citizen shall be obliged to participate in the defense of the republic of armenia in the manner stipulated by law. article 15. promotion of culture, education, and science, protection of the armenian language and cultural heritage the state shall promote the development of culture, education, and science. the armenian language and the cultural heritage shall be under the care and protection of the state. article 16. protection of the family family, being the natural and fundamental cell of society and the basis for the preservation and reproduction of the population, as well as motherhood and childhood shall be under special protection and aegis of the state. article 17. the state and religious organizations the freedom of activity of religious organizations shall be guaranteed in the republic of armenia. religious organizations shall be separate from the state. article 18. the armenian apostolic holy church the republic of armenia shall recognize the exceptional mission of the armenian apostolic holy church, as the national church, in the spiritual life of the armenian people, in the development of its national culture, and in the preservation of its national identity. the relationship between the republic of armenia and the armenian apostolic holy church may be regulated by a law. article 19. ties with the armenian diaspora the republic of armenia shall carry out a policy aimed at developing comprehensive ties and preserving armenianness with the armenian diaspora, and shall facilitate repatriation. based on international law, the republic of armenia shall contribute to protecting the armenian language and armenian historical and cultural values in other countries, and advancing armenian educational and cultural life in such countries. article 20. the state language of the republic of armenia the armenian language shall be the state language of the republic of armenia. article 21. the symbols of the republic of armenia the flag of the republic of armenia shall be tricolor with equal horizontal stripes of red, blue, and orange. the coat of arms of the republic of armenia shall depict, in the center on a shield, mount ararat with noah’s ark and the coats of arms of the four kingdoms of historical armenia. the shield is held by an eagle and a lion, while a sword, a branch, a sheaf, a chain, and a ribbon are depicted below the shield. the detailed description of the flag and the coat of arms shall be stipulated by law. the anthem of the republic of armenia shall be stipulated by law. article 22. the capital of the republic of armenia the capital of the republic of armenia is yerevan. chapter 2. fundamental rights and freedoms of the human being and the citizen article 23. human dignity human dignity is inviolable. article 24. the right to life everyone shall have the right to life. no one may be arbitrarily deprived of life. no one shall be condemned to the death penalty, or executed. article 25. the right to physical and mental integrity everyone shall have the right to physical and mental integrity. the right to physical and mental integrity may be restricted only by law, with the aim of protecting state security, preventing or solving crimes, protecting the public order, health and morals, or the fundamental rights and freedoms of others. in the fields of medicine and biology, in particular, eugenic experiments making human organs and tissues a source of financial gain, and the reproductive cloning of the human being shall be prohibited. no one shall be subjected to scientific, medical or other experiments without his freely and clearly expressed consent. a person shall in prior be informed about the potential consequences of such experiments. article 26. the prohibition of torture, inhuman or degrading treatment or punishment no one shall be subjected to torture, inhuman or degrading treatment or punishment. corporal punishments shall be prohibited. persons deprived of liberty shall have the right to humane treatment. article 27. personal liberty everyone shall have the right to personal liberty. no one may be deprived of personal liberty except in the following cases and in the manner stipulated by law: a competent court has convicted the person for committing a crime; for failing to comply with a lawful court order; for the purpose of securing the fulfillment of a certain obligation stipulated by law; for presenting the person before a competent body when there exists a reasonable suspicion that the person has committed a crime, or when it is reasonably necessary for the purpose of preventing the commission of a crime by such person or preventing his fleeing after having committed one; for the purpose of placing a minor under educational oversight or bringing him before a competent body; for the purpose of preventing the spreading of infectious diseases dangerous for the public, as well as for the purpose of preventing danger emanating from persons having a mental disorder or alcoholics or drug addicts; for the purpose of preventing the unauthorized entry of a person into the republic of armenia, or for deporting a person or extraditing a person to another state. everyone deprived of personal liberty shall be informed promptly, in a language which he understands, of the reasons for deprivation of liberty, and in case of filing criminal charges, also of the charges. everyone deprived of personal liberty shall have the right to have a person of his choosing be immediately notified about it. the exercise of this right may be postponed only in the cases, manner, and time period stipulated by law, with the aim of preventing or solving crimes. if, within a reasonable period of deprivation of liberty, but within not more than 72 hours, a court makes no decision to permit continued deprivation of liberty of a person deprived of liberty under paragraph 1(4) of this article, then he shall be released immediately. everyone deprived of personal liberty shall have the right to challenge the lawfulness of depriving him of liberty, about which the court shall promptly render a decision and shall order his release if the deprivation of liberty is unlawful. no one may be deprived of personal liberty only for the reason of being unable to fulfill his civil-law obligations. article 28. general equality before the law everyone shall be equal before the law. article 29. the prohibition of discrimination any discrimination based on sex, race, skin color, ethnic or social origin, genetic features, language, religion, worldview, political or any other views, belonging to a national minority, property status, birth, disability, age, or other personal or social circumstances shall be prohibited. article 30. equality of rights between women and men women and men shall have equal rights. article 31. inviolability of private and family life and of honor and reputation everyone shall have the right to inviolability of his private and family life, honor and reputation. the right to inviolability of private and family life may be restricted only by law with the aim of protecting state security, the economic well-being of the country, preventing or solving crimes, protecting the public order, health and morals, or the fundamental rights and freedoms of others. article 32. inviolability of the home everyone shall have the right to inviolability of the home. the inviolability of the home may be restricted only by law with the aim of protecting state security, the economic well-being of the country, preventing or solving crimes, protecting the public order, health and morals, or the fundamental rights and freedoms of others. a home may be searched only by court decision in the cases and the manner stipulated by law. the law may prescribe other cases of restricting the right to inviolability of the home by court decision. article 33. freedom and confidentiality of communication everyone shall have the right to freedom and confidentiality of correspondence, telephone conversations and other means of communication. the freedom and confidentiality of communication may be restricted only by law, with the aim of protecting state security, the economic well-being of the country, preventing or solving crimes, protecting the public order, health and morals, or the fundamental rights and freedoms of others. the confidentiality of communication may be restricted only by court decision, except when it is necessary for protecting state security and is conditioned by the special status, stipulated by law, of those communicating. article 34. the protection of personal data everyone shall have the right to protection of data concerning him. personal data shall be processed in good faith for purposes stipulated by law, with the consent of the person or without such consent if another legitimate ground stipulated by law is present. everyone shall have the right to become acquainted with the data collected about him in state and local self-government bodies and the right to demand to correct any incorrect data about him, as well as to eliminate data about him that was unlawfully obtained or no longer has a legal foundation. the right to become acquainted with personal data may be restricted only by law with the aim of protecting state security, the economic well-being of the country, preventing or solving crimes, protecting the public order, health and morals, or the fundamental rights and freedoms of others. details related to the protection of personal data shall be stipulated by law. article 35. freedom to marry a man and a woman of marriageable age shall have the right to marry each other and form a family by free expression of their will. the age of marriage and the procedure of marrying and divorcing shall be stipulated by law. in marrying, during marriage, and in divorce, a man and a woman shall have equal rights. the freedom to marry may be restricted only by law with the aim of protecting health and morals. article 36. rights and obligations of parents parents shall have the right and obligation to take care of the rearing, education, health, and comprehensive and harmonious development of their children. deprivation or limitation of parental rights may be performed only by law, by court decision with the aim of safeguarding the vital interests of the child. adult able-bodied persons are obliged to take care of their parents who are not able-bodied and are in need. details shall be stipulated by law. article 37. the rights of a child a child shall have the right to express his opinion freely, which shall be taken into consideration in matters concerning the child in accordance with his age and maturity. in matters concerning the child, the interests of the child shall merit primary attention. every child shall have the right to maintain a regular personal relationship and direct contacts with his parents, unless a court decision has found it to be contrary to the child’s interests. details shall be stipulated by law. children left without parental care shall be under the care and protection of the state. article 38. the right to education everyone shall have the right to education. the programs and duration of compulsory education shall be stipulated by law. secondary education in state educational institutions is free of charge. everyone shall have the right to receive, in the cases and manner stipulated by law, free education in state higher and other vocational education institutions on the basis of competition. the institutions of higher education shall, within the framework stipulated by law, have the right to self-governance, including to academic and research freedom. article 39. the right of a human being to act freely a human being shall be free to do all that does not violate the rights of others and does not contradict the constitution and laws. no one may bear obligations that are not stipulated by law. article 40. the right to freedom of movement everyone legally present in the territory of the republic armenia shall have the right to freedom of movement and the right to choose a place of residence. everyone shall have the right to exit the republic of armenia. every citizen and everyone who has the right to legally reside in the republic of armenia shall have the right to enter the republic of armenia. the right to freedom of movement may be restricted only by law with the aim of protecting state security, preventing or solving crimes, protecting the public order, health and morals, or the fundamental rights and freedoms of others. a citizen’s right to enter the republic of armenia shall not be subject to restriction. article 41. the freedom of thought, conscience, and religion everyone shall have the right to the freedom of thought, conscience, and religion. this right shall include the freedom to change one’s religion or beliefs and the freedom, either alone or in community with others in public or in private, to manifest religion or beliefs in preaching, church ceremonies, other rituals of worship or in other forms. the expression of the freedom of thought, conscience, and religion may be restricted only by law with the aim of protecting state security, the public order, health and morals, or the fundamental rights and freedoms of others. every citizen for whom military service contradicts his religion or beliefs shall have the right to replace it with alternative service in the manner stipulated by law. religious organizations shall have equal rights and shall enjoy autonomy. the procedure of creation and operation of religious organizations shall be stipulated by law. article 42. the freedom of expression of opinion everyone shall have the right to freely express his opinion. this right shall include freedom to hold own opinions, as well as to seek, receive, and impart information and ideas by any means of information without interference by state or local self-government bodies and regardless of state frontiers. the freedom of the press, radio, television and other means of information shall be guaranteed. the state shall guarantee the activities of an independent public television and radio offering a diversity of informational, educational, cultural, and entertainment programs. the freedom of expression of opinion may be restricted only by law with the aim of protecting state security, the public order, health and morals, or honor and reputation of others, and other fundamental rights and freedoms. article 43. the freedom of creation everyone shall have the freedom of literary, fine arts, scientific, and technical creation. article 44. the freedom of assembly everyone shall have the right to freely organize and participate in peaceful and unarmed assemblies. in cases stipulated by law, outdoor assemblies shall be conducted on the basis of prior notification given within a reasonable period. no notification shall be required for spontaneous assemblies. the law may prescribe restrictions on the exercise of the right to freedom of assembly for judges, prosecutors, investigators, as well as servicemen of the armed forces, the national security, the police, and other militarized bodies. the conditions and procedure of exercising and protecting the freedom of assembly shall be stipulated by law. the freedom of assembly may be restricted only by law with the aim of protecting state security, preventing crimes, protecting the public order, health and morals, or the fundamental rights and freedoms of others. article 45. the freedom of association everyone shall have the right to the freedom of association with others, including the right to form and to join trade unions for the protection of labor interests. no one shall be compelled to join any private association. the procedure of creation and operation of associations shall be stipulated by law. the freedom of association may be restricted only by law with the aim of protecting state security, the public order, health and morals, or the fundamental rights and freedoms of others. the activities of associations may be suspended or prohibited only by a court decision in cases and in the manner stipulated by law. article 46. the right to create a party and to become a member of a party every citizen shall have the right to create a party with other citizens and the right to become a member of a party. no one shall be compelled to become a member of a party. judges, prosecutors, and investigators may not be members of a party. the law may prescribe restrictions on the right to create and become a member of a party by servicemen of the armed forces, the national security, the police, and other militarized bodies. parties shall publish annual reports on the sources of their financial means and expenditures, as well as on their property. in cases stipulated by law, the activities of a party may be suspended by a decision of the constitutional court. parties that advocate the violent overthrow of the constitutional order or use violence for overthrowing the constitutional order shall be unconstitutional and are subject to prohibition by decision of the constitutional court. article 47. the right to citizenship of the republic of armenia a child born to citizens of the republic of armenia shall be a citizen of the republic of armenia. every child whose one parent is a citizen of the republic of armenia shall have the right to acquire citizenship of the republic of armenia. armenians by ethnicity shall have the right to acquire citizenship of the republic of armenia from the moment of establishing residence in the republic armenia. armenians by ethnicity shall acquire citizenship of the republic of armenia through a simplified procedure stipulated by law. a citizen of the republic of armenia may not be deprived of citizenship. a citizen of the republic of armenia may not be deprived of the right to change citizenship. the procedure of exercising the rights stipulated by this article, the other grounds of acquiring citizenship of the republic of armenia, and the grounds of termination shall be stipulated by law. the rights stipulated by paragraphs 2-4 and by the second sentence of paragraph 5 of this article may be restricted only by law with the aim of protecting state security, preventing or solving crimes, as well as protecting other public interests. citizens of the republic of armenia, while outside of the borders of the republic of armenia, shall be under the protection of the republic of armenia on the basis of international law. article 48. right to vote and right to participate in a referendum citizens of the republic of armenia, which have attained the age of 18 on the day of an election to the national assembly or on the day of a referendum, shall have the right to vote in such election and to take part in such referendum. anyone who has attained the age of 25, for the preceding four years has been a citizen of only the republic of armenia, has permanently resided in the republic of armenia for the preceding four years, has voting right, and has a command of the armenian language may be elected as a member of the national assembly. citizens of the republic of armenia, which have attained the age of eighteen on the day of the election of local self-government bodies or of a local referendum, shall have the right to vote and to be elected in such election or the right to take part in such local referendum. the law may prescribe the right of persons not having citizenship of the republic of armenia to participate in elections of local self-government bodies and in a local referendum. persons declared as legally incapable by a court judgment that has entered into legal force, as well as persons convicted and serving a sentence, according a court judgment that has entered into legal force, for the intentional commission of a grave crime may not vote and be elected or take part in a referendum. citizens convicted and serving a sentence, according to a court judgment that has entered into legal force, for other crimes shall also not have the right to be elected. article 49. the right to enter the public service every citizen shall have the right to enter the public service on an equal basis. details shall be stipulated by law. article 50. the right to proper administration everyone shall have the right to the impartial and fair examination by administrative authorities, within a reasonable period, of cases concerning him. during the administrative procedure, everyone shall have the right to become acquainted with all the documents concerning him, save for secrets protected by law. state and local self-government bodies and officials shall hear the person before adopting an individual interfering act regarding such person, except for cases stipulated by law. article 51. the right to receive information everyone shall have the right to receive information on the activities of state and local self-government bodies and officials and to become acquainted with documents about such activities. the right to receive information may be restricted only by law with the aim of protecting public interests or fundamental rights and freedoms of others. the procedure of receiving information, as well as the grounds of liability of officials for concealing information or groundlessly refusing to provide information, shall be stipulated by law. article 52. the right to apply to the human rights defender everyone shall have the right to receive the support of the human rights defender, in case of violation of his rights and freedoms enshrined in the constitution and laws by state and local self-government bodies and officials or, in cases provided by the law on the human rights defender, by organizations. details shall be stipulated by law. article 53. the right to submit a petition everyone shall have the right to submit, individually or in community with others, petitions to state and local self-government bodies and officials and to receive an appropriate reply within a reasonable period. details shall be stipulated by law. article 54. the right to political asylum everyone subject to political persecution shall have the right to seek political asylum in the republic of armenia. the procedure and conditions of granting political asylum shall be stipulated by law. article 55. the prohibition of deportation or extradition no one may be deported or extradited to a foreign state, if there is a real danger that such person may be subjected to the death penalty, torture, inhuman or degrading treatment or punishment in that country. a citizen of the republic of armenia may not be extradited to a foreign state, except for cases prescribed by the international treaties ratified by the republic of armenia. article 56. the right to preserve national and ethnic identity everyone shall have the right to preserve his national and ethnic identity. persons belonging to national minorities shall have the right to preserve and develop their traditions, religion, language, and culture. the exercise of the rights stipulated by this article shall be regulated by law. article 57. the freedom to choose employment and the labor rights everyone shall have the right to free choice of employment. every worker shall have the right to protection in case of groundless dismissal from employment. the grounds of dismissal from employment shall be stipulated by law. it shall be prohibited to dismiss from employment due to reasons related to maternity. every employed woman shall have the right to paid leave in case of pregnancy and child delivery. every employed parent shall have the right to leave in case of child birth or child adoption. details shall be stipulated by law. it shall be prohibited to hire children under the age of 16 for full-time employment. the procedure and conditions of hiring them for part-time employment shall be stipulated by law. forced or compulsory labor shall be prohibited. the following shall not be considered forced or compulsory labor: work that is performed by a convicted person according to law; military service or alternative service; and any work that is required in case of emergency situations threatening the life or well-being of the population. article 58. the right to a strike workers shall have the right to strike for the protection of their economic, social, or labor interests. the procedure of conducting a strike shall be stipulated by law. the right to a strike may be restricted only by law with the aim of protecting public interests or the fundamental rights and freedoms of others. article 59. the freedom of economic activities and guaranteeing economic competition everyone shall have the right to engage in economic, including entrepreneurial activities. the conditions and procedure of exercising this right shall be stipulated by law. the restrictions of competition, the possible types of monopoly, and their permitted sizes may be stipulated only by law with the aim of protecting public interests. abuse of monopolistic or dominant position in the market, bad-faith competition, and anti-competitive agreements shall be prohibited. article 60. the right to property everyone shall have the right to own, use, and dispose at his discretion the lawfully-acquired property. the right of inheritance shall be guaranteed. the right to property may be restricted only by law with the aim of protecting the interests of the public or the fundamental rights and freedoms of others. no one shall be deprived of property, except by court procedure in cases stipulated by law. the expropriation of property for prevailing interests of the public shall be performed in exceptional cases stipulated by law and in the manner stipulated by law, and only with prior adequate compensation. foreign citizens and stateless persons shall not enjoy property right on land, except for cases stipulated by law. intellectual property shall be protected by law. everyone shall be obliged to pay taxes and duties stipulated in accordance with law and make other compulsory payments to the state or community budget. article 61. the right to judicial protection and the right to apply to international bodies of human rights protection everyone shall have the right to effective judicial protection of his rights and freedoms. everyone shall, for the protection of his rights and freedoms, and in conformity with the international treaties of the republic of armenia, have the right to apply to international bodies of protection of human rights and freedoms. article 62. right to compensation for damage everyone shall have the right to compensation for damage inflicted by the unlawful actions or inaction of state and local self-government bodies and officials, and in cases stipulated by law, also by lawful administration. the conditions and procedure of compensation for damage shall be stipulated by law. if a person, who is convicted by a court judgment that has entered into legal force for committing a crime, has been acquitted on the ground that a new or newly-discovered circumstance proves that such conviction was unlawful, the person shall have the right to receive compensation in accordance with law, unless it is proven that the discovery of such circumstance back in time depended fully or partially on such person. article 63. the right to a fair trial everyone shall have the right to a fair and public hearing of his case within a reasonable period by an independent and impartial court. in the cases and manner stipulated by law, the court proceedings or a part thereof may be held in camera by a court decision with the aim of protecting the private life of the participants of proceedings, the interests of minors or the interests of justice, as well as state security, the public order, or morals. the use of evidence obtained in violation of fundamental rights or evidence undermining the right to a fair trial shall be prohibited. article 64. the right to receive legal aid everyone shall have the right to receive legal aid. in cases stipulated by law, legal aid shall be provided at the expense of state funds. with the aim of ensuring legal aid, the activities of a bar based on independence, self-governance, and equality of advocates shall be guaranteed. the status, rights, and obligations of advocates shall be stipulated by law. article 65. the right to be exempted from the duty to testify no one shall be obliged to testify about himself, his spouse, or his close relatives, if it can be reasonably presumed that it may subsequently be used against him or them. the law may stipulate other cases of exemption from the duty to testify. article 66. the presumption of innocence a person accused of a crime shall be presumed innocent until his guilt is proven in the manner stipulated by law by a court judgment that has entered into legal force. article 67. the right to defend oneself from charges everyone charged with a crime shall have: the right to be informed promptly, in a language which he understands and in detail, of the nature and cause of the charge. the right to defend himself or to be defended through an advocate of his choosing; the right to have adequate time and facilities to prepare his defense and to communicate with the advocate of his choosing. the right to examine or to have examined the persons that testify against him, and right to have persons testifying in his favor to be summoned and examined on the same conditions as persons that testified against him; the right to be assisted by a translator free of charge in case he does not have a command of armenian. article 68. the prohibition of being tried twice no one may be tried twice for the same act. the provisions of paragraph 1 of this article shall not prevent the review of a case in accordance with law when new or newly-discovered circumstances are present, or when there were fundamental shortcomings in the case proceedings, which could have affected the outcome of the case. article 69. the right of a convicted person to appeal everyone convicted for committing a crime shall have the right to have the court judgment rendered in respect of him to be reviewed by a higher judicial instance based on the grounds and in the manner stipulated by law. article 70. the right to request a pardon every convict shall have the right to request a pardon, including the right to request mitigation of the imposed sentence. details shall be stipulated by law. article 71. the principle of guilt and the principle of proportionality of punishment the basis for punishing a person who committed a crime shall be his guilt. the penalty stipulated by law, as well as the imposed penalty type and magnitude shall be proportionate to the committed act. article 72. the principle of legality in defining crimes and imposing penalties no one shall be convicted for an action or inaction that was not a crime at the time of its commission. a penalty that is more severe than the one applicable at the time of committing the crime may not be imposed. a law that eliminates punishment for an act or mitigates the penalty shall apply retrospectively. article 73. the retrospective effect of laws and other legal acts laws and other legal acts that cause a person’s legal situation to deteriorate shall not have retrospective effect. laws and other legal acts improving a person’s legal situation shall have retrospective effect if such acts so prescribe. article 74. the applicability of fundamental rights and freedoms in respect of legal persons the fundamental rights and freedoms shall extend also to legal persons to the extent such rights and freedoms are by their essence applicable to them. article 75. organizational structures and procedures for the exercise of fundamental rights and freedoms when regulating fundamental rights and freedoms, laws shall define the organizational structures and procedures necessary for their effective exercise. article 76. restrictions of fundamental rights and freedoms in emergency situations or during martial law in a state of emergency or during martial law, fundamental rights and freedoms of the human being and the citizen, with the exception of those stipulated by articles 23–26, 28–30, 35–37, paragraph 1 of article 38, paragraph 1 of article 41, paragraph 1, the first sentence of paragraph 5, and paragraph 8 of article 47, article 52, paragraph 2 of article 55, articles 56, 61, and 63–72 of the constitution, may be temporarily suspended or subjected to additional restrictions in the manner stipulated by law to the extent required by the situation, subject to the international commitments undertaken with respect to derogations from commitments in emergency situations or during martial law. article 77. the prohibition of abuse of fundamental rights and freedoms it shall be prohibited to use fundamental rights and freedoms for the purpose of violently overthrowing the constitutional order or inciting national, racial, or religious hatred, or preaching violence or war. article 78. the principle of proportionality the means chosen for restricting fundamental rights and freedoms shall be suitable and necessary for the achievement of the aim stipulated by the constitution. the means chosen for the restriction shall be commensurate to the significance of the fundamental right and freedom being restricted. article 79. the principle of certainty when restricting fundamental rights and freedoms, the laws shall define the grounds and scope of such restrictions and be sufficiently certain for the holders and addressees of such rights and freedoms to be able to engage in appropriate conduct. article 80. inviolability of the essence of provisions on fundamental rights and freedoms the essence of provisions on fundamental rights and freedoms enshrined in this chapter shall be inviolable. article 81. fundamental rights and freedoms and the international legal practice the practice of bodies operating on the basis of international human rights treaties, which have been ratified by the republic of armenia, shall be taken into account when interpreting the provisions of the constitution on fundamental rights and freedoms. the restrictions of fundamental rights and freedoms may not exceed the restrictions stipulated by the international treaties of the republic of armenia. chapter 3. legislative guarantees and main objectives of state policy in the economic, social, and cultural spheres article 82. working conditions every worker shall, in accordance with law, have the right to healthy, safe, and dignifying working conditions, to limitation of the maximum working time, to daily and weekly rest, and to annual paid leave. article 83. social security everyone shall, in accordance with law, have the right to social security in cases of maternity, having many children, illness, disability, workplace accidents, need of care, loss of breadwinner, old age, unemployment, loss of employment, and in other cases. article 84. dignifying existence and minimum salary every person in need and every elderly person shall, in accordance with law, have the right to a dignifying existence. the amount of minimum salary shall be stipulated by law. article 85. health care everyone shall, in accordance with law, have the right to protection of health. the law shall stipulate the list of basic medical services provided free of charge and the procedure of their provision. article 86. the main objectives of state policy the main objectives of state policy in the economic, social, and cultural spheres shall be: to improve the business environment and to promote entrepreneurship; to support population employment and the improvement of work conditions; to foster housing construction; to promote factual equality between women and men; to promote the birth rate and the having of many children; to create favorable conditions for the complete and comprehensive development of the individuality of children; to implement health protection and improvement programs for the population, and to create conditions for effective and affordable medical services for the population; to implement disability prevention and treatment programs and programs for the rehabilitation of health of persons with disabilities, and to promote the participation of persons with disabilities in public life; to protect consumer interests, and to oversee the quality of goods, services, and works; to develop the regions proportionately; to develop physical culture and sports; to promote the participation of the youth in political, economic, and cultural life; to develop free-of-charge higher and other vocational education; to develop fundamental and applied science; to support everyone’s unhindered access to national and universal values; and to promote charity for the purpose of establishing cultural, educational, scientific, health, sports, social, and other institutions, their financing, and ensuring their financial independence. article 87. fulfillment of the main objectives of state policy to the extent of their powers and possibilities, state government and local self-government bodies shall be obliged to fulfill the objectives enshrined in article 86 of the constitution. as part of the report prescribed by article 156 of the constitution, the government shall present information on the fulfillment of the objectives stipulated by article 86 of the constitution. chapter 4. the national assembly article 88. the status and functions of the national assembly the national assembly is the people’s representative body. the national assembly shall exercise the legislative power. the national assembly shall exercise oversight of the executive power, shall adopt the state budget, and shall perform other functions stipulated by the constitution. the powers of the national assembly shall be stipulated by the constitution. the national assembly shall operate in accordance with its rules of procedure. article 89. the national assembly composition and election procedure the national assembly shall consist of at least 101 parliamentarians. in the manner stipulated by the electoral code, places shall be assigned in the national assembly for representatives of national minorities. the national assembly shall be elected by a proportional electoral contest. the electoral code shall guarantee the formation of a stable parliamentary majority. if no stable parliamentary majority is formed as a result of the election or by building a political coalition, then a second round of the election may be held. in case a second round is held, it shall be allowed to form new alliances. the restrictions, conditions, and procedure of forming a political coalition shall be stipulated by the electoral code. article 90. term of office of the national assembly the national assembly shall be elected for a five-year term. in case of a regular election, the term of office of the newly-elected national assembly shall start at the moment of opening the first session of the newly-elected national assembly, convened on the day on which the term of office of the previous convocation of the national assembly ends. if the newly-elected national assembly is not formed before the end of the term of office of the incumbent national assembly, then the term of office of the incumbent national assembly shall end and the term of office of the newly-elected national assembly shall start at the moment of opening the first session of the newly-elected national assembly, convened on the second monday following the formation of the newly-elected national assembly. if, for reason of martial law or a state of emergency, the election of the national assembly has been held in the time period stipulated by paragraph 2 of article 91 of the constitution, then the term of office of the incumbent national assembly shall end and the term of office of the newly-elected national assembly shall start at the moment of opening the first session of the national assembly, convened on the second monday following the formation of the newly-elected national assembly. in case of an extraordinary election, the term of office of the incumbent national assembly shall end and the term of office of the newly-elected national assembly shall start at the moment of opening the first session of the national assembly, convened on the second monday following the formation of the newly-elected national assembly. the formation of the national assembly shall be confirmed in accordance electoral code. article 91. regular election of the national assembly a regular election of the national assembly shall be held no earlier than 60 and no later than 50 days before the end of the term of office of the national assembly. during martial law or a state of emergency, an election of the national assembly shall not be held. in this case, the regular election of the national assembly shall be held no earlier than 50 and no later than 65 days after the end of the state of emergency or martial law. article 92. extraordinary election of the national assembly an extraordinary election of the national assembly shall be held after dissolution of the national assembly in the cases stipulated by paragraph 3 of article 149 or paragraphs 3 and 4 of article 151 of the constitution. an extraordinary election of the national assembly shall be held no earlier than 30 and no later than 45 days after dissolution of the national assembly. article 93. setting elections of the national assembly regular and extraordinary elections of the national assembly shall be set by the president of the republic. article 94. representation mandate a parliamentarian shall represent the whole people, shall not be bound by imperative mandate, and shall be guided by his conscience and beliefs. article 95. incompatibility of the parliamentarian mandate a parliamentarian may not hold office not stemming from his function in other state or local self-government bodies, or any office in commercial organizations, or engage in entrepreneurial activities or perform other paid work, except for scientific, educational, and creative work. article 96. the immunity of a parliamentarian during and after the term of his powers, a parliamentarian may not be prosecuted and held liable for the voting or opinions expressed in the framework of parliamentarian activities. criminal prosecution of a parliamentarian may be initiated only with the consent of the national assembly. without the consent of the national assembly, a parliamentarian may not be deprived of liberty, unless caught at the time of or immediately after committing a crime. in this case, the deprivation of liberty may not last longer than 72 hours. the chairman of the national assembly shall be notified immediately of the parliamentarian’s deprivation of liberty. article 97. remuneration amount and other safeguards of activities of a parliamentarian the remuneration amount and other safeguards of activities of a parliamentarian shall be stipulated by law. article 98. cessation and termination of powers of a parliamentarian the powers of a parliamentarian shall cease upon the expiration of the term of office of the national assembly, loss of citizenship of the republic of armenia or acquisition of the citizenship of a different state, entry into legal force of a judgment convicting him to imprisonment, entry into legal force of a judgment declaring him as legally incapable, as missing, or as having deceased, or his death or his resignation. the powers of a parliamentarian shall be terminated in case of the inexcusable absence from at least half of the votes during each calendar semester, as well as in case of a violation of the terms of article 95 of the constitution. article 99. regular sessions of the national assembly regular sessions of the national assembly shall be convened twice a year—from the third monday of january to the third thursday of june, and from the second monday of september to the third thursday of december. article 100. extraordinary sessions and sittings of the national assembly an extraordinary session or sitting of the national assembly shall be convened by the national assembly chairman by the initiative of at least one quarter of the total number of parliamentarians or of the government. the extraordinary session or sitting shall be conducted with the agenda and in the time period set by the initiator. article 101. publicity of sittings of the national assembly sittings of the national assembly shall be public. by proposal of at least one fifth of the total number of parliamentarians or of the government, the national assembly may take a decision, by majority vote of the total number of parliamentarians, to conduct a closed-door sitting. voting in a closed-door sitting shall be prohibited. article 102. quorum of national assembly sittings a sitting of the national assembly shall have quorum if more than half of the total number of parliamentarians have registered at the beginning of the sitting. article 103. the adoption of laws, national assembly decisions, statements, and addresses laws and national assembly decisions, statements, and addresses shall, except for cases stipulated by the constitution, be adopted by majority vote of parliamentarians participating in the voting, if more than half of the total number of parliamentarians participated in the voting. the rules of procedure of the national assembly, the electoral code, the judicial code, the law on the constitutional court, the law on referendum, the law on parties, and the law on the human rights defender shall be constitutional laws and shall be adopted by at least a three-fifths majority vote of the total number of parliamentarians. the legal provisions of a constitutional law shall not exceed its subject scope. the national assembly shall adopt decisions in the cases stipulated by the constitution, as well as on the organization of its activities. the decisions, statements, and addresses of the national assembly shall be signed and published by the chairman of the national assembly. article 104. the national assembly chairman and deputy chairmen, and the national assembly council the national assembly shall elect from among its members the chairman and three deputy chairmen of the national assembly. one of the deputy chairmen is elected from among the parliamentarians included in the opposition factions. the chairman and deputy chairmen of the national assembly shall be elected and recalled by majority vote of the total number of parliamentarians. the chairman of the national assembly shall represent the national assembly and ensure its normal functioning. in the national assembly, the council of the national assembly shall be formed, which shall consist of the national assembly chairman and deputy chairmen, one representative of each faction, and the chairmen of the standing committees. the council of the national assembly shall approve the draft agendas of regular sittings and sessions, as well as exercise other powers prescribed by the rules of procedure of the national assembly. article 105. the factions of the national assembly the factions shall facilitate the formation of the political will of the national assembly. the factions shall include parliamentarians only of the same party or the same alliance of parties. article 106. the standing committees of the national assembly for the purposes of preliminary discussion of draft laws and other issues pertaining to the authority of the national assembly and of presenting opinions thereon to the national assembly, as well as of conducting parliamentary oversight, the national assembly shall create standing committees. no more than 12 standing committees may be formed in the national assembly. the places in standing committees shall be distributed in proportion with the number of parliamentarians included in the factions. the positions of chairmen of standing committees shall be distributed among factions in proportion with the number of parliamentarians included in the faction. article 107. temporary committees of the national assembly for purposes of discussing certain draft laws, draft national assembly decisions, draft statements, and draft addresses, as well as matters related to ethics of parliamentarians and of presenting opinions thereon to the national assembly, temporary committees may be formed by decision of the national assembly. article 108. inquiry committees of the national assembly by demand of at least one quarter of the total number of parliamentarians, an inquiry committee of the national assembly shall be formed by virtue of law for the purpose of establishing facts that relate to issues of public interest and are within the powers of the national assembly and of presenting them to the national assembly. in an inquiry committee, the places shall be distributed in proportion with the number of parliamentarians in the factions. the national assembly shall determine the number of members of an inquiry committee. an inquiry committee shall be chaired by one of the parliamentarians presenting the demand. by demand of at least one quarter of the members of an inquiry committee, state bodies and local self-government bodies and officials shall be obliged to provide to the committee the necessary information concerning its remit, unless its provision is prohibited by law. in the fields of defense and security, the powers of an inquiry committee may be performed only by the competent standing committee of the national assembly, by demand of at least one third of the total number of parliamentarians. details of the activities of inquiry committees shall be stipulated by the rules of procedure of the national assembly. article 109. legislative initiative a parliamentarian, a faction of the national assembly, and the government shall have the right of legislative initiative. the author of the legislative initiative may at any time recall the draft law presented. if, according to the conclusion of the government, a draft law significantly reduces revenues of the state budget or increases state expenditures, then the government may demand such law to be adopted by majority vote of the total number of parliamentarians. a draft law deemed as urgent by decision of the government shall be adopted or rejected within a two-month period. draft laws for which the government has the exclusive right of legislative initiative may be put to a vote only with amendments acceptable to the government. at least 50,000 citizens who have voting right shall have the right to propose a draft law to the national assembly on popular initiative. article 110. adoption of the state budget the national assembly shall adopt the state budget upon submission by the government. the state budget shall include all of the state’s revenues and expenditures in the manner stipulated by law. the government shall submit the draft state budget to the national assembly at least 90 days prior to the start of the fiscal year. the state budget shall be adopted prior to the start of the fiscal year. if the state budget is not adopted during such time, expenditures shall, until the adoption of the budget, be made in proportions to the previous year’s budget. article 111. oversight of state budget execution the national assembly shall exercise oversight of state budget execution, as well as over the use of loans and debt received from foreign states and international organizations. the national assembly shall, subject to the presence of an opinion issued by the audit chamber, deliberate and adopt a decision on the annual report presented by the government on state budget execution. article 112. oral and written questions of parliamentarians in one of the sittings convened during the sittings week of the regular session, the government members shall answer the oral questions of parliamentarians. the national assembly shall not adopt decisions on the questions of parliamentarians. parliamentarians shall have the right to pose written questions to the government members. the answers to written questions shall not be presented at a sitting of the national assembly. article 113. interpellations the factions of the national assembly shall have the right to address the government members with written interpellations. the government members shall respond to the interpellation within no later than 30 days of receiving it. responses to interpellations shall be presented at a sitting of the national assembly. by proposal of a faction, the response to an interpellation shall be deliberated. if the deliberation results in at least one third of the total number of parliamentarians making a proposal to express non-confidence in the prime minister, then the provisions of article 115 of the constitution shall apply. based on the result of an interpellation, the national assembly may propose to the prime minister to discuss the question of continued tenure of an individual member of the government. article 114. deliberations on urgent topics in one of the sittings convened during the sittings week of the regular session, if so demanded by at least one quarter of the total number of parliamentarians, deliberations on urgent topics of public interest may be conducted. article 115. expressing non-confidence in the prime minister a draft decision of the national assembly on expressing non-confidence in the prime minister may be presented by at least one third of the total number of parliamentarians, provided that the draft decision concurrently proposes the candidacy of a new prime minister. a draft decision of the national assembly on expressing non-confidence in the prime minister shall be put to the vote no earlier than 48 and no later than 72 hours after it is presented. the decision shall be adopted by majority vote of the total number of parliamentarians, by open vote. if the decision is adopted, the prime minister shall be deemed to have submitted his resignation. in this case, the provisions of paragraph 2-4 of article 149 of the constitution shall not be applicable. non-confidence in the prime minister may be expressed no earlier than a year after his appointment. if the draft decision of the national assembly on expressing non-confidence in the prime minister is not adopted, such a draft may be submitted no earlier than after six months. during martial law or a state of emergency, a draft decision of the national assembly on expressing non-confidence in the prime minister may not be presented or deliberated. article 116. ratification, suspension, or renunciation of international treaties the national assembly shall ratify, suspend, or renounce international treaties that: concern the fundamental rights and freedoms, as well as obligations of the human being and citizen; have a political or military nature; contemplate the membership of the republic of armenia in an international organization; contemplate financial or property obligations for the republic of armenia; imply a change of law or the adoption of a new law in order to be applied, or include norms that contradict a law; directly contemplate ratification; or contain matters that are subject to regulation by law. the national assembly shall, by proposal of the government, ratify, suspend, and renounce international treaties by means of adopting a law by majority vote of the total number of parliamentarians. international treaties contravening the constitution may not be ratified. article 117. amnesty by proposal of the government, the national assembly may adopt a law on amnesty by majority vote of the total number of parliamentarians. article 118. declaring war and establishing peace by proposal of the government, the national assembly may adopt a decision on declaring war or establishing peace by majority vote of the total number of parliamentarians. if it is impossible to convene a sitting of the national assembly, the government shall determine the matter of declaring war. article 119. martial law in the event of an armed attack against the republic of armenia or imminent threat thereof or declaration of war, the government shall declare a martial law and deliver an address to the people, and may call for a general or partial mobilization. in case of declaration of martial law, a special sitting of the national assembly shall be convened immediately by virtue of law. the national assembly may, by majority vote of the total number of parliamentarians, terminate the martial law or cancel the implementation of measures prescribed by the legal regime of martial law. the legal regime of martial law shall be stipulated by a law adopted by majority vote of the total number of parliamentarians. article 120. state of emergency in the event of an imminent threat to the constitutional order, the government shall declare a state of emergency and take measures appropriate in the situation and address the people thereon. in case of declaration of a state of emergency, a special sitting of the national assembly shall be convened immediately by virtue of law. the national assembly may, by majority vote of the total number of parliamentarians, terminate the state of emergency or cancel the implementation of measures prescribed by the legal regime of a state of emergency. the legal regime of a state of emergency shall be stipulated by a law adopted by majority vote of the total number of parliamentarians. article 121. administrative-territorial units and division marzes and communities shall be the administrative-territorial units of the republic of armenia. the administrative-territorial division shall be defined by law upon submission by the government. article 122. autonomous bodies to safeguard the exercise of fundamental rights and freedoms of the human being and citizen, as well as to protect fundamental public interests enshrined in the constitution, autonomous bodies may be created by a law adopted by majority vote of the total number of parliamentarians. the members of autonomous bodies shall be appointed by majority vote of the total number of parliamentarians. autonomous bodies may by law be authorized to issue sub-legislative normative legal acts. the powers and independence safeguards of autonomous bodies, the requirements on their members, and the procedure of their activities shall be stipulated by law. chapter 5. the president of the republic article 123. status and functions of the president of the republic the president of the republic shall be the head of the state. the president of the republic shall observe compliance with the constitution. in exercising his powers, the president of the republic shall be impartial and shall be guided exclusively by state and national interests. the president of the republic shall perform his functions through the powers stipulated by the constitution. article 124. term of office of and requirements on the president of the republic the president of the republic shall be elected for a seven-year term. everyone who has attained the age of 40, has been a citizen of only the republic of armenia for the preceding six years, has permanently resided in the republic of armenia for the preceding six years, has voting right, and has a command of the armenian language may be elected as president of the republic. the same person may be elected as president of the republic only once. the president of the republic may not hold any other office, engage in entrepreneurial activities, or perform other paid work. during the term of exercising his powers, the president of the republic may not be a member of any party. article 125. election procedure of the president of the republic the president of the republic shall be elected by the national assembly. the regular election of the president of the republic shall be held no earlier than 40 days and no later than 30 days before the end of the term of office of the president of the republic. at least one quarter of the total number of parliamentarians shall have the right to nominate a candidate of the president of the republic. the candidate who receives at least three quarters of the votes of the total number of parliamentarians shall be elected as president of the republic. if a president of the republic is not elected, a second round of the election shall be held, in which all the candidates that participated in the first round may participate. in the second round, the candidate who receives at least three fifths of the votes of the total number of parliamentarians shall be elected as president of the republic. if a president of the republic is not elected, a third round of the election shall be held, in which the two candidates that received the largest number of votes in the second round may participate. in the third round, the candidate who receives the majority of the votes of the total number of parliamentarians shall be elected as president of the republic. if a president of the republic is not elected, a new election of the president of the republic shall be held within a 10-day period. the rules of procedure of the national assembly shall stipulate the details of the procedure of electing the president of the republic of armenia. article 126. extraordinary election of the president of the republic in the event of the impeachment of the president of the republic, impossibility to discharge his powers, or his resignation or death, an extraordinary election of the president of the republic shall be held no earlier than 25 and no later than 35 days after the office of the president of the republic has become vacant. article 127. the president of the republic assuming office the president of the republic shall assume office on the day on which the powers of the previous president of the republic end. a president of the republic elected through an extraordinary election shall assume office on the 10th day after being elected. the president of the republic shall assume office by taking the following oath to the people at a special sitting of the national assembly: “assuming the office of the president of the republic of armenia, i swear to be faithful to the constitution of the republic of armenia, to be impartial in the exercise of my powers, to follow only state and national interests, and to invest all of my strength for the fortification of national unity.” article 128. address by the president of the republic the president of the republic may deliver an address to the national assembly on matters pertaining to his authority. article 129. the signing and publication of a law the president of the republic of armenia shall sign and publish a law adopted by the national assembly within a 21-day period or, within the same period, apply to the constitutional court with the question of determining the conformity of the law with the constitution. if the constitutional court decides that the law is in conformity with the constitution, then the president of the republic shall sign and publish the law within a five-day period. if the president of the republic does not fulfill the requirements stipulated by this article, the chairman of the national assembly shall sign and publish the law within a five-day period. article 130. accepting the resignation of the government in the cases stipulated by article 158 of the constitution, the president of the republic shall immediately accept the resignation of the government. article 131. changes in the composition of the government the president of the republic shall make changes in the composition of the government by proposal of the prime minister. article 132. powers of the president of the republic in the area of foreign policy the president of the republic shall, in the cases and manner stipulated by law: conclude international treaties by proposal of the government; appoint and recall diplomatic representatives in foreign states and international organizations by proposal of the prime minister; and accept the letters of credence or letters of recall of diplomatic representatives of foreign states and international organizations. in the cases and manner stipulated by law, the president of the republic shall, by proposal of the government, approve, suspend, or renounce international treaties not requiring ratification. the president of the republic shall, by proposal of the prime minister, award the highest diplomatic ranks in the cases and manner stipulated by law. article 133. powers of the president of the republic in the area of armed forces by proposal of the prime minister, the president of the republic shall, in the cases and manner stipulated by law, appoint and dismiss the supreme command of the armed forces and other troops. by proposal of the prime minister, the president of the republic shall, in the cases and manner stipulated by law, award the highest military titles. article 134. resolution of issues related to citizenship in the cases and manner stipulated by law, the president of the republic shall resolve issues related to the granting and termination of citizenship of the republic of armenia. article 135. granting pardon in the cases and manner stipulated by law, the president of the republic shall resolve the issue of granting pardon to convicted persons. article 136. decorating with awards and granting honorary titles in the cases and manner stipulated by law, the president of the republic shall decorate with orders and medals of the republic of armenia and grant honorary titles. article 137. awarding the highest ranks in the cases and manner stipulated by law, the president of the republic shall award the highest ranks. article 138. temporary appointment of officials if the national assembly fails, within a three-month period, to elect the respective officials in the manner stipulated by paragraph 3 of article 174, paragraph 1 of article 177, paragraph 1 of article 192, paragraph 2 of article 195, paragraph 2 of article 197, paragraph 2 of article 199, and paragraph 1 of article 201 of the constitution, then the president of the republic shall appoint temporary acting officials in the manner and based on the grounds stipulated by law until they are elected by the national assembly. article 139. orders and decrees of the president of the republic in exercising his powers, the president of the republic shall issue orders and decrees. in the cases stipulated by articles 131-137, paragraph 3 of article 155, and paragraphs 3, 4, 6, and 7 of article 166 of the constitution, the president of the republic may, within a three-day period, return the relevant act, together with his objections, to the body that made the proposal or submitted the motion. if the competent body does not accept the objection, the president of the republic shall sign the relevant act or apply to the constitutional court. if president of the republic does not fulfill the requirements stipulated by paragraph 2 of this article, the relevant act shall enter into force by virtue of law. article 140. immunity of the president of the republic the president of the republic shall be immune. during and after the term of his office, the president of the republic may not be prosecuted and held liable for actions stemming from his status. the president of the republic may be held liable for actions not connected with his status only after the end of the term of his office. article 141. impeachment of the president of the republic the president of the republic may be impeached for state treason, another grave crime, or for gravely breaching the constitution. to obtain a conclusion on the existence of grounds for impeaching the president of the republic, the national assembly shall apply to the constitutional court by a decision adopted by majority vote of the total number of parliamentarians. the decision to impeach the president of the republic shall be adopted by the national assembly, on the basis of a conclusion of the constitutional court, by at least a two-thirds majority vote of the total number of parliamentarians. article 142. resignation of the president of the republic the president of republic shall present his resignation to the national assembly. the resignation shall be deemed accepted from the moment of promulgating it in the manner stipulated by law. article 143. impossibility for the president of the republic to discharge his powers in case of grave illness of the president of republic or the existence of other insurmountable obstacles to the discharge of his powers, which enduringly render the discharge of such powers impossible, the constitutional court shall, based on an application of the government, take a decision on the impossibility for the president of the republic to discharge his powers. article 144. temporary discharge of powers of the president of the republic in case of impeachment of the president of the republic, the impossibility for the president to discharge his powers, or the resignation or death of the president, and before the newly-elected president of the republic assumes office, the powers of the president of the republic shall be discharged by the chairman of the national assembly. article 145. support to the activities of the president of the republic the procedure of formation of the staff of the president of the republic shall be stipulated by law. in the cases and manner stipulated by law, the president of the republic shall make appointments to offices in the staff of the president of the republic. the amount of remuneration and the procedure of provision of services and security to the president of the republic shall be stipulated by law. chapter 6. the government article 146. status and functions of the government the government shall be the highest body of the executive power. based on its program, the government shall develop and implement the domestic and foreign policies of the state. the government shall conduct the general direction of the state administration system bodies. the powers of the government shall be stipulated by the constitution and the laws. the government shall have power over all those matters pertaining to executive power, which are not reserved for other state administration bodies or local self-government bodies. article 147. composition and structure of the government the government shall consist of the prime minister, deputy prime ministers, and ministers. the list of ministries and the procedure of activities of the government shall be stipulated by law upon submission by the government. the number of deputy prime ministers may not exceed three, and the number of ministries may not exceed 18. article 148. requirements on government members a government member shall meet the requirements presented to a parliamentarian. government members shall be subject to the incompatibility requirements stipulated for a parliamentarian. additional incompatibility requirements may be stipulated for them by law. article 149. election and appointment of the prime minister immediately after the commencement of the term of office of the newly-elected national assembly, the president of the republic shall appoint as prime minister the candidate nominated by the parliamentary majority formed in the manner stipulated by article 89 of the constitution. within a seven-day period of accepting the government’s resignation in case of the prime minister submitting a resignation or in other cases when the office of the prime minister becomes vacant, the factions of the national assembly shall have the right to nominate candidates for the prime minister. the national assembly shall elect the prime minister by majority vote of the total number of parliamentarians. if a prime minister is not elected, a new election of the prime minister shall be held seven days after the vote, in which the prime minister candidates nominated by at least one third of the total number of parliamentarians may take part. if a prime minister is not elected by majority vote of the total number of parliamentarians, the national assembly shall be dissolved by virtue of law. the election of the prime minister shall be conducted by open vote. the president of the republic shall immediately appoint as prime minister the candidate elected by the national assembly. article 150. formation of the government the government shall be formed within a 15-day period of the appointment of the prime minister. after his appointment, the prime minister shall within a five-day period propose to the president of the republic the candidates of the deputy prime ministers and ministers. the president of the republic shall, within a three-day period, either appoint the deputy prime ministers and the ministers or apply to the constitutional court. the constitutional court shall examine the application and make a decision within a five-day period. if the president of the republic does not fulfill the requirements stipulated by this article within a three-day period, then the relevant deputy prime minister or minister shall be deemed appointed by virtue of law. article 151. the program of the government within a 20-day period of the formation of the government, the prime minister shall present to the national assembly the program of the government. the national assembly shall approve the program of the government within a seven-day period by majority vote of the total number of parliamentarians. if the national assembly does not approve the program of the government and does not elect a new prime minister in accordance with paragraphs 2 and 3 of article 149 of the constitution, then the national assembly shall be dissolved by virtue of law. if the national assembly elects the prime minister, but once again does not approve the program of the government, the national assembly shall be dissolved by virtue of law. paragraph 3 of this article shall not apply to the program of the government formed in accordance with article 115 of the constitution. if the program of such government is not approved, the national assembly shall be dissolved by virtue of law. article 152. powers of the prime minister and other members of the government the prime minister shall, within the framework of the program of the government, determine the general guidelines of the government’s policy, direct the activities of the government, and coordinate the work of the government members. on specific issues, the prime minister may give instructions to the government members. the prime minister shall lead the security council, the procedure of formation and operation of which shall be stipulated by law. the deputy prime ministers shall, by instruction of the prime minister, coordinate specific areas of activities of the government. one of the deputy prime ministers shall, in the manner established by the prime minister, replace him during his absence. each minister shall independently direct the portfolio entrusted in his ministry. the members of the government shall have the power to adopt sub-legislative normative legal acts. article 153. sittings and decisions of the government the prime minister shall invite and chair the sittings of the government. decisions of the government shall be signed by the prime minister. the government shall have the power to adopt sub-legislative normative legal acts. article 154. economic and financial policies the government shall implement coherent state finance-economic, credit, and tax policies. the government shall administer the state property. article 155. the armed forces the armed forces shall be subordinate to the government. a decision on engagement of the armed forces shall be taken by the government. in case of urgent necessity, a decision on engagement of the armed forces shall be taken by the prime minister upon proposal by the minister of defense, and the prime minister shall immediately inform the government members about it. the general guidelines of defense policy shall be stipulated by the security council. within such general guidelines, the minister of defense shall conduct the command of the armed forces. the highest military official of the armed forces shall be the chief of the general staff, who shall be appointed by the president of the republic by proposal of the prime minister for the term stipulated by law. the chief of the general staff shall be subordinate to the minister of defense in the absence of war. during wartime, the prime minister shall be the supreme commander of the armed forces. the subordination and command of the armed forces, as well as other details shall be stipulated by law. article 156. annual report of the government to the national assembly for each year, the government shall present a report to the national assembly on the implementation progress and results of its program. article 157. the question of confidence in the government the government may put forward the question on confidence in the government with respect to the adoption of a draft law presented by the government. the draft decision on expressing confidence in the government shall be put to the vote no later than within 72 hours of its presentation. the decision shall be adopted by majority vote of the total number of parliamentarians by open vote. if the draft decision on expressing confidence in the government is accepted, the draft law presented by the government shall be deemed adopted. the government may put forward the question of its confidence with respect to a draft law not more than twice during any given session. the government may not put forward the question of its confidence with respect to the adoption of a draft constitutional law. the government may not put forward the question of its confidence during martial law or a state of emergency. article 158. resignation of the government the government shall present its resignation to the president of the republic on the day of the first session of the newly-elected national assembly, on the day of expressing non-confidence in the government, on the day of not approving the program of the government, on the day of the prime minister submitting his resignation, or on the day on which the office of the prime minister becomes vacant. the members of the government shall continue discharging their duties until a new government is formed. article 159. bodies of the state administration system the bodies of the state administration system shall be the ministries, as well as other bodies subordinate to the government, the prime minister, and the ministries, the powers and procedure of formation of which shall be stipulated by law. article 160. implementation of the regional policy of the government the government shall implement its regional policy in the marzes through the marz governors. the marz governors shall be appointed and dismissed by the government. the marz governors shall coordinate the activities of the regional subdivisions of the state administration bodies, except for cases stipulated by law. the peculiarities of regional administration in yerevan shall be stipulated by law. article 161. the public council the public council shall be a body consultative to the government. the procedure of the formation and operation of the public council shall be stipulated by law. chapter 7. courts and the supreme judicial council article 162. the administration of justice in the republic of armenia, justice shall be administered solely by courts in accordance with the constitution and laws. any interference with the administration of justice shall be prohibited. article 163. the courts the constitutional court, the cassation court, appellate courts, general jurisdiction first instance courts, and the administrative court shall operate in the republic of armenia. in cases prescribed by law, specialized courts may be created. the creation of extraordinary courts shall be prohibited. article 164. the status of a judge when administering justice, a judge shall be independent and impartial and act only in accordance with the constitution and the laws. a judge may not be held liable for opinions expressed or judicial acts rendered in the course of administering justice, unless features of a crime or disciplinary offence are present. criminal prosecution of a judge of the constitutional court with respect to the performance of his duties may be initiated only with the consent of the constitutional court. with respect to performance of his duties, a judge of the constitutional court may not be deprived of liberty without the consent of the constitutional court, except when caught at the time of or immediately after the commission of a crime. in this case, deprivation of liberty may not last longer than 72 hours. the chairman of the constitutional court shall be immediately informed of depriving a judge of the constitutional court of liberty. criminal prosecution of a judge with respect to the performance of his duties may be initiated only with the consent of the supreme judicial council. with respect to the performance of his duties, a judge may not be deprived of liberty without the consent of the supreme judicial council, except when caught at the time of or immediately after the commission of a crime. in this case, deprivation of liberty may not last longer than 72 hours. the chairman of the supreme judicial council shall be immediately informed of depriving a judge of liberty. the grounds and procedure of subjecting a judge to disciplinary liability shall be stipulated by the law on the constitutional court and the judicial code. a judge may not hold office not stemming from his function in other state or local self-government bodies, or hold any position in commercial organizations, or engage in entrepreneurial activities, or perform any other paid work, except for scientific, educational, and creative activities. the law on the constitutional court and the judicial code may stipulate additional requirements on incompatibility. a judge may not engage in political activities. the powers of a judge shall terminate upon the expiration of the term of office, loss of citizenship of the republic of armenia or acquisition of the citizenship of a different state, entry into legal force of a convicting court judgment in respect of him or the criminal prosecution being terminated on a non-acquittal basis, entry into legal force of a court judgment that declares him as legally incapable, as missing, or as having deceased, or in case of his resignation or death. the powers of a constitutional court judge shall be terminated by a decision of the constitutional court, and the powers of a judge shall be terminated by a decision of the supreme judicial council, in cases of violating the incompatibility requirements, engaging in political activities, the health condition rendering the discharge of his powers impossible, or committing a grave disciplinary offence. remuneration corresponding to the high status and liability of a judge shall be set for judges. the amount of remuneration of judges shall be stipulated by law. details related to the status of judges shall be stipulated by the law on the constitutional court and the judicial code. article 165. requirements on judge candidates a lawyer with higher education, who has attained the age of 40, is a citizen of only the republic of armenia, has voting right, and has strong professional qualities and at least 15 years of professional work experience, may be elected as a judge of the constitutional court. a lawyer with higher education, who has attained the age of 40, is a citizen of only the republic of armenia, has voting right, and has strong professional qualities and at least 10 years of professional work experience, may be appointed as a judge of the cassation court. a lawyer with higher education, who is a citizen of only the republic of armenia and has voting right, may be appointed as a judge of a first instance or appellate court. judge candidates shall have a command of the armenian language. the law on the constitutional court and the judicial code may stipulate additional requirements on judge candidates. article 166. the judge election and appointment procedure judges of the constitutional court shall be elected by the national assembly by at least three fifths of the votes of the total number of parliamentarians, for a 12-year term. the constitutional court shall consist of nine judges, three of whom shall be elected upon nomination by the president of the republic, three upon nomination by the government, and three upon nomination by the general assembly of judges. the general assembly of judges may nominate only judges. the same person may be elected as a judge of the constitutional court only once. the constitutional court shall elect the constitutional court chairman and deputy chairman from among its composition for a six-year term, without the right of being reelected. judges of the cassation court shall be appointed by the president of the republic upon nomination by the national assembly. the national assembly shall elect the nominated candidate by at least three fifths of the votes of the total number of parliamentarians, from among a list of three candidates presented by the supreme judicial council for each judge position. the cassation court chamber chairmen shall be appointed by the president of the republic upon nomination by the supreme judicial council, from among the composition of the respective chamber, for a six-year term. the same person may be elected as a chairman of a cassation court chamber only once. the cassation court chairman shall be elected by the national assembly by majority vote of the total number of parliamentarians, upon nomination by the supreme judicial council, from among the composition of the cassation court, for a six-year term. the same person may be elected as a cassation court chairman only once. first instance and appellate court judges shall be appointed by the president of the republic upon nomination by the supreme judicial council. the chairmen of first instance and appellate courts shall be appointed by the president of the republic upon nomination by the supreme judicial council, from among the composition of the respective court, for a three-year term. within three years of the end of his term in office, a court chairman may not be reappointed to such position. judges shall serve in office until reaching the age of 65 and judges of the constitutional court shall serve in office until reaching the age of 70. details related to the election and appointment of judges shall be stipulated by the law on the constitutional court and the judicial code. article 167. the constitutional court constitutional justice shall be administered by the constitutional court, ensuring the primacy of the constitution. when administering justice, the constitutional court shall be independent and shall abide only by the constitution. the powers of the constitutional court shall be stipulated by the constitution, while the procedure of its formation and functioning shall be stipulated by the constitution and the law on the constitutional court. article 168. powers of the constitutional court the constitutional court shall, in the manner stipulated by the law on the constitutional court: determine the conformity with the constitution of laws, decisions of the national assembly, orders and decrees of the president of the republic, decisions of the government and the prime minister, and sub-legislative normative legal acts; prior to the adoption of the draft constitutional amendments, as well as drafts of legal acts put to a referendum, determine their conformity with the constitution; prior to the ratification of an international treaty, determine the conformity with the constitution of obligations enshrined therein; resolve disputes arising between constitutional bodies with respect to their constitutional powers; resolve disputes related to decisions adopted with respect to the results of a referendum or the results of elections of the national assembly and the president of the republic; render a decision on termination of the powers of a parliamentarian; issue an opinion on the existence of a ground for impeaching the president of the republic; render a decision on the impossibility for the president of the republic to discharge his powers; solve the question of imposing disciplinary liability on a judge of the constitutional court; solve the question of terminating the powers of a judge of the constitutional court, solve the question on initiating criminal prosecution against a judge of the constitutional court or consenting to depriving him of liberty with respect to the performance of his duties; and in cases stipulated by law, render a decision on suspending or prohibiting the activities of a party. article 169. applying to the constitutional court the following may apply to the constitutional court: the national assembly – in the cases stipulated by paragraph 12 of article 168 of the constitution; in the case stipulated by paragraph 7 of article 168 of the constitution – by a decision adopted by majority vote of the total number of parliamentarians, and in the case stipulated by paragraph 10 of article 168 of the constitution – by a decision adopted by at least a three-fifths majority vote of total number of parliamentarians; at least one fifth of the total number of parliamentarians – in the cases stipulated by paragraphs 1, 4, and 6 of article 168 of the constitution; a faction of the national assembly – for disputes related to decisions adopted with respect to the results of a referendum or the results of election of the president of the republic; the president of the republic – in the cases stipulated by paragraph 1 of article 129, paragraph 2 of article 139, article 150, or paragraphs 1 and 4 of article 168 of the constitution; the government – in the cases stipulated by paragraphs 1, 4, 8, and 12 of article 168 of the constitution; the supreme judicial council – in the cases stipulated by paragraph 4 of article 168 of the constitution; local self-government bodies – with a question regarding the conformity with the constitution of normative legal acts stipulated by paragraph 1 of article 168 of the constitution that violate their constitutional rights, as well as in the cases stipulated by paragraph 4 of article 168 of the constitution; everyone – in a concrete case when there is a final act of court, all judicial remedies have been exhausted, and the person challenges the constitutionality of a provision of a normative legal act applied in relation to him by such act of court, which has led to a violation of his fundamental rights and freedoms enshrined in chapter 2 of the constitution, taking into account also the construal of such provision in its practical legal application; the prosecutor general – concerning the constitutionality of provisions of normative legal acts related to a specific set of proceedings conducted by the prosecution office, as well as in the case stipulated by paragraph 11 of article 168 of the constitution; the human rights defender – concerning the conformity of the normative legal acts listed in paragraph 1 of article 168 of the constitution with the provisions of chapter 2 of the constitution; parties or party alliances that participated in the national assembly election – on disputes connected with decisions taken on the results of the national assembly election; the candidates for the president of the republic – on disputes connected with decisions taken on the results of the election of the president of the republic; and at least three judges of the constitutional court – in the case stipulated by paragraph 9 of article 168 of the constitution. the national assembly shall apply to the constitutional court in the cases stipulated by paragraph 2 of article 168 of the constitution with questions related to amending the constitution, acceding to supranational international organizations, or changing the territory. an authorized representative of a popular initiative shall apply to the constitutional court with a question concerning a draft law put to a referendum by popular initiative. the government shall apply to the constitutional court in the case stipulated by paragraph 3 of article 168 of the constitution. courts shall apply to the constitutional court on the issue of constitutionality of a normative legal act subject to application in a specific case within their proceedings, if they have grounded suspicion over its constitutionality and find that the solution of the particular case is possible only through the application of the normative legal act in question. the council of the national assembly shall apply to the constitutional court in the case stipulated by paragraph 6 of article 168 of the constitution. details of the procedure of application to the constitutional court shall be stipulated by the law on the constitutional court. the constitutional court shall examine a case only when a respective application is present. article 170. decisions and opinions of the constitutional court the constitutional court shall adopt decisions and opinions. decisions and opinions of the constitutional court shall be final and shall enter into force at the moment of being published. the constitutional court may set out in its decision a later date of invalidating a normative legal act contravening the constitution or a part of such normative act. concerning the matters prescribed by article 168 of the constitution, except for the matter prescribed by paragraph 7, the constitutional court shall render decisions. concerning the matter prescribed by paragraph 7 of article 168, it shall issue an opinion. opinions, as well as decisions on the matters prescribed by paragraphs 10 and 12 of article 168 of the constitution, shall be adopted by at least a two-thirds majority vote of the total number of judges of the constitutional court. other decisions shall be adopted by majority vote of the total number of the judges. if the opinion of the constitutional court is negative, the matter shall fall outside the examination of the competent body. article 171. the cassation court with the exception of the domain of constitutional justice, the cassation court shall be the highest judicial instance in the republic of armenia. by reviewing judicial acts within the scope of its powers stipulated by law, the cassation court shall: ensure the consistent application of laws and other normative legal acts; eliminate fundamental violations of human rights and freedoms. article 172. the appellate courts appellate courts are the judicial instance that reviews the judicial acts of first instance courts within the framework of powers stipulated by law. article 173. the supreme judicial council the supreme judicial council is an independent state body that shall safeguard the independence of courts and judges. article 174. composition and formation procedure of the supreme judicial council the supreme judicial council shall consist of 10 members. five of the members of the supreme judicial council shall be elected by the general assembly of judges from among judges having at least 10 years of judge experience. judges of all instances of courts shall be included in the supreme judicial council. the member elected by the general assembly of judges may not be a court chairman or a cassation court chamber chairman. five of the members of the supreme judicial council shall be elected by the national assembly by at least a three-fifths majority vote of the total number of parliamentarians, from among legal scholars and other reputed lawyers that are citizens of only the republic of armenia, and have voting right, strong professional qualities, and at least 15 years of professional work experience. a member elected by the national assembly may not be a judge. the supreme judicial council members shall be elected for a term of five years without the right to be reelected. the judicial code may stipulated incompatibility requirements for the supreme judicial council members elected by the national assembly. the judicial code may stipulated a requirement to suspend the powers of the judge members during their term in the supreme judicial council. the supreme judicial council shall elect the council chairman from among its composition, in the manner and for the time period stipulated by the judicial code, successively from among the members elected by the general assembly of judges and the members elected by the national assembly. details of the formation of the supreme judicial council shall be stipulated by the judicial code. article 175. powers of the supreme judicial council the supreme judicial council shall: prepare and approve the list of judge candidates, including the list of candidates for career advancement; propose to the president of the republic the candidates of judges subject to appointment, including appointment through career advancement; propose to the president of the republic the candidates of court chairmen, including cassation court chamber chairmen, subject to appointment; propose to the national assembly the candidates of cassation court judges and chairman; solve the question of transfer of judges to another court; solve the question of giving consent to initiating criminal prosecution against a judge or depriving him of liberty with respect to the performance of his duties; solve the question of imposing disciplinary liability upon a judge; solve the question of terminating the powers of judges; approve the estimate of its costs and the cost estimates of courts, and present them to the government for incorporation in the draft state budget in the manner stipulated by law; and form its staff in accordance with law. when discussing the question of imposing disciplinary liability upon a judge, as well as in other cases stipulated by the judicial code, the supreme judicial council shall act as a court. the supreme judicial council shall adopt sub-legislative normative legal acts in the cases and manner stipulated by law. other powers and the operating procedure of the supreme judicial council shall be stipulated by the judicial code. chapter 8. the prosecution office and the investigative organs article 176. the prosecution office the prosecution office is a unified system that is led by the prosecutor general. the prosecution office shall, in the cases and manner stipulated by law: initiate criminal prosecution; supervise the lawfulness of the pre-trial criminal proceedings; defend the charges in court; appeal the rulings, judgments, and decisions of courts; and supervise the lawfulness of enforcement of sentences and other coercive measures. in exceptional cases stipulated by law and in the manner stipulated by law, the prosecution office shall initiate a claim in court for the protection of state interests. the prosecution office shall operate within the framework of the powers reserved for it by the constitution, on the basis of law. the procedure of formation and functioning of the prosecution office shall be stipulated by law. article 177. the prosecutor general the prosecutor general shall, upon nomination by the competent standing committee of the national assembly, be elected by the national assembly for a six-year term by at least a three-fifths majority vote of the total number of parliamentarians. the same person may not be elected as prosecutor general for more than two consecutive terms. a lawyer with higher education, who has attained the age of 35, is a citizen of only the republic of armenia, has voting right, and has strong professional qualities and at least 10 years of professional work experience may be elected as the prosecutor general. the law may stipulated additional requirements for the prosecutor general. in cases stipulated by law, the national assembly may dismiss the prosecutor general by at least a three-fifths majority vote of the total number of parliamentarians. article 178. the investigative organs the investigative organs shall, in the cases and manner stipulated by law, organize and conduct the pre-trial criminal proceedings. the status and powers of investigative organs and the procedure of their formation and operation shall be stipulated by law. chapter 9. local self-government article 179. the right to local self-government local self-government is the right and ability of local self-government bodies to solve public issues of community significance under its own responsibility, in the interests of the community residents, and in accordance with the constitution and the laws. local self-government shall be exercised in the communities. article 180. communities a community is the whole of the population of one or several settlements. a community shall be a public law legal entity. article 181. elections of local self-government bodies the bodies of local self-government are the community council and the community mayor, which shall be elected for a five-year term. the electoral code may stipulate direct or indirect election of the community mayor. in case of direct election of the community mayor, the principles of electoral law stipulated by article 7 of the constitution shall be applied. the election procedure of local self-government bodies shall be stipulated by the electoral code. article 182. community issues and the powers of local self-government bodies local self-government bodies may have own powers—for performing mandatory and voluntary tasks of the community, as well as powers delegated by the state. the mandatory tasks of communities shall be stipulated by law, and the voluntary ones—by decisions of the community council. for the more effective performance of the powers of state bodies, they may by law be delegated to local self-government bodies. in the manner stipulated by law, the community council shall adopt sub-legislative normative legal acts that shall be subject to execution in the territory of the community. the community mayor shall carry out the community council’s decisions and manage the community staff. the community mayor shall be accountable before the community council. the powers of local self-government bodies shall be stipulated by law. article 183. direct participation in the administration of community affairs the community residents may directly participate in the administration of community affairs by solving public issues of community significance through a local referendum. the procedure of conducting a local referendum and other modes of direct participation of community residents in the administration of community affairs shall be stipulated by law. article 184. community property a community shall have property right on land and other property. land located within the territory of a community, with the exception of land owned by the state, as well as by natural persons or legal entities, shall be in the property of the community. the community council shall dispose the community property in the manner stipulated by law. article 185. community budget, local taxes, duties, and fees a community shall have its budget, which shall be adopted by the community council upon presentation by the community mayor. the procedure of community budget revenue formation and expenditure execution shall be stipulated by law. within the framework of rates stipulated by law, the community council shall set local taxes and duties. the community council may set fees payable to the community budget for services provided by the community. article 186. the financing of communities for the performance of mandatory tasks of communities, the law shall stipulate such tax and non-tax sources as are necessary for ensuring the performance of such tasks. the powers delegated to communities by the state shall be subject to mandatory financing from the state budget. to the extent of its resources, the state shall allocate funds for ensuring the proportionate development of communities. article 187. local self-government in yerevan yerevan is a community. the peculiarities of local self-government in yerevan shall be stipulated by law. article 188. legal and professional oversight the government’s authorized body shall, in the cases and manner stipulated by law, perform legal oversight of the exercise of the community’s own powers. the government’s authorized bodies shall, in the cases and manner stipulated by law, perform legal and professional oversight of the exercise of powers delegated by the state. article 189. inter-community unions to improve the efficiency of local self-government, community councils may create inter-community unions. in view of public interests, inter-community unions may also be created by law by proposal of the government. an inter-community union may exercise only such powers that are reserved for it by law or by decisions of the communities’ councils. an inter-community union shall be a public law legal entity. article 190. merger and separation of communities in view of public interests, communities may be merged or separated by law. when adopting the respective law, the national assembly shall be obliged to listen to the opinion of such communities. chapter 10. the human rights defender article 191. functions and powers of the human rights defender the human rights defender shall be an independent official, who shall follow the respect for human rights and freedoms by state and local self-government bodies and officials, as well as by organizations in cases stipulated by the law on the human rights defender, and shall facilitate the restoration of violated rights and freedoms and the improvement of the normative legal acts related to human rights and freedoms. the human rights defender shall present to the national assembly an annual communication on his activities and on the situation of protection of human rights and freedoms. the communication may contain recommendations on legislative or other measures. state and local self-government bodies and officials shall be obliged to provide the necessary documents, information, and clarifications to and support the work of the human rights defender in the manner stipulated by law. other powers of the human rights defender shall be stipulated by the law on the human rights defender. article 192. election of the human rights defender the national assembly shall, upon nomination by its competent standing committee, elect the human rights defender for a six-year term by at least a three-fifths majority vote of the total number of parliamentarians. anyone who is held in high esteem among the public, has higher education, and meets the requirements stipulated for a parliamentarian may be elected as the human rights defender. article 193. safeguards of the activities of the human rights defender the immunity right stipulated for parliamentarians shall apply to the human rights defender. the national assembly shall solve the question of consenting to the initiation of criminal prosecution against the human rights defender or to depriving him of liberty by at least a three-fifths majority vote of the total number of parliamentarians. the incompatibility requirements stipulated for parliamentarians shall apply to the human rights defender. the human rights defender may not be a member of any party or otherwise engage in political activities during his term in office. in public speeches, he shall exercise political restraint. the state shall ensure proper financing of the activities of the human rights defender. the powers of the human rights defender shall terminate when his term in office lapses, when he loses citizenship of the republic of armenia or acquires citizenship of another state, when a convicting judgment against him enters into legal force, when a final judgment declares him as legally incapable, missing, or dead, or when he dies or resigns. other safeguards of the activities of the human rights defender shall be stipulated by the law on the human rights defender. chapter 11. the central electoral commission article 194. functions and powers of the central electoral commission; the system of electoral commissions the central electoral commission is an independent state body, which shall organize the elections of the national assembly and local self-government bodies, as well as referenda, and shall supervise their lawfulness. in the cases and manner stipulated by law, the central electoral commission shall adopt sub-legislative normative legal acts. the central electoral commission shall present a communication about its activities to the national assembly. the system of electoral commissions and their powers, procedure of formation and operation, and safeguards of activities shall be stipulated by the electoral code. article 195. formation procedure and composition of the central electoral commission the central electoral commission shall consist of seven members. the central electoral commission chairman and other members shall, upon nomination by the competent standing committee of the national assembly, be elected by the national assembly for a six-year term by at least a three-fifths majority vote of the total number of parliamentarians. the same person may not be elected as a member, including chairman, of the central electoral commission for more than two consecutive terms. anyone who has higher education and meets the requirements prescribed for a parliamentarian may be elected as a member of the central electoral commission. the incompatibility requirements stipulated for parliamentarians shall apply to members of the central electoral commission. additional incompatibility requirements may be stipulated for them by law. during their term in office, members of the central electoral commission may not be members of any party or otherwise engage in political activities. in public speeches, they shall exercise political restraint. in case of violating any requirement of paragraphs 4 or 5 of this article, the powers of a member of the central electoral commission shall be terminated by the national assembly by at least a three-fifths majority vote of the total number of parliamentarians. chapter 12. the television and radio commission article 196. functions and powers of the television and radio commission the television and radio commission is an independent state body, which shall ensure the freedom, independence, and plurality of the broadcast media, and oversee the activities of television companies and radio companies. the television and radio commission shall allocate air frequencies by public and competitive procedure. the television and radio commission shall supervise the expression, in public television and radio, of the plurality of information programs, educational programs, cultural programs, and entertainment programs. the television and radio commission shall present to the national assembly an annual communication about its activities and about the freedom of information situation in television and the radio. in the cases and manner stipulated by law, the television and radio commission shall adopt sub-legislative normative legal acts. the powers, as well as procedure and safeguards of activities of the television and radio commission shall be stipulated by law. article 197. formation procedure and composition of the television and radio commission the television and radio commission shall consist of seven members. the members of the television and radio commission shall, upon nomination by the competent standing committee of the national assembly, be elected by the national assembly for a six-year term by at least a three-fifths majority vote of the total number of parliamentarians. from among its members, the television and radio commission shall elect the commission chairman. the same person may not be elected as a member, including chairman, of the television and radio commission for more than two consecutive terms. anyone who has higher education, meets the requirements prescribed for a parliamentarian, and is a reputed specialist in the field of mass news media, may be elected as a member of the television and radio commission. additional requirements may be prescribed by law for the commission members. the incompatibility requirements stipulated for parliamentarians shall apply to the members of the television and radio commission. additional incompatibility requirements may be stipulated for them by law. during their term in office, the members of the television and radio commission may not be members of any party or otherwise engage in political activities. in public speeches, they shall exercise political restraint. in case of violating any requirement of paragraphs 4 or 5 of this article, the powers of a member of the television and radio commission shall be terminated by the national assembly by at least a three-fifths majority vote of the total number of parliamentarians. chapter 13. the audit chamber article 198. functions and powers of the audit chamber the audit chamber is an independent state body that shall audit the lawful and efficient utilization of state and municipal budget funds, loans and borrowings received, as well as the stateand community-owned property, in the field of public finance and public property. the audit chamber may conduct inspections of legal entities only in cases stipulated by law. the audit chamber shall operate on the basis of a program of activities approved by it. the audit chamber shall present to the national assembly: an annual communication about its activities; a conclusion about the execution of the state budget; and interim conclusions—in the cases stipulated by law. the powers, procedure of operation, and safeguards of activities of the audit chamber shall be stipulated by law. article 199. formation procedure and composition of the audit chamber the audit chamber shall consist of seven members. the audit chamber chairman and other members shall, upon nomination by the competent standing committee of the national assembly, be elected by the national assembly for a six-year term by at least a three-fifths majority vote of the total number of parliamentarians. the same person may not be elected as a member, including chairman, of the audit chamber for more than two consecutive terms. anyone who has higher education and meets the requirements prescribed for a parliamentarian may be elected as a member of the audit chamber. additional requirements may be stipulated by law for members of the audit chamber. the incompatibility requirements stipulated for parliamentarians shall apply to members of the audit chamber. additional incompatibility requirements may be stipulated for them by law. during their term in office, members of the audit chamber may not be members of any party or otherwise engage in political activities. in public speeches, they shall exercise political restraint. in case of violating any requirement of paragraphs 4 or 5 of this article, the powers of a member of the audit chamber shall be terminated by the national assembly by at least a three-fifths majority vote of the total number of parliamentarians. chapter 14. the central bank article 200. main goals and functions of the central bank the national bank of the republic of armenia is the central bank. the central bank shall be independent in the performance of functions reserved for it by the constitution and by law. the main goals of the central bank are to maintain price stability and financial stability. the central bank shall elaborate, approve, and implement the monetary policy programs. the central bank shall issue the currency of the republic of armenia the armenian dram. in the cases and manner stipulated by law, the central bank shall adopt sub-legislative normative legal acts. the central bank shall present an annual communication to the national assembly about its activities. the other goals, objectives, functioning procedures, and safeguards of the central bank shall be stipulated by law. article 201. the chairman and board of the central bank the central bank board shall consist of the chairman of the central bank, his two deputies, and five members. the chairman of the central bank shall, upon nomination by the competent standing committee of the national assembly, be elected by the national assembly for a six-year term by at least a three-fifths majority vote of the total number of parliamentarians. the same person may not be elected as chairman of the central bank for more than two consecutive terms. other members of the central bank board shall, upon nomination by the competent standing committee of the national assembly, be elected by the national assembly for a six-year term by majority vote of the total number of parliamentarians. anyone who has higher education and meets the requirements prescribed for a parliamentarian may be elected as a member of the board of the central bank. the law may stipulate additional requirements for the board members of the central bank. the central bank chairman and other members of the board shall be subject to the incompatibility requirements stipulated for parliamentarians. the central bank chairman and other members of the board have the right to hold, in commercial organizations and foundations, a position stemming from their function. during their term in office, the board members of the central bank may not be members of any party or otherwise engage in political activities. in public speeches, they shall exercise political restraint. in case of violating any of the terms of paragraphs 3 or 4 of this article, the powers of the central bank chairman shall be terminated by the national assembly by at least a three-fifths majority vote of the total number of parliamentarians, while the powers of other members of the board shall be terminated by the national assembly by a majority vote of the total number of parliamentarians. the powers of the central bank chairman, his deputies, and board members shall be stipulated by law. chapter 15. adopting and amending the constitution; the referendum article 202. adopting and amending the constitution the constitution shall be adopted, and amendments to chapters 1-3, 7, 10, and 15, as well as article 88, the first sentence of paragraph 3 of article 89, paragraph 1 of article 90, paragraph 2 of article 103, articles 108, 115, 119-120, 123-125, 146, 149, and 155, and paragraph 4 of article 200 of the constitution shall be adopted, only through a referendum. the right of the initiative to adopt or amend the constitution shall belong to at least one third of the total number of parliamentarians, the government, or 200,000 citizens having voting right. the national assembly shall adopt a decision on putting a draft to the referendum by at least a two-thirds majority vote of the total number of parliamentarians. except for the articles listed in paragraph 1 above, amendments to the other articles of the constitution shall be adopted by the national assembly by at least a two-thirds majority vote of the total number of parliamentarians. the right of the respective initiative shall belong to at least one quarter of the total number of parliamentarians, the government, or 150,000 citizens having voting right. if draft amendments to the constitution prescribed by paragraph 2 of this article are not adopted by the national assembly, then it may be put to a referendum by a decision adopted by at least a three-fifths majority vote of the total number of parliamentarians. article 203. unamendable articles of the constitution articles 1, 2, 3, and 203 of the constitution shall not be amended. article 204. referendum on a law draft submitted by popular initiative if the national assembly rejects a draft law submitted in the manner stipulated by paragraph 6 of article 109 of the constitution, then the draft shall be put to a referendum if, within 60 days of such rejection, an additional 300,000 citizens having voting right join the initiative of adopting the draft law, provided that the constitutional court finds the draft to be in conformity with the constitution. the validity of signatures of the participants of the popular initiative shall be confirmed by the central electoral commission. laws adopted through a referendum may be amended only through a referendum. such an amendment may be made at least one year after the adoption of the respective law. draft laws concerning the following may not be put to a referendum: the regulatory object of constitutional laws, the state budget, taxes, duties, other compulsory fees, amnesty, state defense and security, international treaties, and other matters stipulated by the law on referendum. article 205. referenda on the membership of the republic of armenia in supranational international organizations and changes of territory questions of membership of the republic of armenia in supranational international organizations, as well as questions concerning changes of the territory of the republic of armenia shall be solved through referenda. in the case stipulated by paragraph 1 of this article, the decision to conduct a referendum shall, by proposal of the government, be adopted by the national assembly by majority vote of the total number of parliamentarians. article 206. setting a referendum within a three-day period of the constitutional court adopting a decision finding that a draft law presented by popular initiative is in conformity with the constitution, or within a three-day period of the national assembly adopting a decision to conduct a referendum, the president of the republic shall set a referendum. the referendum shall be conducted no earlier than 50 and no later than 65 days after setting the referendum. article 207. adoption of the act put to a referendum the act put to a referendum shall be adopted if it is voted for by more than half of the referendum participants, but no less than one quarter of the citizens that have the right to participate in referenda. article 208. prohibition of conducting a referendum a referendum shall not be conducted during martial law or a state of emergency. chapter 16. final and transitional provisions article 209. entry into force of certain provisions of the constitution chapters 1-3, paragraph 2 of article 103, chapter 9, except for the provision of the last sentence of paragraph 4 of article 182, as well as chapter 10 of the constitution shall enter into force on the day following the publication of the amendments of the constitution in the “official bulletin of the republic of armenia”. the provisions of chapter 4 of the constitution, as amended in 2005, except for article 83.5, shall be in force until the opening day of the first session of the next convocation of the national assembly. the provisions of articles 88, 90-102, paragraphs 1 and 3-4 of article 103, articles 104-107, articles 109-112, paragraph 1 of article 113, and articles 114, 116, and 121 shall enter into force on the opening day of the first session of the next convocation of the national assembly. starting from the opening day of the first session of the next convocation of the national assembly until the assumption of office by the newly-elected president of the republic, the provisions of the relevant articles stipulated by the constitution as amended in 2005 shall continue to be in force. article 89 and chapter 11 of the constitution shall enter into force on 1 june 2016. the provision of the last sentence of paragraph 4 of article 182 of the constitution shall enter into force on 1 january 2017. the provisions of article 108, paragraph 2 of article 113, articles 115, 117-120, and 122, as well as chapters 5-8 and chapters 12-15 shall enter into force on the day on which the newly-elected president of the republic assumes office. meanwhile, the relevant provisions of the constitution as amended in 2005 shall continue to be in force. article 210. harmonization of laws with the amendments to the constitution the electoral code shall be harmonized with the constitution and shall enter into force on 1 june 2016. the rules of procedure of the national assembly, the constitutional law on parties, and the constitutional law on the human right defender shall be harmonized with the constitution and shall enter into force prior to the opening day of the first session of the next convocation of the national assembly. other constitutional laws shall be harmonized with the constitution and enter into force on the day of the assumption of office by the newly-elected president of the republic. the law on local self-government shall be harmonized with the constitution and shall enter into force on 1 january 2017. the law on the prosecution office, the law on television and the radio, the law on the audit chamber, and the law on the central bank shall be harmonized with the constitution and shall enter into force on the day on which the newly-elected president of the republic assumes office. article 211. election timeframe of the president of the republic the first election of the president of the republic in the manner stipulated by article 125 of the constitution shall be conducted no earlier than 40 days and no later than 30 days before the end of the term of office of the president of the republic. in the third round of election of the president of the republic, the candidate who receives the greater number of votes shall be elected as president of the republic. article 212. resignation of the government on the day on which the newly-elected president of the republic assumes office, the government shall submit its resignation. the president of the republic shall immediately accept the resignation of the government. article 213. tenure of the chairman and members of the constitutional court the constitutional court chairman and members appointed prior to the entry into force of chapter 7 of the constitution shall continue to serve until the end of the term of their office stipulated by the constitution amended in 2005. after the entry into force of chapter 7 of the constitution, nominations for vacant positions of constitutional court judges shall be made successively by the president of the republic, the general assembly of judges, and the government. article 214. formation of the supreme judicial council in accordance with article 174 of the constitution, the supreme judicial council shall be formed no later than one month prior to the end of term in office of the president of the republic. the powers of the justice council members shall lapse and the supreme judicial council shall assume its powers on the day on which the powers of the president of the republic end. the national assembly and the general assembly of judges each shall elect respective three members of the first composition of the supreme judicial council for a five-year term, and two members of the first composition of the supreme judicial council for a three-year term. article 215. tenure of judges, court chairmen, and chamber chairmen of the cassation court judges appointed prior to the entry into force of chapter 7 of the constitution shall continue to serve until the end of the term of their office stipulated by the constitution amended in 2005. court chairmen and cassation court chamber chairmen appointed prior to the entry into force of chapter 7 of the constitution shall continue to serve until the appointment or election of court chairmen and cassation court chamber chairmen in the manner stipulated by article 166 of the constitution, which shall be carried out not later than within six months of the formation of the supreme judicial council. if the court chairmen and cassation court chamber chairmen appointed prior to the entry into force of chapter 7 of the constitution are not appointed as chairmen of the respective courts or respective chambers of the cassation court in the manner and in the time period stipulated by article 166 of the constitution, they shall continue to serve as judges in the respective courts. article 216. tenure of the prosecutor general the prosecutor general appointed prior to the entry into force of chapter 8 of the constitution shall continue to serve until the end of the term of his office stipulated by the constitution amended in 2005. article 217. tenure of the community mayors and the members of the community councils community mayors and community council members elected prior to the entry into force of chapter 9 of the constitution shall continue to serve until the end of the term of their office stipulated by the constitution amended in 2005. the provision stipulated in the last sentence of paragraph 4 of article 182 shall apply after the election of local self-government bodies conducted after the entry into force of the law on local self-government. article 218. tenure of the human rights defender the human rights defender appointed prior to the entry into force of chapter 10 of the constitution shall continue to serve until the end of the term of his office stipulated by the constitution amended in 2005. article 219. the formation of the central electoral commission the central electoral commission shall be formed under the procedure stipulated by chapter 11 of the constitution prior to 1 november 2016. the powers of the central electoral commission members appointed prior to the entry into force of chapter 11 of the constitution shall terminate when the central electoral commission is formed. article 220. tenure of the members of bodies prescribed by chapters 12-14 of the constitution after the entry into force of chapters 12-14 of the constitution, the members of the bodies prescribed by those chapters shall continue to serve until the end of the term of their office stipulated by the constitution amended in 2005 and by laws. members of the control chamber shall continue to serve in office as members of the audit chamber. preamble the democratic constituent congress invoking almighty god, obeying the mandate of the peruvian people, and remembering the sacrifice of all the preceding generations of our land, has resolved to enact the following constitution: title i. the person and the society chapter i. fundamental rights of the person article 1 the defense of the human person and respect for his dignity are the supreme purpose of the society and the state. article 2 every person has the right: to life, his identity, his moral, psychical, and physical integrity, and his free development and well-being. the unborn child is a rights-bearing subject in all cases that benefit him. to equality before the law. no person shall be discriminated against on the basis of origin, race, sex, language, religion, opinion, economic situation, or any other distinguishing feature. to freedom of conscience and religion, in an individual or collective manner. no person shall be persecuted on a basis of his ideas or beliefs. there is no crime of opinion. public exercise of any faith is free, insofar as it does not constitute an offense against morals, or a disturbance of the public order. to freedom of information, opinion, expression, and dissemination of thought, whether oral, written, or in images, through any medium of social communication, and without previous authorization, censorship, or impediment, under penalty of law. crimes committed by means of books, the press, and any other social media are defined by the criminal code and tried in a court of law. any action that suspends or closes down any organ of expression or prevents its free circulation constitutes a crime. the rights of information and opinion include those of founding means of communication. to request, without statement of a cause, information he requires, and to receive it from any public entity within the legal term, at its respective cost. exception is hereby made of information affecting personal privacy and that expressly excluded by the law or for reasons of national security. bank secrecy and the confidentiality of tax filings may be lifted by the request of a judge, the prosecutor general, or a congressional investigative committee, in accordance with the law and provided that such information refers to a case under investigation. to the assurance that information services, whether computerized or not, whether public or private, will not provide information affecting personal and family privacy. to his honor and reputation, to personal and family privacy, as well as to his own voice and image. every person affected by inaccurate statements or injured in any social medium has the right to demand free, immediate, and proportionate rectification, other legal liabilities notwithstanding. to freedom of intellectual, artistic, technical, and scientific creation, as well as to ownership of such creations and to any benefits derived from them. the state promotes access to culture and encourages its development and dissemination. to the inviolability of his home. no one may enter a dwelling or conduct any investigation or search without authorization from the inhabitant or without a warrant, except in cases of in flagrante delicto or serious threat of the perpetration thereof. exceptions for reasons of health or serious risk are governed by law. to the secrecy and inviolability of private communications and documents. communications, telecommunications, or any private correspondence may only be opened, seized, intercepted, or tapped by the authority of a warrant issued by a judge and with all the guarantees provided in the law. any matter unrelated to the circumstances under examination shall be kept secret. private documents obtained in violation of this provision have no legal effect. books, receipts, and accounting and administrative documents are subject to inspection or audit by relevant authority in accordance with the law. any action thus taken may not include removal or seizure, except by a court order. to choose his place of residence, to move freely throughout the national territory, and to leave the country and return to it, except restrictions for reasons of health or due to a court order, or to the application of the immigration act. to peaceful assembly without arms. meetings on any premises, whether private or open to the public, do not require prior notification. meetings held in squares and public thoroughfares require advance notification by the relevant authority, which may prohibit such meetings solely for proved reasons of safety or public health. to associate and establish foundations and other forms of not-for-profit legal organizations without prior authorization, and in accordance with the law. these organizations may not be dissolved by administrative resolution. to make contracts for lawful purposes, whenever they do not contravene laws of public order. to work freely, in accordance with the law. to property and inheritance. to participate, individually or in association with others, in the political, economic, social, and cultural life of the nation. citizens, in accordance with the law, have the right to elect, remove or revoke public authorities, and to legislative initiative, and referendum. to keep his political, philosophical, religious, or any other type of conviction private, as well as to keep professional secrets. to his ethnic and cultural identity. the state recognizes and protects the ethnic and cultural diversity of the nation. every peruvian has the right to use his own language before any authority by means of an interpreter. foreigners enjoy the same right when summoned by any authority. to submit petitions in writing, individually or collectively, before the competent authority, who is obliged to respond to the interested party also in writing within the legally prescribed term, under penalty of law. members of the armed forces and the national police may only exercise their right to petition in an individual manner. to his nationality. no one may be stripped of it. nor may any person be deprived of the right to obtain or renew his passport inside or outside the territory of the republic. to peace, tranquility, enjoyment of leisure time, and rest, as well as to a balanced and appropriate environment for the development of his life. to self-defense. to freedom and personal security. in consequence: no one is obliged to do what the law does not command, nor prevented from doing what the law does not prohibit. no restrictions whatsoever to personal freedom shall be permitted, except in cases provided by the law. slavery, servitude, and traffic in human beings are prohibited in any form. there is no imprisonment for debts. this provision does not restrict court orders in the case of contempt regarding child support obligations. no one shall be prosecuted or convicted for any act or omission that, at the time of its commission, was not previously prescribed in the law expressly and unequivocally as a punishable violation, or did not constitute an offence penalized by law. every person has the right to be presumed innocent until proven guilty. no one can be detained except by written and motivated order of the judge or by the police authorities in case of flagrante delicto. the detention shall not last longer than the time strictly necessary to carry out the investigations and, in any case, the detainee must be placed at the disposal of the corresponding court, within a maximum period of forty-eight hours or within the term of the distance. these time periods do not apply to cases of terrorism, espionage, illicit drug trafficking, and crimes committed by criminal organizations. in such cases, police authorities may make the preventive arrest of those allegedly involved, to last no more than fifteen calendar days. they shall notify the office of the prosecutor general and the judge, and the latter may assume jurisdiction before that period of time expires. no one may be held incommunicado, except where it is considered indispensable for the resolution of a crime and in the form and for the time provided by law. the authority is obliged by law to report, without delay and in writing, the place where the individual under arrest is detained. no one shall be a victim of moral, psychical, or physical violence, nor be subjected to torture or inhuman or humiliating treatment. any individual may immediately request a medical examination for the injured person or someone who is unable to appeal to the authorities by himself. statements obtained by means of violence are null and void. whoever employs such violence shall be held liable. article 3 the enumeration of rights established in this chapter does not exclude others guaranteed by the constitution, or others of similar nature or those based on the dignity of the human being, nor those based on the principles of sovereignty of the people, the democratic rule of law, or the republican form of government. chapter ii. social and economic rights article 4 the community and the state extend special protection to children, adolescents, mothers, and the elderly in situation of abandonment. they also protect the family and promote marriage, which are recognized as natural and fundamental institutions of society. the form of marriage and the grounds for separation and dissolution are governed by law. article 5 the stable union between a man and a woman, free of any impediment to matrimony, who establishes a common-law marriage, creates community property subject to a marital assets regime, where applicable. article 6 the national population policy aims to spread and promote responsible parenthood. it recognizes the right of families and individuals to decide. in this spirit, the state guarantees suitable education and information programs and access to such means, provided they do not harm life or health. it is the right and duty of parents to nourish, educate, and protect their children. children have the duty to respect and aid their parents. all children have the same rights and duties. any mention of the civil status of parents or of the nature of their relationship to the children in civil records or any other identification documents is prohibited. article 7 everyone has the right to protection of his health, his family environment, and his community, just as it is his duty to contribute to their development and defense. any individual unable to care for himself due to physical or mental disability has the right to respect for his dignity and to a regime of protection, care, rehabilitation, and security. article 7-a the state recognizes the right of everyone to have progressive and universal access to drinking water. the state guarantees this right by prioritizing human consumption over other uses. the state promotes the sustainable management of water, which is recognized as an essential natural resource and as such, constitutes a public good and a patrimony of the nation. its domain is inalienable and imprescriptible. article 8 the state fights and punishes illicit drug trafficking. likewise, it regulates the use of social drugs. article 9 the state determines the national health policy. the executive branch sets standards for and oversees its enforcement, and it is responsible for drafting and directing it in a pluralistic, decentralizing manner to facilitate equal access for everyone to health services. article 10 the state recognizes the universal and progressive right of each person to social security for his protection from contingencies specified by law, and for the elevation of his quality of life. article 11 the state guarantees free access to health benefits and pensions through public, private, or joint agencies. it also oversees their efficient operation. the law establishes the agency of the national government that manages the pensions systems under the charge of the state. article 12 social security funds and reserves are intangible. resources are applied in the manner and under the responsibilities set forth by law. article 13 the aim of education is the comprehensive development of the human being. the state recognizes and guarantees freedom of education. parents have the duty to educate their children and the right to choose their schools and to participate in the educational process. article 14 education promotes knowledge, learning, and practice of the humanities, science, technology, the arts, physical education, and sports. it prepares individuals for life and work and encourages solidarity. the state promotes the scientific and technological development of the country. ethical and civic training and the teaching of the constitution and human rights are mandatory in all civil and military educational processes. religious education is provided in keeping with freedom of conscience. education is provided at all levels, in conformity with constitutional principles and the purposes of the relevant educational institution. communication media shall cooperate with the state in education and in moral and cultural formation. article 15 the teaching profession in public schools is a public service career. the law sets forth the requirements for serving as a principal or a teacher in a school, as well as his rights and obligations. the state and the society ensure their continuing evaluation, training, professionalization, and promotion. the student is entitled to a type of education that respects his identity, as well as to proper psychological and physical treatment. any person or corporate entity has the right to promote and operate educational institutions, and to transfer the ownership of such institutions, in accordance with the law. article 16 both the educational system and its governing regulations are decentralized. the state coordinates the educational policy. it formulates the general guidelines of school curricula, as well as the minimum requirements for the organization of education centers. it oversees their compliance and the quality of education. the state ensures that no one is prevented from receiving appropriate education on grounds of economic status, or mental or physical disabilities. education is a fundamental human right that guarantees the development of the person and society, which is why the state annually invests no less than 6% of gdp. article 17 early childhood, primary, and secondary education are compulsory. in public schools, education is free. in public universities, the state guarantees the right to a free education to those students who maintain a satisfactory performance, and lack the economic resources needed to cover the cost of education. in order to ensure the greatest number of educational offerings and to help those who cannot afford their own education, the law sets forth the method of subsidizing private education in any of its forms, including communal and cooperative education. the state promotes the establishment of schools, wherever people may require them. the state guarantees the eradication of illiteracy. it also encourages bilingual and intercultural education, in accordance with the particular characteristics of each area. it preserves the diverse cultural and linguistic manifestations throughout the country. it promotes national integration. article 18 the aim of university education is to support vocational training, the dissemination of culture, intellectual and artistic creativity, and scientific and technological research. the state guarantees academic freedom and rejects intellectual intolerance. universities are supported by public and private entities. the law sets the conditions for the authorization of their operation. the university is a community consisting of faculty members, students, and alumni. trustees of the university also participate in the community, in accordance with the law. every university is autonomous in its regulations, governance, and academic, administrative and financial regimes. universities are governed by their own statutes within the framework of the constitution and the law. article 19 universities, colleges, and all other educational institutions established in accordance with the law enjoy exemption from all direct and indirect taxes levied on assets, activities, and services concerning their educational and cultural purposes. on the subject of import tariffs, a special arrangement for allocation of taxes may be established for specific assets. scholarships and grants for educational purposes shall be exempt from taxes and enjoy tax benefits in the manner and within the limits prescribed by law. the law sets forth the tax provisions that will govern the above-mentioned institutions, as well as the requirements and conditions to be met by cultural centers that, by way of exception, may enjoy the same benefits. for private educational institutions that generate revenues legally defined as profits, the income tax may be applied. article 20 professional associations are autonomous institutions recognized by public law. the law determines those cases where membership in an association is mandatory. article 21 archeological sites and remains, constructions, monuments, places, bibliographical documents and archival materials, art objects, and tokens of historical value, expressly declared cultural assets and those provisionally presumed to be so, are the cultural heritage of the nation, irrespective of whether they are private or public property. they are protected by the state. the law guarantees ownership of such cultural heritage. in accordance with the law, private participation is encouraged in the preservation, restoration, exhibition, and dissemination of such objects, as well as their return to the country when illegally taken abroad. article 22 work is a right and a duty. it is the foundation for social welfare and a means of self-realization. article 23 work, in its diverse forms, is a matter of priority concern for the state, which provides special protection for working mothers, minors, and persons with disabilities. the state promotes conditions for social and economic progress, in particular through policies aimed at encouraging productive employment and work education. no working relation can limit the exercise of constitutional rights, nor disavow or disrespect the dignity of workers. no one is obliged to work without pay or without his free consent. article 24 the worker is entitled to adequate and fair compensation that ensures both himself and his family material and spiritual well-being. payment of wages and social benefits for the worker takes priority over any other obligation of the employer. minimum wages are regulated by the state with participation of representative organizations of workers and employers. article 25 the normal workday is eight hours, or the normal workweek is forty-eight hours, at the longest. in the case of cumulative or atypical workdays, the average number of work hours during an equivalent period may not exceed that maximum. workers have the right to weekly and annual paid vacations. this benefit and compensation are regulated by law or agreement. article 26 the following principles must be respected in labor relationships: equal opportunity without discrimination. inalienability of the rights recognized by the constitution and the law. interpretation in favor of the worker in cases of insurmountable doubt on the meaning of a regulation. article 27 the law grants the worker suitable protection against unfair dismissal. article 28 the state recognizes the right of workers to join trade unions, to engage in collective bargaining, and to strike. it ensures their democratic exercise by: guaranteeing freedom to form trade unions. encouraging collective bargaining and promoting peaceful settlement to labor disputes. collective agreements are binding in the matters concerning their terms. regulating the right to strike so that it is exercised in harmony with the social interest. it defines exceptions and limitations. article 29 the state recognizes the right of workers to share in enterprise profits and promotes other forms of participation. chapter iii. political rights and duties article 30 all peruvians above the age of eighteen are citizens. to exercise citizenship, they must be registered to vote. article 31 citizens are entitled to take part in public affairs by means of referendum, legislative initiative, removal or revocation of authorities, and demands for accountability. they also have the right to be elected and to freely elect their representatives in accordance with the provisions and procedures set forth by the organic act. it is a right and a duty of residents to participate in the municipal government of their jurisdiction. the law governs and promotes direct and indirect mechanisms of this participation. every citizen has the right to vote in the enjoyment of his civil capacity. to exercise this right, he is required to be properly registered. voting is personal, equal, free, secret, and compulsory up to the age of seventy years and optional after this age. the law establishes the mechanisms to guarantee the neutrality of the state during elections and citizen participation processes. any act that prohibits or abridges the exercise of citizen rights shall be null and punishable. article 32 a referendum may be held on the following: partial or complete amendment of the constitution. approval of binding rules. municipal ordinances. matters regarding the decentralization process. abolition or abridgement of the fundamental rights of the person may not be submitted to a referendum, neither may tax and budget rules nor international treaties in force. article 33 exercise of citizenship may be suspended by: judicial interdiction. sentence of imprisonment. sentence of disqualification from political rights. article 34 members of the armed forces and the national police are entitled to vote and to citizen participation as governed by law. they may not be elected, participate in political activities or demonstrations, or engage in acts of proselytism while they are on active duty, in accordance with the law. article 34-a persons on whom a conviction issued in the first instance is rendered, as authors or accomplices, for the commission of intentional crime, are prevented from running for popularly elected positions. article 35 citizens may exercise their rights individually or through political organizations, such as political parties, movements, or alliances, in accordance with the law. such organizations contribute to the development and expression of the will of the people. their entry in the proper register confers legal personhood upon such entities. the law establishes provisions aimed at ensuring the democratic functioning of political organizations and transparency regarding the origin of their economic resources, as well as their verification, supervision, control and sanction. the financing of political organizations can be public and private. it is governed by law according to criteria of transparency and accountability. public financing promotes the participation and strengthening of political organizations under criteria of equality and proportionality. private financing is carried out through the financial system with the corresponding exceptions, caps and restrictions. illegal financing generates the respective administrative, civil and criminal sanction. the dissemination of electoral propaganda in radio and television media is only authorized through indirect public financing. article 36 the state recognizes political asylum. it accepts the status of the asylee determined by the state granting asylum. in cases of expulsion, the asylee shall not be returned to the country whose government persecutes him. article 37 the executive branch is the sole competent authority for granting extradition following an opinion by the supreme court, in accordance with the law and treaties, and in compliance with the principle of reciprocity. extradition shall not be granted when it is determined that the request was motivated by persecution or punishment on grounds of religion, nationality, opinion, or race. those persecuted for political offenses or related acts are excluded from extradition. genocide, assassination of a political figure, or crimes of terrorism are not considered as such. article 38 all peruvians have the duty to honor peru and to protect national interests, as well as to respect, obey, and defend the constitution and the code of laws of the nation. chapter iv. public service article 39 all public officials and civil servants are in the service of the nation. the president of the republic is the highest official in the service of the nation, followed by, in this order of importance: congressmen, members of the cabinet, members of the constitutional court and the council of the magistracy, justices of the supreme court, the prosecutor general of the nation and the ombudsman, in the same category, and the representatives of the decentralized agencies and mayors, in accordance with the law. article 39-a persons on whom a conviction issued in the first instance is rendered, as authors or accomplices, for the commission of intentional crime, are prevented from exercising public function, by appointment to positions of trust. article 40 the law regulates the entry into the civil service, as well as the rights, duties, and responsibilities of public servants. officials holding political posts and posts of trust are not included in the civil service. no official or civil servant may hold more than one remunerated office, with the exception of an additional teaching position. by law, with the favorable vote of more than half of the legal number of congressmen, the exception of the previous paragraph is temporarily extended, for specialist medical or health care personnel, in the event of a health emergency. workers employed in state-owned enterprises or public and private joint-ventures are not included in the civil service. incomes received for any purpose by senior officials and other civil servants, as the law prescribes by virtue of their posts, must be published periodically in the official gazette. article 41 officials and public servants whom the law specifies or who manage or handle state funds or funds of bodies financially supported by the state shall make a statement of property owned and of income upon assuming, holding, and leaving office. the corresponding publication is to be made in the official gazette under the terms and conditions prescribed by the law. when there is presumption of illicit enrichment, the prosecutor general shall, by complaint from third parties or by virtue of his office, bring charges before the court. the law sets forth the responsibilities of officials and civil servants, as well as the duration of their ineligibility for public office. the statute of limitations for criminal action is doubled in the case of crimes committed against the public administration or state assets, both for civil servants or public servants and for individuals. the criminal action is imprescriptible in the most serious cases, in accordance with the principle of legality. article 42 the rights of civil servants to unionize and strike are acknowledged by law. state officials with decision-making powers, those in posts of trust or of management, as well as members of the armed forces and the national police are not included herein. title ii. the state and the nation chapter i. the state, the nation, and the territory article 43 the republic of peru is democratic, social, independent, and sovereign. the state is one and indivisible. its form of government is unitary, representative, and decentralized. it is organized pursuant to the principle of separation of powers. article 44 the fundamental duties of the state are to defend the national sovereignty, to guarantee full enjoyment of human rights, to protect the population from threats to their security, and to promote general welfare based on justice and the comprehensive and balanced development of the nation. it is also the duty of the state to establish and implement the border policy and to promote integration, in particular of latin america, as well as the development and cohesiveness of border zones, in accordance with the foreign policy. article 45 the power of the state emanates from the people. those who exercise it do so within the limitations and under the responsibilities set forth by the constitution and the law. no individual, organization, branch of the armed forces, national police force, or group of people may arrogate to themselves the exercise of such power. to do so constitutes rebellion or sedition. article 46 no one owes obedience to a usurper government or to anyone who assumes public office in violation of the constitution and the law. the civil population has the right to insurrection in defense of the constitutional order. acts of those who usurp public office are null and void. article 47 the defense of state interests is the responsibility of the state attorneys in accordance with the law. the state is exempted from payment of judicial costs and expenses. article 48 the official languages of the state are spanish and, wherever they predominate, quechua, aymara, and other native tongues, in accordance with the law. article 49 the capital of the republic of peru is the city of lima. its historical capital is the city of cusco. the symbols of the nation are the flag with three vertical stripes in red, white, and red; the coat of arms, and the national hymn, as established by law. article 50 within an independent and autonomous system, the state recognizes the catholic church as an important element in the historical, cultural, and moral formation of peru, and lends the church its cooperation. the state respects other denominations and may establish forms of collaboration with them. article 51 the constitution prevails over any other legal rule, the laws over lower level provisions, and so on successively. publication is essential to the enforcement of any legal rule of the state. article 52 all those born within the territory of the republic are peruvians by birth, as well as those born abroad of a peruvian father or mother and duly registered, conforming to law. those who acquire the nationality by naturalization or choice are also peruvians, as long as they maintain a residency in peru. article 53 ways of acquisition or recovery of nationality are determined by law. peruvian nationality cannot be lost, unless by express renunciation before a competent peruvian authority. article 54 the territory of the republic is inalienable and inviolable. it includes the soil, the subsoil, the maritime dominion, and the superjacent airspace. the maritime dominion of the state includes the sea adjacent to its coasts, as well as the seabed and subsoil thereof, extending out to a distance of 200 nautical miles measured from the baselines established by law. in its maritime dominion, the state exercises sovereignty and jurisdiction, without prejudice to the freedoms of international communication, in accordance with the law and treaties ratified by the state. the state exercises sovereignty and jurisdiction over the airspace of its territory and its adjacent sea up to the limit of 200 miles, without prejudice to the freedoms of international communication, in conformity with the law and treaties ratified by the state. chapter ii. treaties article 55 treaties formalized by the state and in force are part of national law. article 56 treaties must be approved by the congress before their ratification by the president of the republic, provided that they concern the following matters: human rights. sovereignty, dominion, or integrity of the state. national defense. financial obligations of the state. treaties that create, modify, or eliminate taxes that require modification or repeal of any law, or that require legislative measures for their application, must also be approved by the congress. article 57 the president of the republic may formalize or ratify treaties or accede to them without previous approval by the congress in matters not contemplated in the preceding article. in all such cases, the president must notify the congress. when a treaty affects constitutional provisions, it must be approved by the same procedure established to reform the constitution prior to its ratification by the president of the republic. denunciation of treaties is within the power of the president of the republic, who has the duty to notify the congress. in the case of treaties subject to approval by congress, such denunciation requires its previous approval. title iii. the economic system chapter i. general principles article 58 private initiative is free. it is exercised within a social market economy. under this system, the state guides the development of the country and it is principally active in promoting employment, health, education, security, public services, and infrastructure. article 59 the state promotes the creation of wealth and guarantees the freedom to work, as well as free enterprise, trade, and industry. the exercise of these freedoms must not be harmful to the public morals, health, or safety. the state provides opportunities to those sectors suffering from unequal opportunity for advancement. in this spirit, it promotes small businesses of all types. article 60 the state recognizes economic pluralism. the national economy is sustained in the coexistence of diverse forms of ownership and enterprise. authorized solely by express law, the state may subsidiarily engage in business activities, directly or indirectly, for reasons of high public interest or manifest national convenience. business activity receives the same legal treatment, whether public or private. article 61 the state facilitates and oversees free competition. it fights any practice that would limit it and the abuse of dominant or monopolistic positions. no law or arrangement may authorize or establish monopolies. the press, radio, television, and other means of expression and social communication and, in general, enterprises, goods and services related to freedom of speech and communication, cannot be objects of exclusivity, monopoly, or hoarding, directly or indirectly, by the state or private parties. article 62 the freedom of contract guarantees that parties may validly negotiate, according to the rules in effect at the time of the contract. contractual terms may not be modified by laws or any other provision whatsoever. conflicts deriving from contractual relations may be resolved solely through arbitration or judicial recourse, in accordance with the protective mechanisms provided for in the contract, or established by law. by means of contract law, the state may provide guarantees and grant security. these may not be modified legislatively, without prejudice to the protection provided in the preceding paragraph. article 63 national and foreign investments are subject to the same conditions. the production of goods, services, and foreign exchange are free. if another country or other countries adopt protectionist or discriminatory measures that are detrimental to the national interest, the state may, in defense of it, adopt similar measures. all contracts of the state and public corporations with resident foreign nationals are subject to the national laws and courts of competent jurisdiction, and surrender to any diplomatic claim. contracts of a financial nature may be exempted from national jurisdiction. the state and other public corporations may submit controversies arising from their contractual relations to courts specially established by virtue of treaties in effect. they may also submit them to national or international arbitration in the manner provided by law. article 64 the state guarantees the free possession and disposition of foreign currency. article 65 the state defends the interests of consumers and clients. for this purpose, it guarantees the right to information on goods and services available to them on the market. likewise, it especially watches over the health and security of the population. chapter ii. the environment and the national resources article 66 natural resources, renewable and non-renewable, are patrimony of the nation. the state is sovereign in their utilization. an organic law fixes the conditions of their use and grants them to private individuals. such a concession grants the title holders a real right subject to those legal regulations. article 67 the state determines the national environmental policy. it also promotes the sustainable use of its natural resources. article 68 the state is obliged to promote the conservation of biological diversity, and protected natural areas. article 69 the state promotes the sustainable development of the amazonia by means of appropriate legislation. chapter iii. property article 70 the right to property is inviolable. the state guarantees it. it is exercised in harmony with the common good, and within the limits of the law. no one shall be deprived of his property, except, exclusively, on grounds of national security or public need determined by law, and upon cash payment of the appraised value, which must include compensation for potential damages. proceedings may be instituted before the judiciary to challenge the property value established by the state in the expropriatory procedure. article 71 with respect to property, foreign nationals, whether they are persons or corporate entities, fall under the same conditions as peruvians. therefore, they may in no instance invoke exception or diplomatic protection. however, within a distance of fifty kilometers from the borders, foreigners may not acquire or possess under any title, directly or indirectly, mines, lands, woods, water, fuel, or energy sources, whether individually or in partnership, under penalty of losing that so acquired right to the state. the sole exception involves cases of public need expressly determined by executive decree and approved by the cabinet, in accordance with the law. article 72 the law may temporarily, solely on grounds of national security, set forth specific restrictions and bans on acquisition, possession, exploitation, and transfer of certain types of property. article 73 public property is inalienable and may not be prescribed. property available for public use may be granted to private parties, in accordance with the law, for its economic development. chapter iv. tax and budget regime article 74 taxes are created, modified, or abolished. exemptions are granted exclusively by law or by legislative decree in case of delegation of powers, except for tariffs and rates, which are regulated by an executive decree. regional and local governments may create, modify, and eliminate taxes and rates, or exempt the same within their jurisdiction and within the limits defined by law. in exercising its taxing power, the state shall respect the principle of the legal reservation and those principles concerning equality and respect for basic rights of the person. no tax shall have a confiscatory nature. budget acts and emergency decrees shall not contain provisions on taxes. laws concerning annual taxes come into force on the first day of january of the year following their enactment. tax provisions set forth in violation of this article are null and void. article 75 the state guarantees payment of public debt only when contracted by constitutional governments, in accordance with the constitution and the law. the domestic and foreign debt operations of the state are approved in accordance with the law. municipalities may undertake credit transactions charged against their own resources and assets without requiring legal authorization. article 76 public works and acquisition of supplies with public funds or resources are compulsorily based on contracts and public bidding, as are the acquisition and sale of assets. the contracting of services and projects, whose importance and amount are determined by the budget act is done by public bidding. the law sets forth the procedures, exceptions and respective responsibilities. article 77 the economic and financial administration of the state is governed by the budget passed annually by congress. the budget structure of the public sector consists of two parts: the central government and decentralized agencies. the budget allocates public resources fairly. its programming and implementation depend on efficiency criteria that concern basic social necessities and decentralization. in accordance with the law, every circumscription shall receive an adequate share of the total income and revenue collected by the state for the utilization of natural recourses in each zone as a natural resource royalty (canon). article 78 the president of the republic sends the budget bill to the congress each year with a deadline expiring on august 30th. on the same date, he also sends the national debt and financial stability bills. the budget bill shall be effectively balanced. loans from the central reserve bank of peru or the bank of the nation are not considered fiscal revenue. loans shall not cover current expenditures. the budget shall not be passed without an appropriation for the servicing of public debt. article 79 members of congress have no initiative for creating or increasing public spending, except on matters of their budget. the congress may not pass taxes for predetermined purposes, except upon request of the executive branch. in any other case, tax laws concerning benefits or exemptions require a previous report of the ministry of economy and finance. only by express law, passed by two-thirds of congressmen, may a special tax treatment for a specific zone of the country be selectively and temporarily extended. article 80 the minister of economy and finance sustains the income statement before the plenary assembly of congress. each minister maintains the expenditure statement of his own sector; prior to that, they shall sustain the outcomes and goals of the previous year budget execution, and the budget implementation progress of the current fiscal year. likewise, the chief justice of the supreme court, the prosecutor general of the nation, and the president of the national election board sustain the statements of their own institutions. if the enrolled budget bill is not referred to the executive branch by november 30th, the executive original draft bill comes into effect and is enacted by legislative decree. the supplemental credits, additional expenditure and transfers of items are handled before congress in the same manner as the budget act. during the congressional recess, they are handled in the permanent assembly. to pass, the votes of three-fifths of the legal number of its members are required. article 81 the general account of the republic, accompanied by the audit report of the office of the comptroller general, is submitted by the president of the republic to the congress by august 15th of the year following the implementation of the budget. the general account is examined and reported upon by a review committee by october 15th. congress shall vote on its passage at the latest on october 30th. if the congress fails to vote within this period, the review committee shall submit its opinion to the executive branch so that it may enact a legislative decree that includes the general account. article 82 the office of the comptroller general is a decentralized body of public law that enjoys autonomy in accordance with its organic act. it is the highest body of the national control system. it is responsible for overseeing the respective legalities of the implementation of the national budget, public debt operations, and activities of institutions subject to its control. the congress appoints the comptroller general for seven years upon recommendation from the executive branch. he may be removed by congress for gross misconduct. chapter v. currency and banking article 83 the law determines the monetary system of the republic. issuance of bills and coins is under the exclusive power of the state. such power is exercised through the central reserve bank of peru. article 84 the central bank is a corporate entity under public law. it is autonomous in conformity with its organic act. its aim is to preserve monetary stability. its functions are: to regulate the currency and credit of the financial system, to manage the international reserve under its responsibility, and to perform other functions as provided in its organic act. the bank accurately and periodically informs the country about the state of the national finances under the responsibility of its board of directors. the bank may not grant financing to public funds, except for the purchase on the secondary market of securities issued by the treasury within the limits set forth by its organic act. article 85 the bank may conduct credit operations and formalize agreements, in order to cover temporary imbalances in its international reserves. a legal authorization is required, when the amount of such operations or agreements exceeds the limit as set forth in the budget of the public sector, which must be reported to congress. article 86 the bank is managed by a board of directors consisting of seven members. the executive branch shall appoint four members, including the president, who must be ratified by the congress. likewise, congress votes the other three members through an absolute majority of the legal number of its members. all directors of the bank are appointed for the same constitutional term as the president of the republic. they do not represent any particular entity or interest. congress may remove them for gross misconduct. in the event of such removal, the new directors hold office for the remaining constitutional term. article 87 the state encourages and guarantees savings. the law establishes the obligations and limits of enterprises that collect savings from the public, as well as the mode and extent of such guarantees. the superintendence of banking, insurance, and private pension fund management firms is responsible for control over banking, insurance, and private pension fund management firms, other companies collecting deposits from the public, and those that conduct related and similar operations, as set forth in law. the law establishes the organization and functional autonomy of the superintendence of banking, insurance, and private pension fund management firms. the executive branch appoints the superintendent of banking, insurance, and private pension fund management firms for the period corresponding to its constitutional term of office. the congress ratifies him. chapter vi. the agricultural regime and rural and native communities article 88 the state preferentially supports agricultural development and guarantees the right to ownership of the land, whether private, communal, or in any other form of partnership. the law may define boundaries and land area based on the features of each zone. according to legal provision, abandoned land reverts to state ownership, to be placed on the market. article 89 the rural and native communities have legal existence and are corporate entities. they are autonomous in their organization, community work, and the use and free disposal of their lands, as well as in the economic and administrative aspects within the framework provided by law. the ownership of their lands may not prescribe, except in the case of abandonment described in the preceding article. the state respects the cultural identity of the rural and native communities. title iv. the structure of the state chapter i. the legislative branch article 90 the legislative branch shall be vested in congress, which has a single chamber. there are 130 congressmen, elected for terms of five years through an election process organized in accordance with the law. candidates for the presidency may not be among the lists of congressional candidates. candidates for vice presidencies may simultaneously be congressional candidates. to be elected congressman, one must be peruvian by birth, have attained the age of twenty-five years, and enjoy the right to vote. article 90-a parliamentarians cannot be reelected for a new term, immediately, in the same position. article 91 the following persons may not be elected members of the national parliament if they have not resigned their offices six (6) months before the election: ministers and deputy ministers, and the comptroller general. members of the constitutional court, the national board of justice, the judicial branch, the office of the prosecutor general, the national election board, and the ombudsman. the president of the central reserve bank, the superintendent of banking, insurance, and private pension fund management firms, and the national superintendent of tax administration. members of the armed forces and the national police on active duty. other individuals as provided in the constitution. article 92 the office of congressman is a full-time job. therefore, members are prohibited from holding any other office, profession, or occupation during the time in which congress operates. the term of office for congressman is incompatible with any other public office, except that of minister and, with prior authorization of congress, the participation in select committees on international affairs. the office of congressman is likewise incompatible with positions such as manager, proxy, representative, trustee, attorney, majority shareholder, or member of the board of directors of enterprises that have work, supply, or provision contracts with the state or that manage public revenues or render public services. the office of congressman is incompatible with similar positions in enterprises that receive concessions from the state during the term of office of the congressman, as well as in enterprises of the financial credit system supervised by the superintendence of banking, insurance, and private pension fund management firms. article 93 congressmen represent the nation. they are not subject to any binding mandate or interpellation. they are not responsible to any authority or jurisdictional body for votes cast or opinions expressed in the exercise of their functions. the magistrates of the constitutional court and the ombudsman enjoy the same prerogatives as the congressmen. the prosecution for the commission of common crimes charged to congressmen of the republic during the exercise of their mandate is the competence of the supreme court of justice. in case of commission of crimes before assuming the mandate, the ordinary criminal judge is competent. article 94 congress drafts and passes its own standing rules, which have the force of law. it also elects members to serve on the permanent assembly and committees, defines the organization and functions of parliamentary groups, manages its finances, approves its budget, appoints and removes its officers and employees, and grants them benefits in accordance with the law. article 95 the legislative mandate is non renounceable. the disciplinary penalties imposed by congress on its members, when involve suspension from their duties, may not exceed 120 days of the legislative session. article 96 any member of congress may ask ministers, the national election board, the comptroller general, the central reserve bank, the superintendence of banking, insurance, and private public fund management firms, the regional and local governments, and other institutions as provided by law for any information as he deems necessary. the request must be made in writing and be in conformity with the standing rules of congress. failure to respond results in legal liability. article 97 congress may initiate investigations on any matter of public interest. upon request, appearances before the committees responsible for such investigations are compulsory, under the same requirements as judicial proceedings. in order to accomplish their purposes, such committees may have access to any information, which may entail lifting bank secrecy and the confidentiality of tax filings; except for information affecting personal privacy. the conclusions of the committees are not binding to jurisdictional bodies. article 98 the president of the republic is obliged to place at the disposal of the congress those members of the armed forces and the national police requested by the president of congress. the armed forces and the national police shall not enter the premises of congress without authorization from its president. article 99 it is the duty of the permanent assembly to accuse before congress: the president of the republic, members of congress, ministers, members of the constitutional court, members of the national board of justice, the justices of the supreme court, supreme prosecutors, the ombudsman, and the comptroller general, for any violation of the constitution or any crime committed during the performance of their duties and for up to five years after they have left office. article 100 it is the duty of the congress, without participation of the permanent assembly, to decide whether or not to suspend an accused official or declare him ineligible for public service for up to ten years, or to remove him from office without prejudice to any other responsibility. during these proceedings, the accused official has the right to defend himself or to be assisted by counsel before the permanent assembly and congress as a whole. in cases of a criminal indictment, the prosecutor general files criminal charges with the supreme court within five days. the justice of the supreme court responsible for criminal affairs then initiates the criminal proceedings. acquittal by the supreme court restores political rights to the accused official. the terms of the prosecutorial accusation and the order to start proceedings may not go beyond or below the terms of the congress charges. article 101 congress shall elect the members of the permanent assembly. the membership shall be proportional to that of the representatives in each parliamentary group and shall not exceed twenty-five percent of the total number of congressmen. it is the duty of the permanent assembly: to appoint the comptroller general upon recommendation from the president of the republic. to ratify the appointments of the president of the central reserve bank and the superintendent of banking, insurance, and private pension fund management firms. to approve the supplemental credits, budget transfers, and supplemental allotments during the parliamentary recess. to exercise the delegation of legislative powers conferred by congress. matters relating to constitutional reform, approval of international treaties, organic acts, the budget act, and the general account of the republic act may not be delegated to the permanent assembly. to perform other responsibilities as set forth in the constitution and the standing rules of congress. article 102 it is the duty of the congress: to pass laws and legislative resolutions, as well as to interpret, amend, or repeal existing laws. to ensure respect for the constitution and the laws; and to do whatever is necessary to hold violators responsible. to conclude treaties, in accordance with the constitution. to pass the budget and the general account. to authorize loans, in accordance with the constitution. to exercise the right to amnesty. to approve the territorial demarcation proposed by the executive branch. to consent to the entry of foreign troops into the territory, whenever it does not affect, in any manner, national sovereignty. to authorize the president of the republic to leave the country. to perform any other duties as provided in the constitution and those inherent in the legislative function. chapter ii. the legislative function article 103 special laws may be passed because they are required by the nature of things, but not because of differences between persons. after its entry into force, the law is applied to the consequences of existing legal relations and situations, and it does not have retroactive force or effect, except, in both cases, in criminal matters when such application favors the defendant. a law is repealed only by another law. a law is null by declaration of unconstitutionality. the constitution does not endorse the abuse-of-rights doctrine. article 104 congress may delegate the power to legislate to the executive branch through legislative decrees on specific matters and in the term established by the authorizing law. congress may not delegate those non-delegable matters to the permanent assembly. as to their promulgation, publication, enforcement, and effects, legislative decrees are subject to the same rules governing the law. the president of the republic reports to congress or the permanent assembly on each legislative decree. article 105 no bill shall be passed without previously approval of the competent ruling committee, except as provided in the standing rules of congress. bills sent by the executive branch of an urgent nature shall have priority in congress. article 106 organic acts govern the structure and operation of state bodies as defined in the constitution, as well as other matters whose regulation by such acts is established in the constitution. bills of organic acts are processed like any other law. in order to pass or amend them, the vote of more than half of the legal number of members of congress is required. chapter iii. lawmaking and enactment article 107 both the president of the republic and the congressmen have the right to initiative in lawmaking. the same right, in matters within their competence, is also enjoyed by the other state branches, autonomous public agencies, regional and local governments, and professional associations. likewise, citizens possess the right to initiative in accordance with the law. article 108 as provided in the constitution, the passed law is referred to the president of the republic for enactment within fifteen days. if the president of the republic fails to enact the law, the president of congress or the president of permanent assembly is responsible for its enactment, as appropriate. if the president of the republic has observations to share regarding the whole or any part of the law passed by the congress, he shall submit them to the legislature within fifteen days. once the law has been reconsidered by congress, its president enacts the law with the vote of more than half the legal number of congressmen. article 109 the law comes into force the day following its publication in the official gazette, unless a provision of the same law delays its effect in whole or in part. chapter iv. the executive branch article 110 the president of the republic is the head of the state and personifies the nation. to be elected president of the republic, one must be peruvian by birth, have attained the age of thirty-five years at the time of candidacy, and enjoy the right to vote. article 111 the president of the republic is elected by direct suffrage. the candidate who obtains more than half the votes is elected. invalid or blank votes are not counted. if no candidate receives an absolute majority, a run-off election is held within thirty days following the proclamation of the official results between the two candidates with the highest relative majorities. two vice presidents are elected together with the president, in the same manner and under the same requirements and terms. article 112 the presidential term of office lasts five years. there is no immediate reelection. a former president may run again following at least one constitutional term, subject to the same conditions. article 113 the president of the republic may vacate his office for the following reasons: death of the president of the republic. his permanent physical or moral incapacity declared by congress. acceptance of his resignation by congress. his departure from the national territory without permission from congress or his failure to return within the agreed time. his removal from office after having been penalized for any of the violations mentioned in article 117 of the constitution. article 114 the office of president of the republic is suspended in the event of: temporary incapacity of the president declared by congress. his subjection to judicial proceedings pursuant to article 117 of the constitution. article 115 in the event of temporary or permanent incapacity of the president of the republic, the first vice president shall assume the duties thereof, or, in his absence, the second vice president, or, in the event of incapacity of both, the president of congress. whenever the incapacity is permanent, the president of congress may immediately call an election. when the president leaves the national territory, the first vice president is charged with his office, or, in his absence, the second vice president. article 116 the president of the republic shall take an oath prescribed by law and assume office before the congress on july 28th of the year in which the election is held. article 117 during his term of office, the president of the republic may only be charged with: committing high treason; preventing presidential, congressional, regional, or municipal elections; dissolving congress, except in cases as set forth in article 134 of the constitution; and preventing the meeting or operation of congress, the national election board, or other bodies of the election system. article 118 it is the duty of the president of the republic: to observe and enforce the constitution and treaties, laws, and other legal provisions. to represent the state inside and outside of the republic. to manage the general policy of the government. to ensure the domestic order and external security of the nation. to call elections for president of the republic and congressmen, as well as mayors, council members, and other officials, as set forth by law. to convene congress in special session; and, in that event, to sign the convention decree. to deliver messages to congress at any time and compulsorily, either in person or in writing, at the commencement of the first regular session. annual messages shall include detailed reports on the state of the nation, and improvements and reforms the president deems necessary and relevant for consideration by the congress. except in the first instance, the messages of the president are approved by the cabinet. to exercise the power of regulating laws without violating or distorting them and, within these limits, to issue decrees and resolutions. to observe and enforce the judgments and orders of jurisdictional bodies. to observe and enforce the resolutions of the national election board. to manage foreign policy and international affairs, and to formalize and ratify treaties. to appoint ambassadors and plenipotentiaries, upon approval by the cabinet and with the duty to inform congress. to welcome foreign diplomatic agents and authorize consuls to perform their duties. to preside over the national defense system and organize, allot, and order the mobilization of the armed forces and national police. to take the necessary measures to ensure the defense of the republic, the integrity of the territory, and the sovereignty of the state. to declare war and sign peace treaties with the authorization of congress. to manage the public treasury. to negotiate loans. to promulgate special measures in economic and financial spheres, through emergency decrees with force of law, as required by the national interest and with the duty to report to congress. such emergency decrees may be modified or repealed by congress. to regulate customs tariffs. to grant pardons and commute sentences, and to exercise the grant of executive clemency to the accused, in cases where the stage of criminal proceedings has exceeded double the term plus extension. to award decorations on behalf of the nation with the agreement of the cabinet. to authorize peruvians to serve in a foreign army. to exercise the other duties of government and administration entrusted to him by the constitution and law. chapter v. the cabinet article 119 the administration and management of public services are entrusted to the cabinet and to each minister in the matters of his portfolio. article 120 acts of the president of the republic without ministerial countersignature are null and void. article 121 the collected ministers form the cabinet. its organization and duties are stipulated by law. the cabinet has its own president. the president of the republic presides over the cabinet when he convenes it or when he attends its meetings. article 122 the president of the republic appoints and removes the president of the cabinet from office. he appoints and removes other ministers with the recommendation and consent respectively of the president of the cabinet. article 123 it is the duty of the president of the cabinet, who may be a minister without portfolio: to be, after the president of the republic, the authorized spokesperson for the government. to coordinate the duties of the other ministers. to countersign legislative and emergency decrees, and any other decrees or resolutions as stated in the constitution and the law. article 124 to be a minister, one must be peruvian by birth, exercise his rights to citizenship, and have attained twenty-five years of age. members of the armed forces and the national police may be ministers. article 125 it is the duty of the cabinet: to approve the bills submitted to congress by the president of the republic. to approve legislative and emergency decrees enacted by the president of the republic, as well as bills, decrees, and resolutions as set forth by law. to deliberate on matters of public interest. to perform other duties as set forth in the constitution and law. article 126 any agreement of the cabinet requires the affirmative voting of the majority of its members and it is stated on record. ministers shall not hold any other public office, except legislative functions. ministers shall neither be a manager of their own interests or those of third parties, engage in profitable activities, nor may they be involved in the administration or management of private enterprises or associations. article 127 there are no interim ministers. the president of the republic may entrust a minister to assume the duties of another on grounds of incapacity while retaining his portfolio, but such responsibility may neither exceed thirty days nor be transferable to other ministers. article 128 ministers are individually responsible for their own acts and for the presidential acts they countersign. all ministers are jointly liable for criminal and violating acts of the constitution and for laws created by the president of the republic or agreed to by the cabinet, even when they dissent from the majority opinion, unless they immediately resign. article 129 the cabinet as a whole or the ministers separately may attend sessions of congress and participate in its debates with the same prerogatives as members of congress, except that of voting if they are not congressmen. they also attend when they are invited for reporting. the president of the cabinet or at least one of the ministers shall periodically attend the plenary sessions of congress to respond to questions. chapter vi. relations with the legislative branch article 130 within thirty days of having assumed his functions, the president of the cabinet and the other ministers shall attend congress to present and discuss the general policy of the government and the main measures required for its implementation, asking for a vote of confidence. if congress is not convened, the president of the republic calls a special session. article 131 attendance is compulsory for the cabinet or any of the ministers whenever congress calls upon them for interpellation. interpellation is made in writing, and shall be submitted by at least fifteen percent of the legal number of congressmen. for its introduction, at least a third of the number of qualified congressmen is required. a vote must be taken at the following session. congress determines the date and time for ministers to respond to interpellation. this may not occur or be voted upon before the third or after the tenth day following its submission. article 132 congress makes effective the political liability of the cabinet or of each minister individually, through a vote of no confidence or by defeating a vote of confidence. the latter may only be proposed by ministerial initiative. any motion of no confidence against the cabinet or any minister shall be introduced by at least twenty-five percent of the legal number of congressmen. it is subject to debate and a vote between the fourth and tenth calendar day following its introduction. its approval requires the vote of over half the legal number of congressmen. a censured cabinet or minister must resign. the president of the republic shall accept the resignation within the subsequent seventy-two hours. defeat of a ministerial initiative does not force the minister to resign, unless its approval was made a vote of confidence. article 133 the president of cabinet may introduce before congress a vote of confidence on behalf of the cabinet. a total cabinet crisis occurs if the confidence is rejected or the president of cabinet is censured, or if he resigns or is removed by the president of the republic. article 134 the president of the republic has the power to dissolve congress if it has censured or denied its confidence to two cabinets. the dissolution decree shall contain a call for the election of a new congress. such elections shall be held within four months of the dissolution of congress, without any alteration of the existing electoral system. congress may not be dissolved during the last year of its term. once congress is dissolved, the permanent assembly, which may not be dissolved, continues exercising its functions. there is no other form to revoke the parliamentary mandate. under a state of siege, congress may not be dissolved. article 135 when the new congress convenes, it may censure the cabinet, or deny it a vote of confidence once the president of the cabinet has explained the acts of the executive branch before congress during the parliamentary interregnum. during the interregnum, the executive branch legislates through emergency decrees, which it submits to the permanent assembly for examination and eventual submission to congress once it reconvenes. article 136 if elections are not held within the stated term, the dissolved congress convenes by law, regains its powers, and removes the cabinet from office. none of its members may be reappointed minister for the rest of the presidential term. a congress elected in this manner replaces the previous one, including the permanent assembly, and finishes the constitutional term of the dissolved congress. chapter vii. state of exception article 137 the president of the republic, with the consent of the cabinet, may decree for a determined time period in all or part of the national territory, and with a duty to report to congress or permanent assembly, a state of exception as provided for in this article: a state of emergency, in case of disturbances of the peace or the domestic order, disasters, or serious circumstances affecting the life of the nation. in this case, the exercise of constitutional right relating to personal freedom and security, the inviolability of the home, and freedom of assembly and movement in the territory as set forth in paragraphs 9, 11, and 12 of article 2 and in paragraph 24, subparagraph f of the same article, may be restricted or suspended. under no circumstances shall anyone be exiled. the state of emergency period shall not exceed sixty days. its extension requires a new decree. under a state of emergency, the armed forces may assume control over domestic order if the president of the republic so decides. a state of siege, in case of invasion, foreign or civil war, or imminent danger that such events might occur, with mention to those fundamental rights whose exercise is not restricted or suspended. the applicable period shall not exceed forty-five days. when the state of siege is declared, congress convenes by law. its extension requires congressional approval. chapter viii. the judicial branch article 138 the power of administering justice emanates from the people. the judicial branch exercises it through its hierarchical entities in accordance with the constitution and laws. in all proceedings, when an incompatibility exists between a constitutional and a legal rule, judges shall decide based on the former. likewise, they shall choose a legal rule over any other rule of lower rank. article 139 principles and rights of the jurisdictional function are the following: the unity and exclusivity of the jurisdictional function. no independent jurisdiction exists, nor shall it be established, except regarding the military and arbitration. there are no judicial proceedings by committing or delegation. the independence in the exercise of the jurisdictional function. no authority shall remove cases pending before a jurisdictional body or interfere in the exercise of its functions. neither shall they invalidate orders under res judicata, halt proceedings underway, nor modify sentences or delay their execution. these provisions do not affect grants of executive clemency or the authority of congressional investigations, the exercise of which may nevertheless not interfere in the jurisdictional proceedings or have any jurisdictional effect. the observance of due process and jurisdictional protection. no person shall be diverted from the jurisdiction predetermined by the law, nor shall anyone be subjected to proceedings other than those previously established, or be tried by exceptional jurisdictional bodies or special commissions created for that purpose, whatever the official title. the publicity of proceedings, unless otherwise provided by law. judicial proceedings involving the liabilities of public officials, crimes committed through the press, and those relating to fundamental rights guaranteed by the constitution are always public. the written explanation of court orders at all levels, except merely procedural decrees, with express mention of the applicable law and the factual grounds on which they are based. the plurality of the jurisdictional level. compensation, in the manner prescribed by law, for miscarriages of justice in criminal trials and arbitrary arrests, with prejudice to any liability that may be determined. the principle of never failing to administrate justice, despite loopholes or deficiencies in the law. in such cases, the general principles of law and customary law must be applied. the principle of the inapplicability through analogy of the criminal law and laws restricting rights. the principle that no one shall be punished without judicial proceedings. the most favorable application of the law to the defendant in cases of doubt or conflict between criminal laws. the principle that no person shall be convicted in absentia. the prohibition of reopening closed cases with a final order of conviction. amnesty, pardons, stays of execution, and prescription produce the effects of res judicata. the principle that no person shall be deprived of the right to defense at any stage of the proceedings. every person shall be notified immediately and in writing of the causes or reasons for his detention. in addition, he has the right to communicate in person with and be advised by the legal counsel of his choice upon being summoned or arrested by any authority. the principle that every person must be informed immediately and in written of the causes or reasons for his arrest. the principle of free administration of justice and a free defense for persons of limited means, as well as for everyone in those cases stipulated by law. the participation of the people in the appointment and removal of judges, in accordance with the law. the obligation of the executive branch to collaborate in trials, when required. the prohibition of the exercise of the judicial function by anyone who has not been appointed in the manner prescribed by the constitution or the law. jurisdictional bodies may not confer such an office, under penalty of liability. the principle that every person has the right to make analyses and criticisms of court orders and sentences, within the limits of law. the right of inmates and convicted individuals to be provided suitable facilities. the principle that the purpose of the criminal justice system is the reeducation, rehabilitation, and reintegration of the guilty into society. article 140 the death penalty shall only be applied for the crimes of treason in wartime and terrorism, in accordance with the laws and the treaties to which peru is bound. article 141 the supreme court may decide on judicial rulings as the court of last resort, when the action is filed with a superior court or before the supreme court itself, as provided by law. it also hears annulment appeals for decisions of the military court, within the limits set forth in article 173. article 142 decisions of the national election board concerning election matters are not subject to review, nor those of the national board of justice regarding evaluation and ratification of judges. article 143 the judicial branch consists of jurisdictional bodies, which administer justice on behalf of the nation, and bodies that exercise their government and administration. the jurisdictional bodies are the following: the supreme court of justice and the other courts and tribunals as determined by their organic acts. article 144 the chief justice of the supreme court is also the head of the judicial branch. the plenary session of the supreme court is the highest deliberation body of the judicial branch. article 145 the judicial branch submits its budget draft to the executive branch and sustains it before congress. article 146 judicial office is incompatible with any other public or private activity, except university teaching outside the working hours. judges receive only the compensation assigned in the budget and revenues earned from teaching or other functions expressly prescribed by law. the state guarantees judges: their independence. they are subject only to the constitution and the law. the irremovability of their office. they shall not be transferred without their consent. their continuance in office, as long as they show proper conduct and qualification for their function. a compensation ensuring them a standard of living befitting their office and rank. article 147 to be justice of the supreme court, one is required: to be a peruvian by birth. to exercise his citizenship. to be at least forty-five years of age. to have held the office of justice of the superior court or superior prosecutor for ten years, or to have practiced the law or taught a legal discipline at the university level for fifteen years. article 148 administrative resolutions under res judicata are susceptible to challenge through administrative action. article 149 authorities of rural and native communities, in conjunction with the peasant patrols, may exercise jurisdictional functions at the territorial level in accordance with common law, provided they do not violate the fundamental rights of the individual. the law provides forms for coordination of such jurisdiction with justices of the peace and other bodies of the judicial branch. chapter ix. national board of justice article 150 the national board of justice is responsible for the selection and appointment of judges and prosecutors, except those chosen through popular election. the national board of justice is independent and is governed by its organic act. article 151 the academy of the magistracy, which is part of the judicial branch, is responsible for the education and training of judges and prosecutors at all levels for the purposes of qualification. completion of the special studies required by the academy is necessary for promotion. article 152 justices of the peace are chosen by popular election. the election, its requirements, jurisdictional implementation, training, and duration of office are governed by law. the law may establish the election of trial judges and determine the relevant mechanisms. article 153 judges and prosecutors are prohibited to participate in politics, unionize, or declare themselves on strike. article 154 the functions of the national board of justice are: to appoint, following merits-based recruitment and personal evaluation, judges and prosecutors at all levels. such appointments require the public and motivated vote of two-thirds of the legal number of its members. to ratify, with a public and motivated vote, the judges and prosecutors at all levels every seven years; and to execute jointly with the academy of the magistracy the partial performance evaluation of judges and prosecutors at all levels every three years and six months. those not ratified or dismissed cannot re-enter the judicial branch or the office of the prosecutor general. to apply the penalty of removal to judges of the supreme court and supreme prosecutors; and, ex officio or at the request of the supreme court or the board of supreme prosecutors, respectively, to the judges and prosecutors of all instances. in the case of supreme judges and supreme prosecutors, it will also be possible to apply a warning or suspension of up to one hundred and twenty (120) calendar days, applying criteria of reasonableness and proportionality. the final resolution must be motivated and with a prior hearing of the interested party. it has an unchallengeable nature. to register, guard, keep updated and publish the register of disciplinary sanctions of judges and prosecutors. to extend to the judges and prosecutors the official title that accredits them. to present an annual report to the plenary of congress. article 155 the national board of justice is made up of seven regular members selected through a public merit contest, for a period of five years. reelection is prohibited. the substitutes are summoned by strict order of merit obtained in the contest. the public merit contest is the responsibility of a special commission, made up of: the ombudsman, who presides over it; the president of the judicial branch; the prosecutor general of the nation; the president of the constitutional court; the comptroller general of the republic; a rector elected by vote by the rectors of licensed public universities with more than fifty years of seniority; and, a rector elected in a vote by the rectors of licensed private universities with more than fifty years of seniority. the special commission must be installed, at the summons of the ombudsman, six months before the expiration of the mandate of the members of the national board of justice and ceases with the swearing-in of the elected members. the selection of the members is carried out through a procedure in accordance with the law, for which the special commission has the support of a specialized technical secretariat. the procedure provides the guarantees of probity, impartiality, publicity and transparency. article 156 to be a member of the national board of justice it is required: to be peruvian by birth. to be a citizen in exercise. to be over forty-five (45) years old, and under seventy-five (75) years old. to be a lawyer: with professional experience of not less than twenty-five (25) years; or, to have held the university chair for no less than twenty-five (25) years; or, to have worked as a researcher in legal matters for at least fifteen (15) years. to not have a final conviction for a fraudulent crime. to have a recognized professional trajectory and solvency and moral suitability. the members of the national board of justice enjoy the same benefits and rights and are subject to the same obligations and incompatibilities as the supreme judges. their function must not incur a conflict of interest and is incompatible with any other public or private activity outside working hours. except for university teaching. article 157 the members of the national board of justice may be removed from office by a decision of congress due to gross misconduct, with the affirmative vote of two-thirds of the legal number of congressmen. chapter x. the office of the prosecutor general article 158 the office of the prosecutor general is autonomous. it is headed by the prosecutor general of the nation, who is elected by the board of supreme prosecutors. the term of office for the prosecutor general of the nation is three years and it may be extended for another two years if reelected. members of the office of the prosecutor general enjoy the same rights and prerogatives, and are subject to the same duties and legal incompatibilities, as their counterparts in the judicial branch. likewise, their appointments are subject to the same requirements and procedures as those of members of the judicial branch within their respective categories. article 159 it is the duty of the office of the prosecutor general: to bring a lawsuit, ex officio or by private complaint, in defense of the legal order or public interests protected by law. to watch over the independence of jurisdictional bodies, and the fair administration of justice. to represent society in legal proceedings. to conduct criminal investigations from their initiation. to that purpose, the national police is obliged to enforce the orders of the office of the prosecutor general within the scope of its authority. to institute criminal proceedings ex officio or by private action. to give an opinion prior to judicial orders in cases set forth in the law. to exercise legislative initiative in lawmaking, and inform congress or the president of the republic about legal loopholes and errors. article 160 the budget draft of the office of the prosecutor general is approved by the board of supreme prosecutors, and submitted to the executive branch. it is sustained before the executive branch and before congress. chapter xi. the office of the ombudsman article 161 the office of the ombudsman is autonomous. state bodies are obliged to cooperate with the office of the ombudsman whenever it requests their help. the structure of the office of the ombudsman at the national level is set up by law. the ombudsman is elected and removed from office by the congress with the votes of two-thirds of the legal number of members, and enjoys the same immunity and prerogatives as congressmen. to be elected ombudsman, a candidate must be at least thirty-five years of age and an attorney-at-law. the term of the office lasts five years and does not receive a binding mandate. he possesses the same incompatibilities as the justices of the supreme court. article 162 it is the duty of the office of the ombudsman to defend the constitutional and fundamental rights of the person and the community, and to ensure the enforcement of the state administration duties, as well as the provision of public services to citizens. the ombudsman submits a report to congress once a year and whenever the latter requests one. he may initiate legislation and recommend measures to facilitate the improved performance of his duties. the office of the ombudsman submits its budget draft to the executive branch, which must be sustained before the executive branch and before congress. chapter xii. security and national defense article 163 the state guarantees the security of the nation by means of the national defense system. the national defense is comprehensive and permanent. it is developed internally and externally. every person and corporate entity is obliged to participate in the national defense, in accordance with the law. article 164 the direction, preparation, and exercise of the national defense are performed through a system, whose organization and functions are determined by law. the president of the republic is the head of the national defense system. for the purposes of national defense, the law determines the extent and procedures for mobilization. article 165 the armed forces consist of the army, the navy, and the air force. their fundamental purpose is to guarantee the independence, sovereignty, and territorial integrity of the republic. they assume control of internal order in the case outlined in article 137 of the constitution. article 166 it is the primary duty of the national police to guarantee, maintain, and restore internal order. they protect and aid individuals and the community. they ensure the enforcement of laws and the security of both public and private property. they prevent, investigate, and fight crime. they guard and control the national borders. article 167 the president of the republic is the commander-in-chief of the armed forces and the national police. article 168 relevant acts and regulations establish the organization, functions, specialization, training, and use of the armed forces and the national police, as well as their internal disciplinary regimes. the armed forces organize their reserves and deploy them in accordance with the needs of the national defense, according to law. article 169 the armed forces and the national police are not deliberative bodies. they are subordinate to constitutional power. article 170 the law allocates funds for the logistical requirements of the armed forces and the national police. such funds must be earmarked for institutional purposes, under the control of the authority set forth in the law. article 171 the armed forces and the national police take part in the economic and social development of the country, and in its civil defense, according to law. article 172 the executive branch annually fixes the number of members of the armed forces and the national police. their resources are allotted in the budget act. promotions are granted in accordance with the law. the president of the republic grants the promotions of generals and admirals in the armed forces, as well as generals in the national police upon recommendation from the relevant institution. article 173 in the case of on-duty crimes, members of the armed forces and the national police are subject to their respective jurisdictions, and to the code of military justice. the code provisions do not apply to civilians, except in cases of treason and terrorism as determined by law. the cassation appeal referred to in article 141 only applies when the death penalty is imposed. those who violate the rules of mandatory military service will also be subject to the code of military justice. article 174 ranks and honors, salary, and retirement pensions for officers in the armed forces and the national police are equivalent. the law determines the respective equivalences for career members of the military or police who lack the rank or position of an officer. in such cases, the cited rights may not be forfeited except by court rulings. article 175 only the armed forces and the national police may possess and use weapons of war. the weapons existing in the country, as well as those manufactured in or introduced into the country, become state property without any legal process or indemnification. the manufacture of weapons of war by the private industry in those cases outlined by the law is exempted of this prohibition. the law regulates the manufacture, trade, possession, and use by private parties of weapons other than those used for war. chapter xiii. the electoral system article 176 the electoral system has the purpose of ensuring that elections express the free, authentic, and spontaneous will of citizens, and that the vote count mirrors the accurate and timely reflection of the will of voters expressed at the polls by direct suffrage. the basic functions of the system are: planning, organizing, and holding elections, referendum or other popular vote, maintaining and guarding the consolidated register for identification of voters, and recording modifications to civil status. article 177 the electoral system consists of the national election board, the national office of elections, and the national identification and civil status registry. they are autonomous and coordinate their work with each other, in accordance with their authorities. article 178 it is the duty of the national election board: to oversee the legality of suffrage and the conduct of elections, referendum, and other popular vote, as well as to prepare electoral rolls. to maintain and oversee the register of political organizations. to ensure the enforcement of rules on political organizations and other provisions concerning electoral matters. to administer justice on election matters. to declare the winners in elections and issue their credentials, as well as to announce the results of referendum or other popular vote. to perform other functions provided for in the law. in electoral matters, the national election board has the power to initiate legislation and to submit to the executive branch the budget draft for the electoral system with separate entries for each body of the system. it sustains the draft before the executive and then before congress. article 179 the highest authority of the national election board is vested in its plenary assembly, composed of five members: one elected by secret ballot by the supreme court from among its retired or active justices. in the latter case, the elected member is granted leave. the representative of the supreme court presides over the national election board. one elected by secret ballot by the board of supreme prosecutors from among its retired or active members. in the latter case, the elected member is granted leave. one elected by secret ballot by the lima bar association from among its membership. one elected by secret ballot by the deans of law schools of public universities from among their former deans. one elected by secret ballot by the deans of law schools of private universities from among their former deans. article 180 the members of the plenary assembly of the national election board shall not be under forty-five years of age or over seventy. they are elected for four-year terms and may be reelected. the law regulates the renewal of membership in alternating elections every two years. the office is a full-time, remunerated post. it is incompatible with any other public office, except for part-time teaching. candidates to elective office shall neither be members of the plenary assembly of the election board, citizens holding national leadership posts in political organizations, nor those who have held such posts during the four years preceding their candidacy. article 181 the plenary assembly of the national election board examines facts with discretionary judgment and resolves disputes based on the law and the general principles of law. on issues concerning elections, referendum, or other popular vote, its decisions are final, definitive, and non reversible. no appeal may be filed against them. article 182 the head of the national office of elections is appointed by the national board of justice for a renewable four-year term, and may be removed from office by the same board for gross misconduct. he is subject to the same incompatibilities as the members of the plenary assembly of the national election board. his main functions are to organize elections, referendum, and other popular vote, including the preparation of the budget for his office and the design of the voting ballot. it is also his duty to distribute election forms and other materials needed for elections and to announce the results. he provides continued information on the vote count from the time the tally begins at polling stations. he performs other duties, as set forth by law. article 183 the head of the national identification and civil status registry is appointed by the national board of justice for a renewable four-year term, and may be removed from office by the board for gross misconduct. he is subject to the same incompatibilities as the members of the plenary assembly of the national election board. the national identification and civil status registry is in charge of the registration of births, marriages, divorces, deaths, and other acts modifying civil status. it issues the respective certificates, and prepares and updates the electoral roll. likewise, it provides the national election board and the national office of elections with the information necessary to perform their duties. it maintains identification records of citizens and issues identification documents. it performs other duties, as set forth by law. article 184 the national election board declares the nullity of an election process, referendum or any other popular vote when the number of void or blank votes, jointly or separately, exceeds two-thirds of the number of votes cast. the law may fix different ratios for municipal elections. article 185 in any kind of election, referendum or other type of popular vote, a tally shall be performed publicly and uninterruptedly at polling stations. the results may solely be reviewed in case of material error or challenge, all of which is resolved according to law. article 186 the national office of elections issues the instructions and provisions needed to maintain order and safeguard personal freedom during elections. the armed forces and the national police must enforce these provisions. article 187 in case of multi-party elections there is proportional representation, in accordance with the system provided for in the law. the law shall contain special provisions to facilitate the voting of peruvians living abroad. chapter xiv. decentralization article 188 decentralization is a form of democratic organization and a mandatory, continued policy of the state, whose essential purpose is the comprehensive development of the country. the decentralization process is carried out in stages, in a progressive and orderly manner, following criteria that permit the proper distribution of jurisdictions and transfer of resources from the national government to local and regional governments. the branches of government and autonomous state bodies, as well as the budget of the republic, are decentralized in accordance with the law. article 189 the territory of the republic is divided into regions, departments, provinces, and districts, in whose boundaries a government is exercised and organized at national, regional, and local levels in the terms defined by the constitution and the law, preserving the integrity and unity of the state and the nation. the regional level of government consists of regions and departments. the local level of government consists of provinces, districts, and villages. article 190 regions are created on the basis of contiguous areas with historical, cultural, administrative, and economic relations, thus comprising sustainable geo-economic unities. the regionalization process shall begin by electing governments in the current departments and the constitutional province of callao. these are regional governments. two or more contiguous departments may become a region by conducting a referendum, in accordance with the law. likewise, two or more contiguous provinces and districts may change their regional constituency by following the same procedure. additional authorities and faculties, as well as special incentives, given to these newly formed regions shall be determined by law. while the integration process is underway, two or more regional governments may create coordination mechanisms between themselves. the relevant law will regulate these mechanisms. article 191 regional governments enjoy political, economic, and administrative autonomy on pertinent matters within their jurisdiction. they coordinate with municipalities without interfering with their functions and authorities. the basic organic structure of these governments consists of the regional council as the regulatory and oversight body, the regional governor as the executive organ, and the regional coordination council formed of provincial mayors and representatives of civil society as a consultative body to coordinate with municipalities, with their functions and authorities set forth in the law. the regional council shall have a minimum of seven (7) members and a maximum of twenty-five (25), with at least one (1) for each province, and the rest, in accordance with the law, determined by a criterion of electoral population. the regional governor is jointly elected with a regional vice governor, by direct suffrage for a period of four (4) years. the mandate of these authorities is revocable, according to law. there is no immediate re-election. after another period, as a minimum, former regional governors or regional vice governors can run for office again, subject to the same conditions. the members of the regional councils are elected in the same way and for the same time-period. the mandate of these authorities is inalienable, with the exception of cases provided for by the constitution. in order to run for the office of president of the republic, vice president, member of congress, or mayor; the regional governors and vice governors must resign their office six (6) months in advance of the respective election. the law determines the minimum percentages to facilitate representation of women, rural and indigenous communities, and aboriginal peoples in regional councils. the same applies for municipal councils. the regional governors are obliged to attend the congress of the republic when it requires it according to law and the regulations of the congress of the republic, and under responsibility. article 192 regional governments promote regional development and economy; encourage investments, activities, and public services within their jurisdiction, in harmony with national and local development plans and policies. it is their duty: to approve their internal organization and budget. to formulate and adopt a regional development plan, agreed to by the relevant municipalities and the civil society. to administrate their property and revenue. to regulate and issue permits, licenses, and authorizations on the services under their responsibility. to promote regional socioeconomic development and execute the corresponding plans and programs. to issue the rules concerning regional management. to promote and regulate activities and/or services regarding agriculture, fishing, industry, agro-industry, trade, tourism, energy, mining, roads, communications, education, health, and the environment, according to law. to encourage competitiveness, investments, and financing for the development of infrastructure projects and works at the regional level. to initiate legislation on pertinent matters and issues within their jurisdiction. to execute other functions inherent to their authority, according to law. article 193 the property and revenue of regional governments are the following: their own chattels and real property. specific fund transfers provided for in the annual budget act. taxes created by law in their favor. economic benefits originated in privatizations, concessions, and services they offer, according to law. resources allotted from the regional compensation fund with a redistributive character, according to law. resources resulting from natural resource royalties (canon). resources resulting from their financial operations, including those performed with a state guarantee, according to law. other resources provided for by law. article 194 provincial and district municipalities are bodies of local government. they enjoy political, economic, and administrative autonomy on the matters within their jurisdiction. municipalities of villages are created pursuant to law. the organic structure of local governments consists of the municipal council as the regulatory and oversight body and the office of the mayor as the executive organ, with their functions and powers as provided by law. mayors and council members are elected by direct suffrage for a period of four (4) years. there is no immediate reelection for mayors. after another period, as a minimum, they can run for office again, subject to the same conditions. their mandate is revocable, according to law. the mandate of mayors and councilors is inalienable, with the exception of cases provided for by the constitution. in order to run for the office of president of the republic, vice president, member of congress, governor or vice governor of the regional government; mayors must resign their office six (6) months in advance of the respective election. article 195 local governments stimulate development, the local economy, and the delivery of public services within their responsibility, in harmony with national and regional development plans and policies. it is their duty: to approve their internal organization and budget. to adopt a local development plan, agreed to by the civil society. to administrate their own property and revenue. to create, amend, and abolish municipal taxes, rates, duties, licenses, and levies, in accordance with the law. to organize, regulate, and manage local public services within their responsibility. to plan rural and urban development of their circumscriptions, including zoning as well as city and site planning. to encourage competitiveness, investments, and financing for the development of projects and works of local infrastructure. to develop and regulate activities and/or services regarding education, health, housing, sanitation, environment, sustainability of natural resources, public transportation, circulation and traffic, tourism, preservation of archeological and historical monuments, culture, recreation, and sports, according to law. to initiate legislation on pertinent matters and issues within their jurisdiction. to execute other functions inherent to their authority, according to law. article 196 the property and revenue of municipalities are the following: their own chattels and real property. taxes created by law in their favor. municipal taxes, rates, duties, licenses, and levies created by municipal ordinances, according to law. economic benefits originated in privatizations, concessions, and services they offer, according to law. resources allotted from the municipal compensation fund with a redistributive nature, according to law. specific fund transfers provided for in the annual budget act. resources resulting from natural resource royalties (canon). resources resulting from their financial operations, including those performed with a state guarantee, according to law. other resources determined by law. article 197 municipalities promote, support, and regulate citizen participation in local development. additionally, they offer citizen security services in cooperation with the national police of peru, according to law. article 198 the capital of the republic does not belong to any region. it enjoys special treatment in decentralization laws and in the municipalities act. the metropolitan municipality of lima exerts jurisdiction within the territory of the province of lima. likewise, municipalities located on border zones receive special treatment in the municipalities act. article 199 local and regional governments are controlled by their own oversight bodies and by those other bodies set forth in the constitution or any other statute. they are subject to control and supervision by the office of the comptroller general of the republic, which executes a decentralized and continued oversight system. such governments formulate their budgets with citizen participation, and are accountable for their annual execution, in accordance with the law. title v. constitutional protections article 200 the following are the constitutional guarantees: the writ of habeas corpus, which operates in case of an act or omission by any authority, official, or person that violates or threatens individual freedom or related constitutional rights. the writ of amparo, which operates in case of an act or omission by any authority, official, or person that violates or threatens the other rights recognized by the constitution, with the exception of those mentioned in the following subparagraph. it does not take effect against legal rules or court orders from regular judicial proceedings. the writ of habeas data, which operates in case of an act or omission by any authority, official, or person that violates or threatens the rights referred to in article 2, subparagraphs 5, and 6 of this constitution. the writ of unconstitutionality, which operates against rules with the status of a law: laws, legislative decrees, emergency decrees, treaties, standing rules of congress, regional general regulations, and municipal ordinances that infringe upon the constitution either in form or in substance. popular action, acciã³n popular, which operates in case of infringement of the constitution and the law, against regulations, administrative rules, and general resolutions and decrees, irrespective of the authority that issues these rules. the writ of mandamus, which operates against any authority or official who refuses to abide by a legal rule or administrative act, without prejudice to any legal liabilities. organic acts regulate the exercise of these protections and the effect of the declaration of unconstitutionality or illegality of a rule or statute. the exercise of the writs of habeas corpus and amparo is not suspended during enforcement of the states of exception referred to in article 137 of the constitution. when petitions concerning these constitutional rights are filed with regard to restricted or suspended rights, the corresponding jurisdictional body examines the reasonability and proportionality of the restrictive act. the judge is not entitled to challenge the declaration of the state of emergency or siege. article 201 the constitutional court is the controlling body of the constitution. it is autonomous and independent. it consists of seven members who are elected for five-year terms. in order to become a member of the constitutional court, one must fulfill the same requirements as the justices of the supreme court. members of the constitutional court enjoy the same immunity and prerogatives as congressmen. the same incompatibilities apply to them, and they may not be immediately reelected. members of the constitutional court are elected by congress with the positive vote of two-thirds of the legal number of its members. judges and prosecutors who have not resigned their offices a year in advance are not eligible to be constitutional court magistrates. article 202 it is the duty of the constitutional court: to hear, in original jurisdiction, the writ of unconstitutionality. to hear, as a court of last resort, orders refusing petitions of habeas corpus, amparo, habeas data, and mandamus. to hear disputes over jurisdiction or over powers assigned by the constitution, in accordance with the law. article 203 the following are entitled to bring a writ of unconstitutionality: the president of the republic. the prosecutor general. the head of the judicial branch, with the agreement of the plenary session of the supreme court of justice. the ombudsman. twenty-five percent of the legal number of congressmen. five thousand citizens, whose signatures shall be verified by the national election board. if the statute under question is a municipal ordinance, it may be challenged by one percent of citizens from the respective territorial division, provided that this percentage does not exceed the number of signatures cited above. regional governors, with the agreement of the regional council, or provincial mayors with the agreement of their councils, in matters within their jurisdiction. professional associations on matters within their fields. article 204 the ruling of the constitutional court declaring the unconstitutionality of a piece of legislation is published in the official gazette. the law becomes ineffective on the day following such publication. the ruling of the court declaring a statute to be, wholly or in part, unconstitutional does not have retroactive effects. article 205 once all legal resorts provided for by national legislation have been used and denied, the party deeming itself injured in terms of the rights granted by the constitution may appeal to international courts or bodies established by treaties or agreements to which peru is bound. title vi. constitutional reform article 206 any initiative of constitutional reform must be adopted by congress through an absolute majority of the legal number of its members, and must be ratified by a referendum. the referendum may be exempted when the consent of congress is obtained in two successive regular sessions, with a favorable vote of greater than two-thirds of the legal number of congressmen in each case. a law concerning a constitutional reform shall not be objected to by the president of the republic. the right to initiate a constitutional reform corresponds to the president with the approval of the cabinet, to congressmen, and to a number of citizens equivalent to three-tenths of a percent (0.3%) of the voting population, with their signatures being verified by the corresponding electoral authority. final and transitory provisions first the pension scheme set forth by decree-law no. 20530 is officially declared closed. therefore, as soon as this constitutional reform goes into effect: new admissions or readmissions to the decree-law no. 20530 pension scheme are prohibited. those workers who, while eligible to join that pension scheme, have not qualified to receive their corresponding pension will have to choose between the national pension system and the private system of pension fund management firms. due to reasons of social interest, the new pension rules set forth in the relevant law will apply immediately to workers and pensioners of pension schemes run by the state, as appropriate. the adjustment between pension and salary levels is prohibited, as well as the reduction of the amount of pensions smaller than one taxation unit. the relevant law will provide for a progressive application of limits to pensions exceeding one taxation unit. the budget savings stemming from the application of new pension rules will be used to increase the lowest pensions, in accordance with the law. the modifications introduced to current pension schemes, as well as the new pension schemes to be established in the future, shall have to abide by the financial sustainability and non adjustment criteria. the national government, through its relevant agency, shall institute legal proceedings aimed to obtain the judicial declaration of nullity for those illegally obtained pensions, except those protected by res judicata sentences that have expressly determined the merits of a case or those whose actions have expired. second the state guarantees the timely pay and periodic adjustment of pensions under its administration, in accordance with the budget provisions made for such purposes and the possibilities of the national economy. third as long as there continue to exist different systems of work between private and public sectors, in no event and for no reason shall the benefits acquired under the two systems be cumulative. any actions or orders contradicting this provision are null and void. fourth rules concerning the rights and freedoms recognized by this constitution are construed in accordance with the universal declaration of human rights and the international treaties and agreements regarding those rights that have been ratified by peru. fifth municipal elections are alternated with general elections so that the former are held halfway through the presidential term, in accordance with the law. to that effect, the term of mayors and council members elected during the next two municipal elections will last three and four years respectively. sixth the term of mayors and council members elected in the 1993 election and its supplementary elections ends on december 31st, 1995. seventh the first general election process after the constitution takes effect shall be held using the single constituency system while the decentralization process continues. eighth the provisions of this constitution so requiring are the subjects of constitutional development laws. the following provisions have priority: decentralization rules and, among them, those facilitating the election of new authorities in 1995 at the latest. those rules concerning the mechanisms and process of gradually eliminating legal monopolies granted in concessions and licenses for public services. ninth the renewal of membership of the national election board, established according to this constitution, begins with those elected by the lima bar association and law schools of public universities. tenth the law provides for the manner in which offices, officials, and employees of the civil registry of local governments and those of the election registry, shall merge into the national identification and civil status registry. eleventh the provisions of this constitution requiring new or increased public expenses are applied gradually. twelfth the departmental political organization of the republic includes the following departments: amazonas, ancash, apurã­mac, arequipa, ayacucho, cajamarca, cusco, huancavelica, huã¡nuco, ica, junã­n, la libertad, lambayeque, lima, loreto, madre de dios, moquegua, pasco, piura, puno, san martã­n, tacna, tumbes, ucayali, and the constitutional province of callao. thirteenth while the regions remain unformed and until their presidents are elected according to this constitution, the executive branch determines the jurisdiction of the transitory councils of regional administration, now in operation, pursuant to the area of each of the departments established in the country. fourteenth this constitution, once adopted by the democratic constitutional congress, takes effect in accordance with the result of the referendum regulated by constitutional law. fifteenth the provisions of this constitution related to the number of congressmen, terms of legislative mandate, and the permanent assembly do not apply to the democratic constitutional congress. sixteenth once promulgated, this constitution replaces the 1979 constitution. special transitory provisions first the president and the vice presidents of the republic elected in the 2000 general elections will terminate their mandates on july 28th, 2001. congressmen elected in the same electoral process will terminate their representation on july 26th, 2001. as an exception, the terms of office set forth in articles 90 and 112 of this constitution do not apply to them. second with respect to the election process to be held in 2001, the term provided in the first paragraph of article 91 of this constitution will be four months. third the national election board allocates four seats for the provinces of lima, without affecting the existing national apportionment and the other six in accordance with the law. declaration: the democratic constitutional congress hereby declares that peru, a country located in the southern hemisphere, connected to antarctica by its projecting coastlines, as well as by ecological factors and historical background; and according to the rights and obligations it enjoys as a consultative party to the antarctic treaty, encourages the preservation of antarctica as a zone of peace devoted to scientific research, and the enforcement of an international regime that, without impairing the legitimate rights of our nation, promotes, in the benefit of all mankind, a rational and equitable development of antarctica resources, and ensures the protection and preservation of the ecosystem of such continent. preamble proceeding from the basic constitutional charter on the sovereignty and independence of the republic of slovenia, and from fundamental human rights and freedoms, and the fundamental and permanent right of the slovene nation to self-determination; and from the historical fact that in a centuries-long struggle for national liberation we slovenes have established our national identity and asserted our statehood, the assembly of the republic of slovenia hereby adopts i. general provisions article 1 slovenia is a democratic republic. article 2 slovenia is a state governed by the rule of law and a social state. article 3 slovenia is a state of all its citizens and is founded on the permanent and inalienable right of the slovene nation to self-determination. in slovenia power is vested in the people. citizens exercise this power directly and through elections, consistent with the principle of the separation of legislative, executive and judicial powers. article 3a pursuant to a treaty ratified by the national assembly by a two-thirds majority vote of all deputies, slovenia may transfer the exercise of part of its sovereign rights to international organisations which are based on respect for human rights and fundamental freedoms, democracy and the principles of the rule of law and may enter into a defensive alliance with states which are based on respect for these values. before ratifying a treaty referred to in the preceding paragraph, the national assembly may call a referendum. a proposal shall pass at the referendum if a majority of voters who have cast valid votes vote in favour of such. the national assembly is bound by the result of such referendum. if such referendum has been held, a referendum regarding the law on the ratification of the treaty concerned may not be called. legal acts and decisions adopted within international organisations to which slovenia has transferred the exercise of part of its sovereign rights shall be applied in slovenia in accordance with the legal regulation of these organisations. in procedures for the adoption of legal acts and decisions in international organisations to which slovenia has transferred the exercise of part of its sovereign rights, the government shall promptly inform the national assembly of proposals for such acts and decisions as well as of its own activities. the national assembly may adopt positions thereon, which the government shall take into consideration in its activities. the relationship between the national assembly and the government arising from this paragraph shall be regulated in detail by a law adopted by a two-thirds majority vote of deputies present. article 4 slovenia is a territorially unified and indivisible state. article 5 in its own territory, the state shall protect human rights and fundamental freedoms. it shall protect and guarantee the rights of the autochthonous italian and hungarian national communities. it shall maintain concern for autochthonous slovene national minorities in neighbouring countries and for slovene emigrants and workers abroad and shall foster their contacts with the homeland. it shall provide for the preservation of the natural wealth and cultural heritage and create opportunities for the harmonious development of society and culture in slovenia. slovenes not holding slovene citizenship may enjoy special rights and privileges in slovenia. the nature and extent of such rights and privileges shall be regulated by law. article 6 the coat-of-arms of slovenia has the form of a shield. in the middle of the shield, on a blue background, is a representation of mount triglav in white, under which there are two undulating blue lines symbolising the sea and rivers and above which there are three golden, six-pointed stars forming a downward-pointing triangle. the shield is bordered in red. the coat-of-arms is designed in accordance with a set standard of geometry and colour. the flag of slovenia is the white-blue-red slovene national flag with the coat-of-arms of slovenia. the ratio of the width of the flag to the length thereof is one to two. the colours of the flag are in the following order: white, blue and red. each colour occupies a horizontal band covering one third of the area of the flag. the coat-of-arms is positioned in the upper left portion of the flag such that it lies with one half in the white field and the other in the blue field. the national anthem of slovenia is "zdravljica". the use of the coat-of-arms, the flag and the national anthem shall be provided by law. article 7 the state and religious communities shall be separate. religious communities shall enjoy equal rights; they shall pursue their activities freely. article 8 laws and regulations must comply with generally accepted principles of international law and with treaties that are binding on slovenia. ratified and published treaties shall be applied directly. article 9 local self-government in slovenia is guaranteed. article 10 the capital of slovenia is ljubljana. article 11 the official language in slovenia is slovene. in those municipalities where italian or hungarian national communities reside, italian or hungarian shall also be official languages. article 12 slovene citizenship shall be regulated by law. article 13 in accordance with treaties, aliens in slovenia enjoy all the rights guaranteed by this constitution and laws, except for those rights that pursuant to this constitution or law only citizens of slovenia enjoy. ii. human rights and fundamental freedoms article 14. equality before the law in slovenia everyone shall be guaranteed equal human rights and fundamental freedoms irrespective of national origin, race, sex, language, religion, political or other conviction, material standing, birth, education, social status, disability or any other personal circumstance. all are equal before the law. article 15. exercise and limitation of rights human rights and fundamental freedoms shall be exercised directly on the basis of the constitution. the manner in which human rights and fundamental freedoms are exercised may be regulated by law whenever the constitution so provides or where this is necessary due to the particular nature of an individual right or freedom. human rights and fundamental freedoms shall be limited only by the rights of others and in such cases as are provided by this constitution. judicial protection of human rights and fundamental freedoms, and the right to obtain redress for the violation of such rights and freedoms, shall be guaranteed. no human right or fundamental freedom regulated by legal acts in force in slovenia may be restricted on the grounds that this constitution does not recognise that right or freedom or recognises it to a lesser extent. article 16. temporary suspension and restriction of rights human rights and fundamental freedoms provided by this constitution may exceptionally be temporarily suspended or restricted during a war and state of emergency. human rights and fundamental freedoms may be suspended or restricted only for the duration of the war or state of emergency, but only to the extent required by such circumstances and inasmuch as the measures adopted do not create inequality based solely on race, national origin, sex, language, religion, political or other conviction, material standing, birth, education, social status or any other personal circumstance. the provision of the preceding paragraph does not allow any temporary suspension or restriction of the rights provided by articles 17, 18, 21, 27, 28, 29 and 41. article 17. inviolability of human life human life is inviolable. there is no capital punishment in slovenia. article 18. prohibition of torture no one may be subjected to torture, inhuman or degrading punishment or treatment. the conducting of medical or other scientific experiments on any person without his free consent is prohibited. article 19. protection of personal liberty everyone has the right to personal liberty. no one may be deprived of his liberty except in such cases and pursuant to such procedures as are provided by law. anyone deprived of his liberty must be immediately informed in his mother tongue, or in a language which he understands, of the reasons for being deprived of his liberty. within the shortest possible time thereafter, he must also be informed in writing of why he has been deprived of his liberty. he must be instructed immediately that he is not obliged to make any statement, that he has the right to immediate legal representation of his own free choice and that the competent authority must, on his request, notify his relatives or those close to him of the deprivation of his liberty. article 20. orders for and duration of detention a person reasonably suspected of having committed a criminal offence may be detained only on the basis of a court order when this is absolutely necessary for the course of criminal proceedings or for reasons of public safety. upon detention, but not later than twenty-four hours thereafter, the person detained must be handed the written court order with a statement of reasons. the person detained has the right to appeal against the court order, and such appeal must be decided by a court within forty-eight hours. detention may last only as long as there are legal reasons for such, but no longer than three months from the day of the deprivation of liberty. the supreme court may extend the detention a further three months. if no charges are brought by the end of these terms, the suspected person shall be released. article 21. protection of human personality and dignity respect for human personality and dignity shall be guaranteed in criminal and in all other legal proceedings, as well as during the deprivation of liberty and enforcement of punitive sanctions. violence of any form on any person whose liberty has been restricted in any way is prohibited, as is the use of any form of coercion in obtaining confessions and statements. article 22. equal protection of rights everyone shall be guaranteed equal protection of rights in any proceeding before a court and before other state authorities, local community authorities and bearers of public authority that decide on his rights, duties or legal interests. article 23. right to judicial protection everyone has the right to have any decision regarding his rights, duties and any charges brought against him made without undue delay by an independent, impartial court constituted by law. only a judge duly appointed pursuant to rules previously established by law and by judicial regulations may judge such an individual. article 24. public nature of court proceedings court hearings shall be public. judgements shall be pronounced publicly. exceptions shall be provided by law. article 25. right to legal remedies everyone shall be guaranteed the right to appeal or to any other legal remedy against the decisions of courts and other state authorities, local community authorities and bearers of public authority by which his rights, duties or legal interests are determined. article 26. right to compensation everyone has the right to compensation for damage caused through unlawful actions in connection with the performance of any function or other activity by a person or body performing such function or activity under state authority, local community authority or as a bearer of public authority. any person suffering damage has the right to demand, in accordance with the law, compensation also directly from the person or body that has caused damage. article 27. presumption of innocence any person charged with a criminal offence shall be presumed innocent until found guilty in a final judgement. article 28. principle of legality in criminal law no one may be punished for an act which had not been declared a criminal offence under law, or for which a penalty had not been prescribed, at the time the act was performed. acts that are criminal shall be established and the resulting penalties pronounced according to the law that was in force at the time the act was performed, save where a more recent law adopted is more lenient towards the offender. article 29. legal guarantees in criminal proceedings anyone charged with a criminal offence must, in addition to absolute equality, be guaranteed the following rights: the right to have adequate time and facilities to prepare his defence; the right to be present at his trial and to conduct his own defence or to be defended by a legal representative; the right to present all evidence to his benefit; the right not to incriminate himself or his relatives or those close to him, or to admit guilt. article 30. right to rehabilitation and compensation any person unjustly convicted of a criminal offence or deprived of his liberty without due cause has the right to rehabilitation and compensation, and other rights provided by law. article 31. prohibition of double jeopardy no one may be sentenced or punished twice for the same criminal offence for which criminal proceedings were dismissed finally, or for which the charge was finally rejected, or for which the person was acquitted or convicted by final judgement. article 32. freedom of movement everyone has the right to freedom of movement, to choose his place of residence, to leave the country and to return at any time. this right may be limited by law, but only where this is necessary to ensure the course of criminal proceedings, to prevent the spread of infectious diseases, to protect public order or if the defence of the state so demands. entry into the country by aliens, and the duration of their stay in the country, may be limited on the basis of law. article 33. right to private property and inheritance the right to private property and inheritance shall be guaranteed. article 34. right to personal dignity and safety everyone has the right to personal dignity and safety. article 35. protection of right to privacy and personality rights the inviolability of the physical and mental integrity of every person, his privacy and personality rights shall be guaranteed. article 36. inviolability of dwellings dwellings are inviolable. no one may, without a court order, enter the dwelling or other premises of another person, nor may he search the same, against the will of the resident. any person whose dwelling or other premises are searched has the right to be present or to have a representative present. such a search may only be conducted in the presence of two witnesses. subject to conditions provided by law, an official may enter the dwelling or other premises of another person without a court order, and may in exceptional circumstances conduct a search in the absence of witnesses, where this is absolutely necessary for the direct apprehension of a person who has committed a criminal offence or to protect people or property. article 37. protection of the privacy of correspondence and other means of communication the privacy of correspondence and other means of communication shall be guaranteed. only a law may prescribe that on the basis of a court order the protection of the privacy of correspondence and other means of communication and the inviolability of personal privacy be suspended for a set time where such is necessary for the institution or course of criminal proceedings or for reasons of national security. article 38. protection of personal data the protection of personal data shall be guaranteed. the use of personal data contrary to the purpose for which it was collected is prohibited. the collection, processing, designated use, supervision and protection of the confidentiality of personal data shall be provided by law. everyone has the right of access to the collected personal data that relates to him and the right to judicial protection in the event of any abuse of such data. article 39. freedom of expression freedom of expression of thought, freedom of speech and public appearance, of the press and other forms of public communication and expression shall be guaranteed. everyone may freely collect, receive and disseminate information and opinions. except in such cases as are provided by law, everyone has the right to obtain information of a public nature in which he has a well founded legal interest under law. article 40. right to correction and reply the right to correct published information which has damaged a right or interest of an individual, organisation or body shall be guaranteed, as shall be the right to reply to such published information. article 41. freedom of conscience religious and other beliefs may be freely professed in private and public life. no one shall be obliged to declare his religious or other beliefs. parents have the right to provide their children with a religious and moral upbringing in accordance with their beliefs. the religious and moral guidance given to children must be appropriate to their age and maturity, and be consistent with their free conscience and religious and other beliefs or convictions. article 42. right of assembly and association the right of peaceful assembly and public meeting shall be guaranteed. everyone has the right to freedom of association with others. legal restrictions of these rights shall be permissible where so required for national security or public safety and for protection against the spread of infectious diseases. professional members of the defence forces and the police may not be members of political parties. article 43. right to vote the right to vote shall be universal and equal. every citizen who has attained the age of eighteen years has the right to vote and be elected. the law may provide in which cases and under what conditions aliens have the right to vote. the law shall provide measures for encouraging the equal opportunity of men and women in standing for election to state authorities and local community authorities. article 44. participation in the management of public affairs every citizen has the right, in accordance with the law, to participate either directly or through elected representatives in the management of public affairs. article 45. right to petition every citizen has the right to file petitions and to pursue other initiatives of general significance. article 46. right to conscientious objection conscientious objection shall be permissible in cases provided by law where this does not limit the rights and freedoms of others. article 47. extradition no citizen of slovenia may be extradited or surrendered unless such obligation to extradite or surrender arises from a treaty by which, in accordance with the provisions of the first paragraph of article 3a, slovenia has transferred the exercise of part of its sovereign rights to an international organisation. article 48. asylum within the limits of the law, the right of asylum shall be recognised for foreign nationals and stateless persons who are subject to persecution for their commitment to human rights and fundamental freedoms. article 49. freedom of work freedom of work shall be guaranteed. everyone shall choose his employment freely. everyone shall have access under equal conditions to any position of employment. forced labour shall be prohibited. article 50. right to social security citizens have the right to social security, including the right to a pension, under conditions provided by law. the state shall regulate compulsory health, pension, disability and other social insurance, and shall ensure its proper functioning. special protection in accordance with the law shall be guaranteed to war veterans and victims of war. article 51. right to health care everyone has the right to health care under conditions provided by law. the rights to health care from public funds shall be provided by law. no one may be compelled to undergo medical treatment except in cases provided by law. article 52. rights of disabled persons disabled persons shall be guaranteed protection and work-training in accordance with the law. physically or mentally handicapped children and other severely disabled persons have the right to education and training for an active life in society. the education and training referred to in the preceding paragraph shall be financed from public funds. article 53. marriage and the family marriage is based on the equality of spouses. marriages shall be solemnised before an empowered state authority. marriage and the legal relations within it and the family, as well as those within an extramarital union, shall be regulated by law. the state shall protect the family, motherhood, fatherhood, children and young people and shall create the necessary conditions for such protection. article 54. rights and duties of parents parents have the right and duty to maintain, educate and raise their children. this right and duty may be revoked or restricted only for such reasons as are provided by law in order to protect the child's interests. children born out of wedlock have the same rights as children born within it. article 55. freedom of choice in childbearing everyone shall be free to decide whether to bear children. the state shall guarantee the opportunities for exercising this freedom and shall create such conditions as will enable parents to decide to bear children. article 56. rights of children children shall enjoy special protection and care. children shall enjoy human rights and fundamental freedoms consistent with their age and maturity. children shall be guaranteed special protection from economic, social, physical, mental or other exploitation and abuse. such protection shall be regulated by law. children and minors who are not cared for by their parents, who have no parents or who are without proper family care shall enjoy the special protection of the state. their position shall be regulated by law. article 57. education and schooling freedom of education shall be guaranteed. primary education is compulsory and shall be financed from public funds. the state shall create the opportunities for citizens to obtain a proper education. article 58. autonomy of universities and other institutions of higher education state universities and state institutions of higher education shall be autonomous. the manner of their financing shall be regulated by law. article 59. freedom of science and the arts the freedom of scientific and artistic endeavour shall be guaranteed. article 60. intellectual property rights the protection of copyright and other rights deriving from artistic, scientific, research and invention activities shall be guaranteed. article 61. expression of national affiliation everyone has the right to freely express affiliation with his nation or national community, to foster and give expression to his culture and to use his language and script. article 62. right to use one's language and script everyone has the right to use his language and script in a manner provided by law in the exercise of his rights and duties and in procedures before state and other bodies performing a public function. article 63. prohibition of incitement to discrimination and intolerance and prohibition of incitement to violence and war any incitement to national, racial, religious or other discrimination, and the inflaming of national, racial, religious or other hatred and intolerance are unconstitutional. any incitement to violence and war is unconstitutional. article 64. special rights of the autochthonous italian and hungarian national communities in slovenia the autochthonous italian and hungarian national communities and their members shall be guaranteed the right to use their national symbols freely and, in order to preserve their national identity, the right to establish organisations and develop economic, cultural, scientific and research activities, as well as activities in the field of public media and publishing. in accordance with laws, these two national communities and their members have the right to education and schooling in their own languages, as well as the right to establish and develop such education and schooling. the geographic areas in which bilingual schools are compulsory shall be established by law. these national communities and their members shall be guaranteed the right to foster relations with their nations of origin and their respective countries. the state shall provide material and moral support for the exercise of these rights. in order to exercise their rights, the members of these communities shall establish their own self-governing communities in the geographic areas where they live. on the proposal of these self-governing national communities, the state may authorise them to perform certain functions under national jurisdiction, and shall provide funds for the performing of such functions. the two national communities shall be directly represented in representative bodies of local self-government and in the national assembly. the position of the italian and hungarian national communities and the manner in which their rights are exercised in the geographic areas where they live, the obligations of the self-governing local communities for the exercise of these rights, and those rights which the members of these national communities exercise also outside these areas, shall all be regulated by law. the rights of both national communities and their members shall be guaranteed irrespective of the number of members of these communities. laws, regulations and other general acts that concern the exercise of the constitutionally provided rights and the position of the national communities exclusively, may not be adopted without the consent of representatives of these national communities. article 65. status and special rights of the romany community in slovenia the status and special rights of the romany community living in slovenia shall be regulated by law. iii. economic and social relations article 66. security of employment the state shall create opportunities for employment and work, and shall ensure the protection of both by law. article 67. property the manner in which property is acquired and enjoyed shall be established by law so as to ensure its economic, social and environmental function. the manner and conditions of inheritance shall be established by law. article 68. property rights of aliens aliens may acquire ownership rights to real estate under conditions provided by law or a treaty ratified by the national assembly. article 69. expropriation ownership rights to real estate may be revoked or limited in the public interest with the provision of compensation in kind or monetary compensation under conditions established by law. article 70. national assets and natural resources special rights to use national assets may be acquired, subject to conditions established by law. the conditions under which natural resources may be exploited shall be established by law. the law may provide that natural resources may also be exploited by foreign persons and shall establish the conditions for such exploitation. article 70a. right to drinking water everyone has the right to drinking water. water resources shall be a public good managed by the state. as a priority and in a sustainable manner, water resources shall be used to supply the population with drinking water and water for household use and in this respect shall not be a market commodity. the supply of the population with drinking water and water for household use shall be ensured by the state directly through self-governing local communities and on a not-for-profit basis. article 71. protection of land the law shall establish special conditions for land utilisation in order to ensure its proper use. special protection of agricultural land shall be provided by law. the state shall promote the economic, cultural and social advancement of the population living in mountain and hill areas. article 72. healthy living environment everyone has the right in accordance with the law to a healthy living environment. the state shall promote a healthy living environment. to this end, the conditions and manner in which economic and other activities are pursued shall be established by law. the law shall establish under which conditions and to what extent a person who has damaged the living environment is obliged to provide compensation. the protection of animals from cruelty shall be regulated by law. article 73. protection of natural and cultural heritage everyone is obliged in accordance with the law to protect natural sites of special interest, rarities and cultural monuments. the state and local communities shall promote the preservation of the natural and cultural heritage. article 74. free enterprise free economic initiative shall be guaranteed. the conditions for establishing commercial organisations shall be established by law. commercial activities may not be pursued in a manner contrary to the public interest. unfair competition practices and practices which restrict competition in a manner contrary to the law are prohibited. article 75. participation in management employees shall participate in the management of commercial organisations and institutions in a manner and under conditions provided by law. article 76. freedom of trade unions the freedom to establish, operate and join trade unions shall be guaranteed. article 77. right to strike employees have the right to strike. where required by the public interest, the right to strike may be restricted by law, with due consideration given to the type and nature of activity involved. article 78. proper housing the state shall create opportunities for citizens to obtain proper housing. article 79. aliens employed in slovenia aliens employed in slovenia and members of their families have special rights provided by law. iv. organisation of the state a. the national assembly article 80. composition and election the national assembly is composed of deputies of the citizens of slovenia and comprises ninety deputies. deputies are elected by universal, equal, direct and secret voting. one deputy of the italian and one deputy of the hungarian national communities shall always be elected to the national assembly. the electoral system shall be regulated by a law passed by the national assembly by a two-thirds majority vote of all deputies. deputies, except for the deputies of the national communities, are elected according to the principle of proportional representation with a four-percent threshold required for election to the national assembly, with due consideration that voters have a decisive influence on the allocation of seats to the candidates. article 81. term of the national assembly the national assembly is elected for four years. if the term of the national assembly expires during a war or state of emergency, its term shall expire six months after the end of the war or state of emergency, or earlier if the national assembly itself so decides. elections to the national assembly are called by the president of the republic. a new national assembly shall be elected no sooner than two months and no later than fifteen days before the expiry of four years from the date of the first session of the previous national assembly. if the national assembly is dissolved, a new national assembly shall be elected no later than two months after the dissolution of the previous one. the term of the previous national assembly shall end on the first session of the new national assembly, which shall be called by the president of the republic no later than twenty days after the election of the new national assembly. article 82. deputies deputies of the national assembly are representatives of all the people and shall not be bound by any instructions. the law shall establish who may not be elected a deputy, and the incompatibility of the office of deputy with other offices and activities. the national assembly confirms the election of deputies. an appeal may be made before the constitutional court, in accordance with the law, against a decision of the national assembly. article 83. immunity of deputies no deputy of the national assembly shall be criminally liable for any opinion expressed or vote cast at sessions of the national assembly or its working bodies. no deputy may be detained nor, where such deputy claims immunity, may criminal proceedings be initiated against him without the permission of the national assembly, except where such deputy has been apprehended committing a criminal offence for which a prison sentence of over five years is prescribed. the national assembly may also grant immunity to a deputy who has not claimed such immunity or who has been apprehended committing such criminal offence as referred to in the preceding paragraph. article 84. president of the national assembly the national assembly has a president who is elected by a majority vote of all deputies. article 85. sessions of the national assembly the national assembly meets in regular and extraordinary sessions. regular and extraordinary sessions are called by the president of the national assembly; an extraordinary session must be called if so required by at least a quarter of the deputies of the national assembly or by the president of the republic. article 86. decision-making the national assembly may pass decisions if a majority of deputies are present at the session. the national assembly adopts laws and other decisions and ratifies treaties by a majority of votes cast by those deputies present, save where a different type of majority is provided by the constitution or by law. article 87. legislative power of the national assembly the rights and duties of citizens and other persons may be determined by the national assembly only by law. article 88. legislative initiative laws may be proposed by the government or by any deputy. laws may also be proposed by at least five thousand voters. article 89. legislative procedure the national assembly shall pass laws in a multiphase procedure unless otherwise provided by its rules of procedure. article 90. legislative referendum the national assembly shall call a referendum on the entry into force of a law that it has adopted if so required by at least forty thousand voters. a referendum may not be called: on laws on urgent measures to ensure the defence of the state, security, or the elimination of the consequences of natural disasters; on laws on taxes, customs duties, and other compulsory charges, and on the law adopted for the implementation of the state budget; on laws on the ratification of treaties; on laws eliminating an unconstitutionality in the field of human rights and fundamental freedoms or any other unconstitutionality. the right to vote in a referendum is held by all citizens who are eligible to vote in elections. a law is rejected in a referendum if a majority of voters who have cast valid votes vote against the law, provided at least one fifth of all qualified voters have voted against the law. referendums are regulated by a law passed in the national assembly by a two-thirds majority vote of deputies present. article 91. promulgation of laws laws are promulgated by the president of the republic no later than eight days after they have been passed. the national council may within seven days of the passing of a law and prior to its promulgation require the national assembly to decide again on such law. in deciding again, a majority of all deputies must vote for such law to be passed unless the constitution envisages a higher majority for the passing of the law under consideration. such new decision by the national assembly is final. article 92. war and state of emergency a state of emergency shall be declared whenever a great and general danger threatens the existence of the state. the declaration of war or state of emergency, urgent measures and their repeal shall be decided upon by the national assembly on the proposal of the government. the national assembly decides on the use of the defence forces. in the event that the national assembly is unable to convene, the president of the republic shall decide on matters from the first and second paragraphs of this article. such decisions must be submitted for confirmation to the national assembly immediately upon it next convening. article 93. parliamentary inquiry the national assembly may order inquiries on matters of public importance, and it must do so when required by a third of the deputies of the national assembly or when required by the national council. for this purpose it shall appoint a commission which in matters of investigation and examination has powers comparable to those of judicial authorities. article 94. rules of procedure of the national assembly the national assembly has rules of procedure which it shall adopt by a two-thirds majority vote of deputies present. article 95. remuneration of deputies deputies of the national assembly receive such salary or remuneration as are established by law. b. the national council article 96. composition the national council is the representative body for social, economic, professional and local interests. the national council has forty members. it is composed of: four representatives of employers; four representatives of employees; four representatives of farmers, crafts and trades, and independent professions; six representatives of non-commercial fields; twenty-two representatives of local interests. the organisation of the national council is regulated by law. article 97. powers of the national council the national council may: propose to the national assembly the passing of laws; convey to the national assembly its opinion on all matters within the competence of the national assembly; require the national assembly to decide again on a given law prior to its promulgation; require inquiries on matters of public importance as referred to in article 93. where required by the national assembly, the national council must express its opinion on an individual matter. article 98. election election to the national council shall be regulated by a law passed by the national assembly by a two-thirds majority vote of all deputies. members of the national council are elected for a term of five years. article 99. decision-making the national council may pass decisions if a majority of members are present at the session. the national council decides by a majority of votes cast by those members present. article 100. immunity and incompatibility of office a member of the national council may not at the same time be a deputy of the national assembly. members of the national council enjoy the same immunity as deputies. immunity is decided upon by the national council. article 101. rules of procedure of the national council the national council has rules of procedure which it shall adopt by a majority vote of all members. c. president of the republic article 102. office of president of the republic the president of the republic represents the republic of slovenia and is commander-in-chief of its defence forces. article 103. election of the president of the republic the president of the republic is elected in direct, general elections by secret ballot. the candidate who receives a majority of the valid votes cast is elected president of the republic. the president of the republic is elected for a term of five years and may be elected for a maximum of two consecutive terms. if the term of office of the president of the republic expires during a war or state of emergency, the president's term shall expire six months after the cessation of such war or state of emergency. only a citizen of slovenia may be elected president of the republic. elections to the office of president of the republic are called by the president of the national assembly. the president of the republic must be elected no later than fifteen days before the expiry of the term of the incumbent president. article 104. oath of office of the president of the republic before taking office, the president of the republic shall swear the following oath before the national assembly: "i swear that i shall uphold the constitutional order, that i shall act according to my conscience and that i shall do all in my power for the good of slovenia." article 105. incompatibility of the office of president of the republic the office of president of the republic is incompatible with any other public office or occupation. article 106. deputisation of the president of the republic in the event of permanent absence, death, resignation or other cessation of performing the office of president, the president of the national assembly shall temporarily perform the duties of the office of president of the republic until the election of a new president of the republic. in such event, elections for a new president of the republic must be called no later than fifteen days after the cessation of office of the previous president of the republic. the president of the national assembly also temporarily performs the duties of the office of president of the republic during any absence of the president of the republic. article 107. powers of the president of the republic the president of the republic: calls elections to the national assembly; promulgates laws; appoints state officials where provided by law; appoints and recalls ambassadors and envoys of the republic, and accepts the letters of credence of foreign diplomatic representatives; issues instruments of ratification; decides on the granting of clemency; confers decorations and honorary titles; performs other duties determined by this constitution. where required by the national assembly the president of the republic must express his opinion on an individual issue. article 108. decrees with the force of law in the event that the national assembly is unable to convene due to a state of emergency or war, the president of the republic may, on the proposal of the government, issue decrees with the force of law. such decrees may, in exception, restrict individual rights and fundamental freedoms as provided by article 16 of this constitution. the president of the republic must submit decrees with the force of law to the national assembly for confirmation immediately upon it next convening. article 109. accountability of the president of the republic if in the performance of his office the president of the republic violates the constitution or seriously violates the law, he may be impeached by the national assembly before the constitutional court. the constitutional court shall decide either that the impeachment charges are justified or it shall dismiss the charges, and it may further decide on relieving the president of office by a two-thirds majority vote of all judges. upon receiving a resolution on impeachment from the national assembly, the constitutional court may decide that pending a decision on impeachment the president of the republic may not perform his office. cc. the government article 110. composition of the government the government is composed of the president and ministers. within the scope of their powers, the government and individual ministers are independent and accountable to the national assembly. article 111. election of the president of the government after consultation with the leaders of parliamentary groups the president of the republic proposes to the national assembly a candidate for president of the government. the president of the government is elected by the national assembly by a majority vote of all deputies unless otherwise provided by this constitution. voting is by secret ballot. if such candidate does not receive the necessary majority of votes, the president of the republic may after renewed consultation propose within fourteen days a new candidate, or the same candidate again, and candidates may also be proposed by parliamentary groups or a minimum of ten deputies. if within this period several candidates have been proposed, each one is voted on separately beginning with the candidate proposed by the president of the republic, and if this candidate is not elected, a vote is taken on the other candidates in the order in which they were proposed. if no candidate is elected, the president of the republic dissolves the national assembly and calls new elections, unless within forty-eight hours the national assembly decides by a majority of votes cast by those deputies present to hold new elections for president of the government, whereby a majority of votes cast by those deputies present is sufficient for the election of the candidate. in such new elections a vote is taken on candidates individually in order of the number of votes received in the earlier voting and then on the new candidates proposed prior to the new vote, wherein any candidate proposed by the president of the republic takes precedence. if in such elections no candidate receives the necessary number of votes, the president of the republic dissolves the national assembly and calls new elections. article 112. appointment of ministers ministers are appointed and dismissed by the national assembly on the proposal of the president of the government. prior to appointment a proposed minister must appear before a competent commission of the national assembly and answer its questions. article 113. oath of office of the government upon election and appointment respectively, the president of the government and ministers shall swear before the national assembly the oath of office provided by article 104. article 114. organisation of the government the president of the government is responsible for ensuring the unity of the political and administrative direction of the government and coordinates the work of ministers. ministers are collectively accountable for the work of the government, and each minister is accountable for the work of his ministry. the composition and functioning of the government, and the number, competencies and organisation of ministries shall be regulated by law. article 115. termination of office of the president of the government and ministers the president of the government and ministers cease to hold office when a new national assembly convenes following elections; ministers also cease to hold office whenever the president of the government ceases to hold office and whenever such ministers are dismissed or resign; ministers must, however, continue to perform their regular duties until the election of a new president of the government or until the appointment of new ministers. article 116. vote of no confidence the national assembly may pass a vote of no confidence in the government only by electing a new president of the government on the proposal of at least ten deputies and by a majority vote of all deputies. the incumbent president of the government is thereby dismissed, but together with his ministers he must continue to perform his regular duties until the swearing in of a new government. no less than forty-eight hours must elapse between the lodging of a proposal to elect a new president of the government and the vote itself, unless the national assembly decides otherwise by a two-thirds majority vote of all deputies, or if the country is at war or in a state of emergency. where a president of the government has been elected on the basis of the fourth paragraph of article 111 a vote on no confidence is expressed in him if on the proposal of at least ten deputies, the national assembly elects a new president of the government by a majority of votes cast. article 117. vote of confidence the president of the government may require a vote of confidence in the government. if the government does not receive the support of a majority vote of all deputies, the national assembly must elect within thirty days a new president of the government or in a new vote express its confidence in the incumbent president of the government, or failing this, the president of the republic dissolves the national assembly and calls new elections. the president of the government may tie the issue of confidence to the adoption of a law or to some other decision in the national assembly. if such decision is not adopted, it is deemed that a vote of no confidence in the government has been passed. no less than forty-eight hours must elapse between the requirement of a vote of confidence and the vote itself. article 118. interpellation an interpellation with respect to the work of the government or an individual minister may be initiated in the national assembly by at least ten deputies. if, after the debate following such interpellation, a majority of all deputies carries a vote of no confidence in the government or in an individual minister, the national assembly dismisses the government or said minister. article 119. impeachment of the president of the government and ministers the national assembly may impeach the president of the government or ministers before the constitutional court on charges of violating the constitution and laws during the performance of their office. the constitutional court considers the charges in such a manner as determined in article 109. d. state administration article 120. organisation and work of the state administration the organisation of the state administration, its competence and the manner of appointment of its officers are regulated by law. administrative bodies perform their work independently within the framework and on the basis of the constitution and laws. judicial protection of the rights and legal interests of citizens and organisations is guaranteed against decisions and actions of administrative bodies and bearers of public authority. article 121. public authorities legal entities and natural persons may be vested by law or on the basis thereof with the public authority to perform certain duties of the state administration. article 122. employment in the state administration employment in the state administration is possible only on the basis of open competition, except in cases provided by law. e. national defence article 123. duty to participate in the national defence participation in the national defence is compulsory for citizens within the limits and in the manner provided by law. citizens who for their religious, philosophical or humanitarian convictions are not willing to perform military duties, must be given the opportunity to participate in the national defence in some other manner. article 124. national defence the form, extent and organisation of the defence of the inviolability and integrity of the national territory shall be regulated by a law adopted by the national assembly by a two-thirds majority vote of deputies present. the conducting of defence is supervised by the national assembly. in the provision of security the state proceeds principally from a policy of peace, and an ethic of peace and non-aggression. f. the judiciary article 125. independence of judges judges shall be independent in the performance of the judicial function. they shall be bound by the constitution and laws. article 126. organisation and jurisdiction of courts the organisation and jurisdiction of courts are determined by law. extraordinary courts may not be established, nor may military courts be established in peacetime. article 127. supreme court the supreme court is the highest court in the state. it decides on ordinary and extraordinary legal remedies and performs other functions provided by law. article 128. participation of citizens in the exercising of judicial power the circumstances and form of the direct participation of citizens in the exercising of judicial power are regulated by law. article 129. permanence of judicial office the office of a judge is permanent. the age requirement and other conditions for election are determined by law. the retirement age of judges is determined by law. article 130. election of judges judges are elected by the national assembly on the proposal of the judicial council. article 131. judicial council the judicial council is composed of eleven members. the national assembly elects five members on the proposal of the president of the republic from among university professors of law, attorneys and other lawyers, whereas judges holding permanent judicial office elect six members from among their own number. the members of the council select a president from among their own number. article 132. termination of and dismissal from judicial office a judge ceases to hold judicial office where circumstances arise as provided by law. if in the performance of the judicial office a judge violates the constitution or seriously violates the law, the national assembly may dismiss such judge on the proposal of the judicial council. if a judge is found by a final judgement to have deliberately committed a criminal offence through the abuse of the judicial office, the national assembly dismisses such judge. article 133. incompatibility of judicial office judicial office is not compatible with office in other state bodies, in local self-government bodies and in bodies of political parties, and with other offices and activities as provided by law. article 134. immunity of judges no one who participates in making judicial decisions may be held accountable for an opinion expressed during decision-making in court. if a judge is suspected of a criminal offence in the performance of judicial office, he may not be detained nor may criminal proceedings be initiated against him without the consent of the national assembly. g. state prosecutors office article 135. state prosecutor state prosecutors file and present criminal charges and have other powers provided by law. the organisation and powers of state prosecutor offices are provided by law. article 136. incompatibility of the office of state prosecutor the office of state prosecutor is not compatible with office in other state bodies, in local self-government bodies and in bodies of political parties, and with other offices and activities as provided by law. h. attorneyship and notariat article 137. attorneyship and notariat attorneyship is an independent service within the system of justice, and is regulated by law. the notariat is a public service regulated by law. v. self-government a. local self-government article 138. exercise of local self-government residents of slovenia exercise local self-government in municipalities and other local communities. article 139. municipalities municipalities are self-governing local communities. the territory of a municipality comprises a settlement or several settlements bound together by the common needs and interests of the residents. a municipality is established by law following a referendum by which the will of the residents in a given territory is determined. the territory of the municipality is also defined by law. article 140. scope of local self-government the competencies of a municipality comprise local affairs which may be regulated by the municipality autonomously and which affect only the residents of the municipality. the state may by law transfer to municipalities the performance of specific duties within the state competence if it also provides financial resources to enable such. state authorities shall supervise the proper and competent performance of work relating to matters vested in the local community bodies by the state. article 141. urban municipalities a town may attain the status of an urban municipality in accordance with such procedure and under such conditions as provided by law. an urban municipality performs, as being within its original competence, particular duties within the state competence relating to urban development as provided by law. article 142. municipal revenue a municipality is financed from its own sources. municipalities that are unable to completely provide for the performance of their duties due to insufficient economic development are assured additional funding by the state in accordance with principles and criteria provided by law. article 143. region a region is a self-governing local community that manages local affairs of wider importance, and certain affairs of regional importance provided by law. regions are established by a law which also determines their territory, seat, and name. such law is adopted by the national assembly by a two-thirds majority vote of deputies present. the participation of the municipalities must be guaranteed in the procedure for adopting the law. the state transfers by law the performance of specific duties within the state competence to the regions and must provide to them the necessary financial resources to enable such. article 144. supervision by state authorities state authorities supervise the legality of the work of local community authorities. b. other forms of self-government article 145. self-government in the field of social activities citizens may form self-governing associations to promote their interests. citizens may be given the authority by law to manage through self-government particular matters within the state competence. vi. public finance article 146. financing of the state and local communities the state and local communities raise funds for the performance of their duties by means of taxes and other compulsory charges as well as from revenues from their own assets. the state and local communities disclose the value of their assets by means of balance sheets. article 147. taxes the state imposes taxes, customs duties and other charges by law. local communities impose taxes and other charges under conditions provided by the constitution and law. article 148. budgets all revenues and expenditures for the financing of public spending must be included in the budgets of the state. revenues and expenditures of the budgets of the state must be balanced in the medium-term without borrowing, or revenues must exceed expenditures. temporary deviation from this principle is only allowed when exceptional circumstances affect the state. the manner and the time frame of the implementation of the principle referred to in the preceding paragraph, the criteria for determining exceptional circumstances, and the course of action when they arise, shall be determined by a law adopted by the national assembly by a two-thirds majority vote of all deputies. if a budget has not been adopted by the first day it is due to be implemented, the beneficiaries financed by the budget are temporarily financed in accordance with the previous budget. article 149. state borrowings state borrowings and guarantees by the state for loans are only permitted on the basis of law. article 150. court of audit the court of audit is the highest body for supervising state accounts, the state budget and all public spending. the organisation and powers of the court of audit are provided by law. the court of audit is independent in the performance of its duties and bound by the constitution and laws. article 151. appointment of members to the court of audit members of the court of audit are appointed by the national assembly. article 152. central bank slovenia has a central bank. in its functioning the bank is independent and directly accountable to the national assembly. the central bank is established by law. the governor of the central bank is appointed by the national assembly. vii. constitutionality and legality article 153. conformity of legal acts laws, regulations and other general legal acts must be in conformity with the constitution. laws must be in conformity with generally accepted principles of international law and with valid treaties ratified by the national assembly, whereas regulations and other general legal acts must also be in conformity with other ratified treaties. regulations and other general legal acts must be in conformity with the constitution and laws. individual acts and actions of state authorities, local community authorities and bearers of public authority must be based on a law or regulation adopted pursuant to law. article 154. validity and publication of regulations regulations must be published prior to coming into force. a regulation comes into force on the fifteenth day after its publication unless otherwise determined in the regulation itself. state regulations are published in the official gazette of the state, whereas local community regulations are published in the official publication determined by the local community. article 155. prohibition of retroactive effect of legal acts laws and other regulations and general legal acts cannot have retroactive effect. only a law may establish that certain of its provisions have retroactive effect, if this is required in the public interest and provided that no acquired rights are infringed thereby. article 156. constitutional review if a court deciding some matter deems a law which it should apply to be unconstitutional, it must stay the proceedings and initiate proceedings before the constitutional court. the proceedings in the court may be continued after the constitutional court has issued its decision. article 157. judicial review of administrative acts a court having jurisdiction to review administrative acts decides the legality of final individual acts with which state authorities, local community authorities and bearers of public authority decide the rights or obligations and legal entitlements of individuals and organisations, if other legal protection is not provided by law for a particular matter. if other legal protection is not provided, the court having jurisdiction to review administrative acts also decides on the legality of individual actions and acts which intrude upon the constitutional rights of the individual. article 158. finality of legal decisions legal relations regulated by the final decision of a state authority may be annulled, abrogated or amended only in such cases and by such procedures as are provided by law. article 159. ombudsman for human rights and fundamental freedoms in order to protect human rights and fundamental freedoms in relation to state authorities, local self-government authorities and bearers of public authority, the office of the ombudsman for the rights of citizens shall be established by law. special ombudsmen for the rights of citizens may also be established by law for particular fields. viii. the constitutional court article 160. powers of the constitutional court the constitutional court decides: on the conformity of laws with the constitution; on the conformity of laws and other regulations with ratified treaties and with the general principles of international law; on the conformity of regulations with the constitution and with laws; on the conformity of local community regulations with the constitution and with laws; on the conformity of general acts issued for the exercise of public authority with the constitution, laws and regulations; on constitutional complaints stemming from the violation of human rights and fundamental freedoms by individual acts; on jurisdictional disputes between the state and local communities and among local communities themselves; on jurisdictional disputes between courts and other state authorities; on jurisdictional disputes between the national assembly, the president of the republic and the government; on the unconstitutionality of the acts and activities of political parties; and on other matters vested in the constitutional court by this constitution or laws. in the process of ratifying a treaty, the constitutional court, on the proposal of the president of the republic, the government or a third of the deputies of the national assembly, issues an opinion on the conformity of such treaty with the constitution. the national assembly is bound by the opinion of the constitutional court. unless otherwise provided by law, the constitutional court decides on a constitutional complaint only if legal remedies have been exhausted. the constitutional court decides whether to accept a constitutional complaint for adjudication on the basis of criteria and procedures provided by law. article 161. abrogation of a law if the constitutional court establishes that a law is unconstitutional, it abrogates such law in whole or in part. such abrogation takes effect immediately or within a period of time determined by the constitutional court. this period of time may not exceed one year. the constitutional court annuls or abrogates other regulations or general acts that are unconstitutional or contrary to law. under conditions provided by law, the constitutional court may, up until a final decision, suspend in whole or in part the implementation of an act whose constitutionality or legality is being reviewed. if in deciding on a constitutional complaint the constitutional court establishes the unconstitutionality of a regulation or general act, it may in accordance with the provisions of the first paragraph of this article annul or abrogate such regulation or act. the legal consequences of constitutional court decisions shall be regulated by law. article 162. proceedings before the constitutional court proceedings before the constitutional court shall be regulated by law. the law determines who may require the initiation of proceedings before the constitutional court. anyone who demonstrates legal interest may request the initiation of proceedings before the constitutional court. the constitutional court decides by a majority vote of all its judges unless otherwise provided for individual cases by the constitution or law. the constitutional court may decide whether to initiate proceedings following a constitutional complaint with fewer judges as provided by law. article 163. composition and election the constitutional court is composed of nine judges, elected on the proposal of the president of the republic by the national assembly in a manner provided by law. the judges are elected from among legal experts. the president of the constitutional court is elected by the judges from among their own number for a term of three years. article 164. early termination of office of a constitutional court judge a constitutional court judge may be subject to early termination of office in a manner provided by law only: if the judge himself so requests, if the judge is punished by imprisonment for a criminal offence, or due to permanent loss of capacity to perform his office. article 165. term of office of judges constitutional court judges are elected for a term of nine years. constitutional court judges may not be re-elected. upon the expiry of the term for which a constitutional court judge has been elected, he continues to perform his office until the election of a new judge. article 166. incompatibility of office the office of constitutional court judge is not compatible with office in state bodies, in local self-government bodies and in bodies of political parties, and with other offices and activities that are not compatible by law with the office of constitutional court judge. article 167. immunity constitutional court judges enjoy the same immunity as national assembly deputies. the national assembly decides on such immunity. ix. procedure for amending the constitution article 168. proposal to initiate the procedure a proposal to initiate the procedure for amending the constitution may be made by twenty deputies of the national assembly, the government or at least thirty thousand voters. such proposal is decided upon by the national assembly by a two-thirds majority vote of deputies present. article 169. acts amending the constitution the national assembly adopts acts amending the constitution by a two-thirds majority vote of all deputies. article 170. confirmation of constitutional amendments by referendum the national assembly must submit a proposed constitutional amendment to voters for adoption in a referendum, if so required by at least thirty deputies. a constitutional amendment is adopted in a referendum if a majority of those voting voted in favour of the same, provided that a majority of all voters participated in the referendum. article 171. promulgation of constitutional amendments constitutional amendments enter into force upon their promulgation in the national assembly. x. transitional and final provisions article 172 this constitution enters into force upon its promulgation. article 173 the provisions of this constitution apply from the day of its promulgation, unless otherwise provided in the constitutional act implementing this constitution. article 174 a constitutional act shall be passed in order to implement this constitution and to ensure transition to the application of the provisions of this constitution. the constitutional act shall be passed by a two-thirds majority vote of all deputies in all chambers of the assembly of the republic of slovenia. preamble we, the sovereign filipino people, imploring the aid of almighty god, in order to build a just and humane society and establish a government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this constitution. article i. national territory the national territory comprises the philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. the waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the philippines. article ii. declaration of principles and state policies principles principles sec 1 the philippines is a democratic and republican state. sovereignty resides in the people and all government authority emanates from them. sec 2 the philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equally, justice, freedom, cooperation, and amity with all nations. sec 3 civilian authority is, at all times, supreme over the military. the armed forces of the philippines is the protector of the people and the state. its goal is to secure the sovereignty of the state and the integrity of the national territory. sec 4 the prime duty of the government is to serve and protect the people. the government may call upon the people to defend the state and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal military or civil service. sec 5 the maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. sec 6 the separation of church and state shall be inviolable. sec 7 the state shall pursue an independent foreign policy. in its relations with other states the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination. sec 8 the philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory. sec 9 the state shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all. sec 10 the state shall promote social justice in all phases of national development. sec 11 the state values the dignity of every human person and guarantees full respect for human rights. sec 12 the state recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. it shall equally protect the life of the mother and the life of the unborn from conception. the natural and primary right and duty of parents in the rearing of the young for civic efficiency and the development of moral character shall receive the support of the government. sec 13 the state recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. it shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs. sec 14 the state recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men. sec 15 the state shall protect and promote the right to health of the people and instill health consciousness among them. sec 16 the state shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. sec 17 the state shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development. sec 18 the state affirms labor as a primary social economic force. it shall protect the rights of workers and promote their welfare. sec 19 the state shall develop a self-reliant and independent national economy effectively controlled by filipinos. sec 20 the state recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments. sec 21 the state shall promote comprehensive rural development and agrarian reform. sec 22 the state recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development. sec 23 the state shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation. sec 24 the state recognizes the vital role of communication and information in nation-building. sec 25 the state shall ensure the autonomy of local governments. sec 26 the state shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law. sec 27 the state shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption. sec 28 subject to reasonable conditions prescribed by law, the state adopts and implements a policy of full public disclosure of all its transactions involving public interest. article iii. bill of rights sec 1 no person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. sec 2 the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. sec 3 the privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law. any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding. sec 4 no law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances. sec 5 no law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. the free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. no religious test shall be required for the exercise of civil or political rights. sec 6 the liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law. sec 7 the right of the people to information on matters of public concern shall be recognized. access to official records, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law. sec 8 the right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged. sec 9 private property shall not be taken for public use without just compensation. sec 10 no law impairing the obligation of contracts shall be passed. sec 11 free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. sec 12 any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. if the person cannot afford the services of counsel, he must be provided with one. these rights cannot be waived except in writing and in the presence of counsel. no torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. any confession or admission obtained in violation of this or section 17 hereof shall be inadmissible in evidence against him. the law shall provide for penal and civil sanctions of violations of this section as well as compensation to and rehabilitation of victims of torture or similar practices, and their families. sec 13 all persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient securities, or be released on recognizance as may be provided by law. the right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. excessive bail shall not be required. sec 14 no person shall be held to answer for a criminal offense without due process of law. in all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. however, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable. sec 15 the privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it. sec 16 all persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. sec 17 no person shall be compelled to be a witness against himself. sec 18 no person shall be detained solely by reason of his political beliefs and aspirations. no involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. sec 19 excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the congress hereafter provides for it. any death penalty already imposed shall be reduced to reclusion perpetua. the employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law. sec 20 no person shall be imprisoned for debt or non-payment of a poll tax. sec 21 no person shall be twice put in jeopardy of punishment for the same offense. if an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. sec 22 no ex post facto law or bill of attainder shall be enacted. article iv. citizenship sec 1 the following are citizens of the philippines: those who are citizens of the philippines at the time of the adoption of this constitution; those whose fathers or mothers are citizens of the philippines; those born before january 17, 1973, of filipino mothers, who elect philippine citizenship upon reaching the age of majority; and those who are naturalized in accordance with law. sec 2 natural-born citizens are those who are citizens of the philippines from birth without having to perform any act to acquire or perfect their philippine citizenship. those who elect philippine citizenship in accordance with paragraph (3), section 1 hereof shall be deemed natural-born citizens. sec 3 philippine citizenship may be lost or reacquired in the manner provided by law. sec 4 citizens of the philippines who marry aliens shall retain their citizenship, unless by their act or omission they are deemed, under the law, to have renounced it. sec 5 dual allegiance of citizens is inimical to the national interest and shall be dealt with by law. article v. suffrage sec 1 suffrage may be exercised by all citizens of the philippines not otherwise disqualified by law, who are at least eighteen years of age, and who shall have resided in the philippines for at least one year and in the place wherein they propose to vote for at least six months immediately preceding the election. no literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage. sec 2 the congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a system for absentee voting by qualified filipinos abroad. the congress shall also design a procedure for the disabled and the illiterates to vote without the assistance of other persons. until then, they shall be allowed to vote under existing laws and such rules as the commission on elections may promulgate to protect the secrecy of the ballot. article vi. legislative department sec 1 the legislative power shall be vested in the congress of the philippines which shall consist of a senate and a house of representatives, except to the extent reserved to the people by the provision on initiative and referendum. sec 2 the senate shall be composed of twenty-four senators who shall be elected at large by the qualified voters of the philippines, as may be provided by law. sec 3 no person shall be a senator unless he is a natural-born citizen of the philippines, and, on the day of the election, is at least thirty-five years of age, able to read and write, a registered voter, and a resident of the philippines for not less than two years immediately preceding the day of the election. sec 4 the term of office of the senators shall be six years and shall commence, unless otherwise provided by law, at noon on the thirteenth day of june next following their election. no senator shall serve for more than two consecutive terms. voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. sec 5 the house of representatives shall be composed of not more than two hundred and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the metropolitan manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties of organizations. the party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party list. for three consecutive terms after the ratification of this constitution, one-half of the seats allocated to party-list representatives shall be filled, as provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by law, except the religious sector. each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. each city with a population of at least two hundred fifty thousand, or each province, shall have at least one representative. within three years following the return of every census, the congress shall make a reapportionment of legislative districts based on the standards provided in this section. sec 6 no person shall be a member of the house of representatives unless he is a natural-born citizen of the philippines and, on the day of the election, is at least twenty-five years of age, able to read and write, and, except the party-list representatives, a registered voter in the district in which he shall be elected, and a resident thereof for a period of not less than one year immediately preceding the day of the election. sec 7 the members of the house of representatives shall be elected for a term of three years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of june next following their election. no member of the house of representatives shall serve for more than three consecutive terms. voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. sec 8 unless otherwise provided by law, the regular election of the senators and the members of the house of representatives shall be held on the second monday of may. sec 9 in case of vacancy in the senate or in the house of representatives, a special election may be called to fill such vacancy in the manner prescribed by law, but the senator or member of the house of representatives thus elected shall serve only for the unexpired term. sec 10 the salaries of senators and members of the house of representatives shall be determined by law. no increase in said compensation shall take effect until after the expiration of the full term of all the members of the senate and the house of representatives approving such increase. sec 11 a senator or member of the house of representatives shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest while the congress is in session. no member shall be questioned nor be held liable in any other place for any speech or debate in the congress or in any committee thereof. sec 12 all members of the senate and the house of representatives shall, upon assumption of office, make a full disclosure of their financial and business interests. they shall notify the house concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors. sec 13 no senator or member of the house of representatives may hold any other office or employment in the government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat. neither shall he be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected. sec 14 no senator or member of the house of representatives may personally appear as counsel before any court of justice or before the electoral tribunals, or quasi-judicial and other administrative bodies. neither shall he, directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by the government, or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporation, or its subsidiary, during his term of office. he shall not intervene in any matter before any office of the government for his pecuniary benefit or where he may be called upon to act on account of his office. sec 15 the congress shall convene once every year on the fourth monday of july for its regular session, unless a different date is fixed by law, and shall continue to be in session for such number of days as it may determine until thirty days before the opening of its next regular session, exclusive of saturdays, sundays, and legal holidays. the president may call a special session at any time. sec 16 the senate shall elect its president and the house of representatives its speaker, by a majority vote of all its respective members. each house shall choose such other officers as it may deem necessary. a majority of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent members in such manner, and under such penalties, as such house may provide. each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds of all its members, suspend or expel a member. a penalty of suspension, when imposed, shall not exceed sixty days. each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of one-fifth of the members present, be entered in the journal. each house shall also keep a record of its proceedings. neither house during the sessions of the congress shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. sec 17 the senate and the house of representatives shall each have an electoral tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective members. each electoral tribunal shall be composed of nine members, three of whom shall be justices of the supreme court to be designated by the chief justice, and the remaining six shall be members of the senate or the house of representatives, as the case may be, who shall be chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system represented therein. the senior justice in the electoral tribunal shall be its chairman. sec 18 there shall be a commission on appointments consisting of the president of the senate, as ex officio chairman, twelve senators, and twelve members of the house of representatives, elected by each house on the basis of proportional representation from the political parties and parties or organizations registered under the party-list system represented therein. the chairman of the commission shall not vote, except in case of a tie. the commission shall act on all appointments submitted to it within thirty session days of the congress from their submission. the commission shall rule by a majority vote of all the members. sec 19 the electoral tribunals and the commission on appointments shall be constituted within thirty days after the senate and the house of representatives shall have been organized with the election of the president and the speaker. the commission on appointments shall meet only while the congress is in session, at the call of its chairman or a majority of all its members, to discharge such powers and functions as are herein conferred upon it. sec 20 the records and books of accounts of the congress shall be preserved and be open to the public in accordance with law, and such books shall be audited by the commission on audit which shall publish annually an itemized list of amounts paid to and expenses incurred for each member. sec 21 the senate or the house of representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. the rights of persons appearing in or affected by such inquiries shall be respected. sec 22 the heads of departments may upon their own initiative, with the consent of the president, or upon the request of either house, as the rules of each house shall provide, appear before and be heard by such house on any matter pertaining to their departments. written questions shall be submitted to the president of the senate or the speaker of the house of representatives at least three days before their scheduled appearance. interpellations shall not be limited to written questions, but may cover matters related thereto. when the security of the state or the public interest so requires and the president so states in writing, the appearance shall be conducted in executive session. sec 23 the congress, by a vote of two-thirds of both houses in joint session assembled, voting separately, shall have the sole power to declare the existence of a state of war. in times of war or other national emergency, the congress may, by law, authorize the president, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. unless sooner withdrawn by resolution of the congress, such powers shall cease upon the next adjournment thereof. sec 24 all appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local application, and private bills shall originate exclusively in the house of representatives, but the senate may propose or concur with amendments. sec 25 the congress may not increase the appropriations recommended by the president for the operation of the government as specified in the budget. the form, content, and manner of preparation of the budget shall be prescribed by law. no provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein. any such provision or enactment shall be limited in its operation to the appropriation to which it relates. the procedure in approving appropriations for the congress shall strictly follow the procedure for approving appropriations for other departments and agencies. a special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds actually available as certified by the national treasurer, or to be raised by a corresponding revenue proposal therein. no law shall be passed authorizing any transfer of appropriations; however, the president, the president of the senate, the speaker of the house of representatives, the chief justice of the supreme court, and the heads of constitutional commissions may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations. discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law. if, by the end of any fiscal year, the congress shall have failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed reenacted and shall remain in force and effect until the general appropriations bill is passed by the congress. sec 26 every bill passed by the congress shall embrace only one subject which shall be expressed in the title thereof. no bill passed by either house shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to its members three days before its passage, except when the president certifies to the necessity of its immediate enactment to meet a public calamity or emergency. upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the journal. sec 27 every bill passed by the congress shall, before it becomes a law, be presented to the president. if he approves the same, he shall sign it; otherwise, he shall veto it and return the same with his objections to the house where it originated, which shall enter the objections at large in its journal and proceed to reconsider it. if, after such reconsideration, two-thirds of all the members of such house shall agree to pass the bill, it shall be sent, together with the objections, to the other house by which it shall likewise be reconsidered, and if approved by two-thirds of all the members of that house, it shall become a law. in all such cases, the votes of each house shall be determined by yeas or nays, and the names of the members voting for or against shall be entered in its journal. the president shall communicate his veto of any bill to the house where it originated within thirty days after the date of receipt thereof; otherwise, it shall become a law as if he had signed it. the president shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object. sec 28 the rule of taxation shall be uniform and equitable. the congress shall evolve a progressive system of taxation. the congress may, by law, authorize the president to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts within the framework of the national development program of the government. charitable institutions, churches and parsonages or convents appurtenant thereto, mosques, non-profit cemeteries, and all lands, buildings, and improvements, actually, directly, and exclusively used for religious, charitable, or educational purposes shall be exempt from taxation. no law granting any tax exemption shall be passed without the concurrence of a majority of all the members of the congress. sec 29 no money shall be paid out of the treasury except in pursuance of an appropriation made by law. no public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or of any priest, preacher, minister, or other religious teacher, or dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium. all money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only. if the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the government. sec 30 no law shall be passed increasing the appellate jurisdiction of the supreme court as provided in this constitution without its advice and concurrence. sec 31 no law granting a title of royalty or nobility shall be enacted. sec 32 the congress shall, as early as possible, provide for a system of initiative and referendum, and the exceptions therefrom, whereby the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the congress or local legislative body after the registration of a petition therefor signed by at least ten per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters thereof. article vii. executive department sec 1 the executive power shall be vested in the president of the philippines. sec 2 no person may be elected president unless he is a natural-born citizen of the philippines, a registered voter, able to read and write, at least forty years of age on the day of the election, and a resident of the philippines for at least ten years immediately preceding such election. sec 3 there shall be a vice-president who shall have the same qualifications and term of office and be elected with and in the same manner as the president. he may be removed from office in the same manner as the president. the vice-president may be appointed as a member of the cabinet. such appointment requires no confirmation. sec 4 the president and the vice-president shall be elected by direct vote of the people for a term of six years which shall begin at noon on the thirtieth day of june next following the day of the election and shall end at noon of the same date six years thereafter. the president shall not be eligible for any reelection. no person who has succeeded as president and has served as such for more than four years shall be qualified for election to the same office at any time. no vice-president shall serve for more than two successive terms. voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of the service for the full term for which he was elected. unless otherwise provided by law, the regular election for president and vice-president shall be held on the second monday of may. the returns of every election for president and vice-president, duly certified by the board of canvassers of each province or city, shall be transmitted to the congress, directed to the president of the senate. upon receipt of the certificates of canvass, the president of the senate shall, not later than thirty days after the day of the election, open all the certificates in the presence of the senate and the house of representatives in joint public session, and the congress, upon determination of the authenticity and due execution thereof in the manner provided by law, canvass the votes. the person having the highest number of votes shall be proclaimed elected, but in case two or more shall have an equal and highest number of votes, one of them shall forthwith be chosen by the vote of a majority of all the members of both houses of the congress, voting separately. the congress shall promulgate its rules for the canvassing of the certificates. the supreme court, sitting en banc, shall be the sole judge of all contests relating to the election, returns, and qualifications of the president or vice-president, and may promulgate its rules for the purpose. sec 5 before they enter on the execution of their office, the president, the vice-president, or the acting president shall take the following oath or affirmation: "i do solemnly swear (or affirm) that i will faithfully and conscientiously fulfill my duties as president (or vice-president or acting president) of the philippines, preserve and defend its constitution, execute its laws, do justice to every man, and consecrate myself to the service of the nation. so help me god." (in case of affirmation, last sentence will be omitted.) sec 6 the president shall have an official residence. the salaries of the president and vice-president shall be determined by law and shall not be decreased during their tenure. no increase in said compensation shall take effect until after the expiration of the term of the incumbent during which such increase was approved. they shall not receive during their tenure any other emolument from the government or any other source. sec 7 the president-elect and the vice-president-elect shall assume office at the beginning of their terms. if the president-elect fails to qualify, the vice-president-elect shall act as president until the president-elect shall have qualified. if a president shall not have been chosen, the vice-president-elect shall act as president until a president shall have been chosen and qualified. if at the beginning of the term of the president, the president-elect shall have died or shall have become permanently disabled, the vice-president-elect shall become president. where no president and vice-president shall have been chosen or shall have qualified, or where both shall have died or become permanently disabled, the president of the senate or, in case of his inability, the speaker of the house of representatives shall act as president until a president or a vice-president shall have been chosen and qualified. the congress shall, by law, provide for the manner in which one who is to act as president shall be selected until a president or a vice-president shall have qualified, in case of death, permanent disability, or inability of the officials mentioned in the next preceding paragraph. sec 8 in case of death, permanent disability, removal from office, or resignation of the president, the vice-president shall become the president to serve the unexpired term. in case of death, permanent disability, removal from office, or resignation of both the president and vice-president, the president of the senate or, in case of his inability, the speaker of the house of representatives, shall then act as president until the president or vice-president shall have been elected and qualified. the congress shall, by law, provide who shall serve as president in case president of death, permanent disability, or resignation of the acting president. he shall serve until the president or vice-president shall have been elected and qualified, and be subject to the same restrictions of powers and disqualifications as the acting president. sec 9 whenever there is a vacancy in the office of the vice-president during the term for which he was elected, the president shall nominate a vice-president from among the members of the senate and the house of representatives who shall assume office upon confirmation by a majority vote of all the members of both houses of the congress, voting separately. sec 10 the congress shall, at ten o'clock in the morning of the third day after the vacancy in the offices of the president and vice-president occurs, convene in accordance with its rules without need of a call and within seven days enact a law calling for a special election to elect a president and a vice-president to be held not earlier than forty-five days nor later than sixty days from the time of such call. the bill calling such special election shall be deemed certified under paragraph 2, section 26, article vi of this constitution and shall become law upon its approval on third reading by the congress. appropriations for the special election shall be charged against any current appropriations and shall be exempt from the requirements of paragraph 4, section 25, article vi of this constitution. the convening of the congress cannot be suspended nor the special election postponed. no special election shall be called if the vacancy occurs within eighteen months before the date of the next presidential election. sec 11 whenever the president transmits to the president of the senate and the speaker of the house of representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the vice-president as acting president. whenever a majority of all the members of the cabinet transmit to the president of the senate and to the speaker of the house of representatives their written declaration that the president is unable to discharge the powers and duties of his office, the vice-president shall immediately assume the powers and duties of the office as acting president. thereafter, when the president transmits to the president of the senate and to the speaker of the house of representatives his written declaration that no inability exists, he shall reassume the powers and duties of his office. meanwhile, should a majority of all the members of the cabinet transmit within five days to the president of the senate and to the speaker of the house of representatives their written declaration that the president is unable to discharge the powers and duties of his office, the congress shall decide the issue. for that purpose, the congress shall convene, if it is not in session, within forty-eight hours, in accordance with its rules and without need of call. if the congress, within ten days after receipt of the written declaration or, if not in session, within twelve days after it is required to assemble, determines by a two-thirds vote of both houses, voting separately, that the president is unable to discharge the powers and duties of his office, the vice-president shall act as president; otherwise, the president shall continue exercising the powers and duties of his office. sec 12 in case of serious illness of the president, the public shall be informed of the state of his health. the members of the cabinet in charge of national security and foreign relations and the chief of staff of the armed forces of the philippines, shall not be denied access to the president during such illness. sec 13 the president, vice-president, the members of the cabinet, and their deputies or assistants shall not, unless otherwise provided in this constitution, hold any other office or employment during their tenure. they shall not, during said tenure, directly or indirectly, practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise, or special privilege granted by the government or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries. they shall strictly avoid conflict of interest in the conduct of their office. the spouse and relatives by consanguinity or affinity within the fourth civil degree of the president shall not during his tenure be appointed as members of the constitutional commissions, or the office of the ombudsman, or as secretaries, undersecretaries, chairmen or heads of bureaus or offices, including government-owned or controlled corporations and their subsidiaries. sec 14 appointments extended by an acting president shall remain effective, unless revoked by the elected president within ninety days from his assumption or reassumption of office. sec 15 two months immediately before the next presidential elections and up the end of his term, a president or acting president shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety. sec 16 the president shall nominate and, with the consent of the commission on appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in his in his constitution. he shall also appoint all other officers of the government whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint. the congress may, by law, vest the appointment of other officers lower in rank in the president alone, in the courts, or in the heads of departments, agencies, commissions, or boards. the president shall have the power to make appointments during the recess of the congress, whether voluntary or compulsory, but such appointments shall be effective only until disapproval by the commission on appointments or until the next adjournment of the congress. sec 17 the president shall have control of all the executive departments, bureaus, and offices. he shall ensure that the laws be faithfully executed. sec 18 the president shall be the commander-in-chief of all armed forces of the philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. in case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the philippines or any part thereof under martial law. within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the president shall submit a report in person or in writing to the congress. the congress, voting jointly, by a vote of at least a majority of all its members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the president. upon the initiative of the president, the congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the congress, if the invasion or rebellion shall persist and public safety requires it. the congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without need of a call. the supreme court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the extension thereof, and must promulgate its decision thereon within thirty days from its filing. a state of martial law does not suspend the operation of the constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ. the suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion. during the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released. sec 19 except in cases of impeachment, or as otherwise provided in this constitution, the president may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgement. he shall also have the power to grant amnesty with the concurrence of a majority of all the members of the congress. sec 20 the president may contract or guarantee foreign loans on behalf of the republic of the philippines with the prior concurrence of the monetary board, and subject to such limitations as may be provided by law. the monetary board shall, within thirty days from the end of every quarter of the calendar year, submit to the congress a complete report of its decisions on applications for loans to be contracted or guaranteed by the government or government-owned and controlled corporations which would have the effect of increasing the foreign debt, and containing other matters as may be provided by law. sec 21 no treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the members of the senate. sec 22 the president shall submit to the congress within thirty days from the opening of every regular session, as the basis of the general appropriations bill, a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures. sec 23 the president shall address the congress at the opening of its regular session. he may also appear before it at any other time. article viii. judicial department sec 1 the judicial power shall be vested in one supreme court and in such lower courts as may be established by law. judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government. sec 2 the congress shall have the power to define, prescribe, and apportion the jurisdiction of the various courts but may not deprive the supreme court of its jurisdiction over cases enumerated in section 5 hereof. no law shall be passed reorganizing the judiciary when it undermines the security of tenure of its members. sec 3 the judiciary shall enjoy fiscal autonomy. appropriations for the judiciary may not be reduced by the legislature below the amount appropriated for the previous year and, after approval, shall be automatically and regularly released. sec 4 the supreme court shall be composed of a chief justice and fourteen associate justices. it may sit en banc or, in its discretion, in divisions of three, five, or seven members. any vacancy shall be filled within ninety days from the occurrence thereof. all cases involving the constitutionality of a treaty, international or executive agreement, or law, which shall be heard by the supreme court en banc, and all other cases which under the rules of court are required to be heard en banc, including those involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations, shall be decided with the concurrence of a majority of the members who actually took part in the deliberations on the issues in the case and voted thereon. cases or matter heard by a division shall be decided or resolved with the concurrence of a majority of the members who actually took part in the deliberations on the issues in the case and voted thereon, and in no case, without the concurrence of at least three of such members. when the required number is not obtained, the case shall be decided en banc: provided, that no doctrine or principle of law laid down by the court in a decision rendered en banc or in division may be modified or reversed except by the court sitting en banc. sec 5 the supreme court shall have the following powers: exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus. review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the rules of court may provide, final judgments and orders of lower courts in. all cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question. all cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto. all cases in which the jurisdiction of any lower court is in issue. all criminal cases in which the penalty imposed is reclusion perpetua or higher. all cases in which only an error or question of law is involved. assign temporarily judges of lower courts to other stations or public interest may require. such temporary assignment shall not exceed six months without the consent of the judge concerned. order a change of venue or place of trial to avoid a miscarriage of justice. promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the integrated bar, and legal assistance to the underprivileged such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the supreme court. appoint all officials and employees of the judiciary in accordance with the civil service law. sec 6 the supreme court shall have administrative supervision over all courts and the personnel thereof. sec 7 no person shall be appointed member of the supreme court or any lower collegiate court unless he is a natural-born citizen of the philippines. a member of the supreme court must be at least forty years of age, and must have been for fifteen years or more a judge of a lower court or engaged in the practice of law in the philippines. the congress shall prescribe the qualifications of judges of lower courts, but no person may be appointed judge thereof unless he is a citizen of the philippines and a member of the philippine bar. a member of the judiciary must be a person of proven competence, integrity, probity, and independence. sec 8 a judicial and bar council is hereby created under the supervision of the supreme court composed of the chief justice as ex officio chairman, the secretary of justice, and a representative of the congress as ex officio members, a representative of the integrated bar, a professor of law, a retired member of the supreme court, and a representative of the private sector. the regular members of the council shall be appointed by the president for a term of four years with the consent of the commission on appointments. of the members first appointed, the representative of the integrated bar shall serve for four years, the professor of law for three years, the retired justice for two years, and the representative of the private sector for one year. the clerk of the supreme court shall be the secretary ex officio of the council and shall keep a record of its proceedings. the regular members of the council shall receive such emoluments as may be determined by the supreme court. the supreme court shall provide in its annual budget the appropriations for the council. the council shall have the principal function of recommending appointees to the judiciary. it may exercise such other functions and duties as the supreme court may assign to it. sec 9 the members of the supreme court and judges of lower courts shall be appointed by the president from a list of at least three nominees prepared by the judicial and bar council for every vacancy. such appointments need no confirmation. for the lower courts, the president shall issue the appointments within ninety days from the submission of the list. sec 10 the salary of the chief justice and of the associate justices of the supreme court, and of judges of lower courts shall be fixed by law. during their continuance in office, their salary shall not be decreased. sec 11 the members of the supreme court and judges of lower courts shall hold office during good behavior until they reach the age of seventy years or become incapacitated to discharge the duties of their office. the supreme court en banc shall have the power to discipline judges of lower courts, or order their dismissal by a vote of a majority of the members who actually took part in the deliberations on the issues in the case and voted thereon. sec 12 the members of the supreme court and of other courts established by law shall not be designated to any agency performing quasi-judicial or administrative functions. sec 13 the conclusions of the supreme court in any case submitted to it for decision en banc or in division shall be reached in consultation before the case is assigned to a member for the writing of the opinion of the court. a certification to this effect signed by the chief justice shall be issued and a copy thereof attached to the record of the case and served upon the parties. any member who took no part, or dissented, or abstained from a decision or resolution must state the reason therefor. the same requirements shall be observed by all lower collegiate courts. sec 14 no decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based. no petition for review or motion for reconsideration of a decision of the court shall be refused due course or denied without stating the legal basis therefor. sec 15 all cases or matters filed after the effectivity of this constitution must be decided or resolved within twenty-four months from date of submission for the supreme court, and, unless reduced by the supreme court, twelve months for all lower collegiate courts, and three months for all other lower courts. a case or matter shall be deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by the rules of court or by the court itself. upon the expiration of the corresponding period, a certification to this effect signed by the chief justice or the presiding judge shall forthwith be issued and a copy thereof attached to the record of the case or matter, and served upon the parties. the certification shall state why a decision or resolution has not been rendered or issued within said period. despite the expiration of the applicable mandatory period, the court, without prejudice to such responsibility as may have been incurred in consequence thereof, shall decide or resolve the case or matter submitted thereto for determination, without further delay. sec 16 the supreme court shall, within thirty days from the opening of each regular session of the congress, submit to the president and the congress an annual report on the operations and activities of the judiciary. article ix. constitutional commissions a. common provisions sec 1 the constitutional commissions, which shall be independent, are the civil service commission, the commission on elections, and the commission on audit. sec 2 no member of a constitutional commission shall, during his tenure, hold any other office or employment. neither shall he engage in the practice of any profession or in the active management or control of any business which in any way may be affected by the functions of his office, nor shall he be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by the government, any of its subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations or their subsidiaries. sec 3 the salary of the chairman and the commissioners shall be fixed by law and shall not be decreased during their tenure. sec 4 the constitutional commissions shall appoint their officials and employees in accordance with law. sec 5 the commission shall enjoy fiscal autonomy. their approved annual appropriations shall be automatically and regularly released. sec 6 each commission en banc may promulgate its own rules concerning pleadings and practice before it or before any of its offices. such rules however shall not diminish, increase, or modify substantive rights. sec 7 each commission shall decide by a majority vote of all its members any case or matter brought before it within sixty days from the date of its submission for decision or resolution. a case or matter is deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by the rules of the commission or by the commission itself. unless otherwise provided by this constitution or by law, any decision, order, or ruling of each commission may be brought to the supreme court on certiorari by the aggrieved party within thirty days from receipt of a copy thereof. sec 8 each commission shall perform such other functions as may be provided by law. b. the civil service commission sec 1 the civil service shall be administered by the civil service commission composed of a chairman and two commissioners who shall be natural-born citizens of the philippines and, at the time of their appointment, at least thirty-five years of age, with proven capacity for public administration, and must not have been candidates for any elective position in the elections immediately preceding their appointment. the chairman and the commissioners shall be appointed by the president with the consent of the commission on appointments for a term of seven years without reappointment. of those first appointed, the chairman shall hold office for seven years, a commissioner for five years, and another commissioner for three years, without reappointment. appointment to any vacancy shall be only for the unexpired term of the predecessor. in no case shall any member be appointed or designated in a temporary or acting capacity. sec 2 the civil service embraces all branches, subdivisions, instrumentalities, and agencies of the government, including government-owned or controlled corporations with original charters. appointments in the civil service shall be made only according to merit and fitness to be determined, as far as practicable, and, except to positions which are policy determining primarily confidential, or highly technical, by competitive examination. no officer or employee in the civil service shall be removed or suspended except for cause provided by law. no officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or partisan political campaign. the right to self-organization shall not be denied to government employees. temporary employees of the government shall be given such protection as may be provided by law. sec 3 the civil service commission, as the central personnel agency of the government, shall establish a career service and adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service. it shall strengthen the merit and rewards system, integrate all human resources development programs for all levels and ranks, and institutionalize a management climate conductive to public accountability. it shall submit to the president and the congress an annual report on its personnel programs. sec 4 all public officers and employees shall take an oath or affirmation to uphold and defend this constitution. sec 5 the congress shall provide for the standardization of compensation of government officials and employees, including those in government-owned or controlled corporations with original charters, taking into account the nature of the responsibilities pertaining to, and the qualifications required for their positions. sec 6 no candidate who has lost in any election shall, within one year after such election, be appointed to any office in the government or any government-owned or controlled corporations or in any of their subsidiaries. sec 7 no elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure. unless otherwise allowed by law or by the primary functions of his position, no appointive official shall hold any other office or employment in the government or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries. sec 8 no elective or appointive public officer or employee shall receive additional, double, or indirect compensation, unless specifically authorized by law, nor accept without the consent of the congress, any present, emolument, office, or title of any kind from any foreign government. pensions or gratuities shall not be considered as additional, double, or indirect compensation. c. the commission on elections sec 1 there shall be a commission on elections composed of a chairman and six commissioners who shall be natural-born citizens of the philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any elective position in the immediately preceding elections. however, a majority thereof, including the chairman, shall be members of the philippine bar who have been engaged in the practice of law for at least ten years. the chairman and the commissioners shall be appointed by the president with the consent of the commission on appointments for a term of seven years without reappointment. of those first appointed, three members shall hold office for seven years, two members for five years, and the last members for three years, without reappointment. appointment to any vacancy shall be only for the unexpired term of the predecessor. in no case shall any member be appointed or designated in a temporary or acting capacity. sec 2 the commission on elections shall exercise the following powers and functions: enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall. exercise exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective regional, provincial, and city officials and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction. decisions, final orders, or rulings of the commission on election contests involving elective municipal and barangay offices shall be final, executory, and not appealable. decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters. deputize, with the concurrence of the president, law enforcement agencies and instrumentalities of the government, including the armed forces of the philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections. register, after sufficient publication, political parties, organizations, or coalitions which, in addition to other requirements, must present their platform or program of government; and accredit citizens' arms of the commission on elections. religious denominations and sects shall not be registered. those which seek to achieve their goals through violence or unlawful means, or refuse to uphold and adhere to this constitution, or which are supported by any foreign government shall likewise be refused registration. financial contributions from foreign governments and their agencies to political parties, organizations, coalitions, or candidates related to elections constitute interference in national affairs and, when accepted, shall be an additional ground for the cancellation of their registration with the commission, in addition to other penalties that may be prescribed by law. file, upon a verified complaint, or on its own initiative, petitions in court for inclusion or exclusion of voters; investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting election frauds, offenses, and malpractices. recommend to the congress effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies. recommend to the president the removal of any officer or employee it has deputized, or the imposition of any other disciplinary action, for violation or disregard of, or disobedience to its directive, order, or decision. submit to the president and the congress a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall. sec 3 the commission on elections may sit en banc or in two divisions, and shall promulgate its rules of procedure in order to expedite disposition of election cases, including pre-proclamation controversies. all such election cases shall be heard and decided in division, provided that motions for reconsideration of decisions shall be decided by the commission en banc. sec 4 the commission may, during the election period, supervise or regulate the enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities, media of communication or information, all grants, special privileges, or concessions granted by the government or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporation or its subsidiary. such supervision or regulation shall aim to ensure equal opportunity, time, and space, and the right to reply, including reasonable, equal rates therefor, for public information campaigns and forums among candidates in connection with the objective of holding free, orderly, honest, peaceful, and credible elections. sec 5 no pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules, and regulations shall be granted by the president without the favorable recommendation of the commission. sec 6 a free and open party system shall be allowed to evolve according to the free choice of the people, subject to the provisions of this article. sec 7 no votes cast in favor of a political party, organization, or coalition shall be valid, except for those registered under the party-list system as provided in this constitution. sec 8 political parties, or organizations or coalitions registered under the party-list system, shall not be represented in the voters' registration boards, boards of election inspectors, boards of canvassers, or other similar bodies. however, they shall be entitled to appoint poll watchers in accordance with law. sec 9 unless otherwise fixed by the commission in special cases, the election period shall commence ninety days before the day of election and shall end thirty days thereafter. sec 10 bona fide candidates for any public office shall be free from any form of harassment and discrimination. sec 11 funds certified by the commission as necessary to defray the expenses for holding regular and special elections, plebiscites, initiatives, referenda, and recalls, shall be provided in the regular or special appropriations and, once approved, shall be released automatically upon certification by the chairman of the commission. d. the commission on audit sec 1 there shall be a commission on audit composed of a chairman and two commissioners, who shall be natural-born citizens of the philippines and, at the time of their appointment, at least thirty-five years of age, certified public accountants with not less than ten years of auditing experience, or members of the philippine bar who have been engaged in the practice of law for at least ten years, and must not have been candidates for any elective position in the elections immediately preceding their appointment. at no time shall all members of the commission belong to the same profession. the chairman and the commissioners shall be appointed by the president with the consent of the commission on appointments for a term of seven years without reappointment. of those first appointed, the chairman shall hold office for seven years, one commissioner for five years, and the other commissioner for three years, without reappointment. appointment to any vacancy shall be only for the unexpired portion of the term of the predecessor. in no case shall any member be appointed or designated in a temporary or acting capacity. sec 2 the commission on audit shall have the power, authority, and duty to examine, audit, and settle all accounts pertaining to the revenue and receipts of, and expenditures or uses of funds and property, owned or held in trust by, or pertaining to, the government, or any of its subdivisions, agencies, or instrumentalities, including government-owned and controlled corporations with original charters, and on a post audit basis constitutional bodies, commissions and offices that have been granted fiscal autonomy under this constitution; autonomous state colleges and universities; other government-owned owned or controlled corporations and their subsidiaries; and such non-governmental entities receiving subsidy or equity, directly or indirectly, from or through the government, which are required by law or the granting institution to submit to such audit as a condition of subsidy or equity. however, where the internal control system of the audited agencies is inadequate, the commission may adopt such measures, including temporary or special pre-audit, as are necessary and appropriate to correct the deficiencies. it shall keep the general accounts of the government and, for such period as may be provided by law, preserve the vouchers and other supporting papers pertaining thereto. the commission shall have exclusive authority, subject to the limitations in this article, to define the scope of its audit and examination, establish the techniques and methods required therefor, and promulgate accounting and auditing rules, and regulations including those for the prevention and disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable expenditures, or uses of government funds and properties. sec 3 no law shall be passed exempting any entity of the government or its subsidiary in any guise whatever, or any investment of public funds, from the jurisdiction of the commission on audit. sec 4 the commission shall submit to the president and the congress, within the time fixed by law, an annual report covering the financial condition and operation of the government, its subdivisions, agencies, and instrumentalities, including government owned or controlled corporations, and non-governmental entities subject to its audit, and recommend measures necessary to improve their effectiveness and efficiency. it shall submit such other reports as may be required by law. article x. local government general provisions sec 1 the territorial and political subdivisions of the republic of the philippines are the provinces, cities, municipalities, and barangays. there shall be autonomous regions in muslim mindanao and the cordilleras as hereinafter provided. sec 2 the territorial and political subdivisions shall enjoy local autonomy. sec 3 the congress shall enact a local government code which shall provide for a more responsive and accountable local government structure instituted through a system of decentralization with effective mechanisms of recall, initiative, and referendum, allocate among the different local government units their powers, responsibilities, and resources, and provide for the qualifications, election, appointment and removal, term, salaries, powers and functions and duties of local officials, and all other matters relating to the organization and operation of the local units. sec 4 the president of the philippines shall exercise general supervision over local governments. provinces with respect to component cities and municipalities, and cities and municipalities with respect to component barangays shall ensure that the acts of their component units are within the scope of their prescribed powers and functions. sec 5 each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees, and charges subject to such guidelines and limitations as the congress may provide, consistent with the basic policy of local autonomy. such taxes, fees, and charges shall accrue exclusively to the local governments. sec 6 local government units shall have a just share, as determined by law, in the national taxes which shall be automatically released to them. sec 7 local governments shall be entitled to an equitable share in the proceeds of the utilization and development of the national wealth within their respective areas, in the manner provided by law, including sharing the same with the inhabitants by way of direct benefits. sec 8 the term of office of elective local officials, except barangay officials, which shall be determined by law, shall be three years and no such official shall serve for more than three consecutive terms. voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. sec 9 legislative bodies of local governments shall have sectoral representation as may be prescribed by law. sec 10 no province, city, municipality, or barangay may be created, divided, merged, abolished, or its boundary substantially altered, except in accordance with the criteria established in the local government code and subject to approval by a majority of the votes cast in a plebiscite in the political units directly affected. sec 11 the congress may, by law, create special metropolitan political subdivisions, subject to a plebiscite as set forth in section 10 hereof. the component cities and municipalities shall retain their basic autonomy and shall be entitled to their own local executives and legislative assemblies. the jurisdiction of the metropolitan authority that will thereby be created shall be limited to basic services requiring coordination. sec 12 cities that are highly urbanized, as determined by law, and component cities whose charters prohibit their voters from voting for provincial elective officials, shall be independent of the province. the voters of component cities within a province, whose charters contain no such prohibition, shall not be deprived of their right to vote for elective provincial officials. sec 13 local government units may group themselves, consolidate or coordinate their efforts, services, and resources for purposes commonly beneficial to them in accordance with law. sec 14 the president shall provide for regional development councils or other similar bodies composed of local government officials, regional heads of departments and other government offices, and representatives from non-governmental organizations within the regions for purposes of administrative decentralization to strengthen the autonomy of the units therein and to accelerate the economic and social growth and development of the units in the region. autonomous regions sec 15 there shall be created autonomous regions in muslim mindanao and in the cordilleras consisting of provinces, cities, municipalities, and geographical areas sharing common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristics within the framework of this constitution and the national sovereignty as well as territorial integrity of the republic of the philippines. sec 16 the president shall exercise general supervision over autonomous regions to ensure that laws are faithfully executed. sec 17 all powers, functions, and responsibilities not granted by this constitution or by law to the autonomous regions shall be vested in the national government. sec 18 the congress shall enact an organic act for each autonomous region with the assistance and participation of the regional consultative commission composed of representatives appointed by the president from a list of nominees from multisectoral bodies. the organic act shall define the basic structure of government for the region consisting of the executive department and legislative assembly, both of which shall be elective and representative of the constituent political units. the organic acts shall likewise provide for special courts with personal, family, and property law jurisdiction consistent with the provisions of this constitution and national laws. the creation of the autonomous region shall be effective when approved by majority of the votes cast by the constituent units in a plebiscite called for the purpose, provided that only provinces, cities, and geographic areas voting favorably in such plebiscite shall be included in the autonomous region. sec 19 the first congress elected under this constitution shall, within eighteen months from the time of organization of both houses, pass the organic acts for the autonomous regions in muslim mindanao and the cordilleras. sec 20 within its territorial jurisdiction and subject to the provisions of this constitution and national laws, the organic act of autonomous regions shall provide for legislative powers over: administrative organization; creation of sources of revenues: ancestral domain and natural resources: personal, family, and property relations; regional urban and rural planning development; economic, social, and tourism development; educational policies; preservation and development of the cultural heritage; and such other matters as may be authorized by law for the promotion of the general welfare of the people of the region. sec 21 the preservation of peace and order within the regions shall be the responsibility of the local police agencies which shall be organized, maintained, supervised, and utilized in accordance with applicable laws. the defense and security of the regions shall be the responsibility of the national government. article xi. accountability of public officers sec 1 public office is a public trust. public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives. sec 2 the president, the vice-president, the members of the supreme court, the members of the constitutional commissions, and the ombudsman may be removed from office, on impeachment for, and conviction of, culpable violation of the constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. all other public officers and employees may be removed from office as provided by law, but not by impeachment. sec 3 the house of representatives shall have the exclusive power to initiate all cases of impeachment. a verified compliant for impeachment may be filed by any member of the house of representatives or by any citizen upon a resolution of endorsement by any member thereof, which shall be included in the order of business within ten session days, and referred to the proper committee within three session days thereafter. the committee, after hearing, and by a majority vote of all its members, shall submit its report to the house within sixty session days from such referral, together with the corresponding resolution. the resolution shall be calendared for consideration by the house within ten session days from receipt thereof. a vote of at least one-third of all the members of the house shall be necessary either to affirm a favorable resolution with the articles of impeachment of the committee, or override its contrary resolution. the vote of each member shall be recorded. in case the verified compliant or resolution of impeachment is filed by at least one third of all the members of the house, the same shall constitute the articles of impeachment, and trial by the senate shall forthwith proceed. no impeachment proceedings shall be initiated against the same official more than once within a period of one year. the senate shall have the sole power to try and decide all cases of impeachment. when sitting for that purpose, the senators shall be on oath or affirmation. when the president of the philippines is on trial, the chief justice of the supreme court shall preside, but shall not vote. no person shall be convicted without the concurrence of two-thirds of all the members of the senate. judgment in cases of impeachment shall not extend further than removal from office and disqualification to hold any office under the republic of the philippines, but the party convicted shall nevertheless be liable and subject to prosecution, trial, and punishment according to law. the congress shall promulgate its rules on impeachment to effectively carry out the purpose of this section. sec 4 the present anti-graft court known as the sandiganbayan shall continue to function and exercise its jurisdiction as now or hereafter may be provided by law. sec 5 there is hereby created the independent office of the ombudsman, composed of the ombudsman to be known as tanodbayan, one overall deputy and at least one deputy each for luzon, visayas, and mindanao. a separate deputy for the military establishment may likewise be appointed. sec 6 the officials and employees of the office of the ombudsman, other than the deputies, shall be appointed by the ombudsman according to the civil service law. sec 7 the existing tanodbayan shall hereafter be known as the office of the special prosecutor. it shall continue to function and exercise its powers as now or hereafter may be provided by law, except those conferred on the office of the ombudsman created under this constitution. sec 8 the ombudsman and his deputies shall be natural-born citizens of the philippines, and at the time of their appointment, at least forty years old, of recognized probity and independence, and members of the philippine bar, and must not have been candidates for any elective office in the immediately preceding election. the ombudsman must have for ten years or more been a judge or engaged in the practice of law in the philippines. during their tenure, they shall be subject to the same disqualifications and prohibitions as provided for in section 2 of article ix-a of this constitution. sec 9 the ombudsman and his deputies shall be appointed by the president from a list of at least six nominees prepared by the judicial and bar council, and from a list of three nominees for every vacancy thereafter. such appointments shall require no confirmation. all vacancies shall be filled within three months after they occur. sec 10 the ombudsman and his deputies shall have the rank of chairman and members, respectively, of the constitutional commissions, and they shall receive the same salary, which shall not be decreased during their term of office. sec 11 the ombudsman and his deputies shall serve for a term of seven years without reappointment. they shall not be qualified to run for any office in the election immediately succeeding their cessation from office. sec 12 the ombudsman and his deputies, as protectors of the people, shall act promptly on complaints filed in any form or manner against public officials or employees of the government, or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations, and shall, in appropriate cases, notify the complainants of the action taken and the result thereof. sec 13 the office of the ombudsman shall have the following powers, functions, and duties. investigate on its own, or on complaint by any person, any act or omission of any public official, employee, office or agency, when such act or omission appears to be illegal, unjust, improper, or inefficient. direct, upon complaint or at its own instance, any public official or employee of the government, or any subdivision, agency or instrumentality thereof, as well as of any government-owned or controlled corporation with original charter, to perform and expedite any act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties. direct the officer concerned to take appropriate action against a public official or employee at fault, and recommend his removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith. direct the officer concerned, in any appropriate case, and subject to such limitations as may be provided by law, to furnish it with copies of documents relating to contracts or transactions entered into by his office involving the disbursement or use of public funds or properties, and report any irregularity to the commission on audit for appropriate action. request any government agency for assistance and information necessary in the discharge of its responsibilities, and to examine, if necessary, pertinent records and documents. publicize matters covered by its investigation when circumstances so warrant and with due prudence. determine the causes of inefficiency, red tape, mismanagment, fraud, and corruption in the government and make recommendations for their elimination and the observance of high standards of ethics and efficiency. promulgate its rules of procedure and exercise such other powers or perform such functions or duties as may be provided by law. sec 14 the office of the ombudsman shall enjoy fiscal autonomy. its approved annual appropriations shall be automatically and regularly released. sec 15 the right of the state to recover properties unlawfully acquired by public officials or employees, from them or from their nominees or transferees, shall not be barred by prescription, laches, or estoppel. sec 16 no loan, guaranty, or other form of financial accommodation for any business purpose may be granted, directly or indirectly, by any government-owned or controlled bank or financial institution to the president, the vice-president, the members of the cabinet, the congress, the supreme court, and the constitutional commissions, the ombudsman, or to any firm or entity in which they have controlling interest, during their tenure. sec 17 a public officer or employee shall, upon assumption of office and as often thereafter as may be required by law, submit a declaration under oath of his assets, liabilities, and net worth. in the case of the president, the vice-president, the members of the cabinet, the congress, the supreme court, the constitutional commissions and other constitutional offices, and officers of the armed forces with general or flag rank, the declaration shall be disclosed to the public in the manner provided by law. sec 18 public officers and employees owe the state and this constitution allegiance at all times, and any public officer or employee who seeks to change his citizenship or acquire the status of an immigrant of another country during his tenure shall be dealt with by law. article xii. national economy and patrimony sec 1 the goals of the national economy are a more equitable distribution of opportunities, income, and wealth; a sustained increase in the amount of goods and services produced by the nation for the benefit of the people; and an expanding productivity as the key to raising the quality of life for all, especially the underprivileged. the state shall promote industrialization and full employment based on sound agricultural development and agrarian reform, through industries that make full and efficient use of human and natural resources, and which are competitive in both domestic and foreign markets. however, the state shall protect filipino enterprises against unfair foreign competition and trade practices. in the pursuit of these goals, all sectors of the economy and all regions of the country shall be given optimum opportunity to develop. private enterprises, including corporations, cooperatives, and similar collective organizations, shall be encouraged to broaden the base of their ownership. sec 2 all lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the state. with the exception of agricultural lands, all other natural resources shall not be alienated. the exploration, development, and utilization of natural resources shall be under the full control and supervision of the state. the state may directly undertake such activities, or it may enter into co-production, joint venture, or production-sharing agreements with filipino citizens, or corporations or associations at least sixty per centum of whose capital is owned by such citizens. such agreements may be for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and under such terms and conditions as may be provided by law. in cases of water rights for irrigation, water supply, fisheries, or industrial uses other than the development of water power, beneficial use may be the measure and limit of the grant. the state shall protect the nation's marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to filipino citizens. the congress may, by law, allow small-scale utilization of natural resources by filipino citizens, as well as cooperative fish farming, with priority to subsistence fishermen and fish-workers in rivers, lakes, bays, and lagoons. the president may enter into agreements with foreign-owned corporations involving either technical or financial assistance for large-scale exploration, development, and utilization of minerals, petroleum, and other mineral oils according to the general terms and conditions provided by law, based on real contributions to the economic growth and general welfare of the country. in such agreements, the state shall promote the development and use of local scientific and technical resources. the president shall notify the congress of every contract entered into in accordance with this provision, within thirty days from its execution. sec 3 lands of the public domain are classified into agricultural, forest or timber, mineral lands, and national parks. agricultural lands of the public domain may be further classified by law according to the uses to which they may be devoted. alienable lands of the public domain shall be limited to agricultural lands. private corporations or associations may not hold such alienable lands of the public domain except by lease, for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and not to exceed one thousand hectares in area. citizens of the philippines may lease not more than five hundred hectares, or acquire not more than twelve hectares thereof by purchase, homestead, or grant. taking into account the requirements of conservation, ecology, and development, and subject to the requirements of agrarian reform, the congress shall determine, by law, the size of lands of the public domain which may be acquired, developed, held, or leased and the conditions therefor. sec 4 the congress shall, as soon as possible, determine by law the specific limits of forest lands and national parks, marking clearly their boundaries on the ground. thereafter, such forest lands and national parks shall be conserved and may not be increased nor diminished, except by law. the congress shall provide, for such period as it may determine, measures to prohibit logging in endangered forests and watershed areas. sec 5 the state, subject to the provisions of this constitution and national development policies and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well-being. the congress may provide for the applicability of customary laws governing property rights or relations in determining the ownership and extent of ancestral domain. sec 6 the use of property bears a social function, and all economic agents shall contribute to the common good. individuals and private groups, including corporations, cooperatives, and similar collective organizations, shall have the right to own, establish, and operate economic enterprises, subject to the duty of the state to promote distributive justice and to intervene when the common good so demands. sec 7 save in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain. sec 8 notwithstanding the provisions of section 7 of this article, a natural-born citizen of the philippines who has lost his philippine citizenship may be a transferee of private lands, subject to limitations provided by law. sec 9 the congress may establish an independent economic and planning agency headed by the president, which shall, after consultations with the appropriate public agencies, various private sectors, and local government units, recommend to congress, and implement continuing integrated and coordinated programs and policies for national development. until the congress provides otherwise, the national economic and development authority shall function as the independent planning agency of the government. sec 10 the congress shall, upon recommendation of the economic and planning agency, when the national interest dictates, reserve to citizens of the philippines or to corporations or associations at least sixty per centum of whose capital is owned by such citizens, or such higher percentage as congress may prescribe, certain areas of investments. the congress shall enact measures that will encourage the formation and operation of enterprises whose capital is wholly owned by filipinos. in the grant of rights, privileges, and concessions covering the national economy and patrimony, the state shall give preference to qualified filipinos. the state shall regulate and exercise authority over foreign investments within its national jurisdiction and in accordance with its national goals and priorities. sec 11 no franchise, certificate, or any other form of authorization for the operation of a public utility shall be granted except to citizens of the philippines or to corporations or associations organized under the laws of the philippines at least sixty per centum of whose capital is owned by such citizens, nor shall such franchise, certificate, or authorization be exclusive in character or for a longer period than fifty years. neither shall any such franchise or right be granted except under the condition that it shall be subject to amendment, alteration, or repeal by the congress when the common good so requires. the state shall encourage equity participation in public utilities by the general public. the participation of foreign investors in the governing body of any public utility enterprise shall be limited to their proportionate share in its capital, and all the executive and managing officers of such corporation or association must be citizens of the philippines. sec 12 the state shall promote the preferential use of filipino labor, domestic materials and locally produced goods, and adopt measures that help make them competitive. sec 13 the state shall pursue a trade policy that serves the general welfare and utilizes all forms and arrangements of exchange on the basis of equality and reciprocity. sec 14 the sustained development of a reservoir of national talents consisting of filipino scientists, entrepreneurs, professionals, managers, high-level technical manpower and skilled workers and craftsmen in all fields shall be promoted by the state. the state shall encourage appropriate technology and regulate its transfer for the national benefit. the practice of all professions in the philippines shall be limited to filipino citizens, save in cases prescribed by law. sec 15 the congress shall create an agency to promote the viability and growth of cooperatives as instruments for social justice and economic development. sec 16 the congress shall not, except by general law, provide for the formation, organization, or regulation of private corporations. government-owned or controlled corporations may be created or established by special charters in the interest of the common good and subject to the test of economic viability. sec 17 in times of national emergency, when the public interest so requires, the state may, during the emergency and under reasonable terms prescribed by it, temporarily take over or direct the operation of any privately owned public utility or business affected with public interest. sec 18 the state may, in the interest of national welfare or defense, establish and operate vital industries and, upon payment of just compensation, transfer to public ownership utilities and other private enterprises to be operated by the government. sec 19 the state shall regulate or prohibit monopolies when the public interest so requires. no combinations in restraint of trade or unfair competition shall be allowed. sec 20 the congress shall establish an independent central monetary authority, the members of whose governing board must be natural-born filipino citizens, of known probity, integrity, and patriotism, the majority of whom shall come from the private sector. they shall also be subject to such other qualifications and disabilities as may be prescribed by law. the authority shall provide policy direction in the areas of money, banking, and credit. it shall have supervision over the operations of banks and exercise such regulatory powers as may be provided by law over the operations of finance companies and other institutions performing similar functions. until the congress otherwise provides, the central bank of the philippines, operating under existing laws, shall function as the central monetary authority. sec 21 foreign loans may only be incurred in accordance with law and the regulation of the monetary authority. information on foreign loans obtained or guaranteed by the government shall be made available to the public. sec 22 acts which circumvent or negate any of the provisions of this article shall be considered inimical to the national interest and subject to criminal and civil sanctions, as may be provided by law. article xiii. social justice and human rights sec 1 the congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good. to this end, the state shall regulate the acquisition, ownership, use, and disposition of property and its increments. sec 2 the promotion of social justice shall include the commitment to create economic opportunities based on freedom of initiative and self-reliance. labor sec 3 the state shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all. it shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. they shall be entitled to security of tenure, humane conditions of work, and a living wage. they shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law. the state shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace. the state shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns on investments, and to expansion and growth. agrarian and natural resources reform sec 4 the state shall, by law, undertake an agrarian reform program founded on the right of farmers and regular farmworkers, who are landless, to own directly or collectively the lands they till or, in the case of other farmworkers, to receive a just share of the fruits thereof. to this end, the state shall encourage and undertake the just distribution of all agricultural lands, subject to such priorities and reasonable retention limits as the congress may prescribe, taking into account ecological, developmental, or equity considerations, and subject to the payment of just compensation. in determining retention limits, the state shall respect the rights of small landowners. the state shall further provide incentives for voluntary land-sharing. sec 5 the state shall recognize the right of farmers, farmworkers, and landowners, as well as cooperatives, and other independent farmers' organizations to participate in the planning, organization, and management of the program, and shall provide support to agriculture through appropriate technology and research, and adequate financial, production, marketing, and other support services. sec 6 the state shall apply the principles of agrarian reform or stewardship, whenever applicable in accordance with law, in the disposition or utilization of other natural resources, including lands of the public domain under lease or concession suitable to agriculture, subject to prior rights, homestead rights of small settlers, and the rights of indigenous communities to their ancestral lands. the state may resettle landless farmers and farmworkers in its own agricultural estates which shall be distributed to them in the manner provided by law. sec 7 the state shall protect the rights of subsistence fishermen, especially of local communities, to the preferential use of the communal marine and fishing resources, both inland and offshore. it shall provide support to such fishermen through appropriate technology and research, adequate financial, production, and marketing assistance, and other services. the state shall also protect, develop, and conserve such resources. the protection shall extend to offshore fishing grounds of subsistence fishermen against foreign intrusion. fishworkers shall receive a just share from their labor in the utilization of marine and fishing resources. sec 8 the state shall provide incentives to landowners to invest the proceeds of the agrarian reform program to promote industrialization, employment creation, and privatization of public sector enterprises. financial instruments used as payment for their lands shall be honored as equity in enterprises of their choice. urban land reform and housing sec 9 the state shall, by law, and for the common good, undertake, in cooperation with the private sector, a continuing program of urban land reform and housing which will make available at affordable cost decent housing and basic services to underprivileged and homeless citizens in urban centers and resettlement areas. it shall also promote adequate employment opportunities to such citizens. in the implementation of such program the state shall respect the rights of small property owners. sec 10 urban or rural poor dwellers shall not be evicted nor their dwelling demolished, except in accordance with law and in a just and humane manner. no resettlement of urban or rural dwellers shall be undertaken without adequate consultation with them and the communities where they are to be relocated. health sec 11 the state shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all the people at affordable cost. there shall be priority for the needs of the underprivileged sick, elderly, disabled, women, and children. the state shall endeavor to provide free medical care to paupers. sec 12 the state shall establish and maintain an effective food and drug regulatory system and undertake appropriate health manpower development and research, responsive to the country's health needs and problems. sec 13 the state shall establish a special agency for disabled persons for their rehabilitation, self-development and self-reliance, and their integration into the mainstream of society. women sec 14 the state shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation. role and rights of peoples organizations sec 15 the state shall respect the role of independent people's organizations to enable the people to pursue and protect, within the democratic framework, their legitimate and collective interests and aspirations through peaceful and lawful means. people's organizations are bona fide associations of citizens with demonstrated capacity to promote the public interest and with identifiable leadership, membership, and structure. sec 16 the right of the people and their organizations to effective and reasonable participation at all levels of social, political, and economic decision-making shall not be abridged. the state shall, by law, facilitate the establishment of adequate consultation mechanisms. human rights sec 17 there is hereby created an independent office called the commission on human rights. the commission shall be composed of a chairman and four members who must be natural-born citizens of the philippines and a majority of whom shall be members of the bar. the term of office and other qualifications and disabilities of the members of the commission shall be provided by law. until this commission is constituted, the existing presidential committee on human rights shall continue to exercise its present functions and powers. the approved annual appropriations of the commission shall be automatically and regularly released. sec 18 the commission on human rights shall have the following powers and functions. investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political rights; adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in accordance with the rules of court; provide appropriate legal measures for the protection of human rights of all persons within the philippines, as well as filipinos residing abroad, and provide for preventive measures and legal aid services to the underprivileged whose human rights have been violated or need protection; exercise visitatorial powers over jails, prisons, or detention facilities. establish a continuing program of research, education, and information to enhance respect for the primacy of human rights. recommend to the congress effective measures to promote human rights and to provide for compensation to victims of violations of human rights, or their families, monitor the philippine government's compliance with international treaty obligations on human rights, grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidence is necessary or convenient to determine the truth in any investigation conducted by it or under its authority. request the assistance of any department, bureau, office, or agency in the performance of its functions, appoint its officers and employees in accordance with law; and perform such other duties and functions as may be provided by law. sec 19 the congress may provide for other cases of violations of human rights that should fall within the authority of the commission, taking into account its recommendations. article xiv. education, science and technology, arts, culture, and sports education sec 1 the state shall protect and promote the right of all citizens to quality education at all levels and shall take appropriate steps to make such education accessible to all. sec 2 the state shall. establish, maintain, and support a complete, adequate, and integrated system of education relevant to the needs of the people and society, establish and maintain a system of free public education in the elementary and high school levels. without limiting the natural right of parents to rear their children, elementary education is compulsory for all children of school age. establish and maintain a system of scholarship grants, student loan programs, subsidies, and other incentives which shall be available to deserving students in both public and private schools, especially to the underprivileged, encourage non-formal, informal, and indigenous learning systems, as well as self-learning, independent, and out-of-school study programs particularly those that respond to community needs; and provide adult citizens, the disabled, and out-of-school youth with training in civics, vocational efficiency, and other skills. sec 3 all educational institutions shall include the study of the constitution as part of the curricula. they shall inculcate patriotism and nationalism, foster love of humanity, respect for human rights, appreciation of the role of national heroes in the historical development of the country, teach the rights and duties of citizenship, strengthen ethical and spiritual values, develop moral character and personal discipline, encourage critical and creative thinking, broaden scientific and technological knowledge, and promote vocational efficiency. at the option expressed in writing by the parents or guardians, religion shall be allowed to be taught to their children or wards in public elementary and high schools within the regular class hours by instructors designated or approved by the religious authorities of the religion to which the children or wards belong, without additional cost to the government. sec 4 the state recognizes the complementary roles of public and private institutions in the educational system and shall exercise reasonable supervision and regulation of all educational institutions educational institutions, other than those established by religious groups and mission boards, shall be owned solely by citizens of the philippines or corporations or associations at least sixty per centum of the capital of which is owned by such citizens. the congress may, however, require increased filipino equity participation in all educational institutions. the control and administration of educational institutions shall be vested in citizens of the philippines. no educational institution shall be established exclusively for aliens and no group of aliens shall comprise more than one-third of the enrollment in any school. the provisions of this subsection shall not apply to schools established for foreign diplomatic personnel and their dependents and, unless otherwise provided by law, for other foreign temporary residents. all revenues and assets of non-stock, non-profit educational institutions used actually, directly, and exclusively for educational purposes shall be exempt from taxes and duties. upon the dissolution or cessation of the corporate existence of such institutions, their assets shall be disposed of in the manner provided by law. proprietary educational institutions, including those cooperatively owned, may likewise be entitled to such exemptions subject to the limitations provided by law including restrictions on dividends and provisions for reinvestment. subject to conditions prescribed by law, all grants, endowments, donations, or contributions used actually, directly, and exclusively for educational purposes shall be exempt from tax. sec 5 the state shall take into account regional and sectoral needs and conditions and shall encourage local planning in the development of educational policies and programs. academic freedom shall be enjoyed in all institutions of higher learning. every citizen has a right to select a profession or course of study, subject to fair, reasonable, and equitable admission and academic requirements. the state shall enhance the right of teachers to professional advancement. nonteaching academic and non-academic personnel shall enjoy the protection of the state. the state shall assign the highest budgetary priority to education and ensure that teaching will attract and retain its rightful share of the best available talents through adequate remuneration and other means of job satisfaction and fulfillment. language sec 6 the national language of the philippines is filipino. as it evolves, it shall be further developed and enriched on the basis of existing philippine and other languages. subject to provisions of law and as the congress may deem appropriate, the government shall take steps to initiate and sustain the use of filipino as a medium of official communication and as language of instruction in the educational system. sec 7 for purposes of communication and instruction, the official languages of the philippines are filipino and, until otherwise provided by law, english. the regional languages are the auxiliary official languages in the regions and shall serve as auxiliary media of instruction therein. spanish and arabic shall be promoted on a voluntary and optional basis. sec 8 this constitution shall be promulgated in filipino and english and shall be translated into major regional languages, arabic, and spanish. sec 9 the congress shall establish a national language commission composed of representatives of various regions and disciplines which shall undertake, coordinate, and promote researches for the development, propagation, and preservation of filipino and other languages. science and technology sec 10 science and technology are essential for national development and progress. the state shall give priority to research and development, invention, innovation, and their utilization; and to science and technology education, training, and services. it shall support indigenous, appropriate, and self-reliant scientific and technological capabilities, and their application to the country's productive systems and national life. sec 11 the congress may provide for incentives, including tax deductions, to encourage private participation in programs of basic and applied scientific research. scholarships, grants-in-aid, or other forms of incentives shall be provided to deserving science students, researchers, scientists, inventors, technologists, and specially gifted citizens. sec 12 the state shall regulate the transfer and promote the adaptation of technology from all sources for the national benefit. it shall encourage the widest participation of private groups, local governments, and community-based organizations in the generation and utilization of science and technology. sec 13 the state shall protect and secure the exclusive rights of scientists, inventors, artists, and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such period as may be provided by law. arts and culture sec 14 the state shall foster the preservation, enrichment, and dynamic evolution of a filipino national culture based on the principle of unity in diversity in a climate of free artistic and intellectual expression. sec 15 arts and letters shall enjoy the patronage of the state. the state shall conserve, promote, and popularize the nation's historical and cultural heritage and resources, as well as artistic creations. sec 16 all the country's artistic and historic wealth constitutes the cultural treasure of the nation and shall be under the protection of the state which may regulate its disposition. sec 17 the state shall recognize, respect, and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. it shall consider these rights in the formulation of national plans and policies. sec 18 the state shall ensure equal access to cultural opportunities through the educational system, public or private cultural entities, scholarships, grants and other incentives, and community cultural centers, and other public venues. the state shall encourage and support researches and studies on the arts and culture. sports sec 19 the state shall promote physical education and encourage sports programs, league competitions, and amateur sports, including training for international competitions, to foster self-discipline, teamwork, and excellence for the development of a healthy and alert citizenry. all educational institutions shall undertake regular sports activities throughout the country in cooperation with athletic clubs and other sectors. article xv. the family sec 1 the state recognizes the filipino family as the foundation of the nation. accordingly, it shall strengthen its solidarity and actively promote its total development. sec 2 marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the state. sec 3 the state shall defend: the right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood. the right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development; the right of the family to a family living wage and income; and the right of families or family associations to participate in the planning and implementation of policies and programs that affect them. sec 4 the family has the duty to care for its elderly members but the state may also do so through just programs of social security. article xvi. general provisions sec 1 the flag of the philippines shall be red, white, and blue, with a sun and three stars, as consecrated and honored by the people and recognized by law. sec 2 the congress may, by law, adopt a new name for the country, a national anthem, or a national seal, which shall all be truly reflective and symbolic of the ideals, history, and traditions of the people. such law shall take effect only upon its ratification by the people in a national referendum. sec 3 the state may not be sued without its consent. sec 4 the armed forces of the philippines shall be composed of a citizen armed force which shall undergo military training and serve, as may be provided by law. it shall keep a regular force necessary for the security of the state. sec 5 all members of the armed forces shall take an oath or affirmation to uphold and defend this constitution. the state shall strengthen the patriotic spirit and nationalist consciousness of the military, and respect for people's rights in the performance of their duty. professionalism in the armed forces and adequate remuneration and benefits of its members shall be a prime concern of the state. the armed forces shall be insulated from partisan politics. no member of the military shall engage directly or indirectly in any partisan political activity, except to vote. no member of the armed forces in the active service shall, at any time, be appointed or designated in any capacity to a civilian position in the government including government-owned or controlled corporations or any of their subsidiaries. laws on retirement of military officers shall not allow extension of their service. the officers and men of the regular force of the armed forces shall be recruited proportionately from all provinces and cities as far as practicable. the tour of duty of the chief of staff of the armed forces shall not exceed three years. however, in times of war or other national emergency declared by the congress, the president may extend such tour of duty. sec 6 the state shall establish and maintain one police force, which shall be national in scope and civilian in character, to be administered and controlled by a national police commission. the authority of local executives over the police units in their jurisdiction shall be provided by law. sec 7 the state shall provide immediate and adequate care, benefits, and other forms of assistance to war veterans and veterans of military campaigns, their surviving spouses and orphans. funds shall be provided therefor and due consideration shall be given them in the disposition of agricultural lands of the public domain and, in appropriate cases, in the utilization of natural resources. sec 8 the state shall, from time to time, review to upgrade the pensions and other benefits due to retirees of both the government and the private sectors. sec 9 the state shall protect consumers from trade malpractices and from substandard or hazardous products. sec 10 the state shall provide the policy environment for the full development of filipino capability and the emergence of communication structures suitable to the needs and aspirations of the nation and the balanced flow of information into, out of, and across the country, in accordance with a policy that respects the freedom of speech and of the press. sec 11 the ownership and management of mass media shall be limited to citizens of the philippines, or to corporations, cooperatives or associations, wholly-owned and managed by such citizens. the congress shall regulate or prohibit monopolies in commercial mass media when the public interest so requires. no combinations in restrains of trade or unfair competition therein shall be allowed. the advertising industry is impressed with public interest, and shall be regulated by law for the protection of consumers and the promotion of the general welfare. only filipino citizens or corporations or associations at least seventy per centum of the capital of which is owned by such citizens shall be allowed to engage in the advertising industry. the participation of foreign investors in the governing body of entities in such industry shall be limited to their proportionate share in the capital thereof, and all the executive and managing officers of such entities must be citizens of the philippines. sec 12 the congress may create a consultative body to advise the president on policies affecting indigenous cultural communities, the majority of the members of which shall come from such communities. article xvii. amendments or revisions sec 1 any amendment to, or revision of, this constitution may be proposed by: the congress, upon a vote of three-fourths of all its members; or a constitutional convention. sec 2 amendments to this constitution may likewise be directly proposed by the people through initiative upon a petition of at least twelve per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters therein. no amendment under this section shall be authorized within five years following the ratification of this constitution nor oftener than once every five years thereafter. the congress shall provide for the implementation of the exercise of this right. sec 3 the congress may, by a vote of two-thirds of all its members, call a constitutional convention, or by a majority vote of all its members, submit to the electorate the question of calling such a convention. sec 4 any amendment to, or revision of, this constitution under section 1 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the approval of such amendment or revision. any amendment under section 2 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the certification by the commission on elections of the sufficiency of the petition. article xviii. transitory provisions sec 1 the first elections of members of the congress under this constitution shall be held on the second monday of may, 1987. the first local elections shall be held on a date to be determined by the president, which may be simultaneous with the election of the members of the congress. it shall include the election of all members of the city or municipal councils in the metropolitan manila area. sec 2 the senators, members of the house of representatives, and the local officials first elected under this constitution shall serve until noon of june 30, 1992. of the senators elected in the election in 1992, the first twelve obtaining the highest number of votes shall serve for six years and the remaining twelve for three years. sec 3 all existing laws, decrees, executive orders, proclamations, letters of instructions, and other executive issuances not inconsistent with this constitution shall remain operative until amended, repealed, or revoked. sec 4 all existing treaties or international agreements which have not been ratified shall not be renewed or extended without the concurrence of at least two-thirds of all the members of the senate. sec 5 the six-year term of the incumbent president and vice-president elected in the february 7, 1986 election is, for purposes of synchronization of elections, hereby extended to noon of june 30, 1992. the first regular elections for the president and vice-president under this constitution shall be held on the second monday of may, 1992. sec 6 the incumbent president shall continue to exercise legislative powers until the first congress is convened. sec 7 until a law is passed, the president may fill by appointment from a list of nominees by the respective sectors the seats reserved for sectoral representation in paragraph (2), section 5 of article vi of this constitution. sec 8 until otherwise provided by the congress, the president may constitute the metropolitan authority to be composed of the heads of all local government units comprising the metropolitan manila area. sec 9 a sub-province shall continue to exist and operate until it is converted into a regular province or until its component municipalities are reverted to the mother province. sec 10 all courts existing at the time of the ratification of this constitution shall continue to exercise their jurisdiction, until otherwise provided by law. the provisions of the existing rules of court, judiciary acts, and procedural laws not inconsistent with this constitution shall remain operative unless amended or repealed by the supreme court or the congress. sec 11 the incumbent members of the judiciary shall continue in office until they reach the age of seventy years or become incapacitated to discharge the duties of their office or are removed for cause. sec 12 the supreme court shall, within one year after the ratification of this constitution, adopt a systematic plan to expedite the decision or resolution of cases or matters pending in the supreme court or the lower courts prior to the effectivity of this constitution. a similar plan shall be adopted for all special courts and quasi-judicial bodies. sec 13 the legal effect of the lapse, before the ratification of this constitution, of the applicable period for the decision or resolution of the cases or matters submitted for adjudication by the courts, shall be determined by the supreme court as soon as practicable. sec 14 the provisions of paragraphs (3) and (4), section 15 of article viii of this constitution shall apply to cases or matters filed before the ratification of this constitution, when the applicable period lapses after such ratification. sec 15 the incumbent members of the civil service commission, the commission on elections, and the commission on audit shall continue in office for one year after the ratification of this constitution, unless they are sooner removed for cause or become incapacitated to discharge the duties of their office or appointed to a new term thereunder. in no case shall any member serve longer than seven years including service before the ratification of this constitution. sec 16 career civil service employees separated from the service not for cause but as a result of the reorganization pursuant to proclamation no. 3 dated march 25, 1986 and the reorganization following the ratification of this constitution shall be entitled to appropriate separation pay and to retirement and other benefits accruing to them under the laws of general application in force at the time of their separation. in lieu thereof, at the option of the employees, they may be considered for employment in the government or in any of its subdivisions, instrumentalities, or agencies, including government-owned or controlled corporations and their subsidiaries. this provision also applies to career officers whose resignation, tendered in line with the existing policy, had been accepted. sec 17 until the congress provides otherwise, the president shall receive an annual salary of three hundred thousand pesos; the vice-president, the president of the senate, the speaker of the house of representatives, and the chief justice of the supreme court, two hundred forty thousand pesos each; the senators, the members of the house of representatives, the associate justices of the supreme court, and the chairman of the constitutional commissions, two hundred four thousand pesos each; and the members of the constitutional commissions, one hundred eighty thousand pesos each. sec 18 at the earliest possible time, the government shall increase the salary scales of the other officials and employees of the national government. sec 19 all properties, records, equipment, buildings, facilities, and other assets of any office or body abolished or reorganized under proclamation no. 3 dated march 25, 1986 or this constitution shall be transferred to the office or body to which its powers, functions, and responsibilities substantially pertain. sec 20 the first congress shall give priority to the determination of the period for the full implementation of free public secondary education. sec 21 the congress shall provide efficacious procedures and adequate remedies for the reversion to the state of all lands of the public domain and real rights connected therewith which were acquired in violation of the constitution or the public land laws, or through corrupt practices. no transfer or disposition of such lands or real rights shall be allowed until after the lapse of one year from the ratification of this constitution. sec 22 at the earliest possible time, the government shall expropriate idle or abandoned agricultural lands as may be defined by law, for distribution to the beneficiaries of the agrarian reform program. sec 23 advertising entities affected by paragraph (2), section 11 of article xvi of this constitution shall have five years from its ratification to comply on a graduated and proportionate basis with the minimum filipino ownership requirement therein. sec 24 private armies and other armed groups not recognized by duly constituted authority shall be dismantled. all paramilitary forces including civilian home defense forces not consistent with the citizen armed force established in this constitution, shall be dissolved or, where appropriate, converted into the regular force. sec 25 after the expiration in 1991 of the agreement between the republic of the philippines and the united states of america concerning military bases, foreign military bases, troops, or facilities shall not be allowed in the philippines except under a treaty duly concurred in by the senate and, when the congress so requires, ratified by a majority of the votes cast by the people in a national referendum held for that purpose, and recognized as a treaty by the other contracting state. sec 26 the authority to issue sequestration or freeze orders under proclamation no. 3 dated march 25, 1986 in relation to the recovery of ill-gotten wealth shall remain operative for not more than eighteen months after the ratification of this constitution. however, in the national interest, as certified by the president, the congress may extend said period. a sequestration or freeze order shall be issued only upon showing of a prima facie case. the order and the list of the sequestered or frozen properties shall forthwith be registered with the proper court. for orders issued before the ratification of this constitution, the corresponding judicial action or proceeding shall be filed within six months from its ratification. for those issued after such ratification, the judicial action or proceeding shall be commenced within six months from the issuance thereof. the sequestration or freeze order is deemed automatically lifted if no judicial action or proceeding is commenced as herein provided. sec 27 this constitution shall take effect immediately upon its ratification by a majority of the votes cast in a plebiscite held for the purpose and shall supersede all previous constitutions. preamble meeting the age-old desires of our people, the armed struggle for national liberation, whose purpose was to liberate the land and man, brought together all the patriotic sectors of mozambican society in the same ideals of freedom, unity, justice and progress. when national independence was won on the 25th of june 1975, the mozambican people were given back their fundamental rights and freedoms. the constitution of 1990 introduced the democratic rule of law, based on the separation and interdependence of powers and on pluralism. it laid down the structural parameters for modernisation, making a decisive contribution to the beginning of a democratic climate that led the country to its first multiparty elections. this constitution reaffirms, develops and deepens the fundamental principles of the mozambican state, and enshrines the sovereign nature of the democratic rule of law, based on pluralism of expression and partisan organisation and on respect for and the guarantee of fundamental rights and liberties of citizens. the extensive participation of citizens in making this basic law conveys the consensus to strengthen democracy and national unity, which flows from the collective wisdom of the people. title i. basic principles chapter i. the republic article 1. republic of mozambique the republic of mozambique is an independent, sovereign, democratic state of social justice. article 2. sovereignty and legality sovereignty is vested in the people. the mozambican people shall exercise their sovereignty in the manner provided for in the constitution. the state is subordinate to the constitution and is founded on legality. constitutional rules shall prevail over all other rules of the legal order. article 3. democratic rule of law the republic of mozambique is a state governed by the rule of law, based on pluralism of expression and democratic political organisation and on the respect for and guarantee of fundamental human rights and freedoms. article 4. legal pluralism the state recognises the different normative and dispute resolution systems that co-exist in mozambican society, insofar as they are not contrary to the fundamental principles and values of the constitution. article 5. nationality mozambican nationality may be by origin or it may be acquired. the requirements for the attribution, acquisition, loss and re-acquisition of nationality are determined by the constitution and regulated by law. article 6. territory the territory of the republic of mozambique is a single whole, indivisible and inalienable, comprising the entire land surface, maritime zone and air space delimited by the national boundaries. the breadth, limits and legal order of mozambique’s territorial waters, the exclusive economic zone, the contiguous zone and seabed rights shall be fixed by law. article 7. territorial organisation the territory of the republic of mozambique shall be subdivided into provinces, districts, administrative posts, localities and settlements. urban zones shall be classified either as cities or as towns. the definition of the characteristics of territorial divisions, the creation of any new units, as well as the power to decide on politico-administrative organisation shall be fixed by law. article 8. unitary state the republic of mozambique is a unitary state, which respects the principles of autonomy of local authorities (autarquias locais) in its organisation. article 9. national languages the state shall esteem national languages as cultural and educational heritage, and shall promote their development and increasing use as languages that convey our identity. article 10. official language the official language in the republic of mozambique shall be portuguese. article 11. fundamental objectives the fundamental objectives of the republic of mozambique shall be: the defence of independence and sovereignty; the consolidation of national unity; the building of a society of social justice and the achievement of material and spiritual wellbeing and quality of life for its citizens; the promotion of balanced economic, social and regional development in the country; the defence and promotion of human rights and of the equality of citizens before the law; the strengthening of democracy, freedom, social stability and social and individual harmony; the promotion of a society of pluralism, tolerance and a culture of peace; the development of the economy and scientific and technological progress; the affirmation of the mozambican identity, of its traditions and other social and cultural values; the establishment and development of relations of friendship and cooperation with other peoples and states. article 12. lay state the republic of mozambique shall be a lay state. the lay nature of the state rests on the separation between the state and religious denominations. religious denominations shall have organisational freedom, freedom to carry out their functions and freedom of worship, and they shall conform to the laws of the state. the state shall recognise and esteem the activities of religious denominations in order to promote a climate of understanding, tolerance and peace, the strengthening of national unity, the material and spiritual wellbeing of citizens, and economic and social development. article 13. national symbols the symbols of the republic of mozambique shall be the national flag, emblem and anthem. article 14. age-old resistance the republic of mozambique shall esteem the heroic struggle and age-old resistance of the mozambican people against foreign domination. article 15. national liberation, defence of sovereignty and democracy the republic of mozambique shall acknowledge and esteem the sacrifices made by those who gave their lives to the national liberation struggle and to the defence of the country’s sovereignty and democracy. the state shall ensure the special protection of those who were disabled in the national liberation struggle, as well as the orphans and other dependants of those who died in this cause. the law shall determine how the rights established in this article are to be made effective. article 16. war disability the state shall ensure special protection to those who were disabled during the armed conflict that ended with the signing of the general peace agreement in 1992, as well as the orphans and other direct dependants. the state shall likewise protect those who have been disabled in the performance of public service or a humanitarian act. the law shall determine how the rights established in this article are to be made effective. chapter ii. foreign policy and international law article 17. international relations the republic of mozambique shall establish relations of friendship and cooperation with other states on the basis of mutual respect for sovereignty and territorial integrity, equality, non-interference in internal affairs and reciprocity of benefits. the republic of mozambique shall accept, observe and apply the principles of the charter of the united nations and of the charter of the organisation of african unity. article 18. international law validly approved and ratified international treaties and agreements shall enter into force in the mozambican legal order once they have been officially published and while they are internationally binding on the mozambican state. norms of international law shall have the same force in the mozambican legal order as have infra-constitutional legislative acts of the assembly of the republic and the government, according to the respective manner in which they are received. article 19. international solidarity the republic of mozambique shall be in solidarity with the struggle of the peoples and states of africa, for unity, freedom, dignity and the right to economic and social progress. the republic of mozambique shall seek to strengthen relations with countries engaged in the consolidation of their national independence, democracy and the recovery of the use and control of their natural wealth for their respective peoples. the republic of mozambique shall join with all states struggling for the establishment of a just and equitable economic order in international relations. article 20. support for freedom of peoples and asylum the republic of mozambique shall support and be in solidarity with the struggles of peoples for their national liberation and for democracy. the republic of mozambique shall grant asylum to foreigners persecuted on the grounds of their struggle for national liberation, for democracy, for peace and for the protection of human rights. the law shall define political refugee status. article 21. special ties of friendship and co-operation the republic of mozambique shall maintain special ties of friendship and cooperation with the countries of the region, with countries whose official language is portuguese and with countries that host mozambican emigrants. article 22. policy of peace the republic of mozambique shall pursue a policy of peace and shall only resort to the use of force in the case of legitimate self-defence. the republic of mozambique shall support the primacy of negotiated solutions to conflicts. the republic of mozambique shall uphold the principle of general and universal disarmament of all states. the republic of mozambique shall advocate the transformation of the indian ocean into a nuclear free zone of peace. title ii. nationality chapter i. nationality by origin article 23. jus soli and jus sanguinis the following persons shall, provided that they were born in mozambique, be mozambicans: the children of a father or a mother who was born in mozambique; children whose parents are stateless or of unknown nationality; those who were domiciled in mozambique at the time of independence and did not choose any other nationality, expressly or tacitly. the children of a mozambican father or mother working for the mozambican state outside the country shall be mozambicans, even if born abroad. the children of a mozambican father or mother shall be mozambican, even if born abroad, provided that they have expressly declared, either on their own behalf, if over eighteen years of age, or through their legal representatives, if younger, that they wish to be mozambican. article 24. jus soli persons born in mozambique after the proclamation of independence are mozambican nationals. this rule shall not apply to children born of a foreign father and a foreign mother, when either of them is in mozambique in the employ of the government of his or her country. the persons referred to in the preceding paragraph shall only have mozambican nationality if they declare, for themselves if they are over eighteen years of age, or through their legal representatives if younger than this, that they wish to be mozambican. the time limit for the declaration referred to in the preceding paragraph is one year, counting from the date of birth of the interested party, where the declaration is made by his or her legal representative, or from his or her eighteenth birthday, where the declaration is made personally. article 25. by age of majority persons who have met the requirements for nationality by origin but have not acquired such nationality by virtue of a choice made by their legal representatives, shall be mozambican, provided that they are over eighteen years of age and that, within one year after attaining the age of majority, they personally declare that they wish to be mozambican. chapter ii. acquired nationality article 26. by marriage a foreign person who has been married to a mozambican citizen for at least five years acquires mozambican nationality, except in cases of statelessness, provided that all of the following conditions are met: that he or she declares that he or she wishes to acquire mozambican nationality; that he or she meets the requirements and offers the guarantees prescribed by law. the nationality acquired by the spouse shall not be prejudiced by the declaration of annulment or dissolution of the marriage. article 27. by naturalisation mozambican nationality may be granted by naturalisation to foreigners who, at the time of submission of their application, meet all the following conditions: that they have resided in mozambique habitually and regularly for at least ten years; that they are over eighteen years of age; that they know portuguese or a mozambican language; that they have command of their person and are capable of ensuring their own subsistence; that they have civic probity; that they meet the requirements and offer the guarantees prescribed by law. the conditions set out in paragraphs a) and c) shall be waived for foreigners who have rendered relevant services to the mozambican state, in the terms prescribed by law. article 28. by filiation mozambican nationality may be granted by means of naturalisation to the unmarried children, under eighteen years of age, of a citizen who has acquired mozambican nationality. article 29. by adoption a person who is adopted fully by a mozambican national acquires mozambican nationality. article 30. restrictions on the performance of functions citizens with acquired nationality may not be deputies or members of government nor shall they be eligible for access to a diplomatic or military career. the law shall define the conditions under which citizens who have acquired mozambican nationality may perform public duties or private duties of public interest. chapter iii. loss and reacquisition of nationality article 31. loss mozambican nationality shall be lost by a person who: being a national of another state, declares, in accordance with the proper procedures, that he or she does not wish to be mozambican; having been given mozambican nationality as a minor by virtue of a legal representative’s declaration, declares, in accordance with the proper procedures, and within one year of reaching the age of majority, that he or she does not wish to be mozambican, provided that he or she can demonstrate possession of another nationality. article 32. reacquisition mozambican nationality may be granted to mozambicans who, having lost such nationality now request it, provided that they meet all of the following conditions: that they establish their domicile in mozambique; that they meet the requirements and offer the guarantees prescribed by law. a mozambican woman who has lost her nationality through marriage may reacquire it by addressing a request to the competent authorities. reacquisition of nationality shall restore the legal situation prevailing prior to the loss of nationality. chapter iv. prevailing nationality and registration article 33. prevalence of mozambican nationality no other nationality of persons who are mozambican nationals under the terms of the law of the republic of mozambique shall be recognised or have any legal effect in the mozambican legal order. article 34. registration the registration and proof of acquisition, loss and reacquisition of mozambican nationality shall be regulated by law. title iii. fundamental rights, duties and freedoms chapter i. general principles article 35. principle of universality all citizens are equal before the law, and they shall enjoy the same rights and be subject to the same duties, regardless of colour, race, sex, ethnic origin, place of birth, religion, level of education, social position, the marital status of their parents, their profession or their political preference. article 36. principle of equality men and women shall be equal before the law in all spheres of political, economic, social and cultural life. article 37. disability disabled citizens shall enjoy fully the rights enshrined in the constitution and shall be subject to the same duties, except those which their disability prevents them from exercising or fulfilling. article 38. duty to respect the constitution all citizens shall have the duty to respect the constitutional order. acts contrary to the provisions of the constitution shall be subject to punishment in terms of the law. article 39. acts against national unity all acts intended to undermine national unity, to disturb social harmony or to create divisions or situations of privilege or discrimination based on colour, race, sex, ethnic origin, place of birth, religion, level of education, social position, physical or mental ability, the marital status of one’s parents, profession or political preference, shall be punished in terms of the law article 40. right to life all citizens shall have the right to life and to physical and moral integrity, and they shall not be subjected to torture or to cruel or inhuman treatment. there shall be no death penalty in the republic of mozambique. article 41. other individual rights all citizens shall have the right to their honour, good name and their reputation, as well as the right to defend their public image and to protect their privacy. article 42. scope and meaning of fundamental rights the fundamental rights enshrined in the constitution shall not exclude any other rights provided for by law. article 43. interpretation of fundamental rights the constitutional principles in respect of fundamental rights shall be interpreted and integrated in harmony with the universal declaration of human rights and with the african charter of human and peoples rights. article 44. duties towards one’s fellow beings all individuals shall have the duty to respect and consider their fellow beings without any form of discrimination whatsoever, and to maintain relations with them aimed at promoting, safeguarding and strengthening respect, mutual tolerance and solidarity. article 45. duties towards the community every individual shall have the duty to: serve the national community, placing his or her physical and intellectual abilities at its service; work to the best of his or her abilities and means; pay contributions and taxes; advocate, in his or her relations with the community, the preservation of cultural values, the spirit of tolerance and of dialogue and, in general, to contribute to civic education and advancement; defend and promote health; protect and conserve the environment; defend and protect the public good and the good of the community. article 46. duties towards the state all citizens shall have the duty to contribute to the defence of the country. every individual shall also have the duty to fulfill his or her obligations under the law, and to obey orders that are issued by legitimate authorities in accordance with the terms of the constitution and with respect for his or her fundamental rights. article 47. rights of children children shall have the right to protection and the care required for their well being. children may express their opinion freely on issues that relate to them, according to their age and maturity. all acts carried out by public entities or private institutions in respect of children shall take into account, primarily, the paramount interests of the child. chapter ii. rights, duties and freedoms article 48. freedom of expression and information all citizens shall have the right to freedom of expression and to freedom of the press, as well as the right to information. the exercise of freedom of expression, which consists of the ability to impart one’s opinions by all lawful means, and the exercise of the right to information shall not be restricted by censorship. freedom of the press shall include, in particular, the freedom of journalistic expression and creativity, access to sources of information, protection of independence and professional secrecy, and the right to establish newspapers, publications and other means of dissemination. in the public sector media, the expression and confrontation of ideas from all currents of opinion shall be guaranteed. the state shall guarantee the impartiality of the public sector media, as well as the independence of journalists from the government, the administration and other political powers. the exercise of the rights and freedoms provided for in this article shall be governed by law on the basis of the imperative respect for the constitution and for the dignity of the human person. article 49. broadcasting rights, right of reply and of political response political parties shall, according to their degree of representation and to criteria prescribed by law, have the right to broadcasting time on public radio and television services. political parties that have seats in the assembly of the republic but are not members of government shall, in terms of the law and according to their degree of representation, have the right to broadcasting time on public radio and television services in order to exercise their right of reply and the right to respond to the political statements of the government. trade unions, professional organisations and organisations representing social and economic activities shall also be guaranteed broadcasting rights, according to criteria prescribed by law. during election periods, contestants shall have the right to regular and equitable broadcasting time on public radio and television stations of national or local range, within the terms of the law. article 50. superior council for the media the superior council for the media shall guarantee the right to information, to freedom of the press and to independence of the media, as well as the exercise of broadcasting rights and the right of reply. the superior council for the media shall be an independent body composed of eleven members appointed as follows: two members appointed by the president of the republic, of whom one shall be the president; five members elected by the assembly of the republic, according to the degree of parliamentary representation; three representatives of journalists, elected by their respective professional organisations; one representative of journalist businesses or institutions. the superior council for the media shall issue opinions prior to government decisions on the licensing of private television and radio stations. the superior council for the media shall participate in the appointment and discharge of directors-general of public sector media organisations, in the terms of the law. the law shall regulate the organisation, functioning and other powers of the superior council for the media. article 51. right to freedom of assembly and demonstration all citizens shall have the right to freedom of assembly and demonstration, within the terms of the law. article 52. freedom of association all citizens shall enjoy freedom of association. social organisations and associations shall have the right to pursue their aims, to create institutions designed to achieve their specific objectives and to own assets in order to carry out their activities, in accordance with the law. armed associations of a military or paramilitary nature, as well as associations that promote violence, racism, xenophobia or pursue aims that are against the law, shall be prohibited. article 53. freedom to form, participate in and join political parties all citizens shall have the freedom to form or to participate in political parties. party membership shall be voluntary and shall stem from the freedom of citizens to associate on the basis of the same political ideals. article 54. freedom of conscience, religion and worship all citizens shall have the freedom to practice or not to practice a religion. nobody shall be discriminated against, persecuted, prejudiced, deprived of his or her rights, or benefit from or be exempt from duties, on the grounds of his faith or religious persuasion or practice. religious denominations shall have the right to pursue their religious aims freely and to own and acquire assets for realising their objectives. the protection of places of worship shall be ensured. the right to conscientious objection shall be guaranteed in terms of the law. article 55. freedom of residence and movement all citizens shall have the right to take up residence in any part of the national territory. all citizens shall be free to travel inside the national territory and abroad, except those who have been legally deprived of this right by the courts. chapter iii. individual rights, freedoms and guarantees article 56. general principles individual rights and freedoms shall be directly applicable, shall bind both public and private entities, shall be guaranteed by the state, and shall be exercised within the constitutional framework and the law. the exercise of rights and freedoms may be restricted for the purposes of safeguarding other rights and interests that are protected by the constitution. the law may restrict rights, freedoms and guarantees only in cases expressly provided for in the constitution. legal restrictions on rights and freedoms shall be of a general and abstract nature and shall not have retroactive effect. article 57. non-retroactivity in the republic of mozambique laws may have retroactive effect only where this is to the benefit of citizens and other legal persons. article 58. right to compensation and state responsibility everyone shall have the right to claim compensation in accordance with the law, for damages caused by a violation of their fundamental rights. the state shall be responsible for damages caused by the unlawful acts of its agents, in the performance of their functions, without prejudice to rights of recourse available under the law. article 59. right to liberty and to security in the republic of mozambique everyone has the right to security and nobody shall be detained and put on trial except in accordance with the law. accused persons shall enjoy a presumption of innocence until final court judgement has been passed. no citizen shall be tried more than once for the same crime, nor shall a penalty be imposed that was not provided for, or is heavier than the one that was applicable, at the time when the criminal offence was committed. article 60. application of criminal law nobody shall be condemned for an act that did not constitute a criminal offence at the time when it was committed. criminal law may be applied retroactively only in favour of the accused. article 61. restrictions on penalties and security measures penalties and security measures that deprive or restrict freedom in perpetuity or for an unlimited or indefinite period shall be prohibited. penalties are not transmissible. no penalty shall deprive persons of any of their civil, professional or political rights, nor shall any penalty deprive a convicted person of his or her fundamental rights, except insofar as the restrictions are inherent to the conviction and are specifically necessary for the execution of the sentence. article 62. access to courts the state shall guarantee that citizens have access to the courts and that persons charged with a crime have the right to defence and the right to legal assistance and aid. the accused shall have the right freely to choose a defence counsel to assist in all acts of the proceedings. it shall be ensured that adequate legal assistance and aid is given to accused persons who, for economic reasons, are unable to engage their own attorney. article 63. attorneyship and advocacy the state shall ensure that attorneys at law are given the immunity necessary for the performance of their functions, and shall regulate legal representation in court as a fundamental element of the administration of justice. in the performance of an attorney’s functions, documents, correspondence and other items that have been entrusted to the attorney by his or her client, have been obtained for the defence of the client or pertain to his or her profession, shall be inviolable, within legal limits. searches, seizures and other similar measures against an attorney’s offices or files may only be executed by order of a court and shall be performed in the presence of the ordering judge, the attorney and one representative of the bar association appointed by the association for this purpose, when the commission of an unlawful act punishable by a term of imprisonment longer than two years is involved and there is evidence to attribute the commission of the act to the attorney. an attorney shall have the right to communicate personally and privately with his or her client, even when such client is imprisoned or detained in a civil or military institution. the law shall regulate all other matters pertaining to attorneyship and advocacy. article 64. preventive imprisonment preventive imprisonment shall be permitted only in cases provided for by the law, which shall determine the duration of such imprisonment. citizens held in preventive imprisonment shall, within the period fixed by law, be brought before the judicial authorities who alone shall have the power to decide on the lawfulness and continuation of the imprisonment. everyone deprived of their liberty shall be informed promptly and in a way that they understand of the reasons for their imprisonment or detention and of their rights. the judicial decision by which an imprisonment or detention is ordered or maintained shall be communicated at once to a relative or trusted acquaintance of the detainee, as indicated by the detainee. article 65. principles of criminal process in criminal process, the right to defence and to trial is an inviolable right guaranteed to every accused. criminal trial hearings shall be public, except in so far as it is prudent to exclude or restrict publicity in order to safeguard personal, family, social or moral privacy, or for material reasons of trial security or public order. all evidence obtained through the use of torture, coercion, offences against the physical or moral integrity of the person, the abusive intrusion into their private and family life or into their home, correspondence or telecommunications, shall be invalid. no case may be withdrawn from a court whose competence is established by an earlier law, except in cases specifically provided for by law. article 66. habeas corpus in the case of unlawful imprisonment or detention, the citizen shall have the right to interpose a writ of habeas corpus. the writ of habeas corpus shall be interposed before a court, which shall decide on the matter within a period not longer than eight days. article 67. extradition extradition may take place only pursuant to a court decision. extradition for political reasons shall not be authorised. extradition shall not be permitted for crimes which are punishable by death or by perpetual imprisonment under the law of the requesting state, or when there are grounds to believe that the extradited person may be subjected to torture or inhumane, degrading or cruel treatment. no mozambican citizen may be expelled or extradited from the national territory. article 68. inviolability of the home and of correspondence the home and the correspondence or other forms of private communication shall be inviolable, except in cases specifically provided for by law. entry into the home of a citizen against the citizen’s will may be ordered only by the competent judicial authorities, in such instances and according to such procedures as are specifically established by law. nobody shall enter the home of any person during the night without that person’s consent. article 69. right to contest every citizen shall be entitled to contest those acts that violate their rights established in the constitution and the laws. article 70. right of recourse to the courts every citizen shall have the right of recourse to the courts against acts that violate their rights and interests recognised by the constitution and the laws. article 71. use of computerised data the use of computerised means for recording and processing individually identifiable data in respect of political, philosophical or ideological beliefs, of religious faith, party or trade union affiliation or private lives, shall be prohibited. the law shall regulate the protection of personal data kept on computerized records, the conditions of access to data banks, and the creation and use of such data banks and information stored on computerised media by public authorities and private entities. access to data bases or to computerised archives, files and records for obtaining information on the personal data of third parties, as well as the transfer of personal data from one computerised file to another that belongs to a distinct service or institution, shall be prohibited except in cases provided for by law or by judicial decision. all persons shall be entitled to have access to collected data that relates to them and to have such data rectified. article 72. suspension of rights individual freedoms and guarantees may be temporarily suspended or restricted only in the event of a declaration of a state of war, of a state of siege, or of a state of emergency, in accordance with the terms of the constitution. whenever there is a suspension or restriction of freedoms or guarantees, such suspension or restriction shall be general and abstract, and the duration and the legal grounds on which it is founded shall be specified. chapter iv. political rights, freedoms and guarantees article 73. universal suffrage the mozambican people shall exercise political power through elections of their representatives by universal, direct, equal and periodic suffrage and by secret ballot, through referenda on major national issues, and through the permanent democratic participation of citizens in the affairs of the nation. article 74. political parties and pluralism parties shall be the expression of political pluralism; they shall contribute to the formation and manifestation of the will of the people and shall be fundamental instruments of democratic participation by citizens in the governing of the country. the internal structure and the operation of political parties shall be democratic. article 75. formation of political parties in deep respect for national unity and democratic values, political parties shall be bound by the principles enshrined in the constitution and in the law. in their formation and in the realisation of their objectives, political parties shall, in particular: be national in scope; defend national interests; contribute to the formation of public opinion, particularly on major national issues; strengthen the patriotic spirit of citizens and the consolidation of the mozambican nation. parties shall contribute towards peace and stability in the country through the political and civic education of citizens. the formation, structure and operation of parties shall be regulated by law. article 76. names political parties shall be prohibited from using names containing expressions that are directly related to any religious denominations or churches, and from using emblems that may be confused with national or religious symbols. article 77. resorting to armed violence political parties shall be prohibited from advocating or resorting to armed violence in order to change the political or social order of the country. article 78. social organisations social organisations, as associations with their own interests and affinities, play an important role in promoting democracy and in the participation of citizens in public affairs. social organisations contribute to achieving the rights and freedoms of citizens, as well as towards raising individual and collective awareness in the fulfilment of civic duties. article 79. right of petition, complaint and claim all citizens shall have the right to present petitions, complaints and claims to the competent authority in order to demand the restitution of their rights violated or in defence of the public interest. article 80. right of resistance all citizens shall have the right not to comply with orders that are unlawful or that infringe on their rights, freedoms and guarantees. article 81. right of popular action all citizens shall have the right to popular action in accordance with the law, either personally or through associations for defending the interests in question. the right of popular action shall consist of: the right to claim for the injured party or parties such compensation as they are entitled to; the right to advocate the prevention, termination or judicial prosecution of offences against the public health, consumer rights, environmental conservation and cultural heritage; the right to defend the property of the state and of local authorities. chapter v. economic, social and cultural rights and duties article 82. right of ownership the state shall recognise and guarantee the right of ownership of property. expropriation may take place only for reasons of public necessity, utility, or interest, as defined in the terms of the law, and subject to payment of fair compensation. article 83. right of inheritance the state recognises and guarantees, in accordance with the law, the right of inheritance. article 84. right to work work shall be a right and a duty of every citizen. all citizens shall have the right freely to choose their profession. forced labour shall be prohibited, except where the work is performed within the framework of penal legislation. article 85. right to retribution and to safety at work all workers shall have the right to fair remuneration, rest and vacation and to retirement in accordance with the law. workers shall have the right to protection, health and safety at work. workers may be dismissed only in the cases and in accordance with the terms provided for by law. article 86. freedom of professional associations and unions all workers shall have the freedom to organise professional associations or trade unions. professional associations and trade unions shall be governed by the principles of democratic organisation and management, based on the active participation of their members in all of their activities, and on the periodic election of their bodies by secret ballot. professional associations and trade unions shall be independent from employers, from the state, from political parties and from churches or religious denominations. the law shall regulate the creation, merger, alliance and dissolution of professional associations and trade unions, as well as the guarantees of their autonomy and independence from employers, from the state, from political parties and from churches and religious denominations. article 87. right to strike and prohibition of lock outs workers shall have the right to strike, and the law shall regulate the exercise of this right. the law shall restrict the exercise of the right to strike in essential services and activities, in the interest of the pressing needs of society and of national security. lock outs shall be prohibited. article 88. right to education in the republic of mozambique, education shall be a right and a duty of all citizens. the state shall promote the extension of education to professional and continuing vocational training, as well as equal access to the enjoyment of this right by all citizens. article 89. health all citizens shall have the right to medical and health care, within the terms of the law, and shall have the duty to promote and protect public health. article 90. right to a balanced environment all citizens shall have the right live in a balanced environment and shall have the duty to defend it. the state and the local authorities, with collaboration from associations for environmental protection, shall adopt policies to protect the environment and shall promote the rational use of all natural resources. article 91. housing and urbanisation all citizens shall have the right to a suitable home, and it shall be the duty of the state, in accordance with national economic development, to create the appropriate institutional, normative and infra-structural conditions. the state shall also be responsible for funding and supporting the initiatives of the local communities, the local authorities and the people, in order to promote private and cooperative construction as well the accessibility of home ownership. article 92. rights of consumers consumers shall have the right to quality in the goods and services that they consume, to education and information, to the protection of their health, to the safeguarding of their economic interests and to reparation for damage. advertising shall be regulated by law and all forms of hidden, indirect and misleading advertising shall be prohibited. consumer associations and co-operatives shall have the right, within the terms of the law, to state assistance, the right to be heard on issues concerning consumer protection, and title to sue in order to defend the interests of their members. article 93. physical culture and sport citizens shall have the right to physical education and to sport. the state shall encourage, through educational and sporting institutions, the practice and the dissemination of physical education and sport. article 94. freedom of cultural creativity all citizens shall have the right to freedom of scientific, technical, literary and artistic creativity. the state shall protect rights relating to intellectual property, including copyright, and shall promote the practice and dissemination of literature and art. article 95. right to assistance of the disabled and the aged all citizens shall have the right to assistance in the case of disability or old age. the state shall promote and encourage the creation of conditions for realizing this right. title iv. economic, social, financial and fiscal organisation chapter i. general principles article 96. economic policy the state economic policy shall be directed towards laying the fundamental bases for development, improving the living conditions of the people, strengthening the sovereignty of the state, and consolidating national unity, through the participation of citizens and the efficient use of human and material resources. without prejudice to balanced development, the state shall guarantee the distribution of national wealth and it shall recognise and esteem the role of productive zones. article 97. fundamental principles the economic and social order of the republic of mozambique shall aim to satisfy the basic needs of the people and to promote social wellbeing, and shall be based on the following fundamental principles: on the value of labour; on market forces; on the initiatives of economic operators; on the co-existence of the public sector, the private sector and the social and co-operative sector; on public ownership of natural resources and means of production, in accordance with the collective interest; on the protection of the co-operative and social sector; on the action of the state as regulator and promoter of economic and social growth and development. article 98. state property and public domain natural resources in the soil and the subsoil, in inland waters, in the territorial sea, on the continental shelf and in the exclusive economic zone shall be the property of the state. the public domain of the state shall comprise: the maritime zone; the airspace; archaeological heritage; nature conservation zones; hydraulic resources; energy resources; roads and railways; mineral deposits; other property classified as such by law. the law shall regulate the legal regime of property in the public domain, as well as its management and conservation, and shall distinguish between the public domain of the state, the public domain of local authorities and the public domain of communities, with due respect for the principles of imprescriptibility and immunity from seizure. article 99. sectors of ownership of the means of production the national economy shall guarantee the coexistence of three sectors of ownership of the means of production. the public sector consists of those means of production the ownership and management of which belong to the state or other public entities. the private sector consists of those means of production the ownership and management of which belong to private individual or corporate persons, without prejudice to the following paragraph. the co-operative and social sector comprises, specifically: community means of production, held and managed by local communities; means of production exploited collectively by workers; means of production held and managed by not-for-profit corporate persons whose main objective is social solidarity, specifically those of a mutual nature. article 100. taxes taxes shall be established and modified by law, and shall be set according to criteria of social justice. chapter ii. economic organisation article 101. co-ordination of economic activity the state shall promote, co-ordinate and supervise economic activity, acting directly or indirectly to resolve the basic problems of the people and to reduce social and regional inequalities. state investment shall play a driving role in promoting balanced development. article 102. natural resources the state shall promote knowledge, survey and valorisation of natural resources, and shall determine the conditions under which they may be used and developed subject to national interests. article 103. agriculture in the republic of mozambique, agriculture shall be the basis for national development. the state shall guarantee and promote rural development in order to meet the growing and diverse needs of the people, and for the economic and social progress of the country. article 104. industry in the republic of mozambique, industry shall be the driving force for the national economy. article 105. family sector the family sector shall play a fundamental role in meeting the basic needs of the people. the state shall support and provide incentives for family sector production, and shall encourage peasants as well as individual workers to organize themselves into more advanced forms of production. article 106. small scale production the state shall recognise the contribution made by small scale production to the national economy, and shall support its development as a way of making good use of the capacity and the creativity of the people. article 107. national business sector the state shall promote and support the active participation of the national business sector in the development and consolidation of the country’s economy. the state shall create incentives to provide for the growth of the national business sector throughout the country, particularly in rural zones. article 108. foreign investment the state shall guarantee foreign investment, which shall operate within the framework of state economic policy. foreign ventures shall be permitted in all of the national territory and in all economic sectors, except those that are reserved exclusively for ownership or development by the state. article 109. land all ownership of land shall vest in the state. land may not be sold or otherwise disposed of, nor may it be mortgaged or subject to attachment. as a universal means for the creation of wealth and of social well being, the use and enjoyment of land shall be the right of all the mozambican people. article 110. use and enjoyment of land the state shall determine the conditions under which land may be used and enjoyed. the right to use and benefit from land shall be granted to individual or corporate persons, taking into account its social or economic purpose. article 111. rights acquired through inheritance or occupation of land in granting titles for the use and enjoyment of land, the state shall recognise and protect rights acquired through inheritance or by occupation, unless there is a legal reservation or the land has been lawfully granted to another person or entity. chapter iii. social organisation article 112. labour labour is the driving force of development and shall merit respect and protection. the state shall promote the fair distribution of the proceeds of labour. the state maintains that everyone should receive equal pay for equal work. article 113. education the republic of mozambique shall promote an educational strategy that aims towards national unity, wiping out illiteracy, mastering science and technology, and providing citizens with moral and civic values. the state shall organise and develop education through a national system of education. public education shall not pertain to any religion. education provided by collective and other private entities shall be administered in accordance with the law and shall be subject to state control. the state shall not plan education and culture in accordance with any specific philosophical, aesthetic, political, ideological or religious guidelines. article 114. higher education access to public institutions of higher education shall guarantee equal and equitable opportunities and the democratisation of education, taking into account the requirements in terms of qualified staff and the raising of educational and scientific standards of the country. public institutions of higher education shall be corporate persons governed by public law, and they shall have legal personality and enjoy scientific, teaching, financial and administrative autonomy, without prejudice to the appropriate evaluation of teaching standards, in accordance with the law. the state shall recognise and supervise private and co-operative education in accordance with the law. article 115. culture the state shall promote the development of national culture and identity and shall guarantee free expression of the traditions and values of mozambican society. the state shall promote the dissemination of mozambican culture and shall take action to enable the mozambican people to benefit from the cultural achievements of other peoples. article 116. health medical and health care for citizens shall be organised through a national health system, which shall benefit all mozambican people. to achieve the goals of the national health system, the law shall establish the ways in which medical and health care is delivered. the state shall encourage citizens and institutions to participate in raising the standard of health in the community. the state shall promote the expansion of medical and health care and the equal access of all citizens to the enjoyment of this right. the state shall be responsible for promoting, supervising and controlling the production, the sale and the use of chemical, biological and pharmaceutical products and other forms of treatment and diagnosis. the medical and health care activities run by collective and private entities shall be carried out in accordance with the law and be subject to the supervision of the state. article 117. environment and quality of life the state shall promote efforts to guarantee the ecological balance and the conservation and preservation of the environment, with a view to improving the quality of life of its citizens. with a view to guaranteeing the right to the environment within the framework of sustainable development, the state shall adopt policies aimed at: preventing and controlling pollution and erosion; integrating environmental objectives with sectoral policies; promoting the integration of environmental values into educational policies and programmes; guaranteeing the rational utilisation of natural resources and the safeguarding of their capacity to regenerate, ecological stability and the rights of future generations; promoting territorial ordinance with a view to ensuring the correct location of activities, and balanced socio-economic development. article 118. traditional authority the state shall recognise and esteem traditional authority that is legitimate according to the people and to customary law. the state shall define the relationship between traditional authority and other institutions and the part that traditional authority should play in the economic, social and cultural affairs of the country, in accordance with the law. article 119. family the family is the fundamental unit and the basis of society. the state shall, in accordance with the law, recognise and protect marriage as the institution that secures the pursuit of family objectives. in the context of the development of social relations based on respect for human dignity, the state shall guarantee the principle that marriage is based on free consent. the law shall establish forms in which traditional and religious marriage shall be esteemed, and determine the registration requirements and effects of such marriage. article 120. motherhood and fatherhood motherhood and fatherhood shall be afforded dignity and protection. the family shall be responsible for raising children in a harmonious manner, and shall teach the new generations moral, ethical and social values. the family and the state shall ensure the education of children, bringing them up in the values of national unity, love for the motherland, equality among men and women, respect and social solidarity. fathers and mothers shall support children born out of wedlock and those born in wedlock. article 121. childhood all children have the right to protection from the family, from society and from the state, having in mind their full development. children, in particular orphans and disabled and abandoned children, shall be protected by the family, by society and by the state against all forms of discrimination, ill treatment and the abusive use of authority within the family and in other institutions. children shall not be discriminated against on the grounds of their birth, nor shall they be subjected to ill treatment. child labour shall be prohibited, whether the children are of compulsory school going age or any other age. article 122. women the state shall promote, support and value the development of women, and shall encourage their growing role in society, in all spheres of political, economic, social and cultural life of the country. the state shall recognise and hold in high esteem the participation of women in the national liberation struggle and in the defence of sovereignty and democracy. article 123. youth young people, honourably upholding the patriotic traditions of the mozambican people, played a decisive role in the national liberation struggle and the struggle for democracy, and they constitute a force for the renewal of society. state policy shall be directed particularly towards ensuring the harmonious development of the character of young people, to helping them acquire a taste for free and creative work, to developing their sense of serving the community, and to providing appropriate conditions for their entering into active life. the state shall promote, support and encourage young people’s initiatives in consolidating national unity, and in the reconstruction, the development and the defence of the country. the state and society shall stimulate and support the creation of youth organisations for the pursuit of cultural, artistic, recreational, sporting and educational objectives. the state, acting in co-operation with associations representing parents and persons in charge of education, and with private institutions and youth organisations, shall adopt a national youth policy capable of promoting and supporting the professional training of young people, their access to first jobs and free intellectual and physical development. article 124. elderly the elderly shall have the right to special protection by their family, society and the state, particularly through the creation of housing conditions, by living in togetherness with the family and the community, and by being received at public and private institutions, thereby preventing them from becoming marginalized. the state shall promote a policy for the elderly that integrates economic, social and cultural action, with a view to creating opportunities for personal achievement through their involvement in the life of the community. article 125. disabled the disabled shall have a right to special protection by the family, the society and the state. the state shall promote the creation of conditions for learning and developing sign language. the state shall promote the creation of conditions necessary for the economic and social integration of the disabled. the state shall promote, in co-operation with associations of the disabled and with private entities, a policy that will guarantee: the rehabilitation and integration of the disabled; the creation of appropriate conditions to prevent them from becoming socially isolated and marginalized; priority treatment of disabled citizens by public and private services; easy access to public places. the state shall encourage the establishment of associations of the disabled. chapter vi. financial and tax system article 126. financial system the financial system shall be organised in such a way as to guarantee that savings are formed, deposited and secure and that financial measures required for the country’s economic and social development are applied. article 127. tax system the tax system shall be structured in order to meet the financial needs of the state and other public bodies, achieve the objectives of the state’s economic policy, and guarantee the fair distribution of income and wealth. taxes shall be established and modified by law, which shall stipulate tax incidence and tax rates, and fiscal benefits and guarantees afforded to taxpayers. nobody may be compelled to pay taxes that have not been established in accordance with the constitution, and which are not assessed and collected in terms of the law. during the course of the same financial year, the bases of tax incidence and tax rates may not be increased. tax law shall not have retroactive effect, except where this would be more favourable to the taxpayer. article 128. economic and social plan the purpose of the economic and social plan is to guide economic and social development towards sustainable growth, to reduce regional imbalances and progressively to eliminate economic and social differences between cities and the countryside. the economic and social plan shall be expressed financially in the state budget. the draft economic and social plan shall be submitted to the assembly of the republic, together with reports on the major global and sectoral options, including information to substantiate them. article 129. drafting and execution of the economic and social plan the government shall draft the economic and social plan on the basis of its five-year programme. the draft economic and social plan shall be submitted to the assembly of the republic and shall contain a forecast of the macroeconomic aggregates and the actions to be taken in pursuit of the sectoral development goals, and it shall be accompanied by implementation reports to substantiate it. the drafting and implementation of the economic and social plan shall be decentralised by province and by sector. article 130. state budget the budget shall be unitary, shall specify revenue and expenditure, and shall at all times respect the rules on annual publication and on publicity, in accordance with the law. the budget may comprise multi-annual programmes or projects, in which case the budget shall present the expenditure in respect of the particular year to which it refers. the state budget bill shall be drafted by the government and presented to the assembly of the republic, and it shall contain information to substantiate revenue forecasts, limits on expenditure, deficit financing, as well as all information to substantiate budgetary policy. the law shall determine the rules for implementation of the budget, and shall establish the criteria according to which the budget may be modified, the implementation period, as well as the procedures to be followed when the deadlines for presentation of the budget or voting on it cannot be met. article 131. supervision the administrative court and the assembly of the republic shall supervise the implementation of the state budget, and the assembly of the republic shall appraise and decide on the general state account after it has received the opinion of the administrative court. article 132. central bank the bank of mozambique is the central bank of the republic of mozambique. the operation of the bank of mozambique shall be governed by specific legislation and by international norms that bind the republic of mozambique and apply to it. title v. organisation of political power sole chapter. general principles article 133. sovereign public offices the sovereign public offices are: the president of the republic, the assembly of the republic, the government, the courts and the constitutional council. article 134. separation and interdependence the sovereign public offices are established on the principles of separation and interdependence of powers enshrined in the constitution, and shall owe obedience to the constitution and the laws. article 135. general principles of the electoral system the general rule shall be that the appointment of elective sovereign public offices and elective local and provincial offices shall take place through universal, direct, equal and periodic suffrage and by personal and secret ballot. results of elections shall be calculated according to the system of proportional representation. voter registration and electoral activity shall be the supervised by an independent and impartial body, the composition, organisation, operation and powers of which shall be established by law. the electoral procedures shall be regulated by law. article 136. referenda citizens who have been registered as voters within the national territory, and those living abroad who have been properly registered as voters, may be called to take part in referenda on major national issues. the decision to call a referendum shall be taken by the president of the republic upon the recommendation of the assembly of the republic, approved by an absolute majority of its members and on the initiative of at least one third of the deputies. the following matters may not be the subject of referenda: amendments to the constitution, with the exception of those in article 292 (1); matters referred to in article 179 (2). if the matters referred to in article 179 (2) are the subject of an international convention, they may be submitted to a referendum, except where they concern peace and the changing of boundaries. no referendum shall be called or held during the period between the calling and the holding of a general election for sovereign public offices. a referendum shall be considered valid and binding only where at least half of the registered voters have voted in it. in addition to the relevant provisions of the electoral law, specific legislation shall establish the conditions for setting up and for holding referenda. article 137. incompatibility the offices of president of the republic, president of the assembly of the republic, prime minister, president of the supreme court, president of the constitutional council, president of the administrative court, attorney general of the republic, ombudsman, vice president of the supreme court, deputy attorney general of the republic, deputy, deputy minister, secretary of state, provincial governor, district administrator, military personnel in active service shall be mutually incompatible. the position of member of government shall likewise be incompatible with the offices referred to in the preceding paragraph, with the exception of those of the president of the republic and the prime minister. the law shall define other incompatibilities, including incompatibilities between public offices and private duties. article 138. central offices central state offices are: the sovereign public offices, governmental bodies as a whole, and such institutions as are responsible for guaranteeing that national interests prevail and that a unitary state policy is implemented. article 139. powers of central offices central state offices shall, in general, have power to exercise sovereign functions, to regulate matters in accordance with the law, and to define national policies. the central offices shall have exclusive powers in the following matters: representation of the state, definition and organisation of the territory, national defence, public order, supervision of borders, issuing of currency, and diplomatic relations. article 140. heads and agents of public offices central offices shall take action directly, or through appointed heads or agents of the administration, who shall supervise central activities within a particular territorial area. the law shall determine the form, organisation and powers for the exercise of public administration. article 141. provincial government the representative of the government at provincial level is the provincial governor. the provincial government is the body charged with ensuring the implementation, at provincial level, of centrally defined government policies, and it shall exercise administrative supervision over local authorities, in accordance with the law. members of the provincial government shall be appointed by the ministers responsible for the particular portfolios, in consultation with the provincial governor. the organisation, composition, functioning and powers of provincial government shall be defined by law. article 142. provincial assemblies provincial assemblies shall be democratically representative bodies elected by universal, direct suffrage and by secret ballot, in accordance the principle of proportional representation, and their terms of office shall be five years. provincial assemblies shall, in particular, have the power to: supervise and monitor adherence to principles and norms established in the constitution and in the laws, as well as the observance of decisions of the council of ministers relating to the particular province; approve the provincial government programme and supervise and monitor compliance with it. the composition, organisation, operation and other powers shall be defined by law. article 143. normative acts legislative acts shall consist of laws and decree-laws. acts of the assembly of the republic shall take the form of laws, motions and resolutions. decree-laws are legislative acts passed by the council of ministers pursuant to authorisation from the assembly of the republic. regulatory acts of the government shall take the form of decrees, whether they are made under the authority of a regulatory law or are made as autonomous regulations. acts of the governor of the bank of mozambique, in the exercise of his powers, shall take the form of notices. article 144. publicity the following shall be published in the boletim da república (government gazette), under pain of having no legal effect: laws, motions and resolutions of the assembly of the republic; decrees of the president of the republic; decree-laws, decrees, resolutions and other legal instruments issued by the government; decisions of the supreme court and judgements of the constitutional council, as well as the decisions of other courts to which the law attributes general binding force; judgements on the results of elections and national referenda; f) resolutions ratifying international treaties and agreements; g) notices issued by the governor of the bank of mozambique. the law shall define the publicity requirements applicable to other public legal instruments. article 145. representation of central offices the state offices shall insure that they are represented at all territorial levels. title vi. president of the republic chapter i. statute and appointment article 146. definition the president of the republic is the head of state, embodying national unity, representing the nation on a national and an international scale, and overseeing the correct functioning of the state offices. the head of state shall be the guarantor of the constitution. the head of state shall be the head of government. the president of the republic shall be the commander-in-chief of the defence and security forces. article 147. eligibility the president of the republic shall be elected through direct, universal, equal and periodic suffrage and by personal and secret ballot. all mozambican citizens may be candidates for the office of president of the republic, provided that they meet all of the following conditions: that they possess nationality by origin and do not possess any other nationality; that they are at least thirty-five years of age; that they are in full possession of their civil and political rights; that they have been proposed by at least ten thousand voters. the term of the office of the president of the republic shall be five years. the president of the republic may be re-elected only once. a president of the republic who has been elected on two consecutive occasions may be a candidate for further presidential elections only five years after the end of his last term of office. article 148. election the candidate who gains more than half of the votes cast shall be elected president of the republic. if none of the candidates obtains an absolute majority, there shall be a second round between the two candidates receiving the most votes. article 149. incompatibility the president of the republic may not, except where the constitution expressly provides otherwise, perform any other public function, and in no event may he perform any private functions. article 150. investiture and swearing into office the president of the republic shall be sworn into office by the president of the constitutional council in a public ceremony before the deputies of the assembly of the republic and other representatives of the sovereign public offices. on assuming office, the president of the republic shall take the following oath: i do swear on my honour that i will respect and ensure respect for the constitution, that i will faithfully carry out the task of president of the republic of mozambique, that i will dedicate all my efforts to the defence, promotion and consolidation of national unity, to human rights, to democracy and to the well-being of the mozambican people, and i will ensure that justice is done for all citizens. article 151. disability or absence in the event of short-term disability or absence of the president of the republic from the country, he shall be substituted by the president of the assembly of the republic or, in his absence, by his substitute. the simultaneous absence from the country of the head of state and his constitutional substitute shall be prohibited. the assembly of the republic, the constitutional council and the government shall be notified immediately of any short-term disability or absence of the president of the republic. article 152. interim substitute and incompatibilities the president of the assembly of the republic shall also assume the functions of the head of state on an interim basis in the following circumstances: in the event of death or permanent incapacitation, certified by a medical board; in the event of resignation, notified to the assembly of the republic; in the event of suspension or dismissal as a result of an indictment or conviction by the supreme court. the circumstances referred to in the preceding paragraph shall result in the holding of presidential elections. if the president of the republic resigns from office, he may not run as a candidate for a new term of office for the next ten years. while the president of the assembly of the republic is acting as interim president of the republic, his functions as a deputy shall be suspended automatically. article 153. criminal responsibility for crimes committed in the performance of his functions, the president of the republic shall be tried before the supreme court. for crimes committed outside the performance of his functions, the president of the republic shall be tried before the ordinary courts, at the end of his term of office. it shall be incumbent upon the assembly of the republic to request that the attorney general of the republic institute criminal proceedings against the president of the republic, upon the recommendation of at least one third and carried by a majority of two thirds of the deputies of the assembly of the republic. the president of the republic shall be suspended from his duties as of the date on which definitive indictment or its equivalent has been passed, and his conviction shall result in his discharge from office. the supreme court, sitting in plenary session, shall deliver its judgement within a maximum period of sixty days. in the event of a conviction, the president of the republic shall not be able to stand as a candidate for that office again, nor may he hold any position in a sovereign public office or a local authority. article 154. preventive detention in no circumstances whatsoever shall the president of the republic in office be subjected to preventive detention. article 155. election in the event of vacancy of office the election of a new president of the republic in the event of death, permanent incapacitation, resignation or discharge, shall take place within the following ninety days, and the interim president of the republic shall be barred from standing as a candidate. an election for the office of president of the republic shall not be held if the vacancy occurs during the three hundred and sixty five days preceding the end of the term of office, in which case the interim president of the republic shall hold office until the next general election. article 156. incapacitation the permanent incapacitation of the president of the republic shall be certified by a medical board, as defined by the law. the permanent incapacitation of the president of the republic shall be declared by the constitutional council. the constitutional council shall certify the death and the divestiture of office of the president of the republic. article 157. regime governing the interim period during the period in which the office of president of the republic is vacant, the constitution may not be altered. the interim president of the republic shall guarantee the functioning of the offices of the state and all other institutions, but shall not exercise the powers referred to in article 159 paragraphs (c), (e), (f), (g), (h) (i) and (j), article 160 paragraphs 1(b) and 1(c), article 161 paragraph 2(e) and article 162 (c). article 158. form of acts normative acts of the president of the republic shall take the form of presidential decrees, and other decisions shall take the form of presidential orders, and they shall be published in the boletim da república. chapter ii. powers article 159. general powers in the performance of his functions, the head of state shall have the power to: address the nation through messages and communications; inform the assembly of the republic every year on the general state of the nation; decide, in the terms of article 136, to call referenda on issues of major national interest; call a general election; dissolve the assembly of the republic in terms of article 188; dismiss all other members of government when its programme has been rejected by the assembly of the republic for the second time; appoint the president of the supreme court, the president of the constitutional council, the president of the administrative court and the vice president of the supreme court; appoint, exonerate and dismiss the attorney general of the republic and the deputy attorney general of the republic; grant pardons and commute sentences; confer, within the terms of the law, honorary titles, decorations and distinctions. article 160. in matters of government in matters of government activity, the president of the republic shall have power to: convene and preside at sessions of the council of ministers; appoint, exonerate and dismiss the prime minister; create ministries and ministerial commissions. in addition, he shall have power to appoint, exonerate and dismiss: the ministers and deputy-ministers; the provincial governors; the principals and vice-principals of state universities, on the recommendation of the respective management boards, in accordance with the law; the governor and vice-governor of the bank of mozambique; the secretaries of state. article 161. in matters of defence and public order in matters of national defence and of public order, the president of the republic shall have power to: declare a state of war and its termination, a state of siege, or a state of emergency; sign treaties; decree general or partial mobilisation; preside over the national council of defence and security; appoint, exonerate and dismiss the chief and deputy chief of the general staff, the general commander and deputy general commander of the police, the wing commanders of the armed forces of mozambique, and other officers of the defence and security forces in the terms established by law. article 162. in matters of international relations in matters of international relations, the president of the republic shall have power to: guide foreign policy; enter into international treaties; appoint, exonerate and dismiss ambassadors and diplomatic envoys of the republic of mozambique; receive the credentials of ambassadors and diplomatic envoys of other countries. article 163. enactment and veto the president of the republic shall have the power to enact laws and to order their publication in the boletim da república. bills shall be enacted into law within thirty days after being received or after notification of the decision delivered by the constitutional council that none of the provisions of the bill are unconstitutional. the president of the republic may, by order with reasons adduced, veto a bill and return it to the assembly of the republic for re-examination. should the bill, on re-examination, be approved by a two-thirds majority of the assembly of the republic, the president of the republic must enact it into law and order its publication. chapter iii. council of state article 164. definition and composition the council of state is a political body to advise the president of the republic. the council of state shall be presided over by the president of the republic and it shall have the following composition: the president of the assembly of the republic; the prime minister; the president of the constitutional council; the ombudsman; the former presidents of the republic who were not dismissed from office; the former presidents of the assembly of the republic; seven persons of recognised merit elected by the assembly of the republic, for the length of the legislative term, on the basis of parliamentary representation; four persons of recognised merit appointed by the president of the republic, for the term of his office; the runner-up of the presidential elections. article 165. taking office and status the members of the council of state shall take up office before the president of the republic. the members of the council of state shall continue to perform their functions while they remain in their respective offices. the members of the council of state shall enjoy such privileges, immunities and ceremonial treatment as the law may establish. article 166. powers the council of state shall, in general, advise the president of the republic on the performance of his functions whenever the president requests such advice, and it must, compulsorily, pronounce itself on: the dissolution of the assembly of the republic; the declaration of a state of war, a state of siege or a state of emergency; the holding of referenda, in the terms of article 159 (c) the calling of a general election. article 167. functioning the opinions of the council of state shall be issued at a meeting convened for this purpose and presided over by the president of the republic, and may be made public when the action to which they refer is carried out. meetings of the council of state shall not be public. the council of state shall establish its own bylaws. title vii. assembly of the republic chapter i. status and election article 168. definition the assembly of the republic is the representative assembly of all mozambican citizens. deputies shall represent the entire country and not only the area by which they were elected. article 169. functions the assembly of the republic is the highest legislative body in the republic of mozambique. the assembly of the republic determines the norms that conduct the functioning of the state and the economic and social life through laws and deliberations of generic character. article 170. election and composition the assembly of the republic shall be elected through direct, universal, equal and periodic suffrage and by secret and personal ballot. the assembly of the republic shall consist of two hundred and fifty deputies. candidates for election shall be political parties, either individually or in coalitions, and their respective lists may include citizens who are not party members. article 171. term of office of deputies the term of office of the deputies shall be the same as the legislative term, except in the event of resignation or loss of office. the suspension, substitution, resignation or loss of office of deputies shall be regulated by the statute of deputies. article 172. incompatibility the office of deputy shall be incompatible with the following offices: member of government; judicial officer in office; diplomat in active service; military and police officers in active service; provincial governor and district administrator; holders of offices in local authorities. the law shall establish any other incompatibilities. article 173. powers of deputies the deputies shall have the following powers: to exercise the right to vote; to present bills and proposals for resolutions and other decisions; to stand as candidates for offices of the assembly of the republic; to request and obtain from the government or from public institutions such data and information as are required for the performance of their functions; to put questions to the government; other powers assigned by the bylaws of the assembly of the republic. article 174. immunities no deputy may be arrested or detained except in the event of flagrante delicto, or put on trial without the consent of the assembly of the republic. if criminal proceedings are pending in which a deputy is the accused, the deputy shall be heard by a judge of appeal. deputies shall enjoy a special forum and shall be tried by the supreme court in terms of the law. article 175. non-liability the deputies of the assembly of the republic may not be sued, detained or put on trial for the opinions voiced or votes cast in exercising their functions as deputies. the above does not apply to civil or criminal liability for libel, defamation or slander. article 176. rights and privileges of deputies deputies shall enjoy the following rights and other privileges: a special identification card; free movement through public places with restricted access, when in the performance or because of their functions; support, co-operation, protection and facilities from public or military entities of the republic, for the purposes of the performance of their functions within the terms of the law; remuneration and subsidies established by law. deputies may not take part in judicial proceedings as witnesses or expert witnesses, unless this has been authorised by the assembly of the republic or by its standing commission. deputies shall also enjoy the other rights and privileges established by law. article 177. duties of deputies deputies shall have the following duties: to comply with the constitution and the laws; to comply with the statute of deputies; to respect the dignity of the assembly of the republic and its deputies; to attend plenary sessions and sessions of the commission of which he is a member; to take part in voting and in the work of the assembly of the republic. article 178. resignation and loss of office a deputy may resign from office within the terms of the law. deputies shall lose their office if they: have been definitively convicted of a felonious crime that carries a prison sentence of over two years; become a member of or take on functions in a party or coalition other than the one for which they were elected; do not take up a seat in the assembly of the republic, or exceed the number of absences established in the bylaws. loss of office shall also occur in the event of any ineligibility existing at the date of the elections and discovered subsequently, as well as any form of incapacity prescribed by law. chapter ii. powers article 179. powers the assembly of the republic shall have power to legislate on basic issues of the country’s domestic and foreign policy. the assembly of the republic shall have exclusive power to: pass constitutional laws; delimit the boundaries of the republic of mozambique; decide on territorial divisions; approve the electoral law and the rules for referenda; approve and terminate treaties dealing with issues within their jurisdiction; propose the holding of referenda on matters of national interest; endorse the suspension of constitutional guarantees and the declaration of state of siege or a state of emergency; ratify the appointment of the president of the supreme court, the president of the constitutional council, the president of the administrative court and the vice president of the supreme court; elect the ombudsman; decide on the government programme; decide on reports on the activities of the council of ministers; decide on the major options of the economic and social plan and the state budget and the respective reports on their implementation; approve the state budget; define defence and security policy, after consulting the national defence and security council; define the bases for tax policy and the tax system; authorise the government, while defining the general conditions, to contract and make loans and to carry out other credit transactions, for periods exceeding one financial year, and to establish the upper limit for guarantees that may be given by the state; define the statute for holders of sovereign public offices, holders of provincial offices and holders of offices in local authorities; decide on the general bases for the organisation and functioning of public administration; ratify decree-laws; ratify and terminate international treaties; ratify treaties on mozambique’s participation in international defence organisations; grant amnesties and pardons. with the exception of those powers stated in paragraph 2 of this article, the assembly of the republic may authorise the government to legislate on other matters in the form of decree-laws. the assembly of the republic shall also have power to: elect the president, the vice presidents and the standing commission; approve the bylaws of the assembly of the republic and the statute of deputies; set up commissions of the assembly of the republic and regulate their operation; create national parliamentary groups. article 180. laws delegating legislative authority laws delegating legislative authority shall define the purpose, intention, extent and duration of the authority. legislative authority may not be used more than once, without prejudice to cases where its implementation is broken down into parts or where it has been extended. legislative authority shall expire at the end of the legislative term or on the dissolution of the assembly of the republic. the government shall publish authorised legislative acts by the last day of the time limit stipulated in the authorising legislation, which shall commence on the date of its publication. article 181. decree-laws a decree-law passed by the council of ministers under the authority of authorising legislation shall be deemed ratified if its ratification is not demanded by a minimum of fifteen deputies during the session of the assembly of the republic held immediately after its publication. the assembly of the republic may wholly or partially suspend the legal force of a decree-law until it has been evaluated. the suspension shall expire if by the end of the session the assembly has not pronounced on the matter. refusal to ratify shall result in revocation. article 182. form of acts legislative acts of the assembly of the republic shall take the form of laws, and its other decisions shall take the form of resolutions, and they shall be published in the boletim da república. article 183. legislative initiative legislative initiative shall belong to: the deputies; the parliamentary benches; the commissions of the assembly of the republic; the president of the republic; the government. the deputies and the parliamentary benches may not propose bills which, directly or indirectly, involve an increase in state expenditure or a reduction in state revenue, or which in any way change the financial year in progress. article 184. rules for debate and voting debate of legislative proposals and bills, and of proposed referenda, shall consist of a general first reading and a specialised second reading. voting shall consist of a vote on the first reading, a vote on the second reading and a final overall vote. if the assembly so resolves, texts approved on the first reading shall be put to the commissions for a vote on the second reading, without prejudice to the power of the assembly to recall them and put them to a final plenary vote for overall approval. chapter iii. organisation and functioning article 185. legislative term the legislative term shall be of five years and it shall commence with the first session of the assembly of the republic held after the elections and terminate with the first session of the newly elected assembly. the first session of the assembly of the republic shall take place within twenty days after the election results have been announced and validated. article 186. parliamentary sessions the assembly of the republic shall meet in ordinary session twice each year, and in extraordinary session whenever requested by the president of the republic, by the standing commission or by at least one third of the deputies. article 187. quorum and decision making the assembly of the republic may deliberate and make decisions only when more than half of its deputies are present. decisions of the assembly of the republic shall be carried by more than half of the votes of the deputies present. matters relating to the statute of the opposition shall be carried by a majority of two thirds of the votes of the deputies. article 188. dissolution the president of the republic may dissolve the assembly of the republic if it rejects the government programme, after debate. the president of the republic shall call new legislative elections, in the terms of the constitution. article 189. restrictions on dissolution the assembly of the republic may not be dissolved in the event of a state of siege or a state of emergency, during the course of such a state, or until sixty days after it has terminated. a dissolution carried out contrary to the provisions of the preceding paragraph shall be of no legal effect whatsoever. the dissolution of the assembly of the republic shall not bring to an end the term of office of its deputies nor the powers and functions of the standing commission, which shall subsist until the first session of the new elected assembly. in the event of dissolution, the new assembly shall begin a new legislative term, which shall endure for the remainder of the previous legislative term. article 190. president of the assembly of the republic the assembly of the republic shall elect from among its members a president of the assembly of the republic. the head of state shall convene and chair the session at which the election of the president of the assembly of the republic takes place. the president of the assembly of the republic shall be sworn into office by the president of the constitutional council. the president of the assembly of the republic is answerable to the assembly of the republic. article 191. powers of the president of the assembly of the republic the president of the assembly of the republic shall have power to: convene and chair sessions of the assembly of the republic and of its standing commission; ensure compliance with the decisions of the assembly of the republic; sign laws of the assembly of the republic and submit them for enactment; sign and order the publication of resolutions of the assembly of the republic; represent the assembly of the republic on a domestic and international level; promote institutional relations between the assembly of the republic and the provincial assemblies, in accordance with the rules in their bylaws; exercise any other powers established by the constitution and the bylaws; article 192. vice presidents of the assembly of the republic the assembly of the republic shall elect from among its members vice presidents nominated by the parties with the greatest parliamentary representation. in the case of absence or disability of the president of the assembly of the republic, his functions shall be exercised by the vice presidents. article 193. standing commission the standing commission is the body of the assembly of the republic that coordinates the activities of the assembly in plenary sitting and of its commissions and national parliamentary groups. the standing commission of the assembly of the republic shall be composed of the president, the vice presidents and other deputies elected in the terms of the law, on the recommendation of the parliamentary benches, according to their degree of representation. the representatives referred to in the preceding paragraphs shall have the same number of votes in the standing commission as that of the benches that they represent. the standing commission of the assembly of the republic shall sit during the intermissions of the plenary sessions, and at other times established in the constitution and the law. article 194. permanence at the end of the legislative term or in the event of dissolution, the standing commission of the assembly of the republic shall remain in office until the founding session of the newly elected assembly. article 195. powers the standing commission of the assembly of the republic shall have power to: exercise the powers of the assembly of the republic with respect to the terms of office of the deputies; ensure compliance with the constitution and the laws, and monitor the activity of the government and the public administration; give its prior opinion on the declaration of war; authorise or confirm, subject to ratification, declarations of states of siege and states of emergency, whenever the assembly of the republic is not in session; conduct the relations between the assembly of the republic and parliaments and similar institutions in other countries; authorise the president of the republic to make state visits abroad; establish commissions of inquiry of an urgent nature, during intermissions between plenary sessions of the assembly of the republic; prepare and organise sessions of the assembly of the republic; exercise such other functions as are conferred by the bylaws of the assembly of the republic; conduct the work of the plenary sessions; announce the loss of office and resignation of deputies, as well as suspensions, in terms of the constitution and the bylaws of the assembly of the republic; decide on questions of interpretation of the bylaws of the assembly of the republic during intermissions between plenary sessions; integrate the initiatives of deputies, the benches or the government in the work of each session; support the president of the assembly of the republic in the administrative and financial management of the assembly. article 196. parliamentary benches the deputies elected by each political party may set up a parliamentary bench. the formation and organisation of benches shall be provided for in the bylaws of the assembly of the republic. article 197. powers of the parliamentary benches the parliamentary benches shall have the following powers: to present candidates for the office of president of the assembly of the republic; to propose candidates for vice president of the assembly of the republic; to nominate candidates for the standing commission of the assembly of the republic; to nominate candidates for commissions of the assembly of the republic; to exercise legislative initiative; to call for debate on current and urgent issues of national interest, with the presence of the government; to call for the formation of parliamentary commissions of inquiry; to call for debate on urgent issues that are not on the agenda; to request information from and put questions to the government. each parliamentary bench shall be entitled to have access to places of work within the assembly of the republic, as well as to technical and administrative staff, in terms of the law. article 198. government five-year programme at the beginning of the legislative term, the assembly of the republic shall evaluate the government programme. the government may present a revised programme that takes into account the outcomes of the debate. article 199. participation of members of government in the sessions the prime minister and the ministers shall be entitled to attend the plenary sessions of the assembly of the republic, and shall have the right to speak, in accordance with the bylaws. at plenary sessions of the assembly of the republic, the attendance of the member or members of government that have been summoned shall be mandatory. title viii. government chapter i. definition and composition article 200. definition the government of the republic of mozambique is the council of ministers. article 201. composition the council of ministers shall consist of the president of the republic, who shall preside, the prime minister and the ministers. deputy ministers and secretaries of state may be summoned to take part in meetings of the council of ministers. article 202. convocation and chairmanship in discharging its functions, the council of ministers shall do so in accordance with the decisions of the president of the republic and of the assembly of the republic. the council of ministers shall be convened and chaired by the prime minister, to whom this power is delegated by the president of the republic. government policies shall be formulated by the council of ministers in sessions led by the president of the republic. chapter ii. powers and responsibilities article 203. functions the council of ministers shall secure the administration of the country, shall guarantee its territorial integrity, shall safeguard public order and the security and stability of citizens, shall promote economic development, shall implement the state’s social agenda, shall develop and consolidate legality and shall carry out the country’s foreign policy. the defence of public order shall be guaranteed by the appropriate entities operating under government control. article 204. powers in particular, the council of ministers shall have the power to: guarantee the enjoyment by citizens of their rights and freedoms; secure public order and social discipline; draft bills to be submitted to the assembly of the republic; pass decree-laws under the legislative authority of the assembly of the republic; prepare the economic and social plan and the state budget and implement them after they have been approved by the assembly of the republic; promote and regulate economic activity and the activity of social sectors; prepare the signature of international treaties and sign, ratify, adhere to and terminate international agreements, in matters that are within their governmental jurisdiction; direct labour and social security policy; direct the state sectors, particularly education and health; direct and promote housing policy. the council of ministers shall also have power to: guarantee the defence and consolidation of the public domain and property of the state; direct and co-ordinate the activities of the ministries and other offices subordinate to the council of ministers; evaluate the experiences of local executive offices and regulate their organisation and functioning, and supervise the offices of the local authorities within the terms of the law; encourage and support entrepreneurial activity and the exercise of private initiative, and protect the interests of consumers and of the general public; promote the development of co-operatives and support family sector production. the government shall have exclusive legislative initiative in respect of matters concerning its own organisation, composition and functioning. article 205. powers of the prime minister without prejudice to other attributes conferred upon him by the president of the republic and by law, the prime minister shall assist and advise the president of the republic in the running of government. in particular, the prime minister shall have power to: assist the president of the republic in drawing up the government programme; advise the president of the republic on the creation of ministries and ministerial commissions, and on the appointment of members of the government and other governmental heads; draft the government’s plan of work and present it to the president of the republic; ensure that members of the government implement decisions taken by state offices; chair the meetings of the council of ministers dealing with the implementation of defined policies and other decisions; co-ordinate and control the activities of ministries and other governmental institutions; supervise the technical and administrative operations of the council of ministers. article 206. relationship with the assembly of the republic in his relations with the assembly of the republic, the prime minister shall have power to: present to the assembly of the republic the government’s programme, the draft economic and social plan and the draft state budget; present government implementation reports; express the government’s positions to the assembly of the republic. in the exercise of these functions, the prime minister shall be assisted by members of the council of ministers, whom he shall have designated. article 207. accountability of the council of ministers the council of ministers shall be answerable to the president of the republic and to the assembly of the republic on the implementation of domestic and foreign policy, and shall be accountable to them for its actions in the terms of the law. article 208. political accountability of members of government the members of the council of ministers shall be accountable to the president of the republic and to the prime minister for the enforcement of the decisions of the council of ministers within their areas of jurisdiction. article 209. collective responsibility the members of the government shall be bound by the government programme and by the decisions of the council of ministers. article 210. form of acts normative acts of the council of ministers shall take the form of decree-laws and decrees. the decree-laws and decrees referred to in the preceding paragraph shall indicate the law under the authority of which they were passed. the president of the republic shall sign and order the publication of decreelaws, and the prime minister shall sign and order the publication of other decrees of the government. all other government acts shall take the form of resolutions. article 211. immunities no member of government may be arrested or detained without the permission of the president of the republic, unless apprehended in the act of committing a felonious crime that carries a sentence of long-term imprisonment. in the event that criminal proceedings are brought against a member of government, and the member has been definitively charged, the president of the republic shall decide whether or not the member should be suspended for the purposes of the proceedings, and a decision to suspend shall be mandatory when the crime in question is of the type referred to in the preceding paragraph. title ix. courts chapter i. general principles article 212. jurisdictional function it shall be the function of the courts to guarantee and strengthen the rule of law as an instrument of legal stability, to guarantee respect for the laws, to safeguard the rights and freedoms of citizens, as well as the vested interests of other bodies and entities that have legal existence. the courts shall punish violations of the legal order and shall adjudicate cases in accordance with the law. the law may establish institutional and procedural mechanisms for links between courts and other forums whose purpose is the settlement of interests and the resolution of disputes. article 213. educational function the courts shall educate citizens and the public administration in the voluntary and conscientious observance of laws, thereby establishing a just and harmonious social community. article 214. unconstitutionality in matters brought before them for decision, the courts shall not apply laws or principles that are contrary to the constitution. article 215. court decisions court decisions shall be binding on all citizens and other legal persons, and these decisions shall take precedence over the decisions of other authorities. article 216. participation of elected magistrates elected magistrates may take part in trials, in the terms of the law. elected magistrates shall only take part in first instance judgements and in decisions on questions of fact. participation of elected magistrates shall be compulsory in cases where the procedural law requires it, or when the trial judge so decides, when the public prosecution service recommends it or when the parties request it. the law shall establish the manner in which the magistrates referred to in this article are elected, as well as the duration of their terms of office. chapter ii. statute of judges article 217. independence of judges in the exercise of their functions, judges shall be independent and shall owe obedience only to the law. judges shall likewise be impartial and unaccountable. judges shall be irremovable, inasmuch as they cannot be transferred, suspended, retired or dismissed, except in the cases established by law. article 218. responsibility judges may be held responsible in civil, criminal and disciplinary proceedings for acts committed in the discharge of their duties only in cases specified by law. the removal of a professional judge from the bench may take place only under legally established terms. article 219. incompatibility judges in office may not undertake any other public or private activity, except for teaching, legal research or other activities of scientific, literary, artistic and technical dissemination or publication, with prior authorisation from the superior council of the judiciary. article 220. superior council of the judiciary the superior council of the judiciary shall be the body responsible for the management and discipline of the judiciary. article 221. composition the superior council of the judiciary shall be composed of: the president of the supreme court; the vice president of the supreme court; two members appointed by the president of the republic; five members elected by the assembly of the republic, according to principles of proportional representation; seven members of the judiciary in different categories, all of whom shall be elected by their peers in the terms of the statute of judges. the superior council of the judiciary shall be presided over by the president of the supreme court, who shall be substituted, in cases of absence or disability, by the vice president of the supreme court. the superior council of the judiciary shall incorporate officers of justice elected by their peers for discussion and deliberation on matters related to professional merit and to the exercise disciplinary authority over them, in terms to be established by law. the law shall regulate all other matters in respect of the powers, organization and functioning of the superior council of the judiciary. article 222. powers the superior council of the judiciary shall have power to: nominate, appoint, transfer, promote, exonerate and evaluate professional merit, take disciplinary action and, in general, carry out all acts of the same nature in relation to members of the judiciary; evaluate professional merit and take disciplinary action in relation to officers of justice, without prejudice to the disciplinary powers assigned to judges; propose extraordinary inspections, inquiries and investigations to the courts; give opinions and make recommendations on the policy of the judiciary, on its own initiative or at the request of the president of the republic, the president of the assembly of the republic or the government. chapter iii. organisation of the courts section i. categories or courts article 223. categories of courts in the republic of mozambique, there shall be the following courts: the supreme court; the administrative court; the courts of justice. there may be administrative courts, labour courts, fiscal courts, customs courts, admiralty courts, arbitration courts and community courts. the powers, organisation and functioning of the courts referred to in the preceding paragraph shall be established by law, which may provide for a hierarchical order among courts from provincial courts to the supreme court. the courts of justice shall have common jurisdiction in civil and criminal matters and shall exercise their jurisdiction over all areas not assigned to other jurisdictional orders. at first instance, there may be courts of special jurisdiction and specialized courts to adjudicate particular matters. the establishment of courts with exclusive jurisdiction to try specific categories of crimes shall not be permitted, subject to the provisions on courts martial. article 224. courts martial courts martial with jurisdiction to try crimes of a strictly military nature shall be established during times of war. section ii. supreme court article 225. definition the supreme court shall be the highest body within the hierarchy of courts of justice. the supreme court shall ensure the uniform application of the law within its sphere of jurisdiction, in the interests of the mozambican people. article 226. composition the supreme court shall be composed of judges of appeal, whose number shall be established by law. the president of the republic shall nominate the president and the vice president of the supreme court, after consultation with the superior council of the judiciary. judges of the supreme court shall be nominated by the president of the republic on the recommendation of the superior council of the judiciary, on the basis of their curricula, after a public tender open to judges and other national citizens of reputed merit, all of whom shall hold degrees in law and be in full possession of their civil and political rights. at the time of their appointment, judges of the supreme court shall be of at least thirty-five years of age and shall have at least ten years of experience at the bar or in teaching law, and all other requirements shall be fixed by law. article 227. functioning the supreme court shall sit: in divisions, as a court of first instance and as a court of appeal; in plenary session, sitting either as a court of appeal or as a court of sole instance, in cases expressly provided for in the law. section iii. administrative court article 228. definition the administrative court shall be the highest body in the hierarchy of administrative, customs and fiscal courts. the administrative court shall control the legality of administrative acts and the application of rules and regulations issued by the public administration, and it shall scrutinise the legality of public expenditure and the enforcement of liability for financial infractions. article 229. composition the administrative court shall be composed of judges of appeal, whose number shall be established by law. the president of the republic shall nominate the president of the administrative court, after consultation with the superior council of the administrative judiciary. judges of the administrative court shall be nominated by the president of the republic on the recommendation of the superior council of the administrative judiciary. at the time of their appointment, judges of the administrative court shall be of at least thirty-five years of age and shall meet all other requirements established by law. article 230. powers in particular, the administrative court shall: adjudicate cases concerning disputes arising from administrative legal relations; adjudicate appeals lodged against decisions of state offices and of their office holders and agents; hear appeals lodged against judgements delivered by administrative, fiscal and customs courts. the administrative court shall also: issue a report and opinion on the general state account; carry out prior scrutiny of the legality of, and budget cover for, acts and contracts that are subject to administrative court jurisdiction; scrutinise public moneys successively and concomitantly; supervise the use of financial resources obtained abroad, namely, through loans, grants, sureties and donations. article 231. organisation and functioning the law shall regulate the organisation and functioning of the administrative court, as well as all other matters related to its powers and jurisdiction. article 232. superior council of the administrative judiciary the superior council of the administrative judiciary shall be the body responsible for the management and discipline of the administrative, fiscal and customs judiciary. the law shall regulate the organisation, composition and functioning of the superior council of the administrative judiciary. article 233. incompatibility administrative court judges in office may not undertake any other public or private activity, except for teaching, legal research or other activities of scientific, literary, artistic and technical dissemination or publication, with prior authorization from the superior council of the administrative judiciary. title x. public prosecution service article 234. definition the public prosecution service shall constitute a hierarchically organized magistracy, which is subordinate to the attorney general of the republic. in the exercise of their functions, the judicial officers and agents of the public prosecution service shall be subject to the criteria of legality, objectivity, impartiality and exclusive obedience to the directives and orders prescribed by law. the public prosecution service shall enjoy its own statute and autonomy, within the terms of the law. article 235. nature the public prosecution service shall comprise a magistracy, the office of the attorney general of the republic and subordinate offices. article 236. functions the public prosecution service shall represent the state and defend such interests as the law may determine, and it shall control the legality and duration of detentions, shall conduct the institution of criminal proceedings, shall exercise penal authority, and shall ensure the legal defence of minors and absent or incapacitated persons. article 237. office of attorney general of the republic the office of the attorney general shall be the highest office of the public prosecution service, and its organisation, composition and powers shall be defined by law. the attorney general of the republic, assisted by the deputy attorney general of the republic, shall head the office of the attorney general. article 238. superior council of the public prosecution service the office of the attorney general of the republic shall include the superior council of the public prosecution service, which shall include members elected by the assembly of the republic, and members elected by the judicial officers of the public prosecution service from among their number. the superior council of the public prosecution service shall be the body responsible for the management and discipline of the public prosecution service. the law shall regulate the organisation, composition and functioning of the superior council of the public prosecution service. article 239. attorney general and deputy attorney general of the republic the attorney general and the deputy attorney general of the republic shall be appointed by the president of the republic for a period of five years, from among persons who shall hold degrees in law and shall have at least ten years of professional experience in the judiciary or practice at the bar or in teaching law, and their terms of office may not be terminated otherwise than by: resignation; exoneration; dismissal; compulsory retirement consequent to disciplinary or criminal proceedings; acceptance of a position or office which is incompatible with the exercise of his functions. the attorney general of the republic shall be accountable to the head of state. the attorney general of the republic shall report annually to the assembly of the republic. article 240. deputy attorneys general the deputy attorneys general shall represent the public prosecution service before the divisions of the supreme court and the administrative court, and their office shall be the highest office in the magistracy of the public prosecution service. deputy attorneys general shall be nominated by the president of the republic on the recommendation of the superior council of the public prosecution service, on the basis of their curricula, after a public tender open to national citizens of reputed merit, who shall hold degrees in law and be in full possession of their civil and political rights and who, at the time of the tender, shall be of at least thirty-five years of age and shall have at least ten years of experience in the legal profession or in teaching law. title xi. constitutional council article 241. definition the constitutional council is a sovereign public office with special jurisdiction to administer justice in matters of a legal-constitutional nature. the law shall determine the organisation, the functioning, the procedures for scrutiny and control of constitutionality and of the legality of normative acts, and all other powers of the constitutional council. article 242. composition the constitutional council shall consist of seven judges of appeal, appointed in the following manner: one judge of appeal, who shall be the president of the constitutional council, appointed by the president of the republic; five judges of appeal appointed by the assembly of the republic according to principles of proportional representation; one judge of appeal appointed by the superior council of the judiciary. judges of the constitutional council shall be appointed for renewable terms of five years and they shall enjoy a guarantee of independence, security of tenure, impartiality and unaccountability. at the time of their appointment, judges of the constitutional council shall be of at least thirty-five years of age and shall have at least ten years of professional experience in the judiciary or in practice at the bar or in teaching law. article 243. incompatibility judges of the constitutional council in office may not undertake any other public or private activity, except for teaching, legal research, or other activities of scientific, literary, artistic and technical dissemination or publication, with prior authorisation from the relevant body. article 244. powers the constitutional council shall have power to: evaluate and declare the unconstitutionality of laws and the illegality of normative acts of state offices; settle conflicts of jurisdiction between the sovereign public offices; make prior evaluations of the constitutionality of referenda. the constitutional council shall also: verify the legal prerequisites required of candidates for the office of president of the republic; pronounce upon the permanent incapacity of the president of the republic; verify the death and the divestiture of the president of the republic; evaluate electoral complaints and appeals in the last instance, and validate and proclaim electoral results, in the terms of the law; decide, in the last instance, on the legality of the establishment of political parties and coalitions, as well as evaluate the legality of their names, acronyms and symbols, and order their dissipation in the terms of the constitution and the laws; adjudicate actions contesting elections and the deliberations of political parties, as well as the legality of their names, acronyms and symbols; adjudicate actions concerning disputes about the terms of office of deputies; adjudicate actions concerning incompatibilities established in the constitution and in the law. the constitutional council shall exercise such other powers as may be assigned to it in terms of the law. article 245. request for evaluation of unconstitutionality the constitutional council shall with, general binding force, evaluate and pronounce upon the unconstitutionality of laws and the illegality of other normative acts of state offices, at any time during which they are in force. the following may request the constitutional council to pronounce upon the unconstitutionality of laws, or on the illegality of normative acts of state offices: the president of the republic; the president of the assembly of the republic; at least one third of the deputies of the assembly of the republic; the prime minister; the attorney general of the republic; the ombudsman; two thousand citizens. the law shall establish rules on the admission of actions for the evaluation of unconstitutionality. article 246. anticipatory finding of constitutionality the president of the republic may request the constitutional council to carry out an anticipatory evaluation of the constitutionality of any legal instrument sent to him for enactment. anticipatory evaluation of constitutionality shall be requested within the time limit established in article 163 (2). when an evaluation of constitutionality has been requested, the time limit for enactment shall be interrupted. if the constitutional council finds that there is no unconstitutionality, the new time limit for enactment shall run from the date upon which the president of the republic is informed of the decision of the constitutional council. if the constitutional council makes a finding of unconstitutionality, the president of the republic shall veto the bill and return it to the assembly of the republic. article 247. appeals supreme court decisions harmonising questions of law and other decisions made on grounds of unconstitutionality must be referred to the constitutional council in the following cases: in the event of a refusal to apply any rule on grounds of its unconstitutionality; when the attorney general of the republic or the public prosecution service requests an abstract evaluation of the constitutionality or legality of a rule whose application has been refused, on grounds of unconstitutionality or illegality, by judicial decision from which there is no appeal. the law shall regulate the rules on admissibility of appeals contemplated in this provision. article 248. judgements binding and unappealable judgements of the constitutional council shall be binding on all citizens, institutions and other legal persons, they shall not be subject to appeal and they shall prevail over other decisions. a person who fails to comply with the judgements referred to in this article shall be guilty of the criminal offence of contempt, unless a more serious crime applies. the decisions of the constitutional council shall be published in the boletim da república. title xii. public administration, police, ombudsman and local state bodies chapter i. public administration article 249. fundamental principles the public administration shall serve the public interests and, in the discharge of its functions, shall respect the fundamental rights and freedoms of citizens. the offices and agents of the public administration shall owe obedience to the constitution and the law, and shall act with respect for the principles of equality, of impartiality, of ethics and of justice. article 250. structure the public administration shall be structured on the basis of the principle of decentralisation and de-concentration, thereby encouraging the modernisation and efficiency of its services, without prejudice to unified action and the directive powers of government. the public administration shall promote the simplification of administrative procedures, and shall make public services more accessible to citizens. article 251. access and statute of officers access to public office shall not be obstructed on grounds of colour, race, sex, religion, ethnic or social origin, or party-political preference, and shall adhere strictly to the criteria of the merit and ability of applicants. the law shall regulate the statute of officers and other agents of the state, as well as the incompatibilities and the guarantees of impartiality in the exercise of public offices. article 252. hierarchy in the exercise of their functions, officers and other agents of the state shall owe obedience to their hierarchical superiors in terms of the law. the duty of obedience shall cease whenever to discharge it would involve the commission of a crime. article 253. rights and guarantees of citizens citizens shall have the right to receive information from the competent public administration services, whenever they request it, on the progress of processes in which they have a direct interest, in terms of the law. interested parties shall be notified of administrative acts within the terms and the time limits established by law, and reasons for these acts shall be given whenever they affect the rights or interests of legally entitled citizens. interested citizens shall be guaranteed the right to judicial appeal against the illegality of administrative acts that endanger their rights. chapter ii. police article 254. definition the function of the police, in collaboration with other state institutions, shall be to guarantee law and order, to safeguard the security of persons and property, to keep public peace and to ensure respect for the democratic rule of law and the strict observance of the fundamental rights and freedoms of citizens. the police shall not adhere to any particular party. in the exercise of its functions, the police shall owe obedience to the law and shall serve citizens and public and private institutions with impartiality and independence. article 255. command and organisation the police of the republic of mozambique shall be headed by a commander-general. the law shall establish the general organisation of the police and shall determine its branches, its functions, its structure and the rules regarding admission into the police. chapter iii. ombudsman article 256. definition the ombudsman is an office established to guarantee the rights of citizens and to uphold legality and justice in the actions of the public administration. article 257. election the ombudsman shall be elected by a two-thirds majority of the deputies of the assembly of the republic, for a term which shall be determined by law. article 258. independence the ombudsman shall be independent and impartial in the exercise of his functions and he shall owe obedience only to the constitution and the laws. the ombudsman shall provide report annually on his activity to the assembly of the republic. article 259. powers the ombudsman shall investigate the cases submitted to him. he shall not have power to make decisions about the cases, but shall submit recommendations to the appropriate offices to correct or prevent illegalities or injustices. if the investigations of the ombudsman lead to the conclusion that the public administration has committed serious mistakes, irregularities or violations, he shall inform the assembly of the republic, the attorney general of the republic and the central or local authority, with recommendations for pertinent measures. article 260. duty to collaborate the offices and agents of the public administration shall be under a duty to collaborate with the ombudsman in the exercise of his functions, should he so request. article 261. statute, procedures and organisation the law shall determine all other aspects pertaining to the statute, the procedures, and the organisational structure supporting the ombudsman. chapter iv. local state bodies article 262. definition the function of local state bodies shall be to represent the state at local level, in the administration and development of their respective territories, and they shall contribute to national integration and unity. article 263. organisational principles the organisation and operation of local state bodies shall adhere to the principles of decentralisation and de-concentration, without prejudice to unified action and the directive powers of government. in their operation, local state bodies shall promote the use of available resources, ensure the active participation of citizens and encourage local initiative in solving problems of their communities. in their actions, local state bodies shall respect the attributes, powers and autonomy of local authorities. so that it may exercise its particular powers, the state shall ensure that it is represented in the territorial constituency of every local authority. the law shall establish institutional mechanisms for liaison with local communities, and it may delegate to local communities certain functions that are within the powers of the state. article 264. functions local state bodies shall, within their respective territories, and without prejudice to the autonomy of local authorities, ensure that economic, cultural and social programmes and tasks of local and national interest are implemented, in accordance with the constitution and with the decisions of the assembly of the republic, the council of ministers, and higher ranking state offices. the organisation, functioning and powers of the local state bodies shall be regulated by law. title xiii. national defence and national defence and security council chapter i. national defence article 265. fundamental principles the state’s national defence and security policy shall seek to defend national independence, to preserve the sovereignty and the integrity of the country, and to guarantee the normal functioning of institutions and the security of citizens against any armed aggression. article 266. defence force and security service the defence force and the security service shall be subordinate to national defence and security policy and shall owe allegiance to the constitution and to the nation. the oath taken by members of the state’s defence force and security service shall establish the duty to respect the constitution, to protect institutions and to serve the people. the state’s defence force and security service shall not adhere to any party and they shall abstain from taking positions or taking part in actions that could threaten their internal cohesion and national unity. the state’s defence force and security service shall owe special obedience to the president of the republic, in his capacity as commander-in-chief. article 267. defence of the motherland, military service and civic service it shall be the sacred duty and the honour of all mozambican citizens to participate in the defence of independence, of sovereignty and of territorial integrity. military service shall be rendered in terms of the law within units of the mozambique armed defence forces. the law shall establish a civic service to substitute or complement military service for all citizens who are not subject to military duties. exemptions from military service shall be established by law. chapter ii. national defence and security council article 268. definition and composition the national defence and security council shall be the state consultative body for matters pertaining to national sovereignty, territorial integrity, the defence of democratically established authority, and security. the national defence and security council shall be presided over by the president of the republic and the law shall determine its composition, which shall include two members appointed by the president of the republic and five members appointed by the assembly of the republic. article 269. powers the national defence and security shall have the following powers, in particular: to pronounce upon a state of war before such is declared; to pronounce upon the suspension of constitutional guarantees and the declaration of a state of siege or of a state of emergency; to issue an opinion on the criteria and conditions governing the use of total or partial protection zones for the purposes of defence and security of the national territory; to analyse and monitor the initiatives of other state offices aimed at guaranteeing the consolidation of national independence, the strengthening of democratic political power, and the maintaining of law and order; to pronounce upon overseas peace missions. article 270. organisation and functioning the organisation and functioning or the national defence and security council shall be established by law. title xiv. local administration article 271. objectives the objective of local administration shall be to organise the participation of citizens in solving the particular problems of their community, to promote local development, and to promote the deepening and the consolidation of democracy, within the framework of unity of the mozambican state. local administration shall rest on the initiative and the capacity of the people and shall act in strict collaboration with organisations in which the citizens participate. article 272. local authorities local administration shall consist of local authorities. local authorities shall be bodies corporate governed by public law, endowed with their own representative bodies, and their purpose shall be to pursue the interests of the local population, without prejudice to national interests and to the role of the state. article 273. categories of local authorities local authorities shall be municipalities and settlements. the municipalities shall correspond to the territorial constituency of towns and cities. the settlements shall correspond to the territorial constituency of administrative posts. the law may establish other categories of local authorities, which may be either greater or smaller than the territorial constituencies of municipalities or settlements. article 274. creation and dissipation of local authorities the creation and dissipation of local authorities shall be regulated by law, and changes to the area of a particular local authority shall be preceded by consultation with its bodies. article 275. executive and decision making bodies the local authorities shall possess and assembly endowed with decisionmaking powers, and an executive body, which shall be accountable to the assembly, in terms of the law. the assembly shall be elected through universal, direct, equal and periodic suffrage and by secret and personal ballot, by the voters living within the territorial constituency of the local authority, according to the system of proportional representation. the executive body shall be headed by a president, elected through universal, direct, equal and periodic suffrage and by secret and personal ballot, by the voters living with the respective territorial constituency. candidates for election to offices of the local authorities may be proposed by political parties, either individually or as coalitions, or by groups of voters, within the terms of the law. the organisation, the composition and the functioning of the executive bodies shall be defined by law. article 276. local property and revenue local authorities shall have their own property and revenue. the law shall determine the property of local authorities and shall establish a local revenue system that guarantees the fair distribution of public resources and ensures that necessary adjustments are made to correct the imbalances between them, subject to the higher interests of the state. the law shall define the forms of technical and human support given by the state to the local authorities, without prejudice to their autonomy. article 277. administrative supervision the local authorities shall be subject to the administrative supervision of the state. administrative supervision over local authorities shall consist of verifying the legality of administrative acts of local authorities, within the terms of the law. supervisory power may also be exercised with respect to the merit of administrative acts, but only in cases and within the terms expressly established by law. local authority bodies may only be dissolved, even when pursuant to direct elections, as a result of serious legal acts or omissions, as provided for by and in accordance with the terms of the law. article 278. regulatory powers local authorities shall have their own regulatory powers, within the limits of the constitution and of the laws and regulations issued by authorities with supervisory power over them. article 279. staff of local authorities local authorities shall have their own staff, in accordance with the law. the regime governing officers and agents of the state shall be applicable to officers and agents of local administration. article 280. organisation the law shall guarantee the forms of organisation that the local authorities may adopt to further common interests. article 281. term of office the law shall govern the resignation and loss of office of elected members of local authority bodies. title xv. constitutional guarantees chapter i. states of siege and of emergency article 282. states of siege or of emergency a state of siege or of emergency may be declared, in the whole or in part of the territory, only in cases of actual or imminent aggression, cases of disruption of or serious threat to the constitutional order, or in the event of a public disaster. the declaration of a state of siege or of emergency shall be reasoned and shall specify which freedoms and guarantees have been suspended or restricted. article 283. choice of declaration when the circumstances giving rise to the declaration are of a less serious nature, a declaration of emergency shall be chosen, provided that the principle of proportionality shall be respected in all cases, and the duration and extent of the measures used shall be limited to what is strictly necessary for the prompt restoration of constitutional normality. article 284. duration the duration of a state of siege or of emergency shall not exceed thirty days, which may be extended for the same period up to three times, if the reasons for the declaration persist. article 285. the declaration process having declared a state of siege or of emergency, the president of the republic shall, within twenty-four hours, submit the declaration together with the reasons for it to the assembly of the republic for the purposes of ratification. if the assembly of the republic is not in session, an extraordinary session shall be convened and should meet within a maximum period of five days. the assembly of the republic shall evaluate and decide on the declaration within a maximum period of forty eight hours, and may remain in session while the state of siege or of emergency is in place. article 286. limits of the declaration the declaration of a state of siege or a state of emergency shall in no event restrict or suspend the right to life, the right to personal integrity, the right to civil capacity and to citizenship, the non-retroactivity of criminal law, the right of accused persons to a defence, and freedom of religion. article 287. restrictions on individual freedoms under a state of siege or a state of emergency, the following measures restricting personal freedoms may be taken: obligation to remain in a certain place; detention; detention in buildings not intended for persons accused or convicted of common crimes; restrictions relating to the inviolability of correspondence, the confidentiality of communication, the provision of information and the freedom of the press and of radio and television broadcasting; home search and apprehension; suspension of the freedom of assembly and demonstration; requisitions of goods and services. article 288. detention detentions carried out under a state of siege or of emergency shall adhere to the following principles: a relative or trusted acquaintance of the detainee, indicated by the detainee, shall be notified immediately and informed about the applicable legal rules within a period of five days; the name of the detainee and the legal basis for his detention shall be made public within five days; the detainee shall come before a judge within a maximum of ten days. article 289. functioning of the sovereign public offices the declaration of a state of siege or a state of emergency must not affect the application of the constitution in respect of the powers and the functioning of the sovereign public offices, or in respect of the rights and immunities of the respective office holders or members. article 290. termination upon the termination of a state of siege or of emergency, the president of the republic shall address a message to the assembly of the republic, giving detailed information about the measures taken under it and a list of the names of all citizens affected. the termination of the state of siege or of emergency shall bring its effects to an end, but this shall not affect responsibility for unlawful acts committed by agents or persons who implemented it. chapter ii. amending the constitution article 291. initiative proposals to amend the constitution shall be introduced on the initiative of the president of the republic or of at least one third of the deputies of the assembly of the republic. proposed amendments to the constitution shall be laid before the assembly of the republic ninety days before the opening of debate. article 292. restrictions as to subject matter constitutional amendment laws shall have to respect the following: the independence, the sovereignty and the unity of the state; the republican form of government; the separation between religious denominations and the state; the fundamental rights, freedoms and guarantees; universal, direct, secret, personal, equal and periodic suffrage for the appointment of elective sovereign public offices and elective offices of local administration; pluralism of expression and of political organisation, including political parties and the right of democratic opposition; the separation and interdependence of the sovereign public offices; the scrutiny of constitutionality; the independence of the judiciary; the autonomy of local authorities; the rights of workers and trade unions; the rules governing nationality, which cannot be amended in such a way as to restrict or remove rights of citizenship. amendments pertaining to the matters listed in the preceding paragraph must, obligatorily, be submitted to a referendum. article 293. restrictions as to time the constitution may only be amended after five years have passed since the last amending legislation entered into force, except when a decision to assume extraordinary amending powers has been passed by a majority of three quarters of the deputies in the assembly of the republic. article 294. restrictions as to circumstances no amendments to the constitution shall be passed during a state of siege or state of emergency. article 295. voting and form amendments to the constitution shall be carried by a majority of two thirds of the deputies of the assembly of the republic. the constitutional amendments that are approved shall be consolidated into a single amending law. the president of the republic cannot refuse to enact the amending law. article 296. constitutional amendments amendments to the constitution shall be inserted into the appropriate place, by making the necessary substitutions, deletions and additions. the constitution, as amended, shall be published together with the amending law. title xvi. symbols, currency and capital of the republic article 297. national flag the national flag shall have five colours: red, green, black, gold and white. the significance of these colours shall be as follows: red – the centuries of resistance to colonialism, the armed national liberation struggle and defence of sovereignty; green – the riches of the soil; black – the african continent; gold – the riches of the subsoil; white – the justice of the struggle of the mozambican people, and peace. from top to bottom, there shall be green, black and gold horizontal stripes, separated by strips of white. on the left side, there shall be a red triangle, in the centre of which there shall be a star. above this there shall be a crossed hoe and gun, superimposed on a book. the star shall symbolise the spirit of international solidarity of the mozambican people. the book, the hoe and the gun shall symbolise study, production and defence. article 298. emblem the emblem of the republic of mozambique shall contain as its central elements a book, a gun and hoe, superimposed on a map of mozambique, and representing, respectively: education, defence and vigilance, and the peasantry and agricultural production. below the map the ocean shall be represented. in the centre shall be the rising sun, symbol of the building of a new life. enclosing this shall be a toothed wheel, symbolising the workers and industry. surrounding the toothed wheel there shall be, to the right and left respectively, an ear of maize and a piece of sugar cane, symbolising agricultural wealth. at the top, in the centre, shall be a star, symbolising the spirit of international solidarity of the mozambican people. at the bottom there shall be a red stripe with the inscription “republic of mozambique”. article 299. national anthem the words and the music of the national anthem shall be established by law, which shall be passed in accordance with article 280 (1). article 300. currency the national currency shall be the metical. changes to the currency shall be established by law, which shall be passed in accordance with article 295 (1). article 301. capital the capital of the republic of mozambique shall be the city of maputo. title xvii. final and transitory provisions article 302. flag and emblem changes to the national flag and the emblem of the republic of mozambique shall be established by law, which shall be passed in accordance with article 295 (1) within a period of one year of the date upon which this constitution enters into force. article 303. constitutional council when the constitution enters into force, the constitutional council shall remain in office with its current composition and shall assume the powers established in title ten. article 304. provincial assemblies the elections to the provincial assemblies, provided for in article 142 of the constitution, shall be held before the year 2009. article 305. previous law insofar as it is not contrary to the constitution, previous legislation shall remain in force until it is modified or repealed. article 306. entry into force the constitution shall come into force on the day immediately following the day on which the results of the 2004 general election are validated and proclaimed. preamble in the course of their millennia-old history, the vietnamese people, working diligently, creatively, and fighting courageously to construct and defend their country, have forged a tradition of patriotism, solidarity, humaneness and righteousness, perseverance and indomitableness, and have created vietnamese civilization and culture. starting in 1930, under the leadership of the communist party of vietnam formed and trained by president ho chi minh, our people waged a protracted revolutionary struggle full of hardships and sacrifices for the independence and freedom of the nation and happiness of the people. august revolution was successful, and on 2 september 1945, president ho chi minh announced the declaration of independence, founding the democratic republic of vietnam which is now the socialist republic of vietnam. with the will and the power of entire nation, and with the assistance of friends across the world, our people have gained great victories in national liberation wars, unified the country, defended the fatherland, fulfilled international duties, attained historic great achievements in the task of renovation, leading the nation to socialism. institutionalizing the political creed of building the nation during the transitional period to socialism, and inheriting the 1946 constitution, 1959 constitution, 1980 constitution, and 1992 constitution, the vietnamese people frame, implement, and protect this constitution for the objectives of wealthy people, powerful nation, democracy, justice, and civilization. chapter i. political system article 1 the socialist republic of vietnam is an independent, sovereign and united country, which in its territorial integrity comprises its mainland, islands, territorial waters and air space. article 2 the socialist republic of vietnam state is a socialist rule of law state of the people, by the people, and for the people. the people are the masters of the socialist republic of vietnam state; all state powers belong to the people whose base is the alliance between the working class, the peasantry, and the intelligentsia. the state powers are unified and distributed to state bodies, which shall coordinate with and control one another in the exercise of the legislative, executive and judiciary powers. article 3 the state guarantees and promotes the people's mastery; acknowledges, respects, and protects human rights and citizens’ rights; implements the objectives of affluent people, powerful state, democracy, justice, civilization, and that all people enjoy abundant, free, and happy life and are given conditions for all-sided development. article 4 the communist party of vietnam, the vanguard of the vietnamese working class, simultaneously the vanguard of the toiling people and of the vietnamese nation, the faithful representative of the interests of the working class, the toiling people, and the whole nation, acting upon the marxist-leninist doctrine and ho chi minh's thought, is the leading force of the state and society. the communist party of vietnam maintains intimate contact with the people, serves the people, submits to people’s supervision, and is accountable to the people in its decisions. all party organizations and members of the communist party of vietnam operate within the framework of the constitution and the laws. article 5 the socialist republic of vietnam is the unified nation of all nationalities living on the territory of vietnam. all nationalities are equal, solidary, mutually respect and assist in their developments; all acts of national discrimination and division are strictly forbidden. the national language is vietnamese. every nationality has the right to use its own language and system of writing, to preserve its national identity, and to promote its fine customs, habits, traditions and culture. the state implements a policy of comprehensive development, and provides conditions for the national minorities to promote their internal abilities and to develop together with the nation. article 6 the people practice the state power under the forms of direct democracy and indirect democracy through the national assembly, the people’s councils and other state agencies. article 7 elections of representatives of the national assembly and representatives of the people's councils are held in accordance with the principles of universal, equal, direct, and secret suffrage. a representative of the national assembly and a representative of a people's council shall be removed from office by the electors or the national assembly or the people's council, when he or she is no longer worthy of the confidence of the people. article 8 the state is organized and operates in concordance with the constitution and the laws, governs the society by the constitution and the laws, and practices the principle of democratic centralism. all state agencies, cadres, officials and employees must show respect for the people, devotedly serve the people, maintain close contact with the people, listen to their opinions and submit to their supervision; resolutely struggle against corruption, wastefulness and all manifestations of bureaucracy, arrogance, authoritarianism. article 9 the vietnam fatherland front is a political alliance and a voluntary union of political organizations, sociopolitical organizations, social organizations and individuals representing their social classes and strata, nationalities, religions, and overseas vietnamese. the vietnam fatherland front constitutes the political base of the people's government; represents and protects legal and legitimate rights and interests of the people; gathers and promotes the power of great national solidarity, practicing democracy and enhancing social consensus; practices social supervision and critic; participates in the construction of the party and the state and popular activities of foreign relations, contributing to building and defending the fatherland. the vietnam trade union, the vietnam peasant society, the ho chi minh communist youth union, the vietnam women society, the vietnam veteran society are sociopolitical organizations created on the voluntary base, represent and protect the legal and legitimate rights and interests of their members, and cooperate with others members of the fatherland front, unifying the activities of the fatherland front. the vietnam fatherland front, its member organizations, and other social organizations operate in accordance with the framework of the constitution and the laws. the state provides conditions for the activities of the vietnam fatherland front, its member organizations, and other social organizations. article 10 the trade union is the socio-political organization of the working class and the toiling people, created on the voluntary base, represents the workers, looks after and protects the legitimate and legal rights and interests of the workers; participates in state administration and social management; participates in the control, inspection, and supervision of the activity of state organs, organizations, units, and enterprises with respects to the matters concerning the rights and duties of the workers; propagandizes and mobilizes learning, development of the ability and professional skills, conformity of laws, and construction and defence of the fatherland among the workers. article 11 the vietnamese fatherland is sacred and inviolable. all acts against the independence, sovereignty, unity, and territorial integrity, against the career of construction and defence of the fatherland, shall be strictly punished. article 12 the socialist republic of vietnam consistently carries out a diplomatic policy of independence, autonomy, peace and friendship, cooperation, and development; seeks to multilateral and diversified relations, and actively seek to international integration and cooperation on the basis of respect for each other's independence, sovereignty and territorial integrity, non-interference in each other's internal affairs, equality, and mutual interest; conforms to the charter of the united nation and international treaties in which vietnam is a member; is a friend, trust partner, and responsible member in international community for national interests and the contribution to the world for peace, national independence, democracy, and social progress. article 13 the national flag is rectangular in shape, its width being equal to two-thirds of its length; in the middle of a red background is a five-pointed gold star. the national emblem is circular in shape; in the middle of a red background is a five-pointed gold star framed by rice ears below which is half a cog wheel and the inscription "socialist republic of vietnam". the national anthem of the socialist republic of vietnam is the music and words of the "march to the front". the national day is the day of the declaration of independence, the second of september 1945. the capital of the socialist republic of vietnam is hanoi. chapter ii. human rights and citizen’s fundamental rights and duties article 14 in the socialist republic of vietnam, political, civic, economic, cultural and social human rights and citizen’s rights are recognized, respected, protected, and guaranteed in concordance with the constitution and the law. human rights and citizen’s rights shall only be restricted in imperative circumstances for the reasons of national defence, national security, social order and security, social morality, and the health of the community. article 15 citizen's rights are inseparable from citizen’s duties. every one has the duty to respect the other’s rights. citizens are responsible to practice their duties to the state. the practice of human rights and citizen’s rights cannot infringe national interests, and the other’s legal and legitimate rights. article 16 all citizens are equal before the law. no one shall be discriminated in his or her political, civic, economic, cultural, and social life. article 17 a citizen of the socialist republic of vietnam is a person with vietnamese nationality. a vietnamese citizen shall not be expelled or handed over to other nations. a vietnamese citizen residing abroad shall be protected by the socialist republic or vietnam article 18 overseas vietnamese make up an inseparable part of the vietnamese nationalities community. the socialist republic of vietnam encourages and creates conditions for vietnamese residing abroad to preserve the vietnamese cultural identity, maintain close ties with their families and native land, and to contribute to the construction of the native land and the nation. article 19 every one has the right to live. human life is protected by the law. no one shall be illegally deprived of his or her life. article 20 every one shall enjoy inviolability of the person and the legal protection of his or her life, health, honor and dignity; and is protected against torture, harassment and coercion, and any forma of violation of his or her life and health, and offence of honor and dignity. no one shall be arrested in the absence of a decision by the people's court, a decision or sanction of the people's procuracy except in case of flagrant offences. taking a person into, or holding him in, custody shall be provided by the statute. every one has the right to donate human tissues and organs and to donate corpse in concordance with the law. medical, pharmaceutical, and scientific experimentation and any other forms of experimentation on human body must have the agreement of the applied. article 21 every one is entitled to the inviolability of personal privacy, personal secrecy and familial secrecy; and has the right to protect his or her honor and prestige. information regarding personal privacy, personal secret and familial secrecy is safely protected by the law. every one enjoys the secrecy of correspondence, telephone, and telegrams, and other forms of exchange of personal information. no one is allowed to open, control, and confiscate contrast to the statute other’s correspondence, telephone, telegrams, and other forms of exchange of personal information. article 22 the citizen has the right to have legal domicile. everyone is entitled to the inviolability of his domicile. no one is allowed to enter the domicile of another person without his consent. domiciliary searches shall be provided by the statute. article 23 the citizen shall enjoy freedom of movement and of residence within the country; and can freely travel abroad and return home from abroad. the exercise of these rights shall be provided by the law. article 24 every one shall enjoy freedom of belief and of religion; he can follow any religion or follow none. all religions are equal before the law. the state respects and protects freedom of belief and of religion. no one has the right to infringe on the freedom of belief and religion or to take advantage of belief and religion to violate the laws. article 25 the citizen shall enjoy the right to freedom of opinion and speech, freedom of the press, to access to information, to assemble, form associations and hold demonstrations. the practice of these rights shall be provided by the law. article 26 male and female citizens have equal rights in all fields. the state has a policy to guarantee equal gender rights and opportunities. the state, the society, and the family create conditions for women’s comprehensive developments and promotion of their role in the society. sex discrimination is strictly prohibited. article 27 the citizen, shall, upon reaching the age of eighteen, have the right to vote, and, upon reaching the age of twenty-one, have the right to stand for election to the national assembly and the people's councils. the practice of these rights is provided by the statute. article 28 the citizen has the right to participate in the administration of the state and management of society, and to participate in the discussion and recommendation to the state organs on the issues of the community, the region, and the country. the state shall create conditions for the citizen to participate in the administration of the state and management of society; the receipt and response to citizen’s opinion and recommendation shall be public and transparent. article 29 the citizen, shall, upon reaching the age of eighteen, have the right to vote when the state hold referendum. article 30 every one has the right to lodge complaints and denunciations with the competent state bodies, organizations, and individuals in against the illegal acts of state organs, organizations, and individuals. the competent state bodies, organizations, and individuals must receive and handle the complaints and denunciations. the person who has suffered loss and injury shall be entitled to damages for any material harm suffered and his reputation rehabilitated. all acts violating the interests of the state, the rights and legitimate interests of collectives and citizens shall be dealt with severely in time. the person who has suffered loss and injury shall be entitled to damages for any material and spiritual harm suffered and his reputation rehabilitated in accordance to the law. it is strictly forbidden to take vengeance on the person making complaints and denunciations, or to misuse the right to make complaints and denunciations with the aim of slandering and causing harm to another person. article 31 a defendant shall be regarded as innocent until the crime is proved by in accordance with legal procedure and the sentence of the court has acquired full legal effect. a defendant must be trialed timely, equally, and publicly by courts within the time provided by law. if the case is heard in closed doors in accordance to the law, the verdict must be pronounced in public. no one shall be trialed two times for one offense. any person who has been arrested, held in custody, prosecuted, brought to trial in violation of the law has the right to self-defend or to seek the assistance of defence from lawyers or other people. any person who has been arrested, held in custody, prosecuted, brought to trial, and sent in jail in violation of the law shall be entitled to damages for any material harm suffered and his reputation shall be rehabilitated. anybody who contravenes the law in arresting, holding in custody, prosecuting, bringing to trial, and sending in jail another person thereby causing him damage shall be dealt with in accordance to the law. article 32 every one enjoys the right of ownership with regard to his lawful income, savings, housing, chattel, means of production funds in enterprises or other economic organizations. the right of private ownership and the right of inheritance are protected by the law. in cases made absolutely necessary by reason of national defence, security and the national interest, in case of emergency, and protection against natural calamity, the state can make a forcible purchase of or can requisition pieces of property of individuals or organizations against compensation, taking into account current market prices. article 33 every one enjoys freedom of enterprise in branches and trades not banned by the law. article 34 citizen has the right to social insurance. article 35 citizen has the right to work and to select career, job, and workplace. worker shall be provided equal and safe conditions of work and shall be paid with salary and enjoy break policy. discrimination, forced labor, and employment of worker under minimum age of labor are strictly prohibited. article 36 male and female have the right to marry and divorce. marriage shall conform to the principles of free consent, progressive union, monogamy and equality between husband and wife, and mutual respect. the state protects marriage and family, and protects interests of mothers and children. article 37 children enjoy protection, care and education by the family, the state and society; and are allowed to participate into children affairs. infringement, maltreatment, abandonment, abuse, and exploitation of labor and other forms of violating children rights are strictly prohibited. the state, the family, and society shall create favorable conditions for young people to study, work, relax, develop bodies and minds, and shall educate them in morality, national tradition, civic consciousness, for them to be in the van of creative labor and national defence. the state, the family, and society shall respect and take care of old people, and promote their role in the career of national construction and defence. article 38 the citizen is entitled to health care and protection, equal in the use of medical services, and has the duty to practice regulations with regards to prophylactics, and medical examination and treatment. any acts threatening the life and health of other people are strictly prohibited. article 39 citizen has the right and the duty to learn. article 40 every one has the right to carry out scientific and industrial research, engage in literary and artistic creation, and enjoy benefits from those activities. article 41 every one has the right to enjoy and access to cultural values, participate in cultural life, and make use of cultural bases. article 42 citizen has the right to determine his or her nationality, use of mother language, and select language of exchange. article 43 every one has the right to live in fresh environment and has the duty to protect the environment. article 44 the citizen must show loyalty to his fatherland. to betray one's fatherland is the most serious crime. article 45 it is the sacred duty and the noble right of the citizen to defend his fatherland. the citizen must fulfil his military obligation and join in the all-people national defence. article 46 the citizen has the duty to obey the constitution and the law, join in the safeguarding of national security and social order, and conform to the established rules of public life. article 47 the citizen has the duty to pay taxes according to the provisions of the statute. article 48 foreigners residing in vietnam must obey the constitution and law of vietnam; they shall receive state protection with regard to their lives, possessions and legitimate interests in accordance with the provisions of vietnamese law. article 49 the socialist republic of vietnam shall consider granting asylum to foreigners who are harmed because of their struggling for freedom, national independence, socialism, democracy and peace, and scientific work. chapter iii. economy, society, culture, education, science, technology, and environment article 50 the socialist republic of vietnam constructs an independent and sovereign economy which shall promote its internal resources, internationally cooperate, and closely connect with cultural development; practices social progressiveness and equality; protects the environment; and exercises industrialization and modernization of the country article 51 the vietnamese economy is a socialist-oriented market economy with multi-forms of ownership and multi-sectors of economic structure; the state economic sector plays the leading role. all economic sectors are important constituents of the national economy. actors of different economic sectors are equal, cooperate, and compete in accordance with the law. the state encourages, provide favorable conditions for entrepreneurs, enterprises and individuals, and other organizations to invest, produce, and do business, contributing to the stable development of the economic branches and national construction. private possessions of individuals, organizations of investment, production, and business are protected by the law and are not subjected to nationalization. article 52 the state constructs and perfects economic institutions, coordinate the economy on the base of respecting market rules; exercises distribution, decentralization, and separation of authorities in state management; and promotes the connection of regional economy and guarantee the unity of the national economy. article 53 the land, water resources, mineral resources, wealth lying underground or coming from the sea and the air, other natural resources, and property invested and managed by the state are public properties, coming under ownership by the entire people represented and uniformly managed by the state. article 54 land is special resource of the nation, an important resource of national development, and is managed in concordance with the law. organizations and individuals are entitled to land assignment, land lease, and recognition of the land use right by the state. land user has the right to transfer the land use right, and practice related rights and duties in concordance with the law. the land use right is protected by the law. the state shall recover land used by organizations and individuals in imperative cases provided by the law for the purposes of national defence, national security, and socio-economic developments for national and public interests. the recovery of land must be public and transparent, and compensations must be provided in concordance to the law. the state shall effect acquisition of land in cases of urgent demands which are provided by the law with respect to the implementation of the businesses of national defence, national security, and wars, emergency, and prevention and protection against natural calamities article 55 state budget, national reserve, state financial funds, and other public financial sources are uniformly managed by the state, and must be used effectively, equally, publicly, transparent, and legally. state budget consists of central budget and local budget, in which central budget plays the leading role, guaranteeing national expenditure. all items of income and expenditure of state budget must be estimated and must be provided by the law. the monetary unit of the nation is vietnam dong. the state shall guarantee the value of the national currency. article 56 state bodies, organizations, and individuals must practice saving and anti-luxury, prevent and fight against corruption in economic-social activities and state management. article 57 the state encourages and provides favorable conditions for organizations and individuals’ to create jobs for workers. the state shall protect legal rights and interests of the workers and employers and provide favorable conditions for construction of progressive, harmonious, and stable labor relationship. article 58 the state shall make investment in the development of the protection and care of the people's health, exercise health insurance for entire people, and exercise a priority policy of health care for highlanders, national minorities, islanders, and people living in extremely difficult economic and social conditions. it is the responsibility of the state, society, the family and the citizen to ensure care and protection for mothers and children and to carry into effect the family planning. article 59 the state and society honor, commend and reward, and exercise a priority policy for the people with meritorious services to the nation. the state shall create equal opportunities for the citizen to enjoy social welfare, develop a system of social security, exercise a policy assisting old people, disabled, poor people, and people with other difficult circumstances. the state shall exercise a policy of housing development, and create conditions so that every one shall have housing. article 60 the state and the society shall take care of the construction and development of the vietnamese culture, which is modern and deeply imbued with the national identity, and absorbs the mankind's cultural quintessence. the state and society shall develop literature and art so as to meet the diverse and healthy spiritual demands of the people; promote mass media so as to meet the people’s demand of information, serving the career of construction and defence of the fatherland. the state and society shall provide favorable environment for the construction of the vietnamese family which is well off, progressive, and happy; create the vietnamese people who are healthy, cultural, profoundly patriotic, solidary, independent, and responsible. article 61 development of education is a primary national policy for the purposes of elevating the people's intellectual standards, training human resources and fostering talents. the state shall prioritize investment and attraction of other investment sources for education; take care of pre-school education; guarantee compulsory secondary education which is free of charge; gradually universalize high education; develop college education and vocational education; exercise proper policy of scholarship and tuition. the state shall prioritize the educational development in mountainous and island areas, regions inhabited by ethnic minority people and regions encountering exceptional difficulties; prioritize employment and development of the talented; and provide favorable conditions for the disabled and the poor to access to cultural and vocational learning. article 62 development of science and technology is a primary national policy, playing a key role in the country's socio-economic development. the state shall prioritize investment and encouragement of organization and individuals’ investment to scientific research, development, transfer, and effective application of scientific and technological achievements; guarantee the right to conduct scientific and technological research; and protect the right to intellectual property. the state shall provide favorable conditions for every one to participate in and enjoy benefits from scientific and technological activities. article 63 the state has a policy to protect the environment; manages, and effectively and stably use natural resources; protects the nature and biodiversity; takes initiative in prevention and resistance against natural calamities and response to climate change. the state encourages all acts of protection of the environment, development and use of new energy and recycled energy. organizations and individuals who cause environmental pollution, debilitate natural resources and weaken biodiversity shall be strictly dealt with and must be responsible for remedy and compensation for damage. chapter iv. defence of the fatherland article 64 to defend the socialist vietnamese fatherland is the business of the entire people. the state shall consolidate and strengthen national defence by the entire people and the people's security, the people's armed forces being regarded as the core, shall develop to the full the aggregate strength of the country to defend the national territory, and shall contribute to the protection of peace in the region and in the world. state organs, organizations, and individuals shall fulfil all their national defence and security obligations. article 65 the people's armed forces must show absolute loyalty to the fatherland, the people, the party, and the state; their duty is to protect national independence and sovereignty, the country's unity and territorial integrity, national security and social order, to protect the people, the party, the state, and the socialist regime and the fruits of the revolution, and to join the entire people in national construction and fulfillment of international duties. article 66 the state shall build a revolutionary people's army which shall be a well-trained regular army to be gradually modernized, have proper permanent forces, powerful reserves, and strong and comprehensive self-defence militia, and serves as the core of the business of national defence. article 67 the state shall build a revolutionary people's police which shall be a well-trained regular army to be gradually modernized, and serves as the core of the business of national security and social order, preventing and fighting against crimes. article 68 the state shall develop to the full the people's patriotism and revolutionary heroism, educate the entire people in matters of national defence and security, build up the national-defence industry to ensure proper equipment for the armed forces. it shall harmonize national defence with the economy and vice versa, enforce an appropriate policy with regard to soldiers' families, and seek to ensure proper material and spiritual living conditions for officers and soldiers, national-defence workers and employees in consistence with the nature of military and policing activities. it shall build powerful people's armed forces and unceasingly reinforce the country's national-defence potential. chapter v. the national assembly article 69 the national assembly is the highest representative organ of the people and the highest organ of state power of the socialist republic of vietnam. the national assembly exercises constitutional and legislative powers, decides significant national affairs, and exercise supreme control over all activities of the state. article 70 the national assembly has the following duties and powers: to make and amend the constitution; to make and amend laws; to exercise supreme control over conformity to the constitution, the law and the resolutions of the national assembly, to examine the reports of the state president, the standing committee of the national assembly, the government, the supreme people's court, the supreme people's procuracy, the national commission of election, the state audit, and other organs created by the national assembly; to decide on the objectives, targets, policies, and duties of the national socio-economic development. to decide on the fundamental national financial and monetary policies; to set, change, or abolish taxes; to decide on the separation of items of incomes and expenditure between central budget and local budget; to decide on the safety limit of national debt, public debt, and government debt; to decide on planning of the state budget and allocation of the central state budget, to approve the accounts of the state budget. to decide on the state's policies on nationalities and policies on religions; to regulate the organization and activity of the national assembly, the state president, the government, the people's courts, the people's procuracy, the national council of election., the state audit, local governments, and other organs created by the national assembly. to elect, release from duty, remove from office the state president and vice-president, the chairman of the national assembly, the vice-chairmen and members of the standing committee of the national assembly, the prime minister, the president of the supreme people's court, the head of the supreme people's procuracy, the president of the national council of election, the head of the state audit, and the heads of other organs created by the national assembly; to sanction the proposals of appointment, release from duty, remove from office the vice-prime minister, ministers and other members of the government, judges of the people’s supreme court; sanction the list of members of the defence and security council and of the national council of election. upon election, the state president, the chairman of the national assembly, the prime minister, and the president of the supreme people's court must declare oath of allegiance to the fatherland, the people, and the constitution. to cast a vote of confidence on persons holding positions elected or approved by the national assembly. to set up or suppress government ministries and government organs of ministerial rank; to establish, merge, divide, or adjust the boundaries of provinces and cities under direct central rule; to set up or disband special administrative-economic units; to set up or disband other organs in concordance with the constitution and the statutes. to abrogate all formal written documents issued by the state president, the standing committee of the national assembly, the government, the prime minister, the supreme people's court, and the supreme people's procuracy, that are inconsistence with the constitution, the statutes, and resolutions taken by the national assembly. to proclaim an amnesty; to institute titles and ranks on the people's armed forces, in the diplomatic service and other state titles and ranks; to institute medals, badges and state honors and distinctions; to decide issues of war and peace; to proclaim a state of emergency and other special measures aimed at ensuring national defence and security; to decide on fundamental policies in external relations; to ratify or nullify international treaties with respect to war and peace, national sovereignty, membership of the socialist republic of vietnam in important international and regional organizations, international treaties on human rights, citizen’s fundamental rights and duties, and other international treaties inconsistent with statutes and resolutions taken by the national assembly to hold a referendum. article 71 the duration of each term of the national assembly is five years. sixty days before the end of its tenure, a new national assembly shall have been elected. in special cases, with the approval of at least two-thirds of its members, the national assembly can either reduce or prolong its period of tenure according to the proposals by the national assembly’s standing committee. the prolong of a term of the national assembly cannot exceed twelve months, except in the case of war. article 72 the chairman of the national assembly shall preside over its sessions; authenticate through his signature the constitution, laws and resolutions of the national assembly; give leadership to the activities of its standing committee; organize the carrying out of its external relations; maintain relationship with the assembly delegates. the vice-chairmen of the national assembly shall assist the chairman in the fulfillment of his duties as required by him. article 73 the national assembly’s standing committee is its permanent committee. the national assembly’s standing committee is composed of the chairman of the national assembly, the vice-chairmen of the national assembly, and the members. the number of members of the standing committee shall be determined by the national assembly. a member of the standing committee cannot be at the same time a member of the government. the standing committee of each legislature shall fulfill its tasks and exercise its powers until the election by the new legislature of a new standing committee. article 74 the standing committee of the national assembly has the following duties and powers: to prepare for, to convene, and preside over the sessions of the national assembly; to enact ordinances on matters entrusted to it by the national assembly; to interpret the constitution, the law, and decree-laws; to supervise the implementation of the constitution, the law, the resolutions of the national assembly, decree-laws, the resolutions of the standing committee; to supervise the activities of the government, the supreme people's court, the supreme people's procuracy, state audit, and other organs created by the national assembly. to suspend the execution of the formal written orders of the government, the prime minister, the supreme people's court, the supreme people's procuracy that contravene the constitution, the law, the resolutions of the national assembly; to report the matter to the national assembly for it to decide the abrogation of such orders in its nearest session; to repeal the written orders of the government, prime minister, the supreme people's court, the supreme people's procuracy that contravene the decree-laws and resolutions of the standing committee; to direct, harmonize, and co-ordinate the activities of the nationalities council and the committees of the national assembly, to give guidance to, and to ensure good working conditions for the assembly delegates. to propose to the national assembly on election, release from duty, removal from office of the state president, the chairman of the national assembly, the vice-chairmen of the national assembly, and members of the standing committee of the national assembly, chairman of nationalities council, chairmen of the committees of the national assembly, president of the national council of election, and head of the state audit. to exercise supervision and control over, and to give guidance to the activities of the people's councils; to annul wrong resolutions by the people's councils of provinces and cities under direct central rule; to disband people's councils of provinces and cities under direct central rule whenever such councils cause serious harm to the interests of the people; to decide on the establishment, merging, division, or adjustment of the boundaries of administrative units below the level of provinces and cities under direct central rule. in cases where the national assembly cannot meet, to decide on proclaiming the state of war, and report it to the national assembly for decision at its nearest session; to proclaim general or partial mobilization; to proclaim a state of emergency throughout the country or in a particular region; to carry out the national assembly's external relations; to approve the proposals of appointment and release of ambassador extraordinary and plenipotentiary of socialist republic of vietnam. to organize a referendum as decided by the national assembly. article 75 nationalities council comprises the chairman, vice-chairmen, and members. the chairman of the nationalities council is elected by the national assembly; vice-chairmen and the members of nationalities council are approved by the national assembly’s standing committee. the nationalities council studies and makes proposals to the national assembly on issues concerning the nationalities; supervises and controls the implementation of policies on nationalities, the execution of programmes and plans for socio-economic development of the highlands and regions inhabited by national minorities. the chairman of the nationalities council shall be invited to sit in on the government’s meetings at which are discussed ways of putting into effect policies on nationalities. in promulgation of decisions related to nationalities policies, the government must consult the nationalities council. the nationalities council has also other duties and powers as assigned to the committees of the national assembly in clause 2 of article 76. article 76 a committee of the national assembly comprises a chairman, vice-chairmen, and members. the chairman is elected by the national assembly; the vice-chairmen and the members are approved by the national assembly’s standing committee. the committees of the national assembly check draft laws, make proposals concerning laws, draft decree-laws and other drafts, and reports entrusted to them by the national assembly or its standing committee; supervise within the bounds determined by law; make proposals concerning issues within their fields of activity. the establishment and removal of the committees are decided by the national assembly. article 77 the nationalities council and the committees of the national assembly can require members of the government, the president of the supreme people's court, the head of the supreme people's procuracy, head of state audit, related individuals to report or supply documents on certain necessary matters. those to whom such requests are made must satisfy them. it is the responsibility of state organs to examine and answer the proposals made by the nationalities council and the committees of the national assembly. article 78 in case of need, the national assembly creates provisional committees to examine and check a proposal or investigate a certain problem. article 79 the deputy to the national assembly represents the will and aspirations of the people of his constituency and of the people of whole country. the deputy to the national assembly must maintain close ties with the electors; submit himself to their control; collect and faithfully reflect their views and aspirations for the consideration of the national assembly and the state bodies and organizations concerned; maintain regular contacts with and make reports to the electors on his own activities and the national assembly's; answer the requests and proposals of the electors; examine, activate and keep track of the way citizens' complaints and denunciations are dealt with, and give guidance and assistance to citizens seeking to exercise their rights of complaints and denunciations. the deputy to the national assembly shall popularize and mobilize the people to implement the constitution and the laws. article 80 the deputy to the national assembly has the right to interpellate the state president, the chairman of the national assembly, the prime minister, cabinet ministers and other members of the government, the president of the supreme people's court, and the head of the supreme people's procuracy, and head of the state audit. the interpellated officials must give an answer at the current session; in case an inquiry is needed, the national assembly may decide that the answer should be given to its standing committee or at one of its own subsequent sessions, or may allow the answer to be given in writing. the deputy to the national assembly has the right to request state bodies, organizations, and individuals to answer questions on matters concerning their duties. the heads of these bodies, organizations, or individuals have the responsibility to answer questions put by the deputy within the time limit set by the law. article 81 a member of the national assembly cannot be arrested or prosecuted without the consent of the national assembly and, in the intervals between its sessions, without the consent of its standing committee; in case of a flagrant offence and the deputy is taken into temporary custody, the organ effecting his arrest must immediately report the facts to the national assembly or its standing committee for it to examine them and take a decision. article 82 the deputy to the national assembly must be responsible to the exercise of the deputy duties, and is entitled to membership of the nationalities council and committees of the national assembly. it is the responsibility of the standing committee of the national assembly, the prime minister, the ministers, the other members of the government, and the other state organs to create the necessary conditions for the deputy to the national assembly to fulfill his duty. the state shall ensure the expenditure for the activity of the deputy to the national assembly. article 83 the session of the national assembly is public. in case of need, according to the suggestions of the state president, the national assembly’s standing committee, the prime minister, or at least two-thirds of its members, the national assembly can decide on a conclave. the national assembly shall hold two sessions each year. when so required by the state president, the prime minister, or at least one-third of the total membership of the national assembly, national assembly shall hold extraordinary session. the standing committee convenes the session of the national assembly. the first session of the newly-elected national assembly shall be convened sixty days after its election at the latest; it shall be opened and presided over by the chairman of the outgoing assembly until the election by the incoming assembly of its chairman. article 84 the state president, the standing committee of the national assembly, the nationalities council and committees of the national assembly, the government, the supreme people's court, the supreme people's procuracy, the state audit, the central committee of the vietnam fatherland front and the central bodies of its member organizations have the right to submit draft laws to the national assembly and draft ordinances to the national assembly’s standing committee. members of the national assembly may present motions concerning laws, ordinances, draft laws, and draft ordinances to the national assembly and the national assembly’s standing committee. article 85 laws and resolutions of the national assembly must be approved by the majority of its members; the making and amending the constitution, and decision on prolonging and reducing its tenure, and removing from office one of its members must be approved by at least two-thirds of its total membership. the ordinances and resolutions of the standing committee of the national assembly must be approved by more than half of its membership. laws and ordinances must be made public fifteen days following their adoption at the latest, except in case the decree-laws are presented by the state president for review. chapter vi. the state president article 86 the state president is the head of state and represents the socialist republic of vietnam internally and externally. article 87 the state president shall be elected by the national assembly from among its members. he is responsible to the national assembly for his work and reports to it. his term of office follows that of the national assembly. at the end of the latter's tenure he shall continue in office until a new president of the state is elected by the new legislature. article 88 the state president has the following duties and powers: to promulgate the constitution, laws and ordinances; to propose to the national assembly standing committee to revise its ordinances within ten days from the date these ordinances were passed; if such ordinances are still voted for by the national assembly standing committee against the state president's disapproval, the state president shall report it to the national assembly for decision at its nearest session; to propose to the national assembly to elect, release from duty, remove from office the vice-president of the state and the prime minister; on the basis of resolutions of the national assembly, to appoint, release from duty or dismiss deputy prime ministers, ministers and other members of the government; to propose to the national assembly to elect, release from duty, remove from office, the president of the supreme people’s court and the head of the supreme people’s procuracy; on the basis of resolutions of the national assembly, to appoint, to release from duty, and to remove from office, judges of the supreme people’s court; to appoint, to release from duty, and to remove from office, judges of other courts and vice-head of the supreme people’s procuracy, and procurators of the supreme people’s procuracy; to grant pardons; on the basis of resolutions of the national assembly, to proclaim an amnesty; to decide on the award of medals, badges, state prizes and state honors and distinctions; to grant vietnamese nationality, release from vietnamese nationality, restore vietnamese nationality, or deprive of vietnamese nationality. to have overall command of the armed forces and hold the office of chairman of the national defence and security council; to decide on conferment, promotion, demotion, and deprivation of army rank of general, commander-in-chief, vice-commander-in-chief, and naval commander-in-chief; to appoint, to release from duty, and to remove from office, chief of the general staff, and chairman of political head office of vietnamese people’s army; on the basis of resolutions of the national assembly or of the national assembly’s standing committee, to proclaim or remove the decision on the state of war; on the basis of resolutions of the national assembly’s standing committee, to issue order on general mobilization or limited mobilization, to declare or remove the state of emergency; in cases where the national assembly standing committee cannot meet, to declare the state of emergency nationwide or in a locality; to accept foreign ambassadors extraordinary and plenipotentiary; on the basis of resolutions of the national assembly’s standing committee, to appoint and recall ambassadors extraordinary and plenipotentiary of socialist republic of vietnam; to decide on the conferment of titles and ranks on the ambassadorial title; to decide on negotiation and conclusion of international treaties in the name of the state; to submit to the national assembly for ratification and termination of international treaties as provided by clause 14 of article 70; to decide on ratification, joining, or termination of other international treaties in the name of the state. article 89 the national defence and security council consists of a chairman, vice chairmen and other members who are approved by the national assembly under the nomination of the state president. the national defence and security council shall operate as a collegium and take its decisions by a vote of the majority. the national defence and security council proposes to the national assembly to decide on the state of war, and in case the national assembly cannot meet, proposes to the national assembly’s standing to decide on that; mobilizes all forces and potentialities of the country for national defence; exercises special duties and powers entrusted by the national assembly in case of war; decides on the participation of the armed forces in activities contributing to the protections of peace in the region and in the world. article 90 the state president is entitled to attend sessions of the standing committee of the national assembly and sessions of the government. the state president has the right to request the government to hold meeting to discuss on issues which in the consideration of the state president is necessary to exercise his duties and authorities. article 91 the state president shall issue orders and decisions for the accomplishment of his duties and the exercise of his powers. article 92 the vice-president of the state shall be elected by the national assembly from among its members. he shall assist the state president in the performance of his duties and may be delegated by him to perform certain tasks. article 93 when the state president is incapacitated for work over a long period of time, the vice-president shall act as president. in case of vacancy of the state presidency, the vice-president shall be acting president until the election of a new president by the national assembly. chapter vii. the government article 94 the government is the executive organ of the national assembly, exercise the executive power, and is the highest organ of state administration of the socialist republic of vietnam. the government is accountable to the national assembly and shall make its reports to the national assembly, its standing committee, and the state president. article 95 the government shall be composed of the prime minister, the deputy prime ministers, the ministers, and heads of organs of ministerial rank. the structure and numbers of members of the government are decided by the national assembly. the government shall operate as a collegium and take its decisions by a vote of the majority. prime minister is the head of the government, is accountable before the national assembly on the activities of the government and assigned duties, and shall report to the national assembly, the national assembly’s standing committee, and the state president on the activities of the government and the prime minister. the deputy prime ministers shall assist the prime minister in the performance of his duties, as required by him, and are accountable to the prime minister. in the absence of the prime minister, one of his deputies shall be delegated by him to direct the work of the government. the ministers and heads of organs of ministerial ranks shall be personally accountable to the prime minister, the government, and the national assembly on their respective fields and branches, and shall be, together with other members of the government, collectively accountable for the activities of the government. article 96 to organize the implementation of the constitution, the laws, resolutions of the national assembly, the ordinances and resolutions of the national assembly’s standing committee, and decrees, decisions of the state president. to initiate and build policies, and to propose them to the national assembly, and the national assembly’s standing committee for decision or to decide on these policies according to its authorities to exercise its duties and authorities as provided by this article; to propose draft laws, and draft state budget and other projects to the national assembly; to propose the draft ordinances to the national assembly’s standing committee. to exercise uniform management of the economy, culture, society, education, medicine, science, technology, environment, information, media, international relations, national defence, national security, and social order and security; to exercise the decisions on mobilization and the state of emergency and carry out all other necessary measures to protect the country and to safeguard the live and the property of the people. to propose to the national assembly to create and remove ministry and organs of ministerial rank, and to establish, merge, divide, or adjust the boundaries of provinces and cities under direct central rule, and to set up or disband special administrative-economic units; to propose to the national assembly’s standing committee to establish, merge, divide, or adjust the administrative boundaries below provinces and cities under direct central rule. to exercise the uniform management of the national bureaucracy; exercise the management of cadres, civil servants, officials, and public service in state organs; to exercise the work of inspection and examination, and handling of citizen’s complaint and denouncement; to fight against authoritativeness and corruption in the state apparatus; to direct the work of the ministries, the organs of ministerial rank and the organs of the government, the people's committees at all levels; to guide and control the people's councils in their implementation of their legal duties and authorities. to protect the rights and interests of the state and society, human rights, and citizen’s rights; ensure social order and security. to negotiate and conclude international treaties in the name of the state as delegated by the state president; to negotiate, sign, ratify and accede to international treaties in the name of the government, except the international treaties proposed to the national assembly for approval as provided by clause 14 of article 70; protect the interests of the state, the legitimate interests of vietnamese organizations and citizens in foreign countries. to coordinate with central committee of the vietnamese fatherland front and the central bodies of socio-political organizations in the exercise of its duties and authorities. article 97 the tenure of the government is the same as that of the national assembly. when the latter's tenure ends the government shall continue in office until the new legislature establishes a new government. article 98 the prime minister is elected by the national assembly among its members. the prime minister has the following duties and powers: to direct the work of the government; to direct the construction of policies and the organization of implementation of the laws. to direct and to be accountable to the activities of the national administration from the central to local level, and to ensure the unity and thoroughness of the national administration. to submit to the national assembly for approval proposals on appointment, release from duty or dismissal of deputy prime ministers, ministers and heads of organs of ministerial rank; to appoint, release from duty, or dismiss vice-ministers and officials of equal rank of ministries and organs of ministerial rank; to approve the election, release from duty, secondment, and dismissal of chairmen and deputy chairmen of people's committees of provinces and cities under direct central rule. to suspend or annul decisions, directives and circulars of cabinet ministers and other government members, decisions and directives of people's councils and chairmen of people's committees of provinces and cities under direct central rule that contravene the constitution, the law, and other formal written documents of superior state organs; to suspend the execution of resolutions of people's councils of provinces and cities under direct central rule that contravene the constitution, the law, and formal written orders of superior state organs; at the same time to propose to the standing committee of the national assembly to annul them. to decide and direct the negotiation of, to direct the conclusion of and joining, international treaties within the duties and authorities of the government; to organize the implementation of international treaties in which socialist republic of vietnam is a member. to make regular reports to the people through the mass media on major issues to be settled by the government and the prime minister. article 99 minsters and heads of organs of ministerial rank are members of the government, preside ministries and organs of ministerial rank, direct the work of ministries and organs of ministerial rank; shall be responsible for state administration in the fields and branches under their respective authority; to organize and monitor the implementation of the laws in their respective fields and branches throughout the country. minsters and heads of organs of ministerial rank shall report to the government and the prime minister; to exercise a regime of report to the people on issues under their respective management. article 100 the government, the prime minister, minsters and heads of organs of ministerial rank shall issue legal documents to exercise their duties and authorities, review the implementation of these documents, and handle illegal documents in concordance with the law. article 101 the chairman of the central committee of the vietnamese fatherland front and the heads of socio-political organizations shall be invited to attend the sessions of the government when relevant problems come up for discussion. chapter viii. people’s court and people’s procuracy article 102 the people’s courts are the judicial organ of the socialist republic of vietnam, exercising the judicial power. the people’s courts comprise the supreme people's court and other courts established by law. the people’s courts are responsible for the protection of justice, human rights, citizen’s rights, socialist regime, interests of the state, and legal rights and interests of organizations and individuals. article 103 trials before people's courts shall be attended by people's assessors, except the case of trials with reduced procedure the trials of the judges and assessors are independent and shall only obey the law; the interference into the trials of the judges and assessors by bodies, organizations, and individuals is strictly prohibited. the people's courts shall hold their hearings in public. in special cases necessary to the protection of state secrecy, fine customs and beautiful habits of the nation, the protection of adolescents, and the protection of private secrecy according to the legitimate requirement of the persons concerned, the people’s courts can hold their hearings in closed door. the people's courts shall try their cases collegially and their decisions shall be in conformity with the will of the majority, except the cases of the trials with reduced procedure. the principle of institute legal proceeding against is guaranteed in trials. the regime of hearing in first instance and hearing and appeal is guaranteed. the right of the internee and the defendant to be defended is guaranteed; the right of the persons concerned to defend their legitimate interests is guaranteed. article 104 the supreme people's court is the highest judicial organ of the socialist republic of vietnam. the supreme people's court supervises and directs the judicial work of other courts, except the cases provided by the law. the supreme people's court exercises the summarization of the practice of trials, and ensure the uniform application of law in trials. article 105 the term of the president of the supreme people’s court is consistent with the term of the national assembly. the appointment, release from duties, and removal from office of presidents of other courts are provided by the law. the president of the supreme people's court is responsible and makes his reports to the national assembly and, when the latter is not in session, to its standing committee and to the state president. the regime of report of presidents of other courts is provided by the law. the appointment, approval, release from duties, and removal from office, term of judges, and the election and term of assessors are provided by the law. article 106 the sentences and decisions of the people's court which have acquired legal effect must be respected by organs, organizations, and individuals; they must be seriously complied with by the organs, organizations, and individuals concerned. article 107 the people's procuracies shall exercise the power to prosecution and control judicial activities. the people’s procuracies comprise the supreme people’s procuracy and other procuracies provided by the law. the people’s procuracies are responsible for the protection of law, human rights, citizen’s rights, socialist regime, interests of the state, and legal rights and interests of organizations and individuals, thus contributing to ensuring that laws are strictly and uniformly observed. article 108 the term of the head of the supreme people’s procuracy is consistent with the term of the national assembly. the appointment, release from duties, and removal from office of heads of other procuracies and procurators are provided by the law. the head of the supreme people's procuracy is responsible and makes his reports to the national assembly and, when the latter is not in session, to its standing committee and to the state president. the regime of report of heads of other procuracies is provided by the law. article 109 a people's procuracy is directed by its head. the heads of inferior procuracies are subject to the leadership of the heads of superior procuracies. the heads of procuracies at all levels are subject to the overall leadership of the head of the supreme people's procuracy. when exercising the power of the power to prosecution and controlling judicial activities, procurators shall obey the law and are subject to the leadership of the head of the people’s procuracy. chapter ix. the local government article 110 the administrative units of the socialist republic of vietnam are distributed as follows: the country is divided into provinces and cities under direct central rule. the province is divided into districts, provincial cities, and towns; the city under direct central rule is divided into urban districts, rural districts, towns, and units of similar level. the district is divided into communes and townlets; the provincial city and the town are divided into wards and communes; the urban district is divided into wards. special administrative-economic units are created by the national assembly. the establishment, removal, merging, division, or adjustment of the boundaries of administrative units must be carried out with the consultation of the opinion of the local people in concordance with the process and procedure provided by the law. article 111 local governments are organized in administrative units of socialist republic of vietnam. local governments consist of people’s council and people’s committee which shall be organized consistent with the features of rural areas, cities, islands, and special administrative-economic units provided by the law. article 112 local governments organize and ensure the implementation of the constitution and the laws at local area; deal with local issues provided by the law; and are subject to the examination and supervision of superior state organs. the duties and authorities of local governments shall be determined on the base of differentiation of powers between central state organs and local state organs and between different ranks of local governments. in case of need, local governments are delegated to exercise some duties of superior state organs with the conditions guaranteed necessary to exercise those duties. article 113 the people's council is the local organ of state power; it represents the will, aspirations, and mastery of the people; it is elected by the local people and is accountable to them and to the superior state organs. the people's council shall decide on local issues provided by the law; supervise the conformity to the constitution and the laws at local area and the implementation of the resolutions of the people’s council. article 114 the people's committee elected by the people's council is the latter's executive organ, the organ of local state administration, and responsible to the people’s council and superior state organs. it is the people's committee’s responsibility to implement the constitution and the laws at local area, to organize the implementation of the resolutions of the people's council and to exercise duties assigned by the superior state organs. article 115 the deputy to the people's council represents the will and aspirations of the local people; he must maintain close ties with the electors, submit himself to their control, keep regular contact with them, regularly report to them on his activities and those of the people's council, answer their requests and proposals; look into and activate the settlement of the people's complaints and denunciations. it is the duty of the deputy to the people's council to urge the people to abide by the law and state policies, the resolutions of the people's council, and to encourage them to join in state administration. the deputy to the people's council has the right to interpellate the chairman of the people's council, the chairman and other members of the people's committee, the president of the people's court, the head of the people's procuracy, and the heads of organs under the people's committee. the interpellated officials must answer this interpellation within the time determined by law. the deputy to the people's council has the right to make proposals to local state organs. the officials in charge of these organs have the responsibility to receive him, and to examine and settle the issues raised in his proposals. article 116 the people's council and the people's committee shall make regular reports on the local situation in all fields to the front and the mass organizations; shall listen to their opinions and proposals on local power building and socio-economic development; shall cooperate with them in urging the people to work together with the state for the implementation of socio-economic, national-defence, and security tasks in the locality. the chairmen of the vietnam fatherland front committee and the heads of mass organizations in the locality shall be invited to attend sessions of the people's council and to attend meetings of the people's committee at the same level when relevant problems are discussed. chapter x. the national council of election and the state audit article 117 the national council of election is an organ created the national assembly, responsible for organization of election of the national assembly. it shall direct and orientate the work of election of the people’s councils at all levels. the national council of election comprises a president, vice-presidents, and members the details of organization, duties and authorities of the national council of election, and the number of its members shall be provided by the law. article 118 the state audit is an organ created by the national assembly, shall act independently and only obey the law. it exercises the audit of the management and use of public finance and property. the head of the state audit presides the state audit, elected by the national assembly. the term of head of the state audit shall be provided by the law. the head of the state audit is responsible and makes his reports of the result of audit to the national assembly and, when the latter is not in session, to its standing committee. the details of the organization, duties, and authorities of the state audit shall be provided by the law. chapter xi. the effect of the constitution and the amendment of the constitution article 119 the constitution is the fundamental law of the socialist republic of vietnam, and has the highest legal effect. all other legal documents must conform to the constitution. all actions violating the constitution shall be dealt with. the national assembly, its organs, the state president, the government, the people’s courts, the people’s procuracies, other state organs, and the entire people are responsible to protect the constitution. the mechanism of constitutional protection shall be provided by the law. article 120 the state president, the national assembly’s standing committee, or at least two-third of entire assembly deputies have the right to propose the making of constitution and amendment of the constitution. the national assembly shall decide on the making of constitution and amendment of the constitution upon the approval of two-third of entire assembly deputies. the national assembly shall create the committee of constitutional drafting. the components, the number of members, duties, and authorities of the committee of constitutional drafting shall be decided by the national assembly according to the proposal of the national assembly’s standing committee. the committee of constitutional drafting drafts, organizes the collection of people’s opinion, and submits to the national assembly the draft constitution. constitution shall be enacted with the approval of two-third of entire assembly deputies. the referendum on the constitution shall be decided by the national assembly. preamble we, the people of bangladesh, having proclaimed our independence on the 26th day of march, 1971 and through a historic struggle for national liberation, established the independent, sovereign people's republic of bangladesh; pledging that the high ideals of nationalism, socialism, democracy and secularism, which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in, the national liberation struggle, shall be the fundamental principles of the constitution; further pledging that it shall be a fundamental aim of the state to realise through the democratic process to socialist society, free from exploitation-a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens; affirming that it is our sacred duty to safeguard, protect and defend this constitution and to maintain its supremacy as the embodiment of the will of the people of bangladesh so that we may prosper in freedom and may make our full contribution towards international peace and cooperation in keeping with the progressive aspirations of mankind; in our constituent assembly, this eighteenth day of kartick, 1379 b.s corresponding to the fourth day of november, 1972 a.d., do hereby adopt, enact and give to ourselves this constitution. part i. the republic 1. the republic bangladesh is a unitary, independent, sovereign republic to be known as the people's republic of bangladesh. 2. the territory of the republic the territory of the republic shall comprisethe territories which immediately before the proclamation of independence on the 26th day of march, 1971 constituted east pakistan and the territories referred to as included territories in the constitution (third amendment) act, 1974, but excluding the territories referred to as excluded territories in that act; and such other territories as may become included in bangladesh. 2a. the state religion the state religion of the republic is islam, but the state shall ensure equal status and equal right in the practice of the hindu, buddhist, christian and other religions. 3. the state language the state language of the republic is bangla. 4. national anthem, flag and emblem the national anthem of the republic is the first ten lines of "amar sonar bangla." the national flag of the republic shall consist of a circle, coloured red throughout its area, resting on a green background. the national emblem of the republic is the national flower shapla (nymphaea-nouchali) resting on water, having on each side an ear of paddy and being surmounted by three connected leaves of jute with two stars on each side of the leaves. subject to the foregoing clauses, provisions relating to the national anthem, flag and emblem shall be made by law. 4a. portrait of the father of the nation the portrait of the father of the nation, bangabandhu sheikh mujibur rahman shall be preserved and displayed at the offices of the president, the prime minister, the speaker and the chief justice and in head and branch offices of all government and semi-government offices, autonomous bodies, statutory public authorities, government and non-government educational institutions, embassies and missions of bangladesh abroad. 5. the capital the capital of the republic is dhaka. the boundaries of the capital shall be determined by law. 6. citizenship the citizenship of bangladesh shall be determined and regulated by law. the people of bangladesh shall be known as bangalees as a nation and the citizens of bangladesh shall be known as bangladeshies. 7. supremacy of the constitution all powers in the republic belong to the people, and their exercise on behalf of the people shall be effected only under, and by the authority of, this constitution. this constitution is, as the solemn expression of the will of the people, the supreme law of the republic, and if any other law is inconsistent with this constitution and other law shall, to the extent of the inconsistency, be void. 7a. offence of abrogation, suspension, etc. of the constitution if any person, by show of force or use of force or by any other un-constitutional meansabrogates, repeals or suspends or attempts or conspires to abrogate, repeal or suspend this constitution or any of its article; or subverts or attempts or conspires to subvert the confidence, belief or reliance of the citizens to this constitution or any of this article, his such act shall be sedition and such person shall be guilty of sedition. if any personabets or instigates any act mentioned in clause (1); or approves, condones, supports or ratifies such act, his such act shall also be the same offence. any person alleged to have committed the offence mentioned in this article shall be sentenced with the highest punishment prescribed for other offences by the existing laws. 7b. basic provisions of the constitution are not amendable notwithstanding anything contained in article 142 of the constitution, the preamble, all articles of part i, all articles of part ii, subject to the provisions of part ixa all articles of part iii, and the provisions of articles relating to the basic structures of the constitution including article 150 of part xi shall not be amendable by way of insertion, modification, substitution, repeal or by any other means. part ii. fundamental principles of state policy 8. fundamental principles the principles of nationalism, socialism, democracy and secularism, together with the principles derived from those as set out in this part, shall constitute the fundamental principles of state policy. the principles set out in this part shall be fundamental to the governance of bangladesh, shall be applied by the state in the making of laws, shall be a guide to the interpretation of the constitution and of the other laws of bangladesh, and shall form the basis of the work of the state and of its citizens, but shall not be judicially enforceable. 9. nationalism the unity and solidarity of the bangalee nation, which, deriving its identity from its language and culture, attained sovereign and independent bangladesh through a united and determined struggle in the war of independence, shall be the basis of bangalee nationalism. 10. socialism and freedom from exploitation a socialist economic system shall be established with a view to ensuring the attainment of a just and egalitarian society, free from the exploitation of man by man. 11. democracy and human rights the republic shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person shall be guaranteed and in which effective participation by the people through their elected representatives in administration at all levels shall be ensured. 12. secularism and freedom of religion the principle of secularism shall be realised by the elimination ofcommunalism in all its forms; the granting by the state of political status in favour of any religion; the abuse of religion for political purposes; any discrimination against, or persecution of, persons practicing a particular religion. 13. principles of ownership the people shall own or control the instruments and means of production and distribution, and with this end in view ownership shall assume the following formsstate ownership, that is ownership by the state on behalf of the people through the creation of an efficient and dynamic nationalised public sector embracing the key sectors of the economy; co-operative ownership, that is ownership by co-operatives on behalf of their members within such limits as may be prescribed by law; and private ownership, that is ownership by individuals within such limits as may be prescribed by law. 14. emancipation of peasants and workers it shall be a fundamental responsibility of the state to emancipate the toiling masses, the peasants and workers and backward sections of the people from all forms of exploitation. 15. provision of basic necessities it shall be a fundamental responsibility of the state to attain, through planned economic growth, a constant increase of productive forces and a steady improvement in the material and cultural standard of living of the people, with a view to securing to its citizensthe provision of the basic necessities of life, including food, clothing, shelter, education and medical care; the right to work, that is the right to guaranteed employment at a reasonable wage having regard to the quantity and quality of work; the right to reasonable rest, recreation and leisure; and the right to social security, that is to say to public assistance in cases of undeserved want arising from unemployment, illness or disablement, or suffered by widows or orphans or in old age, or in other such cases. 16. rural development and agricultural revolution the state shall adopt effective measures to bring about a radical transformation in the rural areas through the promotion of an agricultural revolution, the provision of rural electrification, the development of cottage and other industries, and the improvement of education, communications and public health, in those areas, so as progressively to remove the disparity in the standards of living between the urban and the rules areas. 17. free and compulsory education the state shall adopt effective measures for the purpose ofestablishing a uniform, mass-oriented and universal system of education and extending free and compulsory education to all children to such stage as may be determined by law; relating education to the needs of society and producing properly trained and motivated citizens to serve those needs; removing illiteracy within such time as may be determined by law. 18. public health and morality the state shall regard the raising of the level of nutrition and the improvement of public health as moving its primary duties, and in particular shall adopt effective measures to prevent the consumption, except for medical purposes or for such other purposes as may be prescribed by law, of alcoholic and other intoxicating drinks and drugs which are injurious to health. the state shall adopt effective measures to prevent prostitution and gambling. 18a. protection and improvement of environment and biodiversity the state shall endeavour to protect and improve the environment and to preserve and safeguard the natural resources, bio-diversity, wetlands, forests and wild life for the present and future citizens. 19. equality of opportunity the state shall endeavour to ensure equality of opportunity to all citizens. the state shall adopt effective measures to remove social and economic inequality between man and man and to ensure the equitable distribution of wealth among citizens, and of opportunities in order to attain a uniform level of economic development throughout the republic. the state shall endeavour to ensure equality of opportunity and participation of women in all spheres of national life. 20. work as a right and duty work is a right, a duty and a matter of honour for every citizen who is capable of working, and everyone shall be paid for his work on the basis of the principle "from each according to his abilities to each according to his work." the state shall endeavour to create conditions in which, as a general principle, persons shall not be able to enjoy unearned incomes, and in which human labour in every form, intellectual and physical, shall become a fuller expression of creative endeavour and of the human personality. 21. duties of citizens and of public servants it is the duty of every citizen to observe the constitution and the laws, to maintain discipline, to perform public duties and to protect public property. every person in the service of the republic has a duty to strive at all times to serve the people. 22. separation of judiciary from the executive the state shall ensure the separation of the judiciary from the executive organs of the state. 23. national culture the state shall adopt measures to conserve the cultural traditions and heritage of the people, and so to foster and improve the national language, literature and the arts that all sections of the people are afforded the opportunity to contribute towards and to participate in the enrichment of the national culture. 23a. the culture of tribes, minor races, ethnic sects and communities the state shall take steps to protect and develop the unique local culture and tradition of the tribes, minor races, ethnic sects and communities. 24. national monuments, etc. the state shall adopt measures for the protection against disfigurement, damage or removal of all monuments, objects or places of special artistic or historic importance or interest. 25. promotion of international peace, security and solidarity the state shall base its international relations on the principles of respect for national sovereignty and equality, non-interference in the internal affairs of other countries, peaceful settlement of international disputes, and respect for international law and the principles enunciated in the united nations charter, and on the basis of those principles shallstrive for the renunciation of the use of force in international relations and for general and complete disarmament; uphold the right of every people freely to determine and build up its own social, economic and political system by ways and means of its own free choice; and support oppressed peoples throughout the world waging a just struggle against imperialism, colonialism or racialism. part iii. fundamental rights 26. laws inconsistent with fundamental rights to be void all existing law inconsistent with the provisions of this part shall, to the extent of such inconsistency, become void on the commencement of this constitution. the state shall not make any law inconsistent with any provisions of this part, and any law so made shall, to the extent of such inconsistency, be void. nothing in this article shall apply to any amendment of this constitution made under article 142. 27. equality before law all citizens are equal before law and are entitled to equal protection of law. 28. discrimination on grounds of religion, etc. the state shall not discriminate against any citizen on ground only of religion, race, caste, sex or place of birth. women shall have equal rights with men in all spheres of the state and of public life. no citizen shall, on grounds only of religion, race, caste, sex or place of birth be subjected to any disability, liability, restriction or condition with regard to access to any place of public entertainment or resort, or admission to any educational institution. nothing in this article shall prevent the state from making special provision in favour of women or children or for the advancement of any backward section of citizens. 29. equality of opportunity in public employment there shall be equality of opportunity for all citizens in respect of employment or office in the service of the republic. no citizen shall, on grounds only of religion, race, caste, sex or place of birth, be ineligible for, or discriminated against in respect of, any employment or office in the service of the republic. nothing in this article shall prevent the state frommaking special provision in favour of any backward section of citizens for the purpose of securing their adequate representation in the service of the republic; giving effect to any law which makes provision for reserving appointments relating to any religious or denominational institution to persons of that religion or denomination; reserving for members of one sex any class of employment or office on the ground that it is considered by its nature to be unsuited to members of the opposite sex. 30. prohibition of foreign titles, etc. no citizen shall, without the prior approval of the president, accept any title, honour, award or decoration from any foreign state. 31. right to protection of law to enjoy the protection of the law, and to be treated in accordance with law, and only in accordance with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law. 32. protection of right to life and personal liberty no person shall be deprived of life or personal liberty save in accordance with law. 33. safeguards as to arrest and detention no person who is arrested shall be detained in custody without being informed, as soon as may be of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice. every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the magistrate, and no such person shall be detained in custody beyond the said period without the authority of a magistrate. nothing in clauses (1) and (2) shall apply to any personwho for the time being is an enemy alien; or who is arrested or detained under any law providing for preventive detention. no law providing for preventive detention shall authorise the detention of a person for a period exceeding six months unless an advisory board consisting of three persons, of whom two shall be persons who are, or have been, or are qualified to be appointed as, judges of the supreme court and the other shall be a person who is a senior officer in the service of the republic, has, after affording him an opportunity of being heard in person, reported before the expiration of the said period of six months that there is, in its opinion, sufficient cause for such detention. when any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made, and shall afford him the earliest opportunity of making a representation against the order: provided that the authority making any such order may refuse to disclose facts which such authority considers to be against the public interest to disclose. parliament may be law prescribe the procedure to be followed by an advisory board in an inquiry under clause. 34. prohibition of forced labour all forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law. nothing in this article shall apply to compulsory labourby persons undergoing lawful punishment for a criminal offence; or required by any law for public purpose. 35. protection in respect of trial and punishment no person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than, or different from that which might have been inflicted under the law in force at the time of the commission of the offence. no person shall be prosecuted and punished for the same offence more than once. every person accused of a criminal offence shall have the right to a speedy and public trial by an independent and impartial court or tribunal established by law. no person accused of any offence shall be compelled to be a witness against himself. no person shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. nothing in clause (3) or clause (5) shall affect the operation of any existing law which prescribes any punishment or procedure for trial. 36. freedom of movement subject to any reasonable restrictions imposed by law in the public interest, every citizen shall have the right to move freely throughout bangladesh, to reside and settle in any place therein and to leave and re-enter bangladesh. 37. freedom of assembly every citizen shall have the right to assemble and to participate in public meetings and processions peacefully and without arms, subject to any reasonable restrictions imposed by law in the interests of public order health. 38. freedom of association every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interests of morality or public order: provided that no person shall have the right to form, or be a member of the said association or union, ifit is formed for the purposes of destroying the religious, social and communal harmony among the citizens; it is formed for the purposes of creating discrimination among the citizens, on the ground of religion, race, caste, sex, place of birth or language; it is formed for the purposes of organizing terrorist acts or militant activities against the state or the citizens or any other country; its formation and objects are inconsistent with the constitution. 39. freedom of thought and conscience, and of speech freedom of thought and conscience is guaranteed. subject to any reasonable restrictions imposed by law in the interests of the security of the state, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offencethe right of every citizen of freedom of speech and expression; and freedom of the press are guaranteed. 40. freedom of profession or occupation subject to any restrictions imposed by law, every citizen possessing such qualifications, if any, as may be prescribed by law in relation to his profession, occupation, trade or business shall have the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business. 41. freedom of religion subject to law, public order and moralityevery citizen has the right to profess, practice or propagate any religion; every religious community or denomination has the right to establish, maintain and manage its religious institutions. no person attending any educational institution shall be required to receive religious instruction, or to take part in or to attend any religious ceremony or worship, if that instruction, ceremony or worship relates to a religion other than his own. 42. rights to property subject to any restrictions imposed by law, every citizen shall have the right to acquire, hold, transfer or otherwise dispose of property, and no property shall be compulsorily acquired, nationalized or requisitioned save by authority of law. a law made under clause (1) of this article shall provide for the acquisition, nationalisation or requisition with compensation and shall fix the amount of compensation or specify the principles on which, and the manner in which, the compensation is to be assessed and paid ; but no such law shall be called in question in any court on the ground that any provision of the law in respect of such compensation is not adequate. 43. protection of home and correspondence every citizen shall have the right, subject to any reasonable restrictions imposed by law in the interests of the security of the state, public order, public morality or public healthto be secured in his home against entry, search and seizure; and to the privacy of his correspondence and other means of communication. 44. enforcement of fundamental rights the right to move the high court division in accordance with clause (1) of article 102, for the enforcement of the rights conferred by this part is guaranteed. without prejudice to the powers of the high court division under article 102, parliament may by law empower any other court, within the local limits of its jurisdiction, to exercise all or any of those powers. 45. modification of rights in respect of disciplinary law nothing in this part shall apply to any provision of a disciplinary law relating to members of a disciplined force, being a provision limited to the purpose of ensuring the proper discharge of their duties or the maintenance of discipline in that force. 46. power to provide indemnity notwithstanding anything in the foregoing provisions of this part, parliament may by law make provision for indemnifying any person in the service of the republic or any other person in respect of any act done by him in connection with the national liberation struggle or the maintenance or restoration of other in any area in bangladesh or validate any sentence passed, punishment inflicted, forfeiture ordered, or other act done in any such area. 47. saving for certain laws no law providing for any of the following matters shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridge, any of the rights guaranteed by this partthe compulsory acquisition, nationalisation or requisition of any property, or the control or management thereof whether temporarily or permanently; the compulsory amalgamation of bodies carrying on commercial or other undertakings; the extinction, modification, restriction or regulation of rights of directors, managers, agents and officers of any such bodies, or of the voting rights of persons owning shares or stock (in whatever form) therein; the extinction, modification, restriction or regulation of the right to search for or win minerals or mineral oil; the carrying on by the government or by a corporation owned, controlled or managed by the government, of any trade, business, industry or service to the exclusion, complete or partial, or other persons; or the extinction, modification, restriction or regulation of any right to property, any right in respect of a profession, occupation, trade or business or the rights of employers or employees in any statutory public authority or in any commercial or industrial undertaking; if parliament in such law (including, in the case of existing law, by amendment) expressly declares that such provision is made to give effect to any of the fundamental principles of state policy set out in part ii of this constitution. notwithstanding anything contained in this constitution the laws specified in the first schedule (including any amendment of any such law) shall continue to have full force and effect, and no provision of any such law, nor anything done or omitted to be done under the authority of such law, shall be deemed void or unlawful on the ground of inconsistency with, or repugnance to, any provision of this constitution: provided that nothing in this article shall prevent amendment, modification or repeal of any such law. notwithstanding anything contained in this constitution, no law nor any provision thereof providing for detention, prosecution or punishment of any person, who is a member of any armed or defence or auxiliary forces or any individual, group of individuals or organisation or who is a prisoner of war, for genocide, crimes against humanity or war crimes and other crimes under international law shall be deemed void or unlawful, or ever to have become void or unlawful, on the ground that such law or provision of any such law is inconsistent with, or repugnant to, any of the provisions of this constitution. 47a. inapplicability of certain articles the rights guaranteed under article 31, clauses (1) and (3) of article 35 and article 44 shall not apply to any person to whom a law specified in clause (3) of article 47 applies. notwithstanding anything contained in this constitution, no person to whom a law specified in clause (3) of article 47 applies shall have the right to move the supreme court for any of the remedies under this constitution. part iv. the executive chapter i. the president 48. the president there shall be a president of bangladesh who shall be elected by members of parliament in accordance with law. the president shall as head of state, take precedence over all other persons in the state, and shall exercise the powers and perform the duties conferred and imposed on him by this constitution and by any other law. in the exercise of all his functions, save only that of appointing the prime minister pursuant to clause (3) of article 56 and the chief justice pursuant to clause (1) of article 95, the president shall act in accordance with the advice of the prime minister: provided that the question whether any, and if so what, advice has been tendered by the prime minister to the president shall not be enquired into in any court. a person shall not be qualified for election as president if heis less than thirty-five years of age; or is not qualified for election as a member of parliament; or has been removed from the office of president by impeachment under this constitution. the prime minister shall keep the president informed on matters of domestic and foreign policy, and submit for the consideration of the cabinet any matter which the president may request him to refer to it. 49. prerogative of mercy the president shall have power to grant pardons, reprieves and respites and to remit, suspend or commute any sentence passed by any court, tribunal or other authority. 50. term of office of president subject to the provisions of this constitution, the president shall hold office for a term of five years from the date on which he enters upon his office: provided that notwithstanding the expiration of his term the president shall continue to hold office until his successor enters upon office. no person shall hold office as president for more than two terms, whether or not the terms are consecutive. the president may resign his office by writing under his hand addressed to the speaker. the president during his term of office shall not be qualified for election as a member of parliament, and if a member of parliament is elected as president he shall vacate his seat in parliament on the day on which he enters upon his office as president. 51. president's immunity without prejudice to the provisions of article 52, the president shall not be answerable in any court for anything done or omitted by him in the exercise or purported exercise of the functions of this office, but this clause shall not prejudice the right of any person to take proceedings against the government. during his term of office no criminal proceedings whatsoever shall be instituted or continued against the president in, and no process for his arrest or imprisonment shall issue from, any court. 52. impeachment of the president the president may be impeached on a charge of violating this constitution or of grave misconduct, preferred by a notice of motion signed by a majority of the total number of members of the parliament and delivered to the speaker, setting out the particulars of the charge, and the motion shall not be debated earlier than fourteen nor later than thirty days after the notice is so delivered; and the speaker shall forthwith summon parliament if it is not in session. the conduct of the president may be referred by parliament to any court, tribunal or body appointed or designated by parliament for the investigation of a charge under this article. the president shall have the right to appear and to be represented during the consideration of the charge. if after the consideration of the charge a resolution is passed by parliament by votes of not less than two-thirds of the total number of members declaring that the charge has been substantiated, the president shall vacate his office on the date on which the resolution is passed. where the speaker is exercising the functions of the president under article 54 the provisions of this article shall apply subject to the modifications that the reference to the speaker in clause (1) shall be construed as a deference to the deputy speaker, and that the reference in clause (4) to the vacation by the president of his office shall be construed as a reference to the vacation by the speaker of his office as speaker; and on the passing of a resolution such as is referred to in clause (4) the speaker shall cease to exercise the functions of president. 53. removal of president on ground of incapacity the president may be removed from office on the ground of physical or mental incapacity on a motion of which notice, signed by a majority of the total number of members of parliament, is delivered to the speaker, setting out particulars of the alleged incapacity. on receipt of the notice the speaker shall forthwith summon parliament if it is not in session and shall call for a resolution constituting a medical board (hereinafter in this article called "the board") and upon the necessary motion being made and carried shall forthwith cause a copy of the notice to be transmitted to the president together with a request signed by the speaker that the president submit himself within a period of ten days from the date of the request to an examination by the board. the motion for removal shall not be put to the vote earlier than fourteen nor later than thirty days after notice of the motion is delivered to the speaker, and if it is again necessary to summon parliament in order to enable the motion to be made within that period, the speaker shall summon parliament. the president shall have the right to appear and to be represented during the consideration of the motion. if the president has not submitted himself to an examination by the board before the motion is made in parliament, the motion may be put to the vote, and if it is passed by the votes of not less than two-thirds of the total number of members of parliament, the president shall vacate his office on the date on which the motion is passed. if before the motion for removal is made in parliament, the president has submitted himself to an examination by the board, the motion shall not be put to the vote until the board has been given an opportunity of reporting its opinion to parliament. if after consideration by parliament of the motion and of the report of the board (which shall be submitted within seven days of the examination held pursuant to clause (2) and if not so submitted shall be dispensed with) the motion is passed by the votes of not less than two-thirds of the total number of members of parliament, the president shall vacate his office on the date on which the resolution is passed. 54. speaker to act as president during absence, etc. if a vacancy occurs in the office of president or if the president is unable to discharge the functions of his office on account of absence, illness or any other cause of speaker shall discharge those functions until a president is elected or until the president resumes the functions of his office, as the case may be. chapter ii. the prime minister and the cabinet 55. the cabinet there shall be a cabinet for bangladesh having the prime minister at its head and comprising also such other ministers as the prime minister may from time to time designate. the executive power of the republic shall, in accordance with this constitution, be exercised by or on the authority of the prime minister. the cabinet shall be collectively responsible to parliament. all executive actions of the government shall be expressed to be taken in the name of the president. the president shall by rules specify the manner in which orders and other instruments made in his name shall be attested or authenticated, and the validity or any order of instrument so attested or authenticated shall not be questioned in any court on the ground that it was not duly made or executed. the president shall make rules for the allocation and transaction of the business of the government. 56. ministers there shall be prime minister, and such other ministers, ministers of state and deputy ministers as may be determined by the prime minister. the appointments of the prime minister and other ministers and of the ministers of state and deputy ministers, shall be made by the president: provided that not less than nine-tenths of their number shall be appointed from among members of parliament and not more than one-tenth of their number may be chosen from among persons qualified for election as members of parliament. the president shall appoint as prime minister the member of parliament who appears to him to command the support of the majority of the members of parliament. if occasion arises for making any appointment under clause (2) or clause (3) between a dissolution of parliament and the next following general election of members of parliament, the persons who were such members immediately before the dissolution shall be regarded for the purpose of this clause as counting to be such members. 57. tenure of office of prime minister the office of the prime minister shall be vacantif he resigns from office at any time by placing his resignation in the hands of the president; or if he ceases to be a member of parliament. if the prime minister ceases to retain the support of a majority of the members of parliament, he shall either resign his office or advise the president shall, if he is satisfied that no other member of parliament commands the support of the majority of the members of parliament, dissolve parliament accordingly. nothing in this article shall disqualify the prime minister for holding office until his successor has entered upon office. 58. tenure of office of other ministers the office of a minister other than the prime minister shall become vacantif he resigns from office by placing his resignation in the hands of the prime minister for submission to the president; if he ceases to be a member of parliament, but this shall not be applicable to a minister chosen under the proviso to article 56(2); if the president, pursuant to the provisions of clause (2), so directs; or as provided in clause (4). the prime minister may at any time request a minister to resign, and if such minister fails to comply with the request, may advise the president to terminate the appointment of such minister. nothing in sub-clauses (a), (b), and (d) of clause (1) shall disqualify a minister for holding office during any period in which parliament stands dissolved. if the prime minister resigns from or ceases to hold office, each of the other ministers shall be deemed also to have resigned from office but shall, subject to the provisions of the chapter, continue to hold office until his successor has entered upon office. in this article "minister" includes minister of state and deputy minister. chapter iia. non-party care taker government [omitted] chapter iii. local government 59. local government local government in every administrative unit of the republic shall be entrusted to bodies, composed of persons elected in accordance with law. everybody such as is referred to in clause (1) shall, subject to this constitution and any other law, perform within the appropriate administrative unit such functions as shall be prescribed by act of parliament, which may include functions relating toadministration and the work of public officers; the maintenance of public order; the preparation and implementation of plans relating to public services and economic development. 60. powers of local government bodies for the purpose of giving full effect to the provisions of article 59, parliament shall, by law, confer powers on the local government bodies referred to in that article, including power to impose taxes for local purposes, to prepare their budgets and to maintain funds. chapter iv. the defence services 61. supreme command the supreme command of the defence services of bangladesh shall vest in the president and the exercise thereof shall be regulated by law. 62. recruitment, etc., of defence services parliament shall by law provide for regulatingthe raising and maintaining of the defence services of bangladesh and of their reserves; the grant of commissions therein; the appointment of chief of staff of the defence services, and their salaries and allowances; and the discipline and other matters relating to those services and reserves. until parliament by law provides for the matters specified in clause (1), the president may, by order, provide for such of them as are not already subject to existing law. 63. war war shall not be declared and the republic shall not participate in any war except with the assent of parliament. chapter v. the attorney-general 64. the attorney-general the president shall appoint a person who is qualified to be appointed as a judge of the supreme court to be attorney-general for bangladesh. the attorney-general shall perform such duties as may be assigned to him by the president. in the performance of his duties, the attorney-general shall have the right of audience in all courts of bangladesh. the attorney-general shall hold office during the pleasure of the president, and shall receive such remuneration as the president may determine. part v. the legislature chapter i. parliament 65. establishment of parliament there shall be a parliament for bangladesh (to be known as the house of the nation) in which subject to the provisions of this constitution, shall be vested the legislative powers of the republic: provided that nothing in this clause shall prevent parliament from delegating to any person or authority, by act of parliament, power to make orders, rules, regulations, bye-laws or other instruments having legislative effect. parliament shall consist of three hundred members to be elected in accordance with law from single territorial constituencies by direct election and, for so long as clause (3) is effective, the members provided for in that clause; the member shall be designated as members of parliament. until the dissolution of parliament occurring next after the expiration of the period of ten years beginning from the date of the first meeting of the parliament next after the parliament in existence at the time of the commencement of the constitution (fourteenth amendment) act, 2004, there shall be reserved fifty seats exclusively for women members and they will be elected by the aforesaid members in accordance with law on the basis of procedure of proportional representation in the parliament through single transferable vote: provided that nothing in this clause shall be deemed to prevent a woman from being elected to any of the seats provided for in clause (2) of this article. for the remaining period of the parliament in existence at the time of the commencement of the constitution (fifteenth amendment) act, 2011, parliament shall consist of three hundred members elected by direct election provided for in clause (2) and fifty women members provided for in clause (3). the seat of parliament shall be in the capital. 66. qualifications and disqualifications for election to parliament a person shall subject to the provisions of clause (2), be qualified to be elected as, and to be, a member of parliament if he is a citizen of bangladesh and has attained the age of twenty-five years. a person shall be disqualified for election as, or for being, a member of parliament whois declared by a competent court to be of unsound mind; is an undercharged insolvent; acquires the citizenship of, or affirms of acknowledges allegiance to, a foreign state; has been, on conviction for a criminal offence involving moral turpitude, sentenced to imprisonment for a term of not less than two years unless a period of five years has elapsed since his release; has been convicted of any offence under the bangladesh collaborators (special tribunals) order, 1972; holds any office of profit in the service of the republic other than an office which is declared by law not to be disqualified its holder; or is disqualified for such election by or under any law. notwithstanding anything contained in sub-clause (c) of clause (2) of this article, if any person being a citizen of bangladesh by birth acquires the citizenship of a foreign state and thereafter such personin the case of dual citizenship, gives up the foreign citizenship ; or in other cases, again accepts the citizenship of bangladeshfor the purposes of this article, he shall not be deemed to acquire the citizenship of a foreign state. for the purposes of this article, a person shall not be deemed to hold an office of profit in the service of the republic by reason only that he is the president, prime minister, the speaker, the deputy speaker, a minister, minister of state or deputy minister. if any dispute arises as to whether a member of parliament has, after his election, become subject to any of the disqualifications mentioned in clause (2) or as to whether a member of parliament should vacate his seat pursuant to article 70, the dispute shall be referred to the election commission to hear and determine it and the decision of the commission on such reference shall be final. parliament may, by law, make such provision as it deems necessary for empowering the election commission to give full effect to the provisions of clause (4). 67. vacation of seats of members a member of parliament shall vacate his seatif he fails, within the period of ninety days from the date of the first meeting of parliament after his election, to make and subscribe the oath or affirmation prescribed for a member of parliament in the third schedule: provided that the speaker may, before the expiration of that period, for good cause extend it;if he is absent from parliament, without the leave of parliament, for ninety consecutive sitting days; upon a dissolution of parliament; if he has incurred a disqualification under clause (2) of article 66; or in the circumstances specified in article 70. a member of parliament may resign his seat by writing under his hand addressed to the speaker, and the seat shall become vacant when the writing is received by the speaker or, if the office of speaker is vacant or the speaker is for any reason unable to perform his functions, by the deputy speaker. 68. remuneration, etc., of members of parliament members of parliament shall be entitled to such remuneration, allowances and privileges as may be determined by act of parliament or, until so determined, by order made by the president. 69. penalty for member sitting or voting before taking oath if a person sits or votes as a member of parliament before he makes or subscribes the oath or affirmation in accordance with this constitution, or when he knows that he is not qualified or is disqualified for membership thereof, he shall be liable in respect of each day on which he so sits or votes to a penalty of one thousand taka to be recovered as a debt due to the republic. 70. vacation of seat on resignation, etc. a person elected as a member of parliament at an election at which he was nominated as a candidate by a political party shall vacate his seat if heresigns from that party; or votes in parliament against the party; but shall not thereby be disqualified for subsequent election as a member of parliament. 71. bar against double membership no person shall at the same time be a member of parliament in respect of two or more constituencies. nothing in clause (1) shall prevent a person from being at the same time a candidate for two or more constituencies, but in the event of his being elected for more than onewithin thirty days after his last election the person elected shall deliver to the chief election commissioner a signed declaration specifying the constituency which he wishes to represent, and the seats of the other constituencies for which he was elected shall thereupon fall vacant; if the person elected fails to comply with sub-clause (a) all the seats for which he was elected shall fall vacant; the person elected shall not make or subscribe the oath or affirmation of a member of parliament until the foregoing provisions of this clause, so far as applicable, have been complied with. 72. sessions of parliament parliament shall be summoned, prorogued and dissolved by the president by public notification and when summoning parliament the president shall specify the time and place of the first meeting: provided that except the period of ninety days as mentioned in clause (a) of clause (3) of article 123 for remaining term a period exceeding sixty days shall not intervene between the end of one session and the first sitting of parliament in the next session; provided further that in the exercise of his functions under this clause, the president shall act in accordance with the advice of the prime minister tendered to him in writing. notwithstanding the provisions of clause (1) parliament shall be summoned to meet within thirty days after the declaration of the results of polling at any general election of members of parliament. unless sooner dissolved by the president, parliament shall stand dissolved on the expiration of the period of five years from the date of its first meeting: provided that at any time when the republic is engaged in war the period may be extended by act of parliament by not more than one year at a time but shall not be so extended beyond six months after the termination of the war. if after a dissolution and before the holding of the next general election of members of parliament the president is satisfied that owing to the existence of a state of war in which the republic is engaged it is necessary to recall parliament, the president shall summon the parliament that has been dissolved to meet. subject to the provisions of clause (1), the sittings of parliament shall be held at such times and places as parliament may by its rules of procedure or otherwise determine. 73. president's address and messages to parliament the president may address parliament, and may send messages thereto. at the commencement to the first session after a general election of members of parliament and at the commencement of the first session of each year the president shall address parliament. parliament shall, after the presentation of an address by the president, or the receipt of a message from him, discuss the matter referred to in such address or message. 73a. rights of ministers as respects parliament every minister shall have the right to speak in, and otherwise to take part in the proceedings of, parliament, but shall not be entitled to vote or to speak on any matter not related to his ministry unless he is a member of parliament also. in this article, "minister" includes a prime minister, minister of state and deputy minister. 74. speaker and deputy speaker parliament shall at the first sitting after any general election elect from among its members a speaker and a deputy speaker, and if either office becomes vacant shall within seven days or, if parliament is not then sitting, at its first meeting thereafter, elect one of its members to fill the vacancy. the speaker or deputy speaker shall vacate his officeif he ceases to be a member of parliament; if he becomes a minister; if parliament passes a resolution (after not less than fourteen days, notice has been given of the intention to move the resolution) supported by the votes of a majority of all the members thereof, requiring his removal from office; if he resigns his office by writing under his hand delivered to the president; if after a general election another member enters upon that office; or in the case of the deputy speaker, if he enters upon the office of speaker. while the office of the speaker is vacant or the speaker is acting as president, or if it is determined by parliament that the speaker is otherwise unable to perform the functions of his office, those functions shall be performed by the deputy speaker or, if the office of the deputy speaker is vacant, by such member of parliament as may be determined by or under the rules of procedure of parliament; and during the absence of the speaker from any sitting of parliament the deputy speaker or, if he also is absent, such person as may be determined by or under the rules of procedure, shall act as speaker. at any sitting of parliament, while a resolution for the removal of the speaker from his office is under consideration the speaker (or while any resolution for the removal of the deputy speaker form his office is under consideration, the deputy speaker) shall not preside, and the provisions of clause (3) shall apply in relation to every such sitting as they apply in relation to a sitting from which the speaker or, as the case may be the deputy speaker is absent. the speaker or the deputy speaker, as the case may be, shall have the right to speak in, and otherwise to take part in, the proceedings of parliament while any resolution for his removal from office is under consideration in parliament, and shall be entitled to vote but only as a member. notwithstanding the provisions of clause (2) the speaker or, as the case may be, the deputy speaker, shall be deemed to continue to hold office until his successor has entered upon office. 75. rules of procedure, quorum, etc. subject to this constitutionthe procedure of parliament shall be regulated by rules of procedure made by it, and until such rules are made shall be regulated by rules of procedure made by the president; a decision in parliament shall be taken by a majority of the votes of the members present and voting, but the person presiding shall not vote except when there is an equality of votes, in which case he shall exercise a casting vote; no proceeding in parliament shall be invalid by reason only that there is a vacancy in the membership thereof or that a person who was not entitled to do so was present at, or voted or otherwise participated in, the proceeding. if at any time during which parliament is in session the attention of the person presiding is drawn to the fact that the number of members present is less than sixty, he shall either suspend the meeting until at least sixty members are present, or adjourn it. 76. standing committees of parliament parliament shall appoint from among its members the following standing committees, that is to saya public accounts committee; committee of privileges; and such other standing committees as the rules of procedure of parliament require. in addition to the committees referred to in clause (1), parliament shall appoint other standing committees, and a committee so appointed may, subject to his constitution and to any other lawexamine draft bills and other legislative proposals; review the enforcement of laws and propose measures for such enforcement; in relation to any matter referred to it by parliament as a matter of public importance, investigate or inquire into the activities or administration of a ministry and may require it to furnish, through an authorised representative, relevant information and to answer questions, orally or in writing; perform any other function assigned to it by parliament. parliament may by law confer on committees appointed under this article powers forenforcing the attendance of witnesses and examining them on oath, affirmation or otherwise; compelling the production of documents. 77. ombudsman parliament may, by law, provide for the establishment of the office of ombudsman. the ombudsman shall exercise such powers and perform such functions as parliament may, by law, determine, including the power to investigate any action taken by a ministry, a public officer or a statutory public authority. the ombudsman shall prepare an annual report concerning the discharge of his functions, and such report shall be laid before parliament. 78. privileges and immunities of parliament and members the validity of the proceedings in parliament shall not be questioned in any court. a member or officer of parliament in whom powers are vested for the regulation of procedure, the conduct of business or the maintenance of order in parliament, shall not in relation to the exercise by him of any such powers be subject to the jurisdiction of any court. a member of parliament shall not be liable to proceedings in any court in respect of anything said, or any vote given, by him in parliament or in any committed thereof. a person shall not be liable to proceedings in any court in respect of the publication by or under the authority of parliament of any report, paper, vote or proceeding. subject to this article, the privileges of parliament and of its committees and members may be determined by act of parliament. 79. secretariat of parliament parliament shall have its own secretariat. parliament may, by law, regulate the recruitment and conditions of service of persons appointed to the secretariat of parliament. until provision is made by parliament the president may, after consultation with the speaker, make rules regulating the recruitment and condition of service of persons appointed to the secretariat of parliament, and rules so made shall have effect subject to the provisions of any law. chapter ii. legislative and financial procedures 80. legislative procedure every proposal in parliament for making law shall be made in the form of a bill. when a bill is passed by parliament it shall be presented to the president for assent. the president within fifteen days after a bill is presented to him, shall assent to the bill or, in the case of a bill other than a money bill, may return it to parliament with a message requesting that the bill or any particular provisions thereof by reconsidered, and that any amendments specified by him in the message be considered; and if he fails so to do he shall be deemed to have assented to the bill at the expiration of that period. if the president so returns the bill parliament shall consider it together with the president's message, and if the bill is again passed by parliament with or without amendments, it shall be presented to the president for his assent, whereupon the president shall assent to the bill within the period of seven days after it has been presented to him, and if he fails to do so he shall be deemed to have assented to the bill on the expiration of that period. when the president has assented or is deemed to have assented to a bill passed by parliament it shall become law and shall be called an act of parliament. 81. money bills in this part "money bill" means a bill containing only provisions dealing with all or any of the following mattersthe imposition, regulation, alteration, remission or repeal of any tax; the borrowing of money or the giving of any guarantee by the government, or the amendment of any law relating to the financial obligations of the government; the custody of the consolidated fund, the payment of money into, or the issue or appropriation of moneys from, the fund; the imposition of a charge upon the consolidated fund, or the alteration or abolition of any such charge; the receipt of moneys on account of the consolidated fund or the public account of the republic, or the custody or issue of such moneys, or the audit of the accounts of the government; any subordinate matter incidental to any of the matters specified in the foregoing sub clauses. a bill shall not be deemed to be a money bill by reason only that it provides for the imposition or alteration of any fine or other pecuniary penalty, or for the levy or payment of a licence fee or a fee or charge for any service rendered, or by reason only that it provides for the imposition, regulation, alteration, remission or repeal of any tax by a local authority or body for local purposes. every money bill shall, when it is presented to the president for his assent, bear a certificate under the hand of the speaker that it is a money bill, and such certificate shall be conclusive for all purposes and shall not be questioned in any court. 82. recommendation for financial measures no money bill, or any bill which involves expenditure from public moneys, shall be introduced into parliament except on the recommendation of the president: provided that in any money bill no recommendation shall be required under this article for the moving of an amendment making provision for the reduction or abolition of any tax. 83. no taxation except by or under act of parliament no tax shall be levied or collected except by or under the authority of an act of parliament. 84. consolidated fund and the public account of the republic all revenues received by the government, all loans raised by the government, and all moneys received by it in repayment of any loan, shall form part of one fund to be known as the consolidated fund. all other public moneys received by or on behalf of the government shall be credited to the public account of the republic. 85. regulation of public moneys the custody of public moneys, their payment into and the withdrawal from the consolidated fund or, as the case may be, the public account of the republic, and matters connected with or ancillary to the matters aforesaid, shall be regulated by act of parliament, and until provision in that behalf is so made, by rules made by the president. 86. moneys payable to public account of republic all moneys received by or deposited withany person employed in the service of the republic or in connection with the affairs of the republic, other than revenues or moneys which by virtue of clause (1) of article 84 shall form part of the consolidated fund; or any court to the credit of any cause, matter, account or persons, shall be paid into the public account of the republic. 87. annual financial statement there shall be laid before parliament, in respect of each financial year, a statement of the estimated receipts and expenditure of the government for that year, in this part referred to as the annual financial statement. the annual financial statement shall show separatelythe sums required to meet expenditure charged by or under this constitution upon the consolidated fund; and the sums required to meet other expenditure proposed to be made from the consolidated fund; and shall distinguish expenditure on revenue account from other expenditure. 88. charges on consolidated fund the following expenditure shall be charged upon the consolidated fundthe remuneration payable to the president and other expenditure relating to his office; the remuneration payable tothe speaker and deputy speaker; the judges of the supreme court; the comptroller and auditor-general; the election commissioners; the members of the public service commissions; the administrative expenses of, including remuneration payable to, officers and servants of parliament, the supreme court, the comptroller and auditor-general, the election commission and the public service commissions. all debt charges for which the government is liable, including interest, sinking fund charges, the repayment or amortisation of capital, and other expenditure in connection with the raising of loans and the service and redemption of debt; any sums required to satisfy a judgment, decree or award against the republic by any court or tribunal; and any other expenditure charged upon the consolidated fund by this constitution or by act of parliament. 89. procedure relating to annual financial statement so much of the annual financial statement as relates to expenditure charged upon the consolidated fund may be discussed in, but shall not be submitted to the vote of, parliament. so much of the annual financial statement as relates to other expenditure shall be submitted to parliament in the form of demands for grants, and parliament shall have power to assent to or to refuse to assent to any demand, or to assent to it subject to a reduction of the amount specified therein. no demand for a grant shall be made except on the recommendation of the president. 90. appropriation act as soon as may be after the grants under article 89 have been made by parliament there shall be introduced in parliament a bill to provide for appropriation out of the consolidated fund of all moneys required to meetthe grants so made by parliament; and the expenditure charged on the consolidated fund but not exceeding in any case the amount shown in the annual financial statement laid before parliament. no amendment shall be proposed in parliament to any such bill which has the effect of varying the amount of any grant so made or altering the purpose to which it is to be applied, or of varying the amount of any expenditure charged on the consolidated fund. subject to the provisions of this constitution no money shall be withdrawn from the consolidated fund except under appropriation made by law passed in accordance with the provisions of this article. 91. supplementary and excess grants if in respect of any financial year it is foundthat the amount authorised to be expended for a particular service for the current financial year is insufficient or that a need has arisen for expenditure upon some new service not included in the annual financial statement for that year; or that any money has been spent on a service during a financial year in excess of the amount granted for that service for that year; the president shall have power to authorise expenditure from the consolidated fund whether or not it is charged by or under the constitution upon that fund and shall cause to be laid before parliament a supplementary financial statement setting out the estimated amount of the expenditure or, as the case may be an excess financial statement setting out the amount of the excess, and the provisions of articles 87 to 90 shall (with the necessary adaptations) apply in relation to those statements as they apply in relation to the annual financial statement. 92. votes on account, votes of credit, etc. notwithstanding anything in the foregoing provisions of this chapter, parliament shall have powerto make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in article 89 for the voting of such grant and the passing of a law in accordance with the provisions of article 90 in relation to that expenditure; to make a grant for meeting an unexpected demand upon the resources of the republic when on account of the magnitude or the indefinite character of the service the demand cannot be specified with the details ordinarily given in an annual financial statement; to make an exceptional grant which forms no part of the current service of any financial year; and parliament shall have power to authorise by law the withdrawal of moneys from the consolidated fund for the purposes for which such grants are made. the provisions of articles 89 and 90 shall have effect in relation to the making of any grant under clause (1), and to any law to be made under that clause, as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and to the law to be made for the authorisation of appropriation of moneys out of the consolidated fund to meet such expenditure. notwithstanding anything contained in the foregoing provisions of the this chapter, if, in respect of a financial year, parliamenthas failed to make the grants under article 89 and pass the law under article 90 before the beginning of that year and has not also made any grant in advance under this article; or has failed to make the grants under article 89 and pass the law under article 90 before the expiration of the period for which the grants in advance, if any, were made under this article, the president may, upon the advice of the prime minister, by order, authorise the withdrawal from the consolidated fund moneys necessary to meet expenditure mentioned in the financial statement for that year for a period not exceeding sixty days in year, pending the making of the grants and passing of the law. 92a. authorisation of expenditure in certain cases [omitted] chapter iii. ordinance making power 93. ordinance making power at any time when parliament stands dissolved or is not in session, if the president is satisfied that circumstances exist which render immediate action necessary, he may make and promulgate such ordinances as the circumstances appear to him to require, and any ordinance so made shall, as from its promulgation have the like force of law as an act of parliament: provided that no ordinance under this clause shall make any provisionwhich could not lawfully be made under this constitution by act of parliament; for altering or repealing any provision of this constitution; or continuing in force any provision of an ordinance previously made. an ordinance made under clause (1) shall be laid before parliament at its first meeting following the promulgation of the ordinance and shall, unless it is earlier repealed, cease to have effect at the expiration of thirty days after it is so laid or, if a resolution disapproving of the ordinance is passed by parliament before such expiration, upon the passing of the resolution. at any time when parliament stands dissolved, the president may, if he is satisfied that circumstances exist which render such action necessary, make and promulgate an ordinance authorising expenditure from the consolidated fund, whether the expenditure is charged by the constitution upon that fund or not, and any ordinance so made shall, as from its promulgation, have the like force of law as an act of parliament. every ordinance promulgated under clause (3) shall be laid before parliament as soon as may be, and the provisions for articles 87, 89 and 90 shall, with necessary adaptations, be complied with in respect thereof within thirty days of the reconstitution of parliament. part vi. the judiciary chapter i. the supreme court 94. establishment of supreme court there shall be a supreme court for bangladesh (to be known as the supreme court of bangladesh) comprising the appellate division and the high court division. the supreme court shall consist of the chief justice, to be known as the chief justice of bangladesh, and such number of other judges as the president may deem it necessary to appoint to each division. the chief justice, and the judges appointed to the appellate division, shall sit only in that division, and the other judges shall sit only in the high court division. subject to the provisions of this constitution the chief justice and the other judges shall be independent in the exercise of their judicial functions. 95. appointment of judges the chief justice shall be appointed by the president, and the other judges shall be appointed by the president after consultation with the chief justice. a person shall not be qualified for appointment as a judge unless he is a citizen of bangladesh andhas, for not less than ten years, been an advocate of the supreme court; or has, for not less than ten years, held judicial office in the territory of bangladesh; or has such other qualifications as may be prescribed by law for appointment as a judge of the supreme court. in this article, "supreme court" includes a court which at any time before the commencement of this constitution exercised jurisdiction as a high court in the territory of bangladesh. 96. tenure of office of judges subject to the other provisions of this article, a judge shall hold office until he attains the age of sixty seven years. a judge shall not be removed from his office except by an order of the president passed pursuant to a resolution of parliament supported by a majority of not less than two-thirds of the total number of members of parliament, on the ground of proved misbehaviour or incapacity. parliament may by law regulate the procedure in relation to a resolution under clause (2) and for investigation and proof of the misbehaviour or incapacity of a judge. a judge may resign his office by writing under his hand addressed to the president. 97. temporary appointment of chief justice if the office of the chief justice becomes vacant, or if the president is satisfied that the chief justice is, on account of absence, illness, or any other cause, unable to perform the functions of his office, those functions shall, until some other person has entered upon that office, or until the chief justice has resumed his duties, as the case may be, be performed by the next most senior judge of the appellate division. 98. additional supreme court judges notwithstanding the provisions of article 94, if the president is satisfied that the number of the judge of a division of the supreme court should be for the time being increased, the president may appoint one or more duly qualified persons to be additional judges of that division for such period not exceeding two years as he may specify, or, if he thinks fit, may require a judge of the high court division to sit in the appellate division for any temporary period: provided that nothing in this article shall prevent a person appointed as an additional judge from being appointed as a judge under article 95 or as an additional judge for a further period under this article. 99. disabilities of judges after retirement a person who has held office as a judge (otherwise than as an additional judge pursuant to the provisions of article 98), shall not, after his retirement or removal therefrom, plead or act before any court or authority or hold any office of profit in the service of the republic not being a judicial or quasi-judicial office. notwithstanding anything contained in clause (1), a person who has held office as a judge of the high court division may, after his retirement or removal therefrom, plead or act before the appellate division. 100. seat of supreme court the permanent seat of the supreme court, shall be in the capital, but sessions of the high court division may be held at such other place or places as the chief justice may, with the approval of the president, from time to time appoint. 101. jurisdiction of high court division the high court division shall have such original, appellate and other jurisdictions, powers and functions as are or may be conferred on it by this constitution or any other law. 102. powers of high court division to issue certain orders and directions, etc. the high court division on the application of any person aggrieved, may give such directions or orders to any person or authority, including any person performing any function in connection with the affairs of the republic, as may be appropriate for the enforcement of any the fundamental rights conferred by part iii of this constitution. the high court division may, if satisfied that no other equally efficacious remedy is provided by lawon the application of any person aggrieved, make an orderdirecting a person performing any functions in connection with the affairs of the republic or of a local authority to refrain from doing that which he is not permitted by law to do or to do that which he is required by law to do; or declaring that any act done or proceeding taken by a person performing functions in connection with the affairs of the republic or of a local authority has been done or taken without lawful authority and is of no legal effect; or on the application of any person, make an orderdirecting that a person in custody be brought before it so that it may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner; or requiring a person holding or purporting to hold a public office to show under what authority he claims to hold that office. notwithstanding anything contained in the foregoing clauses, the high court division shall have no power under this article to pass any interim or other order in relation to any law to which article 47 applies. whereon an application made under clause (1) or sub-clause (a) of clause (2), an interim order is prayed for and such interim order is likely to have the effect ofprejudicing or interfering with any measure designed to implement any development programme, or any development work; or being otherwise harmful to the public interest, the high court division shall not make an interim order unless the attorney-general has been given reasonable notice of the application and he (or an advocate authorised by him in that behalf) has been given an opportunity or being heard, and the high court division is satisfied that the interim order would not have the effect referred to in sub-clause (a) or sub-clause (b). in this article, unless the context otherwise requires, "person" includes a statutory public authority and any court or tribunal, other than a court or tribunal established under a law relating to the defence services of bangladesh or any disciplined force or a tribunal to which article 117 applies. 103. jurisdiction of appellate division the appellate division shall have jurisdiction to hear and determine appeals from judgments, decrees, orders or sentences of the high court division. an appeal to the appellate division from a judgment, decree, order or sentence of the high court division shall lie as of right where the high court divisioncertifies that the case involves a substantial question of law as to the interpretation of this constitution; or has confirmed a sentence of death or sentenced a person to death or to imprisonment for life; or has imposed punishment on a person for contempt of that division; and in such other cases as may be provided for by act of parliament. an appeal to the appellate division for a judgment, decree, order or sentence of the high court division in a case to which clause (2) does not apply shall lie only if the appellate division grants leave to appeal. parliament may by law declare that the provisions of this article shall apply in relation to any other court or tribunal as they apply in relation to the high court division. 104. issue and execution of processes of appellate division the appellate division shall have power to issue such directions, orders, decrees or writs as may be necessary for doing complete justice in any cause or matter pending before it, including orders for the purpose of securing the attendance or any person or the discovery or production of any document. 105. review of judgments or orders by appellate division the appellate division shall have power, subject to the provisions of any act of parliament and of any rules made by that division to review any judgment pronounced or order made by it. 106. advisory jurisdiction of supreme court if at any time it appears to the president that a question of law has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the supreme court upon it, he may refer the question to the appellate division for consideration and the division may, after such hearing as it thinks fit, report its opinion thereon to the president. 107. rule-making power of the supreme court subject to any law made by parliament the supreme court may, with the approval of the president, make rules for regulating the practice and procedure of each division of the supreme court and of any court subordinate to it. the supreme court may delegate any of its functions under clause (1) and article 113 and 116 to a division of that court or to one or more judges. subject to any rules made under this article the chief justice shall determine which judge are to constitute any bench of a division of the supreme court and which judges are to sit for any purpose. the chief justice may authorise the next most senior judge of either division of the supreme court to exercise in that division any of the powers conferred by clause (3) or by rules made under this article. 108. supreme court as court of record the supreme court shall be a court of record and shall have all the powers of such a court including the power subject to law to make an order for the investigation of or punishment for any contempt of itself. 109. superintendence and control over courts the high court shall have superintendence and control over all courts and tribunals subordinate to it. 110. transfer of cases from subordinate courts to high court division if the high court division is satisfied that a case pending in a court subordinate to it involves a substantial question of law as to the interpretation of this constitution, or on a point of general public importance, the determination of which in necessary for the disposal of the case, it shall withdraw the case from that court and mayeither dispose of the case itself; or determine the question of law and return the case to the court from which it has been so withdrawn (or transfer it to another subordinate court) together with a copy of the judgment of the division on such question, and the court to which the case is so returned or transferred shall, on receipt thereof, proceed to dispose of the case in conformity with such judgement. 111. binding effect of supreme court judgments the law declared by the appellate division shall be binding on the high court division and the law declared by either division of the supreme court shall be binding on all courts subordinate to it. 112. action in aid of supreme court all authorities, executive and judicial, in the republic shall act in aid of the supreme court. 113. staff of supreme court appointments of the staff of the supreme court shall be made by the chief justice or such other judge or officer of that court as he may direct, and shall be made in accordance with rules made with the previous approval of the president by the supreme court. subject to the provisions of any act of parliament the conditions of service of members of the staff of the supreme court shall be such as may be prescribed by rules made by that court. chapter ii. subordinate courts 114. establishment of subordinate courts there shall be in addition to the supreme court such courts subordinate thereto as may be established by law. 115. appointments to subordinate courts appointments of persons to offices in the judicial service or as magistrates exercising judicial functions shall be made by the president in accordance with rules made by him in that behalf. 116. control and discipline of subordinate courts the control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judicial service and magistrates exercising judicial functions shall vest in the president and shall be exercised by him in consultation with the supreme court]. 116a. judicial officers to be independent in the exercise of their functions subject to the provisions of the constitution, all persons employed in the judicial service and all magistrates shall be independent in the exercise of their judicial functions. chapter iii. administrative tribunals 117. administrative tribunals notwithstanding anything hereinbefore contained, parliament may be law establish one or more administrative tribunals to exercise jurisdiction in respect of matter relating to or arising out ofthe terms and conditions of persons in the service of the republic, including the matters provided for in part ix and the award of penalties or punishment; the acquisition, administration, management and disposal of any property vested in or managed by the government by or under any law, including the operation and management of, and service in any nationalised enterprise or statutory public authority; any law to which clause (3) of article 102 applies. where any administrative tribunal is established under this article, no court shall entertain any proceedings or make any order in respect of any matter falling within the jurisdiction of such tribunal: provided that parliament may, by law, provide for appeals from, or the review of, decisions of any such tribunal. part via. the national party [omitted] part vii. elections 118. establishment of election commission there shall an election commission for bangladesh consisting of the chief election commissioner and not more than four election commissioners and the appointment of the chief election commissioner and other election commissioners (if any) shall, subject to the provisions of any law made in that behalf, be made by the president. when the election commission consists of more than one person, the chief election commissioner shall act as the chairman thereof. subject to the provisions of this constitution the term of office of an election commissioner shall be five years from the date on which he enters upon his office, anda person who has held office as chief election commissioner shall not be eligible for appointment in the service of the republic; any other election commissioner shall, on ceasing to hold office as such, be eligible for appointment as chief election commissioner but shall not be otherwise eligible for appointment in the service of the republic. the election commission shall be independent in the exercise of its functions and subject only to this constitution and any other law. subject to the provisions of any law made by parliament, the conditions of service of election commissioners shall be such as the president may, by order, determine: provided that an election commissioner shall not be removed from his office except in like manner and on the like grounds as a judge of the supreme court. an election commissioner may resign his office by writing under his hand addressed to the president. 119. functions of election commission the superintendence, direction and control of the preparation of the election rolls for elections to the office of president and to parliament and the conduct of such elections shall vest in the election commission which shall, in accordance with this constitution and any other lawhold elections to the office of president; hold elections of members of parliament; delimit the constituencies for the purpose of elections to parliament; and prepare electoral roles for the purpose of elections to the office of president and to parliament. the election commission shall perform such functions, in addition to those specified in the foregoing clauses, as may be prescribed by this constitution or by any other law. 120. staff of election commission the president shall, when so requested by the election commission, make available to it such staff as may be necessary for the discharge of its functions under this part. 121. single electoral roll for each constituency there shall be one electoral roll for each constituency for the purposes of elections to parliament, and no special electoral roll shall be prepared so as to classify electors according to religion, race, caste or sex. 122. qualifications for registration as voter the elections to parliament shall be on the basis of adult franchise. a person shall be entitled to be enrolled on the electoral roll for a constituency delimited the purpose of election to parliament, if heis a citizen of bangladesh; is not less than eighteen years of age; does not stand declared by a competent court to be of unsound mind; or is deemed by law to be a resident of that constituency; and has not been convicted of any offence under the bangladesh collaborators (special tribunals) order, 1972. 123. time for holding elections in the case of a vacancy in the office of president occurring by reason of the expiration of his term of office an election to fill the vacancy shall be held within the period of ninety to sixty days prior to the date of expiration of the term: provided that if the term expires before the dissolution of the parliament by members of which he was elected the election to fill the vacancy shall not be held until after the next general election of members of parliament, but shall be held within thirty days after the first sitting of parliament following such general election. in the case of a vacancy in the office of president occurring by reason of the death, resignation or removal of the president, an election to fill the vacancy shall be held within the period of ninety days after the occurrence of the vacancy. a general election of the members of parliament shall be heldin the case of a dissolution by reason of the expiration of its term, within the period of ninety days preceding such dissolution; in the case of a dissolution otherwise than by reason of such expiration, within ninety days after such dissolution: provided that the persons elected at a general election under sub-clause (a) shall not assume office as members of parliament except after the expiration of the term referred to therein. an election to fill the seat of a member of parliament which falls vacant otherwise than by reason of the dissolution of parliament shall be held within ninety days of the occurrence of the vacancy: provided that in a case where, in the opinion of the chief election commissioner, it is not possible, for reasons of an act of god, to hold such election within the period specified in this clause, such election shall be held within ninety days following next after the last day of such period. 124. parliament may make provision as to elections subject to the provisions of this constitution, parliament may by law make provision with respect to all matters relating to or in connection with election to parliament, including the delimitation of constituencies, the preparation of electoral rolls, the holding of elections, and all other matters necessary for securing the due constitution of parliament. 125. validity of election law and elections notwithstanding anything in this constitutionthe validity of any law relating to the delimitation of constituencies, or the allotment of seats to such constituencies, made or purporting to be made under article 124, shall not be called in question in any court; no election to the office of president or to parliament shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by parliament. a court shall not pass any order or direction, ad interim or otherwise, in relation to an election for which schedule has been announced, unless the election commission has been given reasonable notice and an opportunity of being heard. 126. executive authorities to assist election commission it shall be the duty of all executive authorities to assist the election commission in the discharge of its functions. part viii. the comptroller and auditor-general 127. establishment of office of auditor-general there shall be a comptroller and auditor-general of bangladesh (hereinafter referred to as the auditor-general) who shall be appointed by the president. subject to the provisions of this constitution and of any law made by parliament, the conditions of service of the auditor-general shall be such as the president may, by order, determine. 128. functions of auditor-general the public accounts of the republic and of all courts of law and all authorities and officers of the government shall be audited and reported on by the auditor-general and for that purpose he or any person authorised by him in that behalf shall have access to all records, books, vouchers, documents, cash, stamps, securities, stores or other government property in the possession of any person in the service of the republic. without prejudice to the provisions of clause (1), if it is prescribed by law in the case of any body corporate directly established by law, the accounts of that body corporate shall be audited and reported on by such person as may be so prescribed. parliament may by law require the auditor-general to exercise such functions, in addition to those specified in clause (1), as such law may prescribe, and until provision is made by law under this clause the president may, by order, make such provision. the auditor-general, in the exercise of his functions under clause (1), shall not be subject to the direction or control of any other person or authority. 129. term of office of auditor-general the auditor-general shall, subject to the provisions of this article, hold office for five years from the date on which he entered upon his office, or until he attains the age of sixty-five years, whichever is earlier. the auditor-general shall not be removed from his office except in like manner and on the like grounds as a judge of the supreme court. the auditor-general may resign his office by writing under his hand addressed to the president. on ceasing to hold office the auditor-general shall not be eligible for further office in the service of the republic. 130. acting auditor-general at any time when the office of auditor-general is vacant, or the president is satisfied that the auditor-general is unable to perform his functions on account of absence, illness or any other cause, the president may appoint a person to act as auditor-general and to perform the functions of that office until an appointment is made under article 127 or, as the case may be, until the auditor-general resumes the functions of his office. 131. form and manner of keeping public accounts the public accounts of the republic shall be kept in such form and in such manner as the auditor-general may, with the approval of the president, prescribe. 132. reports of auditor-general to be laid before parliament the reports of the auditor-general relating to the reports of public accounts of the republic shall be submitted to the president, who shall cause them to be laid before parliament. part ix. the services of bangladesh chapter i. services 133. appointment and conditions of service subject to the provisions of this constitution parliament may by law regulate the appointment and conditions of service of persons in the service of the republic: provided that it shall be competent for the president to make rules regulating the appointment and the conditions of service such persons until provision in that behalf is made by or under any law, and rules so made shall have effect subject to the provisions of any such law. 134. tenure of office except as otherwise provided by this constitution every person in the service of the republic shall hold office during the pleasure of the president. 135. dismissal, etc., of civilian public officers no person who holds any civil post in the service of the republic shall be dismissed or removed or reduced in rank by an authority subordinate to that by which he was appointed. no such person shall be dismissed or removed or reduced in rank until he has been given a reasonable opportunity of showing cause why that action should not be taken: provided that this clause shall not applywhere a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction of a criminal offence; or where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that, for a reason recorded by that authority in writing, it is not reasonably practicable to give that person an opportunity of showing cause; or where the president is satisfied that in the interests of the security of the state it is not expedient to give that person such an opportunity. if in respect of such a person the question arises whether it is reasonably practicable to give him an opportunity to show cause in accordance with clause (2), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank shall be final. where a person is employed in the service of the republic under a written contract and that contract is terminated by due notice in accordance with its terms, he shall not, by reason thereof, be regarded as removed from office for the purposes of this article. 136. reorganisation of service provision may be made by law for the reorganisation of the service of the republic by the creation, amalgamation or unification of services and such law may vary or revoke any condition of service of a person employed in the service of the republic. chapter ii. public service commissions 137. establishment of commissions provision shall be made by law for establishing one or more public service commissions for bangladesh, each of which shall consist of a chairman and such other members as shall be prescribed by law. 138. appointment of members the chairman and other members of each public service commission shall be appointed by the president: provided that not less than one-half of the members of a commission shall be persons who have held office for twenty years or more in the service of any government which has at any time functioned within the territory of bangladesh. subject to any law made by parliament the conditions of service of the chairman and other members of a public service commission shall be such as the president may, by order, determine. 139. term of office the term of office of the chairman and other members of a public service commission shall, subject to the provisions of this article, expire five years after the date on which he entered upon his office, or when he attains the age of sixty five years, whichever is earlier. the chairman and other members of such a commission shall be removed from office except in like manner and on the like grounds as a judge of the supreme court. a chairman or other member of a public service commission may resign his office by writing under his hand addressed to the president. on ceasing to hold office a member of a public service commission shall not be eligible for further employment in the service of the republic, but, subject to the provisions of clause (1)a chairman so ceasing shall be eligible for re-appointment for one further term; and a member (other than the chairman) so ceasing shall be eligible for re-appointment for one further term or for appointment as chairman of a public service commission. 140. functions of commissions the functions of a public service commission shall beto conduct tests and examinations for the selection of suitable persons for appointment to the service of the republic; to advise the president on any matter on which the commission is consulted under clause (2) or on any matter connected with its functions which is referred to the commission by the president; and such other functions as may be prescribed by law. subject to the provisions of any law made by parliament, and any regulation (not inconsistent with such law) which may be made by the president after consultation with a commission, the president shall consult a commission with respect tomatters relating to qualifications for, and methods of recruitment to, the service of the republic; the principles to be followed in making appointments to that service and promotions and transfers from one branch of the service to another, and the suitability of candidates for such appointment, promotions and transfers; matters affecting the terms and conditions (including person rights) of that service; and the discipline of the service. 141. annual report each commission shall, not later than the first day of march each year, prepare and submit to the president a report of the performance of its functions during the period ended on the previous 31st day of december. the report shall be accompanied by a memorandum setting out, so far as is known to the commissionthe cases, if any, in which its advise was not accepted and the reasons why it was not accepted; the cases where the commission ought to have been consulted and was not consulted, and the reasons why it was not consulted. the president shall cause the report and memorandum to be laid before parliament at its first meeting held after 31st march in the year in which the report was submitted. part ixa. emergency provisions 141a. proclamation of emergency if the president is satisfied that a grave emergency exists in which the security or economic life of bangladesh, or any part thereof, is threatened by war or external aggression or internal disturbance, he may issue a proclamation of emergency for one hundred twenty days: provided that such proclamation shall require for its validity the prior counter signature of the prime minister. a proclamation of emergencymay be revoked by a subsequent proclamation; shall be laid before parliament; shall cease to operate at the expiration of one hundred and twenty days, unless before the expiration of that period it has been approved by a resolution of parliament: provided that if any such proclamation is issued at a time when parliament stands dissolved or the dissolution of parliament takes place during the period of one hundred and twenty days referred to in sub-clause (c), the proclamation shall cease to operate at the expiration of thirty days from the date on which parliament first meets after its reconstitution, unless before that expiration of the meets after its re-constitution, unless before that expiration of the said period of thirty days a resolution approving the proclamation has been passed by parliament or at the expiration of one hundred and twenty days, whichever occurs first. a proclamation of emergency declaring that the security of bangladesh, or any part thereof, is threatened by war or external aggression or by internal disturbance may be made before the actual occurrence of war or any such aggression or disturbance if the president is satisfied that there is imminent danger thereof. 141b. suspension of provisions of certain articles during emergencies while a proclamation of emergency is in operation, nothing in articles 36, 37, 38, 39, 40 and 42 shall restrict the power of the state to make any law or to take any executive action which the state would, but for the provisions contained in part iii of this constitution, be competent to make or to take, but any law so made shall, to the extent of the incompetence, cease to have effect as soon as the proclamation ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect. 141c. suspension of enforcement of fundamental right during emergencies while a proclamation of emergency is in operation, the president may, on the written advice of the prime minister, by order, declare that the right to move any court for the enforcement of such of the rights conferred by part iii of this constitution as may be specified in the order, and all proceedings pending in any court for the enforcement of the right so specified, shall remain suspended for the period during which the proclamation is in force or for such shorter period as may be specified in the order. an order made under this article may extend to the whole of bangladesh or any part thereof. every order made under this article shall, as soon as may be, be laid before parliament. part x. amendment of the constitution 142. power to amend any provision of the constitution notwithstanding anything contained in this constitutionany provision thereof may by amended by way of addition, alteration, substitution or repeal by act of parliament: provided thatno bill for such amendment shall be allowed to proceed unless the long title thereof expressly states that it will amend a provision of the constitution; no such bill shall be presented to the president for assent unless it is passed by the votes of not less than two thirds of the total number of members of parliament; when a bill passed as aforesaid is presented to the president for his assent he shall, within the period of seven days after the bill is presented to him assent to the bill, and if he fails so to do he shall be deemed to have assented to it on the expiration of that period. part xi. miscellaneous 143. property of the republic there shall vest in the republic, in addition to any other land or property lawfully vestedall minerals and other things of value underlying any land of bangladesh; all lands, minerals and other things of value underlying the ocean within the territorial waters, or the ocean over the continental shelf, of bangladesh; and any property located in bangladesh that has no rightful owner. parliament may from time to time by law provide for the determination of the boundaries of the territory of bangladesh and of the territorial waters and the continental shelf of bangladesh. 144. executive authority in relation to property, trade, etc. the executive authority of the republic shall extend to the acquisition, sale, transfer, mortgage and disposal of property, the carrying on of any trade or business and the making of any contract. 145. contracts and deeds all contracts and deeds made in exercise of the executive authority of the republic shall be expressed to be made by the president, and shall be executed on behalf of the president by such person and in such manner as he may direct or authorise. where a contract or deed is made or executed in exercise of the executive authority of the republic, neither the president nor any other person making or executing the contract or deed in exercise of the authority shall be personally liable in respect thereof, but this article shall not prejudice the right of any person to take proceedings against the government. 145a. international treaties all treaties with foreign countries shall be submitted to the president, who shall cause them to be laid before parliament: provided that any such treaty connected with national security shall be laid in a secret session of parliament. 146. suits in name of bangladesh the government of bangladesh may sue or be sued by the name of bangladesh. 147. remuneration, etc., of certain officers the remuneration, privileges and other terms and conditions of service of a person holding or acting in any office to which this article applies shall be determined by or under act of parliament, but until they are so determinedthey shall be those (if any) appertaining to the person holding or, as the case may be acting in the office in question immediately before the commencement of this constitution; or if the preceding sub-clause is not applicable, they shall be determined by order made by the president. the remuneration, privileges and other terms and conditions of service of a person holding or acting in any office to which this article applies shall not be varied to the disadvantage of any such person during his term of office. no person appointed to or acting in any office to which this article applies shall hold any arise, post or position of profit or emolument or take any part whatsoever in the management or conduct of any company, association or body having profit or gain as its object: provided that such person shall not for the purposes of this clause be deemed to hold any such office, post or position by reason only that he holds or is acting in the office first above mentioned. this article applies to the offices ofpresident; prime minister; speaker or deputy speaker; minister, minister of state or deputy minister; judge of the supreme court; comptroller and auditor-general; election commissioner; member of a public service commission. 148. oaths of office a person elected or appointed to any office mentioned in the third schedule shall before entering upon the office make and subscribe an oath or affirmation (in this article referred to as "an oath") in accordance with that schedule. where under this constitution an oath is required to be administrated by a specified person it may be administered by such other person and at such place as may be designated by that person. if, within three days next after publication through official gazette of the result of a general election of members of parliament under clause (3) of article 123, the person specified under the constitution for the purpose or such other person designated by that person for the purpose, is unable to, or does not, administer oath to the newly elected members of parliament, on any account, the chief election commissioner shall administer such oath within three days next thereafter, as if, he is the person specified under the constitution for the purpose. where under this constitution a person is required to make an oath before he enters upon an office he shall be deemed to have entered upon the office immediately after he makes the oath. 149. saving for existing laws subject to the provisions of this constitution all existing laws shall continue to have effect but may be amended or repealed by law made under this constitution. 150. transitional and temporary provisions the provisions set out in the fourth schedule of the constitution at the time of the commencement of this constitution on the 16th day of december, 1972 shall have effect as transitional and temporary provisions notwithstanding anything contained in any other provisions of this constitution. in the period between the 7th day of march, 1971 and the date of commencement of this constitution on the 16th day of december, 1972, the historical speech delivered by bangabandhu sheikh mujibur rahman, the father of the nation, in the racecourse maidan, dhaka on the 7th day of march, 1971, set out in the fifth schedule of the constitution, the telegram of the declaration of independence of bangladesh made by bangabandhu sheikh mujibur rahman, the father of the nation on the 26th day of march, 1971 set out in the sixth schedule and the proclamation of independence of the mujibnagar government on the 10th day of april, 1971 set out in the seventh schedule are the historical speech and instruments of the independence and the struggle of freedom of bangladesh which shall be deemed to be the transitional and the temporary provision for the said period.] 151. repeals the following president's orders are hereby repealedthe laws continuance enforcement order made on 10th april, 1971; the provisional constitution of bangladesh order, 1972; the high court of bangladesh order, 1972 (p.o. no. 5 of 1972); the bangladesh comptroller and auditor-general order, 1972 (p.o. no. 15 of 1972); the constituent assembly of bangladesh order, 1972 (p.o. no. 22 of 1972); the bangladesh election commission order, 1972 (p.o. no. 25 of 1972); the bangladesh public service commissions order, 1972 (p.o. no 34 of 1972); the bangladesh transaction of government business order, 1972 (p.o. no. 58 of 1972). 152. interpretation in this constitution, except where the subject or context otherwise requires"administrative unit" means a district or other area designated by law for the purposes of article 59; "the appellate division" means the appellate division of the supreme court; "article" means an article of this constitution; "borrowing" includes the raising of money by annuity, and "loan" shall be construed accordingly; "the capital" has the meaning assigned to that expression in article 5; "chief election commissioner" means a person appointed to that office under article 118; "the chief justice" means the chief justice of bangladesh; "citizen" means a person who is a citizen of bangladesh according to the law relating to citizenship; "clause" means a clause of the article in which the expression occurs; "court" means any court of law including supreme court; "debt" includes any liability in respect of any obligation to repay capital sums by way of annuities and any liability under any guarantee, and "debt charge" shall be construed accordingly; "disciplinary law" means a law regulating the discipline of any disciplined force; "disciplined force" meansthe army, navy or air force; the police force; any other force declared by law to be a disciplined force within the meaning of this definition; "district judge" includes additional district judge; "existing law" means any law in force in, or in any part of, the territory of bangladesh immediately before the commencement of this constitution, whether or not it has been brought into operation; "financial year" means a year commencing on the first day of july; "guarantee" includes any obligation undertaken before the commencement of this constitution to make payments in the event of the profits of an undertaking falling short of a specified amount; "the high court division" means the high court division of the supreme court; "judge" means a judge of a division of the supreme court; "judicial service" means a service comprising person holding judicial posts not being posts superior to that of a district judge; "law" means any act, ordinance, order rule, regulation, bye-law, notification or other legal instrument, and any custom or usage, having the force of law in bangladesh; "parliament" means the parliament for bangladesh established by article 65; "part" means a part of this constitution; "pension" means a pension, whether contributory or not, of any kind whatsoever payable to or in respect of any person, and includes retired pay or gratuity so payable by way of the return or any addition thereto of subscriptions to a provident fund; "political party" includes a group or combination of persons who operate within or outside parliament under a distinctive name and who hold themselves out for the purpose of propagating a political opinion or engaging in any other political activity; "the president" means the president of bangladesh elected under this constitution or any person for the time being acting in that office; "property" includes property of every description movable or immovable, corporeal or incorporeal, and commercial and industrial undertakings, and any right or interest in any such property or undertaking; "public notification" means a notification in the bangladesh gazette; "public officer" means person holding or acting in any office of emolument in the service of the republic; "the republic" means the people's republic of bangladesh; "schedule" means a schedule to this constitution; "securities" includes stock; "the service of the republic" means any service, post or office whether in a civil or military capacity, in respect of the government of bangladesh, and any other service declared by law to be a service of the republic; "session", in relation to parliament, means the sittings of parliament commencing when it first meets after the commencement of this constitution or after a prorogation or dissolution of parliament and terminating when parliament is prorogued or dissolved; "sitting" in relation to parliament, means a period during which parliament is sitting continuously without adjournment; "the speaker" means the person for the time being holding the office of speaker pursuant to article 74; "the state" includes parliament, the government and statutory public authorities; "statutory public authority" means any authority, corporation or body the activities or the principal activities of which are authorised by any act, ordinance, order or instrument having the force of law in bangladesh; "sub clause" means a sub-clause of the clause in which the expression occurs; "the supreme court" means the supreme court of bangladesh constituted by article 94; "taxation" includes the imposition of any tax, rate, duty or impost, whether general, local or special, and "tax" shall be construed accordingly. the general clauses act, 1897 shall apply in relation tothis constitution as it applies in relation to an act of parliament; any enactment repealed by this constitution, or which by virtue thereof becomes void or ceases to have effect, as it applies in relation to any enactment repealed by act of parliament. 153. commencement, citation and authenticity this constitution may be cited as the constitution of the people's republic of bangladesh and shall come into force on the sixteenth day of december, 1972, in this constitution referred to as the commencement of this constitution. there shall be an authentic text of this constitution in bengali, and an authentic text of an authorised translation in english, both of which shall be certified as such by the speaker of the constituent assembly. a text certified in accordance with clause (2) shall be conclusive evidence of the provisions of this constitution: provided that in the event of conflict between the bengali and the english text, the bengali text shall prevail. schedule 1. laws effective notwithstanding other provisions the state acquisition and tenancy act, 1950 (e.b. act xxviii of 1951) the bangladesh (taking over of control and management of industrial and commercial concerns) order, 1972 (a.p.o. no. 1 of 1972) the bangladesh collaborators (special tribunals) order, 1972 (p.o. no. 8 of 1972) the government of bangladesh (services) order, 1972 (p.o. no. 9 of 1972) the bangladesh shipping corporation order, 1972 (p.o. no. 10 of 1972) the bangladesh (restoration of evacuee property) order, 1972 (p.o. no. 13 of 1972) the bangladesh public servants' (retirement) order, 1972 (p.o. no. 14 of 1972) the bangladesh abandoned property (control, management and disposal) order, 1972 (p.o. no. 16 of 1972) the bangladesh banks (nationalisation) order, 1972 (p.o. no. 26 of 1972) the bangladesh industrial enterprises (nationalisation) order, 1972 (p.o. no. 27 of 1972) the bangladesh inland water transport corporation order, 1972 (p.o. no. 28 of 1972) the bangladesh (vesting of property and assets) order, 1972 (p.o. no. 29 of 1972) the bangladesh insurance (emergency provisions) order, 1972 (p.o. no. 30 of 1972) the bangladesh consumer supplies corporation order, 1972 (p.o. no. 47 of 1972) the bangladesh scheduled offences (special tribunals) order, 1972 (p.o. no. 50 of 1972) the bangladesh nationalised and private organisations (regulation of salary of employees) order, 1972 (p.o. no. 54 of 1972) the bangladesh jute export corporation order, 1972 (p.o. no. 57 of 1972) the bangladesh water and power development boards order, 1972 (p.o. no. 59 of 1972) the government of bangladesh (services screening) order, 1972 (p.o. no. 67 of 1972) the bangladesh government hats and bazars (management) order, 1972 (p.o. no. 73 of 1972) the bangladesh government and semi-autonomous organisations (regulation of salary of employees) order, 1972 (p.o. no. 79 of 1972) the bangladesh insurance (nationalisation) order, 1972 (p.o. no. 95 of 1972) the bangladesh land holding (limitation) order, 1972 (p.o. no. 98 of 1972) the bangladesh biman order, 1972 (p.o. no. 126 of 1972) the bangladesh bank order, 1972 (p.o. no. 127 of 1972) the bangladesh shilpa rin sangstha order, 1972 (p.o. no. 128 of 1972) the bangladesh shilpa bank order, 1972 (p.o. no. 129 of 1972) all presidential orders and other existing law effecting amendments of the above-mentioned act and orders. schedule 2. election of president [omitted] schedule 3. oaths and affirmations 1. the president an oath (or affirmation) in the following form shall be administered by the speaker"i,........................................., do solemnly swear (or affirm) that i will faithfully discharge the duties of the office of president of bangladesh according to law: that i will bear true faith and allegiance to bangladesh: that i will preserve, protect and defend the constitution: and that i will do right to all manner of people according to law, without fear or favour, affection or ill-will." 1a. vice-president [omitted] 1b. the president in the case of performing the functions of the chief adviser. [omitted] 2. prime minister and other ministers, ministers of state and deputy ministers. oaths (or affirmations) in the following forms shall be administered by the presidentoath (or affirmation) of office; "i ........................, do solemnly swear (or affirm) that i will faithfully discharge the duties of the office of prime minister (or as the case may be) according to law: that i will bear true faith and allegiance to bangladesh; that i will preserve, protect and defend the constitution: and that i will do right to all manner of people according to law, without fear of favour, affection or ill-will." oath (or affirmation) of secrecy; "i, ........................, do solemnly swear (or affirm) that i will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as prime minister (or as the case may be) except as may be required for the due discharge of my duty as prime minister (or as the case may be)." 2a. chief adviser and advisers. [omitted] 3. the speaker. an oath (or affirmation) in the following form shall be administered by the president "i , ..............., do solemnly swear (or affirm) that i will faithfully discharge the duties of the speaker of parliament and (whenever i am called upon so to do) of the president, according to law; that i will bear true faith and allegiance to bangladesh; that i will preserve, protect and defend the constitution; and that i will do right to all manner of people according to law, without fear or favour, affection or ill-will." 4. deputy speaker. an oath (or affirmation) in the following form shall be administered by the president "i, ....................., do solemnly swear (or affirm) that i will faithfully discharge the duties or deputy speaker or parliament and (whenever i am called upon so to do) of the speaker, according to law: that i will bear true faith and allegiance to bangladesh: that i will preserve, protect and defend the constitution: and that i will do right to all manner of people according to law, without fear or favour, affection or ill-will. 5. member of parliament. an oath (or affirmation) in the following form shall be administered by the speaker"i, ............................., having been elected a member of parliament do solemnly swear (or affirm) that i will faithfully discharge the duties upon which i am about to enter according to law: that i will bear true faith and allegiance to bangladesh: and that i will not allow my personal interest to influence the discharge of my duties as a member of parliament." 6. chief justice or judges. an oath (or affirmation) in the following forms shall be administered, in the case of the chief justice by the president, and in the case of a judge appointed to a division, by the chief justice"i, ............., having been appointed chief justice of bangladesh (or judge of the appellate/high court division of the supreme court) do solemnly swear (or affirm) that i will faithfully discharge the duties of my office according to law: that i will bear true faith and allegiance to bangladesh: that i will preserve, protect and defend the constitution and the laws of bangladesh: and that i will do right to all manner of people according to law, without fear of favour, affection or ill-will." 7. chief election commissioner or election commissioner. an oath (or affirmation) in the following from shall be administered by the chief justice"i, ............................, having been appointed chief election commissioner (or election commissioner), do solemnly swear (or affirm) that i will faithfully discharge the duties of my office according to law: that i will bear true faith and allegiance to bangladesh: that i will preserve, protect and defend the constitution: and that i will not allow my personal interest to influence my official conduct or my official decisions." 8. comptroller and auditor-general. an oath (or affirmation) in the following form shall be administered by the chief justice"i, ...................., having been appointed comptroller and auditor-general do solemnly swear (or affirm) that i will faithfully discharge the duties of my office according to law: that i will bear true faith and allegiance to bangladesh: that i will preserve, protect and defend the constitution: and that i will not allow my personal interest to influence my official conduct or my official decisions." 9. member of public service commission. an oath (or affirmation) in the following form shall be administered by the chief justice"i, ......................., having been appointed chairman (or member) of a public service commission do solemnly swear (or affirm) that i will faithfully discharge the duties of my office according to law: that i will bear true faith and allegiance to bangladesh: that i will preserve, protect and defend the commission: and that i will not allow my personal interest to influence my official conduct or my official decisions." schedule 4. transitional and temporary provisions 1. dissolution of constituent assembly upon the commencement of this constitution, the constitution assembly, having discharged its responsibility of framing a constitution for the republic, shall stand dissolved. 2. first elections the first general election of members of parliament shall be held as soon as possible after the commencement of this constitution and for this purpose the election rolls prepared under the bangladesh electoral rolls, order 1972 (p.o. no. 104 of 1972) shall be deemed to be the electoral rolls prepared in accordance with article 119. for the purpose of the first general election of members of parliament, the delimitation of constituencies made for the purpose of elections to constitute the erstwhile provincial assembly, and published in 1970, shall be deemed to be made under article 119, and the election commission shall, after incorporating such changes, as it may consider necessary, in the nomenclature of any constituency or any subdivision of than a included therein, publish, by public notification, the list of such constituencies: provided that provision may be made by law to give effect to the provision relating to seats women members referred to in clause (3) of articles 65. 3. provisions for maintaining continuity and interim arrangements all laws made or purported to having been made in the period between the 26th day of march, 1971 and the commencement of this constitution, all powers exercised and all things done during that period, under authority derived or purported to have been derived from the proclamation of independence or any law, are hereby ratified and confirmed and are declared to have been duly made, exercised and done according to law. until the day upon which parliament first meets pursuant to the provisions of this constitution, the executive and legislative powers of the republic (including the power of the president, on the advice of the prime minister, to legislate by order) shall notwithstanding the repeal of the provisional constitution of bangladesh order, 1972, be exercised in all respects in the manner in which, immediately before the commencement of the constitution, they have been exercised. any provision of this constitution enabling or requiring parliament to legislate shall, until the day upon which parliament first meets as aforesaid, be construed as enabling the president of legislate by order, and any order made under this paragraph shall have effect as if the provisions thereof had been enacted by parliament. 3a. validation of certain proclamations, etc. [omitted] 4. president the person holding office as president of bangladesh immediately before the commencement of this constitution shall hold office as president, as if elected to that office under this constitution, until a person elected as president under article 48 enters upon office: provided that the holding of office under this paragraph shall not be taken into account for the purposes of clause (2) of article 50. the persons holding office as speaker and deputy speaker of the constituent assembly immediately before the commencement of this constitution shall, notwithstanding that parliament has not yet been constituted, be deemed to hold office respectively as speaker and deputy speaker until an election to each of those offices is made under clause(1) of article 74. 5. prime minister and other ministers the person holding office as prime minister, immediately before the date of the commencement of this constitution shall until his successor appointed under article 56 after the first general election held under this constitution enters upon office, hold office as prime minister as if appointed to that office under this constitution, and the persons holding office as ministers immediately before that date shall continue to hold office as ministers until the prime minister otherwise directs, and nothing in article 56 shall prevent the appointment of other ministers on the advice of the prime minister. 6. judiciary the person holding office as chief justice immediately before the date of the commencement of this constitution and every person who then held office as judge of the high court constituted by the provisional constitution of bangladesh order, 1972, shall as from that date hold office as if appointed under article 95 as chief justice or, as the case may be, as judge. the persons (other than the chief justice) holding office as judges pursuant to sub-paragraph (1) of this paragraph shall at the commencement of this constitution be deemed to have been appointed to the high court division, and appointments to the appellate division shall be made in accordance with article 94. all legal proceedings pending in the high court immediately before the commencement of this constitution (other than those referred to in sub-paragraph (4) of this paragraph) shall be transferred to and be deemed to be pending before the high court division for determination, and any judgment or order of the high court delivered or made before the commencement of this constitution shall have the same force and effect as if it had been delivered or made by the high court division. all legal proceedings pending before the appellate division of the high court immediately before the commencement of this constitution shall be transferred to the appellate division for determination and any judgment or order of the former division delivered or made before the commencement of this constitution shall have the same force and effect as if it had been delivered or made by the appellate division. subject to the provisions of this constitution and of any other lawall original, appellate and other jurisdiction which was vested in the high court constituted by the provisional constitution of bangladesh order, 1972 (other than jurisdiction vested in the appellate division of that court) shall from the commencement of this constitution, vest in an be exercised by the high court division; all civil, criminal and revenue courts and tribunals exercising jurisdiction and functions immediately before the commencement of this constitution shall continue to exercise their respective jurisdictions and functions, and all persons holding office in such courts and tribunals shall continue to hold their respective offices. the provisions of chapter ii of part vi (which relate to subordinate courts) shall be implemented as soon as is practicable, and until such implementation the matters provided for in that chapter shall (subject to any the provision made by law) be regulated in the manner in which they were regulated immediately before the commencement of this constitution. nothing in this paragraph shall after the operation of any existing law relating to the abatement of proceedings. 6a. provisions as to existing judges and pending proceedings. [omitted] 6b. provisions as to judges of the supreme court and high court existing before the second proclamation order no. 1 of 1977 proceedings pending before commencement of that order, etc. [omitted] 7. interim rights of appeal. an appeal to the appellate division of the supreme court shall lie, notwithstanding any limitation as to time, against any judgment, decree, order or sentence delivered, issued or pronounced since the 1st day of march, 1971 by any high court of bangladesh (amendment) order, 1972 (p.o. no. 91 of 1972) functioning in the territory of bangladesh: provided that article 103 shall apply in respect of any such appeal as it applies in respect of appeals from the high court division; provided further that no appeal under this article shall be lodged after the expiration of the period of ninety days from the commencement of this constitution. 8. election commission the election commission existing immediately before the date of commencement of this constitution, shall, as from that date be deemed to be the election commission established by this constitution. the person holding office as chief election commissioner, and every person holding office as election commissioner, immediately before the date of the commencement of this constitution, shall, as from that date, hold office as if appointed to such office under this constitution. 9. public service commission the public service commissions existing immediately before the date of the commencement of this constitution, shall as from that date, be deemed to be public service commissions established under this constitution. every person holding office as chairman or other member of a public service commission immediately before the date of the commencement of this constitution, shall, as from that date hold office as if appointed to that office under constitution. 10. public service subject to this constitution and to any other lawany person who immediately before the commencement of this constitution was in the service of the republic shall continue in that service on the same terms and conditions as were applicable to him immediately before such commencement; all authorities and all officers, judicial, executive and ministerial throughout bangladesh exercising functions immediately before the commencement of this constitution, shall, as from such commencement, continue to exercise their respective functions. nothing in sub-paragraph (1) of this paragraph shallderogate from the continued operation of the government of bangladesh (services) order, 1972 (p.o. no. 9 of 1972), or the government of bangladesh (services screening) order, 1972 (p.o. no. 67 of 1972); prevent the making of any law varying or revoking the conditions of service (including remuneration, leave, person rights and rights relating to disciplinary matters) of persons employed at any time before the commencement of this constitution or of person continuing in the service of the republic under the provisions of the paragraph. 11. oaths for continuance in office any person who, under this schedule, is continued in an office in respect of which a form of oath or affirmation is set out in the third schedule shall, as soon as practicable after the commencement of this constitution, make and subscribe before the appropriate person an oath or affirmation in that form. 12. local government until elections are held to constitute the local government bodies referred to in article 59, the administrative arrangements existing in the different administrative units of the republic immediately before the commencement of this constitution shall continue, subject to such changes as may be made by law. 13. taxation all taxes and fees imposed under any law in force in bangladesh immediately before the commencement of this constitution shall continue to be imposed but may be varied or abolished by law. 14. interim financial arrangements unless parliament otherwise resolves, the provisions of articles 87, 89, 90 and 91 of this constitution shall not have effect in respect of the financial year current at the commencement of this constitution, and expenditure defrayed during that year out of the consolidated fund or the public account of the republic shall be deemed to have been validly incurred: provided that the president shall, as soon as is practicable, cause a statement of all such expenditure, authenticated by his signature, to be laid before parliament. 15. audit of past accounts the powers of the comptroller and auditor-general under this constitution shall apply in respect of all accounts relating to the financial year current at the commencement of this condition and to earlier years and the reports of the comptroller and auditor-general relating to such accounts shall be submitted to the president who shall cause them to be laid before parliament. 16. property, assets, rights, liabilities and obligations of the government. all property, assets and rights which immediately before the commencement of this constitution were vested in the government of the people's republic of bangladesh or any person or authority on its behalf shall vest in the republic. all liabilities and obligations of the government of the republic as they existed immediately before the commencement of this constitution shall continue to be the liabilities and obligations of the republic. no liability or obligation of any other government which at any time functioned in the territory of bangladesh is or shall be a liability or obligation of the republic unless it is expressly accepted by the government of the republic. 17. adaptation of laws and removal of difficulties. for the purpose of bringing the provisions of any law in force in bangladesh into conformity with this constitution the president may, within the period of two years from the commencement of this constitution, by order, amend or suspend the operation of such provisions and any order so made may have retrospective effect. the president may, for the purpose of removing any difficulties in relation to the transition from the provisional constitutional arrangements existing before the commencement of this constitution to the arrangements under this constitution by order, direct that this constitution shall, during such period as may be specified in the order, have effect subject to such adaptations, whether by way of modification, addition or omission, as he may deem necessary or expedient: provided that no such order shall be made after the first meeting of the parliament constituted under this constitution. every order made under this paragraph shall have effect notwithstanding any other provision of this constitution, shall be laid before parliament, and may be amended or revoked by act of parliament. 18. ratification and confirmation of proclamations, etc. [omitted] 19. ratification and confirmation of the proclamation of the 24th march, 1982, etc. [omitted] 20. provisions relating to vice-president [omitted] 21. ratification and confirmation of the appointment of vice-president, etc. [omitted] 22. parliament functioning immediately before the commencement of the constitution functioning immediately before the commencement of the constitution (twelfth amendment) act. [omitted] 23. temporary special provision regarding women members in the parliament. [omitted] schedule 5. historic speech of the father of the nation, bangabandhu sheikh mujibur rahman of the 7th march, 1971 my brothers, i have come before you today with a heart laden with sadness. you are aware of everything and know all. we have tried with our lives. and yet the sadness remains that today, in dhaka, chittagong, khulna, rajshahi and rangpur the streets are soaked in the blood of my brothers. today the people of bengal desire emancipation, the people of bengal wish to live, the people of bengal demand that their rights be acknowledged. what wrong have we committed? following the elections, the people of bangladesh entrusted me and the awami league with the totality of their electoral support. it was our expectation that the parliament would meet, there we would frame our constitution, that we would develop this land, that the people of this country would achieve their economic, political and cultural freedom. but it is a matter of grief that today we are constrained to say in all sadness that the history of the past twenty three years has been the history of a persecution of the people of bengal, a history of the blood of the people of bengal. this history of the past twenty three years has been one of the agonising cries of men and women. the history of bengal has been a history where the people of this land have made crimson the streets and highways of this land with their blood. we gave blood in 1952; in 1954, we won the elections and yet were not permitted to exercise power. in 1958, ayub khan imposed martial law and kept the nation in a state of slavery for ten long years. on 7 june 1966, as they rose in support of the six-point movement, the sons of my land were mown down in gunfire. when yahya khan took over once ayub khan fell in the fury of the movement of 1969, he promised that he would give us a constitution, give us democracy. we put our faith on him. and then history moved a long way, the elections took place. i have met president yahya khan. i appealed to him, not just as the majority leader in bengal but also as the majority leader in pakistan, to convene the national assembly on 15 february. he did not pay heed to my appeal. he paid heed to mr. bhutto. and he said that the assembly would be convened in the first week that we would discuss matters in the assembly. i even went to the extent of suggesting that despite our being in a majority, if anyone proposes anything that is legitimate and right, we would accept his proposal. mr. bhutto came here. he held negotiations with us, and when he left, he said that the door to talk had not closed, that more discussions would take place. after that, i spoke to other political leaders. i told them to join me in deliberations so that we could give shape to a constitution for the country. but mr. bhutto said that if members elected from west pakistan came here, the assembly would turn into a slaughter house, an abattoir. he warned that anyone who went to the assembly would end up losing his life. he issued dire warnings of closing down all the shop from peshawar to karachi if the assembly session went ahead. i said that the assembly session would go ahead. and then, suddenly, on the first of march the assembly session was put off. mr. yahya khan, in exercise of his powers as president, had called the national assembly into session; and i had said that i would go to the assembly. mr. bhutto said he would not go. thirty five members came here from west pakistan. and suddenly the assembly was put off. the blame was placed squarely on the people of bengal, the blame was put at my door. once the assembly meeting was postponed, the people of this land decided to put up resistance to the act. i enjoined upon them to observe a peaceful general strike. i instructed them to close down all factories and industrial installations. the people responded positively to my directives. through sheer spontaneity they emerged on to the streets. they were determined to pursue their struggle through peaceful means. what have we attained? the weapons we have bought with our money to defend the country against foreign aggression are being used against the poor and down-trodden of my country today. it is their hearts the bullets pierce today. we are the majority in pakistan. whenever we bengalis have attempted to ascend to the heights of power, they have swooped upon us. i have spoken to him over telephone. i told him, mr. yahya khan, you are the president of pakistan. come, be witness to the inhuman manner in which the people of my bengal are being murdered, to the way in which the mothers of my land are being deprived of their sons." i told him, "come, see and dispense justice". but he construously said that i had agreed to participate in a round table conference to be held on 10 march. i have already said a long time ago, what rtc? with whom do i sit down to talk? do i fraternise with those have taken the blood of my people? all of a sudden, without discussing matters with me and after a secret meeting lasting five hours, he has delivered a speech in which he has placed all responsibility for the impasse on me, on the people of bengal. my brothers, they have called the assembly for the twenty-fifth. the marks of blood have not yet dried up. i said on the tenth that mujibur rahman would not walk across that blood to take part in a round table conference. you have called the assembly. but my demands must be met first. martial law must be withdrawn. all military personnel must be taken back to the barracks. an inquiry must be conducted into the manner in which the killings have been caused. and power must be transferred to the elected representatives of the people. and only then shall we consider the question of whether or not to sit in the national assembly. prior to the fulfilment of our demands, we cannot take part in the assembly. i do not desire the office of prime minister. i wish to see the rights of the people of this country established. let me make it clear, without ambiguity, that beginning today, in bangladesh, all courts, magistracies, government offices and educational institutions will remain closed for an indefinite period. in order that the poor do not suffer, in order that my people do not go through pain, all other activities will continue, will not come within the ambit of the general strike from tomorrow. rickshaws, horse carriages, trains and river vessels will ply. the supreme court, high court, judge's court, semi-government offices, wapda,-nothing will work. employees will collect their salaries on the twenty-eighth. but if the salaries are not paid, if another bullet is fired, if any more of the people are murdered, it is my directive to all of you: turn every house into a fortress, resist the enemy with everything you have. and for the sake of life, even if i am not around to guide you, direct you, close off all roads and pathways. we will strive them into submission. we will submerge them in water. you are our brothers. return to your barracks and no harm will come to you. but do not try to pour bullets into my heart again. you cannot keep seventy five million people in bondage. now that we have learnt to die, no power on earth can keep us in subjugation. for those who have embraced martyrdom, and for those who have sustained injuries we in the awami league will do all we can to relieve their tragedy. those among you who can please lend a helping hand through contributing to our relief committee. the owners of industries will make certain that the wages of workers who have taken part in the strike for the past week are duly paid to them. i shall tell employees of the government, my word must be heard, and my instructions followed. until freedom comes to my land, all taxes will be held back from payment. no one will pay them. bear in mind that the enemy has infiltrated our ranks to cause confusion and sow discord among us. in our bengal, everyone, be the hindu or muslim, bengali or non-bengali, is our brother. it is our responsibility to ensure their security. our good name must not be sullied. and remember, employees at radio and television, if radio does not get our message across, no bengali will go to the radio station. if television does not put forth our point of view, no bengali will go to television. banks will remain open for two hours to enable people to engage in transactions. but there will be no transfer of even a single penny from east bengal to west pakistan. telephone and telegram services will continue in east bengal and news can be despatched overseas. but if moves are made to exterminate the people of this country, bengalis must act with caution. in every village, every neighbourhood, set up sangram parishad under the leadership of the awami league. and be prepared with whatever you have. remember: having mastered the lesson of sacrifice, we shall give more blood. god willing, we shall free the people of this land. the struggle this time is a struggle for emancipation. the struggle this time is a struggle for independence. joi bangla! schedule 6. declaration of independence by the father of the nation, bangabandhu sheikh mujibur raha-man shortly after midnight of 25th march, i.e. early hours of 26th march, 1971 "this may be my last message, from today bangladesh is independent. i call upon the people of bangladesh wherever you might be and with whatever you have, to resist the army of occupation to the last. your fight must go on until the last soldier of the pakistan occupation army is expelled from the soil of bangladesh and final victory is achieved. sheik mujibur rahman 26 march 1971" schedule 7. the proclamation of independence mujibnagar, bangladesh dated 10th day of april, 1971. whereas free elections were held in bangladesh from 7th december, 1970 to 17th january, 1971, to elect representatives for the purpose of framing a constitution, and whereas at these elections the people of bangladesh elected 167 out of 169 representatives belonging to the awami league, and whereas general yahya khan summoned the elected representatives of the people to meet on the 3rd march, 1971, for the purpose of framing a constitution, and whereas the assembly so summoned was arbitrarily and illegally postponed for an indefinite period, and whereas instead of fulfilling their promise and while still conferring with the representatives of the people of bangladesh, pakistan authorities declared an unjust and treacherous war, and whereas in the facts and circumstances of such treacherous conduct banga bandhu sheikh mujibur rahaman, the undisputed leader of 75 million of people of bangladesh, in due fulfilment of the legitimate right of self-determination of the people of bangladesh, duly made a declaration of independence at dacca on march 26, 1971, and urged the people of bangladesh to defend the honour and integrity of bangladesh, and whereas in the conduct of a ruthless and savage war the pakistani authorities committed and are still continuously committing numerous acts of genocide and unprecedented tortures, amongst others on the civilian and unarmed people of bangladesh, and whereas the pakistan government by levying an unjust war and committing genocide and by other repressive measures made it impossible for the elected representatives of the people of bangladesh to meet and frame a constitution, and give to themselves a government, and whereas the people of bangladesh by their heroism, bravery and revolutionary fervour have established effective control over the territories of bangladesh, we the elected representatives of the people of bangladesh, as honour bound by the mandate given to us by the people of bangladesh whose will is supreme duly constituted ourselves into a constituent assembly, and having held mutual consultations, and in order to ensure for the people of bangladesh equality, human dignity and social justice, declare and constitute bangladesh to be a sovereign people's republic and thereby confirm the declaration of independence already made by banga bandhu sheikh mujibur rahaman, and do hereby affirm and resolve that till such time as a constitution is framed, banga bandhu sheikh mujibur rahaman shall be the president of the republic and that syed nazrul islam shall be the vice-president of the republic, and that the president shall be the supreme commander of all the armed forces of the republic, shall exercise all the executive and legislative powers of the republic including the power to grant pardon, shall have the power to appoint a prime minister and such other ministers as he considers necessary, shall have the power to levy taxes and expend monies, shall have the power to summon and adjourn the constituent assembly, and do all other things that may be necessary to give to the people of bangladesh and orderly and just government. we the elected representatives of the people of bangladesh do further resolve that in the event of there being no president or the president being unable to enter upon his office or being unable to exercise his powers due to any reason whatsoever, the vice-president shall have and exercise all the powers, duties and responsibilities herein conferred on the president, we further resolve that we undertake to observe and give effect to all duties and obligations that devolve upon us as a member of the family of nations and to abide by the charter of the united nations. we further resolve that this proclamation of independence shall be deemed to have come into effect from 26th day of march, 1971. we further resolve that in order to give effect to this instrument we appoint prof. yusuf ali our duly constituted potentiary and to give to the president and the vice-president oaths of office. prof. yusuf ali duly constituted potentiary by and under the authority of the constituent assembly of bangladesh. preamble with the ultimate purpose to strengthen the nation; to guarantee the freedom, ensure democracy and institutional stability, exalt human dignity, promote social justice, general welfare, regional integration and invoking the protection of god, we decree the political constitution of the republic of panama. title i. the panamanian state article 1 the panamanian nation is organized as a sovereign and independent state, and its name is the republic of panama. its government is unitary, republican, democratic and representative. article 2 public power emanates solely from the people. it is exercised by the state, in conformity with this constitution, through legislative, executive, and judicial branches of government, which act within limits and separately, but in harmonious cooperation. article 3 the territory of the republic of panama comprises the land surface, the territorial sea, the undersea continental shelf, the subsoil and the air space between colombia and costa rica, in accordance with the boundary treaties concluded by panama with those states. national territory can never be ceded, assigned, or transferred, neither temporarily no partially, to another state. article 4 the republic of panama abides by the rules of international law. article 5 the territory of the panamanian state is divided politically into provinces, these, in turn, into districts and the districts into boroughs. other political divisions may be created by law, either to be subject to special rules, or for reasons of administrative convenience or public service. article 6 the symbols of the republic are the anthem, the flag, and the coat of arms adopted by law no. 34 of 1949. article 7 spanish is the official language of the republic. title ii. citizenship and status of foreigners article 8 panamanian citizenship is acquired by birth, by naturalization or by constitutional provision. article 9 the following are panamanian by birth: those born in the national territory; the offspring of parents who are panamanian by birth, born outside the territory of the republic, provided they establish their domicile in the national territory; the offspring of parents who are panamanian by naturalization, born outside the territory of the republic, provided they establish their domicile in the republic of panama and state their desire to elect panamanian citizenship, not later than one year after reaching legal age. article 10 the following may request panamanian citizenship by naturalization: aliens with five years of continuous residence within the territory of the republic, if, after having reached legal age, they declare their intention to become naturalized, expressly renounce their citizenship of origin or any other citizenship, and establish that they have a command of the spanish language and an elementary knowledge of panamanian geography, history and political organization; aliens with three years of continuous residence within the territory of the republic, who have children born on the national territory of panamanian father or mother, or who have a spouse of panamanian citizenship, provided they make the statement and submit the evidence to which the preceding section refers; those nationals by birth, of spain or any latin american nation provided they fulfill the same requirements necessary in their country of origin for the naturalization of panamanians. article 11 persons born abroad who before their seventh birthday were adopted by panamanian nationals are panamanians by virtue of the constitution without need of a naturalization certificate. in this case nationality is acquired from the moment when the adoption is entered into the panamanian civil register. article 12 regulations concerning naturalization shall be established by law. the state may refuse the request for a naturalization certificate for reasons of morality, security, health, and physical or mental impairment. article 13 panamanian nationality by origin or acquired by birth can not be lost, but express or implied renunciation of it, suspends citizenship. panamanian nationality derived from or acquired by naturalization shall be lost for the same reasons. there is express renunciation when the person states in writing to the executive authority that he/she desires to abandon panamanian citizenship; and implied renunciation when the person acquires the citizenship of a foreign state, or enters the service of an enemy state. article 14 immigration shall be regulated by law, considering social, economic and demographic interests of the country. article 15 both nationals and aliens who are within the territory of the republic shall be subject to the constitution and the law. article 16 panamanians by naturalization shall not be obliged to take up arms against the country of their birth. title iii. individual and social rights and duties chapter 1. fundamental guarantees article 17 the authorities of the republic are established for the purpose of protecting the lives, honor and property of all nationals, wherever they may be, and of aliens who are under the republic's jurisdiction, of ensuring the effectiveness of individual and social rights and duties, and of observing and enforcing the constitution and the law. the rights and guarantees recognized by this constitution must be considered as minimum standards which do not exclude others which are related to fundamental rights and the dignity of the individual. article 18 private persons are solely responsible to the authorities for violation of the constitution or the law. public officers are responsible, for the same reasons, and also for exceeding their authority, or for dereliction in the performance of their duties. article 19 there shall be no public or private privileges, or discrimination, by reason of race, birth, social class, handicap, sex, religion or political ideology. article 20 all panamanians and aliens are equal before the law, but the law, for reasons of labor, health, morality, public security and national economy, may subject to special conditions, or may deny the exercise of specific activities to aliens in general. likewise, the law or the authorities may, according to circumstances, take measures that exclusively affect nationals of certain countries, in case of war, or in accordance with what may be established in international treaties. article 21 no one may be deprived of his/her liberty except by warrant from a competent authority, issued in accordance with legal formalities, and for reasons previously defined by law. those executing said order are obliged to give a copy thereof to the person concerned, if he/she requests it. an offender surprised in the act of committing a crime (flagrante delicto) may be apprehended by any person and must be turned over immediately to the authorities. no one may be detained for more than twenty-four hours without being brought before a competent authority. public officers who violate this precept shall suffer immediate loss of employment and shall be subject to all other penalties established by law, concerning this violation. there shall not be imprisonment, detention or arrest for debts or strictly civil obligations. article 22 all persons placed under arrest must be informed immediately, and in an understandable manner, of the reasons for their arrest, and of their constitutional and corresponding legal rights. persons accused of committing a crime have the right to be presumed innocent until proven guilty, at a public trial, under due process of law. whoever is arrested shall have the right, from that moment, to legal counsel in all police and judiciary proceedings. this matter shall be regulated by law. article 23 every individual arrested for reasons not specified or without the legal formalities prescribed by this constitution or by law, shall be released upon his/her or another person's petition through the writ of habeas corpus which can be submitted immediately after the arrest, regardless of the applicable penalty. the writ shall be processed with preference over other cases pending, through a summary proceeding, which will not be delayed even the writ is submitted after working hours or on holidays. the writ of habeas corpus may also be submitted if a real or actual threat to liberty exists or if the form or the conditions of the arrest or the place where the arrested person is being detained put his/her physical, mental or moral integrity at risk or infringe his/her right of defense. article 24 the state may not extradite its nationals, nor may it extradite aliens, for political offenses. article 25 no person is obliged to testify against himself, his/her spouse, relatives to the fourth degree of consanguinity or second degree of marital relations in criminal, correctional or police proceedings. article 26 the domicile, or residence, is inviolable. no one may enter therein without the consent of the owner, except by warrant of a competent authority and for a specific purpose, or to assist the victims of a crime or disaster. labor, social security and health officials, upon presentation of valid identification, may make domiciliary visits, or inspections of work centers, to check on the fulfillment of social and public health laws. article 27 every person may travel freely throughout the national territory and change domicile, or residence, without restrictions, other than those which the transit, fiscal, health, and immigration laws or regulations may prescribe. article 28 the penitentiary system is based on principles of security, rehabilitation and social defense. it is unlawful to apply measures which may damage the physical, mental, or moral integrity of incarcerated individuals. a program for training prisoners in an occupation shall be established, which should permit them to be usefully reintegrated into society. prisoners who are minors shall be governed by a special system of custody, protection and education. article 29 correspondence and other private documents are inviolable and shall not be searched or seized except by warrant of a competent authority, for specific purposes and in accordance with the legal formalities. in any case no notice shall be taken of matters alien to the object of the search or seizure. the registration of letters and other documents or papers shall always take place in the presence of the person concerned or of a member of his/her family, or, in their absence, of two honorable neighbors living near the place. all private communications are inviolable and may not be intercepted or recorded unless authorized by judicial warrant. the non-compliance with this provision precludes that the results [of the interception] are used as evidence, without prejudice to the criminal liability incurred by its authors. article 30 the death penalty, expatriation and confiscation of property are abolished. article 31 only those acts shall be punished which have been declared punishable by a law that predates their perpetration and is exactly applicable to the act for which charges are brought. article 32 no one shall be tried except by a competent authority and in accordance with legal procedures, and not more than once for the same criminal, administrative, police or disciplinary cause. article 33 the following authorities may impose penalties without previous trial in the cases and under the conditions defined by law: the heads of the security forces who may impose penalties on their subordinates in order to suppress insubordination, mutiny, or lack of discipline; captains of ships or aircraft outside the port or the airport are authorized to suppress insubordination or mutiny, or to maintain order on board, or to detain provisionally any actual or presumed offender. article 34 in case of manifest violation of a constitutional or legal precept, to the detriment of any person, the order of a superior does not relieve from responsibility the agent who executed it. exception is made of individuals of the public forces when they are in actual service, in which case the responsibility falls exclusively on the immediate superior who gave the order. article 35 all religions may be professed and all forms of worship practiced freely, without any other limitation than respect for christian morality and public order. it is recognized that the catholic religion is practiced by the majority of panamanians. article 36 religious organizations have juridical capacity and manage and administer their property within the limits prescribed by law, the same as other juridical persons. article 37 every person may express his/her opinion freely, either orally, in writing or by any other means, without being subject to prior censorship. legal responsibility (liability) will, however, be incurred when by any of these means, the reputation or honor of persons is assailed, or when social security or public order is attacked. article 38 all inhabitants of the republic have the right to assemble peacefully, without arms, for lawful ends. public demonstrations or gatherings in open air are not subject to permission. only previous notification of the local administrative authorities, twenty four hours in advance, is required to hold such gatherings. authorities may take police action to prevent or restrain abuse of this right, when the form in which it is exercised causes, or may cause, traffic disturbances, breach of the peace, or violation of the rights of others. article 39 the formation of companies, associations, or foundations that are not contrary to morals or legal order, is permitted. these may obtain recognition as juridical persons. recognition shall not be granted to associations whose ideologies are based on the supposed superiority of any race or ethnic group or which defend or promote racial discrimination. the capacity, recognition and regulation of these companies and other juridical persons shall be determined by panamanian law. article 40 every person is free to exercise any profession or trade, subject to regulations established by law with respect to competence, morality, social welfare and security, professional affiliation, public health, unionization, and compulsory dues. no taxes or assessments for the exercise of liberal professions, trades, and arts shall be established. article 41 every person shall have the right to present respectful petitions and complaints to public officials for reasons of social or private interest, and to obtain a prompt decision. a public official to whom such a petition, inquiry or complaint is presented, must make a decision on it within thirty days. penalties which apply to a violation of this provision shall be determined by law. article 42 every person has a right of access to his/her personal information contained in data banks or public or private registries and to request their correction and protection, as well as their deletion in accordance with the provisions of the law. this information may only be collected for specific purposes, subject to the consent of the person in question or by order of a competent authority based on the provisions of the law. article 43 every person has a right to ask for accessible information or information of general interest stored in data banks or registries administered by public servants or by private persons providing public services, unless access has been limited by written regulation or by legal mandate, and to request their lawful processing and correction. article 44 every person may submit a writ of habeas data in order to enforce the right to access to his/her personal information stored in official or private data banks or registries, if in the latter case the data bank or registry is run by a business which provides a service to the public or deals with information. the writ may also be brought in the same manner in order to enforce the right of access to public or freely accessible information, in conformity with the provisions of this constitution. the writ of habeas data may be used to request the correction, updating, rectification, deletion or protection of confidentiality of information and data of a personal character. the law shall determine which tribunals are competent to decide on the applications for habeas data which are examined in a summary procedure without need of representation by counsel. article 45 ministers of religious faiths and members of religious orders, aside from the performance of duties inherent to their missions, may hold public posts only when such are positions related to social welfare, public education, or scientific research. article 46 laws have no retroactive effect, except those of public order or social interest when such is expressed. in criminal matters the law favorable to the accused always has preference and retroactivity, even though the judgment may have become final. article 47 private property acquired by juridical or natural persons is guaranteed in accordance with the law. article 48 private property implies obligations on the part of its owners because of the social function it must fulfill. for reasons of public utility or social interest defined by law, there may be expropriation through special proceeding and compensation. article 49 the state recognizes and guarantees the right of every person to obtain quality goods and services, truthful, clear and sufficient information about the characteristics and the substance of the goods and services which he/she purchases, as well as the freedom of choice and the right to conditions of fair and equitable treatment. the law shall establish the mechanisms necessary to guarantee these rights, the education and the means of defense of the consumer and user, the compensation of damages caused and the sanctions applicable to the violation of these rights. article 50 when the application of a law enacted for reasons of public benefit or social interest results in a conflict between private rights and the need recognized by the law itself, private interest must yield to the public or social interest. article 51 in case of war, grave disturbances of public order or urgent social interest requiring prompt action, the executive authority may decree the expropriation or seizure of private property. when return of the seized object is feasible, the seizure will be only for the duration of the circumstances that may cause it. the state is always responsible for all expropriations that the executive authority thus carries out, and for the losses and damage caused by the seizure, and will pay the value thereof as soon as the determining cause for the expropriation or seizure ends. article 52 no person is obliged to pay a tax or impost which has not been legally established and its manner of collection prescribed by law. article 53 every author, artist or inventor enjoys the exclusive ownership of his/her work or invention during the time and in the manner prescribed by law. article 54 every person against whom a public officer shall issue or execute a mandatory order or an injunction violating the rights and guarantees established by this constitution, shall have the right of the order being revoked upon his/her petition or the petition of any other person. the writ for protection of constitutional guarantee (amparo de garantã­as constitucionales), to which this article refers, shall be subject to summary proceedings and the cognizance of courts of law. article 55 in case of foreign war or internal disturbance that threatens peace or public order, all, or a part, of the republic may be declared in a state of emergency, and the guarantees of articles 21, 22, 23, 26, 27, 29, 37, 38, and 44 of this constitution, may be temporarily suspended, partially or totally. the state of emergency and the suspension of constitutional guarantees mentioned above shall be declared by the executive branch through a decree, agreed upon in cabinet council. the legislative branch, in its own right, or at the request of the president of the republic, shall take cognizance of the state of emergency if it lasts longer than ten days, and confirm or revoke, totally or partially, the measures adopted by the cabinet council relative to said state of emergency. when the conditions that had motivated the state of emergency decree cease to exist, the legislative branch, if it is in session, or, if not, the cabinet council, shall rescind the decree and end the state of emergency. chapter 2. the family article 56 the state protects marriage, motherhood and the family. what is relative to civil status shall be determined by law. the state shall protect the physical, mental and moral health of minors and shall guarantee their rights to support, health, education and social security. in an equal manner, the elderly and the sick who are destitute shall have the right to this protection. article 57 marriage is the legal basis of the family. it rests on equality of rights of both spouses and may be dissolved in accordance with the provisions of the law. article 58 the de facto union of persons of different sex with the legal capacity to enter into marriage which is sustained for five consecutive years in conditions of single partnership and stability shall produce the full effects of a civil marriage. to this end, it shall be sufficient the interested parties jointly request the civil registrar to register the de facto union. as long as this request has not been made, the marriage may be proved, for the purpose of claiming the rights pertaining thereto, by any of the spouses concerned in accordance with the procedures established by law. however, the public ministry, in the interest of morals and of the law, or third persons who assert rights susceptible of being affected by the registration, may object to the registration or challenge it subsequently on the ground that the declaration is contrary to the facts. article 59 parental authority (patria potestad) is the aggregate of rights and duties parents have in respect to their children. parents are obliged to support, educate and protect their children to ensure their proper physical and spiritual upbringing and development, and the latter are obliged to respect and assist their parents. the exercise of parental authority shall be regulated by law in accordance with social interests and the welfare of the children. article 60 parents have, with respect to their children born out of wedlock, the same duties as towards their children born in wedlock. all children are equal according to law, and have the same rights of inheritance in intestate successions. the rights of minors or incapacitated children and of destitute parents in testate successions, shall be recognized by law. article 61 investigation of paternity shall be regulated by law. classifications as to the nature of the relationship are abolished. there shall not be entered any statement establishing differences of birth, or, on the civil status of the parents, in the registration records, or in any attestation, baptismal or christening records, or certificate referring to the relationship. authority is hereby granted to the father of a child born before the effective date of this constitution to protect the child by the provisions of this article, by means of rectifying any record or attestation in which any classification may have been established with respect to said child. the consent of the mother is not required but if the child is of legal age, he/she must give his/her consent thereto. in acts of acknowledgement of paternity, anyone who is legally affected by said act may oppose this measure. procedures shall be established by law. article 62 the state shall protect the social and economic development of the family and shall organize the family homestead, determining the nature and amount of property that must constitute it, on the basis that it is inalienable and un-attachable. article 63 the state shall create an entity for the protection of the family, for the purposes of: promoting responsible parenthood through family educational programs; establishing educational programs for pre-school age children, in specialized centers, which children may attend upon the request of their parents or guardians; protecting minors, and the elderly, and accomplishing the social readjustment of those who are abandoned, helpless, morally misguided, or who have behavior maladjustment problems. the functioning of a special jurisdiction over minors, which among other duties, shall take cognizance of suits concerning the investigation of paternity, family desertion, and juvenile behavior problems, shall be organized and determined by law. chapter 3. work article 64 work is a right and duty of the individual and accordingly the state is obliged to devise economic policies to promote full employment, and to ensure to every workman the necessary conditions for a decent existence. article 65 every workman in the service of the state, of public or private enterprises or private persons, is guaranteed a minimum wage or salary. workers of enterprises specified by law shall share in the profits thereof in accordance with the economic conditions of the country. article 66 rules of periodic adjustment of the minimum salary or wage of the worker shall be set by law, to cover the normal requirements of his/her family, to improve worker's standard of living according to specific conditions of each economic region and activity. the law may also determine the method of fixing minimum salaries or wages for professions or trades. whenever job or piece work is performed, it is obligatory that the minimum wage be ensured for each day's work. the minimum of all wages or salaries is un-attachable, except for support obligations as established by law. working tools of the workmen are also un-attachable. article 67 a like wage or salary shall always be paid for like work under identical conditions, irrespective of the person who performs it, without taking into account sex, nationality, age, race, social standing, political or religious ideologies. article 68 the right of association is acknowledged for employers, employees, workers and professionals of all classes, for purposes of economic and social activities. the executive authority shall have a non-extendable term of thirty days in which to grant or reject the registration of a union. recognition by the executive authority of unions, whose legal status shall be determined by registration, shall be regulated by law. the executive authority may not dissolve a union except when it deviates from its exclusive purposes, and this is so declared by a competent court, by means of a final judgment. the boards of directors of these associations shall be constituted exclusively of panamanians. article 69 the right to strike is hereby recognized. regulations concerning the exercise of this right, including special restrictions for public service, shall be established by law. article 70 the maximum work day shall be eight hours, and the labor week up to forty eight hours. the maximum night work shall not be more than seven hours. overtime shall be paid with surcharge. the maximum work day may be reduced to six hours per day for those over fourteen and under eighteen. employment of children under 14, and night work of those under 16, is unlawful, save for the exceptions established by law. likewise, it is unlawful to employ children under 14 as domestic servants, and to employ children and women in unhealthy occupations. in addition to a weekly day of rest, all workers shall be entitled to paid vacations. the weekly day of rest with pay may be established by law in accordance with social and economic conditions of the country, and for the benefit of workers. article 71 all stipulations that imply waiver, diminishment, modification, or relinquishment of any right recognized in favor of the worker are void, and, as such, do not bind the contracting parties although expressed in a labor agreement or in any other pact. everything relating to labor contracts shall be regulated by law. article 72 motherhood of the working woman is protected. the pregnant woman may not be separated from her public or private employment for this reason. for a minimum of six weeks prior to confinement and eight weeks thereafter, she is entitled to rest with the same remuneration that she was receiving, and her job shall be kept for her, as well as all the rights inherent to her contract. upon returning to work, the mother may not be dismissed for one year, except in special cases prescribed by law, which shall in addition, regulate the special working conditions of the pregnant woman. article 73 it is unlawful to engage foreign workers who can lower the working conditions or standards of living of the national worker. hiring of foreign managers, administrative and executive directors, technicians, and professionals for public and private service shall be regulated by law, always ensuring the rights of the panamanian in regard to national interest. article 74 no worker can be dismissed without just cause and without the formalities established by law. these will specify the just reasons for the dismissal, its special exceptions, and corresponding compensation. article 75 free professional education for the worker is established, imparted by the state or private enterprise, and regulated by law. article 76 training of union members is established. it will be imparted exclusively by the state and by panamanian union organizations. article 77 all controversies arising from relations between capital and labor shall be subjected to labor jurisdiction, which shall be exercised in accordance with the provision of the law. article 78 relations between capital and labor, shall be regulated by law, placing them on a basis of social justice, and establishing special state protection for the benefit of workers. article 79 the rights and guarantees established in this chapter shall be considered as minimum benefits for workers. chapter 4. national culture article 80 the state recognizes the right of every individual to participate in the culture of the nation, and shall foster the participation of all inhabitants of the republic in national culture. article 81 national culture consists of the artistic, philosophic and scientific manifestations produced by man in panama through the ages. the state shall promote, develop and safeguard this cultural heritage. article 82 the state shall supervise the defense, dissemination and purity of the spanish language. article 83 the state shall formulate national scientific policy destined to promote the development of science and technology. article 84 the state recognizes the individuality and universal value of artistic work; it shall sponsor and encourage panamanian artists by making their works known through channels of cultural communication, and shall promote, at the national level, the development of art in all its manifestations, by means of academic institutions of information and recreation. article 85 the historical heritage of the nation is composed of its archeological objects and sites, historical documents, monuments, and personal or real property that testify to the nation's past. the state shall decree the expropriation of those items which are in the hands of private parties. regulations concerning custody of such items shall be established by law, based on the historical primacy of same. necessary steps to adapt historical heritage items to commercial, tourist, industrial, and technological programs shall be regulated by law. article 86 the state shall foster the development of physical culture, through sport, education, and recreation centers which shall be regulated by law. article 87 the state recognizes that folkloric tradition constitutes an essential element of national culture, and shall promote its study, preservation and publication, establishing its primacy over manifestations or tendencies that adulterate it. article 88 aboriginal languages shall be the object of special study, conservation and dissemination. the state shall promote programs of bilingual literacy in indigenous communities. article 89 the social communications media are instruments of information, education, recreation, and cultural and scientific dissemination. when they are used for the dissemination of publicity and propaganda, these must not be contrary to health, morals, education, cultural formation of the local and national conscience. operation of above mentioned media shall be regulated by law. article 90 the state recognizes and respects the ethnic identity of national indigenous communities, and shall establish programs to develop the material, social and spiritual values of each of their cultures. it shall establish an institution for the study, preservation and publication of these cultures and their languages, and for promotion of full development of said human groups. chapter 5. education article 91 all have the right to an education, and the responsibility to become educated. the state organizes and directs national education as a public service, and guarantees parents the right to participate in the process of their children's education. education is based on science, uses its methods, promotes its growth and dissemination, and applies its results in order to ensure the development of the human person, and of the family, and equally to ensure the affirmation and strengthening of the panamanian nation as a cultural and political community. education is democratic, and is founded on principles of human solidarity and social justice. article 92 education must accomplish the harmonious and integral development of the person being educated, within the physical, intellectual, moral, aesthetic, and civil standards of society, and must provide the student with the capacity for useful work, in his/her own interest, and for the benefit of all. article 93 it is recognized that the purpose of panamanian education is to encourage in the student the formation of a national conscience based on knowledge of the history and problems of the country. article 94 freedom of education is guaranteed, and the right to create private schools, subject to law, is recognized. the state has the power to intervene in the teachings of private educational establishments in order that national and social purposes of the culture, as well as the intellectual, moral, civic, and physical formation of students, be fulfilled. public education is that taught in official public schools and private education, that taught in private schools. educational institutions, whether public or private, are open to all students without distinction of race, social position, political ideology, religion, or the nature of the relationship of the student's parents or guardians. official and private education shall be regulated by law. article 95 official education is free at all pre-university levels. primary level or general basic education is compulsory. free education obliges the state to furnish students with all supplies necessary for their instruction until they complete their general basic education. free education does not prevent a tuition fee at the noncompulsory level. article 96 the state agency that shall formulate and approve study plans, educational programs and levels, as well as the organization of a national educational guidance system, in accordance with national needs, shall be determined by law. article 97 occupational education is established as a special element of the educational system, with basic education and special training programs. article 98 private undertakings whose operations significantly alter the school population in a certain area, shall contribute to meet the educational requirements of the children of their workmen in accordance with official regulations. urban development enterprises shall have the same responsibilities with respect to the areas in which they operate. article 99 only academic and professional titles issued by the state, or authorized by it, in accordance with the law, are recognized. the official university of the state shall supervise the degrees of private universities officially approved, to guarantee the degrees they use, and shall revalidate those of foreign universities in the cases established by law. article 100 education shall be imparted in the official language. only in specially qualified cases of public interest can an educational establishment be permitted by law to teach in a foreign language. the history of panama and civic education shall always be taught by panamanians. article 101 the law may establish economic incentives benefiting public and private education, as well as the publication of national instructional works. article 102 the state shall establish a system of economic benefits through scholarships, supplements, or any economic assistance to students who deserve or require it. under equal circumstances, preference shall be given to those who are financially in need. article 103 the official university of the republic is autonomous. juridical status, its own patrimony, and the right to administer it are hereby recognized. it is empowered to organize its own study programs, and to appoint and dismiss personnel in the manner determined by law. it will include in its activities the study of national problems and diffusion of national culture. equal importance shall be given to university education provided in regional centers as that provided in the capital city. article 104 in order that the economic autonomy of the university be made effective, the state shall provide it with what is essential for its establishment, operation, and future development, as well as the endowment dealt with in the preceding article, and the necessary resources to increase it. article 105 freedom of teaching is recognized subject to no other limitations than those that for reasons of public order may be established in the university charter. article 106 exceptional students of all types shall be afforded special education, based on scientific research and educational guidance. article 107 the catholic religion shall be taught in public schools, but, upon the requests of parents or guardians, certain students shall not be obliged to attend religion classes, nor to participate in religious services. article 108 the state shall develop programs of education and promotion for indigenous groups which possess their own cultural mores, in order to ensure their active participation in public life. chapter 6. health, social security and social welfare article 109 it is an essential function of the state to protect the health of all the people of the republic. the individual, as part of the national community, is entitled to promotion, protection, conservation, recovery and rehabilitation of his/her health and the obligation to preserve it, health being understood to be complete physical, mental and social wellbeing. article 110 in matters of health, the state is primarily obliged to develop the following activities, integrating the functions of prevention, cure and rehabilitation in the: establishment of a national policy of food and nutrition, ensuring optimum nutritional conditions for the entire population, by promoting the availability, consumption, and biological benefit of suitable food; training of individuals and social groups by means of educational actions concerning individual and collective rights and responsibilities, with respect to personal and environmental health; protection of the health of mother, young child and adolescent, guaranteeing health care during the periods of pregnancy, lactation, childhood and adolescence; combating of contagious diseases through environmental health, development of potable water availability, and adopting methods of immunization, prophylaxis, and treatment to be provided collectively and individually to all the population; establishment, in accordance with the requirements of each region, of centers which provide comprehensive health care services, and supply medicines to all the people. these services and medicines shall be given free to those who lack economic means to purchase them; regulation, and supervision of the fulfillment of conditions of health and safety in places of work, establishing a national policy of medicine and hygiene for industry and labor. article 111 the state shall develop a national policy regarding medical products that promotes the production, availability, obtainability, quality, and control thereof throughout the country. article 112 the state is obliged to establish a population policy that is responsive to the social and economic development needs of the country. article 113 all individuals are entitled to the security of their economic means for subsistence in case of disability or impossibility of obtaining remunerated work. social security services shall be granted or administered by autonomous entities and shall cover sickness, maternity, disability, family subsidies, old age, widowhood, orphan-hood, compulsory lay off, labor accidents and occupational diseases, and all other contingencies that may be included in social security. the establishment of such services, as and when demanded by social requirements, shall be provided for by law. the state shall create assistance and social welfare institutions. the fundamental tasks of these are the economic and social rehabilitation of the dependent sectors or those lacking economic means, care of the mentally and chronically ill, and indigent invalids, and groups that have not been integrated into the social security system. article 114 the state may establish complementary funds, with the support and participation of public and private sector workers, to improve social security services concerning retirements. this shall be regulated by law. article 115 government health agencies, including autonomous and semi-autonomous institutions, shall be integrated organically and functionally. this shall be regulated by law. article 116 communities have the duty and the right to participate in the planning, execution and evaluation of the different health programs. article 117 the state shall establish a national housing policy in order to provide housing for all people, especially those in lower income groups. chapter 7. the ecology article 118 the state has the fundamental obligation to guarantee that its population lives in a healthy environment, free of contamination (pollution), and where air, water, and foodstuffs satisfy the requirements for proper development of human life. article 119 the state, and all the inhabitants of the national territory, have the obligation of promoting economic and social development that prevents environmental contamination, maintains ecological balance, and avoids the destruction of ecosystems. article 120 the state shall regulate, supervise, and apply, at the proper time, the measures necessary to guarantee rational use of, and benefit from, land, river and sea life, as well as forests, lands and waters, to avoid their misuse, and to ensure their preservation, renewal, and permanence. article 121 benefits gained from non-renewable natural resources shall be regulated by law, to avoid social, economic and environmental abuses that could result. chapter 8. agrarian system article 122 the state shall pay special attention to all aspects of cattle and agricultural development, promoting optimum use of the land, seeing to its reasonable distribution, and its proper use and conservation, so that it may be maintained in productive conditions. the state shall guarantee each farmer the right to live with dignity. article 123 the state shall not permit the existence of uncultivated, unproductive or idle lands, and shall regulate work relations on the farms, promoting maximum productivity and fair distribution of the benefits of same. article 124 the state shall give special attention to indigenous farming communities, with the purpose of promoting their economic, social, and political participation in the national life. article 125 the proper use of agricultural land is a duty of the owner to the community, and shall be regulated by law in accordance with its ecological classification, to avoid underutilization and a decrease of its production potential. article 126 to fulfill the objectives of the agrarian policy, the state shall carry out the following activities: grant necessary farm lands to rural dwellers and regulate the use of the water. a special system of collective ownership for rural communities which so request may be established by law; organize credit assistance to meet the financial needs of agricultural and cattle operations, and particularly those of low income persons and groups, and give special attention to small and medium producers; take measures to ensure stable markets and fair prices for products and to foster the establishment of agencies, corporations, and cooperatives for production, processing, distribution and consumption; establish means of communication and transportation to link rural and indigenous communities with centers of storage, distribution and consumption; settle new lands and regulate the tenure and use of such lands and of those incorporated into the economy as a result of the construction of new highways; foster the development of the agrarian sector by means of technical assistance and promotion of organization, training, protection, mechanization and other activities determined by law; and perform studies of the land in order to establish the agrological classification of panamanian land. the policy established for the implementation of this chapter shall be applicable to indian communities in accordance with scientific methods of cultural changes. article 127 the state guarantees to indigenous communities the reservation of necessary lands an collective ownership thereof, to ensure their economic and social well-being. procedures to be followed for obtaining this purpose, and the definition of boundaries within which private appropriation of land is prohibited, shall be regulated by law. article 128 agrarian jurisdiction is established. organization and functions of agrarian courts shall be determined by law. chapter 9. office of the ombudsman (defensorã­a del pueblo article 129 the office of the ombudsman monitors the protection of the fundamental rights and guarantees recognized in this constitution as well as of those which are provided for by international human rights conventions and the law through the non-judicial control of the facts, acts and omissions of public servants and providers of public services and makes sure that they are observed. the office of the ombudsman acts under the direction and responsibility of the ombudsman who is appointed by the legislative branch for a period of five years during which he/she may neither be suspended nor dismissed, except by a vote of two thirds of the members of the national assembly on one of the grounds previously determined by law. article 130 in order to be eligible as ombudsman it is necessary: to be panamanian by birth; to fully enjoy one's civil and political rights; to be at least thirty five years of age; not to have been sentenced to five years in prison or more for a premeditated offense; to have moral integrity and a good reputation; not to be bound by family ties, within the fourth degree of consanguinity and the second degree of marital relations, to the president of the republic, any other cabinet council member, justices of the supreme court of justice or a member of the national assembly. title iv. political rights chapter 1. citizenship article 131 all panamanians over eighteen years of age are citizens of the republic, without regard to sex. article 132 political rights and the capacity to perform public functions with power and jurisdiction are reserved to natural born panamanian cultures. article 133 the exercise of citizen rights is suspended: in cases mentioned expressly in article 13 of this constitution; for penalties according to law. article 134 suspension and recovery of citizenship shall be governed by law. chapter 2. suffrage article 135 voting is a right and a duty of all citizens. the vote is free, equal, universal, secret and direct. article 136 the authorities are obliged to guarantee the freedom and fairness of elections. it is prohibited: to give direct or indirect official support to any candidate for office in a popular election, even if the means used are to this end are subject to public control; to allow partisan propaganda or support activities in public offices; to extract funds or contributions from public employees for political purposes, even under the pretext that they are voluntary; to impede or obstruct a citizen in obtaining, keeping, or showing personally his/her personal identity card (cã©dula). in the same manner, it is prohibited to extract funds, contributions, fees or discounts from workers in the private sector for political purposes, even under the pretext that they are voluntary. electoral offenses shall be typified and their penalties fixed by law. article 137 the requirements which have to be met by public officials who want to run for elected office shall be defined by law. article 138 political parties express political pluralism, contribute to the formation and manifestation of the popular will, and are fundamental instruments of political participation, without prejudice to the freedom of electoral nomination in the form prescribed by this constitution and by law. the internal structure and the functioning of political parties shall be based on democratic principles. the law shall regulate the registration and the continued existence of political parties but in no case may provide that the minimum number of votes required for survival is higher than five percent (5%) of the valid votes cast in elections for president, members of the national assembly, mayors or precinct representatives, whichever is the vote in which the party concerned has been most successful. article 139 it is unlawful to form political parties based on sex, race, or religion, or that have as their purpose the destruction of the democratic form of government. article 140 political parties shall have the right, in equal conditions, to the use of communications media administered by the central government, and to ask for, and receive, information from all government officials on any matter under their jurisdiction, except that information which is concerned with the country's classified diplomatic relationships. article 141 the state may supervise and contribute to the payment of expenses incurred by natural persons and political parties in the electoral process. such supervision and payment shall be determined and regulated by law, ensuring equality of expenditures to all parties and candidates. chapter 3. the electoral tribunal article 142 in order to guarantee the freedom, fairness and effectiveness of popular elections, an autonomous and independent tribunal is established, called electoral tribunal, which shall have legal personality, its own funds and the right to administer them. this tribunal shall be the sole entity responsible for interpretation and application of electoral law and it shall direct, supervise, and control the recording of important facts, deaths, naturalizations, and all other facts and legal acts related to the civil status of persons, the issuance of personal identity cards, and the different stages of the electoral process. the tribunal shall have jurisdiction throughout the republic, and shall be composed of three justices who must have the same qualifications which are required for justices of the supreme court. they shall be designated, separated by intervals, for ten year terms, as follows: one by the legislative branch, one by the executive branch, and one by the supreme court of justice, among candidates who are not members of the nominating authority. for each justice, one alternate shall be appointed in the same manner. the justices of the electoral tribunal and the electoral prosecutor (fiscal general electoral) are responsible before the supreme court for any offenses or crimes committed in the exercise of their duties; the prohibitions and prerogatives established by this constitution for the justices of the supreme court of justice also apply to them. article 143 in addition to the functions conferred upon it by law, the electoral tribunal shall have the following functions which it shall exercise solely, with the exception of those mentioned in numerals 5 and 7: to record births, marriages, deaths, naturalizations, and the other facts and legal acts related to the civil status of persons, and to include the necessary explanatory notes in the respective records; to issue personal identity cards; to regulate, interpret and apply the electoral law and to decide on disputes caused by its application; to punish offenses and crimes against free and fair elections in accordance with law, granting a second instance; to keep the electoral register; to organize, direct and supervise the registration of voters, and to resolve disputes, applications and complaints that may arise in this respect; to process the records of immigration and naturalization applications; to name the members of the electoral boards on which the representation of the legally established political parties must be guaranteed. the law shall regulate this matter; to draft its budget and to present it in a timely manner to the executive branch for inclusion in the draft general budget of the state. the electoral tribunal shall defend, at all stages, its draft budget. the finally approved budget shall provide it with the necessary funds for the fulfillment of its functions. in the budget shall be included the operating costs of the electoral tribunal and of the office of the electoral prosecutor, the investments and costs needed for the conduct of the election processes and other popular consultations as well as the subsidies to the political parties and the independent candidates for elected office. in the year immediately prior to the general elections and until the end of the electoral period the tribunal electoral shall be subject only to posterior supervision by the office of the comptroller general; to initiate legislation on matters within its jurisdiction; to consider as the sole competent body the applications and actions brought against the decisions of the lower electoral criminal tribunals and the office of the electoral prosecutor. the decisions of the electoral tribunal on electoral matters may only be challenged before the latter and once legal proceedings have been completed they shall be final, irrevocable and binding. only the application for constitutional review shall be admissible against these decisions. article 144 the office of the electoral prosecutor is an independent investigating body annexed to the electoral tribunal which has the right to administer its budget. the electoral prosecutor shall be appointed by the executive branch, subject to the approval of the legislative branch, for a ten year term. he/she must have the same qualifications as those required for a supreme court justice, and shall be subject to the same restrictions. his/her functions are: to safeguard the political rights of citizens; to watch over the official conduct of public employees, with respect to political and electoral rights and responsibilities; to prosecute electoral violations and offenses; to exercise all other powers determined by law. article 145 public authorities are obliged to follow and fulfill orders and decisions emanating from electoral jurisdiction officials, giving such obedience, cooperation and assistance as required for the exercise of their powers. omission or negligence in complying with such obligations shall be punished in accordance with penalties provided by law. title v. the legislative branch chapter 1. the national assembly article 146 the legislative branch shall be composed of a body named the national assembly whose members shall be elected on the basis of party nominations or independent nominations through direct popular vote, in accordance with the provisions of this constitution. the requirements and proceedings established by the law for the formalization of independent nominations shall be equivalent and proportionate to those required for the registration of political parties and the presentation of party nominations, as far as applicable. article 147 the national assembly shall be composed of seventy-one members (diputados) who are elected in conformity with the law and subject to the following rules: there shall be one-member constituencies and constituencies with several members (circuitos uninominales y plurinominales). each district in which more than one member is elected shall form one constituency, with the exception of the district of panama where constituencies with three or more members shall be established; the constituencies are established in proportion to the number of voters who appear in the current electoral register; each region and the province of dariã©n are entitled to elect the number of members with which they count at the time at which this provision enters into force; for the creation of the constituencies the political-administrative subdivision of the country, geographical proximity, population centers, neighborhood ties, communication channels and historical and cultural factors shall be taken into account as basic criteria for the grouping of voters in the constituencies. each member shall have an alternate elected with him/her on the same day who shall replace him/her during his/her absence. after consultation with the legally recognized parties the electoral tribunal within the framework of the established consultation organism shall draw up and present to the national assembly the draft law for the creation of the constituencies which shall serve as basis for the election of the assembly members, in accordance with this provision. article 148 members of the national assembly shall be elected for a term of five years on the same day as ordinary elections are held for president and vice president of the republic. article 149 the national assembly shall convene, in its own right, without need for previous convocation, in the capital city for sessions that last eight months in a one year period, divided into two ordinary legislative sessions of four month's duration. such sessions shall extend from september 1 through december 31, and march 1 through june 30. the national assembly shall meet in extraordinary session when convoked by the executive branch and during the time it designates, to hear exclusively, matters that the branch submits for the members' consideration. article 150 members shall act in the interest of the nation and shall represent in the national assembly their respective political parties and their constituency voters. article 151 political parties may terminate the mandate of principal or alternate assembly members they have nominated under the following conditions and formalities: the reasons for the termination of the mandate and the applicable procedure must have been established in the party bye-laws; the reasons must refer to grave violations of the by-laws and of the ideological, political or general platform of the party, and must have been approved by means of a written resolution issued by the electoral tribunal prior to the date of nomination; the sentencing of the principal or alternate member for premeditated offense to five years or more in prison by enforceable decision of a court of law is also a cause for termination of the mandate; the person concerned shall have the right to be heard by his/her party and defend himself/herself in two different instances; the party's decision to terminate the mandate shall be subject to an appeal which can only be heard by the electoral tribunal and which shall have suspending effect; for the application of the termination procedure, the parties may establish consultation mechanism with voters in the respective constituency prior to initiating the process. political parties may also, by summary procedure, terminate the mandate of principal and alternate members who have left their party. the constituency voters may request the electoral tribunal to terminate the mandate of independent principal and alternate members they have elected, provided they fulfill the requirements and formalities established by law. article 152 sessions dedicated to the exercise of jurisdictional powers of the national assembly shall be called judicial sessions, no matter what date they are held, or how such a national assembly has been convoked. these meetings shall not alter the continuity or duration of a legislative session, and shall end only when the assembly has decided the pending question. to exercise law making functions the national assembly shall have the power to meet in its own right without prior convocation. article 153 in order to be eligible as member of the national assembly it is necessary: to be panamanian by birth, or through naturalization, and to have resided for fifteen years in the country after naturalization; to be a citizen in the exercise of his/her legal rights; to be at least twenty one years of age at the time of election; not to have been sentenced for premeditated offense to five years or more in prison by enforceable decision of a court of law; to be a resident of the respective constituency for at least one (1) year before being nominated for office. article 154 members of the national assembly are not legally responsible for opinions expressed or votes given in the discharge of their duties. article 155 the members of the national assembly may be investigated and tried by the supreme court of justice sitting in full for the presumed commission of a criminal or administrative offense without authorization by the national assembly. preventive detention or any interim measure shall be determined by the supreme court of justice sitting in full. the principal or alternate member may be sued before the civil courts, but no seizure or other interim measure regarding his/her assets may be taken without prior authorization by the supreme court sitting in full, with the exception of measures aiming to secure the fulfillment of family and labor law obligations. article 156 principal and alternate members (when the latter is performing the duty) may not accept any remunerated public employment. if this should happen, a permanent vacancy is produced in the office of principal or alternate member, whichever the case may be. appointments as minister, vice-minister, general director or manager of autonomous or semi-autonomous entities and diplomatic agent are exceptions. acceptance of any of these positions cause a temporary vacancy for the time in which the office is held. holding the position of teacher or professor in an official or private center of education is compatible with the office of assembly member. article 157 assembly members shall receive emoluments as provided by law which shall be paid by the national treasury, but an increase in such emoluments shall not become effective until after the national assembly term in which it was approved has expired. article 158 assembly members may not themselves, or through other parties, make any contracts with state entities, or with institutions or businesses related to the latter, nor accept from anyone authority to conduct negotiations with these entities, institutions or businesses. the following cases are excluded: when a member makes personal or professional use of public services or performs current operations of the same nature with institutions or entities affiliated with the state; when contracts awarded through public bidding exist between institutions or entities mentioned in this article and non-shareholder companies in which a member is a partner, provided that he/she has become a partner prior to his/her election; when contracts, awarded with or without public bidding, are concluded with such institutions or entities by shareholder companies in which one or more members do not hold more than twenty percent (20%) of the total shares; when a member acts in his/her capacity as a lawyer before a judicial body outside the session period or with authorization granted by the plenary of the national assembly during the session period. article 159 legislative functions of the nation are vested in the national assembly and consist in issuing laws necessary for the fulfillment of the purposes of the performance functions, of the state declared in this constitution, and especially for the following: to issue, modify, amend or repeal national codes; to issue a general law covering salaries proposed by the executive branch; to approve or disapprove, before ratification, treaties and international agreements negotiated by the executive branch; to participate in the approval of a national budget according to that which is established in title ix of this constitution; to declare war and to empower the executive branch to negotiate peace; to declare amnesty for political offenses; to establish or restate the political division of national territory; to determine the standard, weight value, form, type, and denomination of the national currency; to decide upon the use of national property for public purposes; to establish taxes, duties, revenues, and official monopolies to pay for public services; to issue general or specific standards which apply to the executive branch, autonomous and semi-autonomous entities, state and mixed enterprises, when, with respect to the latter, the state has administrative, financial or investment control, for the following purposes: to negotiate and contract government loans, to organize public credit; to recognize (acknowledge) the national debt and to arrange for its servicing; to set and modify tariffs, rates and other provisions concerning the management of customs; to determine as proposed by the executive branch, the structure of the national administration, through the creation of ministries, autonomous and semi-autonomous entities, state enterprises and other public institutions, and to distribute among them the functions and transactions of the administration with the purpose of ensuring the effectiveness of administrative performance; to organize public services established in this constitution, to issue, or authorize articles of incorporations and by laws for mixed economy companies, and organic laws of industrial or commercial state enterprises, as well as to issue standards corresponding to the careers described in title xi; to issue standards relative to the execution of contracts in which the state, or any of its entities or enterprises, is a part of, or has interest in; to approve or disapprove contracts in which the state or one of its entities takes part, or has an interest in if such contracts' negotiation have not been regulated previously in accordance with numeral 14 herein or if some contractual stipulation does not conform to the respective authorization law; to grant the executive branch, when it so requests, and when the need exists, precise extraordinary powers that shall be exercised during the national assembly recess by means of decree laws. the law which confers such powers shall express specifically the matters and purposes that shall be the object of the decree laws and shall not include the matters mentioned in numerals 3, 4, and 10 of this article, nor the development of fundamental guarantees, suffrage, political party regulations and specification of crimes and punishments. the extraordinary powers law shall expire when the next ordinary session of the national assembly begins. every decree law that the executive authority issues in the exercise of powers that are conferred upon it, must be submitted to the legislative branch, so that the latter may legislate upon the matter, in ordinary session, immediately following promulgation of the respective decree-law. the legislative branch shall have the power at all times, and on its own initiative, to repeal, amend, or add to, without limitation as to the subject matter, the decree-laws that have been issued; to determine and approve the basic rules of its proceedings. article 160 it is the judicial function of the national assembly to consider the accusations or charges lodged against the president of the republic and the justices of the supreme court, and to pass judgment on them, should the occasion arise, for acts harming the proper functioning of the public authorities (libre funcionamiento del poder pãºblico) or violating this constitution or the laws performed in the exercise of their functions. article 161 the national assembly has the following administrative functions: to examine the credentials of its own members and decide whether or not the credentials are in the form prescribed by law; to accept or reject the resignation of the president and vice president of the republic; to give permission to the president of the republic, when he/she asks for it, to leave the national territory in accordance with the provisions of this constitution; to approve or disapprove appointments of justices to the supreme court, of the attorney general of the nation, of the solicitor general of the administration, and of others that are made by the executive branch and which under this constitution or under the law require approval by the national assembly. the officials who require approval may not assume their functions before they have been approved; to appoint the comptroller general of the republic, the deputy comptroller, the ombudsman, the justice of the electoral tribunal and his/her alternate in accordance with this constitution; to appoint the permanent committees of the national assembly and investigating committees on any matter of public interest in accordance with this constitution and its internal rules for the information of the plenary so that it may take the measures which it considers appropriate; to adopt votes of censure against ministers of state when they, in the opinion of the national assembly, are responsible for offenses or illegal acts, or for grave errors that have caused damage to the interests of the state. in order that the vote of censure may be taken it must be proposed in writing six days before its discussion by no less than half of the members, and be approved by the vote of two thirds of the assembly. the law shall establish the appropriate sanction; to examine and approve or determine the responsibilities regarding the general account on the budget which the executive submits to it, with the concurrence of the comptroller general of the republic. to this end, the competent minister shall personally submit the general account on the budget in march of each year. the internal rules of the national assembly shall establish the provisions concerning the appearance of the minister and the vote on the budget account submitted by the executive branch; to ask or request officials that the legislative branch appoints or confirms, the ministers of state, the general directors or managers of all autonomous and semiautonomous entities, decentralized organizations, industrial or commercial state enterprises, as well as mixed enterprises referred to in numeral 11 of article 153 to submit written or oral reports on matters of their jurisdiction which the national assembly requires in order to discharge its functions more effectively or to obtain information about the acts of the administration, subject to the provision of numeral of article 157. when the reports are to be oral, the request should be made at least forty eight hours in advance in the form of a specific written questionnaire. the officials who are asked to give such reports must attend and be heard during the session to which they were summoned, though the debate may be continued in subsequent sessions by decision of the national assembly. the debate shall not extend to subjects unrelated to the specific questionnaire; to rehabilitate those who have lost inherent rights of citizenship; to approve, amend or repeal the decree on the state of emergency and the suspension of constitutional guarantees in accordance with the provisions of this constitution. article 162 all national assembly committee members shall be elected by means of a system that guarantees the proportional representation of the minority. article 163 the national assembly is prohibited: to issue laws which may be contrary-to-the letter or the spirit of this constitution; to interfere by means of resolutions in affairs that are the exclusive province of the other branches of government; to acknowledge on behalf of the public treasury indemnifications that have not been previously declared by competent authorities, and vote appropriations to pay for scholarships, pensions, retirement funds, grants or expenditures that have not been decreed in accordance with pre-existing general laws; to decree acts of proscription (bills of attainder) or persecution against persons or corporations; to incite or compel public officers to adopt determined measures; to make appointments other than those pertaining to it in accordance with this constitution and by law; to demand from the executive branch the communication of instructions given to diplomatic agents, or reports from confidential negotiations; to order and authorize other expenditures and programs not designated in the general budget, except in cases of emergency, expressly declared as such, by the executive branch; to delegate any of its functions, except what is provided in number 16 of article 153; to adopt votes of confidence, or censure with respect to acts of the president of the republic. chapter 2. formation of laws article 164 laws originate in the national assembly and are divided as follows: organic laws, which are those issued in fulfillment of sections 1, 2, 3, 4, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 of article 159; ordinary laws, which are those issued under the other sections of said article. article 165 laws shall be proposed: if they are organic laws: by permanent committees of the national assembly; by the ministers of state, as authorized by the cabinet council; by the supreme court, attorney general of the republic, and solicitor general of the administration, if they refer to the enactment or amendment of national codes; by the electoral tribunal on matters within its jurisdiction; if they are ordinary laws by any member of the national assembly; by ministers of state upon authorization of the cabinet council; by presidents of provincial councils upon authorization of the provincial council. all above mentioned officials shall have the right to speak in the sessions of the national assembly. the presidents of the provincial councils and the members of the electoral tribunal have the right to speak when draft laws introduced by them are discussed. the organic laws require for their enactment a favorable vote of the absolute majority of the members of the national assembly in the second and third reading. ordinary laws need only the approval of a majority of national assembly members present during the corresponding sessions. article 166 no bill shall become the law if it has not been approved by the national assembly, in three readings on different days, and approved by the executive authority in the manner prescribed by this constitution. the first reading of any bill is that given in committee, dealt with in the preceding article. a bill in committee may proceed to a second reading when the majority of the national assembly, at the request of one of its members revokes the opinion of the committee and gives its approval to the bill. article 167 every bill that has not been presented by one of the committees shall be given by the president of the national assembly, to an ad hoc committee, for study and discussion within a reasonable time period. article 168 when a bill has been approved it will go to the executive authority and if he/she approves it, he/she will order it to be promulgated as law. in the opposite case, he/she will return it with a statement of objections, to the national assembly. article 169 the executive authority shall be allowed a period of no more than thirty working days to return a bill with objections. if the executive authority does not return the bill with his/her objections within the terms prescribed above, he/she must approve it and order it to be promulgated. article 170 a bill vetoed as a whole by the executive authority will be returned to the national assembly for a third reading. if it has been vetoed only in part, it will be returned for a second reading for the sole purpose of considering the objections. if after consideration of the objections by the national assembly the bill is approved by the two thirds of the members composing the assembly, the executive branch shall approve it and have it promulgated without having the right to present new objections. if it does not obtain the approval of the required number of members, the bill is definitely rejected. article 171 when the executive authority vetoes a bill as unconstitutional and the national assembly by majority vote insists that it be adopted, the bill shall be sent to the supreme court for a decision on its constitutionality. if the supreme court's judgment declares the bill constitutional, the executive authority is obliged to approve it and have it promulgated. article 172 if the executive authority does not comply with the duty of approving and having the laws promulgated within the periods and according to the terms established by this title, they shall be approved and ordered to be promulgated by the president of the national assembly. article 173 every law shall be promulgated within six working days following its approval, and shall be in force from its promulgation, except when the law itself establishes a later date for its entrance into force. the delay in the promulgation of a law has no effect on its constitutionality. article 174 laws may be accompanied by an explanatory statement, and their text shall begin with the following preamble: "the national assembly decrees:" title vi. the executive branch chapter 1. the president and vice presidents of the republic article 175 the executive branch is composed of the president of the republic and the ministers of state, according to the provisions of this constitution. article 176 the president of the republic exercises his/her powers alone, or with the participation of the respective minister, or with all of the ministers in the cabinet council, or in any other way determined by this constitution. article 177 the president of the republic shall be elected in a popular direct election by a majority of votes for a term of five years. together with the president there shall be elected, in the same manner and for the same term, a vice-president who shall replace the president during his or her absence in accordance with the provisions of this constitution. article 178 the citizen who has been elected president or vice-president of the republic may not be elected for the same office in the two presidential terms immediately following. article 179 in order to be eligible as president or vice-president of the republic, it is necessary: to be panamanian by birth; to have reached thirty-five years of age. article 180 nobody who has been sentenced by enforceable decision of a court of law to prison for five or more years for a premeditated offense may be elected president or vice-president of the republic. article 181 the president and the vice-president of the republic shall take office before the national assembly on the first day of july following the elections and shall take the oath of office in these words: "i swear to god and to the country to comply faithfully with the constitution and the laws of the republic." a citizen who professes no religious belief may dispense with the invocation to god in the oath. article 182 if for any reason the president or the vice-president of the republic cannot take office before the national assembly, they shall do so before the supreme court of justice; if this is not possible, before a notary-public, failing this, before two competent witnesses. article 183 the president of the republic may exercise the following functions by himself/herself: to appoint and remove freely the ministers of state; to coordinate the work of the administration and public establishments; to supervise the preservation of public order; to adopt the means necessary for the national assembly to meet on the day designated by this constitution, or by a decree convoking the assembly to extraordinary sessions; to submit, at the beginning of each legislature in the first day of ordinary sessions, a message relative to the affairs of the administration; to veto bills that he/she considers to be improper or unconstitutional; to invalidate orders or provisions issued by a minister of state according to article 186; to exercise all other powers granted him/her by this constitution or by law. article 184 the following functions shall be exercised by the president of the republic with the participation of the respective minister: to approve and promulgate the laws, obey them and to see that they are faithfully executed; to appoint and remove the directors and further members of the police services and to make use of this service; to appoint and freely remove the governors of the provinces; to inform the legislative branch of the vacancies produced in the offices which the latter must fulfill; to supervise the collection and administration of the national revenues; to appoint, in accordance with the provisions of title xi, the persons who are to hold national offices or positions, whose provision does not correspond to other office or entity; to send to the legislative branch, within the first month of the first annual session, the draft of the general budget, unless the date of his/her inauguration coincides with the beginning of the said session. in this case, the president of the republic shall accomplish this task within the first forty days of the same session; to enter into administrative contracts for the performance of services and the execution of public works, in accordance with the provisions of this constitution and the law; to direct foreign relations, to negotiate treaties and international agreements, which shall be submitted to the consideration of the legislative branch and authorize and to assign and receive diplomatic and consular agents; to direct, regulate and inspect services in accordance with the provisions established in this constitution; to appoint the chiefs, managers and directors of autonomous, semi-autonomous public entities and states' entities, as provided by the respective laws; to decree pardons for political offenses, reduce penalties and grant conditional freedom to common crimes convicts; to grant promotions to members of the police service pursuant to the roster and the corresponding legal provisions; to regulate the laws requiring it for its better compliance, without deviating, in any case, from its text nor from the spirit thereof; to grant to nationals requesting it, permit to accept positions in foreign governments, in the case where it is necessary in accordance with the law; to exercise the other functions granted by this constitution and by law. article 185 powers exercised by the vice-president of the republic are: to take the place of the president of the republic in his/her temporary absence; to participate with the right to speak, but not to vote in cabinet council meetings; to advise the president of the republic on matters determined by the latter; to assist and represent the president of the republic in public acts and national or international congresses, or on special missions assigned by the president. article 186 no acts of the president of the republic, except those which may be exercised by him/her alone, will have any validity or effect, unless countersigned by the respective minister of state, who by this action renders himself responsible thereof. orders and resolutions that a minister of state issues on the instructions of the president of the republic, are obligatory, and shall only be invalidated by the latter when they are against the constitution or law, without prejudice to legal remedies. article 187 the president and vice-president of the republic may be absent from their offices with permission granted by the cabinet council for a period not exceeding ninety days. for an absence of more than ninety days permission is required from the national assembly. during a president's leave of absence the vice-president shall take his/her place and shall have the title of acting president. when for any reason the vice-president cannot fulfill the duties of the absent president, the functions of president shall be discharged by one of the minister of state shall be elected by the latter through majority vote; he/she must be qualified to become president and shall be called the minister acting as president of the republic. in the delays defined in this and the following articles holidays shall be included. article 188 the president of the republic may be absent from the national territory, on each occasion, without having to ask for leave from office: for a period up to ten days without need for any authorization at all; for a period exceeding ten but not thirty days with authorization from the cabinet council; for a period exceeding thirty days as authorized with authorization from the national assembly. if the president is absent for more than ten days, the first vice-president shall take charge of the presidential functions; in the absence of the latter, a minister of state shall take over, in accordance with the provisions of the constitution. whoever takes charge shall be called acting president of the republic. article 189 in the case of permanent absence of the president of the republic, the vice-president will take over the presidential functions for the rest of the remaining term. when the vice-president assumes the office of president, one of the ministers of state who must have the necessary qualifications for vice-president and shall be elected by their majority vote shall take over the vice-presidency. when for any reason the permanent absence of the president cannot be filled by the vice-president, one of the ministers of state who must have the necessary qualifications for president shall assume the office after having been elected by majority vote of the others. he/she shall be called minister acting as president of the republic. when the permanent absence of the president and vice-president occurs at least two years before the expiration of the presidential term, the minister acting as president shall call an election for president and vice-president within four months, in a manner that allows those elected to assume their functions for the rest of the remaining term within six months after the election has been called. the relevant decree shall be issued no later than eight days after the minister acting as president has taken office. article 190 emoluments assigned by law to the president and vice-presidents of the republic may be modified, but the change shall enter into force in the following presidential term. article 191 the president and the vice-president of the republic are responsible only in the following cases: for exceeding their constitutional powers; for acts of violence or coercion during the electoral process; for impeding the meeting of the national assembly, for blocking the exercise of its functions or of the functions of the other public organizations or authorities that are established by this constitution; for offenses against the international personality of the state or against the public administration. in the first and second case, the penalty shall be removal from office, and disqualification to hold public office for a period fixed by law. in the third case ordinary law shall apply. article 192 there may not be elected president of the republic: a citizen who, called to exercise the presidency because of permanent absence of the president, has held the position at any time during the three years immediately preceding the term for which the election is held; relatives within the fourth degree of consanguinity or second degree of marital relations of a president of the republic who has held office in the term immediately preceding, or such relatives of the citizen referred to in numeral 1 of this article. article 193 the following persons may not be elected vice-presidents of the republic: the president of the republic currently serving his/her term of office when the election for vice-president of the republic is for the term immediately following said term; relatives within the fourth degree of consanguinity or the second degree of marital relations of the president of the republic, for the term following that in which said president has held office; a citizen who, as vice-president of the republic, has held the presidency in a permanent manner at any time during the three years preceding the term for which the election is being held; relatives within the fourth degree of consanguinity or second degree of marital relations of the citizen mentioned in the preceding section, for the term immediately following that in which that citizen has held the presidency of the republic; relatives within the fourth degree of consanguinity or the second degree of marital relations of the president of the republic. chapter 2. the ministers of state article 194 the ministers of state are chiefs of their respective branches and cooperate with the president of the republic in the exercise of their functions in accordance with this constitution and the law. article 195 the distribution of the business of state according to its affinities, among the ministers of state will be effected in accordance with law. article 196 ministers of state must be panamanian by birth, must have reached twenty-five years of age and must not have been sentenced to a prison term of five or more years for a premeditated offense by enforceable decision of a court of law. article 197 no person may be appointed minister of state who is a relative of the president of the republic within the fourth degree of consanguinity or the second degree of marital relations, or by person of those relationships be members of the same cabinet council. article 198 each minister of state shall personally submit to the national assembly an annual report or statement concerning the state of affairs of his/her ministry and such reforms as he/she may deem expedient to introduce. chapter 3. the cabinet council article 199 the cabinet council is the meeting of the president of the republic, who shall chair it, or of the acting president with the vice-president of the republic and the ministers of state. article 200 the cabinet council has the following functions: to act as an advisory body in matters submitted to it by the president of the republic, and in those matters in which it has to heard by virtue of the constitution or the law; to approve, with the president of the republic, appointments of justices of the supreme court, the attorney general of the nation, the solicitor general of the administration, and their alternates, subject to the approval of the national assembly; to approve the execution of contracts, the negotiation of loans and the transfer of personal or real national property in the manner prescribed by law; to approve jointly with the president the transfer or submission by the latter of disputes to which the state is a party to arbitration; this requires the favorable opinion of the attorney general of the nation. this provision does not apply to arbitration conventions which the state has joined by contractual agreement; they are self-executing; to issue a decree, under the joint responsibility of all its members, declaring a state of emergency, and the suspension of pertinent constitutional guarantees, in accordance with article 51 of this constitution; to request from public officials, government entities and mixed enterprises, those reports deemed necessary or appropriate for the dispatch of affairs it must consider, and to summon said officials and representatives of said entities and enterprises, to give oral reports; to negotiate and contract, loans, organize public credit, to acknowledge the national debt and arrange for its servicing, to set and modify tariffs, rates, and the other provisions concerning custom regulations, subject to the standards set by law, in accordance with numeral 11 of article 153 of this constitution. whereas the legislative branch has not issued a law or laws that contain the corresponding general norms, the executive branch may exercise these powers and will send to the legislative branch, copies of all the decrees issued in exercise of this power; to issue regulations for its internal government and to exercise the rest of its functions as established by this constitution, or by law. chapter 4. the general council of state [repealed] title vii. the administration of justice chapter 1. the judicial branch article 201 the administration of justice is free, expeditious, and uninterrupted. the pleadings and action of all court proceedings shall be recorded on simple paper, and shall not be subject to any tax. vacations of the justices, judges or judicial branch employees shall not interrupt the continuous functioning of the respective tribunals. article 202 the judicial branch is composed of the supreme court of justice, tribunals, and such other lower courts as the law may establish. justice may also be administered by arbitral jurisdiction in accordance with the provisions of the law. the arbitration tribunals are entitled to consider and decides issues concerning their own jurisdiction. article 203 the supreme court of justice shall be composed of the number of justices determined by law, to be appointed by decision of the cabinet council, subject to the approval of the legislative branch, for a ten year term. if the post of a justice becomes permanently vacant during the course of a term, a new justice shall be appointed to serve the remainder of said term. each justice has an alternate (suplente), appointed in the same manner as the principal justice and for the same term who shall replace him in the case of his absence in accordance with the law. only career judges active in the judicial branch may be designated as alternates. every two years, two justices shall be appointed, except in cases when, in view of the number of justices currently serving on the court, more than two or less than two justices are appointed. when the number of justices is increased, the necessary appointments to this effect shall be made and the respective law shall make the appropriate provisions in order to maintain the principle of successive appointments. may not be appointed as justice of the supreme court: persons who are exercising or have exercised the functions of principal or alternate member of the national assembly during the constitutional term currently under way; persons who are exercising or have exercised command and jurisdictional functions in the executive branch during the constitutional term currently under way. the court shall be divided into chambers, each with three permanent justices. article 204 in order to be eligible as justice of the supreme court it is necessary: to be panamanian by birth; to have reached thirty-five years of age; to be in full possession of civil and political rights; to hold a university degree in law and to have the degree registered in the office prescribed by law; to have completed a ten year period of service either in the profession of lawyer or in a position in the judicial branch, the public ministry, the electoral tribunal, or the office of ombudsman for which a university degree in law is required, or to have been a professor of law at university level. the validity of credentials for justices of the supreme court which were issued in accordance with previous constitutional provisions is recognized. article 205 a person who has been convicted of a crime through a final sentence rendered by a court of law shall not hold office in the judicial branch. article 206 among the constitutional and legal functions of the supreme court of justice shall be the following: to guard the integrity of the constitution. for this purpose, and after hearing the opinion of the attorney general of the nation or the solicitor general of the administration, the court in plenary session shall try and rule on cases concerning the unconstitutionality of laws, decrees, decisions, resolutions and other acts that for reasons of substance or form are challenged before it, by any person. when during the proceedings of a case, the public official entrusted with the administration of justice considers, or it is observed by one of the parties, that the legal or regulatory provision applicable to the case is unconstitutional, he/she shall submit the question to the cognizance of the court in plenary session, except when the provision has already been the subject of a decision, and shall order a continuance of the case, until the question of constitutionality is decided. the parties only shall be able to formulate such observations one time during the process of a case; to exercise contentious-administrative jurisdiction (administrative litigation) over acts, omissions, faulty or deficient public services, resolutions and orders or provisions which are executed, adopted, issued, or committed in the performance or duties, or on the pretext of performing them, by national, provincial, and municipal government employees, as well as those of autonomous and semi-autonomous public entities. in such cases, the supreme court of justice, after hearing the opinion of the solicitor general of the administration, shall have the power to annul the acts that have been accused of unlawfulness, reestablish the private rights violated, enact new provisions in lieu of those opposed, and render a judgment with regard to the meaning, applicability or legal validity of an administrative act. persons affected by the act, resolution, order or decision in question may resort to contentious-administrative jurisdiction; and any natural or juridical person, domiciled in the country may exercise popular action. the decisions issued by the supreme court in exercise of the powers conferred on it by this article are final, definitive and binding, and must be published in the official gazette; to investigate and try the members of the national assembly. in order to carry out the investigation, the plenary of the supreme court of justice shall appoint an investigating officer. article 207 neither writ of unconstitutionality, nor for constitutional guarantees (amparo) shall be admitted against the judgments of the supreme court of justice or its chambers. article 208 the incumbent justices and judges shall not occupy any other public position except that of professor of law in an educational institution at university level. article 209 in the court of appeals and lower courts established by law, justices shall be appointed by the supreme court of justice and judges shall be appointed by their immediate superiors. subordinate personnel shall be appointed by the respective tribunal or judge. all these appointments shall be made according to the judicial career, pursuant to title xi hereof. article 210 justices and judges are independent in the performance of their functions and are subject only to the constitution and to law. but, lower courts are obliged to abide by and comply with the decisions that superior courts may issue on revoking or reversing, by virtue of legal proceedings, decisions rendered by the former. article 211 justices and judges will not be discharged from office, nor suspended or transferred from the exercise of their functions, except in cases and with the formalities established by law. article 212 officials in the judicial branch shall not participate in politics, except to vote in elections, nor practice law, nor commerce, nor hold any other remunerated position, except that which is provided in article 208 hereof. article 213 salaries and allowances for justices of the supreme court shall not be less than those of the ministers of state. all elimination of positions in the judicial branch shall be carried out upon the expiration of the corresponding term. article 214 the supreme court of justice and the attorney general of the nation shall formulate the respective budgets of the judicial branch and the public ministry, and shall send them, at the proper time, to the executive branch, to be included in the projected general budget of the public sector. the president of the court and the attorney general shall support all stages of their respective projected budgets. the budgets of the judicial branch and of the public ministry shall not, together, be less than two percent (2%) of the current central government income. however, when this amount is more than necessary to cover fundamental necessities proposed by the judicial branch and the public ministry, the executive branch shall include the excess in other areas of expenditures or investments in the projected budget of the central government, in order that the national assembly determine whatever is proper. article 215 procedural laws that are approved shall be based, among others, on the following principles: simplification of procedures, expeditiousness and absence of formalism; the object of the procedure is to recognize the rights granted by substantive law. article 216 justices and judges may not be detained nor arrested except by virtue of a written order from a judicial authority competent to judge them. article 217 the means of giving advice and legal defense to those who, because of their economic situation cannot pay for same, shall be established by law, whether from an official organization created for this purpose, or through professional associations of lawyers recognized by the state. article 218 trial by jury is [hereby] established. cases to be adjudicated by this system shall be determined by law. chapter 2. the public ministry article 219 the public ministry shall be conducted by the attorney general of the republic, the solicitor general of the administration, by the district and municipal attorneys, and such other officers as the law may designate. officials of the public ministry may exercise by delegation the functions of the attorney general, in accordance with the provisions of the law. article 220 functions of officers of the public ministry are: to defend the interest of the nation, or of the municipality; to promote the compliance or execution of laws, court decisions, and administrative orders; to supervise the official conduct of public officials and employees and to take care that all completely discharge their duties; to prosecute offenses and violations of constitutional or legal provisions; to serve as legal advisors to the administrative officers; and to exercise the other functions established by law. article 221 the same qualifications are required to be attorney general of the nation and solicitor general of the administration as are required to be a justice of the supreme court, and both shall be appointed for a term of ten years. article 222 the special functions of the attorney general of the republic are: to arraign before the supreme court of justice those officials whose trials correspond to that body; to see to it that the other officers of the public ministry faithfully discharge their duties and to take appropriate action to hold them responsible for offenses or crimes committed by them. article 223 the same provisions are effective with respect to the officers of the public ministry as are established with respect to judicial officers by articles 202, 205, 207, 208, 209 and 213. article 224 the attorney general of the nation and the solicitor general of the administration shall be appointed in accordance with the same procedures and subject to the same prohibitions which apply to the justices of the supreme court. the temporary absence of any of the prosecutors will be filled by an official of the public ministry as acting prosecutor who has the same qualifications as the respective prosecutor and is designated by him/her as temporal replacement. district and municipal attorneys shall be appointed by their immediate superior. subordinate employees shall be appointed by the respective district or municipal attorney. all these appointments shall be made in conformity with the provisions governing judicial careers. title viii. municipal and provincial systems chapter 1. borough representatives article 225 each borough shall elect a representative and his/her alternate, by direct popular vote for a five years term. district representatives may be re-elected indefinitely. article 226 in order to be eligible as a borough representative it is necessary: to be panamanian by birth or to have acquired panamanian nationality in a final manner ten years before the election date; to be eighteen years of age; not to have been sentenced for a premeditated offense to a prison term of five years or more by enforceable decision of a court of law: to be a resident in the community which he/she represents for at least the year immediately preceding the election. article 227 a borough representative shall lose his/her office for the following reasons: a voluntary change of residence to another community; conviction by a court of law for a criminal act; termination of the mandate ("recall"), in accordance with regulations established by law. article 228 in the case of the temporary or permanent absence of the principal borough representative, his/her alternate shall take charge. in case of a permanent absence of the principal and alternate borough representatives an election must be held within the following six months to elect a new borough representative and his/her/her respective alternate. article 229 borough representatives shall not be appointed to remunerated public positions in their respective municipalities. an infraction of this precept will nullify the appointment. an appointment to the judicial branch, the public ministry, or electoral tribunal will produce a permanent vacancy in the functions of borough representative, and the designation as a minister of state, chief of an autonomous or semi-autonomous institution or diplomatic mission, or governor of a province a temporary one. article 230 borough representatives are not legally responsible for opinions stated in the exercise of their functions as members of the provincial council. article 231 borough representatives shall receive remuneration paid by the national or municipal treasury, as determined by law. chapter 2. the municipal system article 232 the municipality is the autonomous political organization established within a district. the municipal organization shall be democratic and will respond to the essentially administrative character of local government. article 233 as fundamental entity of the political-administrative structure of the state with its own democratic and autonomous self-government it is the duty of the municipality to provide the services and carry out the public works determined by law, to structure the development of its territory, to promote citizen participation as well as the cultural and social improvement of its inhabitants and to fulfill the other functions assigned to it by the constitution and the law. the executive branch guarantees the achievement of these purposes, within the framework of the process of decentralization of public competences and functions which the panamanian state shall promote and carry out on the basis of the principles of autonomy, subsidiarity (subsidiaridad), equity, equality, sustainability and efficiency, and taken into account the territorial size, population and basic needs of the municipalities. the law shall determine the manner in which the public administration is decentralized and the transfer of powers and resources for the execution of this provision. article 234 the municipal authorities have the duty to comply with, and to enforce compliance with the constitution and laws of the republic, the decrees and orders of the executive branch, and the decisions of the ordinary or administrative courts of justice. article 235 no municipal civil servant may be suspended or discharged by the national administrative authorities. article 236 the state shall supply municipal management when the latter may be insufficient in cases of epidemic, grave disturbance of the public order, or other reasons of general interest, in the manner prescribed by law. article 237 in each district there shall be a body called the municipal council, composed of all borough representatives that have been elected within said district. if, in any district there exists less than five boroughs, councilors shall be elected by direct popular vote, according to the procedure and systems of proportional representation established by law, so that there are five members in a municipal council. the council shall designate one president and one vice-president from among its members. the latter shall take the place of the former, in his/her/her absence. article 238 by popular initiative and through the vote of the respective councils, two or more municipalities may request their incorporation into a single one, or into an association, for reasons of common benefit. corresponding procedures shall be established by law. the municipalities of a province with like requisites may unify their regime, establishing a common treasury and fiscal administration. in this case there may be created an inter-municipal council whose composition shall be determined by law. article 239 citizens have the right of initiative and referendum in the matters entrusted to the councils. article 240 the law may establish, in accordance with economic capacity and human resources of the municipalities, which of them shall be governed by a system of expert commissioners to render those services that the law itself may establish. article 241 in each district there shall be a mayor (alcalde), who is the chief of the municipal administration, and a deputy mayor, elected by direct popular vote for five year terms. article 242 without prejudice to other functions which the law may assign to it, the municipal council is competent to implement, modify, amend and repeal municipal decisions and resolutions pertaining to: the approval or rejection of the municipal budget for revenues and expenditures drafted by the office of the mayor; the determination of the structure of the municipal administration upon proposal by the mayor; the control of the municipal administration; the approval or rejection of the conclusion of contracts about concessions and other forms of provision of public services, and those concerning the construction of municipal public works; the approval or elimination of taxes, contributions, fees and levies in accordance with the law; the creation or abolition of public services of the municipality; the appointment, suspension or dismissal of municipal officials who work in the municipal council; the approval of the appointment to the post of municipal treasurer made by the mayor; matters related to the powers of the municipality according to the law. municipal decisions have the force of law within the perspective municipality. article 243 the mayors shall have the following functions: to submit bills, especially of the budget for revenues and expenditures; to put in order the expenditures of the local administration, bringing them into conformity with the budget and the accounting regulations; to appoint and dismiss municipal officials whose nomination does not correspond to another authority, subject to the provisions of title xi; to promote progress of the municipal community and to monitor the fulfillment of its officials' duties; to discharge the other functions assigned to him/her by law. article 244 mayors shall receive remuneration for their services which shall be paid from the national or municipal treasury, in accordance with the provisions of the law. article 245 municipal taxes are those which have no effect outside of the district, but exceptions shall be established by law which specify taxes as municipal notwithstanding that they so originate. on this basis, the proper separation of national revenues and expenditures and those that are municipal shall be established by law. article 246 the following shall be sources of municipal income apart from those provided by law in accordance with the preceding article: income from public lands or properties or from municipal assets; fees for the use of goods or services; duties on public performances; taxes on the sale of alcoholic beverages; duties on the extraction of sands, quarried stone, rock, clay, coral, gravel and limestone; fines imposed by municipal authorities; state subsidies and grants; duties, on the extraction of woods, and on lumbering; tax on the slaughtering of bovine and porcine livestock which shall be paid in the municipality of the animal's origin. article 247 municipalities shall be able to create municipal and/or mixed enterprises for the development of properties or services. article 248 the state shall not grant exemptions of municipal duties, charges or taxes. municipalities alone shall do so by means of a municipal resolution. article 249 municipalities shall contract loans with prior authorization of the executive branch. procedure shall be determined by law. article 250 there shall be a borough junta (junta communal) in each borough that shall promote the development of the community and monitor the solution of its problems. borough juntas shall exercise functions of voluntary conciliation, and others designated by law. article 251 the borough junta shall be composed of the borough representative who shall chair it and four other borough residents chosen in the manner determined by law. borough juntas shall be able to request the cooperation and advice of national or municipal officials, and of private persons. special rules for community juntas that shall function in communities which are not administratively constituted in municipalities or boroughs shall be established by law. chapter 3. the provincial system article 252 there shall be in each province a governor whose free appointment and removal shall be by order of the executive authority, and who shall represent the latter within his/her jurisdiction. each governor shall have an alternate, also designated by the executive branch. functions and duties of governors shall be determined by law. article 253 each province shall include the number of districts provided by law. article 254 a provincial council shall function in each province, made up of all precinct representatives of the respective province, and other members determined by the law that regulates the organization and operation of the council. such members shall have only the right of voice. each provincial council shall elect a president and board of directors from among the respective precinct representatives, and shall issue the rules for its internal proceedings. the governor of the province, and mayors of the districts may participate with right of voice at provincial council meetings. article 255 along with others designated by law, the provincial council has the following duties: to act as an advisory body, to the governor of the province, to provincial authorities, and to national authorities in general; to request reports on matters concerning the province from national, provincial and municipal officials. for these purposes the provincial and municipal officials are obliged, when the provincial council so requests, to appear personally before it, and give oral reports. national officers may submit written reports; to prepare each year for the consideration of the executive branch, the plan for public works, investments, and services of the province, and to supervise, the execution of same; to supervise the performance of public services offered in the respective province; to recommend to the national assembly changes considered appropriate in political divisions of the province; to request from national and provincial authorities studies and programs of interest to the province. article 256 the provincial council shall meet once a month, in ordinary session, in the capital of the province or at a place in the province determined by the council, and in extraordinary sessions when such are convoked by the president, or at the request of no less than one-third of its members. title ix. public finances chapter 1. properties and rights of the state article 257 the following belong to the state: properties existing in the territory that belonged to the republic of colombia; rights and actions which the republic of colombia possessed as owner, inside or outside of the country, by reason of sovereignty that it exercised over the territory of the isthmus of panama; properties, revenues, estates, securities, rights, and actions which pertained to the extinct department of panama; vacant and free lands; the subsoil, which could be exploited by state or mixed enterprises or may be the object of concessions or contracts for the exploitation of its resources, as established by law. mining rights granted and not exercised within the period and conditions fixed by law, will revert to the state; salt works, mines, underground and thermal waters, hydrocarbons, quarries, and deposits of all kinds, which may not be the object of private appropriation but may be exploited directly by the state, through state or mixed enterprises, or to be the subject of concessions, or other contracts for operation by private enterprises. regulation of all matters pertaining to the various forms of exploitations shall be determined by law; historical monuments, documents and other assets which are evidences of the past history of the republic. the procedure by which they will revert to the state when held by private parties under any title shall be determined by law; archaeological sites and objects, the exploration, study and restoration of which shall be regulated by law. article 258 the following belong to the state and are of public use and therefore may not be the object of private appropriation: territorial sea, lake and river waters, the shores and banks of same and of navigable rivers and ports and estuaries. all these properties are of free and common benefit, subject to the regulations established by law; lands and waters destined for public services and all kinds of communications; lands and waters designated, or that the state may designate, for public irrigation services, hydroelectric production, drainage and aqueducts; air space, the undersea continental shelf, the bed and subsoil of the territorial sea; all other properties defined by law for public use. in all cases in which property of private ownership is converted by law into property for public use, the owner thereof shall be compensated. article 259 concessions for the exploitation of the soil, subsoil, forests and for utilization of waters, means of communications or transportation, and for other public service undertakings, shall be inspired by social welfare and public interest. article 260 all artistic and historical wealth of the country constitutes the cultural heritage of the republic and will be under the guardianship of the state which may prohibit its destruction, exportation or transmission. article 261 the power of issuing money belongs to the state, which may transfer it to official banks of issue in the manner determined by law. article 262 there shall not be in the republic paper money of legal tender. article 263 there shall be created and regulated by law official or semi-official banks which function as autonomous entities supervised by the state. subsidiary responsibilities of the state shall be established by law with respect to the obligations assumed by these banks. the banking regime shall be regulated by law. article 264 by law, all taxes imposed upon the taxpayer shall be, as far as possible, in direct proportion to his/her economic capacity, subject to the need to receive public funds and protect domestic production. article 265 there may be established by law, for revenue purposes, official monopolies on imported articles or those not produced in the country. upon the establishment of a monopoly by virtue of which any person is deprived of the right to engage in a lawful business or industry, the state shall compensate in advance those persons or enterprises whose businesses have been expropriated under the terms of this article. article 266 the execution or repair of national works, purchases made from state funds or funds of its autonomous or semi-autonomous entities or of the municipalities, and the sale or lease of property belonging thereto, shall be effected by public bidding except in the cases specified by law. measures shall be established by law to ensure in all bidding the maximum benefit to the state and full justice in the award. chapter 2. the general budget of the state article 267 the executive branch is responsible for planning the projected budget of state and the national assembly is responsible for its examination, modification, rejection or approval. article 268 the budget shall be annual and shall contain the total investments, revenues and expenditures of the public, which includes autonomous and semi-autonomous entities and state enterprises. article 269 the executive branch will hold budgetary consultation with different dependencies and entities of the state. the budget committee of the national assembly will participate in such consultations. article 270 in the budget planned by the executive branch, expenditures shall be balanced with revenues article 271 the national assembly may eliminate or reduce amounts of expenditures provided for in the projected budget, except those meant for payment of the public debt, in fulfillment of other state contractual obligations and the financing of public investments previously authorized by law. the national assembly may not increase expenditures described in the projected budget, or include a new expenditure without the approval of the cabinet council, nor add to total revenues without the agreement of the comptroller general of the republic. if, according to that which is established in this article, total revenues are increased or portions of expenditures are eliminated or reduced, the national assembly shall use such available monies for other expenses, or investments, after obtaining approval from the cabinet council. article 272 if the projected general budget of state does not receive final approval (by the national assembly) by the first day of the new fiscal year, the budget as proposed by the executive branch shall enter into force, adopted by decision of the cabinet council. article 273 if the national assembly rejects the projected general budget of state, the budget immediately preceding shall be automatically extended until a new budget is approved, and also, the amounts in the rejected budget, designated for the payment of the public debt, fulfillment of other state contractual obligations, and financing public investments previously authorized by law, shall be automatically approved. article 274 any supplementary or extraordinary appropriations, with reference to the present budget can be requested by the executive branch and approved by the national assembly in the manner designated by law. article 275 if at any time of the [budget] year the executive branch has reason to believe that the total amount of available income is inferior to the total amount of expenditures authorized in the general state budget, it shall adopt an expenditure adjustment plan, to be approved in accordance with the provisions of the law. the adjustments to the budgets of the legislative and judicial branches, the public ministry, the electoral tribunal, the office of ombudsman and the office of comptroller general of the republic will not be superior in percentage points to the adjustment of the general budget for any of these institutions, and affect the expenditure items indicated by them. article 276 the national assembly shall not issue laws that eliminate or modify those that establish revenues included in the budget without, at the same time, establishing new revenues in their place or increasing those in existence, with previous information to the general comptrollership of the republic about the fiscal efficiency of said laws. article 277 no public payment can be made that has not been authorized pursuant to the constitution or the law. neither can any credit be transferred to an item not provided in the respective budget. article 278 all amounts entered and issued from the public treasury shall be included and authorized in the respective budget. no entries shall be perceived due to taxes that the law has not established nor there shall be paid any expenses not provided in the budget. chapter 3. general comptrollership of the republic article 279 there shall be an independent state organism called the office of comptroller general of the republic whose direction shall be entrusted to a public official called the comptroller, seconded by an assistant comptroller, who shall be appointed for the same term as the president of the republic during which they may suspended or removed from office only by the supreme court of justice for one of the causes defined by the law. both shall be appointed in such a manner that they can assume their functions on the first day of january which follows the start of the ordinary presidential term. in order to be comptroller and assistant comptroller of the republic it is necessary to be a panamanian citizen by birth; to have a university degree and thirty-five years or more of age and not to have been sentenced to a prison term of five or more years for a premeditated offence by enforceable decision of a court of law. article 280 the following are functions of the general comptrollership of the republic, in addition to those stated by the law: to keep national accounts, including those concerning internal and external debts; to investigate and regulate, by means of prior and subsequent control, all management activities with regard to funds and other public properties, in order to ensure their proper performance in accordance with the provisions of the law. the office of the comptroller shall determine the cases in which it will exercise prior and subsequent control over management of funds, as well as those in which it will only exercise the latter; to examine, audit and close the accounts of public employees, entities or persons who administer, manage or supervise funds or other public property. matters related to criminal responsibility fall within the jurisdiction of courts; to conduct inspections and investigations to determine the regularity or irregularity of operations affecting public assets and if appropriate, to present the corresponding complaints; to request from public employees reports on the fiscal management of national, provincial, municipal, autonomous or semi-autonomous public institutions and state enterprises; to adopt and promote the adoption of measures necessary to make effective the credits provided to public entities; to ask for a review of unconstitutionality or illegality, according to the case, of laws and other acts violating the constitution or the laws which affect public assets; to establish accounting systems for the public entities mentioned in numeral 5 of this article; to inform the national assembly and the executive branch about the financial state of the public administration and to submit opinions on the feasibility and convenience of providing supplementary or extraordinary appropriations; to direct and compile national statistics; to appoint employees in its departments in accordance with this constitution and by law; to submit to the executive branch and national assembly an annual report on its activities; to examine the accounts of agents and management personnel, when such accounts are objected to because of supposed irregularities; to submit for judgment of the audit tribunal the accounts of public agents and servants when they are subject to objection because of supposed irregularities. chapter 4. audit tribunal (tribunal de cuentas article 281 an audit jurisdiction is established as a national jurisdiction to pass judgment on the accounts of agents and employees managing public funds in cases where objections arise because of supposed irregularities. the audit tribunal shall be composed of three justices who are appointed for a term of ten years in the following manner: one by the legislative branch, one by the executive branch and the third by the judicial branch. the law shall determine the establishment and functioning of the tribunal. title x. national economy article 282 the exercise of economic activities corresponds primarily to private parties. but the state will guide, direct, regulate, replace or create such activities in accordance with social need and within the norms of the present title, for the purpose of increasing national wealth and assuring its benefits to the largest possible number of inhabitants of the country. the state shall plan economic and social development by means of special sections or departments, the organization and functions of which shall be determined by law. article 283 measures which shall be established by law to accomplish the purpose dealt with in a preceding article are: the creation of commissions of technicians and specialists to study the conditions and the possibilities of all types of economic activities, and to formulate recommendations for developing them; the promotion of the creation of private enterprises that will function in accordance with the recommendations mentioned in the preceding sections, and the establishment of state enterprises and the encouragement of the formation of mixed companies with state participation. state companies shall be established to meet social needs and for public security and the public interest; the establishment of credit and development institutions or other appropriate facilities to serve those engaged in small economic activities; the establishment of theoretical-practical centers for teaching of commerce, agriculture, cattle-raising, tourism and arts and crafts, including the manual arts, and for the training of workers and specialized industrial managers. article 284 the state will intervene in any kind of private enterprise, in accordance with the regulations established by law, to ensure social justice to which the present constitution refers and especially for the following purposes: to regulate, through special institutions, service rates and prices of items of any nature and specially those of basic necessity; to demand proper efficiency in services and adequate quality in articles mentioned in the preceding section; to coordinate services and the production of goods. articles of basic necessities shall be defined by law. article 285 panamanian capital must constitute the majority invested in private undertakings of public utility that operate in the country. exceptions shall be permitted and defined by law. article 286 the state shall create public utility enterprises through autonomous or semi-autonomous entities, and other adequate means. in the same manner, it shall assume ownership, through expropriation and compensation, of public utility enterprises belonging to private persons, if authorized in each case by law, and when necessary for collective welfare. article 287 in areas or regions in which the level of social or economic development so requires, the state may establish autonomous or semi-autonomous national, regional or municipal institutions to promote comprehensive development of the section or region. these institutions may coordinate state and municipal programs in cooperation with municipal or inter-municipal councils. the organization, jurisdiction, financing and supervision of fiscal duties of such development institutions shall be regulated by law. article 288 it is the duty of the state to promote and supervise cooperatives, and for this purpose it shall create those institutions that may be necessary. a special rule for their organization, functioning, recognition and registration, which shall be free, shall be prescribed by law. article 289 the state shall regulate the suitable use of land in accordance with its potential use and national development programs, in order to yield optimum benefits. article 290 no foreign government nor foreign official or semi-official entities or institutions may acquire title over any part of the national territory, except for embassies in accordance with the provisions of the law. article 291 no foreign natural or juridical person, nor national juridical person having foreign capital, entirely or in part, may acquire ownership of national or private lands situated at a distance less than ten kilometers from the border. insular territory may only be transferred for specific purpose of national development and under the following conditions: when it is not considered a strategic area or reserved for governmental programs; when it is declared an area of special development, and legislation has been prescribed for its development, provided national safety is guaranteed. the transfer of insular territory does not affect the state ownership of properties for public use. in the preceding cases, vested rights operating at the time this constitution becomes effective will be respected; however, the respective property may be expropriated at any time through payment of an adequate compensation. article 292 there shall be no property that may not be freely transferred, nor irredeemable obligations, except what is stipulated in article 62 and 127 hereof. nevertheless, temporary limitations to the right of transfer and the conditions or modes that suspend or retard the redemption of the obligations shall be valid for a maximum period of twenty years. article 293 only the following may engage in retail trade: panamanians by birth; individuals who, at the time this constitution becomes effective, were naturalized and married to a panamanian national or had children by a panamanian national; naturalized panamanians, not included in the preceding case, after three years from the date of their obtaining their final papers; national or foreign juridical persons and foreign natural persons who at the time this constitution becomes effective, were engaged in retail trade, in accordance with the law; juridical persons formed by panamanians or by foreigners authorized to engage in it individually, in accordance with this article, as well as those who, although not constituted in the manner herein provided, are legally engaged in retail trade at the time this constitution becomes effective. foreigners not authorized to engage in retail trade may not participate in those companies which sell products manufactured by same, as well. retail trade is defined as engaging in sales to the consumer, acting as agent or representative of productive or mercantile concerns, or engaging in any other activities classified by law as pertaining to such trade. there are excepted from this rule cases in which the farmer, or manufacturer in manual industries, sells his/her own products. a system of supervision and sanctions shall be established by law in order to prevent those persons who, pursuant to this article may not engage in retail trade, from doing so through interposed persons or in any fraudulent manner. article 294 as wholesale trade is understood trade which is not covered by the preceding article, and may be engaged in by any person, natural or juridical. when it is necessary to protect wholesale trade operated by panamanians, the exercise of such trade by foreigners may be restricted by law. in no case shall this restriction affect the foreigners who, at the time the pertinent provisions enter into effect, are engaged legally in wholesale trade. article 295 any combinations, contract or action which tends to restrict or prevent free trade and competition, and which has the effect of a monopoly to the detriment of the public, is prohibited in commerce and industry. in this practice is included the operation by a single natural or juridical person of a series or chains of mercantile retail establishments in a manner that ruins or tends to eliminate the competition of small merchants or industrialists. any person may file a public action before the courts in order to oppose any combination, contract or action, the object of which is to establish monopolistic practices. this matter shall be regulated by law. article 296 hunting, fishing and exploitation of forests shall be regulated by law, with special care in protecting and conserving the fauna and flora of the country. article 297 only the state may operate games of luck and chance, and activities that give rise to wagers. all types of games as well as any activities which give rise to wagers whatever the system may be, shall be regulated by law. article 298 the state shall ensure the freedom of economic activity and free competition in the markets. the laws shall establish the modalities and conditions which guarantee these principles. title xi. public employees chapter 1. fundamental provisions article 299 public employees are persons appointed temporarily or permanently to posts in the executive, legislative or judicial branches of government, as well as municipalities, and autonomous or semi-autonomous entities, and in general those who receive remuneration from the state. article 300 public employees shall be of panamanian nationality, without discrimination for reasons of race, sex, religion or political activities. their appointment and removal may not be the absolute and discretional prerogative of any authority, except as provided in this constitution. public employees shall be governed by the merit system; stability in their positions shall depend on their competence, loyalty and morality in service. article 301 students and graduates of educational institutions shall render temporary services to the community before freely practicing their profession or trade under compulsory civil service established by this constitution. the law shall regulate this matter. chapter 2. basic principles of personnel administration article 302 the rights and duties of public employees, as well as the principles governing tenure, promotion, suspension, transfer, dismissal, separation and retirement shall be established by law. appointments of career personnel shall be based on the merit system. public employees are obliged to personally discharge their duties, to which they shall dedicate their maximum capabilities and for which they shall receive a fair remuneration. article 303 public employees may not receive two or more salaries paid by the state, except in special cases determined by law, nor may they hold positions with simultaneous periods of work. the pensions of public servants shall be based on actuarial studies and reasonable budgetary allocations. article 304 the president and the vice-president of the republic, the justices of the supreme court of justice, of the ordinary and specialized courts, the office of the attorney general of the nation and that of the administration, the judges, the ministers of state, the comptroller general of the republic, the president of the national assembly, the justices of the electoral tribunal, the justices of the audit tribunal, the electoral attorney general, the ombudsman, the general directors, managers or heads of autonomous entities, the national and provincial directors of the police services, employees or money handling officers pursuant to the fiscal code, should present at the beginning and at the end of their terms of office a sworn declaration of their assets, which must be made publicly and in writing, within ten working days of the assumption of office and ten working days of leaving office, respectively. the notary-public performs the necessary service without any costs. this provision shall be in force immediately, without prejudice to its further regulation by the law. chapter 3. organization of personnel management article 305 the following public service careers are established in accordance with the merit system: the administrative career; the judicial career; the educational career; the diplomatic and consular career; the career of health science; the police career; the career of cattle and agricultural sciences; the legislative service career; others established by law. the law shall regulate the structure and organization of these careers in accordance with the requirements of the administration. article 306 all official departments shall function on the basis of a manual of procedures and a position classification manual. article 307 the following do not form part of the administration career (civil service): officials whose appointments are regulated by this constitution; general and deputy directors of autonomous or semi-autonomous entities, public officials appointed for a specific time or for fixed periods established by law, and those serving in honorary positions; secretarial staff service personnel immediately attached to public officials who do not form part of any career; public officials with authority and jurisdiction who are not part of a career; professionals, technicians or manual workers required for temporary or special services in the ministries and in autonomous or semi-autonomous institutions; public employees whose positions are regulated by the labor code; chiefs of diplomatic missions as determined by law. chapter 4. general provisions article 308 the provisions contained in articles 205, 208, 210, 211, 212 and 216 herein, shall be applied in accordance with the stipulations set forth in this title. article 309 public employees may not themselves, or through third parties (interposita persona) execute contracts with the department or agency in which they work, when such contracts are for profit and of a character unsuited to the service rendered. title xii. security forces (fuerza pãºblica article 310 the republic of panama shall not have an army. all panamanians are required to take arms to defend the national independence and the territorial integrity of the state. for the preservation of public order, the protection of life, honor and property of those who live under the jurisdiction of the state and for the prevention of punishable acts, the law shall organize the necessary police services, with authority and separate roster. in the face of external aggression and by authority of the law, special police services may be organized temporarily for the protection of the frontiers and jurisdictional spaces of the republic. the president of the republic is the chief of all services established in the present title; and they, as authority agents shall be subordinated to civil power; therefore, they shall obey the orders issued by the national, provincial or municipal authorities in the exercise of their legal functions. article 311 the police services are not deliberative and their members may not make statements or political declarations in an individual or collective manner. neither may they intervene in party political activities, except to cast a vote. violation of the present provision, shall be penalized with immediate removal from office, besides the penalties established by law. article 312 the government alone may possess arms and implements of war. for their manufacture, importation and exportation, previous permission is required from the executive authority. arms which are not considered as arms of war, and their importation, manufacture and use shall be defined and regulated by law. title xiii. constitutional amendment article 313 the initiative to propose constitutional amendments belongs to the national assembly, the cabinet council and the supreme court of justice. such amendments must be approved by one of the following procedures: through a constitutional act, approved in three readings by an absolute majority of the members of the national assembly, which must be published in the official gazette and sent by the executive branch to said assembly within the first five days of ordinary session following the installation of the national assembly elected in the last general elections, so that it can be discussed and approved in its first session without modification, in a single reading and by an absolute majority of all members of the assembly; through a constitutional act, approved in three readings by an absolute majority of the members of the national assembly in one legislature, and approved anew, during the immediately following legislature, in three readings by an absolute majority of the members of the already mentioned assembly. on this occasion the text approved during the previous legislature may be amended. the constitutional act approved in this manner must be published in the official gazette and submitted to the people for direct, popular consultation through a referendum that shall be held on the date designated by the national assembly, within a period not shorter than three months and not longer than six months from the date of the constitutional act's approval by the second legislature. article 314 a new constitution may be adopted by a parallel constituent assembly (asamblea constituyente paralela) which may be convened by decision of the executive branch, ratified by the legislative branch with absolute majority, or by the legislative branch with a favorable vote of two thirds of its members, or by popular initiative which must be signed by at least twenty percent (20%) of citizens enrolled in the electoral register on the thirty-first of december of the year preceding the initiative. in the latter case, the petitioners shall have six months to fulfill the requirement in conformity with the rules issued to this effect by the electoral tribunal. the electoral tribunal is competent to accept the proposed initiative and to schedule the election for the members of the constituent assembly within a period not shorter than three months and not longer than six months since the request has been formalized for the election has been formalized. after the election the parallel constituent assembly shall be formally installed and shall begin its deliberations as of right, as soon as the electoral tribunal has delivered to its members their respective credentials. the parallel constituent assembly shall be composed of sixty members who shall represent the panamanians in all provinces and regions in a proportional manner, in accordance with the voting population; in addition to party nomination, independent candidacies are permitted. for these purposes the electoral tribunal shall establish the electoral system applicable to the election of the constituent assembly's members in its order convening the election. the parallel constituent assembly may reform the current constitution totally or partially but in no case may adopt decisions with retroactive effects or alter the terms of office of elected or appointed officials who are exercising their functions at the moment when the new constitution enters into force. the parallel constituent assembly shall have not less than six months and not more than ninths months in order to complete its work and to deliver the approved text of the new constitution to the electoral tribunal which shall publish it immediately in its bulletin. the new constitutional act which has been approved in this manner shall be submitted to a referendum convened by the electoral tribunal within a period of not less than three months and not more than six months since its publication in the bulletin of the electoral tribunal. the constitutional act approved in accordance with any one of the procedures indicated in this or in the preceding article shall enter into force upon its publication in the official gazette which has to be accomplished by the executive branch within ten working days of its ratification by the national assembly or within thirty days of its approval through referendum, whichever may be the case; however, a publication after the expiration of the delays shall not be a cause of unconstitutionality. title xiv. the panama canal article 315 the panama canal constitutes an inalienable patrimony of the panamanian nation; it shall remain open to peaceful and uninterrupted transit of vessels from all nations and its use shall be subject to requirements, and conditions established by this constitution, the law and its administration. article 316 an autonomous juridical entity under public law is hereby created with the name of the panama canal authority, which shall have the exclusive administration, operation, conservation, maintenance and modernization of the panama canal and its pertinent activities, pursuant to constitutional and legal provisions, in order to operate in a safe, continuous, efficient and profitable manner. it shall have its own patrimony and the right to administer it. it is the responsibility of the panama canal authority the administration, maintenance, use and conservation of the hydric resources of the panama canal watershed, encompassing the water from the lakes and their tributary currents, in coordination with the states' entities established by law. the construction plans, water usage, utilization, expansion, ports' development and of any other work or construction on the riverside of the panama canal shall require the prior approval from the panama canal authority. the panama canal authority shall not be subject to taxes, duties, assessments, charges, contributions or revenues of national or municipal nature, with the exception of the social security quotas, educational insurance, professional risks and the taxes for public services, except as provided in article 321. article 317 the panama canal authority and all those institutions and authorities of the republic linked to the maritime sector shall be part of the national maritime strategy. the executive branch shall submit to the legislative branch the law coordinating all these institutions to promote the social-economical development of the country. article 318 the administration of the panama canal authority shall be in charge of a board of directors constituted of eleven directors appointed as follows: a director appointed by the president of the republic who shall preside [over] the board of directors and shall have the status of states' minister for the canal affairs; a director appointed by the legislative branch, who shall be of its free appointment and removal; new directors appointed by the president of the republic, of common consent of the cabinet council and ratified by the legislative branch, by absolute majority of their members. the law shall establish the requirements to occupy the office of director, ensuring the gradual renewal of the directors established at paragraph 3 of this article, in groups of three and every three years. as of the first renewal, the term of all the directors shall be of nine years. article 319 the board of directors shall have the following faculties and functions, without prejudices of others which the constitution and the law establish: to appoint and remove the administrator and assistant administrator of the canal and determine their functions in accordance with the law; establish tolls, rates and fees for the use of the canal and its related services, subject to the final approval of the cabinet council; to contract loans, prior approval of the cabinet council and within the limits established by law; to grant concessions for the rendering of services to the panama canal authority and to the transiting vessels; to propose the limits of the hydrographical watershed of the canal for the approval of the cabinet council and the legislature; to approve privately the regulations elaborating the general rules enacted by the legislative branch at proposal from the executive branch on the contracting regime, purchases and all the subjects necessary for the proper operation, maintenance, conservation and modernization of the canal, within the national maritime strategy; to exercise all those established by this constitution and the law. article 320 the panama canal authority shall adopt a planning and triennial financial administration system whereby it shall approve, by means of motivated resolution, its annual budget bill which shall not be part of the general state's budget. the panama canal authority shall submit the bill of the budget to the cabinet council, which in turn, shall submit it to the consideration of the legislative branch for its examination, approval or rejection, in accordance with the procedure contained in chapter 2, title ix of this constitution. in the budget the contributions the social security and the payments of rates for public services rendered shall be established as well as the transfer of economic surpluses to the national treasury, once the costs of operation, investment, operation, maintenance, modernization, broadening of the canal have been covered and the necessary reserves for contingencies provided by the law and its administration. the execution of the budget shall be in charge of the administrator of the canal and shall be supervised by the board of directors or whoever it designates by it and only by means of subsequent control from the general comptroller's office of the republic. article 321 the panama canal authority shall pay, annually, the national treasury fees per net tonnage of the panama canal or its equivalent, collected to vessels subject to the payment of tolls transiting through the panama canal. these fees shall be established by the panama canal authority and shall not be inferior to those which the republic of panama should receive for equal concept of the 31st of december, 1999. because of its transit through the panama canal, the vessels, their cargo or passengers, owners, shipbuilders or their operation, as well as the panama canal authority shall not be subject to any other national or municipal encumbrance. article 322 the panama canal authority shall be subject to a special labor regime based on a merit system and shall adopt a general employment plan which shall keep as minimum, the conditions and labor rights similar to those existing at the 31st of december 1999. the permanent workmen, and those which have to be covered by a special retirement during that year and whose positions are established as necessary pursuant to applicable rules, shall be guaranteed the contracting with benefits and conditions similar to those corresponding up to that date. the panama canal authority shall contract, preferentially, panamanian citizens. the [corresponding] organic law shall regulate the employment of foreign workers in such a manner as to ensure that the working conditions or the livelihood of the panamanian employees are not impaired. taking into consideration the essential international public service rendered by the canal, its operation shall not be interrupted for any reason. labor controversies between the workers of the panama canal and its administration shall be resolved between the workers or the syndicates and the administration, following the procedures of settlement established in the law. arbitration shall constitute the last administrative instance. article 323 the regime contained in this title may only be developed by laws establishing general norms. the panama canal authority may regulate these subjects and will provide copy of all the regulations issued in the exercise of this faculty to the legislative branch in a term no later than fifteen calendar days. title xv. final and transitory provisions chapter 1. final provisions article 324 this constitution shall enter into force starting from october 11, 1972. article 325 treaties or international agreements that may be concluded by the executive branch with respect to the panama canal, its adjacent area and the protection of said canal, as well as the construction of a sea-level canal or of a third set of locks, shall be approved by the legislative branch, and after being approved shall be submitted to a national referendum, to be held not earlier than three months from the approval by the assembly. no amendment, reservation, or understanding that refers to such treaties on agreements shall be valid if it does not comply with the requirements dealt with in the previous paragraph. this provision shall apply also to any proposal for the construction of third set of locks or of a canal at sea level on the existing route which the canal authority may propose to realize, either by administrative means or by contracts concluded with any private firm or firms or with firms owned by one or several other states. in these cases the construction proposal, which has to be approved previously by the executive branch and be submitted to the legislative branch for approval or rejection, shall be submitted to referendum. any project concerning the construction of a new canal shall also be submitted to referendum. article 326 all laws and other legal provisions contrary to this constitution are repealed, except those pertaining to parental authority and support, the contrary parts of which shall continue in force for a period not exceeding twelve months from the date this constitution enters into effect. chapter 2. transitory provisions article 327 the following transitory provisions are adopted with regard to the amendments introduced by the legislative act of 2004: as a general rule, the provisions of this constitutional reform are immediately in force upon their promulgation, except in the following cases: when a temporary provision indicates a different date for its coming into force. when specific titles or articles of the 1972 constitution, which will be replaced or amended, remain in force temporarily; the changes related to the beginning and the end of ordinary parliamentary terms shall enter into force on july 1, 2009; the justices of the electoral tribunal who are selected at the end of the term of the current justices shall be designated in the following manner: for a term of six years in the case of the justice designated by the judicial branch; for a term of eight years, in the case of the justice designated by the executive branch; and for a term of ten years in the case of the justice designated by the legislative branch, so as to establish the system of subsequent appointments of the justices of the electoral tribunal; as long as the law which regulates the audit tribunal is not adopted and enters into force, all existing norms and procedures relating to jurisdiction in accounting matters shall remain in force. once the audit tribunal assumes its functions, all proceedings which are pending in the financial liabilities department of the office of comptroller general shall be transferred to said tribunal. in order to ensure subsequent appointment, the first justices on the audit tribunal shall be appointed in the following manner: for a period of six years in the case of the justice designated by the judicial branch; for a term of eight years, in the case of the justice designated by the executive branch; and for a term of ten years in the case of the justice designated by the legislative branch; the popularly elected officials for the term 20004-2009 complete their term on june 30, 2009; the legislative branch shall appoint a technical committee (comisiã³n de estilo) in order to place the articles of the constitution, together with their amendments, in a numerical order which ensures the correspondence of this numerical order with the numbers of the articles to which the constitutional norms refer; this legislative act of 2004 shall enter into force upon publication in the official gazette which must be accomplished by the executive branch within ten working days following its ratification by the national assembly; the elimination of elective functions referred to in this constitutional reform shall become effective with the general elections of 2009; the public officials whose appointments are considered in this constitution and who are discharging their functions at the time of entry into force of these reforms shall continue in office until the term for which they have been appointed expires. article 328 in the matters not incongruent with the provisions contained in the constitution, the panama canal authority shall incorporate to its organization the administrative and operational structure existing at the panama canal commission at december 31, 1999, including its departments, offices, positions, rules in force, regulations and collective (labor) agreements in force, until these are amended pursuant to the law. preamble we, the people of angola, through its lawful representatives, the legislators of the nation, freely elected in the parliamentary elections of september 2008; aware that these elections are part of the long tradition of the struggle of the angolan people to achieve their citizenship and independence, proclaimed on 11 november 1975, the date on which the first constitutional law in the history of angola came into force, and courageously preserved through collective sacrifice in the defence of national sovereignty and the territorial integrity of the country; having received, by the said popular vote and under the provision contained in article 158 of the constitutional law of 1992, the noble and irrefusable mandate to proceed with the drawing up and approval of the constitution of the republic of angola; conscious of the immense importance and great value invested in the creation and adoption of the first and fundamental law of the state and of angolan society; noting that the constitution of the republic of angola is linked to, and a direct part of, the long and enduring struggle of the angolan people, first to resist colonial occupation, then to achieve the independence and the dignity of a sovereign state, and later to build a democratic state based on the rule of law and a just society in angola; invoking the memory of our ancestors and calling upon the wisdom of the lessons of our shared history, our centuries-old roots and the cultures that have enriched our unity; inspired by the best lessons in african tradition the essence of angolan culture and identity; armed with a culture of tolerance and profoundly committed to reconciliation, equality, justice and development; having decided to build a society based on equal opportunities, commitment, fraternity and unity in diversity; determined to build together a just and progressive society that respects life, equality, diversity and human dignity; remembering that the present constitution represents the culmination of the constitutional transition initiated in 1991, following the passing of law no. 12/91 by the assembly of the people, enshrining multi-party democracy, guarantees of the fundamental rights and freedoms of citizens and a market economy, changes extended later by constitutional revision law no 23/92; reaffirming our commitment to the values and fundamental principles of the independence, sovereignty and the unity of a democratic state based on the rule of law, pluralism of political expression and organisation, the separation and balance between the powers of bodies that exercise sovereign power, the market economy and respect and guarantees for fundamental human rights and freedoms, which constitute the essential pillars supporting and structuring this constitution; aware that a constitution such as this, due to its shared values, principles and norms, is an important factor in national unity and a powerful driving force for the development of the state and society; solemnly striving to strictly fulfil and respect this constitution and hoping that this may serve as a model for the behaviour of citizens, political forces and the whole of angolan society; invoking and paying homage to the memory of all our heroes and each and every angola man and woman who lost their lives in the defence of the fatherland; faithful to the deepest wishes of the angolan people for stability, dignity, liberty, development and the building of a modern, prosperous, inclusive, democratic and just country; committed to providing a legacy for future generations and to the exercise of our sovereignty; we hereby pass this constitution as the supreme and fundamental law of the republic of angola. title i. fundamental principles article 1. (the republic of angola) angola shall be a sovereign and independent republic, based on the dignity of the individual and the will of the angolan people, whose primary objective shall be to build a free, just, democratic, solidary society of peace, equality and social progress. article 2. (democratic state based on the rule of law) the republic of angola shall be a democratic state based on the rule of law and on the sovereignty of the people, the primacy of the constitution and the law, the separation of powers and the interdependence of functions, national unity, pluralism of political expression and organisation, and representative and participatory democracy. the republic of angola shall promote and defend the basic human rights and freedoms of individuals and members of organised social groups and shall ensure respect for them and guarantee their implementation through the legislative, executive and judicial powers, their organs and institutions, and on the part of all individuals and corporate bodies. article 3. (sovereignty) single and indivisible sovereignty shall lie with the people, who shall exercise it through universal, free, equal, direct, secret and periodic suffrage in the various forms established in the constitution, namely in order to choose their representatives. the state shall exercise its sovereignty over all angolan territory which, under the terms of this constitution, the law and international law, includes its land, interior and territorial waters, air space, soil and sub-soil, seafloor and associated sea beds. the state shall exercise jurisdiction and rights of sovereignty over the conservation, development and use of natural, biological and non-biological resources in the contiguous zone, the exclusive economic area and on the continental shelf, under the terms of the law and international law. article 4. (exercise of political power) political power shall be exercised by whoever legally obtains it through free democratic elections, under the terms of the constitution and the law. the appropriation and exercise of political power by violent means or by any other means not stipulated in, or conforming to, the constitution shall be illegal and punishable as a crime. article 5. (territorial organisation) the territory of the republic of angola shall be as historically defined by the geographical borders of angola on 11 november 1975, the date of national independence. the provision contained in the previous point shall not compromise any additions that have been, or may come to be, established through international treaties. for political and administrative purposes the republic of angola shall be organised territorially into provinces and, subsequently, municipalities. it may additionally be structured into communes and equivalent territorial divisions, under the terms of the constitution and the law. the definition of the limits and characteristics of territorial scales and their creation, modification or abolition within the context of political and administrative organisation, in addition to the organisation of territory for special purposes such as economic, military, statistical, ecological or similar purposes, shall be established by law. the law shall establish the structure, designation and development of urban units and agglomerations. angolan territory shall be indivisible, inviolable and inalienable, and any action involving the breaking up or separation of its component parts shall be energetically resisted. no part of national territory or the rights of sovereignty which the state exerts over it may be transferred. article 6. (supremacy of the constitution and legality) the constitution shall be the supreme law of the republic of angola. the state shall be subject to the constitution and shall be based on the rule of law, respecting the law and ensuring that the law is respected. laws, treaties and other acts of the state, local government bodies and public bodies in general shall only be valid if they conform to the constitution. article 7. (custom) the validity and legal force of custom which does not contradict the constitution and does not threaten human dignity shall be recognised. article 8. (unitary state) the republic of angola shall be a unitary state whose organisation shall respect the principles of the autonomy of the local organs of power and administrative devolution and decentralisation, under the terms of the constitution and the law. article 9. (nationality) angolan nationality may be held by origin or acquired. the child of a father or mother with angolan nationality, born in angola or abroad, shall be an angolan citizen by origin. a newborn child found in angolan territory shall be presumed an angolan citizen by origin. no angolan citizen by origin may be deprived of their original nationality. the requirements for the acquisition, loss or re-acquisition of angolan nationality shall be established by law. article 10. (secular state) the republic of angola shall be a secular state and there shall be separation between state and church, under the terms of the law. the state shall recognise and respect the different religious faiths, which shall be free to organise and exercise their activities, provided that they abide by the constitution and the laws of the republic of angola. the state shall protect churches and faiths and their places and objects of worship, provided that they do not threaten the constitution and public order and abide by the constitution and the law. article 11. (peace and national security) the republic of angola shall be a nation dedicated to peace and progress and it shall be the duty of the state and the right and responsibility of all to guarantee peace and national security, respecting the constitution and the law, in addition to international conventions. peace shall be based on the supremacy of the rule of law and legislation, with a view to ensuring the necessary conditions required for the stability and development of the country. national security shall be based on the supremacy of the rule of law and legislation, development of the national security system and the strengthening of national will and shall guarantee to safeguard the state and ensure stability and development in the face of any threats or risks. article 12. (international relations) the republic of angola shall respect and implement the principles of the united nations charter and the charter of the organisation of african unity and shall establish friendly and cooperative relations with all states and peoples on the basis of the following principles: respect for sovereignty and national independence; equality amongst states; the rights of peoples to self-determination and independence; peaceful solutions to conflicts; respect for human rights; non-interference in the affairs of other states; reciprocal advantages; repudiating and combating terrorism, drugs trafficking, racism, corruption and people and human organ trafficking; cooperation with all peoples for peace, justice and progress. the republic of angola shall defend the abolition of all forms of colonialism, aggression, oppression, domination and exploitation in relations between peoples. the republic of angola shall strive to reinforce african identity and strengthen the work of the african states in enhancing the cultural heritage of the african peoples. the angolan state shall not permit foreign military bases to be established in its territory, notwithstanding its involvement, within the context of regional or international organisations, in peace-keeping forces and military cooperation and collective security systems. article 13. (international law) general or common international law received under the terms of this constitution shall form an integral part of the angolan legal system. duly approved or ratified international treaties and agreements shall come into force in the angolan legal system after they have been officially published and have entered into force in the international legal system, for as long as they are internationally binding upon the angolan state. article 14. (private property and free initiative) the state shall respect and protect the private property of individuals and corporate bodies and free economic and entrepreneurial initiatives exercised within the terms of the constitution and the law. article 15. (land) land, which is by origin the property of the state, may be transferred to individuals or corporate bodies, with a view to its rational and full use, under the terms of the constitution and the law. access to and use of land by local communities shall be recognised by law. the provisions contained in the previous points do not compromise the possibility of expropriation for public use, with just compensation, under the terms of the law. article 16. (natural resources) the solid, liquid and gaseous natural resources existing in the soil and subsoil, in territorial waters, in the exclusive economic zone and in the continental shelf under the jurisdiction of angola shall be the property of the state, which shall determine the conditions for concessions, surveys and exploitation, under the terms of the constitution, the law and international law. article 17. (political parties) within the framework of the constitution and the law, political parties shall compete on the basis of a project for society and a political programme for the organisation and expression of the will of citizens, participating in political life and universal suffrage by democratic and peaceful means and respecting the principles of national independence, national unity and political democracy. the constitution and functioning of political parties must, in accordance with law, respect the following fundamental principles: national character and scope; free constitution; the public pursuance of aims; freedom of affiliation and single affiliation; the use of peaceful means only to pursue aims and a ban on the creation or use of military, paramilitary or militarised organisations; democratic organization and functioning; minimum representation, as established by law; a ban on receiving monetary and economic contributions from foreign governments and government institutions; the rendering of accounts for the use of public funds. through their objectives, programmes and activities, political parties must contribute towards: the consolidation of the angolan nation and national independence; safeguarding territorial integrity; reinforcing national unity; the defence of national sovereignty and democracy; the protection of fundamental freedoms and human rights; the defence of the republican nature of the government and the secular nature of the state. political parties shall be entitled to equal treatment by entities exercising political power, impartial treatment by the state press and the right to exercise democratic opposition, under the terms of the constitution and the law. article 18. (national symbols) the national symbols of the republic of angola shall be the national flag, the national insignia and the national anthem. the national flag, national insignia and national anthem, symbols of national sovereignty and independence and of the unity and integrity of the republic of angola, are those adopted at the time of the proclamation of national independence on 11 november 1975 and are as described in annexes i, ii and iii of this constitution. the technical specifications and provisions concerning deference and the use of the national flag, national insignia and national anthem shall be established by law. article 19. (languages) the official language of the republic of angola is portuguese. the state shall value and promote the study, teaching and use of other angolan languages, in addition to the main international languages of communication. article 20. (capital of the republic of angola) the capital of the republic of angola is luanda. article 21. (fundamental tasks of the state) the fundamental tasks of the angolan state shall be: to guarantee national independence, territorial integrity and national sovereignty; to ensure fundamental rights, freedoms and guarantees; to gradually create the necessary conditions required to effectively implement the economic, social and cultural rights of citizens; to promote the well-being, social solidarity and improved quality of life for the people of angola, specifically amongst the most deprived groups of the population; to promote the eradication of poverty; to promote policies that will make primary health care universal and free; to promote policies that will ensure universal access to compulsory free education under the terms defined by law; to promote equal rights and opportunities between angolans, regardless of origins, race, party affiliations, sex, colour, age or any other form of discrimination; to make strategic, large-scale, permanent investments in human capital, with particular emphasis on the full development of children and young people, as well as in education, health care, the primary and secondary economy and other sectors that structure self-sustainable development; to ensure peace and national security; to promote equality between men and women; to defend democracy and ensure and foster the democratic participation of citizens and civil society in the resolution of national problems; to promote harmonious and sustainable development throughout national territory, protecting the environment, natural resources and the historic, cultural and artistic heritage of the nation; to protect, value and dignify angolan languages of african origin, as part of the cultural heritage, and to promote their development, as living languages which reflect national identity; to promote sustained improvements to angolan human development indexes; to promote excellence, quality, innovation, entrepreneurialism, efficiency and modernity in the performance of citizens, institutions, companies and services in various aspects of their lives and in the various sectors of activity; other tasks as prescribed in the constitution and by law. title ii. fundamental rights and duties chapter i. general principles article 22. (principle of universality) everyone shall enjoy the rights, freedoms and guarantees enshrined in the constitution and shall be subject to the duties established in the constitution and the law. angolan citizens residing or finding themselves abroad shall enjoy the rights, freedoms and guarantees and the protection of the state and shall be subject to the duties established in the constitution and the law. everyone shall have duties with regard to the family, society, the state and other legally recognised institutions, in particular: to respect the rights, freedoms and property of others, morals, acceptable behaviour and the common good; to respect and be considerate of others without discrimination of any kind and to maintain relations that promote, safeguard and reinforce mutual respect and tolerance. article 23. (principle of equality) everyone shall be equal under the constitution and by law. no-one may be discriminated against, privileged, deprived of any right or exempted from any duty on the basis of ancestry, sex, race, ethnicity, colour, disability, language, place of birth, religion, political, ideological or philosophical beliefs, level of education or economic, social or professional status. article 24. (age of majority) the age of majority shall be 18. article 25. (foreigners and stateless persons) foreigners and stateless persons shall enjoy fundamental rights, freedoms and guarantees and the protection of the state. the following are forbidden to foreigners and stateless persons: holding office in bodies that exercise sovereign power; electoral rights, under the terms of the law; founding or serving in political parties; entitlements to participation in politics, as stipulated by law; access to a diplomatic career; entry into the armed forces, the national police force and the intelligence and security organisations; direct state administrative functions, under the terms of the law; any other rights and duties reserved exclusively for angolan citizens under the constitution and the law. rights not conferred on foreigners may be granted to citizens of regional or cultural communities to which angola may belong or be associated with, through international conventions and on the basis of reciprocity, with the exception of the right to vote and stand for election to bodies that exercise sovereign power. article 26. (scope of fundamental rights) the fundamental rights established in this constitution shall not exclude others contained in the laws and applicable rules of international law. constitutional and legal precepts relating to fundamental rights must be interpreted and incorporated in accordance with the universal declaration of the rights of man, the african charter on the rights of man and peoples and international treaties on the subject ratified by the republic of angola. in any consideration by the angolan courts of disputes concerning fundamental rights , the international instruments referred to in the previous point shall be applied, even if not invoked by the parties concerned. article 27. (rules governing rights, freedoms and guarantees) the principles set out in this chapter shall apply to the rights, freedoms and guarantees and to fundamental rights of a similar nature that are established in the constitution or are enshrined in law or international conventions. article 28. (legal force) the constitutional principles regarding fundamental rights, freedoms and guarantees are directly applicable to, and binding upon, all public and private entities. the state must adopt legislative initiatives and other appropriate measures to ensure the gradual and effective realisation of economic, social and cultural rights, in accordance with the available resources. article 29. (access to law and effective judicial protection) everyone shall be ensured access to the law and the courts in order to defend their legally protected rights and interests, and justice shall not be denied to anyone due to a lack of financial means. under the terms of the law, everyone shall possess the right to legal information and advice, to legal counsel and to be accompanied by a lawyer before any authority. the law shall define and ensure adequate protection for the secrecy of legal proceedings. everyone shall have the right to secure a ruling in any suit to which he is a party within a reasonable period of time and by means of a fair process. for the purpose of safeguarding personal rights, freedoms and guarantees, the law shall ensure citizens judicial proceedings that are characterised by swiftness and given priority, in order to secure effective and timely judicial protection against any threats or violations of these rights. chapter ii. fundamental rights, freedoms and guarantees section i. individual and collective rights and freedoms article 30. (right to life) the state shall respect and protect human life, which is inviolable. article 31. (right to personal integrity) the moral, intellectual and physical integrity of individuals shall be inviolable. the state shall respect and protect the human person and human dignity. article 32. (right to identity and privacy) the right to personal identity, civil capacity, nationality, a good name and reputation, likeness, free speech, and privacy in personal and family life shall be recognised for all. the law shall establish effective guarantees against the procurement and use of information relating to individuals and families in a manner which is abusive or offends against human dignity. article 33. (inviolability of the home) the home shall be inviolable. no-one may enter or carry out a search or seizure in the home of any individual without their consent, except in situations prescribed under the constitution and in law and when provided with a warrant from the appropriate authority issued for legally prescribed cases in the legally prescribed manner, in the case of flagrante delito or in emergency situations in order to provide assistance. the law shall establish the cases in which the appropriate authority may order the entry, search and seizure of property, documents or other objects in the home. article 34. (inviolability of correspondence and communications) the secrecy of correspondence and other means of private communication, namely postal, telegraphic, telephone and telematic communications, shall be inviolable. interference by the public authorities in private correspondence and other means of private communication shall only be permitted by means of a ruling by the appropriate judicial authority under the terms of the law. article 35. (family, marriage and filiation) the family is the basic nucleus of social organisation and shall be the object of special protection by the state, whether based on marriage or on a defacto union between a man and a woman. everyone shall have the right to freely found a family under the terms of the constitution and the law. men and women shall be equal within the family, in society and before the state, enjoying the same rights and being responsible for the same duties. the law shall regulate the requirements for, and the effects of, marriage and defacto union, as well their dissolution. children shall be equal before the law and any discrimination or the use of any discriminatory nomenclature with regard to filiation shall be prohibited. it shall be an absolute priority of the family, the state and society to protect the rights of the child, namely their full and balanced upbringing, health care, education and living conditions . the state, in collaboration with the family and society, shall promote the full and balanced development of young people and adolescents, and the creation of conditions for the fulfilment of their political, economic, social and cultural rights and shall foster youth organizations established for economic, cultural, artistic, recreational, sporting, environmental, scientific, educational, patriotic and international youth exchange purposes. article 36. (right to physical freedom and personal security) everyone shall have the right to physical freedom and individual security. no-one may be deprived of their freedom, except in cases prescribed by the constitution and the law. the right to physical freedom and individual security shall also involve: the right not to be subjected to any form of violence by public or private entities; the right not to be tortured or treated or punished in a cruel, inhumane or degrading manner; the right to fully enjoy physical and mental integrity; the right to protection and control over one's own body; the right not to be submitted to medical or scientific experiments without prior informed and duly justified consent. article 37. (right to property, requisitions and expropriations) everyone shall be guaranteed the right to private property and to its transmission, under the terms of the constitution and the law. the state shall respect and protect the property and any other rights in rem of private individuals, corporate bodies and local communities, and temporary civil requisition and expropriation for public use shall only be permitted upon prompt payment of just compensation under the terms of the constitution and the law. the payment of the compensation referred to in the previous point shall be a condition of expropriation. article 38. (right to free economic initiative) private enterprise shall be freely undertaken and exercised with respect for the constitution and the law. everyone shall have the right to engage in free business and cooperative initiatives, to be exercised under the terms of the law. the law shall promote, regulate and protect the economic activities and investments of private, national or foreign individuals and corporate bodies in order to guarantee their contribution to the development of the country, defending the economic and technological emancipation of the angolan people and the interests of workers. article 39. (environmental rights) everyone has the right to live in a healthy and unpolluted environment and the duty to defend and preserve it. the state shall take the requisite measures to protect the environment and species of flora and fauna throughout national territory, maintain the ecological balance, ensure the correct location of economic activities and the rational development and use of all natural resources, within the context of sustainable development, respect for the rights of future generations and the preservation of species. acts that endanger or damage conservation of the environment shall be punishable by law. article 40. (freedom of expression and information) everyone shall have the right to freely express, publicise and share their ideas and opinions through words, images or any other medium, as well as the right and the freedom to inform others, to inform themselves and to be informed, without hindrance or discrimination. the exercise of the rights and freedoms described in the previous point may not be obstructed or limited by any type or form of censorship. freedom of expression and information shall be restricted by the rights enjoyed by all to their good name, honour, reputation and likeness, the privacy of personal and family life, the protection afforded to children and young people, state secrecy, legal secrecy, professional secrecy and any other guarantees of these rights, under the terms regulated by law. anyone committing an infraction during the course of exercising freedom of expression and information shall be held liable for their actions, in disciplinary, civil and criminal terms, under the terms of the law. under the terms of the law, every individual and corporate body shall be assured the equal and effective right of reply, the right to make corrections, and the right to compensation for damages suffered. article 41. (freedom of conscience, religion and worship) freedom of conscience, religion and worship shall be inviolable. no-one shall be deprived of their rights, persecuted or exempted from obligations due to their religious beliefs or philosophical or political convictions. under the terms of the law, the right to be a conscientious objector shall be guaranteed. no authority shall question anyone with regard to their convictions or religious practices, except in order to gather statistical data that cannot be individually identified. article 42. (intellectual property) intellectual, artistic, political, scientific and communications activities shall be freely expressed, independently of any censorship or licence. authors shall have the exclusive right to use, publish and reproduce their work, which can be transmitted to their heirs for the period of time established by law. under the terms of the law the following shall be ensured: protection for individual involvement in collective work and in the reproduction of the human image and voice, including cultural, educational, political and sporting activities; the right of creators, performers and the respective trade union and supervisory associations to benefit financially from works they have created or taken part in. the law shall ensure the authors of industrial inventions, patents for inventions and technological process the temporary privilege of using them, in addition to ensuring protection for industrial creations, ownership of brands, company names and other distinctive trademarks, with a view to the interests of society and the technological and economic development of the country. article 43. (freedom of cultural and scientific creation) intellectual, artistic and scientific creation shall not be restricted. the freedom referred to in the previous point shall comprise the right to invent, produce and publicise scientific, literary and artistic works and shall include the protection of copyright by law. article 44. (freedom of the press) freedom of the press shall be guaranteed, and may not be subject to prior censorship, namely of a political, ideological or artistic nature. the state shall ensure plural expression, imposing different ownerships and editorial diversity in the media. the state shall ensure the existence and the independent and qualitatively competitive functioning of a public radio and television service. the law shall establish the forms by which freedom of the press shall be exercised. article 45. (right to broadcasting time, right of reply and of political response) during general and local elections and referendums, candidates shall have the right to broadcasting time on state radio and television stations in accordance with the scope of the election or referendum, under the terms of the constitution and the law. political parties with seats in the national assembly have the right of reply and political response to statements by the executive, under the terms regulated by law. article 46. (freedom of residence, movement and emigration) any citizen legally residing in angola may freely establish their residence, move and settle anywhere in national territory, except in cases prescribed in the constitution and when the law establishes restrictions, namely regarding entry and residence, protection of the environment or vital national interests. every citizen shall be free to emigrate and leave national territory and to return to it, without prejudice to any restrictions arising out of the fulfillment of legally established duties. article 47. (freedom to meet and demonstrate) freedom of assembly and peaceful, unarmed demonstration shall be guaranteed to all citizens, without the need for any authorisation and under the terms of the law. the appropriate authorities must be given advance notification of meetings and demonstrations held in public places, under the terms and for the purposes established in law. article 48. (freedom of association) all citizens shall have the right to freely associate with one another without requiring any administrative authorisation, on condition that such associations are organised on the basis of democratic principles, under the terms of the law. associations shall pursue their purposes freely and without interference from the public authorities and may not be dissolved or have their activities suspended, except in cases prescribed by law no-one shall be obliged to belong to an association, or be coerced by any means to remain a member of one. any associations or groupings whose purposes or activities are contrary to the constitutional order, or which incite and practice violence, promote tribalism, racism, dictatorship, fascism or xenophobia, in addition to any military, militarised or paramilitary-type associations, shall be prohibited. article 49. (freedom of professional and business association) all members of the liberal or independent professions and, in general, all self-employed workers shall be guaranteed freedom of professional association in order to defend their rights and interests and to regulate the ethics of each profession. associations for members of the liberal or independent professions shall be governed by the principles of democratic organisation and functioning and independence from the state, under the terms of the law. the ethical standards of the professional associations may not contradict the constitutional order, fundamental human rights or the law. article 50. (trade union freedoms) it shall be recognised that all workers have the freedom to create trade union organisations to defend their collective and individual interests. it shall be recognised that trade union associations have the right to defend the rights and interests of workers and to exercise the right to social dialogue, which must duly take into account the fundamental human rights of individuals and communities and the actual capacity of the economy, under the terms of the law. the law shall regulate the founding, affiliation, federation, organisation and closure of trade union associations and shall guarantee their autonomy and independence from employers and the state. article 51. (right to strike and prohibition of lock-outs) workers shall have the right to strike. lock-outs shall be prohibited and employers may not bring a company totally or partially to standstill by forbidding workers access to workplaces or similar as a means of influencing the outcome of labour conflicts. the law shall regulate the exercise of the right to strike and shall establish limitations on the services and activities considered essential and urgent in terms of meeting vital social needs. article 52. (participation in public life) every citizen shall have the right to take part in political life and the direction of public affairs, either directly or via freely elected representatives, and to be informed of the actions of the state and the management of public affairs, under the terms of the constitution and by law. it shall be the duty of every citizen to comply with and respect the law and obey the orders of the legitimate authorities issued under the terms of the constitution and the law, respecting fundamental rights, freedoms and guarantees. article 53. (standing for public office) every citizen shall have the free and equal right to stand for public office, under the terms of the constitution and the law. no-one shall be prejudiced in terms of their appointment, job or professional career, or the social benefits to which they are entitled, due to the exercise of political rights or the holding of public office, under the terms of the constitution and by law. in governing the right to stand for elected office, the law shall only determine the ineligibilities required to guarantee electors freedom of choice and ensure independence and lack of bias in the exercise of the offices in question. article 54. (right to vote) every citizen who has attained the age of eighteen years shall have the right to vote and stand for election for any state or local authority body and to serve their terms of office or mandates, under the terms of the constitution and the law. the right to vote may not be restricted except with regard to the incapacities and ineligibilities prescribed in the constitution. the exercise of the right to vote shall be personal and non-transferable and shall be a civic duty. article 55. (freedom to form political associations and political parties) there shall be freedom to create political associations and political parties, under the terms of the constitution and the law. every citizen shall have the right to participate in political associations and political parties, under the terms of the constitution and the law. section ii. guarantee of fundamental rights and freedoms article 56. (general guarantee of the state) the state shall recognise as inviolable the fundamental rights and freedoms enshrined in the constitution and shall create the political, economic, social and cultural conditions and conditions of peace and stability that guarantee their effective realisation and protection, under the terms of the constitution and the law. it shall be the duty of all public authorities to respect and guarantee the free exercise of fundamental rights and freedoms and the fulfilment of constitutional and legal duties. article 57. (restriction of rights, freedoms and guarantees) the law may only restrict rights, freedoms and guarantees in cases expressly prescribed in the constitution and these restrictions must be limited to what is necessary, proportional and reasonable in a free and democratic society in order to safeguard other constitutionally protected rights and interests. laws restricting rights, freedoms and guarantees must be of a general and abstract nature and may not have a retroactive effect nor reduce the extent or scope of the essential content of constitutional precepts. article 58. (limitation or suspension of rights, freedoms and guarantees) the exercise of the rights, freedoms and guarantees of citizens may only be limited or suspended in the event of a state of war, siege or emergency, under the terms of the constitution and the law. a state of war, siege or emergency may only be declared in part or all of national territory in cases of actual or imminent aggression by foreign forces, serious threat to, or disturbance of, the constitutional democratic order, or public disaster. the decision to opt for a state of war, siege or emergency, in addition to its declaration and implementation must always be limited to the necessary and appropriate actions required to maintain public order and protect general interests, observing the principle of proportionality and being limited, particularly with regard to extent and duration and the means employed, to that which is strictly necessary to promptly restore constitutional normality. the declaration of a state of war, siege or emergency shall confer on the public authorities the power and responsibility to take the appropriate steps needed to restore constitutional normality. under no circumstances may the declaration of a state of war, siege or emergency effect: the application of constitutional rules concerning the responsibilities and functioning of the bodies that exercise sovereign power; the rights and immunities of the members of bodies that exercise sovereign power; the right to life, personal integrity and personal identity; civil capacity and citizenship; the non-retroactive nature of criminal law; the right to a defence; freedom of conscience and religion. special law shall regulate the state of war, siege or emergency. article 59. (ban on the death penalty) the death penalty shall be prohibited. article 60. (ban on torture and degrading treatment) no-one shall be subjected to torture, forced labour or cruel, degrading or inhuman treatment. article 61. (repugnant and violent crimes) the following shall be imprescriptible and ineligible for amnesty or provisional release, through the application of coercive measures: genocide and crimes against humanity, as stipulated in law; crimes stipulated as such in law. article 62. (irreversibility of amnesty) the legal effects of amnesties implemented under the terms of the appropriate law shall be considered valid and irreversible. article 63. (rights of those detained and imprisoned) any person deprived of their liberty must be informed at the time of their imprisonment or detention of the respective reasons and their rights, namely: to be shown the warrant for their imprisonment or detention issued by the appropriate authority, under the terms of the law; to be informed of the place where they will be taken; to have their family and lawyer informed of their imprisonment or detention and the place where they will be taken; to choose a lawyer or counsel whom they trust to accompany police and legal inquiries; to consult a lawyer before making a statement; to remain silent and not make a statement or to do so only in the presence of a lawyer of their choice; not to make confessions and statements that incriminate them; to be brought before an appropriate magistrate for confirmation or otherwise of their imprisonment and to be tried within the legally established limit of time or released; to communicate in a language they understand or through an interpreter. article 64. (deprivation of freedom) deprivation of freedom shall only be permitted in cases and under the conditions determined by law. the police or any other entity may only detain or make an arrest in cases prescribed in the constitution and in law, in flagrante delito or when in possession of a warrant issued by the appropriate authority. article 65. (application of criminal law) criminal liability shall be personal and non-transferable. no-one shall be sentenced under criminal law unless the act or omission in question is punishable under the terms of a pre-existing law, nor shall any person be the object of a security measure unless the prerequisites are laid down in a pre-existing law. no sentence or security measure shall be applied unless it is expressly sanctioned in a pre-existing law. no-one shall be the object of a sentence or security measure that is more severe than those provided for at the moment of the conduct in question or verification of the respective prerequisites, and criminal laws with a content more favourable to the defendant shall be applied retroactively. no-one shall be tried more than once for the same matter. citizens who are unjustly convicted shall have the right to have their sentences reviewed and to receive compensation for any damages they have suffered, as prescribed by law. article 66. (limits on sentences and security measures) no sentence or security measure that deprives or restricts freedom shall be perpetual in nature or of an unlimited or undefined duration. convicted persons who are the object of a sentence or security measure that deprives them of their freedom shall retain their fundamental rights, subject only to the limitations inherent to their convictions and to the specific requirements imposed by the execution of the respective sentences. article 67. (guarantees in criminal proceedings) no-one may be detained, imprisoned or brought to trial unless under the terms of the law, and all defendants or prisoners shall be guaranteed the right to a defence, appeal and legal counsel. all citizens shall be presumed innocent until their sentence has become res judicata. the defendant shall have the right to choose a lawyer or counsel and to be assisted by them throughout the legal proceedings, and the cases and phases in which legal assistance is obligatory shall be specified by law. defendants and prisoners shall have the right to receive visits from their lawyer, family, friends and religious counsellor and to correspond with them, without prejudice to the provisions contained in article 63(e) and article 194(3). defendants or prisoners who are unable to appoint a lawyer for financial reasons must, under the terms of the law, be ensured adequate legal aid. any individual who is sentenced shall have the right to lodge an appeal or extraordinary review procedure with the appropriate court against their penal sentence, under the terms of the law. article 68. (habeas corpus) everyone shall have the right to apply for a writ of habeas corpus against the misuse of power in the form of illegal imprisonment or detention, to be lodged with the appropriate court. application for a writ of habeas corpus may be made by the individual concerned or any individual exercising their political rights. the process of habeas corpus shall be regulated by law. article 69. (habeas data) everyone shall have to right to apply for a writ of habeas data to ensure that they are informed of any information about them contained in files, archives and computerised records, and that they are informed of the purpose for which this is destined and, in addition, shall have the right to demand that these are corrected or updated, under the terms of the law and whilst safeguarding state and legal secrecy. the recording and processing of data referring to political, philosophical or ideological beliefs, religious faith, political party or trade union membership or the ethnic origins of citizens for discriminatory purposes shall be prohibited. access to the personal data of third parties and the transfer of personal data from one file to another within different departments or institutions shall also be prohibited, except in the cases established in law or legal rulings. the provisions contained in the previous article shall, with the necessary adaptations, apply to habeas data. article 70. (extradition and deportation) the deportation or extradition of angolan citizens from national territory shall not be permitted. the extradition of foreign citizens for political motives, for charges punishable by the death penalty or in cases where it is justifiably recognised that extradition may lead to the torture, inhumane or cruel treatment of the individual concerned or will result in irreversible damage to their physical integrity under the law of the state applying for extradition, shall not be permitted. in accordance with the law, the angolan courts shall know the charges made against citizens whose extradition is not permitted, in accordance with the provisions contained in the previous points in this article. the expulsion from national territory of foreign citizens or stateless persons with authorisation to reside in the country or those who have requested asylum shall only be determined by a judicial ruling, except when an authorisation has been revoked, under the terms of the law. the law shall regulate the requirements and conditions for the extradition and expulsion of foreigners. article 71. (right of asylum) all foreign or expatriate citizens shall be guaranteed the right to asylum in the event of persecution for political reasons, namely those involving serious threat or persecution as a result of their work for democracy, national independence, peace amongst different peoples, liberty and human rights, in accordance with the laws in force and international instruments. the law shall define the status of political refugees. article 72. (right to a fair and appropriate trial) it shall be recognised that every citizen has the right to a fair and swift trial in accordance with the law. article 73. (right to submit petitions, accusations, claims and complaints) everyone shall have the right to individually or collectively submit petitions, accusations, claims or complaints to sovereign bodies or any other authorities in defence of their rights, the constitution, the laws or the general interest, and shall also have the right to be informed of the result of their consideration within a reasonable period of time. article 74. (right to popular action) every citizen, either individually or through associations representing specific interests, shall have the right to take legal action in the cases and under the terms established by law, with the aim of annulling acts which are harmful to public health, the public, historic and cultural heritage, the environment, quality of life, consumer rights, the legality of administrative acts and any other collective interests. article 75. (liability of the state and other public corporate bodies) the state and other public corporate bodies shall be jointly and civilly liable for any actions and omissions committed by their organs, their respective officeholders, agents and staff in the exercise of their legislative, judicial and administrative duties or as a result of the said duties which result in the violation of rights, freedoms and guarantees or in losses to those entitled to them or third parties. the individuals responsible for these acts or omissions shall be held liable for them, in criminal and disciplinary terms, under the terms of the law. chapter iii. economic, social and cultural rights and duties article 76. (right to work) work shall be the right and duty of all. every worker shall have the right to vocational training, fair pay, rest days, holidays, protection, and workplace health and safety, in accordance with the law. in order to ensure the right to work, the state shall be charged with promoting: the implementation of policies to generate work; equal opportunities in the choice of profession or type of work and conditions which prevent preclusion or limitation due to any form of discrimination; academic training and scientific and technological development, as well as vocational development for workers. dismissal without fair cause shall be illegal and employers shall be obliged to pay just compensation for workers who have been dismissed, under the terms of the law. article 77. (health and social protection) the state shall promote and guarantee the measures needed to ensure the universal right to medical and health care, as well as the right to child care and maternity care, care in illness, disability, old age and in situations in which they are unable to work, in accordance with the law. in order to guarantee the right to medical and health care, the state shall be charged with: developing and ensuring an operational health service throughout national territory; regulating the production, distribution, marketing, sale and use of chemical, biological and pharmaceutical products and other means of treatment and diagnosis; encouraging the development of medical and surgical training and research into medicine and health care. private and cooperative initiatives in the spheres of health care, welfare and social security shall be overseen by the state and exercised under the conditions prescribed by law. article 78. (consumer rights) consumers shall have the right to good quality goods and services, information and clarification, guarantees for products and protection with regard to consumer relations. consumers shall have the right to be protected against the manufacture and supply of goods and services that are harmful to health and life and must receive compensation for any damages suffered. the advertising of consumer goods and services shall be regulated by law and all forms of concealed, indirect or misleading advertising shall be prohibited. the law shall protect consumers and guarantee to defend their interests. article 79. (right to education, culture and sports) the state shall promote access for all to literacy, education, culture and sport, encouraging various private agents to become involved in their implementation, under the terms of the law the state shall promote science and scientific and technological research. private and cooperative initiatives in the spheres of education, culture and sports shall be exercised under the terms prescribed by law. article 80. (childhood) children shall have to right to receive special attention from the family, society and the state which, by working closely together, must ensure that they are fully protected against all forms of neglect, discrimination, oppression, exploitation and abuse of authority, within the family and in other institutions. public policies regarding the family, education and health must safeguard the principle of the higher interests of the child, as a means of guaranteeing their full physical, mental and cultural development. the state shall ensure special protection for children who are orphaned, disabled, abandoned or in any way deprived of a normal family environment. the state shall regulate the adoption of children, promoting their integration into a family environment and striving to ensure their full development. minors of school age are forbidden to work, under the terms of the law. article 81. (youth) in order to ensure effective enjoyment of their economic, social and cultural rights, young people shall receive special protection, particularly: in education, vocational training and culture; in access to their first job, at work and with regard to social security; in access to housing; in physical education and sport; in the use of their leisure time. in order to implement the provisions contained in the previous point, the law shall establish bases for the development of youth policies. the priority objectives of the youth policy shall be the development of young people's personality, the creation of the conditions needed for their effective integration into working life, a love of free creativity and a sense of community service. acting in cooperation with families, schools, businesses, residents' organizations, cultural associations and foundations and cultural and recreational collectives, the state shall foster and support youth organisations in the pursuit of the said objectives, in addition to international youth exchanges. article 82. (the elderly) the elderly shall have the right to economic security, housing and a family and community life that respects their personal autonomy and prevents and overcomes isolation or social marginalisation. policies for the elderly shall include economic, social and cultural measures that offer elderly people opportunities for personal fulfilment through active participation in community life. article 83. (disabled citizens) disabled citizens shall fully enjoy the rights and be subject to the duties enshrined in the constitution, without prejudice to any restrictions on the exercise or fulfilment of rights and duties they are unable, or not fully able, to enjoy or carry out . the state shall adopt a national policy for the prevention of disability, the treatment, rehabilitation and integration of disabled citizens, the provision of support for their families and the removal of obstacles to mobility. the state shall adopt policies aimed at raising the awareness of society with regard to the duties of inclusion, respect and solidarity towards disabled citizens. the state shall foster and support special education and technical and vocational training for disabled citizens. article 84. (ex-combatants and veterans of the nation) combatants of the national independence struggle, the country's veterans, those disabled during the course of military or paramilitary service and the minor children and surviving spouses of combatants killed in action, shall enjoy a special status and the protection of the state and society, under the terms of the constitution and the law. the state shall be responsible for promoting policies to ensure the social, economic and cultural integration of the citizens referred to in the previous point, as well as protecting, honouring and preserving the historic achievements in which they played a leading role. article 85. (right to housing and quality of life) every citizen shall have the right to housing and quality of life. article 86. (communities abroad) the state shall encourage associations for angolans abroad and promote links with the country, as well as economic, social, cultural and patriotic ties and solidarity with angolan communities based there or with communities who have a relationship with angola based on origins, consanguinity, culture and history. article 87. (historic, cultural and artistic heritage) citizens and communities shall have the right to the respect, appreciation and preservation of their cultural, linguistic and artistic identity. the state shall promote and encourage the conservation and appreciation of the historic, cultural and artistic heritage of the angolan people. article 88. (duty to contribute) it shall be the duty of all to contribute to public expenditure and society in proportion to their economic means and the benefits they enjoy, through taxes and charges based on a fair system of taxation, under the terms of the law. title iii. economic, financial and fiscal organisation chapter i. general principles article 89. (fundamental principles) the organisation and regulation of economic activities shall be based on a general guarantee of overall economic rights and freedoms in general, and an appreciation of work, human dignity and social justice, in accordance with the following fundamental principles: the role of the state as the regulator of the economy and coordinator of balanced national economic development, under the terms of the constitution and the law; freedom to engage in economic and business initiatives, exercised under the terms of the law; a market economy based on the principles and values of healthy competition, morality and ethics, as prescribed and ensured by law; respect and protection for private property and initiatives; the social function of property; reduction of regional imbalances and social inequalities; social dialogue; consumer and environmental protection. the forms and the system for state intervention shall be regulated by law. article 90. (social justice) the state shall promote social development by: adopting criteria for the redistribution of wealth which prioritises citizens and, in particular, the more vulnerable and needy sectors of society; promoting social justice, as a duty of the state, through a fiscal policy which ensures justice, equity and solidarity in all areas of national life; encouraging, supporting and regulating private sector interventions associated with achieving social rights; removing economic, social and cultural obstacles to genuine equal opportunities for citizens; ensuring that all citizens enjoy the benefits resulting from collective efforts in terms of development, specifically with regard to quantitative and qualitative improvements to standards of living. article 91. (planning) the state shall coordinate, regulate and foster national development on the basis of a planning system, under the terms of the constitution and the law and without prejudice to the provision contained in article 14 of this constitution. the objective of planning shall be to promote the sustainable and harmonious development of the country, ensuring a fair distribution of national income, preservation of the environment and quality of life for all citizens. the law shall define and regulate the national planning system. article 92. (economic sectors) the state shall guarantee the coexistence of the public, private and cooperative sectors, ensuring all are treated and protected under the terms of the law. the state shall recognise and protect the right of rural communities to use and benefit from the means of production, under the terms of the constitution, the law and customary law. article 93. (exclusive state responsibilities) central and issuing bank activities shall be the exclusive responsibility of the state . the law shall define and regulate economic activities which are the exclusive responsibility of the state, in addition to the conditions for accessing the various economic activities. article 94. (property of the state) the property of the state and the various legal persons governed by public law shall belong to the public or the private domain, in accordance with the constitution and the law. article 95. (public domain) the following shall constitute property in the public domain: inland waters, territorial waters and the adjacent sea beds, in addition to lakes, lagoons and watercourses, including their beds; biological and non-biological resources existing in inland and territorial waters, the contiguous zone, the exclusive economic zone and the continental shelf; national airspace; mineral deposits, mineral and medicinal water sources, natural subterranean cavities and other natural resources existing in the soil and subsoil, with the exception of rocks, ordinary earth and other materials habitually used as raw materials in civil construction; public highways and streets, ports, airports, bridges and public railway lines; beaches and coastal areas; areas of land reserved for the protection of the environment, specifically parks and nature reserves for the preservation of wild flora and fauna, and their infrastructures; zones reserved for ports and airports and classified as such by law; zones reserved for military defence; monuments and properties of national interest, duly classified and included in the public domain, under the terms of the law; any other property determined by law or recognised by international law. all property in the public domain shall be non-transferable, imprescriptible and immune from attachment. the law shall regulate the legal system for property included in the public domain and shall define which belongs to the state and to the legal persons governed by public law, the system and forms of concession and the system for divestiture of the said property . article 96. (private domain) property which is not expressly prescribed in the constitution and the law as belonging to the public domain of the state and the various legal persons governed by public law shall belong to the private domain of the state, shall be subject to the system of private law or a special system, and its administration shall be regulated by law. article 97. (irreversibility of nationalisation and confiscation) all the legal effects of nationalisation and confiscation undertaken under the terms of the appropriate legislation shall be considered valid and irreversible, without compromise to the provisions contained in specific legislation on reprivatisation. article 98. (land rights) all land originally belongs to the state and forms part of its private domain, with the aim of conceding and protecting the land rights of individuals or corporate bodies and rural communities, under the terms of the constitution and the law and without compromise to the provision contained in point 3 of this article. the state shall recognise and guarantee the right to private ownership of land, constituted under the terms of the law. the state shall only grant private ownership of land and its transmission to national citizens, under the terms of the law. chapter ii. financial and fiscal system article 99. (financial system) the financial system shall be organised in such a way as to guarantee the accumulation, deposit, capitalisation and security of savings, as well as the mobilisation and application of the financial resources needed for economic and social development, in accordance with the constitution and the law. the organisation, functioning and supervision of financial institutions shall be regulated by law. article 100. (national bank of angola) the national bank of angola, as the central issuing bank, shall ensure that the value of national currency is preserved and shall be involved in defining monetary, financial and exchange rate policies. the law shall prescribe the organisation, functions and attributions of the national bank of angola. article 101. (fiscal system) the fiscal system shall aim to meet the financial needs of the state and other public entities, ensure that the economic and social policies of the state are realised and undertake the fair distribution of income and national wealth. article 102. (taxes) taxes may only be created by law, which shall determine their applicability and rate, tax benefits and guarantees for taxpayers. fiscal regulations shall not be retroactive unless applied as sanctions, when they are more favourable to taxpayers. the creation of taxes to be paid by local authorities and responsibility for their collection shall be defined by law. article 103. (special contributions) the creation, modification or cancellation of special contributions due for public services, the use of the public domain and in any other cases prescribed by law must be stated in the regulatory law for the appropriate legal system. social security contributions, payments for work or services provided by public entities or organisations under the terms of private law and any other contributions prescribed in law shall be governed by specific legislation. article 104. (state budget) the state budget shall constitute the annual or multi-annual consolidated state financial plan and must reflect the objectives, targets and measures contained in the national planning instruments. the state budget shall be a single budget, shall estimate the level of revenue to be obtained and shall set limits for authorised expenditure in each financial year for all services, public institutions, autonomous funds and social security, in addition to those of the local authorities, in order ensure that all estimated expenditure is financed. the state shall define the rules for drawing up, presenting, approving, executing, overseeing and controlling the state budget. the implementation of the state budget shall observe the principles of transparency and good governance and shall be overseen by the national assembly and the court of auditors, under the terms defined by law. title iv. organisation of state power chapter i. general principles article 105. (sovereign bodies) the president of the republic, the national assembly and the courts shall be sovereign bodies. the formation, composition, powers and functioning of the sovereign bodies shall be as defined in the constitution. the sovereign bodies must respect the separation and interdependence of the functions established in the constitution. article 106. (appointment of the president of the republic and members of the national assembly) the president of the republic and the members of the national assembly shall be elected by universal, direct, secret and periodic suffrage, under the terms of the constitution and the law. article 107. (electoral administration) electoral procedures shall be organised by independent electoral administration bodies whose structure, functions, composition and responsibilities shall be defined by law. the electoral register shall be official, obligatory and permanent, under the terms of the law. chapter ii. executive power section i. president of the republic article 108. (head of state and executive power) the president of the republic shall be the head of state, the executive power and the commander-in-chief of the angolan armed forces. the president of the republic shall exercise executive power, assisted by a vice-president, ministers of state and ministers. the ministers of state and ministers shall be assisted by secretaries of state or vice-ministers, where they exist. the president of the republic shall promote and ensure national unity and the independence and territorial integrity of the country and shall represent the nation within the country and internationally. the president of the republic shall respect and defend the constitution, ensure compliance with laws, agreements and international treaties and promote and guarantee the regular functioning of organs of the state. article 109. (election) the individual heading the national list of the political party or coalition of political parties which receives the most votes in general elections held under the terms of article 142 onwards of this constitution shall be elected president of the republic and head of the executive. the individual heading the list is identified on the ballot paper for the benefit of the voters. article 110. (eligibility) citizens of angolan origin aged at least thirty-five who have habitually resided in the country for at least ten years and are in full possession of their civil and political rights and physical and mental capacities shall be eligible for election as president of the republic. the following shall be ineligible for election as president of the republic: citizens of any acquired nationality; serving judges and public prosecutors; serving judges of the constitutional court; serving judges of the court of auditors; the ombudsman and deputy ombudsman; members of electoral administration bodies; soldiers and members of the armed forces on active service; former presidents of the republic who have served two terms of office, have been removed from office or have resigned or abandoned their post. article 111. (nominations) nominations for president of the republic shall be proposed by the political parties or coalitions of political parties. the nominations referred to in the previous point may include citizens who are not affiliated to a competing political party or coalition of political parties.. article 112. (date of election) general elections must be called up to ninety days before the end of the term of office of the serving president of the republic and members of the national assembly. general elections shall be held thirty days prior to the end of the term of office of the serving president of the republic and members of the national assembly. section ii. term of office, inauguration and substitution article 113. (term of office) the term of office of president of the republic shall last for five years, beginning with their inauguration and ending with the inauguration of the new president elect. each citizen may serve up to two terms of office as president of the republic. article 114. (inauguration) the president of the republic elect shall be inaugurated by the president of the constitutional court. the inauguration shall take place up to fifteen days after the official publication of the election results. the election of the president of the republic shall be a justifiable reason for delaying the taking of a parliamentary seat. article 115. (swearing in) during the inauguration, the president of the republic elect, with his right hand resting on the constitution of republic of angola, shall swear the following oath: i (full name), on being inaugurated into the office of president of the republic, do swear on my honour: i (full name), on being inaugurated into the office of president of the republic, do swear on my honour: to faithfully perform the office with which i am invested; to observe constitution of the republic of angola and the laws of the country and cause them to be observed; to defend the independence, sovereignty and unity of the nation and the territorial integrity of the country; to defend peace and democracy and promote the stability, well-being and social advancement of all angolans. article 116. (relinquishment of office) the president of the republic may relinquish office by means of a message addressed to the national assembly, also notifying the constitutional court. section iii. responsibilities article 117. (exclusive responsibility to the constitution) the responsibilities of the president of the republic shall be those defined in this constitution. article 118. (message to the nation) on the occasion of the opening of parliament and at the national assembly the president of the republic shall deliver a message to the country on the state of the nation and the policies recommended for the resolution of the main issues, the promotion of the well-being of the angolan people and the development of the country. article 119. (responsibilities as head of state) as head of state, the president of the republic shall be responsible for: appointing the vice-president of the republic, from amongst the individuals on the respective election list, and discharging them from office; calling general and local elections under the terms established in the constitution and the law; addressing the national assembly; in conjunction with the constitutional court, promoting the prior and ongoing review of the constitutionality of legislation and international treaties, as well as unconstitutional omissions, under the terms prescribed in the constitution; appointing and discharging from office ministers of state, ministers, secretaries of state and vice-ministers; appointing the presiding judge of the constitutional court and the other judges of the said court; appointing the presiding judge of the supreme court, the deputy presiding judge and the other judges of the said court, on the recommendation of respective supreme judicial council; appointing the presiding judge of the court of auditors, the deputy presiding judge and the other judges of the said court, under the terms of the constitution; appointing the presiding judge, deputy presiding judge and the other judges of the supreme military court; appointing and discharging from office the attorney general, the deputy attorneys general and, on the recommendation of supreme judicial council of the public prosecutor's office, the assistant attorneys general, as well as the military prosecutors of the supreme military court; appointing and discharging from office the governor and deputy governors of the national bank of angola; appointing and discharging from office the provincial governors and deputy governors; calling referendums, under the terms of the constitution and the law; declaring a state of war and making peace, in consultation with the national assembly; pardoning offences or commuting sentences; declaring a state of siege, in consultation with the national assembly; declaring a state of emergency, in consultation with the national assembly; awarding decorations and honorary titles, under the terms of the law; enacting and ordering the publication of the constitution, constitutional revision laws and laws of the national assembly; presiding over the council of the republic; appointing members of the supreme judicial council, under the terms prescribed by the constitution; appointing members of the council of the republic and the national security council; any other responsibilities established in the constitution. article 120. (responsibilities as executive power) the president of the republic, as the executive power, shall be responsible for: defining the political orientation of the country; directing national policy; submitting the proposed state budget to the national assembly; directing the state's civil and military departments and services and all activities under its direct administration, superintending indirect administration and overseeing autonomous administration; defining the organisational structure and establishing the composition of executive power; establishing the number and the appointment of ministers of state, ministers, secretaries of state and vice-ministers; defining the organisational structure of ministries and approving the rules of procedure for the council of ministers; requesting authorisation to legislate from the national assembly, under the terms of this constitution; initiating legislation, on the basis of proposals for legislation presented to the national assembly; calling and presiding over meetings of the council of ministers and setting agendas; directing and guiding the work of the vice-president, ministers of state, ministers and provincial governors; drawing up the regulations required for the correct execution of laws. article 121. (responsibilities regarding international relations) in the sphere of international relations, the president of the republic shall be responsible for: defining and directing the execution of state foreign policy; representing the state; signing and ratifying international treaties, conventions, agreements and other instruments, as appropriate and after they have been passed; appointing and discharging ambassadors from office and appointing extraordinary envoys; accrediting foreign diplomatic representatives. article 122. (responsibilities as commander-in-chief) as commander-in-chief of the angolan armed forces the president of the republic shall be responsible for: serving as commander-in-chief of the angolan armed forces; assuming high command of the angolan armed forces in the event of war; appointing and discharging from office the chief of the general staff of the angolan armed forces and the deputy chief of the general staff of the armed forces, in consultation with the national security council; appointing and discharging from office the remaining commanders and heads of the armed forces, in consultation with the national security council; promoting and demoting general officers of the angolan armed forces, in consultation with the national security council; appointing and discharging from office the general commander of the national police force and the deputy commanders of the national police force, in consultation with the national security council; appointing and discharging from office the remaining commanders and heads of the national police force, in consultation with the national security council; promoting and demoting commissioners of the national police force, in consultation with the national security council; appointing and discharging from office officeholders, deputies and heads of departments of the state intelligence and security bodies, in consultation with the national security council; awarding military and police decorations and honorary titles. article 123. (responsibilities regarding national security) with regard to national security, the president of the republic shall be responsible for: defining national security policies and directing their execution; determining, guiding and deciding on the strategy for implementing national security; approving the operational plan for the national security system and deciding on the strategy for the employment and use of the angolan armed forces, the national police force, the remaining national protection organizations and the state intelligence and security bodies; calling and presiding over meetings of the national security council; promoting loyalty to the constitution and democratic institutions within the angolan armed forces, national police force and the state intelligence and security bodies. article 124. (enactment of national assembly laws) the president of the republic shall enact the laws of the national assembly within thirty days of receiving them. before this period of time expires, the president of the republic may make a duly justified request to the national assembly to reconsider the legislation or some of its rules. if, after this reconsideration, a two-thirds majority of the members approve the legislation, the president of the republic must enact it within fifteen days of receiving it. before the periods of time referred to in the previous points expire, the president of the republic may request the constitutional court to undertake a prior review of the constitutionality of national assembly laws. article 125. (form of acts) in exercising his duties, the president of the republic shall issue presidential legislative decrees, provisional presidential legislative decrees, presidential decrees and presidential dispatches, which shall be published in the diã¡rio da repãºblica (official gazette). the acts of the president of the republic referred to article 120(e) shall take the form of presidential legislative decrees; the acts of the president of the republic referred to article 11 90(a),(b),(e),(f),(g),(h),)i),(j),(k),(1),(m),(n),(o),(p),(q),(r),(u) and (v), article 120(g) and (1), article 121(d), and article 122(c),(d),(e),(f),(g),(h),(i) and j), all of the constitution, shall take the form of presidential decrees. acts of the president of the republic arising out of his duties as commanderinchief of the armed forces and not prescribed in the previous points shall take the form of directives, briefings, orders and dispatches of the commander-in-chief. administrative acts of the president of the republic shall take the form of presidential dispatches. article 126. (provisional presidential legislative decrees) the president of the republic may issue provisional presidential legislative decrees whenever, for reasons of urgency and need, this measure proves necessary in order to defend the public interest, and must immediately submit them to the national assembly, which may convert them into laws, with or without alterations, or may reject them. provisional presidential legislative decrees shall have legal force. provisional presidential legislative decrees on the following may not be approved: matters which are reserved exclusively and absolutely for national assembly legislation; the state budget; provisional presidential legislative decrees concerning matters for which laws have already been approved by the national assembly and are awaiting enactment may also not be approved. provisional presidential legislative decrees shall be published for periods of sixty days, at the end of which they lose force unless they are converted into laws by the national assembly. the period of time referred to in the previous point is calculated from the date of the publication of the provisional presidential legislative decree in the didrio da repiblica (official gazette). provisional presidential legislative decrees may be extended for an identical period of time if the national assembly has not finished assessing them within the first sixty-day period. provisional presidential legislative decrees which have been rejected by the national assembly or whose legal force has expired may not be re-issued within the same legislative session. section iv. liability, resignation and vacant office of president of the republic article 127. (criminal liability) the president of the republic shall not be liable for actions practised in the exercise of his functions, except in the event of subordination, treason and the crimes defined in this constitution as imprescriptible and ineligible for amnesty. conviction shall lead to removal from office and disqualification from standing for another term of office. for crimes not committed during the exercise of his office, the president of the republic shall answer before the supreme court five years after his term of office has ended. article 128. (political resignation of the president of the republic) in the event of any serious disturbance to the regular functioning of the national assembly or any irremediable crisis in institutional relations with the national assembly, the president of the republic may resign politically by means of a message addressed to the national assembly, also notifying the constitutional court. the resignation of the president of the republic under the terms of the previous point shall result in the dissolution of the national assembly and the calling of early general elections, which must take place within ninety days. a president of the republic who has resigned under the terms of this article shall remain in office in order to carry out day-to-day managerial actions, until the inauguration of the president of the republic elect following the subsequent elections. resignation shall not have the same effect as the relinquishment referred to in article 116 of this constitution and it may not give rise to an appeal for the withdrawal of the procedure for removal from office under the terms of the following article. article 129. (removal from office of the president of the republic) the president of the republic may be removed from office in the following circumstances: for the crimes of treason and espionage; for the crimes of subordination, fraudulent conversion of public money and corruption; due to permanent physical and mental incapacity; as the holder of an acquired nationality; for heinous and violent crimes, as defined in this constitution; the president of the republic may also be removed from office for the crime of violating the constitution when a serious threat is made against: the democratic state and the rule of law; state security; the regular functioning of institutions. the supreme court shall be responsible for hearing and ruling on the criminal procedures referred to in point 1(a), (b) and (e) of this article which are instigated against the president of the republic. the constitutional court shall be responsible for hearing and ruling on the procedures for the removal of a president of the republic from office which are referred to in point 1(c) and d) and point 2 of this article. the procedures for criminal liability and removal of a president of the republic from office referred to in the previous points shall observe the following: the initiation of proceedings must be duly justified and shall be the responsibility of the national assembly; the proposal to initiate proceedings shall be presented by one third of the members in full exercise of their office; the decision shall be approved by a two-thirds majority of members in full exercise of their office and the respective communication or application for proceedings must afterwards be sent to the supreme court or constitutional court, as appropriate. these proceedings must take absolute priority over all others and must be heard and decided within a maximum period of one hundred and twenty days commencing on the date on which the appropriate application is received. article 130. (vacant office) the office of president of the republic shall become vacant in the following circumstances: resignation from office, under the terms of article 116; death; removal from office; permanent physical or mental incapacity; abandonment of duties. the vacancy shall be verified and declared by the constitutional court, under the terms of the constitution and the law. article 131. (vice-president) the vice-president shall be an auxiliary office of the president of the republic in the exercise of his executive functions. the vice-president shall substitute the president of the republic when he is absent from the country, unable to perform his duties and in any situations in which he is temporarily unable to perform his functions and they shall, in these circumstances, be responsible for the daily management of executive functions. the provisions contained in articles 115, 116, 127 and 129 of this constitution shall apply to the vice-president and the message referred to in article 116 shall be replaced by a letter addressed to the president of the republic. article 132. (substitution of the president of the republic) if the office of the elected president of the republic elect becomes vacant, the duties shall be performed by the vice-president, who shall complete the term of office with full powers. should the situation referred to in the previous point arise or should the office of vice-president become vacant, the president of the republic shall appoint an individual elected to parliament by the list of the political party or coalition of political parties which receives the most votes to perform the duties of the vice-president, having consulted the political party or coalition of parties which presented the candidate for president of the republic, under the terms of articles 109 and 142 onwards of this constitution. should both the president of the republic and the vice-president become permanently and simultaneously unable to perform their duties, the president of the national assembly shall assume the duties of the president of the republic until new general elections are held, which must happen within one hundred and twenty days of verification of their inability to serve. should the president of the republic elect become permanently unable to perform his duties before his inauguration, he shall be replaced by the vice-president elect, and a substitute vice-president shall be appointed under the terms of point 2 of this article. should both the president of the republic elect and the vice-president elect become permanently and simultaneously unable to perform their duties prior to taking up office, the political party or coalition of political parties whose list elected the president and vice-president so impeded shall be responsible for appointing their substitutes from among members elected by the same list, to take up office the constitutional court shall be responsible for verifying the cases of permanent inability to serve, as prescribed in this constitution. article 133. (status of former presidents of the republic) former presidents of the republic shall enjoy the immunity prescribed in the constitution for members of the council of the republic. in the national interest of honouring the presidential office, former presidents of the republic shall be entitled to the following: an official residence; a personal escort; an authorised vehicle; administrative support staff; other entitlements, as prescribed by law the status prescribed in this article shall not apply to former presidents of the republic who have been removed from office for reasons of criminal liability, under the terms of this constitution. section v. auxiliary bodies serving the president of the republic article 134. (council of ministers) the council of ministers shall be an auxiliary body serving the president of the republic in the formulation and execution of general policies for the nation and the public administration. the president of the republic shall preside over the council of ministers, which shall comprise the vice-president, ministers of state and ministers. secretaries of state and vice-ministers may be invited to take part in meetings of the council of ministers. the council of ministers shall be responsible for pronouncing on: government policies and their execution; legislative proposals to be submitted to the national assembly for approval; presidential legislation; national planning instruments; presidential regulations required for the correct execution of laws; international agreements which require the approval of the president of the republic; the adoption of general measures required to execute the governance programme of the president of the republic; any other matters that may be submitted for the consideration of the president of the republic. the rules of procedure for the council of ministers shall be approved by presidential decree. article 135. (council of the republic) the council of the republic shall be collegiate body consulted by the head of state. the council of the republic shall be presided over by the president of the republic and composed of the following members: the vice-president of the republic; the president of the national assembly; the president of the constitutional court; the attorney general of the republic; former presidents of the republic who have not been removed from office; the leaders of the political parties and coalitions of political parties represented in the national assembly; ten citizens appointed by the president of the republic for a period of time corresponding to his term of office. the members of the council of the republic shall enjoy the immunities of members of the national assembly, under the terms of this constitution. the rules of procedure for the council of the republic shall be approved by presidential decree. article 136. (national security council) the national security council shall be a consultative body to the president of the republic in matters relating to national security policies and strategies, in addition to the organisation, functioning and regulation of the armed forces, the national police force and other organs which guarantee the constitutional order and, in particular, the state intelligence and security bodies. the national security council shall be presided over by the president of the republic and shall be composed of the following: the vice-president of the republic; the president of the national assembly; the president of the constitutional court; the president of the supreme court; the attorney general of the republic; ministers of state and ministers nominated by the president of the republic; other entities nominated by the president of the republic. the organisation and functioning of the national security council shall be defined by presidential decree. section vi. acts, incompatibilities and liability of ministers of state, ministers, secretaries of state and vice-ministers article 137. (acts of ministers of state and ministers) in exercising the powers delegated to them by the president of the republic, ministers of state and ministers shall issue executive decrees and dispatches that shall be published in the dicirio da republic (official gazette). article 138. (incompatibilities) the offices of minister of state, minister, secretary of state and vice-minister shall be incompatible with the office of member of the national assembly and with serving as a judge or public prosecutor. the offices of minister of state, minister, secretary of state and vice-minister shall also be incompatible with any of the following: paid employment in any public or private institution, except those dedicated to teaching or academic research; administrative, managerial or any other corporate position in commercial companies and other institutions engaged in profit-making pursuits; the liberal professions. article 139. (political responsibility) the vice-president, ministers of state and ministers shall be politically and institutionally responsible to the president of the republic. article 140. (criminal liability) ministers of state, ministers, secretaries of state and vice-ministers shall answerable to the supreme court for any crimes committed either during the exercise of their duties or outside them. ministers of state, ministers, secretaries of state and vice-ministers may only be imprisoned after being charged when the infraction is punishable by a prison sentence of more than two years, except in the case of flagrante delito, for a serious crime punishable with a prison sentence of more than two years. chapter iii. legislative power section i. definition, structure, composition and election article 141. (definition) the national assembly shall be the parliament of the republic of angola. the national assembly shall be a single house representing all angolans, which shall express the sovereign will of the people and exercise the legislative power of the state. article 142. (composition) the national assembly shall be composed of members elected under the terms of the constitution and the law. article 143. (electoral system) members shall be elected by universal, free, equal, direct, secret and periodic suffrage by national citizens aged over eighteen who are resident in national territory, including angolan citizens resident abroad for the purposes of work, study, illness or similar reasons. members shall be elected according to the system of proportional representation for a five-year term of office, under the terms of the law. article 144. (constituencies) members shall be elected by constituencies, there being one national constituency and constituencies corresponding to each of the provinces. the following criteria shall be established for the election of members by constituency: one hundred and thirty members shall be elected at national level, and for this purpose the country shall be considered a single national constituency; five members shall be elected for each province and provincial electoral constituencies shall be created for this purpose. article 145. (ineligibility) the following shall be ineligible for election as members: serving judges and public prosecutors; members of military or militarised forces on active service; members of electoral administrative bodies; individuals legally defined as incapacitated; individuals sentenced to a term of imprisonment of over two years. citizens who have acquired angolan nationality shall only be eligible seven years after the date on which nationality was acquired. article 146. (nominations) nominations shall be presented by the political parties either individually or as coalitions, and the lists may include citizens who are not affiliated to the parties in question, under the terms of the law. nominations must be subscribed to by 5,000 to 5,500 voters for the national constituency and 500 to 550 voters for each provincial constituency. section ii. status of members article 147. (nature of mandate) members shall represent the entire nation and not just the constituencies to which they are elected. article 148. (start and end of term of office) the term of office of a member shall start when they take up office and the first constituent meeting of the national assembly after the elections is held and shall end with the first session after the subsequent elections, without prejudice to individual suspensions or cessations. the filling of seats in the national assembly, in addition to the suspension, substitution, resignation and loss of office shall be regulated by the constitution and the law. article 149. (incompatibilities) the office of member shall be incompatible with the exercise of the following functions: president and vice-president of the republic; minister of state, minister, secretary of state and vice-minister; serving ambassador; judges and public prosecutors; ombudsman and deputy ombudsman; members of the high council of the judicial bench and the public prosecutor's office; provincial governors, deputy provincial governors and other officeholders in state local administration bodies; officeholders in local authority bodies; members of the managerial, administrative and supervisory bodies of public companies, institutions and associations. the office of member is equally incompatible with: the exercise of paid public duties in direct or indirect state administrative bodies; the exercise of duties as a director, manager or any other corporate office in companies and other profit-making institutions; engagement in judicial-employment relations with foreign companies or international organisations; the exercise of duties which prevent active participation in the work of the national assembly, except those of party leader, teacher or others recognised as exceptions by the national assembly; the emergence of conditions resulting in ineligibility after election; the exercise of other functions which, under the terms of the law, are considered incompatible with the office of member. the performance or appointment to any of these duties or positions stipulated in this article shall be a justifiable reason for delaying taking up office as a member. article 150. (immunities) members shall not be liable, in civil, criminal or disciplinary terms, for the votes or opinions they express at meetings or on committees or working parties of the national assembly in the exercise of their duties. members may not be detained or imprisoned without the authorisation of the national assembly or, if outside its normal working hours, the standing committee, unless caught in flagrante delito committing a felony punishable by a prison sentence of over two years. once criminal proceedings have been instigated against a member and they have been accused by indictment or equivalent, unless caught in flagrante delito committing a felony, a plenary sitting of the national assembly must rule on the suspension of the member and the removal of immunity in order to allow the case to proceed. article 151. (suspension from office and temporary substitution) members shall be suspended from office in the following cases: for holding a public post incompatible with the office of a member, under the terms of the constitution; due to illness lasting more than ninety days; absence from the country for more than ninety days; an indictment for conviction for a felony punishable with a prison sentence of more than two years. whenever the term of office of a member is suspended, they must be substituted temporarily, in accordance with the terms stipulated in points 2 and 3 of article 153 of the constitution. article 152. (relinquishment and loss of seat) a member may resign by means of a written statement. members shall always lose their seat if : they become affected by any of the disqualifications or incompatibilities prescribed in the constitution and the law; they exceed the number of absences prescribed by law; they become affiliated to a party other than the one under which they stood for election; they have been sanctioned for indecorous behaviour harmful to the duties and dignity of parliamentary office, following disciplinary proceedings introduced under the terms of the appropriate regulations of the national assembly; they conform to the situations prescribed in article 153(1)(c),(d) and(e) of the constitution; they do not take up their seat in the national assembly, without justification, under the terms of the law. article 153. (permanent replacement) members shall be permanently replaced in the following circumstances: relinquishment of office; loss of seat under the terms prescribed in article 152(2)(b) of the constitution; conviction for a felony punishable by a prison sentence of more than two years; permanent incapacity; death. when a member needs to be substituted, their seat shall be filled in order of precedence by the next member on the party or coalition party list from which the former member had been elected. if no more candidates remain on the list of the former member, the seat shall not be filled. article 154. (impediments) members in full exercise of their office may not: legally represent or be a party in any judicial or extrajudicial proceedings against the state, except to defend their legally protected rights and interests; serve as arbitrator, conciliator, mediator or paid expert in any proceedings against the state or any other legal persons governed by public law, unless authorised to do so by the national assembly; take part in public calls for tender for the provision of goods or services, or enter into contracts with the state and other legal persons governed by public law, except as established by law; be involved in commercial advertising. section iii. organisation and functioning article 155. (internal organisation) the internal organisation and functioning of the national assembly shall be governed by the provisions contained in this constitution and the law. article 156. (standing committee) the standing committee is a national assembly body which functions outside periods in which the assembly of the republic is in full session; between the end of one legislature and the beginning of a new one; in any other cases stipulated in the constitution. the standing committee shall be chaired by the president of the national assembly and composed of the following members: the vice-presidents of the national assembly; chairpersons; the chairs of the parliamentary groups; chairs of the standing committees on labour; the chair of the administrative council; the chair of the group of parliamentary women; twelve members, in accordance with the number of seats held in the national assembly. the standing committee shall be responsible for: exercising the national assembly's powers in relation to members' mandates; preparing the opening of legislative sessions; convening special sessions of the national assembly when specific and urgent matters need to be analysed; overseeing meetings of the special, ad hoc and parliamentary inquiry committees outside the normal working hours of the national assembly. the standing committee shall function throughout the legislature until the first constituent meeting of the new assembly. article 157. (legislative sessions) each legislature shall last for five legislative sessions or parliamentary years. each legislative session shall begin on the fifteenth of october and last for one year and intervals shall be established according to the legislation for the organisation and functioning of the national assembly. legislative sessions shall include the ordinary and extraordinary plenary sittings required in order to pursue activities. article 158. (quorum) the national assembly may function in plenary sittings with one fifth of its members in full exercise of their office. article 159. (decisions) decisions of the national assembly shall be taken on the basis of a simple absolute majority of the members present, provided this amounts to more than half of the members in full exercise of their office and except when other regulations on decisions are established in the constitution and the law. section iv. competence article 160. (organisational competence) within the sphere of its internal organisation, the national assembly shall be responsible for: legislating on internal organisation; electing its president, vice-presidents and chairpersons on the basis of an absolute majority of all members present; forming the standing committee and special, ad hoc and parliamentary inquiry committees; any other powers attributed to it by organisational law and other parliamentary legislation. article 161. (political and legislative competencies) within the political and legislative sphere, the national assembly shall be responsible for: approving amendments to the constitution, under the terms of this constitution; approving laws on all matters, except those reserved by the constitution for the president of the republic; granting the president of the republic authorisation to legislate and considering authorised presidential legislative decrees for the purposes of determining whether they should be amended or cease to remain in force, under the terms of the law; considering provisional presidential legislative decrees, for the purposes of determining whether they should be converted into laws; approving the state budget; setting and altering the political and administrative divisions of the country, under the terms of the constitution and the law; granting amnesties and general pardons; pronouncing on the possibility of president of the republic declaring a state of siege or emergency; pronouncing on the possibility of president of the republic declaring a state of war or making peace; proposing to the president of the republic that referendums should be held on relevant matters of national interest; approving for ratification and signing treaties, conventions, agreements and other international instruments involving matters within its absolute legislative responsibility, in addition to treaties to which angola is a party involving international organisations, the rectification of borders, friendship, cooperation, defence and military affairs; approving withdrawal from treaties, conventions, agreements and other international instruments; promoting the process for bringing proceedings against, and removing from office, the president of the republic, under the terms prescribed in articles 127 and 129 of this constitution; any other functions that may be conferred on it by the constitution and the law. article 162. (competence for control and scrutiny) within the sphere of control and scrutiny, the national assembly, shall be responsible for: striving to ensure that the constitution is implemented and laws are correctly executed; receiving and analysing the general state accounts and those of other public institutions as obliged by law, which may be accompanied by a report and opinion from the court of auditors and all the items deemed necessary for the analysis, under the terms of the law; analysing and debating the application of a declaration of a state of war, siege or emergency; authorising the executive to contract and grant loans and other lending operations apart from floating debt operations, defining the general terms and conditions for such operations and establishing the upper limit for the guarantees to be given each year to the executive, within the framework of approving the state budget; analysing presidential legislative decrees approved during the exercise of authorised legislative powers, for the purposes of determining whether they should be ratified or altered. article 163. (competence in relation to other bodies) with regard to other bodies, the national assembly shall be responsible for: electing judges to the constitutional court, under the terms of the constitution; electing jurists to the supreme judicial council; electing the ombudsman and deputy ombudsman; electing members of electoral administration bodies, under the terms of the law. electing members of other bodies whose appointment is entrusted by law to the national assembly. article 164. (exclusive power to legislate) the national assembly shall have exclusive power to legislate on the following matters: the acquisition, loss and re-acquisition of nationality; the fundamental rights, freedoms and guarantees of citizens; restrictions and limitations on the rights, freedoms and guarantees of citizens; the election and status of officeholders of bodies that exercise sovereign power, local government officeholders and officeholders in any other constitutional bodies, under the terms of the constitution and the law; the definition of crimes, penalties and security measures, as well as the basic elements of criminal procedures; the basic elements of the system for the organisation and functioning of local government and the involvement of citizens and traditional authorities in its work; the referendum system; the organisation of the courts and the status of judges and public prosecutors; the general elements of the organisation of national defence; the general elements of the organisation, functioning and regulation of the angolan armed forces, public security forces and the information services; the rules governing states of war, siege or emergency; associations, foundations and political parties; the rules governing national symbols; the rules governing public holidays and national celebrations; the status and legal capacity of persons; the definition of the limits of territorial waters, the contiguous zone, the exclusive economic zone and the continental shelf. article 165. (relative legislative competence) unless authorisation is granted to the executive to do so, the national assembly shall have relative competence for legislating on the following matters: the basic elements of the scope and rules governing the public administration, including guarantees for users of the public administration, the status of public administration staff and the civil liability of the public administration; the basic elements of the status of public companies, institutions and associations; the general system for rural and urban renting; the general system for public finances; the basic elements of the financial and banking system; the basic elements of the general national planning system; the general system for property and means of production not included in the public domain; the general system governing the media; the basic elements of the national education, health and social security systems; the monetary system and the standard for weights and measures; the definition of sectors within the economy reserved for the state; the basic elements for the granting of concessions for the use of natural resources and the transfer of state assets; the definition and system for property within the public domain; the general system for requisitions and expropriations for public use; the creation of taxes and the fiscal system, as well as the general system for charges and other financial contributions payable to public entities; the general elements of town and country and urban planning; the basic elements of the system for protecting nature, the ecological and environmental balance and the cultural heritage; the general elements of the system for the concession and transfer of land; the general system for military service; the general system for punishing disciplinary infractions and administrative offences, together with the applicable proceedings. the national assembly shall also be partially responsible for defining the general legislative system for all matters not included in the previous point, unless these are reserved under the constitution for the president of the republic. section v. the legislative process article 166. (form of acts) in the exercise of its functions, the national assembly shall issue constitutional revision laws, organic laws, basic laws, laws, authorisations to legislate and resolutions. the acts of the national assembly practiced during the exercise of its functions shall take the form of: constitutional revision laws, for the legislation prescribed in article 161(a) of the constitution; organic laws, for the legislation prescribed in article 160(a) and article 164)d),(),(g) and (h); basic laws, for the legislation prescribed in article 164(i) and (j) and article 165(1) (a),(b),(e),(f),(i),(l),(p),(q) and (r), all of the constitution; laws, for the remaining legislation concerning matters within the legislative competence of national assembly which do not have not to assume any other form, under the terms of the constitution; authorisations to legislate, for the legislation prescribed in article 161(c); resolutions, for the acts prescribed in article 160(b) and (c), article 161(g),(h),(i),(j),(k),(1) and (in), article 162(b),(c) and (d) and article 163(a),(b),(c),(d) and (e) and any other decisions regarding the daily management of parliamentary activities, in addition to those which do not require any other form, under the terms of the constitution. article 167. (legislative initiative) the power to initiate legislation may be exercised by members, parliamentary groups and the president of the republic. the organs of judicial power may present contributions on matters relating to the organisation of the judiciary, the status of judges and the functioning of the courts. legislative initiatives introduced by members and parliamentary groups shall assume the form of bills. legislative initiatives introduced by the president of the republic shall assume the form of legislative proposals. groups of citizens and the organisations representing them may present proposals for introducing new legislation, under the terms to be defined by law. bills and legislative proposals which involve increased expenditure or a reduction in the state revenue established in the budget cannot be presented during the current financial year, with the exception of state budget review laws. article 168. (national referendum initiative) the power to initiate a national referendum may be exercised by the president of the republic, one fifth of members in full exercise of their office and parliamentary groups. initiatives introduced by members and parliamentary groups shall assume the form of referendum proposals. constitutional referendums shall not be permitted. article 169. (approval) bills for constitution revision laws and referendum proposals shall be approved by a qualified majority of two thirds of the members in full exercise of their office. bills for organic laws shall be approved by an absolute majority of the members in full exercise of their office. bills for basic laws, laws and resolutions shall be approved by an absolute majority vote of the members present, provided that this amounts to more than half of the members in full exercise of their office. article 170. (authorisation to legislate) laws granting authorisation to legislate must define the object, purpose, extent and duration of the authorisation. laws granting authorisation to legislate may not be used more than once, notwithstanding the fact that they may be used in stages. laws granting authorisation to legislate shall expire: at the end of their term; at the end of the legislature and term of office of the president of the republic; authorisations to legislate granted under the budget law shall comply with the provisions of this article and, when they address fiscal matters, shall only expire at the end of the fiscal year to which they refer. article 171. (parliamentary consideration of executive legislation) authorised presidential legislative decrees may be subject to consideration by parliament, on the basis of a motion signed by at least ten members in full exercise of their office within thirty f<days of their publication in the didrio da repfiblica (official gazette). authorised presidential legislative decrees shall be subject to consideration with a view to amending or ending their force. once a motion to consider an authorised presidential legislative decree has been presented and if one or more amendments are proposed, the national assembly may suspend the force of all or part of it until either the law that amends it is published, or all the proposed amendments are rejected. the suspension referred to in the previous point shall expire if forty-five days elapse without the national assembly making a final pronouncement. if the national assembly approves ending the force of an authorised presidential legislative decree, it shall cease to have effect from the date when the respective resolution is published in the didrio da repfiblica (official gazette) and may not be republished during the same legislative session. proceedings for the parliamentary consideration of authorised presidential legislative decrees shall enjoy priority and shall expire if a motion for consideration has been presented and the national assembly has not pronounced, or if it has decided to make amendments but has not put the respective law to the vote, by the end of the then current legislative session, and on condition that at least fifteen plenary sessions have been held. article 172. (parliamentary consideration of provisional presidential legislative decrees) the president of the republic must submit provisional presidential legislative decrees to the national assembly within ten days of their publication in the didrio da repfiblica (official gazette). parliamentary consideration will take place on the basis of a motion signed by at least ten members if, within the period of time referred to in the previous point, the provisional presidential legislative decree has not been submitted to the national assembly. provisional presidential legislative decrees shall be subject to consideration with a view to their conversion into parliamentary laws or their rejection by the national assembly if the national assembly rejects a provisional presidential legislative decree, it shall cease to have effect from the date on which the resolution is published in the didrio da repfiblica (official gazette) and may not be republished during the same legislative session. the provision contained in point 6 of the previous article shall apply to parliamentary consideration of provisional presidential legislative decrees. article 173. (emergency proceedings) at the request of the president of the republic, ten members in full exercise of their office, any parliamentary group or special commissions, the national assembly may be asked to consider the discussion of any bill, legislative proposal or resolution as an emergency proceeding. at the request of ten members or any parliamentary group the national assembly may declare any matter of national interest to be the object of emergency proceedings. when a request has been received to treat any matter as an emergency proceeding, the president of the national assembly shall be responsible for ruling on the request, notwithstanding the right of appeal to the plenary for a decision on the said emergency measure. chapter iv. the judiciary section i. general principles article 174. (jurisdiction) the courts shall be sovereign bodies with the power to administer justice in the name of the people. in the exercise of their jurisdictional functions, the courts shall be responsible for ruling on conflicts of public or private interests, ensuring the defence of rights and interests protected by law and repressing any violations of the democratic rule of law. it shall be the duty of all public and private entities to cooperate with the courts in the exercise of their functions and they must undertake, within the limits of their powers, any actions requested of them by the courts. the law shall constitute and regulate extra-judicial means and forms of settling conflicts and their constitution, organisation, responsibilities and functioning. the courts may not deny justice due to a lack of financial means. article 175. (independence of the courts) in the exercise of their jurisdictional functions, the courts shall be independent and impartial and subject only to the constitution and the law. article 176. (system of jurisdiction) the high courts of the republic of angola shall be the constitutional court, the supreme court, the court of auditors and the supreme military court. the system for the organisation and functioning of the courts shall include the following: a common jurisdiction headed by the supreme court and including the courts of appeal and other courts; a military jurisdiction headed by the supreme military court and including the regional military courts. an autonomous administrative, fiscal and customs jurisdiction may also be created, headed by a high court. maritime courts may also be created. the creation of courts with exclusive powers to try specific infractions shall be prohibited. article 177. (court rulings) the courts shall guarantee and ensure observance of the constitution, the laws and any other legislative provisions in force, protection of the rights and legitimate interests of citizens and institutions and shall decide on the legality of administrative acts. it shall be mandatory for all citizens and other legal entities to comply with the decisions of the courts and these shall prevail over those of any other authority. the law shall regulate the terms for the execution of court rulings, sanction those responsible for failing to comply with them and hold public and private authorities who attempt to obstruct them criminally liable. article 178. (administrative and financial autonomy of the courts) the courts shall enjoy administrative and financial autonomy and the law must define mechanisms to enable the judiciary to contribute towards drawing up their budget. article 179. (judges) in the exercise of their duties, judges shall be independent and shall owe obedience only to the constitution and the law. judges shall not be removed from office, nor transferred, promoted, suspended, retired or dismissed unless under the terms of the constitution and the law. judges shall not be responsible for the decisions they make during the course of their duties, except for the restrictions imposed by law. judges may only be imprisoned after being charged when the infraction is punishable with a prison sentence of more than two years, except in the case of flagrante delito involving a felony punishable with the same sentence. serving judges may not exercise any other public or private duties except teaching or academic research of a legal nature. serving judges may not become affiliated to political parties or political associations or become involved in party political activities. it shall be recognised that judges have the right to social and professional associations, but are forbidden the right to strike. judges may be periodically assessed by the supreme judicial council on the basis of their professional performance, under the conditions and within the periods of time to be determined by law. section ii. the courts article 180. (constitutional court) the constitutional court shall, in general be responsible for the administration of justice in legal and constitutional matters, under the terms of the constitution and the law. the constitutional court shall be responsible for: assessing the constitutionality of any rules and other acts of the state; providing a prior review of the constitutionality of the laws of parliament; exercising jurisdiction in other legal and constitutional, electoral and party political matters, under the terms of the constitution and the law; assessing appeals against the constitutionality of the decisions of the various courts which have refused to apply particular rules on the grounds that they are unconstitutional; assessing appeals against the constitutionality of rulings made by the various courts that have applied rules whose constitutionality has been questioned during the relevant proceedings the constitutional court shall be composed of a bench of eleven members appointed from amongst jurists and judges, as follows: four judges nominated by the president of the republic, including the president of the court; four judges elected by the national assembly by a two-thirds majority of the members in full exercise of their office, including the vice-president of the court; two judges elected by the supreme judicial council; one judge elected by competitive submission of curricula, under the terms of the law. judges of the constitutional court shall be appointed for a non-renewable seven-year term and shall enjoy the same guarantees of independence, irremovability from office, impartiality and non-liability as judges from the other courts. article 181. (supreme court) the supreme court shall be the senior body in common jurisdiction. the bench of the supreme court shall be appointed by the president of the republic, on the recommendation of supreme judicial council, following the competitive submission of curricula by judges, public prosecutors and jurists of recognised merit, under terms to be defined by law. the president and vice-president of the supreme court shall be appointed by the president of the republic from amongst three candidates selected by two thirds of the bench in full exercise of their office. the presiding judge and vice-president of the supreme court shall serve a seven-year, non-renewable term of office. the organisation, responsibilities and functioning of the supreme court shall be established by law. article 182. (supreme military court) the supreme military court shall be the highest body within the hierarchy of the military courts. the presiding judge, deputy presiding judge and the other members of the bench of the supreme military court shall be appointed by the president of the republic from amongst the military judges. the organisation, responsibilities and functioning of the supreme military court shall be established by law. article 183. (court of auditors) the court of auditors shall be the supreme supervisory body responsible for overseeing the legality of public finances and judging such accounts as the law may require to be submitted to it. the presiding judge, deputy presiding judge and the other members of the bench of the court of auditors shall be appointed by the president of the republic from amongst judges and non-judges for a single seven-year term of office. the composition and responsibilities of the court of auditors shall be established by law. a report on the work of the court of auditors shall be produced each year, submitted to the national assembly and also forwarded to the various bodies which exercise sovereign power. article 184. (high council of the judicial bench) the high council of the judicial bench shall be the highest body responsible for managing and disciplining the judicial bench, and shall, in general, be responsible for: assessing the professional ability of judges and taking disciplinary action against them; proposing the appointment of judges to the constitutional court, under the terms of the constitution and the law; ordering investigations, inspections and enquiries into the legal services and proposing the necessary measures required to ensure their efficiency and improvement; proposing the appointment of members of the bench to the supreme court; appointing, placing, transferring and promoting judges, unless other provisions exist in the constitution and the law; organising the competitive submission of curricula for assessing the judges of the court of auditors. the high council of the judicial bench shall be presided over by the president of the supreme court and shall be composed of the following: three jurists appointed by the president of the republic, at least one of which must be a judge; five jurists appointed by the national assembly; ten judges elected by judges from amongst their peers. the term of office for members of the high council of the judicial bench referred to in paragraphs a), b) and c) of this article shall be give years and shall be renewable for one further term, under the terms of the law. the members of the high council of the judicial bench shall enjoy the same immunities as the judges of the supreme court. section iii. public prosecutors' office article 185. (institutional autonomy) the public prosecutor's office shall be the essential body of the attorney-general's office in terms of the judicial function of the state and shall enjoy autonomy and its own status. the autonomy of the prosecutor's office shall be characterised by the fact that it is bound by the criteria of legality and objectivity. the judges of the public prosecutor's office shall be accountable and shall form part of, and be subject to, a hierarchy, under the terms of the law. article 186. (responsibilities) the public prosecutor's office shall be responsible for representing the state, defending democratic legality and the interests defined by law, promoting the penal procedure and conducting penal actions, under the terms of the law, specifically: representing the state before the courts; providing legal counsel for those who are incapacitated or absent and for minors; promoting the penal procedure and conducting penal actions; defender collective and various interests; promoting the execution of judicial rulings; directing the preparatory phase of penal procedures, without prejudice to the overseeing of fundamental guarantees for citizens by judges, under the terms of the law. article 187. (status) the requirements and rules for entry and promotion within the career structure for public prosecutors shall be based on curricula, professional merits and length of service, under the terms of the law. access to high court positions shall be predominantly on the basis of merit determined by the competitive submission of curricula, open to judges and public prosecutors and other jurists of merit, under the terms decided by law. public prosecutors may not be transferred, suspended, retired or removed from office except in the cases prescribed in their statutes. public prosecutors shall be subject to the same incompatibilities and impediments as judges of the same rank and shall enjoy remuneration appropriate to the nature and exclusivity of their work. article 188. (immunities) public prosecutors may only be imprisoned after being charged when the infraction is punishable with a prison sentence of more than two years, except in the case of flagrante delito involving a felony punishable with the same sentence. article 189. (attorney-general's office) the attorney-general's office shall be the state body which represents the state, specifically by conducting penal actions, defending the rights of individuals and corporate bodies, defending the legality of the exercise of the judicial function and overseeing legality in the instructional phase of proceedings and in the implementation of penalties. the attorney-general's office shall enjoy administrative and financial autonomy, under the terms of the law. the public prosecutor's office, supreme judicial council of the public prosecutor's office and the military prosecutor's office shall be essential bodies of the attorney-general's office. the attorney general and deputy attorneys-general shall be appointed by the president of the republic on the recommendation of supreme judicial council of the public prosecutor's office for five-year terms of office which may be renewed once. the assistant attorneys-general shall represent the public prosecutor's office before the supreme court, constitutional court, court of auditors and other high courts. assistant attorneys-general shall be appointed by the president of the republic on the recommendation of supreme judicial council of the public prosecutor's office and the requirements shall be defined by law. a report on the work of the attorney-general's office shall be drawn up each year, submitted to the national assembly and forwarded to the other bodies that exercise sovereign power. article 190. (supreme judicial council of the public prosecutor's office) the supreme judicial council of the public prosecutor's office shall be the highest body responsible for the management and regulation of public prosecutors and shall function in plenary sittings and on the standing committee. the supreme judicial council of the public prosecutor's office shall be responsible for the assessment, appointment, placing, transfer and promotion of public prosecutors and for any disciplinary measures. the attorney-general shall preside over the supreme judicial council of the public prosecutor's office and it shall be composed of the following: the deputy attorneys-general; members elected by public prosecutors from amongst their peers; members appointed by the president of the republic; members elected by the national assembly. the term of office for members of the supreme judicial council of the public prosecutor's office referred to in paragraphs b), c) and d) of this article shall last five years and shall be renewable once, under the terms of the law. article 191. (military prosecutor's office) the military prosecutor's office shall be the organ of the attorney-general's office responsible for controlling and overseeing legality within the angolan armed forces, the national police force and the security and internal law bodies, guaranteeing strict compliance with the law. the organisation and functioning of the military prosecutor's office shall be regulated by law. section iv. essential justice institutions article 192. (ombudsman) the ombudsman shall be an independent public body whose purpose shall be to defend the rights, freedoms and guarantees of citizens ensuring, by informal means, the justice and legality of the public administration. the ombudsman and deputy ombudsman shall be elected by the national assembly on the decision of two thirds of members in full exercise of their office. the ombudsman and deputy ombudsman shall be sworn in by the president of the national assembly for a five-year term of office which may be renewed once. citizens and corporate bodies may present the ombudsman with complaints concerning acts or omissions by public authorities which they shall consider, with no powers of decision, submitting the necessary recommendations for the prevention and remedying of injustices to the appropriate bodies. the activity of the ombudsman shall be independent of the means for ruling on appeals or disputes provided for in the constitution and the law. it shall be the duty of public administration bodies and agents, citizens and other public collective bodies to cooperate with the work of the ombudsman. a report on the main complaints received and the recommendations made shall be drawn up each year, submitted to the assembly and forwarded to the other bodies that exercise sovereign power. the law shall establish the remaining functions and statutes of the ombudsman and deputy ombudsman, in addition to the entire support structure known as the ombudsman's office. article 193. (legal practice) legal practice is an essential institution in the administration of justice. lawyers serve justice and the rule of law, and shall be responsible for practicing legal consultancy and representation throughout national territory, as well as providing legal counsel, under the terms of the law. the bar association shall be responsible for regulating access to the legal profession and for regulating the profession and legal representation, under the terms of the law and its statutes. article 194. (guarantees for lawyers) lawyers shall enjoy immunity in their actions and in the legal representation procedures required in the exercise of their profession, within the limits enshrined in law. the inviolability of documents required in the exercise of their profession shall be guaranteed, within the limits prescribed by law, and only searches, seizures, inventories of property and similar forms of investigation undertaken on the basis of a judicial ruling effected in the presence of the appropriate judge, lawyer and representative of the bar association shall be admissible, when they involve an illegal act punishable by a prison sentence of more than two years and a lawyer is implicated. lawyers shall have the right to communicate personally and confidentially with their clients even when the latter are imprisoned or detained in civil or military establishments. article 195. (access to law and justice) the bar association shall be responsible for providing legal aid, access to the law and legal representation at all jurisdictional levels. the law shall regulate the organisation of the forms of legal aid, access to law and legal representation, as essential elements of the administration of justice, and the state must establish financial resources for these purposes. article 196. (public defence) the state shall ensure that the mechanisms for public defence are available to individuals with insufficient financial resources, with a view to providing legal aid and official legal representation at all levels. the law shall regulate the organisation and functioning of public defence. article 197. (justices of the peace) justices of the peace shall be permitted to resolve minor social conflicts. the law shall regulate the organisation and functioning of justices of the peace. title v. public administration chapter i. general principles article 198. (objectives and fundamental principles) under the terms of the constitution and the law, the public administration shall pursue the public interest and must, in the course of its activities, be governed by the principles of equality, legality, justice, proportionality, impartiality, accountability, administrative probity and respect for public assets. in pursuing the public interest, it must respect the rights and interests of individuals that are protected by law. article 199. (structure of the public administration) the public administration shall be structured on the basis of the principles of administrative simplification, bringing services closer to local people and administrative devolution and decentralisation. the law shall establish the forms and levels of individual participation and administrative devolution and decentralisation, without prejudice to the powers of the executive to manage, superintend and oversee the work of the public administration. the law may create institutions and independent administrative bodies. the organisation, functioning and duties of the independent administrative institutions shall be established by law. private bodies that exercise public powers shall be subject to inspection by public authorities, under the terms of the constitution and the law. article 200. (rights and guarantees of individuals under public administration) citizens shall have the right to be informed by the public administration of administrative processes that are liable to affect their legally protected rights and interests. citizens shall have he right to be informed by the administration of the progress of proceedings in which they have a direct interest, and learn of decisions that are taken with regard to them. the interested individuals must be notified, in the form prescribed by law, of administrative acts, which shall require express justification when they affect legally protected rights and interests. individuals shall be guaranteed the right to access archives and administrative records, without prejudice to the legal provisions for security and defence matters, state secrecy, criminal investigation and personal privacy. article 201. (local administration) local administration shall be exercised by decentralised bodies and shall aim to ensure, at local level, that the responsibilities and specific interests of the state administration are realised in the respective administrative division, without prejudice to the authority of the local authorities. the provincial governor shall be the central administration representative in the respective province and shall, in general terms, be responsible for governing the province and ensuring the normal functioning of the local administration. the provincial governor shall be appointed by the president of the republic, to whom he shall be politically and institutionally accountable. the organisation and functioning of local administration bodies shall be regulated by law. chapter ii. national security article 202. (objectives and grounds for national security) the state, with the involvement of citizens, shall be responsible for guaranteeing national security, observing the constitution, the law and any international instruments to which angola is a party. the objective of national security shall be to guarantee and safeguard national independence and sovereignty, territorial integrity, the democratic state based on the rule of law, liberty and the defence of the territory against any threats or attacks, as well as achieving cooperation for national development and contributing towards international peace and security. the organisation and functioning of the national security system shall be regulated by law. article 203. (right to national security and legitimate defence) the republic of angola shall act using all appropriate legitimate means to preserve national security and shall reserve the right to resort to legitimate force to restore peace and public order, in compliance with the constitution, the law and international law. article 204. (state of constitutional need) within the context of preserving national security and maintaining public order, the president of the republic may declare, according to the demands of particular situations, constitutional states of need, under the terms of the constitution and the law. constitutional states of need shall be states of war, state of siege or states of emergency, which shall be effective from the time they are declared until they are formally ended. states of war, siege or emergency shall be regulated by law. article 205. (restrictions on the exercise of rights) strictly to the extent required by the specific demands of the functions in question, the law may impose restrictions on the right to stand for election and the exercise of the rights of expression, meeting, demonstration, association and petition and other similar rights for serving national security agents, namely military personnel, police officers and agents. chapter iii. national defence and the armed forces article 206. (national defence) the objectives of national defence shall be to guarantee the defence of national sovereignty and independence, territorial integrity and constitutional powers and, through these, law and order, ensuring the freedom and security of the population against acts of aggression and any other type of external or internal threat and the development of missions in the public interest, under the terms of the constitution and the law. the organisation and functioning of national defence shall be established by law. article 207. (the angolan armed forces) the angolan armed forces shall be the permanent, regular and non-partisan national military institution entrusted with the military defence of the country, organised on a hierarchical basis and owing discipline and obedience to the appropriate sovereign bodies under the supreme authority of the president of the republic and commander-in-chief, under the terms of the constitution and the law, and any international conventions to which angola may be a party. the angolan armed forces shall be composed exclusively of angolan citizens and shall possess a single organisational structure for the whole of national territory. the law shall regulate the organisation, functioning, discipline, training and employment of the angolan armed forces in peacetime and in times of crisis and conflict. article 208. (defence of the nation and military service) the defence of the nation and citizens' rights shall be a right and a fundamental duty of all angolans. military service shall be regulated by law, which shall establish its forms, nature and content. chapter iv. guarantee of order and the national police force article 209. (guarantee of order) the objective of the guarantee of order is to defend public peace and security, ensure and protect institutions, citizens and their respective property and fundamental rights and freedoms against violent or organised crime and other types of threats or risks, with strict respect for the constitution, the laws and any international conventions to which angola may be a party. the organisation and functioning of the bodies which ensure public order shall be established by law. article 210. (national police force) the national police force shall be the national, permanent, regular and nonpartisan police institution, organised on a hierarchical basis and in terms of the discipline required for the protection and safety of the country by the police force, with strict respect for the constitution, the laws and any international conventions to which angola may be a party. the national police force shall be composed exclusively of angolan citizens and shall possess a single organisational structure for the whole of national territory. the law shall regulate the organisation and functioning of the national police force. chapter v. preservation of state security article 211. (preserving the security of the state) the objective of preserving the security of the estate shall be to safeguard the democratic state based on the rule of law against violent or organised crime and other types of threats or risks, with respect for the constitution, the laws and any international conventions to which angola may be a party. the preservation of state security shall include the institutional elements of the state intelligence and security bodies. the organisation and functioning of the preservation of state security shall be established by law. article 212. (state intelligence and security bodies) the state intelligence and security bodies shall be entrusted with producing intelligence and analysis and adopting state intelligence and security measures required to preserve the democratic state based on the rule of law and public peace. the law shall regulate the organisation, functioning and oversight of the intelligence and security services. title vi. local government chapter i. general principles article 213. (autonomous local government bodies) the democratic organisation of the state at local level shall be structured on the basis of the principle of political and administrative decentralisation, which shall include forms of local government organisation, under the terms of this constitution. the forms of local government organisation shall include local authorities, the institutions of the traditional authorities and other specific forms of citizen participation, under the terms of the law. article 214. (principle of local autonomy) local autonomy shall include the right and effective capacity of the local authorities to manage and issue regulations for local public matters, under the terms of the constitution and the law, on their own account and in the interests of the respective local populations. the right referred to in the previous point shall be exercised by the local authorities, under the terms of the law. article 215. (scope of local autonomy) the financial resources of local authorities must be proportional to the responsibilities prescribed in the constitution or by law and to the development programmes that have been approved. it shall be established by law that part of local authority financial resources must come from local revenue and taxes. article 216. (local authority guarantees) local authorities shall have the right to lodge a legal appeal to ensure the free exercise of their duties and respect for the principles of local autonomy enshrined in the constitution or in law. chapter ii. local authorities article 217. (local authorities) local authorities shall be corporate territorial bodies corresponding to groupings of residents in certain divisions of national territory which shall ensure and pursue the specific interests of the local area through their own bodies, representing the respective local populations. the organisation and functioning of the local authorities and the responsibilities of their bodies shall be regulated by law, in accordance with the principle of administrative decentralisation. the law shall define local authority assets and shall establish a system for local finance with the aim of ensuring that public resources are shared fairly between the state and the local authorities, inequalities amongst local authorities are corrected as necessary, the revenue is appropriately collected and spending limits are adhered to. local authorities shall enjoy their own regulatory powers, under the terms of the law. article 218. (categories of local authority) local authorities shall be organised into municipalities. local authorities may be created at supra-municipal level, taking specific cultural and historical features and levels of development into consideration. the law may also establish, in accordance with specific conditions, other infra-municipal scales for the territorial organization of autonomous local government. article 219. (responsibilities) under the terms of the law, local authorities shall have responsibilities in the spheres of education, health, energy, water, rural and urban facilities, heritage, culture and science, transport and communications, leisure time and sporting activities, housing, social services, civil defence, the environment and basic sanitation, consumer rights, the promotion of economic and social development, town and country planning, the municipal police force, decentralised cooperation and twinning. article 220. (local authority bodies) local authority organisations shall comprise an assembly with decision making powers, a collegiate executive body and a president. the assembly shall be composted of local representatives elected by the universal, equal, free, direct, secret and periodic suffrage of the citizens who comprise the electorate in the respective local authority area, in accordance with the system of proportional representation. the collegiate executive body shall be composed of a president and the secretaries he appoints, all of whom shall be accountable to the local government assembly. the chair of the local authority executive body shall be the first candidate on the list that received the most votes for the assembly. nominations for election to local authority bodies may be submitted by political parties, either individually or as coalitions, or by groups of registered electors, under the terms of the law. (projects b and c approved by consensus) article 221. (administrative supervision) local authorities shall be subject to administrative supervision by the executive. the administrative supervision of local authorities shall consist of verification of the compliance of local authority bodies with the law and shall be exercised under the terms of the law. local authority bodies, even if elected, may only be dissolved for serious illegal acts or omissions. local authorities may legally challenge any illegalities committed by the supervisory body in the exercise of its supervisory powers. article 222. (solidarity and cooperation) with encouragement from the state, local authorities must promote solidarity with each other on the basis of their specific characteristics, with the aim of reducing local and regional imbalances and imbalances in national development. the law shall guarantee the forms of cooperation and organisation which local authorities may adopt in order to pursue common interests, which shall be endowed with their own attributions and responsibilities. chapter iii. institutions of the traditional authorities article 223. (recognition) the state shall recognise the status, role and functions of the institutions of the traditional authorities founded in accordance with customary law which do not contradict the constitution. recognition of the institutions of the traditional authorities shall oblige public and private entities to respect, in their relations with these institutions, the values and norms of customary law that are observed within traditional political and community organisations and do not conflict with the constitution or the dignity of the human person. article 224. (traditional authorities) the traditional authorities shall be the entities which personify and exercise power within the respective political and community organisations, in accordance with the values and norms of customary law and respecting the constitution and the law. article 225. (attributions, responsibilities and organisation) the attributions, responsibilities, organisation, system of control, liability and assets of the institutions of the traditional authorities, their institutional relations with state local administration and local authority administration bodies and the types of traditional authorities shall be regulated by law. title vii. guarantees of the constitution and control of constitutionality chapter i. review of constitutionality section i. general principles article 226. (constitutionality) the validity of laws and the various acts of the state, the public administration and the local authorities shall depend on their compliance with the constitution. laws or acts which violate the principles and norms enshrined in this constitution shall be unconstitutional. article 227. (objective of review) all acts which constitute violations of constitutional principles and norms shall be subject to a review of their constitutionality, specifically: legislation; international treaties, conventions and agreements; revisions of the constitution; referenda. section ii. abstract prior review article 228. (prior review of constitutionality) the president of the republic may ask the constitutional court to conduct a prior review of the constitutionality of any rule contained in legislation that has been submitted for enactment, any international treaty submitted to him for ratification or any international agreement sent to him for signature. one tenth of the members of the national assembly in full exercise of their office may also request a prior review of the constitutionality of any rule contained in legislation that has been submitted for enactment a prior review of constitutionality must be requested within twenty days of reception of the legislation in question. the constitutional court must pronounce within forty-eight days, which may be reduced due to urgency if so requested by the president of the republic or one tenth of the members of the assembly in full exercise of their office. article 229. (effect of prior review) legislation for which a prior review of constitutionality has been requested from the constitutional court may not be enacted, signed or ratified before the constitutional court has delivered its ruling. if the constitutional court declares that any rule contained in a piece of legislation, treaty, convention or international agreement is unconstitutional, it must be vetoed by the president of the republic and returned to the body which had approved it. in cases provided for under the previous point, the legislation, treaty, convention or international agreement may not be enacted, ratified or signed, as appropriate, unless the body that passed it expunges the rule that has been deemed unconstitutional. if the legislation, treaty, convention or international agreement is reformulated, the president of the republic or the members who had contested its constitutionality may request a prior review of the constitutionality of any of its rules. section iii. ex-post abstract control article 230. (legitimacy) the constitutional court shall consider and shall declare with generally binding force the unconstitutionality or otherwise of any rule. the following may request a declaration of unconstitutionality from the constitutional court: the president of the republic; one tenth of the members of the assembly of the republic in full exercise of their office; parliamentary groups; the attorney-general; the ombudsman; the bar association of angola. article 231. (effects of abstract review) a declaration of unconstitutionality with generally binding force shall be effective from the date on which the rule that has been declared unconstitutional came into force and shall lead to the revalidation of the rule that has been revoked. however, in the case of unconstitutionality due to an infraction of a subsequent constitutional rule, the declaration shall only be effective from the date on which the latter comes into force. rulings in cases that have already been tried shall stand, save when the constitutional court rules to the contrary in relation to rules concerning penal or disciplinary matters or administrative offences and their contents were less favourable to the defendant. when required for the purposes of legal certainty, reasons of fairness or matters of exceptionally important public interest, which must be duly justified, the constitutional court may rule that the scope of the effects of the unconstitutionality or illegality shall be more restricted than those provided for in points 1 and 2 of this article. article 232. (unconstitutionality by omission) the president of the republic, one fifth of the members in full exercise of their office and the attorney-general may request the constitutional court to rule on unconstitutionality by omission. whenever the constitutional court determines unconstitutionality by omission it shall inform the appropriate legislative body in order to enable it to amend the omission. chapter ii. revision of the constitution article 233. (initiative for revision) the president of the republic or one third of the members of the national assembly in full exercise of their office shall be responsible for initiating a revision of the constitution. article 234. (passage and enactment) alterations to the constitution shall be approved by a two-thirds majority of members in full exercise of their office. the president of the republic shall not refuse to enact the constitutional revision law, although he shall have the authority to request a prior review by the constitutional court. alterations to the constitution which are approved shall be collected together in a single revision law. the new text of the constitution shall be published together with the revision law. article 235. (time limits) the national assembly may review the constitution five years after it has come into force or five years after the last ordinary revision. the national assembly may assume extraordinary revision powers at any time, on the basis of a decision by a two-thirds majority of members in full exercise of their office. article 236. (material limits) alterations to the constitution must respect: the dignity of the human person; national independence, territorial integrity and unity; the republican nature of the government; the unitary nature of the state; essential core rights, freedoms and guarantees; the state based on the rule of law and pluralist democracy; the secular nature of the state and the principle of the separation of church and state; universal, direct, secret and periodic suffrage in the election of officeholders to sovereign and local authority bodies; the independence of the courts; the separation and interdependence of the bodies that exercise sovereign power; local autonomy. article 237. (circumstantial limits) no alterations may be made to the constitution during a state of war, siege or emergency. title viii. final and transitional provisions article 238. (entry onto force) the constitution of the republic of angola shall come into force on the date of its publication in the didrio da republic (official gazette), without prejudice to the provisions contained in the articles which follow. article 239. (force of previous laws) the ordinary law that existed prior to the constitution coming into force shall be maintained provided that it does not contradict the constitution. article 240. (national assembly) the terms of office for serving members of the national assembly on the date on which the constitution of the republic of angola comes into force shall be maintained until the members elected under the terms of this constitution take up office. article 241. (president of the republic) the serving president of the republic on the date on which the constitution of the republic of angola comes into force shall remain in office until the president of the republic elected under the terms of this constitution is inaugurated. from the time when this constitution comes into force, the president of the republic shall exercise executive power, namely the right to appoint his aides and carry out other duties on the basis of the rules and principles contained in this constitution. the organisation and functioning of the state administration and the indirect and autonomous state authorities must be adjusted to the provisions contained in this constitution. article 242. (gradualism) the effective institutionalisation of local authorities shall obey the principle of gradualism. the appropriate state bodies shall determine by law opportunities for its creation, the gradual enlargement of responsibilities, the level of supervision and the transition between the local administration and the local authorities. article 243. (deferred appointment of members of the bench) high court judges must be appointed in such a way as to prevent their total simultaneous replacement. article 244. (amnesty) there shall be an amnesty for military crimes, crimes against state security and other related crimes, together with crimes committed by military personnel and agents of the security and public order forces committed in any form within the context of the political and military conflict which ended in 2002. annex i. the national flag the national flag shall display two colours in horizontal bands. the upper band shall be bright red and the lower one black and they shall represent: bright red the blood shed by angolans during the period of colonial oppression and the national liberation struggle and in defence of the country; black the african continent. in the centre there shall be a design composed of a segment of a cog wheel, symbolising the workers and industrial production, a machete, symbolizing the peasants, agricultural production and the armed struggle, and a star, symbolizing international solidarity and progress. the cog wheel, the machete and the star shall be yellow, symbolizing the country's wealth. annex ii. the national insignia the insignia of the republic of angola shall be composed of a segment of a cog wheel and sheaves of maize, coffee and cotton, representing the workers and industrial production, the peasants and agricultural production, respectively . at the foot of the design, an open book shall represent education and culture, and the rising sun shall represent the new country. in the centre there shall be a machete and a hoe symbolising work and the start of the armed struggle. at the top there shall be a star symbolising international solidarity and progress. below the emblem there shall be a golden band with the inscription 'angola'. annex iii. the national anthem national anthem of the republic of angola forward, angola " o fatherland, we shall never forget the heroes of the fourth of february o fatherland, we salute your sons who died for our independence we honour the past and our history as by our work we create the new man we honour the past and our history as by our work we create the new man forward, angola, revolution through the power of the people a united country, freedom one people, one nation forward, angola, revolution through the power of the people a united country, freedom one people, one nation let us raise our free voices to the glory of the african people march on, angolan fighters in solidarity with the oppressed fighting proudly for peace with the world's progressive forces fighting proudly for peace with the world's progressive forces forward, angola, revolution through the power of the people a united country, freedom one people, one nation forward, angola, revolution through the power of the people a united country, freedom one people, one nation preamble considering the state tradition of the serbian people and equality of all citizens and ethnic communities in serbia, considering also that the province of kosovo and metohija is an integral part of the territory of serbia, that it has the status of a substantial autonomy within the sovereign state of serbia and that from such status of the province of kosovo and metohija follow constitutional obligations of all state bodies to uphold and protect the state interests of serbia in kosovo and metohija in all internal and foreign political relations, the citizens of serbia adopt part 1. constitution principles article 1. republic of serbia republic of serbia is a state of serbian people and all citizens who live in it, based on the rule of law and social justice, principles of civil democracy, human and minority rights and freedoms, and commitment to european principles and values. article 2. sovereignty holders sovereignty is vested in citizens who exercise it through referendums, people's initiative and freely elected representatives. no state body, political organization, group or individual may usurp the sovereignty from the citizens, nor establish government against freely expressed will of the citizens. article 3. rule of law rule of law is a fundamental prerequisite for the constitution which is based on inalienable human rights. the rule of law shall be exercised through free and direct elections, constitutional guarantees of human and minority rights, separation of power, independent judiciary and observance of constitution and law by the authorities. article 4. division of power the legal system is unique. government system shall be based on the division of power into legislative, executive and judiciary. relation between three branches of power shall be based on balance and mutual control. judiciary power shall be independent. article 5. political parties the role of political parties in democratic shaping of the political will of the citizens shall be guaranteed and recognized. political parties may be established freely. activities of political parties aiming at forced overthrow of constitutional system, violation of guaranteed human or minority rights, inciting racial, national or religious hatred, shall be prohibited. political parties may not exercise power directly or submit it to their control. article 6. prohibition of the conflict of interests no person may perform a state or public function in conflict with their other functions, occupation or private interests. the presence of conflict of interest and liability for its resolution shall be regulated by the constitution and law. article 7. coat of arms, flag and national anthem the republic of serbia shall have coat of arms, flag and national anthem. the coat of arms of the republic of serbia shall be used in the form of the large coat of arms and small coat of arms. the flag of the republic of serbia shall exist and be used as the national flag and state flag. national anthem of the republic of serbia shall be official song "boze pravde." appearance and use of the coat of arms, flag and national anthem shall be regulated by law. article 8. territory and border the territory of the republic of serbia is inseparable and indivisible. the border of the republic of serbia is inviolable and may be altered in a procedure applied to amend the constitution. article 9. capital city the capital city of the republic of serbia is belgrade. article 10. language and script serbian language and cyrillic script shall be in official use in the republic of serbia. official use of other languages and scripts shall be regulated by the law based on the constitution. article 11. secularity of the state the republic of serbia is a secular state. churches and religious communities shall be separated from the state. no religion may be established as state or mandatory religion. article 12. provincial autonomy and local self-government state power is restricted by the right of citizens to provincial autonomy and local self-government. the right of citizens to provincial autonomy and local self-government shall be subjected only to supervision of constitutionality and legality. article 13. protection of citizens and serbs abroad the republic of serbia shall protect the rights and interests of its citizens in abroad. the republic of serbia shall develop and promote relations of serbs living abroad with the kin state. article 14. protection of national minorities the republic of serbia shall protect the rights of national minorities. the state shall guarantee special protection to national minorities for the purpose of exercising full equality and preserving their identity. article 15. gender equality the state shall guarantee the equality of women and men and develop equal opportunities policy. article 16. international relations the foreign policy of the republic of serbia shall be based on generally accepted principles and rules of international law. generally accepted rules of international law and ratified international treaties shall be an integral part of the legal system in the republic of serbia and applied directly. ratified international treaties must be in accordance with the constitution. article 17. status of foreign nationals pursuant to international treaties, foreign nationals in the republic of serbia shall have all rights guaranteed by the constitution and law with the exception of rights to which only the citizens of the republic of serbia are entitled under the constitution and law. part 2. human and minority rights and freedoms 1. fundamental principles article 18. direct implementation of guaranteed rights human and minority rights guaranteed by the constitution shall be implemented directly. the constitution shall guarantee, and as such, directly implement human and minority rights guaranteed by the generally accepted rules of international law, ratified international treaties and laws. the law may prescribe manner of exercising these rights only if explicitly stipulated in the constitution or necessary to exercise a specific right owing to its nature, whereby the law may not under any circumstances influence the substance of the relevant guaranteed right. provisions on human and minority rights shall be interpreted to the benefit of promoting values of a democratic society, pursuant to valid international standards in human and minority rights, as well as the practice of international institutions which supervise their implementation. article 19. purpose of constitutional guarantees guarantees for inalienable human and minority rights in the constitution have the purpose of preserving human dignity and exercising full freedom and equality of each individual in a just, open, and democratic society based on the principle of the rule of law. article 20. restriction of human and minority rights human and minority rights guaranteed by the constitution may be restricted by the law if the constitution permits such restriction and for the purpose allowed by the constitution, to the extent necessary to meet the constitutional purpose of restriction in a democratic society and without encroaching upon the substance of the relevant guaranteed right. attained level of human and minority rights may not be lowered. when restricting human and minority rights, all state bodies, particularly the courts, shall be obliged to consider the substance of the restricted right, pertinence of restriction, nature and extent of restriction, relation of restriction and its purpose and possibility to achieve the purpose of the restriction with less restrictive means. article 21. prohibition of discrimination all are equal before the constitution and law. everyone shall have the right to equal legal protection, without discrimination. all direct or indirect discrimination based on any grounds, particularly on race, sex, national origin, social origin, birth, religion, political or other opinion, property status, culture, language, age, mental or physical disability shall be prohibited. special measures which the republic of serbia may introduce to achieve full equality of individuals or group of individuals in a substantially unequal position compared to other citizens shall not be deemed discrimination. article 22. protection of human and minority rights and freedoms everyone shall have the right to judicial protection when any of their human or minority rights guaranteed by the constitution have been violated or denied, they shall also have the right to elimination of consequences arising from the violation. the citizens shall have the right to address international institutions in order to protect their freedoms and rights guaranteed by the constitution. 2. human rights and freedoms article 23. dignity and free development of individuals human dignity is inviolable and everyone shall be obliged to respect and protect it. everyone shall have the right to free development of his personality if this does not violate the rights of others guaranteed by the constitution. article 24. right to life human life is inviolable. there shall be no death penalty in the republic of serbia. cloning of human beings shall be prohibited. article 25. inviolability of physical and mental integrity physical and mental integrity is inviolable. nobody may be subjected to torture, inhuman or degrading treatment or punishment, nor subjected to medical and other experiments without their free consent. article 26. prohibition of slavery, servitude and forced labor no person may be kept in slavery or servitude. all forms of human trafficking are prohibited. forced labor is prohibited. sexual or financial exploitation of person in unfavorable position shall be deemed forced labor. labor or service of persons serving sentence of imprisonment if their labor is based on the principle of voluntarily with financial compensation, labor or service of military persons, nor labor or services during war or state of emergency in accordance with measures prescribed on the declaration of war or state of emergency, shall not be considered forced labor. article 27. right to freedom and security everyone has the right to personal freedom and security. depriving of liberty shall be allowed only on the grounds and in a procedure stipulated by the law. any person deprived of liberty by a state body shall be informed promptly in a language they understand about the grounds for arrest or detention, charges brought against them, and their rights to inform any person of their choice about their arrest or detention without delay. any person deprived of liberty shall have the right to initiate proceedings where the court shall review the lawfulness of arrest or detention and order the release if the arrest or detention was against the law. any sentence which includes deprivation of liberty may be proclaimed solely by the court. article 28. treatment of persons deprived of liberty persons deprived of liberty must be treated humanely and with respect to dignity of their person. any violence towards persons deprived of liberty shall be prohibited. extorting a statement shall be prohibited. article 29. special rights in case of arrest and detention without decision of the court any person deprived of liberty without decision of the court shall be informed promptly about the right to remain silent and about the right to be questioned only in the presence of a defense counsel they chose or a defense counsel who will provide legal assistance free of charge if they are unable to pay for it. any person deprived of liberty without a decision of the court must be brought before the competent court without delay and not later than 48 hours, otherwise they shall be released. article 30. detention any person under reasonable doubt of committing a crime may be remanded to detention only upon the decision of the court, should detention be necessary to conduct criminal proceedings. if the detainee has not been questioned when making a decision on detention or if the decision on holding in detention has not been carried out immediately after the pronouncement, the detainee must be brought before the competent court within 48 hours from the time of sending to detention which shall reconsider the decision on detention. a written decision of the court with explanation for reasons of detention shall be delivered to the detainee not later than 12 hours after pronouncing. the court shall decide on the appeal to decision detention and deliver it to the detainee within 48 hours. article 31. duration of detention the court shall reduce the duration of detention to the shortest period possible, keeping in mind the grounds for detention. sentencing to detention under a decision of the court of first instance shall not exceed three months during investigation, whereas higher court may extend it for another three months, in accordance with the law. if the indictment is not raised by the expiration of the said period, the detainee shall be released. the court shall reduce the duration of detention after the bringing of charges to the shortest possible period, in accordance with the law. detainee shall be allowed pre-trial release as soon as grounds for remanding to detention cease to exist. article 32. right to a fair trial everyone shall have the right to a public hearing before an independent and impartial tribunal established by the law within reasonable time which shall pronounce judgment on their rights and obligations, grounds for suspicion resulting in initiated procedure and accusations brought against them. everyone shall be guaranteed the right to free assistance of an interpreter if the person does not speak or understand the language officially used in the court and the right to free assistance of an interpreter if the person is blind, deaf, or dumb. the press and public may be excluded from all or part of the court procedure only in the interest of protecting national security, public order and morals in a democratic society, interests of juveniles or the protection of private life of the parties, in accordance with the law. article 33. special rights of persons charged with criminal offense any person charged with criminal offense shall have the right to be informed promptly, in accordance with the law, in the language which this person understands and in detail about the nature and cause of the accusation against him, as well as the evidence against him. any person charged with criminal offense shall have the right to defend himself personally or through legal counsel of his own choosing, to contact his legal counsel freely and to be allowed adequate time and facilities for preparing his defense. any person charged with criminal offense without sufficient means to pay for legal counsel shall have the right to a free legal counsel when the interests of justice so require and in compliance with the law. any person charged with criminal offense available to the court shall have the right to a trial in his presence and may not be sentenced unless he has been given the opportunity to a hearing and defense. any person prosecuted for criminal offense shall have the right to present evidence in his favor by himself or through his legal counsel, to examine witnesses against him and demand that witnesses on his behalf be examined under the same conditions as the witnesses against him and in his presence. any person prosecuted for criminal offense shall have the right to a trial without undue delay. any person charged or prosecuted for criminal offense shall not be obligated to provide self-incriminating evidence or evidence to the prejudice of persons related to him, nor shall he be obliged to confess guilt. any other natural person prosecuted for other offenses punishable by law shall have all the rights of a person charged with criminal offense pursuant to the law and in accordance with it. article 34. legal certainty in criminal law no person may be held guilty for any act which did not constitute a criminal offense under law or any other regulation based on the law at the time when it was committed, nor shall a penalty be imposed which was not prescribed for this act. the penalties shall be determined pursuant to a regulation in force at the time when the act was committed, save when subsequent regulation is more lenient for the perpetrator. criminal offenses and penalties shall be laid down by the law. everyone shall be presumed innocent for a criminal offense until convicted by a final judgment of the court. no person may be prosecuted or sentenced for a criminal offense for which he has been acquitted or convicted by a final judgment, for which the charges have been rejected or criminal proceedings dismissed by final judgment, nor may court ruling be altered to the detriment of a person charged with criminal offense by extraordinary legal remedy. the same prohibitions shall be applicable to all other proceedings conducted for any other act punishable by law. in special cases, reopening of proceedings shall be allowed in accordance with criminal legislation if evidence is presented about new facts which could have influenced significantly the outcome of proceedings had they been disclosed at the time of the trial, or if serious miscarriage of justice occurred in the previous proceedings which might have influenced its outcome. criminal prosecution or execution of punishment for a war crime, genocide, or crime against humanity shall not be subject to statute of limitation. article 35. right to rehabilitation and compensation any person deprived of liberty, detained or convicted for a criminal offense without grounds or unlawfully shall have the right to rehabilitation and compensation of damage by the republic of serbia, as well as other rights stipulated by the law. everyone shall have the right to compensation of material or non-material damage inflicted on him by unlawful or irregular work of a state body, entities exercising public powers, bodies of the autonomous province or local self-government. the law shall stipulate conditions under which the injured party may demand compensation for damage directly from the person that inflicted the damage. article 36. right to equal protection of rights and legal remedy equal protection of rights before courts and other state bodies, entities exercising public powers and bodies of the autonomous province or local self-government shall be guaranteed. everyone shall have the right to an appeal or other legal remedy against any decision on his rights, obligations or lawful interests. article 37. right to legal person everyone shall have legal capacity. upon becoming of age all persons shall become capable of deciding independently about their rights and obligations. a person becomes of age after turning 18. a person may choose and use personal name and name of their children freely. article 38. right to citizenship acquiring and terminating citizenship of the republic of serbia shall be regulated by the law. a citizen of the republic of serbia may not be expelled or deprived of citizenship or the right to change it. any child born in the republic of serbia shall have the right to citizenship of the republic of serbia unless conditions have been met to acquire citizenship of some other country. article 39. freedom of movement everyone shall have the right to free movement and residence in the republic of serbia, as well as the right to leave and return. freedom of movement and residence, as well as the right to leave the republic of serbia may be restricted by the law if necessary for the purpose of conducting criminal proceedings, protection of public order, prevention of spreading contagious diseases or defense of the republic of serbia. entry and stay of foreign nationals in the republic of serbia shall be regulated by the law. a foreign national may be expelled only under decision of the competent body, in a procedure stipulated by the law and if time to appeal has been provided for him and only when there is no threat of persecution based on his race, sex, religion, national origin, citizenship, association with a social group, political opinions, or when there is no threat of serious violation of rights guaranteed by this constitution. article 40. inviolability of home a person's home shall be inviolable. no one may enter a person's home or other premises against the will of their tenant nor conduct a search in them. the tenant of the home or other premises shall have the right to be present during the search in person or through his legal representative together with two other witnesses who may not be under age. entering a person's home or other premises, and in special cases conducting search without witnesses, shall be allowed without a court order if necessary for the purpose of immediate arrest and detention of a perpetrator of a criminal offense or to eliminate direct and grave danger for people or property in a manner stipulated by the law. article 41. confidentiality of letters and other means of communication confidentiality of letters and other means of communication shall be inviolable. derogation shall be allowed only for a specified period of time and based on decision of the court if necessary to conduct criminal proceedings or protect the safety of the republic of serbia, in a manner stipulated by the law. article 42. protection of personal data protection of personal data shall be guaranteed. collecting, keeping, processing and using of personal data shall be regulated by the law. use of personal data for any the purpose other the one were collected for shall be prohibited and punishable in accordance with the law, unless this is necessary to conduct criminal proceedings or protect safety of the republic of serbia, in a manner stipulated by the law. everyone shall have the right to be informed about personal data collected about him, in accordance with the law, and the right to court protection in case of their abuse. article 43. freedom of thought, conscience and religion freedom of thought, conscience, beliefs and religion shall be guaranteed, as well as the right to stand by one's belief or religion or change them by choice. no person shall have the obligation to declare his religious or other beliefs. everyone shall have the freedom to manifest their religion or religious beliefs in worship, observance, practice and teaching, individually or in community with others, and to manifest religious beliefs in private or public. freedom of manifesting religion or beliefs may be restricted by law only if that is necessary in a democratic society to protect lives and health of people, morals of democratic society, freedoms and rights guaranteed by the constitution, public safety and order, or to prevent inciting of religious, national, and racial hatred. parents and legal guardians shall have the right to ensure religious and moral education of their children in conformity with their own convictions. article 44. churches and religious communities churches and religious communities are equal and separated from the state. churches and religious communities shall be equal and free to organize independently their internal structure, religious matters, to perform religious rites in public, to establish and manage religious schools, social and charity institutions, in accordance with the law. constitutional court may ban a religious community only if its activities infringe the right to life, right to mental and physical health, the rights of child, right to personal and family integrity, public safety and order, or if it incites religious, national or racial intolerance. article 45. conscientious objection no person shall be obliged to perform military or any other service involving the use of weapons if this opposes his religion or beliefs. any person pleading conscientious objection may be called upon to fulfill military duty without the obligation to carry weapons, in accordance with the law. article 46. freedom of thought and expression the freedom of thought and expression shall be guaranteed, as well as the freedom to seek, receive and impart information and ideas through speech, writing, art or in some other manner. freedom of expression may be restricted by the law if necessary to protect rights and reputation of others, to uphold the authority and objectivity of the court and to protect public health, morals of a democratic society and national security of the republic of serbia. article 47. freedom of expressing national affiliation national affiliation may be expressed freely. no person shall be obliged to declare his national affiliation. article 48. promotion of respect for diversity the republic of serbia shall promote understanding, recognition and respect of diversity arising from specific ethnic, cultural, linguistic or religious identity of its citizens through measures applied in education, culture and public information. article 49. prohibition of inciting racial, ethnic and religious hatred any inciting of racial, ethnic, religious or other inequality or hatred shall be prohibited and punishable. article 50. freedom of the media everyone shall have the freedom to establish newspapers and other forms of public information without prior permission and in a manner laid down by the law. television and radio stations shall be established in accordance with the law. censorship shall not be applied in the republic of serbia. competent court may prevent the dissemination of information through means of public informing only when this is necessary in a democratic society to prevent inciting to violent overthrow of the system established by the constitution or to prevent violation of territorial integrity of the republic of serbia, to prevent propagation of war or instigation to direct violence, or to prevent advocacy of racial, ethnic or religious hatred enticing discrimination, hostility or violence. the law shall regulate the exercise of right to correct false, incomplete or inaccurately imparted information resulting in violation of rights or interests of any person, and the right to react to communicated information. article 51. right to information everyone shall have the right to be informed accurately, fully and timely about issues of public importance. the media shall have the obligation to respect this right. everyone shall have the right to access information kept by state bodies and organizations with delegated public powers, in accordance with the law. article 52. electoral right every citizen of age and working ability of the republic of serbia shall have the right to vote and be elected. suffrage shall be universal and equal for all, the elections shall be free and direct and voting is carried out by secret ballot in person. election right shall be protected by the law and in accordance with the law. article 53. right to participate in management of public affairs citizens shall have the right to take part in the management of public affairs and to assume public service and functions under equal conditions. article 54. freedom of assembly citizens may assemble freely. assembly held indoors shall not be subjected to permission or registering. gathering, demonstrations and other forms of assembly held outdoors shall be reported to the state body, in accordance with the law. freedom of assembly may be restricted by the law only if necessary to protect public health, morals, rights of others or the security of the republic of serbia. article 55. freedom of association freedom of political, union and any other form of association shall be guaranteed, as well as the right to stay out of any association. associations shall be formed without prior approval and entered in the register kept by a state body, in accordance with the law. secret and paramilitary associations shall be prohibited. constitutional court may ban only such associations the activity of which is aimed at violent overthrow of constitutional order, violation of guaranteed human or minority rights, or inciting of racial, national and religious hatred. judges of constitutional court, judges, public prosecutors, defender of citizens, members of police force and military persons may not be members of political parties. article 56. right to petition everyone shall have the right to put forward petitions and other proposals alone or together with others, to state bodies, entities exercising public powers, bodies of the autonomous province and local self-government units and to receive reply from them if they so request. no person may suffer detrimental consequences for putting forward a petition or proposal. no person may suffer detrimental consequences for opinions stated in the petition or proposal unless they constitute a criminal offense. article 57. right to asylum any foreign national with reasonable fear of prosecution based on his race, gender, language, religion, national origin or association with some other group, political opinions, shall have the right to asylum in the republic of serbia. the procedure for granting asylum shall be regulated by the law. article 58. right to property peaceful tenure of a person's own property and other property rights acquired by the law shall be guaranteed. right of property may be revoked or restricted only in public interest established by the law and with compensation which can not be less than market value. the law may restrict the manner of using the property. seizure or restriction of property to collect taxes and other levies or fines shall be permitted only in accordance with the law. article 59. right to inheritance right to inheritance shall be guaranteed in accordance with the law. right to inheritance may not be denied or restricted for failing to observe public duties. article 60. right to work right to work shall be guaranteed in accordance with the law. everyone shall have the right to choose his occupation freely. all work places shall be available to everyone under equal conditions. everyone shall have the right to respect of his person at work, safe and healthy working conditions, necessary protection at work, limited working hours, daily and weekly interval for rest, paid annual holiday, fair remuneration for work done and legal protection in case of termination of working relations. no person may forgo these rights. women, young and disabled persons shall be provided with special protection at work and special work conditions in accordance with the law. article 61. right to strike the employed shall have the right to strike in accordance with the law and collective agreement. the right to strike may be restricted only by the law in accordance with nature or type of business activity. article 62. right to enter into marriage and equality of spouses everyone shall have the right to decide freely on entering or dissolving a marriage. marriage shall be entered into based on the free consent of man and woman before the state body. contracting, duration or dissolution of marriage shall be based on the equality of man and woman. marriage, marital and family relations shall be regulated by the law. extramarital community shall be equal with marriage, in accordance with the law. article 63. freedom to procreate everyone shall have the freedom to decide whether they shall procreate or not. the republic of serbia shall encourage the parents to decide to have children and assist them in this matter. article 64. rights of the child a child shall enjoy human rights suitable to their age and mental maturity. every child shall have the right to personal name, entry in the registry of births, the right to learn about its ancestry, and the right to preserve his own identity. a child shall be protected from psychological, physical, economic and any other form of exploitation or abuse. a child born out of wedlock shall have the same rights as a child born in wedlock. rights of the child and their protection shall be regulated by the law. article 65. rights and duties of parents parents shall have the right and duty to support, provide upbringing and education to their children in which they shall be equal. all or individual rights may be revoked from one or both parents only by the ruling of the court if this is in the best interests of the child, in accordance with the law. article 66. special protection of the family, mother, single parent and child families, mothers, single parents and any child in the republic of serbia shall enjoy special protection in the republic of serbia in accordance with the law. mothers shall be given special support and protection before and after childbirth. special protection shall be provided for children without parental care and mentally or physically handicapped children. children under 15 years of age may not be employed, nor may children under 18 years of age be employed at jobs detrimental to their health or morals. article 67. right to legal assistance everyone shall be guaranteed right to legal assistance under conditions stipulated by the law. legal assistance shall be provided by legal professionals, as an independent and autonomous service, and legal assistance offices established in the units of local self government in accordance with the law. the law shall stipulate conditions for providing free legal assistance. article 68. health care everyone shall have the right to protection of their mental and physical health. health care for children, pregnant women, mothers on maternity leave, single parents with children under seven years of age and elderly persons shall be provided from public revenues unless it is provided in some other manner in accordance with the law. health insurance, health care and establishing of health care funds shall be regulated by the law. the republic of serbia shall assist development of health and physical culture. article 69. social protection citizens and families that require welfare for the purpose of overcoming social and existential difficulties and creating conditions to provide subsistence, shall have the right to social protection the provision of which is based on social justice, humanity and respect of human dignity. rights of the employees and their families to social protection and insurance shall be regulated by the law. the employees shall have the right to salary compensation in case of temporary inability to work, as well as the right to temporary unemployment benefit in accordance with the law. disabled people, war veterans and victims of war shall be provided special protection in accordance with the law. social insurance funds shall be established in accordance with the law. article 70. pension insurance pension insurance shall be regulated by the law. the republic of serbia shall see to economic security of the pensioners. article 71. right to education everyone shall have the right to education. primary education is mandatory and free, whereas secondary education is free. all citizens shall have access under equal conditions to higher education. the republic of serbia shall provide for free tertiary education to successful and talented students of lower property status in accordance with the law. establishment of schools and universities shall be regulated by the law. article 72. autonomy of university autonomy of universities, faculties and scientific institutions shall be guaranteed. universities, faculties and scientific institutions shall decide freely on their organization and work in accordance with the law. article 73. freedom of scientific and artistic creativity scientific and artistic creativity shall be unrestricted. authors of scientific and artistic works shall be guaranteed moral and material rights in accordance with the law. the republic of serbia shall assist and promote development of science, culture and art. article 74. healthy environment everyone shall have the right to healthy environment and the right to timely and full information about the state of environment. everyone, especially the republic of serbia and autonomous provinces, shall be accountable for the protection of environment. everyone shall be obliged to preserve and improve the environment. 3. rights of persons belonging to national minorities article 75. basic provision persons belonging to national minorities shall be guaranteed special individual or collective rights in addition to the rights guaranteed to all citizens by the constitution. individual rights shall be exercised individually and collective rights in community with others, in accordance with the constitution, law and international treaties. persons belonging to national minorities shall take part in decision-making or decide independently on certain issues related to their culture, education, information and official use of languages and script through their collective rights in accordance with the law. persons belonging to national minorities may elect their national councils in order to exercise the right to self-governance in the field of culture, education, information and official use of their language and script, in accordance with the law. article 76. prohibition of discrimination against national minorities persons belonging to national minorities shall be guaranteed equality before the law and equal legal protection. any discrimination on the grounds of affiliation to a national minority shall be prohibited. specific regulations and provisional measures which the republic of serbia may introduce in economic, social, cultural and political life for the purpose of achieving full equality among members of a national minority and citizens who belong to the majority, shall not be considered discrimination if they are aimed at eliminating extremely unfavorable living conditions which particularly affect them. article 77. equality in administering public affairs members of national minorities shall have the right to participate in administering public affairs and assume public positions, under the same conditions as other citizens. when taking up employment in state bodies, public services, bodies of autonomous province and local self-government units, the ethnic structure of population and appropriate representation of members of national minorities shall be taken into consideration. article 78. prohibition of forced assimilation forced assimilation of members of national minorities shall be strictly prohibited. protection of members of national minorities from all activities directed towards their forced assimilation shall be regulated by the law. undertaking measures, which would cause artificial changes in ethnic structure of population in areas where members of national minorities live traditionally and in large numbers, shall be strictly prohibited. article 79. right to preservation of specificity members of national minorities shall have a right to: expression, preservation, fostering, developing and public expression of national, ethnic, cultural, religious specificity; use of their symbols in public places; use of their language and script; have proceedings also conducted in their languages before state bodies, organizations with delegated public powers, bodies of autonomous provinces and local self-government units, in areas where they make a significant majority of population; education in their languages in public institutions and institutions of autonomous provinces; founding private educational institutions; use of their name and family name in their language; traditional local names, names of streets, settlements and topographic names also written in their languages, in areas where they make a significant majority of population; complete, timely and objective information in their language, including the right to expression, receiving, sending and exchange of information and ideas; establishing their own mass media, in accordance with the law. under the law and in accordance with the constitution, additional rights of members of national minorities may be determined by provincial regulations. article 80. right to association and cooperation with compatriots members of national minorities may found educational and cultural associations, which are funded voluntarily. the republic of serbia shall acknowledge a specific role of educational and cultural associations of national minorities in their exercise of rights of members of national minorities. members of national minorities shall have a right to undisturbed relations and cooperation with their compatriots outside the territory of the republic of serbia. article 81. developing the spirit of tolerance in the field of education, culture and information, serbia shall give impetus to the spirit of tolerance and intercultural dialogue and undertake efficient measures for enhancement of mutual respect, understanding and cooperation among all people living on its territory, regardless of their ethnic, cultural, linguistic or religious identity. part 3. economic system and public finances 1. economic system article 82. basic principles economic system in the republic of serbia shall be based on market economy, open and free market, freedom of entrepreneurship, independence of business entities and equality of private and other types of assets. the republic of serbia shall represent a unique economic area with a single commodity, labor, capital and services market. the impact of the market economy on social and economic status of the employed shall be adjusted through social dialogue between trade unions and employers. article 83. freedom of entrepreneurship entrepreneurship shall be permitted. entrepreneurship may be restricted by the law, for the purpose of protection of people's health, environment and natural goods and security of the republic of serbia. article 84. status on the market everyone shall have equal legal status on the market. acts, which are contrary to the law and restrict free competition by creating or abusing monopolistic or dominant status, shall be strictly prohibited. rights gained through capital investments, in accordance with the law, may not be curtailed by the law. foreign persons shall be equaled on the market with domestic persons. article 85. proprietary rights of foreigners foreign natural and legal entities may obtain real estate property, in accordance with the law or international contract. foreigners may obtain a concession right for natural resources and goods, as well as other rights stipulated by the law. article 86. equality of all types of assets private, cooperative and public assets shall be guaranteed. public assets shall become state assets, assets of the autonomous province and assets of local self-government units. all types of assets shall have equal legal protection. the existing social assets shall become private assets under the terms, in a manner and within the deadlines stipulated by the law. resources from the public assets shall be appropriated in a manner and under the terms stipulated by the law. article 87. state assets natural resources, goods which are stipulated by the law as goods of public interest and assets used by the bodies of the republic of serbia shall be the state assets. state assets shall include other things and rights, according to the law. natural and legal entities may obtain particular rights on particular goods in public use, under the terms and in a manner stipulated by the law. natural resources shall be utilized under the terms and in a manner stipulated by the law. assets of autonomous provinces and local self-government units, method of its utilization and management shall be stipulated by the law. article 88. land utilization and management of agricultural land, forest land and municipal building land on private assets shall be permitted. the law may restrict the models of utilization and management, that is stipulate terms of utilization and management, in order to eliminate the danger of causing damage to environment or prevent violation of rights and legally based interests of other persons. article 89. protection of heritage everyone shall be obliged to protect natural rarities and scientific, cultural and historical heritage, as well as goods of public interest in accordance with the law. the republic of serbia, autonomous provinces and local self-government units shall be held particularly accountable for the protection of heritage. article 90. protection of consumers the republic of serbia shall protect consumers. activities directed against health, security and privacy of consumers, as well as all other dishonest activities on the market, shall be strictly prohibited. 2. public finances article 91. taxes and other revenues resources which are used for the purpose of funding competences of the republic of serbia, autonomous provinces and local self-government units shall be provided from taxes and other revenues, stipulated by the law. obligation of paying taxes and other dues shall be general and based on economic power of taxpayers. article 92. budget the republic of serbia, autonomous provinces and local self-government units shall have budgets, which must outline all receipts and expenses with which they are funding their competences. the law shall stipulate the deadlines within which the budget must be adopted, as well as method of temporary funding. realization of all budgets shall be audited by the state audit institution. the national assembly shall discuss the financial statement proposal of the budget upon the received evaluation of the state audit institution. article 93. public debt the republic of serbia, autonomous provinces and local self-government units may be indebted. terms and procedure of getting into debts shall be stipulated by the law. article 94. balancing development the republic of serbia shall take care of balanced and sustainable regional development, in accordance with the law. article 95. national bank of serbia the national bank of serbia shall be a central bank of the republic of serbia, independent and subject to supervision by the national assembly to which it accounts for its work. the national bank of serbia shall be managed by the governor elected by the national assembly. the law on the national bank of serbia shall be enacted. article 96. state audit institution the state audit institution shall be the supreme state body for auditing public finances in the republic of serbia, independent and subject to supervision by the national assembly to which it accounts for its work. the law on the state audit institution shall be enacted. part 4. competences of the republic of serbia article 97. competences of the republic of serbia the republic of serbia shall organize and provide for: sovereignty, independence, territorial integrity and security of the republic of serbia, its international status and relations with other countries and international organizations; exercise and protection of freedoms and rights of citizens; constitutionality and legality; proceedings before courts and other state bodies; liabilities and sanctions for violation of freedoms and rights of citizens stipulated by the constitution and for violation of laws, other regulations and general acts; amnesty and pardon for criminal offenses; territorial organization of the republic of serbia; system of local self-government; defense and security of the republic of serbia and its citizens; measures in case of the state of emergency; system of crossing the border and control of the trade in goods, services and passenger traffic over border crossing; status of foreigners and foreign legal entities; single market; legal status of business entities; system of performing particular economic and other activities; commodity reserves; monetary, banking, foreign exchange and customs system; international economic relations; system of foreign credit relations; fiscal system; property and bonded relations and protection of all types of assets; system in the area of labor relations, protection at work, employment, social insurance and other forms of social security; other economic and social relations of public interest; sustainable development; system of protection and improvement of environment; protection and improvement of flora and fauna; production, trade and transport of arms, poisonous, inflammable, explosive, radioactive and other hazardous substances; system in areas of health care, social security, protection of war veterans and the disabled , protection of children, education, culture and protection of cultural goods, sport, public information, system of public services; control of legality of managing resources of legal entities; financial audit of public finances; collection of statistical and other data of public interest; development of the republic of serbia, policy and measures for spurring balanced development of particular areas of the republic of serbia, including the development of underdeveloped areas; organization and utilization of space; scientific and technological development; regime and security in all areas of transport, holidays and symbols of the republic of serbia; funding of exercising rights and duties of the republic of serbia, stipulated by the constitution and law; organization, competences and work of the bodies of the republic; other relations of interest to the republic of serbia, in accordance with the constitution. part 5. organization of government 1. national assembly article 98. status of the national assembly the national assembly shall be the supreme representative body and holder of constitutional and legislative power in the republic of serbia. article 99. competences the national assembly shall: adopt and amend the constitution, decide on changes concerning borders of the republic of serbia, call for the republic referendum, ratify international contracts when the obligation of their ratification is stipulated by the law, decide on war and peace and declare state of war and emergency, supervise the work of security services, enact laws and other general acts within the competence of the republic of serbia, give previous approval for the statute of the autonomous province, adopt defense strategy, adopt development plan and spatial plan, adopt the budget and financial statement of the republic of serbia, upon the proposal of the government, grant amnesty for criminal offenses. within its election rights, the national assembly shall: elect the government, supervise its work and decide on expiry of the term of office of the government and ministers, appoint and dismiss judges of the constitutional court, appoint the president of the supreme court of cassation, presidents of courts, republic public prosecutor, public prosecutors, judges and deputy public prosecutors, in accordance with the constitution, appoint and dismiss the governor of the national bank of serbia and supervise his/her work, appoint and dismiss the civic defender and supervise his/her work, appoint and dismiss other officials stipulated by the law. the national assembly shall also perform other functions stipulated by the constitution and law. article 100. constitution of the national assembly the national assembly shall consist of 250 deputies, who are elected on direct elections by secret ballot, in accordance with the law. in the national assembly, equality and representation of different genders and members of national minorities shall be provided, in accordance with law. article 101. election of deputies and constitution of the national assembly elections for deputies shall be called by the president of the republic, 90 days before the end of the term of office of the national assembly, so that elections are finished within the following 60 days. the first session of the national assembly shall be convened by the chairman of the national assembly from the previous session, so that the session is held not later than 30 days from the day of declaring the final election results. at the first session, the national assembly shall confirm deputies' terms of office. the national assembly shall be constituted by confirmation of terms of office of the two thirds of deputies. against the decision made in relation to confirmation of terms of office, an appeal may be lodged before the constitutional court, which decides on it within 72 hours. by means of confirming terms of office of the two thirds of deputies, the term of office of the previous session of the national assembly shall end. article 102. status of deputies the term of office of the deputy shall begin on the day of confirmation of terms of office in the national assembly and last four years, that is until the expiry of terms of office of deputies of that session of the national assembly. under the terms stipulated by the law, a deputy shall be free to irrevocably put his/her term of office at disposal to the political party upon which proposal he or she has been elected a deputy. deputy may not be a deputy in the assembly of the autonomous province, nor an official in bodies of executive government and judiciary, nor may he or she perform other functions, affairs and duties, which represent a conflict of interest, according to the law. election, expiry of the term of office and status of deputies shall be stipulated by the law. article 103. immunity of deputies deputies shall enjoy immunity. deputies may not accept criminal or other liability for the expressed opinion or cast vote in performing the deputy's function. deputy who uses his/her immunity may not be detained, nor may he or she be involved in criminal or other proceedings in which prison sentence may be pronounced, without previous approval by the national assembly. deputy found in the act of committing any criminal offense for which the prison sentence longer than five years is not envisaged, may be detained without previous approval by the national assembly. there shall be no deadlines stipulated for the criminal or other proceedings in which the immunity is established. failure to use the immunity shall not exclude the right of the national assembly to establish the immunity. article 104. president and vice presidents of the national assembly by means of majority votes of all deputies, the national assembly shall elect the president and one or more vice presidents of the national assembly. the president of the national assembly shall represent the national assembly, convoke its sessions, preside over them and perform other activities stipulated by the constitution, law and rules of procedure of the national assembly. article 105. method of decision making in the national assembly the national assembly shall adopt decisions by majority vote of deputies at the session at which majority of deputies are present. by means of majority vote of all deputies the national assembly shall: grant amnesty for criminal offenses, declare and call off the state of emergency, order measures of departure from human and minority rights in the state of war and emergency, enact the law by which the republic of serbia delegates particular issues falling within its competence to autonomous provinces and local self-government units, give previous approval for the statute of the autonomous province, decide on the rules of procedure pertaining to its work, cancel immunities of deputies, the president of the republic, members of the government and civic defender, adopt the budget and financial statement, elect members of the government and decide on the end of the term of office of the government and ministers, decide on response to interpellation, elect judges of the constitutional court and decide on their dismissal and end of their term of office, elect the president of the supreme court of cessation, presidents of courts, republic public prosecutor and public prosecutors and decide on the end of their term of office, elect judges and deputy public prosecutors, in accordance with the constitution, elect and dismiss the governor of the national bank of serbia, governors' council and civic defender, also perform other election competences of the national assembly. by means of majority vote of all deputies, the national assembly shall decide on laws which regulate: referendum and national initiative, enjoying of individual and collective rights of members of national minorities, development and spatial plan, public debt, territories of autonomous provinces and local self-government units, conclusion and ratification of international contracts, other issues stipulated by the constitution. article 106. sessions the national assembly shall be convoked for two regular sessions per year. the first regular session shall start on the first weekday of march, while the second regular session shall start on the first weekday of october. regular sessions may not last longer than 90 days. the national assembly shall be convoked for extraordinary session upon the request of at least one third of deputies or upon the request of the government, with previously determined agenda. the national assembly shall be convoked without announcement upon the declaration of the state of war or emergency. article 107. right to propose laws a right to propose laws, other regulations and general acts shall belong to every deputy, the government, assemblies of autonomous provinces or at least 30,000 voters. the civic defender and national bank of serbia shall have a right to propose laws falling within their competence. article 108. referendum upon the request of the majority of all deputies or at least 100,000 voters, the national assembly shall call the referendum on issues falling within its competence, in accordance with the constitution and law. the subject of the referendum may not include duties deriving from international contracts, laws pertaining to human and minority rights and freedoms, fiscal and other financial laws, the budget and financial statement, introduction of the state of emergency and amnesty, as well as issues pertaining to election competences of the national assembly. article 109. dissolution of the national assembly the president of the republic may dissolve the national assembly, upon the elaborated proposal of the government. the government may not propose dissolution of the national assembly, if a proposal has been submitted for the vote of no confidence in the government or if the issue of its confidence has been raised. the national assembly shall be dissolved if it fails to elect the government within 90 days from the day of its constitution. the national assembly may not be dissolved during the state of war and emergency. the president of the republic shall be obliged to dissolve the national assembly upon his/her decree, in cases stipulated by the constitution. simultaneously with the dissolution of the national assembly, the president of the republic shall schedule elections for deputies, so that elections finish not later than 60 days from the day of their announcement. the national assembly, which has been dissolved, shall only perform current or urgent tasks, stipulated by the law. in case of declaration of the state of war or emergency, its full competence shall be reestablished and last until the end of the state of war, that is, emergency. article 110. law on the national assembly the law on the national parliament shall be enacted. 2. the president of the republic article 111. status of the president of the republic the president of the republic shall express state unity of the republic of serbia. article 112. competences the president of the republic shall: represent the republic of serbia in the country and abroad, promulgate laws upon his decree, in accordance with the constitution, propose to the national assembly a candidate for the prime minister, after considering views of representatives of elected lists of candidates, propose to the national assembly holders of positions, in accordance with the constitution and law, appoint and dismiss, upon his/her decree, ambassadors of the republic of serbia, upon the proposal of the government, receive letters of credit and revocable letters of credit of foreign diplomatic representatives, grant amnesties and award honors, administer other affairs stipulated by the constitution. in accordance with the law, the president of the republic shall command the army and appoint, promote and relieve officers of the army of serbia. article 113. promulgation of laws the president of the republic shall be obliged to issue a decree on promulgation of laws or to return the law for reconsideration with a written explanation to the national assembly, within maximum 15 days from the day of adoption of the law, that is, not later than within seven days, if the law has been adopted by emergency procedure. if the national assembly decides to vote again on the law, which has been returned for reconsideration by the president of the republic, the law shall be adopted by the majority vote from the total number of deputies. the president of the republic shall be obliged to promulgate the newly adopted law. if the president of the republic fails to issue a decree on promulgation of the law within the deadline stipulated by the constitution, the decree shall be issued by the chairman of the national assembly. article 114. election the president of the republic shall be elected on direct elections, by secret ballot, in accordance with the law. elections for the president of the republic shall be scheduled by the chairman of the national assembly, 90 days before the end of term of office of the president of the republic, so that elections finish within the following 60 days, in accordance with the law. while assuming the office, the president of the republic shall take the following oath before the national assembly: "i do solemnly swear that i will devote all my efforts to preserve the sovereignty and integrity of the territory of the republic of serbia, including kosovo and metohija as its constituent part, as well as to provide exercise of human and minority rights and freedoms, respect and protection of the constitution and laws, preservation of peace and welfare of all citizens of the republic of serbia and perform all my duties conscientiously and responsibly." article 115. incompatibility of positions the president of the republic may not perform another public function or professional duty. article 116. term of office the term of office of the president of the republic shall last five years and begin from the day of taking of the oath before the national assembly. if the term of office of the president of the republic expires during the state of war or emergency, it shall be extended so that it lasts until the expiry of three months from the day of the end of the state of war, that is, of emergency. no one shall be elected to a position of the president of the republic more than twice. the term of office of the president of the republic shall end with expiry of the period of time for which he or she has been elected, by his/her resignation or released of duty. the president of the republic shall tender his/her resignation to the chairman of the national assembly. article 117. resignation when the president of the republic tenders his/her resignation, he or she shall then inform about this the general public and the chairman of the national assembly. the term of office of the president of the republic shall end on the day of his/her resignation. article 118. dismissal the president of the republic shall be dismissed for the violation of the constitution, upon the decision of the national assembly, by the votes of at least two thirds of deputies. procedure for the dismissal may be initiated by the national assembly, upon the proposal of at least two thirds of deputies. the constitutional court shall have the obligation to decide on the violation of the constitution, upon the initiated procedure for dismissal, not later than within 45 days. article 119. immunity the president of the republic shall enjoy the immunity as a deputy. the national assembly shall decide on the immunity of the president of the republic. article 120. replacement of the president of the republic when the president of the republic is prevented from performing his/her duties or his/her term of office ends before the expiry of the period of time for which he or she has been elected, he or she shall be replaced by the chairman of the national assembly. the chairman of the national assembly may replace the president of the republic for maximum three months. the chairman of the national assembly shall be obliged to schedule elections for the president of the republic so that they are held not later than three months from the beginning of indisposition of the president of the republic, that is the end of his/her term of office for which he or she has been elected. article 121. law on the president of the republic the law on the president of the republic shall be enacted. 3. government article 122. status of the government the government shall be the holder of executive power in the republic of serbia. article 123. competences the government shall: establish and pursue policy, execute laws and other general acts of the national assembly, adopt regulations and other general acts for the purpose of law enforcement, propose to the national assembly laws and other general acts and gives its opinion on those laws and general acts, when another mover proposes them, direct and adjust the work of public administration bodies and perform supervision of their work, administer other affairs stipulated by the constitution and law. article 124. responsibilities of the government the government shall account to the national assembly for the policy of the republic of serbia, for enforcement of laws and other general acts of the national assembly, as well as for the work of the public administration bodies. article 125. prime minister and members of the government the government shall consist of the prime minister, one or more vice presidents and ministers. the prime minister shall manage and direct the work of the government, take care of coordinated political activities of the government, coordinate the work of members of the government and represent the government. ministers shall account for their work and situation within the competence of their ministries to the prime minister, government and national assembly. article 126. incompatibility of functions member of the government may not be a deputy in the national assembly, deputy in the assembly of the autonomous province and representative in the assembly of the local self-government units, nor may he or she be a member of the executive council of the autonomous province or executive body of the local self-government unit. other functions, actions or private interests which are incompatible with the position of a member of the government shall be stipulated by the law. article 127. election of the government a candidate for the prime minister shall be proposed to the national assembly by the president of the republic, after he or she considers the opinions of representatives of elected election lists. the candidate for the prime minister shall present to the national assembly the government's program and propose its constitution. the national assembly shall simultaneously vote on the government's program and election of the prime minister and members of the government. the government shall be elected if the majority of the total number of deputies votes for its election. article 128. commencement and termination of term of office of the government and members of the government the term of office of the government shall last until the expiry of the term of office of the national assembly which elected it. the term of office of the government shall commence on the day of taking an oath before the national assembly. the term of office of the government shall terminate before the period of time for which it has been elected, by the vote of no confidence, dissolution of the national assembly, resignation of the president of the republic and in other cases stipulated by the constitution. the government whose term of office has expired may only perform affairs stipulated by the law, until the election of the new government. the government whose term of office has expired may not propose the dissolution of the national assembly. the term of office of the member of the government shall expire before the expiry of the period of time for which he or she has been elected, by accepting his/her resignation, by the vote of no confidence in the national assembly and dismissal by the national assembly, upon the proposal of the prime minister. article 129. interpellation at least 50 deputies may propose interpellation in relation to the work of the government or particular member of the government. the government shall have the obligation to respond to interpellation within 30 days. the national assembly shall discuss and vote on the response to interpellation submitted by the government or member of the government to whom the interpellation is directed. after voting for the endorsement of the response, the national assembly continues to work according to the adopted agenda. if the national assembly fails to endorse the response of the government or the member of the government by voting, it shall initiate a vote of no confidence in the government or a member of the government, unless the prime minister, that is a member of the government resign beforehand, after the rejection of the response to the interpellation. the issue which was a subject of interpellation, may not be discussed again before the expiry of the 90-day deadline. article 130. vote of no confidence in the government or the member of the government a vote of no confidence in the government or the particular member of the government may be requested by at least 60 deputies. the proposal for the vote of no confidence in the government or the particular member of the government shall be discussed by the national assembly at the next first session, not later than five days after the submission of the proposal. after the discussion is concluded, they shall vote on the proposal. the proposal for the vote of no confidence in the government or the member of the government shall be accepted by the national assembly, if more than a half of the total number of deputies votes for it. if the national assembly passes a vote of no confidence in the government, the president of the republic shall be obliged to initiate proceedings for election of the new government. if the national assembly fails to elect the new government within 30 days from the passing of a vote of no confidence, the president of the republic shall be obliged to dissolve the national assembly and schedule elections. if the national assembly passes a vote of no confidence in the member of the government, the president of the republic shall be obliged to initiate proceedings for election of a new member of the government, in accordance with the law. if the national assembly fails to pass a vote of no confidence in the government or the member of the government, signatories of the proposal may not submit a new proposal for a vote of no confidence before the expiry of the 180-day deadline. article 131. vote of confidence in the government the government may require a vote of its confidence. upon the request of the government, proposal for a vote of confidence in the government may be discussed at the current session of the national assembly, and if the government has failed to submit such a proposal, the proposal shall be discussed on the next first session, not later than five days from its submission. after the discussion is concluded, they shall vote on the proposal. the proposal for the vote of confidence in the government or the member of the government shall be accepted by the national assembly, if more than a half of the total number of deputies votes for it. if the national assembly fails to pass a vote of confidence in the government, the term of office of the government ends and the president of the republic shall be obliged to initiate proceedings for election of the new government. if the national assembly fails to elect the new government within 30 days from the day of passing of vote of no confidence, the president of the republic shall be obliged to dissolve the national assembly and schedule elections. article 132. resignation of the prime minister the prime minister may tender his/her resignation to the national assembly. the prime minister shall tender his/her resignation to the chairman of the national assembly and, at the same time, inform the president of the republic and general public. at the next first session, the national assembly shall confirm the resignation of the prime minister. the term of office of the government shall terminate on the day of confirmation of the resignation of the prime minister. after the national assembly confirms the resignation of the prime minister, the president of the republic shall be obliged to initiate the proceedings for election of the new government. if the national assembly fails to elect the new government within 30 days from the day of confirmation of the resignation of the prime minister, the president of the republic shall be obliged to dissolve the national assembly and schedule elections. article 133. resignation and dismissal of the member of the government the member of the government may tender his/her resignation to the prime minister. the prime minister shall submit the resignation of the member of the government to the chairman of the national assembly and the national assembly shall confirm the resignation at the next first session. the prime minister may propose to the national assembly a dismissal of particular member of the government. the national assembly shall discuss and vote on the proposal for dismissal of the member of the government at the next first session. decision on dismissal of the member of the government shall be adopted if the majority of the total number of deputies votes for it. the term of office of the member of the government who has tendered his/her resignation shall terminate on the day of confirmation of resignation, and for the member of the government who has been dismissed, the term of office shall terminate on the day of adoption of the decision on dismissal. status and responsibilities of the member of the government who has tendered his/her resignation or for whom the proposal for dismissal has been submitted shall be stipulated by the law, until the termination of the term of office. the prime minister shall be obliged to initiate proceedings for election of the new member of the government, after the expiry of the term of office of the member of the government due to tendered resignation or dismissal. article 134. immunity of the president and member of the government the prime minister and the member of the government shall not be held accountable for opinions expressed at sittings of the government and sessions of the national assembly, or for the cast vote at the sittings of the government. the prime minister and the member of the government shall enjoy immunity as a deputy. the government shall decide on the immunity of the prime minister and the member of the government. article 135. the law on the government the law on the government shall be enacted. 4. public administration article 136. status of the public administration the public administration shall be independent, bound by the constitution and law and it shall account for its work to the government. public administration affairs shall be performed by ministries and other public administration bodies, stipulated by the law. public administration affairs and the number of ministries shall be stipulated by the law. internal organization of ministries and other public administration bodies and organizations shall be regulated by the government. article 137. delegation of public powers and public services in the interest of more efficient and rational exercise of citizens' rights and duties and satisfying their needs of vital importance for life and work, the law may stipulate delegation of performing particular affairs falling within the competence of the republic of serbia to the autonomous province and local self-government unit. according to the law, particular public powers may be delegated to enterprises, institutions, organizations and individuals. according to the law, particular public powers may be also delegated to specific bodies through which they perform regulatory function in particular fields or affairs. the republic of serbia, autonomous provinces and local self-government units may establish public services. affairs or duties for which public services are established, their organization and work shall be stipulated by the law. 5. civic defender article 138 the civic defender shall be independent state body who shall protect citizens' rights and monitor the work of public administration bodies, body in charge of legal protection of proprietary rights and interests of the republic of serbia, as well as other bodies and organizations, companies and institutions to which public powers have been delegated. the civic defender shall not be authorized to monitor the work of the national assembly, president of the republic, government, constitutional court, courts and public prosecutor's offices. the civic defender shall be elected and dismissed by the national assembly, in accordance with the constitution and law. the civic defender shall account for his/her work to the national assembly. the civic defender shall enjoy immunity as a deputy. the national assembly shall decide on the immunity of the civic defender. the law on the civic defender shall be enacted. 6. the army of serbia article 139. competences the army of serbia shall defend the country from external armed threat and perform other missions and tasks, in accordance with the constitution, law and principles of international law, which regulate the use of force. article 140. use of the army outside the borders the army of serbia may be used outside the borders of the republic of serbia only upon the decision of the national assembly of the republic of serbia. article 141. control over the army of serbia the army of serbia shall be subject to democratic and civil control. the law on the army of serbia shall be enacted. 7. courts article 142. judiciary principles judicial power shall be unique on the territory of the republic of serbia. courts shall be separated and independent in their work and they shall perform their duties in accordance with the constitution, law and other general acts, when stipulated by the law, generally accepted rules of international law and ratified international contracts. the hearing before the court shall be public and may be restricted only in accordance with the constitution. judges and jurors shall participate in a trial, in the manner stipulated by the law. the law may also regulate that only judges may participate in a trial in particular courts and in particular cases. the court shall decide on matters within the council, while the law may stipulate that a single judge may decide on particular matters. article 143. types of courts judicial power in the republic of serbia shall belong to courts of general and special jurisdiction. establishing, organization, jurisdiction, system and structure of courts shall be regulated by the law. provisional courts, courts-martial or special courts may not be established. the supreme court of cassation shall be the supreme court in the republic of serbia. the seat of the supreme court of cassation shall be in belgrade. article 144. president of the supreme court of cassation president of the supreme court of cassation shall be elected by the national assembly, upon the proposal of the high judicial council and received opinion of the meeting of the supreme court of cassation and competent committee of the national assembly. president of the supreme court of cassation shall be elected for the period of five years and may not be reelected. term of office of the president of the supreme court of cassation shall terminate before the expiry of the time for which he or she has been elected upon his/her personal request, under the terms stipulated by the law pertaining to the termination of the term of office of the judge or dismissal for reasons stipulated by the law pertaining to dismissal of the president of court. decision on the end of term of office of the president of the supreme court of cassation shall be adopted by the national assembly, in accordance with the law, while the decision on dismissal shall be adopted upon the proposal of the high judicial council. article 145. court decisions court decisions shall be passed in the name of people. court decisions are based on the constitution and law, the ratified international treaty and regulation passed on the grounds of the law. court decisions shall be obligatory for all and may not be a subject of extrajudicial control. a court decision may only be reconsidered by an authorized court in a legal proceedings prescribed by the law. a passed sentence may be fully or partially forgiven without a court decision, by general pardon or amnesty. article 146. permanent tenure of office a judge shall have a permanent tenure. exceptionally, a person who is elected a judge for the first time shall be elected for the period of three years. article 147. election of judges on proposal of the high judicial council, the national assembly shall elect as a judge the person who is elected to the post of judge for the first time. tenure of office of a judge who was elected to the post of judge shall last three years. in accordance with the law, the high judicial council shall elect judges to the posts of permanent judges, in that or other court. in addition, the high judicial council shall decide on election of judges who hold the post of permanent judges to other or higher court. article 148. termination of a judge's tenure of office a judge's tenure of office shall terminate at his/her own request, upon coming into force of legally prescribed conditions or upon relief of duty for reasons stipulated by the law, as well as if he/she is not elected to the position of a permanent judge. the high judicial council shall pass a decision on termination of a judge's tenure of office. a judge shall have the right to appeal with the constitutional court against this decision. the lodged appeal shall not include the right to lodge a constitutional appeal. the proceedings, grounds and reasons for termination of a judge's tenure of office, as well as the reasons for the relief of duty of the president of court shall be stipulated by the law. article 149. independence of judge in performing his/her judicial function, a judge shall be independent and responsible only to the constitution and the law. any influence on a judge while performing his/her judicial function shall be prohibited. article 150. non-transferability of judge a judge shall have the right to perform his/her judicial function in the court to which he/she was elected, and may be relocated or transferred to another court only on his/her own consent. in case of revocation of the court or the substantial part of the jurisdiction of the court to which he/she was elected, a judge may exceptionally, without his/her consent, be permanently relocated or transferred to another court, in accordance with the law. article 151. immunity a judge may not be held responsible for his/her expressed opinion or voting in the process of passing a court decision, except in cases when he/she committed a criminal offense by violating the law. a judge may not be detained or arrested in the legal proceedings instituted due to a criminal offense committed in performing their judicial function without the approval of the high judicial council. article 152. incompatibility of judiciary function a judge shall be prohibited to engage in political actions. other functions, actions or private interests which are incompatible with the judiciary function shall be stipulated by the law. 8. the high judicial council article 153. status, constitution and election the high judicial council is an independent and autonomous body which shall provide for and guarantee independence and autonomy of courts and judges. the high judicial council shall have eleven members. the high judicial council shall be constituted of the president of the supreme court of cassation, the minister responsible for justice and the president of the authorized committee of the national assembly as members ex officio and eight electoral members elected by the national assembly, in accordance with the law. electoral members shall include six judges holding the post of permanent judges, of which one shall be from the territory of autonomous provinces, and two respected and prominent lawyers who have at least 15 years of professional experience, of which one shall be a solicitor, and the other a professor at the law faculty. presidents of court may not be electoral members of the high judicial council. tenure of office of the high judicial council's members shall last five years, except for the members appointed ex officio. a member of the high judicial council shall enjoy immunity as a judge. article 154. jurisdiction of the high judicial council the high judicial council shall appoint and relieve of judges, in accordance with the constitution and the law, propose to the national assembly the election of judges in the first election to the post of judge, propose to the national assembly the election of the president of the supreme court of cassation as well as presidents of courts, in accordance with the constitution and the law, participate in the proceedings of terminating the tenure of office of the president of the supreme court of cassation and presidents of courts, in the manner stipulated by the constitution and the law, and perform other duties specified by the law. article 155. legal remedy an appeal may be lodged with the constitutional court against a decision of the high judicial council, in cases stipulated by the law. 9. public prosecutor's office article 156. status and jurisdiction public prosecutor's office shall be an independent state body which shall prosecute the perpetrators of criminal offenses and other punishable actions, and take measures in order to protect constitutionality and legality. public prosecutor's office shall perform its function on the grounds of the constitution, law, ratified international treaty and regulation passed on the grounds of the law. article 157. establishment and organization establishment, organization and jurisdiction of public prosecutor's office shall be specified by the law. the republic public prosecutor's office shall be the supreme public prosecutor's office in the republic of serbia. article 158. the republic public prosecutor the republic public prosecutor shall perform the function of the public prosecutor's office within the rights and duties of the republic of serbia. the republic public prosecutor shall be elected by the national assembly, on the government proposal and upon obtaining the opinion of the authorized committee of the national assembly. the republic public prosecutor shall be elected for the period of six years and may be re elected. tenure of office of the republic public prosecutor shall terminate if he/she is not re elected, at his/her own request, upon coming into force of legally prescribed conditions or upon relief of duty for reasons stipulated by the law. the decision on termination of tenure of office of the republic public prosecutor shall be adopted by the national assembly, in accordance with the law, bearing in mind that it shall pass a decision on relief of duty on the government proposal. article 159. public prosecutors and deputy public prosecutors a public prosecutor shall perform the function of the public prosecutor's office. a public prosecutor shall be elected by the national assembly, on the government proposal. tenure of office of the public prosecutor shall last six years and he/she may be re elected. a deputy public prosecutor shall stand in for the public prosecutor in performing the function of the public prosecutor's office and shall be obliged to act according to his/her instructions. on proposal of the state prosecutors council, the national assembly shall elect as a deputy public prosecutor the person who is elected to this function for the first time. tenure of office of a deputy public prosecutor elected to that function for the first time shall last three years. in accordance with the law, the state prosecutors council shall elect deputy public prosecutors to permanently perform that function, in that or other public prosecutor's office. in addition, the state prosecutors council shall decide on the election of deputy public prosecutors who permanently perform that function in another or superior public prosecutor's office. article 160. responsibility the republic public prosecutor shall account for the work of the public prosecutor's office and his/her own work to the national assembly. public prosecutors shall account for the work of the public prosecutor's office and their own work to the republic public prosecutor and the national assembly, whereas junior prosecutors shall account for their work to their immediately superior public prosecutor as well. deputy public prosecutors shall be held responsible for their work to the public prosecutor. article 161. termination of public prosecutor and deputy public prosecutor's tenure of office a public prosecutor and deputy public prosecutor may terminate their tenure of office at their own request, upon coming into force of legally prescribed conditions or upon relief of duty for reasons stipulated by the law. a public prosecutor's tenure of office shall terminate even if he/she is not re-elected, and deputy public prosecutor's tenure off office shall terminate if he/she is not permanently elected to that function. a decision on termination of a public prosecutor's tenure of office shall be adopted by the national assembly, in accordance with the law, and it shall pass a decision on relief of duty on the government proposal. a decision on termination of a deputy public prosecutor's tenure of office shall be passed by the state prosecutors council. a public prosecutor and deputy public prosecutor may lodge an appeal with the constitutional court against the decision on termination of their tenure of office. the lodged appeal shall not include the right to lodge a constitutional appeal. the proceedings, grounds and reasons for termination of a public prosecutor and deputy public prosecutor's tenure of office shall be regulated by the law. article 162. immunity a public prosecutor and deputy public prosecutor may not be held responsible for the expressed opinion while performing the function of prosecutors, except in cases when a public prosecutor or deputy public prosecutor commits a criminal offense by violating the law. a public prosecutor or a deputy public prosecutor may not be detained or arrested in the legal proceedings instituted due to a criminal offense committed in performing the prosecutor's function or service without the approval of the authorized committee of the national assembly. article 163. incompatibility of prosecutor's function public prosecutors and deputy public prosecutors shall be prohibited to engage in political actions. other functions, activities or private interests which are incompatible with the prosecutor's function shall be stipulated by the law. article 164. status, constitution and election of the state prosecutors council the state prosecutors council is an autonomous body which shall provide for and guarantee the autonomy of public prosecutors and deputy public prosecutors, in accordance with the law. the state prosecutors council shall have 11 members. the state prosecutors council shall be constituted of the republic public prosecutor, the minister responsible for justice and the president of the authorized committee of the national assembly as members ex officio and eight electoral members elected by the national assembly, in accordance with the law. electoral members shall include six public prosecutors or deputy public prosecutors holding permanent posts, of which one shall be from the territory of autonomous provinces, and two respected and prominent lawyers who have at least 15 years of professional experience, of which one shall be a solicitor, and the other a professor at the law faculty. tenure of office of the state prosecutors council's members shall last five years, except for the members appointed ex officio. a member of the state prosecutors council shall enjoy immunity as a public prosecutor. article 165. jurisdiction of the state prosecutors council the state prosecutors council shall propose to the national assembly the candidates for the first election of a deputy public prosecutor, elect deputy public prosecutors to permanently perform that function, elect deputy public prosecutors holding permanent posts as deputy public prosecutors in other public prosecutor's office, decide in the proceedings of termination of deputy public prosecutors' tenure of office in the manner stipulated by the constitution and the law, and perform other duties specified in the law. part 6. the constitutional court article 166. status the constitutional court shall be an autonomous and independent state body which shall protect constitutionality and legality, as well as human and minority rights and freedoms. the constitutional court decisions are final, enforceable and generally binding. article 167. jurisdiction the constitutional court shall decide on: compliance of laws and other general acts with the constitution, generally accepted rules of the international law and ratified international treaties, compliance of ratified international treaties with the constitution, compliance of other general acts with the law, compliance of the statute and general acts of autonomous provinces and local self-government units with the constitution and the law, compliance of general acts of organizations with delegated public powers, political parties, trade unions, civic associations and collective agreements with the constitution and the law. the constitutional court shall: decide on the conflict of jurisdictions between courts and state bodies, decide on the conflict of jurisdictions between republic and provincial bodies or bodies of local self-government units, decide on the conflict of jurisdictions between provincial bodies and bodies of local self-government units, decide on electoral disputes for which the court jurisdiction has not been specified by the law, perform other duties stipulated by the constitution and the law. the constitutional court shall decide on the banning of a political party, trade union organization or civic association. the constitutional court shall perform other duties stipulated by the constitution. article 168. assessment of constitutionality and legality a proceedings of assessing the constitutionality may be instituted by state bodies, bodies of territorial autonomy or local self-government, as well as at least 25 deputies. the procedure may also be instituted by the constitutional court. any legal or natural person shall have the right to an initiative to institute a proceedings of assessing the constitutionality and legality. the law or other general acts which is not in compliance with the constitution or the law shall cease to be effective on the day of publication of the constitutional court decision in the official journal. before passing the final decision and under the terms specified by the law, the constitutional court may suspend the enforcement of an individual general act or action undertaken on the grounds of the law or other general act whose constitutionality or legality it assesses. the constitutional court may assess the compliance of the law and other general acts with the constitution, compliance of general acts with the law, even when they ceased to be effective, if the proceedings of assessing the constitutionality has been instituted within no more than six months since they ceased to be effective. article 169. assessment of constitutionality of the law prior to its coming into force at the request of at least one third of deputies, the constitutional court shall be obliged within seven days to assess constitutionality of the law which has been passed, but has still not been promulgated by a decree. if a law is promulgated prior to adopting the decision on constitutionality, the constitutional court shall proceed with the proceedings as requested, according to the regular proceedings of assessing the constitutionality of a law. if the constitutional court passes a decision on non-constitutionality of a law prior to its promulgation, that decision shall come into force on the day of promulgation of the law. the proceedings of assessing constitutionality may not be instituted against the law whose compliance with the constitution was established prior to its coming into force. article 170. constitutional appeal a constitutional appeal may be lodged against individual general acts or actions performed by state bodies or organizations exercising delegated public powers which violate or deny human or minority rights and freedoms guaranteed by the constitution, if other legal remedies for their protection have already been applied or not specified.. article 171. ensuring the enforcement of decisions everyone shall be obliged to observe and enforce the constitutional court's decision. the constitutional court shall regulate in its decision the manner of its enforcement, whenever deemed necessary. enforcement of the constitutional court's decisions shall be regulated by the law. article 172. organization of the constitutional court. election and appointment of the constitutional court justices the constitutional court shall have 15 justices who shall be elected and appointed for the period of nine years. five justices of the constitutional court shall be appointed by the national assembly, another five by the president of the republic, and another five at the general session of the supreme court of cassation. the national assembly shall appoint five justices of the constitutional court form among ten candidates proposed by the president of the republic, the president of the republic shall appoint five justices of the constitutional court from among ten candidates proposed by the national assembly, and the general session of the supreme court of cassation shall appoint five justices from among ten candidates proposed at a general session by the high judicial court and the state prosecutor council. on each of the proposed lists of candidates, one of the appointed candidates must come from the territory of autonomous provinces. a justice of the constitutional court shall be elected and appointed from among the prominent lawyers who have at least 40 years of experience in practicing the law. one person may be elected or appointed a justice of the constitutional court on two occasions at the most. justices of the constitutional court shall elect the president from among their representatives for the period of three years, in a secret ballot. article 173. conflict of interest. immunity a justice of the constitutional court may not engage in another public or professional function or action, except for the professorship a law faculty in the republic of serbia, in accordance with the law. a justice of the constitutional court shall enjoy immunity as a deputy. the constitutional court shall decide on its immunity. article 174. termination of the tenure of office of the constitutional court justice tenure of office of the constitutional court justice shall terminate upon expiry of the period for which he/she had been elected or appointed, at his/her own request, after meeting the requirements regulated by the law for obtaining the old age pension or by relief of duty. a justice of the constitutional court shall be relieved of duty if he/she violates the prohibition of the conflict of interest, permanently loses the ability to discharge the function of a justice of the constitutional court, or is convicted of a penalty of imprisonment or criminal offense which makes him/her ineligible for the post of the constitutional court justice. the national assembly shall decide on the termination of a justice's tenure of office, on request of movers authorized for election, as well as on appointment for election of a justice of the constitutional court. an initiative to institute the proceedings of relieving of duty may be submitted by the constitutional court. article 175. the manner of deciding in the constitutional court. the law on the constitutional court the constitutional court shall adjudicate by the majority of votes cast by all justices of the constitutional court. a decision to autonomously institute the proceedings of assessing the constitutionality or legality shall be passes by the constitutional court by two thirds of the majority votes cast by all justices. organization of the constitutional court and the proceedings before the constitutional court, as well as the legal effect of its decisions shall be regulated by the law. part 7. territorial organization 1. provincial autonomy and local self-government article 176. concept citizens shall have the right to the provincial autonomy and local self-government, which they shall exercise directly or through their freely elected representatives. autonomous provinces and local self-government units shall have the status of legal entities. article 177. definition the competences local self-government units shall be competent in those matters which may be realized, in an effective way, within a local self-government unit, and autonomous provinces in those matters which may be realized, in an effective way, within an autonomous province, which shall not be the competence of the republic of serbia. what matters shall be of republic, provincial or local interest shall be specified by the law. article 178. delegation of competences the republic of serbia may, in accordance with the law, delegate particular matters within its competence to autonomous provinces and local self-government units. according to its decision, an autonomous province may delegate particular matters within its competence to local self-government units. resources to execute the delegated competences shall be provided for by the republic of serbia or an autonomous province, depending on who the competences were delegated by. right and duties of autonomous provinces and local self-government units and powers of the republic of serbia and autonomous provinces in the process of monitoring the execution of delegated competences shall be regulated by the law. article 179. the right to autonomous organization of bodies autonomous provinces, in accordance with the constitution and the statute, and local self-government units, in accordance with the constitution and the law, shall autonomously regulate the organization and competences of its bodies and public services. article 180. the assembly of an autonomous province and local self-government unit the assembly shall be the supreme body of the autonomous province and a local self-government unit. the assembly shall be constitutes of deputies, and the assembly of a local self-government unit of councilors. deputies and councilors shall be elected for the period of four years, in direct elections by secret ballot, namely, deputies in accordance with the decision of the assembly of the autonomous province, and councilors in accordance with the law. in those autonomous provinces and local self-government units with the population of mixed nationalities, a proportional representation of national minorities in assemblies shall be provided for, in accordance with the law. article 181. cooperation of autonomous provinces and local self-government units autonomous provinces and local self-government units shall cooperate with the corresponding territorial communities and local self-government units from other countries, within the foreign policy of the republic of serbia, observing the territorial integrity and legal system of the republic of serbia. 2. autonomous provinces article 182. concept, establishment and territory of autonomous province autonomous provinces shall be autonomous territorial communities established by the constitution, in which citizens exercise the right to the provincial autonomy. in the republic of serbia, there are the autonomous province of vojvodina and the autonomous province of kosovo and metohija. the substantial autonomy of the autonomous province of kosovo and metohija shall be regulated by the special law which shall be adopted in accordance with the proceedings envisaged for amending the constitution. new autonomous provinces may be established, and already established ones may be revoked or merged following the proceedings envisaged for amending the constitution. the proposal to establish new, or revoke or merge the existing autonomous provinces shall be established by citizens in a referendum, in accordance with the law. territory of autonomous provinces and the terms under which borders between autonomous provinces may be altered shall be regulated by the law. territory of autonomous provinces may not be altered without the consent of its citizens given in a referendum, in accordance with the law. article 183. competences of autonomous provinces autonomous provinces shall, in accordance with the constitution and their statutes, regulate the competences, election, organization and work of bodies and services they establish. autonomous provinces shall, in accordance with the law, regulate the matters of provincial interest in the following fields: urban planning and development, agriculture, water economy, forestry, hunting, fishery, tourism, catering, spas and health resorts, environmental protection, industry and craftsmanship, road, river and railway transport and road repairs, organizing fairs and other economic events, education, sport, culture, health care and social welfare and public informing at the provincial level. autonomous provinces shall see to exercising human and minority rights, in accordance with the law. autonomous provinces shall establish their symbols, as well as the manner in which they shall be put to use. autonomous provinces shall manage the provincial assets in the manner stipulated by the law. autonomous provinces shall, in accordance with the constitution and the law, have direct revenues, provide the resources for local self-government units for performing the delegated affairs and adopt their budget and annual balance sheet. article 184. financial autonomy of autonomous provinces an autonomous province shall have direct revenues for financing its competences. a kind and amount of direct revenues shall be stipulated by the law. the law shall specify the share of autonomous provinces in the part of revenue of the republic of serbia. the budget of the autonomous province of vojvodina shall amount to at least 7% in relation to the budget of the republic of serbia, bearing in mind that three-sevenths of the budget of the autonomous province of vojvodina shall be used for financing the capital expenditures. article 185. legal acts of autonomous province the statute shall be the supreme legal act of the autonomous province. the statute of the autonomous province of vojvodina shall be adopted by its assembly, subject to prior approval of the national assembly. the autonomous province shall enact other decisions and general acts pertaining to matters within its competences. article 186. monitoring the work of bodies of autonomous province the government may institute, before the constitutional court, the proceedings of assessing the constitutionality and legality of a decision adopted by the autonomous province, prior to its coming into force. in that sense, prior to passing its decision, the constitutional court may defer coming into force of the challenged decision of the autonomous province. article 187. protection of the provincial autonomy a body designated by the statute of the autonomous province shall have a right to lodge an appeal with the constitutional court, if an individual legal act or action of a state body or body of local self-government unit obstructs performing the competences of the autonomous province. a body designated by the statute of the autonomous province may institute the proceedings of assessing the constitutionality or legality of the law and other legal act of the republic of serbia or the legal act of the local self-government unit which violates the right to the provincial autonomy. 3. local self-government article 188. general provisions local self-government units shall be municipalities, towns and the city of belgrade. the territory and seat of a local self-government unit shall be specified by the law. establishment, revocation or alteration of the territory of a local self-government unit shall be preceded by a referendum on the territory of that local self-government unit. affairs of a local self-government unit shall be financed form the direct revenues of the local self-government unit, the budget of the republic of serbia, in accordance with the law, and the budget of the autonomous province of vojvodina, in cases when the autonomous province delegated the performing of affairs within its competences, in accordance with the decision of the assembly of the autonomous province. article 189. status of local self-government units municipalities shall be established and revoked by the law. a town shall be established by the law, in accordance with the criteria stipulated by the law regulating local self-government. a town shall have competences delegated to the municipality by the constitution, whereas other competences may be delegated to it by the law. it may be envisaged in the statute of the town to establish two or more town municipalities on the territory of the town. the statute of the town shall regulate the affairs falling within the town competence performed by town municipalities. the status of the city of belgrade, the capital of the republic of serbia, shall be regulated by the law on the capital and the statute of the city of belgrade. the city of belgrade shall have competences delegated to the municipality and city by the constitution and the law, and other competences may be delegated to it in accordance with the law on the capital. article 190. competence of municipality the municipality shall, through its bodies, and in accordance with the law: regulate and provide for the performing and development of municipal activities; regulate and provide for the use of urban construction sites and business premises; be responsible for construction, reconstruction, maintenance and use of local network of roads and streets and other public facilities of municipal interest; regulate and provide for the local transport; be responsible for meeting the needs of citizens in the field of education, culture, health care and social welfare, child welfare, sport and physical culture; be responsible for development and improvement of tourism, craftsmanship, catering and commerce; be responsible for environmental protection, protection against natural and other disasters; protection of cultural heritage of the municipal interest; protection, improvement and use of agricultural land; perform other duties specified by the law. the municipality shall autonomously, in accordance with the law, adopt its budget and annual balance sheet, the urban development plan and municipal development program, establish the symbols of the municipality, as well as their use. the municipality shall see to exercising, protection and improvement of human and minority rights, as well as to public informing in the municipality. the municipality shall autonomously manage the municipal assets, in accordance with the law. the municipality shall, in accordance with the law, prescribe offenses related to violation of municipal regulations. article 191. municipal legal acts and bodies the statute shall be the supreme legal act of the municipality. the statute shall be adopted by the municipal assembly. the municipal assembly shall pass general acts within its competences, adopt the budget and annual balance sheet, adopt the development plan and the municipal spatial plan, schedule the municipal referendum and perform other duties specified by the law and the statute. municipal bodies shall be the municipal assembly and other bodies designated by the statute, in accordance with the law. the municipal assembly shall decide on the election of municipal executive bodies, in accordance with the law and the statute. election of executive bodies of the town and the city of belgrade shall be regulated by the law. article 192. monitoring the work of municipality the government shall be obliged to cancel the enforcement of the municipal general act which it considers to be in noncompliance with the constitution or the law, and institute the proceedings of assessing its constitutionality or legality within five days. the government may, under the terms specified by the law, dismiss the municipal assembly. simultaneously with the dismissal of the municipal assembly, the government shall appoint a temporary body which shall perform duties within the competences of the assembly, taking into consideration the political and national composition of the dismissed municipal assembly. article 193. protection of local self-government the body designated by the statute of the municipality shall have the right to lodge an appeal with the constitutional court if an individual legal act or action by a state body or body of local self-government unit obstructs performing the competences of the municipality. the body designated by the statute of the municipality may institute the proceedings of assessing the constitutionality or legality of the law or other legal act of the republic of serbia or autonomous province which violates the right to local self-government. part 8. constitutionality and legality article 194. hierarchy of domestic and international general legal acts the legal system of the republic of serbia shall be unique. the constitution shall be the supreme legal act of the republic of serbia. all laws and other general acts enacted in the republic of serbia must be in compliance with the constitution. ratified international treaties and generally accepted rules of the international law shall be part of the legal system of the republic of serbia. ratified international treaties may not be in noncompliance with the constitution. laws and other general acts enacted in the republic of serbia may not be in noncompliance with the ratified international treaties and generally accepted rules of the international law. article 195. hierarchy of domestic general legal acts all by-laws of the republic of serbia, general acts of organizations with delegated public powers, political parties, trade unions and civic associations and collective agreements must be in compliance with the law. statutes, decisions and other general acts of autonomous provinces and local self government units must be in compliance with the law. all general acts of autonomous provinces and local self-government units must be in compliance with their statutes. article 196. publication of laws and other general acts laws and all other general acts shall be published prior to coming into force. the constitution, laws and by-laws of the republic of serbia shall be published in the republic official journal, and statutes, decisions and other general acts of autonomous provinces shall be published in provincial official journals. statutes and general acts of local self-government units shall be published in local official journals. laws and other general acts shall come into force no earlier than on the eighth day from the day of publication and may come into force earlier only if there are particularly justified grounds for that, specified at the time of their adoption. article 197. prohibition of retroactive effect of laws and other general acts laws and other general acts may not have a retroactive effect. exceptionally, only some of the law provisions may have a retroactive effect, if so required by general public interest as established in the procedure of adopting the law. a provision of the penal code may have a retroactive effect only if it shall be more favorable for the perpetrator. article 198. legality of administration individual acts and actions of state bodies, organizations with delegated public powers, bodies of autonomous provinces and local self-government units must be based on the law. legality of final individual acts deciding on a right, duty or legally grounded interest shall be subject to reassessing before the court in an administrative proceedings, if other form of court protection has not been stipulated by the law. article 199. language of proceedings everyone shall have the right to use his/her language in the proceedings before the court, other state body or organization performing public powers, when his/her right or duty is decided on. unfamiliarity with the language of the proceedings may not be an impediment for the exercise and protection of human and minority rights. article 200. state of emergency when the survival of the state or its citizens is threatened by a public danger, the national assembly shall proclaim the state of emergency. the decision on the state of emergency shall be effective 90 days at the most. upon expiry of this period, the national assembly may extend the decision on the state of emergency for another 90 days, by the majority votes of the total number of deputies. during the state of emergency, the national assembly shall convene without any special call for assembly and it may not be dismissed. when proclaiming the state of emergency, the national assembly may prescribe the measures which shall provide for derogation from human and minority rights guaranteed by the constitution. when the national assembly is not in a position to convene, the decision proclaiming the state of emergency shall be adopted by the president of the republic together with the president of the national assembly and the prime minister, under the same terms as by the national assembly. when the national assembly is not in a position to convene, the measures which provide for derogation from human and minority rights may be prescribed by the government, in a decree, with the president of the republic as a co-signatory. measures providing for derogation from human and minority rights prescribed by the national assembly or government shall be effective 90 days at the most, and upon expiry of that period may be extended under the same terms. when the decision on the state of emergency has not been passed by the national assembly, the national assembly shall verify it within 48 hours from its passing, that is, as soon as it is in a position to convene. if the national assembly does not verify this decision, it shall cease to be effective upon the end of the first session of the national assembly held after the proclamation of the state of emergency. in cases when the measures providing for derogation from human and minority rights have not been prescribed by the national assembly, the government shall be obliged to submit the decree on measures providing for derogation from human and minority rights to be verified by the national assembly within 48 hours from its passing, that is, as soon as the national assembly is in a position to convene. in other respects, the measures providing for derogation shall cease to be effective 24 hours prior to the beginning of the first session of the national assembly held after the proclamation of the state of emergency. article 201. the state of war the national assembly shall proclaim the state of war. when the national assembly is not in a position to convene, the decision on proclamation of the state of war shall be passed by the president of the republic together with the president of the national assembly and the prime minister. when proclaiming the state of war, the national assembly may prescribe the measures which shall provide for derogation from human and minority rights guaranteed by the constitution. when the national assembly is not in a position to convene, the measures which provide for derogation from human and minority rights guaranteed by the constitution shall be decided on by the president of the republic together with the president of the national assembly and the prime minister. all measures prescribed in the period of the state of war shall be verified by the national assembly when in a position to convene. article 202. derogation form human and minority rights in the state of emergency and war upon proclamation of the state of emergency or war, derogations from human and minority rights guaranteed by the constitution shall be permitted only to the extent deemed necessary. measures providing for derogation shall not bring about differences based on race, sex, language, religion, national affiliation or social origin. measures providing for derogation from human and minority rights shall cease to be effective upon ending of the state of emergency or war. measures providing for derogation shall by no means be permitted in terms of the rights guaranteed pursuant to articles 23, 24, 25, 26, 28, 32, 34, 37, 38, 43, 45, 47, 49, 62 , 63, 64 and 78 of the constitution. part 9. amending the constitution article 203. proposal to amend the constitution and adoption of the amendment to the constitution a proposal to amend the constitution may be submitted by at least one third of the total number of deputies, the president of the republic, the government and at least 150,000 voters. the national assembly shall decide on amending the constitution. a proposal to amend the constitution shall be adopted by a two-third majority of the total number of deputies. if the required majority of votes has not been achieved, the amending of the constitution according to the issues contained in the submitted proposal which has not been adopted shall not be considered in the following twelve months. in case the national assembly adopts the proposal for amending the constitution, an act on amending the constitution shall be drafted, that is, considered. the national assembly shall adopt an act on amending the constitution by a two-third majority of the total number of deputies and may decide to have it endorsed in the republic referendum by the citizens. the national assembly shall be obliged to put forward the act on amending the constitution in the republic referendum to have it endorsed, in cases when the amendment of the constitution pertains to the preamble of the constitution, principles of the constitution, human and minority rights and freedoms, the system of authority, proclamation the state of war and emergency, derogation from human and minority rights in the state of emergency or war or the proceedings of amending the constitution. when the act on amending the constitution is put forward for endorsement, the citizens shall vote in the referendum within no later than 60 days from the day of adopting the act on amending the constitution. the amendment to the constitution shall be adopted if the majority of voters who participated in the referendum voted in favor of the amendment. the act on amending the constitution endorsed in the republic referendum shall come into force once promulgated by the national assembly. if the national assembly does not decide to put forward the act on amending the constitution for endorsement, the amendment of the constitution shall be adopted by voting in the national assembly, and the act on amending the constitution shall come into force once promulgated by the national assembly. article 204. prohibition to amend the constitution the constitution shall not be amended in the time of the state of war or emergency. article 205. constitutional law a constitutional law shall be enacted for the enforcement of the amendments to the constitution. a constitutional law shall be adopted by a two-third majority of the total number of deputies. part 10. final provision article 206 this constitution shall come into force on the day of its promulgation in the national assembly. preamble the paraguayan people, through their legitimate representatives meeting in constituent national convention, invoking god, recognizing human dignity in order to assure liberty, equality and justice; reaffirming the principles of republican, representative, participative and pluralistic democracy, ratifying the national sovereignty and independence, and integrating the international community, sanctions and promulgates this constitution. asunción, 20 june 1992 part i. of the fundamental declarations of the rights, of the duties, and of the guarantees title i. of the fundamental declarations article 1. of the form of the state and of the government the republic of paraguay is forever free and independent. it constitutes itself as a social state of law, unitary, indivisible, and decentralized in the form established by this constitution and the laws. the republic of paraguay adopts for its government the representative, participative and pluralistic democracy, founded on the recognition of human dignity. article 2. of sovereignty in the republic of paraguay sovereignty resides in the people, who exercise it in accordance with the provisions of this constitution. article 3. of the public power the people exercise the public power through suffrage. the government is exercised by the legislative, executive, and judicial powers within a system of separation, equilibrium, coordination, and reciprocal control. none of these powers may arrogate, or grant to another, or to any person, individual or collectivity, extraordinary faculties or the sum of the public power. dictatorship is outside of the law. title ii. of the rights, of the duties, and of the guarantees chapter i. of life and of the environment section i. of life article 4. of the right to life the right to life is inherent to the human person. its protection is guaranteed, in general, from [its] conception. the death penalty is hereby abolished. all persons will be protected by the state in their physical and psychic integrity, as well as in their honor and their reputation. the law will regulate the freedom of persons to dispose of their own body, only for scientific or medical ends. article 5. of the torture and other crimes [delitos] no one will be submitted to torture or to cruel, inhuman, or degrading penalties or treatments. genocide and torture, as well as the forced disappearance of persons, kidnapping and homicide for political reasons are imprescriptible. article 6. of the quality of life the quality of life shall be promoted by the state through plans and policies that recognize conditioning factors, such as extreme poverty and the impediments of disability or of age. the state shall also promote research on the factors of population and their links with socioeconomic development, with the preservation of the environment and with the quality of life of the inhabitants. section ii. of the environment article 7. of the right to a healthy environment everyone has the right to live in a healthy and ecologically balanced [equilibrado] environment. the preservation, the conservation the re-composition and the improvement of the environment, as well as its conciliation with the complete [integral] human development, constitute priority objectives of social interest. these purposes orient the legislation and the pertinent governmental policy. article 8. of environmental protection the law will regulate the activities susceptible of producing [an] environmental alteration. in the same way [asimismo], it may restrict or prohibit those [activities] that it qualifies as dangerous. the manufacture, the assembly, the importation, the commercialization, the possession or the use of nuclear, chemical and biological weapons, as well as the introduction of toxic waste into the country is prohibited. the law may extend this prohibition to other dangerous elements; in the same way, it may regulate the traffic of genetic resources and their technology, [as a] precaution in [precautelando] the national interests. ecological crime will be defined and sanctioned by the law. any damage to the environment will result in [importará] the obligation to repair [recomponer] and to indemnify. chapter ii. of liberty article 9. of the freedom and of the security of the persons all persons have the right to be protected in their freedom and in their security. no one may be obligated to do what the law does not mandate nor be prevented from what it does not prohibit. article 10. of the proscription of slavery and other [forms of] servitude slavery, personal servitude, and the trafficking [trata] of the persons are proscribed. the law may establish social responsibilities [cargas] in favor of the state. article 11. of the deprivation of liberty no one will be deprived of their physical freedom or brought to justice [procesado], except for mediating the causes and within the conditions established by this constitution and the laws. article 12. of detention and of arrest no one may be detained or arrested without a written order issued by a competent authority, except in the case of being caught [sorprendido] in flagrante delicto committing a crime that merits a physical penalty [pena corporal]. all detained persons have the right: to be informed, at the moment of the act [hecho], of the cause that motivates [the arrest], of their right to remain silent and to be assisted by a defender of their confidence. at the act [acto] of the arrest, the authority is obligated to exhibit the written order that so provides for it; that the detention will be immediately communicated to their family or [to] persons that the detained [person] indicates; to be maintained in free communication, but when, exceptionally, their incommunicado status has been established by [a] competent judicial mandate; the incommunicado [status] will not rule [regirá] with respect to their defender and in no case may it exceed the time period prescribed by the law; to be provided with of an interpreter, if necessary, and to be brought, in a time period no longer than twenty-four hours, before [a disposición] the competent judicial magistrate, for this-one to dispose what corresponds by law [en derecho]. article 13. of no deprivation of freedom for debts the deprivation of freedom for debts is not admitted, unless by [a] mandate of the competent judicial authority dictated for non-compliance [incumplimiento] of food supply duties or as a substitution of [payment of] fines [multas] or judicial bails [fianzas]. article 14. of the non-retroactivity of the law no law may have a retroactive effect, unless it is more favorable to the accused [encausado] or the convicted. article 15. of the prohibition of making justice by oneself [hacerse justicia por si mismo] no one may take the law into their own hands or claim their rights with violence. however, the right to legitimate defense is guaranteed. article 16. of the defense during [en] trial [juicio] the defense during trial of persons and of their rights is inviolable. all persons have the right to be judged by competent, independent, and impartial tribunals and judges. article 17. of procedural rights in the penal process, or in any other [process] in which a penalty or sanction could be handed down [derivarse], any person has the right: to be presumed innocent; to stand a public trial, except for the cases contemplated by the magistrate to safeguard other rights; not to be sentenced without a previous trial [juicio] founded on a law prior to the act of the process, and not to be judged by special tribunals; not to be judged more than one time for the same act. it is not possible to reopen closed cases [procesos fenecidos], with the exception of the favorable review of penal sentences established in the cases specified by the procedural law; to defend themselves or to be assisted by defenders of their choice; to have the state provide them with a public defender [defensor gratuito] in the case of not disposing of the economic means to pay for one [solventarlo] to be informed [comunicado] previously and in detail of the imputation, as well as to dispose of copies, means and time periods indispensable for the preparation of their defense in free communication; to provide, to practice, to control, and to impugn evidence [preubas] not to have opposing them evidence obtained or accusations produced in violation of the juridical norms; to have access, either by themselves or through their defender, to the procedural actions [actuaciones], which, in no case, may be kept secret from them. the preparation of the sumario [statement of facts/criminal dossier] may not be extended beyond the time period established by the law, and to be indemnified by the state in the case of [a] conviction because of a judicial error. article 18. of the restrictions of the declaration no one may be obligated to give testimony [declarar] against themselves, against their spouse or against the person to whom they are united in fact [unida de hecho], nor against their relatives within the fourth degree of consanguinity or second [degree] of affinity inclusive. the illegal acts or the dishonor of the accused [imputados] do not affect their relatives or their close kin [allegados]. article 19. of the preventive imprisonment the preventive imprisonment will only be dictated when it would be indispensable for the proceedings [diligencias] of the trial [juicio]. in no case will it be extended for a longer time than the established minimum sentence for the same crime, in accordance with the classification [calificación] of the act, effected in the respective order [auto]. article 20. of the object of the penalties the penalties that are deprivative of liberty will have for their objective the rehabilitation of the sentenced [person] and the protection of the society. the penalties of confiscation of assets and [of] exile are proscribed. article 21. of the imprisonment of persons persons deprived of their liberty will be imprisoned in adequate establishments, avoiding the mixture of sexes. minors will not be imprisoned with older persons. the imprisonment of the persons detained will take place in places different from those designated for those serving [purgar] a sentence. article 22. of the publication concerning processes the publication on pending [en curso] judicial processes must be done without prejudgment. the defendant must not be presented as guilty before the executory sentence. article 23. of the evidence [prueba] of the truth the evidence of truth and of notoriety will not be admissible in the processes promoted by reason of publications of any character affecting the honor, the reputation or the dignity of persons, and that refer to crimes of private penal action or to private conduct that this constitution or the law declare to be exempt from the public authority. this evidence will be admitted when the process is promoted for the publication of censures of the public behavior of the functionaries of the state, and in the other cases expressly established by the law. article 24. of religious and ideological freedom the freedom of religion, of worship, and ideological [freedom] are recognized without any restrictions other than those established in this constitution and in the law. no religious faith will have official character. the relations between the state and the catholic church are based on independence, cooperation, and autonomy. the independence and the autonomy of the churches and religious faiths are guaranteed, without any restrictions other than those imposed by this constitution and the laws. no one may be interfered with [molestado], questioned, or forced to give testimony [declarar] by reason of their beliefs or of their ideology. article 25. of the expression of the personality all persons have the right to freely express their personality, to creativity, and to forge their own identity and image. ideological pluralism is guaranteed. article 26. of the freedom of expression and of the press the free expression and the freedom of the press are guaranteed as well as the diffusion of thoughts and of opinions, without any censorship, with no other limitations than those provided for in this constitution. in consequence, there will be no law dictated to make them impossible [imposibilitar] or to restrict them. there will be no press crimes, except common crimes committed through the press. any person has the right to generate, process, or diffuse information, and equally to the use of any legal and apt instrument for such goals. article 27. of the use of the mass media of social communication the use of the mass communication media is of public interest; in consequence, their functioning may not be closed or suspended. the press lacking responsible direction will not be admitted. any discriminatory practice in the provision of supplies to the press, as well as interfering the radio-electrical frequencies and the obstruction, in any way, of the free circulation, distribution, and sale of periodicals, books, magazines, or other publications with a responsible direction or authors are prohibited. informative pluralism is guaranteed. the law will regulate the publicity to the effect of best protecting the rights of the child, of youth, of the illiterate, of the consumer, and of the woman. article 28. of the right to be informed the right of the persons to receive true, responsible, and equitable information is recognized. the public sources of information are free for everyone. the law will regulate the corresponding modalities, time periods and sanctions for them, in order to make this right effective. any person affected by the diffusion of a false, distorted, or ambiguous information has the right to demand its rectification or its clarification by the same means and under the same conditions in which it was divulged, without prejudice to the other compensatory rights. article 29. of the freedom to practice journalism the practice of journalism, in all its forms, is free and is not subject to prior authorization. the journalists of the mass media of social communication, fulfilling their functions, will not be obligated to act against the dictates of their conscience or to reveal their sources of information. the columnists have the right to publish their signed opinions, uncensored, in the media for which they work. the head [dirección] [of the media] may exempt itself from any responsibility by stating its disagreement. the right of the journalists to be the authors of the intellectual, artistic, or photographic product of their work is recognized, irrespective of their techniques, in accordance with the law. article 30. of electromagnetic communication signals the emission and the propagation of the electromagnetic communication signals are of the public domain of the state, which, exercising the national sovereignty, will promote the full use of these signals in accordance with the rights proprietary [propios] to the republic and in accordance with the ratified international agreements [convenios] in the matter. the law will assure, in equal opportunities, the free access to the better use [aprovechamiento] of the electromagnetic spectrum, as well as to that of the electronic instruments of accumulation and processing of the public information, without any greater limitations than those imposed by the international regulations and the technical standards [normas]. the authorities will assure that these elements are not use to infringe personal or family intimacy or the other rights established by this constitution. article 31. of the mass media of social communication of the state the law will regulate the media of communication dependent on the state in their organization and in their functioning, having to guarantee the democratic and pluralistic access to the same of all the social and political sectors, with equal opportunity. article 32. of the freedom of assembly and of manifestation persons have the right to meet and to manifest peacefully, without weapons and with licit ends, without the need of a permit, as well as the right not to be obligated to participate in such acts. the law may only regulate its exercise in places of public traffic, [and] at certain hours, preserving the rights of third parties and the public order established by the law. article 33. of the right to intimacy personal and family intimacy, as well as the respect of private life, is inviolable. the behavior of persons, that does not affect the public order established by the law or the rights of third parties[,] is exempted from the public authority. the right to the protection of intimacy, of dignity, and of the private image of persons is guaranteed. article 34. of the inviolability of private premises any private premise is inviolable. it may only be alienated or closed with a judicial order in accordance with the law. exceptionally, it may also be [alienated or closed], additionally, in the case of flagrante delicto or to prevent its imminent perpetration, or to avoid damage to the person or to the property. article 35. of the identification documents the identification documents, licenses or personal certificates [constancias] of the persons may not be seized [incautados] or retained by the authorities. these [authorities] may not deprive them of these, except in those cases specified by the law. article 36. of the right to the inviolability of the documental patrimony [patrimonio documental] and of the private communication the documental patrimony of the persons is inviolable. the records, regardless of the technique used, the printed matter, the correspondence, the writings, the telephonic, telegraphic, cable graphic or any other kind of communication, the collections or the reproductions, the testimonies and the objects of testimonial value, as well as their respective copies, may not be examined, reproduced, intercepted, or seized [secuestrados] except by a judicial order for cases specifically specified in the law, and when they would be indispensable for [the] clearing up of matters of the competence of the corresponding authorities. the law will determine the special modalities for the examination of commercial accounting and of obligatory legal records. the documental evidence obtained in violation of that prescribed above lacks validity in trial. in every case, strict reservation will be observed regarding that which would not be related to the [person] investigated. article 37. of the right to conscientious objection the right to conscientious objection for ethical or religious reasons is recognized for those cases in which this constitution and the law admit it. article 38. of the right to defend common interests [intereses difusos] any person has the right, individually or collectively, to demand from public authorities measures to defend the environment, the integrity of the habitat, the public health, the national cultural heritage [acervo], the interests of the consumers and others that, because of their legal nature, pertain to the community and are related to the quality of life and to the collective patrimony. article 39. of the right to just, adequate indemnification all persons have the right to be fairly and adequately indemnified for the damages or prejudices they would be object to on the part of the state. the law will regulate this right. article 40. of the right to petition the authorities any person, individually or collectively and without special requirements, has the right to petition the authorities, in writing, which must respond within the time period and in accordance with the modalities determined by the law. any petition that has not obtained a response in that time [plazo] will be considered [as] denied. article 41. of the right to circulate and to residency all paraguayans have the right to reside in their fatherland [patria]. the inhabitants can circulate freely throughout the national territory, change their domicile or their residence, absent themselves from the republic or return to it and, in accordance with the law, incorporate their assets into the country or take them out of it. the law, observing these rights, will regulate the migration. the law, taking into consideration the international agreements on this matter, will regulate the entry into the country of foreigners with no final residence in it. foreigners granted final residence in the country will not be obligated to abandon it, except by virtue of [a] judicial sentence. article 42. of the freedom of association all persons are free to associate or unionize themselves with licit ends[;] also no one is obligated to belong to a specific [determinado] association. the law will regulate the form of the colleges of professionals [colegiación profesional]. secret associations and those of a paramilitary character are prohibited. article 43. of the right to asylum paraguay recognizes the right to territorial and diplomatic asylum to all persons persecuted for political motives or crimes[,] or for common crimes connected [conexos] to them, as well as for their opinions or beliefs. the authorities must immediately grant the personal documentation and the corresponding safeconduct. no political asylum-seeker [asiliado] will be transferred compulsively to the country whose authorities are persecuting him. article 44. of taxes no one will be obligated to pay taxes or to provide personal services that have not been established by the law. no excessive bails will be demanded nor outrageous fines will be imposed. article 45. of unstated rights and guarantees the enunciation of the rights and guarantees contained in this constitution must not be understood as the negation of others that, being inherent to the human personality, do not expressively figure in it. the lack of [a] regulatory law may not be invoked to deny or to curtail any right or guarantee. chapter iii. of the equality article 46. of the equality of persons all the inhabitants of the republic are equal in dignity and rights. no discriminations are admitted. the state will remove the obstacles and prevent the factors that maintain or propitiate them. the protections established concerning unjust inequalities will not be considered as discriminatory factors, but as egalitarian [factors]. article 47. of the guarantees of equality the state will guarantee to all inhabitants of the republic: equality in access to justice, for which effect it will level [allanará] the obstacles that would prevent it; equality before the laws; equality in access to the non-elective public functions, without any requirement other than suitability [for the job], and equal opportunities in the participation of the benefits of nature, of the material assets, and of the culture. article 48. of the equality of rights of men and women men and women have equal civil, political, social, economic and cultural rights. the state will promote the conditions and will create the adequate mechanisms for, making equality real and effective, by leveling [allanando] the obstacles that prevent or hinder its exercise and facilitating the participation of women in all areas [ámbitos] of the national life. chapter iv. of the rights of the family article 49. of the protection of the family the family is the foundation of society. its complete [integral] protection will be promoted and guaranteed. it includes the stable union of a man and a woman, the children, and the community formed with anyone of their progenitors and their descendants. article 50. of the right to constitute [a] family all persons have the right to constitute [a] family, in whose formation and development the man and the woman will have the same rights and obligations. article 51. of the matrimony and of the effects of the unions of fact the law will establish the formalities to celebrate matrimony between a man and a woman, the requirements to contract it, the causes for separation, for dissolution and their effects, as well as the regime of administration of assets and other rights and obligations between spouses. the unions of fact between a man and a woman, without legal impediments to contract matrimony, that meet the conditions of stability and singularity, produce similar effects to a matrimony, within the conditions established by the law. article 52. of the union in matrimony the union in matrimony of a man and a woman is one of the fundamental components in the formation of a family. article 53. of children the parents have the right and the obligation to assist, to feed, to educate, and to shelter [amparar] their minor children. the law will punish them in the case of non-fulfillment of their duties of providing food [asistencia alimentaria]. adult [mayores de edad] children are obligated to give assistance to their parents in the case of necessity. the laws will regulate the assistance that should be given to the large family [familia de prole numerosa] and to women who head families. all children are equal before the law. it will make possible the investigation of paternity. any qualification concerning the filial relationship in the personal documents is prohibited. article 54. of the protection of the child the family, the society, and the state have the obligation of guaranteeing the child his harmonious and complete [integral] development, as well as the full exercise of his rights, protecting him against abandonment, undernourishment, violence, abuse, trafficking, and exploitation. any person may demand of the competent authority the fulfillment of such guarantees and the sanction for the offenders [infractores]. in case of conflict, the rights of a child have prevailing character. article 55. of maternity and paternity responsible maternity and paternity will be protected by the state, which will promote the creation of [the] necessary institutions to these ends. article 56. of youth the conditions for an active participation of youth in the political, social, economic, and cultural development of the country shall be promoted. article 57. of the senior citizens [tercera edad] all senior persons have the right to a complete [integral] protection. the family, the society, and the public powers will promote their well-being through social services that see to [fulfilling] their needs for food, health, housing, culture, and leisure. article 58. of the rights of exceptional people for exceptional persons, the care of their health, of their education, of their recreation and of their professional training for a complete [integral] social integration is guaranteed. the state will organize a policy for the prevention, the treatment, the rehabilitation and integration of the physically, psychologically and sensorially disabled, to whom it will give the specialized care they require. to enjoy the rights that this constitution grants to all the inhabitants of the republic, with equal opportunity, in order to compensate their disadvantages, will be recognized to them. article 59. of the family asset the family asset is recognized as an institution of social interest whose regime will be determined by the law. it will be constituted by the family housing [vivienda] or the estate [fundo], and by its furniture and elements of work, which will be non-seizable [inembargables]. article 60. of the protection against violence the state shall promote policies having the purpose of avoiding violence in the family environment and other destructive causes of its solidarity. article 61. of family planning and of maternal-child health [care] the state recognizes the right of persons to freely and responsibly decide the number and the frequency of the birth of their children, as well as to receive, in coordination with the pertinent organs[,] education, scientific orientation, and adequate services in the matter. special plans of reproductive health and maternal-child health [care] for people of scarce resources will be established. chapter v. of the indigenous peoples article 62. of the indigenous peoples and the ethnic groups this constitution recognizes the existence of the indigenous peoples, defined as groups of [a] culture prior to the formation and the organization of the paraguayan state. article 63. of the ethnic identity the right of the indigenous peoples to preserve and to develop their ethnic identity in the respective habitat is recognized and guaranteed. they have the right, likewise, to freely apply their systems of political, social, economic, cultural, and religious organization, as well as the voluntarily subjection to their customary norms for the regulation of [their] internal coexistence [convivencia], as long as they do not infringe upon the fundamental rights established in this constitution. concerning conflicts of jurisdiction the indigenous customary right will be taken into account. article 64. of the property of the community the indigenous peoples have [the] right to communal ownership of the land [propiedad comunitaria], in [an] extension and quality sufficient for the preservation and the development of their particular [peculiares] forms of lifestyles. the state will provide them gratuitously with these lands, which will be non-seizable [inembargables], indivisible, non-transferrable, imprescriptible, not susceptible to guarantee contractual obligations nor to be leased; likewise, they will be exempt from taxes. the removal or transfer of [the indigenous peoples] from their habitat without their express consent is prohibited. article 65. of the right to participate the right to participate in the economic, social, political and cultural life of the country, is guaranteed to the indigenous peoples in accordance with their customary uses, of the constitution, and the national laws. article 66. of the education and assistance the state will respect the cultural particulars [peculiaridades] of the indigenous peoples, especially in that related to formal education. in addition, their defense against demographic regression, the depredation of their habitat, environmental contamination, economic exploitation, and cultural alienation[,] will be attended to. article 67. of the exoneration the members of the indigenous peoples are exonerated from providing [prestar] [the] social, civil or military services, as well as from the public responsibilities [cargas] established by the law. chapter vi. of health article 68. of the right to health the state will protect and promote health as a fundamental right of the person and in the interest of the community. no one may be deprived of public assistance to prevent or treat diseases, pests or plagues, or of aid [socorro] in the cases of catastrophe or accidents. all persons are obligated to submit themselves to the health [sanitarias] measures that the law established, within the respect for the human dignity. article 69. of the national system of health a national system of health that executes integrated sanitary actions with policies that make possible [posibilitar] to concur, to coordinate and to complement programs and resources from the private and public sectors shall be promoted. article 70. of a the social welfare regime the law will establish programs of social welfare through strategies based on health education and on community participation [participación comunitaria]. article 71. of the drug trade, of drug addiction and of rehabilitation the state will repress the production and the illegal trafficking of narcotic substances and other dangerous drugs, as well as the act destined to legitimate the money from [proveniente] such activities. equally, it will also combat the illegal consumption of those drugs. the law will regulate the production and the medical use of the same. preventive education programs and [programs] of rehabilitation of the addicts will be established, with the participation of private organizations. article 72. of the control of quality the state will see to the control of the quality of the food [alimenticios], chemical, pharmaceutical, and biological products, throughout the stages of production, import, and commercialization. likewise it will facilitate the access of sectors with scarce resources [escasos recursos] to the medicines considered essential. chapter vii. of education and of culture article 73. of the right to education and of its goals [fines] all persons have [the] right to [a] complete [integral] and permanent education, which[,] as a system and [a] process[,] is accomplished within the context of the culture of the community. its goals [fines] are the full development of the human personality and the promotion of freedom and peace, social justice, solidarity, cooperation and the integration of the peoples; the respect for human rights and the democratic principles; the affirmation of the commitment to the fatherland [patria], to the cultural identity and the intellectual, moral, and civic training, as well as the elimination of the educational contents of a discriminatory character. the eradication of illiteracy and the preparation [capacitación] for work are permanent objectives of the educational system. article 74. of the right to learn and of the freedom to teach the right to learn and to equal opportunities to access the benefits of the humanistic culture, of science, and of technology, without any discrimination, is guaranteed. the freedom to teach, without any requirement other than suitability [idoneidad] and ethical integrity, as well as the right to a religious education and to ideological pluralism are also guaranteed. article 75. of educational responsibility education is [a] responsibility of the society and falls particularly to the family, the municipality, and the state. the state will promote programs of supplemental nutrition [complemento nutricional] complement and provide [suministro] school supplies to the students of scarce resources. article 76. of the obligations of the state elementary [básica] school education is obligatory. in the public schools it will have a gratuitous character. the state shall promote middle, technical, agricultural, industrial, and superior or university teaching, as well as scientific and technological research. the organization of the educational system is an essential responsibility of the state, with the participation of the different educational communities. this system will include the public and private sectors, as well as the school and extracurricular areas [ámbito]. article 77. of teaching in the native [materna] language teaching at the beginnings of the school process will be realized in the official native language of the student. they will also be instructed in the knowledge and the use of both official languages of the republic. in the case of the ethnic minorities, whose native language is not guarani, it will be possible to choose either of the two official languages. article 78. of the technical education the state shall promote preparation for work through technical education, in order to form the human resources required for the national development. article 79. of the universities and superior institutes the principal objective [finalidad] of the universities and superior institutes will be superior professional training, scientific and technological research, as well as university extension [extensión universitaria]. the universities are autonomous. they will establish their statutes and forms of government and they will elaborate their study plans in accordance with the national educational policy and the national development plans. the freedom of teaching and that of chaired professorship [cátedra] is guaranteed. the universities, whether public or private, will be created by the law, which will determine which professions need university degrees [títulos] for their exercise. article 80. of the funds for scholarship and aids the law will provided for the constitution of funds for scholarships and other aids, with the objective of facilitating intellectual, scientific, technical or artistic training of persons, preferentially of those lacking resources. article 81. of the cultural patrimony the necessary means for the conservation, the rescue and the restoration of objects, documents and spaces of a historical, archaeological, paleontological, artistic or scientific value, as well as their respective physical surroundings, which are part of the cultural patrimony of the nation[,] will be arbitrated. the state will define and register those that are found in the country and, the case arising, it will administrate [gestionará] the recovery of those that are found abroad. the competent organs will be responsible for the safeguarding and for the rescue [rescata] of the various expressions of the oral culture and of the collective memory of the nation, in cooperation with any person [particulares] following the same objective. the inappropriate use [uso] and the unnatural employment [empleo] of such assets, their destruction, their fraudulent [dolosa] alteration, the removal from their original places and their sale [enajenación] with export goals [fines] are prohibited. article 82. of the recognition of the catholic church the predominant role [protagonismo] of the catholic church in the historical and cultural formation of the nation is recognized. article 83. of cultural diffusion and exemption from taxes the objects, the publications and the activities that have a significant value for the cultural diffusion and for education, will not be imposed [no se gravarán] with municipal or fiscal taxes. the law will regulate these exemptions and will establish a regime of stimulus for the introduction and incorporation into the country of the necessary elements for the exercise of the arts and scientific and technological research, and as well as for their diffusion in the country and abroad. article 84. of the promotion of sports the state shall promote sports, especially those of a non-professional character, that stimulate physical education, providing economic support and tax exemptions to be established by the law. equally, it shall stimulate the national participation in international competitions. article 85. of the minimum budget the resources destined to education in the general budget of the nation will not be lower than 20 percent of the total assigned to the central administration, loans and donations excluded. chapter viii. of labor section i. of labor rights article 86. of the right to work all the inhabitant of the republic have the right to a legal job, freely chosen and to realize it in dignifying and just conditions. the law will protect work in all its forms and the rights that it grants to the workers are non-renounceable. article 87. of full employment the state shall promote policies that tend to the full employment and to the professional training of human resources, giving preference to national workers. article 88. of nondiscrimination no kind of discrimination will be admitted between the workers for motives of ethnic, gender [sexo], age, religion, social status and political or syndical preferences. the work of persons with limitations or physical or mental incapacities will be especially protected [amparado]. article 89. of the work of women the workers of both sexes have the same labor rights and obligations, but maternity will be subject to special protection, that will include the assistance services and the corresponding leaves of absence [descansos], which will not be less than 12 weeks. a woman may not be terminated [despedida] during the pregnancy, or as long as the leaves of absence for maternity continue. the law will establish the regime of paternity licenses. article 90. of the work of minors priority will be given to the rights of working minors to guarantee their normal physical, intellectual and moral development. article 91. of the working days [jornadas] and of resting days the maximum duration of the ordinary working day will not exceed eight daily hours and 48 weekly hours, of daytime, except those legally established for special motives. the law will establish more favorable working days for the unsanitary, dangerous, painful, [and] night time tasks, or those whose development is in continuous rotating shifts. the annual leaves of absence and vacations will be remunerated in accordance with the law. article 92. of the remuneration of the work the workers have right to enjoy a remuneration that assures, them and their families, of a free and dignifying life. the law will consecrate the minimum and mobile living wage [salario vital], the annual year-end bonus [aguinaldo], the family bonuses, the recognition of a superior salary to the basic for hours of [a] unsanitary or risky work, and the extraordinary, night and holiday hours. basically, equal salary for equal work corresponds. article 93. of the additional benefits to workers the state will establish a regime of stimulus for the enterprises that encourage their workers with additional benefits. such additional remunerations [emolumentos] will be independent from the respective salaries and from the other legal benefits. article 94. of stability and of indemnification the right to stability of the workers is guaranteed within the limits established by the law, as well as their right to indemnification in the case of unjustified dismissal. article 95. of social security the law will established the obligatory and complete [integral] system of social security for the dependent workers and their families. its extension will be promoted to all the sectors of the population. the services of the social security system may be public, private or mixed, and in all cases will be supervised by the state. the financial resources of the social securities will not be diverted from their specific goals [fines] and; will be available for this objective, without prejudice to the lucrative investments that could increase their patrimony. article 96. of the syndical freedom all workers[,] public and private[,] have the right to organize themselves in trade unions [sindicatos] without a prior authorization. the members of the armed forces and of the police forces are excepted from this right. the employers enjoy an equal freedom of organization. no one may be obligated to belong to a trade union [sindicato]. for the recognition of a trade union [sindicato], it will be enough to register it with the competent administrative organ. for the election of authorities and for the functioning of the trade unions [sindicatos], democratic practices established in the law will be observed, which will also guarantee the stability of the syndical leader [dirigente]. article 97. of the collective agreements [convenios] the trade unions [sindicatos] have the right to promote collective actions and to concur in [concertar] agreements on the conditions of work. the state will favor conciliatory solutions of the conflicts of labor and social concurrence [concertación]. arbitration will be optional. article 98. of the right to strike and to lock-out [paro] all the workers of the public and private sectors have the right to invoke [recurrir] the strike in the case of conflict of interests. the employers enjoy the right of lock-out in the same conditions. the rights to strike and of lock-out do not extend to [alcanzan] the members of the armed forces of the nation, nor those of the police. the law will regulate the exercise of these rights, so that they do not affect public services indispensable [imprescindibles] to the community. article 99. of compliance with the labor norms compliance with the labor norms and those of safety and hygiene at work will be subject to the fiscal control of the authorities created by the law, which will establish the sanctions in the case of their violation. article 100. of the right to housing [vivenda] all the inhabitants of the republic have the right to a dignifying housing. the state will establish the conditions to make this right effective, and shall promote plans of housing of social interest, specially those destined to families of scarce resources, through systems of adequate financing. section ii. of the public function article 101. of the functionaries and of the public employees the functionaries and the public employees are at the service of the country. all paraguayans have the right to occupy public functions and employments. the law will regulate the various careers in which these functionaries and employees provide [presten] services, which, without prejudice to others, are the judicial, teaching [la docente], the diplomatic and consular, that of scientific and technological research, that of civil service, the military and the police [careers]. article 102. of the labor rights of the functionaries and of the public employees the functionaries and the public employees enjoy the rights established in this constitution in the section concerning labor rights, in a uniform regime for the various careers within the limits established by the law and safeguarding the acquired rights. article 103. of the regime of retirement the law will regulate the regime of retirement of the functionaries and the public employees within the national system of social security, seeing to it [atendiendo] that the autarchic organs created with that purpose grant [acuerden] to the contributors [aportantes] and retired [persons] [jubilados] the administration of those entities [entes] under state control. all those who, under any title, provide [presten] services to the state will participate in the same regime. the law will guarantee the updating of the retirement assets in equality of treatment exempting [dispensando] the public functionary in active [service]. article 104. of the obligatory declaration of assets and income [rentas] the functionaries and the public employees, including those of popular election, those of bi-national, autarchic, decentralized state entities [entidades] and, in general, those who receive permanent remunerations from the state, will be obligated to provide [prestar] [a] sworn declaration of assets and income [rentas] within fifteen days of entering into possession of their office [cargo], and in [an] equal time period at the ceasing of the same. article 105. of the prohibition of double remuneration no person may perceive as [a] functionary or [a] public employee, more than one salary or remuneration simultaneously, with the exception of those coming from the exercise of teaching. article 106. of the responsibility of the functionary and of the public employee no functionary or public employee is exempt from responsibility. in the cases of transgressions, misdemeanors or faults committed while in the performance of their functions, they are personally responsible, without prejudice to the subsidiary responsibility of the state, with right of the state to claim [repetir] the payment of what it were to credit [abonar] under such concept. chapter ix. of the economic rights and of the agrarian reform section i. of the economic rights article 107. of the freedom of competition [concurrencia] all persons have the right to dedicate themselves to the legal economic activity of their preference, within a regime of equal opportunities. competition at the market is guaranteed. the creation of monopolies and the artificial increase or decrease of prices that restrict [traben] free competition will not be permitted. usury and the unauthorized commerce of harmful articles will be punished by the penal law. article 108. of the free circulation of products the goods of national production or fabrication, and those coming legally from abroad, will freely circulate within the territory of the republic. article 109. of private property private property, whose content and limits will be established by the law, attending to its economic and social function, in order to make it accessible to all[,] is guaranteed. private property is inviolable. no one may be deprived of his property if not by virtue of [a] judicial sentence, nevertheless the expropriation for cause of public utility or social interest, which will be determined in each case by law, is admitted. it will guarantee the prior payment of a fair indemnification, established conventionally or by a judicial sentence, except the unproductive latifundia [large scale land ownership] destined for agrarian reform, according to the procedure for expropriations to be established by law. article 110. of copyrights and intellectual property all authors, inventors, producers, or merchants [comerciantes] will enjoy the exclusive property of their work, invention, brand or commercial name, in accordance with the law. article 111. of the transfers of the public enterprises whenever the state decides to transfer public enterprises or its participation in them to the private sector, it will give preferential option of purchase to the workers and sectors directly involved with the enterprise. the law will regulate the form in which this option will be established. article 112. of the domain of the state the dominion [dominio] over the hydrocarbons, solid, liquid and gaseous minerals that are found in a natural state in the territory of the republic, with the exception of the petrous, earthy and calcareous substances[,] corresponds to the state. the state may grant concessions to persons or to public or private enterprises, mixed, national or foreign, for the prospecting, the exploration, the research, the mining [cateo] or the exploitation of deposits [yacimientos] for a limited time. the law will regulate the economic regime that contemplates the interests of the state, those of the concessionaires and those of the owners that could be affected. article 113. of the promotion of cooperatives the state will promote cooperative enterprise and other associative forms of production of goods and services, based on the solidarity and the social profitability [rentabilidad], to which it will guarantee their free organization and their autonomy. the principles of the cooperativism, as instruments for the national economic development, shall be diffused through the education system. section ii. of agrarian reform article 114. of the objectives of agrarian reform agrarian reform is one of the fundamental factors to achieve rural well-being. it consists of the effective incorporation of the peasant [campesina] population to the economic and social development of the nation. equitable systems of distribution, property and tenancy of the land shall be adopted; the credit and the technical, educational and sanitary assistance shall be organized; the creation of agricultural cooperatives and other similar associations shall be promoted; and the production, the industrialization and the rationalization of the market for the complete [integral] development of the agricultural [sector] shall be promoted. article 115. of the bases of agrarian reform and of rural development agrarian reform and rural development are effected in accordance with the following bases: the adoption of a tax system and other measures that stimulate the production, discourage the latifundium [large-scale ownership] and guarantee the development of pequeña [small-scale] and medium-sized rural property, accordingly to the particulars of each zone; the rationalization and the regularization of the use of the land and of the practices of farming to prevent its degradation, as well as the promotion of intensive and diversified agricultural production; the promotion of pequeña and of medium-sized agricultural enterprise; the programming of peasant settlements; the adjudication [adjudicación] of parcels of land as property to the beneficiaries of agrarian reform, specifying the infrastructure needed for its settlement and permanent settlement [arraigo], with an emphasis on roads [vialidad], education, and health; the establishment of systems and organizations that assure fair prices to the primary producer; the granting of agricultural credits, at low-cost and without intermediaries; the defense and the preservation of the environment; the creation of agricultural insurance [seguro agrícola]; support to the peasant woman, especially to who is head of [the] family; the participation of the peasant woman, in equality with the man, in the plans of agrarian reform; the participation of the subjects of agrarian reform in the respective process, and the promotion of peasant organizations in defense of their economic, social and cultural interests; the preferential support to nationals in the plans of agrarian reform; the education of the farmer and that of his family, in order to capacitate them as active agents of national development; the creation of regional centers for the study and agrological classification [tipificación] of the soils, to establish agricultural titles [rubros] in the regions [where] apt; the adoption of policies that stimulate the interest of the population in agricultural tasks, by creating professional training centers in rural areas, and the promotion of internal migration, attending to demographic, economic and social reasons. article 116. of the unproductive latifundia with the objective to progressively eliminate the unproductive latifundia, the law will attend to the natural aptitude of the lands, to the needs of the sector of the population linked to agriculture and to the advisable specifications [previsiones aconsejables] for the balanced development of the agricultural, farming, forest and industrial activities, as well as to the sustainable better use of [aprovechamiento] the natural resources and of the preservation of the ecological equilibrium. the expropriation of the unproductive latifundia allocated to agrarian reform will be established in each case by the law, and will be credited [se abonará] in the reform and in the period of time determined by the same. chapter x. of the political rights and duties article 117. of the political rights the citizens, without distinction of gender [sexo], have the right to participate in public matters, directly or through their representatives, in the form determined by this constitution and the laws. the access of women to public functions shall be promoted. article 118. of suffrage suffrage is [a] right, [a] duty, and [a] function of the elector. it constitutes the basis of the democratic and representative regime. it is founded on the universal, free, direct, equal, and secret vote; in the public and supervised [fiscalizado] ballot, and in the proportional representation system. article 119. of suffrage concerning the intermediate organizations for the elections in the intermediate, political, syndical and social organizations, the same principles and norms of suffrage will be applied. article 120. of the electors paraguayan citizens, without distinction, that have turned eighteen years old are electors. the paraguayans residing abroad are electors. the citizens are electors and eligible, with no other restrictions than that established in this constitution and in the law. the foreigners with definitive residence [radicación] will have the same rights in the municipal elections. article 121. of the referenda the legislative referendum, decided by the law, can or may not be binding. this institution will be regulated by law. article 122. of the matters that may not be the object of [a] referendum [the following] may not be object of [a] referendum: international relations, treaties, international conventions or agreements; expropriations; the national defense; the limitations of the real estate property; the matters relative to the tax, monetary and banking systems, the contracting of loans [contratación de empréstitos], the national general budget, and the national, the departmental and the municipal elections. article 123. of the popular initiative the right to the popular initiative to propose drafts [proyectos] of law to the congress is recognized to the electors. the form of the proposals, as well as the number of electors who must subscribe to them, will be established in the law. article 124. of the nature and the functions of the political parties the political parties are juridical persons [personas juridicas] of public law. they must express pluralism and participate in the training of the elective authorities, to the orientation of the national, departmental or municipal policies and to the civic training of the citizens. article 125. of the freedom of organization in political parties or movements all the citizens have the right to freely associate themselves in political parties and or movements to participate in, through democratic methods, the election of the authorities specified in this constitution and in the laws, as well as in the orientation of the national policy. the law will regulate the constitution and the functioning of the political parties and movements, in order to assure the democratic character of the same. it will only be possible to cancel the juridical personality of the political parties and movements by virtue of [a] judicial sentence. article 126. of the prohibitions to the political parties and movements the political parties and movements, in their functioning, may not: receive economic aid [auxilio], directions or instructions from foreign organizations or states; establish structures which, directly or indirectly, imply the use of, or a call for, violence as [a] methodology of the political activity [quehacer], and constitute themselves with the goals [fines] of substituting by the force the regime of freedom and democracy, or of endangering the existence of the republic. chapter xi. of the duties article 127. of compliance with the law all persons are obligated to comply with the law. the free criticism of the law [is permitted], but it is not permitted to advocate [predicar] its disobedience. article 128. of the primacy of the general interest and of the duty to collaborate in no case may the interest of individuals [particulares] prevail over the general interest. all the inhabitants must collaborate for the good of the country, providing [prestando] the services and performing the functions defined as of public responsibility [carga], determined by this constitution and the law. article 129. of the military service all paraguayan have the obligation to prepare themselves and to provide [prestar] their participation [concurso] for the armed defense of the fatherland [patria]. to this end, the obligatory military service is established. the law will regulate the conditions under which this duty will be made effective. the military service must be complied with[,] with full dignity and respect for the person. in time of peace, it may not exceed 12 months. women will only provide [prestarán] military service as auxiliaries in the case of necessity, during [an] armed international conflict. those who declare their objection of conscience will provide [prestarán] [a] service benefiting the civilian population, through assistance centers designated by law and under civilian jurisdiction. the regulation and the exercise of this right should not have [a] punitive character nor impose burdens superior to those established for the military service. the personal military service not determined by the law, or for the benefit or particular profit [lucro] of persons or private entities[,] is prohibited. the law will regulate the contribution of foreigners to the national defense. article 130. of the glorious sons [beneméritos] of the fatherland [patria] the veterans of the war of the chaco [guerra del chaco] and those of other armed international conflicts that are waged in the defense of the fatherland [patria], will enjoy honors and privileges; pensions that allow them to live decorously; preferential assistance, gratuitous and complete for their health, as well as other benefits, according to what the law determines. their widows and minor or handicapped children, including those [of] veterans who were dead prior to the promulgation of this constitution[,] will succeed to the economic benefits. the benefits granted to the glorious sons of the fatherland [patria] will not suffer restrictions and will be of immediate validity [vigencia], with no requirements but their unfailing certification. the bolivian ex-prisoners of war, who since the signing of the treaty of peace would have made the choice of integrating themselves definitively into the country, are equated to the veterans of the war of the chaco, concerning the economic benefits and assistance advantages [prestaciones]. chapter xii. of the constitutional guarantees article 131. of the guarantees the guarantees contained in this chapter are established to make effective the rights consecrated in this constitution, [and] will be regulated by the law. article 132. of unconstitutionality the supreme court of justice has the faculty to declare the unconstitutionality of the juridical norms and of the judicial resolutions, in the manner and to the extent [alcances] established in this constitution and in the law. article 133. of habeas corpus this guarantee can be interposed by the affected [persons] themselves or by the interposition of another person, without the need of power by any legitimate [fehaciente] means, and before any judge of first instance of the respective judicial circumscription. habeas corpus may be: preventive: by virtue of which all persons, in the imminent moment [trance] of being illegally deprived of their physical freedom, may obtain [recabar] the review [examen] of the legitimacy of the circumstances that, in their opinion [criterio], threaten their freedom, as well as an order [orden] for the ceasing of those restrictions. reparative: by virtue of which all persons who would find themselves illegally deprived of their freedom may obtain [recabar] the rectification of the circumstances of the case. the magistrate will order the appearance [comparecencia] of the detainee, with a report [informe] from the public or private agent who made the detention, within the 24 hours of the filing of the petition. if the [agent so] required failed to do so, the judge will constitute himself at the place where the person is being held [recluida], and at that place he will make [a] judgment of merits and will provide for his immediate freedom, in the same way as if the appearance of the detainee had been complied with and the report had been filed. if legal motives that authorize the deprivation of his freedom do not exist, he will provide for it immediately; if there were a written order from a judicial authority, he will refer the prior records [antecendentes] to [the authority] who provided for the detention. generic: by virtue of which rectification of circumstances may be requested that, not being contemplated in the two prior cases, restrict the freedom or threaten the personal security [of a person]. in the same way, this guarantee may be interposed in the cases of physical, psychological or moral violence against individuals who have been legally deprived of their freedom. the law will regulate the various modalities of habeas corpus, which can proceed even during the state of exception. the procedure will be brief, summary and gratuitous [and] can be initiated ex officio. article 134. of amparo all persons that for an act or an omission, manifestly illegitimate, of an authority or of a particular [person], consider themselves gravely affected, or in imminent danger to become so in rights and guarantees consecrated in this constitution or in the law, and that due to the urgency of the case may not be remedied through the ordinary way [via], may promote amparo before the competent magistrate. the procedure will be brief, summary, gratuitous and of popular action for the cases specified by the law. the magistrate will have the faculty to safeguard the right or guarantee, or to immediately restore[,] the infringed juridical situation. if it were about an electoral issue, or [an issue] relative to political organizations, the electoral justice will be competent. amparo may not be promoted in the processing [tramitación] of judicial causes, or against acts by judicial organs, or in the process of formation, sanction and promulgation of the laws. the law will regulate the respective procedure. the sentences falling under amparo may not result in finality [no causarán estado]. article 135. of habeas data all persons may access the information and the data that about themselves, or about their assets, [that] is [obren] in official or private registries of a public character, as well as to know the use made of the same and of their end. [all persons] may request before the competent magistrate the updating, the rectification or the destruction of these, if they were wrong or illegitimately affected their rights. article 136. of the competence and of the responsibility of the magistrates no judicial magistrate that would have competence may refuse to decide [entender] in the actions or recourses specified in the previous articles; if he does so without justification, he will be prosecuted and, if it is the case, removed. in the decisions they dictate, the judicial magistrates must also pronounce themselves on the responsibilities committed by the authorities by [obra] the illegal proceeding and, if circumstances mediate that they[,] prima facie[,] so evidence the perpetration of [a] crime, they will order the detention or suspension of the responsible [persons], as well as any precautionary [cautelar] measure that would proceed for the greater effectiveness of those responsibilities. in the same way, if they have competence, they will prepare [instruirá] the pertinent sumario [statement of facts] and they will give intervention to the public ministry; if they do not have [competence], they will pass on the prior records [antecendentes] to the competent magistrate for his prosecution [of the matter]. part ii. of the political order of the republic title i. of the nation and of the state chapter i. of the general declarations article 137. of the supremacy of the constitution the supreme law of the republic is the constitution. [the constitution], the treaties, conventions and international agreements approved and ratified, the laws dictated by the congress and other juridical provisions of inferior hierarchy, sanctioned in consequence, integrate the positive national law [derecho positivo] in the enounced order of preference [prelación]. whoever attempts to change that order, outside [al margen de] the procedures specified in this constitution, would incur in the crimes that will be classified and punished in the law. this constitution will not lose its force or stop being observed because of acts of force nor may [it] be abrogated [derogada] by any other means different from the ones it provides [dispone]. all the provisions or acts of authority opposed to that established in this constitution lack validity [validez]. article 138. of the validity of the juridical order the citizens are authorized to resist those usurpers, through every means at their reach. in the hypothesis that [a] person or group of persons, invoking any principle or representation contrary to this constitution, [should] wield the public power, their actions are declared null and of no validity [valor], nonbinding and, for this, the people exercising their right to resist oppression, are excused from complying with them. the foreign states that, for any circumstance, relate themselves to such usurpers, may not invoke any pact, treaty or agreement subscribed to or authorized by the usurping government, [so as] to demand it later as an obligation or commitment of the republic of paraguay. article 139. of the symbols the symbols of the republic of paraguay [are]: the flag of the republic; the national seal, and the national anthem. the law will regulate the characteristics of the symbols of the republic that were not specified in the resolution of the extraordinary general congress of 25 november 1842, and will determine their use. article 140. of the languages paraguay is a multicultural and bilingual country. castilian and guarani are official languages. the law will establish the modalities for using one and the other. the indigenous languages, as well as those of other minorities, are part of the cultural patrimony of the nation. chapter ii. of international relations article 141. of international treaties international treaties validly celebrated, approved by [a] law of the congress, and whose instruments of ratification were exchanged or deposited, are part of the internal legal order with the hierarchy determined in article 137. article 142. of the denunciation of the treaties the international treaties relative to human rights may only be denounced by the procedures that govern for the amendment of this constitution. article 143. of international relations the republic of paraguay, in its international relations, accepts international law and adjusts itself to the following principles: national independence; the self-determination of the peoples; the juridical equality among all states; international solidarity and cooperation; the international protection of the human rights; the free navigation of the international rivers; nonintervention, and the condemnation of all forms of dictatorship, colonialism, and imperialism. article 144. of the renunciation of war the republic of paraguay renounces war, but it sustains the principle of legitimate defense. this declaration is compatible with the rights and obligations of paraguay in its character as member of the united nations organization and of the american states organization, or as a part in integration treaties. article 145. of the supranational juridical order the republic of paraguay, in conditions of equality with other states, admits a supranational juridical order which guarantees the enforcement of human rights, of peace, of justice, of cooperation and of development, in political, economic, social and cultural [matters]. those decisions can only be adopted by the absolute majority of each chamber of the congress. chapter iii. of nationality and of citizenship article 146. of natural nationality the following are of natural paraguayan nationality: the persons born in the territory of the republic; the children of a paraguayan father or mother who, being one or both at the service of the republic, are born abroad; the children of a paraguayan father or mother born abroad, when they reside permanently in the republic, and the children of unknown [ignorados] parents, found in the territory of the republic. the formalization of the right consecrated in paragraph 3) will be effected by simple declaration of the interested [person], when they are older than eighteen years of age. if they are not yet [eighteen], the declaration of their legal representative will be valid until such age, remaining subject to ratification by the interested [person]. article 147. of the non-deprivation of the natural nationality no natural paraguayan will be deprived of their nationality, but they may voluntarily renounce to it. article 148. of nationality by naturalization foreigners may obtain paraguayan nationality through naturalization if they meet the following requirements: majority of age; minimum residence of three years in [the] national territory; regular exercise in the country of any profession, job [oficio], science, art or industry, and good conduct, defined in the law. article 149. of multiple nationality multiple nationalities may be admitted through [an] international treaty or through reciprocity of constitutional rank between the states of the natural origin and that of [the] adoption. article 150. of the loss of nationality the naturalized paraguayan nationals lose nationality by virtue of an unjustified absence [ausencia] from the republic for more than three years, declared judicially [judicialmente], or by the voluntary acquisition of another nationality. article 151. of honorary nationality the foreigners who have provided [prestado] services to the republic, by law of the congress, may be distinguished with honorary nationality. article 152. of citizenship [the following] are citizens: all persons of natural paraguayan nationality, from eighteen years of age, and all persons of paraguayan nationality by naturalization, after two years of having obtained it. article 153. of the suspension of the exercise of citizenship the exercise of citizenship is suspended: because of the adoption of another nationality, excepting international reciprocity; because of [an] incapacity declared in trial, that prevents [a person] from acting [obrar] freely and with discernment, and when the person is serving a prison sentence, with a penalty that deprivative of liberty. the suspension of citizenship concludes when the cause that determined it legally ceases. article 154. of the exclusive competence of the judicial power the law will establish the norms concerning the acquisition, recovery and options of nationality, as well as concerning the suspension of the citizenship. the judicial power will have exclusive competence to decide [entender] in these cases. chapter iv. of the territorial order of the republic section i. of the general provisions article 155. of the territory, of sovereignty, and of inalienability the national territory may never be yielded, transferred, leased, or alienated in any way, even temporarily, to any foreign power [potencia]. the states maintaining diplomatic relations with the republic, as well as the international organs of which it is a part, may only acquire the necessary estates [inmuebles] for the seat [sede] of their representations, in accordance with the prescriptions of the law. in these cases, the national sovereignty over the ground will always be safe. article 156. of the political and administrative structure for the purpose of the political and administrative structuring of the state, the national territory is divided into departments, municipalities and districts, which, within the limits of this constitution and of the laws, enjoy political, administrative and normative autonomy for the administration [gestión] of their interests, and of autarchy in the collection [recaudación] and investment of their resources. article 157. of the capital the city of asunción is the capital of the republic and seat to the powers of the state. it is constituted as a municipality, and is independent from all departments. the law will establish its limits. article 158. of the national services the creation and the functioning of services of national character in the jurisdiction of the departments and of the municipalities will be authorized by the law. they may be established equally departmental services, through agreements between the respective departments and municipalities. article 159. of the departments and municipalities the creation, the fusion, or the modification of the departments and their capitals, the municipalities and the districts, in such case, will be determined by the law, attending to the socioeconomic, demographic, ecological, cultural and historical conditions of the same. article 160. of the regions the departments may be grouped in regions, for the better development of their respective communities. their constitution and their functioning will be regulated by the law. section ii. of the departments article 161. of the departmental government the government of each department will be exercised by a governor and by departmental board [junta]. they will be elected by direct vote of the citizens residing in the respective departments, in elections [comicios] coincident with the general elections, and they will remain five years in their functions. the governor represents the executive power in the execution of the national policy. he may not be reelected. the law will determine the composition and the functions of the departmental boards [juntas]. article 162. of the requirements to be governor it is required: to be a natural paraguayan; to be already thirty years of age, and to be [a] native of the department and with residence in the same for at least one year. in the case that the candidate is not a native [oriundo] of the department, he must have resided in it for at least five years. both time periods will be counted immediately before the elections. the inabilities for candidates to governor will be the same as those for president and vice-president of the republic. the same requirements as for the office [cargo] of governor rule [rigen] to be [a] member of the departmental board [junta]; except for the age, which must be that of already twenty-five years of age. article 163. of competence [the following] are of the competence of the departmental government: to coordinate their activities with those of the different municipalities of the department; to organize the common departmental services, such as public works, power [and] potable water supply and others that would affect jointly more than one municipality, as well as to promote the associations of cooperation among them; to prepare [preparar] the departmental development plan, which must be coordinated with the national development plan, and to prepare [elaborar] the annual budgetary formulation, to be considered in the general budget of the nation; to coordinate the departmental action with the activities of the central government, especially [concerning] that related to the offices of national character of the department, primarily in the area of health and in that of education; to provide for the integration of the councils of departmental development, and the other competences established by this constitution and the law. article 164. of the resources the resources of the departmental administration are [the following]: the corresponding portion of taxes, rates and contributions defined and regulated by this constitution and by the law; the allocations [asignaciones] or subsidies that the national government assigned to them; the proprietary [propias] income [rentas] determined by the law, as well as the donations and the legacies, and the other resources established by the law. article 165. of the intervention the executive power can intervene in the departments and the municipalities, with the prior agreement of the chamber of deputies, in the following cases: at the request of the board of the department or of the municipality, by decision of an absolute majority; because of the disintegration of the board of the department or of the municipality that makes its functioning impossible, and because of grave irregularity in the execution of the budget or in the administration of its assets, after resolution [dictamen] of the comptroller general of the republic. the intervention will not be prolonged for more than ninety days, and if the result of it was the existence of the case specified in paragraph 3), the chamber of deputies, by an absolute majority, may dismiss the governor or the mayor [intendente], or the board of the department or of the municipality[;] the superior electoral tribunal must convoke new elections to constitute the authorities that will replace the ones that have ceased their functions, within the ninety days following the resolution dictated by the chamber of deputies. section iii. of the municipalities article 166. of the autonomy the municipalities are the local government organs with juridical personality [personería juridica] that, within their competence, have political, administrative and normative autonomy, as well as autarchy in the collection and investing of their resources. article 167. of the municipal government the government of the municipalities will be the responsibility of a mayor and of a municipal board, which will be elected by direct suffrage by the legally qualified [habilitadas] persons. article 168. of the attributions the attributions of the municipalities, in their territorial jurisdiction and in accordance with the law are: the free administration [gestión] in the matters of their competence, particularly in those of urbanism, environment, food supplies [abasto] education, culture, sports, tourism, sanitary and social assistance, institutions of credit, bodies [cuerpos] of inspection and of police; the administration and the disposition of their assets; the elaboration of their budgets of income and expenses; the participation in the national income [rentas] the regulation of the amount of the retributive rates of services effectively provided [prestados], which may not exceed their cost; the issuance [dictado] of ordinances, regulations and resolutions; the access to private credit and to public credit, national and international; the regulation and the fiscal control of traffic, of the public transportation and that of other matters relative to the circulation of vehicles, and the other attributions established by this constitution and the law. article 169. of real estate tax [impuesto inmobiliario] the totality of the tax revenues from real estate property in a direct form will correspond to the municipalities and to the departments. its collection will be competence of the municipalities. seventy percent of the [amount] collected by each municipality will remain as its property [propiedad], fifteen percent in that of the respective department and the remaining fifteen percent will be distributed among the municipalities of less resources, in accordance with the law. article 170. of the protection of resources no institution of the state, autonomous entity, autarchic or decentralized[,] may appropriate income or revenues from the municipalities. article 171. of the categories and of the regimes the law will establish the different categories and regimes of municipalities, attending to [atendiendo] the conditions of population, of economic development, of geographical, ecological, cultural [and] historical situation and to other determinant factors of its development. the municipalities may associate with each other to face commonly the realization of their goals [fines] and, through law, with municipalities from other countries. chapter v. of the public force article 172. of the composition the public force is integrated, exclusively, by the military and police forces. article 173. of the armed forces the armed forces of the nation constitute a national institution that will be organized with a permanent character, professional, non-deliberative, obedient, subordinated to the state powers and subject to the provisions of this constitution and of the laws. their mission is to guard [custodiar] the territorial integrity and to defend the legitimately constituted authorities, in accordance with this constitution and the laws. the law will determine their organization and their personnel [efectivos]. the military [personnel] on active service will conform their actions to the laws and regulations, and they may not join any political party or movement, or realize any type of political activity. article 174. of the military tribunals the military tribunals will only judge crimes and faults of military character, qualified as such by the law, and committed by military personnel on active service. their decisions [fallos] can be appealed before the ordinary justice. when it concerns [se trate] a fact foreseen and punishable, both by the common penal law and by the military penal law, it will not be considered as a military crime, unless it was committed by a military person on active service and exercising military functions. in the case of doubt as to whether the crime is common or military, it will be considered as common. only in the case of international armed conflict, and in the form provided for by the law, may these tribunals have jurisdiction over civilian persons and retired military personnel. article 175. of the national police the national police is a professional, non-deliberative, obedient institution, organized with permanent character and in hierarchic dependence to the organ of the executive power entrusted with [encargado] the internal security of the nation. within the framework of this constitution and of the laws, it has the mission to preserve the legally established public order, as well as the rights and the security of the persons and entities and of their assets; to occupy itself with the prevention of the crimes; to execute the mandates of the competent authorities and, under judicial direction, to investigate crimes. the law will regulate its organization and its attributions. the command of the national police will be exercised by a superior official from its permanent cadre. the police personnel on active service may not join any political party or movement, or realize any type of political activity. the creation of bodies [cuerpos] of independent police may be established by law, which will establish their attributions and respective competences, within the municipal area and within the other powers of the state. chapter vi. of the economic policy of the state section i. of national economic development article 176. of the economic policy and of the promotion of development the economic policy will have as goals [fines], fundamentally, the promotion of the economic, social and cultural development. the state shall promote economic development through the rational use of the available resources, with the objective of stimulating [impulsar] an orderly and sustained growth of the economy, of creating new sources of jobs and of wealth, of increasing the national patrimony and of assuring the well-being of the population. development will be promoted with global programs that coordinate and orient the national economic activity. article 177. of the character of the development plans the national plans of development will be indicative for the private sector, and of obligatory fulfillment for the public sector. section ii. of financial organization article 178. of the resources of the state for the fulfillment of its goals [fines], the state establishes taxes, rates, contributions and other resources; it exploits by itself or through concessionaires the assets of its private domain, over which it determines "royalties", compensations or other rights, in just [justas] and appropriate conditions for the national interests; it organizes the exploitation of the public services and it provides for [percibe] the canon [canon] of the rights to be established. it contracts internal or international loans destined to the national programs of development; it regulates the financial system of the country, and it organizes, establishes and composes the monetary system. article 179. of the creation of taxes all taxes, whatever their nature or denomination may be, will be exclusively established by the law, in response to just economic and social principles, as well as to policies favorable to the national development. determining the taxable matters, the obligated subjects and the character of the tax system is also proprietary to the law. article 180. of double imposition the same act that generates the tax obligation may not be subject to double imposition. in [its] international relations, the state may celebrate agreements that avoid double imposition, on the basis of reciprocity. article 181. of the equality of the tax equality is the basis of the tax. no tax will have a confiscatory character. its creation and its enforcement [vigencia] will attend to the contributive capacity of the inhabitants and to the general conditions of the economy of the country. title ii. of the structure and of the organization of the state chapter i. of the legislative power section i. of the general provisions article 182. of [its] composition the legislative power will be exercised by the congress, composed by one chamber of senators and another of deputies. the titular and substitute members of both chambers will be directly elected by the people, in accordance with the law. the substitute members will substitute the titular members in the case of death, resignation or inability of them, for the rest of the constitutional term or for as long as the inability lasts, if it were temporary. in all the other cases, the regulation of each chamber will resolve it [resolverá]. article 183. of the meeting in congress only both chambers, meeting in congress, will have the following duties and attributions: to receive the oath or the promise, when assuming the office [cargo], of the president of the republic, of the vice president and of the members of the supreme court of justice; to grant or to deny to the president of the republic the corresponding permission, in the cases specified by this constitution; to authorize the entry of foreign armed forces into the territory of the republic and the departure abroad of the national [forces], except for the cases of mere courtesy; to receive the heads of state or of government of other countries, and the other duties and attributions established in this constitution. the presidents of the chamber of senators and of the chamber of deputies will preside over the meetings of the congress as president and vice president, respectively. article 184. of the sessions both chambers of the congress will meet annually in ordinary sessions, from the first of july of each year to the next 30 of june with a time period of recess from the twenty-first of december to the first of march, [the] date at which they will rendered their report to the president of the republic. both chambers will be convoked to extraordinary sessions or will extend their sessions by the decision of one-fourth of the members of either of them; by resolution of twothirds of the members [integrantes] of the permanent commission of the congress, or by decree of the executive power. the president of the congress or that of the permanent commission must convoke them in the peremptory time [término] of forty-eight hours. the extension of the sessions will be effected in the same way. the extraordinary [sessions] will be convoked to discuss a determined agenda, and will be closed once this [agenda] has been exhausted. article 185. of the joint sessions the [two] chambers will sit jointly in the cases specified in this constitution or in the regulation of the congress, where the necessary formalities will be established. the legal quorum will be formed with half plus one of the total of each chamber. except for the cases in which this constitution establishes qualified majorities, the decisions will be taken by [a] simple majority of votes of the members present. for the votes of the chambers of the congress, half plus one of the members present will be understood for simple majority; for majority of two-thirds, the two-thirds parts of the members present; for absolute majority, the legal quorum, and for absolute majority of two-thirds, the two-thirds parts of the total number of members of each chamber. the provisions specified in this article will also be applied to the joint sessions of both chambers meeting in congress. the same regime of quorum and majorities will be applied to any elective collegiate [colegiado] organ specified by this constitution. article 186. of the commissions the [two] chambers will function in plenary [sessions] and in unicameral or bicameral commissions. all the commissions will be integrated, as possible, proportionally, in accordance with the blocs [bancadas] represented in the chambers. at the beginning of the annual sessions of the legislature, each chamber will designate the advisory permanent commissions. these may request reports or opinions from persons and public or private entities, in order to produce their resolutions [dictámenes] or to facilitate the exercise of the other faculties that correspond to the congress. article 187. of the election and of the duration the titular and substitute senators and deputies will be elected in elections simultaneously with the presidential [elections]. the legislators will remain five years in their mandate, from the first of july and they may be reelected. the definitive or temporary vacancies of the chamber of deputies will be filled by the substitutes elected for the same department, and those of the chamber of senators will be filled by the substitutes of the list proclaimed by the electoral justice. article 188. of the swearing or promise in the act of their incorporation to the chambers, the senators and deputies will take an oath or a promise to perform themselves duly in their office and to act in accordance with what this constitution prescribes. none of the chambers may sit, deliberate or adopt decisions without the presence of the absolute majority. a lesser number may, nevertheless, compel the absent members to attend the sessions under the terms established by each chamber. article 189. of life senators [senadurías] the former presidents of the republic, democratically elected, will be senators for life of the nation, unless they were submitted to political trial and found guilty. they will not integrate the quorum. they will have voice but not vote. article 190. of the regulations each chamber will write its regulations. with a majority of two-thirds it may admonish or warn any of its members, for misconduct in exercising their functions, and suspend them up to sixty days without compensation [dieta]. by an absolute majority it may remove [a member] for mental or physical incapacity, declared by the supreme court of justice. in the cases of resignation, it will be decided by a simple majority of votes. article 191. of the immunities no member of the congress may be accused judicially [judicialmente] for the opinions emitted by him in the performance of his functions. no senator or deputy may be detained from the day of their election until the ceasing of their functions, unless they are caught in flagrante delicto that deserves physical penalty. in this case, the authority intervening will place them under house arrest, it will immediately inform the respective chamber and the competent judge of the fact, to whom it will remit the prior record [antecedentes] as soon as possible. when a cause is formed against a senator or a deputy before the ordinary tribunals, the judge will communicate it, with a copy of the prior record [antecedentes], to the respective chamber, which will examine the merit of the sumario [statement of facts], and by a majority of two-thirds will decide if there should be loss of privilege [desafuero] or not [ha lugar o no], [in order for him] to be submitted to [a] process. in the affirmative case, it will suspend him from his privileges [fueros]. article 192. of the request of reports the [two] chamber may request from the other powers of the state, from the autonomous, autarchic and decentralized entities [entes], and from the public functionaries, the reports on matters of public interest that they consider necessary, with the exception of the jurisdictional activity. the affected [parties] are obligated to respond to the requisition for reports within the assigned time period, which may not be less than fifteen days. article 193. of the summoning and of interpellation each chamber, by an absolute majority, may summon and interpellate individually the ministers and other high functionaries of the public administration, as well as the directors and administrators of the autonomous, autarchic, and decentralized entities, those of the entities that administer funds of the state and those of the enterprises with a major participation of the state, when they are discussing a law or studying a matter concerning their respective activities. the questions must be conveyed to the summoned [person] with at least five days of advance. excepting just cause, it will be obligatory for the summoned [person] to attend to the requirements, to answer the questions and to provide all the information asked of them. the law will determine the participation of the majority and of the minority in the formulation of the questions. the president of the republic, the vice president and the members of the judicial power, in jurisdictional matters, may not be summoned or interpellated. article 194. of the vote of censure if the summoned [person] does not attend the respective chamber, or if it considers his declarations unsatisfactory, both chambers, by an absolute majority of two-thirds, may emit a vote of censure against him and recommend his removal from the office to the president of the republic or to his hierarchic superior. if the motion of censure is not approved, no other motion on the same theme regarding the same summoned minister or functionary may be presented, in that period of sessions. article 195. of the commissions of investigation both chambers of the congress may constitute joint commissions of investigation on any matter of public interest, as well as on the conduct of their members. the directors and administrators of the autonomous, autarchic and decentralized entities [entes], those of the entities that administrate funds of the state, those of the enterprises with a major participation of the state, the public functionaries and the individuals [particulares] are obligated to appear before the two chambers and to supply to them the information and the documentations required from them. the law will establish the sanctions for the non-fulfillment of this obligation. the president of the republic, the vice president, the ministers of the executive power and the judicial magistrates, in jurisdictional matters, may not be investigated. the activity of the investigating commissions will not affect the privative attributions of the judicial power, nor infringe [lesionar] the rights and guarantees consecrated in this constitution; their conclusions will not be binding on the tribunals nor may they undermine the judicial resolutions, without prejudice to the result of the investigation, which will be communicated to the ordinary justice. the judges will order, in accordance with the law, the proceedings [diligencias] and proofs required, for the purposes of the investigation. article 196. of the incompatibilities the advisers of public offices [reparticiones], the functionaries and other employees with a salary from the state or from the municipalities, whatever may be the denomination with which they appear [figuran] and the concept of their remunerations, as long as the designation to such offices subsist[,] may be elected, but may not perform legislative functions. the partial exercise of teaching and that of the scientific research are exempted from the incompatibilities established in this article. no senator or deputy may be a party in enterprises exploiting public services or having concessions from the state, nor exercise juridical assistance or the representation of such, personally [por sí] or by an intermediate person. article 197. of the inabilities [the following] may not be candidates for senators or deputies: those condemned by a executory [firme] sentence to penalties deprivative of freedom, as long as the sentence lasts; those condemned to a penalty of inability for the exercise of the public function, as long as such lasts; those condemned for the commission of electoral crimes, for as long as the sentence lasts; the judicial magistrates, the representatives of the public ministry, the procurator general of the state, the public defender, the comptroller general of the republic, the sub-comptroller, and the members of the electoral justice; the ministers or clergymen of any faith; the representatives or mandatories [mandatarios] of national or foreign enterprises, corporations or entities [entidades], which are concessionaires of services for the state, or executors of works [obras] or suppliers of goods for the state; the military and police personnel on active service; the candidates for president of the republic or for vice president; and the owners or co-owners of the media of communication; the citizens affected by the inabilities specified in paragraphs 4), 5), 6), and 7) must cease in their inability to be candidates ninety days, at least, before the date of registration of their lists at the superior tribunal of electoral justice. article 198. of the relative inability the ministers of the executive power; the sub-secretaries of state; the presidents of councils or general administrators of the decentralized, autonomous, autarchic, bi-national or multinational entities [entes], those of enterprises with a major participation of the state, and the governors and mayors, if they do not resign from their respective offices and [their resignations] are accepted at least ninety days before the date of the elections[,] may not be elected senators or deputies. article 199. of the permissions the senators and deputies may only accept responsibilities [cargos] of minister or of diplomat. to perform them, they must request permission from the respective chamber, to which they can be reinstated at the end of those functions. article 200. of the election of authorities each chamber will constitute their authorities and designate their employees. article 201. of the loss of investiture [investidura] the senators and deputies may lose their investiture, in addition to the cases already specified, for the following causes: the violation of the regime of inabilities and incompatibilities specified in this constitution, and the improper use of influence, [as a] proven fact [fehaciente comprobado]. the senators and deputies may not be subject to imperative mandates. article 202. of the duties and of the attributions [the following] are duties and attributions of the congress: to see to the observance of this constitution and of the laws; to dictate the codes and other laws, to modify them or repeal them, by interpreting this constitution; to establish the political division of the territory of the republic, as well as the regional, departmental and municipal organizations; to legislate on tax matters; to sanction annually the law of the general budget of the nation; to dictate the electoral law; to determine the legal regime of the sale and that of the acquisition of the fiscal, departmental and municipal assets; to issue internal resolutions and agreements, as well as to formulate declarations, in accordance with their faculties; to approve or to reject the treaties and other international agreements signed by the executive power; to approve or to reject the contracting of loans; to authorize, for a determined time, concessions for the exploitation of national or multinational public services or of the assets of the state, as well as for the extraction and transformation of solid, liquid and gaseous minerals; to dictate laws for the organization of the administration of the republic, for the creation of decentralized entities [entes] and for the ordering [ordenamiento] of the public credit; to issue laws of emergency in the case of disaster or of public calamity; to receive the constitutional oath or promise of the president of the republic, of the vice president and of the other functionaries, in accordance with that established in this constitution; to receive from the president of the republic, a report on the general situation of the country, on his administration and on the plans of government; in the form provided for in this constitution; to accept or to reject the resignation of the president of the republic and that of the vice president; to provide [prestar] the agreements and to effect the appointments that this constitution prescribes, as well as the designations of representatives of the congress to other organs of the state; to grant amnesties; to decide on the transfer of the capital of the republic to another point of the national territory, by an absolute majority of two-thirds of the members of each chamber; to approve or reject, totally or partially and [with] prior report from the comptroller general of the republic, the detail and the justification of the income and expenses of the public finances concerning the budgetary execution; to regulate river, maritime, air, and space navigation, and the other duties and attributions specified by this constitution. section ii. of the formation and the sanction of the laws article 203. of the origin and of the initiative the laws may have origin in any of the [two] chambers of the congress, by a proposal from their members; by a proposal from the executive power; by popular initiative or by that of the supreme court of justice, in the cases and in the conditions specified in this constitution and in the law. the exceptions concerning the origin of the laws in favor of one or the other chamber or of the executive power are, exclusively, those established expressly in this constitution. every bill of law will be presented with an exposition of motives. article 204. of the approval and of the promulgation of the bills a bill of law approved by the chamber of origin, will immediately be passed on to the other chamber for its consideration. if this [chamber], in its turn, approves it also, the bill will be sanctioned and, if the executive power provides [prestara] its approval to it, it will promulgate it as law and will provide for its publication within five days. article 205. of the automatic promulgation any bill of law that is not objected to or returned to the chamber of origin in the time period of six working days, if the bill contains up to ten articles, or twelve working days, if the bill contains from twelve to twenty articles, and of twenty working days if the articles are more than twenty[,] is considered approved by the executive power. in all these cases, the bill will be automatically promulgated and its publication will be provided for. article 206. of the procedure for the total rejection when a bill of law, approved by one of the chambers, is completely rejected by the other, it will return to that [chamber] for a new consideration. when the chamber of origin ratifies itself by absolute majority, it will pass again to the reviewing [chamber], which can only reject it again by absolute majority of two-thirds and, if it is not obtained, the bill will be considered [reputará] sanctioned. article 207. of the procedure for partial modification a bill of law approved by the chamber of origin, that has been partially modified by the other, will pass on to the first [chamber], where only each one of the modifications made by the reviewing [chamber] will be discussed. for these cases the following is established: if all the modifications are accepted, the bill will be sanctioned. if all the modifications were rejected by absolute majority, they will pass again to the reviewing chamber and, if this [chamber] ratifies itself in its previous sanction by absolute majority, the bill will be sanctioned; if there were no ratification, the bill approved by the chamber of origin will be sanctioned, and, if some of the modifications were accepted and others were rejected, the bill will pass again to the reviewing chamber, where only the rejected modifications will be discussed in a global form, and if they were accepted by absolute majority, or rejected, the bill will be sanctioned in the form resolved by it. the bill of law sanctioned, with any of the alternatives specified in this article, will be passed on to the executive power for its promulgation. article 208. of the partial objection a bill of law, partially objected to by the executive power, will be returned to the chamber of origin for it to study and pronounce on the objections. if this chamber rejects them by absolute majority, the bill will pass on to the reviewing chamber, where it will follow the same process [trámite]. if this [chamber] also rejects those objections by the same majority, the original [primitiva] sanction will be confirmed, and the executive power will promulgate and publish it. if the [two] chambers desist on the objections, the bill may not be repeated in the sessions of that year. the objections may be totally or partially accepted or rejected by both chambers of the congress. if the objections were totally or partially accepted, both chambers may decide, by absolute majority, [on] the sanction of the nonobjected part of the bill of law, in which case, this [part] must be promulgated and published by the executive power. the objections will be treated by the chamber of origin within the sixty days of its reception [ingreso] at the same, and in identical case [plazo] by the reviewing chamber. article 209. of the total objection if a bill of law is totally rejected by the executive power, it will return to the chamber of origin, which will discuss it again. if this [chamber] confirms the initial sanction by absolute majority, it will pass on to the reviewing chamber; if this [chamber] approves it by the same majority, the executive power will promulgate and publish it. if the [two] chambers desist on the total rejection, that bill may not be repeated in the sessions of that year. article 210. of the treatment of urgency the executive power may request the urgent treatment of bills of law that it sends to congress. in these cases, the bill will be treated by the chamber of origin within the thirty days of its reception, and by the reviewing one in the thirty next days. the bill will be considered approved if it is not rejected within the specified time periods. the treatment of urgency may be requested by the executive power even after the remission of the draft, or in any stage of its process [trámite]. in those cases, the time period will start running from the reception of the request. each chamber, by a two-thirds majority, may rescind [dejar sin efecto], at any moment, the process of urgency, in which case the ordinary one will be applied from that moment. the executive power, within the ordinary legislative period, may request the congress for urgent treatment of only three draft of law, unless the chamber of origin, by a two-thirds majority, agrees to give such treatment to other bills. article 211. of the automatic sanction a bill of law presented in one chamber or the other, and approved by the chamber of origin during the ordinary sessions, will pass on to the reviewing chamber, which must deal with it within the non-extendable term of three months. at the end of which, and after written communication from the president of the chamber of origin to the reviewing chamber, it will be considered [reputará] that this [chamber] has provided [prestado] its favorable vote to it, passing it on to the executive power for its promulgation and publication. the indicated term will be interrupted from the twenty-first of december until the first of march. the reviewing chamber may deal with the bill of law during the next period of ordinary sessions, as long as it does so within the remaining time for the expiration of the non-extendable time period of three months. article 212. of the withdrawal or of the renouncement [desistimiento] the executive power may withdraw from the congress the bills of law that it had sent, or renounce them, unless they were approved by the chamber of origin. article 213. of publication the law only obligates by virtue of its promulgation and its publication. if the executive power does not fulfill the duty of publishing the laws in the terms and in the conditions that this constitution establishes, the president of the congress, by default, the president of the chamber of deputies, will provide for its publication. article 214. of the formulas the formula to be used in the sanction of the laws is: “the congress of the paraguayan nation sanctions with [the] force of law.” for the promulgation of the same, the formula is: “to be regarded [téngase] as law of the republic, to be published [publíquese] and to be inserted [insértese] in the registro oficial [official gazette].” article 215. of the delegated commission each chamber, with the vote of the absolute majority, may delegate to commissions the treatment of bills of laws, of resolutions and of declarations. by a simple majority, it may withdraw them in any state prior to the approval, rejection or sanction by the commission. the general budget of the nation, the codes, the international treaties, the bills of laws of taxes or military character, the ones concerning the organization of the powers of the state and those originating from the popular initiative[,] may not be the object of delegation. article 216. of the general budget of the nation the executive power will annually present the bill of law of the general budget of the nation, no later than the first of september, and its consideration by the congress will have an absolute priority. a bicameral commission will be integrated which, [once] the bill is received, will study it and present [a] resolution [dictamen] to its respective chambers in a time period no greater than sixty consecutive days. [once] the resolution is received, the chamber of deputies will address itself to the study of the bill in plenary sessions, and it must deal with it in a time period no greater than fifteen consecutive days. the chamber of senators will have at its disposal the equal time period to study the bill, with the modifications introduced by the chamber of deputies, and, if it approves them, the same will be sanctioned. in the opposite case, the bill will return with the objections to the other chamber, which will decide [se expedirá] within the time period of ten consecutive days, exclusively on the points of discrepancy with the senate, proceeding in the form specified in article 208, paragraphs 1), 2), and 3), always within the time period of ten consecutive days. all the time periods established in this article are peremptory, and the failure [falta] to deal with of any of the bills will be understood as approval. the chambers may totally reject the bill presented for their study by the executive power, only by absolute majority of the two-thirds of each one of them. article 217. of the enforcement of the budget if the executive power, for any reason, does not present to the legislative power the draft of the general budget of the nation within the established time periods, or if the same was rejected in accordance with the previous article, the budget of the current fiscal exercise continues to be in force. section iii. of the permanent commission of the congress article 218. of the conformation fifteen days before entering into recess, each chamber will designate by an absolute majority the senators and the deputies who, in the number of six and twelve as titular [members] and three and six as substitutes, respectively, will conform the permanent commission of the congress, which will exercise its functions from the beginning of the recess period of the congress until the resumption of the ordinary sessions. the titular [members] of the permanent commission so meeting, will designate [a] president and other authorities, and written notice of that will be given to the other powers of the state. article 219. of the duties and of the attributions [the following] are duties and attributions of the permanent commission of the congress: to see to the observance of this constitution and of the laws: to dictate its own regulations; to convoke the [two] chambers to preparatory sessions, with the object of effecting in opportune time the annual opening of the congress; to convoke and to organize the extraordinary sessions of both chambers, in accordance with that established in this constitution; to authorize the president of the republic, during the recess of the congress, to temporarily absent himself from the national territory, in the cases specified in this constitution, and the other duties and attributions established by this constitution. article 220. of the final reports the permanent commission, at the end of its activity [actuación], will provide [prestará] each chamber a final report of the same, and will be responsible before them for the measures it may have adopted or authorized. section iv. of the chamber of deputies article 221. of the composition the chamber of deputies is the chamber of departmental representation. it will be composed of eighty titular [members] at a minimum, and of an equal number of substitutes, elected directly by the people in departmental electoral colleges [colegios]. the city of asunción will constitute an electoral college [colegio] with representation in this chamber. the departments will be represented by at least one titular deputy and one substitute; the superior tribunal of electoral justice, before each election and in accordance with the number of electors in each department, will establish the number of seats [bancas] that corresponds to each one of them. the law may increase the quantity of deputies accordingly to the increment of the electors. the natural paraguayan nationality and to be already twenty-five years old are required to be elected deputy[,] titular or substitute[,]. article 222. of the exclusive attributions of the chamber of deputies [the following] are exclusive attributions of the chamber of deputies: to initiate the consideration of the bills of law relative to the departmental and municipal legislation; to designate or to propose the magistrates and functionaries, in accordance with that established by this constitution and the law; to provide [prestar] [an] agreement for the intervention in the departmental and municipal governments, and the other exclusive attributions established by this constitution. section v. of the chamber of senators article 223. of its composition the chamber of senators will be composed of forty-five titular [members] at minimum, and of thirty substitutes, elected directly by the people in one sole national circumscription. the law may increase the quantity of senators, accordingly to the increment of the electors. the natural paraguayan nationality and to be already thirty-five years old are required to be elected senator[,] titular or substitute. article 224. of the exclusive attributions of the chamber of senators [the following] are exclusive attributions of the chamber of senators: to initiate the consideration of the bills of law relative to the approval of international treaties and agreements; to provide [prestar] [an] agreement for the promotions [ascensos] of the military and the national police [personnel], from the rank of colonel of the army or its equivalent in the other armies [armas] and services, and from that of head commissioner [comisario principal] for the national police; to provide [prestar] [an] agreement for the designation of the ambassadors plenipotentiary and ministers abroad; to designate or to propose the magistrates and functionaries in accordance with that established by this constitution; to authorize sending the permanent military paraguayan forces abroad, as well as the entry of foreign military troops into the country; to provide [prestar] [an] agreement for the designation of the president and the directors of the central bank of the state; to provide [prestar] [an] agreement for the designations of the paraguayan directors of the bi-national entities [entes], and the other exclusive attributions established by this constitution. section vi. of the political trial [juicio político] article 225. of the procedure the president of the republic, the vice president, the ministers of the executive power, the ministers of the supreme court of justice, the attorney general of the state, the defender of the people, the comptroller general of the republic, the sub-comptroller and the members of the superior tribunal of electoral justice, may only be submitted to political trial for malfeasance [mal desempeño] of their functions, for crimes committed in the exercise of their offices or for common crimes. the accusation will be formulated by the chamber of deputies, by a majority of two-thirds. it will correspond to the chamber of senators, by absolute majority of two-thirds, to judge in public trial those accused by the chamber of deputies and, in such case, to declare them guilty, for the sole purpose of removing them from their offices. in the cases of supposed commission [comisión] of crimes, the prior records [antecedentes] will be passed on to the ordinary justice. chapter ii. of the executive power section i. of the president of the republic and of the vice president article 226. of the exercise of the executive power the executive power is exercised by the president of the republic. article 227. of the vice president there will be a vice president of the republic who, in case of impediment or temporary absence of the president or permanent vacancy of such office, will immediately substitute him, with all his attributions. article 228. of the requirements to be president of the republic or vice president, it is required: to have natural paraguayan nationality; to be already thirty years old, and to be in full exercise of their civil and political rights. article 229. of the duration of the mandate the president of the republic and the vice president will remain five nonextendable years in the exercise of their functions, counting from the fifteenth of august following the elections. they may not be reelected in any case. the vice president may only be elected president for the next period if he had ceased in his office six months before the general elections. whoever had exercised the presidency for more than twelve months may not be elected vice president of the republic. article 230. of the presidential elections the president of the republic and the vice president will be elected jointly and directly by the people, by simple majority of votes, in general elections realized between ninety and one hundred and twenty days before the expiration of the constitutional period in force. article 231. of the assumption of the offices in case that, at the date in which the president of the republic and the vice president must assume their functions, they have not been proclaimed in the form provided for by this constitution, or the elections were nullified, the ceasing president [presidente cesante] will deliver the mandate [el mando] to the president of the supreme court of justice, who will exercise it until the transition is effected, his judicial functions remaining in suspense. article 232. of the entering into possession of the offices the president of the republic and the vice president will enter into possession of their offices before the congress, taking the oath or the promise of fulfilling with fidelity and patriotism their constitutional functions. if on the specified day the congress does not reach the quorum to meet, the ceremony will be fulfilled before the supreme court of justice. article 233. of the absences the president of the republic, or whoever is substituting him in [his] office, may not be absent from the country without giving prior notice to the congress and to the supreme court of justice. if his absence is for more than five days, the authorization from the chamber of senators will be required. during the recess of the chambers, the authorization will be granted by the permanent commission of the congress. in no case, may the president of the republic and the vice president be simultaneously absent from the national territory. article 234. of [being] leaderless [acefalía] in case of impediment or absence of the president of the republic, the vice president will replace him, and in his default [falta] and in successive form, the president of the senate, that of the chamber of deputies, and that of the supreme court of justice. the vice president-elect will assume the presidency of the republic if this should be vacant before or after the proclamation of the president, and will exercise it until the end of the constitutional period. if the permanent vacancy of the vice presidency occurs [se produce] during the first three years of the constitutional period, elections will be convoked to cover it. if the same occurred during the last two years, the congress, by an absolute majority of its members, will designate [the person] who must perform the office for the rest of the period. article 235. of the inabilities [the following] are unable to be candidates for president of the republic or vice president: the members of the executive power, the vice ministers or sub-secretaries and the functionaries of equivalent rank, the general directors of public offices [reparticiones públicas] and the presidents of councils, directors, managers or general administrators of the decentralized, autarchic, autonomous, binational, or multinational entities [entes], and those of enterprises with a major participation of the state, the judicial magistrates and the members of the public ministry; the defender of the people, the comptroller general of the republic and the sub-comptroller, the procurator general of the republic, the members [integrantes] of the council of the magistrature and the members of the superior tribunal of electoral justice; the representatives or mandatories [mandatarios] of national or foreign enterprises, corporations or entities [entidades], that are concessionaires of state services or of execution of works [obras] or supply of goods to the state; the ministers of any religion or cult; the municipal mayors and the governors; the members in active service of the armed forces of the nation and those of the national police, unless they retire one year before, at least, the day of the general elections; the owners or co-owners of the communications media, and the spouse or the relatives within the fourth degree of consanguinity, or second of affinity, of whoever finds himself in the exercise of the presidency at the moment of the election, or has performed it for any time during the year prior to the celebration of that [election]. in the cases specified in paragraphs 1), 2), 3) and 6), the affected [person] must resign and cease exercising their respective offices, at least six months before the day of the elections, except for the cases of permanent vacancy of the vice presidency. article 236. of the inability for infringement against the constitution the military heads or the civilian leaders [caudillos] of a coup d’état, armed revolution or similar movements that infringe the order established by this constitution, and who as [a] consequence assume the power as president of the republic, vice president, minister of the executive power or military command [mando] proper to general officers, are ineligible for the exercise of any public office for two consecutive constitutional periods, without prejudice to their respective civil and penal responsibilities. article 237. of the incompatibilities the president of the republic and the vice president may not exercise public or private offices, remunerated or not, while in their functions. they may neither exercise commerce, industry or any professional activity[;] they must exclusively dedicate themselves to their functions. article 238. of the duties and of the attributions of the president of the republic [the following] are duties and attributions of whoever exercises the presidency of the republic: to represent the state and to direct the general administration of the country; to fulfill and to have fulfilled this constitution and the laws; to participate in the formation of the laws, in accordance with this constitution, to promulgate them and to publish them, to regulate them, and to control their fulfillment; to veto, totally or partially, the laws sanctioned by the congress, formulating the observations or objections that he considers appropriate; to issue decrees that, for their validity, require the countersignature [refrendo] of the minister of the branch [ramo], to appoint and to remove by himself the ministers of the executive power, the procurator general of the republic and the functionaries of the public administration, whose designation and permanency in the offices are not otherwise regulated by this constitution or by the law; the management of the foreign relations of the republic. in the case of foreign aggression, and prior authorization of the congress, to declare the state of national defense or to agree to peace; to negotiate and to sign international treaties; to receive the heads of the diplomatic missions from foreign countries and to admit their consuls and to designate ambassadors, with the agreement of the senate; to give account to the congress, at the beginning of each annual period of sessions, on the management [gestiones] realized by the executive power, as well as to report on the general situation of the republic and on the plans for the future; to be commander in chief of the armed forces of the nation, [a] responsibility [cargo] that is not delegable. in accordance with the law, he dictates the military regulations, he is provided with the armed forces, he organizes [them] and deploys [them]. by himself, [por sí] to appoint and to remove the commanders of the public force. he adopts the necessary measures for the national defense. he provides, by himself [por sí] the ranks in all the armies, up to that of lieutenant colonel [teniente coronel] or their equivalent and, with the agreement of the senate, the superior ranks; to pardon or to commute the penalties imposed by the judges and tribunals of the republic, in accordance with the law, and with [a] report of the supreme court of justice; to convoke the congress to extraordinary sessions, either of the chambers or both at the same time, [where] these must only treat those issues submitted to their respective consideration; to propose to the congress bills of law, which can be presented with [a] request of [an] urgent consideration, within the terms established in this constitution; to provide for the collection and investment of the revenues [rentas] of the republic, in accordance with the national general budget and with the laws, reporting back annually to the congress on its execution; to prepare and to present to the consideration of the two chambers the annual bill of the national general budget; to have the provisions of the authorities created by this constitution complied with, and the other duties and attributions that this constitution establishes. article 239. of the duties and of the attributions of the vice president of the republic [the following] are duties and attributions of whoever exercises the vice presidency of the republic: to substitute immediately [for] the president of the republic, in the cases specified by this constitution; to represent the president of the republic nationally and internationally, by designation of the same, with all the prerogatives that correspond to him [aquél], and to participate in the deliberations of the council of ministers and to coordinate the relations between the executive and the legislative powers. section ii. of the ministers and of the council of ministers article 240. of the functions the direction and the administration [gestión] of the public business are entrusted to the ministers of the executive power, whose number and functions will be determined by the law. in the case of temporary absence of one of them, he will be substituted by one of the vice ministers of the branch [ramo]. article 241. of the requirements, of the incompatibilities, and of the immunities to be a minister the same requirements as for the office of deputy are demanded. they also have, equal incompatibilities as that the established for the president of the republic, except the exercise of teaching [docencia]. they may not be deprived of their liberty, except in the cases specified for the members of the congress. article 242. of the duties and of the attributions of the ministers the ministers are the heads of the administration of their respective ministerial areas [carteras], in which, under the direction of the president of the republic they promote and execute the policy relative to the matters of their competence. they are responsible in solidarity for the acts of government that they countersign. annually, they will present to the president of the republic a report [memoria] of their management [gestiones], which will be brought to the cognizance of the congress. article 243. of the duties and of the attributions of the council of ministers convoked by the president of the republic, the ministers meet in council in order to coordinate the executive tasks, to promote the policy of the government and to adopt collective decisions. the council is competent: to deliberate on all the matters of public interest that the president of the republic submits to its consideration, acting as a consultative body, as well as to consider the initiatives in legislative matters, and to provide for the periodic publication of its resolutions. section iii. of the office of the procurator general [procuraduría general] of the republic article 244. of the composition the office of the procurator general of the republic will be the responsibility of a procurator general and the other functionaries that the law determines. article 245. of the requirements, and of the appointment the procurator general of the republic must meet the same requirements demanded to be general attorney of the state. he is appointed and removed by the president of the republic. the incompatibilities will be established by the law. article 246. of the duties and of the attributions [the following] are duties and attributions of the procurator general of the republic: to represent and to defend, in [a] judicial or extra judicial [manner], the patrimonial interests of the republic; to decide in the cases and with the effects specified in the laws; to advise in [a] juridical [manner] the public administration in the form that the law determines, and the other duties and attributions that the law establishes. chapter iii. of the judicial power section i. of the general provisions article 247. of the function and of the composition the judicial power is the guardian of the constitution. it interprets it, it complies with it and it has it complied with. the administration of justice is the responsibility of the judicial power, exercised by the supreme court of justice, by the tribunals and by the courts, in the form that this constitution and the law establish. article 248. of the independence of the judicial power the independence of the judicial power is guaranteed. only this [power] may take cognizance of and decide on facts of a contentious [contencioso] character. in no case may the members of the other powers, or other functionaries arrogate to themselves juridical attributions that are not expressly established in this constitution, or revive dead processes, [or] paralyze the existing ones, or intervene in any manner in the trials. acts of this nature result in [conllevan] irremediable nullity. all this without prejudice to the arbitral decisions within the scope [ámbito] of the private law, with the modalities that the law determines to assure the right to defense and [to] equitable solutions. those who infringe against the independence of the judicial power and that of its magistrates, will be ineligible to exercise any public function for five consecutive years, in addition to the penalties established by the law. article 249. of the budgetary autarchy the judicial power enjoys budgetary autonomy. in the general budget of the nation an amount will be allocate to it not inferior to three percent of the budget of the central administration. the budget of the judicial power will be approved by the congress, and the comptroller general of the republic will verify all its expenses and investments. article 250. of the oath or promise the ministers of the supreme court of justice will take the oath or promise before the congress, at the entering of their offices. the members [integrantes] of the other tribunals and of the courts will do so before the supreme court of justice. article 251. of the appointment the members of all the tribunals and courts of the republic will be appointed by the supreme court of justice, from a terna [list of three] proposed by the council of the magistrature. article 252. of the irremovability of the magistrates the magistrates are irremovable vis-à-vis the office, the seat [sede], or the rank during the term for which they have been appointed. they may not be transferred or promoted without their prior and express consent. they are designated for periods of five years, counting from their appointment. the magistrates confirmed for two periods following that of their election, acquire the irremovability in the office until the limit of age established for the members of the supreme court of justice. article 253. of the trial and of the removal of the magistrates the judicial magistrates may only be tried and removed for committing crimes, or for malfeasance of their functions specified in the law, by the decision of a jury of prosecution [enjuiciamiento] of magistrates. it will be composed of two ministers of the supreme court of justice, two members of the council of the magistrature, two senators and two deputies; these last four must be lawyers. the law will regulate the functioning of the jury of prosecution [enjuiciamiento] of magistrates. article 254. of the incompatibilities the magistrates may not exercise, while their functions last, another public or private office, remunerated or not, with the exception of part-time teaching or [of] scientific research. they may neither exercise commerce, industry or professional activity or policy whatsoever, nor perform offices in official or private organs [organismos], parties, political associations or movements. article 255. of the immunities no judicial magistrate may be accused or interrogated in [a] judicial [manner] for the opinions emitted in the exercise of their functions. they may not be detained or arrested except in case of flagrante delicto that merits a physical penalty. if this occurs the intervening authority must put them under custody in their residence, communicate the fact immediately to the supreme court of justice, and remit the prior records [antecedentes] to the competent judge. article 256. of the form of the trials the trials can be oral and public, in the form and in the measure that the law determines. all judicial sentences must be founded on this constitution and on the law. criticism of the decisions [fallos] is permitted [libre]. the labor process will be oral and will be based on the principles of immediacy, economy, and concentration. article 257. of the obligation to collaborate with justice the organs of the state [are] subordinate to the dictates of the law, and the persons who exercise functions at the service of the same are obligated to provide [prestar] to the administration of justice all the cooperation that it requires for the fulfillment of its mandates. section ii. of the supreme court of justice article 258. of the integration and of the requirements the supreme court of justice is integrated by nine members. they will organize themselves in chambers, one of which will be constitutional. it will elect its president, each year, from within [de su seno]. its members will bear the title of minister. the requirements to integrate the supreme court of justice are, to have natural paraguayan nationality, to be already 35 years old, to possess a university degree of doctor in law and to enjoy noted honorability. additionally, to have effectively exercised during the term of ten years, at least, the profession, the judicial magistrature or the university chair in juridical matter jointly, separately, or successively. article 259. of the duties and of the attributions [the following] are duties and attributions of the supreme court of justice: to exercise the superintendence of all the organs [organismos] of the judicial power and to decide, in sole instance, the conflicts of jurisdiction and of competence, in accordance with the law; to issue [dictar] its own internal regulations. to present annually, a report [memoria] on the management [gestiones] realized, the status, and the needs of national justice to the legislative and executive powers; to take cognizance [conocer] and to decide [resolver] on the ordinary recourses that the law determines; to take cognizance [conocer] and to decide [resolver], in original instance, on habeas corpus, without prejudice to the competence of other judges or tribunals; to take cognizance [conocer] and to decide [resolver] on unconstitutionality; to take cognizance [conocer] and to decide [resolver] in the recourse of cassation, in the form and measure that the law establishes; to preventively suspend by itself [por sí] or at the request of the jury of prosecution [enjuiciamiento] of magistrates by an absolute majority of votes of its members, in the exercise of its functions, the judicial magistrates in prosecution [enjuiciados], until a final resolution of the case is issued; to supervise the institutions [institutos] of detention and reclusion; to decide [entender] in the disputes of competence between the executive power and the departmental governments and between these and the municipalities, and the other duties and attributions that this constitution and the laws establish. article 260. of the duties and of the attributions of the constitutional chamber [the following] are duties and attributions of the constitutional chamber: to take cognizance [conocer] and to decide [resolver] on the unconstitutionality of the laws and of other normative instruments, declaring the inapplicability of the provisions contrary to this constitution in each concrete case and in decision [fallo] that will only be effective in relation with that case, and to decide on the unconstitutionality of the definitive or interlocutory sentences, declaring the nullity of those that result [as being] contrary to this constitution. the proceeding may be initiated by [an] action before the constitutional chamber of the supreme court of justice, and by way [vía] of an excepción [pleadings of exception] in any instance, in which case the prior records [antecedentes] will rise [se elevarán] to the court. article 261. of the removal and cessation of the ministers of the supreme court of justice the ministers of the supreme court of justice may only be removed through [a] political trial. they will cease in the office at the age of seventy-five years. section iii. of the council of the magistrature article 262. of the composition the council of the magistrature is composed by: a member of the supreme court of justice, designated by it; a representative of the executive power; a senator and a deputy, both appointed by their respective chambers; two registered [de la matrícula] lawyers, appointed by their peers in [a] direct election; a professor of the faculty of law of the national university, chosen by his peers, and a professor of the faculty of law with no less than twenty years of functioning, of the private universities, chosen by his peers. the law will regulate the pertinent systems of elections. article 263. of the requirements and of the duration the members of the council of the magistrature must meet the following requirements: to be of paraguayan nationality, to be already 35 years old, to possess a university degree of lawyer, and, during the term of ten years at least, to have effectively exercised the profession, or to perform functions in the judicial magistrature, or exercise [a] university chair in juridical matters, jointly, separately, or alternatively. they will lasts three years in their functions and they will enjoy equal immunities as the ministers from the supreme court of justice. they will have the incompatibilities that the law establishes. article 264. of the duties and of the attributions [the following] are duties and attributions of the council of the magistrature: to propose the terna [list of three] of candidates to integrate the supreme court of justice, [the] selection subject to [and] based on suitability, with consideration of merits and aptitudes, and send [elevarlas] them to the chamber of senators for it to designate them, with the agreement of the executive power; to propose in ternas to the supreme court of justice, with the same criteria of selection and evaluation, the names of candidates for the offices of members of the inferior tribunals, those of the judges and those of the state attorneys [agentes fiscales]; to elaborate its own regulations, and the other duties and attributions that this constitution and the laws establish. article 265. of the tribunal of accounts [tribunal de cuentas] and of other magistratures and auxiliary organs [organismos] the tribunal of accounts is established. the law will determine its composition and its competence. the structure and the functions of the other judicial magistratures and auxiliary organs [organismos], as well as that of the judicial school, will be determined by the law. section iv. of the public ministry article 266. of the composition and of the functions the public ministry represents the society before the jurisdictional organs [organismos] of the state, enjoying functional and administrative autonomy in the fulfillment of its duties and attributions. it is exercised by the attorney general of the state and the state attorneys, in the form determined by the law. article 267. of the requirements to be attorney general of the state it is required to have paraguayan nationality; to be already thirty-five years old; to poses a university degree of lawyer, to have effectively exercised the profession or functions [of] the judicial magistrature, or the university chair in juridical matters during five years at least, jointly, separately, or alternatively. they have the same incompatibilities and immunities as those established for the magistrates of the judicial power. article 268. of the duties and of the attributions [the following] are duties and attributions of the public ministry: to see to the respect for the constitutional rights and guarantees; to promote public penal action to defend the public and social patrimony, the environment and other various [difusos] interests, as well as the rights of the indigenous peoples; to exercise penal action in the cases in which, to initiate it or to continue it, the request from the parties was necessary, without prejudice to the judge or the tribunal proceeding ex officio, when the law so determines; to collect information from the public functionaries for the better fulfillment of its functions, and the other duties and attributions that the law establishes. article 269. of the election and of the duration the general attorney of the state is irremovable. he remains five years in his functions and he may be reelected. he is appointed by the executive power, with the agreement of the senate, from a terna of the council of the magistrature. article 270. of the state attorneys [agentes fiscales] the state attorneys are designated, in the same form that this constitution establishes for the judges. they remain in their functions and are removed by the same procedures. additionally, they have the same incompatibilities and immunities as those determined for the members of the judicial power. article 271. of the taking possession of their offices the attorney general of the state takes an oath or a promise before the senate, while the state attorneys do so before the supreme court of justice. article 272. of the judicial police the law may create a judicial police, dependent of the judicial power, in order to collaborate directly with the public ministry. section v. of the electoral justice article 273. of the competence the convocation, the judgment, the organization, the direction, the supervision and the surveillance of the acts and issues [cuestiones] derived from the general, departmental and municipal elections as well as of the rights and of the titles of those who are [resulten] elected, correspond exclusively to the electoral justice. the issues originating from any type of popular consultation, as well as that relative to the elections and to the functioning of the political parties and movements are equally of its competence. article 274. of the integration the electoral justice is integrated by a superior electoral tribunal, by the tribunals, by the courts, by the offices of the attorney [fiscalia] and by the other organs [organismos] to be specified by the law, which will determine its organization and its functions. article 275. of the superior tribunal of electoral justice the superior tribunal of electoral justice will be composed of three members, who will be elected and removed in the form established for the ministers of the supreme court of justice. the members of the superior tribunal of electoral justice must meet the following requirements: to be of paraguayan nationality, to be already thirty-five years old, to possess a university degree of lawyer, and, during the term of ten years, at least, to have effectively exercised the profession or performed functions in the judicial magistrature, or exercised [a] university chair in juridical matters, jointly, separately, or alternatively. the laws will establish in which cases its resolutions will be subject to recourse [recurribles] before the supreme court of justice, which will decide [resolverá] in summary proceeding. chapter iv. of the other organs [organismos] of the state section i. of the office of the defender [defensoría] of the people article 276. of the defender of the people the defender of the people is a parliamentary commissioner whose functions are the defense of the human rights, the channeling of popular complaints and the protection of the community interests. in no case will he have judicial function or executive competence. article 277. of the autonomy, of the appointment and of the removal the public defender will enjoy autonomy and irremovability. he is appointed by a majority of two-thirds of the chamber of deputies, from a terna [list of three] proposed by the senate, and he will remain five years in his functions, which will coincide with the period of the congress. he may be reelected. additionally, he may be removed for malfeasance of his functions, with the procedure of the political trial established in this constitution. article 278. of the requirements, of the incompatibilities and of the immunities the defender of the people must meet the same requirements demanded of the deputies, and he has the same incompatibilities and immunities as those of the judicial magistrates. during his mandate he may not be a part of any power of the state or exercise any party [partidaria] political activity. article 279. of the duties and of the attributions [the following] are duties and attributions of the defender of the people: to receive and to investigate denunciations, complaints and claims against violations of the human rights and other acts that this constitution and the law establish; to request from the authorities at their various levels, including those of the police organs and those of security in general, information for the better exercise of his functions[;] he may not be opposed by any reserve. he may have access to the places where the commission of such acts are denounced. it is also of his competence to act ex officio; to issue [emitir] [a] public censure for acts or behaviors contrary to the human rights; to annually report concerning his management [gestiones] to the chambers of the congress; to prepare and to divulge reports on the situation of human rights that, in his opinion, require prompt public attention, and the other duties and attributions that the law establishes. article 280. of the regulation of his functions the functions of the defender of the people will be regulated by the law[;] in order to assure his efficiency, departmental or municipal defenders may be appointed. section ii. of the office of the comptroller [contraloría] general of the republic article 281. of the nature, of the composition and of the duration the office of the comptroller general of the republic is the organ of control of the economic and financial activities of the state, of the departments and of the municipalities, in the form determined by this constitution and by the law. it will enjoy functional and administrative autonomy. it is composed of a comptroller and a sub-comptroller, who must be of paraguayan nationality, already thirty years old, graduated in law or in economic sciences, administrative or accounting. each one of them will be designated by the chamber of deputies, by an absolute majority, both from [sendas] ternas [lists of three] of candidates proposed by the chamber of senators, with an identical majority. they remain five years in their functions, which will not coincide with those of the presidential mandate. they may be confirmed in the office only for one more period, subjected to the same process. during such time period they will enjoy irremovability[;] they may not be removed except for having committed crimes or for bad performance of their functions. article 282. of the report and of the resolution [dictamen] the president of the republic, in his character of head [titular] of the administration of the state, will send to the office of the comptroller [contraloría] the liquidation of the budget of the previous year, within the four months of the next [budget]. within the next four months, the office of the comptroller [contraloría] must send [elevar] [a] report and resolution [dictamen] to the congress, to be considered by each one of the chambers. article 283. of the duties and of the attributions [the following] are duties and attributions of the comptroller general of the republic: the control, the surveillance and the supervision [fiscalización] of the public assets and of the patrimony of the state, those of the regional or departmental entities [entidades], those of the municipalities, those of the central bank and those of the other banks of the state or mixed, those of the autonomous, autarchic or decentralized entities [entidades], as well as those of the enterprises of the state or mixed; the control of the execution and the liquidation of the general budget of the nation; the control of the execution and the liquidation of the budgets of all of the allocations [reparticiones] mentioned in paragraph 1), as well as the examination of their accounts, funds and inventories; the supervision [fiscalización] of the national accounts of the multinational enterprises or entities [entidades], in whose capital the state participates in [a] direct or indirect form, in the terms of the respective treaties; the requirement of reports on the fiscal and patrimonial management [gestión] to all persons or public, mixed or private entities [entidad] that administrates funds, public services or assets of the state, to the regional or departmental entities [entidades], and to the municipalities, all of which must make available to him [poner a su disposición] the documentation and the receipts [comprobantes] required for the better fulfillment of his functions; the reception of the sworn declarations of the assets of the public functionaries, as well as the formation of a registry of the same, and the production of resolutions [dictámenes] on the correspondence between such declarations, provided [prestadas] at the assumption of the respective offices, and those that the functionaries referred to [aludidos] formulate when ceasing in them; the denunciation to the ordinary justice and to the executive power of all crimes of which he has cognizance as a reason of his specific functions, being responsible in solidarity, for omission or for deviation, with the organs submitted to his control, when these [have] acted with deficiency or negligence, and the other duties and attributions that this constitution and the laws establish. article 284. of the immunities, of the incompatibilities and of the removal the comptroller and the sub-comptroller will have the same immunities and incompatibilities prescribed for the judicial magistrates. as to their removal, the procedure established for political trial will be followed. section iii. of the central bank of the state article 285. of the nature, of the duties, and of the attributions a central bank of the state, with character of [a] technical organ [organismo] is established. it has the exclusivity of the emission of the currency, and in accordance with the objectives of the economic policy of the national government, it participates with the other technical organs [organismos] of the state, in the formulation of the monetary, credit and exchange policies, being responsible for their execution and development, and preserving monetary stability. article 286. of the prohibitions [the following] is prohibited to the central bank of the state: to grant credits, directly or indirectly, to finance the public expenses on the margin of the budget, except: the short-term advances of tax resources budgeted for the respective year, and in the case of [a] national emergency, with a substantiated resolution of the executive power and agreement of the chamber of senators. to adopt any agreement that establishes, directly or indirectly, norms or requirements different or discriminatory and relative to persons, institutions or entities [entidades] that make operations of the same nature effective, and to operate with persons or entities [entidades] not integrated into the monetary or financial national system, except for international organs [organismos]. article 287. of the organization and of the functioning the law will regulate the organization and the functioning of the central bank of the state, within the limitations specified in this constitution. the central bank of the state will render account [rendirá cuentas] to the executive power and to the national congress for the execution of the policies of its responsibility. title iii. of the state of exception article 288. of the declaration, of the causes, of the enforcement and of the time periods in the case of [an] armed international conflict, formally declared or not, or of a grave internal commotion that puts in imminent danger the rule [imperio] of this constitution or the regular functioning of the organs created by it, the congress or the executive power may declare the state of exception in all or in part of the national territory, for a term of sixty days maximum. in the case that such declaration is effected by the executive power, the measure must be approved or rejected by the congress within a time period of forty-eight hours. the term of sixty days may be extended by periods of as much as thirty successive days, for which an absolute majority of both chambers will be required. during the parliamentary recess, the executive power may decree, for a sole time, the state of exception for a time period not longer than thirty days, but it will have to submit it within eight days to the approval or rejection of the congress. which will be convoked of plain right to [an] extraordinary session, only for that effect. the decree or the law that declares the state of exception will contain the reasons and the facts invoked for its adoption, the time of its enforcement and the territory affected, as well as the rights that it restricts. during the enforcement of the state of exception, the executive power may only order, by decree and in each case, the following measures: the detention of the persons indicted [indiciadas] for participating in some of those acts, their transfer from one point to another of the republic, as well as the prohibition or the restriction of public meetings and of demonstrations. in all the cases, the persons indicted [indiciadas] will have the option to leave the country. the executive power will immediately inform the supreme court of justice on the status of the [persons] detained by virtue of the state of exception and on the place of their detention or transfer, in order to make possible a judicial inspection. those detained because of the state of exception will stay in healthy and clean premises [locales], not allocated to common inmates [reos], or they will be in reclusion in their own residence. the transfers will always be made to populated and healthy places. the state of exception will not interrupt the functioning of the powers of the state, the enforcement of this constitution or, specifically, habeas corpus. the congress, by an absolute majority of votes, may provide at any time for the lifting of the state of exception, if it considers that the causes for its declaration have ceased. once the state of exception in finished, the executive power will inform the congress, within a time period of no longer than five days, concerning that done [actuado] during the enforcement of it. title iv. of the reform and of the amendment of the constitution article 289. of the reform [reforma] the reform of this constitution may only proceed after ten years of its promulgation. twenty-five percent of the legislators of any of the chambers of congress, the president of the republic or thirty thousand electors, through a signed petition[,] may request the reform. the declaration of the necessity of the reform will only be approved by an absolute majority of two-thirds of the members of each chamber of the congress. once the need for the reform is decided, the superior tribunal of electoral justice will call for elections within the time period of one hundred and eighty days, in general elections that may not coincide with any other. the number of members of the national constituent convention may not exceed the total of the members [integrantes] of the congress. their conditions of eligibility, as well as the determination of their incompatibilities, will be established by the law. the members of the convention [convencionales] will have the same immunities established for the members of the congress. the new constitution sanctioned by the national constituent convention, will be promulgated of plain right. article 290. of the amendment [enmienda] after three years of this constitution having been promulgated, amendments at the initiative of one-fourth of the legislators of any of the chambers of the congress, of the president of the republic, or of thirty thousand electors, through a signed petition[,] may be realized. the full text of the amendment must be approved by [an] absolute majority in the chamber of origin. [once] it is approved, the equal treatment will be required at the reviewing chamber. if in either of the chambers the majority required for its approval is not met, the amendment will be considered as rejected, [and] it may not be presented again within the time [término] of one year. [once] the amendment is approved by both chambers of the congress, the text will be remitted to the superior tribunal of electoral justice to convoke a referendum, within a time period of one-hundred and eighty days. if the result of this [referendum] is affirmative, the amendment will be sanctioned and promulgated, incorporating itself into the constitutional text. if the amendment is derogatory, another one with the same subject may not be promoted before three years. the procedure indicated for amendment will not be used, but [rather] the one for reform, for those provisions affecting the mode of election, the composition, the duration of [the] mandates or the attributions of any of the powers of the state, or the provisions of chapters i, ii, iii and iv of title ii, of part i. article 291. of the powers [potestad] of the national constituent convention the national constituent convention is independent from the constituted powers. it will limit itself, during the time of the duration of its deliberations, to its labor of reform, excluding any other task. it will not arrogate to itself the attributions of the powers of the state[;] it may not substitute those who are exercising them, or reduce or extend their mandate. title v. of the final and transitory provisions article 1 this constitution enters into force from this date. its promulgation occurs [se opera] of plain right at the twenty-fourth hour of the same. the process of elaboration of this constitution, its sanction, its promulgation and the provisions that integrate it are not subject to jurisdictional revision, or to any modification, [or] any changes, with the exception of that provided for its reform or amendment. the constitution of 25 august 1967 and its amendment of the year 1977 are abrogated [derogado], without prejudice to that provided in this title. article 2 the president of the republic, the president of the congress, and the president of the supreme court of justice, will take an oath or a promise to comply with and to have this constitution complied with, before the national constituent convention [on] saturday 20 june 1992. article 3 the president of the republic, the senators and the deputies will continue in their respective functions until the new national authorities that will be elected in the general elections to be held in 1993 assume [their functions]. their duties and attributions will be those established by this constitution, both for the president of the republic and for the congress, which may not be dissolved. until the senators and the deputies elected in the general elections of 1993 assume [their functions], the process for the formation and sanction of the laws will be governed by that provided in articles 154/167 of the constitution of 1967. article 4 the next elections to designate president of the republic, vice president, senators and deputies, governors and members of the departmental boards [juntas] will be held simultaneously on the date determined by the electoral tribunal of the capital, which must be established for the lapse of time included between 15 april and 15 may 1993. these authorities will assume their functions [on] 15 august 1993, with the exception of the members of the congress, who will do so on 1 july of the same [year]. article 5 the other magistrates and functionaries will continue in their offices until the completion of the period that the constitution of 1967 had determined for each one of them, and if, that moment [having] arrived, their successors have not yet been appointed, they will continue in [their] functions in [the] interim until the substitution is produced. they may be replaced by other functionaries and magistrates who will be designated in [the] interim and in accordance with the mechanisms established by the constitution of 1967. the functionaries and magistrates so designated will remain in their offices until the moment in which their substitutes are designated, in accordance with the mechanisms that this constitution determines. the comptroller general and the sub-comptroller will also remain in [their] functions until the functionaries determined in article 281 of this constitution are designated. article 6 until the general elections of 1993 are held, to elect president of the republic, vice president, senators, deputies, governors and members of the departmental boards [juntas], the same electoral organs [organismos] will continue, in [their] function: central electoral board [junta], sectional electoral board [junta], and electoral tribunals, which will be governed by the electoral code in all that does not contradict this constitution. article 7 the designation of functionaries and magistrates that require the intervention of the congress or of any of its chambers or for [the] offices of institutions created by this constitution or with a different integration to that established by [the constitution] of 1967, may only be effected after the assumption [of their functions] of the national authorities that will be elected in the year 1993, with the exception of that provided for [preceptuado] in article 9 of this title. article 8 the judicial magistrates who are confirmed through the [a partir de] ordinary mechanisms established in this constitution acquire the permanent irremovability referred to in paragraph 2 of article 252 “of the irremovability of the magistrates”, through the [a partir de] second confirmation. article 9 the members of the jury of prosecution [enjuiciamiento] of magistrates will be designated on proposal of the respective powers within the sixty days of the promulgation of this constitution. until the council of the magistrature is integrated, the representatives that answer to that body will be covered by a professor of each faculty of law, on [a] proposal of their respective directive councils [consejos directivos]. to that jury will be deferred [deferirá] the cognizance of and the judgment of all the denunciations currently existing before the supreme court of justice. until the respective law is issued [se dicte], the law 879/81, code of judicial organization will govern for [what is] pertinent. the law will establish for the members of the jury of prosecution [enjuiciamiento] of magistrates designated by virtue of what is provided by this article, the duration in their respective offices. article 10 until [a] procurator general is designated, the current functionaries performing in the respective area are invested with the attributions that article 246 determines. article 11 until a departmental organic law is issued, the elected governors and the [elected] departmental boards [juntas] will be governed only by the provisions of this constitution. the current delegates of [the] government and those who performed as such during the years 1991 and 1992, may not be candidates for governors or deputies in the elections to be held in 1993. until a departmental organic law is issued, the departmental boards [juntas] will be integrated by a minimum of seven members and a maximum of twentyone members. the electoral tribunal of asunción will establish the number of members of the departmental boards [juntas], attending to [atendiendo] the electoral density of the departments. article 12 the current seats of the delegations of [the] government, will pass of plain right and gratuitously to be the property [propiedad] of the departmental governments. article 13 if by 1 october 1992[,] the departments of chaco and nueva asunción are still not electorally organized[,] the two deputies that correspond to these departments will be elected at the electoral colleges of the departments of presidents hayes, boquerón and alto paraguay, in accordance with their electoral volume [caudal]. article 14 the vesting of senator for life extends to the citizen exercising the presidency of the republic at the date of sanction of this constitution, without benefiting any previous one. article 15 until a new national constituent convention meets, those who participated in it will enjoy the title [trado] of “cuidadano convencional” [citizen member of the convention]. article 16 the assets acquired by the convention or donated to it that form a part of its patrimony will be transferred gratuitously to the legislative power. article 17 the deposit and the conservation of all the documentation produced by the national constituent convention, such as diaries and acts and of plenary sessions and those of the comisión redactora [editing commission] will be entrusted to the central bank of the state, in the name of and at the disposal of the legislative power, until, by law, their remission to and storage at the national archives is provided. article 18 the executive power will immediately provide for the official edition of 10,000 copies of this constitution in the spanish and guarani languages. in the case of doubt of interpretation, the text written in the spanish language will prevail [se estará]. the study of the national constitution will be promoted through the educational system. article 19 the current constitutional period inclusively will be taken into consideration for the purposes [a los efectos] of the limitations that this constitution establishes for the reelection of the elective offices of the various powers of the state. article 20 the original text of the national constitution will be signed, on all its pages by the president and the secretaries of the national constituent convention. the final act of the convention, by which the complete text of this constitution is approved and established [asentado], will be signed by the president and the secretaries of the national constituent convention. it will also be signed by the members of the conventional who wish to do so in [such] a manner that a sole document is formed[,] custody of which will be entrusted to the legislative power. this constitution is sanctioned. given at the deliberations room [recinto de deliberaciones] of the national constituent convention, on the twentieth day of the month of june of nineteen ninety-two, in the city of asunción, capital of the republic of paraguay. preamble we, the slovak nation, bearing in mind the political and cultural heritage of our ancestors and the centuries of experience from the struggles for national existence and our own statehood, mindful of the spiritual heritage of cyril and methodius and the historical legacy of great moravia, recognizing the natural right of nations to self-determination, together with members of national minorities and ethnic groups living on the territory of the slovak republic, in the interest of lasting peaceful cooperation with other democratic states, seeking the application of the democratic form of government, guarantees of a free life, development of spiritual culture and economic prosperity, that is, we, the citizens of the slovak republic, adopt through our representatives this constitution: chapter one part one. basic provisions article 1 the slovak republic is a sovereign, democratic state governed by the rule of law. it is not linked to any ideology, nor religion. the slovak republic recognizes and honors general rules of international law, international treaties by which it is bound and its other international obligations. article 2 state power originates from citizens, who exercise it through their elected representatives, or directly. state bodies may act only on the basis of the constitution, within its limits, and to the extent and in a manner which shall be laid down by law. everyone may do what is not prohibited by law and no one may be forced to do anything that is not prescribed by law. article 3 the territory of the slovak republic is single and indivisible. the borders of the slovak republic may be changed only by a constitutional law. article 4 raw materials, caves, underground water, natural and thermal springs and streams are the property of the slovak republic. the slovak republic protects and develops these resources, and makes careful and effective use of mineral resources and natural heritage to the benefit of its citizens and subsequent generations. the transport of water taken from water bodies located within the territory of the slovak republic outside the borders of the slovak republic by vehicles or pipeline is prohibited. this prohibition does not apply to water intended for personal use, drinking water put into consumer containers within the territory of the slovak republic and natural mineral water put into consumer containers within the territory of the slovak republic; nor to water provided for humanitarian help or assistance in states of emergency. details of conditions for transporting water for personal use or water provided for humanitarian help and assistance in states of emergency shall be stated in a specific law. article 5 conditions for the acquisition and loss of the citizenship of the slovak republic shall be laid down by law. no one may be deprived of the citizenship of the slovak republic against his will. article 6 the state language on the territory of the slovak republic is the slovak language. the use of languages other than the state language in official communications shall be laid down by law. article 7 the slovak republic may enter into a state union with other states upon its free decision. the decision on entering into a state union with other states, or on withdrawal from this union, shall be made by a constitutional law which must be confirmed by a referendum. the slovak republic may, by an international treaty ratified and promulgated in a manner laid down by law, or on the basis of such treaty, transfer the exercise of a part of its rights to the european communities and european union. legally binding acts of the european communities and european union shall have primacy over the laws of the slovak republic. undertaking of legally binding acts that require implementation shall be executed by law or a government ordinance pursuant to article 120, paragraph 2. the slovak republic may, with the aim of maintaining peace, security and democratic order, under the terms laid down by an international treaty, join an organization of mutual collective security. in order for any international treaties on human rights and fundamental freedoms, international political treaties, international treaties of military nature, international treaties establishing the membership of the slovak republic in international organizations, international economic treaties of general nature, international treaties whose execution requires a law and international treaties which directly constitute rights or obligations of natural persons or legal persons to be valid, an approval of the national council of the slovak republic is required prior to their ratification. international treaties on human rights and fundamental freedoms, international treaties whose executions does not require a law and international treaties which directly establish rights or obligations of natural persons or legal persons and which were ratified and promulgated in a manner laid down by law shall have primacy over the laws. article 7a the slovak republic supports the national awareness and cultural identity of the slovaks living abroad; it supports their institutions established to achieve this purpose and their relations with the mother country. part two. state symbols article 8 the state symbols of the slovak republic are the state emblem, the national flag, the state seal and the national anthem. article 9 the state emblem of the slovak republic is a red early gothic shield featuring a silver double cross erected on the central, slightly raised hill of three blue hills. the national flag of the slovak republic consists of three horizontal bands -white, blue and red. the left half of the national flag of the slovak republic features the state emblem of the slovak republic. the state seal of the slovak republic is formed by the state emblem of the slovak republic encircled by the inscription "slovenská republika" [the slovak republic]. the national anthem of the slovak republic consists of the first two stanzas of the song "nad tatrou sa blyska" [lightning flashes over the tatra mountains]. details on the state symbols and their use shall be laid down by law. part three. capital of the slovak republic article 10 the capital of the slovak republic is bratislava. the status of bratislava as the capital of the slovak republic shall be laid down by law. chapter two. basic rights and freedoms part one. general provisions article 11 repealed. article 12 people are free and equal in dignity and in rights. basic rights and freedoms are inviolable, inalienable, imprescriptible, and indefeasible. basic rights and freedoms on the territory of the slovak republic are guaranteed to everyone regardless of sex, race, color of skin, language, faith and religion, political, or other thoughts, national or social origin, affiliation to a nation, or ethnic group, property, descent, or any other status. no one may be harmed, preferred, or discriminated against on these grounds. everyone has the right to freely decide on his nationality. any influence on this decision and any form of pressure aimed at suppressing of anyone’s nationality are forbidden. no one may be harmed in his rights for exercising of his basic rights and freedoms. article 13 duties may be imposed by law or on the basis of a law, within its limits, and while complying with basic rights and freedoms, by international treaty pursuant to article 7, paragraph 4 which directly establishes rights and obligations of natural persons or legal persons, or by government ordinance pursuant to article 120, paragraph 2. limits to basic rights and freedoms may be set only by law under conditions laid down in this constitution. legal restrictions of basic rights and freedoms must apply equally to all cases which meet prescribed conditions. when restricting basic rights and freedoms, attention must be paid to their essence and meaning. these restrictions may only be used for the prescribed purpose. part two. basic human rights and freedoms article 14 everyone can have rights. article 15 everyone has the right to life. human life is worthy of protection already before birth. no one may be deprived of life. capital punishment is not permitted. it is not a violation of rights under this article, if someone is deprived of life as a result of an action that is not deemed criminal under the law. article 16 the inviolability of the person and its privacy is guaranteed. it may be limited only in cases laid down by law. no one may be tortured, or subjected to cruel, inhuman, or humiliating treatment or punishment. article 17 personal freedom is guaranteed. no one may be prosecuted or deprived of freedom other than for reasons and in a manner which shall be laid down by law. no one may be deprived of freedom solely because of his inability to fulfil a contractual obligation. a person accused or suspected of a criminal act may be detained only in the cases specified by the law. the detained person must be immediately informed of the reasons for detention, questioned and either freed or handed over for trial within 48 hours, in cases of criminal offences of terrorism within 96 hours. the judge must interrogate the detained person within 48 hours and in cases of particularly serious criminal acts within 72 hours, and must decide whether to detain or free the person. an accused person may be arrested only on the basis of a written, substantiated order of a judge. the arrested person must be handed over to the court within 24 hours. the judge must question the arrested person and decide on his custody or release within 48 hours and in particularly serious crimes within 72 hours from the hand over. a person may be taken into custody only for reasons and for a period laid down by law and on the basis of a court ruling. the law shall lay down in which cases a person can be admitted to, or kept in, institutional health care without his consent. such a measure must be reported within 24 hours to the court which will then decide on this placement within five days. the mental state of a person accused of a criminal act may be examined only on the basis of a written court order. article 18 no one may be subjected to forced labor, or services. the provision of paragraph 1 does not apply to work assigned according to law to persons serving a prison sentence or persons serving other sentence substituting a prison sentence, military service or other service laid down by law in lieu of compulsory military service, services required on the basis of the law in the event of natural disasters, accidents, or other dangers posing a threat to life, health, or property of great value, activities prescribed by law to protect life, health, or the rights of others, small community services on the basis of the law. article 19 everyone has the right to the preservation of human dignity, personal honor, reputation and the protection of good name. everyone has the right to protection against unauthorized interference in private and family life. everyone has the right to protection against unauthorized collection, publication, or other misuse of personal data. article 20 everyone has the right to own property. the ownership right of all owners has the same legal content and protection. property acquired in any way which is contrary to the legal order shall not enjoy such protection. the law shall lay down which property, other than property specified in article 4 of this constitution, necessary to ensure the needs of society, national food self-sufficiency, the development of the national economy and public interest, may be owned only by the state, municipality, or designated individuals or legal persons. the law may also lay down that certain things may be owned only by citizens or legal persons resident in the slovak republic. ownership is binding. it may not be misused to the detriment of the rights of others, or in contravention with general interests protected by law. the exercising of the ownership right may not harm human health, nature, cultural monuments and the environment beyond limits laid down by law. expropriation or enforced restriction of the ownership right is possible only to the necessary extent and in the public interest, on the basis of law and for adequate compensation. other interference with property rights may be permitted only in the case of property acquired in an illegal manner or from illegal earnings, and if it is necessary in a democratic society in the interests of national security, preservation of public order, good morals or the rights and freedoms of others. conditions shall be stipulated by law. article 21 a person's home is inviolable. it may not be entered without the resident's consent. a house search is admissible only in connection with criminal proceedings and only on the basis of a written, substantiated order of the judge. the method of carrying out a house search shall be laid down by law. other infringements upon the inviolability of one's home may be permitted by law only if it is necessary in a democratic society in order to protect people's lives, health, or property, to protect the rights and freedoms of others, or to prevent a serious threat to public order. if the home is used also for business, or to perform other economic activity, such infringements may be permitted by law also when this is necessary in the discharge of the tasks of public administration. article 22 the privacy of letters and secrecy of mailed messages and other written documents and the protection of personal data is guaranteed. no one may violate the privacy of letters and the secrecy of other written documents and records, whether they are kept in privacy, or sent by mail or in any other way, with the exception of cases which shall be laid down by law. equally guaranteed is the secrecy of messages conveyed by telephone, telegraph, or other similar means. article 23 freedom of movement and right of abode are guaranteed. everyone who is rightfully staying on the territory of the slovak republic has the right to freely leave this territory. freedoms under paragraphs 1 and 2 may be restricted by law, if it is necessary for the security of the state, to maintain public order, protect the health and the rights and freedoms of others, and, in designated areas, also in the interest of environmental protection. every citizen has the right to freely enter the territory of the slovak republic. a citizen may not be forced to leave the homeland and may not be deported. a foreign national may be deported only in cases laid down by law. article 24 the freedoms of thought, conscience, religious creed and faith are guaranteed. this right also encompasses the possibility to change one's religious creed, or faith. everyone has the right to be without religious creed. everyone has the right to publicly express his thoughts. religious creed. everyone has the right to publicly express his thoughts. everyone has the right to freely express religion, or faith alone or together with others, privately or publicly, by means of religious services, religious acts, by observing religious rites, or to participate in the teachings thereof. churches and religious communities administer their own affairs, in particular, they constitute their own bodies, appoint their clergymen, organize the teaching of religion, and establish religious orders and other church institutions independently of state bodies. conditions for exercising of rights under paragraphs 1 to 3 may be limited only by law, if such a measure is necessary in a democratic society to protect public order, health, morals, or the rights and freedoms of others. article 25 the defense of the slovak republic is a duty and a matter of honor for citizens. the law shall lay down the scope of the compulsory military service. no one may be forced to perform military service if it is against his conscience or religious creed. details will be laid down by law. part three. political rights article 26 the freedom of speech and the right to information are guaranteed. everyone has the right to express his views in word, writing, print, picture, or other means as well as the right to freely seek out, receive, and spread ideas and information without regard for state borders. the issuing of press is not subject to approval procedures. enterprise in the fields of radio and television may be subject to the awarding of an approval from the state. the conditions shall be laid down by law. censorship is banned. the freedom of speech and the right to seek out and disseminate information may be restricted by law, if such a measure is necessary in a democratic society to protect the rights and freedoms of others, state security, public order, or public health and morals. public authority bodies are obliged to provide information on their activities in an appropriate manner and in the state language. the conditions and manner of execution shall be laid down by law. article 27 the right of petition is guaranteed. everyone has the right, alone or with others, to address requests, proposals, and complaints to state bodies and territorial self-administration bodies in matters of public or other common interest. a petition may not call for the violation of basic rights and freedoms. a petition must not interfere with the independence of a court. article 28 the right to peaceful assemble is guaranteed. conditions for exercising this right shall be laid down by law in the event of assemblies in public places, if such a measure is necessary in a democratic society to protect the rights and freedoms of others, public order, health and morals, property, or the security of the state. an assembly may not be made conditional on the issuance of an authorization by a state administration body. article 29 the right to freely associate is guaranteed. everyone has the right to associate with others in clubs, societies, or other associations. citizens have the right to establish political parties and political movements and to associate in them. the exercising of rights under paragraphs 1 and 2 may be restricted only in cases laid down by law, if it is necessary in a democratic society for reasons of state security, to protect public order, to prevent criminal acts, or to protect the rights and freedoms of others. political parties and political movements, as well as clubs, societies, or other associations are separated from the state. article 30 citizens have the right to participate in the administration of public affairs either directly or through the free election of their representatives. foreigners with a permanent residence on the territory of the slovak republic have the right to vote and be elected in the self-administration bodies of municipalities and self-administration bodies of superior territorial units. elections must be held within deadlines not exceeding the regular electoral period as laid down by law. the right to vote is universal, equal, and direct and is exercised by means of secret ballot. conditions for exercising the right to vote shall be laid down by law. citizens have access to elected and other public posts under equal conditions. article 31 the legal regulation of all political rights and freedoms and their interpretation and use must enable and protect a free competition of political forces in a democratic society. article 32 citizens have the right to put up resistance against anyone who would eliminate the democratic order of basic human rights and freedoms listed in this constitution, if the activity of constitutional bodies and the effective use of legal means are rendered impossible. part four. the rights of national minorities and ethnic groups article 33 membership in any national minority, or ethnic group, must not be to anyone's detriment. article 34 the comprehensive development of citizens belonging to national minorities or ethnic groups in the slovak republic is guaranteed, particularly the right to develop their own culture together with other members of the minority or ethnic group, the right to disseminate and receive information in their mother tongue, the right to associate in national minority associations, and the right to establish and maintain educational and cultural institutions. details shall be laid down by law. in addition to the right to master the state language, citizens belonging to national minorities, or ethnic groups, also have, under conditions defined by law, a guaranteed right to education in their own language, right to use their language in official communications, right to participate in the decisions on affairs concerning national minorities and ethnic groups. the exercise of the rights of citizens belonging to national minorities and ethnic groups that are guaranteed in this constitution may not lead to jeopardizing of the sovereignty and territorial integrity of the slovak republic, and to discrimination against its other inhabitants. part five. economic, social, and cultural rights article 35 everyone has the right to a free choice of profession and to training for it, as well as the right to engage in entrepreneurial or other gainful activity. conditions and restrictions with regard to the execution of certain professions or activities may be laid down by law. citizens have the right to work. the state shall materially and to an appropriate extent provide for citizens who are unable to exercise this right through no fault of their own. the conditions shall be laid down by law. a different regulation of rights listed under paragraphs 1 to 3 may be laid down by law for foreign nationals. article 36 employees have the right to just and satisfying working conditions. the law guarantees, above all the right to remuneration for work done, sufficient to ensure them a dignified standard of living, protection against arbitrary dismissal and discrimination at the work place, labor safety and the protection of health at work, the longest admissible working time, adequate rest after work, the shortest admissible period of paid leave, the right to collective bargaining. article 37 everyone has the right to freely associate with others in order to protect his economic and social interests. trade union organizations are established independently of the state. it is inadmissible to limit the number of trade union organizations, as well as to give some of them a preferential status in an enterprise or a branch of the economy. the activity of trade union organizations and the founding and operation of other associations protecting economic and social interests can be restricted by law, if such measure is necessary in a democratic society to protect the security of the state, public order, or the rights and freedoms of others. the right to strike is guaranteed. the conditions shall be laid down by law. judges, prosecutors, members of the armed forces and armed corps, and members and employees of the fire and rescue brigades do not have this right. article 38 women, minors, and persons with impaired health are entitled to an enhanced protection of their health at work, as well as to special working conditions. minors and persons with impaired health are entitled to special protection in labor relations as well as to assistance in professional training. details concerning rights listed in paragraphs 1 and 2 shall be laid down by law. article 39 citizens have the right to adequate material provision in old age, in the event of work disability, as well as after losing their provider. everyone who is in material need is entitled to assistance necessary to ensure basic living conditions. details concerning rights listed in paragraphs 1 and 2 shall be laid down by law. article 40 everyone has a right to the protection of health. based on public insurance, citizens have the right to free health care and to medical supplies under conditions which shall be laid down by law. article 41 marriage is a unique union between a man and a woman. the slovak republic comprehensively protects and cherishes marriage for its own good. special care, protection in labor relations, and adequate working conditions are guaranteed to a woman during the period of pregnancy. children born in and out of wedlock enjoy equal rights. child care and upbringing are the rights of parents; children have the right to parental care and upbringing. parents' rights can be restricted and minors can be separated from their parents against their will only by a court ruling on the basis of law. parents caring for children are entitled to assistance from the state. details concerning rights under paragraphs 1 to 5 shall be laid down by law. article 42 everyone has the right to education. school attendance is compulsory. its period and age limit shall be laid down by law. citizens have the right to free education at primary and secondary schools and, depending on their abilities and society's resources, also at higher educational establishments. schools other than state schools may be established, and teaching in them provided, only under conditions laid down by law; education in such schools may be provided for a payment. a law shall lay down conditions under which citizens are entitled to assistance from the state in their studies. article 43 freedom of scientific research and in art is guaranteed. the rights to the results of creative intellectual activity are protected by law. the right of access to the cultural heritage is guaranteed under conditions laid down by law. part six. the right to the protection of the environment and the cultural heritage article 44 everyone has the right to a favorable environment. everyone is obliged to protect and enhance the environment and the cultural heritage. no one may endanger, or damage the environment, natural resources, and the cultural heritage beyond the extent laid down by law. the state looks after a cautious use of natural resources, protection of agricultural and forest land, ecological balance, and effective environmental care, and provides for the protection of specified species of wild plants and animals. agricultural and forest land are non-renewable natural resources and enjoy special protection by the state and society. the details of the rights and obligations according to paragraphs 1 to 5 shall be laid down by law. article 45 everyone has the right to timely and complete information about the state of the environment and about the causes and consequences of its condition. part seven. the right to judicial and other legal protection article 46 everyone may claim his right in a manner laid down by law in an independent and impartial court and, in cases laid down by law, at another body of the slovak republic. anyone who claims to have been deprived of his rights by a decision of a public administration body may turn to the court to have the lawfulness of such decision reexamined, unless laid down otherwise by law. the reexamination of decisions concerning basic rights and freedoms may not, however, be excluded from the court's authority. everyone is entitled to compensation for damage incurred as a result of an unlawful decision by a court, or another state or public administration body, or as a result of an incorrect official procedure. conditions and details concerning judicial and other legal protection shall be laid down by law. article 47 everyone has the right to refuse to testify if, by doing so, he might bring on the risk of criminal prosecution of himself or a close person. everyone has the right to legal assistance in court proceedings, or proceedings before other state or public administration bodies from the start of the proceedings, under conditions laid down by law. all participants are equal in proceedings according to paragraph 2. anyone who declares that he does not have a command of the language in which the proceedings under paragraph 2 are conducted has the right to an interpreter. article 48 no one must be removed from his assigned judge. the jurisdiction of the court shall be laid down by law. everyone has the right to have his case tried in public, without undue delay, and in his presence and to deliver his opinion on all pieces of evidence. the public can be excluded only in cases laid down by law. article 49 only the law shall lay down which conduct constitutes a criminal act, and what punishment, or other forms of deprivation of rights, or property, may be imposed for its commitment. article 50 only the court decides on guilt and punishment for criminal acts. everyone against whom a criminal proceeding is conducted is considered innocent until the court establishes his guilt by a legally valid verdict. the accused has the right to be granted the time and opportunity to prepare his defense, and to defend himself either alone or through a defense counsel. the accused has the right to refuse to testify; this right may not be denied in any way. no one may be criminally prosecuted for an act for which he has already been sentenced, or of which he has already been acquitted. this principle does not rule out the application of extraordinary remedies in compliance with the law. whether any act is criminal is assessed, and punishment is determined, in accordance with the law valid at the time when the act was committed. a more recent law is applied, if it is more favorable for the perpetrator. part eight. common provisions for chapters one and two article 51 the rights listed under article 35, article 36, article 37, paragraph 4, articles 38 to 42, and articles 44 to 46 of this constitution can be claimed only within the limits of the laws that execute those provisions. the conditions and scope of limitations of the basic rights and freedoms during war, under the state of war, martial state and state of emergency shall be laid down by the constitutional law. article 52 wherever the term "citizen" is used in chapters one and two of this constitution, this is understood to mean a citizen of the slovak republic. foreign nationals enjoy in the slovak republic basic human rights and freedoms guaranteed by this constitution, unless these are expressly granted only to citizens. wherever the term "citizen" is used in previous legal regulations, this is understood to mean every person, wherever this concerns the rights and freedoms that this constitution extends regardless of citizenship. article 53 the slovak republic grants asylum to foreign nationals persecuted for upholding political rights and freedoms. asylum may be denied to those who acted in violation of basic human rights and freedoms. details shall be laid down by law. article 54 the law may restrict the right of judges and prosecutors to engage in entrepreneurial and other business activity and the right listed under article 29, paragraph 2; the right of employees of state administration bodies and territorial self-administration bodies in designated functions listed also under article 37, paragraph 4; and the rights of members of armed forces and armed corps listed also under articles 27 and 28, if these are related to the execution of their duties. the law may restrict the right to strike for persons in professions that are vital for the protection of life and health. chapter three part one. the economy of the slovak republic article 55 the economy of the slovak republic is based on the principles of a socially and ecologically oriented market economy. the slovak republic protects and promotes economic competition. details shall be laid down by law. article 56 the national bank of slovakia is an independent central bank of the slovak republic. the national bank of slovakia may within its competence issue generally binding regulations, if so authorized by law. the supreme managing body of the national bank of slovakia is the bank council of the national bank of slovakia. the details pursuant to paragraphs 1 and 2 shall be laid down by law. article 57 the slovak republic is a customs territory. article 58 the financial management of the slovak republic is administered by its state budget. the state budget is adopted by means of a law. state budget revenues, the procedures of budget management and the relationship between the state budget and the budgets of territorial units shall be laid down by law. special-purpose state funds linked to the state budget of the slovak republic are established by law. article 59 there are state and local taxes and fees. taxes and fees may be levied by law or on the basis of a law. part two. supreme audit office of the slovak republic article 60 the supreme audit office of the slovak republic is an independent body carrying out control of the management of budgetary resources approved under the law by the national council of the slovak republic or government, property, property rights, funds, obligations and claims of state, public institutions and the national property fund of the slovak republic, municipalities, superior territorial units, legal persons with ownership interest of the state, legal persons with ownership interest of public institutions, legal persons with ownership interest of the national property fund of the slovak republic, legal persons with ownership interest of municipalities, legal persons with ownership interest of superior territorial units, legal persons established by municipalities, or legal persons established by superior territorial units, property, property rights, funds and claims that were granted to the slovak republic, legal persons or natural persons within the framework of development programs, or for other similar reasons from abroad, property, property rights, funds, obligations and claims for which the slovak republic undertook the guarantee, property, property rights, funds, obligations and claims of legal persons carrying out activities in the public interest. the control power of the supreme audit office shall apply to the extent specified in paragraph 1 to the government of the slovak republic, ministries and other central bodies of state administration of the slovak republic and bodies subordinated to them, state bodies, as well as legal persons that were founded or established by central bodies of state administration or other state bodies, municipalities and superior territorial units, legal persons established by municipalities, legal persons established by superior territorial units, legal persons with ownership interest of municipalities and legal persons with ownership interest of superior territorial units, special-purpose state funds, public institutions established by law, legal persons with ownership interest of public institutions, legal persons with ownership interest of the state, the national property fund of the slovak republic, legal persons with a specified ownership interest of the national property fund of the slovak republic, natural persons and legal persons. article 61 the supreme audit office is headed by a chairman. the chairman and deputy chairmen of the supreme audit office are elected and recalled by the national council of the slovak republic. any citizen of the slovak republic who may be elected to the national council of the slovak republic may be elected chairman and deputy chairman of the supreme control office. the same person may be elected chairman and deputy chairman of the supreme audit office for a maximum of two consecutive seven-year terms. the office of a chairman and deputy chairman of the supreme audit office is incompatible with an office in any other body of the public authority, employment, or similar labor relation, business activities, membership in a management or supervisory body of a legal person carrying out business activities, or with any other economic or for-profit activity, except for administration of own property, scientific, pedagogical, literary, or artistic activity. article 62 the supreme audit office submits reports on the results of its audits to the national council of the slovak republic at least once a year and whenever requested to do so by the national council of the slovak republic. article 63 the status, powers, internal organizational structure and basic rules of the control activity of the supreme audit office shall be laid down by law. chapter four. territorial self-administration article 64 a municipality is the basic element of territorial self-administration. territorial self-administration comprises a municipality and superior territorial unit. article 64a a municipality and superior territorial unit are independent territorial and administrative units of the slovak republic comprising persons who are permanently resident on its territory. details shall be laid down by law. article 65 a municipality and superior territorial unit are legal persons that, under conditions laid down by law, independently manage own property and financial resources. a municipality and superior territorial unit finance their needs primarily from their own revenues, as well as from state subsidies. the law shall lay down which taxes and fees are municipalities’ revenue and which taxes and fees are revenue of superior territorial unit. state subsidies may be claimed only within the limits of the law. article 66 a municipality has the right to associate with other municipalities in order to provide for the matters of common interest; a superior territorial unit has the same right to associate with other superior territorial units. conditions shall be laid down by law. uniting, splitting, or dissolution of a municipality will be regulated by law. article 67 the territorial self-administration is performed at meetings of municipality residents, by a local referendum, by a referendum on the territory of a superior territorial unit, by the municipality bodies or the bodies of a superior territorial unit. the manner of execution of the local referendum and the referendum on the territory of a superior territorial unit shall be laid down by law. duties and restrictions relating to execution of the territorial self-administration may be imposed upon a municipality and superior territorial unit by law and on the basis of an international treaty pursuant to article 7, paragraph 5. the state may intervene in activities of a municipality and a superior territorial unit only in a manner laid down by law. article 68 a municipality and a superior territorial unit may issue generally binding ordinances in the matters of local self-administration and in order to provide for the tasks ensuing for the self-administration from the law. article 69 municipality bodies are the municipal council, the mayor of a municipality. the municipal council is composed of the municipal council deputies. the deputies are elected for a four-year term by citizens of the municipality with permanent residence on its territory. elections of deputies are held by secret ballot, on the basis of a general, equal, and direct right to vote. the mayor of a municipality is elected for a four-year term by citizens of the municipality with permanent residence on its territory by secret ballot, on the basis of a general, equal, and direct right to vote. the mayor of a municipality constitutes the municipality's executive body. he executes municipality administration and represents the municipality outwardly. the reasons and manner of mayor’s removal prior to expiry of the term shall be laid down by law. territorial self-administration bodies are council of the territorial self-administration unit, chairman of the territorial self-administration unit, the territorial self-administration council is composed of deputies to the territorial self-administration council. the deputies are elected for a four-year term by citizens the territorial self-administration unit with permanent residence on its territory. elections of deputies are held by secret ballot, on the basis of a general, equal, and direct right to vote. the chairman of the territorial self-administration unit is elected for a four-year term by citizens of the municipality with permanent residence on its territory by secret ballot, on the basis of a general, equal, and direct right to vote. the reasons and manner of chairman’s removal prior to expiry of the term shall be laid down by law. the chairman the territorial self-administration unit constitutes the municipality's executive body. he executes municipality administration and represents the municipality outwardly. article 70 the prerequisites for a municipality to be declared a town, and the method of doing so, shall be laid down by law, which will also designate the names of town bodies. article 71 the execution of designated tasks of local state administration can be transferred by law to the municipality and superior territorial unit. the cost of the execution of state administration transferred in this manner will be covered by the state. in executing state administration, the municipality and superior territorial unit may, on the basis of the law and within its limits, issue ordinances that are generally binding within its area of jurisdiction, if empowered to do so by the law. the execution of state administration transferred to the municipality, or superior territorial unit by law is governed and controlled by the government. details shall be laid down by law. chapter five. legislative power part one. the national council of the slovak republic article 72 the national council of the slovak republic is the sole constitutional and legislative body of the slovak republic. article 73 the national council of the slovak republic has 150 members of parliament elected for a four-year period. members of parliament are representatives of citizens. they execute their mandate personally according to their conscience and conviction and are not bound by orders. article 74 members of parliament are elected by secret ballot in general, equal, and direct elections. a citizen who has the right to vote, has reached the age of 21 and has permanent residence on the territory of the slovak republic may be elected a member of parliament. details on the election of members of parliament shall be laid down by law. article 75 a member of parliament is sworn in at the first meeting of the national council of the slovak republic in which he participates, by taking the following oath: "i swear on my honor and conscience to be faithful to the slovak republic. i will discharge my duties in the interest of its citizens. i will uphold the constitution and other laws and work toward their implementation into life." refusing to take this oath, or taking it with reservations, results in the loss of mandate. article 76 the validity of the election of members of parliament is verified by the national council of the slovak republic. article 77 the post of a member of parliament is incompatible with the post of judge, prosecutor, public defender of rights, member of the armed forces, member of armed corps and member of the european parliament. if a member of parliament is appointed member of the government of the slovak republic, his mandate as a member of parliament does not terminate while he executes the government post, it is just not exercised. article 78 a member of parliament may not be prosecuted for his voting in the national council of the slovak republic, or its bodies; this applies also after the termination of his mandate. for statements made in the national council of the slovak republic, or its body, while discharging the function of a member of parliament, a member of parliament may not be criminally prosecuted; this applies also after the termination of his mandate. a member of parliament is subject to the disciplinary powers of the national council of the slovak republic. no member of parliament shall be taken into custody without the consent of the national council of the slovak republic. if a member of parliament is caught and arrested while committing a criminal offence, the competent body shall be obliged to notify immediately the president of the national council of the slovak republic and the chairman of the mandate and immunity committee of the national council of the slovak republic. if the mandate and immunity committee of the national council of the slovak republic does not subsequently approve the arrest, the member of parliament must be released immediately. if a member of parliament is in custody, his mandate does not terminate, it is only not exercised. article 79 a member of parliament may refuse to testify in matters about which he learned while discharging his office, even after he ceases to be a member of parliament. article 80 a member of parliament may address an interpellation to the government of the slovak republic, a member of the government of the slovak republic, or the head of another central body of state administration concerning matters within their jurisdiction. the member of parliament must receive a reply within 30 days. the reply to interpellations is followed by a debate in the national council of the slovak republic on the subject, which may be tied with a vote of confidence. article 81 a member of parliament may surrender the mandate by a personal statement at the session of the national council of the slovak republic. if serious circumstances prevent him from doing that, he may do so in writing in the hands of the speaker of the national council of the slovak republic, in which case the mandate of the member of parliament terminates on the day of delivery of the written decision of surrendering the mandate to the speaker of the national council of the slovak republic. article 81a the mandate of a member of parliament shall terminate by expiry of the term, surrendering of the mandate, loss of eligibility for election, dissolution of the national council of the slovak republic, rise of incompatibility pursuant to article 77, paragraph 1, on the day the court decision becomes effective by which a member of parliament was sentenced for a deliberate criminal act, or by which a member of parliament was sentenced for a criminal act and the court did not rule in his case on a conditional suspended execution of the prison sentence. article 82 the national council of the slovak republic holds permanent sessions. the constituent meeting of the national council of the slovak republic is called by the president of the slovak republic within 30 days after the announcement of election results. if he fails to do so, the national council of the slovak republic convenes on the 30th day after the announcement of the election results. the national council of the slovak republic may interrupt its session by means of a resolution. the length of interruption must not exceed four months in a year. during interruption, the speaker, deputy speakers, and bodies of the national council of the slovak republic execute their powers. while the session is interrupted, the speaker of the national council of the slovak republic may convene a meeting of the national council of the slovak republic even prior to the set date. he will do so whenever requested by the government of the slovak republic or at least one-fifth of the members of parliament. the session of the national council of the slovak republic ends with the expiration of the electoral term or with its dissolution. article 83 meetings of the national council of the slovak republic are called by its speaker. the speaker of the national council of the slovak republic shall convene a meeting of the national council of the slovak republic also when requested to do so by at least one-fifth of its members of parliament. in that case he will convene a meeting within seven days. meetings of the national council of the slovak republic are public. non-public meetings can be held only in cases laid down by law or on the basis of a decision by three-fifths of all members of parliament of the national council of the slovak republic. article 84 the national council of the slovak republic has a quorum if more than one-half of all its members of parliament are present. for a resolution of the national council of the slovak republic to be valid, it must be passed by more than one-half of the members of parliament present, unless laid down otherwise by this constitution. in order to approve an international treaty stipulated in article 7, paragraphs 3 and 4 and adopt a bill returned by the president of the slovak republic pursuant to article 102, letter o), a consent of more than one-half of all members of parliament is required. the consent of a three-fifths majority of all members of parliament shall be required for adopting or amending the constitution or a constitutional law, for approving an international treaty according to art. 7 par. 2, for adopting a resolution on plebiscite on the recall of the president of the slovak republic, for impeaching the president, and for declaring war on another state. article 85 at the request of the national council of the slovak republic, or its body, a member of the government of the slovak republic, or head of another body of state administration, must participate in its meeting or in the meeting of its body. article 86 the power of the national council of the slovak republic comprises, above all: deciding upon the constitution and constitutional and other laws and controlling compliance with them, approving by means of a constitutional law a treaty on the slovak republic's entering into a union with other states and on its abrogation of such a treaty, deciding on proposals to call a referendum, expressing consent, prior to ratification, with the international treaties on human rights and fundamental freedoms, international political treaties, international treaties of military nature, international treaties establishing membership of the slovak republic in international organizations, international economic treaties of a general nature, international treaties whose execution requires the enactment of a law, as well as with international treaties that directly establish rights or obligations of natural persons or legal persons, and at the same time making determination if these are international treaties stipulated in article 7, paragraph 5, establishing ministries and other state administration bodies by means of law, discussing the policy statement of the government of the slovak republic, controlling the government's activity and passing a vote of confidence in the government or its members, approving the state budget, checking on its fulfillment and approving the state closing account, discussing basic domestic, international, economic, social, and other political issues, adopting resolutions annulling a presidential decision under article 102 par. 1 subpar. j), if this decision violates the principles of the rule of law and democracy; the adopted resolution shall be generally binding and promulgated in the same manner as is prescribed for the promulgation of laws, electing and recalling the chairman and deputy chairman of the supreme audit office of the slovak republic and three members of the judicial council of the slovak republic. deciding on the declaration of war, if the slovak republic is attacked, or as a result of commitments arising from international treaties on common defense against aggression, and on peace agreement after the war, expressing consent to sending armed forces outside the territory of the slovak republic, unless it is a case stipulated in article 119, letter p, expressing consent with the presence of foreign armed forces on the territory of the slovak republic. article 87 a draft law may be introduced by committees of the national council of the slovak republic, members of parliament and the government of the slovak republic. if the president of the slovak republic returns a law with comments, the national council of the slovak republic will discuss the constitutional, or other law again and, in the event of its approval, such a law must be promulgated. a law is signed by the president of the slovak republic, the speaker of the national council of the slovak republic and the prime minister of the slovak republic. if the national council of the slovak republic, after having discussed the law again, approves the law even despite the comments of the president of the slovak republic and the president of the slovak republic does not sign the law, the law is promulgated even without the signature of the president of the slovak republic. a law becomes valid with its promulgation. details of promulgation of laws, international treaties and legally binding acts of an international organization pursuant to article 7, paragraph 2 shall be laid down by law. article 88 the motion to pass a vote of no-confidence in the government of the slovak republic or a member of it will be discussed by the national council of the slovak republic, if requested by at least one-fifth of its members of parliament. the consent of more than one-half of all members of parliament is required to pass a vote of no confidence in the government of the slovak republic or a member of it. article 88a the national council of the slovak republic shall discuss the draft resolution annulling presidential decision under article 102 par. 1 subpar. j) if at least one fifth of its members so request. article 89 the speaker of the national council of the slovak republic is elected and recalled by the national council of the slovak republic by secret ballot, by more than one-half of the votes of all members of parliament. the speaker is accountable only to the national council of the slovak republic. the speaker of the national council of the slovak republic calls and chairs meetings of the national council of the slovak republic, signs the constitution, constitutional laws and other laws, takes the oath from members of parliament of the national council of the slovak republic, calls elections to the national council of the slovak republic, election of the president of the slovak republic and elections to the bodies of territorial self-administration, calls public voting on recalling of the president of the slovak republic, performs other tasks, if so laid down by law. the speaker of the national council of the slovak republic remains in office after the election term expires, until the national council of the slovak republic elects a new speaker. article 90 the deputy speakers of the national council of the slovak republic act as substitutes for the speaker. they are elected and recalled by secret ballot by the national council of the slovak republic, by the votes of more than one-half of all members of parliament. the deputy speaker of the national council of the slovak republic is accountable to the national council of the slovak republic. the provision of article 89, paragraph 3 applies also to the deputy speaker of the national council of the slovak republic. article 91 the activity of the national council of the slovak republic is managed and organized by the speaker and deputy speakers. article 92 the national council of the slovak republic establishes from the ranks of members of parliament committees as its bodies having an initiating and control role; it elects their chairmen by secret ballot. the deliberations of the national council of the slovak republic and its committees shall be laid down by law. part two. the referendum article 93 a referendum is used to confirm a constitutional law on entering into a union with other states, or on withdrawing from that union. a referendum can be used to decide also on other important issues of public interest. basic rights and freedoms, taxes, levies and the state budget may not be the subject of a referendum. article 94 every citizen of the slovak republic who has the right to vote in elections of the national council of the slovak republic is entitled to participate in the referendum. article 95 the referendum is called by the president of the slovak republic if requested by a petition signed by a minimum of 350,000 citizens, or on the basis of a resolution of the national council of the slovak republic, within 30 days after the receipt of the citizens' petition, or the resolution of the national council of the slovak republic. the president of the slovak republic may, before calling a referendum, file with the constitutional court of the slovak republic a petition for a decision whether the subject of the referendum, which should be called on the basis of a citizens’ petition or a resolution of the national council of the slovak republic pursuant to paragraph 1, is in compliance with the constitution or a constitutional law. if the president of the slovak republic files with the constitutional court of the slovak republic a petition for a decision whether the subject of the referendum which should be called on the basis of a citizens’ petition or a resolution of the national council of the slovak republic is in compliance with the constitution or a constitutional act, the period pursuant to paragraph 1 shall not continue from filing of a petition by the president of the slovak republic until the decision of the constitutional court of the slovak republic becomes effective. article 96 the motion to pass a resolution of the national council of the slovak republic on calling a referendum may be introduced by members of parliament, or by the government of the slovak republic. a referendum shall be held within 90 days from the day it was called by the president of the slovak republic. article 97 a referendum may not be held within 90 days prior to elections to the national council of the slovak republic. a referendum may be held on the day of elections to the national council of the slovak republic. article 98 the results of the referendum are valid if more than one-half of eligible voters participated in it and if the decision was endorsed by more than one half of the participants in the referendum. the proposals adopted in the referendum will be promulgated by the national council of the slovak republic in the same way as it promulgates laws. article 99 the national council of the slovak republic may amend or annul the result of a referendum by means of a constitutional law no sooner than three years after the result of the referendum came into effect. a referendum on the same issue may be repeated no sooner than three years from the day it was held. article 100 a law shall lay down the manner in which the referendum will be carried out. chapter six. executive power part one. the president of the slovak republic article 101 the president is the head of state of the slovak republic. the president represents the slovak republic both outwardly and through his decisions ensures due performance of constitutional bodies. the president performs his office according to his/her best conscience and conviction, and is not bound by any orders. the president of the slovak republic is elected by the citizens of the slovak republic in direct elections by secret ballot for a period of five years. all citizens with the right to vote in the national council of the slovak republic have the right to vote the president. the candidates for president are nominated by no less than 15 members of parliament or by the citizens with the right to vote in national council of the slovak republic on the bases of a petition signed by at least 15 000 citizens. the nominations are submitted to the speaker of the national council of the slovak republic not later than 21 days after the elections have been called. the candidate who gets more than one-half of all valid votes of eligible voters is elected president. if no candidate gets necessary majority of votes by voters, a second ballot is held within 14 days. those two candidates progress to the second ballot who got the highest number of the valid votes. in the second ballot, that candidate who got the highest number of all valid votes of the participating voters is elected president. if any of the two candidates who got most valid votes in the first ballot ceases to be eligible to by elected president prior to the second ballot, or waives the right to run for the office, the candidate who received in the first ballot the next highest number of votes proceeds to the second ballot. if there are not two candidates for the second ballot, the second ballot will not be held and the speaker of the national council of the slovak republic will call new elections within seven days so that they are held within 60 days thereof. if there is only one candidate running for the office of the president, the election will take place in a way that a vote will be taken on him; he is elected president if he receives more than one-half of the valid votes from participating voters. the elected candidate assumes the office of the president by taking the oath. he is sworn in before the national council of the slovak republic by the chairman of the constitutional court at noon on the day the former president’s term of office ceases. if the president's term of office terminated early, the elected candidate takes the oath and assumes the office of the president at noon of the following day after the announcement of the election results. the constitutional court of the slovak republic decides on the constitutionality or lawfulness of the elections. details of the presidential elections shall be laid down by law. article 102 the president represents the slovak republic outwardly and concludes and ratifies international treaties. he may delegate to the government of the slovak republic or, with the government's consent, to individual members of the slovak republic, the conclusion of international treaties, may file with the constitutional court of the slovak republic a petition for a decision on the compliance of a concluded international treaty, which requires a consent of the national council of the slovak republic, with the constitution or a constitutional law, receives, accredits and recalls chiefs of diplomatic missions, calls the constituent meeting of the national council of the slovak republic, may dissolve the national council of the slovak republic if the policy statement of the government of the slovak republic is not approved within six months after its appointment, if the national council of the slovak republic failed to pass within three months a government draft law that the government tied with a vote of confidence, if the national council of the slovak republic was incapacitated to make decisions for more than three months, although the session was not interrupted and during that time it was repeatedly called for sessions, or if the session of the national council of the slovak republic was interrupted for more than permitted by the constitution. the president may not exercise this right during last six months of his term, during war, state of war, or martial law. the president will dissolve the national council of the slovak republic if in the public voting on removal of the president, the president was not removed. signs laws, appoints and recalls the prime minister and other members of the government of the slovak republic, entrusts them with the management of ministries and accepts their resignation. recalls the prime minister and other members of the government in the cases listed in articles 115 and 116, appoints and recalls the heads of central bodies and higher-level state officials and other officials in cases laid down by law; appoints and recalls university rectors, appoints university professors, appoints and promotes generals, awards distinctions, unless he empowers another body to do so, grants amnesty and pardon, lowers punishments imposed by courts in criminal proceedings and nullifies punishments by an individual clemency, or amnesty, is the supreme commander of the armed forces, declares war on the basis of a decision of the national council of the slovak republic, if the slovak republic is attacked, or as a result of commitments arising from international treaties on common defense against aggression, and concludes peace agreement, upon the motion of the government of the slovak republic may order mobilization of armed forces, declare the state of war, or declare martial law, and the termination thereof., calls referendums, can return to the national council of the slovak republic any laws with comments within 15 days after their approval, presents to the national council of the slovak republic reports on the state of the slovak republic and on important political issues, has the right to demand reports from the government of the slovak republic and its members necessary to perform its tasks, appoints and recalls the judges of the constitutional court of the slovak republic, president and vice-president of the constitutional court of the slovak republic; takes oath of the judges of the constitutional court of the slovak republic and the oath of the general prosecutor, appoints and recalls judges, chief justice and deputy chief justice of the supreme court of the slovak republic, general prosecutor and three members of the judicial council; takes oath of judges. shall decide on delegation of powers to the government and give approval for the exercising of its competences in accordance with article 115.3. president’s decision issued in accordance with article 102, paragraph 1, letters c) and j), with respect to granting an amnesty, and pursuant to letter k) is valid after it is signed by the prime minister of the slovak republic or a minister authorized by him; in such cases the government of he slovak republic shall be responsible for the president’s decision. terms of declaration of war, state of war, martial law, state of emergency and the way of execution of the public power in the time of war, declared state of war, declared state of emergency shall be laid down by a constitutional law. details of the execution of constitutional powers of the president under paragraph 1 may by laid down by law. article 103 any citizen of the slovak republic may be elected president who can be elected to the national council of the slovak republic and has reached the age of 40 on the day of elections. the same person can be elected president in no more than two consecutive electoral periods. the election of the president is called by the speaker of the national council of the slovak republic in a way that the first ballot is held no later than 60 days prior to the end of the acting president's term of office. should the office of the president become vacant prior to the end of the term of office, the speaker of the national council of the slovak republic calls the election of a president within seven days in a way that the first ballot is held no later than 60 days after the call thereof. should a member of parliament, member of the government of the slovak republic, judge, prosecutor, member of the armed forces or armed corps, or chairman or deputy chairman of the supreme audit office of the slovak republic be elected president, he will cease executing his previous function from the day of his election. the president may not perform any other paid function, profession, or entrepreneurial activity and may not be a member of the body of a legal person engaged in entrepreneurial activity. the president may resign from the office at any time; his term of office ceases on the day of handing over to the president of the constitutional court of the slovak republic a written notice of this decision. the president of the constitutional court will notify the speaker of the national council of the slovak republic of the resignation in writing. article 104 the president is sworn in by the president of the constitutional court of the slovak republic before the national council of the slovak republic by taking the following oath: "i promise on my honor and conscience to be faithful to the slovak republic. i will dedicate my effort to the well-being of the slovak nation and the national minorities and ethnic groups living in the slovak republic. i will discharge my duties in the interest of citizens and will uphold and defend the constitution and other laws." refusing to take this oath, or taking it with reservations, results in the invalidity of the election of the president. article 105 if no president is elected, or if the office of the president becomes vacant before a new president is elected, or before the newly elected president has been sworn in, or if the president is unable to perform his function for serious reasons, the powers of the president under article 102, paragraph 1, letters a), b), c), n) and o) fall upon the government of the slovak republic. in this period the government can entrust the prime minister with executing some presidential powers. the supreme command of the armed forces is transferred to the prime minister in this period. the powers of the president under article 102, paragraph 1, letters d), g), h), l), m), s) and t) fall upon the speaker of the national council of the slovak republic in this period. if the president is unable to perform his function for more than six months, the constitutional court of the slovak republic must declare the office of the president vacant. the terms of office of the acting president ceases as of the day of such declaration. article 106 the president may be recalled before the termination of the term of office by a public voting. a public voting on recalling of the president is called by the speaker of the national council of the slovak republic based on the resolution of the national council of the slovak republic adopted by not less than a three-fifths majority of all members of the national council of the slovak republic; he must do so within thirty days from adopting the resolution so that the referendum takes place within 60 days after it has been called. the president is recalled if more than one-half of all eligible voters voted for his recall in the public voting. if the president was not recalled in the public voting, the president will dissolve the national council of the slovak republic within 30 days from the announcement of the public voting results. in such event, a new term of office begins for the president. the speaker of the national council of the slovak republic will call election in the national council of the slovak republic within seven days from its dissolution. details of president’s removal shall be laid down by law. article 107 the president can be prosecuted only for deliberate violation of the constitution or high treason. the decision on the indictment against the president is made by the national council of the slovak republic by a three-fifth majority vote of all members of parliament. the indictment against the president is filed by the national council of the slovak republic with the constitutional court of the slovak republic, which decides on the indictment in a plenary meeting. a sentencing decision of the constitutional court of the slovak republic means the loss of the office of the president and eligibility to run for the office again. part two. the government of the slovak republic article 108 the government of the slovak republic is the supreme body of executive power. article 109 the government consists of the prime minister, deputy prime ministers and ministers. the execution of the post of a government member is incompatible with the execution of a mandate of a member of parliament, execution of a post in any other public authority body, an employment in a state body, any contract of employment, or similar employment relation, entrepreneurial activity, membership in a management or control body of a legal person engaged in an entrepreneurial activity or another economic or gainful activity, with the exception of the administration of their own property and scientific, teaching, literary, and artistic activity. article 110 the prime minister is appointed and recalled by the president of the slovak republic. any citizen of the slovak republic who can be elected to the national council of the slovak republic can be appointed prime minister. article 111 at the proposal of the prime minister, the president of the slovak republic appoints and recalls other members of the government and entrusts them with the management of ministries. the president can appoint as deputy prime minister and minister any citizen who may be elected to the national council of the slovak republic. article 112 members of the government are sworn in by the president of the slovak republic and take the following oath: "i swear on my honor and conscience to be faithful to the slovak republic. i will discharge my duties in the interest of the citizens. i will uphold the constitution and other laws and work toward their implementation into life." article 113 within 30 days after its appointment, the government is obliged to appear before the national council of the slovak republic, to present to it its program, and to request the expression of its confidence. article 114 the government is accountable for the execution of its duties to the national council of the slovak republic, which can pass a vote of no-confidence in it at any time. the government can at any time request the national council of the slovak republic to pass a vote of confidence in it. the government can link the vote on the adoption of a law or on another issue with a vote of confidence in the government. article 115 the president of the slovak republic shall recall the government if the national council of the slovak republic passes a vote of no-confidence in it, or if it turns down the government's request to pass a vote of confidence in it. if the president of the slovak republic accepts the government's resignation, he will entrust it with the execution of its duties until a new government is appointed. if the president of the slovak republic recalls the government in accordance with section (1), then by a decision promulgated in the collection of laws, the president shall charge that government with further performing its competences until a new government is appointed, but solely those competences set out in article 119.a.b.e.f.m.n.o.p.r; in addition, however, the performance of government competences set out in article 119.m.r requires the prior approval of the president in each individual case. article 116 a government member is accountable for the execution of his duties to the national council of the slovak republic. a government member may submit his resignation to the president of the slovak republic. the national council of the slovak republic may pass a vote of no-confidence also in an individual government member. in this case, the president of the slovak republic will recall the government member. the proposal to recall a government member may be submitted to the president of the slovak republic also by the prime minister. if the prime minister submits his resignation, the entire government will submit its resignation. if the national council of the slovak republic passes a vote of no-confidence in the prime minister, the president of the slovak republic will recall him. the recalling of the prime minister results in the stepping down of the government. if the president of the slovak republic accepts the resignation of, or recalls, a member of the government, he will determine which government member will temporarily be charged with the management of the matters previously administered by the government member whose resignation he accepted. article 117 the government will always submit its resignation after the constituent meeting of a newly elected national council of the slovak republic; however, the government executes its duties until a new government is formed. article 118 the government has a quorum if more than one-half of its members are present. consent of more than one-half of government members is necessary to pass a government resolution. article 119 the government as a body decides on draft laws, government ordinances, the government's program and its fulfillment, principal measures concerning the implementation of the slovak republic's economic and social policy, drafts of the state budget and the state closing account, international treaties of the slovak republic, the negotiation of which was transferred by the president of the slovak republic to the government. compliance with the transfer of power to negotiate international treaties under article 102, paragraph 1, letter a) to its individual members, filing with the constitutional court of the slovak republic of a motion to decide on the compliance of a negotiated international treaty for which an approval of the national council of the slovak republic is required with the constitution and constitutional law. principal questions of domestic and foreign policy, submitting a draft law or some other important measure to the public for discussion, requesting the passing of a vote of confidence, awarding amnesty for misdemeanors, appointing and recalling of other state officials in cases specified by law and three members of the judicial council of the slovak republic, a proposal for declaration of a state of war, a proposal for ordering a mobilization of armed forces, a proposal for declaration of the martial law and a proposal for their termination, on declaration and termination of the state of emergency, sending armed forces outside the territory of the slovak republic for the purposes of a humanitarian aid, military maneuvers, or peace observation missions, giving consent with the presence of foreign armed forces on the territory of the slovak republic for the purposes of humanitarian aid, military maneuvers, or peace observation missions, giving consent with the passing of foreign armed forces through the territory of the slovak republic, sending armed forces outside the territory of the slovak republic within commitments ensuing from international treaties on common defense against an attack for no more than 60 days; the government will forthwith notify the national council of the slovak republic of such decision. other matters, if laid down by law. article 120 the government may issue ordinances in order to execute a law within its limits. if so laid down by law, the government is authorized to issue ordinances in order to execute the europe agreement establishing an association between the european communities and their member states, of the one part, and the slovak republic, of the other part, and to execute international treaties stipulated in article 7, paragraph 2. government ordinances are signed by the prime minister. a government ordinance must be promulgated in a manner which shall be laid down by law. article 121 the government has the right to award amnesty for misdemeanors. details shall be laid down by law. article 122 central bodies of state administration and local bodies of state administration are established by law. article 123 ministries and other bodies of state administration may, on the basis of laws and within their limits, issue generally binding legal regulations if empowered to do so by law. these generally binding legal regulations are promulgated in a manner which shall be laid down by law. chapter seven. judicial power part one. the constitutional court of the slovak republic article 124 the constitutional court of the slovak republic is an independent judicial body charged with the protection of constitutionality. article 125 the constitutional court decides on the compatibility of laws with the constitution, constitutional laws and international treaties to which a consent was given by the national council of the slovak republic and which were ratified and promulgated in a manner laid down by law, government ordinances, generally binding legal regulations issued by ministries and other central bodies of the state administration with the constitution, constitutional laws, international treaties to which a consent was given by the national council of the slovak republic and which were ratified and promulgated in a manner laid down by law; and with laws, generally binding ordinances pursuant to article 68 with the constitution, constitutional laws and international treaties to which a consent was given by the national council of the slovak republic and which were ratified and promulgated as required by law, unless other court is making decision on them, generally binding legal regulations issued by local state administration bodies and generally binding ordinances issued by local self administration bodies issued pursuant to article 71, paragraph 2 with the constitution, constitutional laws and international treaties to which a consent was given by the national council of the slovak republic and which were ratified and promulgated in a manner laid down by law, unless other court is making decision on them, if the constitutional court accepts a petition for a proceeding pursuant to paragraph 1, it may suspend the effectiveness of the challenged legal regulations, their parts or some of their provisions, if their further application could jeopardize the basic rights and freedoms, if there is a threat of a substantial economic damage or other serious irreparable consequence. if the constitutional court states by its decision that there is inconsistency between the legal regulations referred to in paragraph 1, the effect of the respective regulations, their parts or their provisions shall terminate. the bodies that issued these legal regulations are obliged to ensure within six months from promulgation of the decision of the constitutional court their compliance with the constitution, constitutional laws and international treaties promulgated in a manner laid down by law and with respect to the regulations referred to in paragraph 1, letters b) and c) also with other laws, with respect to the regulations referred to in paragraph 1, letter d) with government ordinances and with generally binding legal regulations issued by ministries and other central bodies of the state administration. if they fail to do so, the validity of such regulations, their parts or provisions shall terminate six months from promulgation of the decision. the constitutional court does not decide on compliance of a draft law, or a draft of other generally binding legal regulation, with the constitution, an international treaty promulgated in a manner laid down by law, or with a constitutional law. the validity of a decision suspending the effect of the challenged legal regulations, their parts or some of their provisions terminates by the promulgation of a decision of the constitutional court on the merits, unless the constitutional court has canceled the decision suspending the effect of the challenged legal regulation before, because the reasons for which it was adopted vanished. a decision of the constitutional court issued pursuant to paragraphs 1, 2 and 5 shall be promulgated in a way established for promulgation of laws. a final decision of the constitutional court is generally binding article 125a the constitutional court decides on compliance of the concluded international treaties for which consent of the national council of the slovak republic is required with the constitution or a constitutional law. the petition for a decision pursuant to paragraph 1 may be filed with the constitutional court by the president of the slovak republic or the government before submitting of the concluded international treaty for a deliberation to the national council of the slovak republic. the constitutional court decides on the petition pursuant to paragraph 2 within the period laid down by law; if the constitutional court by its decision expresses that the international treaty is not in compliance with the constitution or a constitutional law, such international treaty may not be ratified. article 125b the constitutional court decides whether the subject of the referendum to be called on the basis of a citizens’ petition, or a resolution of the national council of the slovak republic pursuant to article 95, paragraph 1, is in compliance with the constitution or a constitutional law. the petition for a decision pursuant to paragraph 1 may be filed with the constitutional court by the president of the slovak republic before calling of a referendum, when he has doubts if the subject of the referendum to be called on the basis of a citizens’ petition, or a resolution of the national council of the slovak republic pursuant to article 95, paragraph 1, is in compliance with the constitution or a constitutional act. the constitutional court decides on the petition pursuant to paragraph 2 within 60 days from the day of its delivery; if the constitutional court by its decision state that the subject of the referendum to be called on the basis of a citizens’ petition, or a resolution of the national council of the slovak republic pursuant to article 95, paragraph 1, is not in compliance with the constitution or a constitutional act, the referendum may not be called. article 126 the constitutional court decides on jurisdiction disputes among central bodies of state administration, unless the law specifies that these disputes are decided by another state body. the constitutional court decides on disputable cases regarding the control power of the supreme audit office. article 127 the constitutional court decides on complaints by natural persons or legal persons objecting to violation of their basic rights and freedoms, or the basic rights and freedoms ensuing from an international treaty ratified by the slovak republic and promulgated in a manner laid down by law, unless other court makes decision on the protection of such rights and freedoms. if the constitutional court satisfies the complaint, it will state in its decision that a [disputed] final decision, measure, or other act violated the rights or freedoms pursuant to paragraph 1 and it will annul such decision, measure, or other act. if the violation of rights or freedoms pursuant to paragraph 1 has arisen due to inactivity, the constitutional court may order to the person that violated these rights or freedoms to act in that matter. the constitutional court may at the same time return the case for further proceeding, prohibit further violation of basic rights and freedoms or human rights and fundamental freedoms ensuing from an international treaty ratified by the slovak republic and promulgated in a manner laid down by law or, if possible, order the person that violated the rights or freedoms pursuant to paragraph 1 to restore the state before the violation. the constitutional court may, by its decision on satisfaction of the complaint, award an appropriate financial compensation to the person whose rights pursuant to paragraph 1 were violated. liability of the person that violated the rights or freedoms pursuant to paragraph 1, for damage or other harm, is not affected by the decision of the constitutional court. article 127a the constitutional court decides on the complaints filed by the bodies of the territorial selfadministration against an unconstitutional or unlawful decision or other unconstitutional or unlawful intervention in the matters of the territorial self-administration, unless another court is making a decision on its protection. if the constitutional court satisfies a complaint of the body of the territorial self-administration, it will state the reasons why the decision, or intervention in the matters of the territorial self-administration, is unconstitutional, or unlawful, which constitutional law or which law was violated and what decision, or act, caused such violation. the constitutional court will cancel the challenged decision, or if violation of law was constituted by another act than a decision, it will prohibit further violation of the right and it orders, if possible, that the state before the violation is restored. article 128 the constitutional court provides an interpretation of the constitution or constitutional laws in disputed matters. the decision of the constitutional court on interpretation of the constitution of a constitutional law is promulgated in a manner established for promulgation of laws. the interpretation is generally binding as of the day of its promulgation. article 129 the constitutional court decides on complaints filed against the decision to verify or not to verify the mandate of a member of parliament. the constitutional court decides on the constitutionality and legitimacy of elections to the national council of the slovak republic and territorial self-administration bodies and election in the european parliament. the constitutional court decides on complaints filed against the results on the public voting on recalling of the president of the slovak republic. the constitutional court decides whether the decision to disband or suspend the activity of a political party or a political movement was in compliance with constitutional and other laws. the constitutional court decides on high treason charges, or charges of deliberate violation of the constitution, filed by the national council of the slovak republic against the president of the slovak republic. the constitutional court decides whether a decision on declaration of the martial law, or the state of emergency, and relating decisions were issued in compliance with the constitution or constitutional laws. the constitutional court decides on complaint against resolution of the judicial council of the slovak republic pursuant to article 154d.2. decisions of the constitutional court pursuant to the paragraphs hereinabove are binding for all bodies of the public authority, natural persons or legal persons to whom it concerns. the respective body of the public authority is obliged to ensure their execution without undue delay. details shall be laid down by law. article 129a the constitutional court shall decide on the conformity of resolutions adopted by the national council of the slovak republic which annul an amnesty or a pardon adopted pursuant to article 86 subpar. i) with the constitution of the slovak republic. the constitutional court shall commence proceedings in cases referred to in the first sentence upon its own motion; article 125 shall apply mutatis mutandis. article 130 the constitutional court initiates proceedings on the basis of a proposal by at least one-fifth of members of parliament, the president of the slovak republic, the government of the slovak republic, the court, the general prosecutor, the chair of the judicial council in cases of conformity of legal regulations pursuant to article 125.1, if these regulations relate to the judiciary. public defender of right in cases of compliance of legal regulations pursuant to article 125, paragraph 1, if their further application could jeopardize the basic rights and freedoms ensuing from an international treaty ratified by the slovak republic and promulgated in a manner laid down by law. the supreme audit office of the slovak republic in case stipulated in article 126, paragraph 2, in cases listed under article 127 and 127a, anyone whose rights are to become the subject of inquiry, anyone objecting to the control power of the supreme audit office of the slovak republic in case laid down in article 126, paragraph 2. a law will lay down who is entitled to submit a proposal to initiate proceedings according to article 129. article 131 the constitutional court shall decide in plenary session on matters listed in art. 105 par. 2, art. 107, art. 125 par. 1 subpar. a) and b), art. 125a par. 1, art. 125b par. 1, art. 128, art. 129 par. 2 to 7, art. 129a, art. 136 par. 2 and 3, art. 138 par. 2 subpar. b) and c), on unification of legal opinions of panels of judges, on regulations of its internal relations and on the draft budget of the constitutional court. the plenary session of the constitutional court shall decide by absolute majority of all judges. if this majority is not reached, proceedings shall be stayed. the constitutional court decides on the remaining matters in panels of three judges. the panels decides by a more than one-half of its members. article 132 repealed. article 133 there shall be no appeal against a decision of the constitutional court; this however does not apply if due to a decision by a body of an international organization set up to ensure the observance of international agreements binding for the slovak republic, the slovak republic has the obligation in proceedings before the constitutional court to reopen a final decision of the constitutional court. article 134 the constitutional court consists of 13 judges. constitutional court judges are appointed by the president of the slovak republic for a period of twelve years upon a proposal by the national council of the slovak republic. the national council of the slovak republic proposes twice the number of candidates for judges that the president of the slovak republic is to appoint. any citizen of the slovak republic who may be elected to the national council of the slovak republic, has reached the age of 40, is a law school graduate and has been practicing law for at least 15 years may be appointed judge of the constitutional court. the same person may not be repeatedly appointed judge of the constitutional court. a judge of the constitutional court is sworn in by the president of the slovak republic by taking the following oath: "i promise on my honor and conscience that i will protect the inviolability of the natural rights of man and civic rights, protect the principles of the state governed by the rule of law, abide by the constitution, constitutional laws and international treaties that the slovak republic ratified and were promulgated in a manner laid down by law, and decide independently and impartially, according to my best conscience." a judge of the constitutional court takes up office upon taking his oath. article 135 the constitutional court is headed by its president, who is substituted for by the vice-president. the president and vice-president are appointed by the president of the slovak republic from among judges of the constitutional court. article 136 no judge of the constitutional court shall be criminally prosecuted for his/her decision-making, not even after expiration of his/her office. should a judge of the constitutional court be apprehended while committing a criminal offence and then arrested, the authority concerned shall be obliged to notify the president if the constitutional court immediately, and should it be the president of the constitutional court him/herself, then the vice-president of the constitutional court must be notified. no judge of the constitutional court shall be remanded without the consent of the constitutional court. the constitutional court may consent to the remanding into custody of any judge or the prosecutor general. the constitutional court convenes disciplinary proceedings against the chief justice of the slovak republic, deputy-chief justice of the slovak republic or the prosecutor general. article 137 if an appointed judge of the constitutional court is a member of a political party or a political movement, he must surrender his membership prior to taking his oath. judges of the constitutional court execute their post as their profession. the execution of this post is incompatible with a post in any other public authority body, a post, or contract of employment in another state body, any contract of employment, or similar employment relation, entrepreneurial activity, membership in a management or control body of a legal person engaged in an entrepreneurial activity or another economic or gainful activity, with the exception of the administration of their own property and scientific, teaching, literary, and artistic activity. on the day a judge takes up the office, his mandate as a member of parliament and his membership in the government of the slovak republic expire. article 138 a judge of the constitutional court may surrender his post of judge by a written notice to the president of the constitutional court. his post terminates at the end of the calendar month when the written notice on surrendering the post was delivered. the president of the slovak republic recalls a judge of the constitutional court on the basis of the effective court decision by which he was sentenced for a deliberate criminal act, or by which he was sentenced for a criminal act and the court did not rule in his case on a conditional suspended execution of the prison sentence, on the basis of a disciplinary decision by the constitutional court passed because of a deed that is incompatible with the execution of the post of a judge of the constitutional court, if the constitutional court declares that the judge has not been participating in constitutional court proceedings for over a year, or if he ceases to be eligible to be elected to the national council of the slovak republic. article 139 if a judge of the constitutional court surrenders the post of judge of the constitutional court, or if he is recalled from it, the president of the slovak republic will appoint, out of two persons proposed by the national council of the slovak republic, another judge of the constitutional court for a new term of office. article 140 details on the organization of the constitutional court, on the manner of constitutional court proceedings and on the status of its judges shall be laid down by law. part two. courts of the slovak republic article 141 justice in the slovak republic is administered by independent and impartial courts. justice at all levels is administered independently of other state bodies. article 141a. the judicial council of the slovak republic the chair of the judicial council is elected from the members of the judicial and is recalled by the judicial council. its members are nine judges, who are elected and recalled by the judges of the slovak republic, three members who are elected and recalled by the national council of the slovak republic, three members who are appointed and recalled by the president of the slovak republic, three members who are appointed and recalled by the government of the slovak republic in order to become the chair or a member of the judicial council of the slovak republic according to sections 1 b) to 1 d) above, a candidate shall be of impeccable character with a university qualification in law and at least 15 years of professional practice. performance of the office of the chair of the judicial council of the slovak republic is incompatible with holding a position in any other body of public authority; with state service employment; with gainful employment based on contract or otherwise; with entrepreneurial activity; with membership in the executive or supervisory boards of a legal entity engaged in entrepreneurial activity; or with any other economic or gainful activity other than administration of personal property and research, pedagogical, literary or artistic activity. the term of office of members of the judicial council of the slovak republic shall be five years. the same person may be elected or appointed as the chair or as a member of the judicial council for a maximum of two consecutive terms. the competences of the judicial council include: ensuring fulfilment of the responsibilities of public supervision of the judicial system, adopting a standpoint on whether a candidate for appointment as a judge fulfils the criteria for judicial capacity which provide a guarantee that s/he will properly perform the office of judge, submitting proposals to the president of the slovak republic concerning candidates for appointment as judges, and proposals for recall of judges, deciding on the assignment or transfer of judges, submitting proposals to the president of the slovak republic for appointment of the president and the vice president of the supreme court of the slovak republic, and proposals for their recall, submitting proposals to the government of the slovak republic concerning candidates for judges who should act for the slovak republic in international judicial bodies, electing and recalling members and chairs of disciplinary senates, commenting on the draft budget of the courts of the slovak republic during preparation of the draft of the state budget, and submitting a standpoint to the national council of the slovak republic regarding the draft budget of the courts, monitoring whether a judge fulfils the criteria for judicial capacity which provide a guarantee that the judge will properly perform his/her office throughout the duration of that office, publishing the principles of judicial ethics in cooperation with the bodies of self-administration of the judiciary, other competences if laid down by law. the adoption of a resolution of the judicial council of the slovak republic requires the consent of an absolute majority of all its members. the activity of the judicial council of the slovak republic is organized and managed by the chair. the chair of the judicial council of the slovak republic may submit a motion for commencement of proceedings before the constitutional court of the slovak republic concerning compliance of legal regulations regarding the performance of the judiciary according to art. 125.1. the judicial council of the slovak republic adopts standpoints according to sec. 5 b) on the basis of documents from the state authority vested with the task of protecting classified materials, and of statements from candidates for appointment to the position of judge; details shall be laid down by law. loss of criteria for judicial capacity, which provide a guarantee that the judge will properly perform his/her office throughout the duration of that office, shall be decided on by a disciplinary senate; the provisions of art. 154d.1 to 154d.3 remains unaffected. details of the election and recall of the chair of the judicial council of the slovak republic, the manner of establishing members of the judicial council of the slovak republic, its scope of powers, deputising for the chair of the judicial council of the slovak republic, its organisation and its relations with bodies of administration and self-administration of the judiciary, as well as of the method of scrutinising whether a judge fulfils the criteria for judicial capacity which guarantee that the judge will properly perform his/her office throughout the duration of that office, shall be laid down by law. article 142 courts decide on civil law and criminal law matters; examine the lawfulness of public administration bodies' decisions and lawfulness of decisions, measures, or other acts of the public authority bodies, if so laid down by law. court decisions are made by panels of judges, unless the law specifies that the matter is to be decided by a single judge. a law shall lay down in which cases decisions by panels of judges are attended by accessory judges from the ranks of citizens and which matters may be decided also by a court’s employee authorized by a judge. a legal recourse against a decision made by the court’s employee authorized by the judge is admissible, which is always decided by a judge. verdicts are proclaimed in the name of the slovak republic. they are always proclaimed publicly. article 143 the system of courts consists of the supreme court of the slovak republic and other courts. the detailed arrangement of the court system, the courts' powers and organization, and the manner of court proceedings shall be laid down by law. the bodies of the judicial self-administration also participate in the management and administration of courts in the extent laid down by law. article 144 judges are independent in execution of their function and bound solely by the constitution, constitutional laws, international treaties stipulated in article 7, paragraphs 2 and 5 and laws. if the court is of the opinion that another generally binding legal regulation, its part or a particular provision related to the subject-matter of the proceeding contravenes the constitution, constitutional laws, international treaties stipulated in article 7, paragraphs 2 and 5 or laws, it will interrupt its deliberations and submit a motion that a proceeding under article 125, paragraph 1 is initiated. the finding of the constitutional court of the slovak republic is binding for all courts. article 145 judges are appointed and recalled by the president of the slovak republic at the proposal of the judicial council of the slovak republic for an unlimited period of time. a citizen of the slovak republic who is eligible for election to the national council of the slovak republic, has attained the age of 30 years, has a university education in law and fulfils the criteria for judicial capacity which provide a guarantee that s/he will properly perform the office of judge may be appointed a judge. a law shall lay down other conditions for appointment a judge and his or her promotion and also on the scope of immunity of judges. the chief justice and deputy chief justice of the supreme court of the slovak republic are appointed by the president of the slovak republic from the ranks of judges of the supreme court of the slovak republic for a period of five years upon a proposal of the judicial council of the slovak republic. the same person may be appointed the chief justice of the supreme court of the slovak republic and the deputy chief justice of the supreme court of the slovak republic for a maximum of two consecutive terms. the president of the slovak republic may recall the chief justice of the supreme court of the slovak republic, or the deputy chief justice of the supreme court of the slovak republic for reasons stipulated in article 147. a judge is sworn in by the president of the slovak republic as follows: “i promise on my honor and conscience that i will abide by the constitution, constitutional laws and international treaties that the slovak republic ratified and were promulgated as required by law, and laws, i will interpret laws and decide independently and impartially, according to my best conscience.”. a judge shall take up the office upon taking the oath. article 145a if the appointed judge is a member of a political party or a political movement, he is obliged to give up the membership in them before taking the oath. a judge shall perform the post as a profession. the discharge of a function of a judge is incompatible with a post in any other public authority body including the chair of the judicial council of the slovak republic, with a state service relationship, with an employment, or with a similar labour relation, with an entrepreneurial activity, with a membership in the governing or control body of a legal person, which performs an entrepreneurial activity, or with other economic or gainful activity, other than the administration of his or her own property, scientific, pedagogical, literary or artistic activity, and with membership in the judiciary council of the slovak republic. article 146 a judge may surrender his post by a written notice to the president of the slovak republic. his post terminates at the end of the calendar month when the written notice on surrendering the post was delivered. article 147 the president of the slovak republic will recall a judge upon the motion of the judicial council of the slovak republic on the basis of a legally effective sentence passed for a deliberate criminal offense, or if he was sentenced by a legally effective sentence for a criminal act and the court did not rule in his case on a conditional suspended execution of the prison sentence, on the basis of a decision of disciplinary tribunal of judges for a deed that is incompatible with the execution of the post of a judge, or if his eligibility to be elected in the national council of the slovak republic ceased. the president of the slovak republic, on the proposal of the judicial council of the slovak republic, recalls a judge, who does not fulfil the criteria for judicial capacity which provide a guarantee that s/he will properly perform the office of according to the final resolution of the judicial council of the slovak republic based on article 154d.1, or the final decision of the constitutional court by which a complaint based on article 154.2 has been rejected. the president of the slovak republic may recall a judge upon the motion of the judicial council, if his state of health does not allow him over the long term, for a period of at least one year, to properly discharge his duties as judge, if he has reached the age of 65. article 148 a judge may be transferred to another court only with his consent or on the basis of a decision of a disciplinary senate. temporary suspension of the judge must not interfere into, with the independence of the judiciary. the reasons for suspension of discharge of a judicial office, and conditions for temporary suspension of the post of a judge or the temporary assignment of a judge shall be laid down by a law. the method of constituting accessory judges shall be laid down by law. a judge and a lay-judge may not be criminally prosecuted even after end of their office. a judge may submit a complaint against the decision on commencing the criminal prosecution against him/her and the prosecutor general decides on this complaint. chapter eight. the prosecutor's office of the slovak republic and the public protector of rights part one. the prosecutor's office of the slovak republic article 149 the prosecutor's office of the slovak republic protects rights and the legally protected interests of natural and legal persons and the state. article 150 the prosecutor's office is headed by the prosecutor general who is appointed and recalled by the president of the slovak republic at the proposal of the national council of the slovak republic. article 151 details on appointing and recalling prosecutors and on their rights and duties, as well as on the organization of the prosecutor's office, shall be laid down by law. part two. the public protector of rights article 151a the public protector of rights is an independent body of the slovak republic which, within the scope and as laid down by law, protects basic rights and freedoms of natural and legal persons in proceedings before public administration bodies and other bodies of public authority, if their conduct, decision-making, or inaction, is in conflict with the legal order. in cases laid down by law, the public protector of rights may participate in holding the persons working in the public administration bodies accountable, if those persons violated a basic human right or freedom of natural or legal persons. all bodies of public authority shall give the public protector of rights necessary assistance. the public protector of rights may file a motion with the constitutional court of the slovak republic to initiate a proceeding pursuant to article 125, if a generally binding regulation is violating a basic human right or freedom granted to a natural or legal person. the public protector of rights is elected by the national council of the slovak republic for a period of five years from candidates proposed by at least 15 members of parliament. any citizen of the slovak republic who can be elected to the national council of the slovak republic and reached 35 years of age on the election day may be elected the public protector of rights. the public protector of rights may not be a member of any political party or political movement. the office of the public protector of rights terminates on the day the court decision becomes effective by which a public protector of rights was sentenced for a deliberate criminal act, or by which a public protector of rights was sentenced for a criminal act and the court did not rule in his case on a conditional suspended execution of the prison sentence, or by the loss of eligibility. the national council of the slovak republic may recall the public protector of rights if his state of health prevents him over the long term, for a period of at least three months, to properly discharge his duties. details on the election and recall of the public defender of rights, on the scope of powers of the public defender of rights, on the conditions of discharging of the function, on the manner of legal protection, on the filing of motions to iniciate proceedings before the constitutional court pursuant to article 130.1.f and on asserting rights of natural persons and legal persons shall be laid down by a law. chapter nine. transitional and final provisions article 152 constitutional laws, laws, and other generally binding legal regulations remain in force in the slovak republic unless they conflict with this constitution. they can be amended and abolished by the relevant bodies of the slovak republic. laws and other generally binding legal regulations issued in the czech and slovak federative republic become invalid on the 90th day after the publication of the ruling on their invalidity by the constitutional court of the slovak republic in a manner established for the promulgation of laws. decisions on the invalidity of legal regulations are made by the constitutional court of the slovak republic at the proposal of persons listed in article 130. the interpretation and application of constitutional laws, laws, and other generally binding legal regulations must be in compliance with this constitution. article 153 rights and duties arising from international treaties by which the czech and slovak federative republic is bound are transferred to the slovak republic to an extent established by a czech and slovak federative republic constitutional law or by an agreement between the slovak republic and the czech republic. article 154 the slovak national council elected according to article 103 of constitutional law no. 143/1968 coll. on the czecho-slovak federation, as amended, will execute its powers as the national council of the slovak republic pursuant to this constitution. the electoral term of the national council of the slovak republic is counted from the day of elections to the slovak national council. the government of the slovak republic appointed according to article 122, paragraph 1, letter a) of constitutional law no. 143/1968 coll. on the czecho-slovak federation, as amended, is regarded as a government appointed according to this constitution. the chief justice of the supreme court of the slovak republic and the prosecutor general of the slovak republic, who have been appointed to their posts according to present legal regulations, retain their posts until appointments according to this constitution are made. judges of slovak republic courts appointed to their posts according to present legal regulations are regarded as appointed to their posts according to this constitution, without any time limit. article 154a the elections of the president of the slovak republic under this constitutional law is called by the speaker of the national council of the slovak republic within 30 days from the day a law issued pursuant to article 101, paragraph 10 becomes effective. article 154b a judge elected for four years before this constitutional law comes into effect is, after his term of office elapses and upon the proposal of the judicial council of the slovak republic, appointed by the president of the slovak republic a judge without any time limit even if on the day of appointment has not reached 30 years of age. judges elected pursuant to the present regulations without a time limit are considered to be judges appointed pursuant to this constitutional law. provisions of the article 134, paragraph 2, first sentence and paragraph 3, second sentence do not apply to judges of the constitutional court appointed before this constitutional law comes into effect. article 154c international treaties on human rights and fundamental freedoms that were ratified by the slovak republic and promulgated in a manner laid down by law before this constitutional law comes into effect are a part of its legal order and have primacy over the law, if that they provide greater scope of constitutional rights and freedoms. other international treaties which were ratified by the slovak republic and promulgated as required by law before this constitutional law comes into effect are a part of its legal order, if so laid down by law. article 154d the slovak national council elected under article 103 of the czecho-slovak federation constitutional act 143/1968 and its amendments shall operate under the new name of the national council of the slovak republic as provided by this constitution. its term begins on the election date of the slovak national council. the government of the slovak republic appointed under article 122, section (1) a) of the czecho-slovak federation constitutional act 143/1968 and its amendments shall be deemed to be the government appointed under this constitution. the president of the supreme court of the slovak republic and the attorney-general of the slovak republic appointed under the previous legislation shall remain in office until appointed under this constitution. judges elected under the previous statutory enactments shall be deemed to have been elected to office for indefinite term under this constitution. article 154e in the 2017 elections, the deputies to regional self-administration councils and chairmen of self-administration regions shall be elected for a five-year term by inhabitants having permanent residence in the respective self-administration region in universal, equal and direct suffrage by secret ballot. article 69.5 second sentence and 69.6 first sentence shall not apply to the 2017 elections of deputies to regional self-administration councils and chairmen of self-administration regions. article 154f article 86 subpar. i), article 88a, and article 129a also apply to article v and article vi decision of the prime minister of the slovak republic dated 3 march 1998 on amnesties promulgated under no. 55/1998 z. z., decision of the prime minister of the slovak republic dated 7 july 1998 on amnesties promulgated under no. 214/1998 z. z., and the decision of the president of the slovak republic dated 12 december 1998 in proceedings on granting pardon no. 3573/96-72-2417. annulling amnesties or pardons pursuant to paragraph 1 means that any decisions of state bodies, to the extent to which they have been issued and reasoned on the basis of the amnesties and pardons referred to in paragraph 1, shall also be annulled, and results in the dissolution of legal obstacles to criminal proceedings having basis in the amnesties and pardons referred to in paragraph 1; the duration of these legal obstacles is excluded from the limitations periods relating to crimes for which the amnesties and pardons pursuant to paragraph 1 have been granted. article 155 the following are repealed: constitutional law of the slovak national council no. 50/1990 coll. on the name, state emblem, national flag, state seal and national anthem of the slovak republic. constitutional law of the slovak national council no. 79/1990 coll. on the number of slovak national council deputies; on the text of the oath of slovak national council deputies, members of the slovak republic government, and national committee deputies; and on the slovak national council electoral period. constitutional law of the slovak national council no. 7/1992 coll. on the constitutional court of the slovak republic. article 156 constitution of the slovak republic no. 460/1992 coll. came into effect on october 1st, 1992, with the exception of article 3, paragraph 2; article 23, paragraph 4, as regards the deportation, or extradition of a citizen to another state; article 53; article 84, paragraph 3, as regards declaration of war on another state; article 86, letters k) and l); article 102, letter g), as regards the appointment of university professors and rectors and the appointment and promotion of generals, and letters j) and k); article 152, paragraph 1, second sentence, as regards constitutional laws, laws, and other generally binding legal regulations issued by csfr bodies, which came into force simultaneously with the appropriate changes in the constitutional arrangement of the csfr, in line with this constitution. preamble whereas the love of free institutions and of independence has always strongly characterised the inhabitants of barbados: and whereas the governor and the said inhabitants settled a parliament in the year 1639: and whereas as early as 18th february, 1651 those inhabitants, in their determination to safeguard the freedom, safety and well-being of the island, declared, through their governor, lords of the council and members of the assembly, their independence of the commonwealth of england: and whereas the rights and privileges of the said inhabitants were confirmed by articles of agreement, commonly known as the charter of barbados, had, made and concluded on 11th january, 1652 by and between the commissioners of the right honourable the lord willoughby of parham, governor, of the one part, and the commissioners on behalf of the commonwealth of england, of the other part, in order to the rendition to the commonwealth of england of the said island of barbados: and whereas with the broadening down of freedom the people of barbados have ever since then not only successfully resisted any attempt to impugn or diminish those rights and privileges so confirmed, but have consistently enlarged and extended them: now, therefore, the people of barbados proclaim that they are a sovereign nation founded upon principles that acknowledge the supremacy of god, the dignity of the human person, their unshakeable faith in fundamental human rights and freedoms and the position of the family in a society of free men and free institutions; affirm their belief that men and institutions remain free only when freedom is founded upon respect for moral and spiritual values and the rule of law; declare their intention to establish and maintain a society in which all persons may, to the full extent of their capacity, play a due part in the institutions of the national life; resolve that the operation of the economic system shall promote the general welfare by the equitable distribution of the material resources of the community, by the human conditions under which all men shall labour and by the undeviating recognition of ability, integrity and merit; desire that the following provisions shall have effect as the constitution of barbados— chapter i. the constitution this constitution is the supreme law of barbados and, subject to the provisions of this constitution, if any other law is inconsistent with this constitution, this constitution shall prevail and the other law shall, to the extent of the inconsistency, be void. chapter ii. citizenship 2 every person who, having been born in barbados, is on 29th november, 1966 a citizen of the united kingdom and colonies shall become a citizen of barbados on 30th november, 1966. every person who, having been born outside barbados, is on 29th november, 1966 a citizen of the united kingdom and colonies shall, if his father becomes or would but for his death have become a citizen of barbados in accordance with the provisions of subsection (1), become a citizen of barbados on 30th november, 1966. any person who on 29th november 1966 is a citizen of the united kingdom and colonies, having become such a citizen under the british nationality act 1948 by virtue of his having been naturalised in barbados as a british subject before that act came into force; or having become such a citizen by virtue of his having been naturalised or registered in barbados under that act, shall become a citizen of barbados on 30th november 1966. 3 any woman who on 29th november is or has been married to a person— who becomes a citizen of barbados by virtue of section 2; or who, having died before 30th november 1966, would but for his death have become a citizen of barbados by virtue of that section, shall be entitled, upon making application, and, if she is a british protected person or an alien, upon taking the oath of allegiance, to be registered as a citizen of barbados. any person who is a commonwealth citizen (otherwise than by virtue of being a citizen of barbados) and who— has been ordinarily resident in barbados continuously for a period of seven years or more at any time before 30th november 1966; and has not, since such period of residence in barbados and before that date, been ordinarily resident outside barbados continuously for a period of seven years or more, shall be entitled, upon making application, to be registered as a citizen of barbados. any woman who on 29th november 1966 is or has been married to a person who subsequently becomes a citizen of barbados by registration under subsection (2) shall be entitled, upon making application, and, if she is a british protected person or an alien, upon taking the oath of allegiance, to be registered as a citizen of barbados. any application for registration under this section shall be made in such manner as may be prescribed as respects that application: provided that such an application may not be made by a person who has not attained the age of eighteen years and is not a woman who is or has been married, but shall be made on behalf of that person by a parent or guardian of that person. the right to be registered as a citizen of barbados under this section shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy. 3a the following descriptions of person also have the right upon application to be registered as citizens of barbados, namely— a person who has been ordinarily resident in barbados throughout the period of ten years (or such longer period as may be prescribed) immediately preceding that person's application; a person who has been married to a citizen of barbados, and has cohabited with that citizen, for such period as may be prescribed immediately preceding that person's application. a person who has a right to be registered under paragraph (b) of subsection (1) by virtue of marriage to a spouse who is a citizen of barbados does not lose that right if the spouse dies before the expiry of the period provided for by or under that paragraph. the dissolution, or the annulment or other avoidance by a court or tribunal of competent jurisdiction, of the marriage of a person who has been registered as a citizen of barbados under subsection (1)(b) does not affect that person's citizenship of barbados. the right to be registered as a citizen of barbados under this section is subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy. a person who is under eighteen years of age and is not a woman who is or has been married may not make an application for registration under this section; that person's parent or guardian must make the application. an application for registration under this section shall be made in such manner as may be prescribed. before a certificate or other official mark of citizenship of barbados may be issued to a person pursuant to provision made under this section, that person must have taken the oath of allegiance before an officer of the immigration department in that officer's capacity as a justice of the peace. every person born in barbados after 29th november 1966 shall become a citizen of barbados at the date of his birth: provided that a person shall not become a citizen of barbados by virtue of this section if at the time of his birth— his father possesses such immunity from suit and legal process as is accorded to an envoy of a foreign sovereign state accredited to her majesty in right of her government in barbados and neither of his parents is a citizen of barbados; or his father is an enemy alien and the birth occurs in a place then under occupation by the enemy. a person born outside barbados after 29th november 1966 shall be deemed to be a citizen of barbados within section 4 at the date of his birth if he is born to a citizen of barbados who at the date of the birth is in the service of barbados in a diplomatic or consular capacity. 5 a person born outside barbados after 29th november 1966 shall become a citizen of barbados at the date of his birth if at that date his father is a citizen of barbados otherwise than by virtue of this section or section 2(2). subject to subsection (1) and without derogating from, or in any way affecting, that subsection, a person born outside barbados after 29th november 1966 shall become a citizen of barbados at the date of his birth if at the date of the birth at least one of his parents is a citizen of barbados who was born in barbados. 6 any woman who, after 29th november 1966, marries a person who is or becomes a citizen of barbados shall be entitled, upon making application in such manner as may be prescribed and, if she is a british protected person or an alien, upon taking the oath of allegiance, to be registered as a citizen of barbados. the right to be registered as a citizen of barbados under this section shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy. any citizen of barbados who has attained the age of eighteen years and who is also a citizen or national of any other country; or intends to become a citizen or national of any other country, shall be entitled to renounce his citizenship of barbados by a declaration made and registered in such manner as may be prescribed: provided that in the case of a person who is not a citizen or national of any other country at the date of registration of his declaration of renunciation, if he does not become such a citizen or national within six months from the date of registration he shall be, and shall be deemed to have remained, a citizen of barbados notwithstanding the making and registration of his declaration of renunciation; and the right of any person to renounce his citizenship of barbados during any period when barbados is engaged in any war shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy. 8 every person who under this constitution or any act of parliament is a citizen of barbados or under any enactment for the time being in force in any country to which this section applies is a citizen of that country shall, by virtue of that citizenship, have the status of a commonwealth citizen. every person who is a british subject without citizenship under the british nationality act 1948, continues to be a british subject under section 2 of that act or is a british subject under the british nationality act 1965 shall, by virtue of that status, have the status of a commonwealth citizen. this section applies to the countries specified or certified as commonwealth countries in or under an act of parliament relating to membership of the commonwealth. parliament may make provision for the acquisition of citizenship of barbados by persons who do not become citizens of barbados by virtue of the provisions of this chapter; or for depriving of his citizenship of barbados any person who is a citizen of barbados otherwise than by virtue of subsection (1) or (2) of section 2 or section 4 or section 5. 10 in this chapter "alien" means a person who is not a commonwealth citizen, a british protected person or a citizen of the republic of ireland; "british protected person" means a person who is a british protected person for the purposes of the british nationality act 1948; "prescribed" means prescribed by or under any act of parliament. any reference in this chapter to the father of a person shall, in relation to any person born out of wedlock other than a person legitimated before 30th november 1966, be construed as a reference to the mother of that person. for the purposes of this chapter, a person born abroad a registered ship or aircraft, or abroad an unregistered ship or aircraft of the government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country. any reference in this chapter to the national status of the father of a person at the time of that person’s birth, shall, in relation to a person born after the death of the father, be construed as a reference to the national status of the father at the time of the father’s death; and where that death occurred before 30th november 1966 and the birth occurred after 29th november 1966 the national status that the father would have had if he had died on 30th november 1966 shall be deemed to be his national status at the time of his death. chapter iii. protection of fundamental rights and freedoms of the individual whereas every person in barbados is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namelylife, liberty and security of the person; protection for the privacy of his home and other property and from deprivation of property without compensation; the protection of the law; and freedom of conscience, of expression and of assembly and association, the following provisions of this chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. 12 no person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence under the law of barbados of which he has been convicted. a person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiablefor the defence of any person from violence or for the defence of property ; in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; for the purpose of suppressing a riot, insurrection or mutiny; or in order lawfully to prevent the commission by that person of a criminal offence, or if he dies as the result of a lawful act of war. 13 no person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to sayin consequence of his unfitness to plead to a criminal charge or in execution of the sentence or order of a court, whether established for barbados or some other country, in respect of a criminal offence of which he has been convicted ; in execution of an order of the high court or the court of appeal or such other court as may be prescribed by parliament punishing him for contempt of any such court or of another court or tribunal; in execution of the order of a court made to secure the fulfilment of any obligation imposed on him by law; for the purpose of bringing him before a court in execution of the order of a court; upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law of barbados ; in the case of a person who has not attained the age of twenty-one years, under the order of a court or with the consent of his parent or guardian, for the purpose of his education or welfare ; for the purpose of preventing the spread of an infectious or contagious disease; in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community; for the purpose of preventing the unlawful entry of that person into barbados, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from barbados or for the purpose of restricting that person while he is being conveyed through barbados in the course of his extradition or removal as a convicted prisoner from one country to another; or to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within barbados or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person with a view to the making of any such order or relating to such an order after it has been made or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of barbados in which, in consequence of any such order, his presence would otherwise be unlawful. any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he understands, of the reasons for his arrest or detention and shall be permitted, at his own expense, to retain and instruct without delay a legal adviser of his own choice, being a person entitled to practise in barbados as an attorney-at-law, and to hold private communication with him; and in the case of a person who has not attained the age of sixteen years he shall also be afforded a reasonable opportunity for communication with his parent or guardian. any person who is arrested or detainedfor the purpose of bringing him before a court in execution of the order of a court; or upon reasonable suspicion of his having committed or being about to commit a criminal offence, and who is not released, shall be brought before a court as soon as is reasonably practicable; and if any person arrested or detained upon reasonable suspicion of his having committed or being about to commit a criminal offence is not tried within a reasonable time, then, without prejudice to any further proceedings which may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial. any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of the foregoing provisions of this section to the extent that the law in question authorises the taking during a period of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists during that period of public emergency. where a person is detained by virtue of such a law as is referred to in subsection (5), the following provisions shall applyhe shall, as soon as reasonably practicable and in any case not more than five days after the commencement of his detention, be furnished with a statement in writing, in a language that he understands, of the grounds upon which he is detained; not more than fourteen days after the commencement of his detention, a notification shall be published in the gazette stating that he has been detained and giving particulars of the provision of law under which his detention is authorised; he may from time to time request that his case be reviewed under paragraph (d) but, where he has made such a request, no subsequent request shall be made before the expiration of three months from the making of the previous request; where a request is made under paragraph (c), the case shall, within one month of the making of the request, be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the chief justice from among persons entitled to practise in barbados as attorneys-at-law; and he shall be afforded reasonable facilities to consult and instruct, at his own expense, a legal adviser of his own choice, being a person entitled to practise as aforesaid, and he and any such legal adviser shall be permitted to make written or oral representations or both to the tribunal appointed for the review of his case. on any review by a tribunal in pursuance of subsection (6) of the case of any detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by whom it was ordered, but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations. when any person is detained by virtue of such a law as is referred to in subsection (5), the prime minister or a minister authorised by him shall, not more than thirty days after the commencement of the detention and thereafter not more than thirty days after the making of the previous report, make a report to each house stating the number of persons detained as aforesaid and the number of cases in which the authority that ordered the detention has not acted in accordance with the recommendations of a tribunal appointed in pursuance of subsection (6): provided that in reckoning any period of thirty days for the purposes of this subsection no account shall be taken of any period during which parliament stands prorogued or dissolved. 14 no person shall be held in slavery or servitude. no person shall be required to perform forced labour. for the purposes of this section, the expression “forced labour” does not include— any labour required in consequence of the sentence or order of a court; any labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained; any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service; or any labour required during any period when barbados is at war or in the event of any hurricane, earthquake, flood, fire or other like calamity that threatens the life or well-being of the community, to the extent that the requiring of such labour is reasonably justifiable, in the circumstances of any situation arising or existing during that period or as a result of that calamity, for the purpose of dealing with that situation. 15 no person shall be subjected to torture or to inhuman or degrading punishment or other treatment. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorises the infliction of any punishment or the administration of any treatment that was lawful in barbados immediately before 30th november 1966. the following shall not be held to be inconsistent with or in contravention of this section: the imposition of a mandatory sentence of death or the execution of such a sentence; any delay in executing a sentence of death imposed on a person in respect of a criminal offence under the law of barbados of which he has been convicted; the holding of any person who is in prison, or otherwise lawfully detained, pending execution of a sentence of death imposed on that person, in conditions, or under arrangements, which immediately before 5th september, 2002were prescribed by or under the prisons act, as then in force; or were otherwise practised in barbados, in relation to persons so in prison or so detained. 16 no property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except by or under the authority of a written law, and where provision applying to that acquisition or taking of possession is made by a written law— prescribing the principles on which and the manner in which compensation therefor is to be determined and given; and giving to any person claiming such compensation a right of access, either directly or by way of appeal, for the determination of his interest in or right over the property and the amount of compensation, to the high court. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this sectionto the extent that the law in question makes provision for the taking of possession or acquisition of any propertyin satisfaction of any tax, duty, rate, cess or other impost; by way of penalty for breach of the law or forfeiture in consequence of a breach of the law; as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge, contract, grant, permission or licence; in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations; in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or injurious to the health of human beings, animals or plants; in consequence of any law with respect to the limitation of actions; or for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, for the purposes of the carrying out thereon of work of soil conservation or the conservation of other natural resources or work relating to agricultural development or improvement; or to the extent that the law in question makes provision for the taking of possession or acquisition ofenemy property; property of a deceased person, a person of unsound mind or a person who has not attained the age of twenty-one years, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein ; property of a person adjudged insolvent or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the insolvent person or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; or property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision for the orderly marketing or production or growth or extraction of any agricultural product or mineral or any article or thing prepared for market or manufactured therefor or for the reasonable restriction of the use of any property in the interest of safeguarding the interests of others or the protection of tenants, licensees or others having rights in or over such property. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision for the compulsory taking possession in the public interest of any property, or the compulsory acquisition in the public interest of any interest in or right over property, where that property, interest or right is held by a body corporate established directly by law for public purposes in which no monies have been invested other than monies provided by parliament or by any legislature established for the former colony of barbados. 17 except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision that is reasonably requiredin the interests of defence, public safety, public order, public morality, public health, town or country planning, the development or utilisation of mineral resources, or the development or utilisation of any other property in such manner as to promote the public benefit; for the purpose of protecting the rights or freedoms of other persons ; for the purpose of authorising an officer or agent of the government, or of a local government authority or of a body corporate established directly by law for public purposes to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, duty, rate, cess or other impost or in order to carry out work connected with any property that is lawfully on those premises and that belongs to the government or that authority or body corporate, as the case may be; for the purpose of authorising the entry upon any premises in pursuance of an order of a court for the purpose of enforcing the judgment or order of a court in any proceedings; or for the purpose of authorising the entry upon any premises for the purpose of preventing or detecting criminal offences. 18 if any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law. every person who is charged with a criminal offenceshall be presumed to be innocent until he is proved or has pleaded guilty; shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence charged; shall be given adequate time and facilities for the preparation of his defence; shall be permitted to defend himself before the court in person or by a legal representative of his own choice; shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge, and, except with his consent, the trial shall not take place in his absence unless he so conducts himself as to render the proceedings in his presence impracticable and the court has ordered the trial to proceed in his absence. when a person is tried for any criminal offence, the accused person or any person authorised by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court. no person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence that is more severe in degree or nature than the most severe penalty that might have been imposed for that offence at the time when it was committed. no person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal proceedings relating to the conviction or acquittal. no person shall be tried for a criminal offence if he shows that he has been granted a pardon for that offence. no person who is tried for a criminal offence shall be compelled to give evidence at the trial. any court or other tribunal prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such court or other tribunal, the case shall be given a fair hearing within a reasonable time. except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other tribunal, including the announcement of the decision of the court or other tribunal, shall be held in public. nothing in subsection (9) shall prevent the court or other tribunal from excluding from the proceedings persons other than the parties thereto and their legal representatives to such extent as the court or other tribunalmay by law be empowered so to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory proceedings or in the interests of decency, public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings; or may by law be empowered or required so to do in the interests of defence, public safety or public order. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention ofsubsection (2)(a) to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts ; subsection (2) (e) to the extent that the law in question imposes conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or subsection (5) to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him shall, in sentencing him to any punishment, take into account any punishment awarded him under that disciplinary law. nothing contained in subsection (2) (d) shall be construed as entitling a person to legal representation at public expense. 19 except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience and for the purpose of this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance. every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education which it wholly maintains. no religious community shall be prevented from providing religious instruction for persons of that community in the course of any education provided by that community whether or not that community is in receipt of any government subsidy, grant or other form of financial assistance designed to meet, in whole or in part, the cost of such course of education. except with his own consent (or, if he is a person who has not attained the age of twenty-one years, the consent of his guardian), no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion which is not his own. no person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provisionwhich is reasonably requiredin the interests of defence, public safety, public order, public morality or public health; or for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion without the unsolicited intervention of members of any other religion; or with respect to standards or qualifications to be required in relation to places of education including any instruction (not being religious instruction) given at such places. references in this section to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly. 20 except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of this section the said freedom includes the freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference and freedom from interference with his correspondence or other means of communication. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provisionthat is reasonably required in the interests of defence, public safety, public order, public morality or public health; or that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts or regulating the administration or technical operation of telephony, telegraphy, posts, wireless broadcasting, television or other means of communication or regulating public exhibitions or public entertainments; or that imposes restrictions upon public officers or members of a disciplined force. 21 except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to political parties or to form or belong to trade unions or other associations for the protection of his interests. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provisionthat is reasonably required in the interests of defence, public safety, public order, public morality or public health; or that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or that imposes restrictions upon public officers or members of a disciplined force. 22 no person shall be deprived of his freedom of movement, that is to say, the right to move freely throughout barbados, the right to reside in any part of barbados, the right to enter barbados, the right to leave barbados and immunity from expulsion from barbados. any restriction on a person’s freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this section. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provisionthe imposition of restrictions on the movement or residence within barbados of any person or on any person’s right to leave barbados that are reasonably required in the interests of defence, public safety or public order ; for the imposition of restrictions on the movement or residence within barbados or on the right to leave barbados of persons generally or any class of persons that are reasonably required in the interests of defence, public safety, public order, public morality or public health ; for the imposition of restrictions on the movement or residence within barbados of any person who is not a citizen thereof or the exclusion or expulsion from barbados of any such person; for the imposition of restrictions on the acquisition or use of land or other property in barbados; for the imposition of restrictions, by order of a court, on the movement or residence within barbados of any person or on any person’s right to leave barbados either in consequence of his having been found guilty of a criminal offence under the law of barbados or for the purpose of ensuring that he appears before a court at a later date for trial for such a criminal offence or for proceedings preliminary to trial or for proceedings relating to his extradition or lawful removal from barbados; for the imposition of restrictions upon the movement or residence within barbados or on the right to leave barbados of public officers or members of a disciplined force ; for the removal of persons from barbadosto be tried or punished in some other country for a criminal offence under the law of that country; to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offence under the law of barbados of which he has been convicted; to be detained in an institution in some other country for the purpose of giving effect to the order of a court made in pursuance of a law of barbados relating to the treatment of offenders under a specified age; or to be detained for care or treatment in a hospital or other institution in pursuance of a law of barbados relating to persons suffering from defect or disease of the mind; or for the imposition of restrictions on the right of any person to leave barbados that are reasonably required in order to secure the fulfilment of any obligations imposed on that person by law. where a person’s freedom of movement is restricted by virtue of such a provision as is referred to in subsection (3) (a), the following provisions shall applyhe shall, as soon as reasonably practicable and in any case not more than five days after the commencement of the restriction, be furnished with a statement in writing, in a language that he understands, of the grounds upon which the restriction has been imposed; not more than fourteen days after the commencement of the restriction, a notification shall be published in the gazette stating that his freedom of movement has been restricted and giving particulars of the provision of law under which the restriction is authorised; he may from time to time request that his case be reviewed under paragraph (d) but, where he has made such a request, no subsequent request shall be made before the expiration of three months from the making of the previous request; where a request is made under paragraph (c), the case shall, within one month of the making of the request, be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the chief justice from among persons entitled to practise in barbados at attorneys-at-law; and he shall be afforded reasonable facilities to consult and instruct, at his own expense, a legal adviser of his own choice, being a person entitled to practise as aforesaid, and he and any such legal adviser shall be permitted to make written or oral representations or both to the tribunal appointed for the review of his case. on any review by a tribunal in pursuance of subsection (4) of the case of any person whose freedom of movement has been restricted, the tribunal may make recommendations concerning the necessity or expediency of continuing that restriction to the authority by whom it was ordered, but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations. 23 subject to the provisions of this section— no law shall make any provision that is discriminatory either of itself or in its effect; and no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority. in this section the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour or creed, whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not afforded to persons of another such description. subsection (1)(a) shall not apply to any law so far as that law makes provision— with respect to persons who are not citizens of barbados; with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law; whereby persons of any such description as is mentioned in subsection (2) may be subjected to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable; for the transfer between barbados and other countries, in accordance with international arrangements entered into by barbados, of persons detained in prisons, hospitals or other institutions by virtue of orders made in the course of the exercise by courts or tribunals of their criminal jurisdiction; for authorising the taking during a period of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists during that period of public emergency; or for the imposition of taxation or appropriation of revenue by the government or by any local government authority for local purposes. nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1)(a) to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to race, place of origin, political opinion, colour or creed) to be required of any person who is appointed to any office in the public service, any office in a disciplined force, or any office in the service of a local government authority or of a body corporate established by any law for public purposes. subsection (1)(b) shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (3) or (4). nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (2) may be subjected to any restriction on the rights and freedoms guaranteed by sections 17, 19, 20, 21 and 22, being such a restriction as is authorised by subsection (2) of section 17, subsection (6) of section 19, subsection (2) of section 20, subsection (2) of section 21 or subsection (3) of section 22, as the case may be. subsection (1)(b) shall not affect any discretion relation to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by this constitution or any other law. 24 subject to the provisions of subsection (6), if any person alleges that any of the provisions of sections 12 to 23 has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the high court for redress. the high court shall have original jurisdiction– to hear and determine any application made by any person in pursuance of subsection (1); and to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3), and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of sections 12 to 23: provided that the high court shall not exercise its powers under this subsection if it is satisfied that adequate means of redress are or have been available to the person concerned under any other law. if in any proceedings in any court subordinate to the high court any question arises as to the contravention of any of the provisions of sections 12 to 23, the person presiding in that court shall refer the question to the high court unless, in his opinion, the raising of the question is merely frivolous or vexatious. where any question is referred to the high court in pursuance of subsection (3), the high court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal under this constitution to the court of appeal or to the caribbean court of justice, in accordance with the decision of the court of appeal or, as the case may be, of the caribbean court of justice. parliament may confer upon the high court such powers in addition to those conferred by this section as may appear to parliament to be necessary or desirable for the purpose of enabling the high court more effectively to exercise the jurisdiction conferred upon it by this section. parliament may make provision with respect to the practice and procedure– of the high court in relation to the jurisdiction and powers conferred upon it by or under this section; of the high court and the court of appeal in relation to appeals to the court of appeal from decisions of the high court in the exercise of such jurisdiction; of the court of appeal and the caribbean court of justice in relation to appeals to the caribbean court of justice from decisions of the court of appeal in the exercise of such jurisdiction; and of subordinate courts in relation to references to the high court under subsection (3); including provision with respect to the time within which any application, reference or appeal shall or may be made or brought; and, subject to any provision so made, provision may be made with respect to the matters aforesaid by rules of court. in this section, “the court of appeal” has the same meaning as it has in section 87. 25 in this chapter, “period of public emergency” means any period during which– barbados is engaged in any war; or there is in force a proclamation by the governor-general declaring that a state of public emergency exists; or there is in force a resolution of each house supported by the votes of not less than two-thirds of all the members of that house declaring that democratic institutions in barbados are threatened by subversion. a proclamation made by the governor-general shall not be effective for the purposes of subsection (1) unless it is declared therein that the governor-general is satisfied– that a public emergency has arisen as a result of the imminence of a state of war between barbados and another state or as a result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence, outbreak of infectious disease or other calamity, whether similar to the foregoing or not; or that action has been taken or is immediately threatened by any person of such a nature and on so extensive a scale as to be likely to endanger the public safety or to deprive the community, or any substantial portion of the community, of supplies or services essential to life. a proclamation made by the governor-general for the purposes of this section shall, unless previously revoked, remain in force for one month or for such longer period, not exceeding six months, as the house of assembly may determine by a resolution supported by the votes of a majority of all the members of that house: provided that any such proclamation may be extended from time to time for a further period not exceeding six months by resolution passed in like manner, and may be revoked at any time by resolution supported by the votes of a majority of all the members of the house of assembly. a resolution passed by a house for the purposes of subsection (1)(c) may be revoked at any time by a resolution of that house supported by the votes of a majority of all the members thereof. 26 nothing contained in or done under the authority of any written law shall be held to be inconsistent with or in contravention of any provision of sections 12 to 23 to the extent that the law in question– is a law (in this section referred to as “an existing law”) that was enacted or made before 30th november 1966 and has continued to be part of the law of barbados at all times since that day; repeals and re-enacts an existing law without alteration; or alters an existing law and does not thereby render that law inconsistent with any provision of sections 12 to 23 in a manner in which, or to an extent to which, it was not previously so inconsistent. in subsection (1)(c), the reference to altering an existing law includes references to repealing it and re-enacting it with modifications or making different provisions in lieu thereof, and to modifying it, and in subsection (1) “written law” includes any instrument having the force of law; and in this subsection and subsection (1) references to the repeal and re-enactment of an existing law shall be construed accordingly. 27 in this chapter– "contravention", in relation to any requirement, includes a failure to comply with that requirement; "court" means any court of law having jurisdiction in barbados, other than a court established by a disciplinary law, and includes the caribbean court of justice and– in section 12, section 13, section 14, subsections (2), (3), (5), (8), (9) and (10) of section 18, section 22 and subsection (7) of section 23 includes, in relation to an offence against a disciplinary law, a court established by such a law; and in section 13, section 14 and subsection (7) of section 23 includes, in relation to an offence against a disciplinary law, any person or authority empowered to exercise jurisdiction in respect of that offence; "disciplinary law" means a law regulating the discipline of any disciplined force; "disciplined force" means– a naval, military or air force; a police force; a prison service; or a fire service; "legal representative", in relation to any court or other tribunal, means a person entitled to practise as an attorney-at-law before such court or tribunal; and "member", in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline. references in sections 12, 13, 17 and 22 to a criminal offence shall be construed as including references to an offence against a disciplinary law, and such references in subsections (2) to (7) and (ll)(a) of section 18 shall, in relation to proceedings before a court established by a disciplinary law, be similarly construed. in relation to any person who is a member of a disciplined force raised under the law of any country other than barbados and lawfully present in barbados, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any provision of sections 12 to 23. chapter iv. the governor-general there shall be a governor-general of barbados who shall be appointed by her majesty and shall hold office during her majesty’s pleasure and who shall be her majesty’s representative in barbados. 29 whenever the office of governor-general is vacant or the holder of the office is absent from barbados or is for any other reason unable to perform the functions of his office, those functions shall be performedby any person for the time being designated by her majesty in that behalf who is in barbados and able to perform those functions; or at any time when there is no person in barbados so designated and able to perform those functions, by the holder of the office of chief justice; or at any time referred to in paragraph (b) when the office of chief justice is vacant or the holder thereof is absent from barbados or is for any other reason unable to perform those functions, by the president of the senate. the holder of the office of governor-general or any person designated under paragraph (a) or by paragraph (b) of subsection (1) shall not, for the purposes of this section, be regarded as absent from barbados or as unable to perform the functions of the office of governor-general at any time when there is a subsisting appointment of a deputy under section 30. 30 whenever the governor-generalhas occasion to be absent from barbados for a period which he has reason to believe will be of short duration; or is suffering from an illness that he has reason to believe will be of short duration, he may, acting in accordance with the advice of the prime minister, by instrument under the public seal, appoint any person in barbados to be his deputy during such absence or illness and in that capacity to perform on his behalf such of the functions of the office of governor-general as may be specified in that instrument. the power and authority of the governor-general shall not be abridged, altered or in any way affected by the appointment of a deputy under this section, and in the exercise of any function that is exercisable by the governor-general acting in his discretion or after consultation with any person or authority a deputy shall conform to and observe any instructions that the governor-general, acting in like manner, may address to him : provided that the question whether or not a deputy has conformed to or observed any such instructions shall not be enquired into in any court. a person appointed as a deputy under this section shall hold that appointment for such period as may be specified in the instrument by which he is appointed, and his appointment may be revoked at any time by the governor-general acting in accordance with the advice of the prime minister. 31 parliament may prescribe the offices that are to constitute the personal staff of the governor-general, the salaries and allowances that are to be paid to the members of the staff and the other sums that are to be paid in respect of the expenditure attaching to the office of governor-general. any salaries or other sums prescribed under subsection (1) are hereby charged on and shall be paid out of the consolidated fund. subject to the provisions of subsection (4), power to make appointments to the offices for the time being prescribed under subsection (1) as offices that are to constitute the personal staff of the governor-general, and to remove and to exercise disciplinary control over persons holding or acting in any such office, is hereby vested in the governor-general acting in his discretion. the governor-general, acting in his discretion, may appoint to any of the offices prescribed under subsection (1) such public officers as he may select from a list submitted by the public service commission, butthe provisions of subsection (3) shall to an officer so appointed as respects personal staff of the governor-general his service as a public officer; apply in relation his service on the but not as respects an officer so appointed shall not, during his continuance on the personal staff of the governor-general, perform the functions of any public office; and an officer so appointed may at any time be appointed by the governor-general, if the public service commission so recommend, to assume or resume the functions of a public office and he shall thereupon vacate his office on the personal staff of the governor-general, but the governor-general may, in his discretion, decline to release the officer for that appointment. all offices prescribed under subsection (1) as offices that are to constitute the personal staff of the governor-general shall, for the purposes of chapter viii, be deemed to be public offices. 32 the governor-general shall act in accordance with the advice of the cabinet or a minister acting under the general authority of the cabinet in the exercise of his functions other thanany function which is expressed (in whatever terms) to be exercisable by him on or in accordance with the recommendations or advice of, or with the concurrence of, or after consultation with, any person or authority other than the cabinet; and any function which is expressed (in whatever terms) to be exercisable by him in his discretion. subsection (1) shall not apply to the functions conferred upon the governor-general by the following provisions of this constitution, that is to saysection 66(2) (which requires the governor-general to revoke the appointment of the prime minister in certain circumstances) ; the proviso to section 61(2) (which requires the governor-general to dissolve parliament in certain circumstances) ; and section 84(4) (which requires the governor-general to remove a judge from office in certain circumstances). where the governor-general is directed to exercise any function on the recommendation of any person or authority, he shall exercise that function in accordance with such recommendation : provided thatbefore he acts in accordance therewith, he may, in his discretion, once refer that recommendation back for reconsideration by the person or authority concerned; and if that person or authority, having reconsidered the original recommendation under paragraph (a), substitutes therefor a different recommendation, the provisions of this subsection shall apply to that different recommendation as they apply to the original recommendation. where the governor-general is directed to exercise any function after consultation with any person or authority he shall not be obliged to exercise that function in accordance with the advice of that person or authority. where the governor-general is directed to exercise any function in accordance with the recommendation or advice of, or with the concurrence of, or after consultation with, any person or authority, the question whether he has so exercised that function shall not be enquired into in any court. where the governor-general is directed to exercise any function on the recommendations of the prime minister after consultation with the leader of the opposition, the following steps shall be takenthe prime minister shall first consult the leader of the opposition and thereafter tender his recommendation to the governor-general; the governor-general shall then inform the leader of the opposition of that recommendation and if the leader of the opposition concurs therein the governor-general shall act in accordance with the recommendation ; if the leader of the opposition does not concur in the recommendation the governor-general shall so inform the prime minister and refer the recommendation back to him; the prime minister shall then advise the governor-general and the governor-general shall act in accordance with that advice. any reference in this constitution to the functions of the governor-general shall be construed as a reference to his powers and duties in the exercise of the executive authority of barbados and to any other powers and duties conferred or imposed on him as governor-general by or under this constitution or any other law. the governor-general shall keep and use the public seal for sealing all things that shall pass the public seal. a person appointed to the office of governor-general or assuming the functions of that office under section 29 shall, before entering upon the duties of that office, take and subscribe the oath of allegiance and an oath for the due execution of the office of governor-general in the form set out in the first schedule, such oaths being administered by the chief justice or such other judge as may be designated by the chief justice. chapter v. parliament part 1. composition of parliament there shall be a parliament of barbados which shall consist of her majesty, a senate and a house of assembly. 36 the senate shall consist of twenty-one persons who, being qualified for appointment as senators in accordance with the provisions of this constitution, have been so appointed in accordance with the provisions of this section. twelve senators shall be appointed by the governor-general, acting in accordance with the advice of the prime minister, by instrument under the public seal. two senators shall be appointed by the governor-general, acting in accordance with the advice of the leader of the opposition, by instrument under the public seal. seven senators shall be appointed by the governor-general, acting in his discretion, by instrument under the public seal, to represent religious, economic or social interests or such other interests as the governor-general considers ought to be represented: provided that before appointing any person under this subsection the governor-general shall consult such persons as, in his discretion, he considers can speak for those interests and ought to be consulted. subject to the provisions of section 38, any person who at the date of his appointmentis a citizen of barbados of the age of twenty-one years or upwards; and has been ordinarily resident in barbados for the immediately preceding twelve months, shall be qualified to be appointed as a senator. 38 no person shall be qualified to be appointed as a senator whois a member of the house of assembly; is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power or state; holds or is acting in the office of a judge, the director of public prosecutions or the auditor-general; has, within the period of ten years immediately preceding the proposed date of his appointment as a senator been convicted by a court of competent jurisdiction of any criminal offence involving dishonesty, and who has not appealed against that conviction, or has appealed against that conviction and whose appeal has not been allowed, and has not received a free pardon in respect of the offence; is under sentence of death imposed by a court in any part of the commonwealth or is serving a sentence of imprisonment (by whatever name called) exceeding six months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended; is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in barbados; has been adjudged or otherwise declared bankrupt under any law in force in barbados and has not been discharged; or is disqualified for membership of the house of assembly by or under any law in force in barbados by reason of his having been convicted or reported guilty of any corrupt or illegal practice at elections. without prejudice to the provisions of subsection (1) (c), parliament may provide that, subject to such exceptions and limitations as parliament may prescribe, a person shall not be qualified to be appointed as a senator if he holds or is acting in any office or appointment prescribed by parliament either individually or by reference to a class of office or appointment; he belongs to any armed force of barbados or to any class of person that is comprised in any such force; or he belongs to any police force of barbados or to any class of person that is comprised in any such force. for the purposes of subsection (1) (e) two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds six months, but if any one of those sentences exceeds that term they shall be regarded as one sentence; and no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine. 39 the seat of a senator shall become vacant upon the next dissolution of parliament after he has been appointed; if, with his consent , he is nominated as a candidate for election to the house of assembly; if he is absent from barbados for a period exceeding forty days at any time when the senate is sitting, without the leave of the president given in accordance with the provisions of subsection (2); if he ceases to be a citizen of barbados; subject to the provisions of subsection (3), if any circumstances arise that, if he were not a senator, would cause him to be disqualified for appointment as such by virtue of paragraphs (b) to (h) of section 38 (1) or of any law enacted in pursuance of section 38 (2); in the case of a senator who was appointed as such in accordance with the advice of the prime minister or in accordance with the advice of the leader of the opposition, if the governor-general, acting in accordance with the advice of the prime minister or in accordance with the advice of the leader of the opposition, as the case may be, by instrument under the public seal, declares the seat of that senator to be vacant. the president of the senate may grant leave to any senator to be absent from barbados for any period not exceeding six months at any one time. 3 if the circumstances such as are referred to in subsection (1) (e) arise because a senator is convicted of any offence involving dishonesty, under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of a corrupt or illegal practice at elections and if it is open to the senator to appeal against the decision (either with the leave of a court or other authority or without such leave), he shall forthwith cease to perform his functions as a senator, but, subject to paragraph (b), he shall not vacate his seat until the expiration of a period of thirty days thereafter: provided that the president of the senate may, at the request of the said senator from time to time extend that period for further periods of thirty days to enable the senator to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the senate. if, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the senator, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the senator to appeal, he shall forthwith vacate his seat. if at any time before the senator vacates his seat such circumstances as aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (a) and he may resume the performance of his functions as a senator. 40 when the senate first meets after any dissolution of parliament and before it proceeds to the despatch of any other business, it shall elect a senator, not being a minister or parliamentary secretary, to be president of the senate; and whenever the office of president becomes vacant for any reason other than a dissolution of parliament the senate shall, not later than its second sitting after the vacancy has arisen, elect another senator to fill that office. when the senate first meets after any dissolution of parliament, it shall, as soon as practicable, elect a senator, not being a minister or parliamentary secretary, to be deputy president of the senate; and whenever the office of deputy president becomes vacant for any reason other than a dissolution of parliament, the senate shall, as soon as convenient, elect another senator to fill that office. a person shall vacate the office of president or deputy president of the senate if he announces his resignation of his office to the senate or if, by writing under his hand addressed, in the case of the president, to the clerk of the senate or, in the case of the deputy president, to the president (or, if the office of president is vacant or the president is absent from barbados, to the clerk), he resigns that office; if he ceases to be a senator: provided that the president shall not vacate his office by reason only that he has ceased to be a senator on a dissolution of parliament, until the senate first meets after such dissolution; if he is appointed to be a minister or parliamentary secretary; if, by virtue of the provisions of section 39 (3), he is required to cease to perform his functions as a senator; or in the case of the deputy president, if he is elected to be president. 41 the house of assembly shall consist of twenty-four members or such greater number of members as parliament may prescribe. the members of the house (who shall be known as “members of parliament”) shall be persons who, being qualified for election as such in accordance with the provisions of this constitution, have been so elected in the manner provided by this constitution. 41a there shall be an electoral and commission for barbados (in this part boundaries referred to as the “commission”). the commission shall consist of a chairman, a deputy chairman and three other members. the chairman and two other members of the commission shall be appointed by the governor-general, acting on the recommendation of the prime minister after consultation with the leader of the opposition, by instrument under the public seal, and the deputy chairman and one other member shall be appointed by the governor-general, acting on the recommendation of the leader of the opposition after consultation with the prime minister, by instrument under the public seal. a person shall not be qualified to hold office as a member of the commission if he is a minister, a parliamentary secretary, a member of, or a candidate for election to the house of assembly, a senator or a public officer. subject to the provisions of this section, the office of a member of the commission becomes vacant at the expiration of five years from the date of his appointment or such shorter period as may be specified in the instrument by which he was appointed; but he is eligible for reappointment; where any circumstances arise, that, if he were not a member of the commission, would cause him to be disqualified for appointment as a member; or if he resigns his office by writing under his hand addressed to the governor-general, whenever a member other than the chairman is unable, by reason of his illness, or for any other reason, to perform the functions of his office, the governor-general may in accordance with the manner prescribed by subsection (3) appoint a person to act as a temporary member of the commission and authorise him to perform the functions of that office. if the chairman is unable, by reason of his illness, or for any other reason, to perform the functions of his office, the deputy chairman shall perform the functions of that office. the provisions of section 105 (which relate to removal from office) shall apply to the office of a member of the commission, and the prescribed authority for the purposes of subsection (4) of that section shall be the prime minister acting after consultation with the leader of the opposition. at any meeting of the commission, a quorum shall be constituted if three members are present; and, if a quorum is present, the commission shall not be disqualified for the transaction of business by reason of any vacancy among its members or the absence of any member, and any proceedings of the commission shall be valid notwithstanding that some person who was not entitled so to do took part therein. the commission may regulate its own procedure. any question proposed for decision at any meeting of the commission shall be determined by a majority of the votes of the members thereof present and voting, and if on any such question the votes are equally divided, the member presiding shall have and exercise a casting vote. 41b the commission shall be provided with a staff adequate for the efficient discharge of its functions. the salaries and allowances of the staff of the commission are hereby charged on and shall be paid out of the consolidated fund. notwithstanding the provisions of this section, the governor-general, acting in accordance with the advice of the commission, may, subject to the consent of the prime minister, confer powers and impose duties on any public officer or any authority of the government for the purpose of the discharge of any of the functions of the commission. 41c the registration of voters and the conduct of elections in every constituency or any matters that appear to the commission to be incidental to or consequential upon either, shall be subject to the direction and supervision of the commission. in the exercise of its functions under this section, the commission shall not be subject to the direction or control of any person or authority. 41d the commission shall, in accordance with this section, review the number and boundaries of the constituencies into which barbados is divided and submit to the minister for presentation to each house in accordance with this section reports either showing the constituencies into which it recommends that barbados should be divided in order to give effect to the rules set out in the third schedule; or stating that, in the opinion of the commission, no alteration is required to the existing number or boundaries of constituencies in order to give effect to the rules referred to in paragraph (a). reports under subsection (1) shall be submitted by the commission in the case of its first report, not less than one or more than five years from the date of appointment of members of the commission; in the case of any subsequent report, not less than two or more than five years from the date of the submission of its last report. not later than two months after the commission has submitted a report under subsection (1)(a), the minister shall lay before each house for its approval the draft of an order by the governor-general for giving effect to the recommendation contained in the report. where the motion for the approval of any draft made under this section is rejected by either house, or is withdrawn by leave of each house, the minister shall amend the draft and lay the amended draft before each house not later than two months after the day of its rejection or withdrawal, as the case may be. where any draft made under this section is approved by resolution of each house, the minister shall submit it to the governor-general who shall make the order in terms of the draft; and that order shall come into force on the next dissolution of parliament and, until revoked by a further order made by the governor-general in accordance with this section, shall have the force of law. nothing in subsection (5) shall be construed as preventing the publication of any electoral register or any other requirement connected with the registration of electors from being carried out in accordance with an order made before that dissolution by the governor-general pursuant to that subsection. the question of the validity of any order by the governor-general purporting to be made under this section and reciting that a draft thereof has been approved by resolution of each house shall not be inquired into in any court. 41e the question whether the commission has validly performed any function vested in it by or under this constitution; or any member of the commission or any other person or authority has validly performed any other function in relation to the work of the commission, shall not be inquired into in any court. nothing in this section shall be construed as preventing the election of a member of the house of assembly from being called in question on the ground that the conduct of that election was inconsistent with the law providing for the election of members of the house of assembly; or the conduct of any member of the commission or any other person or authority from being called into question on the ground that the conduct of the member or the other person or authority constitutes an offence under any law providing for election offences or for the election of members of the house of assembly. 42 the election of members to the house of assembly shall be conducted under the direction and supervision of the commission. any law providing for the election of members of the house of assembly shall in particular contain provisions for the division of barbados into constituencies in accordance with any report submitted under section 41d; contain provisions designed to ensure that as far as practicable any person qualified to vote at an election of members of the house of assembly, has a reasonable opportunity of voting; contain provisions relating to the conduct of elections of members of the house of assembly including provisions relating to the identification of electors designed to ensure that as far as practicable no person shall vote at an election of a member of the house of assembly who is not entitled to vote, when he is not entitled to vote, or where he is not entitled to vote; and contain provisions permitting or restricting political broadcasts and the allocation of broadcasting time to political parties. subject to the provisions of section 44, any person who is a citizen of barbados of the age of twenty-one years or upwards; and has such connection with barbados by residence therein as may be prescribed by parliament, shall be qualified to be elected as a member of the house of assembly. 44 no person shall be qualified to be elected as a member of the house of assembly who is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state; holds or is acting in the office of a judge, the director of public prosecutions or the auditor-general; repealed by 1981-24; is under sentence of death imposed by a court in any part of the commonwealth or is serving a sentence of imprisonment (by whatever name called) exceeding six months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended, is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in barbados; has been adjudged or otherwise declared bankrupt under any law in force in barbados and has not been discharged; is disqualified for membership of the house of assembly by or under any law in force in barbados by reason of his having been convicted or reported guilty of any corrupt or illegal practice at elections; is disqualified for such membership by or under any such law by reason of his having been convicted of making a false declaration of qualification for election; is disqualified for such membership by or under any such law on any ground not mentioned in the foregoing provisions of this subsection, being a ground for disqualification for membership of the house of assembly by or under any law, other than the representation of the people act 1957 in force in barbados immediately before 30th november 1966. without prejudice to the provisions of subsection (1) (b), parliament may provide that, subject to such exceptions and limitations as parliament may prescribe, a person shall not be qualified to be elected as a member of the house of assembly if he holds or is acting in any office or appointment prescribed by parliament either individually or by reference to a class of office or appointment; he belongs to any armed force of barbados or to any class of person that is comprised in any such force; or he belongs to any police force of barbados or to any class of person that is comprised in any such force. for the purposes of subsection (1) (d) two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds six months, but if any one of those sentences exceeds that term they shah be regarded as one sentence; and no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine. 45 the seat of a member of the house of assembly shall become vacant upon the next dissolution of parliament after he has been appointed; if he resigns it in such manner as may be provided by any law in force in barbados or, subject to any such law, by the standing orders of the house; if he is absent from the sittings of the house of assembly for such period and in such circumstances as may be provided by any law in force in barbados or, subject to any such law, by the standing orders of the house; if he ceases to be a citizen of barbados; if he contravenes the provisions of section 59 (relating to the taking of the oath of allegiance) or any provision requiring him to make a declaration of qualification for election before taking part in the proceedings of the house of assembly contained in any law in force in barbados; subject to the provisions of subsection (2) if any circumstances arise that, if he were not a member of the house, would cause him to be disqualified for election as such by virtue of section 44 (1) or any law enacted in pursuance of section 44 (2); if he is expelled from the house in accordance with any enactment relating to the house and the standing orders of the house. 2 if circumstances such as are referred to in subsection (1) (f) arise because a member is convicted of any criminal offence involving dishonesty, under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of a corrupt or illegal practice at elections or of making a false declaration of qualification and if it is open to the member to appeal against the decision (either with the leave of a court or other authority or without such leave), he shall forthwith cease to perform his functions as a member but, subject to paragraph (b), he shall not vacate his seat until the expiration of a period of thirty days thereafter: provided that the speaker may, at the request of the member, from time to time extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the house of assembly. if, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the member, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the member to appeal, he shall forthwith vacate his seat. if at any time before the member vacates his seat such circumstances as aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (a) and he may resume the performance of his functions as a member. 46 any question whether any person has been validly appointed as a senator; or any person has vacated his seat as a senator or is required under the provisions of paragraph (a) of section 39 (3) to cease to perform his functions as a senator, shall be determined by the high court, whose decision shall be final. any question whether any person has been validly elected as a member of the house of assembly; or any person has vacated his seat as such a member or is required under the provisions of paragraph (a) of section 45(2) to cease to perform his functions as such a member, shall be determined by such authority or authorities as may be prescribed by any law in force in barbados. 47 whenever any person vacates his seat as a senator for any reason other than a dissolution of parliament, the governor-general shall appoint a person to fill the vacancy under the same provisions of section 36 as the person whose seat has become vacant was appointed. whenever any person vacates his seat as a member of the house of assembly for any reason other than a dissolution of parliament, the governor-general shall issue a writ for the election of a member to fill the vacancy returnable within ninety days from the occurrence of the vacancy. part 2. powers and procedure of parliament 48 subject to the provisions of this constitution, parliament may make laws for the peace, order and good government of barbados. without prejudice to the generality of subsection (1) and subject to the provisions of subsection (3), parliament may by law determine the privileges, immunities and powers of the senate and the house of assembly and the members thereof. no process issued by any court in the exercise of its civil jurisdiction shall be served or executed within the precincts of the senate or the house of assembly. while it is sitting, or through the president or the speaker, the clerk or any other officer of either house. 49 subject to the provisions of this section, parliament may, by an act of parliament passed by both houses, alter this constitution. subject to the provisions of subsection (3), a bill for an act of parliament under this section that alters any of the following provisions, that is to say this section and section 1; chapter ii; chapter iii; sections 28, 32, 35 to 39, 41, 41a to 41e, 42, 48, 60(2), 61,62,63 and 76 to 79 (other than subsection (7) of section 79); chapter vii (other than section 83); chapter viii; chapter ix; any provision of chapter x in its application to any of the provisions specified in paragraphs (a) to (g), shall not be passed in either house unless at the final voting thereon in the house it is supported by the votes of not less than two-thirds of all the members of the house. subsection (2) shall not apply to a bill in so far as it alters any of the provisions specified in that subsection for the purpose of giving effect to arrangements for the federation or union of barbados with any other part of the commonwealth or for the establishment of some other form of constitutional association between barbados and any other part of the commonwealth. a bill for an act of parliament under this section to which subsection (2) does not apply shall not be passed in either house unless at the final voting thereon in the house it is supported by the votes of a majority of all the members of the house. in this section references to this constitution or to any particular provision thereof include references to any other law in so far as that law alters the constitution or, as the case may be, that provision; and references to altering this constitution or any particular provision thereof include referencesto repealing it, with or without re-enactment thereof or the making of different provision in lieu thereof; to modifying it (whether by omitting, amending or overriding any of its provisions or inserting additional provisions in it or otherwise) ; and to suspending its operation for any period or terminating any such suspension. no act of parliament shall be construed as altering this constitution unless it is stated in the act that it is an act for that purpose. nothing in subsection (2) shall be construed as including any of the provisions of the first schedule or the second schedule among the provisions specified in that subsection. 50 subject to the provisions of this constitution, each house may regulate its own procedure and for this purpose may make standing orders. each house may act notwithstanding any vacancy in its membership and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the house shall not invalidate those proceedings. 51 the president or, in his absence, the deputy president or, if they are both absent, a member of the senate (not being a minister or a parliamentary secretary) elected by the senate for the sitting shall preside at any sitting of the senate. references in this section to circumstances in which the president or deputy president is absent include references to circumstances in which the office of president or deputy president is vacant. 52 if at any time during a sitting of the senate objection is taken by a member that there is not a quorum present and, after such interval as may be prescribed by the standing orders of the senate, the person presiding ascertains that there is still not a quorum present, he shall thereupon adjourn the senate. for the purposes of this section a quorum of the senate shall consist of eight senators besides the person presiding. save as is otherwise provided in this constitution, all questions proposed for decision in the senate shall be determined by a majority of the votes of the members thereof present and voting: provided that the person presiding shall not vote unless on any question the votes are equally divided, in which case he shall have and exercise a casting vote. 54 subject to the provisions of this constitution and of the standing orders of the senate or the house of assembly, as the case may be, any member of either house may introduce any bill or propose any motion for debate in, or may present any petition to, that house, and the same shall be debated and disposed of according to the standing orders of that house. a bill other than a money bill may be introduced in either house, but a money bill shall not be introduced in the senate. except on the recommendation of the cabinet signified by a minister, the house of assembly shall notproceed upon any bill (including any amendment to a bill) which, in the opinion of the person presiding, makes provision for imposing or increasing any tax, for imposing any charge on the consolidated fund or any other public fund or altering any such charge otherwise than by reducing it or for compounding or remitting any debt due to barbados; or proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, is that provision shall be made for any of the purposes aforesaid. the senate shall notproceed upon any bill, other than a bill sent from the house of assembly, or any amendment to a bill which, in the opinion of the person presiding, makes provision for imposing or increasing any tax, for imposing any charge on the consolidated fund or any other public fund or altering any such charge otherwise than by reducing it or for compounding or remitting any debt due to barbados; or proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, is that provision shall be made for any of the purposes aforesaid. 55 subject to the provisions of this constitution, if a money bill, having been passed by the house of assembly and sent to the senate at least one month before the end of the session, is not passed by the senate without amendment within one month after it is sent to that house, the bill shall, unless the house of assembly otherwise resolves, be presented to the governor-general for his assent notwithstanding that the senate has not consented to the bill. there shall be endorsed on every money bill when it is sent to the senate the certificate of the speaker signed by him that it is a money bill; and there shall be endorsed on any money bill that is presented to the governor-general for assent in pursuance of subsection (1) the certificate of the speaker signed by him that it is a money bill and that the provisions of that subsection have been complied with. 56 if any bill other than a money bill is passed by the house of assembly in two successive sessions (whether or not parliament is dissolved between those sessions) and, having been sent to the senate in each of those sessions at least one month before the end of the session, is rejected by the senate in each of those sessions, that bill shall, on its rejection for the second time by the senate, unless the house of assembly otherwise resolves, be presented to the governor-general for assent notwithstanding that the senate has not consented to the bill: provided that the foregoing provisions of this subsection shall not have effect unless at least seven months have elapsed between the date on which the bill is passed by the house of assembly in the first session and the date on which it is passed by the house of assembly in the second session. for the purposes of this section a bill that it sent to the senate from the house of assembly in any session shall be deemed to be the same bill as a former bill sent to the senate in the preceding session if, when it is sent to the senate, it is identical with the former bill or contains only such alterations as are certified by the speaker to be necessary owing to the time that has elapsed since the date of the former bill or to represent any amendments which have been made by the senate in the former bill in the preceding session. the house of assembly may, if it thinks fit, on the passage through the house of a bill that is deemed to be the same bill as a former bill sent to the senate in the preceding session, suggest any amendments without inserting the amendments in the bill, and any such amendments shall be considered by the senate, and, if agreed to by the senate, shall be treated as amendments made by the senate and agreed to by the house of assembly; but the exercise of this power by the house of assembly shall not affect the operation of this section in the event of the rejection of the bill in the senate. there shall be inserted in any bill that is presented to the governor-general for assent in pursuance of this section any amendments that are certified by the speaker to have been made in the bill by the senate in the second session and agreed to by the assembly. there shall be endorsed on any bill that is presented to the governor-general for assent in pursuance of this section the certificate of the speaker signed by him that the provisions of this section have been complied with. the provisions of this section shall not apply to a bill which is required by section 49 to be passed by both houses. 57 in sections 54, 55 and 56 “money bill” means a public bill which, in the opinion of the speaker, contains only provisions dealing with all or any of the following matters, namely, the imposition, repeal, remission, alteration or regulation of taxation; the imposition, for the payment of debt or other financial purposes, of charges on the consolidated fund or any other public funds or on monies provided by parliament or the variation or repeal of any such charges; the grant of money to the crown or to any authority or person, or the variation or revocation of any such grant; the appropriation, receipt, custody, investment, issue or audit of accounts of public money; the raising or guarantee of any loan or the repayment thereof, or the establishment, alteration, administration or abolition of any sinking fund provided in connection with any such loan; or subordinate matters incidental to any of the matters aforesaid; and in this subsection the expressions “taxation”, “debt”, “public fund”, “public money” and “loan” do not include any taxation imposed, debt incurred, fund or money provided or loan raised by any local authority or body for local purposes. for the purposes of section 56, a bill shall be deemed to be rejected by the senate ifit is not passed by the senate without amendment; or it is passed by the senate with any amendment which is not agreed to by the house of assembly. whenever the office of speaker is vacant or the speaker is for any reason unable to perform any function conferred upon him by subsection (1) or by section 55 or 56, that function may be performed by the deputy speaker. any certificate of the speaker or deputy speaker given under section 55 or 56 shall be conclusive for all purposes and shall not be questioned in any court. 58 a bill shall not become law until the governor-general has assented thereto in her majesty’s name and on her majesty’s behalf and has signed it in token of such assent. subject to the provisions of sections 55 and 56, a bill shall be presented to the governor-general for assent if, and shall not be so presented unless, it has been passed by both houses either without amendment or with such amendments only as are agreed to by both houses. when a bill is presented to the governor-general for assent he shall signify that he assents or that he withholds assent. no member of either house shall take part in the proceedings thereof unless he has taken the oath of allegiance in such manner as is prescribed by any law in force in barbados. part 3. summoning, prorogation and dissolution 60 each session of parliament shall be held at such place and commence at such time as the governor-general may appoint. the time appointed for the commencement of any session of parliament shall be such that a period of six months does not intervene between the end of one session and the first sitting of parliament in the next session. 61 the governor-general, acting in accordance with the advice of the prime minister, may at any time by proclamation prorogue parliament. the governor-general, acting in accordance with the advice of the prime minister, may at any time by proclamation dissolve parliament : provided that if the office of prime minister is vacant and the governor-general considers that there is no prospect of his being able within a reasonable time to appoint to that office a person who can command the confidence of a majority of the members of the house of assembly, he shall dissolve parliament. subject to the provisions of subsection (4), parliament, unless sooner dissolved, shall continue for five years from the date of its first sitting after any dissolution and shall then stand dissolved. at any time when barbados is at war, parliament may extend the period of five years specified in subsection (3) for not more than twelve months at a time: provided that the life of parliament shall not be extended under this subsection for more than two years. if, between a dissolution of parliament and the next ensuing general election of members to the house of assembly, an emergency arises of such a nature that, in the opinion of the prime minister, it is necessary for the two houses or either of them to be summoned before that general election can be held, the governor-general, acting in accordance with the advice of the prime minister, may summon the two houses of the preceding parliament, and that parliament shall thereupon be deemed (except for the purposes of section 62) not to have been dissolved but shall be deemed (except as aforesaid) to be dissolved on the date on which the polls are held in the next ensuing general election. 62 after every dissolution of parliament the governor-general shall issue writs for a general election of members of the house of assembly returnable within ninety days from that dissolution. as soon as may be after every general election the governor-general shall proceed under section 36 to the appointment of senators. chapter vi. executive powers 63 the executive authority of barbados is vested in her majesty. subject to the provisions of this constitution, the executive authority of barbados may be exercised on behalf of her majesty by the governor-general either directly or through officers subordinate to him. nothing in this section shall prevent parliament from conferring functions on persons or authorities other than the governor-general. 64 there shall be a cabinet for barbados which shall consist of the prime minister and not less than five other ministers appointed in accordance with the provisions of section 65. the cabinet shall be the principal instrument of policy and shall be charged with the general direction and control of the government of barbados and shall be collectively responsible therefor to parliament. 65 whenever the governor-general has occasion to appoint a prime minister he shall, acting in his discretion, appoint the member of the house of assembly who, in his judgment, is best able to command the confidence of a majority of the members of that house. the other ministers shall be appointed by the governor-general, acting in accordance with the advice of the prime minister, from among the members of the two houses. subsections (1) and (2) shall have effect in relation to any period between a dissolution of parliament and the day on which the next election of members of the house of assembly is held as if parliament had not been dissolved. appointments under this section shall be made by instrument under the public seal. 66 the office of prime minister shall become vacantif he ceases to be a member of the house of assembly for any reason other than a dissolution of parliament; when, after an election of members of the house of assembly following any dissolution of parliament and before that house first meets thereafter, the prime minister is informed by the governor-general, acting in his discretion, that the governor-general is about to re-appoint him as prime minister or appoint another person as prime minister; or if the governor-general revokes his appointment in accordance with the provisions of subsection (2). if the house of assembly by a resolution which has received the affirmative vote of a majority of all the members thereof resolves that the appointment of the prime minister ought to be revoked and the prime minister does not within three days of the passing of the resolution either resign or advise the governor-general to dissolve parliament, the governor-general shall, by instrument under the public seal, revoke the appointment of the prime minister. the office of a minister, other than the office of prime minister, shall become vacantupon the appointment or re-appointment of any person to the office of prime minister; if his appointment to his office is revoked by the governor-general, acting in accordance with the advice of the prime minister, by instrument under the public seal; if, for any reason other than a dissolution of parliament, he ceases to be a member of the house of which he was a member at the date of his appointment as a minister; or if he is not a member of either house at the date of the first sitting of parliament after a dissolution of parliament. 67 whenever the prime minister is unable, by reason of his illness or absence from barbados, to perform the functions of his office, the governor-general may, by instrument under the public seal, authorise any other minister who is a member of the house of assembly to perform the functions conferred on the prime minister by this constitution (other than the functions conferred by subsection (3) ) . the governor-general may, by instrument under the public seal, revoke any authority given under this section. the powers conferred on the governor-general by this section shall be exercised by him acting in his discretion if in his opinion it is impracticable to obtain the advice of the prime minister owing to the prime minister’s illness or absence, and in any other case shall be exercised by the governor-general in accordance with the advice of the prime minister. 68 whenever a minister other than the prime minister is unable, by reason of his illness or absence from barbados, to perform the functions of his office, the governor-general may, by instrument under the public seal, appoint a member of the senate or the house of assembly to be a temporary minister and authorise him to perform the functions of that office: provided that this subsection shall have effect in relation to any period between a dissolution of parliament and the day on which the next election of members of the house of assembly is held as if parliament had not been dissolved. subject to the provisions of section 66(3), a temporary minister shall hold office until he is notified by the governor-general, by instrument under the public seal, that the minister on account of whose inability to perform the functions of his office he was appointed is again able to perform those functions or until that minister vacates his office. the powers conferred on the governor-general by this section shall be exercised by him in accordance with the advice of the prime minister. the prime minister and every other minister shall, before entering upon the duties of his office, take before the governor-general the oath of allegiance and an oath for the due execution of his office in the form set out in the first schedule. the prime minister shall, so far as is practicable, attend and preside at all meetings of the cabinet and in his absence such other minister shall preside as the prime minister shall appoint. the prime minister shall keep the governor-general fully informed concerning the general conduct of the government of barbados and shall furnish the governor-general with such information as the governor-general, acting in his discretion, may request with respect to any particular matter relating to the government of barbados. 72 subject to the provisions of this constitution, the governor-general, acting in accordance with the advice of the prime minister, may, by directions in writing, assign to the prime minister or any other minister responsibility for any business of the government, including the administration of any department of the government: provided that one such other minister (who shall be styled attorney-general) shall be assigned the functions of principal legal adviser to the government. nothing in this section shall empower the governor-general to confer on any minister authority to exercise any power or to discharge any duty that is conferred or imposed by this constitution or any other law on the governor-general or any person or authority other than that minister. 73 the governor-general, acting in accordance with the advice of the prime minister, may, by instrument under the public seal, appoint from among the members of the two houses parliamentary secretaries to assist ministers in the discharge of their functions : provided that this subsection shall have effect in relation to any period between a dissolution of parliament and the day on which the next election of members of the house of assembly is held as if parliament had not been dissolved. the provisions of section 66(3) and section 69 shall apply to parliamentary secretaries as they apply to ministers. 74 there shall be a leader of the opposition, who shall be appointed by the governor-general by instrument under the public seal. whenever the governor-general has occasion to appoint a leader of the opposition he shall appoint the member of the house of assembly who, in his judgment, is best able to command the support of a majority of those members who do not support the government, or if there is no such person, the member of that house who, in his judgment, commands the support of the largest single group of such members who are prepared to support one leader: provided that this subsection shall have effect in relation to any period between a dissolution of parliament and the day on which the next election of members of the house of assembly is held as if parliament had not been dissolved. the office of leader of the opposition shall become vacantif, after an election of members of the house of assembly following any dissolution of parliament and before that house first meets thereafter, he is informed by the governor-general that the governor-general is about to appoint another person as leader of the opposition; if he ceases to be a member of the house of assembly for any reason other than a dissolution of parliament; or if his appointment is revoked under the provisions of subsection (4). if, in the judgment of the governor-general, the leader of the opposition no longer is able to command the support of a majority of those members of the house of assembly who do not support the government, or, as the case may be, the support of the largest single group of such members who are prepared to support one leader, the governor-general may revoke the appointment of the leader of the opposition. in the exercise of his functions under this section the governor-general shall act in his discretion: provided that, except during any period such as is mentioned in subsection (3) (a), if the governor-general considers that it is doubtful whether a person commands such support as is mentioned in subsection (2) he shall, in determining the question, act in accordance with the advice of the speaker. during any period in which there is a vacancy in the office of leader of the opposition by reason of the fact that no person is both qualified in accordance with this constitution for, and willing to accept, appointment to that office, the governor-general shallact in his discretion in the exercise of any function in respect of which it is provided in this constitution that the governor-general shall act in accordance with the advice of the leader of the opposition; and act on the recommendation of the prime minister in the exercise of any function in respect of which it is provided in this constitution that the governor-general shall act on the recommendation of the prime minister after consultation with the leader of the opposition. 76 there shall be a privy council for barbados which shall consist of such persons as the governor-general, after consultation with the prime minister, may appoint by instrument under the public seal. the privy council shall have such powers and duties as may be conferred or imposed upon it by this constitution or any other law. the office of a member of the privy council appointed under this section shall become vacant at the expiration of fifteen years from the date of his appointment or such shorter period as may be specified in the instrument by which he was appointed; when he attains the age of seventy-five; or if his appointment is revoked by the governor-general, acting after consultation with the prime minister, by instrument under the public seal. 77 the privy council shall not be summoned except by the authority of the governor-general acting in his discretion. the governor-general shall, so far as is practicable, attend and preside at all meetings of the privy council. subject to the provisions of this constitution, the privy council may regulate its own procedure. the question whether the privy council has validly performed any function vested in it by this constitution shall not be inquired into any court. 78 the governor-general may, in her majesty's name and on her majesty's behalf— grant to any person convicted of any offence against the law of barbados a pardon, either free or subject to lawful conditions; grant to any person a respite, either indefinite or for a specified period, from the execution of any punishment imposed on that person for such an offence; substitute a less severe form of punishment for that imposed on any person for such an offence; or remit the whole or part of any punishment imposed on any person for such an offence or any penalty or forfeiture otherwise due to the crown on account of such an offence. the governor-general shall, in the exercise of the powers conferred on him by subsection (1) or of any power conferred on him by any other law to remit any penalty or forfeiture due to any person other than the crown, act in accordance with the advice of the privy council. where any person has been sentenced to death for an offence against the law of barbados, the governor-general shall cause a written report of the case from the trial judge, together with such other information derived from the record of the case or elsewhere as the governor-general may require, to be forwarded to the privy council so that the privy council may advise him on the exercise of the powers conferred on him by subsection (1) in relation to that person. the power of requiring information conferred upon the governor-general by subsection (3) shall be exercised by him on the recommendation of the privy council or, in any case in which in his judgment the matter is too urgent to admit of such recommendation being obtained by the time within which it may be necessary for him to act, in his discretion. a person has a right to submit directly or through a legal or other representative written representation in relation to the exercise by the governor-general or the privy council of any of their respective functions under this section, but is not entitled to an oral hearing. the governor-general, acting in accordance with the advice of the privy council, may by instrument under the public seal direct that there shall be time-limits within which persons referred to in subsection (1) may appeal to, or consult, any person or body of persons (other than her majesty in council) outside barbados in relation to the offence in question; and, where a time-limit that applies in the case of a person by reason of such a direction has expired, the governor-general and the privy council may exercise their respective functions under this section in relation to that person, notwithstanding that such an appeal or consultation as aforesaid relating to that person has not been concluded. nothing contained in subsection (6) shall be construed as being inconsistent with the right referred to in paragraph (c) of section 11. 79 there shall be a director of public prosecutions whose office shall be a public office. the director of public prosecutions shall, subject to section 79a, have power in any case in which he considers it desirable so to do— to institute and undertake criminal proceedings against any person before any court other than a court-martial in respect of any offence against the law of barbados; to take over and continue any such criminal proceedings that may have been instituted by any other person or authority; and to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority. the powers of the director of public prosecutions under subsection (2) may be exercised by him in person or through other persons acting under and in accordance with his general or special instructions. subject to section 79a, the powers conferred upon the director of public prosecutions by paragraphs (b) and (c) of subsection (2) shall be vested in him to the exclusion of any other person or authority: provided that, where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the court. subject to section 79a, in the exercise of the powers conferred upon him by this section the director of public prosecutions shall not be subject to the direction or control of any other person or authority. for the purposes of this section, any appeal from any determination in any criminal proceedings before any court, or any case stated or question of law reserved for the purposes of any such proceedings, to any other court or to the caribbean court of justice shall be deemed to be part of those proceedings. the director of public prosecutions shall not enter upon the duties of his office until he has taken and subscribed the oath of allegiance and an oath for the due execution of his office in the form set out in the first schedule. 79a the attorney-general may, in the case of any offence to which this section applies, give general or special directions to the director of public prosecutions as to the exercise of the powers conferred upon the director of public prosecutions by section 79, and the director of public prosecutions shall act in accordance with those directions. this section applies to – offences under the laws of barbados relating to – piracy, trading or otherwise dealing in slaves, foreign enlistment, publications calculated to interfere with the peaceful relations of barbados with foreign states, high treason, treason, misprision of treason or treachery, sedition or seditious meetings, official secrets, mutiny or incitement to mutiny, unlawful oaths; and any offence under an enactment relating to any right or obligation of barbados under international law. chapter vii. the judicature part 1. the caribbean court of justice, the supreme court and the magistrate’s courts for the purposes of this chapter, "agreement" means the agreement establishing the caribbean court of justice, to which barbados is a party, and which was signed at bridgetown, barbados on 14th february, 2002; "court" means the caribbean court of justice; "regional judicial and legal services commission" or “commission” means the commission established by article v of the agreement; "treaty" means the revised treaty of chaguaramas establishing the caribbean community, including the caricom single market and economy, which was signed in the bahamas on 5th july, 2001; and to which barbados is a party. there is established a judicature consisting of the caribbean court of justice established by the agreement; and the supreme court and magistrate’s courts, which shall exercise jurisdiction under this constitution or any other law. 79d the caribbean court of justice shall have exclusive and compulsory jurisdiction in disputes between contracting parties to the agreement; disputes between any contracting parties to the agreement and the community; referrals from national courts or tribunals of contracting parties to the agreement; applications by persons in accordance with the caribbean court of justice act, concerning the interpretation and application of the treaty; shall have exclusive jurisdiction to deliver advisory opinions concerning the interpretation and application of the treaty upon the request of contracting parties or the community; where there is a dispute as to whether the court has jurisdiction in a matter, to decide whether the court has such jurisdiction; and shall be the final court of appeal from any decision given by the court of appeal. where a court or tribunal is seised of an issue whose resolution involves a question concerning the interpretation or application of the treaty, the court or tribunal shall, if it considers that a decision on the question is necessary to enable it to deliver judgment, before delivering judgment, refer the question to the court for determination. the court shall be a superior court of record and, save as otherwise provided by parliament, shall have all the powers of such a court. a decision of the court concerning barbados shall be enforced in barbados in like manner as if it were a decision of the high court. 79e the judges of the court shall be the president and not more than 9 other judges, of whom at least 3 shall possess expertise in international law, including international trade law. the determination of any matter before the court shall be determined by a majority of the judges hearing the case. the court may sit in such divisions as the president directs, and a judge may sit in every division. 79f the president of the court shall be appointed by the qualified majority vote of three-quarters of the contracting parties to the agreement on the recommendation of the commission. a judge of the court other than the president shall be appointed by the majority vote of all the members of the regional judicial and legal services commission. the qualification for appointment of the president and a judge shall be as prescribed by law. a judge of the court shall not enter upon the duties of his office until he has taken and subscribed the judicial oath in the form set out in the first schedule. 79g the president of the court shall hold office for a term of 7 years; or until he attains the age of 72 years or sooner resigns or retires, whichever is the earlier. a judge of the court shall hold office until he attains the age of 72 years or sooner resigns or retires. notwithstanding that he has attained the age at which he is required by the provisions of this section to vacate his office; or he has retired or resigned before reaching such age, the president or other judge of the court may sit as a judge for the purpose of delivering judgment or doing any other thing in relation to proceedings which were commenced before him before he attained that age or, as the case may be, retired or resigned. a judge may be removed from office only for inability to perform the functions of his office, whether arising from illness or any other cause or for misbehaviour, and shall not be so removed except in accordance with such provisions as are prescribed by law. the resignation or retirement of a judge shall be in accordance with provision prescribed by law. 80 the supreme court shall consist of the court of appeal and the high court, and shall have such jurisdiction, powers and authority as may be conferred upon those courts respectively by this constitution or any other law. the judges of the supreme court shall be the chief justice and such number of justices of appeal and judges of the high court as may be prescribed by parliament. no office of judge shall be abolished while there is a substantive holder thereof. the supreme court shall be a superior court of record and, save as otherwise provided by parliament, shall have all the powers of such a court. 81 the chief justice and other judges of the supreme court shall be appointed by the governor-general, by instrument under the public seal, on the recommendation of the prime minister after consultation with the leader of the opposition. the qualifications for appointment as a judge shall be such as may be prescribed by any law for the time being in force: provided that a person who has been appointed as a judge may continue in office notwithstanding any subsequent variations in the qualifications so prescribed. 82 if the office of chief justice is vacant or if the holder thereof is performing the functions of the office of governor-general or is for any other reason unable to perform the functions of his office, then, until a person has been appointed to that office and assumed its functions or, as the case may be, until the holder thereof has resumed those functions, they shall be performed by such other person, qualified under section 81(2) for appointment as a judge, as the governor-general, acting on the recommendation of the prime minister, may appoint to act as chief justice by instrument under the public seal. if the office of a justice of appeal or judge of the high court is vacant, or if any such judge is appointed to act as chief justice or is for any reason unable to perform the functions of his office, or if the chief justice advises the governor-general that the state of business of the supreme court so requires, the governor-general, acting in accordance with the advice of the prime minister, may, by instrument under the public seal, appoint a person qualified under section 81(2) for appointment as a judge to act as a judge; and any person so appointed shall continue to act until his appointment is revoked by the governor-general, acting in accordance with the advice of the prime minister. a person may be appointed under the provisions of this section to act as chief justice or other judge notwithstanding that he has attained the age at which that office is required by section 84(1) to be vacated by the holder thereof. any person so appointed may, notwithstanding that the period of his appointment has expired or his appointment has been revoked, sit as a judge for the purpose of delivering judgment or doing any other thing in relation to proceedings which were commenced before him while he was acting as such. a judge shall not enter upon the duties of his office until he has taken and subscribed the oath of allegiance and the judicial oath in the form set out in the first schedule. 84 subject to the following provisions of this section, a person holding the office of a judge shall vacate office when he attains, in the case of a judge of the high court other than the chief justice, the age of sixty-five years; and in the case of the chief justice and a justice of appeal, the age of seventy years. notwithstanding subsection (1), the governor-general, acting on the recommendation of the prime minister, may permit a judge of the high court, other than the chief justice, who has attained the age of sixty-five years, or the chief justice or a justice of appeal who has attained the age of seventy years, to continue in office until he has attained, in the case of a judge of the high court such later age, not exceeding sixty-seven years and, in the case of any other judge, such later age, not exceeding seventy-two years, as may have been agreed between the governor-general and the judge of the high court or other judge. notwithstanding that he has attained the age at which he is required by the provisions of this section to vacate his office; or has retired or resigned before reaching such age, a person may sit as a judge for the purpose of delivering judgment or doing any other thing in relation to proceedings which were commenced before him before he attained that age or, as the case may be, retired or resigned. a judge may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of subsection (4). a judge shall be removed from office by the governor-general, by instrument under the public seal, if the question of the removal of that judge from office has, at the request of the governor-general made in pursuance of subsection (5), been referred by him to the caribbean court of justice and the court has advised the governor-general that the judge ought to be removed from office for inability as aforesaid or for misbehaviour. if the prime minister (in the case of the chief justice) or the chief justice after consultation with the prime minister (in the case of any other judge) advises the governor-general that the question of removing a judge from office for inability as aforesaid or for misbehaviour ought to be investigated, then the governor-general shall appoint a tribunal, which shall consist of a chairman and not less than two other members, selected by the governor-general in accordance with the advice of the prime minister (in the case of the chief justice) or of the chief justice (in the case of any other judge) from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from any such court; that tribunal shall enquire into the matter and report on the facts thereof to the governor-general and advise the governor-general whether he should request that the question of the removal of that judge should be referred by the governor-general to the caribbean court of justice; and if the tribunal so advises, the governor-general shall request that the question should be referred accordingly. the provisions of the second schedule shall apply in relation to tribunals appointed under subsection (5). if the question of removing a judge from office has been referred to a tribunal appointed under subsection (5), the governor-general, acting in accordance with the advice of the prime minister (in case of the chief justice) or of the chief justice after the chief justice has consulted with the prime minister (in the case of any other judge), may suspend the judge from performing the functions of his office. any such suspension may at any time be revoked by the governor-general, acting in accordance with the advice of the prime minister or the chief justice (as the case may be), and shall in any case cease to have effect if the tribunal advises the governor-general that he should not request that the question of the removal of the judge from office should be referred by the governor-general to the caribbean court of justice; or the caribbean court of justice advises the governor-general that the judge ought not to be removed from office. the provisions of this section shall be without prejudice to the provisions of section 82(2). part 2. appeals 85 subject to the provisions of subsection (2), the court of appeal established by part 1 of this chapter shall be constituted by not less than three judges sitting together. a judge shall not sit as a judge of the court of appeal on the hearing of an appeal from any decision given by himself or any decision given by any court of which he was sitting as a member; or against a conviction or sentence if he was the judge by or before whom the appellant was convicted. 86 notwithstanding anything contained in part 1 of this chapter, parliament may make provision – for implementing arrangements made between the government of barbados and the government or governments of any other part or parts of the commonwealth relating to the establishment of a court of appeal to be shared by barbados with that part or those parts of the commonwealth, and for the hearing and determination by such a court of appeals from decisions of any court in barbados; or for the hearing and determination of appeals from decisions of any court in barbados by a court established for any other part of the commonwealth. a law enacted in pursuance of subsection (1) may provide that the jurisdiction conferred on any such court as is referred to in that subsection shall be to the exclusion, in whole or in part, of the jurisdiction of the court of appeal established by part 1 of this chapter; and during any period when jurisdiction is so conferred to the exclusion of the whole jurisdiction of the said court of appeal, parliament may suspend the provisions of the said part 1 establishing that court. in subsection (1), the expression “any court in barbados” includes the court of appeal established by part 1 of this chapter. 87 an appeal to the court of appeal shall lie as of right from final decisions of the high court given in exercise of the jurisdiction conferred on the high court by section 24 (which relates to the enforcement of fundamental rights and freedoms). an appeal shall lie as of right to the caribbean court of justice from any decision given by the court of appeal in any such case. in this section “the court of appeal” means such court as may be vested with jurisdiction to hear appeals from any court in barbados in pursuance of section 86 or, if there is no such court, the court of appeal established by part 1 of this chapter. 88 parliament may provide for an appeal to lie from – decisions of the court of appeal established by part 1 of this chapter; or decisions of any other court in exercise of jurisdiction conferred by a law enacted in pursuance of section 86(1), to the caribbean court of justice, either as of right or with the leave of the said court of appeal or other court, as the case may be, in such cases other than those referred to in section 87(2) as may be prescribed by parliament. nothing in this constitution shall affect any right of the caribbean court of justice to grant special leave to appeal from decisions such as are referred to in subsection (1). a decision of the caribbean court of justice is final and shall not be the subject of any appeal or enquiry in any tribunal or other court. chapter viii. the public service part 1. the services commissions 89 there shall be a judicial and legal service commission for barbados, which shall consist of the following persons– the chief justice, who shall be chairman; the chairman of the public service commission or some other member of the public service commission nominated by the chairman to represent him at any meeting of the judicial and legal service commission; three other members (hereinafter called “the appointed members”) appointed in accordance with the provisions of subsection (2). the appointed members shall be appointed by the governor-general, by instrument under the public seal, acting on the recommendation of the prime minister after consultation with the leader of the opposition, from among persons who are, or have been, judges of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from any such court: provided that if, whenever an occasion arises for the appointment of an appointed member, the governor-general, acting as aforesaid, is satisfied that there is no suitable person who is or has been such a judge available and willing to be appointed, he may appoint a person who has been entitled to practise in barbados as an attorney-at-law for not less than ten years but is not in active practice as an attorney-at-law. no person shall be qualified to be appointed as a member of the judicial and legal service commission if he is a member of either house or a public officer. subject to the provisions of subsection (5), the office of an appointed member shall become vacant– at the expiration of three years from the date of his appointment or at such earlier time as may be specified in the instrument by which he was appointed; if he becomes a member of either house or a public officer or is appointed to the office of chief justice or chairman of the public service commission. the provisions of section 105 (which relate to removal from office) shall apply to the office of an appointed member, and the prescribed authority for the purposes of subsection (4) of that section shall be the prime minister and for the purposes of subsection (6) of that section shall be the chief justice. if the office of an appointed member is vacant or the holder thereof is for any reason unable to perform the functions of his office, the governor-general, acting on the recommendation of the prime minister after consultation with the leader of the opposition, may, by instrument under the public seal, appoint a person who is qualified for appointment as an appointed member to act in the office of that member; and any person so appointed shall, subject to the provisions of subsection (4) (b), continue so to act until a person has been appointed to the office in which he is acting and has assumed the functions thereof or, as the case may be, the holder thereof resumes those functions or until his appointment so to act is revoked by the governor-general, acting as aforesaid. an appointed member shall not, within a period of one year commencing with the date on which he last held or acted r in the office of appointed member, be eligible for appointment to any office power to make appointments to which is vested by this constitution in the governor-general acting on the recommendation or in accordance with the advice of the judicial and legal service commission. 90 there shall be a public service commission for barbados which shall consist of a chairman and not less than three nor more than five other members, who shall be appointed by the governor-general, acting on the recommendation of the prime minister after consultation with the leader of the opposition, by instrument under the public seal. no person shall be qualified to be appointed as a member of the public service commission if he is a member of either house or a public officer. subject to the provisions of subsection (4), the office of a member of the public service commission shall become vacantat the expiration of three years from the date of his appointment or such earlier time as may be specified in the instrument by which he was appointed ; if he becomes a member of either house or a public officer. the provisions of section 105 (which relate to removal from office) shall apply to the office of a member of the public service commission, and for the purposes of subsections (4) and (6) of that section the prescribed authority shall be the prime minister except that, in relation to a member who does not hold, or is not for the time being acting in, the office of chairman of the commission, the prescribed authority for the purposes of the said subsection (6) shall be the holder of the office of chairman. if the office of chairman of the public service commission is vacant or the holder thereof is for any reason unable to perform the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be performed by such one of the other members of the commission as may for the time being be designated in that behalf by the governor-general, acting on the recommendation of the prime minister after consultation with the leader of the opposition. if the office of a member of the public service commission other than the chairman is vacant or the holder thereof is for any reason unable to perform the functions of his office, the governor-general, acting on the recommendation of the prime minister after consultation with the leader of the opposition, may appoint a person who is qualified for appointment as a member of the commission to act in the office of that member; and any person so appointed shall, subject to the provisions of subsection (3) (b), continue so to act until a person has been appointed to the office in which he is acting and has assumed the functions thereof or, as the case may be, the holder thereof resumes those functions or until his appointment so to act is revoked by the governor-general acting as aforesaid. a member of the public service commission shall not, within a period of one year commencing with the date on which he last held or acted in that office, be eligible for appointment to any office power to make appointments to which is vested by this constitution in the governor-general acting on the recommendation or in accordance with the advice of the public service commission. 91 there shall be a police service commission for barbados which shall consist of a chairman and not less than two nor more than four other members, who shall be appointed i by the governor-general, acting on the recommendation of the prime minister after consultation with the leader of the opposition, by instrument under the public seal. no person shall be qualified to be appointed as a member of the police service commission if he is a member of either house or a public officer. subject to the provisions of subsection (4), the office of a member of the police service commission shall become vacantat the expiration of three years from the date of his appointment or at such earlier time as may be specified in the instrument by which he was appointed; if he becomes a member of either house or a public officer. the provisions of section 105 (which relate to removal from office) shall apply to the office of a member of the police service commission, and for the purposes of subsections (4) and (6) of that section the prescribed authority shall be the prime minister except that, in relation to a member who does not hold, or is not for the time being acting in, the office of chairman of the commission, the prescribed authority for the purposes of the said subsection (6) shall be the holder of the office of chairman. if the office of chairman of the police service commission is vacant or the holder thereof is for any reason unable to perform the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be performed by such one of the other members of the commission as may for the time being be designated in that behalf by the governor-general, acting on the recommendation of the prime minister after consultation with the leader of the opposition. if the office of a member of the police service commission other than the chairman is vacant or the holder thereof is for any reason unable to perform the functions thereof, the governor-general, acting on the recommendation of the prime minister after consultation with the leader of the opposition, may appoint a person who is qualified for appointment as a member of the commission to act in the office of that member; and any person so appointed shall, subject to the provisions of subsection (3) (b), continue so to act until a person has been appointed to the office in which he is acting and has assumed the functions thereof or, as the case may be, the holder thereof resumes those functions or until his appointment so to act is revoked by the governor-general, acting as aforesaid. a member of the police service commission shall not, within a period of one year commencing with the date on which he last held or acted in that office, be eligible for appointment to any office power to make appointments to which is vested by this constitution in the governor-general acting on the recommendation or in accordance with the advice of the police service commission. 92 in relation to any commission established by this chapter, the governor-general, acting in accordance with the advice of the commission, may by regulation or otherwise regulate its procedure and, subject to the consent of the prime minister, confer powers and impose duties on any public officer or any authority of the government for the purpose of the discharge of the functions of the commission. at any meeting of any commission established by this chapter a quorum shall be constituted if three members are present; and, if a quorum is present, the commission shall not be disqualified for the transaction of business by reason of any vacancy among its members or the absence of any member and any proceedings of the commission shall be valid notwithstanding that some person who was not entitled so to do took part therein. any question proposed for decision at any meeting of any commission established by this chapter shall be determined by a majority of the votes of the members thereof present and voting, and if on any such question the votes are equally divided the member presiding shall have and exercise a casting vote. part 2. appointment, removal and discipline of public officers 93 subject to the provisions of this constitution, power to make appointments to the offices to which this section applies and to remove and to exercise disciplinary control over persons holding or acting in such offices is hereby vested in the governor-general, acting in accordance with the advice of the judicial and legal service commission. this section applies to such public offices (other than the office of the director of public prosecutions) for appointment to which persons are required to possess legal qualifications as may be prescribed by parliament. 94 subject to the provisions of this constitution, power to make appointments to public offices and to remove and to exercise disciplinary control over persons holding or acting in such offices is hereby vested in the governor-general, acting in accordance with the advice of the public service commission. before the public service commission advises the appointment to any public office of any person holding or acting in any office power to make appointments to which is vested by this constitution in the governor-general, acting in accordance with the advice of the judicial and legal service commission or the police service commission, it shall consult the judicial and legal service commission or the police service commission, as the case may be. the provisions of this section shall not apply in relation tothe office of any member of the governor-general’s personal staff; any office to which section 93 applies; any office in the police force; any office to which section 100 applies; so far as they relate to power to make appointments on transfer, any office to which section 1ooa applies; the office of the director of public prosecutions; and the office of the auditor-general. 95 the governor-general, acting in accordance with the advice of the public service commission, may by instrument under the public seal direct that, to such extent and subject to such conditions as may be specified in that instrument, the powers, other than the power to remove from office, vested in him by section 94 (1), shall (without prejudice to the exercise of such powers by the governor-general under that section) be exercisable by such one or more members of the public service commission or by such public officer as may be so specified. in any case where an appointment is to be made by virtue of an instrument made under this section and the person to be appointed holds or is acting in any office power to make appointments to which is vested in the governor-general, acting in accordance with the advice of the judicial and legal service commission or the police service commission, the person empowered by the said instrument to make the appointment shall consult the judicial and legal service commission or the police service commission, as the case may be, before making the appointment. where the power to exercise disciplinary control over any officer has been exercised by virtue of an instrument made under this section, the officer in respect of whom it was so exercised may apply for the case to be referred to the governor-general, and there upon the disciplinary action taken shall cease to have effect except in so far as it may have included the suspension of the officer from performing the functions of his office and the case shall be referred to the governor-general accordingly; and, subject to the provisions of section 98, the governor-general shall then take such action in respect of the officer as the public service commission may advise. 96 subject to the provisions of this constitution, power to make appointments to offices in the police force and to remove and to exercise disciplinary control over persons holding or acting in such offices, is hereby vested in the governor-general, acting in accordance with the advice of the police service commission. before the police service commission advises the appointment to any office in the police force of any person holding or acting in any office power to make appointments to which is vested by this constitution in the governor-general, acting in accordance with the advice of the judicial and legal service commission or the public service commission, it shall consult the judicial and legal service commission or the public service commission, as the case may be. parliament may make provision with respect to offences against police force discipline and the punishment that may be imposed for any such offence, and any power to exercise disciplinary control (including any power to remove a person from office) over members of the police force conferred by or under the provisions of this chapter shall be exercised in accordance with any such provision. 97 the governor-general, acting in accordance with the advice of the police service commission, may by instrument under the public seal direct that, to such extent and subject to such conditions as may be specified in that instrument, the powers, other than the power to remove from office, vested in him by section 96(1) in relation to offices in the police force below the rank of inspector shall (without prejudice to the exercise of such powers by the governor-general under that section) be exercisable by such one or more members of the police service commission or by such officers in the police force not below the rank of superintendent as may be so specified. in any case where an appointment is to be made by virtue of an instrument made under this section and the person to be appointed holds or is acting in any office power to make appointments to which is vested in the governor-general, acting in accordance with the advice of the judicial and legal service commission or the public service commission, the person empowered by the said instrument to make the appointment shall consult the judicial and legal service commission or the public service commission, as the case may be, before making the appointment. where the power to exercise disciplinary control over any member of the police force has been exercised by virtue of an instrument made under this section, the member of the police force in respect of whom it was so exercised may apply for the case to be referred to the governor-general, and thereupon the disciplinary action taken shall cease to have effect except in so far as it may have included the suspension of the member from performing the functions of his office and the case shall be referred to the governor-general accordingly; and, subject to the provisions of section 98, the governor-general shall then take such action in respect of that member of the police force as the police service commission may advise. 98 before the governor-general acts in accordance with the advice of any commission established by this chapter that any public officer shall be removed from office or that any penalty should be imposed on him by way of disciplinary control, he shall inform the officer of that advice, and if the officer then applies for the case to be referred to the privy council, the governor-general shall not act in accordance with that advice but shall refer the case to the privy council accordingly: provided that the governor-general, acting in accordance with the advice of the commission, may nevertheless suspend that officer from performing the functions of his office pending the determination of the reference to the privy council. when a reference is made to the privy council under the provisions of subsection (1), the privy council shall consider the case and shall advise the governor-general what action should be taken in respect of the officer, and the governor-general shall then act in accordance with such advice. 98a there shall be a public service appeal board (hereinafter called “the appeal board”) comprising a chairman, who shall be a judge or former judge, and 2 other members appointed by the governor-general after consultation with the prime minister and the leader of the opposition, to hear and determine appeals from any decisions of a service commission with respect to discipline of public officers other than that of dismissal; or any person to whom powers of a service commission have been delegated with respect to discipline. one member of the appeal board shall be a retired public officer. sections 89(2), 89(3), 89(4), 89(5), 89(6) and 92(1) (which relate to qualifications for appointment, eligibility for public office, the term and tenure of members of service commissions and the procedure of service commissions) shall apply to members of the appeal board as they apply to members of a service commission. before entering upon the duties of his office, a member of the appeal board shall take and subscribe the oath of office before the governor-general or a person appointed by the governor-general for the purpose. notwithstanding subsection (1), nothing in this section shall be regarded as affecting the right of a public officer to have his case referred to the privy council in accordance with section 98. where a public officer has had his case determined by the privy council under section 98, no further proceedings in the matter may be brought before the appeal board. the provisions of section 92(3) shall apply to the appeal board. the appeal board, in exercise of its functions under the constitution, shall not be subject to the direction and control of any other person or authority. the appeal board may by regulations make provision for regulating its own procedure; and the procedure in respect of appeals under this constitution. the appeal board may, where it considers it necessary that further evidence be adduced, order such evidence to be adduced either before the appeal board or by affidavit; or refer the matter back to the relevant service commission to take such evidence and to adjudicate upon the matter afresh; or to report for the information of the appeal board specific findings of fact. where a matter is referred to a service commission under paragraph (b) of subsection (10), the matter, so far as may be practicable or necessary, shall be dealt with as if it were being heard at first instance. upon the conclusion of the hearing of an appeal under this section, the appeal board may affirm, modify or amend the decision appealed against; set aside the decision; or substitute any other decision which the service commission could have made. every decision of the appeal board shall require the concurrence of the majority of its members. the appeal board may by regulation or otherwise confer powers and impose duties on any public officer or any authority of the government for the purpose of the exercise of the functions of the appeal board. 99 notwithstanding anything contained in the preceding provisions of this chapter– except as provided in paragraph (b), power to make appointments to the offices to which this section applies is hereby vested in the governor-general, acting on the recommendation of the appropriate service commission made after that commission has consulted the prime minister; and power to make appointments to the office of a permanent secretary on transfer from another such office carrying the same salary is hereby vested in the governor-general, acting on the recommendation of the prime minister. this section applies to the offices of solicitor-general, director, finance and planning, secretary to the cabinet, permanent secretary, commissioner of police, chief establishments officer, chief personnel officer, chief training officer, chief or deputy chief professional or technical adviser or officer in a ministry of the government (by whatever name called), and head or deputy head of a department of the government. in this section "appropriate service commission" meansin relation to offices in the police force, the police service commission; in relation to any office to which section 93 applies as respects power to remove and exercise disciplinary control over any person holding or acting in that office, the judicial and legal service commission; and in relation to any other office to which this section applies, the public service commission. 100 power to make appointments to the offices to which this section applies and to remove persons holding or acting in such offices shall vest in the governor-general, acting in accordance with the advice of the prime minister. before tendering advice for the purposes of this section in relation to any person who holds any public office other than an office to which this section applies, the prime minister shall consult the appropriate service commission. this section applies to the office of ambassador, high commissioner or other principal representative of barbados in any other country or accredited to any international organisation. in this section "appropriate service commission" meansin relation to a person who holds an office in the police force, the police service commission; in relation to a person who holds an office to which section 93 applies as respects power to remove and exercise disciplinary control over any person holding or acting in that office, the judicial and legal service commission ; and in relation to any other person, the public service commission. 100a the power to make appointments on transfer to the offices to which this section applies shall vest in the prime minister. the offices to which this section applies areoffices (other than those to which section 100 applies) the holders of which are required to reside outside barbados for the proper discharge of their functions; and such offices in the ministry responsible for the external affairs of barbados as may be designated by the prime minister. 101 the director of public prosecutions (in this section referred to as “the director”) shall be appointed by the governor-general, acting on the recommendation of the judicial and legal service commission, by instrument under the public seal. a person shall not be qualified to hold or to act in the office of director unless he is qualified for appointment as a judge. if the office of the director is vacant or if the holder thereof is for any reason unable to perform the functions thereof, the governor-general, acting on the recommendation of the judicial and legal service commission, may appoint a person to act in the office of the director; and any person so appointed shall, subject to the provisions of subsection (4), continue so to act until a person has been appointed to the office of the director and has assumed the functions of that office or, as the case may be, the holder thereof has resumed those functions or until his appointment so to act is revoked by the governor-general, acting as aforesaid. subject to the provisions of subsection (5), the director shall vacate office when he attains the age of sixty-two years: provided that the governor-general, acting on the recommendation of the judicial and legal service commission, may permit a director who has attained the age of sixty-two years to continue in office until he has attained such later age, not exceeding sixty-five years, as may have been agreed between the governor-general and the director. t the provisions of section 105 (which relate to removal from office) shall apply to the office of the director, and the prescribed authority for the purposes of subsections (4) and (6) of that section shall be the judicial and legal service commission. 102 the auditor-general shall be appointed by the governor-general, by instrument under the public seal, acting on the recommendation of the public service commission made after the commission has consulted the prime minister. if the office of auditor-general is vacant or the holder thereof is for any reason unable to perform the functions thereof, the governor-general, acting on the recommendation of the public service commission made after the commission has consulted the prime minister, may appoint a person to act in the office of auditor-general; and any person so appointed shall, subject to the provisions of subsection (3), continue so to act until a person has been appointed to the office of auditor-general and has assumed the functions of that office or, as the case may be, the holder thereof has resumed those functions or until his appointment so to act is revoked by the governor-general, acting as aforesaid. subject to the provisions of subsection (4), the auditor-general shall vacate office when he attains the age of sixty-two years. the provisions of section 105 (which relate to removal from office) shall apply to the office of auditor-general, and the prescribed authority for the purposes of subsection (4) of that section shall be the prime minister or the chairman of the public service commission and for the purposes of sub-section (6) of that section shall be the public service commission. part 3. pensions 103 subject to the provisions of section 104, the law applicable to the grant and payment to any officer, or to his widow, children, dependants or personal representatives, of any pension, compensation, gratuity or other like allowance (in this section and section 104 referred to as an “ award “) in respect of the service of that officer in a public office shall be that in force on the relevant date or any later law that is not less favourable to that person. in subsection (1) “the relevant date” meansin relation to an award granted before 30th november 1966, the date on which the award was granted; in relation to an award granted or to be granted on or after 30th november 1966 to or in respect of any person who was a public officer before that date, 29th november 1966; in relation to an award granted or to be granted to or in respect of any person who becomes a public officer on or after 30th november 1966, the date on which he becomes a public officer. where a person is entitled to exercise an option as to which of two or more laws shall apply in his case, the law specified by him in exercising the option shall, for the purposes of this section, be deemed to be more favourable to him than the other law or laws. awards granted under any law in respect of service in a public office (not being awards that are a charge upon some other public fund of barbados) are hereby charged on the consolidated fund. for the purposes of this section and of section 104, service as a judge shall be deemed to be service in the public service. 104 the power to grant any award under any pensions law for the time being in force in barbados (other than an award to which, under that law, the person to whom it is payable is entitled as of right) and, in accordance with any provisions in that behalf contained in any such law, to withhold, reduce in amount or suspend any award payable under any such law is hereby vested in the governor-general. subject to the provisions of subsections (5) and (6), the power vested in the governor-general by subsection (1) shall be exercised by him on the recommendation of the appropriate service commission. the appropriate service commission shall not. recommend to the governor-general that any award for which a person who holds or has held the office of a judge, director of public prosecutions or auditor-general is eligible shall not be granted, or that any award payable to him shall be withheld, reduced in amount or suspended, on the ground that he has been guilty of misbehaviour unless he has been removed from office by reason of such misbehaviour. in this section, “the appropriate service commission” means in the case of an award that may be granted or is payable to a person who, having been a public officer, was immediately before the date on which he ceased to hold public office serving as a judge, as the director of public prosecutions, in any office to which section 93 applies as respects power to remove and exercise disciplinary control over any person holding or acting in that office at the date of the exercise of the power vested as aforesaid, the judicial and legal service commission; in the case of an award that may be granted or is payable to a person who, having been a public officer, was, immediately before the date on which he ceased to hold public office, serving as a member of the police force, the police service commission; in any other case, the public service commission. where the appropriate service commission makes a recommendation to the governor-general under this section that any award that may be granted under any pensions law in respect of the service in a public office of any person should not be granted, or that any award payable under any such law in respect of such service should be withheld, reduced in amount or suspended, the governor-general shall inform the person concerned or his personal representatives of that recommendation, and if that person then applies, or, as the case may be, his personal representatives then apply, for the case to be referred to the privy council, the governor-general shall refer the case to the privy council accordingly. when a reference is made to the privy council under the provisions of subsection (s), the privy council shall consider the case and shall advise the governor-general whether the recommendation of the appropriate service commission should be affirmed, reversed or modified, and the governor-general shall then act in accordance with that advice. in this section “pensions law” means any law relating to the grant to any person or to the widow, children, dependants or personal representatives of that person, of an award of any pension, compensation, gratuity or other like allowance in respect of the service of that person in a public office. part 4. miscellaneous 105 where it is provided in this constitution that this section shall apply to any office, a person holding such office (in this section referred to as “the officer”) shall not be removed therefrom or suspended from the exercise of the functions thereof except in accordance with the provisions of this section; and the prescribed authority for the purposes of subsection (4) or subsection (6) shall, in relation to any office, be the authority prescribed for that purpose by the provision of this chapter by which this section is applied to that office. the officer may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour. the officer shall be removed from office by the governor-general if the question of his removal from office has been referred to a tribunal appointed under this section and the tribunal has advised the governor-general that he ought to be removed from office for inability as aforesaid or for misbehaviour. if the prescribed authority advises the governor-general that the question of removing the officer from office under this section ought to be investigated, then– the governor-general shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the governor-general acting in accordance with the advice of the chief justice, from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from any such court or have been entitled to practise in barbados as attorneys-at-law for not less than ten years; and that tribunal shall enquire into the matter and report on the facts thereof to the governor-general and advise the governor-general whether the officer ought to be removed from office for inability as aforesaid or for misbehaviour. the provisions of the second schedule shall apply to tribunals appointed under this section. if the question of removing the officer from office has been referred to a tribunal under this section, the governor-general, acting in accordance with the advice of the prescribed authority, may suspend the officer from performing the functions of his office, and any such suspension may at any time be revoked by the governor-general, acting as aforesaid, and shall in any case cease to have effect if the tribunal advises the governor-general that the officer should not be removed from office. the question whether– any commission established by this chapter has validly performed any function vested in it by or under this chapter; any person has validly performed any function delegated to him in pursuance of the provisions of section 95 or 97, as the case may be; or any member of such a commission or any other person or authority has validly performed any other function in relation to the work of the commission or in relation to any such function as is referred to in paragraph (b), shall not be enquired into in any court. chapter ix. finance there shall be in and for barbados a consolidated fund, to which, subject to the provisions of any law for the time being in force in barbados, shall be credited all revenues of barbados. 108 the minister responsible for finance shall, before the end of each financial year, cause to be prepared annual estimates of revenue and expenditure for public services during the succeeding financial year, which shall be laid before the house of assembly. the estimates of expenditure shall show separately the sums required to meet statutory expenditure (as defined in section 109(7)) and the sums required to meet other expenditure proposed to be charged to the consolidated fund. 109 the minister responsible for finance shall, in respect of each financial year, at the earliest convenient moment before the commencement of that financial year, introduce in the house of assembly an appropriation bill containing, under appropriate heads for the several services required, the estimated aggregate sums which are proposed to be expended (otherwise than by way of statutory expenditure) during that financial year. subject to subsections (4) and (6), the sums voted on the estimates by the house of assembly in respect of a financial year shall represent the limit and extent of the public expenditure for that financial year. where any sum is voted on the estimates by the house of assembly in respect of a financial year and at the end of that year there is an unexpended balance of that sum, the unexpended balance shall lapse. the minister responsible for finance may, in case of necessity, from time to time cause to be prepared supplementary estimates of expenditure which shall be laid before and voted on by the house of assembly. in respect of all supplementary expenditure voted on by the house of assembly in pursuance of subsection (4), the minister responsible for finance may, at any time before the end of the financial year, introduce into the house of assembly a supplementary appropriation bill containing, under appropriate heads, the aggregate sums so voted, and shall, as soon as possible after the end of each financial year, introduce into the house of assembly a final appropriation bill containing any such sums which have not yet been included in any appropriation bill. that part of any estimate of expenditure laid before the house of assembly which shows statutory expenditure shall not be voted on by the house, and such expenditure shall, without further authority of parliament, be charged to the consolidated fund. for the purposes of this section and section 108 “financial year” means any period of twelve months beginning on 1st april in any year or such other date as parliament may prescribe; and “statutory expenditure” means expenditure charged on the consolidated fund or on the general revenues and assets of barbados by any provision of this constitution or of any other law for the time being in force in barbados. no sum shall be charged to the consolidated fund except upon the authority of a warrant under the hand of the minister responsible for finance or under the hand of some person authorised by him in writing; and sums so issued shall be disposed of for meeting public expenditure authorised under section 109 or, in the case of statutory expenditure, for the purposes appointed by law. the public debt of barbados, including the interest on that debt, sinking fund payments and redemption monies in respect of that debt and the costs, charges and expenses incidental to the management of that debt, is hereby charged on the consolidated fund. 112 there shall be paid to the holders of the offices to which this section applies such salaries as may be prescribed by or under any law. the salaries payable to the holders of the offices to which this section applies are hereby charged on the consolidated fund. the salary and allowances payable to the holder of any office to which this section applies and his other terms of service shall not be altered to his disadvantage after his appointment and, for the purposes of this subsection, in so far as the terms of service of any person depend upon the option of that person, the terms for which he opts shall be taken to be more advantageous to him than any other terms for which he might have opted. this section applies to the offices of governor-general, judges, director of public prosecutions, auditor-general, appointed members of the judicial and legal service commission and members of the public service commission and the police service commission. the salaries and allowances payable to the holders of offices established under the civil establishment act and the defence act shall not be altered to their disadvantage. 113 there shall be an auditor-general, whose office shall be a public office. the accounts of the supreme court, the senate, the house of assembly and all departments and offices of the government (including the offices of the cabinet, the privy council, the judicial and legal service commission, the public service commission and the police service commission and government-controlled entities and statutory authorities, but excluding the department of the auditor-general) shall, at least once in every year, be audited and reported on by the auditor-general who, with his subordinate staff, shall at all times be entitled to have access to all books, records, returns and reports relating to such accounts. the auditor-general may on his own initiative carry out examinations into the financial management of ministries, departments, statutory authorities and government-controlled entities, including the manner in which those ministries, departments, statutory authorities and government-controlled entities use their resources in discharging their functions as regards the efficiency and effectiveness of the use of those resources. the auditor-general shall submit his reports made under subsections (2) and (2a) to the speaker (or, if the office of speaker is vacant or the speaker is for any reason unable to perform the functions of his office, to the deputy speaker), who shall cause them to be laid before the house of assembly. in the exercise of his functions under the provisions of subsections (2), (2a) and (3), the auditor-general shall not be subject to the direction or control of any other person or authority. repealed by 2007-10. nothing in this section shall prevent the performance by the auditor-general of– such other functions in relation to the accounts of the government and the accounts of other public authorities and other bodies administering public funds in barbados as may be prescribed by or under any law for the time being in force in barbados; or such other functions in relation to the supervision and control of expenditure from public funds in barbados as may be so prescribed. chapter x. miscellaneous and interpretation 114 where any person has vacated any office established by this constitution (including any office established under section 41(1), 64(1) and 80(2)) he may, if qualified, again be appointed, elected or otherwise selected to hold that office in accordance with the provisions of this constitution. where by this constitution a power is conferred upon any person or authority to make any appointment to any public office, a person may be appointed to that office notwithstanding that some other person may be holding that office when that other person is on leave of absence pending relinquishment of the office; and where two or more persons are holding the same office by reason of an appointment made in pursuance of this subsection, then for the purposes of any function conferred upon the holder of that office the person last appointed shall be deemed to be the sole holder of the office. subsection (2) shall have effect in relation to the office of a judge as if that office were a public office. 115 any person who is appointed or elected to or otherwise selected for any office established by this constitution (including any office established under section 41(1), 64(1) or 80(2)) may resign from that office and, save as otherwise provided by section 40(3) or 45(1), shall do so by writing under his hand addressed to the person or authority by whom he was appointed, elected or selected. the resignation of any person from any such office as aforesaid signified by writing under his hand shall take effect when the writing signifying the resignation is received by the person or authority to whom it is addressed or by any person authorised by that person or authority to receive it or employed to assist that person in the performance of the functions of his office. where by this constitution a person is required to vacate an office when he attains an age prescribed by or under the provisions of this constitution, nothing done by him in the performance of the functions of that office shall be invalid by reason only that he has attained the age so prescribed. 117 in this constitution– "act of parliament" means any law made by parliament; "the commonwealth" means barbados, any country to which section 8 applies and any dependency of any such country; "the consolidated fund" means the consolidated fund established by section 107; "house" means the senate or the house of assembly, as the context may require; "judge" means the chief justice, a justice of appeal and a judge of the high court; "law" includes any instrument having the force of law and any unwritten rule of law; "oath of allegiance" means the oath of allegiance set out in the first schedule; "parliament" means the parliament of barbados; "police force" means the royal barbados police force established under the police act, 1961l; "public office" means any office of emolument in the public service; "public officer" means the holder of any public office and includes any person appointed to act in any such office; "the public service" means, subject to the provisions of subsection (7), the service of the crown in a civil capacity in respect of the government of barbados; "session" means, in relation to parliament, the sittings of parliament commencing when it first meets after this constitution comes into force or after the prorogation or dissolution of parliament at any time and terminating when parliament is prorogued or is dissolved without having been prorogued; "sitting" means in relation to a house, a period during which that house is sitting continuously without adjournment and includes any period during which the house is in committee; "speaker" and “deputy speaker” mean the member of the house of assembly from time to time elected by that house to be respectively speaker or deputy speaker of that house. for the purposes of this constitution the territory of barbados shall comprise all the areas that were comprised therein immediately before 30th november 1966 together with such other areas as parliament may declare to form part thereof. any reference in this constitution to power to make appointments to any office shall be construed as including a reference to power to make appointments on promotion or transfer to that office and to power to appoint a person to act in or perform the functions of that office during any period during which it is vacant or during which the holder thereof is unable (whether by reason of absence or infirmity of body or mind or any other cause) to perform those functions. any reference in this constitution to the holder of an office by the term designating his office shall be construed as including a reference to any person for the time being lawfully performing the functions of that office. where by this constitution any person is directed, or power is conferred on any person or authority to appoint a person, to perform the functions of any office if the holder thereof is unable to perform those functions, the validity of any performance of those functions by the person so directed or of any appointment made in exercise of that power shall not be called in question in any court on the ground that the holder of that office was not or is not unable to perform those functions. for the purposes of this constitution a person shall not be considered as holding a public office by reason only of the fact that he is in receipt of a pension or other like allowance in respect of public service. in this constitution references to the public service shall not be construed as including service in the office of governor-general, prime minister or other minister, parliamentary secretary, leader of the opposition, president, deputy president or member of the senate, speaker, deputy speaker, or member of the house of assembly or member of the privy council; the office of a member of the judicial and legal service commission, the public service commission or the police service commission; the office of a member of any board, committee or other similar body (whether incorporated or not) established by any law in force in barbados; or except as otherwise provided in this constitution, the office of a judge. references in this constitution to the power to remove a public officer shall be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service: provided thatnothing in this subsection shall be construed as conferring on any person or authority power to require a judge or the director of public prosecutions or the auditor-general to retire from the public service; and any power conferred by any law to permit a person to retire from the public service shall, in the case of any public officer who may be removed from office by some person or authority other than the governor-general acting in accordance with the advice of a commission established by this constitution, vest in the governor-general acting on the recommendation of the public service commission. where any power is conferred by this constitution to make any proclamation or order or to give any directions, the power shall be construed as including a power exercisable in like manner to amend or revoke any such proclamation, order or directions. no provision of this constitution that any person or authority shall not be subject to the direction or control of any other person or authority in exercising any functions under this constitution shall be construed as precluding a court from exercising jurisdiction in relation to any question whether that person or authority has performed those functions in accordance with this constitution or any other law. the interpretation act as in force on 1st february, 19751 shall apply, with the necessary adaptations, for the purpose of interpreting this constitution and otherwise in relation thereto as it applies for the purpose of interpreting, and in relation to, an act of the legislature of barbados passed after the commencement of the aforesaid act. first schedule oath of allegiance i, , do swear that i will be faithful and bear true allegiance to her majesty queen elizabeth ii, her heirs and successors, according to law. so help me god. oath for the due execution of the office of governor-general. i, , do swear that i will well and truly serve her majesty queen elizabeth ii, her heirs and successors, in the office of governor-general. so help me god. oath for the due execution of the office of prime minister or other minister or parliamentary secretary. i, , being appointed prime minister/minister/parliamentary secretary, do swear that i will to the best of my judgment, at all times when so required, freely give my counsel and advice to the governor-general (or any other person for the time being lawfully performing the functions of that office) for the good management of the public affairs of barbados, and i do further swear that i will not on any account, at any time whatsoever, disclose the counsel, advice, opinion or vote of any particular minister or parliamentary secretary and that i will not, except with the authority of the cabinet and to such extent as may be required for the good management of the affairs of barbados, directly or indirectly reveal the business or proceedings of the cabinet or the nature or contents of any documents communicated to me as prime minister/minister/parliamentary secretary or any matter coming to my knowledge in my capacity as such, and that in all things i will be a true and faithful prime minister/minister/parliamentary secretary. so help me god. oath for the due execution of the office of director of public prosecutions. i, , do swear that i will well and truly serve her majesty queen elizabeth ii, her heirs and successors, in the office of director of public prosecutions. so help me god. judicial oath i, , do swear that i will well and truly serve our sovereign lady queen elizabeth ii, her heirs and successors, in the office of the chief justice/justice of appeal/judge of the high court and i will do right to all manner of people after the laws and usages of barbados without fear or favour, affection or ill will. so help me god. judicial oath for judges of the caribbean court of justice i, , do hereby swear (or solemnly affirm) that i will faithfully exercise the office of president/judge of the caribbean court of justice without fear or favour, affection or ill will and in accordance with the code of judicial conduct. (so help me god (to be omitted in affirmation)). second schedule. provisions relating to certain tribunals if a member of the tribunal dies or resigns from his office or becomes unable to perform the functions thereof, another person qualified to be appointed as a member of the tribunal may be appointed in his place. the governor-general may appoint a secretary to the tribunal to record the proceedings of the tribunal and generally to perform such duties connected with the enquiry as the tribunal may direct. if the members of the tribunal are equally divided on any question that arises during the proceedings of the tribunal, the chairman of the tribunal shall have and exercise a casting vote. the tribunal may regulate its own procedure and may make rules for this purpose. no member of the tribunal shall be liable to any action or suit for anything done by him as a member of the tribunal. the tribunal shall have the powers of the supreme court to summon witnesses, to call for the production of documents and to examine persons appearing before it on oath. all summonses for the attendance of witnesses or the production of documents shall be signed by one of the members of the tribunal, and oaths may be administered by one of the members or by the secretary to the tribunal. 7 all persons summoned to attend and give evidence or to produce documents at any sitting of the tribunal shall be bound to obey the summons served upon them as fully in all respects as witnesses are bound to obey subpoenas issued from the supreme court, and shall be entitled to the like expenses as if they had been summoned at the instance of the crown to attend the supreme court on a criminal trial, if the same shall be allowed by the tribunal, but the tribunal may disallow the whole or any part of such expenses in any case if it thinks fit. the procedure for the payment of such witnesses shall be the same as nearly as may be for the payment of witnesses in the supreme court. every person refusing or omitting, without sufficient cause, to attend at the time and place mentioned in the summons served on him, and every person attending, but leaving the enquiry without the permission of the tribunal, or refusing without sufficient cause to answer, or to answer fully and satisfactorily to the best of his knowledge and belief, all questions put to him by or with the concurrence of the tribunal, or refusing or omitting without sufficient cause to produce any documents in his possession or under his control and mentioned or referred to in the summons served on him, and every person who shall at any sitting of the tribunal wilfully insult any member of the tribunal or the secretary or wilfully interrupt the proceedings of the tribunal shall be liable to a penalty not exceeding five hundred dollars to be recovered in a summary manner before any magistrate. a person giving evidence before the tribunal shall not be compellable to criminate himself, and every such person shall, in respect of any evidence given by him before the tribunal, be entitled to all privileges to which a witness giving evidence before the supreme court is entitled in respect of evidence given by him before that court. the person to whom the enquiry relates shall be entitled to be represented at the enquiry by a person entitled to practise in barbados as a barrister or solicitor, and any other person concerned in the enquiry may, by leave of the tribunal, be so represented. the governor-general may direct the commissioner of police to detail constables to attend upon the tribunal to preserve order during the proceedings of the tribunal, and to serve summonses on witnesses, and to perform such ministerial duties as the tribunal may direct. 10 the governor-general may direct what remuneration, if any, shall be paid to the members of the tribunal and to the secretary, and to any other persons employed in connection with the proceedings of the tribunal; and payment of any other expenses attendant upon the carrying out of the enquiry or upon any proceedings for any penalty under this schedule. any sums directed to be paid under the preceding sub-paragraph are hereby charged on the consolidated fund. no proceeding shall be commenced for any penalty under this schedule except by the direction of the director of public prosecutions or of the tribunal. the tribunal may direct its secretary, or such other person as it may think fit, to commence and prosecute the proceedings for any such penalty. third schedule. rules relating to the constituencies the electorate shall, so far as practicable, be equal in all constituencies: provided that the electorate in any constituency shall, so far as practicable, not exceed 115%, nor be less than 85%, of the total electorate divided by the number of constituencies. natural boundaries such as highways and rivers shall be used wherever possible. preamble whereas the people of antigua and barbudaproclaim that they are a sovereign nation founded upon principles that acknowledge the supremacy of god, the dignity and worth of the human person, the entitlement of all persons to the fundamental rights and freedoms of the individual, the position of the family in a society of free men and women and free institutions; respect the principles of social justice and, therefore, believe that the operation of their economic system should result in the material resources of their community being so distributed as to serve the common good, that there should be adequate means of livelihood for all, that labour should not be exploited or forced by economic necessity to operate in inhumane conditions but that there should be opportunity for advancement on the basis of recognition of merit, ability and integrity; assert their conviction that their happiness and prosperity can best be pursued in a democratic society in which all persons may, to the extent of their capacity, play some part in the national life; recognize that the law symbolises the public conscience, that every citizen owes to it an undivided allegiance not to be limited by any private views of justice or expediency and that the state is subject to the law; desire to establish a framework of supreme law within which to guarantee their inalienable human rights and freedoms, among them, the rights to liberty, property, security and legal redress of grievances, as well as freedom of speech, of the press and of assembly, subject only to the public interest: now, therefore, the following provisions shall have effect as the constitution of antigua and barbuda:chapter i. the state and the constitution 1. the state and its territory antigua and barbuda shall be a unitary sovereign democratic state. the territory of antigua and barbuda shall comprise the islands of antigua, barbuda and redonda and all other areas that were comprised in antigua on 31st october 1981 together with such other areas as may be declared by act of parliament to form part of the territory of antigua and barbuda. 2. constitution is supreme law this constitution is the supreme law of antigua and barbuda and, subject to the provisions of this constitution, if any other laws is inconsistent with this constitution, this constitution shall prevail and the other law shall, to the extent of the inconsistency, be void. chapter ii. protection of fundamental rights and freedoms of the individual 3. fundamental rights and freedoms of the individual whereas every person in antigua and barbuda is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, regardless of race, place of origin, political opinions or affiliations, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namelylife, liberty, security of the person, the enjoyment of property and the protection of the law; freedom of conscience, of expression (including freedom of the press) and of peaceful assembly and association; and protection for his family life, his personal privacy, the privacy of his home and other property and from deprivation of property without fair compensation, the provisions of this chapter shall have effect for the purpose of affording protection to the aforesaid rights and freedoms, subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. 4. protection of right to life no person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a crime of treason or murder of which he has been convicted. a person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use, to such extent and such circumstances as are permitted by law, of such force as is reasonably justifiablefor the defence of any person from violence or for the defence of property; in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; for the purpose of suppressing a riot, insurrection or mutiny; or in order lawfully to prevent the commission by that person of a criminal offence, or if he dies as the result of a lawful act of war. 5. protection of right to personal liberty no person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to sayin consequence of his unfitness to plead to a criminal charge; in execution of the sentence or order of a court, whether established for antigua and barbuda or some other country, in respect of a criminal offence of which he has been convicted; in execution of an order of the high court or of the court of appeal or such other court as may be prescribed by parliament on the grounds of his contempt of any such court or of another court or tribunal; in execution of the order of a court made in order to secure the fulfilment of any obligation imposed on him by law; for the purpose of bringing him before a court in execution of the order of a court; upon reasonable suspicion of his having committed or of being about to commit a criminal offence under any law; under the order of a court or with the consent of his parent or guardian, for his education or welfare during any period ending not later than the date when he attains the age of eighteen years; for the purpose of preventing the spread of an infectious or contagious disease; in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community; for the purpose of preventing the unlawful entry of that person into antigua and barbuda, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from antigua and barbuda or for the purpose of restricting that person while he is being conveyed through antigua and barbuda in the course of his extradition or removal as a convicted prisoner from one country to another; or to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within antigua and barbuda or prohibiting him from being within such an area or to such extent as may be reasonably justifiable for the taking of proceedings against that person relating to the making of any such order or relating to such an order after it has been made, or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of antigua and barbuda in which, in consequence of any such order, his presence would otherwise be unlawful. any person who is arrested or detained shall be informed orally and in writing as soon as reasonably practicable, in language that he understands, of the reason for his arrest or detention. any person who is arrested or detained shall have the right, at any stage and at his own expense, to retain and instruct without delay a legal practitioner of his own choice, and to hold private communications with him, and in the case of a minor he shall also be afforded a reasonable opportunity for communication with his parent or guardian. when a person is arrested, excessive bail shall not be required in those cases where bail is being granted. any person who is arrested or detainedfor the purpose of bringing him before a court in execution of the order of a court; or upon reasonable suspicion of his having committed or being about to commit a criminal offence under any law, and who is not released shall be brought before the court within forty-eight hours after his detention and, in computing time for the purposes of this subsection, sundays and public holidays shall be excluded. if any person arrested or detained as mentioned in subsection (5)(b) of this section is not tried within a reasonable time, then, without prejudice to any further proceedings which may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial and, subject to subsection (4) of this section, such conditions may include bail. any person who is unlawfully arrested or detained by any other person shall, subject to such defences as may be provided by law, be entitled to compensation for such unlawful arrest or detention from the person who made the arrest or effected the detention, from any person or authority on whose behalf the person making the arrest or effecting the detention was acting or from them both: provided that a judge, a magistrate or a justice of the peace or an officer of a court or a police officer acting in pursuance of the order of a judge, a magistrate or a justice of the peace shall not be under any personal liability to pay compensation under this subsection in consequence of any act performed by him in good faith in the discharge of the functions of his office and any liability to pay any such compensation in consequence of any such act shall be a liability of the crown. for the purposes of subsection (1)(b) of this section, a person charged with a criminal offence in respect of whom a special verdict has been returned that he was guilty of the act or omission charged but was insane when he did the act or made the omission shall be regarded as a person who has been convicted of a criminal offence and the detention of that person in consequence of such a verdict shall be regarded as detention in execution of the order of a court. 6. protection from slavery and forced labour no person shall be held in slavery or servitude. no person shall be required to perform forced labour. for the purposes of this section, the expression "forced labour" does not includeany labour required in consequence of the sentence or order of a court; any labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained; any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service; any labour required during any period of public emergency or, in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation. 7. protection from inhuman treatment no person shall be subjected to torture or to inhuman or degrading punishment or other such treatment. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorises the infliction of any description of punishment that was lawful in antigua on 31st october 1981. 8. protection from freedom of movement a person shall not be deprived of his freedom of movement, that is to say, the right to move freely throughout antigua and barbuda, the right to reside in any part of antigua and barbuda, the right to enter antigua and barbuda, the right to leave antigua and barbuda and immunity from expulsion from antigua and barbuda. any restrictions on a person's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this section. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provisionfor the imposition of restrictions on the movements or residence within antigua and barbuda of any person or on any person's right to leave antigua and barbuda that are reasonably required in the interests of defence, public safety or public order; for the imposition of restrictions on the movements or residence within antigua and barbuda or on the right to leave antigua and barbuda of persons generally or any class of persons in the interests of defence, public safety, public order, public morality, or public health or, in respect of the right to leave antigua and barbuda, of securing compliance with any international obligation of antigua and barbuda particulars of which have been laid before the house and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society; for the imposition of restrictions, by order of a court, on the movement or residence within antigua and barbuda of any person or on any person's right to leave antigua and barbuda either in consequence of his having been found guilty of a criminal offence under a law or for the purpose of ensuring that he appears before a court at a later date for trial of such a criminal offence or for proceedings relating to his extradition or lawful removal from antigua and barbuda; for the imposition of restrictions on the freedom of movement of any person who is not a citizen; for the imposition of restrictions on the acquisition or use by any person of land or other property in antigua and barbuda; for the imposition of restrictions upon the movement or residence within antigua and barbuda or on the right to leave antigua and barbuda of any public officer that are reasonably required for the proper performance of his functions; for the removal of a person from antigua and barbuda to be tried or punished in some other country for a criminal offence under the law of that other country or to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offence under a law of which he has been convicted; or for the imposition of restrictions on the right of any person to leave antigua and barbuda that are reasonably required in order to secure the fulfilment of any obligations imposed on that person by law and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. if any person whose freedom of movement has been restricted by virtue of such a provision as is referred to in subsection (3)(a) of this section so requests at any time during the period of that restriction not earlier than two months after the restriction was imposed or two months after he last made such a request, as the case may be, his case shall be reviewed by an independent and impartial tribunal consisting of a president who shall be a legal practitioner of not less than seven years standing appointed by the chief justice and two other members appointed by the governor-general acting in his discretion. on any review by a tribunal in pursuance of subsection (4) of this section of the case of any person whose freedom of movement has been restricted, the tribunal may make recommendations concerning the necessity for or expediency of the continuation of that restriction to the authority by whom it was ordered and, unless it is otherwise provided by law, that authority shall be obliged to act in accordance with any such recommendations. 9. protection from deprivation of property no property of any description shall be compulsorily taken possession of, and no interest in or right to or over property of any description shall be compulsorily acquired, except for public use and except in accordance with the provisions of a law applicable to that taking of possession or acquisition and for the payment of fair compensation within a reasonable time. every person having an interest in or right to or over property which is compulsorily taken possession of or whose interest in or right to or over any property is compulsorily acquired shall have the right of access to the high court forthe determination of his interest or right, the legality of the taking of possession or acquisition of the property, interest or right and the amount of any compensation to which he is entitled; and the purpose of obtaining payment of that compensation: provided that if parliament so provides in relation to any matter referred to in paragraph (a) of this subsection the right of access shall be by way of appeal (exercisable as of right at the instance of the person having the interest in or right to or over the property) from a tribunal or authority, other than the high court, having jurisdiction under any law to determine that matter. the chief justice may make rules with respect to the practice and procedure of the high court or any other tribunal or authority in relation to the jurisdiction conferred on the high court by subsection (2) of this section or exercisable by the other tribunal or authority for the purposes of that subsection (including rules with respect to the time within which application or appeals to the high court or applications to the other tribunals or authority may be brought). nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) of this sectionto the extent that the law in question makes provision for the taking of possession or acquisition of any property, interest or rightin satisfaction of any tax, rate or due; by way of penalty for breach of the law or forfeiture in consequence of breach of the law; as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract; in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations; in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or likely to be injurious to the health of human beings, animals or plants; in consequence of any law with respect to the limitation of actions; for so long as may be necessary for the purposes of any examination, investigation, trial or enquiry or, in the case of land, for the purposes of the carrying out thereon of work of soil conservation or the conservation of other natural resources or work relating to agricultural development or improvement (being work relating to such development or improvement that the owner or occupier of the land has been required, and has without reasonable excuse refused or failed, to carry out), and except so far as the provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society; to the extent that the law in question makes provision for the taking of possession or acquisition of any of the following property (including an interest in or right to or over property), that is to sayenemy property; property of a deceased person, a person of unsound mind or a person who had not attained the age of eighteen years, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein; the property of a person adjudged bankrupt or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the bankrupt or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; or property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court or by order of a court for the purposes of giving effect to the trust. nothing contained in or done under the authority of any law enacted by parliament shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision for the compulsory taking of possession of any property, or the compulsory acquisition of any interest in or right to or over property, where that property, interest or right is held by a body corporate established by law for public purposes in which no monies have been invested other than monies provided by parliament or any legislature established for the former colony or associated state of antigua. for the purposes of this section, "use" is "public" if it is intended to result or results in a benefit or advantage to the public and, without prejudice to its generality, includes any use affecting the physical, economic, social or aesthetic well-being of the public. 10. protection of person or property from arbitrary search or entry except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provisionthat is reasonably required in the interests of defence, public safety, public order, public morality, public health, public revenue, town and country planning or the development and utilization of property in such a manner as to promote the public benefit; that authorises an office or agent of the government, a local government authority or a body corporate established by law for public purposes to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or due in order to carry out work connected with any property that is lawfully on those premises and that belongs to the government, or to that authority or body corporate, as the case may be; that is reasonably required for the purpose of preventing or detecting crime; that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or that authorises, for the purpose of enforcing the judgment or order of a court in any proceedings, the search of any person or property by order of a court or entry upon any premises by such order, and except so far as that provision or, as the case may be, anything done under the authority thereof is shown not to be reasonably justifiable in a democratic society. 11. protection of freedom of conscience except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance. except with his own consent (or, if he is under the age, of eighteen years, the consent of his parent or guardian) no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion other than his own. no person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision that is reasonably requiredin the interests of defence, public safety, public order, public morality or public health; or for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion without the unsolicited intervention of members of any other religion, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. reference in this section to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly. 12. protection of freedom of expression including freedom of the press except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression. for the purposes of this section the said freedom includes the freedom to hold opinions without interference, freedom to receive information and ideas without interference, freedom to disseminate information and ideas without interference (whether the dissemination be to the public generally or to any person or class of persons) and freedom from interference with his correspondence or other means of communication. for the purposes of this section expression may be oral or written or by codes, signals, signs or symbols and includes recordings, broadcasts (whether on radio or television), printed publications, photographs (whether still or moving), drawings, carvings and sculptures or any other means of artistic expression. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provisionthat is reasonably requiredin the interests of defence, public safety, public order, public morality or public health; or for the purpose of protecting the reputations, rights and freedoms of other persons, or the private lives of persons concerned in legal proceedings and proceedings before statutory tribunals, preventing the disclosure of information received in confidence, maintaining the authority and independence of parliament and the courts, or regulating telephony, posts, broadcasting or other means of communication, public entertainments, public shows; or that imposes restrictions upon public officers that are reasonably required for the proper performance of their functions, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. 13. protection of freedom of assembly and association except with his own consent, no person shall be hindered in the enjoyment of his freedom of peaceful assembly and association, that is to say, his right peacefully to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the promotion and protection of his interests. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provisionthat is reasonably requiredin the interests of defence, public order, public morality or public health; or for the purpose of protecting the rights or freedoms of other persons; or that imposes restrictions upon public officers that are reasonably required for the proper performance of their functions, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. 14. protection from discrimination on the grounds of race, sex etc subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision that is discriminatory either of itself or in its effect. subject to the provisions of subsections (6), (7) and (8) of this section, no person shall be treated in a discriminatory manner by any person acting by virtue of any law or in the performance of the functions of any public office or any public authority. in this section, the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions or affiliations, colour, creed, or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages that are not accorded to persons of another such description. subsection (1) of this section shall not apply to any law so far as the law makes provisionfor the appropriation of public revenues or other public funds; with respect to persons who are not citizens; or whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any disability or restriction or may be accorded any privilege or advantage that, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society. nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that it makes provision with respect to qualifications (not being qualifications specifically relating to race, place of origin, political opinions or affiliations, colour, creed or sex) for service as a public officer or as a member of a disciplined force or for the service of a local government authority or a body corporate established by any law for public purposes. subsection (2) of this section shall not apply to anything that is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (4) or (5) of this section. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 8, 10, 11, 12 and 13 of this constitution, being such a restriction as is authorised by paragraph (a) or (b) of subsection (3) of section 8, subsection (2) of section 10, subsection (4) of section 11, subsection (4) of section 12 or subsection (2) of section 13, as the case may be. nothing in subsection (2) of this section shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this constitution or any other law. 15. provision to secure protection of the law if any person is charged with a criminal offence then, unless the charge is withdrawn, he shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law. every person who is charged with a criminal offenceshall be presumed to be innocent until he is proved or has pleaded guilty; shall be informed orally and in writing as soon as reasonably practicable, in language that he understands, of the nature of the offence with which he is charged; shall be given adequate time and facilities for the preparation of his defence; shall be permitted to defend himself before the court in person or by a legal practitioner of his own choice; shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge, and except with his own consent the trial shall not take place in his absenceexcept where, under the provisions of any law entitling him thereto, he is given adequate notice of the charge, the date, time and place of the trial or continuance thereof and afforded a reasonable opportunity of appearing before the court: provided that where the foregoing conditions have been complied with, and the court is satisfied that owing to circumstances beyond his control he cannot appear, the trial shall not take place or continue in his absence; or unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence. when a person is tried for any criminal offence the accused person or any person authorised by him in that behalf shall, if he so requires and subject to payment of such reasonable fees as may be prescribed by law, be given within a reasonable time after judgment a copy of any record of the proceedings made by or on behalf of the court. no person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence that is more severe in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed. no person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any criminal offence of which he could have been convicted at the trial for the offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal. no person shall be tried for a criminal offence if he shows that he has been pardoned for that offence. no person who is tried for a criminal offence shall be compelled to give evidence at the trial. any court or other authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any persons before such a court or other authority, the case shall be given a fair hearing within a reasonable time. except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other authority, including the announcement of the decision of the court or other authority, shall be held in public. nothing in subsection (9) of this section shall prevent the court or other authority from excluding from the proceedings persons other than the parties thereto and the legal practitioners representing them to such an extent as the court or other authoritymay by law be empowered to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory proceedings or in the interests of public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings; or may by law be empowered or required to do in the interests of defence, public safety, public order or public morality. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention ofsubsection (2)(a) of this section, to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts; subsection (2)(e) of this section, to the extent that the law in question imposes reasonable conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or subsection (5) of this section, to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force so however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law. in the case of any person who is held in lawful detention, the provisions of subsection (1), paragraphs (d) and (e) of subsection (2), and subsection (3) of this section shall not apply in relation to his trial for a criminal offence under the law regulating the discipline of persons held in such detention. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (2) of this section to the extent that it authorises the trial of a defendant by a magistrate for a summary offence to take place in the defendant's absence. in this section "criminal offence" means a criminal offence under any law. 16. derogations from fundamental rights and freedoms under emergency powers nothing contained in or done under the authority of a law enacted by parliament shall be held to be inconsistent with or in contravention of section 5 or section 14 of this constitution to the extent that the law authorises the taking during any period of public emergency of measures that are reasonably justifiable, for dealing with the situation that exists in antigua and barbuda during that period. 17. protection of persons detained-under emergency laws when a person is detained by virtue of any such law as is referred to in section 16 of this constitution the following provisions shall apply, that is to sayhe shall, with reasonable promptitude and in any case not more than seven days after the commencement of his detention, be informed in a language that he understands and in detail of the grounds upon which he is detained and furnished with a written statement in english specifying those grounds in detail; not more than fourteen days after the commencement of his detention a notification shall be published in the official gazette stating that he has been detained and giving particulars of the provision of law under which his detention is authorised; not more than one month after the commencement of his detention and thereafter during the detention at intervals of not more than six months, his case shall be reviewed by an independent and impartial tribunal established by law and presided over by a suitably qualified legal practitioner of at least seven years standing appointed by the chief justice; he shall be afforded reasonable facilities to consult a legal representative of his own choice who shall be permitted to make representations to the tribunal appointed for the review of the case of the detained person; and at the hearing of his case by the tribunal appointed for the review of his case he shall be permitted to appear in person or by a legal practitioner of his own choice. on any review by a tribunal in pursuance of this section of the case of a detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by which it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations. nothing contained in subsection (1)(d) or subsection (1)(e) of this section shall be construed as entitling a person to legal representation at public expense. 18. enforcement of protective provisions if any person alleges that any of the provisions of sections 3 to 17 (inclusive) of this constitution has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter that is lawfully available, that person (or that other person) may apply to the high court for redress. the high court shall have original jurisdictionto hear and determine any application made by any person in pursuance of subsection (1) of this section; and to determine any question arising in the case of any person that is referred to it in pursuance of subsection (3) of this section, and may make such declaration and orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of sections 3 to 17 (inclusive) of this constitution: provided that the high court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law. if in any proceedings in any court (other than the court of appeal, the high court or a court-martial) any question arises as to the contravention of any of the provisions of sections 3 to 17 (inclusive) of this constitution, the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question to the high court unless, in his opinion, the raising of the question is merely frivolous or vexatious. where any question is referred to the high court in pursuance of subsection (3) of this section, the high court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal to the court of appeal or to her majesty in council, in accordance with the decision of the court of appeal or, as the case may be, of her majesty in council. there shall be such provision as may be made by parliament for conferring upon the high court such powers in addition to those conferred by this section as may appear to be necessary or desirable for the purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by this section. the chief justice may make rules with respect to the practice and procedure of the high court in relation to the jurisdiction and powers conferred on it by or under this section (including rules with respect to the time within which applications may be brought and references shall be made to the high court). 19. protection from derogations from fundamental rights and freedoms generally except as is otherwise expressly provided in this constitution, no law may abrogate, abridge or infringe or authorise the abrogation, abridgement or infringement of any of the fundamental rights and freedoms of the individual hereinbefore recognised and declared. 20. declaration of public emergency the governor-general may, by proclamation which shall be published in the official gazette, declare that a state of public emergency exists for the purposes of this chapter. every declaration shall lapsein the case of a declaration made when parliament is sitting, at the expiration of a period of seven days beginning with the date of publication of the declaration; and in any other case, at the expiration of a period of twenty-one days beginning with the date of publication of the declaration, unless it has in the meantime been approved by resolutions of both houses of parliament. a declaration of public emergency may at any time be revoked by the governor-general by proclamation which shall be published in the official gazette. a declaration of public emergency that has been approved of by resolutions of the houses of parliament in pursuance of subsection (2) of this section shall, subject to the provisions of subsection (3) of this section, remain in force so long as the resolutions of those houses remain in force and no longer. a resolution of a house of parliament passed for the purposes of this section shall remain in force for three months or such shorter period as may be specified therein: provided that any such resolution may be extended from time to time by a further such resolution each extension not exceeding three months from the date of the resolution effecting the extension and any such resolution may be revoked at any time by a resolution of that house. any provision of this section that a declaration of emergency shall lapse or cease to be in force at any particular time is without prejudice to the making of a further such declaration whether before or after that time. a resolution of a house of parliament for the purposes of subsection (2) of this section and a resolution extending any such resolution shall not be passed unless it is supported by the votes of a majority of all members of that house. the governor-general may summon the houses of parliament to meet for the purpose of subsection (2) of this section notwithstanding that parliament stands dissolved, and the persons who were members of the senate and the house immediately before the dissolution shall be deemed, for those purposes, still to be members of those houses, but, subject to the provisions of sections 33 and 42 of this constitution (which relate to the election of the president, vice-president, the speaker, and the deputy speaker) a house of parliament shall not, when summoned by virtue of this subsection, transact any business other than debating and voting upon a resolution for the purposes of subsection (2) of this section. 21. interpretation and savings in this chapter, unless the context otherwise requires"contravention", in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly; "court" means any court of law having jurisdiction in antigua and barbuda other than a court established by a disciplinary law, and includes her majesty in council and, in section 4 of this constitution, a court established by a disciplinary law; "disciplinary law" means a law regulating the discipline of any disciplined force; "disciplined force" meansa naval, military or air force; the police force; or a prison service; "member", in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline; "legal practitioner" means a person entitled to practise as a barrister in antigua and barbuda or, except in relation to proceedings before a court in which a solicitor has no right of audience, entitled to practise as a solicitor in antigua and barbuda. in relation to any person who is a member of a disciplined force raised under any law, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this chapter other than sections 4, 6 and 7 of this constitution. in relation to any person who is a member of a disciplined force raised otherwise than as aforesaid and lawfully present in antigua and barbuda, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this chapter. in this chapter "public emergency" means any period during whichher majesty is at war; or there is in force a declaration of emergency under section 20 of this constitution, or there are in force resolutions of both houses of parliament supported by the votes of not less than two-thirds of all the members of each house declaring that democratic institutions in antigua and barbuda are threatened by subversion. a proclamation made by the governor-general shall not be effective for the purposes of section 20 of this constitution unless it contains a declaration that the governor-general is satisfiedthat a public emergency has arisen as a result of the imminence of a state of war between her majesty and a foreign state or as a result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence, outbreak of infectious disease or other calamity whether similar to the foregoing or not; or that action has been taken or is immediately threatened by any person or body of persons of such a nature and on so extensive a scale as to be likely to endanger the public safety or to deprive the community, or any substantial portion of the community, of supplies or services essential to life. chapter iii. the governor-general 22. establishment of office there shall be a governor-general of antigua and barbuda who shall be a citizen appointed by her majesty and shall hold office during her majesty's pleasure and who shall be her majesty's representative in antigua and barbuda. 23. acting governor-general during any period when the office of governor-general is vacant or the holder of the office of governor-general is absent from antigua and barbuda or is for any other reason unable to perform the functions of his office those functions shall be performed by such person as her majesty may appoint. any such person as aforesaid shall not continue to perform the functions of the office of governor-general if the holder of the office of governor-general has notified him that he is about to assume or resume those functions. the holder of the office of governor-general shall not for the purposes of this section, be regarded as absent from antigua and barbuda or as unable to perform the functions of his officeby reason that he is in passage from one part of antigua and barbuda to another; or at any time when there is a subsisting appointment of a deputy under section 25 of this constitution. 24. oaths a person appointed to hold or act in the office of governor-general shall, before entering upon the duties of that office, take and subscribe the oath of allegiance and the oath of office. 25. deputy to governor-general when the governor-generalhas occasion to be absent from the seat of government but not from antigua and barbuda; has occasion to be absent from antigua and barbuda for a period that he considers, in his discretion, will be of short duration; or is suffering from an illness that he considers, in his discretion, will be of short duration, he may, acting in accordance with the advice of the prime minister, appoint any person in antigua and barbuda to be his deputy during such absence or illness and in that capacity to perform on his behalf such of the functions of the office of governor-general as may be specified in the instrument by which he is appointed. the power and authority of the governor-general shall not be abridged, altered or in any way affected by the appointment of a deputy under this section, and subject to the provisions of this constitution, a deputy shall conform to and observe all instructions that the governor-general, in his discretion, may from time to time address to him: provided that the question whether or not a deputy has conformed to and observed any such instructions shall not be enquired into by any court of law. a person appointed as deputy under this section shall hold that appointment for such period as may be specified in the instrument by which he is appointed, and his appointment may be revoked at any time by the governor-general, acting in accordance with the advice of the prime minister. 26. public seal the governor-general shall keep and use the public seal for sealing all things that shall pass under the public seal. chapter iv. parliament part 1. establishment and composition of parliament 27. establishment of parliament there shall be a parliament in and for antigua and barbuda which shall consist of her majesty, a senate and a house of representatives. the senate 28. composition of the senate the senate shall consist of seventeen persons who, being qualified for appointment as senators in accordance with the provisions of this constitution, have been so appointed in accordance with the provisions of this section and such temporary members (if any) as may be appointed in accordance with the provisions of section 32 of this constitution. ten senators shall be appointed by the governor-general acting in accordance with the advice of the prime minister. four senators shall be appointed by the governor-general acting in accordance with the advice of the leader of the opposition. subject to subsection (7) of this section, one senator shall be appointed by the governor-general in his discretion from outstanding persons or persons representing such interests as the governor-general considers ought to be represented in the senate. one senator shall be appointed by the governor-general acting in accordance with the advice of the barbuda council. one senator, being an inhabitant of barbuda, shall be appointed by the governor-general in accordance with the advice of the prime minister. before appointing any person representing interests under subsection (4) of this section the governor-general shall consult such persons as in his discretion he considers can speak for the interests concerned and ought to be consulted. 29. qualifications for appointment as senators subject to the provisions of section 30 of this constitution any person who at the date of his appointmentis a citizen of the age of twenty-one years or upwards; has resided in antigua and barbuda for a period of twelve months immediately preceding the date of his appointment; and is able to speak and, unless incapacitated by blindness or other physical cause, to read the english language with sufficient proficiency to enable him to take an active part in the proceedings of the senate, shall be qualified to be appointed as a senator. 30. disqualifications from appointment as senators no person shall be qualified to be appointed as a senator whois, by virtue of his own act, under any acknowledgement or allegience, obedience or adherence to a foreign power or state; is a member of the house; is an undischarged bankrupt, having been declared bankrupt under any law; is a person certified to be insane or otherwise adjudged to be of unsound mind under any law; is under sentence of death imposed on him by a court or has been sentenced to imprisonment (by whatever name called) for a term of or exceeding twelve months and has not either suffered the punishment to which he was sentenced or such other punishment as may by competent authority have been substituted therefor, or received a free pardon; is disqualified for election to the house by or under any law by reason of his connection with any offence relating to elections; holds or is acting in any public office or in the office of judge of the supreme court or ombudsman, or is a member of the constituencies boundaries commission, the judicial and legal services commission, the public service commission or the police service commission; has, within the period of ten years immediately preceding the proposed date of his appointment as a senator, been convicted on indictment by a court of competent jurisdiction of theft, fraud or other such crime involving dishonesty and whohas not appealed against that conviction; or has appealed against that conviction and whose appeal has not been allowed; and has not received a free pardon in respect of the offence; or is a minister of religion. without prejudice to the provisions of subsection (1)(g) of this section, parliament may provide that person shall not be qualified for appointment as a senator in any of the following casesif he holds or is acting in any office that is specified by parliament and the functions of which involve responsibility for, or in connection with, the conduct of an election or the compilation or revision of any register of electors for the purposes of an election; subject to any exceptions and limitations prescribed by parliament, ifhe holds or is acting in any office or appointment prescribed by parliament either individually or by reference to a class of office or appointment; he belongs to any armed force of antigua and barbuda or to any class of person that is comprised in any such force; or he belongs to the police force or to any class of person that is comprised in the police force. for the purpose of subsection (1)(e) of this sectiontwo or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds twelve months, but if any one of such sentences exceeds that term they shall be regarded as one sentence; and no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine. 31. tenure of office of senators every senator shall vacate his seat in the senateat the next dissolution of parliament after he has been appointed; if he is with his consent nominated as a candidate for election to the house; if he ceases to be a citizen; if he is absent from the sittings of the senate for such period or periods and in such circumstances as may be prescribed by the rules of procedure of the senate; subject to the provisions of subsection (2) of this section, if any circumstances arise that, if he were not a senator, would cause him to be disqualified for appointment as such by virtue of subsection (1) of section 30 of this constitution or of any law enacted in pursuance of subsection (2) of that section; if the governor-general, acting in accordance with the advice of prime minister in the case of a senator appointed in accordance with that advice, or in accordance with the advice of the leader of the opposition in the case of a senator appointed in accordance with that advice, or in accordance with the advice of the barbuda council in the case of a senator appointed in accordance with that advice, or in his discretion in the case of a senator appointed by him in his discretion, declares the seat of that senator to be vacant; or if, having been appointed under the provisions of section 28(6) of this constitution, he ceases to be an inhabitant of barbuda. 2 if circumstances such as are referred to in subsection (1)(e) of this section arise because a senator is convicted of a felony or of any other offence involving dishonesty, sentenced to death or imprisonment, adjudged to be of unsound mind, or declared bankrupt or is convicted of any offence relating to elections in circumstances that disqualify him for election to the house, and if it is open to the senator to appeal against the decision (either with the leave of a court or other authority or without such leave), he shall forthwith cease to perform his functions as a senator but, subject to the provisions of this subsection, he shall not vacate his seat until the expiration of thirty days thereinafter: provided that the president may, at the request of the senator, from time to time extend that period for further periods of thirty days to enable the senator to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the senate. if on the determination of an appeal, such circumstances continue to exist and no further appeal is open to the senator, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the senator to appeal, he shall forthwith vacate his seat. if at any time before the senator vacates his seat such circumstances as aforesaid cease to exist his seat shall not become vacant on the expiration of the period referred to in paragraph (a) of this subsection and he may resume the performance of his functions as a senator. 32. appointment of temporary senators whenever a senator is incapable of performing his functions as a senator by reason of his absence from antigua and barbuda or by reason of his suspension under section 31(2) of this constitution or by reason of illness, the governor-general may appoint a person qualified for appointment as a senator to be temporarily a member of the senate during such absence, suspension or illness. the provisions of section 31 of this constitution shall apply to a member of the senate appointed under this section as they apply to a senator appointed under section 28 of this constitution and an appointment made under this section shall in any case cease to have effect if the person appointed is notified by the governor-general that the circumstances giving rise to his appointment have ceased to exist. in the exercise of the powers conferred upon him by this section, the governor-general shall actin accordance with the advice of the prime minister in relation to a senator appointed in pursuance of section 28(2) or 28(6) of this constitution; in accordance with the advice of the leader of the opposition in relation to a senator appointed in pursuance of section 28(3) of this constitution; in his discretion in relation to a senator appointed by him pursuant to section 28(4) of this constitution; and in accordance with the advice of the barbuda council in relation to a senator appointed in pursuance of section 28(5) of this constitution. 33. president and vice-president when the senate first meets after any general election and before it proceeds to the despatch of any other business, it shall elect a senator to be president, and if the office of president falls vacant at any time before the next dissolution of parliament, the senate shall, as soon as practicable, elect another senator to be president. when the senate first meets after any general election and before it proceeds to any other business except the election of the president, it shall elect a senator to be vice-president; and if the office of vice-president falls vacant at any time before the next dissolution of parliament, the senate shall, as soon as practicable, elect another senator to be vice-president. the senate shall not elect a senator who is a minister or parliamentary secretary to be president or vice-president. no business (other than the election of a president) shall be transacted in the senate at any time when the office of the president is vacant. a person shall vacate the office of president or vice-presidentif he ceases to be a senator, except that the president shall not vacate his office by reason only that he has ceased to be a senator on a dissolution of parliament until the senate first meets after that dissolution; or if he is appointed to be a minister or parliamentary secretary or; in the case of the vice-president, if he is elected to be president. 6 if, under section 31(2) of this constitution, the person who is president or vice-president is suspended from the performance of his functions as a senator, he shall also cease to perform his functions as president or vice-president, as the case may be, and those functions shall, until he vacates his seat in the senate or resumes the performance of his functions as senator, be performedin the case of the president, by the vice-president or if the office of vice-president is vacant or the person who is vice-president is suspended from the performance of his functions as a senator under section 31(2) of this constitution, by such senator (not being a minister or a parliamentary secretary) as the senate may elect for the purpose; and in the case of the vice-president, by such senator (not being a minister or parliamentary secretary) as the senate may elect for the purpose. if the president or vice-president resumes the performance of his functions as a senator in accordance with the provisions of section 31(2) of this constitution, he shall also resume the performance of his functions as president or vice-president, as the case may be. 34. attendance of attorney-general at proceedings of senate the president, vice-president or other member presiding in the senate may request the attorney-general to attend any proceedings of the senate if he considers that the business before the senate in those proceedings makes the presence of the attorney-general desirable; and where he is so requested the attorney-general may take part in the proceedings of the senate solely for the purpose of giving explanations concerning matters before the senate in those proceedings and he shall not vote in the senate. 35. attendance at proceedings of senate of ministers who are members of the house the president, vice-president or other member presiding in the senate may request a minister who is a member of the house to attend any proceedings of the senate if he considers that the business before the senate in those proceedings falls within the portfolio of the minister concerned and if he considers the presence of such minister desirable. a minister who is so requested to attend any proceedings of the senate may take part in the proceedings solely for the purpose of giving explanations concerning matters falling within his portfolio and he shall not vote in the senate. the house of representatives 36. composition of the house subject to the provisions of this section, the house shall consist of a number of elected members equal to the number of constituencies from time to time established by order under part 4 of this chapter, who shall be elected in such a manner as may, subject to the provisions of this constitution, be prescribed by or under any act of parliament. if the person holding the office of speaker is not otherwise a member of the house, he shall be a member of the house by virtue of holding that office. if the person holding or acting in the office of attorney-general is not otherwise a member of the house he shall be a member of the house by virtue of holding or acting in that office but shall not vote in the house. 37. attendance at proceedings of the house of ministers who are senators the speaker, deputy speaker or other member presiding in the house may request a minister who is a senator to attend any proceedings of the house if he considers that the business before the house in those proceedings falls within the portfolio of the minister concerned and if he considers the presence of such minister desirable. a minister who is so requested to attend any proceedings of the house may take part in the proceedings solely for the purpose of giving explanations concerning matters falling within his portfolio and he shall not vote in the house. 38. qualifications for election as a member of the house subject to the provisions of section 39 of this constitution, any person who at the date of his electionis a citizen of the age of twenty-one years or upwards; has resided in antigua and barbuda for a period of twelve months immediately preceding the date of his election; and is able to speak and, unless incapacitated by blindness or other physical cause, to read the english language with sufficient proficiency to enable him to take an active part in the proceedings of the house, shall be qualified to be elected as a member of the house. 39. disqualifications from election as a member of the house no person shall be qualified to be elected as a member of the house whois, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state; is a senator or temporary member of the senate; is an undischarged bankrupt, having been declared bankrupt under any law; is a person certified to be insane or otherwise adjudged to be of unsound mind under any law; is under sentence of death imposed on him by a court or has been sentenced to imprisonment (by whatever name called) for a term of or exceeding twelve months and has not either suffered the punishment to which he was sentenced or such other punishment as may by competent authority have been substituted therefor, or received a free pardon; is disqualified for appointment to the house by or under any law by reason of his connection with any offence relating to elections; holds or is acting in any public office or in the office of judge of the supreme court or ombudsman or is a member of the constituencies boundaries commission, the judicial and legal services commission, the public service commission or the police service commission; has, within the period of ten years immediately preceding the proposed date of his election as a member of the house, been convicted on indictment by a court of competent jurisdiction of theft, fraud, or other such crime involving dishonesty and whohas not appealed against that conviction, or has appealed against that conviction and whose appeal has not been allowed; and has not received a free pardon in respect of the offence; or is a minister of religion. without prejudice to the provisions of subsection (1)(g) of this section, parliament may provide that a person shall not be qualified for election as a member of the house in any of the following casesif he holds or is acting in any office that is specified by parliament and the functions of which involve responsibility for, or in connection with, the conduct of an election or the compilation or revision of any register of electors for the purposes of an election; subject to any exceptions and limitations prescribed by parliament, ifhe holds or is acting in any office or appointment prescribed by parliament either individually or by reference to a class of office or appointment; or he belongs to any armed force of antigua and barbuda or to any class of person that is comprised in any such force. for the purpose of subsection (1)(e) of this section, two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds twelve months but if any of such sentences exceeds that term they shall be regarded as one sentence; and no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine. 40. election of members of the house each of the constituencies established in accordance with the provisions of section 62 of this constitution shall return one member to the house who shall be directly elected in such manner as may, subject to the provisions of this constitution, be prescribed by or under any law. every commonwealth citizen of the age of eighteen years or upwards who possesses such qualifications relating to residence or domicile in antigua and barbuda as parliament may prescribe shall, unless he is disqualified by any law from registration as a voter for the purpose of electing a member of the house, be entitled to be registered as such a voter in accordance with the provisions of any law in that behalf and no other person may be registered. every person who is registered as a voter in pursuance of subsection (2) of this section in any constituency shall, unless he is disqualified by any law from voting in that constituency in any election of members of the house, be entitled so to vote in accordance with the provisions of any law in that behalf. in any election of members of the house the votes shall be exercised freely and shall be given by secret ballot in such manner as parliament may prescribe. 41. tenure of seats of members of the house every member of the house shall vacate his seat in the houseat the next dissolution of parliament after he has been elected; if he ceases to be a citizen; if he is absent from the sittings of the house for such period or periods and in such circumstances as may be prescribed in the rules of procedure of the house; subject to the provisions of subsection (2) of this section, if any circumstances arise that, if he were not a member of the house, would cause him to be disqualified from election as such by virtue of section 39(1) of this constitution; or if, having been elected to the house by virtue of being a member of a political party, he resigns his party whip and withdraws his allegiance from that party: provided that he shall not be required to vacate his seat so long as he remains an independent member of the house. 2 if circumstances such as are referred to in subsection (1)(d) of this section arise because a member of the house is convicted of a felony or of any other offence involving dishonesty, sentenced to death or imprisonment, adjudged to be of unsound mind, or declared bankrupt, or is convicted of any offence relating to elections in circumstances that disqualify him for election to the house, and if it is open to the member to appeal against the decision (either with the leave of a court or other authority or without such leave), he shall forthwith cease to perform his functions as a member of the house but, subject to the provision of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafter: provided that the speaker may, at the request of the member from time to time, extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the house. if on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the member, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal to leave to appeal or for any other reason, it ceases to be open to the member to appeal, he shall forthwith vacate his seat. if at any time before the member of the house vacates his seat such circumstances as aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (a) of this subsection and he may resume the performance of his functions as a member of the house. where an elected member of the house vacates his seat in the house pursuant to the provisions of paragraph (b) to (e) of subsection (1) of this section or of subsection (2) of this section or where the seat of an elected member of the house is vacant for any other reason except a dissolution of parliament, there shall be a by-election to fill the seat in the house vacated by that member and the by-election shall be held not later than one hundred and twenty days after the day on which the seat of the member of the house became vacant unless parliament is sooner dissolved. 42. speaker and deputy speaker when the house first meets after any general election and before it proceeds to the despatch of any other business, it shall elect a person to be the speaker; and if the office of speaker falls vacant at any time before the next dissolution of parliament the house shall, as soon as practicable, elect another person to that office. the speaker may be elected either from among the members of the house or from among persons who are not members of the house but are qualified to be elected as such. when the house first meets after any general election, and before it proceeds to any other business except the election of the speaker, it shall elect a member of the house to be deputy speaker, and if the office of deputy speaker falls vacant at any time before the next dissolution of parliament the house shall, as soon as practicable, elect another such member to that office. the house shall not elect a member who is a minister or parliamentary secretary to be a speaker or deputy speaker of the house. no business (other than the election of a speaker) shall be transacted in the house at any time when the office of speaker is vacant. a person shall vacate the office of speakerin the case of a speaker elected from among persons who are not members of the housewhen the house first meets after any dissolution of parliament; or if he ceases to be a citizen; if any circumstances arise that would cause him to be disqualified for election as a member of the house by virtue of any of the provisions of section 39 of this constitution; or in the case of a speaker elected from among the members of the houseif he ceases to be a member of the house except that the speaker shall not vacate his office by reason only that he has ceased to be a member of the house on a dissolution of parliament until the house first meets after the dissolution; or if he is appointed to be a minister or parliamentary secretary. a person shall vacate the office of deputy speakerif he ceases to be a member of the house; if he is appointed to be a minister or a parliamentary secretary; or if he is elected to be speaker. 8 if, by virtue of section 41(2) of this constitution, the speaker or deputy speaker is required to cease to perform his functions as a member of the house, he shall also cease to perform his functions as speaker or deputy speaker, as the case may be, and those functions shall, until he vacates his seat in the house or resumes the performance of the functions of his office, be performedin the case of the speaker, by the deputy speaker or, if the office of deputy speaker is vacant or the deputy speaker is required to cease to perform his functions as a member of the house by virtue of section 41(2) of this constitution, by such member of the house (not being a minister or parliamentary secretary) as the house may elect for the purpose; or in the case of the deputy speaker, by such member of the house (not being a minister or parliamentary secretary) as the house may elect for the purpose. if the speaker or deputy speaker resumes the performance of his functions as a member of the house in accordance with the provisions of section 41(2) of this constitution, he shall also resume the performance of his functions as speaker or deputy speaker, as the case may be. 43. clerks to houses of parliament and their staffs there shall be a clerk to the senate and a clerk to the house but the two offices may be held by the same person. subject to the provisions of any law enacted by parliament, the office of clerk of each house of parliament and the offices of the members of their staff shall be public offices. 44. determination of questions of membership the high court shall have jurisdiction to hear and determine any question whetherany person has been validly elected as a member of the house; any person has been validly appointed as a senator or as a temporary member of the senate; any person who has been elected as speaker from among persons who were not members of the house was qualified to be so elected or has vacated the office of speaker; or any member of the house has vacated his seat or is required under the provisions of section 41(2) of this constitution to cease to perform any of his functions as a member of the house. any application to the high court for the determination of any question under subsection (1)(a) of this section may be made by any person entitled to vote in the election to which the application relates or by any person who was a candidate at that election or by the attorney-general. an application to the high court for the determination of any question under subsection (1)(b) or subsection (1)(c) of this section may be made by any member of the house or by the attorney-general. an application to the high court for the determination of any question under subsection (1)(d) of this section may be madeby any member of the house or by the attorney-general; or in the case of the seat of a member of the house; by any person registered in some constituency as a voter for the purpose of electing members of the house. if any application is made by a person other than the attorney-general to the high court for the determination of any question under this section, the attorney-general may intervene and may then appear or be represented in the proceedings. an appeal shall lie as of right to the court of appeal from any final decision of the high court determining such a question as is referred to in subsection (1) of this section. the circumstances and manner in which and the imposition of conditions upon which any application may be made to the high court for the determination of any question under this section and the powers, practice and procedure of the high court and the court of appeal in relation to any such application shall be regulated by such provision as may be made by parliament. no appeal shall lie from any decision of the court of appeal in exercise of the jurisdiction conferred by subsection (6) of this section and no appeal shall lie from any decision of the high court in proceedings under this section other than a final decision determining such a question as is referred to in subsection (1) of this section. in the exercise of his functions under this section the attorney-general shall not be subject to the direction or control of any other person or authority. 45. unqualified persons sitting or voting any person who sits or votes in either house of parliament knowing or having reasonable grounds for knowing that he is not entitled to do so shall be guilty of an offence and liable to a fine not exceeding five hundred dollars, or such other sum as may be prescribed by parliament, for each day on which he or she sits or votes in that house. any prosecution for an offence under this section shall be instituted in the high court and shall not be so instituted except by the director of public prosecutions. part 2. powers and procedure of parliament 46. power to make laws subject to the provisions of this constitution, parliament may make laws for the peace, order and good government of antigua and barbuda. 47. alteration of this constitution and supreme court order parliament may alter any of the provisions of this constitution or of the supreme court order in the manner specified in the following provisions of this section. a bill to alter this constitution or the supreme court order shall not be regarded as being passed by the house unless on its final reading in the house the bill is supported by the votes of not less than two-thirds of all the members of the house. an amendment made by the senate to such a bill as is referred to in subsection (2) of this section that has been passed by the house shall not be regarded as being agreed to by the house for the purpose of section 55 of this constitution unless such agreement is signified by resolution supported by the votes of not less than two-thirds of all the members of the house. for the purposes of section 55(4) of this constitution, an amendment of a bill to alter this constitution or the supreme court order shall not be suggested to the senate by the house unless a resolution so to suggest the amendment has been supported by the votes of not less than two-thirds of all the members of the house. a bill to alter this section, schedule 1 to this constitution or any of the provisions of this constitution specified in part i of that schedule or any of the provisions of the supreme court order specified in part ii of that schedule shall not be submitted to the governor-general for his assent unlessthere has been an interval of not less than ninety days between the introduction of the bill in the house and the beginning of the proceedings in the house on the second reading of the bill in that house; after it has been passed by both houses of parliament or, in the case of a bill to which section 55 of this constitution applies, after its rejection by the senate for the second time; and the bill has been approved on a referendum, held in accordance with such provisions as may be made in that behalf by parliament, by not less than two-thirds of all the votes validly cast on that referendum. every person who, at the time when the referendum is held, would be entitled to vote in elections of members of the house shall be entitled to vote on a referendum held for the purposes of this section in accordance with such procedures as may be prescribed by parliament for the purposes of the referendum and no other person shall be entitled so to vote. the conduct of any referendum for the purposes of subsection (5) of this section shall be under the general supervision of the supervisor of elections and shall be in accordance with such provisions as may be made in that behalf by parliament. 8 a bill to alter this constitution or the supreme court order shall not be submitted to the governor-general for his assent unless it is accompanied by a certificate under the hand of the speaker (or, if the speaker is for any reason unable to exercise the functions of his office, the deputy speaker) that the provisions of subsection (2), (3) or (4), as the case may be, of this section have been complied with and, where a referendum has been held, by a certificate of the supervisor of elections stating the results of the referendum. the certificate of the speaker or, as the case may be, the deputy speaker under this subsection shall be conclusive that the provisions of subsection (2), (3) or (4) of this section have been complied with and shall not be enquired into in any court of law. 48. oath of allegiance by members of parliament no member of either house of parliament shall take part in the proceedings of that house (other than proceedings necessary for the purpose of this section) until he has made and subscribed before that house the oath of allegiance: provided that the election of a president or vice-president and the election of a speaker and deputy speaker may take place before the members of the senate or the house, as the case may be, have made and subscribed such oath. references in this section to a member of a house of parliament include references to any person who is a member of the house by virtue of holding the office of speaker or by virtue of holding or acting in the office of attorney-general. 49. presiding in senate and house the president or, in his absence, the vice-president or, if they are both absent, a senator (not being a minister or a parliamentary secretary) elected by the senate for that sitting shall preside at any sitting of the senate: provided that the president or vice-president, as the case may be, shall not preside when a motion for his removal from office is before the senate. the speaker, or in his absence, the deputy speaker, or if they are both absent, a member of the house (not being a minister or parliamentary secretary) elected by the house for that sitting shall preside at any sitting of the house: provided that the speaker or deputy speaker, as the case may be, shall not preside when a motion for his removal from office is before the house. 50. quorom if at any sitting of either house of parliament any member of that house who is present draws the attention of the person presiding at the sitting to the absence of a quorum and, after such interval as may be prescribed in the rules of procedure of that house, the person presiding at the sitting ascertains that a quorum of that house is still not present, that house shall be adjourned. for the purpose of this section a quorum of the senate shall consist of six members, and a quorum of the house shall consist of six members or such greater number in each case as may be prescribed by parliament and in neither case shall the person presiding at the sitting be included in reckoning whether there is a quorum present. 51. voting save as otherwise provided in this constitution, any question proposed for decision in a house of parliament shall be determined by a majority of the votes of the members present and voting. the president or other member presiding in the senate and the speaker or other member presiding in the house shall not vote unless on any question the votes are equally divided, in which case, except as otherwise provided in this section, he shall have and exercise a casting vote: provided that in the case of the question of the final reading of a bill as is referred to in section 47(2) of this constitution a speaker or other member presiding in the house who is an elected member of the house shall have an original vote but no casting vote. a speaker who is not an elected member of the house shall have neither an original nor a casting vote and if, upon any question before the house when such a speaker is presiding, the votes of the members are equally divided, the motion shall be lost. 52. mode of exercising legislative power the power of parliament to make laws shall be exercised by bills passed by the senate and the house (or in the cases mentioned in sections 54 and 55 of this constitution by the house) and assented to by the governor-general on behalf of her majesty. when a bill is presented to the governor-general for assent in accordance with this constitution, he shall signify that he assents thereto. when the governor-general assents to a bill that has been submitted to him in accordance with the provisions of this constitution the bill shall become law and the clerk of the house shall thereupon cause it to be published in the official gazette as law. no law made by parliament shall come into operation until it has been published in the official gazette but parliament may postpone the coming into operation of any such law. 53. restrictions with regard to certain financial measures a bill other than a money bill may be introduced in either house of parliament; a money bill shall not be introduced in the senate. except on the proposal of a minister authorised so to do by the cabinet, neither house shallproceed upon any bill (including any amendment to a bill) that, in the opinion of the person presiding, makes provision for any of the following purposes:for the imposition of taxation or the alteration of taxation otherwise than by reduction; for the imposition of any charge upon the consolidated fund or any other public fund of antigua and barbuda or the alteration of any such charge otherwise than by reduction: for the payment, issue or withdrawal from the consolidated fund or any other public fund of antigua and barbuda of any monies not charged thereon or any increase in the amount of such payment, issue or withdrawal; or for the composition or remission of any debt due to the crown; or proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, would be to make provision for any of those purposes. 54. restrictions on powers of senate as to money bills if a money bill, having been passed by the house and sent to the senate at least one month before the end of the session, is not passed by the senate without amendment within one month after it is sent to the senate, the bill shall, unless the house otherwise resolves, be presented to the governor-general for assent notwithstanding that the senate has not consented to the bill. there shall be endorsed on every money bill when it is sent to the senate the certificate of the speaker signed by him that it is a money bill; and there shall be endorsed on any money bill that is presented to the governor-general for assent in pursuance of subsection (1) of this section, the certificate of the speaker signed by him that it is a money bill and that the provisions of that subsection have been complied with. 55. restrictions on powers of senate as to bills other than money bills this section applies to any bill other than a money bill that is passed by the house in two successive sessions (whether or not parliament is dissolved between those sessions) and, having been sent to the senate in each of those sessions at least one month before the end of the session, is rejected by the senate in each of those sessions. a bill to which this section applies shall, on its rejection for the second time by the senate, unless the house otherwise resolves, be submitted to the governor-general for assent notwithstanding that the senate has not consented to the bill: provided thatthe foregoing provisions of this subsection shall not have effect unless at least three months have elapsed between the date on which the bill is passed by the house in the first session and the date on which it is passed by the house in the second session; and a bill such as is referred to in subsection (5) of section 47 of this constitution shall not be submitted to the governor-general for his assent unless the provisions of that subsection have been complied with and the power conferred on the house by this subsection to resolve that a bill shall not be presented to the governor-general for assent shall not be exercised in respect of such a bill. for the purposes of this section a bill that is sent to the senate from the house in any session shall be deemed to be the same bill as a former bill sent to the senate in the preceding session if, when it is sent to the senate, it is identical with the former bill or contains only such alterations as are certified by the speaker to be necessary owing to the time that has elapsed since the date of the former bill or to represent any amendments which have been made by the senate in the former bill in the preceding session. the house may, if it thinks fit, on the passage through the house of a bill that is deemed to be the same bill as a former bill sent to the senate in the preceding session, suggest any amendments without inserting the amendments in the bill, and any such amendments shall be considered by the senate and, if agreed to by the senate, shall be treated as amendments made by the senate and agreed to by the house; but the exercise of this power by the house shall not affect the operation of this section in the event of the rejection of the bill in the senate. there shall be inserted in any bill that is submitted to the governor-general for assent in pursuance of this section any amendments that are certified by the speaker to have been made in the bill by the senate in the second session and agreed to by the house. there shall be endorsed on any bill that is presented to the governor-general for assent in pursuance of this section the certificate of the speaker signed by him that the provisions of this section have been complied with. 56. provisions relating to sections 53, 54 and 55 in sections 53, 54 and 55 of this constitution, "money bill" means a public bill which, in the opinion of the speaker, contains only provisions dealing with all or any of the following matters, namely, the imposition, repeal, remission, alteration or regulation of taxation; the imposition for the payment of debt or other financial purposes, of charges on public money, or the variation or repeal of any such charges; the grant of money to the crown or to any authority or person, or the variation or revocation of any such grant; the appropriation, receipt, custody, investment, issue or audit of accounts of public money; the raising or guarantee of any loan or the repayment thereof, or the establishment, alteration, administration or abolition of any sinking fund provided in connection with any such loan; or subordinate matters incidental to any of the matters aforesaid; and in this subsection the expressions "taxation", "debt", "public money" and "loan" do not include any taxation imposed, debt incurred or money provided or loan raised by any local authority or body for local purposes. for the purposes of section 52 of this constitution, a bill shall be deemed to be rejected by the senate ifit is not passed by the senate without amendment; or it is passed by the senate with any amendment that is not agreed to by the house. whenever the office of speaker is vacant or the speaker is for any reason unable to perform any function conferred on him by section 54 or 55 of this constitution or subsection (1) of this section, that function may be performed by the deputy speaker. any certificate of the speaker or deputy speaker given under section 54 or 55 of this constitution shall be conclusive for all purposes and shall not be questioned in any court of law. 57. regulation of procedure of houses of parliament subject to the provisions of this constitution, each house of parliament may regulate its own procedure and may in particular make rules for the orderly conduct of its own proceedings. each house of parliament may act notwithstanding any vacancy in its membership (including any vacancy not filled when the house first meets after any general election) and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the house shall not invalidate those proceedings. 58. freedom of speech in proceedings of parliament without prejudice to any provision made by parliament relating to the powers, privileges and immunities of parliament and its committees, or the privileges and immunities of the members and officers of either house of parliament and of other persons concerned in the business of parliament or its committees, no civil or criminal proceedings may be instituted against any member of either house of parliament for words spoken before, or written in a report to, the house of parliament of which he is a member or a committee thereof or any joint committee of the senate and the house or by reason of any matter or thing brought by him therein by petition, bill, resolution, motion or otherwise. references in this section to a member of a house of parliament include references to any person who is a member of the house by virtue of holding the office of speaker or by virtue of holding or acting in the office of attorney-general. where the attorney-general or a minister takes part in the proceedings of the senate in accordance with a request made under section 34 or, as the case may be, under section 35 of this constitution, and gives explanations in the senate pursuant to those sections, the provisions of subsection (1) of this section shall apply in relation to the attorney-general or, as the case may be, to that minister as they apply in relation to a member of the senate. where a minister takes part in the proceedings of the house in accordance with a request under section 37 of this constitution and gives explanations in the house pursuant to that section, the provisions of subsection (1) of this section shall apply in relation to that minister as they apply in relation to a member of the house. part 3. summoning, prorogation and dissolution of parliament 59. sessions of parliament each session of parliament shall be held at such place within antigua and barbuda and shall begin at such time (not being later than six months from the end of the preceding session if parliament has been prorogued or four months from the end of that session if parliament has been dissolved) as the governor-general shall by proclamation appoint. subject to the provisions of subsection (1) of this section, not more than three months shall elapse between sittings of parliament during any session of parliament and, subject thereto, the sittings of parliament shall be held at such time and place as parliament may, by its rules of procedure or otherwise, determine. 60. prorogation and dissolution of parliament subject to the provisions of subsection (5) of this section, the governor-general, acting in accordance with the advice of the prime minister, may at any time prorogue or dissolve parliament. subject to the provisions of subsection (3) of this section, parliament, unless sooner dissolved, shall continue for five years from the date of its first sitting after any dissolution, and shall then stand dissolved. at any time when her majesty is at war, parliament may extend the period of five years specified in subsection (2) of this section for not more than twelve months at a time so, however, that the life of parliament shall not be extended under this subsection for more than five years. where between a dissolution of parliament and the next ensuing general election of members to the house, an emergency arises of such a nature that in the opinion of the prime minister, it is necessary for the two houses to be summoned before the general election can be held, the governor-general, acting in accordance with the advice of the prime minister, may summon the two houses of the preceding parliament but the election of members of the house shall proceed and the parliament that has been summoned shall, if not sooner dissolved, again stand dissolved on the day on which the general election is held. the governor-general in his discretion may dissolve parliament if the majority of all the members of the house pass a resolution that they have no confidence in the government and the prime minister does not within seven days of the passing of that resolution either resign from his office or advise a dissolution of parliament. 61. general elections and appointment of senators a general election of members of the house shall be held at such time within three months after every dissolution of parliament as the governor-general, acting in accordance with the advice of the prime minister, shall appoint. as soon as practicable after every general election the governor-general shall proceed under section 28 of this constitution to the appointment of senators. part 4. delimitations of constituencies 62. constituencies for the purpose of the election of members of the house, antigua and barbuda shall be divided into such number of constituencies, at least one of which shall be within barbuda, having such boundaries as may be provided for by an order made by the governor-general in accordance with the provisions of section 65 of this constitution. each constituency shall return one member to the house. 63. constituencies boundaries commission there shall be a constituencies boundaries commission for antigua and barbuda which shall be appointed from time to time to review the number, and the boundaries, of the constituencies and report thereon to the speaker in accordance with the provisions of this part and which shall consist ofa chairman who shall be appointed by the governor-general acting in accordance with the advice of the prime minister given after the prime minister has consulted with the leader of the opposition; two members appointed by the governor-general acting in accordance with the advice of the prime minister; and one member appointed by the governor-general acting in accordance with the advice of the leader of the opposition. a person shall not be qualified to be appointed as a member of a constituencies boundaries commission if he is a senator, a member of the house or a public officer. subject to the provisions of this section, a member of a constituencies boundaries commission shall vacate his office if any circumstances arise that, if he were not a member of a constituencies boundaries commission, would cause him to be disqualified for appointment as such. all members of a constituencies boundaries commission shall vacate office and the commission shall cease to existtwelve months after the date when the report of the commission is submitted to the speaker under section 64 of this constitution; on the date when an order consequent upon the report of the commission is made the governor-general under section 65 of this constitution; or at the dissolution of parliament next after the appointment of the commission, whichever is the earlier. a member of a constituencies boundaries commission may be removed from office but only for inability to discharge the functions thereof (whether arising from infirmity of mind or body or any other cause) or for misbehaviour, and he shall not be so removed except in accordance with the provisions of this section. a member of a constituencies boundaries commission shall be removed from office by the governor-general if the question of his removal from office has been referred to a tribunal appointed under subsection (7) of this section and the tribunal has recommended to the governor-general that he ought to be removed from office for inability as aforesaid or for misbehaviour. if the prime minister or the leader of the opposition represents to the governor-general that the question of removal of a member of a constituencies boundaries commission from office for inability as aforesaid or for misbehaviour ought to be investigated thenthe governor-general shall appoint a tribunal which shall consist of a chairman and not less than two other members selected by the governor-general, acting in accordance with the advice of the chief justice, from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from any such court; and the tribunal shall enquire into the matter and report on the facts thereof to the governor-general and recommend to the governor-general whether the member of the constituencies boundaries commission ought to be removed from office for inability as aforesaid or for misbehaviour. a constituencies boundaries commission may regulate its own procedure. a constituencies boundaries commission may, with the consent of the prime minister, confer powers and impose duties on any public officer or on any authority of the government for the purpose of the discharge of its functions. a constituencies boundaries commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present or to participate in those proceedings: provided that any decision of the commission shall require the concurrence of a majority of all its members. in the exercise of its functions under this constitution, a constituencies boundaries commission shall not be subject to the control or direction of any other person or authority. 64. report by commission a constituencies boundaries commission shall on its appointment forthwith proceed to review the number of constituencies into which antigua and barbuda is divided and the boundaries thereof and shall submit a report to the speaker stating whether, and if so what, alterations the commission recommends should be made to the number or the boundaries of those constituencies. a report by a constituencies boundaries commission shall be submitted to the speaker under this section not less than two or more than five years after the date when the last such report was submitted. in reviewing the number, and the boundaries, of the constituencies and making its report thereon, a constituencies boundaries commission shall be guided by such general principles as may be prescribed by parliament. 65. procedure upon report as soon as may be after a constituencies boundaries commission has submitted a report under section 64 of this constitution, the prime minister shall lay before the house for its approval the draft of an order by the governor-general for giving effect, whether with or without modifications, to the recommendations contained in the report, and that draft order may make provision for any matters which appear to the prime minister to be incidental to or consequential upon the other provisions of the draft. where any draft order submitted to the house under this section gives effect to any such recommendations with modifications, the prime minister shall lay before the house together with the draft order a statement of the reasons for the modifications. if the motion for the approval of any draft order laid before the house under this section is rejected by the house, or is withdrawn by leave of the house, the prime minister shall amend the draft order and lay the amended draft before the house. if any draft order laid before the house under this section is approved by resolution of the house, the prime minister shall submit it to the governor-general who shall make an order in terms of the draft; and that order shall come into force upon the next dissolution of parliament after it is made. the question of the validity of any order by the governor-general purporting to be made under this section and reciting that a draft thereof had been approved by resolution of the house shall not be enquired into in any court of law. part 5. the ombudsman 66. establishment, appointment, functions etc. of ombudsman there shall be an officer of parliament who shall be known as the ombudsman who shall not hold any other office of emolument either in the public service or otherwise nor engage in any occupation for reward other than the duties of his office. the ombudsman shall be appointed by resolutions of each house of parliament for such term as may be prescribed therein. the ombudsman shall not enter upon the duties of his office until he has taken and subscribed before the speaker the oath of allegiance and the oath of office. parliament may make provision for the functions, powers and duties of the ombudsman. the ombudsman may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. the ombudsman shall be removed from office by resolutions of both houses of parliament if the question of his removal from office has been referred to a tribunal appointed under subsection (7) of this section and the tribunal has recommended to parliament that he ought to be removed from office for inability as aforesaid or for misbehaviour. if by both houses of parliament it is resolved that the question of removing the ombudsman under this section ought to be investigated, thenthe speaker shall appoint a tribunal which shall consist of a chairman and not less than two other members selected by the chief justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from such a court; and the tribunal shall enquire into the matter and report on the facts thereof to the speaker and recommend to parliament through the speaker whether the ombudsman ought to be removed under this section. if the question of removing the ombudsman has been referred to a tribunal under this section, both houses of parliament may by resolution suspend the ombudsman from the functions of his office and any such suspension may at any time be revoked by resolutions of both houses of parliament, and shall in any case cease to have effect if the tribunal recommends to parliament through the speaker that the ombudsman should not be removed. if at any time the ombudsman is for any reason unable to exercise the functions of his office, both houses of parliament may by resolutions appoint a person to act as ombudsman, and any person so appointed shall, subject to the provisions of subsections (7) and (8) of this section, continue to act until the ombudsman has resumed his functions or until the appointment to act has been revoked by resolutions of both houses of parliament. the ombudsman shall, in the exercise of his functions under this constitution, not be subject to the direction or control of any other person or authority. part 6. the supervisor of elections 67. appointment, functions and removal of supervisor of elections the governor-general shall by notice published in the gazette appoint a supervisor of elections on resolutions to that effect of both houses of parliament specifying the person nominated for appointment. the supervisor of elections shall have and exercise such functions, powers and duties as may be provided by law. the office of the supervisor of elections shall be a public office. subject to the provisions of subsection (6) of this section, the supervisor of elections shall vacate his office when he attains such age, or at the expiration of such term, as may be prescribed by parliament. a person holding the office of supervisor of elections may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. the supervisor of elections shall be removed from office by the governor-general if the question of his removal from office has been referred to a tribunal appointed under subsection (7) of this section and the tribunal has recommended to the governor-general that he ought to be removed for inability as aforesaid or for misbehaviour. if resolutions of both houses of parliament are passed to the effect that the question of removing the supervisor of elections under this section ought to be investigated thenthe governor-general shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from such a court; and the tribunal shall enquire into the matter and report on the facts thereof to the governor-general and recommend to him whether the supervisor of elections ought to be removed under this section. if the question of removing the supervisor of elections has been referred to a tribunal under this section, the governor-general, acting in accordance with the advice of the public service commission, may suspend the supervisor of elections from the exercise of the functions of his office and any such suspension may at any time be revoked by the governor-general acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the governor-general that the supervisor of elections should not be removed. if at any time the supervisor of elections is for any reason unable to exercise the functions of his office, the governor-general shall by notice published in the official gazette appoint a person to act as supervisor of elections on resolutions to that effect of both houses of parliament specifying the person nominated for appointment, and any person so appointed shall, subject to the provisions of subsections (7) and (8) of this section, continue to act until the supervisor of elections has resumed his functions or until the appointment to act has been revoked by the governor-general on resolutions to that effect by both houses of parliament. chapter v. executive powers part 1. general 68. executive authority the executive authority of antigua and barbuda is vested in her majesty. subject to the provisions of this constitution, the executive authority of antigua and barbuda may be exercised on behalf of her majesty by the governor-general either directly or through officers subordinate to him. nothing in this section shall prevent parliament from conferring functions on persons or authorities other than the governor-general. 69. ministers of government there shall be a prime minister of antigua and barbuda who shall be appointed by the governor-general. whenever there is occasion for the appointment of a prime minister, the governor-general shall appoint as prime ministera member of the house who is the leader in the house of the political party that commands the support of the majority of members of the house; or where it appears to him that such party does not have an undisputed leader in the house or that no party commands the support of such a majority, the member of the house who in his judgement is most likely to command the support of the majority of members of the house, and is willing to accept the office of prime minister. subject to the provision of section 82 of this constitution and subsection (4) of this section there shall be, in addition to the office of prime minister, such other offices of minister (including minister of state) of the government as may be established by parliament or, subject to the provisions of any law enacted by parliament, by the governor-general, acting in accordance with the advice of the prime minister. the ministers other than the prime minister shall be such persons as the governor-general, acting in accordance with the advice of the prime minister, shall appoint from among the members of the house and of the senate. if occasion arises for making appointment to the office of prime minister or any other minister while parliament is dissolved, then, notwithstanding any other provision of this section, a person who was a member of the house immediately before the dissolution may be appointed as prime minister or any other minister and a person who was a senator immediately before the dissolution may be appointed as any minister other than prime minister. appointments under this section shall be made by instrument under the public seal. 70. the cabinet there shall be a cabinet for antigua and barbuda which shall have the general direction and control of the government and shall be collectively responsible therefor to parliament. the cabinet shall consist of the prime minister and such number of other ministers (of whom one shall be the attorney-general), appointed in accordance with the provisions of section 69 of this constitution as the prime minister may consider appropriate. 71. allocation of portfolios the governor-general, acting in accordance with the advice of the prime minister, may, by directions in writing, assign to the prime minister or any other minister responsibility for any business of the government, including the administration of any department of government. where a minister is incapable of performing his functions by reason of his absence from antigua and barbuda or by reason of illness, the governor-general, acting in accordance with the advice of the prime minister, may appoint a member of the house or a senator to act in the office of such minister during such absence or illness. 72. summoning of cabinet the cabinet shall be summoned only by the prime minister or, in his absence, by such minister as the prime minister shall appoint in that behalf. 73. tenure of office of ministers where the house passes a resolution supported by the votes of a majority of all the members of the house declaring that it has no confidence in the prime minister and the prime minister does not within seven days of the passing of that resolution either resign from his office or advise the governor-general to dissolve parliament, the governor general shall revoke the appointment of the prime minister. the prime minister shall also vacate his officewhen after any dissolution of parliament he is informed by the governor-general that the governor-general is about to reappoint him as prime minister or to appoint another person as prime minister; or where for any reason other than a dissolution of parliament he ceases to be a member of the house. a minister other than the prime minister shall vacate his officewhen any person is appointed or re-appointed as prime minister; where for any reason other than a dissolution of parliament he ceases to be a member of the house of parliament from among the members of which he was appointed; or where his appointment is revoked by the governor-general acting in accordance with the advice of the prime minister. where at any time the prime minister is required under the provisions of section 41(2) of this constitution to cease to perform his functions as a member of the house, he shall cease during such time to perform any of his functions as prime minister. where at any time a minister other than the prime minister is required under section 31(2) or section 41 of this constitution to cease to perform his functions as a member of the house to which he belongs, he shall cease during such time to perform any of his functions as minister. 74. performance of functions of prime minister during absence, illness or suspension where the prime minister is absent from antigua and barbuda or is unable by reason of illness or of the provisions of section 73(4) of this constitution to perform the functions conferred on him by this constitution, the governor-general may authorise some other member of the cabinet to perform those functions (other than the functions conferred by subsection (2) of this section) and that member may perform those functions until his authority is revoked by the governor-general. the powers of the governor-general under this section shall be exercised by him in accordance with the advice of the prime minister, save that where the governor-general considers that it is impracticable to obtain the advice of the prime minister owing to his absence or illness, or where the prime minister is unable to tender the advice by reason of the provisions of section 73(4) of this constitution, the governor-general may exercise those powers in his discretion. 75. parliamentary secretaries the governor-general, acting in accordance with the advice of the prime minister, may appoint parliamentary secretaries from among members of the house and of the senate to assist ministers in the performance of their duties. where occasion arises for making an appointment under this section while parliament is dissolved, a person who was a senator or a member of the house immediately before the dissolution may be appointed as a parliamentary secretary. the office of a parliamentary secretary shall become vacantwhere for any reason other than a dissolution of parliament he ceases to be a member of the house of parliament from among the members of which he was appointed; or upon the appointment or re-appointment of any person as prime minister; or where the governor-general, acting in accordance with the advice of the prime minister, so directs. 76. oaths to be taken by ministers and parliamentary secretaries the prime minister, every other minister and every parliamentary secretary shall, before entering upon the duties of his office, make and subscribe the oath of allegiance, the oath of office and the oath of secrecy. 77. secretary to the cabinet there shall be a secretary to the cabinet whose office shall be a public office. the secretary to the cabinet, who shall have charge of the cabinet office, shall be responsible in accordance with such instructions as may be given him by the prime minister, for arranging the business for, and keeping the minutes of, the cabinet and for conveying the decisions of the cabinet to the appropriate person or authority and shall have such other functions as the prime minister may direct. the secretary to the cabinet shall, before entering upon the duties of his office, make and subscribe the oath of secrecy. 78. permanent secretaries where any minister has been assigned responsibility for any department of government, he shall exercise direction and control over that department; and, subject to such direction and control, the department shall be under the supervision of a permanent secretary whose office shall be a public office. for the purposes of this section:two or more government departments may be placed under the supervision of one permanent secretary; and two or more permanent secretaries may supervise any department of government assigned to a minister. 79. leader of the opposition there shall (except at times when there are no members of the house who do not support the government) be a leader of the opposition who shall be appointed by the governor-general. whenever there is occasion for the appointment of a leader of the opposition the governor-general shall appoint the member of the house who appears to him most likely to command the support of a majority of the members of the house who do not support the government; or, if no member of the house appears to him to command such support, the member of the house who appears to him to command the support of the largest single group of members of the house who do not support the government: provided thatif there are two or more members of the house who do not support the government but none of them commands the support of the other or others, the governor-general may, acting in his discretion, appoint any one of them as leader of the opposition, and in the exercise of his discretion the governor-general shall be guided by the seniority of each based on his length of service as a member of the house, by the number of votes cast in favour of each at the last election of members of the house or by both such seniority and such number of votes. if the occasion arises to appoint a leader of the opposition during the period between a dissolution of parliament and the day on which the ensuing election of members of the house is held, an appointment may be made as if parliament had not been dissolved. the office of leader of the opposition shall become vacantif he ceases to be a member of the house otherwise than by reason of a dissolution of parliament; if, when the house first meets after a dissolution of parliament, he is not then a member of the house; if, under the provisions of section 41(2) of this constitution, he is required to cease to perform his functions as a member of the house; or if he is removed from office by the governor-general under the provisions of subsection (5) of this section. if it appears to the governor-general that the leader of the opposition is no longer able to command the support of a majority of the members of the house who do not support the government or the support of the largest single group of members of the house who do not support the government, he shall remove the leader of the opposition from office. the powers of the governor-general under this section shall be exercised by him in his discretion. where the office of leader of the opposition is vacant, whether because there is no member of the house so qualified for appointment or because no one qualified for appointment is willing to be appointed, or because the leader of the opposition has resigned his office or for any other reason, any provision in this constitution requiring consultation with or the advice of the leader of the opposition shall, in so far as it requires such consultation or advice, be of no effect. 80. exercise of governor-general's functions in the exercise of his functions the governor-general shall act in accordance with the advice of the cabinet or a minister acting under the general authority of the cabinet, except in cases where other provision is made by this constitution or any other law, and, without prejudice to the generality of this exception, in cases where by this constitution or any other law he is required to actin his discretion; after consultation with any person or authority other than cabinet; or in accordance with the advice of the prime minister or any person or authority other than the cabinet. nothing in subsection (1) of this section shall apply to the functions conferred upon the governor-general by the following provisions of this constitution, that is to say, sections 63(6), 67(6), 73(1), 87(8) and 99(5) (which require the governor-general to remove the holders of certain offices from office in certain circumstances). where in the exercise of his functions the governor-general is required to act in accordance with the advice of the cabinet or a minister acting under the general authority of the cabinet, and it has become impracticable for the governor-general to obtain such advice, he may exercise those functions in his discretion. where in the exercise of his functions the governor-general is required to act in accordance with the advice of, or after consultation with, the leader of the opposition and there is a vacancy in the office of the leader of the opposition or if the governor-general considers that it is impracticable to obtain the advice of the leader of the opposition, the governor-general may exercise those functions in his discretion. where in the exercise of his functions the governor-general is required to act after consultation with any person or authority he shall not be obliged to exercise that function in accordance with the advice of that person or authority. any reference in this constitution to the functions of governor-general shall be construed as a reference to his powers and duties in the exercise of the executive authority of antigua and barbuda and to any other powers and duties conferred or imposed on him as governor-general by or under this constitution or any other law. 81. governor-general to be informed concerning government matters the prime minister shall keep the governor-general regularly and fully informed concerning the general conduct of the government and shall furnish the governor-general as soon as possible with such information as the governor-general, acting in his discretion, may request from time to time with respect to any particular matter relating to the government. 82. attorney-general there shall be an attorney-general of antigua and barbuda who shall be the principal legal adviser to the government and who shall be appointed by the governor-general. no person shall be qualified to hold or to act in the office of attorney-general unless he is a citizen entitled to practice as a barrister in antigua and barbuda. if the attorney-general is an elected member of the house at the time of his appointment or subsequently becomes such a member, he shall be a minister by virtue of holding the office of attorney-general and the provisions of subsections (3) to (6) of section 69 of this constitution shall apply to the office of attorney-general. where the person holding the office of attorney-general is a member of the house by virtue of holding that office he may be appointed by the governor-general to be a minister. if an attorney-general appointed to be a minister under the preceding subsection vacates his office as attorney-general he shall also vacate his office as a minister. if the attorney-general is not a minister he shall vacate his office if he ceases to be a citizen or if his appointment is revoked by the governor-general. if the office of the attorney-general is vacant or the holder of the office is for any reason unable to perform the functions thereof the governor-general may appoint a suitably qualified person to act in the office, but the provisions of subsections (3) and (4) of this section shall not apply to a person so appointed. an appointment under the preceding subsection shall cease to have effect when it is revoked by the governor-general. 83. exercise of certain powers of governor-general the powers of the governor-general under the preceding section shall be exercised by him in accordance with the advice of the prime minister. 84. power of pardon the governor-general may, in her majesty's name and on her majesty's behalfgrant to any person convicted of any offence against any law a pardon, either free or subject to lawful conditions; grant to any person a respite, either indefinite or for a specified period, from the execution of any punishment imposed on that person for such an offence; substitute a less severe form of punishment for that imposed by any sentence for such an offence; or remit the whole or any part of any sentence passed for such an offence or any penalty or forfeiture otherwise due to her majesty on account of such an offence. the powers of the governor-general under subsection (1) of this section shall be exercised by him in accordance with the advice of a minister designated by him acting in accordance with the advice of the prime minister. 85. advisory committee on prerogative of mercy there shall be an advisory committee on the prerogative of mercy which shall consist ofthe minister referred to in subsection 84(2) of this constitution who shall be chairman; the attorney-general (if he is not the chairman); the chief medical officer of the government; not more than four other members appointed by the governor-general, after consultation with the prime minister and the leader of the opposition. 86. functions of advisory committee where an offender has been sentenced to death by any court for an offence against any law, the minister shall cause a written report of the case from the trial judge (or the chief justice, if a report from the trial judge cannot be obtained) together with such other information derived from the record of the case or elsewhere as the minister may require, to be taken into consideration at a meeting of the advisory committee. the minister may consult with the advisory committee before tendering any advice to the governor-general under section 84(2) of this constitution in any case not falling within subsection (1) of this section. the minister shall not be obliged in any case to act in accordance with the advice of the advisory committee. the advisory committee may regulate its own procedure. in this section "the minister" means the minister referred to in section 84(2) of this constitution. part 2. director of public prosecutions 87. appointment and removal of director of public prosecutions there shall be a director of public prosecutions whose office shall be a public office. the director of public prosecutions shall be appointed by the governor-general, acting in accordance with the advice of the judicial and legal services commission. if the office of director of public prosecutions is vacant or if the holder of the office is for any reason unable to exercise the functions of his office, the governor-general, acting in accordance with the advice of the judicial and legal services commission, may appoint a person to act as director. a person shall not be qualified to be appointed to hold or act in the office of director of public prosecutions unlesshe is qualified to practise as a barrister in a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth; and he has practised for not less than seven years as a barrister in such court. a person appointed to act in the office of director of public prosecutions shall, subject to the provisions of subsections (6) (8) (9) and (10) of this section, cease so to actwhen a person is appointed to hold that office and has assumed the functions thereof or, as the case may be, when the person in whose place he is acting resumes the functions of that office; or at such earlier time as may be provided in the terms of his appointment. subject to the provisions of subsection (8) of this section, the director of public prosecutions shall vacate his office when he attains the prescribed age. a person holding the office of director of public prosecutions may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. the director of public prosecutions shall be removed from office by the governor-general if the question of his renewal from office has been referred to a tribunal appointed under subsection (9) of this section and the tribunal has recommended to the governor-general that he ought to be removed for inability as aforesaid or for misbehaviour. if the chairman of the judicial and legal services commission represents to the governor-general that the question of removing the director of public prosecutions under this section ought to be investigated, thenthe governor-general shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from such a court; and the tribunal shall enquire into the matter and report on the facts thereof to the governor-general and recommend to him whether the director of public prosecutions ought to be removed under this section. if the question of removing the director of public prosecutions has been referred to a tribunal under this section, the governor-general, acting in accordance with the advice of the judicial and legal services commission, may suspend the director from the exercise of the functions of his office and any such suspension may at any time be revoked by the governor-general acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the governor-general that the director should not be removed. the prescribed age for the purposes of subsection (6) of this section is the age of fifty-five years or such other age as may be prescribed by parliament. 88. powers and functions of director of public prosecutions the director of public prosecutions shall, subject to section 89 of this constitution, have power in any case in which he considers it proper to do soto institute and undertake criminal proceedings against any person before any court (other than a court martial) in respect of any offence against any law; to take over and continue any such criminal proceedings that may have been instituted by any other person or authority; to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority. subject to section 89 of this constitution, the powers conferred on the director of public prosecutions by paragraph (b) and (c) of subsection (1) of this section shall be vested in him to the exclusion of any other person or authority: provided that, where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the court. for the purposes of this section a reference to criminal proceedings includes an appeal from the determination of any court in criminal proceedings or a case stated or a question of law reserved in respect of those proceedings. the functions of the director of public prosecutions under subsection (1) of this section may be exercised by him in person or through other persons acting under and in accordance with his general or special instructions. subject to section 89 of this constitution, in the exercise of the functions vested in him by subsection (1) of this section and by section 45 of this constitution, the director of public prosecutions shall not be subject to the direction or control of any other person or authority. 89. directions to director of public prosecutions the attorney-general may, in the case of any offence to which this section applies, give general or special directions to the director of public prosecutions as to the exercise of the powers conferred upon the director of public prosecutions by section 88 of this constitution and the director of public prosecutions shall act in accordance with those directions. this section applies tooffences against any law relating toofficial secrets; mutiny or incitement to mutiny; and any offence under any law relating to any right or obligation of antigua and barbuda under international law. chapter vi. finance 90. consolidated fund all revenues or other monies raised or received by antigua and barbuda (not being revenues or other monies that are payable, by or under any law for the time being in force in antigua and barbuda, into some other fund established for a specific purpose) shall be paid into and form a consolidated fund. 91. withdrawals from consolidated fund or other public funds no monies shall be withdrawn from the consolidated fund exceptto meet expenditure that is charged upon the fund by this constitution or by any law enacted by parliament; or where the issue of those monies has been authorised by an appropriation law or by a law made in pursuance of section 93 of this constitution. where any monies are charged by this constitution or any law enacted by parliament upon the consolidated fund or any other public fund, they shall be paid out of that fund by the government to the person or authority to whom payment is due. no monies shall be withdrawn from any public fund other than the consolidated fund unless the issue of those monies has been authorised by or under a law enacted by parliament. there shall be such provision as may be made by parliament prescribing the manner in which withdrawals may be made from the consolidated fund or any other public fund. the investment of monies forming part of the consolidated fund shall be made in such a manner as may be prescribed by or under a law enacted by parliament. notwithstanding the provision of subsection (1) of this section, provision may be made by or under a law enacted by parliament authorising withdrawals to be made from the consolidated fund, in such circumstances and to such extent as may be prescribed by or under a law enacted by parliament, for the purpose of making repayable advances. 92. authorisation of expenditure from consolidated fund by appropriation law the minister for the time being responsible for finance shall cause to be prepared and laid before the house before, or not later than ninety days after, the commencement of each financial year, estimates of the revenues and expenditure of antigua and barbuda for that financial year. when the estimates of expenditure (other than expenditure charged upon the consolidated fund by this constitution or by any law enacted by parliament) have been approved by the house, a bill to be known as an appropriation bill shall be introduced in the house, providing for the issue from the consolidated fund of the sums necessary to meet that expenditure and the appropriation of those sums, under separate votes for the several services required, for the purposes specified therein. if in respect of any financial year it is foundthat the amount appropriated by the appropriation law for any purpose is insufficient or that a need has arisen for expenditure for a purpose to which no amount has been appropriated by that law; or that any monies have been expended for any purpose in excess of the amount appropriated for that purpose by the appropriation law or for a purpose to which no amount has been appropriated by that law, a supplementary estimate showing the sums required or spent shall be laid before the house and, when the supplementary estimate has been approved by the house, a supplementary appropriation bill shall be introduced in the house providing for the issue of such sums from the consolidated fund and appropriating them to the purposes specified therein. 93. authorisation of expenditure in advance of appropriation there shall be such provision as may be made by parliament under which, if the appropriation law in respect of any financial year has not come into operation by the beginning of that financial year, the minister for the time being responsible for finance may authorise the withdrawal of monies from the consolidated fund for the purpose of meeting expenditure necessary to carry on the services of the government until the expiration of four months from the beginning of that financial year or the coming into operation of the law, whichever is the earlier. 94. contingencies fund there shall be such provision as may be made by parliament for the establishment of a contingencies fund, and for authorising the minister for the time being responsible for finance, if satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from that fund to meet that need. where any advance is made from the contingencies fund, a supplementary estimate shall as soon as possible be laid before the house and when the supplementary estimate has been approved by the house, a supplementary appropriation bill shall be introduced as soon as possible in the house for the purpose of replacing the amount so advanced. 95. remuneration of certain officers there shall be paid to the holders of the offices to which this section applies such salaries and such allowances as may be prescribed by or under any law enacted by parliament. the salaries and allowances prescribed in pursuance of this section in respect of the holders of the offices to which this section applies shall be a charge on the consolidated fund. the salary prescribed in pursuance of this section in respect of the holder of any office to which this section applies and his other terms of service (other than allowances that are not taken into account in computing, under any law in that behalf, any pension payable in respect of his service in that office) shall not be altered to his disadvantage after his appointment. when a person's salary or other terms of service depend upon his option, the salary or terms for which he opts shall, for the purposes of subsection (3) of this section, be deemed to be more advantageous to him than any other for which he might have opted. this section applies to the offices of the governor-general, member of the public service commission, member of the police service commission, member of the public service board of appeal, the director of public prosecutions, the director of audit, the ombudsman and the supervisor of elections. nothing in this section shall be construed as prejudicing the provisions of section 109 of this constitution (which protects pensions rights in respect of service as a public officer). 96. public debt all debt charges for which antigua and barbuda is liable shall be a charge on the consolidated fund. for the purposes of this section debt charges include interest, sinking fund charges, the repayment or amortization of debt and all expenditure in connection with the raising of loans on the security of the consolidated fund and the service and redemption of the debt created thereby. 97. audit of public accounts etc there shall be a director of audit whose office shall be a public office. the director of audit shallsatisfy himself that all monies that have been appropriated by parliament and disbursed have been applied to the purposes to which they were so appropriated and that the expenditure conforms to the authority that governs it; and at least once every year audit and report on the public accounts of antigua and barbuda, the accounts of all officers and authorities of the government, the accounts of all courts of law in antigua and barbuda (including any accounts of the supreme court maintained in antigua and barbuda), the accounts of every commission established by this constitution and the accounts of the clerk to the house and the clerk to the senate. the director of audit shall have power to carry out audits of the accounts, balance sheets and other financial statements of all enterprises that are owned or controlled by or on behalf of antigua and barbuda. the director of audit and any other officer authorised by him shall have access to all books, records, returns, reports and other documents which in his opinion relate to any of the accounts referred to in subsections (2) and (3) of this section. the director of audit shall submit every report made by him in pursuance of this section to the minister for the time being responsible for finance who shall, after receiving such report, lay it before the house not later than seven days after the house next meets. if the minister fails to lay a report before the house in accordance with the provisions of subsection (5) of this section the director of audit shall transmit copies of that report to the speaker who shall, as soon as practicable, present them to the house. the director of audit shall exercise such other functions in relation to the accounts of the government, the accounts of other authorities or bodies established by law for public purposes or the accounts of enterprises that are owned or controlled by or on behalf of antigua and barbuda as may be prescribed by or under any law enacted by parliament. in the exercise of his functions under subsection (2), (3), (4), (5) and (6) of this section, the director of audit shall not be subject to the direction or control of any other person or authority. 98. public accounts committee the house shall, at the commencement of each session, appoint a public accounts committee from among its members, one of whom shall be a member for barbuda in the house, whose duties shall be to consider the accounts referred to in section 97(2) of this constitution in conjunction with the report of the director of audit and in particular to report to the housein the case of any excess or unauthorised expenditure of public funds the reasons for such expenditure; and any measures it considers necessary in order to ensure that public funds are properly spent, and any other such duties relating to public accounts as the house may from time to time direct. chapter vii. the public service part 1. the public service commission 99. establishment and composition of commission there shall be a public service commission for antigua and barbuda (hereinafter in this section referred to as the commission) which shall consist of a chairman and not less than two nor more than six other members who shall be appointed by the governor-general, acting in accordance with the advice of the prime minister: provided that the prime minister shall consult the leader of the opposition before tendering any advice to the governor-general for the purposes of this subsection. a person shall not be qualified to be appointed as a member of the commission ifhe is a public officer; he is a member of either house of parliament; he is below the age of twenty-five years; or he is not resident in antigua and barbuda. 3 a member of the commission shall be appointed to hold office for a term of two years. subject to the provisions of this section, the office of a member of the commission shall become vacant at the expiration of the period for which he was appointed or if any circumstances arise that, if he were not a member of the commission, would cause him to be disqualified to be appointed as such under subsection (2) of this section. a member of the commission may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. a member of the commission shall be removed from office by the governor-general if the question of his removal from office has been referred to a tribunal appointed under subsection (6) of this section and the tribunal has recommended to the governor-general that he ought to be removed from office for inability as aforesaid or for misbehaviour. if the prime minister represents to the governor-general that the question of removing a member of the commission under this section ought to be investigated thenthe governor-general shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the chief justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from such a court; and the tribunal shall enquire into the matter and report on the facts thereof to the governor-general and recommend to him whether the member ought to be removed under this section. if the question of removing a member of the commission has been referred to a tribunal under this section, the governor-general, acting in accordance with the advice of the prime minister, may suspend that member from the functions of his office and any such suspension may at any time be revoked by the governor-general, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the governor-general that the member should not be removed. if the office of chairman of the commission is vacant or if the person holding that office is for any reason unable to exercise the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be exercised by such one of the other members of the commission as may for the time being be designated in that behalf by the governor-general, acting in accordance with the advice of the prime minister. if at any time any member of the commission is for any reason unable to exercise the functions of his office, the governor-general, acting in accordance with the advice of the prime minister, may appoint a person who is qualified to be appointed as a member of the commission to act as a member, and any person so appointed shall, subject to the provisions of subsections (6) and (7) of this section, continue to act until the office in which he is acting has been filled or, as the case may be, until the holder thereof has resumed his functions or until his appointment to act has been revoked by the governor-general, acting in accordance with the advice of the prime minister: provided that the prime minister shall consult the leader of the opposition before tendering any advice to the governor-general for the purposes of this subsection and of subsection (8) of this section. a member of the commission shall not enter upon the duties of his office until he has taken and subscribed the oath of allegiance and the oath of office. the commission shall, in the exercise of its functions under this constitution, not be subject to the direction or control of any other person or authority. the commission may, by regulation or otherwise, regulate its own procedure. the commission may, with the consent of the prime minister, confer powers or impose duties on any public officer or on any authority of the government for the purpose of the exercise of its functions. the commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings: provided that any decision of the commission shall require the concurrence of a majority of all its members. the commission shall make an annual report on its activities to the governor-general, who shall cause copies of the report to be laid before both houses of parliament. 100. appointment etc. of public officers subject to the provisions of this constitution, the power to appoint persons to hold or act in offices in the public service (including the power to make appointments on promotion and transfer and to confirm appointments), the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the public service commission. the public service commission may with the approval of the prime minister by directions in writing and subject to such conditions as it thinks fit, delegate any of its powers under subsection (1) of this section to any one or more members of the commission or to any public officer. the provisions of this section shall not apply in relation to the following offices, that is to sayany office to which section 101 of this constitution applies; the office of the director of public prosecutions; the office of the director of audit; the office of the attorney-general; the office of the supervisor of elections; any office to which section 103 of this constitution applies; any office in the police force. no person shall be appointed under this section to, or to act in, any office of the governor-general's personal staff except with the concurrence of the governor-general acting in his discretion. the public service commission shall not remove or inflict any punishment on a public officer on the grounds of any act done or omitted to be done by that officer in the exercise of a judicial function conferred upon him unless the judicial and legal services commission concurs therein. in the performance if its functions the public service commission shall act in a manner consistent with the general policy of the government as conveyed to the commission by the prime minister in writing. 101. appointment etc. of permanent secretaries and certain other officers this section applies to the offices of secretary to the cabinet, permanent secretary, head of a department of government, deputy head of a department of government, any office for the time being designated by the public service commission as an office of a chief professional adviser to a department of government and any office for the time being designated by the commission, after consultation with the prime minister, as an office the holders of which are required to reside outside antigua and barbuda for the proper discharge of their functions or as an office in antigua and barbuda whose functions relate to external affairs. the power to appoint persons to hold or to act in offices to which this section applies (including the power to confirm appointments), and, subject to the provisions of section 107 of this constitution, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the governor-general, acting in accordance with the advice of the public service commission: provided thatthe power to appoint a person to hold or act in an office of permanent secretary on transfer from another such office carrying the same salary shall vest in the governor-general, acting in accordance with the advice of the prime minister; before the public service commission tenders advice to the governor-general with respect to the appointment of any person to hold an office to which this section applies (other than appointment to an office of permanent secretary on transfer from another such office carrying the same salary) it shall consult with the prime minister and if the prime minister signifies his objection to the appointment of any person to the office, the commission shall not advise the governor-general to appoint that person; in relation to any office of ambassador, high commissioner or other principal representative of antigua and barbuda in any other country or accredited to any international organization the governor-general shall act in accordance with the advice of the prime minister, who shall, before tendering any such advice in respect of any person who holds any public office to which appointments are made by the governor-general on the advice of or after consultation with some other person or authority, consult that person or authority. references in this section to a department of government shall not include the office of the governor-general, the department of the attorney-general, the department of the director of public prosecutions, the department of the director of audit, the department of the supervisor of elections, the department of the clerk of the senate or of the house or the police force. 102. the director of audit the director of audit shall be appointed by the governor-general acting in accordance with the advice of the public service commission, tendered after the commission has consulted the prime minister and has obtained the agreement of the prime minister to the appointment of that person. if the office of director of audit is vacant or if the holder of the office is for any reason unable to exercise the functions of his office, the governor-general, acting in accordance with the advice of the public service commission tendered after the commission has consulted the prime minister and has obtained the agreement of the prime minister to the appointment, may appoint a person to act as director of audit. the provisions of subsections (5) to (11) inclusive of section 87 of this constitution (which relates to the appointment and removal of the director of public prosecutions) shall apply in relation to the director of audit as they apply in relation to the director of public prosecutions so, however, that in subsection (9) and (10) references to the judicial and legal services commission shall be read as references to the public service commission. 103. appointment etc. of magistrates, registrars and legal officers this section applies to the offices of magistrates and registrars of the high court and assistant registrars of the high court and to any public office in the department of the attorney-general (other than the public office of attorney-general) and the department of the director of public prosecutions (other than the office of director) for appointment to which persons are required to be qualified to practise as a barrister or solicitor in antigua and barbuda and such other offices connected with the court as parliament may prescribe. the power to appoint persons to hold or act in offices to which this section applies (including the power to confirm appointments) and, subject to the provisions of this constitution, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the governor-general acting in accordance with the advice of the judicial and legal services commission. part 2. the police service commission 104. establishment and composition of commission there shall be a police service commission for antigua and barbuda which shall consist of a chairman and not less than two nor more than six other members who shall be appointed by the governor-general acting in accordance with the advice of the prime minister: provided that the prime minister shall consult the leader of the opposition before tendering any advice to the governor-general for the purposes of this subsection. the provisions of subsections (2) to (15) inclusive of section 99 of this constitution shall apply in relation to the police service commission as they apply in relation to the public service commission. 105. appointment etc. of police officers subject to the provision of this section, the power to appoint persons to hold or act in offices in the police force (including appointments on promotion and transfer and the confirmation of appointments) and to remove and exercise disciplinary control over persons holding or acting in such offices shall vest in the police service commission: provided that the commission may, with the approval of the prime minister and subject to such conditions as it may think fit, delegate any of its powers under this section to any one or more of its members or to the commissioner of police. before the police service commission, or any person or authority to whom powers have been delegated under this section, appoints to an office in the police force any person who is holding or acting in an office power to make appointments to which is vested by this constitution in the public service commission, the police service commission or that person or authority shall consult with the public service commission. before the police service commission makes an appointment to the office of commissioner or deputy commissioner or a like post however designated it shall consult the prime minister, and a person shall not be appointed to such an office if the prime minister signifies to the police service commission his objection to the appointment of that person to the office in question. before the police service commission makes an appointment to the office of superintendent or a like post however designated it shall consult the prime minister. the power to appoint persons to hold or act in offices in the police force below the rank of sergeant (including the power to confirm appointments) and, subject to the provisions of section 107 of this constitution, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such person from office shall vest in the commissioner of police. the commissioner of police may, by directions given in such manner as he thinks fit and subject to such conditions as he thinks fit, delegate any of his powers under subsection (5) of this section, other than the power to remove from office or reduce in rank, to any other member of the police force. a police officer shall not be removed from office or subjected to any other punishment under this section on the grounds of any act done or omitted by him in the exercise of any judicial function conferred on him unless the judicial and legal services commission concurs therein. in this section references to the rank of sergeant shall, if the ranks within the police force are altered (whether in consequence of the re-organisation or replacement of an existing part of the force or the creation of an additional part), be construed as references to such rank or ranks as may be specified by the police service commission by order published in the official gazette, being a rank or ranks that in the opinion of the commissioner most nearly correspond to the rank of sergeant as it existed before the alteration. part 3. the public service board of appeal 106. constitution of board, etc there shall be a public service board of appeal for antigua and barbuda (in this part referred to as the board) which shall consist ofa chairman appointed by the governor-general acting in his discretion; two members appointed by the governor-general acting in accordance with the advice of the prime minister who shall, before tendering that advice to the governor-general, consult with the leader of the opposition; one member appointed by the governor-general after consultation with the appropriate bodies representing the public service; and one member appointed by the governor-general after consultation with the appropriate body representing members of the police force. the provisions of subsections (2) to (8) inclusive of section 99 of this constitution shall apply in relation to the board as they apply in relation to the public service commission except that, in so applying subsection (8) of that section, the provision whereby the governor-general acts in accordance with the advice of the prime minister shall be read as a provision whereby the governor-general acts in his discretion. if at any time any member of the board is for any reason unable to exercise the functions of his office, the governor-general, acting in accordance with the advice of the person upon whose advice that member was appointed or, as the case may be, after consultation with the body that he had consulted before appointing that member, may appoint a person who is qualified to be appointed as a member of the board to act as a member, and any person so appointed shall continue to act until the office in which he is acting has been filled or, as the case may be, until the holder thereof has resumed his functions or until his appointment to act has been revoked by the governor-general acting in accordance with such advice or, as the case may be, after such consultation as above in this subsection: provided that the prime minister shall consult the leader of the opposition before tendering any advice to the governor-general under this subsection in respect of the appointment of any person to act for any member of the commission appointed under paragraph (b) of the subsection (1) of this section. the board shall, in the exercise of its functions under this constitution, not be subject to the direction or control of any other person or authority. in this section"the appropriate bodies representing the public service" means the antigua and barbuda civil service association or such other body representing the interests of public officers as the governor-general may designate; "the appropriate body representing members of the police force" means the police welfare association or such other body representing the interests of members of the police force as the governor-general may designate. 107. appeals in disciplinary cases this section applies toany decision of the governor-general acting in accordance with the advice of the public service commission, or any decision of the public service commission, to remove a public officer from office or to exercise disciplinary control over a public officer (including a decision made on appeal from or confirming a decision of any person to whom powers are delegated under section 100(2) of this constitution); any decision of any person to whom powers are delegated under section 100(2) of this constitution to remove a public officer from office or to exercise disciplinary control over a public officer (not being a decision which is subject to appeal to or confirmation by the public service commission); any decision of the public service commission to give such concurrence as is required by section 110(1) or (2) of this constitution in relation to the refusal, withholding, reduction in amount or suspending of any pensions benefits in respect of an officer's service as a public officer; any decision of the police service commission to remove a member of the police force from office or to exercise disciplinary control over such a member under section 105(1) of this constitution; if it is so provided by parliament, any decision of the commissioner of police under subsection (5) of section 105 of this constitution, or of a person to whom powers are delegated under subsection (6) of that section, to remove a police officer from office or to exercise disciplinary control over a police officer; such decisions with respect to the discipline of any military, naval or air force of antigua and barbuda as may be prescribed by parliament. subject to the provisions of this section an appeal shall lie to the board from any decision to which this section applies at the instance of the public officer, police officer or member of the naval, military or air force in respect of whom the decision is made: provided that in the case of any such decision as is referred to in subsection (1)(e) of this section, an appeal shall lie in the first instance to the police service commission if it is so provided by parliament, in which case the commission shall have the like powers as are conferred on the board by subsection (1) of section 108 of this constitution. 108. powers and procedure of board upon an appeal under section 107 of this constitution or any law enacted in pursuance of that section, the board may affirm or set aside the decision appealed against or make any other decision which the authority or person from which the appeal lies could have made. every decision of the board shall require the concurrence of a majority of all the members of the board entitled to participate in the proceedings of the board for the purpose of making that decision. subject to the provisions of subsection (2) of this section, the board may by regulation make provision forthe procedure of the board; the procedure in appeals under this part; excepting from the provisions of section 107(1) of this constitution decisions in respect of public officers holding offices whose emoluments do not exceed such sums as may be prescribed by the regulations or such decisions to exercise disciplinary control, other than decisions to remove from office, as may be so prescribed. regulations made under this section may, with the consent of the prime minister, confer powers or impose duties on any public officer or any authority of the government for the purpose of the exercise of the functions of the board. the board may, subject to the provisions of this section and to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member. part 4. pensions 109. pensions laws and protection of pensions rights the law to be applied with respect to any pensions benefits that were granted to any person before 1st november 1981 shall be the law that was in force at the date on which those benefits were granted or any law in force at a later date that is not less favourable to that person. the law to be applied with respect to any pensions benefits (not being benefits to which subsection (1) of this section applies) shallin so far as those benefits are wholly in respect of a period of service as a judge or officer of the supreme court or a public officer that commenced before 1st november 1981, be the law that was in force on that date; and in so far as those benefits are wholly or partly in respect of a period of service as a judge or officer of the supreme court or a public office that commenced after 31st october 1981, be the law in force on the date on which that period of service commenced, or any law in force at a later date that is not less favourable to that person. where a person is entitled to exercise an option as to which of two or more laws shall apply in his case, the law for which he opts shall for the purposes of this section, be deemed to be more favourable to him than the other law or laws. all pensions benefits shall (except to the extent that they are by law charged upon and duly paid out of some other fund) be a charge on the consolidated fund. in this section "pensions benefits" means any pensions, compensations, gratuities or other like allowances for persons in respect of their service as judges or officers of the supreme court or public officers or for the widows, children, dependants or personal representatives of such persons in respect of such service. references in this section to the law with respect to pensions benefits include (without prejudice to their generality) references to the law regulating the circumstances in which such benefits may be granted or in which the grant of such benefits may be refused, the law regulating the circumstances in which such benefits that have been granted may be withheld, reduced in amount or suspended and the law regulating the amount of any such benefits. in this section references to service as a judge are references to service as a judge of the supreme court and references to service as a public officer include service in an office established under section 12 of the supreme court order. 110. power to withhold pensions etc where under any law any person or authority has a discretionto decide whether or not any pensions benefits shall be granted; or to withhold, reduce in amount or suspend any such benefits that have been granted, those benefits shall be granted and may not be withheld, reduced in amount or suspended unless the public service commission concurs in the refusal to grant the benefits or, as the case may be, in the decision to withhold them, reduce them in amount or suspend them. where the amount of any pensions benefits that may be granted to any person is not fixed by law, the amount of the benefits to be granted to him shall be the greatest amount for which he is eligible unless the public service commission concurs in his being granted benefits of a smaller amount. the public service commission shall not concur under subsection (1) or subsection (2) of this section in any action taken on the ground that any person who holds or has held the office of a judge of the supreme court, director of public prosecutions or director of audit or supervisor of elections has been guilty of misbehaviour in that office unless he has been removed from that office by reason of such misbehaviour. before the public service commission concurs under subsection (1) or subsection (2) of this section in any action taken on the ground that any person (who holds or has held any office to which, at the time of such action, section 103 of this constitution applies) has been guilty of misbehaviour in that office, the public service commission shall consult the judicial and legal services commission. in this section "pensions benefits" means any pensions, compensations, gratuities or other like allowances for persons in respect of their service as judges or officers of the supreme court or public officers or for the widows, children, dependants or personal representatives of such persons in respect of such service. in this section references to service as a public officer include service in an office established under section 12 of the supreme court order. chapter viii. citizenship 111. belonger status on and after 1st november 1981 a person shall, for the purposes of any law, be regarded as belonging to antigua and barbuda if, and only if, he is a citizen. 112. persons who automatically become citizens at commencement of this constitution the following persons shall become citizens on 1st november 1981every person who, having been born in antigua, was on 31st october 1981, a citizen of the united kingdom and colonies; every person born outside antigua if either of his parents or any one of his grandparents was born therein or was registered or naturalized while resident in antigua; every person who on 31st october 1981 was a citizen of the united kingdom and colonieshaving become such a citizen under the british nationality act 1948 by virtue of his having been naturalized while resident in antigua as a british subject before the act came into force; or having while resident in antigua become such a citizen by virtue of his having been naturalized or registered under that act; every person who, having been born outside antigua was on 31st october 1981 a citizen of the united kingdom and colonies and if his father or mother becomes, or would but for his or her death or the renunciation of his or her citizenship of the united kingdom and colonies have become, a citizen by virtue of paragraph (a), (b) or (c) of this section; every woman who, having been married to a person who becomes, or but for his death or the renunciation of his citizenship of the united kingdom and colonies, would have become a citizen by virtue of paragraph (a), (b), (c) or (d) of this section, was a citizen of the united kingdom and colonies on 31st october 1981; every person who on 31st october 1981 was under the age of eighteen years and is the child, stepchild, or child adopted in a manner recognized by law, of such a person as is mentioned in any of the preceding paragraphs of this section. 113. persons who automatically become citizens after commencement of this constitution the following persons shall become citizens at the date of their birth on or after 1st november 1981every person born in antigua and barbuda: provided that a person shall not become a citizen by virtue of this paragraph if at the time of his birthneither of his parents is a citizen and either of them possess such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to antigua and barbuda; or either of his parents is a citizen of a country with which her majesty is at war and the birth occurs in a place then under occupation by that country; every person born outside antigua and barbuda if at the date of his birth either of his parents is or would have been but for that parent's death, a citizen by virtue of section 112 of this constitution or paragraph (a) of this section; every person born outside antigua and barbuda if at the date of his birth either of his parents is, or would have been but for that parent's death, a citizen employed in service under the government or under an authority of the government that requires him or her to reside outside antigua and barbuda for the proper discharge of his or her functions. 114. persons entitled to citizenship by registration after commencement of this constitution subject to the provisions of paragraph (e) of section 112 and of section 117 of this constitution, the following persons shall be entitled, upon making application, to be registered on or after 1st november 1981any person who, on 31st october 1981was married to a person who becomes a citizen by virtue of section 112 of this constitution; or was married to a person who, having died before 1st november 1981, would have but for his or her death, become a citizen by virtue of that section: provided that such person is not, or was not at the time of the death of the spouse, living apart from the spouse under a decree of a competent court or a deed of separation; any person whowas married to a person who is or becomes a citizen; or was married to a person who was or, but for his or her death, would have become a citizen: provided that no application shall be allowed from such person before the marriage has subsisted for upwards of three years and that such person is not, or was not at the time of the death of the spouse, living apart from the spouse under a decree of a competent court or a deed of separation; every person being a commonwealth citizen who on 31st october 1981 was domiciled in antigua and had been ordinarily resident therein for a period of not less than seven years preceding that day; any person who being a commonwealth citizen is domiciled in antigua and barbuda and has for a period of not less than seven years immediately preceding his application been lawfully ordinarily resident in antigua and barbuda (whether or not that period commenced before 1st november 1981); any person who, but for having renounced his citizenship of the united kingdom and colonies in order to qualify for the acquisition or retention of the citizenship of another country, would have become a citizen on 1st november 1981; any person who, having been a citizen, had to renounce his citizenship in order to qualify for the acquisition or retention of the citizenship of another country; any person under the age of eighteen years who is the child, stepchild or child adopted in a manner recognised by law of a citizen or is the child, stepchild or child so adopted of a person who is or would but for his death have been entitled to be registered as a citizen under this subsection. an application under this section shall be made in such manner as may be prescribed as respects that application by or under a law enacted by parliament and, in the case of a person to whom subsection (1)(f) of this section applies, it shall be made on his behalf by his parent or guardian: provided that if the person to whom subsection (1)(f) of this section applies is or has been married, the application may be made by that person. 115. dual citizenship a person, who on 1st november 1981, is a citizen or entitled to be registered as such and is also a citizen of some other country or entitled to be registered as such shall not solely on the ground that he is or becomes a citizen of that country, bedeprived of his citizenship; refused registration as a citizen; or required to renounce his citizenship of that other country, by or under any law. a person referred to in subsection (1) of this section shall notbe refused a passport of antigua and barbuda or have such a passport withdrawn, cancelled, or impounded solely on the ground that he is in possession of a passport issued by some other country of which he is a citizen; or be required to surrender or be prohibited from acquiring a passport issued by some other country of which he is a citizen before being issued with a passport of antigua and barbuda or as a condition of retaining such a passport. 116. powers of parliament without prejudice to and subject to the provisions of sections 111, 112, 113, 114 and 115 of this constitution, parliament may, pursuant to the provisions of this section, make provision for the acquisition of citizenship by registration. an application for registration under this section may be refused by the minister responsible for the matter in any case in which he is satisfied that there are reasonable grounds for refusing the application in the interests of defence, public safety, public morality or public order. there shall be such provision as may be made by parliamentfor the acquisition of citizenship of antigua and barbuda by persons who are not eligible or who are no longer eligible to become citizens under the provisions of this chapter; for the renunciation by any person of his citizenship; for the certification of citizenship for persons who had acquired that citizenship and who desire such certification; and for depriving of his citizenship any person who is a citizen by virtue of registration if such registration as a citizen was obtained by false representation or fraud or wilful concealment of material facts or if he is convicted in antigua and barbuda of an act of treason or sedition: provided that any law enacted for the purposes of paragraph (d) of this section shall include provisions under which the person concerned shall have a right of appeal to a court of competent jurisdiction or other independent authority and shall be permitted to have legal representation of his own choice. 117. oath of allegiance any person not already owing allegiance to the crown who applies for registration under section 114 of this constitution shall before such registration, take the oath of allegiance. 118. interpretation any reference in this chapter to the national status of the father of a person at the time of that person's birth shall, in relation to a person born after the death of his father, be construed as a reference to the national status of the father at the time of the father's death; and where that death occurred before 1st november 1981 the national status that the father would have had if he had died on that day shall be deemed to be his national status at the time of his death: provided that in the case of a child born out of wedlock references to the mother shall be substituted for such references to the father. in this chapter"child" includes a child born out of wedlock and not legitimated; "father", in relation to a child born out of wedlock and not legitimated, includes a person who acknowledges and can show that he is the father of the child or has been found by a court of competent jurisdiction to be the father of the child; "parent" includes the mother of a child born out of wedlock. for the purposes of this chapter, a person born aboard a registered ship or aircraft of the government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country. chapter ix. judicial provisions 119. original jurisdiction of high court in constitutional questions subject to the provisions of sections 25(2), 47(8)(b), 56(4), 65(5), 123(7)(b) and 124 of this constitution, any person who alleges that any provision of this constitution (other than a provision of chapter ii) has been or is being contravened may, if he has a relevant interest, apply to the high court for a declaration and for relief under this section. the high court shall have jurisdiction on an application made under this section to determine whether any provision of this constitution (other than a provision of chapter ii) has been or is being contravened and to make a declaration accordingly. where the high court makes a declaration under this section that a provision of this constitution has been or is being contravened and the person on whose application the declaration is made has also applied for relief, the high court may grant to that person such remedy as it considers appropriate, being a remedy available generally under any law in proceedings in the high court. the chief justice may make provision, or authorise the making of provision, with respect to the practice and procedure of the high court in relation to the jurisdiction and powers conferred on the court by or under this section, including provision with respect to the time within which any application under this section may be made. a person shall be regarded as having a relevant interest for the purpose of an application under this section only if the contravention of this constitution alleged by him is such as to affect his interests. the rights conferred on a person by this section to apply for a declaration and relief in respect of an alleged contravention of this constitution shall be in addition to any other action in respect of the same matter that may be available to that person under any other law or any rule of law. nothing in this section shall confer jurisdiction on the high court to hear or determine any such question as is referred to in section 44 of this constitution. 120. reference of constitutional questions to high court where any question as to the interpretation of this constitution arises in any court of law established for antigua and barbuda (other than the court of appeal, the high court or a court-martial) and the court is of the opinion that the question involves a substantial question of law, the court may, and shall if any party to the proceedings so requests, refer the question to the high court. where any question is referred to the high court in pursuance of this section, the high court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if the decision is the subject of an appeal to the court of appeal or her majesty in council, in accordance with the decision of the court of appeal or, as the case may be, her majesty in council. 121. appeals to court of appeal subject to the provisions of section 44 of this constitution, an appeal shall lie from decisions of the high court to the court of appeal as of right in the following casesfinal decisions in any civil or criminal proceedings on questions as to the interpretation of this constitution; final decisions given in exercise of the jurisdiction conferred on the high court by section 18 of this constitution (which relates to the enforcement of the fundamental rights and freedom); and such other cases as may be prescribed by parliament. 122. appeals to her majesty in council an appeal shall lie from decisions of the court of appeal to her majesty in council as of right in the following casesfinal decisions in any civil proceedings where the matter in dispute on the appeal to her majesty in council is of the prescribed value or upwards or where the appeal involves directly or indirectly a claim to or question respecting property or a right of the prescribed value or upwards; final decisions in proceedings for dissolution or nullity of marriage; final decisions in any civil or criminal proceedings which involve a question as to the interpretation of this constitution; and such other cases as may be prescribed by parliament. subject to the provision of section 44(8) of this constitution, an appeal shall lie from decisions of the court of appeal to her majesty in council with the leave of the court of appeal in the following casesdecisions in any civil proceedings where in the opinion of the court of appeal the question involved in the appeal is one that, by reason of its great general or public importance or otherwise, ought to be submitted to her majesty in council; and such other cases as may be prescribed by parliament. an appeal shall lie to her majesty in council with the special leave of her majesty from any decision of the court of appeal in any civil or criminal matter. reference in this section to decisions of the court of appeal shall be construed as references to decisions of the court of appeal in exercise of the jurisdiction conferred upon that court by this constitution or any other law for the time being in force. in this section the prescribed value means the value of fifteen hundred dollars or such other value as may be prescribed by parliament. chapter x. miscellaneous 123. local government there shall be a council for barbuda which shall be the principal organ of local government in that island. the council shall have such membership and functions as parliament may prescribe. parliament may alter any of the provisions of the barbuda local government act, 1976, specified in schedule 2 to this constitution (which provisions are in this section referred to as "the said provisions") in the manner specified in the following provisions of this section and in no other manner whatsoever. a bill to alter any of the said provisions shall not be regarded as being passed by the house unless after its final reading in that house the bill is referred to the barbuda council by the clerk of the house and the barbuda council gives its consent to the bill by resolution of the council, notice of which shall forthwith be given by the council to the clerk of the house. an amendment made by the senate to such a bill as is referred to in subsection (4) of this section which bill has been passed by the house and consented to by the barbuda council shall not be regarded as being agreed to by the house for the purpose of section 55 of this constitution unless the barbuda council signifies to the clerk of the house the consent by resolution of the barbuda council to that amendment. for the purpose of section 55(4) of this constitution, an amendment of a bill to alter any of the said provisions shall not be suggested to the senate by the house unless the barbuda council signifies to the clerk of the house the consent by resolution of the barbuda council for the house so to suggest the amendment. 7 a bill to alter any of the said provisions shall not be submitted to the governor-general for his assent unless it is accompanied by a certificate under the hand of the speaker (or, if the speaker is for any reason unable to exercise the functions of his office, the deputy speaker) that the provisions of subsection (4), (5) or (6), as the case may be, of this section have been complied with. the certificate of the speaker or, as the case may be, the deputy speaker, under this subsection shall be conclusive that the provisions of subsection (4), (5) or (6), as the case may be, of this section have been complied with and shall not be enquired into in any court of law. 124. certain questions not to be enquired into in any court where by this constitution the governor-general is required to perform any function in accordance with the advice of the cabinet, the prime minister or any other minister or the leader of the opposition or any other person, body or authority or after consultation with any person, body or authority, the question whether the governor-general has received or acted in accordance with such advice, or whether such consultation has taken place, shall not be enquired into in any court of law. 125. resignations any person who is appointed or elected to any office established by this constitution may resign from that office by writing under his hand addressed to the person or authority by whom he was appointed or elected: provided thatthe resignation of a person from the office of president or vice-president or from the office of speaker or deputy speaker shall be addressed to the senate or the house, as the case may be, and the resignation of any person from membership of the senate or the house shall be addressed to the president or the speaker, as the case may be. the resignation of any person from any such office as aforesaid shall take effect when the writing signifying the resignation is received by the person or authority to whom it is addressed or any person authorised by that person or authority to receive it. 126. reappointments and concurrent appointments where any person has vacated any office established by this constitution or any office of minister established under this constitution, he may, if qualified, again be appointed or elected to that office in accordance with the provisions of this constitution. where this constitution vests in any person or authority the power to make any appointment to any office, a person may be appointed to that office, notwithstanding that some other person may be holding that office, when that other person is on leave of absence pending the relinquishment of that office; and where two or more persons are holding the same office by reason of an appointment made in pursuance of this subsection, then, for the purposes of any function conferred upon the holder of that office, the person last appointed shall be deemed to be the sole holder of the office. 127. interpretation in this constitution, unless the context otherwise requires"citizen" means a citizen of antigua and barbuda and "citizenship" shall be construed accordingly; "commonwealth citizen" has such meaning as parliament may by law prescribe; "dollars" means dollars in the currency of antigua and barbuda; "financial year" means any period of twelve months beginning on 1st january in any year or such other date as parliament may prescribe; "the government" means the government of antigua and barbuda; "the house" means the house of representatives; "law" means any law in force in antigua and barbuda or any part thereof, including any instrument having the force of law and any unwritten rule of law and "lawful" and "lawfully" shall be construed accordingly; "minister" means a minister of the government; "oath" includes affirmation; "oath of allegiance" means the oath of allegiance set out in schedule 3 to this constitution; "oath of office" means, in relation to any office, the oath for the due execution of that office set out in schedule 3 to this constitution; "oath of secrecy" means the oath of secrecy set out in schedule 3 to this constitution; "parliament" means the parliament of antigua and barbuda; "the police force" means the police force established by the police act [fn: laws of antigua, c. 187.] and includes any other police force established by or under a law enacted by parliament to succeed to or to supplement the functions of the police force; "president" and "vice-president" means the respective persons holding office as president and vice-president of the senate; "public office" means any office of emolument in the public service and includes an office of emolument in the police force; "public officer" means a person holding or acting in any public office and includes an officer or member of the police force; "the public service" means, subject to the provisions of this section, the service of the crown in a civil capacity in respect of the government of antigua and barbuda; "session" means the period beginning when the senate or the house first meets after any prorogation or dissolution of parliament and ending when parliament is prorogued or is dissolved without having been prorogued; "sitting" means in relation to either house of parliament the period during which the house is sitting continuously without adjournment and includes any period during which it is in committee; "speaker" and "deputy speaker" means the respective persons holding office as speaker and deputy speaker of the house; in this constitution references to an office in the public service shall not be construed as includingreferences to the office of president or vice-president, speaker or deputy speaker, prime minister or any other minister, parliamentary secretary, member of either house of parliament or the ombudsman; references to the office of a member of any commission established by this constitution or a member of the advisory committee on the prerogative of mercy or a member of the public service board of appeal; references to the office of a judge or officer of the supreme court; save in so far as may be provided by parliament, references to the office of a member of any council, board, panel, committee or other similar body (whether incorporated or not) established by or under any law. in this constitutionreferences to this constitution, the supreme court order, the british nationality act 1948 or the barbuda local government act, 1976, or any provision thereof, include references to any law altering this constitution or that order, act or provision, as the case may be; references to the supreme court, the court of appeal, the high court and the judicial and legal services commission are references to the supreme court, the court of appeal, the high court and the judicial and legal services commission established by the supreme court order; references to the chief justice have the same meaning as in the supreme court order; references to a judge of the supreme court are references to a judge of the high court or the court of appeal and, unless the context otherwise requires, include references to a judge of the former supreme court of the windward islands and leeward islands; and references to officers of the supreme court are references to the chief registrar and other officers of the supreme court appointed under the supreme court order. for the purpose of this constitution, a person shall not be regarded as holding an office by reason only of the fact that he is in receipt of a pension or other like allowance in respect of his former tenure of any office. in this constitution, unless the context otherwise requires, a reference to the holder of an office by the term designating his office shall be construed as including, to the extent of his authority, a reference to any person for the time being authorised to exercise the functions of that office. except in the case where this constitution provides for the holder of any office thereunder to be such person holding or acting in any other office as may for the time being be designated in that behalf by some other specified person or authority, no person may, without his consent, be nominated for election to any such office or be appointed to or to act therein or otherwise be selected therefor. references in this constitution to the power to remove a public officer from his office shall be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service: provided thatnothing in this subsection shall be construed as conferring on any person or authority the power to require the director of public prosecutions, the director of audit or the supervisor of elections to retire from the public service; and any power conferred by any law to permit a person to retire from the public service shall, in the case of any public officer who may be removed from office by some person or authority other than a commission established by this constitution, vest in the public service commission. any provision in this constitution that vests in any person or authority the power to remove any public officer from his office shall be without prejudice to the power of any person or authority to abolish any office or to any law providing for the compulsory retirement of public officers generally or any class of public officer on attaining an age specified by or under that law. where this constitution vests in any person or authority the power to appoint any person to act in or to exercise the functions of any office if the holder thereof is himself unable to exercise those functions, no such appointment shall be called in question on the grounds that the holder of the office was not unable to exercise those functions. no provision of this constitution that any person or authority shall not be subject to the direction or control of any other person or authority in the exercise of any functions under this constitution shall be construed as precluding a court of law from exercising jurisdiction in relation to any question whether that person or authority has exercised those functions in accordance with this constitution or any other law. without prejudice to the provisions of section 14 of the interpretation act 1978 [fn: 1978 c. 30.] (as applied by subsection (16) of this section), where any power is conferred by this constitution to make any order, regulation or rule or give any direction or make any designation, the power shall be construed as including the power, exercisable in like manner and subject to the like conditions, if any, to amend or revoke any such order, regulation, rule, direction, or designation. subject to the provisions of subsection 3(a) of this section any reference in this constitution to a law made before 1st november 1981 shall, unless the context otherwise requires, be construed as a reference to that law as it had effect on 31st october 1981. in this constitution references to altering this constitution or any other law, or any provision thereof, include referencesto revoking it with or without re-enactment thereof or the making of different provision in lieu thereof; to modifying it whether by omitting or amending any of its provisions or inserting additional provisions in it or otherwise; and to suspending its operation for any period or terminating any such suspension. in this constitution, any reference to a time when her majesty is at war shall be construed as a reference to a time when antigua and barbuda is engaged in hostilities with another country. in relation to all matters previous to 1st november 1981 references in this constitution to antigua or to antigua and barbuda shall in relation to the periods specified include (to such extent as the context may require) references as follows:to the associated state of antigua as respects the period from 27th february 1967 to 31st october 1981; to the colony of antigua as respects the period from 1st july 1956 to 26th february 1967; and to the presidency of antigua comprised in the colony of the leeward islands as respects the period from 5th march 1872 to 30th june 1956. the interpretation act 1978 shall apply, with the necessary adaptations, for the purpose of interpreting this constitution and otherwise in relation thereto as it applies for the purpose of interpreting and in relation to acts of parliament of the united kingdom. schedule 1 to the constitution part 1. the provisions of the constitution referred to in section 47(5) chapter ii; chapter vi; sections 22, 23, 68 and 80; sections 27, 28, 36, 40, 44, 46, 52, 54, 57, 58, 59, 60, 61, 62, 63, 64 and 65. chapter vii (except sections 106, 107 and 108); chapter viii; chapter ix; section 123; section 127 in its application to any of the provisions mentioned in the foregoing items of this part. part 2. the provisions of the supreme court order referred to in section 47(5) sections 4, 5, 6, 8, 11, 18 and 19. schedule 2 to the constitution. provisions of the barbuda local government act, 1976 referred to in section 123(3) to (7) sections 1 to 44 and the first schedule schedule 3 to the constitution oath (or affirmation) of allegiance i, , do swear (or solemnly affirm) that i will faithfully bear true allegiance to her majesty queen elizabeth the second, her heirs and successors, according to law. so help me god. (to be omitted in affirmation). oath (or affirmation) of office i, , do swear (or solemnly affirm) that i will honour, uphold and preserve the constitution of antigua and barbuda and the law, that i will conscientiously, impartially and to the best of my ability discharge my duties as and do right to all manner of people without fear or favour, affection or ill-will. so help me god. (to be omitted in affirmation). oath (or affirmation) of office i, , do swear (or solemnly affirm) that i will not on any account, at any time whatsoever, disclose any counsel, advice, opinion or vote given by any minister as a member of the cabinet and that i will not, except with the authority of the cabinet and to such extent as may be required for the proper conduct of the government of antigua and barbuda, directly or indirectly reveal the business or proceedings of the cabinet or any matter coming to my knowledge as a member of (or secretary to) the cabinet. so help me god. (to be omitted in affirmation). preamble drawing inspiration from the sudanese people’s struggles over the course of history and during the years of the former dictatorial regime from the time that it undermined the constitutional regime on 30 june 1989; believing in the principles of the glorious september 2018 revolution; honoring the lives of the martyrs and affirming the rights of the victims of the policies of the former regime; affirming the role of women and their active participation in carrying out the revolution; recognizing the role of young people in leading the revolutionary movement; responding to the aspirations of the sudanese people to build a modern, democratic nation-state in accordance with an integrated reform project; enshrining the principle of political pluralism and the establishment of a state of law that recognizes diversity, that takes citizenship as a basis for rights and duties, and that elevates the values of justice, equality and human rights; believing in the unity of sudanese territory and national sovereignty; committed to the goals of the declaration of freedom and change agreed upon between the military council and the forces of freedom and change; striving to implement measures to achieve transitional justice, fight corruption, recover stolen funds, reform the national economy, achieve a state of prosperity, welfare and social justice, reform institutions of the state and public service, strengthen the pillars of social peace, deepen the values of tolerance and reconciliation between the components of the sudanese people and rebuild trust between all the people of sudan; confirming our determination to lay the foundations for a healthy civil regime to govern sudan in the future; and based on the revolution’s legitimacy; we, the transitional military council and the forces of freedom and change, have agreed to issue the following constitutional charter: chapter 1. general provisions 1. name and entry into force this document is entitled the constitutional charter for the transitional period of 2019. it enters into force from its date of signature. 2. repeal and exemption the transitional constitution of sudan of 2005 and state constitutions are repealed, while the laws issued thereunder remain in force, unless they are repealed or amended. the decrees issued from 11 april 2019 until the date of signature of this constitutional charter remain in force, unless they are repealed or amended by the transitional legislative council. if any of it contradicts any provisions of this constitutional charter, the provisions of the present charter prevail. 3. supremacy of the charter’s provisions the constitutional charter is the supreme law of the republic of sudan. its provisions prevail over all laws. provisions of any law that are inconsistent with the provisions of this constitutional charter shall be repealed or amended to the extent required to remove such inconsistency. 4. nature of the state the republic of sudan is an independent, sovereign, democratic, parliamentary, pluralistic, decentralized state, where rights and duties are based on citizenship without discrimination due to race, religion, culture, sex, color, gender, social or economic status, political opinion, disability, regional affiliation or any other cause. the state is committed to the respect of human dignity and diversity; and is founded on justice, equality and on the guarantee of human rights and fundamental freedoms. 5. sovereignty sovereignty is vested in the people and is exercised by the state in accordance with the provisions of this constitutional charter. 6. rule of law all people, bodies and associations, whether official or unofficial, are subject to the rule of law. the transitional authority is committed to upholding the rule of law and applying the principle of accountability and restitution of grievances and rights that have been denied. notwithstanding any text that is provided for in any law, war crimes, crimes against humanity, crimes of extra-judicial killing, violations of human rights and international humanitarian law, crimes of financial corruption, and all crimes that involve abuse of authority committed since 30 june 1989 shall not be extinguished by prescription. chapter 2. transitional period 7. duration of transitional period the duration of the transitional period shall be thirty nine gregorian months, starting from the date of signing of this constitutional charter. during the first six months of the transitional period, the priority shall be given to working seriously to establish peace in accordance with the provisions of the transitional period program in this regard. 8. mandate of the transitional period during the transitional period, state agencies shall be committed to performing the following duties: work on achieving a just and comprehensive peace, ending the war by addressing the roots of the sudanese problem, treating its effects, and considering the provisional preferential measures for war-affected regions, underdeveloped regions and the most affected groups. repeal laws and provisions that restrict freedoms or that discriminate between citizens on the basis of gender. hold members of the former regime accountable in accordance with law for all crimes committed against the sudanese people since 30 june 1989. resolve the economic crisis by stopping economic deterioration and work on laying the foundations for sustainable development by implementing an urgent economic, social, financial, and humanitarian program to face current challenges. carry out legal reform, rebuild and develop the rights and justice system, and ensure the independence of the judiciary and the rule of law. work on settling the status of those who were arbitrarily dismissed from civil and military service, and strive to remedy the harm they suffered in accordance with the law. guarantee and promote women’s rights in sudan in all social, political, and economic fields, and combat all forms of discrimination against women, taking into account provisional preferential measures in both war and peace circumstances. strengthen the role of young people of both sexes and expand their opportunities in all social, political and economic fields. establish mechanisms to prepare to establish a permanent constitution for the republic of sudan. hold the national constitutional conference before the end of the transitional period. enact legislation related to the tasks of the transitional period. establish programs to reform state agencies during the transitional period in a manner that reflects their independence, national nature, and the fair distribution of opportunities therein, without altering conditions of aptitude and competence. the task of reforming military bodies shall be entrusted to military institutions in accordance with the law. establish a balanced foreign policy that achieves the state’s supreme national interests and that works on improving and building sudan’s foreign relations, based on independence and shared interests in a manner that preserves sudan’s sovereignty, security and borders. play an active role in social welfare and achieve social development by striving to provide healthcare, education, housing and social security, and work on maintaining a clean natural environment and biodiversity in the country and protecting and developing it in a manner that guarantees the future of generations. dismantle the 30 june 1989 regime’s structure for consolidation of power (tamkeen), and build a state of laws and institutions. form a national independent investigation committee, with african support if necessary as assessed by the national committee, to conduct a transparent, detailed investigation of violations committed on 3 june 2019, and events and incidents where violations of the rights and dignity of civilian and military citizens were committed. the committee shall be formed within one month from the date of approval of the prime minister’s appointment. the order forming the committee shall contain guarantees that it will be independent and possess full powers to investigate and shall determine the timeframe for its work. chapter 3. transitional period bodies 9. levels of government the republic of sudan is a decentralized state, whose levels of government are as follows: the federal level, which exercises its powers to protect the sovereignty of sudan and the safety of its territory, and promote the welfare of its people by exercising powers on the national level; the regional or state level, which exercises its powers on the level of regions or states in accordance with measures that will be decided subsequently; the local level, which promotes broad popular participation and expresses the basic needs of citizens. the law determines its structures and powers. the different levels of government have exclusive and shared competencies and powers and resources for each level, as determined by the law. until the geographical demarcation and distribution of powers and competencies between the levels of government is re-examined, the existing system shall remain in effect and executive governments shall be formed in the states, as determined by subsequent measures. 10. transitional government bodies the transitional government bodies are formed as follows: the sovereignty council, which is the head of state and the symbol of its sovereignty and unity; the cabinet, which is the supreme, executive authority of the state; the transitional legislative council, which is the authority responsible for legislation and oversight over the executive branch’s performance. chapter 4. sovereignty council 11. composition of the sovereignty council the sovereignty council is the head of state, the symbol of its sovereignty and unity, and the supreme commander of the armed forces, the rapid support forces, and other uniformed forces. it is formed by agreement between the transitional military council and the forces of freedom and change. the sovereignty council consists of 11 members, of whom five are civilians selected by the forces of freedom and change, and five are selected by the transitional military council. the eleventh member is a civilian, selected through agreement between the transitional military council and the forces of freedom and change. over the first twenty one months of the transitional period, the sovereignty council is chaired by someone selected by the military members, and in the remaining 18 months of the transitional period, starting from 17 may 2021, it is chaired by a civilian member selected by the five civilian members who were selected by the forces of freedom and change. 12. competencies and powers of the sovereignty council the sovereignty council exercises the following competencies and powers: appoint the prime minister selected by the forces of freedom and change; confirm the cabinet members appointed by the prime minister, from a list of candidates provided by the forces of freedom and change; confirm governors of states or provinces, as the case may be, after they are appointed by the prime minister; confirm the appointment of members of the transitional legislative council after they are selected in accordance with the provisions of article 24(3) of this charter; confirm the formation of the supreme judicial council after it is formed in accordance with the law; confirm the appointment of the chief justice, judges of the supreme court, and the president and members of the constitutional court, after they are nominated by the supreme judicial council. until the supreme judicial council is formed, the chief justice shall be nominated by the sovereignty council; confirm the appointment of the prosecutor-general after he is nominated by the supreme council of the public prosecution. until the supreme prosecutorial council is reconstituted, the prosecutor general shall be appointed by the sovereignty council; confirm the appointment of the auditor-general after he is selected by the cabinet; confirm sudan’s ambassadors abroad upon nomination of the cabinet, and accept the accreditation of foreign ambassadors to sudan; declare war based on a recommendation from the security and defense council, which consists of the sovereignty council, the prime minister, the minister of defense, the minister of interior, the minister of foreign affairs, the minister of justice, the minister of finance, the general commander of the armed forces, the prosecutor-general and the director-general of the general intelligence service, provided that [the declaration of war] is ratified by the transitional legislative council within fifteen days from the date of the declaration. if the transitional legislative council is not in session, an emergency session shall be convened; declare a state of emergency at the request of the cabinet, which is ratified by the transitional legislative council within fifteen days from the date of the declaration; sign laws passed by the transitional legislative council. in the event the sovereignty council fails to sign a law for fifteen days without providing reasons, the law is deemed in effect. if within the same fifteen day period, the sovereignty council provides reasons for its refusal to sign, the law is returned to the transitional legislative council which will deliberate on the sovereignty council’s observations. the draft law is adopted if the transitional legislative council passes it again; in this case, the sovereignty council’s approval is not necessary for the law to enter into force. ratify final rulings requiring the imposition of the death penalty issued by judicial authorities in accordance with the law; pardon and vacate the sentence or conviction in accordance with the law; sign international and regional agreements after ratification by the transitional legislative council; oversee the peace process with armed movements; issue regulations organizing its activities. for the purposes of this article, “confirm” refers to signatures that are formally necessary for the issued decision to enter into effect. a decision shall enter into effect within fifteen days from the date on which it is submitted to the sovereignty council. if the sovereignty council provides reasons for its refusal to confirm or ratify within fifteen days from the date on which it receives the decision, the decision shall be returned to the body that issued it to deliberate the sovereignty council’s observations. if the competent body issues the decision again, the decision or ratification shall beconsidered legally effective. the sovereignty council issues decisions by consensus or, in the absence of consensus, by a two-thirds majority of its members. 13. conditions for membership in the sovereignty council the chairman and members of the sovereignty council shall meet the following conditions: he is of sudanese nationality by birth, and does not hold the nationality of any other country; he is not less than thirty-five years of age; he possesses integrity and competence; he has not been convicted by a final ruling from a competent court for a crime related to honor, trustworthiness or financial responsibility. 14. loss of membership in the sovereignty council members of the sovereignty council lose their membership for any of the following reasons: resignation; illness that prevents him from performing his duties, in accordance with a medical report issued by a legally accredited body; conviction by a final ruling from a competent court on a crime related to honor, trustworthiness or financial responsibility; loss of one of the conditions of membership; death; in the event a seat on the sovereignty council becomes vacant, the transitional legislative council shall nominate a replacement member if the member whose seat was vacated is a civilian, and the general commander of the armed forces shall nominate the replacement if the member is military, and the sovereignty council shall confirm the appointment. chapter 5. transitional cabinet 15. composition of the transitional cabinet the cabinet is composed, through consultations, of a prime minister and a number of ministers not exceeding twenty from national and independent professionals, appointed by the prime minister from a list of candidates provided by the forces of freedom and change, and confirmed by the sovereignty council, except for the ministers of defense and interior, who are nominated by the sovereignty council’s military members. the forces of freedom and change selects the prime minister, and the sovereignty council appoints him. ministers bear collective and individual responsibility before the transitional legislative council for the performance of the cabinet and that of the ministries. 16. the cabinet’s competencies and powers the cabinet has the following competencies and powers: implement the tasks of the transitional period in accordance with the program of the freedom and change declaration contained in this charter; work to stop the wars and conflicts and build peace; initiate draft laws, the draft general budget of the state, international treaties and bilateral and multilateral agreements; devise plans, programs, and policies relating to public civil service, which shall be responsible for administering the apparatus of the state and for applying and implementing such plans and programs; form independent national commissions in accordance with the provisions of chapter 12; appoint and dismiss the heads of the civil service, oversee and guide the work of state agencies, including the activities of ministries, public institutions, bodies, authorities and the companies subordinate or connected thereto, and coordinate between them in accordance with the law; supervise the enforcement of the law in accordance with the various competencies and take all measures and procedures to perform its transitional duties; issue regulations organizing its activities. 17. conditions for membership in the cabinet the prime minister and members of the cabinet shall meet the following conditions: he is sudanese by birth; he is not less than twenty-five years of age; he has integrity, competence, practical expertise qualifications and has the appropriate administrative capabilities for the position; he has not been convicted by a final ruling from a competent court of a crime of honor, trustworthiness or financial responsibility; in addition to the condition set ou in paragraph (1)(a) of this article, the prime minister and the ministers of defense, interior, foreign affairs, and justice shall not bear the nationality of another country. exceptions from this condition may be granted by agreement between the sovereignty council and the forces of freedom and change for the prime minister, and by agreement between the sovereignty council and the prime minister with respect to the ministers mentioned in this paragraph. 18. loss of membership in the cabinet the prime minister or cabinet members lose their position for any of the following reasons: resignation of the prime minister and its acceptance by the sovereignty council; resignation of the minister and its acceptance by the prime minister and confirmation by the sovereignty council; dismissal of a minister by the prime minister, and confirmation by the sovereignty council; withdrawal of confidence by the transitional legislative council with a two-thirds majority; conviction by a final judgment from a competent court for a crime related to honor, trustworthiness or financial responsibility; illness that prevents him from his duties in accordance with a medical report issued by a legally accredited body; death; loss of one of the conditions of membership; in the event the position of prime minister is vacant, the transitional legislative council names a prime minister, and the sovereignty council confirms his appointment. in the event the position of prime minister is vacant before the transitional legislative council is formed, the prime minister is appointed in accordance with the initial appointment procedure. chapter 6. common provisions for constitutional positions 19. declaration of assets and prohibition of commercial activities upon assuming their positions, the chairman and members of the sovereignty council and the cabinet, governors or ministers of provinces or states and members of the transitional legislative council submit a declaration of assets including their properties and obligations, as well as those of their spouses and children, in accordance with the law. the chairman and members of the sovereignty council and of the cabinet, governors or ministers of provinces or states undertake to refrain from practicing any private profession or commercial or financial activity while occupying their positions. they shall not receive any financial compensation, gifts, or work of any type from any non-governmental entity, whatever the case may be. 20. prohibition on candidacy in elections the chairman and members of the sovereignty council and of the cabinet, governors or ministers of provinces or states, cannot run in the general elections that follows the transitional period. 21. challenging actions of the sovereignty council and cabinet anyone harmed by the actions of the sovereignty council or of the cabinet may challenge the same before: the constitutional court, if the challenge is related to any infringement of the constitutional order or constitutional freedoms, protections or rights. a court, if the challenge is related to any violation of the law. the law establishes the sovereign matters that are not subject to appeal. 22. procedural immunity criminal procedures may not be taken against any member of the sovereignty council, cabinet, transitional legislative council or governors of provinces/states without receiving the necessary permission to lift immunity from the legislative council. the decision to lift this procedural immunity is issued by a simple majority of members of the legislative council. until the transitional legislative council is formed, lifting immunity falls within the competencies of the constitutional court. if the legislative council is not in session, an emergency session is held. 23. oath of the chairman and members of the sovereignty council and cabinet the chairman and members of the sovereignty council and ministers swear the following oath before the chief justice: “i …………… swear by almighty god, as chairman/member of the transitional sovereignty council/cabinet, that i will be sincere and faithful in my loyalty to the republic of sudan, and that i will perform my duties and responsibilities with seriousness, trustworthiness and transparency for the advancement, prosperity and progress of the sudanese people. i swear that i am committed to and will protect and preserve the transitional constitutional charter, that i will observe the laws of the republic of sudan, and that i will defend the sovereignty of the country. i swear that i will work for its unity, that i will strengthen the pillars of democratic governance, and that i will protect the dignity and honor of the people of sudan. with god as my witness.” chapter 7. transitional legislative council 24. composition of the transitional legislative council the transitional legislative council is an independent legislative authority. it may not be dissolved. the number of members therein shall not exceed three hundred members, provided that consideration shall be given to represent all forces participating in the change, except for members of the national congress and the political forces that participated in the former regime until its downfall. the participation of women must not be less than 40% of the transitional legislative council’s members. 67% of the members of the transitional legislative council are selected by the forces of freedom and change, and 33% are selected by the other forces that did not sign the freedom and change declaration. the latter shall be specified and each force’s proportion in the council determined in consultation between the forces of freedom and change and the military members of the sovereignty council. the transitional legislative council is formed and begins to exercise its duties in a period not exceeding 90 days from the date on which this charter is signed. in forming the transitional legislative council, consideration shall be given to the components of sudanese society, including political, civil and professional forces, sufi orders, native administrations, and armed movements that signed and those that did not sign the freedom and change declaration, as well as other components of sudanese society. 25. competencies, powers and term of office of the transitional legislative council the transitional legislative council has the following competencies and powers: enacting laws and legislation; overseeing the performance of the cabinet, holding it accountable, and withdrawing confidence therefrom or from any of its members, if necessary; approving the general budget of the state; ratifying bilateral, regional and international agreements and treaties; enacting legislation and regulations organizing its activities and selecting the council’s speaker, deputy speaker and its specialized committees; in the event confidence is withdrawn from the prime minister, the transitional legislative council names the prime minister, who is confirmed by the sovereignty council; until the transitional legislative council is formed, the council’s powers are invested in the members of the sovereignty council and the cabinet, who exercise them in a joint meeting, and who take decisions by consensus or by a two-thirds majority of members. decisions of the transitional legislative council are issued by simple majority; the term of the transitional legislative council concludes at the end of the transitional period. 26. conditions of membership in the transitional legislative council members in the transitional legislative council shall meet the following conditions: he is a sudanese national by birth; he is not less than twenty-one years of age; he possesses integrity and competence; he has not been convicted by a final ruling from a competent court of a crime relating to honor, trustworthiness, or financial responsibility; he must be able to read and write. 27. loss of membership in the transitional legislative council a member of the legislative council loses his position for any of the following reasons: resignation and its acceptance by the transitional legislative council; dismissal by the transitional legislative council, in accordance with the regulations organizing its work; conviction by a final ruling from a competent court of a crime related to honor, trustworthiness or financial responsibility; illness that prevents him from performing his duties, in accordance with a medical report issued by a legally accredited body; death; loss of one of the membership conditions set forth in article 26. in the event the seat of a member of the transitional legislative council is vacant, the entity that originally nominated such member selects a replacement member, who is approved by the sovereignty council. if this is impossible, the transitional legislative council selects a replacement member. 28. oath of the speaker and members of the transitional legislative council the speaker and members of the transitional legislative council swear the following oath: “i ………….. swear by almighty god, as speaker / member of the transitional legislative council that i will be sincere and faithful in my loyalty to the republic of sudan, and that i will perform my duties and responsibilities with seriousness, trustworthiness and transparency for the advancement, prosperity and progress of the sudanese people. i swear that i am committed, and will protect and preserve the transitional constitutional charter, that i will observe the laws of the republic of sudan, and that i will defend the sovereignty of the country. i swear that i will work for its unity, that i will strengthen the pillars of democratic governance, and that i will protect the dignity and honor of the people of sudan. with god as my witness.” chapter 8. national judiciary bodies 29. supreme judicial council a supreme judicial council shall be established to take the place and assume the duties of the national judicial service commission. the law defines its composition, competencies and powers. the supreme judicial council selects the president and members of the constitutional court and the chief justice and his deputies. 30. the judicial authority in the republic of sudan, jurisdiction over the judiciary is entrusted to the judicial authority. the judicial authority is independent from the sovereignty council and the transitional legislative council and the executive branch, and it has the necessary financial and administrative independence. the judicial authority has jurisdiction to adjudicate disputes and issue rulings in accordance with the law. the chief justice of the republic of sudan is the head of the judicial authority and president of the national supreme court, and shall be responsible for administering the judicial authority before the supreme judicial council. the state’s agencies and institutions implement the courts’ rulings and orders. 31. the constitutional court the constitutional court is an independent court, and is separate from the judicial authority. it is competent to oversee the constitutionality of laws and measures, to protect rights and freedoms, and to adjudicate constitutional disputes. the constitutional court is formed and its competencies and powers are defined in accordance with the law. chapter 9. public prosecution the public prosecution is an independent agency that works in accordance with the organizing laws. the supreme council of the public prosecution nominates the prosecutor-general and his assistants, who are appointed by the sovereignty council. chapter 10. auditor-general the public audit agency is an independent agency that works in accordance with the organizing laws. chapter 11. uniformed agencies 35. armed forces the armed forces and rapid support forces are a national military institution that protects the unity and sovereignty of the nation. they are subordinated to the general commander of the armed forces and subject to the sovereign authority. the armed forces law and the rapid support forces law organize the relationship of the military institution with the executive authority. 36. police forces the police forces are national, uniformed law enforcement forces, and are competent to preserve the security and safety of society. they are subject to the policies and decisions of the executive authority in accordance with the law. the police law and armed forces law organize their relationship with the sovereign authority. 37. general intelligence service the general intelligence service is a uniformed agency that is competent on national security. its duties shall be limited to gathering and analyzing information and providing it to the competent bodies. the law defines its obligations and duties. it is subject to the sovereign and executive authorities in accordance with the law. 38. military courts notwithstanding the general jurisdiction of the judiciary, military courts are established for the armed forces, rapid support forces, police forces, and the general intelligence service to try their members in relation to their violations of military laws. this does not apply to crimes against civilians or relating to the rights of civilians over which the regular courts of the judiciary are competent. chapter 12. independent commissions 39 independent commissions shall be established. experts with attested competence and integrity shall be nominated therefor. the formation of these commissions and their competencies are defined by the laws that establish them. candidates for membership on the commissions shall meet the following requirements: academic qualifications and practical expertise in the relevant field; not having held sovereign or constitutional positions during the period of rule from 30 june 1989; neutrality, integrity, competence and professional independence. the sovereignty council appoints the chairman and members of the following commissions, in consultation with the cabinet: the peace commission; the borders commission; the constitutional drafting and constitutional conference commission; the elections commission. the prime minister appoints the head and the members of the following commissions: the legal reform commission; the anti-corruption and public funds recovery commission; the human rights commission; the civil service reform commission; the land commission; the transitional justice commission; the women and gender equality commission; any other commissions that the cabinet deems necessary to establish. chapter 13. state of emergency 40 upon the occurrence of any urgent danger or natural or environmental disaster that threatens the unity of the country, or any part thereof, or its safety or economy, the sovereignty council may, pursuant to a request from the cabinet, declare a state of emergency in the country or any part thereof, in accordance with this constitutional charter and the law. the declaration of a state of emergency shall be presented to the transitional legislative council within fifteen days from the date of its issuance. if the transitional legislative council is not in session, an emergency session shall be convened. upon the legislative council’s ratification of the declaration of a state of emergency, all exceptional laws, orders and measures issued thereunder remain in force. the declaration of a state of emergency is extinguished if the legislative council does not ratify it, and all the measures taken thereunder are extinguished, without retroactive force. the powers of the cabinet in a state of emergency: while the state of emergency is in effect, the cabinet may take any measures which do not restrict, or partially repeal or limit the effects of provisions of this charter. however, if the exceptional situation reaches the point that it threatens the safety of the nation, the cabinet may, in consultation with the sovereignty council, suspend part of the bill of rights found in this charter. however, it may not reduce the right to life, protection from enslavement or torture, or the principle of non-discrimination on the basis of race, gender, religious conviction, disability, or the right to litigate or the right to a fair trial. chapter 14. the bill of rights and freedoms 42. the essence of the bill of rights the bill of rights is a pact between all the people of sudan, and between them and their governments at every level. it is in obligation on their part to respect the human rights and fundamental freedoms included in this charter, and to work to advance them. the bill of rights is considered to be the cornerstone of social justice, equality and democracy in sudan. all rights and freedoms contained in international and regional human rights agreements, pacts, and charters ratified by the republic of sudan shall be considered an integral part of this charter. legislation shall organize the rights and freedoms contained in this charter but shall not confiscate them or reduce them. legislation shall only restrict these freedoms as necessary in a democratic society. 43. the state’s obligations the state undertakes to protect and strengthen the rights contained in this charter and to guarantee them for all without discrimination on the basis of race, color, gender, language, religion, political opinion, social status, or other reason. 44. life and human dignity every person has a fundamental right to life, dignity, and personal safety, which shall be protected by law. no person may be deprived of life arbitrarily. 45. citizenship and nationality citizenship is the basis of equal rights and obligations for all sudanese. anyone born to a sudanese mother or father has an inalienable right to possess sudanese nationality and citizenship. the law shall organize citizenship and naturalization, and no one who has acquired citizenship by naturalization shall be deprived of nationality except by law. any sudanese person may acquire the nationality of another country, as regulated by law. 46. personal freedom every person has the right to freedom and security. no one shall be subjected to arrest or detention, or deprived of freedom or restricted therefrom except for cause in accordance with procedures defined by law. every person who is deprived of freedom has the right to humane treatment and respect of their human dignity. 47. prohibition of slavery and forced labor slavery and human trafficking shall be prohibited in all forms. no person shall be enslaved or subjected to forced labor. no person shall be compelled to perform work by force except as a punishment following conviction by a competent court. 48. equality before the law people are equal before the law, and have the right to the protection of the law without discrimination between them on the basis of ethnicity, color, gender, language, religious faith, political opinion, racial or ethnic origin, or any other reason. 49. women’s rights the state protects women’s rights as provided in international and regional agreements ratified by sudan. the state guarantees to both men and women the equal right to enjoy all civil, political, social, cultural, and economic rights, including the right to equal pay for equal work, and other professional benefits. the state guarantees women’s rights in all fields and develops them through positive discrimination. the state works to combat harmful customs and traditions that reduce the dignity and status of women. the state provides free healthcare for motherhood, childhood and pregnant women. 50. children’s rights the state protects the rights of the child as provided in international and regional agreements ratified by sudan. 51. protection from torture no one may be subjected to torture or harsh, inhumane, or degrading treatment or punishment, or debasement of human dignity. 52. fair trial accused persons are innocent until proven guilty in accordance with the law. a person is informed of the reasons of arrest at the time of the arrest and shall be informed of the charge against him without delay. any person who has civil or criminal proceedings against him has the right to a fair and open hearing before a competent ordinary court in accordance with the procedures defined by law. charges may not be brought against any person because of an act or failure to act if such act or failure to act did not constitute a crime at the time of its occurrence. every person has the right to be tried in their presence without unjustified delay on any criminal charge. the law shall regulate trials in absentia. the accused has the right to defend himself personally or through an attorney he selects. he has the right to be provided with legal assistance by the state when he is unable to defend himself in crimes of extreme gravity. 53. right to litigate the right to litigate is guaranteed for all. no one shall be deprived of the right to resort to the justice system. 54. restriction on the death penalty the death penalty may only be inflicted as retribution (qasas), a hudud punishment, or as a penalty for crimes of extreme gravity, in accordance with the law. the death penalty may not be inflicted on anyone who has not reached eighteen years of age at the time that the crime was committed. the death penalty may not be inflicted on anyone who has reached seventy years of age, except in the case of qasas and hudud crimes. the death penalty may only be inflicted on pregnant women and nursing mothers two years after [they have finished] breastfeeding. 55. right to privacy no one’s privacy may be violated. it is not permissible to interfere in the private or family life of any person in his home or correspondence, except in accordance with the law. 56. freedom of belief and worship every person has the right to freedom of religious belief and worship. they shall have the right to profess or express their religion or belief through worship, education, practice, performance of rituals, or celebrations, in accordance with the requirements of the law and public order. no one shall be compelled to convert to a religion they do not believe in or to practice rites or rituals they do not voluntarily accept. 57. freedom of expression and the press every citizen has the unrestricted right to freedom of expression, to receive and publish information and publications, and to access the press, without prejudice to public order, safety and morals in accordance with what is determined by law. every citizen has the right to access the internet, without prejudice to public order, safety, and morals in accordance with what is determined by law. the state guarantees freedom of the press and other media, in accordance with what is determined by law in a democratic, pluralistic society. all media adhere to the profession’s ethics and shall not incite religious, ethnic, racial, or cultural hatred, or call for violence or war. 58. freedom of assembly and organization the right to peaceful assembly is guaranteed. every individual has the right to free organization with others, including the right to form political parties, associations, organizations, syndicates and professional unions, or to join the same in order to protect their interests. the law regulates the formation and registration of political parties, associations, organizations, syndicates and professional unions, in accordance with what is required by a democratic society. no organization has the right to work as a political party, unless it has: open membership for all sudanese, regardless of religion, ethnic origin or place of birth; democratically elected leadership and institutions; transparent and declared sources of funding. 59. the right to political participation every citizen has the right to political participation in public affairs, in accordance with what is regulated by law. 60. freedom of travel and residence every citizen has the right to freedom of travel and freedom to choose his place of residence, except for reasons required by public health or safety, in accordance with what is regulated by law. every citizen has the right to leave the country, in accordance with what is regulated by law, and has the right to return. 61. right of ownership every citizen has the right to acquire and own property in accordance with the law. private property shall not be appropriated except by virtue of a law and for the public interest, and in return for fair, and immediate compensation. private funds may only be confiscated by virtue of a court ruling. 62. right to education education is a right for every citizen. the state guarantees access thereto without discrimination on the basis of religion, race, ethnicity, gender or disability. education at the general level is compulsory, and the state shall provide it free of charge. 63. independence of universities and institutes of higher learning the state guarantees the independence of universities and academic research centers, and freedom of thought and academic research. 64. rights of handicapped persons and the elderly the state guarantees for handicapped persons all the rights and freedoms set forth in this charter, in particular respect for their human dignity. it makes available appropriate education and work for them, and guarantee their full participation in society. the state guarantees for the elderly the right to respect for their dignity, and provides them with the necessary medical care and services in accordance with what is regulated by law. 65. right to health the state undertakes to provide primary health care and emergency services free of charge for all citizens, to develop public health, and establish, develop and rehabilitate health and basic diagnostic institutions. 66. ethnic and cultural groups all ethnic and cultural groups have the right to enjoy their own private culture and develop it freely. the members of such groups have the right to exercise their beliefs, use their languages, observe their religions or customs, and raise their children in the framework of such cultures and customs. 67. protection of rights and freedoms subject to article 41 of this charter, the rights and freedoms set forth in this charter cannot be reduced. the constitutional court and other competent courts preserve, protect and apply this charter, and the human rights commission oversees its application in the state. chapter 15. comprehensive peace issues during the transitional period, state agencies shall work on implementing the following duties: achieving a just and comprehensive peace, ending the war by addressing the roots of the sudanese problem and handling its effects, taking into account the provisional preferential measures for regions affected by war and underdeveloped regions, and remedying issues of marginalization as well as vulnerable and most harmed groups; prioritizing working on completing the comprehensive peace agreement mentioned in the above paragraph within a period not exceeding six months from the date of the signature of this agreement, beginning within one month from the date that the peace commission is formed; applying un security council resolution 1325 and the relevant african union resolutions regarding participation of women at all levels in the peace process, and applying regional and international charters regarding women’s rights; conducting legal reforms that guarantee women’s rights, by repealing all laws that discriminate against women, and protecting the rights granted to them by this constitutional charter; working on stopping hostilities in conflict areas, and building a comprehensive and fair peace process by opening corridors for delivery of humanitarian assistance, and releasing prisoners and persons convicted because of the war, and exchanging prisoners; issuing a general amnesty for rulings issued against political leaders and members of armed movements because of their membership therein; commencing the implementation of transitional justice and accountability measures for crimes against humanity and war crimes, and presenting the accused to national and international courts, in application of the principle that there is no impunity; facilitating the mission of the un delegation of the high commissioner of human rights to work in sudan; returning properties belonging to organizations and individuals that were confiscated due to war in accordance with the law; adhering to the relevant international standards for compensation and return of properties to displaced persons and refugees, and ensuring and guaranteeing the human rights of displaced persons and refugees set forth in international agreements and national laws within the voluntary return process and after; guaranteeing the right of displaced persons and refugees to participate in general elections and the constitutional conference. the essential issues for peace negotiations include the following: particularity of the regions affected by war; security arrangements; voluntary return and sustainable solutions for the issues of displaced persons [and] refugees; issues of marginalization and vulnerable groups; equal citizenship; the system of governance and the relationship between the center, provinces/regions; issues of land and tribal lands (hawakir); fair distribution of power and wealth; fair and sustainable development; reconstruction of regions affected by the war; compensation and restoration of property; transitional justice, reconciliation and restitution of victims; the administrative status of provinces/states affected by the war; any other issues to achieve a comprehensive and just peace process. the comprehensive peace agreements signed between the transitional authority and the armed movements shall be included in this constitutional charter in accordance with its provisions. chapter 16. miscellaneous provisions the provisions of this constitutional charter have been derived from the political agreement of governing structures in the transitional period signed between the transitional military council and the forces of freedom and change. if any provisions of these two documents are in conflict, the provisions of this charter prevail. the transitional military council is dissolved once the constitutional oath is sworn by the members of the sovereignty council. except where a relevant provision is included in this constitutional charter, the work of existing state agencies and institutions shall continue, unless they are dissolved, abolished, or reconstituted by any subsequent measure. with the exception of the authorities and powers granted to the sovereignty council by virtue of this constitutional charter, all authorities and powers of the president of the republic of an executive character and set forth in any valid law shall be vested in the prime minister. if a dispute arises between an authority of a sovereign character and that of an executive character, the constitutional court shall be competent to decide on such a dispute. the sovereignty council and the cabinet shall represent the state abroad in accordance with the powers of each body. peace agreements concluded between the government of sudan and armed movements shall be reviewed to resolve imbalances so as to ensure a comprehensive and just peace. this charter cannot be amended or repealed other than through a two thirds majority of the members of the transitional legislative council. preamble the people of uzbekistan: solemnly declaring their adherence to human rights and principles of state sovereignty, aware of their ultimate responsibility to the present and the future generations, relying on historical experience in the development of uzbek statehood, affirming their commitment to the ideals of democracy and social justice, recognizing priority of the generally accepted norms of the international law, aspiring to a worthy life for the citizens of the republic, setting forth the task of creating a humane and democratic rule of law, aiming to ensure civil peace and national accord, represented by their plenipotentiary deputies adopt the present constitution of the republic of uzbekistan. part one. fundamental principles chapter 1. state sovereignty article 1. uzbekistan is a sovereign democratic republic. both names of the state the republic of uzbekistan and uzbekistan shall be equivalent. chapter 2. democracy article 7. the people are the sole source of state power. state power in the republic of uzbekistan shall be exercised in the interests of the people and solely by the bodies empowered therefore by the constitution of the republic of uzbekistan and the laws passed on its basis. any seizure of powers belonging to state authority, suspension or termination of activity of the bodies of state authority contrary to the procedure prescribed by the constitution, as well as the formation of any new or parallel bodies of state authority shall be regarded as unconstitutional and punishable by law. chapter 3. supremacy of the constitution and the law article 15. the constitution and the laws of the republic of uzbekistan shall have absolute supremacy in the republic of uzbekistan. the state, its bodies, officials, public associations and citizens shall act in accordance with the constitution and the laws. chapter 4. foreign policy article 17. the republic of uzbekistan shall have full rights in international relations. its foreign policy shall be based on the principles of sovereign equality of the states, non-use of force or threat of its use, inviolability of frontiers, peaceful settlement of disputes, non-interference in the internal affairs of other states, and other universally recognized norms of international law. the republic may form alliances, join or withdraw from unions and other inter-state organizations proceeding from the ultimate interests of the state and the people, their well-being and security. preamble whereas four hundred and eighty-one years ago the rediscovery of this family of islands, rocks and cays heralded the rebirth of the new world; and whereas the people of this family of islands recognizing that the preservation of their freedom will be guaranteed by a national commitment to self-discipline, industry, loyalty, unity and an abiding respect for christian values and the rule of law; now know ye therefore: we the inheritors of and successors to this family of islands, recognizing the supremacy of god and believing in the fundamental rights and freedoms of the individual, do hereby proclaim in solemn praise the establishment of a free and democratic sovereign nation founded on spiritual values and in which no man, woman or child shall ever be slave or bondsman to anyone or their labour exploited or their lives frustrated by deprivation, and do hereby provide by these articles for the indivisible unity and creation under god of the commonwealth of the bahamas. chapter i. the constitution 1. the state the commonwealth of the bahamas shall be a sovereign democratic state. 2. the constitution is supreme law this constitution is the supreme law of the commonwealth of the bahamas and, subject to the provisions of this constitution, if any other law is inconsistent with this constitution, this constitution, shall prevail and the other law shall, to the extent of the inconsistency, be void. chapter ii. citizenship 3. persons who become citizens on 10th july 1973 every person who, having been born in the former colony of the bahamas islands, is on 9th july 1973 a citizen of the united kingdom and colonies shall become a citizen of the bahamas on 10th july 1973. every person who, having been born outside the former colony of the bahamas islands, is on 9th july 1973 a citizen of the united kingdom and colonies shall, if his father becomes or would but for his death have become a citizen of the bahamas in accordance with the provisions of the preceding paragraph, become a citizen of the bahamas on 10th july 1973. every person who on 9th july 1973 is a citizen of the united kingdom and colonies having become such a citizen under the british nationality act 1948 by virtue of his having been registered in the former colony of the bahamas islands under that act shall become a citizen of the bahamas on 10th july 1973: provided that this paragraph shall not apply to any citizen of the united kingdom and colonies who was not ordinarily resident in that colony on 31st december 1972, or who became registered in that colony on or after 1st january 1973, or who on 9th july 1973 possesses the citizenship or nationality of some other country. 4. persons who become citizens on 9th july 1974 every person who on 9th july 1973 is a citizen of the united kingdom and colonieshaving become such a citizen under the british nationality act 1948 by virtue of his having been naturalized in the former colony of the bahamas islands before that act came into force, or having become such a citizen by virtue of his having been naturalized in the former colony of the bahamas islands under that act, shall become a citizen of the bahamas on 9th july 1974, unless prior to that date, he has in such manner as may be prescribed declared that he does not desire to become a citizen of the bahamas: provided that this section shall not apply to a citizen of the united kingdom and colonies who on 9th july 1973 possesses the citizenship or nationality of some other country. 5. persons entitled to be registered as citizens any woman who, on 9th july 1973, is or has been married to a personwho becomes a citizen of the bahamas by virtue of article 3 of this constitution; or who, having died before 10th july 1973, would, but for his death, have become a citizen of the bahamas by virtue of that article, shall be entitled, upon making application and upon taking the oath of allegiance or such declaration in such manner as may be prescribed, to be registered as a citizen of the bahamas: provided that the right to be registered as a citizen of the bahamas under this paragraph shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy. any person who, on 9th july 1973, possesses bahamian status under the provisions of the immigration act 1967 [fn: statue law of the bahama islands. no. 25 of 1967.] and is ordinarily resident in the bahamas islands, shall be entitled, upon making application before 19th july 1974, to be registered as a citizen of the bahamas. notwithstanding anything contained in paragraph (2) of this article, a person who has attained the age of eighteen years or who is a woman who is or has been married shall not, if he is a citizen of some country other than the bahamas, be entitled to be registered as a citizen of the bahamas under the provisions of that paragraph unless he renounces his citizenship of that other country, takes the oath of allegiance and makes and registers such declarations may be prescribed: provided that where a person cannot renounce his citizenship of the other country under the law of that country he may instead make such declaration concerning that citizenship as may be prescribed. any application for registration under paragraph (2) of this article shall be subject to such exceptions or qualifications as may be prescribed in the interest of national security or public policy. any woman who on 9th july 1973 is or has been married to a person who subsequently becomes a citizen of the bahamas by registration under paragraph (2) of this article shall be entitled, upon making application and upon taking the oath of allegiance or such declaration as may be prescribed, to be registered as a citizen of the bahamas: provided that the right to be registered as a citizen of the bahamas under this paragraph shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy. any application for registration under this article shall be made in such manner as may be prescribed as respects that application: provided that such an application may not be made by a person who has not attained the age of eighteen year and is not a woman who is or has been married, but shall be made on behalf of that person by a parent or guardian of that person. 6. persons born in the bahamas after 9th july 1973 every person born in the bahamas after 9th july 1973 shall be come a citizen of the bahamas at the date of his birth if at that date either of his parents is a citizen of the bahamas. 7. persons born in the bahamas after 9th july 1973 of non citizen parents a person born in the bahamas after 9th july 1973 neither of whose parents is a citizen of the bahamas shall be entitled, upon making application on his attaining the age of eighteen years or within twelve months thereafter in such manner as may be prescribed, to be registered as a citizen of the bahamas: provided that if he is a citizen of some country other than the bahamas he shall not be entitled to be registered as a citizen of the bahamas under this article unless he renounces his citizenship of that other country, takes the oath of allegiance and makes and registers such declaration of his intentions concerning residence as may be prescribed. any application for registration under this article shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy. 8. persons born outside the bahamas after 9th july 1973 a persons born outside the bahamas after 9th july 1973 shall become a citizen of the bahamas at the date of his birth if at that date his father is a citizen of the bahamas otherwise than by virtue of this article or article 3(2) of this constitution. 9. further provisions for persons born outside the bahamas after 9th july 1973 notwithstanding anything contained in article 8 of this constitution, a person born legitimately outside the bahamas after 9th july 1973 whose mother is a citizen of the bahamas shall be entitled, upon making application on his attaining the age of eighteen years and before he attains the age of twenty-one years, in such manner as may be prescribed, to be registered as a citizen of the bahamas: provided that if he is a citizen of some country other than the bahamas he shall not be entitled to be registered as a citizen of the bahamas under this article unless he renounces his citizenship of that other country, takes the oath of allegiance and makes and registers such declaration of his intentions concerning residence as may be prescribed. where a person cannot renounce his citizenship of some other country under the law of that country, he may instead make such declaration concerning that citizenship as may be prescribed. any application for registration under this article shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy. 10. marriage to citizens of the bahamas any woman who, after 9th july 1973, marries a person who is or becomes a citizen of the bahamas shall be entitled, provided she is still so married, upon making application in such manner as may be prescribed and upon taking the oath of allegiance of such declaration as may be prescribed, to be registered as a citizen of the bahamas: provided that the right to be registered as a citizen of the bahamas under this article shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security of public policy. 11. deprivation of citizenship if the governor-general is satisfied that any citizen of the bahamas has at any time after 9th july 1973 acquired by registration, naturalization or other voluntary and formal act (other than marriage) the citizenship of any other country any rights available to him under the law of that country, being rights accorded exclusively to its citizens, the governor-general may by order deprive that person of his citizenship. if the governor-general is satisfied that any citizen of the bahamas has at any time after 9th july 1973 voluntarily claimed and exercised in any other country any rights available to him under the law of that country, being rights accorded exclusively to its citizens, the governor-general may by order deprive that person of his citizenship. 12. renunciation of citizenship any citizen of the bahamas who has attained the age of twenty-one years and whois also a citizen or national of any other country; or intends to become a citizen or national of any other country, shall be entitled to renounce his citizenship of the bahamas by a declaration made and registered in such manner as may be prescribed: provided thatin the case of a person who is not a citizen or national of any other country at the date of registration of his declaration or renunciation, if he does not become such a citizen or national within six months from the date of registration he shall be, and shall be deemed to have remained, a citizen of the bahamas notwithstanding the making and registration of his declaration of his declaration of renunciation; and the right of any person to renounce his citizenship of the bahamas during any period when the bahamas is engaged in any war shall be subject to such exceptions or qualification as may be prescribed in the interests of national security or public policy. 13. power of parliament parliament may make provisionfor the acquisition of citizenship of the bahamas by persons who do not become citizens of the bahamas by virtue of the provisions of this chapter; for depriving of his citizenship of the bahamas any person who is a citizen of the bahamas otherwise than by virtue of paragraphs (1) or (2) of articles 6 or 8 of this constitution; or for the certification of citizenship of the bahamas for persons who have acquired that citizenship and who desire such certification. 14. interpretation any reference in this chapter to the father of a person shall, in relation to any person born out of wedlock other than a person legitimated before 10th july 1973, be construed as a reference to the mother of that person. for the purposes of this chapter, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country. any reference in this chapter to the national status of the father of a person at the time of that person's birth, shall, in relation to a person born after the death of the father, be construed as a reference to the national status of the father at the time of the father's death; and where that death occurred before 10th july 1973 and the birth occurred after 9th july 1973 the national status that the father would have had if he had died on 10th july 1973 shall be deemed to be his national status at the time of his death. chapter iii. protection of fundamental rights and freedoms of the individual 15. fundamental rights and freedoms of the individual whereas every person in the bahamas is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namelylife, liberty, security of the person and the protection of the law; freedom of conscience, of expression and of assembly and association; and protection for the privacy of his home and other property and from deprivation of property without compensation, the subsequent provisions of this chapter shall have effect for the purpose of affording protection to the aforesaid rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. 16. protection of right to life no person shall be deprived intentionally of his life save in execution of the sentence of a court in respect of a criminal offence of which he has been convicted. a person shall not be regarded as having been deprived of his life in contravention of this article if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiablefor the defence of any person from violence or for the defence of property; in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; for the purpose of suppressing a riot, insurrection or mutiny; or in order to prevent the commission by that person of a criminal offence. or if he dies as a result of a lawful act of war. 17. protection from inhuman treatment no person shall be subjected to torture or to inhuman or degrading treatment or punishment. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question authorizes the infliction of any description of punishment that was lawful in the bahamas islands immediately before 10th july 1973. 18. protection from slavery and forced labour no person shall be held in slavery or servitude. no person shall be required to perform forced labour. for the purposes of this article, "forced labour" does not includeany labour required in consequence of the sentence or order of a court; any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service in a naval, military or air force, any labour which that person is required by law to perform in place of such service; labour required of any person while he is lawfully detained which, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place in which he is detained; or any labour required during a period of public emergency (that is to say, a period to which article 29 of this constitution applies) or in the event of any other emergency or calamity that threatens the life or well-being of the community, to the extent that the requiring of such labour is reasonably justifiable, in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation. 19. protection from arbitrary arrest or detention no person shall be deprived of his personal liberty save as may be authorized by law in any of the following casesin execution of the sentence or order of a court, whether established for the bahamas or some other country, in respect of a criminal offence of which he has been convicted or in consequence of his unfitness to plead to a criminal charge or in execution of the order of a court on the grounds of his contempt of that court or of another court or tribunal; in execution of the order of a court made in order to secure the fulfillment of any obligation imposed upon him by law; for the purpose of bringing him before a court in execution of the order of a court; upon reasonable suspicion of his having committed, or of being about to commit, a criminal offence; in the case of a person who has not attained the age of eighteen years, for the purpose of his education or welfare; for the purpose of preventing the spread of an infectious or contagious disease or in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his case or treatment of the protection of the community; for the purpose of preventing the unlawful entry of that person into the bahamas or for the purpose of effecting the expulsion, extradition or other lawful removal from the bahamas of that person or the taking of proceedings relating thereto; and without prejudice to the generality of the foregoing, a law may, for the purposes of this subparagraph, provide that a person who is not a citizen of the bahamas may be deprived of this liberty to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within the bahamas or prohibiting him from being within such an area. any person who is arrested or detained shall be informed as soon as is reasonably practicable, in a language that he understands, of the reason for his arrest or detention and shall be permitted, at his own expense, to retain and instruct without delay a legal representative of his own choice and to hold private communication with him; and in the case of a person who has not attained the age of eighteen years he shall also be afforded a reasonable opportunity for communication with his parent or guardian. any person who is arrested or detained in such a case as is mentioned in subparagraph (1)(c) or (d) of this article and who is not released shall be brought without undue delay before a court; and if any person arrested or detained in such a case as is mentioned in the said sub-paragraph (1)(d) is not tried within a reasonable time he shall (without prejudice to any further proceedings that may be brought against him) be released either unconditionally or upon reasonably necessary to ensure that he appears at a later date for trial of for proceedings preliminary to trial. any person who is unlawfully arrested or detained by any other persons hall be entitled to compensation therefor from that other person. where a person is detained by virtue of such a law as is referred to in article 29 of this constitution, the following provisions shall applyhe shall, as soon as reasonably practicable and in any case not more than five days after the commencement of his detention, be furnished with a statement in writing, in a language that he understands, of the grounds upon which he is detained; not more than fourteen days after the commencement of his detention, a notification shall be published in the gazette stating that he has been detained and giving particulars of the provisions of law under which his detention is authorized; he may from time to time request that his case be reviewed under sub-paragraph (d) of this paragraph but, where he has made such a request, no subsequent request shall be made before the expiration of three months from the making of the previous request; where a request is made under sub-paragraph (c) of this paragraph, the case shall, within one month of the making of the request, be reviewed by an independent and impartial tribunal established by law, presided over by the chief justice or another justice of the supreme court appointed by him, and consisting of persons who are justices of the supreme court or who are qualified to be appointed as justices of the supreme court: he shall be afforded reasonable facilities to consult and instruct, at his own expense, a legal representative of his own choice, and he and any such legal representative shall be permitted to make written or oral representations or both to the tribunal appointed for the review of his case. on any review by a tribunal in pursuance of paragraph (5) of this article of the case of any detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by whom it was ordered, but unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations. when any person is detained by virtue of such a law as is referred to in article 29 of this constitution the prime minister of a minister authorized by him shall, not more than thirty days after the commencement of the detention and thereafter no more than thirty days after the making of the previous report, make a report to each house stating the number of persons detained as aforesaid and the number of cases in which the authority that ordered the detention has not acted in accordance with the recommendations of a tribunal appointed in pursuance of paragraph 85) of this article: provided that in reckoning any period of thirty days for the purposes of this paragraph no account shall be taken of any period during which parliament stands prorogued or dissolved. 20. provisions to secure protection of law if any person is charged with a criminal offence, then unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law. every person who is charged with a criminal offenceshall be presumed to be innocent until he is proved or has pleaded guilty; shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence charged; shall be given adequate time and facilities for the preparation of his defence; shall be permitted to defend himself before the court in person or, at his own expense, by a legal representative of his own choice or by a legal representative at the public expense where so provided by or under a law in force in the bahamas; shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court, ad to obtain the attendance and carry out the examination of witnesses to testify on hi behalf before the court on the same condition as those applying to witnesses called by the prosecution; shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge; and shall, when charged on information in the supreme court, have the right to trial by jury; and except with his own consent the trial shall not take place in his absence unless he so conduct himself in the court as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence. when a person is tried for any criminal offence, the accused person or any person authorized by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court. no person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed. no person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal. no person shall be tried for a criminal offence if he shows that he has been pardoned for that offence. no person who is tried for a criminal offence shall be compelled to give evidence at the trial. any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right of obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are institute by any person before such a court or other adjudicating authority, the case shall be given a fair hearing within a reasonable time. all proceeding instituted in any court for the determination of the existence or extent of any civil right or obligation, including the announcement of the decision of the court, shall be held in public, nothing in paragraph (9) of this article shall prevent the court from excluding from the proceedings persons other than the parties thereto and their legal representatives to such extent as the courtmay be empowered by law so to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice, or in interlocutory proceedings or in the interests of public morality, the welfare of persons under the age of eighteen years of the protection of the private live of persons concerned in the proceedings; may be empowered or required by law to do so in the interests of defence, public safety of public order; or may be empowered or required to do so by rules of court and practice existing immediately before 10th july 1973 of by any law made subsequently to the extent that it makes provisions substantially to the same effect as provision contained in any such rules. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention ofsub-paragraph (2)(a) of this article to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts; sub-paragraph (2)(e) of this article to the extent that the law in question imposes conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; paragraph (5) of this article to the extent that the law in question authorizes a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law. 21. protection for privacy of home and other property except with his consent, no person shall be subjected to the search of his person or his property of the entry by others on his premises. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provisionswhich is reasonably requiredin the interests of defence, public safety, public order, public morality, public health, town and country planning, he development of mineral resources, or the development of utilization of nay other property in such a manner as to promote the public benefit; or for the purpose of protecting the rights and freedoms other persons; to enable an officer or agent of the government of the bahamas, a local government authority or a body corporate established by law for public purposes to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or due or in order to carry out work connected with any property that is lawfully on those premises and the belongs to that government, authority or body corporate, as the case may be; or to authorize, for the purpose of enforcing the judgment or order of a court in any civil proceedings, the search of any person or property by order of a court or the entry upon any premises by such order, and except so far as that provisions or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. 22. protection of freedom of conscience except with his consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this article the said freedom includes freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion of belief in worship, teaching, practice and observance. except with his consent (or, if he is a person who has not attained the age of eighteen years, the consent of his guardian) no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance of that instruction, ceremony or observance relates to a religion other than his own. no religious body or denomination shall be prevented from or hindered in providing religious instruction for persons of that body of denomination in the course of any education provided by that body or denomination whether or not that body or denomination is in receipt of any government subsidy, grant or other form of financial assistance designed to meet, in whole or in part, the cost of such course of education. no person shall be compelled to take any oath which is contrary to his religion or belief of to take any oath in a manner which is contrary to his religion or belief. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provision which is reasonably requiredin the interest of defence, public safety, public order, public morality or public health; or for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practice any religion without the unsolicited interference of member of any other religion, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. 23. protection of freedom of expression except with his consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of this article the said freedom includes freedom to hold opinions, to receive and impart ideas and information without interference, and freedom from interference with his correspondence. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provisionwhich is reasonably requiredin the interests of defence, public safety, public order, public morality or public health; or for the purposes of protecting the rights, reputations and freedoms of other persons, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, or regulating telephony, telegraphy, posts, wireless broadcasting, television, public exhibitions or public entertainment; or which imposes restrictions upon persons holding office under the crown or upon members of a disciplined force, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. 24. protection of freedom of assembly and association except with his consent, no person shall be hindered in the enjoyment of his freedom of peaceful assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to political parties, or to form or belong to trade unions or other association for the protection of his interests. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provisionwhich is reasonably requiredin the interest of defence, public safety, public order, public morality or public health; or for the purpose of protecting the rights and freedoms of other persons; or which imposes restriction upon person s holding office under the crown or upon members of a discipline force, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. 25. protection of freedom of movement except with his consent, no person shall be hindered in the enjoyment of his freedom of movement, and for the purposes of this article the said freedom means the right to move freely throughout the bahamas, the right to reside in any part thereof, the right to enter the bahamas, the right to leave the bahamas and immunity from expulsion therefrom. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provisionwhich is reasonably requiredin the interests of defence, public safety, public order, public morality, public health, town and country planning of the prevention of plant or animal diseases; or for the purpose of protecting the rights and freedoms of other persons, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society; for the removal of a person from the bahamas to be tried outside the bahamas for a criminal offence or to undergo imprisonment in some other country in respect of a criminal offence of which he has been convicted; for the imposition of restriction upon the movement of residence within the bahamas of public officers or member of a disciplined force that are reasonably required for the purpose of the proper performance of their functions; or for the imposition of restriction on the right of any person to leave the bahamas of any person who is not a citizen of the bahamas or the exclusion or expulsion therefrom of any such person; or for the imposition of restrictions on the right of any person to leave the bahamas in the public interest, or for securing compliance with any international obligation of the government of the bahamas particulars of which have been laid before parliament. any restriction on a person's freedom of movement which is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this article. for the purposes of sub-paragraph (c) of paragraph (2) of this article "law" in that paragraph includes directions in writing regarding the conduct of public officers generally of any class of public officer issued by the government of the bahamas. 26. protection from discrimination on the grounds of race, etc subject to the provision of paragraph (4), (5) and (9) of this article no law shall make any provision which is discriminatory either of itself or in its effect. subject to the provisions of paragraphs (6), (9) and (10) of this article, no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the function of any public office or any public authority. in this article, the expression "discriminatory" means affording different treatment to different person attributable wholly or mainly to their respective descriptions by race, place of origin political opinions colour or creed whereby person of one such description are subjected to disabilities or restrictions to which person of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description. paragraph (1) of this article shall not apply to any law so far as that law makes provisionfor the appropriation of revenues or other funds of the bahamas or for the imposition of taxation (including the levying of feed for the grant of licenses); or with respect to the entry into or exclusion from, or the employment, engaging in any business or profession, movement of residence within, the bahamas of persons who are not citizens of the bahamas; or with respect to adoption, marriage, divorce, burial, devolution f property on death or other matters of personal law; or whereby persons of any such description as is mentioned in paragraph (3) for this article may be subjected to any disability or restriction or may be accorded any privilege or advantage which having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society; or for authorizing the granting of licenses or certificates permitting the conduct of a lottery, the keeping of a gaming house or the carrying on of gambling in any of its forms subject to conditions which impose upon persons who are citizens of the bahamas disabilities or restriction to which other persons are not made subject. nothing contained in any law shall be held to be inconsistent whit or in contravention of paragraph (1) of this article to the extent that it makes provision with respect to standards or qualifications (not being a standard or qualification specifically relating to race, place of origin, political opinions, colour or creed) in order to be eligible for service as a public officer or as a member of a disciplined force of for the service of a local government authority or a body corporate established by law for public purposes. paragraph (2) of this article shall not apply to anything which is expressly of by necessary implication authorized to be done by any such provision of law as is referred to in paragraphs (4) or (5) of this article. subject to the provisions of subparagraph (4)(e) and of paragraph (9) of this article no person shall be treated in a discriminatory manner in respect of access to any of the following places to which the general public have access, namely, shops, hotels, restaurants, eating-houses, licensed premises, places of entertainment or places of resort. subject to the provisions of this article no person shall be treated in a discriminatory mannerin respect of any conveyance or lease or agreement for, or in consideration of , or collateral to, a conveyance or lease of any freehold or leasehold hereditament which have been offered for sale or lease to the general public; in respect of any covenant or provision in any conveyance or lease or agreement for , or in consideration of, or collateral to, a conveyance or lease restricting by discriminatory provision the transfer, ownership, use or occupation of any freehold or leasehold hereditament which have been offered for sale or lease to the general public. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provision whereby persons of any such description as is mentioned in paragraph (3) of this article may be subjected to any restriction on the rights and freedoms guaranteed by articles 21,22,23,24 and 25 of this constitution, being such a restriction as is authorized by article 21(2)(a), 22(5), 23(2), 24(2) or 25(2)(a) or (e), as the case may be. nothing in paragraph (2) of this article shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this constitution or any other law. 27. protection from deprivation of property no property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except where the following conditions are satisfied, that is to saythe taking of possession or acquisition is necessary in the interests of defence, public safety, public order, public morality, public health, town and country planning or the development or utilization of any property in such manner as to promote the public benefit or the economic well-being of the community; and the necessity thereof is such as to afford reasonable justification for the causing of any hardship that may result to any person having an interest in or right over the property; and provision is made by a law applicable to that taking of possession or acquisitionfor the making of prompt and adequate compensation in the circumstances; and securing to any person having an interest in or right over the property a right of access to the supreme court, whether direct or on appeal from any other authority, for the determination of his interest or right, the legality of the taking of possession or acquisition of the property, interest or right, and the amount of any compensation to which he is entitled, and for the purpose of obtaining prompt payment of that compensation; and any party to proceedings in the supreme court relating to such a claim is given by law the same rights of appeal as are accorded generally to parties to civil proceedings in that court sitting as a court of original jurisdiction. nothing in this article shall be construed as affecting the making or operation of any law so far as it provides for the taking of possession or acquisition of propertyin satisfaction of any tax, rate or due; by way of penalty for breach of the law, whether under civil process or after conviction of a criminal offence under the law of the bahamas; as an incident of a lease, tenancy, mortgage, charge, bill of sale,pledge or contract; upon the attempted removal of the property in question out of or into the bahamas in contravention of any law; by way of the taking of a sample for the purposes of any law; where the property consist of an animal upon its being found trespassing or straying; in the execution of judgments or orders of courts; by reason of its being in a dilapidated or dangerous state of injurious to the health of human being, animals or plants; in consequence of any law making provision for the validation of titles to land of (without prejudice to the generality of the foregoing words) the confirmation of such titles, or for the extinguishment of adverse claims, or with respect to prescription or the limitation of actions, for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, the carrying out thereonof work or reclamation, drainage, soil conservation or the conservation of other natural resources; or of agricultural development or improvement that the owner or occupier of the land has been required, and has without reasonable and lawful excuse, refused or failed to carry out; or to the extent that the law in question makes provision for the vesting or taking of possession or acquisition or administration ofenemy property; property of a deceased person, a person of unsound mind of a person who has not attained the age of twenty-one years, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein; property of a person adjudged insolvent or a defunct company that has been struck off the register of companies, of a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of that insolvent person or body corporate and, subject thereto, for the benefit of other person entitled to the beneficial interest in the property; or property subject to a trust, for the purpose of vesting the property in person appointed as trustees under the instrument creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provision for the orderly marketing or production or growth or extraction of any agricultural or fish product or mineral or water or any article or thing prepared for market or manufactured therefor of for the reasonable restriction of the use of any property in the interest of safeguarding the interests of others or the protection of tenants, licensees or others having rights in or over such property. nothing contained in or done under that authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provision for the compulsory taking possession in the public interest of any property, or the compulsory acquisition in the public interest or right is held by a body corporate established directly by law for public purpose in which no monies have been invested other than monies provided by parliament or by any legislature established for the former colony of the bahamas islands. 28. enforcement of fundamental rights if any person alleges that any of the provisions of articles 16 to 27 (inclusive) of this constitution has been, is being of is likely to be contravened in relation to him then, without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the supreme court for redress. the supreme court shall have original jurisdictionto hear and determine any application made by any person in pursuance of paragraph (1) of this article; and to determine any question arising in the case of any parson which is referred to it in pursuance of paragraph (3) of this article, and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of the said articles 16 to 27 (inclusive) to the protection of which the person concerned is entitled: provided that the supreme court shall not exercise its power under this paragraph if it is satisfied that adequate means of redress are or have been available to the person concerned under any other law. if, in any proceedings in any court established for the bahamas other than the supreme court or the court of appeal, any question arises as to the contravention of any of the provisions of the said articles 16 to 27 (inclusive), the court in which the question to the supreme court. no law shall make provision with respect to rights of appeal from any determination of the supreme court in pursuance of this article that is less favorable to any party thereto than the rights of appeal from determinations of the supreme court that are accorded generally to parties to civil proceedings in that court sitting as a court or original jurisdiction. parliament may make laws to confer upon the supreme court such additional or supplementary powers as may appear to be necessary or desirable for enabling the court more effectively to exercise the jurisdiction conferred upon it by paragraph (2) of this article and may make provision with respect to the practice and procedure of the court while exercising that jurisdiction. 29. provisions for time of war or emergency this article applies to any period whenthe bahamas is at war; or there is in force a proclamation (in this section referred to as a "proclamation of emergency") made by the governor-general and published in the gazette declaring that a state of public emergency exists for the purposes of this section. nothing contained in or done under that authority of any law shall be held to be inconsistent with or in contravention of article 19, any provision of article 20 other than paragraph (4) thereof, or any provision of article 21 to 26 (inclusive) of this constitution to the extent that the law in question makes in relation to any period to which this article applies provision, or authorizes the doing during any such period of anything, which is reasonably justifiable in the circumstances of any situation or existing during that period for the purpose of dealing with that situation. where any proclamation of emergency has been made, copies thereof shall as soon as practicable be laid before both houses of parliament, and if for any cause those houses are not due to meet within five days the governor-general shall, by proclamation published in the gazette, summon them to meet within five days and they shall accordingly meet and sit upon the day appointed by the proclamation and shall continue to sit and act as if they had stood adjourned or prorogued to that day: provided that if the proclamation of emergency is made during the period between a dissolution of parliament and the next ensuing general electionthe houses to be summoned as aforesaid shall be the houses referred to in article 66 of this constitution unless the governor-general is satisfied that it will be practicable to hold that election within seven days of the making of the proclamation of emergency; and if the governor-general is so satisfied, he shall (instead of summoning the house so referred to meet within five days of the making of the proclamation ) summon the houses of the new parliament to meet as soon as practicable after the holding of that election. a proclamation of emergency shall, unless it is sooner revoked by the governor-general, cease to be in force at the expiration of a period of fourteen days beginning on the date on which it was made or such longer period as may be provided under paragraph (5) of this article, but without prejudice to the making of another proclamation of emergency at or before the end of that period. if at any time while a proclamation of emergency is in force (including any time while it is in force by virtue of the provisions of this paragraph) a resolution is passed by each house of parliament approving its continuance in force for a further period, not exceeding six months, beginning on the date on which it would otherwise expire, the proclamation shall, if not sooner revoked, continue in force for that further period. 30. saving of existing law subject to paragraph (3) of this article, nothing contained in or done under the authority of any written law shall be held to be inconsistent with or in contravention of any provision of articles 16 to 27 (inclusive) of this constitution to the extent that the law in questionis a law (in this article referred to as "an existing law") that was enacted or made before 10th july 1973 and has continued to be part of the law of the bahamas at all times since that day; repeals and re-enacts an existing law without alteration; or alters an existing law and does not thereby render that law inconsistent with any provision of the said articles 16 to 27 (inclusive) in a manner in which, or to an extent to which, it was not previously so inconsistent. in sub-paragraph (1)(c) of this article the reference to altering an existing law includes references to repealing it and re-enacting it with modifications or making different provisions in lieu thereof, and to modifying it; and in paragraph 81) of this article "written law" includes any instrument having the force of law and in this paragraph and the said paragraph (1) references to the repeal and re-enactment of an existing law shall be construed accordingly. this article does not apply to any regulation or other instrument having legislative effect made, or to any executive act done, after 9th july 1973 under the authority of any such law as is mentioned in paragraph (1) of this article. 31. interpretation in this chapter"contravention", in relation to any requirement, includes a failure to comply with that requirement; and cognate expressions shall be construed accordingly; "court" means any court of law having jurisdiction in the bahamas other than a court established by a disciplinary law, and includes the judicial committee of her majesty's privy council or any court substituted therefore by any law made under article 105 of this constitution andin article 16, article 18, article 19, paragraphs (2), (3), (5), (8), (9) and (10) of article 26 and paragraph (3) of article 28 of this constitution includes, in relation to an offence against a disciplinary law, a court established by such a law; and in article 18, article 19 and paragraph (3) of article 28 of this constitution includes, in relation to an offence against a disciplinary law, any person or authority empowered to exercise jurisdiction in respect of that offence; "disciplinary law" means a law regulating the discipline of any disciplined force; "disciplined force" meansa naval, military or air force; the police service of the bahamas; or the prison service of the bahamas; or any other force or service specified by act of parliament to be a disciplined force for the purposes of this chapter; "legal representative" means a person entitled to practice in the bahamas as counsel and attorney of the supreme court; "member" in relation to a disciplined force includes any person who, under the law regulating the discipline of that force, is subject to that discipline. any reference in articles 16, 19, 25 and 27 of this constitution to a criminal offence shall be construed as including an offence against disciplinary law, and any such reference in paragraphs (2) to (7) (inclusive) of article 20 of this constitution shall, in relation to proceedings before a court constituted by or under disciplinary law, be construed in the same manner. in relation to any person who is a member of a disciplined force raise under a law of any country other than the bahamas and lawfully present in the bahamas, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent, with or in contravention of any of the provisions of this chapter. chapter iv. the governor general 32. establishment of office of governor general there shall be a governor-general of the bahamas who shall be appointed by her majesty and shall hold office during her majesty's pleasure and who shall be her majesty's representative in the bahamas. 33. acting governor general whenever the office of governor-general is vacant of the holder of the office is absent from the bahamas or is for any other reason unable to perform the functions of his office, those functions shall be performedby any person for the time being designated by her majesty in that behalf who is in the bahamas and able to perform those functions; or at any time when there is no person in the bahamas so designated and able to perform those functions, by the holder of the office of chief justice; or at any time referred to in sub-paragraph (b) of this paragraph when the office of chief justice is vacant or the holder thereof is absent from the bahamas or is for any other reason unable to perform those functions, by the president of the senate. the holder of the office of governor-general or any person designated under subparagraph (1)(a) of this article or by sub-paragraph (1)(b) of this article shall not, for the purposes of this article, be regarded as absent from the bahamas or as unable to perform the function of the office of governor-general at any time when there is a subsisting appointment of a deputy under article 34 of this constitution. 34. deputy to governor-general whenever the governor-generalhas occasion to be absent from the bahamas for a period which he has reason to believe will be of short duration; or is suffering from an illness that he has reason to believe will be of short duration, he may, acting in accordance with the advice of the prime minister, by instrument under the public seal, appoint any person in the bahamas to be his deputy during such absence or illness and in that capacity to perform on his behalf such of the function of the office of governor-general as may be specified in that instrument. the power and authority of the governor-general shall nor be abridged, altered or in any way affected by the appointment of a deputy under this article, and in the exercise of any function that is exercisable by the governor-general acting in accordance with his own deliberate judgment or after consultation with any person or authority a deputy shall conform to and observe any instructions that the governor-general, acting in like manner, may address to him; provided that the question whether or not a deputy has conformed to or observed any such instruction shall not be inquired into in any court. a person appointed as a deputy under this article shall hold that appointment for such period as may be specified in the instrument by which he is appointed, and his appointment may be revoked at any time by the governor-general acting in accordance with the advice of the prime minister. 35. personal staff of governor general parliament may prescribe the offices that are to constitute the personal staff of the governor-general, the salaries and allowances that are to be paid in respect of the expenditure attaching to the office of governor-general. any salaries or other sums prescribed under paragraph (1) of this article are hereby charged on and shall be paid out of the consolidated fund. subject to the provisions of paragraph (4) of this article, power to make appointments to the offices for the time being prescribed under paragraph (1) of this article as offices that are to constitute the personal staff of the governor-general, and to remove and to exercise disciplinary control over persons holding or acting in any such office, is hereby vested in the governor-general acting in accordance with his own deliberate judgment. the governor-general, acting in accordance with his own deliberate judgment, may appoint to any of the offices prescribed under paragraph (1) of this article such public officers as he may select from a list submitted by the public service commission, butthe provisions of paragraph (3) of this article shall apply in relation to an officer so appointed as respects his service on the personal staff of the governor-general but not as respects his service as a public officer; an officer so appointed shall not during, continuance on the personal staff of the governor-general, perform the functions of any public office; and an officer so appointed may at any time be appointed by the governor-general, if the public service commission so recommend, to assume or resume the function of a public office and he shall thereupon vacate his office on the personal staff of the governor-general, but the governor-general may , in his own deliberate judgment, decline to release the officer for that appointment. all offices prescribed under paragraph (1) of this article as offices that are to constitute the personal staff of the governor-general shall, for the purposes of chapter viii, be deemed to be public offices. 36. public seal the governor-general shall keep and use the public seal for sealing all things that shall pass the public seal. 37. oaths to be taken by governor general a person appointed to the office of governor-general or assuming the functions of that office under article 33 of this constitution shall, before entering upon the duties of that office, take and subscribe the oath of allegiance and an oath for the due execution of the office of governor-general in such form as is prescribed by any law in force in the bahamas, such oaths being administered by the chief justice of such other justice of the supreme court as may be designated by the chief justice. chapter v. parliament part 1. composition of parliament 38. establishment of parliament there shall be a parliament of the bahamas which shall consist of her majesty, a senate and a house of assembly. part 2. the senate 39. composition of senate the senate shall consist of sixteen members (in this constitution referred to as "senators") who shall be appointed by the governor-general by instrument under the public seal in accordance with the provisions of this article. nine senators shall be appointed by the governor-general acting in accordance with the advice of the prime minister. four senators shall be appointed by the governor-general acting in accordance with the advice of the leader of the opposition. three senators shall be appointed by the governor-general acting in accordance with the advice of the prime minister after consultation with the leader of the opposition. whenever any person vacates his seat as a senator for any reason other than a dissolution of parliament, the governor-general shall as soon as practicable appoint a person to fill the vacancy under the same provisions of this article as those under which the person whose seat has became vacant was appointed. 40. purpose of appointment of certain senators in the exercise of the functions conferred upon him by article 39(4) of this constitution, the purpose of the prime minister shall be to secure that the political balance of the senate reflects that of the house of assembly at the time. 41. qualification for appointment as senator subject to the provisions of article 42 of this constitution, a person shall be qualified to be appointed as a senator if, and shall not be qualified to be so appointed unless, he is a citizen of the bahamas, of the age of thirty years or upwards and has ordinarily resided in the bahamas for a period of nor less tan one year immediately before the date of his appointment. 42. disqualifications for appointment as senator no person shall be qualified to be appointed as a senator whois a citizen of a country other than the bahamas having become such a citizen voluntarily; is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power or state; is disqualified for membership of the senate by any law in force in the bahamas enacted in pursuance of paragraph (2) of this article; is a member of the house of assembly; has been adjudged or otherwise declared bankrupt under any law in force in the bahamas and has not been discharged; is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in the bahamas; is under sentence of death imposed on him by a court in the bahamas, or is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended; is disqualified for membership of the house of assembly by virtue of any law in force in the bahamas by reason of his having been convicted of any offence relating to elections; or is interested in any government contract and has not disclosed to the governor-general the nature of such contract and of his interest therein. parliament may by law provide that, subject to such exceptions and limitations (if any) as may be prescribed therein, a person shall be disqualified for membership of the senate by virtue ofhis holding or acting in any office or appointment specified (either individually or by reference to a class of office or appointment) by such law; his belonging to any armed force of the bahamas or to any class of person so specified that is comprised in any such force; or his belonging to any police force of the bahamas or to any class of person so specified that is comprised in any such force. for the purposes of sub paragraph (1)(g) of this articletwo or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds twelve months, but if any one of such sentence exceeds that term they shall be regarded as one sentence; and no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine. 43. tenure of office of senators the seat of a senator shall became vacantupon the next dissolution of parliament after he has been appointed; if he resigns by writing under his hand addressed to the president of the senate, or, if the office of president is vacant of the president is absent from the bahamas, to the vice-president; if, with his consent, he is nominated as a candidate for election to the house of assembly; if he is absent from the bahamas for a period exceeding forty days at any time when the senate is sitting, without the leave of the president given in accordance with the provisions of paragraph (2) of this article; if he ceases to be a citizen of the bahamas; subject to the provisions of paragraph (3) of this article, if any circumstances arise that, if he were not a senator, would cause him to be disqualified for appointment as such by virtue of sub-paragraph (a), (b), (c), (e), (f), (g) or (h) of article 42(1) of this constitution or of any law enacted in pursuance of article 42(2) of this constitution; in the case of a senator who was appointed as such in accordance with the advice of the prime minister or in accordance with the advice of the leader of the opposition or on the advice of the prime minister after consultation with the leader of the opposition, if the governor-general, acting in accordance with the advice of the prime minister or in accordance with the advice of the leader of the opposition or on the advice of the prime minister after consultation with the leader of the opposition, as the case may be, by instrument under the public seal, declares the seat of that senator to be vacant; or if he becomes interested in any government contract: provided thatif in the circumstances it appears to the senate to be just so to do, the senate may exempt any senator from vacating his seat under the provisions of this subparagraph, if that senator, before becoming interested in such contract as aforesaid or as soon as practicable after becoming so interested, discloses to the senate the nature of such contract and his interest therein; if proceedings are taken under a law made under article 45 of this constitution to determine whether a senator has vacated his seat under the provisions of this subparagraph he shall be declared by the court not to have vacated his seat if he establishes to the satisfaction of the court that he, acting reasonably, was not aware that he was or had become interested in such contract; and no proceedings under the preceding sub-paragraph shall be instituted by any person other than a senator or member of the house of assembly. the president of the senate may grant leave to any senator to be absent from the bahamas for any period not exceeding six months at any one time. if the circumstances such as are referred to in sub-paragraph (1)(f) of this article arise because a senator is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of a corrupt or illegal practice at elections and if it is open to the senator to appeal against the decision (either with the leave of a court of other authority or without such leave), he shall forthwith cease to perform his functions as a senator but, subject to paragraph (4) of this article, he shall not vacate his seat until the expiration of a period of thirty days thereafter: provided that the president of the senate may, at the request of the said senator, from time to time extend that period for further periods of thirty days to enable the senator to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval signified by resolution, of the senate. if, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the senator, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal of for any other reason, it ceases to be open to the senator to appeal, he shall forthwith vacate his seat. if at any time before the senator vacates his seat such circumstances as aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (3) of this article and he may resume the performance of his functions as a senator. 44. president and vice president when the senate first meets after this constitution comes into operation or after any general election and before it proceeds to the dispatch of any other business, the senate shall, in accordance with such procedure as may be prescribed by the rules of procedure of the senate, elect a senator to be president of the senate; and, if the office of president falls vacant at any time, the senate shall, as soon as practicable, proceed in like manner to fill the vacant office. when the senate first meets after this constitution comes into operation or after any general election and before it proceeds to the dispatch of any other business except the election of the president it shall elect a senator to be vice-president of the senate; and if the office of vice-president falls vacant at any time, the senate shall, as soon as practicable, elect a senator to that office. the senate shall not elect a senator who is a minister or parliamentary secretary to be the president or vice-president of the senate. a person shall vacate the office of president or vice-president of the senateif he ceases to be a senator; if he is appointed to be a minister or parliamentary secretary; if he announces the resignation of his office to the senate or if, by writing under his hand addressed, in the case of the president, to the president (or, if the office of president is vacant of the president is absent from the bahamas, to the clerk), he resigns that office; or in the case of the vice-president, if he is elected to be president. if, by virtue of article 43(3) of this constitution, the president or vice-president is required to cease to perform his functions as a senator he shall also cease to perform his functions as president or vice-president, as the case may be, and those functions shall, until he vacates his seat in the senate or resumes the performance of the functions of his office, be performedin the case of the president, by the vice-president or, if the office of vice-president is vacant or the vice-president is required to cease to perform his functions as a senator by virtue of article 43(3) of this constitution, by such senator (not being a minister or parliamentary secretary) as the senate may elected for the purpose; in the case of the vice-president, by such senator (not being a minister or parliamentary secretary) as the senate may elect for the purpose. if the president or vice-president resumes the performance of his functions as a senator in accordance with the provisions of article 43(5) of this constitution, he shall also resume the performance of his functions as president or vice-president, as the case may be. 45. determination of questions as to membership the supreme court shall have jurisdiction to hear and determine any question whetherany person has been validly appointed as a senator; or any senator has vacated his seat or is required under article 43(3) of this constitution to cease to perform his functions as a senator. subject to the following provisions of this article and to the provisions of article 43(1) of this constitution, parliament may by law make provision with respect tothe institution of proceedings for the determination of any question referred to in paragraph (1) of this article; and the powers, practice and procedure of the supreme court in relation to any such proceedings. proceedings for the determination of any question referred to in paragraph (1) of this article shall not be instituted except with the leave of a justice of the supreme court. no appeal shall lie from the decision of a justice of the supreme court granting or refusing leave to institute proceedings in accordance with paragraph (3) of this article. part 3. house of assembly 46. composition of house of assembly the house of assembly shall consist of thirty-eight members or such greater number of members as may be specified by an order made by the governor-general in accordance with the provisions of article 70 of this constitution. the members of the house shall be known as "members of parliament" and shall be persons who, being qualified for election as members of parliament in accordance with the provisions of this constitution, have been so elected in the manner provided by any law in force in the bahamas. 47. qualifications for membership of house of assembly subject to the provisions of article 48 of this constitution a person shall be qualified to be elected as a member of the house of assembly if, and shall not be qualified to be so elected unless, heis a citizen of the bahamas of the age of twenty-one years or upwards; and has ordinarily resided in the bahamas for a period of not less than one year immediately before the date of his nomination for election. 48. disqualifications for election as members of house of assembly no person shall be qualified to be elected as a member of the house of assembly whois a citizen of a country other than the bahamas having become such a citizen voluntarily; is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power or state; is disqualified for membership of the house of assembly by any law enacted in pursuance of paragraph (2) of this article; has been adjudged or otherwise declared bankrupt under any law in force in the bahamas and has not been discharged; is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in the bahamas; is under sentence of death imposed on him by a court in the bahamas, or is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended; is disqualified for membership of the house of assembly by any law in force in the bahamas by reason of his holding, or acting in, any office the function of which involveany responsibility for, or in connection with, the conduct of any election; or any responsibility for the compilation or revision of any electoral register; is disqualified for membership of the house of assembly by virtue of any law in force in the bahamas by reason of his having been convicted of any offence relating to elections; is a senator; or is interested in any government contract and has not disclosed the nature of such contract and of his interest therein by publishing a notice in the gazette within one month before the day of election. parliament may by law provide that, subject to such exceptions and limitations (if any) as may be prescribed therein, a person shall be disqualified for member ship of the house of assembly by virtue ofhis holding or acting in any office or appointment specified (either individually or by reference to a class of office or appointment) by such law; his belonging to any armed force of the bahamas or to any class or person so specified that is comprised in any such force; or his belonging to any police force or to any class of person that is comprised in any such force. for the purposes of sub-paragraph (1)(f) of this articletwo or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentence exceeds twelve months, but if any one of such sentences exceeds that term they shall be regarded as one sentence; and no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine. 49. tenure of office of members of house of assembly every member of the house of assembly shall vacate his seat in the houseupon a dissolution of parliament; if he resigns it by writing under his hand addressed to the speaker or, if the office of speaker is vacant or the speaker is absent from the bahamas, to the deputy speaker; if he is absent from the sitting of the house for such period and in such circumstances as may be prescribed in the rules of procedure of the house; if he ceases to be a citizen of the bahamas; subject to the provisions of paragraph (2) of this article, if any circumstances arise that, if he were not a member of the house, would cause him to be disqualified for election as such by virtue of sub-paragraph (a), (b), (c), (d), (e), (f), (g), or (h) of article 48(1) of this constitution; or if he becomes interested in any government contract: provided thatif in the circumstances it appears to the house or assembly may exempt any member of the house from vacating his seat under the provisions of this sub-paragraph, if that member, before becoming interested in such contract as aforesaid or as soon as practicable after becoming so interested, discloses to the house the nature of such contract and his interest therein; if proceedings are taken under a law made under article 51 of his constitution to determine whether a member of the house has vacated his seat under the provisions of this sub-paragraph he shall be declared by the court not to have vacated his seat if he establishes to the satisfaction of the court that he, acting reasonably, was not aware that he was or had become interested in such contract; and no proceedings under the preceding sub-paragraph shall be instituted by any person other than a senator or member of the house of assembly. if circumstances such as are referred to in sub-paragraph (1)(e) of this article arise because any member of the house is under sentence of death or imprisonment, declared bankrupt, adjudged to be of unsound mind or convicted of a offence relating to election and it is open to the member to appeal against the decision (either with the leave of a court or other authority or without such leave), he shall forthwith cease to perform his function as a member of the house but, subject to paragraph (3) of this article, he shall not vacate his seat until the expiration of a period of thirty days thereafter: provided that the speaker may, at the request of the member, from time to time extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred any fifty days shall not be given without the approval, signified by resolution, of the house of assembly. if, on the determination any appeal, such circumstances continue to exist and no further appeal is open to the member, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or of any other reason, it ceases to be open to the member to appeal, he shall forthwith vacate his seat. if at any time before the ember vacates his seat such circumstances as aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph 82) of this article and he may resume the performance of his function as a member of the house. 50. speaker and deputy speaker when the house of assembly first meets after any general election and before it proceeds to the dispatch of any other business, the house shall, in accordance with such procedure as may be prescribed by the rules of procedure of the house, elect from among the members who are not ministers or parliamentary secretaries one member to be the speaker of the assembly and another member to be deputy speaker; and, if the office of speaker or deputy speaker falls vacant at any time before the next dissolution of the house of assembly, the house shall, as soon as practicable, proceed in like manner to fill the vacant office. a person shall vacate the office of speaker or deputy speakerif he ceases to be a member of the house of assembly: provided that the speaker shall to vacate his office by reason only that he has ceased to be a member on a dissolution of parliament, until the house of assembly first meets after that dissolution; if he is appointed to be a minister or parliamentary secretary; if he announces the resignation f his office to the house of assembly or if, by writing under his hand addressed, in the case of the speaker, to the clerk of the house and, in the case of the deputy speaker, to the speaker (or if the office of speaker is vacant or the speaker is absent from the bahamas, to the clerk), he resigns that office; or in the case of the deputy speaker, if he is elected to be speaker. if by reason of article 49(2) of this constitution the speaker or deputy speaker is required to cease to perform his functions as a member of the house of assembly, he shall also cease to perform his function as speaker or deputy speaker and those functions shall, until he vacates his seat in the house or resumes the performance of the functions to his office, be performedin the case of the speaker, by the deputy speaker or, if the office of deputy speaker is vacant or the deputy speaker is required to cease to perform his functions as a member of the house of assembly by virtue of article 49(2) of this constitution, by such member (not being a minister or parliamentary secretary) as the house may elect for the purpose; in the case of the deputy speaker, by such member (not being a minister or parliamentary secretary) as the house may elect for the purpose. if the speaker or deputy speaker resumes the performance of his functions as a member of the house in accordance with the provisions of article 49(4) of this constitution, he shall also resume the performance of his functions as speaker or deputy speaker, as the case may be. 51. determination of questions as to membership an election court, consisting of two justices to the supreme court appointed by the chief justice or, if for any reason two such justices are not available, one such justice and the chief magistrate or a stipendiary and circuit magistrate appointed by the chief justice, shall have jurisdiction to hear and determine any question whetherany person has been validly elected as a member of the house of assembly; or any member of the house of assembly has vacated his seat or is required, under the provisions of article 49(2) of this constitution, to cease to perform his functions as a member. subject to the following provisions of this article and to the provisions of article 49(1) of this constitution, parliament may make or provide for the making or provision, with respect tothe institution of proceedings for the determination of any question referred to in paragraph (1) of this article; and the powers, practice and procedure of an election court in relation to any such proceedings. the determination by an election court of any question referred to in paragraph (1) of this article shall be final. proceedings for the determination of any question referred to in paragraph (1) of this article shall not be instituted except with the leave of a justice of the supreme court. an appeal shall lie to the court of appeal on a point of law from the decision of a justice of the supreme court granting or refusing leave to institute proceedings in accordance with this article , but, subject as aforesaid, that decision shall be final. part 4. powers and procedure of parliament 52. powers to make laws subject to the provisions of this constitution, parliament may make laws for the peace, order and good government of the bahamas. subject to the provisions of articles 60, 61 and 62 of this constitution, the power of parliament to make laws shall be exercised by bills passed by both houses, either without amendment or with such amendments only as are agreed to by both houses, and assented to by the governor general in accordance with article 63 of this constitution. 53. privileges of parliament without prejudice to the generality of article 52(1) of this constitution and subject to the provisions of paragraph (2) of this article, parliament may by law determine the privileges, immunities and powers of the senate and the house of assembly and the members thereof. no process issued by any court in the exercise of its civil jurisdiction shall be served or executed within the precincts of the senate of the house of assembly while it is sitting, or through the president or the speaker, the clerk or any other officer of either house. 54. alteration of this constitution subject to the provisions of this article, parliament may, by an act of parliament passed by both houses, alter any of the provisions of this constitution or (in so far as it forms part of the law of the bahamas) any of the provisions of the bahamas independence act, 1973. in so far as it altersarticles 32, 33, 34, 35, 41, 42, 43, 47, 48, 49, 79, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 128, 129, 130, 131, 132, 133, 134, 135, or 136 of this constitution; or articles 127 or 137 of this constitution in their application to any of the provisions specified in sub-paragraph (a) of this paragraph bill for an act of parliament under this article shall not be passed by parliament unless:at the final voting thereon in each house it is supported by the votes of not less than two-thirds of all the members of each house, and the bill, after its passage through both hose, has been submitted to the electors qualified to vote for the election of members of the house of assembly and, on a vote in such manner as parliament may prescribe the majority of the electors voting have approved the bill. in so far as it altersthis article; (b) articles 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 38, 39, 40, 45, 46, 51, 52, 60, 61, 62, 65, 66, 67, 68, 69, 70, 71, 72, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, or 105 of this constitution; or articles 106, 127 or 137 of this constitution in their application to any of the provisions specified in sub-paragraphs (a) or (b) of this paragraph; or any of the provision of the bahamas independence act 1973, a bill for an act of parliament under this article shall not be passed by parliament unless: at the final voting thereon in each house it is supported by the votes of nor less than three-quarters of all the members of each house, and the bill, after its passage through both houses has been submitted to the electors qualified to vote for the elections of members of the house of assembly and, on a vote taken in such manner as parliament may prescribe the majority of the electors voting have approved the bill. in this articlereferences to any of the provisions of this constitution or the bahamas independence act 1973 include references to any law that amends or replaces that provision; and references to the alteration of any of the provisions of this constitution or the bahamas independence act 1973 include references to he amendment, modification or re-enactment with of without amendment or modification, of that provision, the suspension or repeal of that provision and the making of a different provision in lieu of that provision, no act of parliament shall be construed as altering this constitution unless it is stated in the act that it is an act for that purpose. 55. regulation of procedure in parliament subject to the provisions of this constitution, each house may regulate its own procedure and for this purpose may make rules of procedure. each house may act notwithstanding any vacancy in its membership, and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the house shall to invalidate those proceedings. 56. presiding in the senate and house of assembly the president of the senate or, in his absence, the vice-president or, if they are both absent, a senator (not being a minister or parliamentary secretary) elected by the senate for that sitting shall preside at each sitting of the senate. the speaker or, in his absence, the deputy speaker or, if they are both absent, a member (not being a minister or parliamentary secretary) elected by the house for that sitting shall preside at each sitting of the house of assembly. references in this article to circumstances in which the president, vice-president, speaker or deputy speaker is absent include references to circumstances in which the office of president, vice-president, speaker or deputy speaker is vacant. 57. quorum if at any time during a sitting of either house objection is taken by a member that there is not a quorum present and, after such interval as may be prescribed by the rules of procedure of that house the person presiding ascertain that there is still not a quorum present, he shall thereupon adjourn the hose. for the purpose of this articlea quorum of the senate shall consist of six senator including the person presiding; and a quorum of the house of assembly shall consist of ten members including the person presiding, or of such greater number of members as may be specified by an order made by the governor-general in accordance with the provisions of article 70 of this constitution. 58. voting save as is otherwise provided in this constitution, all questions proposed for decision in either house shall be determined by a majority of the votes of the members thereof present and voting. the person presiding in either house shall not voteunless on any question the votes are equally divided, in which case he shall have and exercise a casting vote; or except in the case of the final vote on a bill for an act of parliament under article 54 of this constitution in which case he shall have an original vote. 59. introduction of bills, etc subject to the provisions of this constitution and of the rules of procedure of the senate or the house of assembly, as the case may be, any member of either house may introduce any bill or propose any motion for debate in, or may present any petition to, that house, and the same shall be debated and dispose of according to the rules of procedure of that house. a bill other than a money bill may be introduced in either house, but a money bill shall not be introduced in the senate. except on the recommendation of the cabinet signified by a minister, the house of assembly shall notproceed upon any bill (including any amendment to a bill) which, in the opinion of the person presiding, makes provision for imposing or increasing any tax, for imposing any charge on the consolidated fund or any other public fund or altering any such charge otherwise than by reducing it or for compounding or remitting any debt due to the bahamas; or proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, is that provision shall be make for any of the purposes aforesaid. the senate shall notproceed upon any bill, other than a bill sent from the house of assembly, or any amendment to a bill which, in the opinion of the person presiding, makes provisions for imposing or increasing any tax, for imposing any charge on the consolidated fund or any other public fund or altering any such charge otherwise than by reducing it or for compounding or remitting any debt due to the bahamas; or proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, is that provision shall be made for any of the purposes aforesaid. 60. restriction on powers of senate as to money bills subject to the provisions of this constitution, if a money bill, having been passed by the house of assembly and sent to the senate at least one month before the end of the session, is not passed by the senate without amendment within one month after it is sent to that house, the bill shall, unless the house of assembly otherwise resolves, be present to the governor-general for his assent notwithstanding that the senate has not consented to the bill. there shall be endorsed on every money bill when it is sent to the senate the certificate of the speaker signed by him that it is a money bill; and there shall be endorsed on any money bill that is presented to the governor-general for assent in pursuance of paragraph (1) of this article the certificate of the speaker signed by him that it is a money bill and that the provisions of that paragraph have been complied with. 61. restriction on powers of senate as to bills other than money bills if any bill other than a money bill is passed by the house of assembly in two successive sessions (whether or not parliament is dissolved between those sessions) and, having been sent to the senate in each of those sessions at least one month before the end of the session, is rejected by the senate in each of those sessions, that bill shall, on its rejection for the second time by the senate, unless the house of assembly otherwise resolves, be presented to the governor-general for assent notwithstanding that the senate has not consented to the bill: provided that the foregoing provisions of this paragraph shall not have effect unless at least nine months have elapsed between the date on which the bill is passed by the house of assembly in the first session and the date on which it is passed by the house of assembly in the second session. for the purposes of this article a bill that is sent to the senate from the house of assembly in any session shall be deemed to be the same bill as a former bill sent to the senate in the preceding session if, when it is sent tot the senate, it is identical with the former bill or contains only such alterations as are certified by the speaker to be necessary owing to the time that has elapse since the date of the former bill or to represent any amendments which have been made by the senate in the former bill in the preceding session. the house of assembly may, if it thinks fit, on the passage through the house of a bill that is deemed to be the same bill as a former bill sent to the senate in the preceding session, suggest any amendments without inserting the amendments in the bill, and any such amendments shall be considered by the senate, and, if agreed to by the senate, shall be treated as amendments made by the senate and agreed to by the house of assembly; but the exercise of this power by the house of assembly shall not affect the operation of this article in the event of the rejection of the bill in the senate. there shall be inserted in any bill that is presented to the governor-general for assent in pursuance of this article any amendments that are certified by the speaker to have been made in the bill by the senate in the second session and agreed to by the assembly. there shall be endorsed on any bill that is presented to the governor-general for assent in pursuance of this article the certificate of the speaker signed by him that the provisions of this article have been complied with. the prisons of this article shall not apply to a bill which is required by article 54 of this constitution to be passed by both hoses. 62. provisions relating to articles 59, 60 and 61 in articles 59,60 and 61 of this constitution "money bill" means a public bill which, in the opinion of the speaker, contains only provisions dealing with all or any of the following matters, namely, the imposition, repeal, remission, alteration or regulation of taxation; the imposition, for the payment of debt or other financial purposes, of charges on the consolidated fund or any other public funds or on monies provided by parliament or the variation or repeal of any such charges; the grant of money to the crow or to any authority or person, or the variation or revocation of any such grant, the appropriation, receipt, custody, investment, issue or audit of accounts of public money; the raising or guarantee of any loan or the repayment thereof, of the establishment, alteration, administration or abolition of any sinking fund provided in connection with any such loan; or subordinate matters incidental to any of the matters aforesaid; and in this paragraph the expressions "taxation", "debt", "public fund", "public money", and "loan" do not include any taxation imposed, debt incurred, fund or money provided or loan raised by any local authority or body for local purposes. for the purposes of article 61 of this constitution, a bill shall be deemed to be rejected by the senate ifit is not passed by the senate without amendment; or it is passed by the senate with any amendment which is not agreed to by the house of assembly. whenever the office of speaker is vacant or the speaker is for any reason unable to perform any functions conferred upon him by paragraph (1) of this article or by articles 60 or 61 of this constitution, that function may be performed by the deputy speaker. any certificate of the speaker or deputy speaker given under article 60 or 61 of this constitution shall be conclusive for all purposes and shall not be questioned in any court. 63. assent to bills a bill shall not become law until the governor-general has assented thereto in her majesty's behalf and has signed it in token of such assent. subject to the provisions of articles 60 and 61 of this constitution, a bill shall be presented to the governor-general for assent if, and shall not be so presented unless, it has been passed by both houses either without amendment or without amendment or with such amendments only as are agreed to by both houses. any bill to which article 54(2) or (3) of this constitution applies shall be presented to the governor-general endorsed with certificates of the requisite majorities in accordance with whichever of those paragraphs applies to the bill, and with a certificate of the parliamentary registrar that it has been approved by the majority of the electors voting on the bill. when a bill is presented to the governor-general for assent he shall signify that he assents of that he withholds assent. 64. oaths of allegiance no member of either house shall take part in the proceedings thereof unless he has taken the oath of allegiance in such manner as is prescribed by any law in force in the bahamas: provided that the election of a president of the senate or the election of a speaker of the house of assembly may take place before the members of the senate or the house of assembly, as the case may be, have taken such oath. part 5. summoning, prorogation and dissolution 65. sessions of parliament each session of parliament shall be held at such place and commence at such time as the governor-general may by proclamation appoint. the time appointed for the commencement of any session of parliament shall be such that a period of twelve months does not intervene between the end of one session and the first sitting of parliament in the next session. 66. prorogation and dissolution of parliament the governor-general, acting in accordance with the advice of the prime minister, may at any time by proclamation prorogue parliament. the governor-general, acting in accordance with the advice of the prime minister, may at any time by proclamation dissolve parliament: provided that if the office of prime minister is vacant and the governor-general considers that there is no prospect of his being able within a reasonable time to appoint to that office a person who can command the confidence of a majority of the members of the house of assembly, he shall dissolve parliament. subject to the provisions of paragraph (4) of this article, parliament, unless sooner dissolved, shall continue for five years from the date of its first sitting after any dissolution and shall then stand dissolved. at any time when the bahamas is at war, parliament may extend the period of five years specified in paragraph (3) of this article for not more than twelve months at a time: provided that the life of parliament shall not be extended under this paragraph for more than two years. if, between a dissolution of parliament and the next ensuing general election of members to the house of assembly, an emergency arises of such a nature that, in the opinion of the prime minister, it is necessary for the two houses or either of them to be summoned before that general election can be held, the governor-general, acting in accordance with the advice of the prime minister, may summon the thereupon be deemed (except for the purposes of article 67 of this constitution) not to have been dissolved but shall be deemed (except as aforesaid) to be dissolved on the date on which the polls are held in the next ensuing general election. 67. general elections bye elections and appointment of senators after every dissolution of parliament the governor-general shall issue writs for a general election of members of the house of assembly returnable within ninety days from that dissolution. as soon as may be after every general election the governor-general shall proceed under article 39 of this constitution to the appointment of senators. whenever any person vacates his seat as a member of the house of assembly for any reason other than a dissolution of parliament, the governor-general shall issue a writ for the election of a member to fill the vacancy and such election shall be held within sixty days after the occurrence of the vacancy or, where the question whether a vacancy has occurred is determined under article 51 of this constitution, after that determination, unless parliament is sooner dissolved to the date by which parliament will be dissolved under the provisions of article 66 of this constitution is less than four months after the occurrence of the vacancy or, as the case may be, that determination. part 6. delimitation of constituencies 68. constituencies the bahamas shall be divided into thirty-eight constituencies or such greater number as may be provided for by an order made by the governor-general in accordance with the provisions of article 70 of this constitution and each such constituency shall return one member to the house or assembly. 69. constituencies commission there shall be a constituencies commission for the bahamas (in this and the next following article referred to as "the commission") the members of the commission shall bethe speaker who shall be chairman; a justice of the supreme court who shall be deputy chairman and shall be appointed by the governor-general acting on the recommendation of the chief justice; two members of the house of assembly who shall be appointed by the governor-general acting in accordance with the advice of the prime minister; and one member of the house of assembly who shall be appointed by the governor-general acting in accordance with the advice of the leader of the opposition. the office of a member of the commission shall become vacantif he ceases to be the speaker, a justice of the supreme court or a member of the house of assembly, as the case may be; or in the case of a member appointed under sub-paragraph (2)(b), (c) or (d) of this article, if his appointment is revoked by the governor-general. if the office of a member of the commission, appointed under sub-paragraph (2)(b), (c) or (d) of this article is vacant or any such member is for any reason unable to perform the functions of his office, the governor-general may appoint a person qualified for appointment under the said sub-paragraph (b), (c) or (d), as the case may be, to act in the office of that member and any person so appointed may continue so to act until his appointment is revoked. in revoking the appointment of a member of the commission under sub-paragraph (3)(b) of this article, and in making or revoking an appointment to act in the office of a member of the commission under paragraph (4) of this article, the governor-general shall act in the same manner as he would act if he were making an appointment to the office of that member under paragraph (2) of this article. any decision of the commission shall require the concurrence of not less than three members of the commission. subject to the provisions of paragraph (6) of this article, the commission may act notwithstanding a vacancy in its membership, and no proceedings of the commission shall be invalidated by reason only that some person not entitled to do so has taken part in them. 70. procedure for review of constituencies the commission shall in accordance with the provisions of this article, at intervals of not more than five years, review the number and boundaries of the constituencies into which the bahamas is divided and shall submit to the governor-general a single report eitherstating that in the opinion of the commission, no change is required; or recommending certain changes, and the governor-general shall cause such report to be laid before the house of assembly forthwith. in carrying out a review for the purposes of this article, the commission shall be guided by the general consideration that the number of voters entitled to vote for the purposes of electing every member of the house of assembly shall, so far as is reasonably practicable, be the same and the need to take account of special consideration such as the needs of sparsely populated areas, the practicably of elected members maintaining contact with electors in such areas, size, physical features, natural boundaries and geographical isolation. when the commission intends to proceed under paragraph (1) of this article, it shall, by notice in writing, inform the prime minister, who shall cause a copy of the notice to be published in the gazette. as soon as may be after the commission has submitted a report recommending changes in the boundaries of any constituencies, the prime minister shall lay before the house of assembly for its approval a draft of an order by the governor-general for giving effect, whether with or without modifications, to the recommendations contained in the report, and that draft may make provision for any matters (including variation of the quorum specified in article 57 of this constitution) which appear to the prime minister to be incidental to or consequential upon the other provisions of the draft. where any draft order laid under this article would give effect to any such recommendations with modifications, the prime minister shall lay before the house of assembly together with the draft a statement of the reasons for the modifications. if the motion for the approval of any draft order laid under this article is rejected by the house of assembly, or is withdrawn by leave of the house, an amended draft shall be laid without undue delay by the prime minister before the house of assembly. if any draft order laid under this article is approved by resolution of the house of assembly, the prime minister shall submit it tot he governor-general who shall make an order (which shall be published in the gazette) in terms of the draft; and that order shall come into force on such day as may be specified therein and, until revoked by a further order made by the governor-general in accordance with the provisions of this article, shall have the force of law in the bahamas: provided that the coming into force of any such order shall not affect any election to the house of assembly until a proclamation is made by the governor-general appointing the date for the holding of a general election of members of the house of assembly or affect the constitution of the house of assembly then in being. save as provided in the next following paragraph the question of the validity of nay order by the governor-general purporting to be made under his article and reciting that a draft thereof has been approved by resolution of the house of assembly shall not be inquired into in any court of law. parliament may by law provide for an appeal to the supreme court against a statement or recommendation submitted by the commission in pursuance of subparagraph (1)(a) or (b) of this article. 1 chapter vi. the executive 71. executive authority the executive authority of the bahamas is vested in her majesty. subject to the provisions of this constitution, the executive authority of the bahamas may be exercised on behalf of her majesty by the governor-general, either directly or through officers subordinate to him. nothing in this article shall prevent parliament from conferring functions on persons or authorities other than the governor-general. 72. the cabinet there shall be a cabinet for the bahamas which shall have the general direction and control of the government of the bahamas and shall be collectively responsible thereof to parliament. the cabinet shall consist of the prime minister and not less than eight other ministers (of whom one shall be the attorney-general), as may be appointed in accordance with the provisions of article 73 of this constitution. 73. appointment of ministers whenever there shall be occasion for the appointment of a prime minister, the governor-general shall appoint as prime ministerthe member of the house of assembly who is the leader of the party which commands the support of the majority of the members of that house, or if it appears to him that party does not have an undisputed leader in that house or that no party commands the support of such a majority, the member of the house of assembly who, in his judgment, is most likely to command the support of the majority of members of that house, and who is willing to accept the office of prime minister. subject to the provisions of paragraph (3) of this article, the ministers other than the prime minister shall be such persons as the governor-general, acting in accordance with the advice of the prime minister, shall appoint from among the senators and the members of the house of assembly. if the attorney-general is appointed from among the members of the house of assembly, not more than three ministers shall be appointed from among the senators, and if the attorney-general is appointed from among the senators, not more than two other ministers shall be appointed from among the senators. if occasion arises for making an appointment to the office of prime minister while parliament is dissolved, a person who was a member of the house of assembly immediately before the dissolution may, notwithstanding any other provision of this article, be appointed as prime minister. if occasion arises for making an appointment to the office of any other minister while parliament is dissolved, a person who, immediately before the dissolution, was a senator or a member of the house of assembly may, subject to the provisions of paragraph (3) of this article, be appointed as a minister. 74. tenure of office of ministers if the house of assembly passes a resolution, supported by the votes of a majority of all the members of the house, declaring that it has no confidence in the prime minister and the prime minister does not within seven days of the passing of such a resolution either resign or advise the governor-general to dissolve parliament, the governor-general shall revoke the appointment of the prime minister. the prime minister shall also vacate his officeif at any time between the holding of a general election and the first sitting of the house of assembly thereafter he is informed by the governor-general that the governor-general in pursuance of article 73(1) of this constitution is about to re-appoint him as prime minister or to appoint another person as prime minister; or if for any reason other than a dissolution of parliament he ceases to be a member of the house of assembly. a minister other than the prime minister shall vacate his officewhen any person is appointed or re-appointed as prime minister; if for any reason other than a dissolution of parliament he cases to be a member of the house from among the members of which he was appointed; or if his appointment is revoked by the governor-general acting in accordance with the advice of the prime minister. if at any time the prime minister is required under the provisions of paragraphs (2), (3) and (4) of articles 49 of this constitution to cease to perform his function as a member of the house of assembly, he shall cease during such time to perform any of his functions as prime minister. if at any time a minister other than the prime minister is required under the provisions of paragraphs (3), (4) and (5) of article 43 or paragraphs (2), (3) and (4) of article 49 of this constitution to cease to perform his functions as a member of the house to which he belongs, he shall cease during such time to perform any of his functions as a minister. 75. performance of functions of prime minister during absence, illness or suspension whenever the prime minister is absent from the bahamas or is unable by reason of illness or of the provisions of paragraph (4) or article 74 of this constitution to perform the functions conferred upon him by this constitution, the governor-general may authorize some other member of the cabinet to perform those functions (other than the function conferred by this article) and that member may perform those functions until his authority is revoked by the governor-general. the powers of the governor-general under this article shall be exercised by him in accordance with the advice of the prime minister: provided that if the governor-general considers that it is impracticable to obtain the advice of the prime minister owing to his absence or illness, or if the prime minister is unable to tender advice by reason of the provisions of paragraph (4) of article 74 of this constitution, the governor-general may exercise those powers without the advice of the prime minister. 76. temporary ministers whenever a minister other than the prime minister is unable, by reason of his illness or absence from the bahamas or absence from his duties on leave, to perform the functions of his office, the governor-general may, in writing, authorize another minister to perform those functions or appoint a person to be a temporary minister: provided that if occasion arises for the making of an appointment between a dissolution of parliament and the next following general election, the preceding provisions of this article shall have effect for the purpose as if parliament had not been dissolved. subject to the provisions of article 74 of this constitution, a temporary minister shall hold office until he is notified by the governor-general in writing that the minister on account of whose inability to perform the function of his office he was appointed is again able to perform those functions of that minister vacates his office. the power conferred on the governor-general by this article shall be exercised by him in accordance with the advice of the prime minister. 77. allocation of portfolios to ministers the governor-general, acting in accordance with the advice of the prime minister, may, by directions in writing, charge the prime minister or any other minister with responsibility for any business of the government of the bahamas, including the administration of any department of government: provided that a minister appointed from among members of the house of assembly shall be charged with responsibility for finance. 78. functions of attorney-general the attorney-general shall have power in any case in which he considers it desirable so to doâ�� to institute and undertake criminal proceedings against any person before any court in respect of any offence against the law of the bahamas; to take over and continue any such criminal proceedings that may have been instituted by any other person or authority; and to discontinue, at any stage before judgment is delivered, any such criminal proceedings instituted or undertaken by himself or any other person or authority. the powers conferred upon the attorney-general under paragraph (1) of this article may be exercised by him in person or through other persons acting under and in accordance with his general or special instructions. the powers conferred upon the attorney-general by sub-paragraphs (1) (b) and (c) of this article shall be vested in him to the exclusion of any other person or authority: provided that, where any other person or authority has instituted criminal proceedings, nothing in this article shall prevent the withdrawal of those proceedings by or at the instance of that person or authority at any stage before the person against whom the proceedings have been instituted has been charged before the court. in the exercise of powers conferred upon him by this article the attorney-general shall not be subject to the direction or control of any other person or authority. for the purposes of this article, any appeal from any determination in any criminal proceedings before any court or any case stated or question of law reserved for the purpose of any such proceedings to any other court shall be deemed to be part of those proceedings. 79. exercise of governor general's powers the governor-general shall, in the exercise of his functions, act in accordance with the advice of the cabinet or a minister acting under the general authority of the cabinet, except in cases where by this constitution or any other law he is required to act in accordance with the recommendation or advice of, of with the concurrence of, or after consultation with, any person or authority other than the cabinet: provided that the governor-general shall act in accordance with his own deliberate judgment in the performance of the following functionsin the exercise of the power to appoint the prime minister conferred upon him by paragraphs (1) or (4) of article 73 of this constitution; in the exercise of the powers conferred upon him by article 75 of this constitution (which relates to the performance of the functions of the prime minister during absence, illness or suspension) in the circumstances described in the proviso to paragraph (2) of that article; in the exercise of the power to appoint the leader of the opposition and to revoke any such appointment conferred upon him by article 82 of this constitution; in the exercise of the power conferred on him by article 83(a) of this constitution during any vacancy in the office of leader of the opposition; in the exercise of the power to dissolve parliament conferred upon him by the proviso to article 66(2) of this constitution; in removing a justice of the supreme court from office under article 96(5) of this constitution; in removing a justice of appeal from office under article 102(5) of this constitution; in the powers relating to appointment, removal and disciplinary control over members of his personal staff, conferred on him by article 35 of this constitution. where the governor-general is directed to exercise any function on the recommendation of any person or authority, he shall exercise that function in accordance with such recommendation: provided thatbefore he acts in accordance therewith, he may, acting in accordance with his own deliberate judgment, once refer that recommendation back for reconsideration by the person or authority concerned; and if that person or authority, having reconsidered the original recommendation under sub-paragraph (a) of this proviso, substitutes thereof a different recommendation, the provisions of this paragraph shall apply to that different recommendation as they apply to the original recommendation. where the governor-general is directed to exercise any function after consultation with any person or authority he shall not be obliged to exercise that function in accordance with the advice or recommendation of that person or authority. where the governor-general is directed to exercise any function on the recommendation or advice of, or with the concurrence of, or after consultation with, any person or authority, the question whether he has so exercised that function shall not be inquired into in any court. where the governor-general is directed to exercise any function on the recommendation of the prime minister after consultation with the leader of the opposition, the following steps shall be takenthe prime minister shall first consult the leader of the opposition and thereafter tender his recommendation to the governor-general; the governor-general shall then inform the leader of the opposition of that recommendation and if the leader of the opposition concurs therein the governor-general shall act in accordance with the recommendation; if the leader of the opposition does not concur in the prime minister and refer the recommendation back to him; the prime minister shall then advice the governor-general and the governor-general shall act in accordance with that advice. any reference in this constitution to the functions of the governor-general shall be construed as a reference to his powers and duties in the exercise of the executive authority of the bahamas and to any other powers and duties conferred or imposed on him as governor-general by or under this constitution or any other law. 80. governor general to be informed concerning matters of government the prime minister shall keep the governor-general fully informed concerning the general conduct of the government of the bahamas and shall furnish the governor-general with such information as he may request with respect to any particular matter relating to the government of the bahamas. 81. parliamentary secretaries the governor-general, acting in accordance with the advice of the prime minister, may appoint parliamentary secretaries from among the senators and the members of the house of assembly to assist ministers in the performance of their duties. provided that, if occasion arises for making an appointment while parliament is dissolved, a person who was a senator or a member of the house of assembly immediately before the dissolution may be appointed as a parliamentary secretary. the office of a parliamentary secretary shall become vacantit for any reason of the than a dissolution of parliament he ceases to be a member of the house from among the members of which he was appointed; upon the appointment or re-appointment of any person as prime minister; or if the governor-general, acting in accordance with the advice of the prime minister, so directs. 82. leader of the opposition there shall be a leader of the opposition who shall be appointed by the governor-general. whenever there shall be occasion for the appointment of a leader of the opposition, the governor-general shall appoint the member of the house of assembly who, in his judgment, is best able to command the support of the majority of the members of the house in opposition of the government; or if there is no such persons, the member of the house who, in his judgment, commands the support of that largest single group of members in opposition to the government who are prepared to support one leader: provided that this paragraph shall have effect in relation to any period between a dissolution of parliament and the day on which the next election of members the house of assembly is held as if parliament had not been dissolved. the leader of the opposition shall vacate his office ifafter an election of members of the house of assembly following any dissolution of parliament he is informed by the governor-general that the governor-general is about to appoint another person as leader of the opposition; for any reason other than a dissolution of parliament he ceases to be a member of the house of assembly; under the provisions of paragraphs (2), (3) and (4) of article 49 of this constitution he is required to cease to perform his functions as a member of the house of assembly; or his appointment is revoked under the provisions of paragraph (4) of this article. if in the judgment of the governor-general the leader of the opposition is no longer the member of the house of assembly best able to command the support of the majority of members of the house in opposition to the government or the member of the house who commands the support of the largest single group of members in opposition to the government who are prepared to support one leader, the governor-general shall revoke the appointment of the leader of the opposition. paragraph (4) of this article shall not have effect while parliament is dissolved. 83. certain vacancies in office of leader of the opposition during any period in which there is a vacancy in the office of leader of the opposition by reason of the fact that no person is both qualified in accordance with this constitution for, and willing to accept appointment to, that office, the governor-general shallact in accordance with his own deliberate judgment in the exercise of any function in respect of which it is provided in this constitution that the governor-general shall act on the recommendation of the prime minister after consultation with the leader of the opposition. 84. oaths to be taken by ministers, etc a minister or parliamentary secretary shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and such oath for the due execution of his office as may be prescribed by parliament. 85. leave of absence for ministers, etc the governor-general, acting in accordance with the advice of the prime minister, may grant leave of absence from his duties to any minister or parliamentary secretary. 86. summoning of and presiding in cabinet the cabinet shall not be summoned except by that authority of the prime minister. the prime minister shall, so far as is practicable, attend and preside at all meetings of the cabinet and in his absence such other minister shall reside as the prime minister shall appoint. 87. quorum no business shall be transacted at any meeting of the cabinet if there are present at the meeting less than a majority of the members for the time being of the cabinet. subject to paragraph (1) of this article, the cabinet shall not be disqualified for the transaction of business by reason of any vacancy in the membership of the cabinet (including any vacancy nor filled when the cabinet is first constituted or is reconstituted at any time) and the validity of the transaction of business in the cabinet shall to be affect by reason only of the fact that some person who was not entitled so to do took part in those proceedings. 88. permanent secretaries where any minister has been charged with responsibility for any department of government, he shall exercise general direction and control over that department; and, subject to such direction and control, the department shall be under the supervision of a public officer (in this constitution referred to as a permanent secretary) appointed for the purpose: provided that two or more government departments may be placed under the supervision of one permanent secretary. 89. constitution of offices, etc subject to the provision of this constitution and of any act of parliament, the governor-general may constitute offices for the bahamas, make appointments to any such office and terminate any such appointment. 90. powers of pardon, etc the governor-general may in her majesty's name and on her majesty's behalfgrant to any person convicted of any offence against the law of the bahamas a pardon, either free or subjected to lawful conditions; grant to any persons a respite, either indefinite or for a specified period, from the execution of any punishment imposed on that person for such an offence; substitute a less severe form of punishment for that imposed by any sentence for such an offence; or remit the whole or any part of any sentence passed for such an offence o any penalty or forfeiture otherwise due to her majesty on account of such an offence. the power of the governor-general under paragraph (1) of this article shall be exercised by him in accordance with the advice of a minister designated by him, acting in accordance with the advice of the prime minister. 91. advisory committee on prerogative of mercy there shall be an advisory committee on the prerogative of mercy which shall consist ofthe minister referred to in paragraph (2) of article 90 of this constitution, who shall be chairman; the attorney-general; and not less than three or more than five other members appointed by the governor-general. 92. functions of advisory committee where an offender has been sentenced to death by any court for an offence against the law of the bahamas, the minister shall cause a written report of the case from the trial justice of the supreme court, together with such other information derived from the record of the case or elsewhere as the minister may require, to be taken into consideration at a meeting of the advisory committee. the minister may consult with the advisory committee before tendering any advice to the governor-general under paragraph (2) of article 90 of this constitution in any case not falling within paragraph (1) of this article. the minister shall not be obliged in any case to act in accordance with the advice of the advisory committee. the advisory committee may regulate its own procedure. in this article "the minister" means the minister referred to in paragraph (2) of article 90 of this constitution. chapter vii. the judicature part 1. the supreme court 93. establishment of supreme court there shall be a supreme court for the bahamas which shall have such jurisdiction and powers as may be conferred upon it by this constitution or any other law. the justices of the supreme court shall be the chief justice and such number of other justices as may be prescribed by parliament. no office of justice of the supreme court shall be abolished while there is a substantive holder thereof. the supreme court shall be a superior court of record and, save as otherwise provided by parliament, shall have all the powers of such a court. 94. appointment of justices of supreme court the chief justice shall be appointed by the governor-general by instrument under the public seal on the recommendation of the prime minister after consultation with the leader of the opposition. the other justices of the supreme court shall be appointed by the governor-general by instrument under the public seal acting on the advice of the judicial and legal service commission. the qualifications for appointment as a justice of the supreme court shall be such as may be prescribed by any law for the time being in force: provided that a person who has been appointed as a justice of the supreme court may continue in office notwithstanding any subsequent variations in the qualifications so prescribed. 95. acting justices if the office of chief justice is vacant or if the chief justice is for any reason unable to perform the functions of his office, then, until a person has been appointed to that office and assumed those functions, they shall be performed by such other person, qualified under paragraph (3) of article 94 of this constitution for appointment as a justice, as the governor-general, acting in accordance with the advice of the prime minister may appoint for that purpose by instrument under the public seal. if the office of a justice of the supreme court is vacant, or if any such justice is anointed to act as chief justice or as a justice of appeal, or is for any reason unable to perform the functions of this office, the governor-general, acting on the advice of the judicial and legal service commission, may by instrument under the public seal appoint a person qualified under paragraph (3) of article 94 of this constitution for appointment as a justice to act as a justice of the supreme court, and any person so appointed shall, subject to the provisions of paragraph (5) of article 96 of this constitution, continue to act for the period of his appointment or, if no such period is specified, until his appointment is revoked by the governor-general acting on the advice of the judicial and legal service commission. any person appointed to act as a justice under the provisions of this article may, notwithstanding that the period of his appointment has expired or his appointment has been revoked, sit as a justice for the purpose of delivering judgment or doing any other thing in relation to proceedings which were commenced before him while he was so acting. 96. tenure of office of justices of supreme court subject to the provisions of paragraphs (4) to (7) (inclusive) of this article, a justice of the supreme court shall hold office until he attains the age of sixty-five years: provided that the governor-general, acting on the recommendation of the prime minister after consultation with the leader of the opposition, may permit a justice who attains the age of sixty-five years to continue in office until he has attained such later age, not exceeding sixty-seven years, as may (before the justice has attained the age of sixty-five years) have been agreed between them. notwithstanding that he has attained the age at which he is required by or under the provisions of this article to vacate his office, a person holding the office of justice of the supreme court may, with the permission of the governor-general, acting in accordance with the advice of the prime minister, continue in office for such period after attaining that age as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age. nothing done by a justice of the supreme court shall be invalid by reason only that he has attained the age at which he is required by this article to vacate his office. a justice of the supreme court may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or nay other cause) or for misbehavior, and shall not be so removed except in accordance with the provisions of paragraph (5) of this article. a justice of the supreme court shall be removed from office by the governor-general by instrument under the public seal if the question of the removal of that justice from office has, at the request of the governor-general, made in pursuance of paragraph (6) of this article, been referred by her majesty to the judicial committee of her majesty's privy council and the judicial committee has advised her majesty that the justice ought to be removed from office for inability as aforesaid or for misbehavior. if the prime minister (in the case of the chief justice) or the chief justice after consultation with the prime minister (in the case of any other justice) represents to the governor-general that the question of removing a justice of the supreme court from office for inability as aforesaid of for misbehavior ought to be investigated, thenthe governor-general shall appoint a tribunal, which shall consist of a chairman and not less than two other members, selected by the governor-general acting in accordance with the advice of the prime minister (in the case of the chief justice) or of the chief justice (in the case of any other justice) from among persons who hold or have held high judicial office; that tribunal shall inquire into the matter and report on the facts thereof to the governor-general and recommend to the governor-general whether he should request that the question of the removal of that justice should be referred by her majesty to the judicial committee; and if the tribunal so recommends, the governor-general shall request that the question should be referred accordingly. the provisions of the commissions of inquiry act [fn: statute law of the bahama islands, revised edition 1965. cap. 180.] as in force immediately before the appointed day shall, subject to the provisions of this article, apply as nearly as may be in relation to tribunals appointed under paragraph (6) of this article or, as the context may require, to the members thereof as they apply in relation to the commissions or commissioners appointed under that act, and for that purpose shall have effect as if they formed part of this constitution. if the question of removing a justice of the supreme court from office has been referred to a tribunal appointed under paragraph (6) of this article, the governor-general, acting in accordance with the advice of the prime minister (in the case of the chief justice) or of the chief justice after the chief justice has consulted with the prime minister (in the case of any other justice), may suspend the justice from performing the function of his office. any such suspension may at any time be revoked by the governor-general, acting in accordance with the advice of the prime minister or the chief justice (as the case may be), and shall in any case cease to have effectif the tribunal recommends to the governor-general that he should not request that the question of the removal of the justice from office should be referred by her majesty to the judicial committee; or the judicial committee advises her majesty that the justice ought not to be removed from office. the provisions of this article shall be without prejudice to the provisions of paragraph (2) of article 95 of this constitution. 97. oaths to be taken by justices of supreme court a justice of the supreme court shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and a judicial oath in such form as is prescribed by any law in force in the bahamas. part 2. court of appeal 98. establishment of court of appeal there shall be a court of appeal for the bahamas which shall have such jurisdiction and powers as may be conferred upon it by this constitution or any other law. the justices of appeal of the court of appeal shall bea president; the chief justice by virtue of his office as head of the judiciary but who, however, shall not sit in the court of appeal, unless he has been invited so to sit by the president of the court; and such number of other justices of appeal as may be prescribed by parliament. no office of justice of appeal shall be abolished while there is a substantive holder thereof. the court of appeal shall be a superior court of record and, save as otherwise provided by parliament, shall save all the powers of such a court. 99. justice of the court of appeal the president of the court of appeal and other justices of appeal shall be appointed by the governor-general by instrument under the public seal on the recommendation of the prime minister after consultation with the leader of the opposition. the qualifications for appointment as a justice of appeal may continue in office notwithstanding any subsequent variations in the qualifications so prescribed. 100. other arrangements for appeals notwithstanding anything contained in this part of this chapter, parliament may make provisionsfor implementing arrangements made between the government of the bahamas and the government or governments of any other part or parts of the commonwealth relating to the establishment of a court of appeal to be shared by the bahamas with that part or those parts of the commonwealth, and for the hearing and determination by such a court of appeal of appeals from decisions of any court in the bahamas; or for the hearing and determination of appeals from decisions of any court in the bahamas by a court established for any other part of the commonwealth. a law enacted in pursuance of paragraph 81) of this article may provide that the jurisdiction conferred on any such court as is referred to in that paragraph shall be to the exclusion, in whole or in part, of the jurisdiction of the court of appeal established by this part of this chapter; and during any period when jurisdiction is so conferred to the exclusion of the whole jurisdiction of the said court of appeal, parliament may suspend the provisions of this part establishing that court. in paragraph (1) of this article the expression "any court in the bahamas" includes the court of appeal established by this part of this chapter. 101. acting justices of court of appeal if the office of president of the court of appeal is vacant or if the president of the court of appeal is for any reason unable to perform the functions of this office, then, until a person has been appointed to that office and assumed its functions or, as the case may be, until the president of the court of appeal has resumed those functions, they shall be performed by such other person, qualified under paragraph (2) of article 99 of this constitution for appointment as a justice of appeal, as the governor-general, acting in accordance with the advice of the prime minister, may appoint for that purpose by instrument under the public sea. if the office of a justice of appeal (other than the president) is vacant, or if any such justice is appointed to act as president of the court of appeal, or is for any reason unable to perform the functions of his office, the governor-general, acting on the advice of the judicial and legal service commission, may by instrument under the public seal appoint a person qualified under paragraph (2) of article 99 of this constitution for appointed shall, period is specified, until his appointment is revoked by the governor-general acting on the advice of the judicial and legal service commission. any person appointed to act as a justice of appeal under the provisions of this article may notwithstanding that the period of this appointment has expired or his appointment has been revoked, sit as a justice for the purpose of delivering judgment or doing any other thing in relation to proceedings which were commenced before him while he was so acting. 102. tenure of office of justices of appeal subject to the provisions of paragraph (4) to (7) (inclusive) of his article, a justice of appeal shall hold office until he attains the age of sixty-eight years: provided that the governor-general, acting on the recommendations of the prime minister after consultation with the leader of the opposition, may permit a justice of appeal who attains the age of sixty-eight years to continue in office until he has attained such later age, not exceeding seventy years, as may (before the justice of appeal has attained the age of sixty-eight years) have been agreed between them. notwithstanding that he has attained the age at which he is required by or under the provisions of this article to vacate his office, a person holding the office of justice of appeal may, with the permission of the governor-general, acting in accordance with the advice of the prime minister, continue in office for such period after attaining that age as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age. nothing done by a justice of appeal shall be invalid by reason only that he has attained the age at which he is required by this article to vacate his office. a justice of appeal may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehavior, and shall not be so removed except in accordance with the provisions of paragraph (5) of this article. a justice of appeal shall be removed from office by the governor-general by instrument under the public seal if the question of the removal of that justice of appeal from office has, at the request of the governor-general made in pursuance of paragraph (6) of this article, been referred by her majesty to the judicial committee of her majesty's privy council and the judicial committee has advised her majesty that the justice of appeal ought to be removed from office for inability as aforesaid or for misbehavior. if the prime minister (in the case of the president of the court of appeal) or the president of the court of appeal or the chief justice after consultation with the prime minister (in the case of any other justice of appeal) represented to the governor-general that the question of removing a justice of appeal from office for inability as aforesaid or for misbehavior ought to be investigated, thenthe governor-general shall appoint a tribunal, which shall consist of a chairman and not less than two other members, selected by the governor-general acting in accordance with the advice of the prime minister (in the case of the president of the court of appeal) of the president of the court of appeal (in the case of any other justice of appeal) from among persons who hold or have held high judicial office; that tribunal shall inquire into the matter and report on the facts thereof to the governor-general and recommend to the governor-general whether he should request that the question of the removal of that justice of appeal should be referred by her majesty to the judicial committee; and if the tribunal so recommends, the governor-general shall request that the question should be referred accordingly. the provisions of the commission of inquiry act [fn: statute law of the bahama islands, revised edition 1965, cap. 180.] as in force immediately before the appointed day shall, subject to the provisions of this article, apply as nearly as may be in relation to tribunals appointed under paragraph (6) of his article or, as the context may inquire, to the members thereof as they apply in relation to commission or commissioners appointed under that act, and for that purpose shall have effect as if they formed part of this constitution. if the question of removing a justice of appeal from office has been referred to a tribunal appointed under paragraph (69 of this article, the governor-general acting in accordance with the advice of the prime minister (in the case of the president of thecourt of appeal) or of the president of the court of appeal after the president of the court of appeal has consulted with the prime minister (in the case of any other justice of appeal), may suspend the justice of appeal from performing the functions of his office. any such suspension may at any time be revoked by the governor-general, acting in accordance with the advice of the prime minster or the president of the court of appeal (as the case may be), and shall in any case cease to have effect ifthe tribunal recommends to the governor-general that he should not request that the question of the removal of the justice of appeal from office should be referred by her majesty to the judicial committee; or the judicial committee advises her majesty that the justice of appeal ought no to be removed from office. the provisions of this article shall be without prejudice to the provisions of paragraph (2) of article 101 of this constitution. the provisions of this article and of article 103 of this constitution shall not apply to the chief justice. 103. oaths to be taken by justices of appeal a justice of appeal shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and a judicial oath in such form as is prescribed by any law in force in the bahamas. part 3. appeals to court of appeal and her majesty in council 104. appeals relating to fundamental rights and freedoms an appeal to the court of appeal shall lie as of right from final decisions of the supreme court given in exercise of the jurisdiction conferred on the supreme court by article 28 of this constitution (which relates to the enforcement of fundamental rights and freedoms). an appeal shall lie as of right to the judicial committee of her majesty's privy council or to such other court as may be prescribed by parliament under article 105(3) of this constitution form any decisions given by the court of appeal in any such case. 105. appeals to her majesty in council in other cases parliament may provide for an appeal to lie from decisions of the court of appeal established by part 2 of this chapter to the judicial committee of her majesty's privy council or to such other court as may be prescribed by parliament under this article, either as of right or with the leave of the said court of appeal, in such cases other than those referred to in article 104(2) of this constitution as may be prescribed by parliament. nothing in this constitution shall affect any right of her majesty to grant special leave to appeal from decisions such as are referred to in paragraph (1) of this article. parliament may by law provide for the functions required in this chapter to be exercised by the judicial committee of her majesty's privy council to be exercised by any other court established for the purpose in substitution for the judicial committee. 106. interpretation of "court of appeal" references in this part to "the court of appeal" include references to a shared court of appeal established under article 100(1) of this constitution when exercising jurisdiction in respect of the bahamas. chapter viii. the public service part 1. the public service commission 107. establishment and composition of public service commission there shall be a public service commission for the bahamas which shall consist of a chairman and not less than two nor more than four other members, who shall be appointed by the governor-general, acting on the recommendation of the prime minister after consultation with the leader of the opposition, by instrument under the public seal. no person shall be qualified to be appointed as a member of the public service commission if he is a member of either house or a public officer. subject to the provisions of article 126 of this constitution the office of a member of the public service commission shall become vacantat the expiration of three years from the date of his appointment or such earlier time as may be specified in the instrument by which he was appointed; if he becomes a member of either house or a public officer. if the office of chairman of the public service commission is vacant or the holder thereof is for any reason unable to perform the function of his office then, until a person has been appointed to and has assumed the function of that office or until the person holding that office has resumed those functions, as the case may be, they shall be performed by such one of the other members of the commission as may for the time being be designated in that behalf by the governor-general, acting on the recommendation of the prime minister after consultation with the leader of the opposition. if the office of a member of the public service commission other than the chairman is vacant or the holder thereof is for any reason unable to perform the functions of his office, the governor-general, acting on the recommendation of the prime minister after consultation with the leader of the opposition, may appoint a person who is qualified for appointment as a member of the commission to act in the office of that member; and any person so appointed shall, subject to the provisions of sub-paragraph (3)(b) for this article and article 126 of this constitution, continue so to act until a person has been appointed to the office in which he is acting and has assumed the functions thereof or, as the case may be, the holder thereof resumes those functions or until his appointment so to act is revoked by the governor-general, acting as aforesaid. a former member of the public service commission shall not, within a period of five years commencing with the date on which he last held or acted in that office, be eligible for appointment to any office power to make appointments to which is vested by this constitution in the governor-general acting on the recommendation or in accordance with the advice of the public service commission. part 2. appointments etc. of public officers 108. appointments, etc. of public officers subject to the provisions of this constitution power to make appointments to public offices and to remove and to exercise disciplinary control over persons holding or acting in such offices is hereby vested in the governor-general, acting in accordance with the advice of the public service commission. 109. appointments of permanent secretaries and certain other public officers notwithstanding anything contained in the preceding article of this chapterpower to make appointments to the office of permanent secretary or head of a department of government (or to be the holder of any such other office of similar status as the governor-general may, acting in accordance with the advice of the prime minister specify by notice in the gazette) is hereby vested in the governor-general acting on the recommendation f the public service commission after the commission has consulted the prime minister; power to make appointments to the office of permanent secretary on transfer from another such office carrying the same salary is hereby vested in the governor-general acting on the advice of the prime minister. in this article "permanent secretary" includes the secretary of the cabinet and the financial secretary. 110. delegation of governor general's powers the governor-general acting in accordance with the advice of the public service commission, may by directions given by instrument under the public seal delegate, to such extent and subject to such conditions as may be specified in those directions, the powers vested in him by article 108 of this constitution (other than powers to make appointments to the office referred to in article 109 of this constitution and to remove or exercise disciplinary control over persons holding or acting in such offices) to such public officers as may be so specified. 111. appointments, etc. of principal representatives of the bahamas abroad power to appoint persons to hold or act in the offices to which this article applies (including power to make appointments on promotion and transfer and to confirm appointments) and to remove persons so appointed from any such office shall vest in the governor-general, acting in accordance with the advice of the prime minister. before tendering any advice for the purposes of this article in relation to any person who holds or acts in any public office other than an office to which this article applies, the prime minister shall consult the service commission which is responsible for advising in respect of appointments to the office which the person concerned holds or in which he is acting. the office to which this article applies are the offices of ambassador, high commissioner or any other principal representative of the bahamas in any of the country or accredited to any international organization. 112. appointments on transfer in respect of certain offices power to make appointments on transfer to the offices to which this article applies shall vest in the prime minister. the offices to which this article apples areoffices, the holders of which are required to reside outside the bahamas for the proper discharge of their functions; such offices in the ministry responsible for the conduct of the external affairs of the bahamas as may, from time to time, be designated by the prime minister. 113. appointment of secretary to the cabinet there shall be a secretary to the cabinet whose office shall be a public office. power to appoint any person to the office of secretary to the cabinet and to remove such person from that office shall vest in the governor-general acting in accordance with the advice of the prime minister. before tendering advice for the purposes of this article, the prime minister shall consult the public service commission. the secretary to the cabinet shall have charge of the cabinet office and shall be responsible, in accordance with such instructions as may be given to him by the prime minister, for the supervision of any department of the government for which the prime minister has responsibility. part 3. the public service board of appeal 114. public service board of appeal there shall be a public service board of appeal for the bahamas which shall consist of the following members, who shall be appointed by instrument under the public sealone member appointed by the governor-general acting in accordance with the advice of the chief justice from among persons who hold or have held high judicial office or are qualified to hold high judicial office, who shall be chairman; one member appointed by the governor-general acting in accordance with the advice of the prime minister; and one member appointed by the governor-general acting in accordance with the advice of the appropriate representative body. a person shall not be qualified for appointment as a member of the board if he is a member of either house. subject to the provisions of this article and of article 126 of this constitution, the office of a member of the board shall become vacantat the expiration of three years from the date of his appointment; if he becomes a member of either house. if at any time any member of the board is for any reason unable to exercise the functions of his office, the governor-general may appoint a person who is qualified to be appointed as a member of the board to act as a member, and any person so appointed shall, subject to the provisions of sub-paragraph (3)(b) of this article and article 126 of this constitution, continue to act until the office in which he is acting has been filled to, as the case may be, until the holder thereof has resumed his functions or until his appointment to act has been revoked by the governor-general. the board shall, in the exercise of its functions under this constitution, not be subject to the direction or control of any other person or authority. in this article "the appropriate representative body" means such body representing the interests of public officers as the governor-general may, by order, designate. 115. appeals in discipline cases subject to the provisions of this article, an appeal shall lie to the public service board of appeal at the instance of the officer in respect of whom the decision is made from any decision of the governor-general, acting in accordance with the advice of the public service commission, that any public officer shall be removed from office or that any penalty should be imposed on him by way of disciplinary control. upon an appeal under paragraph 81) of this article the board may affirm or set aside the decision appealed from or may make any other decision which the authority or person from whom the appeal lies could have made. every decision of the board shall require the concurrence of a majority of all its members. subject to the provisions of paragraph (3) of this article, the board may be regulations make provision forthe procedure of the board; the procedure in appeals under this article; exceeding from the provisions of paragraph (1) of this article decisions in respect of public officers holding offices whose emoluments do not exceed such sum as may be prescribed or such decisions to exercise disciplinary control, other than decisions to remove from office, as may be prescribed. regulations made under this article may, with the consent of the prime minister, confer powers or impose duties on any public officer or any authority of the government of the bahamas for the purpose of the exercise of the functions of the board. the board may, subject to the provisions of this article and to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member. part 4. the judicial and legal service commission 116. establishment and composition of the judicial and legal service commission there shall be a judicial and legal service commission for the bahamas. the members of the judicial and legal service commission shall bethe chief justice, who shall be chairmen; such other justice of the supreme court or justice of appeal as may be designated by the governor-general, acting on the recommendation of the chief justice, by instrument under the public seal; the chairman of the public service commission; and two persons appointed by the governor-general by instrument under the public seal, acting on the recommendation of the prime minister after consultation with the leader of the opposition. subject to the provisions of article 126 of this constitution, the office of a member of the judicial and legal service commission referred to in sub-paragraph (2)(d) of this article shall become vacantat the expiration of three years form the date of his appointment or such earlier time as may be specified in the instrument by which he was appointed; if he becomes a member of either house. a person shall not be qualified to be appointed as a member of the commission under subparagraph (2) (b) of this article unless he holds or is qualified to hold or has held high judicial office; and a person shall be disqualified for appointment as such if he is a member of either house. if the office of chairman of the judicial and legal service commission is vacant or the holder thereof is for any reason unable to perform the functions of his office, then until a person has been appointed to and has assumed the faction of that office or until the person holding that office has resumed those functions, as the case may be, they shall be performed by such one of the other members of the commission as may for the time being be designated in that behalf by the governor-general, acting on the recommendation of the chief justice, or, if the is for any reason incapacitated from making a recommendation, of the other justice of the supreme court or justice of appeal who is a member of the commission. if at any time one of the members of the commission referred to in sub-paragraphs (2)(b), (c) or (d) of this article is for any reason unable to exercise the function of his office, the governor-general, in the case of the chairman of the public service commission, may appoint another member of the public service commission to act as a member, and in the case of a member referred to in sub-paragraphs (2)(b) or (d) of this article may, acting on the same recommendation as for the appointment of that members, appoint a person who is qualified to be appointed as a member of the commission to act as a member. any person so appointed shall, subject to the provisions of sub-paragraph (3)(b) of this article and article 126 of this constitution, as the case may be, until the holder thereof has resumed his functions or until his appointment to act has been revoked by the governor-general, acting as aforesaid. 117. appointments, etc. of judicial an legal officers subject to the provisions of this constitution, power to make appointments to public offices to which this article applies and to remove and to exercise disciplinary control over persons holding or acting in such officer is hereby vested in the governor-general acting in accordance with the advice of the judicial and legal service commission. this article applies to such public offices for appointment to which persons are required to posses legal qualifications as may be prescribed by parliament. part 5. the police service commission 118. establishment and composition of the police service commission there shall be a police service commission for the bahamas which shall consist of chairman and two other members appointed by the governor-general acting on the recommendation of the prime minister after consultation with the leader of the opposition, by instrument under the public seal. no person shall be qualified to be appointed as a member of the police service commission if he is a member of either house or a public officer. subject to the provisions of article 126 of this constitution, the office of a member of the police service commission shall become vacantat the expiration of three years from the date of his appointment or at such earlier time as may be specified in the instrument by which he was appointed; if he becomes a member of either house or a public officer. if the office of chairman of the police service commission is vacant or the holder thereof is for any reason unable to perform the function of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be performed by such one of the other members of the commission as may for the time being be designated in that behalf by the governor-general, acting on the recommendation of the prime minister after consultation with the leader of the opposition. if the office of a member of the police service commission other than the chairman is vacant or the holder thereof is for any reason unable to perform the functions thereof, the governor-general, acting on the recommendation of the prime minister after consultation with the leader of the opposition, may appoint a person who is qualified for appointments as a member of the commission to act in the office of that member; and any person so appointed shall, subject to the provisions of sub-paragraph (3)(b) of this article and article 126 of this constitution, continue so to act until a person has been appointed to the office in which he is acting and has assumed the functions thereof or, as the case may be, the holder thereof resumes those functions or until his appointment so to act is revoked by the governor-general, acting as aforesaid. 119. appointment of commissioner of police and other officers of the police force power to make appointments to the office of commissioner of police and deputy commissioner of police shall be vested in the governor-general acting on the recommendation of the prime minister after consultation with the leader of the opposition. save as provided under paragraph (1) of this article power to make appointments to offices in the police force of or above the rank of assistant commissioner of police is vested in the governor-general acting on the recommendation of the prime minister after consultation with the police service commission. save as provided in the preceding paragraphs of this article, power to make appointments to offices in the police force of or above the rank of inspector is vested in the governor-general, acting on the advice of the police service commission. there shall be in the police force such number of police promotion boards, each consisting of officers in the police force above the rank of inspector, as may be prescribed by regulations made under this paragraph. power to make appointments to offices in the police force below the rank of inspector shall be vested in the commissioner of police acting after consultation with a police promotion board. power to make posting and appointments on transfer within the police force of officers in that force shall be vested in the commissioner of police. 120. removal of the commissioner and deputy commissioner of police the commissioner of police and deputy commissioner of police may be removed from office by the governor-general but shall not be removed except in accordance with the provisions of paragraph (2) of this article. the commissioner of police or deputy commissioner of police shall be removed from office by the governor-general if the question of his removal from office has been referred to a tribunal appointed under paragraph (3) of this article and the tribunal has recommended to the governor-general that he ought to be removed from office. if the prime minister represented to the governor-general that the question of removing the commissioner of police or deputy commissioner or police from office ought to be investigated, thenthe governor-general acting in accordance with the advice of the prime minister shall suspend the commissioner of police or deputy commissioner of police from performing the functions of his office, as the case may be; the governor-general shall appoint a tribunal, which shall consist of a chairman and not less than two other members, selected by the governor-general, acting in accordance with the advice of the judicial and legal service commission, from among persons who hold or have held or are eligible to hold high judicial office; and the tribunal shall inquire into the matter and report on the facts thereof to the governor-general whether the commissioner of police or deputy commissioner of police ought to be removed from office. if the question of removing the commissioner of police or deputy commissioner of police from office has been referred to a tribunal under paragraph (3) of this article, the governor-general shall revoke any such suspension if the tribunal recommends to the governor-general that the commissioner of police or deputy commissioner of police should not be removed from office. 121. removal and discipline of members of the force save as provided under article 120 of this constitution, power to remove and to exercise disciplinary control over persons holding or acting in the office of or above the rank of assistant commissioner in the police force is vested in the governor-general acting in accordance with the advice of the police service commission after consultation with the prime minister. save as provided in article 120 of this constitution and paragraphs (1) and (3) of this article, power to remove and exercise disciplinary control over persons holding or acting in office in the police force is vested in the governor-general acting in accordance with the advice of the police service commission. the following powers are vested in the commissioner of policein respect of officer of or above the rank of assistant superintended, the power to administer reprimands; in respect of inspector, the power to exercise disciplinary control other than removal or reduction in rank; and in respect of officers below the rank of inspector, the power to exercise disciplinary control including the power of removal. the commissioner of police may, by directions in writing, and subject to such conditions as he thinks fit, delegate to any officers of the police force of or above the rank of inspector any of his powers under sub-paragraph (3)(c) of this article other than the power of removal; but an appeal from any award of punishment by such officer shall lie to the commissioner. parliament may by law provide that an appeal shall lie to the governor-general from a decision of the commissioner of police to remove or exercise disciplinary control over persons holding or acting in offices in the police force in such cases as may be prescribed by such law, and in determining any such appeal the governor-general shall act in accordance with the advice of the police service commission. part 6. pensions 122. protection of pension rights subject to the provisions of articles 123 and 124 of this constitution, the law applicable to the grant and payment to any officer, or to his widow, children, dependents or personal representatives, of any pensions, compensation, gratuity or other like allowance (in this an "award") in respect of the service of that officer in a public office shall be that in force on the relevant date or any later law tat is not less favorable to that person. in paragraph (1) of this article "the relevant date" meansin relation to an award granted before 10th july 1973, the date on which the award was granted; in relation to an award granted or to be granted on or after 10th july 1973 to or in respect of any person who was a public officer before that date 9th july 1973; in relation to an award granted or to be granted to or in respect of any person who becomes a public officer on or after 10th july 1973, the date on which he becomes a public officer. where a person is entitled to exercise an option as to which of two or more laws shall apply in his case, the law specified by him in exercising the option shall, for the purposes of this article, be deemed to be more favorable to him than the other law or laws. awards granted under any law in respect of service in a public office (not being awards that are a charge upon some other public fund of the bahamas) are hereby charged on the consolidated fund. for the purposes of this article and of articles 123 and 124 of this constitution, service as a justice of the supreme court or justice of appeal shall be deemed to be service in the public service. 123. grant and withholding of pensions, etc the power to grant any award under any pensions law for the time being in force in the bahamas (other than an award to which, under that law, the person to whom it is payable is entitled as of right) and, in accordance with any provisions in that behalf contained in any such law, to withhold, reduce in amount or suspend any award payable under any such law is hereby vested in the governor-general. the power vested in the governor-general by paragraph (1) of this article shall be exercised by him on the recommendation of the appropriate service commission. the appropriate service commission shall not recommend to the governor-general that any award for which a person who holds or has held the office of a justice of the supreme court or justice of appeal or auditor-general is eligible shall not be granted, or that any award payable to him shall be withheld, reduced in amount or suspended, on the ground that he has been guilty of misbehavior unless he has been removed from office by reason of such misbehavior. in this article and in article 124 of this constitution "the appropriate service commission" meansin the case of an award that may be granted or is payable to a person who, having been a public officer, was immediately before the date on which he ceased to hold public office servingas a justice of the supreme court or justice of appeal; in any public office to which the provision of article 117 of this constitution applied on that date, the judicial and legal service commission; in the case of an award that may be granted or is payable to a person who, having been a public officer, was immediately before the date on which he ceased to hold public office, serving as a the date on which he ceased to hold public office, serving as a member of the police force, the police service commission; in any other case the public service commission. in this article "pension law" means nay law relating to the grant to any person or to the widow, children, dependents or personal representatives of that person, of an award of any pension, compensation, gratuity or other like allowance in respect of the service of that person in a public office an includes any instrument make under any such law. 124. appeals in respect of certain decisions affecting pensions benefits the provisions of this article shall have effect for the purpose of enabling an officer or his personal representatives to appeal against any of the following decisions, that is to say:a decision of the appropriate service commission embodying a recommendation in respect of an officer, under article 123(2) of this constitution, not to grant or to withhold, reduce in amount or suspend, and award; a decision of any authority to remove an office from office if the consequence of the removal is that an award cannot be granted in respect of the officer's service in a public office; or a decision of any authority to take some other disciplinary action in relation to such an office if the consequence of the action is or in the opinion of the authority might be, to reduce the amount of any award that may be grated in respect of the officer's service in a public office. where any such decision as is referred to in paragraph (1) of this article is taken by any commission or authority, the commission or authority shall cause to be delivered to the officer concerned, or to his personal representatives, a written notice of that decision stating the time, not being less than twenty-eight days from the date on which the notice is delivered, within which he, or his personal representatives, may apply to the commission or authority for the case to be referred to the public service board of appeal. the board shall inquire into the facts of the case, and for that purposeshall, if the applicant so requests in writing, hear the applicant either in person or by a legal representative of his choice, according to the terms of the request, and shall consider any representations that he wishes to make in writing; may hear any other person who, in the opinion of the board, is able to give the board information on the case; and shall have access to, and shall consider, all documents that were available to the commission or authority concerned and shall also consider any further document relating to the case that may be produced by or on behalf of the applicant or the commission or authority. when the board has completed its consideration of the case, thenif the decision that is the subject of reference to the board is such a decision as is mentioned in sub-paragraph (1)(a) of this article, the board shall advise the appropriate service commission or authority whether the decision should be affirmed, reversed or modified and the commissioner authority shall act in accordance with that advice; and if the decision that is the subject of the reference to the board is such a decision as is referred to in sub-paragraph (1)(b) of (c) of this article, the board shall not have power to advise the commission or authority concerned to affirm, reverse or modify the decision butwhere the officer has been removed from office the board may direct that there shall be granted all or any part of the award that, under any law, might have been granted in respect of his service in a public office if he had retired voluntarily at the date of his removal and may direct that any law with respect to awards shall in any other respect that the board may specify have effect as if he had so retired, and where some other disciplinary action has been taken in relation to the office the board may direct that, on the grant of any award under any law in respect of the officer's service in a public office, that award shall be increased by such amount or shall be calculated in such manner as the board may specify in order to offset all or any part of the reduction in the amount of that award that, in the opinion of the board, would or might otherwise be a consequence of the provisions of any other law. if the appeal relates to a case in which the officer exercises his right of appeal to the board under article 115(1) of this constitution, the board shall first consider his appeal under that article and only if it decides to affirm the decision or to make some other decision the consequence of which would be to affect the officer's award, shall the board proceed to consider the officer's appeal under this article. for the purposes of this article"legal representative" means a person entitled to practice in the bahamas as a counsel and attorney of the supreme court; and a notice shall be deemed to have been delivered to an office one week after it has been posted if, in the case of an officer on pension and resident outside the bahamas whose residential address cannot be ascertained, it has been posted addressed to him at the address to which his pension is being paid. part 7. miscellaneous 125. procedure of commissions in relation to any commission established by this chapter the governor-general, acting in accordance with the advice of the commission, may by regulation or otherwise regulate its procedure and, subject to the consent of the prime minister, confer powers and impose duties on any public officer or any authority of the government for the purpose of the discharge of the functions of the commission. at any meeting of any commission established by this chapter a quorum shall be constituted if a majority of the members are present; and, if a quorum is present, the commission shall not be disqualified for the transaction of business by reason of any vacancy among its members or the absence of any member, and any proceedings of the commission shall be valid notwithstanding that some person who was not entitled so to do took part therein. any question proposed for decision at any meeting of any commission established by this chapter shall be determined by a majority of the votes of the members thereof present and voting, and if on any such question the votes are equally divided the member presiding shall have and exercise a casting vote. any question whetherany commission established by this chapter has validly performed any functions vested in it or under this chapter; any person has validly performed any functions delegated to him; or any member of such a commission or any other person or authority has validly performed any other function in relation to the work of the commission, shall not be inquired into in any court. 126. removal from office of certain persons a member of a commission established under this chapter may be removed from office only for inability to exercise the function of his office (whether arising from infirmity of body or mind or any other cause) or for misbehavior and shall not be so removed except in accordance with the provisions of this article. a member of a commission shall be removed from office by the governor-general if the question of his removal from office has been referred to a tribunal appointed under paragraph (3) of this article and the tribunal has recommended to the governor-general that he ought to be removed from office for inability as aforesaid or for misbehavior. if the governor-general, acting in accordance with the advice of the prescribed authority, considers that the question of removing a member of a commission under this article ought to be investigated, thenthe governor-general, acting in accordance with the advice of the prescribed authority shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the chief justice, or where the question concerns the chairman of the judicial and legal service commission by the president of the court of appeal, from among persons who hold or have held or are qualified to hold office as a justice of the supreme court; and the tribunal shall inquire into the matter and report on the facts thereof the governor-general and recommend to him whether the member ought to be removed under this article. if the question of removing a member of a commission has been referred to a tribunal under this article, the governor-general, acting in accordance with the advice of the prescribed authority, may suspend that member from the exercise of the functions of his office and any such suspension may be at any time revoked by the governor-general, and shall in any case cease to have effect if the tribunal recommends to the governor-general that member should not be removed. in this article"commission" includes the public service board of appeal; "the prescribed authority" meansin relation to the public service commission or the judicial and legal service commission, the prime minister when the question concerns the chairman of either of those commissions, and the chairman of the commission concerned when the question concerns any other member of either of those commissions; and in relation to the public service board of appeal or the police service commission, the prime minister. 127. public service in this constitution references to the public service shall not be construed as including service inthe office of governor-general, prime minister or other minister, parliamentary secretary, leader of the opposition, president and vice-president of the senate, senator, speaker and deputy speaker of the house of assembly, or member of the house of assembly; the office of a member of the public service commission, the public service board of appeal, the judicial and legal service commission or the police service commission; the staff of the department of tourism or of any other department or agency of the government established for special purposes by any law which specifies that offices therein shall not be public offices for the purposes of this constitution; the office of a member of any board, committee or other similar body (whether incorporated or not) established by any law in force in the bahamas; or except as otherwise provided in this constitution the office of a justice of the supreme court, a justice of appeal or any office on the personal staff of the governor-general. chapter ix. finance 128. consolidated fund there shall be in and for the bahamas a consolidated fund, into which, subject to the provision of any law for the time being in force in the bahamas, shall be paid all revenues of the bahamas. 129. estimates the minister of finance shall, before the end of each financial year, cause to be prepared annual estimates of revenue and expenditure for public services during the succeeding financial year, which shall be laid before the house of assembly. the estimates of expenditure shall show separately the sums required to meet statutory expenditure (as defined in article 130(7) of this constitution) and the sums required to meet other expenditure proposed to be paid out of the consolidated fund. 130. authority for public expenditure the minister of finance shall, in respect of each financial year, at the earliest convenient moment before the commencement of that financial year, introduce in the house of assembly an appropriation bill containing, under appropriate heads for the several services required, the estimated aggregated sums which are proposed to be expended (otherwise than by way of statutory expenditure) during that financial year. subject to paragraphs (4) and (6) of this article, the sums set out in the appropriation act in respect of a financial year shall represent the limit and extent of the public expenditure for that financial year. where any sum is set out in the appropriation act in respect of a financial year and at the end of that year there is an unexpended balance of that sum, the unexpended balance shall lapse. the minister of finance may, in case of necessity, from time to time cause to be prepared supplementary estimates of expenditure which shall be laid before and voted on by the house of assembly. in respect of all supplementary expenditure voted on by the house of assembly in pursuance of paragraph (4) of this article, the minister of finance may, at any time before the end of the financial year, introduce into the house of assembly a supplementary appropriation bill containing, under appropriate heads, the aggregate sums so voted and shall, as soon as possible after the end of each financial year, introduce into the house of assembly a final appropriation bill containing any such sums which have not yet been included in any appropriation bill. that part of any estimate of expenditure laid before the house of assembly which shows statutory expenditure shall not be voted on by the house, and such expenditure shall, without further authority of parliament, be paid out of the consolidated fund. for the purposes of this article and article 129 of this constitution"financial year" means any period of twelve months beginning of 1st january in any year or such other date as parliament may prescribe; and "statutory expenditure" means expenditure charged on the consolidated fund or on the general revenues and assents of the bahamas by any provisions of this constitution or of any other law for the time being in force in the bahamas. 131. withdrawal of money from the consolidated fund no sum shall be paid out of the consolidated fund except upon the authority of a warrant under the hand of the minister of finance or under the hand of some person authorized by him in writing; and sums so issued shall be disposed of for meeting public expenditure authorized under article 130 of this constitution or, in the case of statutory expenditure, for the purposed appointed by law. 132. withdrawal of money in advance of appropriation act where at any time for any justifiable reason, the appropriation bill in respect of any financial year has not come into operation by the beginning of that financial year, the minister of finance may, to such an extent and subject to such conditions as may be prescribed, or if no conditions have been prescribed on a resolution to that effect passed by the house of assembly, issue a warrant for the payment out of the consolidated fund or other public funds of the bahamas of such sums as he may consider necessary for the continuance of the public service, but a statement of the sums so authorized shall, as soon as practicable, be laid before and voted on by the house of assembly and the aggregate sums so voted shall be included, under the appropriate heads, in the next appropriation bill immediately following. 133. contingencies fund parliament may by law provide for the establishment of a contingencies fund and may authorize the minister of finance to make advances from that fund if he is satisfied that there is an unforeseen need for expenditure for which no provision or no sufficient provisions has been made by an appropriation act. where any advances are made by virtue of an authorization conferred under paragraph (1) of this article, a supplementary estimate of the sums required to replace the amount so advanced shall, as soon as practicable, be laid before and voted on by the house of assembly and the sums so voted shall be included in a supplementary appropriation bill or a final appropriation bill. 134. public debt the public debt of the bahamas, including the interest on the debt, sinking fund payments and redemption monies in respect of that debt and the costs, charges and expenses incidental to the management of that debt, is hereby charged on the consolidated fund. 135. remuneration of governor general and certain other officers there shall be paid to the holders of the offices to which this article applies such salaries and allowances as may be prescribed by or under any law. the salaries payable to the holders of the offices to which this article applies are hereby charged on the consolidated fund. the salary and allowance payable to the holder of any office to which this article applies and his other terms of service shall not be altered to his disadvantage after his appointment, and, for the purposes of this paragraph, in so far as the terms of service of any person depend upon the option of that person, the terms for which he opts shall be taken to be more advantageous to him than any other terms for which he might have opted. this article apples to the office of governor-general, justice of the supreme court, justice of appeal, auditor-general and member of any commission established by chapter viii of this constitution or of the public service board of appeal. 136. establishment of office and functions of auditor general there shall be an auditor-general whose office shall be a public office. the auditor-general shall be appointed by the governor-general, by instrument under the public seal, acting on the recommendation of the public service commission made after the commission has consulted the prime minister. the accounts of the supreme court, the senate, the house of assembly, all departments and offices of the government (but excluding the department of the auditor-general), the public service commission, the judicial and legal service commission, the police service commission and all magistrates' courts shall, at least once in every year, be audited and reported on by the auditor-general who, with his subordinate staff, shall at all times be entitled to have access to all books, records, returns and reports relating to such accounts. the auditor-general shall submit his reports made under paragraph (3) of this article without undue delay to the speaker (or, if the office of speaker is vacant or the speaker is for any reason unable to perform the functions of his office, to the deputy speaker) who shall cause them to be laid before the house of assembly without undue delay. in the exercise of this functions under the provisions of paragraphs (3) and(4) of this article, the auditor-general shall not be subject to the direction or control of any other person or authority. the accounts of the department of the auditor-general shall be audited and reported on by the minister of finance and the provisions of paragraphs (3) and (4) of this article shall apply in relation to the exercise by that minister of those function as they apply in relation to audits and reports made by the auditor-general. nothing in this article shall prevent the performance by the auditor-general ofsuch other functions in relation to the accounts of the government and that accounts of other public authorities and other bodies administering public funds in the bahamas as may be prescribed by or under any law for the time being in force in the bahamas; or such other functions in relation to the supervision and control of expenditure form public funds in the bahamas as may be so prescribed. the auditor-general may be removed from office only for inability to discharge the functions thereof (whether arising form infirmity of mind or body or any other cause) or for misbehavior, and shall not be so removed except in accordance with the provisions of paragraph (9) of this article. the auditor-general shall be removed from office by the governor-general if the question of his removal from office has been referred to a tribunal appointed under paragraph (10) of this article and the tribunal has recommended to the governor-general that he ought to be removed from office for inability as aforesaid or for misbehavior. if the prime minister represents to the governor-general that the question of removing the auditor-general form office for inability as aforesaid or for misbehavior ought to be investigated, thenthe governor-general shall appoint a tribunal, which shall consist of a chairman and not less than two other members, selected by the governor-general, acting in accordance with the advice of the judicial and legal service commission, from among persons who hold or have held or are eligible to hold high judicial office; and the tribunal shall inquire into the matter and report on the facts thereof to the governor-general and recommend to the governor-general whether the auditor-general ought to be removed from office for inability as aforesaid or for misbehavior. if the question of removing the auditor-general form office has been referred to a tribunal under paragraph (9) of this article, the governor-general, acting in accordance with the advice of the public service commission, may suspend the auditor-general from performing the functions of this office and any such suspension may at any time be revoked by the governor-general, and shall in any case cease to have effect if the tribunal recommends to the governor-general that the auditor-general should not be removed from office. chapter x. interpretation 137. interpretation in this constitution, unless it is otherwise provided or required by the context"act" or "act of parliament" means any law made by parliament; "the bahamas" means the commonwealth of the bahamas; "the commonwealth" means, save as otherwise prescribed, the bahamas, the united kingdom, canada, australia, new zealand, india, sri lanka, ghana, malaysia, nigeria, cyprus, sierra leone, malta, zambia, the gambia, singapore, guyana, lesotho, botswana, barbados, mauritius, swaziland, tonga, fiji, western samoa, nauru, bangladesh and any dependency of any such country; "election" means an election of a member or members of the house of assembly; "the gazette" means the official gazette of the bahamas; "house" means either the senate or the house of assembly or both, as the context may require; "high judicial office" means the office of judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from any such court; "law" includes any instrument having the force of law and any unwritten rule of law, and "lawful" and "lawfully" shall be construed accordingly; "minister" includes a temporary minister appointed under article 76 of this constitution, except in relation to articles 72, 73, 76 and 86 of this constitution; "minister of finance" means the minister, by whatever title styled, responsible for government finance; "oath" includes affirmation; "parliament" means the parliament of the bahamas; "the police force" means the police force established in and for the bahamas and maintained under the provisions of the police act 1965 [fn: statute law of the bahama islands, no. 29 of 1965.] or any law amending or replacing that act; "prescribed" means provided by or under and act of parliament; "public office" means, subject tot he provisions of paragraph (6) of this article and article 127 of this constitution, any office of emolument in the public service; "public officer" means the holder of any public office and includes any person appointed to act in any such office; "the public service" means, subject to the provisions of article 127 of this constitution, the service of the crown in a civil capacity in respect of the government of the bahamas; "session" means, in relation to a house, the sitting of that house commencing when it first meets after this constitution comes into operation or after any general election or prorogation of parliament and terminating when parliament is prorogue or is dissolves without having been prorogue; "sitting" means, in relation to a house, a period during which that house is sitting continuously without adjournment and includes any period during which the house is in committee. for the purposes of this constitution the territory of the bahamas shall comprise all the areas that were comprised therein immediately before 10th july 1973 together with such other areas as parliament may declare to form part thereof. for the purposes of articles 42, 43, 48 and 49 of this constitution"government contract" means, subject to such exception as parliament may prescribe, any contract made with the government of the bahamas or with a department of that government or with and officer of that government contracting as such; and a person shall be deemed to be interested in a government contract ifsubject to such exceptions as parliament may prescribe, he is a party to such a contract or a partner in a firm or director or manager of a company which is a party to such a contract; or he is otherwise interested in such a contract in such manner as parliament may prescribe. in this constitution, unless it is otherwise provided or required by the contextany reference to the date on which this constitution comes into operation shall be construed as a reference to the appointed day referred to in section 1(2) of the order in council to which this constitution is scheduled; any reference to a law (which term shall, without prejudice to the definition in paragraph (1) of this article, include an act) shall be construed as including a reference to a law made at any time before this constitution comes into operation; any reference to power to make appointments to any office shall be construed as including a reference to power to make appointments on promotion and transfer to that office and to power to appoint a person to act in that office during any period during which it is vacant or the holder thereof is unable (whether by reason of absence or of infirmity of body or mind or any other cause) to perform the functions of that office; any reference to the holder of an office by a term designating or describing his office shall be construed as including a reference to any person for the time being acting in that office or, tot he extent of his authority, otherwise authorized to perform the functions of that office. where by this constitution any person is directed, or power is conferred on any person or authority to appoint a person, to act in or otherwise to perform the functions of an office if the holder thereof is unable to perform the functions of that office, the validity of any performance of those functions by the person so directed or of any appointment in exercise of that power shall not be called in question in any court on the ground that the holder of the office is not unable to perform the functions of the office. for the purpose of this constitution, a person shall not be considered to hold a public office by reason only that he is in receipt of a pension or other like allowance in respect of public service. references in this constitution to the power to remove a public officer from his office shall, subject to the provisions of this constitution, be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service. save as otherwise provided in this constitution, any provisions of this constitution that vests in any person or authority power to remove any public officer (other than a public officer mentioned in paragraph(9) of this article) form his office shall be without prejudice to the power of any person or authority to abolish any office of to any law providing for the compulsory retirement of public officers generally or any class of public officer on attaining an age specified therein. if any circumstances arise that, under the provisions of this constitution, require the governor to remove a justice of the supreme court or a justice of appeal or the commissioner of police, the deputy commissioner of police or the auditor-general from office for inability to discharge the functions of his office, such removal may be carried out either by dismissing that officer or by requiring him to retire. where any power is conferred by this constitution to make any proclamation, order, rules or regulations or to give any direction, the power shall be construed as including a power exercisable in like manner to amend or revoke any such proclamation, order, rules, regulation or direction. any person appointed to an office under any provisions in this constitution may resign that office. except as otherwise provided in this constitution such resignation shall be made in writing to the person in whom under this constitution the power is vested to make appointments to the office concerned. where two or more persons are holding the same office by reason of an appointment made in pursuance of paragraph (4) of this article, thenfor the purposes of any function conferred upon the holder on that office; and for the purposes of any reference in this constitution to the absence, illness or inability to perform the functions of his office of the holder of that office, the person last appointed to the office shall be deemed to be the sole holder of the office. the interpretation act of the bahamas [fn: statue law of the bahama islands, revised edition 1965, c. 180.] and all amendments thereto as in force on 10th july 1973 shall apply, with the necessary adaptations, for the purpose of interpreting this constitution and otherwise in relation thereto as it applies for the purpose of interpreting and in relation to acts of parliament of the bahamas. preamble arab civilization, which is part of human heritage, has faced through its long history great challenges aimed at breaking its will and subjecting it to colonial domination, but it has always rose through its own creative abilities to exercise its role in building human civilization. the syrian arab republic is proud of its arab identity and the fact that its people are an integral part of the arab nation. the syrian arab republic embodies this belonging in its national and pan-arab project and the work to support arab cooperation in order to promote integration and achieve the unity of the arab nation. the syrian arab republic considers international peace and security a key objective and a strategic choice, and it works on achieving both of them under the international law and the values of right and justice. the syrian arab role has increased on the regional and international levels over the past decades, which has led to achieving human and national aspirations and achievements in all fields and domains. syria has occupied an important political position as it is the beating heart of arabism, the forefront of confrontation with the zionist enemy and the bedrock of resistance against colonial hegemony on the arab world and its capabilities and wealth. the long struggle and sacrifices of our people for the sake of its independence, progress and national unity has paved the way for building the strong state and promoting cohesion between the people and their syrian arab army which is the main guarantor and protector of the homeland’s sovereignty, security, stability and territorial integrity; thus, forming the solid foundation of the people’s struggle for liberating all occupied territories. the syrian society with all its components and constituents and through its popular, political and civil institutions and organizations, has managed to accomplish achievements that demonstrated the depth of civilizational accumulation represented by the syrian society, its unwavering will and its ability to keep pace with the changes and to create the appropriate environment to maintain its human role as a historical and effective power in the march of human civilization. since the beginning of the 21st century, syria, both as people and institutions had faced the challenge of development and modernization during tough regional and international circumstances which targeted its national sovereignty. this has formed the incentive to accomplish this constitution as the basis for strengthening the rule of law. the completion of this constitution is the culmination of the people’s struggle on the road to freedom and democracy. it is a real embodiment of achievements, a response to shifts and changes, an evidence of organizing the march of the state towards the future, a regulator of the movement of its institutions and a source of legislation. all of this is attainable through a system of fundamental principles that enshrines independence, sovereignty and the rule of the people based on election, political and party pluralism and the protection of national unity, cultural diversity, public freedoms, human rights, social justice, equality, equal opportunities, citizenship and the rule of law, where the society and the citizen are the objective and purpose for which every national effort is dedicated. preserving the dignity of the society and the citizen is an indicator of the civilization of the country and the prestige of the state. title i. basic principles chapter i. political principles article 1 the syrian arab republic is a democratic state with full sovereignty, indivisible, and may not waive any part of its territory, and is part of the arab homeland; the people of syria are part of the arab nation. article 2 the system of governance in the state shall be a republican system; sovereignty is an attribute of the people; and no individual or group may claim sovereignty. sovereignty shall be based on the principle of the rule of the people by the people and for the people; the people shall exercise their sovereignty within the aspects and limits prescribed in the constitution. article 3 the religion of the president of the republic is islam; islamic jurisprudence shall be a major source of legislation; the state shall respect all religions, and ensure the freedom to perform all the rituals that do not prejudice public order; the personal status of religious communities shall be protected and respected. article 4 the official language of the state is arabic. article 5 the capital of the state is damascus. article 6 the flag of the syrian arab republic consists of three colors: red, white and black, in addition to two stars, each with five heads of green color. the flag is rectangular in shape; its width equals two thirds of its length and consists of three rectangles evenly spaced along the flag, the highest in red, the middle in white and lowest in black, and the two stars are in the middle of the white rectangle; the law identifies the state’s emblem, its national anthem and the respective provisions. article 7 the constitutional oath shall be as follows: “i swear by the almighty god to respect the country’s constitution, laws and republican system, to look after the interests and freedoms of the people, to safeguard the homeland’s sovereignty, independence, freedom and to defend its territorial integrity and to act in order to achieve social justice and the unity of the arab nation”. article 8 the political system of the state shall be based on the principle of political pluralism, and exercising power democratically through the ballot box; licensed political parties and constituencies shall contribute to the national political life, and shall respect the principles of national sovereignty and democracy; the law shall regulate the provisions and procedures related to the formation of political parties; carrying out any political activity or forming any political parties or groupings on the basis of religious, sectarian, tribal, regional, class-based, professional, or on discrimination based on gender, origin, race or color may not be undertaken; public office or public money may not be exploited for a political, electoral or party interest. article 9 as a national heritage that promotes national unity in the framework of territorial integrity of the syrian arab republic, the constitution shall guarantee the protection of cultural diversity of the syrian society with all its components and the multiplicity of its tributaries. article 10 public organizations, professional unions and associations shall be bodies that group citizens in order to develop society and attain the interests of its members. the state shall guarantee the independence of these bodies and the right to exercise public control and participation in various sectors and councils defined in laws; in areas which achieve their objectives, and in accordance with the terms and conditions prescribed by law. article 11 the army and the armed forces shall be a national institution responsible for defending the security of the homeland and its territorial integrity. this institution shall be in the service of the people’s interests and the protection of its objectives and national security. article 12 democratically elected councils at the national or local level shall be institutions through which citizens exercise their role in sovereignty, state-building and leading society. chapter ii. economic principles article 13 the national economy shall be based on the principle of developing public and private economic activity through economic and social plans aiming at increasing the national income, developing production, raising the individual’s living standards and creating jobs; economic policy of the state shall aim at meeting the basic needs of individuals and society through the achievement of economic growth and social justice in order to reach comprehensive, balanced and sustainable development; the state shall guarantee the protection of producers and consumers, foster trade and investment, prevent monopoly in various economic fields and work on developing human resources and protecting the labor force in a way that serves the national economy. article 14 natural resources, facilities, institutions and public utilities shall be publicly owned, and the state shall invest and oversee their management for the benefit of all people, and the citizens’ duty is to protect them. article 15 collective and individual private ownership shall be protected in accordance with the following basis: general confiscation of funds shall be prohibited; private ownership shall not be removed except in the public interest by a decree and against fair compensation according to the law; confiscation of private property shall not be imposed without a final court ruling; private property may be confiscated for necessities of war and disasters by a law and against fair compensation; compensation shall be equivalent to the real value of the property. article 16 the law shall determine the maximum level of agricultural ownership and agricultural investment to ensure the protection of the farmer and the agricultural laborer from exploitation and to ensure increased production. article 17 the right of inheritance shall be maintained in accordance with the law. article 18 taxes, fees and overhead costs shall not be imposed except by a law; the tax system shall be based on a fair basis; and taxes shall be progressive in a way that achieves the principles of equality and social justice. chapter iii. social principles article 19 society in the syrian arab republic shall be based on the basis of solidarity, symbiosis and respect for the principles of social justice, freedom, equality and maintenance of human dignity of every individual. article 20 the family shall be the nucleus of society and the law shall maintain its existence and strengthen its ties; the state shall protect and encourage marriage, and shall work on removing material and social obstacles that hinder it. the state shall also protect maternity and childhood, take care of young children and youth and provide the suitable conditions for the development of their talents. article 21 martyrdom for the sake of the homeland shall be a supreme value, and the state shall guarantee the families of the martyrs in accordance with the law. article 22 the state shall guarantee every citizen and his family in cases of emergency, sickness, disability, orphan-hood and old age; the state shall protect the health of citizens and provide them with the means of prevention, treatment and medication. article 23 the state shall provide women with all opportunities enabling them to effectively and fully contribute to the political, economic, social and cultural life, and the state shall work on removing the restrictions that prevent their development and participation in building society. article 24 the state shall shoulder, in solidarity with the community, the burdens resulting from natural disasters. article 25 education, health and social services shall be the basic pillars for building society, and the state shall work on achieving balanced development among all regions of the syrian arab republic. article 26 public service shall be a responsibility and an honor the purpose of which is to achieve public interest and to serve the people; citizens shall be equal in assuming the functions of public service, and the law shall determine the conditions of assuming such functions and the rights and duties assigned to them. article 27 protection of the environment shall be the responsibility of the state and society and it shall be the duty of every citizen. chapter iv. educational and cultural principles article 28 the educational system shall be based on creating a generation committed to its identity, heritage, belonging and national unity. article 29 education shall be a right guaranteed by the state, and it is free at all levels. the law shall regulate the cases where education could not be free at universities and government institutes; education shall be compulsory until the end of basic education stage, and the state shall work on extending compulsory education to other stages; the state shall oversee education and direct it in a way that achieves the link between it and the needs of society and the requirements of development; the law shall regulate the state’s supervision of private educational institutions. article 30 physical education shall be an essential pillar in building society; and the state shall encourage it to prepare a generation which is physically, morally and intellectually fit. article 31 the state shall support scientific research and all its requirements, ensure the freedom of scientific, literary, artistic and cultural creativity and provide the necessary means for that end. the state shall provide any assistance for the progress of sciences and arts, and shall encourage scientific and technical inventions, creative skills and talents and protect their results. article 32 the state shall protect antiquities, archaeological and heritage sites and objects of artistic, historical and cultural value. title ii. rights, freedoms and the rule of law chapter i. rights and freedoms article 33 freedom shall be a sacred right and the state shall guarantee the personal freedom of citizens and preserve their dignity and security; citizenship shall be a fundamental principle which involves rights and duties enjoyed by every citizen and exercised according to law; citizens shall be equal in rights and duties without discrimination among them on grounds of sex, origin, language, religion or creed; the state shall guarantee the principle of equal opportunities among citizens. article 34 every citizen shall have the right to participate in the political, economic, social and cultural life and the law shall regulate this. article 35 every citizen shall be subjected to the duty of respecting the constitution and laws. article 36 the inviolability of private life shall be protected by the law; houses shall not be entered or inspected except by an order of the competent judicial authority in the cases prescribed by law. article 37 confidentiality of postal correspondence, telecommunications and radio and other communication shall be guaranteed in accordance with the law. article 38 no citizen may be deported from the country, or prevented from returning to it; no citizen may be extradited to any foreign entity; every citizen shall have the right to move in or leave the territory of the state, unless prevented by a decision from the competent court or the public prosecution office or in accordance with the laws of public health and safety. article 39 political refugees shall not be extradited because of their political beliefs or for their defense of freedom. article 40 work shall be a right and a duty for every citizen, and the state shall endeavor to provide for all citizens, and the law shall organize work, its conditions and the workers’ rights; each worker shall have a fair wage according to the quality and output of the work; this wage shall be no less than the minimum wage that ensures the requirements of living and changes in living conditions; the state shall guarantee social and health security of workers. article 41 payment of taxes, fees and public costs shall be a duty in accordance with the law. article 42 freedom of belief shall be protected in accordance with the law; every citizen shall have the right to freely and openly express his views whether in writing or orally or by all other means of expression. article 43 the state shall guarantee freedom of the press, printing and publishing, the media and its independence in accordance with the law. article 44 citizens shall have the right to assemble, peacefully demonstrate and to strike from work within the framework of the constitution principles, and the law shall regulate the exercise of these rights. article 45 freedom of forming associations and unions shall be based on a patriotic basis, for lawful purposes and by peaceful means which are guaranteed in accordance with the terms and conditions prescribed by law. article 46 compulsory military service shall be a sacred duty and is regulated by a law; defending the territorial integrity of the homeland and maintaining the secrets of state shall be a duty of every citizen. article 47 the state shall guarantee the protection of national unity, and the citizens’ duty is to maintain it. article 48 the law shall regulate the syrian arab citizenship. article 49 election and referendum are the right and duty of the citizens and the law shall regulate their exercise. chapter ii. the rule of law article 50 the rule of law shall be the basis of governance in the state. article 51 punishment shall be personal; no crime and no punishment except by a law; every defendant shall be presumed innocent until convicted by a final court ruling in a fair trial; the right to conduct litigation and remedies, review, and the defense before the judiciary shall be protected by the law, and the state shall guarantee legal aid to those who are incapable to do so, in accordance with the law; any provision of the law shall prohibit the immunity of any act or administrative decision from judicial review. article 52 provisions of the laws shall only apply to the date of its commencement and shall not have a retroactive effect, and it may apply otherwise in matters other than criminal. article 53 no one may be investigated or arrested, except under an order or decision issued by the competent judicial authority, or if he was arrested in the case of being caught in the act, or with intent to bring him to the judicial authorities on charges of committing a felony or misdemeanor; no one may be tortured or treated in a humiliating manner, and the law shall define the punishment for those who do so; any person who is arrested must be informed of the reasons for his arrest and his rights, and may not be incarcerated in front of the administrative authority except by an order of the competent judicial authority; every person sentenced by a final ruling, carried out his sentence and the ruling proved wrong shall have the right to ask the state for compensation for the damage he suffered. article 54 any assault on individual freedom, on the inviolability of private life or any other rights and public freedoms guaranteed by the constitution shall be considered a punishable crime by the law. title iii. state authorities chapter i. legislative authority article 55 the legislative authority of the state shall be assumed by the people’s assembly in accordance with the manner prescribed in the constitution. article 56 the people’s assembly term shall be for four calendar years from the date of its first meeting and it may not be extended except in case of war by a law. article 57 members of the people’s assembly shall be elected by the public, secret, direct and equal vote in accordance with the provisions of the election law. article 58 a member of the people’s assembly shall represent the whole people, and his/her commission may not be defined by a restriction or condition, and shall exercise duties under the guidance of his/hers honor and conscience. article 59 voters shall be the citizens who have completed eighteen years of age and met the conditions stipulated in the election law. article 60 the system of electing members of the people’s assembly, their number and the conditions to be met by the candidates shall be determined by a law; half of the members of the people’s assembly at least shall be of the workers and farmers, and the law shall state the definition of the worker and the farmer. article 61 the election law shall include the provisions that ensure: the freedom of voters to choose their representatives and the safety and integrity of the electoral procedures; the right of candidates to supervise the electoral process; punishing those who abuse the will of the voters; identifying the regulations of financing election campaigns; organizing the election campaign and the use of media outlets. article 62 elections shall be held during the sixty days preceding the expiry date of the mandate of the people’s assembly term; the people’s assembly shall continue its meetings if no other assembly is elected and it shall remain in place until a new assembly is elected. article 63 if the membership of a member of the people’s assembly is vacant for some reason, an alternative shall be elected within sixty days from the date of the membership vacancy, provided that the remaining term of the assembly is no less than six months. the membership of the new member shall end by the expiry date of the mandate of the assembly’s term, and the election law shall determine the cases of vacant membership. article 64 the people’s assembly shall be called to convene by a decree issued by the president of the republic within fifteen days from the expiry date of the mandate of the existing assembly or from the date of announcing the election results in case of not having such an assembly. the people’s assembly shall be definitely convened on the sixteenth day if the call-to-convene decree is not issued; the assembly shall elect, at its first meeting, its speaker and members who shall be annually re-elected. article 65 the assembly shall call for three regular sessions per year; the total of which should not be less than six months, and the assembly’s rules of procedure shall set the time and duration of each of them; the assembly may be invited to extraordinary sessions upon the request of the president of the republic, one third of the members of the assembly or the assembly’s office; the last legislative session of the year shall remain open until the approval of the state budget. article 66 the supreme constitutional court shall have jurisdiction to consider appeals related to the elections of the members of the people’s assembly. appeals shall be submitted by the candidate within three days from the date of announcing the results; and the court shall decide its final judgments within seven days from the expiry date of submitting appeals. article 67 members of the people’s assembly shall swear-in the constitutional oath mentioned in article 7 of the constitution. article 68 the emoluments and compensations of members of the people’s assembly shall be determined by a law. article 69 the people’s assembly shall put its rules of procedure to regulate the manner of working in it and the way of exercising its functions, and define terms of reference of the assembly’ office. article 70 members of the people’s assembly shall not be questioned in a civil or criminal manner because of events or opinions they express or during a vote in public or private meetings and during the work of the committees. article 71 members of the people’s assembly shall enjoy immunity for the mandate duration of the assembly. criminal proceedings against any member of them shall be taken after having a prior permission from the assembly unless caught in the act. in non-session cases, permission shall be taken from the assembly’s office, and the assembly shall be notified by any action taken at its first meeting. article 72 no member may take advantage of membership in any business; the law shall specify the business which may not be combined with the membership in the assembly. article 73 the speaker of the people’s assembly shall represent the assembly, sign and speak on its behalf; the people’s assembly shall have special guards under the authority of the speaker of the assembly; and no armed force may enter the assembly without the permission of its speaker. article 74 members of the people’s assembly shall exercise the right of proposing laws and directing questions and inquiries to the cabinet or a minister in accordance with the rules of procedure of the assembly. article 75 the people’s assembly undertakes the following functions: approval of laws; discussing the statement of the cabinet; perform a vote of no-confidence in the cabinet or a minister; approval of the general budget and final accounts; approval of development plans; approval of international treaties and conventions related to the safety of the state, including treaties of peace, alliance and all treaties related to the rights of sovereignty or conventions which grant privileges to foreign companies or institutions as well as treaties and conventions entailing additional expenses not included in its budget; or treaties and conventions related to loans’ contract or that are contrary to the provisions of the laws in force and requires new legislation which should come into force; approval of a general amnesty; accepting or rejecting the resignation of one of the members of the assembly. article 76 the prime minister shall present the cabinet’s statement within thirty days from the date of its formation to the people’s assembly for discussion; the cabinet shall be responsible for the implementation of its statement before the people’s assembly; if the assembly is not in a regular session, it shall be invited to convene an extraordinary session. article 77 a vote of no-confidence can only be conducted after the cabinet or one of its ministers is questioned in the assembly; a vote of no-confidence should be upon a proposal made by at least a fifth of the members of the people’s assembly and it must be obtained with a majority of the members; if a vote of no-confidence is obtained, the prime minister shall submit the cabinet’s resignation to the president, so should the minister who got a vote of no-confidence. article 78 the assembly might form temporary committees from among its members to collect information and find facts on the issues related to exercising its authorities. article 79 for every fiscal year there shall be one budget; and the beginning of fiscal year shall be determined by a law; the law states the method of preparing the state’s general budget; the draft budget should be presented to the people’s assembly at least two months before the beginning of the fiscal year. article 80 the assembly votes on the budget title by title; and the budget shall not enter into force unless approved by the assembly; if the assembly did not complete the process of approving the budget until the beginning of the new fiscal year, the budget of the previous years is used until the new year budget is approved and the revenues are collected in accordance with the laws and regulations in force; appropriations cannot be transferred from one title to another except according to the provisions of the law; the assembly might not increase the estimates of total revenues or expenditures while examining the budget. article 81 the people’s assembly might, after approving the budget, approve laws which could create new expenditures and new revenues to cover them. article 82 the final accounts of the fiscal year shall be presented to the people’s assembly within a period not longer than one year as of the end of this year. the final account is done by a law; and the same procedures in approving the budget apply to the final account period. chapter ii. the executive authority 1. the president of the republic article 83 the president of the republic and the prime minister exercise executive authority on behalf of the people within the limits provided for in the constitution. article 84 the candidate for the office of president of the republic should: have completed forty years of age; be of syrian nationality by birth, of parents who are of syrian nationality by birth; enjoy civil and political rights and not convicted of a dishonorable felony, even if he was reinstated; not be married to a non-syrian wife; be a resident of the syrian arab republic for no less than 10 years continuously upon being nominated. article 85 the nomination of a candidate for the office of president of the republic shall be as follows: the speaker of the people’s assembly calls for the election of the president of the republic before the end of the term of office of the existing president by no less than 60 days and no more than 90 days; the candidacy application shall be made to the supreme constitutional court, and is entered in a special register, within 10 days of announcing the call for electing the president; the candidacy application shall not be accepted unless the applicant has acquired the support of at least 35 members of the people’s assembly; and no member of the assembly might support more than one candidate; applications shall be examined by the supreme constitutional court; and should be ruled on within 5 days of the deadline for application; if the conditions required for candidacy were met by only one candidate during the period set for applying, the speaker of the people’s assembly should call for fresh nominations according to the same conditions. article 86 the president of the republic shall be elected directly by the people; the candidate who wins the election for the president of the republic is the one who gets the absolute majority of those who take part in the elections. if no candidate receives that majority, a rerun is carried out between the two candidates who receive the largest number of votes; the results shall be announced by the speaker of the people’s assembly. article 87 if the people’s assembly was dissolved during the period set for electing a new president of the republic, the existing president of the republic continues to exercise his duties until after the new assembly is elected and convened; and the new president of the republic shall be elected within the 90 days which follow the date of convening this assembly; if the term of the president of the republic finished and no new president was elected, the existing president of the republic continues to assume his duties until the new president is elected. article 88 the president of the republic is elected for 7 years as of the end of the term of the existing president. the president can be elected for only one more successive term. article 89 the supreme constitutional court has the jurisdiction to examine the challenges to the election of the president of the republic; the challenges shall be made by the candidate within 3 days of announcing the results; and the court rules on them finally within 7 days of the end of the deadline for making the challenges. article 90 the president of the republic shall be sworn in before the people’s assembly before assuming his duties by repeating the constitutional oath mentioned in article 7 of the constitution. article 91 the president of the republic might name one or more deputies and delegate to them some of his authorities; the vice-president is sworn in before the president of the republic by repeating the constitutional oath mentioned in article 7 of the constitution. article 92 if an impediment prevented the president of the republic from continuing to carry out his duties, the vice-president shall deputize for him. article 93 if the office of the president of the republic becomes vacant or if he is permanently incapacitated, the first vice-president assumes the president’s duties for a period of no more than 90 days of the president of the republic’s office becoming vacant. during this period new presidential elections shall be conducted; if the office of the president of the republic becomes vacant, and he does not have a vice-president, his duties shall be assumed temporarily by the prime minister for a period of no more than 90 days of the date of the president of the republic’s office becoming vacant. during this period new presidential elections shall be conducted. article 94 if the president of the republic resigned from office, he should address the resignation letter to the people’s assembly. article 95 the protocol, privileges and allocations required for the office of president of the republic shall be set out in a law. article 96 the president of the republic shall insure respect for the constitution, the regular running of public authorities, protection of national unity and survival of the state. article 97 the president of the republic shall name the prime minister, his deputies, ministers and their deputies, accept their resignation and dismiss them from office. article 98 in a meeting chaired by him, the president of the republic lays down the general policy of the state and oversees its implementation. article 99 the president of the republic might call the council of ministers to a meeting chaired by him; and might ask for reports from the prime minister and the ministers. article 100 the president of the republic shall pass the laws approved by the people’s assembly. he might also reject them through a justified decision within one month of these laws being received by the presidency. if they are approved a second time by the people’s assembly with a two thirds majority, they shall be passed by the president of the republic. article 101 the president of the republic shall pass decrees, decisions and orders in accordance with the laws. article 102 the president of the republic declares war, calls for general mobilization and concludes peace agreements after obtaining the approval of the people’s assembly. article 103 the president of the republic declares the state of emergency and repeals it in a decree taken at the council of ministers chaired by him with a two thirds majority, provided that the decree is presented to the people’s assembly in its first session. the law sets out the relevant provisions. article 104 the president of the republic accredits heads of diplomatic missions in foreign countries and accepts the credentials of heads of foreign diplomatic missions in the syrian arab republic. article 105 the president of the republic is the commander in chief of the army and armed forces; and he issues all the decisions necessary to exercise this authority. he might delegate some of these authorities. article 106 the president of the republic appoints civilian and military employees and ends their services in accordance with the law. article 107 the president of the republic concludes international treaties and agreements and revokes them in accordance with provisions of the constitution and rules of international law. article 108 the president of the republic grants special amnesty and might reinstate individuals. article 109 the president of the republic has the right to award medals and honors. article 110 the president of the republic might address letters to the people’s assembly and make statements before it. article 111 the president of the republic might decide to dissolve the people’s assembly in a justified decision he makes; elections for a new people’s assembly shall be conducted within 60 days of the date of dissolution; the people’s assembly might not be dissolved more than once for the same reason. article 112 the president of the republic might prepare draft laws and refer them to the people’s assembly to consider them for approval. article 113 the president of the republic assumes the authority of legislation when the people’s assembly is not in session, or during sessions if absolute necessity requires this, or in the period during which the assembly is dissolved. these legislation shall be referred to the assembly within 15 days of its first session; the assembly has the right to revoke such legislation or amend them in a law with a majority of two thirds of the members registered for attending the session, provided it is no less than the absolute majority of all its members. such amendment or revocation shall not have a retroactive effect. if they are not amended or revoked, they shall be considered approved. article 114 if a grave danger and a situation threatening national unity, the safety and integrity of the territories of the homeland occurs, or prevents state institutions from shouldering their constitutional responsibilities, the president of the republic might take the quick measures necessitated by these circumstances to face that danger. article 115 the president of the republic might set up special bodies, councils and committees whose tasks and mandates are set out in the decisions taken to create them. article 116 the president of the republic might call for a referendum on important issues which affect the higher interests of the country. the result of the referendum shall be binding and come into force as of the date of its announcement; and it shall be published by the president of the republic. article 117 the president of the republic is not responsible for the acts he does in carrying out his duties except in the case of high treason; and the accusation should be made through a people’s assembly decision taken by the assembly in a public vote and with a two thirds majority in a secret session based on a proposal made by at least one third of the members. he shall be tried before the supreme constitutional court. 2. the council of ministers article 118 the council of ministers is the highest executive and administrative authority of the state. it consists of the prime minister, his deputies and the ministers. it supervises the implementation of the laws and regulations and oversees the work of state institutions; the prime minister supervises the work of his deputies and the ministers. article 119 the allocations and benefits of the prime minister, his deputies and the ministers shall be set out in a law. article 120 the prime minister, his deputies and the ministers shall be sworn in before the president of the republic when a new government is formed by repeating the constitutional oath mentioned in article 7 of the constitution before they start their work. when the government is reshuffled, only the new ministers shall be sworn in. article 121 the prime minister, his deputies and the ministers shall be responsible before the president of the republic and the people’s assembly. article 122 the minister is the highest administrative authority in his ministry, and he shall implement the state’s public policy in relation to his ministry. article 123 while in office, ministers shall be barred from being members of the boards of private companies or agents for such companies and from carrying out, directly or indirectly, any commercial activity or private profession. article 124 the prime minister, his deputies and the ministers shall be responsible for their acts, from a civil and penal perspective, in accordance with the law; the president of the republic has the right to refer the prime minister, his deputies and the ministers to the courts for any crimes any of them commits while in office or because of such crimes; the accused shall be suspended from office as soon as an indictment is made until a ruling is passed on the accusation made against him. his resignation or dismissal does not prevent his trial. procedures are conducted as stated in the law. article 125 the cabinet shall be considered as resigned in the following cases: upon the end of the term of office of the president of the republic; upon the election of a new people’s assembly; if the majority of the ministers resigned. the cabinet carries on in a care taker capacity until a decree is passed naming a new cabinet. article 126 an individual can be a minister and a member of the people’s assembly at the same time. article 127 provisions applying to ministers apply to deputy ministers. article 128 the mandate of the council of ministers is as follows: it draws the executive plans of the state’s general policy; it guides the work of ministers and other public bodies; it draws the state’s draft budget; it drafts laws; it prepares development plans and plans for upgrading production and the exploitation of national resources and everything that could support and develop the economy and increase national income; it concludes loan contracts and grants loans in accordance with provisions of the constitution; concludes treaties and agreements in accordance with provisions of the constitution; follows up on enforcing the laws and protects the interests and the security of the state and protects the freedoms and rights of the population; passes administrative decisions in accordance with the laws and regulations and oversees their implementation. article 129 the prime minister and the ministers exercise the authorities provided for in the laws in force in a manner that does not contravene the authorities given to other authorities in the constitution, in addition to the other authorities stated in its provisions. 3. local councils article 130 the syrian arab republic consists of administrative units; and the law states their number, boundaries, authorities and the extent to which they enjoy the status of a legal entity, financial and administrative independence. article 131 the organization of local administration units is based on applying the principle of decentralization of authorities and responsibilities. the law states the relationship between these units and the central authority, their mandate, financial revenues and control over their work. it also states the way their heads are appointed or elected, their authorities and the authorities of heads of sectors. local administration units shall have councils elected in a general, secret, direct and equal manner. chapter iii. the judicial authority 1. the courts and attorney general’s office article 132 the judicial authority is independent; and the president of the republic insures this independence assisted by the supreme judicial council. article 133 the supreme judicial council is headed by the president of the republic; and the law states the way it shall be formed, its mandate and its rules of procedures; the supreme judicial council insures the provision of the guarantees necessary for the independence of the judiciary. article 134 judges are independent and there is no authority over them except that of the law; the judges’ honor, conscience and impartiality constitute the guarantees for people’s rights and freedoms. article 135 the law regulates the different branches, categories and degrees of the judicial system. it also states the rules for the mandates of different courts. article 136 the law states the conditions for appointing judges, promoting, transferring, disciplining and dismissing them. article 137 the attorney general’s office is a single judicial institution headed by the minister of justice. the law regulates its function and mandate. article 138 judicial rulings are made in the name of the arab people of syria; not implementing judicial rulings or obstructing their implementation is a crime punished in accordance with provisions of the law. 2. administrative judiciary article 139 the state’s council is in charge of administrative judiciary. it is an independent judicial and advisory body. the law states its mandate and conditions for appointing, promoting, transferring, disciplining and dismissing them. title iv. the supreme constitutional court article 140 the supreme constitutional court is an independent judicial body based in damascus. article 141 the supreme constitutional court consists of at least seven members, one of them shall be named president in a decree passed by the president of the republic. article 142 an individual cannot be a member of the supreme constitutional court and a minister or a member of the people’s assembly at the same time. the law states the other jobs that cannot be done by a member of the court. article 143 the duration of membership of the supreme constitutional court shall be four years renewable. article 144 members of the supreme constitutional court cannot be dismissed from its membership except in accordance with the law. article 145 president and members of the supreme constitutional court shall be sworn in before the president of the republic in the presence of the speaker of the people’s assembly before they assume their duties. they repeat the following oath: “i swear by the great almighty to respect the constitution and the laws of the country and to carry out my responsibilities with integrity and impartiality”. article 146 the mandate of the supreme constitutional court is as follows: control over the constitutionality of the laws, legislative decrees, bylaws and regulations; expressing opinion, upon the request of the president of the republic, on the constitutionality of the draft laws and legislative decrees and the legality of draft decrees; supervising the election of the president of the republic and organizing the relevant procedures; considering the challenges made to the soundness of the measures of electing the president of the republic and members of the people’s assembly and ruling on these challenges; trying the president of the republic in the case of high treason; the law states its other authorities. article 147 the supreme constitutional court is charged with control over the constitutionality of the laws as follows: consider the unconstitutionality of the law and decide according to the following: if the president of the republic or a fifth of the members of the people’s assembly object to a law before it is passed, on the grounds of its unconstitutionality, it shall be suspended until the court rules on it within 15 days of the date of lodging the objection at the court. if the law is urgently needed, the court shall rule on it within 7 days; if a fifth of the members of the people’s assembly object to a legislative decree, on the grounds of its unconstitutionality within 15 days of it is being presented to the assembly, the court shall rule on it within 15 days of lodging the objection at the court; if the court ruled that the law, the legislative decree or the bylaw was unconstitutional, the items found to be unconstitutional shall be annulled with retroactive effect and all their consequences shall be removed. considering the claim of the unconstitutionality of a law or a legislative decree and ruling on it takes place as follows: if an opponent making a challenge claimed the unconstitutionality of a legal text applied by the court whose ruling is being challenged, and if the court considering the challenge found that the claim was serious and should be ruled on, it halts the proceedings of the case and refers it to the supreme constitutional court; the supreme constitutional court shall rule on the claim within 30 days of being entered in its register. article 148 the supreme constitutional court shall not consider the constitutionality of the laws put by the president of the republic to a referendum and obtained the approval of the people. article 149 the law regulates the principles of considering and ruling on the issues under the mandate of the supreme constitutional court. the law states the number of its staff and the conditions which need to be met by its members. it also states their immunity, responsibilities, salaries and privileges. title v. amending the constitution article 150 the president of the republic, and so does a third of the members of the people’s assembly, might propose amending the constitution; the proposal for amending the constitution shall state the text proposed to be amended and the reasons for making the amendment; as soon as the people’s assembly receives the proposal for amendment, it sets up a special committee to examine it. the assembly discusses the proposal for amendment. if it approved it with a three quarters majority, the amendment shall be considered final provided that it is also approved by the president of the republic. title vi. general and transitional provisions article 151 the preamble of the constitution is considered part and parcel of the constitution article 152 no person carrying another nationality, in addition to the nationality of the syrian arab republic, might occupy the office of president of the republic, vice-president, prime minister, deputy prime ministers, ministers, members of the people’s assembly or members of the supreme constitutional court. article 153 this constitution shall not be amended before 18 months of coming into force. article 154 the legislation in force and passed before approving this constitution remain in force until they are amended in accordance with its provisions, provided that the amendment is done within a period of no longer than 3 years. article 155 the term of office of the current president of the republic terminates after 7 years of his being sworn in as president. he has the right to stand again for the office of president of the republic. provisions of article 88 of this constitution apply to him as of the next presidential elections. article 156 elections for the first people’s assembly under this constitution shall be held within 90 days of the date of its being approved through referendum. article 157 this constitution shall be published in the official bulletin and enters into force as of being approved. preamble we, the people of turkmenistan, based on our inalienable right to determine our destiny; proceeding from the responsibility for present and future of the motherland; expressing loyalty to the covenant of ancestors to live in unity, peace and harmony and commitment to universal human values; with the aim of protecting the national values and interests, strengthening the independence, sovereignty, the status of permanent neutrality of turkmenistan recognized by the international community; guaranteeing the rights and freedoms of each person and citizen, and seeking to ensure civil tranquility and unity in the society, to substantiate the basis of democracy and democratic, legal, secular state, we adopt the present constitution – the basic law of turkmenistan. section i. fundamentals of the constitutional system of turkmenistan article 1 turkmenistan shall be a democratic, legal and secular state in which the government shall take the form of presidential republic. turkmenistan shall exercise the complete power and authority on its territory, and shall independently pursue the national and foreign policy. the state sovereignty and territory of turkmenistan shall be homogeneous and indivisible. the state shall protect the independence, territorial integrity, and constitutional system of turkmenistan, and ensure law and order. article 2 turkmenistan, has the status of permanent neutrality recognized by the international community and fixed in accordance with law. the united nations through the general assembly resolutions “permanent neutrality of turkmenistan” dated 12 december 1995 and 3 june 2015: recognizes and supports the proclaimed status of permanent neutrality of turkmenistan; calls upon the member states of the united nations to respect and support this status of turkmenistan and also to respect its independence, sovereignty and territorial integrity. the permanent neutrality of turkmenistan, shall be the basis of its national and foreign policy. article 3 sovereignty is exercised by the people of turkmenistan, the people are the sole source of the state power. the people of turkmenistan shall exercise their power directly or through representative bodies. no part (group) of the people, organization or individuals, shall have the right to arrogate to themselves the state power. article 4 in turkmenistan, the people shall be the highest value of the society and the state. protection, support and service to people shall be the main goals of state authorities. the state shall be responsible for every citizen and shall create conditions for free development of an individual, protect the life, honour, dignity and freedom, personal inviolability, natural and inalienable rights of a citizen. every citizen shall be responsible before the state for performing the responsibilities entrusted to him by the constitution and laws. article 5 turkmenistan is a state ensuring social security of each person. article 6 state power in turkmenistan shall be divided in the legislative, executive and judicial branches, they shall operate independently, balancing each other. article 7 local self-government shall be acknowledged and guaranteed. local self-government shall be independent within the limits of its competence. local self-government bodies shall not be a part of the state authority bodies system. article 8 the rule of law shall be established in turkmenistan. the state and all of its bodies and officials shall be linked by law and constitutional order. the constitution of turkmenistan shall be the basic law of the state. rules and regulations laid down in it shall be unswervingly applicable. the laws and other legal acts that contradict the constitution shall be null and void. the normative legal acts shall be promulgated in the state mass media or made public through other means, stipulated by law. the normative legal acts affecting the rights and freedoms of a person and a citizen, if not made public, shall be invalid from the time of their adoption. article 9 turkmenistan, being a full subject of the global community, shall adhere in its foreign policy to the principles of permanent neutrality, non-interference in the internal affairs of other countries, refrain from the use of force and participation in military blocs and alliances, promote peaceful, friendly and mutually beneficial relations with countries in the region and all states of the world. turkmenistan shall recognize the priority of the universally accepted norms of international law. article 10 turkmenistan has its own citizenship. the citizenship shall be acquired, retained and lost in accordance with law. citizenship of another state shall not be recognized for the citizens of turkmenistan. no one shall be deprived of citizenship or the right to change citizenship. a citizen of turkmenistan shall not be extradited to another state or expelled from the limits of turkmenistan, or restricted in the right to return to the homeland. the citizens of turkmenistan shall be guaranteed the protection and patronage of the state on the territory of turkmenistan and beyond its borders. article 11 foreign nationals and stateless persons shall enjoy the rights and freedoms, and bear the responsibilities as the citizens of turkmenistan in accordance with law and international treaties of turkmenistan. turkmenistan, in accordance with universally recognized norms of international law and in the manner prescribed by law shall give refuge to foreign citizens and stateless persons. article 12 the property shall be inviolable. turkmenistan shall recognize the right to private ownership of the land, means of production, and other material and intellectual values. they may also belong to the associations of citizens and the state. the law shall establish the objects that shall be exclusive property of the state. the state shall guarantee equal protection of all forms of ownership and create equal conditions for their development. confiscation of property shall be prohibited, except for the property acquired by means prohibited by law. forced confiscation of property shall be permissible only in cases stipulated by law. article 13 the state shall regulate economic activity in the interest of an individual and the society, and shall ensure sustainable development for the benefit of the whole nation. article 14 land and mineral resources, flora and fauna as well other natural wealth shall be the national wealth of turkmenistan, protected by the state and subject to rational use. article 15 the state shall be responsible for safeguarding the national historical, cultural and natural heritage, natural environment, ensuring equality between social and ethnic communities. the state shall encourage scientific, technical and artistic creativity and distribution of its positive results. the state shall promote development of international cooperation in the fields of culture, training, sports and tourism. article 16 the state shall promote development of science and technology as well as support of international co-operation in these areas. scientific-technical policy of the state shall be pursued for the benefit of the society and each person. the state shall promote introduction in production activities of scientific and technical achievements. article 17 political diversity and multi-party system shall be recognized in turkmenistan. the state shall ensure the enabling environment for development of civil society. public associations shall be equal before the law. article 18 the state shall guarantee freedom of religion and belief, and equality before the law. religious organizations shall be separate from the state, their interference in the state affairs and carrying out the state functions shall be prohibited. the public education system shall be separate from religious organizations and secular. article 19 an ideology of political parties, religious organizations, public associations and other entities shall not be binding for citizens. article 20 in order to protect the state sovereignty and security, turkmenistan shall have its own armed forces. article 21 turkmen language shall be the state language of turkmenistan. the use of their native language shall be guaranteed to all citizens of turkmenistan. article 22 the symbols of turkmenistan as a sovereign state shall be the state flag, the state emblem, and the national anthem. the description of the state symbols and arrangements for their use shall be established by law. article 23 the territory of turkmenistan shall be divided into welayats (provinces), etraps (districts), cities and towns and other administrative-territorial units. procedures for establishment and change of administrative – territorial units shall be determined by law. article 24 ashgabat shall be the capital of turkmenistan. section ii. rights, freedoms and duties of a person and a citizen of turkmenistan article 25 rights and freedoms of a person and a citizen in turkmenistan shall be recognized in accordance with the universally recognized norms of international law and shall be guaranteed by this constitution and laws. article 26 the rights and freedoms of an individual shall be inviolable and inalienable. no one has the right to restrict the rights and freedoms of individuals, except in accordance with the constitution and laws. the enumeration in the constitution and laws of certain rights and freedoms of people and citizens shall not be used to deny or diminish their other rights and freedoms. article 27 rights and freedoms of a person and a citizen shall be directly applicable. they shall guide the meaning, content and application of laws, activity of legislative and executive authorities, local self-governments and shall be guaranteed by law. article 28 turkmenistan shall guarantee the equality of rights and freedoms of a person and a citizen, and also the equality of a person and a citizen before the law regardless of their nationality, skin colour, gender, origin, property and official status, place of residence, language, religion, political beliefs, and other circumstances. article 29 men and women in turkmenistan shall have equal rights and freedoms, and equal opportunities for their realization. violation of equality on the basis of gender shall be punishable according to the law. article 30 the exercise of rights and freedoms must not violate the rights and freedoms of others, as well as the requirements of morality, law, public order, [or] cause damage to national security. article 31 everyone shall have the right to protection of honour and dignity. nothing shall justify humiliation of the dignity of an individual. article 32 each individual has the right to life and liberty and the exercise of this right. no one can be deprived of the right to life. the right of each person to free life shall be protected by the state on the basis of law. the death penalty has been abolished in turkmenistan. article 33 a person cannot be convicted or punished, except in strict accordance with law. no one shall be subjected to torture, cruel, inhuman or degrading treatment or punishment, and without their consent to medicinal, scientific or other experiments. a person can be arrested by the court only on the grounds precisely specified by law or with the approval of the prosecutor. in urgent cases, precisely specified by law, the state authorities shall have the right to detain the citizens temporarily. article 34 an individual shall be presumed innocent until the commission of an offence by him/her is proved in accordance with the procedure prescribed by law and under a final judgment of conviction. no one shall be obliged to prove his/her innocence. doubts arisen as to the guilt of the individual, which cannot be precluded, shall be settled in favour of the accused person. article 35 everyone shall have the right for freedom and personal inviolability. a person may be subject to criminal punishment only if he is found guilty and convicted by a court in the manner prescribed by law. article 36 no one can be subject to repeated criminal prosecution and convicted for the same crime. article 37 everyone shall have the right to private liberty, personal and family secrets and their protection from arbitrary interference in their privacy, as well as infringement of the rules of secrecy of correspondence, telephone and other means of communication,. article 38 collection, storage and dissemination of information about private life of an individual without his consent shall not be permitted. public authorities and local self-government bodies, and their officials shall be obliged to get each individual familiarized with the documents and materials directly related to his rights and freedoms, unless otherwise stipulated by law. article 39 every citizen shall have the right to move freely and choose their place of residence within turkmenistan. restrictions on entry into special territories, and movement within those territories shall only be set by law. article 40 family, motherhood and fatherhood, and childhood shall be under the protection of the state. men and women having attained the marriageable age, shall have the right, by mutual consent, to marry and start families. spouses shall have equal rights in family relations. parents and substitute parents shall have the right and obligation to raise the children, care for their health, development, education, prepare them for work, and impart to them the culture of respect for the law, historical and national traditions. adult children shall be obliged to take care of their parents and to extend help (support) to them. the state creates the conditions for the exercise of the rights and freedoms of the youth and for promoting its comprehensive development. article 41 each person shall independently determine his/her attitude toward religion, shall have the right to, individually or jointly with others, profess any religion or none, to express and disseminate beliefs related to attitude toward religion, to participate in religious observances, rituals, and ceremonies. article 42 everyone shall be guaranteed the freedom of opinion and expression. no one shall have the right to prohibit an individual to freely express his/her opinion as well as prevent its dissemination in accordance with the law. no one can be forced to express his/her opinion or belief, or renounce them. everyone shall have the right to free search of information and to receive and disseminate information in ways not prohibited by law, if it is not a state or other secret protected by law. article 43 citizens shall be guaranteed freedom of assembly, rallies and demonstrations and other mass events in the manner prescribed by law. article 44 citizens shall have the right to form political parties and other public associations operating within the framework of the constitution and laws. the establishment and activity of political parties, and other public associations, aimed at bringing violent change to the constitutional order, introducing violence in their activity, opposing the constitutional rights and freedoms of citizens, advocating war, hatred on the basis of colour, national or religious hatred, encroaching on the health and morality of the people, as well as the political parties with ethnic or religious attributes shall be prohibited article 45 citizens of turkmenistan shall have the right to participate in managing the affairs of the society and state, either directly or through their freely elected representatives. article 46 citizens of turkmenistan shall have the right to elect and be elected to the bodies of state authority and local self-governments. citizens of turkmenistan, in accordance with their abilities and professional training, shall have equal right to access to public service. citizens of turkmenistan shall have the right to participate in administration of justice. article 47 everyone shall have the right to freely use his/her abilities and property for entrepreneurial and other economic activity that is not prohibited by law. article 48 the right to private property shall be protected by law. citizens shall have the right to own private property, use and dispose it individually or jointly with others. the inheritance right shall be guaranteed. article 49 citizens shall have the right to work, choice of profession, sort of employment and place of work at their own discretion, to safe and healthy working conditions. forced labour and the worst forms of child labour shall be prohibited. wage earners shall be entitled to compensation, appropriate to amount and quality of work. the size of this compensation shall not be less than the minimum wage established by the state. article 50 citizens shall have the right to rest, as expressed in establishment of limits of work week, grant of annual paid holidays, and days of weekly rest. the state shall create enabling environment for recreation and use of leisure time. article 51 every citizen shall have the right to living accommodation and support of the state in obtaining or acquiring a comfortable living accommodation, and construction of individual housing. the home shall be inviolable. no one shall have the right to enter a home or otherwise violate the sanctity of the home against the wishes of people living there, without any legal grounds. an individual shall have the right to protect his/her home against assault (encroachment). no one can be deprived of their living accommodation except on the grounds established by law. article 52 every citizen shall have the right to healthcare, including free use of the services of public health institutions. paid medical and non-traditional healthcare shall be permitted under, and in accordance with, the procedure established by law. article 53 everyone shall have the right to enabling environment for life and health, credible information on its state, compensation of damage caused to health and property as a result of violation of environmental law or natural disasters. the state shall control the rational use of natural resources in order to protect and improve healthy living conditions, as well as conservation of the stable natural environment. everyone shall be obliged to protect nature, take good care of the environment and natural wealth. article 54 citizens shall have the right to social security in an old age, sickness, disability, loss of ability to work, loss of breadwinner, unemployment and according to other legitimate grounds. young families, families with large number of children, orphans, veterans, people who lost their health while protecting the state or public interests, shall be provided additional support and benefits from state and public funds. article 55 every citizen shall have the right to education. general secondary education shall be compulsory; everyone shall be entitled to receive it in public educational institutions free of charge. the state shall ensure availability of vocational education for each person according to their abilities. on the basis and in the manner prescribed by law, governmental and non-governmental organizations, citizens shall have the right to engage in paid work activity. mandatory state educational standards are set for all educational institutions. article 56 citizens of turkmenistan shall have the right to participate in cultural life, to freedom of artistic, scientific and technical creativity. all rights (copyrights) and interests of citizens in the area of scientific, technical, creative, artistic, literary and cultural activities shall be protected by law. the state shall contribute to the development of science, culture, arts, folk arts, sports and tourism. article 57 everyone, living or staying temporarily on the territory of turkmenistan, shall be obliged to abide by the constitution and the laws of turkmenistan, and respect the national traditions, historic, cultural and natural heritage. article 58 protection of turkmenistan shall be the sacred duty of every citizen. general conscription shall be compulsory for the male citizens of turkmenistan. article 59 everyone shall be required to pay taxes and other payments in the manner and extent established by law. article 60 everyone shall be guaranteed judicial protection of honour and dignity, rights and freedoms as stipulated by the constitution and laws. everyone shall have the right to appeal in the court against the decisions and actions of the state bodies, public associations, local self-governments and officials. article 61 citizens shall have the right to seek redress in courts for material and moral damage caused to them by illegal actions of state bodies, other organizations and their employees, as well as private individuals. article 62 a person shall not be compelled to testify and give evidence against self and close relatives. evidence obtained as a result of mental or physical influence, as well as through other illegal methods, shall have no legal force. article 63 for each individual, the state shall guarantee the right to obtain legal assistance. the legal assistance shall be provided free of charge in cases stipulated by law. article 64 a law, aggravating the situation of citizens, shall not be retroactive. no one shall be held responsible for actions that, at the time of their commission, were not recognized by law as offence. article 65 the implementation of the rights and freedoms of citizens stipulated by this constitution may be limited only in a state of emergency or martial law in a manner and within the limits established by the constitution and laws. section iii. system of government and administration bodies in turkmenistan chapter i. general provisions article 66 the highest state authority and government in turkmenistan shall be exercised by the president of turkmenistan, the mejlis (parliament) of turkmenistan, the cabinet of ministers of turkmenistan, and the supreme court of turkmenistan. article 67 state powers are exercised by local representatives and executive bodies in a manner prescribed by the constitution and laws of turkmenistan. chapter ii. president of turkmenistan article 68 the president of turkmenistan shall be the head of the state and executive power, the highest official of turkmenistan, acting as guarantor of the state independence and the status of permanent neutrality of turkmenistan, its territorial integrity, compliance with the constitution, rights and freedoms of people and citizens and fulfillment of international obligations. article 69 a citizen of turkmenistan, born in turkmenistan, not younger than 40 years, who speaks the national language, has been living and working constantly in turkmenistan for the past 15 years, can be elected as president of turkmenistan. article 70 the president of turkmenistan shall be elected directly by the people of turkmenistan for a period of seven years, and shall enter office on taking the oath. the procedure for electing the president of turkmenistan and his assumption of office shall be determined by law. article 71 the president of turkmenistan shall: implement the constitution and laws; supervise the execution of foreign policy, represents turkmenistan in relations with other nations, negotiates and signs international treaties, appoint and dismiss ambassadors and other diplomatic representatives of turkmenistan to foreign countries, with interstate and international organizations, accepts the credentials and letters of recall of diplomatic representatives of foreign countries; form the apparatus [office] of the president of turkmenistan; be the supreme commander of the armed forces of turkmenistan, shall issue orders for general or partial mobilization, thei military [readiness] status and use of armed forces, approve the military doctrine of turkmenistan; appoint and dismiss the top command of the armed forces, other forces and military units of turkmenistan; form and preside over the national security council of turkmenistan; approve basic areas of national and foreign state policy and the programme of the political, economic, social and cultural development of the country; submit for consideration and approval of the mejlis of turkmenistan the state budget of turkmenistan and report on performance of the budget; sign the laws, in case of disagreement shall be entitled to, no later than two weeks, using the right of suspensive veto, return the law with his/her objections to the parliament for a second hearing and vote. if the parliament, with at least two-thirds of the total number of deputies, confirms its decision taken earlier, the president of turkmenistan shall sign the law. the president of turkmenistan shall not have the right of suspensive veto in relation to the laws on adoption of the constitution and introduction of changes and amendments in it; address the people and the mejlis of turkmenistan with annual statements on the state of affairs of the country, basic areas of national and foreign policy of the state; form the central commission for elections and referenda in turkmenistan, make changes in its composition; designate the date of referenda, shall have the right to convene an early session of the mejlis; address issues related to grant of citizenship of turkmenistan, reinstatement of citizenship and renunciation from citizenship,as well as grant of asylum; award state awards of turkmenistan and grant military and other special state titles; with the consent of the mejlis, appoint and dismiss the chairperson of the supreme court of turkmenistan, the prosecutor general of turkmenistan, the minister of internal affairs of turkmenistan, the minister of adalat [justice] of turkmenistan, the commissioner for human rights [ombudsman] of turkmenistan; submit a proposal to the mejlis of turkmenistan on election of authorized representative for human rights in turkmenistan; grant pardon and amnesty; order a state of emergency and martial law; address other issues, assigned to his competence by the constitution and the laws. article 72 the president of turkmenistan shall issue decrees, regulations and orders, binding on the entire territory of turkmenistan. article 73 the president of turkmenistan shall not be the deputy [member] of the mejlis [parliament]. article 74 the president of turkmenistan shall have the right to immunity. his honour and dignity shall be protected by law. maintenance, attendance and security of the president of turkmenistan and his family shall be carried out by the state. article 75 the president of turkmenistan may be prematurely released from his/her duty in case of his/her inability to fulfill his/her duties because of illness. the mejlis, on the recommendation of an independent medical board set by it, may decide to release the president of turkmenistan from the office. such decision shall be taken by at least two-third vote of the total members of the mejlis. in case of violation of the constitution and laws of turkmenistan by the president of turkmenistan, the mejlis may pass a no-confidence motion against him/her. the issue of no-confidence motion can be considered at the request of no less than two-thirds of the total members of the mejlis. the decision of no-confidence motion shall be adopted by at least three-fourth of the established members of the mejlis of turkmenistan. the question for removal of the president of turkmenistan from the office shall be put on national referendum. article 76 the president of turkmenistan shall not be not entitled to transfer his/her powers to other public authorities or officials except for powers stipulated by paragraphs 2, 15, 18, article 71 of the constitution, which may be transferred to the chairperson of the mejlis. if the president of turkmenistan, for whatever reason, shall be unable to perform his/her duties, pending the election of the new president, the duties of the president of turkmenistan shall be assigned to the chairperson of the mejlis of turkmenistan. election of the president of turkmenistan, in this case, shall be held no later than 60 days from the day of transfer of powers to the chairperson of the mejlis of turkmenistan. a person temporarily acting as president of turkmenistan, shall not be nominated as a candidate for the presidency. no changes in the constitution of turkmenistan shall be made during this period. chapter iii. mejlis of turkmenistan article 77 the mejlis (parliament) of turkmenistan shall be the representative body, exercising the legislative authority. article 78 the mejlis shall consist of 125 deputies, elected from constituencies with approximately equal number of voters, for five years. article 79 the mejlis shall be dissolved prematurely in the following cases: on the basis of a decision through national referendum; on the basis of a resolution of the mejlis, accepted by no less than two-third of the votes of the total number of deputies of the mejlis (self-dissolution). by the president of turkmenistan in case the formation of mejlis office bearers [chairperson, deputy chairpersons etc.] was not done within six months. article 80 the mejlis shall independently establish the powers of the deputies, shall elect from among the deputies, the chairperson of the mejlis, his deputy, shall form committees and commissions. the deputies of the mejlis of the previous convocation shall remain in office until the first session of the mejlis of the new convocation. article 81 the mejlis shall: adopt the constitution, enact laws, make amendments and changes to the constitution and laws, monitor their performance and their interpretation; consider the approval of the programme of activities of the cabinet of ministers; examine the issues related to approval of the state budget of turkmenistan and report on its implementation; consider the basic areas of national and foreign policy and programmes of political, economic social and cultural development of the country; address issues of national referenda; appoint [decide for] the election of the president of turkmenistan, deputies of the mejlis, members of halk maslahaty and the gengeshes. consider the recommendations of the president of turkmenistan on the issues related to the appointment and dismissal of the chairperson of the supreme court of turkmenistan, the prosecutor general of turkmenistan, the minister of internal affairs of turkmenistan, the minister of adalat [justice] of turkmenistan, the ombudsman in turkmenistan; upon proposal of the president of turkmenistan, establish state awards, awards state decorations to the president of turkmenistan, assign him/her the military and other ranks; determine conformity to or divergence from the constitution and the normative legal acts by the state authorities and administration; ratify and denounce international treaties; consider issues related to change of state borders and administrative territorial division of turkmenistan; examine the issues related to peace and security; address other issues within the competence of the mejlis under the constitution and laws. article 82 the mejlis may transfer the right to issue laws on certain matters to the president of turkmenistan, with subsequent consideration by the mejlis of their approval. the mejlis may not transfer to anyone the right to legislate on: adoption and amendments in the constitution; criminal and administrative law; legal proceedings. article 83 the right of legislative initiative shall belong to the president of turkmenistan, the deputies of the mejlis of turkmenistan, the cabinet of ministers of turkmenistan, and the supreme court of turkmenistan. article 84 a deputy of the mejlis shall have the right to enquiry, by oral and written questions, to the cabinet of ministers, ministers, and heads of other state bodies. article 85 the state shall guarantee to each deputy of the mejlis the creation of enabling environment for smooth and effective implementation of their powers, protection of their rights and freedoms, life, honour and dignity and personal inviolability. article 86 a deputy shall be deprived of his/her parliamentary powers only by the mejlis. the decision shall be taken by at least two-third vote of the total members of the mejlis. a deputy shall not be held administratively and criminally liable, detained, or otherwise deprived of liberty, without the consent of the mejlis. article 87 a deputy of the mejlis shall not concurrently hold the post of a cabinet member, hyakim (governor), archyn (village leader), judge, and prosecutor. article 88 the chairperson of the mejlis shall be elected by secret ballot. he shall report to the mejlis and shall be relieved of his/her post by a decision of the mejlis, voted by at least two-third majority of the total members of the mejlis. vice chairperson of the mejlis shall be elected by open ballot, shall perform functions on behalf of the chairperson, and shall act as chairperson of the mejlis in the absence of the chairperson or his inability to exercise his/her powers. article 89 presidium (panel) of the mejlis shall perform the organization of activity of the mejlis of turkmenistan. the presidium shall consist of the chairperson of the mejlis of turkmensitan, his deputy, chairpersons of committees and commissions. article 90 the procedure of the activity of the mejlis and its committees and commissions, deputies, their functions and powers, shall be determined by law. chapter iv. cabinet of ministers of turkmenistan article 91 the cabinet of ministers (government) of turkmenistan shall be the executive and administrative body. the president of turkmenistan shall be the chairperson of the cabinet of ministers. article 92 the cabinet of ministers shall consist of the deputies of the chairperson of the cabinet of ministers and ministers. the president of turkmenistan may bring in the composition of the cabinet of ministers other persons, who shall be heads of central bodies of executive power. the cabinet of ministers shall be formed by the president of turkmenistan within one month of his/her entering office and shall step down before the newly elected president. article 93 the meetings of the cabinet of ministers shall be led by the president of turkmenistan, or upon his/her instruction by one of the deputy chairperson of the cabinet of ministers. the cabinet of ministers within its competence shall approve decrees and issue orders binding for execution. article 94 the cabinet of ministers shall: arrange execution of the laws of turkmenistan, acts of the president of turkmenistan and the mejlis of turkmenistan; carry out measures to ensure and protect the rights and freedoms of citizens, protection of property rights and maintaining public order, national security; develop and submit for the consideration of the mejlis proposals on basic areas of the national and foreign policy of the state, programmes of political, economic, social and cultural development of the country; carry out the state management of economic, social and cultural development; organize management of public enterprises, institutions and organizations; ensure rational use and conservation of natural resources; take measures to strengthen monetary and credit system; form, as appropriate, committees, senior management and other departments under the cabinet of ministers; carry out foreign economic activities; ensure development of cultural and other relations with foreign states; lead the activities of the government agencies, state enterprises and organizations; have the right to revoke the legal acts of ministries and departments and the bodies of local executive authority; address other issues referred to its competence by the constitution, laws and other normative legal acts of turkmenistan. article 95 the powers of the cabinet of ministers, the procedure of its activity, and its relations with other state bodies shall be specified by law. chapter v. judicial power article 96 the judicial power in turkmenistan shall belong solely to the courts. the judicial power shall be aimed to guard the citizens’ rights and freedoms, state and public interests protected under the laws. article 97 the judicial power shall be exercised by the supreme court of turkmenistan and other courts, stipulated by law. the establishment of emergency courts and other entities, empowered as court, shall not be allowed. article 98 judges shall be independent; they shall be subject only to the constitution and law. interference in the work of judges, by whichever side, shall be unacceptable and punishable by law. article 99 the immunity of judges shall be guaranteed by law. article 100 judges shall be appointed and dismissed by the president of turkmenistan. the procedure of appointment of judges and their dismissal, shall be determined by law. article 101 judges shall not hold any other paid post, except for teaching and research activities. article 102 cases in the court shall be dealt with collectively [bench], and in cases stipulated by law, by a single judge. article 103 the trials shall be held in open court. hearing in closed session shall be permitted only in cases specified by law, in compliance with all the rules of the procedure. justice shall be administered on the basis of equality and competition of parties. article 104 judicial proceedings shall be conducted in the state language. those involved in the case and not speaking the language of the proceedings, shall have the right to get familiar with the case material and the judicial proceedings through an interpreter, as well as the right to speak in the court in their native language. article 105 the parties have the right to appeal the decisions, sentences and other verdicts of the courts of turkmenistan. article 106 decisions, verdicts and other resolutions of the court shall be binding on the territory of turkmenistan. article 107 the right to professional legal assistance shall be guaranteed at any stage of the legal proceedings. the legal aid to citizens and organizations shall be rendered by lawyers, and other physical persons and legal entities entitled to render such aid. article 108 the competence, formation and procedures of the court shall be defined by law. chapter vi. local government authorities article 109 in the provinces, districts and cities, local representative bodies – halk maslahaty (people’s council) shall be established in the manner prescribed by law. members of halk maslahaty shall be elected by citizens of turkmenistan residing in the respective administrative territorial units. article 110 halk maslahaty in the respective territory shall: it participates in organizing the implementation of the programmes of economic, social and cultural development; approve the local budget and report on its performance; contribute in law enforcement and maintaining public order, protection of rights and legal interests of citizens; hear reports from heads of local executive bodies on the implemented activities in the areas of economic, social and cultural development of the territory; deal with other issues assigned by turkmenistan law to the competition of halk maslahaty. resolutions adopted by halk maslahaty shall be binding within their respective territory. functions, powers and operational procedure of halk maslahaty, their members shall be specified by law. article 111 executive power on the ground shall be exercised through: in welayats hyakims (governors) of welayats, in etraps (disctricts) –hyakims of etraps, in towns and cities – hyakims of towns and cities. article 112 hyakims shall be appointed and dismissed by the president of turkmenistan and accountable to him. article 113 hyakims ensure execution of the constitution and laws of turkmenistan, acts of the president of turkmenistan, the cabinet of ministers, and resolutions of the mejlis of turkmenistan. hyakims, within the limits of their competence, shall take binding decisions to be implemented on their subordinated territory. article 114 functions and powers of hyakims and their activities shall be specified by law. section iv. local self-government article 115 local self-government systems consist of gengeshes and bodies of territorial public self-government. gengeshes are representative bodies whose members shall be elected by citizens of turkmenistan residing in the respective administrative territorial units. article 116 the gengeshes in the respective territory shall: determine the basic areas of economic, social and cultural development; draw up and approve the budget and report on its performance; set local taxes and fees, and their treatment (administration); manage property, which they own; define measures for rational use of natural resources and environmental protection; contribute to maintaining public order; deal with other issues assigned by law to the competence of the gengesh. the decisions taken by the gengeshes within the limits of their competence shall be binding in their respective territory. the law may confer certain state powers to the gengeshes earmarking necessary material and financial means for their realization. realization of the delegated powers shall be supervised by the state. article 117 the gengesh shall elect archyn (gengesh head) from its staff members, who shall supervise the work of the gengesh and shall be accountable to it. archyn shall enforce the implementation of decisions of the gengesh, acts of the state and government authorities, and shall address the issues of local importance. article 118 the procedure of formation and activity of gengeshes and bodies of territorial public self-government, as well as their relationship with public authorities are determined by law. section v. election system, referendum article 119 elections of the president of turkmenistan, deputies of the mejlis, members of the halk maslahaty (peoples council) and gengesh shall be held by universal and equal suffrage. the citizens of turkmenistan, who attained the age of 18, shall have the right to vote; each voter shall have one vote. citizens recognized by the court as legally incapable, as well as serving sentence in prisons, shall not participate in elections. limiting the electoral rights of citizens in other cases shall not be acceptable, and shall be punishable by law. article 120 a citizen of turkmenistan who has attained the age of 25 and has lived [continuously] in turkmenistan for the past ten years, can be elected as deputy of the mejlis. the requirements for candidates for membership of the mejlis, halk maslahaty and gengeshes shall be defined by laws of turkmenistan. article 121 elections shall be direct and the elected persons shall be elected directly by the citizens. article 122 voting in elections shall be by secret ballot, manipulation of the will of the voters during voting shall not be permitted. article 123 the right to nominate candidates shall be exercised in accordance with the legislation of turkmenistan. article 124 national and local referenda may be carried out in order to address major issues of state and public life. decisions adopted by referenda may be repealed or amended only through referendum. article 125 the right to conduct national referendum shall belong to the mejlis of turkmenistan upon proposal of at least two-third of the total number of deputies, or on the petition of no less than 250 000 eligible voters. article 126 the right to conduct local referenda shall belong to the gengesh on its initiative, or at the suggestion of no less than one quarter of voters residing in the respective territory. article 127 referenda shall be held through universal, equal, direct and secret vote. citizens of turkmenistan with electoral rights shall participate in referenda. article 128 the procedure for conduct of elections, national and local referenda, shall be determined by law. the elections and referenda shall not be held during the period of state of emergency and martial law. section vi. prosecutor’s office article 129 the supervision of precise and uniform enforcement of the laws of turkmenistan, acts of the president of turkmenistan and the cabinet of ministers of turkmenistan, resolutions of the mejlis of turkmenistan, shall be vested in the prosecutor general of turkmenistan, and his/her subordinate prosecutors. the prosecutor shall participate in court proceedings on grounds of and in the manner prescribed by law. article 130 the prosecutor’s office shall supervise the legality of operational and criminal investigations. article 131 the prosecutor general of turkmenistan heads the common centralized system of public prosecution bodies. the procedure of appointment and dismissal of prosecutors shall be determined by law. article 132 the prosecutor general and his/her subordinated prosecutors, in exercising their powers shall be guided only by the law. article 133 competence, order of formation and activity of public prosecution bodies shall be determined by law. section vii. economy and financial system article 134 the economy of turkmenistan shall be based on the principles of market relations. the state shall encourage and support entrepreneurship, promote development of small and medium enterprises. article 135 taxes, fees and other mandatory payments of the government, the grounds of tax liability, system of legal protection of the taxpayer shall be determined by law. article 136 the financial system of turkmenistan shall consist of the budget system, banking system, financial institutions and financial assets of enterprises, organizations, agencies and citizens of turkmenistan. in turkmenistan shall be implemented the common budget, financial, tax, monetary and credit policy. article 137 the budget system of turkmenistan shall consist of aggregate budgets of all levels constituting components of the state budget of turkmenistan. general principles of budgeting and operation of the budget system of turkmenistan, as well as the basis for budget operations and inter-budget relations in turkmenistan shall be determined by law. article 138 the banking system of turkmenistan shall consist of the central bank and credit institutions of turkmenistan. the central bank of turkmenistan shall ensure implementation of the uniform state monetary-credit policy, organization of cash circulation, the functioning of settlement and payment system, protection of interests of creditors and depositors of credit institutions and the management of international reserves of turkmenistan, and perform other functions stipulated by law. article 139 the manat shall be the national currency. the turnover of the foreign currency on the territory of turkmenistan shall be governed by law. section viii. final provisions article 140 laws, other legal acts of state authorities and officials shall be adopted on grounds of and in compliance with the constitution. in case of divergence between provisions of the constitution and laws, the provisions of the constitution shall be applied. article 141 the provisions of the constitution on state government in the form of the presidential republic shall not be changed. article 142 the constitutional law on approval and revision of the constitution shall be deemed adopted if no less than two third of the total number of deputies of the mejlis of turkmenistan or more than a half of the citizens of turkmenistan participating in national referendum voted for it. preamble we, the people of suriname, inspired by the love for this country and the belief in the power of the almighty and guided by the centuries-long struggle of our people against colonialism, which was terminated by the establishment of the republic of suriname on 25 november 1975, taking the coup d'ètat of 25 february 1980 and the consequences thereof, conscious of our duty to combat and to prevent every form of foreign domination, resolved to defend and protect the national sovereignty, independence and integrity, assured of the will to determine our economic, social and cultural development in full freedom convinced of our duty to honor and to guarantee the principles of freedom, equality and democracy as well as the fundamental rights and freedoms of man, inspired by a civic spirit and by the participation in the construction, expansion and maintenance of a society that is socially just, determined to collaborate with one another and with all peoples of the world on the basis of freedom, equality, peaceful coexistence and international solidarity, solemnly declare, to accept, as a result of the plebiscite held, the following constitution. chapter i. sovereignty first section. the republic of suriname article 1 the republic of suriname is a democratic state based upon the sovereignty of the people and on the respect and guarantee of the fundamental right and liberties. the suriname nation shall determine in full freedom its economic social and cultural development. second section. territory article 2 suriname consists of the territory on the south american continent, which has been defined as such. the state shall not alienate any territory or sovereign rights which it exercises over that territory. the extent and boundaries of the territorial waters and the rights of suriname to the adjacent continental shelf and the economic zone are determined by law. third section. nationality article 3 who is a suriname national and who is a resident shall be decided by law. naturalization shall be regulated by law. all suriname citizens are allowed access into suriname and are free to move about and to reside within suriname, except in the cases, defined in the law. all suriname citizens shall be eligible for appointment to any public office in without discrimination. the law shall determine in which public offices foreigners can be appointed. the admission of foreigners and their expulsion shall be regulated by law. the law shall determine the rules regarding the extradition of foreigners; extradition can only be effected on the basis of a treaty and in the manner determined by law. fourth section. state and society article 4 the concern of the state is aimed at: the construction and maintenance of a national economy free from foreign domination; a secured means of livelihood for the entire nation; sufficient employment under the guarantee of freedom and justice; the sharing of everyone in the economic, social and cultural development and progress; participation in the sense of citizenship during the construction, the expansion and the maintenance of a just society; guaranteeing national unity and sovereignty. chapter ii. economic goals article 5 the economic objectives of the republic of suriname shall aim at the construction of a national economy, free from foreign domination and in the interest of the surinamese nation. the economic system within which the social-economic development takes place shall be characterized by joint, contemporaneous and equal functioning of state enterprises, private enterprises, enterprises in which the state and private persons participate in common and cooperative enterprises, according to rules of law applicable in that matter. it is the duty of the state to promote and to guarantee as much as possible all types of entrepreneurial production. chapter iii. social goals article 6 the social objectives of the state shall aim at: the identification of the potentialities for development of the own natural environment and the enlarging of the capacities to ever more expand those potentialities; guaranteeing the participation of the community in the political life among other ways through national, regional and sectoral participation; guaranteeing a government policy aimed at raising the standard of living and of well-being of the society, based upon social justice, the integral and balanced development of state and society; an equitable distribution of the national income, directed towards a fair distribution of well-being and wealth over all strata of the population; regional spreading of public utilities and economic activities; the improvement of codetermination by the employees in companies and production units in the taking of decisions about production, economic development and planning; creating and improving the conditions necessary for the protection of nature and for the preservation of the ecological balance. chapter iv. international principles article 7 the republic of suriname recognizes and respects the right of nations to selfdetermination and national independence on the basis of equality, sovereignty and mutual benefit. the republic of suriname promotes the development of the international legal order and supports the peaceful settlement of international disputes. the republic of suriname rejects any armed aggression, any form of political and economic pressure, as well as every direct or indirect intervention in the domestic affairs of other states. the republic of suriname promotes the solidarity and collaboration with other peoples in the combat against colonialism, neo-colonialism, racism, genocide and in the combat for national liberation, peace and social progress. the republic of suriname promotes the participation in international organizations with a view to establishing peaceful coexistence, peace and progress for mankind. chapter v. basic rights, individual rights and freedoms article 8 all who are within the territory of suriname shall have an equal claim to protection of person and property. no one shall be discriminated against on the grounds of birth, sex, race, language, religious origin, education, political beliefs, economic position or any other status. article 9 everyone has a right to physical, mental and moral integrity. no one may be submitted to torture, degrading or inhuman treatment or punishment. article 10 everyone shall have, in case of infringement of one's rights and freedoms, a claim to an honest and public treatment of his complaint within a reasonable time by an independent and impartial judge. article 11 no person may be kept against his will from the judge whom the law assigns to him. article 12 everyone has the right to legal assistance before the courts the law shall provide regulations with regard to legal aid for the financially weak. article 13 loss of civil rights or the general forfeiture of all the property of an offender may not be imposed as a penalty or as a consequence of a penalty for any crime. article 14 everyone has a right to life. this right shall be protected by the law. article 15 no one shall be obliged to do forced or compulsory labor. article 16 everyone has the right to personal liberty and safety. no one will be deprived of his freedom, other than on grounds and according to proceedings determined by law. everyone who is deprived of his freedom has a right to a treatment in accordance with human dignity. article 17 everyone has a right to respect of his privacy, his family life, his home and his honor and good name. no dwelling may be entered against the occupant's will except by order of an authority which has the power to give that order by virtue of law and subject to the conditions prescribed by the law. the confidentiality of correspondence, telephone and telegraph is inviolable except in the cases described by law. article 18 everyone has the right of freedom of religion and philosophy of life. article 19 everyone has the right to make public his thoughts or feelings and to express his opinion through the printed press or other means of communication, subject to the responsibility of all as set forth in the law. article 20 everyone has the right to freedom of peaceful association and assembly, taking into consideration the rules to be determined by law for the protection of public order, safety, health and morality. article 21 the right to demonstrate peacefully is recognized. the use of that right can, for the protection of public order, safety, health and morality, be submitted to limitation through the law. article 22 everyone has the right to submit written petitions to the competent authority. the law regulates the procedure for handling them. article 23 in case of war, danger of war, state of siege or state of emergency or for reasons of state security, public order and good morals, the rights mentioned in the constitution may be submitted to limitations by law, which will be in force during a certain time, depending on the circumstances, in compliance with the international rules applicable in respect thereof. chapter vi. social, cultural and economic fights and obligations first section. the right to work article 24 the state shall take care of the creation of conditions in which an optimal satisfaction of the basic needs for work, food, health care, education, energy, clothing and communication is obtained. article 25 labor is the most important means of human development and an important source of wealth. article 26 everyone has the right to work, in accordance with his capacities. the duty to work is inseparably linked to the right to work. everyone has the right of free choice of profession and work, except for regulations imposed by law. everyone has the right of initiative for economic production. second section. state concern for labor article 27 it shall be the duty of the state to guarantee the right to work, as much as possible by: following a planned policy, aimed at full employment; forbidding the discharge without sufficient cause or for political or ideological reasons; guaranteeing equal opportunity in the choice of profession and type of work and forbidding that access to any function or profession by prevented or limited on grounds of sex; promoting professional training for employees. the state shall take care of the creation of conditions for the optimal promotion of initiatives for economic production. third section. rights of employees article 28 all employees have, independent of age, sex, race, nationality, religion or political opinions, the right to: remuneration for their work corresponding to quantity, type, quality and experience on the basis of equal pay for equal work; the performance of their task under humane conditions, in order to enable selfdevelopment; safe and healthy working condition; sufficient rest and recreation. fourth section. duties of the state concerning the rights of employees article 29 it is the duty of the state to indicate the conditions for work, remuneration and rest to which employees are entitled, especially by: making regulations with regard to wages, time of work, about conditions and special categories of workers; supplying special protection on the job for women before and after pregnancy, for minors, disabled persons and for those who are engaged in work which demands special efforts or who work in unhealthy or dangerous conditions. fifth section. freedom of trade unions article 30 employees are free to establish trade unions to foster their rights and interests. for the exercise of the rights of trade unions the following freedoms are guaranteed indiscriminately: freedom to join or not to join a trade union; the right to participate in trade union activities. trade unions shall be governed by the principles of democratic organization and management, based on regular elections of their boards of directors through secret ballot. sixth section. rights of trade unions and collective agreements article 31 the trade unions shall have the power to defend the rights and interests of the employees they represent and for whom they assume responsibility. trade unions shall be involved in: the preparation of labor legislation; the creation of institutions of social security and other institutions aimed at serving the interests of employees; the preparation for and the control of the execution of economic and social plans trade unions shall have the right to conclude collective labor agreements. the rules concerning the powers to conclude collective labor agreements and the sphere of application of their rules shall be determined by law. article 32. rights of employers the associations for the defense of business entrepreneurs shall have the power to defend the rights and interests of those whom they represent and for whom they assume responsibility. seventh section. right to strike article 33 the right to strike is recognized subject to the limitations which stem from the law. eighth section. right to property article 34 property, of the community as well as of the private person, shall fulfill a social function. everyone has the right to undisturbed enjoyment of his property subject to the limitations which stem from the law. expropriation shall take place only in the general interest, pursuant to rules to be laid down by law and against compensation guaranteed in advance. compensation need not be previously assured if in case of emergency immediate expropriation is required. in cases determined by or through the law, the right to compensation shall exist if the competent public authority destroys or renders property unserviceable or restricts the exercise of property rights for the public interest. ninth section. the family article 35 the family is recognized and protected. husband and wife are equal before the law. every child shall have the right to protection without any form of discrimination. parents shall have the same responsibilities towards legal or natural children. the state recognizes the extraordinary value of motherhood. working women shall be entitled to paid maternity leave. tenth section. health article 36 everyone shall have a right to health. the state shall promote the general health care by systematic improvement of living and working conditions and shall give information on the protection of health. eleventh section. youth article 37 young people shall enjoy special protection for the enjoyment of economic, social and cultural rights, among which are: access to education, culture and work; vocational schooling; physical training, sports and recreation; the primary goal of youth policy shall be the development of the personality of the young person and of the concept of service to the community. twelfth section. education and culture article 38 everyone shall have a right to education and cultural expression. education shall be free, subject to state supervision of all public educational institutions, in order that the national education policy and educational standards laid down by the state shall be observed. the practice of science and technology shall be free. the state shall promote the kind of education and the conditions under which school education and other forms of education can contribute to the development of a democratic and socially just society. the state shall promote the democratization of culture by promoting the enjoyment of culture and cultural relations and through assuring the availability of those cultural creations to all citizens by means of cultural and recreational organizations, information media and other suitable channels. thirteenth section. education article 39 the state shall recognize and guarantee the right of all citizens to education and shall offer them equal opportunity for schooling. in the execution of its education policy the state shall be under the obligation: to assure obligatory and free general primary education; to assure durable education and to end analphabetism; to enable all citizens to attain the highest levels of education, scientific research and artistic creation, in accordance with their capacities; to provide, in phases, free education on all levels; to tune education to the productive and social needs of the society. chapter vii. the economic system article 40 in order to promote the socioeconomic development towards a socially just society, a development plan shall be determined by law, taking into consideration the national and socioeconomic goals of the state. article 41 natural riches and resources are property of the nation and shall be used to promote economic, social and cultural development. the nation has the inalienable right to take complete possession of its natural resources in order to utilize them to the benefit of the economic, social and cultural development of suriname. article 42 the law shall guarantee that the mode of exercise of trade and industry is not contrary to the national goals, the public interest and notably the public policy, health, morality and state security. the traffic of foreign currency shall be regulated by law. article 43 the structure of the financial system shall be regulated by law in such a manner that by saving and by the correct allocation of the necessary financial means, investments in the productive sector would be advanced. article 44 the right to industrial property shall be regulated by law. chapter viii. the social order article 45 the social order shall be based in principle on a society, wherein all suriname citizens have equal rights and obligations. article 46 the state shall create the conditions, which underlie the education of citizens who are capable of participating in a democratic and effective manner in the development process of the nation. article 47 the state shall save and protect the cultural heritage of suriname, shall promote its preservation and promote the use of science and technology in the context of the national development aims. article 48 the state shall supervise the production and availability of and the trade in chemical, biological, pharmaceutical and other products, intended for consumption, medical treatment and diagnosis. the state shall supervise all medical, pharmaceutical and paramedical practioners and practices. the inspection of the products and functions mentioned in paragraphs (2) and (3) shall be regulated by law. article 49 a housing plan shall be determined by law, aimed at the procurement of a sufficient number of affordable houses and state control of the use of real estate for public housing. article 50 the policy in relation to social security for widows, orphans, the aged, invalids and incapacitated workers shall be indicated by law. article 51 the state shall take care to make the services of legal aid institutions accessible to those looking for justice. chapter ix. principles of democratic state organization first section. political democracy article 52 all political power is vested in the people and shall be exercised in accordance with the constitution. political democracy is characterized by the participation and representation of the suriname people, which shall express itself through the participation of the people in laying down a democratic political regime, and through their participation in legislation and administration, aimed at the upholding and expanding of this system. political democracy shall further create the conditions for the participation of the people in the general, free and secret elections for the composition of representative organs and of the government. accountability to the people, supervision of government actions by institutions created for that purpose and the right of revocation with regard to elected representatives are guarantees for true democracy. second section. political organizations article 53 the state shall accept the freedom of citizens to create political organizations, subject to the limitations which stem from the law. political organizations shall respect the national sovereignty and democracy. in exercising their rights the political organizations shall take into account the following: their goals may not be in violation of or incompatible with the constitution and the laws; the organization shall be accessible to the suriname citizen, who fulfills criteria to be defined by law provided that he agrees upon the basic principles of the party. the internal organization must be democratic, which shall be evidenced inter alia by: regular committee elections; the prerequisite that candidates proposed of the chamber of representatives shall be elected within the party structures; the electorate shall be informed of the political program and the election program of the political organizations; annual publications of sources of income and accounts shall be made in the official journal of the republic of suriname and at least one newspaper; their functioning shall be in accordance with principles of good administration, and with prescribed legal rules for the guaranteeing of openness and transparency; the drafting of a programme, with as sole goal the promotion of the national interest third section. basic principles for the functioning of the state organs article 54 the state is obliged to register those with voting rights and to convoke them to participate in the elections. the registration of the voters shall serve no other purpose. those with a right to vote are obliged to cooperate with the registration of the electorate. for the organization and the functioning of the state organs the following principles shall be respected: decisions of higher state organs shall be binding upon lower organs. this rule does not apply to judicial organs; lower state organs shall be deemed to submit justification to the superior organs and to give account of their work; the administrative and executive institutions shall be subject to control by the representative bodies; the freedom of discussion, criticism and recognition of the minority by the majority shall apply in all councils and organs of the state; those who hold political office shall be liable in civil and criminal law for their acts and omissions; those who hold political office shall be under the obligation to fulfill their tasks in the public interest; no one shall be nominated for life in a political office; the central authority shall organize the regular dissemination of information on government policy and state administration, in order to allow the people to participate optimally in the administrative structures. the lower administration shall have the obligation to create a process of communication with the people, for the purpose of making government answerable to the public and to ensure the participation of the people in policy-making. chapter x. the national assembly first section. organization and composition of the national assembly article 55 the national assembly represents the people of the republic of suriname and expresses the sovereign will of the nation. the national assembly is the highest organ of the state. second section. election of the members of the national assembly article 56 members of the national assembly shall be elected for a five-year term. the law can only derogate from the five-year term in case of war or other extraordinary circumstances, which prevent the holding of elections. article 57 the members of the national assembly shall be elected directly by the inhabitants having suriname nationality and having reached the age of eighteen years. each elector shall have one vote only. article 58 those persons shall be debarred from exercising the right to vote: to whom the right to vote has been denied by an irrevocable judicial decision; who are lawfully deprived of their liberty who, by virtue of an irrevocable judicial decision, have lost the right to dispose of or administer their property on account of insanity or imbecility. article 59 eligible are the inhabitants who have suriname nationality, who have reached the age of twenty-one and have not been deprived of the right to vote on the grounds mentioned in the previous article under (a) and (c). article 60 everything else relating to universal suffrage, the creation of an independent electoral council and its authority the division of suriname in electoral districts, the repartition of seats in the national assembly by electoral district and the methods according to which the allocation of seats takes place shall be regulated by law. this law shall be passed with a 2/3 majority. third section. membership of the national assembly article 61 the national assembly consists of 51 members chosen by district on the basis of general, free and secret elections by virtue of the system of proportionate representation on the highest number of average and preferential votes. persons who have submitted their candidacy for election as representatives in the national assembly shall live in said district and shall have had their main or real residence there during two years preceding the elections. article 62 the law determines for which functions the membership of the national assembly shall result in the suspension from duty. article 63 repealed. article 64 the sessions of the national assembly and of the other representative organs on the local and district levels coincide as much as possible. article 65 when assuming office the members shall make the following oath or promise: “i swear (promise) that in order to be elected a member of the national assembly i have not given or promised, nor will give or promise, directly or indirectly, under whatsoever name or pretext, anything to anyone whomsoever. i swear (promise) that in order to do or refrain from doing anything whatsoever in this office, i will not accept any promises or presents, directly or indirectly, from anyone whomsoever. i swear (promise) that i will fulfill the office of member of the assembly conscientiously. i swear (promise) that i will foster the well-being of suriname to the best of my capacities. i swear (promise) obedience to the constitution and all other rules of law. i swear (promise) allegiance to the republic of suriname. so help me, god almighty (that i declare and promise).” article 66 within thirty days at the latest after the members of the national assembly are chosen, this organ convenes under the chairmanship of the member most senior in years, and in case of unavailability or absence, always by the next eldest member. in this meeting the national assembly shall examine the credentials of its new members, and shall settle disputes arising concerning those credentials or the election itself, according to rules to be laid down by law. in the case where several members could be eligible for appointment as most senior member, who will act as chairman is decided by lot. article 67 the most senior member referred to in the previous article shall, previous to this meeting, take the prescribed oath or promise before the president, after which he shall swear in the other fifty members. hereafter, the meeting attends to the business of electing a speaker and a deputy speaker of the national assembly, who shall immediately assume their functions. the speaker shall take the required oath or promise, in the national assembly before the acting chairman. if the acting chairman is elected as speaker he takes the required oath or promise in the national assembly before the deputy speaker. fourth section. termination of the membership of the national assembly article 68 membership of the national assembly is terminated by: death; discharge on personal request; revocation of the member in the manner to be laid down by law; the arising of conditions that exclude eligibility; an appointment as minister or under-minister; absence during an uninterrupted period of five months condemnation for criminal offence in an irrevocable judicial decision to a penalty involving loss of liberty of at least five months. membership of the national assembly is incompatible with the office of minister or under-minister, provided that upon the election of a minister or under-minister as a member to the national assembly, the office of minister or under-minister can be combined with membership of the national assembly for no longer than three months after admission to the national assembly. further rules regarding the loss of membership of the national assembly can be laid down by law. chapter xi. the legislature first section. exercise of legislative powers article 69 the legislator, the government and the other organs of government shall respect the rules of the constitution. article 70 the legislative power shall be exercised jointly by the national assembly and the government. second section. powers of the national assembly article 71 the national assembly shall have the power to decide over all proposals of law that will be submitted before it for approval. the national assembly shall have the power to decide by 2/3 majority on the organization of a people’s assembly or a plebiscite in those cases deemed necessary by the national assembly, without prejudice to the provisions of article 179, paragraph 2. the national assembly lays down its own standing order. these standing orders, in which rules of procedure for the people's assembly shall be included, will be promulgated by state decree. article 72 without prejudice to what is reserved elsewhere in the constitution for regulation by law, the following subjects shall certainly be determined by law: treaties, subject to what is determined in article 104; the amending of the constitution; the declaration or the termination of the state of war, the civil or military state of emergency the determination and change of the political-administrative partitioning of the republic of suriname; the determination of the extent and boundaries of the territorial waters and the rights of the republic of suriname to the adjacent continental shelf and the economic zone; the creation of a development council for national development; the granting of amnesty or pardon. article 73 the socio-economic and political policy to be followed by the government shall be previously approved by the national assembly. article 74. executive tasks of the national assembly the national assembly has the following executive tasks: the election of the president and the vice-president; the proposal for nomination to the president of the chairman and vicechairman, the members and the surrogate members of the organ charged with the supervision and control of the expenditure of the state finances; placing the nominations of the members of the constitutional court and their appointed deputies to the president; appointing, suspending and discharging the clerk of the assembly; organizing any people's assembly. third section. legislative procedure rights of amendment initiative, interrogation and investigation article 75 the president introduces the proposals of law or other government proposals before the national assembly in a written message. public debate on any received government proposal shall always be preceded by an examination of that proposal. the national assembly shall determine in its rules of order the manner in which such examination shall be made. article 76 the national assembly shall have the right of amend bills proposed by the government. article 77 if the national assembly resolves to pass the proposal either unchanged or changed, it shall notify the president thereof. if the national assembly resolves not to pass the proposal it shall also give notice thereof to the president, with the request to review the bill more thoroughly. as long as the national assembly has not taken a decision, the president shall have the right to withdraw the bill which he has submitted. article 78 every member to the national assembly shall have the right to introduce proposals of law to the national assembly. article 79 the national assembly shall have the right of examination, that is to be regulated by law. article 80 all bills passed by the national assembly and approved by the president shall acquire force of law after promulgation. the laws shall be inviolable, subject to the provisions of articles 106, 137 and 144, paragraph 2. fourth section. procedure article 81 annually, and at the latest on the first working day of october, the president shall address the national assembly on the policy to be followed by the government. article 82 all meetings of the national assembly shall be held in public, except in special cases when it decides to convene behind closed doors. article 83 the national assembly may not commence deliberation or take decisions if no more than one half its members are present. all decisions of the national assembly shall be taken by a normal majority of votes, except for the provisions of paragraph 3 of the present article, and of article 60, article 70 [paragraph 2], and article 84, paragraph 4. a majority of at least 2/3 of the constitutional number of members of the national assembly shall be required for decisions concerning: the amendment of the constitution; the amdendment of the electoral act insofar as it involves the subjects indicated in article 60; the election of the president; the election of the vice-president; the organization of a people's assembly, subject to the provisions of article 181, paragraph 2; the organization of a plebiscite. article 84 in the event of an equality of votes at a meeting attended by all who are at that moment members of the national assembly, the motion shall be considered as having been defeated. in the event of an equality of votes at a meeting not attended by all those who are at the moment members of the national assembly, the motion shall be postponed until a subsequent meeting. the motion shall be considered as having been defeated in the event of an equality in such meeting. voting shall be by roll-call if at least five members desire this and shall then be by word-of-mouth; however in case of the election or nomination of persons, voting shall be by secret and unsigned ballot. the meeting can decide by at least two thirds of the votes cast that a specific matter shall be voted by closed and unsigned voting papers. article 85 the government shall provide the national assembly with the requested information either in writing or orally. it can be invited by the national assembly to attend the meeting. the government can attend meetings of the national assembly as well as the people’s assembly. it has an advisory vote in those meetings. it can be assisted in the meetings by experts. article 86 the law regulates the financial provisions for the benefit of the members and former members of the national assembly and their surviving relatives. article 87 the national assembly appoints, suspends and discharges its clerk. the clerk may not at the same time be a member of the national assembly. the law regulates his position. fifth section. immunity article 88 the speaker, the members of the national assembly, the government and the experts referred to in article 85, paragraph (2), shall be exempt from criminal prosecution for anything they have said at the assembly or have submitted to it in writing, except that if in so doing they had made public what was said or submitted under obligation of secrecy in a closed meeting. article 89 the national assembly is bound to inform the district councils in a manner to be laid down by law about decisions taken or viewpoints expressed that are of significance to their districts. chapter xii. the president first section. general provisions article 90 the president is head of state of the republic of suriname, head of government, chairman of the council of state and of the security council. he is answerable to the national assembly. article 91 the president and the vice-president are elected by the national assembly for five years. the term of office of the president is terminated at the swearing in of a newly appointed president. if the office becomes vacant, then the following president to be elected begins a new term of office. the provisions of the previous paragraph apply equally to the vice-president. article 92 to be eligible for appointment as president or vice-president a candidate must: possess the suriname nationality; have reached the age of thirty; not be excluded from the right of active and passive suffrage; not have acted in violation of the constitution. before submitting his candidacy, he must have had his domicile and main and real residence in suriname for at least six years. article 93 at the inauguration, the president and the vice-president shall make the following oath or promise: “i swear (promise) that in order to be elected president (vice-president) of the republic of suriname i have not given or promised, nor will give or promise, directly or indirectly, under whatsoever name or pretext, anything to anyone whomsoever. i swear (promise) that in order to do or refrain from doing anything whatsoever in this office, i will not accept any promises or presents, directly or indirectly, from anyone whomsoever. i swear (promise) that in fulfilling the office of president (vice-president) i will attend to and foster, with all my powers, the interests of the county and the people. i swear (promise) that i will defend and preserve, with all my powers, the independence and territory of the republic of suriname; that i will protect the general and particular liberty and the rights of all people and will employ, for the maintenance and promotion of the particular and general welfare, all means which the laws and circumstances place at my disposal, as a good and faithful president (vice-president) should do. i swear (promise) obedience to the constitution and all other rules of law. i swear (promise) allegiance to the republic of suriname. so help me god almighty (that i declare and promise).” article 94 the president and the vice-president shall not hold other political and administrative offices in the civil service, shall not fulfill functions in trade and commerce or labor unions and shall not practice any other professions. article 95 the president and vice-president may neither directly or indirectly participate in any undertaking, nor act as guarantor thereof, which is based on an agreement for profit or gain made with the state or with a part thereof. they may hold no money claims, except for government bodys, against the state. article 96 the president and the vice-president may neither directly nor indirectly participate in any concession undertaking of any nature established in suriname or operating therein. article 97 the president may not be related by marriage or by blood up to the second degree with the vice-president, the ministers, the vice-ministers and the chairman and other members of the state council and the organ that is charged with the supervision and control of the expenditure of state finances. he who comes to stand in a forbidden degree of relation after his appointment retains his office only after leave thereto is given by law. article 98 the office president is exercised by the vice-president: in case the president is declared unfit to exercise his powers; in case the president has laid down the exercise of his powers temporarily; as long as there is no president or if he is absent; if, in the case described in article 140, prosecution against the president has been initiated. second section. powers of the president article 99 the executive power is vested in the president. article 100 the president shall have the supreme authority over the armed forces. article 101 the president shall have the direction of foreign relations and shall promote the development of the international legal order. article 102 the president shall not declare the republic of suriname to be at war, in danger of war of in state of siege, except with the previous consent of the national assembly. this consent shall not be required when, as a result of force majeure, consultation with the national assembly has appeared to be impossible. the president shall not declare war, danger of war or state of siege between the state of suriname and another power to be terminated, except with the previous consent of the national assembly. this consent shall not be required when, as a result of force majeure, consultation with the national assembly is not possible. to maintain external and domestic security, in case of war, danger of war or in case of serious threat to or disturbance of the domestic order and peace which could result in substantial damage to the interests of the state, the president can declare the state of emergency in any part of suriname, subject to previous consent of the national assembly. the president shall not declare the state of emergency to be terminated, except with previous consent of the national assembly. this consent is not required when consultation with the national assembly has, as a result of force majeure, appeared to be impossible. article 103 agreements with other powers and with organizations based on international law shall be concluded by, or by authority of, the president and shall be, insofar as the agreements require, ratified by the president. these agreements shall be communicated to the national assembly as soon as possible; they shall not be ratified and they shall not enter into force until they have received the approval of the national assembly. article 104 approval shall be given either explicitly or implicitly. explicit approval shall be given by law. implicit approval has been given if, within thirty days after the agreement has been submitted for that purpose to the national assembly, no statement has been made by the national assembly expressing the wish that the agreement be subject to explicit approval. the law determines the cases in which no approval is required. article 105 the provisions of the agreements mentioned in article 103 which may be directly binding on anyone, shall become effective upon promulgation. article 106 legal regulations in force in the republic of suriname shall not apply, if this application should be incompatible with provisions that are directly applicable to anyone, to agreements entered into either before or after the enactment of the regulations. article 107 the law shall regulate the publication of agreements and of decisions of international organizations. article 108 on proposal of the government, the president confers honorary orders of the republic of suriname upon people who are eligible thereto. article 109 the president shall have the right to grant pardons for penalties inflicted by judicial sentence. he shall exercise this right after having ascertained the opinion of the judge, who had taken the judicial sentence. article 110. powers with regard to other organs the president furthermore has the powers; to constitute the council of ministers, after consultation, including with regard to the results of the elections; to direct the preparatory work for the government programme; to direct the activities of the state council; if required, to convene and to lead the meetings of the council of ministers; to appoint and remove ministers from office; to ratify approved bills and propose state decrees; to suspend decisions of the council of ministers, and of ministers; to appoint to suspend and to discharge any person to whom a public service is entrusted, inasmuch as appointing, suspending or discharging has not assigned to another state institution. article 111. powers in international relations in international relations the president has the power: to appoint, to discharge, to replace and to suspend diplomatic representatives of the republic of suriname; to accredit or not to accredit diplomatic representatives of other states; to accept letters of accreditation of foreign diplomatic representatives. article 112 all other matters relating to the president shall be regulated by law. chapter xiii. the council of state, the government, the council of ministers and the members of the council of ministers first section. the council of state article 113 there is a council of state, whose composition and powers shall be regulated by law. the president is chairman of the council of state. article 114 on assuming office the members of the council of state shall take the following oath or make the following promise before the president: “i swear (promise) that in order to be appointed member of the council of state, i have not given or promised, nor will i give or promise, anything, directly or indirectly, to anyone whomsoever, under whatsoever name or pretext. i swear (promise) that in order to do or to refrain from doing anything whatsoever in this office, i will not accept, directly or indirectly, any promises or presents from anyone whomsoever. i swear (promise) that i will perform my duties and that i will not make public the things of which i have taken cognizance, through my appointment as member of the council of state, and which are entrusted to me as secret, or of which i should understand the confidential character, except to those persons to whom i am obliged by law ex officio to communicate them. i swear (promise) obedience to the constitution and all other rules of law. i swear (promise) allegiance to the republic of suriname. so help me, god almighty (that i declare and promise).” article 115. powers of the council of state the council of state has without prejudice to what is regulated by law the following powers: to advise the president in execution of his office of head of state and head of government; to advise the government on general policy matters and on the content of bills, as well as agreements under international law for which the consent of the national assembly is required; to advise the government on proposed state decrees; to pass its own standing orders, which shall be determined by state decree; to advise the government on proposals of general administrative measures; repealed. second section. the government article 116 the president with the vice-president and the council of ministers form the government. the vice-president is charged with the day-to-day management of the council of ministers and is as such responsible to the president. the government is responsible to the national assembly. article 117 the government draft state decrees. provisions which are enforceable by penalties shall not be made by such state decree unless it is pursuant to the law. the law regulates the applicable punishment. article 118 the manner of promulgation of laws and state decrees and the moment at which they became effective shall be regulated by law. third section. the council of ministers article 119 the council of ministers is the highest executive and administrative organ of the government. the ministers together form the council of ministers, which is presided by the vice-president. the council of ministers has at least one deputy chairman. article 120 the meetings of the council of ministers may be attended by specialized and/or technical experts at the invitation of the chairman. article 121 the council of ministers is under the obligation to assist in the procurement of information to the council of state for the execution of its advisory and supervisory task. article 122. tasks of the council of ministers subject to that which is laid down in the rules of order of the council, that council of ministers has as tasks: to execute the policy determined by the government to prepare legislative acts and administrative regulation; to supervise the correct execution of decrees when their execution is entrusted to it; to prepare and to execute an efficient policy; to give direction to administrative organs and to supervise administrative functions of local organs by means of the suitable ministerial debarments. article 123. tasks of the members of the council of minister the members of the council of ministers shall be charged with leading their respective ministerial departments and with the tasks appointed to them by the rules of order of the council of ministers and by other regulations. the ministers are answerable to the president. fourth section. under-ministries article 124 the president may appoint to a ministerial department one or more under-ministers who, in cases the minister deems necessary, may act as minister in his stead, observant of his directions. the under-minister is on that account responsible to the president, without prejudice to the responsibility of the minister. article 125 on assuming office, the ministers and under-ministers shall take the following oath or make the following promise before the president: “i swear (promise) that in order to be appointed minister (under-minister) i have not given or promised, nor will i give or promise, anything, directly or indirectly, to anyone whomsoever, under whatsoever name or pretext. i swear (promise) that in order to do or to refrain from doing anything whatsoever in this office, i will not accept, directly or indirectly, any promises or presents from anyone whomsoever. i swear (promise) that i will faithfully perform all the duties which the office of a minister lays upon me. i swear (promise) that i will promote the well-being of suriname to the best of my abilities. i swear (promise) obedience to the constitution and all other legal rules. i swear (promise) allegiance to the republic of suriname. so help me, god almighty (that i declare and promise).” article 126 the law regulates the financial provisions for the benefit of the ministers, the under-ministers, and former ministers and former under-ministers and of their surviving relatives. article 127 the standing orders for the council of ministers shall be determined by state decree. chapter xiv. the national security council first section. in general article 128 there shall be a national security council, which can commence its activities after the duly authorized institutions have decided to declare the state of war, threat of war, or the state of siege in case of military aggression, and the state of civil and military emergency. second section. composition of the security council article 129 the security council shall consist of: the president, as chairman; the vice-president, as deputy chairman; the minister in charge of legal affairs; the minister in charge of defense; another member of the council of ministers; the commander of the national army; the chief of police of the police corps of suriname. article 130 the security council shall protect the sovereignty and the domestic security of the republic of suriname and is endowed with special powers with regard to the external and domestic security of the republic of suriname in case of war, danger of war or state of siege and other extraordinary circumstances, to be defined by the law. chapter xv. the legal system first section. general provisions article 131 in suriname justice shall be administered in the name of the republic. no act shall be punishable other than by virtue of a previously determined legal rule. every interference in investigation or prosecution and in cases pending in court shall be forbidden. article 132 civil and commercial law, civil and military penal law and procedure shall be regulated by law in general codes, without prejudice to the power of the legislature to regulate certain subjects in separate laws. second section. the judiciary article 133 the judicial power is formed by the president and the vice-president of the court of justice, the members and the deputy members of the court of justice, the attorney-general with the court of justice, and the other members of the public prosecutors office, and of other judicial functionaries indicated by law. the law may provide that persons not belonging to the judicial power shall also take part in the activities of the judicial power. the president, the vice-president, the members and the deputy members of the court of justice constitute the judicial power that is charged with the administration of justice. article 134 the cognizance and adjudication of all lawsuits is exclusively entrusted to the judicial power, save when the law appoints another judge. the pronouncement of punishment and of measures provided by law is also entrusted to the judicial power that is charged with the administration of justice, subject to exceptions made by law, which, when concerning imprisonment, may only relate to military penal and disciplinary law. article 135 the decision of lawsuits not arising from civil law relations may be referred by law to administrative judges. the law shall regulate the procedure of deciding and the consequences of such decision. in the cases indicated in the previous paragraph the administrative appeal can also be made available. that appeal shall only exclude the competence of the judicial power insofar as this stems from the law. article 136 all judgements shall state the grounds upon which they are decided, and in penal cases they shall also indicate the articles of the legal regulations upon which the condemnation is based. the court sessions shall be public, subject to exceptions made by the law. for punishable acts designated by law for which no imprisonment is provided as sanctioned, the provision in the first paragraph may be departed from. the pronouncement of sentence shall take place in public. article 137 insofar as the judge considers the application of a legal rule in the particular case brought before him to be contrary to one or more constitutional rights mentioned in chapter v, the application in that case shall be declared unwarranted by him. third section. composition of the judicial power article 138 the law shall determine the organization, the composition and the jurisdiction of the judicial power. article 139 the supreme instance of the judicial power entrusted with the administration of justice is called the court of justice of suriname. the court shall supervise the regular course and settlement of all lawsuits. article 140 those who hold political office shall be liable to trial before the high court, even after their retirement, for indictable acts committed in discharging their official duties. proceedings are initiated against them by the attorney-general after they have been indicted by the national assembly in a manner to be determined by law. it may be determined by law that members of the high boards of state and other officials shall be liable to trial for punishable acts committed in the exercise of their functions. article 141 to be appointed as a member of the judicial power entrusted with the administration of justice or as attorney-general with the court of justice, one shall be at least thirty years of age and possess suriname nationality and have domicile and main and real residence in suriname. the members of the judicial power entrusted with the administration of justice and the attorney-general with the court of justice shall be appointed by the government, after consultation of the court of justice. the appointment of the president, vice-president, the members of the court of justice and the attorney-general shall be for life. the law determines the other conditions for appointment and also the financial provision for their benefit and that of their surviving relatives. article 142 the member of the judicial power entrusted with the administration of justice and the attorney-general with the court of justice are discharged by the government: on their request; when reaching the age of retirement. the persons mentioned in the first paragraph may be discharged on the proposal of the court of justice: o when they have been placed under legal restraint; o in case of proven continuous mental disorder; o if they have been sentenced to an irrevocable detention for having committed a punishable act; o if they have been declared bankrupt; o when they have obtained a moratium or are under court custody for their civil debts; o on the grounds of serious misconduct or immorality or in case of proven coninuous negligence in the fulfillment of their office. article 143 if the president is of the opinion that one of the reasons for discharge as mentioned in article 142, paragraph (2) are present, he can suspend the person in question and he can also provide for a temporary replacement in that office. the law regulates the consequences of the suspension and discharge from the office. fourth section. the constitutional court article 144 there shall be a constitutional court which is an independent body composed of a president, vice-president and three members, who -as well as the three deputy members -shall be appointed for a period of five years at the recommendation of the national assembly. the tasks of the constitutional court shall be: to verify the purport of acts or parts thereof against the constitution, and against applicable agreements concluded with other states and with international organization; to assess the consistency of decisions of government institutions with one or more of the constitutional rights mentioned in chapter v. in case the constitutional court decides that a contradiction exists with one or more provisions of the constitution or an agreement as referred to in paragraph 2 sub a, the act or parts thereof, or those decisions of the government institutions shall not be considered binding. further rules and regulations concerning the composition, the organization and procedures of the court, as well as the legal consequences of the decisions of the constitutional court, shall be determined by law. fifth section. the public prosecution article 145 the public prosecutor’s office is to the exclusion of all other organs responsible for the investigation and is charged with the prosecution of all punishable acts. the law can derogate from this principle for the criminal procedure with regard to the military. article 146 the public prosecution with the court of justice shall be exercised by or for the attorney-general. the attorney-general represents the republic of suriname before courts of law. he is the head of the public prosecutor’s office and is at the same time charged with the court police. he has the powers to give to the officers who are entrusted with police tasks, instructions towards preventing, detecting and researching punishable acts, which he deems necessary in the interests of sound justice. article 147 the attorney-general supervises the correct execution of the tasks of the police. he has the power to make any proposal that he considers practical in that regard. article 148 the government determines the general prosecution policy. the government may in specific instances give the attorney-general orders with regard to prosecution, in the interest of state security. chapter xvi. supervision of the expenditure of state finances article 149 an institution shall be established by law which shall have as task to supervise the expenditure of state finances as well as to control the management of government means in the broadest sense shall be created by law. supervision and control shall be exercised on the justification as well as on the effectiveness of the expenditure and management of the state finances. article 150 the chairman, the members and the deputy members are appointed by the president for a period of five years, on proposal of the national assembly. article 151 the organ mentioned in article 149 shall periodically, however at least once per year, report on the supervision it exercises to the national assembly, the council of state and the government. the report shall be made public. article 152 other matters pertaining to the composition, the organization and the authority of this organ, shall be regulated by law. chapter xvii. advisory councils article 153 one or more advisory councils for the benefit of the government shall be created by a law, which will also contain rules on their appointment, composition, procedures and authority. chapter xviii. the financial and monetary system article 154 the structure of the financial system shall be organized by law in such a way, that by saving and by correct allocation of the necessary financial means, investments in the productive sector shall be promoted. the law shall lay down rules concerning the monetary system and the central bank. the law shall lay down rules concerning insurance and banking services. conditions for the manner in which the state obtains loans shall be regulated by law. chapter xix. taxes article 155 taxes are levied by virtue of the law, which regulates the rate of taxation, tariffs, dispensations and guarantees for taxpayers. no privilege with regard to taxes shall be permitted other than by virtue of the law. article 156. the budget the manner in which the annual budget is prepared, drafted and executed and the period for which it is valid are regulated by law. all expenditures of the state and the means for the defrayal thereof shall be estimated in the budget. annually, at the latest on the first working day of october the budget shall be submitted to the national assembly in one or more proposals of law in accordance with the law and with the government development plan. on the occasion of the submission of the budget proposal by the government to the national assembly, the president will address the national assembly in a special session. a. the budget shall become effective starting january 1st of the fiscal year to which it relates. b. it shall be considered to have become effective from that day, notwithstanding it could have been promulgated thereafter. as long as that has not occurred, the budget of the fiscal year preceding the year in question shall serve as basis for the management. a. the closing of the accounts shall be decided by law for each fiscal year separately. b. the justification of revenue and of expenditure of the state is done before the national assembly following legal prescriptions and with submission of the accounts reviewed by an independent organ to be created by law. chapter xx. the public administration article 157 the structure of the administrative organs of government shall be such that they can bring their services close to the people in order to assure the participation of those concerned with what is happening and in order to avoid bureaucratism. suitable forms of administrative decentralization shall be created by law, taking efficiency into consideration and without diminishing the unity of action or the powers of the government to give guidance and to exercise supervision. administrative procedures shall be created by law, which will ensure the rationality of the methods used by the ministerial departments, as well as the participation of the citizens in the process of decision making or in the debates that concern them. article 158 everyone shall have the right to be informed by the organs of government administration on the advancement in the handling of cases in which he has a direct interest and on measures taken with regard to him. interested parties shall have the right to submit to the court for reassessment any final and enforceable act by agencies of public administration, which is believed to be unlawful. in disciplinary procedures the right of interested parties to reply shall be guaranteed. chapter xxi. the regional governments first section. in general article 159 the democratic order of the republic of suriname comprises inferior government organs on the regional level, whose function, organization, competence and operation mode shall be regulated by law in accordance with the principles of participatory democracy and decentralization of administration and legislation. second section. demarcation of the territory article 160 the partitioning of the territory into districts and of districts into departments shall be regulated by law. the following criteria shall apply for the partitioning in districts and departments: o the concentration of the population; o the potential for development; o the feasibility of administering the territory; o the availability of infrastructure; o the location of the center of administration. the boundaries of the districts are the boundaries indicated in the decree “districtenindeling 1983" (s.b. 1983 nr. 24). third section. regional representation article 161 there are two representative bodies on the regional level: the district councils and the local councils. the district council is the supreme political-administrative organ of the district. the local council is the supreme political-administrative institution of the administrative jurisdiction. article 162. district councils the composition of the district councils shall be established after general, free and secret elections in the administrative jurisdiction of the district concerned. the seats in the district council are given to the representative political organizations with a seat in the local councils of the district concerned, in proportion to the total number of seats they acquired in the local councils. article 163. local councils the composition of the local councils takes place after general, free and secret elective franchise within the administrative jurisdiction. the order of election of the representatives is determined by the counting order of received personal votes. all available seats shall be so granted. without prejudice to other legal requirements with regard to eligibility in representative bodies, the candidates for a local council or a district council shall have their main and real residence in the district or administrative jurisdiction. fourth section. jurisdiction article 164 the regional representative bodes and the regional administrative organs participate in the preparation, creation and the execution of the plans for district and administrative jurisdictions. other specific tasks shall be regulated by law. article 165 the financial provisions for the districts and administrative jurisdictions shall be determined by law; they envisage among other things to promote the reasonable and equitable division of funds in the districts. article 166 the government exercises supervision over the districts, in the manner and in the cases provided by law. fifth section. procedures article 167 the district councils and local councils express the will and the aspiration of the inhabitants. the district councils shall manifest those to the national assembly, whereas the local councils shall do so to the district councils. the district councils shall be bound to inform the local councils about measures taken or opinions that are held, which concern the local councils. this obligation shall also apply to local councils in relation to the district council. article 168 the opportunity shall be granted to the elected district representatives to participate in the formulation and the creation of the national and regional development policy. the district council shall have the power to delegate its representatives to participate in the development council for the national development. the district councils shall have the power to forward proposals that concern their own district for further treatment to the ministerial departments concerned. chapter xxii. regional legislation article 169 the provision of regulations and administration of the affairs of the district shall be left to the district council. the district council shall make the district-ordinances which it considers necessary in the interest of the district subject to the limits of the constitution and the laws and administrative measures of the government. it shall be indicated by law with regard to which subjects the district councils shall have legislative powers. article 170 the district-ordinances shall be notified to the national assembly, the government, the council of state in the local district commissioner, before they become effective. the population of the district shall be informed about the contents of the district ordinances through their publication in local newspapers and in the official journal of the republic of suriname and by keeping them available for reading at the office of the district commissioner. article 171 after the publication as mentioned in article 170 everyone shall have the opportunity to lodge complaints against the district ordinances with the national assembly. article 172 if a district ordinance is contrary to the constitution, the government programme or the existing laws, the national assembly can annul it. the district council shall have the power to commence the procedure of making the district ordinance effective and of promulgating it, in a manner that shall be decide by law, if the national assembly has notified the district council in writing within six weeks after the district ordinance was submitted to it, that no complaints were lodged with it. article 173 the measures taken by the district council which do not contain general rules, shall and under strict supervision exercised by the government. if those measures are considered to be in contravention of the government program or the national interest, the president shall suspend them. if, after the suspension by the council of state, the district council in question should think that there is no violation of the government program or the national interest, the dispute is submitted to the national assembly, which makes a final binding decision. chapter xxiii. regional authorities article 174 in every district there shall be a district administration. the district administration is the executive organ of the district. the district administration consists of the district commissioner and the representatives of the ministerial departments in the district. article 175 the district administration is entrusted with the daily administration of the district. article 176 repealed. chapter xxiv. army and police first section. the national army article 177 the national army shall have as its task the defense of the sovereignty and the territorial integrity of suriname against foreign, military, armed aggression. without prejudice to the provisions of the previous paragraph, the army can be charged with special tasks to be defined by law. the army shall carry out its tasks under the responsibility of and in subordination to the competent authority and in accordance with the prevailing legislation. the organization of the national army and the legal status of the servicemen shall be defined by law. second section. the police corps of suriname article 178 the police shall have as task: to maintain public order and domestic security, to prevent violations thereof, and to protect persons and goods. to investigate punishable acts and to enforce the observance of regulations, the breach of which shall be punishable by law. without prejudice to the provisions of the previous paragraph, the police can be charged with special tasks to be defined by law. the police corps shall carry out its task under the responsibility of and in subordination to the competent authority and in accordance with the prevailing legislation. the organization of the police corps of suriname and the legal status of the police officers shall be defined by law. article 179 servicemen or the police officers who become a member of one of the people's representative bodies shall be suspended from duty by law. rules with regard to making views or feelings public, or to using the right of association, assembly and demonstration by servicemen and police officers shall be defined by law. chapter xxv. defense of the state article 180 the defense policy is vested in the government. the protection of the state is a fundamental duty of every citizen. military service is obligatory for a certain period, under conditions to be regulated by law. civil service is obligatory under conditions to be regulated by law, as a substitute or complement to military service. persons who are found to be unsuited for military service of conscientious objectors can, under conditions to be laid down by law, perform unarmed military or civil service fitting for their situation. without prejudice to further sanctions to be determined by law, a citizen who intentionally fails to perform military or civil service when given the opportunity to do so, shall not fulfill or maintain a function in government or public service. a citizen who performs military or civil service shall not be deemed to damage this legal position or further career development or to infringe secondary labor conditions. repealed. chapter xxvi. the people’s assembly article 181 the people’s assembly consists of: the national assembly; the district councils; the local councils. the people's assembly shall convene for the third vote: in case of amending of the constitution with regard to the powers and tasks of the representatives in the several representative bides, whereto the consent of at least 2/3 of the number of valid votes is required, if that majority cannot be obtained after two rounds of voting in the national assembly. for the election of the president and the vice-president, in case none of the candidates has obtained the constitutional majority after two rounds of voting in the national assembly, in case a decision shall be taken by law by absolute majority with regard to the possible discharge of the president, if the national assembly does not reach consensus on the matter. repealed. decisions in the people's assembly shall be taken by ordinary majority of the votes cast, if more than half of the number of functioning members of the bodies referred to in paragraph 1, are present. chapter xxvii. transitional and final provisions first section. former constitutional law article 182 the rules of the constitution of 25 november 1975, the application of which was suspended on 13 august 1980, shall cease to exist when this constitution becomes effective. second section. former common law article 183 the legal regulations, such as they existed before this constitution shall become effective, including the laws and decrees promulgated after 25 february 1980, shall remain in force, until they will have been replaced by other rules according to this constitution, under stipulation that they shall, insofar as they may be contrary to the constitution, be brought in harmony with this constitution, not later than by the end of the first period of session of the national assembly, failing which they shall lose their force of law. chapter xxviii. repealed third section. coming into force of institutions of government article 184 the national assembly commences is activities within 30 days after the results of the election. the national assembly chooses the president and the vice-president of the republic of suriname within 30 days after the commencement of the session period of the national assembly. article 185 repealed. chapter xxix. ratification, promulgation and effective date article 186 the constitution of the republic of suriname shall have as date the date of the plebiscite whereby the people of suriname approved it. the decision whereby the constitution is approved by the people of suriname, shall be ratified by the president and formally promulgated, not later than 30 days after its approval. thus the constitution has come into force on october 30, 1987. preamble we the people of the united states, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the united states of america. article i section 1 all legislative powers herein granted shall be vested in a congress of the united states, which shall consist of a senate and house of representatives. section 2 the house of representatives shall be composed of members chosen every second year by the people of the several states, and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature. no person shall be a representative who shall not have attained to the age of twenty five years, and been seven years a citizen of the united states, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen. representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding indians not taxed, three fifths of all other persons. the actual enumeration shall be made within three years after the first meeting of the congress of the united states, and within every subsequent term of ten years, in such manner as they shall by law direct. the number of representatives shall not exceed one for every thirty thousand, but each state shall have at least one representative; and until such enumeration shall be made, the state of new hampshire shall be entitled to chuse three, massachusetts eight, rhode-island and providence plantations one, connecticut five, new-york six, new jersey four, pennsylvania eight, delaware one, maryland six, virginia ten, north carolina five, south carolina five, and georgia three. when vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies. the house of representatives shall chuse their speaker and other officers; and shall have the sole power of impeachment. section 3 the senate of the united states shall be composed of two senators from each state, chosen by the legislature thereof, for six years; and each senator shall have one vote. immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. the seats of the senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies. no person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the united states, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen. the vice president of the united states shall be president of the senate, but shall have no vote, unless they be equally divided. the senate shall chuse their other officers, and also a president pro tempore, in the absence of the vice president, or when he shall exercise the office of president of the united states. the senate shall have the sole power to try all impeachments. when sitting for that purpose, they shall be on oath or affirmation. when the president of the united states is tried, the chief justice shall preside: and no person shall be convicted without the concurrence of two thirds of the members present. judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the united states: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law. section 4 the times, places and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof; but the congress may at any time by law make or alter such regulations, except as to the places of chusing senators. the congress shall assemble at least once in every year, and such meeting shall be on the first monday in december, unless they shall by law appoint a different day. section 5 each house shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each house may provide. each house may determine the rules of its proceedings, punish its members for disorderly behaviour, and, with the concurrence of two thirds, expel a member. each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either house on any question shall, at the desire of one fifth of those present, be entered on the journal. neither house, during the session of congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. section 6 the senators and representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the united states. they shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place. no senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the united states, which shall have been created, or the emoluments whereof shall have been encreased during such time; and no person holding any office under the united states, shall be a member of either house during his continuance in office. section 7 all bills for raising revenue shall originate in the house of representatives; but the senate may propose or concur with amendments as on other bills. every bill which shall have passed the house of representatives and the senate, shall, before it become a law, be presented to the president of the united states: if he approve he shall sign it, but if not he shall return it, with his objections to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. if after such reconsideration two thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two thirds of that house, it shall become a law. but in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. if any bill shall not be returned by the president within ten days (sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the congress by their adjournment prevent its return, in which case it shall not be a law. every order, resolution, or vote to which the concurrence of the senate and house of representatives may be necessary (except on a question of adjournment) shall be presented to the president of the united states; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the senate and house of representatives, according to the rules and limitations prescribed in the case of a bill. section 8 the congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defence and general welfare of the united states; but all duties, imposts and excises shall be uniform throughout the united states; to borrow money on the credit of the united states; to regulate commerce with foreign nations, and among the several states, and with the indian tribes; to establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the united states; to coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures; to provide for the punishment of counterfeiting the securities and current coin of the united states; to establish post offices and post roads; to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries; to constitute tribunals inferior to the supreme court; to define and punish piracies and felonies committed on the high seas, and offences against the law of nations; to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water; to raise and support armies, but no appropriation of money to that use shall be for a longer term than two years; to provide and maintain a navy; to make rules for the government and regulation of the land and naval forces; to provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions; to provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the united states, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by congress; to exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of congress, become the seat of the government of the united states, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings;-and to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the united states, or in any department or officer thereof. section 9 the migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person. the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. no bill of attainder or ex post facto law shall be passed. no capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken. no tax or duty shall be laid on articles exported from any state. no preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another; nor shall vessels bound to, or from, one state, be obliged to enter, clear, or pay duties in another. no money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time. no title of nobility shall be granted by the united states: and no person holding any office of profit or trust under them, shall, without the consent of the congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state. section 10 no state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make any thing but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility. no state shall, without the consent of the congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws: and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the united states; and all such laws shall be subject to the revision and control of the congress. no state shall, without the consent of congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. article ii section 1 the executive power shall be vested in a president of the united states of america. he shall hold his office during the term of four years, and, together with the vice president, chosen for the same term, be elected, as follows: each state shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of senators and representatives to which the state may be entitled in the congress: but no senator or representative, or person holding an office of trust or profit under the united states, shall be appointed an elector. the electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with themselves. and they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the government of the united states, directed to the president of the senate. the president of the senate shall, in the presence of the senate and house of representatives, open all the certificates, and the votes shall then be counted. the person having the greatest number of votes shall be the president, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the house of representatives shall immediately chuse by ballot one of them for president; and if no person have a majority, then from the five highest on the list the said house shall in like manner chuse the president. but in chusing the president, the votes shall be taken by states, the representatives from each state having one vote; a quorum for this purpose shall consist of a member or members from two thirds of the states, and a majority of all the states shall be necessary to a choice. in every case, after the choice of the president, the person having the greatest number of votes of the electors shall be the vice president. but if there should remain two or more who have equal votes, the senate shall chuse from them by ballot the vice-president. the congress may determine the time of chusing the electors, and the day on which they shall give their votes; which day shall be the same throughout the united states. no person except a natural born citizen, or a citizen of the united states, at the time of the adoption of this constitution, shall be eligible to the office of president; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen years a resident within the united states. in case of the removal of the president from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the vice president, and the congress may by law provide for the case of removal, death, resignation or inability, both of the president and vice president, declaring what officer shall then act as president, and such officer shall act accordingly, until the disability be removed, or a president shall be elected. the president shall, at stated times, receive for his services, a compensation, which shall neither be encreased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the united states, or any of them. before he enter on the execution of his office, he shall take the following oath or affirmation:-"i do solemnly swear (or affirm) that i will faithfully execute the office of president of the united states, and will to the best of my ability, preserve, protect and defend the constitution of the united states." section 2 the president shall be commander in chief of the army and navy of the united states, and of the militia of the several states, when called into the actual service of the united states; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offences against the united states, except in cases of impeachment. he shall have power, by and with the advice and consent of the senate, to make treaties, provided two thirds of the senators present concur; and he shall nominate, and by and with the advice and consent of the senate, shall appoint ambassadors, other public ministers and consuls, judges of the supreme court, and all other officers of the united states, whose appointments are not herein otherwise provided for, and which shall be established by law: but the congress may by law vest the appointment of such inferior officers, as they think proper, in the president alone, in the courts of law, or in the heads of departments. the president shall have power to fill up all vacancies that may happen during the recess of the senate, by granting commissions which shall expire at the end of their next session. section 3 he shall from time to time give to the congress information on the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the united states. section 4 the president, vice president and all civil officers of the united states, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. article iii section 1 the judicial power of the united states, shall be vested in one supreme court, and in such inferior courts as the congress may from time to time ordain and establish. the judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office. section 2 the judicial power shall extend to all cases, in law and equity, arising under this constitution, the laws of the united states, and treaties made, or which shall be made, under their authority;-to all cases affecting ambassadors, other public ministers and consuls;-to all cases of admiralty and maritime jurisdiction;-to controversies to which the united states shall be a party;-to controversies between two or more states;-between a state and citizens of another state;-between citizens of different states;-between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects. in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the supreme court shall have original jurisdiction. in all the other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the congress shall make. the trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the congress may by law have directed. section 3 treason against the united states, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. no person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. the congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted. article iv section 1 full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. and the congress may by general laws prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof. section 2 the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. a person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime. no person held to service or labour in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labour, but shall be delivered up on claim of the party to whom such service or labour may be due. section 3 new states may be admitted by the congress into this union; but no new state shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned as well as of the congress. the congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the united states; and nothing in this constitution shall be so construed as to prejudice any claims of the united states, or of any particular state. section 4 the united states shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence. article v the congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the senate. article vi all debts contracted and engagements entered into, before the adoption of this constitution, shall be as valid against the united states under this constitution, as under the confederation. this constitution, and the laws of the united states which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the united states, shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding. the senators and representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the united states and of the several states, shall be bound by oath or affirmation, to support this constitution; but no religious test shall ever be required as a qualification to any office or public trust under the united states. article vii the ratification of the conventions of nine states, shall be sufficient for the establishment of this constitution between the states so ratifying the same. done in convention by the unanimous consent of the states present the seventeenth day of september in the year of our lord one thousand seven hundred and eighty seven and of the independence of the united states of america the twelfth. in witness whereof we have hereunto subscribed our names, george washington, president and deputy from virginia new hampshire: john langdon, nicholas gilman. massachusetts: nathaniel gorham, rufus king. connecticut: wm. saml. johnson, roger sherman. new york: alexander hamilton. new jersey: wil: livingston, david brearley, wm. paterson, jona. dayton. pennsylvania: b. franklin, robt. morris, tho: fitzsimons, james wilson, thomas mifflin, geo. clymer, jared ingersoll, gouv: morris. delaware: geo: read, john dickinson, jaco: broom, gunning bedford, jun'r, richard bassett. maryland: james m'henry, danl carroll, dan: of st. thos. jenifer. virginia: john blair, james madison, jr. north carolina: wm. blount, hu. williamson, richâ��d dobbs spaight. south carolina: j. rutledge, charles pinckney, charles cotesworth pinckney, pierce butler. georgia: william few, abr. baldwin attest, william jackson, secretary. amendments. the bill of rights preamble the conventions of a number of the states having at the time of their adopting the constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: and as extending the ground of public confidence in the government, will best insure the beneficent ends of its institution resolved by the senate and house of representatives of the united states of america, in congress assembled, two thirds of both houses concurring, that the following articles be proposed to the legislatures of the several states, as amendments to the constitution of the united states, all or any of which articles, when ratified by three fourths of the said legislatures, to be valid to all intents and purposes, as part of the said constitution; viz.: articles in addition to, and amendment of the constitution of the united states of america, proposed by congress, and ratified by the legislatures of the several states, pursuant to the fifth article of the original constitution. amendment i congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. amendment ii a well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. amendment iii no soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. amendment iv the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. amendment v no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. amendment vi in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence. amendment vii in suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the united states, than according to the rules of the common law. amendment viii excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. amendment ix the enumeration in the constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. amendment x the powers not delegated to the united states by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. additional amendments amendment xi the judicial power of the united states shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the united states by citizens of another state, or by citizens or subjects of any foreign state. amendment xii the electors shall meet in their respective states and vote by ballot for president and vice-president, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as president, and in distinct ballots the person voted for as vice-president, and they shall make distinct lists of all persons voted for as president, and of all persons voted for as vice-president, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the united states, directed to the president of the senate;-the president of the senate shall, in the presence of the senate and house of representatives, open all the certificates and the votes shall then be counted;-the person having the greatest number of votes for president, shall be the president, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as president, the house of representatives shall choose immediately, by ballot, the president. but in choosing the president, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. and if the house of representatives shall not choose a president whenever the right of choice shall devolve upon them, before the fourth day of march next following, then the vice-president shall act as president, as in the case of the death or other constitutional disability of the president-the person having the greatest number of votes as vicepresident, shall be the vice-president, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the senate shall choose the vice-president; a quorum for the purpose shall consist of two-thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice. but no person constitutionally ineligible to the office of president shall be eligible to that of vice-president of the united states. amendment xiii section 1 neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the united states, or any place subject to their jurisdiction. section 2 congress shall have power to enforce this article by appropriate legislation. amendment xiv section 1 all persons born or naturalized in the united states and subject to the jurisdiction thereof, are citizens of the united states and of the state wherein they reside. no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the united states; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. section 2 representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding indians not taxed. but when the right to vote at any election for the choice of electors for president and vice president of the united states, representatives in congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the united states, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state. section 3 no person shall be a senator or representative in congress, or elector of president and vice president, or hold any office, civil or military, under the united states, or under any state, who, having previously taken an oath, as a member of congress, or as an officer of the united states, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the constitution of the united states, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. but congress may by a vote of two-thirds of each house, remove such disability. section 4 the validity of the public debt of the united states, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. but neither the united states nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the united states, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void. section 5 the congress shall have power to enforce, by appropriate legislation, the provisions of this article. amendment xv section 1 the right of citizens of the united states to vote shall not be denied or abridged by the united states or by any state on account of race, color, or previous condition of servitude. section 2 the congress shall have power to enforce this article by appropriate legislation. amendment xvi the congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration. amendment xvii the senate of the united states shall be composed of two senators from each state, elected by the people thereof, for six years; and each senator shall have one vote. the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislatures. when vacancies happen in the representation of any state in the senate, the executive authority of such state shall issue writs of election to fill such vacancies: provided, that the legislature of any state may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct. this amendment shall not be so construed as to affect the election or term of any senator chosen before it becomes valid as part of the constitution. amendment xviii section 1 after one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the united states and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited. section 2 the congress and the several states shall have concurrent power to enforce this article by appropriate legislation. section 3 this article shall be inoperative unless it shall have been ratified as an amendment to the constitution by the legislatures of the several states, as provided in the constitution, within seven years from the date of the submission hereof to the states by the congress. amendment xix the right of citizens of the united states to vote shall not be denied or abridged by the united states or by any state on account of sex. congress shall have power to enforce this article by appropriate legislation. amendment xx section 1 the terms of the president and vice president shall end at noon on the 20th day of january, and the terms of senators and representatives at noon on the 3d day of january, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin. section 2 the congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of january, unless they shall by law appoint a different day. section 3 if, at the time fixed for the beginning of the term of the president, the president elect shall have died, the vice president elect shall become president. if a president shall not have been chosen before the time fixed for the beginning of his term, or if the president elect shall have failed to qualify, then the vice president elect shall act as president until a president shall have qualified; and the congress may by law provide for the case wherein neither a president elect nor a vice president elect shall have qualified, declaring who shall then act as president, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a president or vice president shall have qualified. section 4 the congress may by law provide for the case of the death of any of the persons from whom the house of representatives may choose a president whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the senate may choose a vice president whenever the right of choice shall have devolved upon them. section 5 sections 1 and 2 shall take effect on the 15th day of october following the ratification of this article. section 6 this article shall be inoperative unless it shall have been ratified as an amendment to the constitution by the legislatures of three-fourths of the several states within seven years from the date of its submission. amendment xxi section 1 the eighteenth article of amendment to the constitution of the united states is hereby repealed. section 2 the transportation or importation into any state, territory, or possession of the united states for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited. section 3 this article shall be inoperative unless it shall have been ratified as an amendment to the constitution by conventions in the several states, as provided in the constitution, within seven years from the date of the submission hereof to the states by the congress. amendment xxii section 1 no person shall be elected to the office of the president more than twice, and no person who has held the office of president, or acted as president, for more than two years of a term to which some other person was elected president shall be elected to the office of the president more than once. but this article shall not apply to any person holding the office of president, when this article was proposed by the congress, and shall not prevent any person who may be holding the office of president, or acting as president, during the term within which this article becomes operative from holding the office of president or acting as president during the remainder of such term. section 2 this article shall be inoperative unless it shall have been ratified as an amendment to the constitution by the legislatures of three-fourths of the several states within seven years from the date of its submission to the states by the congress. amendment xxiii section 1 the district constituting the seat of government of the united states shall appoint in such manner as the congress may direct: a number of electors of president and vice president equal to the whole number of senators and representatives in congress to which the district would be entitled if it were a state, but in no event more than the least populous state; they shall be in addition to those appointed by the states, but they shall be considered, for the purposes of the election of president and vice president, to be electors appointed by a state; and they shall meet in the district and perform such duties as provided by the twelfth article of amendment. section 2 the congress shall have power to enforce this article by appropriate legislation. amendment xxiv section 1 the right of citizens of the united states to vote in any primary or other election for president or vice president for electors for president or vice president, or for senator or representative in congress, shall not be denied or abridged by the united states or any state by reason of failure to pay any poll tax or other tax. section 2 the congress shall have power to enforce this article by appropriate legislation. amendment xxv section 1 in case of the removal of the president from office or of his death or resignation, the vice president shall become president. section 2 whenever there is a vacancy in the office of the vice president, the president shall nominate a vice president who shall take office upon confirmation by a majority vote of both houses of congress. section 3 whenever the president transmits to the president pro tempore of the senate and the speaker of the house of representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the vice president as acting president. section 4 whenever the vice president and a majority of either the principal officers of the executive departments or of such other body as congress may by law provide, transmit to the president pro tempore of the senate and the speaker of the house of representatives their written declaration that the president is unable to discharge the powers and duties of his office, the vice president shall immediately assume the powers and duties of the office as acting president. thereafter, when the president transmits to the president pro tempore of the senate and the speaker of the house of representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the vice president and a majority of either the principal officers of the executive department or of such other body as congress may by law provide, transmit within four days to the president pro tempore of the senate and the speaker of the house of representatives their written declaration that the president is unable to discharge the powers and duties of his office. thereupon congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. if the congress, within twenty-one days after receipt of the latter written declaration, or, if congress is not in session, within twenty-one days after congress is required to assemble, determines by two-thirds vote of both houses that the president is unable to discharge the powers and duties of his office, the vice president shall continue to discharge the same as acting president; otherwise, the president shall resume the powers and duties of his office. amendment xxvi section 1 the right of citizens of the united states, who are eighteen years of age or older, to vote shall not be denied or abridged by the united states or by any state on account of age. section 2 the congress shall have power to enforce this article by appropriate legislation. amendment xxvii no law varying the compensation for the services of the senators and representatives shall take effect, until an election of representatives shall have intervened. preamble on the 25th of april 1974 the armed forces movement crowned the long years of resistance and reflected the deepest feelings of the portuguese people by overthrowing the fascist regime. freeing portugal from dictatorship, oppression and colonialism was a revolutionary change and the beginning of an historic turning point for portuguese society. the revolution restored their fundamental rights and freedoms to the people of portugal. in the exercise of those rights and freedoms, the people's legitimate representatives have come together to draw up a constitution that matches the country's aspirations. the constituent assembly affirms the portuguese people's decision to defend national independence, guarantee fundamental citizens' rights, establish the basic principles of democracy, ensure the primacy of a democratic state based on the rule of law and open up a path towards a socialist society, with respect for the will of the portuguese people and with a view to the construction of a country that is freer, more just and more fraternal. meeting in plenary session on 2 april 1976, the constituent assembly does hereby pass and decree the following constitution of the portuguese republic: fundamental principles article 1. portuguese republic portugal shall be a sovereign republic, based on the dignity of the human person and the will of the people and committed to building a free, just and solidary society. article 2. democratic state based on the rule of law the portuguese republic shall be a democratic state based on the rule of law, the sovereignty of the people, plural democratic expression and organisation, respect for and the guarantee of the effective implementation of fundamental rights and freedoms, and the separation and interdependence of powers, all with a view to achieving economic, social and cultural democracy and deepening participatory democracy. article 3. sovereignty and legality sovereignty shall be single and indivisible and shall lie with the people, who shall exercise it in the forms provided for in this constitution. the state shall be subject to this constitution and shall be based on the democratic rule of law. the validity of laws and other acts of the state, the autonomous regions, local government and any other public bodies shall be dependent on their conformity with this constitution. article 4. portuguese citizenship all persons whom the law or international convention consider to be portuguese citizens shall be such citizens. article 5. territory portugal shall comprise that territory on the european mainland which is historically defined as portuguese, and the azores and madeira archipelagos. the law shall define the extent and limit of portugal's territorial waters, its exclusive economic zone and its rights to the adjacent seabed. without prejudice to the rectification of borders, the state shall not dispose of title to any part of portuguese territory or of the sovereign rights that it exercises thereover. article 6. unitary state the state shall be unitary and shall be organised and function in such a way as to respect the autonomous island system of self-government and the principles of subsidiarity, the autonomy of local authorities and the democratic decentralisation of the public administration. the azores and madeira archipelagos shall be autonomous regions with their own political and administrative statutes and self-government institutions. article 7. international relations in its international relations portugal shall be governed by the principles of national independence, respect for human rights, the rights of peoples, equality between states, the peaceful settlement of international conflicts, non-interference in the internal affairs of other states and cooperation with all other peoples with a view to the emancipation and progress of mankind. portugal shall advocate the abolition of imperialism, colonialism and all other forms of aggression, dominion and exploitation in the relations between peoples, as well as simultaneous and controlled general disarmament, the dissolution of the political-military blocs and the setting up of a collective security system, all with a view to the creation of an international order with the ability to ensure peace and justice in the relations between peoples. portugal shall recognise peoples' rights to self-determination and independence and to development, as well as the right to insurrection against all forms of oppression. portugal shall maintain privileged ties of friendship and cooperation with portuguese-speaking countries. portugal shall make every effort to reinforce the european identity and to strengthen the european states' actions in favour of democracy, peace, economic progress and justice in the relations between peoples. subject to reciprocity and to respect for the fundamental principles of a democratic state based on the rule of law and for the principle of subsidiarity, and with a view to the achievement of the economic, social and territorial cohesion of an area of freedom, security and justice and the definition and implementation of a common external, security and defence policy, portugal may enter into agreements for the exercise jointly, in cooperation or by the union's institutions, of the powers needed to construct and deepen the european union. with a view to achieving an international justice that promotes respect for the rights of both individual human persons and peoples, and subject to the provisions governing complementarity and the other terms laid down in the rome statute, portugal may accept the jurisdiction of the international criminal court. article 8. international law the rules and principles of general or common international law shall form an integral part of portuguese law. the rules set out in duly ratified or passed international agreements shall come into force in portuguese internal law once they have been officially published, and shall remain so for as long as they are internationally binding on the portuguese state. rules issued by the competent bodies of international organisations to which portugal belongs shall come directly into force in portuguese internal law, on condition that this is laid down in the respective constituent treaties. the provisions of the treaties that govern the european union and the rules issued by its institutions in the exercise of their respective responsibilities shall apply in portuguese internal law in accordance with union law and with respect for the fundamental principles of a democratic state based on the rule of law. article 9. fundamental tasks of the state the fundamental tasks of the state shall be: to guarantee national independence and create the political, economic, social and cultural conditions that promote it; to guarantee fundamental rights and freedoms and respect for the principles of a democratic state based on the rule of law; to defend political democracy and safeguard and encourage citizens' democratic participation in the resolution of national problems; to promote the people's well-being and quality of life and real equality between the portuguese, as well as the effective implementation of economic, social, cultural and environmental rights by means of the transformation and modernisation of economic and social structures; to protect and enhance the portuguese people's cultural heritage, defend nature and the environment, preserve natural resources and ensure proper town and country planning; to ensure education and permanent personal enhancement, and safeguard the use and promote the international dissemination of the portuguese language; to promote the harmonious development of the whole of portuguese territory, with particular regard to the ultraperipheral nature of the azores and madeira archipelagos; to promote equality between men and women. article 10. universal suffrage and political parties the people shall exercise political power by means of universal, equal, direct, secret and periodic suffrage, referendum and the other forms provided for in this constitution. political parties shall contribute to the organisation and expression of the will of the people, with respect for the principles of national independence, the unity of the state and political democracy. article 11. national symbols and official language the national flag, which shall be the symbol of the sovereignty of the republic and of portugal's independence, unity and integrity, shall be that adopted by the republic formed by the revolution of the 5th of october 1910. the national anthem shall be a portuguesa. the official language shall be portuguese. part i. fundamental rights and duties title i. general principles article 12. principle of universality every citizen shall enjoy the rights and be subject to the duties enshrined in this constitution. bodies corporate shall enjoy such rights and be subject to such duties as are compatible with their nature. article 13. principle of equality every citizen shall possess the same social dignity and shall be equal before the law. no one shall be privileged, favoured, prejudiced, deprived of any right or exempted from any duty on the basis of ancestry, sex, race, language, place of origin, religion, political or ideological beliefs, education, economic situation, social circumstances or sexual orientation. article 14. portuguese abroad portuguese citizens who find themselves or who reside abroad shall enjoy the state's protection in the exercise of such rights and shall be subject to such duties as are not incompatible with their absence from the country. article 15. foreigners, stateless persons, european citizens foreigners and stateless persons who fund themselves or who reside in portugal shall enjoy the same rights and be subject to the same duties as portuguese citizens. political rights, the exercise of public offices that are not predominantly technical in nature, and the rights that this constitution and the law reserve exclusively to portuguese citizens shall be excepted from the provisions of the previous paragraph. with the exceptions of appointment to the offices of president of the republic, president of the assembly of the republic, prime minister and president of any of the supreme courts, and of service in the armed forces and the diplomatic corps, in accordance with the law and subject to reciprocity, such rights as are not otherwise granted to foreigners shall apply to citizens of portuguese-speaking states who reside permanently in portugal. subject to reciprocity, the law may grant foreigners who reside in portugal the right to vote for and stand for election as local councillors. subject to reciprocity, the law may also grant citizens of european union member states who reside in portugal the right to vote for and stand for election as members of the european parliament. article 16. scope and interpretation of fundamental rights the fundamental rights enshrined in this constitution shall not exclude such other rights as may be laid down by law and in the applicable rules of international law. the provisions of this constitution and of laws concerning fundamental rights shall be interpreted and construed in accordance with the universal declaration of human rights. article 17. rules governing rights, freedoms and guarantees the set of rules governing rights, freedoms and guarantees shall apply to those set out in title ii and to fundamental rights of a similar nature. article 18. legal force this constitution's provisions with regard to rights, freedoms and guarantees shall be directly applicable to and binding on public and private persons and bodies. the law may only restrict rights, freedoms and guarantees in cases expressly provided for in this constitution, and such restrictions shall be limited to those needed to safeguard other rights and interests protected by this constitution. laws that restrict rights, freedoms and guarantees shall possess an abstract and general nature and shall not possess a retroactive effect or reduce the extent or scope of the essential content of the provisions of this constitution. article 19. suspension of the exercise of rights bodies that exercise sovereign power shall not jointly or separately suspend the exercise of rights, freedoms and guarantees, save in the case of a state of siege or a state of emergency declared in the form provided for in this constitution. a state of siege or a state of emergency may only be declared in part or all of portuguese territory in cases of actual or imminent aggression by foreign forces, a serious threat to or disturbance of constitutional democratic order, or public disaster. a state of emergency shall be declared when the preconditions referred to in the previous paragraph are less serious, and shall only cause the suspension of the some of the rights, freedoms and guarantees that are capable of being suspended. both the choice between a state of siege and a state of emergency and the declaration and implementation thereof shall respect the principle of proportionality and shall limit themselves, particularly as regards their extent and duration and the means employed, to that which is strictly necessary to promptly restore constitutional normality. declarations of a state of siege or a state of emergency shall set out adequate grounds therefore and shall specify the rights, freedoms and guarantees that are to be suspended. without prejudice to the possibility of renewal subject to the same limits, neither may last for more than fifteen days, or, in the event that it results from a declaration of war, for more than the duration determined by law. under no circumstances shall a declaration of a state of siege or a state of emergency affect the rights to life, personal integrity, personal identity, civil capacity and citizenship, the non-retroactivity of the criminal law, defendants' right to a defence, or freedom of conscience and religion. declarations of a state of siege or a state of emergency may only alter constitutional normality in the manner provided for in this constitution and the law. in particular, they shall not affect the application of the constitutional rules concerning the responsibilities and functioning of the bodies that exercise sovereign power or of the self-government bodies of the autonomous regions, or the rights and immunities of the holders of such offices. declarations of a state of siege or a state of emergency shall grant the public authorities the power and responsibility to take the appropriate steps needed to promptly restore constitutional normality. article 20. access to law and effective judicial protection everyone shall be guaranteed access to the law and the courts in order to defend those of his rights and interests that are protected by law, and justice shall not be denied to anyone due to lack of financial means. subject to the terms of the law, everyone shall possess the right to legal information and advice, to legal counsel and to be accompanied by a lawyer before any authority. the law shall define and ensure adequate protection of the secrecy of legal proceedings. everyone shall possess the right to secure a ruling in any suit to which he is a party, within a reasonable period of time and by means of fair process. for the purpose of safeguarding personal rights, freedoms and guarantees and in such a way as to secure effective and timely judicial protection against threats thereto or breaches thereof, the law shall ensure citizens judicial proceedings that are characterised by their swiftness and by the attachment of priority to them. article 21. right of resistance everyone shall possess the right to resist any order that infringes their rights, freedoms or guarantees and, when it is not possible to resort to the public authorities, to use force to repel any aggression. article 22. liability of public bodies jointly with their officeholders, staff and agents, the state and all other public bodies shall be civilly liable for such actions or omissions in the performance of their functions as result in a breach of rights, freedoms or guarantees or in any loss to others. article 23. ombudsman citizens may submit complaints against actions or omissions by the public authorities to the ombudsman, who shall assess them without the power to take decisions and shall send the competent bodies such recommendations as may be necessary in order to prevent or make good any injustices. the ombudsman's work shall be independent of any acts of grace or legal remedies provided for in this constitution or the law. the ombudsman's office shall be an independent body and the assembly of the republic shall appoint the ombudsman for such time as the law may determine. the bodies and agents of the public administration shall cooperate with the ombudsman in the fulfilment of his mission. title ii. rights, freedoms and guarantees chapter i. personal rights, freedoms and guarantees article 24. right to life human life shall be inviolable. the death penalty shall not exist under any circumstances. article 25. right to personal integrity every person's moral and physical integrity shall be inviolable. no one shall be subjected to torture or to cruel, degrading or inhuman treatment or punishment. article 26. other personal rights everyone shall possess the right to a personal identity, to the development of their personality, to civil capacity, to citizenship, to a good name and reputation, to their likeness, to speak out, to protect the privacy of their personal and family life, and to legal protection against any form of discrimination. the law shall lay down effective guarantees against the procurement and misuse of information concerning persons and families and its use contrary to human dignity. the law shall guarantee the personal dignity and genetic identity of the human person, particularly in the creation, development and use of technologies and in scientific experimentation. deprivation of citizenship and restrictions on civil capacity may only occur in such cases and under such terms as may be provided for by law, and shall not be based on political motives. article 27. right to freedom and security everyone shall possess the right to freedom and security. no one may be wholly or partially deprived of their freedom, except as a consequence of a judicial sentence imposed for the practise of an act that is punishable by law with a prison term or the imposition by a court of a security measure. the following cases of deprivation of freedom for such time and under such conditions as the law may determine shall be exceptions to this principle: detention in flagrante delicto; detention or remand in custody where there is strong evidence of the commission of a serious crime punishable by imprisonment for a maximum term of more than three years; the imposition of imprisonment, detention or any other coercive measure subject to judicial control, on a person who improperly entered or is improperly present in portuguese territory, or who is currently the object of extradition or deportation proceedings; the imposition of disciplinary imprisonment on military personnel. such imprisonment shall be subject to appeal to the competent court; the subjection of a minor to measures intended to protect, assist or educate him in a suitable establishment, when ordered by the competent court of law; detention under a court order for disobeying a court ruling or to ensure appearance before a competent judicial authority; detentions of suspects for identification purposes, in such cases and for such time as may be strictly necessary; committal of a person suffering from a psychic anomaly to an appropriate therapeutic establishment, when ordered or confirmed by a competent judicial authority. every person who is deprived of his freedom shall immediately be informed in an understandable manner of the reasons for his arrest, imprisonment or detention and of his rights. deprivation of freedom contrary to the provisions of this constitution and the law shall place the state under a duty to compensate the aggrieved person in accordance with the law. article 28. remand in custody within at most forty-eight hours, all detentions shall be submitted to judicial scrutiny with a view to either the detainee's release or the imposition of an appropriate coercive measure. the judge shall become acquainted with the reasons for the detention and shall inform the detainee thereof, question him and give him the opportunity to present a defence. remand in custody shall be exceptional in nature and shall not be ordered or maintained whenever it is possible to grant bail or apply another, more favourable measure provided for by law. notification of any court order that institutes or maintains a measure entailing the deprivation of freedom shall immediately be given to such relative or other person of trust as the detainee may nominate. remand in custody shall be subject to the time limits laid down by law. article 29. application of criminal law no one shall be sentenced under the criminal law unless the action or omission in question is punishable under the terms of a pre-existing law, nor shall any person be the object of a security measure unless the prerequisites therefore are laid down by a pre-existing law. the provisions of the previous paragraph shall not preclude the punishment up to the limits laid down by internal portuguese law of an action or omission which was deemed criminal under the general principles of commonly recognised international law at the moment of its commission. no sentence or security measure shall be applied unless it is expressly sanctioned in a pre-existing law. no one shall be the object of a sentence or security measure that is more severe than those provided for at the moment of the conduct in question, or at that at which the prerequisites for the application of such a measure were fulfilled. however, criminal laws the content of which is more favourable to the defendant shall be applied retroactively. no one shall be tried more than once for the same crime. citizens who are unjustly convicted shall possess the right to the review of their sentences and to compensation for such damages as they have suffered, as laid down by law. article 30. limits on sentences and security measures no sentence or security measure that deprives or restricts freedom shall be perpetual in nature or possess an unlimited or undefined duration. in cases of danger based on serious psychic abnormality in which therapy in an open environment is impossible, security measures that deprive or restrict freedom may be successively extended for such time as the psychic state in question is maintained, but always by means of a judicial ruling. criminal liability shall not be transferable. no sentence shall automatically result in the loss of any civil, professional or political right. convicted persons who are the object of a sentence or security measure that deprives them of their freedom shall retain their fundamental rights, subject only to such limitations as are inherent to their convictions and to the specific requirements imposed by the execution of the respective sentences. article 31. habeas corpus habeas corpus shall be available to counter the misuse of power in the form of illegal arrest, imprisonment or detention. application for it shall be made to the competent court. application for a habeas corpus order may be made by the person so arrested, imprisoned or detained, or by any citizen exercising his political rights. within eight days of an application for habeas corpus the judge shall rule thereon in a hearing that shall be subject to pleading and counter-pleading. article 32. safeguards in criminal proceedings criminal proceedings shall ensure all necessary safeguards for the defence, including the right to appeal. every defendant shall be presumed innocent until his sentence has transited in rem judicatam, and shall be brought to trial as quickly as is compatible with the safeguards of the defence. defendants shall possess the right to choose counsel and to be assisted by him in relation to every procedural act. the law shall specify those cases and phases of proceedings in which the assistance of a lawyer shall be mandatory. preliminary investigations shall be conducted entirely under the responsibility of a judge, who may, subject to the terms of the law, delegate the practise of such investigative acts as do not directly concern fundamental rights to other persons or bodies. criminal proceedings shall possess an accusatorial structure, and trial hearings and such preliminary investigative acts as the law may require shall be subject to the principle of pleading and counter-pleading. the law shall define the cases in which, subject to the safeguarding of the rights of the defence, the presence of the defendant or the accused at procedural acts, including trial hearings, may be dispensed with. victims shall possess the right to take part in proceedings, as laid down by law. all evidence obtained by torture, coercion, infringement of personal physical or moral integrity, improper intromission into personal life, the home, correspondence or telecommunications shall be deemed null and void. no case shall be withdrawn from a court that already had jurisdiction under an earlier law. defendants in proceedings concerning administrative offences or in any proceedings in which penalties may be imposed shall possess the right to be heard and to a defence. article 33. deportation, extradition and right of asylum portuguese citizens shall not be deported from portuguese territory. deportation of anyone who properly entered or is properly present in portuguese territory, has been granted a residence permit, or has submitted a request for asylum that has not been refused may only be ordered by a judicial authority. the law shall ensure expedite forms of ruling in such cases. the extradition of portuguese citizens from portuguese territory shall only be permissible where an international agreement has established reciprocal extradition arrangements, or in cases of terrorism or international organised crime, and on condition that the applicant state's legal system enshrines guarantees of a just and fair trial. extradition for crimes that are punishable under the applicant state's law by a sentence or security measure which deprives or restricts freedom in perpetuity or for an undefined duration, shall only be permissible in the event that the applicant state is a party to an international agreement in this domain to which portugal is bound, and offers guarantees that such a sentence or security measure will not be applied or executed. the provisions of the previous paragraphs shall not prejudice the application of such rules governing judicial cooperation in the criminal field as may be laid down under the aegis of the european union. no one shall be extradited or handed over under any circumstances for political reasons, or for crimes which are punishable under the applicant state's law by death or by any other sentence that results in irreversible damage to a person's physical integrity. extradition shall only be ordered by a judicial authority. the right of asylum shall be guaranteed to foreigners and stateless persons who are the object, or are under grave threat, of persecution as a result of their activities in favour of democracy, social and national liberation, peace among peoples, freedom or rights of the human person. the law shall define the status of political refugee. article 34. inviolability of home and correspondence personal homes and the secrecy of correspondence and other means of private communication shall be inviolable. entry into a citizen's home may only be ordered by the competent judicial authority and then only in such cases and in compliance with such forms as may be laid down by law. no one shall enter any person's home at night without his consent, save in situations of flagrante delicto, or with judicial authorisation in cases of especially violent or highly organised crime, including terrorism and trafficking in persons, arms or narcotics, as laid down by law. the public authorities shall be prohibited from interfering in any way with correspondence, telecommunications or other means of communication, save in such cases as the law may provide for in relation to criminal proceedings. article 35. use of computers every citizen shall possess the right to access to all computerised data that concern him, to require that they be corrected and updated, and to be informed of the purpose for which they are intended, all as laid down by law. the law shall define the concept of personal data, together with the terms and conditions applicable to its automatised treatment and its linkage, transmission and use, and shall guarantee its protection, particularly by means of an independent administrative body. computers shall not be used to treat data concerning philosophical or political convictions, party or trade union affiliations, religious beliefs, private life or ethnic origins, save with the express consent of the datasubject, with authorisation provided for by law and with guarantees of nondiscrimination, or for the purpose of processing statistical data that cannot be individually identified. third-party access to personal data shall be prohibited, save in exceptional cases provided for by law. the allocation of a single national number to any citizen shall be prohibited. everyone shall be guaranteed free access to public-use computer networks, and the law shall define both the rules that shall apply to cross-border data flows and the appropriate means for protecting personal data and such other data as may justifiably be safeguarded in the national interest. personal data contained in manual files shall enjoy the same protection as that provided for in the previous paragraphs, as laid down by law. article 36. family, marriage and filiation everyone shall possess the right to found a family and to marry on terms of full equality. the law shall regulate the requirements for and the effects of marriage and its dissolution by death or divorce, regardless of the form in which it was entered into. spouses shall possess equal rights and duties in relation to their civil and political capacity and to the maintenance and education of their children. children born outside wedlock shall not be the object of any discrimination for that reason, and neither the law, nor official departments or services may employ discriminatory terms in relation to their filiation. parents shall possess the right and the duty to educate and maintain their children. children shall not be separated from their parents, save when the latter do not fulfil their fundamental duties towards them, and then always by judicial order. adoption shall be regulated and protected by law, which shall lay down swift forms of completion of the necessary requirements. article 37. freedom of expression and information everyone shall possess the right to freely express and publicise his thoughts in words, images or by any other means, as well as the right to inform others, inform himself and be informed without hindrance or discrimination. exercise of the said rights shall not be hindered or limited by any type or form of censorship. infractions committed in the exercise of the said rights shall be subject to the general principles of the criminal law or the law governing administrative offences, and shall be brought before the courts of law or an independent administrative body respectively, as laid down by law. every person and body corporate shall be equally and effectively guaranteed the right of reply and to make corrections, as well as the right to compensation for damages suffered. article 38. freedom of the press and the media the freedom of the press shall be guaranteed. freedom of the press shall mean: journalists and other staff's freedom of expression and creativity, as well as journalists' freedom to take part in determining the editorial policy of the media body in question, save when it is doctrinal or denominational in nature; journalists' right, as laid down by law, to gain access to sources of information and to the protection of professional independence and secrecy, as well as their right to elect editorial boards; the right to found newspapers and any other publications, regardless of any prior administrative authorisation, bond or qualification. in generic terms, the law shall ensure that the names of the owners of media bodies and the means by which those bodies are financed are publicised. the state shall ensure the media's freedom and independence from political power and economic power by imposing the principle of specialisation on businesses that own general information media, treating and supporting them in a non-discriminatory manner and preventing their concentration, particularly by means of multiple or interlocking interests. the state shall ensure the existence and operation of a public radio and television service. the structure and operation of public sector media shall safeguard their independence from the government, the public administration and the other public authorities, and shall ensure that all the different currents of opinion are able to express themselves and to confront one another. radio and television broadcasting stations shall only operate with licenses that are granted under public calls for tender, as laid down by law. article 39. regulation of the media an independent administrative body shall be responsible for ensuring the following in the media: the right to information and the freedom of the press; the non-concentration of ownership of the media; independence from political power and economic power; respect for personal rights, freedoms and guarantees; respect for the statutes and rules that regulate the work of the media; that all different currents of opinion are able to express themselves and confront one another; exercise of the rights to broadcasting time, of reply and of political response. the law shall define the composition, responsibilities, organisation and modus operandi of the body referred to in the previous paragraph, together with the status and role of its members, who shall be appointed by the assembly of the republic and co-opted by those so appointed. article 40. right to broadcasting time, of reply and of political response political parties, trade unions, professional and business organisations and other organisations with a national scope shall, in accordance with their size and representativity and with objective criteria that shall be defined by law, possess the right to broadcasting time on the public radio and television service. political parties that hold one or more seats in the assembly of the republic and do not form part of the government shall, as laid down by law, possess the right to broadcasting time on the public radio and television service, which shall be apportioned in accordance with each party's proportional share of the seats in the assembly, as well as to reply or respond politically to the government's political statements. such times shall be of the same duration and prominence as those given over to the government's broadcasts and statements. parties with seats in the legislative assemblies of the autonomous regions shall enjoy the same rights within the ambit of the region in question. during elections and as laid down by law, candidates shall possess the right to regular and equitable broadcasting time on radio and television stations with a national or regional scope. article 41. freedom of conscience, religion and worship freedom of conscience, religion and worship shall be inviolable. no one shall be persecuted, deprived of rights or exempted from civic obligations or duties because of his convictions or religious observance. no authority shall question anyone in relation to his convictions or religious observance, save in order to gather statistical data that cannot be individually identified, nor shall anyone be prejudiced in any way for refusing to answer. churches and other religious communities shall be separate from the state and free to organise themselves and to perform their ceremonies and their worship. freedom to teach any religion within the denomination in question and to use appropriate media for the pursuit of its activities shall be guaranteed. the right to be a conscientious objector, as laid down by law, shall be guaranteed. article 42. freedom of cultural creation intellectual, artistic and scientific creation shall not be restricted. this freedom shall comprise the right to invent, produce and publicise scientific, literary and artistic works and shall include the protection of copyright by law. article 43. freedom to learn and to teach the freedom to learn and to teach shall be guaranteed. the state shall not lay down educational and cultural programmes in accordance with any philosophical, aesthetic, political, ideological or religious directives. public education shall not be denominational. the right to create private and cooperative schools shall be guaranteed. article 44. right to travel and to emigrate every citizen shall be guaranteed the right to travel and settle freely anywhere in portuguese territory. every citizen shall be guaranteed the right to emigrate or to leave portuguese territory and the right to return thereto. article 45. right to meet and to demonstrate citizens shall possess the right to meet peacefully and without arms, even in places that are open to the public, without the need for any authorisation. the right of every citizen to demonstrate shall be recognised. article 46. freedom of association citizens shall possess the right to freely associate with one another without requiring any authorisation, on condition that such associations are not intended to promote violence and their purposes are not contrary to the criminal law. associations shall pursue their purposes freely and without interference from the public authorities and shall not be dissolved by the state or have their activities suspended, except in such cases as the law may provide for and then only by judicial order. no one shall be obliged to belong to an association, or be coerced to remain therein by any means. armed associations, military, militarised or paramilitary-type associations and organisations that are racist or display a fascist ideology shall not be permitted. article 47. freedom to choose a profession and to join the public administration everyone shall possess the right to freely choose a profession or type of work, subject only to such restrictions as the law may impose in the collective interest, or as are inherent to his own capabilities. every citizen shall possess the equal and free right to apply to join the public administration, as a general rule by means of a competitive recruitment process. chapter ii. rights, freedoms and guarantees concerning participation in politics article 48. participation in public life every citizen shall possess the right to take part in political life and the direction of the country's public affairs, either directly or via freely elected representatives. every citizen shall possess the right to be given objective clarifications about the actions of the state and of other public bodies and to be informed by the government and other authorities about the management of public affairs. article 49. right to vote every citizen who has attained the age of eighteen years shall possess the right to vote, save such incapacities as may be provided for in the general law. the right to vote shall be exercised personally and shall constitute a civic duty. article 50. right to stand for public office every citizen shall possess the free and equal right to stand for any public office. no one shall be prejudiced in his appointments, job or professional career or the social benefits to which he is entitled, due to the exercise of political rights or the holding of public office. in governing the right to stand for elected office, the law shall only determine such ineligibilities as are needed to guarantee both the electors' freedom of choice, and independence and absence of bias in the exercise of the offices in question. article 51. political associations and parties freedom of association shall include the right to form or take part in political associations and parties and through them to work jointly and democratically towards the formation of the popular will and the organisation of political power. no one shall be simultaneously registered as a member of more than one political party, and no one shall be deprived of the exercise of any right because he is or ceases to be registered as a member of any legally constituted party. without prejudice to the philosophy or ideology that underlies their manifestoes, political parties shall not employ names that contain expressions which are directly related to any religion or church, or emblems that can be confused with national or religious symbols. no party shall be formed with a name or manifesto that possesses a regional nature or scope. political parties shall be governed by the principles of transparency, democratic organisation and management, and participation by all their members. the law shall lay down the rules governing the financing of political parties, particularly as regards the requirements for and limits on public funding, as well as the requirements to publicise their assets and accounts. article 52. right to petition and right to popular action every citizen shall possess the right to individually, or jointly with others, submit petitions, representations, claims or complaints in defence of their rights, this constitution, the laws or the general interest to bodies that exercise sovereign power, the autonomous regions' self-government bodies or any authority, as well as the right to be informed of the result of the consideration thereof within a reasonable period of time. the law shall lay down the terms under which joint petitions to the assembly of the republic and the legislative assemblies of the autonomous regions are considered in plenary sitting. everyone shall be granted the right of actio popularis, to include the right to apply for the appropriate compensation for an aggrieved party or parties, in such cases and under such terms as the law may determine, either personally or via associations that purport to defend the interests in question. the said right shall particularly be exercised in order to: promote the prevention, cessation or judicial prosecution of offences against public health, consumer rights, the quality of life or the preservation of the environment and the cultural heritage; safeguard the property of the state, the autonomous regions and local authorities. chapter iii. workers' rights, freedoms and guarantees article 53. job security workers shall be guaranteed job security, and dismissal without fair cause or for political or ideological reasons shall be prohibited. article 54. workers' committees workers shall possess the right to form workers' committees to defend their interests and democratically intervene in company life. decisions to form workers' committees shall be taken by the workers in question, who shall approve the committees' by-laws and shall elect their members by direct, secret ballot. coordinating committees may be created with a view to improving intervention in economic restructuring and to guaranteeing workers' interests. committee members shall enjoy the legal protection accorded to trade union delegates. workers' committees shall possess the right: to receive all the information needed to perform their tasks; to monitor the management of businesses; to participate in corporate restructuring processes, especially in relation to training actions or when working conditions are altered; to take part in drawing up labour legislation and economic and social plans that address their sector; to manage, or participate in the management of, businesses' social activities; to promote the election of workers' representatives to the management bodies of businesses that belong to the state or other public bodies, as laid down by law. article 55. freedoms concerning trade unions workers shall be free to form and operate trade unions as a condition and guarantee of the building of their unity in defence of their rights and interests. in exercising their freedom to form and operate trade unions, workers shall particularly be guaranteed the following, without any discrimination: freedom to form trade unions at every level; freedom of membership. no worker shall be obliged to pay dues to a union to which he does not belong; freedom to determine the organisation and internal regulations of trade unions; the right to engage in trade union activities in businesses; the right to political views, in the forms laid down in the respective by-laws. trade unions shall be governed by the principles of democratic organisation and management, to be based on periodic elections of their managing bodies by secret ballot, without the need for any authorisation or homologation, and shall be founded on active worker participation in every aspect of trade union activity. trade unions shall be independent of employers, the state, religious denominations, and parties and other political associations, and the law shall lay down such guarantees as may be appropriate to that independence, which is fundamental to the unity of the working classes. trade unions shall possess the right to establish relations with or join international trade union organisations. workers' elected representatives shall enjoy the right to be informed and consulted, as well as to adequate legal protection against any form of subjection to conditions, constraints or limitations in the legitimate exercise of their functions. article 56. trade union rights and collective agreements trade unions shall be responsible for defending and promoting the defence of the rights and interests of the workers they represent. trade unions shall possess the right: to take part in drawing up labour legislation; to take part in the management of social security institutions and other organisations that seek to fulfil workers' interests; to give their opinion on economic and social plans and supervise their implementation; to be represented on social conciliation bodies, as laid down by law; to take part in corporate restructuring processes, especially in relation to training actions or when working conditions are altered. trade unions shall be responsible for the exercise of the right to enter into collective agreements, which shall be guaranteed as laid down by law. the law shall lay down the rules governing the legitimacy to enter into collective labour agreements and the validity of their provisions. article 57. right to strike and prohibition of lock-outs the right to strike shall be guaranteed. workers shall be responsible for defining the scope of the interests that are to be defended by a strike and the law shall not limit that scope. the law shall define the conditions under which such services as are needed to ensure the safety and maintenance of equipment and facilities and such minimum services as are indispensable to the fulfilment of essential social needs are provided during strikes. lock-outs shall be prohibited. title iii. economic, social and cultural rights and duties chapter i. economic rights and duties article 58. right to work everyone shall possess the right to work. in order to ensure the right to work, the state shall be charged with promoting: the implementation of full-employment policies; equal opportunities in the choice of profession or type of work, and the conditions needed to avoid the gender-based preclusion or limitation of access to any position, work or professional category; cultural and technical training and vocational development for workers. article 59. workers' rights regardless of age, sex, race, citizenship, place of origin, religion and political and ideological convictions, every worker shall possess the right: to the remuneration of his work in accordance with its volume, nature and quality, with respect for the principle of equal pay for equal work and in such a way as to guarantee a proper living; that work be organised in keeping with social dignity and in such a way as to provide personal fulfilment and to make it possible to reconcile professional and family life; to work in conditions that are hygienic, safe and healthy; to rest and leisure time, a maximum limit on the working day, a weekly rest period and periodic paid holidays; to material assistance when he involuntarily finds himself unemployed; to assistance and fair reparation when he is the victim of a work-related accident or occupational illness. the state shall be charged with ensuring the working, remuneratory and rest-related conditions to which workers are entitled, particularly by: setting and updating a national minimum wage which, among other factors, shall have particular regard to workers' needs, increases in the cost of living, the level to which the sectors of production have developed, the requirements imposed by economic and financial stability, and the accumulation of capital for development purposes; setting national limits on working hours; ensuring special work-related protection for women during pregnancy and following childbirth, as well as for minors, the disabled and those whose occupations are particularly strenuous or take place in unhealthy, toxic or dangerous conditions; in cooperation with social organisations, ensuring the systematic development of a network of rest and holiday centres; protecting emigrant workers' working conditions and guaranteeing their social benefits; protecting student workers' working conditions. salaries shall enjoy special guarantees, as laid down by law. article 60. consumer rights consumers shall possess the right to the good quality of the goods and services consumed, to training and information, to the protection of health, safety and their economic interests, and to reparation for damages. advertising shall be regulated by law and all forms of concealed, indirect or fraudulent advertising shall be prohibited. consumers' associations and consumer cooperatives shall possess the right, as laid down by law, to receive support from the state and to be heard in relation to consumer-protection issues, and shall possess legitimatio ad causam in defence of their members or of any collective or general interests. article 61. private enterprise, cooperatives and worker management private economic enterprise shall be undertaken freely within the overall frameworks laid down by this constitution and the law and with regard for the general interest. everyone shall possess the right to freely form cooperatives, subject to compliance with cooperative principles. cooperatives shall pursue their activities freely within the overall framework laid down by law and may group themselves together in unions, federations and confederations and other forms of organisation provided for by law. the law shall lay down the specific organisational requirements for cooperatives in which the state or any public body possesses an interest. there shall be the right to worker management, as laid down by law. article 62. right to private property everyone shall be guaranteed the right to private property and to the transmission thereof in life or upon death, as laid down by this constitution. requisitions and expropriations in the public interest shall only occur on a legal basis and upon payment of just compensation. chapter ii. social rights and duties article 63. social security and solidarity everyone shall have the right to social security. the state shall be charged with organising, coordinating and subsidising a unified and decentralised social security system, with the participation of the trade unions, other organisations that represent workers and associations that represent any other beneficiaries. the social security system shall protect citizens in illness and old age and when they are disabled, widowed or orphaned, as well as when they are unemployed or in any other situation that entails a lack of or reduction in means of subsistence or ability to work. all periods of work shall, as laid down by law, contribute to the calculation of old age and disability pensions, regardless of the sector of activity in which they were performed. with a view to the pursuit of the social solidarity objectives that are particularly enshrined in this article and in articles 67(2)b, 69, 70(1)e, 71 and 72, the state shall, as laid down by law, support and inspect the activities and operation of private charitable institutions and other non-profit institutions that are recognised to be in the public interest. article 64. health everyone shall possess the right to health protection and the duty to defend and promote health. the right to health protection shall be fulfilled: by means of a national health service that shall be universal and general and, with particular regard to the economic and social conditions of the citizens who use it, shall tend to be free of charge; by creating economic, social, cultural and environmental conditions that particularly guarantee the protection of childhood, youth and old age; by systematically improving living and working conditions and also promoting physical fitness and sport at school and among the people; and by developing both the people's health and hygiene education and healthy living practises. in order to ensure enjoyment of the right to the protection of health, the state shall be under a primary duty: to guarantee access by every citizen, regardless of his economic situation, to preventive, curative and rehabilitative medical care; to guarantee a rational and efficient nationwide coverage in terms of healthcare units and human resources; to work towards the public funding of the costs of medical care and medicines; to regulate and inspect corporate and private forms of medicine and articulate them with the national health service, in such a way as to ensure adequate standards of efficiency and quality in both public and private healthcare institutions; to regulate and control the production, distribution, marketing, sale and use of chemical, biological and pharmaceutical products and other means of treatment and diagnosis; to establish policies for the prevention and treatment of drug abuse. the national health service shall possess a decentralised and participatory management system. article 65. housing and urban planning everyone shall possess the right for themselves and their family to have an adequately sized dwelling that provides them with hygienic and comfortable conditions and preserves personal and family privacy. in order to ensure enjoyment of the right to housing, the state shall be charged with: planning and implementing a housing policy that is embodied in general town and country planning documents and supported by urban planning documents that guarantee the existence of an adequate network of transport and social facilities; in cooperation with the autonomous regions and local authorities, promoting the construction of low-cost and social housing; stimulating private construction, subject to the general interest, and access to owned or rented housing; encouraging and supporting local community initiatives that work towards the resolution of their housing problems and foster the formation of housing and self-building cooperatives. the state shall undertake a policy that works towards the establishment of a rental system which is compatible with family incomes and access to individual housing. the state, the autonomous regions and local authorities shall lay down the rules governing the occupancy, use and transformation of urban land, particularly by means of planning instruments and within the overall framework of the laws concerning town and country planning and urban planning, and shall expropriate such land as may be necessary to the fulfilment of the purposes of public-use urban planning. interested parties shall be entitled to participate in the drawing up of urban planning instruments and any other physical town and country planning instruments. article 66. environment and quality of life everyone shall possess the right to a healthy and ecologically balanced human living environment and the duty to defend it. in order to ensure enjoyment of the right to the environment within an overall framework of sustainable development, acting via appropriate bodies and with the involvement and participation of citizens, the state shall be charged with: preventing and controlling pollution and its effects and the harmful forms of erosion; conducting and promoting town and country planning with a view to a correct location of activities, balanced social and economic development and the enhancement of the landscape; creating and developing natural and recreational reserves and parks and classifying and protecting landscapes and places, in such a way as to guarantee the conservation of nature and the preservation of cultural values and assets that are of historic or artistic interest; promoting the rational use of natural resources, while safeguarding their ability to renew themselves and maintain ecological stability, with respect for the principle of inter-generational solidarity; acting in cooperation with local authorities, promoting the environmental quality of rural settlements and urban life, particularly on the architectural level and as regards the protection of historic zones; promoting the integration of environmental objectives into the various policies of a sectoral nature; promoting environmental education and respect for environmental values; ensuring that fiscal policy renders development compatible with the protection of the environment and the quality of life. article 67. family as a fundamental element in society, the family shall possess the right to protection by society and the state and to the effective implementation of all the conditions needed to enable family members to achieve personal fulfilment. in order to protect the family, the state shall particularly be charged with: promoting the social and economic independence of family units; promoting the creation of, and guaranteeing access to, a national network of crã¨ches and other social facilities designed to support the family, together with a policy for the elderly; cooperating with parents in relation to their children's education; with respect for individual freedom, guaranteeing the right to family planning by promoting the information and access to the methods and means required therefore, and organising such legal and technical arrangements as are needed for motherhood and fatherhood to be consciously planned; regulating assisted conception in such a way as to safeguard the dignity of the human person; regulating taxes and social benefits in line with family costs; after first consulting the associations that represent the family, drawing up and implementing a global and integrated family policy; by concerting the various sectoral policies, promoting the reconciliation of professional and family life. article 68. fatherhood and motherhood in performing their irreplaceable role in relation to their children, particularly as regards the children's education, fathers and mothers shall possess the right to protection by society and the state, together with the guarantee of their own professional fulfilment and participation in civic life. motherhood and fatherhood shall constitute eminent social values. women shall possess the right to special protection during pregnancy and following childbirth, and female workers shall also possess the right to an adequate period of leave from work without loss of remuneration or any privileges. the law shall regulate the grant to mothers and fathers of an adequate period of leave from work, in accordance with the interests of the child and the needs of the family unit. article 69. childhood with a view to their integral development, children shall possess the right to protection by society and the state, especially from all forms of abandonment, discrimination and oppression and from the abusive exercise of authority in the family or any other institution. the state shall ensure special protection for children who are orphaned, abandoned or deprived of a normal family environment in any way. labour by minors of school age shall be prohibited as laid down by law. article 70. youth in order to ensure the effective enjoyment of their economic, social and cultural rights, young people shall receive special protection, particularly: in education, vocational training and culture; in access to their first job, at work and in relation to social security; in access to housing; in physical education and sport; in the use of their free time. the priority objectives of the youth policy shall be the development of young people's personality, the creation of the conditions needed for their effective integration into the active life, a love of free creativity and a sense of community service. acting in cooperation with families, schools, businesses, residents' organisations, cultural associations and foundations and cultural and recreational groups, the state shall foster and support youth organisations in the pursuit of the said objectives, as well as international youth exchanges. article 71. disabled citizens citizens with physical or mental disabilities shall fully enjoy the rights and shall be subject to the duties enshrined in this constitution, save the exercise or fulfilment of those for which their condition renders them unfit. the state shall undertake a national policy for the prevention of disability and the treatment, rehabilitation and integration of disabled citizens and the provision of support to their families, shall educate society and make it aware of the duties of respect and solidarity towards such citizens, and shall ensure that they effectively enjoy their rights, without prejudice to the rights and duties of their parents or guardians. the state shall support disabled citizens' organisations. article 72. the elderly the elderly shall possess the right to economic security and to conditions in terms of housing and family and community life that respect their personal autonomy and avoid and overcome isolation or social marginalisation. the policy for the elderly shall include measures of an economic, social and cultural nature that tend to provide elderly people with opportunities for personal fulfilment by means of an active participation in community life. chapter iii. cultural rights and duties article 73. education, culture and science everyone shall possess the right to education and culture. the state shall promote the democratisation of education and the other conditions needed for an education conducted at school and via other means of training to contribute to equal opportunities, the overcoming of economic, social and cultural inequalities, the development of the personality and the spirit of tolerance, mutual understanding, solidarity and responsibility, to social progress and to democratic participation in public life. acting in cooperation with the media, cultural associations and foundations, cultural and recreational groups, cultural heritage associations, residents' associations and other cultural agents, the state shall promote the democratisation of culture by encouraging and ensuring access by all citizens to cultural enjoyment and creation. the state shall stimulate and support scientific research and creation and technological innovation, in such a way as to ensure their freedom and autonomy, reinforce competitivity and ensure cooperation between scientific institutions and businesses. article 74. education everyone shall possess the right to education, and the right to equal opportunities and to access to and success in schooling shall be guaranteed. in implementing the education policy, the state shall be charged with: ensuring universal, compulsory and free basic education; creating a public, and developing the general, preschool system; guaranteeing permanent education and eliminating illiteracy; in accordance with his capabilities, guaranteeing every citizen access to the highest levels of education, scientific research and artistic creation; progressively making all levels of education free of charge; inserting schools into the communities they serve and establishing links between education and economic, social and cultural activities; promoting and supporting disabled citizens' access to education and supporting special education when necessary; protecting and developing portuguese sign language, as an expression of culture and an instrument for access to education and equal opportunities; ensuring that emigrants' children are taught the portuguese language and enjoy access to portuguese culture; ensuring that immigrants' children receive adequate support in order to enable them to effectively enjoy the right to education. article 75. public, private and cooperative education the state shall create a network of public education establishments that covers the needs of the whole population. the state shall recognise and inspect private and cooperative education, as laid down by law. article 76. university and access to higher education the rules governing access to university and other higher education institutions shall guarantee equal opportunities in and the democratisation of the education system, and shall have due regard for the country's needs for qualified staff and to raising its educational, cultural and scientific level. as laid down by law and without prejudice to an adequate assessment of the quality of education, universities shall autonomously draw up their own by-laws and shall enjoy scientific, pedagogical, administrative and financial autonomy. article 77. democratic participation in education teachers and students shall possess the right to take part in the democratic management of schools, as laid down by law. the law shall regulate the forms in which teachers', students' and parents' associations, communities and scientific institutions participate in drawing up the education policy. article 78. cultural enjoyment and creation everyone shall possess the right to cultural enjoyment and creation, together with the duty to preserve, defend and enhance the cultural heritage. acting in cooperation with all cultural agents, the state shall be charged with: encouraging and ensuring access by all citizens to the means and instruments required for cultural activities, and correcting the country's existing asymmetries in this respect; supporting initiatives that stimulate individual and joint creation in all its many forms and expressions, and that stimulate more travel by high quality cultural works and items; promoting the safeguarding and enhancement of the cultural heritage and making it an element that inspires a common cultural identity; developing cultural relations with all peoples, especially those that speak portuguese, and ensuring the defence and promotion of portuguese culture abroad; coordinating the cultural policy with the other sectoral policies. article 79. physical education and sport everyone shall possess the right to physical education and sport. acting in cooperation with schools and sporting associations and groups, the state shall be charged with promoting, stimulating, guiding and supporting the practise and dissemination of physical education and sport, and preventing violence in sport. part ii. organisation of the economy title i. general principles article 80. fundamental principles society and the economy shall be organised on the basis of the following principles: economic power shall be subordinated to democratic political power; the public, private and cooperative and social sectors shall coexist in the ownership of the means of production; within the overall framework of a mixed economy, there shall be freedom of business initiative and organisation; when so required by the public interest, natural resources and the means of production shall be publicly owned; economic and social development shall be democratically planned; the cooperative and social sector shall enjoy protection in relation to the ownership of the means of production; organisations that represent workers and organisations that represent businesses shall participate in the definition of the main economic and social measures. article 81. primary duties of the state in the economic and social field the state shall be under a primary duty: within the overall framework of a sustainable development strategy, to promote an increase in people's social and economic well-being and quality of life, especially those of the most disadvantaged persons; to promote social justice, ensure equal opportunity and carry out the necessary corrections to inequalities in the distribution of wealth and income, particularly by means of the fiscal policy; to ensure the full use of the forces of production, particularly by making every effort to ensure the efficiency of the public sector; to promote the economic and social cohesion of the whole country by guiding development in the direction of a balanced growth in every sector and region and progressively eliminating the economic and social differences between towns and the country and between the coastal strip and the inland areas; to promote the correction of the inequalities derived from the autonomous regions' insular nature and encourage the said regions' progressive integration into broader economic areas with a national or international scope; to ensure the efficient operation of the markets, in such a way as to guarantee a balanced competition between businesses, counter monopolistic forms of organisation and repress abuses of dominant positions and other practises that are harmful to the general interest; to develop economic relations with all peoples, while always safeguarding national independence and the interests of both the portuguese people and the country's economy; to eliminate very large estates and restructure small farms; to guarantee consumer rights and interests; to create the legal and technical instruments needed to democratically plan economic and social development; to ensure the existence of a science and technology policy that favours the country's development; to adopt a national energy policy that preserves natural resources and the ecological balance, while promoting international cooperation in this domain; to adopt a national water policy that uses, plans and rationally manages water resources. article 82. sectors of ownership of the means of production the coexistence of three sectors of ownership of the means of production shall be guaranteed. the public sector shall comprise such means of production as should rightly belong to and be managed by the state or other public bodies. without prejudice to the provisions of the following paragraph, the private sector shall comprise such means of production as should rightly belong to or be managed by private individuals or private groups. the cooperative sector shall specifically comprise: means of production that cooperatives possess and manage in accordance with cooperative principles, without prejudice to such specific provisions as the law may lay down for cooperatives in which the public sector holds a stake and are justified by the special nature thereof; community means of production possessed and managed by local communities; means of production operated by worker collectives; means of production possessed and managed by nonprofit bodies corporate, the primary objective of which is charitable, particularly bodies of a mutualist nature. article 83. requirements for compulsory purchase the law shall lay down the means and forms of intervention in relation to, and for the public compulsory purchase of, means of production, together with the criteria for setting the applicable compensation. article 84. public domain the following shall belong to the public domain: territorial waters, together with their beds and the adjacent seabed, and such lakes, lagoons and watercourses as are suitable for navigation or flotation, together with their beds; airspace over portuguese territory, above the recognised limit for proprietary or surface rights; mineral deposits, mineral and medicinal water sources and natural subterranean cavities below the ground, save such rocks, ordinary earth and other materials as may habitually be used for construction; roads; national railway lines; such other property as may be classified as such by law. the law shall define what property forms part of the public state domain, the public domain of the autonomous regions and the public domain of local authorities, as well as the rules, terms and conditions of use and limits governing it. article 85. cooperatives and worker-management experiments the state shall stimulate and support the creation and activities of cooperatives. the law shall define the fiscal and financial benefits to be enjoyed by cooperatives, as well as preferential terms and conditions for obtaining credit and technical assistance. the state shall support such worker-management experiments as are viable. article 86. private businesses the state shall encourage business activity, particularly that of small and medium-sized enterprises, and shall inspect fulfilment of the respective legal obligations, especially by businesses that engage in activities that are of general interest to the economy. the state shall only intervene in the management of private businesses on a transitional basis, in cases that are expressly provided for by law and, as a general rule, subject to prior judicial ruling. the law may define basic sectors in which private businesses and other bodies of a similar nature are forbidden to act. article 87. foreign economic activity and investment the law shall regulate economic activity and investment by foreign private individuals and bodies corporate, with the aim of ensuring that they contribute to the country's development and defending national independence and workers' interests. article 88. abandoned means of production abandoned means of production may be expropriated under terms and conditions to be laid down by law, which shall pay due regard to the specific situation of the property of emigrant workers. means of production that are abandoned without good reason may also be the object of compulsory rental or operating concessions under terms to be laid down by law. article 89. worker participation in management the workers of units of production in the public sector shall be ensured an effective participation in the said units' management. title ii. plans article 90. objectives the objective of economic and social development plans shall be to promote economic growth, the harmonious and integrated development of sectors and regions, the just division of the national product between persons and between regions, the coordination of economic policy with the social, education and cultural policies, the defence of the rural world, the preservation of the ecological balance, the defence of the environment and the quality of life of the portuguese people. article 91. drawing up and implementation of plans national plans shall be drawn up in accordance with the laws governing their major options and may incorporate specific programmes with a geographic and sectoral scope. government bills in relation to the major options shall be accompanied by reports setting out the grounds therefore. national plans shall be implemented on a decentralised, regional and sectoral basis. article 92. economic and social council the economic and social council shall be the body with responsibility for consultation and concertation in the economic and social policy domain, shall take part in drafting the major options and the economic and social development plans, and shall exercise such other functions as may be allocated to it by law. the law shall lay down the composition of the economic and social council, which shall particularly include representatives of the government, the organisations that represent workers, business activities and families, the autonomous regions and local authorities. the law shall also lay down the way in which the economic and social council is organised and operates, together with the status and role of its members. title iii. agricultural, commercial and industrial policies article 93. agricultural policy objectives the objectives of the agricultural policy shall be: to increase agricultural production and productivity by providing agriculture with adequate infrastructures and human, technical and financial resources that will work towards an increase in competitivity and to ensure the quality of its products, their effective marketing and sale, an improved supply for the country and a rise in exports; to promote the improvement of the economic, social and cultural situation of rural and agricultural workers, the development of the rural world, the rationalisation of the structure of land ownership, the modernisation of the business fabric, and the access by those that work the land to ownership or possession of the land itself and of such other means of production as they directly employ thereon; to create the conditions needed to achieve effective equality between those who work in agriculture and other workers and to prevent the agricultural sector from being disadvantaged in its exchanges with other sectors; to ensure the rational use and management of the soil and other natural resources and to maintain their regenerative capability; to encourage farmers to form and join associations and to directly work the land. the state shall promote an agrarian planning and reconversion and forestry development policy, in accordance with the ecological and social factors that condition the country. article 94. elimination of very large estates the law shall regulate the resizing of farming units that are excessively large from the point of view of the agricultural policy objectives, and, in the case of expropriation, shall provide for the right of each owner to the corresponding compensation and to the retention of an area that is sufficient to ensure the viability and rationality of his own farm. without prejudice to the stipulation of an experimental period prior to the grant of full title in order to determine whether the land in question is being used effectively and rationally, expropriated land shall be handed over for either ownership or holding, as laid down by law, to small farmers â�� preferably family farming units, to rural workers' or small farmers' cooperatives, or to other forms of worker operation. article 95. resizing of small farms without prejudice to the right of ownership and as laid down by law, the state shall promote the resizing of farming units that are smaller than that which is suitable from the point of view of the agricultural policy objectives, particularly by means of legal, fiscal and credit incentives for their structural or merely economic integration, particularly in a cooperative form, or by measures designed to join parcels of land together. article 96. forms of use of non-owned land the law shall regulate the rules governing the rental and other forms of use of non-owned land in such a way as to guarantee the farmer's security and legitimate interests. the fee-farming and colony systems shall be prohibited and the conditions that farmers need to put an effective end to the agricultural partnership system shall be created. article 97. state assistance in pursuit of the agricultural policy objectives the state shall provide preferential support to small and medium-sized farmers, particularly when they are integrated into family farming units, are sole farmers or are associated in cooperatives, as well as to agricultural workers' cooperatives and other forms of worker operation. such state assistance shall particularly comprise: the grant of technical assistance; the creation of forms of marketing and sales support upstream and downstream from production itself; support for the coverage of risks resulting from unpredictable or uncontrollable climatic or phytopathological conditions; stimuli to encourage rural workers and farmers to form and join associations, particularly by forming producers, purchasing, sales, processing and service cooperatives and other forms of worker operation. article 98. participation in drawing up the agricultural policy the participation of rural workers and farmers in drawing up the agricultural policy shall be ensured via the organisations that represent them. article 99. commercial policy objectives the objectives of the commercial policy shall be: healthy competition between commercial agents; the rationalisation of distribution circuits; to combat speculative activities and restrictive commercial practises; the development and diversification of external economic relations; consumer protection. article 100. industrial policy objectives the objectives of the industrial policy shall be: the increase of industrial production within an overall framework of the modernisation and adjustment of social and economic interests and the international integration of the portuguese economy; the reinforcement of industrial and technological innovation; the increase of the competitivity and productivity of industrial businesses; support for small and medium-sized enterprises and, in general, for ventures and businesses that generate jobs and foster exports or substitutes for imports; support for the international prominence of portuguese businesses. title iv. financial and fiscal system article 101. financial system the financial system shall be structured by law in such a way as to guarantee the accumulation, deposit and security of savings, as well as the application of the financial resources needed for economic and social development. article 102. bank of portugal the bank of portugal shall be the national central bank and shall perform its functions as laid down by law and in accordance with the international rules by which the portuguese state is bound. article 103. fiscal system the fiscal system shall aim to satisfy the financial needs of the state and of other public bodies and to ensure a just distribution of income and wealth. taxes shall be created by laws, which shall determine their applicability and rate, fiscal benefits and such guarantees as may accrue to taxpayers. no one shall be obliged to pay taxes that are not created in accordance with this constitution, are retroactive in nature, or are not charged or collected as laid down by law. article 104. taxes personal income tax shall aim to reduce inequalities, shall be single and progressive and shall pay due regard to family needs and incomes. businesses shall essentially be taxed on their real income. the taxation of assets shall contribute to equality between citizens. consumer taxation shall aim to adapt the structure of consumption to changes in the requirements for economic development and social justice, and shall increase the cost of luxury consumer items. article 105. budget the state budget shall contain: a breakdown of the state's income and expenditure, including that of autonomous funds and departments; the social security budget. the budget shall be drawn up in accordance with the major planning options and in the light of legal and contractual obligations. the budget shall be a single budget and shall set out expenditure in accordance with the organisational and functional classification thereof, in such a way as to preclude the existence of secret appropriations and funds. it may also be structured by programmes. the budget shall provide for the income needed to cover expenditure, and the law shall define the rules governing the budget's execution, the terms and conditions governing the use of public credit, and the criteria for governing such alterations as the government may make during the budget's execution in the organisational headings of each budget programme passed by the assembly of the republic, all with a view to the budget's full implementation. article 106. drawing up the budget the budget law shall be drawn up, organised, put to the vote and implemented in accordance with the applicable framework law, which shall include the rules governing the drawing up and implementation of the budgets of autonomous funds and departments. the budget bill shall be presented and put to the vote within such time limits as the law may set, and the law shall lay down the procedures to be adopted when such time limits cannot be met. the budget bill shall be accompanied by reports on: a forecast of the evolution of the main macroeconomic indicators that have an influence on the budget, as well as the evolution of the money supply and the sources thereof; the grounds for variations in the income and expenditure forecasts compared to the previous budget; the public debt, treasury operations and the treasury accounts; the situation of autonomous funds and departments; transfers of funds to the autonomous regions and local authorities; such financial transfers between portugal and other countries as affect the proposed budget; fiscal benefits and an estimate of the ensuing reduction in income. article 107. scrutiny the budget's execution shall be scrutinised by the audit court and the assembly of the republic. following receipt of an opinion to be issued by the audit court, the assembly of the republic shall consider the general state accounts, including the social security accounts, and shall put them to the vote. part iii. organisation of political power title i. general principles article 108. source and exercise of power political power shall lie with the people and shall be exercised in accordance with this constitution. article 109. citizens' participation in politics the direct and active participation in politics by men and women is a fundamental instrument in the consolidation of the democratic system, and the law shall promote both equality in the exercise of civic and political rights and the absence of gender-based discrimination in access to political office. article 110. bodies that exercise sovereign power the president of the republic, the assembly of the republic, the government and the courts shall constitute bodies that exercise sovereign power. the formation, composition, responsibilities and power and modus operandi of the bodies that exercise sovereign power shall be those laid down by this constitution. article 111. separation and interdependence bodies that exercise sovereign power shall be separate and interdependent as laid down by this constitution. no body that exercises sovereign power and no body that belongs to an autonomous region or local authority shall delegate its powers to other bodies, save in such cases and under such terms as are expressly laid down by this constitution and the law. article 112. legislation legislation shall comprise laws, executive laws and regional legislative decrees. without prejudice to the subordination to the corresponding laws of executive laws that are enacted under legislative authorisation and of those that develop the basic general elements of the legal systems, laws and executive laws shall possess equal force. organisational laws, laws that must be passed by a two-thirds majority, and laws which under this constitution are compulsory legal prerequisites for other laws or which must be obeyed by other laws, shall possess superior force. without prejudice to the provisions of article 227(1)b and c, legislative decrees shall possess a regional scope and shall address such matters set out in the political and administrative statute of the autonomous region in question as are not the exclusive responsibility of the bodies that exercise sovereign power. no law shall create other categories of legislation, or grant other types of act the power to interpret, integrate, modify, suspend or revoke any of its provisions in such a way as to produce effects in relation to third parties. government regulations shall take the form of regulatory orders when so required by the law they regulate, as well as in the case of independent regulations. regulations shall make express mention of the laws which they are intended to regulate, or which lay down the subjective and objective power to issue them. the transposition of european union legislation and other legal acts into the internal legal system shall take the form of a law, an executive law, or, in accordance with (4) above, a regional legislative decree. article 113. general principles of electoral law as a general rule, the officeholders of the bodies that exercise sovereign power, of regional authorities and of local authorities shall be appointed by direct, secret and periodic suffrage. without prejudice to the provisions of articles 15(4) and (5) and 121(2), electoral registration shall be officious, compulsory and permanent and there shall be a single registration system for all elections that are held by direct, universal suffrage. election campaigns shall be governed by the following principles: freedom of propaganda; equal opportunities and treatment for all candidatures; the impartiality of public bodies towards all candidatures; the transparency and scrutiny of electoral accounts. citizens shall possess the duty to cooperate with the electoral authorities in such ways as the law may lay down. votes cast shall be converted into seats in accordance with the principle of proportional representation. any act which dissolves a collegiate body that is based on direct suffrage shall also set the date of a new election thereto. such elections shall be held within the following sixty days and in accordance with the electoral law that is in force at the time of the dissolution, failing which they shall be legally invalid. the power to rule on the correctness and validity of electoral acts shall pertain to the courts. article 114. political parties and right to opposition political parties shall hold seats in the bodies that are elected by universal, direct suffrage in accordance with their proportion of election results. minorities shall possess the right to democratic opposition, as laid down by this constitution and the law. political parties that hold seats in the assembly of the republic and do not form part of the government shall particularly possess the right to be regularly and directly informed by the government as to the situation and progress of the main matters of public interest. political parties that hold seats in the legislative assemblies of the autonomous regions or in any other directly elected assemblies shall possess the same right in relation to the respective executive, in the event that they do not form part thereof. article 115. referenda in cases provided for in, and as laid down by, this constitution and the law, following a proposal from the assembly of the republic or the government in relation to matters that fall under their respective responsibilities, the president of the republic may decide to call upon citizens who are registered to vote in portuguese territory to directly and bindingly pronounce themselves by referendum. referenda may also be held on the initiative of citizens who submit a request to the assembly of the republic. such requests shall be submitted and considered under the terms and within the time limits laid down by law. the object of a referendum shall be limited to important issues concerning the national interest upon which the assembly of the republic or the government must decide by passing an international agreement or by passing legislation. the following shall not be subject to referendum: alterations to this constitution; issues and acts with a budgetary, tax-related or financial content; the matters provided for in article 161, without prejudice to the provisions of the following paragraph; the matters provided for in article 164, save the provisions of subparagraph i). the provisions of the previous paragraph shall not prejudice the submission to referendum of such important issues concerning the national interest as should be the object of an international agreement pursuant to article 161i, except when they concern peace or the rectification of borders. each referendum shall only address one matter. questions shall be objectively, clearly and precisely formulated, shall solicit yes or no answers, and shall not exceed a maximum number to be laid down by law. the law shall also lay down the other terms governing the formulation and holding of referenda. referenda shall not be called or held between the dates on which general elections for the bodies that exercise sovereign power, elections for the self-government bodies of the autonomous regions, for local authority bodies and for members of the european parliament are called and those on which they are held. the president of the republic shall submit all draft referenda submitted to him by the assembly of the republic or the government, to compulsory prior determination of their constitutionality and legality. the provisions of article 113(1), (2), (3), (4) and (7) shall apply to referenda, mutatis mutandis. draft referenda that are refused by the president of the republic or are negatived by the electorate shall not be resubmitted during the same legislative session, save new elections to the assembly of the republic, or until the government resigns or is removed. referenda shall only be binding in the event that the number of voters exceeds half the number of registered electors. citizens who reside abroad and are properly registered to vote under the provisions of article 121(2) shall be called upon to take part in referenda that address matters which specifically also concern them. referenda may be regional in scope, in accordance with article 232(2). article 116. collegiate bodies save in cases provided for by law, meetings of assemblies that act as bodies which exercise sovereign power, as bodies of autonomous regions or as local authority bodies shall be held in public. collegiate bodies shall take their decisions in the presence of the majority of their prescribed membership. save in cases provided for by this constitution, the law and the applicable rules of procedure, collegiate bodies shall take their decisions by a simple majority and abstentions shall not count in the calculation thereof. article 117. status of political officeholders political officeholders shall be politically, civilly and criminally liable for their actions and omissions in the exercise of their functions. the law shall lay down both the duties, responsibilities, liabilities and incompatibilities of political office and the consequences of any breach thereof, and the rights, privileges and immunities that apply thereto. the law shall specify the special crimes for which political officeholders may be held liable, together with the applicable penalties and the effects thereof, which may include removal from office or loss of seat. article 118. renewal principle no one shall hold any national, regional or local political office for life. the law may specify limits on successive renewals of mandates of holders of executive political office. article 119. publicising of acts the following shall be published in the official journal â�� the diã¡rio da repãºblica: laws concerning the constitution; international agreements and the applicable ratification notices, together with the rest of the notices in relation thereto; laws, executive laws and regional legislative decrees; decrees issued by the president of the republic; resolutions of the assembly of the republic and of the legislative assemblies of the autonomous regions; the rules of procedure of the assembly of the republic, the council of state and the legislative assemblies of the autonomous regions; the rulings of the constitutional court and such other court rulings to which the law grants generally binding force; regulatory orders and other decrees and regulations issued by the government, as well as decrees of the representatives of the republic to the autonomous regions and regional regulatory decrees; the results of elections to bodies that exercise sovereign power, bodies of autonomous regions and local authority bodies, as well as to the european parliament, and the results of national and regional referenda. failure to publicise the acts provided for in subparagraphs a) to h) of the previous paragraph and of any act of bodies that exercise sovereign power, bodies of autonomous regions and local authority bodies shall cause such acts to be without legal force. the law shall lay down the means by which other acts shall be publicised and the consequences of any failure to do so. title ii. president of the republic chapter i. status, role and election article 120. definition the president of the republic shall represent the portuguese republic, shall guarantee national independence, the unity of the state and the proper functioning of the democratic institutions, and shall be ex officio commander-in-chief of the armed forces. article 121. election the president of the republic shall be elected by the universal, direct, secret suffrage of all portuguese citizens who are registered to vote in portuguese territory and, in accordance with the following paragraph, of all portuguese citizens who reside abroad. the law shall regulate the right to vote of portuguese citizens who reside abroad, to which end it shall pay due regard to the existence of ties that effectively link them to the portuguese community. the right to vote in portuguese territory shall be exercised in person. article 122. eligibility citizens of portuguese origin who are registered to vote and have attained the age of thirty-five shall be eligible for election. article 123. eligibility for re-election re-election to a third consecutive term of office, or during the five years immediately following the end of a second consecutive term of office, shall not be permitted. in the event that the president of the republic resigns, he shall not stand again in the next elections, or in any that take place in the five years immediately following his resignation. article 124. nominations nominations for president of the republic shall be put forward by at least seven thousand five hundred and at most fifteen thousand registered electors. nominations shall be submitted to the constitutional court at least thirty days prior to the date set for the election. in the event of the death of any candidate, or of any other fact that renders any candidate incapable of performing the functions of president of the republic, the election process shall recommence under such terms as the law shall lay down. article 125. date of election the president of the republic shall be elected during the sixty days prior to the end of his predecessor's term of office, or during the sixty days after that office becomes vacant. elections shall not take place during the ninety days prior to or following the date of elections to the assembly of the republic. in the case provided for in the previous paragraph, the election shall take place during the ten days following the end of the period set out therein, and the term of office of the outgoing president shall automatically be extended for the necessary period of time. article 126. electoral system the candidate who receives more than half of the validly cast votes shall be elected president of the republic. blank ballot papers shall not be deemed validly cast. if none of the candidates obtains this number of votes, a second ballot shall be held within twenty-one days of the date of the first one. only the two candidates who received most votes in the first ballot and have not withdrawn their candidatures shall stand in the second ballot. article 127. installation and swearing in the president elect shall take office before the assembly of the republic. his installation shall take place on the last day of the outgoing president's term of office, or, in the case of election to a vacant office, on the eighth day following that on which the election results are published. upon taking office the president of the republic elect shall take the following oath: i swear by my honour to faithfully perform the office with which i am invested and to defend and observe the constitution of the portuguese republic and cause it to be observed. article 128. term of office the term of office of president of the republic shall be five years and shall end upon installation of the new president elect. in the event that the office falls vacant, the newly elected president of the republic shall commence a new term of office. article 129. absence from portuguese territory the president of the republic shall not absent himself from portuguese territory without the consent of the assembly of the republic or, in the event that the assembly is not in full session, of its standing committee. consent shall be dispensed with in cases in which the president of the republic is in transit or is on an unofficial visit lasting no more than five days. however, he shall notify the assembly of the republic of such cases in advance. failure to comply with the provisions of (1) above shall automatically entail loss of office. article 130. criminal liability the president of the republic shall answer before the supreme court of justice for crimes committed in the performance of his functions. proceedings may only be initiated by the assembly of the republic, upon a motion subscribed by one fifth and a decision passed by a two-thirds majority of all the members in full exercise of their office. conviction shall cause removal from office and disqualification from re-election. for crimes that are not committed in the performance of his functions, the president of the republic shall answer before the common courts, once his term of office has ended. article 131. resignation the president of the republic may resign by means of a message addressed to assembly of the republic. such resignation shall take effect when the assembly of the republic takes note thereof, without prejudice to its subsequent publication in the diã¡rio da repãºblica. article 132. acting president in the event that the president of the republic is temporarily unable to perform his functions, or that the office is vacant and until such time as the new president elect is installed, his functions shall be performed by the president of the assembly of the republic, or, in the event that the latter is unable to do so, by his substitute. for such time as he acts as acting president of the republic, the president of the assembly of the republic or his substitute's mandate as member of the assembly shall automatically be suspended. the president of the republic shall retain the rights and privileges inherent to his office during such time as he is temporarily unable to perform his functions. an acting president of the republic shall enjoy all the honours and prerogatives of the office, but his rights shall be those of the office to which he was elected. chapter ii. responsibilities article 133. responsibilities in relation to other bodies in relation to other bodies the president of the republic shall be responsible for: chairing the council of state; in accordance with electoral law, setting the date for elections for president of the republic, members of the assembly of the republic, members of the european parliament and members of the legislative assemblies of the autonomous regions; calling extraordinary sittings of the assembly of the republic; addressing messages to the assembly of the republic and the legislative assemblies of the autonomous regions; subject to the provisions of article 172 and after first consulting both the parties with seats in the assembly and the council of state, dissolving the assembly of the republic; appointing the prime minister pursuant to article 187(1); removing the government in accordance with article 195(2), and discharging the prime minister from office pursuant to article 186(4); upon a proposal from the prime minister, appointing members of the government and discharging them from office; when asked to do so by the prime minister, chairing the council of ministers; after first consulting the council of state and the parties with seats in the legislative assemblies of the autonomous regions, and subject to the provisions of article 172, mutatis mutandis, dissolving such legislative assemblies; after first consulting the government, appointing the representatives of the republic to the autonomous regions and discharging them from office; upon a proposal from the government, appointing the president of the audit court and the attorney general and discharging them from office; appointing five members of the council of state and two members of the supreme judicial council; chairing the supreme national defence council; upon a proposal from the government, appointing the chief of the general staff of the armed forces and, after consulting the chief of the general staff of the armed forces, the deputy chief of the general staff of the armed forces if any, and the chiefs of staff of the three armed services. article 134. personal responsibilities the president of the republic shall be personally responsible for: performing the functions of commander-in-chief of the armed forces; enacting laws, executive laws and regulatory orders and having them published, and signing both resolutions of the assembly of the republic that pass international agreements and the rest of the government's decrees; submitting important issues of national interest, as laid down in article 115, and those referred to in articles 232(2) and 256(3), to referendum; declaring a state of siege or a state of emergency in compliance with the provisions of articles 19 and 138; pronouncing upon all emergencies that are of serious consequence to the life of the republic; after first consulting the government, pardoning offences or commuting sentences; asking the constitutional court to undertake a prior review of the constitutionality of the rules laid down by laws and executive laws and in international agreements; asking the constitutional court to rule whether legal provisions or statutes are unconstitutional due to any inclusion or omission; awarding decorations in accordance with the law, and performing the office of grand master of portugal's honorary orders. article 135. responsibilities in international relations in international relations the president of the republic shall be responsible for: appointing ambassadors and extraordinary envoys upon a proposal from the government, and accrediting foreign diplomatic representatives; once they have been duly passed, ratifying international treaties; upon a proposal from the government, after consulting the council of state and subject to authorisation by the assembly of the republic, or, if the assembly is not sitting and it is not possible to arrange for it to sit immediately, by its standing committee, declaring war in the case of effective or imminent aggression and making peace. article 136. enactment and veto within twenty days of the receipt of any decree of the assembly of the republic for enactment as a law, or of the publication of a constitutional court ruling that does not declare any of the decree's provisions unconstitutional, the president of the republic shall either enact the decree or exercise the right of veto. in the latter case he shall send a message setting out the grounds therefore and requesting that the statute be reconsidered. if the assembly of the republic confirms its original vote by an absolute majority of all the members in full exercise of their office, the president of the republic shall enact the decree within eight days of receiving it. however, a majority that is at least equal to two thirds of all members present and greater than an absolute majority of all the members in full exercise of their office shall be required to confirm decrees that take the form of organic laws, as well as to confirm those concerning the following matters: external relations; boundaries between the public, private and cooperative sectors in relation to the ownership of the means of production; such regulations governing the electoral acts provided for by this constitution as do not take the form of an organic law. within forty days of the receipt of any government decree for enactment, or of the publication of a constitutional court ruling that does not declare any of the decree's provisions unconstitutional, the president of the republic shall either enact the decree or exercise his right of veto. in the latter case he shall inform the government in writing of the reasons for doing so. the president of the republic shall also exercise the right of veto pursuant to articles 278 and 279. article 137. failure to enact or sign in the event that the president of the republic fails to enact or sign any of the acts provided for in article 134(b), the said act shall be legally invalid. article 138. declaration of a state of siege or a state of emergency declaration of a state of siege or a state of emergency shall require prior consultation of the government and authorisation by the assembly of the republic, or, if the assembly is not sitting and it is not possible to arrange for it to sit immediately, by its standing committee. in the event that a declaration of a state of siege or a state of emergency is authorised by the assembly of the republic's standing committee, such declaration shall require confirmation by the plenary as soon as it is possible to arrange for it to sit. article 139. acts of an acting president of the republic acting presidents of the republic shall not undertake any of the acts provided for in articles 133e and n and 134c. acting presidents of the republic shall only undertake any of the acts provided for in articles 133b, c, f, m and p, 134a and 135a after first consulting the council of state. article 140. ministerial counter-signature acts that the president of the republic undertakes under the terms of articles 133h, j, l, m and p, 134b, d and f) and 135a, b and c shall require counter-signature by the government. in the event that the government does not counter-sign any such act, the said act shall be legally invalid. chapter iii. council of state article 141. definition the council of state shall be the political body that advises the president of the republic. article 142. composition the council of state shall be chaired by the president of the republic and shall also be composed of the following members: the president of the assembly of the republic; the prime minister; the president of the constitutional court; the ombudsman; the presidents of the regional governments; such former presidents of the republic as were elected under this constitution and were not removed from office; five citizens whom the president of the republic shall appoint for the period of his term of office; five citizens whom the assembly of the republic shall elect in accordance with the principle of proportional representation for the period of the legislature. article 143. installation and term of office the members of the council of state shall be installed by the president of the republic. those members of the council of state who are provided for in article 142a to e shall continue to be members for as long as they remain in the respective offices. those members of the council of state who are provided for in article 142g and h shall continue to be members until their replacements are installed. article 144. organisation and proceedings the council of state shall be responsible for drawing up its own rules of procedure. council of state meetings shall not be public. article 145. responsibilities the council of state shall be responsible for: giving its opinion on dissolutions of the assembly of the republic and the legislative assemblies of the autonomous regions; giving its opinion on the removal of the government in the case provided for in article 195(2); giving its opinion on declarations of war and the making of peace; giving its opinion on the acts of acting presidents of the republic referred to in article 139; giving its opinion on other cases provided for by this constitution, and in general and when asked to do so by the president of the republic, advising him in the exercise of his office. article 146. issue of opinions the council of state shall issue the opinions provided for in article 145a to e at a meeting which the president of the republic shall call for that purpose, and such opinions shall be made public at the time of the act to which they refer. title iii. assembly of the republic chapter i. status, role and election article 147. definition the assembly of the republic shall be the assembly that represents all portuguese citizens. article 148. composition the assembly of the republic shall possess a minimum of one hundred and eighty and a maximum of two hundred and thirty members, as laid down by electoral law. article 149. constituencies members shall be elected for constituencies that shall be geographically defined by law. the law may create plurinominal and uninominal constituencies and lay down the nature and complementarity thereof, all in such a way as to ensure that votes are converted into seats in accordance with the proportional representation system and using d'hondt's highest-average rule. with the exception of the national constituency, if any, the number of members for each plurinominal constituency in portuguese territory shall be proportional to the number of citizens registered to vote therein. article 150. eligibility save such restrictions as electoral law may lay down in relation to local incompatibilities or the exercise of certain offices, all portuguese citizens who are registered to vote shall be eligible for election. article 151. nominations nominations shall be submitted by political parties as laid down by law. parties may submit such nominations individually or in coalition and their lists of candidates may include citizens who are not registered members of any of the parties in question. no one shall be a candidate for more than one constituency of the same nature, with the exception of the national constituency, if any. no one may appear on more than one list. article 152. political representation the law shall not limit the conversion of votes into seats by requiring a minimum national percentage of votes cast. members shall represent the whole country and not the constituencies for which they are elected. article 153. beginning and end of term of office members' terms of office shall commence upon the first sitting of the assembly of the republic following elections thereto and shall end upon the first sitting following the subsequent elections thereto, without prejudice to the suspension or termination of any individual mandate. electoral law shall regulate the filling of vacancies that arise in the assembly and, in cases in which there are important grounds for doing so, the temporary substitution of members. article 154. incompatibilities and prevention from exercise of office members who are appointed to the government shall not exercise the office of member until they leave the government, and shall be temporarily substituted in accordance with the previous article. the law shall lay down any other incompatibilities. the law shall regulate cases and situations in which members shall require the assembly of the republic's authorisation in order to be jurors, arbiters, experts or witnesses. article 155. exercise of the office of member members shall exercise their mandates freely and shall be guaranteed the conditions needed to perform their functions effectively, particularly those needed to maintain the indispensable contact with registered electors and those needed to ensure that the latter are regularly kept informed. the law shall regulate the circumstances under which the absence of members from official acts or proceedings that do not concern the assembly of the republic, due to assembly sittings or missions, shall constitute valid grounds for adjourning the said acts or proceedings. public bodies shall possess the duty, as laid down by law, to cooperate with members in the performance of their functions. article 156. members' powers members shall have the following powers: to submit draft amendments to the constitution; to submit member's bills, draft amendments to the rules of procedure, draft resolutions, particularly in relation to referenda, and draft decisions, and to request that they be scheduled for debate; to take part and speak in parliamentary debates, as laid down by the rules of procedure; to question the government about any of its acts or those of the public administration, and to obtain answers within a reasonable period of time, save the provisions of the law concerning state secrets; to request and obtain from the government or the governing bodies of any public entity, such information and documents and official publications as the member or members in question may deem useful to the exercise of their mandate; to request the formation of parliamentary committees of inquiry; those laid down by the rules of procedure. article 157. immunities members shall not be civilly or criminally liable for or subject to disciplinary proceedings in relation to their votes or the opinions they express in the performance of their functions. members shall not appear as makers of declarations or defendants without the assembly's authorisation. in the event of strong evidence of the commission of a serious crime punishable by imprisonment for a maximum term of more than three years, the assembly shall obligatorily authorise a member's appearance as defendant. no member may be detained, arrested or imprisoned without the assembly's authorisation, save for a serious crime punishable by the type of prison term referred to in the previous paragraph and in flagrante delicto. in the event that criminal proceedings are brought against any member and he is definitively charged, the assembly shall decide whether or not he is to be suspended so that the proceedings can take their course. in the event of a crime of the type referred to in the previous paragraphs, the assembly shall obligatorily suspend the member. article 158. rights and privileges members shall enjoy the following rights and privileges: deferment of military, civic and civil defence service; freedom of movement and the right to a special passport during official trips abroad; a special identity card; such allowances as the law may lay down. article 159. duties members shall possess the following duties: to attend plenary sittings and any committees to which they belong to perform such offices in the assembly and such functions as they are appointed to upon proposals by their respective parliamentary groups; to take part in voting. article 160. loss and resignation of seat members shall lose their seat in the event that: they become subject to any of the disqualifications or incompatibilities laid down by law; they do not take up their seat in the assembly, or they exceed the number of absences laid down by the rules of procedure; they register as members of a party other than that for which they stood for election; they are convicted by a court of any of the special crimes for which political officeholders may be held liable, which they commit in the exercise of their functions and for which they are sentenced to such loss, or they are convicted of participating in organisations that are racist or display a fascist ideology. members may resign their seat by means of a written declaration. chapter ii. responsibilities article 161. political and legislative responsibilities the assembly of the republic shall be responsible for: passing amendments to the constitution in accordance with articles 284 to 289; passing the political and administrative statutes of the autonomous regions and the laws governing the election of the members of their legislative assemblies; making laws on all matters, save those that are the exclusive responsibility of the government under this constitution; granting the government authorisations to legislate; granting the legislative assemblies of the autonomous regions the authorisations provided for in article 227(1)b; granting generic amnesties and pardons; upon proposals from the government, passing the laws on the major options of the national plans and the state budget; authorising the government to contract and grant loans and engage in other lending operations, apart from floating debt operations, laying down the general terms and conditions governing such loans and lending operations, and setting the upper limit for guarantees to be given by the government in any given year; passing treaties, particularly those that entail portugal's participation in international organisations, friendship, peace, defence, the rectification of borders or military affairs, as well as international agreements that address matters which are the exclusive responsibility of the assembly, or which the government deems fit to submit to the assembly for consideration; proposing to the president of the republic that important issues of national interest be submitted to referendum; authorising and confirming declarations of a state of siege or a state of emergency; authorising the president of the republic to declare war or to make peace; pronouncing, as laid down by law, on such matters awaiting decision by european union bodies as concern the sphere of its exclusive legislative responsibility; performing such other functions as this constitution and the law may allocate to it. article 162. responsibility to scrutinise in the performance of its scrutiny functions the assembly of the republic shall be responsible for: scrutinising compliance with this constitution and the laws and considering the actions of the government and the public administration; considering the manner in which a declaration of a state of siege or a state of emergency has been applied; considering executive laws, save those made under the government's exclusive legislative responsibility, and considering the regional legislative decrees provided for in article 227(1)b, both for the purpose of determining whether they should be amended or cease to be in force; receiving the accounts of the state and such other public bodies as the law shall lay down. such accounts shall be submitted by 31 december of the following year, together with the opinion of the audit court and the other items needed to consider them; considering reports on the execution of national plans. article 163. responsibilities in relation to other bodies in relation to other bodies the assembly of the republic shall be responsible for: witnessing the president of the republic's installation; consenting to the president of the republic's absence from portuguese territory; promoting the bringing of proceedings against the president of the republic for crimes committed in the performance of his functions, and deciding whether to suspend members of the government in the case provided for in article 196; considering the government's programme; voting on motions of confidence or no confidence in the government; as laid down by law, supervising and considering portugal's participation in the process of constructing the european union; under the proportional representation system, electing five members of the council of state and those members of the supreme council of the public prosecutor's office whom the assembly is responsible for appointing; by a majority that is at least equal to two thirds of all members present and greater than an absolute majority of all the members in full exercise of their office, electing ten judges to the constitutional court, the ombudsman, the president of the economic and social council, seven members of the supreme judicial council, the members of the media regulatory body and the members of all other constitutional bodies, appointments to which are the responsibility of the assembly of the republic by law; as laid down by law, supervising the involvement of military contingents and security forces abroad. article 164. exclusive responsibility to legislate the assembly of the republic shall possess exclusive responsibility to legislate on the following matters: elections to bodies that exercise sovereign power; rules to be used in referenda; the organisation, operation and proceedings of the constitutional court; the organisation of national defence, the definition of the duties derived therefrom and the basic general elements of the organisation, operation, re-equipping and discipline of the armed forces; rules governing states of siege and states of emergency; the acquisition, loss and re-acquisition of portuguese citizenship; the definition of the limits of territorial waters, the exclusive economic zone and portugal's rights to the adjacent seabed; political associations and parties; the basic elements of the education system; the election of members of the legislative assemblies of the autonomous regions; the election of local government officeholders and other elections conducted by direct, universal suffrage, as well as elections to the remaining constitutional bodies; the status and role of the officeholders of bodies that exercise sovereign power and local government officeholders, as well as of the officeholders of the remaining constitutional bodies and of all those who are elected by direct, universal suffrage; without prejudice to the powers of the autonomous regions, the creation, abolition and modification of local authorities and the rules governing them; restrictions on the exercise of rights by full-time military and militarised personnel on active service and by members of the police forces and security services; the rules governing the appointment of members of european union bodies, with the exception of the commission; the rules governing the republic's intelligence system and state secrets; the general rules governing the drawing up and organisation of the budgets of the state, the autonomous regions and local authorities; the rules governing national symbols; the rules governing the finances of the autonomous regions; the rules governing the police forces and security services; the rules governing the organisational, administrative and financial autonomy of the president of the republic's support services. article 165. partially exclusive responsibility to legislate unless it also authorises the government to do so, the assembly of the republic shall possess exclusive responsibility to legislate on the following matters: people's status and legal capacity; rights, freedoms and guarantees; the definition of crimes, sentences, security measures and the preconditions therefore, and the laying down of criminal procedure; the general rules for punishing disciplinary infractions, and those governing administrative offences and the applicable proceedings; the general rules governing requisitions and expropriations in the public interest; the basic elements of the social security system and the national health service; the basic elements of the rules for protecting nature, the ecological balance and the cultural heritage; the general rules governing rural and urban rentals; the creation of taxes and the fiscal system, and the general rules governing duties and other financial payments to public bodies; the definition of sectors of ownership of the means of production, including that of basic sectors in which private businesses and other bodies of a similar nature shall be forbidden to act; the means and forms of intervention, expropriation, nationalisation and privatisation of and in relation to means of production and soils in the public interest, together with criteria for setting compensation in such cases; the rules governing economic and social development plans and the composition of the economic and social council; the basic elements of the agricultural policy, including the setting of the maximum and minimum limits for farming units; the monetary system and the standard for weights and measures; the organisation and responsibilities of the courts and the public prosecutors' office and the status and role of the respective judges, as well as the organisation and responsibilities of non-judicial conflict settlement bodies; the status and role of local authorities, including the rules governing local finances; participation in local government by residents' organisations; public associations, guarantees available to users of the public administration, and the public administration's civil liability; the basic elements of the rules governing, and the scope of, the public administration; the basic general elements of the status of public companies and public foundations; the definition of, and the rules governing, property in the public domain; the rules governing means of production that are integrated into the cooperative and social sector of ownership; the basic elements of town and country and urban planning; the rules governing municipal police forces and the form in which they are created. laws that grant authorisation to legislate shall define the object, purpose, extent and duration of such authorisation, which may be extended. without prejudice to their use in partial stages, authorisations to legislate shall not be used more than once. authorisations shall lapse upon the resignation or removal of the government to which they were granted, at the end of the legislature, or upon the dissolution of the assembly of the republic. authorisations granted to the government by the budget law shall comply with the provisions of this article and, when they address fiscal matters, shall only lapse at the end of the fiscal year to which they refer. article 166. form of acts the acts provided for in article 161a shall take the form of constitutional laws. the acts provided for in articles 164a to f, h, j, the first part of l, q and t and 255 shall take the form of organisational laws the acts provided for in article 161b to h shall take the form of laws. the acts provided for in article 163d and e shall take the form of motions. the remaining acts of the assembly of the republic shall take the form of resolutions, as shall those of the standing committee provided for in article 179(3)e and f. resolutions shall be published regardless of their enactment. article 167. initiative in relation to legislation and referenda the power to initiate legislation and referenda shall lie with members, parliamentary groups and the government, and also, subject to the terms and conditions laid down by law, with groups of registered electors. the power to initiate legislation in relation to the autonomous regions shall lie with the respective legislative assembly. no member, parliamentary group, legislative assembly of an autonomous region or group of registered electors shall submit bills or draft amendments which, during the then current financial year, involve an increase in the state's expenditure or a decrease in its revenues as set out in the budget. no member, parliamentary group or group of registered electors shall submit draft referenda which, during the then current financial year, involve an increase in the state's expenditure or a decrease in its revenues as set out in the budget. bills and draft referenda that are definitively rejected may not be resubmitted in the same legislative session, unless a new assembly of the republic is elected. bills and draft referenda that are not put to the vote in the legislative session in which they are submitted shall not require resubmission in the following legislative sessions, unless the legislature itself comes to an end. government bills and draft referenda shall lapse upon the resignation or removal of the government. government bills that are initiated by legislative assemblies of the autonomous regions shall lapse at the end of the respective legislature, save in the event that their general principles have already been passed, in which case they shall only lapse upon the end of the legislature of the assembly of the republic. without prejudice to the bills and draft referenda to which they refer, unless they are withdrawn, parliamentary committees may submit replacement texts therefore. article 168. discussion and voting the discussion of bills shall comprise a debate on the general principles and another on the details. voting shall comprise a vote on the general principles, another on the details and a final overall vote. in the event that the assembly so decides, texts that are passed on the general principles shall be put to the vote on the details in committee, without prejudice to the assembly's power to mandate the plenary to put the details to the vote, or to the final overall vote by the plenary. the details of laws on the matters provided for in articles 164a to f, h, n and o and 165(1)q shall obligatorily be put to the vote by the plenary. when put to the overall final vote, organisational laws shall require passage by an absolute majority of all the members in full exercise of their office. the same majority shall be required for passage of the details of provisions concerning the regions' territorial borders, as provided for in article 255. passage of the following shall require a majority that is at least equal to two thirds of all members present and greater than an absolute majority of all the members in full exercise of their office: the law governing the media regulatory body; the rules governing the provisions of article 118(2); the law that regulates the exercise of the right provided for in article 121(2); the provisions of the laws that regulate the matters referred to in articles 148 and 149, and those concerning the system and method for electing the bodies provided for in article 239(3); the provisions that regulate the subject matter of article 164o; those provisions of the political and administrative statutes of the autonomous regions that set out the matters which are covered by the autonomous regions' power to legislate. article 169. parliamentary consideration of legislation unless passed under the government's exclusive responsibility to legislate, upon a motion made by ten members within thirty days of their publication, excluding periods in which the assembly of the republic's proceedings are suspended, executive laws may be subjected to consideration by the assembly of the republic with a view to causing them to cease to be in force or amending them. once a motion to consider an executive law issued under the terms of an authorisation to legislate has been made and if one or more amendments are proposed, the assembly may suspend the force of all or part of the executive law until either the law that amends it is published, or all the proposed amendments are rejected. such suspensions shall expire after ten plenary sittings, if the assembly has not pronounced itself by then. in the event that the executive law is to cease to be in force, it shall so cease on the day on which the respective resolution is published in the diã¡rio da repãºblica, whereupon the executive law in question shall not be republished during the same legislative session. in the event that a motion to consider has been made and the assembly has not pronounced on the result of such consideration, or in the event that the assembly has decided to make amendments, but has not put the respective law to the vote by the end of the then current legislative session, and on condition that at least fifteen plenary sessions have passed, the consideration process shall be deemed to have lapsed. proceedings concerning the consideration of executive laws shall enjoy priority under the terms of the rules of procedure. article 170. emergency proceedings upon the initiative of any member, or parliamentary group, or the government, the assembly of the republic may declare any bill or draft resolution to be the object of emergency proceedings. upon the initiative of the legislative assembly of the autonomous region in question, the assembly may also declare any regional government bill to be the object of emergency proceedings. chapter iii. organisation and proceedings article 171. legislatures each legislature shall last for four legislative sessions. in the event of the dissolution of the assembly, the newly elected assembly shall commence a new legislature, the duration of which shall be extended at the beginning by such time as is needed to complete the period that corresponds to the legislative session that was in progress at the date of the election. article 172. dissolution the assembly of the republic shall not be dissolved during the six months following its election, during the last six months of the president of the republic's term of office, or during a state of siege or a state of emergency. failure to comply with the provisions of the previous paragraph shall render the dissolution decree nugatory. dissolution of the assembly shall not prejudice the continuation of its members' term of office, or the responsibilities of the standing committee, until the first sitting of the assembly following the subsequent election. article 173. sitting following elections the assembly of the republic shall sit by right on the third day following the calculation of the general results of its election, or, in the case of elections called because a legislature is due to reach its term and the said third day falls before the said legislature reaches its term, on the first day of the following legislature. in the event that such date falls when the assembly is not in full session, it shall sit for the purposes of article 175. article 174. legislative sessions, full sessions and calling legislative sessions shall last for one year commencing on 15 september. without prejudice to suspensions decided by a two-thirds majority of all members present, the assembly of the republic's normal parliamentary term shall be from 15 september to 15 june. following a plenary decision to extend the normal parliamentary term, or on the initiative of the standing committee, or, in the event that the said committee is unable to function and there is a dire emergency, on the initiative of more than half of all the members, the assembly may conduct proceedings outside the term set out in the previous paragraph. the president of the republic may also call the assembly on an extraordinary basis in order to address specific matters. when the assembly so decides under the same terms as those set out in (2) above, committees may conduct proceedings regardless of whether the assembly's plenary is in full session. article 175. internal responsibilities of the assembly the assembly of the republic shall be responsible for: drawing up its rules of procedure, as laid down by this constitution; electing its president and the remaining members of the bureau by absolute majority of all the members in full exercise of their office. the four vice-presidents shall be elected upon proposals from the four largest parliamentary groups; forming the standing committee and the remaining committees. article 176. order of business of plenary sittings the president of the assembly of the republic shall set the order of business in accordance with the priority set out in the rules of procedure and without prejudice to the right of appeal to the assembly's plenary, or to the power provided to the president of the republic under article 174(4). the government and parliamentary groups may request that priority be given to matters of national interest that require urgent resolution. every parliamentary group shall possess the right to set the order of business of a certain number of sittings in accordance with criteria to be laid down by the rules of procedure, in which respect the position of minority parties and parties that are not represented in the government shall always be safeguarded. legislative assemblies of autonomous regions may request that priority be given to matters of regional interest that require urgent resolution. article 177. attendance by members of the government ministers shall possess the right to attend the assembly of the republic's plenary sittings, at which they may be assisted or substituted by their secretaries of state, and both shall possess the right to speak, all as laid down by the rules of procedure. sittings shall be scheduled at which members of the government shall be present in order to respond to members' questions and requests for clarification. such sittings shall take place at the minimum intervals laid down by the rules of procedure and on dates that shall be set by agreement with the government. members of the government may ask to participate in committee proceedings, and shall appear before committees when asked to do so. article 178. committees the assembly of the republic shall have such committees as may be provided for by the rules of procedure, and may form ad hoc committees of inquiry or for any other given purpose. committees shall be composed in proportion to the number of seats each party holds in the assembly of the republic. petitions addressed to the assembly shall be considered by a committee or committees formed especially for the purpose, which may hear other committees with responsibility for the matter in question and in all cases may ask any citizen to testify. without prejudice to their formation in accordance with the normal provisions, and up to a limit of one per member and per legislative session, parliamentary committees of inquiry shall obligatorily be formed when a motion is made to that effect by one fifth of all the members in full exercise of their office. parliamentary committees of inquiry shall possess the investigative powers of the judicial authorities. the chairmanships of the various committees shall be divided between the parliamentary groups in proportion to the number of each group's members. representatives of the legislative assembly of the autonomous region in question may participate in committee meetings at which regional legislative proposals are discussed, as laid down by the rules of procedure. article 179. standing committee outside periods in which the assembly of the republic is in full session, during periods in which it is dissolved, and in the remaining cases provided for by this constitution, the assembly of the republic's standing committee shall be in session. the standing committee shall be chaired by the president of the assembly of the republic and shall also be composed of the vice-presidents and of members nominated by each of the parties, each in proportion to the number of seats it holds in the assembly. the standing committee shall be responsible for: scrutinising compliance with this constitution and the laws and monitoring the activities of the government and the public administration; exercising the assembly's powers in relation to members' mandates; taking steps to call the assembly whenever necessary; preparing the opening of legislative sessions; consenting to the president of the republic's absence from the country; authorising the president of the republic to declare a state of siege or a state of emergency, to declare war or to make peace. in the case provided for in subparagraph f) of the previous paragraph, the standing committee shall take steps to call the assembly as soon as possible. article 180. parliamentary groups the members elected for each party or coalition of parties may form a parliamentary group. each parliamentary group shall possess the following rights: to take part in assembly committees in proportion to the number of its members, and to appoint its representatives on such committees; to be consulted when the order of business is set, and to appeal to the plenary against that order of business; to cause the holding of emergency debates on issues of urgent current public interest, which the government shall attend; in each legislative session, to cause the holding of two debates on a matter of general or sectoral policy, by calling on the government to attend the assembly; to ask the standing committee to take steps to convene the plenary; to move the formation of parliamentary committees of inquiry; to initiate legislation; to make motions rejecting the government's programme; to make motions of no confidence in the government; to be regularly and directly informed by the government as to the situation and progress of the main matters of public interest. each parliamentary group shall possess the right to dispose of places in which to work at the seat of the assembly, together with technical and administrative staff of its choice, as laid down by law. members who do not belong to any parliamentary group shall be ensured certain minimum rights and guarantees, as laid down by the rules of procedure. article 181. assembly staff and specialists the assembly and its committees shall be assisted in their work by a permanent body of technical and administrative staff, and by specialists on assignment or under temporary contracts. the number of such staff and specialists shall be the that which the president considers necessary. title iv. government chapter i. function and structure article 182. definition the government shall be the body that conducts the country's general policy and the supreme authority in the public administration. article 183. composition the government shall be composed of the prime minister, ministers and secretaries and under secretaries of state. the government may include one or more deputy prime ministers. the number, name and responsibilities of the ministries and secretary-of-state's offices and the means of coordination between them shall be laid down in each case by the decree appointing their officeholders, or by executive law. article 184. council of ministers the council of ministers shall be composed of the prime minister, the deputy prime ministers if any, and the ministers. the law may create specialised councils of ministers with responsibility for specific matters. secretaries and under secretaries of state may be required to attend meetings of the council of ministers. article 185. temporary substitution of members of the government in the event that there is no deputy prime minister, the prime minister shall be temporarily substituted during his absence or inability to perform his functions by such minister as he may designate to the president of the republic, or, in the absence of such designation, by the minister designated by the president of the republic. during his absence or inability to perform his functions, each minister shall be temporarily substituted by such secretary of state as he may designate to the prime minister, or, in the absence of such designation, by the member of the government designated by the prime minister. article 186. taking and leaving office the prime minister shall take office upon his installation and shall leave office when he is discharged by the president of the republic. the remaining members of the government shall take office upon their installation and shall leave office when they or the prime minister are discharged. secretaries and under secretaries of state shall also leave office when their minister is discharged. in the event that the government resigns or is removed, the prime minister of the outgoing government shall be discharged on the date of the appointment and installation of the new prime minister. until its programme has been considered by the assembly of the republic, and after its resignation or removal, the government shall limit itself to undertaking such acts as are strictly necessary in order to ensure the management of public affairs. chapter ii. formation and responsibilities article 187. formation the president of the republic shall appoint the prime minister after consulting the parties with seats in assembly of the republic and in the light of the electoral results. the president of the republic shall appoint the remaining members of the government upon a proposal from the prime minister. article 188. the government's programme the government's programme shall set out the main political guidelines and the measures that are to be adopted or proposed in the various areas of governance. article 189. collective responsibility members of government shall be bound by the government's programme and by decisions taken by the council of ministers. article 190. government responsibility the government shall be responsible to the president of the republic and the assembly of the republic. article 191. responsibility of members of the government the prime minister shall be responsible to the president of the republic and, within the ambit of the government's political responsibility, to the assembly of the republic. deputy prime ministers and ministers shall be responsible to the prime minister and, within the ambit of the government's political responsibility, to the assembly of the republic. secretaries and under secretaries of state shall be responsible to the prime minister and their minister. article 192. consideration of the government's programme within at most ten days of its appointment, the government shall submit its programme to the assembly of the republic for consideration, by means of a prime ministerial statement. in the event that the assembly of the republic is not in full session, its president shall obligatorily call it for this purpose. the debate shall not last for more than three days, and until it is closed, any parliamentary group may make a motion rejecting the programme, and the government may request the passage of a confidence motion. rejection of the government's programme shall require an absolute majority of all the members in full exercise of their office. article 193. request for confidence motion the government may ask the assembly of the republic to pass a motion of confidence in relation to a statement of general policy or any important matter of national interest. article 194. no confidence motions upon the initiative of one quarter of all the members in full exercise of their office or of any parliamentary group, the assembly of the republic may subject the government to no confidence motions in relation to the implementation of its programme or to any important matter of national interest. no confidence motions shall only be considered forty-eight hours after they are made, and the debate thereon shall last for no more than three days. if a no confidence motion is not passed, its signatories may not make another such motion during the same legislative session. article 195. resignation or removal of the government the government shall resign upon: the beginning of a new legislature; acceptance by the president of the republic of the prime minister's resignation; the prime minister's death or lasting physical incapacitation; rejection of the government's programme; the failure of any confidence motion; passage of a no confidence motion by an absolute majority of all the members in full exercise of their office. the president of the republic may only remove the government when it becomes necessary to do so in order to ensure the normal functioning of the democratic institutions and after first consulting the council of state. article 196. lifting immunity from criminal prosecution from members of the government no member of the government shall be detained, arrested or imprisoned without the authorisation of the assembly of the republic, save for a serious crime punishable by imprisonment for a maximum term of more than three years and in flagrante delicto. in the event that criminal proceedings are brought against any member of the government and he is definitively charged, the assembly of the republic shall decide whether or not the member of the government shall be suspended so that the proceedings can take their course. in the case of a crime of the type referred to in the previous paragraph, the assembly shall obligatorily suspend him. chapter iii. responsibilities article 197. political responsibilities in the exercise of its political functions the government shall be responsible for: in accordance with article 140, counter-signing acts of the president of the republic; negotiating and finalising international agreements; passing international agreements that do not require passage by, or have not been submitted to, the assembly of the republic; presenting and submitting government bills and draft resolutions to the assembly of the republic; in accordance with article 115, proposing to the president of the republic that important matters of national interest be subjected to referendum; giving its opinion on declarations of a state of siege or a state of emergency; proposing to the president of the republic that he declare war or make peace; in accordance with article 162d, submitting the accounts of the state and of such other public bodies as the law shall lay down, to the assembly of the republic; for the purpose of articles 161n and 163f and in good time, submitting information concerning the process of constructing the european union to the assembly of the republic; undertaking such other acts as may be required of it by this constitution or by law. the government shall pass international agreements by decree. article 198. legislative responsibilities in the exercise of its legislative functions the government shall be responsible for: making executive laws on matters that are not the exclusive responsibility of the assembly of the republic; subject to authorisation by the assembly of the republic, making executive laws on matters that are the partially exclusive responsibility of the assembly; making executive laws that develop the principles or the basic general elements of the legal rules contained in laws that limit themselves to the said principles or basic general elements. the government shall possess exclusive responsibility to legislate on matters that concern its own organisation and proceedings. the executive laws provided for in (1)b and c above shall make express mention of the law granting authorisation to legislate, or the basic law, under which they are passed. article 199. administrative responsibilities in the exercise of its administrative functions the government shall be responsible for: drawing up national plans on the basis of the respective major options, and causing them to be implemented; causing the state budget to be executed; making such regulations as are needed to ensure that laws are properly implemented; directing the state's civil and military departments and services and all activities under its direct administration, superintending indirect administration, and exercising oversight over such indirect administration and over autonomous administration; undertaking all such acts as the law may require in relation to staff and agents of the state and of other public bodies corporate; defending the democratic rule of law; undertaking all such acts and making all such dispositions as may be needed to promote economic and social development and fulfil collective needs. article 200. responsibilities of the council of ministers the council of ministers shall be responsible for: defining the outlines of government policy and of the implementation thereof; deciding whether to ask the assembly of the republic to pass confidence motions; passing government bills and draft resolutions; passing executive laws, and passing international agreements that are not to be submitted to the assembly of the republic; passing national plans; passing government acts that involve increases or reductions in public revenues or expenditure; deciding on such other matters that fall under the government's responsibility as may be entrusted to it by law or submitted to it by the prime minister or any minister. specialised councils of ministers shall fulfil such responsibilities as may be required of them by law or delegated to them by the council of ministers. article 201. responsibilities of members of the government the prime minister shall be responsible for: directing the government's general policy and coordinating and orienting the actions of all the ministers; directing the work of the government and its general relations with other state bodies; informing the president of the republic about matters concerning the conduct of the country's internal and external policy; performing such other functions as may be required of him by this constitution and the law ministers shall be responsible for: implementing the policy that has been set for their ministries; within the scope of their individual ministries, ensuring general relations between the government and other state bodies. the prime minister and the ministers with responsibility for the matter in question shall sign executive laws and decrees issued by the government. title v. courts chapter i. general principles article 202. jurisdiction the courts shall be the bodies that exercise sovereign power which possess the responsibility to administer justice in the name of the people. in administering justice the courts shall ensure the defence of those citizens' rights and interests that are protected by law, repress breaches of the democratic rule of law and rule on conflicts between interests, public and private. in the performance of their functions the courts shall possess the right to the assistance of the other authorities. the law may institutionalise non-judicial instruments and means of settling conflicts. article 203. independence the courts shall be independent and subject only to the law. article 204. compliance with the constitution in matters that are brought to trial, the courts shall not apply rules that contravene the provisions of this constitution or the principles enshrined therein. article 205. court rulings court rulings that are not merely administrative in nature shall set out their grounds in the form laid down by law. court rulings shall be binding on all persons and bodies, public and private, and shall prevail over the decisions of all other authorities. the law shall regulate the terms under which court rulings are implemented in relation to any authority, and shall lay down the penalties to be imposed on any person or body that is responsible for any failure to implement such rulings. article 206. court hearings court hearings shall be public, save in the event that in order to safeguard personal dignity or public morals, or to ensure its own proper operation, the court in question rules otherwise in a written order setting out the grounds for its decision. article 207. juries, public participation and experts in such cases and with such composition as the law may lay down, and particularly when either the prosecution or the defence so request, a jury may participate in the trial of serious crimes, save those involving terrorism or highly organised crime. the law may provide for the participation of lay magistrates in trials concerning labour-related matters, public health infractions, minor offences, the execution of sentences or other cases that justify special consideration of the social values that have been infringed. the law may also provide for the participation of technically qualified assistants in the trial of certain matters. article 208. legal representation the law shall ensure that lawyers enjoy the immunities needed to exercise their mandates and shall regulate legal representation as an element that is essential to the administration of justice. chapter ii. organisation of the courts article 209. categories of court in addition to the constitutional court, there shall be the following categories of court: the supreme court of justice and the courts of law of first and second instance; the supreme administrative court and the remaining administrative and tax courts; the audit court. there may be maritime courts, arbitration tribunals and justices of the peace. the law shall lay down the cases and forms in which the courts provided for in the previous paragraphs can separately or jointly be constituted as conflict-resolution tribunals. without prejudice to the provisions concerning courts martial, courts with the exclusive power to try certain categories of crime shall be prohibited. article 210. supreme court of justice and other courts of law without prejudice to the specific responsibilities of the constitutional court, the supreme court of justice shall be the senior body in the hierarchy of courts of law. the judges of the supreme court of justice shall elect its president. as a general rule the courts of first instance shall be the district courts, the status of which shall be equivalent to that of those referred to in paragraph (2) of the following article. as a general rule the courts of second instance shall be the courts of appeal. the supreme court of justice shall serve as a court of instance in such cases as the law may lay down. article 211. responsibilities and specialisation of courts of law the courts of law shall be the general courts in civil and criminal matters and shall have jurisdiction over every area that is not allocated to other judicial bodies. there may be courts of first instance that possess specific responsibilities or are specialised in the trial of certain matters. the composition of courts of any instance that try crimes of a strictly military nature shall include one or more military judges, as laid down by law. the courts of appeal and the supreme court of justice may operate in specialised sections. article 212. administrative and tax courts without prejudice to the specific responsibilities of the constitutional court, the supreme administrative court shall be the senior body in the hierarchy of administrative and tax courts. the judges of the supreme administrative court shall elect its president from among their number. the administrative and tax courts shall try contested suits and appeals, the purpose of which is to settle disputes arising from administrative and fiscal legal relations. article 213. courts martial during states of war, courts martial with jurisdiction over crimes of a strictly military nature shall be formed. article 214. audit court the audit court shall be the senior body with authority to scrutinise the legality of public expenditure and judge such accounts as the law may require to be submitted to it. it shall particularly be responsible for: issuing an opinion on the general state accounts, including the social security accounts; issuing an opinion on the accounts of the azores and madeira autonomous regions; enforcing liability for financial infractions, as laid down by law; fulfilling such other responsibilities as the law may confer upon it. without prejudice to the provisions of article 133m, the president of the audit court's term of office shall be four years. the audit court may operate in a decentralised manner, in regional sections, as laid down by law. in the azores and madeira autonomous regions there shall be sections of the audit court with full responsibility for the matter in question in the respective region, as laid down by law. chapter iii. status of judges article 215. judges of the courts of law the judges of the courts of law shall form a single body and shall be governed by a single statute. the law shall lay down the requirements and rules governing the recruitment of judges of the courts of law of first instance. the prevailing criterion in the selection of judges of the courts of law of second instance shall be that of merit, to be determined by a competitive submission of curricula by judges of first instance. appointment to the supreme court of justice shall be determined by a competitive submission of curricula by judges, public prosecutors and other meritorious members of the legal profession, as laid down by law. article 216. guarantees and incompatibilities judges shall enjoy security of tenure and shall not be transferred, suspended, retired or removed from office except in the cases laid down by law. save the exceptions laid down by law, judges shall not be held personally liable for their rulings. serving judges shall not perform any other public or private function, save unremunerated teaching or legal research functions, as laid down by law. serving judges shall not be appointed to judicial functions unrelated to the work of the courts without the authorisation of the competent supreme council. the law may lay down other incompatibilities with the exercise of the office of judge. article 217. appointment, assignment, transfer and promotion of judges the appointment, assignment, transfer and promotion of judges of the courts of law and the exercise of discipline over them shall be the responsibility of the supreme judicial council, as laid down by law. the appointment, assignment, transfer and promotion of judges of the administrative and tax courts and the exercise of discipline over them shall be the responsibility of the respective supreme council, as laid down by law. subject to the guarantees provided for by this constitution, the law shall define the rules governing the assignment, transfer and promotion of judges of the remaining courts and the exercise of discipline over them, and shall determine the responsibility to do so. article 218. supreme judicial council the supreme judicial council shall be chaired by the president of the supreme court of justice and shall also be composed of the following members: two to be appointed by the president of the republic; seven to be elected by the assembly of the republic; seven judges to be elected by their peers in accordance with the principle of proportional representation. the rules governing guarantees enjoyed by judges shall apply to all the members of the supreme judicial council. the law may provide for court officials to be members of the supreme judicial council, in which case they shall be elected thereto by their peers. such members shall only participate in the discussion and voting on matters concerning the assessment of the professional merit of, and the exercise of discipline over, court officials. chapter iv. public prosecutors' office article 219. functions, status and role the public prosecutors' office shall be responsible for representing the state and defending such interests as the law may lay down, and, subject to the provisions of the following paragraph and as laid down by law, for participating in the implementation of the criminal policy defined by the bodies that exercise sovereign power, conducting penal action in accordance with the principle of legality, and defending the democratic rule of law. the public prosecutors' office shall possess its own statute and autonomy, as laid down by law. the law shall create special forms of assistance to be provided to the public prosecutors' office in cases involving strictly military crimes. the officials of the public prosecutors' office shall be accountable judicial officers, shall form part of and be subject to a hierarchy and shall not be transferred, suspended, retired or removed from office except in cases provided for by law. the appointment, assignment, transfer and promotion of officials of the public prosecutors' office and the exercise of discipline over them shall be the responsibility of the attorney general's office. article 220. attorney general's office the attorney general's office shall be the senior body of the public prosecutor's office and shall possess the composition and responsibilities laid down by law. the attorney general's office shall be presided over by the attorney general and shall contain the supreme council of the public prosecutors' office, which shall include members elected by the assembly of the republic and members whom the public prosecutors shall elect from among their number. without prejudice to the provisions of article 133m, the attorney general's term of office shall be six years. title vi. constitutional court article 221. definition the constitutional court shall be the court with specific responsibility for administering justice in matters of a legal and constitutional nature. article 222. composition and status of judges the constitutional court shall be composed of thirteen judges, ten of whom shall be appointed by the assembly of the republic and three co-opted by those ten. six of the judges who are appointed by the assembly of the republic or are co-opted shall obligatorily be chosen from among the judges of the remaining courts, and the others from among jurists. the term of office of judge of the constitutional court shall be nine years and shall not be renewable. the judges of the constitutional court shall elect its president. constitutional court judges shall enjoy the same guarantees of independence, security of tenure, impartiality and absence of personal liability and shall be subject to the same incompatibilities as the judges of the other courts. the law shall lay down the immunities and other rules governing the status of constitutional court judges. article 223. responsibilities the constitutional court shall assess cases of unconstitutionality and illegality in accordance with articles 277 et sequitur. the constitutional court shall also be responsible for: verifying the death and declaring the permanent physical incapacity of the president of the republic, and verifying cases in which he is temporarily prevented from performing his functions; verifying forfeiture of the office of president of the republic in the cases provided for in articles 129(3) and 130(3); issuing rulings of final instance on the proper conduct and validity of electoral acts, as laid down by law; for the purpose of article 124(3), verifying the death and declaring the incapacity to exercise the office of president of the republic of any candidate therefore; verifying the legality of the formation of political parties and coalitions thereof, assessing the legality of their names, initials and symbols, and ordering their abolition, all as laid down by this constitution and the law; verifying in advance the constitutionality and legality of national, regional and local referenda, including assessment of requirements in relation to the electors in each case; at the request of members and as laid down by law, ruling on appeals concerning losses of seat and elections held by the assembly of the republic and the legislative assemblies of the autonomous regions; ruling on such cases involving the impugnation of elections within, and the decisions taken by, political parties as by law are subject to appeal. the constitutional court shall also perform such other functions as are conferred upon it by this constitution and the law. article 224. organisation and procedure the law shall lay down the rules governing the constitutional court's seat, manner of organisation and procedures. except for the purpose of the abstract assessment of constitutionality and legality, the law may require the constitutional court to operate in sections. the law shall regulate appeals to the full constitutional court against contradictory rulings by different sections on the application of the same rule or provision. title vii. autonomous regions article 225. political and administrative system in the azores and madeira the specific political and administrative system applicable in the azores and madeira archipelagos shall be based on their geographic, economic, social and cultural characteristics and on the island populations' historic aspirations to autonomy. the autonomy of the regions is designed to ensure their citizens' democratic participation, economic and social development and the promotion and defence of regional interests, as well as the strengthening of national unity and of the bonds of solidarity between all portuguese. regional political and administrative autonomy shall not affect the integrity of the sovereignty of the state and shall be exercised within the overall framework of this constitution. article 226. statutes and electoral laws draft political and administrative statutes and government bills concerning the election of members of the legislative assemblies of the autonomous regions shall be drawn up by the said legislative assemblies and sent to the assembly of the republic for discussion and passage or rejection. if the assembly of the republic rejects or amends such a draft or bill, it shall return it to the respective legislative assembly for consideration and the issue of an opinion. once the opinion has been drawn up, the assembly of the republic shall put the draft or bill to final discussion and the vote. the system provided for in the previous paragraphs shall apply to amendments to the political and administrative statutes and the laws governing the election of members of the legislative assemblies of the autonomous regions. article 227. powers of the autonomous regions the autonomous regions shall be territorial bodies corporate and shall possess the following powers, which shall be defined in their statutes: to legislate within the ambit of the region on such matters as are set out in the political and administrative statute of the region in question and are not the exclusive responsibility of bodies that exercise sovereign power; subject to authorisation by the assembly of the republic, to legislate on matters that fall within that assembly's partially exclusive responsibility to legislate, with the exception of the matters provided for in article 165(1)a to c, the first part of subparagraph d, subparagraphs f and i, the second part of subparagraph m and subparagraphs o, p, q, s, t, v, x and aa; within the ambit of the region, to develop the principles or the basic general elements of the legal rules contained in laws that limit themselves to the said principles or basic general elements; to regulate regional legislation and such laws issued by bodies that exercise sovereign power as do not reserve the power to regulate the laws themselves to the said bodies; to initiate statutes and to initiate legislation concerning the election of members of the respective legislative assemblies pursuant to article 226; to initiate legislation in accordance with article 167(1), by submitting regional government bills and draft amendments thereto to the assembly of the republic; to exercise their own executive power; to administer and dispose of their assets and to undertake such acts and enter into such contracts as may be in their interest; to exercise their own power to tax as laid down by law, as well as to adapt the national fiscal system to the specificities of the region under the terms of framework laws passed by the assembly of the republic; in accordance with their statutes and the law governing the finances of the autonomous regions, to dispose of such tax revenues as may be collected or generated in the autonomous region in question, as well as of a part of the state's tax revenues, to be determined in accordance with a principle that ensures effective national solidarity, and of such other revenue as may be allocated to them, and to appropriate such revenues to their expenditure; to create and abolish local authorities and modify the area thereof, as laid down by law; to exercise the power of oversight over local authorities; to raise rural settlements to the category of town or city; to superintend departments and services, public institutes and public and nationalised companies that work or trade exclusively or predominantly in the region and in such other cases as are justified in the regional interest; to pass the regional economic and social development plan, the regional budget and the region's accounts and to take part in drawing up national plans; without prejudice to the provisions of article 165(1)d, to define administrative offences and the penalties therefore; to participate in the definition and implementation of fiscal, monetary, financial and exchange policy in such a way as to ensure regional control of the means of payment in circulation and the financing of the investments needed for the region's economic and social development; to participate in the definition of policies concerning territorial waters, the exclusive economic zone and the adjacent seabed; to participate in the negotiation of international treaties and agreements that directly concern them and to share in the benefits derived therefrom; to cooperate with foreign regional bodies and to participate in organisations the purpose of which is to foster inter-regional dialogue and cooperation, all in accordance with the guidelines set out by the bodies that exercise sovereign power and are responsible for foreign affairs; on their own initiative, or when consulted by bodies that exercise sovereign power, to give their opinion on issues that fall under the latter's responsibility and concern the autonomous regions, and in matters that concern their specific interests, on the definition of the portuguese state's positions within the ambit of the process of constructing the european union; to participate, when matters that concern them are at stake, in the process of constructing the european union by means of their representation in european regional institutions and on delegations involved in european union decision-making processes, as well as to transpose union legislation and other legal acts in accordance with article 112. regional government bills seeking authorisation to legislate shall be accompanied by the draft regional legislative decree for which authorisation is sought. the provisions of article 165(2) and (3) shall apply to the corresponding laws granting authorisation to legislate. the authorisations referred to in the previous paragraph shall lapse upon the end of the legislature or the dissolution of either the assembly of the republic, or the legislative assembly to which they were granted. the regional legislative decrees provided for in (1)b and c above shall make express mention of the respective laws granting authorisation to legislate or the respective basic laws. the provisions of article 169 shall apply to the former, mutatis mutandis. article 228. legislative autonomy the autonomous regions' legislative autonomy shall apply to such matters set out in the respective political and administrative statute as are not the exclusive responsibility of bodies that exercise sovereign power. in the absence of specific regional legislation on a matter that is not the exclusive responsibility of bodies that exercise sovereign power, the current provisions of the law shall apply to the autonomous regions. article 229. cooperation between bodies that exercise sovereign power and regional bodies in cooperation with the self-government bodies, the bodies that exercise sovereign power shall ensure the autonomous regions' economic and social development, with a particular view to the correction of inequalities derived from the autonomous regions' insular nature. bodies that exercise sovereign power shall always consult the regional self-government bodies in relation to such issues as fall within their own responsibilities and concern the autonomous regions. the financial relations between the republic and the autonomous regions shall be regulated by the law provided for in article 164t. the government of the republic and the regional governments may agree other forms of cooperation, particularly those involving acts entailing the delegation of responsibilities. the corresponding transfer of financial resources and the applicable financial scrutiny mechanisms shall be determined in each such case. article 230. representatives of the republic for each of the autonomous regions there shall be a representative of the republic, whom the president of the republic shall appoint and discharge from office after first consulting the government. unless he is discharged from office, the representative of the republic's term of office shall last for as long as that of the president of the republic and shall end upon installation of a new representative of the republic. in the event that the office falls vacant and in cases in which the representative of the republic is absent or prevented from performing his functions, he shall temporarily be substituted by the president of the legislative assembly. article 231. self-government bodies of the autonomous regions each autonomous region shall have self-government bodies in the form of a legislative assembly and a regional government. legislative assemblies shall be elected by universal, direct and secret suffrage in accordance with the principle of proportional representation. each regional government shall be politically responsible to the legislative assembly of its autonomous region, and the representative of the republic shall appoint its president in the light of the results of the regional elections. the representative of the republic shall appoint and discharge the remaining members of the regional government upon the proposal of its president. each regional government shall take office before the legislative assembly of its autonomous region. each regional government shall possess exclusive responsibility for matters that concern its own organisation and proceedings. the status and role of the officeholders of the self-government bodies of the autonomous regions shall be defined in the latter's political and administrative statutes. article 232. responsibilities of legislative assemblies of autonomous regions the legislative assembly of each autonomous region shall possess exclusive responsibility for the exercise of the powers referred to in article 227(1)a, b and c, the second part of subparagraph d, subparagraph f, the first part of subparagraph i and subparagraphs l, n and q, as well as to pass the regional budget, the region's economic and social development plan and accounts, and to adapt the national fiscal system to the region's specificities. the legislative assembly of each autonomous region shall be responsible for submitting draft regional referenda by means of which the president of the republic may call upon the citizens who are registered to vote in the region's territory to pronounce in binding fashion on questions that are of important specific interest to the region. the provisions of article 115 shall apply to such referenda, mutatis mutandis. the legislative assembly of each autonomous region shall draft and pass its rules of procedure in accordance with this constitution and its political and administrative statute. the provisions of articles 175c, 178(1) to (6), 179 except for (3)e and f and (4), and 180 shall apply, mutatis mutandis, to the legislative assemblies of the autonomous regions and their parliamentary groups. article 233. signature and veto of representatives of the republic the representative of the republic shall be responsible for signing regional legislative decrees and regional regulatory decree and having them published. within fifteen days of reception of any decree of the legislative assembly of the autonomous region that is sent to him for signature, or of the publication of a constitutional court ruling that fails to declare any of its provisions unconstitutional, the representative of the republic shall either sign the decree, or exercise the right of veto. in the latter case, by means of a message setting out the grounds therefore, he shall request that the decree be reconsidered. if the legislative assembly of the autonomous region confirms its original vote by an absolute majority of all its members in full exercise of their office, the representative of the republic shall sign the decree within eight days of receiving it. within twenty days of receipt of any decree of the regional government that is sent to him for signature, the representative of the republic shall either sign or refuse to sign it. in the event of refusal, he shall inform the regional government in writing of the reasons for the veto, whereupon the regional government may convert the decree into a bill for submission to the legislative assembly of the autonomous region. the representative of the republic shall also exercise the right to veto pursuant to articles 278 and 279. article 234. dissolution and removal of self-government bodies after first consulting the council of state and the parties with seats in the legislative assembly in question, the president of the republic may dissolve the legislative assembly of an autonomous region. dissolution of a legislative assembly of an autonomous region shall cause the removal of the regional government, whereupon and until such time as a new regional government takes office following elections, the regional government shall be limited to undertaking such acts as are strictly necessary in order to ensure the management of public affairs. dissolution of a legislative assembly of an autonomous region shall not prejudice the continuation of its members' term of office, or the responsibilities of its standing committee, until the assembly's first sitting following the subsequent elections. title viii. local government chapter i. general principles article 235. local authorities the democratic organisational structure of the state shall include local authorities. local authorities shall be territorial bodies corporate, shall possess representative bodies and shall seek to pursue the interests of the local people. article 236. categories of local authority and administrative division on the mainland, local authorities shall comprise parishes, municipalities and administrative regions. the azores and madeira autonomous regions shall comprise parishes and municipalities. in large urban areas and on the islands the law may create other forms of local government organisation in accordance with the specific conditions prevailing therein or on. the law shall lay down the manner in which portuguese territory is to be divided for administrative purposes. article 237. administrative decentralisation the law shall regulate the responsibilities and organisation of local authorities and the responsibilities of their bodies in accordance with the principle of administrative decentralisation. each local authority assembly shall be responsible for exercising the powers conferred upon it by law, including the power to pass the options of its plan and budget. municipal police forces shall cooperate in maintaining public order and protecting local communities. article 238. local assets and finances local authorities shall possess their own assets and finances. the law shall lay down the rules governing local finances and shall seek to ensure that public resources are justly shared between the state and the local authorities, and the necessary correction in inequalities between local authorities of the same category. each local authority's income shall obligatorily include that derived from the management of its assets and that charged for the use of its services. local authorities may possess the power of taxation in such cases and under such terms as may be laid down by law. article 239. decision-making and executive bodies the organisational structures of local authorities shall comprise an elected assembly with decision-making powers, and a collegiate executive body that shall be answerable to the assembly. assemblies shall be elected by universal, direct and secret suffrage of the citizens who are registered to vote in the area of the local authority in question, in accordance with the proportional representation system. the collegiate executive body shall be composed of an adequate number of members. the first candidate on the list that receives the most votes cast shall be appointed president of the assembly or executive, depending on and in accordance with the solution adopted by law. the law shall also regulate the electoral process, the requirements governing the formation and removal of the assembly and the collegiate executive body, and their proceedings and operation. nominations for election to local authority bodies may be submitted by political parties, either individually or in coalition, or by groups of registered electors, all as laid down by law. article 240. local referenda in such cases, under such terms and with such effect as the law may lay down, local authorities may submit matters that are included within the responsibilities of the local authority bodies to referendum by those of their citizens who are registered to vote. the law may grant the right to initiate referenda to registered electors. article 241. regulatory power within the limits laid down by this constitution and the laws and regulations issued by a higher category of local authority, or by an authority with oversight over the local authority in question, local authorities shall possess their own regulatory power. article 242. administrative oversight administrative oversight of local authorities shall consist of the verification of the local authority bodies' compliance with the law and shall be exercised in such cases and in accordance with such forms as the law may lay down. oversight measures that restrict local autonomy shall be preceded by an opinion from a local authority body and shall be governed by law. local authority bodies may only be dissolved for serious illegal acts or omissions. article 243. local authority staff local authorities shall possess their own staff, as laid down by law. the rules governing state staff and agents shall apply to local government staff and agents, as laid down by law, mutatis mutandis. without prejudice to the autonomy of the local authorities, the law shall define the forms in which the state shall provide such authorities with support in the form of technical and human resources. chapter ii. parishes article 244. parish bodies a parish's representative bodies shall be the parish assembly and the parish authority. article 245. parish assemblies the parish assembly shall be its parish's decision-making body. the law may require that the parish assembly in parishes with very small populations be replaced by the plenary meeting of registered electors. article 246. parish authorities the parish authority shall be its parish's collegiate executive body. article 247. associations parishes may form associations to administer common interests, as laid down by law. article 248. delegation of tasks parish assemblies may delegate administrative tasks that do not entail the exercise of powers of authority to residents' organisations. chapter iii. municipalities article 249. changes to municipalities municipalities shall be created and abolished and their area shall be altered by means of laws, following prior consultation of the bodies of the local authorities in question. article 250. municipal bodies a municipality's representative bodies shall be the municipal assembly and the municipal authority. article 251. municipal assemblies the municipal assembly shall be its municipality's decision-making body and shall be composed of directly elected members and the presidents of the municipality's parish authorities. the number of directly elected members shall be greater than that of the presidents of the parish authorities. article 252. municipal authorities the municipal authority shall be its municipality's collegiate executive body. article 253. associations and federations in order to administer common interests, municipalities may form associations and federations, on which the law may confer specific powers and responsibilities. article 254. share in revenue from direct taxes municipalities shall share in the revenue from direct taxes by right and as laid down by law. municipalities shall possess their own tax revenues, as laid down by law. chapter iv. administrative regions article 255. creation by law the administrative regions shall be created simultaneously by means of a law, which shall define their powers and the composition, responsibilities and proceedings of their bodies and may lay down differences between the rules applicable to each administrative region. article 256. de facto institution the de facto institution of the administrative regions by means of the individual laws instituting each one shall depend on the law provided for in the previous article, and on the casting of an affirmative vote by the majority of the registered electors who cast their votes in a direct national ballot covering each of the regional areas. in the event that the majority of the registered electors who cast their votes do not respond in the affirmative to a question with a national scope on the de facto institution of the administrative regions, the answers to such questions as may be put in relation to each region that is created by the law shall not take effect. the consultation of registered electors provided for in the previous paragraphs shall take place in accordance with the provisions of an organisational law and by decision of the president of the republic, upon a proposal from the assembly of the republic. the system derived from article 115 shall apply mutatis mutandis. article 257. responsibilities administrative regions shall particularly be charged with the direction of public departments and services and with tasks involving the coordination and provision of support for the work of the municipalities, while respecting the municipalities' autonomy and without imposing limits on their powers. article 258. planning administrative regions shall draw up regional plans and shall take part in the drawing up of national plans. article 259. regional bodies the regional assembly and the regional authority shall be an administrative region's representative bodies. article 260. regional assemblies the regional assembly shall be its region's decision-making body. it shall be composed of directly elected members, and by a smaller number of members who shall be elected in accordance with the proportional representation system and using d'hondt's highest-average rule, by an electoral college formed by those members of the same area's municipal assemblies who were appointed by direct election. article 261. regional authorities the regional authority shall be its region's collegiate executive body. article 262. government representatives the council of ministers may appoint a government representative to each region. the responsibilities of such representatives shall also extend to the local authorities in their area. chapter v. residents' organisations article 263. formation and area in order to intensify local people's participation in local administrative life, residents' organisations may be formed within areas smaller than that of their parish. upon its own initiative, or at the request of one or more residents' committees or a significant number of residents, the local parish authority shall delimit the geographic area of the organisations referred to in the previous paragraph and shall resolve any conflicts that arise from such delimitation. article 264. structure the law shall lay down the structure of residents' organisations, which shall include a residents' assembly and a residents' committee. residents' assemblies shall be composed of the residents registered during the parish census. each residents' assembly shall elect a residents' committee, which it shall also be free to dismiss. article 265. rights and responsibilities residents' organisations shall possess the right: to petition local authorities in relation to administrative matters that are of interest to the residents; via their representatives, to participate without vote in the parish assembly. residents' organisations shall be responsible for performing such tasks as the law or their parish bodies may delegate to them. title ix. public administration article 266. fundamental principles the public administration shall seek to pursue the public interest and shall respect all such citizens' rights and interests as are protected by law. administrative bodies and agents shall be subject to this constitution, and in the performance of their functions shall act with respect for the principles of equality, proportionality, justice, impartiality and good faith. article 267. structure of the administration the public administration shall be structured in such a way as to avoid bureaucratisation, bring departments and services closer to local people and ensure that interested parties take part in its effective management, particularly via public associations, residents' organisations and other forms of democratic representation. for the purpose of the previous paragraph and without prejudice to the necessary efficacy and unity of the public administration's work and the management, superintendence and oversight of the competent bodies, the law shall lay down adequate forms of administrative decentralisation and devolution. the law may create independent administrative bodies. public associations may only be formed in order to fulfil specific needs, may not perform the specific functions of trade unions and shall be organised internally on the basis of respect for their members' rights and the democratic formation of their bodies. the processing of administrative activities shall be the object of a special law, which shall ensure that the resources to be used by departments and services are rationalised, and that citizens participate in the taking of decisions that concern them. private bodies that exercise public powers may be subject to administrative inspection as laid down by law. article 268. citizens' rights and guarantees citizens shall possess the right to be informed by the administration whenever they so request as to the progress of the processes in which they are directly interested, as well as to be made aware of such decisions as are taken in relation to them. without prejudice to the law governing matters of internal and external security, criminal investigation and personal privacy, citizens shall also possess the right of access to administrative files and records. administrative acts shall be subject to notification to the interested parties in the form laid down by law, and when they affect rights or interests that are protected by law, shall be based on express grounds that can be accessed by the parties. citizens shall be guaranteed effective judicial oversight of those of their rights and interests that are protected by law, particularly including the recognition of the said rights and interests, the impugnation of any administrative act that harms their rights and interests, regardless of its form, the issue of positive rulings requiring the practise of administrative acts that are due by law, and the issue of adequate injunctions. citizens shall also possess the right to challenge administrative rules which possess external force and which harm any of their rights or interests that are protected by law. for the purposes of (1) and (2) above the law shall lay down a maximum time limit for responses by the administration. article 269. rules governing public administration staff in the performance of their functions, public administration workers and other agents of the state and of other public bodies shall exclusively serve the public interest, as defined in accordance with the law by the administration's competent governing bodies. public administration workers and other agents of the state and of other public bodies shall not be prejudiced or benefited as a result of their exercise of any political rights provided for in this constitution, particularly party political preferences. persons who are the object of disciplinary proceedings shall be guaranteed the right to be heard and to a defence. public positions and offices shall not be accumulated, save in such cases as are expressly permitted by law. the law shall lay down the incompatibilities between the holding of public positions or offices and other activities. article 270. restrictions on the exercise of rights strictly to the extent required by the specific demands of the functions in question, the law may impose restrictions on the exercise of the rights of expression, meeting, demonstration, association and collective petition and the right to stand for election by full-time military and militarised personnel on active service, and by members of the police forces and security services. in the case of the latter, even when their right to form trade unions is recognised, the law may preclude enjoyment of the right to strike. article 271. liability of state staff and agents the staff and agents of the state and of other public bodies shall be civilly and criminally liable and subject to disciplinary proceedings for their actions and omissions in the performance of their functions, and for any such performance that leads to a breach of those citizens' rights and interests that are protected by law. at no stage shall any suit or proceedings in this respect be dependent on authorisation by higher authority. liability shall not accrue to any member of staff or agent who acts in the performance of his duties in compliance with orders or instructions issued by a legitimate hierarchical superior, on condition that he previously protested against the said orders or instructions or required them to be transmitted or confirmed in writing. the duty of obedience shall cease whenever compliance with orders or instructions would imply the commission of any crime. the law shall regulate the terms under which the state and other public entities shall be entitled to indemnification by their bodies, staff and agents. article 272. police the functions of police forces shall be to defend the democratic rule of law and to guarantee citizens' internal security and rights. the measures to be used for policing purposes shall be those laid down by law and shall not be used more than is strictly necessary. crime prevention, including that of crimes against state security, shall only be undertaken in compliance with the general rules governing policing and with respect for citizens' rights, freedoms and guarantees. the law shall lay down the rules governing police forces and each such force shall possess a sole organisational structure for the whole of portuguese territory. title x. national defence article 273. national defence the state shall be under an obligation to ensure the defence of the nation. the objectives of national defence shall be to guarantee national independence, territorial integrity and the freedom and security of the population from any external aggression or threat, while respecting the constitutional order, the democratic institutions and international agreements. article 274. supreme national defence council the supreme national defence council shall be chaired by the president of the republic and shall be composed as laid down by law. the said composition shall include members elected by the assembly of the republic. the supreme national defence council shall be the specific consultative body for matters concerning national defence and the organisation, operation and discipline of the armed forces. it may possess such administrative responsibilities as the law may confer upon it. article 275. armed forces the armed forces shall charged with ensuring the military defence of the republic. the armed forces shall be composed exclusively of portuguese citizens and shall possess a single organisational structure for the whole of portuguese territory. the armed forces shall obey the competent bodies that exercise sovereign power, as laid down by this constitution and the law. the armed forces shall serve the portuguese people and shall be rigorously nonpartisan. their personnel shall not take advantage of their weapons, their positions or their functions to intervene in political matters in any way. as laid down by law, the armed forces shall be charged with fulfilling the portuguese state's commitments in the military field and taking part in humanitarian and peace missions undertaken by international organisations to which portugal belongs. as laid down by law, the armed forces may be charged with cooperating in civil protection missions, tasks concerning the satisfaction of basic needs and the improvement of people's quality of life, and technical and military actions under the aegis of the national cooperation policy. the laws that regulate the state of siege and the state of emergency shall lay down the terms governing the use of the armed forces in such situations. article 276. defence of the nation, military service and civic service every portuguese person shall possess the fundamental right and duty to defend the nation. the law shall regulate military service and shall lay down the forms, voluntary or compulsory nature, duration and content of the performance thereof. citizens who by law are subject to the performance of military service and are considered unfit for armed military service shall perform such unarmed military service or civic service as may be appropriate to their situation. conscientious objectors who by law are subject to the performance of military service shall perform civic service with the same duration and degree of arduousness as armed military service. civic service may be laid down as a replacement for or complement to military service and the law may make it compulsory for citizens who are not subject to military duties. no citizen who fails or ceases to perform compulsory military or civic service duties shall retain or secure employment with the state or any other public body. no citizen shall be prejudiced in relation to any assignment, social benefits or permanent employment as the result of his performance of military service or compulsory civic service. part iv. guaranteeing and revision of the constitution title i. review of constitutionality article 277. positive unconstitutionality rules that contravene any of the provisions of this constitution or the principles enshrined therein shall be unconstitutional. on condition that the rules laid down by properly ratified international treaties are applied in the legal system of the other party thereto, the unconstitutionality in form or substance of such rules shall not prevent their application in the portuguese legal system, save if such unconstitutionality results from the breach of a fundamental provision of this constitution. article 278. prior review of constitutionality the president of the republic may ask the constitutional court to conduct a prior review of the constitutionality of any rule laid down by an international treaty that is submitted to him for ratification, by any decree that is sent to him for enactment as a law or executive law, or by any international agreement, the decree passing which is sent to him for signature. representatives of the republic may also ask the constitutional court to conduct a prior review of the constitutionality of any rule laid down by a regional legislative decree that is sent to them for signature. prior reviews of constitutionality shall be requested within eight days of reception of the document in question. in addition to the president of the republic himself, the prime minister or one fifth of all the members of the assembly of the republic in full exercise of their office may ask the constitutional court to conduct a prior review of the constitutionality of any rule laid down by any decree that is sent to the president of the republic for enactment as an organisational law. on the date on which he sends any decree to the president of the republic for enactment as an organisational law, the president of the assembly of the republic shall notify the prime minister and the parliamentary groups in the assembly of the republic thereof. the prior review of constitutionality provided for in (4) above shall be requested within eight days of the date provided for in (5) above. without prejudice to the provisions of (1) above, the president of the republic shall not enact the decrees referred to in (4) above until eight days have passed after their receipt, or, in the event that the constitutional court is asked to intervene, until it has pronounced thereon. the constitutional court shall pronounce within a period of twenty-five days, which the president of the republic may reduce in the case of (1) above for reasons of emergency. article 279. effects of ruling if the constitutional court pronounces the unconstitutionality of any rule contained in a decree or international treaty, the president of the republic or the representative of the republic, as appropriate, shall veto the statute or treaty and return it to the body that passed it. in the case provided for in (1) above, such a decree shall not be enacted or signed unless the body that passed it expunges the rule that has been deemed unconstitutional, or, where applicable, the said rule is confirmed by a majority that is at least equal to two thirds of all members present and greater than an absolute majority of all the members in full exercise of their office. if the statute or treaty is reformulated, the president of the republic or the representative of the republic, as appropriate, may request the prior review of the constitutionality of any of the rules in the new version. if the constitutional court pronounces the unconstitutionality of any rule contained in a treaty, the said treaty shall only be ratified if the assembly of the republic passes it by a majority that is at least equal to two thirds of all members present and greater than an absolute majority of all the members in full exercise of their office. article 280. specific review of constitutionality and legality appeal may be made to the constitutional court against court rulings: that refuse the application of any rule on the grounds of its unconstitutionality; that apply any rule, the unconstitutionality of which has been raised during the proceedings in question. appeal may also be made to the constitutional court against court rulings: that refuse the application of any rule contained in legislation on the grounds that it is illegal because it breaches a law which possesses superior force; that refuse the application of any rule contained in a regional decree on the grounds that it is illegal because it breaches the autonomous region's statute; that refuse the application of any rule contained in a decree issued by a body that exercises sovereign power, on the grounds that it is illegal because it breaches an autonomous region's statute; that apply any rule, the illegality of which on any of the grounds referred to in subparagraphs a, b and c above has been raised during the proceedings. in the event that the rule, the application of which has been refused, is contained in an international agreement, legislation or a regulatory order, the public prosecutors' office shall obligatorily appeal as provided for in (1)a or 2(a) above. the appeals provided for in (1)b and 2(d) above shall only be brought by the party that raised the question of unconstitutionality or illegality. the law shall regulate the rules governing the admission of such appeals. appeal may also be made to the constitutional court, and the public prosecutors' office shall obligatorily bring such an appeal, against court rulings that apply rules which the constitutional court had previously deemed unconstitutional or illegal. appeals to the constitutional court shall be restricted to the question of unconstitutionality or illegality, as appropriate. article 281. abstract review of constitutionality and legality the constitutional court shall review, and shall declare with generally binding force: the unconstitutionality or otherwise of any rule; the illegality of any rule or rules contained in legislation, on the grounds of the breach of any law with superior force; the illegality of any rule or rules contained in a regional decree, on the grounds of the breach of the autonomous region's statute; the illegality of any rule or rules contained in a statute or decree issued by a body that exercises sovereign power, on the grounds of a breach of one or more of an autonomous region's rights that are enshrined it its statute. the following may ask the constitutional court for a declaration of unconstitutionality or illegality with generally binding force: the president of the republic; the president of the assembly of the republic; the prime minister; the ombudsman; the attorney general; one tenth of the members of the assembly of the republic; in the event that the request for a declaration of unconstitutionality is based on the breach of the rights of autonomous regions, or the request for a declaration of illegality is based on the breach of their statutes, representatives of the republic, legislative assemblies of the autonomous regions, presidents of the legislative assemblies of the autonomous regions, presidents of regional governments, or one tenth of the members of the respective legislative assembly. the constitutional court shall also review, and with generally binding force shall declare, the unconstitutionality or illegality of any rule that the constitutional court has already deemed unconstitutional or illegal in three specific cases. article 282. effects of declaration of unconstitutionality or illegality a declaration of unconstitutionality or illegality with generally binding force shall take effect as of the moment at which the rule declared unconstitutional or illegal came into force, and shall cause the revalidation of such rules as the said rule may have revoked. however, in the case of unconstitutionality or illegality due to breach of a subsequent constitutional or legal rule, such declaration shall only take effect when the latter comes into force. rulings in cases that have already been tried shall stand, save when the constitutional court rules to the contrary in relation to rules that concerned penal or disciplinary matters or administrative offences and their contents were less favourable to the defendant. when required for the purposes of legal certainty, reasons of fairness or an exceptionally important public interest, the grounds for which shall be given, the constitutional court may rule that the scope of the effects of the unconstitutionality or illegality shall be more restricted than those provided for in (1) and (2) above. article 283. unconstitutionality by omission at the request of the president of the republic, the ombudsman, or, on the grounds of the breach of one or more rights of the autonomous regions, presidents of legislative assemblies of the autonomous regions, the constitutional court shall review and verify any failure to comply with this constitution by means of the omission of legislative measures needed to make constitutional rules executable. whenever the constitutional court determines that unconstitutionality by omission exists, it shall notify competent legislative body thereof. title ii. revision of the constitution article 284. responsibility and time for revisions the assembly of the republic may revise the constitution five years after the date of publication of the last ordinary revision law. however, by a four-fifths majority of all the members in full exercise of their office, the assembly of the republic may take extraordinary revision powers at any time. article 285. power to initiate revisions members shall possess the power to initiate revisions. once a draft revision of the constitution has been submitted, any others shall be submitted within thirty days. article 286. passage and enactment alterations to the constitution shall require passage by a two-thirds majority of all the members in full exercise of their office. such alterations to the constitution as are passed shall be collected together in a single revision law. the president of the republic shall not refuse to enact such laws. article 287. new text of the constitution alterations to the constitution shall be inserted in the correct place by means of such replacements, eliminations and additions as may be necessary. the new text of the constitution shall be published along with the revision law. article 288. matters in which revision shall be restricted constitutional revision laws shall respect: national independence and the unity of the state; the republican form of government; the separation between church and state; citizens' rights, freedoms and guarantees; the rights of workers, workers' committees and trade unions; the coexistence of the public, private and cooperative and social sectors in relation to the ownership of the means of production; the requirement for economic plans, which shall exist within the framework of a mixed economy; the elected appointment of the officeholders of the bodies that exercise sovereign power, of the bodies of the autonomous regions and of local government bodies by universal, direct, secret and periodic suffrage; and the proportional representation system; plural expression and political organisation, including political parties, and the right to democratic opposition; the separation and interdependence of the bodies that exercise sovereign power; the subjection of legal rules to a review of their positive constitutionality and of their unconstitutionality by omission; the independence of the courts; the autonomy of local authorities; the political and administrative autonomy of the azores and madeira archipelagos. article 289. circumstances in which revision shall be restricted no act involving the revision of this constitution shall be undertaken during a state of siege or a state of emergency. final and transitional provisions article 290. previous law without prejudice to the provisions of the following paragraph, such constitutional laws enacted after 25 april 1974 as are not safeguarded in this chapter shall be considered ordinary laws. the ordinary law that existed prior to the entry into force of this constitution shall be maintained on condition that it is not contrary to this constitution or to the principles enshrined therein. article 291. districts until such time as the administrative regions are not instituted de facto, such areas as they do not cover shall continue to be divided into districts. each district shall possess a decision-making assembly composed of representatives from its municipalities, under such terms as the law shall lay down. with the assistance of a council, the civil governor shall represent the government and exercise the powers of oversight in the area that comprises each district. article 292. indictment and trial of pide/dgs(*) agents and officials law no. 8/75, dated 25 july 1975, as revised by law no. 16/75, dated 23 december 1975, and by law no. 18/75, dated 26 december 1975, shall remain in force. the law may lay down in more detail the types of crime set out in articles 2(2), 3, 4b and 5 of the statute referred to in the previous paragraph. the law may especially regulate the extraordinary extenuating circumstances provided for in article 7 of the same statute. (*) the pide/dgs (international and state defence police / directorate-general of security) was the new state's political police. article 293. reprivatisation of property nationalised after 25 april l974 a framework law passed by an absolute majority of all the members in full exercise of their office shall regulate reprivatisations of the ownership of, or the right to use, means of production and other property nationalised after 25 april 1974. such reprivatisations shall observe the following fundamental principles: as a general rule, reprivatisations of the ownership of, or the right to use, means of production and other property nationalised after 25 april 1974 shall preferentially be conducted by public invitation to tender, offer on the stock exchange, or public subscription; the revenue obtained from reprivatisations shall be used solely to redeem the public debt and the debts of state-owned businesses, to service the debt resulting from nationalisations, or for new capital investment in the productive sector; the workers of businesses that are the object of reprivatisation shall retain all their rights and obligations in the reprivatisation process; the workers of businesses that are the object of reprivatisation shall acquire the preferential right to subscribe a percentage of the business's share capital; the means of production and other property that are to be reprivatised shall be the object of prior valuation by more than one independent body. small and medium-sized businesses that have been indirectly nationalised and are situated outside the basic sectors of the economy may be reprivatised as laid down by law. article 294. rules applicable to local authority bodies until such time as the law provided for in article 239(3) comes into force, local authority bodies shall be formed and shall operate in accordance with the legislation that corresponds to the text of the constitution as revised by constitutional law no. 1/92, dated 25 november 1992. article 295. referendum on european treaty the provisions of article 115(3) shall not prejudice the possibility of calling and holding a referendum on the approval of a treaty aimed at the construction and deepening of the european union. article 296. date and entry into force of the constitution the constitution of the portuguese republic shall bear the date of its passage by the constituent assembly: 2 april 1976. the constitution of the portuguese republic shall come into force on 25 april 1976. preamble we, the people of tajikistan, as an inseparable part of the world community, realizing our debt and our responsibility to the past, present and future generations, understanding the necessity of ensuring the sovereignty and development of our state, recognizing as unshakable the freedom and rights of man, respecting the equality of rights and friendship of all nations and nationalities, seeking to build a just society, adopt and proclaim this constitution chapter 1. foundations of the constitutional system article 1 the republic of tajikistan is a sovereign, democratic, law-governed, secular, and unitary state. the form of the governance of the republic of tajikistan is presidential. tajikistan is a social state the policy of which is aimed at providing conditions that ensure dignified life and free human development. "republic of tajikistan" and "tajikistan" are equivalent terms. article 2 the state language of tajikistan is the tajik language. russian is the language of communication between the nationalities. all nations and nationalities living on the territory of the republic have the right to freely use their native language. article 3 the state symbols of the republic of tajikistan are the flag, the emblem, and the national anthem. article 4 the capital of tajikistan is the city of dushanbe. article 5 human, its rights and freedoms are the highest value. the life, honor, dignity and other natural rights of man are inviolable. the rights and freedoms of man and citizen are recognized, observed, and protected by the state. article 6 in tajikistan, the people are the bearer of sovereignty and the sole source of the state power, which they exercise directly as well as through their representatives. the ultimate direct expression of the power of the people is a national referendum and elections. the citizens of tajikistan, regardless of their nationalities, constitute the people of tajikistan. no single social organization, political party, group of people or individual has the right to usurp state power. the usurpation of power or infringement on its authorities is prohibited. the right to represent the entire people of tajikistan belongs only to the president and the majlisi milli and the majlisi namoyandagon of the majlisi oli of the republic of tajikistan at their joint session. article 7 the territory of tajikistan is indivisible and inviolable. tajikistan consists of the gorno-badakhshan autonomous oblast, oblasts (areas), cities, rayons (regions), settlements, and villages. the state secures the sovereignty, independence and territorial integrity of the republic. propaganda and actions aimed to divide the unity of the state are prohibited. the procedure for creating and changing administrative-territorial units is regulated by a constitutional law. article 8 in tajikistan, public life shall be developed on the basis of political and ideological pluralism. no single ideology of a party, social association, religious organization, movement, or group may be recognized as the state [ideology]. social associations and political parties are created and function within the framework of the constitution and laws. religious unions are separate from the state and may not interfere with state affairs. creation and functioning of social associations and political parties propagating racism, nationalism, social and religious enmity, or encouraging forcible overthrow of the constitutional system and organization of armed groups are prohibited. the activity of political parties of other countries, establishing national and religious parties, including funding of political parties by foreign countries and organizations, foreign legal entities and citizens shall be prohibited. article 9 the state power is based on the principle of its division into legislative, executive, and judicial. article 10 the constitution of tajikistan has the supreme juridical force [and] its norms have direct effect. laws and other legal acts contradicting the constitution have no juridical force. the state and all its organs, officials, citizens and their associations are obligated to observe and implement the constitution and laws of the republic. international legal acts recognized by tajikistan are a constituent part of the legal system of the republic. in case of disparity between the laws of the republic and the recognized international legal acts, the norms of the international acts apply. laws and international legal acts recognized by tajikistan enter force after their official publication. article 11 tajikistan, conducting peaceful policy, respects the sovereignty and independence of other states [and] determines its foreign policy on the basis of international norms. war propaganda is prohibited. tajikistan, guided by the supreme interests of the people, may join commonwealths and other international organizations as well as withdraw from them [and] establish relations with foreign countries. the state cooperates with compatriots [living] abroad. article 12 foundations of the economy of tajikistan are composed of various forms of property. the state guarantees the freedom of economic and entrepreneurial activity, equality of rights, and legal protection of all forms of property including private property. article 13 the land, its resources, water, airspace, fauna and flora, and other natural resources are exclusively the property of the state, and the state guarantees their effective use in the interests of the people. chapter 2. rights, freedoms, [and] basic duties of man and citizen article 14 the rights and freedoms of individual and citizen are regulated and protected by the constitution, laws of the republic, [and] international legal acts recognized by tajikistan. the rights and freedoms of individual and citizen are exercised directly. they determine the goals, content and application of laws, the activity of legislative, executive and local agencies of state power and self-government and are secured by judicial power. limitations of rights and freedoms of citizens are permitted only for the purpose of securing the rights and freedoms of other citizens, public order, [and] protection of the constitutional system and the territorial integrity of the republic. article 15 a person who was the citizen of the republic of tajikistan on the day of adoption of the constitution shall be the citizen of the republic of tajikistan, or acquired the citizenship of the republic of tajikistan in accordance with the legislation of the republic of tajikistan or the international agreements of tajikistan. belonging to the citizenship of tajikistan and the citizenship of another state shall be not recognized, except in cases indicated by law and interstate treaties of tajikistan. the procedure of acquiring and termination of citizenship of the republic of tajikistan shall be governed by the constitutional law. article 16 a citizen of tajikistan outside the country borders is under the protection of the state. no citizen of the republic may be extradited to a foreign state. extradition of a criminal to a foreign state is resolved on the basis of a bilateral agreement. foreign citizens and stateless persons shall enjoy the established rights and freedoms and have the duties and responsibility equal to [those of] citizens of tajikistan except in cases provided by law. tajikistan may extend political asylum to foreign citizens who have become victims of violation of the rights of man. article 17 all are equal before the law and court. the state guarantees the rights and freedoms of everyone regardless of his nationality, race, gender, language, religious beliefs, political persuasion, education, [and] social and property status. men and women have equal rights. article 18 everyone has the right to life. no one may be deprived of life except by the court verdict for a particularly serious crime. the inviolability of a person is guaranteed by the state. no one may be subjected to torture [and] cruel and inhuman treatment. forced medical and scientific experiments on human[s] are prohibited. article 19 everyone is guaranteed judicial protection. everyone has the right to demand that his case be considered by a competent, independent, and impartial court established in accordance with law. no one may be detained and arrested without legal grounds. a person has the right to services of an attorney from the moment of his arrest. article 20 no one is considered guilty of committing a crime until the entry of the court verdict into legal force. no one may be held responsible after the expiration of the criminal prosecution period as well as for actions that were not considered a crime at the time they were committed. no one may be convicted twice for one and the same crime. a law adopted after a person has committed an illegal act that increases the punishment for it does not have retroactive force. if after committing of an illegal act the responsibility [for that act] is repealed or reduced, the new law applies. full confiscation of the property of a convicted [person] is prohibited. article 21 the law protects the rights of a victim. the state guarantees to the victim judicial protection and compensation for damages inflicted on him. article 22 the home is inviolable. it is not permitted to enter a home and to deprive a person of his home except for cases provided by law. article 23 the secrecy of correspondence, telephone conversations, and telegraph and other personal communications is ensured except in cases provided by law. the collection, storage, use, and dissemination of information about private life of a person without his consent are forbidden. article 24 a citizen has the right to free movement and choice of place of [his] residence, to leave the borders of the republic, and to return to it. article 25 state organs, social associations, political parties, and officials are obligated to provide everyone with the opportunity to receive and become familiar with documents concerning his rights and interests except in cases provided by law. article 26 everyone has the right to independently determine his (her) relationship toward religion, to profess any religion individually or together with others, or to profess none, and to participate in the performance of religious cults, rituals, and ceremonies. article 27 a citizen has the right to participate in political life and state administration directly or through representatives. citizens have equal rights to state service. after having attained the age of 18 years, a citizen has the right to participate in a referendum, to vote, and also to become elected after having attained the age established by the constitution, constitutional laws, and laws. citizens declared incompetent by a court or kept in places of liberty deprivation upon a court verdict do not have the right to participate in elections and referenda. the procedure for conducting elections is regulated by constitutional laws and laws. a referendum is conducted according to a constitutional law. article 28 citizens have the right of association. the citizen shall have the right to participate in creation of political parties, labor unions and other public unions, and to willingly join and leave them. political parties assist in formation and expression of the people's will on the basis of political pluralism, and [they] participate in the political life. their structure and activity must correspond to democratic norms. article 29 a citizen has the right to participate in meetings, rallies, demonstrations, and peaceful processions established by law. no one may be forced to participate in them. article 30 everyone is guaranteed freedom of speech, press, [and] the right to use means of mass information. propaganda and agitation inciting social and racial, national, religious and language enmity and hostility are prohibited. state censorship and prosecution for criticism is prohibited. a list of information constituting a state secret is determined by law. article 31 citizens have the right to appeal individually or jointly with others to state organs. article 32 everyone has the right to property and inheritance. no one has the right to deprive [a citizen of] and limit the citizen's right to property. the confiscation of private property by the state for public needs is permitted only on the basis of law and with the consent of the owner with the full compensation of its value. material and moral damage inflicted on a person as a result of illegal actions by state organs, social associations, political parties, other legal entities or individuals is compensated in accordance with the law at their expense. article 33 family as the foundation of the society is under the protection of the state. everyone has the right to form a family. men and women who have reached the marital age have the right to freely enter into a marriage. in family relations and in dissolution of the marriage, spouses have equal rights. polygamy is prohibited. article 34 a mother and child are under special protection and patronage of the state. parents shall be responsible for the upbringing and education of their children, and adults and the children capable of working shall be responsible for taking care and social security of their parents. the state provides protection of orphaned children and the disabled, their upbringing and education. article 35 everyone has the right to work, to choose their profession [and] job, to protection of work, and to social security in unemployment. wages for work must not be lower than the minimum working wage. any limitations in labor relations are prohibited. equal wages shall be paid for equal work. no one may be subjected to forced labor except in cases determined by law. using the labor of women and minors in heavy and underground works as well as in harmful conditions is prohibited. article 36 everyone has the right to housing. this right is ensured by way of state, public, cooperative, and individual housing construction. article 37 everyone has the right to rest. this right is ensured by way of establishing the length the working day and week, providing paid annual leave, weekly days of rest, and other conditions provided by law. article 38 everyone has the right to protection of health. everyone within the framework determined by law enjoys free medical assistance in the state healthcare establishments. the state adopts measures for improvement of the environment, development of mass sport, physical culture, and tourism. other forms of providing medical assistance are determined by law. article 39 everyone is guaranteed social security in old age, in the event of illness, disability, loss of the ability to work, loss of the provider, and in other instances determined by law. article 40 everyone has the right to freely participate in the cultural life of the society, artistic, scientific, and technical creativity, and to use their achievements. cultural and spiritual treasures are protected by the state. intellectual property is under the protection of law. article 41 everyone has the right to education. general basic education is compulsory. the state guarantees general basic compulsory education free-of-charge in the state educational institutions. everyone within the framework determined by law may receive free-of-charge general secondary, basic vocational, secondary vocational, and higher vocational education in the state educational institutions. other forms of obtaining education are determined by law. article 42 in tajikistan, everyone is obligated to observe its constitution and laws [and] to respect the rights, freedoms, dignity and honor of other people. ignorance of the laws does not release [a person] from responsibility. article 43 defense of the homeland, protection of the state interests [and] strengthening of its independence, security and defense capabilities are the sacred duty of a citizen. procedures for the completion of military service are determined by law. article 44 protection of the nature, historical, and cultural monuments is an obligation of everyone. article 45 payment of taxes and duties determined by law shall be mandatory. laws establishing new taxes or worsening the situation of the taxpayer do not have retroactive force. article 46 in case of a realistic threat to the rights and freedoms of citizens, independence of the state and its territorial integrity, [and] natural disasters as a result of which the constitutional organs of the republic are unable to function normally, as a temporary measure for ensuring the safety of the citizens and state, a state of emergency is declared. the state of emergency period is established for up to three months. in cases of necessity, this period may be extended by the president of the republic of tajikistan. article 47 during a state of emergency the rights and freedoms provided in articles 16, 17, 18, 19, 20, 22, 25 and 28 of the constitution may not be limited. the legal regime of a state of emergency is determined by a constitutional law. chapter 3. the majlisi oli article 48 the majlisi oli the parliament of the republic of tajikistan is the highest representative and legislative organ of the republic of tajikistan. the majlisi oli consists of two majlisis (assemblies) the majlisi milli and the majlisi namoyandagon. the term of the majlisi milli and the majlisi namoyandagon is five years. the powers of the majlisi milli and the majlisi namoyandagon are terminated on the day on which the activity of the majlisi milli and the majlisi namoyandagon of the new convocation begins. the organization and activity of the majlisi oli are determined by a constitutional law. article 49 the majlisi namoyandagon is elected on the basis of universal, equal, and direct suffrage by secret ballot. the majlisi namoyandagon functions on a constant and professional basis. only a person not younger than 30 years old, having only the citizenship of the republic of tajikistan and a university degree shall be elected as a deputy of majlisi namoyandagon. three quarters of the members of the majlisi milli are elected indirectly by way of secret ballot at joint assemblies of people's deputies of the gorno-badakhshan autonomous oblast and its cities and rayons, oblasts and their cities and rayons, the city of dushanbe and its rayons, cities and rayons of republican subordination (jointly). in the majlisi milli, the gorno-badakhshan autonomous oblast, oblasts, the city of dushanbe, [and] cities and rayons of republican subordination have an equal number of representatives. one quarter of the members of the majlisi milli is appointed by the president of the republic of tajikistan. the majlisi milli functions on a convocational basis. a person not younger than 30 years old, having only the citizenship of the republic of tajikistan and a university degree shall be elected as a member of majlisi milli. every former president of the republic of tajikistan is a lifetime member of the majlisi milli unless he declines to exercise this right. a member of majlisi milli and a deputy of majlisi namoyandagon after being appointed or elected takes an oath before the people of tajikistan at a session of majlisi milli and majlisi namoyandagon. the number of members of majlisi milli and deputies of majlisi namoyandagon, the procedure of their election or appointment shall be determined by the constitutional law. article 50 members of the government, judges, officers of law enforcement organs, military personnel and other persons provided by a constitutional law may not become members of the majlisi milli. a citizen may not simultaneously be a member of the majlisi milli and a deputy of the majlisi namoyandagon. a member of the majlisi milli may not be a deputy in more than two representative organs. a deputy of the majlisi namoyandagon may not be a deputy of another representative organ, hold another office, [or] engage in entrepreneurial activity except for scientific, creative, and educational [activity]. article 51 a member of the majlisi milli and a deputy of the majlisi namoyandagon are independent of the will of the electorate [and] have the right to freely express their opinion and to vote according to their conviction. a member of the majlisi milli and a deputy of the majlisi namoyandagon have the right to immunity; he may not be arrested, detained, taken into custody, [and] searched, except in cases of detainment at a scene of a crime. a member of the majlisi milli and a deputy of the majlisi namoyandagon may not be subjected to a personal search except in cases provided for by law in order to ensure safety of other people. issues regarding the deprivation of a member of the majlisi milli and a deputy of the majlisi namoyandagon of their immunity are resolved by the corresponding majlisi upon a presentation of the general procurator. the powers of a member of the majlisi milli and a deputy of the majlisi namoyandagon are terminated in case of their death, submission of resignation, pronouncement of legal incapacity by a court, entry into legal force of a guilty court verdict, loss of citizenship, acquiring the citizenship of another country, leave to permanently reside outside the borders of the republic, occupation of a post incompatible with the status of a member of the majlisi milli, [and] the dissolution of the majlisi milli and the majlisi namoyandagon. the legal status of a member of the majlisi milli and a deputy of the majlisi namoyandagon is determined by constitutional law. article 52 the first session of the majlisi milli and the majlisi namoyandagon is convened by the president of the republic of tajikistan within one month of elections. the first session of the majlisi milli and the majlisi namoyandagon is opened a by the eldest member or deputy, and [he] leads [the session] until the election of the chairmen of the majlisis. the activity of the majlisi milli is conducted in the form of sessions. a session of the majlisi milli is convened by the chairman of the majlisi milli at least four times a year. the activity of the majlisi namoyandagon is conducted in the form of sessions. regular session of the majlisi namoyandagon is held once a year from the first working day of october until the last working day of june. during the period between the sessions of the majlisi milli and the majlisi namoyandagon, the president of the republic of tajikistan may convene extraordinary sessions if necessary. at these sessions, only issues that were the basis for the convocation of these sessions are considered. article 53 the majlisi milli and the majlisi namoyandagon elect from among their members and deputies the chairmen of the majlisis, their first deputies, and deputies. one of the deputy chairmen of the majlisi milli is elected from among the representatives of the gorno-badakhshan autonomous oblast. the chairman of the majlisi milli and the chairman of the majlisi namoyandagon are elected by secret ballot by a majority of all their members or deputies. the procedures for electing the deputy chairmen of the majlisi milli and the majlisi namoyandagon are determined by the rules of procedure of the majlisis. the chairmen of the majlisi milli and the majlisi namoyandagon are accountable to the corresponding majlisis and may be recalled from office by two thirds of the votes of all the members or deputies. the chairmen of the majlisi milli and the majlisi namoyandagon, their first deputies, and deputies lead the sessions and resolve over corresponding issues. the majlisi milli and the majlisi namoyandagon independently form their coordinating and working organs as well as create appropriate committees and commissions [and] hold parliamentary hearings on issues within their competence. coordinating organs of the majlisi milli and the majlisi namoyandagon conduct separate sessions. the majlisi milli and the majlisi namoyandagon adopt their own rules of work. article 54 the majlisi milli and the majlisi namoyandagon conduct sessions separately. sessions of the majlisi milli and the majlisi namoyandagon are empowered when no less than two thirds of all their members or deputies are present. sessions of the majlisi milli and the majlisi namoyandagon are public. in cases provided by law and the rules of procedure of the majlisi milli and the majlisi namoyandagon, closed sessions may also be held. the majlisi milli and the majlisi namoyandagon conduct joint sessions in cases provided by the constitution. article 55 powers of the majlisi milli and the majlisi namoyandagon while conducting joint sessions: approval of presidential decrees on appointment and dismissal of the prime minster and other members of the government; approval of the presidential decree on declaration of martial law and state of emergency; consent to using the armed forces of the republic of tajikistan outside its borders in order to fulfill international obligations of tajikistan; calling presidential elections; acceptance of the president's resignation; awarding the president with state prizes and conferring on him high military titles; consideration of the issue of the immunity of the president. the majlisi milli and the majlisi namoyandagon in joint sessions adopt resolutions regarding the [above] indicated issues. a joint resolution of the majlisi milli and the majlisi namoyandagon is adopted by a majority of votes of all the members of the majlisi milli and deputies of the majlisi namoyandagon, voting separately in each majlisi unless a different procedure for adopting resolutions is established by the constitution. at a joint session of the majlisi milli and the majlisi namoyandagon, the president takes an oath and in his message determines the basic directions of the interior and foreign policy of the republic. article 56 powers of the majlisi milli: creation, abolition and modification of administrative-territorial units; election and recall of the chairman, deputy chairmen, and judges of the constitutional court, the supreme court, and the highest economic court upon the presentation of the president; decision on the issue of immunity deprivation of the chairman, deputy chairmen, and judges of the constitutional court, supreme court and highest economic court; giving consent to the appointment and dismissal of the general procurator and his deputies; exercising other powers determined by the constitution and law. the majlisi milli adopts resolutions regarding the [above] indicated issues within the limits of its powers. resolutions of the majlisi milli are adopted by a majority vote of all its members unless a different procedure for adopting resolutions is established by the constitution. article 57 powers of the majlisi namoyandagon: creation of the central commission for elections and referenda of the republic tajikistan, election and recall of the chairman, deputy chairman, and members of the commission upon the presentation of the president; submission of bills and other important state and public issues for nation-wide debate; approval of socio-economic programs; authorization of disbursement and receipt of state credit; ratification and denouncement of international treaties; calling of a referendum; creation of courts; approval of state symbols; approval of state awards; approval of presidential decrees on appointment and dismissal of the chairman of the national bank and his deputies; establishing of military titles, diplomatic ranks, and other special ranks and titles; establishing of the president's salary; exercising other powers determined by the constitution and law. the majlisi namoyandagon adopts resolutions on considered issues within the limits of its powers. resolutions of the majlisi namoyandagon are adopted by a majority vote of all its deputies unless a different procedure for adopting resolutions is established by the constitution. leaders of foreign countries may address a session of the majlisi namoyandagon. article 58 the right of legislative initiative belongs to a member of the majlisi milli, deputy of the majlisi namoyandagon, the president of the republic of tajikistan, the government of tajikistan, [and] the majlisi of people's deputies of the gorno-badakhshan autonomous oblast. article 59 bills are introduced to the majlisi namoyandagon. amnesty bills are introduced to the majlisi namoyandagon by the president of the republic of tajikistan. budget bills and bills establishing and abolishing taxes are introduced to the majlisi namoyandagon by the government of the republic of tajikistan. article 60 laws are adopted by the majlisi namoyandagon. a law is adopted by a majority vote of all the deputies unless a different procedure is provided by the constitution. laws adopted by the majlisi namoyandagon, except for the laws on the state budget and amnesty , are presented to the majlisi milli. a law is considered approved by the majlisi milli if a majority of all its members voted in favor of it. in case of rejection of a law by the majlisi milli, the law is subject to reconsideration by the majlisi namoyandagon. in case of disagreement of the majlisi namoyandagon with the decision of the majlisi milli, a law is considered adopted if no less than two thirds of all the deputies of the majlisi namoyandagon voted for it a second time. the laws on the state budget and amnesty are adopted only by the majlisi namoyandagon. the majlisi namoyandagon exercises control over the execution of the state budget. article 61 constitutional laws are adopted concerning matters provided by the constitution. constitutional laws are adopted by no less than two thirds of the votes of all the deputies of the majlisi namoyandagon and approved by no less than two thirds of the votes of all the members of the majlisi milli. in case of disagreement of the majlisi namoyandagon with the decision of the majlisi milli, a constitutional law is considered adopted if no less than two thirds of all the deputies of the majlisi namoyandagon voted for it a second time. in accordance with the indicated procedure constitutional interpretation shall be adopted and approved in the form of constitutional law by majlisi namoyandagon. article 62 laws are presented to the president of the republic of tajikistan for signature and promulgation. if the president does not agree with a law or its part, he returns it within fifteen days to the majlisi namoyandagon with his objections. the majlisi milli and the majlisi namoyandagon reconsider the given law according to the procedure established by the constitution. if during the reconsideration the law is approved in the earlier adopted wording by a majority of no less than two thirds of all the members of the majlisi milli and the deputies of the majlisi namoyandagon, the president shall sign the law and promulgate it within 10 days. during reconsideration of a law returned by the president previously adopted by the majlisi namoyandagon by two thirds of the votes, the majlisi milli and the majlisi namoyandagon approve the law again by a majority of no less than two thirds of the votes. if the president returns a constitutional law, the majlisi namoyandagon and the majlisi milli reconsider the given law according to the procedure established by the constitution. if during the reconsideration the constitutional law is approved in the earlier adopted wording by a majority of no less than two thirds of all the members of the majlisi milli and deputies of the majlisi namoyandagon, the president shall sign the law and promulgate it within 10 days. article 63 the majlisi milli and the majlisi namoyandagon in a joint session may dissolve themselves prematurely with the support of no less than two thirds of the members of the majlisi milli and deputies of the majlisi namoyandagon. the majlisi milli and the majlisi namoyandagon may not be dissolved during the state of emergency and martial law. chapter 4. the president article 64 the president of the republic of tajikistan is the head of state and executive power (the government). the president is the guarantor of the constitution and the laws, rights and freedoms of man and citizen, national independence, unity and territorial integrity, continuity of the long-lived state, functioning and interaction of the state organs in concord, [and] observance of international treaties of tajikistan. article 65 the president is elected by the citizens of tajikistan on the basis of universal, equal and direct suffrage by a secret ballot for a term of seven years. a person who is at least 30 years old, has citizenship of the republic of tajikistan only, a university degree, knows state language and has been living within the republic at least 10 years shall run for president of the republic of tajikstan. a person whose candidate nomination collected no less than 5% of the electorate signatures may be registered as a candidate for the post of president. one and the same person may not be president for more than two consecutive terms. the limitation stipulated in part four of this article does not apply to the founder of peace and national unity â�� the leader of the nation. the legal status and powers of the founder of peace and national unity â�� the leader of the nation are determined by the constitutional law. article 66 the election of the president is considered valid if more than one half of the electorate participated in it. a candidate for the post of president for whom more than half of the voters taking part in the election voted is considered elected. the procedure for the election of the president is determined by a constitutional law. article 67 the president before assuming office takes the following oath at the joint session of the majlisi milli and the majlisi namoyandagon : "i, as president, swear to protect the constitution and the laws of the republic, to guarantee the security of the rights, freedoms, honor and dignity of citizens, to protect the territorial integrity, political, economic and cultural independence of tajikistan, [and] to faithfully serve the people." the powers of the president are terminated from the moment a newly elected president takes the oath. article 68 the president does not have the right to hold any other office, be a deputy of representative organs, [or] to engage in entrepreneurial activity. article 69 powers of the president: determines basic directions of the interior and foreign policy of the republic; represents tajikistan within the country and in international relations; creates and abolishes ministries and state committees; appoints and dismisses the prime minister and other members of the government; presents decrees appointing and dismissing the prime minister and other members of the government to the joint session of the majlisi milli and the majlisi namoyandagon for approval; appoints and dismisses the chairmen of the gorno-badakhshan autonomous oblast, oblasts, the city of dushanbe, cities and rayons, [and] presents them for the approval of the appropriate majlis of people's deputies; annuls or suspends acts of organs of executive power in case they contradict the constitution and laws; appoints and dismisses the chairman of the national bank, his deputies, and present relevant decrees for the approval of the majlisi namoyandagon; presents to the majlisi milli candidates for election and recall of chairman, deputy chairmen, and judges of the constitutional court, supreme court and higher economic court; with the consent of the majlisi milli appoints and dismisses the general procurator and his deputies; creates the executive apparatus of the president; creates the security council and leads it; appoints and dismisses judges of military courts, the court of the gorno-badakhshan autonomous oblast, oblasts , the city of dushanbe, the city and rayon courts, and judges of economic courts of the gorno-badakhshan autonomous oblast, oblasts, and the city of dushanbe; calls referendum, elections to the majlisi milli and the majlisi namoyandagon, [and] to local representative organs; signs laws; determines the monetary system and informs the majlisi milli and majlisi namoyandagon about it; administers the reserve fund; leads the conduct of foreign policy, signs international treaties and presents them for the approval of the majlisi namoyandagon; appoints the heads of diplomatic missions in foreign states and the representatives of the republic to international organizations; accepts the credentials of the heads of foreign diplomatic missions; is the supreme commander-in-chief of the armed forces of tajikistan; appoints and dismisses commanders of the armed forces of tajikistan; declares martial law during a realistic threat to national security and presents a corresponding decree for approval of the joint session of the majlisi milli and the majlisi namoyandagon; uses the armed forces of the republic of tajikistan outside its borders in order to fulfill international obligations of tajikistan with the consent of the joint session of the majlisi milli and the majlisi namoyandagon; declares a state of emergency on the entire territory of the republic or in individual locations with an immediate presentation of a corresponding decree for approval to the joint session of the majlisi milli and the majlisi namoyandagon and notification of the united nations; resolves issues of citizenship; grants political asylum; grants pardons; confers the highest titles, diplomatic ranks, [and] other special ranks and titles; awards citizens with state awards, prizes, and honorary titles of tajikistan; executes other powers provided by the constitution and laws. article 70 the president within the limits of his powers issues decrees and orders, informs the joint session of the majlisi milli and the majlisi namoyandagon about the country's situation, [and] submits important and necessary issues for discussion to the joint session of the majlisi milli and the majlisi namoyandagon. article 71 in the case of death, resignation, [or] recognition of the president as incapable, his obligations are transferred to the chairman of the majlisi milli until a newly elected president takes office, and the powers of the chairman of the majlisi milli are transferred to his first deputy . in such cases, presidential elections are held within three months. the president's powers may be terminated upon his declaration of resignation made by him at a joint session of the majlisi milli and the majlisi namoyandagon if a majority of the members of the majlisi milli and deputies of the majlisi namoyandagon, voting in each majlisi separately, vote in favor. if the president is unable to fulfill his obligations due to illness, both majlisis at their joint session , based on the conclusion of the state medical commission created by them, make the decision on an early release of the president from office by no less than two thirds of the votes of all the members and deputies of each majlisi. social security, service and guarding of the president of the republic of tajikistan are governed by the constitutional law. article 72 the president has the right to immunity. the president is deprived of [his] immunity in the event of committing a state treason based on the conclusion of the constitutional court by two thirds of votes of all the members of the majlisi milli and the deputies of the majlisi namoyandagon voting in each majlisi separately. chapter 5. the government article 73 the government of the republic consists of the prime minister, his first deputy, deputies, [ministers and] chairmen of state committees. the government ensures effective leadership in the functioning of the economy, social and spiritual sphere, implementation of laws, joint resolutions of the majlisi milli and the majlisi namoyandagon, resolutions of the majlisi milli, resolutions of the majlisi namoyandagon , [and] decrees and orders of the president of tajikistan. after being appointed by the president of the republic of tajikistan and approval of the decree at a joint session of majlisi milli and majlisi namoyandagon, the members of the government take an oath before the president of the republic of tajikistan. the members of the government must have the citizenship of the republic of tajikistan only and shall not have the right to hold another office, be deputies of representative organs, [or] engage in entrepreneurial activity with the exception of scientific, creative, and educational activity. article 74 the government, in accordance with the constitution and laws of the republic, issues decrees and orders, the implementation of which is obligatory on the territory of tajikistan. the government surrenders its powers to a newly elected president. in case of admission by the government that it is incapable of functioning normally, it may submit its resignation to the president. every member of the government has the right to resign. the procedure for organization, activity, and powers of the government are determined by a constitutional law. article 75 the government presents for consideration to the majlisi namoyandagon socioeconomic programs, issues of disbursement and receipt of state credits, provision of economic assistance to other states, proposal of the state budget and the possible amount of the state budget deficit [and] the sources of its financing. chapter 6. local agencies of state power and self-governing authorities article 76 local agencies of state power shall consist of representative and executive organs which function within the limits of their powers. they ensure the implementation of the constitution, laws, joint resolutions of the majlisi milli and the majlisi namoyandagon, resolutions of the majlisi milli, resolutions of the majlisi namoyandagon, [and] acts of the president and the government of the republic of tajikistan. article 77 the organ of local representative power in oblasts, cities and rayons is the majlis of people's deputies which is guided by the chairman. the term of the majlis of people's deputies is 5 years. the majlis of people's deputies approves the local budget and reports on its implementation, determines the ways of socio-economic development of the area [and] local taxes and payments in accordance with law, determines the ways of administering and governing communal property, [and] exercises other powers determined by the constitution and laws. article 78 the local executive body of the local state power is exercised by the president's representative the chairman of oblast, city, and rayon. the representative and executive power in the corresponding administrative and border units is headed by the chairman. the president appoints and dismisses the chairmen of the gorno-badakhshan autonomous oblast, oblasts, the city of dushanbe, cities, and rayons presenting their candidatures for approval of the corresponding majlis of people's deputies. the chairman is responsible before the higher executive organ and the corresponding majlis of people's deputies. the founding procedure, powers, and activity of the organs of local agendies of state power are regulated by a constitutional law. the organ of self-government of a settlement or village is the jamoat, whose founding procedure, powers, and activity are regulated by law. article 79 the representative organs and the chairman within the limits of their powers adopt legal acts obligatory for implementation on the corresponding territory. in case the acts of the representative organs and the chairman do not correspond to the constitution and laws, they are abolished by higher organs, the organ itself, the chairman , and the court. article 80 in the case of a systematic non-compliance of the majlis of people's deputies of the gorno-badakhshan autonomous oblast, oblasts, the city of dushanbe, cities, and rayons to the constitution and laws, the majlisi milli has the right to dissolve it. chapter 7. the gorno-badakhshan autonomous oblast article 81 the gorno-badakhshan autonomous oblast is an integral and indivisible part of the republic of tajikistan. changing the borders of the gorno-badakhshan autonomous oblast territory without the consent of the majlis of people's deputies is prohibited. article 82 the majlis of people's deputies of the gorno-badakhshan autonomous oblast has the right of legislative initiative. article 83 the powers of the gorno-badakhshan autonomous oblast in social, economic, [and] cultural spheres of life and other powers of the oblast are determined by a constitutional law. chapter 8. the court article 84 judicial power, being independent, is exercised in the name of the state by courts. judicial power protects the rights and freedoms of individual and citizen, interests of the state, organizations, institutions, lawfulness, and justice. the judicial power is exercised by the constitutional court, supreme court, highest economic court, military court, court of gorno-badakhshan autonomous oblast, the courts of oblasts, the city of dushanbe, cities and rayons, the economic court of the gorno-badakhshan autonomous oblast, [and] the economic courts of oblasts and the city dushanbe . the procedure of establishment, organization, and activity of the courts are determined by a constitutional law. the term of authority of the judges is 10 years. the creation of extraordinary courts is prohibited. article 85 a person not younger than 30 years old, having the citizenship of the republic of tajikistan only, university degree in law and at least 5 years of work experience as a judge is elected or appointed to the position of judges of supreme court, supreme economic court, courts of badakhshan autonomous mountainous region, regions and dushanbe city. a person not younger than 25 years old, having the citizenship of the republic of tajikistan only, university degree in law and at least 3 years of professional work experience as a judge is appointed to the position of judges of courts of districts and cities, military court, economic courts of badakhshan autonomous mountainous region, regions and dushanbe city. the mandatory retirement age for judges is determined by the constitutional law. a person who is appointed to the position of judge takes oath in a solemn atmosphere. article 86 judges of the military court, judges of the court of the gorno-badakhshan autonomous oblast, oblasts, the city of dushanbe, city and rayon courts, judges of the economic court of the gorno-badakhshan autonomous oblast, oblasts, and the city of dushanbe are appointed and dismissed by the president in accordance with the procedure established by the constitutional law. article 87 judges are independent in their activity and are subordinate only to the constitution and law. interference in their activity is prohibited. article 88 judges consider cases collectively and individually. the court process is carried out on the basis of the principle of adversarial proceeding and equality of the parties. the examination of cases in all courts is public except for cases provided by law. court proceeding is conducted in the state language or in the language of the majority of the population of the area. persons who do not know the language in which the court proceeding is conducted are provided with the services of a translator. article 89 the constitutional court consists of seven people, one of whom is a representative of the gorno-badakhshan autonomous oblast. a person not younger than 30 years old, having the citizenship of the republic of tajikistan only, university degree in law and at least 7 years of professional work experience is elected to the position of the judge of the constitutional court. the mandatory retirement age for judges is determined by the constitutional law. a person who is elected to the position of judge takes oath at a session of majlisi milli. powers of the constitutional court: determining of the conformity to the constitution of laws, joint legal acts of the majlisi milli and the majlisi namoyandagon, the president, government, supreme court, highest economic court, and other state and social organs, as well as agreements of tajikistan which have not entered into legal force; resolving disputes between state organs regarding their competences; execution of other powers determined by the constitution and laws. acts of the constitutional court are final. article 90 a judge may not hold another office, be a deputy of representative organs, member of political parties and associations, [or] to engage in entrepreneurial activity apart from engaging in scientific, creative, and educational activity. article 91 a judge has the right to immunity. a judge is not subject to arrest and criminal responsibility without the consent of the organ that has elected or appointed him. a judge is not subject to detention except for cases of detention at a scene of a crime. article 92 legal assistance is guaranteed in all stages of investigation and court [proceeding]. the organization of and the procedure for the activity of advocacy and other forms of rendering legal assistance are determined by law. chapter 9. the procuratura article 93 the supervision of the exact and uniform implementation of laws on the territory of tajikistan is carried out by the general procurator and procurators subordinate to him within the limits of their powers. article 94 the general procurator heads a single centralized system of organs of the procuratura of tajikistan. the general procurator is accountable to the majlisi milli and the president. article 95 the general procurator of tajikistan is appointed for a five-year term. the general procurator appoints to office procurators subordinate to him and dismisses them. the term of procurators is five years. the activity, powers, and structure of organs of the procuratura are regulated by law. article 96 the general procurator and procurators subordinate to him exercise their powers independently of other state organs [and] officials and are subordinate only to law. article 97 the procurator may not hold another office, be a deputy of representative organs, member of political parties and associations, [or] to engage in entrepreneurial activity apart from engaging in scientific, educational, and creative activity. chapter 10. procedure for amending the constitution article 98 amendments and supplements to the constitution take place by means of a national referendum. a referendum is called by the president or the majlisi namoyandagon with the support of no less than two thirds of the total number of deputies. article 99 proposed amendments and supplements to the constitution are introduced by the president or by no less than one third of all members of the majlisi milli and deputies of the majlisi namoyandagon. proposed amendments and supplements to the constitution are published in the press three months before the referendum. article 100 the republican form of government, the territorial integrity, the democratic, law-governed, secular, and social nature of the state are unchangeable. transitional provisions amendments and supplements to the constitution of the republic of tajikistan gain juridical force after the announcement of the results of a national referendum from the day of their official publication. laws and other normative legal acts, effective prior to the inclusion into the constitution of the republic of tajikistan, continue to have force in parts not contradicting the adopted amendments and supplements. elections of the president for two consecutive terms, provided by the fourth part of article 65, begin after the end of the current president's term. the members of majlisi milli, deputies of majlisi namoyandagon and cabinet members take an oath in accordance with the procedure established by the constitution and the constitutional laws after "the amendments and supplements to the constitution of the republic of tajikistan" come into force. preamble the national constituent assembly of the republic of china, by virtue of the mandate received from the whole body of citizens, in accordance with the teachings bequeathed by dr. sun yat-sen in founding the republic of china, and in order to consolidate the authority of the state, safeguard the rights of the people, ensure social tranquility, and promote the welfare of the people, do hereby adopt this constitution to be promulgated throughout the land for faithful and perpetual observance by all. chapter i. general provision article 1 the republic of china, founded on the three principles of the people, shall be a democratic republic of the people, to be governed by the people, and for the people. article 2 the sovereignty of the republic of china shall reside in the whole body of citizens. article 3 persons possessing the nationality of the republic of china shall be citizens of the republic of china. article 4 the territory of the republic of china within its existing national boundaries shall not be altered except by a resolution of the national assembly. article 5 there shall be complete equality among the various ethnic groups in the republic of china. article 6 the national flag of the republic of china shall show a red field with a blue sky and a white sun in the upper left corner. chapter ii. rights and duties of the people article 7 all citizens of the republic of china, irrespective of sex, religion, ethnic origin, class, or party affiliation, shall be equal before the law. article 8 personal freedom shall be guaranteed to the people. except in case of flagrante delicto, which shall be separately prescribed by law, no person shall be arrested or detained other than by a judicial or police organ in accordance with the procedure prescribed by law. no person shall be tried or punished other than by a court of law in accordance with the procedure prescribed by law. any arrest, detention, trial, or punishment which is not carried out in accordance with the procedure prescribed by law may be resisted. when a person is arrested or detained on suspicion of having committed a crime, the organ making the arrest or detention shall inform him and any relative or friend designated by him in writing of the grounds for his arrest or detention, and shall turn him over to a competent court for trial not later than twenty-four hours after his arrest. the arrested person or any other person may petition the competent court to serve a writ on the organ making the arrest to surrender him within twenty-four hours for trial. the court shall not reject the petition referred to in the preceding paragraph, nor shall it order the organ concerned to make an investigation and a report on the arrest before surrendering the person for trial. the organ concerned shall not refuse to comply with, or delay compliance with the writ for surrender. when a person is unlawfully arrested or detained by any organ, he or any other person may petition the court to make an investigation. the court shall not reject such a petition and shall, within twenty-four hours, investigate the action taken by the organ concerned and deal with the matter in accordance with law. article 9 with the exception of persons on active military duty nobody shall be subject to trial by a military tribunal. article 10 the people shall have freedom of residence and of change of residence. article 11 the people shall have freedom of speech, teaching, writing, and publication. article 12 the people shall have freedom of privacy of correspondence. article 13 the people shall have freedom of religious belief. article 14 the people shall have freedom of assembly and of association. article 15 the right to existence, the right to work, and the right to own property shall be guaranteed to the people. article 16 the people shall have the right to present petitions, lodge complaints, and institute legal proceedings. article 17 the people shall have the right of election, recall, initiative, and referendum. article 18 the people shall have the right to take public examinations and hold public offices. article 19 the people shall have the duty to pay taxes in accordance with law. article 20 the people shall have the duty to perform military service in accordance with law. article 21 the people shall have the right and the duty to receive elementary education. article 22 all other freedoms and rights of the people that are not detrimental to social order or public welfare shall be guaranteed under the constitution. article 23 all the freedoms and rights enumerated in the preceding articles shall not be restricted by law except such as may be necessary to prevent infringement upon the freedoms of others, to avert an imminent danger, to maintain social order, or to promote public welfare. article 24 any public employee who, in violation of law, infringes upon the freedom or right of any person shall, in addition to being subject to disciplinary measures in accordance with law, be liable to criminal and civil action. the victim may, in accordance with law, claim damages from the state for any injury suffered. chapter iii. the national assembly article 25 the national assembly shall, in accordance with the provisions of this constitution, exercise political powers on behalf of all the citizens of the country. article 26 the national assembly shall be composed of the following delegates: one delegate shall be elected from each county, municipality, or area of equivalent status. in case the population of the electoral district exceeds 500,000, one additional delegate shall be elected for each additional 500,000. the election of delegates representing areas equivalent in status to the county or municipality shall be regulated by law; delegates to represent mongolia shall be elected on the basis of four for each league and one for each special banner; the number of delegates to be elected from tibet shall be determined by law; the number of delegates to be elected by various ethnic groups in frontier regions shall be determined by law; the number of delegates to be elected by chinese citizens residing abroad shall be determined by law; the number of delegates to be elected by occupational groups shall be determined by law; the number of delegates to be elected by women’s organizations shall be determined by law. article 27 the functions of the national assembly shall be as follows: to elect the president and the vice president; to recall the president and the vice president; to amend the constitution; to vote on proposed constitutional amendments submitted by the legislative yuan by way of referendum. with respect to the rights of initiative and referendum, except as is provided in items 3 and 4 of the preceding paragraph, the national assembly shall adopt regulations pertaining thereto and put them into effect after one half of the counties and municipalities of the country shall have exercised their rights of initiative and referendum in their respective jurisdictions. article 28 delegates to the national assembly shall be elected every six years. the term of office of the delegates to each national assembly shall terminate on the day the next national assembly convenes. no incumbent government official may be elected a delegate to the national assembly in the electoral district where he holds office. article 29 the national assembly shall be convoked by the president to meet ninety days prior to the date of expiration of each presidential term. article 30 an extraordinary session of the national assembly shall be convoked in any one of the following circumstances: when, in accordance with the provisions of article 49 of this constitution, a new president and a new vice president are to be elected; when, by a resolution of the control yuan, an impeachment of the president or the vice president is instituted; when, by a resolution of the legislative yuan, an amendment to the constitution is proposed; when an extraordinary session is requested by at least two-fifths of the delegates to the national assembly; when an extraordinary session of the national assembly is to be convoked in accordance with item 1 or item 2 of the preceding paragraph, the president of the legislative yuan shall issue the notice of convocation; when it is to be convoked in accordance with item 3 or item 4, it shall be convoked by the president of the republic. article 31 the national assembly shall meet at the seat of the central government. article 32 no delegate to the national assembly shall be held responsible outside the assembly for opinions expressed or votes cast at meetings of the assembly. article 33 while the assembly is in session, no delegate to the national assembly shall, except in case of flagrante delicto, be arrested or detained without the permission of the national assembly. article 34 the organization of the national assembly, the election and recall of delegates to the national assembly, and the procedure to be used by the national assembly in carrying out its functions shall be regulated by law. chapter iv. the presidency article 35 the president shall be the head of state and shall represent the republic of china in foreign relations. article 36 the president shall have supreme command of the army, navy, and air force of the country. article 37 the president shall, in accordance with the law, promulgate laws and issue mandates with the countersignature of the president of the executive yuan or with the countersignatures of both the president of the executive yuan and the ministers or chairmen of the commissions concerned. article 38 the president shall, in accordance with the provisions of this constitution, exercise the powers of concluding treaties, declaring war, and making peace. article 39 the president may, in accordance with the law, declare martial law with the approval of, or subject to confirmation by, the legislative yuan. when the legislative yuan deems it necessary, it may, by a formal resolution, request the president to lift the martial law already declared. article 40 the president shall, in accordance with the law, exercise the powers of amnesty, pardon, remission of sentence, and restitution of civil rights. article 41 the president shall, in accordance with the law, appoint and dismiss civil and military officers. article 42 the president may, in accordance with the law, confer honors and decorations. article 43 in case of a natural disaster, an epidemic, or a national financial or economic crisis that calls for emergency measures, the president may, during the recess of the legislative yuan, by resolution of the council of the executive yuan and in accordance with the law on emergency orders issue emergency orders and take such measures as may be necessary to cope with the situation. such orders shall, within one month after issuance, be submitted to the legislative yuan for confirmation. in case the legislative yuan withholds confirmation, the said orders shall forthwith cease to be valid. article 44 in case of disputes involving two or more yuan other than those for which provisions are made in this constitution, the president may call a meeting of the presidents of the yuan concerned for consultation with a view to reaching a solution. article 45 any citizen of the republic of china who has reached the age of forty may be elected president or vice president. article 46 the election of the president and the vice president shall be prescribed by law. article 47 the president and the vice president shall serve a term of six years. they may be reelected for a second term. article 48 on assuming office, the president shall take the following oath: “i do solemnly and with all sincerity swear before the people of the whole country that i will observe the constitution, faithfully perform my duties, promote the welfare of the people, and safeguard the security of the state so as not to betray the people’s trust. should i break my oath, i will submit myself to severe punishment by the state. this is my solemn oath.” article 49 in case the office of the president should become vacant, the vice president shall succeed to it until the expiration of the original presidential term. in case the office of both the president and the vice president should become vacant, the president of the executive yuan shall perform the functions of the president and, in accordance with the provisions of article 30 of this constitution, convoke an extraordinary session of the national assembly to elect a new president and a new vice president to serve out the unfinished term of the preceding president. in case the president should, for any cause, be unable to attend to his official duties, the vice president shall perform his functions. in case both the president and the vice president should be unable to attend to their official duties, the president of the executive yuan shall perform the functions of the president. article 50 the president shall be relieved of his duties on the day his term of office expires. if, by that time, the next president has not yet been elected, or if the president-elect and the vice president-elect have not yet assumed office, the president of the executive yuan shall perform the functions of the president. article 51 the period during which the president of the executive yuan performs the functions of the president shall not exceed three months. article 52 the president shall not, without having been recalled or having been relieved of his functions, be liable to criminal prosecution unless he is charged with having committed an act of rebellion or treason. chapter v. administration article 53 the executive yuan shall be the highest administrative organ of the state. article 54 the executive yuan shall have a president, a vice president, and a number of ministers and chairmen of commissions, and ministers without portfolio. article 55 the president of the executive yuan shall be nominated and, upon confirmation by the legislative yuan, appointed by the president of the republic. if, during the recess of the executive yuan, the president of the executive yuan should resign or if his office should become vacant, his functions shall be performed. the president shall, within forty days, request a meeting of the legislative yuan to confirm his nominee for the vacancy. pending confirmation, the vice president of the executive yuan shall temporarily perform the functions of the president of the said yuan. article 56 the vice president of the executive yuan, ministers and chairmen of commissions, and ministers without portfolio shall be appointed by the president of the republic upon the recommendation of the president of the executive yuan. article 57 the executive yuan shall be responsible to the legislative yuan in accordance with the following provisions: the executive yuan has the duty to present to the legislative yuan a statement on its administrative policies and a report on its administration. while the legislative yuan is in session, its members have the right to question the president of the executive yuan and ministers and chairmen of commissions of the executive yuan. in case the legislative yuan does not agree with a major policy of the executive yuan, it may, by a formal resolution, request the executive yuan to change it. confronted with the legislative yuan’s resolution, the executive yuan may, with the approval of the president of the republic, request the legislative yuan to reconsider it. if, after reconsideration, two-thirds of the members of the legislative yuan present at the meeting uphold the original resolution, the president of the executive yuan shall either abide by it or resign from office. in case the executive yuan deems a decision by the legislative yuan on a statutory enactment, a budget or a treaty bill difficult to enforce, it may, with the approval of the president of the republic and within ten days after the transmission of the legislative yuan’s resolution, request the latter to reconsider it. if, after reconsideration, two-thirds of the members of the legislative yuan present at the meeting uphold the original resolution, the president of the executive yuan shall either abide by it or resign from office. article 58 the executive yuan shall have a council of the executive yuan, to be composed of its president, vice president, ministers and chairmen of commissions, and ministers without portfolio, with its president as chairman. statutory or budgetary bills or bills concerning martial law, amnesty, declaration of war, the conclusion of peace, international treaties and other important matters which have to be submitted to the legislative yuan, as well as matters of common concern to all the ministries and commissions, shall be laid before the council of the executive yuan by the president of the executive yuan and by the various ministers and chairmen of commissions for its consideration and decision. article 59 the executive yuan shall, three months before the beginning of each fiscal year, submit to the legislative yuan a budgetary bill for the following fiscal year. article 60 the executive yuan shall, within four months after the end of each fiscal year, submit a final account of revenues and expenditures to the control yuan. article 61 the organization of the executive yuan shall be regulated by law. chapter vi. legislation article 62 the legislative yuan shall be the highest legislative organ of the state. it shall be composed of members elected by the people and shall exercise legislative power on their behalf. article 63 the legislative yuan shall have the power to decide by resolution on statutory and budgetary bills, amnesty, declaration of war, the conclusion of peace, international treaties, and other important matters of state. article 64 the legislative yuan shall be composed of the following delegates: those to be elected from the provinces or municipalities under the direct jurisdiction of the executive yuan shall be five for each province or municipality with a population of not more than 3,000,000; where the population exceeds 3,000,000, one additional member shall be elected for each additional 1,000,000; those to be elected from mongolian leagues and banners; those to be elected from tibet; those to be elected by the ethnic groups in frontier regions; those to be elected by chinese citizens residing abroad; and those to be elected by occupational groups. the election of members of the legislative yuan and the number of those to be elected under items 2 to 6 of the preceding paragraph shall be determined by law. the number of women to be elected under all the items of the preceding paragraph shall be determined by law. article 65 members of the legislative yuan shall serve a term of three years and shall be re-eligible. the election of members of the legislative yuan shall be completed within three months prior to the expiration of each term. article 66 the legislative yuan shall have a president and a vice president to be elected from among its members. article 67 the legislative yuan may set up various committees. the various committees of the legislative yuan may invite government officials and private individuals concerned to be present at the committee meetings to present their views. article 68 the legislative yuan shall hold two sessions each year and shall convene of its own accord. the first session shall be from february to the end of may, and the second from september to the end of december. any session may be prolonged, if necessary. article 69 an extraordinary session of the legislative yuan may be held in either of the following circumstances: at the request of the president of the republic. at the request of at least one-fourth of its members. article 70 the legislative yuan shall not propose any increases of the expenditure in the budgetary bill submitted by the executive yuan. article 71 at meetings of the legislative yuan, the presidents of the various yuan concerned and the various ministers and chairmen of commissions concerned may be present to present their views. article 72 statutory bills passed by the legislative yuan shall be transmitted to the president of the republic and to the executive yuan. the president shall, within ten days after receipt of the bills, promulgate them, but he may also deal with them in accordance with the provisions of article 57 of this constitution. article 73 no member of the legislative yuan shall be held responsible outside the yuan for opinions expressed or votes cast in the yuan. article 74 no member of the legislative yuan shall, except in case of flagrante delicto, be arrested or detained without the permission of the legislative yuan. article 75 no member of the legislative yuan shall concurrently hold a government post. article 76 the organization of the legislative yuan shall be regulated by law. chapter vii. the judiciary article 77 the judicial yuan shall be the highest judicial organ of the state. it shall be competent to try civil, criminal, and administrative cases and to decide on disciplinary sanctions against public employees. article 78 the judicial yuan shall interpret the constitution and shall have the power to unify the interpretation of laws and ordinances. article 79 the judicial yuan shall have a president and a vice president. the president and the vice president of the judicial yuan shall be nominated and, upon confirmation by the control yuan, appointed by the president of the republic. the judicial yuan shall have a number of grand justices who are competent to deal with matters specified in article 78 of this constitution. the grand justices shall be nominated and, upon confirmation by the control yuan, appointed by the president of the republic. article 80 judges shall be impartial. they shall try cases independently, in accordance with the law, and free from any interference. article 81 judges shall hold office for life. no judge shall be removed from office unless he has been guilty of a criminal offense or subjected to disciplinary action, or declared to be under interdiction. no judge shall, except in accordance with law, be suspended or transferred or have his salary reduced. article 82 the organization of the judicial yuan and the court hierarchy shall be determined by law. chapter viii. examination article 83 the examination yuan shall be the highest examination organ of the state. it shall be competent to decide on matters relating to examination, employment, registration, service rating, salary scales, promotion and transfer, security of tenure, commendation, financial assistance to the family in case of death, retirement, and old age pension. article 84 the examination yuan shall have a president, a vice president, and a number of members. they shall be nominated and, upon confirmation by the control yuan, appointed by the president of the republic. article 85 public employees shall be selected through a system of open, competitive examination. provincial and area quotas shall be fixed and examinations shall be held in different areas. no person shall be appointed to public office unless he has successfully passed such an examination. article 86 the following qualifications shall be determined through examination and screening by the examination yuan in accordance with law: qualifications for appointment as public employees; and qualifications for practice in specialized professions or as technicians. article 87 the examination yuan may, with respect to matters for which it is responsible, submit statutory bills to the legislative yuan. article 88 members of the examination yuan shall be non-partisan and shall exercise their functions independently, in accordance with law. article 89 the organization of the examination yuan shall be regulated by law. chapter ix. control article 90 the control yuan shall be the highest control organ of the state. it shall exercise the powers of consent, impeachment, censure, and auditing. article 91 the control yuan shall be composed of members to be elected by provincial and municipal councils, the local councils of mongolia and tibet, and chinese citizens residing abroad. their numbers shall be determined in accordance with the following provisions: five members for each province; two members for each municipality under the direct jurisdiction of the executive yuan; eight members for the mongolian leagues and banners; eight members for tibet; and eight members for chinese citizens residing abroad. article 92 the control yuan shall have a president and a vice president to be elected from among its members. article 93 members of the control yuan shall serve a term of six years and shall be re-eligible. article 94 in exercising its power of confirmation in accordance with this constitution, the control yuan shall do so by a majority vote of the members present at the meeting. article 95 in exercising its power of control, the control yuan may request the executive yuan and its ministries and commissions to submit to it any orders they have issued and all other relevant documents. article 96 the control yuan may, taking into account the work of the executive yuan and its ministries and commissions, set up a number of committees to look into all aspects of their activities in order to determine whether or not they are guilty of a violation of law or neglect of duty. article 97 the control yuan may, on the basis of the findings and resolutions of its committees, propose corrective measures and transmit them to the executive yuan and the ministries and commissions concerned, requesting them to introduce the necessary improvements. in case the control yuan deems a public employee in the central government or in a local government guilty of neglect of duty or a violation of the law, it may propose corrective measures or institute impeachment proceedings. if the case involves a criminal offense, it shall be turned over to a court of law. article 98 impeachment by the control yuan of a public employee in the central government or in a local government shall be instituted upon the proposal of one or more members of the control yuan and the decision, after careful consideration, by a committee composed of at least nine of its members. article 99 in case of impeachment of the personnel of the judicial yuan or of the examination yuan for neglect of duty or violation of the law, the provisions of articles 95, 97, and 98 shall apply. article 100 impeachment proceedings against the president or the vice president shall be instituted upon the proposal of at least one-fourth of the total number of members of the control yuan and the resolution, after careful consideration, by a majority of all members, and shall be transmitted to the national assembly. article 101 no member of the control yuan shall be held responsible outside the yuan for opinions expressed or votes cast in the yuan. article 102 no member of the control yuan shall, except in case of flagrante delicto, be arrested or detained without the permission of the control yuan. article 103 no member of the control yuan shall concurrently hold any other public office or engage in any profession. article 104 the control yuan shall have an auditor general who shall be nominated and, upon confirmation by the legislative yuan, appointed by the president of the republic. article 105 the auditor general shall, within three months after submission by the executive yuan of the final financial account, complete the auditing thereof in accordance with law and submit an audit to the legislative yuan. article 106 the organization of the control yuan shall be determined by law. chapter x. powers of the central and local governments article 107 the central government shall have the powers of legislation and administration with regard to the following matters: foreign affairs; national defense and military affairs concerning national defense; nationality law and criminal, civil, and commercial law; the judiciary; aviation, national highways, state-owned railways, navigation, and postal and telecommunication services; central government finance and national taxes; demarcation of national, provincial, and county taxes; state-operated economic enterprises; the currency system and state banks; weights and measures; foreign trade policy; financial and economic matters affecting aliens or foreign countries; and other matters relating to the central government as provided by this constitution. article 108 with regard to the following matters, the central government shall have the powers of legislation and administration, but may decide to delegate the powers of administration to the provincial or county government: general principles of provincial and county self-government; demarcation of administrative areas; forestry, industry, mining, and commerce; the educational system; banking and stock exchange; shipping and deep-sea fishery; public utilities; cooperative enterprises; water and land communication and transportation between two or more provinces; water conservancy, waterways, agriculture, and animal husbandry concerning two or more provinces; registration, employment, surveillance, and security of tenure of officials in the central and local governments; land legislation; labor legislation and other social legislation; right of eminent domain; census-taking and compilation of population statistics for the whole country; immigration and land reclamation; the police system; public health; disaster relief, financial assistance in case of death and unemployment aid; and preservation of ancient books, ancient relics, and ancient monuments of cultural value. with respect to the various items referred to in the preceding paragraph, the provinces may enact separate rules and regulations provided they do not contravene national laws. article 109 with regard to the following matters, the provincial government shall have the powers of legislation and administration, but may delegate the powers of administration to the county government: provincial education, public health, industry, and communications; management and disposal of provincial property; administration of cities under provincial jurisdiction; provincial public enterprises; provincial cooperative enterprises; provincial agriculture, forestry, water conservancy, fishery, animal husbandry, and public works; provincial finance and revenues; provincial debts; provincial banks; provincial police administration; provincial charitable and public welfare works; and other matters delegated to the provinces in accordance with national laws. unless otherwise provided by law, any of the matters referred to in the various items of the preceding paragraph, in so far as it involves two or more provinces, may be jointly undertaken by the provinces concerned. in case any of the provinces lacks sufficient funds to undertake any of the matters referred to in the various items of the preceding paragraph, subsidies may be granted from the national treasury by a resolution of the legislative yuan. article 110 with regard to the following matters, the county government shall have the powers of legislation and administration: county education, public health, industry, and communications; management and disposal of county property; county public enterprises; county cooperative enterprises; county agriculture, forestry, water conservancy, fishery, animal husbandry, and public works; county finance and taxes; county debts; county banks; county police administration; county charitable and public welfare work; and other matters delegated to the county in accordance with national laws and provincial self-government regulations. unless otherwise provided by law, any of the matters referred to in the various items of the preceding paragraph, in so far as it involves two or more counties, may be jointly undertaken by the counties concerned. article 111 any matter not specifically mentioned in articles 107, 108, 109 and 110 shall fall within the jurisdiction of the central government if it is national in nature, within that of the province if it is provincial in nature, and within that of the county if it concerns the county. in case of dispute, the matter shall be settled by the legislative yuan. chapter xi. system of local government section 1. the province article 112 a province may convoke a provincial people’s representatives conference to draw up, in accordance with the general principles of provincial and county self-government, a set of provincial self-government regulations provided that they do not contravene the constitution. the organization of the provincial people’s representatives conference and the election of the representatives shall be prescribed by law. article 113 the provincial self-government regulations shall include the following provisions: there shall be a provincial assembly. members of the provincial assembly shall be elected by the people of the province. there shall be a provincial government and a provincial governor; the provincial governor shall be elected by the people of the province. relationship between the province and the counties. the legislative powers of the province shall be exercised by the provincial assembly. article 114 after enactment, the provincial self-government regulations shall be submitted to the judicial yuan. if the judicial yuan deems any part of the regulations unconstitutional, it shall declare the relevant provisions null and void. article 115 if, in the course of implementing the provincial self-government regulations, any serious obstacle in the application of any of the articles contained therein arises, the judicial yuan shall first summon the various parties concerned to present their views. then, the presidents of the executive yuan, the legislative yuan, the judicial yuan, the examination yuan, and the control yuan shall form a committee under the chairmanship of the president of the judicial yuan to propose a formula for solution. article 116 provincial rules and regulations that contravene national laws shall be null and void. article 117 in case of doubt as to whether any provincial rule or regulation contravenes national laws, the matter shall be settled by interpretation of the judicial yuan. article 118 the self-government of municipalities under the direct jurisdiction of the executive yuan shall be determined by law. article 119 the local self-government system of the mongolian leagues and banners shall be determined by law. article 120 the system of self-government in tibet shall be safeguarded. section 2. the county article 121 the county shall practice county self-government. article 122 a county may convoke a county people’s representatives conference to draw up, in accordance with the general principles of provincial and county self-government, a set of county self-government regulations which, however, shall not contravene the constitution and the provincial self-government regulations. article 123 the people of the county shall, in accordance with law, exercise the rights of initiative and referendum in matters relating to county self-government and shall, in accordance with law, exercise the rights of election and recall of the magistrate and other county self-government officials. article 124 there shall be a county assembly. members of the county assembly shall be elected by the people of the county. the legislative power of the county shall be exercised by the county assembly. article 125 county rules and regulations that contravene national laws or provincial rules and regulations shall be null and void. article 126 there shall be a county government and a magistrate; the magistrate shall be elected by the people of the county. article 127 the magistrate shall be responsible for all matters relating to county self-government and shall administer such matters as are delegated to the county by the central and provincial governments. article 128 the provisions governing the county shall apply mutatis mutandis to the municipality. chapter xii. election, recall, initiative, and referendum article 129 the various elections prescribed in this constitution shall be by universal, equal, and direct suffrage and by secret ballot, unless otherwise stipulated in this constitution. article 130 any citizen of the republic of china who has attained the age of twenty shall have the right to vote in accordance with the law. unless otherwise provided by this constitution or by law, any citizen who has attained the age of twenty-three shall have the right to stand in elections in accordance with the law. article 131 all candidates in the various elections prescribed in this constitution shall conduct their electoral campaigns in a transparent manner. article 132 intimidation or inducements of a pecuniary nature are strictly forbidden in elections. electoral disputes shall be settled by law courts. article 133 a person duly elected may be recalled by his constituency in accordance with the law. article 134 in the various elections, a certain number of mandates shall be reserved to women; the law provides for the implementation of this objective. article 135 the number of delegates to the national assembly to be elected by people in interior areas with special ways of living and habits and the manner of their election shall be prescribed by law. article 136 the exercise of the rights of initiative and referendum shall be prescribed by law. chapter xiii. fundamental national politics section 1. national defense article 137 the national defense of the republic of china shall have as its objective the safeguarding of national security and the preservation of world peace. the organization of national defense shall be prescribed by law. article 138 the army, navy, and air force of the nation shall be above personal, regional, and party affiliations and shall be loyal to the state and protect the people. article 139 no political party and no individual shall make use of the armed forces as an instrument in the struggle for political power. article 140 no person in active military service may concurrently hold a civil office. section 2. foreign policy article 141 the foreign policy of the republic of china shall, in a spirit of independence and self-reliance and based on the principles of equality and reciprocity, promote friendly relations with other nations and abide by treaties and the charter of the united nations so as to protect the rights and interests of chinese citizens residing abroad, foster international cooperation, advance international justice, and ensure world peace. section 3. the national economy article 142 the national economy shall be based on the principle of people’s livelihood and shall seek to bring about an equal distribution of land rights and regulate the use of private capital in order to ensure an equitable distribution of national income and a sufficient livelihood for the people. article 143 all land within the territorial limits of the republic of china shall belong to the entire body of citizens. private ownership of land, acquired by the people in accordance with the law, shall be protected and limited by law. privately owned land shall be liable to taxation according to its value and may be purchased by the government according to its value. mineral deposits embedded in the land and natural resources which can be used economically in order to promote the public welfare shall belong to the state, even if ownership of the land may have been acquired by private individuals. if the value of a piece of land has been increased other than by the efforts of labor or the employment of capital the state shall levy a tax on the increased value the proceeds of which shall benefit the people as a whole. in the distribution and readjustment of land rights, the state shall, as a rule, assist self-farming land-owners and persons who make use of the land by themselves, and shall also regulate their appropriate areas of operation. article 144 public utilities and other enterprises of a monopolistic nature shall, as a rule, be under public management. in cases determined by law, they may be operated by private citizens. article 145 the state shall restrict private wealth and privately operated enterprises if they are deemed detrimental to the balanced development of national wealth and people’s livelihood. cooperative enterprises shall receive encouragement and assistance from the state. private citizens’ productive enterprises and foreign trade shall receive encouragement, guidance, and protection by the state. article 146 the state shall, by the use of scientific techniques, develop water conservancy, increase the productivity of land, improve agricultural conditions, develop agricultural resources, and accelerate the industrialization of agriculture. article 147 the central government shall extend appropriate financial assistance to the poorer and less productive provinces, in order to achieve a balanced development of the economy of the various provinces. the provincial government shall extend appropriate financial assistance to the poorer and less productive counties in order to achieve a balanced development of the economy of the various counties. article 148 within the territory of the republic of china, all goods shall be permitted to move freely from place to place. article 149 financial institutions shall be subject to state control in accordance with the law. article 150 the state shall establish a large number of financial institutions for ordinary people with a view to reducing unemployment. article 151 with respect to chinese citizens residing abroad, the state shall foster and protect the development of their economic enterprises. section 4. social security article 152 the state shall provide suitable opportunities for work to those persons who are able to work. article 153 the state shall enact laws and carry out policies for the protection of laborers and farmers in order to improve their livelihood and develop their productive skills. special protection shall be provided for women and children engaging in manual labor, in accordance with their age and physical condition. article 154 capital and labor shall, in accordance with the principles of harmony and cooperation, promote the development of productive enterprises. conciliation and arbitration procedures in disputes between capital and labor shall be regulated by law. article 155 the state shall establish a system of social insurance to promote social welfare. to the aged and the physically disabled who are unable to make a living, and to victims of extraordinary calamities, the state shall provide appropriate assistance and relief. article 156 the state, in order to consolidate the foundation of national existence and development, shall protect motherhood and carry out a policy for the promotion of the welfare of women and children. article 157 the state, in order to improve national health, shall establish extensive services for sanitation and health protection, and a system of public medical care. section 5. education and culture article 158 education and culture shall aim at the development, among the citizens, of the national spirit, the spirit of self-government, of national morality, a healthy physical condition, scientific knowledge and the ability to earn a living. article 159 all citizens shall have an equal opportunity to receive education. article 160 all children of school age from six to twelve years shall receive free elementary education. those from poor families shall be supplied with books by the government. all citizens above school age who have not received elementary education shall receive supplementary education free of charge and shall also be supplied with books by the government. article 161 the national, provincial and local governments shall provide a large number of scholarships to assist students of good scholastic standing and exemplary conduct who lack the means to continue their school education. article 162 all public and private educational and cultural institutions in the country shall, in accordance with the law, be subject to state supervision. article 163 the state shall pay due attention to the balanced development of education in the different regions and shall promote social education in order to raise the cultural standards of the citizens in general. grants from the national treasury shall be made to frontier regions and economically poor areas to help them meet their educational and cultural expenses. the central government may either itself run the more important educational and cultural enterprises in such regions and areas or provide them with financial assistance. article 164 expenditure for educational programs, scientific studies and cultural services shall not account for less than fifteen percent of the total expenditure in the central government’s budget, not for less than twenty-five percent of the total expenditure in the provincial budget; and in respect of the municipal or county government, not for less than thirty-five percent of the total expenditure in the municipal or county budget. educational and cultural foundations, established in accordance with the law and their property, shall be protected. article 165 the state shall safeguard the livelihood of those who work in the fields of education, science and art, and shall, in accordance with the development of the national economy, increase their remuneration from time to time. article 166 the state shall encourage scientific discoveries and inventions and shall protect ancient sites and monuments of historical, cultural, or artistic value. article 167 the state shall encourage or subsidize the following enterprises or individuals: private educational enterprises with an outstanding record; overseas chinese educational enterprises with an outstanding record; individuals who have made discoveries or inventions in the fields of learning and technology; and individuals who have rendered long and meritorious services in the field of education. section 6. the frontier regions article 168 the state shall accord to the various ethnic groups in the frontier regions legal protection of their status and shall give special assistance to their local self-government activities. article 169 the state shall actively undertake and foster the development of education, culture, communications, water conservancy, public health, and other economic and social enterprises among the various ethnic groups in the frontier regions. with respect to land utilization, the state shall, in the light of climatic conditions, nature of the soil, and the life and habits of the people, adopt measures for its protection and assist in its development. chapter xiv. enforcement and amendment of the constitution article 170 the term “law” referred to in this constitution shall mean any legislative bill duly passed by the legislative yuan and promulgated by the president of the republic. article 171 laws that contravene the constitution shall be null and void. in case of doubt as to whether a law contravenes the constitution, the matter shall be settled by interpretation of the judicial yuan. article 172 any ordinance that contravenes the constitution or any law shall be null and void. article 173 the constitution shall be interpreted by the judicial yuan. article 174 amendments to the constitution shall be made in accordance with one of the following procedures: the constitution may be amended upon the proposal of one-fifth of the total number of delegates to the national assembly and by a resolution of three-fourths of the delegates present at a meeting attended by at least two-thirds of all delegates to the national assembly. an amendment to the constitution may be drawn up by the legislative yuan upon the proposal of one-fourth of its members and by a resolution of three-fourths of the members present at a meeting attended by at least three-fourths of all members of the yuan, and submitted to the national assembly by way of referendum. such a proposed amendment to the constitution shall be publicly announced half a year before the national assembly convenes. article 175 whenever necessary, enforcement procedures in regard to any matter referred to in this constitution shall be separately prescribed by law. the preparatory procedures for the enforcement of this constitution shall be adopted by a resolution of the national constituent assembly which has drawn up this constitution. the additional articles of the constitution of the republic of china article 1 the electors of the free area of the republic of china shall cast ballots at a referendum within three months of the expiration of a six-month period following the public announcement of a proposal passed by the legislative yuan on the amendment of the constitution or alteration of the national territory. the provisions of article 4 and article 174 of the constitution shall not apply. the provisions of articles 25 through 34 and article 135 of the constitution shall cease to apply. article 2 the president and the vice president shall be directly elected by the entire populace of the free area of the republic of china. this shall be effective from the election for the ninth-term president and vice president in 1996. the presidential and the vice presidential candidates shall register jointly and be listed as a pair on the ballot. the pair that receives the highest number of votes shall be elected. citizens of the free area of the republic of china residing abroad may return to the roc to exercise their electoral rights and this shall be stipulated by law. presidential orders to appoint or remove from office the president of the executive yuan or personnel appointed with the confirmation of the legislative yuan in accordance with the constitution, and to dissolve the legislative yuan, shall not require the countersignature of the president of the executive yuan. the provisions of article 37 of the constitution shall not apply. the president may, by resolution of the executive yuan council, issue emergency decrees and take all necessary measures to avert imminent danger affecting the security of the state or of the people or to cope with any serious financial or economic crisis, the restrictions in article 43 of the constitution notwithstanding. however, such decrees shall, within ten days of issuance, be presented to the legislative yuan for ratification. should the legislative yuan withhold ratification, the said emergency decrees shall forthwith cease to be valid. to determine major policies for national security, the president may establish a national security council and a subsidiary national security bureau. the organization of the said organs shall be stipulated by law. the president may, within ten days following passage by the legislative yuan of a no-confidence vote against the president of the executive yuan, declare the dissolution of the legislative yuan after consulting with its president. however, the president shall not dissolve the legislative yuan while martial law or an emergency decree is in effect. following the dissolution of the legislative yuan, an election for legislators shall be held within 60 days. the new legislative yuan shall convene of its own accord within ten days after the results of the said election have been confirmed, and the term of the said legislative yuan shall be reckoned from that date. the terms of office for both the president and the vice president shall be four years. the president and the vice president may only be re-elected to serve one consecutive term; and the provisions of article 47 of the constitution shall not apply. should the office of the vice president become vacant, the president shall nominate a candidate(s) within three months, and the legislative yuan shall elect a new vice president, who shall serve the remainder of the original term until its expiration. should the offices of both the president and the vice president become vacant, the president of the executive yuan shall exercise the official powers of the president and the vice president. a new president and a new vice president shall be elected in accordance with paragraph 1 of this article and shall serve out each respective original term until its expiration. the pertinent provisions of article 49 of the constitution shall not apply. recall of the president or the vice president shall be initiated upon the proposal of one-fourth of all members of the legislative yuan, and also passed by two-thirds of all the members. the final recall must be passed by more than one-half of the valid ballots in a vote in which more than one-half of the electorate in the free area of the republic of china takes part. should a motion to impeach the president or the vice president initiated by the legislative yuan and presented to the grand justices of the judicial yuan for adjudication be upheld by the constitutional court, the impeached person shall forthwith be relieved of his duties. article 3 the president of the executive yuan shall be appointed by the president. should the president of the executive yuan resign or the office become vacant, the vice president of the executive yuan shall temporarily act as the president of the executive yuan pending a new appointment by the president. the provisions of article 55 of the constitution shall cease to apply. the executive yuan shall be responsible to the legislative yuan in accordance with the following provisions; the provisions of article 57 of the constitution shall cease to apply: the executive yuan has the duty to present to the legislative yuan a statement on its administrative policies and a report on its administration. while the legislative yuan is in session, its members shall have the right to interpellate the president of the executive yuan and the heads of ministries and other organizations under the executive yuan. should the executive yuan deem a statutory, budgetary, or treaty bill passed by the legislative yuan difficult to execute, the executive yuan may, with the approval of the president of the republic and within ten days of the bill's submission to the executive yuan, request the legislative yuan to reconsider the bill. the legislative yuan shall reach a resolution on the returned bill within 15 days after it is received. should the legislative yuan be in recess, it shall convene of its own accord within seven days and reach a resolution within 15 days after the session begins. should the legislative yuan not reach a resolution within the said period of time, the original bill shall become invalid. should more than one-half of the total number of legislative yuan members uphold the original bill, the president of the executive yuan shall immediately accept the said bill. with the signatures of more than one-third of the total number of legislative yuan members, the legislative yuan may propose a no-confidence vote against the president of the executive yuan. seventy-two hours after the no-confidence motion is made, an open-ballot vote shall be taken within 48 hours. should more than one-half of the total number of legislative yuan members approve the motion, the president of the executive yuan shall tender his resignation within ten days, and at the same time may request that the president dissolve the legislative yuan. should the no-confidence motion fail, the legislative yuan may not initiate another no-confidence motion against the same president of the executive yuan within one year. the powers, procedures of establishment, and total number of personnel of national organizations shall be subject to standards set forth by law. the structure, system, and number of personnel of each organization shall be determined according to the policies or operations of each organization and in accordance with the law as referred to in the preceding paragraph. article 4 beginning with the seventh legislative yuan, the legislative yuan shall have 113 members, who shall serve a term of four years, which is renewable after re-election. the election of members of the legislative yuan shall be completed within three months prior to the expiration of each term, in accordance with the following provisions, the restrictions in article 64 and article 65 of the constitution notwithstanding: seventy-three members shall be elected from the special municipalities, counties, and cities in the free area. at least one member shall be elected from each county and city. three members each shall be elected from among the lowland and highland aborigines in the free area. a total of thirty-four members shall be elected from the nationwide constituency and among citizens residing abroad. members for the seats set forth in subparagraph 1 of the preceding paragraph shall be elected in proportion to the population of each special municipality, county, or city, which shall be divided into electoral constituencies equal in number to the number of members to be elected. members for the seats set forth in subparagraph 3 shall be elected from the lists of political parties in proportion to the number of votes won by each party that obtains at least 5 percent of the total vote, and the number of elected female members on each party's list shall not be less than one-half of the total number. when the legislative yuan convenes each year, it may hear a report on the state of the nation by the president. following the dissolution of the legislative yuan by the president and prior to the inauguration of its new members, the legislative yuan shall be regarded as in recess. the territory of the republic of china, defined by its existing national boundaries, shall not be altered unless initiated upon the proposal of one-fourth of the total members of the legislative yuan, passed by at least three-fourths of the members present at a meeting attended by at least three-fourths of the total members of the legislative yuan, and sanctioned by electors in the free area of the republic of china at a referendum held upon expiration of a six-month period of public announcement of the proposal, wherein the number of valid votes in favor exceeds one-half of the total number of electors. should the president issue an emergency decree after dissolving the legislative yuan, the legislative yuan shall convene of its own accord within three days to vote on the ratification of the decree within seven days after the session begins. however, should the emergency decree be issued after the election of new members of the legislative yuan, the new members shall vote on the ratification of the decree after their inauguration. should the legislative yuan withhold ratification, the emergency decree shall forthwith be void. impeachment of the president or the vice president by the legislative yuan shall be initiated upon the proposal of more than one-half of the total members of the legislative yuan and passed by more than two-thirds of the total members of the legislative yuan, whereupon it shall be presented to the grand justices of the judicial yuan for adjudication. the provisions of article 90 and article 100 of the constitution and article 7, paragraph 1 of the additional articles of the constitution shall not apply. no member of the legislative yuan may be arrested or detained without the permission of the legislative yuan, when that body is in session, except in case of flagrante delicto. the provisions of article 74 of the constitution shall cease to apply. article 5 the judicial yuan shall have 15 grand justices. the 15 grand justices, including a president and a vice president of the judicial yuan to be selected from amongst them, shall be nominated and, with the consent of the legislative yuan, appointed by the president of the republic. this shall take effect from the year 2003, and the provisions of article 79 of the constitution shall not apply. the provisions of article 81 of the constitution and pertinent regulations on the lifetime holding of office and payment of salary do not apply to grand justices who did not transfer from the post of a judge. each grand justice of the judicial yuan shall serve a term of eight years, independent of the order of appointment to office, and shall not serve a consecutive term. the grand justices serving as president and vice president of the judicial yuan shall not enjoy the guarantee of an eight-year term. among the grand justices nominated by the president in the year 2003, eight members, including the president and the vice president of the judicial yuan, shall serve for four years. the remaining grand justices shall serve for eight years. the provisions of the preceding paragraph regarding term of office shall not apply. the grand justices of the judicial yuan shall, in addition to discharging their duties in accordance with article 78 of the constitution, form a constitutional court to adjudicate matters relating to the impeachment of the president or the vice president, and the dissolution of unconstitutional political parties. a political party shall be considered unconstitutional if its goals or activities endanger the existence of the republic of china or the nation's free and democratic constitutional order. the proposed budget submitted annually by the judicial yuan may not be eliminated or reduced by the executive yuan; however, the executive yuan may indicate its opinions on the budget and include it in the central government's proposed budgetary bill for submission to the legislative yuan for deliberation. article 6 the examination yuan shall be the highest examination body of the state, and shall be responsible for the following matters; and the provisions of article 83 of the constitution shall not apply: holding of examinations; matters relating to the qualification screening, security of tenure, pecuniary aid in case of death, and retirement of civil servants; and legal matters relating to the employment, discharge, performance evaluation, scale of salaries, promotion, transfer, commendation and award of civil servants. the examination yuan shall have a president, a vice president, and several members, all of whom shall be nominated and, with the consent of the legislative yuan, appointed by the president of the republic; and the provisions of article 84 of the constitution shall not apply. the provisions of article 85 of the constitution concerning the holding of examinations in different areas, with prescribed numbers of persons to be selected according to various provinces and areas, shall cease to apply. article 7 the control yuan shall be the highest control body of the state and shall exercise the powers of impeachment, censure and audit; and the pertinent provisions of article 90 and article 94 of the constitution concerning the exercise of the power of consent shall not apply. the control yuan shall have 29 members, including a president and a vice president, all of whom shall serve a term of six years. all members shall be nominated and, with the consent of the legislative yuan, appointed by the president of the republic. the provisions of article 91 through article 93 of the constitution shall cease to apply. impeachment proceedings by the control yuan against a public functionary in the central government, or local governments, or against personnel of the judicial yuan or the examination yuan, shall be initiated by two or more members of the control yuan, and be investigated and voted upon by a committee of not less than nine of its members, the restrictions in article 98 of the constitution notwithstanding. in the case of impeachment by the control yuan of control yuan personnel for dereliction of duty or violation of the law, the provisions of article 95 and article 97, paragraph 2 of the constitution, as well as the preceding paragraph, shall apply. members of the control yuan shall be beyond party affiliation and independently exercise their powers and discharge their responsibilities in accordance with the law. the provisions of article 101 and article 102 of the constitution shall cease to apply. article 8 the remuneration or pay of the members of the legislative yuan shall be prescribed by law. except for general annual adjustments, individual provisions on increase of remuneration or pay shall take effect starting with the subsequent legislative yuan. article 9 the system of self-government in the provinces and counties shall include the following provisions, which shall be established by the enactment of appropriate laws, the restrictions in article 108, paragraph 1, item 1; article 109; article 112 through article 115; and article 122 of the constitution notwithstanding: a province shall have a provincial government of nine members, one of whom shall be the provincial governor. all members shall be nominated by the president of the executive yuan and appointed by the president of the republic. a province shall have a provincial advisory council made up of a number of members, who shall be nominated by the president of the executive yuan and appointed by the president of the republic. a county shall have a county council, members of which shall be elected by the people of the said county. the legislative powers vested in a county shall be exercised by the county council of the said county. a county shall have a county government headed by a county magistrate who shall be elected by the people of the said county. the relationship between the central government and the provincial and county governments. a province shall execute the orders of the executive yuan and supervise matters governed by the counties. the modifications of the functions, operations, and organization of the taiwan provincial government may be specified by law. article 10 the state shall encourage the development of and investment in science and technology, facilitate industrial upgrading, promote modernization of agriculture and fishery, emphasize exploitation and utilization of water resources, and strengthen international economic cooperation. environmental and ecological protection shall be given equal consideration with economic and technological development. the state shall assist and protect the survival and development of private small and medium-sized enterprises. the state shall manage government-run financial organizations, in accordance with the principles of business administration. the management, personnel, proposed budgets, final budgets, and audits of the said organizations may be specified by law. the state shall promote universal health insurance and promote the research and development of both modern and traditional medicines. the state shall protect the dignity of women, safeguard their personal safety, eliminate sexual discrimination, and further substantive gender equality. the state shall guarantee insurance, medical care, obstacle-free environments, education and training, vocational guidance, and support and assistance in everyday life for physically and mentally handicapped persons, and shall also assist them to attain independence and to develop. the state shall emphasize social relief and assistance, welfare services, employment for citizens, social insurance, medical and health care, and other social welfare services. priority shall be given to funding social relief and assistance, and employment for citizens. the state shall respect military servicemen for their contributions to society, and guarantee studies, employment, medical care, and livelihood for retired servicemen. priority shall be given to funding education, science, and culture, and in particular funding for compulsory education, the restrictions in article 164 of the constitution notwithstanding. the state affirms cultural pluralism and shall actively preserve and foster the development of aboriginal languages and cultures. the state shall, in accordance with the will of the ethnic groups, safeguard the status and political participation of the aborigines. the state shall also guarantee and provide assistance and encouragement for aboriginal education, culture, transportation, water conservation, health and medical care, economic activity, land, and social welfare, measures for which shall be established by law. the same protection and assistance shall be given to the people of the penghu, kinmen, and matsu areas. the state shall accord to nationals of the republic of china residing overseas protection of their rights of political participation. article 11 rights and obligations between the people of the chinese mainland area and those of the free area, and the disposition of other related affairs may be specified by law. article 12 amendment of the constitution shall be initiated upon the proposal of one-fourth of the total members of the legislative yuan, passed by at least three-fourths of the members present at a meeting attended by at least three-fourths of the total members of the legislative yuan, and sanctioned by electors in the free area of the republic of china at a referendum held upon expiration of a six-month period of public announcement of the proposal, wherein the number of valid votes in favor exceeds one-half of the total number of electors. the provisions of article 174 of the constitution shall not apply. preamble based on respect for human dignity, liberty, and equality, dedicated to peace, justice, tolerance, and reconciliation, convinced that democratic governmental institutions and fair procedures best produce peaceful relations within a pluralist society, desiring to promote the general welfare and economic growth through the protection of private property and the promotion of a market economy, guided by the purposes and principles of the charter of the united nations, committed to the sovereignty, territorial integrity, and political independence of bosnia and herzegovina in accordance with international law, determined to ensure full respect for international humanitarian law, inspired by the universal declaration of human rights, the international covenants on civil and political rights and on economic, social and cultural rights, and the declaration on the rights of persons belonging to national or ethnic, religious and linguistic minorities, as well as other human rights instruments, recalling the basic principles agreed in geneva on september 8, 1995, and in new york on september 26, 1995, bosniacs, croats, and serbs, as constituent peoples (along with others), and citizens of bosnia and herzegovina hereby determine that the constitution of bosnia and herzegovina is as follows: article i. bosnia and herzegovina 1. continuation. the republic of bosnia and herzegovina, the official name of which shall henceforth be "bosnia and herzegovina," shall continue its legal existence under international law as a state, with its internal structure modified as provided herein and with its present internationally recognized borders. it shall remain a member state of the united nations and may as bosnia and herzegovina maintain or apply for membership in organizations within the united nations system and other international organizations. 2. democratic principles. bosnia and herzegovina shall be a democratic state, which shall operate under the rule of law and with free and democratic elections. 3. composition. bosnia and herzegovina shall consist of the two entities, the federation of bosnia and herzegovina and the republika srpska (hereinafter "the entities"). 4. movement of goods. services. capital. and persons. there shall be freedom of movement throughout bosnia and herzegovina. bosnia and herzegovina and the entities shall not impede full freedom of movement of persons, goods, services, and capital throughout bosnia and herzegovina. neither entity shall establish controls at the boundary between the entities. 5. capital. the capital of bosnia and herzegovina shall be sarajevo. 6. symbols. bosnia and herzegovina shall have such symbols as are decided by its parliamentary assembly and approved by the presidency. 7. citizenship. there shall be a citizenship of bosnia and herzegovina, to be regulated by the parliamentary assembly, and a citizenship of each entity, to be regulated by each entity, provided that: all citizens of either entity are thereby citizens of bosnia and herzegovina. no person shall be deprived of bosnia and herzegovina or entity citizenship arbitrarily or so as to leave him or her stateless. no person shall be deprived of bosnia and herzegovina or entity citizenship on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. all persons who were citizens of the republic of bosnia and herzegovina immediately prior to the entry into force of this constitution are citizens of bosnia and herzegovina. the citizenship of persons who were naturalized after april 6, 1992 and before the entry into force of this constitution will be regulated by the parliamentary assembly. citizens of bosnia and herzegovina may hold the citizenship of another state, provided that there is a bilateral agreement, approved by the parliamentary assembly in accordance with article iv(4)(d), between bosnia and herzegovina and that state governing this matter. persons with dual citizenship may vote in bosnia and herzegovina and the entities only if bosnia and herzegovina is their country of residence. a citizen of bosnia and herzegovina abroad shall enjoy the protection of bosnia and herzegovina. each entity may issue passports of bosnia and herzegovina to its citizens as regulated by the parliamentary assembly. bosnia and herzegovina may issue passports to citizens not issued a passport by an entity. there shall be a central register of all passports issued by the entities and by bosnia and herzegovina. article ii. human rights and fundamental freedoms 1. human rights. bosnia and herzegovina and both entities shall ensure the highest level of internationally recognized human rights and fundamental freedoms. to that end, there shall be a human rights commission for bosnia and herzegovina as provided for in annex 6 to the general framework agreement. 2. international standards. the rights and freedoms set forth in the european convention for the protection of human rights and fundamental freedoms and its protocols shall apply directly in bosnia and herzegovina. these shall have priority over all other law. 3. enumeration of rights. all persons within the territory of bosnia and herzegovina shall enjoy the human rights and fundamental freedoms referred to in paragraph 2 above; these include: the right to life. the right not to be subjected to torture or to inhuman or degrading treatment or punishment. the right not to be held in slavery or servitude or to perform forced or compulsory labor. the rights to liberty and security of person. the right to a fair hearing in civil and criminal matters, and other rights relating to criminal proceedings. the right to private and family life, home, and correspondence. freedom of thought, conscience, and religion. freedom of expression. freedom of peaceful assembly and freedom of association with others. the right to marry and to found a family. the right to property. the right to education. the right to liberty of movement and residence. 4. non-discrimination. the enjoyment of the rights and freedoms provided for in this article or in the international agreements listed in annex i to this constitution shall be secured to all persons in bosnia and herzegovina without discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. 5. refugees and displaced persons. all refugees and displaced persons have the right freely to return to their homes of origin. they have the right, in accordance with annex 7 to the general framework agreement, to have restored to them property of which they were deprived in the course of hostilities since 1991 and to be compensated for any such property that cannot be restored to them. any commitments or statements relating to such property made under duress are null and void. 6. implementation. bosnia and herzegovina, and all courts, agencies, governmental organs, and instrumentalities operated by or within the entities, shall apply and conform to the human rights and fundamental freedoms referred to in paragraph 2 above. 7. international agreements. bosnia and herzegovina shall remain or become party to the international agreements listed in annex i to this constitution. 8. cooperation. all competent authorities in bosnia and herzegovina shall cooperate with and provide unrestricted access to: any international human rights monitoring mechanisms established for bosnia and herzegovina; the supervisory bodies established by any of the international agreements listed in annex i to this constitution; the international tribunal for the former yugoslavia (and in particular shall comply with orders issued pursuant to article 29 of the statute of the tribunal); and any other organization authorized by the united nations security council with a mandate concerning human rights or humanitarian law. article iii. responsibilities of and relations between the institutions of bosnia and herzegovina and the entities 1. responsibilities of the institutions of bosnia and herzegovina. the following matters are the responsibility of the institutions of bosnia and herzegovina: foreign policy. foreign trade policy. customs policy. monetary policy as provided in article vii. finances of the institutions and for the international obligations of bosnia and herzegovina. immigration, refugee, and asylum policy and regulation. international and inter-entity criminal law enforcement, including relations with interpol. establishment and operation of common and international communications facilities. regulation of inter-entity transportation. air traffic control. 2. responsibilities of the entities. the entities shall have the right to establish special parallel relationships with neighboring states consistent with the sovereignty and territorial integrity of bosnia and herzegovina. each entity shall provide all necessary assistance to the government of bosnia and herzegovina in order to enable it to honor the international obligations of bosnia and herzegovina, provided that financial obligations incurred by one entity without the consent of the other prior to the election of the parliamentary assembly and presidency of bosnia and herzegovina shall be the responsibility of that entity, except insofar as the obligation is necessary for continuing the membership of bosnia and herzegovina in an international organization. the entities shall provide a safe and secure environment for all persons in their respective jurisdictions, by maintaining civilian law enforcement agencies operating in accordance with internationally recognized standards and with respect for the internationally recognized human rights and fundamental freedoms referred to in article ii above, and by taking such other measures as appropriate. each entity may also enter into agreements with states and international organizations with the consent of the parliamentary assembly. the parliamentary assembly may provide by law that certain types of agreements do not require such consent. 3. law and responsibilities of the entities and the institutions. all governmental functions and powers not expressly assigned in this constitution to the institutions of bosnia and herzegovina shall be those of the entities. the entities and any subdivisions thereof shall comply fully with this constitution, which supersedes inconsistent provisions of the law of bosnia and herzegovina and of the constitutions and law of the entities, and with the decisions of the institutions of bosnia and herzegovina. the general principles of international law shall be an integral part of the law of bosnia and herzegovina and the entities. 4. coordination. the presidency may decide to facilitate inter-entity coordination on matters not within the responsibilities of bosnia and herzegovina as provided in this constitution, unless an entity objects in any particular case. 5. additional responsibilities. bosnia and herzegovina shall assume responsibility for such other matters as are agreed by the entities; are provided for in annexes 5 through 8 to the general framework agreement; or are necessary to preserve the sovereignty, territorial integrity, political independence, and international personality of bosnia and herzegovina, in accordance with the division of responsibilities between the institutions of bosnia and herzegovina. additional institutions may be established as necessary to carry out such responsibilities. within six months of the entry into force of this constitution, the entities shall begin negotiations with a view to including in the responsibilities of the institutions of bosnia and herzegovina other matters, including utilization of energy resources and cooperative economic projects. article iv. parliamentary assembly the parliamentary assembly shall have two chambers: the house of peoples and the house of representatives. 1. house of peoples. the house of peoples shall comprise 15 delegates, two-thirds from the federation (including five croats and five bosniacs) and one-third from the republika srpska (five serbs). the designated croat and bosniac delegates from the federation shall be selected, respectively, by the croat and bosniac delegates to the house of peoples of the federation. delegates from the republika srpska shall be selected by the national assembly of the republika srpska. nine members of the house of peoples shall comprise a quorum, provided that at least three bosniac, three croat, and three serb delegates are present. 2. house of representatives. the house of representatives shall comprise 42 members, twothirds elected from the territory of the federation, one-third from the territory of the republika srpska. members of the house of representatives shall be directly elected from their entity in accordance with an election law to be adopted by the parliamentary assembly. the first election, however, shall take place in accordance with annex 3 to the general framework agreement. a majority of all members elected to the house of representatives shall comprise a quorum. 3. procedures. each chamber shall be convened in sarajevo not more than 30 days after its selection or election. each chamber shall by majority vote adopt its internal rules and select from its members one serb, one bosniac, and one croat to serve as its chair and deputy chairs, with the position of chair rotating among the three persons selected. all legislation shall require the approval of both chambers. all decisions in both chambers shall be by majority of those present and voting. the delegates and members shall make their best efforts to see that the majority includes at least one-third of the votes of delegates or members from the territory of each entity. if a majority vote does not include one-third of the votes of delegates or members from the territory of each entity, the chair and deputy chairs shall meet as a commission and attempt to obtain approval within three days of the vote. if those efforts fail, decisions shall be taken by a majority of those present and voting, provided that the dissenting votes do not include two-thirds or more of the delegates or members elected from either entity. a proposed decision of the parliamentary assembly may be declared to be destructive of a vital interest of the bosniac, croat, or serb people by a majority of, as appropriate, the bosniac, croat, or serb delegates selected in accordance with paragraph l(a) above. such a proposed decision shall require for approval in the house of peoples a majority of the bosniac, of the croat, and of the serb delegates present and voting. when a majority of the bosniac, of the croat, or of the serb delegates objects to the invocation of paragraph (e), the chair of the house of peoples shall immediately convene a joint commission comprising three delegates, one each selected by the bosniac, by the croat, and by the serb delegates, to resolve the issue. if the commission fails to do so within five days, the matter will be referred to the constitutional court, which shall in an expedited process review it for procedural regularity. the house of peoples may be dissolved by the presidency or by the house itself, provided that the house's decision to dissolve is approved by a majority that includes the majority of delegates from at least two of the bosniac, croat, or serb peoples. the house of peoples elected in the first elections after the entry into force of this constitution may not, however, be dissolved. decisions of the parliamentary assembly shall not take effect before publication. both chambers shall publish a complete record of their deliberations and shall, save in exceptional circumstances in accordance with their rules, deliberate publicly. delegates and members shall not be held criminally or civilly liable for any acts carried out within the scope of their duties in the parliamentary assembly. 4. powers. the parliamentary assembly shall have responsibility for: enacting legislation as necessary to implement decisions of the presidency or to carry out the responsibilities of the assembly under this constitution. deciding upon the sources and amounts of revenues for the operations of the institutions of bosnia and herzegovina and international obligations of bosnia and herzegovina. approving a budget for the institutions of bosnia and herzegovina. deciding whether to consent to the ratification of treaties. such other matters as are necessary to carry out its duties or as are assigned to it by mutual agreement of the entities. article v. presidency the presidency of bosnia and herzegovina shall consist of three members: one bosniac and one croat, each directly elected from the territory of the federation, and one serb directly elected from the territory of the republika srpska. 1. election and term. members of the presidency shall be directly elected in each entity (with each voter voting to fill one seat on the presidency) in accordance with an election law adopted by the parliamentary assembly. the first election, however, shall take place in accordance with annex 3 to the general framework agreement. any vacancy in the presidency shall be filled from the relevant entity in accordance with a law to be adopted by the parliamentary assembly. the term of the members of the presidency elected in the first election shall be two years; the term of members subsequently elected shall be four years. members shall be eligible to succeed themselves once and shall thereafter be ineligible for four years. 2. procedures. the presidency shall determine its own rules of procedure, which shall provide for adequate notice of all meetings of the presidency. the members of the presidency shall appoint from their members a chair. for the first term of the presidency, the chair shall be the member who received the highest number of votes. thereafter, the method of selecting the chair, by rotation or otherwise, shall be determined by the parliamentary assembly, subject to article iv(3). the presidency shall endeavor to adopt all presidency decisions (i.e., those concerning matters arising under article iii(l)(a) (e)) by consensus. such decisions may, subject to paragraph (d) below, nevertheless be adopted by two members when all efforts to reach consensus have failed. a dissenting member of the presidency may declare a presidency decision to be destructive of a vital interest of the entity from the territory from which he was elected, provided that he does so within three days of its adoption. such a decision shall be referred immediately to the national assembly of the republika srpska, if the declaration was made by the member from that territory; to the bosniac delegates of the house of peoples of the federation, if the declaration was made by the bosniac member; or to the croat delegates of that body, if the declaration was made by the croat member. if the declaration is confirmed by a two-thirds vote of those persons within ten days of the referral, the challenged presidency decision shall not take effect. 3. powers. the presidency shall have responsibility for: conducting the foreign policy of bosnia and herzegovina. appointing ambassadors and other international representatives of bosnia and herzegovina, no more than two-thirds of whom may be selected from the territory of the federation. representing bosnia and herzegovina in international and european organizations and institutions and seeking membership in such organizations and institutions of which bosnia and herzegovina is not a member. negotiating, denouncing, and, with the consent of the parliamentary assembly, ratifying treaties of bosnia and herzegovina. executing decisions of the parliamentary assembly. proposing, upon the recommendation of the council of ministers, an annual budget to the parliamentary assembly. reporting as requested, but not less than annually, to the parliamentary assembly on expenditures by the presidency. coordinating as necessary with international and nongovernmental organizations in bosnia and herzegovina. performing such other functions as may be necessary to carry out its duties, as may be assigned to it by the parliamentary assembly, or as may be agreed by the entities. 4. council of ministers. the presidency shall nominate the chair of the council of ministers, who shall take office upon the approval of the house of representatives. the chair shall nominate a foreign minister, a minister for foreign trade, and other ministers as may be appropriate, who shall take office upon the approval of the house of representatives. together the chair and the ministers shall constitute the council of ministers, with responsibility for carrying out the policies and decisions of bosnia and herzegovina in the fields referred to in article iii(1), (4), and (5) and reporting to the parliamentary assembly (including, at least annually, on expenditures by bosnia and herzegovina). no more than two-thirds of all ministers may be appointed from the territory of the federation. the chair shall also nominate deputy ministers (who shall not be of the same constituent people as their ministers), who shall take office upon the approval of the house of representatives. the council of ministers shall resign if at any time there is a vote of no-confidence by the parliamentary assembly. 5. standing committee. each member of the presidency shall, by virtue of the office, have civilian command authority over armed forces. neither entity shall threaten or use force against the other entity, and under no circumstances shall any armed forces of either entity enter into or stay within the territory of the other entity without the consent of the government of the latter and of the presidency of bosnia and herzegovina. all armed forces in bosnia and herzegovina shall operate consistently with the sovereignty and territorial integrity of bosnia and herzegovina. the members of the presidency shall select a standing committee on military matters to coordinate the activities of armed forces in bosnia and herzegovina. the members of the presidency shall be members of the standing committee. article vi. constitutional court 1. composition. the constitutional court of bosnia and herzegovina shall have nine members. four members shall be selected by the house of representatives of the federation, and two members by the assembly of the republika srpska. the remaining three members shall be selected by the president of the european court of human rights after consultation with the presidency. judges shall be distinguished jurists of high moral standing. any eligible voter so qualified may serve as a judge of the constitutional court. the judges selected by the president of the european court of human rights shall not be citizens of bosnia and herzegovina or of any neighboring state. the term of judges initially appointed shall be five years, unless they resign or are removed for cause by consensus of the other judges. judges initially appointed shall not be eligible for reappointment. judges subsequently appointed shall serve until age 70, unless they resign or are removed for cause by consensus of the other judges. for appointments made more than five years after the initial appointment of judges, the parliamentary assembly may provide by law for a different method of selection of the three judges selected by the president of the european court of human rights. 2. procedures. a majority of all members of the court shall constitute a quorum. the court shall adopt its own rules of court by a majority of all members. it shall hold public proceedings and shall issue reasons for its decisions, which shall be published. 3. jurisdiction. the constitutional court shall uphold this constitution. the constitutional court shall have exclusive jurisdiction to decide any dispute that arises under this constitution between the entities or between bosnia and herzegovina and an entity or entities, or between institutions of bosnia and herzegovina, including but not limited to: whether an entity's decision to establish a special parallel relationship with a neighboring state is consistent with this constitution, including provisions concerning the sovereignty and territorial integrity of bosnia and herzegovina. whether any provision of an entity's constitution or law is consistent with this constitution. disputes may be referred only by a member of the presidency, by the chair of the council of ministers, by the chair or a deputy chair of either chamber of the parliamentary assembly, by one-fourth of the members of either chamber of the parliamentary assembly, or by one-fourth of either chamber of a legislature of an entity. the constitutional court shall also have appellate jurisdiction over issues under this constitution arising out of a judgment of any other court in bosnia and herzegovina. the constitutional court shall have jurisdiction over issues referred by any court in bosnia and herzegovina concerning whether a law, on whose validity its decision depends, is compatible with this constitution, with the european convention for human rights and fundamental freedoms and its protocols, or with the laws of bosnia and herzegovina; or concerning the existence of or the scope of a general rule of public international law pertinent to the court's decision. 4. brcko district of bosnia and herzegovina. the brcko district of bosnia and herzegovina, existing under the sovereignty of bosnia and herzegovina and falling under the responsibility of the institutions of bosnia and herzegovina as arising from the constitution, which territory is jointly owned by the entities, shall be a local self-government unit with own institutions, laws and regulations, and powers and statute laid down finally in the decisions of the arbitration tribunal for the dispute over the inter-entity boundary line in brcko area. relations between the brcko district of bosnia and herzegovina and the institutions of bosnia and herzegovina and the entities may be additionally specified by law enacted by the parliamentary assembly of bosnia and herzegovina. the constitutional court of bosnia and herzegovina shall have jurisdiction to decide any dispute in relation to the protection of the established status and powers of the brcko district of bosnia and herzegovina that arises under this constitution and decisions of the arbitration tribunal between an entity or entities and the brcko district of bosnia and herzegovina or between bosnia and herzegovina and the brcko district of bosnia and herzegovina. any such dispute may be referred by a majority of representatives of the assembly of the brcko district of bosnia and herzegovina including at least one fifth of the members elected from amongst each constituent people. 5. decisions. decisions of the constitutional court shall be final and binding. article vii. central bank there shall be a central bank of bosnia and herzegovina, which shall be the sole authority for issuing currency and for monetary policy throughout bosnia and herzegovina. the central bank's responsibilities will be determined by the parliamentary assembly. for the first six years after the entry into force of this constitution, however, it may not extend credit by creating money, operating in this respect as a currency board; thereafter, the parliamentary assembly may give it that authority. the first governing board of the central bank shall consist of a governor appointed by the international monetary fund, after consultation with the presidency, and three members appointed by the presidency, two from the federation (one bosniac, one croat, who shall share one vote) and one from the republika srpska, all of whom shall serve a six-year term. the governor, who shall not be a citizen of bosnia and herzegovina or any neighboring state, may cast tie-breaking votes on the governing board. thereafter, the governing board of the central bank of bosnia and herzegovina shall consist of five persons appointed by the presidency for a term of six years. the board shall appoint, from among its members, a governor for a term of six years. article viii. finances the parliamentary assembly shall each year, on the proposal of the presidency, adopt a budget covering the expenditures required to carry out the responsibilities of institutions of bosnia and herzegovina and the international obligations of bosnia and herzegovina. if no such budget is adopted in due time, the budget for the previous year shall be used on a provisional basis. the federation shall provide two-thirds, and the republika srpska one-third, of the revenues required by the budget, except insofar as revenues are raised as specified by the parliamentary assembly. article ix. general provisions no person who is serving a sentence imposed by the international tribunal for the former yugoslavia, and no person who is under indictment by the tribunal and who has failed to comply with an order to appear before the tribunal, may stand as a candidate or hold any appointive, elective, or other public office in the territory of bosnia and herzegovina. compensation for persons holding office in the institutions of bosnia and herzegovina may not be diminished during an officeholder's tenure. officials appointed to positions in the institutions of bosnia and herzegovina shall be generally representative of the peoples of bosnia and herzegovina. article x. amendment 1. amendment procedure. this constitution may be amended by a decision of the parliamentary assembly, including a two-thirds majority of those present and voting in the house of representatives. 2. human rights and fundamental freedoms. no amendment to this constitution may eliminate or diminish any of the rights and freedoms referred to in article ii of this constitution or alter the present paragraph. article xi. transitional arrangements transitional arrangements concerning public offices, law, and other matters are set forth in annex ii to this constitution. article xii. entry into force this constitution shall enter into force upon signature of the general framework agreement as a constitutional act amending and superseding the constitution of the republic of bosnia and herzegovina. within three months from the entry into force of this constitution, the entities shall amend their respective constitutions to ensure their conformity with this constitution in accordance with article iii(3)(b). annex i. additional human rights agreements to be applied in bosnia and herzegovina 1948 convention on the prevention and punishment of the crime of genocide 1949 geneva conventions i-iv on the protection of the victims of war, and the 1977 geneva protocols i-ii thereto 1951 convention relating to the status of refugees and the 1966 protocol thereto 1957 convention on the nationality of married women 1961 convention on the reduction of statelessness 1965 international convention on the elimination of all forms of racial discrimination 1966 international covenant on civil and political rights and the 1966 and 1989 optional protocols thereto 1966 covenant on economic, social and cultural rights 1979 convention on the elimination of all forms of discrimination against women 1984 convention against torture and other cruel, inhuman or degrading treatment or punishment 1987 european convention on the prevention of torture and inhuman or degrading treatment or punishment 1989 convention on the rights of the child 1990 international convention on the protection of the rights of all migrant workers and members of their families 1992 european charter for regional or minority languages 1994 framework convention for the protection of national minorities annex ii. transitional arrangements 1. joint interim commission. the parties hereby establish a joint interim commission with a mandate to discuss practical questions related to the implementation of the constitution of bosnia and herzegovina and of the general framework agreement and its annexes, and to make recommendations and proposals. the joint interim commission shall be composed of four persons from the federation, three persons from the republika srpska, and one representative of bosnia and herzegovina. meetings of the commission shall be chaired by the high representative or his or designee. 2. continuation of laws. all laws, regulations, and judicial rules of procedure in effect within the territory of bosnia and herzegovina when the constitution enters into force shall remain in effect to the extent not inconsistent with the constitution, until otherwise determined by a competent governmental body of bosnia and herzegovina . 3. judicial and administrative proceedings. all proceedings in courts or administrative agencies functioning within the territory of bosnia and herzegovina when the constitution enters into force shall continue in or be transferred to other courts or agencies in bosnia and herzegovina in accordance with any legislation governing the competence of such courts or agencies. 4. offices. until superseded by applicable agreement or law, governmental offices, institutions, and other bodies of bosnia and herzegovina will operate in accordance with applicable law. 5. treaties. any treaty ratified by the republic of bosnia and herzegovina between january 1, 1992 and the entry into force of this constitution shall be disclosed to members of the presidency within 15 days of their assuming office; any such treaty not disclosed shall be denounced. within six months after the parliamentary assembly is first convened, at the request of any member of the presidency, the parliamentary assembly shall consider whether to denounce any other such treaty. preamble whereas the people of belizeaffirm that the nation of belize shall be founded upon principles which acknowledge the supremacy of god, faith in human rights and fundamental freedoms, the position of the family in a society of free men and free institutions, the dignity of the human person and the equal and inalienable rights with which all members of the human family are endowed by their creator; respect the principles of social justice and therefore believe that the operation of the economic system must result in the material resources of the community being so distributed as to subserve the common good, that there should be adequate means of livelihood for all, that labour should not be exploited or forced by economic necessity to operate in inhumane conditions but that there should be opportunity for advancement on the basis of recognition of merit, ability and integrity, that equal protection should be given to children regardless of their social status, and that a just system should be ensured to provide for education and health on the basis of equality; believe that the will of the people shall form the basis of government in a democratic society in which the government is freely elected by universal adult suffrage and in which all persons may, to the extent of their capacity, play some part in the institutions of national life and thus develop and maintain due respect for lawfully constituted authority; recognise that men and institutions remain free only when freedom is founded upon respect for moral and spiritual values and upon the rule of law; require policies of state which protect and safeguard the unity, freedom, sovereignty and territorial integrity of belize; which eliminate economic and social privilege and disparity among the citizens of belize whether by race, ethnicity, colour, creed, disability or sex; which ensures gender equality; which protect the rights of the individual to life, liberty, basic education, basic health, the right to vote in elections, the right to work and the pursuit of happiness; which protect the identity, dignity and social and cultural values of belizeans, including belize's indigenous peoples; which preserve the right of the individual to the ownership of private property and the right to operate private businesses; which prohibit the exploitation of man by man or by the state; which ensure a just system of social security and welfare; which protect the environment; which promote international peace, security and co-operation among nations, the establishment of a just and equitable international economic and social order in the world with respect for international law and treaty obligations in the dealings among nations; desire that their society shall reflect and enjoy the above mentioned principles, beliefs and needs and that their constitution should therefore enshrine and make provisions for ensuring the achievement of the same in belize; now, therefore, the following provisions shall have effect as the constitution of belize: part i. the state and the constitution 1. the state belize shall be a sovereign democratic state of central america in the caribbean region. belize comprises the land and sea areas defined in schedule 1 to this constitution, which immediately before independence day constituted the colony of belize. 2. constitution is supreme law this constitution is the supreme law of belize and if any other law is inconsistent with this constitution that other law shall, to the extent of the inconsistency, be void. the words “other law” occurring in subsection (1) above do not include a law to alter any of the provisions of this constitution which is passed by the national assembly in conformity with section 69 of the constitution. part ii. protection of fundamental rights and freedoms 3. fundamental rights and freedoms whereas every person in belize is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namelylife, liberty, security of the person, and the protection of the law; freedom of conscience, of expression and of assembly and association; protection for his family life, his personal privacy, the privacy of his home and other property and recognition of his human dignity; and protection from arbitrary deprivation of property, the provisions of this part shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the rights and freedoms of others or the public interest. 4. protection of right to life a person shall not be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence under any law of which he has been convicted. a person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiablefor the defence of any person from violence or for the defence of property; in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; for the purpose of suppressing a riot, insurrection or mutiny; or in order to prevent the commission by that person of a criminal offence, or if he dies as the result of a lawful act of war. 5. protection of right to personal liberty a person shall not be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say:in consequence of his unfitness to plead to a criminal charge or in execution of the sentence or order of a court, whether established for belize or some other country, in respect of a criminal offence of which he has been convicted; in execution of the order of the supreme court or the court of appeal punishing him for contempt of the supreme court or the court of appeal or of another court or tribunal; in execution of the order of a court made to secure the fulfilment of any obligation imposed on him by law; for the purpose of bringing him before a court in execution of the order of a court; upon a reasonable suspicion of his having committed, or being about to commit, a criminal offence under any law; under the order of a court or with the consent of his parent or guardian, for his education or welfare during any period ending not later than the date when he attains the age of eighteen years; for the purpose of preventing the spread of an infectious or contagious disease; in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community; for the purpose of preventing his unlawful entry into belize, or for the purpose of effecting his expulsion, extradition or other lawful removal from belize or for the purpose of restraining him while he is being conveyed through belize in the course of his extradition or removal as a convicted prisoner from one country to another; or to such extent as may be necessary in the execution of a lawful order requiring him to remain within a specified area within belize, or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against him with a view to the making of any such order or relating to such an order after it has been made, or to such extent as may be reasonably justifiable for restraining him during any visit that he is permitted to make to any part of belize in which, in consequence of any such order, his presence would otherwise be unlawful. any person who is arrested or detained shall be entitledto be informed promptly, and in any case no later than twenty-four hours after such arrest or detention, in a language he understands, of the reasons for his arrest or detention; to communicate without delay and in private with a legal practitioner of his choice and, in the case of a minor, with his parents or guardian, and to have adequate opportunity to give instructions to a legal practitioner of his choice; to be informed immediately upon his arrest of his rights under paragraph (b) of this subsection; and to the remedy by way of habeas corpus for determining the validity of his detention. any person who is arrested or detainedfor the purpose of bringing him before a court in execution of the order of a court; or upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under any law, and who is not released, shall be brought before a court without undue delay and in any case not later than forty-eight hours after such arrest or detention. where any person is brought before a court in execution of the order of a court in any proceedings or upon suspicion of his having committed or being about to commit an offence, he shall not be thereafter further held in custody in connection with those proceedings or that offence save upon the order of a court. if any person arrested or detained as mentioned in subsection (3) (b) of this section is not tried within a reasonable time, then without prejudice to any further proceedings that may be brought against him, he shall, unless he is released, be entitled to bail on reasonable conditions. any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person or from any other person or authority on whose behalf that other person was acting: provided that no person shall be liable for any act done in the performance of a judicial function for which he would not be liable apart from this subsection. for the purposes of subsection (1) (a) of this section, a person charged before a court with a criminal offence in respect of whom a special verdict has been returned that he was guilty of the act or omission charged but was insane when he did the act or made the omission shall be regarded as a person who has been convicted of a criminal offence and the detention of a person in consequence of such a verdict shall be regarded as detention in execution of the order of a court. 6. protection of law all persons are equal before the law and are entitled without any discrimination to the equal protection of the law. if any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law. every person who is charged with a criminal offenceshall be presumed to be innocent until he is proved or has pleaded guilty; shall be informed as soon as reasonably practicable, in a language that he understands, of the nature and particulars of the offence charged; shall be given adequate time and facilities for the preparation of his defence; shall be permitted to defend himself before the court in person or, at his own expense, by a legal practitioner of his own choice; shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial, and except with his own consent the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence: provided that the trial may take place in his absence in any case in which it is so provided by a law under which he is entitled to adequate notice of the charge and the date, time and place of the trial and to a reasonable opportunity of appearing before the court. a person shall not be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed. a person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall not again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal. a person who is tried for a criminal offence shall not be compelled to give evidence at the trial. any court or other authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other authority, the case shall be given a fair hearing within a reasonable time. except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other authority, including the announcement of the decision of the court or other authority, shall be held in public. nothing in subsection (8) of this section shall prevent the court or other adjudicating authority from excluding from the proceedings persons other than the parties thereto and the legal practitioners representing them to such extent as the court or other authoritymay by law be empowered to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory proceedings or in the interests of public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings; or may by law be empowered or required to do in the interests of defence, public safety or public order. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention ofsubsection (3) (a) of this section to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts; subsection (3) (e) of this section to the extent that the law in question imposes reasonable conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or subsection (5) of this section to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law. in the case of any person who is held in lawful detention the provisions of subsection (2) and paragraphs (d) and (e) of subsection (3) of this section shall not apply in relation to his trial for a criminal offence under the law regulating the discipline of persons held in such detention. in this section, "criminal offence" means a criminal offence under a law. 7. protection from inhuman treatment no person shall be subjected to torture or to inhuman or degrading punishment or other treatment. 8. protection from slavery and forced labour no person shall be held in slavery or servitude. no person shall be required to perform forced labour. for the purposes of this section, the expression "forced labour" does not includeany labour required in consequence of the sentence or order of a court; labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained; any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service; or any labour required during any period of public emergency or in the event of any accident or natural calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that accident or natural calamity, for the purpose of dealing with that situation. 9. protection from arbitrary search or entry except with his own consent, a person shall not be subjected to the search of his person or his property or the entry by others on his premises. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes reasonable provisionthat is required in the interests of defence, public safety, public order, public morality, public health, town and country planning, the development and utilisation of mineral resources or the development or utilisation of any property for a purpose beneficial to the community; that is required for the purpose of protecting the rights or freedoms of other persons; that authorises an officer or agent of the government, a local government authority or a body corporate established by law for public purposes to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or due or in order to carry out work connected with any property that is lawfully on those premises and that belongs to the government or to that authority or body corporate, as the case may be; or that authorises, for the purpose of enforcing the judgment or order of the court in any civil proceedings, the search of any person or property by order of a court or entry upon any premises by such order. 10. protection of freedom of movement a person shall not be deprived of his freedom of movement, that is to say, the right to move freely throughout belize, the right to reside in any part of belize, the right to enter belize, the right to leave belize and immunity from expulsion from belize. any restriction on a person's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this section. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes reasonable provisionfor the imposition of restrictions on the movement or residence within belize of any person or on any person's right to leave belize that are required in the interests of defence, public safety or public order; for the imposition of restrictions on the movement or residence within belize or on the right to leave belize of persons generally or any class of persons in the interests of defence, public safety, public order, public morality or public health or, in respect of the right to leave belize, of securing compliance with any international obligation of the government; for the imposition of restrictions, by order of a court, on the movement or residence within belize of any person or on any person's right to leave belize either in consequence of his having been found guilty of a criminal offence under a law or for the purpose of ensuring that he appears before a court at a later date for trial of such a criminal offence or for proceedings preliminary to trial or for proceedings relating to his extradition or lawful removal from belize; for the imposition of restrictions on the freedom of movement of any person who is not a citizen of belize; for the imposition of restrictions on the acquisition or use by any person of land or other property in belize; for the imposition of restrictions on the movement or residence within belize or on the right to leave belize of any officer in the public service that are required for the proper performance of his functions; for the removal of a person from belize to be tried or punished in some other country for a criminal offence under the law of that other country or to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offence under a law of which he has been convicted; or for the imposition of restrictions on the right of any person to leave belize that are required in order to secure the fulfilment of any obligation imposed on that person by law. if any person whose freedom of movement has been restricted by virtue of such a provision as is referred to in subsection (3) (a) of this section so requests at any time during the period of that restriction not earlier than twenty-one days after the order was made or three months after he last made such a request, as the case may be, his case shall be reviewed by an independent and impartial tribunal presided over by a person appointed by the chief justice from among persons who are legal practitioners. on any review by a tribunal in pursuance of subsection (4) of this section of the case of any person whose freedom of movement has been restricted, the tribunal may make recommendations concerning the necessity or expediency of the continuation of that restriction to the authority by whom it was ordered and, unless it is otherwise provided by law, that authority shall be obliged to act in accordance with any such recommendations. 11. protection of freedom of conscience except with his own consent, a person shall not be hindered in the enjoyment of his freedom of conscience, including freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance. except with his own consent (or, if he is a person under the age of eighteen years, the consent of his parent or guardian) a person attending any place of education, detained in any prison or corrective institution or serving in a naval, military or air force shall not be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion which is not his own. every recognised religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education which it maintains; and no such community shall be prevented from providing religious instruction for persons of that community in the course of any education provided by that community whether or not it is in receipt of a government subsidy or other form of financial assistance designed to meet in whole or in part the cost of such course of education. a person shall not be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision which is reasonably requiredin the interests of defence, public safety, public order, public morality or public health; for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion without the unsolicited intervention of members of any other religion; or for the purpose of regulating educational institutions in the interest of the persons who receive or may receive instruction in them. references in this section to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly. 12. protection of freedom of expression except with his own consent, a person shall not be hindered in the enjoyment of his freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes reasonable provisionthat is required in the interests of defence, public safety, public order, public morality or public health; that is required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts or regulating the administration or the technical operation of telephone, telegraphy, posts, wireless broadcasting, television or other means of communication, public exhibitions or public entertainments; or that imposes restrictions on officers in the public service that are required for the proper performance of their functions. 13. protection of freedom of assembly and association except with his own consent, a person shall not be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his interests or to form or belong to political parties or other political associations. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes reasonable provisionthat is required in the interests of defence, public safety, public order, public morality or public health; that is required for the purpose of protecting the rights or freedoms of other persons; that imposes restrictions on officers in the public service that are required for the proper performance of their functions; or that is required to prohibit any association the membership of which is restricted on grounds of race or colour. 14. protection of right to privacy a person shall not be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. the private and family life, the home and the personal correspondence of every person shall be respected. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision of the kind specified in subsection (2) of section 9 of this constitution. 15. protection of right to work no person shall be denied the opportunity to gain his living by work which he freely chooses or accepts, whether by pursuing a profession or occupation or by engaging in a trade or business, or otherwise. it shall not be inconsistent with subsection (1) of this section to require, as a condition for embarking upon or continuing work, the payment of professional fees, trade or business licence fees, or similar charges, or the possession of appropriate licences or qualifications. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes reasonable provisionthat is required in the interests of defence, public safety, public order, public morality or public health; that is required for the purpose of protecting the rights or freedoms of other persons; or for the imposition of restrictions on the right to work of any person who is not a citizen of belize. 16. protection from discrimination on the grounds of race, etc subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision that is discriminatory either of itself or in its effect. subject to the provisions of subsections (6), (7) and (8) of this section, no person shall be treated in a discriminatory manner by any person or authority. in this section, the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by sex, race, place of origin, political opinions, colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description. subsection (1) of this section shall not apply to any law so far as that law makes provisionfor the appropriation of public revenues or other public funds; with respect to persons who are not citizens of belize; for the application, in the case of persons of any such description as is mentioned in subsection (3) of this section (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters which is the personal law of persons of that description; or whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any disability or restriction or may be accorded any privilege or advantage that, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable. nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to sex, race, place of origin, political opinions, colour or creed) to be required of any person who is appointed to or to act in any office or employment. subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (4) or subsection (5) of this section. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 9, 10, 11, 12 and 13 of this constitution, being such a restriction as is authorised by section 9(2), paragraph (a), (b) or (h) of section 10(3), section 11(5), section 12(2) or section 13(2), as the case may be. nothing contained in subsection (2) of this section shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this constitution or any other law. 17. protection from deprivation of property no property of any description shall be compulsorily taken possession of and no interest in or right over property of any description shall be compulsorily acquired except by or under a law thatprescribes the principles on which and the manner in which reasonable compensation therefor is to be determined and given within a reasonable time; and secures to any person claiming an interest in or right over the property a right of access to the courts for the purpose ofestablishing his interest or right (if any); determining whether that taking of possession or acquisition was duly carried out for a public purpose in accordance with the law authorising the taking of possession or acquisition; determining the amount of the compensation to which he may be entitled; and enforcing his right to any such compensation. nothing in this section shall invalidate any law by reason only that it provides for the taking possession of any property or the acquisition of any interest in or right over propertyin satisfaction of any tax, rate or due; by way of penalty for breach of the law or forfeiture in consequence of a breach of the law; by way of taking a sample for the purposes of any law; as an incident of any deposit required to be made with the government of a reasonable number of copies of every book, magazine, newspaper or other printed work published in belize; where the property consists of an animal, upon its being found trespassing or straying; as an incident of a lease, tenancy, mortgage, charge, bill of sale or any other right or obligation arising under a contract; by way of requiring persons carrying on business in belize to deposit money with the government or an agency of the government for the purpose of controlling credit or investment in belize; by way of the vesting and administration of trust property, enemy property, the property of deceased persons, persons of unsound mind or persons adjudged or otherwise declared bankrupt or the property of companies or other societies (whether incorporated or not) in the course of being wound up; in the execution of judgments or orders of courts; in consequence of any law with respect to the limitation of actions; by reason of its being in a dangerous state or injurious to the health of human beings, animals or plants; for the purpose of marketing property of that description in the common interests of the various persons otherwise entitled to dispose of that property; or for so long only as may be necessary for the purpose of an examination, investigation, trial or enquiry or, in the case of land, the carrying out on the landof work of soil conservation or the conservation of other natural resources; or of agricultural development or improvement which the owner or occupier of the land has been required and has without reasonable and lawful excuse refused or failed to carry out. subsection (1) of this section does not apply to petroleum, minerals and accompanying substances, in whatever physical state, located on or under the territory of belize (whether under public, private or community ownership) or the exclusive economic zone of belize, the entire property in and control over which are exclusively vested, and shall be deemed always to have been so vested, in the government of belize: provided that nothing in this subsection shall affect the right of the owner of any private land beneath which any petroleum deposits are located to receive royalty from the government, as provided in the petroleum act and the regulations made thereunder, existing at the commencement of the belize constitution (sixth amendment) act. for the purpose of subsection (3) above, the terms “petroleum” and “minerals” shall have the meanings as are or may be ascribed to them by any law. 18. provisions for periods of public emergency in this part, "period of public emergency" means any period during whichbelize is engaged in any war; or there is in force a proclamation by the governor-general declaring that a state of public emergency exists; or there is in force a resolution of the national assembly declaring that democratic institutions in belize are threatened by subversion. the governor-general may, by proclamation which shall be published in the gazette, declare that a state of public emergency exists for the purposes of this part. a proclamation made by the governor-general under subsection (2) of this section shall not be effective unless it contains a declaration that the governor-general is satisfiedthat a state of war between belize and another state is imminent or that a public emergency has arisen as a result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence, outbreak of infectious disease, or other similar calamity; or that action has been taken or is immediately threatened by any person or body of persons of such a nature and on so extensive a scale as to be likely to endanger the public safety or to deprive the community, or any substantial portion of the community, of supplies or services essential to life. a proclamation made under subsection (2) of this section may be made so as to apply only to such part of belize as may be specified in the proclamation (in this subsection called "the emergency area"), in which case regulations made under subsection (9) of this section shall except as otherwise expressly provided in such regulations have effect only in the emergency area. a proclamation made by the governor-general for the purposes of and in accordance with this sectionshall, unless previously revoked, remain in force for a period not exceeding one month; may be extended from time to time by a resolution passed by the national assembly for further periods, not exceeding in respect of each such extension a period of twelve months; and may be revoked at any time by a resolution of the national assembly. a resolution of the national assembly passed for the purposes of subsection (1) (c) of this section shall remain in force for two months or such shorter period as may be specified therein: provided that any such resolution may be extended from time to time by a further such resolution, each extension not exceeding two months from the date of the resolution effecting the extension; and any such resolution may be revoked at any time by a further resolution. a resolution of the national assembly for the purposes of subsection (1) (c) of this section, and a resolution of the national assembly extending or revoking any such resolution, shall not be passed unless it is supported by the votes of two-thirds of the members of the house of representatives present and voting. any provision of this section that a proclamation or resolution shall lapse or cease to be in force at any particular time is without prejudice to the making of a further such proclamation or resolution whether before or after that time. during any period of public emergency, the following provisions shall have effectthe governor-general may make such regulations as are necessary or expedient for securing public safety, the defence of belize, the maintenance of public order and the suppression of mutiny, rebellion and riot, and for maintaining supplies and services essential to the life of the community; any such regulations may empower such authorities or persons as may be specified in the regulations to make orders and rules for any of the purposes for which such regulations are authorised by this subsection to be made and may contain such incidental and supplementary provisions as are necessary or expedient for the purposes of the regulations; any such regulations or any order or rule made in pursuance of such regulations may amend or suspend the operation of any law and shall have effect notwithstanding anything inconsistent therewith contained in any law; in this subsection, "law" does not include this constitution or any provision thereof or any law that alters this constitution or any provision thereof. nothing contained in or done under the authority of any law (including any regulations made under subsection (9) of this section) shall be held to be inconsistent with or in contravention of section 5, 6, 8, 9, 10, 12, 13, 14, 15, 16, or 17 of this constitution to the extent that the law in question makes in relation to any period of public emergency provision, or authorises the doing during any such period of anything, that is reasonably justifiable in the circumstances of any situation arising or existing during the period for the purpose of dealing with that situation. 19. protection of persons detained under emergency laws when a person is detained by virtue of a law that authorises the taking during a period of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists in belize during that period, the following provisions shall apply, that is to sayhe shall, with reasonable promptitude and in any case not more than seven days after the commencement of his detention, be informed in a language that he understands of the grounds upon which he is detained and furnished with a written statement in english specifying the particulars of those grounds; not more than fourteen days after the commencement of his detention, a notification shall be published in the gazette stating that he has been detained and giving particulars of the provision of law under which his detention is authorised; not more than one month after the commencement of his detention and thereafter during his detention at intervals of not more than three months, his case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the chief justice from among persons who are legal practitioners; he shall be afforded reasonable facilities for private communication and consultation with a legal practitioner of his own choice who shall be permitted to make representations to the tribunal appointed for the review of the case of the detained person; and at the hearing of his case by the tribunal appointed for the review of his case he shall be permitted to appear in person or to be represented by a legal practitioner of his own choice. on any review by a tribunal in pursuance of this section of the case of a detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by which it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations. nothing contained in subsection (1) (d) or subsection (1) (e) of this section shall be construed as entitling a person to legal representation at public expense. 20. enforcement of protective provisions if any person alleges that any of the provisions of sections 3 to 19 inclusive of this constitution has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the supreme court for redress. the supreme court shall have original jurisdictionto hear and determine any application made by any person in pursuance of subsection (1) of this section; and to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3) of this section, and may make such declarations and orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of sections 3 to 19 inclusive of this constitution. if in any proceedings in any court (other than the court of appeal or the supreme court or a court-martial) any question arises as to the contravention of any of the provisions of sections 3 to 19 inclusive of this constitution, the person presiding in that court may, and shall, if any party to the proceedings so requests, refer the question to the supreme court unless, in his opinion, the raising of this question is merely frivolous or vexatious. any person aggrieved by any determination of the supreme court under this section may appeal therefrom to the court of appeal. where any question is referred to the supreme court in pursuance of subsection (3) of this section, the supreme court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal to the court of appeal or to the caribbean court of justice, in accordance with the decision of the court of appeal or, as the case may be, of the caribbean court of justice. notwithstanding the validity of any law under section 9(2), 10(3), 11(5), 12(2), 13(2) or 16(4)(d) of this constitution, any act or thing done under the authority of such law shall be unlawful if such act or thing is shown not to be reasonably required in the actual circumstances in which it is done. the supreme court shall have such powers in addition to those conferred by this section as may be conferred on it by the national assembly for the purpose of enabling it more effectively to exercise the jurisdiction conferred on it by this section. the chief justice may make rules with respect to the practice and procedure of the supreme court in relation to the jurisdiction and powers conferred on it by or under this section (including rules with respect to the time within which applications may be brought and references shall be made to the supreme court). 21. protection of existing laws nothing contained in any law in force immediately before independence day nor anything done under the authority of any such law shall, for a period of five years after independence day, be held to be inconsistent with or done in contravention of any of the provisions of this part. 22. interpretation and savings in this part, unless the context otherwise requires"contravention", in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly; "court" means any court of law having jurisdiction in belize other than a court established by a disciplinary law, and includes her majesty in council and in sections 4 and 8 of this constitution a court established by a disciplinary law; "disciplinary law" means a law regulating the discipline of any disciplined force; "disciplined force" meansa naval, military or air force; the belize police department; a prison service; or any such other force or service as may be prescribed by the national assembly; "legal practitioner" means a person admitted and enrolled as an attorney-at-law under the laws of belize; "member", in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline. in relation to any person who is a member of a disciplined force of belize, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this part other than sections 4, 7 and 8 of this constitution. in relation to any person who is a member of a disciplined force of a country other than belize that is lawfully present in belize, nothing contained or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this part. part iii. citizenship 23. persons who become citizens on independence day every person born in belize, immediately before independence day, shall become a citizen of belize on independence day. every person who, immediately before independence day, is a citizen of the united kingdom and colonieshaving become such a citizen under the british nationality act 1948 by virtue of his having been naturalised in belize as a british subject before that act came into force; or having while resident in belize become such a citizen by virtue of his having been naturalised or registered under that act, shall become a citizen of belize on independence day. every person born outside belize, before independence day, shall become a citizen of belize on independence day if his father or mother becomes, or would but for his death or the renunciation of his citizenship have become, a citizen of belize by virtue of subsection (1) or (2) of this section. every person born outside belize before independence day shall become a citizen of belize on independence day if one of his grandparents becomes, or would but for his death or renunciation of his citizenship have become, a citizen of belize by virtue of subsection (1) or (2) of this section. every woman shall become a citizen of belize on independence day if immediately before independence day, she is married to a person who becomes or, but for his death or the renunciation of his citizenship, would have become a citizen of belize by virtue of subsection (1), (2), (3) or (4) of this section. in this section, "the british nationality act 1948" includes any act of the parliament of the united kingdom amending that act. 24. persons born in belize on or after independence day every person born in belize on or after independence day shall become a citizen of belize at the date of his birth: provided that a person shall not become a citizen of belize by virtue of this section if at the time of his birthneither of his parents is a citizen of belize and his father or mother possesses such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to belize; or his father or mother is a citizen of a country with which belize is at war and the birth occurs in a place then under occupation by that country. 25. persons born outside belize on or after independence day a person born outside belize on or after independence day shall become a citizen of belize at the date of his birth if, at that date, his father or mother is a citizen of belize. 26. registration the following persons may, upon making application at any time after independence day, be registered as citizens of belizeany person who is married to a citizen of belize; any person who has been resident continuously in belize for a period of five years immediately before the date of his application. the national assembly shall prescribe by law the procedure for making and determining applications, and the conditions to be fulfilled by persons making applications, for registration under this section. a person registered as a citizen of belize under this section shall become a citizen of belize on the date on which he is so registered. 27. dual nationality a citizen of belize by birth or descent who acquires the citizenship of any other country may, if the laws of the other country so permit and at his option, retain his citizenship of belize. 28. citizenship legislation the national assembly may make provision, not inconsistent with this part, in respect of citizenship, including provision forthe acquisition of citizenship of belize by persons who are not eligible or who are no longer eligible to become citizens of belize under this part; revoking the citizenship of any person referred to in section 26 (1) of this constitution; the renunciation by any person of his citizenship of belize. paragraph (a) of subsection (1) of this section shall not be construed as allowing the national assembly to make legislation for the acquisition of citizenship of belize by any person who makes a substantial contribution to the economy and/or well-being of belize or who has rendered distinguished service to belize. 29. interpretation for the purposes of this part, subject to sections 24 and 25, a person born aboard a ship or aircraft registered in belize, or aboard an unregistered ship or aircraft of the government of belize, shall not be deemed to have been born in belize. any reference in this part to the national status of the father of a person at the time of that person's birth shall, in relation to a person born after the death of his father, be construed as a reference to the national status of the father at the time of the father's death; and where that death occurred before independence day and the birth occurred on or after independence day the national status that the father would have had if he had died on independence day shall be deemed to be his national status at the time of his death. no person shall be entitled under the provisions of this part to be a citizen of belize or be granted citizenship of belize if such person shows any allegiance to or is a citizen of a country which does not recognise the independence, sovereignty or territorial integrity of belize: provided that the minister may in his discretion grant belizean citizenship to persons falling under this subsection who would otherwise be entitled to such citizenship under the provisions of sections 23 and 25 of this constitution. where a person born outside belize is entitled to be a citizen of belize under the provisions of this part, the right to belizean citizenship shall not be deemed to accrue upon the conditions giving rise to such entitlement arising but the citizenship shall be sought for by the person entitled to or on his behalf and obtained by the grant by the minister of proper certification affirming his citizenship. where a person claiming citizenship by birth, descent or registration makes an application or request for the grant of citizenship the stay of such person in belize shall not be considered illegal under the provisions of any law for so long and only for so long as such stay is necessary for the disposal of his application. his right of abode, or that of his wife or dependents if any under the age of eighteen years, shall not be affected pending the disposal of his application. part iv. the governor-general 30. establishment of office there shall be a governor-general of belize who shall be a citizen of belize appointed by her majesty and shall hold office during her majesty's pleasure and who shall be her majesty's representative in belize. 31. acting governor-general during any period when the office of governor-general is vacant or the holder of the office of governor-general is absent from belize or is for any other reason unable to perform the functions of his office those functions shall be performed by such person as her majesty may appoint. any such person as aforesaid shall not continue to perform the functions of the office of governor-general if the holder of the office of governor-general or some other person having a prior right to perform the functions of that office has notified him that he is about to assume or resume those functions. the holder of the office of governor-general shall not, for the purposes of this section, be regarded as absent from belize or as unable to perform the functions of his officeby reason that he is in passage from one part of belize to another; or at any time when there is a subsisting appointment of a deputy under section 33 of this constitution. 32. oath to be taken by governor-general a person appointed to hold the office of governor-general shall, before entering upon the duties of that office, take and subscribe the oath of allegiance and office. 33. deputy to governor-general whenever the governor-generalhas occasion to be absent from the seat of government but not from belize; has occasion to be absent from belize for a period which he considers, acting in his own deliberate judgment, will be of short duration; or is suffering from an illness which he considers, acting in his own deliberate judgment, will be of short duration, he may, acting in accordance with the advice of the prime minister, appoint any person in belize to be his deputy during such absence or illness and in that capacity to perform on his behalf such of the functions of the office of governor-general as may be specified in the instrument by which he is appointed. the power and authority of the governor-general shall not be abridged, altered or in any way affected by the appointment of a deputy under this section, and, subject to the provisions of this constitution, a deputy shall conform to and observe all instructions that the governor-general, acting in his own deliberate judgment, may from time to time address to him: provided that the question whether or not a deputy has conformed to and observed any such instructions shall not be enquired into by any court of law. a person appointed as deputy under this section shall hold that appointment for such period as may be specified in the instrument by which he is appointed, and his appointment may be revoked at any time by the governor-general, acting in accordance with the advice of the prime minister. 34. exercise of governor-general's functions in the exercise of his functions the governor-general shall act in accordance with the advice of the cabinet or a minister acting under the general authority of the cabinet except in cases where he is required by this constitution or any other law to act in accordance with the advice of, or after consultation with, any person or authority other than the cabinet or in his own deliberate judgment. any reference in this constitution to the functions of the governor-general shall be construed as a reference to his powers and duties in the exercise of the executive authority of belize and to any other powers and duties conferred or imposed on him as governor-general by or under this constitution or any other law. where by this constitution the governor-general is required to perform any function after consultation with any person or authority he shall not be obliged to exercise that function in accordance with the advice of that person or authority. where by this constitution the governor-general is required to perform any function in accordance with the advice of, or after consultation with, any person or authority, the question whether the governor-general has so exercised that function shall not be enquired into by any court of law. 35. governor-general to be informed concerning matters of government the prime minister shall keep the governor-general fully informed concerning the general conduct of the government of belize and shall furnish the governor-general with such information as he may request with respect to any particular matter relating to the government of belize. part v. the executive 36. executive authority the executive authority of belize is vested in her majesty. subject to the provisions of this constitution, the executive authority of belize may be exercised on behalf of her majesty by the governor-general either directly or through officers subordinate to him. nothing in this section shall prevent the national assembly from conferring functions on persons or authorities other than the governor-general. 37. prime minister there shall be a prime minister of belize who shall be appointed by the governor-general. whenever the governor-general has occasion to appoint a prime minister he shall appoint a member of the house of representatives who is the leader of the political party which commands the support of the majority of the members of that house; and if no political party has an overall majority, he shall appoint a member of that house who appears to him likely to command the support of the majority of the members of that house. provided that no person shall be appointed as a prime minister who has previously held the office of the prime minister for three parliamentary terms, either consecutively or in the aggregate; and for this purpose, the expression “parliamentary term” shall mean the period commencing on the date of the first sitting of the national assembly after a general election and expiring at the date of the next ensuing dissolution of the national assembly. if occasion arises for making an appointment to the office of prime minister while the national assembly is dissolved, then, notwithstanding the provisions of subsection (2) of this section, a person who was a member of the house of representatives immediately before the dissolution may be appointed as prime minister. the governor-general shall remove the prime minister from office if a resolution of no confidence in the government is passed by the house of representatives and the prime minister does not within seven days either resign from his office or advise the governor-general to dissolve the national assembly. the office of prime minister shall also become vacantif the holder of the office ceases to be a member of the house of representatives otherwise than by reason of the dissolution of the national assembly; if, by virtue of section 59(3) of this constitution, he is required to cease to perform his functions as a member of the house; or if he is informed by the governor-general that the governor-general is, in accordance with subsection (2) or (3) of this section, about to reappoint him as prime minister or to appoint another person as prime minister. in exercise of the powers conferred on him by this section, the governor-general shall act in his own deliberate judgment. 38. deputy prime minister the governor-general shall, acting in accordance with the advice of the prime minister, designate a minister as deputy prime minister to whom the prime minister may from time to time depute such of his functions as he may specify. 39. performance of functions of prime minister during absence or illness whenever the prime minister is absent from belize or is by reason of illness unable to perform the functions conferred on him in accordance with this constitution, those functions (other than the functions conferred by this section) shall be performedby the deputy prime minister; or in the absence of the deputy prime minister or if he too is likewise unable to perform those functions, by such other minister as the governor-general may authorise for that purpose. the deputy prime minister shall cease to perform the functions of the prime minister when he is informed by the governor-general that the prime minister is about to resume those functions. a minister authorised to perform the functions of the prime minister under subsection (1) (b) of this section shall cease to perform those functions when he is informed by the governor-general that the deputy prime minister is about to assume, or that the prime minister is about to resume, those functions. the powers of the governor-general under this section shall be exercised by him in accordance with the advice of the prime minister: provided that if the governor-general, acting in his own deliberate judgment, considers that it is impracticable to obtain the advice of the prime minister owing to the absence or illness of the prime minister he may exercise those powersin accordance with the advice of the deputy prime minister; or if he likewise considers it impracticable to obtain the advice of the deputy prime minister, in his own deliberate judgment. 40. ministers of government there shall be, in addition to the office of prime minister, such other offices of minister of the government as may be established by the national assembly or, subject to the provisions of any law enacted by the national assembly, by the governor-general, acting in accordance with the advice of the prime minister. appointments to the office of minister shall be made by the governor-general, acting in accordance with the advice of the prime minister, from among members of the house of representatives and of the senate: provided that persons holding the office of speaker of the house of representatives or president of the senate may not be appointed to the office of minister: provided further that the cabinet shall be comprised ofnot more than two-thirds of the elected members of the party that obtains the majority seats in the house of representatives following the holding of a general election; and not more than four senators. provided further that, subject to section 42(3) of this constitution, a national of belize may be appointed as attorney general whether or not that person is a member of either house of the national assembly. if occasion arises for making an appointment to the office of minister while the national assembly is dissolved, then, notwithstanding the provisions of subsection (2) of this section, a person who was a member of the house of representatives or of the senate immediately before the dissolution may be appointed as minister. the office of any minister shall become vacantif the holder of the office ceases to be a member of the house of representatives or of the senate otherwise than by reason of the dissolution of the national assembly; if, by virtue of section 59 (3) or 64 (3) of this constitution, he is required to cease to perform his functions as a member of the house of representatives or of the senate; if the governor-general, acting in accordance with the advice of the prime minister, so directs; if the prime minister resigns from office within seven days after a resolution of no confidence in the government has been passed by the house of representatives or is removed from office under section 37 (4) of this constitution; or on the appointment of any person to the office of prime minister. paragraphs (a) and (b) of subsection (4) of this section shall not apply to the office of the attorney general where the attorney general is appointed from outside the membership of either house of the national assembly. in this section, "minister" means a minister of the government other than the prime minister. 41. allocation of portfolios to ministers the governor-general, acting in accordance with the advice of the prime minister, may, by directions in writing, assign to the prime minister or any other minister responsibility for any business of the government, including the administration of any department of government: provided that responsibility for finance shall be assigned to a minister who is a member of the house of representatives. where a minister has been charged with responsibility for any department of government, he shall exercise general direction and control over that department of government. 42. attorney-general the attorney-general shall be the principal legal adviser to the government. the office of attorney-general shall be the office of a minister, with responsibility for the administration of legal affairs in belize. no person shall be qualified to hold the office of attorney-general unless he is a person who has for at least five years been entitled to practise as an advocate in a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or in the republic of ireland or a court having jurisdiction in appeals from any such court. if a person holding the office of attorney-general is for any reason unable to perform the functions conferred on him by or under any law, those functions may be performed by such other person, being a person qualified as aforesaid (whether or not that person is a member of either house of the national assembly), as the governor-general, acting in accordance with the advice of the prime minister, may direct. legal proceedings for or against the state shall be taken, in the case of civil proceedings, in the name of the attorney-general and, in the case of criminal proceedings, in the name of the crown. 43. performance of functions of ministers during absence or illness whenever a minister other than the prime minister is absent from belize or is within belize but by leave of the governor-general is not performing the functions of his office or by reason of illness is unable to perform those functions, the governor-general may authorize some other minister to perform those functions or may appoint a member of the house of representatives or of the senate to be a temporary minister in order to perform those functions; and that minister may perform those functions until his authority or, as the case may be, his appointment is revoked by the governor-general or he vacates office as a minister under section 40(4) of this constitution. the powers of the governor-general under this section shall be exercised by him in accordance with the advice of the prime minister: provided that if the governor-general, acting in his own deliberate judgment, considers that it is impracticable to obtain the advice of the prime minister owing to his absence or illness he may exercise those powers in accordance with the advice of the deputy prime minister. 44. cabinet there shall be a cabinet of ministers for belize which shall consist of the prime minister and the other ministers: provided that a minister of state appointed under section 45 shall not be a member of cabinet but may attend cabinet meetings upon the invitation of the prime minister. the cabinet shall be the principal executive instrument of policy with general direction and control of the government and shall be collectively responsible to the national assembly for any advice given to the governor-general by or under the general authority of the cabinet and for all things done by or under the authority of any minister in the execution of his office. the provisions of subsection (2) of this section shall not apply in relation tothe appointment and removal from office of ministers and ministers of state, the assignment of responsibility to any minister under section 41 of this constitution, or the authorisation of another minister to perform the functions of the prime minister during absence or illness; or the dissolution of the national assembly. whenever practicable the prime minister shall attend and preside at all cabinet meetings; at a meeting of the cabinet from which the prime minister is absent, any other minister appointed by him for the purpose shall preside. 45. ministers of state the governor-general, acting in accordance with the advice of the prime minister, may appoint ministers of state from among the members of the house of representatives or of the senate to assist ministers in the performance of their duties. the office of a minister of state shall become vacantif the holder of the office ceases to be a member of the house of representatives or of the senate otherwise than by reason of the dissolution of the national assembly; if, by virtue of section 59(3) or 64(3) of this constitution, he is required to cease to perform his functions as a member of the house of representatives or of the senate; if the governor-general, acting in accordance with the advice of the prime minister, so directs; if the prime minister resigns from office within seven days after a resolution of no confidence in the government has been passed by the house of representatives or is removed from office under section 37(4) of this constitution; or on the appointment of any person to the office of prime minister. 46. oath to be taken by minister, etc a minister or a minister of state shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and office. 47. leader of the opposition there shall (except at times when there are no members of the house of representatives who do not support the government) be a leader of the opposition who shall be appointed by the governor-general. whenever there is occasion for the appointment of a leader of the opposition the governor-general shall appoint the member of the house of representatives who appears to him most likely to command the support of a majority of the members of the house who do not support the government; or, if no member of the house appears to him to command such support, the member of the house who appears to him to command the support of the largest single group of members of the house who do not support the government. if occasion arises to appoint a leader of the opposition during the period between a dissolution of the national assembly and the day on which the ensuing election of members of the house of representatives is held, an appointment may be made as if the national assembly had not been dissolved. the office of leader of the opposition shall become vacantif the holder of the office ceases to be a member of the house of representatives otherwise than by reason of a dissolution of the national assembly; if by virtue of section 59(3) of this constitution, he is required to cease to perform his functions as a member of the house; or if he is removed from office by the governor-general under the provisions of subsection (5) of this section. if it appears to the governor-general that the leader of the opposition is no longer able to command the support of a majority of the members of the house of representatives who do not support the government or (if no member of the house appears to him to be able to command such support) the support of the largest single group of members of the house who do not support the government, he shall remove the leader of the opposition from office. subject to the provisions of section 61(3)(b) of this constitution, during any period in which there is a vacancy in the office of leader of the opposition, the provisions of this constitution containing the requirement that action shall be taken in accordance with the advice of, or after consultation with, or with the concurrence of, the leader of the opposition shall have effect as if there were no such requirement. the powers of the governor-general under this section shall be exercised by him in his own deliberate judgment. 48. chief executive officers subject to the direction and control of the minister pursuant to section 41(2) of this constitution, every department of government shall be under the supervision of a public officer whose office is referred to in this constitution as the office of a chief executive officer: provided that two or more government departments may be placed under the supervision of one chief executive officer. 49. secretary to the cabinet there shall be a secretary to the cabinet whose office shall be a public office. the secretary to the cabinet, who shall have charge of the cabinet office, shall be responsible, in accordance with such instructions as may be given to him by the prime minister, for arranging the business for, and keeping the minutes of, the cabinet and for conveying the decisions of the cabinet to the appropriate person or authority and shall have such other functions as the prime minister may direct. 50. control of public prosecution there shall be a director of public prosecutions whose office shall be a public office. the director of public prosecutions shall have power with good and sufficient reasonto institute, and undertake criminal proceedings against any person before any court of law (other than a court-martial) in respect of any offence alleged to have been committed by that person; to take over and continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority. the powers of the director of public prosecutions under subsection (2) of this section may be exercised by him in person or through other persons acting under and in accordance with his general or special instructions. the powers conferred on the director of public prosecutions by paragraphs (b) and (c) of subsection (2) of this section shall be vested in him to the exclusion of any other person or authority: provided that where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the court. for the purposes of this section, any appeal from a judgment in criminal proceedings before any court, or any case stated or question of law reserved for the purpose of any such proceedings, to any other court (including her majesty in council) shall be deemed to be part of those proceedings: provided that the power conferred on the director of public prosecutions by subsection (2)(c) of this section shall not be exercised in relation to any appeal by a person convicted in any criminal proceedings or to any case stated or question of law reserved at the instance of such a person. subject to the powers of the attorney-general under section 42(2) of this constitution, in the exercise of the powers vested in him by subsection (2) of this section the director of public prosecutions shall not be subject to the direction or control of any other person or authority. 51. constitution of offices, etc subject to the provisions of this constitution and of any other law, the governor-general may constitute offices for belize, make appointments to any such office and terminate any such appointment. 52. prerogative of mercy the governor-general maygrant a pardon, either free or subject to lawful conditions, to any person convicted of any offence; grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence; substitute a less severe form of punishment for any punishment imposed on any person for any offence; or remit the whole or any part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the crown on account of any offence. the powers of the governor-general under subsection (1) of this section shall be exercised by him in accordance with the advice of the belize advisory council. 53. procedure in capital cases where any person has been sentenced to death (otherwise than by a court-martial) for an offence, the attorney-general shall cause a written report of the case from the trial judge (or the chief justice, if a report from the trial judge cannot be obtained), together with such other information derived from the record of the case or elsewhere as he may require, to be taken into consideration at a meeting of the belize advisory council, so that the council may advise the governor-general whether to exercise any of his powers under section 52(1) of this constitution. 54. belize advisory council there shall be a belize advisory council (hereinafter referred to as "the council") which shall consist of the members specified in subsection (2). the council shall consist of:two senior members, who shall be persons of integrity and high national standing, appointed by the governor-general, acting in accordance with the advice of the prime minister; and two senior members, who shall be persons of integrity and high national standing, appointed by the governor-general, acting in accordance with the advice of the leader of the opposition; and three other members, who shall be persons of integrity and high national standing, appointed by the governor-general, acting in accordance with the advice of the prime minister given after consultation with the leader of the opposition. subject to the proviso to this subsection, a senior member of the council shall hold office until he reaches the age of seventy-five years, unless he earlier resigns his office by writing under his own hand addressed to the governor-general, or if by a resolution of the house of representatives supported by two-thirds of the members of that house he is declared unable to discharge the functions of his office by reason of persistent absence or infirmity of body or mind, or to be in breach of the provisions of section 121 of this constitution: provided that:a senior member who has attained the age of seventy-five years may be appointed to continue in office until he attains any later age as may be specified in his instrument of appointment; any person of integrity and high national standing who at the commencement of this section is at least seventy-five years of age may be appointed a senior member and may continue in office until he attains any later age as may be specified in his instrument of appointment. a member of the council referred to in subsection (2)(c) of this section shall hold office for three years from the date of his appointment, unless he earlier resigns his office by writing under his own hand addressed to the governor-general, or if by resolution of the house of representatives supported by two-thirds of the members of that house he is declared unable to discharge the functions of his office by reason of persistent absence or infirmity of body or mind, or to be in breach of the provisions of section 121 of this constitution. no person shall be appointed a member or senior member of the council unless he is a citizen of belize, except that a member of the council who holds or has held office as a judge of a superior court of record need not be a citizen of belize if he is a citizen of a commonwealth country. the governor-general shall in each year appoint a different senior member of the council to be chairman of the council, and in making such appointment the governor-general shall ensure that in any period of four years, no senior member shall be chairman twice. a member of the council, including a senior member, shall not enter upon the duties of his office unless he has taken and subscribed the oath or affirmation of allegiance and office set out in schedule 3 of this constitution. the functions of the council shall be:to advise the governor-general in the exercise of his powers under section 52 of this constitution; to perform such other tasks and duties as are conferred or imposed on it by this constitution or any other law. in the exercise of its functions, the council shall not be subject to the direction or control of any other person or authority. the chairman or in his absence, a senior member appointed for that purpose by the governor-general, shall convene all meetings of the council for consideration of matters which in accordance with this constitution or any other law the council is called upon to consider. the chairman or in his absence, the senior member appointed for that purpose by the governor-general under subsection (10), shall preside at all meetings of the council. notwithstanding subsections (10) and (11), in any case where the council is convened to discharge its duties under section 88, 98, 102, 105, 108 or 109 of this constitution, or where the council is convened to hear an appeal from an officer to whom section 106, 107, 110d or 110f of this constitution applies, the chairman shall preside at that meeting. where the council is convened to remove the chairman, some other person who holds or has held office as a judge of a superior court of record shall be appointed by the governor-general on the advice of the prime minister given after consultation with the leader of the opposition to act as chairman for that purpose. at all meetings of the council:the quorum shall be five members; decisions shall be by a majority of the votes of those members of the council present and voting; and in the event that votes are equally divided on any matter, the chairman or senior member presiding shall have a second vote in addition to his original vote. the council may make regulations for regulating and facilitating the performance of its function under this constitution or any other law. subject to the provisions of this section, the council may regulate its own procedure. the council may, subject to the provisions of this section and to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member. the question whether or not the council has validly performed any functions conferred or imposed on it by this constitution or any other law shall not be enquired into in any court of law. within four months after the end of each year, the council shall prepare and submit to the prime minister, a report dealing generally with its proceedings and activities in the preceding year, and the prime minister shall, within three months of receiving the report, cause a copy of the report to be tabled in the national assembly. the council which was in existence prior to the 15th day of january, 2002:shall stand dissolved by the 31st december, 2001; may be allowed by the governor-general, acting on the advice of the prime minister, notwithstanding paragraph (a) of this subsection, to continue in office after 31st december, 2001, only for the purpose of enabling it to discharge its duties or perform its function in relation to matters that were pending or proceedings that were commenced before it, prior to the 15th day of january, 2002. part vi. the legislature 55. establishment of legislature there shall be in and for belize a legislature which shall consist of a national assembly comprising two houses, that is to say, a house of representatives and a senate. the house of representatives 56. the house of representatives subject to the provisions of this section, the house of representatives shall consist of thirty-one members who shall be elected in the manner provided by law. if any person who is not a member of the house of representatives is elected to be speaker of the house he shall, by virtue of holding the office of speaker, be a member of the house in addition to the thirty-one members aforesaid. the national assembly, in accordance with the provisions of section 90 of this constitution, may by law increase the number of members of the house of representatives. 57. qualifications for election as member subject to the provisions of section 58 of this constitution, a person shall be qualified to be elected as a member of the house of representatives if, and shall not be qualified to be so elected unless, heis a citizen of belize of the age of eighteen years or upwards; and has resided in belize for a period of at least one year immediately before the date of his nomination for election. 58. disqualifications for election as member no person shall be qualified to be elected as a member of the house of representatives whois, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state; is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of the commonwealth; is a person certified to be insane or otherwise adjudged to be of unsound mind under any law; is under sentence of death imposed on him by a court in any part of the commonwealth or is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended; is disqualified for membership of the house of representatives by any law by reason of his holding, or acting in, any office the functions of which involveany responsibility for, or in connection with, the conduct of any election; or any responsibility for the compilation or revision of any electoral register; is disqualified for membership of the house of representatives by virtue of any law by reason of his having been convicted of any offence relating to elections; is disqualified for membership of the house of representatives under any law by virtue ofhis holding or acting in any office or appointment specified (either individually or by reference to a class of office or appointment) by such law; his belonging to any of the armed forces of belize or to any class of person that is comprised in any such force; or his belonging to any police force or to any class of persons that is comprised in any such force; or is a party to, or a partner in a firm or a director or manager of a company which is a party to, any contract with the government for or on account of the public service and has not, within one month before the day of election, declared publicly and in a newspaper circulating in the electoral division for which he is a candidate a notice setting out the nature of the contract and his interest, or the interest of any such firm or company therein: provided that if it appears to the governor-general, acting in his own deliberate judgment, that it is proper so to do, he may by order direct that any such disqualification shall be disregarded for the purposes of this section, but no such order shall be made if proceedings have been commenced calling in question the right of that member to be a member of the house of representatives on the ground that he is disqualified under this paragraph. for the purposes of paragraph (d) of subsection (1) of this sectiontwo or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds twelve months, but if any one of such sentences exceeds that term they shall be regarded as one sentence; and no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine. where a by-election is held to fill the vacancy caused by the recall of a member of the house of representatives under any law providing for the recall of elected representatives, the member so recalled or who resigned in consequence of a petition for his recall shall be ineligible to stand as a candidate for the seat to be filled in such by-election. 59. tenure of office of members every member of the house of representatives shall vacate his seat in the house at the next dissolution of the national assembly after his election. a member of the house of representatives shall also vacate his seat in the houseif he is absent from the sittings of the house for such period and in such circumstances as may be prescribed in the standing orders of the house; if he ceases to be a citizen of belize; subject to the provisions of subsection (3) of the section, if any circumstances arise that, if he were not a member of the house of representatives, would cause him to be disqualified for election thereto by virtue of section 58(1) of this constitution; or if he shall become a party to any contract with the government for or on account of the public service, or if any firm in which he is a partner or any company of which he is a director or manager shall become a party to any such contract, or if he shall become a partner in a firm or a director or manager of a company which is a party to any such contract: provided that if in the circumstances it shall appear to them just so to do, the house of representatives by resolution may exempt any member thereof from vacating his seat under the provisions of this paragraph if such member shall, before becoming a party to such contract as aforesaid or before or as soon as practicable after becoming otherwise interested in such contract (whether as partner in a firm or director or manager of a company), disclose to the house the nature of such contract and his interest or the interest of any such firm or company therein; if, having been a candidate of a political party and elected to the house of representatives as a candidate of that political party, he resigns from that political party or crosses the floor. if he is recalled as a member of the house of representatives under any law providing for the recall of elected representatives before the expiry of their normal term of office. 3 if circumstances such as are referred to in paragraph (c) of subsection (2) of this section arise because any member of the house of representatives is under sentence of death or imprisonment, or adjudged to be insane or otherwise of unsound mind, or declared bankrupt and undischarged, or convicted of an offence relating to elections, and if it is open to the member to appeal against the decision (either with the leave of a court or other authority or without such leave), he shall forthwith cease to perform his functions as a member of the house but, subject to the provisions of this subsection, he shall not vacate his seat until the expiration of a period of thirty days thereafter: provided that the speaker may from time to time extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the house. if, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the member, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the member to appeal, he shall forthwith vacate his seat. if at any time before the member of the house vacates his seat such circumstances as aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (a) of this subsection and he may resume the performance of his functions as a member of the house. 59a. procedure where a member vacates seat due to resignation or crossing the floor where a person resigns from being a member of a political party under the circumstances referred to in section 59(2)(e), that person shall, within seven days of so resigning, inform the leader in the house of representatives of the political party as a candidate of which that person was elected, and the leader of the political party shall so notify the speaker in writing of such resignation. where a person crosses the floor under the circumstances referred to in section 59(2)(e), the leader in the house of representatives of the political party as a candidate of which that person was elected shall, within seven days of such crossing of the floor, so notify the speaker in writing of such member having crossed the floor. upon receipt of the written notice referred to in subsection (1) or (2), the speaker shall, if satisfied that the circumstances referred to in section 59(2)(e) exist, make a declaration at the next sitting of the house of representatives next after receiving the notice that the member has ceased to be a member of the house of representatives by reason of resignation or crossing the floor, as the case may be. where the person subject to disqualification under section 59(2)(e) is the speaker, the leader of the political party in the house of representatives as a candidate of which the speaker was elected as a member of the house shall, when acting in accordance with subsection (1) or (2), notify a person elected by the house in that behalf, and such person may make a declaration in accordance with subsection (3) that the speaker has ceased to be a member of the house of representatives by reason of resignation or crossing the floor, as the case may be. where a declaration has been made under subsection (3) that a person has ceased to be a member of the house of representatives by reason of resignation or crossing the floor, that person:may, within twenty-one days of the making of the declaration, appeal against the declaration to the supreme court, whose decision on the matter shall be final; shall cease to perform his functions as a member of the house but, subject to subsection (6), shall not vacate his seat until after the determination for his appeal by the supreme court. if, on the determination of any appeal made under subsection (5)(a), the supreme court determines that the person resigned from the political party or crossed the floor, as the case may be, or if the period for entering an appeal under subsection (5)(a) expires before the person enters an appeal, he shall forthwith vacate his seat. section 59(2)(e) and this section shall apply to all members of the house of representatives who were such members on or after the 23rd day of february, 2001. 60. speaker and deputy speaker when the house of representatives first meets after any general election and before it proceeds to the despatch of any other business it shall elect a person to be speaker of the house; and, if the office of speaker falls vacant at any time before the next dissolution of the national assembly, the house shall, as soon as practicable, elect another person to that office. the speaker shall be above the age of thirty years and may be elected either from among the members of the house of representatives who are not ministers or from among persons who are not members of either house: provided that a person who is not a member of either house shall not be elected as speaker ifhe is not a citizen of belize; or he is a person disqualified for election as a member of the house of representatives by virtue of section 58(1) of this constitution. when the house of representatives first meets after any general election and before it proceeds to the despatch of any other business except the election of the speaker, the house shall elect a member of the house, who is not a minister, to be deputy speaker of the house; and if the office of deputy speaker falls vacant at any time before the next dissolution of the national assembly, the house shall, as soon as practicable, elect another such member to that office. a person shall vacate the office of speaker or deputy speakerin the case of a speaker elected from among members of the house of representatives or in the case of the deputy speakerif he ceases to be a member of the house; or if he is appointed to be a minister; in the case of a speaker elected from among persons who are not members of either houseupon any dissolution of the national assembly; if he ceases to be a citizen of belize; or if any circumstances arise which would cause him to be disqualified for election as a member of the house by virtue of section 58 (1) of this constitution; in the case of the deputy speaker, if he is elected to be speaker. 5 if, by virtue of section 59(3) of this constitution, the speaker or deputy speaker is required to cease to perform his functions as a member of the house of representatives, he shall also cease to perform his functions as speaker or deputy speaker, as the case may be, and those functions shall, until he vacates his seat in the house or resumes the performance of the functions of his office, be performedin the case of the speaker, by the deputy speaker or, if the office of deputy speaker is vacant, by such member of the house (not being a minister) as the house may elect for the purpose; in the case of the deputy speaker, by such member of the house (not being a minister) as the house may elect for the purpose. if the speaker or deputy speaker resumes the performance of his functions as a member of the house, in accordance with the provisions of section 59(3) of this constitution, he shall also resume the performance of his functions as speaker or deputy speaker, as the case may be. the senate 61. composition of senate subject to subsection (2), the senate shall consist of twelve members (in this constitution referred to as "senators") who shall be appointed by the governor-general in accordance with the provisions of this section. if any person who is not a senator is selected to be president of the senate he shall, by virtue of holding the office of president, be a senator in addition to the twelve senators referred to in subsection (1). the president of the senate shall have a casting vote in the event of an equality of votes in respect of any business at a meeting of the senate. provided that if the president of the senateis a senator, he shall have an original but not a casting vote, and is not a senator, he shall not have a vote, when the senate is deciding on any matter referred to in section 61a (2)(d) of this constitution. of the twelve senatorssix shall be appointed by the governor-general acting in accordance with the advice of the prime minister; and three shall be appointed by the governor-general acting in accordance with the advice of the leader of the opposition; and one shall be appointed by the governor-general acting in accordance with the advice of the belize council of churches and evangelical association of churches; and one shall be appointed by the governor-general acting in accordance with the advice of the belize chamber of commerce and industry and the belize business bureau; and one shall be appointed by the governor-general acting in accordance with the advice of the national trade union congress and the civil society steering committee. where an organisation referred to in paragraphs (c) to (e) of subsection (3) of this section fails to advise the governor-general, within fourteen days of receiving a written invitation from the governor-general to give written advice to him of its candidate as senator, as required by that subsection, the governor-general shall appoint that senator in accordance with the advice of the belize advisory council. notwithstanding sections 64 and 84 of this constitution, the senate which was in existence prior to the 15th day of january, 2002, shall stand dissolved from the 15th day of january, 2002. when the senate first meets after the 15th day of january, 2002, before it proceeds to despatch any business, it shall elect a person to be president of the senate, and another senator who is not a minister to be vice-president of the senate. if there is an equality of votes at a meeting to elect a president pursuant to subsection (7) of this section, the leader of government business in the senate shall have a second vote. the governor-general may make rules governing the nomination of candidates as senators by the organisations specified in paragraphs (c) to (e) of subsection (3) of this section. 61a. powers and functions of the senate without prejudice to any other powers vested in the senate by this constitution or any other law, the senate shall have the powers and perform the functions set out in the subsection (2). the powers and functions of the senate referred to in section (1) are as follows:authorising the ratification (including adhesion or accession) of any treaty by the government of belize, including any treaty for the settlement of the territorial dispute between belize and the republic of guatemala; approving the establishment in belize of any military base of operations for any foreign military forces; approving the appointment of the contractor general, and the ombudsman, a member of the elections and boundaries commission, and a member of the integrity commission; instituting and conducting enquiries and investigations on any matter of public interest or importance, including inquiries into mismanagement or corruption by persons in the central government or public statutory bodies; receiving, reviewing and reporting on annual reports and other reports of the auditor general, the contractor general and the ombudsman and instituting and conducting inquiries, investigations and hearings in relation thereto; requiring the attendance before it of the auditor general, the contractor general or the ombudsman generally, in relation to the discharge of their duties and the execution of their functions; requiring the attendance before it of any chief executive officer in a government ministry in respect of any matter of which he has knowledge by virtue of his office, or in respect of anything related to his office and the due execution of his duties; and requiring the attendance before any committee of the senate, of any minister of government. where any law, including this constitution, provides a procedure for making any appointment referred to in subsection (2)(c), and such procedure of appointment is inconsistent with the powers of the senate under this section, then such appointment shall only be validly done if the prior approval of the senate as required by this section is obtained. the senate shall exercise its powers and perform its functions under this section through a resolution supported by a simple majority of its members. 62. qualifications for appointment as senator subject to the provisions of section 63 of this constitution, a person shall be qualified to be appointed as a senator if, and shall not be qualified to be so appointed unless, heis a citizen of belize of the age of eighteen years or upwards; and has resided in belize for a period of at least one year immediately before the date of his appointment. 63. disqualifications for appointment as senator no person shall be qualified to be appointed as a senator whois, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state; is a member of the house of representatives; is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of the commonwealth; is a person certified to be insane or otherwise to be of unsound mind under any law; is under sentence of death imposed upon him by a court in any part of the commonwealth or is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended; is disqualified for membership of the house of representatives by any law by reason of his holding, or acting in, any office the functions of which involveany responsibility for, or in connection with, the conduct of any election; or any responsibility for the compilation or revision of any electoral register; is disqualified for membership of the house of representatives by virtue of any law by reason of his having been convicted of any offence relating to elections; is disqualified for membership of the senate under any law by virtue ofhis holding or acting in any office or appointment specified (either individually or by reference to a class of office or appointment) by such law; his belonging to any of the armed forces of belize or to any class of person that is comprised in any such force; or his belonging to any police force or to any class of person that is comprised in any such force; or is a party to, or a partner in a firm or a director or manager of a company which is a party to, any contract with the government for or on account of the public service, and has not disclosed to the governor-general the nature of such contract and his interest, or the interest of any such firm or company, therein: provided that if it appears to the governor-general, acting in his own deliberate judgment, that it is proper so to do, he may by order direct that any such disqualification shall be disregarded for the purposes of this section. for the purposes of paragraph (e) of subsection (1) of this sectiontwo or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds twelve months, but if any one of such sentences exceeds that term they shall be regarded as one sentence; and no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine. 64. tenure of office of senator every senator shall vacate his seat in the senate at the next dissolution of the national assembly after his appointment. a senator shall also vacate his seat in the senateif he is absent from the sittings of the senate for such period and in such circumstances as may be prescribed in the standing orders of the senate; if, with his consent, he is nominated as a candidate for election to the house of representatives; if he ceases to be a citizen of belize; subject to the provisions of subsection (3) of this section, if any circumstances arise that, if he were not a senator, would cause him to be disqualified for appointment as such by virtue of section 63(1) of this constitution; if the governor-general, acting in accordance with the advice of the prime minister in the case of a senator appointed in accordance with that advice, or acting in accordance with the advice of the leader of the opposition in the case of a senator appointed in accordance with that advice, or acting in accordance with the advice of any organization referred to in paragraph (c), (d) or (e) of subsection (4) of section 61 of this constitution in the case of a senator appointed in accordance with that advice, declares the seat of that senator to be vacant; if he shall become a party to any contract with the government for or on account of the public service, or if any firm in which he is a partner or any company of which he is a director or manager shall become a party to any such contract, or if he shall become a partner in a firm or a director or manager of a company which is a party to any such contract: provided that if in the circumstances it shall appear to him to be just so to do, the governor-general, acting in his own deliberate judgment, may exempt any senator from vacating his seat under the provisions of this paragraph if such senator shall, before becoming a party to such contract as aforesaid or before or as soon as practicable after becoming otherwise interested in such contract (whether as partner in a firm or director or manager of a company), disclose to the governor-general the nature of such contract and his interest or the interest of any such firm or company therein. 3 if circumstances such as are referred to in paragraph (d) of subsection (2) of this section arise because a senator is under sentence of death or imprisonment, or adjudged to be insane or otherwise of unsound mind, or declared bankrupt and is undischarged, or convicted of an offence relating to elections, and it is open to the senator to appeal against the decision (either with the leave of a court or other authority or without such leave), he shall forthwith cease to perform his functions as a senator but, subject to the provisions of this subsection, he shall not vacate his seat until the expiration of a period of thirty days thereafter: provided that the president of the senate may from time to time extend that period for further periods of thirty days to enable the senator to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the senate. if, on the determination of an appeal, such circumstances continue to exist and no further appeal is open to the senator, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the senator to appeal, he shall forthwith vacate his seat. if at any time before the senator vacates his seat such circumstances as aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (a) of this subsection and he may resume the performance of his functions as senator. 65. appointment of temporary senators the governor-general may declare a senator to be, by reason of illness, temporarily incapable of performing his functions as a senator and thereupon such senator shall not perform his said functions until he is declared by the governor-general again to be capable of performing them. whenever a senator is incapable of performing his functions as a senator by reason of his absence from belize or by virtue of the provisions of section 64 of this constitution or by reason of a declaration made under the last foregoing subsection, the governor-general may appoint a person qualified for appointment as a senator to be temporarily a member of the senate. subsections (1) and (2) of section 64 of this constitution shall apply in relation to a person appointed as a senator under this section as they apply in relation to a senator appointed under section 61 (except that paragraph (d) of the said subsection (2) shall apply as if it were not expressed to be subject to subsection (3) of the said section 64) and an appointment made under this section shall in any case cease to have effect when the person appointed is notified by the governor-general that the circumstances giving rise to his appointment have ceased to exist. in the exercise of the powers conferred on him by this section the governor-general shall actin accordance with the advice of the prime minister in relation to an appointment to be temporarily a member of the senate in place of a senator appointed in pursuance of paragraph (a) of subsection (2) of section 61 of this constitution; in accordance with the advice of the leader of the opposition in relation to an appointment to be temporarily a member of the senate in place of a senator appointed in pursuance of paragraph (b) of subsection (2) of the said section; after consultation with the belize advisory council in any other case. 66. president and vice-president when the senate first meets after any general election and before it proceeds to the despatch of any other business, it shall elect a person from among persons who are not members of either house to be president of the senate; and, if the office of president falls vacant at any time before the dissolution of the national assembly, the senate shall, as soon as practicable, elect another person in like manner from among persons who are not members of either house to that office. when the senate first meets after any general election and before it proceeds to the despatch of any other business except the election of the president, it shall elect a senator, who is not a minister, to be vice-president of the senate; and if the office of vice-president falls vacant at any time before the next dissolution of the national assembly, the senate shall, as soon as practicable, elect another senator to that office. the president and the vice-president shall be of or above the age of twenty-four years and the president shall be elected from among persons who are not members of either house: provided that a person shall not be elected as president ifhe is not a citizen of belize; or he is a person disqualified for election as a member of the house of representatives by virtue of section 58(1) of this constitution. a person shall vacate the office of president or vice-president of the senatein the case of a presidentupon any dissolution of the national assembly; if he ceases to be a citizen of belize; or if any circumstances arise which would cause him to be disqualified for election as a member of the house of representatives by virtue of section 58(1) of the constitution; in the case of the vice-presidentif he ceases to be a senator; or if he is appointed to be a minister. 5 if, by virtue of section 64(3) of this constitution, the president or the vice-president is required to cease to perform his functions as a senator he shall also cease to perform his functions as president or vice-president, as the case may be, and those functions shall, until he vacates his seat in the senate or resumes the performance of the functions of his office, be performedin the case of the president, by the vice-president or, if the office of vice-president is vacant, by such senator (not being a minister) as the senate may elect for the purpose; in the case of the vice-president, by such senator (not being a minister) as the senate may elect for the purpose. if the president or vice-president resumes the performance of his functions as senator, in accordance with the provisions of section 64(3) of this constitution, he shall also resume the performance of his functions as president or vice-president, as the case may be. 67. clerks to houses of national assembly there shall be a clerk to the national assembly (who shall be the clerk of both houses) and a deputy clerk and such other assistants as may be necessary. the national assembly may by law regulate the recruitment and the conditions of service of persons referred to in subsection (1). powers and procedure 68. power to make laws subject to the provisions of this constitution, the national assembly may make laws for the peace, order and good government of belize. 69. alteration of constitution the national assembly may alter any of the provisions of this constitution in the manner specified in the following provisions of this section. until after the first general election held after independence day a bill to alter any of the provisions of this constitution shall not be regarded as being passed by the national assembly unless on its final reading in each house the bill is supported by the unanimous vote of all members of that house. a bill to alter this section, schedule 2 to this constitution or any of the provisions of this constitution specified in that schedule shall not be regarded as being passed by the house of representatives unless on its final reading in the house the bill is supported by the votes of not less than three-quarters of all the members of the house. a bill to alter any of the provisions of this constitution other than those referred to in subsection (3) of this section shall not be regarded as being passed by the house of representatives unless on its final reading in the house the bill is supported by the votes of not less than two-thirds of all the members of the house. a bill to alter any of the provisions of this constitution referred to in subsection (3) of this section shall not be submitted to the governor-general for his assent unless there has been an interval of not less than ninety days between the introduction of the bill in the house of representatives and the beginning of the proceedings in the house on the second reading of the bill. subject to sections 78 and 79 of this constitution, a bill to alter any provision of part ii of the constitution shall not be regarded as being passed by the national assembly unless it is supported by a simple majority of the senate. 6 a bill to alter any of the provisions of this constitution shall not be submitted to the governor-general for assent unless it is accompanied by a certificate of the speaker signed by him that the provisions of subsection (2), (3) or (4) of this section, as the case may be, have been complied with. the certificate of the speaker under this subsection shall be conclusive that the provisions of subsection (2), (3) or (4) of this section, as the case may be, have been complied with and shall not be enquired into by any court of law. in this subsection, references to the speaker shall, if the person holding the office of speaker is for any reason unable to perform the functions of his office and no other person is performing them, include references to the deputy speaker. in this section and schedule 2 to this constitution, references to any of the provisions of this constitution include references to any law that alters that provision. in this section, references to altering this constitution or any provision thereof include referencesto revoking it, with or without re-enactment thereof or the making of different provision in lieu thereof; to modifying it, whether by omitting or amending any of its provisions or inserting additional provisions in it or otherwise; and to suspending its operations for any period or terminating any such suspension. for the removal of doubts, it is hereby declared that the provisions of this section are all-inclusive and exhaustive and there is no other limitation, whether substantive or procedural, on the power of the national assembly to alter this constitution. 70. regulation of procedure in national assembly, etc subject to the provisions of this constitution, each house may make, amend or revoke standing orders for the regulation and orderly conduct of its own proceedings and the despatch of business, and the passing, intituling and numbering of bills and the presentation of the same to the governor-general for assent. a minister shall be permitted to address the house of which he is not a member but shall have no vote in that house. 71. oath to be taken by members of national assembly except for the purposes of enabling this section to be complied with, no member of either house shall sit or vote therein, or be entitled to receive any salary or emoluments in respect of his office until he has made and subscribed before that house the oath of allegiance and office: provided that the election of a speaker and deputy speaker of the house of representatives and the election of a president and vice-president of the senate may take place before the members of the house of representatives or of the senate, as the case may be, have made and subscribed such oath. if between the time when a person becomes a member of the house of representatives and the time when that house first meets thereafter, a meeting takes place of any committee of that house of which that person is a member, that person may, in order to enable him to attend the meeting and take part in the proceedings of the committee, make and subscribe the oath before the speaker or, if the speaker is absent from belize or the office of speaker is vacant, before the deputy speaker; and the making and subscribing of the oath in such manner shall suffice for all the purposes of this section. the provisions of subsection (2) of this section shall apply in relation to a person who becomes a member of the senate as they apply in relation to a person who becomes a member of the house of representatives but as if references to the speaker and the deputy speaker were references to the president and the vice-president. 72. presiding in house of representatives and senate the speaker, or in his absence, the deputy speaker, or, if they are both absent, a member of the house of representatives (not being a minister) elected by the house for that sitting shall preside at each sitting of the house. the president, or in his absence, the vice-president, or, if they are both absent, a senator (not being a minister) elected by the senate for that sitting shall preside at each sitting of the senate. references in this section to circumstances in which the speaker, deputy speaker, president or vice-president is absent include references to circumstances in which the office of speaker, deputy speaker, president or vice-president is vacant. 73. voting save as otherwise provided in this constitution, all questions proposed for decision in either house shall be determined by a majority of the votes of the members thereof present and voting. a speaker elected from among persons who are members of the house of representatives or a president elected from among persons who are senators or a member of either house presiding in that house shall have an original but not a casting vote. a speaker elected from among persons who are not members of the house of representatives or a president elected from among persons who are not senators shall have no vote. if upon any question before either house the votes of the members are equally divided the motion shall be lost. 74. freedom of speech without prejudice to any provision made by the national assembly relating to the powers, privileges and immunities of the senate or the house of representatives and the committees thereof, or the privileges and immunities of the members and officers of either house and of other persons concerned in the business of either house or the committees thereof, no civil or criminal proceedings may be instituted against any member of either house for words spoken before, or written in a report to, either house or a committee thereof or by reason of any matter or thing brought by him therein by petition, bill, resolution, motion or otherwise. 75. validity of proceedings a house shall not be disqualified for the transaction of business by reason of any vacancy in the membership thereof (including any vacancy not filled when the house is first constituted or is reconstituted at any time) and any proceedings therein shall be valid notwithstanding that some person who was not entitled so to do sat and voted in the house or otherwise took part in the proceedings. 76. quorum if at any sitting of either house any member of the house who is present draws the attention of the person presiding at the sitting to the absence of a quorum and, after such interval as may be prescribed in the standing orders of the house, the person presiding at the sitting ascertains that a quorum of the house is still not present, the house shall be adjourned. for the purposes of this sectiona quorum of the house of representatives shall consist of seven members of the house; a quorum of the senate shall consist of three senators; the person presiding at the sitting of either house shall not be included in reckoning whether there is a quorum of that house present. 77. introduction of bills, etc a bill other than a money bill may be introduced in either house. a money bill shall not be introduced in the senate. except on the recommendation or with the consent of the cabinet, signified by a minister, neither house shallproceed with any bill (including any amendment to a bill) which, in the opinion of the person presiding, makes provision for any of the following purposesfor imposing or increasing or reducing or abolishing any tax; for imposing or increasing any charge on the revenues or other funds of belize or for altering any such charge otherwise than by reducing it; or for compounding or remitting any debt due to belize; proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, would be to make provision for any of the purposes aforesaid; or receive any petition which, in the opinion of the person presiding, requests that provision be made for any of the purposes aforesaid. 78. restriction on powers of senate as to money bills if a money bill, having been passed by the house of representatives and sent to the senate at least one month before the end of the session, is not passed by the senate without amendment within one month after it is sent to that house, the bill shall, unless the house of representatives otherwise resolves, be presented to the governor-general for assent notwithstanding that the senate has not consented to the bill. there shall be endorsed on every money bill when it is sent to the senate the certificate of the speaker signed by him that it is a money bill; and there shall be endorsed on any money bill that is presented to the governor-general for assent in pursuance of subsection (1) of this section the certificate of the speaker signed by him that it is a money bill and that the provisions of that subsection have been complied with. 79. restriction on powers of senate as to bills other than money bills if any bill other than a money bill is passed by the house of representatives in two successive sessions (whether or not the national assembly is dissolved between those sessions) and, having been sent to the senate in each of those sessions at least one month before the end of the session, is rejected by the senate in each of those sessions, that bill shall, on its rejection for the second time by the senate, unless the house of representatives otherwise resolves, be presented to the governor-general for assent notwithstanding that the senate has not consented to the bill: provided that the foregoing provisions of this subsection shall not have effect unless at least six months have elapsed between the date on which the bill is passed by the house of representatives in the first session and the date on which it is passed by the house in the second session. for the purposes of this section a bill that is sent to the senate from the house of representatives in any session shall be deemed to be the same bill as a former bill sent to the senate in the preceding session if, when it is sent to the senate, it is identical with the former bill or contains only such amendments as are certified by the speaker to be necessary owing to the time that has elapsed since the date of the former bill or to represent any amendments which have been made by the senate in the former bill in the preceding session. the house of representatives may, if it thinks fit, on the passage through that house of a bill that is deemed to be the same bill as a former bill sent to the senate in the preceding session, suggest any amendments without inserting the amendments in the bill, and if agreed to by the senate the said amendments shall be treated as amendments made by the senate and agreed to by the house of representatives; but the exercise of this power by the house of representatives shall not affect the operation of this section in the event of the rejection of the bill in the senate. there shall be inserted in any bill that is presented to the governor-general for assent in pursuance of this section any amendments that are certified by the speaker to have been made in the bill by the senate in the second session and agreed to by the house of representatives. there shall be endorsed on any bill that is presented to the governor-general for assent in pursuance of this section the certificate of the speaker signed by him that the provisions of this section have been complied with. 80. provisions relating to sections 77, 78 and 79 in sections 77, 78 and 79 of this constitution, "money bill" means a public bill, which, in the opinion of the speaker, contains only provisions dealing with all or any of the following matters, namely, the imposition, repeal, remission, alteration or regulation of taxation; the imposition, for the payment of debt or other financial purposes, of charges on public money, or the variation or repeal of any such charges; the grant of money to the crown or to any authority or person, or the variation or revocation of any such grant; the appropriation, receipt, custody, investment, issue or audit of accounts of public money; the raising or guarantee of any loan or the repayment thereof, or the establishment, alteration, administration or abolition of any sinking fund provided in connection with any such loan; or subordinate matters incidental to any of the matters aforesaid; and in this subsection the expressions "taxation", "debt", "public money" and "loan" do not include any taxation imposed, debt incurred or money provided or loan raised by any local authority or body for local purposes. for the purposes of section 79 of this constitution, a bill shall be deemed to be rejected by the senate ifit is not passed by the senate without amendment; or it is passed by the senate with any amendment which is not agreed to by the house of representatives. whenever the office of speaker is vacant or the speaker is for any reason unable to perform any functions conferred on him by section 78 or 79 of this constitution or subsection (1) of this section, that function may be performed by the deputy speaker. a certificate of the speaker or the deputy speaker under section 78 or 79 of this constitution shall be conclusive for all purposes and shall not be questioned in any court of law. before giving any certificate under section 78 or 79 of this constitution the speaker or the deputy speaker, as the case may be, shall consult the attorney-general or, if the attorney-general is absent from the seat of government, such member of the attorney-general's staff as the attorney-general may designate for that purpose. 81. mode of exercise of legislative power the power of the national assembly to make laws shall be exercised by bills passed by the senate and the house of representatives (or in the cases mentioned in sections 78 and 79 of this constitution by the house of representatives) and assented to by the governor-general. when a bill is submitted to the governor-general for assent in accordance with the provisions of this constitution he shall signify that he assents or that he withholds assent thereto. when the governor-general assents to a bill that has been submitted to him in accordance with the provisions of this constitution the bill shall become law and the governor-general shall thereupon cause it to be published in the gazette as law. no law made by the national assembly shall come into operation until it has been assented to by the governor-general but the national assembly may postpone the coming into operation of any such law and may make laws with retrospective effect. all laws made by the national assembly shall be styled "acts". 82. words of enactment in every bill presented to the governor-general for assent, other than a bill presented under section 78 or 79 of this constitution, the words of enactment shall be as follows:"be it enacted, by and with the advice and consent of the house of representatives and the senate of belize and by the authority of the same, as follows:-" in every bill presented to the governor-general for assent under section 78 or 79 of this constitution, the words of enactment shall be as follows:"be it enacted, by and with the advice and consent of the house of representatives of belize in accordance with the provisions of section 78 (or section 79, as the case may be) of the constitution and by the authority of the same, as follows:-". any alteration of the words of enactment of a bill made in consequence of the provisions of the preceding subsection shall not be deemed to be an amendment of the bill. 83. sessions of legislature, etc there shall be a session of the national assembly at least once in every year, and each session shall be held at such place within belize and shall begin at such time (not being later than six months from the end of the preceding session if the national assembly has been prorogued or four months from the end of the session if the national assembly has been dissolved) as the governor-general shall appoint by proclamation published in the gazette. subject to the provisions of subsection (1) of this section, the sittings of each house shall be held at such time and place as that house may, by its standing orders or otherwise, determine: provided that the first sitting of each house after the national assembly has at any time been prorogued or dissolved shall begin at the same time. 84. prorogation and dissolution of legislature the governor-general may at any time prorogue or dissolve the national assembly. subject to the provisions of subsection (3) of this section the national assembly, unless sooner dissolved, shall continue for five years from the date of the first sitting of the house of representatives after any dissolution and shall then stand dissolved. at any time when belize is at war, the national assembly may by law extend the period of five years specified in subsection (2) of this section for not more than twelve months at a time: provided that the life of the national assembly shall not be extended under this subsection for more than two years. in the exercise of his powers to dissolve the national assembly, the governor-general shall act in accordance with the advice of the prime minister: provided thatif the prime minister advises a dissolution and the governor-general, acting in his own deliberate judgment, considers that the government of belize can be carried on without a dissolution and that a dissolution would not be in the interests of belize, he may, acting in his own deliberate judgment, refuse to dissolve the national assembly; if a resolution of no confidence in the government is passed by the house of representatives and the prime minister does not within seven days either resign or advise a dissolution, the governor-general, acting in his own deliberate judgment, may dissolve the national assembly; and if the office of the prime minister is vacant and the governor-general, acting in his own deliberate judgment, considers that there is no prospect of his being able within a reasonable time to make an appointment to that office, the governor-general shall dissolve the national assembly. if, between a dissolution of the national assembly and the next ensuing general election of members of the house of representatives, an emergency arises of such a nature that, in the opinion of the prime minister, it is necessary for the two houses or either of them to be summoned before that general election can be held, the governor general may, by proclamation published in the gazette, summon the two houses of the preceding national assembly and that national assembly shall thereupon be deemed (except for the purposes of section 85 of this constitution) not to have been dissolved but shall be deemed (except as aforesaid) to be dissolved on the date on which the polls are held in the next ensuing general election. during the period between the dissolution of the national assembly and the appointment of a prime minister after a general election, the government of belize shall continue to be administered by the prime minister and the other ministers and deputy ministers of the government. 85. general elections and appointment of senators a general election of members of the house of representatives shall be held at such time within three months after every dissolution of the national assembly as the governor-general, acting in accordance with the advice of the prime minister, shall appoint. as soon as practicable after every general election, the governor-general shall proceed under section 61 of this constitution to the appointment of senators. where the seat of a member of the house of representatives or a senator falls vacant otherwise than by reason of a dissolution of the national assemblyif the vacant seat is that of a member of the house, a by-election shall be held; or if the vacant seat is that of a senator, an appointment shall be made, to fill the vacancy within three months of the occurrence of the vacancy unless the national assembly is sooner dissolved. 86. determination of questions as to membership of national assembly any question whetherany person has been validly elected as a member of the house of representatives or validly appointed as a senator; any member of the house of representatives or senator has vacated his seat or is required, under the provisions of section 59(3) or section 64(3) of this constitution, to cease to exercise any of his functions as a member of the house of representatives or as a senator; or any person has been validly elected as speaker of the house of representatives or president of the senate from among persons who are not members of the house of representatives or senators, or, having been so elected, has vacated the office of speaker or of president, shall be determined by the supreme court in accordance with the provisions of any law. proceedings for the determination of any question referred to in the preceding subsection shall not be instituted except with the leave of a justice of the supreme court. no appeal shall lie from the decision of a justice of the supreme court granting or refusing leave to institute proceedings in accordance with the preceding subsection. 87. unqualified persons sitting or voting any person who sits or votes in either house knowing or having reasonable cause for knowing that he is not entitled to do so shall be liable to a penalty not exceeding five hundred dollars or such other sum as may hereafter be prescribed by the speaker and the president, for every day he so sits or votes in that house. the penalty referred to in subsection (1) shall be recoverable by action in the supreme court at the suit of the attorney-general. 88. elections and boundaries commission there shall be an elections and boundaries commission which shall consist of a chairman and four other members who shall be persons of integrity and high national standing. the chairman and two other members of the elections and boundaries commission shall be appointed by the governor-general, acting in accordance with the advice of the prime minister given after consultation with the leader of the opposition, and the remaining two members shall be appointed by the governor-general, acting in accordance with the advice of the prime minister given with the concurrence of the leader of the opposition: provided that in the process of consultation with the leader of the opposition for the appointment of the chairman, the prime minister shall use his best endeavours to secure the agreement of the leader of the opposition. no person shall be qualified to be appointed as a member of the commission if he is a member of the national assembly or if he holds or is acting in any public office. if any member of the commission dies or resigns, the governor-general shall appoint another person in his place in the same manner in which such member was appointed. subject to the provisions of this section, the office of a member of the commission shall become vacantat the expiration of five years from the date of his appointment; or if any circumstances arise that, if he were not a member of the commission, would cause him to be disqualified for appointment as such. a member of the commission may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of mind or body or from any other cause) or for misbehavior, and shall not be so removed except in accordance with the provisions of this section. a member of the commission shall be removed from office by the governor-general if the question of the removal of that member from office has been referred to the belize advisory council in accordance with the next following subsection and the belize advisory council has advised the governor-general that the member ought to be removed from office for inability as aforesaid or for misbehavior. if the prime minister represents to the governor-general that the question of removing a member of the commission under this section ought to be investigated, thenthe governor-general shall refer the matter to the belize advisory council which shall sit as a tribunal in the manner provided in section 54 of this constitution; and the belize advisory council shall enquire into the matter and report on the facts thereof to the governor-general and advise the governor-general whether that member of the commission should be removed under this section. if the question of removing a member of the commission from office has been referred to the belize advisory council under the preceding subsection, the governor-general may suspend the member from performing the functions of his office, and any such suspension may at any time be revoked by the governor-general and shall in any case cease to have effect if the belize advisory council advises the governor-general that the member should not be removed from office. if the office of a member of the commission is vacant or a member is for any reason unable to perform the functions of his office, the governor-general may appoint another person in the same manner in which such member was appointed, to act as a member of the commission, and any person so appointed shall, subject to the provisions of subsections (6), (7), (8) and (9) of this section, continue to act until he is notified by the governor-general that the circumstances giving rise to the appointment have ceased to exist. a member of the commission shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and office. the commission may regulate its own procedure and, with the approval of the governor-general given in accordance with the advice of the prime minister, confer powers or impose duties on any public officer or authority of the government for the purpose of the discharge of its functions. the commission shall be responsible for the direction and supervision of the registration of voters and the conduct of elections, referenda and all matters connected therewith. in the exercise of its functions, the commission shall not be subject to the direction or control of any other person or authority and shall, subject to the provisions of this constitution, act in accordance with the representation of the people act or any other law, rule or regulation relating to elections. 89. electoral divisions for the purposes of the election of members of the house of representatives, belize shall be divided into thirty-one electoral divisions, the names and boundaries of which are set out in schedule 1 to the representation of the people act. each electoral division shall be represented in the house of representatives by one elected member. 90. increase of electoral divisions the elections and boundaries commission shall, after considering the distribution of the population throughout belize, make proposals from time to time for dividing belize into electoral divisions in such a way thateach electoral division shall have as nearly as may be an equal number of persons eligible to vote; the total number of electoral divisions shall be not less than twenty-eight. in fixing the boundaries of electoral divisions the commission shall have regard to the transport and other facilities of the division, and to its physical features. the proposals of the commission made pursuant to this section shall be laid before the national assembly by the chairman of the commission, and the electoral divisions specified in those proposals shall be the electoral divisions of belize for the purposes of any law for the time being in force relating to the election of members of the house of representatives when, and shall not be such electoral divisions until, enacted as law by the national assembly. when the elections and boundaries commission considers it necessary to increase the number of electoral divisions as specified in subsection (1), it shall make proposals to the national assembly, and the national assembly may enact a law to give effect to such proposals, with such amendments and modifications as may seem appropriate to the national assembly. 91. redivision of electoral divisions any redivision of electoral divisions effected in accordance with section 90 of this constitution shall, in respect of the election of members of the house of representatives, come into operation at the next general election held after such redivision and not earlier. 92. conduct of voting at any general electionevery citizen of belize or a citizen of any commonwealth country who has attained the age of eighteen years and who satisfies the requirements of the representation of the people act shall have the right to vote; no person shall be entitled to more than one vote; and votes shall be cast in a secret ballot. 93. conduct of elections, etc subject to the provisions of sections 88 to 92 inclusive of this constitution, the provisions of the representation of the people act shall apply to the franchise, registration of voters, the administration of the electoral system, offences relating to the electoral system, the conduct of elections, and all matters connected therewith. part vii. the judiciary 93a. magistracy there shall be established in each judicial district of belize a “summary jurisdiction court” which shall have and exercise criminal jurisdiction, and a “district court” which shall have and exercise civil jurisdiction. the power and jurisdiction of a summary jurisdiction court and a district court shall be such as may from time to time be prescribed by the national assembly by a law made in that behalf. a magistrate shall be appointed by the judicial and legal services commission and shall, subject to any law passed by the national assembly, be a qualified attorney-at-law. a magistrate who is a qualified attorney-at-law shall have security of tenure and, subject to any compulsory retirement age for public officers, may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of mind or body or from any other cause) or for misbehaviour. 94. establishment of supreme court and court of appeal there shall be for belize a supreme court of judicature and court of appeal. 95. the supreme court the supreme court shall have unlimited original jurisdiction to hear and determine any civil or criminal proceedings under any law and such jurisdiction and powers as may be conferred on it by this constitution or any other law: provided that the supreme court shall not have jurisdiction to hear and determine any application made by a person sentenced to death under any law after the expiration of one year from the passing of the sentence. the justices of the supreme court shall be the chief justice and such number of other justices as may from time to time be prescribed by the national assembly: provided that the office of a justice shall not be abolished while there is a substantive holder thereof. the supreme court shall be a superior court of record and, save as otherwise provided by any law, shall have all the powers of such a court. the supreme court shall sit in such places as the chief justice may appoint. 96. referral of certain questions to the supreme court and the caribbean court of justice subject to the provisions of sections 33(2), 34(4), 54(18), 69(6), 80(4) and 123(3) of this constitution, where any question as to the interpretation of this constitution or the interpretation or application of the treaty (as defined in section 131 of this constitution) arises in any court of law established for belize (other than the supreme court or the court of appeal), and the court is of the opinion that the question involves a substantial question of law, the court shall refer the question to the supreme court. where any question is referred to the supreme court in pursuance of this section, the supreme court shall, subject to subsection (3) below, give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if the decision is the subject of an appeal to the court of appeal or the caribbean court of justice, in accordance with the decision of the court of appeal or, as the case may be, the caribbean court of justice. where the supreme court or the court of appeal is seised of an issue the resolution of which involves a question concerning the interpretation or application of the treaty, the supreme court or the court of appeal, as the case may be, shall, if it considers that a decision on the question is necessary to enable it to deliver judgment, refer the question to the caribbean court of justice for determination before delivering judgment. 97. appointment of justices of supreme court the chief justice shall be appointed by the governor-general, acting in accordance with the advice of the prime minister given after consultation with the leader of the opposition. justices of the supreme court other than the chief justice shall be appointed by the governor-general, acting in accordance with the advice of the judicial and legal services commission and with the concurrence of the prime minister given after consultation with the leader of the opposition. a person shall not be qualified to be appointed as a justice of the supreme court unlesshe is qualified to practise as an attorney-at-law in a court in belize or as an advocate in a court in any other part of the commonwealth having unlimited jurisdiction either in civil or criminal causes or matters; and he has been qualified for not less than five years so to practise in such a court. if the office of chief justice is vacant or the chief justice is for any reason including his absence from belize unable to exercise the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be exercised by the justice other than the chief justice, or if there be more than one then by such one of the justices as may for the time being be designated in that behalf by the governor-general, acting in the manner prescribed in subsection (1) of this section. if the office of any justice other than the chief justice is vacant or if any such justice is appointed to act as chief justice or is for any reason unable to perform the functions of his office or if the chief justice advises the governor-general that the state of business in the supreme court so requires, the governor-general, acting in the manner prescribed in subsection (2) of this section, may appoint a person who is qualified to be appointed as a justice of the supreme court to act as a justice of that court: provided that a person may act as a justice notwithstanding that he has attained the age of sixty-five years. any person appointed under subsection (5) of this section to act as a justice shall, subject to the provisions of subsections (4) and (6) of section 98 of this constitution, continue to act for the period of his appointment or, if no such period is specified, until his appointment is revoked by the governor-general: provided that, notwithstanding the expiration of the period of his appointment or the revocation of his appointment, he may thereafter continue to act as a justice for so long as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him previously thereto. 98. tenure of office of justices of supreme court subject to the following provisions of this section, a justice of the supreme court shall hold office until he attains the age of sixty-five years: provided thathe may at any time resign his office; and the governor-generalin the case of the chief justice, acting in accordance with the advice of the prime minister given after consultation with the leader of the opposition; and in the case of a justice of the supreme court other than the chief justice, acting in accordance with the advice of the judicial and legal services commission and with the concurrence of the prime minister given after consultation with the leader of the opposition, may appoint a person over the age of sixty-five years as chief justice of the supreme court, or may permit a justice who attains the age of sixty-five years to continue in office, until, in either case, such person has attained any later age not exceeding seventy-five years. notwithstanding that he has attained the age at which he is required by or under this section to vacate his office, a person holding the office of a justice of the supreme court may continue in office for so long after attaining that age as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age. a justice of the supreme court may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of body or mind or from any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section. a justice of the supreme court may be removed from office if the question of his removal from office for inability to perform the functions of his office or for misbehavior has been referred to the judicial and legal services commission in writing and the judicial and legal services commission, after considering the matter, recommends in writing to the belize advisory council that the question of removal ought to be investigated. for the purpose of investigating the question of the removal of a justice of the supreme court referred to it under subsection (4), the belize advisory council shall:sit as a tribunal in the manner provided in section 54 of this constitution; and enquire into the matter and report on the facts thereof to the governor-general and advise the governor-general whether the justice of the supreme court should be removed from office in accordance with this section. if the question of removing a justice of the supreme court from office has been referred to the belize advisory council under the preceding subsection, the governor-general may suspend the justice from performing the functions of his office, and any such suspension may at any time be revoked by the governor-general and shall in any case cease to have effect if the belize advisory council advises the governor-general that the justice should not be removed from office. if the belize advisory council advises the governor-general that the justice of the supreme court ought to be or not to be removed from office, the governor-general shall not notify the justice in writing accordingly. the power to remove a justice of the supreme court from office for inability to perform the functions of his office or for misbehaviour vest in the governor-general, acting in accordance with this section. 99. oath to be taken by justices of supreme court a justice of the supreme court shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and office. 100. appeals to courts of appeal the court of appeal shall have such jurisdiction and powers to hear and determine appeals in civil and criminal matters as may be conferred on it by this constitution or any other law. the judges of the court of appeal (hereinafter referred to as "justices of appeal") shall be a president and such number of other justices as may be prescribed by the national assembly: provided that the office of justice of appeal shall not be abolished while there is a substantive holder of that office. the court of appeal shall be a superior court of record and, save as otherwise provided by any law, shall have all the powers of such a court. the court of appeal shall sit in such places as the president may appoint. 101. appointment of justices of appeal the justices of appeal shall be appointed by the governor-general, acting in accordance with the advice of the prime minister given after consultation with the leader of the opposition, for such period as may be specified in the instrument of appointment: provided that where no period is specified in an instrument of appointment, such appointment shall be deemed to subsist untilin the case of an instrument of appointment existing at the date of commencement of the belize constitution (sixth amendment) act, 2008 – one year after such commencement; in the case of an instrument of appointment issued after the commencement of the belize constitution (sixth amendment) act, 2008 – one year after the date of issue of such instrument. a person shall not be qualified to be appointed as a justice of appeal unless eitherhe holds or has held office as judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from any such court; or he is qualified to practise as an attorney-at-law in a court in belize or as an advocate in a court in any other part of the commonwealth having unlimited jurisdiction in either civil or criminal causes or matters and has been so qualified for not less than fifteen years. any power exercisable by a single justice of appeal may, at any time when there is no such justice present in belize and able to perform the functions of his office, be exercised by a justice of the supreme court as if that justice were a justice of appeal. if the office of the president is vacant or he is for any reason unable to perform the functions of his office, then until some other person has been appointed to or has been appointed to act in, and has assumed the functions of that office, or until the president has resumed those functions, as the case may be, those functions shall be performed by such one of the other justices of appeal as the governor-general, acting in accordance with the advice of the prime minister given after consultation with the leader of the opposition, may appoint for that purpose. if the office of a justice of appeal other than the president is vacant, or if any such justice is appointed to act as the president, or is for any reason unable to perform the functions of his office, the governor-general, acting in accordance with the advice of the prime minister given after consultation with the leader of the opposition, may appoint a person possessing such legal qualifications and experience as he, after consultation with the president, may deem appropriate to be temporarily a justice of appeal. any person appointed under subsection (5) of this section to be temporarily a justice of appeal shall hold office until his appointment is revoked by the governor-general. 102. tenure of office of justices of appeal subject to the following provisions of this section, the office of a justice of appeal shall become vacant upon the expiration of the period of his appointment to that office or if he resigns his office: provided that where no period is specified in an instrument of appointment, the office of a justice of appeal shall become vacant upon the expiry of the period specified in the proviso to subsection (1) of section 101. a justice of appeal may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section. a justice of the court of appeal may be removed from office if the question of his removal from office for inability to perform the functions of his office or for misbehaviour has been referred to the judicial and legal services commission in writing and the judicial and legal services commission, after considering the matter, recommends in writing to the belize advisory council that the question of removal ought to be investigated. for the purpose of investigating the question of the removal of a justice of the court of appeal referred to it under subsection (3), the belize advisory council shall:sit as a tribunal in the manner provided in section 54 of this constitution; and enquire into the matter and report on the facts thereof to the governor-general and advise the governor-general whether the justice of the court of appeal should be removed from office in accordance with this section. if the question of removing a justice of appeal from office has been referred to the belize advisory council under the preceding subsection, the governor-general may suspend the justice from performing the functions of his office, and any such suspension may at any time be revoked by the governor-general and shall in any case cease to have effect if the belize advisory council advises the governor-general that the justice should not be removed from office. if the belize advisory council advises the governor-general that the justice of the court of appeal ought to be or not to be removed from office, the governor-general shall notify the justice in writing accordingly. the power to remove a justice of the court of appeal from office for inability to perform the functions of his office or for misbehaviour vest in the governor-general, acting in accordance with this section. 103. oath to be taken by justices of appeal a justice of appeal shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and office. 104. appeals to the caribbean court of justice an appeal shall lie from final decisions of the court of appeal to the caribbean court of justice as of right in the following casesin civil proceedings where the matter in dispute on appeal to the caribbean court of justice is of the value of not less than $18,250 (or such other amount as may be prescribed by the national assembly), or where the appeal involves directly or indirectly a claim or a question respecting property or a right of the aforesaid value; in proceedings for the dissolution or nullification of marriage; in any civil or criminal proceedings which involve a question as to the interpretation of this constitution; in respect of a matter where this constitution expressly provides for an appeal from the decision of the court of appeal; in any proceedings that are concerned with the exercise of the jurisdiction conferred upon the supreme court relating to redress for the contravention of the provisions of this constitution for the protection of fundamental rights; and in respect of any other matter as may be prescribed by law. an appeal shall lie to the caribbean court of justice with leave of the court of appeal from decisions of the court of appeal in the following casesfinal decisions in any civil proceedings where, in the opinion of the court of appeal, the question involved in the appeal is one that by reason of its general or public importance or otherwise, ought to be submitted to the caribbean court of justice; and such other cases as may be prescribed by the national assembly. subject to subsections (1) and (2), an appeal shall lie to the caribbean court of justice with the special leave of that court from any decision of the court of appeal in any civil or criminal matter. nothing in this section shall apply to matters in relation to which the decision of the court of appeal was, at the time of the commencement of the belize constitution (seventh amendment) act, 2010, declared to be final by any law. the caribbean court of justice shall, in relation to any appeal to it in any case, have all the jurisdiction and powers possessed in relation to the case by the court of appeal. in the exercise of its appellate jurisdiction, the caribbean court of justice is a superior court of record for belize, with such jurisdiction and powers as are conferred on it by the agreement or by this constitution or any other law. the provisions of this section shall not affect any proceedings pending before the judicial committee of the privy council immediately before the commencement of the belize constitution (seventh amendment) act, 2010. for the purposes of this section, proceedings shall be treated as pending where leave to appeal to the judicial committee of the privy council has been granted. any judgment of the judicial committee of the privy council which at the date of commencement of the belize constitution (seventh amendment) act, 2010 has been given, but has not been satisfied, may be enforced after the said commencement as if it had been a judgment of the caribbean court of justice. subject to the foregoing provisions of this section, the jurisdiction of her majesty in council to hear appeals, applications and petitions from belize is hereby abolished and all references to “her majesty in council” or the “privy council” or the “judicial committee of the privy council” wherever occurring in this constitution or in any other law, rule, regulation, order or instrument having effect as part of the law of belize, shall be read and construed as references to the caribbean court of justice. if at any time after 1st day of june, 2010, the caribbean court of justice ceases to exist or ceases to exercise its appellate jurisdiction, this section will automatically cease to apply and it will be open to the national assembly to establish by law a final court of appeal for belize, or to declare any other regional appellate tribunal to be the final court of appeal for belize. part viii sub-part i. the public services commission 105. public services commission there shall be established for belize a public services commission which shall consist of a chairman and five other members. the chairman and other members of the commission shall be appointed by the governor-general, acting in accordance with the advice of the prime minister given after consultation with the leader of the opposition. no person shall be qualified to be appointed as a member of the commission if he is a member of the national assembly or, save in respect of the ex officio members, if he holds or is acting in any public office. a person shall not, while he holds or is acting in the office of a member of the commission or within a period of two years commencing from the date on which he last held or acted in that office, be eligible for appointment to any public office. subject to the provisions of this section, the office of a member of the commission shall become vacantat the expiration of three years from the date of his appointment or such earlier time, being not less than two years, as may be specified in the instrument by which he was appointed; or if any circumstances arise that, if he were not a member of the commission, would cause him to be disqualified for appointment as such. a member of the commission may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of mind or body or from any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section. a member of the commission shall be removed from office by the governor-general if the question of the removal of that member from office has been referred to the belize advisory council in accordance with the next following subsection and the belize advisory council has advised the governor-general that that member ought to be removed from office for inability as aforesaid or for misbehaviour. if the prime minister represents to the governor-general that the question of removing a member of the commission under this section ought to be investigated, thenthe governor-general shall refer the matter to the belize advisory council which shall sit as a tribunal in the manner provided in section 54 of this constitution; and the belize advisory council shall enquire into the matter and report on the facts thereof to the governor-general and advise the governor-general whether that member of the commission should be removed under this section. if the question of removing a member of the commission from office has been referred to the belize advisory council under the preceding subsection, the governor-general may suspend the member from performing the functions of his office, and any such suspension may at any time be revoked by the governor-general and shall in any case cease to have effect if the belize advisory council advises the governor-general that the member should not be removed from office. if the office of a member of the commission is vacant or a member is for any reason unable to perform the functions of his office, the governor-general may appoint a person who is qualified for appointment as a member of the commission to act as a member of the commission, and any person so appointed shall, subject to the provisions of subsections (6), (7), (8) and (9) of this section, continue to act until he is notified by the governor-general that the circumstances giving rise to the appointment have ceased to exist. a member of the commission shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and office. the commission shall, in the exercise of its functions under this constitution, not be subject to the direction or control of any other person or authority. the commission may by regulation make provision for regulating and facilitating the performance of its functions under this constitution. subject to the provisions of this section, the commission may regulate its own procedure. any decision of the commission shall require the concurrence of a majority of all the members thereof and, subject to its rules of procedure, the commission may act not withstanding the absence of any member other than the chairman: provided that in any matter before the commission, where the votes are equally divided, the chairman shall have a casting vote in addition to his original vote. 106. appointment, etc., of public officers the power to appoint persons to hold or act in offices in the public service, other than the offices in the judicial and legal services and the security services, including the power to transfer or confirm appointments, and, subject to the provisions of section 111 of this constitution, the power to exercise disciplinary control over such persons and the power to remove such persons from office, shall vest in the public services commission established in accordance with section 105(1) of this constitution. repealed. subject to the provisions of this constitution, the governor-general, acting in accordance with the advice of the minister or ministers responsible for the public service given after consultation with the recognised representatives of the employees or other persons or groups within the public service as may be considered appropriate, may make regulations on any matter relating tothe formulation of schemes for recruitment to the public service; the determination of a code of conduct for public officers; the fixing of salaries and privileges; the principles governing the promotion and transfer of public officers; measures to ensure discipline, and to govern the dismissal and retirement of public officers, including the procedures to be followed; the procedure for delegation of authority by and to public officers; and generally for the management and control of the public service. the public services commission shall, in the exercise of its functions under this section, be governed by regulations made under subsection (3) of this section. the public services commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its powers under subsection (1) of this section to any one or more members of the commission or, with the consent of the prime minister, to any public officer. the provisions of subsection (1) of this section shall not apply in relation to the following offices, that is to sayany office to which section 107 of this constitution applies; the offices of justice of the supreme court and justice of appeal; the office of auditor-general; the office of director of public prosecutions; or any office to which section 110b of this constitution applies. no person shall be appointed under this section to or to act in any office on the governor-general's personal staff except with the concurrence of the governor-general, acting in his own deliberate judgment. repealed. 107. appointment, etc., of chief executive officers and certain other officers this section applies to the offices of solicitor general, secretary to the cabinet, financial secretary, chief executive officer, commissioner of police, commandant, belize defence force, commandant, belize national coast guard service, superintendent of prisons, ambassador, high commissioner or principal representative of belize in any other country or accredited to any international organisation, and, subject to the provisions of this constitution, any other office designated by the governor-general, acting in accordance with the advice of the prime minister given after consultation with the public services commission. the power to appoint persons to hold or to act in offices to which this section applies (including the power to transfer or to confirm appointments) and, subject to the provisions of section 111 of this constitution, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the governor-general, acting in accordance with the advice of the prime minister. 108. director of public prosecutions the director of public prosecutions shall be appointed by the governor-general, acting in accordance with the advice of the judicial and legal services commission and with the concurrence of the prime minister given after consultation with the leader of the opposition. a person shall not be qualified for appointment to hold or act in the office of director of public prosecutions unless he is qualified to be appointed as a justice of the supreme court. if the office of director of public prosecutions is vacant or if the holder of that office is for any reason unable to exercise the functions of his office, the governor-general, acting in accordance with the advice of the judicial and legal services commission and with the concurrence of the prime minister given after consultation with the leader of the opposition, may appoint a person to act as director. a person appointed to act in the office of director of public prosecutions shall, subject to the provisions of subsections (5), (7), (8) and (9) of this section, cease so to actwhen a person is appointed to hold that office and has assumed the functions thereof or, as the case may be, when the person in whose place he is acting resumes the functions of that office; or at such earlier time as may be prescribed by the terms of his appointment. subject to the provisions of subsection (6) of this section, the director of public prosecutions shall vacate his office when he attains the age of sixty years or such other age as may be prescribed by the national assembly: provided that any law enacted by the national assembly, to the extent to which it alters the prescribed age after a person has been appointed to be or to act as director of public prosecutions, shall not have effect in relation to that person unless he consents that it should have effect. the director of public prosecutions may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of mind or body or from any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section. the director of public prosecutions shall be removed from office by the governor-general if the question of his removal from office has been referred to the belize advisory council in accordance with the next following subsection and the belize advisory council has advised the governor-general that he ought to be removed from office for inability as aforesaid or for misbehaviour. if the prime minister represents to the governor-general that the question of removing the director of public prosecutions under this section ought to be investigated, thenthe governor-general shall refer the matter to the belize advisory council which shall sit as a tribunal in the manner provided in section 54 of this constitution; and the belize advisory council shall enquire into the matter and report on the facts thereof to the governor-general and advise the governor-general whether he should be removed under this section. if the question of removing the director of public prosecutions from office has been referred to the belize advisory council under the preceding subsection, the governor-general may suspend him from performing the functions of his office, and any such suspension may at any time be revoked by the governor-general and shall in any case cease to have effect if the belize advisory council advises the governor-general that he should not be removed from office. 109. auditor-general with effect from the 15th day of january, 2002, the auditor-general shall be appointed by the governor-general, acting on the recommendations of both houses of the national assembly contained in resolutions passed in that behalf. if, after the 15th day of january, 2002, the office of auditor-general is vacant or if the holder of that office is for any reason unable to exercise the functions of his office, the governor-general, acting on the recommendations of both houses of national assembly contained in resolutions passed in that behalf, may appoint a person to act as auditor-general. a person appointed to act in the office of auditor-general shall, subject to the provisions of subsections (4), (6), (7) and (8) of this section, cease so to actafter a person is appointed to hold that office and has assumed the functions thereof or, as the case may be, when the person in whose place he is acting resumes the functions of that office; or at such earlier time as may be prescribed by the terms of his appointment. subject to the provisions of subsection (5) of this section, the auditor-general shall vacate his office when he attains the age of sixty years or such other age as may be prescribed by the national assembly: provided that any law enacted by the national assembly, to the extent to which it alters the prescribed age after a person has been appointed to be or to act as auditor-general, shall not have effect in relation to that person unless he consents that it should have effect. the auditor-general may be removed from office in accordance with the provisions of this section only for inability or failure to perform the functions of his office (howsoever arising) or for misbehavior; and for the purpose of this section, any failure or undue delay by the auditor-general to submit a report as required by section 120 shall be treated as a failure to perform the functions of his office. the auditor-general shall be removed from office by the governor-general if the question of his removal from office has been referred to the belize advisory council in accordance with the next following subsection and the belize advisory council has advised the governor-general that he ought to be removed from office for inability as aforesaid or for misbehaviour. if the prime minister represents to the governor-general that the question of removing the auditor-general under this section ought to be investigated, thenthe governor-general shall refer the matter to the belize advisory council which shall sit as a tribunal in the manner provided in section 54 of this constitution; and the belize advisory council shall enquire into the matter and report on the facts thereof to the governor-general and advise the governor-general whether he should be removed under this section. if the question of removing the auditor-general from office has been referred to the belize advisory council under the preceding subsection, the governor-general may suspend him from performing the functions of his office, and any such suspension may at any time be revoked by the governor-general and shall in any case cease to have effect if the belize advisory council advises the governor-general that he should not be removed from office. repealed. repealed. 110b. appointment, etc., of junior officers of prison service the power to appoint persons to hold or act in any office in the prison service (including power to confirm appointments) below the rank of principal officer, and to transfer or exercise disciplinary control over persons holding or acting in such offices and to remove such persons from office, shall vest in the superintendent of prisons. the superintendent of prisons may, subject to such conditions as he thinks fit, delegate any of his powers under this section, by directions in writing, to any other senior officer of the prison service. sub-part ii. the security services commission 110c. security services commission there shall be established for belize a security services commission. the members of the security services commission shall be appointed by the governor-general, on the recommendation of the prime minister given after consultation with the leader of the opposition, and shall consist ofthe chairman of the public services commission, who shall be a member and chairman; a former senior officer of the belize police department; a former senior officer of the belize defence force; one person nominated by the leader of the opposition; one person from the private sector. 110d. appointment of police officers, members of the belize defence force, etc subject to the provisions of this section, the power to appoint persons to hold or act in offices in the security services, including the power to make appointments, and to deal with all matters relating to the conditions of service of such officers and, subject to the provisions of section 111 of this constitution, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons shall vest in the security services commission established under section 110c of this constitution. in this section "security services" means service in the belize police department, the belize national coast guard service, and in the military service as defined in subsection (3) of this section: provided that the provisions of this part shall not apply to the commissioner of police, the commander, belize defence force or the commandant, belize national coast guard service. for the purposes of this section, "military service" means service in the belize defence force or in any other military, naval or air force established for belize. subject to this sub-part, any officer holding or acting in an office in the security services immediately before the commencement of this section shall continue to hold or act in that office and to be subject to the same terms and conditions of services as obtained immediately prior to the commencement of this section. the security services commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its powers under subsection (1) of this section to any one or more members of the security services commission or, with the consent of the prime minister, to the commissioner of police or the commandant, belize defence force or the commandant, belize national coast guard service. the security services commission may, in accordance with subsection (5), authorise the commissioner of police to subdelegate the powers delegated to him under that subsection to a member of the belize police department of the rank of inspector and above, in respect of matters affecting members of the belize police department of the rank of assistant inspector and below. the security services commission may, in accordance with subsection (5), authorisethe commander, belize defence force, to sub-delegate the powers delegated to him under that subsection to a member of the belize defence force of the rank of captain and above, in respect of matters affecting members of the belize defence force of the rank of lieutenant and below; the commandant, belize national coast guard service, to sub-delegate the powers delegated to him under that subsection to a member of the belize national coast guard service of the rank of lieutenant and above, in respect of matters affecting members of the belize national coast guard service of the rank of chief petty officer and below. subsection (3) to (15) of section 110e of this constitution shall apply, with such modifications as may be necessary, to members of the security services commission. sub-part iii. the judicial and legal services commission 110e. judicial and legal services commission there shall be established for belize a judicial and legal services commission. the members of the judicial and legal services commission shall be appointed by the governor-general and shall consist of:the chief justice, who shall be a member and chairman; the chairman of the public services commission; the solicitor general; and the president of the bar association of belize. subject to subsection (2), no person shall be qualified to be appointed as a member of the judicial and legal services commission if he is a member of the national assembly, or if he holds or is acting in any public office. subject to subsection (2), a person shall not, while he holds or is acting in the office of a member of the judicial and legal services commission or within a period of two years commencing from the date on which he last held or acted in that office, be eligible for appointment to any public office. subject to the provisions of this section, the office of a member of the judicial and legal services commission shall become vacant:at the expiration of three years from the date of his appointment or such earlier time, being not less than one year, as may be specified in the instrument by which he was appointed; or if any circumstances arise that, if he were not a member of the judicial and legal services commission, would cause him to be disqualified for appointment as such. a member of the judicial and legal services commission may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of mind or body or from any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section. a member of the judicial and legal services commission shall be removed from office by the governor-general if the question of the removal of that member from office has been referred to the belize advisory council in accordance with the next following subsection and the belize advisory council has advised the governor-general that that member ought to be removed from office for inability as aforesaid or for misbehaviour. if the prime minister represents to the governor-general that the question of removing a member of the judicial and legal services commission under this section ought to be investigated, thenthe governor-general shall refer the matter to the belize advisory council which shall sit as a tribunal in the manner provided in section 54 of this constitution; and the belize advisory council shall enquire into the matter and report on the facts thereof to the governor-general whether that member of the judicial and legal services commission should be removed under this section. if the question of removing a member of the judicial and legal services commission from office has been referred to the belize advisory council under the preceding subsection, the governor-general may suspend the member from performing the functions of his office, and any such suspension may at any time be revoked by the governor-general and shall in any case cease to have effect if the belize advisory council advises the governor-general that the member should not be removed from office. if the office of a member of the judicial and legal services commission is vacant or a member is for any reason unable to perform the functions of his office, the governor-general may appoint a person who is qualified for appointment as a member of that commission to act as a member of the commission, and any person so appointed shall, subject to the provisions of subsections (6), (7), (8) and (9) of this section, continue to act until he is notified by the governor-general that the circumstances giving rise to the appointment have ceased to exist. a member of the judicial and legal services commission shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and office. the judicial and legal services commission shall, in the exercise of its functions under this constitution, not be subject to the direction or control of any other person or authority. the judicial and legal services commission may by regulations make provision for regulating and facilitating the performance of its functions under this constitution. subject to the provisions of this section, the judicial and legal services commission may regulate its own procedure. any decision of the judicial and legal services commission shall require the concurrence of a majority of all the members thereof and, subject to its rules of procedure, the judicial and legal services commission may act notwithstanding the absence of any member other than the chairman: provided that in any matter before the judicial and legal services commission, where the votes are equally divided, the chairman shall have a casting vote in addition to his original vote. 110f. appointment of judicial and legal officers, etc subject to the provisions of this section, the power to review the suitability of applicants, and to appoint persons to hold or act in offices in the judicial and legal services, including the power to make appointments, promotions, transfers, to confirm appointments, and to deal with all matters relating to the conditions of service of such judicial and legal officers and, subject to the provisions of section 111 of this constitution, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the judicial and legal services commission established under section 110e of this constitution. in this section, "judicial and legal services" means service as registrar general, deputy registrar general, registrar, deputy registrar and assistant registrar of the supreme court, registrar and deputy registrar of the court of appeal, chief magistrate, magistrate, legal draftsman, law revision counsel, parliamentary counsel, senior crown counsel, crown counsel, registrar and deputy registrar of intellectual property, assistant registrar, companies and corporate affairs registry, and such other posts requiring a legal qualification as the governor-general, acting in accordance with the advice of the prime minister, may from time to time by order published in the gazette, prescribe. any officer holding or acting in an office in the judicial and legal services immediately before the commencement of this section shall continue to hold or act in that office and to be subject to the same terms and conditions of service as obtained immediately prior to the commencement of this section. the judicial and legal services commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its powers under subsection (1) of this section to any one or more members of the judicial and legal services commission or, with the consent of the prime minister, to any public officer who is a judicial or legal officer. sub-part iv. appeals in discipline cases 111. appeals in discipline cases this section applies toany decision of the governor-general, acting in accordance with the advice of the prime minister or the public services commission or the judicial and legal services commission or the security services commission, as the case may be, in relation to the public service, judicial and legal service or security service, or any decision of the public services commission or the judicial and legal services commission or the security services commission to remove a public officer from office or to exercise disciplinary control over a public officer (including a decision made on appeal from or confirming a decision of any person to whom powers are delegated under section 110f(4) or section 106(5) or section 110d(5) of this constitution); any decision of any person to whom powers are delegated under section 110f(4) or section 106(5) or section 110d(5) of this constitution to remove a public officer from office or to exercise disciplinary control over a public officer (not being a decision which is subject to appeal to or confirmation by the judicial and legal services commission or the public services commission or the security services commission). repealed if it is so provided by the national assembly, any decision of the superintendent of prisons under subsection (1) of section 110b of this constitution, or of a person to whom powers are delegated under subsection (2) of that section, to remove an officer in the prison service from office or to exercise disciplinary control over such officer. subject to the provisions of this section, an appeal shall lie to the belize advisory council from any decision to which this section applies at the instance of the public officer in respect of whom the decision is made. upon an appeal under this section the belize advisory council may affirm or set aside the decision appealed against or may make any other decision which the authority or person from whom the appeal lies could have made. subject to the provisions of section 54 of this constitution, the belize advisory council may by regulation make provision forthe procedure in appeals under this section; or excepting from the provisions of subsection (2) of this section decisions in respect of public officers holding offices whose emoluments do not exceed such sum as may be prescribed by the regulations or such decisions to exercise disciplinary control, other than decisions to remove from office, as may be prescribed. regulations made under this section may, with the consent of the prime minister, confer powers or impose duties on any public officer or any authority of the government for the purpose of the exercise of the functions of the belize advisory council. in this section, "public officer" includes any person holding or acting in an office in the military service as defined in section 110d(3) of this constitution. sub-part v. pension laws and pension rights of public officers 112. pension laws and protection of pension rights the law to be applied with respect to any pensions benefits that were granted to any person before independence day shall be the law that was in force at the date on which those benefits were granted or any law in force at a later date that is not less favourable to that person. the law to be applied with respect to any pensions benefits (not being benefits to which subsection (1) of this section applies) shallin so far as those benefits are wholly in respect of a period of service as a public officer that commenced before independence day, be the law that was in force immediately before that date; and in so far as those benefits are wholly or partly in respect of a period of service as a public officer that commenced after independence day, be the law in force on the date on which that period of service commenced, or any law in force at a later date not less favourable to that person. where a person is entitled to exercise an option as to which of two or more laws shall apply in his case, the law for which he opts shall, for the purposes of this section, be deemed to be more favourable to him than the other law or laws. all pensions benefits shall (except to the extent to which, in the case of benefits under the widows' and orphans' pensions act or under any law amending or replacing that act, they are a charge on a fund established by that act or by any such law and have been duly paid out of that fund to the person or authority to whom payment is due) be a charge on the general revenues of belize. in this section, "pensions benefits" means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as public officers or for the widows, children, dependents or personal representatives of such persons in respect of such service. references in this section to the law with respect to pensions benefits include (without prejudice to their generality) references to the law regulating the circumstances in which such benefits may be granted or in which the grant of such benefits may be refused, the law regulating the circumstances in which any such benefits that have been granted may be withheld, reduced in amount or suspended and the law regulating the amount of any such benefits. 113. grant withholding of pensions, etc the power to grant any award under any pensions law for the time being in force in belize (other than an award to which, under that law, the person to whom it is payable is entitled as of right) and, in accordance with any provisions in that behalf contained in any such law, to withhold, reduce in amount or suspend any award payable under any such law, shall vest in the governor-general. the power vested in the governor-general by the preceding subsection shall be exercised by himin the case of officers to whom section 107 of this constitution applies, acting in accordance with the advice of the prime minister; in the case of public officers in the judicial and legal services to whom section 110f(1) of this constitution applies, acting in accordance with the advice of the judicial and legal services commission; in the case of public officers in the security services to whom section 110d of this constitution applies, acting in accordance with the advice of the security services commission; in the case of all other officers, acting in accordance with the advice of the public services commission. in this section, "pensions law" means any law relating to the grant to any person, or to the widow, children, dependents or personal representatives of that person, of an award in respect of the services of that person in a public office, and includes any instrument made under any such law. part ix. finance 114. establishment of consolidated revenue fund all revenues or other moneys raised or received by belize (not being revenues or other moneys payable under this constitution or any other law into some other public fund established for a specific purpose) shall be paid into and form one consolidated revenue fund. no moneys shall be withdrawn from the consolidated revenue fund except to meet expenditure that is charged upon the fund by this constitution or any other law enacted by the national assembly or where the issue of those moneys has been authorised by an appropriation law or by a law made in pursuance of section 116 of this constitution. no moneys shall be withdrawn from any public fund other than the consolidated revenue fund unless the issue of those moneys has been authorised by a law enacted by the national assembly. no moneys shall be withdrawn from the consolidated revenue fund or any other public fund except in the manner prescribed by law. 115. authorisation of expenditure from consolidated revenue fund the minister responsible for finance shall prepare and lay before the house of representatives in each financial year estimates of the revenues and expenditures of belize for the next following financial year. the heads of expenditure contained in the estimates (other than expenditure charged upon the consolidated revenue fund by this constitution or any other law) shall be included in a bill, to be known as an appropriation bill, providing for the issue from the consolidated revenue fund of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified therein. if in respect of any financial year it is foundthat the amount appropriated by the appropriation law for any purpose is insufficient or that a need has arisen for expenditure for a purpose for which no amount has been appropriated by that law; or that any moneys have been expended for any purpose in excess of the amount appropriated for the purpose by the appropriation law or for a purpose for which no amount has been appropriated by that law, a supplementary estimate showing the sums required or spent shall be laid before the house of representatives and the heads of any such expenditure shall be included in a supplementary appropriation bill. 116. authorisation of expenditure in advance of appropriation any law enacted by the national assembly may make provision under which, if the appropriation law in respect of any financial year has not come into operation by the beginning of that financial year, the minister responsible for finance may authorise the withdrawal of moneys from the consolidated revenue fund for the purpose of meeting expenditure necessary to carry on the services of the government until the expiration of four months from the beginning of that financial year or the coming into operation of the appropriation law, whichever is the earlier. 117. contingencies fund any law enacted by the national assembly may provide for the establishment of a contingencies fund and for authorising the minister responsible for finance, if satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from the fund to meet that need. where any advance is made in accordance with subsection (1) of this section, a supplementary estimate shall be presented and a supplementary appropriation bill shall be introduced as soon as possible for the purpose of replacing the amount so advanced. 118. remuneration of certain officers there shall be paid to the holders of the offices to which this section applies such salaries and such allowances as may be prescribed by or under a law enacted by the national assembly. the salaries and allowances prescribed in pursuance of this section in respect of the holders of the offices to which this section applies shall be a charge on the consolidated revenue fund. the salary prescribed in pursuance of this section in respect of the holder of any office to which this section applies and his other terms of service (other than allowances that are not taken into account in computing, under any law in that behalf, any pension payable in respect of his service in that office) shall not be altered to his disadvantage after his appointment. when a person's salary or other terms of service depend upon his option, the salary or terms for which he opts shall, for the purposes of subsection (3) of this section, be deemed to be more advantageous to him than any others for which he might have opted. this section applies to the offices of the governor-general, the chief justice, justice of the court of appeal, justice of the supreme court, member of the belize advisory council, member of the judicial and legal services commission or the security services commission or the public services commission, member of the elections and boundaries commission, the director of public prosecutions, members of the integrity commission, the ombudsman, the contractor general and the auditor-general. the budgets presented by the offices of the auditor general, the ombudsman, the contractor general, the elections and boundaries commission, the integrity commission, the director of public prosecutions, the supreme court and the court of appeal shall be given first priority calls on the consolidated revenue fund. nothing in this section shall be construed as prejudicing the provisions of section 112 of this constitution. 119. public debt there shall be charged on the consolidated revenue fund all debt charges for which belize is liable. for the purposes of this section debt charges include interest, sinking fund charges, the repayment or amortization of debt, and all expenditure in connection with the raising of loans on the security of the consolidated revenue fund and the service and redemption of debt created thereby. 120. audit of public accounts, etc there shall be an auditor-general whose office shall be a public office. the auditor-general shallsatisfy himself that all moneys that have been appropriated by the national assembly and disbursed have been applied to the purposes to which they were so appropriated and that the expenditure conforms to the authority that governs it; and at least once in every year audit and report on the public accounts of belize, the accounts of all officers and authorities of the government, the accounts of all courts of law in belize, the accounts of the belize advisory council and every commission established by this constitution and the accounts of the clerk to the national assembly. the auditor-general and any officer authorised by him shall have access to all books, records, returns, reports and other documents which in his opinion relate to any of the accounts referred to in subsection (2) of this section. the auditor-general shall submit every report made by him in pursuance of subsection (2) of this section to the minister responsible for finance who shall, not later than seven days after the house of representatives first meets after he has received the report, lay it before the house. the auditor general shall forthwith notify the clerk, national assembly, of the date on which he submitted the report to the minister. if the minister fails to lay a report before the house in accordance with the provisions of subsection (4) of this section, the clerk, national assembly, shall forthwith inform the auditor-general who shall promptly transmit copies of that report directly to the clerk, and the clerk shall, as soon as practicable, lay the report on the table of the house of representatives and the senate. the auditor-general shall exercise such other functions in relation to the accounts of the government or the accounts of other authorities or bodies established by law for public purposes as may be prescribed by or under any law enacted by the national assembly. in the exercise of his functions under subsections (2), (3), (4) and (5) of this section, the auditor-general shall not be subject to the direction or control of any other person or authority. where the auditor general fails to submit a report to the national assembly in accordance with subsection (5) of this section, he may be required to appear before the senate to answer to his failure to comply with the requirements of this section. the senate may, where it considers it appropriate having regard to all the circumstances of the case, extend the period of time within which the auditor general shall submit his report. where the auditor general fails to submit a report within the prescribed time or extended time as the case may besuch failure may be deemed a failure by the auditor general in the due performance of the duties of his office, for the purpose of removal from office pursuant to section 109 (5); and the senate shall forward a report on the matter to the prime minister with such recommendations as the senate may consider fit. part x. miscellaneous 121. code of conduct the persons to whom this section applies shall conduct themselves in such a way as notto place themselves in positions in which they have or could have a conflict of interest; to compromise the fair exercise of their public or official functions and duties; to use their office for private gain; to demean their office or position; to allow their integrity to be called into question; or to endanger or diminish respect for, or confidence in, the integrity of the government. this section applies to the governor-general, members of the national assembly, members of the belize advisory council, members of the judicial and legal services commission, the security services commission or the public services commission, members of the elections and boundaries commission, public officers of statutory corporations and government agencies, and such other officers as may be prescribed by law enacted by the national assembly. 122. national symbols the national symbols of belize shall be those prescribed by the national assembly. 123. powers of appointment and acting appointments any reference in this constitution to power to make appointments to any public office shall be construed as including a reference to the power to make appointments on promotion and transfer to that office and to the power to appoint a person to act in that office during any period during which it is vacant or the holder thereof is unable to perform the functions of that office. in this constitution, unless the context otherwise requires, a reference to the holder of an office by the term designating his office shall be construed as including a reference to any person who is for the time being lawfully acting in or performing the functions of that office. where by this constitution any person is directed, or power is conferred on any person or authority to appoint a person, to act in or otherwise to perform the functions of an office if the holder thereof is unable to perform the functions of that office, the validity of any performance of those functions by the person so directed or of any appointment made in exercise of that power shall not be called in question in any court of law on the ground that the holder of the office is not unable to perform the functions of the office. where by this constitution the governor-general is required to appoint a person to act in, or otherwise to perform the functions of, an office established by this constitution or a public office, either acting in his own deliberate judgment or on the advice of any person, such power of appointment shall not be exercised after the national assembly has been dissolved in accordance with section 84 of this constitution prior to a general election of members of the house of representatives. 124. reappointments and concurrent appointments where any person has vacated any office established by this constitution, he may, if qualified, again be appointed or elected to hold that office in accordance with the provisions of this constitution. whenever the holder of any office constituted by or under this constitution, or any public office otherwise constituted, is on leave of absence pending relinquishment of his officeanother person may be appointed to that office; and that person shall, for the purpose of any function of that office, be deemed to be the sole holder of that office. 125. removal from office references in this constitution to the power to remove a public officer from his office shall be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service and to any power or right to terminate a contract on which a person is employed as a public officer and to determine whether any such contract shall or shall not be renewed: provided that nothing in this subsection shall be construed as conferring on any person or authority power to require any justice of the supreme court or justice of appeal, the director of public prosecutions, or the auditor-general to retire from the public service. any provision of this constitution that vests in any person or authority power to remove any public officer from his office shall be without prejudice to the power of any person or authority to abolish any office or to any law providing for the compulsory retirement of public officers generally or any class of public officer on attaining an age specified therein. 126. resignations a senator or a member of the house of representatives may resign his seat by writing under his hand addressed to the president or the speaker, as the case may be, and the resignation shall take effect, and the seat shall accordingly become vacant, when the writing is received, as the case may be, bythe president or speaker; if the office of president or speaker is vacant or the president or speaker is for any reason unable to perform the functions of his office and no other person is performing them, the vice-president or deputy speaker; or if the office of vice-president or deputy speaker is vacant or the vice-president or deputy speaker is for any reason unable to perform the functions of his office and no other person is performing them, the clerk to the national assembly. the president or the vice-president or the speaker or the deputy speaker may resign his office by writing under his hand addressed to the senate or the house, as the case may be, and the resignation shall take effect, and the office shall accordingly become vacant, when the writing is received by the clerk to the national assembly. any person who has been appointed to an office established by this constitution (other than an office to which subsection (1) or (2) of this section applies) or any office of minister established under this constitution may resign that office by writing under his hand addressed to the person or authority by whom he was appointed and the resignation shall take effect, and the office shall accordingly become vacantat such time or on such date (if any) as may be specified in the writing; or when the writing is received by the person or authority to whom it is addressed or by such other person as may be authorised to receive it, whichever is the later: provided that the resignation may be withdrawn before it takes effect if the person or authority to whom the resignation is addressed consents to its withdrawal. 127. saving of jurisdiction of courts no provision of this constitution that any person or authority shall not be subject to the direction or control of any other person or authority in the exercise of any functions under this constitution shall be construed as precluding a court of law from exercising jurisdiction in relation to any question whether that person or authority has performed those functions in accordance with this constitution or any other law or should not perform those functions. 128. power to amend and revoke instruments, etc where any power is conferred by this constitution to make any proclamation, regulation, order or rule, or to give any direction or instructions, the power shall be construed as including the power, exercisable in like manner, to amend or revoke any such proclamation, regulation, order, rule, direction or instructions. 129. consultation where any person or authority is directed by this constitution to exercise any function after consultation with any other person or authority, that person or authority shall not be obliged to exercise that function in accordance with the advice of that other person or authority. where any person or authority is directed by this constitution or any other law to consult any other person or authority before taking any decision or action, that other person or authority must be given a genuine opportunity to present his or its views before the decision or action, as the case may be, is taken. 130. national seal there shall be a national seal bearing on it such device as the national assembly shall approve by resolution. 131. interpretation in this constitution, unless the context otherwise requires"agreement" means the agreement establishing the caribbean court of justice, signed at bridgetown, barbados, on the 14th day of february 2001; "belize" means the land and sea areas defined in schedule 1 to this constitution; "caribbean court of justice" means the court established by the agreement; "commonwealth citizen" has such meaning as the national assembly may prescribe; "court of appeal" means the court of appeal established by this constitution; "crown" means the crown in right of belize; "financial year" means the twelve months ending on 31st march in any year or on such other date as may from time to time be prescribed by any law enacted by the national assembly; "the gazette" means the belize government gazette and includes any supplement thereto; "the government" means the government of belize; "the house" means the house of representatives or the senate as the context may require; "the house of representatives" means the house of representatives established by this constitution; "independence day" means 21st september, 1981; "law" means any law in force in belize or any part thereof, including any instrument having the force of law and any unwritten rule of law, and "lawful" and "lawfully" shall be construed accordingly; "minister" means a minister of government; "the national assembly" means the national assembly established by this constitution; "oath" includes affirmation; "oath of allegiance and office" means the oath prescribed in schedule 3 to this constitution; "police department" means the belize police department; "president" and "vice-president" mean the respective persons holding office as president and vice-president of the senate; "public office" means any office of emolument in the public service; "public officer" means a person holding or acting in any public office; "the public service" means, subject to the provisions of this section, the service of the crown in a civil capacity in respect of the government; "senate" means the senate established by this constitution; "session" means, in relation to a house of the national assembly, the sittings of that house commencing when it first meets after the prorogation or dissolution of the national assembly at any time and terminating when the national assembly is prorogued or is dissolved without having been prorogued; "sitting" means, in relation to a house of the national assembly, a period during which that house is sitting continuously without adjournment and includes any period during which the house is in committee; "speaker" and "deputy speaker" mean the respective persons holding office as speaker and deputy speaker of the house of representatives; "supreme court" means the supreme court of judicature established by this constitution. “treaty” means the revised treaty of chaguaramas establishing the caribbean community including the caricom single market and economy that was signed in the bahamas on the 5th day of july, 2001. except in sections 63(1) and 71 of this constitution, references in this constitution to a member or members of the house of representatives or to a senator or senators do not include references to a person who, under section 56(2), is a member of the house by virtue of holding the office of speaker, or who, under section 61(2), is a senator by virtue of holding the office of president. in this constitution, unless the context otherwise requires, references to an office in the public service shall be construed as including references to the offices of justice of the supreme court and justice of appeal, offices of members of the police department, and offices on the governor-general's personal staff. in this constitution, unless the context otherwise requires, references to an office in the public service shall not be construed as including references to the office of prime minister or other minister of state, speaker or deputy speaker or member of the house of representatives, president or vice-president or senator, member of the belize advisory council, or member of any commission established by this constitution or the clerk, deputy clerk or staff of the national assembly. in this constitution or in any other act, ordinance, rule, regulation, order or other instrument having effect as part of the laws of belize, a referenceto "the police force" or to "the force" shall be substituted by the words "the police department" or "the department", as the case may be; to "the permanent secretary" shall be substituted by the words "the chief executive officer"; to the "judicial and legal services section of the public services commission" shall be substituted by the words "the judicial and legal services commission". for the purposes of this constitution, a person shall not be regarded as holding a public office by reason only of the fact that he is in receipt of a pension or other like allowance in respect of service under the crown. save as otherwise provided in this constitution, the interpretation act 1980 as in force immediately before independence day shall apply, with the necessary adaptations, for the purpose of interpreting this constitution. part xi. transitional provisions 132. interpretation of this part in this part"the constitution ordinance" means the british honduras constitution ordinance 1963; "the letters patent" means the belize letters patent 1964 to 1979. 133. the constitution-transitional powers the governor (as defined for the purposes of the letters patent) acting after consultation with the premier (as so defined) may at any time after this section comes into operation exercise any of the powers conferred on the governor-general by section 134 of this constitution to such extent as may be necessary or expedient to enable the constitution to function as from independence day. 134. existing laws subject to the provisions of this part, the existing laws shall notwithstanding the revocation of the letters patent and the constitution ordinance continue in force on and after independence day and shall then have effect as if they had been made in pursuance of this constitution but they shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with this constitution. where any matter that falls to be prescribed or otherwise provided for under this constitution by the national assembly or by any other authority or person is prescribed or provided for by or under an existing law (including any amendment to any such law made under this section) that prescription or provision shall as from independence day have effect (with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with this constitution) as if it had been made under this constitution by the national assembly or as the case may require by the other authority or person. the governor-general may by order published in the gazette within twelve months after independence day make such amendments to any existing law (other than this constitution) as may be necessary or expedient for bringing that law into conformity with the provisions of this constitution or otherwise for giving effect or enabling effect to be given to those provisions. an order made under this section may be amended or revoked by the national assembly or in relation to any existing law affected thereby, by any other authority having power to amend, repeal or revoke that existing law. the provisions of this section shall be without prejudice to any powers conferred by this constitution or by any other law upon any person or authority to make provision for any matter, including the amendment or repeal of any existing law. in this section, the expression "existing law" means any act of the parliament of the united kingdom, order of her majesty in council, ordinance, rule, regulation, order or other instrument having effect as part of the law of belize immediately before independence day (including any such law made before that day and coming into operation on or after that day). 135. first governor-general her majesty may before independence day appoint the first governor-general from among persons who qualify by virtue of section 23 of this constitution to become citizens of belize on independence day. any such appointment shall take effect as from independence day, and the person so appointed shall hold office in accordance with section 30 of this constitution. 136. ministers the person who, immediately before independence day, holds the office of premier under the letters patent shall, as from that day, hold office as prime minister as if he had been appointed thereto under section 37 of this constitution. the persons who, immediately before independence day, hold office as ministers (other than the premier) under the letters patent shall, as from that day, hold the like offices as if they had been appointed thereto under section 40 of this constitution. any person holding the office of prime minister or other minister by virtue of subsections (1) and (2) of this section who, immediately before independence day, was under the letters patent assigned responsibility for any business or department of government shall, as from that day, be deemed to have been assigned responsibility for that business or department under section 41 of this constitution. any person holding the office of prime minister or other minister by virtue of subsections (1) and (2) of this section shall be deemed to have satisfied the requirements of section 46 of this constitution. 137. national assembly the persons who, immediately before independence day, are members of the former house of representatives shall, as from that day, be deemed to have been elected in pursuance of section 56(1) of this constitution in the respective electoral divisions corresponding to the electoral divisions by which they were returned to the former house of representatives, and shall hold their seats in the house of representatives in accordance with the provisions of this constitution. the persons who, immediately before independence day, are members of the former senate, having been appointed as such under paragraphs (a), (b) and (c) of section 9(2) of the constitution ordinance, shall, as from independence day, be deemed to have been appointed to the senate in pursuance of section 61 of this constitution, and shall hold their seats in the senate in accordance with the provisions of this constitution. the persons deemed to be elected to the house of representatives or to be appointed to the senate by virtue of subsections (1) and (2) of this section shall be deemed to have satisfied the requirements of section 71 of this constitution. the persons who, immediately before independence day, are the speaker and deputy speaker of the former house of representatives and the president and vice-president of the former senate shall, as from independence day, be deemed to have been elected respectively as speaker and deputy speaker of the house of representatives and president and vice-president of the senate in accordance with the provisions of this constitution and shall hold office in accordance with those provisions. the person who, immediately before independence day, is the leader of the opposition in the former house of representatives shall, as from that day, be deemed to have been appointed as leader of the opposition in pursuance of section 47 of this constitution, and shall hold office as such in accordance with the provisions of this constitution. the standing orders of the former house of representatives and of the former senate as in force immediately before independence day shall, until it is otherwise provided under section 70 of this constitution, be the standing orders respectively of the house of representatives and of the senate, but they shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with this constitution. notwithstanding anything in section 84(2) of the constitution (but subject to subsection (3) of that section), the national assembly shall, unless sooner dissolved, stand dissolved on 30th november 1984 (that is to say, five years from the date when the two houses of the former national assembly first met after the last dissolution of that assembly under the constitution ordinance). in this section, the expressions "former national assembly", "former house of representatives", and "former senate" mean respectively the national assembly, house of representatives, and senate established by the constitution ordinance. 138. existing public officers subject to the provisions of this constitution every person who immediately before independence day holds or is acting in a public office under the letters patent or the constitution ordinance shall, as from that day, continue to hold or act in that office or the corresponding office established by this constitution as if he had been appointed thereto in accordance with the provisions of this constitution and as if he had taken any oath required by this constitution or any other law: provided that any person who under the letters patent, the constitution ordinance or any other law in force immediately before independence day would have been required to vacate his office at the expiration of any period shall, unless earlier removed in accordance with this constitution, vacate his office at the expiration of that period. 139. supreme court and court of appeal subject to the provisions of this constitution, the supreme court shall on and after independence day have all the powers which immediately before that day are vested in the former supreme court. all proceedings that, immediately before independence day, are pending before the former supreme court may be continued and concluded on and after that day before the supreme court. any decision given before independence day by the former supreme court shall for the purposes of its enforcement or of any appeal therefrom have effect on and after that day as if it were a decision of the supreme court. any appeals from belize that, immediately before independence day, are pending before the former court of appeal may be continued and concluded on and after that day before the court of appeal. any decision given before independence day by the former court of appeal shall for the purposes of its enforcement or of any appeal therefrom have effect on and after that day as if it were a decision of the court of appeal. in this section"the former supreme court" means the supreme court established by the constitution ordinance; "the former court of appeal" means the court of appeal established by the court of appeal ordinance 1967. 140. alteration of this part the national assembly may alter any of the provisions of this part, other than those referred to in subsection (2) of this section, in the manner specified in section 69(4) of this constitution. the national assembly may alter this section, subsections (1), (4) and (7) of section 137, section 138 and section 139 of this constitution in the manner specified in subsections (3) and (5) of section 69 of this constitution. subsections (7) and (8) of section 69 of this constitution shall apply for the purpose of construing references in this section to any provision of this part and to the alteration of any such provision as they apply for the purpose of construing references in section 69 of this constitution and in schedule 2 hereto to any provision of this constitution and to the alteration of any such provision. part xii. repeal and date of commencement 141. commencement this constitution shall come into operation on independence day: provided that sections 133 and 135 of this constitution shall come into operation forthwith. 142. revocations the ordinances set out in schedule 4 are revoked with effect from independence day. part xiii. government control over public utilities 143. interpretation for the purposes of this part:“public utilities” means the provision of electricity services, telecommunication services and water services; “public utility provider” means– belize electricity limited, a company incorporated under the companies act, or its successors by whatever name called; belize telemedia limited, a company incorporated under the companies act, or its successors by whatever name called; and belize water services limited, a company incorporated under the companies act, or its successors by whatever name called; “government” means the government of belize; “government shareholding” shall be deemed to include any shares held by the social security board; “majority ownership and control” means the holding of not less than fifty one per centum (51%) of the issued share capital of a public utility provider together with a majority in the board of directors, and the absence of any veto power or other special rights given to a minority shareholder which would inhibit the government from administering the affairs of the public utility provider freely and without restriction. 144. majority ownership and control of public utilities from the commencement of the belize constitution (eighth amendment) act, 2011, the government shall have and maintain at all times majority ownership and control of a public utility provider; and any alienation of the government shareholding or other rights, whether voluntary or involuntary, which may derogate from government’s majority ownership and control of a public utility provider shall be wholly void and of no effect notwithstanding anything contained in section 20 or any other provision of this constitution or any other law or rule of practice: provided that in the event the social security board (“the board”) intends to sell the whole or part of its shareholding which would result in the government shareholding (as defined in section 143) falling below 51% of the issued stock capital of a public utility provider, the board shall first offer for sale to the government, and the government shall purchase from the board, so much of the shareholding as would be necessary to maintain the government’s majority ownership and control of a public utility provider; and every such sale to the government shall be valid and effectual for all purposes. any alienation or transfer of the government shareholding contrary to subsection (1) above shall vest no rights in the transferee or any other person other than the return of the purchase price, if paid. 145. validity of acquisition orders in respect of belize electricity limited and belize telemedia limited for the removal of doubts, it is hereby declared that the acquisition of certain property by the government under the terms ofelectricity act, as amended, and the electricity (assumption of control over belize electricity limited) order, 2011 (hereinafter referred to as “the electricity acquisition order”); and belize telecommunications act, as amended, and the belize telecommunications (assumption of control over belize telemedia limited) order, 2011, (hereinafter referred to as “the telemedia acquisition order”), was duly carried out for a public purpose in accordance with the laws authorizing the acquisition of such property. the property acquired under the terms of the electricity acquisition order and the telemedia acquisition order referred to in subsection (1) above shall be deemed to vest absolutely and continuously in the government free of all encumbrances with effect from the date of commencement specified in the said orders. nothing in the foregoing provisions of this section shall prejudice the right of any person claiming an interest in or right over the property acquired under the said acquisition orders to receive reasonable compensation within a reasonable time in accordance with the law authorizing the acquisition of such property. schedule 1 to the constitution. definition of belize (section 1) the territory of belize comprises the mainland of belize and all its associated islands and cayes within the area bounded by the frontiers with guatemala and mexico and the outer limit of the territorial sea of belize described as follows:the frontier with guatemala is the line prescribed by the treaty between the united kingdom and guatemala signed on 30 april 1859; the frontier with mexico is the line prescribed by the treaty between the united kingdom and mexico signed on 8 july 1893; the outer limit of the territorial sea of belize is the limit provided by law measured from such baselines as may have been prescribed before independence day by law or otherwise, or as may be so prescribed thereafter, and also includes the turneffe islands, the cayes of lighthouse reef and glover reef, together with all associated islets and reefs, and their adjacent waters as far as the outer limit of the territorial sea appertaining to them. the area referred to in paragraph 1 of this schedule includes, but is not limited to, ambergris caye, caye caulker, caye chapel, long caye, frenchman's caye, st. george's caye, sergeant's caye, goff's caye, english caye, rendezvous caye, bluefield range of cayes, southern long caye, columbus caye, fly range of cayes, tobacco range of cayes, southern water caye, carrie bow caye, gladden caye, silk cayes, pompion caye, ranguana range of cayes, sapodilla range of cayes, snake cayes, all islands and cayes associated with the above-mentioned cayes, and all other cayes lying within and along the barrier reef. schedule 2 to the constitution. alteration of constitution (section 69) provisions of constitution referred to in section 69(3)part ii; sections 55 to 60 (inclusive), 84, 85, 88 to 93 (inclusive); part vii; sections 52(2), 54, 108(7) and (8), 109(6) and (7), and 111; sections 105 and 106. schedule 3 to the constitution. form of oath and form of affirmation (section 131(1)) form of oath oath of allegiance and office i, ____________________________, do swear that i will bear true faith and allegiance to belize, and will uphold the constitution and the law, and that i will conscientiously, impartially and to the best of my ability discharge my duties as [ ] and do right to all manner of people without fear or favour, affection or ill-will. [so help me, god.] form of affirmation affirmation of allegiance and office i, ____________________________, do solemnly and sincerely affirm and declare that i will bear true faith and allegiance to belize, and will uphold the constitution and the law, and that i will conscientiously, impartially and to the best of my ability discharge my duties as [ ] and do right to all manner of people without fear or favour, affection or ill-will. schedule 4 to the constitution. revocations ordinance revoked / references british honduras constitution ordinance, 1963. / no. 33/1963 british honduras constitution (amendment) ordinance, 1966 / no. 23/1966 british honduras constitution (amendment) ordinance, 1970 / no. 9/1970 chapter 1 declaration of the federal republic of somalia article 1. the federal republic of somalia somalia is a federal, sovereign, and democratic republic founded on inclusive representation of the people and a multiparty system and social justice. after allah the almighty, all power is vested in the public and can only be exercised in accordance with the constitution and the law and through the relevant institutions. it is prohibited for a person or a section of the public to claim the sovereignty of the federal republic of somalia, or to use it for their personal interest. the sovereignty and unity of the federal republic of somalia is inviolable. article 2. state and religion islam is the religion of the state. no religion other than islam can be propagated in the country. no law which is not compliant with the general principles of shari'ah can be enacted. article 3. founding principles the constitution of the federal republic of somalia is based on the foundations of the holy quran and the sunna of our prophet mohamed (pbuh) and protects the higher objectives of shari'ah and social justice. the federal republic of somalia is a muslim country which is a member of the african and arab nations. the federal republic of somalia is founded upon the fundamental principles of power sharing in a federal system. the constitution of the federal republic of somalia promotes human rights, the rule of law, general standards of international law, justice, participatory consultative and inclusive government, the separation of powers between the legislature, executive and an independent judiciary, in order to ensure accountability, efficiency and responsiveness to the interests of the people. women must be included in all national institutions, in an effective way, in particular all elected and appointed positions across the three branches of government and in national independent commissions. article 4. supremacy of the constitution after the shari'ah, the constitution of the federal republic of somalia is the supreme law of the country. it binds the government and guides policy initiatives and decisions in all departments of government. any law, or administrative action that is contrary to the constitution may be invalidated by the constitutional court, which has the authority to do so in accordance with this constitution. article 5. official languages the official language of the federal republic of somalia is somali (maay and maxaa-tiri), and arabic is the second language. article 6. the flag and national symbols the flag of the federal republic of somalia, as shown in section a of schedule one, is a light blue rectangle in the centre of which is a white star with five equal points. the emblem of the federal republic of somalia, as shown in section b of schedule one, is a blue shield with a gold frame, in the centre of which is a silver-coated, five-pointed star. the shield is surmounted by a decorated emblem with five golden heads, with two lateral ones halved. the shield is borne from the sides by two leopards facing each other under the lower point of the shield, along with two palm leaves, which are interlaced with a white ribbon. somalia has a national anthem which is" qolobaa calankeed" the federal member states of the federal republic of somalia shall have their own flags and national symbols in accordance with the federal system. article 7. the territory of the federal republic of somalia the sovereignty of the federal republic of somalia extends over all the territory of the federal republic of somalia, which includes the land, territorial sea, the islands, the subsoil, the air space, and the continental shelf, and any land and waters that join the federal republic of somalia in accordance with a law that shall be passed by the federal parliament. the territory of the federal republic of somalia is inviolable and indivisible. any international boundary dispute over the territory of the federal republic of somalia shall be resolved in a peaceful and cooperative manner that is in accordance with the laws of the land and international law. the boundaries of the federal republic of somalia shall be those described in the 1960 constitution of the republic of somalia. the boundaries of the federal republic of somalia are: to the north: the gulf of aden; to the north west: djibouti; to the west: ethiopia; to the south west: kenya; to the east: the indian ocean. article 8. the public and the citizenship the people of the federal republic of somalia consist of all the citizens, and are indivisible. there shall be only one somali citizenship, and the house of the people of the federal parliament of somalia shall enact a special law that shall define how to obtain, suspend, or lose it. a person who is a somali citizen cannot be deprived of somali citizenship, even if they become a citizen of another country. denial, suspension, or deprivation of somali citizenship may not be based on political grounds. article 9. the capital city of the federal republic of somalia the status of the capital city of somalia shall be determined in the constitutional review process, and the two houses of the somali federal parliament shall enact a special law with regards to this issue. chapter 2. fundamental rights and the duties of thecitizen title one. general principles of human rights article 10. human dignity human dignity is given by god to every human being, and this is the basis for all human rights. human dignity is inviolable and must be protected by all. state power must not be exercised in a manner that violates human dignity. article 11. equality all citizens, regardless of sex, religion, social or economic status, political opinion, clan, disability, occupation, birth or dialect shall have equal rights and duties before the law. discrimination is deemed to occur if the effect of an action impairs or restricts a person's rights, even if the actor did not intend this effect. government must not discriminate against any person on the basis of age, race, colour, tribe, ethnicity, culture, dialect, gender, birth, disability, religion, political opinion, occupation, or wealth. all government programs, such as laws, or political and administrative actions that are designed to achieve full equality for individuals or groups who are disadvantaged, or who have suffered from discrimination in the past, shall not be deemed to be discriminatory. article 12. application of the fundamental rights the fundamental rights and freedoms recognized in this chapter shall always be respected in the making and application of the law. likewise, they must be respected by all individuals and private organisations, as well as by every state institution and state official as they carry out their official functions. it is the responsibility of the state not only to ensure it does not violate rights through its actions, but also to take reasonable steps to protect the rights of the people from abuse by others. the rights recognized in this chapter may be limited only by a law as provided for in article 38. title two. rights, basic personal liberties and limitations article 13. right to life everyone has the right to life. article 14. slavery, servitude and forced labour a person may not be subjected to slavery, servitude, trafficking, or forced labour for any purpose. article 15. liberty and security of the person every person has the right to personal liberty and security. every person has the right to personal security, which shall be safeguarded through the prohibition of illegal detention, all forms of violence, including any form of violence against women, torture, or inhumane treatment. the physical integrity of every person is inviolable. no one may be subjected to medical or scientific experiments without their consent or, if a person lacks the legal capacity to consent, the consent of a near relative and the support of expert medical opinion. circumcision of girls is a cruel and degrading customary practice, and is tantamount to torture. the circumcision of girls is prohibited. abortion is contrary to shari'ah and is prohibited except in cases of necessity, especially to save the life of the mother. article 16. freedom of association every person has the right to associate with other individuals and groups. this includes the right to form and belong to organizations, including trade unions and political parties. it also includes the right not to associate with others, and a person cannot be forced to associate with individuals or groups. article 17. freedom of religion and belief every person is free to practice his or her religion. no religion other than islam can be propagated in the federal republic of somalia. article 18. freedom of expression and opinions every person has the right to have and express their opinions and to receive and impart their opinion, information and ideas in any way. freedom of expression includes freedom of speech, and freedom of the media, including all forms of electronic and web-based media. every person has the right to freely express their artistic creativity, knowledge, and information gathered through research. article 19. inviolability of home the home and other dwellings of the person shall be inviolable, and their entry, search or surveillance shall not be allowed without a reasoned order from a judge. any such order must be read properly to the occupier of the dwelling before entry, and the inspecting authority is prohibited to violate the law. article 20. freedom of assembly, demonstration, protest and petition every person has the right to organize and participate in meetings, and to demonstrate and protest peacefully, without requiring prior authorization. every person has the right to present petitions to governmental institutions. article 21. freedom of movement and residence every person lawfully residing within the territory of the federal republic of somalia has the right to freedom of movement, freedom to choose their residence, and freedom to leave the country. every citizen has the right to enter and to remain in the country, and has the right to a passport. article 22. right of political participation every citizen has the right to take part in public affairs. this right includes: the right to form political parties and to participate in the activities of political parties; the right to be elected for any position within a political party. every citizen who fulfils the criteria stated in the law has the right to elect and to be elected. the rights stated in paragraph (1) and (2) should be exercised in accordance with this constitution and a law enacted by the federal parliament. article 23. freedom of trade, occupation and profession every citizen has the right to choose their trade, occupation or profession freely. article 24. labour relations every person has the right to fair labour relations. every worker has the right to form and join a trade union and to participate in the activities of a trade union. every worker has the right to strike. every trade union or employers' organization or employer has the right to engage in collective bargaining regarding labour-related issues. all workers, particularly women, shall have a special right of protection from sexual abuse, segregation and discrimination in the work place. every labour law and practice shall comply with gender equality in the work place. article 25. environment every person has the right to an environment that is not harmful to their health and well-being, and to be protected from pollution and harmful materials. every person has the right to have a share of the natural resources of the country, whilst being protected from excessive and damaging exploitation of these natural resources. article 26. property every person has the right to own, use, enjoy, sell, and transfer property. the state may only compulsorily acquire property if doing so is in the public interest. any person whose property has been acquired in the name of the public interest has the right to just compensation from the government as agreed by the parties or decided by a court. article 27. economic and social rights every person has the right to clean potable water. every person has the right to healthcare, and no one may be denied emergency healthcare for any reason, including lack of economic capability. every person has the right to full social security, every person has the right to protect, pursue, and achieve the fulfilment of the rights recognised in this article, in accordance with the law, and without interference from the state or any other party. it shall be ensured that women, the aged, the disabled and minorities who have long suffered discrimination get the necessary support to realize their socio-economic rights. article 28. family care marriage is the basis of the family, which is the foundation of society. its protection is a legal duty of the state. mother and child care is a legal duty of the state. every child has the right to care from their parents, including education and instruction. in instances where this care is not available from the family, it must be provided by others. this right applies to street children and children of unknown parents, the rights of whom the state has a particular duty to fulfil and protect. adults have a duty to support their parents if the parents are unable to care for themselves. no marriage shall be legal without the free consent of both the man and the woman, or if one or both of them have not reached the age of maturity. article 29. children every child has the right to a good and righteous name and a nationality from birth. every child has the right to be protected from mistreatment, neglect, abuse, or degradation. no child may perform work or provide services that are not suitable for the child's age or create a risk to the child's health or development in any way. every child may be detained only as a last resort, for a limited time, in appropriate conditions, and must be detained separately from adults with the exception of the child's immediate family. the child's immediate family must be informed of the child's detention as soon as practicable. every child shall have the right to legal aid paid for by the state if the child might otherwise suffer injustice. every child has the right to be protected from armed conflict, and not to be used in armed conflict. in every matter concerning a child, the child's best interests are of paramount importance. in this article a "child" is defined as any person under 18 years of age. article 30. education education is a basic right for all somali citizens. every citizen shall have the right to free education up to secondary school. the government shall give priority to the development, expansion and extension of public education. private schools, institutes and universities shall be established according to law and in line with the educational program and academic curricula of the country. the government shall encourage the promotion of research, creativity, and arts, and the advancement of cultural and traditional dances and sports and shall promote the positive customs and traditions of the somali people. the government shall adopt a standardized curriculum across all schools of the country, and shall ensure its implementation. the government shall promote higher education, technical institutes, and technology and research institutions. the teaching of islam shall be compulsory for pupils in both public and private schools. schools owned by non-muslims shall be exempted from these measures. article 31. language and culture the state shall promote the positive traditions and cultural practices of the somali people, whilst striving to eliminate from the community customs and emerging practices which negatively impact the unity, civilization and well-being of society. the state shall collect, protect and preserve the country's historic objects and sites, whilst developing the know-how and technology that shall enable the fulfilment of such an obligation. the state shall promote the cultural practices and local dialects of minorities. the rights mentioned in this article shall be implemented in accordance with the fundamental rights recognized in this constitution. article 32. right of access to information every person has the right of access to information held by the state. every person has the right of access to any information that is held by another person which is required for the exercise or protection of any other just right. federal parliament shall enact a law to ensure the right of access to information. article 33. just administrative decisions every person has the right to administrative decisions which are lawful, reasonable and conducted in a procedurally fair manner. article 34. access to courts every person is entitled to file a legal case before a capable court. every person has the right to a fair public hearing by an independent and impartial court or tribunal, to be held within a reasonable time, and to determine: any question of civil rights and obligations; or any criminal charge. every person is entitled to defend him or herself from the case he or she is party to, whatever the level or stage of the proceedings may be. the state shall provide free legal defense to the people who do not have the means of doing so themselves. the state shall provide free legal defense to individuals or communities if they are legally pursuing the public interest. article 35. the right of the accused the accused is presumed innocent until proven guilty in a final manner by a court of law. every person arrested or detained has the right to be informed promptly of the reason for their arrest or detention in a language which the person understands. every person arrested or detained shall have the right for his or her family and relatives to be informed of his or her situation. every person may not be compelled to self-incriminate, and a verdict may not be based on evidence acquired by means of coercion. every person who is arrested has the right to be brought before a capable court within 48 hours of the arrest. every person who is arrested or detained has the right to choose, and to consult with, a legal practitioner and if he or she cannot afford one, the government must appoint a legal practitioner for him or her. every person brought before a court of law for an alleged criminal offence is entitled to a fair trial. the accused has the right to be present at their trial. the accused has the right to challenge the evidence presented against him or her. the accused has the right to an interpreter if the accused person does not understand the language being used in the court. the accused cannot be kept in an illegal detention centre, and must be granted visits by his or her family, doctor or lawyer. criminal liability is a personal matter and no person may be convicted of a criminal offence for an act committed by another person. no person may be convicted of a crime for committing an act that was not an offence at the time it was committed, unless it is a crime against humanity under international law. article 36. extradition of the accused and criminals any person that has been accused or convicted may only be extradited in a manner prescribed by law and on the basis of an international treaty or convention which the federal republic of somalia is party to, and which obliges the somali federal government to extradite the accused or convicted. any accused or convicted person shall only be extradited in accordance with international law and practice, and on the basis of legislation governing extradition, which has been passed by the federal parliament. article 37. refugees and asylum every person who has sought refuge in the federal republic of somalia has the right not to be returned or taken to any country in which that person has a well-founded fear of persecution. the federal parliament shall enact legislation in compliance with international law, regulating refugees and asylum seekers. article 38. limitation of rights the rights set out in this chapter may be limited by law, provided that the law is not targeted at particular individuals or groups. this right may be limited by law, or by specific exceptions in this chapter, only if that limitation is demonstrably reasonable and justified according to the values underlying this constitution. in deciding whether a limitation is reasonable and justifiable, all relevant factors must be taken into account. the relevant factors in terms of clause 3 include the nature and importance of the right limited, the importance of the purpose to be achieved by the limitation, whether the limitation is suitable for achieving the purpose, and whether the same purpose could be achieved while being less restrictive of the rights limited. possible restriction of fundamental rights during a state of emergency is dealt with in chapter 14, article 131 of this constitution. article 39. redress of violations of human rights the law shall provide for adequate procedures for redress of violations of human rights. redress of violations of human rights must be available in courts that the people can readily access. a person or organization may go to court to protect the rights of others who are unable to do so for themselves. article 40. interpretation of the fundamental rights when interpreting the rights set out in this chapter, a court shall take an approach that seeks to achieve the purposes of the rights and the values that underlie them. in interpreting these rights, the court may consider the shari'ah, international law, and decisions of courts in other countries, though it is not bound to follow these decisions. when interpreting and applying the law generally, a court or any tribunal shall consider the relevance of the provisions of this chapter, and make its decisions compatible with these provisions, as far as is possible. the recognition of the fundamental rights set out in this chapter does not deny the existence of any other rights that are recognized or conferred by shari'ah, or by customary law or legislation to the extent that they are consistent with the shari'ah and the constitution. article 41. human rights commission the federal parliament shall establish a human rights commission that is independent of government control, and has adequate resources to carry out its functions effectively. the functions of the human rights commission shall include the promotion of knowledge of human rights, and specifically shari'ah, setting implementation standards and parameters for the fulfilment of human rights obligations, monitoring human rights within the country, and investigating allegations of human rights violations. title three. duties of citizens article 42. duties of the citizens in islam, justice requires a balance of rights and duties. the exercise of equality, freedoms, and other rights is inseparable from duties. accordingly, it is the duty of each citizen: to be patriotic and loyal to the country and to promote its development and well-being; to engage in useful work for the good of the citizen, the family, and the common good, and to contribute to national development and to the well-being of the community where the citizen lives; to promote responsible parenthood; to foster national unity in harmony with others; to promote accountability and the rule of law; to become acquainted with the provisions of the constitution and to uphold and defend the constitution and the law; to strive to vote in elections; to become a good tax-payer in order to contribute to the public expenditure according to the law and the citizen's capacity to pay; to defend the territory of the federal republic of somalia. chapter 3. land, property and environment article 43. land land is somalia's primary resource and the basis of the people's livelihood. land shall be held, used and managed in an equitable, efficient, productive and sustainable manner. the federal government shall develop a national land policy that shall be subject to constant review. that policy shall ensure: equity in land allocation and the use of its resources; the guarantee of land ownership and registration; that land is used without causing harm to the land; that any land and property dispute is resolved promptly and satisfactorily for all; that the amount of land that a person or a company can own is specified; that the land and property market is regulated in a manner that prevents violations of the rights of small land owners; that the federal member states may formulate land policies at their level. no permit may be granted regarding the permanent use of any portion of the land, sea or air of the territory of the federal republic of somalia. the federal parliament shall enact a law regulating the size, timeline and conditions of permits of land use. the federal government, in consultation with the federal member states and other stakeholders, shall regulate land policy, and land control and use measures. article 44. natural resources the allocation of the natural resources of the federal republic of somalia shall be negotiated by, and agreed upon, by the federal government and the federal member states in accordance with this constitution. article 45. environment the federal government shall give priority to the protection, conservation, and preservation of the environment against anything that may cause harm to natural biodiversity and the ecosystem. all people in the federal republic of somalia have a duty to safeguard and enhance the environment and participate in the development, execution, management, conservation and protection of the natural resources and environment. the federal government and the governments of the federal member states affected by environmental damage shall: take urgent measures to clean up hazardous waste dumped on the land or in the waters of the federal republic of somalia; enact legislation and adopt urgent necessary measures to prevent the future dumping of waste in breach of international law and the sovereignty of the federal republic of somalia; take necessary measures to obtain compensation from those responsible for any dumping of waste, whether they are in the federal republic of somalia or elsewhere; take necessary measures to reverse desertification, deforestation and environmental degradation, and to conserve the environment and prevent activities that damage the natural resources and the environment of the nation. in consultation with the federal member states, the federal government shall adopt general environmental policies for the federal republic of somalia. chapter 4. public representation title one. general principles of public representation article 46. the power of the public the power of self-governance begins and ends with the public, which has the power to hold accountable public institutions and public servants where necessary. the public representation system shall be open and shall give everyone the opportunity to participate. its procedures and rules shall be simple and understandable. the public representation system shall be able to satisfactorily and reasonably prevent any crises that may arise as a result of political contests and election results. title two. elections article 47. electoral system and political parties the regulations concerning political parties, their registration, elections at the federal government level and the national independent electoral commission shall be defined in special laws enacted by the house of the people of the federal parliament. chapter 5. devolution of the powers of government inthe federal republic of somalia title one. structure and principles of collaboration of the levels of government article 48. the structure of government the structure of the government in the federal republic of somalia is composed of two levels of government: the federal government level; the federal member states level, which is comprised of the federal member state government, and the local governments. no single region can stand alone. until such time as a region merges with another region(s) to form a new federal member state, a region shall be directly administered by the federal government for a maximum period of two years. article 49. the number and boundaries of the federal member states and districts the number and boundaries of the federal member states shall be determined by the house of the people of the federal parliament. the house of the people of the federal parliament, before determining the number and boundaries of the federal member states, shall nominate a national commission which shall study the issue, and submit a report of its findings with recommendations to the house of the people of the federal parliament. the nomination of the commission referred to in clause two shall be preceded by the enactment of a law by the house of the people of the federal parliament, which shall define: the responsibilities and powers of the commission; the parameters and conditions it shall use for the establishment of the federal member states; the number of the commissioners, requirements of membership, nomination methods, office tenure, and their remuneration. the number and the boundaries of the districts in a federal member state shall be determined by a law enacted by the parliament of the federal member state, which must be approved by the house of the people of the federal parliament. federal member state boundaries shall be based on the boundaries of the administrative regions as they existed before 1991. based on a voluntary decision, two or more regions may merge to form a federal member state. article 50. federalism principles of the federal republic of somalia the various levels of government, in all interactions between themselves and in the exercise of their legislative functions and other powers, shall observe the principles of federalism, which are: every level of government shall enjoy the confidence and support of the people; power is given to the level of government where it is likely to be most effectively exercised; the existence and sustainability of a relationship of mutual cooperation and support between the governments of the federal member states, and between the governments of the federal member states and the federal government, in the spirit of national unity; every part of the federal republic of somalia shall enjoy similar levels of services and a similar level of support from government; fair distribution of resources; the responsibility for the raising of revenue shall be given to the level of government where it is likely to be most effective exercised; the resolution of disputes through dialogue and reconciliation. article 51. collaborative relationships between the various levels of government in the federal republic of somalia every government shall strive for a cooperative relationship with other governments, whether at the same level or at another level of government. every government shall respect and protect the limits of its powers and the powers of other governments, and shall: have effective brotherly relationships with other levels of government in order to promote the unity of the citizenry; inform governments of other levels of policies and activities it implements within its boundaries which may have an impact on the areas of other levels; have policies that facilitate the planning and implementation of joint development projects. in order to ensure the existence and development of cooperative federal relations, an annual conference of executive heads of the federal government and the federal member state governments shall regularly be convened, so as to discuss and agree on: strengthening national unity; security and peace of the country; national socio-economic development, and common market policies of the country; promotion of the wealth of the people; information sharing. all levels of government must comply with the national constitution, without any government assuming more powers than the constitution allocates. a law passed by the federal parliament shall regulate: the establishment of institutions and guidelines that shall facilitate interaction between the various levels of government; the establishment of guidelines that will facilitate the resolution of disputes between the various levels of government without resorting to court. article 52. cooperative relationships between the various federal member state governments the federal government and federal member state governments shall ensure that meetings between the presidents of the federal member states and high ranking officials be held regularly to discuss issues that affect their territories, including: water sources; agriculture; animal husbandry; pasture and forestry; the prevention of erosion and the protection of the environment; health; education; relations and dialogue amongst traditional leaders, and the protection and development of traditional law; relations amongst religious scholars; and youth. federal member states may enter cooperative agreements amongst themselves or with the federal government, which may not be legally binding or contradict the national constitution and the constitutions of the federal member states. article 53. international negotiations in the spirit of inter-governmental cooperation the federal government shall consult the federal member states on negotiations relating to foreign aid, trade, treaties, or other major issues related to international agreements. where negotiations particularly affect federal member state interests, the negotiating delegation of the federal government shall be supplemented by representatives of the federal member states governments. in conducting negotiations, the federal government shall regard itself as the guardian of the interests of the federal member states, and must act accordingly. article 54. allocation of powers the allocation of powers and resources shall be negotiated and agreed upon by the federal government and the federal member states (pending the formation of federal member states), except in matters concerning: foreign affairs; national defense; citizenship and immigration; monetary policy, which shall be the powers and responsibilities of the federal government. chapter 6. the federal parliament title one. general provisions article 55. the houses of the federal parliament the federal parliament of the federal republic of somalia consists of: the house of the people; and the upper house. the house of the people of the federal parliament and the upper house of the federal parliament shall carry out their legislative duties in accordance with title four of this chapter of the constitution on the national legislative procedures. article 56. performance of the federal parliament the houses of the federal parliament: shall jointly perform their shared duties; shall each individually perform the duties specific to them. article 57. joint sittings responsibilities of the joint sittings of the two houses of the federal parliament include: when the need arises, the house of the people of the federal parliament and the upper house of the federal parliament shall hold joint sessions, which shall be chaired by the speaker of the upper house of the federal parliament, or any member of the federal parliament, in accordance with the rules and regulations of the houses of the federal parliament. the speaker of the upper house will chair the joint session, or the speaker of the house of the people, or an agreed member. while chairing the joint sessions, the chair of the joint session shall not have a vote, unless there is a tie in the votes. without interfering with the powers of the federal parliament to organise its activities, the president of the federal republic may, if deemed necessary, request the speaker of the house of the people of the federal parliament and the speaker of the upper house of the federal parliament to hold a joint session of the federal parliament: to formulate procedures that guide the activities of the joint committees of the two houses of the federal parliament; to execute procedures for implementing decisions reached by the joint committees of the federal parliament; to amend and review the constitution in accordance with chapter 15. article 58. membership criteria for the federal parliament in order to be eligible for membership of the federal parliament of the federal republic of somalia, a person must: be a citizen of the federal republic of somalia, of sound mind, not younger than 25, and a registered voter; not have had their citizenship suspended by a court order in the last five (5) years; have a minimum of secondary education or equivalent experience. before the candidature of a person is accepted, the national independent electoral commission shall verify whether the candidate meets the criteria set out in this article. article 59. disqualification of membership of the federal parliament membership of the federal parliament can be lost as a result of: death of the member; the member consistently failing to perform his or her duties; the acceptance of a resignation submitted by the member to the house he or she is a member of; failing to attend two consecutive ordinary sessions of his or her house without a reasonable excuse; the member accepting to hold a government position other than a ministerial post; the member's citizenship rights having been suspended in accordance with the constitution. if a member of the federal parliament loses their membership, the runner-up in the last election shall take up the position. the electoral law shall regulate the procedure for determining the runner-up, who should be sworn in within 30 days of the day of the loss of membership of the federal parliament of the member he or she is replacing. article 60. term of office the term of office of the federal parliament is 4 years from the day of the announcement of the election results. a member of federal parliament may be re-elected. article 61. responsibilities of members of the federal parliament when fulfilling his or her duties, every member of the federal parliament shall be guided by the best interests of the nation as a whole. while fulfilling his or her duties in accordance with clause (1) of this article, every member of the house of the people of the federal parliament has a special responsibility to represent the constituency he or she has been elected from, regardless of their political or party affiliations. every member of the upper house of the federal parliament has a special responsibility to represent the interests of the federal member state that the member represents, and to safeguard the federal system, whilst acting in the spirit of inter-governmental cooperation. article 62. joint committees of the federal parliament the two houses of the federal parliament may form joint committees to facilitate their work. joint rules of procedure passed by the two houses shall determine the number of joint committees to be formed, and the procedure of their work. title two. the house of the people of the federal parliament article 63. the legislative powers of the house of the people the house of the people of the federal parliament represents all the people of somalia, and the legislative duties tasked solely to the house of the people of the federal parliament are as follows: to participate in amending the constitution in accordance with chapter 15; to pass, amend or reject legislation tabled before it in accordance with this chapter and chapter 15 of the constitution; to study laws passed by the upper house of the federal parliament; to delegate to the upper house of the federal parliament legislative duties, with the exception of its duty to participate in the procedures for amending the constitution. article 64. the number of the members of the house of the people the members of the house of the people of the federal parliament shall be elected by the citizens of the federal republic of somalia in a direct, secret and free ballot. the number of ordinary members of the house of the people of the federal parliament shall be two hundred and twenty-five (225) members. the members of the house of the people of the federal parliament must represent all communities of the federal republic of somalia in a balanced manner. any person who becomes the president of the federal republic of somalia shall become a life member of the house of the people after leaving the office of president of the federal republic of somalia, unless he or she has been removed from this office before the end of the presidential term in accordance with article 92 of the constitution, and he or she shall be an additional member of the house of the people of the federal parliament. article 65. the speaker and deputy speakers of the house of the people of the federal parliament at its first session, presided over by the eldest member, the house of the people of the federal parliament shall elect a speaker and two (2) deputy speakers from amongst its members. if on any occasion neither the speaker nor the deputy speakers are present, the house shall elect one of its members to preside temporarily. before assuming office, the speaker shall relinquish any official position in a political party, and shall be strictly neutral in the performance of his or her functions. the speaker and his or her deputies shall be elected through a secret ballot by a majority vote of the members of the house of the people of the federal parliament, and may be removed by a two-thirds majority vote of the members of the house of the people of the federal parliament. article 66. house sessions of the house of the people of the federal parliament a newly elected house of the people of the federal parliament must hold its first sitting within 30 days of the declaration of the result of the general election, on a date fixed by the national independent electoral commission. the house of the people of the federal parliament must hold two regular sessions each year, and each session should last for a minimum of four (4) months. the rules of procedure of the house of the people of the federal parliament shall determine the timings, dates and the resting period of the regular sessions of the house of the people of the federal parliament. the house of the people of the federal parliament shall be convened for a special session whenever: called by the president of the federal republic acting on the request of the council of ministers; called by its speaker; requested in writing by at least 20% of the members of the house of the people of the federal parliament. article 67. dissolution of the house of the people of the federal parliament the house of the people of the federal parliament cannot be dissolved before the end of its four-year term unless the house has been unable to approve the council of ministers and the program of the government under article 100, paragraph (c). article 68. rules of procedure of the house of the people of the federal parliament the house of the people of the federal parliament shall adopt its own rules of procedure, which shall provide for full participation of its members. the house of the people of the federal parliament shall divide itself into committees that will carry out the duties of the house of the people of the federal parliament. when draft legislation is brought before the house of the people of the federal parliament, it shall task it to the relevant house committee so that it may be studied, and a report of its findings and recommendations presented to the plenary of the house. draft legislation rejected by the house of the people of the federal parliament cannot be returned before the house of the people of the federal parliament for 30 days from the day of the rejection of the legislation. the house of the people of the federal parliament and its committees shall sit in public, in accordance with the general principle of transparency in government. the rules of procedure shall define when it is necessary for the house of the people to have a closed door session. article 69. the powers of the house of the people of the federal parliament the house of the people of the federal parliament has legislative duties, including the duty: to pass, amend or reject any law tabled before it; to prepare laws, except laws related to the annual budget, which shall be formulated by the council of ministers. the house of the people of the federal parliament has the following additional powers: to approve the independent commissions brought before it by the prime minister; to hold accountable and monitor the national institutions, and to ensure the implementation of national laws; to summon the prime minister, members of the council of ministers and the chairmen of the independent commissions and offices. the house of the people of the federal parliament has the authority to review the duties of any official who does not respond when summoned by the house of the people of the federal parliament; to give a vote of confidence in the prime minister and the council of ministers, and in government projects, to be conducted by a simple majority vote of the total members (50%+1) by means of a show of hands to the prime minister and members of the council of ministers; to carry out a vote of no confidence in the prime minister and his deputy or deputies by a simple majority vote of the total members (50%+1) to be conducted by means of a show of hands; to elect and dismiss the president of the federal republic as provided for by the constitution; to carry out other duties as provided for by the constitution to ensure the proper implementation and review of the constitution. article 70. the immunity of the members of the house of the people of the federal parliament no member of the house of the people shall be penalised for giving their views to the house of the people of the federal parliament and its committees. without the approval of the house of the people of the federal parliament, no member of the house of the people of the federal parliament may be prosecuted for a criminal offense, be detained, or be physically searched, and nor may the member's house or other dwellings be searched unless the member has been caught in the act of committing a crime that calls for compulsory detention orders. furthermore, without the approval of the house of the people of the federal parliament, no member may be detained or imprisoned, even in the fulfilment of a final court order. a member can be held liable for non-criminal offenses without the approval of the house of the people of the federal parliament. a special law shall define the immunity of the members of the house of the people of the federal parliament. the allowances and other benefits of the members of the house of the people of the federal parliament shall be paid from the central treasury of the federal government. title three. the legislative powers of the upper house of the federal parliament article 71. the upper house of the federal parliament the upper house of the federal parliament represents the federal member states, and its legislative duties include: participation in the process of the amending the constitution, in accordance with chapter 15; passing, amending, or rejecting the laws that are tabled before it in accordance with articles 80-83; study of laws delegated to it in accordance with article 80-83; participation in the election of the president of the federal republic in accordance with article 89; dismissal of the president in accordance with article 92; participation in the process of declaring war in accordance with the constitution; carrying out other duties required by the constitution to ensure proper implementation and review of the constitution; participation in the process of declaring a state of emergency in accordance with the constitution; participation in the process of appointing the following members of government institutions, as provided for by the constitution: members of the judicial service commission; chairman and judges of the constitutional court; members of the national independent electoral commission; members of the boundaries and federation commission; members of the interstate commission. article 72. the number of members of the upper house of the federal parliament the members of the upper house of the federal parliament shall be elected through a direct, secret and free ballot by the people of the federal member states, and their number shall be no more than 54 members based on the eighteen (18) regions that existed in somalia before 1991, and on the following: the number of federal member states of the federal republic of somalia; that all federal member states should have an equal number of representatives in the upper house of the federal parliament; that the members of the upper house of the federal parliament should be representative of all communities of the federal republic of somalia. article 73. the speaker and deputy speaker of the upper house of the federal parliament the speaker and the deputy speaker of the upper house of the federal parliament shall be elected and dismissed through the same procedures that apply to those of the elections for the speaker and deputy speakers of the house of the people of the federal parliament. article 74. sessions of the upper house of the federal parliament a newly elected upper house of the federal parliament must hold its first sitting within 30 days of the declaration of the result of the general election. the date of the first session shall be determined by the national independent electoral commission. the upper house of the federal parliament must hold two regular sessions each year, and each session shall last for a minimum of four (4) months. the rules of procedure of the upper house of the federal parliament shall determine the timings, the dates and the resting period of the regular sessions of the upper house of the federal parliament. the upper house of the federal parliament shall be convened for a special session whenever: called by the prime minister; called by its speaker; requested in writing by at least two (2) federal member states. article 75. rules of procedure of the upper house of the federal parliament the upper house of the federal parliament shall adopt its own rules of procedure, which shall provide for full participation of its members. the upper house of the federal parliament shall divide itself into committees that shall facilitate the fulfilment of duties allocated to them by the upper house of the federal parliament. when draft legislation is tabled before the upper house of the federal parliament, it shall task the relevant house committee to study it, and present a report of its findings and recommendations to the plenary of the house. draft legislation rejected by the upper house of the federal parliament cannot be returned before the upper house of the federal parliament for 30 days from the day of the rejection of the legislation. the upper house of the federal parliament and its committees shall sit in public, in accordance with the general principle of transparency in government. article 76. decision-making in the upper house of the federal parliament unless stated otherwise by the constitution, each member of the upper house of the federal parliament shall have one vote. decisions of the upper house of the federal parliament can pass only with a majority vote of the total membership of the upper house of the federal parliament. article 77. presence of ministers in the sessions of the upper house of the federal parliament ministers may attend the sessions of the upper house of the federal parliament, and may speak, but shall not have the right to vote. the rules of procedures of the upper house of the federal parliament may provide for regular sessions in which ministers respond to written or oral questions from members of the house. the upper house of the federal parliament or its committees may summon the prime minister and members of the council of ministers to ask them questions related to their duties. the upper house of the federal parliament shall inform in writing the above officials of the subject matter of the meeting at least one week before the agreed date of the meeting. article 78. the immunity of the members of the upper house of the federal parliament the members of the upper house of the federal parliament shall have the same immunity to that of members of the house of the people of the federal parliament stated in this constitution. the upper house of the federal parliament cannot be dissolved. title four. legislative procedures in parliament article 79. draft legislation according to the constitution, a draft legislation consists of the proposal of draft law, including: reviewing, replacing, and proposing amendments to the constitution; writing and preparing a new draft law; proposing a new draft law; reviewing an existing law. the debate on draft legislation for reviewing this constitution shall be initiated at the house of the people of the federal parliament. the debate on any draft law may be initiated at either house of the federal parliament. article 80. initiating new laws draft legislation at the national level may be initiated by: the council of ministers; or at least 10 members of the house of the people of the federal parliament, except draft legislation that concerns the annual budget which shall be initiated only by the council of ministers. draft legislation may be presented to the upper house of the federal parliament by at least one representative of a federal member state; or any committee of the upper house of the federal parliament. article 81. political resolutions both houses of the federal parliament can initiate draft legislation. only the house of the people of the federal parliament has the authority to reject draft legislation. if there are differences with regard to draft legislation between the two houses of the federal parliament, either house may call for a joint committee of both houses to attempt to resolve the differences and to suggest a harmonised draft legislation to both houses in the spirit of intergovernmental cooperation as stipulated in article 51 and 52 of this constitution. only the house of the people of the federal parliament may send draft legislation to the president of the federal republic for his signature and its publication in the official gazette. article 82. draft laws initiated in the house of the people of the federal parliament when the house of the people of the federal parliament receives a draft law, it may take any of the following courses of action: to pass it in unchanged form, or pass it with amendment(s) and then submit it to the upper house of the federal parliament for approval; to reject it and inform the upper house of the federal parliament of the reasons for the rejection. when the upper house of the federal parliament receives a draft law passed by the house of the people of the federal parliament, it may take any of the following courses of action: to pass it the way it has been submitted, and send it back to the house of the people of the federal parliament; to amend the draft law, and send it back to the house of the people of the federal parliament, with reasons for the amendment(s); to reject the draft law, and send it back to the house of the people of the federal parliament, with reasons for its rejection. when the house of the people of the federal parliament receives a draft law passed by the upper house of the federal parliament, it shall send it to the president of the federal republic of somalia, for his signature, and its publication in the official gazette. when the house of the people of the federal parliament receives a draft law that has been amended by the upper house of the federal parliament it can do either of the following: to accept the amendment on the draft law, and then submit it to the president of the federal republic of somalia for his signature, and its publication in the official gazette; to reject the amendment and over-rule the decision of upper house of the federal parliament through a two-thirds (2/3) majority vote of the total membership of the house of the people of the federal parliament, and then submit it to the president of the federal republic of somalia, for his signature, and its publication in the official gazette. when the house of the people of the federal parliament receives a draft law that has been rejected by the upper house of the federal parliament, it can do either of the following: to accept the rejection and drop the draft law; to over-rule the rejection of the upper house of the federal parliament with a two-thirds (2/3) majority vote of the total membership of the house of the people of the federal parliament and then submit it to the president of the republic for his signature and its publication in the official gazette. article 83. draft laws initiated in the upper house of the federal parliament when the upper house of the federal parliament receives a draft law, it can do either of the following: to pass it the way it is, or pass it with amendment(s), and then submit it to the house of the people of the federal parliament for approval; to reject it, and inform the house of the people of the federal parliament of the reasons for the rejection. when the house of the people of the federal parliament receives a draft law that has been passed by the upper house of the federal parliament, it may act in any of the following ways: to accept it the way it was submitted by the upper house of the federal parliament and then submit it to the president of the federal republic of somalia, for his signature, and its publication in the official gazette; to amend it and send it back to the upper house of the federal parliament, with reasons for the amendment(s); to reject it and send it back to the upper house of the federal parliament, with reasons for the rejection. when the upper house of the federal parliament receives a draft law that has been amended by the house of the people of the federal parliament, it may act in any of the following ways: to accept the amendment to the draft law without voting and then send it back to the house of the people to submit it to the president of the republic so as to sign it and then publish it in the official gazette; to reject the amendment and over-rule the decision of the house of the people of the federal parliament by a two-thirds (2/3) majority vote of the total membership of the house, and then send it back to the house of the people of the federal parliament. when the upper house of the federal parliament receives a draft law that has been rejected by the house of the people of the federal parliament, it may do either of the following: to accept the rejection, and drop the draft law; to over-rule the rejection of the house of the people through by a two-thirds (2/3) majority vote of its total membership, and then send it back to the house of the people of the federal parliament. when the house of the people of the federal parliament receives a draft law which it has amended, and the amendment has been accepted by the upper house of the federal parliament, it shall submit the draft law to the president of the federal republic of somalia for his signature, and its subsequent publication in the official gazette. when the house of the people of the federal parliament receives a draft law which it has amended or rejected, and its decision has been over-ruled by the upper house of the federal parliament, it may take do either of the following: to over-rule the decision of the upper house of the federal parliament by a two-third (2/3) majority vote of the total membership of the house of the people of the federal parliament, and drop the draft law; to accept the decision of the upper house of the federal parliament, and submit the draft law to the president of the federal republic for his signature and its publication in the official gazette. if the two houses of the federal parliament differ on a draft law, when the draft law reaches the level mentioned in section 4 or 6, either of the houses can request for the formation of a joint committee of the two houses in order to settle the difference and come up with a draft law that both houses agree on based on the general principles of intergovernmental cooperation as stipulated in article 51 and 52 of this constitution. article 84. disseminating and keeping records of laws the secretaries of the houses of the federal parliament and the attorney general of the federal republic of somalia shall be responsible for keeping records of laws passed by the federal parliament, and for their publication in the official gazette. article 85. assent to legislation draft legislation becomes law once it has been passed in accordance with the legislative procedure as stipulated in this chapter, signed by the president of the federal republic, and published in the official gazette. article 86. challenging legislation legislation that has been passed in accordance with the legislative procedure, as stipulated in this chapter, may only be challenged if it contradicts the constitution. legislation that has been passed in accordance with the legislative procedure, as stipulated in this chapter, may be challenged by: all members of the upper house of the federal parliament or one representative of a federal member state; a third of the members of the house of the people of the federal parliament; the council of ministers of the federal republic of somalia; ten thousand (10,000) or more registered voters. legislation that has been challenged, in accordance with clause 1 and 2 of this article, must be presented to, and decided upon, only by the constitutional court. if the constitutional court dismisses a challenge to the legislation, the expenses shall be met by the party that has brought the matter to the constitutional court. the procedure for challenging legislation, and deciding upon it, shall be stated in the laws regulating the judiciary. chapter 7. the president of the federal republic article 87. the president of the federal republic of somalia the president of the federal republic of somalia is: the head of the state of the federal republic of somalia; the symbol of the national unity; the guardian and promoter of the founding principles of the constitution. the president of the federal republic of somalia shall carry out his duties in accordance with the constitution and the other laws of the federal republic of somalia. article 88. eligibility criteria for the position of president of the federal republic of somalia any citizen is eligible for the position of president of the federal republic of somalia, as long as he or she meets the eligibility requirements of: being a somali citizen and a muslim; being not less than forty years of age; having relevant knowledge or experience for the role; having a sound mind; not having been convicted by a court of a major crime. article 89. election of the president of the federal republic of somalia the houses of the federal parliament shall elect the president of the federal republic of somalia in a joint session, presided over by the speaker of the house of the people of the federal parliament. a minimum of two-thirds (2/3) of the members of each house of the federal parliament must be present when electing the president of the federal republic of somalia. candidatures must be proposed to the joint session of the houses of the federal parliament by a minimum of twenty (20) members of the house of the people of the federal parliament, or a minimum of one (1) federal member state. when the members of the upper house of the federal parliament are voting for the president of the federal republic of somalia, each one of them has one vote. every presidential candidate has to declare his candidacy to the houses of the federal parliament and should present his election programme to the federal parliament, which shall then elect him by the following process: the election of the president of the federal republic of somalia shall be conducted by secret ballot; any candidate who gains a two-thirds (2/3) majority vote of the total membership of the two houses of the federal parliament shall be elected president of the federal republic of somalia; if no candidate gains the necessary two-thirds (2/3) majority in the first round, a second round of voting shall be conducted for the four candidates with the greatest number of votes from the first round, and any candidate who gains a two-thirds (2/3) majority vote of the total membership of the two houses of the federal parliament in the second round shall be elected president of the federal republic of somalia; if no candidate gains the necessary two-thirds (2/3) majority in the second round, a third round of voting shall be conducted between the two candidates with the greatest number of votes from the second round, and the candidate who gains the greatest number of votes in the third round shall be elected president of the federal republic of somalia. article 90. the responsibilities and powers of the president of the federal republic of somalia the powers and responsibilities of the president of the federal republic of somalia are to: declare a state of emergency and war in accordance with the law; serve as commander in chief of the armed forces; appoint and dismiss the commanders of the forces at the federal government level on the recommendation by the council of ministers; appoint the prime minister, and to dissolve the federal government if it does not get the required vote of confidence from the house of the people of the federal parliament by a simple majority (50%+1); dismiss ministers, state ministers and deputy ministers on the recommendation of the prime minister; sign draft laws passed by the federal parliament in order to bring them into law; open the house of the people of the federal parliament; hold an annual session with the house of the people of the federal parliament; address the house of the people of the federal parliament at any other time; appoint the chairman of the constitutional court, the high court, and other judges at the federal government level in accordance with the recommendation of the judicial service commission; appoint senior federal government officials and the heads of the federal government institutions on the recommendation of the council of ministers; appoint ambassadors and high commissions on the recommendation of the council of ministers; receive foreign diplomats and consuls; confer state honors on the recommendation of the council of ministers; dissolve the house of the people of the federal parliament when its term expires, thereby prompting new elections; pardon offenders and commute sentences on the recommendation of the judicial service commission; sign international treaties proposed by the council of ministers and approved by the house of the people of the federal parliament. article 91. term of office of the president of the federal republic of somalia the president of the federal republic of somalia shall hold office for a term of four (4) years, starting from the day he takes the oath of the president of the federal republic of somalia, in accordance with article 96 of the constitution. article 92. impeachment and discharging of duties of the president of the federal republic of somalia the house of the people of the federal parliament can propose the dismissal of the president of the federal republic of somalia if he is accused of treason, or gross violation of the constitution or the laws of the federal republic of somalia. the motion for dismissing the president of the federal republic of somalia may be introduced by no less than one-third (1/3) of the total membership of the house of the people of the federal parliament, and may be presented to the constitutional court, which shall preside over the case to see whether it has legal grounds. if the constitutional court determines that the case has legal grounds, the president of the federal republic of somalia may be dismissed by a two-thirds (2/3) majority vote of the total membership of the two houses of the federal parliament. in the event of the dismissal of the president of the federal republic of somalia, in accordance with clauses 1-3 of this article the speaker of the house of the people of the federal parliament shall assume the duties of the president of the federal republic of somalia. article 93. resignation of the president of the federal republic of somalia the president of the federal republic of somalia may resign to the federal parliament through the speaker of the house of the people of the federal parliament. article 94. acting president of the federal republic of somalia if the president of the federal republic of somalia is absent from the country, or unable to fulfil his duties due to illness or any other reason, the speaker of the house of the people of the federal parliament shall assume these duties until such time as the president of the federal republic of somalia resumes office. in the event of the speaker of the house of the people of the federal parliament assuming the duties of the president of the federal republic, the deputy speaker of the house of the people of the federal parliament shall act as the speaker of the house of the people of the federal parliament. article 95. vacancy in the office of the president of the federal republic of somalia if the office of president of the federal republic of somalia falls vacant, the speaker of the house of the people of the federal parliament shall act as president of the federal republic until such time as a new president of the federal republic is elected, within a maximum of thirty (30) days. if the president of the federal republic suffers a terminal illness that is expected to lead to his or her death within a period of three (3) months and this is attested to by medical experts, the office of the president of the federal republic shall legally be deemed vacant. the election of a president of the federal republic of somalia to fill an office left vacant in accordance with clause 2 of this article shall be conducted in accordance with the presidential election procedure stated in article 89 of the constitution. a president of the federal republic of somalia elected in accordance with clause 3 of this article shall complete the remaining period of the term of the previous president. article 96. oath of the president of the federal republic of somalia before assuming office, the president of the federal republic of somalia shall take an oath before the federal parliament, administered by the chairman of the high court, which shall be as follows: "i swear in the name of allah that i will perform my duties honestly and in the best interest of the nation, people and religion, and that i will abide by the constitution and the other laws of the country" chapter 8. the executive branch article 97. the council of ministers the executive power of the federal government shall be vested in the council of ministers, in accordance with the constitution. the council of ministers is the highest executive authority of the federal government and consists of the prime minister, the deputy prime minister(s), ministers, state ministers and deputy-ministers. the prime minister shall appoint deputy prime ministers, ministers, state ministers, and deputy ministers. those eligible for membership of the council of ministers may be, but shall not be limited to, members of the house of the people of the federal parliament. vacancy in the office of the prime minister caused by the resignation, dismissal, failure to fulfil responsibility, or death of the prime minister shall lead to the dissolution of the council of ministers. article 98. criteria for membership of the council of ministers the person holding the office of the prime minister or deputy prime minister must: not be below the age of forty (40) years; have a university-level education. the person being appointed as minister, state minister or deputy-minister must: not be below the age of thirty (30) years; have university-level education. during their term of office, members of the council of ministers are prohibited from: holding any responsibility other than that of membership of the house of the people of the federal parliament; having a private profession, or carrying out private commercial, economic, or industrial activities; purchasing or hiring government assets; selling or renting their assets to the government. article 99. responsibilities of the council of ministers the council of ministers has the powers to: formulate the overall government policy and implement it; approve and implement administrative regulations, in accordance with the law; prepare draft laws, and table them before the house of the people of the federal parliament; prepare the annual budget and finalise the accounts; set the national development plan; implement laws, ensure national security, and protect state interests; appoint and dismiss senior public officials; propose the appointment or dismissal of ambassadors, consuls and diplomats; exercise any other power conferred upon it by the constitution or by other laws. article 100. responsibilities and powers of the prime minister the responsibilities of the prime minister are to: be the head of the federal government; appoint and dismiss members of the council of ministers; present the council of ministers and government program before the house of the people of the federal parliament to seek their endorsement; carry out any other function conferred upon him or her by the constitution or by any other law that complies with the constitution and its underlying values. article 101. deputy prime minister the deputy prime minister acts for the prime minister when the prime minister is out of the country, and carries out other responsibilities as may be delegated by the prime minister. article 102. functions of the minister, deputy-minister and state minister every minister is personally responsible for the functions of his or her ministry. every deputy-minister shall carry out functions delegated to him or her by his or her minister. state ministers shall carry out specific functions assigned to them by the prime minister. article 103. caretaker government between the date of a general election and the swearing in of the new prime minister, the existing prime minister and council of ministers shall continue to serve in a caretaker capacity to carry out routine duties. article 104. oath after obtaining a vote of confidence, the prime minister and the council of ministers shall, before assuming their duties, take the oath in a special session of the house of the people of the federal parliament, administered by the chairman of the high court, and which shall read as follows: "i swear in the name of allah that i will perform my duties honestly and in the best interest of the nation, people and religion, and that i will abide by the constitution and the other laws of the country" chapter 9. the judicial authority article 105. the judicial authority of the federal republic of somalia judicial authority is vested in the courts. the judicial structure shall be regulated in a law enacted by the federal parliament. article 106. judicial independence the judiciary is independent of the legislative and executive branches of government whilst fulfilling its judicial functions. members of the judiciary shall be subject only to the law. no civil or criminal proceedings shall be instituted against a judge in respect of the exercising of any judicial function. the home or person of a judge cannot be searched without the authorization of the judicial service commission. article 107. judicial procedure judicial proceedings shall be open to the public, but the courts may decide, in the interests of ethics, national security, the protection of witnesses, in cases involving juveniles, or concerning rape, that the proceedings be held in private. no judicial decision shall be made unless all parties have had the opportunity to present their case. reasons shall be given for all judicial decisions. article 108. national court structure the national court structure shall be of three levels, which are: the constitutional court; the federal government level courts; the federal member state level courts. the highest court at the federal government level shall be the federal high court, whilst the highest court at the federal member state level shall be the federal member state high court. article 109. the proceedings of the national courts if a case is presented before a court, and the case concerns the federal government, the court shall refer the case to the federal government level court. if a case is presented before a court and the case concerns a constitutional matter, the court may refer the case to the constitutional court. any court with judicial powers can decide on whether a matter brought before it is a constitutional matter or not, if this will not contradict the exclusive powers of the constitutional court, as stipulated in article 109c of the constitution; the constitutional court is the final authority in constitutional matters; the constitutional court shall have sole jurisdiction on matters of interpretation of the constitution which have not arisen out of court litigation; any individual, or groups, or the government may submit directly to the constitutional court a reference application on matters concerning the public interest. notwithstanding clauses 1 and 2 of this article, the federal parliament shall enact a law providing detailed laws for the interaction between the federal government level courts and the federal member states courts. article 109a. the judicial service commission this constitution establishes a judicial service commission. the judicial service commission shall be comprised of nine (9) members, which shall be as follows: the chief judge of the constitutional court; the chief judge of the federal high court; the attorney general; two (2) people who are members of the somali bar, appointed by the somali law society for a four (4) year term; the chair of the human rights commission; three (3) people of high reputation within somali society, proposed by the council of ministers, and then appointed by the president for a term of four (4) years, and renewable only once. the judicial service commission shall elect a chair from amongst its members. the term of office for the members of the judicial service commission is four (4) years, renewable only once. a disciplinary regulation passed by the judicial service commission shall apply to all the members of the judicial service commission. in accordance with a law and regulation formulated by itself, the judicial service commission can do the following: appoint, discipline and transfer any member of the judiciary at the federal government level; to decide on remuneration and pensions of members of the judiciary at the federal government level; to decide on other work matters of the judiciary. article 109b. the formation of the constitutional court this constitution establishes the constitutional court which is composed of five judges including the chief judge and the deputy chief judge. the judicial service commission shall nominate as judge of the constitutional court only persons of high integrity, with appropriate qualifications in law and shari'a, and who is highly competent in constitutional matters. the judicial service commission shall propose to the house of the people the person they want to be appointed as a constitutional judge. if the house of the people of the federal parliament approves the name proposed in accordance with clause 3 of this article, the president of the federal republic shall appoint that person as a judge of the constitutional court. from amongst their members, the constitutional court judges shall appoint the chief judge and deputy chief judge. article 109c. the powers of the constitutional court the constitutional court shall have the following exclusive powers: upon request from a member of the council of ministers, a committee from either one of the houses, or ten members of either house of the federal parliament, to review draft legislation, and determine its compatibility with the constitution; to hear and decide cases as stipulated in article 86 concerning challenges to the constitutionality of a law passed by the federal parliament; to hear and decide on cases resulting from matters stated in article 109 (2) (c), concerning matters of interpretation of the constitution not arising out of court litigation; to resolve any disputes between the federal government and the federal member state governments, or among the federal member state governments; to hear and decide cases arising out of disputes between organs of the federal government, concerning their respective constitutional powers and duties; to hear and decide cases arising in terms of article 92 concerning the impeachment trials of the president. the constitutional court shall determine the date from which the decision to void legislation shall come into effect. in the case of legislation held to be unconstitutional, except in terms of paragraph (b) of this clause, taking into account the effect of the decision on the date of invalidation on the stakeholders and other social interests, the constitutional court may declare the legislation invalid from the time of enactment, or from the time of the judgment, or, to enable appropriate action pending invalidity, from a date specified in the future. in the case of criminal legislation, if the effect of declaring the law invalid from the enactment date would be of benefit to a person who has been convicted through this unconstitutional legislation, the invalidity must be from the time of enactment. chapter 10. the independent commissions article 110. general principles an independent commission is a body that is independent of government or political control, and able to make use of expertise relevant to the particular areas of its work. in its mandate and operations, an independent commission shall embody and reflect the spirit of human rights, democracy and transparency. an independent commission must not be subject to the direction or control of any person or institution. the funding for each independent commission shall be allocated by a separate vote in the national budget. article 111. the formation of independent commissions the country shall have independent commissions both at the federal government level as well and at the level of the federal member states, and their obligations, duties and numbers shall be defined in a law passed by both houses of the federal parliament. while putting into consideration the specific tasking that those commissions are entrusted with, the federal member states of somalia must be consulted when appointing the commissioners. article 111a. the judicial service commission there shall be a judicial service commission, which shall advise the federal government on the administration of justice including recruitment, dismissal, and any legal action taken against judges. the judicial service commission has to be independent, neutral, non-partisan and shall ensure the independence of the judiciary. the judicial service commission shall have powers, and responsibilities as stipulated in the constitution and the national laws. article 111b. the human rights commission there shall be a human rights commissions that shall be mandated to: promote respect of human rights, and the culture of human rights; promote the protection, development, and attainment of human rights; and monitor and assess the observance of the conduct of human rights in the federal republic of somalia. in accordance with the constitution, the human rights commission shall have powers to perform the following functions: to investigate and report on the observance of human rights; to take steps to secure appropriate redress where human rights have been violated; to carry out research; to educate the public and state officials on international standards relating to human rights. the powers and the activities of the human rights commission shall be stipulated in the human rights commission act. the human rights commission shall be independent, impartial, and inclusive and should not have more than nine members. article 111c. the anti-corruption commission there shall be an anti-corruption commission and its mandate is to investigate allegations of corruption that implicate the public sector. the anti-corruption commission may conduct enquiries at its own discretion and is not required to only act upon a complaint. the mandate of the anti-corruption commission includes: to promote and strengthen measures to prevent and combat corruption more efficiently and effectively; the advancement, facilitation and support of international co-operation related to anti-corruption policies; to promote integrity, accountability, and proper management of public matters and property. the powers of the anti-corruption commission include: to prevent, investigate and publish corruption allegations; to freeze, seize, confiscate or return any gains from criminal activity; to support the adoption of such laws and other measures necessary to effectively prevent and prosecute criminal offences relating to corruption. the scope of the anti-corruption commission includes issues relating to: corruption of national or foreign public officials and officials of public international organizations; embezzlement, misappropriation or other diversion by a public official of any public or private property; trading in influence; abuse of functions and illicit enrichment. the anticorruption commission shall be independent, impartial, representative and inclusive and shall not have more than nine members. article 111d. parliamentary service commission at the beginning of the term of the house of the people, both houses of the federal parliament shall establish a parliamentary service commission serving for the term of the house of the people. the parliamentary service commission shall consist of: the speaker of the house of the people as chairperson; the speaker of the upper house as vice-chairperson; four (4) members elected by the house of the people from among its members, of whom at least two (2) shall be women; two (2) members elected by the upper house from among its members, of whom at least one shall be a woman; one member appointed by the house of the people from among persons who are experienced in public affairs, but are not members of the federal parliament. a member of the parliamentary service commission shall vacate office: at the end of the term of the house of the people; if the member is a member of the federal parliament and ceases to be a member of the federal parliament; or if the member is an appointed member, on revocation of the person's appointment by the house of the people. the parliamentary service commission shall be responsible for: providing services and facilities to ensure the efficient and effective functioning of the federal parliament; constituting offices to support the parliamentary service, and appointing and supervising office holders; preparing annual estimates of expenditure of the federal parliament and submitting them to the house of the people for approval, and exercising budgetary control over financial activities; performing any other function necessary for the well-being of the members and staff of the federal parliament as prescribed by federal law. with the approval of the relevant house, the parliamentary service commission shall appoint a clerk for each house of the federal parliament. the offices of the clerks and offices of members of the staff of the clerks shall be offices in the parliamentary service. article 111e. boundaries and federation commission there shall be a boundaries and federation commission to support the territorial evolution of somalia into a fully-fledged federation of states. the boundaries and federation commission may draw on national and international expertise, conduct studies, make and print maps and conduct inquires to support the creation of viable federal states. the boundaries and federation commission shall take into account demographic and cartographic information as well as political, economic and social criteria and recommend to the federal parliament the demarcation of boundaries of federal member states. the commission shall be independent, impartial, inclusive and representative of all geographical parts of somalia. the final determination of the boundaries of federal member states shall be made by the federal parliament and shall be based on the recommendations of the boundaries and federation commission. article 111f. inter-state commission there shall be established by federal law an interstate commission. the inter-state commission shall have such powers as the federal parliament deems necessary to: facilitate intergovernmental coordination and cooperation among the federal government and the governments of the federal member states; and resolve any administrative, political or jurisdictional disputes between the federal government and one or more governments of the federal member states or between the governments of federal member states. the interstate commission shall be composed of members appointed by the prime minister and at least an equal number of members appointed by each government of the federal member states. article 111g. national independent electoral commission there shall be established a national independent electoral commission, established under the constitution. the national independent electoral commission shall be independent of the executive and shall manage its own budget. the national independent electoral commission shall be inclusive and representative and be impartial and neutral and shall not have more than nine members. the mandate of the national independent electoral commission includes: the conduct of presidential elections; the conduct of federal parliament elections; the continuous registration of voters and revision of the voter's roll; the registration of candidates for elections; the delimitation of constituencies and wards; the regulation of the political party system; the settlement of electoral disputes; the facilitation of the observation, monitoring and evaluation of elections; the regulation of money spent by an elected candidate or party in respect of any election; the development of an electoral code of conduct for its candidates and parties; the monitoring of compliance with legislation on nomination of candidates by parties; voter education. the federal parliament shall establish the national independent electoral commission and the relevant legislation required to support it as a matter of priority. article 111h. national security commission a national security commission shall be established by federal law. the national security commission shall be independent and shall comprise of security experts from all sectors. the mandate of the national security commission shall be to: study and develop an integrated security framework to address the present and future needs of somalia for review and adoption by the federal parliament; present proposals to ensure that human security is prioritized and incorporated into the national security framework; develop a framework through which the public may provide oversight and monitor security related expenditure; seek redress from abuses by security personal. the priority issues to be addressed by the national security commission shall include: piracy; demobilization of militias and reintegration into society which includes skills training and the provision of material support and psychological counselling; policing; ensuring civilian control of the armed forces. the national security commission shall establish a civilian oversight sub-committee comprising of security experts, members of the federal parliament, academics and civil society representatives from all sectors of somali society. the mandate of the civilian oversight sub-committee shall be to: present proposals to ensure that human security is prioritized and incorporated into the national security framework; develop a framework through which the public may provide oversight; monitor security related expenditure; seek redress from abuses by security personnel. article 111i. truth and reconciliation commission there shall be established the truth and reconciliation commission to foster national healing, reconciliation and unity and to ensure that matters relating to impunity, revenge and other triggers of violence are addressed through a legal and state directed process. the truth and reconciliation commission shall be independent, impartial and representative and shall include: traditional elders and leaders, members of the federal parliament, respected members of civil society, judges and security personnel. the mandate of the truth and reconciliation commission shall include: bearing witness to, record and in some cases grant amnesty to the perpetrators of crimes relating to human rights violations, as well as reparation and rehabilitation; promoting forgiveness, reconciliation and national unity. article 111j. the office of the ombudsman there shall be established the office of the ombudsman. the ombudsman must act in accordance with the constitution and the laws. a member of the council of ministers, the federal parliament or any other person shall not interfere with the work of the office of the ombudsman. each department of the government shall co-operate with the office of the ombudsman regarding the need to maintain its independence, integrity and effective service delivery. while acting in accordance with the recommendations of the judicial service commission, the president of the federal republic of somalia shall nominate an ombudsman. the judicial service commission can recommend the nomination of a person as an ombudsman, only if such a person is qualified to be nominated as a judge of the constitutional court. the ombudsman's term of office is seven years. in clause five, the word "officer" shall include one that was elected or nominated or one who works for a federal government, federal member state government or a local government institution or an officer who is part of a business owned, managed or is in the hands of the government, or an office member of the defense or police forces, but does not include a judge of the constitutional court, a high court or any other officers involved until an allegation becomes evident of a judicial task. the ombudsman shall: investigate complaints regarding allegations or outright violations against basic rights and freedoms, abuse of power, unfair behavior, mercilessness, lack of clemency, indiscipline or disrespect towards a person that lives in somalia by an officer who works at the various levels of government, an apparently unfair behavior, or act in a corrupt manner, or a behavior by an officer deemed as illegal by a democratic society or regarded as mischief or injustice. investigate complaints in relation to the activities of the public service commission of the government, administrative institutions of the government, and the defense and police forces whoever such complaints relate to, failure to equally align those services or fair recruitment among all people in those services or to administer those services fairly. to take appropriate steps which the public calls for, to rectify or change items mentioned in earlier clauses through a fair, and appropriate process, which include, but are not limited to: consultations and sacrifices among the people concerned; reporting on the complaints and matters presented to the ombudsman, and submit to the head of the offender; to forward the matter to the attorney general; to bring the matter before a court that forbids improper conducts by an officer; or forward to the attorney general a matter suspected to involve corruption. the attorney general shall submit a yearly report to the house of the people and the upper house of the federal parliament and to the public in general. article 112. appointment of independent commissions at the federal level unless the constitution provides otherwise, the relevant minister shall propose the names of commissioners, to the council of ministers. if the council of ministers approves, the names shall be submitted to the concerned house of the federal parliament. if the concerned house of the federal parliament approves the names, they shall be sent to the president of the federal republic for formal appointment. article 113. regulations of independent commissions the regulations of the independent commissions shall be stated in a law passed made by the house of the people of the federal parliament. article 114. the independent offices there shall be independent institutions which the federal government and the federal member states shall have; such as the attorney general, the auditor general and the federal central bank. chapter 11. civil service article 115. civil service values the civil service at all levels of government is a pledge to serve the people and shall be based on the values of the constitution, compassion, transparency, community service, respect for administrative hierarchy, obedience, confidentiality, work ethics, efficiency, effectiveness, professionalism protect principles of fairness, equality and best practices. article 116. protection of the rights of civil servants civil servants may not be: victimized for doing work related to their responsibility; dismissed from their job, transferred from office or be demoted, unless there is legal and reasonable ground. article 117. appointment of high ranking officials high ranking public employees and officials of the government as defined by the law, shall be appointed by the president of the federal republic of somalia, after considering the proposal by the council of ministers. article 118. civil servants and public employees civil servants and public employees shall exercise their functions in accordance with the law and solely in the public interest. civil servants and public employees shall not be leaders of any political party. the law shall determine the categories of state employees who may not be members of political parties, and the activities that are incompatible with their duties. the legal status of the state employees shall be regulated by law. permanent jobs with the government may be earned only by an open competition, except in the circumstances described by law. article 119. civil service the federal government and the federal member states may recruit their employees. there shall be a civil service both at the federal level and at the level of the federal member states; the federal government and the federal member states may cooperate in the deployment of staff, in order to ensure that expertise and experience are available where needed and in order to promote national unity. the civil service of the federal government and federal member states shall be formed on the basis of proportional representation of the resident population. chapter 12. federal member states article 120. institutions of the federal member states the establishment of the legislative and executive bodies of government of the federal member states is a matter for the constitutions of the federal member states. article 121. principles for constitutions principally, the constitution of the federal republic of somalia and those of the federal member states shall be harmonized. chapter 13. public finance article 122. principles of public finance the principles of the public finance will be discussed between the federal government and federal member state in accordance with the constitution. article 123. the federal central bank a law passed by the federal parliament shall establish the federal central bank of the federal republic of somalia. the federal central bank of the federal republic of somalia shall be responsible for formulating and implementing financial policies and monetary policies and all the banks shall abide by the regulations set by the federal central bank. the main functions of the federal central bank of the federal republic of somalia are to: produce currency; control inflation; stabilize exchange rates; and establish a sound banking system. the financial policy shall be based on the market forces and lending shall not be based on administrative decisions. the federal central bank of the federal republic of somalia has full authority to execute the monetary policy. the federal central bank is the national reserve bank article 124. federal legislation on financial matters a law enacted by the federal parliament shall provide the framework for financial management with the following characteristics among others: the preparation, timetable and procedure for presenting the budgets of federal member states and districts in a transparent, accountable and efficient manner; guarantees by the federal government for loans raised by federal member states; procedures which the government will follow for public procurements; auditing of accounts of non-governmental bodies that receive government funding; and general measures necessary for the implementation of this chapter. article 125. the national treasury a law enacted by the federal parliament shall establish a national treasury. that law shall also determine legitimate revenue collection and expenditure disbursement relating to institutions at all levels within the federal republic of somalia. that law shall be based on an accountability system that has been tested worldwide and is known to have standards related to financial reserve and expenditure that can equally be implemented in every part of the federal republic of somalia. the national treasury shall ensure the implementation of the principle stated in clause (1) and it shall stop disbursement of funds to any government department that commits major violations or constantly violates the law of national treasury. chapter 14. peace and security article 126. security of the federal republic of somalia the federal government shall guarantee the peace, sovereignty and national security of the federal republic of somalia and the safety of its people through its security services, including: the armed forces; the intelligence services; the police force; the prison forces. the deployment of the security forces shall be determined by law. the armed forces of the federal republic of somalia have the mandate to guarantee the sovereignty and independence of the country and to defend its territorial integrity. the federal police force has the mandate to protect the lives and property, the peace and security of the citizens and other residents of the federal republic of somalia. the police forces established by the laws of the federal member states have the mandate to protect lives and property and preserve peace and security locally, alone or in cooperation with the federal police force. the armed national security agencies shall be controlled by civilian agencies. article 127. principles for the security forces the security forces must respect the following principles: professionalism, discipline and patriotism; respect for the rule of law, democratic institutions and fundamental rights; a commitment to uphold the constitution of the federal republic of somalia; transparency and accountability; political neutrality; and members of the forces shall be trained on the implementation of this constitution, the laws of the land and the international treaties to which the federal republic of somalia is a party. every somali citizen is entitled to be considered for positions in the national armed forces at all levels, without discrimination and the rights of women shall be protected in this respect. article 128. abuse of powers human rights abuses alleged to have been committed by members of the armed forces against civilians shall be brought before a civilian court. article 129. the ombudsman this constitution establishes the office of the ombudsman which is an entity where the public can lodge their complaints against abuses committed by the members of the security forces and the government administration. the office of the ombudsman can initiate an investigation if it suspects the existence of violation committed by the security forces against an individual or on a section of the community. if the investigations reveals convincing results it can take up the matter before a relevant court of law. a special law shall determine the powers and duties of the ombudsman article 130. security agencies laws the two houses of the parliament shall enact a law governing the structure, functions and levels of the security agencies of the federal republic of somalia. article 131. state of emergency a state of emergency may be declared only if it is necessary to deal with a serious situation arising from war, invasion, insurrection, disorder, a natural disaster or some other grave public emergency. a state of emergency may be declared affecting the whole or part of the country, but shall not be more extensive than necessary to deal with the situation. the president acting on the request of the council of ministers may declare a necessary state of emergency, which shall then be debated, and may be approved, by both houses of the federal parliament within 21 days after that declaration. the debates in the federal parliament shall take place in public unless that is no feasible to do so in the circumstances. the federal parliament may approve or extend a state of emergency for no more than three months at a time. if the federal parliament does not approve or extend a state of emergency, the state of emergency ceases to be in effect. the declaration of a state of emergency may give the executive special powers that are necessary to deal with the situation only. the powers granted under a state of emergency shall not include powers to violate the rights under this constitution, unless that violation is absolutely necessary for the purposes of dealing with the emergency situation. the validity of a declaration of a state of emergency, and the procedures involved in making the declaration, may be challenged in court. chapter 15. final and transitional provisions title one. amending the constitution article 132. provisions applicable to an amendment to the constitution proposed after the expiry of the first term of the federal parliament notwithstanding clause (2), whether before or after the expiry of the first term of the federal parliament, neither house of parliament may consider an amendment to the founding principles mentioned in chapter 1 of this constitution. subject to clause (1), and other than an amendment of the boundaries of federal member states in terms of article 49, a house of the federal parliament may consider an amendment to the constitution only in terms of the procedures set forth in clauses (3) through (9). the federal government or a federal members state government, a member of the federal parliament or a petition signed by at least 40,000 citizens may initiate the amendment process. a sponsor of a constitutional amendment in terms of clause (3) may introduce that proposed amendment into either house of the federal parliament. if a majority of the members of the house in which its sponsors introduce a proposed constitutional amendment accept that amendment on first or a subsequent reading, the speaker of the house of the people and the speaker of the upper house of the federal parliament of somalia shall each appoint ten members of that speaker's house to a joint committee of the two houses. the joint committee appointed in terms of clause (5) shall: review a proposal for the amendment; inform the public of the proposal; ensure that adequate opportunity exists for public debate; consult with members of the public; ensure that members of the public have adequate opportunity to present their comments and suggestions to the joint committee; and engage federal member state legislatures and incorporate the federal member states' harmonized submissions into the proposed amendment, whereas the matter concerns federal member state interests. within two (2) months of its appointment, the joint committee shall submit its report to each house of the federal parliament. the federal parliament adopts a proposed amendment only after approving it on a final vote in the house of the people by at least two-thirds (2/3) of the existing members, and on a final vote in the upper house of the federal parliament by at least two-thirds (2/3) of the existing members. a house of parliament may only take a final vote three (3) months or more after the report of the joint committee in terms of clause (7). if the parliament approves one or more proposed amendments in terms of this article and article 136 concerning the review of the final constitution, it shall conduct a referendum on the revised constitution as amended. article 133. provisions applicable to an amendment to the provisional constitution schedule one (c), or a law mentioned in schedule one (d) of this constitution, proposed before the expiry of the first term of the federal parliament: the oversight committee in this article and in article 134: 'oversight committee' means the provisional constitution review and implementation oversight committee. 'review and implementation commission' means the independent provisional constitution review and implementation commission this constitution establishes the oversight committee as a committee of the federal parliament. each house of the federal parliament of the federal republic of somalia shall elect five (5) of its members as members of the oversight committee. in addition, each existing federal member state of the federal republic of somali that qualifies as a federated state under the federal constitution of somalia shall nominate one federal member state delegate as a member of the oversight committee; the oversight committee shall oversee, direct and approve the work of the review and implementation commission, and, generally, the implementation of the constitution. the members of the oversight committee shall select its chairperson from among the members of the oversight committee. not later than one month after the oversight committee selects its chairperson, the oversight committee shall by majority vote adopt rules for its functioning. the oversight committee shall from time to time, assign to the review and implementation commission a drafting project based upon the requirements of schedules 1 (c) and 1 (d) and such other requirements as shall be deemed necessary pursuant to the outcomes of the national constituent assembly provisional adoption as set forth in the protocol establishing the national constituent assembly. in assigning a drafting project mentioned in clause (5), the oversight committee shall prioritize the project as follows: analyze the project in terms of the social problem that the proposed constitutional amendment or bill will address; accord high priority to a project that aims at changing the behaviors that constitute a social problem concerning: national security, public safety, the protection of basic human rights, or the environment; inequality in quality of life of different segments of the somali population, including income inequality, inequality in health care delivery, and inequality in education; economic development, including the availability of jobs, ensuring that a fair proportion of surplus value earned by foreign investors is reinvested in the federal republic of somalia, and ensuring that somali citizens receive education in, and obtain jobs related to the use of new technologies; and safeguarding public funds against corruption and misuse. accord lesser priority to a drafting project concerning a social problem related to the responsibility of an existing ministry other than those concerned with high priority social problems; so far as possible on the basis of accurate social cost-benefit calculations, assign relative priorities between proposed drafting projects seemingly of equal priority; invite members of both houses of the federal parliament of the federal republic of somalia to discuss prioritization of proposed constitutional amendments and proposed draft bills; annually submit to the federal parliament of the federal republic of somalia for approval, amendments, approval, or rejection, of a current legislative drafting program of priority proposed constitutional amendments and proposed draft bills, in the order in which the oversight committee will assign projects for drafting to the review and implementation commission, and from time to time add or subtract from that program as the current situation warrants. as the review and implementation commission, in terms of clause (6), completes a project assigned to it for drafting, as mentioned in article 134, it shall submit for the oversight committee's review the draft constitutional amendment or draft bill, accompanied by the report mentioned in article 134 (7)(b). the oversight committee shall: internally review a draft constitutional amendment or draft bill and the accompanying report, received in terms of clause (7); inform the public of the proposal and the report; so far as possible, ensure that adequate opportunity exists for public debate; consult with members of the public and other members of the federal parliament of the federal republic of somalia; and engage federal member state legislatures and incorporate harmonized submissions into the proposed amendment, where the matter concerns federal member state interests. if after the consultations mentioned in clause (8) the oversight committee decides to incorporate various suggestions into the proposed constitutional amendment or bill, it shall return the proposed constitutional amendment or bill and report to the review and implementation commission for redrafting, with instructions. if after the consultations mentioned in clause (8) the oversight committee decides to submit the proposed constitutional amendment or bill for enactment, it shall forward the proposed constitutional amendment or bill to the speaker of the house of the people, together with its accompanying report, for further proceedings in terms of this constitution. the oversight committee shall report not less than once each quarter year to both houses of the federal parliament the progress in completing the projects mentioned in schedules one (c) and one (d) and as required pursuant to the outcomes of the national constituent assembly as stipulated in the protocol establishing the national constituent assembly. the oversight committee ceases to exist upon the approval of its dissolution by a simple majority (50% plus 1) of each house of the federal parliament of the federal republic of somalia. article 134. provisions applicable to an amendment to the constitution proposed before the expiry of the first term of the federal parliament: the review and implementation commission this constitution establishes the review and implementation commission as a commission subject to the overall direction of the oversight committee in accordance with article 133. at the beginning of the first term of the federal parliament of the federal republic of somalia, the relevant minister shall nominate to the prime minister five members of the review and implementation commission whom the relevant minister selects from short lists prepared by the council of ministers. in addition, existing federal member states should nominate one additional delegate to the review and implementation commission, based on the same selection criteria. the relevant minister shall select as a nominee a person, not a member of the federal parliament, who meets the following criteria for appointment to the review and implementation commission: has a good moral character and reputation; possesses a degree from a recognized university; has demonstrated competence at high levels of public administration or law in somalia; has knowledge and experience of at least ten years in matters relating to one or more of the following fields: law; public administration; economics; gender; human rights. has had a distinguished career in the nominee's respective field; and has extensive legislative drafting experience. the prime minister shall place the names of the nominees before each house of the federal parliament of the federal republic of somalia within 15 days after the cabinet is formed, which shall, within fourteen (14) days, approve all or reject one or more of the nominees. if either house rejects a nominee, the relevant minister shall in terms of clause (3) nominate a replacement, and thereafter follow the procedure prescribed in clauses (4) through (6). after the federal parliament of the federal republic of somalia has selected five (5) nominees in terms of clauses (4) and (5), the prime minister shall designate one of the nominees as chairperson, and forward the nominees' names to the president, who shall forthwith appoint the prime minister's designee as chairperson, and the other two nominees as members of the review and implementation commission. the review and implementation commission shall: as the oversight committee may direct, draft a proposed constitutional amendment in terms of schedule one (c), or a proposed bill as mentioned in schedule one (d), or as otherwise required pursuant to the outcomes of the national constituent assembly; prepare a research report to accompany that proposed amendment or bill, which report, in terms of evidence, both justifies the proposed amendment or bill and predicts the probability that the proposed amendment or bill will induce its prescribed behaviors, and that those behaviors will ameliorate the social problem at which the proposed amendment or bill aims; accomplish the necessary legal and factual research required to fulfil the tasks mentioned in paragraphs (a) and (b); in terms of article 137 (7), submit the completed proposed amendment or draft bill accompanied by the report mentioned in paragraph (b) to the oversight committee; report every three (3) months to the oversight committee, or upon request by the oversight committee, on progress in the review and implementation of this constitution and any impediments to the review and implementation process; work with the chief justice of the constitutional court to ensure the constitutionality of the proposals; and subject to budgetary limitations, employ staff sufficient to accomplish its duties under this constitution. article 135. mandates and prescribed timelines for priority institutions and independent commissions the federal parliament shall establish unless otherwise stated in this constitution, the federal parliament of the federal republic of somalia shall appoint no more than nine (9) members to serve on independent commissions. the federal parliament shall establish the following institutions and independent commissions within the following time frames applicable after the council of ministers is formed: the judicial service commission 30 days; constitutional court 60 days; the human rights commission, ombudsman, the national security commission and the civilian oversight sub-committee 45 days; the parliamentary service commission 15 days; the national independent electoral commission and the boundaries and federation commission 60 days; the interstate commission 1 year; the truth and reconciliation commission 30 days. in order to facilitate the work of the federal parliament in accomplishing these tasks, the technical facilitation committee shall prepare the draft legislation required to establish such commissions under this constitution for the oversight committee and the review and implementation commission to finalize and submit to the federal parliament to consider as soon as practicable in order to meet the deadlines established in clause (2) above. article 136. adoption of a constitutional amendment during the first term of the house of the people; adoption of the final constitution. during the first term of the somali federal parliament, it shall adopt a proposed amendment to the provisional constitution only after approving it in a final vote in the house of the people by at least two-thirds (2/3) of the existing members, and in a final vote in the upper house of the federal parliament by at least two-thirds (2/3) of the existing members. in a referendum held concerning the provisional constitution as amended, held before the end of the first term of the house of the people, the electorate of the federal republic of somalia may adopt the new constitution by a majority vote in favor of the final version of this constitution. article 137. review of the constitution of the federal republic of somalia after ratification by referendum at the expiry of the first term of the federal parliament of somalia, the federal parliament shall establish a commission to review the implementation and operation of the constitution of the federal republic of somalia, as ratified in terms of article 136 on adoption of the final constitution, and to consult the federal member states and members of the public on possible changes. within six months after its appointment, the commission shall submit a report to the federal parliament, the federal member states and the public. after collection and consideration of the views of the federal member states, the public, and monitoring and evaluating the implementation and application of the final constitution and not less than six (6) months before the expiry of the second term of the somali federal parliament, the commission, in consultation with the chief justice of the constitutional court to ensure that the letter and spirit of the constitution is respected, shall revise its report and submit to the federal parliament its proposals, if any, for amending the constitution in terms of article 132. if the federal parliament approves one or more proposed amendments in terms of article 132, the federal parliament shall follow the procedures set forth in article 132 on the proposed revised constitution of the federal republic of somalia as amended. if a majority of those voting in the referendum mentioned in clause (4) vote to approve the final constitution as amended, that constitution becomes the constitution of the federal republic of somalia. title two. miscellaneous provisions article 138. coming into effect of this constitution this constitution comes into effect on the first day after approval by a national constituent assembly convened in terms of the roadmap agreement, the garowe 1 and garowe ii principles, the galkayo and the addis ababa agreements, the presidential decree and the relevant protocols. the effect of provisions and articles related to the upper house of the federal parliament wherever cited in this constitution, shall be postponed until such time when all federal member states are formed and their representatives sworn into office as members of the upper house of the federal parliament. pending the establishment of the upper house of the federal parliament, the house of the people shall perform all duties and functions provided for the upper house in this constitution and function as a unicameral federal legislature, faithfully taking into account the founding principle of power sharing in a federal system as stipulated in article 3 (3) of this constitution and the interests of somaliaâ��s regions when taking its decisions article 139. continuation of the laws all laws in force immediately before the effective date shall continue to be in force and shall be construed and applied with such alterations, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with this constitution until such time as such laws are amended or repealed. article 140. international obligations until the treaty imposing a treaty obligation in effect on the date that this constitution comes into force expires or is amended, that treaty obligation remains in effect. article 141. referendums whether required by this constitution, by law, or for another reason, in conducting a referendum, including the referendum to validate this provisional constitution, in conducting a referendum the authority conducting that referendum shall ensure that all eligible voters have opportunity to express their views in a free, direct and secret manner and in accordance with a law that the federal parliament shall enact establishing the procedures for referendums. the authority conducting a referendum shall ensure that: the referendum asks a question clearly, in a manner designed to elicit the genuine view of the voter and does not obscure the nature of the choice that the voter faces; and that neither a question, the design of the ballot paper nor the procedure suggests a particular answer to the question. article 142. existing federal member states in somalia until such time that all the federal member states of somalia are established and the adopted federal member state constitutions are harmonized with the somali federal constitution, the federal member states existing prior to the provisional adoption of this provisional constitution by a national constituent assembly shall retain and exercise powers endowed by their own state constitution. existing federal member states must be consulted in the decision-making process regarding the federal system, and security arrangements. article 143. repeal of the transitional federal charter the transitional federal charter ceases to exist upon the dissolution of the national constituent assembly. schedule one (a). the somali flag [image] schedule one (b). the somali emblem [image] schedule one (c). transition: proposed amendments to the constitution in the first term of the somali federal parliament in terms of article 133 and 134, the somali federal parliament shall propose and enact amendments to this provisional constitution, in conformity with agreements negotiated between the federal government and the existing federal member states and new federal member states, including but not limited to the following: to article 22, prescribing detailed methods of exercising the right of political participation; to article 32, concerning the right of access of information; to article 39, prescribing procedures for redress for violations of human rights; to article 41, establishing a human rights commission; to article 43, concerning dispositions of federal land; to article 47, concerning political parties and the electoral system; to articles 110 and 113, prescribing the obligations, duties, number of members, and procedures of independent commissions; to article 111j, concerning the ombudsman; to article 130, prohibiting private militias; to article 130, regulating private security companies; to articles 131, concerning states of emergency. schedule one (d). priority laws to be enacted in the first term of the somali federal parliament the drafting commission shall prioritize drafting projects concerning new laws, in conformity with agreements negotiated between the federal government and the existing federal member states and new federated states, including but not limited to the following: a law in terms of article 8, prescribing how to obtain or lose citizenship in the federal republic of somalia; a law in terms of article 9, prescribing the status of the capital city; a law in terms of article 30, concerning the establishment of private schools, institutes and universities; a law in terms of article 34, concerning the right to free legal aid to defendants in criminal cases; a law in terms of article 36, concerning the extradition of accused persons and criminals; a law in terms of article 37, concerning refugees and asylum; a law in terms of article 39, prescribing procedures for redress for violations of human rights; a law in terms of article 45, concerning the dumping of waste; a law in terms of article 49 concerning the number and boundaries of federal member states, and the resolution of boundary disputes; a law in terms of article 51, prescribing rules concerning collaborative relationships between the several levels of government; a law in terms of article 68, prescribing rules of procedure for the house of the people; a law in terms of article 70, defining the immunity of members of the somali federal parliament; a law in terms of article 75, prescribing rules of procedure for the upper house of the federal parliament; a law in terms of article 123, establishing the central bank of the federal republic of somalia; a law in terms of article 130, concerning the security forces; laws in terms of article 130, establishing specialized bodies as necessary to deal with anti-terrorism, anti-piracy, human trafficking and other organized crime; a law in terms of article 130, regulating the structure and functions of the federal police; a law in terms of article 130, regulating the relationships between the federal police service and the police services of the federal member states; a law in terms of article 130, to clarify the issue of obedience to illegal orders; a law in terms of article 130, concerning the establishment and operation of the special parliamentary committee for the armed forces; a law in terms of article 130, concerning the involvement of civilians in the oversight of the federal police service; a law in terms of article 141, concerning the conduct of a referendum. preamble we, the rulers of the emirates of abu dhabi, dubai, sharjah, ajman, um ai quwain and fujairah, reflecting our will and the will of the people of our emirates to form themselves into a federation to provide a better life and more enduring stability, and enjoy a higher international standing for the emirates and all their people; desiring to create closer links among themselves in the form of an independent sovereign federal state capable of protecting its existence and the existence of its members and cooperating with the sister arab states and with all other friendly member states of the united nations organization and of the community of nations, in general, on the basis of mutual respect and exchange of interests and benefits; desiring also to lay the foundation for federal rule in the coming years on a sound basis that reflects the reality and the capacity of the emirates at the present time, enables the federation to achieve its objectives, safeguards the identity of its members in a way consistent with these objectives and, at the same time, prepares the people of the federation for a dignified and free constitutional life while going ahead towards a full-fledged representative democratic regime in an islamic and arab community free of fear and anxiety; and realizing that it is our dearest desire and strongest determination to achieve all the above-mentioned in order to push ahead our country and our people up to take an appropriate place among the civilized states and nations, announce to allah, the supreme and almighty, and to all the people our approval of the constitution undersigned by us. may allah, the best protector and defender, grant us success. part i. principles and objectives article 1 the united arab emirates is an independent, sovereign, and federal state hereinafter referred to as (“the uae”). the uae consists of the following emirates: abu dhabi, dubai, sharjah, ras al-khaimah, ajman, umm al-quwain, and fujairah. any other independent arab state may, subject to the unanimous approval of the federal supreme council, join the uae. when admitting a new member to the uae, the federal supreme council determines the number of seats to be allocated to that member in the federal national council (fnc) in excess of the number provided in article 68 of the constitution. article 2 in assuming its responsibilities under the provisions of the constitution, the uae has sovereignty over all territory and territorial waters lying within the international boundaries of the member emirates. article 3 a member emirate shall exercise sovereignty over its own territories and territorial waters in all matters which are not within the jurisdiction of the uae under the constitution. article 4 the uae may not cede its sovereignty or relinquish any part of its territories or waters. article 5 the uae shall have a flag, an emblem and a national anthem. the flag and the emblem shall be specified by an act. an emirate shall have its own flag to use it within its territories. article 6 the uae is a part of the greater arab nation to which the uae is linked by the ties of religion, language, history and common destiny. the people of the uae are one people, and a part of the arab nation. article 7 islam is the official religion of the uae. the islamic shari’a is a main source of legislation in the uae. the official language of the uae is arabic. article 8 the citizens of the uae shall have a single nationality specified by law and shall enjoy abroad the protection of the federal government in accordance with the generally-accepted international principles. a citizen’s nationality may not be divested or withdrawn except as may be provided in law. article 9 abu dhabi city shall be the capital city of the uae. article 10 the objectives of the uae are as follows: maintain the uae’s independence and sovereignty. safeguard the uae’s security and stability. repel any aggression against the uae’s existence or the existence of its member states. protect the rights and freedoms of the people of the uae. establish close co-operation among the emirates for their common interest to achieve these objectives. promote the prosperity and progress of the emirates in all fields. provide a better life for all the citizens. each member emirate shall respect the independence and sovereignty of the other emirates in their internal affairs as provided in the constitution. article 11 the emirates of the uae shall form a united entity in terms of economy and customs. the federal laws shall regulate the appropriate gradual phases to achieve this unity. the free movement of all capital and goods among the emirates of the uae is guaranteed and may not be restricted except by a federal act. all taxes, duties, dues, and tolls imposed on the movement of goods from one member emirate to another emirate are hereby repealed. article 12 the foreign policy of the uae shall be directed towards supporting the arab and islamic causes and interests and towards establishing closer friendship and co-operation with all the nations and peoples on the basis of the principles of the charter of the united nations organization and international ideals. part ii. basic social and economic pillars of the uae article 13 the uae and the member emirates shall co-operate, each within the limits of its responsibilities and abilities, in executing the provisions of this part. article 14 equality, social justice, and providing safety, security, and equal opportunities to all the citizens are pillars on which the community is grounded. solidarity and shared sympathies are close links that tie the emirates together. article 15 the family is the cornerstone of the community. the fundamental principles on which the family is based are, religion, ethics and patriotism. the law safeguards the family’s existence and maintains and protects it from corruption. article 16 the community shall care for children and mothers, and protect minors and others who are unable to look after themselves for any reason, such as illness or incapacity or old age or forced unemployment, assist and rehabilitate them for their own interest and for the interest of the community. welfare and social security laws regulate these matters. article 17 education is a fundamental factor for the progress of the society. education is mandatory in its primary stage and is free of charge at all stages in the uae. the law lays down the necessary plans for disseminating and spreading everywhere all levels of education and for eradicating illiteracy. article 18 an individual or organization may establish a private school in accordance with the provisions of the law provided that the school must be subordinated to the supervision, and comply with the instructions, of the competent public authorities. article 19 the community shall provide all the citizens with medical care and means of prevention and treatment from diseases and epidemics and shall promote the establishment of public and private hospitals, clinics, and treatment houses. article 20 the community shall esteem work as a cornerstone of its development. the community shall provide jobs to the citizens, qualify them for those jobs, and create the suitable conditions for service by enacting legislation protecting the rights of the employees and the interests of the employers in the light of the advanced international labor legislation. article 21 private property is protected and the restrictions against it shall be specified by law. a person may not be deprived of his/her private property except in such circumstances as may be dictated by the public interest, in accordance with the provisions of law, and for equitable consideration. article 22 public property is inviolable. every citizen has the duty of protecting public property. the law specifies the cases in which violating that duty is punishable. article 23 the natural resources and wealth in each emirate are deemed the public property of that emirate. the community shall preserve and utilize in a good way those resources and wealth for the interest of the national economy. article 24 the national economy shall be grounded on social justice, shall mainly depend on faithful cooperation between the public and private activities, and shall seek to achieve economic development, increase productivity, raise the standards of living, and achieve prosperity for citizens as provided in law. the u.a.e. shall encourage co-operation and savings . part iii. freedoms, rights and public duties article 25 all persons are equal in law. there shall be no distinction among the citizens of the uae on the basis of race, nationality, faith or social status. article 26 personal liberty is guaranteed to all citizens. a person may not be arrested, searched, detained or imprisoned except in accordance with the provisions of the law. a person may not be subjected to torture or to degrading treatment. article 27 crimes and punishments shall be defined by the law. a person may not be punished for an act or omission committed before the relevant law is promulgated. article 28 penalty is personal. an accused is presumed innocent until proved guilty in a legal and fair trial. an accused person has the right to appoint as his/her attorney at law anyone who is capable to defend him/her in trial. the law specifies the cases where a counsel for defense must represent an accused person. an accused person may not be physically or morally harmed. article 29 freedom of movement and residence is guaranteed to the citizens as provided in law. article 30 freedom of opinion and of expressing that opinion verbally, in writing, or by any other medium of expression is guaranteed as provided in law. article 31 freedom of communication by post, telegraph and other means of communication and the secrecy thereof are guaranteed in accordance with the law. article 32 freedom to exercise religious worship is guaranteed in accordance with the generally-accepted traditions provided that such freedom is consistent with the public policy or does not violate the public morals. article 33 freedom of assembly and establishing associations is guaranteed as provided in law. article 34 a citizen is free to choose his work, profession or trade as provided in law and subject to the governing legislation. a person may not be subjected to forced labor except in such cases as may be provided in law and provided that such person is compensated for such labor. a person may not be enslaved. article 35 the door for holding a public office is open to all citizens on the basis of equal conditions and in accordance with the provisions of the law. a public office is a national service entrusted to the person who holds that office. a public servant shall, while performing his/her duties, seek to achieve only the public interest. article 36 a man’s housing is inviolable. a person may not enter another person’s house without the permission of those living in that house except in such cases and conditions as may be provided in the law. article 37 a citizen may not be deported or exiled from the uae. article 38 a citizen or a political refugee may not be extradited. article 39 public confiscation of property is prohibited. a person’s private property may not be confiscated except by court judgment and in such cases as may be provided in law. article 40 foreigners in the uae enjoy the rights and freedoms stipulated in the applicable international instruments or in the treaties and conventions to which the uae is a party and have to perform the duties which correspond to those rights and freedoms. article 41 a person has the right to file a complaint with a competent authority, including a judicial entity, against the violation of the rights and freedoms stated in this part. article 42 a person has the duty to pay such taxes and public levies as may be provided in law. article 43 defending the uae is a sacred duty of every citizen and performing military service is an honor which is regulated by law. article 44 respect of the constitution and the laws and of the orders issued by the public authorities in execution thereof, compliance with the public order, and respect of public morality are duties incumbent upon all the people living in the uae. part iv. the federal authorities article 45 the federal authorities consist of the following: the federal supreme council. the uae president and vice president. the federal council of ministers. the federal national council. the federal judiciary. chapter 1. the federal supreme council article 46 the federal supreme council is the highest authority in the uae. the federal supreme council consists of the rulers of all the member emirates of the uae; in case of a ruler’s absence or when it is not possible for a ruler to attend, the acting ruler in the emirate substitutes the ruler in the federal supreme council. an emirate has a single vote in the deliberations of the council. article 47 the federal supreme council has the following powers: draw up the general policy in all the matters vested in the uae by the constitution and consider anything that may achieve the goals of the uae and the common interest of the member emirates. sanction the federal laws before they are promulgated including the annual general budget act and the closing account act. sanction the decrees relating to the matters which, under the provisions of the constitution, must be sanctioned or approved by the supreme council before these decrees are promulgated by the president of the uae. sanction, by decree, the international treaties and conventions. upon a proposal by the president of the uae, approve the appointment of the prime minister of the uae, accept his resignation, and remove him from office. approve the appointment and accept the resignation and, in the cases provided in the constitution, the dismissal of the president and judges of the federal supreme court. in all cases, a decree is issued. exercise high oversight over the uae’s affairs, in general. assume such responsibilities as may be provided in the constitution or in the federal laws. article 48 the supreme council lays down its by-law including its operating procedure and the way of voting on its decisions. the council’s deliberations are held in camera. the supreme council shall establish a general secretariat staffed by an adequate number of officers to assist the council in performing its duties. article 49 the decisions of the supreme council on substantive matters are taken by majority of five of its members provided that abu dhabi and dubai emirates must be among the five members. the minority shall abide by the opinion of the majority. the decisions of the council on procedural matters are taken by majority vote. the council’s by-law specifies these matters. article 50 the sessions of the supreme council are held in the uae’s capital city and may be held in such other place as may be agreed upon in advance. chapter 2. the president and vice president article 51 the federal supreme council elects from among its members a president and a vice president. the vice president exercises all the powers of the president in the event of the president’s absence for any reason. article 52 the term of office of the president and the vice president is five years according to the gregorian calendar and may be re-elected for the same office. the president and the vice president takes, on assuming office, the following oath before the supreme council “i swear by allah, the great, that i shall be faithful to the united arab emirates; respect its constitution and laws; protect the interests of the people of the uae; discharge my duties honestly and faithfully, and safeguard the independence of the uae and its territorial integrity.” article 53 where the office of the president or the vice president falls vacant for death or resignation, or because any one of them ceases to be the ruler in his emirate for any reason, the supreme council is called into session within a month from that date to elect a successor to the vacant office for the period mentioned in article 52 hereof. in the event that the two offices of the president and the vice president of the supreme council become vacant at the same time, the council is immediately called into session by any one of its members or by the prime minister of the uae to elect a new president and vice president to fill the two vacant offices. article 54 the president of the uae has the following powers: preside over the supreme council and direct its discussions. convene and dismiss the supreme council as may be provided in the rules of procedure specified by the council in its by-law. the council must be convened if a member of the council so requests. call, if necessary, on the supreme council and the council of ministers to hold a joint session. sign and promulgate the federal laws, decrees and decisions sanctioned by the supreme council. subject to the approval of the supreme council, appoint the prime minister, accept his resignation, and relieve him from office; and, upon the proposal of the prime minister of the uae, appoint the deputy prime ministers and the ministers, accept their resignation, and relieve them from office. subject to the approval of the federal council of ministers, appoint the uae’s diplomatic representatives to foreign states and other civil and military senior federal officials except for the president and the judges of the federal supreme court, accept their resignation, and dismiss them. such appointment, acceptance of resignation, or dismissal must be done by decree in accordance with the federal laws. sign the letters of credence of the uae’s diplomatic representatives to foreign states and organizations, accept the credentials of diplomatic and consular representatives of foreign states to the uae, and receive their letters of credence; and sign the instruments appointing and accepting the credence of the representatives. supervise, through the federal council of ministers and the competent ministers, the implementation of federal laws, decrees and decisions. represent the uae internally, before the other states, and in all international relations. grant pardon, commutate punishment, and approve capital sentences in accordance with the provisions of the constitution and federal laws. confer civil and military decorations and medals of honor in accordance with the relevant laws. exercise such powers as may be vested in him by the supreme council or provided in the constitution or federal laws. chapter 3. the council of ministers article 55 the federal council of ministers consists of the prime minister, his deputies and a number of ministers. article 56 for a person to be a minister that person must be a citizen of the uae known for his competence and experience. article 57 the prime minister, his deputies and the ministers shall, before assuming office, take the following oath before the president of the uae: “i swear by allah, the great, that i shall be loyal to the united arab emirates; respect its constitution and laws; discharge my duties faithfully; completely observe the interests of the people of the uae, and completely safeguard the existence of the uae and its territorial integrity.” article 58 the law specifies the powers and responsibilities of the ministers and the powers of each minister. the first federal council of ministers shall be composed of the following ministries: foreign affairs interior defense finance, economy and industry justice education public health public works and agriculture communications, post, telegraph and telephone labor and social affairs information planning article 59 the prime minister presides over the meetings of the council of ministers, calls the council into session, runs its discussions, follows up the activities of the ministers, and supervises the co-ordination of activities among the ministries and in all the executive organs of the uae. one of the deputy prime ministers shall exercise all the powers of the prime minister in the event of the prime minister’s absence for any reason. article 60 the council of ministers, being the executive organ of the uae, manages under the high oversight of the president of the uae and the supreme council all the federal internal and foreign affairs as provided in the constitution and the federal laws. the council of ministers, in particular, exercises the following powers: follow up the implementation of the general policy of the uae government inside and outside the country. initiate federal bills and submit them to the federal national council before they are sent to the president of the uae for forwarding them to the supreme council for approval. lay down the federal annual general budget and closing account. prepare draft decrees and different decisions. issue such regulations as may be necessary for implementing the federal laws insomuch as these regulations do not amend, put on hold, or except certain persons from the implementation of these laws; and issue police regulations and other regulations regulating the public departments and administrations as provided in the constitution and the federal laws. a competent federal minister or any other administrative authority may be delegated, by special law provision or by the council of ministers, to issue some of these regulations. supervise, through all the competent authorities in the uae or in the emirates, the implementation of the federal laws, decrees, decisions and regulations. supervise the execution of judgments rendered by the federal courts and the implementation of international treaties and conventions concluded by the uae. appoint and dismiss federal employees in accordance with the provisions of the law provided that such appointment and dismissal does not need to be made by a decree. oversee the performance of activities in the federal public departments and administrations and the conduct and discipline of the federal employees in general. have such powers as may be vested in the council of ministers by law or determined by the supreme council within the limits of the constitution. article 61 the deliberations of the council of ministers are held in camera. the decisions of the council of ministers are issued by majority vote of its members. in case of equal vote, the prime minister has a casting vote. the minority shall abide by the opinion of the majority. article 62 while in office, the prime minister, the deputies of the prime minister, or any minister of the uae may not practice any professional, commercial or financial activity or enter into any commercial transactions with the government of the uae or the governments of the emirates or holds, besides his office, more than one official post in the government of an emirate. article 63 members of the council of ministers shall seek to serve the interests of the uae, enhance the public welfare, avoid completely to make personal benefits, and shall not exploit their official post in any way to their benefit or to the benefit of anyone with whom they have special relationship. article 64 the prime minister, his deputies and the ministers collectively are politically answerable to the president of the uae and the federal supreme council for implementing the internal and foreign general policy of the uae. each one of them is personally answerable to the president of the uae and the supreme council for the activities of his ministry or office. where the prime minister resigns, is removed from office, or is dead or where his office falls vacant for any reason whatsoever, the whole cabinet is deemed resigned. the president of the uae may ask the ministers to remain in office temporarily to manage urgent affairs till the new cabinet is formed. article 65 at the beginning of every financial year, the council of ministers submits to the president of the uae a detailed report on the internal achievements and on the uae’s relations with other states and international organizations. the president of the uae then submits the report to the supreme council. the report also contains the recommendations of the cabinet on the best ways to strengthen the foundations of the uae, consolidate its security and stability, and achieve its goals and progress in all fields. article 66 the council of ministers makes its own by-law including its rules of procedure. the council of ministers establishes a general secretariat staffed by a number of officers to assist the council in performing its duties. article 67 the law determines the salaries of the prime minister, his deputies and the other ministers. chapter 4. the federal national council section 1 article 68 the federal national council (fnc) consists of forty members. the seats of the fnc are distributed to the member emirates as follows: abu dhabi 8 seats dubai 8 seats sharjah 6 seats ras ai khaimah 6 seats ajman 4 seats umm ai quwain 4 seats fujairah 4 seats article 69 an emirate is free to determine the method of selection of its representatives in the fnc. article 70 for a person to be a member of the fnc, that person must: be a citizen of an emirate of the uae, and resides permanently in the emirate which that person represents in the fnc. be, when selected, not less than twenty-five years of age according to gregorian calendar. has civil capacity, is known for good manners and reputation, and has not previously been convicted of an offence against honor unless he has been rehabilitated in accordance with the law. has adequate knowledge of reading and writing. article 71 a person may not be a member of the fnc and at the same time holds a public office in the uae including ministerial portfolios. article 72 the term of membership in the fnc is four years, according to the gregorian calendar, commencing from the date the fnc holds its first session. article 73 before a member of the fnc assumes office in the fnc or in its committees, that member shall take the following oath before the fnc in a public session: “i swear by allah, the great, that i shall be loyal to the united arab emirates; respect the constitution and the laws of the uae, and discharge my duties in the fnc and its committees honestly and truthfully.” article 74 if, for any reason, a seat of a member of the fnc falls vacant before the end of the term of his membership, a substitute shall be selected within two months from the date the vacancy is announced by the fnc, unless the vacancy occurs during the three months preceding the end of the fnc’s term. the new member completes the term of membership of his predecessor. article 75 the sessions of the fnc are held in the capital city of the uae. the fnc, by way of exception, may by decision taken by majority vote of the members and subject to the approval of the council of ministers, hold its sessions in any other place in the uae. article 76 the fnc shall decide upon the validity of the mandate of its members. it shall also decide upon disqualifying members, if they lose one of the required conditions, by a majority of all its members and on the proposal of five among them. the fnc shall be competent to accept resignation from membership . the resignation shall be considered as final from the date of its acceptance by fnc article 77 a member of the fnc represents the entire people of the uae and not merely the emirate which that member represents in the fnc. section 2. rules of procedure article 78 the fnc meets in an annual regular session for a minimum of seven months, commencing on the third week of october every year. the fnc may be called into a special session, if necessary. the fnc may not hear at a special session any matter other than those for which it has been called into session. article 79 the fnc is called into session and is dismissed by decree issued by the president of the uae subject to the approval of the federal council of ministers. a meeting of the fnc convened without a formal call or in a place other than that specified for its meetings in the constitution is deemed invalid and has no effect. however, if the fnc is not convened for its annual regular session before the third week of november, the fnc is convened ipso facto on the twenty first of that month. article 80 the president of the uae inaugurates the regular annual session of the fnc and delivers a speech addressing the state of the union, the major events and matters which happened during the year, and the bills and reforms the federal government intends to make during the new session. the president of the uae may delegate the vice president or the prime minister to open the session or to deliver the inaugurating speech. the fnc selects, from among its members, a committee to prepare a draft reply to the inauguration speech containing the fnc’s remarks and wishes. after the reply is passed by the fnc, it is then sent to the president of the uae to be forwarded to the supreme council. article 81 a member of the fnc is not accountable for any opinions or views he expresses while performing his duties in the fnc or in its committees. article 82 except in case of flagrante delicto, no penal procedure may, without permission by the fnc, be taken against a member of the fnc while the fnc is in session. where such procedure is taken while the fnc is in recess, the fnc must be so notified. article 83 the fnc’s speaker and other members are entitled from the date of taking the oath before the fnc to such remuneration as may be specified by law in addition to travel expenses from their place of residence to the place where the fnc meets. article 84 the fnc shall have a bureau consisting of a chairman, first and second deputy chairman, and two controllers, all of whom are selected by the fnc from among its members. the term of office of the chairman and the chairman’s deputies expire with the end of the term of fnc or when it is dissolved, in accordance with the provisions of the second paragraph of article 88. the term of the office of the two controllers expires with the selection of two new controllers at the opening of the next regular annual session. where a post in the bureau becomes vacant, the fnc selects a substitute to fill that vacancy during the remaining period. article 85 the fnc shall have a general secretariat headed by a general secretary. the fnc’s by-law specifies the general secretary’s responsibilities. the fnc makes its by-law and the by-law is issued by decision of the president of the uae subject to the approval of the federal supreme council. article 86 the sessions of the fnc are held in public. secret sessions may be held upon the request of a representative of the government, the speaker of the fnc, or one third of the fnc’s members. article 87 a meeting of the fnc is valid only if attended by a majority of its members at least. the fnc’s resolutions are taken by absolute majority of the votes of the members present, except in cases where a special majority is required. in case of equal vote, the chairman of the session has a casting vote. article 88 the meetings of the fnc may, by decree issued by the president of the uae with the approval of the federal council of ministers, be adjourned for a period not exceeding one month provided that such adjournment is not repeated in one session except with the approval of the fnc and for once only. the period of adjournment is not calculated as part of the term of the regular session. the fnc may be dissolved by decree issued by the president of the uae with the approval of the federal supreme council provided that the decree of dissolution calls on the new fnc to meet within sixty days from the date of the decree of dissolution. the fnc may not be dissolved again for the same reason. section 3. powers of the fnc article 89 without prejudice to the provisions of article 110, federal bills, including financial bills, are presented to the fnc and, then, sent to the president of the uae who forward them for approval to the supreme council. the fnc discusses the bills brought before it and may approve, amend, or reject them. article 90 during its regular annual session, the fnc examines the federal annual general budget bill and the closing account bill as provided in part eight of the constitution. article 91 the government shall notify the fnc of the international treaties and conventions the government concludes with other states and the different international organizations together with the appropriate explanations. the president of the uae determines, by decision, the international treaties and conventions that must be referred to the fnc for consideration before they are approved. article 92 the federal national council may discuss any general issue pertaining to the affairs of the uae except where the council of the ministers notifies the fnc that discussing that issue is against the uae’s high interests. the prime minister or the competent minister attends the deliberations. the fnc may make recommendations and determine the issues that it desires to discuss. if the council of ministers does not approve the recommendations, it shall so notify the fnc of the reasons of disapproval. article 93 the government of the uae is represented in the meetings of the federal national council by the prime minister or one of his deputies, or at least by a member of the federal government . the prime minister, one of his deputies or the competent minister shall answer questions put to them by any member of the fnc requesting explanation of any matters within their jurisdiction , in conformity with the procedures prescribed in the by-law of the fnc . chapter 5. the judiciary in the uae and the emirates article 94 justice is the basis of government. in performing their duties, judges are independent and are influenced only by the rule of law and their own conscience. article 95 the uae has a federal supreme court and federal first instance courts as provided in the following articles. article 96 the federal supreme court consists of the chief justice and a maximum of five judges who are appointed by decree issued by the president of the uae after the approval of the supreme council. the law specifies the number of the chambers of the supreme court, its regulations, procedures, the conditions of service and retirement of its members, and the conditions and requirements that they must meet. article 97 the chief justice and the judges of the federal supreme court may not be removed from office while they administer justice. their tenure of office may not be terminated except for one of the following reasons: death. resignation. the expiration of the term of the contract of those who are appointed by contract or the completion of the term of secondment. reaching the retirement age. proved disability to perform their duties for health reasons. disciplinary dismissal for the reasons, and by the procedures, provided in law. assign other posts to them after their consent. article 98 before taking up their office, the chief justice and the judges of the federal supreme court swear before the president of the uae and in the presence of the uae minister of justice that they will render justice without fear or prejudice and that they will be loyal to the constitution and the laws of the uae. article 99 the federal supreme court has the following powers: decide on different disputes among the member emirates of the uae, or between any one or more emirates and the federal government in case that the dispute is remitted to the court upon the request of any of the concerned parties. consider the constitutionality of a federal law if it is challenged by one or more emirates on the grounds that it is in conflict with the constitution of the uae. the court also has the power to consider the constitutionality of a legislation enacted by an emirate if it is challenged by a federal authority on the grounds that it is in conflict with the constitution of the uae or the federal laws. consider the constitutionality of laws, legislations and regulations in general if it is so requested by any court in the country while hearing a relevant case. the concerned court shall comply with the decision of the federal supreme court rendered in this connection. interpret the provisions of the constitution, if it is so requested by any federal authority or by the government of any emirate. any such interpretation is binding on everyone. call into account the ministers and senior officials of the uae appointed by decree for their actions while performing their official duties upon the request of the supreme council and in accordance with the relevant law. decide on the crimes which directly affect the interests of the uae, such as the crimes relating to the uae’s internal or external security, forgery of the official records or seals of a federal authority, and counterfeiting of currency. hear the cases of conflict of jurisdiction between a federal court and a local court in an emirate. hear the cases of conflict of jurisdiction between a court in an emirate and a court in another emirate. the rules governing these cases are regulated by a federal law. any other powers provided in the constitution or which may be conferred upon the federal supreme court by a federal law. article 100 the federal supreme court sits in the capital city of the uae. the court may, by way of exception, sit when necessary in the capital city of any emirate. article 101 a judgment of the federal supreme court is final and binding upon everyone. if the court, when considering the constitutionality of a law, legislation or regulation, holds that a federal legislation is inconsistent with the federal constitution, or that local legislation or regulation under consideration contains provisions which are inconsistent with the federal constitution or a federal law, the concerned authority in the uae or in the emirate, as the case may be, shall immediately take the necessary measures to remove or correct the violation of the constitution. article 102 the uae shall have one or more federal court of first instance which shall sit in the permanent capital city of the uae or in certain capital cities of the emirates. a federal court of first instance has, within the territory of its jurisdiction, the powers to hear the following cases: the civil, commercial and administrative disputes between the uae and an individual no matter whether the uae is the plaintiff or the defendant. the crimes committed within the boundaries of the permanent capital city of the uae, with the exception of the matters reserved for the federal supreme court under article 99 of the constitution. personal status cases, civil and commercial cases and other cases between individuals, which arise in the permanent capital city of the uae. article 103 the law regulates all matters related to the federal courts of first instance in respect of its class, formation, and chambers; venue jurisdiction; the procedures to be followed before it; the oath to be sworn by its judges and their conditions of service; and the ways of appeal against its judgments. the law may provide that a judgment of the federal court of first instance may be heard before a chamber of the federal supreme court in such cases and in accordance with such procedures as may be determined by that law. article 104 the local judicial authorities in each emirate have jurisdiction in all judicial matters not assigned to the uae courts under the constitution. article 105 any or all of the powers conferred upon a local judicial authority under the preceding article may be transferred by federal law enacted upon the request of the emirate concerned, to the federal courts of first instance. a federal law specifies the cases where a judgment by a local judicial authority in a criminal, civil, commercial or any other lawsuit may be appealed before a federal courts. a federal court’s judgment on such appeal is final. article 106 there shall be a federal general attorney who is appointed by a federal decree issued with the approval of the council of ministers. the federal attorney general is assisted by a number of public prosecutors. the law regulates the matters relating to the members of the federal public prosecution office with respect to the way of their appointment, ranks, promotion, retirement and the qualifications that they must meet. the federal code of criminal procedure regulates the powers and procedures of the federal public prosecution office, and the authority conferred upon the law enforcement and public security officers who assist it in its functions. article 107 the president of the uae may, upon the proposal of the federal minister of justice and subject to the approval of a committee formed and chaired by the minister, pardon a convicted person from the execution of a sentence delivered by a federal judicial authority before the sentence is executed or while the punishment is being served or commute the punishment. the committee formed for this purpose consists of six members selected by the federal council of ministers for a renewable term of three years. the members of the committee are selected from citizens known for their wise judgment and efficiency. the membership of the committee is free of charge. the committee’s deliberations are held in camera and its decisions are taken by majority vote. article 108 a final death penalty delivered by a federal judicial authority is executed only after the president of the uae approves the sentence. the president of the uae may substitute a lesser sentence for the death penalty in accordance with the procedures provided in the preceding article. article 109 a full pardon from a crime or certain crimes is granted only by an act. an act of pardon remits the penalty and releases the convicted person from the execution of the entire penalty or from a part of the penalty that has yet to be served. part v. federal legislation and decrees and the competent authorities chapter 1. federal laws article 110 a federal law is enacted in accordance with the provisions of this article and other relevant provisions of the constitution. a bill becomes an act after the following procedures are taken: the council of ministers prepares the bill and sends it to the federal national council. the council of ministers submits the bill for approval to the president of the uae who forwards it for sanctioning to the supreme council. the president of the uae signs and promulgates the bill after it is sanctioned by the supreme council. if the federal national council introduces an amendment to a bill and that amendment is unacceptable to the president of the uae or the supreme council, or if the fnc rejects a bill, the president of the uae or the supreme council may return it to the fnc. if the fnc introduces an amendment to the bill which is unacceptable to the president of the uae or the supreme council, or if the fnc decides to reject the bill, the president of the uae may promulgate the bill after it is sanctioned by the supreme council. the word “bill” in this paragraph means the bill which is submitted to the president of the uae by the council of ministers including the amendments, if any, introduced to it by the fnc. notwithstanding the foregoing, if in the absence of the fnc, a need emerges for enacting a federal act, the federal council of ministers may take the necessary action for promulgating it by the supreme council and the president of the uae, provided that the fnc must be so notified at its next meeting. article 111 an act is published in the official gazette of the uae within a maximum of two weeks from the date it is signed and promulgated by the president of the uae after it is sanctioned by the supreme council. an act is put into operation after one month from the date it is published in the official gazette unless another date is specified in the act itself. article 112 an act applies only from the date it is put into operation and does not apply regressively. in non-criminal matters, an act may, when necessary, otherwise provides. chapter 2. decree laws article 113 if, while the supreme council is in recess, a state of urgency emerges which requires the enactment of a federal act, the president of the uae together with the council of ministers may promulgate that act in the form of a decree law insofar as that act is not in conflict with the constitution. a decree law must be submitted within a maximum of a week to the supreme council for approval or disapproval. if the decree law is approved, it takes the force of a law and the federal national council is so notified at its next meeting. if the supreme council disapproves the decree law, the decree law ceases to have the force of law unless the supreme council decides to sanction its application in the preceding period or settles in another way the effects resulting from its application. chapter 3. ordinary decrees article 114 for a decree to be promulgated, it must be approved by the council of ministers and sanctioned by the president of the uae or the supreme council, as the case may be. a decree is published in the official gazette after it is signed by the president of the uae. article 115 the supreme council may delegate the president of the uae together with the council of ministers to promulgate, in the absence of the supreme council, an urgent decree which in the ordinary course of action must have been sanctioned by the supreme council itself provided that the delegation of this power does not include the ratification of international treaties and conventions, or the declaration or lifting of martial law, or the declaration of a defensive war, or the appointment of the chief justice or the judges of the federal supreme court. part vi. the emirates article 116 an emirate exercises all the powers not conferred by the constitution upon the uae, participates in the uae’s structure, and benefits from its existence, services and protection. article 117 the regime in an emirate seeks, in particular, to keep security and order in its territories, provide public utilities, and raise the social and economic standards in the emirate. article 118 all the member emirates of the uae shall seek to harmonize their legislation in the different fields to unify that legislation as far as possible. two or more emirates may, subject to the approval of the supreme council, gather together in a political or administrative unit, or unify all or part of their public services, or establish a single or joint administration to run any such service. article 119 a federal law regulates the matters pertaining to the execution of judgments, judicial delegation, serving legal documents, and the extradition of criminals from an emirate of the uae to another, for the purpose of facilitating these matters. part vii. distribution of legislative, executive and international jurisdictions between the uae and the emirates article 120 the uae has exclusive legislative and executive jurisdiction in the following matters: foreign affairs. defense and the federal armed forces. protection of the uae’s security against internal or external threats. the matters pertaining to security, order, and government in the permanent capital city of the uae. the matters relating to federal officers and the federal judiciary. the federal finance, taxes, duties and dues. the federal public loans. post, telegram, telephone, and wireless services. paving, maintaining, and improving such roads as the supreme council may deem main roads, and regulating the traffic movement on those roads. air control and issuing licenses to aircrafts and pilots. education. public health and medical services. cash and currency. measures, standards and weights. electricity services. the federal nationality, passports, residence and immigration. the federal properties and all matters relating thereto. the matters relating to census and statistics for federal purposes. federal mass communication. article 121 without prejudice to the provisions of the preceding article, the uae has exclusive legislative jurisdiction in the following matters: labor relations and social security; ownership of real properties and expropriation for the public interest; extradition of criminals; banks; all types of insurance; protection of agricultural and animal wealth; major legislation relating to the penal, civil, and commercial codes; company law, civil and criminal procedure codes; protection of intellectual, technical and industrial property rights; copyright; and printing and publishing rights; importation of arms and ammunitions except for use by the security forces of any emirate; other aviation matters that do not lie within the federal executive jurisdiction; delimitation of the territorial waters and regulation of navigation in the high seas; and regulation of the free financial zones, the manner in which they are established, and how far they are excluded from scope of application of the federal legislative provisions. article 122 the emirates shall have jurisdiction in all the matters not conferred exclusively upon the federal authorities as provided in the two preceding articles. article 123 by way of exception from article 120, paragraph (1), which provides that the uae has exclusive jurisdiction in the matters of foreign policy and international relations, a member emirate of the uae may conclude limited conventions of a local and administrative nature with the neighboring countries provided that such conventions must not be in conflict with the interests of the uae or the federal laws and that the federal supreme council be so notified in advance. if the supreme council objects to the conclusion of these conventions, the matter must be put on hold until the federal court decides as quickly as possible on that objection. an emirate may retain its membership in, or join, the opec organization and the organization of arab petroleum exporting countries. article 124 before the conclusion of any international treaty or convention, which may affect the status of an emirate, the competent federal authorities shall consult with that emirate in advance. in case of disagreement, the matter is submitted to the federal supreme court to rule on such dispute. article 125 the governments of the emirates shall take the appropriate measures to implement the federal laws and the international treaties and conventions concluded by the uae including the enactment of the local laws, regulations, decisions and orders necessary for such implementation. the federal authorities may supervise the implementation by the emirates’ governments of the federal laws and decisions, the international treaties and conventions, and the federal court judgments. the competent administrative and judicial authorities in the emirates shall provide to the federal authorities all possible assistance in this connection. part viii. financial affairs of the uae article 126 the general revenues of the uae shall consist of the income from the following resources: taxes, fees and duties imposed under a federal law in matters within the legislative and executive jurisdiction of the uae. fees and rates received by the uae in return for services provided. contribution made by member emirates of the uae in the federal annual general budget in accordance with the article herein coming after. federal income from its own properties. article 127 the member emirates of the uae shall contribute a specified proportion of their annual revenues to cover the annual general budget expenditure of the uae, in the manner and on the scale to be prescribed in the budget law. article 128 the law shall prescribe the method of preparing the general budget of the uae and the final accounts. the law shall also define the beginning of the financial year. article 129 the draft annual budget of the uae, comprising estimates of revenues and expenditure, shall be referred to the federal national council at least two months before the beginning of the financial year, for discussion and submission of comments thereon, before the draft budget is submitted to the federal supreme council, together with those comments, for assent. article 130 the annual general budget shall be issued by a law. in all cases, where the budget law has not been promulgated before the beginning of the financial year, temporary monthly funds may be made by federal decree on the basis of one twelfth of the funds of the previous financial year. revenues shall be collected and expenditure disbursed in accordance with the laws in force at the end of the preceding financial year. article 131 all expenditure not provided for in the budget, all expenditure in excess of the budget estimates and all transfers of sums from one part to another of the budget must be covered by a law. notwithstanding the foregoing, in cases of extreme urgency, such expenditure or transfer may be arranged by decree-law in conformity with the provisions of article 113 of this constitution. article 132 the uae shall allocate in its annual budget a sum from its revenue to be expended on building, and construction projects, internal security and social affairs according to the urgent needs of some of the emirates. the execution of these projects and the disbursement thereon shall be drawn from these funds, and accomplished by means of and under the supervision of the competent federal bodies with the agreement of authorities of the emirates concerned. the uae may establish a special fund for this purpose. article 133 no federal tax may be imposed, amended or abolished except by virtue of law. no person may be exempted from payment of such taxes except in the cases specified by law. federal taxes, duties and fees may not be levied on any person except within the limits of the law and in accordance with its provisions. article 134 no public loan may be contracted except by a federal law. no commitment involving the payment of sums from federal exchequer in a future year or years may be concluded except by means of a federal law. article 135 the final accounts of the financial administration of the uae for the completed financial year shall be referred to the federal national council within the four months following the end of the said year, for its comments thereon, before their submission to the supreme council for approval, in the light of the auditor-general's report. article 136 an independent federal department headed by an auditor-general who shall be appointed by decree, shall be established to audit the accounts of the uae and its organs and agencies, and to audit any other accounts assigned to the said department for that purpose in accordance with the law. the law shall regulate this department and shall define its jurisdiction and the competence of those working therein, and the guarantees to be given to it, its head and the employees working in it in order that they may carry out their duties in the most efficient manner. part ix. armed forces and security forces article 137 every attack upon any member emirates of the uae shall be considered an attack upon all the emirates and upon the existence of the uae itself, which all federal and local forces will co-operate to repel by all means possible. article 138 the uae shall have army, navy and air forces with unified training and command. the commander in chief of these forces and the chief of the general staff shall be appointed and dismissed by means of a federal decree. the uae may have federal security forces. the federal council of ministers shall be responsible directly to the president of the uae and the federal supreme council for the affairs of all these forces. article 139 the law shall regulate military service, general or partial mobilization, the rights and duties of members of the armed forces, their disciplinary procedures and similarly the special regulations of the federal security forces. article 140 the declaration of defensive war shall be declared by a federal decree issued by the president of the uae after its approval by the supreme council. offensive war shall be prohibited in accordance with the provisions of international charters. article 141 a supreme defense council shall be set up under the chairmanship of the president of the uae. among its members shall be the vice president of the uae, the prime minister of the uae, the ministers of foreign affairs, defense, finance, interior, the commander in chief and the chief of the general staff. it shall advise and offer views on all matters pertaining to defense maintenance of the peace and security of the uae, forming of the armed forces, their equipment and development and the determination of their posts and camps. the council may invite any military adviser or expert or other persons it wishes to attend its meetings but they shall have no decisive say in its deliberations. all matters pertaining to this council shall be regulated by means of a law. article 142 the state alone has the right to establish armed land, naval, and air forces. article 143 any emirate shall have the right to request the assistance of the federal armed forces or the security forces in order to maintain security and order within its territories whenever it is exposed to danger. such a request shall be submitted immediately to the federal supreme council for decision. the president of the uae and the federal council of ministers collectively, may, if the supreme council is not in session, take any immediate measure which cannot be delayed and considered necessary and may call the supreme council into immediate session. part x. final provisions article 144 if the supreme council considers that the topmost interests of the uae require the amendment of this constitution, it shall submit a draft constitutional amendment to the federal national council. the procedure for approving the constitutional amendment shall be the same as the procedure for approving laws. the approval of the federal national council for a draft constitutional amendment shall require the agreement of two-thirds of the votes of members present. the president of the uae shall sign the constitutional amendment in the name of the supreme council and as its representative and shall promulgate the amendment. article 145 under no circumstances, may any of the provisions of this constitution be suspended, except when martial law is in force and within the limits specified by the rules regulating martial law. notwithstanding the foregoing, sessions of the federal national council may not be suspended during that period nor may the immunity of its members be violated. article 146 in case of necessity defined by law, martial law shall be declared by a decree promulgated with the approval of the supreme council on the basis of a proposal made by the president of the uae with the consent of the federal council of ministers. such decree shall be notified to the federal national council at its next meeting. martial law shall be similarly lifted by decree issued with the approval of the supreme council when the need, for which it was imposed, no longer exists. article 147 nothing in the application of this constitution shall affect treaties or agreements concluded by member emirates with states or international organizations unless such treaties or agreements are amended or abrogated by agreement between the parties concerned. article 148 all matters established by laws, regulations, decrees, orders and decisions in the various member emirates of the uae in effect upon the coming into force of this constitution, shall continue to be applicable unless amended or replaced in accordance with the provisions of this constitution. similarly, the measures and organizations existing in the member emirates shall continue to be effective until the promulgation of laws amending them in accordance with the provisions of the constitution. article 149 as an exception to the provisions of article 121 of this constitution, the emirates may promulgate legislations necessary for the regulation of the matters set out in the said article without violation of the provisions of article 151 of this constitution. article 150 the federal authorities shall strive to issue the laws referred to in this constitution as quickly as possible so as to replace the existing legislations and systems, particularly those which are not consistent with the provisions of the constitution. article 151 the provisions of this constitution shall prevail over the constitutions of the member emirates of the uae and the federal laws which are issued in accordance with the provisions of this constitution shall have priority over the legislations, regulations and decisions issued by the authorities of the emirates. in case of conflict, that part of the inferior legislation which is inconsistent with the superior legislation shall be rendered null and void to the extent that removes the inconsistency. in case of dispute, the matter shall be referred to the federal supreme court for its ruling. article 152 this constitution shall take effect from the date to be fixed in a declaration to be issued by the rulers signatories to this constitution. preamble myanmar is a nation with magnificent historical traditions. we, the national people, have been living in unity and oneness, setting up an independent sovereign state and standing tall with pride. due to colonial intrusion, the nation lost her sovereign power in 1885. the national people launched anti-colonialist struggles and national liberation struggles, with unity in strength, sacrificing lives and hence the nation became an independent sovereign state again on 4th january 1948. in order to gain independence speedily, the constitution was hastily drafted, and it was adopted by the constituent assembly on 24th september 1947. after attaining independence, parliamentary democracy system was practised in the state in accord with the constitution of the union of myanmar. however, as democratic system could not be effectively materialized, the new constitution of the socialist republic of the union of myanmar was drafted based on the single party system, and after holding a national referendum, a socialist democratic state was set up in 1974. the constitution came to an end because of the general situation occurred in 1988. later, due to public aspirations, the state peace and development council made efforts to adopt multi-party democratic system and market economy in accord with the national situation. as an enduring constitution, that guarantees long-term benefits, has become essential for the future nation, the state peace and development council convened the national convention in 1993. persons who are well experienced in various aspects of politics, security, administration, economics, social and law as well as national races representatives of all townships in the nation took part in the national convention. despite many difficulties and disturbances encountered the national convention, it was unwaveringly reconvened in 2004 in accord with the seven-step roadmap adopted in 2003. as the national convention was able to adopt the basic principles and detailed basic principles for formulating a constitution, it successfully concluded on 3rd september 2007. we, the national people, drafted this constitution of the republic of the union of myanmar in accord with the basic principles and detailed basic principles laid down by the national convention. we, the national people, firmly resolve that we shall: steadfastly adhere to the objectives of non-disintegration of the union, non-disintegration of national solidarity, and perpetuation of sovereignty; stalwartly strive for further burgeoning the eternal principles namely justice, liberty, equality and perpetuation of peace and prosperity of the national people; uphold racial equality, living eternally in unity fostering the firm union spirit of true patriotism; constantly endeavour to uphold the principles of peaceful co-existence among nations with a view to having world peace and friendly relations among nations. do hereby adopt this constitution of the republic of the union of myanmar through a nation-wide referendum on the tenth day of kasone waning, 1370 m.e. (the twenty-ninth day of may, 2008 a.d.) chapter i. basic principles of the union part 1. the republic of the union of myanmar myanmar is an independent sovereign nation. the state shall be known as the republic of the union of myanmar. the state is where multi-national races collectively reside. the sovereign power of the union is derived from the citizens and is in force in the entire country. the territory of the state shall be the land, sea, and airspace which constitutes its territory on the day this constitution is adopted. part 2. basic principles the union's consistent objectives are: non-disintegration of the union; non-disintegration of national solidarity; perpetuation of sovereignty; flourishing of a genuine, disciplined multi-party democratic system; enhancing the eternal principles of justice, liberty and equality in the union and; enabling the defence services to be able to participate in the national political leadership role of the state. the union practises genuine, disciplined multi-party democratic system. the union is constituted by the union system. 9 the existing seven divisions are designated as seven regions and the existing seven states are designated as seven states. those seven regions and seven states are of equal status. the names of those seven regions and seven states are retained as they exist. if it is desired to change the name of a region or a state, it shall be done so with the enactment of a law after ascertaining the desire of citizens residing in the region or state concerned. no part of the territory constituted in the union such as regions, states, union territories and self-administered areas shall ever secede from the union. 11 the three branches of sovereign power namely, legislative power, executive power and judicial power are separated, to the extent possible, and exert reciprocal control, check and balance among themselves. the three branches of sovereign power, so separated are shared among the union, regions, states and self-administered areas. 12 the legislative power of the union is shared among the pyidaungsu hluttaw, region hluttaws and state hluttaws. legislative power stipulated by this constitution shall be shared to the self-administered areas. the pyidaungsu hluttaw consisting of two hluttaws, one hluttaw elected on the basis of township as well as population, and the other on an equal number of representatives elected from regions and states. there shall be a region hluttaw in each of the seven regions, and a state hluttaw in each of the seven states. the pyidaungsu hluttaw, the region hluttaws and the state hluttaws include the defence services personnel as hluttaw representatives nominated by the commander-in-chief of the defence services in numbers stipulated by this constitution. for national races with suitable population, national races representatives are entitled to participate in legislature of regions or states and self-administered areas concerned. the head of the union and the head of executive of the union is the president. 17 the executive power of the union is shared among the pyidaungsu, regions and states; self-administrative power shall be shared between self-administered areas as prescribed by this constitution. in the executive of the union, regions, states, union territory, self-administered areas and districts, defence services personnel, nominated by the commander-in-chief of the defence services to undertake responsibilities of the defence, security, border administration, so forth, shall be included. for national races of which representatives are so permitted to participate in legislature of regions, states or self-administered areas in accord with section 15, such representatives are to be permitted to participate, mainly, to undertake their national races affairs. 18 the judicial power of the union is shared among the supreme court of the union, high courts of the regions, high courts of the states and courts of different levels including courts of self-administered areas. there shall be one supreme court of the union. the supreme court of the union is the highest court of the republic. the supreme court of the union has powers to issue writs. a high court of the region or state is constituted in each region or state. the following are prescribed as judicial principles: to administer justice independently according to law; to dispense justice in open court unless otherwise prohibited by law; to guarantee in all cases the right of defence and the right of appeal under law. 20 the defence services is the sole patriotic defence force which is strong, competent and modern. the defence services has the right to independently administer and adjudicate all affairs of the armed forces. the commander-in-chief of the defence services is the supreme commander of all armed forces. the defence services has the right to administer for participation of the entire people in union security and defence. the defence services is mainly responsible for safeguarding the non-disintegration of the union, the non-disintegration of national solidarity and the perpetuation of sovereignty. the defence services is mainly responsible for safeguarding the constitution. 21 every citizen shall enjoy the right of equality, the right of liberty and the right of justice, as prescribed in this constitution. no citizen shall be placed in custody for more than 24 hours without the permission of a court. every citizen is responsible for public peace and tranquility and prevalence of law and order. necessary law shall be enacted to make citizens' freedoms, rights, benefits, responsibilities and restrictions effective, steadfast and complete. the union shall assist: to develop language, literature, fine arts and culture of the national races; to promote solidarity, mutual amity and respect and mutual assistance among the national races; to promote socio-economic development including education, health, economy, transport and communication, so forth, of less-developed national races. the union shall: enact necessary laws to protect the rights of the peasants; assist peasants to obtain equitable value of their agricultural produce. the union shall enact necessary laws to protect the rights of workers. the union shall assist to promote the interests of the intellectuals and intelligentsia. 26 civil services personnel shall be free from party politics. the union shall enact necessary laws for civil services personnel to have security and sufficiency of food, clothing and shelter, to get maternity benefits for married women in service, and to ease livelihood for welfare of retired service personnel. the union shall assist development, consolidation and preservation of national culture. the union shall: earnestly strive to improve education and health of the people; enact the necessary law to enable national people to participate in matters of their education and health; implement free, compulsory primary education system; implement a modern education system that will promote all-around correct thinking and a good moral character contributing towards the building of the nation. the union shall provide inputs, such as technology, investments, machinery, raw materials, so forth, to the extent possible for changeover from manual to mechanized agriculture. the union shall provide inputs, such as technology, investments, machinery, raw materials, so forth, to the extent possible, for development of industries. the union shall, to the extent possible, assist to reduce unemployment among the people. the union shall: care for mothers and children, orphans, fallen defence services personnel's children, the aged and the disabled; ensure disabled ex-defence services personnel a decent living and free vocational training. the union shall strive for youth to have strong and dynamic patriotic spirit, the correct way of thinking and to develop the five noble strengths. every citizen is equally entitled to freedom of conscience and the right to freely profess and practise religion subject to public order, morality or health and to the other provisions of this constitution. the economic system of the union is market economy system. the union shall: permit all economic forces such as the state, regional organizations, cooperatives, joint-ventures, private individual, so forth, to take part in economic activities for the development of national economy; protect and prevent acts that injure public interests through monopolization or manipulation of prices by an individual or group with intent to endanger fair competition in economic activities; strive to improve the living standards of the people and development of investments; not nationalize economic enterprises; not demonetize the currency legally in circulation. the union: is the ultimate owner of all lands and all natural resources above and below the ground, above and beneath the water and in the atmosphere in the union; shall enact necessary law to supervise extraction and utilization of state-owned natural resources by economic forces; shall permit citizens right of private property, right of inheritance, right of private initiative and patent in accord with the law. 38 every citizen shall have the right to elect and be elected in accord with the law. electorate concerned shall have the right to recall elected people's representatives in accord with the provisions of this constitution. the union shall enact necessary law to systematically form political parties for flourishing of a genuine, disciplined multi-party democratic system. 40 if there arises a state of emergency characterized by inability to perform executive functions in accord with the provisions of the constitution in a region or a state or a self-administered area, the president is empowered to exercise executive power in that region, state or self-administered area and, if necessary in doing so, the president is empowered to exercise legislative powers concerning that region, state or self-administered area in accord with the provisions of this constitution. if there arises or there is sufficient reason to arise a state of emergency endangering life and property of the people in a region, state or self-administered area, the defence services has the right, in accord with the provisions of this constitution, to prevent that danger and provide protection. if there arises a state of emergency that could cause disintegration of the union, disintegration of national solidarity and loss of sovereign power or attempts therefore by wrongful forcible means such as insurgency or violence, the commander-in-chief of the defence services has the right to take over and exercise state sovereign power in accord with the provisions of this constitution. the union practises independent, active and non-aligned foreign policy aimed at world peace and friendly relations with nations and upholds the principles of peaceful coexistence among nations. 42 the union shall not commence aggression against any nation. no foreign troops shall be permitted to be deployed in the territory of the union. no penal law shall be enacted to provide retrospective effect. no penalty shall be prescribed that violates human dignity. the union shall protect and conserve natural environment. a constitutional tribunal shall be set up to interpret the provisions of the constitution, to scrutinize whether or not laws enacted by the pyidaungsu hluttaw, the region hluttaws and the state hluttaws and functions of executive authorities of pyidaungsu, regions, states and self-administered areas are in conformity with the constitution, to decide on disputes relating to the constitution between pyidaungsu and regions, between pyidaungsu and states, among regions, among states, and between regions or states and self-administered areas and among self-administered areas themselves, and to perform other duties prescribed in this constitution. the basic principles set forth in this chapter, and chapter 8, citizen, fundamental rights, and duties of the citizen, the term "union" means person or body exercising the legislative or executive authority of the union under this constitution according as the context may require. the basic principles of the union shall be the guidance in enacting laws by legislature and in interpreting the provisions of this constitution and other laws. chapter ii. state structure the union is delineated and constituted by seven regions, seven states and the union territories as follows: kachin state; kayah state; kayin state; chin state; sagaing region; taninthayi region; bago region; magway region; mandalay region; mon state; rakhine state; yangon region; shan state; ayeyawady region; and union territories. 50 nay pyi taw, the capital of the union, prescribed as union territory, shall be under the direct administration of the president. if there arises a need to specify areas that have special situations concerning national defence, security, administration and economy, so forth, those areas may be prescribed as union territories under the direct administration of the president after enacting law. the union is constituted as follows: villages are organized as village-tract; wards are organized as town or township; village-tracts and wards or towns are organized as township; townships are organized as district; districts are organized as region or state; townships in a self-administered zone are organized as self-administered zone; townships in a self-administered division are organized as district and such districts are organized as self-administered division; if there are self-administrated zone or self-administered division in a region or a state, those self-administered divisions, self-administered zones and districts are organized as region or state; regions, states and union territories are organized as the republic. 52 if there arises a need to re-delineate the territorial boundary of the union, the president shall firstly intimate the head of the pyidaungsu hluttaw to ask for the opinion of the pyidaungsu hluttaw. the head of the pyidaungsu hluttaw, after receiving the intimation of the president, shall obtain the opinion of the hluttaw representatives as follows: assenting votes of more than half of the total number of representatives in the hluttaw, elected in equal numbers from regions and states; assenting votes of more than half of the total number of representatives in the hluttaw, elected as representatives on the basis of township as well as population; assenting votes of more than half of the total number of representatives of the two hluttaws from the region or state involved in the boundary concerned. the head of the pyidaungsu hluttaw, after obtaining the assenting votes as mentioned above, shall inform the president for re-delineating the territorial boundary of the union as necessary. in accord with the above-mentioned procedures, if either of the hluttaws, or representatives from the region or state involved in the territorial boundary concerned resolve against re-delineation, the opinion of the pyidaungsu hluttaw shall be obtained. if three-fourths and above of the total number of the pyidaungsu hluttaw representatives cast assenting votes, the head of the pyidaungsu hluttaw shall inform the president to re-delineate the territorial boundary as necessary. the president shall take necessary measures for re-delineation of the territorial boundary of the union, as necessary, after obtaining the opinion of the pyidaungsu hluttaw. 53 if there arises a cause to re-delineate the territorial boundary of a region or a state, the prior consent of the electorate residing within the township concerned shall be obtained. in obtaining consent, re-delineation of the territorial boundary shall not be executed at all in the absence of assenting votes of more than half of the total number of the electorate residing within the township concerned. if more than half of the total number of eligible voters residing within the township concerned cast assenting vote for re-delineation of the territorial boundary, the consent of the hluttaw representatives of the region or state involved in the territorial boundary concerned shall be obtained. the president shall re-delineate the territorial boundary of the region or state concerned with the consent of the pyidaungsu hluttaw, after obtaining the assenting votes of three-fourths and above of the total number of representatives from the region or the state concerned. the resolution of the pyidaungsu hluttaw shall be obtained if a region hluttaw or a state hluttaw concerned decided against re-delineation of the territorial boundary. the president shall, as necessary, re-delineate the territorial boundary of a region or a state if three-fourths and above of the total number of representatives in the pyidaungsu hluttaw assent to the re-delineation of the territorial boundary. where there arises a situation to alter or form the territorial boundary or change the name of a village, village-tract, ward, town, township or district of a region, state, self-administered division or self-administered zone concerned, the president shall act, as necessary, upon the recommendation of the chief minister of the region or state concerned. if it is desired to change the name of a self-administered division or self-administered zone, the same procedure shall be applied as in the case of changing the name of a region or state. the self-administered divisions and self-administered zones are delineated as follows: grouping leshi, lahe and namyun townships in sagaing division as naga self-administered zone; grouping ywangan and pindaya townships in shan state as danu self-administered zone; grouping hopong, hsihseng and pinlaung townships in shan state as pa-o self-administered zone; grouping namhsan and manton townships in shan state as pa laung self-administered zone; grouping konkyan and laukkai townships in shan state as kokang self-administered zone; grouping six townships â��â± hopang, mongma, panwai, nahpan, metman and pangsang (pankham) townships in shan state as two districts which are forged into 'wa' self-administered division. chapter iii. head of state the president and vice-presidents the president and vice-presidents represent the union. the president of the republic of the union of myanmar takes precedence over all other persons throughout the republic of the union of myanmar. qualifications of the president and vice-presidents are as follows: shall be loyal to the union and its citizens; shall be a citizen of myanmar who was born of both parents who were born in the territory under the jurisdiction of the union and being myanmar nationals; shall be an elected person who has attained at least the age of 45; shall be well acquainted with the affairs of the union such as political, administrative, economic and military; shall be a person who has resided continuously in the union for at least 20 years up to the time of his election as president; proviso: an official period of stay in a foreign country with the permission of the union shall be counted as a residing period in the union; shall he himself, one of the parents, the spouse, one of the legitimate children or their spouses not owe allegiance to a foreign power, not be subject of a foreign power or citizen of a foreign country. they shall not be persons entitled to enjoy the rights and privileges of a subject of a foreign government or citizen of a foreign country; shall possess prescribed qualifications of the president, in addition to qualifications prescribed to stand for election to the hluttaw. 60 the president shall be elected by the presidential electoral college. the presidential electoral college shall be formed with three groups of the pyidaungsu hluttaw representatives as follows: group formed with elected hluttaw representatives in the hluttaw with an equal number of representatives elected from regions and states; group formed with elected hluttaw representatives in the hluttaw elected on the basis of township and population; group formed with the defence services personnel hluttaw representatives nominated by the commander-in-chief of the defence services for the said two hluttaws. each group shall elect a vice-president from among the hluttaw representatives or from among persons who are not hluttaw representatives. the pyidaungsu hluttaw and a body comprising the heads and deputy heads of the two hluttaws in the pyidaungsu hluttaw shall scrutinize whether or not the vice-presidents possess the qualifications prescribed for the president. the presidential electoral college comprising all the pyidaungsu hluttaw representatives shall elect by vote one of the three vice-presidents who are presidential candidates, as the president. necessary law shall be enacted for the election of president and vice-presidents. 61 the term of office of the president or the vice-presidents is five years. after the expiry of the incumbent term, the president and the vice-presidents shall continue their duties until the time the new president is duly elected. the president and the vice-presidents shall not serve more than two terms. an interim period to serve as the president or the vice-president shall not be counted as one term of office. if a vacancy is filled for the president or the vice-president for any reason, the term of office of the new president or the new vice-president shall be up to the expiry of the original term of office. the president or the vice-presidents shall not be representative of any hluttaw. if the president or the vice-presidents are hluttaw representatives, they shall be deemed to have resigned from their seats in that hluttaw, and if the president or the vice presidents are the civil services personnel, they shall be deemed to have resigned or retired from their offices from the day of their election. if the president or the vice-presidents are members of a political party, they shall not take part in its party activities during their term of office from the day of their election. the president and the vice-presidents shall make an affirmation as follows: "i ........... do solemnly and sincerely promise and declare that i will be loyal to the republic of the union of myanmar and the citizens and hold always in esteem non-disintegration of the union, non-disintegration of national solidarity and perpetuation of sovereignty. i will uphold and abide by the constitution and its laws. i will carry out the responsibilities uprightly to the best of my ability and strive for further flourishing the eternal principles of justice, liberty and equality. i will dedicate myself to the service of the republic of the union of myanmar." the president or the vice-presidents shall exercise duties and powers vested by this constitution and other laws. the president and the vice-presidents shall not hold any other office or position of emolument. the president and the vice-presidents shall furnish a list of family assets under his direction, namely land, houses, buildings, businesses, savings and other valuables together with their values to the head of the pyidaungsu hluttaw. the president and the vice-presidents shall receive the emoluments, allowances and insignia of office as prescribed by law. each shall also be provided with an appropriate official residence. except in the case of removal from office following impeachment, the president and the vice-presidents shall enjoy pension and suitable allowances on retirement in accord with the law after the expiry of the term of office. 71 the president or any vice-president may be impeached for one of the following reasons: high treason; breach of the provisions of this constitution; misconduct; being disqualified for the president or vice-president under provisions as prescribed in this constitution; inefficient discharge of duties assigned by law. if it be required to impeach the president or any vice-president, a charge signed by not less than one-fourth of the total number of representatives of either hluttaw included in the pyidaungsu hluttaw shall be submitted to the head of the hluttaw concerned. action shall proceed only when this charge is supported by not less than two-thirds of the total number of representatives of the hluttaw concerned. if one hluttaw supports the taking of action, the other hluttaw shall form a body to investigate this charge. the president or the vice-president shall have the right to refuse the charge himself in person or through a representative when it is investigated. if, after the investigation, not less than two-thirds of the total number of representatives of the hluttaw which investigated the charge or caused the investigation to be initiated passed the resolution that the charge has been substantiated and renders the president or the vice-president unfit to continue in office, the hluttaw concerned shall submit to the head of the pyidaungsu hluttaw such resolution to remove the impeached president or the impeached vice-president from office. the head of the pyidaungsu hluttaw shall declare the removal of the president or the vice-president immediately after the receipt of the submission. the president or any of the vice-presidents shall be allowed to resign from office of his own volition before the expiry of the term of office. 73 one of the two vice-presidents who has won the second highest votes in the presidential election shall serve as acting president if the office of the president falls vacant due to his resignation, death, permanent disability or any other cause. if the office of the president becomes vacant when the pyidaungsu hluttaw is in session, the acting president shall promptly intimate the head of the pyidaungsu hluttaw to fill the vacancy within seven days. on receipt of the intimation from the acting president, the head of the pyidaungsu hluttaw shall proceed to elect a vice-president by the group of hluttaw representatives concerned that initially elected the vice-president who subsequently got elected president, the office now being vacant. after the group of hluttaw representatives concerned has elected a vice-president, the electoral college comprising all the pyidaungsu hluttaw representatives shall elect the president from among the three vice-presidents. if the office of the president becomes vacant when the pyidaungsu hluttaw is not in session, the head of the pyidaungsu hluttaw shall summon the pyidaungsu hluttaw within 21 days from the day of receipt of the intimation from the acting president and proceed to hold election to fill the vacant office of the president in accord with the above procedure. if the office of a vice-president becomes vacant before the expiry of the term by reason of his resignation, death, permanent disability or any other cause when the pyidaungsu hluttaw is in session, the president shall promptly intimate the head of the pyidaungsu hluttaw to elect a vice-president within seven days by the group of hluttaw representatives concerned that elected the said vice-president. when the pyidaungsu hluttaw is not in session, the head of the pyidaungsu hluttaw shall summon the pyidaungsu hluttaw within 21 days from the day of receipt of the intimation from the president and proceed with the election of a vice-president by the group of hluttaw representatives concerned in accord with the prescribed procedure. chapter iv. legislature a. the pyidaungsu hluttaw part 1. the formation of the pyidaungsu the pyidaungsu hluttaw comprises of the following two hluttaws: in accord with the provisions of section 109, the pyithu hluttaw formed with hluttaw representatives elected on the basis of township as well as population and hluttaw representatives being the defence services personnel nominated by the commander-in-chief of the defence services; in accord with the provisions of section 141, the amyotha hluttaw formed with hluttaw representatives elected in equal numbers from regions and states and hluttaw representatives being the defence services personnel nominated by the commander-in-chief of the defence services. part 2. the head and the deputy heads of the respective hluttaws on the day of commencement of the first hluttaw session for each term of the hluttaw concerned, the person who is to conduct and supervise the hluttaw session held for the taking of affirmation of office by hluttaw representatives and for electing the hluttaw speaker and deputy speaker shall be called the chairperson, the head and the deputy head of the pyidaungsu hluttaw shall be called the speaker and the deputy speaker, the head and the deputy head of the pyithu hluttaw, the amyotha hluttaw, the region hluttaw or the state hluttaw shall be called the speaker and the deputy speaker. part 3. performance of duties by the speaker and the deputy speaker of the pyidaungsu hluttaw 76 the speaker and the deputy speaker of the amyotha hluttaw shall also serve as the speaker and the deputy speaker of the pyidaungsu hluttaw from the day of term of the pyithu hluttaw commences up to the end of 30 months and the speaker and the deputy speaker of the pyithu hluttaw shall also serve as the speaker and the deputy speaker of the pyidaungsu hluttaw for the remaining term. when the speaker of the pyidaungsu hluttaw is unable to perform the duties of the speaker, the deputy speaker shall temporarily perform the duties of the speaker. part 4. functions of the speaker of the pyidaungsu hluttaw the speaker of the pyidaungsu hluttaw shall: supervise the pyidaungsu hluttaw sessions; invite the president, if he is intimated of the president's desire to address the pyidaungsu hluttaw; have the right to invite organizations or persons representing any of the union level organizations formed under the constitution to attend the pyidaungsu hluttaw session and give clarifications on matters relating to ongoing discussions, if necessary; perform other duties and powers prescribed by the constitution or any law. part 5. convening the sessions of the pyidaungsu hluttaw the first regular session of the pyidaungsu hluttaw shall be held within 15 days from the first day of the commencement of the first session of the pyithu hluttaw. the speaker of the pyidaungsu hluttaw shall convene the pyidaungsu hluttaw. the speaker of the pyidaungsu hluttaw shall convene the pyidaungsu hluttaw regular session at least once a year. the maximum interval between the two regular sessions shall not exceed twelve months. the following functions shall be carried out at the pyidaungsu hluttaw session: recording the address delivered by the president; reading and recording the message sent by the president and other messages permitted by the speaker; submitting, discussing and resolving on a bill; discussing and resolving on the remarks of the president concerning a bill approved by the pyidaungsu hluttaw; discussing and resolving on matters to be undertaken by the pyidaungsu hluttaw in accord with the provisions of the constitution; discussing, resolving and recording the reports submitted to the pyidaungsu hluttaw; submitting proposals, discussing and resolving; raising questions and replying; undertaking matters approved by the speaker of the pyidaungsu hluttaw. matters that require resolutions, consents and approvals of the pyidaungsu hluttaw shall be implemented as follows: if the pyidaungsu hluttaw is in session, the matter shall be discussed and resolved at that session; if the pyidaungsu hluttaw is not in session, the matter shall be discussed and resolved at the nearest pyidaungsu hluttaw session; a special session or an emergency session shall be convened to discuss and resolve matters which need urgent action in the interest of the public. the speaker of the pyidaungsu hluttaw may convene a special session or an emergency session, if necessary. the speaker of the pyidaungsu hluttaw shall convene a special session or an emergency session as soon as possible when the president informs him to do so. the speaker of the pyidaungsu hluttaw shall convene a special session as soon as possible, if at least one-fourth of the total number of the representatives so require. 85 the first day session of the pyidaungsu hluttaw shall be valid if more than half of the total number, who have the right to attend the session, are present. the session, if invalid, shall be adjourned. the sessions that are adjourned due to invalidity in accord with the sub-section (a) as well as the valid sessions that are extended shall be valid if at least one-third of the hluttaw representatives are present. 86 a matter that shall be resolved in the pyidaungsu hluttaw, save as otherwise provided by the constitution, shall be determined by a majority of votes of the representatives of the pyidaungsu hluttaw who are present and voting. the speaker of the pyidaungsu hluttaw or the deputy speaker acting as such shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes. if a representative of the pyidaungsu hluttaw is, without permission of the speaker of the pyidaungsu hluttaw, absent from sessions of the pyidaungsu hluttaw for a period of at least 15 consecutive days, the speaker shall inform the hluttaw concerned to take action against the representative according to the prescribed procedures. in computing the said period of 15 days, no account shall be taken of any period during which the session is adjourned. although there are vacant seats, the pyidaungsu hluttaw shall have the right to carry out its functions. moreover, the resolutions and proceedings of the pyidaungsu hluttaw shall not be annulled, notwithstanding the acts of some person who was not entitled to do so sat or voted or took part in the proceedings are later discovered. the proceedings and the records of the pyidaungsu hluttaw shall be published. however, the proceedings and the records prohibited by any law or the resolution of the pyidaungsu hluttaw shall not be published. members of the organizations representing any of the union level organizations formed under the constitution while attending the pyidaungsu hluttaw with the permission of the speaker have the right to explain, converse and discuss the bills and other matters in connection with the respective organization. the union level organizations formed under the constitution may submit the general situation in connection with the respective organization, which should be submitted to the pyidaungsu hluttaw with the permission of the speaker. 92 subject to the provisions of the constitution and the provisions of the law relating to the pyidaungsu hluttaw, the representatives of the pyidaungsu hluttaw shall have freedom of speech and voting at the pyidaungsu hluttaw and the pyidaungsu hluttaw joint committee. concerning the submitting, discussing and performing at the pyidaungsu hluttaw and the joint committee, no action shall be taken against, a representative of the pyidaungsu hluttaw, except under its law. subject to the provisions of the constitution and the provisions of the law relating to the pyidaungsu hluttaw, members of the organizations or persons representing any of the union level organizations formed under the constitution who are invited to attend the pyidaungsu hluttaw session have the freedom of speech. no action shall be taken against such members or persons for their submission and speeches in pyidaungsu hluttaw by other law except under its law. if the persons mentioned in sub-sections (a) and (b) committed assault in exercising the said privileges, they shall be liable to punishment under the regulations, by-laws, procedures of the pyidaungsu hluttaw or the existing law. if there is a need to arrest a pyidaungsu hluttaw representative attending the pyidaungsu hluttaw session or a person attending the pyidaungsu hluttaw session with the permission or invitation of the speaker of the pyidaungsu hluttaw, credible evidence shall be submitted to the speaker of the pyidaungsu hluttaw. he shall not be arrested without the prior permission of the speaker of the pyidaungsu hluttaw. no action shall be instituted relating to the reports, documents, and hluttaw records published by the pyidaungsu hluttaw or under its authority. part 6. legislation 95 if a bill initiated in the pyithu hluttaw or the amyotha hluttaw is approved by both hluttaws, it shall be deemed that the bill is approved by the pyidaungsu hluttaw. if there is a disagreement between the pyithu hluttaw and the amyotha hluttaw concerning a bill, the bill shall be discussed and resolved in the pyidaungsu hluttaw. the pyidaungsu hluttaw shall have the right to enact laws for the entire or any part of the union related to matters prescribed in schedule one of the union legislative list. 97 when the pyidaungsu hluttaw enacts a law, it may: authorize to issue rules, regulations and by-laws concerning that law to any union level organization formed under the constitution; authorize to issue notifications, orders, directives and procedures to the respective organization or authority. the rules, regulations, notifications, orders, directives, and procedures issued under the power conferred by any law shall be in conformity with the provisions of the constitution and the relevant law. if both the pyithu hluttaw and the amyotha hluttaw resolve to annul or amend any rule, regulation or by-law, it shall be deemed that the rule, regulation, or by-law is annulled or amended by the pyidaungsu hluttaw. if there is a disagreement to annul or amend any rule, regulation or by-law between the pyithu hluttaw and the amyotha hluttaw, it shall be discussed and resolved at the pyidaungsu hluttaw. if a resolution is passed to annul or amend any rule, regulation or by-law under sub-section (c) or (d), the resolution shall be without prejudice to the validity of any action previously taken under the relevant rule, regulation or by-law. part 7. legislation relating to other matters the legislative power is vested in the pyidaungsu hluttaw relating to other matters not enumerated in the legislative list of the union, region or state and self-administered division leading body or self-administered zone leading body. part 8. legislation relating to union territories the pyidaungsu hluttaw shall enact the required laws if the need arises to do so for the union territories relating to matters for which legislative powers are vested to the region hluttaw or the state hluttaw, or self-administered division leading body or self-administered zone leading body. part 9. submission of a bill 100 the union level organizations formed under the constitution shall have the right to submit the bills relating to matters they administered among the matters included in the union legislative list to the pyidaungsu hluttaw in accord with the prescribed procedures. bills relating to national plans, annual budgets and taxation, which are to be submitted exclusively by the union government shall be discussed and resolved at the pyidaungsu hluttaw in accord with the prescribed procedures. the bills submitted to the pyidaungsu hluttaw by the union level organizations formed under the constitution, except the bills that are prescribed in the constitution to be discussed and resolved exclusively at the pyidaungsu hluttaw, are entitled to initiate and discuss at either the pyithu hluttaw or the amyotha hluttaw in accord with the prescribed procedures. the bills, which are to be discussed and resolved exclusively at the pyidaungsu hluttaw need to be vetted before being discussed at the pyidaungsu hluttaw, those bills shall be vetted jointly by the pyithu hluttaw bill committee and the amyotha hluttaw bill committee, and the findings and remarks of the joint committee together with the bill may be submitted to the pyidaungsu hluttaw session in accord with the prescribed procedures. part 10. submission of the union budget bill 103 the president or the person assigned by him, on behalf of the union government, shall submit the union budget bill to the pyidaungsu hluttaw. the following matters included in the union budget bill shall be discussed at the pyidaungsu hluttaw but not refused or curtailed: salary and allowance of heads and members of the union level organizations formed under the constitution and expenditures of those organizations; debts for which the union is liable and expenses relating to the debts, and other expenses relating to the loans taken out by the union; expenditures required to satisfy judgment, order, decree of any court or tribunal; other expenditures which are to be charged by any existing law or any international treaty. approval, refusal and curtailing of other expenditures except the expenditures specified in sub-section (b) shall be passed by the majority consent of the pyidaungsu hluttaw. the union government shall perform as necessary in accord with the union budget law enacted by the pyidaungsu hluttaw. if in respect of the relevant financial year a need has arisen to authorize the estimated receipts and authorized expenditures in the union budget law enacted by the pyidaungsu hluttaw and in addition to estimate receipts and to authorize expenditures, the supplementary appropriation law shall be enacted in the above manner. the union government shall perform as necessary in accord with the supplementary appropriation law enacted by the pyidaungsu hluttaw. part 11. ordinance when the president after promulgating an ordinance submits it to the pyidaungsu hluttaw for approval, the pyidaungsu hluttaw shall: resolve to approve the ordinance or not; if it is approved determine the period, the ordinance shall continue to be in operation; if it is disapproved, cease to operate from the day of its disapproval. part 12. promulgation as law 105 the president shall sign the bills approved or the bills deemed to be approved by the pyidaungsu hluttaw, within 14 days after the day of receipt, and shall promulgate it as law. the president, within the prescribed period, may send the bill back to the pyidaungsu hluttaw together with his comments. if the president does not send the bill back to the pyidaungsu hluttaw together with his signature and comments within the prescribed period, or if the president does not sign to promulgate, on the day after the completion of that period, the bill shall become a law as if he had signed it. 106 if the president sends the bill back to the pyidaungsu hluttaw together with his comments within the prescribed period, the pyidaungsu hluttaw, after discussion of the president's comments, may accept his comment and resolve to amend the bill or may resolve to approve the bill as it is without accepting the president's comment. when the bill which is amended in accord with the president's comment or the bill which is approved as it is without accepting the president's comment is sent back to him by the resolution of the pyidaungsu hluttaw, the president shall sign the bill and promulgate it as law within seven days after receiving the bill back. if the bill sent back by the pyidaungsu hluttaw is not signed by the president within the prescribed period, it shall become law as if he had signed it on the last day of the prescribed period. the laws signed by the president or the laws deemed to have been signed by him shall be promulgated by publication in the official gazette. the law shall come into operation on the day of such promulgation unless the contrary intention is expressed. the pyidaungsu hluttaw: shall give the resolution on matters relating to ratifying, annulling and revoking from international, regional or bilateral treaties, agreements submitted by the president; may confer the authority on the president to conclude, annul and revoke any kind of international, regional or bilateral treaties or agreements without the approval of the pyidaungsu hluttaw. b. pyithu hluttaw part 1. formation of the pyithu hluttaw the pyithu hluttaw shall be formed with a maximum of 440 hluttaw representatives as follows: not more than 330 pyithu hluttaw representatives elected prescribing electorate in accord with law on the basis of township as well as population or combining with an appropriate township which is contagious to the newly-formed township if it is more than 330 townships; not more than 110 pyithu hluttaw representatives who are the defence services personnel nominated by the commander-in-chief of the defence services in accord with the law. part 2. election of the pyithu hluttaw chairperson 110 a pyithu hluttaw representative shall be elected as the chairperson at the commencement of the first session of the pyithu hluttaw for its term. the chairperson shall take an affirmation of office before the pyithu hluttaw; the chairperson shall supervise the pyithu hluttaw session up to the completion of the election of the speaker and the deputy speaker of the pyithu hluttaw. part 3. election of the speaker and the deputy speaker of the pyithu hluttaw 111 the pyithu hluttaw representatives shall elect a speaker and a deputy speaker from among the pyithu hluttaw representatives. when the seat of the speaker or the deputy speaker becomes vacant, the substitution shall be made at the nearest session of the pyithu hluttaw. when the speaker is unable to perform the duties of the speaker, the deputy speaker shall temporarily perform the duties of the speaker. the law relating to procedures to elect the speaker and the deputy speaker of the pyithu hluttaw shall be enacted. part 4. functions of the speaker of the pyithu hluttaw the speaker of the pyithu hluttaw shall: supervise the pyithu hluttaw sessions; invite the president, if he is intimated of the president's desire to address the pyithu hluttaw; have the right to invite members of the organization or persons representing any of the union level organizations formed under the constitution to attend the pyithu hluttaw and give clarifications on matters relating to ongoing discussions of the pyithu hluttaw session, if necessary; perform other duties and exercise powers prescribed by the constitution or any law. part 5. performance and termination of duties of the speaker and the deputy speaker of the pyithu hluttaw 113 the speaker and the deputy speaker of the pyithu hluttaw shall perform their duties until the first session of the next term of the pyithu hluttaw is held. if the speaker or the deputy speaker resigns or has ceased to be a pyithu hluttaw representative, or has no right to continue to stand as a pyithu hluttaw representative, or is suspended from his position as the speaker or the deputy speaker by the pyithu hluttaw, or has passed away, he shall have ceased from his position. duties, powers and rights of the speaker and the deputy speaker of the pyithu hluttaw shall be prescribed by law. formation of the pyithu hluttaw committee, commission and bodies part 6. formation of the pyithu hluttaw committee, commission and bodies 115 the pyithu hluttaw shall form bill committee, public accounts committee, hluttaw rights committee, and government's guarantees, pledges and undertakings vetting committee with the pyithu hluttaw representatives. when the occasion arises to have studies made and submitted on defence and security matters or military affairs, the pyithu hluttaw shall form the defence and security committee with the pyithu hluttaw representatives who are the defence services personnel, for a limited time. the defence and security committee so formed may, if necessary, be included suitable pyithu hluttaw representatives who are not the defence services personnel in accord with the volume of work. if there arises a need to study and submit other affairs, in addition to legislature, executive, national races affairs, economics, finance, social and foreign affairs, hluttaw committees may be formed with the pyithu hluttaw representatives for a limited time. the pyithu hluttaw shall determine the number of members, duties, powers, rights, and terms of pyithu hluttaw committees. if there arises a certain matter to co-ordinate with the amyotha hluttaw, the pyithu hluttaw may elect and assign its representatives who will serve with the joint committee comprising an equal number of representatives from the pyithu hluttaw and the amyotha hluttaw to form that committee. the term of the joint committee shall be until the time they have submitted the report to the hluttaw concerned. when both the pyithu hluttaw and the amyotha hluttaw have certain matters to study, apart from matters to be performed by the committees as prescribed in sub-sections (a) and (b) of section 115, the speakers of these hluttaws may co-ordinate among themselves and form a joint committee comprising an equal number of representatives from the pyithu hluttaw and the amyotha hluttaw. the pyithu hluttaw may elect and assign the pyithu hluttaw representatives included in that committee. the term of the joint committee shall be until the time they have submitted the report to the hluttaw concerned. 118 if there arises a need to study the remaining matters other than those studied by the pyithu hluttaw committees, the pyithu hluttaw may form commissions and bodies with the pyithu hluttaw representatives or including suitable citizens. in forming the above commissions and bodies, the pyithu hluttaw shall determine the number of members, duties, powers, rights, and the terms of the said commissions and bodies. part 7. term of the pyithu hluttaw the term of the pyithu hluttaw is five years from the day of its first session. part 8. qualification of the pyithu hluttaw representatives persons who possess the following qualifications shall be entitled to be elected as the pyithu hluttaw representatives: person who has attained the age of 25 years; citizen who was born of both parents who are citizens; person who has resided in the union of myanmar for at least ten consecutive years up to the time of his election as pyithu hluttaw representative; proviso: the official period of stay in a foreign country with the permission of the union shall be counted as a residing period in the union, person who possesses qualifications prescribed by the election law. part 9. disqualification for the pyithu hluttaw representatives the following persons shall not be entitled to be elected as the pyithu hluttaw representatives: a person serving prison term, having been convicted by the court concerned for having committed an offence; a person who has no right to be elected a pyithu hluttaw representative due to having committed an offence relating to disqualification for the pyithu hluttaw representative and being convicted for such offence, unless the period specified by the authority for him has not expired, before or after the constitution comes into operation; person who is of unsound mind as adjudged by the relevant law; person who is an undischarged insolvent as being declared by the relevant court; person who owes allegiance to a foreign government, or subject to a foreign government or a citizen of a foreign country; person who is entitled to enjoy the rights and privileges of a subject of a foreign government or a citizen of a foreign country; person himself or is of a member of an organization who obtains and utilizes directly or indirectly the support of money, land, housing, building, vehicle, property, so forth, from government or religious organization or other organizations of a foreign country; person himself or is of a member of an organization who abets the act of inciting, giving speech, conversing or issuing declaration to vote or not to vote based on religion for political purpose; member of a religious order; civil services personnel; proviso: the expression shall not be applied to civil services personnel including the defence services personnel selected and appointed in the hluttaws and organizations formed under the constitution. person himself or is of a member of an organization who obtains and utilizes directly or indirectly the state-owned money, land, housing, building, vehicle, property, so forth; proviso: the expression 'state-owned money' does not include pension, allowance, money or salary, allowances, money officially granted by the union for services rendered for the benefit of the union; the expression 'state-owned land, housing, building, vehicles and property' does not include state-owned land, housing, building and apartments, other building and apartments, state-owned aircraft, trains, vessels and motor vehicles and property, so forth, which have been permitted by the union to be used under an existing law or as required by duty, or leased from the union on payment. a person who has no right to be elected a pyithu hluttaw representative due to having committed a malpractice under relating to the election law or acting an omission relating to disqualification for a pyithu hluttaw representative being convicted under the election law, the period specified by the authority for him has not expired, before or after the constitution comes into operation. part 10. qualifications of the pyithu hluttaw representatives who are the defence services personnel the defence services personnel, nominated by the commander-in-chief of the defence services as pyithu hluttaw representatives who are the defence services personnel in accord with the law, shall possess the prescribed qualifications for the pyithu hluttaw representatives. part 11. convening the pyithu hluttaw session the first regular session of a term of the pyithu hluttaw shall be held within 90 days after the commencement of the general election. 124 the first regular session of the pyithu hluttaw shall be held by the state peace and development council after the constitution comes into operation. the first regular sessions for the forthcoming terms of the pyithu hluttaw shall be held by the speaker of the pyithu hluttaw who continues to perform his duties in accord with the provisions of the constitution. 125 the representatives of the pyithu hluttaw shall take an affirmation of office as mentioned in schedule four before the chairperson of the pyithu hluttaw at the first regular session of the pyithu hluttaw. the representatives of the pyithu hluttaw who have not taken an affirmation of office shall do so before the speaker of the hluttaw at the session of the pyithu hluttaw at which they first attend. the speaker of the pyithu hluttaw shall convene the regular session at least once a year. the maximum interval between regular sessions shall not exceed 12 months. the following functions shall be carried out at the pyithu hluttaw session: recording the address delivered by the president; reading and recording the message sent by the president and other messages permitted by the speaker; submitting, discussing and resolving on a bill; discussing and resolving on the matters to be undertaken by the pyithu hluttaw in accord with the provisions of the constitution; discussing, resolving and recording the reports submitted to the pyithu hluttaw; submitting proposals, discussing and resolving; raising questions and replying; performing matters approved by the speaker of the pyithu hluttaw. 128 the first day session of the pyithu hluttaw shall be valid if more than half of the total number of the hluttaw representatives, who have the right to attend the session, are present. the session, if invalid, shall be adjourned. the sessions that are adjourned due to invalidity in accord with the sub-section (a) as well as the valid sessions that are extended will be valid if at least one-third of the hluttaw representatives are present. 129 a matter that shall be resolved in the pyithu hluttaw, save as otherwise provided by the constitution, shall be determined by a majority of votes of the pyithu hluttaw representatives who are present and voting. the speaker of the pyithu hluttaw or the deputy speaker discharging duties as the speaker at the pyithu hluttaw shall not vote in the first instance in the sessions of the pyithu hluttaw, but shall have and exercise a casting vote in the matter of an equality of votes. 130 if a pyithu hluttaw representative is, without permission of the pyithu hluttaw, absent from a pyithu hluttaw session for a period of at least 15 consecutive days, the pyithu hluttaw may declare his seat vacant. in computing the said period of 15 days, no account shall be taken of any period during which the session is adjourned. if the speaker of the pyidaungsu hluttaw informed the pyithu hluttaw that a pyithu hluttaw representative is absent from a pyidaungsu hluttaw session for a period of 15 consecutive days without permission, the pyithu hluttaw shall take action against the said representative in accord with the prescribed procedures. although there are vacant seats, the pyithu hluttaw shall have the right to carry out its functions. moreover, the resolutions and proceedings of the pyithu hluttaw shall not be annulled, notwithstanding the acts of some person who was not entitled to do so sat or voted or took part in the proceedings are later discovered. the proceedings and the records of the pyithu hluttaw shall be published. however, the proceedings and the records prohibited by any law or the resolution of the pyithu hluttaw shall not be published. 133 subject to the provisions of the constitution and the law relating to the pyithu hluttaw, the pyithu hluttaw representatives shall have freedom of speech and voting at the pyithu hluttaw and the pyithu hluttaw committee. concerning the discussing, submitting and performing at the pyithu hluttaw and the pyithu hluttaw committees, no action shall be taken against a pyithu hluttaw representative except under its law. subject to the provisions of the constitution and the provisions of the law relating to the pyithu hluttaw, members of the organizations or persons representing any of the union level organizations formed under the constitution who are permitted or invited to attend the session of the pyithu hluttaw or any committee of the pyithu hluttaw have the freedom of speech at the pyithu hluttaw and the pyithu hluttaw committees. no action shall be taken against such members or persons for their submissions and speeches in the pyithu hluttaw and the pyithu hluttaw committees by other law except under its law. if the persons mentioned in sub-sections (a) and (b) committed assault in exercising the said privileges, they shall be liable to punishment under the regulations, by-laws, procedures of the pyithu hluttaw or the existing laws. 134 if there is a need to arrest a pyithu hluttaw representative attending the session or a person attending the pyithu hluttaw session with the permission or invitation of the speaker of the pyithu hluttaw, the credible evidence shall be submitted to the speaker of the pyithu hluttaw. he shall not be arrested without the prior permission of the speaker of the pyithu hluttaw. if there is a need to arrest a member of a committee or commission or the body of the pyithu hluttaw attending session of any committee or session of commission or the body formed by the pyithu hluttaw, the credible evidence shall be submitted to the speaker of the pyithu hluttaw through the head of the committee or commission or body concerned. he shall not be arrested without the prior permission of the speaker of the pyithu hluttaw. if a pyithu hluttaw representative is arrested, the pyithu hluttaw or the pyithu hluttaw committee or the commission or the body formed by the pyithu hluttaw is not in session, the credible evidence in support of such arrest shall as soon as possible be submitted to the speaker of the pyithu hluttaw. no action shall be instituted relating to the reports, documents, and hluttaw records published by the pyithu hluttaw or under its authority. part 12. submission of bill bills relating to other matters , except the matters prescribed in the constitution that the bill shall be submitted and passed exclusively by the pyidaungsu hluttaw stated in the schedule one of union legislative list, shall be initiated in the pyithu hluttaw in accord with the prescribed procedures. 137 after issuing any rule, regulation or by-law in accord with the law enacted by the pyidaungsu hluttaw, the body concerned shall distribute and submit the said rule, regulation or by-law to its representatives at the nearest regular session of the pyithu hluttaw with the permitted arrangement of the speaker of the hluttaw. if it is found that a rule, regulation or by-law is in conformity with the provisions of relevant law, hluttaw representatives may move to annul or amend the rule, regulation or by-law to the pyithu hluttaw within 90 days from the day that rule, regulation or by-law is submitted and distributed. if there is a disagreement between the pyithu hluttaw and the amyotha hluttaw to annul or amend any rule, regulation or by-law, it shall be submitted to the pyidaungsu hluttaw. 138 if bills submitted by any union level organization formed under the constitution are sent in accord with the prescribed procedures of the pyidaungsu hluttaw, it shall be deemed that such bills are initiated in the pyithu hluttaw, and shall be discussed and resolved in the pyithu hluttaw. bills relating to other matters , except the matters prescribed in the constitution that the bill shall be submitted and passed exclusively by the pyidaungsu hluttaw stated in the union legislative list, shall be initiated in the pyithu hluttaw in accord with the law. such bills shall be discussed and resolved by the pyithu hluttaw under the prescribed procedures. the bills passed by the pyithu hluttaw shall be sent to the amyotha hluttaw to continue to discuss and resolve. 139 after receiving a bill sent by the amyotha hluttaw, the pyithu hluttaw may resolve to agree or disagree, or agree with amendments in accord with the resolution of the amyotha hluttaw. the bill shall be sent back to the amyotha hluttaw together with the resolution of the pyithu hluttaw. when the pyithu hluttaw receives the bill with amendments from the amyotha hluttaw it shall, if it accepts the bill with amendments of the amyotha hluttaw, send to the speaker of the pyidaungsu hluttaw. if there is a disagreement between the pyithu hluttaw and the amyotha hluttaw relating to the bill sent to the amyotha hluttaw, the pyithu hluttaw shall take the resolution of the pyidaungsu hluttaw. members of the organization representing any union level body formed under the constitution are entitled: to explain, converse and discuss bills or matters relating to their bodies when they are attending the pyithu hluttaw session with the permission of the speaker of the pyithu hluttaw; to explain, converse and discuss bills or matters relating to their bodies when they are attending sessions of the committees, commissions and bodies of the pyithu hluttaw with the permission of the head of the committee, commission or body concerned. c. amyotha hluttaw part 1. formation of the amyotha hluttaw the amyotha hluttaw shall be formed with a maximum of 224 hluttaw representatives as follows: 168 amyotha hluttaw representatives elected in an equal number of 12 representatives from each region or state inclusive of relevant union territories and including one representative from each self-administered division or self-administered zone; 56 amyotha hluttaw representatives who are the defence services personnel nominated by the commander-in-chief of the defence services in accord with the law, four representatives from each region or state inclusive of relevant union territories; in forming the amyotha hluttaw as mentioned in sub-sections (a) and (b), the relevant union territory means the union territories, prescribed under the constitution, or prescribed by law of the pyidaungsu hluttaw, which are inclusive in state or division, region or state for the purpose of electing the amyotha hluttaw representative. part 2. election of chairperson of the amyotha hluttaw election of chairperson of the amyotha hluttaw shall be carried out subject to the provisions relating to the election of chairperson of the pyithu hluttaw under section 110. part 3. election of the speaker and the deputy speaker of the amyotha hluttaw election of the speaker and the deputy speaker of the amyotha hluttaw shall be carried out subject to the provisions relating to the election of the speaker and the deputy speaker of the pyithu hluttaw under section 111. part 4. duties of the speaker of the amyotha hluttaw the duties of the speaker of the amyotha hluttaw shall be subject to the provisions relating to the duties of the speaker of the pyithu hluttaw under section 112. part 5. performance and termination of duties of the speaker and the deputy speaker of the amyotha hluttaw performance and termination of duties of the speaker and the deputy speaker of the amyotha hluttaw shall be subject to the provisions relating to the performance and termination of duties of the speaker and the deputy speaker of the pyithu hluttaw under section 113. duties, powers and rights of the speaker and the deputy speaker of the amyotha hluttaw shall be prescribed by law. part 6. formation of the amyotha hluttaw committees, commissions and bodies 147 the amyotha hluttaw shall form bill committee, public accounts committee, hluttaw rights committee, and government's guarantees, pledges and undertakings vetting committee with the amyotha hluttaw representatives. when the occasion arises to have studies made and submitted on defence and security matters or military affairs, the amyotha hluttaw shall form the defence and security committee with the amyotha hluttaw representatives who are the defence services personnel, for a limited time. the defence and security committee so formed may, if necessary, be included suitable amyotha hluttaw representatives who are not the defence services personnel in accord with the volume of work. if there arises a need to study and submit on other affairs, in addition to legislature, executive, national races affairs, economics, finance, social and foreign affairs, the hluttaw committees may be formed with the amyotha hluttaw representatives for a limited time. the amyotha hluttaw shall determine the number of members, duties, powers, rights, and term of the amyotha hluttaw committees. if there arises a certain matter to co-ordinate with the pyithu hluttaw, the amyotha hluttaw may elect and assign its representatives who will serve with the joint committee comprising an equal number of representatives from the amyotha hluttaw and the pyithu hluttaw to form that committee. the term of the joint committee shall be until the time they have submitted the report to the hluttaw concerned. when both the amyotha hluttaw and the pyithu hluttaw have certain matters to study, apart from matters to be performed by the committees as prescribed in sub-sections (a) and (b) of section 147, the speakers of these hluttaws may co-ordinate among themselves and form a joint committee comprising an equal number of representatives from the amyotha hluttaw and the pyithu hluttaw. the amyotha hluttaw may elect and assign the amyotha hluttaw representatives included in that committee. the term of the joint committee shall be until the time they have submitted the report to the hluttaw concerned. formation of the amyotha hluttaw commissions and bodies of the amyotha hluttaw shall be carried out subject to the provisions relating to the formation of commission and bodies of the pyithu hluttaw under section 118. part 7. term of the amyotha hluttaw the term of the amyotha hluttaw is the same as the term of the pyithu hluttaw. the term of the amyotha hluttaw expires on the day of the expiry of the pyithu hluttaw. part 8. qualifications of the amyotha hluttaw representatives the amyotha hluttaw representatives shall be: persons who have attained the age of 30 years; persons who have qualifications, with the exception of the age limit, entitled to be elected as pyithu hluttaw representatives prescribed under section 120; persons whose qualifications does not breach the provisions under section 121 which disqualified a person from standing for election as the pyithu hluttaw representatives. part 9. qualifications of the amyotha hluttaw representatives who are the defence services personnel the defence services personnel, nominated by the commander-in-chief of the defence services as the amyotha hluttaw representatives who are the defence services personnel in accord with the law, shall possess the prescribed qualifications for the amyotha hluttaw representatives. part 10. convening of the amyotha hluttaw session 154 the commencement of the term of the amyotha hluttaw is the day of the commencement of the term of the pyithu hluttaw. the first regular session of the amyotha hluttaw shall be held within seven days after the commencement of the term of that hluttaw. convening the amyotha hluttaw session shall be carried out subject to the provisions relating to convening of the pyithu hluttaw sessions under sections 124 to 135. part 11. submission of bill bills relating to other matters, except the matters prescribed in the constitution that the bill was submitted and passed exclusively by the pyidaungsu hluttaw stated in union legislative list, shall be initiated in the amyotha hluttaw in accord with the prescribed procedures. 157 after issuing a rule, regulation or by-law in accord with the law enacted by the pyidaungsu hluttaw, the body concerned shall distribute and submit the said rule, regulation or by-law to its representatives at the nearest regular session of the amyotha hluttaw with the permitted arrangement of the speaker of the hluttaw. if it is found that a rule, regulation or by-law is in conformity with the provisions of relevant law, hluttaw representatives may move to annul or amend the rule, regulation or by-law to the amyotha hluttaw within 90 days from the day that rule, regulation or by-law is submitted and distributed. if there is a disagreement between the amyotha hluttaw and the pyithu hluttaw to annul or amend any rule, regulation or by-law, it shall be submitted to the pyidaungsu hluttaw. 158 if bills submitted by any union level organization formed under the constitution are sent in accord with prescribed procedures of the pyidaungsu hluttaw, it shall be deemed that such bills are initiated in the amyotha hluttaw, and shall be discussed and resolved in the amyotha hluttaw. bills relating to other matters, except the matters prescribed in the constitution that the bill was submitted and passed exclusively by the pyidaungsu hluttaw stated in the union legislative list shall be initiated in the amyotha hluttaw in accord with the law. such bills shall be discussed and resolved by the amyotha hluttaw under the prescribed procedures. the bills passed by the amyotha hluttaw shall be sent to the pyithu hluttaw to continue to discuss and to resolve. 159 after receiving a bill sent by the pyithu hluttaw, the amyotha hluttaw may resolve to agree or disagree, or agree with amendments in accord with the resolution of the pyithu hluttaw. the bill shall be sent back to the pyithu hluttaw together with the resolution of the amyotha hluttaw. when the amyotha hluttaw receives the bill with amendments from the pyithu hluttaw it shall, if it accepts the bill with amendments of the pyithu hluttaw, send to the speaker of the pyidaungsu hluttaw. if there is a disagreement between the amyotha hluttaw and the pyithu hluttaw relating to the bill sent to the pyithu hluttaw, the amyotha hluttaw shall obtain the resolution of the pyidaungsu hluttaw. members representing any union level body formed under the constitution are entitled: to explain, converse and discuss bills or matters relating to their bodies when they are attending the amyotha hluttaw session with the permission of the speaker of the amyotha hluttaw; to explain, converse and discuss bills or matters relating to their bodies when they are attending sessions of the committees, commissions and bodies of the amyotha hluttaw with the permission of the head of the committee, commission or body concerned. d. region hluttaw or state hluttaw part 1. formation of the region hluttaw or the state hluttaw the region or state hluttaw shall be formed with the following persons: representatives of the region or state hluttaw, two of each are elected from each township in the regions or the states; representatives of the region hluttaw, each is elected from each national race determined by the authorities concerned as having a population which constitutes 0.1 percent and above of the population of the union, of the remaining national races other than those who have already obtained the respective region or a self-administered area in that region; representatives of the state hluttaw, each is elected from each national race determined by the authorities concerned as having a population which constitutes 0.1 percent and above of the population of the union, of the remaining national races other than those who have already obtained respective state or a self-administered area in that state; representatives of the region or state hluttaw who are the defence services personnel nominated by the commander-in-chief of the defence services in accord with the law for an equal number of one-third of the total number of hluttaw representatives elected under sub-sections (a) and (b) or (a) and (c). part 2. election of the chairperson of the region or state hluttaw election of chairperson of the region hluttaw or the state hluttaw shall be carried out subject to the provisions relating to the election of chairperson of the pyithu hluttaw under section 110. part 3. election of the speaker and the deputy speaker of the region hluttaw or the state hluttaw election of the speaker and the deputy speaker of the region hluttaw or the state hluttaw shall be carried out subject to the provisions relating to the election of the speaker and the deputy speaker of the pyithu hluttaw under section 111. duties of the speaker of the region hluttaw or the state hluttaw part 4. duties of the speaker of the region hluttaw or the state hluttaw the speaker of the region hluttaw or the state hluttaw shall: supervise the region hluttaw or the state hluttaw sessions; invite the president, if he is informed of the president's desire to address the region hluttaw or the state hluttaw; make necessary arrangement if the chief minister of the region or state informs his desire to address; have the right to invite members of the organization or persons representing any region or state level organization formed under the constitution to attend the session of the region hluttaw or the state hluttaw and give clarifications on matters relating to ongoing discussions, if necessary; perform other duties and powers prescribed by the constitution or any law. part 5. performance and termination of duties of the speaker and the deputy speaker of the region hluttaw or the state hluttaw performance and termination of duties of the speaker and the deputy speaker of the region hluttaw or the state hluttaw shall be subject to the provisions relating to the performance and termination of duties of the speaker and the deputy speaker of the pyithu hluttaw in section 113. duties, powers and rights of the speaker and the deputy speaker of the region hluttaw or the state hluttaw shall be prescribed by law. formation of the region hluttaw or the state hluttaw committee and bodies part 6. formation of the region hluttaw or the state hluttaw committee and bodies 167 the region hluttaw or the state hluttaw may, if necessary, form committee and bodies with the region or state hluttaw representatives concerned to study and submit legislation, national races affairs vested by the constitution. the region hluttaw or the state hluttaw may form above committees and bodies including suitable citizens. the region hluttaw or the state hluttaw shall prescribe the number of members, duties, powers, rights and terms of the committees or bodies in forming those committees and bodies. part 7. term of the region hluttaw or the state hluttaw the term of the region or state hluttaw is the same as the term of the pyithu hluttaw. the term of the region or state hluttaw expires on the day of the expiry of the pyithu hluttaw. part 8. qualifications of the region hluttaw or the state hluttaw representatives the region or state hluttaw representatives shall: have qualifications entitled to be elected as the pyithu hluttaw representatives under section 120; shall be subject to the provisions of section 121 which provide the disqualifications to be elected as the pyithu hluttaw representatives. part 9. qualifications of the region or state hluttaw representatives who are defence services personnel the defence services personnel, nominated by the commander-in-chief of the defence services as the region or state hluttaw representatives who are the defence services personnel in accord with the law, shall possess the prescribed qualifications for the region or state hluttaw representatives. part 10. convening the region or state hluttaw sessions 171 the commencement of the term of the region or state hluttaw is the day of the commencement of the term of the pyithu hluttaw. the first regular session of the region or state hluttaw shall be held within 15 days after the commencement of the term of the hluttaw. 172 the first regular session of the region or state hluttaw shall be convened by the state peace and development council after the constitution comes into operation. the first regular sessions for the forthcoming terms of the region or state hluttaw shall be held by the speaker of the region or state hluttaw who continues to perform his duties in accord with the provisions of the constitution. 173 the representatives of the region or state hluttaw shall take an affirmation of office as mentioned in schedule four before the chairperson of the region or state hluttaw at the first regular session of the region or state hluttaw. the representatives of the region or state hluttaw who have not taken an affirmation of office shall do so before the speaker of the hluttaw at the session of the region or state hluttaw at which they first attend. the speaker of the region or state hluttaw shall convene the regular session at least once a year. the maximum interval between regular sessions shall not exceed 12 months. the following functions shall be carried out at the region or state hluttaw session: recording the addresses delivered by the president; reading and recording the message sent by president and other messages permitted by the speaker; recording the address delivered by the chief minister of the region or the state; submitting, discussing and resolving on a bill; discussing and resolving on the matters to be undertaken by the region or state hluttaw in accord with the provisions of the constitution; discussing, resolving and recording the reports submitted to the region or state hluttaw; submitting proposal, discussing and resolving; raising questions and replying; undertaking matters approved by the speaker of the region or state hluttaw. matters that require resolution, agreement and approval of the region or state hluttaw shall be implemented as follows: if the region or state hluttaw is in session, the matter shall be resolved at that session; if the region or state hluttaw is not in session, the matter shall be resolved at the nearest region or state hluttaw session; a special session or an emergency session shall be convened to discuss and to resolve matters which need urgent action in the interest of the public. the speaker of the region or state hluttaw may convene a special session or an emergency session of the region or state hluttaw, if necessary. the speaker of the region or state hluttaw shall convene a special or an emergency session of the region or state hluttaw as soon as possible when the chief minister of the region or state informs him to do so. the speaker of the region or state hluttaw shall convene a special session as soon as possible, if at least one-fourth of the total number of the region or state hluttaw representatives so require. 180 the first day session of the region or state hluttaw shall be valid if more than half of the total number of hluttaw representatives, who have the right to attend the region or state hluttaw session, are present. the session, if invalid, shall be adjourned. the sessions that are adjourned due to invalidity in accord with the sub-section (a) as well as the valid session that are extended will be valid if at least one-third of the hluttaw representatives are present. 181 a matter that shall be resolved in the region or state hluttaw, save as otherwise provided by the constitution, shall be determined by a majority of votes of the region or state hluttaw representatives who are present and voting. the speaker of the region or state hluttaw discharging duties as the speaker at the region or state hluttaw shall not voted in the first instance in the sessions of the region or state hluttaw, but shall have and exercise a casting vote in the matter of an equality of votes. if the region or state hluttaw representative is, without permission of the region or state hluttaw, absent from a region or a state hluttaw session for a period of at least 15 consecutive days, the region or state hluttaw may declare his seat vacant. in computing the said period of 15 days, it shall not be counted of any period during which the session is adjourned. although there are vacant seats, the region or state hluttaw shall have the right to carry out its functions. moreover, the resolutions and proceedings of the region or state hluttaw shall not be annulled, notwithstanding the acts of some person who was not entitled to do so sat or voted or took part in the proceedings are later discovered. the proceedings and the records of the region or state hluttaw shall be published. however, the proceedings and the records prohibited by any law or the resolution of the region or state hluttaw shall not be published. 185 subject to the provisions of the constitution and the provisions of the law relating to the region or state hluttaw, the region or state hluttaw representatives shall have freedom of speech and voting at the region or state hluttaw and the committee and body formed by the region or state hluttaw. concerning the discussing, submitting and performing at the region or state hluttaw and the region or state hluttaw committees and bodies, no action shall be taken against a region or a state hluttaw representative except under its laws. subject to the provisions of the constitution and the provisions of the law relating to the region or state hluttaw, members of the organizations or persons representing any of the region or state level organizations formed under the constitution who are permitted or invited to attend the session of the region or state hluttaw or any committee and body of the region or state hluttaw have the freedom of speech at the region or state hluttaw or the region or state hluttaw committees and bodies. no action shall be taken against such members or persons for their submissions and speeches in the region or state hluttaw by other law except under its laws. if the persons mentioned in sub-sections (a) and (b) committed assault in exercising the said privileges, they shall be liable to punishment under the regulations, by-laws, procedures of the region or state hluttaw or the existing laws. 186 if there is a need to arrest a region or a state hluttaw representative attending the region or state hluttaw session or a person attending the region or state hluttaw session with the permission or invitation of the speaker of the hluttaw, the credible evidence shall be submitted to the speaker of the region or state hluttaw. he shall not be arrested without the prior permission of the speaker of the region or state hluttaw. if there is a need to arrest a member of a committee or a body of the region or state hluttaw attending session of any committee or body formed by the region or state hluttaw, the credible evidence shall be submitted to the speaker of the region or state hluttaw through the head of the committee or body concerned. he shall not be arrested without the prior permission of the speaker of the hluttaw. if a representative of the region or state hluttaw is arrested, session of the region or state hluttaw or session of any committee or any body formed by the hluttaw is not in session, the credible evidence in support of such arrest shall as soon as possible be submitted to the speaker of the region or state hluttaw. no action shall be instituted relating to the reports, documents and hluttaw records published by the region or state hluttaw or under its authority. part 11. legislation the region or state hluttaw shall have the right to enact laws for the entire or any part of the region or state related to matters prescribed in schedule two of the region or state hluttaw legislative list. 189 when the region or state hluttaw enacts a law, it may: authorize to issue rules, regulations and by-laws concerning that law to any region or state level organization formed under the constitution; authorize to issue notifications, orders, directives and procedures to the respective organization or authority. the rules, regulations, by-laws, notifications, orders, directives and procedures issued under the power conferred by any law shall be in conformity with the provisions of the constitution and the relevant law. after issuing any rule, regulation or by-law in accord with the law enacted by the region or state hluttaw, the body concerned shall distribute and submit the said rule, regulation or by-law to its representatives at the nearest regular session of the region or state hluttaw under the permitted arrangement of the speaker of the hluttaw. if it is found that a rule, regulation or by-law is in conformity with the provisions of relevant law, hluttaw representatives may move to annul or amend the rule, regulation or by-law to the region or state hluttaw within 90 days from the day that rule, regulation or by-law is submitted and distributed. if the region or state hluttaw passes a resolution to annul or amend any rule, regulation or by-law, the resolution shall be without prejudice to the validity of any action previously taken under the relevant rules, regulations or by-laws. part 12. submission of bill 190 the region or state level organizations formed under the constitution shall have the right to submit the bills relating to matters they administered among the matters included in the schedule two of the region or state legislative list to the region or state hluttaw in accord with the prescribed procedures. bills relating to regional plans, annual budgets and taxation of the region or state, which are to be submitted exclusively by the region or state government, shall be submitted to the region or state hluttaw in accord with the prescribed procedures. representatives of the region or state hluttaw shall submit the bills relating to other matters, except the matters prescribed in the constitution that the bill was submitted exclusively by the region or state hluttaw stated in the schedule two of the region or state legislative list, to the region or state hluttaw in accord with the prescribed procedures. 192 members, who are representatives of the region or state hluttaw among members representing any region or state level organization formed under the constitution, are entitled to explain, converse, discuss and vote bills or matters relating to their organizations at the hluttaw sessions. members, who are not representatives of the region or state hluttaw among members representing any region or state level organization formed under the constitution, when they are attending hluttaw session with the permission of the speaker of the hluttaw, are entitled to explain, converse and discuss bills or matters relating to their organizations. part 13. submission of region and state budget bill 193 the region or state annual budget bill to which only by the region or state government has the right to be submitted only to the region or state hluttaw in accord with the prescribed procedures. relating to the bill in sub-section (a), the region or state budget including finance received from the union fund of the region or state under the union budget law or the supplementary appropriation law with the recommendation of the chief minister concerned shall be discussed, as may be necessary by the region or state hluttaw concerned and shall be carried out and approved, refused, curtailed with the majority consent. in doing so, the following matters may be discussed at the region hluttaw or the state hluttaw, but not refused or curtailed: salary and allowance of heads and members of the region or state level organizations formed under the constitution and expenditures of those organizations; salary and allowance of heads and members of leading bodies of self-administered area formed under the constitution and expenditures of those bodies; debts for which the region or state is liable and expenses relating to the debts, other expenses relating to the loans taken out by the region or state; expenditures required to satisfy judgment, order or decree of any court or tribunal; other expenditures which are to be charged by any law enacted by the region hluttaw or the state hluttaw. the region or state hluttaw shall pass a resolution when the region or state government submits the region or state estimated budget in accord with the prescribed procedures. part 14. promulgation of law 195 the chief minister of the region or state shall: sign and promulgate the bills approved by the region or state hluttaw as law within seven days after the day of receipt in accord with the prescribed procedures; sign and promulgate the bills approved by the leading body of self-administered division or self-administered zone as law within 14 days after the day of receipt. if the chief minister of the region or state does not sign and promulgate the bill as law within the prescribed period, on the day after the completion of that period, the bill shall become a law as if he had signed it. the laws signed by the chief minister of the region or state and laws which deemed to have been signed by him, shall be promulgated by the publication in the official gazette. the law shall come into operation on the day of such promulgation unless the contrary intention is expressed. part 15. self-administered division and self-administered zone leading bodies the legislative power relating to the matters listed in the schedule three for respective divisions or zones are allotted to the self-administered division or the self-administered zone leading bodies. part 16. duties, powers and rights of the representatives of the pyithu hluttaw, the amyotha hluttaw and the region or state hluttaw duties, powers and rights of the representatives of the pyithu hluttaw, the amyotha hluttaw and the region or state hluttaw shall be prescribed by law. part 17. effect of laws the effect of laws enacted by different levels of the hluttaw and the leading bodies of the self-administered area is as follows: if any provision of the law enacted by the pyidaungsu hluttaw, the region hluttaw, the state hluttaw, the leading bodies of the self-administered division or the self-administered zone or, any existing law is inconsistent with any provision of the constitution, the constitution shall prevail; if any provision of the law enacted by the region hluttaw or the state hluttaw is inconsistent with any provision of the law enacted by the pyidaungsu hluttaw, the law enacted by the pyidaungsu hluttaw shall prevail; if any provision of the law enacted by the leading body of the self-administered division or the self-administered zone is inconsistent with any provision of the law enacted by the pyidaungsu hluttaw, the law enacted by the pyidaungsu hluttaw shall prevail; if any provision of the law enacted by the leading body of the self-administered division or the self-administered zone is inconsistent with any provision of the law enacted by the region hluttaw or the state hluttaw concerned, the law enacted by the region hluttaw or the state hluttaw concerned shall prevail. chapter v. executive a. the union government 199 the executive head of the union is the president. the executive power of the union is distributed among the union, regions and states. self-administered power is distributed among self-administered areas as prescribed by the constitution. part 1. formation of the union government the union government shall comprise the following persons: the president; vice-presidents; ministers of the union; the attorney general of the union. part 2. formation of the national defence and security council the national defence and security council led by the president, to enable it to discharge the duties assigned by the constitution or any law, shall be formed with the following persons: the president; vice-president; vice-president; speaker of the pyithu hluttaw; speaker of the amyotha hluttaw; commander-in-chief of the defence services; deputy commander-in-chief of the defence services; minister for defence; minister for foreign affairs; minister for home affairs; minister for border affairs. part 3. powers and functions of the president the president, with the approval of the pyidaungsu hluttaw, may: designate the ministries of the union government as necessary, and may make changes and additions to the ministries; designate the number of the union ministers as necessary, and may increase or decrease the number. the president shall be responsible to the pyidaungsu hluttaw. the vice-presidents shall be responsible to the president and also to the pyidaungsu hluttaw through the president. the president has: the power to grant a pardon; the power to grant amnesty in accord with the recommendation of the national defence and security council. the president may, in accord with the law, have: the power to confer honorary titles and awards; and the power to revoke conferred honorary titles and awards. the president may establish or sever diplomatic relations with foreign countries with the approval of the pyidaungsu hluttaw. however, in situation which requires immediate action, the president may sever diplomatic relations with any foreign country after coordination with the national defence and security council. the president shall submit that action to the pyidaungsu hluttaw for its approval. the president, in accord with the law, may: appoint and recall the diplomats of its country; agree on the appointment of foreign diplomats and send information on the recall of diplomats; accept the letters of accreditation presented by foreign diplomats. the president, in accord with the law, may appoint and dismiss heads of the bodies of civil services. the president, in accord with the law: shall enter into, ratify or annul international, regional or bilateral treaties which require the approval of the pyidaungsu hluttaw, or revoke from such treaties; may enter into, ratify or annul international, regional or bilateral treaties which do not require the approval of the pyidaungsu hluttaw, or revoke from such treaties. the president shall have the right to occasionally deliver an address or send a message to the session of the pyidaungsu hluttaw or the amyotha hluttaw, or to the entire country relating to the policies and general situation of the union. the president may intimate the speaker of the pyidaungsu hluttaw to summon an emergency or special session of the pyidaungsu hluttaw, if necessary. 212 except union budget matters, the president shall have the right to promulgate an ordinance for administrative matters that need immediate action during the interval between sessions of the pyidaungsu hluttaw. if the president has not revoked the ordinance promulgated under sub-section (a), he shall submit the ordinance for approval to the nearest session of the pyidaungsu hluttaw within 60 days after the promulgation of the ordinance. if the pyidaungsu hluttaw is not in session, the president shall, within 60 days after the promulgation of such ordinance, summon a special session of the pyidaungsu hluttaw for approval. the ordinance shall cease to have effect from the day on which it is not approved by the pyidaungsu hluttaw. the ordinance promulgated by the president, with the approval of the pyidaungsu hluttaw, will continue to be in operation for the required period. notwithstanding that an ordinance has been already revoked within 60 days after its promulgation, it shall be submitted to the nearest session of the pyidaungsu hluttaw. if an ordinance contains the provision to which the pyidaungsu hluttaw has no right to make a resolution in accord with the constitution, the said provision shall cease to have effect. the president: shall have the right to take appropriate military action, in co-ordination with the national defence and security council formed in accord with the constitution, in case of aggression against the union; shall submit the action so taken to the pyidaungsu hluttaw for approval if it is in session, or to summon an emergency session to submit that matter for approval if the pyidaungsu hluttaw is not in session; may declare war or make peace only with the assent of the pyidaungsu hluttaw. the president shall take action in accord with the provisions of the constitution and sign the laws passed and enacted by the pyidaungsu hluttaw. the said signed laws shall be promulgated in the official gazette. the president shall not be answerable to either any hluttaw or to any court for the exercise of the powers and functions of his office or for any act done or purported to be done by him in the exercise of these powers and functions in accord with the constitution or any law. however, the exemption does not deal with the provisions relating to impeachment of the president under the constitution. part 4. the executive power of the union government subject to the provisions of the constitution, the executive power of the union extends to administrative matters over which the pyidaungsu hluttaw has power to make laws. subject to the provisions of the constitution, the executive power of the union shall be vested in the president. nothing in this section shall prevent the pyidaungsu hluttaw from conferring functions and powers upon any authoritative body or person, or be deemed to transfer to the president functions and powers vested in any administrative body or person concerned under the existing laws. 218 all executive actions of the union government shall be taken as action in the name of the president. the president shall, except in matters conferred on him by the constitution to perform in his own discretion, have the right to issue necessary rules on matters to be performed by the union government, on allocation of the said matters to the ministries of the union government, and on allocation to the person responsible to act under any law. orders and instruments executed in the name of the president shall be in accord with the manners of the prescribed rules issued by the president. moreover, the validity of such order or instruments shall not be called in question on the ground that it was not done by the president. the president may, without prejudice to the generality of the provisions of sub-sections (a), (b) and (c) of this section, allocate his duties regionally or according to the functions of the government department. the union government preserves stability of the union, community peace and tranquility and prevalence of law and order. the union government shall promulgate its policies in accord with the provisions of the constitution. the necessary projects have to be drawn in accord with the said policies and shall be implemented with the approval of the pyidaungsu hluttaw. the union government shall draft the union budget bill based on the annual union budget, after coordinating with the financial commission, and submit it for approval to the pyidaungsu hluttaw in accord with the provisions of the constitution. the union government shall, if the pyidaungsu hluttaw is unable to promulgate the union budget bill before the end of the budget year, expend within the framework of the general expenditure included in the last-enacted budget law of the pyidaungsu hluttaw. the union government may, relating to the matters which may be enacted into law by the pyidaungsu hluttaw in accord with the provisions of the constitution, submit the bill to the pyidaungsu hluttaw. the ministries of the union government shall, in carrying out the functions of their subordinate governmental departments and organizations, manage, guide, supervise and inspect in accord with the provisions of the constitution and the existing laws. in carrying out functions of the region government, the state government, and the leading bodies of self-administered division and self-administered zone, the union government co-operates and co-ordinates with them to be effective and successful. the union government, with the exception of constitutional disputes and the disputes over territorial re-delineation shall: mediate and if necessary, decide, on disputes over administration between the region and state, among regions, among states, between region or state and self-administered area, among self-administered areas; and mediate and if necessary, decide, on disputes over administration between the region or state and union territory, between self-administered area and union territory. the union government, in accord with the law: may form civil services organizations relating to the union as necessary. in so forming, the functions and powers shall be prescribed; may appoint the required civil service personnel. the union government shall: implement the administrative resolutions passed occasionally by the pyidaungsu hluttaw and report back the actions which have been taken to the pyidaungsu hluttaw; submit occasionally matters relating to the general situation of the union to the pyidaungsu hluttaw. part 5. formation of the financial commission 229 the financial commission shall be formed with the following persons: the president chairperson vice-presidents vice-chairpersons the attorney-general of the union member the auditor-general of the union member chief ministers of the regions and states members the nay pyi taw council chairperson member the minister of finance of the union secretary in forming the financial commission, the president may appoint a suitable person as a temporary member if there is vacancy for any reason. the president shall promulgate the formation of the financial commission. moreover, necessary orders or directives, so forth, for the financial commission may be promulgated either by the president or the person assigned by him. part 6. duties and functions of the financial commission 230 the budgets of the union ministries and union level organizations are to be vetted by a vice-president assigned by the president, and the estimated budgets of the union level organizations including the union ministries are to be submitted to the financial commission. the budgets of the region or state are to be vetted by the other vice-president assigned by the president, and the estimated budgets of the region or state are to be submitted to the financial commission. the financial commission shall: submit to the pyidaungsu hluttaw with recommendation for the union budget which includes the expenditure of the union territory, a supplementary finance as suitable to the regions or states from the union fund, giving grants as a special matter and permitting loans; to advise financial matters that should be undertaken; carry out the duties assigned by the pyidaungsu hluttaw through the promulgation of law for the emergence of a substantial financial system. the financial commission shall submit with recommendation to the president, the bill of union budget, which includes union budget, the distribution of suitable funds from union fund accounts to regions or states, the provisions or funds as a special case and disbursing of necessary loans for submission them to the pyidaungsu hluttaw. the financial commission may, if necessary, seek advice from financial experts. part 7. taxes and revenues to be paid to the union fund 231 the union shall, with the exception of the taxes and revenues listed in schedule five to be collected by regions or states, collect all other taxes and revenues in accord with the law and deposit them in the union fund. if it is necessary to collect designated receipts or incomes and taxes and revenues to be collected by the regions or states for the union territories, the union shall collect them in accord with the law and deposit them in the union fund. the union has the right to expend the union fund in accord with the law. b. the union ministers and the deputy ministers part 1. appointment of the union ministers 232 the president shall appoint the union ministers who possess the following qualifications: person who has attained the age of 40 years; person who has qualifications, with the exception of age limit, entitled to be elected as pyithu hluttaw representatives prescribed in section 120; person whose qualifications does not breach the provisions under section 121 which disqualify the person from standing for election as the pyithu hluttaw representative; person loyal to the union and its citizens. in order to appoint the union ministers, the president shall: select suitable persons who have qualifications prescribed in sub-section (a) from among the hluttaw representatives or persons who are not hluttaw representatives; obtain a list of suitable defence services personnel nominated by the commander-in-chief of the defence services for ministries of defence, home affairs and border affairs; co-ordinate with the commander-in-chief of the defence services if he desires to appoint the defence services personnel as union ministers for other ministries apart from ministries of defence, home affairs and border affairs. the president shall compile the list of persons selected by him and the list of the defence services personnel nominated by the commander-in-chief of the defence services and submit them to the pyidaungsu hluttaw for its approval. the appointment of a person as a union minister nominated by the president shall not be refused by the pyidaungsu hluttaw unless it can clearly be proved that the person concerned does not meet the qualifications of the union minister. the president has the right to submit again the list with a new name replacing the one who has not been approved by the pyidaungsu hluttaw for the appointment of a union minister. the president shall appoint the persons who have been approved by the pyidaungsu hluttaw as union ministers. in doing so, the president shall designate ministry or ministries for each union minister to take responsibility. the president shall intimate the pyidaungsu hluttaw whenever he appoints union ministers. the union ministers shall be responsible to the president. if the union minister is a representative of a hluttaw, it shall be deemed that he has resigned from the day he is appointed as a union minister. if the union minister is a civil services personnel, it shall be deemed that he has retired according to the existing civil service rules and regulations from the day he is appointed as a union minister. the defence services personnel who are appointed as union ministers for the ministries of defence, home affairs and border affairs are not required to retire or resign from the defence services. if the union minister is a member of any political party, he shall not take part in its party activities during the term of office from the day he is appointed as a union minister. part 2. impeachment of the union minister 233 any union minister may be impeached on any of the following reasons: high treason; breach of any provision of the constitution; misconduct; disqualification of qualification of the union minister prescribed in the constitution; inefficient discharge of duties assigned by law. if there is a need to impeach any union minister, the same procedure for the impeachment of the president or vice-president under section 71 shall be applied. the president shall remove the impeached union minister from office when the hluttaw that had made an investigation had resolved and submitted to the president that the charge has been substantiated and the union minister is unfit to continue in office. if the hluttaw concerned resolves that the charge has failed, the speaker of the hluttaw shall report the resolution to the president. part 3. appointment of deputy ministers 234 the president shall appoint the persons, from among hluttaw representatives or from those who are not hluttaw representatives, possessing the following qualifications, as deputy ministers to assist the union ministers: persons who have attained the age of 35 years; persons who have qualifications, with the exception of the age limit, prescribed in section 120 for pyithu hluttaw representatives; persons whose qualification does not breach the provisions under section 121 which disqualify a person from standing for election as pyithu hluttaw representatives; persons loyal to the union and its citizens. the president shall, to appoint the deputy ministers for ministries of defence, home affairs and border affairs, have the list of suitable defence services personnel nominated by the commander-in-chief of the defence services. the president shall co-ordinate with the commander-in-chief of the defence services if he desires to appoint the defence services personnel as the deputy ministers of other ministries apart from the ministries of defence, home affairs and border affairs. the president shall designate ministries for each deputy minister to take responsibility. the deputy ministers shall be responsible to the relevant union minister, and to the president through the relevant union minister. if the deputy minister is a representative of a hluttaw or a civil services personnel or a defence services personnel, or a member of a political party, the provisions of sub-sections (i), (j) and (k) of section 232 shall be applied. term of office, resignation, termination of duties and filling vacancy of the union ministers and deputy ministers part 4. term of office, resignation, termination of duties and filling vacancy of the union ministers and deputy ministers 235 the term of the union minister and deputy minister is the same as that of the president. the union minister or deputy minister may resign from office on his own volition due to a certain reason before the expiry of his term of office, after submitting his written resignation to the president. the president: may direct any union minister or deputy minister who cannot discharge his duties efficiently to resign. if he fails to comply, he shall be terminated from his duties; shall co-ordinate with the commander-in-chief of the defence services if it relates to a defence services personnel who is a minister or deputy minister to resign or remove from office. if the office of the union minister or deputy minister becomes vacant due to resignation, removal from office, death or any other reason, the president shall have the right to appoint and assign duties to a new union minister or deputy minister in accord with the provisions of the constitution relating to the appointment of the union minister or deputy minister. the term of office of the newly appointed union minister or deputy minister shall be the same as the remaining term of the president. when the president before the expiry of his term in office, has appointed the union ministers or deputy ministers, and the president's office is vacant due to resignation or death or any other reason, the union ministers and the deputy ministers shall continue to perform their duties until the new elected president has appointed and assigned duties to the new union ministers or deputy ministers. the term of the newly appointed union ministers and deputy ministers shall be up to the expiry of the remaining term of the new president. duties, powers and rights of the union minister and deputy ministers shall be prescribed by law. part 5. the attorney general of the union and the deputy attorney general the attorney general of the union shall be called the attorney general of the union. part 6. the appointment of the attorney general of the union 237 the president, with the approval of the pyidaungsu hluttaw, shall appoint a person, from among hluttaw representatives or persons who are not hluttaw representatives having the following qualifications as the attorney-general of the union to obtain legal advice and assign duties on legal matters: person who has attained the age of 45 years; person who has qualifications, with the exception of age limit, entitled to be elected as pyithu hluttaw representatives prescribed in section 120; person whose qualification does not breach the provisions under section 121 which disqualify a person from standing for election as the pyithu hluttaw representatives; person who has served as a judge of the region or state high court for at least five years; or person who has served as a judicial officer or law officer for at least 10 years not lower than that of the region or state level; person who has practised as an advocate for at least 20 years; person who is, in the opinion of the president, as an eminent jurist; person who is loyal to the union and its citizens. the appointment of a person as the attorney-general of the union by the president shall not be refused by the pyidaungsu hluttaw unless it can clearly be proved that the person concerned does not meet the qualification of the attorney-general of the union. the president has the right to submit again the list with a new name replacing the one who has not been approved by the pyidaungsu hluttaw for the appointment of a person as the attorney-general of the union. the attorney-general of the union is a member of the union government. the attorney general of the union shall be responsible to the president. if the attorney general of the union is a representative of a hluttaw, it shall be deemed that he has resigned from the day he is appointed as attorney general of the union. if the attorney general of the union is a civil services personnel, it shall be deemed that he has retired according to the existing civil service rules and regulations from the day he is appointed as the attorney general of the union. if the attorney general of the union is a member of any political party, he shall not take part in its party activities during the term of office from the day he is appointed as the attorney general of the union. part 7. impeachment of the attorney general of the union if there is a need to impeach the attorney general of the union, the same procedure for the impeachment of the union minister under section 233 shall be applied. part 8. appointment of the deputy attorney general 239 the president shall appoint, in his own volition, the persons from among the hluttaw representatives or from among those who are not hluttaw representatives who have the following qualifications, as deputy attorney general to assist the attorney general of the union: person who has attained the age of 40 years; person who has qualifications, with the exception of age limit, entitled to be elected as pyithu hluttaw representatives prescribed in section 120; persons whose qualification does not breach the provisions under section 121 which disqualify a person from standing for election as pyithu hluttaw representatives; person who has served as a judge of the region or state high court for at least five years; or person who has served as a judicial officer or law officer for at least 10 years not lower than that of the region or state level; or person who has practised as an advocate for at least 15 years; person who is, in the opinion of the president, as an eminent jurist; person who is loyal to the union and its citizens. the deputy attorney-general shall be responsible to the attorney-general of the union and to the president through the attorney-general of the union. if the deputy attorney-general of the union is a representative of a hluttaw or a civil services personnel or a member of a political party, the provisions of sub-sections (f), (g) and (h) of section 237 shall be applied. term of office, resignation, termination of office, filling the vacancy of the attorney-general of the union and the deputy attorney-general part 9. term of office, resignation, termination of office, filling the vacancy of the attorney-general of the union and the deputy attorney-general 240 the term of the attorney-general of the union and the deputy attorney-general is normally the same as that of the president. the attorney-general of the union or the deputy attorney-general may resign from office on his own volition due to a certain reason before expiry of the term of office, after submitting his written resignation to the president. the president may direct to resign the attorney-general of the union or the deputy attorney-general who cannot discharge his duties efficiently. if either of them fails to comply, he shall be terminated from his duties. if the office of the attorney-general of the union or the deputy attorney-general becomes vacant due to resignation, removal from office, death or any other reason, the president shall have the right to appoint and assign duties to a new attorney-general of the union or the deputy attorney-general in accord with the provisions of the constitution relating to the appointment of the attorney-general of the union or the deputy attorney-general. the term of the newly appointed attorney-general of the union or the deputy attorney-general shall be the same as the remaining term of office of the president. when the president before the expiry of his term in office, has appointed the attorney-general of the union and the deputy attorney-general, and the president's office is vacant due to resignation or death or any other reason, the attorney-general of the union or the deputy attorney-general may be continued to be assigned or shall continue to perform their duties until the new elected president has appointed and assigned duties to the new attorney-general of the union or the deputy attorney-general in accord with the provisions of the constitution. the term of the new appointed attorney-general of the union and the deputy attorney-general shall be up to the expiry of the remaining term of the new president. duties, powers and rights of the attorney-general of the union and the deputy attorney-general shall be prescribed by law. part 10. auditor-general of the union and the deputy auditor-general the auditor-general of the union shall be called the auditor-general of the union. part 11. appointment of the auditor-general of the union 242 the president, with the approval of the pyidaungsu hluttaw, shall appoint a person from among hluttaw representatives or from among those who are not hluttaw representatives, who has the following qualifications, as the auditor-general of the union so as to audit union budget and report thereon to the pyidaungsu hluttaw: person who has attained the age of 45 years; person who has qualifications, with the exception of the age limit, entitled to be elected as pyithu hluttaw representatives prescribed in section 120; persons whose qualification does not breach the provisions in section 121 which disqualify a person from standing for election as pyithu hluttaw representatives; person who has served as an auditor for at least 10 years not lower than that of the region or state level; or person who has served as a registered accountant or a certified public accountant for at least 20 years; or person who is, in the opinion of the president, as a eminent accountant, statistician or economist. person who is loyal to the union and its citizens. the person nominated by the president to be appointed as the auditor-general of the union shall not be refused by the pyidaungsu hluttaw unless it can clearly be proved that the person concerned does not meet the qualification to be the auditor-general of the union. the president has the right to submit again the list with a new name replacing the one who has not been approved by the pyidaungsu hluttaw for the appointment of the auditor-general of the union. the auditor-general of the union shall be responsible to the president. if the auditor-general of the union is a hluttaw representative, it shall be deemed that he has resigned from the day he is appointed as the auditor-general of the union. if the auditor-general of the union is a civil services personnel, it shall be deemed that he has retired according to the existing civil service rules and regulations from the day he is appointed as the auditor-general of the union. if the auditor-general of the union is a member of any political party, he shall not take part in its party activities during the term of office from the day he is appointed as auditor-general of the union. part 12. impeachment of the auditor-general of the union if there is a need to impeach the auditor-general of the union, the same procedure for the impeachment of the union minister under section 233 shall be applied. part 13. appointment of the deputy auditor-general 244 the president shall appoint, in his own volition, the persons from among the hluttaw representatives or from those who are not hluttaw representatives, who have the following qualifications, as the deputy auditor-general to assist the auditor-general of the union: person who has attained the age of 40 years; person who has qualifications, with the exception of age limit, entitled to be elected as pyithu hluttaw representatives prescribed in section 120; persons whose qualification does not breach the provisions under section 121 which disqualify a person from standing for election as pyithu hluttaw representatives; person who has served as an auditor for at least 10 years not lower than that of the region or state level; or person who has served as a registered accountant or a certified public accountant for at least 15 years; or person who is, in the opinion of the president, as an eminent accountant, statistician or economist. person who is loyal to the union and its citizens. the deputy auditor-general shall be responsible to the auditor-general of the union and the president through the auditor-general of the union. if the deputy auditor-general of the union is a representative of a hluttaw or civil service personnel or member of a political party, the provisions of sub-sections (e), (f) and (g) of section 242 shall be applied. part 14. term of office, resignation, termination of office, filling the vacancy of the auditor-general of the union and the deputy auditor-general 245 the term of the auditor-general of the union and the deputy auditor-general is normally the same as that of the president. the auditor-general of the union or the deputy auditor-general may resign from office on his own volition due to a certain reason before expiry of the term of office, after submitting his written resignation to the president. the president may direct to resign the auditor-general of the union or the deputy auditor-general who cannot discharge his duties efficiently. if either of them fails to comply, he shall be terminated from his duties. if the office of the auditor-general of the union or the deputy auditor-general becomes vacant due to resignation, removal from office, death or any other reason, the president shall have the right to appoint and assign duties to a new auditor-general of the union or the deputy auditor-general in accord with the provisions of the constitution relating to the appointment of the auditor-general of the union or the deputy auditor-general. the term of the newly appointed auditor-general of the union or the deputy auditor-general shall be the same as the remaining term of the president. when the president before the expiry of his term in office, has appointed the auditor-general of the union and the deputy auditor-general, and the president's office is vacant due to resignation or death or any other reason, the auditor-general of the union or the deputy auditor-general may be continued to be assigned or shall continue to perform their duties until the new elected president has appointed and assigned duties to the new auditor-general of the union or the deputy auditor-general in accord with the provisions of the constitution. the term of the new appointed auditor-general of the union or the deputy auditor-general shall be up to the expiry of the remaining term of the new president. duties, powers and rights of the auditor-general of the union and the deputy auditor-general shall be prescribed by law. part 15. formation of the union civil services board 246 the president shall form the union civil services board to enable to perform the duties of selecting, training the civil services personnel and prescribing of civil service regulations. the president shall appoint the persons who have the following qualifications as the chairperson and members of the union civil services board: person who has attained the age of 50 years; person who has qualifications, with the exception of the age limit, entitled to be elected as pyithu hluttaw representatives prescribed in section 120; persons whose qualification does not breach the provisions under section 121 which disqualify a person from standing for election as pyithu hluttaw representatives; experienced intelligentsia and intellectuals; person who is loyal to the union and its citizens; person who is not a member of a political party; person who is not a hluttaw representative. if the chairperson and members of the union civil services board are civil services personnel, it shall be deemed that they have retired according to the existing civil services rules and regulations from the day they are appointed as chairperson and members of the union civil services board of the union. the chairperson of the union civil services board shall be responsible to the president, and members of the union civil services board shall be responsible to the president through the chairperson of union civil services board. the term of the chairperson and members of the union civil services board is normally the same as that of the president. formation of the union civil services board, duties, powers and rights of the chairperson and members, resignation and termination of duties shall be prescribed by law. part 16. the region government or the state government 247 the head of the region or state shall be called the chief minister of the region or state. the member of the region or state government shall be called the minister of the region or state. part 17. formation of the region government or state government 248 the region government is formed in the region and state government is formed in the state respectively. the region or state government is formed with the following persons: the chief minister of the region or state; the ministers of the region or state; the advocate general of the region or state. the president, with the approval of the region or state hluttaw concerned, may: specify the region or state ministries as may be necessary. moreover, he may make changes and additions to the specified ministries; specify the number of the ministers of the region or state as may be necessary. moreover, the specified number may be increased or decreased. part 18. executive powers of the region or state government subject to the provisions of the constitution, the executive power of the region or state government extends to the administrative matters which the region or state hluttaw has power to make laws. moreover, it also extends to the matters which the region or state government is permitted to perform in accord with any union law. the region or state government shall have the responsibility to assist the union government in the preservation of the stability of the union, community peace and tranquillity and prevalence of law and order. the region or state government shall, subject to the policies adopted by the union government and union laws, implement projects that are to be undertaken in the region or state with the approval of the region or state hluttaw concerned. the region or state government shall, in accord with the provisions of the constitution, submit the region or state budget bill based on the annual union budget to the region or state hluttaw concerned. the region or state government shall, if the region or state budget bill is unable to promulgate before the end of the budget year, expend within the framework of the general expenditure included in the last-enacted budget law of the region or state hluttaw. part 19. charges and taxes to be collected by the region or state government 254 the region or state shall collect the taxes and revenues listed in schedule five in accord with law and deposit them in the region or state fund. the region or state has the right to expend the region or state fund in accord with the law. the region or state government, in accord with the provisions of the constitution, may submit the necessary bill relating to matters listed in schedule two of the region or state legislative list to the region or state hluttaw. the region or state government: shall, in carrying out the functions of the region or state ministries, their subordinate governmental departments and organizations, manage, guide, supervise and inspect in accord with the provisions of the constitution and the existing laws; may, relating to the performance of the civil service organizations discharging duties in their region or state concerned, supervise, inspect and coordinate in accord with the law. the region or state government may, for enabling the performance of the functions to be carried out in accord with the union law for civil services and in co-ordination with the union government in advance: form civil services organizations relating to the region or state as necessary; appoint the required number of civil services personnel. the region or state government shall: implement the administrative resolutions passed occasionally by the region or state concerned and report back the actions which has taken to the region or state hluttaw concerned; submit the report on the general situations of its area to the union government and to the region or state hluttaw concerned. the region or state government shall discharge the functions occasionally assigned by the union government. part 20. office of the region or state government the head of the general administration department of the region or state is the ex-officio secretary of the region or state government concerned. moreover, the general administration department of the region or state is the office of the region or state government concerned. c. chief minister of the region or state part 1. appointment of the chief minister of the region or state 261 the chief minister of the region or state shall have the following qualifications: person who has attained the age of 35 years; person who has qualifications, with the exception of the age limit, entitled to be elected as pyithu hluttaw representatives prescribed in section 120; person whose qualification does not breach the provisions under section 121 which disqualify a person from standing for election as pyithu hluttaw representatives; person who is loyal to the union and its citizens. in order to appoint the chief minister of the region or state concerned, the president shall: select a suitable hluttaw representative who has the prescribed qualifications from among the region or state hluttaw representatives concerned; submit the list of the elected hluttaw representatives to the region or state hluttaw concerned for its approval. the president shall appoint the hluttaw representative approved by the region or state hluttaw as the chief minister of the region or state concerned. the appointment of a person as a chief minister of the region or state nominated by the president shall not be refused by the region or state hluttaw unless it can clearly be proved that the person concerned does not meet the qualifications of the chief minister of the region or state. the president has the right to submit again the list with a new name replacing the one who has not been approved by the region or state hluttaw for the appointment of the chief minister. d. ministers of the region or ministers of the state part 1. appointment of the ministers of the region or ministers of the state 262 the chief minister of the region or state shall: select suitable persons who have prescribed qualifications under sub-section (a) of section 261, from among the region or state hluttaw representatives or from among persons who are not hluttaw representatives concerned; request for a list of suitable defence services personnel nominated by the commander-in-chief of the defence services to assign responsibilities of security and border affairs; obtain a list of chairpersons of leading bodies of the self-administered division or the self-administered zone in the region or state concerned; obtain the list of hluttaw representatives elected to carry out the affairs of national races in the region or state concerned from the relevant election commission. the chief minister of the region or state shall compile the list of persons selected by him and the list of the defence services personnel nominated by the commander-in-chief of the defence services and submit them to the region or state hluttaw concerned for its approval. the appointment of a person as a minister of the region or state nominated by the chief minister of the region or state shall not be refused by the region or state hluttaw unless it can clearly be proved that the person concerned does not have the qualifications of the minister of the region or state. the chief minister of the region or state has the right to submit again the list with a new name replacing the one who has not been approved by the region or state hluttaw for the appointment of a minister of the region or state. the chief minister of the region or state shall submit the list of persons who are approved by the region or state hluttaw or chairpersons of the self-administered division or self-administered zone and the list of persons who are representatives elected to undertake the affairs of national races to appoint as the ministers of the region or state to the president. the president shall appoint the persons who have been approved by the chief minister of the region or state as ministers of the region or state. in doing so, he shall, in co-ordination with the chief minister of the region or state concerned, designate the ministry or ministries which each region or the state minister to take responsibility. the president shall: assign duties to the chairpersons of the self-administered division and the self-administered zone who are the ministers of the region or state, to perform the affairs of the self-administered division or self-administered zone concerned; assign duties to the hluttaw representatives who are the ministers of the region or state, to perform the affairs of national races concerned. the president shall relax the prescribed age limit under the constitution in appointing the minister of the region or state, the chairperson of the self-administered division or the self-administered zone or elected hluttaw representative to perform the affairs of national races concerned. the president may, in co-ordination with the chief minister, appoint ministers for the self-administered division or the self-administered zone or ministers for national races affairs as ministers concurrently in charge of other ministries. the chief minister of the region or state shall, if he wishes to assign the defence services personnel as the region or state ministers for other duties apart from security and border affairs, obtain their list from the commander-in-chief of the defence services with the approval of the region or state hluttaw concerned, submit it to the president. the president shall intimate the appointments of the chief minister and ministers of the region or state to the region or state hluttaw concerned and pyidaungsu hluttaw. the chief minister of the region or state shall be responsible to the president. the ministers of the region or state shall be responsible to the chief minister of the region or state concerned and to the president through the chief minister of the region or state concerned. the term of the chief minister and ministers of the region or state is the same as that of the president. if the minister of the region or state is a civil services personnel, it shall be deemed that he has retired according to the existing civil services rules and regulations from the day he is appointed as minister of the region or state. the defence services personnel who are appointed as ministers of the region or state for ministries of security and border affairs are not required to retire or resign from the defence services. part 2. impeachment of the chief minister of the region or state or any minister 263 the chief minister of the region or state or any minister, may be impeached for one of the following reasons: high treason; breach of any of the provisions of the constitution; misconduct; disqualification of qualification of the chief minister or minister of the region or state prescribed in the constitution; inefficient discharge of duties assigned by law. if there is a need to impeach the chief minister or any of the ministers of the region or state, a charge signed by not less than one-fourth of the total number of representatives of either the region or state hluttaw concerned shall be submitted to the speaker of the hluttaw concerned. the speaker of the hluttaw concerned shall form a body of investigation to investigate the charge. the term of the completion of the investigation shall be determined on the volume of work. when the charge is being investigated, the chief minister or minister of the region or state shall have the right to defend himself in person or through a representative. if an investigation body submits its investigation concerning the impeachment of the chief minister or any minister of the region or state by the region or state hluttaw concerned, the speaker of the hluttaw shall submit it to the relevant region or state hluttaw. if, after the investigation, on submitting the findings of the charge has been substantiated and that chief minister or any minister of the region or state is unfit to continue in office by not less than two-thirds of the total number of representatives of the hluttaw concerned which investigated, the speaker shall submit the resolution to the president. the president, upon receipt of the report, shall remove the impeached chief minister or minister of the region or state. if the hluttaw concerned resolves that the charge has been failed, the speaker of the hluttaw shall submit the resolution to the president. part 3. resignation, termination of office, filling the vacancy of the chief minister or minister of the region or state 264 the chief minister or any minister of the region or state may resign from office on his own volition due to a certain reason before expiry of the term of office, after submitting his written resignation to the president. the president shall: direct to resign the chief minister or minister of the region or state who cannot discharge his duties efficiently. if he fails to comply, he shall be terminated from his duties; co-ordinate with the commander-in-chief of the defence services concerning the defence services personnel who is minister of the region or state who has to resign or be terminated from his duties. if the office of the chief minister or ministers of the region or state becomes vacant due to resignation, removal from office, death or any other reason, the president shall have the right to appoint and assign duties to a new chief minister of the region or state in accord with the provisions of the constitution relating to the appointment of the chief minister or ministers of the region or state. the term of the newly appointed chief minister or ministers of the region or state shall be the same as the remaining term of the president. duties, powers and rights of the chief minister and ministers of the region or state shall be prescribed by law. part 4. advocate-general of the region or advocate-general of the state the advocate-general of the region or the advocate-general of the state shall be called the advocate-general of the region or the advocate-general of the state. part 5. the appointment of the advocate-general of the region or state 266 the chief minister of the region or state shall, with the approval of the region or state hluttaw concerned, appoint a person from among the region or state hluttaw representatives or from those who are not the hluttaw representatives having the following qualifications as the advocate general of the region or state to obtain legal advice and assign duties on legal matters: person who has attained the age of 40 years; person who has qualifications, with the exception of age limit, as the pyithu hluttaw representatives, prescribed in section 120; persons whose qualification does not breach the provisions under section 121 which disqualify a person from standing for election as pyithu hluttaw representatives; person who has served as a judicial officer or law officer for at least five years not lower than that of the region or state high court; or person who has served as a judicial officer or law officer for at least 10 years not lower than that of the district level; person who has been an advocate for at least 15 years. person loyal to the union and its citizens. the president, with the approval of the hluttaw shall appoint a person from among hluttaw representatives as the advocate-general of the region or state. the appointment of a person as the advocate-general of the region or state nominated by the chief minister of the region or state, to be appointed as the advocate-general of the region or state shall not be refused by the region or state hluttaw concerned unless it can clearly be proved that the person concerned does not meet the qualifications of the advocate-general of the region or state. the chief minister of the region or state has the right to submit again the list for the appointment of a person as the advocate-general of the region or state to the region or state hluttaw concerned instead of the one who has not been approved by the region or state hluttaw. the advocate-general of the region or state is a member of the government of the region or state concerned. the advocate-general of the region or state shall: be responsible to the president through the chief minister of the region or state concerned; be responsible to the relevant advocate-general of the union or the relevant chief minister of the region or state. part 6. impeachment of the advocate-general of the region or state if there is a need to impeach the advocate-general of the region or state, the same procedure for the impeachment of the chief minister or any minister of the region or state under section 263 shall be applied. part 7. resignation, termination of office, filling vacancy of the advocate-general of the region or state the advocate-general of the region or state is, subject to provisions of sections 262 (n) and 264 prescribed for the relevant chief minister or the relevant ministers of the region or state concerning resignation, termination of office, filling the vacancy and deeming the person to have retired in case he is a civil services personnel. duties, powers and rights of the advocate-general of the region or state shall be prescribed by law. part 8. auditor-general of the region or auditor-general of the state the auditor-general of the region or state shall be called the auditor-general of the region or auditor-general of the state. part 9. appointment of the auditor-general of the region or the auditor-general of the state 271 the chief minister of the region or state shall appoint a person from hluttaw representatives or from those who are not hluttaw representatives, who has the following qualifications, with the approval of the relevant region or state hluttaw as the auditor-general of the region or state so as to audit the region or state budget and report it: person who has attained the age of 40 years; person who has qualifications, with the exception of age limit, as the pyithu hluttaw representatives prescribed in section 120; persons whose qualifications does not breach the provisions under section 121 which disqualify a person from standing for election as pyithu hluttaw representatives; person who has served as an auditor of the region or state for at least five years not lower than that of the region or state level; or person who has served as an auditor at least 10 years not lower than that of the district level; or person who has served as a registered accountant or a certified public accountant for at least 15 years; person who is loyal to the union and its citizens. the president shall appoint the person submitted by the relevant chief minister of the region or state with the approval of the hluttaw concerned as the auditor-general of the region or state. the person nominated by the chief minister of the region or state concerned to be appointed as the auditor-general of the region or state shall not be refused by the region or state hluttaw concerned unless it can clearly be proved that the person concerned is not qualified to be the auditor-general of the region or state. the chief minister of the region or state has the right to submit again the new list for the appointment of a person as the auditor-general of the region or state to the region or state hluttaw concerned instead of the one who has not been approved by the region or state hluttaw. the auditor-general of the region or state shall: be responsible to the president through the chief minister of the region or state concerned; be responsible to the auditor-general of the union and to the chief minister of the region or state concerned. part 10. impeachment of the auditor-general of the region or the auditor-general of the state if there is a need to impeach the auditor-general of the region or state, the same procedure for the impeachment of the chief minister or any minister of the region or state under section 263 shall be applied. part 11. resignation, termination of office, filling the vacancy of the auditor-general of the region or the auditor-general of the state the auditor-general of the region or state is, subject to provisions of section 264 prescribed for the chief minister or ministers of the region or state concerning resignation, termination of office, filling the vacancy and deeming as the person to have retired in case he is a civil services personnel. duties, powers and rights of the auditor-general of the region or state shall be prescribed by law. part 12. administrative body of the self-administered division or self-administered zone the administrative body of self-administered division or self-administered zone shall be called the leading body of the self-administered division or leading body of the self-administered zone. part 13. formation of leading bodies of the self-administered division and the self-administered zone 276 being self-administered areas, the self-administered division and the self-administered zones are of equal status. leading bodies of the self-administered division and the self-administered zone are formed respectively in each and every self-administered division and the self-administered zone. such leading bodies exercise legislative power vested under the schedule three of the constitution. leading bodies of the self-administered division or the self-administered zone shall consist of at least 10 members. leading bodies of the self-administered division or the self-administered zone shall be formed with the following persons: region or state hluttaw representatives elected from townships in the self-administered division or self-administered zone concerned; the defence services personnel representatives nominated by the commander-in-chief of the defence services to assign duties relating to security or border affairs; additional representatives selected by persons stated in sub-section (d) (i) and (ii). members of the leading bodies of the self-administered division or the self-administered zone stated in above sub-section (d)(i) and (ii) shall, after co-ordinating among themselves, select a suitable person as the chairperson of the self-administered division or the self-administered zone from the region or state hluttaw representatives elected from the townships in the self-administered division or the self-administered zone. the name of the person so elected shall be submitted to the president through the chief minister of the region or state concerned. the president shall appoint the person who is nominated as the chairperson of the self-administered division or the self-administered zone concerned. the chairperson of the self-administered division or the self-administered zone is the ex-officio minister in the region or state concerned. except for the method of the appointment of the minister of the region or state, the other provisions of the constitution shall be applied to the chairperson of the self-administered division or self-administered zone. the chairperson of the self-administered division or self-administered zone and members of the leading body concerned shall: except the national races who have already obtained the self-administered division or self-administered zone concerned residing in the self-administered division or self-administered zone concerned, if they are national races that are deemed by the authority concerned to have a population of over 10,000, from the remaining national races, each representative of the said national races shall be elected and appointed as a member of the leading body. the elected member of the leading body shall have the prescribed qualifications of hluttaw representatives of the region or state under section 169; if the number of members of the leading body of the self-administered division or self-administered zone is less than 10 members, the required number of members from those residing in the self-administered division or self-administered zone concerned and who have qualifications prescribed for the region or state hluttaw representatives shall be elected and appointed to fill up 10 members as they desire. the commander-in-chief of the defence services shall assign the duties to the one-fourth of the total number of members with the defence services personnels in the leading bodies of the self-administered division or self-administered zone, as necessary. the defence services personnel, nominated in accord with the law by the commander-in-chief of the defence services, to be assigned as the members of the leading bodies of the self-administered division or self-administered zone shall have qualifications of the region or state hluttaw representatives. the chairperson of the leading bodies of the self-administered division or self-administered zone concerned shall declare the name of the members of the leading bodies of the self-administered division or selfadministered zone. the chairperson of the leading bodies of the self-administered division or selfadministered zone shall be responsible to the region or state chief minister concerned, and to the president through the chief minister concerned. members of leading bodies of the self-administered division or self-administered zone shall be responsible to their chairperson. the term of office, taking action, resignation, termination of duty and filling the vacancy of the chairperson of the leading bodies of the self-administered division or self-administered zone shall be prescribed by law. duties, powers and rights of the chairperson and members of the leading bodies of the self-administered division or self-administered zone shall be prescribed by law. part 14. executive powers of the leading bodies of the self-administered division or self-administered zone subject to provisions of the constitution, the selfexecutive power of the leading bodies of the self-administered division or self-administered zone extend to the following matters: on which the leading bodies of the self-administered division or self-administered zone has power to make law under schedule three; on which the leading bodies of the self-administered division or self-administered zone has power to implement in accord with any law enacted by the pyidaungsu hluttaw; on which the leading bodies of the self-administered division or self-administered zone has power to implement in accord with any law enacted by the region or state hluttaw concerned. the leading bodies of the self-administered division or self-administered zone shall be responsible to assist the union government in preserving stability of the union, community peace and tranquillity and prevalence of law and order. the leading bodies of the self-administered division or selfadministered zone shall: subject to the policies of the union government draw work programmes for the development of their territory and shall co-ordinate with the region or state government concerned; draw annual budgets and co-ordinate for approval with the region or state government concerned in accord with the provisions of the constitutions; have the right to expend the allotted fund included in the budget law of the region or state government concerned in accord with the rules; have the right to expend within the permitted framework to the general expenditure included in the last-enacted budget law of the region or state hluttaw if the region or state hluttaw is unable to pass the region or state budget bill submitted by the region or state government. the leading bodies of the self-administered division or self-administered zone may, in accord with the law, supervise, co-operate and co-ordinate the functions of the civil services organizations which are performing the duties within their territory. the leading bodies of the self-administered division or self-administered zone shall submit reports of the general situations of their territory to the union government and the region or state government concerned. the leading bodies of the self-administered division or self-administered zone shall perform the functions which are occasionally assigned by the union government and the region or state government concerned. part 15. office of the leading bodies of the self-administered division or self-administered zone the head of general administration department of the leading bodies of the self-administered division or self-administered zone shall serve as the secretary of the leading bodies of the self-administered division or self-administered zone. moreover, the general administration department of the self-administered division or self-administered zone is also the office of the leading bodies of the self-administered division or self-administered zone. part 16. administration of nay pyi taw, the union territory 284 nay pyi taw which is the union territory, shall consist of all districts and townships that are nay pyi taw development territory, on the day the constitution come into operation. the president may change, if necessary, the demarcation of districts and townships in nay pyi taw which is the union territory. part 17. formation of the nay pyi taw council 285 the chairperson and members of the nay pyi taw council shall have the following qualifications: person who has attained the age of 35 years; person who has qualifications, with the exception of age limit, entitled to be elected as pyithu hluttaw representatives prescribed in section 120; persons whose qualifications does not breach the provisions under section 121 which disqualify a person from standing for election as pyithu hluttaw representatives; who have other qualifications prescribed by the president. the president: shall form a nay pyi taw council; shall appoint persons who have the prescribed qualifications as chairperson and members of nay pyi taw council; shall obtain the nomination of suitable defence services personnel who have prescribed qualifications for appointment as council member or members from the commander-in-chief of the defence services for co-ordination of security matters of nay pyi taw which is the union territory; may prescribe the number of members, including the chairperson, to serve in nay pyi taw council in accord with the law as necessary. the chairperson of the nay pyi taw council shall be responsible to the president and the members shall be responsible to the chairperson of the nay pyi taw council and the president through the chairperson of the nay pyi taw council. if the chairperson or a member of the nay pyi taw council is a representative of a hluttaw, it shall be deemed that he has resigned from the day he is appointed as chairperson or a member of the nay pyi taw council. if the chairperson or a member of the nay pyi taw council is a civil services personnel, it shall be deemed that he has retired according to the existing civil services rules and regulations from the day he is appointed as the chairperson or a member of the nay pyi taw council. the defence services personnel who are appointed as a member or members of the nay pyi taw council, to co-ordinate security affairs, are not required to retire or resign from the defence services. if the chairperson or a member of the nay pyi taw council is a member of any political party, he shall not take part in its party activities during the term from the day he is appointed as the chairperson or a member of the nay pyi taw council. resignation, termination of office, filling the vacancy of the chairperson and members of the nay pyi taw council part 18. resignation, termination of office, filling the vacancy of the chairperson and members of the nay pyi taw council 286 the term of the chairperson and members of the nay pyi taw council is the same as that of the president. the chairperson and any member of the nay pyi taw council may resign from office on his own volition due to a certain reason before expiry of the term of office, after submitting his written resignation to the president. the president may: direct the chairperson and any member of the nay pyi taw council to resign if he cannot discharge his duties efficiently. if he fails to comply, he shall be terminated from his office; co-ordinate with the commander-in-chief of the defence services concerning with the defence services personnel who is the member of the nay pyi taw council and has to resign or be terminated from office. if the office of the chairperson or member of the nay pyi taw council becomes vacant due to resignation, removal from office, death or any other reason, the president shall have the right to appoint and assign duties to a new chairperson or member of the nay pyi taw council in accord with the provisions of the constitution. the term of the newly appointed chairperson or member of the nay pyi taw council shall be the same as that of the remaining term of the president. the formation of nay pyi taw council, duties, powers and rights of the chairperson and members of nay pyi taw council shall be prescribed by law. part 19. office of nay pyi taw council the head of general administration department of nay pyi taw is ex-officio the secretary of the nay pyi taw council. general administration department of nay pyi taw is the office of the nay pyi taw council. part 20. administration of district and township administration of district and township level shall be assigned to the civil services personnel. part 21. administration of ward and village-tract administration of ward or village-tract shall be assigned in accord with the law to a person whose integrity is respected by the community. e. civil services personnel matters relating to the appointment, promotion, retirement, enforcement of rules and regulations and taking action on the civil services personnel shall be exercised in accord with the law. with respect to the defence services personnel who are also civil services personnel whose nature of work, is of special significant, they shall be given by the relevant military laws. with respect to members of myanmar police force who are also civil services personnel whose nature of work, is of special significant, they shall be given by the specified law which shall be enacted. chapter vi. judiciary a. formation of courts courts of the union are formed as follows: supreme court of the union, high courts of the region, high courts of the state, courts of the self-administered division, courts of the self-administered zone, district courts, township courts and the other courts constituted by law; courts-martial; constitutional tribunal of the union. b. supreme court of the union part 1. constitution of the supreme court of the union in the union, there shall be a supreme court of the union. without affecting the powers of the constitutional tribunal and the courts-martial, the supreme court of the union is the highest court of the union. part 2. original jurisdiction of the supreme court of the union 295 only the supreme court of the union has the following original jurisdiction: in matters arising out of bilateral treaties concluded by the union; in other disputes, except the constitutional problems, between the union government and the region or state governments; in other disputes, except the constitutional problems, among the regions, among the states, between the region and the state and between the union territory and the region or the state; other matters as prescribed by any law. as the supreme court of the union is the highest court of the union, it is the court of final appeal. the judgments of the supreme court of the union are final and conclusive and have no right of appeal. the supreme court of the union, subject to any provision of the constitution or any provision of other law, has the appellate jurisdiction to decide judgments passed by the high courts of the regions or the states. moreover, the supreme court of the union also has the appellate jurisdiction to decide judgments passed by the other courts in accord with the law. the supreme court of the union has the revisional jurisdiction in accord with the law. the supreme court of the union: has the power to issue the following writs: writ of habeas corpus; writ of mandamus; writ of prohibition; writ of quo warranto; writ of certiorari. the applications to issue writs shall be suspended in the areas where the state of emergency is declared. part 3. judiciary budget the supreme court of the union shall submit judiciary budget to the union government in order to include and present in the annual budget bill of the union in accord with the provisions of the constitution. part 4. submission of the judiciary situation the chief justice of the union may submit important judiciary situation concerning the union or the public, either to the session of the pyidaungsu hluttaw or the pyithu hluttaw or the amyotha hluttaw from time to time. part 5. appointment of the chief justice of the union and the judges of the supreme court of the union 299 the head of the supreme court of the union shall be called the chief justice of the union. judges of the supreme court of the union including the chief justice of the union may be appointed in the supreme court from a minimum of seven and a maximum of 11 in number. the president shall submit the nomination of the person suitable to be appointed as the chief justice of the union to the pyidaungsu hluttaw and seek its approval. the pyidaungsu hluttaw shall have no right to refuse the person nominated by the president for the appointment of chief justice of the union and judges of the supreme court of the union unless it can clearly be proved that the persons do not meet the qualifications for the post prescribed in section 301. the president has the right to submit again the list furnished with a new name replacing the one who has not been approved by the pyidaungsu hluttaw for the appointment of the chief justice of the union. the president shall appoint the person who has been approved by the pyidaungsu hluttaw as the chief justice of the union. the president, in co-ordination with the chief justice of the union, shall submit the nomination of the persons suitable to be appointed as the judges of the supreme court of the union to the pyidaungsu hluttaw and seek its approval. the pyidaungsu hluttaw has no right to refuse the persons nominated by the president for the appointment of the chief justice of the union and judges of the supreme court of the union unless it can clearly be proved the persons concerned do not possess the qualifications prescribed for judges of supreme court of the union. in section 301. the president has the right to submit again the list furnished with a new name replacing the one who has not been approved by pyidaungsu hluttaw for the appointment of a judge of the supreme court of the union. the president shall appoint the persons approved by pyidaungsu hluttaw as judges of the supreme court of the union. 300 the chief justice of the union or judges of the supreme court of the union must be free from party politics. the chief justice of the union or judges of the supreme court of the union, if they are civil services personnel, shall be deemed to have retired in accord with the existing civil services regulations commencing from the day of the appointment as the chief justice of the union or judge of the supreme court of the union. part 6. qualifications of the chief justice of the union and judges of the supreme court of the union the chief justice of the union and judges of the supreme court of the union shall be a person of following qualifications: not younger than 50 years and not older than 70 years; who has qualifications, with the exception of the age limit, prescribed in section 120 for pyithu hluttaw representatives; whose qualifications does not breach the provisions under the section 121 which disqualify him from standing for election as pyithu hluttaw representatives; who has served as a judge of the high court of the region or state for at least five years; or who has served as a judicial officer or a law officer at least 10 years not lower than that of the region or state level; or who has practised as an advocate for at least 20 years; or who is, in the opinion of the president, an eminent jurist; loyal to the union and its citizens; who is not a member of a political party; who is not a hluttaw representative. part 7. impeachment of the chief justice of the union and judges of the supreme court of the union 302 the president or the representatives of the pyithu hluttaw or amyotha hluttaw may impeach the chief justice of the union or any judge of the supreme court of the union for any of the following reasons: high treason; breach of any provision of the constitution; misconduct; disqualifications of the qualifications of the chief justice of the union and judges of the supreme court of the union prescribed under section 310; inefficient discharge of duties assigned by law. if the president wishes to impeach: he shall submit the charge to the speaker of the pyidaungsu hluttaw; the speaker of the pyidaungsu hluttaw shall form an investigation body and cause the charge to be investigated in accord with the law; in forming the investigation body, an equal number of representatives of the pyithu hluttaw and amyotha hluttaw shall be included and any suitable member of the body be assigned as the chairperson of such body; the time for the completion of the investigation shall be determined on the volume of work; the president may, himself in person or through a representative, explain and present the charge before the investigation body and has also the right to submit evidence and witnesses; when the charge is being investigated, the person being charged shall be given the right to defend himself in person or through a representative; the speaker of the pyidaungsu hluttaw shall, on being submitted the findings of the investigation concerning the impeachment by the investigation body, present it to the pyidaungsu hluttaw; the speaker of the pyidaungsu hluttaw shall, if the resolution is passed that the charge has been substantiated and the alleged person is unfit to continue to serve as the chief justice of the union or a judge of the supreme court of the union by the two-thirds of the total number of the pyidaungsu hluttaw representatives, present and report the said resolution to the president; on presentation of the report, the president shall, proceed to remove the chief justice of the union or the judge of the supreme court of the union who has been impeached from office; if the pyidaungsu hluttaw resolves that the charges has failed, the speaker of the pyidaungsu hluttaw shall present and report the said resolution to the president; if the representatives of the pyithu hluttaw or the amyotha hluttaw wish to impeach: the provisions for the impeachment of the president or the vice-president under section 71 shall be applied; the president shall, if the hluttaw which made the investigation resolves and reports that the charge made upon the chief justice of the union or any judge of the supreme court of the union has been substantiated and the person being charged is unfit to continue to serve as the chief justice of the union or judge of the supreme court of the union, proceed to remove the chief justice of the union or the judge of the supreme court of the union who has been impeached from office; if the hluttaw which made the investigation resolves that the charge has been failed, the chairperson of the hluttaw concerned shall present and report the resolution to the president. part 8. term of the chief justice of the union and judges of the supreme court of the union the chief justice of the union and judges of the supreme court of the union shall hold office up to the age of 70 years unless one of the following occurs: resignation on his own volition; being impeached in accord with the provisions under the constitution and removed from office; being found to be unable to continue to serve due to permanent disability caused by either physical or mental defect according to the findings of the medical board formed by law; death. duties, powers and rights of the chief justice of the union and judges of the supreme court of the union shall be prescribed by law. c. high courts of the region or high courts of the state part 1. formation of high courts of the region or high courts of the state there is the high court of the region in the region and the high court of the state in the state. part 2. jurisdictions of high courts of the region or high courts of the state high courts of the region or state shall have the following jurisdictions in accord with the law: adjudicating on original case; adjudicating on appeal case; adjudicating on revision case; adjudicating on matters prescribed by any law. 307 for the purpose of judicial administration, the high court of mandalay region is the high court of the courts situated in nay pyi taw. for the purpose of judicial administration, where any area located in the region or state is designated as a union territory, the high court of the region or state concerned is the high court of the courts situated in the said union territory. appointment of the chief justice and judges of the high court of the region or the high court of the state part 3. appointment of the chief justice and judges of the high court of the region or the high court of the state 308 the head of the high court of the region or the high court of the state shall be called the chief justice of the high court of the region or the chief justice of the high court of the state. in the high court of the region or the high court of the state, judges of the high court of the region or judges of the high court of the state including the chief justice of the high court of the region or the chief justice of the high court of the state may be appointed from a minimum of three and a maximum of seven in number. the president, in co-ordination with the chief justice of the union and the chief minister of the region or state concerned, shall prepare the nomination for the appointment of the chief justice of the high court of the region or state concerned and the chief minister of the region or state concerned, in co-ordination with the chief justice of the union, shall prepare the nomination for the appointment of the judges of the high court of the region or state concerned, and the said nomination shall be sent to the region or state hluttaw concerned. the region or state hluttaw concerned shall have no right to refuse the person or persons nominated by the president, in coordination with the chief justice of the union and the chief minister of the region or state concerned, for the appointment of the chief justice of the high court of the region or state concerned, or the person or persons nominated by the chief minister of the region or state concerned, in co-ordination with the chief justice of the union, for the appointment of judges of the high court of the region or state concerned unless it can clearly be proved that the person does not meet the qualifications prescribed under section 310 for the chief justice of the high court of the region or state and the judge of the high court of the region or state. there is the right to resubmit a new nomination list as prescribed in place of the persons who are refused under sub-section (ii). the president shall appoint persons approved by the region or state hluttaw as the chief justice of the high court of the region or state concerned and judges of the high court of the region or state concerned. 309 the chief justice of the high court of the region or state and judges of the high court of the region or state must be free from party politics. the chief justice of the high court of the region or state and judges of the high court of the region or state, if they are civil service personnel, shall be deemed to have retired from the civil service in accord with the existing civil service regulations commencing from the day they have been appointed as the chief justice of the high court of the region or state and the judge of the high court of the region or state. qualification of the chief justice of the high court of the region or the high court of the state and judges of the high court of the region or the high court of the state part 4. qualification of the chief justice of the high court of the region or the high court of the state and judges of the high court of the region or the high court of the state the chief justice of the high court of the region or state and judges of the high court of the region or state shall be a person of the following qualifications: not younger than 45 years and not older than 65 years of age; who has the qualifications, with the exception of the age limit, prescribed under section 120 for the pyithu hluttaw representatives; whose qualifications does not breach the provisions under section 121 which disqualify him from standing for election as pyithu hluttaw representatives; who has served as a judicial officer or law officer at least five years not lower than that of the region or state level or as a judicial officer or law officer at least 10 years not lower than that of the district level for; or who has practised as an advocate for at least 15 years; or who is, in the opinion of the president, an eminent jurist. loyal to the union and its citizens; who is not a member of a political party; who is not a hluttaw representative. part 5. impeachment of the chief justice of the high court of the region or the high court of the state and judges of the high court of the region or the high court of the state 311 the chief justice of the high court of the region or state or judges of the high court of the region or state may be impeached on any of the following reasons: high treason; breach of any provision of the constitution; misconduct; disqualification of the qualification of the chief justice of the high court of the region or state and judges of the high court of the region or state prescribed under section 310; inefficient discharge of duties assigned by law. if the president wishes to impeach the chief justice of the high court of the region or state or the chief minister of the region or state wishes to impeach any of the judges of the high court of the region or state concerned, he shall submit the charge to the speaker of the region or state hluttaw. if the representatives of the region or state hluttaw wish to impeach the chief justice of the high court of the region or state concerned or the judge of the high court of the region or state concerned, the charge signed by not less than one-fourth of the total number of representatives of the region or state hluttaw concerned shall be submitted to the speaker of the region or state hluttaw concerned. the speaker of the region or state hluttaw shall form an investigation body and cause the charge to be investigated in accord with the law. the time for the completion of the investigation shall be determined on the volume of work. if the president or the chief minister of the region or the chief minister of the state wishes to carry out the impeachment, an investigation body shall be formed with the representatives of the region or state hluttaw concerned and a suitable person from among the members of the investigation body shall be assigned as the chairperson. the president or the chief minister of the region or state concerned may, himself in person or through a representative, explain the charge before the investigation body and has also the right to submit relevant evidences and witnesses. when the charge is being investigated, the person being charged shall be given the right to defend himself in person or through a representative. the speaker of the region or state hluttaw shall, on being submitted the findings of the investigation concerning the impeachment by the investigation body, report it to the region or state hluttaw. the speaker of the region or state hluttaw shall, if the resolution is passed that the charge has been substantiated and the alleged person is unfit to continue to serve as the chief justice of the high court of the region or state or a judge of the high court of the region or state by two-thirds of the total number of the representatives of the region or state hluttaw, if it is the case concerning the chief justice of the high court of the region or state, the said resolution is submitted to the president and if it is the case concerning a judge of the high court of the region or state, the said resolution is submitted to the chief minister of the region or state concerned. the chief minister of the region of the state shall, on receiving the said resolution, submit it to the president. on receiving the report, the president shall, proceed to remove the chief justice of the high court of the region or state or the judge of the high court of the region or state who has been impeached from office. if the region or state hluttaw concerned resolves that the charge has failed, the speaker of the region or state hluttaw shall, if it is the case concerning the chief justice of the high court of the region or state, such resolution is submitted to the president and if it is the case concerning the judge of the high court of the region or state, such resolution is submitted to the chief minister of the region or state concerned. part 6. term of the chief justice of the high court of the region or the high court of the state and judges of the high court of the region or high court of the state the chief justice of the high court of the region or state and judges of the high court of the region or state shall hold office up to the age of 65 years unless any of the following occurs: resignation on his own volition; being impeached in accord with the provisions under the constitution and removed from office; being found to be unable to continue to serve due to permanent disability caused by either physical or mental defect according to the findings of the medical board formed by law; death. duties, powers and rights of the chief justice of the high court of the region or state and the judges of the high court of the region or state shall be prescribed by law. part 7. courts under the supervision of the high court of the region or the high court of the state the following levels of courts are under the supervision of the high court of the region or state: if there is no self-administered areas in the region or state: district courts; township courts. if there is self-administered areas in the region or state: in the self-administered division: court of the self-administered division; township courts. in the self-administered zone: court of the self-administered zone; township courts. in the remaining areas: district courts; township courts. in the union territory: district courts; township courts. other courts constituted by law. part 8. jurisdiction of the district courts and township courts district courts, courts of the self-administered division, and courts of the self-administered zone, in accord with the law, have the jurisdiction relating to original criminal cases, original civil cases, appeal cases, revision cases or matters prescribed by any law. township courts, in accord with the law, have the jurisdiction relating to original criminal cases, original civil cases or matters prescribed by any law. the judges appointed in accord with the law at the courts formed by the constitution or any other law shall administer all judicial affairs in the entire union. 318 appointment of judges at various levels of courts under the supervision of the high court of the region or state, conferring judicial powers, prescribing the duties, powers and rights shall be in accord with the law. formation of staff organizations, comprising of officers and other ranks at the supreme court of the union, the high courts of the region or state and other courts, and prescribing duties, powers and rights shall be in accord with the law. d. courts-martial according to sub-section (b) of section 293, the courts-martial shall be constituted in accord with the constitution and the other law and shall adjudicate defence services personnel. e. the constitutional tribunal of the union part 1. formation of the constitutional tribunal of the union the constitutional tribunal of the union shall be formed with nine members including the chairperson. the president shall submit the candidature list of total nine persons, three members chosen by him, three members chosen by the speaker of the pyithu hluttaw and three members chosen by the speaker of the amyotha hluttaw, and one member from among nine members to be assigned as the chairperson of the constitutional tribunal of the union, to the pyidaungsu hluttaw for its approval. part 2. functions and duties of the constitutional tribunal of the union the functions and the duties of the constitutional tribunal of the union are as follows: interpreting the provisions under the constitution; vetting whether the laws promulgated by the pyidaungsu hluttaw, the region hluttaw, the state hluttaw or the self-administered division leading body and the self-administered zone leading body are in conformity with the constitution or not; vetting whether the measures of the executive authorities of the union, the regions, the states, and the self-administered areas are in conformity with the constitution or not; deciding constitutional disputes between the union and a region, between the union and a state, between a region and a state, among the regions, among the states, between a region or a state and a self-administered area and among the self-administered areas; deciding disputes arising out of the rights and duties of the union and a region, a state or a self-administered area in implementing the union law by a region, state or self-administered area; vetting and deciding matters intimated by the president relating to the union territory; functions and duties conferred by laws enacted by the pyidaungsu hluttaw. part 3. effect of the resolution of the constitutional tribunal of the union in hearing a case by a court, if there arises a dispute whether the provisions contained in any law contradict or conform to the constitution, and if no resolution has been made by the constitutional tribunal of the union on the said dispute, the said court shall stay the trial and submit its opinion to the constitutional tribunal of the union in accord with the prescribed procedures and shall obtain a resolution. in respect of the said dispute, the resolution of the constitutional tribunal of the union shall be applied to all cases. the resolution of the constitutional tribunal of the union shall be final and conclusive. part 4. submission to obtain the interpretation, resolution and opinion of the constitutional tribunal of the union the following persons and organizations shall have the right to submit matters directly to obtain the interpretation, resolution and opinion of the constitutional tribunal of the union: the president; the speaker of the pyidaungsu hluttaw; the speaker of the pyithu hluttaw; the speaker of the amyotha hluttaw; the chief justice of the union; the chairperson of the union election commission. the following persons and organizations shall have the right to submit matters to obtain the interpretation, resolution and opinion of the constitutional tribunal of the union in accord with the prescribed procedures: the chief minister of the region or state; the speaker of the region or state hluttaw; the chairperson of the self-administered division leading body or the self-administered zone leading body; representatives numbering at least ten percent of all the representatives of the pyithu hluttaw or the amyotha hluttaw. part 5. appointment of the chairperson and members of the constitutional tribunal of the union the president shall appoint the chairperson and members of the constitutional tribunal of the union approved by the pyidaungsu hluttaw. the pyidaungsu hluttaw shall have no right to refuse the persons nominated for members of the constitutional tribunal of the union by the president unless it can clearly be proved that they are disqualified. the president has the right to submit again, in accord with the provisions of the constitution, the new nomination list to replace the person who has not been approved by the pyidaungsu hluttaw for appointment as member of the constitutional tribunal of the union. a member of the constitutional tribunal of the union shall: if he is a representative of any hluttaw, be deemed to have resigned as representative of the hluttaw commencing from the day he has been appointed as a member of the constitutional tribunal of the union; if he is a civil services personnel, be deemed to have retired from the civil services in accord with the existing civil services regulations commencing from the day he has been appointed as a member of the constitutional tribunal of the union; if he is a member of any political party, he shall not take part in its party activities during his term, commencing from the day he has been appointed a member of the constitutional tribunal of the union. if a member of the constitutional tribunal of the union wishes to resign on his own volition from office before the expiry of his term due to any reason, he may do so, after submitting his resignation in writing to the president. if the position of a member of the constitutional tribunal of the union is vacant for any reason, the president may appoint a new member of the constitutional tribunal of the union in accord with the provisions under the constitution. part 6. qualifications of the member of the constitutional tribunal of the union the president, the speaker of the pyithu hluttaw and the speaker of the amyotha hluttaw shall select from among the hluttaw representatives or among those who are not hluttaw representatives with three members each who has the following qualifications: person who has attained the age of 50 years; person who has qualifications, with the exception of the age limit, prescribed in section 120 for pyithu hluttaw representatives; person whose qualification does not breach the provisions under section 121 which disqualify a person standing for election as pyithu hluttaw representatives; person who has served as a judge of the high court of the region or state for at least five years; or person who has served as a judicial officer or a law officer at least 10 years not lower than that of the region or state level for; or person who has practised as an advocate for at least 20 years; or person who is, in the opinion of the president, an eminent jurist. person who is not a member of a political party; person who is not a hluttaw representative; person who has political, administrative, economic and security outlook; person loyal to the union and its citizens. part 7. impeachment of the chairperson and the members of the constitutional tribunal of the union 334 the chairperson and members of the constitutional tribunal of the union may be impeached on any of the following reasons: high treason; breach of any of the provisions under the constitution; misconduct; disqualification of the qualifications of member of the constitutional tribunal of the union prescribed under section 333; inefficient discharge of duties assigned by law. if the chairperson or any member of the constitutional tribunal of the union is to be impeached, it shall be done so in accord with the impeachment provisions as prescribed under section 302 of the chief justice of the union or a judge of the supreme court of the union. term of the constitutional tribunal of the union part 8. term of the constitutional tribunal of the union the term of the constitutional tribunal of the union is the same as that of the pyidaungsu hluttaw being five years. however, the ongoing constitution tribunal of the union, on expiry of its term, shall continue its functions till the president forms a new tribunal under the constitution. the formation and communication of the constitutional tribunal of the union, duties, powers and rights of the chairperson and members of the tribunal shall be prescribed by law. chapter vii. defence services the main armed force for the defence of the union is the defence services. all the armed forces in the union shall be under the command of the defence services. the defence services shall lead in safeguarding the union against all internal and external dangers. with the approval of the national defence and security council, the defence services has the authority to administer the participation of the entire people in the security and defence of the union. the strategy of the people's militia shall be carried out under the leadership of the defence services. the defence services shall render assistance when calamities that affects the union and its citizens occur in the union. the president shall appoint the commander-in-chief of the defence services with the proposal and approval of the national defence and security council. in the adjudication of military justice: the defence services personnel may be administered in accord with law collectively or singly; the decision of the commander-in-chief of the defence services is final and conclusive. a law shall be enacted to provide assistance and care for disabled defence services personnel and the families of deceased or fallen defence services personnel. chapter viii. citizen, fundamental rights and duties of the citizens all persons who have either one of the following qualifications are citizens of the republic of the union of myanmar: person born of parents both of whom are nationals of the republic of the union of myanmar; person who is already a citizen according to law on the day this constitution comes into operation. citizenship, naturalization and revocation of citizenship shall be as prescribed by law. the union shall guarantee any person to enjoy equal rights before the law and shall equally provide legal protection. the union shall not discriminate any citizen of the republic of the union of myanmar, based on race, birth, religion, official position, status, culture, sex and wealth. citizens shall enjoy equal opportunity in carrying out the following functions: public employment; occupation; trade; business; technical know-how and vocation; exploration of art, science and technology. women shall be entitled to the same rights and salaries as that received by men in respect of similar work. mothers, children and expectant women shall enjoy equal rights as prescribed by law. the union shall, upon specified qualifications being fulfilled, in appointing or assigning duties to civil service personnel, not discriminate for or against any citizen of the republic of the union of myanmar, based on race, birth, religion, and sex. however, nothing in this section shall prevent appointment of men to the positions that are suitable for men only. nothing shall, except in accord with existing laws, be detrimental to the life and personal freedom of any person. every citizen shall be at liberty in the exercise of the following rights, if not contrary to the laws, enacted for union security, prevalence of law and order, community peace and tranquility or public order and morality: to express and publish freely their convictions and opinions; to assemble peacefully without arms and holding procession; to form associations and organizations; to develop their language, literature, culture they cherish, religion they profess, and customs without prejudice to the relations between one national race and another or among national races and to other faiths. every citizen shall have the right to settle and reside in any place within the republic of the union of myanmar according to law. the union shall protect according to law movable and immovable properties of every citizen that are lawfully acquired. the union shall protect the privacy and security of home, property, correspondence and other communications of citizens under the law subject to the provisions of this constitution. the union prohibits the enslaving and trafficking in persons. the union prohibits forced labor except hard labor as a punishment for crime duly convicted and duties assigned by the union in accord with the law in the interest of the public. 360 the freedom of religious right given in section 34 shall not include any economic, financial, political or other secular activities that may be associated with religious practice. the freedom of religious practice so guaranteed shall not debar the union from enacting law for the purpose of public welfare and reform. the union recognizes special position of buddhism as the faith professed by the great majority of the citizens of the union. the union also recognizes christianity, islam, hinduism and animism as the religions existing in the union at the day of the coming into operation of this constitution. the union may assist and protect the religions it recognizes to its utmost. the abuse of religion for political purposes is forbidden. moreover, any act which is intended or is likely to promote feelings of hatred, enmity or discord between racial or religious communities or sects is contrary to this constitution. a law may be promulgated to punish such activity. every citizen shall, in accord with the law, have the right to freely develop literature, culture, arts, customs and traditions they cherish. in the process, they shall avoid any act detrimental to national solidarity. moreover, any particular action which might adversely affect the interests of one or several other national races shall be taken only after coordinating with and obtaining the settlement of those affected. every citizen, in accord with the educational policy laid down by the union: has the right to education; shall be given basic education which the union prescribes by law as compulsory; have the right to conduct scientific research explore science, work with creativity and write to develop the arts and conduct research freely other branches of culture. every citizen shall, in accord with the health policy laid down by the union, have the right to health care. the union shall honour and assist citizens who are outstanding in education irrespective of race, religion and sex according to their qualifications. 369 subject to this constitution and relevant laws, every citizen has the right to elect and right to be elected to the pyithu hluttaw, the amyotha hluttaw, and the region or state hluttaw. relevant electorate has the right to recall a hluttaw representative in accord with the law. every citizen has, in accord with the law, the right to conduct business freely in the union, for national economic development. the union may assist the access to technology, investment, machinery, raw material, so forth, for national economic development. the union guarantees the right to ownership, the use of property and the right to private invention and patent in the conducting of business if it is not contrary to the provisions of this constitution and the existing laws. any person who committed a crime, shall be convicted only in accord with the relevant law then in operation. moreover, he shall not be penalized to a penalty greater than that is applicable under that law. any person convicted or acquitted by a competent court for an offence shall not be retried unless a superior court annuls the judgment and orders the retrial. an accused shall have the right of defence in accord with the law. no person shall, except matters on precautionary measures taken for the security of the union or prevalence of law and order, peace and tranquility in accord with the law in the interest of the public, or the matters permitted according to an existing law, be held in custody for more than 24 hours without the remand of a competent magistrate. in order to obtain a right given by this chapter, application shall be made in accord with the stipulations, to the supreme court of the union. 378 in connection with the filing of application for rights granted under this chapter, the supreme court of the union shall have the power to issue the following writs as suitable: writ of habeas corpus; writ of mandamus; writ of prohibition; writ of quo warranto; writ of certiorari. the right to issue writs by the supreme court of the union shall not affect the power of other courts to issue order that has the nature of writs according to the existing laws. at the time of the occurrence the following situation, the rights under section 377 shall not be suspended unless the public safety may so require: in time of war; in time of foreign invasion; in time of insurrection. every citizen who has relations with foreign countries shall have the right to seek protection of the union at home or abroad. except in the following situations and time, no citizen shall be denied redress by due process of law for grievances entitled under law: in time of foreign invasion; in time of insurrection; in time of emergency. in order to carry out their duties fully and to maintain the discipline by the defence forces personnel or members of the armed forces responsible to carry out peace and security, the rights given in this chapter shall be restricted or revoked through enactment to law. every citizen has the duty to uphold: non-disintegration of the union; non-disintegration of national solidarity; perpetuation of sovereignty. every citizen has duty to abide by the provisions of this constitution. every citizen has the duty to safeguard independence, sovereignty and territorial integrity of the republic of the union of myanmar. every citizen has the duty to undergo military training in accord with the provisions of the law and to serve in the armed forces to defend the union. every citizen, with the union spirit, has the duty to enhance unity among national races and to ensure public peace and stability. every citizen has the duty for the emergence of a modern developed nation. every citizen has the duty to pay taxes to be levied according to the law. every citizen has the duty to assist the union in carrying out the following matters: preservation and safeguarding of cultural heritage; environmental conservation; striving for development of human resources; protection and preservation of public property. chapter ix. election part 1. election of peopleâ��ã�ã´s representatives to the hluttaws in electing people's representatives to the hluttaws: every citizen who has attained 18 years of age on the day on which the election commences, who is not disqualified by law, who is eligible to vote, and person who has the right to vote under the law, shall have the right to vote; every citizen who is eligible to vote and person who has the right to vote under the law shall cast a vote only for each hluttaw at a constituency in an election; moreover, the relevant national races having right to vote in accord with the provisions contained in this constitution have also the right to vote to elect hluttaw representatives of national races for their region or state hluttaw; secret balloting system shall be practised. the following persons shall have no right to vote: members of religious orders; persons serving prison terms; persons determined to be of unsound mind and stands so declared by a competent court; persons who have not yet been declared free from insolvent; persons disqualified by election law. a hluttaw candidate has, in an election: the right to be elected to one hluttaw only; the right to stand for one constituency only. 394 the electorate residing in the union territory or union territories designated by enactment of pyidaungsu hluttaw law have the right to elect the pyithu hluttaw and amyotha hluttaw representatives only. a region or state hluttaw representative elected from a territory designated as a union territory through enactment of a pyidaungsu hluttaw law, save as otherwise provided by the law, shall not continue to stand as a representative of the said hluttaw. every citizen who is not disqualified by the provisions under this constitution or the provisions of the election law shall have the right to stand for election to any hluttaw. part 2. recalling a representative of the hluttaw 396 a representative of the hluttaw may be recalled on any of the following reasons: high treason; breach of any provision of this constitution; misbehavior; disqualification prescribed in this constitution for the hluttaw representative; inefficient discharge of duties assigned to. a minimum of one percent out of the original voters of the electorate of the constituency concerned shall submit the complaint to the union election commission against the hluttaw representative on whom it wishes to recall. the union election commission shall conduct the investigation in accord with the law. in conducting the investigation on an allegation made to a hluttaw representative, he has a right to defend himself in person or through an agent. if the union election commission considers that the allegation is true and that the alleged person should not continue to serve as a hluttaw representative any longer, the union election commission shall proceed in accord with the law. the pyidaungsu hluttaw shall enact the necessary laws on matters relating to 'election' and on matters relating to 'recall'. part 3. formation of the union election commission 398 the president shall constitute a union election commission. in constituting the commission, he may appoint a minimum of five members including the chairman of the union election commission in accord with the provisions on appointment of the union minister prescribed in this constitution. the chairman and members of the union election commission shall be persons who: have attained 50 years of age; with the exception of the age limit, shall have the qualifications prescribed for the pyithu hluttaw representatives; have served in the position of the chief justice of the union or judge of the supreme court of the union or judge of the high court of the region or state or a similar position for a minimum of five years; or have served in the position of the judicial officer or the law officer not lower than the rank of the region or state level for a period of 10 years; or have served as a practising lawyer for a minimum of 20 years as an advocate; or shall be deemed by the president to be an eminent person. shall have integrity and experience; shall be not relevant with the provisions for disqualification of election as the pyithu hluttaw representative; shall be loyal to the state and its citizens; shall not be a member of a political party; shall not be a hluttaw representative; shall not be a person who accepts the position that entitles salary, allowance or money. part 4. duties of the union election commission the duties of the union election commission are as follows: holding hluttaw elections; supervising hluttaw elections; forming different levels of sub-commissions and supervising thereof; designating and amending the constituencies; compiling lists of voters and amending thereof; postponing elections of the constituencies where free and fair election cannot be held due to natural disaster or due to local security situation; prescribing rules relating to elections or political parties in accord with the provisions of this constitution, and procedures, directives, so forth, in accord with the relevant laws; constituting the election tribunals for trial of disputes relating to election in accord with the law; performing duties assigned under a law. part 5. impeachment of the chairman or the members of the union election commission 400 the president may impeach the chairman or the members of the union election commission for one of the following reasons: high treason; breach of any provision of this constitution; misconduct; disqualification on conditions prescribed for the representative concerned prescribe in this constitution; inefficient discharge of duties assigned to. impeachment shall be conducted in accord with the procedure laid down in this constitution relating to the impeachment of the chief justice of the union or a judge of the supreme court of the union. 401 if the chairman or a member of the union election commission during this term of service wishes to resign on his own accord due to any reason, he may submit his resignation in writing to the president. if the seat of the chairman or the member of the union election commission is vacant due to resignation, termination of duties, death or any other reason, the president may appoint a new chairman, or a member of the union election commission in accord with the provisions of appointment of a union minister prescribed in this constitution. if the chairman or member of the union election commission is a civil services personnel it shall be deemed that he has been retired from service in accord with the existing service regulations from the day of appointment of the chairman or member of the union election commission. part 6. resolutions and functions of the union election commission the resolutions and functions made by the union election commission on the following matters shall be final and conclusive: election functions; appeals and revisions relating to the resolutions and orders of the election tribunals; matters taken under the law relating to political party. duties, powers and privileges of the chairman and members of the union election commission shall be prescribed by law. chapter x. political parties part 1. formation of the political parties a political party shall: set the objective of non-disintegration of the union, non-disintegration of national solidarity and perpetuation of sovereignty; be loyal to the state. a political party shall: accept and practise a genuine and discipline-flourishing multi-party democratic system; abide by and respect this constitution and the existing laws; form and register as a political party in accord with the law. apolitical party shall, in accord with the law, have the right in the union to: organize freely; participate and compete in the elections. part 2. the right of non-existence of political parties if a political party infringe one of the following stipulations, it shall have no right of continued existence: having been declared an unlawful association under the existing law; directly or indirectly contacting or abetting the insurgent group launching armed rebellion against the union or the associations and persons determined by the union to have committed terrorist acts or the association declared to be an unlawful association; directly or indirectly receiving and expending financial, material and other assistance from a foreign government, a religious association, other association or a person from a foreign country; abusing religion for political purpose. if the body having authority to register political parties finds that a political party infringes one of the stipulations contained in section 407, the party's registration shall be revoked. the pyidaungsu hluttaw shall enact necessary laws concerning political parties. chapter xi. provisions on state of emergency if the president learns that or if the respective local administrative body submits that the administrative functions cannot be carried out in accord with the constitution in a region or a state or a union territory or a self-administered area, he may, after coordinating with the national defence and security council, promulgate an ordinance and declare a state of emergency. in the matter concerning the declaration of a state of emergency in accord with section 410, the president: may exercise the executive power of a region or a state or a self-administered area concerned. moreover, he may form an appropriate body or a suitable person and entrust the said executive power; in doing so, if necessary, has the right to exercise the legislative power only for executive matters from among the matters that may be legislated by the respective region, state or self-administered areas. however, the legislative power shall not be empowered on any body or any person. 412 if the president, learns that or if the respective local administrative body submits that there arises or is sufficient reason to arise a state of emergency endangering the lives, shelter and property of the public in a region or a state or a union territory or a self-administered area, after co-ordinating with the national defence and security council, may promulgate an ordinance and declare a state of emergency. if all the members are unable to attend the meeting held by the president to co-ordinate with the national defence and security council under sub-section (a), the president may declare in time a state of emergency after co-ordinating with the commander-in-chief of the defence services, the deputy commander-in-chief of the defence services, the minister for defence, and the minister for home affairs who are members. the said declaration shall be submitted to the national defence and security council for approval as soon as possible. according to section 412, concerning the declaration of a state of emergency: the local administrative bodies and their members and the civil services organizations and their members may obtain the assistance of the defence services to effectively carry out their duties in accord with the existing laws in order to quickly restore to its original situation in an area where the declaration of a state of emergency has been in operation; the president may, if necessary, declare a military administrative order. in the said order, the executive powers and duties and the judicial powers and duties concerning community peace and tranquillity and prevalence of law and order shall be conferred on the commander-in-chief of the defence services. the commander-in-chief of the defence services may exercise the said powers and duties himself or empower on any suitable military authority to exercise thereof. the president, in promulgating an ordinance and declaring a state of emergency: shall specify in the said ordinance the areas and the duration that the state of emergency is in operation; may, if necessary, restrict or suspend as required, one or more fundamental rights of the citizens residing in the areas where the state of emergency is in operation. the president shall, relating to the measures taken under sections 410 and 411, and relating to the measures taken under sections 412 and 413 in declaring a state of emergency, carry out such measures in accord with section 212 (b), (c) and (e). if the pyidaungsu hluttaw session besides approving the submission of the president under section 415 also extends the duration of the ordinance, it shall remain in operation up to the expiry of the extended duration. if there arises or if there is sufficient reason for a state of emergency to arise that may disintegrate the union or disintegrate national solidarity or that may cause the loss of sovereignty, due to acts or attempts to take over the sovereignty of the union by insurgency, violence and wrongful forcible means, the president may, after co-ordinating with the national defence and security council, promulgate an ordinance and declare a state of emergency. in the said ordinance, it shall be stated that the area where the state of emergency in operation is the entire nation and the specified duration is one year from the day of promulgation. 418 in the matter concerning the declaration of the state of emergency according to section 417, the president shall declare the transferring of legislative, executive and judicial powers of the union to the commander-in-chief of the defence services to enable him to carry out necessary measures to speedily restore its original situation in the union. it shall be deemed that the legislative functions of all hluttaws and leading bodies shall be suspended from the day of declaration. it shall also be deemed that on the expiry of the term of the said hluttaws, the relevant hluttaws have been dissolved automatically. notwithstanding anything contained in the constitution, commencing from the day of transfer of the sovereign power to the commander-in-chief of the defence services, it shall be deemed that the members appointed and assigned duties by approval of the relevant hluttaws in accord with the constitution, self-administered division leading bodies or the members of self-administered zone leading bodies, with the exception of the president and the vice-presidents, have been terminated from duty. the commander-in-chief of the defence services to whom the sovereign power has been transferred shall have the right to exercise the powers of legislature, executive and judiciary. the commander-in-chief of the defence services may exercise the legislative power either by himself or by a body including him. the executive power and the judicial power may be transferred to and exercised by an appropriate body that has been formed or a suitable person. the commander-in-chief of the defence services may, during the duration of the declaration of a state of emergency, restrict or suspend as required, one or more fundamental rights of the citizens in the required area. the president: shall submit the matter of transferring the sovereign power to the commander-in-chief of the defence services, after declaring a state of emergency under sections 417 and 418, to a regular session of the pyidaungsu hluttaw if it is in session, or to an emergency session of the pyidaungsu hluttaw by summoning it, if it is not in regular session; may, if the commander-in-chief of the defence services submits the extension of the prescribed duration by giving reasons why he has not yet been able to accomplish the duties assigned to him, and after co-ordinating with the national defence and security council, normally permit two extensions of the prescribed duration for a term of six months for each extension. the matter relating to the extension shall be reported to the emergency session of the pyidaungsu hluttaw by summoning it. the president shall, on submission of a report that the commander-in-chief of the defence services has accomplished the duties assigned, declare the annulment of the ordinance transferring the sovereign power to the commander-in-chief of the defence services under section 418, after co-ordinating with the national defence and security council, on the day of submission of the report by convening an emergency session of the pyidaungsu hluttaw if the term of the pyidaungsu hluttaw has not expired, or on the day that the submission of the report of the commander-in-chief of the defence services is received if that term of the pyidaungsu hluttaw has expired. the president shall, on receiving the report of the commander-in-chief of the defence services under section 422, revoke the temporary suspension of the legislative functions of all hluttaws and leading bodies if the term of the pyidaungsu hluttaw has not expired. the new executive and judicial bodies prescribed in the constitution shall then be formed and assigned duties in accord with the constitution. such bodies shall only carry out the duties for the remaining term of the hluttaw. notwithstanding that the term of the pyidaungsu hluttaw has expired, the president and the vice-presidents, or the speaker of the pyithu hluttaw and the speaker of the amyotha hluttaw shall remain in their office until the new president and the new vice-presidents, or the new speaker of the pyithu hluttaw and the new speaker of the amyotha hluttaw have been elected in accord with the constitution. the national defence and security council may, if the commander-in-chief of the defence services submits the extension of the prescribed duration by giving reasons why he has not been able to accomplish the assigned duties, on the expiry of the term of the pyidaungsu hluttaw, normally permit two extensions of the prescribed duration for a term of six months for each extension. the national defence and security council shall, concerning the matter of transferring of sovereign power by the president to the commander-in-chief of the defence services by declaring a state of emergency under sections 417 and 418, declare the annulment of the ordinance transferring the sovereign power to him under section 418 on receiving the report that the commander-in-chief of the defence services has accomplished the duties assigned to him. the national defence and security council: exercises the powers of the legislature, executive and judiciary before the hluttaws are formed in accord with the constitution; has the right to exercise the sovereign power until the new president has been elected and the union level administrative bodies have been formed in accord with the provisions in this constitution. in exercising thereof, the legislative power shall be exercised by itself. the executive power and the judicial power may be transferred to and exercised by the appropriate bodies that have been formed or a suitable person at the union, region or state and self-administered area levels. the national defence and security council shall form and assign duties to different levels of administrative bodies, the self-administered division leading body, or the self-administered zone leading bodies and election commission prescribed in the constitution with persons who meet the relevant qualifications prescribed in the constitution. the national defence and security council shall hold the general election in accord with the provisions of the constitution within a duration of six months commencing from the day on which the ordinance is annulled under section 426. the bodies formed under section 428 shall continue to perform their functions and duties until legislative, executive and judicial bodies have been formed in accord with the constitution after holding the general election. the national defence and security council shall exercise the sovereign power in the name of the president. the legitimate measures of any administrative body or any of its members, any civil services body or any of its members, and any military body or any of its members assigned powers and duties to take measures as required in order to speedily restore the security, stability, community peace and tranquility and prevalence of law and order to its original state on behalf of the president while a declaration of emergency is in operation or during the duration the sovereign power is being exercised by the commander-in-chief of the defence services or during the duration the sovereign power is being exercised by the national defence and security council, shall be valid. no legal action shall be taken on such legitimate measures. chapter xii. amendment of the constitution any provision of this constitution may be amended in the manner herein after provided: the proposal to amend the constitution shall be submitted in the form of a bill; the bill to amend the constitution shall not contain other proposals. the bill to amend the constitution shall be submitted to the pyidaungsu hluttaw. if twenty percent of the total number of the pyidaungsu hluttaw representatives submit the bill to amend the constitution, it shall be considered by the pyidaungsu hluttaw. 436 if it is necessary to amend the provisions of sections 1 to 48 in chapter i, sections 49 to 56 in chapter ii, sections 59 and 60 in chapter iii, sections 74, 109, 141 and 161 in chapter iv, sections 200, 201, 248 and 276 in chapter v, sections 293, 294, 305, 314 and 320 in chapter vi, sections 410 to 432 in chapter xi and sections 436 in chapter xii of this constitution, it shall be amended with the prior approval of more than seventy-five percent of all the representatives of the pyidaungsu hluttaw, after which in a nation-wide referendum only with the votes of more than half of those who are eligible to vote. provisions other than those mentioned in sub-section (a) shall be amended only by a vote of more than seventy-five percent of all the representatives of the pyidaungsu hluttaw. chapter xiii. state flag, state seal, national anthem and the capital 437 the state flag shall be as shown below: [image] law shall be promulgated concerning the state flag. 438 the state seal shall be as shown below: [image] law shall be promulgated concerning the state seal. 439 the present national anthem shall be prescribed as the national anthem. law shall be promulgated concerning the national anthem. the capital of the republic of the union of myanmar is nay pyi taw. chapter xiv. transitory provisions a nation-wide referendum held for adoption of this constitution where more than half of the eligible voters voted, of which majority of these voters adopted this constitution, shall come into operation throughout the union from the day the first session of the pyidaungsu hluttaw is convened. the state peace and development council shall continue to exercise state sovereignty before this constitution comes into operation. the preparatory work done by the state peace and development council, before this constitution comes into operation, to bring the constitution into operation, shall be deemed to have been carried out in accord with this constitution. 444 the government that exists on the day this constitution comes into operation shall continue to discharge the respective duties until the emergence of the new government formed and assigned duties in accord with this constitution. all courts existing on the day the coming into operation of this constitution shall continue to exercise their jurisdiction until new courts are constituted by law in accord with this constitution. all cases, civil, criminal and revenue, pending in the said courts, shall be disposed of in accord with the laws exercised on the day on which the cases came up for trial. all policy guidelines, laws, rules, regulations, notifications and declarations of the state law and order restoration council and the state peace and development council or actions, rights and responsibilities of the state law and order restoration council and the state peace and development council shall devolve on the republic of the union of myanmar. no proceeding shall be instituted against the said councils or any member thereof or any member of the government, in respect of any act done in the execution of their respective duties. existing laws shall remain in operation in so far as they are not contrary to this constitution until and unless they are repealed or amended by the pyidaungsu hluttaw. existing rules, regulations, by-laws, notifications, orders, directives and procedures shall remain in operation in so far as they are not contrary to this constitution until and unless they are repealed or amended by the union government. all functioning civil services personnel of departmental organizations including the defence services under the state peace and development council on the day this constitution comes into operation, shall continue in their functions unless otherwise prescribed by the government of the republic of the union of myanmar. chapter xv. general provisions this constitution is the basic law of all the laws of the union. myanmar language is the official language. the application of the basic principles of the union in the legislation and administration shall be the care of the union but shall not be enforceable in any court of law. interpretation of the preamble, sections, sub-sections, expressions, individual words and ideas of this constitution shall be based only on the myanmar text. in interpretation of expressions contained in this constitution reference shall be made to the existing interpretation law. the myanmar text of this constitution shall be kept as record in the national archives. such text shall be conclusive evidence of the provisions of this constitution. the government of the union may, in the interest of the union, relating to any of the economic activity prescribed to be carried out only by the government of the union: permit the region government or the state government to form a joint venture with the government of the union or to operate under terms and conditions; permit a co-operative organization, economic organization and an individual person to form a joint venture with the government of the union or to operate under terms and conditions. the republic of the union of myanmar shall honour all legitimate obligations arising out of treaties or agreements which before the commencement of this constitution have been in operation between the government of the union of myanmar and the government of other state, provided that such other state honours any reciprocal obligations towards the union of myanmar. 457 any proceedings relating to contract or liabilities which might have been brought against the government of the union of myanmar before this constitution comes into operation, may be brought against the government of the union of myanmar. the republic of the union of myanmar may sue and be sued in the name of the republic of the union of myanmar. schedule 1. union legislative list (refer to section 96) 1. union defence and security sector defence of the republic of the union of myanmar and every part thereof and preparation for such defence; defence and security industries; arms, ammunition and explosives including biological and chemical weapons; atomic energy, nuclear fuel and radiation and mineral resources essential to its production; declaration of war and conclusion of peace; stability, peace and tranquility of the union and prevalence of law and order; and police force. 2. foreign affairs sector representatives of the diplomatic, consular and other affairs; united nations; participation in international, regional and bilateral conferences, seminars, meetings, associations and other organizations and implementation of resolutions thereof; conclusion and implementation of international and regional treaties, agreements, conventions and bilateral agreements and treaties; passports and identification certificates; visas, admission into the republic of the union of myanmar, stay, departure, immigration and deportation; and extradition and request for extradition. 3. finance and planning sector the union budget; the union fund; currency and coinage; the central bank of myanmar and financial institutions; foreign exchange control; capital and money markets; insurance; income tax; commercial tax; stamp duty; customs duty; union lottery; tax appeal; services of the union; sale, lease and other means of execution of property of the union; disbursement of loans from the union funds; investment of the union funds; domestic and foreign loans; acquisition of property for the union; and foreign aid and financial assistance. 4. economic sector economy; commerce; co-operatives; corporations, boards, enterprises, companies and partnerships; imports, exports and quality control thereon; hotels and lodging houses; and tourism. 5. agriculture and livestock breeding sector land administration; reclamation of vacant, fallow and virgin lands; settlements and land records; land survey; dams, embankments and irrigation works managed by the union; meteorology, hydrology and seismic survey; registration of documents; mechanized agriculture; agricultural research; production of chemical fertilizers and insecticides; marine fisheries; and livestock proliferation, prevention and treatment of diseases and research works. 6. energy, electricity, mining and forestry sector petroleum, natural gas, other liquids and substances declared by the union law to be dangerously inflammable; production and distribution of electricity of the union; minerals, mines, safety of mine workers, and environmental conservation and restoration; gems; pearls; forests; and environmental protection and conservation including wildlife, natural plants and natural areas. 7. industrial sector industries to be undertaken by the union level; industrial zones; basic standardization and specification for manufactured products; science and technology and research thereon; standardization of weights and measures; and intellectual property such as copyrights, patents, trademarks and industrial designs. 8. transport, communication and construction sector inland water transport; maintenance of waterways; development of water resources and rivers and streams; carriage by sea; major ports; lighthouses, lightships and lighting plans; shipbuilding, repair and maintenance; air transport; air navigation, control and airfields construction; land transport; railways; major highways and bridges managed by the union; posts, telegraphs, telephones, fax, e-mail, internet, intranet and similar means of communication; and television, satellite communication, transmission and reception, and similar means of communication and housing and buildings. 9. social sector educational curricula, syllabus, teaching methodology, research, plans, projects and standards; universities, degree colleges, institutes and other institutions of higher education; examinations prescribed by the union; private schools and training; national sports; national health; development of traditional medicinal science and traditional medicine; charitable hospitals and clinics and private hospitals and clinics; maternal and child welfare; red cross society; prevention from adulteration, manufacture and sale of foodstuffs, drugs, medicines and cosmetics; welfare of children, youths, women, the disabled, the aged and the homeless; relief and rehabilitation; fire brigade; working hours, resting-hours, holidays and occupational safety; trade disputes; social security; labour organizations; managements by the union, the following: ancient culture or historical sites, buildings, monuments, records, stone inscriptions, ink inscriptions on stucco, palm-leaf parabaiks, handwritings, handiworks, inanimate objects and archaeological works; museums and libraries. literature, dramatic arts, music, traditional arts and crafts, cinematographic films and videos; and registration of births and deaths. 10. management sector general administration; administration of town and village land; tenants; narcotic drugs and psychotropic substances; union secrets; associations; prisons; development of border areas; census; citizenship, naturalization, termination and revocation of citizenship, citizenship scrutiny and registration; and titles and honours. 11. judicial sector judiciary; lawyers; criminal laws and procedures; civil laws and procedures including contract, arbitration, actionable wrong, insolvency, trust and trustees, administrator and receiver, family laws, guardians and wards, transfer of property and inheritance; law of evidence; limitation; suit valuation; specific relief; foreign jurisdiction; admiralty jurisdiction; and piracies, crimes committed in international waters or in outer space and offences against the international law on land or in international waters or in outer space. schedule 2. region or state legislative list (refer to section 188) 1. finance and planning sector the region or state budget; the region or state fund; land revenue; excise duty (not including narcotic drugs and psychotropic substances); municipal taxes such as taxes on buildings and lands, water, street lightings and wheels; services of the region or state; sale, lease and other means of execution of property of the region or state; disbursement of loans in the country from the region or state funds; investment in the country from the region or state funds; local plan; small loans business; investment that have the right to be undertaken in the region or state in accordance with the law enacted by the union; insurance that have the right to be undertaken by the region or state in accordance with the law enacted by the union; income tax that have the right to be undertaken by the region or state in accordance with the law enacted by the union; commercial tax that have the right to be undertaken by the region or state in accordance with the law enacted by the union; domestic and foreign loans that have the right to be undertaken by the region or state in accordance with the law enacted by the union; acquisition of property that have the right to be undertaken in the region or state in accordance with the law enacted by the union; foreign aid and financial assistant that have the right to be undertaken for the region or state in accordance with the law enacted by the union. 2. economic sector economic matters undertaken in the region or state in accord with law enacted by the union; commercial matters undertaken in the region or state in accord with law enacted by the union; co-operative matters undertaken in the region or state in accord with law enacted by the union; hotels and lodging houses that have the right to be undertaken by the region or state in accordance with the law enacted by the union; and tourism that has the right to be undertaken by the region or state in accordance with the law enacted by the union. 3. agriculture and livestock breeding sector agriculture; protection against and control of plants and crop pests and diseases; systematic use of chemical fertilizers and systematic production and use of natural fertilizers; agricultural loans and savings; dams, embankments, lakes, drains and irrigation works having the right to be managed by the region or state; fresh water fisheries; livestock breeding and systematic herding in accord with the law enacted by the union; reclamation vacant, fallow and virgin lands that have the right to be undertaken by the region or state in accordance with the law enacted by the union; registration of documents that have the right to be undertaken by the region or state in accordance with the law enacted by the union; agricultural research that have the right to be undertaken by the region or state in accordance with the law enacted by the union; marine fisheries that have the right to be undertaken by the region or state in accordance with the law enacted by the union; and agriculture and meteorology that have the right to be undertaken in the region or state in accordance with the law enacted by the union. 4. energy, electricity, mining and forestry sector medium and small scale electric power production and distribution that have the right to be managed by the region or state not having any link with national power grid, except large scale electric power production and distribution having the right to be managed by the union; salt and salt products; cutting and polishing of gemstones within the region or state; village firewood plantation; recreation centers, zoological garden and botanical garden; setting ratios on natural resources production that have the right to be undertaken by the region or state in accordance with the law enacted by the union; small and casual mining that have the right to be undertaken by the region or state in accordance with the law enacted by the union; safety of mine workers, environmental conservation and restoration that have the right to undertaken in the region or state in accordance with the law enacted by the union; small jewelry and small jewelry businesses that have the right to be undertaken in the region or state in accordance with the law enacted by the union; others woods expect teak and group (1) (where group 1 includes thitya, ingyin , pyinkado, padauk, thingan-net, tamalan) that have the right to be undertaken in the region or state in accordance with the law enacted by the union; and environmental protection and conservation including wildlife, natural plants and natural area that have the right to be managed in the region or state in accordance with the law enacted by the union. 5. industrial sector industries other than those prescribed to be undertaken by the union level; cottage industries; and industrial zones that have the right to be undertaken in the region or state in accordance with the law enacted by the union. 6. transport, communication and construction sector ports, jetties and pontoons having the right to be managed by the region or state; roads and bridges having the right to be managed by the region or state; systematic running of private vehicles within the region or state; maintenance of waterways that have the right to be undertaken in the region or state in accordance with the law enacted by the union; development of water resources and rivers and streams that have the right to be undertaken in the region or state in accordance with the law enacted by the union; shipbuilding, repair and maintenance that have the right to be undertaken by the region or state except managed by the union; air transport that have the right to be undertaken in the region or state in accordance with the law enacted by the union; and housing and buildings that have the right to be undertaken in the region or state in accordance with the law enacted by the union. 7. social sector matters on traditional medicine not contrary to traditional medicine policies prescribed by the union; social welfare works within the region or state; preventive and precautionary measures against fire and natural disasters; stevedoring; having the right of management by the region or state, the following: preservation of cultural heritage; museums and libraries. theatres, cinemas and video houses; exhibitions such as photographs, paintings and sculptures; basic education school management that have the right to be undertaken in the region or state in accordance with the law enacted by the union; philanthropic hospitals and clinics, private hospitals and clinics that have the right to be undertaken in the region or state in accordance with the law enacted by the union; prevention from adulteration, manufacture and sale of foodstuffs, drugs, medicines and cosmetics that have the right to be undertaken in the region or state in accordance with the law enacted by the union; welfare of children, youth, women, disable people, the aged and homeless that have the right to be undertaken in the region or state in accordance with the law enacted by the union; relief and rehabilitation that have the right to be undertaken in the region or state in accordance with the law enacted by the union; and literature, dramatic arts, music, traditional arts and crafts, cinematographic films and videos that have the right to be undertaken in the region or state in accordance with the law enacted by the union. 8. management sector development matters; town and housing development; honorary certificates and awards; management of excise tax that have the right to be undertaken in the region or state in accordance with the law enacted by the union; and border area development and rural development activities that have the right to be undertaken in the region or state in accordance with the law enacted by the union. schedule 3. list of legislation of the leading body of self-administered division or self-administered area (refer to section 196) urban and rural projects construction and maintenance of roads and bridges public health development affairs prevention of fire hazard maintenance of pasture conservation and preservation of forest preservation of natural environment in accord with law promulgated by the union water and electricity matters in towns and villages market matters of towns and villages schedule 4. form of oaths or affirmation (refer to section 125) i ................ do solemnly and sincerely promise that as an elected representative of the pyithu hluttaw/ the amyotha hluttaw/ the region or state hluttaw, i will uphold and abide by the constitution of the union. i will be loyal to the republic of the union of myanmar and citizenry and hold always in esteem non-disintegration of the union, non-disintegration of national solidarity and perpetuation of sovereignty. in addition, i will carry out the responsibilities uprightly to the best of my ability. schedule 5. taxes collected by region or states (refer to section 254) land revenue. excise revenue. water tax and embankment tax based on dams and reservoirs managed by the region or state and tax on use of electricity generated by such facilities managed by the region or state. toll fees from using roads and bridges managed by the region or state. royalty collected on fresh water fisheries. royalty collected on marine fisheries within the permitted range of territorial water. taxes collected on vehicles on road transport and vessels on inland waterway transport, in accord with law, in a region or a state. proceeds, rent fees and other profits from those properties owned by a region or a state. fees, taxes and other revenues collected on services enterprises by a region or a state. fines imposed by judicial courts in a region or a state including region taya hluttaw or state taya hluttaw and taxes collected on service provision and other revenues. interests from disbursed by a region or state. profits returned from investment of a region or state. taxes collected on extraction of the following items from the forests in a region or a state: taxes collected on all other woods except teak and other restricted hard woods; taxes collected on firewood, charcoal, rattan, bamboo, birdnests, cutch, thanetkha, turpentine, eaglewood and honey-based products. registration fees. taxes on entrainments. salt tax. revenue received from the union fund account. contributions by development affairs organizations in a region or state concerned. unclaimed cash and property. treasure trove. tax on investment that have the right to be undertaken in the region or state in accordance with the law enacted by the union; tax on insurance that have the right to be undertaken in the region or state in accordance with the law enacted by the union; tax on income that have the right to be undertaken in the region or state in accordance with the law enacted by the union; commercial taxes that have the right to be undertaken in the region or state in accordance with the law enacted by the union; customs duties that have the right to be undertaken in the region or state in accordance with the law enacted by the union; tax on hotels and lodging houses that have the right to be undertaken in the region or state in accordance with the law enacted by the union; tax on tourism that have the right to be undertaken in the region or state in accordance with the law enacted by the union; tax on registration of documents that have the right to be undertaken in the region or state in accordance with the law enacted by the union; tax on marine fisheries that have the right to be undertaken in the region or state in accordance with the law enacted by the union; tax on oils and gas that have the right to be undertaken in the region or state in accordance with the law enacted by the union; tax on mineral and mining that have the right to be undertaken in the region or state in accordance with the law enacted by the union; tax on jewelry that have the right to be undertaken in the region or state in accordance with the law enacted by the union; tax on others woods expect teak and group (1) including thitya, ingyin , pyinkado, padauk, thingan-net, tamalan that have the right to be undertaken in the region or state in accordance with the law enacted by the union; tax on industrial activities that have the right to be undertaken in the region or state in accordance with the law enacted by the union; tax on shipbuilding, repair and maintenance that have the right to be undertaken in the region or state in accordance with the law enacted by the union; tax on air transport that have the right to be undertaken in the region or state in accordance with the law enacted by the union; tax on housing and buildings that have the right to be undertaken in the region or state in accordance with the law enacted by the union; tax on private schools and training that have the right to be undertaken in the region or state in accordance with the law enacted by the union; tax on private hospitals and clinics that have the right to be undertaken in the region or state in accordance with the law enacted by the union; tax on literature, dramatic arts, music, traditional arts and crafts, cinematographic and videos that have the right to be undertaken in the region or state in accordance with the law enacted by the union. preamble granted by his majesty king george tupou i on the fourth day of november one thousand eight hundred and seventy-five and since amended in accordance with the law on divers dates mentioned in the endnotes to this revised edition. part i. declaration of rights 1. declaration of freedom since it appears to be the will of god that man should be free as he has made all men of one blood therefore shall the people of tonga and all who sojourn or may sojourn in this kingdom be free for ever. and all men may use their lives and persons and time to acquire and possess property and to dispose of their labour and the fruit of their hands and to use their own property as they will. 2. slavery prohibited no person shall serve another against his will except he be undergoing punishment by law and any slave who may escape from a foreign country to tonga (unless he be escaping from justice being guilty of homicide or theft or any great crime or involved in debt) shall be free from the moment he sets foot on tongan soil for no person shall be in servitude under the protection of the flag of tonga. 3. conditions under which foreign labourers may be introduced whoever may wish to bring persons from other islands to work for him may make an agreement with them for the number of years they will work for him and a copy of the written agreement he makes with them shall be deposited in the public offices stating the amount of payment they shall receive the period they shall work and a promise to take them back to their own land. and the government shall cause such contract to be carried out both on behalf of those who engage and those who are engaged. and such persons being so introduced shall be subject to the laws of the land and shall pay the same customs duties as all the people in the kingdom and taxes as shall be ordained by the king and his cabinet. 4. same law for all classes there shall be but one law in tonga for chiefs and commoners for non-tongans and tongans. no laws shall be enacted for one class and not for another class but the law shall be the same for all the people of this land. 5. freedom of worship all men are free to practise their religion and to worship god as they may deem fit in accordance with the dictates of their own consciences and to assemble for religious service in such places as they may appoint. but it shall not be lawful to use this freedom to commit evil and licentious acts or under the name of worship to do what is contrary to the law and peace of the land. 6. sabbath day to be kept holy the sabbath day shall be kept holy in tonga and no person shall practise his trade or profession or conduct any commercial undertaking on the sabbath day except according to law; and any agreement made or witnessed on that day shall be null and void and of no legal effect. 7. freedom of the press it shall be lawful for all people to speak write and print their opinions and no law shall ever be enacted to restrict this liberty. there shall be freedom of speech and of the press for ever but nothing in this clause shall be held to outweigh the law of defamation, official secrets or the laws for the protection of the king and the royal family. it shall be lawful, in addition to the exceptions set out in sub-clause (1), to enact such laws as are considered necessary or expedient in the public interest, national security, public order, morality, cultural traditions of the kingdom, privileges of the legislative assembly and to provide for contempt of court and the commission of any offence. it shall be lawful to enact laws to regulate the operation of any media. 8. freedom of petition all people shall be free to send letters or petitions to the king or legislative assembly and to meet and consult concerning matters about which they think it right to petition the king or legislative assembly to pass or repeal enactments provided that they meet peaceably without arms and without disorder. 9. habeas corpus the law of the writ of habeas corpus shall apply to all people and it shall never be suspended excepting in the case of war or rebellion in the land when it shall be lawful for the king to suspend it. 10. accused must be tried no one shall be punished because of any offence he may have committed until he has been sentenced according to law before a court having jurisdiction in the case. 11. procedure on indictment no one shall be tried or summoned to appear before any court or punished for failing to appear unless he have first received a written indictment (except in cases of impeachment or for small offences within the jurisdiction of the magistrate or for contempt of court while the court is sitting). such written indictment shall clearly state the offence charged against him and the grounds for the charge. and at his trial the witnesses against him shall be brought face to face with him (except according to law) and he shall hear their evidence and shall be allowed to question them and to bring forward any witness of his own and to make his own statement regarding the charge preferred against him. but whoever shall be indicted for any offence if he shall so elect shall be tried by jury and this law shall never be repealed. and all claims for large amounts shall be decided by a jury and the legislative assembly shall determine what shall be the amount of claim that may be decided without a jury. 12. accused cannot be tried twice no one shall be tried again for any offence for which he has already been tried whether he was acquitted or convicted except in cases where the accused shall confess after having been acquitted by the court and when there is sufficient evidence to prove the truth of his confession. 13. charge cannot be altered no one shall be tried on any charge but that which appears in the indictment, summons or warrant and for which he is being brought to trial: save and except that— where the complete commission of the offence charged is not proved but the evidence establishes an attempt to commit that offence the accused may be convicted of this attempt and punished accordingly; and where an attempt to commit an offence is charged but the evidence establishes the commission of the full offence the accused may be convicted of the attempt; and on the trial of any person for embezzlement or fraudulent conversion the jury shall be at liberty to find such person not guilty of embezzlement or fradulent conversion but guilty of theft and on the trial of any person for theft the jury shall be at liberty to find such person guilty of embezzlement or fraudulent conversion. any act may provide that a person charged with an offence may be convicted of another offence (not being a more serious offence) arising out of the same circumstances. 14. trial to be fair no one shall be intimidated into giving evidence against himself nor shall the life or property or liberty of anyone be taken away except according to law. 15. court to be unbiased it shall not be lawful for any judge or magistrate to adjudicate or for any juryman to sit in any case in which one of his relations is concerned either as a plaintiff defendant or witness: nor shall any judge or magistrate sit in any case which concerns himself: nor shall any judge or magistrate or juryman on any pretence receive any present or money or anything else from anyone who is about to be tried nor from any of the defendant's friends but all judges magistrates and jurymen shall be entirely free and shall in no case whatever be interested or biased on the discharge of their duties. 16. premises cannot be searched without warrant it shall not be lawful for anyone to enter forcibly the houses or premises of another or to search for anything or to take anything the property of another except according to law: and should any person lose any property and believe it to be concealed in any place whether house or premises it shall be lawful for him to make an affidavit before a magistrate that he believes it to be concealed in that place and he shall describe particularly the property so concealed and the place in which he believes it to be concealed and the magistrate shall issue a search warrant to the police to search for the property according to the affidavit so made. 17. government to be impartial the king shall reign on behalf of all his people and not so as to enrich or benefit any one man or any one family or any one class but without partiality for the good of all the people of his kingdom. 18. taxation compensation to be paid for property taken all the people have the right to expect that the government will protect their life liberty and property and therefore it is right for all the people to support and contribute to the government according to law. and if at any time there should be a war in the land and the government should take the property of anyone the government shall pay the fair value of such property to the owner. and if the legislature shall resolve to take from any person or persons their premises or a part of their premises or their houses for the purpose of making government roads or other work of benefit to the government the government shall pay the fair value. 19. expenditure to be voted no money shall be paid out of the treasury nor borrowed nor debts contracted by the government but by the prior vote of the legislative assembly, except in the following cases: where an act duly passed by the legislative assembly gives power to pay out money or borrow or contract debts, then money may be paid out, or borrowing carried out or debts contracted in terms of that act; and in cases of war or rebellion or dangerous epidemic or a similar emergency, then it may be done by the minister for finance with the consent of cabinet, and the king shall at once convoke the legislative assembly and the minister for finance shall state the grounds for the expenditure and the amount. 20. retrospective laws it shall not be lawful to enact any retrospective laws in so far as they may curtail or take away or affect rights or privileges existing at the time of the passing of such laws. 21. army subject to civil law every soldier shall be subject to the laws of the land whether he belong to the guards, the artillery or to the militia in accordance with the twenty-second clause and any soldier who breaks the law of the land shall be tried in the courts as any other person. and it shall not be lawful for any officer to quarter any soldier upon the premises of anyone except in time of war and then only as may be resolved by the legislative assembly. 22. guards and militia it shall be lawful for the king to command any taxpayer to join the militia for the purpose of instruction or for parade on public occasions should he think fit and also in time of war to call out all those capable of bearing arms and to make orders and regulations for their control and provisioning. 23. disabilities of convict no person having been convicted of a criminal offence and sentenced to imprisonment for more than two years, shall hold any office under the government whether of emolument or honour nor shall he be qualified to vote for nor to be elected a representative of the legislative assembly unless he has received from the king a pardon together with a declaration that he is freed from the disabilities to which he would otherwise be subject under the provisions of this clause: provided that the operation of this clause shall be suspended in any case until the expiration of 42 days after the date of sentencing; and in cases where notice of appeal or leave to appeal is given within 42 days after the date of sentencing, until the determination of the appeal; and if the conviction is quashed on appeal or the sentence reduced to no more than 2 years imprisonment then this clause shall not have effect. 24. public officer not to engage in trade it shall not be lawful for anyone holding any office under the government whether of emolument or otherwise to hold any appointment from another government without first obtaining permission from cabinet. and it shall not be lawful for anyone holding an office of emolument under the government to engage in trade or work for anyone else, except with the prior consent of cabinet. 25. (repealed by act 28 of 1978) 26. (repealed by act 28 of 1978) 27. age of maturity no person may succeed to any tofi'a or any title until he has attained the age of twenty one years, save for members of the royal family who shall be deemed to have attained maturity at eighteen years of age. 28. qualifications for jurors every tongan who has arrived at the age of 21 years and can read and write and is not disabled by the twenty third clause of this constitution shall be liable to serve on juries and the names of all those who are liable to serve shall be published once every year and anyone who neglects to serve shall be punished as shall be enacted by the legislature. ministers of the crown and the governors, members of the legislative assembly, judges and magistrates, heads of government departments or ministries, law practitioners, members of the police force and of the armed forces of tonga, officers of the supreme court, of the magistrates courts or of any prison, ministers of religion, persons of unsound mind or persons incapable of serving by reason of blindness, deafness or any other permanent physical infirmity shall be exempt from serving on juries. 29. naturalization any foreigner after he has resided in the kingdom for the space of five years or more may with the consent of the king take the oath of allegiance and he may be granted certificates of naturalization and all naturalized subjects shall have the same rights and privileges as native born subjects of tonga with the exception that they shall not be entitled to the rights of hereditary tax allotments or town allotments. 29a. law may declare specific naturalization notwithstanding clause 29 of this constitution it shall be lawful for the king and the legislative assembly to enact specific laws declaring any persons whether or not they have ever resided in tonga to be or to have become naturalized subjects of tonga from any date. all persons who are declared to be naturalized subjects of tonga by any such legislation shall have, and shall be deemed to have had from the effective dates of their naturalizations, the same rights and privileges as other foreigners becoming naturalized subjects of tonga by the grant to them of certificates of naturalization. for the avoidance of doubt, clause 20 of this constitution shall not apply to any laws enacted in pursuance of sub-clause (1). part ii. form of government 30. form of government the form of government for this kingdom is a constitutional monarchy under his majesty king george tupou v and his successors. 31. government the government of this kingdom is divided into three bodies— 1st: the cabinet; 2nd: the legislative assembly; 3rd: the judiciary. 31a. attorney general the king in privy council, after receiving advice from the judicial appointments and discipline panel, shall appoint an attorney general, who shall: be the principal legal advisor to cabinet and government; be in charge of all criminal proceedings on behalf of the crown; and perform any other functions and duties required under law. the attorney general shall, unless otherwise provided by law, have complete discretion to exercise his legal powers and duties, independently without any interference whatsoever from any person or authority. the attorney general shall be a person who is qualified to be a judge of the supreme court and he shall, subject to any contractual arrangements, hold office during good behaviour. the king in privy council, after receiving advice from the judicial appointments and discipline panel, shall determine the terms of appointment of the attorney general, and shall have the power to dismiss him. in the event of a vacancy in the office of the attorney general, and pending the appointment of an attorney general under sub-clause (1), the king in privy council may appoint a suitably qualified person to be attorney general ad interim, to hold office until a substantive appointment has been made. any such appointee shall have all the powers and privileges and perform all the duties of attorney general as set forth in this clause. 32. succession to the throne the right and title of king george tupou i to the crown and throne of this kingdom were confirmed by the constitution of 1875 and it was further declared in the said constitution that the succession to the crown and throne should devolve upon david uga and then upon wellington gu and then upon them begotten by him in marriage and if at any time there be no heirs of wellington gu the crown and throne shall descend in accordance with the following law of succession: it shall be lawful only for those born in marriage to succeed. the succession shall be to the eldest male child and the heirs of his body but if he should have no children to the second male child and the heirs of his body and so on until all the male line shall be ended. should there be no male child the eldest female child shall succeed and the heirs of her body and if she should have no children it shall descend to the second female child and the heirs of her body until the female line is ended. and if there shall be none of this line of david uga lawful descendants by marriage to succeed to the crown of tonga it shall descend to william tungi and his lawful heirs begotten by him in marriage and to their heirs begotten by them. and if there should be no lawful heir the king shall appoint his heir if the house of nobles consent to it (the representatives of the people having no voice in the matter) and he shall be publicly declared heir to the crown during the king's life. should there be no heir to the crown or successor who has been so publicly proclaimed the prime minister or in his absence the cabinet ministers shall convoke the nobles of the legislative assembly (the representatives of the people having no voice in the matter) and when they meet the house of nobles shall choose by ballot some one of the chiefs whom they wish to succeed as king. and he shall succeed as the first of a new dynasty and he and the heirs of his body born in marriage shall possess the crown according to law. and in the event of there being none to succeed according to this law the prime minister or in his absence the cabinet ministers shall again convoke the nobles of the legislative assembly in accordance with this law and they shall choose one to succeed to the throne as the first of a new dynasty and so on according to this law for ever. 33. heir apparent may not choose consort it shall not be lawful for any member of the royal family who is likely to succeed to the throne to marry any person without the consent of the king. and if any person should thus marry the marriage shall not be considered legal and it shall be lawful for the king to cancel the right of such person and his heirs to succeed to the crown of tonga. and the next person in succession to him who so marries shall be declared the heir and the offender shall be regarded as dead. the expression "any member of the royal family who is likely to succeed to the throne" in the last preceding sub-clause shall be construed to include all persons born in lawful marriage and related by descent either lineally or collaterally to the king but not more than twenty times removed from the king. 34. coronation oath the following oath shall be taken by those who shall succeed to the throne— "i solemnly swear before almighty god to keep in its integrity the constitution of tonga and to govern in conformity with the laws thereof." 35. idiot not to succeed no person shall succeed to the crown of tonga who has been found guilty of an offence punishable by imprisonment for more than two years or who is insane or imbecile. 36. king commands forces the king is the commander-in-chief of the armed forces of tonga. he shall appoint all officers and make such regulations for the training and control of the forces as he may think best for the welfare of the country but it shall not be lawful for the king to make war without the consent of the legislative assembly. 37. king may grant pardons it shall be lawful for the king in privy council to grant a royal pardon to any person for a breach of law (including any person who has been convicted of a breach of law) except in cases of impeachment. 38. king's relations with parliament the king may convoke the legislative assembly at any time and may dissolve it at his pleasure and command that new representatives of the nobles and people be elected to enter the assembly. but it shall not be lawful for the kingdom to remain without a meeting of the assembly for a longer period than one year. the assembly shall always meet at nuku'alofa and at no other place except in time of war. 39. treaties it shall be lawful for the king to make treaties with foreign states provided that such treaties shall be in accordance with the laws of the kingdom. the king may appoint his representatives to other nations according to the custom of nations. 40. foreign ministers the king shall receive foreign ministers and may address the legislative assembly in writing regarding the affairs of the kingdom and matters which he may wish to bring before the assembly for deliberation. 41. king's powers – signature to acts the king is the sovereign of all the chiefs and all the people. the person of the king is sacred. he reigns the country but his ministers are responsible. all acts that have passed the legislative assembly must bear the king's signature before they become law. 42. prince regent should the king die before his heir is eighteen years of age a prince regent shall be appointed in accordance with the forty-third clause. 43. prince regent, how appointed should the king wish to travel abroad it shall be lawful for him to appoint a prince regent who shall administer the affairs of the kingdom during his absence. and if the king should die whilst his heir is not yet arrived at the age of eighteen years and he has not declared in his will his wishes regarding a prince regent during his heir's minority the prime minister of the cabinet shall at once convoke the legislative assembly and they shall choose by ballot a prince regent who shall administer the affairs of the kingdom in the name of the king until the heir shall have attained his majority (but the representatives of the people shall have no voice in such election). 44. king may confer titles it is the king's prerogative to give titles of honour and to confer honourable distinctions but it shall not be lawful for him to deprive anyone who has an hereditary title of his title such as chiefs of hereditary lands and nobles of the legislative assembly who possess hereditary lands except in cases of treason. and if anyone shall be tried and found guilty of treason the king shall appoint a member of that family to succeed to the name and inheritance of the guilty person. 45. coinage it is the prerogative of the king with the advice of his cabinet to decree the coinage which shall be legal tender in this kingdom and to make regulations for the coining of money. 46. martial law in the event of civil war or war with a foreign state it shall be lawful for the king to proclaim martial law over any part or over the whole of the country. 47. national flag the flag of tonga (the flag of king george) shall never be altered but shall always be the flag of this kingdom and the present royal ensign shall always be the ensign of the royal family of tonga. 48. royal property the lands of the king and the property of the king are his to dispose of as he pleases. the government shall not touch them nor shall they be liable for any government debt. but the houses built for him by the government and any inheritances which may be given to him as king shall descend to his successors as the property and inheritance of the royal line. 49. king exempt from action it shall not be lawful to sue the king in any court for a debt without the consent of the cabinet. privy council 50. constitution and powers of privy council the king shall appoint a privy council to provide him with advice. the privy council shall be composed of such people whom the king shall see fit to call to his council. if any case shall be heard in the land court relating to the determination of hereditary estates and titles, it shall be lawful for either party thereto to appeal to the king in privy council which shall determine how the appeal shall proceed and the judgment of the king in privy council shall be final. privy council may by order in council regulate its own procedures. the prime minister 50a. the prime minister the king shall appoint from amongst the elected representatives a prime minister who is recommended by the legislative assembly in accordance with the procedure set out in the schedule to, or clause 50b of, this constitution. the prime minister shall hold office untilanother prime minister is appointed in accordance with this constitution; his appointment is revoked under clause 50b; he dies, resigns, or his appointment is revoked after he ceases to be an elected representative for any reason other than the dissolution of the legislative assembly; or he becomes ineligible to hold the office in accordance with this constitution or any other law. the prime minister shall regularly and as required report to the king upon matters that have arisen with the government and upon the state of the country. 50b. votes of no confidence if the legislative assembly passes a motion described as a "vote of no confidence in the prime minister" in accordance with this clause, then upon delivery of that resolution to the king by the speaker, the prime minister and all ministers shall be deemed to have resigned and their appointments revoked. a vote of no confidence in the prime ministershall not be moved unless at least 5 working days' notice of the intention to move such a motion has been given to the speaker; and shall be of no effect if made within 18 months after a general election has been held, nor within 6 months before the date by which an election shall be held in accordance with clause 77(1), nor within 12 months after the date on which the last such motion was voted upon in the legislative assembly. if within 48 hours of the revocation of the appointment of the prime minister and all ministers in accordance with sub-clause (1) following a vote of no confidence in the prime minister, the legislative assembly passes a motion that recommends the appointment of another elected representative as prime minister, then upon delivery of that resolution to the king by the speaker, the king shall appoint the person so nominated as the prime minister. if no recommendation is delivered to him in accordance with subclause (3) following a vote of no confidence in the prime minister, the king shalldissolve the legislative assembly and command that a general election be held on a date not more than 90 days thereafter; appoint as interim prime minister the elected representative who the king considers best able to lead an interim government, who shall not be the prime minister in respect of whom a motion of no confidence was passed in the legislative assembly, until a prime minister is appointed after the general election; and in consultation with the interim prime minister, appoint interim ministers to hold office until ministers are appointed after the general election. cabinet 51. function, constitution and powers of cabinet the executive authority of the kingdom shall vest in the cabinet, which shall be collectively responsible to the legislative assembly for the executive functions of the government. the cabinet shall consist of the prime minister and such other ministers who are nominated by the prime minister and appointed by the king: provided thatthe prime minister may nominate as cabinet ministers not more than 4 persons who are not elected representatives; the prime minister and cabinet shall be fewer in number than half of the number of elected members of the legislative assembly excluding the speaker. a minister shall retain his position as minister untilhis appointment is revoked by the king on the recommendation of the prime minister or in accordance with clause 50b; he dies, resigns or is dismissed from office following impeachment under clause 75; or he becomes ineligible to hold the office in accordance with this constitution or any other law: provided that: following a general election, and when appointed under clause 50b (4)(c), ministers shall be and remain as caretaker ministers until their appointments are revoked or continued on the recommendation of the newly appointed prime minister; and during such period caretaker ministers shall not incur any unusual or unnecessary expenditure without the written approval of the caretaker minister for finance. the prime minister may assign and re-assign ministries to and amongst the cabinet ministers. each minister shall draw up an annual report to the legislative assembly advising of the activities and plans of his ministry and if the legislative assembly shall wish to know anything concerning the ministry of any minister he shall answer all questions put to him by the legislative assembly and report everything in connection with his ministry. a minister who is not an elected representative shall sit and vote in the legislative assembly and shall, unless otherwise provided in any act, have all the rights, duties and responsibilities of an elected representative except that he shall not be entitled to vote in any vote of no confidence in the prime minister under clause 50b. the term "executive authority" in sub-clause (1) excludes all powers vested in the king or the king in council, whether by this constitution, or any act of the legislative assembly, any subordinate legislation, and royal prerogatives. 52. duties of ministers each member of the cabinet shall have an office in nuku'alofa the capital of the kingdom and he shall satisfy himself that all the subordinates in his department faithfully perform their duties. and the government shall build or rent offices suitable for the work of each minister. 53. minister for finance to report to parliament when the legislative assembly shall meet the minister for finance shall present to the legislative assembly on behalf of the cabinet an account of all moneys which have been received and expended during the current year or since the last meeting of the assembly and the nature of the receipts and expenditure. 54. governors how appointed the king shall appoint governors to ha'apai and vava'u on the advice of the prime minister. 55. powers of governors it shall not be lawful for a governor to enact any law but he shall be responsible that the law is enforced in his district. the legislative assembly 56. power of legislative assembly the king and the legislative assembly shall have power to enact laws, and the representatives of the nobles and the representatives of the people shall sit as one house. when the legislative assembly shall have agreed upon any bill which has been read and voted for by a majority three times it shall be presented to the king for his sanction and after receiving his sanction and signature it shall become law upon publication. votes shall be given by raising the hand or by standing up in division or by saying "aye" or "no". 57. title the legislative assembly shall be called the legislative assembly of tonga. 58. sessions the legislative assembly shall meet at least once in every twelve calendar months but it shall be lawful to summon the same at any time. 59. composition the legislative assembly shall be composed ofthe representatives of the nobles; the representatives of the people; and all members of the cabinet. cabinet ministers who are elected representatives shall, unless dismissed after impeachment under clause 75, remain as members of the legislative assembly and representatives in their respective electoral constituency during their appointment as minister. 60. representative members there shall be elected by the nobles of the kingdom from their number nine nobles as representatives of the nobles and there shall be elected by electors duly qualified seventeen representatives of the people. the legislative assembly shall determine the boundaries of electoral districts for the election of representatives of the nobles and shall establish an independent commission to determine the boundaries of the electoral constituencies for the election of representatives of the people: provided that the constituency boundaries for the general election of 2010 shall be based on the recommendations of the royal constituency boundaries commission as approved by the legislative assembly. 61. speaker the king shall, within 5 days after the appointment of a prime minister in accordance with clause 50a following a general election, appoint one of the elected representatives of the nobles on the recommendation of the legislative assembly, to be the speaker of the legislative assembly. the speaker shall remain in office untilthe king appoints an interim speaker following the next general election in accordance with sub-section (8) of the schedule to this constitution; his appointment is revoked under sub-clause (3); or he dies, resigns or his appointment is revoked after he ceases to be an elected representative of the nobles for any reason other than the dissolution of the legislative assembly. if the prime minister, with the approval of at least half of the members of the legislative assembly, recommends to the king that the speaker be removed from office, the king shall revoke the speaker's appointment and appoint a new speaker on the recommendation of the legislative assembly. the king shall appoint a speaker within 7 days of the occurrence of a vacancy. 62. rules of procedure the legislative assembly shall make its own rules of procedure for the conduct of its meetings. any member of the legislative assembly may, in accordance with its rules of procedureintroduce a bill in the assembly; propose a motion for debate in the assembly; or present a petition to the assembly, and it shall be dealt with in accordance with the assembly's rules of procedure. 63. qualification of nobles no person shall succeed to the position of a noble who is insane or imbecile or who is disabled by the twenty-third clause. every noble shall be competent to vote in an election for representatives of the nobles and to sit in the assembly if chosen according to law. 64. qualification of electors every tongan subject of twenty-one years of age or more who is not a noble, is not insane or imbecile and is not disabled by the twenty-third clause shall, if registered as an elector, be entitled to vote in an election for representatives of the people to the legislative assembly and on the day appointed for election shall be exempt from summons for debt. a person resident outside of tonga who is qualified to be an elector may vote at an election only if he is registered as an elector and present in tonga for the election. 65. qualification of representatives representatives of the people shall be chosen by ballot and any person who is qualified to be an elector may nominate as a candidate and be chosen as a representative for the electoral constituency in which he is registered, save that no person may be chosen against whom an order has been made in any court in the kingdom for the payment of a specific sum of money the whole or any part of which remains outstanding or if ordered to pay by instalments the whole or any part of such instalments remain outstanding on the day on which such person submits his nomination paper to the returning officer: provided that a person resident outside of tonga who is qualified to be an elector will qualify as a candidate only if he is present in tonga for a period of 3 months within the 6 months before the relevant election. 66. threats and bribery any person elected as a representative who shall be proved to the satisfaction of the assembly to have used threats or offered bribes for the purpose of persuading any person to vote for him shall be unseated by the assembly. 67. privilege of nobles it shall be lawful for only the nobles of the legislative assembly to discuss or vote upon laws relating to the king or the royal family or the titles and inheritances of the nobles and after any such bill has been passed three times by a majority of the nobles of the legislative assembly it shall be submitted to the king for his sanction. 68. king's veto precludes discussion should the king withhold his sanction from any law passed by the legislative assembly and submitted to him for approval it shall be unlawful for the legislative assembly again to discuss such law until the following session. 69. quorum it shall be lawful for the legislative assembly to pass judgment upon its members for their acts or conduct as members of the legislative assembly and although all the members may not be present it shall be lawful for the legislative assembly to discuss and pass laws and transact business should one-half of its members be present but should there be less than one-half present the legislative assembly shall stand adjourned to another day and if at such adjourned meeting there should be still less than half the members present it shall be lawful for the king or the speaker of the assembly to command the presence of all the members and if any fail to attend on such command it shall be lawful to inflict punishment for such disobedience such punishment to be determined by the legislative assembly. 70. offences against the assembly any person whoacts disrespectfully in the presence of the legislative assembly; by any act or omission, interferes with, obstructs or impedes the legislative assembly in the performance of its function; interferes with, obstructs or impedes any member or officer of the legislative assembly in the discharge of his duty; defames the legislative assembly; threatens any member or his property; or rescues a person whose arrest has been ordered by the legislative assembly, may, by resolution of the legislative assembly, be imprisoned for any period not exceeding thirty days and if he is a member of the assembly he may be suspended from the assembly for up to thirty days in substitution for or in addition to any other penalty. 2 a penalty of imprisonment imposed in accordance with this clause is not affected by a prorogation, the dissolution or expiration of the legislative assembly. a resolution of the legislative assembly ordering the imprisonment of a person in accordance with this clause may provide for the discharge of the person from imprisonment. notwithstanding the power to imprison under sub-clause (1) the legislative assembly may impose a fine— not exceeding $5,000, in the case of a natural person; or not exceeding $50,000, in the case of a corporation, for an offence against the legislative assembly determined by the assembly to have been committed by that person under this clause. it shall not be lawful to both imprison and fine a person for an offence under this clause. the legislative assembly may give such directions and authorise the issue of such warrants as are necessary or convenient for carrying this clause into effect. 71. noble deprived of his seat should any representative of the nobles be deprived of his seat another noble shall be elected to succeed to his seat in the legislative assembly but his title and hereditary estates shall not be confiscated except for treason or sedition. 72. journal a journal of the proceedings of the legislative assembly shall be kept and the votes of each member present for and against every motion or resolution shall be recorded in the journal. 73. immunity from arrest the members of the legislative assembly shall be free from arrest and judgment whilst it is sitting except for indictable offences and no member of the house shall be liable for anything he may have said or published in the legislative assembly. 74. resignation any representative of the nobles or of the people who may wish to resign his seat in the legislative assembly may tender his resignation in writing to the speaker and his connection with the legislative assembly shall cease when he tenders his resignation. 75. impeachment it shall be lawful for a member of the legislative assembly, of his own volition or as the result of a written complaint made to him by any tongan subject, to move the assembly, in accordance with the rules of procedure, for the impeachment of any minister or representative of the nobles or of the people for any of the following offences— breach of the laws or the resolutions of the legislative assembly, maladministration, incompetency, destruction or embezzlement of government property, or the performance of acts which may lead to difficulties between this and another country. the impeached person shall be given a copy of the accusation in writing seven days before the day of the trial. the trial shall be conducted in accordance with the eleventh clause and the lord chief justice shall preside. after the witnesses have been heard the impeached person shall withdraw and the assembly shall consider their decision and upon a decision being made he shall be brought before the assembly and the decision announced to him. if he be found guilty it shall be lawful to dismiss him from office but if acquitted it shall not be lawful to impeach him again on the same charge as is provided in the twelfth clause. 76. bye-elections upon the death or resignation of any representative of the nobles or of the people and when a member is deprived of his seat after impeachment, the speaker shall immediately command that the nobles or the electors of the district which he represented shall elect a representative in his place. but the legislative assembly shall have the power to sit and act although its number be not complete. 77. general elections elections shall ordinarily be held for all the representatives of the nobles and the people every four years, and if not earlier dissolved the legislative assembly shall stand dissolved at the expiration of four years from the date of the last general election. it shall be lawful for the king, at his pleasure, to dissolve the legislative assembly at any time and command that new elections be held. if the legislative assembly is dissolved by the king or by the operation of sub-clause (1), the king shall, after consultation with the speaker of the legislative assembly, fix a date for a general election. 78. assembly to assess taxation the legislative assembly shall assess the amount of taxes to be paid by the people and the customs duties and fees for trading licences and shall pass the estimates of expenditure for the public service in accordance with the nineteenth clause. and upon the report of the minister of finance upon the expenditure and revenue received during the year succeeding the last meeting of the assembly the legislative assembly shall determine the estimates for the expenditure of the government until the next meeting of the legislative assembly. and the ministers shall be guided by the estimates of public expenditure so authorized by the legislative assembly. 79. amendments to constitution it shall be lawful for the legislative assembly to discuss amendments to the constitution provided that such amendments shall not affect the law of liberty the succession to the throne and the titles and hereditary estates of the nobles. and if the legislative assembly wish to amend any clause of the constitution such amendment shall after it has passed the legislative assembly three times be submitted to the king and if his majesty and the cabinet are unanimously in favour of the amendment it shall be lawful for the king to assent and when signed by the king it shall become law. 80. enacting formula the formula for enacting laws shall be "be it enacted by the king and legislative assembly of tonga in the legislature of the kingdom as follows:". 81. laws to cover but one subject to avoid confusion in the making of laws every law shall embrace but one subject which shall be expressed by its title. 82. constitution is supreme law this constitution is the supreme law of the kingdom and if any other law is inconsistent with this constitution, that other law shall, to the extent of the inconsistency, be void. 83. oaths of councillors and representatives the following oath shall be taken by the members of the privy council: "i solemnly swear before god that i will be truly loyal to his majesty king george tupou v the rightful king of tonga and that i will keep righteously and perfectly the constitution of tonga and assist to the end of my power and ability in all things in connection with the privy council". the following oath shall be taken by the ministers: "i solemnly swear before god that i will be truly loyal to his majesty king george tupou v the rightful king of tonga and that i will keep righteously and perfectly the constitution of tonga and discharge the duties of my department to the end of my ability for the benefit of the king and his government". the following oath shall be taken by the nobles and representatives of the people: "i solemnly swear before god that i will be truly loyal to his majesty king george tupou v the rightful king of tonga and that i will righteously and perfectly conform to and keep the constitution of tonga and zealously discharge my duties as a member of the legislative assembly". the members of the privy council shall sign their names to the oath and read it in the presence of the king. the ministers, the nobles and representatives of the people shall sign their names to the oath and read it in the presence of the legislative assembly. 83a. rule of law and judicial independence the existing underlying constitutional principles of the rule of law and judicial independence shall always be maintained. 83b. the lord chancellor the king in privy council, after receiving advice from the judicial appointments and discipline panel, shall appoint a lord chancellor who shall have primary responsibility forthe administration of the courts; all matters related to the judiciary and its independence; the maintenance of the rule of law; and such related matters as are specified in this constitution or any other act. the lord chancellor shall, unless otherwise provided by law, have complete discretion to exercise his functions, powers and duties, independently without any interference whatsoever from any person or authority. the lord chancellor may, with the consent of the king in privy council, make regulations for the following purposesto establish an age at which the attorney general, a judge, a magistrate and the lord chancellor shall retire from office; to regulate a judicial pension scheme; to provide for administrative arrangements for and related to the office of the lord chancellor. the lord chancellor shall be a person who is qualified to be a judge of the supreme court and he shall, subject to any contractual arrangements, hold office during good behaviour. the king in privy council, after receiving advice from the judicial appointments and discipline panel, shall determine the terms of appointment of the lord chancellor, and shall have the power to dismiss him. in the event of a vacancy in the office of the lord chancellor, and pending the appointment of a lord chancellor under sub-clause (1), the king in privy council may appoint a suitably qualified person to be lord chancellor ad interim, to hold office only until a substantive appointment has been made. any such appointee shall have all the powers and privileges and perform all the duties of the lord chancellor as set forth in this clause and the lord chancellor ad interim shall also be the chairman of the judicial appointments and discipline panel constituted under clause 83c. 83c. judicial appointments and discipline panel there is hereby established, as a committee of the privy council, a judicial appointments and discipline panel comprisingthe lord chancellor, who shall be the chairman; the lord chief justice; the attorney general; and the law lords, being such persons versed in the law as the king from time to time shall so appoint. the judicial appointments and discipline panel shall recommend to the king in privy councilthe appointment of eminently qualified persons to the judiciary, and as lord chancellor and to any other office that the king requires; the disciplining of members of the judiciary; the dismissal of members of the judiciary for bad behaviour through gross misconduct or repeated breaches of the code of judicial conduct; the remuneration and terms of service of members of the judiciary; a judicial pensions scheme; a code of judicial conduct; and the appointment of assessors to the panel of land court assessors. at any meeting of the judicial appointments and discipline panel the quorum shall be three, namely the lord chancellor (or anyone appointed to act as lord chancellor ad interim); one of the lord chief justice or the attorney general (or anyone appointed to act as attorney general ad interim); and not less than one of the law lords. 84. the courts the judicial power of the kingdom shall be vested in the superior courts of the kingdom (namely the court of appeal, the supreme court, and the land court) and a subordinate court namely the magistrate's court. the judiciary of the kingdom shall comprisethe lord president of the court of appeal and judges of the court of appeal; the lord chief justice, who shall be the professional head of the judiciary, and judges of the supreme court; the lord president of the land court and judges of the land court; and the chief magistrate and the magistrates. 85. the court of appeal the court of appeal shall consist of the lord president of the court of appeal and of such other judges as may be appointed from time to time by the king with the consent of privy council, after receiving advice from the judicial appointments and discipline panel: provided that no person shall be appointed unless— he holds, or has held, high judicial office; or he is qualified to practise as an advocate in a court in some part of her britannic majesty's dominions having unlimited jurisdiction in civil or criminal matters; and he has been qualified so to practise for not less than ten years. the king in privy council, after receiving advice from the judicial appointments and discipline panel, shall determine the terms of appointment of the judges of the court of appeal and may dismiss them. 86. the supreme court the supreme court shall consist of the lord chief justice, who shall be the professional head of the judiciary, and such other judges as may be appointed from time to time by the king in privy council, after receiving advice from the judicial appointments and discipline panel: provided that no person shall be appointed unless— he holds, or has held, high judicial office; or he is qualified to practise as an advocate in a court in some part of the commonwealth having unlimited jurisdiction in civil or criminal matters; and he has been qualified so to practise for not less than ten years. the king in privy council, after receiving advice from the judicial appointments and discipline panel, shall determine the terms of appointment of the lord chief justice and judges of the supreme court, and may dismiss them. 86a. the land court the land court shall consist of a lord president and other judges, assisted by assessors, as may be appointed from time to time by the king with the consent of privy council, after receiving advice from the judicial appointments and discipline panel. the king in privy council, after receiving advice from the judicial appointments and discipline panel, shall determine the terms of appointment of the lord president and judges of the land court and may dismiss them. 87. judges to hold office during good behaviour the judges, subject to any contractual arrangements, shall hold office during good behaviour: provided that it shall be lawful to appoint judges of the supreme court and court of appeal for limited periods, or for the purposes of a particular sitting of the supreme court or court of appeal, or of particular proceedings to come before the court, on such terms as may be approved by the king in privy council. 88. acting judge it shall be lawful for the king in privy council, after receiving advice from the judicial appointments and discipline panel, at any time during the illness or absence of any judge, or for any other temporary purpose to appoint an acting judge for the period during which the judge is ill or absent or for the period necessary to effect the temporary purpose. an acting judge shall have the jurisdiction and powers of, and may exercise all the authorities which are vested in or may be exercised by a judge and shall be paid such salary as may be determined by the king in privy council, after receiving advice from the judicial appointments and discipline panel. 89. powers the judges shall have power to direct the form of indictments to control the procedure of the lower courts, and to make rules of procedure. 90. jurisdiction of supreme court the supreme court shall have jurisdiction in all cases in law and equity arising under the constitution and laws of the kingdom (except cases concerning titles to land which shall be determined by a land court subject to an appeal to the privy council in matters relating to hereditary estates and titles or to the court of appeal in other land matters) and in all matters concerning treaties with foreign states and ministers and consuls and in all cases affecting public ministers and consuls and all maritime cases. 91. appeals from supreme court subject to the provisions of any act of the legislative assembly relating to appeals to the court of appeal, a party to any proceedings in the supreme court or land court (excepting matters relating to the determination of hereditary estates and titles) who is aggrieved by a decision given in those proceedings by that court, or a judge thereof, sitting in first instance, may appeal to the court of appeal against such decision. except as may be provided by any act of the legislative assembly, or by rules in respect of limited classes of appeals, no appeal shall be finally determined by less than three members of the court of appeal. 92. jurisdiction of court of appeal the court of appeal shall have exclusive power and jurisdiction to hear and determine all appeals which by virtue of this constitution or of any act of the legislative assembly lie from the supreme court or land court (excepting matters relating to the determination of hereditary estates and titles) or any judge thereof and shall have such further or other jurisdiction as may be conferred upon it by any such act. 93. (repealed by act 23 of 1990) 94. judge may not hear appeal from own decision it shall not be lawful for any judge to sit or adjudicate upon an appeal from any decision which he may have given. 95. oath of judge the lord chief justice and any other judge shall take the following oath: "i swear in the presence of god that i will be loyal to his majesty king george tupou v the lawful king of tonga and that i will perform truly and with impartiality my duties as a judge in accordance with the constitution and the laws of the kingdom". the judge shall read and sign this oath in the presence of the cabinet: provided that a lord chief justice or any other judge, who is not a tongan subject, shall take the following oath in lieu of the foregoing oath: "i swear in the presence of god that i will perform truly and with impartiality my duties as a judge in accordance with the constitution and the laws of the kingdom". 96. court fees the legislature shall determine the fees payable to the various courts. the registrar of the supreme court shall keep the court records. 97. judge not to receive fine it shall not be lawful for any judicial officer to receive any portion of a fine paid by any person convicted of an offence or for the government to allot prisoners to serve any judicial officer, police officer, juror, or any other person as payment for duties discharged by them. 98. (repealed by act 23 of 1990) 99. trial by jury any person committed for trial before the supreme court on a charge of having committed any criminal offence punishable by a term of imprisonment exceeding two years or a fine of five hundred pa'anga or both such penalties shall if he shall so elect be tried by a jury; and whenever any issue of fact is raised in any civil action triable in the supreme court any party to such action may claim the right of trial by jury; and the law of trial by jury shall never be repealed. 100. form of verdict it is the duty of the jury in criminal cases to pronounce whether the person accused is guilty or not guilty according to the evidence given before the court. in civil cases the jury shall give judgment for payment or compensation as the case may be and according to the merits of the case. 101. judge to direct jury in civil and criminal cases the judge shall direct the jury upon the law bearing upon the case and assist them in arriving at a just decision upon the case before them. the judge shall have power to refuse to admit evidence which he may deem to be irrelevant or improper. 102. lord chief justice to report upon criminal statistics the lord chief justice shall report once a year to the king upon the administration of justice and the criminal statistics of the country and upon any amendments in the law which he may recommend. and the king shall lay this report before the assembly at its next meeting in the same manner as the reports of the ministers. 103. powers of magistrates the legislature shall determine the time and place for holding the courts and shall limit the powers of the magistrates in criminal and civil matters and shall determine what cases shall be committed for trial to the supreme court. 103a. relief for breach of constitution the remedy for breach of any provisions of the constitution shall be declaratory relief and shall not affect any award of damages under any other law. part iii. the land 104. land vested in crown – sale prohibited all the land is the property of the king and he may at pleasure grant to the nobles and titular chiefs or matabules one or more estates to become their hereditary estates. it is hereby declared by this constitution that it shall not be lawful for anyone at any time hereafter whether he be the king or any one of the chiefs or the people of this country to sell any land whatever in the kingdom of tonga but they may lease it only in accordance with this constitution and mortgage it in accordance with the land act. and this declaration shall become a covenant binding on the king and chiefs of this kingdom for themselves and their heirs and successors for ever. 105. terms of leases the cabinet shall determine the terms for which leases shall be granted but no lease shall be granted for any longer period than ninety-nine years without the consent of his majesty in council and the cabinet shall determine the amount of rent for all government lands. 106. form of deed the forms of deed transfer and permit which shall from time to time be sanctioned by his majesty in privy council are hereby appointed to be the forms according to which all deeds of leases transfers and permits shall be made. 107. existing leases respected this constitution shall not affect any leases which have been granted by the government or any leases which have been promised whether leases of land in the interior or of town allotments. such leases will be recognised by the government but this exception shall not refer to any leases which may be granted after the granting of this constitution. 108. church lands not to be sub-let without permission no leases of any town site shall in future be granted to any religious body for any purpose unless there are thirty adults, male and female, of such church in that town, and it shall not be lawful for any religious body to use such leased lands for other than religious purposes or to sub-let to any person without the prior consent of cabinet, and upon satisfactory proof before a court that any such land has been sub-let without consent, such land shall revert to the person from whom the land was leased, or to his successor in title as the case may be. 109. beach frontage all the beach frontage of this kingdom belongs to the crown from 15.24 metres above high-water mark and it shall be lawful for the government to lease any portion of the beach frontage for erecting a store jetty or wharf and the minister of lands with the consent of the cabinet shall have power to grant such lease. 110. registration of deeds all leases unless signed by the king himself shall be signed by the minister of lands and sealed with the seal of his office and countersigned by one of the cabinet ministers who shall affix the seal of his office and no lease or transfer will be considered valid or recognised by the government unless registered in the office of the minister of lands. 111. law of succession the following is the law of succession to hereditary estates and titles: children lawfully born in wedlock only may inherit and the eldest male child shall succeed and the heirs of his body but if he have no descendants then the second male child and the heirs of his body and so on until all the male line is ended. should there be no male child the eldest female child shall succeed and the heirs of her body and if she should have no descendants the second female child and the heirs of her body and so on until the female line is ended. and failing direct heirs the property shall revert to the eldest brother of the owner of the property beginning with the eldest and his heirs in succession to the youngest and their heirs in accordance with the law of inheritance. and if the brothers have no descendants it shall descend to the eldest sister and the female line as provided in the case of the male line. and if these should have no descendants and there should be no legitimate heir it shall revert to the crown in accordance with the one hundred and twelfth clause. but should a female be next in succession to the title of a noble or of an hereditary chief the next male heir shall inherit the title and estates. but should such female afterwards have a legitimate male issue the title and estates shall revert to the male issue of the female upon the death of the male in possession of the estate: provided that the female that is the heir shall occupy the town allotment and the plantation lands appertaining to such title but the hereditary estates that is the lands occupied by the people shall be held by the inheritor of the title. whereas by tongan custom provision has always been made that an adopted child might succeed to the estates and titles of his adoptive father now therefore it is decreed that upon the death of the holder of an estate or title who has inherited such estate or title by virtue of his blood descent from such adopted child the estate and title shall revert to the descendant by blood of the original holder of the estate and title in accordance with the provisions of this clause and should there be alive no such descendant by blood the provisions of the one hundred and twelfth clause shall apply. and whereas by tongan custom the noble niukapu forms part of the 'ulutolu line, now therefore it is decreed that in the event the holder of the estate and title of niukapu is not a descendant by blood of the original niukapu before 1875, such estate and title shall revert at the death of such holder to a descendant by blood of the niukapu line. 112. estate without heirs to revert to crown should there be no legitimate heirs to an estate such estate shall revert to the king. but the king may confer the title and estate upon any other person and the person so appointed and his heirs shall possess such title and estates for ever. 113. right to allotments tongan male subjects by birth of or over the age of 16 years may be granted town allotments and tax allotments out of estates granted in pursuance of this constitution with the consent of or upon consultation with the estate holder and out of the lands of the crown, by the minister of lands. such allotments shall be hereditary and shall be of such size and at an annual rent as may be determined by law. a widow shall have the right to succeed according to law, to her deceased husband's tax and town allotments. 114. no lease etc. without consent no lease, sub-lease, transfer of a lease or of a sub-lease shall be granted— without the prior consent of cabinet where the term is ninety-nine years, or less, or without the prior consent of privy council where the term is over ninety-nine years: provided that no consent shall be granted to a lease by a widow of the land of her deceased husband. 115. citation this constitution may be cited as the act of constitution of tonga. schedule. procedure for appointing a prime minister (clause 50a) the legislative assembly shall recommend the appointment of a prime minister as followswithin 10 days from the return of the writs of election after a general election has taken place, the interim speaker appointed under subsection (8) of this schedule shall invite all elected representatives to submit to him their nominations for prime minister designate, to be duly seconded by 2 other elected representatives and to be received by the interim speaker within 14 days from the return of the writs of election; and no representative who has proposed or seconded a candidate may propose or second any other; within 3 days after the last date for receipt of nominations for prime minister designate, the interim speaker shall convene a meeting of all the elected representatives of the people and of the nobles for the purpose of deciding who they shall recommend for appointment as prime minister designate: provided that the failure of any representative to attend any meeting, for whatever reason, shall not affect the validity of proceedings under this section; the representatives so convened shall consider who they want to recommend for appointment as prime minister designate, and at that meeting every representative present will have the right to speak on his own behalf or that of another candidate, and they shall vote thereon by secret ballot and if one candidate receives more than half of the votes, the interim speaker shall report to the king that the duly elected representatives recommend the appointment of that person as prime minister designate; if no single candidate is elected under paragraph (c) then the interim speaker shall 2 days after that meeting convene another meeting at which the candidate(s) who received the least votes shall be eliminated and the representatives shall (without speeches) vote by secret ballot for their choice amongst the remaining candidates, and if one candidate receives more than half of the votes then the interim speaker shall report to the king that the duly elected representatives recommend the appointment of that person as prime minister designate; if no single candidate is elected under paragraph (d) then the interim speaker shall 2 days after that meeting convene another meeting and the procedure under paragraph (d) shall be likewise repeated, at 2 days intervals if necessary, until one candidate receives more than half of the votes cast; and the interim speaker shall report to the king that the duly elected representatives recommend the appointment of that person as prime minister designate. if the representatives fail to make a recommendation to the king in accordance with the procedure in subsection (1) of this schedule, the king may extend any of the times specified and may authorise the interim speaker to vary such procedure to enable a recommendation to be made. upon receipt by the king from the interim speaker the recommendation of the elected representatives under subsection (1) of this schedule, the lord chamberlain shall then summon the prime minister designate to be appointed by the king. the prime minister shall take his oath of office before the legislative assembly at its first sitting. the legislative assembly shall also recommend the appointment of a prime minister following a vote of no confidence, in the manner provided in clause 50b of this constitution. in the event of any other vacancy occurring in the office of prime minister, except following a vote of no confidence, the procedure specified in this schedule shall be followed to enable the king to appoint a prime minister on the recommendation of the legislative assembly, but in such case the speaker shall perform the role of the interim speaker specified in this schedule. any dispute arising out of or in connection with the calling or conduct of any meeting under this schedule or the election or recommendation of the prime minister under this schedule shall be determined by the interim speaker in consultation with the king. for the purposes of this schedule, the king shall within 7 days of the declaration of the result of a general election, appoint a person who was not a candidate at the general election to be the interim speaker of the assembly, and such person shall hold office as interim speaker until a speaker is next appointed under clause 61 of this constitution. preamble we, the togolese people, placing ourselves under the protection of god, conscious that since its accession to international sovereignty [on] 27 april 1960, togo, our country, has been marked by profound socio-political mutation on its march towards progress, conscious of the solidarity that binds us to the international community and most particularly to the african peoples, committed to build a state of law in which the fundamental rights of man, the public freedoms and the dignity of the human person must be guaranteed and protected, convinced that such a state can only be founded on political pluralism, the principles of democracy and the protection of the rights of man such as are defined by the charter of the united nations of 1945, the universal declaration of the rights of man of 1948 and the international pacts of 1966, [and] the african charter of the rights of man and of peoples adopted in 1981 by the organization of african unity, * we proclaim solemnly our firm will to combat any political regime founded on arbitrariness, dictatorship [and] injustice, * we affirm our determination to cooperate in peace, amity and solidarity with all people of the world enamored of the democratic ideal, on the basis of the principles of equality, of mutual respect and of sovereignty, * we engage resolutely to defend the cause of national unity, of african unity and to work for the realization of sub-regional and regional integration, * we approve and adopt, solemnly, this constitution as fundamental law of the state[,] of which this preamble is made [an] integral part. title i. the state and of sovereignty article 1 the togolese republic is a state of law, secular, democratic and social. it is one and indivisible. article 2 the togolese republic assures the equality before the law of all citizens without distinction of origin, of race, of sex, of social condition or of religion. it respects all political opinions, philosophical [opinions] as well as all religious beliefs. its principle is the government of the people[,] by the people and for the people. the motto of the republic is: "travail-liberté-patrie" [work-freedom-country] article 3 the national emblem is the flag composed of five horizontal bands[,] alternated of green and yellow color. it bears on the superior left corner a white star of five points on a square red field. the national holiday of the togolese republic is celebrated [on] 27 april of each year. the seal of the state is constituted by a metal plaque in bas relief of round form of 50 millimeters in diameter and designed to be printed [as] the mark of the state on [its] acts. it has on the reverse, for type, the arms of the republic that, for [the] legend, "au nom du peuple togolaise" [in the name of the togolese people] and for the inscription, "république togolaise" [togolese republic]. the coat-of-arms of the togolese republic is composed of: [a] shield of silver of oval form and at the border of sinople, above[,] the national emblem, two flags back to back and the motto on a banderole; in the center[,] of sable, the initials of the republic of togo on a golden background; below, two lions of gules back-to-back. the two young lions represent the courage of the togolese people. they hold the bow and the arrow, [the] means traditional combat, to demonstrate that the true liberty of the togolese people is in their hands and that its strength resides above all in their own traditions. the lions rampant and back-to-back express the vigilance of the togolese people in the guarding of their independence, from the east to the west. the national anthem of the republic is "terre de nos aïeux" [land of our ancestors]. the official language of the republic of togo is french. article 4 sovereignty belongs to the people. it is exercise by their representatives and by way of referendum. no section of the people, no body of the state, no individual may arrogate its exercise. the initiative of referendum belongs, concurrently, to the people and to the president of the republic. a referendum of popular initiative may be organized on the demand of at least five hundred thousand (500,000) electors representing more than half of the prefectures. more than fifty thousand (50,000) between them must not be inscribed on the electoral lists of one same prefecture. the demand must be carried on one same text. its regularity is determined by the constitutional court. article 5 suffrage is universal, equal and secret. it may be direct or indirect. all togolese nationals of the two sexes, at least eighteen (18) years of age and enjoying their civil and political rights[,] are electors within the conditions established by the law. article 6 the political parties and groups of political parties concur in the formation and the expression of the political will of the people. they form themselves freely and exercise their activities within respect for the laws and regulations. article 7 the political parties and groups of political parties must respect the constitution. they may not identify themselves with one region, on ethnicity or one religion. article 8 the political parties and the groups of political parties have the duty to contribute to the political and civic education of the citizens, to the consolidation of democracy and to the construction of national unity. article 9 the law determines the modalities of creation and of functioning of political parties. title ii. of the rights, freedoms and duties of the citizens sub title i. of the rights and freedoms article 10 every human being carries within them inalienable and imprescriptible rights. the safeguarding of these rights is the objective of any human community. the state has the obligation to respect them, to guarantee them and to protect them. moral persons may enjoy the rights guaranteed by this constitution to the extent these rights are compatible with their nature. article 11 all human beings are equal in dignity and in right. the man and the woman are equal before the law. no one may be favored or disadvantaged for reason of their familial, ethnic or regional origin, of their economic or social situation, of their political, religious, philosophical or other convictions. article 12 every human being has the right to development, to the physical, intellectual, moral and cultural fulfillment of their person. article 13 the state has the obligation to guarantee the physical and mental integrity, the life and the security of every living person in the national territory. no one may be arbitrarily deprived either of their liberty or of their life. article 14 the exercise of the rights and freedoms guaranteed by this constitution may only be subject to the restrictions expressly provided by the law and necessary for the protection of the national security, of the public order, of the public health, of morality or of the fundamental rights and freedoms of others. article 15 no one may be arbitrarily arrested or detained. whoever is arrested without legal basis or detained longer than the time period of arrest may, on their request or that of any interested person, refer [the matter] to the judicial authority designated to this effect by the law. the judicial authority decides without delay on the legality or the regularity of their detention. article 16 every accused person or detained [person] must benefit from a treatment that preserves their dignity, their physical and mental health and that aids their social rehabilitation no one has the right to obstruct an accused person or detained [person] from being examined by a doctor of their choice. every accused [person] has the right to be assisted by counsel at the stage of the preliminary inquiry. article 17 every person arrested has the right to be immediately informed of the charges brought against them. article 18 any accused [person] or suspected [person] is presumed innocent until their culpability has been established following a process that offers them the guarantees indispensible to their defense. the judicial power, guardian of the individual liberty, assures respect for this principle within the conditions provided for by the law. article 19 every person has the right in any matter that their cause will be heard and resolved equitably within a reasonable time by an independent and impartial jurisdiction. no one may be condemned for acts that did not constitute an infraction at the moment when they were committed. outside of the cases provided by the law, no one may be investigated or condemned for the acts blamed on others. the damages resulting from an error of justice or those brought about by an abnormal functioning of the administration of justice give rise to an indemnification at the expense of the state, in accordance with the law. article 20 no one may be submitted to measures of control or of security outside of the cases provided for by the law. article 21 the human person is sacred and inviolable. no one may be submitted to torture or to other forms of cruel, inhuman or degrading treatments. no one may evade the punishment incurred by committing such violations by invoking the order of a superior or [that] of a public authority. any individual, [or] any agent of the state, culpable of such acts, either on their own initiative, or on instruction, will be punished in accordance with the law. any individual, [or] any agent of the state is relieved of the duty of obedience when the order received constitutes a grave and manifest infringement of the respect of the rights of man and of the public freedoms. article 22 every togolese citizen has the right to circulate freely and to establish themselves in the national territory in any place of their choice within the conditions defined by the law or local custom. no togolese may be deprived of the right to enter togo or to leave it. any foreigner[,] in regular situation[,] on the togolese territory and who conforms to the laws in force has the freedom to circulate and to choose their residence and the right to leave it freely. article 23 a foreigner may only be deported or extradited from the togolese territory by virtue of a decision conforming to the law. they must have the possibility to present their defense before the competent judicial authority. article 24 no togolese may be extradited from the national territory. article 25 every person has the right to the freedom of thought, of conscience, of religion, of belief, of opinion and of expression. the exercise of these rights and freedoms is made within respect for the freedoms of others, of the public order and of the norms established by the law and the regulations. the organization and the practice of religious beliefs is exercised freely within respect for the law. it is the same for the philosophical orders. the exercise of belief and of expression of belief is done within respect for the secularity of the state. the religious denominations have the right to organize themselves and to exercise their activities freely within respect for the law. article 26 the freedom of the press is recognized and guaranteed by the state. it is protected by the law. every person has the freedom to express and to disseminate through speech, writing or any other means, their opinions or the information which they possess, within respect for the limits defined by the law. the press may not be subject to prior authorization, to caution [bail/security], to censorship or to other restraints. the prohibition of dissemination of any publication may only be pronounced by virtue of a decision of justice. article 27 the right to property is guaranteed by the law. it may only be infringed for the cause of public utility legally declared and after a just and prior indemnification. one's assets may only be seized by virtue of a decision taken by a judicial authority. article 28 the domicile is inviolable. it may only be made the object of a search or of a police entry in the forms and conditions provided for by the law. every citizen has the right to respect for their private life, of their honor, of their dignity and of their image. article 29 the state guarantees the secrecy of correspondence and of telecommunications. any citizen has the right to the secrecy of their correspondence and their communications and telecommunications. article 30 the state recognizes and guarantees within the conditions established by the law, the exercise of the freedoms of association, of assembly and of peaceful demonstration without instruments of violence. the state recognizes private denominational and secular instruction. article 31 the state has the obligation to assure the protection of marriage and of the family. parents have the duty to provide for the support and the education of their children. they are supported in this task by the state. children, whether they are born within marriage or outside of marriage, have the right to the same familial and social protection. article 32 the togolese nationality is attributed of right to the children born of a togolese father or mother. the other cases of attribution of the nationality are regulated by the law. article 33 the state takes or enforces in favor of handicapped persons and of aged persons measures susceptible to shelter them from social injustices. article 34 the state recognizes to the citizens the right to health. it works to promote it. article 35 the state recognizes the right to education of children and creates conditions favorable to accomplish this objective. school is obligatory for children of the two sexes until the age of 15 years. the state assures progressively the gratuity of public education. article 36 the state protects youth against any form of exploitation or of manipulation. article 37 the state recognizes to every citizen the right to work and strives to create the conditions for effective enjoyment of this right. it assures to each citizen the equality of opportunity concerning employment and guarantees to each worker a just and equitable remuneration. no one may be disadvantaged in their work for reason of their sex, of their origin, of their beliefs or of their opinions. article 38 the right to an equitable redistribution of the national wealth by the state is recognized to the citizens and to the territorial collectivities. article 39 the right to strike is recognized to workers. it is exercised within the framework of the laws that regulate it. the workers may constitute unions or affiliate with the unions of their choice. any worker may defend, within the conditions provided for by the law, their rights and interests, either individually, collectively or by union action. article 40 the state has the duty to safeguard and to promote the national cultural patrimony. article 41 every person has the right to a healthy environment. the state sees to the protection of the environment. sub title ii. of the duties article 42 every citizen has the sacred duty to respect the constitution as well as the laws and regulations of the republic. article 43 the defense of the country and the integrity of the national territory is a sacred duty of every citizen. article 44 every citizen has the duty of rendering national service within the conditions defined by the law. article 45 every citizen has the duty to combat any person or group of persons who should attempt to change by force the democratic order established by this constitution. article 46 the public assets are inviolable. any person or any public agent must scrupulously respect the and protect them. any act of sabotage, of vandalism, of embezzlement of public assets, of corruption, [or] of dilapidation is punished within the conditions provided by the law. article 47 every citizen has the duty to contribute to the public expenses within the conditions defined by the law. article 48 every citizen has the duty to see to respect for the rights and freedoms of other citizens and of the safeguarding of the public security and of the [public] order. [they] work for the promotion of tolerance and of dialogue in their relations with others. [they] have the obligation to preserve the national interest, the social order, peace, and national cohesion. any act or any manifestation of a racist, regionalist, [or] xenophobic character is punished by the law. article 49 the forces of security and of police, under the authority of the government, have for [their] mission to protect the free exercise of the rights and of the freedoms, and to guarantee the security of citizens and of their assets. article 50 the rights and duties, stated in the universal declaration of the rights of man and in the international instruments relative to the rights of man, ratified by togo, are an integral part of this constitution. title iii. of the legislative power article 51 the legislative power, delegated by the people, is exercised by a parliament composed of two assemblies, the national assembly and the senate. the members of the national assembly have the title of deputy and those of the senate have the title of senator. article 52 the deputies are elected by universal, direct and secret suffrage for five (05) years. they are reeligible. each deputy is the representative of all of the entire nation. any imperative mandate is null. the elections take place within the thirty (30) days preceding the expiration of the mandate of the deputies. the national assembly meets of plain right [on] the second tuesday which follows the date of the official proclamation of the results. any member of the armed forces or the [forces] of public security, who desires to be a candidate to the functions of deputy, must, first, submit their resignation from the armed forces or the [forces] of public security. in this case, the interested [person] may claim the benefit of the rights acquired in accordance with the statutes of their corps. an organic law establishes the number of deputies, their indemnities, the conditions of eligibility, the regime of the incompatibilities and the conditions under which vacant seats are provided for. an organic law determines the status of the former deputies. the senate is composed[,] of two-thirds (2/3) by noted persons elected by the representatives of the territorial collectivities[,] and of one-third (1/3) by noted persons appointed by the president of the republic. the duration of the mandate of the senators is of five (05) years. an organic law establishes the number of the senators, their indemnities, the conditions of eligibility or of appointment, the regime of the incompatibilities and the conditions under which vacant seats are provided for. an organic law determines the status of the former senators. the departing members of the national assembly and of the senate, whether by conclusion of the mandate or dissolution, remain in office until their successors effectively take office. article 53 the deputies and senators enjoy parliamentary immunity. no deputy, [and] no senator may be prosecuted, investigated, arrested, detained or judged as a result of the opinions or of the votes emitted by then in the exercise of their functions, even after the expiration of their mandate. except in case of flagrante delicto, the deputies and the senators may only be arrested or prosecuted for crimes or offenses after the lifting, by their respective assembly, of their parliamentary immunity. any procedure [concerning] flagrante delicto engaged against a deputy or against a senator is brought without delay to the knowledge of the bureau of their assembly. a deputy or a senator may not, out of session, be arrested without the authorization of the bureau of the assembly to which they belong. the detention or the prosecution of a deputy or a senator is suspended if the assembly to which they belong requires it. article 54 the national assembly and the senate are each directed by a president assisted by a bureau. the presidents and the bureaus are elected for the duration of the legislature within the conditions established by the internal regulations of each assembly. in case of vacancy of the presidency of the national assembly or of the senate, by death, resignation or any other cause, the national assembly or the senate elects a new president within the fifteen (15) days which follow the vacancy, if it is in session; in the contrary case, it meets of plain right within the conditions established by its internal regulations. the replacement of the other members of the bureaus is provided for in accordance with the provisions of the internal regulations of each assembly. an organic law determines the status of the former presidents of the national assembly and of the senate, notably, as it concerns their remuneration and their security. article 55 the national assembly meets of plain right in two (02) ordinary sessions per year. the first session opens [on] the first tuesday of april. the second session opens [on] the first tuesday of october. the senate meets of plain right in two (02) ordinary sessions per year. the first session opens [on] the first thursday of april. the second session opens [on] the first thursday of october. each of the sessions lasts three (03) months. the national assembly and the senate are convoked in extraordinary session by their respective president on a specific agenda, at the demand of the president of the republic or of the absolute majority of the deputies or of the senators. the deputies or the senators adjourn as soon as the agenda is exhausted. article 56 the right to vote of the deputies and of the senators is personal. the internal regulations of the national assembly or of the senate may authorize exceptionally the delegation of the vote. in this case, no one may receive the delegation of more than one mandate. article 57 the functioning of the national assembly or the senate is determined by an internal regulations adopted in accordance with the constitution. title iv. of the executive power sub title i. of the president of the republic article 58 the president of the republic is the head of the state. he is the guarantor of the national independence and [national] unity, of the territorial integrity, of the respect for the constitution and of the international treaties and agreements. he is the guarantor of the continuity of the state and of the institutions of the republic. article 59 the president of the republic is elected by universal, direct and secret suffrage for a mandate of five (05) years. he is reeligible. the president of the republic remains in office until the effective taking of office of his elected successor. article 60 the election of the president of the republic takes place by uninominal majority ballot in one (01) round. the president of the republic is elected with the majority of the suffrage expressed. article 61 the vote is opened on convocation of the electoral body by decree taken in the council of ministers sixty (60) days at least and seventy-five (75) days at most before the expiration of the mandate of the president in office. article 62 no one may be a candidate for the office of the president of the republic if they: are not exclusively of togolese nationality by birth; are not thirty-five (35) years of age on the date of the deposit of the candidature; do not enjoy all their civil and political rights; do not present a general state of physical and mental well-being duly declared by three (03) sworn physicians, designated by the constitutional court; do not reside in the national territory for at least twelve (12) months. article 63 the functions of the president of the republic are incompatible with the exercise of the parliamentary mandate, of any function of professional representation with national character, and of any private or public, civil or military employment, or of any professional activity. the president of the republic enters office within the fifteen days which follow the proclamation of the results of the presidential election. article 64 before his entry into office, the president of the republic swears before the constitutional court meeting in solemn hearing, in these terms: "before god and before the togolese people, sole holders of popular sovereignty, we _____, elected president of the republic in accordance with the laws of the republic, solemnly swear. to respect and to defend the constitution that the togolese people have freely given themselves; to loyally fulfill the high functions that the nation has confided in us. to be guided solely by the general interest and the respect of the rights of the human person, to consecrate all our forces to the promotion of development, of the common good, of peace and of national unity; to preserve the integrity of the national territory; to conduct our self at all times, as a faithful and loyal servant of the people." article 65 in case of a vacancy of the presidency of the republic by death, resignation or definitive incapacity, the presidential function is exercised provisionally by the president of the national assembly. the vacancy is declared by the constitutional court referred to [the matter] by the government. the government convokes the electoral body within the sixty (60) days of the opening of the vacancy for the election of a new president of the republic. article 66 the president of the republic appoints the prime minister. he terminates his functions. on proposal of the prime minister, he appoints the other members of the government and terminates their functions. the president of the republic presides over the council of ministers. article 67 the president of the republic promulgates the laws within the fifteen (15) days which follow the transmission to the government of the law definitively adopted by the national assembly; during this time period, he can demand a new deliberation of the law or of certain of its articles[;] the demand must be substantiated. the new deliberation may not be refused. article 68 the president of the republic, after consultation of the prime minister and of the president of the national assembly can pronounce the dissolution of the national assembly. this dissolution may not intervene within the first year of the legislature. a new assembly must be elected within the sixty days which follow the dissolution. the national assembly meets of plain right [on] the second tuesday which follows its election; if this meeting takes place outside of the periods provided for the ordinary sessions, a session is opened of right for a time period of fifteen days. it may not proceed to a new dissolution within the year which follows these elections. article 69 the president of the republic signs the ordinances and the decrees deliberated in the council of ministers. article 70 the president of the republic, after deliberation of the council of ministers[,] appoints the grand chancellor of the national orders [grand chancelier des ordres nationaux], the ambassadors and extraordinary envoys, the prefects, the commanding officers of the armies of the land, of the sea and of the air and the directors of the central administrations. the president of the republic, by decree taken in the council of ministers, appoints the presidents of the universities and the professors inscribed on a list of aptitude recognized by the councils of the universities. the president of the republic, by decree taken in the council of ministers, appoints the general officers. the other offices are provided for by decree of the president of the republic who may delegate this power of appointment to the prime minister. article 71 the president of the republic accredits the ambassadors and extraordinary envoys to the foreign powers; the foreign ambassadors and the extraordinary envoys are accredited to him. article 72 the president of the republic is the head of the army. he presides over the councils of defense. he declares war on authorization of the national assembly. he decrees the general mobilization after consultation of the prime minister. article 73 the president of the republic exercises the right of pardon after the opinion of the superior council of the magistrature. article 74 the president of the republic can address messages to the nation. he addresses[,] one time per year[,] the parliament on the state of the nation. article 75 an organic law determines the status of the former presidents of the republic, notably that which concerns their remuneration and their security. sub title ii. of the government article 76 the government is composed of: the prime minister, the ministers and, the case arising, the ministers of state, the delegated ministers and the secretaries of state. the functions of member of the government are incompatible with the exercise of any parliamentary mandate, of any function of professional representation of national character and of any private or public, civil or military office or of any other professional activity. an organic law determines the status of the former members of the government, notably in that which concerns their remuneration and their security. article 77 under the authority of the president of the republic, the government determines and conducts the policy of the nation and directs the civil and military administration. it has at its disposal the administration, the armed forces and the forces of security. the government is responsible before the national assembly. article 78 the prime minister is the head of the government. he directs the action of the government and coordinates the functions of the other members. he presides over the committees of defense. he substitutes for, the case arising, the president of the republic in the presidency of the councils provided for in articles 66 and 72 of this constitution. he assures the interim of the head of the state in case of incapacity for cause of illness or of absence from the national territory. before his entry into office, the prime minister presents before the national assembly the program of action of his government. the national assembly accords its confidence to him by a vote with the absolute majority of its members. article 79 the prime minister assures the execution of the laws. he may delegate certain of his powers to the ministers. article 80 the acts of the president of the republic other than those provided for in articles 4, 66, 68, 73, 74, 98, 100, 104 and 109 of this constitution, are countersigned by the prime minister or, the case arising, by the ministers given the charge of their execution. title v. of the relations between the government and the parliament article 81 the national assembly votes the law in last resort. it controls the action of the government. the senate receives the bills and the proposals of law for deliberation. the senate gives its opinion obligatorily before the vote by the national assembly on any bill or proposal of constitutional law, of all the texts relative to the territorial organization of the republic and of the bill of the law of finance. in all cases, the opinion of the senate is considered as given if it is not pronounced within the fifteen (15) days of its referral to [the matter] or eight (08) days in case of procedure of urgency. article 82 the national assembly has control over its agenda. it informs the government of it. the inscription, by priority, in the agenda of the national assembly, of a bill or a proposal of law or of a declaration of general policy, is of right if the government makes demand for it. article 83 the initiative of laws belongs concurrently to the deputies and to the government. article 84 the law establishes the rules concerning: citizenship, the civic rights and the exercise of the public freedoms; the system of establishment of the list of paid and unpaid holidays; the constraints raised by the necessities of the national defense; nationality, the status and the capacity of persons, the matrimonial regimes, inheritance and gifts; the procedure following which customs are declared and harmonized with the fundamental principles of the constitution; the determination of crimes and offenses as well as the penalties applicable to them, the criminal procedure, [and] amnesty; the organization of the judicial and administrative tribunals and the procedure before these jurisdictions, the status of the magistrates, of the ministerial officers and of the auxiliaries of justice; the determination of the financial competences of the constitutional and administrative authorities; the base, the rates and the modalities of collection of the taxes of all natures; the regulation of the issuance of the currency; the electoral regimes of the national assembly and of the local assemblies; the remuneration of the public functions; the nationalization of enterprises and the transfer of ownership of enterprises of the public sector to the private sector; the creation of categories of public establishments; health and population; the state of siege and the state of urgency; the protection and the promotion of the environment and the conservation of the natural resources; the creation, the expansion and the declassification of the national parks, [and] of the animal reserves and of the designated forests; the drafting, the execution and the supervision of national plans and programs of development; the protection of the freedom of the press and the access to information; the status of the opposition. the general organization of the administration; the general status of the public function; the organization of the national defense; honorary distinctions; teaching and scientific research; the integration of national cultural values; the regime of property, of real rights and of the civil and commercial obligations; the right to work, the syndical right and of social institutions; the alienation and the management of the domain of the state; the penitentiary regime; insurance and saving; the economic regime; the organization of production; the regimes of transport and of communications; the free administration of the territorial collectivities, their competences and their resources; the provisions of this article may be made precise and completed by an organic law. article 85 the matters other than those which are of the domain of the law have a regulatory character. article 86 the government can, for the execution of its programs, demand of the national assembly, the authorization to take by ordinances, during a limited time period, the measures that are normally of the domain of the law. these ordinances are taken in the council of ministers after the opinion of the constitutional court. they enter into force on their publication, but become lapsed if the bill of law of ratification is not deposited with the national assembly before the date established by the enabling law. at the expiration of the time period defined in the enabling law, these ordinances may only be modified by the law, in that which concerns their provisions which arise in the legislative domain. article 87 the proposals and the bills of law are deposited with the bureau of the national assembly which sends them for examination to specialized commissions of which the composition and the attributions are established by the internal regulations of the national assembly. article 88 the proposals of laws are, at least eight (8) days before deliberation and vote, notified for information to the government. article 89 the bills of law are deliberated in the council of ministers. article 90 the deputies and the government have the right of amendment. the proposals and amendments formulated by the deputies are not receivable when their adoption would have as a consequence, either a diminution of public resources, or the creation or the increase of a public expense, unless these proposals or amendments should be accompanied by proposals of compensatory receipts. article 91 the national assembly votes the bills of the law of finance within the conditions provided for by an organic law. the provisions of the bill may be brought into force by ordinance if the assembly does not decide within a time period of forty-five (45) days following the deposit of the bill and if the budgetary year is coming to [its] expiration. in this case, the government demands the convocation of an extraordinary session for the ratification. if the bill of the law of finance has not been deposited in a timely fashion to be voted and promulgated before the debut of the financial year, the prime minister demands of urgency, of the assembly, the authorization to continue the budget of the previous year by provisional twelfths. article 92 the proposals or bills of organic laws are submitted to the deliberation and to the vote of the national assembly at the expiration of a time period of fifteen (15) days after their deposit. the organic laws may only be promulgated after the declaration by the constitutional court of their conformity with the constitution. article 93 the declaration of war is authorized by the national assembly. article 94 the state of siege [or] the state of urgency is declared by the president of the republic in [the] council of ministers. the national assembly then meets of plain right, if it is not in session. the extension, beyond fifteen days, of the state of siege or of urgency may only be authorized by the national assembly. the national assembly may not be dissolved during the duration of the state of siege or the state of urgency. an organic law determines the conditions of implementation of the state of siege and of the state of urgency. article 95 the meetings of the national assembly and of the senate are public. the complete record of the debates is published in the journal officiel [official gazette]. the national assembly can meet in closed sitting at the demand of the prime minister or at the demand of one-fifth (1/5) of the deputies. article 96 the members of the government have access to the national assembly, to the senate and to their commissions. they may be heard on their demand. they are equally heard on interpellation, by the national assembly, on the written or oral questions which are addressed to them. article 97 the prime minister, after deliberation of the council of ministers, may engage before the national assembly the responsibility of the government on its program or on a declaration of general policy. the national assembly, after debate, emits a vote. confidence may only be refused to the government with the majority of two-thirds (2/3) of the deputies composing the national assembly. when confidence is refused, the prime minister must remit to the president of the republic the resignation of the government. article 98 the national assembly may challenge the responsibility of the government by the vote of a motion of censure. such a motion, to be receivable, must be signed by one-third (1/3) at least of the deputies composing the national assembly. the vote may only intervene five (05) days after the deposit of the motion. the national assembly may only pronounce the censure of the government with the majority of two-thirds (2/3) of its members. if the motion of censure is adopted, the prime minister remits the resignation of his government. the president of the republic appoints a new prime minister. if the motion of censure is rejected, its signatories may not propose a new one during the course of the same session. title vi. of the constitutional court article 99 the constitutional court is the highest jurisdiction of the state in constitutional matters. it is [the] judge the constitutionality of the law and it guarantees the fundamental rights of the human person and of the public freedoms. it is the regulatory organ of the functioning of the institutions and of the activity of the public powers. article 100 the constitutional court is composed of nine (09) members appointed for seven (7) years renewable. three (3) are appointed by the president of the republic of which one (1) on the basis of their juridical competence. three (3) are elected by the national assembly with the majority of two-thirds (2/3) of its members. they must be chosen [from] outside of the deputies. one among them must be designated on the basis of their juridical competence. three (3) are elected by the senate with the majority of two-thirds (2/3) of its members. they must be chosen [from] outside of the senators. one among them must be designated on the basis of their juridical competence. article 101 the president of the constitutional court is appointed by the president of the republic from among the members of the court for a time period of seven (7) years. he has preponderant vote in case of a tie. article 102 the members of the constitutional court, during the duration of their mandates, may not be prosecuted or arrested without the authorization of the constitutional court except in case of flagrante delicto. in this case, the president of the constitutional court must be referred to [the matter] immediately and at the latest within forty-eight hours. article 103 the functions of members of the constitutional court are incompatible with the exercise of any elective mandate, of any public, civil or military office, of any professional activity as well as of any function of national representation. an organic law determines the organization and the functioning of the constitutional court, the procedure to be followed before it, notably the time periods for referral [of matters] to it, as well as the immunities and the disciplinary regime of its members. article 104 the constitutional court is the jurisdiction given the charge of seeing to respect for the provisions of the constitution. the constitutional court judges the regularity of the referendum consultations, [and] of the presidential, legislative and senatorial elections. it decides on the challenges to these consultations and elections. it is the judge of the constitutionality of the laws. the laws may, before their promulgation, be deferred to the constitutional court by the president of the republic, the prime minister, the president of the national assembly or one-fifth (1/5) of the members of the national assembly. to the same ends, the organic laws, before their promulgation, and the internal regulations of the national assembly and of the senate, those of the high authority of audiovisual and of communications [haute autorité de l'audiovisuel et de la communication] and of the economic and social council, before their application, must be submitted to it. in the course of a judicial instance, any physical or moral person may, "in limine litis", before the courts and tribunals, raise the exception [pleadings] of the unconstitutionality of a law. in this case, the jurisdiction suspends its judgment and refers [the matter] to the constitutional court. the constitutional court must decide within a time period of one month[;] this time period may be reduced to eight (8) days in case of urgency. a text declared unconstitutional may not be promulgated. if it has already been implemented, it must be withdrawn by juridical ordinance. article 105 the constitutional court emits opinions on the ordinances taken by virtue of articles 69 and 86 of this constitution. article 106 the decisions of the constitutional court are not susceptible to any recourse. they impose themselves on the public powers and on all the civil, military and jurisdictional authorities. title vii. of the court of accounts article 107 the court of accounts judges the accounts of the public accountants. it assures the verification of accounts and of the management of the public establishments and of the public enterprises. it assists the parliament and the government in the control of the execution of the laws of finance. it proceeds to all studies of public finance and of accounting that are demanded of it by the government, the national assembly or the senate. the court of accounts establishes an annual report addressed to the president of the republic, to the government and to the national assembly and in which it determines, if there have arisen infractions committed, and the responsibilities incurred. article 108 the court of accounts is composed of: the first president the presidents of [the] chamber the conseillers-maîtres [master-councilors] the conseillers référendaires [referred councilors] and of auditors. the public ministry before the court of accounts is held by the procurator general and the general attorneys. the number of offices of these different grades is established by the law. the first president, the procurator general, the general attorneys, the presidents of the chamber and the conseillers-maîtres are appointed by decree of the president of the republic taken in the council of ministers. the conseillers référendaires and the auditors are appointed by the president of the republic on proposal of the prime minister after the opinion of the minister of finance and [the] favorable opinion of the national assembly. only the jurists of high level, the inspectors of finance, of the treasury and of taxes, the economist-managers and the expert accountants having experience of fifteen (15) years at least, may be elected or appointed to the court of accounts. article 109 the president of the court of accounts is elected by his peers for a time period of three (3) years renewable. article 110 the members of the court of accounts have the quality of magistrates. they are irremovable during the duration of their mandate. article 111 the functions of member of the court of accounts are incompatible with the quality of member of the government, the exercise of any elective mandate, of any public, civil or military office, of any other professional activity as well as of any function of national representation. an organic law determines the organization and the functioning of the court of accounts. title viii. of the judicial power sub title i. of the general provisions article 112 justice is rendered on the territory of the republic in the name of the togolese people. article 113 the judicial power is independent of the legislative power and of the executive power. the judges are only subject in the exercise of their functions to the authority of the law. the judicial power is the guarantor of the individual freedoms and of the fundamental rights of the citizens. article 114 the presiding magistrates are irremovable. article 115 the president of the republic is the guarantor of the independence of the magistrature. he is assisted to this effect by the superior council of the magistrature. article 116 the superior council of the magistrature is composed of nine (9) members: three magistrates of the supreme court; four magistrates of the courts of appeal and of the tribunals; one deputy elected by the national assembly by ballot; one noted person who does not belong either to the national assembly, or to the government or to the magistrature, chosen by the president of the republic on the basis of their competence. it is presided over by the president of the supreme court. the magistrates members of the said council, with the exception of the president of the supreme court, member of right, are elected by their peers by secret ballot the members of the superior council of the magistrature are appointed for mandate of four (4) years renewable one sole time. article 117 the superior council of the magistrature decides as a council of discipline of the magistrates. the sanctions applicable as well as the procedure are established by an organic law concerning the status of the magistrature. the organization and the functioning of the superior council of the magistrature are established by an organic law. article 118 the recruitment of each magistrate is made on proposal of the guardian of the seals, minister of justice, after opinion of the superior council of the magistrature. the appointment of the presiding magistrates is made by decree taken in the council of ministers on proposal of the superior council of the magistrature. the appointment of the prosecuting magistrates is made by decree taken in the council of ministers on proposal of the keeper of the seals, minister of justice, after opinion of the superior council of the magistrature. the magistrates in office may not fulfill other public offices, or exercise lucrative private activities outside of those cases provided for by the law, or conduct political activities. an organic law establishes the status of the magistrates and their remuneration in accordance with the requirements of independence and of efficacy. article 119 the principles of jurisdictional unity and of distinction between disputes are at the basis of the organization and of the functioning of the administrative and judicial jurisdictions. the law organizes the military jurisdiction within respect for the principles of the constitution. jurisdictions of exception are prohibited. sub title ii. of the supreme court article 120 the supreme court is the highest jurisdiction of the state in judicial and administrative matters. article 121 the president of the supreme court is necessarily a professional magistrate. he is appointed by decree of the president of the republic in the council of ministers on proposal of the superior council of the magistrature. before entry into office, he swears before the bureau of the national assembly in these terms: "i swear to well and faithfully fulfill my function, to exercise it in all impartiality, with respect for the constitution, to guard the secrecy of the deliberations and of the votes, to not take any public position and to not give any consultation of private nature on the questions arising from the competence of the court, and to conduct myself in everything as a dignified and loyal magistrate." article 122 the magistrates of the supreme court may only be prosecuted for crimes and offenses committed in the exercise or on the occasion or outside of their functions before the high court of justice. except in case of a flagrante delicto, no magistrate of the supreme court may be prosecuted or judged without the prior authorization of the superior council of the magistrature. an organic law determines the conditions of organization and of functioning of the supreme court. article 123 the supreme court is composed of two chambers: the judicial chamber the administrative chamber. each of these chambers constitutes one autonomous jurisdiction within the supreme court and is composed of a president of the chamber and of councilors. the president of the supreme court presides over the joint chambers. the public ministry before each chamber is assured by the general prosecution of the supreme court composed of the procurator general and the general attorneys. article 124 the judicial chamber of the supreme court has competence to take cognizance: of the pourvois [petitions] in cassation formed against the decisions rendered in last resort by the civil, commercial, social and criminal jurisdictions. of the prises à partie [proceedings against a judge] against the magistrates of the court of appeal according to the conditions determined by the code of civil procedure. of the criminal prosecutions against the magistrates of the court of appeal according to the conditions determined by the code of criminal procedure. of the demands for révision [review] and of judicial regulation. article 125 the administrative chamber of the supreme court has competence to take cognizance: of the recourses formed against the decisions rendered in contentious-administrative matters. of the recourses for abuse of power formed against administrative acts; of the challenges to local elections; of recourses in cassation against the decisions of the organs deciding in disciplinary matters. sub title iii. of the high court of justice article 126 the high court of justice is composed of the president and of the presidents of the chambers of the supreme court and of four deputies elected by the national assembly. the high court of justice elects its president from within it. an organic law establishes the regulations of its functioning as well as the procedure to be followed before it. article 127 the high court of justice is the sole jurisdiction competent to take cognizance of the infractions committed by the president of the republic. the political responsibility of the president of the republic is only engaged in case of high treason. the high court of justice is competent to judge the members of the government and their accomplices in case of conspiracy against the security of the state. article 128 the high court of justice takes cognizance of the crimes and offenses committed by the members of the supreme court. article 129 the high court of justice is bound by the definition of crimes and offenses[,] as well as by the determination of the penalties which result from them[,] of the criminal laws in force at the moment when the acts were committed. the decision to prosecute as well as to impeach of the president of the republic and of the members of the government is voted with the majority of four-fifths (4/5) of the members of each of the two assemblies composing the parliament, according to the procedure provided for by an organic law. in case of condemnation, they are relieved of their offices [charges]. title ix. of the high authority of audiovisual and of communication article 130 the high authority of audiovisual and of communication has for [its] mission to guarantee and to assure the freedom and the protection of the press and of the other means of mass communication. it sees to respect for ethics in matters of information, of communication and of equitable access of the political parties and of the associations to the official means of information and of communication. the high authority of audiovisual and of communication is competent to give authorization for the installation of new private television channels and radio. article 131 the high authority of audiovisual and of communication elects from within it its president and the members of its bureau. the composition, the organization and the functioning of the high authority of audiovisual and of communication is established by an organic law. title x. of the economic and social council article 132 the economic and social council is given the charge to give its opinion on all the questions brought to its examination by the president of the republic, the government, the national assembly, the senate or any other public institution. the economic and social council is consulted, for [its] opinion, on any project of plan or of economic and social program as well as on any bill of [a] text of fiscal, economic and social character. it may equally proceed to analyze any problem of economic and social development. it submits its conclusions to the president of the republic, to the government, to the national assembly and to the senate. it monitors the execution of the decisions of the government relative to economic and social organization. article 133 the economic and social council may designate one of its members, at the demand of the president of the republic, of the government, of the national assembly or of the senate, to present before these organs the opinion of the council on the bills or proposals that have been submitted to it. article 134 the economic and social council elects from within it its president and the members of its bureau. article 135 the economic and social council has a section in each economic region of the country. article 136 the composition, the organization and the functioning of the economic and social council as well as of its sections are established by an organic law. title xi. of the international treaties and agreements article 137 the president of the republic negotiates and ratifies the international treaties and agreements. article 138 the peace treaties, the commercial treaties, the treaties relative to the international organizations, those that engage the finances of the state, those that modify the provisions of a legislative nature, those which are relative to the status of persons and to the rights of man, [and] those that involve cession, exchange or addition of territory, may only be ratified by virtue of a law. they may only take effect after having been ratified and published. no cession, no exchange or addition of territory is valid without the consent of the populations interested. article 139 when the constitutional court, referred to [the matter] by the president of the republic, by the prime minister or by the president of the national assembly, has declared that an international commitment contains a clause contrary to the constitution, the authorization to ratify it or to approve it may only intervene after the revision of the constitution. article 140 the treaties or agreements regularly ratified or approved have, on their publication, an authority superior to the laws, under reserve, for each agreement or treaty, of its application by the other party. title xii. of the territorial collectivities and of the traditional chiefdoms article 141 the togolese republic is organized in territorial collectivities on the basis of the principle of decentralization within respect for the national unity. these territorial collectivities are: the communes, the prefectures and the regions. any other territorial collectivity is created by the law. the territorial collectivities administer themselves freely by councils elected by universal suffrage, within the conditions provided for by the law. article 142 the state sees to the harmonious development of all the territorial collectivities on the basis of national solidarity, of regional potentials and of inter-regional equilibrium. article 143 the togolese state recognizes the traditional chiefdom, guardian of use and customs. the designation and the enthronement of the traditional chief obeys the use and customs of the locality. title xiii. of revision article 144 the initiative of revision of the constitution belongs concurrently to the president of the republic and to one-fifth (1/5) at least of the deputies composing the national assembly. the bill or the proposal of revision is considered as adopted if it is voted with the majority of four-fifths (4/5) of the deputies composing the national assembly. in default this majority, the bill or proposal of revision adopted with the majority of two-thirds (2/3) of the deputies composing the national assembly, is submitted to referendum. the president of the republic may submit to referendum any bill of constitutional law. no procedure of revision may be engaged or pursued in a period of interim or of vacancy or when the integrity of the territory is infringed. the republican form and the secularity of the state may not be the object of a revision. title xiv. special provisions article 145 the president of the republic, the prime minister, the members of the government, the president and the members of the bureau of the national assembly and of the senate and the directors of the central administrations and of the public enterprises must make before the supreme court a declaration of their assets and credits at the debut and at the end of their mandate or of the office. a law determines the conditions for the implementation of this provision. article 146 the source of all legitimacy follows from this constitution. article 147 the togolese armed forces are a national, republican and apolitical army. they are entirely subject to the political constitutional authority regularly established. article 148 any attempt to overthrow the constitutional regime by the personnel of the armed forces or [forces] of public security, by any individual or group of individuals, is considered as an imprescriptible crime against the nation and sanctioned in accordance with the laws of the republic. article 149 outside of for the defense of the territory and of the works of public utility, the armed forces may only be engaged insofar as this constitution expressly authorizes it. in case of conflict with another state, the armed forces are enabled to protect civil objectives, and to assure missions of the police, to the extent that their mission of defense of the territorial integrity requires it. in this case, the armed forces cooperate with the authorities of [the] police. in case of armed rebellion and if the forces of police and of security cannot, by themselves, maintain public order, the government can, to contain the danger menacing the existence of the republic or the democratic constitutional order, engage the armed forces to assist the forces of police and of security in the protection of civil objectives and the struggle against rebels. in any state of cause, the government must end the engagement of the armed forces once the national assembly requires it. article 150 in case of coup d'état, or any coup of force whatever, any member of the government or of the national assembly has the right and the duty to call on all means to reestablish the constitutional legitimacy, and including the recourse to existing agreements of military or of defense cooperation. in these circumstances, for any togolese, to disobey and to organize themselves to resist the illegitimate authority constitutes the most sacred of the rights and the most imperative of the duties. any overthrow of the constitutional regime is considered as an imprescriptible crime against the nation and sanctioned in accordance with the laws of the republic. article 151 this constitution must be promulgated within the eight (8) days following its adoption by referendum. title xv. of the national commission of the rights of man and of the mediator of the republic sub title i. of the national commission of the rights of man article 152 a national commission of the rights of man is created. it is independent. it is only subject to the constitution and to the law. the composition, the organization and the functioning of the national commission of the rights of man are established by an organic law. article 153 no member of the government or of the parliament, [and] no other person may interfere with the exercise of its functions[,] and all other organs of the state give their assistance to it[,] of which it should have need to preserve its independence, its dignity and its efficacy. sub title ii. of the mediator of the republic article 154 a mediator of the republic[,] given the charge of governing the non-jurisdictional conflicts between the citizens and the administration[,] is instituted. the mediator of the republic is an independent administrative authority appointed by decree taken in the council of ministers for a mandate of three (03) years renewable. the composition, the organization and the functioning of the services of the mediator of the republic are established by an organic law. title xvi. of the transitory provisions article 155 the competences devolved to the senate for the designation of the members of the constitutional court are exercised by the national assembly until the installation of the senate. the members so designated exercise their mandate of seven (07) years. article 156 the current members of the constitutional court remain in [their] functions until the installation of the new members. article 157 until the installation of the senate, the national assembly exercises solely the legislative power devolved to the parliament. article 158 the legislation in force in togo until the installation of the new institutions remains applicable, save for intervention of new texts, and so long as they contain nothing that is contrary to this constitution. title xvii. of the final provisions article 159 this constitution will be executed as fundamental law of the togolese republic. preamble we the people of vanuatu, proud of our struggle for freedom, determined to safeguard the achievements of this struggle, cherishing our ethnic, linguistic and cultural diversity, mindful at the same time of our common destiny, hereby proclaim the establishment of the united and free republic of vanuatu founded on traditional melanesian values, faith in god, and christian principles, and for this purpose give ourselves this constitution. chapter 1. the state and sovereignty 1. republic of vanuatu the republic of vanuatu is a sovereign democratic state. 2. constitution supreme law the constitution is the supreme law of the republic of vanuatu. 3. national and official languages the national language of the republic of vanuatu is bislama. the official languages are bislama, english and french. the principal languages of education are english and french. the republic of vanuatu shall protect the different local languages which are part of the national heritage, and may declare one of them as a national language. 4. national sovereignty, the electoral franchise and political parties national sovereignty belongs to the people of vanuatu which they exercise through their elected representatives. the franchise is universal, equal and secret. subject to such conditions or restrictions as may be prescribed by parliament, every citizen of vanuatu who is at least 18 years of age shall be entitled to vote. political parties may be formed freely and may contest elections. they shall respect the constitution and the principles of democracy. for the purposes of determining national sovereignty, people of vanuatu means all indigenous and naturalised citizens of vanuatu. chapter 2. fundamental rights and duties part i. fundamental rights 5. fundamental rights and freedoms of the individual the republic of vanuatu recognises, that, subject to any restrictions imposed by law on non-citizens and holders of dual citizenship who are not indigenous or naturalised citizens, all persons are entitled to the following fundamental rights and freedoms of the individual without discrimination on the grounds of race, place of origin, religious or traditional beliefs, political opinions, language or sex but subject to respect for the rights and freedoms of others and to the legitimate public interest in defence, safety, public order, welfare and healthlife; liberty; security of the person; protection of the law; freedom from inhuman treatment and forced labour; freedom of conscience and worship; freedom of expression; freedom of assembly and association; freedom of movement; protection for the privacy of the home and other property and from unjust deprivation of property; equal treatment under the law or administrative action, except that no law shall be inconsistent with this sub-paragraph insofar as it makes provision for the special benefit, welfare, protection or advancement of females, children and young persons, members of under-privileged groups or inhabitants of less developed areas. protection of the law shall include the followingeveryone charged with an offence shall have a fair hearing, within a reasonable time, by an independent and impartial court and be afforded a lawyer if it is a serious offence; everyone is presumed innocent until a court establishes his guilt according to law; everyone charged shall be informed promptly in a language he understands of the offence with which he is being charged; if an accused does not understand the language to be used in the proceedings he shall be provided with an interpreter throughout the proceedings; a person shall not be tried in his absence without his consent unless he makes it impossible for the court to proceed in his presence; no-one shall be convicted in respect of an act or omission which did not constitute an offence known to written or custom law at the time it was committed; no-one shall be punished with a greater penalty than that which exists at the time of the commission of the offence; no person who has been pardoned, or tried and convicted or acquitted, shall be tried again for the same offence or any other offence of which he could have been convicted at his trial. 6. enforcement of fundamental rights anyone who considers that any of the rights guaranteed to him by the constitution has been, is being or is likely to be infringed may, independently of any other possible legal remedy, apply to the supreme court to enforce that right. the supreme court may make such orders, issue such writs and give such directions, including the payment of compensation, as it considers appropriate to enforce the right. part ii. fundamental duties 7. fundamental duties every person has the following fundamental duties to himself and his descendants and to othersto respect and to act in the spirit of the constitution; to recognise that he can fully develop his abilities and advance his true interests only by active participation in the development of the national community; to exercise the rights guaranteed or conferred by the constitution and to use the opportunities made available to him under it to participate fully in the government of the republic of vanuatu; to protect the republic of vanuatu and to safeguard the national wealth, resources and environment in the interests of the present generation and of future generations; to work according to his talents in socially useful employment and, if necessary, to create for himself legitimate opportunities for such employment; to respect the rights and freedoms of others and to cooperate fully with others in the interests of interdependence and solidarity; to contribute, as required by law, according to his means, to the revenues required for the advancement of the republic of vanuatu and the attainment of national objectives; in the case of a parent, to support, assist and educate all his children, legitimate and illegitimate, and in particular to give them a true understanding of their fundamental rights and duties and of the national objectives and of the culture and customs of the people of vanuatu; in the case of a child, to respect his parents. 8. fundamental duties non-justiciable but public authorities to encourage compliance except as provided by law, the fundamental duties are non-justiciable. nevertheless it is the duty of all public authorities to encourage compliance with them so far as lies within their respective powers. chapter 3. citizenship 9. automatic citizens on the day of independence the following persons shall automatically become citizens of vanuatua person who has or had four grandparents who belong to a tribe or community indigenous to vanuatu; and a person of ni-vanuatu ancestry who has no citizenship, nationality or the status of an optant. 10. entitlement to citizenship every person who on the day of independence is a person of ni-vanuatu ancestry and has the nationality or citizenship of a foreign state or the status of an optant shall become a citizen of vanuatu if he makes an application, or an application is made on his behalf by his parent or lawful guardian. 11. persons born after day of independence anyone born after the day of independence, whether in vanuatu or abroad, shall become a citizen of vanuatu if at least one of his parents is a citizen of vanuatu. 12. naturalisation a national of a foreign state or a stateless person may apply to be naturalised as a citizen of vanuatu if he has lived continuously in vanuatu for at least 10 years immediately before the date of the application. parliament may prescribe further conditions of the eligibility to apply for naturalisation and shall provide for the machinery to review and decide on applications for naturalisation. 13. recognition of dual citizenship the republic of vanuatu recognises dual citizenship. a person who is a citizen of vanuatu or of a state other than vanuatu may be granted dual citizenship. for the purposes of protecting the national sovereignty of vanuatu, a holder of dual citizenship must not: hold or serve in any public office; and be involved in vanuatu politics; and fund activities that would cause political instability in vanuatu; and affiliate with or form any political parties in vanuatu; stand as a candidate and vote at any of the following elections: general election for members to parliament; and provincial election for members to a provincial government council; and municipal election for members to a municipal council. to avoid doubt, subarticle (3) does not apply to an indigenous citizen or a person who has gained vanuatu citizenship by naturalisation, who hold dual citizenship. parliament may prescribe: the requirements to be met by categories of persons applying for dual citizenship; or the privileges to be accorded to any category of persons who are holders of dual citizenship. 14. further provision for citizenship parliament may make provision for the acquisition of citizenship of vanuatu by persons not covered in the preceding articles of this chapter and may make provision for the deprivation and renunciation of citizenship of vanuatu. chapter 4. parliament 15. parliament the legislature shall consist of a single chamber which shall be known as parliament. 16. power to make laws parliament may make laws for the peace, order and good government of vanuatu. parliament shall make laws by passing bills introduced either by one or more members or by the prime minister or a minister. when a bill has been passed by parliament it shall be presented to the president of the republic who shall assent to it within 2 weeks. if the president considers that the bill is inconsistent with a provision of the constitution he shall refer it to the supreme court for its opinion. the bill shall not be promulgated if the supreme court considers it inconsistent with a provision of the constitution. 17. election of members of parliament parliament shall consist of members elected on the basis of universal franchise through an electoral system which includes an element of proportional representation so as to ensure fair representation of different political groups and opinions. subject to such conditions or restrictions as may be prescribed by parliament every citizen of vanuatu who is at least 25 years of age shall be eligible to stand for election to parliament. 17a. vacation of seat where member resigns or ceases to support political party this article applies to a member of parliament if the member, having been a candidate of a political party and elected to parliament resigns from, or ceases to support, the political party. if the leader of the political party notifies the speaker in writing that the member has resigned from, or ceased to support, the political party, the speaker shall, at the next sitting of parliament after the speaker is so informed, make a declaration that the member has resigned from, or ceased to support, the political party. if, within a period of 7 days of the declaration by the speaker, the member does not institute legal proceedings in the supreme court to challenge the allegation that he or she has resigned from, or ceased to support, the political party, the member must vacate his or her seat at the end of that period. if, within 7 days of the declaration by the speaker, the member institutes legal proceedings in the supreme court to challenge the allegation that he or she has resigned from, or ceased to support, the political party, the member shall not vacate his or her seat unless and until: the proceedings are finally determined by a decision upholding the allegation that the member has resigned from, or ceased to support, the political party, being a decision in respect of which the time allowed for an appeal has expired without an appeal being filed; or the proceedings are withdrawn. this article shall not apply during the period when parliament may pass a motion of no confidence in the prime minister. this article shall apply notwithstanding the provisions of article 5 (1) of this constitution. if: a member of parliament having been a candidate of a political party for the general election held on 6 july 2004, ceases to support, or resigns from, the political party before the commencement of this article; and on the commencement of this article, the member has not resumed support for, or rejoined, the political party; then, the member must, within 12 months after the commencement of this article, notify the speaker of parliament in writing whether he or she is a member of, or supports, another political party, or is an independent member of the parliament supporting the government or the opposition or neither. if the member does not give the required notice under subarticle (7), then, for the purposes of the application of this article to the member, he or she is deemed immediately after the commencement of this article to have ceased to support, or resigned from, the political party for which he or she stood as a candidate for the general election held on 6 july 2004. 17b. vacation of seat of independent member this article applies to a member of parliament if the member having been an independent candidate and elected to parliament, affiliates with the government or the opposition, and then ceases to support the government or the opposition (whichever applies). if the prime minister or the leader of the opposition, notifies the speaker in writing that the member is an independent candidate who was elected to parliament and affiliated with the government or the opposition, but has ceased to support the government or the opposition, the speaker shall, at the next sitting of parliament after the speaker is so informed, make a declaration under paragraph (3) (a) or (b). the declaration by the speaker is that the memberis an independent candidate who was elected to parliament and affiliated with the government, but has ceased to support the government; or is an independent candidate who was elected to parliament and affiliated with the opposition, but has ceased to support the opposition. if, within a period of 7 days of the declaration by the speaker, the member does not institute legal proceedings in the supreme court to challenge the allegation that he or she is an independent candidate who was elected to parliament and affiliated with the government or the opposition, but has ceased to support the government or the opposition, the member's seat shall be taken to be vacated at the end of that period. if, within 7 days of the declaration by the speaker, the member institutes legal proceedings in the supreme court to challenge the allegation referred to in subarticle (4), the member's seat shall not be taken to have been vacated unless and until: the proceedings are finally determined by a decision upholding the allegation, being a decision in respect of which the time allowed for an appeal has expired without an appeal being filed; or the proceedings are withdrawn. this article shall not apply during the period when parliament may pass a motion of no confidence in the prime minister. this article shall apply notwithstanding the provisions of article 5 (1) of this constitution. 18. electoral commission there shall be an electoral commission consisting of a chairman and two members appointed by the president of the republic acting in accordance with the advice of the judicial service commission. the following persons shall not be qualified for appointment as chairman or member of the commissiona member of or a candidate for election to parliament; a member of or a candidate for election to provincial government or municipal councils; a member of or a candidate for election to the malvatumauri council of chiefs; any person who exercises any position of responsibility in a political party. a chairman or a member of the commission shall vacate his officeat the expiration of 5 years from the date of his appointment; or if any circumstances arise that, if he were not a member of the commission, would cause him to be disqualified for appointment as such. 19. principal electoral officer there shall be a principal electoral officer who shall be a public servant. 20. functions of electoral commission and principal electoral officer the electoral commission shall have general responsibility for and shall supervise the registration of electors and the conduct of elections to parliament, the malvatumauri council of chiefs, provincial government and municipal councils. the commission shall have such powers and functions relating to such registration and elections as may be prescribed by parliament. the principal electoral officer shall have such powers and functions relating to such registration and elections as may be prescribed by parliament. the principal electoral officer shall keep the commission fully informed concerning the exercise of his functions and shall have the right to attend meetings of the commission, and shall comply with any directions that the commission may give to him in the exercise of his functions. every proposed bill and every proposed regulation or other instrument having the force of law relating to the registration of electors for the election of members of parliament, the malvatumauri council of chiefs, provincial government and municipal councils or to the election of such members shall be referred to the commission and to the principal electoral officer at such time as shall give them sufficient opportunity to make comments on it before the bill is introduced in parliament or, as the case may be, before the regulation or instrument is made. the electoral commission may lay before parliament such reports concerning the matters under their supervision, or any draft bill or instrument that is referred to them, as they may think fit. 21. procedure of parliament parliament shall meet twice a year in ordinary session. parliament may meet in extraordinary session at the request of the majority of its members, the speaker or the prime minister. unless otherwise provided in the constitution, parliament shall make its decisions by public vote by a simple majority of the members voting. unless otherwise provided in the constitution, the quorum shall be two thirds of the members of parliament. if there is no such quorum at the first sitting in any session parliament shall meet 3 days later, and a simple majority of members shall then constitute a quorum. for the purpose of subarticle (4), days means working days and not saturday or sunday. parliament shall make its own roles of procedure. 22. speaker and deputy speakers at its first sitting after any general election parliament shall elect a speaker and one or more deputy speakers. the speaker shall preside at sittings of parliament and shall be responsible for maintaining order. the functions of speaker may be exercised by a deputy speaker. 23. committees parliament may establish committees and appoint members to them. 24. proceedings to be public unless otherwise provided proceedings of parliament shall be held in public. 25. public finance every year the government shall present a bill for a budget to parliament for its approval. no taxation shall be imposed or altered and no expenditure of public funds shall be incurred except by or under a law passed by parliament. no motion for the levying or increase of taxation or for the expenditure of public funds shall be introduced unless it is supported by the government. parliament shall provide for the office of auditor-general, who shall be appointed by the public service commission on its own initiative. the function of the auditor-general shall be to audit and report to parliament and the government on the public accounts of vanuatu. the auditor-general shall not be subject to the direction or control of boy other person or body in the exercise of his functions. 26. ratification of treaties treaties negotiated by the government shall be presented to parliament for ratification when theyconcern international organisations, peace or trade; commit the expenditure of public funds; affect the status of people; require amendment of the laws of the republic of vanuatu; or provide for the transfer, exchange or annexing of territory. 27. privileges of members no member of parliament may be arrested, detained, prosecuted or proceeded against in respect of opinions given or votes cast by him in parliament in the exercise of his office. no member may, during a session of parliament or of one of its committees, be arrested or prosecuted for any offence, except with the authorisation of parliament in exceptional circumstances. 28. life of parliament parliament, unless sooner dissolved under paragraph (2) or (3), shall continue for 4 years from the date of its election. parliament may at any time decide, by resolution supported by the votes of an absolute majority of the members at a special sitting when at least three-fourths of the members are present, to dissolve parliament. at least 1 week's notice of such a motion shall be given to the speaker before the debate and the vote on it. the president of the republic may, on the advice of the council of ministers, dissolve parliament. general elections shall be held not earlier than 30 days and not later than 60 days after any dissolution. there shall be no dissolution of parliament within 12 months of the general elections following a dissolution under subarticle (2) or (3). chapter 5. malvatumauri council of chiefs 29. malvatumauri council of chiefs the malvatumauri council of chiefs shall be composed of custom chiefs elected by their peers sitting in district councils of chiefs. the council shall make its own rules of procedure. the council shall hold at least one meeting a year. further meetings may be held at the request of the council, parliament, or the government. during the first sitting following its election the council shall elect its president. 30. functions of council the malvatumauri council of chiefs has a general competence to discuss all matters relating to land, custom and tradition and may make recommendations for the preservation and promotion of ni-vanuatu culture and languages. the council must be consulted on any question, particularly any question relating to land, tradition and custom, in connection with any bill before parliament. 31. organisation of council and role of chiefs parliament shall by law provide for the organisation of the malvatumauri council of chiefs and in particular for the role of chiefs at the village, island and district level. 32. privileges of members of council no member of the malvatumauri council of chiefs may be arrested, detained, prosecuted or proceeded against in respect of opinions given or votes cast by him in the council in the exercise of his office. no member may, during a session of the council or of one of its committees, be arrested or prosecuted for any offence, except with the authorisation of the council in exceptional circumstances. chapter 6. head of state 33. president of the republic the head of the republic shall be known as the president and shall symbolise the unity of the nation. 34. election of president the president of the republic shall be elected, in accordance with schedule 1, by secret ballot by an electoral college consisting of parliament and the presidents of the provincial government councils. when a vacancy in the office of the president of the republic arises, election to that office shall be held within 3 weeks of the vacancy arising, or in the event of a vacancy arising when parliament is dissolved, within 3 weeks after the first meeting of the new parliament. 35. qualifications for election as president any indigenous vanuatu citizen qualified to be elected to parliament shall be eligible for election as president of the republic. 36. term of office and removal of president the term of office of the president of the republic shall be 5 years. the president of the republic may be removed from office, only for gross misconduct or incapacity, by the electoral college provided for in article 34 on a motion introduced by at least one-third of the members of the college and passed by at least two-thirds of its members, when at least three-fourths of its members, including at least three-fourths of the presidents of the provincial government councils, are present. at least 2 weeks notice of the motion provided for in subarticle (2) shall he given to the speaker. if there is no quorum at the first sitting as provided in subarticle (2), the electoral college may meet and vote on the motion provided for in subarticle (2) a week later even if there is only a quorum of two-thirds of the members of the college. 37. speaker to act as president whenever there is a vacancy in the office of the president of the republic or the president is overseas or incapacitated, the speaker of parliament shall perform the functions of president under this constitution and any other law. when parliament is dissolved and there is a vacancy in the office of the president of the republic or the president is overseas or incapacitated, the speaker of parliament at the time of the dissolution shall perform the functions of the president of the republic under this constitution and any other law until a new speaker is elected. 38. presidential powers of pardon,commutation and reduction of sentences the president of the republic may pardon, commute or reduce a sentence imposed on a person convicted of an offence. parliament may provide for a committee to advise the president in the exercise of this function. chapter 7. the executive 39. executive power the executive power of the people of the republic of vanuatu is vested in the prime minister and council of ministers and shall be exercised as provided by the constitution or a law. the prime minister shall keep the president of the republic fully informed concerning the general conduct of the government of the republic. the president of the republic may refer to the supreme court any regulation which he considers to be inconsistent with the constitution. 40. council of ministers there shall be a council of ministers which shall consist of the prime minister and other ministers. the number of ministers, including the prime minister, shall not exceed a third of the number of members of parliament. 41. election of prime minister the prime minister shall be elected by parliament from among its members by secret ballot in accordance with the rules in schedule 2. 42. appointment and removal of other ministers the prime minister shall appoint the other ministers from among the members of parliament and may designate one of them as deputy prime minister. the prime minister shall assign responsibilities for the conduct of government to the ministers. the prime minister may remove the ministers from office. 43. collective responsibility of ministers and votes of no confidence the council of ministers shall be collectively responsible to parliament. parliament may pass a motion of no confidence in the prime minister. at least 1 week's notice of such a motion shall be given to the speaker and the motion must be signed by one sixth of the members of parliament. if it is supported by an absolute majority of the members of parliament, the prime minister and other ministers shall cease to hold office forthwith but shall continue to exercise their functions until a new prime minister is elected. 44. termination of office of ministers the council of ministers shall cease to hold office whenever the prime minister resigns or dies but shall continue to exercise their functions until a new prime minister is elected. in the case of the death of the prime minister, the deputy prime minister, or if there is no deputy prime minister a minister appointed by the president of the republic, shall act as prime minister until a new prime minister is elected. 45. other times when a minister ceases to hold office a minister, including the prime minister, shall also cease to hold officewhen, after a general election, parliament meets to elect a new prime minister; if he ceases to be a member of parliament for any reason other than a dissolution of parliament; or if he is elected as president of the republic or as speaker of parliament. 46. ministers to remain members of parliament members of parliament who are appointed ministers shall retain their membership of parliament. chapter 8. justice 47. the judiciary the administration of justice is vested in the judiciary, who are subject only to the constitution and the law. the function of the judiciary is to resolve proceedings according to law. if there is no rule of law applicable to a matter before it, a court shall determine the matter according to substantial justice and whenever possible in conformity with custom. except for the chief justice the judiciary shall be appointed by the president of the republic acting on the advice of the judicial service commission. all members of the judiciary shall hold office until they reach the age of retirement. they shall only be removed from office by the president of the republic in the event ofconviction and sentence on a criminal charge; or a determination by the judicial service commission of gross misconduct, incapacity or professional incompetence. the promotion and transfer of members of the judiciary may only be made by the president of the republic on the advice of the judicial service commission. parliament may provide for the appointment by the president of the republic, after consultation with the judicial service commission, of acting judges for such periods as may be set out in their instruments of appointment. subarticle (3) so far as it relates to the removal from office shall apply to acting judges. 48. the judicial service commission the judicial service commission shall consist of the minister responsible for justice, as chairman, the chief justice, the chairman of the public service commission, and a representative of the malvatumauri council of chiefs appointed by the council. the judicial service commission shall not be subject to the direction or control of any other person or body in the exercise of its functions. 49. the supreme court, the chief justice and other judges the supreme court has unlimited jurisdiction to hear and determine any civil or criminal proceedings, and such other jurisdiction and powers as may be conferred on it by the constitution or by law. the supreme court shall consist of a chief justice and not more than twelve other judges. the chief justice shall be appointed by the president of the republic after consultation with the prime minister and the leader of the opposition. a person shall not be qualified for appointment as chief justice or other judge of the supreme court unless he is qualified to practise as a lawyer in vanuatu. 50. appeals from supreme court to court of appeal parliament shall provide for appeals from the original jurisdiction of the supreme court and may provide for appeals from such appellate jurisdiction as it may have to a court of appeal which shall be constituted by two or more judges of the supreme court sitting together. 51. ascertainment of rules of custom parliament may provide for the manner of the ascertainment of relevant rules of custom except for the rules of custom relating to ownership of custom land, and may in particular provide for persons knowledgeable in such custom to sit with the judges of the supreme court or the court of appeal and take part in its proceedings. subarticle (1) does not apply to any matter being referred to a court before the commencement of this amendment. 52. village and island courts parliament shall provide for the establishment of village or island courts with jurisdiction over customary and other matters and shall provide for the role of chiefs in such courts. 53. application to supreme court regarding infringements of constitution anyone who considers that a provision of the constitution has been infringed in relation to him may, without prejudice to any other legal remedy available to him, apply to the supreme court for redress. the supreme court has jurisdiction to determine the matter and to make such order as it considers appropriate to enforce the provisions of the constitution. when a question concerning the interpretation of the constitution arises before a subordinate court, and the court considers that the question concerns a fundamental point of law, the court shall submit the question to the supreme court for its determination. 54. election disputes the jurisdiction to hear and determine any question as to whether a person has been validly elected as a member of parliament, the malvatumauri council of chiefs, and a provincial government council or whether he has vacated his seat or has become disqualified to hold it shall vest in the supreme court. 55. public prosecutor the function of prosecution shall vest in the public prosecutor, who shall be appointed by the president of the republic on the advice of the judicial service commission. he shall not be subject to the direction or control of any other person or body in the exercise of his functions. 56. public solicitor parliament shall provide for the office of the public solicitor, appointed by the president of the republic on the advice of the judicial service commission, whose function shall be to provide legal assistance to needy persons. chapter 9. administration part i. the public service 57. public servants public servants owe their allegiance to the constitution and to the people of vanuatu. only citizens of vanuatu shall be appointed to public office. the public service commission shall determine other qualifications for appointment to the public service. no appointment shall be made to a post that has not been created in accordance with a law. the prime minister or the president of a provincial government council may, exceptionally, make provision for the recruitment of staff for a specified period to meet unforeseen needs. in urgent cases, the public service commission may, after consulting the ministers responsible for finance and public administration, make such a decision instead of the prime minister. for as long as their posts exist, public servants shall not be removed from their posts except in accordance with the constitution. public servants shall be given increments in their salary in accordance with the law. public servants shall leave the public service upon reaching retirement age or upon being dismissed by the public service commission. they shall not be demoted without consultation with the public service commission. the security of tenure of public servants provided for in subarticle (5) shall not prevent such compulsory early retirement as may be decided by law in order to ensure the renewal of holders of public offices. 58. exclusion of security of tenure in relation to political advisers and transfer of public servants the rule of security of tenure provided for in article 57(5) shall not apply to the personal political advisers of the prime minister and ministers. senior public servants in ministries may be transferred by the prime minister to other posts of equivalent rank. 59. membership of public service commission the public service commission shall be composed of five members appointed for 3 years by the president of the republic after consultation with the prime minister. the president of the republic shall appoint every year, from among the members of the commission, a chairman who shall be responsible for organising its proceedings. a person shall be disqualified for appointment as a member of the commission if he is a member of parliament, the malvatumauri council of chiefs or a provincial government council or if he exercises a position of responsibility within a political party. a person shall cease to be a member of the commission if circumstances arise that, if he were not a member, would disqualify him for appointment as such. 60. functions of public service commission the public service commission shall be responsible for the appointment and promotion of public servants, and the selection of those to undergo training courses in vanuatu or overseas. for such purposes it may organise competitive examinations. the commission shall also be responsible for the discipline of public servants. the commission shall have no authority over the members of the judiciary, the armed forces, the police and the teaching services. the commission shall not be subject to the direction or control of any other person or body in the exercise of its functions. part ii. the ombudsman 61. ombudsman the ombudsman shall be appointed, for 5 years, by the president of the republic after consultation with the prime minister, the speaker of parliament, the leaders of the political parties represented in parliament, the president of the malvatumauri council of chiefs, the presidents of the provincial government councils, and the chairmen of the public service commission and the judicial service commission. a person shall be disqualified for appointment as ombudsman if he is a member of parliament, the malvatumauri council of chiefs or a provincial government council, if he holds any other public office, or if he exercises a position of responsibility within a political party. a person shall cease to be ombudsman if circumstances arise that, if he were not the ombudsman, would disqualify him for appointment as such. 62. enquiries by ombudsman the ombudsman may enquire into the conduct of any person or body to which this article appliesupon receiving a complaint from a member of the public (or, if for reasons of incapacity, from his representative or a member of his family) who claims to have been the victim of an injustice as a result of particular conduct; at the request of a minister, a member of parliament, of the malvatumauri council of chiefs or of a provincial government council; or of his own initiative. this article shall apply to all public servants, public authorities and ministerial departments, with the exception of the president of the republic, the judicial service commission, the supreme court and other judicial bodies. the ombudsman may request any minister, public servant, administrator, authority concerned or any person likely to assist him, to furnish him with information and documents needed for his enquiry. the ombudsman shall grant the person or body complained of an opportunity to reply to the complaints made against them. the enquiries of the ombudsman shall be conducted in private. 63. findings of the ombudsman and reports wherever, after due enquiry, the ombudsman concludes that a complaint is unjustified, he shall so inform the complainant and the prime minister and the head of the public department or authority concerned. wherever, after due enquiry, the ombudsman concludes that conduct was contrary to the law, based on error of law or of fact, delayed for unjustified reasons, or unjust or blatantly unreasonable and that, consequently, any decision taken should be annulled or changed or that any practice followed should be revised, he shall forward his findings to the prime minister and to the head of the public authority or department directly concerned. the report of the ombudsman shall be public unless he decides to keep the report, or parts of it, confidential to the prime minister and the person in charge of the relevant public service, on the grounds of public security or public interest. the complainant shall in any case be told of the findings of the ombudsman. the prime minister or the person in charge of the relevant public service shall decide upon the findings of the ombudsman within a reasonable time and the decision, with reasons, shall be given to the complainant forthwith. any period limiting the time in which legal proceedings may be commenced shall not begin to run until the complainant has received the decision. the ombudsman shall present a general report to parliament each year and may make such additional reports as he considers necessary concerning the discharge of his functions and action taken on his findings. he may draw the attention of parliament to any defects which appear to him to exist in the administration. 64. right of a citizen to services in own language a citizen of vanuatu may obtain, in the official language that he uses, the services which he may rightfully expect from the administration of the republic of vanuatu. where a citizen considers that there has been a breach of subarticle (1) he may make a complaint to the ombudsman who shall conduct an enquiry in accordance with articles 62 and 63. the ombudsman shall, each year, make a special report to parliament concerning the observance of multilingualism and the measures likely to ensure its respect. 65. ombudsman not subject to direction or control the ombudsman shall not be subject to the direction or control of any other person or body in the exercise of his functions. chapter 10. leadership code 66. conduct of leaders any person defined as a leader in article 67 has a duty to conduct himself in such a way, both in his public and private life, so as not toplace himself in a position in which he has or could have a conflict of interests or in which the fair exercise of his public or official duties might be compromised; demean his office or position; allow his integrity to be called into question; or endanger or diminish respect for and confidence in the integrity of the government of the republic of vanuatu. in particular, a leader shall not use his office for personal gain or enter into any transaction or engage in any enterprise or activity that might be expected to give rise to doubt in the public mind as to whether he is carrying out or has carried out the duty imposed by subarticle (1) 67. definition of a leader for the purposes of this chapter, a leader means the president of the republic, the prime minister and other ministers, members of parliament, and such public servants, officers of government agencies and other officers as may be prescribed by law. 68. parliament to give effect to this chapter parliament shall by law give effect to the principles of this chapter. chapter 11. emergency powers 69. emergency regulations the council of ministers may make regulations for dealing with a public emergency wheneverthe republic of vanuatu is at war; or the president of the republic acting on the advice of the council of ministers declares a state of emergency by reason of natural calamity or to prevent a threat to or to restore public order. 70. period of and removal of state of emergency when parliament is in session a state of emergency declared under article 69 shall cease to have effect at the end of 1 week unless approved by a resolution of parliament supported by two-thirds of its members. when parliament is not in session a state of emergency shall cease to have effect at the end of 2 weeks. where a resolution has been passed in accordance with subarticle (1) the state of emergency approved by it shall remain in force for the period authorised by the resolution except that no such resolution may authorise a state of emergency for more than 3 months at one time. parliament may meet whenever it decides during a state of emergency. parliament may not be dissolved under article 28(2) or 28(3) during a state of emergency. if the life of a parliament ends in accordance with article 28(1) during a state of emergency the former members of that parliament may meet for the purpose only of considering the state of emergency until the new parliament first meets. parliament may at any time terminate a state of emergency by a resolution supported by an absolute majority of its members. 71. effect of emergency regulations subject to subarticle (2) regulations made by the council of ministers in accordance with article 69 shall have effect notwithstanding the provisions of chapter 2, part i except that no regulation shallderogate from the right to life and the freedom from inhuman treatment and forced labour; and make provision for the detention of a person without trial for more than 1 month unless such person is an enemy alien. regulations made by the council of ministers in accordance with article 69 shall be such as are reasonably necessary in the circumstances of the emergency to which they relate and are justifiable in a democratic society. 72. complaints to supreme court concerning emergency regulations any citizen aggrieved by reason of regulations made by the council of ministers in accordance with article 69 may complain to the supreme court which shall have jurisdiction to determine the validity of all or any of such regulations. chapter 12. land 73. land belongs to custom owners all land in the republic of vanuatu belongs to the indigenous custom owners and their descendants. 74. basis of ownership and use the rules of custom shall form the basis of ownership and use of land in the republic of vanuatu. 75. perpetual ownership only indigenous citizens of the republic of vanuatu who have acquired their land in accordance with a recognised system of land tenure shall have perpetual ownership of their land. 76. national land law parliament, after consultation with the malvatumauri council of chiefs, shall provide for the implementation of articles 73, 74 and 75 in a national land law and may make different provision for different categories of land, one of which shall be urban land. 77. compensation parliament shall prescribe such criteria for the assessment of compensation and the manner of its payment as it deems appropriate to persons whose interests are adversely affected by legislation under this chapter. 78. customary institutions to resolve land ownership and disputes parliament by enactment shall formalise the recognition of appropriate customary institutions or procedures to resolve land ownership or any disputes over custom land. parliament may recognise an institution as a customary institution by enactment for the purposes of subarticle (1). despite the provisions of chapter 8 of the constitution, the final substantive decisions reached by customary institutions or procedures in accordance with article 74, after being recorded in writing, are binding in law and are not subject to appeal or any other form of review by any court of law. subarticle (3) does not apply to any matter being referred to a court before the commencement of this amendment. where consequent to the provisions of this chapter there is a dispute concerning the custom ownership of land the government may hold such land and manage it in the interests of disputing parties until the dispute is resolved. 79. land transactions notwithstanding articles 73, 74 and 75 land transactions between an indigenous citizen and either a non-indigenous citizen or a non-citizen shall only be permitted with the consent of the government. the consent required under subarticle (1) shall be given unless the transaction is prejudicial to the interests ofthe custom owner or owners of the land; the indigenous citizen where he is not the custom owner; the community in whose locality the land is situated; or the republic of vanuatu. 80. government may own land notwithstanding articles 73 and 74 the government may own land acquired by it in the public interest. 81. redistribution of land notwithstanding articles 73 and 74 the government may buy land from custom owners for the purpose of transferring ownership of it to indigenous citizens or indigenous communities from over-populated islands. when redistributing land in accordance with subarticle (1), the government shall give priority to ethnic, linguistic, customary and geographical ties. chapter 13. decentralisation 82. legislation for decentralisation the republic of vanuatu, conscious of the importance of decentralisation to enable the people fully to participate in the government of their provincial government region, shall enact legislation necessary to realize that ideal. 83. provincial government councils the legislation shall provide for the division of the republic of vanuatu into provincial government regions and for each region to be administered by a provincial government council on which shall be representatives of custom chiefs. chapter 14. amendment of the constitution 84. bills for amendment of constitution a bill for an amendment of the constitution may be introduced either by the prime minister or any other member of parliament. 85. procedure for passing constitutional amendments a bill for an amendment of the constitution shall not come into effect unless it is supported by the votes of no less than two-thirds of all the members of parliament at a special sitting of parliament at which three-quarters of the members are present. if there is no such quorum at the first sitting, parliament may meet and make a decision by the same majority a week later even if only two-thirds of the members are present. 86. amendments requiring support of referendums a bill for an amendment of a provision of the constitution regarding the status of bislama, english and french, the electoral system, or the parliamentary system, passed by parliament under article 85, shall not come into effect unless it has been supported in a national referendum. chapter 15. transitional provisions 87. first president of the republic notwithstanding chapter 6 the first president of the republic shallbe such person as shall have been elected prior to the day of independence by an electoral college constituted for that purpose by the representative assembly sitting with the presidents of the regional councils if then established; assume office on the day of independence and hold office in accordance with the provisions of the constitution. 88. first prime minister and other ministers the persons who immediately before the day of independence hold office as chief minister or any other minister shall as from that day hold office as prime minister or other minister, as the case may be, as if they had been elected or appointed thereto under chapter 7. 89. first parliament the persons who immediately before the day of independence are members of the representative assembly shall on that day become members of parliament and shall hold their seats in parliament in accordance with the constitution. the person who immediately before the day of independence holds the office of chairman of the representative assembly shall as from that day act in the office of speaker of parliament until a person is elected to hold that office. the standing orders of the representative assembly in force immediately before the day of independence shall have effect as from that day as the standing orders of parliament until modified or replaced under article 21(5) but shall be construed with such adaptations as may be necessary to bring them into conformity with the constitution. parliament shall, unless sooner dissolved, stand dissolved on the 14 november 1983. 90. existing offices subject to the other provisions of the constitution, a person who immediately before the day of independence holds or acts in an office in the service of the government of the republic of vanuatu shall, as from that day, hold or act in that office or the corresponding office established by or under the constitution on the same terms and conditions as those on which he holds or acts in the office immediately before that day. subarticle (1) is without prejudice to the power of parliament to provide for the compulsory retirement of non-citizen officers to promote localisation of offices. notwithstanding article 57(2), until a citizen of vanuatu is qualified for appointment to a public office a non-citizen may be appointed to that office but, except in the case of a judge of the supreme court, shall be appointed for a limited period. 91. judges of the supreme court notwithstanding chapter 8, any person who immediately before the day of independence holds office as a judge of the pre independence supreme court or of a district court shall as from that day act in the office of judge of the supreme court until a substantive appointment is made to that office in accordance with chapter 8. the president of the republic may appoint one of them to act as chief justice until a substantive appointment is made to that office. 92. rights, liabilities and obligations all rights, liabilities and obligations of the government of the new hebrides, whether arising out of contract or otherwise, shall, as from the day of independence, be rights, liabilities and obligations of the republic of vanuatu. nothing in subarticle (1) shall prevent the government of the republic of vanuatu renegotiating rights, liabilities or obligations assumed under that subarticle. 93. electoral system after the general elections next following the exchange of notes providing for the entry into force of this article, the representative assembly shall set up a committee with equal representation of all political groups to make recommendations on an electoral system based on article 17(1). the recommendations of the committee shall be included in a law enacted by parliament by a two-thirds majority of its members at a special sitting of parliament when at least three-fourths of the members are present. if there is no such quorum at the first sitting, parliament may meet and make a decision by the same majority a week later even if only two thirds of the members are present. 94. legal proceedings all legal proceedings, whether civil or criminal, pending immediately before the day of independence before any court in vanuatu shall be disposed of on and after that day in accordance with general or specific directions given by the supreme court subject to any law which may be enacted for that purpose. 95. existing law until otherwise provided by parliament, all joint regulations and subsidiary legislation made thereunder in force immediately before the day of independence shall continue in operation on and after that day as if they had been made in pursuance of the constitution and shall be construed with such adaptations as may be necessary to bring them into conformity with the constitution. until otherwise provided by parliament, the british and french laws in force or applied in vanuatu immediately before the day of independence shall on and after that day continue to apply to the extent that they are not expressly revoked or incompatible with the independent status of vanuatu and wherever possible taking due account of custom. customary law shall continue to have effect as part of the law of the republic of vanuatu. schedule 1. election of the president of the republic (article 34) the election of the president of the republic shall take place within 3 weeks of the end of the term of office of the previous president. 2 the electoral college may proceed to elect the president of the republic at its first meeting if at least three-fourths of its member are present. if there is no such quorum, the electoral college shall meet again 48 hours later and may lawfully proceed to elect the president if at least two-thirds of its members are present. the candidate who obtains the support of two-thirds of the members of the electoral college shall be elected president of the republic. schedule 2. election of the prime minister (article 41) the candidate who obtains the support of an absolute majority of the members of parliament shall be elected prime minister. if no candidate is elected under paragraph 1, a second ballot shall be taken but the candidate obtaining the lowest number of votes in the first ballot shall be eliminated. if on the second ballot no candidate obtains the support specified in paragraph 1, further ballots shall be held, each time eliminating the candidate with the lowest vote in the preceding ballot until one candidate receives the support specified in paragraph 1, or if only two candidates remain the support of a simple majority. preamble in ancient times mountains arose, rivers moved, and lakes were formed. our amazonia, our swamps, our highlands, and our plains and valleys were covered with greenery and flowers. we populated this sacred mother earth with different faces, and since that time we have understood the plurality that exists in all things and in our diversity as human beings and cultures. thus, our peoples were formed, and we never knew racism until we were subjected to it during the terrible times of colonialism. we, the bolivian people, of plural composition, from the depths of history, inspired by the struggles of the past, by the anti-colonial indigenous uprising, and in independence, by the popular struggles of liberation, by the indigenous, social and labor marches, by the water and october wars, by the struggles for land and territory, construct a new state in memory of our martyrs. a state based on respect and equality for all, on principles of sovereignty, dignity, interdependence, solidarity, harmony, and equity in the distribution and redistribution of the social wealth, where the search for a good life predominates; based on respect for the economic, social, juridical, political and cultural pluralism of the inhabitants of this land; and on collective coexistence with access to water, work, education, health and housing for all. we have left the colonial, republican and neo-liberal state in the past. we take on the historic challenge of collectively constructing a unified social state of pluri-national communitarian law, which includes and articulates the goal of advancing toward a democratic, productive, peace-loving and peaceful bolivia, committed to the full development and free determination of the peoples. we women and men, through the constituent assembly (asamblea constituyente) and with power originating from the people, demonstrate our commitment to the unity and integrity of the country. we found bolivia anew, fulfilling the mandate of our people, with the strength of our pachamama and with gratefulness to god. honor and glory to the martyrs of the heroic constituent and liberating effort, who have made this new history possible. part i. fundamental bases of the state: rights, duties and guarantees title i. fundamental bases of the state chapter i. model of the state article 1 bolivia is constituted as a unitary social state of pluri-national communitarian law (estado unitario social de derecho plurinacional comunitario) that is free, independent, sovereign, democratic, inter-cultural, decentralized and with autonomies. bolivia is founded on plurality and on political, economic, juridical, cultural and linguistic pluralism in the integration process of the country. article 2 given the pre-colonial existence of nations and rural native indigenous peoples and their ancestral control of their territories, their free determination, consisting of the right to autonomy, self-government, their culture, recognition of their institutions, and the consolidation of their territorial entities, is guaranteed within the framework of the unity of the state, in accordance with this constitution and the law. article 3 the bolivian nation is formed by all bolivians, the native indigenous nations and peoples, and the inter-cultural and afro-bolivian communities that, together, constitute the bolivian people. article 4 the state respects and guarantees freedom of religion and spiritual beliefs, according to their view of the world. the state is independent of religion. article 5 the official languages of the state are spanish and all the languages of the rural native indigenous nations and peoples, which are aymara, araona, baure, bésiro, canichana, cavineño, cayubaba, chácobo, chimán, ese ejja, guaraní, guarasu'we, guarayu, itonama, leco, machajuyai-kallawaya, machineri, maropa, mojeñotrinitario, mojeño-ignaciano, moré, mosetén, movima, pacawara, puquina, quechua, sirionó, tacana, tapiete, toromona, uruchipaya, weenhayek, yaminawa, yuki, yuracaré and zamuco. the pluri-national government and the departmental governments must use at least two official languages. one of them must be spanish, and the other shall be determined taking into account the use, convenience, circumstances, necessities and preferences of the population as a whole or of the territory in question. the other autonomous governments must use the languages characteristic of their territory, and one of them must be spanish. article 6 sucre is the capital of bolivia. the symbols of the state are the red, yellow and green tri-color flag; the bolivian national anthem; the code of arms; the wiphala; the rosette; the kantuta flower and the patujú flower. chapter ii. principals, values and purposes of the state article 7 sovereignty resides in the bolivian people and is exercised directly and by delegation. the functions and attributes of the organs of public power emanate, by delegation, from sovereignty; it is inalienable and unlimited. article 8 the state adopts and promotes the following as ethical, moral principles of the plural society: ama qhilla, ama llulla, ama suwa (do not be lazy, do not be a liar or a thief), suma qamaña (live well), ñandereko (live harmoniously), teko kavi (good life), ivi maraei (land without evil) and qhapaj ñan (noble path or life). the state is based on the values of unity, equality, inclusion, dignity, liberty, solidarity, reciprocity, respect, interdependence, harmony, transparency, equilibrium, equality of opportunity, social and gender equality in participation, common welfare, responsibility, social justice, distribution and redistribution of the social wealth and assets for well being. article 9 the following are essential purposes and functions of the state, in addition to those established in the constitution and the law: to construct a just and harmonious society, built on decolonization, without discrimination or exploitation, with full social justice, in order to strengthen the pluri-national identities. to guarantee the welfare, development, security and protection, and equal dignity of individuals, nations, peoples, and communities, and to promote mutual respect and intra-cultural, inter-cultural and plural language dialogue. to reaffirm and strengthen the unity of the country, and to preserve the pluri-national diversity as historic and human patrimony. to guarantee the fulfillment of the principles, values, rights and duties recognized and consecrated in this constitution. to guarantee access of all people to education, health and work. to promote and guarantee the responsible and planned use of natural resources, and to stimulate their industrialization through the development and strengthening of the productive base in its different dimensions and levels, as well as to preserve the environment for the welfare of present and future generations. article 10 bolivia is a pacifist state that promotes the culture of peace and the right to peace, as well as cooperation among the peoples of the region and the world, for the purpose of contributing to mutual understanding, equitable development, and the promotion of an inter-cultural character, with full respect for the sovereignty of states. bolivia rejects every war of aggression as a means of resolving differences and conflicts between states, and it reserves the right to its legitimate defense in the event of aggression that threatens the independence and integrity of the state. the installation of foreign military bases on bolivian territory is prohibited. chapter iii. system of government article 11 the republic of bolivia adopts a participatory democratic, representative and communal form of government, with equal conditions for men and women. democracy is exercised in the following forms, which shall be developed by law: direct and participatory, through referendum, citizen legislative initiative, revocation of terms of office, assembly, councils and prior consultation. the assemblies and councils shall have a deliberative character in accordance with the law. representative, by means of the election of representatives by universal, direct and secret vote, in accordance with the law. communal, by means of the election, designation or nomination of the authorities and representatives pursuant to the norms and procedures of the native indigenous nations and peoples, among others, in accordance with the law. article 12 the state organizes and structures its public power through legislative, executive, judicial and electoral bodies. the organization of the state is based on the independence, separation, coordination and cooperation among these bodies. control, defense of the society, and defense of the state are functions of the state. the functions of the public bodies may not be united in a single body nor may they be delegated. title ii. fundamental rights and guarantees chapter i. general matters article 13 the rights recognized in this constitution are inviolable, universal, inter-dependent, indivisible and progressive. the state has the duty to promote, protect and respect them. the rights declared in this constitution shall not be understood to deny other rights that are not enumerated. the classification of the rights established in this constitution does not determine any hierarchy or superiority of some rights over others. international treaties and conventions ratified by the pluri-national legislative assembly (asamblea legislativa), which recognize human rights and prohibit their limitation in states of emergency, prevail over internal law. the rights and duties consecrated in this constitution shall be interpreted in accordance with the international human rights treaties ratified by bolivia. article 14 every human being, without distinction, has legal status and capacity under the law and enjoys the rights recognized in this constitution. the state prohibits and punishes all forms of discrimination based on sex, color, age, sexual orientation, gender identity, origin, culture, nationality, citizenship, language, religious belief, ideology, political affiliation or philosophy, civil status, economic or social condition, type of occupation, level of education, disability, pregnancy, and any other discrimination that attempts to or results in the annulment of or harm to the equal recognition, enjoyment or exercise of the rights of all people. the state guarantees everyone and all collectives, without discrimination, the free and effective exercise of the rights established in this constitution, the laws and international human rights treaties. in the exercise of rights, no one shall be obligated to do anything that is not mandated by the constitution or laws, nor be deprived of that which they do not prohibit. bolivian laws are applied to every person, natural and legal, bolivian and foreign, within bolivian territory. foreigners who are in bolivian territory have the rights, and must fulfill the duties, established in the constitution, except for the restrictions that it may contain. chapter ii. fundamental rights article 15 every person has the right to life and physical, psychological and sexual integrity. no one shall be tortured, nor suffer cruel, inhuman, degrading or humiliating treatment. the death penalty does not exist. everyone, in particular women, have the right not to suffer physical, sexual or psychological violence, in the family as well as in the society. the state shall adopt the necessary measures to prevent, eliminate and punish sexual and generational violence, as well as any action or omission intended to be degrading to the human condition, to cause death, pain, and physical, sexual or psychological suffering, whether in public or private spheres. no person shall be submitted to a forced disappearance for any reason or under any circumstance. no person shall be submitted to servitude or slavery. the trade and trafficking of persons is prohibited. article 16 every person has the right to water and food. the state has the obligation to guarantee food security, by means of healthy, adequate and sufficient food for the entire population. article 17 every person has the right to receive an education at all levels, which is universal, productive, free, comprehensive and inter-cultural, and without discrimination. article 18 every person has the right to health. the state guarantees the inclusion and access to health for all persons, without any exclusion or discrimination. there shall be a single health system, which shall be universal, free, equitable, intra-cultural, intercultural, and participatory, with quality, kindness and social control. the system is based on the principles of solidarity, efficiency and co-responsibility, and it is developed by public policies at all levels of the government. article 19 every person has the right to an adequate habitat and home that dignifies family and community life. the state, at all levels of the government, is responsible for promoting the development of housing for social benefit, using adequate financing systems, based on principles of solidarity and equity. these plans shall be directed preferentially to families with scarce resources, to disadvantaged groups and to rural areas. article 20 every person has the right to universal and equitable access to basic services of potable water, sewer systems, electricity, gas services in their domicile, postal, and telecommunications services. it is the responsibility of the state, at all levels of government, to provide basic services through public, mixed, cooperative or community entities. in the case of electricity, gas and telecommunications services, these may be provided by contracts with private companies. the provision of services should respond to the criteria of universality, responsibility, accessibility, continuity, quality, efficiency, equitable fees and necessary coverage; with social participation and control. access to water and sewer systems are human rights, neither are the object of concession or privatization, and are subject to a regimen of licensing and registration, in accordance with the law. chapter iii. civil and political rights section i. civil rights article 21 bolivians have the following rights: to cultural self-identification. to privacy, intimacy, honor, their self image and dignity. to freedom of belief, spirituality, religion and cult, expressed individually or collectively, in public and in private, for legal purposes. to freedom of assembly and association, publicly and privately, for legal purposes. to freely express and disseminate thoughts and opinions by any means of oral, written or visual communication, individually or collectively. to have access to information and to interpret, analyze and communicate it freely, individually or collectively. to freedom of residence, permanence and circulation throughout the territory of bolivia, which includes the right to leave and enter the country. article 22 the dignity and freedom of persons is inviolable. it is the primary responsibility of the state to respect and protect them. article 23 every person has the right to freedom and personal security. personal liberty may only be restricted within the limits set forth by law to assure the discovery of the true facts concerning acts in jurisdictional processes. the imposition of measures depriving the liberty of adolescents shall be avoided. every adolescent who is deprived of liberty shall receive preferential treatment on the part of the judicial, administrative and police authorities. they shall assure at all times respect for the dignity of the adolescent and their anonymity. the detention shall be carried out in premises distinct from those assigned to adults, taking into account the needs of his or her age. no one shall be detained, apprehended or deprived of liberty, except in the cases and according to the forms established by the law. the execution of a warrant shall require that it be issued by a competent authority in writing. any person found in flagrant commission of a crime may be arrested by any other person, even without a warrant. the sole purpose of the arrest shall be to bring the person before a competent judicial authority, who must resolve their legal status within a maximum period of twenty-four hours. at the time that a person is deprived of liberty, he shall be informed of the reasons for his detention, as well as the charges or complaint formulated against him. those responsible for the detention centers must keep a registry of the persons deprived of liberty. they shall not receive any person without copying the corresponding warrant in the registry. failure to fulfill this duty shall give rise to the procedures and sanctions set forth in the law. article 24 every person has the right to petition, individually and collectively, whether orally or in writing, and to receive a formal and prompt response. to exercise this right, the only requirement is to identify the petitioner. article 25 every person has the right to the inviolability of his home and to the confidentiality of private communications of all forms, except as authorized by a court. correspondence, private papers and private statements contained in any medium are inviolable and may not be seized except in cases determined by law for criminal investigation, based on a written order issued by a competent judicial authority. no public authority, person or organization may intercept private conversations or communications by an installation that monitors or centralized them. the information and proof obtained by violation of correspondence and communications, in whatever form, has no legal effect. section ii. political rights article 26 all citizens have the right to participate freely in the formation, exercise and control of political power, directly or through their representatives, individually or collectively. participation shall be equitable and under equal conditions for men and women. the right to participate includes: organization for purposes of political participation, in accordance with the constitution and the law. the right to suffrage, by equal, universal, direct, individual, secret, free and obligatory vote, which is publicly counted. where communitarian democracy is practiced, the electoral processes shall be exercised according to their own norms and procedures, and shall supervised by the electoral organ (organo electoral) only if the electoral act is not subject to equal, universal, direct, secret, free and obligatory vote. the direct election, designation and nomination of the representatives of the nations and the rural native indigenous peoples, in accordance with their own norms and procedures. the monitoring of the acts of public function. article 27 bolivians who reside outside the country have the right to participate in the election of the president and vice president of the state, and in other elections as established by law. the right to vote is exercised by registration and recording carried out by the electoral organ (organo electoral). foreigners resident in bolivia have the right to vote in municipal elections, in accordance with the law, pursuant to the application of principles of international reciprocity. article 28 the exercise of political rights is suspended in the following instances after a sentence has been executed and while the sentence has not been completed: for having taken up arms and serving in the armed forces of the enemy in times of war. for embezzlement of public funds. for acts of treason against the country. article 29 the right of foreigners to request and receive asylum or political refuge for ideological or political persecution is recognized in accordance with the laws and international treaties. anyone who has been granted asylum or refuge in bolivia shall not be expelled or deported to a country where his life, bodily integrity, security or liberty is endangered. the state shall attend in a positive, humanitarian and efficient manner to requests for family reunification presented by parents or children who are given asylum or refuge. chapter iv. rights of the nations and rural native indigenous peoples article 30 a nation and rural native indigenous people consists of every human collective that shares a cultural identity, language, historic tradition, institutions, territory and world view, whose existence predates the spanish colonial invasion. in the framework of the unity of the state, and in accordance with this constitution, the nations and rural native indigenous peoples enjoy the following rights: to be free. to their cultural identity, religious belief, spiritualities, practices and customs, and their own world view. that the cultural identity of each member, if he or she so desires, be inscribed together with bolivian citizenship in his identity card, passport and other identification documents that have legal validity. to self-determination and territoriality. that its institutions be part of the general structure of the state. to the collective ownership of land and territories. to the protection of their sacred places. to create and administer their own systems, means and networks of communication. that their traditional teachings and knowledge, their traditional medicine, languages, rituals, symbols and dress be valued, respected and promoted. to live in a healthy environment, with appropriate management and exploitation of the ecosystems. to collective ownership of the intellectual property in their knowledge, sciences and learning, as well as to its evaluation, use, promotion and development. to an inter-cultural, intra-cultural and multi-language education in all educational systems. to universal and free health care that respects their world view and traditional practices. to the practice of their political, juridical and economic systems in accord with their world view. to be consulted by appropriate procedures, in particular through their institutions, each time legislative or administrative measures may be foreseen to affect them. in this framework, the right to prior obligatory consultation by the state with respect to the exploitation of nonrenewable natural resources in the territory they inhabit shall be respected and guaranteed, in good faith and upon agreement. to participate in the benefits of the exploitation of natural resources in their territory. to autonomous indigenous territorial management, and to the exclusive use and exploitation of renewable natural resources existing in their territory without prejudice to the legitimate rights acquired by third parties. to participate in the organs and institutions of the state. the state guarantees, respects and protects the rights of the nations and the rural native indigenous peoples consecrated in this constitution and the law. article 31 the nations and the rural native indigenous peoples that are in danger of extinction, in voluntary isolation and not in contact, shall be protected and respected with respect to their forms of individual and collective life. the nations and the rural native indigenous peoples that live in isolation and out of contact enjoy the right to maintain themselves in that condition, and to the legal definition and consolidation of the territory which they occupy and inhabit. article 32 the afro-bolivian people enjoy, in everything corresponding, the economic, social, political and cultural rights that are recognized in the constitution for the nations and the rural native indigenous peoples. chapter v. social and economic rights section i. environmental rights article 33 everyone has the right to a healthy, protected, and balanced environment. the exercise of this right must be granted to individuals and collectives of present and future generations, as well as to other living things, so they may develop in a normal and permanent way. article 34 any person, in his own right or on behalf of a collective, is authorized to take legal action in defense of environmental rights, without prejudice to the obligation of public institutions to act on their own in the face of attacks on the environment. section ii. right to health and social security article 35 the state, at all levels, shall protect the right to health and promote public policies designed to improve the quality of life, the collective well being, and free access of the population to health services. the health system is unitary and includes traditional medicine of the nations and the rural native indigenous peoples. article 36 the state shall guarantee access to universal health care. the state shall control the practice of public and private health services and shall regulate them by law. article 37 the state has the irrevocable obligation to guarantee and sustain the right to health care, which is a supreme function and primary financial responsibility. the promotion of health and the prevention of diseases shall be prioritized. article 38 public health goods and services are state property and may not be privatized or licensed to others. health services shall be provided in uninterrupted form. article 39 the state shall guarantee public health services, and it recognizes private health services; it shall regulate and oversee the quality through sustained medical audits that evaluate the work of personnel, the infrastructure and equipment, in accordance with the law. the law punishes negligent actions and omissions committed in the practice of medicine. article 40 the state shall guarantee the organized participation of the population in decision-making and in the management of the entire public health system. article 41 the state shall guarantee the access of the population to medicines. the state shall prioritize generic medicines through the promotion of their domestic production and, if need be, shall decide to import them. the right to access medicine shall not be restricted by intellectual property rights and commercial rights, and it contemplates quality standards and first generation medicines. article 42 it is the responsibility of the state to promote and guarantee the respect for, and the use, research and practice of traditional medicine, rescuing ancestral knowledge and practices created from the thinking and values of all the nations and the rural native indigenous peoples. the promotion of traditional medicine shall include the registry of natural medicines and of their curative properties, as well as the protection of their knowledge as intellectual, historic, cultural property and as patrimony of the nations and the rural native indigenous peoples. the law shall regulate the practice of traditional medicine and shall guarantee the quality of service. article 43 the law shall regulate the donations and transplants of cells, tissue or organs, based on principles of humanity, solidarity, opportunity, providing them free of charge, and efficiency. article 44 no one shall be submitted to surgical intervention, medical examination or laboratory test without his or her consent or that of legally authorized third persons, except when his or her life is in imminent danger. no one shall be submitted to scientific experiments without his or her consent. article 45 every bolivian has the right to social security. social security is provided under the principles of universality, comprehensiveness, equity, solidarity, unity of management, economy, opportunity, its inter-cultural character, and effectiveness. the social security system covers assistance for the following reasons: sickness, epidemics and catastrophic diseases; maternity or paternity; professional and work risks, and risks in farm labor; disability and special necessities; unemployment and loss of employment; being an orphan, crippled, widowed, of old age, and death; housing, family allowances and other social reasons. the state guarantees the right to retirement, which is universal, supportive and equitable. women have the right to a safe maternity, with an inter-cultural practice and vision; they shall enjoy the special assistance and protection of the state during pregnancy and birth and in the prenatal and postnatal periods. the public social security services shall not be privatized nor licensed to others. section iii. right to work and employment article 46 every person has the following rights: to dignified work, with industrial and occupational health and safety, without discrimination, and with a fair, equitable and satisfactory remuneration or salary that assures a dignified existence for the worker and his or her family. to a stable source of work under equitable and satisfactory conditions. the state shall protect the exercise of work in all its forms. all forms of forced work or other analogous exploitation that obligates a person to work without his or her consent and without fair remuneration is prohibited. article 47 every person has the right to dedicate him or herself to business, industry or any other legal economic activity under conditions which do not harm the collective well being. the workers in small urban or rural productive units, or who are self-employed, and guild members in general, shall enjoy special protection on the part of the state through a policy of equitable commercial exchange and fair prices for their products, as well as a preferential allowance of financial economic resources to promote their production. the state shall protect, promote and strengthen communitarian forms of production. article 48 the social and labor dispositions are of obligatory fulfillment. the labor norms shall be interpreted and applied based on the following principles: the protection of workers as the primary productive force of society; the primacy of the labor relation; work continuity and stability; non discrimination and the making of investments in favor of the worker. the recognized rights and benefits in favor of workers cannot be waived, and agreements that are contrary to, or that tend to deride their effects, are null and void. the salaries or earned pay, labor rights, social benefits and contributions to social security, which are not paid, have a privilege and priority over any other debt and may not be attached or made unenforceable. the state shall promote the incorporation of women into the workforce and shall guarantee them the same remuneration as men for work of equal value, both in the public and private arena. women shall not be discriminated against or fired because of their civil status, because of pregnancy, because of their age or physical features, or because of the number of children they have. it is guaranteed that pregnant women and parents cannot be dismissed from employment until the child completes one year of age. the state guarantees the incorporation of youth into the productive system, in accordance with their capacity and training. article 49 the right of collective bargaining is recognized. the following shall be regulated by law: labor relations related to contracts and collective agreements; general sector minimum wages and salary increases; reincorporation; paid vacations and holidays; calculation of seniority, the work day, extra hours, night time overtime, sunday work; christmas bonuses, vouchers, bonuses and other systems of participation in the profits of the enterprise; indemnification and severance pay; maternity leave; professional training and formation; and other social rights. the state shall protect the stability of employment. unjustified dismissal and all forms of labor harassment are prohibited. the law shall determine the corresponding sanctions. article 50 the state, through the courts and specialized administrative bodies, shall resolve all conflicts arising from labor relations between employer and employee, including those of industrial safety and social security. article 51 all workers have the right to organize unions pursuant to the law. the state shall respect the union principles of unity, union democracy, political pluralism, self financing, solidarity and internationalism. unionization is recognized as a form of defense, representation, support, education and culture of workers in the countryside and in the city. the state shall respect the ideological and organizational independence of the unions. the unions shall have legal personality derived from the sole fact of being organized, and they shall be recognized by their parent entities. the tangible and intangible property of union organizations is inviolable; it may not be attached or delegated. the union leaders enjoy union privileges; they may not be fired for one year after the end of their office term, and their social rights may not be diminished; nor may they be subjected to persecution or deprivation of liberty for acts undertaken in fulfillment of their union work. workers who are self employed have the right to organize to defend their interests. article 52 the right of free business association is recognized and guaranteed. the state shall guarantee recognition of the legal personality of business associations, as well as democratic forms of business organizations, according to their own statutes. the state recognizes the training institutions of business organizations. the tangible and intangible property of business organizations is inviolable and may not be attached. article 53 the right to strike is guaranteed as the exercise of the legal power of workers to suspend work to defend their rights, in accordance with the law. article 54 it is the obligation of the state to establish employment policies that avoid unemployment and underemployment and that have as their objective the creation, maintenance and generation of conditions that guarantee workers the possibility of dignified work and fair remuneration. it is the duty of the state and society to protect and defend industrial equipment and that of state services. the workers, in defense of their source of work and to safeguard the social interest, shall, in accordance with the law, reactivate and reorganize enterprises that are in the process of bankruptcy, insolvency or liquidation, or closed or abandoned unjustifiably, and they shall form communitarian or social enterprises. the state shall support the actions of the workers. article 55 the cooperative system is based on principles of solidarity, equality, reciprocity, equity of distribution, social purpose, and the non profit motive of its members. the state shall promote and regulate the organization of cooperatives by means of the law. section iv. right to property article 56 everyone has the right to private, individual or collective property, provided that it serves a social function. private property is guaranteed provided that the use made of it is not harmful to the collective interests. the right to inheritance is guaranteed. article 57 expropriation shall be imposed for reasons of necessity or public utility, defined in accordance with the law and upon prior fair indemnification. urban real estate is not subject to reversion. section v. rights of children, adolescents and youth article 58 every person of minor age is considered a child or adolescent. children and adolescents have rights recognized in the constitution, with the limits established by it, and they have the specific rights inherent to their development; to their ethnic, socio-cultural, gender and generational identity; and to the satisfaction of their needs, interests and aspirations. article 59 every child and adolescent has the right to physical development. every child and adolescent has the right to live and to grow up in the bosom of his or her natural or adoptive family. when that is not possible, or is contrary to his or her best interests, he or she shall have the right to a substitute family in accordance with the law. every child and adolescent, without regard to origin, has equal rights and duties with respect to his or her parents. discrimination among offspring on the part of parents shall be punished by law. every child and adolescent has the right to identity and filial relationship with respect to his or her parents. when the parents are not known, the conventional surname chosen by the person responsible for his or her care will be used. the state and society guarantee the protection, promotion and active participation of youth in productive, political, social, economic and cultural development, without any discrimination whatsoever, in accordance with the law. article 60 it is the duty of the state, society and the family to guarantee the priority of the best interests of the child or adolescent, which includes the preeminence of his or her rights, the priority of receiving protection and aid in any circumstance, priority in the attention of public and private services, and access to prompt and appropriate administration of justice, and the assistance of specialized personnel. article 61 any form of violent punishment against children or adolescents is prohibited, both in the family as well as in society. forced work and child labor is prohibited. the activities of children and adolescents within their families and society shall be directed to their full development as citizens, and they shall have a formative function. their rights, guarantees, and the institutional mechanisms for their protection shall be the object of special regulation. section vi. rights of the family article 62 the state recognizes and protects the family as the fundamental nucleus of society, and guarantees the social and economic conditions necessary for its full development. every member has equal rights, obligations and opportunities. article 63 the marriage between a man and a woman is formed by legal bond and is based on equality of the rights and duties of the spouses. the free unions or de facto unions, which meet the conditions of stability and singularity and that are maintained between a man and a women without legal impediment, shall have the same effects as a civil marriage, both in the personal and property relations of the couple as well as with respect to adopted children or to children born to the couple. article 64 spouses or cohabitants have the duty, in equal conditions and by common effort, to attend to the maintenance and responsibility of the home, and to the education and development of the children while they are minors or have some disability. the state shall protect and assist those who are responsible for the family in the exercise of their obligations. article 65 because of the best interests of children and adolescents and their right to the identity, presumed parentage shall be validated by indication of the mother or father. this presumption shall be valid in the absence of proof of the contrary, with the burden of proof on the person who denies parentage. in case that the proof negates the presumption, the costs incurred shall correspond to the one who indicated parentage. article 66 women and men are guaranteed the exercise of sexual rights and their reproductive rights. section vii. rights of the elderly adults article 67 in addition to the rights recognized in this constitution, every person of adult age has the right to a dignified old age that has quality and human warmth. the state shall provide an old age pension within the framework of full social security, in accordance with the law. article 68 the state shall adopt public policies for the protection, attention, recreation, rest and social occupation of elderly adults, in accordance with their capacities and possibilities. all forms of mistreatment, abandonment, violence and discrimination against elderly persons is prohibited and punished. article 69 the war veterans deserve the gratitude and respect of the public and private institutions and of the population in general; they shall be considered heroes and defenders of bolivia and shall receive a life pension from the state as established by the law. section viii. rights of disabled persons article 70 everyone who has a disability enjoys the following rights: to be protected by his or her family and by the state. to a free education and physical health. to an alternative language of communication. to work in appropriate conditions, consistent with his or her possibilities and capacities, with fair remuneration that assures a dignified life. to the development of his or her individual potential. article 71 any kind of discrimination, mistreatment, violence and exploitation of anyone who is disabled shall be prohibited and punished. the state shall adopt measures of affirmative action to promote the effective integration of disabled persons into the productive, economic, political, social, and cultural sphere, without any discrimination whatsoever. the state shall create the conditions that permit the development of individual potential of disabled persons. article 72 the state shall guarantee disabled persons comprehensive prevention and rehabilitation services, as well as other benefits that are established by law. section ix. rights of persons deprived of liberty article 73 every person who is submitted to any form of deprivation of liberty shall be treated with the respect due to human dignity. every person deprived of liberty has the right to communicate freely with his or her defense lawyer, interpreter, family and close friends. deprivation of communication is prohibited. any limitation of communication may only take place in the context of investigation of the commission of crimes, and shall last a maximum of twenty four hours. article 74 it is the responsibility of the state to reinsert into society the persons deprived of liberty, to assure respect for their rights and their retention and custody in an adequate environment, according to the classification, nature and seriousness of the crime, as well as the age and sex of the persons detained. persons deprived of liberty shall have the opportunity to work and to study in penitentiary centers. section x. rights of users of services and consumers article 75 the users and consumers enjoy the following rights: to the supply of food, pharmaceuticals, and products in general, in harmless and quality condition, in sufficient and adequate quantity, and with efficient service and timely supply. to reliable information about the characteristics and contents of the products they consume and of the services they use. article 76 the state guarantees access to a comprehensive system of public transportation in diverse modalities. the law shall determine that the system of transportation be efficient and effective, and that it generates benefits to the users and to the providers. no customs controls, squads or control points of any kind may exist in bolivian territory, except those that have been created by law. chapter vi. education, cultural diversity and cultural rights section i. education article 77 education is one of the most important functions and primary financial responsibilities of the state, which has the mandatory obligation to sustain, guarantee and coordinate it. the state and society have complete control of the educational system, which consists of regular education, alternative and special education, and higher education for professional training. the educational system develops its processes on the basis of the criteria of harmony and coordination. the educational system is composed of public educational institutions, private educational institutions and those which are contracted. article 78 education is unitary, public, universal, democratic, participatory, communitarian, decolonizing and of quality. education is intra-cultural, inter-cultural and multi-lingual throughout the entire educational system. the educational system is based on education that is open, humanistic, scientific, technical and technological, productive, territorial, theoretical and practical, liberating and revolutionary, critical and supportive. the state guarantees vocational education and humanist technical learning for men and women, which is related to life, work and productive development. article 79 education shall promote civic-mindedness, intercultural dialogue and ethical moral values. the values shall incorporate gender equality, non differentiation of roles, non-violence, and the full enforcement of human rights. article 80 education shall have as its objectives the full development of persons and the strengthening of social conscience that is critical in and for life. education shall be directed toward the following: individual and collective development; the development of the competencies, attitudes, and physical and intellectual skills that link theory to productive practice; the conservation and protection of the environment, biodiversity and the land to assure well being. its regulation and fulfillment shall be established by law. education shall contribute to strengthening the unity and identity of everyone as part of the pluri-national state (estado plurinacional), as well as strengthening the identity and cultural development of the members of each nation and rural native indigenous people, and the intercultural understanding and enrichment within the state. article 81 education is obligatory up to the secondary school diploma. public education is free at all levels including higher education. upon completion of studies at the secondary level, a bachelor diploma shall be awarded immediately and without charge. article 82 the state shall guarantee access to education and continuing education to all citizens under conditions of full equality. the state shall give priority support to the students with less economic possibilities so that they can achieve different levels in the educational system, by providing economic resources, meal programs, clothing, transportation, school materials, and student residences in the distant areas, according to the law. students of excellent achievement shall be rewarded at all levels of the educational system. every child and adolescent with natural, outstanding talent has the right to be attended to educationally with the teaching methodology and learning that makes possible the best development of his or her aptitudes and skills. article 83 social participation, community participation, and the participation of the parents in the educational system are recognized and guaranteed by means of representative organizations at all levels of the state and in the nations and the rural native indigenous peoples. their composition and attributes shall be established by the law. article 84 the state and society have the duty to eradicate illiteracy through programs compatible with the cultural and linguistic reality of the population. article 85 the state shall promote and guarantee the continuing education of children and adolescents with disabilities, or of those with extraordinary talents in learning, under the same structure, principles and values of the educational system, and shall establish a special organization and development curriculum. article 86 freedom of thought, faith and religious education, as well as the spirituality of the nations and the rural native indigenous peoples, shall be recognized and guaranteed in the educational centers. mutual respect and coexistence among persons of diverse religions shall be promoted, without dogmatic imposition. there shall be no discrimination on the basis of religious choice with respect to the acceptance and permanence of students in these centers. article 87 the operation of contracted educational units for purposes of social service, which offer free access and are non-profit, shall be recognized and respected. they shall operate under the supervision of public authorities, respecting the right of the administration of religious entities over said educational units, without prejudice to that established in national dispositions, and they shall be governed by the same norms, policies, plans and programs of the educational system. article 88 private educational units are recognized and respected at all levels and in all modalities; they shall be governed by the policies, plans, programs and authorities of the educational system. the state guarantees their operation pursuant to prior verification of the conditions and compliance with the requisites established by law. the right of mothers and fathers to choose the education they prefer for their sons and daughters is respected. article 89 the follow up, measurement, evaluation and accreditation of the quality of education in the entire educational system, shall be entrusted to a technically specialized public institution, which is independent of the ministry of the branch. its composition and operation shall be determined by the law. article 90 the state shall recognize the validity of institutes of humanistic, technical and technological training, at middle and higher levels, upon prior fulfillment of the conditions and requisites established in the law. the state shall promote technical, technological, productive, artistic and linguistic training through technical institutes. the state, through the educational system, shall promote the creation and organization of distance educational programs and popular education programs for those who have not attended school, with the objective of elevating the cultural level and developing the pluri-national consciousness of the people. section ii. higher education article 91 higher education develops processes of professional training for the generation and dissemination of knowledge aimed at the full development of society, for which purpose the universal and collective knowledge of the nations and rural native indigenous peoples shall be taken into account. higher education is intra-cultural, intercultural and multi-lingual, and it has as its mission the comprehensive formation of highly qualified and professionally competent human resources for the following objectives: to develop processes for scientific research to solve problems of the productive base and of social conditions; to promote policies of extension and social interaction to strengthen scientific, cultural and linguistic diversity; to participate together with the people in all the processes of social liberation in order to construct a society with greater equity and social justice. higher education is composed of the public and private universities, the colleges for teacher training, and the technical, technological and artistic institutes. article 92 public universities are autonomous and equal in hierarchy. the autonomy consists of the free administration of their resources; the naming of their officials, and teaching and administrative personnel; the elaboration and approval of their statues, study plans and annual budgets; the receipt of bequests and donations, as well as the signing of contracts to carry out their purposes and to sustain and improve their institutes and faculties. the public universities may negotiate loans with the guarantee of their assets and resources, upon prior legislative approval. in exercise of their autonomy, the public universities shall form the bolivian university, which shall coordinate and program their goals and functions by means of a central body, pursuant to a university development plan. the public universities shall be authorized to give academic diplomas and professional titles with validity throughout the entire state. article 93 the state shall be obligated to sufficiently subsidize the public universities, independently of the departmental, municipal and their own resources, which have been or are to be created. the public universities, within the framework of their statutes, shall establish mechanisms for social participation that are consultative, coordinating and advisory in character. the public universities shall establish mechanisms for making reports and provide transparency of the use of their resources through the presentation of financial statements to the pluri-national legislative assembly (asamblea legislativa), the controller general (contraloria general) and the executive organ (organo ejecutivo). the public universities, within the framework of their statutes, shall establish decentralized academic and inter-cultural programs pursuant to the necessities of the state and the nations and rural native indigenous peoples. the state, in coordination with the public universities, shall promote the creation and operation of universities and multicultural communitarian institutes in rural areas, assuring social participation. the opening and operation of these universities shall address the needs of strengthening production in the region, based on its potential. article 94 the private universities shall be governed by the policies, plans, programs and authorities of the educational system. their operation is authorized by supreme decree, upon prior verification of compliance with the conditions and requisites established by law. the private universities shall be authorized to issue academic diplomas. professional titles, which are valid throughout the country, shall be granted by the state. for the granting of academic diplomas in all modalities of titles in the private universities, examination tribunals shall be formed which shall be composed of titled professors, named by the public universities, under the conditions established by the law. the state shall not subsidize private universities. article 95 the universities must create and maintain inter-cultural centers for technical and cultural education and training, which is freely accessible to the public and consistent with the principles and purposes of the educational system. the universities must implement programs for the recovery, preservation, development, learning and dissemination of the different languages of the nations and rural native indigenous peoples. the universities shall promote centers for the creation of productive units, in coordination with community, public and private productive initiatives. article 96 the formation and training of teachers for public schools, by means upper level training schools, is the responsibility of the state. the training of teachers shall be exclusive, public, free of charge, intra-cultural, inter-cultural, multi-language, scientific and productive, and it shall be based on social commitment and a vocation for service. school teachers must participate in the process of continual updating and pedagogical training. the teaching career is secure, and teaching personnel may not be removed, in conformity with the law. teachers shall receive a dignified salary. article 97 post graduate training at all levels shall have as its fundamental mission the qualification of professionals in different areas, through processes of scientific research and the generation of knowledge linked to reality in order to contribute to the comprehensive development of society. post-graduate training shall be coordinated by a body formed by the universities of the educational system, in accordance with the law. section iii. cultures article 98 cultural diversity constitutes the essential basis of the pluri-national communitarian state (estado unitario social de derecho plurinacional comunitario). the inter-cultural character is the means for cohesion and for harmonic and balanced existence among all the peoples and nations. the intercultural character shall exist with respect for differences and in conditions of equality. the state takes strength from the existence of rural native indigenous cultures, which are custodians of knowledge, wisdom, values, spiritualities and world views. it shall be a fundamental responsibility of the state to preserve, develop, protect and disseminate the existing cultures of the country. article 99 the cultural patrimony of the bolivian people is inalienable, and it may not be attached or limited. the economic resources that they generate are regulated by law to give priority to their conservation, preservation and promotion. the state shall guarantee the registry, protection, restoration, recovery, revitalization, enrichment, promotion and dissemination of its cultural patrimony, in accordance with the law. the natural, architectural, paleontological, historic, and documentary riches, and those derived from religious cults and folklore, are cultural patrimony of the bolivian people, in accordance with the law. article 100 the world views, myths, oral history, dances, cultural practices, knowledge and traditional technologies are patrimony of the nations and rural native indigenous peoples. this patrimony forms part of the expression and identity of the state. the state shall protect this wisdom and knowledge through the registration of the intellectual property that safeguards the intangible rights of the nations and rural native indigenous peoples and of the intercultural and afro-bolivian communities. article 101 the intangible aspects of the manifestations of art and popular industries shall enjoy the special protection of the state. likewise, the tangible and intangible aspects of places and activities, which are declared cultural patrimony of humanity, shall be protected. article 102 the state shall register and protect individual and collective intellectual property in the works and discoveries of authors, artists, composers, inventors and scientists, under the conditions determined by law. section iv. science, technology and research article 103 the state shall guarantee the development of science and scientific, technical and technological research for the benefit of the general interest. the necessary resources shall be provided, and state science and technology systems shall be created. the state shall adopt a policy of implementing strategies to incorporate the knowledge and application of new information and communication technologies. in order to strengthen the productive base and to stimulate full development of society, the state, the universities, the productive and service enterprises, both public and private, and the nations and rural native indigenous peoples, shall develop and coordinate processes of research, innovation, promotion, and dissemination, and the application and transfer of science and technology, in accordance with the law. section v. sports and recreation article 104 everyone has the right to sports, physical culture and recreation. the state guarantees access to sports without distinction as to gender, language, religion, political orientation, territorial location, social, cultural membership or any other characteristic. article 105 the state shall promote, by educational, recreation and public health policies, the development of physical culture and the practice of sports in their preventive, recreational, training and competitive levels, with special attention given to persons with disabilities. the state shall guarantee the methods and necessary economic resources to make them effective. chapter vii. social communication article 106 the state guarantees the right to communication and the right to information. the state guarantees the right of bolivians to freedom of expression, opinion and information, to rectification and reply, and the right to freely publish ideas by whatever means of dissemination, without prior censorship. the state guarantees freedom of expression and the right to communication and information to workers of the press. the conscience clause of the information workers is recognized. article 107 the public means of communication must contribute to the promotion of the ethical, moral and civic-minded values of the different cultures of the country with the production and dissemination of multi-lingual educational programs and in an alternative language for the disabled. information and opinions issued by the public means of communication must respect the principles of truth and responsibility. these principles shall be put into practice through the rules of ethics and self-regulation of the organizations of journalists and of the means of communication and their law. the public means of communication shall not form, either directly or indirectly, monopolies or oligopolies. the state shall support the creation of communitarian means of communication with equal conditions and opportunities. title iii. duties article 108 the duties of bolivians are: to know, comply with, and ensure the enforcement of the constitution and the laws. to know, respect, and promote the rights recognized in the constitution. to promote and spread the practice of the values and principles proclaimed by the constitution. to defend, promote, and contribute to the right to peace, and to encourage a culture of peace. to work, according to one's physical and intellectual capacity, in legal and socially useful activities. to educate oneself in the educational system up to the diploma of bachelor. to pay taxes in proportion to one's economic capacity, according to the law. to denounce and combat every act of corruption. to care for, feed, and education their children. to care for, protect, and help their ancestors. to provide aid, with all the help necessary, in cases of natural disaster and other contingencies. to serve in the military, which is obligatory for boys. to defend the unity, sovereignty and territorial integrity of bolivia, and to respect its symbols and values. to safeguard, defend and protect the natural, economic and cultural patrimony of bolivia. to protect and defend the natural resources, and to contribute to their sustainable use in order to preserve the rights of future generations. to protect and defend an environment suitable for the development of living beings. title iv. jurisdictional guarantees and actions of defense chapter i. jurisdictional guarantees article 109 all the rights recognized in the constitution are directly applicable and enjoy equal guarantees of their protection. the rights and guarantees may be regulated only by the law. article 110 persons who violate constitutional rights are subject to the jurisdiction and competence of the bolivian authorities. the intellectual and material perpetrators of violations of constitutional rights are to be held responsible. the immediate perpetrators of attacks against personal security are to be held liable, and are not excused from liability for having committed them under orders of superiors. article 111 the crimes of genocide, offenses against humanity, treason, and war crimes are not extinguishable. article 112 the crimes committed by public servants that are perpetrated against the patrimony of the state and cause serious economic harm, are not extinguishable, and no immunities are to be applied. article 113 victims of violations of their rights are granted the right to timely indemnification, reparation and compensation for damages and prejudices. in the event that a sentence requires the state to repair damages and prejudices, it shall interpose the same action against the authority or public servant responsible for the act or omission that caused the damage. article 114 all forms of torture, disappearances, confinement, coercion, exaction and any other form of physical and moral violence are prohibited. the public servants or officials, who apply, instigate or consent to them shall be dismissed and replaced, without prejudice to the sanctions determined by law. the statements, actions or omissions which are obtained or undertaken through the employment of torture, coercion, exaction, or by any other form of violence, are null to the full extent of the law. article 115 everyone shall be protected in the exercise of his or her rights and legitimate interests in a timely and effective manner by the judges and courts. the state guarantees the right to due process and defense, and to plural, prompt, appropriate, free, and transparent justice without delays. article 116 the presumption of innocence is guaranteed. during the process, in the event of a doubt concerning the applicable norm, the one most favorable to the accused or the defendant shall govern. every sanction must be based on a law existing prior to the commission of the punishable act. article 117 no one may be condemned without having been previously heard and tried pursuant to due process. no one shall be subject to a criminal sanction that has not been imposed by a competent judicial authority as a final judgment. no one shall be tried or sentenced more than once for the same act. the rights that are restricted shall be immediately restored upon fulfillment of the sentence. no sanction of deprivation of liberty may be imposed for debts or property obligations, except in the cases established by law. article 118 dishonor, civil death and confinement are prohibited. the maximum criminal sentence shall be thirty years of deprivation of liberty without the right to pardon. the fulfillment of sentences of deprivation of liberty and the security measures imposed are directed toward the education, rehabilitation and reinsertion in society of the condemned persons, with respect for their rights. article 119 during the legal process, the parties in conflict enjoy equal opportunities to exercise the faculties and rights that may help them, whether in an ordinary process or by rural native indigenous process. everyone has the inviolable right to a defense. the state shall provide a defense lawyer free of charge to persons accused or denounced in the event that they do not have the necessary economic resources. article 120 every person has the right to be heard by a competent, impartial and independent jurisdictional authority, and may not be tried by special commissions or submitted to other jurisdictional authorities other than those established prior to the time the facts of the case arose. every person submitted to legal process has the right to be tried in his or her language; in case of exception, the person must be assisted by a translator or interpreter. article 121 in criminal matters, no person can be forced to make a statement against him or herself, or against his or her blood relatives to the fourth degree or against non-blood relatives up to the second degree. the right to remain silent shall not be considered an indication of guilt. the victim in a criminal process shall be able to intervene in accordance with the law, and shall have the right to be heard before each judicial decision. in the event that he or she does not have the necessary economic resources, he or she will be assisted free of charge by a lawyer appointed by the state. article 122 the acts of persons who usurp functions, which are not their responsibility, as well as the acts of those who exercise jurisdiction or power that does not emanate from the law, are null and void. article 123 the law stipulates only with respect to future acts and shall have no retroactive effect, except in the following cases: in labor matters when it expressly makes determinations in favor of workers; in criminal matters, when it benefits the accused; in corruption matters in order to investigate, process and sanction crimes committed by public servants against the interests of the state; and in the rest of the cases set forth by the constitution. article 124 the bolivian who engages in the following acts commits the crime of treason against the country: takes up arms against his or her country, puts him or herself at the service of participating foreign states, or enters into complicity with the enemy in the case of an international war against bolivia. violates the constitutional regime of natural resources. attacks the unity of the country. this crime shall deserve the maximum criminal sanction. chapter ii. actions of defense section i. action for liberty article 125 anyone who believes his or her life is in danger, that he or she is being illegally persecuted, unjustly tried or deprived of personal liberty, shall file a claim of action for liberty (accion de libertad) and present him or herself, either in writing or orally, on his or her own behalf or by anyone in his or her name, and without any formal procedure, before any judge or competent court in criminal matters, and shall request that his or her life be protected, that the unjustified persecution be halted, that the legal formalities be reestablished, or that his or her right to liberty be restored. article 126 the judicial authority shall immediately set the day and hour of the public hearing, which shall take place within twenty four hours of the filing of the claim, and shall stipulate that the claimant be brought into its presence, or it shall go to the place of detention. with said order, it shall execute the citation, in person or by service of process, to the authority or person accused, which order shall be obeyed, without excuse, both by the authority or person accused as well as by those in charge of the jails or places of detention, without their having the possibility, once served, of disobeying. in no event may the hearing be suspended. in the absence of the defendant for failure to attend or abandonment, the process will continue in default. with knowledge of the background and having heard the allegations, the judicial authority shall be obligated and have the responsibility to dictate the sentence at the same hearing. the sentence shall order the safeguarding of the claimant's life, the restitution of the right to liberty, the correction of the legal defects, the cessation of the illegal persecution, or the remanding of the case to a competent judge. in every case, the parties shall be notified of the reading of the sentence. the judicial decision shall be executed immediately. without prejudice to it, the decision shall be taken on appeal, sua sponte, to the pluri-national constitutional court (tribunal constitucional plurinacional), within the term of twenty four hours after its issuance. article 127 public servants and individuals who resist compliance with the judicial decisions in the cases foreseen for this action shall be remanded by order of the authority that heard the case to the public ministry for criminal process for threatening constitutional guarantees. the judicial authority that does not proceed pursuant to that stipulated by this article shall be subject to sanction, in accordance with the constitution and the law. section ii. action of constitutional protection article 128 the action for constitutional protection (accion de amparo constitucional) shall take place against the illegal or unjustified acts or omissions of public servants or of individuals or collectives, who restrict, suppress or threaten to restrict or suppress rights recognized by the constitution and the law. article 129 the action for constitutional protection shall be presented by the person who believes him or herself affected, by another with sufficient power to act in his or her name, or by the corresponding authority pursuant to the constitution, to any judge or competent court, provided that there is no other existing means or legal recourse for the immediate protection of the rights and guarantees that have been restricted, suppressed or threatened. the action for constitutional protection shall be filed within the maximum term of six months, computed from the commission of the alleged violation or the notification of last administrative or judicial decision. the defendant authority or person shall be summoned in the manner set forth by the action for liberty, in order for the defendant to provide information or make a presentation in his case of the facts concerning the act complained of, in the maximum term of forty eight hours from the presentation of the action. the final resolution shall be announced in a public hearing immediately after receiving the information from the defendant authority or person and, in the absence of that information, it will be made on the basis of the proof offered by the plaintiff. the judicial authority shall examine the competence of the public servant or of the defendant and, in the event it finds the complaint to be certain and true, shall grant the protection requested. the decision that is pronounced shall be taken, sua sponte, for review before the pluri-national constitutional court (tribunal constitucional plurinacional) in the term of twenty four hours following the issuance of the decision. the final decision that grants the action for constitutional protection shall be immediately executed and without comment. in the event of resistance, the case shall proceed pursuant to that set forth in the action for liberty. the judicial authority that does not proceed pursuant to that set forth in this article shall be subject to the sanctions set forth in the law. section iii. action for protection of privacy article 130 every individual, or collective, that believes he or she to be unjustly or illegally impeded from knowing, objecting to, or achieving the elimination or correction of information registered by any physical electronic, magnetic or computerized form, in public or private files or data banks, or that might affect his or her fundamental right to intimacy and personal or family privacy, or his or her own image, honor and reputation, shall file a complaint of action for protection of privacy. the action for protection of privacy (accion de protección de privacidad) shall not proceed to uncover confidential material of the press. article 131 the action for protection of privacy shall take place pursuant to the procedure set forth for the action of constitutional protection. if the competent court or judge admits the action, it shall order the revelation, elimination or correction of the data, the registration of which was challenged. the decision shall be taken on appeal, sua sponte, to the pluri-national constitutional court within the term of twenty four hours following the issuance of the decision, without suspension of its execution. the final decision granted in the action for protection of privacy shall be immediately executed and without comment. in the event of resistance, the procedure shall be pursuant to that set forth in the action for liberty. the judicial authority that does not proceed pursuant to that set forth in this article shall be subject to the sanctions set forth in the law. section iv. action for unconstitutionality article 132 every person or collective affected by a juridical norm contrary to the constitution shall have the right to present an action for unconstitutionality (accion de inconstitucionalidad), pursuant to the procedures established by law. article 133 the decision that declares a law, decree, or any other kind of nonjudicial resolution unconstitutional makes the challenged norm inapplicable and has full effect with respect to everyone. section v. action for compliance article 134 the action for compliance (accion de cumplimiento) shall apply to the case of non compliance with provisions of the constitutional or the law on the part of public servants, and has as its objective the guaranteeing of the execution of the norm. the action shall be filed by the affected individual or collective, or by another with sufficient power in name of the affected party, before a competent judge or court, and shall be processed in the same manner as the action for constitutional protection. the final resolution shall be pronounced at a public hearing immediately after receiving the information from the defendant authority and, in the absence of that information, it shall be made on the basis of the proof offered by the plaintiff. the judicial authority shall examine the background and, if it finds the complaint to be true and certain, it shall admit the action and order immediate compliance with the omitted duty. the decision shall be taken up on appeal, sua sponte, to the pluri-national constitutional court within the term of twenty four hours following the issuance of the decision, without suspension of its execution. the final decision granted in the action for compliance shall be immediately executed without comment. in the event of resistance, the procedure shall be pursuant to that set forth in the action for liberty. the judicial authority that does not proceed pursuant to that set forth in this article shall be subject to the sanctions set forth in the law. section vi. popular action article 135 the popular action (la accion popular) shall proceed against any act or omission by the authorities or individuals or collectives that violates or threatens to violate rights and collective interests related to public patrimony, space, security and health, the environment and other rights of a similar nature that are recognized by this constitution. article 136 the popular action shall be filed during the period in which the violation or threat to the rights and collective interests continues. to file this action it is not necessary to exhaust the judicial or administrative processes that might exist. any person, in his or her individual name or on behalf of a collective, may file this action, and it shall be filed obligatorily by the public ministry and the public defender (ministerio público y el defensor del pueblo) when, in the exercise of their functions, they have knowledge of these acts. the procedure for the action for constitutional protection shall be applied. chapter iii. states of emergency article 137 in the case of danger to the security of the state, external threat, internal disturbance or national disaster, the president of the state shall have the power to declare a state of emergency, wherever necessary in all or part of the territory. the declaration of the state of emergency shall not, in any case, suspend the guarantees of rights, nor the fundamental rights, the right of due process, the right to information and the rights of persons deprived of liberty. article 138 the validity of the declaration of the state of emergency shall depend on the subsequent approval of the pluri-national legislative assembly, which shall take place as soon as circumstances permit, and in all cases, within seventy two hours following the declaration of the state of emergency. the approval of the declaration shall indicate the powers conferred, and it shall maintain strict relation and proportion to the case of necessity addressed by the state of emergency. in general, the rights consecrated in the constitution shall not be suspended by the declaration of the state of emergency. once the state of emergency ends, no other state of emergency may be declared within one year following, except upon prior legislative authorization. article 139 the executive shall report to the pluri-national legislative assembly concerning the reasons for the declaration of the state of emergency, as well as the use that has been made of the powers conferred by the constitution and the law. those persons who violate the rights established in this constitution shall be subject to criminal process for violation of rights. the states of emergency shall be regulated by law. article 140 neither the pluri-national legislative assembly, nor any other body or institution, nor association or popular group of any kind, shall grant to a body or person any extraordinary authorities different than those established in this constitution. public power may not be accumulated, nor may any body or person be granted supremacy over the rights and guarantees recognized in this constitution. the reform of the constitution may not be initiated while there is a state of emergency in force. title v. nationality and citizenship chapter i. nationality article 141 bolivian nationality is acquired by birth or by naturalization. persons who are born in the territory of bolivia are bolivians by birth, with the exception of children of foreign personnel on diplomatic mission; persons born abroad of a bolivian mother or father are bolivians by birth. article 142 foreigners may acquire bolivian nationality by naturalization if they are legally in the country for more than three years of uninterrupted residence under the supervision of the state, and they expressly manifest their desire to obtain bolivian nationality and comply with the requisites established by law. the time of residence shall be reduced to two years in the case of foreigners who are in one of the following situations: they have a bolivian spouse, a bolivian child or children, or bolivian adoptive parents. foreign citizens who acquire citizenship by marriage with bolivian citizens do not lose it in the case of widowhood or divorce. they serve in the bolivian military at the required age and pursuant to the law. they obtain bolivian nationality granted by the pluri-national legislative assembly for their service to the country. the time of residence for obtaining bolivian nationality may be modified when there are reciprocal conventions with other states, first and foremost those of latin america. article 143 bolivians who marry foreign citizens shall not lose their nationality of origin. nor shall bolivian nationality be lost by acquiring foreign citizenship. foreigners who acquire bolivian nationality shall not be obligated to renounce their nationality of origin. chapter ii. citizenship article 144 all bolivians are citizens and exercise their citizenship rights from the age of 18, whatever may be their level of education, occupation or income. citizenship rights consist of: taking part as an elector or being eligible to be part of and exercise functions in the bodies of popular power, and the right to exercise public functions without any requisites, except those established by law. the rights of citizens are suspended for reasons and in the manner set forth in article 28 of this constitution. part ii. functional structure and organization of the state title i. legislative organ chapter i. composition and attributes of the pluri-national legislative assembly article 145 the pluri-national legislative assembly is composed of two chambers, the chamber of deputies (camara de diputados) and the chamber of senators (camara de senadores), and it is the only body with authority to approve and sanction laws that govern the entire bolivian territory. article 146 the chamber of deputies shall have 130 members. in each department, half of the deputies (diputados) shall be elected by direct voting electoral districts. the other half shall be elected by proportional voting electoral districts, from lists headed by candidates for president, vice president and the senators of the republic. deputies are elected by universal, direct and secret vote. in the single districts, they are elected by simply majority of the voters; in the multiple districts, by a system of representation established by law. the number of deputies must reflect the proportional vote obtained by each party, citizen group or indigenous people. the total distribution of seats among the departments shall be determined by the electoral organ (organo electoral) on the basis of the number of inhabitants in each one of them, pursuant to the latest national census, according to law. for equity, the law shall assign a minimum number of seats to the departments that have the least population and least economic development. if the distribution of seats for any department is an uneven number, preference will be given to the single districts for the assignment of the seats. the single districts must have geographical continuity, affinity and territorial continuity; they may not extend beyond the borders of each department and must be based on criteria of population and territorial extension. the electoral organ shall define the single districts. the special rural native indigenous districts shall be governed by the principle of density of population in each department. they shall not cross department borders. they shall be established only in a rural area in those departments in which those nations and native indigenous rural peoples constitute a minority population. the electoral organ shall define the special districts. these districts form part of the total number of deputies. article 147 the equal participation of men and women shall be guaranteed in the election of the members of the assembly. proportional participation of the nations and rural native indigenous peoples shall be guaranteed in the election of members of the assembly. the law shall define the special districts of the rural native indigenous peoples, in which population density and geographical continuity shall not be considered as conditional criteria. article 148 the chamber of senators shall consist of a total of 36 members. in each department, four senators shall be elected in departmental districts by universal, direct and secret vote. the assignment of seats for senators in each department shall be made by a proportional system pursuant to the law. article 149 to be a candidate to the pluri-national legislative assembly, one must satisfy the general requisites for public service, be 18 years of age at the time of election, and have resided permanently for at least two years immediately prior to the election in the corresponding district. article 150 the pluri-national legislative assembly shall have alternate members who do not receive remuneration except in the case that they must actually serve as substitutes. the law shall determine the manner of substitution of the members. the members of the assembly shall not carry out any other public function, under penalty of losing their mandate, with the exception of university teaching. the resignation of a member of the assembly shall be final, without the possibility of being able to obtain permission or the grant of temporary substitution for the purpose of carrying out other functions. article 151 the members of the assembly shall enjoy personal privilege during the time of their mandate, and afterwards they may not be criminally processed for their opinions, communications, representations, requests, questions, denouncements, proposals, expressions or any legislative act or act of reporting or control, which they formulate or undertake while performing their functions. the domicile, residence or habitat of the members of the assembly may not be violated, and they shall not be searched under any circumstance. this provision shall be applied to the vehicles of their personal or official use and to their legislative offices. article 152 the members of the assembly do not enjoy immunity. preventive detention shall not be applied to them in criminal processes during their mandate, except in cases of flagrant crimes. article 153 the vice president of the state shall preside over the pluri-national legislative assembly. the ordinary sessions of the pluri-national legislative assembly shall start on the 6th of august of every year. the ordinary sessions of the pluri-national legislative assembly shall be continuous, and each one will have two recesses of fifteen days per year. by decision of the plenary and the convocation of its president, the pluri-national legislative assembly may hold sessions in a different place other than the habitual one within the territory of the state. article 154 during recesses, the assembly commission (comision de asamblea) shall function, in the form and with the attributes determined by the rules of the chamber of deputies (reglamento de la camara de diputados). in extraordinary cases, for matters of urgency, the assembly can be convoked by its president or by the president of the state. it shall only take up the matters set forth in the convocation. article 155 the pluri-national legislative assembly shall inaugurate its sessions on the 6th of august in the capital of bolivia, unless expressly called by its president. article 156 the term of the mandate of the members of the assembly is five years, and they may be reelected for a single additional continuous term. article 157 the mandate of the member of the assembly ends in the following circumstances: the death or resignation of the member; the revocation of the member's mandate; the final condemnatory sentence of the member in a criminal case; or the unjustified abandonment of his or her functions for more than six continuous working days or eleven non continuous working days a year, as determined in accordance with the rules. article 158 the attributes of the pluri-national legislative assembly, in addition to those determined by this constitution and the law are the following: to approve and execute its budget autonomously; to name and remove its administrative personnel; and to attend to everything related to its internal governance and economy. to set the remuneration of the members, which, in no case, may be higher than that of the vice president of the state. any additional income from a remunerated activity is prohibited. to dictate, interpret, repeal, abrogate and modify laws. to elect six of its members to the pluri-national electoral organ, by two-thirds vote of the members present. to pre-select the candidates to form the pluri-national constitutional court (tribunal constitucional plurinacional), the supreme court of justice (tribunal supremo de justicia), the agro-environmental court (tribunal agroambiental) and the council of magistrates (consejo de la magistratura). to approve the creation of new territorial units and to establish their boundaries, pursuant to the constitution and the law. to approve the economic and social development plan presented by the executive organ). to approve the laws in matters of budgets, indebtedness, control and supervision of state resources, of public credit, and of subsidies for the undertaking of public works and social needs. to make decisions on indispensable state economic measures in case of public necessity. to approve the contracting of loans that commit general income of the state, and to authorize universities to contract loans. to approve the general state budget presented by the executive organ. once the draft law is received, it must be considered by the pluri-national legislative assembly within the term of sixty days. in case it is not approved within this time frame, the draft law shall be considered approved. to approve the contracts of public importance with regard to natural resources and strategic areas, signed by the executive organ. to approve the disposal of assets of public dominion of the state. to ratify international treaties signed by the executive, in the manner established by the constitution. to establish the monetary system. to establish the system of measures. to monitor and oversee the organs of the state and the public institutions. to question, at the initiative of any of the members of the assembly, the ministers of state, individually or collectively, and to censure by the vote of two-thirds of the members of the assembly. the questioning shall be requested by either of the chambers. the censure shall imply the replacement of the minister. to undertake investigations within the framework of their supervisory attributes, by way of a commission or commissions elected for that purpose, without prejudice to the control exercised by the competent bodies. to monitor and oversee public enterprises, those of mixed capital and every entity that has state economic participation. to authorize the use of military troops, armaments and war materiel outside of the territory of the state, and to determine the purpose and time of the absence of troops. to authorize in exceptional cases the entrance and temporary transit of foreign armed forces, determining the purpose and length of their stay. at the initiative of the executive organ, to create or modify taxes at the central level of the state. nevertheless, the pluri-national legislative assembly, at the request of one of its members, shall request that the executive organ present bills on the matter. if the executive organ, within the term of twenty days does not present the requested bill, or the justification for not having done so, the representative who had requested it or another, shall present his or her own bill for consideration and approval. the organization and functions of the pluri-national legislative assembly shall be regulated by the rules of the chamber of deputies. article 159 the attributes of the chamber of deputies, in addition to those determined by this constitution and the law, are: to draft and approve its rules. to describe the credentials granted by the pluri-national electoral organ. to elect its executive committee; and to determine its internal organization and functions. to apply sanctions to deputies, pursuant to the rules, by a decision of two-thirds of the members present. to approve and execute its budget; to name and remove its administrative personnel; and to attend to everything related to its internal economy and governance. to initiate the approval of the general state budget. to initiate the approval of the economic and social development plan presented by the executive organ. to the initiate the approval or modification of the tax laws, laws of public credit or subsidies. to initiate the approval of the contracting of loans which commit the general revenues of the state, and to authorize universities to contract loans. in each legislature, to approve the armed forces that should be maintained in peace time. to accuse, before the chamber of senators, the members of the pluri-national constitutional court, of the supreme court and of the administrative control of justice who have committed crimes in the exercise of their functions. to propose lists of candidates to the president of the state for the designation of the presidents of the economic and social entities and other positions in which the state participates, by absolute majority pursuant to the constitution. to pre-select the candidates for the administrative control of justice and to send the names of the candidates to the pluri-national electoral organ so that this organ may carry out the sole and exclusive organization of the electoral process. article 160 the attributes of the chamber of senators, in addition to those determined by this constitution and the law, are: to draft and approve its rules. to qualify the credentials granted by the pluri-national electoral organ. to elect its executive committee, and determine its internal organization and functions. to apply sanctions to senators, pursuant to the rules, by decision of two-thirds of the members present. to approve and execute its budge; to name and remove its administrative personnel and to attend to everything related to its internal economy and governance. to be the sole instance to try the members of the pluri-national constitutional court, of the supreme court, of the agro-environmental court and of the administrative control of justice for crimes committed in the exercise of their functions, whose sentences shall be approved by at least two-thirds of the members present, pursuant to the law. to recognize with public honors those who are deserving of it for eminent service to the state. to ratify the promotions, proposed by the executive organ, to general of the army, of the air force, of the division and of the brigade; to admiral, vice admiral, rear admiral, and general of the bolivian police. to approve or deny the appointments of ambassadors and plenipotentiary ministers proposed by the president of the states. article 161 the chambers shall meet in pluri-national legislative assembly to exercise the following functions, as well as those set forth in the constitution: to inaugurate and close its sessions. to receive the oath of the president and vice president of the state. to accept or reject the resignation of the president of the state and of the vice president of the state. to consider the laws vetoed by the executive organ. to consider bills approved in the chamber of origin that were not approved in the reviewing chamber. to approve states of emergency. to authorize the trial of the president or of the vice president of the state. to designate the attorney general of the state and the public defender. chapter ii. legislative procedure article 162 the following have the authority to initiate legislation, which the pluri-national legislative assembly is obligated to process: citizens. members of the assembly in each of the chambers. the executive organ. the supreme court, with respect to initiatives related to the administration of justice. the autonomous governments of the territorial entities. the law and rules of each chamber shall develop the procedures and requisites for exercising the authority of legislative initiative. article 163 the legislative process shall develop in the following manner: the presentation of a bill by members of one of the chambers of the assembly shall initiate the legislative process in that chamber, which shall remand it to the corresponding commission or commissions for its treatment and initial approval. the bill presented by other initiative shall be sent to the chamber of deputies, which shall remand it to a commission or commissions. the legislative initiatives in matters of decentralization, autonomies and land registry and regulations shall be received by the chamber of senators. when a bill has been reported by the corresponding commission or commissions, it shall be sent for consideration by the plenary of the chamber, where it shall be discussed and approved in full and in detail. each approval shall require an absolute majority of the members present. the bill approved by the chamber of origin shall be remanded to the reviewing chamber for its decision. if the reviewing chamber approves it, it shall be sent to the executive organ for its promulgation. if the reviewing chamber amends or modifies the bill, this shall be considered as approval if the originating chamber accepts the amendments or modification by the vote of an absolute majority of the members present. in the event that it does not accept the changes, the two chambers shall meet at the request of the originating chamber within the term of twenty days following and shall debate the bill. the decision shall be made by the plenary of the pluri-national legislative assembly by an absolute majority of the members present. in the event that thirty days pass without pronouncement on the bill by the reviewing chamber, the bill shall be considered by the plenary of the pluri-national legislative assembly. the approved bill, once confirmed, shall be sent to the executive organ for its promulgation as law. a bill that has been rejected may be reintroduced in the next legislature. the law, which has been approved by the pluri-national legislative assembly and sent to the executive organ, may be commented on by the president within ten working days from the time of its receipt. the observations of the executive organ shall be sent to the assembly. if the latter should be in recess, the president shall send his or her observations to the commission of the assembly (comision de asamblea). if the pluri-national legislative assembly considers the observations of the president to be well founded, it will modify the law accordingly and will return the law to executive organ for its promulgation. in the event that it does not consider the observations to be well founded, the law shall be promulgated by the president of the assembly. the decisions of the assembly shall be made by the vote of the absolute majority of the members present. the law on which no observations are made within the corresponding term of time shall be promulgated by the president of the state. the laws not promulgated by the executive organ in the terms set forth in the sections above shall be promulgated by the president of the assembly. article 164 the promulgated law shall be published immediately in the official gazette. compliance with the law is obligatory from the date of its publication, except for those that establish a different term for entrance into force. title ii. executive organ chapter i. composition and attributes of the executive organ section i. general matters article 165 the executive organ consists of the president of the state, the vice president of the state, and the ministers of state. the council of ministers is collectively responsible for the decisions they adopt. section ii. presidency and vice presidency of the state article 166 the president and vice president of the state shall be elected by universal, obligatory, direct, free and secret vote. the candidates who receive fifty percent plus one of the valid votes cast, or the candidate who has received a minimum of forty percent of the valid votes cast, with a difference of at least ten percent in relation to the candidate in second place, shall be proclaimed president or vice president. in the event that none of the candidates meet these conditions, a second electoral round shall be carried out between the two candidates who received the most votes, within the term of sixty days counted from the prior voting. the candidate who receives the majority of votes shall be declared president or vice president of the state. article 167 to be a candidate for president or vice president of the state, one must satisfy the general conditions to be a public servant, be thirty years of age on the day of the election, and have resided permanently in the country for at least five years immediately prior to the election. article 168 the period of the mandate of the president or vice president is five years, and they may be reelected once for a continuous term. article 169 in the event of an impediment or definitive absence of the president, he or she shall be replaced by the vice president and, in the absence of the latter, by the president of the senate, and in his or her absence by the president of the chamber of deputies. in this last case, new elections shall be called within a maximum period of ninety days. in case of temporary absence, the vice president shall assume the presidency for a term not to exceed ninety days. article 170 the mandate of the president of the state shall end in the following circumstances: upon his or her death; by the presentation of his or her resignation to the pluri-national legislative assembly; by definitive absence or impediment; by the imposition of a final condemnatory sentence in a criminal matter; or by the revocation of his or her mandate. article 171 in the event the mandate is revoked, the president of state shall immediately cease in his or her functions; the vice president must assume the presidency and immediately call elections for the presidency of the state to take place within a maximum period of ninety days. article 172 the attributes of the president of the state, in addition to those established by this constitution and the law, are the following: to comply with and enforce the constitution and the laws. to maintain and preserve the unity of the bolivian state. to propose and direct the policies of the government of the state. to direct the public administration and coordinate the actions of the ministers of state. to direct foreign policy; sign international treaties; name public diplomats and consuls pursuant to the law; and to admit foreign officials in general. to request the calling of an extraordinary session of the pluri-national legislative assembly. to promulgate the laws approved by the pluri-national legislative assembly. to issue supreme decrees and resolutions. to administer the state revenues and to decree their investment by the ministry of the appropriate branch in accordance with the laws and strictly subject to the general budget of the state. to present the economic and social development plan to the pluri-national legislative assembly. to present to the pluri-national legislative assembly, during the first thirty sessions, the proposed law of the general budget of the state for the following fiscal year, and to propose, during its term, the modifications he or she considers necessary. the report on public expenses pursuant to the budget shall be presented annually. to present annually to the pluri-national legislative assembly, in its first session, the written report on the course and state of public administration during the yearly management, accompanied by the ministerial reports. to enforce the decisions of the courts. to decree amnesty or pardon, with the approval of the pluri-national legislative assembly. to name the following, from among the candidates proposed by the pluri-national legislative assembly: the controller general of the state, the president of the bank of bolivia, the maximum authority of the regulatory organ of the banks and financial entities, and the presidents of the entities, in which the state participates, that have a social and economic function. to preserve the security and defense of the state. to designate and substitute the commander in chief of the armed forces and the commanders of the army, the air force and the navy. to designate and substitute the general commander of the bolivian police. to propose to the pluri-national legislative assembly the promotions to general of the army, of the air force, of the division and of the brigade, to admiral, vice admiral, and rear admiral, and to general of the police, in accordance with the report on their service and promotions. to create and construct ports. to designate its representatives to the electoral organ. to designate the ministers of state, respecting the pluri-national character of the country and gender equity in the composition of the ministerial cabinet. to designate the attorney general of the state. to present proposed laws of economic urgency for consideration by the pluri-national legislative assembly, which must give them priority attention. to hold the position of commander in chief of the armed forces, and to deploy them for the defense, independence and territorial integrity of the state. to declare a state of emergency. to exercise maximum authority over the bolivian agrarian reform service and to grant executable titles in the distribution and redistribution of land. article 173 the president of the state may absent him or herself from bolivian territory for official missions for a maximum period of up to ten days without authorization of the pluri-national legislative assembly. article 174 the attributes of the vice president of the state, in addition to those established in this constitution and the laws, are as follows: to assume the presidency of the state in the cases established in this constitution. to coordinate the relations between the executive organ, the pluri-national legislative assembly, and the autonomous governments. to participate in the sessions of the council of ministers. to contribute, with the president of the state, to the guidance of the general policy of the government. to participate jointly with the president of the state in the formulation of foreign policy, as well as to carry out diplomatic missions. section iii. ministers of state article 175 the ministers of state are public servants and have the following authority, in addition to those established in this constitution and the laws: to propose and contribute to the formulation of the general policies of the government. to propose and direct the governmental policies in their sector. to manage public administration in their corresponding branch. to issue administrative norms in the area of their competence. to propose drafts of supreme decrees and to sign them with the president of the state. to resolve, as last recourse, any administrative matter that corresponds to his or her ministry. to present to the pluri-national legislative assembly the reports that it requests. to coordinate, together with other ministries, the planning and execution of the policies of the government. the ministers of state are responsible for the administrative acts adopted in the areas of their respective portfolios. article 176 to be designated a minister, a person must meet the following requisites: satisfy the general requirements for entering public service, be twenty five years of age on the day of his or her nomination, not be a member of the pluri-national legislative assembly, nor a director, shareholder or owner of financial entities or enterprises that have a contractual relationship or conflicts of interest with the state; not be the spouse or natural parent or related in the second degree to the acting president or vice president of the state. article 177 anyone who, whether directly or as the legal representative of a legal person, has a contract pending fulfillment or is indebted to the state may not be designated as a minister. title iii. judicial organ and pluri-nationalconstitutional court chapter i. general matters article 178 the power to impart justice emanates from the bolivian people and is based on the principles of independence, impartiality, juridical security, publicity, probity, promptness, being free of charge, legal pluralism, being inter-cultural, equity, service to society, citizen participation, social harmony and respect for rights. the guarantees of judicial independence are: the performance of the judges in accordance with a judicial career. the budgetary autonomy of the judicial bodies. article 179 the judicial function is singular. ordinary jurisdiction is exercised by the supreme court of justice, the departmental courts of justice, the sentencing courts and the judges; the agro-environmental jurisdiction is exercised by the agro-environmental court and judges; and the rural native indigenous jurisdiction is exercised by their own authorities. there shall be specialized jurisdictions regulated by the law. ordinary jurisdiction and rural native indigenous jurisdiction enjoy equal status. constitutional justice is imparted by the pluri-national constitutional court (tribunal constitucional plurinacional). the council of judges is part of the judicial organ (organo judicial). chapter ii. ordinary jurisdiction article 180 ordinary jurisdiction is based on the following procedural principles: application free of charge, publicity, transparency, the right to be heard, promptness, probity, honesty, legality, efficiency, accessibility, immediacy, material truth, due process, and equality of the parties before the judge. the principle of the right to challenge in judicial processes is guaranteed. ordinary jurisdiction shall not recognize privileges or extraordinary courts. the military jurisdiction shall try the crimes of military nature regulated by the law. sole section. supreme court of justice article 181 the supreme court of justice is the highest court of ordinary jurisdiction. it is made up of magistrates. it is internally organized into specialized chambers. their composition and organization shall be determined by law. article 182 the magistrates of the supreme court of justice shall be elected by universal suffrage. the pluri-national legislative assembly, by two-thirds of the members present, shall determine the pre-selection of the candidates for each department and shall send the names of those selected to the electoral body so that it may organize the sole and exclusive electoral process. no candidate or any other person shall make an electoral campaign in favor of the candidacies, under penalty of their being stricken. the electoral organ is the only entity responsible for publicizing the merits of the candidates. the magistrates may not belong to political organizations. the candidates that obtain a simple majority of the votes shall be elected. the president of the state shall administer the oath of office. in order to become a magistrate of the supreme court of justice one must meet the following requirements: satisfy the general requisites established for public servants; be thirty years of age; have a law degree; have honestly and ethically performed judicial functions, practiced as a lawyer or have been a university professor for eight years; and not have been sanctioned with dismissal by the council of magistrates. the determination of merit shall take into account performance as a native authority under its system of justice. the system of prohibitions and incompatibilities applied to magistrates of the supreme court of justice shall be the same as that applied to public servants. article 183 the magistrates may not be re-elected. the period of their mandate shall be six years. the magistrates of the supreme court of justice shall cease in their functions upon completion of their mandate, imposition of a final sentence arising from a trial of responsibilities, resignation, death and other causes set forth in the law. article 184 the following are the attributes of the supreme court of justice, in addition to those provided by law: to act as the court of cassation and hear appeals of nullity in cases expressly provided for by law. to resolve conflicts of competencies arising among the departmental courts of justice. to hear, resolve and request, as the sole instance, the processes of extradition. to try, in plenary as a collegial court and as the sole instance, the president of the state, or the vice president of the state, for crimes committed in the performance of their mandate. the trial shall be undertaken upon prior authorization of the pluri-national legislative assembly, by a vote of at least two-thirds of the members present, and a request supported by the prosecutor or the attorney general of the state who shall formulate the accusation if he believes that the investigation provides the basis for trial. the process shall be oral, public, continuous and uninterrupted. the law shall determine the procedure. to designate the voting judges of the departmental courts of justice, from the lists presented by the council of magistrates. to prepare proposed judicial laws and present them to the pluri-national legislative assembly. to hear and resolve cases of extraordinary review of sentences. article 185 the judicial functions of the supreme court of justice shall be exercised in an exclusive manner. chapter iii. agro-environmental jurisdiction article 186 the agro-environmental court (tribunal agroambiental) is the highest court specialized in agro-environmental jurisdiction. it is governed specifically by the principles of social benefit, comprehensiveness, immediacy, sustainability and being inter-cultural. article 187 to be elected magistrate of the agro-environmental court, one must meet the same requirements as those for members of the supreme court of justice, in addition to the following: have expertise in these matters and have performed well, ethically and honestly as an agrarian judge; have practiced law or have been a university professor in the subject matter for a period of eight years. in the pre-selection of candidates, pluralistic composition shall be guaranteed by considering the criteria of pluri-nationality. article 188 the magistrates of the agro-environmental court shall be elected by universal suffrage, pursuant to the procedures, mechanisms and formalities for the members of the supreme court of justice. the system of prohibitions and incompatibilities applicable to the magistrates of the agro-environmental court shall be those that are applied to public servants. the term of the performance, permanence and cessation of the position that is established for magistrates of the supreme court of justice (tribunal supremo de justicia) shall be applied to the members of the agro-environmental court. article 189 the following are the attributes of the agro-environmental court, in addition to those set forth in the law: to resolve appeals of cassation and nullity in actions involving agrarian real estate, forestry, environmental, water, rights of use and enjoyment of natural renewable, hydraulic, and forest resources, and biodiversity; and to resolve complaints involving practices that endanger the ecological system and the conservation of species or animals. to hear and resolve, as the sole instance, the complaints of nullity and cancellation of titles. to hear and resolve, as the sole instance, the cases brought against the state resulting from contracts, negotiations, authorizations, licenses, distribution and redistribution of rights of exploitation of natural renewable resources, and other acts and administrative resolutions. to organize the agro-environmental courts. chapter iv. rural native indigenous jurisdiction article 190 the nations and native indigenous rural peoples shall exercise their jurisdictional functions and competency through their authorities, and shall apply their own principles, cultural values, norms and procedures. the rural native indigenous jurisdiction respects the right to life, the right to defense and other rights and guarantees established in this constitution. article 191 the rural native indigenous jurisdiction is based on the specific connection between the persons who are members of the respective nation or rural native indigenous people. the rural native indigenous jurisdiction is exercised in the following areas of personal, material and territorial legal effect: members of the nation or rural native indigenous people are subject to this jurisdiction whether they act as plaintiffs or defendants, claimants or accusers, whether they are persons who are denounced or accused, or are appellants or respondents. this jurisdiction hears rural native indigenous matters pursuant to that established in a law of jurisdictional demarcation. this jurisdiction applies to the relations and juridical acts that are carried out, or the effects of which are produced, within the jurisdiction of a rural native indigenous people. article 192 each public authority or person shall obey the decisions of the rural native indigenous jurisdiction. to secure compliance with the decisions of the rural native indigenous jurisdiction, its authorities may request the support of the competent bodies of the state. the state shall promote and strengthen rural native indigenous justice. the law of jurisdictional demarcation shall determine the mechanisms of coordination and cooperation between rural native indigenous jurisdiction and ordinary jurisdiction and agro-environmental jurisdiction and all the recognized constitutional jurisdictions. chapter v. council of ministers of justice article 193 the council of ministers of justice is the instance responsible for the following: the disciplinary regime for the ordinary, agro-environmental and the specialized jurisdictions; the monitoring and supervision of their administrative and financial management; and the formulation of procedural policies. the council of ministers of justice shall be governed by the principle of citizen participation. its formation, structure and functions are determined by the law. article 194 the members of the council of ministers of justice shall be elected by universal vote from among the candidates proposed by the pluri-national legislative assembly. the pluri-national electoral organ shall be in charge of the organization and implementation of the electoral process. in addition to the general conditions necessary to enter public service, the members of the council of ministers of justice shall be thirty years old, possess knowledge of the material under their jurisdiction, and have performed their duties ethically and honestly. the members of the council of ministers of justice shall remain in their posts for six years and may not be re-elected. article 195 the powers of the council of ministers of justice, in addition to those established in the constitution and the laws, are the following: to initiate the revocation of the mandate of judges of the supreme court of justice and of the agro-environmental court, when they commit serious omissions in the exercise of their duties as determined by law. to exercise disciplinary control over the voting judges and the auxiliary administrative personnel of the judicial organ. the exercise of this authority shall include the possibility of removal from their post for serious disciplinary infractions, which are expressly established by law. to monitor and oversee the economic financial administration and assets of the judicial organ. to evaluate the performance of the administrators and the administrators of justice and auxiliary personnel. to draft judicial audits and the audits of financial management. to undertake technical and statistical studies. to make the pre-selection of candidates for the formation of courts of justice of the departments who will be designated by the supreme court of justice. to designate the trial judges and judges of instruction, through a process of competitive evaluation of merit and examination of competency. to designate its administrative personnel. chapter vi. pluri-national constitutional court article 196 the pluri-national constitutional court (tribunal constitucional plurinacional) assures the supremacy of the constitution, exercises constitutional control, and safeguards respect for and enforcement of constitutional rights and guarantees. as criteria to be applied in its interpretive role, the pluri-national constitutional court shall give preference to the intent of the constituent assembly as demonstrated in its documents, acts and resolutions, as well as the literal tenor of the text. article 197 the pluri-national constitutional court shall consist of judges elected on the basis of pluri-nationality, with representation from the ordinary system and the rural native indigenous system. the substitute judges of the pluri-national constitutional court shall not receive remuneration, and shall assume functions only in the case of the absence of the titled judge or for other reasons established by law. the composition, organization and functions of the pluri-national constitutional court shall be regulated by law. article 198 the judges of the pluri-national constitutional court shall be elected by universal suffrage, pursuant to the procedure, mechanism and formalities used for the election of the members of the supreme court of judges. article 199 to become a judge of the pluri-national constitutional court, in addition to the general requisites to become a public servant, one must be thirty five years of age and have specialized or credited experience of at least eight years in the disciplines of constitutional law, administrative law or human rights law. for purposes of determining merit, experience as a native authority under its system of justice shall be taken into account. the candidates for the pluri-national constitutional court shall be proposed by organizations of civil society and the nations and rural native indigenous peoples. article 200 the time of service, permanence and removal from office established for the judges of the supreme court of justice shall be applied to the members of the pluri-national constitutional court. article 201 the judges of that pluri-national constitutional court shall be governed by the same system of prohibitions and incompatibilities as applied to public servants. article 202 in addition to those established by law, the powers of the pluri-national constitutional court, are to hear and resolve the following: as the court of jurisdiction in the matters of pure law concerning the unconstitutionality of laws, autonomous statutes, constitutional charters, decrees and every type of ordinance and non-judicial resolution. if the case is of abstract character, only the president of the republic, senators, deputies, legislators and the maximum authorities of the autonomous territorial entities may present it to the court. the conflicts of jurisdiction and powers among the organs of popular power. the conflicts of jurisdiction between the pluri-national government and the autonomous and decentralized territorial entities, and between the latter. the appeals of fees, taxes, rates, licenses, rights or contributions that are created, modified or suppressed in violation of that set forth in the constitution. the appeals of resolutions of the legislative organ, when its resolutions affect one or more rights, regardless of who might be affected. the review of the actions of liberty, constitutional protection, protection of privacy, popular actions and those for compliance. this review shall not impede the immediate and obligatory application of the resolution that decided the action. the legal consultations of the president of the republic, of the pluri-national legislative assembly, the supreme court of justice or the agro-environmental court on the constitutionality of proposed bills. it is obligatory to comply with the decision of the constitutional court. the legal consultations of the rural native indigenous authorities on the application of their juridical norms as applied in a concrete case. compliance with the decision of the constitutional court is obligatory. the review of the constitutionality of international treaties prior to their ratification. the constitutionality of the procedure of partial reform of the constitution. the conflicts of authority between the rural native indigenous jurisdiction and ordinary and agro-environmental jurisdiction. the direct appeals of nullity. article 203 the decisions and sentences of the pluri-national constitutional court are binding and of obligatory compliance, and no subsequent ordinary appeal of them is allowed. article 204 the law shall determine the procedures that govern the processes brought before the pluri-national constitutional court. title iv. electoral organ chapter i. pluri-national electoral organ article 205 the pluri-national electoral organ (organo electoral) shall be composed of: the supreme electoral court. the departmental electoral courts. the electoral judges. the juries of the polling places. the electoral notaries. the jurisdiction, competency and powers of the electoral organ and its different levels are defined in this constitution and the law. article 206 the supreme electoral court is the highest level of the electoral organ, and has national jurisdiction. the supreme electoral court is composed of seven members, who shall remain in office for six years without the possibility of re-election, and at least two of them shall be of rural native indigenous origin. the pluri-national legislative assembly shall elect six of the members of the pluri-national electoral organ, by two-thirds of the votes of the members present. the president of the state shall designate one of its members. the election of the members of the pluri-national electoral organ requires the prior public announcement, and the determination of the capacity and merits by public selection process. the departmental legislative assemblies or the departmental councils shall select, by two thirds votes of their members present, a list of candidates for each one of the voting members of the departmental electoral courts. the chamber of deputies (camara de diputados) shall, by two third votes of the members present, elect from the lists the members of the departmental electoral courts, guaranteeing that at least one of its members belong to the nations and rural native indigenous peoples of the department. article 207 to be designated a voting member of the supreme electoral court and the departmental electoral court, once must satisfy the general requirements for being a public servant, to be thirty years of age at the time of his or her designation and to have academic education. article 208 the supreme electoral court is responsible for organizing, administering and carrying out the electoral processes, and for proclaiming the results. the court shall guarantee that the voting is carried out effectively, pursuant to that set forth in article 26 of this constitution. it is the function of the supreme electoral court to organize and administer the civil registry and the electoral roll. chapter ii. political representation article 209 the candidates for public elected posts, with the exception of the elected positions of the judicial organ and the pluri-national constitutional court (tribunal constitucional plurinacional), shall be proposed by the organizations of the nations and rural native indigenous peoples, citizen associations and political parties, in equal conditions and pursuant to the law. article 210 the organization and functioning of the organizations of the nations, rural native indigenous peoples, and citizen associations and political parties must be democratic. the internal election of the leaders and the candidates of the citizen associations, and of the political parties, shall be regulated and supervised by the pluri-national electoral organ, which shall guarantee the equal participation of men and women. the nations and rural native indigenous peoples may elect their candidates according to their own democratic communitarian norms. article 211 the nations and rural native indigenous peoples may elect their political representatives whenever required, in accordance with their own forms of election. the electoral organ shall assure that the norms of those peoples and nations will be complied with strictly in the elections of authorities, representatives and candidates of the nations and rural native indigenous peoples, using their own norms and procedures. article 212 no candidate may be proposed for more than one elective post or for more than one electoral district at the same time. title v. functions of control, defense of society and defense of the state chapter i. function of control sole section. general comptroller article 213 the general comptroller of the state (contraloria general) is the technical institution that monitors the administration of the public entities and those in which the state has economic participation or interest. the comptroller is authorized to determine signs of administrative, executive, civil and criminal responsibility; it is functionally, financially, administratively and organizationally autonomous. its organization, function and attributes must be based on principals of legality, transparency, efficacy, efficiency, economy, equity, opportunity and objectivity, and are determined by the law. article 214 the comptroller or comptroller general of the state shall be designated by two third votes of the members present of the pluri-national legislative assembly. the election shall require prior public notice, and determination of the professional capacity and merits through a public process. article 215 to be designated as comptroller or comptroller general of the state, one must fulfill the general requisites for public service; be at least thirty years old at the time of designation; have obtained a professional degree in an area related to the post and have practiced as a professional for a minimum of eight years; to have shown personal and ethical integrity, determined by public observation. article 216 the comptroller or comptroller general of the state shall carry out his or her functions for a period of six years, without the possibility of being reappointed. article 217 the comptroller general of the state shall be responsible for the supervision and later external monitoring of public entities and those in which the state has economic participation or interest. the supervision and monitoring also shall be carried out over the administration, management and disposition of the strategic assets and services of collective importance. the office of comptroller general of the state shall present each year a report on its supervision of the public sector to the pluri-national legislative assembly. chapter ii. function of defense of society section i. public defender article 218 the public defender (defensor del pueblo) shall oversee the enforcement, promotion, dissemination of and compliance with human rights, both individual and collective, that are established in the constitution, laws and international instruments. the function of the public defender shall extend to the administrative activity of the entire public sector and the activity of private institutions that provide public services. the public defender shall also promote the defense of the rights of the nations and rural native indigenous peoples, of urban and intercultural communities, and of bolivians who are abroad. the public defender is an institution with operational, financial and administrative autonomy, in accordance with the law. its functions shall be governed by the principles of free services, accessibility, swiftness and solidarity. in the exercise of its functions it does not receive instructions from the organs of the state. article 219 the office of the public defender shall be directed by the public defender, who shall performs his or her functions for a period of six years, without possibility of a new designation. the public defender shall not be subjected to prosecution, detention, accusation or trial for acts carried out in the exercise of his or her authority. article 220 the public defender shall be designated by at least two-thirds of the members present of the pluri-national legislative assembly. the designation shall require a prior public announcement and determination of professional capacity and merit through a public competition among persons recognized for their career in defense of human rights. article 221 to be designated as public defender one must satisfy the general conditions to be a public servant, be thirty years old at the time of designation and have proven personal and ethical integrity determined by public observation. article 222 the powers of the office of the public defender, in addition to those established in the constitution and the law, are the following: to file actions of unconstitutionality, of liberty, of constitutional protection, of protection of privacy, popular actions, actions for compliance and the direct appeal of nullity, without the requirement of having a mandate. to present bills and modifications of laws, decrees and non-judicial resolutions in matters of its competence. to investigate, on its own or at the request of a party, the acts or omissions that imply violations of rights, individual and collective, that are established in the constitution, laws and international instruments, and request that the public ministry initiate the corresponding legal actions. to request information from the authorities and public servants with respect to the investigations that the public defender is carrying out, to which no objection may be posed. to formulate recommendations, reminders of legal duties, and suggestions for the immediate adoption of corrective measures for all the organs and institutions of the state, and to issue public censure for acts or behavior contrary to these formulations. to have free access to the center of detention and prisons, to which no one may pose an objection. to exercise its functions without interruption of any kind, even in the case of a declaration of a state of emergency. to attend to the persons who request its services promptly and without discrimination. to draft the regulations needed for the exercise of its functions. article 223 each year, the public defender shall report to the pluri-national legislative assembly and to the office of social control concerning the situation of human rights in the country and on the management of its administration. the public defender may be called on at any moment by the pluri-national legislative assembly or the social control to provide a report with respect to the exercise of its authority. article 224 each year, the ombudswoman or ombudsman shall report to the pluri-national legislative assembly and to the institution of social control on the situation of human rights in the country and the management of its administration. the ombudswoman or ombudsman may be summoned at any moment by the pluri-national legislative assembly or by the institution of social control, in order to provide a report on the exercise of its functions. section ii. the public ministry article 225 the public ministry shall defend the law and the general interests of society, and it shall bring public criminal actions. the public ministry has operational, administrative and financial autonomy. the public ministry shall exercise its functions pursuant to the principles of legality, timeliness, objectivity, responsibility, autonomy, unity and hierarchy. article 226 the prosecutor or general prosecutor of the state is the highest authority hierarchically of the public ministry and represents the institution. the public ministry shall have departmental prosecutors, prosecutors of specific matters and the other prosecutors established by the law. article 227 the prosecutor or the general prosecutor of the state is designated by two-thirds vote of the members present of the pluri-national legislative assembly. the designation shall require prior public announcement, and qualification of professional capacity and merits through a competitive public process. the prosecutor or the general prosecutor of the state shall satisfy the general requisites for public servants, as well as the specific requisites established by the council of judges of the supreme court of justice. article 228 the prosecutor or the general prosecutor of the state shall exercise his or her functions for six years, with no possibility of being designated again. chapter iii. function of the defense of the state sole section. office of the attorney general of the state article 229 the office of the attorney general of the state is the institution of public juridical representation, which has the power to promote, defend and safeguard the interests of the state. its organization and structure shall be determined by law. article 230 the office of the attorney general of the state is composed of the attorney general, who shall direct it, and other public servants as determined by the law. the designation of the attorney general of the state corresponds to the president of the state. the person designated must satisfy the requisites required for the judges of the supreme court of justice. the appointment may be vetoed by decision of at least two thirds of the members present of the pluri-national legislative assembly within a period not exceeding sixty calendar days from the appointment. the veto shall have the effect of terminating the functions of the appointed person. article 231 the powers of the office of the attorney general of the state, in addition to those determined by the constitution and the laws, are the following: to defend judicially and extra-judicially the interests of the state, assuming its legal representation and intervening as the government representative with full rights in all judicial and administrative actions, within the framework of the constitution and the law. to present ordinary appeals and actions in defense of the interests of the state. to evaluate and oversee the carrying out of legal proceedings by the legal units of the public administration in the processes that are brought before the jurisdictional or administrative authorities. in the case of negligent action, it should urge the initiation of the appropriate actions. to request the information considered necessary from public servants and individual persons for purposes of exercising its authority. this information may not be denied for any reason or cause; the law shall establish the corresponding penalties. to request of the maximum executive authority of public entities the trial of public servants who, for negligence or corruption, cause damage to the patrimony of the state. to attend to the complaints and claims made by citizens and entities which make up social control in the cases that adversely affect the interests of the state. to request that the prosecutor general of the state undertake the judicial actions that should be brought for crimes committed against public patrimony of which it has knowledge. to present bills on matters related to its competence. chapter iv. public servants article 232 the public administration is governed by the principles of legitimacy, legality, publicity, social commitment and interest, ethics, transparency, equality, competence, efficiency, quality, friendliness, honesty, responsibility and results. article 233 public servants are persons who perform public functions. public servants form part of the administrative personnel, except for those who are in elected posts, those who are designated, and those who are appointed to perform duties. article 234 to perform public functions, one must satisfy the following requisites: have bolivian nationality. be of adult age. have completed military duty. have no criminal charges against him or her, nor final sentences in criminal matters that are pending completion. not be included in the cases of prohibitions and incompatibilities established in the constitution. be inscribed in the voting rolls. speak at least two of the official languages of the country. article 235 the following are the obligations of public servants: to comply with the constitution and the laws. to fulfill his or her responsibilities, in accordance with the principles of public administration. to provide a sworn declaration of assets and income, before, during and after performing in the post. to provide reports on the economic, political, technical and administrative responsibilities carried out in the public administration. to respect and protect the assets of the state, and abstain from using them for electoral purposes or any other purpose outside of the public function. article 236 the prohibitions in carrying out the public function are as follows: to perform simultaneously more than one full-time remunerated public job. to act when his or her interests conflict with those of the entity he or she serves, and to enter into contracts or carry out business with the public administration, directly, indirectly or on behalf of a third party. to name to public administration persons with whom he or she has a blood relation in the 4th degree and second of affinity. article 237 the obligations for the exercise of the public administration: inventory and care for the documents belonging to the public administration in public offices, with the prohibition of taking them out or destroying them. the law shall regulate the management of archives and the conditions under which public documents may be destroyed. maintain the confidentiality of classified information, which may not be divulged even after they have left their duties. the procedure for characterizing classified information shall be set forth in the law. the law shall determine the sanctions for violation of these obligations. article 238 persons who fall within the following grounds are ineligibility to hold elective public office: those that were or are directors of enterprises or corporations that have contracts or agreements with the state and who have not resigned at least three months before the day of the election. those who have been directors of foreign international enterprises that have contracts or agreements with the state and have not resigned at least five years prior to the date of the election. those who hold elected positions, or who hold positions by designation or appointment, who have not resigned from them at least three months prior to the date of the election, with the exception of the president or vice president. the members of the armed forces and the bolivian police in active service who have not resigned at least three months prior to the date of the election. the ministers of any religious cult who have not resigned at least three months prior to the date of the election. article 239 the following are not compatible with the performance of public functions: the acquisition or leasing of public assets on behalf of the public servant or third persons. the signing of administrative contracts with or obtaining any other kind of personal benefit from the state. professional service as employees, representatives, advisors, managers of entities, companies or enterprises that have a contractual relationship with the state. article 240 the mandate of anyone who occupies an elected position, with the exception of those of the judicial organ, may be revoked, in accordance with the law. the revocation of a mandate can be requested when at least half the term of the mandate has been completed. the revocation of a mandate cannot take place during the last year of the term in office. the revocation referendum shall commence by citizen initiative, at the request of at least fifteen percent of the voters of the electoral roll of the district that elected the public servant. the revocation of a mandate of a public servant shall be carried out pursuant to the law. the revocation of a mandate shall result in the immediate cessation of service in the post, providing for his or her substitution according to the law. the revocation shall take place only once during the constitutional mandate of the person elected. title vi. participation and social control article 241 the sovereign people shall participate, through the organized civil society, in the design of public policies. organized civil society shall exercise public monitoring of public management at all levels of the state, and of businesses, public enterprises, and private ventures that administer public fiscal resources. it will exercise public monitoring of the quality of public services. the law shall establish the general framework for the exercise of public monitoring. civil society shall organize itself to define the structure and composition of public participation and monitoring. the entities of the state shall create spaces of participation and public monitoring on the part of society. article 242 participation and public monitoring implies the following activities, in addition to those established in the constitution and the law: to participate in the formulation of the policies of the state. to support the legislative organ in the collective development of the laws. to develop social oversight at all levels of the government and of the autonomous, self sufficient, decentralized and de-concentrated territorial entities. to create transparent management of information and use of resources in all of the places of public management. the information requested for public monitoring may not be denied and shall be delivered in complete, truthful, adequate and timely form. to formulate reports that support the petition for revocation of mandate, in accordance with the procedure established in the constitution and the law. to hear and comment on the reports of the activities of the organs and functions of the state. to coordinate the planning and monitoring with the organs and functions of the state. to file complaints with the corresponding institutions for investigation and processing in the cases considered appropriate. to participate in the public scrutiny of candidates in appointment procedures who are subject to them. to help the electoral organ publicize the nominations of candidates for the corresponding public posts. title vii. armed forces and bolivian police chapter i. armed forces article 243 the armed forces of the state are organically comprised of the commander in chief, the army, the air force and the navy of bolivia, the forces of which shall be defined by the pluri-national legislative assembly at the proposal of the executive organ. article 244 the fundamental mission of the armed forces is the following: the defense and preservation of the independence, security and stability of the state, and the honor and sovereignty of the country; to assure the supremacy of the constitution; to guarantee the stability of the legitimately constituted government; and to participate in the development of the country. article 245 the organization of the armed forces is based on its hierarchy and discipline. it is essentially subservient, is not a deliberative body, and is subject to the laws and military regulations. as an institutional organ, it does not carry out any political activity; individually, its members enjoy and exercise the rights of citizens under the conditions established by the law. article 246 the armed forces are subordinate to the president of the state and receive their orders administratively through the minister of defense as an intermediary, and with respect to technical aspects, from the commander in chief. in the event of war, the commander in chief of the armed forces shall direct the operations. article 247 no foreigner may exercise command, nor be employed or occupy an administrative post in the armed forces without the prior authorization of the captain general. to occupy their positions, the commander in chief of the armed forces, the chief of staff, the commanders and chiefs of staff of the army, the air force, and the navy of bolivia, and of the large units, must be bolivian by birth and meet the requisites set forth in the law. the same requisites are necessary for the vice minister of the ministry of defense. article 248 the supreme council of defense of the pluri-national state, the composition, organization and faculties of which are to be determined by law, shall be presided over by the captain general of the armed forces. article 249 every bolivian shall be obligated to render military service in accordance with the law. article 250 the promotions in the armed forces shall be granted in accordance with the respective law. chapter ii. bolivian police article 251 the bolivian police, as a public force, has the specific mission to defend the society and conserve public order, and to assure compliance with the law in the entire territory of bolivia. it shall carry out the police function in a comprehensive, indivisible manner and under a single command, pursuant to the organic law of the bolivian police and the other laws of the state. as an institution, it does not deliberate nor participate in party political activities, but individually its members enjoy and exercise their rights as citizens, in accordance with the law. article 252 the bolivian police force is subordinate to the president of the state, through the intermediary of the minister of government. article 253 to be designated commander general of the bolivian police, it is necessary to be a bolivian by birth, a general of the institution, and to meet the requisites set forth in the law. article 254 in the event of international war, the forces of the bolivian police shall be subordinated to the commander in chief of the armed forces for the time that the conflict lasts. title viii. international relations, borders, integration and maritime restoration chapter i. international relations article 255 international relations and the negotiation, signing and ratification of international treaties serve the objectives of the state in terms of sovereignty and the interests of the people. the negotiation, signing and ratification of international relations shall be guided by the principles of: independence and equality among states, the no intervention in internal matters and the peaceful resolution of conflicts. rejection and condemnation of all forms of dictatorship, colonialism, neocolonialism and imperialism. defense and promotion of human, economic, social, cultural and environmental rights, with repudiation of all forms of racism and discrimination. respect for the rights of native indigenous rural peoples. cooperation and solidarity among states and peoples. preservation of patrimony, capacity of state management and regulation. harmony with nature, defense of biodiversity, and prohibition of forms of private appropriation for exclusive use and exploitation of plants, animals, microorganisms and any living matter. food security and sovereignty for the entire population; the prohibition of importation, production and commercialization of genetically modified organisms and toxic elements that harm health and the environment. access of the entire population to basic services for their wellbeing and development. preservation of the right of the population to have access to all medications, primarily genetic medications. protection and preference for bolivian production, and promotion of exports with added value. article 256 the international treaties and instruments in matters of human rights that have been signed and/or ratified, or those that have been joined by the state, which declare rights more favorable than those contained in the constitution, shall have preferential application over those in this constitution. the rights recognized in the constitution shall be interpreted in agreement with international human rights treaties when the latter provide more favorable norms. article 257 ratified international treaties are part of domestic law with the force of law. international treaties that involve any of the following matters shall require prior approval by binding popular referendum: questions of borders. monetary integration. structural economic integration. grant of institutional authority to international or supra-national organisms, in the context of processes of integration. article 258 the procedures for approval of international treaties shall be regulated by the law. article 259 any international treaty shall require approval by popular referendum when it is requested by five percent of the citizens registered on the voting rolls, or thirty five percent of the representatives of the pluri-national legislative assembly. these initiatives can be used also to request that the executive organ sign a treaty. the announcement of the convocation of a referendum shall suspend, according to the time periods established by law, the process of ratification of the international treaty until the results are obtained. article 260 the repudiation of the international treaties shall follow the procedures established in the same international treaty, the general norms of international law, and the procedures established in the constitution and the law for its ratification. the repudiation of ratified treaties must be approved by the pluri-national legislative assembly before being executed by the president of the state. the treaties approved by referendum must be submitted to a new referendum prior to their repudiation by the president of state. chapter ii. borders of the state article 261 the territorial integrity, preservation and the development of the border zones are a duty of the state. article 262 the fifty kilometers from the borderline constitute the border zone security. no foreign person, individual or company, may acquire property in this space, directly or indirectly, nor possess any property right in the waters, soil or subsoil, except in the case of state necessity declared by express law approved by two-thirds of the pluri-national legislative assembly. the property or the possession affected in the event of non compliance with this prohibition shall pass to the benefit of the state, without any indemnification. the border zone security is subject to a special legal, economic, administrative and security regime, oriented to promote and prioritize its development and to the guarantee of the integrity of the state. article 263 the defense, security and control of border zone security are the fundamental duty of the armed forces. the armed forces shall participate in the policies of comprehensive and sustainable development of these zones, and shall guarantee their physical presence in them. article 264 the state shall establish a permanent policy of harmonic, comprehensive, sustainable and strategic development of the frontiers, for the purpose of improving the living conditions of its population, and especially the nations and rural native indigenous peoples living on the border. it is the duty of the state to execute policies of preservation and control of the natural resources in the border areas. the regulation of the border system shall be established by law. chapter iii. integration article 265 the state shall promote the relations of social, political, cultural and economic integration with other states, nations and peoples of the world and, in particular, latin american integration, based on the principles of a just, equitable relationship with recognition of asymmetry. the state shall strengthen the integration of its nations and rural native indigenous peoples with the indigenous peoples of the world. article 266 the representatives of bolivia to the supra-state parliamentary bodies emerging from the integration processes shall be elected by universal vote. chapter iv. maritime restoration article 267 the bolivian government declares its inalienable and indefeasible right to the territory that gives access to the pacific ocean and sea space. the effective solution to the maritime dispute through peaceful means and the full exercise of sovereignty over that territory is a permanent and inalienable objective of the bolivian state. article 268 the development of maritime interests, rivers and lakes, and shipping will be the priority of the state and its administration and protection shall be exercised by the bolivian navy, according to the law. part iii. structure and organization of the state territories title i. territorial organization of the state chapter i. general matters article 269 bolivia is organized territorially into departments, provinces, municipalities and rural native indigenous territories. the creation, modification and definition of the territorial units shall be made by the democratic will of their inhabitants, in accordance with the conditions established in the constitution and law. the regions shall form part of the territorial organization, under the terms and conditions determined by law. article 270 the principles that govern territorial organization and the decentralized and autonomous territorial entities are: unity, voluntariness, solidarity, equity, the common good, self government, equality, complementariness, reciprocity, gender equity, subsidiarity, gradualness, coordination and institutional faithfulness, transparency, public participation and control, provision of economic resources and the pre-existence of the nations and rural native indigenous peoples, under the terms established in this constitution. article 271 the framework law of autonomies and decentralization shall regulate the procedures for the following: drafting the autonomous statutes and the organic charters, the transference and delegation of authority, the financial economic system, and the coordination between the central level and the decentralized and autonomous territorial entities. the framework law of autonomies and decentralization shall be approved by two-thirds of the votes of the members of the pluri-national legislative assembly who are present. article 272 autonomy implies the direct election of the authorities by the citizens, the administration of its economic resources, and the exercise of legislative, regulatory, fiscal and executive authority by the organs of the autonomous government in the area of its jurisdiction, competence and authority. article 273 the law shall regulate the formation of the communities among municipalities, regions and rural native indigenous territories for the purpose of achieving their objectives. article 274 in the decentralized departments, the election of the prefects and departmental councils shall be carried out by universal suffrage. these departments may become autonomous departments by referendum. article 275 each deliberative organ of the territorial entities shall draft, in a participatory manner, the proposed statute or organic charter, which must be approved by two-thirds of the total of its members. upon prior constitutional review, it shall enter into force as the basic institutional norm of the territorial entity by means of referendum to approve it in its jurisdiction. article 276 the autonomous territorial entities shall not be subordinate to each other and shall have equal constitutional rank. chapter ii. departmental autonomy article 277 the autonomous departmental government is composed of a departmental assembly, which has deliberative, fiscal, and legislative departmental authority in the area of its competence, and of an executive organ. article 278 the departmental assembly shall be composed of members elected by universal, direct, free, secret and obligatory vote; and by members elected by the nations and rural native indigenous peoples, in accordance with their own norms and procedures. the law shall determine the general criteria for the election of members of the departmental assemblies, taking into account population, territorial, cultural identity and linguistic representation when there are rural native indigenous minorities, and parity and alternation of gender. the statutes of autonomy shall define its application in accordance with the specific reality and conditions of its jurisdiction. article 279 the departmental executive organ is directed by the governor as the highest executive authority. chapter iii. regional autonomy article 280 the region is composed of various municipalities or provinces that have geographic continuity, which cross the borders of departments that share culture, language, history, economy and ecosystems in each department. the region shall constitute an area of planning and management. in exceptional cases, a region can be formed by a single province, which by itself has the characteristics that define a region. metropolitan regions can be formed in the suburbs that are larger than 500,000 inhabitants. the framework law of autonomies and decentralization shall establish the terms and procedures for the orderly and planned formation of the regions. provincial authorities cannot be elected in the areas where regions are formed. at the initiative of the municipalities belonging to it, the region may establish regional autonomy by way of referendum in its jurisdictions. its powers must be conferred by two-thirds of the total votes of the members of the deliberative departmental organ. article 281 the government of each autonomous region shall consist of a regional assembly with deliberative, normative-administrative and supervisory authority within the areas of its competence, and an executive organ. article 282 the members of the regional assembly shall be elected in each municipality, together with the lists of candidates for the municipal councils, in accordance with criterion of population and territory. the region shall draft its statute in a participatory manner, in accordance with the procedures established for autonomous regions. chapter iv. municipal autonomy article 283 the autonomous municipal government shall consist of a municipal council with deliberative, supervisory and legislative municipal authority within the area of its competence; and an executive organ presided over by the mayor. article 284 the municipal council shall be composed of council members elected by universal suffrage. the nations or rural native indigenous peoples in the municipalities, which do not constitute a rural native indigenous autonomy, may elect their representatives to the municipal council directly, pursuant to their own norms and procedures and in accordance with the organic municipal charter. the law shall determine the general criterion for the election and determine the number of municipal council members. the organic municipal charter shall define its application, according to the specific reality and conditions of its jurisdiction. the municipal council may draft the proposed organic charter, which shall be approved according to that set forth in this constitution. chapter v. executive organs of the autonomous governments article 285 to be a candidate for an elective position in the executive organs of autonomous governments, one must satisfy the general conditions for being a public servant, and: have resided permanently in the corresponding department, region or municipality for at least the two years immediately prior to the election. in the case of the election of the mayor and the regional authority, the person must be twenty one years of age. in the case of the election of the prefect or governor, the person must be twenty five years of age. the period of the mandate of the highest executive authorities of the autonomous governments is five years, and he or she may be re-elected once for a continuous mandate. article 286 the temporary substitution of the highest executive authority of an autonomous government shall correspond to the council or assembly, pursuant to the statute of autonomy or the organic charter as the case may be. in the event of the resignation or death, permanent disability, or revocation of the mandate of the highest executive authority of the autonomous government, a new election shall be called, provided that half of the term of the mandate has not elapsed. if half the term has elapsed, the substitute shall be an authority already elected as defined pursuant to the statute of autonomy or the organic charter, as the case may be. chapter vi. legislative, deliberative and supervisory organs of autonomous governments article 287 the candidates for the councils and assemblies of the autonomous governments must satisfy the general conditions for being a public servant, and: have resided permanently in the corresponding jurisdiction for at least two years immediately prior to the election. be eighteen years of age on the day of the election. the election of the assemblies and councils of the autonomous governments shall be carried out with lists that are separate from the election of the executives. article 288 the period of the mandate of the members of the councils and assemblies of the autonomous governments shall be five years, and they may be reelected once for a continuous mandate. chapter vii. rural native indigenous autonomy article 289 rural native indigenous autonomy consists in self-government as an exercise of free determination of the nations and rural native indigenous peoples, the population of which shares territory, culture, history, languages, and their own juridical, political, social and economic organization or institutions. article 290 the formation of rural native indigenous autonomy is based on ancestral territories, currently inhabited by those peoples and nations, and pursuant to the will of their population as expressed through consultation, in accordance with the constitution and the law. the self-governance of the rural native indigenous autonomies is exercised according to their norms, institutions, authorities and procedures, in accordance with their authority and competences, and in harmony with the constitution and the law. article 291 the rural native indigenous autonomies are rural native indigenous territories and the municipalities and regions that adopt that character, pursuant to that established in the constitution and the law. two or more rural native indigenous peoples can form a single rural native indigenous autonomy. article 292 each rural, native, or indigenous autonomy shall draft its statute according to its own norms and procedures, in conformity with the constitution and the law. article 293 the indigenous autonomy, based on consolidated indigenous territories and those undergoing that process and once consolidated, shall be formed by the express will of the population through consultation, as the only necessary requisite, pursuant to their own norms and procedures. if the establishment of an indigenous originary peasant autonomy affects the boundaries of municipal districts, the indigenous originary peasant nation or people and the municipal government must agree on a new district demarcation. if it affects municipal boundaries, a procedure for its approval shall be conducted by the pluri-national legislative assembly, following the fulfillment of the special requirements and conditions provided for by statute. statute shall establish the minimum population requirements and other modalities for the constitution of an indigenous peasant farmer autonomy. to constitute an indigenous originary peasant autonomy extending to territories in one or more municipalities, statute shall determine the articulation, coordination and cooperation mechanisms for the exercise of its government. article 294 the decision to form a rural native indigenous autonomy shall be adopted pursuant to the norms and procedures for consultations, according to the requisites and conditions established in the constitution and the law. the decision to convert a municipality into a rural native indigenous autonomy shall be adopted by referendum, pursuant to the requisites and conditions established by law. a new municipality may be formed by the municipalities where there are rural communities with their own organizational structures, which draw them together and have geographic continuity, following the procedure for its approval before the pluri-national legislative assembly, upon prior compliance with the requisites and conditions set forth in the constitution and the law. article 295 to form a rural native indigenous region that affects municipal boundaries, the procedure before the pluri-national legislative assembly must be followed beforehand, fulfilling the particular requisites and conditions set forth in the constitution and the law. the aggregation of municipalities, municipal districts and/or rural native indigenous autonomies to form a rural native indigenous region, shall be decided by referendum and/or in accordance with their norms and procedures for consultation as the case may be, and pursuant to the requisites and conditions established by the constitution and the law. article 296 the government of the rural native indigenous autonomies is exercised through their own norms and forms of organization, with the name that corresponds to each town, nation or community, as established in their statutes and subject to the constitution and the law. chapter viii. distribution of authority article 297 the authorities defined in this constitution are as follows: prerogative: those that the legislation, regulation and execution of which cannot be transferred or delegated, and which are reserved to the central level of the state. exclusive: those which a level of government has legislative, regulatory and executive authority over a determined subject, the latter two of which may be delegated or transferred. concurrent: those in which the legislation corresponds to the central level of the state, and the other levels exercise simultaneous regulatory and executive authority. shared: those subject to basic legislation of the pluri-national legislative assembly, the legislative development of which corresponds to the autonomous territorial entities, according to its character and nature. the regulation and execution shall correspond to the autonomous territorial entities. every authority which is not included in this constitution shall be attributed to the central level of the state, which may transfer or delegate it by law. article 298 the following are the areas of prerogative authority of the central level of the state: financial system. monetary policy, the central bank, the monetary system, and the policy of foreign exchange. system of measures and weights, as well as the determination of the official time. customs regime. foreign commerce. state security, defense, the armed forces, and the bolivian police. weapons and explosives. foreign policy. nationality, citizenship, laws applicable to foreigners, the right to asylum and refuge. control of the borders in relation to the security of the state. immigration regulation and policies. creation, monitoring and administration of strategic public enterprises at the central level of the state. administration of the pluri-national state patrimony and the patrimony of public entities at the central level of the state. control of air space and air transit throughout the entire national territory. the construction, maintenance, and administration of the international airports and inter-departmental air traffic. the civil registry. the official census. general policy over land and territory and title to them. hydrocarbons. creation of national taxes, rates and special tax contributions of the central level of the state. general policy of biodiversity and environment. substantive and procedural codification in civil, family, criminal, tax, labor, commercial, mining and electoral matters. national economic and planning policy. the central level of the state has exclusive authority over the following: national electoral system for the election of national and sub-national authorities. general communications and telecommunications systems. postal service. strategic natural resources, which include minerals, the electromagnetic spectrum, genetic and biogenetic resources, and water sources. general system of hydraulic resources and services. general system of biodiversity and environment. forestry policy and the general system for soils, forestry and woods. policy of generation, production, control, transmission and distribution of energy en the interconnected system. planning, design, construction, conservation and administration of highways of the fundamental network. construction, maintenance and administration of railroad lines and railroads of the fundamental network. public works of important infrastructure of the central level of the state. elaboration and approval of plans and official cartographic maps; surface maps. elaboration and approval of official statistics. granting of legal status to social organizations that carry out activities in more than one department. granting and registration of legal status to non-governmental organizations, foundations and not for profit civil entities that carry out activities in more than one department. social security system. policies of the educational and health systems. system of real property in obligatory coordination with municipal technical registration. protected areas under the responsibility of the central level of the state. fiscal reserves with respect to natural resources. health and safety of livestock. control of agrarian administration and rural land registry. tax policy. administration of justice. promotion of culture and the conservation of important cultural, historic, artistic, monumental, architectural, archeological, paleontological, scientific, tangible and intangible patrimony at the central level of the state. expropriation of real estate for reasons of public utility and necessity, in accordance with the procedures established by law. centers of information and documentation, archives, libraries, museums, periodical libraries and others of importance of the central level of the state. public enterprises at the central level of the state. rural settlements policies of basic services. labor policies and systems. transportation, ground, air, river and others when they transit more than one department. policies of territorial planning and land registry and regulations. internal and external public debt. general policies of productive development. general housing policies. general tourism policies. regimen for land. the law shall determine the authorities to be transferred or delegated to the autonomies. article 299 the following authorities are exercised in shared form between the central level of the state and the autonomous territorial entities: the departmental and municipal electoral systems. fixed and mobile telephone and telecommunications services. urban electrification. lottery games and gambling. international relations within the framework of the foreign policy of the state. the establishment of forums of citizen conciliation for the resolution of conflicts between neighbors in municipal matters. regulation for the creation and/or modification of taxes that are the exclusive domain of autonomous governments. the following authorities shall be exercised concurrently by the central level of the state and the autonomous territorial entities. to preserve, conserve and contribute to the protection of the environment and the wild fauna maintained in ecological equilibrium, and the control of environmental contamination. management of the health and educational systems. science, technology and research. conservation of soil, forest resources and woods. weather service. electromagnetic frequencies in the areas of their jurisdiction and within the framework of the policies of the state. promotion and administration of hydraulic and energy projects. industrial waste and toxic materials. potable water projects and treatment of solid waste. irrigation projects. protection of basins. administration or river ports. public security. system of government control. housing and public housing. agriculture, livestock, hunting and fishing. article 300 the autonomous departmental governments have exclusive authority over the following in their jurisdictions: to elaborate their statute pursuant to the procedures established in the constitution and the law. to plan and develop human development in their jurisdiction. initiation and convocation of departmental consultations and referenda on matters within their competence. promotion of employment and improvement of working conditions, within the framework of national policies. elaboration and execution of the plans of land registry and regulations and the use of soils, in coordination with the plans at the central level of the state, municipalities and rural native indigenous peoples. projects of generation and transport of energy in isolated systems. planning, design, construction, conservation and administration of highways of the departmental network in accordance with state policies, including those of the fundamental network in the absence of the central level, in accordance with the norms established by the latter. construction and maintenance of rail lines and railroads in the department in accordance with state policies, pursuant to the norms established by the state. inter-provincial ground, river, railroad and other means of transportation en the department. construction, maintenance and administration of the public departmental airports. departmental statistics. to grant legal personality to public organizations that carry out activities in the department. to grant legal personality to non governmental organizations, foundations and not for profit civil entities that carry out activities in the department. services of agricultural health and safety. projects for rural electrification. projects of alternative and renewable sources of energy within the department, preserving food security. sports in the area of its jurisdiction. promotion and conservation of departmental natural patrimony. promotion and conservation of culture, cultural, historic, artistic, monumental, architectural, archeological, paleontological, scientific, tangible and intangible departmental patrimony. departmental tourism policies. projects for departmental infrastructure to support production. creation and administration of taxes of departmental character, the imposition of which is not analogous to national or municipal taxes. creation and administration of fees and special contributions of departmental character. commerce, industry and services for development and competitiveness within the department. expropriation of real estate in its jurisdiction for reasons of public utility and necessity. to elaborate, approve and execute is programs of operation and its budget. fiduciary funds, investment funds and mechanisms of transfer of necessary and inherent resources within its competences. departmental centers of information and documentation, archives, libraries, museums, periodical libraries and others. departmental public enterprises. promotion and development of projects and policies for children and adolescents, women, the elderly and persons with disabilities. promotion and administration of services for productive and agricultural development. elaboration and execution of departmental economic and social development plans. to participate in enterprises of industrialization, distribution and commercialization of hydrocarbons in the departmental territory in association with the national entities of the sector. promotion of private investment in the department within the framework of national economic policies. planning of departmental development in concordance with national planning. administration of its royalties received within the framework of the general budget of the nation, which shall be transferred automatically to the departmental treasury. the autonomous departmental statues may define some of the exclusive authority as concurrent authority with other territorial entities of the department. the competences that may be transferred or delegated will also be of departmental execution. article 301 the region, once constituted as a regional autonomy, shall receive the authority that may be transferred or delegated. article 302 the following are the exclusive authority of the autonomous municipal governments, within their jurisdiction: to draft the municipal organic charter pursuant to the procedures established in this constitution and the law. to plan and promote human development in their jurisdiction. initiative and convocation of municipal consultations and referenda in matters of their competence. promotion of employment and the improvement of working conditions within the framework of national policies. to preserve, conserve and contribute to the protection of the environment and natural resources, wild fauna and domestic animals. elaboration of land registry and regulations plans and the use of soils, in coordination with the plans of the central level of the state, the departments and indigenous levels. to plan, design, construct, conserve and administer roads in coordination with the rural native indigenous villages when necessary. construction, maintenance and administration of local public airports. municipal statistics. urban land registry in the area of their jurisdiction pursuant to the precepts and technical parameters established by the municipal governments. municipal protected areas in accordance with the parameters and conditions established by the municipal governments. projects of alternative and renewable sources of energy, preserving food security within the municipality. to control the quality and sanitation of the elaboration, transport and sale of food products for human and animal consumption. sports in the area of their jurisdiction. promotion and conservation of natural municipal patrimony. promotion and conservation of culture and municipal cultural, historic, artistic, monumental, architectural, archeological, paleontological, scientific, tangible and intangible municipal patrimony. local tourism policies. urban transportation, registration of automobile ownership, road regulation and education, administration and control of urban traffic. creation and administration of municipal taxes, the imposition of which may not be analogous to the national or departmental taxes. creation and administration of fees, certificates for economic activity and special contributions of municipal character. projects for productive infrastructure. expropriation of real property in their jurisdiction for reasons of public utility and necessity, pursuant to the procedures established by law, as well as establishing administrative limitations and right of passage for reasons of technical, legal order and public importance. to elaborate, approve and execute their programs of operation and their budgets. fiduciary funds, investment funds and mechanisms of transference of necessary and inherent resources within the areas of their authority. municipal centers of information, archives, libraries, museums, periodical libraries and others. public municipal enterprises. urban sanitation, management and treatment of solid waste within the framework of state policy. to design, construct, equip and maintain the infrastructure and works of public importance and the assets of municipal dominion, within their jurisdictional territory. urban development and urban settlements. public lighting service of their jurisdiction. promotion of culture and artistic activities in their jurisdiction. public shows and recreational games. urban publicity and announcements. to promote and sign agreements of association or municipal community with other municipalities. agreements and/or contracts with natural or collective persons, public and private, for the development and fulfillment of their powers, authority and purposes. to construct and regulate the municipal guard for contribute to the fulfillment, exercise and execution of their authority as well as compliance with the municipal norms and the resolutions that are issued. policies that guarantee the defense of consumers and users in the municipal area. systems of micro-irrigation in coordination with rural native indigenous villages. promotion and development of projects and policies for children and adolescents, women, the elderly and persons with disabilities. basic services as well as approval of the corresponding fees in their jurisdiction. grains and sharecroppers, in coordination with the rural native indigenous villages, when appropriate. planning of municipal development in accordance with departmental and national planning. to participate in enterprises of industrialization, distribution and commercialization of hydrocarbons in the municipal territory in association with the national entities of the sector. the authorities that may be transferred or delegated to them shall also be executed by municipalities. article 303 the rural native indigenous villages, in addition to their authority, shall assume that of municipalities, in accordance with a process of institutional development and with their own cultural characteristics in conformity with the constitution and the framework law of autonomies and decentralization. the rural native indigenous region shall assume the authority that may be transferred or delegated to it. article 304 the rural native indigenous autonomies shall exercise the following exclusive authorities: to elaborate their statute for the exercise of their autonomy pursuant to the constitution and the law. definition and management of their own forms of economic, social, political, organizational and cultural development, in accord with their identity and the vision of each village. management and administration of renewable natural resources, in accord with the constitution. elaboration of plans of land regulation and land use, in coordination with the plans at the central state, departmental and municipal levels. electrification in isolated places in their jurisdiction. maintenance and administration of local and communal roads. administration and preservation of protected areas within their jurisdiction, within the framework of the policy of the state. exercise of rural native indigenous jurisdiction for the application of justice and the resolution of conflict through their own norms and procedures in accordance with the constitution and the law. sports, leisure activity and recreation. tangible and intangible cultural patrimony. the safeguard, stimulation and promotion of its cultures, art, identity, archeological centers, religious and cultural places, and museums. tourism policies. to create and administer fees, certificates and special contributions in the area of its jurisdiction in accordance with the law. administrate the taxes within its authority in the area of its jurisdiction. to elaborate, approve and execute its programs of operation and its budget. planning and management of territorial occupation. housing, town planning and redistribution of population in accordance with the cultural practices in the area of its jurisdiction. to promote and sign agreements of cooperation with other towns and public and private entities. maintenance and administration of its micro-irrigation systems. stimulation and development of productive activity. construction, maintenance and administration of the infrastructure necessary for development in its jurisdiction. to participate in, develop and execute the mechanisms of prior, free and informed consultations related to the application of legislative, executive and administrative measures that affect them. preservation of the habitat and the landscape, in accordance with its principles, norms, and cultural, technological, special and historical practices. development and practice of democratic institutions pursuant to its own norms and procedures. the rural native indigenous villages can exercise the following shared authority: international exchanges within the framework of the foreign policy of the state. participation and control in the use of grains. the safeguard and registration of collective intellectual property related to knowledge of genetic resources, traditional medicine and germ plasma, in accordance with the law. control and regulation of foreign institutions and organizations that carry out activities in their jurisdiction, which are inherent to the development of their institutions, culture, environment and natural patrimony. the rural native indigenous autonomies may exercise the following concurrent authority: organization, planning and execution of health policy in their jurisdiction. organization, planning and execution of plans, programs and projects related to education, science, technology and research, within the framework of state legislation. conservation of forestry resources, biodiversity and the environment. irrigation systems, hydraulic resources, sources of water and energy, within the framework of state policy, within their territory. construction of micro-irrigation systems. construction of local and communal roads. promotion of the building of productive infrastructure. promotion and stimulation of agriculture and raising of livestock. control and socio-environmental monitoring of the activities of hydrocarbon and mining activities carried out in their jurisdiction. systems of financial control and administration of assets and services. the resources necessary for carrying out their responsibilities shall be transferred automatically by the pluri-national state in accordance with the law. article 305 every assignment or transfer of authority must be accompanied by the determination of the source of economic and financial resources necessary for its exercise. part iv. economic structure and organization of the state title i. economic organization of the state chapter i. general matters article 306 the bolivian economic model is plural and seeks to improve the quality of life and the well being of all bolivians. the plural economy is composed of forms of community, state, private and public cooperative economic organization. the plural economy articulates different forms of economic organization based on the principles of complementariness, reciprocity, solidarity, redistribution, equality, legal security, sustainability, equilibrium, justice and transparency. the forms of economic organization recognized in this constitution may form joint ventures. the state places the highest value on human beings and assures development through the equitable redistribution of economic surplus in the social policies of health, education, culture, and the re-investment in productive economic development. article 307 the state shall recognize, respect, protect and promote community economic development. this form of community economic organization includes productive and reproductive systems of public life, founded on the principles and visions of the nations and rural native indigenous peoples. article 308 the state recognizes, respects and protects private initiative that contributes to the economic and social development and the strengthening of economic independence of the country. free enterprise and full exercise of business activities, which shall be regulated by law, are guaranteed. article 309 the form of state economic organization includes the enterprises and other economic entities that are state property, which shall comply with the following objectives: to administer property rights over natural resources on behalf of the bolivian people, and to exercise strategic control of the productive chain and industrialization of these resources. to manage basic services of potable water and sewer systems directly or by means of public, community, cooperative or mixed enterprises. to directly produce goods and services. to promote economic democracy and achieve the food sovereignty of the population. to guarantee public participation and control over its organization and management, as well as the participation of workers in decision making and in the profits. article 310 the state recognizes and protects the cooperatives as forms of solidarity and cooperation, which are not for profit. the organization of cooperatives shall be promoted primarily in production activities. article 311 all forms of economic organization established in this constitution shall enjoy equality before the law. the pluralistic economy includes the following aspects: the state shall exercise total direction of economic development and the processes of planning. the natural resources are the property of the bolivian people and shall be managed by the state. individual and collective property rights in land shall be respected and guaranteed. agriculture, raising of livestock, as well as hunting and fishing not involving protected species, are activities that are governed by part four of this constitution relating to the economic structure and organization of the state. the industrialization of natural resources to overcome dependence on the export of raw materials and to achieve an economy with a productive base, within the framework of sustainable development in harmony with nature. the state may intervene in every part of the chain of productivity in the strategic sectors, seeking to guarantee its supply in order to preserve the quality of life of all bolivians. respect for enterprise initiative and legal security. the state shall stimulate and promote the community area of the economy as a supportive alternative in rural and urban areas. article 312 every economic activity must contribute to the strengthening of the economic sovereignty of the country. the private accumulation of economic power to the degree that it might endanger the economic sovereignty of the state shall not be permitted. all forms of economic organization have the obligation to generate dignified work and to contribute to the reduction of inequalities and to the eradication of poverty. all forms of economic organization have the obligation to protect the environment. article 313 to eliminate poverty and social and economic exclusion, and in order to achieve well being in its multiple dimensions, the economic organization of bolivia has the following goals: the generation of social wealth within the framework of respect for individual rights, as well as the rights of the peoples and nations. the fair production, distribution and redistribution of wealth and economic surplus. the reduction of inequality of access to productive resources. the reduction of regional inequalities. the productive development of the industrialization of natural resources. the active participation of the public and community economies in the productive apparatus. article 314 private monopolies and oligopolies are prohibited, as well as any other form of association or public or private legal agreement by bolivian or foreign persons, who attempt to control and have exclusivity over production and commercialization of goods and services. article 315 the state recognizes the title to land of all legal persons that are legally constituted in the national territory, provided that it be used to fulfill the objective of the creation of an economic agent, the generation of employment, and the production and commercialization of goods and/or services. the legal persons mentioned in the paragraph above that are formed after the adoption of the present constitution shall have a corporate structure with the number of owners no less than the division of the total surface by five thousand hectares, rounding up the result to the immediately higher whole number. chapter ii. function of the state in the economy article 316 the function of the state in the economy consists of the following: to conduct the process of economic and social planning, with the participation of, and in consultation with, the citizens. the law shall establish a system of comprehensive state planning, which shall incorporate all the territorial entities. to direct the economy and to regulate the processes of production, distribution and commercialization of goods and services, according to the principles established in this constitution. to exercise the direction and control of the strategic sectors of the economy. to directly participate in the economy by way of incentive and the production of economic and social goods and services in order to promote economic and social equity, and to stimulate development, preventing oligopolistic control of the economy. to promote the integration of different economic forms of production, with the objective of achieving economic and social development. to promote primarily the industrialization of renewable and nonrenewable natural resources, within the framework of respect for and protection of the environment, in order to guarantee the generation of employment and the economic and social consumption of the population. to promote policies of equitable distribution of wealth and of the economic resources of the country, for the purpose of preventing inequality, social and economic exclusion, and to eradicate poverty in its multiple dimensions. to establish state monopoly over productive and commercial activities that are considered indispensable in the event of pubic need. to periodically formulate, with the participation of and in consultation with the citizenry, the general development plan, the execution of which is obligatory for every form of economic organization. to administer economic resources for research, technical assistance and transfer of technology to promote productive activities and industrialization. to regulate aeronautic activity in the air space of the country. article 317 the state shall guarantee the creation, organization and performance of a participatory planning entity that includes representatives of the public institutions and organized civil society. chapter iii. economic policies article 318 the state shall determine the policy for industrial and commercial production that guarantees a sufficient supply of goods and services to adequately cover basic domestic needs and to strengthen export capacity. the state recognizes and shall prioritize support for the organization of associative structures of micro, small and medium productive enterprises, both urban and rural. the state shall strengthen the productive, manufacturing and industrial infrastructure and basic services for the productive sector. the state shall prioritize the promotion of rural productive development as fundamental to the development policies of the country. the state shall promote and support the export of value added goods and of services. article 319 the industrialization of natural resources shall be a priority in the economic policies, within the framework of respect for and protection of the environment and of the rights of the rural native indigenous nations and peoples and their territories. the articulation of the exploitation of natural resources with internal productive apparatus shall be a priority in the economic policies of the state. in setting the price for the commercialization of strategic natural and energy resources, the state shall consider taxes, royalties and the corresponding participations that must be paid to the public treasury. article 320 bolivian investment shall take priority over foreign investment. every foreign investment shall submit to bolivian jurisdiction, laws and authorities, and no one may cite an exceptional situation, nor appeal to diplomatic claims to obtain a more favorable treatment. the economic relations with foreign states or enterprises shall be carried out under conditions of independence, mutual respect and equity. more favorable conditions may not be granted to foreign states or enterprises than those established for bolivians. the state acts independently in all of its decisions on internal economic policy, and shall not accept demands or conditions imposed on this policy by states, banks or bolivian or foreign financial institutions, multilateral entities or transnational enterprises. the public policies shall promote internal consumption of products made in bolivia. section i. fiscal policy article 321 the economic and financial administration of the state and all of the public entities is governed by its budget. the determination of expenses and public investment shall be made by means of participatory mechanisms involving the citizenry, technical planning and the state executive. the allocations shall attend especially to education, health, nutrition, housing and productive development. the executive organ shall present to the pluri-national legislative assembly, at least two months before the end of each fiscal year, the proposed law of the general budget for the following term, which shall include all of the entities of the public sector. every bill that implies expenses or investments for the state must establish the source of the funding, the way in which they will be covered, and the manner of their investment. if the bill was not presented by initiative of the executive organ, it requires prior consultation with it. the executive organ, through the ministry of the relevant branch, shall have direct access to the information concerning the expenses that are budgeted and spent in every public sector. this access shall include information on the expenses budgeted and spent by the bolivian armed forces and police. article 322 the pluri-national legislative assembly shall authorize the contracting of public debt when the capacity to generate revenue to cover the capital and interest is demonstrated, and when the most advantageous conditions in the rates, payment schedules, amounts and other circumstances are technically justified. public debt may not include obligations that have not been authorized and expressly guaranteed by the pluri-national legislative assembly. article 323 the fiscal policy is based on the principles of economic capacity, equality, progressiveness, proportionality, transparency, universality, control, administrative simplicity and ability to collect. the taxes which belong to the national tax domain shall be approved by the pluri-national legislative assembly. the taxes that belong to the exclusive domain of the departmental or municipal autonomies, shall be approved, modified or eliminated by their councils or assemblies at the request of the executive organs. the tax domain of the decentralized departments and regions shall be made up of departmental taxes, fees and special contributions, respectively. the pluri-national legislative assembly shall classify and define the taxes that by law belong to the national, departmental and municipal tax domains. the creation, suppression or modification of taxes under the dominion of the autonomous governments with taxing authority, shall be effected under the following limitations: no taxes may be created that impose taxes which are analogous to those corresponding to existing national taxes or other departmental or municipal taxes, independently of the tax domain to which they belong. no taxes may be created that encumber goods, economic activity or patrimony outside of their territorial jurisdiction, except revenues generated by their citizens or enterprises outside of the country. this prohibition extends to fees, certificates and special contributions. no taxes may be created that impede the free circulation and establishment of persons, assets, activities or services within the territorial jurisdiction. this prohibition extends to fees, certificates and special contributions. no taxes may be created that generate privileges for residents in a discriminatory manner. this prohibition extends to fees, certificates and special contributions. article 324 the debts for economic damages caused to the state never expire. article 325 illicit economic activity, speculation, hoarding, money changing, usury, contraband, tax evasion and other related economic crimes shall be punished by the law. section ii. monetary policy article 326 the state, through the executive organ, shall determine the goals of the monetary and exchange policies of the country in coordination with the central bank of bolivia. public transactions in the country shall be carried out in the national currency. article 327 the central bank of bolivia is an institution of public law, with its own legal personality and patrimony. within the framework of the economic policy of the state, it is the function of the central bank of bolivia to maintain stability of the internal purchasing power of the currency in order to contribute to the economic and social development. article 328 in addition to those set forth in the law, the powers of the central bank of bolivia, in coordination with the economic policy determined by the executive organ, are as follows: to determine and execute the monetary policy. to execute the exchange policy. to regulate the system of payments. to authorize the issuance of currency. to manage the international reserves. article 329 the board of directors of the central bank of bolivia shall be composed of a president and five directors designated by the president of the state from lists of candidates presented by the pluri-national legislative assembly for each one of the positions. the members of the board of directors of the central bank of bolivia shall have terms of five years, and are not eligible for re-election. they shall be considered public servants, pursuant to the constitution and the law. the specific requisites for the position shall be determined by law. the members of the board of directors of the central bank of bolivia shall report and give accounts on the performance of the institution as often as requested by the pluri-national legislative assembly or its chambers. the central bank of bolivia shall deliver an annual report to the legislative assembly and is subject to the governmental and fiscal system of control of the state. section iii. financial policy article 330 the state shall regulate the financial system based on criterion of equality of opportunity, solidarity, equitable distribution and redistribution. the state, through its financial policy, shall prioritize the demand for financial services of the sectors of micro and small enterprises, artisans, commerce, service, community organizations and production cooperatives. the state shall stimulate the creation of non bank financial entities for the purpose of socially productive investment. the central bank of bolivia and the public entities and institutions shall not recognize the debts of private banks or financial entities. these banks and entities have the obligation to contribute to and strengthen a fund for financial restructuring, which shall be used in the event of bank insolvency. the financial operations of the public administration, at the different levels of government, shall be carried out by a public banking entity. the law shall provide for its creation. article 331 the activities of financial intermediation, the provision of financial services and any other activities related to the management, use and investment of savings, are matters of public interest and may only be exercised with prior authorization of the state, in accordance with the law. article 332 the financial entities shall be regulated and supervised by an institution of banking and financial entity regulation. this institution shall be a public law institution and shall have jurisdiction in the entire territory of bolivia. the highest authority of the institution for banking and financial entity regulation shall be designated by the president of the state from among a list of candidates proposed by the pluri-national legislative assembly, in accordance with the procedure established by the law. article 333 the financial operations carried out by natural or legal persons, whether by bolivians or foreigners, shall enjoy the right of confidentiality, except in judicial procedures in cases of the alleged commission of financial crimes, those in which fortunes are being investigated and others defined by the law. the entities, which are designated by law to investigate such cases, shall have the authority to obtain information about said financial operations without the need for judicial authorization. section iv. sector policies article 334 in the context of sectoral policies, the state shall protect and promote: the rural economic organizations, and the associations or organizations of small urban producers and artisans, as supportive and reciprocal alternatives. the economic policy shall facilitate access to technical training and technology, to credits, to the opening of markets, and the improvement of productive processes. the guild sector, the self-employed, and retail commerce, in the areas of production, services and sales, shall be strengthened by means of access to credit and technical assistance. production of crafts with cultural identity. the micro and small enterprises, as well as the rural economic organizations, and organizations or associations of small producers, which shall enjoy preference in the purchases made by the state. article 335 the public service cooperatives shall be non profit organizations of collective interest and submitted to governmental control, and they shall be administered democratically. the election of their administrative and supervisory authorities shall be carried out according to their own statutory norms and supervised by the pluri-national electoral organ. their organization and operation shall be regulated by law. article 336 the state shall provide support to community economic organizations so that they may receive credits and financing. article 337 tourism is a strategic economic activity, which must be developed in a sustainable manner that takes into account respect for the treasures of the culture and the environment. the state shall promote and protect community tourism with the objective of benefiting urban and rural communities, and the rural native indigenous nations and peoples where this activity is carried out. article 338 the state recognizes the economic value of housework as a source of wealth, and it shall be quantified in public accounts. chapter iv. assets and resources of the state and their distribution article 339 the president of the republic may only decree payments that are not authorized by the budget law in order to attend to necessities, which cannot be delayed, arising from public calamities, internal disturbance or the exhaustion of resources destined to maintain services, the paralysis of which would cause serious harm. the expenses destined for these objectives shall not exceed one percent of the total expenditures authorized by the general budget. the assets that are state patrimony and those of public entities are property of the bolivian people, and they may not be violated, attached, limited or expropriated; they may not be employed to the benefit of any individual. their description, inventory, administration, disposition, obligatory registration, and the kinds of claims shall be regulated by law. the income of the state shall be invested pursuant to the general economic and social development plan of the country, the general budget of the state and the law. article 340 state revenue is divided into revenue of the nation, departments, municipalities and the rural native indigenous peoples, and it shall be invested independently by their treasuries, pursuant to their respect budgets. the law shall classify the national, departmental and municipal income and that of the rural native indigenous peoples. the departmental and municipal resources, and those of the rural native indigenous autonomies, and the judicial and university resources, which are collected by dependent offices at the national level, shall not be centralized in the national treasury. the national executive organ shall establish the norms for the elaboration and presentation of the proposed budgets of the entire public sector, including the autonomies. article 341 the following are the resources of departments: the departmental royalties created by law. participation in the revenue derived from taxes on the hydrocarbons, according to the percentages set forth in the law. taxes, fees, special contributions and departmental certificates on natural resources. the transfers from the general treasury of the nation which are allocated to cover the expenses of personal health, education and social assistance. the extraordinary transfers of the general treasury of the nation, in the cases established in article 339.i of this constitution. the internal and foreign credits and loans contracted pursuant to the norms of public debt of the system of the national treasury and public credit. the income derived from the sale of goods, services and the sale of assets. bequests, donations and other similar income. title ii. environment, natural resources, land and territory chapter i. environment article 342 it is the duty of the state and the population to conserve, protect and use natural resources and the biodiversity in a sustainable manner, as well as to maintain the equilibrium of the environment. article 343 the population has the right to participate in environmental management, and to be consulted and informed prior to decisions that could affect the quality of the environment. article 344 the manufacture and use of chemical, biological and nuclear weapons on bolivian territory is prohibited, as well as the internment, transit and deposit of nuclear and toxic wastes. the state shall regulate the internment, production, sale and employment of techniques, methods, supplies and substances that affect health and the environment. article 345 the policies of environmental management are based on the following: participatory planning and management, with public control. the application of systems of evaluation of environmental impact and control of the quality of the environment, without exception and in a way that traverses all activity of production of goods and services that use, transform or affect natural resources and the environment. liability for the conducting of any activity that produces environmental harm; civil, criminal and administrative penalties for non compliance with the norms for the protection of the environment. article 346 the natural assets are of public importance and of strategic character for the sustainable development of the country. their conservation and use for the benefit of the population shall be the responsibility and exclusive authority of the state, and sovereignty over natural resources may not be compromised. the law shall establish the principles and disposition for its management. article 347 the state and the society shall promote the mitigation of harmful effects on the environment and of the environmental contamination and damage that affect the country. liability will be declared for damage to historic environments, and liability for environmental crimes shall not lapse. those who carry out activities that impact the environment must, at all stages of production, avoid, minimize, mitigate, remediate, repair and make compensation for the harms caused to the environment and the health of persons, and shall establish the security measures necessary to neutralize the possible effects of environmental contamination and damage. chapter ii. natural resources article 348 minerals in all of their states, the hydrocarbons, water, air, soil and the subsoil, the forests, the biodiversity, the electromagnetic spectrum and all the elements and physical forces capable of use, are considered natural resources. the natural resources are of strategic character and of public importance for the development of the country. article 349 the natural resources are the property and direct domain, indivisible and without limitation, of the bolivian people, and their administration corresponds to the state on behalf of the collective interest. the state shall recognize, respect and grant individual and collective ownership rights to land, as well as the rights to use and enjoyment of natural resources. agriculture, livestock, as well as the activities of hunting and fishing that do not involve protected animal species, are activities that are governed by that which is established in part four of this constitution related to the economic organization and structure of the state. article 350 any title granted over fiscal reserves shall be null and void, except by express authorization for state necessity and public utility, in accordance with the law. article 351 the state, shall assume control and direction of the exploration, exploitation, industrialization, transport and sale of strategic natural resources through public, cooperative or community entities, which may in turn contract private enterprises and form mixed enterprises. the state shall sign contracts of association with legal persons, bolivian or foreign, for the use of natural resources. it must assure the reinvestment of economic profits in the country. the management and administration of natural resources shall be carried out guaranteeing social participation and control in the design of the sector policies. mixed enterprises may be established for the management and administration, with representation of the state and society, and the collective welfare shall be safeguarded. private enterprises, whether bolivian or foreign, shall pay taxes and royalties when they take part in the exploitation of natural resources, and the payments that might be made shall not be reimbursable. the royalties for the use of natural resources are a right and a compensation for their exploitation, and they shall be regulated by the constitution and the law. article 352 the exploitation of natural resources in a determined territory shall be subject to a process of consultation with the affected population, called by the state, which shall be free, prior in time and informed. citizen participation is guaranteed in the process of the management of the environment, and the conservation of ecosystems shall be promoted, in accordance with the constitution and the law. in the nations and rural native indigenous peoples, the consultation will be carried out with respect given to their own norms and procedures. article 353 the bolivian people shall have equitable access to the benefits which come from the use of all the natural resources. priority participation shall be assigned to the territories where these resources are found, and to the nations and rural native indigenous peoples. article 354 the state shall develop and promote research related to the management, conservation and use of natural resources and to biodiversity. article 355 the industrialization and sale of natural resources shall be a priority of the state. the profits obtained from the exploitation and sale of the natural resources shall be distributed and reinvested to promote economic diversification in the different territorial levels of the state. the percentage of profits to be distributed shall be approved by the law. the processes of industrialization shall be carried out with preference given to the place of origin of the production, and conditions shall be created which favor competitiveness in the internal and international market. article 356 the activities of exploration, exploitation refining, industrialization, transport and sale of nonrenewable natural resources shall have the character of state necessity and public utility. article 357 since it is social property of the bolivian people, no foreign person or enterprise, nor any private bolivian person or enterprise, may register the property title to bolivian natural resources in stock markets, nor can they use them as means for financial operations that grant title to or use them as security. the annotation and registry of reserves is the exclusive authority of the state. article 358 the rights to the use and exploitation of natural resources shall be subject to the constitution and the law. these rights shall be subject to periodic review for compliance with the technical, economic and environmental regulations. the violation of the law shall lead to the reversion or nullification of the rights of use and exploitation. chapter iii. hydrocarbons article 359 the hydrocarbons, in whatever state they are found or form in which they are, are the inalienable and unlimited property of the bolivian people. the state, on behalf of and in representation of the bolivian people, is owner of the entire hydrocarbon production of the country and is the only one authorized to sell them. the totality of the income received by the sale of hydrocarbons shall be the property of the state. no contract, agreement or convention, whether direct or indirect, tacit or express, may violate totally or partially that which is established in this article. in the event of violation, the contracts shall be null and void as a matter of law, and those who have agreed to, signed, approved or executed them, have committed the crime of treason. article 360 the state shall define the policy for hydrocarbons, shall promote their comprehensive, sustainable and equitable development, and shall guarantee energy sovereignty. article 361 yacimientos petroliferos fiscales bolivianos (ypfb) is a self-sufficient enterprise of pubic law, which cannot be subject to attachment, with autonomy of administrative, technical and economic management, within the framework of the state hydrocarbon policy. ypfb, under the legal protection of the ministry of the branch and as the operative arm of the state, is the only one authorized to carry out activities in the productive chain of hydrocarbons and their sale. ypfb may not transfer its rights or obligations in any form or modality, whether tacit or express, direct or indirectly. article 362 the ypfb is authorized to sign contracts for services with public, mixed or private enterprises, bolivian or foreign, so that said enterprises, in their name and representation, carry out determined activities in the productive chain in exchange for compensation or payment for their services. in no case may the signing of these contracts signify losses for ypfb or the state. the contracts referring to activities of exploration and exploitation of hydrocarbons must have prior authorization and express approval of the pluri-national legislative assembly. in the event this authorization is not obtained, they shall be null and void as a matter of law, without the necessity of a judicial or extra-judicial declaration. article 363 the bolivian enterprise of hydrocarbon industrialization (ebih) is a self sufficient, public law enterprise, with autonomy in its administrative, technical and economic management, under the legal protection of the ministry of the branch and the ypfb, which acts in the area of state hydrocarbon policy. ebih, in representation of the state and within its territory, shall be responsible for carrying out the industrialization of the hydrocarbons. ypfb may form associations or mixed economic enterprises for the execution of the activities of exploration, exploitation, refining, industrialization, transport and sale of hydrocarbons. in these associations and companies, ypbf must have a shareholder participation of no less than fifty one percent of the total capital of the company. article 364 ypfb, on behalf and in representation of the bolivian state, shall operate and exercise property rights in the territories of other states. article 365 a self-sufficient institution of public law, with autonomy in its administrative, technical and economic management, under the legal protection of the ministry of the branch, it shall be responsible for the regulations, control, supervision and fiscal control of the activities of the entire productive chain up to industrialization, within the framework of the state hydrocarbon policy, in accordance with the law. article 366 every foreign enterprise that carries out activities in the chain of production of hydrocarbons in name and representation of the state shall submit to the sovereignty of the state, and to the laws and authority of the state. no foreign court case or foreign jurisdiction shall be recognized, and they may not invoke any exceptional situation for international arbitration, nor appeal to diplomatic claims. article 367 the exploitation, consumption and sale of hydrocarbons and its derivatives must be subjected to a policy of development that guarantees internal consumption. the exportation of the excess production shall incorporate the greatest quantity of value added possible. article 368 the departments that are producers of hydrocarbons shall receive a royalty of eleven percent of their audited departmental production of hydrocarbons. similarly, the non producer departments of hydrocarbons and the general treasury of the state shall obtain a participation in the percentages, which shall be fixed by a special law. chapter iv. mining and metalurgy article 369 the state shall be responsible for the mineralogical riches that are found in the soil and subsoil, whatever may be their origin, and their application shall be regulated by law. the private mining industry and cooperative companies shall be recognized as productive actors of the state mining industry. the non metallic natural resources existing in the salts, brines, evaporations, sulfurs and others substances are of strategic character for the country. the direction of the mining and metallurgy policy is the responsibility of the state, as well as the stimulation, promotion and control of mining activity. the state shall exercise control of and audit the entire productive chain of mining and of the activities developed by the owners of mining rights, mining contracts or pre-existing rights. article 370 the state shall grant mining rights in the entire chain of production, and it shall sign mining contracts with individual and collective persons upon prior compliance with the norms established in the law. the state shall promote and strengthen cooperative mines so that they contribute to the social economic development of the country. the mining rights in the entire chain of production as well as mining contracts must fulfill a social economic function, carried out directly by their owners. mining rights, which include investments and prospecting, exploration, exploitation, concentration, industrialization or sale of minerals and metals, are controlled by the owners. the law shall define the extent of this right. the mining contract shall obligate the beneficiaries to develop mining activities to satisfy the social economic interest. the failure to fulfill this obligation shall lead to the immediate dissolution of the contract. the state, through self-sufficient entities, shall promote and develop policies for the administration, prospecting, exploration, exploitation, industrialization, commercialization, and for technical, geological and scientific information and evaluation of non-renewable natural resources for mining development. article 371 the areas of mining exploitation granted by contract are not transferable, not attachable, and cannot pass by hereditary succession. the legal domicile of the mining enterprises shall be established in the local jurisdiction where the greatest amount of mining exploitation is carried out. article 372 the nationalized mining groups, their industrial plants and their foundries are the property of the people, which cannot be transferred or adjudicated as property of private enterprises pursuant to any title. the high level direction and administration of the mining industry shall be entrusted to a self sufficient entity with the attributes that are determined by the law. the state shall participate in the industrialization and sale of mineralogical, metallic and non metallic resources, as regulated by law. the new self-sufficient enterprises created by the state shall establish their legal domicile in the departments of greatest mining production, potosi and oruro. chapter v. water resources article 373 water constitutes a fundamental right for life, within the framework of the sovereignty of the people. the state shall promote the use and access to water on the basis of principles of solidarity, complementariness, reciprocity, equity, diversity and sustainability. water resources in all their states, surface and subterraneous, constitute finite, vulnerable, strategic resources, and serve a social, cultural and environmental function. these resource cannot be the object of private appropriation and they, as well as water services, shall not be given as concessions and are subject to a system of licensing, registration and authorization pursuant to the law. article 374 the state shall protect and guarantee the priority use of water for life. it is the duty of the state to manage, regulate, protect and plan the adequate and sustainable use of water resources, with social participation, guaranteeing access to water for all the habitants. the law shall establish the conditions and limitations of all the uses. the state shall recognize, respect and protect the uses and customs of the community, of its local authorities and the rural native indigenous organizations over the right, management and administration of sustainable water. the fossil, glacial, wetland, subterraneous, mineral, medicinal and other waters are priorities for the state, which must guarantee its conservation, protection, preservation, restoration, sustainable use and complete management; they are inalienable, not attachable and cannot be limited. article 375 it is the duty of the state to develop plans for the use, conservation, management and sustainable exploitation of the river basins. the state shall regulate the management and sustainable administration of the water resources and the basins for irrigation, food security and basic services, respecting the uses and customs of the communities. it is the duty of the state to carry out the studies for the identification of fossil waters and their consequent protection, management and sustainable administration. article 376 water resources of the rivers, lakes and lagoons that form the water basins are considered strategic resources for the development and sovereignty of bolivia because of their potential, for the variety of natural resources that they contain, and because they are a fundamental part of the ecosystems. the state shall avoid actions in the sources and intermediary zones of rivers that may cause damages to the ecosystems or diminish the flow volume, shall preserve the natural state, and shall watch over the development and welfare of the population. article 377 every international treaty on water resources that the state signs shall guarantee the sovereignty of the country and shall prioritize the interest of the state. the state shall safeguard permanently the border and trans border waters for the conservation of the water riches that contribute to the integration of peoples. chapter vi. energy article 378 the different forms of energy and their sources constitute a strategic resource; access to them is a fundamental and essential right for full development and the social development of the country; and they shall be governed by the principles of efficiency, continuity, adaptability, and environmental preservation. it is the exclusive authority of the state to develop the chain of energy production in the phases of generation, transport, and distribution, by means of public, mixed enterprises, non profit institutions, cooperatives, private enterprises, and community and social enterprises, with public participation and control. the chain of energy production may not be held exclusively by private interests, nor may it be licensed. private participation shall be regulated by law. article 379 the state shall develop and promote research, as well as the use of new forms of the production of alternative energy, compatible with the conservation of the environment. the state shall guarantee the generation of energy for internal consumption; the export of excess energy must anticipate the reserves necessary for the country. chapter vii. biodiversity, coca, protected areas and forest resources section i. biodiversity article 380 the renewable natural resources shall be exploited in a sustainable way, respecting the characteristics and natural value of each ecosystem. in order to guarantee ecological equilibrium, the land must be used in accordance with its capacity for greater use within the framework of the process of the organization of use and occupation of lands, taking into account their biophysical, socioeconomic, cultural characteristics, and institutional policies. article 381 native animal and vegetable species are natural assets. the state shall establish the measures necessary for their conservation, exploitation and development. the state shall protect all genetic and micro-organic resources, which are found in the ecosystems of the territory, as well as the knowledge associated with their use and exploitation. for their protection, a system of registry that safeguards their existence shall be established, as well as a registry of the intellectual property in the name of the state or the local individuals who claim it. the state shall establish procedures for protection under the law of all those resources that are not registered. article 382 the state has the authority and duty to defend, recover, protect and repatriate biological material derived from natural resources, from ancestral knowledge and other sources that originate within the territory. article 383 the state shall establish measures for the partial or total, temporary or permanent, restriction of the uses of extracts from the resources of biodiversity. the measures shall be directed toward the need to preserve, conserve, recover and restore the biodiversity at risk of extinction. illegal possession, handling and trafficking of species of biodiversity shall be criminally punished. section ii. coca article 384 the state protects the native and ancestral coca as cultural patrimony, as a renewable natural resource of the biodiversity of bolivia, and as a factor of social unity. in its natural state coca is not a narcotic. the revaluation, production, sale and industrialization of coca shall be governed by law. section iii. protected areas article 385 the protected areas constitute a common good, and they form part of the natural and cultural patrimony of the country. they perform environmental, cultural, social and economic functions for sustainable development. wherever rural native indigenous protected areas and territories are recovered, shared management shall be undertaken, subject to the norms and procedures of the rural native indigenous nations and peoples, and respecting the goal of creating these areas. section iv. forest resources article 386 the natural forests and woodlands are strategic for the development of the bolivian people. the state shall recognize the rights to exploit the forests for the benefit of communities and individual traders. in addition, it shall promote activities of conservation and sustainable exploitation, the generation of added value to its products, and the rehabilitation and reforestation of degraded areas. article 387 the state shall guarantee the conservation of natural forests in the areas of native forests, their sustainable exploitation, and the conservation and recovery of the flora, fauna, and degraded areas. the law shall regulate the protection and exploitation of the species of trees that have socioeconomic, social and ecological importance. article 388 the rural native indigenous communities located within forest areas shall have the exclusive right to their exploitation and their management, in accordance with the law. article 389 the conversion of tree-covered land to agricultural and other uses, shall only be carried out in areas legally allocated for that use, in accordance with the planning policies and in accordance with the law. the law shall determine the ecological rights of way and zoning for internal uses in order to guarantee the long term conservation of the land and bodies of water. every conversion of land in areas not classified for such purposes shall constitute a punishable infraction and shall give rise to the obligation to repair the damages caused. chapter viii. amazonia article 390 because of its high environmental sensitivity, existing biodiversity, water resources and for the eco-regions, the bolivian amazonia basin constitutes a strategic area of special protection for the comprehensive development of the country. the bolivian amazonia includes the entire department of pando, iturralde province of the department of la paz and the provinces of vaca diez and ballivan of the department of beni. the full development of the bolivian amazonia, as a territorial area of tropical rain forests, in accordance with the specific characteristics of the extract and harvesting resources, shall be governed by a special law in benefit of the region and the country. article 391 the state shall prioritize the sustainable, integral development of the bolivian amazonia, through a comprehensive, participatory, shared and equitable administration of the amazon jungle. the administration shall be directed to the generation of employment and the improvement of the income of its inhabitants, within the framework of protection and sustainability of the environment. the state shall encourage access to financing for tourism, eco-tourism and other initiatives of regional enterprise. the state, in coordination with the rural native indigenous authorities and the inhabitants of the amazonia, shall create a special, decentralized organ, with headquarters in the amazonia, to promote its own activities in the region. article 392 the state shall implement special policies to benefit the rural native indigenous nations and peoples of the region in order to generate the necessary conditions for the reactivation, encouragement, industrialization, commercialization, protection and conservation of traditional extract products. the historical cultural and economic value of the siringa and the castano, symbols of the bolivian amazonia, is recognized, and cutting them down shall be punished, except in cases of public interest as regulated by the law. chapter ix. land and territory article 393 the state recognizes, protects and guarantees individual and communitarian or collective property of land, as long as it fulfills a social purpose or social economic purposes, as the case may be. article 394 individual agrarian property is classified as small, medium and business, according to the surface area, the production, and the development criteria. its maximum and minimum dimensions, characteristics and forms of conversion shall be regulated by law. legally acquired rights by individual owners, whose piece of land is inside rural native indigenous territories, are guaranteed. the small property is indivisible; it constitutes a family asset that cannot be attached, and it is not subject to agrarian property taxes. the indivisibility does not affect the right of hereditary succession under conditions established by law. the state recognizes, protects and guarantees communitarian or collective property, which includes rural native indigenous territory, native, intercultural communities and rural communities. collective property is indivisible, may not be subject to prescription or attachment, is inalienable and irreversible, and it is not subject to agrarian property taxes. communities can be owners, recognizing the complementary character of collective and individual rights, respecting the territorial unity in common. article 395 the lands that are taken over shall be given to rural native indigenous peoples, intercultural indigenous communities, afro-bolivian and rural communities, which do not possess them or have insufficient lands, in accordance with state policy concerned with the ecological and geographic realities, as well as the population, social, cultural and economic necessities. the endowment shall be carried out according to the policies of sustainable rural development and the right of women to access, distribution and redistribution of land, without discrimination based on civil status or marital union. double endowment, the purchase and sale, and exchange and donation of lands delivered by endowment are prohibited. since it is contrary to the collective interest, the obtaining of income generated by the speculative use of the land is prohibited. article 396 the state shall regulate the land market, preventing the accumulation of surface areas greater than that recognized by law, as well as its division into surfaces areas less than that established for small property. foreigners may not acquire lands of the state under any title whatsoever. article 397 work is the fundamental means by which agrarian property is acquired and maintained. properties must be used to serve a social purpose or a social economic purpose in order to safeguard the right to them, depending on the nature of the property. social purpose shall be understood to mean the sustainable exploitation of the land by peoples and rural native indigenous communities, as well as that carried out in small properties, and it constitutes the source of subsistence and welfare and socio-cultural development of its owners. the norms of the communities are recognized in the fulfillment of social purpose. the social economic purpose must be understood as the sustainable use of the land in the development of productive activities, in accordance with its capacity for extended use, for the benefit of the society, the collective interest and its owner. the corporate property is subject to review in accordance with the statute, to verify the compliance with the social economic purpose. article 398 latifundio and double title are prohibited because they are contrary to the collective interest and development of the country. latifundio is understood to mean the non-productive holding of land; the land that does not fulfill a social economic function; the exploitation of land that applies a system of servitude, quasi-slavery and slavery in labor relations; or the property that surpasses the maximum surface area established in the law. in no case may the maximum surface exceed five thousand hectares. article 399 the new limits of zoned agrarian property shall be applied to pieces of land that have been acquired after this constitution enters into force. for purposes of the non retroactivity of the law, the rights of possession and agrarian property are recognized and respected in accordance with the law. the surface areas exceeding those that fulfill the social economic function shall be expropriated. the double title set forth in the prior article refers to the double endowments processed before the ex-national council of agrarian reform, cnra. the prohibition of double endowment is not applied to legally acquired rights of third parties. article 400 because it affects sustainable exploitation and is contrary to the collective interest, the division of land into areas less than the maximum area of small property as recognized in the law is prohibited. the maximum area for small property established by law shall take into account the characteristics of the geographic zone. article 401 the failure to fulfill the social economic function or the holding of latifundio shall result in the reversion of the land, and the land shall pass into the domain and property of the bolivian people. the expropriation of land shall occur for reasons of necessity and public utility and upon prior payment of fair indemnification. article 402 the state has the obligation to: encourage plans for human settlement to achieve rational demographic distribution and better exploitation of the land and natural resources, granting to new settlements the facilities to have access to education, health, food security and production, within the framework of the territorial organization of the state and the conservation of the environment. to promote policies aimed at eliminating all forms of discrimination against women in the access to, ownership and inheritance of land. article 403 the integrity of rural native indigenous territory is recognized, which includes the right to land, to the use and exclusive exploitation of the renewable natural resources under conditions determined by law, to prior and informed consultation, to participation in the benefits of the exploitation of the non-renewable natural resources that are found in their territory, to the authority to apply their own norms, administered by their structures of representation, and to define their development pursuant to their own cultural criteria and principles of harmonious coexistence with nature. the rural native indigenous territories may be composed of communities. the rural native indigenous territory includes areas of production, areas of exploitation and conservation of natural resources, and spaces for social, spiritual and cultural reproduction. the law shall establish the procedure for recognition of these rights. article 404 the bolivian agrarian reform service (servicio boliviano de reforma agraria), the maximum authority of which is the president of the state, is the entity responsible for planning, executing and consolidating the agrarian reform process, and it has jurisdiction in the entire territory of the country. title iii. comprehensive sustainable rural development article 405 comprehensive, sustainable rural development is a fundamental part of the economic policies of the state, which shall prioritize its actions to encourage all communitarian economic undertakings and those of the group of rural actors, placing emphasis on food security and sovereignty, by means of the following: the sustained and sustainable increase of agricultural, livestock, manufacturing, agro-industrial, and tourist industry productivity, as well as their commercial capacity. the articulation and internal complementary form of the structures of agricultural, livestock and agro-industrial production. achievement of better conditions for economic exchange of the rural productive sector in relations to the rest of the bolivian economy. the importance and respect of the rural native indigenous communities in all dimensions of their life. the strengthening of the economy of the small agricultural and livestock producers and of the family and communitarian economy. article 406 the state shall guarantee the sustainable comprehensive rural development by means of policies, plans, programs and comprehensive projects that encourage agricultural, artisan, and forestry production, and tourism, with the goal of obtaining better exploitation, transformation, industrialization and commercialization of renewable natural resources. the state shall promote and strengthen the rural economic productive organizations, among which are the artisans, the cooperatives, the associations of agricultural producers and manufacturers, and the micro, small and medium communitarian agricultural enterprises, which contribute to the social economic development of the country, in accord with their cultural and productive identity. article 407 the objectives of the policy of the state for comprehensive rural development, in coordination with the autonomous and decentralized territorial entities, are the following: to guarantee food security and sovereignty, prioritizing the production and consumption of agricultural foods produced in the territory of bolivia. to establish mechanisms for the protection of bolivian agricultural production. to promote the production and sale of ecological agricultural products. to protect agricultural and agro-industrial production from natural disasters and inclement climate, and geological catastrophes. the law shall provide for the creation of agricultural insurance. to implement and develop technical, productive, and ecological education, at all levels and in all modalities. to establish policies and sustainable projects, obtaining the conservation and recuperation of the soil. to promote irrigation systems for the purpose of guaranteeing agricultural and livestock production. to guarantee technical assistance and to establish mechanisms of innovation and transfer of technology in the entire agricultural productive chain. to establish the creation of a seed bank and centers of genetic research. to establish policies to encourage and support the productive agricultural sectors that have natural structural weaknesses. to control the exit and entrance into the country of biological and genetic resources. to establish policies and programs to guarantee agricultural sanitation and food safety. to provide productive, manufacturing and industrial infrastructure and basic services for the agricultural sector. article 408 the state shall determine the incentives for the benefit of small and medium producers for the purpose of compensating for the disadvantages of unequal exchange between agricultural and livestock products and the rest of the economy. article 409 the production, importation and commercialization of genetically altered products shall be regulated by law. part v. normative hierarchy and constitutional reform sole title. supremacy and reform of the constitution article 410 every person, natural and legal, as well as public organs, public functions and institutions, are subject to the present constitution. the constitution is the supreme norm of bolivian law and enjoys supremacy before any other normative disposition. the components of constitutional law include the international treaties and conventions in the matter of human rights and the norms of communitarian law, which have been ratified by the country. the application of the legal norms shall be governed by the following hierarchy, in accordance with the authority of the territorial entities: constitution of the state international treaties national laws, statutes of the autonomies, organic charters and the other departmental, municipal and indigenous legislation. decrees, regulations and other resolutions issued by the corresponding executive organs. article 411 the total reform of the constitution, or that which affects its fundamental premises, affects rights, duties and guarantees, or the supremacy and reform of the constitution, shall take place through an original plenipotentiary constituent assembly, put into motion by popular will through referendum. the convocation of the referendum shall be carried out by citizen initiative, with the signatures of at least twenty percent of the electorate; by absolute majority vote of the members of the pluri-national legislative assembly; or by the president of the state. the constituent assembly (asamblea constituyente) shall draft its own regulations for all effects. the constitutional text must be approved by two-thirds of the members present. the validity of the reform shall require approval by constitutional referendum. the partial reform of the constitution may be initiated by popular initiative with the signatures of at least twenty percent of the electorate, or by the pluri-national legislative assembly through a law of constitutional reform approved by two-thirds of the total members present of the pluri-national legislative assembly. any partial reform shall require approval by constitutional referendum. transitory provisions first within a term of 60 days from the promulgation of the present constitution, the congress of the republic shall approve a new electoral regimen for the election of the pluri-national legislative assembly, the president, and the vice president of the republic. the election shall take place on december 6, 2009. the mandates prior to the time this constitution enters into force shall be taken into account for purposes of computing the new terms of office. the elections of departmental and municipal authorities shall take place on april 4, 2010. as an exception, the mandates of the mayors, municipal councils and the prefects of departments shall be extended until the taking of office by the newly elected authorities pursuant to the previous paragraph. second the pluri-national legislative assembly shall approve, within the maximum term of one hundred and eighty days from the time of its installation, the law of the pluri-national electoral organ, the law of the judicial organ, the law of the pluri-national constitutional court, and the law of the framework of autonomy and decentralization. third the departments that opted for departmental autonomy in the referendum of july 2, 2006, shall directly adopt the system of departmental autonomy, pursuant to the constitution. the departments that opted for departmental autonomy in the referendum of july 2, 2006, must adjust their statutes to this constitution and subject themselves to constitutional control fourth the election of the authorities of the organs included in the second disposition shall be carried our pursuant to the electoral calendar established by the pluri-national electoral organ. fifth the laws necessary for the development of the constitutional dispositions shall be approved during the first mandate of the pluri-national legislative assembly. sixth in the maximum time of one year after the law of the judicial organ enters into force, and pursuant to it, the judicial posts shall be reviewed. seventh for purposes of application of paragraph i of article 293 of this constitution, indigenous territory shall have as the basis of its demarcation the communitarian lands of origin. within the term of one year from the election of the executive and legislative organ, the category of communitarian land of origin shall be subject to administrative process to convert it to rural native indigenous territory, within the framework established in this constitution. eighth in the period of one year from the election of the executive organ and the legislative organ, the concessions on natural resources, electricity, telecommunications and basic services shall be adjusted to the new juridical system. in no case shall the transfer of the concessions to the new juridical system signify the failure to recognize the rights acquired. in the same period, the mining concessions of metallic and non-metallic minerals, crystals, salts, sulfur and others, granted in the fiscal reserves of bolivian territory, shall cease to be in effect. the mining concessions granted to national and foreign enterprises prior to the promulgation of this constitution, must be adjusted to it within a period of a year by means of mining contracts. the state recognizes and respects the pre-existing rights of the cooperative mining companies for their social productive character. the concessions over radioactive minerals granted prior to the promulgation of the constitution are dissolved and shall revert to the state. ninth the international treaties existing prior to the constitution, which do not contradict it, shall be maintained in the internal legal order with the rank of law. within the period of four years after the election of the new executive organ, the executive shall renounce and, in that case, renegotiate the international treaties that may be contrary to the constitution. tenth the requisite of speaking at least two of the official languages for the performance of public functions, as determined in article 235.7, shall be applied progressively in accordance with the law. abrogating provision abrogating provision. the constitution of the state of 1967 and its subsequent reforms are abrogated. final provision this constitution, approved by referendum by the bolivian people shall enter into force on the day of its publication in the official gazette. preamble in the name of god, the merciful, the compassionate we, the representatives of the tunisian people, members of the national constituent assembly, taking pride in the struggle of our people for independence, to build the state, for freedom from tyranny, responding to its free will, and to achieve the objectives of the revolution for freedom and dignity, the revolution of december 17, 2010 through january 14, 2011, with loyalty to the blood of our virtuous martyrs, to the sacrifices of tunisian men and women over the course of generations, and breaking with injustice, inequity, and corruption, expressing our people’s commitment to the teachings of islam and its aims characterized by openness and moderation, and to the human values and the highest principles of universal human rights, and inspired by the heritage of our civilization, accumulated over the travails of our history, from our enlightened reformist movements that are based on the foundations of our islamic-arab identity and on the gains of human civilization, and adhering to the national gains achieved by our people, with a view to building a republican, democratic and participatory system, in the framework of a civil state founded on the sovereignty of the people, exercised through the peaceful alternation of power through free elections, and on the principle of the separation and balance of powers, which guarantees the freedom of association in conformity with the principles of pluralism, an impartial administration, and good governance, which are the foundations of political competition, where the state guarantees the supremacy of the law and the respect for freedoms and human rights, the independence of the judiciary, the equality of rights and duties between all citizens, male and female, and equality between all regions, based on the elevated status of humankind and desirous of consolidating our cultural and civilizational affiliation to the arab and muslim nation, building on our national unity that is based on citizenship, fraternity, solidarity, and social justice, committed to strengthening maghreb unity as a step towards achieving arab unity, towards complementarity with the muslim and african peoples, and towards cooperation with all the peoples of the world, desirous of supporting all victims of injustice, wherever they are, defending the peoples’ right to determine their own destiny, to supporting all just liberation movements, at the forefront of which is the movement for the liberation of palestine, and opposing all forms of colonization and of racism, being aware of the necessity of contributing to the preservation of a healthy environment that guarantees the sustainability of our natural resources and bequeathing a secure life to future generations, realizing the will of the people to be the makers of their own history, believing in science, work, and creativity as noble human values, seeking always to be pioneers, aspiring to contribute to the development of civilization, on the basis of the independence of national decision-making, world peace, and human solidarity, we, in the name of the tunisian people, with the help of god, draft this constitution. title one. general principles article 1 tunisia is a free, independent, sovereign state; its religion is islam, its language arabic, and its system is republican. this article might not be amended. article 2 tunisia is a civil state based on citizenship, the will of the people, and the supremacy of law. this article might not be amended. article 3 the people are sovereign and the source of authority, which is exercised through the peoples’ representatives and by referendum. article 4 the flag of the tunisian republic is red and bears in its midst a white circle in which is inscribed a five-pointed star surrounded by a red crescent, as provided for by law. the national anthem of the tunisian republic is “humat al-hima” (defenders of the homeland), in accordance with the law. the motto of the tunisian republic of is: freedom, dignity, justice, and order. article 5 the republic of tunisia is part of the arab maghreb and works towards achieving its unity and takes all measures to ensure its realization. article 6 the state is the guardian of religion. it guarantees freedom of conscience and belief, the free exercise of religious practices and the neutrality of mosques and places of worship from all partisan instrumentalisation. the state undertakes to disseminate the values of moderation and tolerance and the protection of the sacred, and the prohibition of all violations thereof. it undertakes equally to prohibit and fight against calls for takfir and the incitement of violence and hatred. article 7 the family is the nucleus of society and the state shall protect it. article 8 youth are an active force in building the nation. the state seeks to provide the necessary conditions for developing the capacities of youth and realizing their potential, supports them to assume responsibility, and strives to extend and generalize their participation in social, economic, cultural and political development. article 9 protecting the unity and integrity of the homeland is a sacred duty for all citizens. national service is a duty according to the regulations and conditions established by the law. article 10 paying taxes and contributing towards public expenditure are obligations, through a fair and equitable system. the state shall put in place the necessary mechanisms for the collection of taxes, and to combat tax evasion and fraud. the state shall ensure the proper use of public funds and take the necessary measures to spend it according to the priorities of the national economy, and prevents corruption and all that can threaten national resources and sovereignty. article 11 all those who assume the roles of president of the republic, head of government, member of the council of ministers, or member of the assembly of the representatives of the people, or member of any of the independent constitutional bodies or any senior public position, must declare their assets according to the provisions of the law. article 12 the state shall seek to achieve social justice, sustainable development and balance between regions based on development indicators and the principle of positive discrimination. the state shall seek to exploit natural resources in the most efficient way. article 13 natural resources belong to the people of tunisia. the state exercises sovereignty over them in the name of the people. investment contracts related to these resources shall be presented to the competent committee in the assembly of the representatives of the people. the agreements concluded shall be submitted to the assembly for approval. article 14 the state commits to strengthen decentralization and to apply it throughout the country, within the framework of the unity of the state. article 15 public administration is at the service of the citizens and the common good. it is organized and operates in accordance with the principles of impartiality, equality and the continuity of public services, and in conformity with the rules of transparency, integrity, efficiency and accountability. article 16 the state guarantees the impartiality of educational institutions from all partisan instrumentalization. article 17 only the state may establish armed forces and internal security forces, in conformity with the law and in the service of the public interest. article 18 the national army is a republican army. it is an armed military force based on discipline that is composed and structurally organized in accordance with the law and charged with responsibility to defend the nation, its independence and its territorial integrity. it is required to remain completely impartial. the national army supports the civil authorities in accordance with the provisions set out in law. article 19 the national security forces are republican; they are responsible for maintaining security and public order, ensuring the protection of individuals, institutions, and property, and ensuring the enforcement of the law while ensuring that freedoms are respected, with complete impartiality. article 20 international agreements approved and ratified by the assembly of the representatives of the people have a status superior to that of laws and inferior to that of the constitution. title two. rights and freedoms article 21 all citizens, male and female, have equal rights and duties, and are equal before the law without any discrimination. the state guarantees freedoms and individual and collective rights to all citizens, and provides all citizens the conditions for a dignified life. article 22 the right to life is sacred and cannot be prejudiced except in exceptional cases regulated by law. article 23 the state protects human dignity and physical integrity, and prohibits mental and physical torture. crimes of torture are not subject to any statute of limitations. article 24 the state protects the right to privacy and the inviolability of the home, and the confidentiality of correspondence, communications, and personal information. every citizen has the right to choose their place of residence, to free movement within the country, and the right to leave the country. article 25 no citizen shall be deprived of their nationality, exiled, extradited or prevented from returning to their country. article 26 the right to political asylum shall be guaranteed as prescribed by law. it is prohibited to surrender persons who have been granted political asylum. article 27 a defendant shall be presumed innocent until proven guilty in a fair trial in which he/she is granted all guarantees necessary for his/her defence throughout all the phases of prosecution and trial. article 28 punishments are individual and are not to be imposed unless by virtue of a legal provision issued prior to the occurrence of the punishable act, except in the case of a provision more favourable to the defendant. article 29 no person may be arrested or detained unless apprehended during the commission of a crime or on the basis of a judicial order. the detained person must be immediately informed of their rights and the charges under which they are being held. the detainee has the right to be represented by a lawyer. the periods of arrest and detention are to be defined by law. article 30 every prisoner shall have the right to humane treatment that preserves their dignity. in carrying out a punishment involving the deprivation of liberty, the state shall take into account the interests of the family and shall seek the rehabilitation and re-integration of the prisoner into society. article 31 freedom of opinion, thought, expression, information and publication shall be guaranteed. these freedoms shall not be subject to prior censorship. article 32 the state guarantees the right to information and the right of access to information and communication networks. article 33 academic freedoms and freedom of scientific research shall be guaranteed. the state shall provide the necessary resources for the development of scientific and technological research. article 34 the rights to election, voting, and candidacy are guaranteed, in accordance with the law. the state seeks to guarantee women’s representation in elected bodies. article 35 the freedom to establish political parties, unions, and associations is guaranteed. in their internal charters and activities, political parties, unions and associations must respect the provisions of the constitution, the law, financial transparency and the rejection of violence. article 36 the right to join and form unions is guaranteed, including the right to strike. this right does not apply to the national army. the right to strike does not apply to the forces of internal security and to customs officers. article 37 the right to assembly and peaceful demonstration is guaranteed. article 38 health is a right for every human being. the state shall guarantee preventative health care and treatment for every citizen and provide the means necessary to ensure the safety and quality of health services. the state shall ensure free health care for those without means and those with limited income. it shall guarantee the right to social assistance in accordance with the law. article 39 education shall be mandatory up to the age of sixteen years. the state guarantees the right to free public education at all levels and ensures provisions of the necessary resources to achieve a high quality of education, teaching, and training. it shall also work to consolidate the arab-muslim identity and national belonging in the young generations, and to strengthen, promote and generalize the use of the arabic language and to openness to foreign languages, human civilizations and diffusion of the culture of human rights. article 40 work is a right for every citizen, male and female. the state shall take the necessary measures to guarantee work on the basis of competence and fairness. all citizens, male and female, shall have the right to decent working conditions and to a fair wage. article 41 the right to property shall be guaranteed, and it shall not be interfered with except in accordance with circumstances and with protections established by the law. intellectual property is guaranteed. article 42 the right to culture is guaranteed. the freedom of creative expression is guaranteed. the state encourages cultural creativity and supports the strengthening of national culture, its diversity and renewal, in promoting the values of tolerance, rejection of violence, openness to different cultures and dialogue between civilizations. the state shall protect cultural heritage and guarantees it for future generations. article 43 the state shall promote sports and shall work to provide the facilities necessary for the exercise of physical and leisure activities. article 44 the right to water shall be guaranteed. the conservation and rational use of water is a duty of the state and of society. article 45 the state guarantees the right to a healthy and balanced environment and the right to participate in the protection of the climate. the state shall provide the necessary means to eradicate pollution of the environment. article 46 the state commits to protect women’s accrued rights and work to strengthen and develop those rights. the state guarantees the equality of opportunities between women and men to have access to all levels of responsibility in all domains. the state works to attain parity between women and men in elected assemblies. the state shall take all necessary measures in order to eradicate violence against women. article 47 children are guaranteed the rights to dignity, health, care and education from their parents and the state. the state must provide all types of protection to all children without discrimination and in accordance with their best interest. article 48 the state shall protect persons with disabilities from all forms of discrimination. every disabled citizen shall have the right to benefit, according to the nature of the disability, from all measures that will ensure their full integration into society, and the state shall take all necessary measures to achieve this. article 49 the limitations that can be imposed on the exercise of the rights and freedoms guaranteed in this constitution will be established by law, without compromising their essence. any such limitations can only be put in place for reasons necessary to a civil and democratic state and with the aim of protecting the rights of others, or based on the requirements of public order, national defence, public health or public morals, and provided there is proportionality between these restrictions and the objective sought. judicial authorities ensure that rights and freedoms are protected from all violations. no amendment may undermine the human rights and freedoms guaranteed in this constitution. title three. legislative authority article 50 the people exercise legislative power through their representatives in the assembly of the representatives of the people or through referendum. article 51 the seat of the assembly of the representatives of the people shall be located in the capital, tunis. nevertheless, in exceptional circumstances, the assembly may sit in any other place within the republic. article 52 the assembly of the representatives of the people enjoys financial and administrative independence within the framework of the state budget. the assembly of the representatives of the people shall determine its rules of procedure and ratify them by an absolute majority of the members of the assembly. the state shall put at the disposition of the assembly of the representatives of the people the necessary human and material resources to allow for members of the assembly to fulfill their obligations. article 53 every tunisian voter who has acquired tunisian nationality at least ten years prior and is no younger than twenty three years of age on the day of candidacy is eligible to be elected to the assembly of the representatives of the people, provided that they are not prohibited from holding such a position as specified by the law. article 54 every tunisian citizen aged eighteen years shall be deemed a voter in accordance with the conditions established by the election law. article 55 members of the assembly of the representatives of the people shall be elected by universal, free, direct, secret, fair and transparent voting, in accordance with the election law. the election law guarantees the voting and representation rights to the assembly of the representatives of the people for tunisians resident overseas. article 56 the assembly of the representatives of the people shall be elected for a term of five years, during the last sixty days of the parliamentary term. in the event of inability to hold elections as a result of imminent danger, the term of the assembly shall be extended according to the provisions of a law. article 57 the assembly of the representatives of the people shall hold an ordinary session each year starting in october and ending in july. the first session of the assembly of the representatives of the people shall begin within fifteen days following the announcement of the definitive results of the legislative elections, at the request of the speaker of the outgoing assembly. in the event that the beginning of the first session of the term of the assembly of the representatives of the people coincides with its recess, an extraordinary session shall be held in order to proceed to a vote of confidence in the government. during its recess, the assembly of the representatives of the people shall convene in an extraordinary session upon the request of the president of the republic, the head of government, or one-third of its members, to examine a specific agenda. article 58 every member in the assembly of the representatives of the people shall, upon assuming their functions, swear the following oath: “i swear, by god almighty, that i will diligently serve the nation, that i will respect the provisions of the constitution, and that i will bear full allegiance to tunisia.” article 59 the assembly of the representatives of the people shall in its first session elect a speaker from amongst its members. the assembly of the representatives of the people shall form permanent and special committees. their composition and the sharing of responsibilities within the committees shall be determined on the basis of proportional representation. the assembly of the representatives of the people may form committees of enquiry. all authorities shall assist such committees of enquiry in undertaking their tasks. article 60 the opposition is an essential component of the assembly of the representatives of the people. it shall enjoy the rights that enable it to undertake its parliamentary duties and is guaranteed an adequate and effective representation in all bodies of the assembly, as well as in its internal and external activities. the opposition is assigned the chair of the finance committee, and rapporteur of the external relations committee. it has the right to establish and head a committee of enquiry annually. the opposition’s duties include active and constructive participation in parliamentary work. article 61 voting in the assembly of the representatives of the people is personal and may not be delegated. article 62 legislative initiative is carried out with legislative propositions made by no less than ten members, or with draft laws submitted by the president of the republic, or by the head of government. the head of the government is the only authority entitled to present draft laws related to the ratification of treaties and draft budget laws. draft laws presented by the president or the head of government shall be given priority. article 63 legislative propositions and amendments presented by members of the assembly of the representatives of the people are not admissible if they affect the financial balances regulated in the finance law. article 64 the assembly of the representatives of the people shall adopt draft organic laws by an absolute majority of all members, and ordinary draft laws by a majority of members who are present, provided that such a majority represents no less than one-third of the members of the assembly. no draft organic law shall be presented for debate to the plenary session of the assembly of the representatives of the people until at least fifteen days have passed since its submission to the competent parliamentary committee. article 65 laws relating to the following areas are deemed ordinary laws: creation of public institutions and facilities and the provisions regulating their work; nationality; civil and commercial obligations; procedures before various types of courts; definition of felonies and misdemeanours and the corresponding punishments applicable, in addition to violations resulting in a penalty involving deprivation of freedom; general pardon; regulation of taxation rules, percentages and procedures for collection thereof; regulations on issuance of currency; loans and financial obligations of the state; regulation of senior public positions; declaration of earnings; basic guarantees given to civil and military public employees; organizing the ratification of treaties; laws of finance and closing of the state budget, and the ratification of development plans; the fundamental principles of property laws, real property rights, education, scientific research, culture, public health, the environment, land and urban planning, energy, employment rights, and social security. laws relating to the following areas are deemed organic laws: approval of treaties; organization of justice and the judiciary; organization of information, press and publication; organization and financing of parties, trade unions, associations, and professional organizations and bodies; organization of the national army; organization of the internal security forces and customs; election law; extension of the term of the parliament according to provisions of article 56; extension of the presidential term according to provisions of article 75; freedoms and human rights; personal status law; fundamental duties of citizenship; local government; organization of constitutional commissions; the organic budget law. all matters which do not form part of the domain of laws shall be in the domain of general regulatory authority. article 66 the law determines the state’s resources and its expenses in conformity with the provisions set out in the organic law concerning the budget. the assembly of the representatives of the people shall adopt draft finance laws and budget closure legislation in accordance with the provisions of the organic law on the budget. the draft finance law shall be presented to the assembly no later than october 15 and it shall be adopted no later than december 10. the president of the republic may resubmit the draft finance law to the assembly for a second reading within two days following its ratification by the assembly. in this case, the assembly meets to deliberate a second time within three days of the exercise of this right of resubmission. during the three days following the adoption of the draft law on second reading after resubmission, or after the expiry of the period for the exercise of the right of resubmission, parties mentioned in the first paragraph of article 120 can contest the constitutionality of the provisions of the draft finance law before the constitutional court. the court shall issue its decision within five days. if the constitutional court rules that the draft law is unconstitutional, it communicates its decision to the president of the republic, who in turn communicates it to the speaker of the assembly of the representatives of the people. these procedures shall be completed within two days from the date of the court’s decision. the assembly shall adopt the draft finance law within three days following its receipt of the decision of the constitutional court. if the constitutionality of the draft law is confirmed or if the law is voted in a second reading after its resubmission to the assembly, once the period for claims of unconstitutionality or for the exercise of the presidential right of resubmission have expired, the president of the republic promulgates the finance law within a period of two days. in all cases, the promulgation shall take place before december 31. if the draft finance law is not adopted by december31, the law can be implemented in terms of expenditures by renewable presidential order, in three months tranches. revenues shall continue to be collected in accordance with the laws in force. article 67 commercial treaties and treaties related to international organizations, to borders of the state, to financial obligations of the state, to the status of individuals, or to dispositions of a legislative character shall be submitted to the assembly of the representatives of the people for ratification. treaties enter into force only upon their ratification. article 68 no member of the assembly of the representatives of the people may be prosecuted through civil or criminal proceedings, arrested or tried for opinions or propositions presented or for work done in relation to his/her parliamentary functions. article 69 if a member of the assembly of the representatives of the people asserts criminal immunity in writing, he/she may not be prosecuted or arrested during his/her term of office for a criminal charge unless immunity is lifted. in the event of being apprehended committing a crime, the member may be arrested. the speaker of the assembly of the representatives of the people shall immediately be notified and the member shall be released if the bureau of the assembly so requests. article 70 in the event of the dissolution of the assembly, the president of the republic may, with the agreement of the head of government, issue decree-laws which shall be submitted for ratification to the assembly of the representatives of the people during its next ordinary session. the assembly of the representatives of the people may, with the agreement of three-fifths of its members, authorize by law for a limited period not exceeding two months, and for a specific purpose, the head of government to issue decree-laws of a legislative character, to be submitted for ratification to the assembly immediately after the end of the period of authorization. the electoral system might not be amended by decree-laws. title four. the executive authority article 71 executive authority is exercised by the president of the republic and by a government which is presided over by the head of the government. part one. the president of the republic article 72 the president of the republic is the head of state and the symbol of its unity. he guarantees its independence and continuity, and ensures respect of the constitution. article 73 the official seat of the presidency of the republic is the capital, tunis. in exceptional circumstances, the seat may be moved to any other location in the republic. article 74 every male and female voter who holds tunisian nationality since birth, whose religion is islam shall have the right to stand for election to the position of president of the republic. on the day of filing the application for candidacy, the candidate must be at least 35 years old. if the candidate has a nationality other than the tunisian nationality, he or she must submit an application committing to abandon the other nationality if elected president. the candidate must have the support of a number of members of the assembly of the representatives of the people or heads of elected local authority councils, or of registered voters, as specified by the election law. article 75 the president of the republic is elected for a five-year term during the last sixty day period of the presidential term by means of universal, free, direct, secret, fair, and transparent elections, by an absolute majority of votes cast. in the event that no candidate achieves such a majority in the first round, a second round shall be organized during the two weeks following the announcement of the definitive results of the first round. only the two candidates having won the highest number of votes during the first round may stand for election in the second round. in the event of the death of one of the candidates during the first or second round, nominations shall be reopened and new dates for elections shall be set within no more than forty-five days. withdrawal of candidates from the first or second round will not affect the election. in the event of failure to hold the presidential elections as a result of imminent danger, the term of presidency shall be extended through passing a law. the office of presidency cannot be occupied by the same person for more than two full terms, whether consecutive or separate. in the case of resignation, the term counts as a full term. the constitution may not be amended to increase the number or the length of presidential terms. article 76 the elected president of the republic shall swear the following oath before the assembly of the representatives of the people: “i do solemnly swear, by god almighty, to maintain the independence of tunisia and the integrity of its territory, to respect its constitution and legislation, to safeguard its interests, and to remain absolutely loyal to it”. the president of the republic may not combine a partisan position with that of president. article 77 the president of the republic is responsible for representing the state. he/she is responsible for determining the general state orientations in the domains of defence, foreign relations and national security in relation to protecting the state and the national territory from all internal and external threats, after consultation with the head of government. he/she also has the following powers: dissolving the assembly of the representatives of the people in accordance with provisions of the constitution. the assembly shall not be dissolved during the six months following granting confidence to the government, or the six months following legislative elections, or during the last six months of the presidential or parliamentary terms; chairing the national security council, to which the head of government and speaker of the assembly of the representatives of the people are invited; being the commander-in-chief of the armed forces; declaring war and establishing peace, upon the approval by a majority of three-fifths of the members of the assembly of the representatives of the people, as well as sending troops abroad with the approval of the speaker of the assembly of the representatives of the people and of the head of government; the assembly shall deliberate on the matter within a period not exceeding sixty days from the date of the decision to send troops; taking measures that are required by a state of emergency, and to publicly announce such measures in accordance with article 80; ratifying treaties and ordering their publication; awarding decorations; issuing special pardons. article 78 the president of the republic undertakes the following appointments through presidential orders: appointing and dismissing the general mufti of the tunisian republic. appointing and dismissing individuals in senior positions in the presidency of the republic, and dependent institutions. these senior positions are regulated by law. appointing and dismissing individuals in senior military and diplomatic positions, and positions related to national security, after consultation with the head of government. these senior positions are regulated by law. appointing the governor of the central bank upon a proposal by the head of government after the appointment is approved by an absolute majority of members of the assembly of the representatives of the people. the governor shall be dismissed in the same manner, or upon the request of a third of the members of the assembly of the representatives of the people and by approval of the majority of the members. article 79 the president of the republic may address the assembly of the representatives of the people. article 80 in the event of imminent danger threatening the nation’s institutions or the security or independence of the country, and hampering the normal functioning of the state, the president of the republic may take any measures necessitated by the exceptional circumstances, after consultation with the head of government and the speaker of the assembly of the representatives of the people and informing the president of the constitutional court. the president shall announce the measures in a statement to the people. the measures shall guarantee, as soon as possible, a return to the normal functioning of state institutions and services. the assembly of the representatives of the people shall be deemed to be in a state of continuous session throughout such a period. in this situation, the president of the republic cannot dissolve the assembly of the representatives of the people and a motion of censure against the government cannot be presented. thirty days after the entry into force of these measures, and at any time thereafter, the speaker of the assembly of the representatives of the people or thirty of the members thereof shall be entitled to apply to the constitutional court with a view to verifying whether or not the circumstances remain exceptional. the court shall rule upon and publicly issue its decision within a period not exceeding fifteen days. these measures cease to be in force as soon as the circumstances justifying their implementation no longer apply. the president of the republic shall address a message to the people to this effect. article 81 the president of the republic shall sign laws and ensures their publication in the official gazette of the tunisian republic within a period of no more than four days from: the deadline to challenge constitutionality and the deadline to return, without any of them occurring. expiry of the deadline to return after issuing a decision of constitutionality, or after the mandatory referral of the draft law to the president of the republic in accordance with the final paragraph of article 121. the deadline to challenge the constitutionality of a draft law that was returned by the president of the republic and after its ratification in a modified version by the assembly of the representatives of the people. the second approval, without amendment, of a draft law, after return, by the assembly of the representatives of the people, without being subject to a challenge of constitutionality after the first ratification, or the issuance of a decision confirming its constitutionality, or the mandatory referral of the draft law to the president of the republic in accordance with the final paragraph of article 121. the court decides a law is constitutional, or after the mandatory referral of the draft law to the president of the republic in accordance with the final paragraph of article 121, if it was returned from the president of the republic and was approved, in a modified version, by the assembly. with the exception of draft constitutional laws, the president of the republic has the right to return the draft with explanation to the assembly to discuss it again within five days from: the deadline to challenge constitutionality according to provisions of the first paragraph of article 120. issuance of a decision on its constitutionality or when the constitutional court abandons it according to provisions of the third paragraph of article 121, in the case of challenging the meanings included in the first paragraph of article 120. upon return, the ratification of ordinary draft laws requires the approval of an absolute majority of the members of the assembly, while draft organic laws require the approval of three fifths of the members. article 82 the president of the republic may, in exceptional circumstances, within the deadlines for return of a draft law, submit for a referendum draft laws related to the ratification of treaties, to freedoms and human rights, or personal status, which were adopted by the assembly of the representatives of the people. the submission to referendum shall be deemed a waiver of the right to return the draft law to the assembly. if the result of the referendum is the ratification of the draft law, the president of the republic shall sign it and order to publish it within a period not exceeding ten days from the date of announcement of the results of the referendum. the election law shall regulate the procedures for conducting the referendum and announcing its results. article 83 the president of the republic may, in the event of a temporary inability to perform his/her tasks, temporarily delegate his/her powers to the head of government for a maximum period of 30 days, renewable once. the president of the republic shall inform the speaker of the assembly of the representatives of the people of the temporary delegation of powers. article 84 in the event of the position of president of the republic becoming temporarily vacant for reasons that prevent the president of the republic from delegating his/her powers, the constitutional court shall promptly meet and declare the temporary vacancy of the office, and the head of government shall immediately be invested with the responsibilities of the president of the republic. the period of temporary vacancy may not exceed sixty days. should the temporary vacancy exceed the sixty-day period, or if the president of the republic submits a written resignation to the president of the constitutional court, or in the event of his/her death or absolute incapacity, or for any other reason that causes a permanent vacancy, the constitutional court shall promptly meet and acknowledge the permanent vacancy and notify the speaker of the assembly of the representatives of the people who shall, on a temporary basis, immediately undertake the tasks of the president of the republic for a period of no less than forty-five days and no more than ninety days. article 85 in the event of permanent vacancy, the interim president of the republic shall take the oath set out in the constitution before the assembly of the representatives of the people, and in case it is necessary before the assembly’s bureau or before the constitutional court in the event that the assembly has been dissolved. article 86 the interim president of the republic, during the temporary or permanent vacancy of the office, exercises the presidential responsibilities. he/she shall not be entitled to propose amending the constitution, call for a referendum or dissolve the assembly of the representatives of the people. during the period of interim presidency, a new president of the republic shall be elected for a full presidential term. no motion of censure against the government may be presented during the period of interim presidency. article 87 the president of the republic enjoys judicial immunity during his/her term in office. all statutes of limitations and other deadlines are suspended, and judicial procedures can only be recommenced after the end of his/her term. the president of the republic cannot be prosecuted for acts that were carried out in the context of performing his/her functions. article 88 the assembly of the representatives of the people may, through the initiative of a majority of its members, present a motion to bring to an end the president of the republic’s term for a grave violation of the constitution. such a motion must be approved by two-thirds of the members. in such an event, the matter is referred to the constitutional court for a decision by a majority of two-thirds of its members. in the event of condemnation, the constitutional court orders removal of the president of the republic from office, without excluding eventual criminal prosecution when necessary. where the president has been removed from office under these circumstances, he/she is not entitled to run in any subsequent elections. part two. the government article 89 the government shall be composed of a head of government, ministers, and secretaries of state selected by the head of government, and in the case of the ministers of foreign affairs and defence, in consultation with the president of the republic. within one week of the declaration of the definitive election results, the president of the republic shall ask the candidate of the party or the electoral coalition which won the largest number of seats in the assembly of the representatives of the people to form a government, within a one month period, extendable once. if two or more parties or coalitions have the same number of seats, then the party or coalition having received the largest number of votes shall be asked to form a government. if the specified period elapses without the formation of the government, or if the confidence of the assembly of the representatives of the people is not obtained, the president of the republic shall consult with political parties, coalitions, and parliamentary groups, with the objective of asking the person judged most capable to form a government within a period of no more than one month to do so. if, in the four month period following the first designation of a person to form a government, the members of the assembly of representatives of the people fail to grant confidence in a government, the president of the republic may dissolve the assembly of the representatives of the people and call for new legislative elections to be held within a minimum of 45 days and a maximum of 90 days. the government shall present a summary of its programme to the assembly of the representatives of the people with the objective of obtaining the confidence of an absolute majority of its members. should the government thus gain the confidence of the assembly, the president of the republic shall appoint the head of government and the members of the government. the head of government and the members of the government shall swear the following oath before the president of the republic: “i swear by almighty god to work loyally for the good of tunisia, to respect the country’s constitution and its legislation, to defend its interests and bear full allegiance to it”. article 90 membership of the government and of the assembly of the representatives of the people may not be combined. the election law shall regulate the process of filling vacancies. the head and members of government may not exercise any other professional activity. article 91 the head of government determines the state’s general policy, taking into account the provisions of article 77, and shall ensure its execution. article 92 the head of government is responsible for: creating, modifying and dissolving ministries and secretariats of state, as well as determining their mandates and prerogatives, after discussing the matter with the council of ministers dismissing and accepting the resignation(s) of one or more members of the government, after consultation with the president of the republic in the case of the ministers of foreign affairs and defence. creating, amending, and dissolving public institutions, public enterprises and administrative departments as well as establishing their mandates and authorities, after deliberation in the council of ministers, except in the case of institutions, enterprises and departments under the competence of the presidency of the republic, which are created, changed or dissolved upon a proposition by the president. nominating and dismissing individuals in senior civil positions. these positions are regulated by law. the head of government informs the president of the republic of the decisions taken within the latter’s aforementioned specific areas of competence. the head of government leads the public administration and concludes international agreements of a technical nature. the government ensures the enforcement of laws. the head of government may delegate some of his/her authorities to the ministers. if the head of government is temporarily unable to carry out his/her tasks, he/she shall delegate his/her powers to one of the ministers. article 93 the head of government chairs the council of ministers. the council of ministers meets by convocation of the head of government, who sets its agenda. it is mandatory for the president of the republic to preside over the council of ministers on issues relating to defence, foreign policy, and national security as concerns the protection of the state and of the national territory from internal and external threats. the president may also attend the council of ministers’ other meetings, and if so, he/she presides over the meeting. all draft laws are discussed in the council of ministers. article 94 the head of government exercises general regulatory powers. he/she is individually responsible for issuing decrees that he/she signs after discussion with the council of ministers. orders issued by the head of government are referred to as governmental decrees. regulatory decrees are counter signed by every competent minister. the head of government shall countersign regulatory decrees issued by ministers. article 95 the government is accountable before the assembly of the representatives of the people. article 96 every assembly member has the right to submit written or oral questions to the government in accordance with the assembly’s internal rules of procedure. article 97 votes may be taken on a motion of censure brought against the government based on a reasoned request presented by at least one-third of the members to the speaker of the assembly of representatives. the motion of censure cannot be voted on until fifteen days have passed since the date the motion was presented to the speaker of the assembly. a vote of no-confidence in the government requires the vote of an absolute majority of the members of the assembly of the representatives of the people, and the presentation of an alternative candidate to head the government whose candidacy must be approved in the same vote. the president of the republic shall entrust this candidate with the task of forming the government, according to the provisions of article 89. in the event of failure to attain the necessary absolute majority, a motion of censure may not be reintroduced for a minimum period of six months. the assembly of the representatives of the people may withdraw its confidence in a member of the government after a reasoned request is submitted to the speaker of the assembly by at least one-third of the members. withdrawal of the assembly’s confidence in the member of the government requires an absolute majority of votes. article 98 the resignation of the head of government entails the resignation of the entire government. resignation shall be submitted in writing to the president of the republic who notifies the speaker of the assembly of the representatives of the people. the head of government may request the assembly of the representatives of the people to give a vote of confidence to the government to continue its work. the vote of confidence shall be by an absolute majority of the members of the assembly of the representatives of the people. should the assembly not renew confidence in the government, the latter shall be deemed to have resigned. in both cases, the president of the republic shall assign the person who is most capable to form the government in accordance with the provisions of article 89. article 99 the president of the republic may ask the assembly of the representatives of the people to conduct a vote of confidence in the government on a maximum of two occasions during the entire presidential term. confidence is voted by the absolute majority of members of the assembly of the representatives of the people. in the case of non-renewal of confidence, the government is considered to have resigned. in this case the president of the republic asks the person deemed most capable to form a government in a period not exceeding thirty days in conformity with the first, fifth, and sixth paragraphs of article 89. if the period expires without the formation of the government, or if the government does not obtain the confidence of the assembly, the president of the republic may dissolve the assembly of the representatives of the people and organize early legislative elections after a minimum of forty five days and a maximum of ninety days. if the assembly renews its confidence in the government on the two occasions, the president of the republic will be considered to have resigned. article 100 if the office of head of government becomes permanently vacant for any reason except for resignation and withdrawal of the confidence of the assembly, the president of the republic shall ask the candidate of the ruling party or coalition to form a government within one month. if this period expires without forming a government, or if the government formed fails to receive a vote of confidence, the president shall ask the individual deemed most capable to form a government which presents itself before the assembly for the purpose of obtaining a vote of confidence in accordance with the provisions of article 89. the outgoing government shall continue to administer government business under the supervision of one of its members to be selected by the council of ministers and nominated by the president of the republic until the new government takes up its functions. article 101 any disputes that arise regarding the respective powers of the president of the republic and of the head of government shall be referred to the constitutional court by either party. the court shall rule on the dispute within one week. title five. the judicial authority article 102 the judiciary is independent. it ensures the administration of justice, the supremacy of the constitution, the sovereignty of the law, and the protection of rights and freedoms. judges are independent with the law being the sole authority over them in discharging their functions. article 103 judges must be competent, and should be characterized by neutrality and integrity. they shall be held accountable for any shortcomings in their performance. article 104 judges enjoy criminal immunity and may not be prosecuted or arrested unless their immunity is lifted. in the event of being apprehended committing a crime, a judge may be arrested and the judicial council he/she is affiliated with shall be notified, and shall decide on lifting the immunity. article 105 the legal profession is a free and independent profession that contributes to the establishment of justice and the defence of rights and liberties. lawyers enjoy the legal guarantees that protect them and enable them to fulfill their functions. part one. the judiciary: the justice system, administrative and financial judiciary article 106 judges shall be nominated by presidential decree based on a concurrent proposal by the supreme judicial council. senior judges shall be nominated by presidential decree and in consultation with the head of government, based on an exclusive recommendation by the supreme judicial council. senior judicial posts shall be regulated by law. article 107 judges may not be transferred without their consent. they cannot be dismissed or suspended from their functions, nor be subject to disciplinary sanction, except in the cases and the guarantees regulated by the law and in accordance with a reasoned decision by the supreme judicial council. article 108 every individual is entitled to a fair trial within a reasonable period. litigants are equal before the law. the right to litigation and the right to defence are guaranteed. the law facilitates access to justice and provides legal assistance to those without financial means. the law guarantees the right to a second hearing. court sessions shall be public unless the law provides for a closed hearing. judgment must be pronounced in a public session. article 109 all kinds of interference in the functioning of the judicial system are prohibited. article 110 the different categories of courts are established by law. no special courts may be established, nor any special procedures that may prejudice the principles of fair trial. military courts are competent to deal with military crimes. the law shall regulate the mandate, composition, organization, and procedures of military courts, and the statute of military judges. article 111 judgments are passed in the name of the people and executed in the name of the president of the republic. failing to execute or impeding the execution of a sentence without legal grounds is prohibited. section one. the supreme judicial council article 112 the supreme judicial council is composed of four bodies, which are the judiciary council, the administrative judicial council, the financial judicial council, and the general assembly of the three judicial councils. two-thirds of each of these structures is composed of judges, the majority of whom are elected, in addition to judges appointed on merit, while the remaining third shall be composed of independent, specialized persons who are not judges. the majority of the members of these bodies shall be elected. elected members exercise their functions for a single six-year term. the supreme judicial council shall elect its president from amongst its most senior judges. the law establishes the mandate of each of the four bodies, and their composition, organization, and procedures. article 113 the supreme judicial council enjoys administrative and financial independence and shall be self-managing. it prepares its own draft budget which it discusses before the competent committee of the assembly of the representatives of the people. article 114 the supreme judicial council ensures the sound functioning of the justice system and respect for its independence. the general assembly of the three judicial councils proposes reforms and gives its opinions on draft laws related to the judicial system. such laws must be reviewed by the general assembly. each of the three councils is responsible for making decisions on the professional careers of judges and on disciplinary measures taken against them. the supreme judicial council shall prepare an annual report and submit it, in the month of july at the latest, to the president of the republic, the speaker of the assembly of the representatives of the people, and the head of government. the report shall be published. the assembly of the representatives of the people shall discuss the annual report at the beginning of the judicial year in a plenary session, in dialogue with the supreme judicial council. section two. the judicial system article 115 the judiciary is composed of the court of cassation, appellate courts and courts of first instance. the public prosecution service is part of the judicial justice system, and benefits from the same constitutional protections. the judges of the public prosecution service exercise their functions as determined by the law and within the framework of the penal policy of the state in conformity with the procedures established by the law. the court of cassation prepares an annual report which it submits to the president of the republic, the speaker of the assembly of the representatives of the people, the head of government and the president of the supreme judicial council. the report is published. the law establishes the organization of the judicial system, its mandates, its procedures, as well as the statute of its judges. section three. administrative judiciary article 116 the administrative judiciary is composed of the supreme administrative court, administrative courts of appeal, and administrative courts of first instance. the administrative judiciary has jurisdiction over any abuse of power by the administration as well as all administrative disputes. the administrative judiciary shall exercise consultative functions, in accordance with the law. the supreme administrative court shall prepare a general annual report which it submits to the president of the republic, the speaker of the assembly of the representatives of the people, the head of government, and the president of the supreme judicial council. this report is published. the law regulates the organization of the administrative judiciary, its mandate, procedures, as well as the statute of its judges. section four. financial judiciary article 117 the financial judiciary is composed of the court of audit with its different bodies. the court of audit oversees the sound management of public funds in accordance with the principles of legality, efficiency and transparency. the financial judiciary rules on the accounts of public auditors. it assesses accounting methods and sanctions errors and failings that it discovers. the financial judiciary assists the legislative and executive powers in overseeing the execution of the finance law and the closure of the budget. the court of audit prepares a general annual report and submits it to the president of the republic, the speaker of the assembly of the representatives of the people, the head of government, and the president of the supreme judicial council. the report is published. the court of audit shall, when necessary, prepare special reports that it may decide to publish. the organization, mandate and procedures of the court of audit, as well as the statute of its judges, are regulated by law. part two. the constitutional court article 118 the constitutional court is an independent judicial body, composed of 12 competent members, three-quarters of whom are legal experts with at least 20 years of experience. the president of the republic, the assembly of the representatives of the people, and the supreme judicial council shall each appoint four members, three quarters of whom must be legal specialists. the nomination is for a single nine-year term. one-third of the members of the constitutional court shall be renewed every three years. any vacancies in the court shall be filled according to the same procedure followed upon the establishment of the court, taking into account the appointing party and the relevant areas of specialization. members of the court elect a president and a vice president of the court from amongst its members who are specialists in law. article 119 combining membership in the constitutional court with any other function or task is prohibited. article 120 the constitutional court is the sole body competent to oversee the constitutionality of the following: draft laws, upon the request of the president of the republic, the head of government, or thirty members of the assembly of the representatives of the people. the request shall be filed within seven days from the assembly’s ratification of the draft law or ratification of a draft law in a modified version, after it has been returned from the president of the republic. constitutional draft laws submitted to it by the president of the assembly of the representatives of the people as specified in article 144 or to determine whether the procedures of amending the constitution have been respected. treaties presented to it by the president of the republic before the draft law approving them is signed. laws referred to it by courts as a result of a request filed by a court, in the case of the invocation of a claim of unconstitutionality by one of the parties in litigation, in accordance with the procedures established by law. the rules of procedure of the assembly of the representatives of the people, submitted to it by the speaker of the assembly. the constitutional court is also responsible for other tasks that are conferred upon it by the constitution. article 121 decisions of the constitutional court are passed within 45 days from the date of challenging constitutionality. decisions are taken by the absolute majority of the members of the constitutional court. the decision of the court shall state whether the challenged rulings are constitutional or not. decisions passed by the constitutional court shall be reasoned, binding to all authorities and published in the official gazette of the tunisian republic. if the deadline specified in the first paragraph expires without the court having passed its decision, it must immediately refer the draft law to the president of the republic. article 122 an unconstitutional draft law shall be referred to the president of the republic who refers it to the assembly of the representatives of the people for a second reading in accordance with the constitutional court’s decision. the president of the republic shall, before signing the draft law, resubmit it to the constitutional court to reconsider and rule on its constitutionality. in the case of the assembly of the representatives of the people adopting a draft law, amended following its return, and where the court had affirmed its constitutionality or referred it to the president after expiry of the deadline for rendering its decision, the president of the republic shall then refer it to the constitutional court before signing it. article 123 in the event the constitutional court is asked to rule on a claim of unconstitutionality, the court shall limit itself to examining the challenges made, on which it rules within a three-month period renewable only once and for the same period, and on the basis of a reasoned decision. if the constitutional court decides that a law is unconstitutional, the law’s implementation is suspended within the limits specified by the court. article 124 the law shall regulate the organization of the constitutional court, and the procedures it should follow, as well as the guarantees enjoyed by its members. title six. independent constitutional bodies article 125 the independent constitutional bodies act in support of democracy; and all institutions of the state must facilitate their work. these bodies shall enjoy a legal personality and financial and administrative independence. they are elected by the assembly of the representatives of the people by a qualified majority. they are responsible before the assembly and shall submit an annual report to it. the report of each independent constitutional body is discussed in a special plenary session of the assembly. the law establishes the composition of these bodies, representation within them, the methods by which they are elected, and the processes for oversight of their functioning, and the procedures for insuring their accountability. part one. the elections commission article 126 the elections commission, named the supreme independent elections commission, is responsible for the management and organization of elections and referenda, supervising them in all their stages, ensuring the regularity, integrity, and transparency of the election process, and announcing election results. the commission has regulatory powers in its areas of responsibility. the commission shall be composed of nine independent, impartial, and competent members, with integrity, who undertake their work for a single six-year term. one third of its members are replaced every two years. part two. audio-visual communication commission article 127 the audio-visual communication commission is responsible for the regulation and development of the audio-visual communication sector and ensures freedom of expression and information, and the establishment of a pluralistic media sector that functions with integrity. the commission has regulatory powers in its domain of responsibility. it must be consulted on draft laws in its areas of competence. the commission shall be composed of nine independent, neutral, competent, experienced members with integrity, who serve for one six-year term. one third of its members are replaced every two years. part three. human rights commission article 128 the human rights commission oversees respect for, and promotion of, human freedoms and rights, and makes proposals to develop the human rights system. it must be consulted on draft laws that fall within the domain of its mandate. the commission conducts investigations into violations of human rights with a view to resolving them or referring them to the competent authorities. the commission shall be composed of independent and impartial members with competence and integrity. they undertake their functions for a single six-year term. part four. commission for sustainable development and the rights of future generations article 129 the commission for sustainable development and the rights of future generations shall be consulted on draft laws related to economic, social and environmental issues, as well as development plans. the commission may give its opinion on issues falling within its areas of responsibility. the commission shall be composed of members with competence and integrity, who undertake their tasks for a single six-year term. part five. the good governance and anti-corruption commission article 130 the good governance and anti-corruption commission contributes to policies of good governance, and preventing and fighting corruption. it is responsible for following up on the implementation and dissemination of these policies, for the promotion of a culture of good governance, and for the consolidation of principles of transparency, integrity and accountability. the commission is responsible for monitoring cases of corruption within the public and private sectors. it carries out investigations into these cases and refers them to the competent authorities. the commission must be consulted on draft laws related to its area of competence. it can give its opinion on regulatory texts related to its area of competence. the commission is composed of independent, impartial, competent members, with integrity, who undertake their tasks for a single sixyear term. one third of the members are replaced every two years. title seven. local government article 131 local government is based on decentralization. decentralization is achieved through local authorities comprised of municipalities, districts, and regions covering the entire territory of the republic in accordance with boundaries established by law. the law may provide for the creation of specific types of local authorities. article 132 local authorities shall enjoy legal personality as well as financial and administrative independence. they manage local matters in accordance with the principle of administrative autonomy. article 133 local authorities are headed by elected councils. municipal and regional councils are elected through general, free, direct, secret, fair, and transparent elections. district councils are elected by the members of municipal and regional councils. the elections law shall guarantee the representation of youth in local authority councils. article 134 local authorities possess their own powers, powers shared with the central authority, and powers delegated to them from the central government. the joint and delegated powers shall be distributed in accordance with the principle of subsidiarity. local authorities shall enjoy regulatory powers in exercising their mandates. regulatory decisions of the local authorities shall be published in an official gazette of local authorities. article 135 local authorities shall have their own resources, and resources provided to them by the central government, these resources being proportional to the responsibilities that are assigned to them by law. all creation or transfer of powers by the central government to the local authorities shall be accompanied by corresponding resources. the financial system of local authorities shall be established by law. article 136 the central government shall provide additional resources for local authorities in order to apply the principle of solidarity, in a balanced and organized manner. the central government works towards achieving balance between local revenues and expenditures. a portion of revenues coming from the exploitation of natural resources may be allocated to the promotion of regional development throughout the national territory. article 137 local authorities shall have the freedom to manage their resources freely within the budget that is allocated to them, in accordance with the principles of good governance and under the supervision of the financial judiciary. article 138 local authorities are subject to post-audit to determine the legality of their actions. article 139 local authorities shall adopt the mechanisms of participatory democracy and the principles of open governance to ensure the broadest participation of citizens and of civil society in the preparation of development programmes and land use planning, and follow up on their implementation, in conformity with the law. article 140 local authorities may cooperate and enter into partnerships with each other with a view to implementing programmes or carrying out activities of common interest. local authorities may also establish foreign relations of partnership and decentralized cooperation. rules for cooperation and partnership between authorities shall be regulated by law. article 141 the high council of local authorities is a representative structure for all local authorities’ councils. the high council headquarters will be located outside of the capital. the high council of local authorities has jurisdiction to consider issues related to development and regional balance, and gives its advice with respect to any draft law related to local planning, budget, and financial issues. the president of the high council of local authorities may be invited to attend discussions of the assembly of the representatives of the people. the composition and tasks of the high council of local authorities shall be established by law. article 142 the administrative judiciary rules on all jurisdictional disputes arising between local authorities and between the central government and local authorities. title eight. amending the constitution article 143 the president of the republic, or a third of the members of the assembly of the representatives of the people, have the right to propose amending the constitution. a proposition initiated by the president of the republic shall have priority of consideration. article 144 the speaker of the assembly of the representatives of the people shall submit all propositions to amend the constitution to the constitutional court to ensure that such propositions do not affect any provision that cannot be amended in accordance with this constitution. the assembly of the representatives of the people shall study the proposed amendment with a view to obtaining the approval of the absolute majority of the members on the principle of amendment. the constitution shall be amended upon the approval of two-thirds of the members of the assembly of the representatives of the people. after an amendment by two-thirds of the members of the assembly has been approved, the president may submit the amendment to referendum in which case it will be adopted if it receives an absolute majority of votes cast. title nine. final provisions article 145 this constitution’s preamble is an integral part of the constitution. article 146 the constitution’s provisions shall be understood and interpreted in harmony, as in indissoluble whole. article 147 within one week after the adoption of the constitution in its entirety, in conformity with provisions of article 3 of the constituent law 6-2011 dated 16 december 2011, relative to the provisional organization of public powers, the national constituent assembly shall meet in extraordinary plenary session during which the constitution is to be signed by the president of the republic, the president of the national constituent assembly, and the head of the government. the president of the national constituent assembly immediately orders its publication in a special edition of the official gazette of the tunisian republic. the constitution enters into force immediately after its publication. the president of the national constituent assembly announces in advance the date of its publication. title ten. transitional provisions article 148 dispositions of articles 5, 6, 8, 15 and 16 of the provisional regulations of public powers remain in effect until the election of the assembly of the representatives of the people. dispositions of article 4 of the provisional regulations of public powers remain in effect until the election of the assembly of the representatives of the people. nevertheless, from the entry into force of the constitution, no draft law presented by the deputies is admissible unless it relates to the electoral process, the transitional justice system or the bodies created by all the laws adopted by the national constituent assembly. dispositions of articles 7, 9 to 14 and article 26 of the provisional regulations of public powers remain in effect until the election of the president of the republic according to the dispositions of article 74 and after of the constitution. provisions of articles 17 through 20 of the provisional regulations of public powers remain in effect until the first government obtains confidence from the assembly of the representatives of the people. the national constituent assembly continues to exercise its legislative, electoral and oversight powers established by the constituent law relating to the provisional regulations of public powers or by the laws in effect, until the election of the assembly of the representatives of the people. the dispositions mentioned below enter into force as follows: dispositions of title three relating to the legislative authority, with the exception of articles 53, 54, 55, as well as part two of title four concerning the government, enter into force from the date of the announcement of the definitive results of the first legislative elections; with the exception of articles 74 and 75, the dispositions of part one of title four relating to the president of the republic enter in force from the date of the announcement of the definitive results of the first direct presidential elections. articles 74 and 75 enter into force only when the president of the republic is elected directly; with the exception of articles 108 through 111, the dispositions of part one of title five relating to the judicial, administrative, and financial judiciary enter into force after the creation of the supreme judicial council; with the exception of article 118, the dispositions of part two of title five relating to the constitutional court enter into force upon the creation of the first constitutional court; dispositions of title six relating to the constitutional bodies enter into force after the election of the assembly of the representatives of the people; dispositions of title seven relating to local authorities enter into force as soon as the laws mentioned in the title enter into force. presidential and legislative elections are organized in the period starting four months after the creation of the higher independent elections commission and, in any event, no later than the end of 2014. endorsements are made in the first direct presidential election by a number of members of the national constituent assembly corresponding to the number set for the members of the assembly of the representatives of the people, or the number of registered voters, as stated by the election law. the supreme judicial council shall be created within a maximum of six months from the date of the first legislative elections; and the constitutional court shall be created within a maximum of one year from the elections. the two first partial renewals of the constitutional court, the elections commission, the audio-visual communications commission, and the good governance and anti-corruption commission are carried out by a draw of lots between the initially nominated members. the chairpersons of these bodies are excluded from these draws. in the first three months following the promulgation of the constitution, the national constituent assembly creates, by an organic law, a provisional authority in charge of determining the constitutionality of laws. it is composed of: the first president of the court of cassation, president; the first president of the administrative court, member; the first president of the audit court, member; three members, experts in law, each appointed on an equal basis by the president of the national constituent assembly, the president of the republic and the head of government. all courts are not authorized to determine the constitutionality of laws. the mandate of this authority ends after the creation of the constitutional court. the provisional authority responsible for supervising the judicial justice system retains its functions until the creation of the supreme judicial council. the independent authority for audio-visual communications retains its mandate until the election of the audio-visual communication commission. the state undertakes to apply the transitional justice system in all its domains and according to the deadlines prescribed by the relevant legislation. in this context the invocation of the non-retroactivity of laws, the existence of previous amnesties, the force of res judicata, and the prescription of a crime or a punishment are considered inadmissible. article 149 military tribunals continue to exercise the jurisdiction they have been granted by the current laws until they are amended by the dispositions of article 110. and god is the guarantor of success. part one the foundations of state chapter i. the political foundations article 1 the republic of yemen is an arab, islamic and independent sovereign state whose integrity is inviolable, and no part of which may be ceded. the people of yemen are part of the arab and islamic nation. article 2 islam is the religion of the state, and arabic is its official language. article 3 islamic shari'ah is the source of all legislation. article 4 the people of yemen are the possessor and the source of power, which they exercise directly through public referendums and elections, or indirectly through the legislative, executive and judicial authorities, as well as through elected local councils. article 5 the political system of the republic of yemen is based on political and partisan pluralism in order to achieve a peaceful transformation of power. the law stipulates rules and procedures required for the formation of political organizations and parties, and the exercise of political activity. misuse of governmental posts and public funds for the special interest of a specific party or political organization is not permitted. article 6 the republic of yemen confirms its adherence to the un charter, the international declaration of human rights, the charter of the arab league, and principles of international law which are generally recognized. chapter ii. the economic foundations article 7 the national economy is based on freedom of economic activity which benefits both the individual and society and which enhances national independence. the national economy should be founded on the following principles: islamic social justice in economic relations which aims at developing and promoting production, achieving social integration and equilibrium, providing equal opportunities and promoting higher living standards in society. lawful competition between the public, private, cooperative and mixed economic sectors, and realisation of equal and just treatment in all sectors. protection and respect for private ownership, which cannot be confiscated unless necessary in the public interest, in lieu of fair consideration and in accordance with law. article 8 all types of natural resources and sources of energy, whether aboveground, underground, in territorial waters, on the continental shelf or the exclusive economic zone are owned by the state, which assure their exploitation for the common good of the people. article 9 the state's economic policy shall be based on scientific planning which ensures the best utilization of all resources and the promotion of capabilities for all economic sectors in all socio-economic fields of development and within the state's development plan which serves the common interest and the national economy. article 10 the state shall sponsor free trade and investment in a way that serves the national economy. it shall issue legislation that guarantees protection for producers and consumers alike, assures availability of basic commodities and promotes anti-trust laws. the state shall undertake to promote private capital investments in all socio-economic development fields all in accordance with the law. article 11 the law shall regulate the state's official currency and the financial and banking systems. it shall also define measurements, standards and weights. article 12 taxes should be assessed with regard to the public interest in order to achieve social justice among citizens. article 13 the imposition, adjustment and revocation of taxes shall only be authorized by law. no one shall be partially or fully exempted from tax-payments unless the law stipulates so and no one shall be subject to taxes, or other charges unless so dictated by law. the imposition, collection, adjustment, exemption and disposition of duties and fees shall only be dictated by law. article 14 the state shall encourage cooperation and savings. it shall sponsor efforts to establish cooperative projects and activities of all kinds. article 15 the law shall specify the basic rules for the collection and disbursement of public funds. article 16 the executive power is not authorized to contract loans or guarantee them or associate itself with a project that entails the spending of public funds in a coming year/years without the approval of the house of representatives. article 17 the law shall specify the scales of salaries, wages. compensations, subsidies and bonuses payable from the government treasury. article 18 contracting concessions regarding natural resources and public facilities should be undertaken according to the law. the law may illustrate some cases of limited significance in which concessions could be granted according to rules and procedures clarified in the law. the law shall define cases and ways of granting certain immobile and mobile property, and rules and procedures to be undertaken. the law shall also regulate the ways of awarding concessions to local entities/units and the free disposal/ use of public funds. article 19 public funds and properties are inviolable. the state and all members of society shall maintain and protect them. any attack on or misuse of these, shall be considered sabotage and an aggression on society, and those who violate their sacrosanctity shall be punished in accordance with the law. article 20 general confiscation of property is prohibited, private confiscation is not allowed without a legal judgment. article 21 the state shall collect the zakat (shari'ah tax) and shall spend it through its legal channels in accordance with law. article 22 endowment properties are inviolable. those who control them are obliged to improve and develop their resources and spend them in a way that secures the accomplishment of their objectives and legal aims. article 23 the right of inheritance is guaranteed in accordance with islamic tenets (shari'ah). a special law will be issued accordingly. chapter iii. social and cultural foundations article 24 the state shall guarantee equal opportunities for all citizens in the fields of political, economic, social and cultural activities and shall enact the necessary laws for the realization thereof. article 25 yemeni society is based on social solidarity, which is based on justice, freedom and equality according to the law. article 26 the family is the basis of society, its pillars are religion, customs and love of the homeland. the law shall maintain the integrity of the family and strengthen its ties. article 27 the state shall guarantee freedom of scientific research and achievements in the fields of literature, arts and culture, which conform with the spirit and objectives of the constitution. the state shall provide means conducive to such achievements and shall provide support and encouragement for scientific and technical invention, and artistic creation and shall protect achievements thereof. article 28 public office is a duty and an honour. persons in public office are to serve the public interest and the people. the law shall specify the terms of public service and the duties and rights of persons in public office. article 29 work is a right, an honour, and a necessity for society's progress. every citizen has the right to choose the appropriate work for himself within the law. no citizen can be compelled to do any work except within the law, and in which case it is to serve the common interest and be in return for a fair wage. the law shall regulate union activities and professional work, and the relationship between workers and employers. article 30 the state shall protect mothers and children, and shall sponsor the youth and the young. article 31 women are the sisters of men. they have rights and duties, which are guaranteed and assigned by shari'ah and stipulated by law. article 32 education, health and social services are the basic pillars for building and developing the society. society shall with the state take part in providing them. article 33 in cooperation with society, the state bears responsibility for consequences resulting from natural disasters and public crises. article 34 it is the duty of the state and all members of society to protect and maintain the archaeological and historical sites. any abuse of the sites or aggression on archaeological finds shall be considered sabotage and an assault against society. the law shall punish those who abuse their inviolability or sell them. article 35 environmental protection is the collective responsibility of the state and the community at large. each individual shall have a religious and national duty to protect the environment. chapter iv. the national defense foundations article 36 the state is the authority to establish the armed forces, the police, the security forces and any such bodies. such forces belong to all the people and their function is to protect the republic and safeguard its territories and security. no organization, individual, group, political party or organization may establish forces or paramilitary groups for whatever purpose or under any name. the law stipulates the conditions for military service, promotion and disciplinary procedures in the military, police and security forces. article 37 general mobilization shall be organized according to the law and shall be proclaimed by the president of the republic following the approval of the house of representatives. article 38 the national defense council, headed by the president of the republic, will exist to attend to matters pertaining to means of safeguarding the republic and its security. the law shall determine its composition, duties and other functions. article 39 the police is a civilian and regular force which performs its duties for the service of the people and guarantees peace and security for the people. it shall preserve the law, keep public order, maintain common decency, implement the orders of the judicial authority and execute duties dictated to it by the country's laws, and regulations. article 40 military, security, police and other forces shall not be employed in the interest of a party, an individual or group. they shall be safeguarded against all forms of differentiation resulting from party affiliation, racism, factionalism, regionalism and tribalism in order to guarantee their neutrality and the fulfillment of their duties in the proper manner. the members of all forces are banned from party memberships and activities according to the law. part two. the basic rights and duties of citizens article 41 citizens are all equal in rights and duties. article 42 every citizen has the right to participate in the political, economic, cultural life of the country. the state shall guarantee freedom of thought and expression of opinion in speech, writing and photography within the limits of the law. article 43 the citizen has the right to elect and nominate himself as a candidate in an election, as well as the right to demonstrate his opinion in a referendum. the law shall regulate the provisions regarding the practice of this right. article 44 the law shall regulate yemeni nationality. any yemeni shall not be deprived of his nationality. once yemeni nationality is acquired it may not be withdrawn except in accordance with the law. article 45 a yemeni national may not be extradited to a foreign authority. article 46 extraditing political refugees is prohibited. article 47 criminal liability is personal. no crime or punishment shall be undertaken without a provision in the shari'ah or the law. the accused is innocent until proven guilty by a final judicial sentence, and no law may be enacted to put a person to trial for acts committed retroactively. article 48 the state shall guarantee to its citizens their personal freedom, preserve their dignity and their security. the law shall define the cases in which citizens freedom may be restricted. personal freedom cannot be restricted without the decision of a competent court of law. no individual can be arrested, searched or detained unless caught in the act (in flagrant delicto) or served with a summons from a judge or the public prosecutor, which is necessary for the progress of an investigation or the maintenance of security. no person can be put under surveillance unless in accordance with the law. any person whose freedom is restricted in any way must have his dignity protected. physical and psychological torture is prohibited. forcing confessions during investigations is forbidden. the person whose freedom is restricted has the right not to answer any questions in the absence of his lawyer. no person may be imprisoned or detained in places other than those designated as such and governed by the law of prisons. physical punishment and inhumane treatment during arrest, detention or imprisonment are prohibited. any person temporarily apprehended on suspicion of committing a crime shall be presented in front of a court within a maximum of 24 hours from the time of his detention. the judge or public prosecutor shall inform the detained individual of the reason for his detention and questioning and shall enable the accused to state his defense and rebuttals. the court then gives a justified order for the release of the accused or for the extension of his detention. in any cases, the prosecutor is not entitled to continue detention of the accused individual more than several days except with a judicial order. the law shall define the maximum period of custody. upon arrest, for whatever reason, a person may immediately contact someone of his choice. the same notification shall be repeated whenever a court orders the continuation of the detention. if the nominated person can not be notified, the detainee's relative or concerned persons shall be notified. the law shall determine the punishment for whosoever violates any of the stipulations of this article and it shall also determine the appropriate compensation for any harm the person suffers as a result of such a violation. physical or psychological torture at the time of arrest, detention or jail is a crime that cannot be prescribable. all those who practice, order, or participate in executing, physical or psychological torture shall be punished. article 49 the right to defend oneself in person or by representation is guaranteed during all periods of investigation and in front of all courts, in accordance with the rules of the law. the state shall guarantee judicial assistance to those who cannot afford it, according to the law. article 50 execution of punishments shall not be undertaken by illegal means. the law shall organize such matter. article 51 citizens have the right of recourse to the courts to protect their rights and lawful interests. they also have the right to submit their complaints, criticisms, and suggestions to the various government bodies directly or indirectly. article 52 residences, places of worship, and educational institutions have a sanctity which may not be violated through surveillance or search except in the cases stipulated by the law. article 53 the state shall guarantee the freedom and confidentiality of mail, telephone, telegram and all other means of communication, none of which may be censored, searched, exposed, delayed or confiscated except in cases specified by law and according to a court order. article 54 education is a right for all citizens. the state shall guarantee education in accordance with the law through building various schools and cultural and educational institutions. basic education is obligatory. the state shall do its best to obliterate illiteracy and give special care to expanding technical and vocational education. the state shall give special attention to young people and protect them against perversions, provide them with religious, mental and physical education, and the appropriate environment to develop their aptitude in all fields. article 55 health care is a right for all citizens. the state shall guarantee this by building various hospitals and health establishments and expanding their care. the law shall organize the medical profession. the expansion of free health services and health education among the citizens. article 56 the state shall guarantee social security for all citizens in cases of illness, disability, unemployment, old age or the loss of support. the state shall especially guarantee this, according to the law, for the families of those killed in war. article 57 freedom of movement from one place to another within the country is guaranteed for all citizens, and may not be restricted except by law and for reasons necessitated by the security and safety of the people. the law shall regulate entry and exit from yemen. no citizen may be deported from or denied return to yemen. article 58 in as much as it is not contrary to the constitution, the citizens may organize themselves along political, professional and union lines. they have the right to form associations in scientific, cultural, social and national unions in a way that serves the goals of the constitution. the state shall guarantee these rights, and shall take the necessary measures to enable citizens to exercise them. the state shall guarantee freedom for the political, trade, cultural, scientific and social organizations. article 59 paying taxes and public dues is a duty according to the law. article 60 defending religion and the homeland is a sacred duty, military duty is an honour, and national service is to be organized by law. article 61 preserving national unity, safeguarding secrets of the state, respecting the laws and following their provisions are every citizen's duty. part three. organization of the state authorities chapter i. the legislative authority the house of representatives article 62 the house of representatives is the legislative authority of the state. it shall enact laws, sanction general state policies and the general plan for economic and social development as well as approve state budget and the balance sheet. it shall also oversee the activities of the executive authority as stipulated in this constitution. article 63 the house of representatives consists of 301 members, who shall be elected in a secret, free and equal vote directly by the people. the republic shall be divided into constituencies equal in number of population with a variation of not more than 5% plus or minus. each constituency shall elect a member to the house of representatives. article 64 a voter must meet the following two conditions: must be a yemeni citizen. must be at least 18 years old. a candidate for the house of representatives must meet the following conditions: must be a yemeni. must be at least 25 years old. must be able to read and write (literate). must be of good character and conduct, fulfill his religious duties and have no court convictions against him for committing crimes that contradict the rules of honour and honesty, unless he was pardoned/ reprieved. article 65 the term of the house of representatives is six calendar years starting from the date of its first session. the president of the republic shall call for a new parliamentary elections at least sixty (60) days before the house of representatives concludes its term. if in extraordinary circumstances elections cannot be held, the existing house shall continue to function until such circumstances are over and elections are duly held. article 66 the house of representatives is to be located in sana'a, the capital. internal regulations determine the conditions under which the house may hold meetings outside the capital city. article 67 the house of representatives issues its internal regulations, stipulating the procedures of its working committees, and its rules for practicing constitutional competence. such regulations, enacted and amended by law, may not contradict or amend any clause in the constitution article 68 the house shall be competent to determine the legitimacy of its membership. any appeal shall be submitted to the supreme court within 15 days of its delivery to the house. the court's findings and verdict must be submitted to the house, which will judge the validity of the appeal within 60 days of receiving the verdict of the court. membership of the house may not be nullified except by a resolution taken by two thirds of the house. the investigation must be completed within 90 days from the date of the submission of the appeal to the supreme court. article 69 the house of representatives alone shall have the exclusive right to maintain order and security within the premises of the house. the speaker of the house shall take charge of such responsibility through a special guard force under his command. no other armed force may enter the house premises or take positions near its entrances except at the request of the speaker. article 70 the house of representatives shall, on an invitation from the president of the republic, hold its first meeting no later than two weeks after the announcement of the results of the elections. if no such invitation is made, the house shall meet on the morning following the date of expiration of the said two weeks. article 71 at its first meeting, the house of representatives shall elect from among its members, the speaker and three deputies to from the presiding board of the house. the oldest member shall chair the house during the election of the speaker and the house's internal regulations shall specify all the procedures for electing the presiding board of the house, its duration and its other functions. the house shall include a general secretariat, presided over by a secretary general, the internal regulations of the house shall specify the rules that relate to its formation and other rules connected to it. article 72 for the meetings of the house of representatives to be valid, it is necessary for more than half of its members to attend, excluding those whose seats were declared vacant. decisions shall be taken by an absolute majority of the attending members except in cases where the constitution or house regulations demand a specific majority. if the results of voting are equally divided, further deliberations must be rejected within the same session, but shall be given priority if submitted in another session. article 73 meetings of the house of representatives shall be open to the public but the house may hold closed meetings at the request of the speaker, the president, the government, or at the request of at least twenty members of the house. the house shall then decide whether the discussion of the subject should be conducted openly or in closed meetings. article 74 the house shall annually hold two ordinary sessions. it may be called to hold extraordinary session. the internal regulations of the house shall specify the dates of the ordinary sessions and their duration. in times of necessity, the house may call for extraordinary sessions by presidential decree, a decision by the presiding board of the house, or a written request from one third of the members. the house session shall not be adjourned during the last quarter of the year before the endorsement of the general budget of the state. article 75 a member of the house of representatives represents the whole nation, guard the public interest and his representative may not be subjected to any restriction or special condition. article 76 a member of the house of representatives shall, prior to his assumption of membership duties, swear the constitutional oath before the house in an open session. article 77 the speaker and members of the house of representatives, the presidency board and other members of the house shall receive a fair remuneration specified by law. the chairman of the council of ministers, his deputies and ministers shall not be entitled to such remuneration if they happen to be members of the house representatives. article 78 if a seat of a member of the house of representatives becomes vacant for more than a year before the expiry of the house's tenure, a replacement shall be elected within sixty days of the house's declaration of the vacancy and this membership ends when the existing house duration comes to an end. article 79 a member of the house of representatives shall not interfere with the work of the executive or the judicial authorities. article 80 membership of the house of representatives may not be combined with membership of a local council or with any public employment. membership of the council of ministers may concur with membership of the house of representatives. article 81 a member of the house of representatives shall not be held responsible for facts he comes across or matters he raises in the house or any of its committees, or for his voting pattern in open or closed meetings. this does not apply to cases of slander or defamation by members. article 82 a member of the house of representatives may not be subject to procedures of investigation, inspection, arrest, imprisonment, or punishment except with the permission of the house of representatives save in the case his being caught in the act, and in such a case, the house shall be notified forthwith. the house shall make sure of the rectitude of the procedures followed in such cases. if the house is in recess, permission shall be sought from the presidency board of the house, and the house of representatives shall be notified at the first meeting following the procedures taken. article 83 member of the house of representatives submit their resignations to the house, which has the exclusive right to accept them. article 84 the membership of a member of the house of representatives may not be nullified unless any of the membership conditions stipulated in this constitution cease to apply, or if the member commits a grave violation of the membership duties according to the specifications of the internal regulations of the house. article 85 a member of the house of representatives and the government have the right to propose bills for laws, and their amendments. in the case of financial laws that aim at increasing or abolishing an existing tax, or decrease or give exemption from part of it, or aim at allocating part of the state funds for a certain project, these may only be proposed by the government or by at least 20% of the representatives. all the proposed laws presented by a member or additional members of the house shall not be referred to one of the committees of the house before being studied by a special committee which will determine whether the proposal meets the requirements for action by the house. if the house decides to discuss any of these it can be transferred to the committee responsible for examining and reporting thereon. any proposed law submitted by others than the government may not be submitted again during the same session. article 86 within a maximum of twenty five days of the formation of the new government, the chairman of the council of ministers shall present his government's programme to the house of representatives in order to win a vote of confidence by the majority of the members of the house. if the house of representatives is in recess, it is to be recalled for an extraordinary session. the members of the house and the house as a whole has the right to comment on the government's program. the failure of the government to win the required majority is to be considered a withholding of confidence. article 87 the house of representatives shall approve comprehensive social and economic development plans. the law shall be enacted to stipulate the process of the preparation of such plans, their submission to the house, the voting procedures and the process of issuance. article 88 the proposed general budget shall be submitted to the house of representatives at least two months before the beginning of the fiscal year. a vote shall be taken on each part of the budget. it shall be enacted by a law. the house may not change the proposed budget without the approval of the government. no allocation of revenue for a specific purpose may be authorized except by a law. if the budget law is not enacted before the beginning of the fiscal year, the previous year's budget shall be followed until the new budget is approved. the law shall specify the way to prepare and categorize the general budget as well as specifying the fiscal year. article 89 the transfer of any amount from one section to another of the general budget must be approved by the house of representatives. every expenditure not provided for in the budget or any additional revenue shall only be authorized by law. article 90 the law shall specify the rules of the budgets of public authorities, corporations and companies, their accounts, the autonomous and supplementary budgets, and their final accounts. with the exception of the above, these budgets shall be subject to the approval of the house. article 91 the final accounts of the government's annual budget shall be submitted to the house within a period that does not exceed nine months from the end of the fiscal year. voting on the bill shall be made on a section by section basis and shall be approved by an enactment of law. also the annual report of the organization concerned with the auditing and control of government accounts shall be submitted to the house, together with its comments thereon. the house of representatives has the right to ask the organization to submit any supplementary documents or reports. article 92 the house of representatives shall ratify international treaties and conventions of a general political and economic nature, in whatsoever from or level, and in particular those connected to defense, alliance, conciliation, peace or border issues. all international conventions and treaties which involve financial commitments on part of the state or require a law for enactment shall also be ratified by the house of representatives. article 93 the house of representatives shall have the right to forward recommendations to the government on matters of public concern or in connection with the performance of the executive branch or the performance of any member of that branch. the government shall be required to implement recommendations forwarded by the house of representatives. if such recommendations are deemed difficult to implement, the government shall be required to justify such an action to the house if the rationale provided by the government is not convincing to the house of representatives, the latter shall have the right to table a motion of no-confidence targeting any of the deputy-prime minister or any cabinet minister. the motion of no-confidence may not be submit to the house unless such a move is supported by, at least a quarter of the members of the house representatives following a parliamentary hearing in the presence of the official in question. the house representatives may not act upon a motion of no-confidence before at least (7) days following the submission of such a motion. a motion of no-confidence shall be sustained if supported by the house absolute majority. article 94 at least twenty per cent of the members of the house may table a motion to discuss a public issue, request explanation of government policies and exchange views concerning that issue. article 95 upon a request signed by at least ten of its members, the house of representatives may create a special committee or instruct one of its committees to investigate any issue which is contrary to public interest or to investigate the actions of any ministry, government agency, board, public/mixed corporation, or local councils. to carry out such investigations, the committee may gather proof and hold hearings by seeking testimony from any party/person it deems necessary. all executive and special authorities shall comply with any request forwarded by the above cited committee and shall put at the disposal of the said committee all relevant documentation and/or information. article 96 the responsibility of the council of ministers is both collective and individual. every member of the house of representatives may pose questions to the prime minister, any of his deputies, ministers or deputy ministers on any matter falling within their responsibilities and they are under obligation to provide answers accordingly. the questioning may not be converted into an interpellation during the same sitting. article 97 every member of the house has the right to direct an interpolation to the prime minister, his deputies and ministers to hold them accountable for matters under their charge. responses to and discussions of such interpellation shall take place after at least one week, except in cases which the house deems urgent, and to which the government agrees. article 98 the house of representatives may withdraw confidence from the government. the house may not withdraw confidence from the government before an interpellation directed at the prime minister or he who is acting on his behalf. the request for interpolation must be signed by a third of the members of the house. the house cannot vote on the issue of no-confidence in the government without seven day's notification of such a vote. a majority is necessary to pass a vote of no-confidence. article 99 the prime minister, his deputies, ministers, and their deputies are given the floor whenever they ask to clarify any points in the deliberations of the house of representatives. they may also bring along any senior officials to assist in such deliberations. however, such representatives of governments may not participate in the votes of the house unless they are members thereof. the government or any of its members must comply with the request of the house of representatives to attend any of its meetings. article 100 voting on bills is done on an article by article basis. the final vote must be on the bill as a whole. the internal regulations of the house explain the procedures in this respect. article 101 the president of the republic may not dissolve the house of representatives except in urgent circumstances and only after a nationwide referendum. the presidential decree to dissolve the house must offer an explanation for the reasons underpinning the dissolution and must call for a new parliamentary elections to be held within (60) days following the house dissolution. the president of the republic shall have the right to call for an early parliamentary elections without a nationwide referendum under the following circumstances: if no political party wins a clear majority in parliament to allow the president of the republic to name a prime minister to form the government or in circumstances where the formation of a coalition government is deemed impossible. if the house of representatives withhold confidence from the government more than twice consecutively unless such action contravenes with the provisions of (b:1) of this article. if the house of representatives withdraws confidence from the government more than twice in two consecutive years. in all circumstances, if the dissolution decree or the call for an early parliamentary elections does not make provisions for re-elections within (60) days following the house dissolution, or if elections did not take place, that decree shall be deemed void and the house shall meet by power of the constitution. if elections are held, the new house shall hold its first session within(10) days following elections completion. if the house is not called upon to convene, it shall nevertheless meet and hold its first session by the end of the (10) days period cited above in full compliance with the provisions of this constitution. once the house of representatives is dissolved, the new house may not be dissolved again for the same reason. the house of representatives may not be dissolved during its first session. article 102 the president of the republic has the right to request a review of any bill which is approved by the house. based on a reasoned decision, he must then return the bill to the house of representatives within thirty days of its submission. if he does not return the bill to the house within this period, or if the requested review is not heeded the bill is then approved once again by the majority of the house, it shall be considered a law, and the president shall issue it within two weeks. if the president does not issue the law, it comes into effect under the power of the constitution, and is, at once, published in the official gazette and come into operation two weeks later. article 103 all laws are published in the official gazette, and are announced within two weeks of issuance, and shall come into force within thirty days of their publication. this period may be shortened or extended by specific provision in the law. article 104 laws shall only apply to cases occurring after they become operative. no laws may be applied in a retroactive manner. however, in manners other than taxes and penal measures, specific stipulations in the law may determine otherwise. in such case, the approval of two thirds majority is needed in the house of representatives. chapter ii. the executive authority article 105 the executive authority shall be exercised, on behalf of the people, by the president of the republic and the council of ministers within the limits stated in the constitution. the first branch. the presidency of the republic article 106 the president of the republic is the president of the state and shall be elected according to the constitution. the president shall have a vice president to be appointed by the president. the rules of article 107, 117, 118 and 128 shall be applied to the vice president. article 107 every yemeni who meets the following specified conditions may become a candidate for the post of the president of the republic: to be at least forty years old. to be a descendant of yemeni parents. to be at liberty to practice his political and civil rights. to be of good character, practices his islamic duties and have no dishonorable criminal record and if so, he has been reprieved. not to be married to a foreign spouse or to enter into such a marriage during his term of office. article 108. nomination and election of the president shall be as follows: applications for candidacy shall be submitted to the speaker of the house of representatives. applications shall be screened jointly by the presidium of the house of representatives and the consultative council (majlis al-shura ) to ensure that presidential candidates meet constitutional requirements. names of candidates who meet constitutional requirements shall be reviewed for approval in a joint session of the house of representatives and the consultative council. successful candidates must secure the nomination of at least 5% of those attending the joint session cited above. confirmation of nomination shall be via direct and secret balloting. the joint meeting of the house of representatives and the consultative council shall be required to forward secondment of at least 3 candidates for the post of the president of the republic before submitting the candidates to the people in preparation for a free and competitive election. the number of candidates for a presidential election shall not be less than two. election of the president of the republic shall be by means of direct popular voting in competitive elections. the candidate who secures an absolute majority of the popular votes shall be deemed the president of the republic. if none of the candidates secures an absolute majority, re-elections shall be called upon in compliance with the above-cited procedures. only the two candidates who managed to secure the highest number of popular votes shall run for re-election. article 109 the president of the republic must perform the constitutional oath in front of the house of representatives before assuming his responsibilities. article 110 the president of the republic shall materialize the will of the people, respect the constitution and law, protect national unity and principles and objective of the revolution. he shall adhere to the principle of a peaceful transition of power, supervise the sovereign tasks concerning the defense of the republic and foreign policy, and exercise his authority according to the constitution. article 111 the president of the republic is the supreme commander of the armed forces. article 112 the official term of the president of the republic shall be seven calendar years effective from the date the president elect swears allegiance to the constitution. no person may assume the office of the president of the republic for more than two seven-year terms. article 113 if the term of the house of representatives expires in the same month as the term of the president of the republic, then the president term is prolonged until parliamentary elections are held. within sixty days of the first meeting of the new house of representatives, the new president shall be elected. article 114 within ninety days prior to the expiry of the term of the president, procedures must be initiated to elect the new president. the election thereof must be completed at least one week before the expiry date. if such elections cannot take place for any reason, the former president continues his functions for a maximum of ninety days based on an authorization from the house of representatives. the prolongation of the term for more than ninety days can only take place if the country is in a state of war or suffering a natural disaster or another emergency situation, under which electing the president becomes impossible. article 115 the president may submit his resignation, stating his reasons, to the house of representatives which may accept it by an absolute majority vote of all its members. if the resignation is not accepted, the president may submit a further resignation within three months, and this time the house of representatives is obliged to accept it. article 116 if the post of the president of the republic becomes vacant or should the president become permanently disabled, the vice president temporarily takes over the presidential functions for a period that does not exceed sixty days, during which new elections for the president of the republic shall take place. if the posts of the president of the republic and vice president become vacant at the same time, the presiding board of the house shall temporarily take over the functions of the president. if the house of representatives is under dissolution, the government shall replace the presiding board of the house in carrying out the functions of the presidency, and in this case election of the president of the republic shall take place within a period that does not exceed sixty days from the first session of the new house of representatives. article 117 the law determines the salaries and appropriations of the president of the republic, and he is not entitled to any other emolument or remuneration. article 118 the president of the republic may not during his term, directly or indirectly, engage in any private business of any kind whether commercial, financial, or industrial. he is not allowed to buy or rent government property, not even through an open auction and he is not allowed to lease, sell, or barter any of his property to the state. article 119 the responsibilities of the president of the republic are as follows: to represent the republic internally and externally. to call the voters, at the specified time, to elect the house of representatives. to call for national referenda. to name the person who will form the government, and to issue a republican decree with the names of the cabinet members. to lay down, jointly with the government, the general policy of the state and to oversee the implementation of the policy as stipulated in the constitution. to call the cabinet to a joint meeting with the president, as the need arises. to name the members of the national defense council according to the law. to promulgate the laws passed by the house of representatives and their publication, and to issue the decrees that execute them. to appoint and dismiss senior government officials and military/police officers according to the law. to establish military ranks according to the law. to award badges, medals and decorations stipulated by law, or to permit the wearing of badges and honours awarded by other states. to issue decrees endorsing treaties and conventions approved by the house of representatives. to ratify agreements that do not require the approval of the house of representatives if approved by the cabinet. to establish diplomatic delegations abroad and to appoint and recall ambassadors according to the law. to accredit diplomatic representatives of foreign countries and organizations. to grant political asylum. to proclaim states of emergency and general mobilization according to the law. any other functions stipulated in the constitution and law. article 120 the president of the republic, following a proposal by the relevant minister and approval from the council of ministers, shall issue resolutions and regulations to implement laws and to regulate and organize general administration and government departments. these regulations may not obstruct any law and may not have the effect of exempting any one from abiding by them. the president may authorize others to issue such regulations. the law may designate who issues such regulations. article 121 the president declares a state of emergency by a republic can decree according to the law. the house of representatives shall be called to session within one week and be presented with the declaration of emergency. if the house of representatives is dissolved, then the old house of representatives is called to session by the constitution. if the house is not called to session, or the declaration of the state of emergency has not been presented to it, then the state of emergency shall cease to exist according to the constitution. in all cases, a state of emergency is only declared in circumstances of war, internal discord, or natural disasters. declaring the state of emergency shall only be for a limited time, and may not be extended, except with the approval of the house of representatives. article 122 the president of the republic has the right to demand reports from the prime minister concerning the implementation of the duties of the council of ministers. article 123 a death sentence shall not be executed unless endorsed by the president of the republic. article 124 the vice president assists the president in his duties. the president may delegate some functions of his to the vice president article 125 a consultative council shall be formed by power of a presidential decree. council members shall be drawn from a corpus of qualified individuals with professional expertise and from social dignitaries in order to widen the base of political participation and make use of national experts in the decision-making process. the consultative council shall have constitutional powers to: commission studies and forward proposals and recommendations to inform government agencies on issues such as development strategies and to contribute to institutional capacity-building of state agencies. the studies cited above shall aim at addressing social issues and thug consolidating national unity and social cohesion. give opinion and counsel to the president of the republic at request. offer counseling and present informed opinion on the state's national strategies particularly in political, economic, social, military and security matters to assist state agencies in realizing these strategies at the local and national levels. provide counseling and offer informed opinion on the government's administrative reform programs and on modernization and institutional capacity-building issues. hold joint sessions in conjunction with the house of representatives to second nominations for the office of the president of the republic, approve socio-economic development plans and ratify agreements and treaties of defense, alliance, conciliation, peace and border concerns. in addition, members of the consultative council shall have the right to offer counseling and present informed opinion on matters forwarded by the president to the joint sessions. promote freedom of the press, cultivate the development of civil societies and sponsor studies aiming at improving the performance of these institutions. advance the cause of local authority through assessment studies with an eye on the promotion and cultivation of this democratic experience. assess the government's economic, financial, fiscal and investment policies and programs on annual basis. review periodic reports issued by the audit and control bureau and forward a summary report of these to the president of the republic. article 126 the consultative council shall consist of (111) members to be directly appointed by the president of the republic. members of the council shall not be drawn from the house of representatives or from local councils. the law shall stipulate membership conditions as well as the duties, rights and responsibilities of council members. council members shall have to attain the age of forty and shall be required to take the oath of office in the presence of the president of the republic. the consultative council shall draft internal regulations to govern its functions and duties. these by-laws shall be enacted by power of the law. article 127 the consultative council shall hold joint sessions in conjunction with the house of representatives upon a call from the president of the republic to discuss issues of mutual concern as detailed in the constitution. issues shall be resolved via voting by the absolute majority of members who are present in a joint ballot. the speaker of the house of representatives shall preside over such joint sessions. article 128 the president of the republic may be charged with grand treason, violation of the constitution, or any other action that prejudices the independence and sovereignty of the country. such a charge requires the petitioning of half of the house of representatives. the indictment decision on this matter requires the support of two thirds of the house of representatives and the law stipulates the procedures of the trial. if the charge is directed at the president and his deputy, then the presidency board of the house of representatives temporarily assumes the duties of the president and until the giving of the court's verdict on the charge brought against the president. the house of representatives shall pass the above mentioned law in the first regular round of its sessions once this constitution takes effect. if the court's verdict finds either of the two guilty, then he is relieved of his post by the constitution, and is then subject to the normal penalties of the law. in all cases, prescription shall not be applied to crimes stipulated in this article. the second branch. the council of ministers article 129 the council of ministers is the government of the republic of yemen, and it is the highest executive and administrative authority of the state. all state administrative organizations, bodies and executive organs, without exception, are under the directives of the council of ministers. article 130 the government is composed of the prime minister and his deputies and ministers who together shall form the council of ministers. the law defines the general basis for organizing ministries and the various bodies of the state. article 131 the prime minister, his deputies and the ministers shall meet the same conditions as must be met by a member of the house of representatives, in addition, his age must not be less than thirty years, excepting the prime minister who must not be less than forty years old. article 132 in consultation with the president of the republic, the prime minister chooses the members of his cabinet, and seeks the confidence of the house of representative on the basis of a program he submits to the house. article 133 the prime minister and ministers are collectively responsible for the actions of the government before the president of the republic and the house of representatives. article 134 before the prime minister and the ministers can assume their responsibilities, they shall perform the constitutional oath before the president of the republic. article 135 the law stipulates the salaries of the prime minister, his deputies, the ministers and vice-ministers. article 136 during their term of office, the prime minister and ministers may not engage in any other public office, or in any private, commercial, financial or industrial activities, even if indirectly. they may not participate in any undertakings the government (or any of its public corporations) contracts, and they may not combine the posts of minister with membership of the board of directors of any company. during their term, they may not purchase, refit or barter government property, even through an open bid. they may not lease, sell, or barter any of their property to the government. article 137 the council of ministers is responsible for the execution of overall state policies in the political, economic, social, cultural, and defense fields, according to the laws and cabinet's resolutions. in particular, it shall exercise the following: to participate, in conjugation with the president of the republic, in preparing broad outlines of internal and external policies. to prepare drafts of the national economic plan, and the annual budget, to organize and execute them, and to prepare the government's final annual account. to prepare drafts of laws and resolutions and present them to the house of representatives or the president of the republic according to the jurisdiction of each. to approve treaties and conventions before presenting them to the house of representatives or the president of the republic according to the responsibilities of each. to take the necessary measures to guard the internal and external security of the state, and to protect the rights of citizens. to guide, coordinate and review the activities of the ministers, the administrative apparatus corporations and boards and the public and mixed sectors according to the law. to appoint and dismiss senior government officials according to the law, and to set and execute the policies that technically intend to develop manpower in government organizations, and to train/qualify personnel according to the needs of the country within the framework of the economic plan. to follow up the execution of the laws, and to protect state funds. to supervise the organization and administration of the monetary, credit and insurance systems. to contract and award loans within the overall policies of the state, and within the limits of the provisions of the constitution. article 138 the prime minister shall mange the affairs of the council of ministers and shall head its meetings. he shall represent the council in the implementation of the state's general policies and shall supervise the execution of council decisions and overall state policies in a unified and coordinated manner. he may demand from any member of the cabinet, reports on any matter pertaining to their ministries and the duties assigned to them, and they must comply with such demands. article 139 the president of the republic and the house of representatives has the right to place the prime minister, or his deputies or ministers under investigation and trial for any crimes committed by them in discharging their duties or as a consequence thereof. a decision of the house of representatives to take such a measure shall be based on a proposal presented by at least one fifth of its members. the accusation may not be issued without the support of two thirds of the house. those accused according to paragraph 1 mentioned above shall be suspended from work until judgment is passed. their dismissal may not stop the charge against them or the course of the charge. the investigation and trial of the chairman of the council of ministers, his deputies and ministers and the trial procedures and guarantee (of fairness) shall be as stipulated by law. the roles of the previous items are applicable to vice ministers. article 140 if the council of ministers resigns, or is dismissed, or confidence is withdrawn, it remains as a caretaker government responsible for day to day administration until a new government is formed. a caretaker government may not appoint or dismiss officials. article 141 the prime minister, if it becomes clear that his cooperation with one of the members of the cabinet has become impossible, may request from the president the dismissal of the said member. article 142 if the prime minister becomes unable to carry out his responsibilities, or if the house of representatives bars withdraws confidence from the council of ministers, or a general election for the house of representatives is undertaken, the prime minister is obliged to tender the resignation of his government to the president of the republic. article 143 if the majority of the members of the council of ministers submit their resignations, the prime minister has to tender the resignation of the whole government. article 144 each minister is in charge of the supervision and direction of his ministry and its branches throughout the republic. he is responsible for the execution of the government's overall policies in his ministry. the law specifies the resolutions and regulations that the minister may issue to implement the law. the third branch. bodies of local authority article 145 the territory of the republic of yemen shall be divided into administrative units. the law shall specify their number, demarcation lines and divisions and shall explain the objective criteria underpinning such an administrative division. the law shall also detail procedural matters in connection with the nomination, election and/or selection and appointment of heads of these administrative units. duties and functions of these administrative units and their heads shall also be specified by law. article 146 the administrative units enjoy a nominal personality and shall have council which must be freely and fairly elected, both at the local and governorate level, which shall exercise their functions within the borders of the administrative area. they shall propose programmes, plans and investment budgets for the administrative unit as well as supervise, monitor and audit the agencies of the local authority according to law. the law shall specify the means for nomination and election of the local authority, its administration and financial resources, the rights and duties of its members, its role in the execution of development plans and programmes and all other provisions, through considering the adoption of the principle of administrative and financial decentralization as the foundation of a local administration system. article 147 all the administrative units and the local council are an inseparable part of the power of the state. the governors shall be responsible before the president of the republic and the council of ministers, whose decisions are obligatory to the districts and councils which must execute them in all cases. the law defines the methods of control over the actions of the local councils. article 148 the state shall encourage and sponsor the local development cooperatives as they are one of the most important means of local development. chapter iii. the judicial authority article 149 the judiciary authority is an autonomous authority in its judicial, financial and administrative aspects and the general prosecution is one of its sub-bodies. the courts shall judge all disputes and crimes. the judges are independent and not subject to any authority, except the law. no other body may interfere in any way in the affairs and procedures of justice. such interference shall be considered a crime that must be punished by law. a charge regarding such interference cannot be nullified with the passing of lime. article 150 the judiciary is an integrated system. the law organizes this system in terms of ranks, responsibilities, the terms and procedures of appointment, transfer and promotion of judges, and their other privileges and guarantees. exceptional courts may not be established under any conditions. article 151 members of the judiciary and public prosecution office shall not be dismissed except under the conditions stipulated by the law. they may not be transferred to non-judicial posts except with their own consent, the approval of the relevant judicial council, unless that was taken as a disciplinary measure. the law shall regulate the disciplinary trial of the judiciary and it organizes the legal profession. article 152 the judiciary shall set up the supreme judicial council. the law shall organize it, stipulate its jurisdiction and system of nominating and appointing its members. the supreme judiciary council shall execute these guarantees for the judiciary in the fields of appointment, promotion, discharge and dismissal according to the law. the council shall study and approve the judicial budget in preparation for inserting it as one item within the overall budget of the state. article 153 the supreme court of the republic is the highest judicial authority. the law shall specify how it can be formed, clarify its functions and the procedures to be followed before it. it shall undertake to do the following: judge on cases and pleas that laws, regulations, by-laws and decisions are not constitutional. judge disputes over conflict of jurisdiction. investigate and give opinions regarding appeals referred by the house of representatives which relate to its membership. rule on appeals of final judgments in civilian, commercial, criminal, personal and administrative disputes and disciplinary cases according to the law. to try the president of the republic, the vice president, the prime minister, his deputies, the ministers and their deputies according to the law. article 154 court sittings are open to the public unless a court determines, for reasons of security or general morals, to hold sessions behind closed doors. in all cases, verdicts are announced in an open session. part four. the emblem, flag and national anthem of the republic article 155 the law stipulates the republic's insignia, emblems, badges, and national anthem. article 156 the national flag is composed of three colors. these are, starting from the top: red white black article 157 the city of sana'a is the capital of the republic of yemen. part five. basis for amending the constitution and general provisions article 158 the president of republic and the house of representatives shall have the right to request amendment of one or more than one article of the constitution. the request must identify the article(s) that require amendment as well as the reasons and justification for such amendment. if the request is issued by the house of representatives, it must be signed by one-third of its members. in all cases, the house shall discuss whether the motion for constitutional amendment is justifiable in principle or not. the motion shall be sustained if supported by the house absolute majority. if the motion is defeated, another request for constitutional amendments of the same article(s) may not be submitted until one year lapses following that motion defeat. if the motion for constitutional amendment(s) is sustained in principle, the house shall deliberate on the article(s) to be amended after a two-month period from the date of approval. if three quarters of the house support the motion for amendment of any article(s) stipulated in chapter one and two (i.e. articles: 62, 63, 81, 82, 92,93, 98, 101, 105, 108, 110, 111, 112, 116, 119, 121, 128, 139, 146, 158, 159), that motion shall be presented to the people in a general referendum. if the absolute majority of popular votes is in favour of the motion, the amendments shall be up-held as of the date the referendum results are announced. constitutional articles other than the ones cited above may be amended if the call for an amendment is supported by at least three quarters of the house of representatives. such amendments shall be deemed valid as of the date of approval by house of representatives. article 159 a supreme, independent and neutral committee shall administer, supervise and monitor the general elections and general referenda. the law shall specify the number of the members of the committee, the conditions they should meet under and the method for nominating and appointing them. the law also shall specify the jurisdictions and the functions of the committee in a manner that secures the best fulfillment of its functions. article 160 the text of the constitutional oath to be sworn by the president of the republic, his deputy, members of the house of representatives, the prime ministers and cabinet members and by the speaker and members of the consultative council, shall be as follows: i swear by almighty allah: to adhere to the quran (the book of god) and the traditions established by prophet mohammed, to faithfully safeguard the republican system; to respect the country 's constitution and laws; to fully protect people's freedom and safeguard their interests and; to safeguard the country's unity, independence and territorial integrity. article 161 the seven-year term referred to in article (112) shall take effect from the beginning of the current term of the president of the republic. article 162 the term of office the current house of representatives shall be extended by 2 years effective from the date the new constitutional amendments were endorsed in accordance with the provisions of article 65 of this constitution. constitutional declaration to organize the foundations of governance during the transitional period in yemen in the name of god, the merciful, the compassionate: to the great yemeni people: based on your aspirations and in execution of your free will that has been manifestly embodied in continuous support for the revolution and marches in various cities and directorates, as well as at the expanded national dialogue conference in the capital of sanaa from 9 to 11 rabiâ�� al-thani 1436 corresponding to 31 january â�� 1 february 2015 and the statement issued by the conference that contained a deadline for the political forces to reach an agreement to bring the country out of the present situation and which mandated the revolutionary committee to take immediate measures to arrange the status of state authorities. this was met with the support of the popular masses gathering in most governorates of the country, who supported the outcome of the expanded national dialogue conference. during the period granted to the political forces, the political elements who believe in the 11 february and 21 september revolutions exerted tireless efforts to contain the situation and convince the other political elements of the principle of peace and partnership to save the country from the vacuum left behind by the sudden and unjustified resignation of the president and the government. however, the response to these efforts was obstruction, refusal and abdication of national responsibility. political elements continued to act opportunistically and neglect the higher national interest, exceeding the deadline set in the statement issued by the expanded national dialogue conference, in an explicit challenge to the revolution and the will of the great yemeni people. they thus placed before the people the prospect of falling into political, economic, security and social dangers as a result of the vacuum they insisted on perpetuating in order to undermine this people, their revolution and its gains. the leadership of the revolution responded by undertaking its national responsibilities based on the mandate they received from the people and the national revolutionary forces and in execution of the will of the yemeni people, who have suffered from rulers who were tyrannical, who disdained their higher interest, dignity, rights and freedoms, and who neglected the peopleâ��s unity, sovereignty, security and stability. the leadership of the revolution decided to rise to this massive responsibility â�� the responsibility to rescue the nation from the current situation and advance to horizons of freedom and dignity, thus gaining a firm foothold among the liberated peoples of the world. the revolution is determined to achieve a dignified life for the popular masses, end corruption through an effective national strategy, reform public service, eliminate flaws in community justice, relieve oppression, reform the security and military institutions on national bases as well as restore trust and respect for these institutions, improve the livelihood of their members, achieve security in society, face down criminal takfiri forces and their allies and supporters, build a strong, cohesive yemeni society that does not exclude any person or party, and end conflicts, divisions and ruptures. the nation is large enough to include all its citizens, and it expects all of them without exception to help rebuild it and work to achieve glory, progress, and prosperity, and to protect its security, sovereignty and independence. to the great yemeni people: we have pledged, with god as our witness, to do our utmost to assist our country and raise its banner. thus you must practice self-denial and dedicate your lives, property and efforts to give strength, joy, prosperity, and glory to your country, united against all difficulties and conspiracies, joined in solidarity and cooperation with the nation, since the nation is one, and has one aim and one people. this is in order for the transitional period to be the start of a new era that will steer the country to safe harbor. thus, the leadership of the revolution is issuing this constitutional declaration in the name of the people to organize the transitional period: article 1 the provisions of the constitution in force shall continue to apply, provided that they do not conflict with the provisions of the present declaration. article 2 the declaration shall regulate the foundations of governance during the transitional period. article 3 general rights and freedoms are guaranteed and the state shall undertake to protect them. article 4 the foreign policy of the state shall be based on adherence to the good neighbor principle, non-interference in the internal affairs of other countries, adoption of sound and peaceful means to resolve disputes and cooperate to achieve shared interests in a manner that upholds the sovereignty, independence, security and higher interests of the nation. article 5 the supreme revolutionary committee is the expression of the revolution and revolutionary committees derived therefrom shall be formed in the governorates and directorates throughout the republic. the national transitional council article 6 a national transitional council with 551 members shall be formed by a decree from the revolutionary committee. it shall replace the dissolved house of representatives and it shall include the components that were not represented in the latter body. members of the dissolved house of representatives shall have the right to join it. article 7 the bylaws of the national transitional council shall specify its system of work and the rights and duties of members. article 8 the presidency of the republic in the transitional period shall be exercised by a presidency council composed of 5 members elected by the national transitional council and their election shall be ratified by the revolutionary committee. article 9 the bylaws of the national transitional council shall specify its system of work and the rights and duties of its members. [sic] the transitional government article 10 the presidency council shall task anyone it deems suitable, whether from among the members of the national transitional council or outside it, to form a transitional government from the talent pool of the nation. general and final provisions article 11 the revolutionary committee shall be competent to take all the necessary measures and arrangements to protect the sovereignty of the nation, guarantee its security and stability, and protect the rights and freedoms of citizens. article 12 the powers of the national transitional council and the presidency council shall be determined by a decree supplementing the constitutional declaration issued by the revolutionary committee. article 13 within a maximum period of two years, the stateâ��s transitional authorities shall work to reach the milestones of the transitional period in accordance with the outcome of the comprehensive national dialogue conference and the peace and national partnership agreement. this includes reviewing the new draft constitution, enacting the laws required by the constituent assembly phase, holding a referendum on the constitution in preparation for the countryâ��s transition to a permanent status, and conducting parliamentary and presidential elections in accordance with the provisions of said constitution.. article 14 ordinary legislation shall remain in force unless it explicitly or implicitly contradicts texts of the present declaration. article 15 this declaration shall enter into force from its date of issuance. preamble we, the people of seychelles, grateful to almighty god that we inhabit one of the most beautiful countries in the world; ever mindful of the uniqueness and fragility of seychelles; conscious of our colonial history before becoming an independent republic; aware and proud that as descendants of different races we have learnt to live together as one nation under god and can serve as an example for a harmonious multi-racial society; having attained national stability and political maturity despite the pressures of a sadly divided world; desirous to build a just, fraternal and humane society in a spirit of friendship and co-operation with all peoples of the world; recognising the inherent dignity and the equal and inalienable rights of members of the human family as the foundation for freedom, justice, welfare, fraternity, peace and unity; reaffirming that these rights include the rights of the individual to life, liberty and the pursuit of happiness free from all types of discrimination; considering that these rights are most effectively maintained and protected in a democratic society where all powers of government spring from the will of the people; exercising our natural and inalienable right to a framework of government which shall secure for ourselves and posterity the blessings of truth, liberty, fraternity, equality of opportunity, justice, peace, stability and prosperity; invoking the blessings of almighty god; solemnly declaring our unswaying commitment, during this our third republic, to maintain seychelles as an independent state both politically and economically; safeguard its sovereignty and territorial integrity; uphold the rule of law based on the recognition of the fundamental human rights and freedoms enshrined in this constitution and on respect for the equality and dignity of human beings; develop a democratic system which will ensure the creation of an adequate and progressive social order guaranteeing food, clothing, shelter, education, health and a steadily rising standard of living for all seychellois; participate actively in the sustainable economic and social development of our society; exercise our individual rights and freedoms with due regard to the rights and freedoms of others and the common interest; help preserve a safe, healthy and functioning environment for ourselves and for posterity; hereby adopt and confer upon ourselves this constitution as the fundamental and supreme law of our sovereign and democratic republic. chapter i. the republic seychelles is a sovereign democratic republic. 2 the territory of seychelles shall consist ofthe islands of the seychelles archipelago, as set out in part 1 of schedule 1; the territorial waters and historic waters of seychelles and the seabed and subsoil under lying those waters; the airspace above those islands and those waters; and such additional areas as may be declared by law to be part of the territory of seychelles. notwithstanding clause (1), a law may proclaim complete or partial or partial jurisdiction of the republic over any other area of land, water or airspace. an act shall declare the limit of the territorial waters and historic waters of seychelles and may prescribe the limit of the airspace referred to in clause (1)(c). there shall be a public seal, a national flag, a national anthem, a national emblem and a national motto, each of which shall be as prescribed by an act. 4 the national languages of seychelles shall be creole, english and french notwithstanding clause (1), a person may use any of the national languages for any purpose but a law may provide for the use of any one or more of the national languages for any specific purpose. this constitution is the supreme law of seychelles and any law found to be inconsistent with this constitution is, to the extent of the inconsistency, void. schedule 2 shall apply for and with respect to the interpretation of the constitution. chapter ii. citizenship a person who, immediately before the coming into force of this constitution, was a citizen of seychelles by birth, descent, naturalization or registration shall, on and after that date, continue by virtue of this article to be a citizen of seychelles by birth, descent, naturalization or registration, as the case may be. subject to article 9, a person born in seychelles on or after the coming into force of this constitution, shall become a citizen of seychelles at the date of birth. 9 a person shall not become a citizen of seychelles by virtue of article 8 if, at the date of birth, neither of the person's parents is a citizen of seychelles. a person shall not become a citizen of seychelles by virtue of article 8 if, at the date of birth, -either of the person's parents possesses such immunity from suit and legal process as is accorded to an envoy of a foreign sovereign power accredited to seychelles; or either of the person's parents is a citizen of a country with which seychelles is at war and the birth occurs in a place then under occupation by that country, and neither of the person's parents is a citizen of seychelles. 10 this article shall apply to a person -who would not, but for this article, be or become a citizen of seychelles; who was born outside seychelles before independence day; and any one of whose grand parents or parents was born in seychelles. subject to any act, a person to whom this article applies shall be eligible to become a citizen of seychelles by naturalization or registration. a person born outside seychelles on or after the independence day but before the 5th june, 1979 whose mother was a seychellois at the time of the person's birth is eligible to become a citizen of seychelles by naturalization or registration. a person born outside seychelles on or after the coming into force of this constitution shall become a citizen of seychelles at the date of birth if at that date the person's father or mother is a citizen of seychelles. 12 a person who, on or after the coming into force of this constitution, marries another person who is or becomes a citizen of seychelles shall, subject to any act, be eligible to become a citizen of seychelles by naturalization. clause (1) shall apply to a person who is not a citizen of seychelles or eligible to become a citizen of seychelles under article 10 and who, on or after independence day, and before the coming into force of this constitution, married another person who was or became, or who becomes, a citizen of seychelles, as it applies to a person such as is referred to in clause (1). 13 provision may be made by or under an act -for the acquisition of citizenship of seychelles by any person who is not eligible or who is no longer eligible to become a citizen of seychelles under this chapter; for depriving any person of citizenship of seychelles, if it was unlawfully acquired; for the renunciation of citizenship of seychelles by any person; and for the maintenance of a register of citizens of seychelles who are also citizens of other countries. a person who is a citizen of seychelles may concurrently possess the citizenship of another country and a law made for the purposes of clause (1) (a) shall not require, as a condition for the acquisition of citizenship of seychelles, that a person renounces any other citizenship that the person may possess at the time. 14 for the purposes of this chaptera person born on a registered ship or aircraft shall be deemed to have been born at the place where the ship or aircraft was registered; and a person born on an unregistered ship or aircraft belonging to the government of a country shall be deemed to have been born in that country. any reference in this chapter to the national status of the father or mother of a person at the time of the birth of that person shall, in relation to a person born after the death of the father or mother, be construed as a reference to the national status of the father or mother at the time of the father's or mother's death; and accordingly, where that death occurred before the coming into force of this constitution, the national status that the father or mother would have had if he or she had died on the coming into force of this constitution shall be deemed to be his or her national status at the time of his or her death. chapter iii part i. seychellois charter of fundamental human rights and freedoms 15 everyone has a right to life and no one shall be deprived of life intentionally. a law shall not provide for a sentence of death to be imposed by any court. clause (1) is not infringed if there is a loss of lifeby any act or omission which is made not punishable by any law reasonably justifiable in a democratic society; or as a result of a lawful act of war. every person has a right to be treated with dignity worthy of a human being and not to be subjected to torture, cruel, inhuman or degrading treatment or punishment. 17 every person has a right not to be held in slavery or bondage. every person has a right not to be compelled to perform forced or compulsory labour. labour forced or compelled to be performed pursuant to a law necessary in a democratic society does not infringe clause (2). 18 every person has a right to liberty and security of the person. the restriction, in accordance with fair procedures established by law, of the right under clause (1) in the following cases shall not be treated as an infringement of clause (1)the arrest or detention in execution of a sentence or other lawful order of a court; the arrest or detention on reasonable suspicion of having committed or of being about to commit an offence for the purposes of investigation or preventing the commission of the offence and of producing, if necessary, the offender before a competent court; the arrest or detention to prevent the spread of infectious or contagious diseases which constitute a serious threat to public health; the arrest or detention for the treatment and rehabilitation of a person who is, or reasonably suspected to be, of unsound mind or addicted to drugs to prevent harm to that person or to the community. the arrest or detention for the purpose of preventing the unauthorized entry into seychelles of a person, not being a citizen of seychelles, or for the purpose of deportation or extradition of that person; the detention for the rehabilitation and welfare of a minor with the consent of the parent or guardian or of the attorney-general where such detention is ordered by a competent court. a person who is arrested or detained has a right to be informed at the time of the arrest or detention or as soon as is reasonably practicable thereafter in, as far as is practicable, a language that the person understands of the reason for the arrest or detention, a right to remain silent, a right to be defended by a legal practitioner of the person's choice and, in the case of a minor, a right to communicate with the parent or guardian. a person who is arrested or detained shall be informed at the time of the arrest or detention or as soon as is reasonably practicable thereafter of the rights under clause (3). a person who is arrested or detained, if not released, shall be produced before a court within twenty-four hours of the arrest or detention or, having regard to the distance from the place of arrest or detention to the nearest court or the non-availability of a judge or magistrate, or force majeure, as soon as is reasonably practicable after the arrest or detention. a person charged with an offence has a right to be tried within a reasonable time. a person who is produced before a court shall be released, either unconditionally or upon reasonable conditions, for appearance at a later date for trial or for proceedings preliminary to a trial except where the court, having regard to the following circumstances, determines otherwisewhere the court is magistrates' court, the offence is one of treason or murder; the seriousness of the offence; there are substantial grounds for believing that the suspect will fail to appear for the trial or will interfere with the witnesses or will otherwise obstruct the course of justice or will commit an offence while on release; there is a necessity to keep the suspect in custody for the suspect's protection or where the suspect is a minor, for the minor's own welfare; the suspect is serving a custodial sentence; the suspect has been arrested pursuant to a previous breach of the conditions of release for the same offence. a person who is detained has the right to take proceedings before the supreme court in order that the court may decide on the lawfulness of the detention and order the release of the person if the detention is not lawful. proceedings under clause (8) shall be dealt with as a matter of urgency by the supreme court and shall take priority over other proceedings of the court listed for hearing on that day. a person who has been unlawfully arrested or detained has a right to receive compensation from the person who unlawfully arrested or detained that person or from any other person or authority, including the state on whose behalf or in the course of whose employment the unlawful arrest or detention was made or from both of them. a person who has not been convicted of an offence, if kept or confined in a prison or place of detention, shall not be treated as a convicted person and shall be kept away from any convicted person. an offender or a suspect who is a minor and who is kept in lawful custody or detention shall be kept separately from any adult offender of suspect. a female offender or suspect who is kept in lawful custody or detention shall be kept separately from any male offender or suspect. where a person is convicted of any offence, any period which the person has spent in custody in respect of the offence shall be taken into account by the court in imposing any sentence of imprisonment for the offence. a person shall not be imprisoned merely on the ground of the inability to fulfill a contractual obligation. clause (15) shall not limit the powers of a court under any law in enforcing is orders. 19 every person charged with an offence has the right, unless the charge is withdrawn, to a fair hearing within a reasonable time by an independent and impartial court established by law. every person who is charged with an offenceis innocent until the person is proved or has pleaded guilty; shall be informed at the time the person is charged or as soon as is reasonably practicable, in, as far as is practicable, a language that the person understands and in detail, of the nature of the offence; shall be given adequate time and facilities to prepare a defence to the charge; has a right to be defended before the court in person, or, at the person's own expense by a legal practitioner of the person's own choice or, where a law so provides, by a legal practitioner provided at public expense; has a right to examine, in person or by a legal practitioner, the witnesses called by the prosecution before any court, and to obtain the attendance and carry out the examination of witnesses to testify on the person's behalf before the court on the same conditions as those applying to witnesses called by the prosecution; shall, as far as is practicable, have without payment the assistance of an interpreter if the person cannot understand the language used at the trial of the charge; shall not be compelled to testify at the trial or confess guilt; shall not have any adverse inference drawn from the exercise of the right to silence either during the course of the investigation or at the trial; and shall, except with the person's own consent, not be tried in the person's absence unless the person's conduct renders the continuance of the proceedings in the person's presence impracticable and the court has ordered the person to be removed and the trial to proceed in the person's absence. when a person is tried for any offence that person or any other person authorised by that person in that behalf shall, if either of them so requires and subject to payment of such reasonable fee as may be specified by or under any law, be given as soon as is practicable after judgment a copy for the use of that person of any record of the proceedings made by or on behalf of the court. except for the offence of genocide or an offence against humanity, a person shall not be held to be guilty of an offence on account of any act or omission that did not, at the time it took place, constitute an offence, and a penalty shall not be imposed for any offence that is more severe in degree or description than the maximum penalty that might have been imposed for the offence at the time when it was committed. a person who shows that the person has been tried by a competent court for an offence and either convicted or acquitted shall not be tried again for that offence or for any other offence of which the person could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal. a person shall not be tried for an offence if the person shows that the person has been pardoned for that offence in accordance with an act made pursuant to article 60(2). any court or other authority required or empowered by law to determine the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other authority the case shall be given a fair hearing within a reasonable time. subject to a clause (9), all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any court or other authority, including the announcement of the decision of the court or other authority, shall be held in public. anything in clause (8) shall not prevent the court or other authority from excluding from the proceedings, except for the announcement of the decision of the court or other authority, persons other than the parties thereto, their legal representatives and legal practitioners to such extent as the court or other authoritymay by law be empowered so to do and may consider necessary in the circumstances where publicity would prejudice the interests of justice, or interlocutory proceedings, or in the interests of public morality, the welfare of persons under the age of eighteen years or the protection of the privacy of persons concerned in the proceedings; or may by law be empowered or required to do so in interests of defence, public safety or public order. anything contained in or done under the authority of any law necessary in a democratic society shall not be held to be inconsistent with or in contravention ofclause (1), (2) (e) or (8), to the extent that the law in question makes necessary provision relating to the grounds of privilege or public policy on which evidence shall not be disclosed or witnesses are not competent or cannot be compelled to give evidence in any proceedings; clause (2) (a), to the extent that the law in question imposes upon any person charged with an offence the burden of proving particular facts or declares that the proof of certain facts shall be prima facie the offence or of any element thereof; clause (2) (e), to the extent that the law in question imposes conditions that must be satisfied if witnesses called to testify on behalf on an accused person are to be paid their expenses out of public funds; clause (5), to the extent that the law in question authorizes a court to try a member of a disciplinary force for an offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting the member shall in sentencing the person to any punishment take into account any punishment awarded the member under that disciplinary law. every person convicted of an offence shall be entitled to appeal in accordance with law against the conviction, sentence and any order made on the conviction. for the purposes of clause 2(i), a person who has, in accordance with law, been served with a summons or other process requiring the person to appear at the time and place appointed for the trial and who does not so appear shall be deemed to have consented to the trial taking place in the person's absence. every person convicted of an offence and who has suffered punishment as a result of the conviction shall, if it is subsequently shown that there has been a serious miscarriage of justice, be entitled to be compensated by the state according to law. 20 every person has a right not to be subjectedwithout the consent of that person, to the search of the person or property or premises of that person or to the lawful entry by others on the premises of that person; without the consent of the person or an order of the supreme court, to the interception of the correspondence or other means of communication of that person either written, oral or through any medium. anything contained in or done under the authority of any law shall not be held to be inconsistent with or in contravention of clause (1) (a) to the extent that the law in question makes provisionthat is reasonably required in the interest of defence, public safety, public order, public morality, public health, the administration of government, town and country planning, nature conservation and the economic development and well-being of the country; that is reasonably required for the purpose of protecting the rights or freedoms of other persons; that authorises an officer or agent of the government or a local authority, or a body corporate established by law for public purposes, to enter on the premises of any person in order to inspect or value those premises or anything therein for the purpose of any tax, rate, due or duty or in order to carry out work connected with any property that is lawfully on those premises and that belongs to the government or that authority or body corporate, as the case may be; or that authorises, for the purpose of enforcing of the judgment or order of a court in any civil proceedings, the search of any person or property by order of a court or the entry upon any premises by such order; except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be necessary in a democratic society. 21 every person has a right to freedom of conscience and for the purpose of this article this right includes freedom of thought and religion, freedom to change religion or belief and freedom either alone or in community with others and both in public and in private, to manifest and propagate the religion or belief in worship, teaching, practice and observance. the freedom to manifest and propagate a religion or belief may be subject to such limitations as may be prescribed by a law and necessary in a democratic societyin the interests of defence, public safety, public order, public morality or public health; or for the purpose of protecting the rights or freedoms of other persons. a person attending any place of education shall not be compelled to impart or receive religious instruction or to take part in or attend any religious ceremony or observance. subject to this constitution or any other law, a person shall not be compelled to take any oath that is contrary to the religion or belief of that person or to take any oath in a manner that is contrary to that religion or belief. a person shall not be required to profess any religion as a qualification for public office. a law shall not make provision for the establishment of any religion or the imposition of any religious observance. anything in this article shall not preclude any religious community or denomination from providing religious instruction for persons of that community or denomination in the course of any education provided by that community or denomination. 22 every person has a right to freedom of expression and for the purpose of this article this right includes the freedom to hold opinions and to seek, receive and impart ideas and information without interference. the right under clause (1) may be subject to such restrictions as may be prescribed by a law and necessary in a democratic societyin the interest of defence, public safety, public order, public morality or public health; for protecting the reputation, rights and freedoms or private lives of persons; for preventing the disclosure of information received in confidence; for maintaining the authority and independence of the courts or the national assembly; for regulating the technical administration, technical operation, or general efficiency of telephones, telegraphy, posts, wireless broadcasting, television, or other means of communication or regulating public exhibitions or public entertainment; or for the imposition of restrictions upon public officers. 23 every person has a right to freedom of peaceful assembly and association and for the purpose of this article this right includes the right to assemble freely and associate with other persons and in particular to form or to belong to political parties, trade unions or other associations for the protection of the interests of that person and not to be compelled to belong to any association. the right under clause (1) may be subject to such restrictions as may be prescribed by a law and necessary in a democratic societyin the interests of defence, public safety, public order, public morality or public health; in respect of the registration of associations or political parties; for the protection of the right and freedoms of other persons, for imposition of restrictionson persons who are not citizens of seychelles; or on public officers or members of the disciplinary forces. 24 subject to this constitution, every citizen of seychelles who has attained the age of eighteen years has a rightto take part in the conduct of public affairs either directly or through freely chosen representatives; to be registered as a voter for the purpose of and to vote by secret ballot at public elections which shall be by universal and equal suffrage; to be elected to public; office; and to participate on general terms and equality, in public service. the exercise of the rights under clause (1) may beregulated by a law necessary in a democratic society. 25 every person lawfully present in seychelles has a right of freedom of movement and for the purpose of this article this right includes the right to move freely within seychelles, the right to reside in any part of seychelles, the right to leave seychelles and the right not to be expelled from seychelles. every person who is a citizen of seychelles has a right to enter seychelles and, subject to clause (3) (d), not to be expelled from seychelles. the right under clause (1) may be subject to such restrictions as are prescribed by a law necessary in a democratic societyin the interests of defence, public safety, public order, public morality or public health; for protecting the rights and freedoms of other persons; for the prevention of a crime or compliance with an order of a court; for extradition of persons from seychelles; or for lawful removal of persons who are not citizens of seychelles from seychelles. a law providing for the extradition of persons from seychelles shall not authorise the extradition to a country in respect of an offence punishable with death in that country unless that country undertakes not to carry into effect a sentence of death in respect of the offence. a law providing for the lawful removal from seychelles of persons lawfully present in seychelles shall provide for the submission, prior to removal, of the reasons for the removal and for review by a competent authority of the order of removal. 26 every person has a right to property and for the purpose of this article this right includes the right to acquire, own peacefully enjoy and dispose of property either individually or in association with others. the exercise of the right under clause (1) may be subject to such limitations as may be prescribed by law and necessary in a democratic societyin the public interest; for the enforcement of an order or judgment of a court in civil or criminal proceedings; in satisfaction of any penalty, tax, rate, duty or due; in the case of property reasonably suspected of being acquired by the proceeds of drug trafficking or serious crime; in respect of animals found trespassing or straying; in consequence of a law with respect to limitation of actions or acquisitive prescription; with respect to property of citizens of a country at war with seychelles; with regard to the administration of the property of persons adjudged bankrupt or of persons who have died or of persons under legal incapacity; or for vesting in the republic of the ownership of underground water or unextracted oil or minerals of any kind or description. a law shall not provide for the compulsory acquisition or taking of possession of any property by the state unlessreasonable notice of the intention to compulsory acquire or take possession of the property and of the purpose of the intended acquisition or taking of possession are given to persons having an interest or right over the property; the compulsory acquisition or taking of possession is necessary in the public interest for the development or utilization of the property to promote public welfare or benefit or for public defence, safety, order, morality or health or for town and country planning; there is reasonable justification for causing any hardship that may result to any person who has an interest in or over the property; the state pays prompt and full compensation for the property; any person who has an interest or right over the property has a right of access to the supreme court whether direct or on appeal from any other authority for the determination of the interest of the interest or right, the legality of the acquisition or taking of possession of the property, the amount of compensation payable to the person and for the purpose of obtaining prompt payment of compensation. where the property acquired by the state under this article is not used, within a reasonable time, for the purpose for which it was acquired, the state shall give, to the person who owned it immediately before the acquisition of the property, an option to buy the property. a law imposing any restriction on the acquisition or disposal of property by a person who is not a citizen of seychelles shall not be held to be inconsistent with clause (1). 27 every person has a right to equal protection of the law including the enjoyment of the rights and freedoms set out in this charter without discrimination on any ground except as is necessary in a democratic society. clause (1) shall not preclude any law, programme or activity which has as its object the amelioration of the conditions of disadvantaged persons or groups. 28 the state recognises the right of access of every person to information relating to that person and held by a public authority which is performing a governmental function and the right to have the information rectified or otherwise amended, if inaccurate. the right of access to information contained in clause (1) shall be subject to such limitations and procedures as may be prescribed by law and are necessary in democratic society includingfor the protection of national security; for the prevention and detection of crime and the enforcement of law; for the compliance with an order of a court or in accordance with a legal privilege; for the protection of the privacy or rights or freedoms of others; the state undertakes to take appropriate measures to ensure that information collected in respect of any person for a particular purpose is used only for that purpose except where a law necessary in a democratic society or an order of a court authorises otherwise. the state recognises the right of access by the public to information held by a public authority performing a governmental function subject to limitations contained in clause (2) and any law necessary in a democratic society. 29 the state recognises the right of every citizen to protection of health and to the enjoyment of attainable standard of physical and mental health and with a view to ensuring the effective exercise of this right the state undertakesto take steps to provide for free primary health care in state institutions for all its citizens. to take appropriate measures to prevent, treat and control epidemic and other diseases; to take steps to reduce infant mortality and promote the healthy development of the of the child; to promote individual responsibility in health matters; to allow, subject to such supervision and conditions as are necessary in a democratic society, for the establishment of private medical services. the state recognises the unique status and natural maternal functions of women in society and undertakes as a result to take appropriate measures to ensure that a working mother is afforded special protection with regard to paid leave and her conditions at work during such reasonable period as provided by law before and after childbirth. the state recognises the right of children and young persons to special protection in view of their immaturity and vulnerability and to ensure effective exercise of this right the state undertakesto provide that the minimum age of admission to employment shall be fifteen years, subject to exceptions for children who are employed part-time in light work prescribed by law without harm to their health, morals or education; to provide for a higher minimum age of admission to employment with respect to occupations prescribed by law which the state regards as dangerous, unhealthy or likely to impair the normal development of a child or young person; to ensure special protection against social and economic exploitation and physical and moral dangers to which children and young persons are exposed; to ensure, save in exceptional and judicially recognized circumstances, that a child of young age is not separated from his parents. 32 the state recognises that the family is the natural and fundamental element of society and the right of everyone to form a family and undertakes to promote the legal, economic and social protection of the family. the right contained in clause (1) may be subject to such restrictions as may be prescribed by law and necessary in a democratic society including the prevention of marriage between persons of the same sex or persons within certain family degrees. the state recognises the right of every citizen to education and with a view to ensuring the effective realization of this right undertakesto provide compulsory education, which shall be free in state schools, for such minimum period, which shall not be less than ten years, as may be prescribed by law; to ensure that the educational programmes in all schools are aimed at the complete development of the person; to afford, on the basis of intellectual capability, every citizen equal access to educational opportunities and facilities beyond the period of compulsory education; to allow, subject to such reasonable restrictions, supervision and conditions as are necessary in a democratic society, any person, organization or institution to establish and maintain a private school; to respect the right of parents to choose whether to send their children to a state or private school. the state recognises the right of every citizen to adequate and decent shelter conducive to health and well-being and undertakes either directly or through or with the co-operation of public or private organizations to facilitate the effective realization of this right. the state recognises the right of every citizen to work and to just and favourable conditions of work and with a view to ensuring the effective exercise of these rights the state undertakesto take necessary measures to achieve and maintain a high and stable level of employment, as is practicable, with a view to attaining full employment; subject to such restrictions as are necessary in a democratic society, to protect effectively the right of a citizen to earn a dignified living in a freely chosen occupation, profession or trade; to promote vocational guidance and training; to make and enforce statutory provisions for safe, healthy and fair conditions of work, including reasonable rest, leisure, paid holidays, remuneration which guarantees, as a minimum, dignified and decent living conditions for the workers and their families, fair and equal wages for work of equal value without distinction and stability of employment. to promote machinery for voluntary negotiations between employers and workers or their organizations with a view to the regulation of conditions of employment by means of collective agreements; to promote the establishment and use of appropriate machinery for conciliation and voluntary arbitrations for the settlement of labour disputes; subject to such restrictions as are necessary in a democratic society, and necessary for safeguarding public order, for the protection of health or morals and the rights and freedoms of others, to ensure the right of workers to organise trade unions and to guarantee the right to strike. the stated recognises the right of the aged and the disabled to special protection and with a view to ensuring the effective exercise of this right undertakesto make reasonable provision for improving the quality of life and for the welfare and maintenance of the aged and disabled; to promote programmes specifically aimed at achieving the greatest possible development of the disabled. the state recognises the right of every citizen to a decent and dignified existence and with a view to ensuring that its citizens are not left unprovided for by reason of incapacity to work or involuntary unemployment undertakes to maintain a system of social security. the state recognises the right of every person to live in and enjoy a clean, healthy and ecologically balanced environment and with a view to ensuring the effective realization of this right the state undertakesto take measures to promote the protection, preservation and improvement of the environment to ensure a sustainable socio-economic development of seychelles by a judicious use and management of the resources of seychelles; to promote public awareness of the need to protect, preserve and improve the environment. 39 the state recognises the right of every person to take part in cultural life and to profess, promote, enjoy and protect the cultural and customary values of the seychellois people subject to such restrictions as may be provided by law and necessary in a democratic society includingthe protection of public order, public morals and public health; the prevention of crime; the protection of the rights and freedoms of other persons. the state undertakes to take reasonable steps to ensure the preservation of the cultural heritage and values of the seychellois people. part ii. fundamental duties it shall be the duty of every citizen of seychellesto uphold and defend this constitution and the law; to further the national interest and to foster national unity; to work conscientiously in a chosen profession, occupation or trade; to contribute towards the well-being of the community; to protect, preserve and improve the environment; and generally, to strive towards the fulfillment of the aspirations contained in the preamble of this constitution. part iii. state of emergency and savings 41 the president may, where the president has reason to believe thata grave threat to national security or public order has arisen or is imminent; or a grave civil emergency has arisen or is imminent, in seychelles or in any part of seychelles, by a proclamation published in the gazette, declare that a state of emergency exists in seychelles or that part of seychelles. a declaration made under clause (1) shall cease to have effect on the expiration of a period of seven days beginning with the date of the publication of the declaration unless, before the expiration of the period, it is approved by a resolution passed by not less than two-thirds of the number of members of the national assembly. the president shall, within seventy-two hours after the publication of the proclamation under clause (1), send to the speaker of the national assembly the facts and circumstances leading to the declaration of the state of emergency and the speaker shall, within seven days after the publication, cause the declaration and the facts and circumstances leading to the declaration to be considered by the assembly. subject to clause (5), a declaration of emergency approved by the national assembly under clause (2) shall continue in force until the expiration of a period of three months beginning with the date of its approval or until such earlier date as may be specified in the resolution. the national assembly may, by a resolution passed by the votes of a majority of members of the national assembly, at any time, revoke a declaration approved by the national assembly under this article. whenever an election to the office of president results in a change in the holder of that office a declaration under this article which is in force immediately before the day on which the president assumes office shall cease to have effect on the expiration of seven days beginning with that day. notwithstanding clause (1), where the national assembly resolves under clause (2) that the declaration of a state of emergency should not continue or revokes a declaration of state of emergency under clause (5), the president shall not, within thirty days of the resolution or revocation, declare a state of emergency based wholly or mainly on the same facts unless the national assembly has, by a resolution passed by the votes of a majority of its members, authorised the making of the declaration. where due to circumstances prevailing at the time of a declaration of a state of emergency under clause (1) it is impracticable to publish in the gazette the proclamation may be published in such manner as the president may determine so as to give it as much publicity as is possible and such publication shall be deemed to be a sufficient compliance with clause (1) for the purposes of this article. clauses (2) to (6) and (8) shall apply in respect of a declaration of emergency made under clause (7). 42 where the national assembly is in session but not sitting when a declaration is made under article 41 (1) or (7), the speaker shall immediately summon the assembly to meet on a date that is not more than seven days after the publication of the declaration. where the national assembly stands dissolved when a declaration is made under article 41 (1) or (7), the president shall, in the proclamation making the declaration, summon the members of the dissolved assembly to meet on a date that is not more than seven days after the making of the declaration and the members may, until a new national assembly first meets, meet and continue to meet for the purpose of discharging the functions of the national assembly for the purposes of article 41. for the purposes of clause (2), the speaker or deputy speaker immediately before the dissolution of the national assembly shall preside over the sittings of the national assembly. 43 this article shall apply during any period of public emergency. notwithstanding this chapter but subject to clause (3), a law may provide for the taking during a period of public emergency of such measures as are strictly required to meet the exigencies of the situation. a law referred to in clause (2) shall not provide for the taking of measures that are inconsistent with which articles 15, 16, 17, 18 (3) 19 (2) to (6) and (11), 21 and 27. where a law referred to in clause (2) provides for the detention of persons provision shall be made in the lawthat, as soon as is reasonably practicable and in any case not more than seven days after the commencement of the detention, the person detained shall be furnished with a statement in writing, in, as far as is practicable, a language that the person understands, specifying in detail the grounds upon which the person is detained; that not more than seven days after the commencement of the detention, a notice shall be published in the gazette and a local daily newspaper of wide circulation in seychelles stating the name of the person detained and the particulars of the law under which the detention was made; that not more than a month after the detention and thereafter at intervals of not more than three months the detention of the person shall be reviewed by an independent and impartial tribunal appointed by the president from candidates proposed by the constitutional appointments authority for this purpose; that the person detained shall be entitled to choose and be afforded reasonable facilities to consult a legal practitioner, to appear, in person or through the legal practitioner, before the tribunal, and that were the law so provides the services of the legal practitioner shall be at public expense; that the person detained shall be released forthwith if the tribunal reviewing the detention is satisfied that it is not reasonably necessary or expedient for the purpose of the emergency to continue with the detention; where the tribunal reviewing the detention of a person does not order the release of the person the tribunal may make recommendation to the authority detaining the person concerning the necessity or expediency of continuing with the detention and a copy of the recommendation shall be served on the person detained. a tribunal appointed under clause (4) (c) shall have a judge as chairman. 44 a law made in relation to a disciplinary force of seychelles may, in so far as it is necessary in a democratic society, provide for the derogation against the provisions of the charter, other than articles 15, 16, and 17. a law of a country other than seychelles whose disciplinary force is lawfully in seychelles in pursuance of arrangements made between the government of seychelles and another government or an international organization shall, in so far as the law applies to the disciplinary force, not be held to be inconsistent or in contravention of the provisions of the charter. a law which authorises the taking of any measure against a member of a disciplinary force of a country with which seychelles is at war shall not be held to be inconsistent with the charter. a law referred to in clause (3) shall not provide for the doing of anything which constitutes the crime of genocide or a crime against humanity. part iv. remedies this chapter shall not be interpreted so as to confer on any person or group the right to engage in any activity aimed at the suppression of a right or freedom contained in the charter. 46 a person who claims that a provision of this charter has been or is likely to be contravened in relation to the person by any law, act or omission may, subject to this article, apply to the constitutional court for redress. an application under clause (1) may, where the constitutional court is satisfied that the person whose right or freedom has been or is likely to be contravened is unable to do so, be made by another person acting on behalf of that person, with or without that person's authority. the constitutional court may decline to entertain an application under clause (1) where the court is satisfied that the applicant has obtained redress for the contravention under any law and where the applicant has obtained redress in the constitutional court for any matter for which an application may be made under clause (1), a court shall not entertain any application for redress for such matter except on appeal from a decision of such court. where the constitutional court on an application under clause (1) is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned in any other court under any other law, the court may hear the application or transfer the application to the appropriate court for grant of redress in accordance with law. upon hearing of an application under clause (1) the constitutional court maydeclare any act or omission which is the subject of the application to be a contravention of the charter; declare any law or the provision of any law which contravenes the charter void; make such declaration or order, issue such writ and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of the charter and disposing of all the issues relating to the application; award any damages for the purpose of compensating the person concerned for any damages suffered; make such additional order under this constitution or as may be prescribed by law. where the constitutional court makes a declaration under clause (5)(b) the court shall, subject to any decision in appeal therefrom, send a copy of the declaration to the president and the speaker. where in the course of any proceedings in any court, other than the constitutional court or the court of appeal, a question arises with regard to whether there has been or is likely to be a contravention of the charter, the court shall, if it is satisfied that the question is not frivolous or vexatious or has already been the subject of a decision of the constitutional court or the court of appeal, immediately adjourn the proceedings and refer the question for determination by the constitutional court. where in an application under clause (1) or where a matter is referred to the constitutional court under clause (7), the person alleging the contravention or risk of contravention establishes a prima facie case, the burden of proving that there has not been a contravention or risk of contravention shall, where the allegation is against the state, be on the state. the court in which the question referred to in clause (7) arose shall dispose of the case in accordance with the decision of the constitutional court, or if that decision is the subject of an appeal to the court of appeal, in accordance with the decision of the court of appeal. the chief justice may make rules for the purpose of this article with respect to the practice and procedure of the constitutional court in relation to the jurisdiction and power conferred upon it by or under this article, including rules with respect to the time within which an application or a reference may be made or brought. part v. principles of interpretation where a right or freedom contained in this charter is subject to any limitation, restriction or qualification, that limitation, restriction or qualificationshall have no wider effect than is strictly necessary in the circumstances; and shall not be applied for any purpose other than that for which it has been prescribed. this chapter shall be interpreted in such a way so as not to be inconsistent with any international obligations of seychelles relating to human rights and freedoms and a court shall, when interpreting the provision of this chapter, take judicial notice ofthe international instruments containing these obligations; the reports and expression of views of bodies administering or enforcing these instruments; the reports, decisions or opinions of international and regional institutions administering or enforcing conventions on human rights and freedoms; the constitutions of other democratic states or nations and decisions of the courts of the states or nations in respect of their constitutions. in this chapter, unless the context otherwise requires"charter" or "seychellois charter of fundamental human rights and freedoms" means part 1 of this chapter; "contravene", in relation to a requirement or condition in this chapter, includes a failure to comply with the requirement or condition; "court" means any court of law or tribunal having jurisdiction in seychelles excepting, save as in articles 19 and 46, a court established by or under a disciplinary law; "democratic society" means a pluralistic society in which there is tolerance, proper regard for the fundamental human rights and freedoms and the rule of law and where there is a balance of power among the executive, legislature and judiciary; "disciplinary force" meansa naval, military or air force; the police force of seychelles; the prison service of seychelles; any other similar force established by law. "disciplinary law" means a law regulating the discipline of a disciplinary force; "governmental authority" includes a department, division, agency or instrumentality of the government and any statutory body or body set up by administrative action for governmental or official purposes; "legal practitioner" mean a person lawfully in or entitled to be in seychelles and entitled to practice law in seychelles; "member", in relation to a disciplinary force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline; "minor" means an individual who has not attained the age of eighteen years; "period of public emergency" means any period during whichseychelles is at war; or a declaration made under article 41 is in force; "person" means an individual or a body corporate; "public officer" includes a person employed by a governmental authority. chapter iv. the president there shall be a president of seychelles who shall be the head of state, head of government and commander-in-chief of the defence forces of seychelles. 51 a person is qualified for election as president ifthe person is a citizen of seychelles; the person is not disqualified from registration as a voter under this constitution. subject to clause (6), schedule 3 shall have effect with regard to the election of the president. the constitutional court shall have jurisdiction to hear and determine whether a person has been validly elected to the office of president. an application under clause (3) may be made by a person entitled to vote at an election of the president, a person who was a candidate at the election or the attorney-general. where a person other than the attorney-general makes an application under this article, the attorney-general may intervene and may appear or be represented in the proceedings. a law may provide for-the circumstances and manner in which and the imposition of conditions upon which an application may be made to the constitutional court for the determination of a question under clause (3); the powers, practice and procedure of the constitutional court in relation to the application; and any matter, not otherwise provided for in schedule 3, which is necessary or required to ensure a true, fair and effective election of the president. 52 subject to this article, a person elected as president shall hold office for a term of five years -beginning with the date next following the date of the declaration of the election of president; or where another person holds office as president on the date next following the date of the declaration of the election of president, beginning on the date next following the date on which the office next becomes vacant. a person shall hold office as president under this constitution for not more than two terms. the office of president becomes vacanton the expiration of the period specified in clause (1); where an election for the office of president is held before the expiration of five years referred to in clause (1), on the date next following the date of declaration of the election of president; or where the incumbent dies or resigns or is removed from office under this constitution. where, but for this clause, the office of president would become vacant on a particular date by reason of the operation of clause (3)(a), but on that date an election held under article 51 has not resulted in the election of the president, the incumbent president shall continue to hold office until the end of the day on which the president is elected under article 51. the president may, by writing addressed to the speaker, resign from the office of president. where a period of public emergency subsists at the time when the term of office of president would end, the national assembly may, by resolution approved by a majority of the members of the assembly, extend the term of office of president -where there is a declaration of a state of emergency, for not more than six months at a time but up to a maximum aggregate period of twelve months; where seychelles is at war, for not more than twelve months at a time but up to a maximum aggregate period of forty-eight months, and a period of extension shall not extend beyond the duration of the current session of the national assembly or beyond the period by which the session of the national assembly is extended in the same circumstances under this constitution. 52a the provisions of this article shall have effect notwithstanding anything to the contrary in the other provisions of this chapter. the president may, at any time after the expiration of one year from the commencement of the president's first term of office, by proclamation published in the gazette, declare the president's intention of appealing to the people for a mandate to hold office, by election, for a further term. upon the making of a proclamation under clause (2), the electoral commission shall, subject to the provisions of this article, hold a presidential election. the president may revoke a proclamation made under this article by notice published in the gazette, at any time before the day appointed as nomination day in relation to the election of the president. the president shall not withdraw his nomination as candidate at such election. if at any time after the date of a proclamation made under clause (2) and before the close of the poll at the election held in pursuance of the proclamation, the incumbent president dies, the proclamation shall be deemed to have been revoked with effect from the date of such death, and the election to be held in pursuance of the proclamation shall be deemed to be cancelled. the person declared elected as president at an election held under this article shall, if such person -is the incumbent president, hold office for a further term of five years beginning with the date next following the date on which the term of office of the incumbent president is deemed to have expired under clause (7); is a person other than the incumbent president, hold office for a term of five years beginning with the date next following the date of declaration of the election of president. where an election is held under this article, the term of office of the incumbent president -shall be deemed to have expired on the date next following the date of declaration of election of president in that election; and shall constitute one term for the purpose of article 52(2). 53 this article shall have effect with regard to the removal of the president from office on the ground of mental or physical incapacity. where the cabinet resolves, upon a motion supported by the votes of a majority of all the members of the cabinet that the question of the mental or physical capacity of the president to discharge the functions of the office of president ought to be investigated, the cabinet shall so inform the chief justice. where notice in writing signed by not less than half the number of members of the national assembly of a motion requesting that the question of the mental or physical capacity of the president to discharge the functions of the office of president ought to be investigated is given to the speaker, the speaker shallwhere the national assembly is sitting or has been summoned to meet within five days, cause the motion to be considered by the assembly as soon as is practicable within seven days of the notice; where the national assembly is not then sitting, summon the assembly to meet on a date within fourteen days of the notice and cause the motion to be considered at that meeting. where a motion under clause (3) is proposed for consideration by the national assembly, the assembly shall not debate the motion but the speaker shall forthwith cause a vote to be taken on the motion and, if the motion is supported by the votes of not less than two-thirds of the number of its members, shall declare the motion to be passed and shall deliver a copy of the motion to the president and the chief justice. where the chief justice is informed under clause (2) or receives a copy of a motion under clause (4), the chief justice shall appoint a medical board consisting of not less than three persons selected by the chief justice from among persons who are qualified as medical practitioners under a law, and the medical board shall inquire into the matter and shall make a report to the chief justice stating the opinion of the board as to whether or not the president is, by reason of and infirmity of body or mind, incapable discharging the functions of the office of president. where under clause (5) the medical board reports that the president is capable of discharging the functions of the office of president, the chief justice shall inform accordinglywhere the investigation was carried out at the instance of the cabinet, the cabinet; or where the investigation was carried out at the instance of the national assembly, the speaker, and, as soon as is practicable, thereafter the cabinet shall inform the president accordingly or the speaker shall inform the president and the national assembly accordingly, as the case may be. where under clause (5) the medical board reports that the president is incapable of discharging the functions of the office of president, the chief justice shall certify in writing accordingly andwhere the investigation was carried out at the instance of the cabinet, submit the findings to the cabinet, and the cabinet shall inform the president of the findings and submit the findings to the speaker; or where the investigation was carried out at the instance of the national assembly, submit the findings to the speaker and the speaker shall inform the president of the findings. where the speaker receives a report under clause (7), the speaker shall,where the national assembly is sitting or has been summoned to meet within five days, cause the findings of the medical board to be considered by the assembly as soon as is practicable; or where the national assembly is not sitting, immediately summon the assembly to meet and cause the findings of the medical board to be considered at that meeting. where the national assembly, when it meets pursuant to clause (8), resolves by the votes of not less than two-thirds of the number of its members that the finding of the medical board be adopted, the president shall cease to hold office on the passing of the resolution. 54 where notice in writing signed by not less than half the number of the members of the national assembly of a motion alleging that the president has committed a violation of this constitution or a gross misconduct and specifying the particulars of the allegation and proposing that the constitutional court investigates the allegations is given to the speaker, the speaker shallif the national assembly is then sitting or has been summoned to meet within five days, cause the motion to be considered by the assembly within seven days of the notice; or if the national assembly is not sitting, summon the assembly to meet on a date within fourteen days of the notice and cause the motion to be considered at that meeting. where a motion under clause (1) is proposed for consideration by the national assembly, the assembly shall not debate the motion but the speaker shall forthwith cause a vote to be taken on the motion and, if the motion is supported by the votes of not less than two-thirds of the number of its members, shall declare the motion to be passed. where a motion is declared to be passed under clause (2)the speaker shall deliver a copy of the motion to the president and the chief justice; the chief justice shall place the matter before the constitutional court; the constitutional court shall investigate the matter and report to the speaker whether it finds that the particulars of the allegation specified in the motion constitute a prima facie case for the removal of the president; and the constitutional court in investigating the matter under paragraph (c) may summon and examine any witnesses or otherwise exercise all the powers of the supreme court. the president shall have the right to appear and be represented before the constitutional court during its investigation of the allegation. where the constitutional court reports to the speaker that the court finds that the particulars of an allegation against the president specified in the motion do not constitute a prima facie case for the removal of the president, no further proceedings shall be taken under this article in respect of that allegation. where the constitutional court reports to the speaker that the court finds that the particulars of an allegation against the president specified in the motion constitute a prima facie case for the removal of the president, the speaker shall, within ten days after a report is made to the speaker pursuant to clause(3) (c)where the national assembly is sitting or has been summoned to meet within five days, cause the findings of the court to be considered, as soon as is practicable, by the assembly; or where the national assembly is not sitting, immediately summon the national assembly and cause the findings of the court to be considered by the assembly. where the national assembly when it meets pursuant to clause (6) resolves by the votes of not less than two-thirds of the number of its members that the finding of the constitutional court be adopted, the president shall cease to hold office on the passing of the resolution. 55 where the office of the president becomes vacant by reason of the death or resignation of the president or by reason ofthe president ceasing to hold office under article 53 or article 54 or article 110(3), the vice-president shall discharge the functions of the office of the president until a person is elected under article 51 to the office of the president. a person who would, but for that personâ��s death, have been declared elected as president at the presidential election and the person designated as the vice-president of the first-mentioned person shall be deemed to have been the president and vice-president respectively, holding office immediately before the death of the first-mentioned person and accordingly, such vice-president shall discharge the functions of the office of president until a person is elected under article 51 to the office of the president. where the vice-president discharges the functions of the president under clause (1), clause (2) or article 56, the vice-president shall not have power to -revoke the appointment of a minister, or invoke article 110. where the president is on leave of absence, absent from seychelles or unable for any other reasons, except for a reason specified in article 55, to discharge the functions of the office of president, the vice-president shall discharge those functions until the president returns from leave of absence or from outside seychelles and resumes the functions of the office of president or is able to discharge the functions of the office of president. a person assuming the office of president shall, before entering upon the office, take and subscribe before the chief justice or another judge the oath of allegiance and the presidential oath prescribed in this constitution. 58 the president shall receive such salary, allowances and gratuity as may be prescribed by an act. where the person holding the office of president ceases to hold office otherwise than by being removed under article 54, the person shall receive such pension, gratuity or allowance as may be prescribed by an act. the salary, allowance, pension or gratuity, as the case may be, payable under this article to the president or a person who has ceased to be president shall be a charge on the consolidated fund and shall not be altered to the disadvantage of the president or the person who has ceased to be president. clauses (2) and (3) shall apply to a person who held office as president under any previous constitution of seychelles. where a person who has previously held office as president under this or a previous constitution is elected to the office of president, the person shall not, while holding office as president, be entitled to receive the pension, gratuity or allowance payable under clause (2). 59 whilst any person holds, or discharges under article 55 or article 56 the functions of, the office of president no criminal proceedings shall be instituted or continued against the person in respect of anything done or omitted to be done by the person in either an official or private capacity and no civil proceedings shall be instituted or continued in respect of which relief is claimed against the person in respect anything done or omitted to be done in such private capacity. notwithstanding article 18(6) or article 19(1) or (7) or any other law, proceedings such as are referred to in clause (1) may be brought within three years of a person ceasing to hold or discharge the functions of the office of president unless the period prescribed by law for bringing the proceedings concerned had expired before the person assumed or commenced to discharge those functions. 60 the president may, after obtaining the advice of the advisory committee appointed under article 61grant to any person convicted of any offence a pardon, either free or subject to lawful conditions; grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence; substitute a less severe form of punishment for any punishment imposed on any person for any offence; or remit the whole or part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the republic on account of any offence. except as otherwise permitted by or under an act, the exercise of the power conferred by clause (1) shall not be held out, offered or promised in advance of conviction. nothing in this article shall prevent the establishment by an act of systems of probation, parole or release on license, or any similar system. any reference in this article to a conviction or the imposition of a punishment, penalty, sentence or forfeiture includes a reference to a conviction or the imposition of a punishment, penalty, sentence or forfeiture by a court martial or other military court. this article shall not apply in relation to any conviction by a court established under the law of a country other than seychelles that has jurisdiction in seychelles in pursuance of arrangement made between the government of seychelles and another government or an international organization relating to the presence in seychelles of members of a disciplinary force of that other country or under the control of the international organization or in relation to any punishment imposed in respect of any such conviction or any penalty or forfeiture resulting from any such conviction. there shall be an advisory committee on the power of pardon under article 60 which shall consist of not less than three and not more than five persons as may be appointed for a term of seven years by the president from candidates proposed by the constitutional appointments authority. 62 subject to this constitution and to any other law, the powers of establishing and abolishing offices for the republic shall vest in the president. the president may, by order, declare that an office established by the president under clause (1) shall not be an office in the public service. appointment to an office declared by the president not to be an office in the public service shall be made by the president from candidates proposed by the constitutional appointments authority. appointment to an office, established by the president under clause (1), other than an office referred to in clause (2), shall be made by the president or by a person or body authorised by the president. 63 where under this constitution, an appointment to an office or the designation of a person for any purpose by the president is expressed to be subject to the approval of the national assembly, particulars of the proposed appointment or designation shall be sent to the speaker and the speaker shall cause the national assembly to vote on the proposed appointment or designation. the speaker shall notify the president of the decision of the national assembly and only if the decision is in favour of the appointment or designation may the appointment or designation be made. 64 the president may, with the approval of a majority of members of the national assembly, appoint a person as ambassador, high commissioner or any other principal representative of seychelles to represent abroad. the president may receive envoys accredited to seychelles. the president may receive or cause to be executed treaties, agreements or conventions in the name of the republic. a treaty, agreement or convention in respect of international relations which is to be or is executed by or under the authority of the president shall not bind the republic unless it is ratified byan act; or a resolution passed by the votes of a majority of the members of the national assembly. clause (4) shall not apply where a written law confers upon the president the authority to execute or authorize the execution of any treaty, agreement or convention. the president shallat the beginning of each year; and before a dissolution, pursuant to article 106(2 (a) or (b), of the national assembly, deliver to the assembly a message on the state of the nation. chapter v. the executive 66 the executive authority of the republic shall vest in the president and shall be exercised in accordance with this constitution and the laws of seychelles. the executive authority vested in the president under this article shall extend to the execution and maintenance of this constitution and the laws of seychelles and to all matters with respect to which the national assembly has power to make laws. subject to this constitution, the functions conferred on the president by clause (1) may be exercised by the president directly or through subordinate officers. the president is politically responsible for a ministry or department that the president has not specifically assigned to the vice-president or a minister. nothing in this article shall prevent the national assembly from conferring, by or under an act, functions on a person other than the president or on an authority. 66a there shall be a vice-president of seychelles who shall perform the functions assigned to the vice-president by the constitution, an act or the president. the president may assign the vice-president the political responsibility of one or more ministries. the vice-president shall be a person who is qualified to be elected president under article 51. a candidate at an election for president shall designate a person as the candidate's vice-president and on the election of the candidate as president the person designated as vice-president by the candidate becomes vice-president. a person who is a member of the national assembly or the judiciary shall upon becoming vice-president cease to be a member of the national assembly or judiciary. the term of office of the vice-president shall be the same as that of the president under article 52. a person shall not hold office as vice-president for more than 2 terms. the vice-president shall, before starting to perform the functions of vice-president, take and subscribe the oath of allegiance and the vice-presidential oath set out in schedule 6. the vice-president may resign or be removed from office in the same manner as a minister and articles 73 and 74 shall apply to the vice-president. where the person who is vice-president ceases to hold office as vice-president, otherwise than under clause (11), the president shall designate another person as vice-president for approval by the national assembly. repealed. where there is a vacancy in the office of the president under article 55 (1) the vice-president shall discharge the functions of the office of the president until a person is elected under article 51 to the office of the president. the vice-president shall receive such salary, allowance, gratuity and pension as may be prescribed by an act and the salary, allowance, gratuity or pension shall be a charge on the consolidated fund. 67 there shall be a cabinet consisting of the vice-president and ministers. the president or, in the absence of the president for any reason, the vice-president shall preside at meetings of the cabinet. subject to clause (2), the cabinet shall determine its own procedure in connection with its meetings. the cabinet shall be responsible for advising the president with respect to the policy of the government and with respect to such other matters as may be referred to it by president. 69 there shall be such number of ministers, not being less than seven or more than fourteen as the president may, from time to time, determine. the president may, with the approval of a majority of the members of the national assembly, appoint a person who is a citizen of seychelles and who has attained the age of eighteen years to the office of minister. where a person who is a member of the national assembly is appointed to the office of minister, the person shall, on assuming the office, cease to be a member of the assembly. a person shall, before assuming office as minister, subscribe before the president the oath of allegiance and such other oath, as may be prescribed by an act, for the due execution of the functions of that office. a minister shall receive such salary, allowances, gratuity and pension as may be prescribed by an act. the salary, allowances, gratuity or pension payable under clause (5) shall be a charge on the consolidated fund. where a person is appointed as minister and in addition to this article is entitled to receive under any other provision of the constitution a salary, pension, gratuity or allowance, the person shall not, while holding the office of a minister, be concurrently entitled to receive the salary, pension, gratuity or allowance under this article and under any other provision of the constitution but may opt to receive the salary, pension, gratuity or allowance under either this article or any other provision of the constitution. 70 a minister has such title, portfolio and responsibility as may be determined from time to time by the president and a minister may be assigned the responsibility of more than one ministry at any time. nothing in this article operates to prevent the conferring of functions on a minister by or under an act. ministers shall perform their functions under clause (1) under the direction of the president. the vice-president and the ministers shall be individually accountable to the president for the administration of their ministries and departments assigned to them and shall collectively be responsible for a decision of cabinet. a minister, unless the ministerdies resigns; or is removed from office under and in accordance with this constitution, shall hold office until immediately before the beginning of the term of the person next elected, after the minister's appointment, to the office of president. 73 a minister may resign from office by delivering to the president a notice of resignation but the resignation shall not have effect until it is received by the president. the president may and, where the national assembly has passed a vote of censure in respect of the minister under article 74, by instrument in writing, remove a minister from office. 74 the national assembly may, by resolution approved by the votes of not less than two-thirds of the number of its members, pass a vote of censure against a minister. a motion for a resolution under clause (1) shall not be moved in the national assembly unlessseven days' notice has been given of the motion; and the notice for the motion has been signed by not less than one-third of the number of members of the assembly. the speaker shall, upon receipt of the notice of the motion under clause (2)send a copy of the notice to the president; and unless the minister has ceased to hold office beforehand, cause the motion to be debated in the national assembly within fourteen days after receiving notice of motion. the minister in respect of whom a vote of censure is to be debated under clause (3) is entitled to be heard during the debate. where a vote of censure is passed against a minister under this article, the speaker shall as soon as is practicable thereafter notify the president and the president shall, unless the minister otherwise ceases to hold office, remove the minister from office under article 73(2) not later than seven days after being notified by the speaker. 75 at the time of submitting the names to the national assembly for its approval of the persons to be appointed as ministers, the president shall designate one person who shall discharge the functions of designated minister under the constitution or an act. the approval of the national assembly under clause (1) or article 66a (10) or (11) shall be by a majority of the members of the assembly. where the national assembly does not approve the designation of a person under clause (1) or article 66a (10) or (11) or a person whose designation has been approved under that clause ceases to be a minister, the president shall designate another person for approval by the national assembly. where under the constitution a function is required to be performed by the president and both the president and the vice-president are unable to perform the function, the function may be performed by the designated minister until the president or vice-president is able to perform the function. where under the constitution a function, not being a function related to a ministry or department assigned to the vice-president by the president under article 66a) (2), is required to be performed by the vice-president and the vice-president is unable to perform the function, the function, may be performed by the designated minister until the vice-president is able to perform the function. a restriction or limitation which the constitution imposes on the president or vice-president with regard to the exercise of the function of president or vice-president shall apply to the designated minister when performing a function under clause (4) or clause (5). 76 there shall be an attorney-general who shall be appointed by the president from candidates proposed by the constitutional appointments authority. a person shall hold office as attorney-general for a term of not more than seven years and is eligible for reappointment at the end of a term of office. a person shall not be appointed to the office of attorney-general unless the person is qualified for appointment to the office of judge. the attorney-general shall be the principal legal adviser to the government and, subject to clause (11), shall have power, in any case in which the attorney-general considers it desirable so to doto institute and undertake criminal proceedings against any person before any court in respect of any offence alleged to have been committed by that person; to take over and continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and to discontinue at any stage before judgment is delivered any criminal proceedings instituted or undertaken under subclause (a) or by any other person or authority. the powers of the attorney general under clause (4) may be exercised by the attorney-general in person or by subordinate officers acting in accordance with the general or special instructions of the attorney-general. subject to clause (7), the power conferred on the attorney-general by clause (4)(b) to take over any proceedings or clause (4)(c) to discontinue any proceedings shall be vested in the attorney-general to the exclusion of any other person or authority. where a person or authority, other than the attorney-general, has instituted criminal proceedings, nothing in clause (6) shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the court. subject to clause (9), for the purposes of this article, any appeal from any judgment in any criminal proceedings before any court, or any question of law reserved for the purpose of any such proceedings to any other court shall be deemed to be part of those proceedings. the power conferred on the attorney-general by clause (4)(c) shall not be exercised in relation to any appeal by a person convicted in any criminal proceedings or to any question of law reserved at the instance of such a person. in the exercise of the powers vested in the attorney-general by clause (4), the attorney-general shall not be subject to the direction or control of any other person or authority. an act may make provision with respect to the institution of proceedings by a person or authority, other than the attorney-general, before a military court or a tribunal established by or under the act for the trial of military offences committed by persons subject to military law, and unless the act otherwise provides, the power under clause (4) shall not be exercisable by the attorney-general in relation to any such person in respect of any such offence. the salary, allowances, pension or gratuity payable to the attorney-general shall be a charge on the consolidated fund. subject to article 165, the term and conditions on which a person has been appointed to the office of attorney-general shall not be altered to the disadvantage of the person after the appointment. chapter vi. legislature part i. national assembly there shall be a national assembly of seychelles. the national assembly shall consist ofsuch number of members directly elected in accordance withthis constitution; and subject to this constitution, an act, as is equal to the number of electoral areas; not more than 10 members elected on the basis of the scheme of proportional representation specified in schedule 4. 79 a general election shall be held during the period starting at the beginning of the fifty-seventh month and ending at the end of the fifty-ninth month of a session of the national assembly. where a person ceases to be a directly elected member of the national assembly under article 81, a by-election shall be held within 30 days of the person ceasing to be a member of the assembly unless the cessation occurred within three months before the beginning of the period within which a general election is required to be held under clause (1). subject to clause (4), a directly elected member of the national assembly shall be directly elected by secret ballot by persons entitled to vote under this constitution. where immediately before the day appointed for the holding of an election there is only one candidate for election for an electoral area and that candidate has, since the day immediately following the day of the closing of the nominations for that area, been the sole candidate for the area, no ballot shall be held andall the persons who were entitled to vote at the election in the electoral area shall be deemed to have cast their votes in favour of the candidate; and the electoral commission shall declare the candidate to be the directly elected member for the electoral area. where on the day immediately following the day of closing of nominations for an electoral area more than one candidate stand nominated for that area and on the day immediately before the day of election only one candidate stands nominated by reason of the withdrawal of nomination of other candidates or no candidate stands nominated by reason of the withdrawal of nomination of all the candidates the election shall be postponed and a further period of not less than seven days shall be allowed for nomination of other candidates for that area. where on the day immediately following the day of closing of nominations for an electoral area one or more candidates stand nominated for that area and one or more of them die before the day of election, the election shall be postponed and a further period of not less than seven days from the date of death of the candidate shall be allowed for nomination of other candidates for that area. the election postponed pursuant to clause (5) or (6) shall be held on such date as the electoral commission may decide but, in any case, not later that thirty days of the occurrence of the event specified in those clauses which occurred last and the candidates nominated pursuant, to those clauses shall, notwithstanding their withdrawal, be deemed to be the candidates for that election. a law may provide for any matter, not otherwise provided for in this constitution, which is necessary or required to ensure a true, fair and effective election of members of the national assembly. a person is qualified to be elected as a member of the national assembly ifthe person is qualified to vote at a presidential or national assembly election under this constitution; and the person does not hold or act in any office the functions of which involveany responsibility for, or in connection with, the conduct of the national assembly election for which the person wishes to stand; or any responsibility for the compilation or revision of an electoral register for that national assembly election. 81 a person ceases to be a member of the national assembly and the seat occupied by that person in the assembly shall become vacanton the dissolution of the assembly; if the person by notice in writing to the speaker resigns; if the person ceases to be a citizen of seychelles; if the person is absent without the permission, which shall not be unreasonably withheld, in writing of the speakerfrom seychelles for a continuous period in excess of thirty days; or during a session of the assembly, for a continuous period in excess of ninety days during which time the assembly has been summoned to meet and continues to meet; if any circumstances arise which, if the person were not a member, would, pursuant to article 80, cause that person to be disqualified for election as a member. subject to clause (2), if the person becomes party to a contract with the government for or on account of any public service or if any firm in which the person is a partner or any company of which the person is a director or manager or in which the person has a controlling interest becomes a party to any partner in a firm or a director or manager or the holder of a controlling interest in a company which is a party to such contract; if the person is elected president or becomes the vice-president or is appointed a minister; if, in the case of a proportionately elected memberthe political party which nominated the person as a member nominates another person as a member in place of the first-mentioned person and notifies the speaker in writing of the new nomination; the person ceases to be a member of the political party of which that person was a member at the time of the election; or the political party which nominated the person as a member is dissolved or otherwise ceases to exist; if, in the case of a directly elected member who was nominated for election by a political partythe person notifies the speaker in writing that the person has ceased to be a member of that political party; or the political party which nominated the person for election notifies the speaker in writing that the person has ceased to be a member of the political party and the electoral commission has received a written petition requesting the holding of fresh election for the purpose of electing a new member to represent the electoral area which the member represents signed or marked to the satisfaction of the commission by at least one third of the number of registered voters who are entitled to vote in the electoral area; if, in the case of a person who was directly elected as an independent member, the person notifies the speaker in writing that he is a member of a political party; or on the death of the person. where clause (1) (f) applies, if in the circumstances it appears to the national assembly to be just to do so, the assembly may except the member from vacating the seat, if the member, before becoming a party to the contract or before or as soon as is practicable after becoming interested in the contract as provided in clause (1) (f), has disclosed in writing to the speaker the nature of the contract and the interest, or the interest in the firm or company referred to in clause (1) (f), of the member. a political party of which a proportionately elected member was a member at the time of election shall notify the speaker in writing on the person ceasing to be a member of the party. subject to this article and article 82, where a person who is proportionately elected of the national assembly ceases to be so, the political party of which the person was a member at the time of election and which nominated the person as a member may, by notice in writing to the speaker, replace the person who has ceased to be a member by another person including the person who has immediately before ceased to be a member. where the seat of a directly elected member of the national assembly becomes vacant under this article, the speaker shall, as soon as is practicable within seven days after the vacancy occurs, notify the electoral commissioner of this fact. a certificate under the hand of the speaker certifying that a person has ceased to be a member of the national assembly shall be conclusive evidence of this fact and of the fact that the seat held by that person is vacant unlessthe person makes an application under article 82 to the constitutional court within thirty days of the date of the certificate; and the constitutional court determines that the person is still a member of the national assembly and that person still occupies that seat. until the final determination of an application referred to in clause (6) (a) the person who made the application shall continue to be a member of the national assembly in respect of the seat for which the person was elected. 82 the constitutional court shall have jurisdiction to hear and determine whethera person has been validly elected as a member of the national assembly; or the seat of a member of a national assembly has become vacant. an application under clause (1) (a) may, in the case ofa directly elected member, be made by any person entitled to vote at an election in the electoral area for which the member was returned, any person who was returned, any person who was a candidate at the election in the electoral area or the attorney-general; or a proportionately elected member, be made by any member or the attorney-general. an application under clause (1) (b) may, in the case ofa directly elected member, be made by any member, any person entitled to vote at an election in the electoral area for which the member was returned or the attorney general; a proportionately elected member, be made by any member, or the political party of which the proportionately elected member was a member at the time of election and which nominated the person as a member or the attorney-general. where a person, other than the attorney-general, makes an application under this article, the attorney-general may intervene and may appear or be represented in the proceedings. an act may provide forthe circumstances and manner in which and the imposition of conditions upon which an application may be made to the constitutional court for the determination of a question under clause (1); and the powers, practice and procedure of the constitutional court in relation to the application. a proportionately elected member who ceases to be a member of the national assembly by virtue of article 81(1) (h) (i), j shall not have the right to make an application under clause 1(b). 83 there shall be a speaker and a deputy speaker of the national assembly, each of whom shall be elected by the national assembly, in accordance with the standing orders, or, in the absence of standing orders, in accordance with the procedures approved by the assembly, from among the members of the assembly. the national assembly shall not transact any business, other than the election of the speaker, at any time when the office of speaker is vacant. a person holding the office of speaker or deputy speaker shall vacate that officewhen the national assembly first meets after the holding of a general election; where the person ceases to be a member of the national assembly; where the national assembly passes a resolution supported by the votes of not less than two-thirds of the number of members of the assembly requiring the person to vacate the office of speaker or deputy speaker, as the case may be. a person holding the office of speaker or deputy speaker may, by notice in writing addressed to the national assembly, resign from office and the office shall become vacant when the clerk to the assembly receives the notice. where the office of speaker or deputy speaker becomes vacant, the national assembly shall, unless it is sooner dissolved, elect another member of the assembly to fill the vacancy at its next sitting after the occurrence of the vacancy or as soon as is practicable thereafter. an act may provide for the salary, allowances, gratuity and pension of the speaker and deputy speaker. the salary, allowances, gratuity or pension payable to the speaker shall be a charge on the consolidated fund. the speaker and deputy speaker shall, before assuming the functions of their office, take and subscribe the oath of allegiance and such other oath as may be prescribed by law. 84 there shall be a leader of the opposition who shall be elected by the national assembly from among its members in accordance with this article and the standing orders. a person is not eligible to be elected to the office of leader of the opposition if the person is a member of the political party which nominated the incumbent president for election, and only members of the national assembly who are not members of that party may vote in the election. a person elected to the office of leader of the opposition shall vacate the officeif the person ceases to be a member of the national assembly; if the person is elected to the office of speaker or deputy speaker; if the person resigns by notice in writing addressed to the speaker; or where the members of the national assembly entitled to vote at an election to the office pass a resolution requiring the person to vacate the office. an act may provide for the salary, allowances, gratuity and pension of the leader of the opposition. the salary, allowances, gratuity or pension payable to the leader of the opposition shall be not less than those payable to a minister and shall be a charge on the consolidated fund. subject to article 105(3), where a person is elected leader of the opposition and in addition to this article is entitled to receive under any other provision of the constitution a salary, pension, gratuity or allowance, the person shall not, while holding the office of leader of the opposition, be concurrently entitled to receive the salary, pension, gratuity or allowance under this article and under any other provision of the constitution but may opt to receive the salary, pension, gratuity or allowance under either this article or any other provision of the constitution. 84a there shall be a leader of government business who shall be elected by the national assembly from among its members in accordance with this article and the standing orders. a person is eligible to be elected to the office of leader of government business if the person is a member of the political party which nominated the incumbent president for election, and only members of the national assembly who are members of that party may vote in the election. a person elected to the office of leader of government business shall vacate the office if the person ceases to be a member of the national assembly; if the person is elected to the office of speaker or deputy speaker; if the person resigns by notice in writing addressed to the speaker; or where the members of the national assembly entitled to vote at an election to the office pass a resolution requiring the person to vacate the office. an act may provide for the salary, allowances, gratuity and pension of the leader of government business. the salary, allowances, gratuity or pension payable to the leader of government business shall not be less than those payable to a minister and shall be a charge on the consolidated fund. subject to article 105(3), where a person is elected leader of government business and in addition to this article is entitled to receive under any other provision ofthe constitution a salary, allowance, gratuity or pension, the person shall not, while holding the office of leader of government business be concurrently entitled to receive the salary, allowance, gratuity or pension utnder this article or any other provision of the constitution but may opt to receive the salary; allowance, gratuity or pension under either this article or any other provision ofthe constitution. part ii. legislative power and its exercise the legislative power of seychelles is vested in the national assembly and shall be exercised subject to and in accordance with this constitution. 86 the legislative power vested in the national assembly shall be exercised by bills passed by the assembly and assented to or deemed to have been assented to by the president. unless it is otherwise provided in this constitution, a bill is passed by the assembly if it is supported at all the stages at which it is as a whole put to the vote of the assembly by a majority of the members present and voting. repealed. subject to article 87, where a bill is presented to the president for assent, the president shall, within fourteen days of the presentation of the bill, assent, or, in accordance with this part, withhold assent, to the bill. the president shall, as soon as practicable, cause a bill which has been passed and assented to or deemed to have been assented to in accordance with this constitution to be published in the gazette whereupon it shall become law. a bill passed by the national assembly and assented to or deemed to have been assented to by the president shall be styled an "act" and the words of enactment shall be "enacted by the president and the national assembly". 87 where the president is of the opinion that a bill presented for assent infringes or may infringe this constitution, the president shall not assent to the bill and, as soon as is practicable within fourteen days of the presentation of the bill -advise the speaker accordingly; and refer the bill to the constitutional court for a decision in this respect. where the president refers a bill to the constitutional court under clause (1), the president shall not, until the court has made its decision on the bill, be treated, for the purposes of article 88, as having withheld assent to the bill. where a bill has been referred to the constitutional court under clause (1), the president shall not assent to it and the national assembly shall not proceed under article 88(2) until the court has pronounced its decision thereon. where the constitutional court decides that a bill referred to it under clause (1) does not infringe this constitution, the court shall forthwith inform the president and the speaker in writing accordingly and the period under article 86(2) within which the president is required to assent to a bill shall start to run from the date of the decision of the court. where the constitutional court decides that a bill referred to it under clause (1) infringes this constitution, the court shall forthwith inform the president and the speaker in writing accordingly and the president shall return the bill to the speaker. 88 where the president withholds, within the period provided in article 86(2), assent to a bill, not being a bill referred to in article 87(5), the president shall, in the case of a refusal, forthwith or, in any event, forthwith after the period of fourteen days referred to in article 86(2)return the bill to the speaker; and inform the speaker in writing of the reasons why the bill has not been assented to. where the president has returned the bill to the speaker under clause (1)(a), the national assembly may, at any time after a period of three months from the date by which the president should have assented to the bill under article 86(2), by a notice approved by the votes of not less than two thirds of the number of members of the assembly resolve that the bill should again be presented for the president's assent. where a bill is presented for the president's assent under clause (2), notwithstanding that the president withholds assent to the bill, the president shall be deemed to have assented to the bill at the expiration of the period of fourteen days referred to in article 86(2). articles 85 and 86 shall not operate to prevent an act from conferring on a person or authority power to make subsidiary legislation. except on the recommendation of the president signified by the minister for the time being responsible for finance, the national assembly shall notproceed on a bill, including an amendment to a bill, which, in the opinion of the person presiding or the attorney-general providesfor the imposition of taxation or the alteration of taxation otherwise than by reduction; for the imposition of any charge on the consolidated fund or any other public fund of seychelles or the alteration on any such charge otherwise than by reduction; for the payment, issue or withdrawal from the consolidated fund or any other fund of the government of seychelles of any moneys not charged thereon or any increase in the amount of such payment, issue or withdrawal; or for the composition or remission of any debt due to the government of seychelles; or proceed upon any motion, including an amendment to a motion, the effect of which in the opinion of the person presiding or the attorney-general is that provision would be made for any matter in paragraph (a)(i) to (iv). receive any petition, that, in the opinion of the person presiding, requests that provision be made for any matter in paragraph (a) (i) to (iv). part iii. alteration of the constitution 91 the national assembly shall not proceed on a bill to alter chapter i, chapter iii, this article 110 or article 111 unlessthe proposed alteration contained in the bill has been approved on a referendum by not less than sixty percent of the votes cast in the referendum; and the speaker signifies that such approval has been so given. a bill to alter this constitution shall, in the long title state that it is a bill to alter the constitution, and shall not be passed by the national assembly unless it is supported by the votes of not less than two-thirds of the number of members of the assembly at any stage at which, pursuant to the standing orders, the bill as a whole is put to the vote in the assembly. in this articlea reference to this constitution includes a reference to a law that amends or replaces any provision of this constitution; and a reference to the alteration of this constitution includes a reference to the amendment, modification or reenactment, with or without amendment or modification, of any provision of this constitution, the suspension or repeal of any such provision and the making of different provision in lieu of such provisions, and the addition of a new provision to this constitution. part iv. procedures in the national assembly 92 the president may, at any time, attend and address the national assembly. the president may send a message to the national assembly and the message shall be read, at the first convenient sitting of the assembly after it is received by the speaker, by the vice-president. 93 the vice-president or a minister may attend meetings of the national assemblyfor the purpose of presenting a bill and in connection with proceedings in the assembly relating to the passing of a bill; for the purpose of dealing with any matters arising in the assembly, or explaining to the assembly any matter, which falls within the vice-president's or minister's responsibility, or for the purpose of answering a written question from a member. the vice-president, a minister or, where a matter falls within the responsibility of the president, the vice-president or a minister designated by the president shall attend a meeting of the national assembly when it is necessary for a purpose referred to in clause (1)(b) or (c). 94 the right to introduce a bill in the national assembly may be exercised by the vice-president or a minister or, subject to clause (2), a member. a member may not, pursuant to clause (1), introduce a bill which provides for any of the matters specified in article 90. the speaker shall, after consultation with the president and the leader of the opposition, determine the order of priority for the presentation of bills to the national assembly. 95 where at a meeting of the national assembly a quorum is not present and a member who is present objects on that account to the transaction of business and after such interval as may be prescribed in the standing orders, the person presiding at the sitting ascertains that a quorum is still not present, the person presiding shall adjourn the meeting of the assembly. for the purpose of this article, a quorum shall consist of one half of the number of members at the time. 96 subject to this constitution, questions before a meeting of the national assembly shall be decided in accordance with the majority of members present and voting. the person presiding at a meeting of the national assembly shall not vote on any question to be decided by the assembly but, in the event of an equality of votes on any question, shall have a casting vote. subject to the standing orders meetings of the national assembly shall be open to the public and may be broadcast. 98 subject to clause (2), the speaker or, in the absence of the speaker, the deputy speaker or, in their absence, a member elected by the national assembly, shall preside over the deliberations of the assembly. the first meeting of a session of the assembly shall, until the speaker is elected, be presided over by the person who was the speaker or, in his absence, the deputy speaker immediately before that meeting. a member shall not take part in the proceedings of the national assembly, other than the proceedings for the purposes of this article, until the member has taken and subscribed before the assembly the oath of allegiance. the national assembly may act, notwithstanding any vacancy in its membership, including any vacancy not filled when the assembly first meets after an election, and the presence or participation of a person not entitled to be present at, or to participate in, the proceedings of the assembly shall not invalidate the proceedings. subject to this constitution, the national assembly may make standing orders for the regulation and orderly conduct of its proceedings and the discharge of business at sittings of the assembly and for related purposes. 102 there shall be freedom of speech and debate in the national assembly and a member shall not be subject to the jurisdiction of any court or to any proceedings whatsoever, other than in proceedings in the assembly, when exercising those freedoms or performing the functions of a member in the assembly. where the national assembly is in session an arrest shall not be effected against a member in a way which will interfere with the performance by the member of the functions of the member in the assembly and, where proceedings are instituted against a member, the court or authority before which the proceeding are being conducted shall so conduct the proceedings as to allow the member to continue to perform the functions of the member in the assembly. a process issued by a court shall not be served or executed within the precincts of the national assembly, as defined by or under an act. 104 the national assembly shall, as soon as is practicable after the beginning of each session of the assembly, appoint from among its members standing committees and other committees necessary for the efficient discharge of its functions and, without prejudice to the foregoing, the national assembly shall appoint the following standing committeesa finance and public accounts committee; and a standing order committee. the composition of a standing or other committee shall, as far as is practicable, reflect the strength of the political parties and independent members in the assembly but shall otherwise be regulated by the standing orders. for the purposes of effectively performing its functions a standing or other committee may summon any person the committee believes may assist the committee in the performance of its functions and the committee shall have the powers, rights and privileges of the supreme court for enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise; compelling the production of documents; and issuing a commission or request to examine a witness abroad. a debate in the national assembly may only be initiated in respect of a report or other matter which falls within the competence of a standing or other committee by a member of the standing or other committee. 105 an act may provide for the salary, allowances, gratuity and pension of member of the national assembly. the salary, allowances, gratuity or pension payable to members of the national assembly shall be a charge on the consolidated fund. a member of the national assembly elected to the office of speaker, deputy speaker, leader of the opposition or leader of government business shall not, while holding that office, be paid the salary, allowances, gratuity or pension payable under clause (1). part v. sessions and dissolution of the national assembly 106 a session of the national assembly shall begin on the first meeting of the assembly summoned under article 107 and, unless sooner dissolved under clause (2)(b) article 110 or article 111, continue for a period of five years thereafter. the national assembly shall stand dissolvedsubject to clause (3), on the day next following the end of the period of five years referred to in clause (1); where a general election is held before the period of five years referred to in clause (1), on the day next following the declaration of the results of the election; or in accordance with article 110 or article 111. where a period of public emergency subsists at the time when the national assembly would stand dissolved under clause (2)(a) national assembly may, by resolution approved by a majority of the members of the assembly, extend the sessions of the assemblywhere there is a declaration of emergency, for not more than six months at a time but up to a maximum aggregate period of twelve months; where seychelles is at war, for not more than twelve months at a time but up to a maximum aggregate period of forty-eight months, and a period of extension shall not extend beyond the duration of the term of office of the president extended in the same circumstances under this constitution. the president shall, by proclamation published in the gazette, summon the first meeting of the national assembly in a session not later that four months after the end of the immediately preceding session of the assembly. subject to article 109, each succeeding meeting of the national assembly after the first meeting of the assembly shall be held at such place and commence at such time as the speaker may determine or as may be prescribed by the standing orders. the president may, at any time by proclamation published in the gazette, summon a meeting of the national assembly. 110 the president may dissolve the national assembly in accordance with this article. subject to clause (5), the president may, not more than once during a term of office of the president, for any reason which the president considers it to be in the national interest so to do, after giving seven days notice to the speaker, by proclamation published in the gazette, dissolve the national assembly and the assembly shall stand dissolved on the day next following the publication of the proclamation. subject to clause (5), where during a term of office of the president the president has once dissolved the national assembly under clause (2) and the president is of the opinion that it is in the national interest to dissolve the assembly once again, the president may, after giving to the speakerseven days' notice of the intention to dissolve the assembly; and written notice of the president's intention to resign from office under article 52(5) on the publication of the proclamation under this article, by proclamation, published in the gazette, dissolve the national assembly and the assembly shall stand dissolved and the president shall cease to hold office on the day next following the publication of the proclamation. wherethe national assembly votes against any measure proposal of the government and on a referendum a majority of the cast in the referendum supports the measure or proposal and assembly, after the referendum, again votes against the measure proposal, a proposal to alter chapter i, iii, article 91, this article or article 111 has been approved on a referendum held pursuant to article 91 and a bill to give effect to the proposal is not supported as required by article 91 (2) in the national assembly, the president may, after giving seven days' notice to the speaker, by proclamation published in the gazette, dissolve the national assembly within thirty days of the assembly voting against the measure or proposal under paragraph (a) or the assembly not supporting the bill under paragraph (b), as the case may be and the assembly shall stand dissolved on the day next following the publication of the proclamation. the president shall not dissolve the national assembly under clause (2) or clause (3) during any period of public emergency in terms of article 49, where proceedings for the removal of the president under article 53 or article 54 have commenced, during the pendency of the proceedings. where the national assembly at a meeting summoned for this purpose resolves by the affirmative votes of not less than two-thirds of the number of members of the assembly that the assembly be dissolved, the national assembly shall stand dissolved on the day next following the passing of the resolution. chapter vii. electoral areas, franchise and electoral commission 112 subject to this article , seychelles shall be divided into as many electoral areas, as may be prescribed, for the purposes of election of members to the national assembly and each electoral area shall be represented by one member of the national assembly. there shall be not less than nineteen electoral areas on mahe and two electoral areas on praslin, and the inner islands shall constitute one electoral area. in determining the number and boundaries of the electoral areas on mahe and praslin the electoral commissionshall have regard to the boundaries of electoral areas which exist at the time of the determination by the commission; and the natural geographical features of seychelles; shall ensure that, each electoral area on mahe shall have, as nearly as is practicable, an equal number of inhabitants and each electoral area on praslin shall have, as nearly as is practicable, an equal number of inhabitants. a citizen of seychelles who is registered as a voter in an electoral area shall be entitled to vote, in accordance with law, in the electoral areasat an election for the office of president; at an election of the members of the national assembly; or in a referendum held under this constitution, unless any circumstances have arisen which, if the citizen were not so registered, would cause the citizen to be disqualified under an act made under article 114(1) on ground (a) or ground (b) of article 114(1). 114 a person who is a citizen of seychelles and has attained the age of eighteen years is entitled to be registered as a voter unless the person is disqualified from registration under an act on the ground ofinfirmity of mind; criminality; or residence outside seychelles. an act referred to in clause (1) may provide for different grounds of disqualification with regard toan election for the office of president; an election of the members of the national assembly; and a referendum held under this constitution. a person is not entitled to be registered as a voter in more than one electoral area. 115 there shall be an electoral commission which shall perform the functions conferred upon it by this constitution any other law. subject to this constitution the electoral commission shall not, in the performance of its functions, be subject to the direction or control of any person or authority. 115a the commission shall consist of a chairperson and six members all of whom shall be appointed by the president selected from nine candidates of proven integrity and high repute, proposed by the constitutional appointments authority constituted under article 139 of the constitution. a person is qualified to be a chairperson and members of the commission if the person is a citizen of seychelles whois qualified to be registered as a voter; and the person is not a candidate of an election under the constitution or is not the president, vice president, minister or a member of the national assembly and not an executive office bearer of a political party. 115c the chairperson and the members of the commission shall be appointed for a term of seven years, and may, at the end of a term, be eligible for re-appointment. the chairperson may by writing addressed to the president and a member who is not the chairperson, to the chairperson resign. a resignation under clause (2) shall have effect on the date it is last received by any person specified in that clause. the salary, allowances and gratuity payable to the chairperson and members of the commission shall be prescribed by or under an act and the salary, allowances or gratuity shall be a charge on the consolidate fund. the pension payable to the chairperson of the commission shall be prescribed by or under an act and the pension shall be a charge on the consolidated fund. subject to article 166, the salary, allowances and gratuity payable to and the term and other conditions of appointment of the chairperson and members of the commission shall not be altered to the disadvantage after the appointments. the commission may regulate its own proceedings and may act notwithstanding one vacancy in its membership. 116 the electoral commissionshall be a responsible for the conduct and supervision of the registration of voters and of elections and referenda under this constitution; shall keep under continuous review the number and boundaries of the electoral areas into which mahe and praslin are divided having regard to article 112 (3); shall keep under continuous review the practices and working, including such matters as finance, broadcast and advertising, of political campaigns in respect of elections and referenda under this constitution; shall have such other functions as may be prescribed by or under this constitution or an act. shall review the existing legislation governing electoral matters and make recommendations to the government. the electoral commission shall, within ninety days after each election or referendum under this constitution, submit to the national assembly and the president a report on the conduct ofthe political campaign leading up to the election or referendum; and the election or referendum, together with such recommendations as the commission may consider necessary for the purposes of ensuring true, fair and effective elections and referenda. the electoral commission shall, not later that three years after the coming into force of this constitution and thereafter three years after the commission last submitted a report in terms of clause (1)(b), submit to the national assembly and the president a report in terms of clause (1)(b) together with such recommendations regarding changes in the number or boundaries of the electoral areas on mahe and praslin which the commission considers necessary in the circumstances. as soon as is practicable within thirty days after the submission of the report under clause (3) the president shall cause to be laid before the national assembly the draft of an order by the president for giving effect to the recommendations contained in the report relating to changes in the number or boundaries of the electoral areas referred to in the report and the draft may make provision for any matter which appears to the president to be incidental to or consequential upon the other provisions of the draft when the draft order laid before the national assembly under clause (4) is approved by resolution of the national assembly, the president shall make an order, which shall be published in the gazette in terms of the draft and the order shall come into force on the next dissolution of the national assembly after the order is so published. where the draft order laid before the national assembly under clause (4) is not approved by resolution of the national assembly, the president shall refer the matter to the electoral commission for its consideration. an act shall provide for the regulation and control by the electoral commission ofelection or referendum expenditures by a political party or person taking part in an election or referendum; contributions to or in favour of a political party or person taking part in an election or referendum or a cause in relation to an election or referendum; an act shall provide for the registration of political parties, qualifications for entitlement to be registered as a political party, conferment of corporate status on political parties, the maintenance of a register of political parties by the electoral commission, the submission of accounts and other prescribed particulars and information to the commission by a registered political party, the provision of financial support from public funds to political parties, the control of financial and other contributions to political parties, the disposal of the assets of political parties on dissolution and the submission to the national assembly by the electoral commission of an annual report in respect of the functions of the commission under the act. chapter viii. judiciary part i. general 119 the judicial power of seychelles shall be vested in the judiciary which shall consist of the court of appeal of seychelles; the supreme court of seychelles; and such other subordinate courts or tribunals established pursuant to article 137. the judiciary shall be independent and be subject only to this contribution and the other laws of seychelles. subject to this constitution, justices of appeal, judges and masters of the supreme court shall not be liable to any proceedings or suit for anything done or omitted to be done by them in the performance of their functions. an act establishing a subordinate court or tribunal referred to in clause (1)(c) may grant to the person exercising judicial functions in the court or tribunal immunity from proceedings or suit to the extent provided in clause (3). part ii. court of appeal 120 there shall be a court of appeal which shall, subject to this constitution, have jurisdiction to hear and determines appeals from a judgment, direction, decision, declaration, decree, writ or order of the supreme court and such other appellate jurisdiction as may be conferred upon the court of appeal by this constitution and by or under an act. except as this constitution or an act otherwise provides, there shall be a right of appeal to the court of appeal from a judgment, direction, decision, declaration, decree, writ or order of the supreme court. the court of appeal shall, when exercising its appellate jurisdiction, have all the authority, jurisdiction and power of the court from which the appeal is brought and such other authority, jurisdiction and power as may be conferred upon it by or under an act. subject to this constitution and any other law, the authority, jurisdiction and power of the court of appeal may be exercised as provided in the rules of the court of appeal. proceedings in respect of a matter relating to the application, contravention, enforcement or interpretation of this constitution shall take precedence over other matters before the court of appeal. where in respect of any matter before it, the court of appeal finds that any law or provision of any law contravenes this constitution, the justice of appeal presiding at the sitting of the court shall send a copy of the finding to the president and the speaker. the court of appeal shall sit, as occasion requires, to deal with matters before it as expeditiously as is practicable. the court of appeal shall consist ofa president of the court of appeal and two or more other justices of appeal; and the judges who shall be ex-officio members of the court. a person is qualified for appointment as, or to discharge the functions of, the president of the court of appeal or a justice of appeal if, in the opinion of the constitutional appointments authority, the person is suitably qualified in law and can effectively, competently and impartially discharge the functions of the office of justice of appeal under this constitution. the president shall, by instrument under the public seal, appoint the president of the court of appeal and other justices of appeal from candidates proposed by the constitutional appointments authority. 124 where the office of president of the court of appeal is vacant or the president of the court of appeal is for any reason unable to perform the functions of the office of president of the court of appealuntil a person has been appointed to and has assumed the functions of that office; or until the person holding the office of president of the court of appeal has resumed the functions of that office, as the case may be the functions of the office of presidents of the court of appeal shall be performed by a justice of appeal appointed for the purpose by the president from justices of appeal proposed by the constitutional appointments authority. wherethe office of a justice of appeal is vacant; a justice of appeal is for any reason unable to perform the functions of that office; a justice of appeal is performing the functions of the president of the court of appeal under clause (1) until a person has been appointed to and has assumed the functions of the office of justice of appeal; until the person holding the office of justice of appeal has resumed the functions of that office; or until the justice of appeal referred to in paragraph (c) ceases to perform the functions of the office of president of the court of appeal, as the case may be. the president may appoint a person from candidates proposed by the constitutional appointments authority to act as justice of appealpart iii. supreme court 125 there shall be a supreme court which shall, in addition to the jurisdiction and powers conferred by this constitution, haveoriginal jurisdiction in matters relating to the application, contravention, enforcement or interpretation of this constitution; original jurisdiction in civil and criminal matters; supervisory jurisdiction over subordinate courts, tribunals and adjudicating authority and, in this connection, shall have power to issue injunctions, directions, orders or writs including writs or orders in the nature of habeas corpus, certiorari, mandamus, prohibition and quo warranto as may be appropriate for the purpose of enforcing or securing the enforcement of its supervisory jurisdiction; and such other original, appellate and other jurisdiction as may be conferred on it by or under an act. proceedings in respect of matters relating to the application, contravention, enforcement or interpretation of this constitution shall take precedence over other matters before the supreme court. the supreme court shall consist of the chief justice the puisne judges and, subject to clause (5), the masters of the supreme court. subject to article 129, any other law and the rules of the supreme court, a single judge or a number of judges sitting together may exercise the jurisdiction and powers of the supreme court. a master of the supreme court may exercise such limited jurisdiction and powers of the supreme court as may be prescribed by or under an act or by the rules of the supreme court in respect of interlocutory proceedings. the number of puisne judges and masters of the supreme court who may be appointed shall be prescribed by an act. for the purposes of clause (1) (c) "adjudicating authority "includes a body or authority established by law which performs a judicial or quasi-judicial function. 126 a person is qualified for appointment as judge ifthe person has been entitled to practice before a court of unlimited original jurisdiction for not less than seven years; and in the opinion of the constitutional appointments authority the person has shown outstanding distinction in the practice of law and can effectively, competently and impartially discharge the functions of the office of a judge under this constitution. a person is qualified for appointment as a master of the supreme court ifthe person has been entitled to practice before a court of unlimited jurisdiction for not less than five years; and in the opinion of the constitutional appointments authority the person has shown outstanding distinction in the practice of law and can effectively, competently an impartially discharge the functions of the office of a master of the supreme court under this constitution. for the purposes of clauses (1) (b) and (2) (b), any period during which a person has functioned as a public officer holding an office for which qualification as a barrister or attorney is required may be treated as a period of practice under the clauses. the president shall, by instrument under the public seal, appoint the judges and masters of the supreme court from candidates proposed by the constitutional appointments authority. 128 where the office of chief justice is vacant or the chief justice is for any reason unable to perform the functions of the office of chief justiceuntil a person has been appointed to and has assumed the functions of that office; or until the person holding that office has resumed the functions of that office, as the case may be, the functions of the office shall be performed by a judge appointed by the president from judges proposed by the constitutional appointments authority. wherethe office of a judge is vacant; a judge is for any reason unable to perform the functions of the office of a judge; or the chief justice advises the president that the state of business in the supreme court so requires. the president may appoint a person from candidates proposed by the constitutional appointments authority to act as a judgeuntil a person has been appointed and has assumed the functions of that office; until the person holding that office has assumed the functions of that office; or until the president, on the advice of the chief justice, revokes the appointment, as the case may be. an appointment under clause (2) (c) may be made without reference to any numerical limit imposed under article 125(6) part iv. constitutional questions 129 the jurisdiction and powers of the supreme court in respect of matters relating to the application, contravention, enforcement or interpretation of the constitution shall be exercised by not less than two judges sitting together. where two or more judges sit together for the purposes of clause (1), the most senior of the judges shall preside. any reference to the constitutional court in this constitution shall be a reference to the court sitting under clause (1) 130 a person who alleges that any provisions of this constitution, other than a provision of chapter iii, has been contravened and that the person's interest is being or is likely to be affected by the contravention may, subject to this article, apply to the constitutional court for redress. the constitutional court may decline to entertain an application under clause (1) where the court is satisfied that the applicant has obtained redress for the contravention under any law and where the applicant has obtained redress in the constitutional court for any matter for which an application may be made under clause (1), a court shall not entertain any application for redress for such matter except on appeal from a decision of such court. where the constitutional court on an application under clause (1) is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned in any other court under any other law, the court may hear the application or transfer the application to the appropriate court for grant of redress in accordance with law. upon hearing an application under clause (1), the constitutional court maydeclare any act or omission which is the subject of the application to be a contravention of this constitution; declare any law or the provision of any law which contravenes this constitution to be void; grant any remedy available to the supreme court against any person or authority which is the subject of the application or which is a party to any proceedings before the constitutional court, as the court considers appropriate. where the constitutional court makes a declaration under clause 4 (b) the court shall, subject to any decision in appeal therefrom, send a copy of the declaration to the president and the speaker, where in the course of any proceedings in any court, other than the court of appeal or the supreme court sittings as the constitutional court, or tribunal, a question arises with regard to whether there has been or is likely to be a contravention of this constitution, other than chapter iii, the court or tribunal shall, if it is satisfied that the question is not frivolous or vexatious or has not already been the subject of a decision of the constitutional court or the court of appeal, immediately adjourn the proceedings and refer the question for determination by the constitutional court. where in an application under clause (1) or where a matter is referred to the constitutional court under clause (6),the person alleging the contravention or risk of contravention establishes a prima facie case, the burden of proving that there has not been a contravention or risk of contravention shall, where the allegation is against the state, be on the state. the court in which the question referred to in clause (6) arose shall dispose of the case in accordance with the decision of the constitutional court, or if that decision is the subject of an appeal, in accordance with the decision of the court of appeal. nothing in this article confers jurisdiction on the constitutional court to hear or determine a matter referred to it under article 51(3) or article 82 (1) otherwise than upon an application made in accordance with article 51 or article 82. part v. terms of appointment of justices of appeal and judges 131 subject to article 134, a person holding office of justice of appeal or judge shall vacate that officeon death; if the person is removed from office under article 134; subject to clause(2), if the person resigns in writing addressed to the president and to the constitutional appointments authority. in the case of a person who is a citizen of seychelles, on attaining the age of seventy years; in the case of a person who is not a citizen of seychelles, at the end of the term for which the person was appointed; if the office is abolished with the consent of the person. a resignation under clause (1)(c) shall have effect on the date on which it is received by the president. subject to clause (4), a person who not a citizen of seychelles may be appointed to the office of justice of appeal or judge for only one term of office of not more than seven years. the president may, on the recommendation of the constitutional appointments authority in exceptional circumstances appoint a person who is not a citizen of seychelles and who has already completed one term of office as a justice of appeal or judge for a second term of office, whether consecutive or not, of not more than seven years. 132 the office of justice of appeal or judge shall not, without the consent of the justice of appeal or judge, be abolished during the justice's of appeal or judges' continuance in office. a person who has been appointed to the office of justice of appeal or judge may continue in office notwithstanding any change, during the justice's of appeal or judges's term of office, of the qualification for appointment to the office. a justice of appeal or judge or a person acting as such pursuant to article 124 or article 128, whose appointment has terminated otherwise than by reason of being removed from office under article 134, may continue to sit as a justice of appeal or judge, or to act as such, for the purpose of giving judgment or otherwise in relation to any proceedings commenced before the justice of appeal or judge before the termination of the appointment. 133 the salary, allowances, gratuity and pension payable to a justice of appeal or judge shall be prescribed by or under an act and shall be a charge on the consolidated fund. subject to article 134, the salary, allowances or gratuity payable to and the term and other conditions of service of a justice of appeal or judge shall not be altered to the disadvantage of the justice of appeal or judge after appointment. 134 a justice of appeal or judge may be removed from office onlyfor inability to perform the functions of the office, whether arising from infirmity of body or mind or from any other cause, or for misbehaviour; and in accordance with clauses (2) and (3) where the constitutional appointments authority considers that the question of removing a justice of appeal or judge from office under clause (1) ought to be investigatedthe authority shall appoint a tribunal consisting of a president and at least two other members, all selected from among persons who hold or have held office as a judge of a court having unlimited original jurisdiction or a court having jurisdiction in appeals from such a court or from among persons who are eminent jurists of proven integrity; and the tribunal shall inquire into the matter, report on the facts thereof to the authority and recommend to the president whether or not the justice of appeal or judge ought to be removed from office. where, under clause (2), the tribunal recommends that a justice of appeal or judge ought to be removed from office, the president shall remove the justice of appeal or judge from office. where under this article the question of removing a justice of appeal or judge has been referred to a tribunal, the president may suspend the justice of appeal or judge from performing the functions of a justice of appeal or judge, but the suspensionmay, on the advice of the constitutional appointments authority, be revoked at any time by the president; shall cease to have effect if the tribunal recommends to the president that the justice of appeal or judge ought not to be removed from office. part vi. miscellaneous a justice of appeal, judge or master of the supreme court shall, before entering office, take and subscribe the oath of allegiance and such oath for the due performance of the functions of the office as may be prescribed by or under an act. 136 the president of the court of appeal may make rules of the court of appeal. the chief justice may make rules of court of the supreme court. acts mayprovide for the establishment of courts or tribunals which are subordinate to the court of appeal and supreme court, in this article referred to as "subordinate courts and tribunals", provide for the appointment to and removal from office of members of the subordinate courts and tribunals; define or provide for the definition of the jurisdiction and powers of the subordinate courts and tribunals; define or provide for the definition of the relationship among the subordinate courts or tribunals and the relationship between the subordinate courts or tribunals and the supreme court and the court of appeal; provide for the making of rules in respect of the subordinate courts and tribunals. the supreme court shall have, and use as occasion requires, a seal bearing on it the device of the public seal of seychelles surrounded by the words "seal of the supreme court of seychelles" chapter ix. constitutional appointments authority 139 there shall be a constitutional appointments authority which shall perform the functions conferred upon it by this constitution and any other law. subject to this constitution, the constitutional appointments authority shall not, in the performance of its functions, be subject to the direction or control of any person or authority. 140 the constitutional appointments authority shall consist of five members appointed as followsthe president and the leader of the opposition shall each appoint two members; subject to clause (3), the four members appointed under paragraph (a) shall, within twenty-one days of their appointment, by agreement, appoint the fifth member who shall also be the chairman of the authority. the president or the leader of the opposition shall within seven days after the person whom the president or leader of the opposition has appointed under clause (1)(a) ceased to be a member of the constitutional appointments authority, appoint another person as member of the authority. where the four members of the constitutional appointments authority appointed under clause (1) (a) or clause (4)(a) or (b) fail to appoint or are unable to agree on the appointment of the fifth member and chairman of the authority, the four members shall, within fourteen days after the end of the period specified in clause (1)(b), propose a list of not less than four and not more than five candidates for the office of member and chairman of the authority to the president and the president, in consultation with the speaker and the chief justice shall within seven days after receiving the list of candidates, appoint one of the candidates proposed as member and chairman of the authority. wherethe president or the leader of the opposition fails to appoint the members of the constitutional appointments authority within the prescribed time, the speaker shall appoint the members; the president and the leader of the opposition fail to appoint the members of the constitutional appointments authority within the prescribed time, the appointment shall be made by the national assembly; the four members of the constitutional appointments authority appointed under clause 1 (a) or sub-clause (a) or (b) of this clause fail to propose a list of candidates for the office of member and chairman of the authority to the president within the time prescribed in clause (3), the national assembly shall propose the list of candidates to the president who shall within 7 days after receiving the list appoint one of the candidates as member and chairman of the authority; the president fails to appoint the fifth member and chairman of the authority within the time prescribed in clause (3) or subclause (c) of this clause, the national assembly shall appoint the fifth member and chairman; the fifth member and chairman of the constitutional appointments authority ceases to hold office other than by expiration of the period of office, clause (1)(b) and (3) and this clause shall apply to the appointment of the fifth member and chairman as if the period specified in clause (1) (b) begins on the date the member and chairman ceases to hold office. a person is qualified to be a member of the constitutional appointments authority if the person is a citizen of seychelles whohas held judicial office in a court of unlimited original jurisdiction; or is of proven integrity and impartiality who has served with distinction in a high office in the government of seychelles or under this constitution or in a profession or vocation. 142 a person shall be appointed a member of the constitutional appointments authority for a term of seven years and subject to any law, may, at the end of a term, be reappointed for further terms of office. a person holding office as member of the constitutional appointments authority may, by writing addressed to the president and leader of opposition, and, in the case of a member who is not the chairman, to the chairman, resign. a resignation under clause (2) shall have effect on the date it is last received by any person specified in that clause. the salary, allowances and gratuity payable to a member of the constitutional appointments authority shall be prescribed by or under an act and the salary, allowances or gratuity shall be a charge on the consolidated fund. subject to article 166, the salary, allowances and gratuity payable to and the term and other conditions of appointment of a member of the constitutional appointments authority shall not be altered to the disadvantage of the member after the appointment. the constitutional appointments authority may regulate its own proceedings and may act notwithstanding one vacancy in its membership. chapter x. ombudsman 143 there shall be an ombudsman who shall be appointed by the president from candidates proposed by the constitutional appointments authority. a person is qualified for appointment as ombudsman ifthe person is a citizen of seychelles; the person is of proven integrity and impartiality; the constitutional appointments authority is of the opinion that the person possesses demonstrated competence and experience and can effectively discharge the functions of the office of ombudsman; and the person is not a member of the national assembly or judiciary or a minister or the vice-president or a candidate in an election under this constitution or has been designated as a candidate's vice-president at an election for president. subject to this constitution, the ombudsman shall not, in the performance of the office of ombudsman, be subject to the direction or control of any person or authority. the person holding office as ombudsman shall not hold any other public office of emolument or engage in any occupation for reward outside the functions of the office of ombudsman which might compromise the integrity, impartiality and independence of that office. schedule 5 shall have effect with regard to the ombudsman. an act may provide for any matter, not otherwise provided for under this article, necessary or expedient for the purpose of ensuring the independence, impartiality and effectiveness of the office of ombudsman. 144 a person shall be appointed to the office of ombudsman for a term of seven years, and is eligible for reappointment at the end of the term. a person holding the office of ombudsman shall vacate the office on death, if the person, by writing addressed to the president, resigns or if the person is removed from office or at the end of a term of office. where a person holding office as ombudsman resigns, the resignation has effect on the date it is received by the president. the salary, allowance, gratuity and pension payable to the ombudsman shall be prescribed by or under an act and the salary, allowance, gratuity or pension so payable shall be a charge on the consolidated fund. subject to article 165, the salary, allowances or gratuity payable to and the term of office and other conditions of service of the ombudsman shall not be altered to the disadvantage of the ombudsman after appointment. chapter xi. public service appeal board 145 there shall be a public service appeal board which shall perform the functions conferred upon it by this constitution and any other law. subject to this constitution, the public service appeal board shall not, in the performance of its functions, be subject to the direction or control of any person or authority. 146 the public service appeal board shall hear complaints by persons aggrieved byan appointment made to an office; a promotion to an office; disciplinary proceedings taken in respect of an officer; the termination of appointment of a person who was holding an office; any decision relating to the qualification of a person who has applied for an office or is serving in an office, in the public service clause (1) shall not apply to an office the appointment to which falls within the competence of the constitutional appointments authority or an office referred to in article 62(3) or any other law. the public service appeal board may refuse to consider a complaint where it is of the opinion thatit is frivolous, vexatious or trivial or made in bad faith; or the making of the complaint has, without reasonable cause, been delayed for more than six months, or the complaint is the subject of proceedings before the court. where after considering a complaint the public service appeal board is of the opinion that the complainant has been aggrieved as alleged in the complaint, the board shall order the public authority concerned to take such appropriate action as is specified in the order within the time specified in the order and where the public authority fails to comply with the order the board shall make a report to the national assembly. the public service appeal board shall, in addition to any report it may make under clause (4), make, before the 31st january of each year, a report to the national assembly in respect of the performance of its functions during the immediately preceding year. a complaint made under this article shall not affect the right of the complainant or other person to take legal or other proceedings under any other law. for the purposes of this article"body" means a body of persons whether corporate or incorporate; "public service" means service under a public authority; "public authority" means a ministry, department, or division of the government. 147 the public service appeal board shall, for the purposes of performing its functions under this chapter, have the power to compel the attendance of witnesses, examine witnesses on oath or otherwise, call for and examine any relevant record and inspect any premises. paragraph 4 of schedule 5 shall apply to an investigation by the public service appeal board as it applies to an investigation by the ombudsman. the public service appeal board may regulate its own proceedings and may act notwithstanding one vacancy in its membership. an act may provide for any matter, not otherwise provided for in this chapter, in relation to the public service appeal board. 148 the public service appeal board shall consist of three members appointed as followsthe president and the leader of the opposition shall each appoint one member; subject to clause (3), the two members appointed under paragraph (a) shall, within twenty-one days of their appointment, by agreement, appoint the third member who shall also be the chairman of the board. the president or the leader of the opposition shall within seven days after the person whom the president or leader of opposition has appointed under clause (1) (a) ceased to be a member of the public service appeal board, appoint another person as member of the board. where the two members of the public service appeal board appointed under clause (1)(a) or clause 4(a) or (b) fail to appoint or are unable to agree on the appointment of the third member and chairman of the board, the two members shall, within fourteen days after the end of the period specified in clause (1) (b), propose a list of not less than two and not more than three candidates for the office of member and chairman of the board to the president and the president shall within seven days after receiving the list of candidates, appoint one of the candidates proposed as member and chairman of the board. wherethe president or the leader of the opposition fails to appoint a member of the public service appeal board within the prescribed time, the speaker shall appoint the member; the president and the leader of the opposition fail to appoint a member of the public service appeal board within the prescribed time, the appointment shall be made by the national assembly; the two members of the public service board appointed under clause (1)(a) or subclause (a) or (b) of this clause fail to propose a list of candidates for the office of member and chairman of the board to the president within the time prescribed in clause (3), the national assembly shall propose the list of candidates to the president who shall within 7 days after receiving the list appoint one of the candidates as member and chairman of the board; the president fail to appoint the third member and chairman of the public service appeal board within the time prescribed in clause(3), the national assembly shall appoint the third member and chairman; the third member and chairman of the public service appeal board ceases to hold office other than by expiration of the period of office, clauses (1)(b) and (3) and this clause shall apply to the appointment of the third member and chairman as if the period specified in clause (1) (b) begins on the date the member and chairman ceases to hold office. a person is qualified to be a member of the public service appeal board if the person is a citizen of seychelles whois of proven integrity and impartiality who has served with distinction in a high office in the government of seychelles or under this constitution or in a profession or vocation and is not a member of the national assembly or a minister or the president or a candidate to an election under this constitution. 150 a person shall be appointed a member of the public service appeal board for a term of seven years and subject to any law, may, at the end of a term, be reappointed for further terms of office. a person holding office as a member of the public service appeal board may, by writing addressed to the president and leader of opposition, and, in the case of a member who is not the chairman, to the chairman, resign. a resignation under clause (2) shall have effect on the date it is last received by any person specified in that clause. the salary, allowances and gratuity payable to a member of the public service appeal board shall be prescribed by or under an act and the salary, allowances or gratuity so payable shall be a charge on the on the consolidated fund. subject to article 166, the salary, allowances and gratuity payable to and the term and other conditions of appointment of a member of the public service appeal board shall not be altered to the disadvantage of the member after the appointment. the public service appeal board may regulate its own proceedings and may notwithstanding one vacancy in its membership. chapter xii. finance there shall be a consolidated fund into which shall be paid all revenues or other moneys raised or received for purposes or on behalf of the republic, not being revenues or other moneys that are payable by or under an act for some specific purpose or into some other fund established under an act for a specific purpose. 152 no moneys shall be withdrawn from the consolidated fund exceptto meet expenditure that is charged on the fund by this constitution or by an act; or where the issue of those moneys has been authorisedby an appropriation act; by a supplementary estimate approved pursuant to article 154(7) by resolution of the national assembly passed in that behalf of; or under article 155. no moneys shall be withdrawn from any public fund, other than the consolidated fund, unless the issue of those moneys has been authorised by or under an act. the public debt of seychelles shall be a charge on the consolidated fund and other public funds established by or under this constitution. 154 the minister shall, not later that the thirtieth day after the beginning of each financial year, lay before the national assembly the estimates of revenue and expenditure of the government for the financial year. the minister shall, before presenting the estimates under clause (1), obtain the approval of the cabinet in respect of the estimates. the estimates referred to in clause (1) shall includea statement of the public debt at the beginning of the financial year showinga bilateral, multilateral, institutional and commercial debts; whether the debt in each case referred to in subparagraph (i) is foreign or domestic; in the case of a domestic debt, the type and aggregate amount of the debt instrument issued; a statement of the expected debt at the end of the financial year; a profile of the debt repayment and servicing requirement for the next ten subsequent financial years; a statement of the outstanding guarantees given by the government and the central bank of seychelles; a statement of official reserves, clearly identifying the reserves held at the beginning of the financial year by the central bank, the government and the banking section in aggregate, the expected holdings by the central bank, government and banking sector at the end of the financial year and the extent to which the official reserves are expected to be drawn down or increased during the financial year; a statement of the fiscal outcome and effect showing a full abstract of the consolidated fund for the immediately preceding financial year. the estimates of expenditure referred to in clause (1) shall show separatelythe estimates of expenditures required to meet expenditures charged on the consolidated fund; and the sums required to meet other expenditures during the financial year. the heads of expenditures referred to in clause (4)(b) shall be included in a bill, to be known as the appropriation bill, which shall be introduced in the national assembly to provide for appropriation from the consolidated fund of the sums of money necessary to meet the expenditures. where, in respect of any financial year, it is foundthat the amount appropriated by the appropriation act for any purpose is insufficient or that a need has arisen for expenditure for a purpose for which no amount has been appropriated by that act; or that any moneys have been expended for any purpose in excess of the amount appropriated for that purpose by that act or for a purpose for which no amount has been appropriated by that act, a supplementary estimate, showing the sum of money required or spent, shall be laid before the national assembly. where, in respect of any financial year, a supplementary estimate laid before the national assembly in accordance with clause (6) has been approved by resolution by the national assembly, a supplementary appropriation bill shall be introduced in the assembly in the financial year next following the year to which the estimate relates, providing for the appropriation of the sums so approved for the purposes specified in that estimate. the minister shall, after approval by the cabinet and within ninety-one days after the end of each financial year, provide to the national assembly in respect of that yearfull details of all accounts maintained in respect of the consolidated fund showing amounts actually received and spent in that year; statements of fiscal outcome and effect showing separately actual components of fiscal outcome, position and effect, and, in the case of fiscal effect, separate disclosure shall be made of actual additional borrowings, movements in cash balances, of the central bank of seychelles and other bank and non-bank borrowings; a statement of actual outstanding debt at the end of the financial year showing separately bilateral, multilateral, institutional, foreign and domestic debt, type and aggregate amounts of debt instruments outstanding and in the case of new or restructured debt or debt in default, a separate disclosure giving full details thereof; statements of outstanding guarantees given by government and the central bank of seychelles showing separately guarantees that have been renewed, new guarantees given and guarantees that have been called up and, details of such guarantees together with a statement of guarantees that have expired during the financial year. a statement of actual official reserves identifying those held by the central bank of seychelles and there shall be shown separately the extent to which those reserves are borrowed or encumbered in any way; as far as is practicable, a statement of assets and liabilities of the government at the end of the financial year; and such other statements as the minister may think fit. for the purposes of this chapter, "financial year" means any period of twelve months beginning on 1st january in any year or any other date as may be prescribed by or under an act; "minister" means the minister responsible for finance and includes the vice-president where the vice-president is responsible for the ministry or department of finance. where the appropriation act in respect of any financial year has not come into operation by the beginning of the financial year, the national assembly by resolution may authorise the withdrawal of moneys from consolidated fund for the purpose of meeting expenditure necessary to carry on the service of the government until the expiration of four months from the beginning of the financial year or the coming into operation of that appropriation act, whichever is the earlier. 156 provision may be made in an act for the establishment of a contingencies fund and for authorizing the minister, if the minister is satisfied that there is an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from that fund to meet that need. where any advance is made from the contingencies fund, a supplementary estimate shall, as soon as is practicable, be laid before the national assembly for the purpose of authorizing the replacement of the amount so advanced. an act may provide for establishment of other funds for any purpose specified in the act. 157 subject to this article, no taxation shall be imposed or altered except by or under an act. an act may make provision under which the president or a minister may by order provide that on or after the publication of a bill, being a bill approved by the president, that it is proposed to introduce in the national assembly providing for the imposition or alteration or taxation, such provisions of the bill as may be specified in the order shall, until the bill becomes law, have the force of law for such period and subject to such conditions as may be prescribed by an act. an order made under clause (2) shall, unless sooner revoked, cease to have effectif the bill to which it relates is not passed within such period from the date of its first reading in the national assembly as may be prescribed by an act; if, after the introduction of the bill to which it relates, the national assembly is dissolved; or at the expiration of a period of four months from the date the order came into operation, or such longer period from that date as may be specified in any resolution passed by the national assembly, after the bill to which it relates has been introduced. 158 there shall be an auditor-general who shall be appointed by the president from candidates proposed by the constitutional appointment authority. a person shall not be appointed auditor-general unless the person has not less than seven years experience as an auditor or qualified accountant. the accounts of the cabinet office, the national assembly, all government departments and offices, all courts and those related to moneys withdrawn from the consolidated fund, all the accounts of any statutory corporation or such other body as may be specified by or under an act shall be audited and reported on by the auditor-general to the national assembly and for that purpose the auditor-general or any person authorised or appointed in that behalf by the auditor-general shall have access to all books, records, returns, information and other documents relating or relevant to those accounts. the public accounts of seychelles and of all other persons or bodies referred to in clause (3) shall be kept in such form as the auditor-general shall approve. the auditor-general shall, within twelve months of the end of the immediately preceding financial year, submit the report referred to in clause (3) to the national assembly and shall in that report draw attention to irregularities in the accounts audited and to any other matter which in the opinion of the auditor-general ought to be brought to the notice of the assembly. the finance and public accounts committee of the national assembly shall consider the report of the auditor general and, for that purpose, may summon before the committee any person who, in the opinion of the committee, may assist the committee in its consideration of the report. the auditor-general shall, in the performance of the functions of the office of auditor-general, not be subject to the direction or control of any other person or authority, but the president or the national assembly may request the auditor general in the public interest, to audit at any particular time, the accounts of any persons or bodies referred to in clause (3) the auditor-general shall be appointed for a term of seven years but is eligible for reappointment at the end of a term of office. the salary, allowances, gratuity or pension payable to the auditorgeneral shall be provided for by or under an act and shall be a charge on the consolidated fund. the act referred to in clause (9) may provide for other conditions of service of the auditor -general. subject to article 165, the term and other conditions of service of the auditor-general shall not be altered to the disadvantage of the auditor-general after appointment. chapter xiii. the police force 159 there shall be a police force of seychelles. subject to this constitution and any other law, the police force shall be organized and administered in such manner as may be provided for by or under an act. 160 the police force shall be commanded by the commissioner of police who shall be appointed by the president subject to approval by the national assembly. nothing in this article shall be construed as precluding the assignment to a ministry or department of government of responsibility for the organisation, maintenance and administration of the police force, but the commissioner of police shall be responsible for determining the use, and controlling the operations of the force in accordance with law. the functions of the police areto maintain law and order in and preserve the internal security of seychelles and any other area over which the republic has proclaimed its jurisdiction; to prevent and detect crime in seychelles and over any other area over which the republic has proclaimed its jurisdiction; and to perform such other functions as may be prescribed by an act. chapter xiv. defence forces 162 there shall be the defence forces of seychelles. the president shall be the commander-in-chief of the defence forces. subject to this constitution, the defence forces shall be organized and administered in such manner as may be provided for by or under an act and the act may, in particular, provide for charges of indiscipline and other offences among members of the defence forces to be investigated, prosecuted and punished. 163 the functions of the defence forces areto defend seychelles and any other area over which the republic has proclaimed its jurisdiction; to assist in the fulfilment by the republic of its international obligations; during a period of emergency, to provide assistance to civil authorities in a civil disaster; or in the restoration and maintenance of public order and security on being called out by the president, in seychelles or in any other area over which the republic has proclaimed its jurisdiction; and to perform as directed by the president functions and services of a civil nature so as to participate to maximum extent in the task of national development and improvement, in accordance with or under an act. in this article "period of emergency" means a period of public emergency in terms of article 49. chapter xv. miscellaneous 164 an act shall provide for the holding of a referendum for the purposes of this constitution or any other purpose or any circumstance prescribed by the act. an act referred to in clause (1) may provide for all matters necessary for the purpose of ensuring an effective and fair referendum. 165 this article applies to the attorney-general, the auditor-general, the members of the electoral commission and the ombudsman. any officer to whom this article applies may be removed from office onlyfor inability to perform the functions of the office, whether arising from infirmity of body or mind or from any other cause, or for misbehaviour; and in accordance with clauses (3) and (4). where the constitutional appointments authority considers that the question of removing any officer to whom this article applies ought to be investigatedthe authority shall appoint a tribunal consisting of a president and not less than two other members all selected from among persons who hold or have held office as a judge of a court having unlimited original jurisdiction or a court having jurisdiction in appeals from such a court or are eminent jurists of proven integrity; and the tribunal shall inquire into the matter, report on the facts thereof and recommend to the president whether or not the officer ought to be removed from office. where under clause (3), a tribunal recommends that an officer to whom this article applies ought to be removed from office, the president shall remove the officer from office. where under this article the question of removing an officer to whom the article applies has been referred to a tribunal, the president may suspend the officer from performing the functions of the office but the suspension shall cease to have effect if the tribunal recommends to the president that the officer ought not to be removed from office. 166 a member of the constitutional appointments authority or a member of the public service appeal board, in this article referred to as a "commissioner", may be removed from office onlyfor inability to perform the functions of the office, whether arising from infirmity of body or mind or from any other cause or for misbehaviour; and in accordance with clauses (2) and (3). a commissioner shall be removed from office by the president where the question of the removal of the commissioner from office has been referred to a tribunal appointed under clause (3) and the tribunal has recommended to the president that the commissioner ought to be removed from office. where a resolution is passed by the votes of the majority of the members of the national assembly that the question of removing a commissioner ought to be investigated the speaker shall appoint a tribunal consisting of a president and not less than two other members all selected from persons who have held office as a judge of a court having unlimited original jurisdiction or a court having jurisdiction in appeals from such a court or are eminent jurists of proven integrity; and the tribunal shall inquire into the matter and report on the facts thereof and recommend to the president whether the commissioner ought to be removed from office. where under this article the question of removing a commissioner has been referred to a tribunal, the president may suspend the commissioner from performing the functions of the office but the suspension shall cease to have effect if the tribunal recommends to the president that the commissioner ought not to be removed from office. 167 a law may, for the purpose of facilitating the administrative functions of the state in respect of its social and economic undertakings contained in chapter iii, provide for the division of seychelles into such number of units which shall bear such name as the law may specify. a law referred to in clause (1) may provide for the composition and the functions of the units and for all other matters necessary to give effect to the provisions of that clause. 168 the state shall ensure that all broadcasting media which it owns or controls or which receive a contribution from the public fund are so constituted and managed that they may operate independently of the state and of the political or other influence of other bodies, persons or political parties. for the purposes of clause (1), the broadcasting media referred to in that clause shall, subject to this constitution and any other law, afford opportunities and facilities for the presentation of divergent views. 'schedule 6' shall have effect with regard to the oath of allegiance and the presidential oath under this constitution and a law may provide for any other oath required under this constitution. chapter xvi. transitional provisions the transitional provisions specified in schedule 7 shall have effect notwithstanding anything to the contrary in this constitution or in the constitution of seychelles (preparation and promulgation) act, 1992. schedule 1 part i. islands of the seychelles archipelago granitic islands mahe praslin la digue ste. anne ile au cerf ile longue ile moyenne ile ronde grand rocher ile cachee ile seche ile anonyme ile hodoul ile aux rats ile aux souris ile therese conception l'islette chauve souris (mahã©) ile aux vaches marines l'ilot cousin cousine curieuse ile ronde (praslin) chauve-souris (praslin) ile aux fous st. pierre (praslin) ile aride zave fã©licitã© marianne grande soeur petite soeur ile aux cocos ile la fouche silhouette ile du nord mamelles ile aux rã©cifs fregate l'ilot (fregate) coralline islands ile aux vaches (bird island) ile denis ile plate coã«tivy amirantes group: rã©mire d'arros desroches etoile boudeuse marie-louise desnoeufs african banks: bancs africains ile du sud st. joseph's atoll: st joseph ile aux fouquets ressource petit carcassaye grand carcassaye benjamin bancs ferrari chiens pã©licans vars ile paul banc de sable bancs aux cocos ile aux poules poivre atoll: poivre florentin ile du sud alphonse and st.franã§ois atolls: alphonse bijoutier st. franã§ois farquar group: farquar atoll: ile du nord ile du sud manahas nord manahas milieu manahas sud ile aux goã«lettes lapins ile du milieu dã©posã©s bancs de sable providence atoli: providence bancs providence st pierre aldabra group: aldabra atoll: grande terre picard polymnie malabar ile michel ile esprit ile aux moustiques ilot parc ilot emile ilot yangue ilot magnan ile lanier champignon des os euphrate grande mentor grand ilot gros ilot gionnet gros ilot sã©same heron rock hide island ile aux aigrettes ile aux cedres iles chalands ile fangame ile heron ile michel ile suacco ile sylvestre ile verte ilot deder ilot du sud ilot du milieu ilot du nord ilot dubois ilot macoa ilot marquoix ilots niã§ois ilot salade middle row island noddy rock north row island petit mentor petit mentor endans petits ilots pink rock table ronde cosmoledo atoll: menai ile du nord ile nord-est ile du trou goã«lettes grand polyte petit polyte grand ile (wizard) pagode ile du sud-ouest ile aux moustiques ile baleine ile aux chauve-souris ile aux macaques ile aux rats ile du nord-ouest ile observation ile sud-est ilot la croix astove assomption part ii. inner and outer islands inner islands la digue fã©licitã© marianne grande soeur petite soeur ile aux cocos ile la fouche silhouette ile du nord mamelles ile aux recifs frã©gate l'ilot (frã©gate) ile aux vaches (bird island) outer islands ile plate coetivy amirantes group: rã©mire d'arros desroches etoile boudeuse marie-louise desnoeufs african banks: bancs africains ile du sud st. joseph's atoll: st joseph ile aux fouquets ressource petit carcassaye grand carcassaye benjamin bancs ferrari chiens pã©licans vars ile paul banc de sable bancs aux cocos ile aux poules poivre atoll: poivre florentin ile du sud alphonse and st.franã�ois atolls: alphonse bijoutier st franã�ois farquhar group: farquhar atoll: ile du nord ile du sud manahas nord manahas milieu manahas sud ile aux go"lettes lapins ile du milieu dã©posã©s bancs de sable providence atoll: providence bancs providence st.pierre aldabra group: aldabra atoll: grande terre picard polymnie malabar ile michel ile esprit ile aux moustiques ilot parc ile emile ilot yangue ilot magnan ile lanier champignon des os euphrate grande mentor grand ilot gros ilot gionnet gros ilot sã©same heron rock hide island ile aux aigrettes ile aux cedres iles chalands ile fangame ile hã©ron ile michel ile suacco ile sylvestre ile verte ilot dã©der ilot du sud ilot du milieu ilot du nord ilot dubois ilot macoa ilot marquoix ilots niã�ois ilot salade middle row island noddy rock north row island petit mentor petit mentor endans petit ilots pink rock table ronde cosmoledo atoll: menai ile du nord ile nord-est ile du trou go"lettes grand polyte petit polyte grand ile (wizard) pagode ile du sud-ouest ile aux moustiques ile baleine ile aux chauvesouris ile aux macaques ile aux rats ile du nord-ouest ile observation ile sud-est ilot la croix astove assomption schedule 2. principles of interpretation 1 in this constitution, unless the context otherwise requires"act" means a law made pursuant to article 86; "consolidated fund" means the fund by that name established by article 151; "court" means a court of competent jurisdiction established by or under the authority of this constitution; "designated minister" means the minister designated under article 75; "directly elected member" means a member of national assembly such as is referred to in article 78 (a); "electoral commission" or commission" means the electoral commission established under article 115; "financial year" means the period of twelve months beginning on the first day of january in any year, or on such other day as may be prescribed by an act; "functions" includes powers and duties; "the gazette" means such publication as may for the time being be appointed by the president to be the publication in which government notices are published by authority, and includes any statements thereto in which government notices are published; "independence day" means the 29th day of june, 1976; "the inner and outer islands" means the islands described as such in part ii of schedule 1; "judge" means the chief justice or a puisne judge; "justice of appeal" means a justice of the court of appeal established by article 120; "law" includes any instrument that has the force of law and any unwritten rule of law; "member" means a member of the national assembly; "national assembly", "assembly" means the national assembly established by this constitution; "oath of allegiance" means the oath of allegiance prescribed in this constitution; "person" includes any company or association or body of persons whether corporate or unincorporate; "political party" means a party registered as such in the manner prescribed by or under an act; "prescribed" means prescribed by law; "proportionately elected member" means a member such as is referred to in article 78 (b); "public authority" means a ministry, department, division or agency of the government or a statutory corporation or a limited liability company which is directly or ultimately under the control of the government or any other body which is carrying out a governmental function or service or a body or person specified by an act; "public office" means an office of emolument in the public service; "public officer" means, subject to paragraph 4, a person holding or acting in a public office; "the public service" means, subject to paragraph 4, the service of the government of seychelles in a civil capacity; "speaker" means the speaker of the national assembly; "standing orders" means the rules of practice and procedure of the national assembly made under article 101; "subordinate court" means any court other thanthe court of appeal; or the supreme court. unless the context otherwise requires, where an expression is defined in this schedule or otherwise in this constitution then, for that purpose, all grammatical variations and cognate and related expressions shall be understood in the same sense. in this constitution, unless the context otherwise requires, words in the singular shall include the plural and words in the plural shall include the singular. in this constitution, unless the context otherwise requires references to the functions of the office of the president shall be construed as references to the powers and duties of the president in the exercise of the executive power of the republic and to any other powers or duties conferred or imposed on the president by or under this constitution or any other law; and a reference to the holder of an office by the term designated the office shall be construed as including a reference to any person acting in that office or, to the extent of the authority of the holder of the office, otherwise performing the functions of that office. 4 for the purposes of this constitution, a person shall not be considered as holding office in the public service by reason only of the fact that the person is in receipt of a pension or other like allowance in respect of service under the republic or any former government of seychelles. if it is provided in any law that an office is not to be regarded as a public office for the purposes of this constitution, a person shall not be regarded as holding, or acting in, a public office for those purposes by reason only that the person holds or is acting in, that office. where no time is prescribed or allowed within which an act is required or permitted by this constitution to be done, the act shall or may be done, as the case may be, with all convenient speed and as often as the occasion requires. for the purpose of this constitution, a person attains a certain age at the first moment of the relevant anniversary of the birth of that person. 7 where this constitution confers a power or imposes a duty, the power may be exercised, or the duty shall be performed, as the case may be, from time to time as occasion requires. where this constitution confers a power or imposes a duty on the holder of an office as such, the power may be exercised, or the duty shall be performed, as the case may be, by the holder (whether substantive or other) for the time being of the office. subject to subparagraph (5), where this constitution confers a power to make an appointment, the power includes power to remove or suspend a person so appointed and to appoint another person temporarily in the place of a person so removed or suspended or, where the appointee is for any reason unable or unavailable to perform the duties for which the person was appointed, to appoint another person temporarily in the place of the appointee. where this constitution confers, a power to make any statutory instrument, pass any resolution or give any direction, the power includes powers exercisable in the same manner and subject to the same conditions (if any) to amend or revoke the instrument, resolution or direction. the power provided for in subparagraph (3)shall be subject to this constitution; and shall be exercisable subject to any conditions to which the exercise of the original power or appointment was subject. for the purposes of interpretation the provisions of this constitution shall be given their fair and liberal meaning; this constitution shall be read as a whole; and this constitution shall be treated as speaking from time to time. 9 the alteration of any provision of this constitution shall notrevive anything that was not in force or existing immediately before the alteration took effect; affect the previous operation of the altered provision or anything duly done or suffered under it; affect any right, privilege, obligation or liability acquired, accrued or incurred under the altered provision; affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the altered provision; or affect any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment, and any such investigation, legal proceedings or remedy may be instituted, continued or enforced, and the penalty, forfeiture or punishment may be imposed, as if the altered provision had continued in force. in subparagraph (1), the reference to the "alteration of any provision of this constitution" shall be deemed to include a reference to any alteration of the constitution such as is referred to in article 91(3)(b). schedule 3. election of president subject to paragraph 6, the president shall be directly elected by secret ballot by persons entitled to vote under and in accordance with this constitution. 2 a person shall not be a candidate in an election for president unlessthe person submits to the electoral commission on or before the day appointed as nomination day in relation to the election the name of the other person the candidate designate as the candidate's vice-president together with a written consent accepting to be so designated signed by the other person and attested to the satisfaction of the electoral commission by a notary in seychelles and the form provided for this purpose by the electoral commission completed and signed by that person and endorsed to the satisfaction of the electoral commission by such number, as may be prescribed under an act, of other persons who are entitled to vote at the election under and in accordance with this constitution; and the person deposits with the electoral commission, or gives security to the satisfaction of the electoral commission for the payment of such sum as may be prescribed under an act as the amount to be deposited by a person who is a candidate to the election for the office of president. where a person receives less than 5% of the votes cast at the election for the office of president in respect of which the person is standing as a candidate, the person shall forfeit to the republic the sum deposited or in respect of which security was given under subparagraph (1)(b). 3 subject to article 52a(4)(b), a person nominated as candidate for election to the office of president may withdraw the nomination at any time before the day appointed for the election by notice in writing to the electoral commission. a person who, within such period as may be provided by law, withdraws as candidate under subparagraph (1) shall be refunded the deposit or returned the security for the deposit referred to in paragraph 2(1)(b). an election to the office of president shall be held so as to begin -where the president is in office after the beginning of the period of four months ending on the date when the president's term of office expires by the effluxion of time, during the first three months of that period; and in any other case, during the period of three months beginning with the date when the office became vacant or a proclamation under article 52a was made. subject to paragraphs 6 and 7, a person shall not be elected to the office of president unless he has received more than fifty percent of the votes in the election and the necessary number of ballots may, subject to the election being discontinued and recommenced in accordance with an act, be held in accordance with the direction of the electoral commission to achieve that result. where immediately prior to the day appointed for holding an election to the office of president, there is only one candidate for election and that candidate has, since the day immediately following the day of the closing of nominations, been the sole candidate, no ballot shall be held and that candidate shall be declared by the electoral commission to be elected to the office of president. 7 where on the day immediately following the day of closing of nominations for the election of president more than one candidate stand nominated for election and on the day of election only one candidate stands nominated by reason of the withdrawal of nominations of other candidates, or no candidate stands nominated by reason of the withdrawal of nomination of all the candidates, the election shall be postponed and a further period of not less than seven days shall be allowed for nomination of other candidates. where on the day immediately following the day of closing of nominations for the election of president one or more candidates stand nominated for election and one or more of them die at any time before the close of the poll, the election shall be postponed and a further period of not less than seven days from the date of death of the candidate shall be allowed for nomination of other candidates. the election postponed pursuant to subparagraph (1) or (2) shall be held on such date as the electoral commission may decide but, in any case, not later than thirty days of the event specified in those subparagraphs which occurred last and the candidates nominated pursuant to those subparagraphs shall, notwithstanding their withdrawal, be deemed to be the candidates for that election. where at any time between the close of the poll at an election any the declaration of the result of the election a candidate at the election dies the electoral commission shall proceed with the count and declare the result of the election notwithstanding the death of the candidate. 8 where in an election to the office of president three or more candidates take part in any ballot and no candidate receives more than fifty percent of the votes cast, then, if the result of the ballot is that -all the candidates receive the same number of votes; two or more candidates receive, equally, the highest number of votes; one candidate receives the highest number of votes and another candidate receives the second highest number of votes; or one candidate receives the highest number of votes and two or more candidates receive, equally, the second highest number of votes, only the candidates referred to in subparagraph (a), subparagraph (b), subparagraph (c), or subparagraph (d) as the case maybe, shall take part in the subsequent ballot and the other candidates, if any, shall be eliminated. any subsequent ballots referred to in subparagraph (1) shall be held not less than seven days and not more than fourteen days after the immediately preceding ballot. an instrument whichis executed under the hand of the electoral commissioner; and states that the person named in the instrument was duly elected to the office of president, shall be evidence that the person was so elected. schedule 4. legislature: proportionately elected members in this schedule "general election" means a general election under article 79(1); "political party" means a political party which has nominated a candidate in a general election. a political party which has nominated one or more candidates in a general election and has polled in respect of the candidates in aggregate 10% or more of the votes cast at the election may nominate a proportionally elected member for each 10% of the votes polled. for the purposes of this schedule, the electoral commission shall determine whether a political party may nominate any proportionately elected member of the national assembly; and if so, the number of proportionately elected members. a political party which may nominate a proportionately elected member of the national assembly shall, within seven days after the general election, signify in writing to the electoral commission the name of the member and the electoral commission shall as soon as is practicable after receiving all the names of the proportionately elected members under this schedule publish the names in the gazette. schedule 5. ombudsman 1 subject to this schedule, the ombudsman may investigate an action taken by a public authority or the president, vice-president, minister, officer or member of the public authority, being action taken in the exercise of the administrative functions of the public authority in the circumstances specified in subparagraph (2); investigate an allegation of fraud or corruption in connection with the exercise by a person of a function of a public authority. assist an individual complainant in respect of legal proceedings in relation to a contravention of the provisions of the charter; with leave of the court hearing proceedings relating to a contravention of the provisions of the charter, become a party to the proceedings; initiate proceedings relating to the constitutionality of a law or of the provisions of a law. the ombudsman shall investigate an action under sub-paragraph (1) (a) where the ombudsman receives a complaint from a person or body alleging that the complainant has suffered a violation of the complainant's fundamental rights or freedoms under the charter, or an injustice, in consequence of a fault in the administration of a public authority or has been treated harshly or oppressively by the authority or the president, vice-president or a minister, officer or member of the authority in the exercise of the administrative functions of the authority; where the president, vice-president or a minister or member of the national assembly requests the ombudsman to investigate the action on the ground that the person or body specified in the requesthas or may have suffered a violation of the person's or body's fundamental rights for freedoms under the charter, or an injustice, in consequence of a fault in the administration of a public authority or of a fault of the president or vice-president or a minister, officer or member of the authority in the exercise of the administrative functions of the authority; has been treated harshly or oppressively by the authority or the president or vice-president or a minister, officer or member of the authority in the exercise of the administrative functions of the authority,/or on the ground that the practices or patterns of conduct of a public authority or the president or vice-president or a minister, officer or member of the authority in the exercise of the administrative functions of the authority appear to result in injustices or harsh, oppressive or unfair administration; or where the ombudsman considers that it is necessary to investigate the action on the grounds specified in subsubparagraph (b), and an allegation under subparagraph (1) (b). the ombudsman shall not investigate or may discontinue an investigation of a complaint relating to an action referred to in subparagraph (1) (a) or an allegation under subparagraph (1) (b) where it appears to the ombudsman thatthe complaint or allegation is frivolous, vexatious or trivial or not made in good faith; the making of the complaint or allegation has, without reasonable cause, been delayed for more than twelve months; in the case of a complaint relating to subparagraph (1) (a), the complainant does not have sufficient interest in this subject matter of the complaint; in the case of a complaint relating to subparagraph (1) (a), the complainant has or had, by way of remedy under this constitution or any other law, a right of appeal, objection or review on merits and the complainant has not exhausted the remedy, unless the ombudsman believes that in the particular circumstances it is or was not reasonable to expect the complainant to exhaust or to have exhausted the remedy. in this schedule"action" includes a failure to act, an advice or a recommendation; "body" means a body of persons whether corporate or incorporate; "investigation" means an investigation in terms of this schedule; "public authority" means a ministry, a department division or agency of the government or a statutory corporation or a limited liability company which is directly or ultimately under the control of government or any other body which is carrying out a governmental function or service or a person or body specified by an act. a limited liability company of which the government holds not more than forty-nine per centum of its issued share capital shall not, for the purposes of subparagraph(4), be treated to be a limited liability company which is under the direct or ultimate control of the government. the ombudsman shall not investigate an action referred to in paragraph 1 (1) (a)in respect of a subject matter which the president or vice-president or the relevant minister certifies may affect the relation or dealing between the government of seychelles and any other government or international organization, the security of the republic or the investigation of crime; concerning the performance of a judicial function or a justice of appeal, judge or person performing a judicial function; taken with respect or directions to a disciplinary force or a member of the force; or unless the person aggrieved is resident in seychelles or the action was taken in respect of the person aggrieved while the person was present in seychelles or in respect of rights or obligations that arose or accrued in seychelles. subject to this schedule, the ombudsman has the same power as a judge of the supreme court in respect of the attendance of a person before the ombudsman, the examination of any person in relation to an investigation, the production of a document or record relevant to an investigation and inspection of premises relevant to investigation. 4 subject to this paragraph, a person shall not refuse to answer any question or withhold any document, information, record or thing or refuse to make available to the ombudsman any document, information, record or thing or refuse access to the ombudsman to any premises relating to an investigation on the ground that the answering of the question or disclosure of the document, information, record or thing or the granting of access to any premises would be injurious to the public interest, contrary to a law or in breach of a privilege or an obligation, whether contractual or otherwise. where a certificate certifying that the answering of a question, the disclosure of document, information, record or thing, the making available of a document, record or information or thing or the granting of access to any premises would be contrary to public interest is issued bythe presidentbecause it might prejudice the security of the republic or international relations between the government of seychelles and any other government or international organizations; or because it involves the disclosure of the proceedings of the cabinet; the attorney-general because it might prejudice the investigation or detection of crime, the ombudsman shall not require a person to answer the question, disclose the document, information, record or thing, make available the document, information, record or thing or grant access to premises, as the case may be. 5 the ombudsman shall, when carrying out an investigation, act fairly and judicially and shall in particular, afford any public authority or person alleged to have taken or authorised an action or responsible for the administration of the public authority which is the subject of an investigation an opportunity to be heard. subject to subparagraph (1), the ombudsman shall determine the procedures to be followed when conducting an investigation. 6 subject to subparagraph (7), where after an investigation the ombudsman is of the opinion thatthe action which was the subject of the investigationwas contrary to law; was unreasonable, unjust, oppressive or discriminatory; was based on a mistake of facts or a wrongful assessment of facts; was based partly on a mistake of law and facts; was based on an improper exercise of a discretionary power or an exercise of a discretionary power based on irrelevant considerations; was an improper refusal to exercise a discretionary power; was based on an exercise or improper use of authority or power. was in accordance with law but the law is unreasonable, unjust, oppressive or discriminatory; was otherwise, in all circumstances wrong; should be cancelled, varied or given further consideration; or reasons for the action which was the subject of the investigation should have been given; there was unreasonable delay before the decision or action which was the subject of the investigation was taken; there was an omission which needs to be rectified; the law or practice on which the action which is the subject of the investigation is based should be reconsidered; the practice or pattern of conduct of a public authority or the president, vice-president a minister, officer or member of the public authority which is the subject of the investigation is contrary to law or unreasonable, unjust, harsh, oppressive or discriminatory; or the allegation of fraud or corruption is well founded. the ombudsman shall report the opinion and reasons together with any recommendation or remedy the ombudsman considers fit to make to the president, vice-president, minister, officer, member or chief executive officer of the public authority, as the case may be. the ombudsman shall, where the report is not required to be sent to the president, vice-president or minister, send a copy of the report to the president and where relevant to the vice-president and any relevant minister. the ombudsman may specify in the report referred to in subparagraph (1) a time limit within which it is reasonable for the report to be acted upon. where a report submitted under subparagraph (1) is not, in the opinion of the ombudsman, adequately acted uponwithin the time specified in the report; or if no time has been specified, within such reasonable time as the ombudsman is of the opinion is reasonable, the ombudsman may submit the report and recommendation together with such further observations the ombudsman thinks fit to make to the president and the national assembly. the ombudsman shall attach to every report submitted to the president, vice-president and the national assembly under subparagraph (4) a copy of any comments made thereon by or on behalf of the chief executive officer of the public authority concerned or the president, vice-president, minister, officer or member of the public authority, as the case may be. the ombudsman shall not later than the thirty-first january in each year make a general report to the national assembly with a copy to the president on the exercise of the functions of the ombudsman under this constitution during the previous year. 7 for the purposes of the law of defamation, absolute privilege is attached to the publication of any matter by the ombudsman or any other person acting under the authority of the ombudsman. the ombudsman or any other person acting under the authority of the ombudsman shall not be liable for anything done or omitted to be done in good faith in the performance or purported performance of the functions of the ombudsman. schedule 6. oaths oath of allegiance i.......... do swear/solemnly and sincerely declare and affirm/that i will be faithful and bear true allegiance to the constitution of seychelles and that i will preserve, protect and defend the constitution of seychelles. so help me god presidential oath i........ do swear/solemnly and sincerely declare and affirm/that i will faithfully and diligently perform my duties and discharge my functions in the office of president of seychelles, that i will be faithful to the republic of seychelles that i will uphold the constitution and the laws of seychelles, and that i will dedicate my abilities to the service and welfare of the people of seychelles without fear or favour, affection or ill will. so help me god vice-presidential oath i......... do swear/solemnly and sincerely declare and affirm/that i will faithfully and diligently perform my duties and discharge my functions in the office of vice-president, that i will be faithful to the republic of seychelles, that i will uphold the constitution and the laws of seychelles and that i will dedicate my abilities to the service and welfare of the people of seychelles without fear or favour, affection or ill will. so help me god schedule 7. transitional part i. existing officers and offices in this schedule, unless the context otherwise requires"constitution act" means the constitution of the republic of seychelles (preparation and promulgation) act, 1992; "director of elections" means the person holding office as chairman of the constitutional commission immediately before the date of coming into force of this constitution; "existing constitution" means the constitution contained in the schedule to the constitution of the republic of seychelles decree, 1979; "existing law" means a law having effect as part of the laws of seychelles immediately before the date of coming into force of this constitution; "first assembly election" means the first general election to elect members of the national assembly under this constitution; "first presidential election" means the election of the first president of seychelles under this constitution; "the regulations" means regulations made under paragraph 9 (2) 2 except where it is otherwise inconsistent with this constitution and subject to subparagraph (2), an existing law shall continue in force on and after the date of coming into force of this constitution. the termination of pregnancy act, 1981 shall unless sooner repealed, cease to have effect twelve months after the date of coming into force of this constitution. where any matter that falls to be prescribed or otherwise provided for under or for the purposes of this constitution by or under a written law is prescribed or provided for by or under an existing law, the prescription or provision has, as from the date of coming into force of this constitution, effect as if it has been prescribed or provided for under or for the purposes of this constitution by or under a written law enacted pursuant to this constitution. the president may, by order made at any time before 31st december, 1995, make such amendments to any existing law as may appear to the president to be necessary or expedient for bringing that law into conformity with this constitution or otherwise for giving effect or enabling effect to be given to this constitution. the state shall, within twelve months of the coming into force of this constitution, bring the seychelles broadcasting corporation act, 1992 into conformity with article 168(6) an existing law which prescribes any matter required to be prescribed under article 3 or any law enacted for this purpose shall reflect national unity and the spirit of the preamble of this constitution. 3 any court or tribunal existing immediately before the date of coming into force of this constitution shall be deemed to be the corresponding court or tribunal established under this constitution. proceedings that, immediately before the date of coming into force of this constitution, are pending before any court or tribunal, may be continued and concluded on and after the date of coming into force of this constitution before the corresponding court or tribunal established by or under this constitution or any written law made thereunder. a decision given before the date of coming into force of this constitution shall, for the purpose of an appeal from the decision or of its execution, have effect on and after the date of coming into force of this constitution as if it were a decision of the corresponding court or tribunal established by or under this constitution. 4 with effect from the date of coming into force of this constitution up to immediately before the assumption of office of president under this constitution the person who performed the functions of the office of president under the existing constitution shall, so fare as is consistent with this constitution, perform the functions of the office of president under this constitution as if the person had been elected under or in accordance with this constitution and had taken the oath of allegiance and any other necessary oath under this constitution. with effect from the date of the coming into force of this constitution up to immediately before the assumption of office of a minister under this constitution the person who performed the functions corresponding to that of the minister under the existing constitution shall, so far as is consistent with this constitution and had taken the oath of allegiance and any other necessary oath under this constitution. with effect from the date of the coming into force of this constitution up to immediately before the election under or in accordance with this constitution of the members of the national assembly, the persons elected or nominated as constitution shall, so far as is consistent with this constitution continue to perform the functions of their office as if they had been elected under or in accordance with this constitution and had taken the oath of allegiance and any other necessary oath under this constitution. 6 subject to this paragraph and so far as it is not inconsistent with this constitution, a person who immediately before the date of the coming into force of this constitution was performing the functions ofan office established by or under the existing constitution, not being an office referred to in paragraph 4 or paragraph 5, and this constitution establishes a similar or equivalent office; any other office, not being an office referred to in paragraph 4 or paragraph 5, established by or under any written law or in the services of the government, shall continue to perform the functions of the office, after the date of coming into force of this constitution, under this constitution, existing law continued under paragraph 2 or the government, as the case may be, and shall be deemed to have taken the oath of allegiance or any other necessary oath under this constitution or existing law continued under paragraph 2. a person who, under the existing constitution or an existing law, would have been required to vacate the person's office at the expiration of a specified period or on the attainment of a special age shall vacate the office at the expiration of the specified period or upon attainment of the specified age. where the appropriation act in respect of the financial year commencing on the first day of january immediately following the date of coming into force of this constitution has not come into operation, the president may authorize the withdrawal of moneys from the consolidated fund for the purposes of meeting expenditure necessary to carry on the services of the government until the expiration of four months from the beginning of the financial year or the coming into operation of the appropriation act for that financial year, whichever is the earlier. part ii. first elections and first sittings of the national assembly 8 the director of elections shall, by notice in the gazette, appoint the date or dates which shall be or, as the case may be, the first of which shall be, not later than five weeks after the date of coming into force of this constitution, on which the first presidential election and the first assembly election shall be held. subject to subparagraph (3), the director of elections may appoint different dates for the holding of the first presidential election and the first assembly election, and for the holding of the first presidential election and the first assembly election in different electoral areas. the first presidential election and the first assembly election shall be held simultaneously and, to this end, the two elections shall begin on the same day. 9 for the purposes of the first presidential election and the first assembly election any matter other than a matter provided for in this schedule, which may be prescribed or provided for by or under an act may be prescribed or provided for by the regulations. subject to this schedule, the director of elections may make regulations with respect to the holding and conduct of the first presidential election and the first assembly election. 10 for the purposes of the first presidential election and the first assembly electionparagraphs 6 and 7 of schedule 1 of the constitution act shall apply with respect to the qualification for registration as a voter, and the qualification to vote, at the elections; seychelles shall consist of twenty-two electoral areas made up of nineteen electoral areas on mahe, two electoral areas on praslin and the islands of la digue, fã©licitã©, marianne, grande soeur, petite soeur, ile aux cocos, ile la fouche, sihouette, mamelles, ile du nord, frã©gate, denis, ile aux vaches (bird island) and l'ilot (frã©gate) shall constitute one electoral area; the boundaries of the electoral areas on mahe and praslin shall be those of the electoral areas which existed on mahe and praslin immediately prior to the coming into force of this constitution; a person who at the time of the amendment of the registers of voters under subsubparagraph (f) is residing on an outer island, as listed in part ii of schedule 1 of this constitution, shall be treated as residing in the electoral area in which the person resided prior to residing on the outer island; a person who at the time of the election is residing on an outer island, as listed in part ii of schedule 1 of this constitution, shall vote in the electoral area in which the person is registered. each register of voters prepared under schedule 4 of the constitution ach shall, subject to any amendment for the purposes of subsubparagraph (a) or subsubparagraph (b) or for any other purpose made thereto pursuant to this part and the regulations, be the register of voters. schedule 3 of this constitution shall, subject to such modifications, adaptations, qualifications and exceptions as may be necessary, apply for the purpose of the first presidential election. there shall be twenty-two directly elected members being one elected member for each electoral area, and eleven proportionately elected members of the first national assembly. schedule 4 of this constitution shall, subject to such modifications, adaptations, qualifications and exceptions as may be necessary apply for the purpose of nominating the eleven proportionately elected members of the first national assembly. 11 the director of elections shall supervise and shall have general responsibility for the conduct of the first presidential election and the first assembly election. the director of elections shall, for the purpose of conducting the first presidential election and the first assembly election, appoint a chief registration officer and chief electoral officer and such member of registration officers, electoral officers, assistant registration officers and assistant electoral officers as the director thinks fit. a person appointed pursuant to subparagraph (2) shall have such powers, and shall comply with such requirements, as may be prescribed in the regulations. in the exercise of the functions of the director of elections under this paragraph or the regulations, the director of elections shall not be subject to the direction or control of any person or authority. the director of elections shall discharge the functions of the electoral commissioner in respect of the matters which may be prescribed by an act made under article 118 and may, for this purpose make regulations in respect thereof for the purposes of the first presidential election and first assembly election. the first meeting of the first session of the national assembly after the first national assembly election shall, until the speaker is elected, be presided over by the eldest member of the assembly present at the meeting. the standing orders of the people's assembly established by the existing constitution shall, until it is otherwise provided pursuant to article 101 of this constitution, be the standing orders of the national assembly, but shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring those standing orders into conformity with this constitution. part iii. compensation for past land acquisitions 14 the state undertakes to continue to consider all applications made during the period of twelve months from the date of coming into force of this constitution by a person whose land was compulsorily acquired under the lands acquisition act, 1977 during the period starting june, 1977 and ending on the date of coming into force of this constitution and to negotiate in good faith with the person with a view towhere on the date of the receipt of the application the land has not been developed or there is no government plan to develop it, transferring back the land to the person; where there is a government plan to develop the land and the person from whom the land was acquired satisfies the government that the person will implement the plan or a similar plan, transferring the land back to the person; where the land cannot be transferred back under subsubparagraphs(a) or subsubparagraph (b) as full compensation for the land acquired, transferring to the person another parcel of land of corresponding value to the land acquired; paying the person full monetary compensation for the land acquired; or as full compensation for the land acquired, devising a scheme of compensation combining items (i) and (ii) up to the value of the land acquired. for the purpose of subparagraph (1), the value of the land acquired shall be the market value of the land at the time of coming into force of this constitution or such other value as may be agreed to between the government and the person whose land has been acquired. no interest on compensation paid under this paragraph shall be due in respect of the land acquired but government may, in special circumstances, pay such interest as it thinks just in the circumstances. where the person eligible to make an application or to receive compensation under this paragraph is dead, the application may be made or the compensation may be paid to the legal representative of that person. part iv. transitional provisions under the fourth amendment on the coming into operation of the constitution of the republic of seychelles (fourth amendment) act, 1996the minister who immediately before the coming into operation of this act was the minister designated first in the order of preference shall become, subject to subsection (2) hold office as and perform the function of vice president in accordance with the constitution; the minister who immediately before the coming into operation of this act was the minister designated second in the order of preference shall become, subject to subsection (2) hold office as and perform the function of designated minister in accordance with the constitution. on the resignation of the presidentthe person who becomes vice-president as a result of the operation of subsection (1) shall not assume the office of president under article 55(1); the functions of the president shall be discharged by the incumbent president until the election of the president but the incumbent president shall not have power to revoke the appointment of a minister or invoke article 110. until the enactment of the act under article 66a (13) the person who becomes vice-president as a result of the operation of this section shall continue to receive the salary, allowance and gratuity the person was receiving as minister designated first in the order of preference immediately before becoming vice president. the period which the person who becomes vice-president under subsection (1) (a) serves as vice-president pursuant to that subsection shall not be counted for the purposes of article 66a (7). chapter i the principality the public powers art 1 the principality of monaco is a sovereign and independent state within the framework of the general principles of international law and of the particular conventions with france. the territory of the principality is unalienable. art 2 the principle of government is the hereditary and constitutional monarchy. the principality is a state under the rule of law, committed to fundamental freedoms and rights. art 3 the executive power is exercised by the highest authority of the prince. the prince's persona is inviolable. art 4 the legislative power is jointly exercised by the prince and the national council. art 5 the judiciary power is exercised by the courts and tribunals. art 6 the separation of the administrative, legislative and judiciary functions is guaranteed. art 7 the prince's standard consists of the coat of arms of the house of grimaldi upon a white ground. the national flag consists of two equal stripes, red and white, arranged horizontally, the red in the upper part, the white in the lower part. the use of these standard and flag is governed by the provisions of the sovereign ordinance dated april 4th, 1881. art 8 the french language is the official language of the state. art 9 the catholic, apostolic and roman religion is the religion of the state. chapter ii. the prince, the demise of the crown art 10 the succession to the throne, opened by death or by abdication, takes place by the direct and legitimate issue of the reigning prince, by order of primogeniture with priority given to males within the same degree of kinship. in the absence of direct legitimate issue, the succession passes to the brothers and sisters of the reigning prince and their direct legitimate descendants, by order of primogeniture with priority given to males within the same degree of kinship. if the heir, who would have acceded by virtue of the preceding paragraphs is deceased or renounced the throne before the succession became open, the succession passes to his own direct legitimate descendants by order of primogeniture with priority given to males within the same degree of kinship. if the application of the preceding paragraphs does not fill the vacancy of the throne, the succession passes to a collateral heir appointed by the crown council upon same advice of the regency council. the powers of the prince are temporarily held by the regency council. the throne can only pass to a person holding monegasque citizenship on the day the succession opens. the procedures of application of this article are set, as needed, by the house laws of the sovereign family promulgated by sovereign ordinance. art 11 the prince can exercise his sovereign powers if he has reached his adult hood fixed at the age of eighteen. during the prince's adolescence or in case the prince is unable to exercise his functions, the organisation and conditions of exercise of the regency are provided for by the house laws of the sovereign family. art 12 the prince exercises his sovereign authority in full compliance with the provisions of the constitution and laws. art 13 the prince represents the principality in its relations with foreign powers. art 14 after consulting the crown council the prince signs and ratifies treaties and in international convention. he acquaints the national council through the minister of state with them before their ratification. however, the following treaties must be ratified in pursuance of a law: treaties and international agreements affecting the organisation of the constitution treaties and international agreements the ratification of which entails the modification of the existing legal provisions treaties and international agreements which entail the principality’s adhesion to an international organisation the functioning of which implies the participation of the national council’s members treaties and international organisations the implementation of which results in a budget expenditure pertinent to expenditure type or use, which is not provided by the budget act the principality’s external policy is accounted for in an annual report prepared by the government and notified to the national council. art 15 after consulting the crown council, the prince exercises the right to pardon and amnesty as well as the right of naturalization and restoration of nationality. art 16 the prince confers orders, titles and other distinctions. chapter iii. fundamental freedoms and rights art 17 all monegasques are equal before the law. there is no privilege among them. art 18 the circumstances in which monegasque nationality may be acquired are laid down by law. the circumstances in which a person who has acquired monegasque nationality by naturalization may be deprived of it are laid down in the law. loss of monegasque nationality in any other circumstance may occur only, as prescribed by law, further to the intentional acquisition of another nationality or of service unlawfully carried out in a foreign army. art 19 individual freedom and security are guaranteed. no one may be prosecuted except in cases provided for by law, before legally appointed judges and in the manner prescribed by law. apart from cases of flagrant offence, an arrest may be carried out only pursuant to the well-founded order of the judge, which must be notified at the arrest or at the latest within twenty-four hours. any detention must be preceded by an examination. art 20 no penalty may be introduced or applied except by law. criminal law must ensure respect for individual personality and dignity. no one may be subjected to cruel, inhuman or degrading treatment. death penalty is abolished. criminal law cannot have any retroactive effect. art 21 the domicile is inviolable. no entry and search in the domicile can take place except in cases and in the manner prescribed by law. art 22 every individual has the right for respect of private and family life and confidentiality of correspondence. art 23 freedom of religion and of public worship, and freedom to express one’s opinions in all matters, is guaranteed, subject to the right to prosecute any offences committed in the exercise of the said freedoms. no one may be compelled to participate in the rites or ceremonies of any religion or to observe its days of rest. art 24 property is inviolable. no one may be deprived of property except for public benefit as established by law, and upon a fair, settled and paid compensation in the circumstances and manner specified by law. art 25 freedom of work is guaranteed. its practice is determined by law. priority is granted to monegasques for the obtainment of public and private positions in the circumstances prescribed by law or international conventions. art 26 monegasques are entitled to the assistance of the state in the event of destitution, unemployment, sickness, handicap, old age and maternity in the circumstances and manner laid down by law. art 27 monegasques are entitled to free primary and secondary education. art 28 every person may defend the rights and interests of his/her occupation and function through a trade-union action. the right to strike is recognized, subject to regulation of law. art 29 monegasques have the right to assemble peacefully and without arms in accordance with the laws that may regulate the exercise of this right without subjecting it to prior authorization. this freedom does not extend to open-air meetings, which remain subject to police laws. art 30 freedom of association is guaranteed, subject to regulation of law. art 31 anyone may address petitions to the public authorities. art 32 foreigners enjoy all public and private rights in the principality that are not formally reserved to nationals. chapter iv. public domain, public finance art 33 public domain is unalienable and imprescriptible. a public domain property may be closed down or change purpose only if pronounced by law. law may allocate decommissioned property to the state or commune's public domain, as the case may be. public domain’s consistency and regime are determined by law. art 34 the crown’s property is submitted to the sovereignty's exercise. they are unalienable and imprescriptible. its consistency and regime are determined by the house laws at the sovereign family. art 35 real estate property and rights pertinent to private state held property are transferable only in accordance with the law. the law gives authorisation to sell a part of the business capital of which at least fifty per cent is held by the state, thereby transferring the majority of this capital to one or more physical person or private law legal persons. art 36 all vacant and ownerless property belongs to the private state domain. art 37 the national budget comprises all public revenue and public expenditure of the principality. art 38 the national budget expresses the principality’s economic and financial policy. art 39 budget is subject to a budget bill. it is voted and promulgated in the form of a law. art 40 the sovereign household’s expenses and those of the prince palace are determined by budget law and withdrawn in priority from the budget’s general public revenue. art 41 the revenue surplus over expenditure, established after budget implementation and year end closing of accounts, is credited to a constitutional reserve fund. the excess of expenditure over revenue provides cover withdrawing from the same account, after enactment of the relevant law. art 42 control of financial management is ensured by a higher audit commission. chapter v. the government art 43 government is exercised, under the gracious authority of the prince, by a minister of state, assisted by a government council. art 44 the minister of state represents the prince. he oversees the executive services. he has the police force at his command. he chairs the government council with a casting vote. art 45 sovereign ordinances are debated in the government council. they are presented to the prince with the minister of state's signature; they mention the relevant proceedings. they are signed by the prince; the prince's signature makes them enforceable. art 46 sovereign ordinances, which are excluded from debate in the government council and presentation to the minister of state, pertain to: the house laws of the sovereign family and these of its members the affairs of the direction of the judicial department the appointment of members of the sovereign household, the diplomatic and consular corps, the minister of state, the government councillors and assimilated civil servants, the magistrates in the judiciary the issue of exequatur to consuls the dissolution of the national council the granting of honour titles art 47 ministerial decrees are debated during the government council and signed by the minister of state; they mention the relevant proceedings. they are notified to the prince within twenty-four hours after signature and become enforceable only in the absence of the princes formal opposition within ten days after the minister of state’s notification. however, the prince may let the minister of state know he does not intend on exercising his right of opposition for some decrees or types of decrees. these are thereby enforceable as soon as they are signed by the minister of state. art 48 unless law provides otherwise, distribution of subject matters between sovereign ordinances and ministerial decrees is determined by sovereign ordinance. art 49 government councils proceedings are subject to minutes put on record in a special register and signed, after the vote, by the present members. the minutes mention each members vote. within five days after the meeting, they are notified to the prince who can lodge an opposition under the conditions provided by the above article 47. art 50 the minister of state and government councillors are accountable to the prince for the principality’s administration. art 51 civil servants’ obligations, rights and fundamental guarantees, as well as their civil liability and criminal responsibility are laid down by law. chapter vi. the state council art 52 the state council is in charge of advising on draft legislation and ordinances, which the prince submitted for their perusal. it can also be consulted on any other draft instrument. its organisation and operations are prescribed by sovereign ordinance. chapter vii. the national council art 53 the national council comprises twenty-four members, elected for five years by direct universal suffrage and by the list system under the conditions prescribed by law. in accordance with the conditions determined by law, electors are monegasque citizens of either gender, at least eighteen years old, with the exception of those deprived of the right to vote for any of the causes set forth by law. art 54 all monegasque electors of either gender, aged at least twenty-five, who have held the monegasque nationality for at least five years, and who are not deprived of the right to stand for election for any of the causes set forth by law, are eligible. law determines which offices are incompatible with the national councillor’s mandate. art 55 courts of justice are entrusted with the control of the elections’ legitimacy, under the conditions prescribed by law. art 56 the national council’s members are not liable to any civil or criminal responsibility on the grounds of opinion or votes they express during the exercise of their mandates. without the national council’s authorisation, they may neither be prosecuted nor arrested during a session due to a criminal or police infringement, save in the case of flagrant offence. art 57 the newly elected national council meets on the eleventh day after elections in order to elect its board. the oldest national council to chairs this session. without prejudice to article 74, the prior national council’s powers expire on the day of the new national council’s meeting. art 58 the national council meets ipso jure in two annual ordinary sessions. the first session opens on the first working day of april. the second session opens on the first working day of october. each session may not last longer than three months. the session’s closure is declared by the president. art 59 the national council meets in extraordinary session, convened either by the prince or on the request of at least two thirds of the members, by the president. art 60 the national council's board comprises a president and a vice-president, who are elected each year by the assembly from among its members. a mayor’s office is incompatible with that of the national council's president and vice-president. art 61 without prejudice to the provisions of the constitution and if need be the law, the organisation and operations of the national council are determined by the rule of procedure which the national council issued. before being enforced these rules of procedure must be submitted to the supreme court, which decides on its compliance with the constitution and if need be, with law. art 62 the national council sets its agenda. it is notified to the minister of state at least three days beforehand. on the request of the government, at least one of the two sessions must be devoted to debating the bills introduced by the prince. however the agenda of extraordinary sessions convened by the prince is set in the convocation. art 63 the national council’s meetings are public. however the national council may decide with a majority of two thirds of the attending members, to sit in private session. the minutes of the public meetings are published in “le journal de monaco”. art 64 the prince communicates with the national council through messages read by the minister of state. art 65 the minister of state and government councillors have reserved entrances and seats at the national council’s meetings. they must have the floor when they request so. art 66 the instigation of law implies the agreement of wills of both the prince and the national council. the prince alone may initiate law. deliberating and voting on bills are the national council's responsibility. it falls to the prince to sanction laws, which confers them a binding power through promulgation. art 67 the prince signs bills. these bills are introduced to him via the government council and with the minister of state's signature. after the prince’s endorsement, the minister of state introduces them to the national council. the national council can formulate bill proposals. within a period of six months starting from the date the minister of state received the draft legislation, he notifies the following to the national council: either his decision to turn the proposal into a bill, amended as the case may be, which shall follow the procedure provided for in paragraph 1. in this case, the bill is introduced within a period of one year starting from the expiration of the six months period mentioned above or his decision to interrupt the legislative procedure. this decision is explained with a declaration placed on the agenda of an ordinary session public meeting anticipated within the period. this declaration can be followed by a debate after expiration of the six months period mentioned above, if the government has not notified the outcome intended for this bill proposal, the latter according to the procedure prescribed for in paragraph 1. becomes ipso jure a bill. the same procedure is applicable if the government did not introduce the bill within the one year period provided for in paragraph 2 a). the national council has the right of amendment. as such, it can propose inclusions, substitutions or withdrawals in the bill. amendments alone that have a direct link with the bill provisions relevant to the bill are admitted. the vote takes place on the amended bill, as the case may be unless the government withdraws the bill before the final vote. however, the provisions of the precedent paragraph are not applicable for ratification bills or budget bills. at the beginning of each ordinary session, in public meeting, the national council announces the update of all bills introduced by the government whenever they were introduced. art 68 the prince issues, when necessary, ordinances to ensure the enforcement of laws and the implementation of international treaties or conventions. art 69 laws and sovereign ordinances are enforceable against third parties only from the day after their publication in the "journal of monaco”. art 70 the national council votes on the budget. no direct or indirect taxation may be introduced but through a law. any treaty or international agreement entailing such taxation may only be ratified by a law. art 71 budget bills are introduced to the national council before september 30th. budget bills are voted upon during the national council october session. art 72 budget is voted upon chapter by chapter. transfers from one chapter to another are forbidden unless authorised by law. the budget comprises among others, within expenditure items, sums made available to the communal council for the budgetary year to come, as provided for in article 87. art 73 in case the appropriation of funds requested by the government as provided for in article 71 has not taken place before december 31st, funds relevant to services voted upon may be opened by sovereign ordinance with the national council’s agreement. the same prevails for income and expenses resulting from international treaties. art 74 the prince may, after having taken the advice of the crown council pronounce the dissolution of the national council. if this occurs, new elections take place within a period of three months. chapter viii. the crown council art 75 the crown council consists of seven members of monegasque nationality, appointed by the prince for a period of three years. the president and three other members are directly appointed by the prince. three members are appointed at the suggestion of the national council, chosen from outside its members. the offices of minister of state and government councillor are incompatible with those of president or member of the crown council. art 76 the crown council meets at least twice a year further to the prince's summons. in addition, the prince may call a meeting anytime he deems it necessary, either on his own initiative or further to the suggestion of the crown council's president. art 77 the crown council may be consulted by the prince on issues regarding the states higher interests. it may offer suggestions to the prince. it must be consulted on the following subjects: international treaties, dissolution of the national council requests or naturalisation and restoration of the monegasque nationality, pardons and amnesties. chapter ix. the commune art 78 the territory of the principality forms a single commune. art 79 the commune is administered by a municipality composed of the mayor and deputies designated by the communal council from amongst its members. in accordance with the conditions determined by law, elections are monegasque citizens of either gender, at least eighteen years of age, with the exception of those deprived of the right to vote for any of the causes set forth by law. all monegasque electors of either gender, at least twenty-one years of age, who have held the monegasque nationality for at least five years and who are not deprived of the right to stand for election for any of the causes set forth by law are eligible. art 80 the communal council is composed of 15 members elected for a term of four years by universal direct suffrage by the list system. there is no incompatibility between the communal councillor's mandate and that of national councillor. art 81 the communal council meets every three months in ordinary session. each session may not last longer than fifteen days. art 82 extraordinary sessions may be held, on the request or with the authorisation of the minister of state, for specific purposes. art 83 the communal council may be dissolved by a well-founded ministerial decree after the state council’s opinion is sought. art 84 in case of dissolution or resignation of all the members of the communal council, a special delegation is appointed by ministerial decree to carry out its duties until a new council is elected. this election shall take place within three months. art 85 the communal council is chaired by the mayor or, in his/her absence, by the deputy or the councillor who replaces him/her; following the order of the chart. art 86 the communal council debates in public meeting on the commune’s affairs. its proceedings are enforceable fifteen days after notification to the minister of state, unless a well-founded opposition under the form of a ministerial decree is initiated. art 87 the communal budget is supplied with revenue produced from communal property the communes ordinary resources and appropriations prescribed by the initial budget law of the year. chapter x. the justice art 88 judicial power vests in the prince, who, by the present constitution, delegates its full exercise to the courts and tribunals. tribunals render justice in the name of the prince. the independence of judges is guaranteed. the organisation, jurisdiction and operations of the tribunals, as well as judges’ status, are laid down by law. art 89 supreme court is composed of five full members and two substitute members. the supreme courts members are appointed by the prince, as follows: one full member and one substitute member are introduced by the national council from outside its members one full member and one substitute member are introduced by the state council from outside its members one full member is introduced by the crown council from outside its members one full member is introduced by the court of appeal from outside its members one full member is introduced by the civil court of first instance from outside its members. these introductions are done by each of the bodies here above mentioned at the rate of two per seat. if the prince does not agree with these introductions, he is free to require new ones. the president of the supreme court is appointed by the prince. art 90 in constitutional matters, the supreme court rules in sovereign fashion over: compliance of the national councils rules of procedure with constitutional and, if need be, legislative provisions under the conditions prescribed by article 61 appeals on petitions for annulment, petitions to review validity and actions for damages arising from violations of these rights and freedoms prescribed in chapter iii of the constitution, and which are not referred to in subsection b of the present article in administrative matters, the supreme court rules in sovereign fashion over: proceedings for annulment of ultra vires decisions taken by various administrative authorities or sovereign ordinances to enforce laws, and the award of related damages appeals by way of quashing decisions of last resort taken by administrative jurisdictions appeals for interpretation and petitions to review the validity of decisions of various administrative authorities or sovereign ordinances to enforce laws the supreme court rules over conflicts of jurisdiction. art 91 the supreme court deliberates either in plenary session composed of five members or in administrative section composed of three members. it sits and deliberates in plenary session: in constitutional matters as judge of conflicts of jurisdiction in administrative matters on references ordered by the president of the supreme court or decided by the administrative section it sits and deliberates in administrative section in all other cases. art 92 a sovereign order regulates the organisation and operations of the supreme court, especially relevant to the required qualifications of its members, incompatibilities regarding them as well as their status, the turnover of the administrative section’s members, the procedure to follow before the court, effects of petitions and awards, procedure and effects of conflicts of jurisdiction, as well as necessary transitional measures. chapter xi. the revision of the constitution art 93 the constitution may not be suspended. art 94 any revision, in full or in part, requires the joint agreement of the prince and the national council. art 95 in case of initiative on the part of the national council, proceedings maybe taken only by a two thirds majority vote of the normal number of members elected at the assembiy. chapter xii. final provisions art 96 prior constitutional provisions are repealed. the present constitution immediately enters into force. the renewal of the national council and communal council shall take place within three months. art 97 laws and regulations currently into force remain applicable to the extent that they are not incompatible with the present constitution. if need be, they must be amended in order to comply, as soon as possible, with the latter. preamble we, the people of south sudan, grateful to the almighty god for giving the people of south sudan the wisdom and courage to determine their destiny and future through a free, transparent and peaceful referendum in accordance with the provisions of the comprehensive peace agreement, 2005; recalling our long and heroic struggle for justice, freedom, equality and dignity in south sudan; remembering and inspired by the selfless sacrifices of our martyrs, heroes and heroines; dedicated to a genuine national healing process and the building of trust and confidence in our society through dialogue; determined to lay the foundation for a united, peaceful and prosperous society based on justice, equality, respect for human rights and the rule of law; committed to establishing a decentralized democratic multi-party system of governance in which power shall be peacefully transferred and to upholding values of human dignity and equal rights and duties of men and women; conscious of the need to manage our natural resources sustainably and efficiently for the benefit of the present and future generations and to eradicate poverty and attain the millennium development goals; do hereby, through this southern sudan legislative assembly, amend the interim constitution of southern sudan, 2005, which shall be adopted and hereafter referred to as the “transitional constitution of the republic of south sudan, 2011,” and shall be the supreme law by which the independent and sovereign south sudan shall be governed during the transitional period, and undertake to abide by, respect and defend it. part one. south sudan and the constitution 1. the republic of south sudan and its territory south sudan is a sovereign and independent republic, and it shall be known as “the republic of south sudan.” the territory of the republic of south sudan comprises: all lands and air space that constituted the three former southern provinces of bahr el ghazal, equatoria and upper nile in their boundaries as they stood on january 1, 1956; and the abyei area, the territory of the nine ngok dinka chiefdoms transferred from bahr el ghazal province to kordofan province in 1905 as defined by the abyei arbitration tribunal award of july 2009 in the event that the resolution of the final status of the abyei area results in the area becoming part of the republic of south sudan. the republic of south sudan is bordered by sudan in the north, ethiopia in the east, kenya and uganda in the south, the democratic republic of congo in the southwest and the central african republic in the west. south sudan is governed on the basis of a decentralized democratic system and is an all embracing homeland for its people. it is a multi-ethnic, multi-cultural, multi-lingual, multi-religious and multi-racial entity where such diversities peacefully co-exist. south sudan is founded on justice, equality, respect for human dignity and advancement of human rights and fundamental freedoms. 2. sovereignty sovereignty is vested in the people and shall be exercised by the state through its democratic and representative institutions established by this constitution and the law. 3. supremacy of the constitution this constitution derives its authority from the will of the people and shall be the supreme law of the land. it shall have a binding force on all persons, institutions, organs and agencies of government throughout the country. the authority of government at all levels shall derive from this constitution and the law. the states’ constitutions and all laws shall conform to this constitution. 4. defence of the constitution no person or group of persons shall take or retain control of state power except in accordance with this constitution. any person or group of persons who attempt(s) to overthrow the constitutional government, or suspend or abrogate this constitution commits treason. every citizen shall have the duty to resist any person or group of persons seeking to overthrow the constitutional government, or suspend or abrogate this constitution. all levels of government shall promote public awareness of this constitution by translating it into national languages and disseminating it as widely as possible. they shall provide for the teaching of this constitution in all public and private educational and training institutions as well as in the armed and other regular forces, by regularly transmitting and publishing programmes in respect thereof through the media and press. 5. sources of legislation the sources of legislation in south sudan shall be: this constitution; written law; customs and traditions of the people; the will of the people; and any other relevant source. 6. language all indigenous languages of south sudan are national languages and shall be respected, developed and promoted. english shall be the official working language in the republic of south sudan, as well as the language of instruction at all levels of education. the state shall promote the development of a sign language for the benefit of people with special needs. 7. national symbols the flag, emblem, national anthem, coat of arms, public seal, medals, festivals and commemorations of the state shall be prescribed by law. 8. religion religion and state shall be separate. all religions shall be treated equally and religion or religious beliefs shall not be used for divisive purposes. part two. bill of rights 9. nature of the bill of rights the bill of rights is a covenant among the people of south sudan and between them and their government at every level and a commitment to respect and promote human rights and fundamental freedoms enshrined in this constitution; it is the cornerstone of social justice, equality and democracy. the rights and freedoms of individuals and groups enshrined in this bill shall be respected, upheld and promoted by all organs and agencies of government and by all persons. all rights and freedoms enshrined in international human rights treaties, covenants and instruments ratified or acceded to by the republic of south sudan shall be an integral part of this bill. this bill of rights shall be upheld by the supreme court and other competent courts and monitored by the human rights commission. 10. sanctity of rights and freedoms subject to article 190 herein, no derogation from the rights and freedoms enshrined in this bill shall be made. the bill of rights shall be upheld, protected and applied by the supreme court and other competent courts; the human rights commission shall monitor its application in accordance with this constitution and the law. 11. life and human dignity every person has the inherent right to life, dignity and the integrity of his or her person which shall be protected by law; no one shall be arbitrarily deprived of his or her life. 12. personal liberty every person has the right to liberty and security of person; no person shall be subjected to arrest, detention, deprivation or restriction of his or her liberty except for specified reasons and in accordance with procedures prescribed by law. 13. freedom from slavery, servitude and forced labour slavery and slave trade in all forms are prohibited. no person shall be held in slavery or servitude. no person shall be required to perform forced or compulsory labour except as a penalty upon conviction by a competent court of law. 14. equality before the law all persons are equal before the law and are entitled to the equal protection of the law without discrimination as to race, ethnic origin, colour, sex, language, religious creed, political opinion, birth, locality or social status. 15. right to found a family every person of marriageable age shall have the right to marry a person of the opposite sex and to found a family according to their respective family laws, and no marriage shall be entered into without the free and full consent of the man and woman intending to marry. 16. rights of women women shall be accorded full and equal dignity of the person with men. women shall have the right to equal pay for equal work and other related benefits with men. women shall have the right to participate equally with men in public life. all levels of government shall: promote women participation in public life and their representation in the legislative and executive organs by at least twenty-five per cent as an affirmative action to redress imbalances created by history, customs, and traditions; enact laws to combat harmful customs and traditions which undermine the dignity and status of women; and provide maternity and child care and medical care for pregnant and lactating women. women shall have the right to own property and share in the estates of their deceased husbands together with any surviving legal heir of the deceased. 17. rights of the child every child has the right: to life, survival and development; to a name and nationality; to know and be cared for by his or her parents or legal guardian; not to be subjected to exploitative practices or abuse, nor to be required to serve in the army nor permitted to perform work which may be hazardous or harmful to his or her education, health or well-being; to be free from any form of discrimination; to be free from corporal punishment and cruel and inhuman treatment by any person including parents, school administrations and other institutions; not to be subjected to negative and harmful cultural practices which affect his or her health, welfare or dignity; and to be protected from abduction and trafficking. in all actions concerning children undertaken by public and private welfare institutions, courts of law, administrative authorities or legislative bodies, the paramount consideration shall be the best interest of the child. all levels of government shall accord special protection to orphans and other vulnerable children; child adoption shall be regulated by law. for the purposes of this constitution, a child is any person under the age of eighteen years. 18. freedom from torture no person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. 19. fair trial an accused person is presumed to be innocent until his or her guilt is proved according to the law. any person who is arrested shall be informed, at the time of arrest, of the reasons for his or her arrest and shall be promptly informed of any charges against him or her. in all civil and criminal proceedings, every person shall be entitled to a fair and public hearing by a competent court of law in accordance with procedures prescribed by law. a person arrested by the police as part of an investigation, may be held in detention, for a period not exceeding 24 hours and if not released on bond to be produced in court. the court has authority to either remand the accused in prison or to release him or her on bail. no person shall be charged with any act or omission which did not constitute an offence at the time of its commission. every accused person shall be entitled to be tried in his or her presence in any criminal trial without undue delay; the law shall regulate trial in absentia. any accused person has the right to defend himself or herself in person or through a lawyer of his or her own choice or to have legal aid assigned to him or her by the government where he or she cannot afford a lawyer to defend him or her in any serious offence. 20. right to litigation the right to litigation shall be guaranteed for all persons; no person shall be denied the right to resort to courts of law to redress grievances whether against government or any individual or organization. 21. restriction on death penalty no death penalty shall be imposed, save as punishment for extremely serious offences in accordance with the law. no death penalty shall be imposed on a person under the age of eighteen or a person who has attained the age of seventy. no death penalty shall be executed upon a pregnant or lactating woman, save after two years of lactation. 22. privacy the privacy of all persons shall be inviolable; no person shall be subjected to interference with his or her private life, family, home or correspondence, save in accordance with the law. 23. religious rights the following religious rights are guaranteed by this constitution: the right to worship or assemble in connection with any religion or belief and to establish and maintain places for these purposes; the right to establish and maintain appropriate faith-based, charitable or humanitarian institutions; the right to acquire, possess and own movable and/or immovable property and make, acquire and use the necessary articles and materials related to the rites or customs of religion or belief; the right to write, issue and disseminate religious publications; the right to teach religion or beliefs in places suitable for these purposes; the right to solicit and receive voluntary financial and other contributions from individuals, private and public institutions; the right to train, appoint, elect or designate by succession appropriate religious leaders called for by the requirements and standards of any religion or belief; the right to observe days of rest, celebrate holidays and ceremonies in accordance with the precepts of religious beliefs; and the right to communicate with individuals and communities in matters of religion and beliefs at national and international levels. 24. freedom of expression and media every citizen shall have the right to the freedom of expression, reception and dissemination of information, publication, and access to the press without prejudice to public order, safety or morals as prescribed by law. all levels of government shall guarantee the freedom of the press and other media as shall be regulated by law in a democratic society. all media shall abide by professional ethics. 25. freedom of assembly and association the right to peaceful assembly is recognized and guaranteed; every person shall have the right to freedom of association with others, including the right to form or join political parties, associations and trade or professional unions for the protection of his or her interests. formation and registration of political parties, associations and trade unions shall be regulated by law as is necessary in a democratic society. no association shall function as a political party at the national or state level unless it has: its membership open to any south sudanese irrespective of religion, gender, ethnic origin or place of birth; a programme that does not contradict the provisions of this constitution; a democratically elected leadership and institutions; and disclosed and transparent sources of funding. 26. right to participation and voting every citizen shall have the right to take part in any level of government directly or through freely chosen representative, and shall have the right to nominate himself or herself or be nominated for a public post or office in accordance with this constitution and the law. every citizen shall have the right to vote or be elected in accordance with this constitution and the law. 27. freedom of movement and residence every citizen shall have the right to freedom of movement and the liberty to choose his or her residence except for reasons of public health and safety as shall be regulated by law. every citizen shall have the right to leave and or return to south sudan. 28. right to own property every person shall have the right to acquire or own property as regulated by law. no private property may be expropriated save by law in the public interest and in consideration for prompt and fair compensation. no private property shall be confiscated save by an order of a court of law. 29. right to education education is a right for every citizen and all levels of government shall provide access to education without discrimination as to religion, race, ethnicity, health status including hiv/aids, gender or disability. all levels of government shall promote education at all levels and shall ensure free and compulsory education at the primary level; they shall also provide free illiteracy eradication programmes. 30. rights of persons with special needs and the elderly all levels of government shall guarantee to persons with disabilities or special needs participation in society and the enjoyment of rights and freedoms set out in this constitution, especially access to public utilities, suitable education and employment. the elderly and persons with disabilities or special needs shall have the right to the respect of their dignity. they shall be provided with the necessary care and medical services as shall be regulated by law. 31. public health care all levels of government shall promote public health, establish, rehabilitate and develop basic medical and diagnostic institutions and provide free primary health care and emergency services for all citizens. 32. right of access to information every citizen has the right of access to official information and records, including electronic records in the possession of any level of government or any organ or agency thereof, except where the release of such information is likely to prejudice public security or the right to privacy of any other person. 33. rights of ethnic and cultural communities ethnic and cultural communities shall have the right to freely enjoy and develop their particular cultures. members of such communities shall have the right to practice their beliefs, use their languages, observe their religions and raise their children within the context of their respective cultures and customs in accordance with this constitution and the law. 34. right to housing every citizen has the right to have access to decent housing. the state shall formulate policies and take reasonable legislative measures within its available resources to achieve the progressive realization of these rights. no one shall be evicted from his or her lawfully acquired home or have his or her home demolished save in accordance with the law. part three. fundamental objectives and guiding principles chapter i. objectives and principles 35. guiding objectives and principles all levels of government and their organs, institutions and citizens shall be guided by the objectives and principles contained in this constitution. this constitution shall be interpreted and applied to advance the individual dignity and address the particular needs of the people by dedicating public resources and focusing attention on the provision of gainful employment for the people, and improving their lives by building roads, schools, airports, community institutions, hospitals, providing clean water, food security, electric power and telecommunication services to every part of the country. 36. political objectives all levels of government shall promote democratic principles and political pluralism, and shall be guided by the principles of decentralization and devolution of power to the people through the appropriate levels of government where they can best manage and direct their affairs. all levels of government shall: promote and consolidate peace and create a secure and stable political environment for socio-economic development; initiate a comprehensive process of national reconciliation and healing that shall promote national harmony, unity and peaceful co-existence among the people of south sudan; inculcate in the people a culture of peace, unity, cooperation, understanding, tolerance and respect for customs, traditions and beliefs of each other; and mobilize popular energies and resources for reconstruction and development. the security and welfare of the people of south sudan shall be the primary duty of all levels of government. the composition of governments shall take into account ethnic, regional and social diversity in order to promote national unity and command national loyalty. all public offices shall be held in trust for the people and all persons in positions of leadership and responsibility shall be answerable to the people in their work and duties. 37. economic objectives the principal objective of the economic development strategy shall be the: eradication of poverty; attainment of the millennium development goals; guaranteeing the equitable distribution of wealth; redressing imbalances of income; and achieving a decent standard of life for the people of south sudan. all levels of government shall: develop and regulate the economy in order to achieve prosperity through policies aimed at increasing production, creating an efficient and self-reliant economy and encouraging free market and prohibition of monopoly; protect and ensure the sustainable management and utilization of natural resources including land, water, petroleum, minerals, fauna and flora for the benefit of the people; facilitate the development of the private sector, particularly indigenous entrepreneurs to establish and develop a viable private sector capable of participating effectively in reconstruction and development; promote private initiative and self-reliance and take all necessary steps to involve the people in the formulation and implementation of development plans and programmes that affect them and to enhance as well their right to equal opportunities in development; promote agricultural, industrial and technological development by adopting appropriate policies and legislation for the encouragement and attraction of local and foreign investment; and take necessary measures to bring about balanced, integrated and equitable development of different areas and to encourage and expedite rural development as a strategy for averting urban-biased development and policies that have been responsible for the neglect of rural communities. the state shall ensure that national wealth is equitably shared among all levels of government for the welfare of the people. 38. education, science, art and culture all levels of government shall: promote education at their respective levels to create the necessary qualified cadres for development; mobilize public, private and communal resources and capabilities for education and promotion of scientific research geared towards development; encourage and promote arts and craft and foster their patronization by government institutions and citizens; recognize cultural diversity and encourage such diverse cultures to harmoniously flourish and find expression through education and the media; protect cultural heritage, monuments and places of national, historic or religious importance from destruction, desecration, unlawful removal or illegal export; and protect, preserve and promote the cultures of the people which enhance their human dignity and are consistent with the fundamental objectives and principles set out in this chapter. the national government shall: guarantee academic freedom in institutions of higher education and protect the freedom of scientific research within the ethical parameters of research and as shall be regulated by law; and endeavour to avail the necessary financial resources to make education affordable at secondary and higher levels, including technical and vocational training, in order to bridge the educational gap caused by the collapse of educational services during the years of conflict. every person or group of persons shall have the right to establish and maintain private schools and other educational institutions at all levels in accordance with the conditions and standards prescribed by law. 39. family family is the natural and fundamental unit of society and shall be protected by law. all levels of government shall promote the welfare of the family and enact the necessary laws for its protection. it is the right and duty of parents to care for and bring up their children. children shall not be separated from their parents or persons legally entitled to care for them against the will of such parents or persons, except in accordance with the law. 40. children, youth and sports all levels of government shall: adopt policies and provide facilities for the welfare of children and youth and ensure that they develop morally and physically, and are protected from moral and physical abuse and abandonment; promote recreational facilities and sports for all the citizens and empower the youth to develop their potentials; and establish, protect, support popular sports institutions, indigenous games and their sustainability. 41. the environment every person or community shall have the right to a clean and healthy environment. every person shall have the obligation to protect the environment for the benefit of present and future generations. every person shall have the right to have the environment protected for the benefit of present and future generations, through appropriate legislative action and other measures that: prevent pollution and ecological degradation; promote conservation; and secure ecologically sustainable development and use of natural resources while promoting rational economic and social development so as to protect genetic stability and bio-diversity. all levels of government shall develop energy policies that will ensure that the basic needs of the people are met while protecting and preserving the environment. 42. defence of the republic of south sudan defence of the republic of south sudan is an honour and a duty of every citizen. the state shall, by law, provide for the care of the combatants, the wounded heroes and heroines, the families of martyrs and those missing in action. 43. foreign policy foreign policy of the republic of south sudan shall serve the national interest and shall be conducted independently and transparently with the view to achieving the following: promotion of international cooperation, specially within the united nations family, african union and other international and regional organizations, for the purposes of consolidating universal peace and security, respect for international law, treaty obligations and fostering a just world economic order; achievement of african economic integration, within the ongoing regional plans and fora as well as promoting african unity and co-operation as foreseen in those plans; enhancement of respect for human rights and fundamental freedoms regionally and internationally; promotion of dialogue among civilizations and establishment of international order based on justice and common human destiny; respect for international law and treaty obligations, as well as the seeking of the peaceful settlement of international disputes by negotiation, mediation, conciliation, arbitration and adjudication; enhancement of economic cooperation among countries of the region; non-interference in the affairs of other states, promotion of goodneighbourliness and mutual cooperation with all neighbours and maintaining amicable and balanced relations with other countries; and combating international and trans-national organized crime, piracy and terrorism. 44. saving unless this constitution otherwise provides or a duly enacted law guarantees, the rights and liberties described and the provisions contained in this chapter are not by themselves enforceable in a court of law; however, the principles expressed herein are basic to governance and the state shall be guided by them, especially in making policies and laws. chapter ii. citizenship and nationality 45. citizenship and rights every person born to a south sudanese mother or father shall have an inalienable right to enjoy south sudanese citizenship and nationality. citizenship is the basis of equal rights and duties for all south sudanese. every citizen shall enjoy all the rights guaranteed by this constitution. the law shall regulate citizenship and naturalization; no naturalized citizen shall be deprived of his or her acquired citizenship except in accordance with the law. a south sudanese national may acquire the nationality of another country as shall be prescribed by law. a non-south sudanese may acquire the nationality of south sudan by naturalization as shall be prescribed by law. 46. duties of the citizen it shall be the duty of every citizen to uphold and abide by this constitution and respect the laws of south sudan. every citizen shall in particular: defend the country and respond to the call for national service in accordance with the provisions of this constitution and the law; promote peace, harmony, unity, fraternity and tolerance among all people of south sudan in order to transcend ethnic, religious, geographical and political divisions; preserve and protect public funds and assets and respect legal and financial obligations; prevent and combat corruption and sabotage; participate in the development of south sudan; abide by the law and co-operate with the appropriate agencies in the maintenance of law and order; protect the environment and conserve natural resources; be guided and informed in all actions by the interests of the nation and the principles enshrined in this constitution; promote democracy, good governance and the rule of law; and respect the rights and freedoms of others. chapter iii. the decentralized system of governance 47. levels of government south sudan shall have a decentralized system of government with the following levels: the national level which shall exercise authority in respect of the people and the states; the state level of government, which shall exercise authority within a state, and render public services through the level closest to the people; and the local government level within the state, which shall be the closest level to the people. 48. devolution of powers the following principles shall guide the devolution and exercise of powers: affirmation of the need for norms and standards of governance and administration at the state and local government levels that reflect the unity of the people of south sudan while recognizing their diversity; acknowledgement of the roles of the national government and the states in the promotion of the welfare of the people and protection of their human rights and fundamental freedoms; recognition of the need for the involvement and participation of all people of south sudan at all levels of government as an expression of unity; and pursuit of good governance through democracy, separation of powers, transparency, accountability and respect for the rule of law to enhance peace, socio-economic development and political stability. the national government shall: exercise its competences in accordance with this constitution and the law; and respect the powers devolved to the states and local governments. 49. inter-governmental linkages in the administration of the decentralized system of governance, the following principles of inter-governmental linkages shall be observed: the linkage between the national government and the local government shall be through the government of the relevant state; in their relationships with each other or with other government organs, all levels of government shall observe the following: respect each other’s powers and competences; and collaborate in the task of governing and assist each other in fulfilling their respective constitutional obligations; government organs at all levels shall perform their functions and exercise their powers so as: not to encroach on or assume powers or functions conferred upon any other level except as provided for in this constitution; to promote co-operation by rendering assistance and support to other levels of government; to promote communication and coordination between all levels of government; to adhere to procedures of inter-governmental interaction and comity; to respect the status and institutions of other levels of government; and to promote amicable settlement of disputes before resorting to litigation; the harmonious and collaborative interaction of the different levels of government shall be within the context of national unity and for the achievement of a better quality of life for all. any two or more states may agree on mechanisms or arrangements to enhance inter-state co-ordination and co-operation. part four. the national government 50. establishment of the national government there shall be established in the republic of south sudan a national government. the national government shall be the institution around which the people of south sudan are politically, economically, socially and culturally organized. the powers of the national government emanate from the will of the people of south sudan and this constitution. the city of juba shall be the national capital of south sudan and the seat of the national government. its territory and administration shall be defined and regulated by law. without prejudice to sub-article (4) above, the national government may relocate the national capital to any other location within the territory of south sudan by law. 51. organs of the national government the national government shall have the following organs: the legislature; the executive; and the judiciary. 52. powers and competences of the national government the national government shall exercise exclusive legislative and executive authority on all functional areas in schedule a; it shall also exercise legislative and executive authority on all concurrent and residual matters as set forth in schedules c and d read together with schedule e herein. 53. primary responsibilities of the national government the primary responsibilities of the national government shall be, inter alia: maintenance of peace and security; reconstruction and development; promotion of good governance and welfare of the people; exercising authority in respect of south sudan and the states; and ensuring the protection of the rights and interests of the people. the national government shall discharge its duties and exercise its powers as set forth in this constitution and the law. part five. the national legislature chapter i. establishment, composition and functions 54. establishment and composition of the national legislature there shall be established a national legislature composed of the following: the national legislative assembly; and the council of states. the national legislature shall conduct its business as prescribed in this constitution in joint sittings of the two legislative houses, chaired by the speaker of the national legislative assembly and deputized by the speaker of the council of states. vote count shall be separate for each house and governed by the quorum specified in this constitution. each house shall sit separately to conduct its business as prescribed in this constitution. the national legislature, as well as each of its houses, shall make its own conduct of business regulations. 55. competences of the national legislature the national legislature represents the will of the people of south sudan and shall foster unity and nationhood, exercise legislative functions, oversee the executive, and promote the decentralized system of government. the legislative competences of the national government shall vest in the national legislature in respect of all matters assigned to it in schedules a, c and d read together with schedule e herein. without prejudice to the generality of sub-article (1) above, the national legislature shall be competent to: consider and pass amendments to this constitution; enact legislation on all matters assigned to it by this constitution; discuss statements by the president and take decisions as may be necessary; authorize annual allocation of resources and revenue, in accordance with article 87 of this constitution; reconsider a bill which has been rejected by the president under article 85 (2) herein; impeach the president and the vice president; approve a declaration of war; confirm a declaration of a state of emergency or termination thereof; and perform any other function determined by this constitution or the law. the national legislature shall exercise its legislative powers through bills in accordance with this constitution. 56. composition of the national legislative assembly members of the national legislative assembly shall be elected through universal adult suffrage in free and fair elections and by secret ballot; and the national elections law shall determine the number of members and composition of the national assembly. notwithstanding the provisions of article (1) above, during the transitional period the national assembly shall consist of: all members of the southern sudan legislative assembly; all ninety six south sudanese who were members of the national assembly of the republic of sudan, by virtue of their membership in that assembly; and such additional number of members appointed by the president not exceeding sixty-six (66). members of the council of ministers who are not members of the national legislative assembly shall participate in the deliberations of the assembly but shall not have the right to vote. 57. powers and functions of the national legislative assembly the national legislative assembly shall exercise the following powers and functions: oversee the performance of the national government institutions; approve plans, programmes and policies of the national government; approve budgets; ratify international treaties, conventions and agreements; adopt resolutions on matters of public concern; summon ministers to answer questions of members of the assembly on matters related to their ministries; interrogate ministers about their performance or the performance of their ministries; vet and approve appointments as required by this constitution or the law; cast a vote of no confidence against any minister. enact legislation to regulate the conditions and terms of service of the judiciary and its oversight mechanisms; and perform any other function as determined by this constitution or the law. 58. composition of the council of states the council of states shall consist of: members of the council of states shall be elected through their respective states assemblies; and the national elections law shall determine the number of members of the council of states. notwithstanding the provisions of article (1) above, during the transitional period, the council of states shall consist of: all south sudanese who were representatives in the council of states of the republic of sudan, by virtue of their membership in that council; and thirty (30) members appointed by the president. 59. competences of the council of states the council of states shall be competent to: initiate legislation on the decentralized system of government and other issues of interest to the states and pass such legislation with two-thirds majority of all representatives; issue resolutions and directives that may guide all levels of government in accordance with the provisions of articles 47, 48 and 49 of this constitution; oversee national reconstruction, development and equitable service delivery in the states; monitor the repatriation, relief, resettlement, rehabilitation, reintegration of returnees and internally displaced persons, and reconstruction of disaster and conflict affected areas; request statements from governors and national ministers concerned regarding effective implementation of the decentralized system and devolution of powers and any other issues related to the states; legislate for the promotion of a culture of peace, reconciliation and communal harmony among all the people of the states; approve changes in state names, capital towns and boundaries; and perform any other function as determined by this constitution or the law. 60. rules of the national legislature while sitting separately to transact business that falls within its competences, each house shall observe the following rules: any bill on a matter falling within the competences of either house, shall be tabled in that house; any bill passed by the national legislative assembly shall be referred to a standing inter-house committee for scrutiny and decision on whether it affects the interests of the states. if the committee decides that the bill affects the interest of the states, the bill shall be referred to the council of states for consideration; in case the council of states introduces any amendments in the referred bill, by a two-thirds majority of the representatives or passes it as it is, the bill shall be sent to the president of the republic for his or her assent without being returned to the national legislative assembly; and no house shall discuss any business of which the other house is seized, until it is finally referred to it. 61. seat of the national legislature the national legislature and each of its two houses shall convene its sessions at its seat in the national capital, juba. notwithstanding sub-article (1) above, the two speakers may convene a sitting of the national legislature elsewhere inside south sudan. notwithstanding sub-article (1) above, the speaker may call the national legislative assembly to convene in any other location in south sudan. notwithstanding sub-article (1) above, the speaker of the council of states may call the council of states to convene in any other location in south sudan. 62. eligibility for membership a candidate for membership of the national legislature shall: be a south sudanese; be at least twenty-one years of age; be of sound mind; be literate; and not have been convicted during the last seven years of an offence involving honesty or moral turpitude. members of the national legislature and the council of ministers shall not be eligible for membership of state legislatures or state councils of ministers while occupying the aforementioned positions. membership of the national legislative assembly shall not be combined with membership in the council of states. membership in the council of states shall not be combined with membership in the council of ministers. 63. loss of membership of the national legislature membership of the national legislative assembly or the council of states shall be lost in any of the following cases: mental infirmity or physical incapacity; conviction for an offence involving honesty or moral turpitude; adjudged or declared bankrupt by a competent court; absence from a number of sittings without permission or acceptable reasons, as shall be determined by the conduct of business regulations of each house; resignation, in writing, to the appropriate house; change of political affiliation or party on whose ticket he or she was elected to the national legislative assembly; assumption of any constitutional office in a state or local government level; or death. upon vacation of the seat of a member of the national legislative assembly or the council of states his or her seat shall be filled in accordance with the provisions of article 64 herein. 64. by-elections when a vacancy occurs in respect of any seat in the national legislative assembly or the council of states, the speaker of the appropriate house shall, in writing, notify the national elections commission within ten days from the occurrence of that vacancy. a by-election to fill the vacancy shall be held by the national elections commission within sixty days following occurrence of the vacancy. no by-election to fill a vacancy shall be held within the three months prior to the next general elections. 65. oath of a member of the national legislature to assume his or her functions, every member of the national legislative assembly or the council of states shall take the following oath before the appropriate house: “i…….......…....., as a member of the national legislative assembly/council of states, do hereby swear by almighty god /solemnly affirm/ that i will bear true faith and allegiance to the republic of south sudan and its people; that i will obey and respect the constitution and abide by the law; and that i will faithfully and conscientiously discharge my duties and responsibilities as a member of the national legislative assembly/council of states and serve the people of the republic of south sudan to the best of my ability, so help me god/ god is my witness.” 66. term of the national legislature the term of the national legislature shall be five years. notwithstanding article (1) above, the term of the current national legislature shall be four years from july 9, 2011. 67. immunity of members of the national legislature no criminal proceedings shall be initiated against a member of the national legislative assembly or the council of states; nor shall any measure be taken against his or her person or belongings without permission from the speaker of the appropriate house, except where he or she is caught committing an offence for which the police may arrest without warrant. in case a member is charged with a serious crime, the appropriate house may waive the immunity of the member concerned. 68. sessions of the national legislature the national legislature shall hold its first sitting upon convocation by the president within thirty (30) days following the transformation of the southern sudan legislative assembly into the national legislative assembly and the establishment of the council of states in accordance with provisions of article 56 (2) and 58 herein. the sittings of the national legislative assembly shall be chaired by the incumbent speaker of the transformed southern sudan legislative assembly. the first sitting of the council of states shall be chaired by the eldest of the members present and elect its speaker and deputy speaker among its members. without prejudice to article 101 (g) herein, each house shall determine the dates of commencement and closure of its sessions. the national legislature or each house may convene an emergency or extraordinary session on the request of half of its members or upon a call from the president. 69. officers of the national legislature the national legislative assembly shall elect a speaker and two deputies from among its members at the first sitting. the council of states shall elect a speaker and one deputy from among its members at the first sitting. the speaker of each house shall preside over sittings of that house, control order and supervise the administrative affairs thereof. he or she shall represent the house in and outside south sudan. each house shall elect chairpersons and deputy chairpersons of the specialized committees and members of ad hoc committees as may be determined by its conduct of business regulations. the speaker of each house shall appoint a clerk for the respective house in accordance with the conduct of business regulations. the clerk of each house shall be responsible for preparing the sessions of the respective house and running of its administrative affairs under the supervision of the speaker of that house. each house shall consider broad inclusiveness in the election and apportionment of its officers and staff. notwithstanding the provision of article 69 above, the present administration of the southern sudan legislative assembly shall continue during the transitional period in accordance with article 94 (1). the transformed national legislative assembly shall create vacancies for the members joining it as will be determined by its conduct of business regulations 2010. the council of states shall elect its officers in accordance with its conduct of business regulations during the transitional period. 70. emoluments of members of the national legislature members of the national legislature shall be paid emoluments and provided with facilities as determined by law. a member of the national legislature, other than the speakers, deputies, minority leaders, chairpersons and deputy chairpersons of the specialized committees, and chief whips, may hold any other office in the private sector, with remuneration or engage in any profit making business; provided that such office or business does not compromise his or her duty as a member. 71. minority leaders the political party holding the second highest number of seats in each house shall elect from among its members the minority leader of the respective house. in relation to the conduct of business of each house, the minority leader shall: rank fourth in protocol after the president, the vice president and the speaker, in that order within each house; and have the right of second reply, after the minister designated to lead government business in each house, to an address to the house by the president. the conduct of business regulations of each house shall provide for the effective participation of the minority leaders in their respective houses. 72. committees of the national legislature each house shall have standing specialized committees and may establish ad hoc committees for the efficient discharge of its functions. the functions of the standing and ad hoc committees of each house shall be determined by its conduct of business regulations. the two houses may form inter-house standing or ad hoc committees for specific matters that are of concern to the two houses. there shall be established a parliamentary service commission, the structures, composition, powers and functions, duties, and terms of service shall be determined by law. 73. regulations of the national legislature each house of the national legislature shall make regulations for the conduct of its business. the speaker of each house shall ensure that the conduct of business regulations of the house are respected and enforced. the national legislature shall make regulations for the conduct of its business. 74. quorum the quorum for ordinary sittings of the national legislative assembly shall be more than half of the members. the conduct of business regulations may provide for a reduced quorum that may not apply for the final presentation of bills. except as otherwise provided for in this constitution, the decisions of the national legislative assembly shall be by majority of votes of the members present and voting. if the votes are equally divided, the speaker or any person presiding, shall have no casting vote and the motion shall be deemed to have been lost. the quorum for the sittings of the council of states shall be more than half of its representatives. 75. publicity of sittings of the national legislature the sittings of the national legislature or either of its two houses shall be open to the public; its proceedings shall be published and may also be broadcast. however, the national legislature or either house may decide according to its conduct of business regulations that certain deliberations take place in camera. 76. passing legislative resolutions resolutions of the national legislature or either of its two houses shall, whenever possible, be taken by unanimity or consensus. alternatively, resolutions shall be passed by simple majority of those present and voting, save in cases where this constitution provides otherwise. 77. privileges of members of the national legislature members of the national legislature or either of its two houses shall freely and responsibly express their opinions, subject only to the provisions of the regulations of the appropriate house. no legal proceedings shall be initiated against any member, nor shall he or she be held accountable before any court of law merely by reason of views or opinions that he or she might have expressed in the course of performing his or her duties. 78. address by the president the president may personally or by a message, address the national legislature or either of its two houses. the national legislature or either of its two houses shall accord priority to such request over any other business. the president may also request the opinion of the national legislature or either of its two houses on any subject matter. 79. address by the vice president and statements by ministers and governors the vice president may request to address the national legislative assembly or the council of states. the concerned house shall provide an opportunity for hearing such address as promptly as possible. a minister of the national government may request to deliver a statement before the national legislative assembly or the council of states. the national legislative assembly or the council of states may summon a governor of a state to make a statement before it on any important matter concerning his or her state for information or explanation. a governor may request to make a statement before the council of states. 80. questions addressed to ministers by members of the national legislature members of the national legislative assembly or the council of states may, in either house, within the competences of the concerned house and subject to its conduct of business regulations, address questions to a minister of the national government on any subject relating to his or her duties; the said minister shall provide the appropriate house with a prompt reply. 81. request of statements the national legislative assembly or the council of states may request a minister of the national government to deliver before it a statement on any matter of public concern. 82. general summons the national legislative assembly or any of its committees may summon any public official or any person within south sudan, other than the president, to testify or give opinion before it. inquiry on any matter that falls within the direct responsibility of the national government may only be made after notifying the president. any person who refuses to appear before the national legislative assembly or any of its committees or refuses to produce any document as required under sub-article (1) above commits an offence punishable by law. 83. tabling of bills the president or the council of ministers may cause a bill to be presented by a minister before the national legislative assembly or the council of states subject to their respective competences. a member of the national legislature may table a private member bill before the house to which he or she belongs on a matter that falls within the competences of that house. the inter-house committee of the national legislature may present a bill before either house of the national legislature subject to their respective competences. 84. procedures for presentation and consideration of bills bills presented to either house of the national legislature shall be submitted for the first reading by being cited by title. the bill shall then be submitted for a second reading for general deliberation and approval in principle. if the bill is passed in the second reading, there shall be a third reading for deliberation in detail and introduction of, and decision upon, any amendment. the bill shall then be submitted in its final form for the final reading, at which stage the text of the bill shall not be subject to further discussion and shall be passed section by section and then passed as a whole. after the first reading, the speaker of the house concerned shall refer the bill to the appropriate committee, which shall make a general evaluation report for the purpose of the second reading. the committee shall also present a report on the amendments that the committee might or might not have endorsed in the second reading for the decision in the third reading; the speaker of the concerned house may also refer the bill once again to the appropriate committee to prepare a report in a final draft in preparation for the final reading. the speaker of the concerned house or the appropriate committee may seek expert opinion on the viability and rationale of the bill; an interested body may also be invited to present views on the impact and propriety of the bill. the house concerned may, by a special resolution, decide on any bill as a general committee or by summary proceedings. 85. assent of the president any bill approved by the national legislature shall not become a law unless the president assents to it and signs it into law. if the president withholds assent for thirty days without giving reasons, the bill shall be deemed to have been so signed. if the president withholds assent to the bill and give reasons within the aforementioned thirty days, the bill shall be re-introduced to the national legislature to consider the observations of the president. the bill shall become law if the national legislature again passes it by a twothirds majority of all members and representatives of the two houses, and the assent of the president shall not be required for that bill to come into force. 86. provisional orders in case the national legislature is not in session, the president may, on an urgent matter, issue a provisional order having the force of law. the provisional order shall be submitted to the appropriate house of the national legislature as soon as it is convened. where the national legislature ratifies the provisional order as it is, it shall be promulgated as law, but where the same is rejected by either house, or where the session ends without it being ratified, the provisional order shall lapse with no retrospective effect. a bill on the same subject matter may again be re-introduced before the national legislature and be considered under the normal procedure for consideration of bills. notwithstanding sub-article (1) above, the president shall not make any provisional order on matters affecting the bill of rights, the decentralized system of government, general elections, annual allocation of resources and financial revenue, penal legislation or alteration of administrative boundaries of the states. any law which was repealed or amended pursuant to a provisional order that later lapsed, shall revive into force as it is, starting from the date when the provisional order lapsed. the national legislative assembly may delegate to the president the power to approve bilateral international and regional agreements while the national legislative assembly is not in session; however, such agreements shall be subject to subsequent approval by the national legislative assembly and shall be deposited before it as soon as it is convened. 87. bills pertaining to allocation of resources and revenues the president shall cause to be presented to the national legislative assembly, before the beginning of the financial year, a bill for the allocation of resources and revenue in accordance with the provisions of this constitution. the national legislative assembly shall convene to approve, modify or reject that bill. the financial year shall be twelve months beginning from july 1st, and ending on june 30th the other year. 88. general budget proposal, estimates and related bills the president shall cause to be presented to the national legislative assembly before the beginning of the financial year, a bill on the general budget, including: a general evaluation of the economic and financial performance and situation; detailed estimates of proposed revenue and expenditure for the forthcoming year compared to those of the previous financial year; a statement of the general budget, any reserve funds, transfers thereto or allocations therefrom; and explanations of any special budgets or financial estimates, policies or measures to be taken by the national government in the financial and economic affairs within the framework of the general budget. the president shall cause to be submitted to the national legislative assembly proposals of total expenditure entered into the budget as an appropriation bill and proposals for taxes, fees and other levies as well as borrowing, investment or saving bonds as financial bills. the national legislative assembly shall discuss, and may amend, reject or adopt the general budget bill chapter by chapter including schedules, and it shall thereafter pass the appropriation bill in its totality. where the bill is passed, detailed estimates as specified in the general budget shall not be exceeded save by a supplementary law. surplus funds over revenue estimates and funds out of the legal reserve shall not be spent save by a supplementary appropriation law. after the passing of the budget, no funds shall be transferred from one chapter to another, nor shall any money be spent on an item that is not provided for in the budget without the approval of the national legislative assembly. in the event that the national legislative assembly fails to pass the budget bill within a period of forty-five days, the president shall issue a presidential decree on the budget for that year, and such budget shall be deemed to have been passed by the national legislative assembly in accordance with the provisions of this constitution. 89. private member financial bill no member of the national legislative assembly, outside the context of the deliberations of the draft general budget, shall introduce any financial bill or move any amendment to a bill having the object or effect of abolishing, imposing or increasing any tax or imposing any charge upon the public revenue or reserves, save with the prior consent of the national council of ministers. the minister of finance, on the authority of the council of ministers, shall issue a certificate that a proposed bill or an amendment has such object or effect and such certification shall be conclusive. a bill or an amendment shall not be deemed to have such object or effect by reason that it includes provisions for the imposition of fines or other pecuniary penalties or the payment of fees for services rendered. 90. provisional and supplementary financial measures notwithstanding the provisions of article 86 (5) herein, the president may in the public interest, make a presidential order having the force of law, providing that the imposition of any tax, or fee or the amendment thereof shall come into force, pending submission of a bill requiring the same to the national legislative assembly. when that financial bill is adopted or rejected, the force of the presidential order shall cease without retrospective effect in relation to rejection for amendment of the bill. where the procedure of adopting the general budget and the appropriation bill is delayed beyond the beginning of the financial year, expenditure shall continue, pending adoption of the general budget, in accordance with the estimates approved for the previous year, as if the same has been appropriated by law for the new year. whenever new circumstances occur or a matter of public concern proves not to have been satisfactorily addressed by the general budget, the president may during the financial year cause to be submitted to the national legislative assembly, a financial bill, a supplementary appropriation or an allocation from the reserve funds, to which the same provisions set out in respect of the general budget bill shall apply. without prejudice to the provisions of article 88 (3), (4) and (5) herein, the following expenditures shall be paid out of the consolidated reserve funds: emoluments of the president; expenses of the state house; budget of the judiciary; national government contractual financial obligations; repayment of national government external debts under any loan agreement; payment of any money the national government is required to pay under a court order arising out of any litigation or as a result of an arbitration award or any other settlement having similar legal effect; and any other expenses as shall be regulated by law. 91. final accounts the minister of finance shall presented to the national legislative assembly during the six months following the end of the financial year, the final accounts for all revenue and expenditure as are set forth in that year, as well as expenditure withdrawn from the reserve funds. the auditor general shall, in accordance with article 186 (8) herein, present his or her report on such accounts to the national legislative assembly or the council of states, as the case may be. 92. delegation of powers of subsidiary legislation the national legislature or either of its two houses may, by law, delegate to the president, the council of ministers or any public body, the power to make any subsidiary regulations, rules, orders or any other subsidiary instrument having the force of law, provided that such subsidiary legislation shall be tabled before the concerned house and be subject to adoption or amendment by a resolution of that house in accordance with the provisions of its regulations. 93. validity of the proceedings of the national legislature no court or any other authority shall call into question the validity of any proceedings of the national legislature or any of its two houses on the basis of violation of its conduct of business regulations. a certificate duly signed by the appropriate speaker shall be deemed to be conclusive evidence of the validity of the said proceedings. chapter ii. interim provisions 94 the southern sudan legislative assembly shall adopt and pass the transitional constitution of the republic of south sudan, 2011, and it shall thereafter transform itself into south sudan national legislative assembly. the president shall appoint: all the ninety six south sudanese who were elected from south sudan to the national assembly of the republic of sudan to become members of south sudan national legislative assembly; the president shall appoint such additional number of members not exceeding sixty-six. the president shall appoint the representatives to the council of states in accordance with the provisions of the article 58 of this constitution. the sittings of the national legislative assembly shall be chaired by the incumbent speaker of the transformed southern sudan legislative assembly. the first sitting of the council of states shall be chaired by the eldest of the members present and elect its speaker and deputy speaker among its members. part six. the national executive chapter i. establishment, composition and powers 95. establishment and composition of the executive there shall be established in the republic of south sudan a national executive consisting of the president, vice president, ministers, and deputy ministers. 96. powers and competences of the executive the executive shall exercise the executive powers on all matters as set forth in schedules a, c and d read together with schedule e of this constitution and any other competence conferred upon it by this constitution and the law. chapter ii. the president of the republic 97. the president there shall be a president for the republic of south sudan who shall be directly elected by the people of south sudan in general elections according to this constitution and the provisions set forth by the national elections commission in accordance with the electoral law. notwithstanding article (1) above, the incumbent elected president of the government of southern sudan shall be the president of the republic of south sudan. the president of the republic of south sudan is the head of state and government, the commander-in-chief of the sudan people’s liberation army and the supreme commander of all the other regular forces. he or she represents the will of the people, and shall exercise the powers vested in the office of the president by this constitution. pending a final solution on its status abyei area, the territory of the nine ngok dinka chiefdoms transferred from bahr el ghazal province to kordofan province in 1905 as defined by the abyei arbitration tribunal award of july 2009, is accorded a special administrative status under the office of the president of the republic of south sudan: the members of the nine ngok dinka chiefdoms of abyei area shall have an inalienable right to enjoy south sudanese citizenship and nationality and all rights and freedoms guaranteed by this constitution. without prejudice to any alternative solution that may be agreed upon by the two governments of south sudan and of the sudan on the final status of abyei area and in accordance with the provisions of the abyei protocol 2005, the members of the nine ngok dinka chiefdoms and other sudanese residing in abyei area, shall vote in a referendum, which shall present them with the following choices: that abyei area enjoys special administrative status in the republic of sudan; or that abyei area be part of the republic of south sudan. the security arrangements in abyei area shall be in accordance with the provisions of the abyei protocol, 2005 or in accordance with any alternative arrangements agreed upon by the two governments of south sudan and of sudan. 98. eligibility for the office of the president a candidate for the office of the president shall: be a south sudanese by birth; be of sound mind; be at least forty years of age; be literate; and not have been convicted of an offence involving honesty or moral turpitude. 99. oath of the president the president of the republic of south sudan shall, before assuming office, take the following oath before the public: “i……….…………., do hereby swear by the almighty god /solemnly affirm, that as the president of the republic of south sudan, i shall be faithful and bear true allegiance to the republic of south sudan and shall diligently and honestly discharge my duties and responsibilities in a consultative manner to foster the development and welfare of the people of south sudan; that i shall obey, preserve and defend the constitution and abide by the law; and that i shall protect and promote the unity of the people of south sudan and consolidate the democratic decentralized system of government and preserve the integrity and dignity of the people of south sudan; so help me god/ god is my witness.” 100. tenure of the office of the president the tenure of the office of the president of the republic of south sudan shall be five years. notwithstanding article (1) above, during the transitional/ period the tenure of the office of the president of the republic of south sudan shall be four years from july 9, 2011. 101. functions of the president the president shall perform the following functions: preserve the security of south sudan and protect its territorial integrity; supervise constitutional and executive institutions and provide exemplary leadership in public affairs; appoint constitutional and judicial post holders in accordance with this constitution and the law; preside over the national council of ministers; declare and terminate a state of emergency in accordance with the provisions of this constitution and the law; initiate constitutional amendments and legislation and assent to and sign into law bills passed by the national legislature; convene, summon, adjourn or prorogue the national legislature in consultation with the speaker; confirm death sentences, grant pardons, and remit convictions or penalties according to this constitution and the law; appoint presidential advisors; appoint ad hoc commissions and committees; establish independent institutions and commissions; confer honours; generally represent the government and the people of south sudan; declare war in accordance with this constitution and the law; represent the state in its foreign relations, appoint ambassadors of the state and accept credentials of foreign ambassadors; direct and supervise foreign policy and ratify treaties and international agreements with the approval of the national legislative assembly; seek the opinion of the supreme court on any matter in connection with this constitution; remove a state governor and/or dissolve a state legislative assembly in the event of a crisis in the state that threatens national security and territorial integrity; appoint a state care-taker governor who shall prepare for elections within sixty days in the state where the governor has been removed or the state legislative assembly so dissolved in accordance with the provisions of this constitution, the relevant state constitution and the law; present annual address on the state of the nation; and perform any other function as may be prescribed by law. 102. vacancy of office of the president the office of the president shall fall vacant in any of the following cases: expiration of the term of office; resignation in a public address to the people through the national legislative assembly; impeachment in accordance with the provisions of this constitution; mental infirmity or physical incapacity based on an official medical report submitted by the medical commission to the assembly for information; or death. if the office of the president of the republic falls vacant, the post shall be assumed by the vice president pending elections that shall be conducted by the national elections commission within sixty days from the date of occurrence of the vacancy. 103. immunity and impeachment of the president the president shall be immune from any legal proceedings and shall not be charged or sued in any court of law during his or her tenure of office. notwithstanding sub-article (1) above, in case of high treason, gross violation of this constitution or gross misconduct in relation to national affairs, the president may be charged before the supreme court upon a resolution passed by a two-thirds majority of all the members of the assembly. the president of the supreme court shall, within seven days after receipt of the impeachment notice referred to under sub-article (2) above, constitute a tribunal comprising three justices of the supreme court, to evaluate the allegation in the notice and to report its findings to the constitutional panel of the supreme court. the president shall be entitled to appear at the proceedings of the tribunal and to be represented by a lawyer or other expert or any other person of his or her choice. if the constitutional panel convicts the president, it shall communicate its final verdict to the assembly, and he or she shall be deemed to have forfeited the office. if the notice for the removal of the president is on the grounds of mental infirmity or physical incapacity, it shall be based on a report submitted to the assembly by a medical board consisting of five qualified and eminent specialists from the medical commission in respect of the alleged infirmity or incapacity. the president shall submit himself or herself to the medical board for necessary examination as required. if the medical board determines that the president, by reason of mental infirmity or physical incapacity is unable to perform the functions of the office of the president, it shall communicate its findings to the assembly for information, and he or she shall be deemed to have forfeited the office. 104. appointment and removal of the vice president the vice president shall be appointed by the president subject to approval by a two-thirds majority of all members of the national legislative assembly. the vice president may be removed by the president or by a decision passed by two-thirds majority of all members of the national legislative assembly. if the post of the vice president falls vacant for any reason, the president shall appoint a replacement. the vice president shall fulfill the conditions of eligibility for the office of the president as prescribed by this constitution. to assume office, the vice president shall take, before the president, the same oath taken by the president as prescribed by this constitution. 105. functions of the vice president the vice president shall perform the following functions: act for the president in his or her absence from the country; be a member of the council of ministers; be a member of the security council; and perform any other function or duty that may be assigned to him or her by the president. 106. vacancy of office of the vice president the office of the vice president shall fall vacant in any of the following cases: relief from office in accordance with the provisions of article 104 (2) herein; acceptance of his or her written resignation by the president; mental infirmity or physical incapacity based on an official medical report submitted by the medical commission to the assembly for information; or death. 107. presidential advisors the president may appoint a limited number of presidential advisors and shall define their functions. to assume office, a presidential advisor shall, before the president, take the following oath: “i……….…………., do hereby swear by the almighty god /solemnly affirm/, that as a presidential advisor, i shall be faithful and bear true faith and allegiance to south sudan and shall diligently and honestly discharge my duties and responsibilities and strive to foster the development and welfare of its people; that i shall obey, preserve and defend the constitution and abide by the law; and that i shall protect and promote the unity of the people of south sudan and consolidate the democratic decentralized system of government and preserve the integrity and dignity of the people of south sudan; so help me god/ god is my witness.” chapter iii. the national council of ministers 108. establishment and composition of the council of ministers there shall be established a national council of ministers. the national council of ministers shall compose of the president, the vice president and ministers. the president shall ensure that at least twenty-five percent of members of the council of ministers are women. 109. competences of the council of ministers the national council of ministers shall be the highest executive authority in the republic. without prejudice to the powers conferred upon the president by this constitution, decisions of the council of ministers shall prevail over all other executive decisions. such decisions shall be adopted by consensus or simple majority. membership of the national council of ministers shall not be combined with membership of a state executive or legislature. 110. functions of the council of ministers the national council of ministers shall have the following functions: general planning and administration of south sudan; approval of the general policies initiated by the respective ministries; overseeing, receiving and discussing reports about the executive and administrative performance of ministries; initiating, negotiating and concluding international, regional, bilateral, and multilateral agreements; receiving reports from governors about executive performance of states for information and coordination with the respective states; receiving reports on matters that are concurrent or residual and deciding whether it is competent to exercise such power in accordance with schedules c and d read together with schedule e herein. if it so decides, it shall notify the respective state of its intention to exercise such power. in case a state objects thereto, a committee shall be set up by the two levels concerned to amicably resolve the matter before resorting to the supreme court; acting as a link between the national government and the states; providing reports upon the request of the national legislative assembly; formulating internal rules, procedures and regulations for the conduct of its business; mobilizing the public to achieve the objectives of government policy and promote public life; implementing legislation and resolutions of the national legislature; formulating and implementing government policies; coordinating the functions and reviewing the performance of the ministries, departments and administrations of the national government; initiating national legislative bills and national budgets; reviewing, annually, the performance of the decentralized system of governance in the republic of south sudan; and performing any other executive function provided for in this constitution or the law. 111. confidentiality of deliberations of the council of ministers deliberations of the national council of ministers shall be confidential; no minister shall disclose, communicate or reveal such deliberations save by permission of the council of ministers. 112. appointment and removal of ministers ministers of the national government shall be appointed and removed from office by the president. appointment of the ministers of the national government shall be approved by a resolution of the national legislative assembly adopted by a simple majority vote of all members. ministers of the national government shall be selected with due regard to the need for inclusiveness based on integrity, competence, ethnic and regional diversity and gender. 113. oath of a minister to assume office, a national minister shall, before the president, take the same oath of a presidential advisor as prescribed in article 107 (2) of this constitution. 114. functions of a minister a minister in the national government shall be the head of his or her ministry and his or her decisions shall prevail therein. however, the national council of ministers may review, amend or cancel such decisions; the president may suspend the decision of a minister pending such review or cancellation. national ministers shall: collaborate and establish good working relations with corresponding ministers at state level in fulfillment of their respective constitutional obligations; perform any public or political role and provide leadership in public affairs to achieve the policy objectives of the national government; and perform or exercise any other function or powers assigned by law or delegation. 115. collective and individual responsibility of ministers a minister of the national government shall be individually answerable to the president, the national council of ministers and the national legislative assembly for the performance of his or her ministry. the national council of ministers shall be collectively answerable to the president and the national legislative assembly in the performance of its functions. ministers of the national government shall be bound by decisions of the council of ministers. 116. contesting ministerial acts any person aggrieved by an act of the national council of ministers or a national minister may contest such act before: the supreme court, if the alleged act involves a violation of this constitution; or any other court of law or competent authority if the allegation is based on other legal grounds. 117. appointment, removal and functions of deputy ministers the president may appoint and remove deputy ministers. the national legislative assembly shall approve the appointment of the deputy ministers by a simple majority of the members present and voting. the deputy ministers shall assist the national ministers in the performance of their functions and duties and shall act in their absence. to assume office, a deputy minister shall, before the president, take the same oath of a presidential advisor as prescribed in article 108 (2) of this constitution. 118. vote of no confidence against a minister the national legislative assembly may, by a resolution supported by a twothirds majority of all its members pass a vote of no confidence against a minister. upon a vote of no confidence being passed against a minister, he or she shall resign or be removed from office by the president. proceedings for a vote of no confidence against a minister shall be regulated by the conduct of business regulations of the assembly. 119. vacancy of the office of a minister or deputy minister the office of a minister or deputy minister of the national government shall fall vacant in any of the following cases: acceptance of a written resignation by the president; removal from office by the president; removal from office by the president on the ground of mental infirmity or physical incapacity based on an official medical commission report; in the case of a minister, resolution of the national legislative assembly, as set forth in article 119 (2) of this constitution; or death. 120. declaration of wealth and prohibition of private business all executive and legislative constitutional office holders, justices, and senior civil service officials at all levels of government shall, upon assumption of their offices, make confidential declaration of their assets and liabilities including those of their spouses and children in accordance with the law. the president, vice president, presidential advisors, ministers, and deputy ministers of the national government, governors, state advisors, state ministers, and other constitutional office holders shall, during their tenure of office, neither practice any private profession, transact commercial business, nor receive remuneration or accept employment of any kind from any source other than the national government or a state government as the case may be. 121. emoluments and remuneration the president and vice president, presidential advisors, ministers, and deputy ministers of the national government, governors, state advisors, state ministers and other constitutional office holders shall be paid such emoluments and other remuneration and, on leaving office, receive such benefits as shall be regulated by law. part seven. the judiciary 122. the judicial power judicial power is derived from the people and shall be exercised by the courts in accordance with the customs, values, norms and aspirations of the people and in conformity with this constitution and the law. judicial power shall be vested in an independent institution to be known as the judiciary. the judiciary shall be responsible for the maintenance of professional standards and training of judicial personnel. the judiciary shall have power to adjudicate on disputes and render judgments in accordance with this constitution and the law. in adjudicating cases of both civil and criminal nature, the courts shall, subject to the law, apply, inter alia, the following principles: justice shall be done to all irrespective of their social¸ political or economic status, gender, religion or beliefs; justice shall not be delayed; adequate compensation shall be awarded to victims of wrongs; voluntary reconciliation agreements between parties shall be recognized and enforced; and substantive justice shall be administered without undue regard to technicalities. there shall be a substantial representation of women in the judiciary having regard to competence, integrity, credibility and impartiality. all organs and institutions, at all levels of government, shall obey and execute the judgments and orders of the courts. the chief justice, as the head of the judiciary, shall be responsible for the administration of the judiciary. the overall administration of the judiciary, its composition and functions shall be prescribed by law in accordance with the provisions of this constitution. 123. structure of the judiciary the judiciary shall be structured as follows: the supreme court; courts of appeal; high courts; county courts; and other courts or tribunals as deemed necessary to be established in accordance with the provisions of this constitution and the law. 124. independence of the judiciary the judiciary shall be independent of the executive and the legislature. the budget of the judiciary, after its approval by the national judicial service commission and assent of the president, shall be charged on the consolidated fund and it shall have the financial independence in the management thereof. the judiciary shall be self-accounting and its finances shall be subject to public audit. the judiciary shall be subject to this constitution and the law which the judges shall apply impartially and without political interference, fear or favour. the executive and legislative organs at all levels of government shall uphold, promote and respect the independence of the judiciary. justices and judges shall be independent in their judicial work, and shall perform their functions without interference. their independence shall be guaranteed by this constitution and the law. justices and judges shall uphold this constitution and the rule of law and shall administer justice without fear or favour; they shall enjoy such immunities as shall be determined by law. justices and judges shall not be affected by their judicial decisions. the salaries, allowances, privileges, post-service benefits, tenure and other conditions and terms of service of judicial officers or other persons exercising judicial powers shall be regulated by law. 125. composition of the supreme court the supreme court shall be the highest court and shall consist of the chief justice, a deputy chief justice and not less than nine other justices. 126. competences of the supreme court the supreme court shall be the custodian of this constitution and the constitutions of the states. the supreme court shall exercise competences as follows: interpret constitutional provisions at the instance of the president, government of south sudan, any state government, or any of the two houses of the national legislature; be the court of final judicial instance in respect of any litigation or prosecution under national or state law, including statutory and customary law; have original jurisdiction to decide on disputes that arise under this constitution and the constitutions of states at the instance of individuals, juridical entities or governments; adjudicate on the constitutionality of laws and set aside or strike down laws or provisions of laws that are inconsistent with this constitution or the constitutions of the states to the extent of the inconsistency; be a court of review and cassation in respect of any criminal, civil and administrative matters arising out of or under the law; have criminal jurisdiction over the president in accordance with article 103 (2) herein; have criminal jurisdiction over the vice president, the speakers of the national legislative assembly and the council of states and the justices of the supreme court; review death sentences imposed by courts in respect of offences committed under the law; receive appeals against decisions and judgments of the courts of appeal; have original and final jurisdiction to resolve disputes between the states and between the national government and a state in respect of areas of exclusive, concurrent or residual competences; uphold and protect human rights and fundamental freedoms; and have such other competences as prescribed by this constitution and the law. the supreme court shall sit in panels of three justices each on all matters; except that when sitting as a constitutional panel it shall consist of not less than nine members of the supreme court and be chaired by the chief justice. decisions of the supreme court shall be taken by majority of justices in each panel. the decisions of the supreme court shall be final and binding. the supreme court shall regulate its functions and procedures in accordance with the law. 127. administrative functions of the chief justice the chief justice: shall be the head of the judiciary and the president of the supreme court, and shall be responsible for the administration and supervision of all courts; and may issue judicial circulars, warrants of establishment and directives to the courts necessary for the proper and efficient administration of justice. when the office of chief justice falls vacant, the deputy chief justice shall perform the functions of the chief justice pending the appointment of a new chief justice. 128. administrative functions of the deputy chief justice the deputy chief justice shall: deputize for the chief justice and act in his or her absence; and perform any other function and duty as may be assigned to him or her by the chief justice. 129. courts of appeal the establishment, composition, competences and procedures of the courts of appeal shall be determined by law. decisions of the courts of appeal shall be appealed against before the supreme court. 130. high courts the establishment, composition, competences, jurisdiction and procedures of high courts shall be determined by law. decisions of the high courts shall be appealed against before the courts of appeal. 131. county and other courts the establishment, composition, competences and procedures of county and other courts at lower levels shall be determined by law. decisions of the county courts shall be appealed against before the high courts. 132. the national judicial service commission there shall be established an independent commission to be known as the national judicial service commission. the structure, composition, functions, and terms and conditions of service of the members and employees of the commission shall be determined by law. 133. appointment of justices and judges the president of the republic shall appoint the chief justice having regard to competence, integrity, credibility and impartiality in accordance with this constitution and the law. the president shall, upon the recommendation of the judicial service commission, appoint the deputy chief justice and justices of the supreme court, justices of the courts of appeal and the judges of the high courts and county courts having regard to competence, integrity, credibility and impartiality in accordance with this constitution and the law. the appointment of the chief justice, deputy chief justice and justices of the supreme court shall be subject to approval by a two-thirds majority of all members of the national legislative assembly. the national legislative assembly shall enact a law to provide for appointments, terms and conditions of service of justices and judges. all justices and judges shall, before assuming their duties, take the oath of office as shall be prescribed by law. 134. discipline of justices and judges discipline of justices and judges shall be exercised by the chief justice with the approval of the judicial service commission. justices and judges may be removed by an order of the president for gross misconduct, incompetence and incapacity and upon the recommendation of the national judicial service commission. part eight. public attorneys and advocacy 135. public attorneys and legal advisors the public attorneys and legal advisors shall be under the national ministry of justice. the minister of justice shall be the chief legal advisor and the prosecuting authority at all levels of government, and shall perform such other functions of legal nature as may be prescribed by law. public attorneys and legal advisors shall advise all levels of government, represent them in public prosecution, litigation, adjudication, and conduct pretrial proceedings. they shall recommend law reform, strive to protect public and private rights, advice on legal issues and shall render legal aid. public attorneys and legal advisors at all levels of government shall perform their duties diligently according to this constitution and the law. without prejudice to the generality of sub-article (2) above, the minister of justice shall be responsible for: drawing up, perusing and recommending approval or otherwise, of such agreements, contracts, treaties, international conventions and instruments to which the government is a party or in respect of which the government has an interest; representing the government in court or any other legal proceedings to which any level of government is a party; drafting legislation, including subsidiary legislation, for the government and; performing such other functions as may be assigned to him or her by the president or the law. all executive institutions and organs of government at all levels shall comply with legal advice duly given by the minister of justice. the functions, immunities, emoluments, and terms and conditions of service of the public attorneys and legal advisors shall be prescribed by law. 136. advocacy advocacy is an independent private legal profession and it shall be regulated by law. advocates shall observe professional ethics, and promote, protect and advance the human rights and fundamental freedoms of citizens. advocates shall serve to prevent injustice, defend the legal rights and interests of their clients, seek conciliation between adversaries and may render legal aid for the needy according to the law. 137. law review commission there shall be established an independent commission to be known as the law review commission. the structure, composition, functions, and terms and conditions of service of the members and employees of the commission shall be determined by law. part nine. the civil service, independent institutions and commissions chapter i. the civil service 138. civil service the national government shall have a civil service consisting of all its employees who shall impartially carry out the functions assigned to them according to the law. civil servants, including the undersecretaries, at all levels of government shall be recruited, appointed and promoted on the basis of educational qualifications, professional training, experience, competence and merit. the law shall determine terms and conditions of service, duties and rights of employees of the civil service. 139. basic values and guidelines for civil service the civil service shall be governed by, inter alia, the following values and principles: a high standard of professional ethics shall be promoted and maintained through focusing on merit and training; efficient, economic and effective use of resources shall be promoted; civil service shall be development oriented; services shall be provided to all persons impartially, fairly, equitably and without bias or discrimination on the basis of religion, ethnicity, region, gender, health status or physical disability; needs of the people shall be appropriately addressed, and the public shall be encouraged to participate in policymaking; civil service shall be accountable to the appropriate level of government; transparency shall be fostered by providing the public with timely, accessible and accurate information; good human-resource management and career-development practices to maximize human potential, shall be inculcated; civil service shall be broadly representative of the people of south sudan, with employment and personnel management practices based on ability, objectivity, fair competition for jobs, and the need to redress any imbalances of the past to achieve broad representation through affirmative action; persons with special needs shall be provided with specialized and appropriate training opportunities; the civil service shall function, and be structured, in accordance with the law; it shall execute the policies of the government; civil servants shall not engage in party politics; no civil servant shall be favored or victimized because of his or her political opinion; any civil servant seeking an elective office shall resign his or her post in the civil service; and all levels of government shall be responsible for the recruitment, appointment, promotion, transfer and dismissal of employees of the civil service in their administrations guided by uniform norms and standards set out in this constitution and the law. the terms and conditions of employment in the civil service shall be regulated by law. 140. the civil service commission there shall be established a civil service commission composed of persons of proven competence, experience, integrity and impartiality. the chairperson, deputy chairperson and members of the commission shall be appointed by the president in accordance with this constitution and the law. the civil service commission shall advise the national government on the formulation and execution of policies related to public service, employment and employees. the commission shall be independent and impartial, and shall exercise its powers and perform its functions without fear, favour or prejudice in the interest of the maintenance of an effective and efficient civil service and a high standard of professional ethics therein. the structure, composition, functions, powers and terms and conditions of service of the chairperson, deputy chairperson, members and employees of the commission shall be regulated by law. 141. employees justice chamber there shall be established a national employees justice chamber which shall be composed of a chairperson, deputy chairperson, and members of proven competence, experience, integrity and impartiality. the chairperson, deputy chairperson and members of the chamber shall be appointed by the president in accordance with this constitution and the law. the chamber shall, without prejudice to the right of resorting to courts or exhausting the proceedings of the civil service commission, be competent to consider and determine grievances from civil service employees. the chamber shall present to the president any recommendations or proposed remedies it deems appropriate to ensure justice. the structure, composition, functions, powers and terms and conditions of service of the chairperson, deputy chairperson, members and employees of the chamber shall be regulated by law. chapter ii. independent institutions and commissions 142 the national government shall establish independent institutions and commissions as provided for by this constitution. such institutions and commissions shall perform their functions and duties impartially and without interference from any person or authority. the national government may establish other institutions and commissions compatible with its powers as it deems necessary to promote the welfare of its people, good governance and justice. the national government shall ensure that at least twenty-five percent of the membership of each of these institutions and commissions shall be women. chapter iii. anti-corruption commission 143. establishment of the anti-corruption commission there shall be established an independent commission to be known as the anti-corruption commission. the chairperson, deputy chairperson and members of the commission shall be appointed by the president with the approval of the national legislative assembly by a simple majority of all the members. the members of the commission shall be persons of high moral character and proven integrity and shall be independent, competent, non-partisan and impartial. they may not be removed from office except with the approval of the national legislative assembly by a two-thirds majority of all members. the structure, composition, functions, powers and terms and conditions of service of the chairperson, deputy chairperson, members and employees of the commission shall be regulated by law. 144. functions of the commission without prejudice to the powers of the ministry of justice in public prosecution, the commission shall, inter alia, perform the following functions: protect public property; investigate and prosecute only cases of corruption; combat administrative malpractices in public institutions; and pursuant to the provisions of article 120 (1) herein, require all persons holding such public offices to make confidential formal declarations of their income, assets and liabilities. without prejudice to sub-article (1) above, the commission shall not have any power to question the decision of any justice, judge or magistrate where such decision was made in the discharge of the judicial functions of his or her office. chapter iv. human rights commission 145. establishment of the human rights commission there shall be established an independent commission to be known as the human rights commission. the chairperson, deputy chairperson and members of the commission shall be appointed by the president with the approval of the national legislative assembly by a simple majority of all members present and voting. the chairperson, deputy chairperson, and members of the commission shall be persons of proven integrity, competence, non-partisan and impartial. the commission shall have power to issue summons or other orders requiring representatives of relevant institutions and other bodies at all levels of government or persons or organizations to appear before it or produce any document or record relevant to any investigation by the commission. the commission may request a government representative or any person or organization to take part in its deliberations if and when necessary. 146. functions of the commission the functions of the commission shall be to: monitor the application and enforcement of the rights and freedoms enshrined in this constitution; investigate, on its own initiative, or on a complaint made by any person or group of persons, against any violation of human rights and fundamental freedoms; visit police jails, prisons and related facilities with a view to assessing and inspecting conditions of the inmates and make recommendations to the relevant authority; establish a continuing programme of research, education and information to enhance respect for human rights and fundamental freedoms; recommend to the national legislative assembly effective measures to promote human rights and fundamental freedoms; create and sustain within society awareness of the provisions of this constitution as the fundamental law of the people of south sudan; educate and encourage the public to defend their human rights and fundamental freedoms against all forms of abuse and violation; formulate, implement and oversee programmes intended to inculcate in the citizens awareness of their civic responsibilities and understanding of their rights and obligations as citizens; monitor compliance of all levels of government with international and regional human rights treaties and conventions ratified by the republic of south sudan; express opinion or present advice to government organs on any issue related to human rights and fundamental freedoms; and perform such other function as may be prescribed by law. the human rights commission shall publish periodical reports on its findings and submit annual reports to the national legislative assembly on the state of human rights and fundamental freedoms. the structure, composition, functions, powers and terms and conditions of service of the chairperson, deputy chairperson, members and employees of the commission shall be regulated by law. chapter v. public grievances chamber 147 there shall be established an independent body to be known as the public grievances chamber. the chairperson, deputy chairperson and members of the chamber shall be appointed by the president from persons of proven integrity, competence and shall be non-partisan and impartial. the structure, composition, functions, powers and terms and conditions of service of the chairperson, deputy chairperson, members and employees of the chamber shall be regulated by law. chapter vi. relief and rehabilitation commission 148 there shall be established an independent commission to be known as the relief and rehabilitation commission. the chairperson, deputy chairperson and members of the commission shall be appointed by the president in accordance with the law. the structure, composition, functions, powers and terms and conditions of service of the chairperson, deputy chairperson, members and employees of the commission shall be regulated by law. chapter vii. demobilization, disarmament and re-integration commission 149 there shall be established an independent commission to be known as the demobilization, disarmament and re-integration commission. the chairperson, deputy chairperson and members of the commission shall be appointed by the president in accordance with this constitution and the law. the structure, composition, functions, powers and terms and conditions of service of the chairperson, deputy chairperson, members and employees of the commission shall be regulated by law. chapter viii. hiv/aids commission 150 there shall be established an independent commission to be known as the hiv/aids commission. the chairperson, deputy chairperson and members of the commission shall be appointed by the president in accordance with the provisions of this constitution and the law. the structure, composition, functions, powers and terms and conditions of service of the chairperson, deputy chairperson, members and employees of the commission shall be regulated by law. part ten. armed forces, law enforcement agencies and security chapter i. armed forces 151. composition, status, mission and duties the sudan people’s liberation army shall constitute the national armed forces of the republic of south sudan. the sudan people’s liberation army shall be transformed into the south sudan armed forces, and shall be non-partisan, national in character, patriotic, regular, professional, disciplined, productive and subordinate to the civilian authority as established under this constitution and the law. no person or persons shall raise any armed or paramilitary force in south sudan except in accordance with this constitution and the law. the mission of the national armed forces, in addition to its other national duties, shall be to: uphold this constitution; defend the sovereignty of the country; protect the people of south sudan; secure the territorial integrity of south sudan; defend south sudan against external threats and aggression; and be involved in addressing any emergencies, participate in reconstruction activities, and assist in disaster management and relief in accordance with this constitution and the law. the law shall stipulate the conditions in which the civilian authority may resort to the engagement of the armed forces in missions of non-military nature. the national armed forces shall respect and abide by the rule of law and respect the will of the people, the civilian authority, democracy, basic human rights and fundamental freedoms. the national armed forces shall not have any internal law and order mandate except as may be requested by the civilian authority when necessity so requires. military service, military courts and military legal services shall be regulated by law. 152. code of conduct for the armed forces there shall be a code of conduct for the national armed forces that shall: be informed by their military doctrine; make a clear distinction between the military and partisan political functions; underline the principle that the national armed forces shall not be used as an instrument of physical intimidation of the civilian population; make a clear distinction between the military and the policing mandate; and make clear that all members of armed forces shall not be involved in illicit activities that may affect the environment and natural resources. 153. command and control the president of the republic of south sudan shall be the commander-in-chief of the national armed forces. the commander-in-chief shall commission, promote, retire or dismiss officers of the national armed forces according to the law. the structure, command, control and terms and conditions of service of the national armed forces shall be prescribed by law. 154. command council there shall be established a consultative body which shall be known as the national armed forces command council. the composition, functions and duties of the command council shall be prescribed by law. chapter ii. law enforcement agencies 155. the police service there shall be a police service to be known as the national police service which shall be a decentralized professional service. the mission of the police service shall be to: prevent, combat and investigate crime, maintain law and public order, protect the people and their properties; and uphold and enforce this constitution and the law. the police service shall be organized at the national and state levels; its organization, structure, functions, powers, terms and conditions of service shall be regulated by law. the police service shall be headed by an inspector-general of police appointed by the president after approval of the council of ministers upon the recommendation of the minister in charge. the national police service shall be responsible for the maintenance of professional standards and the recruitment, training, deployment and transfer of police officers throughout south sudan. the police of south sudan shall be governed by this constitution and the law. it shall respect the will of the people, the rule of law and order, civilian authority, democracy, human rights, fundamental freedoms and execute judicial orders. the police at the national level and their counterparts at the state level shall coordinate, cooperate and assist each other in the discharge of their functions and duties, and to that end, shall recommend, through their respective authorities to the president of south sudan the establishment of such necessary mechanisms. 156. the prisons service there shall be a prisons service to be known as the national prisons service and it shall be a decentralized professional service. the mission of the prisons service shall be correctional, reformative and rehabilitative. it shall respect the will of the people, the rule of law and order, civilian authority, democracy, human rights and fundamental freedoms. the prisons service shall be organized at the national and the state levels. the prisons service shall be headed by a director-general appointed by the president after approval of the council of ministers upon the recommendation of the minister in charge. the national prisons service shall be responsible for the maintenance of professional standards and the recruitment, training, deployment and transfer of prison officers throughout south sudan. the functions of prisons service shall, inter alia, be to manage, operate and maintain the prisons of south sudan, and to administer the internment and care for the health and general welfare of prisoners and inmates. prisons authorities shall treat prisoners humanely. any treatment that is cruel, inhuman, degrading of the dignity of prisoners or that may expose their health to danger is prohibited and punishable by law. organization, powers, terms and conditions of service of the prisons service shall be prescribed by law. 157. the wildlife service there shall be established a wildlife service to be known as the national wildlife service and it shall be a decentralized professional service. the mission of the wildlife service shall be to protect the wildlife and to preserve and conserve the natural habitat of flora and fauna of south sudan. the wildlife service shall be organized at the national and the state levels. the wildlife service shall be headed by a director-general of wildlife appointed by the president after approval of the council of ministers upon the recommendation of the minister in charge. the national wildlife service shall be responsible for the maintenance of professional standards and the recruitment, training, deployment and transfer of wildlife officers throughout south sudan. the wildlife service shall coordinate and cooperate with the local communities on the protection and management of wildlife within their areas. the wildlife service shall act in accordance with this constitution and the following guiding principles: the conservation and protection of the natural ecosystems, bio-diversity and endangered species shall be the primary consideration in carrying out its duties; consistent with the provisions of this constitution and the law, the wildlife service shall manage wildlife resources in a manner that will ensure the protection of human life; and wildlife shall be protected and managed in accordance with the international standards and obligations. the wildlife service shall respect the will of the people, the rule of law, civilian authority, democracy, human rights, fundamental freedoms and the protection of animals in accordance with the law. the organization, functions, powers and terms and conditions of service of the wildlife service shall be regulated by law. 158. the fire brigade service there shall be a fire brigade service to be known as the national fire brigade service and it shall be a decentralized professional service. the mission of the fire brigade service shall be to prevent and protect the people of south sudan and their property from fire and disasters. the fire brigade service shall be organized at all levels of government. the fire brigade service shall be headed by a commissioner of fire brigade appointed by the president after approval of the council of ministers upon the recommendation of the minister in charge. the national fire brigade service shall be responsible for the maintenance of professional standards and the recruitment, training, deployment and transfer of fire brigade officers throughout south sudan. the organization, functions and terms and conditions of service of the fire brigade service shall be regulated by law. chapter iii. national security 159. guiding principles of national security national security shall: be subject to the authority of this constitution and the law; be subordinate to the civilian authority; respect the will of the people, the rule of law, democracy, human rights and fundamental freedoms; reflect the diversity of the people of south sudan in its recruitment; and be professional and its mandate shall focus on information gathering, analysis and advice to the relevant authorities. 160. national security service there shall be established a security service which shall be known as the national security service. the national security service shall have two operational organs, to be known as: the internal security bureau; and the general intelligence bureau; each of the operational organs shall be headed by a director-general appointed by the president with the approval of the security council upon the recommendation of the minister in charge. the two operational organs shall be under a minister in the office of the president who shall report to and be directly accountable to the president. the national security service shall be charged with the internal and external security of the country and its people. the structures, mission, mandate, functions of the service, and the terms and conditions of service of its personnel shall be prescribed by law. 161. national security council and committees there shall be established at the national level a national security council, the composition and functions of which shall be determined by law. the national security council shall define the national security strategy based on the analysis of all threats to security of south sudan. there shall be established at the state and county levels security committees; their composition and functions shall be prescribed by law. part eleven. the states, local government and traditional authority chapter i. states of south sudan 162. general provisions the territory of south sudan is composed of ten states governed on the basis of decentralization. the constitutions of the states shall conform to this constitution. state boundaries shall not be altered except by a resolution of the council of states approved by two-thirds of all members. names of states and their capital towns shall not be altered except by a resolution of the council of states approved by a simple majority of all members on the recommendation of the relevant state assembly. 163. state organs there shall be legislative and executive organs at each state level; they shall function in accordance with this constitution and the relevant state constitution. each state shall have exclusive executive and legislative competences as set forth in schedule b of this constitution. each state shall have concurrent and residual executive and legislative competences as set forth in schedules c and d, read together with schedule e herein. each state government shall exercise such other powers as shall promote the welfare of the people of that state and to protect their human rights and fundamental freedoms as are provided for in this constitution. each state shall organize, promote and empower the local government institutions in accordance with the provisions of this constitution and its constitution and the law. elections to the local government institutions shall be organized and conducted by the national elections commission in accordance with the provisions of this constitution and the law. in fulfillment of the principle of affirmative action, women shall be allocated at least twenty-five per cent of the seats and positions in each legislative and each executive organ of each state, without prejudice to their right to compete for the remaining seats and positions in such organs. 164. state legislative assembly the existing state legislatures shall be known as state legislative assemblies. they shall comprise of the current elected members. each state legislative assembly shall adopt a draft amended state constitution to become its state transitional constitution, provided that it shall be in conformity with this constitution. each state legislative assembly shall have law-making competence in respect of the functional areas listed in schedules b, c and d read together with schedule e herein, and such other legislative competences as are conferred upon the state by this constitution, the state constitution, and the law. a state legislative assembly may, in accordance with the state transitional constitution, pass a vote of no confidence in the governor by three quarters majority of all its members; if the state legislative assembly passes a vote of no confidence as stated in paragraph (a) above, the president shall act upon such a vote in accordance with article 101 (s) herein; and shall call a snap election; if the governor who was subjected to the vote of no-confidence is reelected, the state legislature shall be deemed to have been dissolved. a new state legislature shall be elected within sixty days to complete the tenure of the dissolved legislature; and a vote of no confidence in the governor shall not be passed before he or she completes twelve months in office. the term of a state legislative assembly shall be five years; and notwithstanding sub article 5 (a) above, during the transitional period term of a state legislative assembly shall be four years from july 9, 2011. governors, members of state legislative assemblies and the state councils of ministers shall have such immunities as are provided by law. each state legislative assembly shall make its own conduct of business regulations, establish its committees and elect its speaker and other officers. 165. state executive there shall be a governor for each state elected by the residents of that state in compliance with the requirements prescribed by the national elections commission and in accordance with this constitution and the relevant state constitution. the governor of each state shall be the head of the executive organ in the state and shall appoint and relieve the deputy governor, state advisors, and state ministers in consultation with the president and in accordance with the state constitution. the deputy governor may assume the portfolio of a minister other than the minister of finance, and shall act as governor in the absence of the governor. state ministers shall be individually and collectively answerable to the governor and the state legislative assembly in the performance of their functions. a state minister may be removed by the governor; or on a motion supported by two-thirds of all the members of the state legislative assembly. the state executive shall exercise the executive competences of the state in respect of the functional areas in schedules b, c and d read together with schedule e, as conferred by this constitution and the state constitution and such other executive powers as may be prescribed by law. chapter ii. local government 166. local government pursuant to article 47 (c) of this constitution and the state constitutions, the states shall enact laws for the establishment of a system of local government based on urban and rural councils for which they shall provide structures, composition, finance and functions. without prejudice to the provisions of sub-article (1) above and for the purposes of the initial establishment of a local government system, and in order to set common standards and criteria for the organization of local government, the national government shall enact the necessary legislation. the president shall establish a local government board under his or her office to review the local government system and recommend the necessary policy guidelines and action in accordance with the decentralization policy enshrined in this constitution. without prejudice to the existing forms of the local government structures, local government councils shall be established by law taking into account but not limited to the following criteria: size of territory; population; economic viability; common interest of the communities; and administrative convenience and effectiveness. local government tiers shall consist of county, payam and boma in the rural areas, and of city, municipal and town councils in the urban areas. the objects of local government shall be to: promote self-governance and enhance the participation of people and communities in maintaining law and order and promoting democratic, transparent and accountable local government; establish the local government institutions as close as possible to the people; encourage the involvement of communities and community based organisations in the matters of local government, and promote dialogue among them on matters of local interest; promote and facilitate civic education; promote social and economic development; promote self-reliance amongst the people through mobilisation of local resources to ensure the provision of health and educational services to communities in a sustainable manner; promote peace, reconciliation and peaceful coexistence among the various communities; ensure gender mainstreaming in local government; acknowledge and incorporate the role of traditional authority and customary law in the local government system; involve communities in decisions relating to the exploitation of natural resources in their areas and promote a safe and healthy environment; and promote and support the training of local cadres. local governments shall have powers to levy, charge, collect and appropriate fees and taxes in accordance with the law. the national government may pay grants-in-aid to states in support of their budgetary deficits and that of local government councils. 167. traditional authority the institution, status and role of traditional authority, according to customary law, are recognised under this constitution. traditional authority shall function in accordance with this constitution, the state constitutions and the law. the courts shall apply customary law subject to this constitution and the law. 168. role of traditional authority legislation of the states shall provide for the role of traditional authority as an institution at the local government level on matters affecting local communities. legislation at the national and state levels shall provide for the establishment, composition, functions and duties of councils for traditional authority leaders. part twelve. finance and economic matters chapter i. guiding principles for development and equitable sharing of national wealth 169 the national government shall promote, support and encourage decentralized broad based and balanced and participatory economic development based on the principle of subsidiarity and devolution of governmental functions and powers to the appropriate levels where the people can best manage and direct their own affairs. equitable economic development shall be based, inter alia, on the agricultural and agro-industrial sectors, and promotion of private sector conducted in accordance with the best known practices of sustainable development within a framework of transparent and accountable governance. the national government shall promote and encourage the participation of the people in the formulation of its development policies and programmes. the national government shall endeavour to build institutional, human, social and economic capacity, develop infrastructure and social services and raise the standard of public services to attain the millennium development goals. the sharing and allocation of resources and national wealth shall be based on the premise that all states, localities and communities are entitled to equitable development without discrimination as shall be regulated by law. national wealth and other resources shall be allocated in a manner that will enable each level of government to discharge its legal and constitutional responsibilities and duties and ensure that the quality of life and dignity of all the people are promoted without discrimination on grounds of gender, religion, political affiliation, ethnicity, language or locality. the national government shall fulfill its obligations to provide financial transfers to all levels of government, and shall, except as otherwise provided herein, apportion revenue equitably among the states and local governments as shall be determined by law. revenue sharing shall reflect a commitment to devolution of powers and decentralization of decision-making in regard to development, service delivery and good governance. all taxes and duties set out in this constitution shall be regulated by law to ensure coordination, fairness, equity, transparency and to avoid an excessive tax burden and tax incident on the citizens, private sector and investors. no level of government shall unduly withhold any allocation or financial transfer due to another level of government. in case of dispute, any level of government, after attempting amicable solution, may initiate proceedings before the supreme court. chapter ii. land ownership, tenure and natural resources 170. land ownership all land in south sudan is owned by the people of south sudan and its usage shall be regulated by the government in accordance with the provisions of this constitution and the law. notwithstanding sub-article (1) above, and the provisions of article 28 of this constitution, the government at all levels, may expropriate land in the public interest as shall be prescribed by law. 171. land tenure the regulation of land tenure, usage and exercise of rights thereon shall be governed by this constitution and the law. without prejudice to sub-article (4) below, the land tenure system in south sudan shall consist of: public land; community land; and private land. public land shall include, but not be limited to: all land owned, held or otherwise acquired by any level of government as defined by law; and all land which is not otherwise classified as community or private. regardless of the classification of the land in question, rights over all subterranean and other natural resources throughout south sudan, including petroleum and gas resources and solid minerals, shall belong to the national government and shall be regulated by law. community land shall include all lands traditionally and historically held or used by local communities or their members. they shall be defined, held, managed and protected by law. private land shall include: registered land held by any person under leasehold tenure in accordance with the law; investment land acquired under lease from the government or community for purposes of social and economic development in accordance with the law; and any other land designated as private land by law. rights in land and resources owned, held or otherwise acquired by the government shall be exercised through the appropriate or designated level of government which shall recognize customary land rights under customary land law. all levels of government shall institute a process to progressively develop and amend the relevant laws to incorporate customary rights and practices and local heritage. communities and persons enjoying rights in land shall be consulted in decisions that may affect their rights in lands and resources. communities and persons enjoying rights in land shall be entitled to prompt and equitable compensation on just terms arising from acquisition or development of land in their areas in the public interest. 172. land commission there shall be established an independent commission to be known as the land commission, and it shall be composed of persons of proven competence, experience, integrity and impartiality. the chairperson, deputy chairperson and members of the commission shall be appointed by the president in accordance with this constitution and the law. the structure, composition, functions, powers and terms and conditions of service of the chairperson, deputy chairperson, members and employees of the commission shall be regulated by law. chapter iii. petroleum and gas development and management 173. guiding principles for petroleum and gas development and management ownership of petroleum and gas shall be vested in the people of south sudan and shall be developed and managed by the national government on behalf of and for the benefit of the people. petroleum and gas development and management shall be guided by the following principles: safeguarding national interests; creating lasting benefits for society; promoting efficient and sustainable resource management; using oil revenues to develop other sectors of the economy, especially agriculture; ensuring transparency and accountability; promoting fair competition to increase productivity and efficiency in the petroleum and gas sector; promoting balanced and equitable development; creating a secure and healthy investment environment; protecting the environment and biodiversity; building the capacity of south sudanese within the petroleum and gas sector; establishing oil infrastructure within south sudan, such as pipelines, refineries, storage, processing and transport facilities; safeguarding interests of future generations; ensuring accountability for violations of human rights and degradation to the environment caused by petroleum and gas-related operations; and ensuring restoration of land and resources affected by development and management. 174. national petroleum and gas commission a national petroleum and gas commission shall be established as a policymaking body with respect to petroleum and gas resources as shall be regulated by law. the national petroleum and gas commission shall report to the president and the national legislative assembly and council of states. the national petroleum and gas commission shall consist of relevant national ministries, other relevant institutions, and representatives of oil producing states appointed by the president in accordance with the law. the chairperson, deputy chairperson and members of the commission shall be appointed by the president with the approval of the national legislative assembly. the structure, composition, functions, powers, terms and conditions of service of the chairperson, deputy chairperson, members and employees of the commission shall be regulated by law. 175. ministry in charge of petroleum and gas the ministry in charge of petroleum and gas shall be the policy implementing body of the government with respect to petroleum affairs. it shall act in accordance with this constitution and the law. the functions of the ministry shall include: negotiating all oil contracts for the exploration and development of oil and ensuring that they are consistent with its principles, policies and guidelines; initiating legislation, rules, and regulations regarding the petroleum and gas sector; managing the relations of the government with petroleum and gas companies operating in south sudan; formulating strategies and programmes for the development and management of the petroleum and gas sector; developing the necessary technical cadres for the petroleum and gas sector; in consultation with affected communities, ensuring that all petroleum and gas projects be subjected to environmental and social impact assessment; and signing contracts on behalf of the government upon the approval of the national petroleum and gas commission. 176. national petroleum and gas corporation there shall be established a national petroleum and gas corporation which shall participate in the upstream, midstream and downstream activities of the petroleum and gas sector on behalf of the national government. its structure, management, and functions shall be determined by law. chapter iv. sources of revenue 177. sources of revenue for the national government there shall be established a national revenue authority. its structure, composition and functions shall be regulated by law. the national government shall legislate for raising revenue or collecting taxes from the following sources: petroleum, gas/oil, mineral, and other natural resources; national personal income tax; corporate and business profit tax; customs duties and import taxes; airports, rail, road, and river transport revenue; service charges, fees and fines; national government enterprises and projects; value added tax or general sales tax on goods and services; excise duties; loans and borrowing from the bank of south sudan and the public; grants-in-aid and foreign financial assistance; fees from nationality, passports, immigration and visas; royalties; and any other tax or revenue as may be determined by law. 178. national oil revenue the national government oil revenue shall derive from the net oil revenue after payment to the oil revenue stabilization account. the two percent payable to the oil producing states shall be increased to five percent and shall be allocated as follows: two percent shall be allocated to the states; and three percent to the communities, the above allocations shall be regulated by law. an oil revenue stabilization account shall be established from government oil net revenue derived from actual export sales above an agreed benchmark price. the benchmark price will be established annually as part of the national budget. the national government shall establish a future generation fund from its share of net oil revenue. 179. sources of revenue of the states the states shall legislate for raising revenue or collecting taxes from the following sources: state land and property tax and royalties; service charges for state services; licences issued by the state; state personal income tax; levies on tourism; at least two percent of net oil and other mineral revenues for each producing state; state government projects; stamp duties; agricultural production taxes; grants-in-aid and foreign aid; excise duties; other state taxes, which are not within the exclusive jurisdiction of the national government; loans and borrowing in accordance with article 184 (2) and (3) of this constitution; and any other tax as may be determined by law. chapter v. fiscal and financial institutions 180. national revenue fund all revenue collected for or by the national government shall be pooled in a national revenue fund administered by the ministry of finance. such fund shall embrace all accounts and sub-funds into which monies due to the national government are collected, deposited and reported. all the revenue and expenditure of each level of government shall be onbudget operations and made public as the case may be. any withdrawals from the national revenue fund shall not be made except in accordance with the law. the criteria and conditions for allocation of revenue to the states shall be determined by law. 181. fiscal and financial allocation and monitoring commission there shall be established an independent commission to be known as the fiscal and financial allocation and monitoring commission, to ensure transparency and fairness in regard to the allocation of funds collected at the level of the national government to the states and local governments. the commission shall undertake the following duties and responsibilities: recommend criteria for allocation of national revenue to the state and local government levels; ensure and monitor that grants from the national revenue fund are promptly transferred to the respective levels of government; guarantee appropriate sharing and utilization of financial resources at the state and local government levels; safeguard transparency and fairness in the allocation of funds to the state and local government levels; monitor allocation and utilization of grants to and by the state and local government levels; and perform any other function as may be prescribed by law. the commission shall submit a quarterly report to the president and the national legislative assembly and the council of states about its performance, and the president shall take appropriate remedial action to resolve any problems affecting the work of the commission. the president shall appoint the chairperson, deputy chairperson, and members of the commission. the structure, composition, functions, powers and terms and conditions of service of the chairperson, deputy chairperson, members and employees of the commission shall be regulated by law. chapter vi. banking in south sudan 182. establishment of the bank of south sudan there shall be established a central bank in south sudan to be known as the bank of south sudan to provide for banking services in accordance with this constitution and the law. the bank shall be an independent corporate legal entity. the bank of south sudan shall be responsible for the formulation, conduct and implementation of monetary policy. the bank of south sudan shall use the market-based banking instruments developed by the bank to regulate and supervise the implementation of the national monetary policy in south sudan in relation to the following: formulating monetary policy; issuing currency; promoting and maintaining price stability; maintaining a stable exchange rate; maintaining sound, effective and efficient banking and credit system; chartering and supervising financial institutions in south sudan; and performing any other function as may be prescribed by law. the bank of south sudan shall be independent in the performance of its functions and the exercise of its powers. all financial institutions shall be subject to rules and regulations set by the bank of south sudan as well as to internationally recognised regulatory and prudential standards for finance. all financial institutions shall be bound to implement monetary policies set by the bank of south sudan. the bank of south sudan shall be headed by a governor and assisted by two deputy governors, appointed by the president and approved by two-third majority of members of the national legislative assembly present and voting. the governor of the bank of south sudan shall appoint other senior officers within the bank of south sudan in consultation with the board of directors and in accordance with the law. there shall be established a board of directors for the bank of south sudan appointed by the president. it shall consist of nine members as follows: governor of the bank of south sudan, chairperson; two deputies of the governor, members; and six non-executive, highly qualified, competent and experienced south sudanese who are not employees of the bank, members. the board of directors shall be the highest policy-making body of the bank and shall be responsible to the president. decisions of board of directors on matters that may affect adversely the interests of the clientele shall be by consensus. the tenure and terms and conditions of service of the governor, deputy governors, members of the board of directors and other officials of the bank shall be prescribed by law. 183. circulating currencies in south sudan the bank of south sudan shall have the exclusive right to issue a currency to be the legal tender of south sudan, the design of which shall reflect the historical and cultural diversity of the country. until a new currency is issued on the recommendation of the bank of south sudan, the circulating currency in south sudan shall be recognized as a legal tender. 184. borrowing the national and state governments may borrow money with the approval of their respective legislatures. the appropriate legislature may by law exempt any categories of loans from the requirement of approval and in this case determine the extent of the money value of the loan subject to such conditions as it may prescribe; and neither the national government nor the bank of south sudan shall guarantee borrowing by any state government without their prior approval. the national and state governments may borrow money from foreign sources depending on their respective credit worthiness. foreign borrowing by the governments of the states shall be in a manner that does not undermine national macro-economic policies and shall be consistent with the objective of maintaining external financial viability. all foreign borrowing transactions of national and state governments shall conform to the specifications of the bank of south sudan. the national and state governments shall report financial and fiscal data relating to such loans to the bank of south sudan for statistical purposes. chapter vii. accounting standards 185. accounting procedures, standards and fiscal accountability all levels of government shall comply with the established and generally accepted accounting procedures, standards and fiscal accountability to ensure that public funds are allocated and expended according to the budget of the respective level of government. all levels of government shall hold all income and revenue received in public accounts and subject to public scrutiny and accountability. the accounting procedures, standards and fiscal accountability shall be regulated by law. 186. national audit chamber there shall be established an independent institution to be known as the national audit chamber, consisting of persons of proven professional competence, experience, integrity and impartiality. the national audit chamber shall set auditing standards for the whole country and supervise the financial performance of all levels of government, including revenue collection and expenditure, in accordance with the budgets approved by their respective legislatures. the president, with the approval of a two-third majority of all members of the national legislative assembly, shall appoint from qualified professionals the national auditor general who shall be the head of the national audit chamber. to assume office, the national auditor general shall take oath before the president. the office of the national auditor general shall fall vacant under the following circumstances: removal from office by the president on the following grounds: serious violations of the constitution or any other law; gross misconduct, whether in performance of his or her office functions or otherwise; physical and mental incapacity to perform the functions of office; incompetence or inefficiency; and bankruptcy; resignation; by a resolution of two third majority of members of national legislative assembly present and voting; or death. the national auditor general shall be accountable to the president for the performance of the chamber. the national audit chamber shall assume auditing of the accounts of the national, state and local government levels, independent commissions, public institutions and corporations and any other institutions as may be determined by law. the national auditor general shall present an annual report to the president and the national legislative assembly or the council of states, as the case may be. the national auditor general and senior officials of the national audit chamber shall be prohibited from engaging in all businesses in which constitutional office holders are not allowed to engage, pursuant to article 120 (2) of this constitution. the law shall organize the national audit chamber and shall specify the tenure, functions, and terms and conditions of service of the national auditor general and the employees of the chamber. chapter viii. interstate trade, commerce and liabilities and assets 187. interstate trade and commerce free interstate trade and commerce are guaranteed by this constitution. no legislation or level of government shall impede interstate commerce, the flow of goods and services, capital or labour between the states and local governments. there shall be no levies, taxes or fees or any other charges on interstate trade and commerce. 188. government liabilities and assets any debt or liability incurred by any level of government shall be the responsibility of that level of government. there shall be a fair and equitable division of government assets. an asset shall in the first instance be allocated to the level of government responsible for the function in respect of which the asset is related. in the event of a dispute, such dispute shall be referred to a committee consisting of a representative of each of the parties involved in the dispute and a mutually agreed expert. the decision of the committee shall be final and binding. part thirteen. state of emergency and declaration of war 189. declaration of a state of emergency the president, may upon the occurrence of an imminent danger, whether it is war, invasion, blockade, natural disaster or epidemics, as may threaten the country, or any part thereof or the safety or economy of the same, declare a state of emergency in the country, or in any part thereof, in accordance with this constitution and the law. the declaration of a state of emergency shall be submitted to the national legislature within fifteen days of the issuance of the declaration. when the national legislature is not in session, an emergency session shall be convened. when the national legislature approves the declaration of a state of emergency, all laws, orders or measures issued or taken by the president pursuant to the state of emergency shall continue to remain in force. 190. powers of the president in a state of emergency during a state of emergency, the president may, by law or orders, take any measures that shall not derogate from the provisions of this constitution except as provided herein: to suspend part of the bill of rights; however, there shall be no infringement on the right to life, prohibition against slavery, prohibition against torture, the right of non-discrimination on the basis of race, sex, religious creed, the right to litigation or the right to fair trial; to dissolve or suspend any institution of the national executive; to dissolve or suspend any of the state organs or suspend such powers conferred upon the states under this constitution; and to take any such measures as deemed necessary to the state of emergency, which shall have the force of law. 191. duration of a state of emergency the duration of the measures relating to the state of emergency shall expire in the following cases: lapse of thirty days as from the date of issuance of the declaration if the national legislature does not approve by a resolution the extension of its duration; lapse of the duration approved by the national legislature; or issuance of a declaration by the president lifting the state of emergency. 192. declaration of war the president shall declare war whenever the country is under external aggression and such declaration shall be legal and enforceable subject to approval of the national legislature by two-thirds of all the members. the declaration of war shall be submitted to the national legislature within seventy-two hours of the issuance of the declaration if the national legislature is in session. if the national legislature is not in session, an emergency session shall be convened and the declaration shall be submitted within fourteen days of its issuance. part fourteen. census, referenda and elections chapter i. census and statistics 193. the national bureau of statistics there shall be a national bureau of statistics. the national bureau of statistics shall be an independent statistics bureau authorized, inter alia, to: collect, compile, analyze and publish all official statistical information on economic, social, demographic, environmental and general activities and conditions of the people of south sudan; conduct all censuses and surveys that are carried out throughout south sudan; monitor and evaluate social impacts of public policies, projects and programmes; and monitor the progress of poverty alleviation and the attainment of the millennium development goals. the president shall appoint a board of directors and the director-general of the bureau. the board shall be the highest policy-making body of the national bureau of statistics; it shall formulate policies and set its internal regulations, priorities, standards and criteria for all the censuses and surveys to be carried out in south sudan. the organization, structure and powers of the bureau, and terms and conditions of service of its personnel shall be regulated by law. 194. population census the national government shall during the transitional period conduct a population census the outcome of which shall, inter alia, determine the number of electoral constituencies for the next general elections. chapter ii. referenda 195 pursuant to schedule a (30) herein, the president, or the national legislature, through a resolution passed by more than half of all its members, may refer for a referendum any matter of public interest. any matter submitted for a referendum shall be deemed to have been approved by the people of south sudan if it has obtained more than half of the number of votes cast. any matter which has been approved by the people of south sudan in a referendum shall have authority above any legislation. it shall not be annulled save by another referendum. chapter iii. elections 196. running for elections whoever runs in any election shall respect and abide by this constitution and the law. 197. the national elections commission there shall be established within one month after enactment of the national election law, an independent commission which shall be known as the national elections commission. there shall be enacted a national elections law within three months following the adoption of this constitution. the chairperson, deputy chairperson, and members of the commission shall be persons of proven integrity, competence, non-partisan and impartial, and shall be appointed by the president in accordance with the provisions of this constitution and the law. the structure, composition, functions, powers and terms and conditions of service of the chairperson, deputy chairperson, members and employees of the commission shall be regulated by law. part fifteen. miscellaneous provisions 198. coming into force of this constitution this constitution shall be assented to and signed by the president of the government of southern sudan, and shall come into force on july 9, 2011. 199. amendment of this constitution this constitution shall not be amended unless the proposed amendment is approved by two-thirds of all members of each house of the national legislature sitting separately and only after introduction of the draft amendment at least one month prior to the deliberations. 200. continuity of laws and institutions all current laws of southern sudan shall remain in force and all current institutions shall continue to perform their functions and duties, unless new actions are taken in accordance with the provisions of this constitution. part sixteen. transitional provisions and the permanent constitution process chapter i. transitional provisions 201 upon the declaration of independence and statehood of the republic of south sudan, on july 9, 2011, the president of the government of southern sudan shall: assent to and sign into law the amended interim constitution of southern sudan, 2005, after its adoption by the southern sudan legislative assembly, which shall thereafter be known as the transitional constitution of the republic of south sudan, 2011; be sworn in as the president of the republic of south sudan in the same ceremony; establish the council of states in accordance with the provisions of article 94 (3) of this constitution; and convene the national legislature in accordance with the provisions of this constitution. this constitution shall remain in force until the adoption of a permanent constitution. chapter ii. permanent constitution process 202. national constitutional review commission there shall be established by the president of the republic a commission to be known as national constitutional review commission within six months from coming into force of this constitution. the president of the republic shall, after consultation with the political parties, civil society and other stakeholders appoint the chairperson, deputy chairperson and members of the commission. the term of reference of the commissions, its procedures shall be detailed out in the instrument of the appointment. the commission shall submit its report to the president after one year of its establishment. *the transitional constitution of south sudan, 2011 (amendment) act, 2013: the mandate and tenure of the commission is hereby extended for a period beginning from 10th january, 2013 to 31st december, 2014. upon completion of its work the commission shall be considered dissolved. the commission shall be established with due regard for gender, political, social and regional diversity of south sudan in recognition of the need for inclusiveness, transparency and equitable participation. each member of the commission shall have the requisite competence and technical expertise and experience to contribute to fulfilling the mandate of the commission. the commission shall review the transitional constitution and collect views and suggestions from all the stakeholders including any changes that may need to be introduced to the current system of governance. the commission may seek the assistance of other experts. the commission shall conduct a nation-wide public information programme and civic education on constitutional issues. the commission shall adopt its own rules of procedure. the commission shall adopt and present the draft constitutional text and an explanatory report to the president one year after its formation. *the transitional constitution of south sudan, 2011 (amendment) act, 2013: the commission shall adopt and present the draft constitutional text and an explanatory note to the president within a period not extending beyond 31st december, 2014. the president after receiving the draft constitutional text and the explanatory report shall present the same to the constitutional conference as established below for deliberation. *the transitional constitution of south sudan, 2011 (amendment) act, 2013: the president, within three months of receiving the draft constitutional text and explanatory note from the national constitutional review commission shall present the same to the constitutional conference as established below for deliberation. 203. national constitutional conference upon the presentation of the draft constitutional text and explanatory report by the commission, the president of the republic shall, after consultation with relevant stakeholders, constitute and convene a national constitutional conference comprising delegates representing the following categories: political parties; civil society organizations; women organizations; youth organizations; faith-based organizations; people with special needs; traditional leaders; war widows, veterans and war wounded; business leaders; trade unions; professional associations; the academia; and other categories to be determined. each of the categories in sub-article (1) above shall nominate its delegates and present them to the president for appointment to the national constitutional conference. the national constitutional conference shall: formulate its rules of procedure; deliberate on the draft constitutional text; keep the public informed of its proceedings which shall be conducted in a transparent manner and open to the media; and approve and pass the draft constitutional text by simple majority of all the delegates. submit the draft constitutional text to the president within six months. a judge of the supreme court of south sudan shall be the chairperson of the national constitutional conference. the conference shall have a secretariat. the national constitutional conference shall commence its work as soon as it receives the draft constitutional text and the explanatory report from the president. the national constitutional conference shall approve the draft constitutional text and the explanatory report and the conference shall thereafter be considered dissolved. the president shall, upon receipt of the draft constitutional text, cause the same to be tabled before the national legislature, at least one year before the end of the transitional period, for deliberation and adoption within three months. *the transitional constitution of south sudan, 2011 (amendment) act, 2013: the president shall, within three months of the receipt of the draft constitutional text from the constitutional conference, cause the same to be tabled before the national legislature for deliberation and adoption within twelve months. the speaker of the national legislature shall thereafter present the adopted constitution to the president for assent and signature. schedule (a). national powers the exclusive legislative and executive powers of the national government shall be as follows: the adoption or amendment of the national constitution; national defence, national security and protection of the national borders; foreign affairs and international representation; nationality and naturalization; passports and visas; immigration and aliens; currency, coinage and exchange control; the judiciary; national police; establishment and maintenance of national prisons, wildlife and the fire brigade services; postal services; civil aviation; regulation of airspace; river transport; beacons; navigation and shipment; national lands and national natural resources; central bank, the incorporation of commercial banks, issuing of currency, and regulation of banking system and insurance policy; bills of exchange and promissory notes; weights, measures and standards, dates and standards of time; meteorology; national institutions; customs, excise and export duties; intellectual property rights; international, regional and bilateral treaties and conventions; state of emergency; international and inter-state transport, including roads, airports, waterways, river ports and railways; national museums and national heritage sites; the management of the nile waters, trans-boundary waters, national rivers and lakes; elections and referenda at all levels of government; regulation of political parties; security and military forces; borrowing; national planning; appointments and emoluments of national constitutional post holders; the determination of salary structure and allowances for public sector employees including the fixing of the minimum wage for both the public and private sectors; regulation of national civil service; development of financial resources for the national government; the co-ordination of services or the establishment of minimum national standards or uniform norms in respect of any matter or service referred to in schedule b or schedule c, read together with schedule d, with the exception of item 1 of schedule b; national taxation and revenue; national budgets; national public utilities; national flag, emblem, anthem, coat of arms and medals; national reconstruction and development; telecommunications, and national information, publications and mass media; rehabilitation of and benefits to disabled war veterans, orphans, widows and care for the dependents of deceased war fallen heroes and heroines; any matter relating to an item referred to in schedule c that cannot be dealt with effectively by a single state and requires national legislation or intervention; national census, surveys and statistics; national identity cards and any other appropriate documentation; traffic regulations; non-governmental, civil society, and faith based organizations; incorporation of companies and registration of business names; national public holidays; national capital territory; names of states, state capital towns and state boundaries; regulation of professional associations and trade unions; licensing of firearms; and any other function as may be authorized by this constitution and the law. schedule (b). powers of states the exclusive executive and legislative powers of a state shall be as follows: adoption or amendment of the state constitution subject to conformity with the national constitution; state police, prisons, wildlife, fire brigade services; local government; state information, publications and mass media; social welfare including state pensions; the state civil service; state land and state natural resources; cultural matters within the state; regulation of religious matters; internal and external borrowing of money on the sole credit of the state within the national macro-economic framework; the management, lease and utilization of lands belonging to the state; the establishment, maintenance and management of state prisons and reformatories; establishment, regulation, and provision of health care, including hospitals and other health facilities; regulation of businesses, trade licenses, working conditions, hours, and holidays within the state; local works and undertakings; registration of marriage, divorce, inheritance, birth, death, adoption and affiliations; enforcement of national and state laws; the development, conservation and management of state natural resources and state forestry resources; pre-school, primary and secondary education; agriculture within the state; airstrips other than international and national airports managed by the civil aviation authority; intrastate public transport and roads; population policy and family planning; pollution control; state statistics, and state surveys; charities and endowment; quarrying; town and rural planning; state cultural and heritage sites, libraries, museums and other historical sites; traditional authority and customary law; state finances; state irrigation and embankments; state budgets; state archives, antiquities and monuments; state taxes; state public utilities; vehicle licensing; fire control and ambulance services; recreation and sport within the state; flag and emblem of the state; issuance of driving licenses and number plates; and customary law courts. schedule (c). concurrent powers the national and state governments shall have legislative and executive competences on any of the matters listed below: economic and social development; tertiary education and scientific research; health policy; urban development, planning and housing; trade, commerce, industry and industrial development; delivery of public services; banking and insurance; bankruptcy and insolvency; manufacturing licenses; river transport; disaster preparedness, management and relief and epidemics control; electricity generation and water and waste management; information, publications, media and broadcasting; environmental management, conservation and protection; relief, repatriation, resettlement, rehabilitation and reconstruction; subject to regulation by and approval of the national government, the initiation, negotiation and conclusion of bilateral and regional agreements on culture, sports, trade, investment, credit, loans, grants and technical assistance with foreign governments and foreign non-governmental organizations; financial and economic policies and planning; empowerment of women; gender policy; pastures, veterinary services, and animal and livestock disease control; consumer safety and protection; residual powers, subject to schedule d; mother, childcare and protection; water resources other than interstate waters; matters relating to taxation, royalties and economic planning; human and animal drug quality control; regulation of land tenure, usage and exercise of rights in land; matters relating to businesses, trade licenses and conditions of operation; natural resources and forestry; fire control and ambulance services; prisons and reformatories; firearms control; and recreation and sports. schedule (d). residual powers residual powers shall be dealt with according to their nature. if the power pertains to a national matter, requires a national standard, or is a matter which cannot be regulated by a single state, it shall be exercised by the national government. if the power pertains to a matter that is usually exercised by the state or local government, it shall be exercised by the state or local government. schedule (e). resolution of conflicts in respect of concurrent powers if there is a contradiction between the provisions of national law and a state law on the matters that are concurrent, the national law shall prevail to the extent of the contradiction. preamble whereas independence is the inalienable right of all nations, therefore, all colonialism must be abolished in this world as it is not in conformity with humanity and justice; and the moment of rejoicing has arrived in the struggle of the indonesian independence movement to guide the people safely and well to the gate of the independence of the state of indonesia which shall be independent, united, sovereign, just and prosperous; by the grace of god almighty and motivated by the noble desire to live a free national life, the people of indonesia hereby declare their independence. subsequent thereto, to form a government of the state of indonesia which shall protect all the people of indonesia and all the independence and the land that has been struggled for, and to improve public welfare, to educate the life of the people and to participate toward the establishment of a world order based on freedom, perpetual peace and social justice, therefore the independence of indonesia shall be formulated into a constitution of the republic of indonesia which shall be built into a sovereign state based on a belief in the one and only god, just and civilised humanity, the unity of indonesia, and democratic life led by wisdom of thoughts in deliberation amongst representatives of the people, and achieving social justice for all the people of indonesia. chapter i. form of the state and sovereignty article 1 the state of indonesia shall be a unitary state in the form of a republic. sovereignty is in the hands of the people and is implemented according to this constitution. the state of indonesia shall be a state based on the rule of law. chapter ii. the people's consultative assembly (majelis permusyawaratan rakyat or mpr) article 2 the mpr shall consist of the members of the dpr and the members of the dpd who have been elected through general elections, and shall be regulated further by law. the mpr shall convene in a session at least once in every five years in the capital of the state. all decisions of the mpr shall be taken by a majority vote. article 3 the mpr has the authority to amend and enact the constitution. the mpr shall inaugurate the president and/or vice-president. the mpr may only dismiss the president and/or vice-president during his/her term of office in accordance with the constitution. chapter iii. the executive power article 4 the president of the republic of indonesia shall hold the power of government in accordance with the constitution. in exercising his/her duties, the president shall be assisted by a vice-president. article 5 the president shall be entitled to submit bills to the dpr. the president may issue government regulations as required to implement laws. article 6 any candidate for president or vice-president shall be a citizen of indonesia since birth, shall never have acquired another citizenship by his/her own will, shall never have committed an act of treason against the state, and shall be mentally and physically capable of implementing the duties and obligations of president or vice-president. the requirements to become president or vice-president shall be further regulated by law. article 6a the president and vice-president shall be elected as a single ticket directly by the people. each ticket of candidates for president and vice-president shall be proposed prior to the holding of general elections by political parties or coalitions of political parties which are participants in the general elections. any ticket of candidates for president and vice-president which polls a vote of more than fifty percent of the total number of votes during the general election and in addition polls at least twenty percent of the votes in more than half of the total number of provinces in indonesia shall be declared elected as the president and vice-president. in the event that there is no ticket of candidates for president and vice-president elected, the two tickets which have received the first and second highest total of votes in the general election shall be submitted directly to election by the people, and the ticket which receives the highest total of votes shall be sworn in as the president and vice-president. the procedure for the holding of the election of the president and vice-president shall be further regulated by law. article 7 the president and vice president shall hold office for a term of five years and may subsequently be reelected to the same office for one further term only. article 7a the president and/or the vice-president may be dismissed from his/her position during his/her term of office by the mpr on the proposal of the house of representatives (dewan perwakilan rakyat or dpr), both if it is proven that he/she has violated the law through an act of treason, corruption, bribery, or other act of a grave criminal nature, or through moral turpitude, and/or that the president and/or vice-president no longer meets the qualifications to serve as president and/or vice-president. article 7b any proposal for the dismissal of the president and/or the vice-president may be submitted by the dpr to the mpr only by first submitting a request to the constitutional court to investigate, bring to trial, and issue a decision on the opinion of the dpr either that the president and/or vice-president has violated the law through an act of treason, corruption, bribery, or other act of a grave criminal nature, or through moral turpitude, and/or that the president and/or vice-president no longer meets the qualifications to serve as president and/or vice-president. the opinion of the dpr that the president and/or vice-president has violated the law or no longer meets the qualifications to serve as president and/or vice-president is undertaken in the course of implementation of the supervision function of the dpr. the submission of the request of the dpr to the constitutional court shall only be made with the support of at least 2/3 of the total members of the dpr who are present in a plenary session that is attended by at least 2/3 of the total membership of the dpr. the constitutional court has the obligation to investigate, bring to trial, and reach the most just decision on the opinion of the dpr at the latest ninety days after the request of the dpr was received by the constitutional court. if the constitutional court decides that the president and/or vice-president is proved to have violated the law through an act of treason, corruption, bribery, or other act of a grave criminal nature, or through moral turpitude; and/or the president and/or vice-president is proved no longer to meet the qualifications to serve as president and/or vice-president, the dpr shall hold a plenary session to submit the proposal to impeach the president and/or vice-president to the mpr. the mpr shall hold a session to decide on the proposal of the dpr at the latest thirty days after its receipt of the proposal. the decision of the mpr over the proposal to impeach the president and/or vice-president shall be taken during a plenary session of the mpr which is attended by at least 3/4 of the total membership and shall require the approval of at least 2/3 of the total of members who are present, after the president and/or vice-president have been given the opportunity to present his/her explanation to the plenary session of the mpr. article 7c the president may not freeze and/or dissolve the dpr. article 8 in the event that the president dies, resigns, is impeached, or is not capable of implementing his/her obligations during his/her term, he/she will be replaced by the vice-president until the end of his/her term. in the event that the position of vice-president is vacant, the mpr should hold a session within sixty days at the latest to elect a vice-president from two candidates nominated by the president. in the event that the president and the vice president die, resign, are impeached, or are permanently incapable of performing their tasks and duties within their term of office simultaneously, the tasks and duties of the presidency shall be undertaken by a joint administration of the minister of foreign affairs, the minister of home affairs, and the minister of defence. at the latest thirty days after that, the mpr shall hold a session to elect a new president and vice president from the tickets nominated by the political parties or coalitions of political parties whose tickets won first and second place in the last presidential election, who will serve for the remainder of the term of office. article 9 prior to taking office, the president and vice president shall swear an oath in accordance with their respective religions or shall make a solemn promise before the mpr or dpr. the oath or promise shall be as follows: presidential (vice-presidential) oath: "i swear before god that, to the best of my ability, i shall fulfil as justly as possible my duties as president (vice-president) of the republic of indonesia, that i shall uphold faithfully the constitution, conscientiously implement all statutes and regulations, and shall devote myself to the service of country and nation." presidential (vice-presidential) promise: "i solemnly promise that, to the best of my ability, i shall fulfil as justly as possible my duties as president (vice-president) of the republic of indonesia, that i shall uphold faithfully the constitution, conscientiously implement all statutes and regulations, and shall devote myself to the service of country and nation." in the event that the mpr or dpr is unable to convene a sitting, the president and vice-president shall swear an oath in accordance with their respective religions or shall make a solemn promise before the leadership of the mpr witnessed by the leadership of the supreme court. article 10 the president is the supreme commander of the army, the navy and the air force. article 11 the president with the approval of the dpr may declare war, make peace and conclude treaties with other countries. the president in making other international agreements that will produce an extensive and fundamental impact on the lives of the people which is linked to the state financial burden, and/or that will requires an amendment to or the enactment of a law, shall obtain the approval of the dpr. further provisions regarding international agreements shall be regulated by law. article 12 the president may declare a state of emergency. the conditions for such a declaration and the subsequent measures regarding a state of emergency shall be regulated by law. article 13 the president shall appoint ambassadors and consuls. in the appointment of ambassadors, the president shall have regard to the opinion of the dpr. the president shall receive the accreditation of ambassadors of foreign nations and shall in so doing have regard to the opinion of the dpr. article 14 the president may grant clemency and restoration of rights and shall in so doing have regard to the opinion of the supreme court. the president may grant amnesty and the dropping of charges and shall in so doing have regard to the opinion of the dpr. article 15 the president may grant titles, decorations and other honours as provided by law. article 16 the president shall establish an advisory council with the duty of giving advice and considered opinion to the president, which shall be further regulated by law. chapter iv. supreme advisory council deleted. chapter v. ministers of state article 17 the president shall be assisted by ministers of state. ministers of state shall be appointed and dismissed by the president. each minister of state shall be responsible for a particular area of government activity. the formation, change, and dissolution of ministries of state shall be regulated by law. chapter vi. regional authorities article 18 the unitary state of the republic of indonesia shall be divided into provinces and those provinces shall be divided into regencies (kabupaten) and municipalities (kota), each of which shall have regional authorities which shall be regulated by law. the regional authorities of the provinces, regencies and municipalities shall administer and manage their own affairs according to the principles of regional autonomy and the duty of assistance (tugas pembantuan). the authorities of the provinces, regencies and municipalities shall include for each a regional people's house of representatives (dprd) whose members shall be elected through general elections. governors, regents (bupati) and mayors (walikota), respectively as head of regional government of the provinces, regencies and municipalities, shall be elected democratically. the regional authorities shall exercise wide-ranging autonomy, except in matters specified by law to be the affairs of the central government. the regional authorities shall have the authority to adopt regional regulations and other regulations to implement autonomy and the duty of assistance. the structure and administrative mechanisms of regional authorities shall be regulated by law. article 18a the authority relations between the central government and the regional authorities of the provinces, regencies and municipalities, or between a province and its regencies and municipalities, shall be regulated by law having regard to the particularities and diversity of each region. the relations between the central government and regional authorities in finances, public services, and the use of natural and other resources shall be regulated and administered with justice and equity according to law. article 18b the state recognises and respects units of regional authorities that are special and distinct, which shall be regulated by law. the state recognises and respects traditional communities along with their traditional customary rights as long as these remain in existence and are in accordance with the societal development and the principles of the unitary state of the republic of indonesia, and shall be regulated by law. chapter vii. the people's representative council (dewan perwakilan rakyat or dpr) article 19 members of the dpr shall be elected through a general election. the structure of the dpr shall be regulated by law. the dpr shall convene in a session at least once a year. article 20 the dpr shall hold the authority to establish laws. each bill shall be discussed by the dpr and the president to reach joint approval. if a bill fails to reach joint approval, that bill shall not be reintroduced within the same dpr term of sessions. the president signs a jointly approved bill to become a law. if the president fails to sign a jointly approved bill within 30 days following such approval, that bill shall legally become a law and must be promulgated. article 20a the dpr shall hold legislative, budgeting and oversight functions. in carrying out its functions, in addition to the rights regulated in other articles of this constitution, the dpr shall hold the right of interpellation (interpelasi), the right of investigation (angket), and the right to declare an opinion. other than the rights regulated in other articles of this constitution, every dpr member shall hold the right to submit questions, the right to propose suggestions and opinions, and the right of immunity. further provisions on the rights of the dpr and the rights of dpr members shall be regulated by law. article 21 dpr members shall have the right to propose bills. article 22 should exigencies compel, the president shall have the right to establish government regulations in lieu of laws. such government regulations must obtain the approval of the dpr during its next session. should there be no such approval, these government regulations shall be revoked. article 22a further provisions regarding the procedures to establish laws shall be regulated by law. article 22b dpr members may be removed from office, according to conditions and procedures which shall be regulated by law. chapter viia. the council of representatives of the regions (dewan perwakilan daerah or dpd) article 22c the members of the dpd shall be elected from every province through a general election. the total number of members of dpd in every province shall be the same, and the total membership of the dpd shall not exceed a third of the total membership of the dpr. the dpd shall hold a session at least once every year. the structure and composition of the dpd shall be regulated by law. article 22d the dpd may propose to the dpr bills related to regional autonomy, the relationship of central and local government, formation, expansion and merger of regions, management of natural resources and other economic resources, and bills related to the financial balance between the centre and the regions. the dpd shall participate in the discussion of bills related to regional autonomy; the relationship of central and local government; formation, expansion, and merger of regions; management of natural resources and other economic resources, and financial balance between the centre and the regions; and shall provide consideration to the dpr over bills on the state budget and on bills related to taxation, education, or religion. the dpd may oversee the implementation of laws concerning regional autonomy, the formation, expansion and merger of regions, the relationship of central and local government, management of natural resources and other economic resources, implementation of the state budget, taxation, education, or religion and shall in addition submit the result of such oversight to the dpr in the form of materials for its further consideration. the members of the dpd may be removed from office under requirements and procedures that shall be regulated by law. chapter viib. general elections article 22e general elections shall be conducted in a direct, general, free, secret, honest, and fair manner once every five years. general elections shall be conducted to elect the members of the dpr, dpd, the president and vice-president, and the regional people's representative council (dewan perwakilan rakyat daerah or dprd). the participants in the general election for the election of the members of the dpr and the members of the dprds are political parties. the participants in the general election for the election of the members of the dpd are individuals. the general elections shall be organised by a general election commission of a national, permanent, and independent character. further provisions regarding general elections shall be regulated by law. chapter viii. finances article 23 the state budget as the basis of the management of state funds shall be determined annually by law and shall be implemented in an open and accountable manner in order to best attain the prosperity of the people. the bill on the state budget shall be submitted by the president for joint consideration with the dpr, which consideration shall take into account the opinions of the dpd. in the event that the dpr fails to approve the proposed bill on the state budget submitted by the president, the government shall implement the state budget of the preceding year. article 23a all taxes and other levies for the needs of the state of a compulsory nature shall be regulated by law. article 23b the forms and denomination of the national currency shall be regulated by law. article 23c other matters concerning state finances shall be regulated by law. article 23d the state shall have a central bank, the structure, composition, authorities, responsibilities and independence of which shall be regulated by law. chapter viiia. supreme audit board (badan pemeriksa keuangan or bpk) article 23e to investigate the management and accountability of state finances, there shall be a single supreme audit board which shall be free and independent. the result of any investigation of state finances shall be submitted to the dpr, dpd or dprd in line with their respective authority. action following the result of any such investigation will be taken by representative institutions and/or bodies according to law. article 23f the members of the bpk shall be chosen by the dpr, which shall have regard to any considerations of the dpd, and will be formally appointed by the president. the leadership of the bpk shall be elected by and from the members. article 23g the bpk shall be based in the capital of the nation, and shall have representation in every province. further provisions regarding the bpk shall be regulated by law. article 24 the judicial power shall be independent and shall possess the power to organise the judicature in order to enforce law and justice. the judicial power shall be implemented by a supreme court and judicial bodies underneath it in the form of public courts, religious affairs courts, military tribunals, and state administrative courts, and by a constitutional court. other institutions whose functions have a relation with the judicial powers shall be regulated by law. article 24a the supreme court shall have the authority to hear a trial at the highest (cassation) level, to review ordinances and regulations made under any law against such law, and shall possess other authorities as provided by law. each justice of the supreme court must possess integrity and a personality that is not dishonourable, and shall be fair, professional, and possess legal experience. candidate justices of the supreme court shall be proposed by the judicial commission to the dpr for approval and shall subsequently be formally appointed to office by the president. the chair and vice-chair of the supreme court shall be elected by and from the justices of the supreme court. the structure, status, membership, and judicial procedure of the supreme court and its subsidiary bodies of judicature shall be regulated by law. article 24b there shall be an independent judicial commission which shall possess the authority to propose candidates for appointment as justices of the supreme court and shall possess further authority to maintain and ensure the honour, dignity and behaviour of judges. the members of the judicial commission shall possess legal knowledge and experience and shall be persons of integrity with a personality that is not dishonourable. the members of the judicial commission shall be appointed and dismissed by the president with the approval of the dpr. the structure, composition and membership of the judicial commission shall be regulated by law. article 24c the constitutional court shall possess the authority to try a case at the first and final level and shall have the final power of decision in reviewing laws against the constitution, determining disputes over the authorities of state institutions whose powers are given by this constitution, deciding over the dissolution of a political party, and deciding disputes over the results of general elections. the constitutional court shall possess the authority to issue a decision over an opinion of the dpr concerning alleged violations by the president and /or vice-president of this constitution. the constitutional court shall be composed of nine persons who shall be constitutional justices and who shall be confirmed in office by the president, of whom three shall be nominated by the supreme court, three nominated by the dpr, and three nominated by the president. the chair and vice-chair of the constitutional court are elected by and from the constitutional justices. each constitutional justice must possess integrity and a personality that is not dishonourable, and shall be fair, shall be a statesperson who has a command of the constitution and the public institutions, and shall not hold any position as a state official. the appointment and dismissal of constitutional justices, the judicial procedure, and other provisions concerning the constitutional court shall be regulated by law. article 25 the appointment and dismissal of judges shall be regulated by law. chapter ixa. state territory article 25a the unitary state of the republic of indonesia is an archipelagic state, the boundaries and rights of whose territory shall be established by law. chapter x. citizens and residents article 26 citizens shall consist of indigenous indonesian peoples and persons of foreign origin who have been legalised as citizens in accordance with law. residents shall consist of indonesian citizens and foreign nationals living in indonesia. matters concerning citizens and residents shall be regulated by law. article 27 all citizens shall be equal before the law and the government and shall be required to respect the law and the government, with no exceptions. every citizen shall have the right to work and to earn a humane livelihood. each citizen shall have the right and duty to participate in the effort of defending the state. chapter xa. human rights article 28 the freedom to associate and to assemble, to express written and oral opinions, etc., shall be regulated by law. article 28a every person shall have the right to live and to defend his/her life and existence. article 28b every person shall have the right to establish a family and to procreate based upon lawful marriage. every child shall have the right to live, to grow and to develop, and shall have the right to protection from violence and discrimination. article 28c every person shall have the right to develop him/herself through the fulfillment of his/her basic needs, the right to get education and to benefit from science and technology, arts and culture, for the purpose of improving the quality of his/her life and for the welfare of the human race. every person shall have the right to improve him/herself through collective struggle for his/her rights to develop his/her society, nation and state. article 28d every person shall have the right of recognition, guarantees, protection and certainty before a just law, and of equal treatment before the law. every person shall have the right to work and to receive fair and proper remuneration and treatment in employment. every citizen shall have the right to obtain equal opportunities in government. every person shall have the right to citizenship status. article 28e every person shall be free to choose and to practice the religion of his/her choice, to choose one's education, to choose one's employment, to choose one's citizenship, and to choose one's place of residence within the state territory, to leave it and to subsequently return to it. every person shall have the right to the freedom to believe his/her faith (kepercayaan), and to express his/her views and thoughts, in accordance with his/her conscience. every person shall have the right to the freedom to associate, to assemble and to express opinions. article 28f every person shall have the right to communicate and to obtain information for the purpose of the development of his/her self and social environment, and shall have the right to seek, obtain, possess, store, process and convey information by employing all available types of channels. article 28g every person shall have the right to protection of his/herself, family, honour, dignity, and property, and shall have the right to feel secure against and receive protection from the threat of fear to do or not do something that is a human right. every person shall have the right to be free from torture or inhumane and degrading treatment, and shall have the right to obtain political asylum from another country. article 28h every person shall have the right to live in physical and spiritual prosperity, to have a home and to enjoy a good and healthy environment, and shall have the right to obtain medical care. every person shall have the right to receive facilitation and special treatment to have the same opportunity and benefit in order to achieve equality and fairness. every person shall have the right to social security in order to develop oneself fully as a dignified human being. every person shall have the right to own personal property, and such property may not be unjustly held possession of by any party. article 28i the rights to life, freedom from torture, freedom of thought and conscience, freedom of religion, freedom from enslavement, recognition as a person before the law, and the right not to be tried under a law with retrospective effect are all human rights that cannot be limited under any circumstances. every person shall have the right to be free from discriminative treatment based upon any grounds whatsoever and shall have the right to protection from such discriminative treatment. the cultural identities and rights of traditional communities shall be respected in accordance with the development of times and civilisations. the protection, advancement, upholding and fulfillment of human rights are the responsibility of the state, especially the government. for the purpose of upholding and protecting human rights in accordance with the principle of a democratic and law-based state, the implementation of human rights shall be guaranteed, regulated and set forth in laws and regulations. article 28j every person shall have the duty to respect the human rights of others in the orderly life of the community, nation and state. in exercising his/her rights and freedoms, every person shall have the duty to accept the restrictions established by law for the sole purposes of guaranteeing the recognition and respect of the rights and freedoms of others and of satisfying just demands base upon considerations of morality, religious values, security and public order in a democratic society. chapter xi. religion article 29 the state shall be based upon the belief in the one and only god. the state guarantees all persons the freedom of worship, each according to his/her own religion or belief. chapter xii. state defence and security article 30 every citizen shall have the right and duty to participate in the defence and security of the state. the defence and security of the state shall be conducted through the total people's defence and security system, with the indonesian national military (tni) and the indonesian national police (polri) as the main force, and the people as the supporting force. tni, consisting of the army, navy and air force, as an instrument of the state has the duty to defend, protect, and maintain the integrity and sovereignty of the state. polri, as an instrument of the state that maintains public order and security, has the duty to protect, guard, and serve the people, and to uphold the law. the structure and status of tni and polri, the authority relationships between tni and polri in performing their respective duties, the conditions concerning the participation of citizens in the defence and security of the state, and other matters related to defence and security, shall be regulated by law. chapter xiii. education article 31 every citizen has the right to receive education. every citizen has the obligation to undertake basic education, and the government has the obligation to fund this. the government shall manage and organise one system of national education, which shall increase the level of spiritual belief, devoutness and moral character in the context of developing the life of the nation and shall be regulated by law. the state shall prioritise the budget for education to a minimum of 20% of the state budget and of the regional budgets to fulfil the needs of implementation of national education. the government shall advance science and technology with the highest respect for religious values and national unity for the advancement of civilisation and prosperity of humankind. article 32 the state shall advance the national culture of indonesia among the civilisations of the world by assuring the freedom of society to preserve and to develop cultural values. the state shall respect and preserve local languages as national cultural treasures. chapter xiv. the national economy and social welfare article 33 the economy shall be organized as a common endeavour based upon the principles of the family system. sectors of production which are important for the country and affect the life of the people shall be under the powers of the state. the land, the waters and the natural resources within shall be under the powers of the state and shall be used to the greatest benefit of the people. the organisation of the national economy shall be conducted on the basis of economic democracy upholding the principles of togetherness, efficiency with justice, continuity, environmental perspective, self-sufficiency, and keeping a balance in the progress and unity of the national economy. further provisions relating to the implementation of this article shall be regulated by law. article 34 impoverished persons and abandoned children shall be taken care of by the state. the state shall develop a system of social security for all of the people and shall empower the inadequate and underprivileged in society in accordance with human dignity. the state shall have the obligation to provide sufficient medical and public service facilities. further provisions in relation to the implementation of this article shall be regulated by law. chapter xv. national flag, language, coat of arms and anthem article 35 the national flag of indonesia shall be the red and white (sang merah putih). article 36 the national language shall be indonesian (bahasa indonesia). article 36a the national coat of arms shall be the pancasila eagle (garuda pancasila) with the motto unity in diversity (bhinneka tunggal ika). article 36b the national anthem shall be indonesia raya. article 36c further provisions regarding the national flag, language, coat of arms and anthem shall be regulated by law. chapter xvi. constitutional amendments article 37 a proposal to amend the articles of this constitution may be included in the agenda of an mpr session if it is submitted by at least 1/3 of the total mpr membership. any proposal to amend the articles of this constitution shall be introduced in writing and must clearly state the articles to be amended and the reasons for the amendment. to amend the articles of this constitution, the session of the mpr requires at least 2/3 of the total membership of the mpr to be present. any decision to amend the articles of this constitution shall be made with the agreement of at least fifty percent plus one member of the total membership of the mpr. provisions relating to the form of the unitary state of the republic of indonesia may not be amended. transitional provisions article i all existing state institutions shall remain in place in order to implement the provisions of this constitution as long as new state institutions are not yet established in conformity with this constitution. article ii all existing laws and regulations shall remain in effect as long as new laws and regulations have not yet taken effect under this constitution. article iii the constitutional court shall be established at the latest by 17 august 2003, and the supreme court shall undertake its functions before it is established. additional provisions article i the mpr is tasked to undertake a review of the content and the legal status of the decrees (tap) of the mprs and the mpr for decision by the mpr at its session in 2003. article ii with the enactment of this amendment to the constitution, the constitution of the state of the republic of indonesia shall consist of the preamble and the articles. preamble in the name of almighty god! the swiss people and the cantons, mindful of their responsibility towards creation, resolved to renew their alliance so as to strengthen liberty, democracy, independence and peace in a spirit of solidarity and openness towards the world, determined to live together with mutual consideration and respect for their diversity, conscious of their common achievements and their responsibility towards future generations, and in the knowledge that only those who use their freedom remain free, and that the strength of a people is measured by the well-being of its weakest members; adopt the following constitution: title one. general provisions art 1. the swiss confederation the people and the cantons of zurich, bern, lucerne, uri, schwyz, obwalden and nidwalden, glarus, zug, fribourg, solothurn, basel stadt and basel landschaft, schaffhausen, appenzell ausserrhoden and appenzell innerrhoden, st. gallen, graubünden, aargau, thurgau, ticino, vaud, valais, neuchâtel, geneva, and jura form the swiss confederation. art 2. aims the swiss confederation shall protect the liberty and rights of the people and safeguard the independence and security of the country. it shall promote the common welfare, sustainable development, internal cohesion and cultural diversity of the country. it shall ensure the greatest possible equality of opportunity among its citizens. it is committed to the long term preservation of natural resources and to a just and peaceful international order. art 3. cantons the cantons are sovereign except to the extent that their sovereignty is limited by the federal constitution. they exercise all rights that are not vested in the confederation. art 4. national languages the national languages are german, french, italian, and romansh. art 5. rule of law all activities of the state are based on and limited by law. state activities must be conducted in the public interest and be proportionate to the ends sought. state institutions and private persons shall act in good faith. the confederation and the cantons shall respect international law. art 5a. subsidiarity the principle of subsidiarity must be observed in the allocation and performance of state tasks. art 6. individual and collective responsibility all individuals shall take responsibility for themselves and shall, according to their abilities, contribute to achieving the tasks of the state and society. title two. fundamental rights, citizenship and social goals chapter 1. fundamental rights art 7. human dignity human dignity must be respected and protected. art 8. equality before the law every person is equal before the law. no person may be discriminated against, in particular on grounds of origin, race, gender, age, language, social position, way of life, religious, ideological, or political convictions, or because of a physical, mental or psychological disability. men and women have equal rights. the law shall ensure their equality, both in law and in practice, most particularly in the family, in education, and in the workplace. men and women have the right to equal pay for work of equal value. the law shall provide for the elimination of inequalities that affect persons with disabilities. art 9. protection against arbitrary conduct and principle of good faith every person has the right to be treated by state authorities in good faith and in a non-arbitrary manner. art 10. right to life and to personal freedom every person has the right to life. the death penalty is prohibited. every person has the right to personal liberty and in particular to physical and mental integrity and to freedom of movement. torture and any other form of cruel, inhuman or degrading treatment or punishment are prohibited. art 11. protection of children and young people children and young people have the right to the special protection of their integrity and to the encouragement of their development. they may personally exercise their rights to the extent that their power of judgment allows. art 12. right to assistance when in need persons in need and unable to provide for themselves have the right to assistance and care, and to the financial means required for a decent standard of living. art 13. right to privacy every person has the right to privacy in their private and family life and in their home, and in relation to their mail and telecommunications. every person has the right to be protected against the misuse of their personal data. art 14. right to marry and to have a family the right to marry and to have a family is guaranteed. art 15. freedom of religion and conscience freedom of religion and conscience is guaranteed. every person has the right to choose freely their religion or their philosophical convictions, and to profess them alone or in community with others. every person has the right to join or to belong to a religious community, and to follow religious teachings. no person may be forced to join or belong to a religious community, to participate in a religious act, or to follow religious teachings. art 16. freedom of expression and of information freedom of expression and of information is guaranteed. every person has the right freely to form, express, and impart their opinions. every person has the right freely to receive information to gather it from generally accessible sources and to disseminate it. art 17. freedom of the media freedom of the press, radio and television and of other forms of dissemination of features and information by means of public telecommunications is guaranteed. censorship is prohibited. the protection of sources is guaranteed. art 18. freedom to use any language the freedom to use any language is guaranteed. art 19. right to basic education the right to an adequate and free basic education is guaranteed. art 20. academic freedom freedom of research and teaching is guaranteed. art 21. freedom of artistic expression freedom of artistic expression is guaranteed. art 22. freedom of assembly freedom of assembly is guaranteed. every person has the right to organise meetings and to participate or not to participate in meetings. art 23. freedom of association freedom of association is guaranteed. every person has the right to form, join or belong to an association and to participate in the activities of an association. no person may be compelled to join or to belong to an association. art 24. freedom of domicile swiss citizens have the right to establish their domicile anywhere in the country. they have the right to leave or to enter switzerland. art 25. protection against expulsion, extradition and deportation swiss citizens may not be expelled from switzerland and may only be extradited to a foreign authority with their consent. refugees may not be deported or extradited to a state in which they will be persecuted. no person may be deported to a state in which they face the threat of torture or any other form of cruel or inhumane treatment or punishment. art 26. guarantee of ownership the right to own property is guaranteed. the compulsory purchase of property and any restriction on ownership that is equivalent to compulsory purchase shall be compensated in full. art 27. economic freedom economic freedom is guaranteed. economic freedom includes in particular the freedom to choose an occupation as well as the freedom to pursue a private economic activity. art 28. right to form professional associations employees, employers and their organisations have the right to join together in order to protect their interests, to form associations and to join or not to join such associations. disputes must wherever possible be resolved through negotiation or mediation. strikes and lock outs are permitted if they relate to employment relations and if they do not contravene any requirements to preserve peaceful employment relations or to conduct conciliation proceedings. the law may prohibit certain categories of person from taking strike action. art 29. general procedural guarantees every person has the right to equal and fair treatment in judicial and administrative proceedings and to have their case decided within a reasonable time. each party to a case has the right to be heard. any person who does not have sufficient means has the right to free legal advice and assistance unless their case appears to have no prospect of success. if it is necessary in order to safeguard their rights, they also have the right to free legal representation in court. art 29a. guarantee of access to the courts in a legal dispute, every person has the right to have their case determined by a judicial authority. the confederation and the cantons may by law preclude the determination by the courts of certain exceptional categories of case. art 30. judicial proceedings any person whose case falls to be judicially decided has the right to have their case heard by a legally constituted, competent, independent and impartial court. ad hoc courts are prohibited. unless otherwise provided by law, any person against whom civil proceedings have been raised has the right to have their case decided by a court within the jurisdiction in which they reside. unless the law provides otherwise, court hearings and the delivery of judgments shall be in public. art 31. deprivation of liberty no person may be deprived of their liberty other than in the circumstances and in the manner provided for by the law. any person deprived of their liberty has the right to be notified without delay and in a language they can understand of the reasons for their detention and of their rights. they must be given the opportunity to exercise their rights, in particular, the right to have their next-of-kin informed. any person in pre-trial detention has the right to be brought before a court without delay. the court decides whether the person must remain in detention or be released. any person in pre-trial detention has the right to have their case decided within a reasonable time. any person who has been deprived of their liberty by a body other than a court has the right to have recourse to a court at any time. the court shall decide as quickly as possible on the legality of their detention. art 32. criminal proceedings every person is presumed innocent until they have been found guilty by a legally enforceable judgment. every accused person has the right to be notified as quickly and comprehensively as possible of the charge brought against them. they must be given the opportunity to assert their rights to a proper defence. every convicted person has the right to have their conviction reviewed by a higher court, with the exception of cases in which the federal supreme court sits at first instance. art 33. right of petition every person has the right, without prejudice, to petition the authorities. the authorities must acknowledge receipt of such petitions. art 34. political rights political rights are guaranteed. the guarantee of political rights protects the freedom of the citizen to form an opinion and to give genuine expression to his or her will. art 35. upholding of fundamental rights fundamental rights must be upheld throughout the legal system. whoever acts on behalf of the state is bound by fundamental rights and is under a duty to contribute to their implementation. the authorities shall ensure that fundamental rights, where appropriate, apply to relationships among private persons. art 36. restrictions on fundamental rights restrictions on fundamental rights must have a legal basis. significant restrictions must have their basis in a federal act. the foregoing does not apply in cases of serious and immediate danger where no other course of action is possible. restrictions on fundamental rights must be justified in the public interest or for the protection of the fundamental rights of others. any restrictions on fundamental rights must be proportionate. the essence of fundamental rights is sacrosanct. chapter 2. citizenship and political rights art 37. citizenship any person who is a citizen of a commune and of the canton to which that commune belongs is a swiss citizen. no person may be given preferential treatment or suffer prejudice because of their citizenship. the foregoing does not apply to regulations on political rights in citizens’ communes and corporations or to participation in the assets thereof, unless cantonal legislation provides otherwise. art 38. acquisition and deprivation of citizenship the confederation shall regulate the acquisition and deprivation of citizenship by birth, marriage or adoption. it shall also regulate the deprivation of swiss citizenship on other grounds, together with the reinstatement of citizenship. it shall legislate on the minimum requirements for the naturalisation of foreign nationals by the cantons and grant naturalisation permits. it shall enact simplified regulations on the naturalisation of stateless children. art 39. exercise of political rights the confederation shall regulate the exercise of political rights in federal matters, and the cantons shall regulate their exercise at cantonal and communal matters. political rights are exercised in the commune in which a citizen resides, although the confederation and the cantons may provide for exceptions. no person may exercise their political rights contemporaneously in more than one canton. a canton may provide that a person newly registered as a resident may exercise the right to vote in cantonal and communal matters only after a waiting period of a maximum of three months of permanent settlement. art 40. the swiss abroad the confederation shall encourage relations among the swiss abroad and their relations with switzerland. it may support organisations that pursue this objective. it shall legislate on the rights and obligations of the swiss abroad, in particular in relation to the exercise of political rights in the confederation, the fulfilment of the obligation to perform military or alternative service, welfare support and social security. chapter 3. social objectives art 41 the confederation and the cantons shall, as a complement to personal responsibility and private initiative, endeavour to ensure that: every person has access to social security; every person has access to the health care that they require; families are protected and encouraged as communities of adults and children; every person who is fit to work can earn their living by working under fair conditions; any person seeking accommodation for themselves and their family can find suitable accommodation on reasonable terms; children and young people as well as persons of employable age can obtain an education and undergo basic and advanced training in accordance with their abilities; children and young people are encouraged to develop into independent and socially responsible people and are supported in their social, cultural and political integration. the confederation and cantons shall endeavour to ensure that every person is protected against the economic consequences of old-age, invalidity, illness, accident, unemployment, maternity, being orphaned and being widowed. they shall endeavour to achieve these social objectives within the scope of their constitutional powers and the resources available to them. no direct right to state benefits may be established on the basis of these social objectives. title three. confederation, cantons and communes chapter 1. relations between the confederation and the cantons section 1. duties of the confederation and the cantons art 42. duties of the confederation the confederation shall fulfil the duties that are assigned to it by federal constitution. [repealed by the popular vote on 28 nov. 2004, with effect from 1 jan. 2008] art 43. duties of the cantons the cantons decide on the duties that they must fulfil within the scope of their powers. art 43a. principles for the allocation and fulfilment of state tasks the confederation only undertakes tasks that the cantons are unable to perform or which require uniform regulation by the confederation. the collective body that benefits from a public service bears the costs thereof. the collective body that bears the costs of a public service may decide on the nature of that service. universally provided services must made be available to every person in a comparable manner. state tasks must be fulfilled economically and in accordance with demand. section 2. cooperation between the confederation and the cantons art 44. principles the confederation and the cantons shall support each other in the fulfilment of their duties and shall generally cooperate with each other. they owe each other a duty of consideration and support. they shall provide each other with administrative assistance and mutual judicial assistance. disputes between cantons or between cantons and the confederation shall wherever possible be resolved by negotiation or mediation. art 45. participation in federal decision-making in the cases specified by the federal constitution, the cantons shall participate in the federal decision making process, and in particular in the legislative process. the confederation shall inform the cantons of its intentions fully and in good time. it shall consult the cantons where their interests are affected. art 46. implementation of federal law the cantons shall implement federal law in accordance with the federal constitution and federal legislation. the confederation and the cantons may together agree that the cantons should achieve specific goals in the implementation of federal law and may to this end conduct programmes that receive financial support from the confederation. the confederation shall allow the cantons all possible discretion to organise their own affairs and shall take account of cantonal particularities. art 47. autonomy of the cantons the confederation shall respect the autonomy of the cantons. it shall leave the cantons sufficient tasks of their own and respect their organisational autonomy. it shall leave the cantons with sufficient sources of finance and contribute towards ensuring that they have the financial resources required to fulfil their tasks. art 48. intercantonal agreements the cantons may enter into agreements with each other and establish common organisations and institutions. in particular, they may jointly undertake tasks of regional importance together. the confederation may participate in such organisations or institutions within the scope of its powers. agreements between cantons must not be contrary to the law, to the interests of the confederation or to the rights of other cantons. the confederation must be notified of such agreements. the cantons may by intercantonal agreement authorise intercantonal bodies to issue legislative provisions that implement an intercantonal agreement, provided the agreement: has been approved under the same procedure that applies to other legislation; determines the basic content of the provisions. the cantons shall comply with intercantonal law. art 48a. declaration of general application and requirement of participation at the request of interested cantons, the confederation may declare intercantonal agreements to be generally binding or require cantons to participate in intercantonal agreements in the following fields: the execution of criminal penalties and measures; school education in the matters specified in article 62 paragraph 4; cantonal institutions of higher education; cultural institutions of supra-regional importance; waste management; waste water treatment; urban transport; advanced medical science and specialist clinics; institutions for the rehabilitation and care of invalids. a declaration of general application is made in the form of a federal decree. the law shall specify the requirements for a declaration of general application and for a participation requirement and regulate the procedure. art 49. precedence of and compliance with federal law federal law takes precedence over any conflicting provision of cantonal law. the confederation shall ensure that the cantons comply with federal law. section 3. communes art 50 the autonomy of the communes is guaranteed in accordance with cantonal law. the confederation shall take account in its activities of the possible consequences for the communes. in doing so, it shall take account of the special position of the cities and urban areas as well as the mountain regions. section 4. federal guarantees art 51. cantonal constitutions each canton shall adopt a democratic constitution. this requires the approval of the people and must be capable of being revised if the majority of those eligible to vote so request. each cantonal constitution shall require the guarantee of the confederation. the confederation shall guarantee a constitution provided it is not contrary to federal law. art 52. constitutional order the confederation shall protect the constitutional order of the cantons. it shall intervene when public order in a canton is disrupted or under threat and the canton in question is not able to maintain order alone or with the aid of other cantons. art 53. number and territory of the cantons the confederation shall protect the existence and territory of the cantons. any change in the number of cantons requires the consent of the citizens and the cantons concerned together with the consent of the people and the cantons. any change in territory between cantons requires the consent both of the cantons concerned and of their citizens as well as the approval of the federal assembly in the form of a federal decree. inter-cantonal boundary adjustments may be made by agreement between the cantons concerned. chapter 2. powers section 1. relations with foreign states art 54. foreign relations foreign relations are the responsibility of the confederation. the confederation shall ensure that the independence of switzerland and its welfare is safeguarded; it shall in particular assist in the alleviation of need and poverty in the world and promote respect for human rights and democracy, the peaceful co­existence of peoples as well as the conservation of natural resources. it shall respect the powers of the cantons and protect their interests. art 55. participation of the cantons in foreign policy decisions the cantons shall be consulted on foreign policy decisions that affect their powers or their essential interests. the confederation shall inform the cantons fully and in good time and shall consult with them. the views of the cantons are of particular importance if their powers are affected. in such cases, the cantons shall participate in international negotiations in an appropriate manner. art 56. relations between the cantons and foreign states a canton may conclude treaties with foreign states on matters that lie within the scope of its powers. such treaties must not conflict with the law or the interests of the confederation, or with the law of any other cantons. the canton must inform the confederation before concluding such a treaty. a canton may deal directly with lower ranking foreign authorities; in other cases, the confederation shall conduct relations with foreign states on behalf of a canton. section 2. security, national defence, civil defence art 57. security the confederation and the cantons shall within the scope of their powers ensure the security of the country and the protection of the population. they shall coordinate their efforts in the area of internal security. art 58. armed forces switzerland shall have armed forces. in principle, the armed forces shall be organised as a militia. the armed forces serve to prevent war and to maintain peace; they defend the country and its population. they shall support the civilian authorities in safeguarding the country against serious threats to internal security and in dealing with exceptional situations. further duties may be provided for by law. the deployment of the armed forces is the responsibility of the confederation. art 59. military service and alternative service every swiss man is required to do military service. alternative civilian service shall be provided for by law. military service is voluntary for swiss women. any swiss man who does not do military or alternative service is liable to pay a tax. this tax is levied by the confederation and assessed and collected by the cantons. the confederation shall legislate for fair compensation for loss of income. persons who suffer damage to their health or lose their lives while doing military or alternative civilian service are entitled to appropriate support from the confederation, whether for themselves or for their next of kin. art 60. armed forces organisation, training and equipment armed forces legislation, together with the organisation, training and equipment of the armed forces, is the responsibility of the confederation. [repealed by the popular vote on 28 nov 2004, with effect from 1 jan. 2008] the confederation may, in return for appropriate compensation, take over the running of cantonal military installations art 61. civil defence the legislation on the civil defence of persons and property against the effects of armed conflicts is the responsibility of the confederation. the confederation shall legislate on the deployment of civil defence units in the event of disasters and emergencies. it may declare civil defence service to be compulsory for men. for women, such service is voluntary. the confederation shall legislate on fair compensation for loss of income. persons who suffer damage to their health or lose their lives while doing civil defence service are entitled to appropriate support from the confederation, whether for themselves or for their next of kin. section 3. education, research and culture art 61a. swiss education area the confederation and the cantons shall, within the scope of their powers, jointly ensure the high quality and accessibility of the swiss education area. they shall coordinate their efforts and ensure their cooperation through joint administrative bodies and other measures. they shall ensure in the fulfilment of their duties that general and vocational courses of study achieve equal recognition in society. art 62. school education the cantons are responsible for the system of school education. they shall ensure the provision of an adequate basic education that is available to all children. basic education is mandatory and is managed or supervised by the state. at state schools it is free of charge. the cantons shall ensure that adequate special needs education is provided to all children and young people with disabilities up to the age of 20. where harmonisation of school education is not achieved by means of coordination in the areas of school entry age and compulsory school attendance, the duration and objectives of levels of education, and the transition for one level to another, as well as the recognition of qualifications, the confederation shall issue regulations to achieve such harmonisation. the confederation shall regulate the start of the school year. the cantons shall participate in the drafting of federal legislation on school education that affects cantonal responsibilities, and special account shall be taken of their opinions. art 63. vocational and professional education and training the confederation shall issue regulations on vocational and professional education and training. it shall encourage the provision of a diverse and accessible range of courses in vocational and professional education and training. art 63a. higher education institutions the confederation shall manage the federal institutes of technology. it may establish, take over or manage additional universities and other higher education institutions. it shall support the cantonal universities and may make financial contributions to other higher education institutions that it recognises. the confederation and the cantons are jointly responsible for the coordination and guarantee of quality in swiss higher education. in fulfilling this responsibility, they shall take account of the autonomy of the universities and the various bodies responsible for them and ensure the equal treatment of institutions with the same functions. in order to fulfil their duties, the confederation and the cantons shall enter into agreements and delegate certain powers to joint administrative authorities. the law shall regulate the powers that may be delegated, and determine the principles governing the organisation of and procedures for coordination. if the confederation and the cantons fail to reach their common goals by means of coordination, the confederation shall issue regulations on levels of studies and the transition from one level to another, on postgraduate education and on the recognition of institutions and qualifications. in addition, the confederation may impose standard funding principles for subsidising of universities, and may make subsidies contingent on universities sharing particularly cost-intensive activities. art 64. research the confederation shall promote scientific research and innovation. it may make its support conditional in particular on quality assurance and coordination being guaranteed. it may establish, take over or run research institutes. art 64a. continuing education and training the confederation shall specify principles governing continuing education and training. it may promote continuing education and training. the law shall specify the fields of and the criteria for such promotion. art 65. statistics the confederation shall compile the necessary statistical data on the status and trends in the population, the economy, society, education, research, the land and the environment in switzerland. it may issue regulations on the harmonisation and maintenance of official registers in order to reduce the cost of compiling data. art 66. education grants the confederation may contribute to cantonal expenditure on grants provided to students at universities and higher education institutions. it may encourage the intercantonal harmonisation of education grants and lay down principles for the payment of education grants. it may also supplement cantonal measures while preserving cantonal autonomy in education matters by taking its own measures to promote education. art 67. encouragement of children and young people in fulfilling their duties, the confederation and cantons shall take account of the special need of children and young people to receive encouragement and protection. the confederation may supplement cantonal measures by supporting extracurricular work with children and young people. art 67a. musical education the confederation and cantons shall encourage musical education, in particular that of children and young people. they shall endeavour within the scope of their powers to ensure high-quality music teaching in schools. if the cantons are unable to harmonise the goals of music teaching in schools by means of coordination, the confederation shall issue the required regulations. in consultation with the cantons, the confederation shall set out principles to help young people to engage in musical activities and to encourage musically gifted persons. art 68. sport the confederation shall encourage sport, and in particular education in sport. it shall operate a sports school. it may issue regulations on sport for young people and declare the teaching of sport in schools to be compulsory. art 69. culture cultural matters are a cantonal responsibility. the confederation may support cultural activities of national interest as well as art and music, in particular in the field of education. in the fulfilment of its duties, it shall take account of the cultural and linguistic diversity of the country. art 70. languages the official languages of the confederation are german, french and italian. romansh is also an official language of the confederation when communicating with persons who speak romansh. the cantons shall decide on their official languages. in order to preserve harmony between linguistic communities, the cantons shall respect the traditional territorial distribution of languages and take account of indigenous linguistic minorities. the confederation and the cantons shall encourage understanding and exchange between the linguistic communities. the confederation shall support the plurilingual cantons in the fulfilment of their special duties. the confederation shall support measures by the cantons of graubünden and ticino to preserve and promote the romansh and the italian languages. art 71. cinema the confederation may encourage swiss film production and film culture. it may issue regulations to promote the diversity and the quality of the cinematographic works that are offered. art 72. church and state the regulation of the relationship between the church and the state is the responsibility of the cantons. the confederation and the cantons may within the scope of their powers take measures to preserve public peace between the members of different religious communities. the construction of minarets is prohibited. section 4. environment and spatial planning art 73. sustainable development the confederation and the cantons shall endeavour to achieve a balanced and sustainable relationship between nature and its capacity to renew itself and the demands placed on it by the population. art 74. protection of the environment the confederation shall legislate on the protection of the population and its natural environment against damage or nuisance. it shall ensure that such damage or nuisance is avoided. the costs of avoiding or eliminating such damage or nuisance are borne by those responsible for causing it. the cantons are responsible for the implementation of the relevant federal regulations, except where the law reserves this duty for the confederation. art 75. spatial planning the confederation shall lay down principles on spatial planning. these principles are binding on the cantons and serve to ensure the appropriate and economic use of the land and its properly ordered settlement. the confederation shall encourage and coordinate the efforts of the cantons and shall cooperate with them. confederation and cantons shall take account of the requirements of spatial planning in fulfilling their duties. art 75a. national land survey the national land survey is the responsibility of the confederation. the confederation shall issue regulations on official surveying. it may issue regulations on the harmonisation of official information relating to the land. art 75b. second homes no more than 20 per cent of the total stock of residential units and the gross residential floor area in any commune may be used as second homes. the law shall require communes to publish their first home percentage plan and a detailed report on its implementation every year. art 76. water the confederation shall within the scope of its powers ensure the economic use and the protection of water resources and provide protection against the harmful effects of water. it shall lay down principles on the conservation and exploitation of water resources, the use of water for the production of energy and for cooling purposes, as well as on other measures affecting the water-cycle. it shall legislate on water protection, on ensuring appropriate residual flow, on hydraulic engineering and the safety of dams, and on measures that influence precipitation. the cantons shall manage their water resources. they may levy charges for the use of water, subject to the limits imposed by federal legislation. the confederation has the right to use water for its transport operations subject to payment of a charge and compensation. the confederation, in consultation with the cantons concerned, shall decide on rights to international water resources and the charges for them. if cantons are unable to agree on rights to intercantonal water resources, the confederation shall decide. the confederation shall take account of the concerns of the cantons where the water originates in fulfilling its duties. art 77. forests the confederation shall ensure that the forests are able to fulfil their protective, commercial and public amenity functions. it shall lay down principles on the protection of the forests. it shall encourage measures for the conservation of the forests. art 78. protection of natural and cultural heritage the protection of natural and cultural heritage is the responsibility of the cantons. in the fulfilment of its duties, the confederation shall take account of concerns for the protection of natural and cultural heritage. it shall protect the countryside and places of architectural, historical, natural or cultural interest; it shall preserve such places intact if required to do so in the public interest. it may support efforts made for the protection of natural and cultural heritage and acquire or preserve properties of national importance by contract or through compulsory purchase. it shall legislate on the protection of animal and plant life and on the preservation of their natural habitats and their diversity. it shall protect endangered species from extinction. moors and wetlands of special beauty and national importance shall be preserved. no buildings may be built on them and no changes may be made to the land, except for the construction of facilities that serve the protection of the moors or wetlands or their continued use for agricultural purposes. art 79. fishing and hunting the confederation shall lay down principles on fishing and hunting and in particular on the preservation of the diversity of fish species, wild mammals and birds. art 80. protection of animals the confederation shall legislate on the protection of animals. it shall in particular regulate: the keeping and care of animals; experiments on animals and procedures carried out on living animals; the use of animals; the import of animals and animal products; the trade in animals and the transport of animals; the slaughter of animals. the enforcement of the regulations is the responsibility of the cantons, except where the law reserves this to the confederation. section 5. public construction works and transport art 81. public construction works the confederation may in the interests of the country as a whole or a large part of it carry out and operate public construction works, or provide support for such construction works. art 82. road transport the confederation shall legislate on road transport. it shall exercise supervisory control over roads of national importance; it may decide which transit roads must remain open to traffic. public roads may be used free of charge. the federal assembly may authorise exceptions. art 83. national roads the confederation shall ensure the construction of a network of motorways and shall guarantee that they remain useable. the confederation shall construct, operate and maintain the national roads. it bears the costs thereof. it may assign this task wholly or partly to public or private bodies or combined public-private bodies. [repealed by the popular vote on 28 nov 2004, in force since 1 jan. 2008] art 84. alpine transit traffic the confederation shall protect the alpine region from the negative effects of transit traffic. it shall limit the nuisance caused by transit traffic to a level that is not harmful to people, animals and plants or their habitats. transalpine goods traffic shall be transported from border to border by rail. the federal council shall take the measures required. exceptions are permitted only when there is no alternative. they must be specified in detail in a federal act. the capacity of the transit routes in the alpine region may not be increased. this does not apply to by-pass roads that reduce the level of transit traffic in towns and villages. art 85. heavy vehicle charge the confederation may levy a capacity or mileage-related charge on heavy vehicle traffic where such traffic creates public costs that are not covered by other charges or taxes. the net revenue from the charge shall be used to cover the costs incurred in connection with the road traffic. the cantons are entitled to a share of the net revenue. in the assessment of the shares allocated, the particular consequences that levying the charge have for mountainous and remote regions shall be taken into account. art 86. consumption tax on motor fuels and other traffic taxes the confederation may levy a consumption tax on motor fuels. it shall levy a charge for the use of the motorways by motor vehicles and trailers that are not liable to pay the heavy vehicle charge. it shall use half of the net proceeds from the consumption tax on all motor fuels, with the exception of aircraft fuels, and the net revenue from the motorways charge for the following tasks and costs in connection with road traffic: the construction, maintenance and operation of motorways; measures to encourage combined transport and the transport of motor vehicles and drivers; measures to improve the transport infrastructure in cities and urban areas; contributions towards the cost of main roads; contributions towards protective structures to prevent natural disasters and measures to protect the environment and countryside from the effects of road traffic; general contributions towards the costs incurred by the cantons for roads open to motor vehicles contributions to cantons without motorways. 3bis it shall use half of the net proceeds from the consumption tax on aircraft fuels for the following tasks and costs in connection with air traffic: contributions towards environmental protection measures made necessary by air traffic; contributions towards security measures to protect against unlawful acts against air traffic, and in particular against terrorist attacks and the hijacking of aircraft, insofar as such measures are not the responsibility of national authorities; contributions towards measures to ensure a high technical level of safety in air traffic. if these resources are insufficient for the tasks and costs in connection with road and air traffic, then the confederation shall levy a surcharge on the consumption tax on the fuels concerned. art 87. railways and other modes of transport the legislation on rail transport, cableways, shipping, aviation and space travel is the responsibility of the confederation. art 88. footpaths and hiking trails the confederation shall lay down principles with regard to the network of footpaths and hiking trails. it may support and coordinate cantonal measures to construct and maintain such networks. it shall take account of the network of footpaths and hiking trails in the fulfilment of its duties and shall replace paths and trails that it has to close. section 6. energy and communications art 89. energy policy within the scope of their powers, the confederation and cantons shall endeavour to ensure a sufficient, diverse, safe, economic and environmentally sustainable energy supply as well as the economic and efficient use of energy. the confederation shall establish principles on the use of local and renewable energy sources and on the economic and efficient use of energy. the confederation shall legislate on the use of energy by installations, vehicles and appliances. it shall encourage the development of energy technologies, in particular in the fields of saving energy and the renewable energy sources. the cantons shall be primarily responsible for measures relating to the use of energy in buildings. the confederation shall take account in its energy policy of the efforts made by the cantons, the communes and the business community; it shall take account of the conditions in the individual regions of the country and the limitations of what is economically feasible. art 90. nuclear energy the confederation is responsible for legislation in the field of nuclear energy. art 91. transport of energy the confederation shall legislate on the transport and the supply of electrical energy. the confederation is responsible for legislation on transmission and distribution systems for the transport of liquid or gaseous fuels. art 92. postal and telecommunications services the confederation is responsible for postal and telecommunications services. the confederation shall ensure the adequate, universal and reasonably priced provision of postal and telecommunications services in all regions of the country. the rates shall be fixed according to standard principles. art 93. radio and television the confederation is responsible for legislation on radio and television as well as on other forms of public broadcasting of features and information. radio and television shall contribute to education and cultural development, to the free shaping of opinion and to entertainment. they shall take account of the particularities of the country and the needs of the cantons. they shall present events accurately and allow a diversity of opinions to be expressed appropriately. the independence of radio and television as well as their autonomy in deciding on programming is guaranteed. account must be taken of the role and duties of other media, in particular the press. complaints about programmes may be submitted to an independent complaints authority. section 7. the economy art 94. principles of the economic system the confederation and the cantons shall abide by the principle of economic freedom. they shall safeguard the interests of the swiss economy as a whole and, together with the private sector, shall contribute to the welfare and economic security of the population. they shall endeavour to create favourable general conditions for the private sector in accordance with their responsibilities. any divergence from the principle of economic freedom, and in particular measures designed to restrain competition, shall be permitted only if they are provided for in the federal constitution or based on cantonal monopoly rights. art 95. professional activities in the private sector the confederation may legislate on professional activities in the private sector. it shall seek to create a unified swiss economic area. it shall guarantee that persons with an academic qualification or with a federal or cantonal educational qualification or an educational qualification recognised by a canton are able to practise their profession throughout switzerland. for the protection of the economy, private property and shareholders and to guarantee sustainable corporate governance, the law shall regulate swiss companies limited by shares listed on stock exchanges in switzerland and abroad in accordance with the following principles: the general meeting votes on an annual basis on the total amount of all remuneration (money and the value of benefits in kind) given to the board of directors, the executive board und the board of advisors. it elects on an annual basis the president of the board of directors, the individual members of the board of directors and the remuneration committee, and the independent proxy. pension funds vote in the interests of their insured members and disclose how they have voted. shareholders may vote remotely online; they may not be represented by a member of management or by a depositary bank; the members of management may not be given severance or similar payments, advance payments, bonuses for company purchases and sales, additional contracts as consultants to or employees of other companies in the group. the management of the company may not be delegated to a legal entity; the articles of association regulate the amount of credits, loans and pensions payable to members of management, their profit-sharing and equity participation plans and the number of mandates they may accept outside the group, as well as the duration of employment contracts of members of the executive board; persons violating the provisions under letters a-c are liable to a custodial sentence not exceeding three years or to a monetary penalty not exceeding six times their annual remuneration. art 96. competition policy the confederation shall legislate against the damaging effects in economic or social terms of cartels and other restraints on competition. it shall take measures to prevent abuses in price maintenance by dominant undertakings and private and public law organisations; against unfair competition. art 97. consumer protection the confederation shall take measures to protect consumers. it shall legislate on the legal remedies available to consumer organisations. these organisations shall have the same rights under the federal legislation on unfair competition as professional and trade associations. the cantons shall provide a conciliation procedure or a simple and rapid court procedure for claims of up to a certain sum. the federal council determines this sum. art 98. banks and insurance companies the confederation shall legislate on the banking and stock exchange system; in doing so, it shall take account of the special function and role of the cantonal banks. it may legislate on financial services in other fields. it shall legislate on private insurance. art 99. monetary policy the confederation is responsible for money and currency; the confederation has the exclusive right to issue coins and banknotes. the swiss national bank, as an independent central bank, shall pursue a monetary policy that serves the overall interests of the country; it shall be administered with the cooperation and under the supervision of the confederation. the swiss national bank shall create sufficient currency reserves from its revenues; part of these reserves shall be held in gold. a minimum of two thirds of the net profits made by the swiss national bank shall be allocated to the cantons. art 100. economic policy the confederation shall take measures to achieve balanced economic development, and in particular to prevent and combat unemployment and inflation. it shall take account of economic development in individual regions of the country. it shall cooperate with the cantons and the business community. in the field of money and banking, in foreign economic affairs and in the field of public finance, the confederation may if necessary depart from the principle of economic freedom. the confederation, the cantons and the communes shall take account of the economic situation in their revenue and expenditure policies. to stabilise the economic situation, the confederation may temporarily levy surcharges or grant rebates on federal taxes and duties. the accumulated funds must be held in reserve; following their release, direct taxes shall be individually refunded, and indirect taxes used to grant rebates or to create jobs. the confederation may oblige businesses to accumulate reserves for the creation of jobs; it shall for this purpose grant tax concessions and may require the cantons to do the same. following the release of the reserves, businesses shall be free to decide how the funds are applied within the scope of the uses permitted by law. art 101. foreign economic policy the confederation shall safeguard the interests of the swiss economy abroad. in special cases, it may take measures to protect the domestic economy. in doing so, it may if necessary depart from the principle of economic freedom. art 102. national economic supply the confederation shall ensure that the country is supplied with essential goods and services in the event of the threat of politico-military strife or war, or of severe shortages that the economy cannot by itself counteract. it shall take precautionary measures to address these matters. in exercising its powers under this article, it may if necessary depart from the principle of economic freedom. art 103. structural policy the confederation may support regions of the country that are under economic threat and promote specific economic sectors and professions, if reasonable self-help measures are insufficient to ensure their existence. in exercising its powers under this article, it may if necessary depart from the principle of economic freedom. art 104. agriculture the confederation shall ensure that agricultural sector, by means of a sustainable and market oriented production policy, makes an essential contribution towards: the reliable provision of the population with foodstuffs; the conservation of natural resources and the upkeep of the countryside; decentralised population settlement of the country. in addition to the self-help measures that can reasonably be expected in the agriculture sector and if necessary in derogation from the principle of economic freedom, the confederation shall support farms that cultivate the land. the confederation shall organise measures in such a manner that the agricultural sector fulfils its multi-functional duties. it has in particular the following powers and duties: supplementing revenues from agriculture by means of direct subsidies in order to achieve of fair and adequate remuneration for the services provided, subject to proof of compliance with ecological requirements. encouraging by means of economically advantageous incentives methods of production that are specifically near-natural and respectful of both the environment and livestock. legislating on declarations of origin, quality, production methods and processing procedures for foodstuffs. protecting the environment against the detrimental effects of the excessive use of fertilisers, chemicals and other auxiliary agents. at its discretion, encouraging agricultural research, counselling and education and subsidise investments. at its discretion, legislating on the consolidation of agricultural property holdings. for these purposes, the confederation shall provide both funds earmarked for the agricultural sector and general federal funds. art 105. alcohol the legislation on the manufacture, import, rectification and sale of alcohol obtained by distillation is the responsibility of the confederation. the confederation shall in particular take account of the harmful effects of alcohol consumption. art 106. gambling the confederation shall legislate on gambling; in doing so it shall take account of cantonal interests. a licence from the confederation is required in order to establish and operate a casino. in granting such a licence, the confederation shall take account of regional circumstances. it shall levy a revenue-related tax on casinos; this tax must not exceed 80 per cent of the gross revenues from gambling. it shall be used to fund the old-age, survivors’ and invalidity insurance. the cantons are responsible for granting licences for and supervising the following: gambling activities that are available to an unlimited number of people, are offered at more than one location and which are based on the same random draw or a similar procedure; the foregoing does not apply to the jackpot systems in casinos; betting on sports; games of skill. paragraphs 2 and 3 also apply to telecommunications-based gambling. the confederation and the cantons shall take account of the dangers of gambling. they shall ensure that appropriate protection is provided through legislation and supervisory measures and in doing so shall take account of the different characteristics of the games and the form and location of the gambling opportunity offered. the cantons shall ensure that the net revenues from gambling in accordance with paragraph 3 letters a and b are used in their entirety for charitable purposes, in particular in the fields of culture, social projects and sport. the confederation and the cantons shall coordinate their efforts to fulfil their tasks. to this end the law shall establish a joint body, one half of whose members shall be from the federal implementing bodies and the other half from the cantonal implementing bodies. art 107. weapons and war material the confederation shall legislate against misuse of weapons and their accessories and ammunition. it shall legislate on the manufacture, procurement and sale of war material as well as the import, export and transit of such material. section 8. housing, employment, social security and health art 108. construction of housing and home ownership the confederation shall encourage the construction of housing, the acquisition of the ownership of apartments and houses for the personal use of private individuals, as well as the activities of developers and organisations involved in the construction of public utility housing. it shall encourage in particular the acquisition and development of land for the construction of housing, increased efficiency in construction and the reduction of construction and housing costs. it may legislate on the development of land for housing construction and on increasing the efficiency of construction. in doing so, it shall take particular account of the interests of families, elderly persons, persons on low incomes and persons with disabilities. art 109. landlord and tenant the confederation shall legislate against abuses in tenancy matters, and in particular against unfair rents, as well as on the procedure for challenging unlawfully terminated leases and the limited extension of leases. it may legislate to declare framework leases to be generally applicable. such leases may be declared generally applicable only if they take appropriate account of the justified interests of minorities and regional particularities, and respect the principle of equality before the law. art 110. employment the confederation may legislate on: employee protection; relations between employer and employee, and in particular on common regulations on operational and professional matters; recruitment services; the declaration of collective employment agreements to be generally applicable. collective employment agreements may be declared generally applicable only if they take appropriate account of the justified interests of minorities and regional particularities, and they respect the principle of equality before the law and the right to form professional associations. august 1 is the national day of the swiss confederation. in terms of employment law, it is regarded as equivalent to a sunday, with equivalent rights to pay. art 111. old-age, survivors’ and invalidity pension provision the confederation shall take measures to ensure adequate financial provision for the elderly, surviving spouses and children, and persons with disabilities. these shall be based on three pillars, namely the federal old-age, survivors’ and invalidity insurance, the occupational pension scheme and private pension schemes. the confederation shall ensure that the federal old-age, survivors’ and invalidity insurance and the occupational pension scheme are able to fulfil their purpose at all times. it may require the cantons to exempt institutions of the federal old-age, survivors’ and invalidity insurance and the occupational pension scheme from liability to pay tax and to grant insured persons and their employers tax relief on contributions and reversionary rights. in cooperation with the cantons, it shall encourage private pension schemes, in particular through measures relating to taxation policy and the policy of promoting property ownership. art 112. old-age, survivors’ and invalidity insurance the confederation shall legislate on the old-age, survivors and invalidity insurance. in doing so, it shall adhere to the following principles: the insurance is compulsory. it provides cash and non-cash benefits. pensions must be sufficient to cover basic living expenses adequately. the maximum pension must not be more than twice the minimum pension. pensions must as a minimum be adjusted in line with price trends. the insurance is funded: through contributions from those insured, whereby employers must pay one half of the contributions payable by their employees; through subsidies from the confederation. the subsidies from the confederation may not exceed one half of the disbursements made under the scheme. the subsidies from the confederation shall in the first place be funded from the net proceeds of the tax on tobacco, the tax on distilled spirits and the tax on the revenues from gaming houses. [repealed by the popular vote on 28 nov 2004, with effect from 1 jan. 2008] art 112a. supplementary benefits confederation and cantons shall pay supplementary benefits to people whose basic living expenses are not covered by benefits under the old-age, survivors and invalidity insurance. the law determines the extent of the supplementary benefits as well as the tasks and responsibilities of the confederation and cantons. art 112b. promoting the rehabilitation of people eligible for invalidity benefits the confederation shall encourage the rehabilitation of people eligible for invalidity benefits by providing cash and non-cash benefits. for this purpose, it may use resources from the invalidity insurance. the cantons shall encourage the rehabilitation of people eligible for invalidity benefits, in particular through contributions to the construction and running of institutions that provide accommodation and work. the law determines the goals of rehabilitation and the principles and criteria. art 112c. aid for elderly people and people with disabilities the cantons shall provide for assistance and care in the home for elderly people and people with disabilities. the confederation shall support national efforts for the benefit of elderly people and people with disabilities. for this purpose, it may use resources from the old-age, survivors and invalidity insurance. art 113. occupational pension scheme the confederation shall legislate for an occupational pension scheme. in doing so, it shall adhere to the following principles: the occupational pension scheme, together with the old-age, survivors’ and invalidity insurance, enables the insured person to maintain his or her previous lifestyle in an appropriate manner. the occupational pension scheme is compulsory for employees; the law may provide for exceptions. employers shall insure their employees with a pension institution; if required, the confederation shall make it possible for employees to be insured with a federal pension institution. self-employed persons may insure themselves on a voluntary basis with a pension institution. for specific groups of self-employed persons, the confederation may declare the occupational pension scheme to be compulsory, either in general terms or for individual risks only. the occupation pension scheme is funded from the contributions of those insured, whereby employers must pay a minimum of one half of the contributions of their employees. pension schemes must satisfy the minimum requirements under federal law; the confederation may provide for national measures to resolve particular difficulties. art 114. unemployment insurance the confederation shall legislate on unemployment insurance. in doing so, it shall adhere to the following principles: the insurance guarantees appropriate compensation for loss of earnings and supports measures to prevent and combat unemployment. the insurance is compulsory for employees; the law may provide for exceptions. self-employed persons may insure themselves voluntarily. the insurance is funded by the contributions from those insured, whereby one half of the contributions of employees shall be paid by their employers. confederation and cantons shall provide subsidies in extraordinary circumstances. the confederation may enact regulations on social assistance for the unemployed. art 115. support for persons in need persons in need shall be supported by their canton of residence. the confederation regulates exceptions and powers. art 116. child allowances and maternity insurance in the fulfilment of its duties, the confederation shall take account of the needs of families. it may support measures for the protection of families. it may issue regulations on child allowances and operate a federal family allowances compensation fund. it shall establish a maternity insurance scheme. it may also require persons who cannot benefit from that insurance to make contributions. the confederation may declare participation in a family allowances compensation fund and the maternity insurance scheme to be compulsory, either in general terms or for individual sections of the population, and make its subsidies dependent on appropriate subsidies being made by the cantons. art 117. health and accident insurance the confederation shall legislate on health and accident insurance. it may declare health and the accident insurance to be compulsory, either in general terms or for individual sections of the population. art 118. health protection the confederation shall, within the limits of its powers, take measures for the protection of health. it shall legislate on: the use of foodstuffs as well as therapeutic products, narcotics, organisms, chemicals and items that may be dangerous to health; the combating of communicable, widespread or particularly dangerous human and animal diseases; protection against ionising radiation. art 118a. complementary medicine the confederation and the cantons shall within the scope of their powers ensure that consideration is given to complementary medicine. art 118b. research on human beings the confederation shall legislate on research on human beings where this is required in order to protect their dignity and privacy. in doing so, it shall preserve the freedom to conduct research and shall take account of the importance of research to health and society. the confederation shall adhere to the following principles in relation to biological and medical research involving human beings: it is a requirement for any research project that the participants or their legal representatives have given their informed consent. the law may provide for exceptions. a refusal is binding in every case. the risks and stress for the participants must not be disproportionate to the benefits of the research project. a research project involving persons lacking the capacity to consent may be conducted only if findings of equal value cannot be obtained from research involving persons who have the capacity to consent. if the research project is not expected to bring any immediate benefit to the persons lacking the capacity to consent, the risks and stress must be minimal. an independent assessment of the research project must have determined that the safety of the participants is guaranteed. art 119. reproductive medicine and gene technology involving human beings human beings shall be protected against the misuse of reproductive medicine and gene technology. the confederation shall legislate on the use of human reproductive and genetic material. in doing so, it shall ensure the protection of human dignity, privacy and the family and shall adhere in particular to the following principles: all forms of cloning and interference with the genetic material of human reproductive cells and embryos are unlawful. non-human reproductive and genetic material may neither be introduced into nor combined with human reproductive material. the procedure for medically-assisted reproduction may be used only if infertility or the risk of transmitting a serious illness cannot otherwise be overcome, but not in order to conceive a child with specific characteristics or to further research; the fertilisation of human egg cells outside a woman’s body is permitted only under the conditions laid down by the law; no more human egg cells may be developed into embryos outside a woman’s body than are capable of being immediately implanted into her. the donation of embryos and all forms of surrogate motherhood are unlaw­ful. the trade in human reproductive material and in products obtained from embryos is prohibited. the genetic material of a person may be analysed, registered or made public only with the consent of the person concerned or if the law so provides. every person shall have access to data relating to their ancestry. art 119a. transplant medicine the confederation shall legislate in the field of organ, tissue and cell transplants. in doing so, it shall ensure the protection of human dignity, privacy and health. it shall in particular lay down criteria for the fair allocation of organs. any donation of human organs, tissue and cells must be free of charge. the trade in human organs is prohibited. art 120. non-human gene technology human beings and their environment shall be protected against the misuse of gene technology. the confederation shall legislate on the use of reproductive and genetic material from animals, plants and other organisms. in doing so, it shall take account of the dignity of living beings as well as the safety of human beings, animals and the environment, and shall protect the genetic diversity of animal and plant species. section 9. residence and permanent settlement of foreign nationals art 121. legislation on foreign nationals and asylum the confederation is responsible for legislation on entry to and exit from switzerland, the residence and the permanent settlement of foreign nationals and on the granting of asylum. foreign nationals may be expelled from switzerland if they pose a risk to the security of the country. irrespective of their status under the law on foreign nationals, foreign nationals shall lose their right of residence and all other legal rights to remain in switzerland if they: are convicted with legal binding effect of an offence of intentional homicide, rape or any other serious sexual offence, any other violent offence such as robbery, the offences of trafficking in human beings or in drugs, or a burglary offence; or have improperly claimed social insurance or social assistance benefits. the legislature shall define the offences covered by paragraph 3 in more detail. it may add additional offences. foreign nationals who lose their right of residence and all other legal rights to remain in switzerland in accordance with paragraphs 3 and 4 must be deported from switzerland by the competent authority and must be made subject to a ban on entry of from 5–15 years. in the event of reoffending, the ban on entry is for 20 years. any person who fails to comply with the ban on entry or otherwise enters switzerland illegally commits an offence. the legislature shall issue the relevant provisions. art 121a. control of immigration switzerland shall control the immigration of foreign nationals autonomously. the number of residence permits for foreign nationals in switzerland shall be restricted by annual quantitative limits and quotas. the quantitative limits apply to all permits issued under legislation on foreign nationals, including those related to asylum matters. the right to permanent residence, family reunification and social benefits may be restricted. the annual quantitative limits and quotas for foreign nationals in gainful employment must be determined according to switzerland's general economic interests, while giving priority to swiss citizens; the limits and quotas must include crossborder commuters. the decisive criteria for granting residence permits are primarily a application from an employer, ability to integrate, and adequate, independent means of subsistence. no international agreements may be concluded that breach this article. the law shall regulate the details. section 10. civil law, criminal law, weights and measures art 122. civil law the confederation is responsible for legislation in the field of civil law and the law of civil procedure. the cantons are responsible for the organisation of the courts and the administration of justice in civil matters, unless the law provides otherwise. art 123. criminal law the confederation is responsible for legislation in the field of criminal law and the law of criminal procedure. the cantons are responsible for the organisation of the courts, the administration of justice in criminal cases as well as for the execution of penalties and measures, unless the law provides otherwise. the confederation may issue regulations on the execution of penalties and measures. it may grant subsidies to the cantons for: the construction of penal institutions; improvements in the execution of penalties and measures; institutions that conduct educative measures for the benefit of children, adolescents and young adults art 123a if a sex offender or violent offender is regarded in the reports required for sentencing as being extremely dangerous and his or her condition assessed as untreatable, he or she must be incarcerated until the end of his or her life due to the high risk of reoffending. early release and release on temporary licence are not permitted. only if new scientific findings prove that the offender can be cured and thus no longer represents a danger to the public can new reports be drawn up. if the offender is released on the basis of these new reports, the authorities granting his or her release must accept liability if he reoffends. all reports assessing sex offenders or violent offenders must be drawn up by at least two experienced specialists who are independent of each other. the reports must take account of all the principles that are important for the assessment. art 123b. no time limit for the right to prosecute or for penalties for sexual or pornography offences involving prepubescent children the right to prosecute sexual or pornography offences involving prepubescent children and the penalties for such offences is not subject to a time limit. art 124. victim support the confederation and the cantons shall ensure that persons who have suffered harm to their physical, mental or sexual integrity as the result of a criminal act receive support and are adequately compensated if they experience financial difficulties as a result of that criminal act. art 125. weights and measures the confederation is responsible for legislation on weights and measures. chapter 3. financial system art 126. financial management the confederation shall maintain its income and expenditure in balance over time. the ceiling for total expenditure that is to be approved in the budget is based on the expected income after taking account of the economic situation. exceptional financial requirements may justify an appropriate increase in the ceiling in terms of paragraph 2. the federal assembly shall decide on any increase in accordance with article 159 paragraph 3 letter c. if the total expenditure in the federal accounts exceeds the ceiling in terms of paragraphs 2 or 3, compensation for this additional expenditure must be made in subsequent years. the details are regulated by law. art 127. principles of taxation the main structural features of any tax, in particular those liable to pay tax, the object of the tax and its assessment, are regulated by law. provided the nature of the tax permits it, the principles of universality and uniformity of taxation as well as the principle of taxation according to ability to pay are applied. intercantonal double taxation is prohibited. the confederation shall take the measures required. art 128. direct taxes the confederation may levy a direct tax: of a maximum of 11.5 per cent on the income of private individuals; of a maximum of 8.5 per cent of the net profit of legal entities; [repealed by the popular vote on 28 nov. 2004, with effect from 1 jan. 2007] the confederation, in fixing the taxation rates, shall take account of the burden of direct taxation imposed by the cantons and communes. in relation to the tax on the income of private individuals, regular revisions shall be made to compensate for the consequences of an increased tax burden due to inflation. the tax is assessed and collected by the cantons. a minimum of 17 per cent of the gross revenue from taxation is allocated to the cantons. this share may be reduced to 15 per cent if the consequences of financial equalisation so require. art 129. tax harmonisation the confederation shall set out principles on the harmonisation of the direct taxes imposed by the confederation, the cantons and the communes; it shall take account of the efforts towards harmonisation made by the cantons. harmonisation shall extend to tax liability, the object of the tax and the tax period, procedural law and the law relating to tax offences. matters excluded from harmonisation shall include in particular tax scales, tax rates and tax allowances. the confederation may issue regulations to prevent unjustified tax benefits. art 130. value added tax the confederation may levy value added tax on the supply of goods, on services, including goods and services for personal use, and on imports, at a standard rate of a maximum of 6.5 per cent and at a reduced rate of at least 2.0 per cent. the law may provide for the taxation of accommodation services at a rate between the reduced rate and the standard rate. if, due to demographic changes, the financing of the old-age, survivors’ and invalidity insurance is no longer guaranteed, the standard rate may be increased by federal act by a maximum of 1 percentage point and the reduced rate by a maximum of 0.3 of a percentage point. five per cent of the non-earmarked revenues shall be used to reduce the health insurance premiums of persons on low incomes, unless an alternative method of assisting such persons is provided for by law. art 131. special consumption taxes the confederation may level special consumption taxes on: tobacco and tobacco products; distilled spirits; beer; automobiles and their parts; petroleum, other mineral oils, natural gas and products obtained by refining these resources, as well as on motor fuels. it may levy a surcharge on the consumption tax on motor fuels. the cantons shall receive ten per cent of the net proceeds from the taxation of distilled spirits. these funds must be used to fight the causes and effects of substance addiction. art 132. stamp duty and withholding tax the confederation may levy a stamp duty on securities, on receipts for insurance premiums and on other commercial deeds; deeds relating to property and mortgage transactions are exempt from stamp duty. the confederation may levy a withholding tax on income from moveable capital assets, on lottery winnings and on insurance benefits. 10 per cent of the tax revenue shall be allocated to the cantons. art 133. customs duties the confederation is responsible for legislation on customs duties and other duties on the cross-border movement of goods. art 134. exclusion of cantonal and communal taxation anything that is declared by federal legislation to be subject to, or exempt from value added tax, special consumption taxes, stamp duty or withholding tax may not be made liable to similar taxes by the cantons or communes. art 135. equalisation of financial resources and burdens the confederation shall issue regulations on the equitable equalisation of financial resources and burdens between the confederation and the cantons as well as among the cantons. the equalisation of financial resources and burdens is intended in particular to: reduce the differences in financial capacity among the cantons; guarantee the cantons a minimum level of financial resources; compensate for excessive financial burdens on individual cantons due to geo-topographical or socio-demographic factors; encourage intercantonal cooperation on burden equalisation; maintain the tax competitiveness of the cantons by national and international comparison. the funds for the equalisation of financial resources shall be provided by those cantons with a higher level of resources and by the confederation. the payments made by those cantons with a higher level of resources shall amount to a minimum of two thirds and a maximum of 80 per cent of the payments made by the confederation. title four. the people and the cantons chapter 1. general provisions art 136. political rights all swiss citizens over the age of eighteen, unless they lack legal capacity due to mental illness or mental incapacity, have political rights in federal matters. all citizens have the same political rights and duties. they may participate in elections to the national council and in federal popular votes, and launch or sign popular initiatives and requests for referendums in federal matters. art 137. political parties the political parties shall contribute to forming the opinion and will of the people. chapter 2. initiative and referendum art 138. popular initiative requesting the complete revision of the federal constitution any 100,000 persons eligible to vote may within 18 months of the official publication of their initiative propose a complete revision of the federal constitution. this proposal must be submitted to a vote of the people. art 139. popular initiative requesting a partial revision of the federal constitution in specific terms any 100,000 persons eligible to vote may within 18 months of the official publication of their initiative request a partial revision of the federal constitution. a popular initiative for the partial revision of the federal constitution may take the form of a general proposal or of a specific draft of the provisions proposed. if the initiative fails to comply with the requirements of consistency of form, and of subject matter, or if it infringes mandatory provisions of international law, the federal assembly shall declare it to be invalid in whole or in part. if the federal assembly is in agreement with an initiative in the form of a general proposal, it shall draft the partial revision on the basis of the initiative and submit it to the vote of the people and the cantons. if the federal assembly rejects the initiative, it shall submit it to a vote of the people; the people shall decide whether the initiative should be adopted. if they vote in favour, the federal assembly shall draft the corresponding bill. an initiative in the form of a specific draft shall be submitted to the vote of the people and the cantons. the federal assembly shall recommend whether the initiative should be adopted or rejected. it may submit a counter-proposal to the initiative. art 139a. repealed in the popular vote on 27 sept. 2009, with effect from 27 sept. 2009 art 139b. procedure applicable to an initiative and counter-proposal the people vote on the initiative and the counter-proposal at the same time. the people may vote in favour of both proposals. in response to the third question, they may indicate the proposal that they prefer if both are accepted. if in response to the third question one proposal to amend the constitution receives more votes from the people and the other more votes from the cantons, the proposal that comes into force is that which achieves the higher sum if the percentage of votes of the people and the percentage of votes of the cantons in the third question are added together. art 140. mandatory referendum the following must be put to the vote of the people and the cantons: amendments to the federal constitution; accession to organisations for collective security or to supranational communities; emergency federal acts that are not based on a provision of the constitution and whose term of validity exceeds one year; such federal acts must be put to the vote within one year of being passed by the federal assembly. the following are submitted to a vote of the people: popular initiatives for a complete revision of the federal constitution; [this let. in its version of federal decree of 4 oct. 2002 never came into force.] popular initiatives for a partial revision of the federal constitution in the form of a general proposal that have been rejected by the federal assembly; the question of whether a complete revision of the federal constitution should be carried out, in the event that there is disagreement between the two councils. art 141. optional referendum if within 100 days of the official publication of the enactment any 50,000 persons eligible to vote or any eight cantons request it, the following shall be submitted to a vote of the people: federal acts; emergency federal acts whose term of validity exceeds one year; federal decrees, provided the constitution or an act so requires; international treaties that: are of unlimited duration and may not be terminated; provide for accession to an international organisation; contain important legislative provisions or whose implementation requires the enactment of federal legislation. [repealed by the popular vote on 9 feb. 2003, with effect from 1 aug. 2003] art 141a. implementation of international treaties if the decision on ratification of an international treaty is subject to a mandatory referendum, the federal assembly may incorporate in the decision on ratification the amendments to the constitution that provide for the implementation of the treaty. if the decision on ratification of an international treaty is subject to an optional referendum, the federal assembly may incorporate in the decision on ratification the amendments to the law that provide for the implementation of the treaty. art 142. required majorities proposals that are submitted to the vote of the people are accepted if a majority of those who vote approve them. proposals that are submitted to the vote of the people and cantons are accepted if a majority of those who vote and a majority of the cantons approve them. the result of a popular vote in a canton determines the vote of the canton. the cantons of obwalden, nidwalden, basel-stadt, basel-landschaft, appenzell ausserrhoden and appenzell innerrhoden each have half a cantonal vote. title five. federal authorities chapter 1. general provisions art 143. eligibility for election any person eligible to vote may be elected to the national council, the federal council or the federal supreme court. art 144. incompatibility no member of the national council, of the council of states, of the federal council or judge of the federal supreme court may at the same time be a member of any other of these bodies. no member of the federal council or full-time judges of the federal supreme court may hold any other federal or cantonal office or undertake any other gainful economic activity. the law may provide for further forms of incompatibility. art 145. term of office the members of the national council and of the federal council as well as the federal chancellor are elected for a term of office of four years. judges of the federal supreme court have a term of office of six years. art 146. state liability the confederation shall be liable for damage or loss unlawfully caused by its organs in the exercise of official activities. art 147. consultation procedure the cantons, the political parties and interested groups shall be invited to express their views when preparing important legislation or other projects of substantial impact as well as in relation to significant international treaties. chapter 2. federal assembly section 1. organisation art 148. status subject to the rights of the people and the cantons, the federal assembly is the supreme authority of the confederation. the federal assembly comprises two chambers, the national council and the council of states; both chambers shall be of equal standing. art 149. composition and election of the national council the national council is composed of 200 representatives of the people. the representatives are elected directly by the people according to a system of proportional representation. a general election is held every four years. each canton constitutes an electoral constituency. the seats are allocated to the cantons according to their relative populations. each canton has at least one seat. art 150. composition and election of the council of states the council of states is composed of 46 representatives of the cantons. the cantons of obwalden, nidwalden, basel-stadt, basel-landschaft, appenzell ausserrhoden and appenzell innerrhoden each elect one representative; the other cantons each elect two representatives. the cantons determine the rules for the election of their representatives to the council of states. art 151. sessions the councils convene in session regularly. the convening of sessions is governed by law. the federal council or one quarter of the members of either council may request that the councils be convened for an extraordinary session. art 152. presidency each council elects a president from its members for a term of one year, together with a first vice-president and a second vice-president. re-election for the following year is not permitted. art 153. parliamentary committees each council forms committees from its members. the law may provide for joint committees. the law may delegate specific powers, which may not be legislative in their nature, to committees. in order to fulfil their duties, the committees have the right to information and to inspect documents and the power to conduct investigations. the extent of such rights and powers is governed by the law. art 154. parliamentary groups the members the federal assembly may form parliamentary groups. art 155. parliamentary services the federal assembly has parliamentary services at its disposal. it may call on the services of offices of the federal administration. the details are regulated by law. section 2. procedure art 156. separate proceedings the proceedings of the national council and council of states take place separately. decisions of the federal assembly require the agreement of both chambers. provision shall be made by the law to ensure that in the event of disagreement between the councils decisions are made on: the validity or partial invalidity of a popular initiative; the implementation of a popular initiative in the form of a general proposal that has been adopted by the people; the implementation of a federal decree initiating a total revision of the federal constitution that has been approved by the people; the budget or any amendment to it. art 157. joint proceedings the national council and council of states hold joint proceedings as the united federal assembly under the presidency of the president of the national council in order to: conduct elections; decide on conflicts of jurisdiction between the highest federal authorities; decide on applications for pardons. the united federal assembly also convenes for special events and to hear declarations made by the federal council. art 158. public meetings meetings of the councils are held in public. the law may provide for exceptions. art 159. quorum and required majority the councils are quorate if a majority of their members is present. decisions are taken in both chambers and in the united federal assembly by the majority of those who vote. however, the consent of an absolute majority of the members of each of the two councils is required for: a declaration that a federal act is urgent; provisions on subsidies, guarantee credits or spending ceilings that involve new non-recurrent expenditure of more than 20 million francs or new recurrent expenditure of more than 2 million francs; an increase in overall expenditure in the case of extraordinary financial requirements in terms of article 126 paragraph 3. the federal assembly may, by ordinance, adjust subsidies made in terms of paragraph 3 letter b in line with inflation. art 160. right to submit initiatives and motions any council member, parliamentary group, parliamentary committee or canton has the right to submit an initiative to the federal assembly. council members and the federal council have the right to submit motions on business that is under discussion. art 161. prohibition of voting instructions no member of the federal assembly may vote on the instructions of another person. members must disclose their links to interest groups. art 162. immunity the members of the federal assembly and the federal council as well as the federal chancellor may not be held liable for statements that they make in the assembly or in its organs. the law may provide for further forms of immunity and extend its scope to include other persons. section 3. powers art 163. form of federal assembly enactments the federal assembly shall enact provisions that establish binding legal rules in the form of federal acts or ordinances. other enactments are promulgated in the form of a federal decree; a federal decree that is not subject to a referendum is known as a “simple federal decree”. art 164. legislation all significant provisions that establish binding legal rules must be enacted in the form of a federal act. these include in particular fundamental provisions on: the exercise of political rights; the restriction of constitutional rights; the rights and obligations of persons; those liable to pay tax as well as the subject matter and assessment of taxes and duties; the duties and services of the confederation; the obligations of the cantons in relation to the implementation and enforcement of federal law; the organisation and procedure of the federal authorities. legislative powers may be delegated by federal act unless this is prohibited by the federal constitution. art 165. emergency legislation federal acts whose coming into force cannot be delayed (emergency federal acts) may be declared urgent by an absolute majority of the members of each of the two councils and be brought into force immediately. such acts must be of limited duration. if a referendum is requested on an emergency federal act, the act must be repealed one year after being passed by the federal assembly if it has not in the meantime been approved by the people. an emergency federal act that does not have the constitution as its basis must be repealed one year after being passed by the federal assembly if it has not in the meantime been approved by the people and the cantons. any such act must be of limited duration. an emergency federal act that is not approved in a popular vote may not be renewed. art 166. foreign relations and international treaties the federal assembly shall participate in shaping foreign policy and supervise the maintenance of foreign relations. it shall approve international treaties, with the exception of those that are concluded by the federal council under a statutory provision or an international treaty. art 167. finance the federal assembly determines the expenditure of the confederation, adopt the budget and approve the federal accounts. art 168. appointments the federal assembly elects the members of the federal council, the federal chancellor, the judges of the federal supreme court and, in times of war, the commander-in-chief of the armed forces ("the general"). the law may authorise the federal assembly to make or confirm other appointments. art 169. supervisory control the federal assembly supervises the federal council and the federal administration, the federal courts and other bodies entrusted with the tasks of the confederation. official secrecy does not apply in dealings with the special delegations of supervisory committees that are established under the law. art 170. evaluation of effectiveness the federal assembly shall ensure that federal measures are evaluated with regard to their effectiveness. art 171. tasks of the federal council the federal assembly may assign functions to the federal council. the details are regulated by law, and in particular the means by which the federal assembly may intervene in matters that fall within the remit of the federal council. art 172. relations between the confederation and the cantons the federal assembly shall ensure the maintenance of good relations between the confederation and the cantons. it shall guarantee the cantonal constitutions. it shall decide whether to approve intercantonal agreements and treaties between cantons and foreign countries where the federal council or a canton raises an objection to any such treaty. art 173. further duties and powers the federal assembly has the following additional duties and powers: taking measures to safeguard external security and the independence and neutrality of switzerland. taking measures to safeguard internal security. if extraordinary circumstances require, issuing ordinances or simple federal decrees in order to fulfil its duties under letters (a) and (b). regulating active service and mobilising the armed forces or sections thereof for this purpose. taking measures to enforce federal law. ruling on the validity of popular initiatives that meet the formal requirements. participating in the general planning of state activities. deciding on individual acts where a federal act expressly so provides. deciding on conflicts of jurisdiction between the highest federal authorities. issuing pardons and deciding on amnesties. the federal assembly also deals with matters that fall within the remit of the confederation and are not the responsibility of any other authority. other duties and powers may be delegated by law to the federal assembly. chapter 3. federal council and federal administration section 1. organisation and procedure art 174. federal council the federal council is the supreme governing and executive authority of the confederation. art 175. composition and election the federal council has seven members. the members of the federal council are elected by the federal assembly following each general election to the national council. they are elected for a term of office of four years. any swiss citizen eligible for election to the national council may be elected to the federal council. in electing the federal council, care must be taken to ensure that the various geographical and language regions of the country are appropriately represented. art 176. presidency the president of the confederation chairs the federal council. the president and the vice-president of the federal council are elected by the federal assembly from the members of the federal council for a term of office of one year. re-election for the following year is not permitted. the president may not be elected vice-president for the following year. art 177. principle of collegiality and allocation to departments the federal council reaches its decisions as a collegial body. for the purposes of preparation and implementation, the business of the federal council is allocated to its individual members according to department. business may be delegated to and directly dealt with by departments or their subordinate administrative units; in such cases, the right to legal recourse is guaranteed. art 178. federal administration the federal council is in charge of the federal administration. it ensures that it is organised appropriately and that it fulfils its duties effectively. the federal administration is organised into departments; each department is headed by a member of the federal council. administrative tasks may by law be delegated to public or private organisations, entities or persons that do not form part of the federal administration. art 179. federal chancellery the federal chancellery is the general administrative office of the federal council. it is headed by a federal chancellor. section 2. powers art 180. government policy the federal council decides on the objectives of federal government policy and the means by which they should be achieved. it plans and coordinates state activities. it informs the general public fully and in good time about its activities, unless overriding public or private interests prevent this. art 181. right to initiate legislation the federal council submits drafts of federal assembly legislation to the federal assembly. art 182. lawmaking and implementation of legislation the federal council enacts legislative provisions in the form of ordinances, provided it has the authority to do so under the constitution or the law. it ensures the implementation of legislation, the resolutions of the federal assembly and the judgments of federal judicial authorities. art 183. finances the federal council draws up the financial plan and the draft budget and prepare the federal accounts. it ensures orderly financial management. art 184. foreign relations the federal council is responsible for foreign relations, subject to the right of participation of the federal assembly; it represents switzerland abroad. it signs and ratifies international treaties. it submits them to the federal assembly for approval. where safeguarding the interests of the country so requires, the federal council may issue ordinances and rulings. ordinances must be of limited duration. art 185. external and internal security the federal council takes measures to safeguard external security, independence and neutrality of switzerland. it takes measures to safeguard internal security. it may in direct application of this article issue ordinances and rulings in order to counter existing or imminent threats of serious disruption to public order or internal or external security. such ordinances must be limited in duration. in cases of emergency, it may mobilise the armed forces. where it mobilises more than 4,000 members of the armed forces for active service or where the deployment of such troops is expected to last for more than three weeks, the federal assembly must be convened without delay. art 186. relations between the confederation and the cantons the federal council is responsible for maintaining relations between the confederation and the cantons and collaborates with the latter. it may approve cantonal legislation when required to do so by federal law. it may object to treaties between cantons or between cantons and foreign countries. it ensures compliance with federal law, as well as the cantonal constitutions and cantonal treaties and takes the measures required to fulfil this duty. art 187. further duties and powers the federal council also has the following duties and powers: supervising the federal administration and the other bodies entrusted with federal duties. reporting regularly to the federal assembly on the conduct of its business as well as on the situation in switzerland. making appointments that do not fall within the remit of other authorities. dealing with appeals, where the law so provides. other duties and powers may be delegated by law to the federal council. chapter 4. federal supreme court and other judicial authorities art 188. status the federal supreme court is the supreme judicial authority of the confederation. its organisation and procedure are governed by law. the federal supreme court has its own administration. art 189. jurisdiction of the federal supreme court the federal supreme court hears disputes concerning violations of: federal law; international law; inter-cantonal law; cantonal constitutional rights; the autonomy of the communes and other cantonal guarantees in favour of public law corporations; federal and cantonal provisions on political rights. 1bis [this para. in its version of federal decree of 4 oct. 2002 never came into force.] it hears disputes between the confederation and cantons or between cantons. the jurisdiction of the federal supreme court may be extended by law. acts of the federal assembly or the federal council may not be challenged in the federal supreme court. exceptions may be provided for by law. art 190. applicable law the federal supreme court and the other judicial authorities apply the federal acts and international law. art 191. access to the federal supreme court access to the federal supreme court is guaranteed by law. for disputes that do not relate to a legal issue of fundamental importance, the law may stipulate a threshold for the amount in dispute. the law may exclude access to the federal supreme court in relation to specific matters. the law may provide for a simplified procedure for appeals that are manifestly unfounded. art 191a. other federal judicial authorities the confederation shall appoint a criminal court, which hears at first instance criminal cases that by law come under federal jurisdiction. the law may confer further powers on the federal criminal court. the confederation shall appoint judicial authorities to hear public law disputes that come under the jurisdiction of the federal administration. the law may provide for further federal judicial authorities. art 191b. cantonal judicial authorities the cantons shall appoint judicial authorities to judge civil and public law disputes and criminal law cases. they may appoint joint judicial authorities. art 191c. independence of the judiciary the judicial authorities are independent in the exercise of their judicial powers and are bound only by the law. title six. revision of the federal constitution and transitional provisions chapter 1. revision art 192. principle the federal constitution may be totally or partially revised at any time. unless the federal constitution and the legislation based on it provides otherwise, any revision of the federal constitution is made by the legislative process. art 193. total revision a total revision of the federal constitution may be proposed by the people or by either of the two councils or be decreed by the federal assembly. if the initiative emanates from the people or if the two chambers are unable to agree, the people decide on whether a total revision should be carried out. if the people vote for a total revision, new elections shall be held to both chambers. the mandatory provisions of international law must not be violated. art 194. partial revision a partial revision of the federal constitution may be requested by the people or decreed by the federal assembly. the partial revision must respect the principle of cohesion of subject matter and must not violate mandatory provisions of international law. the popular initiative for partial revision must also respect the principle of consistency of form. art 195. commencement the totally or partly revised federal constitution comes into force when it is approved by the people and the cantons. chapter 2. transitional provisions art 196. transitional provisions in terms of the federal decree of 18 december 1998 on a new federal constitution 1. transitional provision to art 84 (transalpine transit traffic) the transfer of freight transit traffic from road to rail must be completed ten years after the adoption of the popular initiative for the protection of the alpine regions from transit traffic. 2. transitional provision to art 85 (flat-rate heavy vehicle charge) the confederation shall levy an annual charge for the use of roads that are open to general traffic on domestic and foreign motor vehicles and trailers that have a maximum permissible weight of over 3.5 tonnes. this charge amounts to: for trucks and articulated motor vehicles of over 3.5 to 12 t ... fr. 650 over 12 to 18 t ... fr. 2000 over 18 to 26 t ... fr. 3000 over 26 t ... fr. 4000 for trailers of over 3.5 to 8 t ... fr. 650 over 8 to 10 t ... fr. 1500 over 10 t ... fr. 2000 for coaches ... fr. 650 the rates of the charge may be adjusted by federal act insofar as this is justified by the cost of road transport. in addition, the federal council may adjust by ordinance the tariff category above 12 t in accordance with paragraph 2 to comply with any amendments to the weight categories contained in the road traffic act of 19 december 1958. for vehicles that are not on the road in switzerland for the entire year, the federal council shall determine suitably graduated rates of the charge; it shall take account of the costs of collecting the charge. the federal council shall regulate the implementation of the charge. it may determine rates in terms of paragraph 2 for special categories of vehicle, exempt certain vehicles from the charge and issue special regulations, in particular for journeys in border areas. such regulations must not result in vehicles registered abroad being treated more favourably than swiss vehicles. the federal council may provide for fines in respect of contraventions. the cantons shall collect the charge on vehicles registered in switzerland. the charge may be limited or abolished by law. this provision applies until the heavy vehicle charge act of 19 december 1997 comes into force. 3. transitional provision to art 87 (railways and other carriers) the major rail projects include the new rail link through the alps (nrla), rail 2000, the connection of eastern and western switzerland to the european high speed rail network as well as the improvement of noise protection along railway lines through active and passive measures. in order to fund the major rail projects, the federal council may: use all revenues from the flat-rate heavy vehicle charge in accordance with article 196 no 2 until the performance or consumption based heavy vehicle charge in terms of article 85 comes into force and may, for this purpose, increase the rates of the charge by a maximum of 100 per cent; use a maximum of two thirds of the revenues from the performance or consumption-based heavy vehicle charge in terms of article 85; use mineral oil tax revenues in terms of article 86 paragraph 3 letter b in order to cover 25 per cent of the total expenditures on the nrla base lines; raise funds on the capital market, up to a maximum however of 25 per cent of the total expenditures for nrla, rail 2000 and connection of eastern and western switzerland to the european high speed rail network; increase the value added tax rates laid down in article 130 paragraphs 1-3 by 0.1 percentage point; provide for additional funding from private sources or through international organisations. the funding of the major rail projects in accordance with paragraph 1 shall be carried out through a fund that is legally dependent on the confederation but which keeps its own accounts. the resources from the charges and taxes mentioned in paragraph 2 shall be entered in the financial accounts of the confederation and paid into the fund in the same year. the confederation may grant advances to the fund. the federal assembly shall enact the fund regulations in the form of an ordinance. the four major rail projects in terms of paragraph 1 shall be adopted by federal acts. proof must be established of the necessity and readiness for implementation. for each major project in its entirety. in the case of the nrla project, each of the construction phases shall form the subject matter of a federal act. the federal assembly shall approve the required funding through guarantee credits. the federal council shall approve the construction phases and determines the time schedule. this provision applies until the conclusion of the construction work and of the funding (through repayment of the advances) of the major rail projects mentioned in paragraph 1. 4. transitional provision to art 90 (nuclear energy) until 23 september 2000, no general, construction, start-up or operating licences for new facilities for the production of nuclear energy may be granted. 5. transitional provision to art 95 (private economic activity) until the enactment of federal legislation, the cantons must mutually recognise their education or training qualifications. 6. transitional provision to art 102 (national economic supply) the confederation shall guarantee the national supply of bread grain and baking flour. this transitional provision remains in force until 31 december 2003 at the latest. 7. transitional provision to art 103 (structural policy) for no more than ten years from the date on which the constitution comes into force, the cantons may retain existing regulations that make the opening of new businesses dependent on establishing a need, in order to guarantee the existence of important parts of a specific branch of the hotel and restaurant industry. 8. transitional provision to art 106 (gambling) [art 106 was revised on 11 march 2012.] 9. transitional provision to art 110 para. 3 (national day of the swiss confederation) until the amended federal legislation comes into force, the federal council shall regulate the details. the national day of the swiss confederation shall not be included in the calculation of the number the public holidays in accordance with article 18 paragraph 2 of the employment act. 10. repealed by the popular vote on 28 nov 2004, with effect from 1 jan. 2008 11. transitional provision to art 113 (occupational pension scheme) insured persons who belong to the generation working at the time of the introduction of the occupational pension scheme and therefore do not contribute for the full period shall receive the statutory minimum benefits, according to their income, within 10 to 20 years of the act coming into force. 12. transitional provision to art 126 (financial management) [art 126 was revised on 2 dec. 2001.] 13. transitional provision to art 128 (duration of tax levy) the power to levy the direct federal tax shall be limited until the end of 2020. 14. transitional provision to art 130 (value added tax) the power to levy value added tax is limited until the end of 2020. in order to guarantee the funding of invalidity insurance, the federal council shall raise the value added tax rates from 1 january 2011 until 31 december 2017 as follows: by 0.4 percentage points of the standard rate in accordance with article 36 paragraph 3 of the federal act of 2 september 1999 on value added tax (vata); by 0.1 percentage points of the reduced rate in accordance with article 36 paragraph 1 vata; by 0.2 percentage points of the special rate for accommodation services in accordance with article 36 paragraph 2 vata. the revenue from the increase in rates in accordance with paragraph 2 will be allocated in full to the compensation fund for invalidity insurance. 15. transitional provision to art 131 (beer tax) until a federal act comes into force, the beer tax shall be levied in accordance with the current law. 16. repealed by the popular vote on 28 nov 2004, with effect from 1 jan. 2008 art 197. transitional provisions following the adoption of the federal constitution of 18 april 1999 1. accession of switzerland to the united nations switzerland shall accede to the united nations. the federal council shall be authorised to submit an application to the secretary general of the united nations (un) requesting switzerland’s accession to the organisation, together with a declaration on the acceptance of the obligations contained in the un charter. 2. transitional provision to art 62 (school education) from the date on which the federal decree of 3 october 2003 on the new system of financial equalisation and the allocation of tasks between the confederation and cantons comes into force, the cantons shall, until they have their own approved special-needs school strategies, but for a minimum of three years, assume responsibility for the current payments made by the invalidity insurance for special needs education (including the special needs pre-school education in accordance with art 19 of the federal act of 19 june 1959 on invalidity insurance). 3. transitional provision to art 83 (national roads) the cantons shall construct the national roads listed in the federal decree of 21 june 1960 on the national road network (in its version valid on the commencement of the federal decree of 3 oct. 2003 on the new system of financial equalisation and the allocation of tasks between the confederation and cantons) in accordance with the regulations of and under the supervision of the confederation. the confederation and cantons shall share the costs. the share of the costs borne by the individual cantons shall be determined by the burden imposed on them by the national roads, their interest in these roads, and their financial capacity. 4. transitional provision to art 112b (promoting the rehabilitation of people eligible for invalidity benefits) from the date on which the federal decree of 3 october 2003 on the new system of financial equalisation and the allocation of tasks between the confederation and cantons comes into force, the cantons shall assume responsibility for the current payments made by the invalidity insurance to institutions, workshops and residential homes until they have an approved strategy on people with disabilities that also regulates the granting of cantonal contributions towards the construction and running of institutions that accept residents from outside the relevant canton, but for a minimum of three years. 5. transitional provision to art 112c (aid for elderly people and people with disabilities) the current payments under article 101bis of the federal act of 20 december 1946 on the old-age and survivors’ insurance for assistance and care in the home for elderly people and people with disabilities shall continue to be paid by the cantons until cantonal regulations on the financing of assistance and care in the home come into force. 7. transitional provision to art 120 (non-human gene technology) swiss agriculture shall remain free of gene technology for a period of five years following the adoption of this constitutional provision. in particular, the following may neither be imported nor placed on the market: genetically modified plants that are capable of propagation, parts of plants and seeds that are intended for agricultural, horticultural or forestry use in the environment; genetically modified animals that are intended for the production of foodstuffs and other agricultural products. 8. transitional provision to art 121 (residence and permanent settlement of foreign nationals) the legislature must define and add to the offences covered by article 121 paragraph 3 and issue the criminal provisions relating to illegal entry in accordance with article 121 paragraph 6 within five years of the adoption of article 121 paragraphs 3–6 by the people and the cantons. 9. transitional provision to art 75b (second homes) if the relevant legislation does not come into force within two years of the adoption of article 75b, the federal council shall issue the required implementing provisions on construction, sale and recording in the land register by ordinance. building permits for second homes granted between 1 january of the year following the adoption of article 75b and the date on which the implementing provisions come into force shall be null and void. 10. transitional provision to art 95 para. 3 until the statutory provisions come into force, the federal council shall issue the required implementing provisions within one year of the adoption of article 95 paragraph 3 by the people and the cantons. 11. transitional provision to art 121a (control of immigration) international agreements that contradict article 121a must be renegotiated and amended within three years of its adoption by the people and the cantons. if the implementing legislation for article 121a has not come into force within three years of its adoption by the people and the cantons, the federal council shall issue temporary implementing provisions in the form of an ordinance. final provisions of the federal decree of 18 december 1998 ii the federal constitution of the swiss confederation of 29 may 1874 is repealed. the following provisions of the federal constitution, which must be re-enacted as statute law, continue to apply until the corresponding statutory provisions come into force: hawking and other forms of itinerant sale of spirits are prohibited. for the use of first and second class motorways, the confederation shall levy an annual charge of 40 francs on each swiss and foreign motor vehicle and trailer with a total weight not exceeding 3.5 tonnes. ... ... the federal council may exempt specific vehicles from the charge and issue special regulations, in particular for journeys made in border areas. such regulations must not result in vehicles registered abroad being treated more favourably than swiss vehicles. the federal council may impose fines for contraventions of the regulations. the cantons shall collect the charge for vehicles registered in switzerland and monitor compliance of all vehicles with the regulations. ... the charge may be extended by federal act to further categories of vehicle that are not liable to pay the heavy vehicle charge. if the federal assembly decides to submit a counter-proposal, voters shall be asked three questions on the same ballot paper. each voter has the unrestricted right to state: whether he or she prefers the popular initiative to the existing law; whether he or she prefers the counter-proposal to the existing law; which of the two proposals should come into force in the event that the people and the cantons prefer both proposals to the existing law. the absolute majority shall be calculated separately for each question. unanswered questions shall not be taken into consideration. if both the popular initiative and the counter-proposal are accepted, the result of the third question shall be decisive. the proposal that receives the greater number of votes from the people and from the cantons on this question shall come into force. ... the federal assembly shall adapt amendments to the federal constitution of 29 may 1874 to the new federal constitution as regards their form. the decree issued to this effect shall not be subject to a referendum. iv this decree must be submitted to a vote of the people and the cantons. the federal assembly shall determine its commencement date. preamble we the people of solomon islands, proud of the wisdom and the worthy customs of our ancestors, mindful of our common and diverse heritage and conscious of our common destiny, do now, under the guiding hand of god, establish the sovereign democratic state of solomon islands; as a basis of our united nation declare that all power in solomon islands belongs to its people and is exercised on their behalf by the legislature, the executive and the judiciary established by this constitution; the natural resources of our country are vested in the people and the government of solomon islands; agree and pledge that our government shall be based on democratic principles of universal suffrage and the responsibility of executive authorities to elected assemblies; we shall uphold the principles of equality, social justice and the equitable distribution of incomes; we shall respect and enhance human dignity and strengthen and build on our communal solidarity; we shall cherish and promote the different cultural traditions within solomon islands; we shall ensure the participation of our people in the governance of their affairs and provide within the framework of our national unity for the decentralisation of power; and for these purposes we now give ourselves this constitution. chapter i. the state and the constitution 1. the state and head of state solomon islands shall be a sovereign democratic state. her majesty shall be the head of state of solomon islands. 2. constitution is supreme law this constitution is the supreme law of solomon islands and if any other law is inconsistent with this constitution, that other law shall, to the extent of the inconsistency, be void. chapter ii. protection of fundamental rights and freedoms of the individual 3. fundamental rights and freedoms of the individual whereas every person in solomon islands is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely: life, liberty, security of the person and the protection of the law; freedom of conscience of expression and of assembly and association; and protection for the privacy of his home and other property and from deprivation of property without compensation, the provisions of this chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. 4. protection of right to life no person shall be deprived of his life intentionally in execution of the sentence of a court in respect of a criminal offence under the law in force in solomon islands of which he has been convicted. a person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable— for the defence of any person from violence or for the defence of property; in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; for the purpose of suppressing a riot, insurrection or mutiny; or in order to prevent the commission by that person of a criminal offence, or if he dies as the result of a lawful act of war. 5. protection of right to personal liberty no person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say— in consequence of his unfitness to plead to a criminal charge; in execution of the sentence or order of a court, whether established for solomon islands or some other country, in respect of a criminal offence of which he has been convicted; in execution of the order of a court of record punishing him for contempt of that court or of a court inferior to it; in execution of the order of a court made to secure the fulfilment of any obligation imposed on him by law; for the purpose of bringing him before a court in execution of the order of a court; upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law in force in solomon islands; in the case of a person who has not attained the age of eighteen years, under the order of a court or with the consent of his parents or guardian, for the purpose of his education or welfare; for the purpose of preventing the spread of an infectious or contagious disease; in the case of a person who is, or is reasonably suspected to be of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community; for the purpose of preventing the unlawful entry of that person into solomon islands, or for the purpose of effecting the expulsion or extradition or other lawful removal of that person from solomon islands or for the purpose of restricting that person while he is being conveyed through solomon islands in the course of his extraditional removal as a convicted prisoner from one country to another; to such extent as may be necessary in the execution of a local order of a court requiring that person to remain within a specific area within solomon islands or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable in the taking of proceedings against that person relating to the making of any such order, or to such extent as may be reasonably justified for restraining that person during any visit that he is permitted to make to any part of solomon islands in which, in consequence of such order, his presence would otherwise be unlawful. any person who is arrested or detained shall be informed as soon as reasonably practicable, and in a language that he understands, of the reason for his arrest or detention. any person who is arrested or detained— for the purpose of bringing him before a court in execution of an order of a court; or upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law in force in solomon islands, and who is not released, shall be brought without undue delay before a court; and if any person arrested or detained upon reasonable suspicion of his having committed or being about to commit a criminal offence be tried within a reasonable time, then, without prejudice to any other proceedings that may be brought against him, he shall be released unconditionally or upon reasonable conditions, including in particular the conditions as are reasonably necessary to ensure that he appears at the date for trial or for proceedings preliminary to trial. 6. protection from slavery and forced labour no person shall be held in slavery or servitude. no person shall be required to perform forced labour. for the purposes of this section, the expression “forced labour” shall not include— any labour required in consequence of the sentence or order of a court; any labour required of any person while he is lawfully detained though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained; any labour required of a member of a disciplined force in pursuit of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service; any labour required during any period of public emergency or in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation; or any labour reasonably required as part of reasonable and normal communal or other civic obligations. 7. protection from inhuman treatment no person shall be subjected to torture or to inhuman or degrading punishment or other treatment. 8. protection from deprivation of property no property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except where the following conditions are satisfied, that is to say— the taking of possession or acquisition is necessary or expedient in the interests of defence, public safety, public order, public morality, public health, town or country planning or the development or utilisation of any property in such a manner as to promote the public benefit; and there is reasonable justification for the causing of any hardship that may result to any person having an interest in or right over the property; and provision is made by a law applicable to that taking of possession or acquisition— for the payment of reasonable compensation (the valuable consideration of which may take the form of cash or some other form and may be payable by way of lump sum or by instalments) within a reasonable period of time having due regard to all the relevant circumstances; and securing to any person having an interest in or right over the property a right of access to the high court, whether direct or on appeal from any other authority, for the determination of his interest or right, the legality of the taking of possession or acquisition of the property, interest or right, and the reasonableness the compensation and the period of time within which it shall be paid. nothing contained in or done under the authority of any law should be held to be inconsistent with or in contravention of this section— to the extent that the law in question makes provision for the taking of possession or acquisition of any property— in satisfaction of any tax rate or duty; by way of penalty for breach of the law or forfeiture as consequence of a breach of the law; as an incident of a lease, tenancy, mortgage, charge, bill sale, pledge or contract; in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations; in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or injurious to health of human beings, animals or plants; in consequence of any law with respect to the limitation of actions or acquisitive prescription; or for so long only as may be necessary for the purposes of an examination, investigation, trial or enquiry or, in the case of land, the carrying out thereon— of work of soil conservation or of conservation of other natural resources; or of work relating to agricultural development or improvement which the owner or occupier of the land has been required, and has without reasonable excuse refused or failed, to carry out, except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society; or to the extent that the law in question makes provision for the taking of possession or acquisition of— enemy property; property of a deceased person, a person of unsound mind, person who has not attained the age of twenty-one years or a person who is absent from solomon islands, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein; property of a person declared to be insolvent or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the insolvent or body corporate and, subject thereto, for the benefit of other persons entitle to the beneficial interest in the property; or property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust. nothing in this section shall be construed as affecting the making or operation of any law for the compulsory taking of possession in the public interest of any property or the compulsory acquisition in the public interest of any interest in or right over property, where that property, interest or right is held by a body corporate established for public purposes by any law and in which no moneys have been invested other than moneys provided by the government. 9. protection for privacy of home and other property except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision— in the interests of defence, public safety, public order, the prevention and investigation of breaches of the law, public morality, public health, town or country planning, the development and utilisation of mineral resources, or the development or utilisation of any other property in such a manner as to promote the public benefit; for the purpose of protecting the rights or freedoms of other persons; for the purpose of authorising an officer or agent of the government, an authority of the government of honiara city or of a provincial government, or a body corporate established by law for a public purpose to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or duty or in order to carry out work connected with any property that is lawfully on those premises and that belongs to the government, that authority or that body corporate, as the case may be; for the purpose of authorising the entry upon any premises in pursuance of an order of a court for the purpose of enforcing the judgment or order of a court in any proceedings; or for the purpose of authorising the entry upon any premises for the purpose of preventing or detecting criminal offences, and except so far as that provision or, as the case may be, anything done under the authority thereof is shown not to be reasonably justifiable in a democratic society. 10. provisions to secure protection of law if any person is charged with a criminal offence, then, unless the charge is withdrawn, that person shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law. every person who is charged with a criminal offence— shall be presumed to be innocent until he is proved or has pleaded guilty; shall be informed as soon as reasonably practicable, in detail and in a language that he understands, of the nature of the offence charged; shall be given adequate time and facilities for the preparation of his defence; shall be permitted to defend himself before the court in person or, at his own expense, by a legal representative of his own choice; shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge, and, except with his own consent, the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence. when a person is tried for any criminal offence, the accused person or any person authorised by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court. no person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed. no person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal. no person shall be tried for a criminal offence if he shows that he has been pardoned for that offence. no person who is tried for a criminal offence shall be compelled to give evidence at the trial. any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established or recognised by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other adjudicating authority, that person shall be given a fair hearing within a reasonable time. except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other adjudicating authority, including the announcement of the decision of the court or other authority, shall be held in public. nothing in the preceding subsection shall prevent the court or other adjudicating authority from excluding from the proceedings persons other than the parties thereto and their legal representatives to such extent as the court or other authority— may by law be empowered so to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory proceedings or in the interests of decency, public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings; or may by law be empowered or required so to do in the interest of defence public safety or public order. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of— subsection (2)(a) of this section to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts; subsection (2)(e) of this section to the extent that the law in question imposes reasonable conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or subsection (5) of this section to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law. 11. protection of freedom of conscience except with his own consent no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance. every religious community shall be entitled, at its own expense to establish and maintain places of education and to manage any place of education which it wholly maintains. no religious community shall be prevented from providing religious instruction for persons of that community in the course of any education provided at any place of education which it wholly maintains or in the course of any education which it otherwise provides. except with his own consent (or, if he is a person who has not attained the age of eighteen years, the consent of his guardian) no person attending any place of education shall be required to receive religious instruction or take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion other than his own. no person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision which is reasonably required— in the interests of defence, public safety, public order, public morality or public health; or for the purpose of protecting the rights and freedoms of other persons, including the right to practise and observe any religion without the unsolicited intervention of members of any other religion, except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. nothing in this section shall affect the power of parliament to prescribe the curriculum and related matters in all places of education within solomon islands. references in this section to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly. 12. protection of freedom of expression except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of this of section the said freedom includes the freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference and freedom from interference with his correspondence. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision— in the interests of defence, public safety, public order, public morality or public health; for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, or regulating the administration or the technical operation of telephony, telegraphy, posts, wireless, broadcasting or television; or that imposes restrictions upon public officers, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. 13. protection of freedom of assembly and association except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to political parties or to form or belong to trade unions or other associations for the protection of his interests. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision— in the interests of defence, public safety, public order, public morality or public health; for the purpose of protecting the rights or freedoms of other persons; or that imposes restrictions upon public officers, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. 14. protection of freedom of movement no person shall be deprived of his freedom of movement, and for the purpose of this section the said freedom means the right to move freely throughout solomon islands, the right to reside in any part of solomon islands, the right to enter solomon islands and immunity from expulsion from solomon islands. any restriction on a person’s freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this section. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision— for the imposition of restrictions on the movement or residence within solomon islands of any person or on any person’s right to leave solomon islands that are reasonably required in the interests of defence, public safety or public order; for the imposition of restrictions on the movement or residence within solomon islands or on the right to leave solomon islands of persons generally or any class of persons that are reasonably required in the interests of defence, public safety, public order, public morality or public health; for the imposition of restrictions on the movement or residence within solomon islands of any person who is not a citizen of solomon islands or the exclusion or expulsion from solomon islands of any such person; for the imposition of restrictions on the acquisition or use by any person of land or other property in solomon islands; for the imposition of restrictions upon the movement or residence within solomon islands of public officers; for the removal of a person from solomon islands to be tried or punished in some other country for a criminal offence under the law of that other country or to undergo imprisonment in that other country in execution of the sentence of a court in respect of a criminal offence under the law in force in solomon islands of which he has been convicted; or for the imposition of restrictions by order of a court, on the movement or residence within solomon islands of any person or on any person’s right to leave solomon islands either in consequence of his having been found guilty of a criminal offence under the law in force in solomon islands or for the purpose of ensuring that he appears before a court at a later date for trial or for proceedings relating to his extradition or lawful removal from solomon islands, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. if any person whose freedom of movement has been restricted by virtue only of such a provision as is referred to in subsection (3)(a) or (b) of this section so requests at any time during the period of that restriction not earlier than six months after he last made such a request during that period, his case shall be reviewed by an independent and impartial tribunal presided over by a person, qualified to be admitted to practise in solomon islands as an advocate or as a barrister and solicitor, appointed by the chief justice. on any review by a tribunal in pursuance of the preceding subsection of the case of a person whose freedom of movement has been restricted, the decision of the tribunal concerning the necessity or expediency of continuing the restriction shall be binding on the authority by which it was ordered. 15. protection from discrimination on grounds of race, etc subject to the provisions of subsections (5), (6) and (9) of this section, no law shall make any provision that is discriminatory either of itself or in its effect. subject to the provisions of subsections (7), (8) and (9) of this section, no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the function of any public office or any public authority. subject to the provisions of subsection (9) of this section, no person shall be treated in a discriminatory manner in respect of access to shops, hotels, lodging-houses, public restaurants, eating-houses or places of public entertainment or in respect of access to places of public resort maintained wholly or partly out of public funds or dedicated to the use of the general public. in this section the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour, creed or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description. subsection (1) of this section shall not apply to, any law so far as that law makes provision— for the imposition of taxation or the appropriation of revenue by the government or the government of honiara city, or any provincial government, or the honiara city council, or any provincial assembly for local purposes; with respect to persons who are not citizens of solomon islands. nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to race, place of origin, political opinions, colour, creed or sex) to be required of any person who is appointed to any office in the public service, any office in a disciplined force, any office in the service of the government of honiara city or any provincial government, or any office in a body corporate established directly by any law for public purposes, or who wishes to engage in any trade or business. subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (5) or (6) of this section. subsection (2) of this section shall not affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this constitution or any other law. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (4) of this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 9, 11, 12, 13 and 14 of this constitution, being such a restriction as is authorised by section 9(2), 11(6), 12(2), 13(2) or 14(3), as the case may be. 16. provisions for periods of public emergency in this chapter “period of public emergency” means any period during which— solomon islands is at war; or there is in force a declaration made under the provisions of this section. the governor-general may at any time by proclamation declare that a state of public emergency exists and as soon as practicable shall publish such proclamation in the gazette. a declaration made under subsection (2) of this section shall cease to have effect on the expiration of a period of seven days commencing with the day on which the declaration is made unless before the expiration on of that period it has been approved by a resolution of parliament supported by the votes, of at least two-thirds of all the members thereof: provided that, if a declaration is made during any period when parliament is not sitting, parliament shall be convened not later than two weeks after the day on which the declaration is made and the period of seven days referred to in this subsection shall commence on the day on which parliament convened. a declaration made under subsection (2) of this section may at any time before it has been approved by a resolution of parliament be revoked by the governor-general by a proclamation published in the gazette. a declaration made under subsection (2) of this section and approved by a resolution of parliament under subsection (3) shall continue in force until the expiration of a period of four months commencing with the day on which the declaration is made or until such earlier date as may be specified in the resolution. notwithstanding the provisions of subsection (5) of this section, a declaration made under subsection (2) and approved by a resolution of parliament under subsection (3) may at any time be revoked by a resolution of parliament supported by the votes of a majority of all the members thereof. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of section 5, 6(2), 9, 11, 12, 13, 14 or 15 of this constitution to the extent that the law in question makes in relation to any period of public emergency provision, or authorises the doing during any such period of anything, that is reasonably justifiable in the circumstances of any situation arising or existing during the period for the purpose of dealing with that situation. where a person is detained by virtue of a law that authorises the taking during a period of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists in solomon islands during that period, the following provisions shall apply, that is to say— he shall, as soon as reasonable practicable, be furnished with a statement in writing in a language that he understands, specifying in detail the grounds upon which he is detained; the announcement of his detention shall be made as soon as possible, and not more than fourteen days after the commencement of his detention a notification shall be published in the gazette stating that he has been detained and giving particulars of the provision of law under which his detention is authorised; for the application, in the case of persons of any such description as is mentioned in the preceding subsection (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law applicable to persons of that description; for the application of customary law; with respect to land, the tenure of land, the resumption and acquisition of land and other like purposes; for the advancement of the more disadvantaged members of the community; or whereby persons of any such description as is mentioned in the preceding subsection may be subjected to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society. on any review by a tribunal in pursuance of subsection (8) of this section of the case of a detained person, the decision of the tribunal concerning the necessity or expediency of continuing his detention shall be binding on the authority by which it was ordered. nothing contained in paragraph (d) or (e) of subsection (8) of this section shall be construed as entitling a person to legal representation at public expense. 17. compensation for contravention of rights and freedoms any person any of whose rights or freedoms under this chapter has been contravened shall be entitled to compensation for the contravention thereof from the person or authority which contravened it. 18. enforcement of protective provisions subject to the provision of subsection (6) of this section, if any person alleges that any of the provisions of sections 3 to 16 (inclusive) of this constitution has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such contravention in relation to the detained person) then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the high court for redress. the high court shall have original jurisdiction— to hear and determine any application made by any person in pursuance of the preceding subsection; to determine any question arising in the case of any person which is referred to it in pursuance of the next following subsection, and may make such orders, issue such writs and give such directions, including the payment of compensation, as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provision of sections 3 to 16 (inclusive) of this constitution: provided that the high court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law. if in any proceedings in any subordinate court any question arises as to the contravention of any of the provisions of sections 3 to 16 (inclusive) of this constitution, the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question to the high court unless, in his opinion, the raising of the question is merely frivolous or vexatious. any person aggrieved by any determination of the high court under this section may appeal therefrom to the court of appeal: provided that no appeal shall lie from a determination of the high court under this section dismissing an application on the ground that it is frivolous or vexatious. parliament may confer upon the high court powers additional to those conferred by this section for the purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by this section. rules of court making provision with respect to the practice and procedure of the high court in relation to the jurisdiction conferred on it by or under this section (including rules with respect to the time within which any application or reference shall or may be made or brought) may be made by the person or authority for the time being having power to make rules of court with respect to the practice and procedure of that court generally. 19. interpretation and savings in this chapter, unless the context otherwise requires— “contravention,” in relation to any requirement includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly; “court” means any court of law having jurisdiction in solomon islands, other than a court established by a disciplinary law, and includes in sections 4 and 6 of this constitution a court established by a disciplinary law; “disciplinary law” means a law regulating the discipline of any disciplined force; “disciplined force” means— any naval, military or air force; the solomon islands fire service; the correctional service; the marine division; the police force; the special constabulary; or any other constabulary or police force established by parliament; “member,” in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline. nothing contained in sections 12, 13 and 14 of this constitution shall be construed as precluding the inclusion in the terms and conditions of service of public officers of reasonable requirements as to their communication or association with other persons or as to their movements or residence. in relation to any person who is a member of a disciplined force of solomon islands, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this chapter other than sections 4, 6, 7, 8 and 15. in relation to any person who is a member of a disciplined force that is not a disciplined force of solomon islands and who is present in solomon islands in pursuance of arrangements made between the government of solomon islands and another government or an international organisation, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this chapter. no measure taken in relation to a person who is a member of a disciplined force of a country with which solomon islands is at war and no law, to the extent that it authorises the taking of any such measures, shall be held to be inconsistent with or in contravention of any of the provisions of this chapter. chapter iii. citizenship 20. persons who become citizens on independence day 1 every person who is immediately before independence day an indigenous solomon islander shall become a citizen of solomon islands on independence day. every person who was born in solomon islands before independence day and who has or had two grandparents who are or were members of a group, tribe or line indigenous to papua new guinea or the new hebrides shall become a citizen of solomon islands on independence day. every person who before independence day has made, or been included in an application to the government for citizenship of solomon islands containing the information specified in subsection (4) of this section and who at the time of making such application possessed any of the qualifications specified in subsection (3) of this section, shall become a citizen of solomon islands on independence day. the qualifications referred to in subsection (2) of this section and subsection (1) of the next following section are that the person concerned, not being an indigenous solomon islander, is— a woman married to an indigenous solomon islander; or a citizen of the united kingdom and colonies or a british protected person who was born in solomon islands; or a citizen of the united kingdom and colonies or a british protected person having acquired such status under the british nationality acts 1948 to 1965[3] by virtue of his having been naturalised or registered under those acts, or naturalised as a british subject before 1949, by the governor of the former protectorate of the solomon islands; or a citizen of the united kingdom and colonies or a british protected person whose father possesses or at his death possessed one of the qualifications specified in paragraph (b) or (c) of this subsection; or a woman who has been married to a person who possesses, or at his death possessed, one of the qualifications specified in paragraph (b), (c) or (d) of this subsection; or a citizen of the united kingdom and colonies or a british protected person who was deemed to belong to solomon islands because such person— has lawfully resided in solomon islands for any period of seven years during which he has not been absent therefrom for a period or periods amounting in all to more than eighteen months and since the completion of such period of residence has not been ordinarily resident continuously for a period of two years or more in any other territory within the commonwealth in circumstances in which he has acquired or retained a right of residence in that territory; or is the wife of a person to whom the foregoing subparagraph applies not living apart from such person under a decree of a court or a deed of separation; or is the child, step-child or child adopted in a manner recognised by law under the age of eighteen years of a person to whom either of the foregoing subparagraphs applies. the information required to be contained in an application for the purposes of this section and the next following section is as follows— the name, date and place of birth (so far as is known) of the applicant of any other person included in the application or of a minor on whose behalf the application is made, together with, where applicable, the date of naturalisation or registration; a statement by the applicant whether or not he is including in his application his wife and minor children, if any, and in the case of an application including a wife, a statement by her that she consents to her inclusion in the application; if the applicant is applying on grounds that his father was born, naturalised or registered in solomon islands, also the father’s name, place and date of birth (so far as is known) and, if relevant, the date of the father’s naturalisation or registration; if the application is made by or on behalf of a woman on grounds of marriage to a man who, or whose father, was born, naturalised or registered in solomon islands also the name, place and date of birth (so far as is known) and, if relevant, the date of naturalisation or resignation of the man and, if necessary, his father; a statement by the applicant that, if he is resident in solomon islands at the time of making application, he intends to continue such residence, or that, if he is not so resident at that time, he regards solomon islands as his home country; a declaration by the applicant of his allegiance to solomon islands and his respect for the culture, the language and the way of life of solomon islands; and a statement by the applicant that he intends to renounce any other nationality that he may hold at the time of making application. the reference in paragraph (3) of this section to the governor of the former protectorate of solomon islands shall, in relation to any certificate granted or registration effected by some other officer in his capacity as the officer for the time being administering the government of the former protectorate of the solomon islands, be construed as reference to that officer. every person who becomes a citizen of solomon islands on independence day by virtue of subsection (2) of this section shall receive a certificate of his acquisition of such citizenship as soon as practicable after independence day. 21. persons entitled to be registered as citizens after independence day every person who immediately before independence day possessed any of the qualifications specified in subsection (3) of the preceding section and who within the prescribed period has made, or been included in, an application to the government for citizenship of solomon islands containing the information specified in subsection (4) of the preceding section shall be registered as a citizen of solomon islands. for the purposes of subsection (1) of this section, “the prescribed period” means the period beginning on independence day and expiring two years thereafter: provided that the minister responsible for citizenship matters may extend that period in respect of such applications or classes of application where the applicant was, by reason of his absence from solomon islands or other reasonable cause, unaware of his right to apply, as he may think fit. 22. persons born on or after independence day every person born on or after independence day, whether within or outside solomon islands, shall become a citizen of solomon islands at the date of his birth if at that date either of his parents is, or would but for his death have been, a citizen of solomon islands. 23. avoidance of dual nationality subject to the provisions of subsection (2) of this section, any citizen of solomon islands who is a national of some other country shall cease to be a citizen of solomon islands at the expiry of two years after the date on which he acquired citizenship of solomon islands or turned the age of eighteen years, whichever is the later, or such longer period as may be prescribed by parliament, unless before the expiry of that period he has renounced or lost the nationality of that other country or, the law of that other country does not permit him to renounce that nationality, made such declaration as may be prescribed. any person who, being aged eighteen years or more, acquired citizenship of solomon islands by virtue of section 20(2) or 21 of this constitution and who is a national of some other country shall cease to be a citizen of solomon islands at the expiry of six months after the date on which he acquired citizenship of solomon islands or such longer period as may be prescribed by parliament, unless before the expiry of that period he has renounced or lost the nationality of that other country or, if the law of that other country does not permit him to renounce that nationality, make such declaration as may be prescribed. 24. commonwealth citizens every person who under this chapter or any other law is a citizen of solomon islands or under any enactment for the time being in force in any country to which this section applies is a citizen of that country shall, by virtue of that citizenship, have the status of a commonwealth citizen. every person who is a british subject without citizenship under the british nationality act 1948, who continues to be a british subject under section 2 of that act or is a british subject under the british nationality act 1965 shall, by virtue of that status, have the status of a commonwealth citizen. save as may be otherwise provided by parliament, the countries to which this section applies are australia, the bahamas, bangladesh, barbados, botswana, canada, cyprus, fiji, the gambia, ghana, grenada, guyana, india, jamaica, kenya, lesotho, malawi, malaysia, malta, mauritius, nauru, new zealand, nigeria, papua new guinea, seychelles, sierra leone, singapore, southern rhodesia, sri lanka, swaziland, tanzania, tonga, trinidad and tobago, uganda, the united kingdom and colonies, western samoa and zambia. 25. powers of parliament parliament may make provision— for the acquisition of citizenship of solomon islands by persons who are not eligible or who are no longer eligible to become citizens of solomon islands by virtue of the provisions of this chapter; for the deprivation and renunciation of citizenship of solomon islands held by any person who has attained the age of eighteen years. 26. interpretation in this chapter— “british protected person” means a person who is a british protected person for the purposes of the british nationality act 1949; “indigenous solomon islander” means any person who is, or one of whose parents is, or was, a british protected person and or a group, tribe or line indigenous to solomon islands. any reference in this chapter to the father of a person shall, in relation to a person born out wedlock, be construed as a reference to the mother of that person. for the purposes of this chapter, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country. for the purposes of this chapter, an application shall be deemed to have been made on the date on which it is lodged with the government or with any person who has been appointed by the government to receive applications. chapter iv. the governor-general 27. establishment of office of governor-general there shall be a governor-general of solomon islands who shall be appointed by the head of state in accordance with an address from parliament and who shall be the representative of the head of state in solomon islands. a person shall not be qualified for appointment to the office of governor-general unless he is qualified for election as a member of parliament under chapter vi of this constitution. the office of governor-general shall become vacant— at the expiration of five years from the date of his appointment; or if he is removed from office by the head of state, in accordance with an address from parliament supported by the votes of at least two-thirds of all the members thereof, for misbehaviour or for such other cause as may be prescribed by parliament. no person may be appointed as governor-general for more than two terms of office. 28. acting governor-general whenever the office of governor-general is vacant or the holder of the office is absent from solomon islands or is for any other reason unable to perform the functions of his office, those functions shall be performed by the speaker or, if the office of speaker is vacant or the holder of that office is likewise absent or unable to perform those functions, by the chief justice. 29. oaths to be taken by governor-general a person appointed to the office of governor-general or assuming the functions of that office under the preceding section shall, before entering upon the duties of that office, take and subscribe the oath of allegiance and the oath of office as prescribed in schedule 1 to this constitution, such oaths being administered by the chief justice or such other judge of the high court or the court of appeal as may be designated by the chief justice. chapter v. the executive 30. executive authority of solomon islands the executive authority of the people of solomon islands is vested in the head of state. save otherwise provided in this constitution, that authority may be exercised on behalf of the head of state by the governor-general either directly or through officers subordinate to him. nothing in this section shall preclude persons or authorities other than the governor-general from exercising such functions as may be conferred upon them by any law. 31. exercise of governor-general’s functions in the exercise of his functions under this constitution or any other law, the governor-general shall act in accordance with the advice of the cabinet or of a minister acting under the general authority of the cabinet except in cases where he is required by this constitution to act in accordance with the advice of, or after consultation with, any person or authority other than the cabinet or in his own deliberate judgment. where the governor-general is required by this constitution to exercise any function after consultation with any person or authority other than the cabinet, he shall not be obliged to exercise that function in accordance with the advice of that person or authority. where the governor-general is required by this constitution to act in accordance with the advice of, or after consultation with, any person or authority, the question whether he has in any matter so acted shall not be called in question in any court of law. 32. governor-general to be kept informed the prime minister shall keep the governor-general fully informed concerning the general conduct of the government of solomon islands and shall furnish the governor-general with such information as he may request with respect to any particular matter relating to the government of solomon islands. 33. ministers there shall be a prime minister who shall be elected as such by the members of parliament from amongst their number in accordance with the provisions of schedule 2 to this constitution. there shall be, in addition to the office or prime minister such other offices of minister of the government, not exceeding eleven or such greater number as parliament may prescribe, as may be established by the governor-general, acting in accordance with the advice of the prime minister: provided that one of such offices of minister of the government shall be that of deputy prime minister. the ministers other than the prime minister shall be appointed by the governor-general, acting in accordance with the advice of the prime minister from among the members of parliament: provided that if occasion arises for making an appointment while parliament is dissolved a person who was a member of parliament immediately before the dissolution may be appointed. 34. tenure of office of ministers if a resolution of no confidence in the prime minister is passed by parliament by an absolute majority of the votes of members thereof the governor-general shall remove the prime minister from office, whereupon the members of parliament shall meet as soon as possible during the same session of parliament to elect a new prime minister in accordance with the provisions of schedule 2 to this constitution. a motion for a resolution of no confidence in the prime minister shall not be passed by parliament unless notice of the motion has been given to the speaker at least seven clear days before it is introduced. the office of prime minister shall also become vacant— when, after a general election, the members of parliament meet to elect a prime minister in accordance with the provisions of schedule 2 to this constitution; if he ceases to be a member of parliament for any reason other than a dissolution of parliament; if he is elected as speaker or deputy speaker; or if he resigns such office by writing under his hand addressed to the governor-general. subject to the next following subsection, during any period when the office of prime minister is vacant, the person who held that office immediately before the vacancy arose shall continue to perform the functions of prime minister until a person is elected to the office of prime minister in accordance with the provisions of schedule 2 to this constitution. if the person holding the office of prime minister dies, the governor-general shall, after consultation with the other ministers, appoint one of them to perform the functions of prime minister until a person is elected to the office of prime minister in accordance with the provisions of schedule 2 to this constitution. the office of a minister other than the prime minister shall become vacant— upon the election of any person to the office of prime minister in accordance with the provisions of schedule 2 to this constitution; if be ceases to be a member of parliament for any reason other than a dissolution of parliament; if he is elected as speaker or deputy speaker; if he resigns such office by writing under his hand addressed to the governor-general; or if his appointment to the office of a minister is revoked by the governor-general acting in accordance with the advice of the prime minister. 35. the cabinet there shall be a cabinet for solomon islands, consisting of the prime minister and the other ministers. the functions of the cabinet shall be to advise the governor-general in the government of solomon islands and the cabinet shall be collectively responsible to parliament for any advice given to the governor-general by or under the general authority of the cabinet and for all things done by or under the authority of any minister in the execution of his office. the provisions of the preceding subsection shall not apply in relation to— the appointment and removal from office of ministers, the assigning of responsibility to any minister under section 37 of this constitution, or the authorisation of another minister to perform the functions of the prime minister during illness or absence; or the matters referred to in section 45 of this constitution (which relate to the prerogative of mercy). the attorney-general shall be the legal adviser to the cabinet and as such shall attend the meetings of the cabinet unless otherwise directed by the cabinet. 36. proceedings in cabinet the cabinet shall be summoned by the prime minister. the prime minister shall, so far as is practicable, attend and preside at all meetings of the cabinet. no business except that of adjournment shall be transacted in the cabinet if objection is taken by any member present that there are present less than a majority of the members for the time being of the cabinet. subject to the preceding subsection, the cabinet shall not be disqualified for the transaction of business by reason of any vacancy in its membership, and any proceedings of the cabinet shall be valid notwithstanding that some person who was not entitled to do so took part in those proceedings. the prime minister shall decide what business shall be considered at any meeting of the cabinet. the person presiding in the cabinet may summon any person to a meeting of the cabinet, notwithstanding that that person is not a member of the cabinet, when in the opinion of the person presiding the business of the cabinet makes the presence of that person desirable: provided that a person shall not be under any obligation to answer any question put to him by any member of the cabinet at such meeting. 37. assignment of responsibilities to ministers the governor-general, acting in accordance with the advice of the prime minister, may, by directions in writing, assign to the prime minister or any other minister responsibility for the conduct (subject to the provisions of this constitution and any other law) of any business of the government, including responsibility for the administration of any department of the government. 38. performance of prime minister’s functions during illness or absence whenever the prime minister is unable, by reason of illness or absence from solomon islands, to perform the functions conferred on him by this constitution, those functions shall be performed by the deputy prime minister or, if he too is unable to do so, the governor-general may, by directions in writing, authorise some other minister to perform those functions (other than the functions conferred by this section) and that minister may perform those functions until his authority is revoked by the governor-general. the powers of the governor-general under this section shall be exercised by him in accordance with the advice of the prime minister: provided that if the governor-general, acting in his own deliberate judgment, considers that it is impracticable to obtain the advice of the prime minister owing to the prime minister’s illness or absence, the governor general may exercise those powers without that advice and in his own deliberate judgment. 39. oaths to be taken by members of cabinet before assuming the functions of his office every member of the cabinet shall make before the governor-general, or some person authorised in that behalf by the governor-general, oaths of allegiance and for the due execution of his office in the forms set out in schedule 1 to this constitution. 40. direction, etc. of government departments where any minister has been charged with responsibility for the administration of any department of the government, he shall exercise general direction and control over that department and, subject to such direction and control, any department in the charge of a minister (including the office of the prime minister or any other minister) shall be under the supervision of a permanent secretary or some other supervising officer whose office shall be a public office: provided that— any such department may be under the joint supervision of two or more supervising officers; and different parts of any such department may respectively be under the supervision of different supervising officers. 41. secretary to cabinet there shall be a secretary to the cabinet whose office shall be that of a permanent secretary. the secretary to the cabinet shall have charge of the office of the cabinet and shall be responsible, in accordance with such instruction as may be given to him by the prime minister, for arranging the business for, and keeping the minutes of, the meetings of the cabinet and for conveying the decisions of the cabinet to the appropriate person or authority, and shall have such other functions as the prime minister may from time to time direct. 42. attorney-general there shall be an attorney-general whose office shall be a public office and who shall be the principal legal adviser to the government. the attorney-general shall be appointed by the judicial and legal service commission acting in accordance with the advice of the prime minister. no person shall be qualified to hold the office of attorney-general unless he is entitled to practise in solomon islands as an advocate or as a barrister and solicitor. if the minister responsible for justice is not a person entitled to practise in solomon islands as an advocate or as a barrister and solicitor, the person holding the office of attorney-general shall be entitled to take part in the proceedings of parliament as adviser to the government: provided that he shall not be entitled to vote in parliament or in any election for the office of prime minister. 43. commissioner of police there shall be a commissioner of police, whose office shall be a public office. the commissioner of police shall be appointed by the governor-general acting in accordance with the advice of the prime minister tendered after the prime minister has consulted the police and correctional service commission. the police force shall be under the command of the commissioner of police. the prime minister, or such other minister as may be authorised in that behalf by the prime minister, may give to the commissioner of police such general directions of policy with regard to the maintenance of public safety and public order as he may consider necessary and the commissioner shall comply with such direction or cause them to be complied with. nothing in this section shall be construed as precluding the assignment to a minister of responsibility under section 37 of this constitution for the organization, maintenance and administration of the police force, but the commissioner of police shall be responsible for determining the use and controlling the operations of the force and, except as provided in the preceding subsection, the commissioner shall not, in the exercise of his responsibilities and powers with respect to the use and operational control of the force, be subject to the direction or control of any person or authority. 44. constitution of offices subject to the provisions of this constitution and of any other law, the governor-general, acting on the advice of the prime minister, may constitute offices for solomon islands, make appointments to any such office and terminate any such appointment. 45. prerogative of mercy the governor-general may, in the name and on behalf of the head of state— grant to any person convicted of any offence under the law of solomon islands a pardon either free or subject to lawful conditions; grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for such an offence; substitute a less severe form of punishment for any punishment imposed on any person for such an offence; or remit the whole or any part of any punishment imposed on any person for such an offence or any penalty or forfeiture otherwise due to the crown on account of such an offence. there shall be a committee on the prerogative of mercy (in this section referred to as “the committee”) which shall consist of the following members— a chairman and two other persons, one of whom shall be a qualified medical practitioner and the other of whom shall be a social worker, appointed by the governor-general in his own deliberate judgment; and one person nominated— by the honiara city council, if the person whose case is being reviewed ordinarily resides in honiara city; or by the provincial assembly of a province, if such a person ordinarily resides in that province. honiara city council and the provincial assembly of every province shall as soon as it is elected nominate a person for the purpose of subsection (2)(b) of this section for such period as it deems appropriate. a member of the committee appointed under subsection (2)(a) of this section shall vacate his seat on the committee— at the expiration of the term of his appointment (if any) specified in the instrument of his appointment; or if his appointment is revoked by the governor-general, acting in his own deliberate judgment. in the exercise of the powers conferred upon him by subsection (1) of this section, the governor-general shall act in accordance with the advice of the committee. the validity of the transaction of any business by the committee shall not be affected by reason only of the fact that some person who was not entitled to do so took part in the proceedings. whenever any person has been sentenced to death (otherwise than by a court-martial) for an offence, a report on the case by the judge who presided at the trial (or, if a report cannot be obtained from that judge, a report on the case by the chief justice), together with such other information derived from the record of the case or elsewhere as may be required by or furnished to the committee shall be taken into consideration at a meeting of the committee, which shall then advise the governor-general whether or not to exercise his powers under subsection (1) of this section in that case. chapter vi. the national legislature part i. parliament 46. establishment of parliament there shall be a national legislature for solomon islands, which shall consist of a single chamber and shall be known as the national parliament of solomon islands. 47. composition of parliament parliament shall consist of persons elected in accordance with the provisions of this constitution and, subject thereto, in such manner as may be prescribed by parliament. each of the constituencies prescribed under section 54(1) of this constitution shall return one member of parliament. 48. qualifications for membership subject to the provisions of the next following section, a person shall be qualified for election as a member of parliament if, and shall not be so qualified unless— he is a citizen of solomon islands; and he has attained the age of twenty-one years; and he is registered as an elector, as prescribed by parliament. 49. disqualifications from membership no person shall be qualified for election as a member of parliament who— is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state; holds, or is acting in, any public office; is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law for the time being in force in any part of the commonwealth; is certified to be insane or otherwise adjudged to be of unsound mind under any law for the time being in force in solomon islands; is under sentence of death imposed on him by a court in any part of the world, or is under a sentence of imprisonment (by whatever name called) for a term of, or exceeding, six months, other than a sentence in lieu of a fine, but including a suspended sentence, imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court; is disqualified from membership of parliament or from registration as an elector or from voting at elections under any law for the time being in force in solomon islands relating to offences connected with elections; or holds, or is acting in, or within 12 months before the date, prescribed by parliament, by which nominations of candidates for the election must be received, has held or acted in any office the functions of which involve any responsibility for, or in connection with, the conduct of any election to parliament or the compilation or revision of any electoral register for that purpose. for the purpose of paragraph (e) of the preceding subsection two or more terms of imprisonment that are required to be served consecutively shall be regarded as a single term of imprisonment for the aggregate period of those terms. 50. vacation of seats by member a member of parliament shall vacate his seat— on a dissolution of parliament; if he resigns his seat by writing under his hand addressed to the speaker; if he is elected as speaker; if he is appointed as governor-general; if he is absent from two consecutive meetings of parliament without having obtained from the person presiding, before the termination of either meeting, permission to be or to remain absent therefrom unless, in the opinion of the speaker (or, if the office of speaker is vacant or he is for any reason unable to perform the functions of his office, the deputy speaker), such absence was due to causes beyond the member’s control; if any circumstance arises that, if he were not a member of parliament would cause him to be disqualified from election thereto by virtue of paragraph (a), (b), (d), (f) or (g) of subsection (1) of the, preceding section; or in the circumstances mentioned in the next following section. 51. vacation of seat on sentence, etc subject to the provisions of this section, if a member of parliament is sentenced by a court in any part of the world to death or to imprisonment (by whatever name called) for a term of, or exceeding, six months, including a suspended sentence, he shall forthwith cease to perform his functions as a member of parliament, and his seat in parliament shall become vacant at the expiration of a period of thirty days thereafter: provided that the speaker (or, if the office of speaker is vacant or he is for any reason unable to perform the functions of his office, the deputy speaker) may, at the request of the member, from time to time extend that period for thirty days to enable the member to pursue any appeal in respect of his conviction or sentence so however that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval of parliament signified by resolution. if at any time before the member vacates his seat he is granted a free pardon or his conviction is set aside or his sentence is reduced to a term of imprisonment of less than six months or a punishment other than imprisonment is substituted, his seat in parliament shall not become vacant under the provisions of this section, and he may again perform his function as a member of parliament. for the purposes of this section— two or more terms of imprisonment that are required to be served consecutively shall be regarded as a single term of imprisonment for the aggregate period of those terms; and no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine. 52. determination of questions as to membership the high court shall have jurisdiction to hear and determine any question whether— any person has been validly elected as a member of parliament; or any member of parliament has vacated his seat therein or is required by virtue of section 51 of this constitution to cease to perform his functions as a member. no appeal shall lie from any decision of the high court in proceeding under the preceding subsection. 53. constituency boundaries commission there shall be a constituency boundaries commission consisting of— a chairman and two other members (in this section referred to as “the appointed members”) appointed by the governor-general, acting in accordance with the advice of the judicial and legal service commission; and the persons for the time being holding the offices of chief surveyor and head of the government’s statistical services, who shall be members of the commission ex officio. a person shall not be qualified to be an appointed member of the commission if he is a member of, or a candidate for election to, parliament or any provincial assembly. subject to the provisions of the next following subsection, an appointed member of the commission shall vacate his office— at the expiration of the period specified in the instrument by which he was appointed; or if any circumstances arise that, if he were not a member of the commission, would cause him to be disqualified from appointment as such. the provisions of section 126 of this constitution shall apply to an appointed member of the constituency boundaries commission as they apply to a member of the public service commission except that subsection (7) shall apply as if for the words “in accordance with the advice of the prime minister” there were substituted the words “in accordance with the advice of the judicial and legal service commission.” 54. constituencies for the purpose of the election of members of parliament, solomon islands shall be divided into such number of constituencies, being not less than fifty and not more than seventy, and each constituency shall have such boundaries, as may be prescribed by parliament by resolution on a recommendation of the constituency boundaries commission in accordance with subsection (4) of this section. the constituency boundaries commission shall not later than ten years after the last review, review the number and boundaries of the constituencies whenever it considers such review to be desirable; and make recommendations to parliament for alterations in the number and boundaries of the constituencies. in making recommendations under the preceding subsection, the constituency boundaries commission shall have regard to the principle that the number of inhabitants of each constituency shall be as nearly equal as is reasonably practicable: provided that the commission may depart from the foregoing principle to the extent as they consider expedient in order to take account of the distribution of the population, the means of communication, and ethnic affiliations. parliament may, by resolution, approve or reject the recommendations of the constituency boundaries commission but may not vary them; and, if so approved the recommendations shall have effect as from the next dissolution of parliament. 55. qualifications and disqualifications for registration as an elector subject to the provisions of this section, a person shall be entitled to be registered as an elector if, and shall not be so entitled for registration unless— he is a citizen of solomon islands; and he has attained the age of eighteen years. no person shall be entitled to be registered as an elector— in more than one constituency; or in any constituency in which he is not ordinarily resident as prescribed by parliament. no person shall be entitled to be registered as an elector who— is under sentence of death imposed on him by a court in any part of the world, or is under a sentence of imprisonment (by whatever name called) for a term of, or exceeding, six months, other than a sentence in lieu of a fine, but including a suspended sentence, imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court; is certified to be insane or otherwise adjudged to be of unsound mind under any law for the time being in force in solomon islands; or is disqualified from registration as an elector or from voting at elections under any law for the time being in force in solomon islands relating to offences connected with elections. for the purposes of paragraph (a) of the preceding subsection two or more terms of imprisonment that are required to be served consecutively shall be regarded as a single term of imprisonment for the aggregate period of those terms. 56. right to vote at elections any person who is registered as an elector in any constituency shall be entitled to vote in such manner as may be prescribed at any election for that constituency unless— on the date appointed for polling he is under such sentence of death or serving such sentence of imprisonment as is referred to in paragraph (a) of section 55(3) of this constitution or (except in so far as may be otherwise prescribed) he is for any other reason unable to attend in person at the place and time appointed for polling; or he is prohibited from so voting by any law in force in solomon islands because he holds or is acting in any office the functions of which involved responsibility for, or in connection with, the conduct of that election or because he has been convicted of any offence connected with elections. no person shall vote at any election for any constituency who is not registered as an elector in that constituency. 57. electoral commission the electoral commission is established. the commission comprises: a chairperson; and two other members; and the chief electoral officer appointed under section 57a. the governor-general may, acting on the advice of the judicial and legal service commission, appoint the members mentioned in subsection (2)(a) and (b) (the "appointed members"). the chief electoral officer: may take part in any deliberation of the commission; but must not vote on it. at least one member of the commission must be a woman. only the following persons are qualified to be appointed as appointed members of the commission: a former governor-general; a former speaker; a retired judge; a former member of parliament; a current or retired head of any religious organisation or of any civil society organisation; a person who has held a distinguished career in the government or private sector; a public officer of the permanent secretary level. the following persons are not qualified to be appointed as appointed members of the commission: a member of or candidate for election to: parliament; or a provincial assembly; or the honiara city council; or a person who is a member of a political party registered under a law relating to political parties. subject to subsection (9), an appointed member vacates the office of the member: when the member's period of appointment expires; or if any circumstances arise that, if the person were not an appointed member, would cause the person to be disqualified from appointment as a member. an appointed member may be removed from office under section 126 as if the office of appointed member were an office to which that section applies. however, reference to "in accordance with the advice of the prime minister" in section 126(7) is modified to read "acting on the advice of the judicial and legal service commission", for the purpose of subsection (9) of this section. any other terms and conditions of appointment of the appointed members are as prescribed. 57a. chief electoral officer the position of the chief electoral officer is established as a public office. the chief electoral officer is the administrative head of the office responsible for electoral matters and other prescribed matters. the governor-general may, acting on the advice of the judicial and legal service commission, appoint a suitably qualified and experienced person as the chief electoral officer. other terms and conditions of appointment and other functions, duties and powers of the chief electoral officer are as prescribed. 58. functions of electoral commission the electoral commission shall have general responsibility for, and shall supervise, the registration of electors for the election of members of parliament and the conduct of elections of such members and the commission shall have such powers and other functions relating to such registration and such elections as may be prescribed. every proposed bill and every proposed regulation or other instrument having the force of law relating to the registration of electors for the election of members of parliament or to the election of such members shall be referred to the electoral commission at such time as shall give them sufficient opportunity to make comments thereon before the bill is introduced in parliament or, as the case may be, the regulation or other instrument is made. the electoral commission may make such reports to the governor-general concerning the matters under their supervision, or any draft bill or instrument that is referred to them, as they may think fit, and if the commission so request in any such report other than a report on a draft bill or instrument, that report shall be laid before parliament. part ii. legislation and procedure in parliament 59. power to make laws subject to the provisions of this constitution, the parliament may make laws for the peace, order and good government of solomon islands. the laws referred to in this section shall take the form of bills passed by parliament; and when a bill has been passed by parliament it shall be presented to the governor-general who shall assent to it forthwith on behalf of the head of state, and when such assent is given the bill shall become law. no law shall come into operation until it has been published in the gazette but parliament may postpone the coming into operation of any such law and may make laws, subject to section 10(4) of this constitution, with retrospective effect. all laws made by parliament shall be styled “acts of parliament” and the words of enactment shall be “enacted by the national parliament of solomon islands.” 60. introduction of bills, etc except on the recommendation of the cabinet signified by a minister, parliament shall not— proceed upon any bill (including any amendment to a bill) which, in the opinion of the person presiding, makes provision for imposing or increasing any tax, for imposing or increasing any charge on the consolidated fund or other funds of solomon islands, or for altering any such charge otherwise than by reducing it, or for compounding or remitting any debt due to solomon islands; proceed upon any motion (including any amendment to a motion) which would, in the opinion of the person presiding, if the motion were carried, require the introduction of such a bill as is referred to in paragraph (a) to give effect to the motion; or receive any petition which, in the opinion of the person presiding, requests that provision be made for any of the purposes aforesaid. 61. alteration of constitution subject to the provisions of this section, parliament may alter this constitution. a bill for an act of parliament to alter any of the following provisions of this constitution, that is to say— this section; chapters ii, vii and ix; sections 46 to 58 (inclusive), and 108; and chapter xiv to the extent that it relates to any of the provisions specified in the preceding paragraphs, shall not be passed by parliament unless it is supported at the final voting on two separate readings in parliament by the votes of not less than three-quarters of all the members of parliament. a bill for an act of parliament to alter any provision of this constitution (but which does not alter any of the provision of this constitution as specified in subsection (2) of this section) shall not be passed by parliament unless it is supported at the final voting on two separate readings in parliament by the votes of not less than two-thirds of all the members of parliament. without prejudice to the provisions of subsections (2) and (3) of this section, a bill for an act of parliament under this section shall not be passed by parliament unless— notice of the bill has been given to the speaker at least four weeks before the first reading of the bill in parliament; and the bill is clearly expressed to be a bill for an act of parliament to alter the constitution. in this section— references to this constitution or to any particular provision thereof include references to any other law in so far as that law alters the constitution or, as the case may be, that provision; and references to altering this constitution or any particular provision thereof include references— to repealing it, with or without re-enactment thereof or the making of different provision in lieu thereof; to modifying it, whether by omitting or amending any of its provisions or inserting additional provisions in it or otherwise; to suspending its operation for any period, or terminating any such suspension; and to making any other provision that is repugnant to or otherwise inconsistent with it. 62. rules of procedure of parliament subject to the provisions of this constitution, parliament may from time to time make, amend and revoke rules and orders for the regulation, and orderly conduct of its proceedings and the despatch of business, and for the passing, intituling and numbering of bills. 63. oath of allegiance no member of parliament shall be permitted to take part in the proceedings of parliament (other than proceedings necessary for the purpose of this section) until he has made before parliament an oath of allegiance in the form set out in schedule 1 to this constitution. 64. the speaker and deputy speaker parliament shall at its first sitting after any general election elect— from among persons who are qualified for election as a member of parliament, a speaker; and from among its members, a deputy speaker. the office of the speaker or the deputy speaker shall become vacant— if he announces the resignation of his office to parliament or if, by writing under his hand addressed to parliament and received by the clerk to the legislature, he resigns that office; if parliament passes a resolution supported by the votes of not less than two-thirds of all the members thereof requiring his removal; in the case or the speaker— if any circumstances arise that would cause him to be disqualified from election as a member of parliament; or when parliament first sits after a general election; or in the case of the deputy speaker— if he ceases to be a member of parliament or if, under the provision of section 51 of this constitution, he is required to cease to perform his functions as a member of parliament; if he becomes a minister; if he is elected as speaker; or if he becomes a recognised leader in parliament of any political party. if the office of speaker or deputy speaker becomes vacant parliament shall, unless it is sooner dissolved, elect a person qualified under this section to fill the vacancy at its next sitting after the occurrence of the vacancy or as soon as practicable thereafter. no business shall be transacted in parliament (other than the election of a speaker) at any time when the office of speaker is vacant. save as otherwise provided in this constitution or any other law, the speaker shall not hold any other office. 65. presiding in parliament the speaker or, in his absence, the deputy speaker or, in their absence, a member of parliament (not being a minister) elected by parliament for the sitting, shall preside at any sitting of parliament: provided that at the first sitting of parliament after any general election, until a speaker is elected there shall preside the person who last held office as speaker or, in his absence, the person who last held office as deputy speaker. 66. leaders of opposition and independent groups in parliament if, at any time it appears to the governor general, acting in accordance with the advice of the speaker, that the leader of an opposition group, by reason of the numerical strength of that opposition group or by reason of the support which he receives from the members of opposition groups generally, should be appointed as leader of the official opposition, the governor-general shall appoint him as such leader. if, at any time it appears to the governor-general, acting in accordance with the advice of the speaker, that the leader of an independent group, by reason of the numerical strength of that independent group or by reason of the support which he receives from the members of independent groups generally, should be appointed as leader of the independent members, the governor-general shall appoint him as such leader. if the governor-general, acting in accordance with the advice of the speaker, considers that the leader of the official opposition is no longer the person who, if the office of leader of the official opposition were vacant, would be appointed thereto under subsection (1) of this section, the governor-general shall remove the leader of the official opposition from office. if the governor-general, acting in accordance with the advice of the speaker, considers that the leader of the independent members is no longer the person who, if the office of leader of the independent members were vacant, would be appointed thereto under subsection (2) of this section, the governor-general shall remove the leader of the independent members from office. before tendering advice to the governor-general under subsections (1) and (3) of this section, the speaker shall consult with the leaders and members of the opposition groups and such other persons as he deems appropriate, and before tendering advice under subsections (2) and (4) of this section, the speaker shall consult with the leaders and members of the independent groups and such other persons as he deems appropriate. if the leader of the official opposition or the leader of the dependent members— is required under section 51 of this constitution to cease to perform his functions as a member of parliament; otherwise ceases to be such a member; or is elected as deputy speaker, his office shall become vacant. for the purposes of this section— “opposition group” means a group of members of parliament in opposition to the government, whose number includes a leader who commands their support; “independent group” means a group of members of parliament whose members are independent both of the government and of any opposition group and whose number includes a leader who commands their support. parliament may by resolution supported by an absolute majority of the members thereof prescribe the minimum number of members of opposition or independent groups there must be before the leader of the official opposition or of the independent members, as the case may be, is appointed under this section. 67. quorum if objection is taken by any member or parliament present that there are present in parliament (besides the person presiding) less than half of all the members thereof and, after such interval as may be prescribed in the rules or procedure of parliament the person presiding ascertains that the number of members present is still less than half of all the members, he shall thereupon adjourn parliament. 68. proceedings in parliament subject to the provisions of the preceding section, parliament shall not be disqualified from the transaction of business by reason of any vacancy in its membership, and any proceeding in parliament shall be valid notwithstanding that some person who was not entitled to do so took part in those proceedings. 69. privileges of parliament and its members parliament may prescribe the privileges, immunities and powers of parliament and its members. 69a. members of parliament (entitlements) commission there shall be a members of parliament (entitlements) commission consisting of the chairman and four other members. the chairman and two of the members (in this section referred to as the “appointed members”) shall be appointed by the governor-general on the advice of the prime minister. the person for the time being holding the office of the minister of finance, and the person for the time being holding the office of the chairman of the public accounts committee appointed under standing order 69 of the standing orders of the national parliaments of solomon islands, shall be the other two members. a person shall not be qualified to be appointed member of the commission if he is a member of, or a candidate for election to, parliament. the office of the chairman and an appointed member shall become vacant— at the expiration of such period not exceeding three years as may be specified in the instrument by which he was appointed; or on death, or by resignation in writing addressed to the governor-general; or upon his removal, in relation to which the provisions of section 126 shall apply as they apply in relation to the removal of a member of the public service commission. the chairman and the members shall be entitled to receive a daily allowance at the rate from time to time prescribed by the constitutional offices (salaries) act 1978 (no. 6 of 1978) in respect of the members of the public service commission. 69b. powers of the members of parliament (entitlements) commission power to determine the entitlements of the parliamentarians and to amend them by yearly review shall vest in the members of parliament (entitlements) commission. in the exercise of their powers, the members of parliament (entitlements) commission shall— consider such representation as they may receive from persons or body of persons, within such time as may be notified by them; have regard to such information as may be supplied to them by the government, parliament or any other organisation in relation to the following matters— the state of the national economy and the financial position of the government; movements in the level of the pay and other entitlements admissible to other persons in employment; and changes in the retail price index and other relevant indicators showing the cost of maintaining the standard of living that parliamentarians might reasonably be expected to enjoy; make regulations and having made them, amend those regulations, in accordance with section 137, providing for the following matters— the scales of salaries and other entitlements payable to parliamentarians; the terms, conditions and manner of payment of such salaries and entitlements and of loans and advances on such salaries; exemptions of such salaries and entitlements from taxes and other liabilities; such other matters including matters specified in subsection (3) as may facilitate the discharge of their functions as parliamentarians. in making or amending the regulations, the members of (entitlements) commission shall— consider in relation to parliamentarians and their families the following matters, namely, accommodation during sittings of parliament, housing, medical treatment, internal transport, external transport, travelling imprest, death and retirement benefits, appointment and terminal grants, advances and loans, additional payment for service in committees of parliament, insurance and such other matters as may facilitate the discharge of their function as parliamentarians; secure that the salaries and other entitlements of parliamentarians increase at no less a rate than the rate of increase, if any, of sale entitlements (taken as a whole) of the public officers. every regulation made or amended under this section— shall come into force on 1st april— of the year in which it is made, if it is made on that day; or of the year next following the date on which it is made, if on any other date; provided that the members of parliament (entitlements) commission may, in order to comply with the requirements of subsection (3)(b) enforce any such regulation from such other date prospectively or retrospectively, as they may specify in that regulation; and shall, during the period such regulation is in force, have effect as if it were a provision of this constitution. 69c. admissibility of entitlements to be in accordance with the regulations upon the commencement of the regulations made or amended under section 69b, no entitlement and no exemption of an entitlement from any tax or other liability shall be admissible to any parliamentarian except in accordance with those regulations. in this section and in sections 69a and 69b— “entitlements” include salaries, allowances and such other benefits, services or facilities, whether in cash or otherwise, as the members of parliament (entitlements) commission may consider it necessary to be provided to the parliamentarians to enable them to maintain the dignity of their office; and “parliamentarian” means the prime minister, ministers, the leader of the opposition, the leader of the independent group, the deputy speaker and all other members of parliament, whether or not parliament is in session or is sitting; “year” means a period of twelve months commencing on 1st april and ending with 31st march next following. 70. proceedings of parliament to be held in public the proceedings of parliament shall be held in public except in so far as its rules of procedure otherwise provide. 71. voting subject to the provisions of this constitution, all questions proposed for decision in parliament shall be determined by a majority of the votes of the members present and voting. if the person presiding is— the speaker, he shall have neither an original nor a casting vote; the deputy speaker or a member elected by parliament for the sitting under section 65 of this constitution, he shall not have an original vote but shall have and shall exercise a casting vote if on any question the votes are equally divided. subject to the provisions of subsection (2)(b) of this section, if upon any question the votes are equally divided the motion shall be declared lost. 72. sessions of parliament subject to the provisions of this section, each session of parliament shall be held at such place within solomon islands and shall commence at such time as the governor-general may appoint by proclamation published in the gazette. sessions of parliament shall be held so that a period of twelve months does not intervene between the end of one session and the first sitting of parliament in the next session. 73. prorogation and dissolution if at any time parliament decides by resolution supported by the votes of an absolute majority of the members of parliament that parliament should be prorogued or dissolved, the governor-general shall forthwith prorogue or, as the case may be, dissolve parliament by proclamation published in the gazette. a motion for a resolution under the preceding subsection shall not be passed by parliament unless notice of the motion has been given to the speaker at least seven clear days before it is introduced. parliament, unless sooner dissolved under subsection (1) of this section, shall continue for four years from the date of the first sitting of parliament after any general election and shall then stand dissolved. 74. general elections there shall be a general election at such time within four months of every dissolution of parliament as the governor-general shall appoint by proclamation published in the gazette. chapter vii. the legal system part i. the application of laws 75. application of laws parliament shall make provision for the application of laws, including customary laws. in making provision under this section, parliament shall have particular regard to the customs, values and aspirations of the people of solomon islands. 76. common law and customary law, etc until parliament makes other provision under the preceding section, the provisions of schedule 3 to this constitution shall have effect for the purpose of determining the operation in solomon islands— of certain acts of the parliament of the united kingdom mentioned therein; of the principles and rules of the common law and equity; of customary law; and of the legal doctrine of judicial precedent. part ii. the judiciary a. the high court 77. establishment of high court there shall be a high court for solomon islands which shall have unlimited original jurisdiction to hear and determine any civil or criminal proceedings under any law and such other jurisdiction and powers as may be conferred on it by this constitution or by parliament. the judges of the high court shall be the chief justice, the deputy chief justice and such number of puisne judges, if any, as may be prescribed by parliament: provided that the office of a judge shall not be abolished while any person is holding that office unless he consents to its abolition. 78. appointment of judges of high court the chief justice shall be appointed by the governor-general, acting in accordance with the advice of the judicial and legal service commission. the deputy chief justice and the puisne judges shall be appointed by the governor-general, acting in accordance with the advice of the judicial and legal service commission. a person shall not be qualified for appointment as a judge of the high court unless— he holds, or has held, high judicial office in any country in the commonwealth or in any country outside the commonwealth that may be prescribed by parliament; or he is qualified to practise as a barrister or solicitor in such a country and he has been so qualified for not less than five years. in computing, for the purposes of the preceding subsection, the period during which any person has been qualified to practice as a barrister or solicitor, any period during which he has held judicial office after becoming so qualified shall be included. 78a. functions of the deputy chief justice notwithstanding section 79, the deputy chief justice shall perform the functions of the office of chief justice ifthe office of chief justice is vacant; or for any reason (including illness or absence from solomon islands), the chief justice is unable to perform the functions of his office. the chief justice may, by order in the gazette, delegate some of the functions of his office to the deputy chief justice. 79. acting judges and commissioners of high court if the office of chief justice or deputy chief justice is vacant the governor-general, acting in accordance with the advice of the judicial and legal service commission, may appoint a puisne judge or some other person qualified for appointment as a judge of the high court to act as chief justice of deputy chief justice. if, for any reason (including illness or absence from solomon islands), the chief justice and the deputy chief justice are unable to perform the functions of the office of chief justice, such functions (including any functions delegated under section 78a(2)) shall be performed – by the next senior puisne judge in terms of appointment who is in office in solomon islands; or if the next senior puisne judge is unable for any reason (including illness or absence from solomon islands) to perform such functions, by a puisne judge or another person appointed pursuant to subsection (1) to act as chief justice. if the office of a puisne judge is vacant or if a person holding the office of puisne judge is acting as chief justice or deputy chief justice or is for any reason unable to perform the functions of his office, the governor-general, acting in accordance with the advice of the judicial and legal service commission, may appoint a person qualified for appointment as a judge of the high court to act as a puisne judge. any person appointed under the provisions of this section to act as a judge of the high court shall, unless he earlier resigns his acting office or is removed therefrom under the next following section, continue so to act until the end of the period for which he was appointed or, if he was not appointed for a specified period, until his appointment is revoked by the governor-general acting in accordance with the advice of the judicial and legal service commission: provided that a person whose appointment has expired or whose appointment has been revoked may continue to act as such for so long thereafter as may be necessary to enable him to deliver judgment or to do any other thing in relation to any proceedings that were commenced before him previously thereto. whenever he is satisfied that no judge of the high court is available to attend to the business of the court, the governor-general, acting in accordance with the advice of the judicial and legal service commission, may appoint some person to perform— all or any of the functions of judge, either generally or in respect of any particular case or class of cases; such functions of a judge as it shall appear to that person required to be performed without delay, subject to such limitations and conditions, if any, as may be specified in the instrument of appointment. any person appointed under the provisions of the preceding subsection shall be styled a commissioner of the high court; all things done by him in accordance with the terms of his appointment shall have the same validity and effect as if they had been done by a judge of the high court; in respect thereof he shall have the same powers and enjoy the same immunities as if he had been a judge of the high court; and, notwithstanding that the period of his appointment has expired or his appointment has been revoked, he may sit as a commissioner of the high court for the purpose of delivering judgment or doing any other thing in relation to any proceedings that were commenced before him whilst his appointment was subsisting. 80. tenure of office of judges of high court subject to the provisions of this section, a judge of the high court shall hold office until he attains the age of seventy years. notwithstanding the preceding subsection, a person who is over the age of seventy years may be appointed as a judge of the high court for a term of years and shall cease to hold office at the expiration of that term, and shall not otherwise cease to hold office except in accordance with this section. notwithstanding subsection (1), a judge of the high court may voluntarily retire upon attaining the age of sixty years. nothing done by a judge of the high court shall be invalid by reason only that he has attained the age at which he is required by this section to vacate his office. a judge of the high court may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. a judge of the high court shall be removed from office by the governor-general if the question of the removal of that judge from office has been referred to a tribunal appointed under the next following subsection and the tribunal has advised the governor-general that he ought to be removed from office for inability as aforesaid or for misbehaviour. if the governor-general considers that the question of removing a judge of the high court from office for inability as aforesaid or for misbehaviour ought to be investigated, then— the governor-general shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the governor-general from among persons who hold or have held high judicial office in some part of the commonwealth; and the tribunal shall enquire into the matter and report on the facts thereof to the governor-general and advise the governor-general whether that judge should be removed under this section. if the question of removing a judge of the high court from office has been referred to a tribunal under the preceding subsection, the governor-general may suspend the judge from performing the functions of his office, and any such suspension may at any time be revoked by the governor-general and shall in any case cease to have effect if the tribunal advises the governor-general that that judge should not be removed from office. except as provided in subsection (5) of this section, the functions of the governor-general under this section shall be exercised by him in his own deliberate judgement. 81. judge may sit after appointment has terminated a judge of the high court whose appointment has terminated otherwise than by reason of his removal from office may sit as a judge of that court for the purpose of delivering judgment or doing any other thing in relation to any proceedings that were commenced before him while his appointment was subsisting. 82. seal of high court the high court shall have a seal bearing on it the words “the high court of solomon islands” and such device as parliament shall approve by resolution. 83. jurisdiction of high court in constitutional questions subject to the provisions of sections 31(3) and 98(1) of, and paragraph 10 of schedule 2 to, this constitution, if any person alleges that any provision of this constitution (other than chapter ii) has been contravened and that his interests are being or are likely to be affected by such contravention, then, without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the high court for a declaration and for relief under this section. the high court shall have jurisdiction, in any application made by any person in pursuance of the preceding subsection or in any other proceeding lawfully brought before the court, to determine whether any provision of this constitution (other than chapter ii) has been contravened and to make a declaration accordingly: provided that the high court shall not make a declaration in pursuance of the jurisdiction conferred by this subsection unless it is satisfied that the interest of the person by whom the application under the preceding subsection is made or, in the case of other proceedings before the court, a party to those proceedings, are being or are likely to be affected. where the high court makes a declaration in pursuance of the preceding subsection that any provision of the constitution has been contravened and the person by whom the application under subsection (1) of this section was made or, in the case of other proceedings before the court, the party in those proceedings in respect of whom the declaration is made, seeks relief, the high court may grant to that person such remedy, being a remedy available against any person in any proceedings in the high court under any law for the time being in force in solomon islands, as the court considers appropriate. nothing in this section shall confer jurisdiction on the high court to hear or determine any such question as is referred to in section 52 of this constitution otherwise than upon an application made in accordance with the provisions of that section. 84. high court and subordinate courts the high court shall have jurisdiction to supervise any civil or criminal proceedings before any subordinate court and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of ensuring that justice is duly administered by any such court. where any question as to the interpretation of any provision of this constitution other than chapter ii arises in any subordinate court and the court is of the opinion that the question involves a substantial question of law, the court shall refer the question to the high court. where any question is referred to the high court in pursuance of the preceding subsection, the high court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal to the court of appeal, in accordance with the decision of the court of appeal. b. the court of appeal 85. establishment of court of appeal there shall be a court of appeal for solomon islands which shall have such jurisdiction and powers to hear and determine appeals in civil and criminal matters as may be conferred on it by this constitution or by parliament. the judges of the court of appeal shall be— a president and such number of other justices of appeal, if any, as may be prescribed by parliament; and the chief justice, deputy chief justice and the puisne judges of the high court, who shall be judges of the court ex officio. 86. appointment of judges of court of appeal the president of the court of appeal shall be appointed by the governor-general, acting in accordance with the advice of the judicial and legal service commission. the other justices of appeal shall be appointed by the governor-general acting in accordance with the advice of the judicial and legal service commission. a person shall not be qualified to be appointed under subsection (1) or (2) of this section unless he is qualified for appointment as a judge of the high court. a judge of the court of appeal shall not sit as a judge of the court on the hearing of an appeal— from any decision given by himself or any decision given by any court of which he was sitting as a member; or against a conviction or sentence if he was the judge by or before whom the appellant was convicted. if the office of president of the court of appeal is vacant or if the person holding that office is for any reason unable to perform the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the holder thereof has resumed those functions, as the case may be, the governor-general, acting in accordance with the advice of the judicial and legal service commission, may appoint one of the other judges of the court of appeal or some other person qualified for appointment to that office to act as president of the court of appeal: provided that a person appointed under this subsection who is not a judge of the court of appeal may, notwithstanding the assumption or resumption of the functions of the office of president of the court of appeal by the holder of that office, continue to act as a judge of the court of appeal for so long thereafter as may be necessary to enable him to deliver judgment or do any other thing in relation to any proceedings that were commenced before him previously thereto. nothing in this section or the preceding section shall preclude the offices of chief justice and president of the court of appeal from being held by the same person. 87. tenure of office of judges of court of appeal subject to the provisions of this section, a judge of the court of appeal shall hold office until he attains the age of seventy years. notwithstanding the preceding subsection, a person who is over the age of seventy years may be appointed as a judge of the court of appeal for a term of years and shall cease to hold office at the expiration of that term, and shall not otherwise cease to hold office except in accordance with this section. notwithstanding subsection (1), a judge of the court of appeal may voluntarily retire upon attaining the age of sixty years. nothing done by a judge of the court of appeal shall be invalid by reason only that he has attained the age at which he is required by this section to vacate his office. a judge of the court of appeal may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section. a judge of the court of appeal shall be removed from office by the governor-general if the question of the removal of that judge from office has been referred to a tribunal appointed under the next following subsection and the tribunal has advised the governor-general that he ought to be removed from office for inability as aforesaid or for misbehaviour. if the governor-general considers that the question of removing a judge of the court of appeal from office for inability as aforesaid or for misbehaviour ought to be investigated, then— the governor-general shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the governor-general from among persons who hold or have held high judicial office in some part of the commonwealth; and the tribunal shall enquire into the matter and report on the facts thereof to the governor-general and advise the governor-general whether that judge should be removed under this section. if the question of removing a judge of the court of appeal from office has been referred to a tribunal under the preceding subsection, the governor-general may suspend the judge from performing the functions of his office, and any such suspension may at any time be revoked by the governor-general and shall in any case cease to have effect if the tribunal advises the governor-general that that judge should not be removed from office. except as provided in subsection (5) of this section, the function of the governor-general under this section shall be exercised by him to his own deliberate judgment. 88. judge may sit after appointment has terminated a judge of the court of appeal whose appointment has terminated otherwise than by reason of his removal from office may sit as a judge of that court for the purpose of delivering judgment or doing any other thing in relation to any proceedings that were commenced before him while his appointment was subsisting. 89. seal of court of appeal the court of appeal shall have a seal bearing on it the words “the court of appeal of solomon islands” and such device as parliament shall approve by resolution. c. rules of court 90. rules of court there shall be a rules committee, consisting of the chief justice, the president of the court of appeal and the attorney-general (who shall constitute a quorum) and such other persons as the governor-general, acting after consultation with the chief justice, may appoint, which may make rules of court regulating the practice and procedure of the high court and the court of appeal, prescribing the fees to be paid in respect of any proceeding and generally for making provision for the proper and effectual exercise of the jurisdiction of the high court and the court of appeal, including the procedure for the making and hearing of appeals to the high court from subordinate courts and for the making and hearing of appeals to the court of appeal from the high court: provided that rules regulating the admission of legal practitioners to practise as barristers and solicitors or in either of these capacities, or prescribing or affecting the amount of any fees or the recovery thereof, shall not come into operation unless approved, either before or after being made, by parliament. part iii. the director of public prosecutions and the public solicitor 91. director of public prosecutions there shall be a director of public prosecutions whose office shall be a public office. the director of public prosecutions shall be appointed by the governor-general, acting in accordance with the advice of the judicial and legal service commission. a person shall not be qualified to hold or act in the office of director of public prosecutions unless he is entitled to practise in solomon islands as an advocate or as a barrister and solicitor. the director of public prosecutions shall have power in any case in which he considers it desirable to do so— to institute and undertake criminal proceedings against any person before any court (other than a court-martial) in respect of any offence alleged to have been committed by that person; to take over and continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority. provided however, where any person may be liable for criminal prosecution in respect of any acts done in connection with the armed conflict on guadalcanal from the 1st day of january 1998 to the 15th day of october 2000; or the 7th day of february 2001, as the case may be, such person shall not be prosecuted for such offence but shall be granted amnesty or immunity from prosecution in the manner and to the extent provided for by the amnesty act 2000 or by any other act of parliament providing for the grant of such amnesty in connection with the marau conflict. the powers of the director of public prosecutions under the preceding subsection may be exercised by him in person or through other persons acting in accordance with his general or specific instructions. the powers conferred on the director of public prosecutions by paragraphs (b) and (c) of subsection (4) of this section shall be vested in him to the exclusion of any other person or authority: provided that where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the court. in the exercise of the powers conferred on him by this section the director of public prosecutions shall not be subject to the direction or control of any other person or authority: provided that, where any case in any way concerns the defence, security or international relations of solomon islands, the director of public prosecutions shall bring the matter to the attention of the minister responsible for justice and shall, in the exercise of his powers in relation to that case, act in accordance with any directions that minister may give to him. for the purposes of this section, any appeal from any judgment in any criminal proceedings before any court, or any case stated or question of law reserved for the purpose of any such proceedings to any other court, shall be deemed to be part of those proceedings: provided that the power conferred on the director of public prosecutions by paragraph (c) of subsection (4) of this section shall not be exercised in relation to any appeal by a person convicted in any criminal proceedings or to any case stated or question of law reserved at the instance of such a person. during any period when the office of director of public prosecution is vacant or the holder of that office is for any reason unable to perform the functions of his office, those functions shall be performed by the attorney-general. 92. public solicitor there shall be a public solicitor, whose office shall be a public office. the public solicitor shall be appointed by the governor-general, acting in accordance with the advice of the judicial and legal service commission. a person shall not be qualified to hold or act in the office of public solicitor unless he is entitled to practise in solomon islands as an advocate or as a barrister and solicitor. the functions of the public solicitor are to provide legal aid, advice and assistance to persons in need in such circumstances and subject to such conditions as may be prescribed by parliament, and in particular— to provide legal aid, advice and assistance to any person in need who has been charged with a criminal offence; and to provide legal aid, advice and assistance to any person when directed to do so by the high court. a person aggrieved by a refusal of the public solicitor to provide legal aid, advice and assistance to him may apply to the high court for a direction under paragraph (b) of the preceding subsection. parliament may make provision for the public solicitor to make a reasonable charge for services provided by him to persons in need whom he considers are able to make a contribution towards the cost of those services. except as provided in paragraph (b) of subsection (4) of this section, in the exercise of the functions conferred on him by or under this section the public solicitor shall not be subject to the direction or control of any other person or authority. chapter viii. leadership code 93. application of this chapter the provisions of this chapter apply to and in relation to— the governor-general; the prime minister and the other ministers; the leader of the opposition and the leader of the independent members; all other members of parliament; the speaker; members of any commission established by this constitution; public officers; officers of the government of honiara city, provincial government officers, members of the honiara city council and provincial assemblies; officers of statutory corporations and government agencies; and such other officers as parliament may prescribe. 94. responsibilities of office a person to whom this chapter applies has a duty to conduct himself in such a way, both in his public or official life and his private life, and in his associations with other persons, as not— to place himself in a position in which he has or could have a conflict of interests or in which the fair exercise of his public or official duties might be compromised; to demean his office or position; to allow his integrity to be called into question; or to endanger or diminish respect for and confidence in the integrity of the government of solomon islands. in particular, a person to whom this chapter applies shall not use his office for personal gain or enter into any transaction or engage in any enterprise or activity that might be expected to give rise to doubt in the public mind as to whether he is carrying out or has carried out the duty imposed by the preceding subsection. it is the further duty of a person to whom this chapter applies— to ensure, as far as is within his lawful power, that his spouse and children and any other persons for whom he is responsible, including nominees, trustees and agents, do not conduct themselves in a way that might be expected to give rise to doubt in the public mind as to his complying with his duties under this section; and if necessary, publicly to dissociate himself from any activity or enterprise of any of his associates, or of a person referred to in paragraph (a) of this subsection, that might be expected to give rise to such a doubt. a person to whom this chapter applies who— is convicted of an offence in respect of his office or position or in relation to the performance of his functions or duties; fails to carry out the obligations imposed by the preceding subsections of this section; or commits any act or omission prescribed under section 95 of this constitution as constituting misconduct in office, is guilty of misconduct in office. 95. further provisions subject to the provisions of this constitution, for the purposes of this chapter, parliament— may make provision for the disclosure of the personal and business incomes and financial affairs of persons to whom this chapter applies, and of their families and associates, and in particular of interest in contracts with governmental bodies and of directorship and similar offices held by them (including powers to nominate directors, trustees or agents, or similar officers); may make provision for the disposal or temporary control of the assets or income of a person to whom this chapter applies where this seems to be desirable for attaining the objects of this chapter; may prescribe specific acts or omissions consisting misconduct in office; may create offences (including offences by persons to whom this chapter applies and offences by other persons) and prescribe penalties for such offences; shall provide for the investigation of cases of alleged or suspected misconduct in office; shall provide for the reference of cases of alleged or suspected misconduct in office to such independent courts or tribunals as may be prescribed, and for the investigation and determination by such courts or tribunals of any such cases that may be referred to them in the manner prescribed; shall make provision with respect to the powers and procedure of such courts or tribunals as may be prescribed under the preceding paragraph and shall prescribe the penalties or other consequences that may result from a lawful determination by any such court or tribunal that a person to whom this chapter applies is guilty of misconduct in office; and may make such other provision as may appear necessary or expedient for attaining the objects of this chapter. chapter ix. the ombudsman 96. office of ombudsman there shall be an ombudsman, whose office shall be a public office. the ombudsman shall be appointed by the governor-general, acting in accordance with the advice of a committee consisting of the speaker, the chairman of the public service commission and the chairman of the judicial and legal service commission. if the person appointed as ombudsman is a member of parliament or a provincial assembly, he shall forthwith cease to be such a member. the ombudsman shall not perform the functions of any other public or provincial government office, and shall not, without the approval of the governor-general in each particular case, hold any other office of emolument than the office of the ombudsman or engage in any occupation for reward outside the duties of his office. subject to the provisions of the next following subsection, the ombudsman shall vacate his office at the expiration of five years from the date of his appointment. the ombudsman may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the procedure for the removal of a judge of the high court as set out in subsection (4) to (7) of section 80 of this constitution. 97. functions of ombudsman the functions of the ombudsman shall be to:— enquire into the conduct of any person to whom this section applies in the exercise of his office or authority, or abuse thereof; assist in the improvement of the practices and procedures of public bodies; and ensure the elimination of arbitrary and unfair decisions. parliament may confer additional functions on the ombudsman. this section applies to members of the public service, the police force, the correctional service, the government of honiara city, provincial governments, and such other offices, commissions, corporate bodies or public agencies as may be prescribed by parliament: provided that it shall not apply to the governor-general or his personal staff or to the director of public prosecutions or any person acting in accordance with his instructions. nothing in this section or in any act of parliament enacted for the purposes of this chapter shall confer on the ombudsman any power to question or review any decision of any judge, magistrate or registrar in the exercise of his judicial functions. 98. discharge of functions of ombudsman in the discharge of his functions the ombudsman shall not be subject to the direction or control of any other person or authority and no proceedings of the ombudsman shall be called in question in any ombudsman court of law. the ombudsman shall not conduct an investigation in respect of any matter if he has been given notice by the prime minister that the investigation of that matter would not be in the interests of the security of solomon islands. the ombudsman shall make an annual report and may make such additional reports to parliament as he deems appropriate concerning the discharge of his functions, and may draw attention to any defects which appear to him to exist in the administration or any law. 99. further provisions parliament may take provision for such supplementary and ancillary matters as may appear necessary or expedient to give effect to the provisions of this chapter. chapter x. finance 100. consolidated fund and special funds all revenues or other moneys raised or received by or for the purposes of the government (not being revenues or other moneys that are payable by or under any law into some other fund established for any specific purpose or that may, by or under any law, be retained by the authority that received them for the purpose of defraying the expenses of that authority) shall be paid into and form one consolidated fund. parliament may make provision for the establishment of special funds, which shall not form part of the consolidated fund. the receipts, earnings and accruals of special funds established under this section and the balance of such funds at the close of each financial year shall not be paid into the consolidated fund but shall be retained for the purposes of those funds. 101. withdrawal of money from the consolidated fund no money shall be issued from the consolidated fund except upon the authority of a warrant under the hand of the minister of finance. no warrant shall be issued by the minister of finance for the purpose of meeting any expenditure unless— the expenditure has been authorised for the financial year during which the issue is to take place by an appropriation act; the expenditure has been authorised in accordance with the provisions of section 103 or 104 of this constitution; or it is statutory expenditure. 102. authorisation of expenditure the minister of finance shall cause to be prepared and laid before parliament before the commencement of each financial year estimates of the revenues and expenditure of the government for that year, provided that in exceptional circumstances which shall be explained to parliament the minister may cause the estimates to be laid before parliament not later than ninety days after the commencement of the financial year. the heads of expenditure contained in the estimates (other than statutory expenditure) shall be included in a bill to be known as an appropriation bill which shall be introduced into parliament to provide for the issue from the consolidated fund of the sums necessary to supply those heads and the appropriation of those sums for the purposes specified therein. if in respect of any financial year it is found that the sum appropriated by the appropriation act for any purpose is insufficient or that a need has arisen for expenditure for a purpose for which no sum has been appropriated by that law, a supplementary estimate showing the sums required shall be included in a supplementary appropriation bill for appropriation. if, at the close of account for any financial year, it is found that any moneys have been expended on any head in excess of the sum appropriated for that head by an appropriation act or for a purpose for which no money has been appropriated, the excess or the sum expended but not appropriated as the case may be shall be included in a statement of heads in excess which, together with the report of the public accounts committee thereon, shall be presented to parliament. statutory expenditure shall not be voted on by parliament but, without further authority of parliament, shall be paid out of the consolidated fund by warrant under the hand of the minister of finance. 103. authorisation of expenditure in advance of appropriation if the appropriation act in respect of any financial year has not come into operation by the beginning of that financial year, parliament by resolution may empower the minister of finance to authorise the issue of moneys from the consolidated fund for the purpose of meeting expenditure necessary to carry on the public services at a level not exceeding the level of these services in the previous financial year, until the expiration of four months from the beginning of that financial year or the coming into operation of the appropriation act, whichever is the earlier. where in respect of any financial year the minister is satisfied that an urgent and unforeseen need has arisen to authorise for any purpose issues from the consolidated fund for expenditure in excess of the sum appropriated for that purpose by an appropriation act, or for a purpose for which no sum has been so appropriated, he may, subject to the provisions of any law or regulations for the time being in force in that regard, authorise with the prior approval of the cabinet, such issues by warrant and shall include such amount in a supplementary appropriation bill for appropriation at the meeting of parliament next following the date on which the warrant was issued: provided that if there shall be no further meeting in the same financial year, the bill may be deferred to any meeting held before the end of the following financial year. no expenditure shall be authorised or incurred under the preceding subsection unless parliament has specified in advance of the expenditure the maximum amount of expenditure that may be incurred under that subsection. 104. delay in appropriation act owing to dissolution where at any time parliament has been dissolved before any provision or any sufficient provision is made under this chapter of this constitution for the carrying on of the government of solomon islands, the minister of finance may issue a warrant for the payment out of the consolidated fund of such sums as he may consider necessary for the continuance of the public services until the expiry of a period of three months commencing with the date on which parliament first meets after that dissolution, but a statement of the sums so authorised shall, as soon as practicable, be laid before parliament and the aggregate sums shall be included, under the appropriate heads, in the next appropriation bill. 105. public debt and borrowing there shall be charged on the consolidated fund all debt charges for which the government is liable. for the purposes of this section debt charges include interest, sinking fund charges, the repayment or amortisation of debt, and all expenditure in connection with the raising of loans on the security of the revenue of the government or the consolidated fund and the service and redemption of debt thereby created. the government shall not borrow money nor enter into a guarantee involving any financial liability except in accordance with such provisions as may be prescribed by parliament. 106. imposition of taxation no taxation shall be imposed or altered except by or under an act of parliament. 107. remuneration of certain officers there shall be paid to the holders of the offices to which this section applies such salary or other remuneration and such allowances as of may be prescribed by parliament. the remuneration and allowances payable to the holders of those offices are hereby charged on and shall be paid out of the consolidated fund. the remuneration prescribed in pursuance of this section in respect of the holder of any such office and his other terms of service (other than allowances that are not taken into account in computing, under any law in that behalf, any pension payable in respect of his appointment) except as part of any alteration generally applicable to holders of offices specified in this section. where a person’s remuneration or other terms of service depend upon his option, the remuneration or terms for which he opts shall, for the purpose of the preceding subsection, be deemed to be more advantageous to him than any others for which he might have opted. this section applies to the offices of governor-general, any judge of the high court or the court of appeal, speaker, ombudsman, director of public prosecution, public solicitor, auditor-general, commissioner of police, chief electoral officer and member of any commission established by this constitution. 108. auditor-general there shall be an auditor-general whose office shall be a public office. the auditor-general shall be appointed by the governor-general, acting in accordance with the advice of the public service commission. the public accounts of solomon islands, of all ministries, offices, courts and authorities of the government, of the government of honiara city and of all provincial governments, shall be audited and reported on annually by the auditor-general and for that purpose the auditor-general or any person authorised by him in that behalf shall at all times be entitled to access to all books, records, returns and other documents relating to such accounts. the auditor-general shall submit his reports to the speaker who shall cause them to be laid before parliament; and he shall also send a copy of each report to the minister of finance and the minister concerned. in the exercise of his functions under this section, the auditor-general shall not be subject to the direction or control of any other person or authority. nothing in this section shall prevent the performance by the auditor-general of— such other functions in relation to the accounts of the government and the accounts of other public authorities and other bodies administering public funds in solomon islands as may be prescribed by parliament; or such other functions in relation to the supervision and control of expenditure from public funds in solomon islands as may be so prescribed. 109. interpretation in this chapter of this constitution— “financial year” means the twelve months ending on the 31st december in any year or on such other date as may from time to time be prescribed by parliament; “statutory expenditure” means expenditure charged on the consolidated fund or on the general revenues and assets of solomon islands by virtue of any of the provisions of this constitution or by virtue of any provision of any other law for the time being in force in solomon islands. chapter xi. land 110. land the right to hold or acquire a perpetual interest in land shall vest in any person who is a solomon islander and only in such other person or persons as may be prescribed by parliament. 111. non-customary land parliament may, in regard to land which has ceased to be customary land:— provide for the conversion into a fixed-term interest of any perpetual interest in such land held by a person who is not entitled under the preceding section to hold such a perpetual interest; provide for the compulsory acquisition where necessary of such land or any right over or interest in such land; prescribe the criteria to be adopted in regard to the assessment and payment of compensation for such conversion or compulsory acquisition (which may take account of, but need not be limited to, the following factors: the purchase price, the value of improvements made between the date of purchase and the date of acquisition, the current use value of the land, and the fact of its abandonment or dereliction). 112. customary land parliament shall provide, in relation to any compulsory acquisition of customary land or any right over or interest in it, that:— before such land is compulsorily acquired, there shall be prior negotiations with the owner of the land, right or interest; the owner shall have a right of access to independent legal advice; and so far as practicable the interest so acquired shall be limited to a fixed-term interest. 113. savings and interpretation nothing in this chapter shall be construed as enabling parliament to make any provision which is inconsistent with the provisions of section 8(1)(c) of this constitution. in this chapter “solomon islander” has the same meaning as in the land and titles ordinance. chapter xii. provincial government 114. provincial government notwithstanding anything contained in the solomon islands independence order 1978, solomon islands shall be divided into honiara city and provinces. parliament shall by law— prescribe the number of provinces, and the boundaries of honiara city and the provinces after considering the advice of the constituency boundaries commission; make provision for the government of honiara city and the provinces and consider the role of traditional chiefs in the provinces. chapter xiii. the public service 115. public service commission there shall be a public service commission for solomon islands which shall consist of a chairman and not less than two nor more than four other members appointed by the governor-general for such period, being not less than three nor more than six years, as may be specified in their respective instruments of appointment. a person shall be disqualified for appointment as a member of the public service commission if he is a member of parliament or a public officer or an officer of any society or association which the governor-general, in his own deliberate judgment, is satisfied is of a political nature. a person shall not, while he holds or is acting in the office of a member of the public service commission or within a period of five years commencing with the date on which he last held or acted in that office, be eligible for appointment to or to act in any public office. the office of a member of the public service commission shall become vacant— at the expiration of the period specified in the instrument by which he was appointed; if he becomes a member of parliament; if he becomes an officer of any society or association which the governor-general, in his own deliberate judgment, is satisfied is of a political nature; or if he is removed from office in accordance with section 126 of this constitution. whenever the office of the chairman of the public service commission is vacant or the holder thereof is for any reason unable to perform the functions of his office, such one of the other members of the public service commission as the governor-general shall appoint may act in the office of the chairman. if the office of a member of the public service commission other than the chairman is vacant or the holder thereof is acting as the chairman or is for any reason unable to perform the functions of his office, the governor-general may appoint a person who is qualified for appointment as a member of the commission to act as such a member; and any person so appointed may, subject to the provisions of subsection (4) of this section, continue to act until he is notified by the governor-general that the circumstances giving rise to the appointment have ceased to exist. except as provided in subsections (2) and (4)(c) of this section, the powers conferred on the governor-general by this section shall be exercised by him acting in accordance with the advice of the prime minister. 116. appointments, etc. of public officers subject to the provisions of this constitution, power to make appointments to public offices (including power to confirm appointments) and to remove and to exercise disciplinary control over persons holding or acting in such offices is vested in the public service commission. the public service commission may, subject to such conditions as it thinks fit, delegate any of its powers under this section by directions in writing to any member of the commission or to any public officer. the provisions of this section shall not apply in relation to— the office of any judge of the high court, the court of appeal or any magistrate of the magistrates' court; the office of ombudsman, director of public prosecutions, public solicitor or auditor-general; any office to which section 116b or 118 of this constitution applies; the office of any member of the police force or the correctional service; or the office to which section 127 of this constitution applies. the public service commission shall not exercise any of its powers in relation to any office on the personal staff of the governor-general or in relation to any person holding or acting in any such office without the concurrence of the governor-general, acting in his own deliberate judgment. before making any appointment to any office on the staff of the ombudsman, the public service commission shall consult the ombudsman. before making any appointment to the office of clerk to the legislature, the public service commission shall consult the speaker. 116a. teaching service commission there shall be a teaching service commission comprised of— the chairman of the public service commission shall be chairman of the commission; not less than 2 nor more than 3 other members appointed by the governor-general for such period being not less than 3 nor more than 6 years as may be specified in their respective instruments of appointment. any person shall be disqualified for appointment as a member of the teaching service commission if he is a member of parliament or provincial assembly or a public officer or an officer of any society or association which the governor-general in his own deliberate judgment is satisfied is of a political nature. a person shall not while he holds or is acting in the office of a member of the teaching service commission be eligible for appointment to or to act in any public office. the office of a member of the teaching service commission shall become vacant— at the expiration of the period specified in the instrument by which he was appointed; if he becomes a member of parliament; if he becomes an officer of any society or association which the governor-general in his own deliberate judgment, is satisfied is of a political nature; or if he is removed from office in accordance with section 126. if the office of a member of the teaching service commission other than the chairman is vacant or the holder is acting as the chairman or is for any reason unable to perform the functions of his office, the governor-general may appoint a person who is qualified for appointment as a member of the commission to act as such a member, and any person so approximate may, subject to subsection (4), continue to act until he is notified by the governor-general at the circumstances giving rise to the appointment have ceased to exist. 116b. appointments, etc. of teachers power to make appointments to the offices to which this section applies (including power to confirm appointments) and to remove and to exercise control over persons holding or acting in such offices is vested in the teaching service commission. the teaching service commission may, subject to such conditions as it thinks fit, delegate any of its powers under this section by directions in writing to any member of the commission or to any public officer or to any provincial government officer. before making any appointment to a school set up by a provincial assembly or a church or other body, the teaching service commission shall consult the relevant education authority. this section applies to teachers in primary schools, secondary schools and institutes of tertiary education. 117. judicial and legal service commission there shall be a judicial and legal service commission for solomon islands. the members of the commission shall be— the chief justice, who shall be chairman of the commission; the attorney-general; the chairman of the public service commission; the president of the bar association; and two other members. the two members referred to in paragraph (e) of subsection (2) shall be appointed by the governor-general, acting in accordance with the advice of the prime minister. the office of the member of the commission appointed under the preceding subsection shall become vacant— at the expiration of three years from the date of his appointment; if he becomes a member of parliament or a public officer other than a judge of the high court or the court of appeal; or if he is removed from office in accordance with section 126 of this constitution. 118. appointments, etc. of judicial and legal officers power to make appointments to the offices to which this section applies (including power to confirm appointments) and to remove and to exercise disciplinary control over persons holding or acting in such offices is vested in the judicial and legal service commission. this section applies to— all public offices for which a legal qualification is required, except those of attorney-general, judge of the high court or the court of appeal, director of public prosecutions and public solicitor; magistrates engaged in full time judicial and related duties; and such other officers, including registrars of the high court and the court of appeal, as may be prescribed. 119. police and correctional service commission there shall be a police and correctional service commission for solomon islands. the members of the commission shall be— the chairman of the public service commission, who shall be chairman of the commission; the chairman or the judicial and legal service commission; and a person appointed by the governor-general, acting in accordance with the advice of the prime minister. if the office of the member of the commission appointed under subsection (2)(c) of this section is vacant or the holder thereof is for any reason unable to perform the functions of his office, the governor-general, acting in accordance with the advice of the prime minister, may appoint some other person to act in the office of that member; and any person so appointed may continue to act until he is notified by the governor-general, acting as aforesaid, that the circumstances giving rise to the appointment have ceased to exist. 120. appointments of officers in police force save as provided in section 43(2) of this constitution, power to make appointments (including power to confirm appointments) to offices in the police force of or above the rank of inspector is vested in the police and correctional service commission. power to make appointments (including power to confirm appointments) in the police force below the rank of inspector is vested in the commissioner of police. there shall be in the police force such number of police promotion boards, each consisting of officers in the police force above the rank of inspector, as may be prescribed by regulations made under subsection (1) of this section. in the exercise of the powers to make appointments to offices in the police force vested in him, the commissioner of police may refer any question relating to the promotion of an officer in the police force to a rank below that of inspector to a police promotion board for their advice, but he shall not be obliged to act in accordance with the advice given him by any such board. the police and correctional service commission may by regulations make provision for all or any of the following matters— the number of police promotion boards which shall be established for the police force; the composition of any police promotion board and the method of appointment and tenure of office of the members thereof; and the manner in which a police promotion board shall perform its functions. the power to make appointments under subsection (1) of this section shall not extend to postings or transfers within the police force of officers in that force, and the power to make such postings and transfers is vested in the commissioner of police. 121. removal and discipline of members of police force save as provided in section 129 of this constitution and subsection (2) of this section, power to remove and to exercise disciplinary control over persons holding or acting in offices in the police force is vested in the police and correctional service commission. the following powers are vested in the commissioner of police— in respect of officers of or above the rank of assistant superintendent, the power to administer reprimands; in respect of inspectors, the power to exercise disciplinary control other than removal or reduction in rank; and in respect of officers below the rank of inspector, the power to exercise disciplinary control including the power of removal. the commissioner of police may, by directions in writing, and subject to such conditions as he thinks fit, delegate to any officer in the police force of or above the rank of inspector any of his powers under subsection (2)(c) of this section other than the power of removal, but an appeal from any award of punishment by such an officer shall lie to the commissioner. 122. appeal any police officer upon whom the commissioner has imposed any punishment which includes— reduction in rank; or removal, may appeal to the police and correctional service commission against either the finding or the punishment or both, and the commission may confirm, set aside or vary the finding and confirm, set aside, reduce, suspend or otherwise vary the punishment: provided that nothing in this section shall be construed as empowering the award of any greater punishment than could have been awarded by the officer inflicting the punishment. 123. appointments of officers in correctional service power to make appointments (including power to confirm appointments) to offices in the correctional service of or above the rank of inspector is vested in the police and correctional service commission. power to make appointments (including power to confirm appointments) below the rank of inspector is vested in the commissioner of correctional service. the power to make appointments under subsection (1) of this section shall not extend to postings or transfers within the correctional service of officers in that service, and the power to make such postings and transfers is vested in the commissioner of correctional service. 124. removal and discipline of members of correctional service save as provided in subsection (2) of this section, power to remove and to exercise disciplinary control over persons holding or acting in offices in the correctional service is vested in the police and correctional service commission. the following powers are vested in the commissioner of correctional service— in respect of officers of or above the rank of inspector, the power to administer reprimands; in respect of inspectors, the power to exercise disciplinary control other than removal or reduction in rank; and in respect of officers below the rank or inspector, the power to exercise disciplinary control including the power of removal. the commissioner of correctional service may, by directions in writing and subject to such conditions as he thinks fit, delegate to any officer in the correctional service of or above the rank of inspector any of his powers under subsection (2)(c) of this section other than the power of removal, but an appeal from any award of punishment by such an officer shall lie to the commissioner of correctional service. 125. appeal any officer in the correctional service upon whom the commissioner of correctional service has imposed any punishment which includes— reduction in rank; or removal, may appeal to the police and correctional service commission against either the finding or the punishment or both, and the commission may confirm, set aside or vary the finding and confirm, set aside, reduce, suspend or otherwise vary the punishment: provided that nothing in this section shall be construed as empowering the award of any greater punishment than could have been awarded by the officer inflicting the punishment. 125a. amnesty or immunity from disciplinary proceedings notwithstanding the provisions of section 121 or 124, members of the solomon islands police force and the correctional services who may be liable for disciplinary action in connection with their participation in the para-military operations conducted on the 5th day of june 2000 and the joint para-military/malaita eagle force security operations carried on thereafter until the 15th day of october, 2000, shall not be subjected to the powers of disciplinary control of the police and correctional services commission. 126. removal from office of members of commissions a person holding an office to which this section applies (in this section referred to as “a commissioner”) may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. a commissioner shall be removed from office by the governor-general if the question of his removal from that office has been referred to a tribunal appointed under the next following subsection and the tribunal has advised the governor-general that he ought to be removed from office for inability as aforesaid or for misbehaviour. if the governor-general considers that the question of removing a commissioner ought to be investigated, then— the governor-general shall appoint a tribunal in accordance with the provisions of subsection (6) of this section; and that tribunal shall inquire into the matter and report on the facts thereof to the governor-general and advise the governor-general whether the commissioner ought to be removed under this section. if the question of removing a commissioner has been referred to a tribunal under this section, the governor-general may suspend the commissioner from performing the functions of his office, and any such suspension may at any time be revoked by the governor-general, and shall in any case cease to have effect if the tribunal advises the governor-general that the commissioner should not be removed. the offices to which this section applies are those of members of the public service commission, appointed member of the teaching service commission under section 116a(1)(b), members of the judicial and legal service commission appointed under section 117(3) of this constitution, and member of the police and correctional service commission appointed under section 119(3) of this constitution. a tribunal appointed under this section shall consist of a chairman and two other members, and in the case of tribunal to investigate the removal of a member of the judicial and legal service commission appointed under section 117(3) of this constitution, all members of the tribunal shall be persons who hold or have held high judicial office in some part of the commonwealth; and in any other case, the chairman shall be a person who holds or has held such office. except as provided in subsection (2) of this section, the functions of the governor-general under this section shall be exercised by him in accordance with the advice of the prime minister. 127. appointments, etc. to particular offices power to make appointments to the offices to which this section applies (including power to confirm appointments) and to remove and to exercise disciplinary control over persons holding or acting in such offices is vested in the governor-general, acting in accordance with the advice of the prime minister tendered after the prime minister has consulted the public service commission. the offices to which this section applies are those of ambassador, high commissioner or other principal representative of solomon islands in any other country or accredited to any international organisation. 128. appointment of permanent secretaries power to make appointments to the office of permanent secretary shall vest in the public service commission acting with the concurrence of the prime minister. power of posting or transfer of a person holding the office of permanent secretary shall vest in the prime minister, acting after consultation with the public service commission. 129. tenure of office of certain public officers the provisions of this section shall apply in relation to persons holding the offices of auditor-general, director of public prosecutions, chief electoral officer, public solicitor and commissioner of police. subject to the provisions of this section, a person to whom this section applies shall vacate his office when he attains the age of fifty-five years: provided that the governor-general may permit a person to whom this section applies who attains the age of fifty-five years to continue in office until he has attained such later age as may have been agreed between the governor-general and that person. a person to whom this section applies may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. a person to whom this section applies shall be removed from office by the governor-general if the question of his removal from office has been referred to a tribunal appointed under section (5) of this section and the tribunal has recommended to the governor-general that he ought to be removed from office for inability as aforesaid or for misbehaviour. if the governor-general considers that the question of removing a person to whom this section applies from office for inability as aforesaid or for misbehaviour ought to be investigated, or if the prime minister represents to the governor-general that that question ought to be investigated, then— the governor-general shall appoint a tribunal, which shall consist of a chairman who is a person who holds or has held high judicial office in some part of the commonwealth, and not less than two other members; and the tribunal shall inquire into the matter and report on the facts thereof to the governor-general and recommend to the governor-general whether the person ought to be removed from office for inability as aforesaid or for misbehaviour. if the question of removing a person to whom this section applies has been referred to a tribunal under subsection (5) of this section, the governor-general may suspend the person from performing the functions of his office, and any such suspension may at any time be revoked by the governor-general and shall in any case cease to have effect if the tribunal recommends to the governor-general that the person should not be removed. except as provided in subsection (4) of this section, the functions of the governor-general under this section shall be exercised by him— in relation to the office of auditor-general, in accordance with the advice of the public service commission; in relation to the office of director of public prosecutions, chief electoral officer or public solicitor, in accordance with the advice of the judicial and legal service commission; and in relation to the office of commissioner of police, in his own deliberate judgment. the provisions of this section shall not apply in relation to a person appointed to act in any office referred to in subsection (1) of this section during any period when that office is vacant or the holder thereof is unable to perform the functions of his office; and the appointment of such a person may be revoked by the governor-general at any time before the expiration of that period. 9 nothing in this section shall prevent the appointment of a person who is not a citizen of solomon islands to any office to which this section applies for a term of years. a person appointed to an office to which this section applies under this subsection shall cease to hold office on the expiration of the term for which he was appointed but shall otherwise be removed from office only in accordance with the provisions of this section. 130. applicability of pensions law subject to the provisions or section 132 of this constitution, the law applicable to the grant and payment to any officer, or to his widow, children, dependants or personal representatives, of any pension, gratuity or other like allowance (in this section and in sections 131 and 132 of this constitution referred to as an “award”) in respect of the service of that officer in a public office shall be that in force on the relevant day or any later law not less favourable to the person concerned. for the purposes of this section the relevant day is— in relation to an award granted before independence day, the day on which the award was granted; in relation to an award granted or to be granted on or after independence day to or in respect of a person who was a public officer before that day, the day immediately before that day; in relation to an award granted or to be granted to or in respect of a person who first becomes a public officer on or after independence day, the day on which he becomes a public officer. for the purposes of this section, in so far as the law applicable to an award depends on the option of the person to or in respect of whom it is granted or to be granted, the law for which he opts shall be taken to be more favourable to him than any other law for which he might have opted. 131. pensions, etc. charged on the consolidated fund awards granted under any law for the time being in force in solomon islands are (except so far as they are a charge on some other fund and are duly paid out of that fund to the person to whom payment is due) hereby charged on and shall be paid out of the consolidated fund. 132. grant and withholding of pensions, etc the power to grant any award under any pensions law for the time being in force in solomon islands (other than an award to which, under that law, the person to whom it is payable is entitled as of right) and, in accordance with any provisions in that behalf in any such law, to withhold, reduce in amount or suspend any award payable under any such law shall vest in the governor-general. the power vested in the governor-general by subsection (1) of this section shad be exercised by him— in the case of an award payable in respect of the services of any person who, having been a public officer, was, immediately before the date on which he ceased to hold public office, serving as a judge of the high court or the court of appeal, or commissioner of police in his own deliberate judgment; in the case of an award payable in, respect of the services of any person who, having been a public officer, was, immediately before the date aforesaid, serving as ombudsman, director of public prosecution, or public solicitor, or in any office to which section 118 of this constitution applies at the date of the exercise of the power, in accordance with the advice of the judicial and legal service commission; in the case of an award payable in respect of the services of any person who, having been a public officer, was, immediately before the date aforesaid, serving in any office in the correctional service or in the police force other than the office of commissioner of police, in accordance with the advice of the police and correctional service commission; and in the case of an award payable in respect of the service of any other person for whom no other statutory or other provision has been made, in accordance with the advice of the public service commission. in this section, “pensions law” means any law relating to the grant to any person, or to the widow, children, dependants or personal representatives of that person, of an award in respect of the services of that person in a public office. chapter xiv. miscellaneous 133. powers of appointment and acting appointments any reference in this constitution to [the] power to make appointments to any public office shall be construed as including a reference to [the] power to make appointments on promotion and transfer to that office and [the] power to appoint a person to act in that office during any period during which it is vacant or the holder thereof is unable to perform the functions of that office. in this constitution, unless the context otherwise requires, a reference to the holder of an office by the term designating his office shall be construed as including a reference to any person who is for the time being lawfully acting or performing the functions of that office. where by this constitution any person is directed, or power is conferred on any person or authority to appoint a person, to act in or otherwise perform the functions of an office if the holder thereof is unable to perform the functions of that office, the validity of any performance of those functions by the person so directed or of any appointment made in exercise of that power shall not be called in question in any court on the ground that the holder of that office is not unable to perform the functions of the office. 134. reappointments and concurrent appointments where any person has vacated any office established by this constitution, he may, if qualified, again be appointed or elected to hold that office in accordance with the provisions of this constitution. whenever the holder of any office constituted by or under this constitution, or any public office otherwise constituted, is on leave of absence pending relinquishment of his office— another person may be appointed to that office; and that person shall, for the purpose of any function of that office, be deemed to be the sole holder of that office. 135. removal from office references in this constitution to the power to remove a public officer from his office shall be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service and to any power or right to terminate a contract on which a person is employed as a public officer and to determine whether any such contract or shall not be renewed: provided that— nothing in this subsection shall be construed as conferring on any person or authority power to require any judge of the high court or the court of appeal, the ombudsman, the director of public prosecutions, the public solicitor, the commissioner of police or the auditor-general to retire from the public service; and any power conferred by any law to permit a person to retire from the public service shall, in the case of any officer mentioned in the preceding paragraph or an officer who may be removed from office by some person or authority other than a commission established by this constitution, vest in the commission or other authority that, if that officer had retired, would be the appropriate commission or authority in relation to the awards of that officer under section 132 of this constitution. any provision of this constitution that vests in any person or authority power to remove any public officer from his office shall be without prejudice to the power of any person or authority to abolish any office or to any law providing for the compulsory retirement of public officers generally or any class of public officer on attaining an age specified therein. 136. resignations save as otherwise provided in sections 34, 50 and 64 of this constitution, any person who is appointed to or to act in any office established by this constitution may resign from that office by writing under his hand addressed to the person by whom he was appointed; and the resignation of any person from any such office (including any seat in parliament) by writing under his hand addressed in accordance with this constitution to any other person shall take effect, and the office shall accordingly become vacant— at such time or on such date (if any) as may be specified in the writing; or when the writing is received by that other person, whichever is the later: provided that the resignation may be withdrawn before it takes effect if the person to whom the resignation is addressed consents to its withdrawal. 137. performance of functions of commissions, etc any commission established by this constitution may by regulations make provision for regulating and facilitating the performance by the commission of their functions under this constitution. any decision by any such commission shall require the concurrence of a majority of all the members thereof and, subject as aforesaid, the commission may act notwithstanding the absence of any member: provided that if in any particular case a vote of all the members is taken to decide the question and the votes cast are equally divided the chairman shall exercise a casting vote. subject to the provisions of this section, any such commission may regulate their own procedure. in the exercise of their functions under this constitution, no such commission shall be subject to the direction or control of any other person or authority, except where otherwise provided by this constitution. in addition to the functions conferred upon them by or under this constitution any such commission shall have such powers and other functions (if any) as may be prescribed. the validity of the transaction of business of any such commission shall not be affected by the fact that some person who was not entitled to do so took part in the proceedings. the provisions of subsections (1), (2), (3) and (4) of this section shall apply in relation to the committee on the prerogative of mercy as they apply in relation to a commissioner established by this constitution. the provisions of subsections (1), (2), (3) and (4) of this section shall apply in relation to a tribunal established for the purposes of sections 14(4), 16(8), 87(6), 126(3) and 129(5) of this constitution as they apply in relation to a commission established by this constitution, and any such tribunal shall have the same powers as the high court in respect of the attendance and examination of witnesses (including the administration of oaths and the examination of witnesses abroad) and in respect of the production of documents. 138. saving for jurisdiction of courts no provision of this constitution that any person or authority shall not be subject to the direction or control of any other person or authority in the exercise of any functions under this constitution shall be construed as precluding a court of law from exercising jurisdiction in relation to any question whether that person or authority has performed those functions in accordance with this constitution or any other law or should not perform those functions. 139. power to amend and revoke instruments, etc where any power is conferred by this constitution to make any proclamation, regulation, order or rule, or to give any direction or instructions, the power shall be construed as including the power, exercisable in like manner; to amend or revoke any such proclamation, regulation, order, rule, direction or instructions. 140. consultation where any person or authority other than the governor-general is directed by this constitution to exercise any function after consultation with any other person or authority, that person or authority shall not be obliged to exercise that function in accordance with the advice of that other person or authority. where any person or authority is directed by any law to consult any other person or authority before taking any decision or action, that other person or authority must be given a genuine opportunity to present his or its views before the decision or action, as the case may be, is taken. 141. oaths before entering upon the functions of his office a person to whom this section applies shall take and subscribe the oath of allegiance and such other oath (if any) as may be prescribed by parliament. this section applies to any person appointed to hold or to act in— the office of any judge of the high court or the court of appeal; such other public offices as may be prescribed by parliament; and the office of member of any commission established by this constitution or of the committee on the prerogative of mercy. 142. national seal there shall be a national seal bearing on it such device as national parliament shall approve by resolution. 143. establishment of certain offices the offices specified in sections 91 (director of public prosecutions), 92 (public solicitor) and 96 (ombudsman) shall be established no later than 8th july 1981. 144. interpretation in this constitution, unless the context otherwise requires— “absolute majority” means at least one half of all the members plus one; “the commonwealth” means solomon islands and any country to which section 24 of this constitution for the time being applies, and includes the dependencies of any such country; “the crown” means the crown in right of solomon islands; “customary law” means the rules of customary law prevailing in an area of solomon islands; “functions” includes rights, duties and powers; “the gazette” means the solomon islands gazette; “the government” means her majesty’s government of solomon islands; “the governor-general” means the governor-general of solomon islands; “the high court” and “the court of appeal” mean respectively the high court and the court of appeal established by this constitution; “high judicial office” means the office of judge of a court having unlimited jurisdiction in civil and criminal matters or a court having jurisdiction in appeals from any such court; “independence day” means 7th july 1978; “legal representative” means a person entitled to practise as an advocate or a barrister and solicitor in solomon islands; “meeting” in relation to parliament means any sittings of parliament commencing when parliament first meets after being summoned at any time, and terminating when parliament is adjourned sine die or at the conclusion of a session; “oath” includes affirmation; “oath of allegiance” means such oath of allegiance as is prescribed in schedule 1 to this constitution; “officer of the government of honiara city” means a person holding or acting in any office of emolument in the service of an authority of the government of honiara city; “parliament” means the national parliament of solomon islands established by this constitution; “the police force” means the solomon islands police force; “prescribed” means prescribed in a law: provided that— in relation to anything that may be prescribed only by parliament, it means prescribed in an act of parliament; and in relation to anything that may be prescribed only by some other specified person or authority, it means prescribed in an order made by that other person or authority; "correctional service" means the correctional service of solomon islands; “provincial government officer” means a person holding or acting in any office of emolument in the service of a provincial government; “public office” means, subject to the provisions of the next following section, an office of emolument in the public service; “public officer” means a person holding or acting in any public office; “public service” means the service of the crown in a civil capacity in respect of the government of solomon islands; “session” means the sittings of parliament commencing when parliament first meets after its prorogation or dissolution at any time and ending when parliament is prorogued or dissolved without having been prorogued; “sitting” means, in relation to parliament, a period during which parliament sits without adjournment and includes any period during parliament is in committee; “solomon islands” mean the territory which immediately before independence day constituted the territory under her majesty’s protection known as the solomon islands; “the speaker” means the speaker of parliament. the provisions referring to her majesty shall extend to her majesty’s heirs and successors in the sovereignty of the united kingdom of great britain and northern ireland. save as otherwise provided in this constitution, the interpretation act 1889 shall apply, with the necessary adaptations, for the purpose of interpreting this constitution, and otherwise in relation thereto, applies for the purpose of interpreting, and in relation to, acts of the parliament of the united kingdom. 145. references to public office, etc in this constitution the expression “public office” shall be construed— as including the office of any judge of the high court or the court of appeal and the office of member of any other court of law in solomon islands, unless the context otherwise requires; as not including— the office of any minister, leader of the opposition, leader of the independent members, speaker or, member of parliament; or the office of a member of any commission established by the constitution or of the committee on the prerogative of mercy. for the purposes of this constitution a person shall not be treated as holding, or acting in, a public office by reason only that he— is on leave of absence pending relinquishment of a public office, or is on leave of absence without salary from a public office; is receiving a pension or other like allowance from the crown; is a special constable or a retired or reserve member of her majesty’s forces; is an officer of the government of honiara city; is a provisional government officer; or is the holder of an office in the service or appointment of the crown, or is performing any function on behalf of the crown, if the only payments he receives in respect of that office or those functions are by way of travelling or subsistence allowances or a refund of out-of-pocket expenses. schedule 1 to the constitution. forms of oaths and affirmations (sections 29, 39, 63 and 141) 1. oath of allegiance i, _______________, do swear [or solemnly affirm] that i will be faithful and bear true allegiance to her majesty queen elizabeth ii, her heirs and successors, according to law. [so help me god.] 2. oath for the due execution of the office of governor-general i, _______________, do swear [or solemnly affirm] that i will well and truly serve her majesty queen elizabeth ii, her heirs and successors, in the office of governor-general of solomon islands. [so help me god.] 3. oath for the due execution of the office of member of the cabinet i, ................................., being a member of the cabinet, do swear [or solemnly affirm] that i will to the best of my judgment, at all times when so required, freely give my counsel and advice to the governor-general of solomon islands (or any other person for the time being lawfully performing the functions of that office) for the good management of the public affairs of solomon islands, and i do further swear [or solemnly affirm] that i will not on any account, at any time whatsoever, disclose the counsel, advice, opinion or vote of any particular member of the cabinet, and that i will not, except with the authority of the cabinet and to such extent as may be required for the good management of the affairs of solomon islands, directly or indirectly reveal the business or proceedings of the cabinet or any matter coming to my knowledge in my capacity as a member of the cabinet and that in all things i will be a true and faithful member of the cabinet. [so help me god.] schedule 2 to the constitution. election of prime minister (section 33(1)) 1. calling of election meeting as soon as possible after a general election of members of parliament, or whenever there is a vacancy in the office of prime minister, the governor-general shall convene a meeting of members for the purpose of electing a prime minister by issuing to each member a notice stating— the date, place and time of the election meeting; the place at and the date and time on which nomination papers are to be delivered to the governor-general which time shall be not later than four days before the date appointed for the election meeting. 2. list of candidates a list specifying all candidates nominated and their respective nominators shall be submitted by or by direction of the governor-general to each member prior to the election meeting. 3. candidature all members shall be eligible for candidature. no member shall be a candidate unless he is nominated as such by four other members, and no member may nominate more than one candidate. any candidate may withdraw his candidature at any time before the conclusion of the election. 4. election may be countermanded or suspended if, at any stage of the election, a candidate dies or in the opinion of the governor-general is seriously incapacitated, or if for any other reason the election in the opinion of the governor-general cannot or is unlikely to be successfully completed in accordance with paragraph 7 of this schedule, the governor-general may either— countermand the election in which case the electoral procedure shall be commenced de novo; or suspend the election proceedings until some later time or day. 5. method of voting the election shall be by secret ballot. each member shall have only one vote at the first and at each subsequent ballot, if any, held in accordance with paragraph 7 of this schedule. 6. conduct of meeting the election meeting shall be presided over and the election conducted by the governor-general. the governor-general may for the purpose of counting votes and for any other purpose relating to the conduct of the election enlist the assistance of such number of public officers as he shall consider necessary. no person other than the governor-general, a member, or a public officer whose assistance is enlisted under the preceding sub-paragraph shall be present at an election meeting. 7. voting procedure if any candidate should at any ballot receive an absolute majority of votes, he shall thereby be elected prime minister. if no candidate should receive an absolute majority of votes at the first ballot a further ballot shall be held wherein— the candidate who received [the] fewest votes at the first ballot shall thereby be eliminated; or if there is a tie between two or more candidates for the fewest number of votes received at the first ballot, the governor-general shall decide by lot which one of such candidates shall be eliminated. if in a second ballot no candidate should receive an absolute majority of votes, subject to subparagraph (5) of this paragraph, further ballots shall be held until one candidate receives an absolute majority of votes. the procedure specified in subparagraphs (1) and (2) of this paragraph relating to the first and second ballots shall apply in relation to subsequent ballots. if, after one or more ballots, all candidates save two have been eliminated, only one further ballot shall be conducted to decide the election between these two candidates at which the candidate receiving the greater number of votes shall be elected prime minister. if the ballot conducted in accordance with the preceding subparagraph results in a tie between the two candidates, one further ballot shall be conducted to decide the election between these two candidates and if there is a tie between them again, the governor-general shall countermand the election and the election procedure shall be commenced de novo. no ballot shall be held within a period of less than six hours after the conclusion of the preceding ballot. 8. announcement of results when the count has been completed in any ballot the governor-general shall forthwith announce to the meeting the number of votes received by each candidate and, where any candidate has received an absolute majority of votes, or the greater number of votes under paragraph 7(5) or (6) of this schedule, shall declare such candidate to have been elected prime minister. 9. notification of result upon the election of a prime minister, the governor-general shall cause that fact and the identity of the prime minister— to be made known to the public in such manner as to him may seem appropriate; and to be published as soon as may be in the gazette. 10. disputes any dispute arising out of or in connection with the calling or conduct of any election meeting or the election of the prime minister under this schedule shall be determined by the governor-general whose determination of the matter in dispute shall be final and conclusive and shall not be questioned in any proceedings whatsoever. 11. functions of governor-general the functions conferred upon the governor-general by this schedule shall be exercised by him in his own deliberate judgment. schedule 3 to the constitution. application of laws (section 76) subject to this constitution and to any act of parliament, the acts of the parliament of the united kingdom of general application and in force on 1st january 1961 shall have effect as part of the law of solomon islands, with such changes to names, titles, offices, persons and institutions, and as to such other formal and non-substantive matters, as may be necessary to facilitate their application to the circumstances of solomon islands from time to time. 2 subject to this paragraph, the principles and rules of the common law and equity shall have effect as part of the law of solomon islands, save in so far as:— they are inconsistent with this constitution or any act of parliament; they are inapplicable to or inappropriate in the circumstances of solomon islands from time to time; or in their application to any particular matter, they are inconsistent with customary law applying in respect of that matter. the principles and rules of the common law and equity shall so have effect notwithstanding any revision of them by any act of the parliament of the united kingdom which does not have effect as part of the law of solomon islands. 3 subject to this paragraph, customary law shall have effect as part of the law of solomon islands. the preceding subparagraph shall not apply in respect of any customary law that is, and to the extent that it is, inconsistent with this constitution or an act of parliament. an act of parliament may:— provide for the proof and pleading of customary law for any purpose; regulate the manner in which or the purposes for which customary law may be recognised; and provide for the resolution of conflicts of customary law. 4 no court of solomon islands shall be bound by any decision of a foreign court given on or after 7th july 1978. subject to the preceding provisions of this schedule or any provision in that regard made by parliament, the operation in solomon islands of the doctrine of judicial precedent shall be regulated by practice directions given by the chief justice. the provisions of this schedule are without prejudice to the provisions of section 5 of the order to which the constitution is scheduled. preamble the spanish nation, desiring to establish justice, liberty, and security, and to promote the wellbeing of all its members, in the exercise of its sovereignty, proclaims its will to: guarantee democratic coexistence within the constitution and the laws, in accordance with a fair economic and social order. consolidate a state of law which ensures the rule of law as the expression of the popular will. protect all spaniards and peoples of spain in the exercise of human rights, of their culture and traditions, languages and institutions. promote the progress of culture and of the economy to ensure a dignified quality of life for all. establish an advanced democratic society, and cooperate in the strengthening of peaceful relations and effective cooperation among all the peoples of the earth. therefore, the cortes pass and the spanish people ratifies the following. preliminary title section 1 spain is hereby established as a social and democratic state, subject to the rule of law, which advocates freedom, justice, equality and political pluralism as highest values of its legal system. national sovereignty belongs to the spanish people, from whom all state powers emanate. the political form of the spanish state is the parliamentary monarchy. section 2 the constitution is based on the indissoluble unity of the spanish nation, the common and indivisible homeland of all spaniards; it recognizes and guarantees the right to selfgovernment of the nationalities and regions of which it is composed and the solidarity among them all. section 3 castilian is the official spanish language of the state. all spaniards have the duty to know it and the right to use it. the other spanish languages shall also be official in the respective self-governing communities in accordance with their statutes. the richness of the different linguistic modalities of spain is a cultural heritage which shall be specially respected and protected. section 4 the flag of spain consists of three horizontal stripes: red, yellow and red, the yellow strip being twice as wide as each red stripe. the statutes may recognize flags and ensigns of the self-governing communities. these shall be used together with the flag of spain on their public buildings and in their official ceremonies. section 5 the capital of the state is the city of madrid. section 6 political parties are the expression of political pluralism, they contribute to the formation and expression of the will of the people and are an essential instrument for political participation. their creation and the exercise of their activities are free in so far as they respect the constitution and the law. their internal structure and their functioning must be democratic. section 7 trade unions and employers associations contribute to the defence and promotion of the economic and social interests which they represent. their creation and the exercise of their activities shall be free in so far as they respect the constitution and the law. their internal structure and their functioning must be democratic. section 8 the mission of the armed forces, comprising the army, the navy and the air force, is to guarantee the sovereignty and independence of spain and to defend its territorial integrity and the constitutional order. the basic structure of military organization shall be regulated by an organic act in accordance with the principles of the present constitution. section 9 citizens and public authorities are bound by the constitution and all other legal previsions. it is the responsibility of the public authorities to promote conditions ensuring that freedom and equality of individuals and of the groups to which they belong are real and effective, to remove the obstacles preventing or hindering their full enjoyment, and to facilitate the participation of all citizens in political, economic, cultural and social life. the constitution guarantees the principle of legality, the hierarchy of legal provisions, the publicity of legal statutes, the non-retroactivity of punitive provisions that are not favourable to or restrictive of individual rights, the certainty that the rule of law shall prevail, the accountability of public authorities, and the prohibition of arbitrary action of public authorities. part i. fundamental rights and duties section 10 the dignity of the person, the inviolable rights which are inherent, the free development of the personality, the respect for the law and for the rights of others are the foundation of political order and social peace. provisions relating to the fundamental rights and liberties recognized by the constitution shall be construed in conformity with the universal declaration of human rights and international treaties and agreements thereon ratified by spain. chapter 1. spaniards and aliens section 11 spanish nationality shall be acquired, retained and lost in accordance with the provisions of the law. no person of spanish birth may be deprived of his or her nationality. the state may negotiate dual nationality treaties with latin-american countries or with those which have had or which have special links with spain. in these countries spaniards may become naturalized without losing their nationality of origin, even if those countries do not grant a reciprocal right to their own citizens. section 12 spaniards come legally of age at eighteen years. section 13 aliens in spain shall enjoy the public freedoms guaranteed by the present part, under the terms to be laid down by treaties and the law. only spaniards shall have the rights recognized in section 23, except in cases which may be established by treaty or by law concerning the right to vote and the right to be elected in municipal elections, and subject to the principle of reciprocity. (this text includes the first constitutional reform adopted on 27/08/1992; it just added the words "and the right to be elected" to the paragraph). extradition shall be granted only in compliance with a treaty or with the law, on reciprocal basis. no extradition can be granted for political crimes; but acts of terrorism shall not be regarded as such. the law shall lay down the terms under which citizens from other countries and stateless persons may enjoy the right to asylum in spain. chapter 2. rights and freedoms section 14 spaniards are equal before the law and may not in any way be discriminated against on account of birth, race, sex, religion, opinion or any other personal or social condition or circumstance. division 1. fundamental rights and public freedoms section 15 everyone has the right to life and to physical and moral integrity, and under no circumstances may be subjected to torture or to inhuman or degrading punishment or treatment. death penalty is hereby abolished, except as provided for by military criminal law in times of war. section 16 freedom of ideology, religion and worship of individuals and communities is guaranteed, with no other restriction on their expression than may be necessary to maintain public order as protected by law. no one may be compelled to make statements regarding his or her ideology, religion or beliefs. no religion shall have a state character. the public authorities shall take into account the religious beliefs of spanish society and shall consequently maintain appropriate cooperation relations with the catholic church and other confessions. section 17 every person has the right to freedom and security. no one may be deprived of his or her freedom except in accordance with the provisions of this section and in the cases and in the manner provided for by the law. preventive arrest may last no longer than the time strictly necessary in order to carry out the investigations aimed at establishing the events; in any case the person arrested must be set free or handed over to the judicial authorities within a maximum period of seventy-two hours. every person arrested must be informed immediately, and in a way understandable to him or her, of his or her rights and of the grounds for his or her arrest, and may not be compelled to make a statement. the arrested person shall be guaranteed the assistance of a lawyer during police and judicial proceedings, under the terms to be laid down by the law. an habeas corpus procedure shall be provided for by law in order to ensure the immediate handing over to the judicial authorities of any person illegally arrested. likewise, the maximum period of provisional imprisonment shall be determined by law. section 18 the right to honour, to personal and family privacy and to the own image is guaranteed. the home is inviolable. no entry or search may be made without the consent of the householder or a legal warrant, except in cases of flagrante delicto. secrecy of communications is guaranteed, particularly regarding postal, telegraphic and telephonic communications, except in the event of a court order. the law shall restrict the use of data processing in order to guarantee the honour and personal and family privacy of citizens and the full exercise of their rights. section 19 spaniards have the right to freely choose their place of residence, and to freely move about within the national territory. likewise, they have the right to freely enter and leave spain subject to the conditions to be laid down by the law. this right may not be restricted for political or ideological reasons. section 20 the following rights are recognized and protected: the right to freely express and spread thoughts, ideas and opinions through words, in writing or by any other means of reproduction. the right to literary, artistic, scientific and technical production and creation. the right to academic freedom. the right to freely communicate or receive truthful information by any means of dissemination whatsoever. the law shall regulate the right to the clause of conscience and professional secrecy in the exercise of these freedoms. the exercise of these rights may not be restricted by any form of prior censorship. the law shall regulate the organization and parliamentary control of the masscommunication means under the control of the state or any public agency and shall guarantee access to such means by the significant social and political groups, respecting the pluralism of society and of the various languages of spain. these freedoms are limited by respect for the rights recognized in this part, by the legal provisions implementing it, and especially by the right to honour, to privacy, to the own image and to the protection of youth and childhood. the seizure of publications, recordings and other means of information may only be carried out by means of a court order. section 21 the right to peaceful unarmed assembly is granted. the exercise of this right shall not require prior authorization. in the case of meetings in public places and of demonstrations, prior notification shall be given to the authorities, who can only forbid them when there are well founded grounds to expect a breach of public order, involving danger to persons or property. section 22 the right of association is granted. associations which pursue ends or use means legally defined as criminal offences are illegal. associations set up on the basis of this section must be entered in a register for the sole purpose of public knowledge. associations may only be dissolved or have their activities suspended by virtue of a court order stating the reasons for it. secret and paramilitary associations are prohibited. section 23 citizens have the right to participate in public affairs, directly or through representatives freely elected in periodic elections by universal suffrage. they also have the right to accede under conditions of equality to public functions and positions, in accordance with the requirements laid down by the law. section 24 all persons have the right to obtain effective protection from the judges and the courts in the exercise of their rights and legitimate interests, and in no case may there be a lack of defense. likewise, all have the right to the ordinary judge predetermined by law; to defense and assistance by a lawyer; to be informed of the charges brought against them; to a public trial without undue delays and with full guarantees; to the use of evidence appropriate to their defense; not to make self-incriminating statements; not to plead themselves guilty; and to be presumed innocent. the law shall specify the cases in which, for reasons of family relationship or professional secrecy, it shall not be compulsory to make statements regarding allegedly criminal offences. section 25 no one may be convicted or sentenced for actions or omissions which when committed did not constitute a criminal offence, misdemeanour or administrative offence under the law then in force. punishments entailing imprisonment and security measures shall be aimed at reeducation and social rehabilitation and may not involve forced labour. the person sentenced to prison shall enjoy, during the imprisonment, the fundamental rights contained in this chapter except those expressly restricted by the content of the sentence, the purpose of the punishment and the penitentiary law. in any case, he or she shall be entitled to paid work and to the appropriate social security benefits, as well as to access to cultural opportunities and the overall development of his or her personality. the civil administration may not impose penalties which directly or indirectly imply deprivation of freedom. section 26 courts of honour are prohibited within the framework of the civil administration and of professional organizations. section 27 everyone has the right to education. freedom of teaching is recognized. education shall aim at the full development of human personality with due respect for the democratic principles of coexistence and for basic rights and freedoms. the public authorities guarantee the right of parents to ensure that their children receive religious and moral instruction in accordance with their own convictions. elementary education is compulsory and free. the public authorities guarantee the right of all to education, through general education programming, with the effective participation of all sectors concerned and the setting-up of educational centres. the right of individuals and legal entities to set up educational centres is recognized, provided they respect constitutional principles. teachers, parents and, when appropriate, pupils shall participate in the control and management of all centres supported by the administration out of public funds, under the terms established by the law. the public authorities shall inspect and standardize the educational system in order to ensure compliance with the laws. the public authorities shall help the educational centres which meet the requirements established by the law. the autonomy of universities is recognized, under the terms established by the law. section 28 all have the right to freely join a trade union. the law may restrict or except the exercise of this right in the armed forces or institutes or other bodies subject to military discipline, and shall lay down the special conditions of its exercise by civil servants. trade union freedom includes the right to set up trade unions and to join the union of one's choice, as well as the right of trade unions to form confederations and to found international trade union organizations, or to become members thereof. no one may be compelled to join a trade union. the right of workers to strike in defence of their interests is recognized. the law governing the exercise of this right shall establish the safeguards necessary to ensure the maintenance of essential public services. section 29 all spaniards shall have the right to individual and collective petition, in writing, in the manner and subject to the consequences to be laid down by law. members of the armed forces or institutes or bodies subject to military discipline may only exercise this right individually and in accordance with statutory provisions relating to them. division 2. rights and duties of citizens section 30 citizens have the right and the duty to defend spain. the law shall determine the military obligations of spaniards and shall regulate, with all due guarantees, conscientious objection as well as other grounds for exemption from compulsory military service; it may also, when appropriate, impose a community service in place of military service. a civilian service may be established with a view to accomplishing objectives of general interest. the duties of citizens in the event of serious risk, catastrophe or public calamity may be regulated by law. section 31 everyone shall contribute to sustain public expenditure according to their economic capacity, through a fair tax system based on the principles of equality and progressive taxation, which in no case shall be of a confiscatory scope. public expenditure shall make an equitable allocation of public resources, and its programming and execution shall comply with criteria of efficiency and economy. personal or property contributions for public purposes may only be imposed in accordance with the law. section 32 man and woman have the right to marry with full legal equality. the law shall make provision for the forms of marriage, the age and capacity for concluding it, the rights and duties of the spouses, the grounds for separation and dissolution, and their effects. section 33 the right to private property and inheritance is recognized. the social function of these rights shall determine the limits of their content in accordance with the law. no one may be deprived of his or her property and rights, except on justified grounds of public utility or social interest and with a proper compensation in accordance with the law. section 34 the right to set up foundations for purposes of general interest is recognized in accordance with the law. the provisions of subsections 2 and 4 of section 22 shall also be applicable to foundations. section 35 all spaniards have the duty to work and the right to work, to the free choice of profession or trade, to advancement through work, and to a sufficient remuneration for the satisfaction of their needs and those of their families. under no circumstances may they be discriminated on account of their sex. the law shall regulate a workers' statute. section 36 the law shall regulate the peculiarities of the legal status of professional associations and the exercise of degree professions. the internal structure and the functioning of associations must be democratic. section 37 the law shall guarantee the right to collective labour bargaining between workers and employers' representatives, as well as the binding force of the agreements. the right of workers and employers to adopt collective labour dispute measures is hereby recognized. the law regulating the exercise of this right shall, without prejudice to the restrictions which it may impose, include the guarantees necessary to ensure the functioning of essential public services. section 38 free enterprise is recognized within the framework of a market economy. the public authorities guarantee and protect its exercise and the safeguarding of productivity in accordance with the demands of the general economy and, as the case may be, of economic planning. chapter 3. principles governing economic and social policy section 39 the public authorities ensure social, economic and legal protection of the family. the public authorities likewise ensure full protection of children, who are equal before the law, regardless of their parentage, and of mothers, whatever their marital status. the law shall provide for the possibility of the investigation of paternity. parents must provide their children, whether born within or outside wedlock, with assistance of every kind while they are still under age and in other circumstances in which the law so establishes. children shall enjoy the protection provided for in the international agreements safeguarding their rights. section 40 the public authorities shall promote favourable conditions for social and economic progress and for a more equitable distribution of regional and personal income within the framework of a policy of economic stability. they shall in particular carry out a policy aimed at full employment. likewise, the public authorities shall promote a policy guaranteeing professional training and retraining; they shall ensure labour safety and hygiene and shall provide for the need of rest by limiting the duration of working day, by periodic paid holidays, and by promoting suitable centres. section 41 the public authorities shall maintain a public social security system for all citizens guaranteeing adequate social assistance and benefits in situations of hardship, especially in case of unemployment. supplementary assistance and benefits shall be optional. section 42 the state shall be especially concerned with safeguarding the economic and social rights of spanish workers abroad, and shall direct its policy towards their return. section 43 the right to health protection is recognized. it is incumbent upon the public authorities to organize and watch over public health by means of preventive measures and the necessary benefits and services. the law shall establish the rights and duties of all in this respect. the public authorities shall foster health education, physical education and sports. likewise, they shall encourage the proper use of leisure time. section 44 the public authorities shall promote and watch over access to culture, to which all are entitled. the public authorities shall promote science and scientific and technical research for the benefit of the general interest. section 45 everyone has the right to enjoy an environment suitable for the development of the person, as well as the duty to preserve it. the public authorities shall watch over a rational use of all natural resources with a view to protecting and improving the quality of life and preserving and restoring the environment, by relying on an indispensable collective solidarity. for those who break the provisions contained in the foregoing paragraph, criminal or, where applicable, administrative sanctions shall be imposed, under the terms established by the law, and they shall be obliged to repair the damage caused. section 46 the public authorities shall guarantee the preservation and promote the enrichment of the historical, cultural and artistic heritage of the peoples of spain and of the property of which it consists, regardless of their legal status and their ownership. the criminal law shall punish any offences against this heritage. section 47 all spaniards have the right to enjoy decent and adequate housing. the public authorities shall promote the necessary conditions and establish appropriate standards in order to make this right effective, regulating land use in accordance with the general interest in order to prevent speculation. the community shall have a share in the benefits accruing from the town-planning policies of public bodies. section 48 the public authorities shall promote conditions for the free and effective participation of young people in political, social, economic and cultural development. section 49 the public authorities shall carry out a policy of preventive care, treatment, rehabilitation and integration of the physically, sensorially and mentally handicapped by giving them the specialized care they require, and affording them special protection for the enjoyment of the rights granted by this part to all citizens. section 50 the public authorities shall guarantee, through adequate and periodically updated pensions, a sufficient income for citizens in old age. likewise, and without prejudice to the obligations of the families, they shall promote their welfare through a system of social services that provides for their specific problems of health, housing, culture and leisure. section 51 the public authorities shall guarantee the protection of consumers and users and shall, by means of effective measures, safeguard their safety, health and legitimate economic interests. the public authorities shall promote the information and education of consumers and users, foster their organizations, and hear them on those matters affecting their members, under the terms established by law. within the framework of the provisions of the foregoing paragraphs, the law shall regulate domestic trade and the system of licensing commercial products. section 52 the law shall regulate the professional organizations which contribute to the defence of their own economic interests. their internal structure and their functioning must be democratic. chapter 4. guarantee of fundamental rights and freedoms section 53 the rights and freedoms recognized in chapter 2 of the present part are binding on all public authorities. only by an act which in any case must respect their essential content, could the exercise of such rights and freedoms be regulated, which shall be protected in accordance with the provisions of section 161(1) a). any citizen may assert a claim to protect the freedoms and rights recognized in section 14 and in division 1 of chapter 2, by means of a preferential and summary procedure before the ordinary courts and, when appropriate, by lodging an individual appeal for protection (recurso de amparo) to the constitutional court. this latter procedure shall be applicable to conscientious objection as recognized in section 30. recognition, respect and protection of the principles recognized in chapter 3 shall guide legislation, judicial practice and actions by the public authorities. they may only be invoked before the ordinary courts in accordance with the legal provisions implementing them. section 54 an organic act shall regulate the institution of the defender of the people (defensor del pueblo) as high commissioner of the cortes generales, appointed by them to defend the rights contained in this part; for this purpose he or she may supervise the activity of the administration and report thereon to the cortes generales. (senate standing orders, section 183). chapter 5. suspension of rights and freedoms section 55 the rights recognized in sections 17 and 18, subsections 2 and 3, sections 19 and 20, subsection 1, paragraphs a) and d), and subsection 5; sections 21 and 28, subsection 2, and section 37, subsection 2, may be suspended when a state of emergency or siege (martial law) is declared under the terms provided in the constitution. subsection 3 of section 17 is excepted from the foregoing provisions in the event of the declaration of a state of emergency. an organic act may determine the manner and the circumstances in which, on an individual basis and with the necessary participation of the courts and proper parliamentary control, the rights recognized in section 17, subsection 2, and 18, subsections 2 and 3, may be suspended for specific persons in connection with investigations of the activities of armed bands or terrorist groups. unwarranted or abusive use of the powers recognized in the foregoing organic act shall give rise to criminal liability as a violation of the rights and freedoms recognized by the laws. part ii. the crown section 56 the king is the head of state, the symbol of its unity and permanence. he arbitrates and moderates the regular functioning of the institutions, assumes the highest representation of the spanish state in international relations, especially with the nations of its historical community, and exercises the functions expressly conferred on him by the constitution and the laws. his title is that of king of spain, and he may use the other titles appertaining to the crown. the person of the king is inviolable and shall not be held accountable. his acts shall always be countersigned in the manner established in section 64. without such countersignature they shall not be valid, except as provided under section 65(2). section 57 the crown of spain shall be inherited by the successors of h. m. juan carlos i de borbã³n, the legitimate heir of the historic dynasty. succession to the throne shall follow the regular order of primogeniture and representation, the first line always having preference over subsequent lines; within the same line, the closer grade over the more remote; within the same grade, the male over the female, and in the same sex, the elder over the younger. the crown prince, from his birth or from the time he acquires the claim, shall hold the title of prince of asturias and the other titles traditionally held by the heir to the crown of spain. should all the lines designated by law become extinct, the cortes generales shall provide for succession to the crown in the manner most suitable to the interests of spain. those persons with a right of succession to the throne who marry against the express prohibition of the king and the cortes generales, shall be excluded from succession to the crown, as shall their descendants. abdications and renunciations and any doubt in fact or in law that may arise in connection with the succession to the crown shall be settled by an organic act. section 58 the queen consort, or the consort of the queen, may not assume any constitutional functions, except in accordance with the provisions for the regency. section 59 in the event of the king being under age, the king's father or mother or, in default thereof, the oldest relative of legal age who is nearest in succession to the crown, according to the order established in the constitution, shall immediately assume the office of regent, which shall exercise during the king's minority. if the king becomes unfit for the exercise of his authority, and this incapacity is recognized by the cortes generales, the crown prince shall immediately assume the regency, if he is of age. if he is not, the procedure outlined in the foregoing paragraph shall apply until the coming of age of the crown prince. if there is no person entitled to assume the regency, it shall be appointed by the cortes generales and shall be composed of one, three or five persons. in order to exercise the regency, it is necessary to be spaniard and legally of age. the regency shall be exercised by constitutional mandate, and always on behalf of the king. section 60 the guardian of the king during his minority shall be the person appointed in the will of the deceased king, provided that he or she is of age and spaniard by birth. if a guardian has not been appointed, the father or the mother shall be guardian, as long as they remain widowed. in default thereof, the guardian shall be appointed by the cortes generales, but the offices of regent and guardian may not be held by the same person, except by the father, mother or direct ancestors of the king. exercise of the guardianship is also incompatible with the holding of any office or political representation. section 61 the king, on being proclaimed before the cortes generales, will swear to faithfully carry out his duties, to obey the constitution and the laws and ensure that they are obeyed, and to respect the rights of citizens and the self-governing communities. the crown prince, on coming of age, and the regent or regents, on assuming office, will swear the same oath as well as that of loyalty to the king. section 62 it is incumbent upon the king: to sanction and promulgate the laws. to summon and dissolve the cortes generales and to call for elections under the terms provided for in the constitution. to call for a referendum in the cases provided for in the constitution. to propose a candidate for president of the government and, as the case may be, appoint him or her or remove him or her from office, as provided in the constitution. to appoint and dismiss members of the government on the president of the government's proposal. to issue the decrees approved in the council of ministers, to confer civil and military positions and award honours and distinctions in conformity with the law. to be informed of the affairs of state and, for this purpose, to preside over the meetings of the council of ministers whenever, he sees fit, at the president of the government's request. to exercise supreme command of the armed forces. to exercise the right of clemency in accordance with the law, which may not authorize general pardons. to exercise the high patronage of the royal academies. section 63 the king accredits ambassadors and other diplomatic representatives. foreign representatives in spain are accredited before him. it is incumbent upon the king to express the state's assent to international commitments through treaties, in conformity with the constitution and the laws. it is incumbent upon the king, following authorization by the cortes generales, to declare war and to make peace. section 64 the king's acts shall be countersigned by the president of the government and, when appropriate, by the competent ministers. the nomination and appointment of the president of the government and the dissolution provided for under section 99, shall be countersigned by the speaker of the congress. the persons countersigning the king's acts shall be liable for them. section 65 the king receives an overall amount from the state budget for the maintenance of his family and household and distributes it freely. the king freely appoints and dismisses civil and military members of his household. part iii. the cortes generales chapter 1. houses of parliament section 66 the cortes generales represent the spanish people and shall consist of the congress and the senate. the cortes generales exercise the legislative power of the state and adopt its budget, control the action of the government and have the other competences assigned by the constitution. the cortes generales are inviolable. section 67 no one may be a member of both houses simultaneously, or be a representative in the assembly of a self-governing community and a member of congress at the same time. members of the cortes generales shall not be bound by any compulsory mandate. meetings of members of parliament which are held without having been called in the statutory manner, shall not be binding on the houses, and members may not exercise their functions nor enjoy their privileges. section 68 the congress shall consist of a minimum of three hundred and a maximum of four hundred members, elected by universal, free, equal, direct and secret suffrage, under the terms to be laid down by the law. the electoral constituency is the province. the cities of ceuta and melilla shall be represented by one member each. the total number of members shall be distributed in accordance with the law, each constituency being allotted a minimum initial representation and the remainder being distributed in proportion to the population. the election in each constituency shall be conducted on the basis of proportional representation. the congress is elected for four years. the term of office of members thereof ends four years after their election or on the day on which the congress is dissolved. all spaniards entitled to the full exercise of their political rights shall be electors and may be elected. the law shall recognize and the state shall facilitate the exercise of the right of vote by spaniards who are outside spanish territory. elections shall take place between thirty and sixty days after the end of the previous term of office. the congress so elected must be convened within twenty-five days following the holding of elections. section 69 the senate is the house of territorial representation. in each province, four senators shall be elected by the voters thereof by universal, free, equal, direct and secret suffrage, under the terms to be laid down by an organic act. in the insular provinces, each island or group of islands with a cabildo or insular council shall be a constituency for the purpose of electing senators; there shall be three senators for each of the major islands --gran canaria, mallorca and tenerife-and one for each of the following islands or groups of islands: ibiza-formentera, menorca, fuerteventura, gomera, hierro, lanzarote and la palma. the cities of ceuta and melilla shall elect two senators each. the self-governing communities shall, in addition, appoint one senator and a further senator for every million inhabitants in their respective territories. the appointment shall be incumbent upon the legislative assembly or, in default thereof, upon the selfgoverning community's highest corporate body as provided for by its statute which shall, in any case, guarantee adequate proportional representation. the senate is elected for four years. the senators' term of office shall end four years after their election or on the day on which the house is dissolved. section 70 the electoral act shall establish grounds for ineligibility and incompatibility for members of congress and senators, which shall in any case include those who are: members of the constitutional court. high officers of the state administration as laid down by law, with the exception of the members of the government. the defender of the people. magistrates, judges and public prosecutors when in office. professional soldiers and members of the security and police forces and corps in active service. members of the electoral commissions. the validity of the certificates of election and credentials of members of each house shall be subject to judicial control, under the terms to be laid down in the electoral act. section 71 members of congress and senators shall enjoy freedom of speech for opinions expressed in the exercise of their functions. during their term of office, members of congress and senators shall likewise enjoy freedom from arrest and may be arrested only in the event of flagrante delicto. they may be neither indicted nor tried without prior authorization of their respective house. in criminal proceedings brought against members of congress and senators, the competent court shall be the criminal section of the supreme court. members of congress and senators shall receive a salary to be determined by the respective house. section 72 the houses lay down their own standing orders, adopt their budgets autonomously and, by common agreement, regulate the personnel statute of the cortes generales. the standing orders and their reform shall be subject to a final vote over the whole text, which shall require the overall majority. the houses elect their respective speakers and the other members of their bureaus. joint sittings shall be presided over by the speaker of the congress and shall be governed by the standing orders of the cortes generales approved by the overall majority of members of each house. the speakers of the houses shall exercise on their behalf all administrative powers and disciplinary functions within its premises. section 73 the houses shall meet annually for two ordinary periods of sessions: the first from september to december, and the second from february to june. the houses may meet in extraordinary sessions at the request of the government, of the permanent deputation or of the overall majority of members of either of the two houses. extraordinary sessions must be convened with a specific agenda and shall be adjourned once this has been dealt with. section 74 the houses shall meet in joint session in order to exercise the non-legislative powers expressly conferred upon the cortes generales by part ii. the decisions of the cortes generales specified in sections 94(1), 145(2) and 158(2) shall be taken by a majority vote of each of the houses. in the first case, the procedure shall be initiated by the congress, and in the remaining two by the senate. in any case, if an agreement is not reached between the senate and the congress, an attempt to reach agreement shall be made by a mixed committee consisting of an equal number of members of congress and senators. the committee shall submit a text which shall be voted on by both houses. if this is not approved in the established manner, the congress shall decide by overall majority. section 75 the houses shall convene in plenary sittings and in committees. the houses may delegate to standing legislative committees the approval of government or non-governmental bills. however, the plenary sitting may at any time demand that any government or non-governmental bill that has been so delegated be debated and voted upon by the plenary itself. excluded from the provisions of the foregoing paragraph are constitutional reform, international affairs, organic and basic acts and the budget. section 76 the congress and the senate and, when appropriate, both houses jointly, may appoint enquiry committees on any matter of public interest. their conclusions shall not be binding on the courts, nor shall they affect judicial decisions, but the results of investigations may be referred to the public prosecutor for the exercise of appropriate action whenever necessary. it shall be compulsory to appear when summoned by the houses. the law shall regulate penalties to be imposed for failure to comply with this obligation. section 77 the houses may receive individual and collective petitions, always in writing; direct submission by citizens' demonstrations is prohibited. the houses may refer such petitions to the government. the government shall provide an explanation regarding their content, when required to do so by the houses. section 78 in each house there shall be a permanent deputation (diputaciã³n permanente) consisting of a minimum of twenty-one members who shall represent the parliamentary groups in proportion to their numerical importance. the permanent deputation shall be presided over by the speaker of the respective house and their functions shall be that provided in section 73, that of assuming the powers of the houses in accordance with sections 86 and 116 in case that the latter have been dissolved or their terms have expired, and that of safeguarding the powers of the houses when they are not in session. on the expiration of the term or in case of dissolution, the permanent deputations shall continue to exercise their functions until the constitution of the new cortes generales. when the house concerned meets, the permanent deputation shall report on the matters dealt with and on its decisions. section 79 in order to adopt agreements, the houses must meet in statutory manner, with the majority of their members present. in order to be valid, such agreements must be approved by the majority of the members present, without prejudice to the special majorities that may be required by the constitution or the organic acts and those which are provided for by the standing orders of the houses for the election of persons. the vote of senators and members of congress shall be personal and may not be delegated. section 80 plenary meetings of the houses shall be public, except when otherwise decided by each house by overall majority, or in accordance with the standing orders. chapter 2. drafting of bills section 81 organic acts are those relating to the implementation of fundamental rights and public freedoms, those approving the statutes of autonomy and the general electoral system and other laws provided for in the constitution. the approval, amendment or repeal of organic acts shall require the overall majority of the members of congress in a final vote on the bill as a whole. section 82 the cortes generales may delegate to the government the power to issue rules with the force of an act of the parliament on specific matters not included in the foregoing section. legislative delegation must be granted by means of act of basic principles when its purpose is to draw up texts in sections, or by an ordinary act when it is a matter of consolidating several legal statutes into one. legislative delegation must be expressly granted to the government for a concrete matter and with a fixed time limit for its exercise. the delegation shall expire when the government has made use of it through the publication of the corresponding regulation. it may not be construed as having been granted implicitly or for an indeterminate period. nor shall sub-delegation to authorities other than the government itself be authorized. acts of basic principles shall define precisely the purpose and scope of legislative delegation, as well as the principles and criteria to be followed in its exercise. authorization for consolidating legal texts shall determine the legislative scope implicit in the delegation, specifying if it is restricted to the mere drafting of a single text or whether it includes regulating, clarifying and harmonizing the legal statutes to be consolidated. the acts of delegation may provide for additional control devices in each case, without prejudice to the jurisdiction of the courts. section 83 the acts of basic principles may in no case: authorize the modification of the act itself. grant power to enact retroactive regulations. section 84 in the event that a non-governmental bill or an amendment is contrary to a currently valid legislative delegation, the government may oppose its processing. in this case, a nongovernmental bill may be submitted for the total or partial repeal of the delegation act. section 85 government provisions containing delegated legislation shall bear the title of "legislative decrees". section 86 in case of extraordinary and urgent need, the government may issue temporary legislative provisions which shall take the form of decree-laws and which may not affect the legal system of the basic state institutions, the rights, duties and freedoms of the citizens contained in part 1, the system of self-governing communities, or the general electoral law. decree-laws must be immediately submitted for debate and voting by the entire congress, which must be summoned for this purpose if not already in session, within thirty days of their promulgation. the congress shall adopt an specific decision on their ratification or repeal in the said period, for which purpose the standing orders shall contemplate a special summary procedure. during the period referred to in the foregoing subsection, the cortes may process them as government bills by means of the urgency procedure. section 87 legislative initiative belongs to the government, the congress and the senate, in accordance with the constitution and the standing orders of the houses. the assemblies of self-governing communities may request the government to adopt a bill or may refer a non-governmental bill to the bureau of congress and delegate a maximum of three assembly members to defend it. an organic act shall lay down the manner and the requirements of the popular initiative for submission of non-governmental bills. in any case, no less than 500.000 authenticated signatures shall be required. this initiative shall not be allowed on matters concerning organic acts, taxation, international affairs or the prerogative of pardon. section 88 government bills shall be approved by the council of ministers which shall refer them to the congress, attaching a statement setting forth the necessary grounds and facts to reach a decision thereon. section 89 the reading of non-governmental bills shall be regulated by the standing orders of the houses in such a way that the priority attached to government bills shall not prevent the exercise of the right to propose legislation under the terms laid down in section 87. non-governmental bills which, in accordance with section 87, are taken under consideration in the senate, shall be referred to the congress for reading. section 90 an organic act shall lay down the terms and procedures for the different kinds of referendum provided for in this constitution. within two months after receiving the text, the senate may, by a message stating the reasons for it, adopt a veto or approve amendments thereto. the veto must be adopted by overall majority. the bill may not be submitted to the king for assent unless, in the event of veto, the congress has ratified the initial text by overall majority or by single majority if two months have elapsed since its introduction, or has reached a decision as to the amendments, accepting them or not by single majority. the period of two months allowed to the senate for vetoing or amending a bill shall be reduced to twenty calendar days for bills declared by the government or by the congress to be urgent. section 91 the king shall, within a period of fifteen days, give his assent to bills drafted by the cortes generales, and shall promulgate them and order their publication forthwith. section 92 political decisions of special importance may be submitted to all citizens in a consultative referendum. the referendum shall be called by the king on the president of the government's proposal after previous authorization by the congress. an organic act shall lay down the terms and procedures for the different kinds of referendum provided for in this constitution. chapter 3. international treaties section 93 authorization may be granted by an organic act for concluding treaties by which powers derived from the constitution shall be transferred to an international organization or institution. it is incumbent on the cortes generales or the government, as the case may be, to ensure compliance with these treaties and with resolutions originating in the international and supranational organizations to which such powers have been so transferred. section 94 the giving of the consent of the state to enter any commitment by means of treaty or agreement, shall require prior authorization of the cortes generales in the following cases: treaties of a political nature. treaties or agreements of a military nature. treaties or agreements affecting the territorial integrity of the state or the fundamental rights and duties established under part 1. treaties or agreements which imply financial liabilities for the public treasury. treaties or agreements which involve amendment or repeal of some law or require legislative measures for their execution. the congress and the senate shall be informed forthwith of the conclusion of any other treaties or agreements. section 95 the conclusion of an international treaty containing stipulations contrary to the constitution shall require prior constitutional amendment. the government or either house may request the constitutional court to declare whether or not such a contradiction exists. section 96 validly concluded international treaties, once officially published in spain, shall be part of the internal legal system. their provisions may only be repealed, amended or suspended in the manner provided for in the treaties themselves or in accordance with the general rules of international law. the procedure provided for in section 94 for entering into international treaties and agreements shall be used for denouncing them. part iv. government and administration section 97 the government shall conduct domestic and foreign policy, civil and military administration and the defence of the state. it exercises executive authority and the power of statutory regulations in accordance with the constitution and the laws. section 98 the government shall consist of the president, vice-presidents, when appropriate, ministers and other members as may be created by law. the president shall direct the governments' action and coordinate the functions of the other members thereof, without prejudice to the competence and direct responsibility of the latter in the discharge of their duties. members of the government may not perform representative functions other than those derived from their parliamentary mandate, nor any other public function not deriving from their office, nor engage in any professional or commercial activity whatsoever. the status and incompatibilities of members of the government shall be laid down by law. section 99 after each renewal of the congress and in the other cases provided for under the constitution, the king shall, after consultation with the representatives appointed by the political groups with parliamentary representation, and through the speaker of the congress, nominate a candidate for the presidency of the government. the candidate nominated in accordance with the provisions of the foregoing subsection shall submit to the congress the political programme of the government he or she intends to form and shall seek the confidence of the house. if the congress, by vote of the overall majority of its members, grants to said candidate its confidence, the king shall appoint him or her president. if overall majority is not obtained, the same proposal shall be submitted for a fresh vote forty-eight hours after the previous vote, and confidence shall be deemed to have been secured if granted by single majority. if, after this vote, confidence for the investiture has not been obtained, successive proposals shall be voted upon in the manner provided for in the foregoing paragraphs. if within two months of the first vote for investiture no candidate has obtained the confidence of the congress, the king shall dissolve both houses and call for new elections, with the countersignature of the speaker of the congress. section 100 the other members of the government shall be appointed and dismissed by the king at the president's proposal. section 101 the government shall resign after the holding of general elections, in the event of loss of parliamentary confidence as provided in the constitution, or on the resignation or death of the president. the outgoing government shall continue as acting body until the new government takes office. section 102 the president and other members of the government shall be held criminally liable, should the occasion arise, before the criminal section of the supreme court. if the charge were treason or any offence against the security of the state committed in the discharge of office, it may only be brought against them on the initiative of one quarter of members of congress and with the approval of the overall majority thereof. the royal prerogative of pardon shall not apply any of the cases provided for under the present section. section 103 the public administration shall serve the general interest in a spirit of objectivity and shall act in accordance with the principles of efficiency, hierarchy, decentralization, deconcentration and coordination, and in full subordination to the law. the organs of state administration are set up, directed and coordinated in accordance with the law. the law shall lay down the status of civil servants, the entry into the civil service in accordance with the principles of merit and ability, the special features of the exercise of their right to union membership, the system of incompatibilities and the guarantees regarding impartiality in the discharge of their duties. section 104 the security forces and corps serving under the government shall have the duty to protect the free exercise of rights and freedoms and to guarantee the safety of citizens. an organic act shall specify the duties, basic principles of action and statutes of the security forces and corps. section 105 the law shall make provision for: the hearing of citizens, directly, or through the organizations and associations recognized by the law, in the process of drawing up the administrative provisions which affect them. the access of citizens to administrative files and records, except to the extent that they may concern the security and defence of the state, the investigation of crimes and the privacy of persons. the procedures for the taking of administrative action, with due safeguards for the hearing of interested parties when appropriate. section 106 the courts shall check the power to issue regulations and ensure that the rule of law prevails in administrative action, and that the latter is subordinated to the ends which justify it. private individuals shall, under the terms laid down by law, be entitled to compensation for any harm they may suffer in any of their property and rights, except in cases of force majeure, whenever such harm is the result of the operation of public services. section 107 the council of state is the supreme consultative body of the government. an organic act shall make provision for its membership and its terms of reference. part v. relations between the government and the cortes generales section 108 the government is jointly accountable before the congress for its conduct of political business. section 109 the houses and their committees may, through their respective speaker, request any kind of information and help they may need from the government and government departments and from any authorities of the state and selfgoverning communities. section 110 the houses and their committees may summon members of the government. members of the government are entitled to attend meetings of the houses and their committees and to be heard in them and may request that officials from their departments are allowed to report to them. section 111 the government and each of its members are subject to interpellations and questions put to them in the houses. the standing orders shall set aside a minimum weekly time for this type of debate. any interpellation may give rise to a motion in which the house states its position. section 112 the president of the government, after deliberation by the council of ministers, may ask the congress for a vote of confidence in favour of his or her programme or of a general policy statement. confidence shall be deemed to have been obtained when a single majority of the members of congress vote in favour. section 113 the congress may require political responsibility from the government by adopting a motion of censure by overall majority of its members. the motion of censure must be proposed by at least one tenth of the members of congress and shall include a candidate for the office of the presidency of the government. the motion of censure may not be voted until five days after it has been submitted. during the first two days of this period, alternative motions may be submitted. if the motion of censure is not adopted by the congress, its signatories may not submit another during the same period of sessions. section 114 if the congress withholds its confidence from the government, the latter shall submit its resignation to the king, whereafter the president of the government shall be nominated in accordance with the provisions of section 99. if the congress adopts a motion of censure, the government shall submit its resignation to the king, and the candidate proposed in the motion of censure shall be deemed to have the confidence of the house for the purposes provided in section 99. the king shall appoint him or her president of the government. section 115 the president of the government, after deliberation by the council of ministers, and under his or her sole responsibility, may propose the dissolution of the congress, the senate or the cortes generales, which shall be proclaimed by the king. the decree of dissolution shall set a date for the elections. the proposal for dissolution may not be submitted while a motion of censure is pending. there shall be no further dissolution until a year has elapsed since the previous one, except as provided for in section 99, subsection 5. section 116 an organic act shall make provision for the states of alarm, emergency and siege (martial law) and the powers and restrictions attached to each of them. a state of alarm shall be proclaimed by the government, by means of a decree agreed in council of ministers, for a maximum period of fifteen days. the congress shall be informed and must meet immediately, and without its authorization the said period may not be extended. the decree shall specify the territory to which the effects of the proclamation apply. a state of emergency shall be proclaimed by the government by decree agreed in council of ministers, after prior authorization by the congress. the authorization for and proclamation of a state of emergency must specifically state the effects thereof, the territory to which it is to apply and its duration, which may not exceed thirty days, subject to extension for a further thirty-day period, with the same requirements. a state of siege (martial law) shall be proclaimed by overall majority of congress solely on the government's proposal. congress shall determine its territorial extension, duration and terms. the congress may not be dissolved while any of the states referred to in the present section remains in force, and if the houses are not in session, they shall be automatically convened. their functioning, as well as that of the other constitutional state authorities, may not be interrupted while any of these states is in force. if, in the event that the congress has been dissolved or its term has expired, a situation giving rise to any of these states should occur, the powers of the congress shall be assumed by its permanent deputation. proclamation of states of alarm, emergency and siege shall not affect the principle of liability of the government or its agents as recognized in the constitution and the laws. part vi. judicial power section 117 justice emanates from the people and is administered on behalf of the king by judges and magistrates members of the judicial power who shall be independent, shall have fixity of tenure, shall be accountable for their acts and subject only to the rule of law. judges and magistrates may only be dismissed, suspended, transferred or retired on the grounds and subject to the safeguards provided for by the law. the exercise of judicial authority in any kind of action, both in ruling and having judgments executed, is vested exclusively in the courts and tribunals laid down by the law, in accordance with the rules of jurisdiction and procedure which may be established therein. judges and courts shall not exercise any powers other than those indicated in the foregoing subsection and those which are expressly allocated to them by law as a guarantee of any right. the principle of jurisdictional unity is the basis of the organization and operation of the courts. the law shall make provision for the exercise of military jurisdiction strictly within military framework and in cases of state of siege (martial law), in accordance with the principles of the constitution. courts of exception are prohibited. section 118 it is compulsory to comply with sentences and other final resolutions of judges and courts, as well as to pay them such assistance as they may require in the course of trials and for the execution of judgments. section 119 justice shall be free when thus provided for by law, and shall in any case be so in respect of those who have insufficient means to sue in court. section 120 judicial proceedings shall be public, with the exceptions contemplated in the laws on procedure. proceedings shall be predominantly oral, especially in criminal cases. judgments shall always specify the grounds therefore, and they shall be delivered in a public hearing. section 121 damages caused by judicial error as well as those arising from irregularities in the administration of justice shall give rise to a right to compensation by the state, in accordance with the law. section 122 the organic act of the judicial power shall make provision for the setting up, operation and internal administration of courts and tribunals as well as for the legal status of professional judges and magistrates, who shall form a single body, and of the staff serving in the administration of justice. the general council of the judicial power is its governing body. an organic act shall lay down its status and the system of incompatibilities applicable to its members and their functions, especially in connection with appointments, promotions, inspection and the disciplinary system. the general council of the judicial power shall consist of the president of the supreme court, who shall preside it, and of twenty members appointed by the king for a five-year period, of which twelve shall be judges and magistrates of all judicial categories, under the terms provided for by the organic act; four nominated by the congress and four by the senate, elected in both cases by three-fifths of their members amongst lawyers and other jurists of acknowledged competence with more than fifteen years of professional practice. section 123 the supreme court, with jurisdiction over the whole of spain, is the highest judicial body in all branches of justice, except with regard to provisions concerning constitutional guarantees. the president of the supreme court shall be appointed by the king, on the general council of the judicial power proposal in the manner to be laid down by the law. section 124 the office of public prosecutor, without prejudice to functions entrusted to other bodies, has the task of promoting the operation of justice in the defence of the rule of law, of citizens' rights and of the public interest as safeguarded by the law, whether ex officio or at the request of interested parties, as well as that of protecting the independence of the courts and securing before them the satisfaction of social interest. the office of public prosecutor shall discharge its duties through its own bodies in accordance with the principles of unity of operation and hierarchical subordination, subject in all cases to the principles of the rule of law and of impartiality. the organic statute of the office of the public prosecutor shall be laid down by law. the state's public prosecutor shall be appointed by the king on the government's proposal after consultation with the general council of the judicial power. section 125 citizens may engage in popular action and take part in the administration of justice through the institution of the jury, in the manner and with respect to those criminal trials as may be determined by law, as well as in customary and traditional courts. section 126 the judicial police shall report to the judges, the courts and the public prosecutor when discharging their duties of crime investigation and the discovery and arrest of offenders, under the terms to be laid down by the law. section 127 judges and magistrates as well as public prosecutors, whilst actively in office, may not hold other public office nor belong to political parties or unions. the law shall make provision for the system and methods of professional association for judges, magistrates and prosecutors. the law shall make provision for the system of incompatibilities for members of the judicial power, which must ensure their total independence. part vii. economy and finance section 128 the entire wealth of the country in its different forms, irrespective of ownership, shall be subordinated to the general interest. public initiative in economic activity is recognized. essential resources or services may be reserved by law to the public sector especially in the case of monopolies. likewise, state intervention in companies may be imposed when the public interest so demands. section 129 the law shall establish the forms of participation of the persons concerned in social security and in the activities of those public bodies whose operation directly affects quality of life or general welfare. the public authorities shall efficiently promote the various forms of participation in the enterprise and shall encourage cooperative societies by means of appropriate legislation. they shall also establish means to facilitate access by workers to ownership of the means of production. section 130 the public authorities shall promote the modernization and development of all economic sectors and, in particular, of agriculture, livestock raising, fishing and handicrafts, in order to bring the standard of living of all spaniards up to the same level. for the same purpose, special treatment shall be given to mountain areas. section 131 the state shall be empowered to plan general economic activity by an act in order to meet collective needs, to balance and harmonize regional and sectorial development and to stimulate the growth of income and wealth and their more equitable distribution. the government shall draft planning projects in accordance with forecasts supplied by self-governing communities and with the advice and cooperation of unions and other professional, employers' and financial organizations. a council shall be set up for this purpose, whose membership and duties shall be laid down by the law. section 132 the law shall lay down the rules governing public and communal property, on the basis that it shall be inalienable, exempt from prescription and cannot be attached under any circumstances, and it shall also provide for the case of disaffectation from public purpose. the goods of the state's public property shall be that established by law and shall, in any case, include the foreshore beaches, territorial waters and the natural resources of the exclusive economic zone and the continental shelf. the state's domain and the national heritage, as well as their administration, protection and preservation, shall be regulated by law. section 133 the primary power to raise taxes is vested exclusively in the state by means of law. self-governing communities and local corporations may impose and levy taxes, in accordance with the constitution and the laws. any fiscal benefit affecting state taxes must be established by virtue of law. public administrations may only contract financial liabilities and incur expenditures in accordance with the law. section 134 it is incumbent upon the government to draft the state budget and upon the cortes generales to examine, amend and adopt it. the state budget shall be drafted annually and shall include the entire expenditure and income of the state public sector and a specific mention shall be made of the amount of the fiscal benefits affecting state taxes. the government must submit the draft state budget to the congress at least three months before the expiration of that of the previous year. if the budget bill is not passed before the first day of the corresponding financial year, the budget of the previous financial year shall be automatically extended until the new one is approved. once the budget bill has been adopted, the government may submit bills involving increases in public expenditure or decreases in the revenue corresponding to the same financial year. any non-governmental bill or amendment which involves an increase in appropriations or a decrease in budget revenue shall require previous approval by the government before its passage. the budget act may not establish new taxes. it may modify them, wherever a tax law of a substantive nature so provides. section 135 all public administrations will conform to the principle of budgetary stability. the state and the self-governing communities may not incur a structural deficit that exceeds the limits established by the european union for their member states. an organic act shall determine the maximum structural deficit the state and the self-governing communities may have, in relation to its gross domestic product. local authorities must submit a balanced budget. the state and the self-governing communities must be authorized by act in order to issue public debt bonds or to contract loans. loans to meet payment on the interest and capital of the stateâ��s public debt shall always be deemed to be included in budget expenditure and their payment shall have absolute priority. these appropriations may not be subject to amendment or modification as long as they conform to the terms of issue. the volume of public debt of all the public administrations in relation to the stateâ�� gross domestic product may not exceed the benchmark laid down by the treaty on the functioning of the european union. the limits of the structural deficit and public debt volume may be exceeded only in case of natural disasters, economic recession or extraordinary emergency situations that are beyond the control of the state and significantly impair either the financial situation or the economic or social sustainability of the state, as appreciated by an absolute majority of the members of the congress of deputies. an organic act shall develop the principles referred to in this article, as well as participation in the respective procedures of the organs of institutional coordination between government fiscal policy and financial support. in any case, the organic act shall address: the distribution of the limits of deficit and debt among the different public administrations, the exceptional circumstances to overcome them and the manner and time in which to correct the deviations on each other. the methodology and procedure for calculating the structural deficit. the responsibility of each public administration in case of breach of budgetary stability objectives. the self-governing communities, in accordance with their respective laws and within the limits referred to in this article, shall take the appropriate procedures for effective implementation of the principle of stability in their rules and budgetary decisions. section 136 the auditing court is the supreme body charged with auditing the state's accounts and financial management, as well as those of the public sector. it shall be directly accountable to the cortes generales and shall discharge its duties by delegation of the same when examining and verifying the general state accounts. the state accounts and those of the state's public sector shall be submitted to the auditing court and shall be audited by the latter. the auditing court, without prejudice to its own jurisdiction, shall send an annual report to the cortes generales informing them, where applicable, of any infringements that may, in its opinion, have been committed, or any liabilities that may have been incurred. members of the auditing court shall enjoy the same independence and fixity of tenure and shall be subject to the same incompatibilities as judges. an organic act shall make provision for membership, organization and duties of the auditing court. part viii. territorial organization of the state chapter 1. general principles section 137 the state is organized territorially into municipalities, provinces and the selfgoverning communities that may be constituted. all these bodies shall enjoy selfgovernment for the management of their respective interests. section 138 the state guarantees the effective implementation of the principle of solidarity proclaimed in section 2 of the constitution, by endeavouring to establish a fair and adequate economic balance between the different areas of the spanish territory and taking into special consideration the circumstances pertaining to those which are islands. differences between statutes of the different self-governing communities may in no case imply economic or social privileges. section 139 all spaniards have the same rights and obligations in any part of the state territory. no authority may adopt measures which directly or indirectly hinder freedom of movement and settlement of persons and free movement of goods throughout the spanish territory. chapter 2. local government section 140 the constitution guarantees the autonomy of municipalities. these shall enjoy full legal personality. their government and administration shall be vested in their town councils, consisting of mayors and councillors. councillors shall be elected by residents of the municipality by universal, equal, free, direct and secret suffrage, in the manner provided for by the law. the mayors shall be elected by the councillors or by the residents. the law shall lay down the terms under which an open council of all residents may proceed. section 141 the province is a local entity, with its own legal personality, arising from the grouping of municipalities, and a territorial division designed to carry out the activities of the state. any alteration of provincial boundaries must be approved by the cortes generales in an organic act. the government and autonomous administration of the provinces shall be entrusted to provincial councils (diputaciones) or other corporations that must be representative in character. groups of municipalities other than provinces may be formed. in the archipelagos, each island shall also have its own administration in the form of cabildo or insular council. section 142 local treasuries must have sufficient funds available in order to perform the tasks assigned by law to the respective corporations, and shall mainly be financed by their own taxation as well as by their share of state taxes and those of selfgoverning communities. chapter 3. self-governing communities section 143 in the exercise of the right to self-government recognized in section 2 of the constitution, ordering provinces with common historic, cultural and economic characteristics, insular territories and provinces with a historic regional status may accede to self-government and form self-governing communities (comunidades autã³nomas) in conformity with the provisions contained in this part and in the respective statutes. the right to initiate the process towards self-government lies with all the provincial councils concerned or with the corresponding inter-island body and with two thirds of the municipalities whose population represents at least the majority of the electorate of ach province or island. these requirements must be met within six months from the initial agreement reached to this aim by any of the local corporations concerned. if this initiative is not successful, it may be repeated only after five years have elapsed. section 144 the cortes generales may, in the national interest, and by an organic act: authorize the setting-up of a self-governing community, where its territory does not exceed that of a province and does not possess the characteristics outlined in section 143, paragraph 1. authorize or grant, as the case may be, a statute of autonomy to territories which are not integrated into the provincial organization. take over the initiative of the local corporations referred to in section 143, paragraph 2. section 145 under no circumstances shall a federation of self-governing communities be allowed. statutes of autonomy may provide for the circumstances, requirements and terms under which self-governing communities may reach agreements among themselves for the management and rendering of services in matters pertaining to them, as well as for the nature and effects of the corresponding notification to be sent to the cortes generales. in all other cases, cooperation agreements among self-governing communities shall require authorization by the cortes generales. section 146 the draft statute of autonomy shall be drawn up by an assembly consisting of members of the provincial council or inter-island body of the provinces concerned, and the respective members of congress and senators elected in them, and shall be sent to the cortes generales for its drafting as an act. section 147 within the terms of the present constitution, statutes of autonomy shall be the basic institutional rule of each self-governing community and the state shall recognize and protect them as an integral part of its legal system. the statutes of autonomy must contain: the name of the community which best corresponds to its historic identity. its territorial boundaries. the name, organization and seat of its own autonomous institutions. the powers assumed within the framework laid down by the constitution and the basic rules for the transfer of the corresponding services. amendment of statutes of autonomy shall conform to the procedure established therein and shall in any case require approval of the cortes generales through an organic act. section 148 the self-governing communities may assume competences over the following matters: organization of their institutions of self-government. changes in municipal boundaries within their territory and, in general, functions appertaining to the state administration regarding local corporations, whose transfer may be authorized by legislation on local government. town and country planning and housing. public works of interest to the self-governing community, within its own territory. railways and roads whose routes lie exclusively within the territory of the selfgoverning community and transport by the above means or by cable fulfilling the same conditions. ports of haven, recreational ports and airports and, in general, those which are not engaged in commercial activities. agriculture and livestock raising, in accordance with general economic planning. woodlands and forestry. management of environmental protection. planning, construction and exploitation of hydraulic projects, canals and irrigation of interest to the self-governing community; mineral and thermal waters. inland water fishing, shellfish industry and fishfarming, hunting and river fishing. local fairs. promotion of economic development of the self-governing community within the objectives set by national economic policy. handicrafts. museums, libraries and music conservatories of interest to the self-governing community. the self-governing community's monuments of interest. the promotion of culture and research and, where applicable, the teaching of the selfgoverning community's language. the promotion and planning of tourism within its territorial area. the promotion of sports and the proper use of leisure. social assistance. health and hygiene. the supervision and protection of its buildings and installations. coordination and other powers relating to local police forces under the terms to be laid down by an organic act. after five years, the self-governing communities may, by amendment of their statutes of autonomy, progressively enlarge their powers within the framework laid down in section 149. section 149 the state shall have exclusive competence over the following matters: regulation of basic conditions guaranteeing the equality of all spaniards in the exercise of their rights and in the fulfilment of their constitutional duties. nationality, immigration, emigration, status of aliens, and right of asylum. international relations. defence and the armed forces. administration of justice. commercial, criminal and penitentiary legislation; procedural legislation, without prejudice to the necessary specialities in these fields arising from the peculiar features of the substantive law of the self-governing communities. labour legislation, without prejudice to its execution by bodies of the selfgoverning communities. civil legislation, without prejudice to the preservation, modification and development by the self-governing communities of their civil law, foral or special, whenever these exist, and traditional charts. in any event rules for the application and effectiveness of legal provisions, civil relations arising from the forms of marriage, keeping of records and drawing up to public instruments, bases of contractual liability, rules for resolving conflicts of law and determination of the sources of law in conformity, in this last case, with the rules of traditional charts or with those of foral or special laws. legislation on copyright and industrial property. customs and tariff regulations; foreign trade. monetary system: foreign currency, exchange and convertibility; bases for the regulations concerning credit, banking and insurance. legislation on weights and measures and determination of the official time. basic rules and coordination of general economic planning. general financial affairs and state debt. promotion and general coordination of scientific and technical research. external health measures; basic conditions and general coordination of health matters; legislation on pharmaceutical products. basic legislation and financial system of social security, without prejudice to implementation of its services by the self-governing communities. basic rules of the legal system of public administrations and the status of their officials which shall, in any case, guarantee that all persons under said administrations will receive equal treatment; the common administrative procedure, without prejudice to the special features of the self-governing communities' own organizations; legislation on compulsory expropriation; basic legislation on contracts and administrative concessions and the system of liability of all public administrations. sea fishing, without prejudice to the powers which, in regulations governing this sector, may be vested to the self-governing communities. merchant navy and registering of ships; lighting of coasts and signals at sea; general interest ports; general-interest airports; control of the air space, air traffic and transport; meteorological services and aircraft registration. railways and land transport crossing through the territory of more than one selfgoverning community; general system of communications; motor vehicle traffic; post office services and telecommunications; air and underwater cables and radio communications. legislation, regulation and concession of hydraulic resources and development where the water-streams flow through more than one self-governing community, and authorization for hydro-electrical power plants whenever their operation affects other communities or the lines of energy transportation are extended over other communities. basic legislation on environmental protection, without prejudice to powers of the self-governing communities to take additional protective measures; basic legislation on woodlands, forestry and cattle trails. public works of general benefit or whose execution affects more than one selfgoverning community. basic regulation of mining and energy. manufacturing, sale, possession and use of arms and explosives. basic rules relating to organization of the press, radio and television and, in general, all mass-communications media without prejudice to powers vested in the selfgoverning communities for their development and implementation. protection of spain's cultural and artistic heritage and national monuments against exportation and spoliation; museums, libraries, and archives belonging to the state, without prejudice to their management by the self-governing communities. public safety, without prejudice to the possibility of creation of police forces by the self-governing communities, in the manner to be provided for in their respective statutes of autonomy and within the framework to be laid down by an organic act. regulation of the requirements for obtention, issue and standardization of academic degrees and professional qualifications and basic rules for implementation of section 27 of the constitution, in order to guarantee the fulfilment of the duties of public authorities in this matter. statistics for state purposes. authorization of popular consultations through the holding of referendums. without prejudice to the competences that may be assumed by the self-governing communities, the state shall consider the promotion of culture a duty and an essential function and shall facilitate cultural communication among the self-governing communities, in cooperation with them. matters not expressly assigned to the state by this constitution may fall under the jurisdiction of the self-governing communities by virtue of their statutes of autonomy. jurisdiction on matters not claimed by statutes of autonomy shall fall with the state, whose laws shall prevail, in case of conflict, over those of the self-governing communities regarding all matters in which exclusive jurisdiction has not been conferred upon the latter. state law shall in any case be suppletory of that of the self-governing communities. section 150 the cortes generales, in matters of state jurisdiction, may confer upon all or any of the self-governing communities the power to pass legislation for themselves within the framework of the principles, bases and guidelines laid down by a state act. without prejudice to the jurisdiction of the courts, each enabling act shall make provision for the method of supervision by the cortes generales over the communities' legislation. the state may transfer or delegate to the self-governing communities, through an organic act, some of its powers which by their very nature can be transferred or delegated. the law shall, in each case, provide for the appropriate transfer of financial means, as well as specify the forms of control to be retained by the state. the state may enact laws laying down the necessary principles for harmonizing the rulemaking provisions of the self-governing communities, even in the case of matters over which jurisdiction has been vested to the latter, where this is necessary in the general interest. it is incumbent upon the cortes generales, by overall majority of the members of each house, to evaluate this necessity. section 151 it shall not be necessary to wait for the five-year period referred to in section 148, subsection 2, to elapse when the initiative for the autonomy process is agreed upon within the time limit specified in section 143, subsection 2, not only by the corresponding provincial councils or inter-island bodies but also by three-quarters of the municipalities of each province concerned, representing at least the majority of the electorate of each one, and said initiative is ratified in a referendum by the overall majority of electors in each province, under the terms to be laid down by an organic act. in the case referred to in the foregoing paragraph, procedure for drafting the statute of autonomy shall be as follows: the government shall convene all members of congress and senators elected in the constituencies of the territory seeking self-government, in order that they may set themselves up as an assembly for the sole purpose of drawing up a statute of autonomy, to be adopted by the overall majority of its members. once the draft statute has been passed by the parliamentarians' assembly, it is to be sent to the constitutional committee of the congress which shall examine it within two months with the cooperation and assistance of a delegation from the assembly which has proposed it, in order to decide by common agreement upon its final form. if such agreement is reached, the resulting text shall be submitted in a referendum to the electorate in the provinces within the territory to be covered by the proposed statute. if the draft statute is approved in each province by the majority of validly cast votes, it shall be referred to the cortes generales. each house, in plenary sitting, shall decide upon the text by means of a vote of ratification. once the statute been passed, the king shall give his assent and promulgate it as an act. if the agreement referred to in paragraph ii) of this subsection is not reached, the legislative process for the draft statute in the cortes generales shall be the same as that for a bill. the text passed by the latter shall be submitted to a referendum of the electorate of the provinces within the territory to be covered by the draft statute. in the event that it is approved by the majority of validly cast votes in each province, it shall be promulgated as provided in the foregoing paragraph. in the cases described in paragraphs iv) and v) of the foregoing subsection, failure by one or several of the provinces to ratify the draft statute shall not prevent constitution of the remaining provinces into a self-governing community in the manner to be provided for by the organic act contemplated in subsection 1 of this section. section 152 in the case of statutes passed by means of the procedure referred to in the foregoing section, the institutional self-government organization shall be based on a legislative assembly elected by universal suffrage under a system of proportional representation which shall also assure the representation of the various areas of the territory; an executive council with executive and administrative functions and a president elected by the assembly among its members and appointed by the king. the president shall assume leadership of the executive council, the supreme representation of the community and the state's ordinary representation in the latter. the president and the members of the executive council shall be politically accountable to the assembly. a high court of justice, without prejudice to the jurisdiction of the supreme court, shall be the head of judicial power in the territory of the self-governing community. the statutes of autonomy may make provision for the circumstances and the manner in which the community is to take part in the setting-up of the judicial districts of the territory. provided that they must conform to the provisions of the organic act on the judicial power and to the principles of unity and independence of the judicial power. without prejudice to the provisions of section 123, successive proceedings, if any, shall be held before judicial bodies located in the same territory of the self-governing community in which the court having jurisdiction in the first instance is located. once the statutes have received the royal assent and been promulgated, they may be amended only by the procedure provided for therein and a referendum of registered electors in the self-governing community. by grouping bordering municipalities together, the statutes may set up their own territorial constituencies which shall enjoy full legal personality. section 153 control over the bodies of the self-governing communities shall be exercised by: the constitutional court, in matters pertaining to the constitutionality of their regulatory provisions having the force of law. the government, after the handing down by the council of state of its opinion, regarding the exercise of delegated functions referred to in section 150, subsection 2. jurisdictional bodies of administrative litigation with regard to autonomic administration and its regulations. the auditing court, with regard to financial and budgetary matters. section 154 a delegate appointed by the government shall be responsible for the state administration in the territory of each self-governing community and shall coordinate it, when necessary, with the community's own administration. section 155 if a self-governing community does not fulfil the obligations imposed upon it by the constitution or other laws, or acts in a way that is seriously prejudicial to the general interest of spain, the government, after having lodged a complaint with the president of the self-governing community and failed to receive satisfaction therefore, may, following approval granted by the overall majority of the senate, take all measures necessary to compel the community to meet said obligations, or to protect the abovementioned general interest. with a view to implementing the measures provided for in the foregoing paragraph, the government may issue instructions to all the authorities of the selfgoverning communities. section 156 the self-governing communities shall enjoy financial autonomy for the development and exercise of their powers, in conformity with the principles of coordination with the state treasury and solidarity among all spaniards. the self-governing communities may act as delegates or agents of the state for the collection, management and assessment of the latter's tax resources, in conformity with the law and their statutes. section 157 the resources of the self-governing communities shall consist of: taxes wholly or partially made over to them by the state; surcharges on state taxes and other shares in state revenue. their own taxes, rates and special levies. transfers from an inter-territorial compensation fund and other allocations to be charged to the state budget. revenues accruing from their property and private law income. interest from loan operations. the self-governing communities may under no circumstances introduce measures to raise taxes on property located outside their territory or likely to hinder the free movement of goods or services. exercise of the financial powers set out in subsection 1 above, rules for settling the conflicts which may arise, and possible forms of financial cooperation between the selfgoverning communities and the state may be laid down by an organic act. section 158 an allocation may be made in the state budget to the self-governing communities in proportion to the amount of state services and activities for which they have assumed responsibility and to guarantee a minimum level of basic public services throughout spanish territory. with the aim of redressing interterritorial economic imbalances and implementing the principle of solidarity, a compensation fund shall be set up for investment expenditure, the resources of which shall be distributed by the cortes generales among the selfgoverning communities and provinces, as the case may be. part ix. the constitutional court section 159 the constitutional court shall consist of twelve members appointed by the king. of these, four shall be nominated by the congress by a majority of three-fifths of its members, four shall be nominated by the senate with the same majority, two shall be nominated by the government, and two by the general council of the judicial power. members of the constitutional court shall be appointed among magistrates and prosecutors, university professors, public officials and lawyers, all of whom must have a recognized standing with at least fifteen years' practice in their profession. members of the constitutional court shall be appointed for a period of nine years and shall be renewed by thirds every three years. membership of the constitutional court is incompatible with any position of a representative nature, any political or administrative office, a management position in a political party or a trade union as well as any employment in their service, active service as a judge or prosecutor and any professional or business activity whatsoever. incompatibilities for members of the judicial power shall also apply to members of the constitutional court. members of the constitutional court shall be independent and enjoy fixity of tenure during their term of office. section 160 the president of the constitutional court shall be appointed by the king among its members, on the proposal of the full court itself, for a term of three years. section 161 the constitutional court has jurisdiction over the whole spanish territory and is entitled to hear: against the alleged unconstitutionality of acts and statutes having the force of an act. a declaration of unconstitutionality of a legal provision having the force of an act and that has already been applied by the courts, shall also affect the case-law doctrine built up by the latter, but the decisions handed down shall not lose their status of res judicata. individual appeals for protection (recursos de amparo) against violation of the rights and freedoms contained in section 53(2) of the constitution, in the circumstances and manner to be laid down by law. conflicts of jurisdiction between the state and the self-governing communities or between the self-governing communities themselves. other matters assigned to it by the constitution or by organic acts. the government may appeal to the constitutional court against provisions and resolutions adopted by the bodies of the self-governing communities, which shall bring about the suspension of the contested provisions or resolutions, but the court must either ratify or lift the suspension, as the case may be, within a period of not more than five months. section 162 the following are entitled to: lodge an appeal of unconstitutionality: the president of the government, the defender of the people, fifty members of congress, fifty senators, the executive body of a self-governing community and, where applicable, its assembly. lodge an individual appeal for protection (recurso de amparo): any individual or body corporate with a legitimate interest, as well as the defender of the people and the public prosecutor's office. in all other cases, the organic act shall determine which persons and bodies shall have right of appeal to the court. section 163 if a judicial body considers, when hearing a case, that a regulation having the force of an act which is applicable thereto and upon the validity of which the judgment depends, might be contrary to the constitution, it may bring the matter before the constitutional court in the circumstances, manner and subject to the consequences to be laid down by law, which shall in no case have a suspensive effect. section 164 the judgments of the constitutional court shall be published in the official state gazette (boletã­n oficial del estado), with the dissenting opinions, if any. they have the force of res judicata from the day following their publication, and no appeal may be brought against them. those declaring the unconstitutionality of an act or of a statute with the force of an act and all those which are not limited to the acknowledgment of an individual right, shall be fully binding on all persons. unless the judgment rules otherwise, the part of the act not affected by unconstitutionality shall remain in force. section 165 an organic act shall make provision for the functioning of the constitutional court, the status of its members, the procedure to be followed before it, and the conditions governing actions brought before it. part x. constitutional amendment section 166 the right to propose a constitutional amendment shall be exercised under the provisions of section 87, subsections 1 and 2. section 167 bills on constitutional amendments must be approved by a majority of threefifths of members of each house. if there is no agreement between the houses, an effort to reach it shall be made by setting up a joint committee of an equal number of members of congress and senators which shall submit a text to be voted on by the congress and the senate. if approval is not obtained by means of the procedure outlined in the foregoing subsection, and provided that the text has been passed by the overall majority of the members of the senate, the congress may pass the amendment by a two-thirds vote in favour. once the amendment has been passed by the cortes generales, it shall be submitted to ratification by referendum, if so requested by one tenth of the members of either house within fifteen days after its passage. section 168 if a total revision of the constitution is proposed, or a partial revision thereof, affecting the introductory part, chapter ii, division 1 of part i, or part ii, the principle of the proposed reform shall be approved by a two-thirds majority of the members of each house, and the cortes generales shall immediately be dissolved. the houses elected thereupon must ratify the decision and proceed to examine the new constitutional text, which must be passed by a two-thirds majority of the members of each house. once the amendment has been passed by the cortes generales, it shall be submitted to ratification by referendum. section 169 the process of constitutional amendment may not be initiated in time of war or under any of the states contemplated in section 116. additional provisions one the constitution protects and respects the historic rights of the territories with traditional charts (fueros). the general updating of historic rights shall be carried out, where appropriate, within the framework of the constitution and of the statutes of autonomy. two the provision of section 12 of this constitution regarding the coming of age, shall not be prejudicial to cases in which traditional charts are applicable within the sphere of private law. three any change in the financial and tax system of the canary islands shall require a previous report from the self-governing community or, as the case may be, from the provisional selfgovernment body. four in self-governing communities where more than one court of appeal (audiencia territorial) holds jurisdiction, the statutes of autonomy may maintain the existing courts and share out jurisdiction among them, provided this is done in accordance with the provisions of the organic act on the judicial power and in conformity with the unity and independence of the latter. transitional provisions one in territories with a provisional self-government regime, their higher corporate bodies may, by means of a resolution adopted by the overall majority of their members, assume for themselves the initiative for autonomy which section 143, subsection 2, confers upon the provincial councils or corresponding inter-island bodies. two the territories which in the past have, by plebiscite, approved draft statutes of autonomy and which at the time of the promulgation of this constitution, have provisional self-government regimes, may proceed immediately in the manner contemplated in section 148, subsection 2, if agreement to do so is reached by the overall majority of their pre selfgovernment higher corporate bodies, and the government shall be duly informed. the draft statutes shall be drawn up in accordance with the provisions of section 151, subsection 2, where so requested by the pre self-government assembly. three the right to initiate the process towards self-government conferred on local authorities or their members, provided in section 143, subsection 2, shall be postponed for all purposes until the first local elections have taken place, once the constitution has come into force. four in the case of navarra, and for the purpose of its integration into the general basque council or into the autonomous basque institutions which may replace it, the procedure contemplated by section 143 of this constitution shall not apply. the initiative shall lie instead with the appropriate historic institution (ã³rgano foral), whose decision must be taken by the majority of its members. the initiative shall further require for its validity the ratification by a referendum expressly held to this end and approval by the majority of votes validly cast. if the initiative does not succeed, it may only be repeated during a further term of office of the competent foral body and, in any case, after the minimum period laid down in section 143 has elapsed. five the cities of ceuta and melilla may set themselves up as self-governing communities if their respective city councils so decide in a resolution adopted by the overall majority of their members and if the cortes generales so authorize them by an organic act, under section 144. six where several draft statutes are referred to the constitutional committee of the congress, they shall be considered in the order in which they are received. the two month period referred to in section 151 shall be counted from the moment in which the committee completes its study of the draft or of the drafts that it has successively examined. seven the provisional self-government bodies shall be considered to be dissolved in the following cases: once the bodies provided for by the statutes of autonomy passed in conformity with the constitution have been set up. in the event that the initiative for the obtention of autonomy status should not be successful for non-compliance with the requirements of section 143. if the relevant body has not exercised the right recognized in the first transitional provision within a period of three years. eight once the present constitution has come into force, the houses that have adopted it shall assume the functions and powers set out therein for the congress and the senate respectively. provided that under no circumstances shall their term of office continue beyond june 15, 1981. with regard to the provisions of section 99, the promulgation of the constitution shall be considered as creating the constitutional basis for the subsequent application of those provisions. to this end, there shall be a thirty day period, as from the date of the promulgation, for implementing the provisions contained in said section. during this period, the current president of the government assuming the functions and powers vested by the constitution for this office, may decide to use the authority conferred by section 115 or, through resignation, leave the way open for application of section 99. in the latter case, the situation as regards the president shall be that provided in subsection 2 of section 101. in the event of dissolution, in accordance with section 115, and if the provisions contained in sections 68 and 69 have not been enacted, the rules previously in force shall apply to the ensueing elections, except for causes of ineligibility and incompatibilities, to which section 70, subsection 1, paragraph b), of this constitution shall be directly applicable, as well as its provisions concerning voting age and those of section 69, subsection 3. nine three years after the election of the members of the constitutional court of the first tie, lots shall be drawn to choose a group of four members of the same electoral origin who are to resign and be replaced. the two members appointed following proposal by the government and the two appointed following proposal by the general council of the judicial power shall be considered as members of the same electoral origin exclusively for this purpose. after three years have elapsed, the same procedure shall be carried out with regard to the two groups not affected by the aforementioned drawing of lots. thereafter, the provisions contained in subsection 3 of section 159 shall apply. repeals act 1/1977, of january 4, for political reform, is hereby repealed, as well as the following, in so far as they were not already repealed by the above-mentioned act: the act of the fundamental principles of national movement of may 17, 1958; the chart of the spanish people (fuero de los espaã±oles) of july 17, 1945; the labour chart of march 9, 1938; the act of constitution of the cortes of july 17, 1942; the act of succession to the head of state of july 26, 1947, all of them as amended by the organic act of the state of january 10, 1967. the last mentioned act and that of the national referendum of october 22, 1945, are likewise repealed. to the extent that it may still retain some validity, the act of october 25, 1839 shall be definitively repealed in so far as it applies to the provinces of alava, guipãºzcoa and vizcaya. subject to the same terms, the act of july 21, 1876 shall be deemed to be definitively repealed. likewise, any provisions contrary to those contained in the constitution are hereby repealed. final provision this constitution shall come into force on the day of publication of its official text in the official state gazette (boletã­n oficial del estado). it shall also be published in the other languages of spain. preamble we, the people of cambodia being the heirs of a great civilization, a prosperous, powerful, large and glorious nation whose prestige radiated like a diamond; having endured suffering and destruction and having experienced a tragic decline in the course of last two decades; having awakened to stand up with resolute determination and commitment to strengthen our national unity, to preserve and defend cambodia's territory and its precious sovereignty and the prestige of angkor civilization, to build the nation up to again be an "island of peace" based on a liberal multi-party democratic system, to guarantee human rights and the respect of law, and to be responsible for progressively developing the prosperity and glory of our nation. with this resolute will we inscribe the following as the constitution of the kingdom of cambodia: chapter i. sovereignty article 1 cambodia is a kingdom in which the king shall rule according to the constitution and the principles of liberal multi-party democracy. the kingdom of cambodia shall be an independent, sovereign, peaceful, permanently neutral and non-aligned country. article 2 the territorial integrity of the kingdom of cambodia shall never be violated within its borders as defined in the 1/100,000 scale map made between the years 1933-1953, and internationally recognized between the years 1963-1969. article 3 the kingdom of cambodia is an indivisible state. article 4 the motto of the kingdom of cambodia is: "nation, religion, king". article 5 the official language and script is khmer. article 6 phnom penh is the capital city of the kingdom of cambodia. the national flag, anthem and coat-of-arms are defined in annex 1, 2, and 3. chapter ii. the king article 7 the king of cambodia reigns but does not govern. the king shall be the head of state for life. the king shall be inviolable. article 8 the king of cambodia is a symbol of the unity and eternity of the nation. the king is the guarantor of national independence, the sovereignty and territorial integrity of the kingdom of cambodia and the guarantor of the rights and freedom of all citizens and of international treaties. article 9 the king shall assume the supreme role as arbitrator to ensure the regular execution of public powers. article 10 the cambodian monarchy is an elected regime. the king shall have no power to appoint his successor to reign article 11 if the king cannot perform his normal duties as the head of state due to his serious illness as certified by doctors chosen by the president of the senate, the president of the national assembly and the prime minister, the president of the senate shall perform the duties of the head of state as the king's regent. if the president of the senate cannot perform the duties of the head of state for the king as the king's regent when the king is seriously ill as stipulated in the previous paragraph, the president of national assembly shall perform these duties. the position as the head of state as the king's regent may be taken by other dignitaries, in the circumstances described in the previous paragraph, in the following order: first vice-president of the senate first vice-president of the national assembly second vice-president of the senate second vice-president of the national assembly article 12 when the king dies, the president of the senate shall perform the duties of the acting head of state as the regent of the kingdom of cambodia. if, when the king dies, the president of the senate cannot perform the duties of the acting head of state in place of the king, the responsibilities of acting head of state in the capacity of regent shall be exercised in compliance with the second and third paragraph of article 11 . article 13 within a period of not more than seven days, the council of the throne shall choose a new king of the kingdom of cambodia. the royal council of the throne shall consist of: the president of the senate the president of the national assembly the prime minister the chief monk of each of the orders of mahayana buddhism (mohanikay) and theravada buddhism (thammayutekaknikay) the first and second vice-president of the senate the first and second vice-president of the national assembly the organization and functioning of the council of the throne shall be determined by law. article 14 the king of cambodia shall be member of the royal family, be at least 30 years old and descend from the bloodline of king ang duong, king norodom or king sisowath. upon enthronement, the king shall take an oath of allegiance as stipulated in annex 4. article 15 the wife of the reigning king shall have the royal title of queen of the kingdom of cambodia. article 16 the queen of the kingdom of cambodia shall not have the right to engage in politics, to assume the role of head of state or head of government, or to assume other administrative or political roles. the queen of the kingdom of cambodia exercises duties that serve social, humanitarian and religious interests and assists the king with protocol and diplomatic functions. article 17 the provision of paragraph 1 of article 7 of this constitution, under which the king reigns but does not govern, shall never be amended. article 18 the king shall communicate with the senate and the national assembly by royal messages. these royal messages shall not be subject to discussion by the senate and the national assembly. article 19 the king shall appoint the prime minister and the council of ministers in accordance with the procedures stipulated in article 119. article 20 the king shall grant official audiences twice a month to the prime minister and the council of ministers to hear their reports on the current situation of the nation. article 21 upon the request of the council of ministers, the king shall sign royal decrees (reach kret) appointing, transferring or removing from office, senior civil and military officials, ambassadors and envoys extraordinary and plenipotentiary. upon the request of the supreme council of the magistracy, the king shall sign royal decrees appointing, transferring or terminating the appointment of judges. article 22 when the nation faces danger the king, with the joint approval of the prime minister, the president of the national assembly and the president of the senate, shall make a proclamation to the people putting the country into a state of emergency. article 23 the king is the supreme commander of the royal khmer armed forces. the commander-in-chief of the royal khmer armed forces shall be appointed to command the armed forces. article 24 the king shall serve as chairman of the supreme council of national defense, to be established by law. with the approval of the national assembly and the senate, the king shall declare war article 25 the king shall receive letters of credential from ambassadors or envoys extraordinary and plenipotentiary of foreign countries accredited to the kingdom of cambodia. article 26 the king shall sign and ratify international treaties and conventions after they have been approved by the national assembly and the senate. article 27 the king shall have the rights to grant pardons or amnesties. article 28 the king shall sign royal proclamations promulgating the constitution and laws passed by the national assembly and completely reviewed by the senate, and shall sign any royal decrees proposed by the council of ministers. if the king is sick and requires medical treatment abroad, he has the rights to delegate the power of signing royal proclamations and royal decrees to the acting head of state by delegating writs. article 29 the king establishes and confers national decorations. the king confers civil and military ranks and positions as determined by law. article 30 in the absence of the king, the president of the senate shall assume the duties of acting head of state. if the president of the senate cannot perform his duties as the acting head of state in place of the king, at the time of the king's absence, the responsibilities of acting head of state shall be exercised in compliance with the second and third paragraphs of article 11. chapter iii. the rights and obligations of khmer citizens article 31 the kingdom of cambodia recognizes and respects human rights as stipulated in the united nations charter, the universal declaration of human rights and the covenants and conventions related to human rights, women's rights and children's rights. khmer citizens shall be equal before the law, enjoying the same rights and freedom and obligations regardless of race, color, sex, language, religious belief, political tendency, national origin, social status, wealth or other status. the exercise of personal rights and freedom by any individual shall not adversely affect the rights and freedom of others. the exercise of such rights and freedom shall be in accordance with the law. article 32 everybody shall have the rights to life, freedom, and personal security. capital punishment is prohibited. article 33 khmer citizens shall not be deprived of their nationality, or exiled, or arrested and deported to any foreign country, unless there is a mutual agreement. khmer citizens residing abroad shall be protected by the state. the acquisition of khmer nationality shall be determined by law. article 34 khmer citizens of either sex shall enjoy the rights to vote and to stand as candidates for an election. khmer citizens of either sex who are at least eighteen years old shall have the rights to vote. khmer citizens of either sex who are at least twenty-five years old shall have the rights to stand as candidates for the national assembly elections. khmer citizens of either sex who are at least forty years old shall have the rights to stand as candidates for the senate elections. restrictions on the rights to vote and the rights to stand as candidates in elections shall be determined by an electoral law. article 35 khmer citizens of either sex shall have the rights to participate actively in the political, economic, social and cultural life of the nation. all requests from citizens shall be thoroughly considered and resolved by institutions of the state. article 36 khmer citizens of either sex shall enjoy the rights to choose any employment according their ability and to the needs of the society. khmer citizens of either sex shall receive equal pay for the same work. housework shall have the same value as work outside the home. khmer citizens of either sex shall have the rights to obtain social security and other social benefits as determined by law. khmer citizens of either sex shall have the rights to form and to be members of trade unions. the organization and functioning of trade unions shall be determined by law. article 37 the rights to strike and to organize peaceful demonstrations shall be implemented and exercised within the framework of law. article 38 the law prohibits all physical abuse of any individual. the law protects the life, honor and dignity of citizens. no person shall be accused, arrested, or detained except in accordance with the law. the coercion, physical ill-treatment or any other mistreatment which imposes additional punishment on a detainee or prisoner is prohibited. persons who commit, participate in or conspire in such acts shall be punished according to the law. confessions obtained by physical or mental force shall not be admissible as evidence of guilt. the accused shall have the benefit of any reasonable doubt. any accused shall be presumed to be innocent until they are finally convicted by the court. everybody shall have the rights to defend him/herself through the judicial system. article 39 khmer citizens have the rights to denounce, make complaints, or claim for compensation for damages caused by any breach of the law by institutions of the state, social organizations or by members of such organizations. the settlement of complaints and claims for compensation for damages is the responsibility of the courts. article 40 the freedom of citizens to travel near and far and their rights to legal settlement shall be respected. khmer citizens shall have the rights to settle abroad or return. the rights to privacy of residence, and to the confidentiality of correspondence by mail, telegram, fax, telex and telephone, shall be guaranteed. any search of a house, personal property or a person shall be in accordance with the law. article 41 khmer citizens shall have freedom of expression of their ideas, freedom of information, freedom of publication and freedom of assembly. no one shall exercise these rights to infringe upon the honor of others, or to affect the good customs of society, public order and national security. the regime of the media shall be determined by law. article 42 khmer citizens have the rights to establish associations and political parties. these rights shall be determined by law. khmer citizens may take part in mass organizations to work together to protect national achievement and social order. article 43 khmer citizens of either sex shall have the rights to freedom of belief. freedom of belief and religious worship shall be guaranteed by the state on the condition that such freedom does not affect other beliefs and religions or violate public order and security. buddhism shall be the religion of the state. article 44 all persons, individually or collectively, shall have the rights to own property. only natural persons or legal entities of khmer nationality shall have the rights to own land. legal private ownership shall be protected by law. expropriation of ownership from any person shall be exercised only in the public interest as provided for by law and shall require fair and just compensation in advance. article 45 all forms of discrimination against women shall be abolished. the exploitation of women in employment is prohibited. men and women are equal in all fields especially with respect to marriage and family matters. marriage shall be conducted according to law, based on the principle of mutual consent between one husband and one wife. article 46 trading human beings, the exploitation of prostitution and obscenity, which affect the reputation of women, shall be prohibited. the termination of a woman's employment because of her pregnancy is prohibited. women shall have the rights to take maternity leave with full pay and with no loss of seniority or other social benefits. the state and society shall provide opportunities to women, especially for those living in rural areas without adequate social support, so that they can obtain employment and medical care, send their children to school and have decent living conditions. article 47 parents shall have the duty to take care of and educate their children to become good citizens. children shall have the duty to take good care of their elderly parents according to khmer customs. article 48 the state shall protect the rights of children as stipulated in the convention on children, in particular, the rights to life, education, protection during wartime, and protection from economic or sexual exploitation. the state shall protect children from any forms of labor that are injurious to their educational opportunities, health and welfare. article 49 every khmer citizen shall respect the constitution and the laws. every khmer citizen has a duty to take part in national reconstruction and to defend the motherland. the duty to defend the motherland shall be exercised in accordance with law. article 50 khmer citizens of either sex shall respect the principles of national sovereignty and liberal multi-party democracy. khmer citizens of either sex shall respect public property and legally acquired private property. chapter iv. the political system article 51 the kingdom of cambodia adopts a liberal multi-party democratic policy. khmer citizens are the masters of their own country. all power belongs to the citizens. the citizens exercise their powers through the national assembly, the senate, the royal government and the judiciary. the legislative, executive and judicial powers shall be separate. article 52 the royal government of cambodia shall protect the independence, sovereignty and territorial integrity of the kingdom of cambodia, adopt a policy of national reconciliation to ensure national unity, and preserve good customs and traditions of the nation. the royal government of cambodia shall preserve and protect legality and ensure public order and security. the state shall give priority to improving the welfare and standard of living of citizens. article 53 the kingdom of cambodia adopts policy of permanent neutrality and non-alignment. the kingdom of cambodia follows a policy of peaceful co-existence with its neighbors and with all other countries throughout the world. the kingdom of cambodia shall not invade any country, nor interfere in any other country's internal affairs, directly or indirectly, and shall solve any problems peacefully with due respect for mutual interests. the kingdom of cambodia shall not join in any military alliance or military pact that is incompatible with its policy of neutrality. the kingdom of cambodia shall not permit any foreign military base on its territory and shall not have its own military base abroad, except within the framework of a united nations' request. the kingdom of cambodia reserves the rights to receive foreign assistance in the form of military equipment, armaments, ammunitions, training of its armed forces and other assistance for self-defense and for maintaining public order and security within its territory. article 54 the manufacturing, use and storage of nuclear, chemical or biological weapons are absolutely prohibited. article 55 any treaty and agreement incompatible with the independence, sovereignty, territorial integrity, neutrality and national unity of the kingdom of cambodia, shall be annulled. chapter v. economy article 56 the kingdom of cambodia adopts a market economy system. the organization and functioning of this economic system shall be determined by law. article 57 no taxes may be collected without authorization by law. the national budget shall be determined by law. the control of the monetary and financial system shall be determined by law. article 58 state property comprises land, underground mineral resources, mountains, sea, undersea, continental shelf, coastline, airspace, islands, rivers, canals, streams, lakes, forests, natural resources, economic and cultural centers, bases for national defense and other buildings determined as state property. the control, use and management of state properties shall be determined by law. article 59 the state shall protect the environment and the balance of natural resources and establish a precise plan for the management of land, water, airspace, wind, geology, ecological systems, mines, oil and gas, rocks and sand, gems, forests and forestry products, wildlife, fish and aquatic resources. article 60 citizens shall have the rights to freely sell their products. the obligation to sell products to the state or the temporary use of private property or products by the state shall be prohibited unless authorized by law under special circumstances. article 61 the state shall promote economic development in all sectors and particularly in remote areas, especially in agriculture, handicrafts and industry, with attention to policies on water, electricity, roads and means of transportation, modem technology and credit systems. article 62 the state shall pay attention to and help improve the means of production, protect the price of products for farmers and crafters and find marketplaces for them to sell their products. article 63 the state shall pay attention to marketing in order to improve citizens' living standard to a decent level. article 64 the state shall ban the importation, manufacture and sale of illicit drugs, counterfeit or expired goods and severely punish those who import, manufacture or sell illicit drugs, counterfeit or expired goods, which affect the health and life of consumers. chapter vi. education, culture, and social affairs article 65 the state shall protect and promote citizens' rights to quality education at all levels and shall take all measures, step by step, to make quality education available to all citizens. the state shall pay attention to physical education and sports for the welfare of all khmer citizens. article 66 the state shall establish a comprehensive and standardized educational system throughout the country which shall guarantee the principles of freedom to operate educational institutions and equal access to education in order to ensure that all citizens have an equal opportunity to earn a living. article 67 the state shall adopt an educational program and the principles of modern pedagogy which encompass technology and foreign languages. the state shall control public and private educational institutions and classrooms at all levels. article 68 the state shall provide free primary and secondary education to all citizens in public schools. citizens shall receive education for at least 9 years. the state shall help promote and develop pali schools and buddhist institutes. article 69 the state shall preserve and promote national culture. the state shall protect and promote the khmer language as required. the state shall preserve ancient temples and artifacts and redecorate historic sites. article 70 any offense affecting cultural artistic heritage shall carry a severe punishment. article 71 the perimeter of national heritage sites including those classified as world heritage sites shall be considered as neutral zones where there shall be no military activity. article 72 the health of the people shall be guaranteed. the state shall pay attention to disease prevention and medical treatment. poor people shall receive free medical consultations in public hospitals, infirmaries and maternity clinics. the state shall establish infirmaries and maternity clinics in rural areas. article 73 the state shall pay attention to children and mothers. the state shall establish nurseries and help support women who have numerous children and have inadequate support. article 74 the state shall help support the disabled and the families of combatants who sacrificed their lives for the nation. article 75 the state shall establish a social security system for workers and employees. chapter vii. the national assembly article 76 the national assembly shall consist of at least 120 members. the members shall be elected by a free, universal, equal, direct and secret ballot. the members may be re-elected. candidates for election to the national assembly shall be khmer citizens of either sex, have the rights to vote, be at least 25 years of age and have khmer nationality at birth. the organization responsible for conducting the election, electoral procedures and processes shall be determined by an electoral law. article 77 the members of the national assembly shall represent all the khmer people, not only citizens from their constituencies. any imperative mandate shall be nullified. article 78 the term of the national assembly is five years and ends on the day when the new national assembly takes office. the national assembly shall not be dissolved before the end of its term except when the royal government is twice deposed within a period of twelve months. in this case, the king shall dissolve the national assembly, upon a request by the prime minister and with the approval of the president of the national assembly. the election of new national assembly shall be held no later than sixty days from the date of dissolution. during this period, the royal government shall only be empowered to conduct routine business. in time of war or other special circumstances when an election cannot be held, the national assembly may extend its term for one year at time, at the request of the king. the declaration of an extension of the national assembly's term must be approved by at least a two-thirds majority vote of all members of the national assembly. article 79 a member of the national assembly shall not hold any active public function and be a member of other institutions provided for in the constitution, except when a national assembly member is required to serve in the council of ministers of the royal government. in this case, the said national assembly member shall remain a member of the national assembly but may not hold any position on the standing committee or on other commissions of the national assembly. article 80 members of the national assembly shall enjoy parliamentary immunity. no member of the national assembly shall be prosecuted, detained or arrested because of opinions expressed in the exercise of his/her duties. a member of the national assembly may only be prosecuted, arrested or detained with the permission of the national assembly or by the standing committee of the national assembly between sessions, except in case of flagrant delicto offences. in that case, the competent authority shall immediately report to the national assembly or to the standing committee and request permission. the decision of the standing committee of the national assembly shall be submitted to the national assembly at its next session, for approval by a two thirds majority vote of all members of the national assembly. in any case, the detention or prosecution of a member of the national assembly shall be suspended if the national assembly requires that the detention or prosecution be suspended by a three quarter majority vote of all members of the national assembly. article 81 the national assembly shall have an autonomous budget for the conduct of its function. the members of the national assembly shall receive remuneration. article 82 the national assembly shall hold its initial session no later than sixty days after the election, and as convened by the king. before starting its work, the national assembly shall confirm the validity of each member's mandate and vote separately to choose its president, vice-presidents and all members of various commissions of the national assembly, by an absolute majority vote of all members of the national assembly. the national assembly shall adopt its internal regulations by an absolute majority vote of all members of the national assembly. all national assembly members shall, before taking office, take an oath of allegiance as contained in annex 5 of this constitution. article 83 the national assembly holds ordinary sessions twice year. each session shall last at least three months. at the request of the king, or the prime minister, or at least one third of the national assembly members, the national assembly standing committee shall convene in an extraordinary session of the national assembly. the agenda and the date of the extraordinary session shall be disseminated to the population. article 84 between national assembly sessions, the standing committee of the national assembly shall manage the work of the national assembly. the standing committee of the national assembly consists of the president of the national assembly, the vice-presidents and all chairpersons of the national assembly commissions. article 85 the national assembly sessions shall be held in the capital city of cambodia in the assembly hall unless, due to special circumstances, stipulated otherwise in the summons. except where so stipulated and unless held at the place and date as stipulated, any meeting of the national assembly shall be considered completely illegal, null and void. article 86 under some circumstances when the country is in a state of emergency, the national assembly shall meet every day. the national assembly has the rights to declare the above special circumstances terminated whenever the situation permits. if the national assembly is not able to meet because of circumstances such as the occupation of the country by foreign forces, the declaration of the state of emergency is automatically extended. during the state of emergency, the national assembly shall not be dissolved. article 87 the president of the national assembly shall chair the assembly sessions, receive draft bills and resolutions approved by the national assembly, ensure the implementation of the internal regulations and organize the international relations of the national assembly. if the president of the national assembly is unable to perform his/her duties due to illness, or due to fulfilling of the functions of acting head of state or as a regent, or due to being on a mission abroad, a vice-president shall replace him. if the president or a vice-president resigns or dies, the national assembly shall elect a new president or vice-president. article 88 the national assembly sessions shall be held in public. at the request of the president or of at least one tenth of its members, or of the king or of the prime minister, the national assembly shall hold closed sessions. sessions of the national assembly shall be considered valid, only if: there is a quorum of more than two thirds of all national assembly members, for any votes which require a two-thirds majority of all members. there is a quorum of more than a half of all national assembly members for any votes which require an absolute majority of all members. article 89 upon the request of at least one tenth of its members, the national assembly shall invite high ranking officials to clarify important special issues to the national assembly. article 90 the national assembly is an organ that has a legislative power and performs its duties as provided for in the constitution and laws in force. the national assembly shall approve the national budget, state planning, lending, borrowing, financial contracts, and the imposition, modification or abolition of taxes. the national assembly shall approve administration accounts. the national assembly shall adopt the law on general amnesty. the national assembly shall approve or repeal international treaties and conventions. the national assembly shall adopt a law on the proclamation of war. the adoptions and approvals referred to in the previous clauses shall be agreed by an absolute majority vote of all members of the national assembly. the national assembly shall pass a vote of confidence in the royal government by an absolute majority vote of all members. article 91 the senators, the members of the national assembly and the prime minister shall have the rights to initiate legislation. members of the national assembly shall have the rights to propose amendments to the laws but proposed amendments cannot be accepted if they might have the effect of reducing public income or increasing the burden on the people. article 92 any decision of the national assembly that contradicts the principles of preserving national independence, sovereignty, territorial integrity of the kingdom of cambodia and affects the political unity or the administration of the nation, shall be annulled. the constitutional council is the only organ which may annul the decision. article 93 any laws approved by the national assembly, reviewed by the senate and signed by the king for promulgation, shall come into force in phnom penh ten days after the date of promulgation and throughout the rest of the country twenty days after the date of promulgation. if the law is stipulated as urgent, it shall come into force throughout the country immediately after promulgation. laws that are signed by the king for promulgation shall be published in the royal gazette and announced to the public throughout the country in accordance with the time-frame set out above. article 94 the national assembly may establish such commissions as it considers necessary. the organization and functioning of the national assembly shall be determined by the internal regulations of the national assembly. article 95 if a member of the national assembly dies, resigns, or is dismissed more than six months before the end of the term of the national assembly, a replacement shall be appointed in accordance with the internal regulations of the national assembly and the electoral law. article 96 members of the national assembly shall have the rights to propose questions to the royal government. the questions shall be submitted in writing through the president of the national assembly. the replies shall be given by one or several ministers depending on whether the subject of the question relates to the responsibilities of one or several ministers. if the question concerns the overall policy of the royal government, the prime minister shall reply in person. the replies by the ministers or by the prime minister may be given orally or in writing. the replies shall be provided within seven days after the day the question is received. in the case of an oral reply, the president of the national assembly shall decide whether to hold an open debate or not. if there is no open debate, the reply by the minister(s) or the prime minister shall be considered final. if there is an open debate, the questioner(s), other speakers and relevant ministers, or the prime minister may exchange views within a time-frame, not exceeding one session. the national assembly shall allow one day a week for providing answers to questions. there shall be no vote during any question-and-answer session. article 97 the commissions of the national assembly may invite any minister to clarify issues in fields under his/her responsibility. article 98 the national assembly may dismiss any members of the council of ministers, or the royal government, by a motion of censure passed by an absolute majority vote of all members of the national assembly. the national assembly may deliberate on a motion of censure only if it has been requested by at least 30 members of the national assembly. chapter viii. the senate article 99 the senate is a body that has legislative power and performs its duties as determined in the constitution and laws in force. the senate consists of members whose number shall not exceed half of the number of members of the national assembly. some senators shall be nominated and some shall be elected non-universally. a senator can be re-nominated and re-elected. candidates for election to the senate shall be khmer citizens of either sex, have the rights to vote, be at least 40 years of age and have khmer nationality at birth. article 100 the king shall appoint two senators. the national assembly shall elect two senators by majority vote. other senators shall be elected through a non-universal election. article 101 the preparation, procedures and process of the nomination and election of the senators, as well as the definition of the electors, electorates and constituencies shall be determined by law. article 102 the term of the senate is six years and ends on the day when the new senate takes office. in time of war or other special circumstances when an election cannot be held, the senate may extend its term for one year at a time, at the request of the king. the declaration of extension of its term must be approved by at least a two-thirds majority vote of all senators. under the circumstances as described above, the senate shall meet every day. the senate has the rights to declare the above special circumstances terminated whenever the situation permits. if the senate is not able to meet because of circumstances such as the occupation of the country by foreign forces, the declaration of the state of emergency shall be automatically extended. article 103 a senator may not hold any active public function, be a member of the national assembly or be a member of other institutions provided for in the constitution. article 104 senators shall enjoy parliamentary immunity. no senator shall be prosecuted, detained or arrested because of opinions expressed in the exercise of his/her duties. a senator may only be prosecuted, arrested or detained with the permission of the senate, or by the standing committee of the senate between sessions, except in case of a flagrant delicto offence. in that case, a competent authority shall immediately report to the senate or to the standing committee of the senate and request permission. the decision made by the standing committee of the senate shall be submitted to the senate at its next session for approval by a two-thirds majority vote of all senators. in any case, detention or prosecution of a senator shall be suspended if the senate requires that the detention or prosecution be suspended by a three-quarter majority vote of all senators. article 105 the senate shall have an autonomous budget for the conduct of its functions. senators shall receive remuneration. article 106 the senate shall hold its initial session no later than sixty days after the election, and as convened by the king. before starting its work, the senate shall confirm the validity of each senator's mandate and vote separately to choose its president, vice-presidents and all members of various commissions of the senate, by an absolute majority vote of all senators. all senators shall, before taking office, take an oath of allegiance as contained in annex 7 of this constitution. article 107 the senate holds ordinary sessions twice a year. each session shall last at least three months. if requested by the king, or the prime minister, or at least one-third of all senators, the senate shall convene in an extraordinary session. article 108 between the senate sessions, the standing committee of the senate shall manage the work of the senate. the standing committee of the senate consists of the president of the senate, the vicepresidents and all chairpersons of the senate commissions. article 109 the senate sessions shall be held in the royal capital of cambodia in the senate hall unless, due to special circumstances, stipulated otherwise in the summons. except where so stipulated and unless held at the place and date as stipulated, any meeting of the senate shall be considered completely illegal, null and void. article 110 the president of the senate shall chair the senate sessions, receive draft bills and resolutions approved by the senate, ensure the implementation of the internal regulations and organize the international relations of the senate. if the president is unable to perform his/her duties due to illness or due to fulfilling the functions of acting head of state or as a regent, or due to being on a mission abroad, a vice-president shall replace him. if the president or a vice-president resigns or dies, the senate shall elect a new president or vice-president. article 111 the senate sessions shall be held in public. at the request of the president or of at least one-tenth of its members, or of the king, or of the prime minister, or of the national assembly president, the senate shall hold closed sessions. sessions of the senate shall be considered valid, only if: there is a quorum of more than two-thirds of all senators, for any votes which require a two-thirds majority of all senators. there is a quorum of more than a half of all senators, for any votes which require a relative majority vote or an absolute majority of all senators. the number of votes required for approval by the national assembly, as stipulated in this constitution, shall apply to the senate as well. article 112 the senate has a duty to coordinate the work between the national assembly and the government. article 113 the senate shall, within a period of not more than one month after a law or other matter is submitted to it, examine and make recommendations on draft laws or proposed laws that have been adopted by the national assembly and other matters that the national assembly submits to the senate. in an emergency this period shall be reduced to five days. if the senate makes recommendations and approves the law, or doesn't make any recommendation, within the time limit stipulated above, the law adopted by the national assembly shall be promulgated. if the senate requests a modification of the draft law or the proposed law, the national assembly shall immediately consider the draft law or the proposed law for a second time. the national assembly shall examine and decide on only the provisions or points that have been proposed for modification by the senate, by either rejecting the whole proposed modification or adopting some parts of it. the process of sending the draft law or proposed law back and forth between the senate and the national assembly shall be completed within one month. this period shall be reduced to ten days in the case of the national budget and finance laws, and to two days for an urgent law. if the national assembly does not return the draft law to the senate within the above specified period or extends the specified period for its examination, the period for examination by the national assembly and the senate shall be extended equally. if the senate rejects the draft law or the proposed law, the national assembly may not examine this draft or proposed law for a second time within a period of one month. this period shall be reduced to fifteen days in the case of examination for approval on national budget and finance, and to four days if urgent. when examining a draft law or proposed law for a second time, the national assembly shall decide by an open vote and by an absolute majority of its members. the draft or the proposed laws adopted by the above method shall then be promulgated. article 114 the senate may establish such commissions as it considers necessary. the organization and functioning of the senate shall be determined by the internal regulations of the senate. the internal regulations shall be adopted by an absolute majority vote of all senators. article 115 if a senator dies, resigns, or is dismissed more than six months before the end of the term of the senate, a replacement shall be appointed or elected in accordance with the internal regulations of the senate and the law on nomination and election of senators. chapter ix. the congress of national assembly and senate article 116 if necessary, the national assembly and the senate may convene as a congress in order to resolve important national issues. article 117 the important national issues referred to in article 116, as well as the organization and functioning of the congress shall be determined by law. chapter x. the royal government article 118 the council of ministers is the royal government of the kingdom of cambodia. the council of ministers shall be led by one prime minister assisted by deputy prime ministers, and by senior ministers, ministers and secretaries of state as members. article 119 upon the request of the president and with the agreement of both vice-presidents of the national assembly, the king shall designate a dignitary among the members of the national assembly of the party holding the largest number of seats in the national assembly to form the royal government. this dignitary and members of the national assembly and members of political parties represented in the national assembly who are proposed for positions within the royal government present themselves to the national assembly to ask for a vote of confidence. after the national assembly passes a vote of confidence in the proposed royal government, the king shall issue a royal decree appointing the entire council of ministers. before taking office, the council of ministers shall take the oath of allegiance stipulated in annex 6. article 120 membership of the royal government is incompatible with professional activities in trade or industry and with the holding of any position in the public service. article 121 members of the royal government shall be collectively responsible to the national assembly for the overall policy of the royal government. each member of the royal government shall be individually responsible to the prime minister and the national assembly for his/her own conduct. article 122 members of the royal government shall not use the orders, written or oral, of anyone as grounds to exonerate themselves from their responsibility. article 123 the council of ministers shall meet every week in plenary session or in a working session. the prime minister shall chair the plenary sessions. the prime minister may assign a deputy prime minister to preside over the working sessions. minutes of the council of ministers' sessions shall be delivered to the king for his information. article 124 the prime minister shall have the rights to delegate his powers to a deputy prime minister or to any member of the royal government. article 125 if the post of prime minister is permanently vacant, a new council of ministers shall be appointed under the procedure stipulated in this constitution. if the vacancy is temporary, an acting prime minister shall be provisionally appointed. article 126 any member of the royal government shall be punished for any felonies or misdemeanors that he/she commits while performing his/her duty. in such cases and when he/she has made serious mistakes while performing his/her duty, the national assembly may decide to file charges against him/her in a competent court. the national assembly shall decide on such matters in a secret vote by an absolute majority of all members of the national assembly. article 127 the organization and functioning of the council of ministers shall be determined by law. chapter xi. the judiciary article 128 the judicial is an independent power. the judiciary shall be impartial and protect the rights and freedom of citizens. the judiciary shall consider all legal cases including administrative cases. this power shall be vested in the supreme court and in all courts of all sectors and levels. article 129 trials shall be conducted in the name of the khmer people in accordance with the legal procedures and laws in force. only judges shall have the rights to adjudicate. a judge shall fulfill this duty wholeheartedly and conscientiously, with strict respect for the laws. article 130 judicial power shall not be granted to any legislative or executive body. article 131 only prosecutors shall have the rights complaints. article 132 the king is the guarantor of the independence of the judiciary. the supreme council of the magistracy shall assist the king in this matter. article 133 judges shall not be dismissed. however, the supreme council of the magistracy shall take disciplinary actions against any judge who makes mistake(s). article 134 the supreme council of the magistracy shall be established by an organic law that determines its composition and functions. the supreme council of the magistracy shall be chaired by the king. the king may appoint his representative to chair the supreme council of the magistracy. the supreme council of the magistracy shall make requests to the king on the appointment of judges and prosecutors to all courts. the supreme council of the magistracy shall, when deciding on disciplinary actions against judges or prosecutors, meet under the chairmanship of the president of the supreme court or the general prosecutor of the supreme court depending on whether the case relates to judges or prosecutors. article 135 the qualifications, duties, roles and obligations of judges and prosecutors and the organization of judicial bodies shall be defined in separate laws. chapter xii. the constitutional council article 136 the constitutional council shall guarantee the observance and respect of the constitution, interpret the constitution and laws adopted by the national assembly and reviewed by the senate. the constitutional council shall have the rights to examine and decide on disputes concerning the election of members of the national assembly and the election of senators. article 137 the constitutional council consists of nine members who are appointed for a term of nine-years. one third of the members of the constitutional council shall be replaced every three years. three members shall be appointed by the king, three by the national assembly and three by the supreme council of the magistracy. the chairperson shall be elected by the members of the constitutional council. the chairperson shall have a deciding vote if voting is tied. article 138 members of the constitutional council shall be selected from among dignitaries with a higher-education degree in law, administration, diplomacy or economics and who have considerable work experience. article 139 a member of the constitutional council must not be a senator, a member of the national assembly, a member of the royal government, a sitting judge, a public servant, the president or vice-president of a political party or the president or vice-president of a union. article 140 the king, the prime minister, the president of the national assembly, one tenth of the members of the national assembly, the president of the senate, or one quarter of the senators may send laws adopted by the national assembly to the constitutional council for review before promulgation. the internal regulations of the national assembly, the internal regulations of the senate and organic laws must be sent to the constitutional council for review before promulgation. the constitutional council shall decide within 30 days whether the laws, the internal regulations of the national assembly or the internal regulations of the senate are constitutional. article 141 after any law is promulgated, the king, the president of the senate, the president of the national assembly, the prime minister, one quarter of the senators, one tenth of members of the national assembly, or the courts, may request the constitutional council to review the constitutionality of that law. people shall have the rights to appeal against the constitutionality of any law through members of the national assembly, or the president of the national assembly, or senators, or the president of the senate as stipulated in the above paragraph. article 142 any provision of any article declared by the constitutional council to be unconstitutional shall not be promulgated or implemented. decisions of the constitutional council are final. article 143 the king shall consult with the constitutional council on all proposals to amend the constitution. article 144 an organic law shall specify the organization and functioning of the constitutional council. chapter xiii. the administration article 145 the territory of the kingdom of cambodia is divided into the capital city, provinces, municipalities, districts (srok/khan) and communes (khum/sangkat). article 146 the capital city, provinces, municipalities, districts (srok/khan) and communes (khum/sangkat) shall be governed in accordance with organic law. chapter xiv. the national congress article 147 the national congress enables the people to be directly informed on various matters of national interest and to raise issues and requests for the authorities of the state to solve. khmer citizens of either sex shall have the rights to participate in the national congress. article 148 the national congress shall meet once a year in early december when convoked by the prime minister. the national congress shall proceed under the chairmanship of the king. article 149 the national congress makes recommendations to the senate, the national assembly and the authorities of the state for consideration. the organization and functioning of the national congress shall be determined by law. chapter xv. effects, revisions and amendments of the constitutions article 150 this constitution is the supreme law of the kingdom of cambodia. laws and decisions made by state institutions must be in strict conformity with the constitution. article 151 any initiative to revise or amend the constitution shall be the prerogative of the king, the prime minister and the president of the national assembly at the request of one quarter of the members of the national assembly. revisions or amendments of the constitution shall be enacted by a constitutional law passed by the national assembly with a two thirds majority vote of all members of the national assembly. article 152 revisions or amendments of the constitution shall be prohibited when the country is in a state of emergency as stipulated in article 86. article 153 revisions or amendments affecting the system of liberal multiparty democracy and the regime of constitutional monarchy shall be prohibited. chapter xvi. transitional provisions article 154 this constitution, after its adoption, shall be declared by the king of cambodia to be in force with immediate effect. article 155 after this constitution comes into force, the constituent assembly shall become the national assembly. the internal regulations of the national assembly shall come into force after adoption by the national assembly. if the national assembly is not yet functional, the president, the first and second vicepresident of the constituent assembly shall participate in the performance of duties in the council of the throne if so required by the situation in the country. article 156 after this constitution comes into force, the king shall be elected in accordance with the conditions stipulated in articles 13 and 14. article 157 the first term of the senate shall be five years and shall end when the new senate takes office. for the first term of the senate: the king shall appoint two senators, as well as the president, the first vice-president and the second vice-president of the senate. the other senators shall be appointed by the king upon request by the president of the senate and the president of the national assembly from among members of political parties which have seats in the national assembly. the congress of the national assembly and the senate shall be chaired by the presidents of these institutions. article 158 laws and regulations in cambodia that guarantee and protect state properties, rights and freedom and legal private properties of persons, and which are in conformity with national interests shall continue to remain in force until amended or repealed by new laws and regulations, except those provisions that are contrary to the spirit of this constitution. additional provisions to the constitution to ensure the regular process of the national institutions article 1 this constitutional law aims, in accordance with the basic principles of a liberal multi-party democracy, to facilitate the efficient functioning of national institutions in unusual circumstances requiring urgent action. article 2 at the commencement of each term, the national assembly, presided over by the oldest member of the national assembly may, before starting its work and after deciding on the validity of the mandate of each member, adopt any constitutional text or any law in order to achieve the goal as stipulated in article 1. after any such amendments or laws have been adopted by the national assembly, the oldest member of the national assembly shall immediately take all steps according to the specified procedures to have those amendments promulgated and come into force. article 3 if the objectives of the procedures stipulated in articles 82 and 119 of the constitution cannot be achieved, the national assembly at the request of the party that wins the most seats in the national assembly, shall proceed with a package vote to elect a president and vice-presidents of the national assembly, as well as chairpersons and vice-chairpersons of the commissions of the national assembly and simultaneously hold a vote of confidence in the royal government. article 4 the list of candidates for package vote on the election and vote of confidence is prepared as follows: upon the request by the political party that won the most seats in the national assembly, made through the oldest member of the national assembly, the king shall appoint a dignitary from among national assembly members of the winning party to propose the royal government. the appointed dignitary shall prepare and send to the oldest member of the national assembly a list of proposed members of the royal government. the oldest member of the national assembly shall combine as a single package the list of candidates for the president and vice-presidents of the national assembly, the chairpersons and vice-chairpersons of the commissions of the national assembly, as well as the candidates for prime minister and all members of the royal government, for presentation to the national assembly for approval in a single vote. article 5 the package voting shall be conducted without debate or discussion and no explanation is required after the result of the package voting is released. members of the national assembly may only vote, in favour of or against the package list submitted by the oldest member of the national assembly. the package voting shall be conducted by a show of hands. article 6 the package vote requires adoption by an absolute majority vote of all members of the national assembly. in the event that the first round of voting is not successful, the same procedure shall be applied to the next round. article 7 these additional provisions of the constitution are pronounced urgent and shall come into force from the beginning of this current legislature and onward. preamble we, the people of cameroon, proud of our linguistic and cultural diversity, an enriching feature of our national identity, but profoundly aware of the imperative need to further consolidate our unity, solemnly declare that we constitute one and the same nation, bound by the same destiny, and assert our firm determination to build the cameroonian fatherland on the basis of the ideals of fraternity, justice and progress; jealous of our hard-won independence and resolved to preserve same; convinced that the salvation of africa lies in forging ever-growing bonds of solidarity among african peoples, affirm our desire to contribute to the advent of a united and free africa, while maintaining peaceful and brotherly relations with the other nations of the world, in accordance with the principles enshrined in the charter of the united nations; resolved to harness our natural resources in order to ensure the well-being of every citizen without discrimination, by raising living standards, proclaim our right to development as well as our determination to devote all our efforts to that end and declare our readiness to cooperate with all states desirous of participating in this national endeavour with due respect for our sovereignty and the independence of the cameroonian state. we, the people of cameroon, declare that the human person, without distinction as to race, religion, sex or belief, possesses inalienable and sacred rights; affirm our attachment to the fundamental freedoms enshrined in the universal declaration of human rights, the charter of united nations and the african charter on human and peoples' rights, and all duly ratified international conventions relating thereto, in particular, to the following principles: all persons shall have equal rights and obligations. the state shall provide all its citizens with the conditions necessary for their development; the state shall ensure the protection of minorities and shall preserve the rights of indigenous populations in accordance with the law; freedom and security shall be guaranteed each individual, subject to respect for the rights of others and the higher interests of the state; every person shall have the right to settle in any place and to move about freely, subject to the statutory provisions concerning public law and order, security and tranquillity; the home is inviolate. no search may be conducted except by virtue of the law; the privacy of all correspondence is inviolate. no interference may be allowed except by virtue of decisions emanating from the judicial power; no person may be compelled to do what the law does not prescribe; no person may be prosecuted, arrested or detained except in the cases and according to the manner determined by law; the law may not have retrospective effect. no person may be judged and punished, except by virtue of a law enacted and published before the offence was committed; the law shall ensure the right of every person to a fair hearing before the courts; every accused person is presumed innocent until found guilty during a hearing conducted in strict compliance with the rights of defence; every person has a right to life, to physical and moral integrity and to humane treatment in all circumstances. under no circumstances shall any person be subjected to torture, to cruel, inhumane or degrading treatment; no person shall be harassed on grounds of his origin, religious, philosophical or political opinions or beliefs, subject to respect for public policy; the state shall be secular. the neutrality and independence of the state in respect of all religions shall be guaranteed; freedom of religion and worship shall be guaranteed; the freedom of communication, of expression, of the press, of assembly, of association, and of trade unionism, as well as the right to strike shall be guaranteed under the conditions fixed by law; the nation shall protect and promote the family which is the natural foundation of human society. it shall protect women, the young, the elderly and the disabled; the state shall guarantee the child's right to education. primary education shall be compulsory. the organization and supervision of education at all levels shall be the bounden duty of the state; ownership shall mean the right guaranteed every person by law to use, enjoy and dispose of property. no person shall be deprived thereof, save for public purposes and subject to the payment of compensation under conditions determined by law; the right of ownership may not be exercised in violation of the public interest or in such a way as to be prejudicial to the security, freedom, existence or property of other persons; every person shall have a right to a healthy environment. the protection of the environment shall be the duty of every citizen. the state shall ensure the protection and improvement of the environment; every person shall have the right and the obligation to work; every person shall share in the burden of public expenditure according to his financial resources; all citizens shall contribute to the defence of the fatherland; the state shall guarantee all citizens of either sex the rights and freedoms set forth in the preamble of the constitution. part i. the state and sovereignty article 1 the united republic of cameroon shall, with effect from the date of entry into force of this law, be known as republic of cameroon (law no 84-1 of february 4, 1984). the republic of cameroon shall be a decentralized unitary state. it shall be one and indivisible, secular, democratic and dedicated to social service. it shall recognize and protect traditional values that conform to democratic principles, human rights and the law. it shall ensure the equality of all citizens before the law. the official languages of the republic of cameroon shall be english and french, both languages having the same status. the state shall guarantee the promotion of bilingualism throughout the country. it shall endeavour to protect and promote national languages. its motto shall be "peace work fatherland". its flag shall be three equal vertical stripes of green, red and yellow charged with one gold star in the centre of the red stripe. its national anthem shall be "o cameroon, cradle of our forefathers". the seal of the republic of cameroon shall be a circular medallion in bas-relief, 46 millimetres in diameter, bearing on the obverse and in the centre the head of a girl in profile turned to the dexter towards a coffee branch with two leaves and flanked on the sinister by five cocoa pods, with the french words "republique du cameroun" inscribed below the upper edge and the national motto "paix travail patrie" inscribed above the lower edge; on the reverse and in the center the coat of arms of the republic of cameroon, with the english words "republic of cameroon" inscribed beneath the upper edge and the national motto "peace work fatherland" inscribed above the lower edge. the coat of arms of the republic of cameroon shall be an escutcheon surmounted chief by the legend "republic of cameroon" and supported by two crossed fasces with the motto "peace work fatherland" base. the escutcheon shall be composed of a star on a field vent and triangle gules, charged with the geographical outline of cameroon azure, and surcharged the sword and scales of justice sable. the capital of the republic of cameroon shall be yaounde. article 2 national sovereignty shall be vested in the people of cameroon who shall exercise same either through the president of the republic and members of parliament or by way of referendum. no section of the people or any individual shall arrogate to itself or to himself the exercise thereof. the authorities responsible for the management of the state shall derive their powers from the people through election by direct or indirect universal suffrage, unless otherwise provided for in this constitution. the vote shall be equal and secret, and every citizen aged twenty years and above shall be entitled to vote. article 3 political parties and groups shall help the electorate in the making of voting decisions. they shall be bound to respect the principles of democracy, national sovereignty and unity. they shall be formed and shall exercise their activities in accordance with the law. article 4 state power shall be exercised by: the president of the republic; parliament. part ii. executive power chapter i. the president of the republic article 5 the president of the republic shall be the head of state. elected by the whole nation, he shall be the symbol of national unity. he shall define the policy of the nation. he shall ensure respect for the constitution. he shall, through his arbitration, ensure the proper functioning of public authorities. he shall be the guarantor of the independence of the nation and of its territorial integrity, of the permanency and continuity of the state and of the respect of international treaties and agreements. article 6 the president of the republic shall be elected by a majority of the votes cast through direct, equal and secret universal suffrage. the president of the republic shall be elected for a term of office of 7 (seven) years. he shall be eligible for re-election. the election shall be held not less than 20 (twenty) days and not more than 50 (fifty) days before the expiry of the term of the president of the republic in office. where the office of president of the republic becomes vacant as a result of death, resignation or permanent incapacity duly ascertained by the constitutional council, the polls for the election of the new president of the republic must be held not less than 20 (twenty) days and not more than 120 (one hundred and twenty) days after the office becomes vacant. the president of the senate shall as of right act as interim president of the republic until the new president of the republic is elected. where the president of the senate is unable to exercise these powers, they shall be exercised by his vice, following the order of precedence. the interim president of the republic-the president of the senate or his vice-may neither amend the constitution nor the composition of the government. he may not organize a referendum or run for the office of president of the republic. however, where the organization of the presidential election requires, the interim president of the republic may, after consultation with the constitutional council, amend the composition of the government. candidates for the office of president of the republic must be cameroonian by birth, enjoy their civic and political rights and must have attained the age of 35 (thirty-five) by the date of the election. the conditions for electing the president of the republic shall be laid down by law. article 7 the president-elect shall assume office once he has been sworn in. he shall take the oath of office before the cameroonian people, in the presence of the members of parliament, the constitutional council and the supreme court meeting in solemn session. he shall be sworn in by the president of the national assembly. the wording of the oath and the procedure for implementing the provisions of paragraphs (1) and (2) above shall be laid down by law. the office of president of the republic shall be incompatible with any other elective public office or professional activity. article 8 the president of the republic shall represent the state in all acts of public life. he shall be head of the armed forces. he shall ensure the internal and external security of the republic. he shall accredit ambassadors and envoys extraordinary to foreign powers. the ambassadors and envoys extraordinary of foreign powers shall be accredited to him. the president of the republic shall enact laws as provided for in article 31 below. the president of the republic shall refer matters to the constitutional council under the conditions laid down by the constitution. he shall exercise the right of clemency, after consultation with the higher judicial council. he shall exercise statutory authority. he shall set up and organize the administrative services of the state. he shall appoint to civil and military posts of the state. he shall confer the decorations and honorary distinctions of the republic. the president of the republic may, if necessary and after consultation with the government, the bureaux of the national assembly and the senate dissolve the national assembly. the election of a new assembly shall take place in accordance with the provisions of article 15(4) below. article 9 the president of the republic may, where the circumstances so warrant, declare by decree a state of emergency which shall confer upon him such special powers as may be provided for by law. in the event of a serious threat to the nation's territorial integrity or to its existence, its independence or institutions, the president of the republic may declare a state of siege by decree and take any measures as he may deem necessary. he shall inform the nation of his decision by message. article 10 the president of the republic shall appoint the prime minister and, on the proposal of the latter, the other members of government. he shall define their duties. he shall terminate their appointment. he shall preside over the council of ministers. the president of the republic may delegate some of his powers to the prime minister, other members of government and any other senior administrative officials of the state, within the framework of their respective duties. where the president of the republic is temporarily unable to perform his duties, he shall delegate the prime minister and, should the latter also be unavailable, any other member of government to discharge his duties within the framework of an express delegation of some of his powers. chapter ii. the government article 11 the government shall implement the policy of the nation as defined by the president of the republic. it shall be responsible to the national assembly under the conditions and procedures provided for in article 34 below. article 12 the prime minister shall be the head of government and shall direct its action. he shall be responsible for the enforcement of the laws. he shall exercise statutory authority and appoint to civil posts, subject to the prerogatives of the president of the republic in such areas. he shall direct all the government services required for the accomplishment of his duties. he may delegate some of his powers to members of government and to senior state officials. article 13 the office of member of government and any office ranking as such shall be incompatible with that of member of parliament, chairman of the executive or assembly of a local or regional authority, leader of a national professional association, or with any other employment or professional activity. part iii. legislative power article 14 legislative power shall be exercised by the parliament which shall comprise 2 (two) houses: the national assembly; the senate. parliament shall legislate and control government action. both houses of parliament shall meet on the same dates: in ordinary session during the months of march, june, and november each year, when convened by the bureaux of the national assembly and the senate, after consultation with the president of the republic; in extraordinary session, at the request of the president of the republic or of one-third of the members of both houses. however, the houses shall be convened simultaneously only if the business of the day concerns both of them. the two houses of parliament shall meet in congress at the request of the president of the republic in order to: be addressed by or receive a message from the of the republic; receive the oath of members of the constitutional council; take a decision on a draft or proposed constitutional amendment. when parliament meets in congress, the bureau of the national assembly shall preside over the proceedings. no person shall be member of both the national assembly and the senate. the conditions for the election of members of the national assembly and of the senate, as well as the immunities, ineligibilities, incompatibilities, allowances and privileges of the members of parliament shall be determined by law. chapter i. the national assembly article 15 the national assembly shall comprise 180 (one hundred and eighty) members elected by direct and secret universal suffrage for a five-year term of office. the number of members of the national assembly may be modified by law. each member of the national assembly shall represent the entire nation. any imposed mandate shall be null and void. in case of serious crisis or where circumstances so warrant, the president the republic may, after consultation with the president of the constitutional council and bureaux of the national assembly and the senate, request the national assembly to decide, by law, to extend or abridge its term of office. in this case, the election of a new assembly shall take place not less than 40 (forty) days and not more than 120 (one hundred and twenty) days following the expiry of the extension or abridgement period. article 16 at the beginning of each legislative year, the national assembly shall meet as of right in ordinary session under the conditions laid down by law. each year, the national assembly shall hold 3 (three) ordinary sessions, each lasting not more than 30 (thirty) days. at the opening of its first ordinary session, the national assembly shall elect its president and bureau members. the national assembly shall, during one of its sessions, adopt the state budget. where such budget is not adopted before the end of the current financial year, the president of the republic shall be empowered to extend the previous budget by one-twelfth until a new one is passed. the national assembly shall meet in extraordinary session for not more than 15 (fifteen) days on a specific agenda and at the request of the president of the republic or one-third of its members. the extraordinary session shall wind up as soon as the agenda for which it was convened is exhausted. article 17 sittings of the national assembly shall be public. exceptionally, the national assembly may hold sittings in camera at the request of the president of the republic or of an absolute majority of its members. the national assembly shall, in a law, draw up its standing orders. article 18 the agenda of the national assembly shall be drawn up by the chairmen's conference. the chairmen's conference shall be composed of presidents of parliamentary groups, chairmen of committees and members of the bureau of the national assembly. a member of government shall participate in the conference meeting. only bills falling within its area of jurisdiction by virtue of article 26 below may be included in the agenda of the national assembly. all private members' bills and amendments which, if passed, would result in the reduction of public funds or in an increase of public charges without a corresponding reduction in other expenditure or the grant of equivalent new supply of funds, shall be inadmissible. any doubt or dispute on the admissibility of a bill shall be referred by the president of the republic, the president of the national assembly or by one-third of the members of the national assembly to the constitutional court for a ruling. the agenda shall give priority, and in the order decided by the government, to the considerations of the government bills and private members' bills accepted by it. the other private members' bills admitted by the chairmen's conference shall be considered subsequently. where a private members' bill has not been considered during two successive ordinary sessions, it shall automatically be considered at the very next ordinary session. any item on the agenda shall, at the request of the government, be treated as a matter of urgency. article 19 laws shall be passed by a simple majority of the members of the national assembly. bills submitted to the national assembly for reconsideration by the senate shall either be passed or rejected in accordance with article 30 below. the president of the republic may, before enacting any law, ask for a second reading. in such case, bills shall be passed by an absolute majority of the members of the national assembly. chapter ii. the senate article 20 the senate shall represent the regional and local authorities. each region shall be represented in the senate by 10 (ten) senators of whom 7 (seven) shall be elected by indirect universal suffrage on a regional basis and 3 (three) appointed by the president of the republic. candidates for the post of senator and personalities appointed to the post of senator by the president of the republic must have attained the age of 40 (forty) by the date of the election or appointment. senators shall serve a term of 5 (five) years. article 21 at the beginning of each legislative year, the senate shall meet as of right in ordinary session under the conditions laid down by law. each year, the senate shall hold 3 (three) ordinary sessions, each lasting not more than 30 (thirty) days. the senate shall meet in extraordinary session for not more than 15 (fifteen) days on a specific agenda and at the request of the president of the republic or of one-third of its members. the extraordinary session shall wind up as soon as the agenda for which it was convened is exhausted. article 22 sittings of the senate shall be public. exceptionally, the senate may hold sittings in camera at the request of the president of the republic or of an absolute majority of its members. the senate shall, in a law, draw up its standing orders. article 23 the agenda of the senate shall be drawn up by the chairmen's conference. the chairmen's conference shall be composed of presidents of parliamentary groups, chairmen of committees and members of the bureau of the senate. a member of government shall participate in the conference meeting. only bills falling within its area of jurisdiction by virtue of article 26 below may be included in the agenda of senate. all private members' bills and amendments which, if passed, would result in the reduction of public funds or in an increase of public charges without a corresponding reduction in other expenditure or the grant of equivalent new supply of funds, shall be inadmissible. any doubt or dispute on the admissibility of a bill shall be referred by the president of the republic, president of the senate or one-third of the senators to the constitutional council for a ruling. the agenda shall give priority, and in the order decided by the government, to the consideration of the government bills and private members' bills accepted by it. the other private members' bills admitted by the chairmen's conference shall be considered subsequently. where a private members' bill has not been considered during two successive ordinary sessions, it shall automatically be considered at the very next ordinary session. any item on the agenda shall, at the request of the government, be treated as a matter of urgency. article 24 laws shall be passed by a simple majority of the senators. the senate may amend or reject all or part of a bill submitted to it for consideration, in accordance with article 30 below. the president of the republic may, before enacting a law, ask for a second reading. in such case, bills shall be passed by an absolute majority of the senators. part iv. relations between the executive and the legislative powers article 25 bills may be tabled either by the president of the republic or by members of parliament. article 26 bills shall be passed by parliament. the following shall be reserved to the legislative power: the fundamental rights, guarantees and obligations of the citizen: safeguarding individual freedom and security; the rules governing public freedoms; labour legislation, trade union legislation, rules governing social security and insurance; the duties and obligations of the citizen in respect of national defence requirements. the status of persons and property ownership system: nationality, status of person, matrimonial system, succession and gifts; rules governing civil and commercial obligations; movable and immovable property ownership system. the political, administrative and judicial organization: rules governing election of the president of the republic and elections into the national assembly, the senate, regional and local bodies and referendum operations. rules governing associations and political parties; the organization, functioning, powers and resources of regional and local authorities; general rules governing the organization of national defence; judicial organization and the creation of various types of courts; the definition of felonies and misdemeanours and the institution of penalties of all kinds, criminal procedure, civil procedure, measures of execution, amnesty. the following financial and patrimonial matters: rules governing the issue of currency; the budget; the creation of duties and the determination of their basis of assessment, rates and methods of collection; land tenure, state lands and mining; natural resources. programming the objectives of economic and social action. the system of education. article 27 matters not reserved to the legislative power shall come under the jurisdiction of the authority empowered to issue rules and regulations. article 28 however, with regard to the subjects listed in article 26 (2) above, parliament may empower the president of the republic to legislate by way of ordinances for a limited period and for given purposes. such ordinances shall enter into force on the date of their publication. they shall be tabled before the bureaux of the national assembly and the senate for purposes of ratification within the time limit laid down by the enabling law. they shall be of a statutory nature as long as they have not been ratified. they shall remain in force as long as parliament has not refused to ratify them. article 29 government bills and private members' bills shall be tabled at the same time before the bureaux of the national assembly and the senate. they shall be studied by the appropriate committees prior to their being debated in plenary session. the bill debated in plenary session shall be that tabled by the president of the republic. the private members' bill debated in plenary session shall be the next tabled by its author or authors. such bills may be amended in the course of the debate. article 30 a bill passed by the national assembly shall be immediately forwarded to the president of the senate by the president of the national assembly. the president of the senate shall, upon receiving the bill forwarded by the president of the national assembly, submit it to the senate for consideration. within 10 (ten) days, with effect from the date of receipt of the bill or 5 (five) days for a bill declared urgent by the government, the senate may: pass the bill. in which case, the president of the senate shall return the adopted bill to the president of the national assembly who shall forward same within 48 (forty-eight) hours to the president of the republic for enactment. amend the bill. such amendment must be approved by a simple majority of the senators. in which case, the amended bill shall be returned to the national assembly by the president of the senate for reconsideration. the amendment proposed by the senate shall be passed or rejected by a simple majority of the members of the national assembly. the final bill adopted shall be forwarded by the president of the national assembly to the president of the republic for enactment. reject all or part of the bill. such rejection must be approved by an absolute majority of the senators. in which case, the rejected bill with reasons therefore shall be returned to the national assembly by the president of the senate for reconsideration. the national assembly shall, after deliberation, pass the bill by absolute majority of its members. the final bill adopted by the national assembly shall be forwarded to the president of the republic for enactment. where an absolute majority cannot be reached, the president of the republic may convene a meeting of a joint commission comprising equal representation of both houses to propose a common formulation of the provisions rejected by the senate. the text prepared for the joint commission shall be submitted to both houses by the president of the republic for approval. no amendment shall be admissible, except with the approval of the president of republic. where the joint commission fails to agree on a common text, or where such text is not adopted by both houses, the president of the republic may: either request the national assembly to take a final decision thereon; or declare the government bill or private members' bill null and void. article 31 the president of the republic shall enact laws passed by parliament within 15 (fifteen) days of their being forwarded to him unless he requests a second reading or refers the matter to the constitutional council. upon the expiry of this deadline, and after establishing the failure of the president of the republic to act, the president of the national assembly may himself enact the law. laws shall be published in the official gazette of the republic in english and french. article 32 the president of the republic may, at his request, address the national assembly, the senate or the two houses meeting in congress. he may also send messages to them; but no such address or message may be debated in his presence. article 33 the prime minister and the other members of government shall have access to parliament and may participate in its deliberations. article 34 at the session during which the finance bill is considered, the prime minister shall present to the national assembly the government's economic, financial, social and cultural programme. the prime minister may, after the deliberations of the council of ministers, commit the responsibility of the government before the national assembly on a programme or, as the case may be, on a general policy statement. voting shall take place not less than 48 (forty-eight) hours after the vote of no confidence has been requested. a vote of no confidence shall be passed by an absolute majority of the members of the national assembly. only votes against a vote of confidence shall be counted. the national assembly may question the responsibility of the government through a motion of censure. such motion may be admissible only when it is signed by at least one-third of the members of the national assembly. voting shall take place not less than 48 (forty-eight) hours after the motion has been tabled. a motion of censure shall be passed by a two-third majority of the members of the national assembly. only votes in favour of a motion of censure shall be counted. where a motion of censure is rejected, its signatories may not propose a new motion before a period of one year except as provided for in paragraph (4) below. the prime minister may, after the deliberations of the council of ministers, commit the responsibility of the government before the national assembly on the adoption of a bill. in such case, the bill may be considered adopted, except where a motion of censure tabled within the next 24 (twenty-four) hours is passed under the conditions provided for in the preceding paragraph. where the national assembly adopts a motion of censure or passes a vote of no confidence, the prime minister shall tender the resignation of the government to the president of the republic. the president of the republic may reappoint the prime minister and ask him to form a new government. article 35 the parliament shall control government action through oral and written questions and by setting up committees of inquiry with specific terms of reference. the government shall, subject to the imperatives of national defence, the security of the state or the secrecy of criminal investigation, furnish any explanations and information to parliament. during each ordinary session, a special sitting shall be set aside each week for question time. article 36 the president of the republic may, after consulting with the president of the constitutional council, the president of the national assembly and the president of the senate, submit to a referendum any reform bill which, although normally reserved to the legislative power, could have profound repercussions on the future of the nation and national institutions. this shall apply in particular to: bills to organize public authorities or to amend the constitution; bills to ratify international agreements or treaties having particularly important consequences; certain reform bills relating to the law on persons and property. such bills shall be adopted by a majority of votes cast. the referendum procedure shall be laid down by law. part v. judicial power article 37 justice shall be administered in the territory of the republic in the name of the people of cameroon. judicial power shall be exercised by the supreme court, courts of appeal and tribunals. the judicial power shall be independent of the executive and legislative powers. magistrates of the bench shall, in the discharge of their duties, be governed only by the law and their conscience. the president of the republic shall guarantee the independence of judicial power. he shall appoint members of the bench and of the legal department. he shall be assisted in this task by the higher judicial council which shall give him its opinion on all nominations for the bench and on disciplinary action against judicial and legal officers. the organization and functioning of the higher judicial council shall be defined by law. article 38 the supreme court shall be the highest court of the state in legal and administrative matters as well as in the appraisal of accounts. it shall comprise: a judicial bench; an administrative bench; an audit bench. article 39 the judicial bench shall give final rulings on: appeals accepted by law against final rulings given by the various courts and tribunals of the judicial system; judgments passed by the lower courts of the judicial system that have become final in cases where the application of the law is challenged; all matters expressly devolving upon it by law. article 40 the administrative bench shall examine all the administrative disputes involving the state and other public authorities. it shall: examine appeals on regional and council election disputes; give final rulings on appeals against final judgments passed by lower courts in cases of administrative disputes; examine any other disputes expressly devolving upon it by law. article 41 the audit bench shall be competent to control and rule on public accounts, as well as on those of public and semi-public enterprises. it shall: give final rulings on final judgments passed by lower audit courts; examine any other matters expressly devolving upon it by law. article 42 the organization, functioning, composition and duties of the supreme court and the benches it comprises, the conditions for referring matters to them as well as the procedure applicable before them shall be laid down by law. the organization, functioning, composition and duties of the courts of appeal and judicial, administrative and lower audit benches as well as the conditions for referring matters to them and the procedure applicable before them shall be laid down by law. part vi. treaties and international agreements article 43 the president of the republic shall negotiate and ratify treaties and international agreements. treaties and international agreements falling within the area of competence of the legislative power as defined in article 26 above shall be submitted to parliament for authorization to ratify. article 44 where the constitutional council finds a provision of a treaty or of an international agreement unconstitutional, authorization to ratify and the ratification of the said treaty or agreement shall be deferred until the constitution is amended. article 45 duly approved or ratified treaties and international agreements shall, following the publication, override national laws, provided the other party implements the said treaty or agreement. part vii. the constitutional council article 46 the constitutional council shall have jurisdiction in matters pertaining to the constitution. it shall rule on the constitutionality of laws. it shall be the organ regulating the functioning of the institutions. article 47 the constitutional council shall give a final ruling on: the constitutionality of laws, treaties and international agreements; the constitutionality of the standing orders of the national assembly and the senate prior to their implementation; conflict of powers between state institutions; between the state and the regions, and between the regions. matters may be referred to the constitutional council by the president of the republic, the president of the national assembly, the president of the senate, one-third of the members of the national assembly or one-third of the senators. presidents of regional executives may refer matters to the constitutional council whenever the interests of their regions are at stake. laws as well as treaties and international agreements may, prior to their enactment, be referred to the constitutional council by the president of the republic, the president of the national assembly, the president of the senate, one-third of the members of the national assembly, one-third of the senators, or the presidents of the regional executives pursuant to the provisions of paragraph (2) above. enactment deadlines shall cease to lapse once an instrument has been referred to the constitutional council. the constitutional council shall advice in matters falling under its jurisdiction. article 48 the constitutional council shall ensure the regularity of presidential elections, parliamentary elections and referendum operations. it shall proclaim the results thereof. any challenges in respect of the regularity of one of the elections provided for in the preceding paragraph may be brought before the constitutional council by any candidate, political party that participated in the election in the constituency concerned or any person acting as government agent at the election. any challenges in respect of the regularity of a referendum may be referred to the constitutional council by the president of the republic, the president of the national assembly, the president of the senate, one-third of the members of the national assembly or one-third of the senators. article 49 in any case, the constitutional council shall give a ruling within a period of 15 (fifteen) days, once a matter has been referred to it. however, at the request of the president of the republic, such time-limit may be reduced to 8 (eight) days. article 50 rulings of the constitutional council shall not be subject to appeal. they shall be binding on all public, administrative, military and judicial authorities, as well as all natural persons and corporate bodies. a provision that has been declared unconstitutional may not be enacted or implemented. article 51 the constitutional council shall comprise 11 (eleven) members designated for an eventually renewable term of office of 6 (six) years. these members shall be chosen from among personalities of established professional renown. they must be of high moral integrity and proven competence. members of the constitutional council shall be appointed by the president of the republic. they shall be designated as follows: three, including the president of the council, by the president of the republic; three by the president of the national assembly after consultation with the bureau; three by the president of the senate after consultation with the bureau; two by the higher judicial council. besides the eleven members provided for above, former presidents of the republic shall be ex officio members of the constitutional council for life. in case of a tie, the president of the constitutional council shall have the casting vote. in the event of the death or resignation of a member or any other cause of incapacity or inability duly established by the competent bodies provided for by law, a replacement shall be designated by the competent authority or body concerned and appointed to complete the term of office. members of the constitutional council shall take the oath of office as laid down by law before parliament meeting in congress. the duties of member of the constitutional council shall be incompatible with those of member of government, of member of parliament or of the supreme court. other incompatibilities and matters relating to the status of members, namely obligations, immunities and privileges shall be laid down by law. article 52 a law shall lay down the organization and functioning of the constitutional council, the conditions for referring matters to its as well as the procedure applicable before it. part viii. the court of impeachment article 53 the court of impeachment shall have jurisdiction, in respect of acts committed in the exercise of their functions, to try; the president of the republic for high treason; the prime minister, members of government and persons ranking as such and senior government officials to whom powers have been delegated in pursuance of articles 10 and 12 above, for conspiracy against the security of the state. the president of the republic shall be indicted only by the national assembly and the senate deciding through an identical vote by open ballot and by a four-fifths majority of their members. acts committed by the president of the republic in pursuance of articles 5, 8, 9 and 10 above shall be covered by immunity and he shall not be accountable for them after the exercise of his functions. the organization, composition and conditions under which matters shall be referred to as well as the procedure applicable before the court of impeachment shall be laid down by law. part ix. the economic and social council article 54 there shall be an economic and social council whose composition, duties and organization shall be laid down by law. part x. regional and local authorities article 55 regional and local authorities of the republic shall comprise of regions and councils. any other such authority shall be created by law. regional and local authorities shall be public law corporate bodies. they shall have administrative and financial autonomy in the management of regional and local interests. they shall be freely administered by councils elected under conditions laid down by law. the duty of the councils of regional and local authorities shall be to promote the economic, social, health, educational, cultural and sports development of the said authorities. the state shall exercise supervisory powers over regional and local authorities, under conditions laid down by law. the state shall ensure the harmonious development of all the regional and local authorities on the basis of national solidarity, regional potentials and inter-regional balance. the organization, functioning and financial regulations of regional and local authorities shall be defined by law. the rules and regulations governing councils shall be defined by law. article 56 the state shall transfer to regions, under conditions laid down by law, jurisdiction in areas necessary for their economic, social, health, educational, cultural and sports development. the law shall define: the sharing of powers between the state and regions in the areas of competence so transferred. the resources of the regions. the land and property rights of each region. article 57 the organs of the region shall be the regional council and the president of the regional council. the regional council and the president of the regional council shall function within the framework of powers transferred to the region by the state. the regional council shall be the deliberative organ of the region. regional councillors whose term of office shall be 5 (five) years shall comprise: divisional delegates elected by indirect universal suffrage; representatives of traditional rulers elected by their peers. the regional councils shall reflect the various sociological components of the region. the system of election, number, proportion by category, rules governing ineligibility, incompatibilities and emoluments of regional councillors shall be laid down by law. the regional council shall be headed by an indigene of the region elected from among its members for the life of the council. the president of the regional council shall be the executive organ of the region. in this capacity, he shall be the interlocutor of the state representative. he shall be assisted by a regional bureau elected at the same time as himself from among the members of the council. the regional bureau shall reflect the sociological components of the region. members of parliament of the region shall sit in the regional council in an advisory capacity. article 58 a delegate, appointed by the president of the republic shall represent the state in the region. in this capacity, he shall be responsible for national interests, administrative control, ensuring compliance with the laws and regulations, as well as maintaining law and order. he shall, under the authority of the government, supervise and co-ordinate civil state services in the region. he shall exercise the supervisory authority of the state over the region. article 59 the regional council may be suspended by the president of the republic where such organ: carries out activities contrary to the constitution; undermines the security of the state or public law and order; endangers the state's territorial integrity. the other cases of suspension shall be laid down by law. the regional council may be dissolved by the president of the republic, after consultation with the constitutional council in all the cases provided for under paragraph (1) above. the other cases of dissolution shall be laid down by law. the automatic replacement of the said organ by the state in the cases provided for under paragraphs (1) and (2) above shall be decided by the president of the republic. the conditions of implementation of this article shall be determined by law. article 60 the president and the bureau of the regional council may be suspended by the president of the republic where such organs: carry out activities contrary to the constitution; undermine the security of the state or public law and order; endanger the state's territorial integrity. the other cases of suspension shall be laid down by law. the president and the bureau of the regional council may be dismissed by the president of the republic, after consultation with the constitutional council in all the cases provided for under paragraph (1) above. the other cases of dismissal shall be laid down by law. the automatic replacement of the said organs by the state in the cases provided for under paragraphs (1) and (2) above shall be decided by the president of the republic. the conditions of implementation of this article shall be determined by law. article 61 the following provinces shall become regions: adamaoua; centre; east; far north; littoral; north; north west; west; south; south west. the president of the republic may, as and when necessary: change the names and modify the geographical boundaries of the regions listed in paragraph (1) above; create other regions. in this case, he shall give them names and fix their geographical boundaries. article 62 the aforementioned rules and regulations shall apply to all regions. without prejudice to the provisions of this part, the law may take into consideration the specificities of certain regions with regard to their organization and functioning. part xi. amendment of the constitution article 63 amendments to the constitution may be proposed either by the president of the republic or by parliament. any proposed amendment made by a member of parliament shall be signed by at least one-third of the members of either house. parliament shall meet in congress when called upon to examine a draft or proposed amendment. the amendment shall be adopted by an absolute majority of the members of parliament. the president of the republic may request a second reading; in which case the amendment shall be adopted by a two-third majority of the members of parliament. the president of the republic may decide to submit any bill to amend the constitution to a referendum; in which case the amendment shall be adopted by a simple majority of the votes cast. article 64 no procedure for the amendment of the constitution affecting the republican form, unity and territorial integrity of the state and the democratic principles which govern the republic shall be accepted. part xii. special provisions article 65 the preamble shall be part and parcel of this constitution. article 66 the president of the republic, the prime minister, members of government and persons ranking as such, the president and members of the bureau of the national assembly, the president and members of the bureau of the senate, members of parliament, senators, all holders of an effective elective office, secretaries-general of ministries and person ranking as such, directors of the central administration, general managers of public and semi-public enterprises, judicial and legal officers, administrative personnel in charge of the tax base, collection and handling of public funds, all managers of public votes and property, shall declare their assets and property at the beginning and at the end of their tenure of office. the other categories of persons to whom the provisions of this article shall apply and the conditions of implementation thereof shall be determined by law. part xiii. transitional and final provisions article 67 the new institutions of the republic provided for under this constitution shall be set up progressively. while the institutions are being set up and until such time that they are set up, the existing institutions of the republic shall remain in place and shall continue to function: the incumbent president of the republic shall remain in office until the end of his current term, subject to the implementation of the provisions of article 6 (4) of this constitution; the members of parliament of the national assembly shall remain in office until the end of their current tern, subject to the implementation of the provisions of article 8 (12) above. the national assembly shall exercise full legislative power and enjoy all parliamentary prerogatives until the senate is set up. the supreme court shall perform the duties of the constitutional court until the latter is set up. the territorial organization of the state shall remain unchanged until the regions are set up. where the senate is put in place before the regions, the electoral college for the election of senators shall comprise exclusively of municipal councillors. article 68 the legislation applicable in the federal state of cameroon and in the federated states on the date of entry into force of this constitution shall remain in force insofar as it is not repugnant to this constitution, and as long as it is not amended by subsequent laws and regulations. article 69 this law shall be registered and published in the official gazette of the republic of cameroon in english and french and implemented as the constitution of the republic of cameroon. preamble we, the japanese people, acting through our duly elected representatives in the national diet, determined that we shall secure for ourselves and our posterity the fruits of peaceful cooperation with all nations and the blessings of liberty throughout this land, and resolved that never again shall we be visited with the horrors of war through the action of government, do proclaim that sovereign power resides with the people and do firmly establish this constitution. government is a sacred trust of the people, the authority for which is derived from the people, the powers of which are exercised by the representatives of the people, and the benefits of which are enjoyed by the people. this is a universal principle of mankind upon which this constitution is founded. we reject and revoke all constitutions, laws, ordinances, and rescripts in conflict herewith. we, the japanese people, desire peace for all time and are deeply conscious of the high ideals controlling human relationship, and we have determined to preserve our security and existence, trusting in the justice and faith of the peaceloving peoples of the world. we desire to occupy an honored place in an international society striving for the preservation of peace, and the banishment of tyranny and slavery, oppression and intolerance for all time from the earth. we recognize that all peoples of the world have the right to live in peace, free from fear and want. we believe that no nation is responsible to itself alone, but that laws of political morality are universal; and that obedience to such laws is incumbent upon all nations who would sustain their own sovereignty and justify their sovereign relationship with other nations. we, the japanese people, pledge our national honor to accomplish these high ideals and purposes with all our resources. chapter i. the emperor article 1 the emperor shall be the symbol of the state and of the unity of the people, deriving his position from the will of the people with whom resides sovereign power. article 2 the imperial throne shall be dynastic and succeeded to in accordance with the imperial house law passed by the diet. article 3 the advice and approval of the cabinet shall be required for all acts of the emperor in matters of state, and the cabinet shall be responsible therefor. article 4 the emperor shall perform only such acts in matters of state as are provided for in this constitution and he shall not have powers related to government. the emperor may delegate the performance of his acts in matters of state as may be provided by law. article 5 when, in accordance with the imperial house law, a regency is established, the regent shall perform his acts in matters of state in the emperor's name. in this case, paragraph one of the preceding article will be applicable. article 6 the emperor shall appoint the prime minister as designated by the diet. the emperor shall appoint the chief judge of the supreme court as designated by the cabinet. article 7 the emperor, with the advice and approval of the cabinet, shall perform the following acts in matters of state on behalf of the people: promulgation of amendments of the constitution, laws, cabinet orders and treaties. convocation of the diet. dissolution of the house of representatives. proclamation of general election of members of the diet. attestation of the appointment and dismissal of ministers of state and other officials as provided for by law, and of full powers and credentials of ambassadors and ministers. attestation of general and special amnesty, commutation of punishment, reprieve, and restoration of rights. awarding of honors. attestation of instruments of ratification and other diplomatic documents as provided for by law. receiving foreign ambassadors and ministers. performance of ceremonial functions. article 8 no property can be given to, or received by, the imperial house, nor can any gifts be made therefrom, without the authorization of the diet. chapter ii. renunciation of war article 9 aspiring sincerely to an international peace based on justice and order, the japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes. in order to accomplish the aim of the preceding paragraph, land, sea, and air forces, as well as other war potential, will never be maintained. the right of belligerency of the state will not be recognized. chapter iii. rights and duties of the people article 10 the conditions necessary for being a japanese national shall be determined by law. article 11 the people shall not be prevented from enjoying any of the fundamental human rights. these fundamental human rights guaranteed to the people by this constitution shall be conferred upon the people of this and future generations as eternal and inviolate rights. article 12 the freedoms and rights guaranteed to the people by this constitution shall be maintained by the constant endeavor of the people, who shall refrain from any abuse of these freedoms and rights and shall always be responsible for utilizing them for the public welfare. article 13 all of the people shall be respected as individuals. their right to life, liberty, and the pursuit of happiness shall, to the extent that it does not interfere with the public welfare, be the supreme consideration in legislation and in other governmental affairs. article 14 all of the people are equal under the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin. peers and peerage shall not be recognized. no privilege shall accompany any award of honor, decoration or any distinction, nor shall any such award be valid beyond the lifetime of the individual who now holds or hereafter may receive it. article 15 the people have the inalienable right to choose their public officials and to dismiss them. all public officials are servants of the whole community and not of any group thereof. universal adult suffrage is guaranteed with regard to the election of public officials. in all elections, secrecy of the ballot shall not be violated. a voter shall not be answerable, publicly or privately, for the choice he has made. article 16 every person shall have the right of peaceful petition for the redress of damage, for the removal of public officials, for the enactment, repeal or amendment of laws, ordinances or regulations and for other matters; nor shall any person be in any way discriminated against for sponsoring such a petition. article 17 every person may sue for redress as provided by law from the state or a public entity, in case he has suffered damage through illegal act of any public official. article 18 no person shall be held in bondage of any kind. involuntary servitude, except as punishment for crime, is prohibited. article 19 freedom of thought and conscience shall not be violated. article 20 freedom of religion is guaranteed to all. no religious organization shall receive any privileges from the state, nor exercise any political authority. no person shall be compelled to take part in any religious act, celebration, rite or practice. the state and its organs shall refrain from religious education or any other religious activity. article 21 freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed. no censorship shall be maintained, nor shall the secrecy of any means of communication be violated. article 22 every person shall have freedom to choose and change his residence and to choose his occupation to the extent that it does not interfere with the public welfare. freedom of all persons to move to a foreign country and to divest themselves of their nationality shall be inviolate. article 23 academic freedom is guaranteed. article 24 marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis. with regard to choice of spouse, property rights, inheritance, choice of domicile, divorce and other matters pertaining to marriage and the family, laws shall be enacted from the standpoint of individual dignity and the essential equality of the sexes. article 25 all people shall have the right to maintain the minimum standards of wholesome and cultured living. in all spheres of life, the state shall use its endeavors for the promotion and extension of social welfare and security, and of public health. article 26 all people shall have the right to receive an equal education correspondent to their ability, as provided by law. all people shall be obligated to have all boys and girls under their protection receive ordinary education as provided for by law. such compulsory education shall be free. article 27 all people shall have the right and the obligation to work. standards for wages, hours, rest and other working conditions shall be fixed by law. children shall not be exploited. article 28 the right of workers to organize and to bargain and act collectively is guaranteed. article 29 the right to own or to hold property is inviolable. property rights shall be defined by law, in conformity with the public welfare. private property may be taken for public use upon just compensation therefor. article 30 the people shall be liable to taxation as provided by law. article 31 no person shall be deprived of life or liberty, nor shall any other criminal penalty be imposed, except according to procedure established by law. article 32 no person shall be denied the right of access to the courts. article 33 no person shall be apprehended except upon warrant issued by a competent judicial officer which specifies the offense with which the person is charged, unless he is apprehended, the offense being committed. article 34 no person shall be arrested or detained without being at once informed of the charges against him or without the immediate privilege of counsel; nor shall he be detained without adequate cause; and upon demand of any person such cause must be immediately shown in open court in his presence and the presence of his counsel. article 35 the right of all persons to be secure in their homes, papers and effects against entries, searches and seizures shall not be impaired except upon warrant issued for adequate cause and particularly describing the place to be searched and things to be seized, or except as provided by article 33. each search or seizure shall be made upon separate warrant issued by a competent judicial officer. article 36 the infliction of torture by any public officer and cruel punishments are absolutely forbidden. article 37 in all criminal cases the accused shall enjoy the right to a speedy and public trial by an impartial tribunal. he shall be permitted full opportunity to examine all witnesses, and he shall have the right of compulsory process for obtaining witnesses on his behalf at public expense. at all times the accused shall have the assistance of competent counsel who shall, if the accused is unable to secure the same by his own efforts, be assigned to his use by the state. article 38 no person shall be compelled to testify against himself. confession made under compulsion, torture or threat, or after prolonged arrest or detention shall not be admitted in evidence. no person shall be convicted or punished in cases where the only proof against him is his own confession. article 39 no person shall be held criminally liable for an act which was lawful at the time it was committed, or of which he has been acquitted, nor shall he be placed in double jeopardy. article 40 any person, in case he is acquitted after he has been arrested or detained, may sue the state for redress as provided by law. chapter iv. the diet article 41 the diet shall be the highest organ of state power, and shall be the sole law-making organ of the state. article 42 the diet shall consist of two houses, namely the house of representatives and the house of councillors. article 43 both houses shall consist of elected members, representative of all the people. the number of the members of each house shall be fixed by law. article 44 the qualifications of members of both houses and their electors shall be fixed by law. however, there shall be no discrimination because of race, creed, sex, social status, family origin, education, property or income. article 45 the term of office of members of the house of representatives shall be four years. however, the term shall be terminated before the full term is up in case the house of representatives is dissolved. article 46 the term of office of members of the house of councillors shall be six years, and election for half the members shall take place every three years. article 47 electoral districts, method of voting and other matters pertaining to the method of election of members of both houses shall be fixed by law. article 48 no person shall be permitted to be a member of both houses simultaneously. article 49 members of both houses shall receive appropriate annual payment from the national treasury in accordance with law. article 50 except in cases provided by law, members of both houses shall be exempt from apprehension while the diet is in session, and any members apprehended before the opening of the session shall be freed during the term of the session upon demand of the house. article 51 members of both houses shall not be held liable outside the house for speeches, debates or votes cast inside the house. article 52 an ordinary session of the diet shall be convoked once per year. article 53 the cabinet may determine to convoke extraordinary sessions of the diet. when a quarter or more of the total members of either house makes the demand, the cabinet must determine on such convocation. article 54 when the house of representatives is dissolved, there must be a general election of members of the house of representatives within forty (40) days from the date of dissolution, and the diet must be convoked within thirty (30) days from the date of the election. when the house of representatives is dissolved, the house of councillors is closed at the same time. however, the cabinet may in time of national emergency convoke the house of councillors in emergency session. measures taken at such session as mentioned in the proviso of the preceding paragraph shall be provisional and shall become null and void unless agreed to by the house of representatives within a period of ten (10) days after the opening of the next session of the diet. article 55 each house shall judge disputes related to qualifications of its members. however, in order to deny a seat to any member, it is necessary to pass a resolution by a majority of two-thirds or more of the members present. article 56 business cannot be transacted in either house unless one-third or more of total membership is present. all matters shall be decided, in each house, by a majority of those present, except as elsewhere provided in the constitution, and in case of a tie, the presiding officer shall decide the issue. article 57 deliberation in each house shall be public. however, a secret meeting may be held where a majority of two-thirds or more of those members present passes a resolution therefor. each house shall keep a record of proceedings. this record shall be published and given general circulation, excepting such parts of proceedings of secret session as may be deemed to require secrecy. upon demand of one-fifth or more of the members present, votes of the members on any matter shall be recorded in the minutes. article 58 each house shall select its own president and other officials. each house shall establish its rules pertaining to meetings, proceedings and internal discipline, and may punish members for disorderly conduct. however, in order to expel a member, a majority of two-thirds or more of those members present must pass a resolution thereon. article 59 a bill becomes a law on passage by both houses, except as otherwise provided by the constitution. a bill which is passed by the house of representatives, and upon which the house of councillors makes a decision different from that of the house of representatives, becomes a law when passed a second time by the house of representatives by a majority of twothirds or more of the members present. the provision of the preceding paragraph does not preclude the house of representatives from calling for the meeting of a joint committee of both houses, provided for by law. failure by the house of councillors to take final action within sixty (60) days after receipt of a bill passed by the house of representatives, time in recess excepted, may be determined by the house of representatives to constitute a rejection of the said bill by the house of councillors. article 60 the budget must first be submitted to the house of representatives. upon consideration of the budget, when the house of councillors makes a decision different from that of the house of representatives, and when no agreement can be reached even through a joint committee of both houses, provided for by law, or in the case of failure by the house of councillors to take final action within thirty (30) days, the period of recess excluded, after the receipt of the budget passed by the house of representatives, the decision of the house of representatives shall be the decision of the diet. article 61 the second paragraph of the preceding article applies also to the diet approval required for the conclusion of treaties. article 62 each house may conduct investigations in relation to government, and may demand the presence and testimony of witnesses, and the production of records. article 63 the prime minister and other ministers of state may, at any time, appear in either house for the purpose of speaking on bills, regardless of whether they are members of the house or not. they must appear when their presence is required in order to give answers or explanations. article 64 the diet shall set up an impeachment court from among the members of both houses for the purpose of trying those judges against whom removal proceedings have been instituted. matters relating to impeachment shall be provided by law. chapter v. the cabinet article 65 executive power shall be vested in the cabinet. article 66 the cabinet shall consist of the prime minister, who shall be its head, and other ministers of state, as provided for by law. the prime minister and other ministers of state must be civilians. the cabinet, in the exercise of executive power, shall be collectively responsible to the diet. article 67 the prime minister shall be designated from among the members of the diet by a resolution of the diet. this designation shall precede all other business. if the house of representatives and the house of councillors disagree and if no agreement can be reached even through a joint committee of both houses, provided for by law, or the house of councillors fails to make designation within ten (10) days, exclusive of the period of recess, after the house of representatives has made designation, the decision of the house of representatives shall be the decision of the diet. article 68 the prime minister shall appoint the ministers of state. however, a majority of their number must be chosen from among the members of the diet. the prime minister may remove the ministers of state as he chooses. article 69 if the house of representatives passes a non-confidence resolution, or rejects a confidence resolution, the cabinet shall resign en masse, unless the house of representatives is dissolved within ten (10) days. article 70 when there is a vacancy in the post of prime minister, or upon the first convocation of the diet after a general election of members of the house of representatives, the cabinet shall resign en masse. article 71 in the cases mentioned in the two preceding articles, the cabinet shall continue its functions until the time when a new prime minister is appointed. article 72 the prime minister, representing the cabinet, submits bills, reports on general national affairs and foreign relations to the diet and exercises control and supervision over various administrative branches. article 73 the cabinet, in addition to other general administrative functions, shall perform the following functions: administer the law faithfully; conduct affairs of state. manage foreign affairs. conclude treaties. however, it shall obtain prior or, depending on circumstances, subsequent approval of the diet. administer the civil service, in accordance with standards established by law. prepare the budget, and present it to the diet. enact cabinet orders in order to execute the provisions of this constitution and of the law. however, it cannot include penal provisions in such cabinet orders unless authorized by such law. decide on general amnesty, special amnesty, commutation of punishment, reprieve, and restoration of rights. article 74 all laws and cabinet orders shall be signed by the competent minister of state and countersigned by the prime minister. article 75 the ministers of state, during their tenure of office, shall not be subject to legal action without the consent of the prime minister. however, the right to take that action is not impaired hereby. chapter vi. judiciary article 76 the whole judicial power is vested in a supreme court and in such inferior courts as are established by law. no extraordinary tribunal shall be established, nor shall any organ or agency of the executive be given final judicial power. all judges shall be independent in the exercise of their conscience and shall be bound only by this constitution and the laws. article 77 the supreme court is vested with the rule-making power under which it determines the rules of procedure and of practice, and of matters relating to attorneys, the internal discipline of the courts and the administration of judicial affairs. public procurators shall be subject to the rule-making power of the supreme court. the supreme court may delegate the power to make rules for inferior courts to such courts. article 78 judges shall not be removed except by public impeachment unless judicially declared mentally or physically incompetent to perform official duties. no disciplinary action against judges shall be administered by any executive organ or agency. article 79 the supreme court shall consist of a chief judge and such number of judges as may be determined by law; all such judges excepting the chief judge shall be appointed by the cabinet. the appointment of the judges of the supreme court shall be reviewed by the people at the first general election of members of the house of representatives following their appointment, and shall be reviewed again at the first general election of members of the house of representatives after a lapse of ten (10) years, and in the same manner thereafter. in cases mentioned in the foregoing paragraph, when the majority of the voters favors the dismissal of a judge, he shall be dismissed. matters pertaining to review shall be prescribed by law. the judges of the supreme court shall be retired upon the attainment of the age as fixed by law. all such judges shall receive, at regular stated intervals, adequate compensation which shall not be decreased during their terms of office. article 80 the judges of the inferior courts shall be appointed by the cabinet from a list of persons nominated by the supreme court. all such judges shall hold office for a term of ten (10) years with privilege of reappointment, provided that they shall be retired upon the attainment of the age as fixed by law. the judges of the inferior courts shall receive, at regular stated intervals, adequate compensation which shall not be decreased during their terms of office. article 81 the supreme court is the court of last resort with power to determine the constitutionality of any law, order, regulation or official act. article 82 trials shall be conducted and judgment declared publicly. where a court unanimously determines publicity to be dangerous to public order or morals, a trial may be conducted privately, but trials of political offenses, offenses involving the press or cases wherein the rights of people as guaranteed in chapter iii of this constitution are in question shall always be conducted publicly. chapter vii. finance article 83 the power to administer national finances shall be exercised as the diet shall determine. article 84 no new taxes shall be imposed or existing ones modified except by law or under such conditions as law may prescribe. article 85 no money shall be expended, nor shall the state obligate itself, except as authorized by the diet. article 86 the cabinet shall prepare and submit to the diet for its consideration and decision a budget for each fiscal year. article 87 in order to provide for unforeseen deficiencies in the budget, a reserve fund may be authorized by the diet to be expended upon the responsibility of the cabinet. the cabinet must get subsequent approval of the diet for all payments from the reserve fund. article 88 all property of the imperial household shall belong to the state. all expenses of the imperial household shall be appropriated by the diet in the budget. article 89 no public money or other property shall be expended or appropriated for the use, benefit or maintenance of any religious institution or association, or for any charitable, educational or benevolent enterprises not under the control of public authority. article 90 final accounts of the expenditures and revenues of the state shall be audited annually by a board of audit and submitted by the cabinet to the diet, together with the statement of audit, during the fiscal year immediately following the period covered. the organization and competency of the board of audit shall be determined by law. article 91 at regular intervals and at least annually the cabinet shall report to the diet and the people on the state of national finances. chapter viii. local self-government article 92 regulations concerning organization and operations of local public entities shall be fixed by law in accordance with the principle of local autonomy. article 93 the local public entities shall establish assemblies as their deliberative organs, in accordance with law. the chief executive officers of all local public entities, the members of their assemblies, and such other local officials as may be determined by law shall be elected by direct popular vote within their several communities. article 94 local public entities shall have the right to manage their property, affairs and administration and to enact their own regulations within law. article 95 a special law, applicable only to one local public entity, cannot be enacted by the diet without the consent of the majority of the voters of the local public entity concerned, obtained in accordance with law. chapter ix. amendments article 96 amendments to this constitution shall be initiated by the diet, through a concurring vote of two-thirds or more of all the members of each house and shall thereupon be submitted to the people for ratification, which shall require the affirmative vote of a majority of all votes cast thereon, at a special referendum or at such election as the diet shall specify. amendments when so ratified shall immediately be promulgated by the emperor in the name of the people, as an integral part of this constitution. chapter x. supreme law article 97 the fundamental human rights by this constitution guaranteed to the people of japan are fruits of the age-old struggle of man to be free; they have survived the many exacting tests for durability and are conferred upon this and future generations in trust, to be held for all time inviolate. article 98 this constitution shall be the supreme law of the nation and no law, ordinance, imperial rescript or other act of government, or part thereof, contrary to the provisions hereof, shall have legal force or validity. the treaties concluded by japan and established laws of nations shall be faithfully observed. article 99 the emperor or the regent as well as ministers of state, members of the diet, judges, and all other public officials have the obligation to respect and uphold this constitution. chapter xi. supplementary provisions article 100 this constitution shall be enforced as from the day when the period of six months will have elapsed counting from the day of its promulgation. the enactment of laws necessary for the enforcement of this constitution, the election of members of the house of councillors and the procedure for the convocation of the diet and other preparatory procedures necessary for the enforcement of this constitution may be executed before the day prescribed in the preceding paragraph. article 101 if the house of councillors is not constituted before the effective date of this constitution, the house of representatives shall function as the diet until such time as the house of councillors shall be constituted. article 102 the term of office for half the members of the house of councillors serving in the first term under this constitution shall be three years. members falling under this category shall be determined in accordance with law. article 103 the ministers of state, members of the house of representatives and judges in office on the effective date of this constitution, and all other public officials who occupy positions corresponding to such positions as are recognized by this constitution shall not forfeit their positions automatically on account of the enforcement of this constitution unless otherwise specified by law. when, however, successors are elected or appointed under the provisions of this constitution, they shall forfeit their positions as a matter of course. preamble the verkhovna rada of ukraine, on behalf of the ukrainian people citizens of ukraine of all nationalities, expressing the sovereign will of the people, based on the centuries-old history of ukrainian state-building and on the right to self-determination realised by the ukrainian nation, all the ukrainian people, providing for the guarantee of human rights and freedoms and of the worthy conditions of human life, caring for the strengthening of civil harmony on ukrainian soil, and confirming the european identity of the ukrainian people and the irreversibility of the european and euro-atlantic course of ukraine, striving to develop and strengthen a democratic, social, law-based state, aware of our responsibility before god, our own conscience, past, present and future generations, guided by the act of declaration of the independence of ukraine of 24 august 1991, approved by the national vote of 1 december 1991, adopts this constitution — the fundamental law of ukraine. chapter i. general principles article 1 ukraine is a sovereign and independent, democratic, social, law-based state. article 2 the sovereignty of ukraine extends throughout its entire territory. ukraine is a unitary state. the territory of ukraine within its present border is indivisible and inviolable. article 3 the human being, his or her life and health, honour and dignity, inviolability and security are recognised in ukraine as the highest social value. human rights and freedoms and their guarantees determine the essence and orientation of the activity of the state. the state is answerable to the individual for its activity. to affirm and ensure human rights and freedoms is the main duty of the state. article 4 there is single citizenship in ukraine. the grounds for the acquisition and termination of ukrainian citizenship are determined by law. article 5 ukraine is a republic. the people are the bearers of sovereignty and the only source of power in ukraine. the people exercise power directly and through bodies of state power and bodies of local self-government. the right to determine and change the constitutional order in ukraine belongs exclusively to the people and shall not be usurped by the state, its bodies or officials. no one shall usurp state power. article 6 state power in ukraine is exercised on the principles of its division into legislative, executive and judicial power. bodies of legislative, executive and judicial power exercise their authority within the limits established by this constitution and in accordance with the laws of ukraine. article 7 in ukraine, local self-government is recognised and guaranteed. article 8 in ukraine, the principle of the rule of law is recognised and effective. the constitution of ukraine has the highest legal force. laws and other normative legal acts are adopted on the basis of the constitution of ukraine and shall conform to it. the norms of the constitution of ukraine are norms of direct effect. appeals to the court in defence of the constitutional rights and freedoms of the individual and citizen directly on the grounds of the constitution of ukraine are guaranteed. article 9 international treaties that are in force, agreed to be binding by the verkhovna rada of ukraine, are part of the national legislation of ukraine. the conclusion of international treaties that contravene the constitution of ukraine is possible only after introducing relevant amendments to the constitution of ukraine. article 10 the state language of ukraine is the ukrainian language. the state ensures the comprehensive development and functioning of the ukrainian language in all spheres of social life throughout the entire territory of ukraine. in ukraine, the free development, use and protection of russian, and other languages of national minorities of ukraine, is guaranteed. the state promotes the learning of languages of international communication. the use of languages in ukraine is guaranteed by the constitution of ukraine and is determined by law. article 11 the state promotes the consolidation and development of the ukrainian nation, of its historical consciousness, traditions and culture, and also the development of the ethnic, cultural, linguistic and religious identity of all indigenous peoples and national minorities of ukraine. article 12 ukraine provides for the satisfaction of national and cultural, and linguistic needs of ukrainians residing beyond the borders of the state. article 13 the land, its mineral wealth, atmosphere, water and other natural resources within the territory of ukraine, the natural resources of its continental shelf, and the exclusive (maritime) economic zone, are objects of the right of property of the ukrainian people. ownership rights on behalf of the ukrainian people are exercised by bodies of state power and bodies of local self-government within the limits determined by this constitution. every citizen has the right to utilise the natural objects of the people's right of property in accordance with the law. property entails responsibility. property shall not be used to the detriment of the person and society. the state ensures the protection of the rights of all subjects of the right of property and economic management, and the social orientation of the economy. all subjects of the right of property are equal before the law. article 14 land is the fundamental national wealth that is under special state protection. the right of property to land is guaranteed. this right is acquired and realised by citizens, legal persons and the state, exclusively in accordance with the law. article 15 social life in ukraine is based on the principles of political, economic and ideological diversity. no ideology shall be recognised by the state as mandatory. censorship is prohibited. the state guarantees freedom of political activity not prohibited by the constitution and the laws of ukraine. article 16 to ensure ecological safety and to maintain the ecological balance on the territory of ukraine, to overcome the consequences of the chornobyl catastrophe a catastrophe of global scale, and to preserve the gene pool of the ukrainian people, is the duty of the state. article 17 to protect the sovereignty and territorial indivisibility of ukraine, and to ensure its economic and informational security are the most important functions of the state and a matter of concern for all the ukrainian people. the defence of ukraine and the protection of its sovereignty, territorial indivisibility and inviolability, are entrusted to the armed forces of ukraine. ensuring state security and protecting the state border of ukraine are entrusted to the respective military formations and law enforcement bodies of the state, whose organisation and operational procedure are determined by law. the armed forces of ukraine and other military formations shall not be used by anyone to restrict the rights and freedoms of citizens or with the intent to overthrow the constitutional order, subvert the bodies of power or obstruct their activity. the state ensures the social protection of citizens of ukraine who serve in the armed forces of ukraine and in other military formations as well as of members of their families. the creation and operation of any armed formations not envisaged by law are prohibited on the territory of ukraine. the location of foreign military bases shall not be permitted on the territory of ukraine. article 18 the foreign political activity of ukraine is aimed at ensuring its national interests and security by maintaining peaceful and mutually beneficial co-operation with members of the international community, according to generally acknowledged principles and norms of international law. article 19 the legal order in ukraine is based on the principles according to which no one shall be forced to do what is not envisaged by legislation. bodies of state power and bodies of local self-government and their officials are obliged to act only on the grounds, within the limits of authority, and in the manner envisaged by the constitution and the laws of ukraine. article 20 the state symbols of ukraine are the state flag of ukraine, the state coat of arms of ukraine and the state anthem of ukraine. the state flag of ukraine is a banner of two equally-sized horizontal bands of blue and yellow. the great state coat of arms of ukraine shall be established with the consideration of the small state coat of arms of ukraine and the coat of arms of the zaporozhian host, by the law adopted by no less than two-thirds of the constitutional composition of the verkhovna rada of ukraine. the main element of the great state coat of arms of ukraine is the emblem of the royal state of volodymyr the great (the small state coat of arms of ukraine). the state anthem of ukraine is the national anthem set to the music of m. verbytskyi, with words that are confirmed by the law adopted by no less than two-thirds of the constitutional composition of the verkhovna rada of ukraine. the description of the state symbols of ukraine and the procedure for their use shall be established by the law adopted by no less than two-thirds of the constitutional composition of the verkhovna rada of ukraine. the capital of ukraine is the city of kyiv. chapter ii. human and citizens' rights, freedoms and duties article 21 all people are free and equal in their dignity and rights. human rights and freedoms are inalienable and inviolable. article 22 human and citizens' rights and freedoms affirmed by this constitution are not exhaustive. constitutional rights and freedoms are guaranteed and shall not be abolished. the content and scope of existing rights and freedoms shall not be diminished in the adoption of new laws or in the amendment of laws that are in force. article 23 every person has the right to free development of his or her personality if the rights and freedoms of other persons are not violated thereby, and has duties before the society in which the free and comprehensive development of his or her personality is ensured. article 24 citizens have equal constitutional rights and freedoms and are equal before the law. there shall be no privileges or restrictions based on race, colour of skin, political, religious and other beliefs, sex, ethnic and social origin, property status, place of residence, linguistic or other characteristics. equality of the rights of women and men is ensured: by providing women with opportunities equal to those of men, in public and political, and cultural activity, in obtaining education and in professional training, in work and its remuneration; by special measures for the protection of work and health of women; by establishing pension privileges, by creating conditions that allow women to combine work and motherhood; by legal protection, material and moral support of motherhood and childhood, including the provision of paid leaves and other privileges to pregnant women and mothers. article 25 a citizen of ukraine shall not be deprived of citizenship and of the right to change citizenship. a citizen of ukraine shall not be expelled from ukraine or surrendered to another state. ukraine guarantees care and protection to its citizens who are beyond its borders. article 26 foreigners and stateless persons who are in ukraine on legal grounds enjoy the same rights and freedoms and also bear the same duties as citizens of ukraine, with the exceptions established by the constitution, laws or international treaties of ukraine. foreigners and stateless persons may be granted asylum by the procedure established by law. article 27 every person has the inalienable right to life. no one shall be arbitrarily deprived of life. the duty of the state is to protect human life. everyone has the right to protect his or her life and health, the lives and health of other persons against unlawful encroachments. article 28 everyone has the right to respect of his or her dignity. no one shall be subjected to torture, cruel, inhuman or degrading treatment or punishment that violates his or her dignity. no person shall be subjected to medical, scientific or other experiments without his or her free consent. article 29 every person has the right to freedom and personal inviolability. no one shall be arrested or held in custody other than pursuant to a substantiated court decision and only on the grounds and in accordance with the procedure established by law. in the event of an urgent necessity to prevent or stop a crime, bodies authorised by law may hold a person in custody as a temporary preventive measure, the reasonable grounds for which shall be verified by a court within seventy-two hours. the detained person shall be released immediately, if he or she has not been provided, within seventy-two hours from the moment of detention, with a substantiated court decision in regard to the holding in custody. everyone arrested or detained shall be informed without delay of the reasons for his or her arrest or detention, apprised of his or her rights, and from the moment of detention shall be given the opportunity to personally defend himself or herself, or to have the legal assistance of a defender. everyone detained has the right to challenge his or her detention in court at any time. relatives of an arrested or detained person shall be informed immediately of his or her arrest or detention. article 30 everyone is guaranteed the inviolability of his or her dwelling place. entry into a dwelling place or other possessions of a person, and the examination or search thereof, shall not be permitted, other than pursuant to a substantiated court decision. in urgent cases related to the preservation of human life and property or to the direct pursuit of persons suspected of committing a crime, another procedure established by law is possible for entry into a dwelling place or other possessions of a person, and for the examination and search thereof. article 31 everyone is guaranteed privacy of mail, telephone conversations, telegraph and other correspondence. exceptions shall be established only by a court in cases envisaged by law, with the purpose of preventing crime or ascertaining the truth in the course of the investigation of a criminal case, if it is not possible to obtain information by other means. article 32 no one shall be subject to interference in his or her personal and family life, except in cases envisaged by the constitution of ukraine. the collection, storage, use and dissemination of confidential information about a person without his or her consent shall not be permitted, except in cases determined by law, and only in the interests of national security, economic welfare and human rights. every citizen has the right to examine information about himself or herself, that is not a state secret or other secret protected by law, at the bodies of state power, bodies of local self-government, institutions and organisations. everyone is guaranteed judicial protection of the right to rectify incorrect information about himself or herself and members of his or her family, and of the right to demand that any type of information be expunged, and also the right to compensation for material and moral damages inflicted by the collection, storage, use and dissemination of such incorrect information. article 33 everyone who is legally present on the territory of ukraine is guaranteed freedom of movement, free choice of place of residence, and the right to freely leave the territory of ukraine, with the exception of restrictions established by law. a citizen of ukraine may not be deprived of the right to return to ukraine at any time. article 34 everyone is guaranteed the right to freedom of thought and speech, and to the free expression of his or her views and beliefs. everyone has the right to freely collect, store, use and disseminate information by oral, written or other means of his or her choice. the exercise of these rights may be restricted by law in the interests of national security, territorial indivisibility or public order, with the purpose of preventing disturbances or crimes, protecting the health of the population, the reputation or rights of other persons, preventing the publication of information received confidentially, or supporting the authority and impartiality of justice. article 35 everyone has the right to freedom of personal philosophy and religion. this right includes the freedom to profess or not to profess any religion, to perform alone or collectively and without constraint religious rites and ceremonial rituals, and to conduct religious activity. the exercise of this right may be restricted by law only in the interests of protecting public order, the health and morality of the population, or protecting the rights and freedoms of other persons. the church and religious organisations in ukraine are separated from the state, and the school from the church. no religion shall be recognised by the state as mandatory. no one shall be relieved of his or her duties before the state or refuse to perform the laws for reasons of religious beliefs. in the event that the performance of military duty is contrary to the religious beliefs of a citizen, the performance of this duty shall be replaced by alternative (nonmilitary) service. article 36 citizens of ukraine have the right to freedom of association in political parties and public organisations for the exercise and protection of their rights and freedoms and for the satisfaction of their political, economic, social, cultural and other interests, with the exception of restrictions established by law in the interests of national security and public order, the protection of the health of the population or the protection of rights and freedoms of other persons. political parties in ukraine promote the formation and expression of the political will of citizens, and participate in elections. only citizens of ukraine may be members of political parties. restrictions on membership in political parties are established exclusively by this constitution and the laws of ukraine. citizens have the right to take part in trade unions with the purpose of protecting their labour and socio-economic rights and interests. trade unions are public organisations that unite citizens bound by common interests that accord with the nature of their professional activity. trade unions are formed without prior permission on the basis of the free choice of their members. all trade unions have equal rights. restrictions on membership in trade unions are established exclusively by this constitution and the laws of ukraine. no one may be forced to join any association of citizens or be restricted in his or her rights for belonging or not belonging to political parties or public organisations. all associations of citizens are equal before the law. article 37 the establishment and activity of political parties and public associations are prohibited if their programme goals or actions are aimed at the liquidation of the independence of ukraine, the change of the constitutional order by violent means, the violation of the sovereignty and territorial indivisibility of the state, the undermining of its security, the unlawful seizure of state power, the propaganda of war and of violence, the incitement of inter-ethnic, racial, or religious enmity, and the encroachments on human rights and freedoms and the health of the population. political parties and public associations shall not have paramilitary formations. the creation and activity of organisational structures of political parties shall not be permitted within bodies of executive and judicial power and executive bodies of local self-government, in military formations, and also in state enterprises, educational establishments and other state institutions and organisations. the prohibition of the activity of associations of citizens is exercised only through judicial procedure. article 38 citizens have the right to participate in the administration of state affairs, in all-ukrainian and local referendums, to freely elect and to be elected to bodies of state power and bodies of local self-government. citizens enjoy the equal right of access to the civil service and to service in bodies of local self-government. article 39 citizens have the right to assemble peacefully without arms and to hold meetings, rallies, processions and demonstrations, upon notifying in advance the bodies of executive power or bodies of local self-government. restrictions on the exercise of this right may be established by a court in accordance with the law and only in the interests of national security and public order, with the purpose of preventing disturbances or crimes, protecting the health of the population, or protecting the rights and freedoms of other persons. article 40 everyone has the right to file individual or collective petitions, or to personally appeal to bodies of state power, bodies of local self-government, and to the officials and officers of these bodies, that are obliged to consider the petitions and to provide a substantiated reply within the term established by law. article 41 everyone has the right to own, use and dispose of his or her property, and the results of his or her intellectual and creative activity. the right of private property is acquired by the procedure determined by law. in order to satisfy their needs, citizens may use the objects of the right of state and communal property in accordance with the law. no one shall be unlawfully deprived of the right of property. the right of private property is inviolable. the expropriation of objects of the right of private property may be applied only as an exception for reasons of social necessity, on the grounds of and by the procedure established by law, and on the condition of advance and complete compensation of their value. the expropriation of such objects with subsequent complete compensation of their value is permitted only under conditions of martial law or a state of emergency. confiscation of property may be applied only pursuant to a court decision, in the cases, in the extent and by the procedure established by law. the use of property shall not cause harm to the rights, freedoms and dignity of citizens, the interests of society, aggravate the ecological situation and the natural qualities of land. article 42 everyone has the right to entrepreneurial activity that is not prohibited by law. the entrepreneurial activity of deputies, officials and officers of bodies of state power and of bodies of local self-government is restricted by law. the state ensures the protection of competition in entrepreneurial activity. the abuse of a monopolistic position in the market, the unlawful restriction of competition, and unfair competition, shall not be permitted. the types and limits of monopolies are determined by law. the state protects the rights of consumers, exercises control over the quality and safety of products and of all types of services and work, and promotes the activity of public consumer associations. article 43 everyone has the right to labour, including the possibility to earn one's living by labour that he or she freely chooses or to which he or she freely agrees. the state creates conditions for citizens to fully realise their right to labour, guarantees equal opportunities in the choice of profession and of types of labour activity, implements programmes of vocational education, training and retraining of personnel according to the needs of society. the use of forced labour is prohibited. military or alternative (non-military) service, and also work or service carried out by a person in compliance with a verdict or other court decision, or in accordance with the laws on martial law or on a state of emergency, are not considered to be forced labour. everyone has the right to proper, safe and healthy work conditions, and to remuneration no less than the minimum wage as determined by law. the employment of women and minors for work that is hazardous to their health, is prohibited. citizens are guaranteed protection from unlawful dismissal. the right to timely payment for labour is protected by law. article 44 those who are employed have the right to strike for the protection of their economic and social interests. the procedure for exercising the right to strike is established by law, taking into account the necessity to ensure national security, health protection, and rights and freedoms of other persons. no one shall be forced to participate or not to participate in a strike. the prohibition of a strike is possible only on the basis of the law. article 45 everyone who is employed has the right to rest. this right is ensured by providing weekly rest days and also paid annual vacation, by establishing a shorter working day for certain professions and industries, and reduced working hours at night. the maximum number of working hours, the minimum duration of rest and of paid annual vacation, days off and holidays as well as other conditions for exercising this right, are determined by law. article 46 citizens have the right to social protection that includes the right to provision in cases of complete, partial or temporary disability, the loss of the principal wage-earner, unemployment due to circumstances beyond their control and also in old age, and in other cases established by law. this right is guaranteed by general mandatory state social insurance on account of the insurance payments of citizens, enterprises, institutions and organisations, and also from budgetary and other sources of social security; by the establishment of a network of state, communal and private institutions to care for persons incapable of work. pensions and other types of social payments and assistance that are the principal sources of subsistence, shall ensure a standard of living not lower than the minimum living standard established by law. article 47 everyone has the right to housing. the state creates conditions that enable every citizen to build, purchase as property, or to rent housing. citizens in need of social protection are provided with housing by the state and bodies of local self-government, free of charge or at a price affordable for them, in accordance with the law. no one shall be forcibly deprived of housing other than on the basis of the law pursuant to a court decision. article 48 everyone has the right to a standard of living sufficient for himself or herself and his or her family that includes adequate nutrition, clothing and housing. article 49 everyone has the right to health protection, medical care and medical insurance. health protection is ensured through state funding of the relevant socio-economic, medical and sanitary, health improvement and prophylactic programmes. the state creates conditions for effective medical service accessible to all citizens. state and communal health protection institutions provide medical care free of charge; the existing network of such institutions shall not be reduced. the state promotes the development of medical institutions of all forms of ownership. the state provides for the development of physical culture and sports, and ensures sanitary-epidemic welfare. article 50 everyone has the right to an environment that is safe for life and health, and to compensation for damages inflicted through the violation of this right. everyone is guaranteed the right of free access to information about the environmental situation, the quality of food and consumer goods, and also the right to disseminate such information. no one shall make such information secret. article 51 marriage is based on the free consent of a woman and a man. each of the spouses has equal rights and duties in the marriage and family. parents are obliged to support their children until they attain the age of majority. adult children are obliged to care for their parents who are incapable of work. the family, childhood, motherhood and fatherhood are under the protection of the state. article 52 children are equal in their rights regardless of their origin and whether they are born in or out of wedlock. any violence against a child, or his or her exploitation, shall be prosecuted by law. the maintenance and upbringing of orphans and children deprived of parental care is entrusted to the state. the state encourages and supports charitable activity in regard to children. article 53 everyone has the right to education. complete general secondary education is compulsory. the state ensures accessible and free pre-school, complete general secondary, vocational and higher education in state and communal educational establishments; the development of preschool, complete general secondary, extra-curricular, vocational, higher and post-graduate education, various forms of instruction; the provision of state scholarships and privileges to pupils and students. citizens have the right to obtain free higher education in state and communal educational establishments on a competitive basis. citizens who belong to national minorities are guaranteed in accordance with the law the right to receive instruction in their native language, or to study their native language in state and communal educational establishments and through national cultural societies. article 54 citizens are guaranteed the freedom of literary, artistic, scientific and technical creativity, protection of intellectual property, their copyrights, moral and material interests that arise with regard to various types of intellectual activity. every citizen has the right to the results of his or her intellectual, creative activity; no one shall use or distribute them without his or her consent, with the exceptions established by law. the state promotes the development of science and the establishment of scientific relations of ukraine with the world community. cultural heritage is protected by law. the state ensures the preservation of historical monuments and other objects of cultural value, and takes measures to return to ukraine the cultural treasures of the nation, that are located beyond its borders. article 55 human and citizen’s rights and freedoms are protected by the court. everyone is guaranteed the right to challenge in court the decisions, actions or omission of bodies of state power, bodies of local self-government, officials and officers. everyone has the right to appeal for the protection of his or her rights to the authorised human rights representative of the verkhovna rada of ukraine. everyone shall be guaranteed the right to lodge a constitutional complaint to the constitutional court of ukraine on grounds defined in this constitution and under the procedure prescribed by law. after exhausting all domestic legal remedies, everyone has the right to appeal for the protection of his or her rights and freedoms to the relevant international judicial institutions or to the relevant bodies of international organisations of which ukraine is a member or participant. everyone has the right to protect his or her rights and freedoms from violations and illegal encroachments by any means not prohibited by law. article 56 everyone has the right to compensation, at the expense of the state or bodies of local self-government, for material and moral damages inflicted by unlawful decisions, actions or omission of bodies of state power, bodies of local self-government, their officials and officers during the exercise of their authority. article 57 everyone is guaranteed the right to know his or her rights and duties. laws and other normative legal acts that determine the rights and duties of citizens shall be brought to the notice of the population by the procedure established by law. laws and other normative legal acts that determine the rights and duties of citizens, but that are not brought to the notice of the population by the procedure established by law, are not in force. article 58 laws and other normative legal acts have no retroactive force, except in cases where they mitigate or annul the responsibility of a person. no one shall bear responsibility for acts that, at the time they were committed, were not deemed by law to be an offence. article 59 everyone has the right to professional legal assistance. such assistance is provided free of charge in cases envisaged by law. everyone is free to choose the defender of his or her rights. article 60 no one is obliged to execute rulings or orders that are manifestly criminal. for the issuance or execution of a manifestly criminal ruling or order, legal liability arises. article 61 for one and the same offence, no one shall be brought twice to legal liability of the same type. the legal liability of a person is of an individual character. article 62 a person is presumed innocent of committing a crime and shall not be subjected to criminal punishment until his or her guilt is proved through legal procedure and established by a court verdict of guilty. no one is obliged to prove his or her innocence of committing a crime. an accusation shall not be based on illegally obtained evidence as well as on assumptions. all doubts in regard to the proof of guilt of a person are interpreted in his or her favour. in the event that a court verdict is revoked as unjust, the state compensates the material and moral damages inflicted by the groundless conviction. article 63 a person shall not bear responsibility for refusing to testify or to explain anything about himself or herself, members of his or her family or close relatives in the degree determined by law. a suspect, an accused, or a defendant has the right to a defence. a convicted person enjoys all human and citizens' rights, with the exception of restrictions determined by law and established by a court verdict. article 64 constitutional human and citizens' rights and freedoms shall not be restricted, except in cases envisaged by the constitution of ukraine. under conditions of martial law or a state of emergency, specific restrictions on rights and freedoms may be established with the indication of the period of effectiveness of these restrictions. the rights and freedoms envisaged in articles 24, 25, 2 7, 28, 29, 40, 47, 51, 52, 55, 56, 57, 58, 59, 60, 61, 62 and 63 of this constitution shall not be restricted. article 65 defence of the motherland, of the independence and territorial indivisibility of ukraine, and respect for its state symbols, are the duties of citizens of ukraine. citizens perform military service in accordance with the law. article 66 everyone is obliged not to harm nature, cultural heritage and to compensate for any damage he or she inflicted. article 67 everyone is obliged to pay taxes and levies in accordance with the procedure and in the extent established by law. all citizens annually file declarations with the tax inspection at their place of residence, on their property status and income for the previous year, by the procedure established by law. article 68 everyone is obliged to strictly abide by the constitution of ukraine and the laws of ukraine, and not to encroach upon the rights and freedoms, honour and dignity of other persons. ignorance of the law shall not exempt from legal liability. chapter iii. elections; referendum article 69 the expression of the will of the people is exercised through elections, referendum and other forms of direct democracy. article 70 citizens of ukraine who have attained the age of eighteen on the day elections and referendums are held, have the right to vote at the elections and referendums. citizens deemed by a court to be incompetent do not have the right to vote. article 71 elections to bodies of state power and bodies of local self-government are free and are held on the basis of universal, equal and direct suffrage, by secret ballot. voters are guaranteed the free expression of their will. article 72. an all-ukrainian referendum is designated by the verkhovna rada of ukraine or by the president of ukraine, in accordance with their authority established by this constitution. an all-ukrainian referendum is called on popular initiative on the request of no less than three million citizens of ukraine who have the right to vote, on the condition that the signatures in favour of designating the referendum have been collected in no less than two-thirds of the oblasts, with no less than 100 000 signatures in each oblast. article 73 issues of altering the territory of ukraine are resolved exclusively by an all-ukrainian referendum. article 74 a referendum shall not be permitted in regard to draft laws on issues of taxes, the budget and amnesty. chapter iv. verkhovna rada of ukraine article 75 the sole body of legislative power in ukraine is the parliament — the verkhovna rada of ukraine. article 76 the constitutional composition of the verkhovna rada of ukraine consists of 450 national deputies of ukraine who are elected for a five-year term on the basis of universal, equal and direct suffrage, by secret ballot. a citizen of ukraine who has attained the age of twenty-one on the day of elections, has the right to vote, and has resided on the territory of ukraine for the past five years, may be a national deputy of ukraine. a citizen who has a criminal record for committing an intentional crime shall not be elected to the verkhovna rada of ukraine if the record is not cancelled and erased by the procedure established by law. the authority of national deputies of ukraine is determined by the constitution and the laws of ukraine. the term of office of the verkhovna rada of ukraine is five years. article 77 regular elections to the verkhovna rada of ukraine take place on the last sunday of october of the fifth year of the term of authority of the verkhovna rada of ukraine. special elections to the verkhovna rada of ukraine are designated by the president of ukraine and are held within sixty days from the day of the publication of the decision on the pre-term termination of authority of the verkhovna rada of ukraine. the procedure for conducting elections of national deputies of ukraine is established by law. article 78 national deputies of ukraine exercise their authority on a permanent basis. national deputies of ukraine shall not have another representative mandate, be in the civil service, hold any other paid offices, carry out other gainful or entreprenurial activity (with the exception of teaching, scientific, and creative activities), or be a member of the governing body or supervisory council of an enterprise or a profit-seeking organization. requirements concerning the incompatibility of the mandate of the deputy with other types of activity are established by law. where there emerge circumstances infringing requirements concerning the incompatibility of the deputy's mandate with other types of activity, the national deputy of ukraine shall within twenty days from the date of the emergence of such circumstances discontinue such activity or lodge a personal application for divesting of national deputy authority. article 79 before assuming office, national deputies of ukraine take the following oath before the verkhovna rada of ukraine: "i swear allegiance to ukraine. i commit myself with all my deeds to protect the sovereignty and independence of ukraine, to provide for the good of the motherland and for the welfare of the ukrainian people. i swear to abide by the constitution of ukraine and the laws of ukraine, to carry out my duties in the interests of all compatriots." the oath is read by the eldest national deputy of ukraine before the opening of the first session of the newly-elected verkhovna rada of ukraine, after which the deputies affirm the oath with their signatures below its text. the refusal to take the oath results in the loss of the mandate of the deputy. the authority of national deputies of ukraine commences from the moment of the taking of the oath. article 80 national deputies of ukraine are guaranteed parliamentary immunity. national deputies of ukraine are not legally liable for the results of voting or for statements made in parliament and in its bodies, with the exception of liability for insult or defamation. national deputies of ukraine shall not be held criminally liable, detained or arrested without the consent of the verkhovna rada of ukraine. article 81 the authority of national deputies of ukraine terminates simultaneously with the termination of authority of the verkhovna rada of ukraine. the authority of a national deputy of ukraine terminates prior to the expiration of the term in the event of: his or her resignation through a personal statement; a guilty verdict against him or her entering into legal force; a court declaring him or her incompetent or missing; termination of his or her citizenship or his or her departure from ukraine for permanent residence abroad; his or her failure, within twenty days from the date of the emergence of circumstances leading to the infringement of requirements concerning the incompatibility of the deputy's mandate with other types of activity, to remove such circumstances; his or her failure, as having been elected from a political party (an electoral bloc of political parties), to join the parliamentary faction representing the same political party (the same electoral bloc of political parties) or his or her exit from such a faction; his or her death. the pre-term termination of the authority of a national deputy of ukraine shall also be caused by the early termination, under the constitution of ukraine, of authority of the verkhovna rada of ukraine, with such termination of the deputy's authority taking effect on the date when the verkhovna rada of ukraine of a new convocation opens its first meeting. a decision on pre-term termination of the authority of a national deputy of ukraine on grounds referred to in subparagraphs (1), (4) of the second paragraph of this article shall be made by the verkhovna rada of ukraine, while the ground referred to in subparagraph (5) of the second paragraph of this article shall be a matter to be decided by court. where a guilty verdict against a national deputy of ukraine becomes legally effective or where a court declares a national deputy of ukraine incompetent or missing, his or her powers terminate on the date when the court decision becomes legally effective, while in the event of the deputy's death on the date of his or her death as certified by the relevant document. where a national deputy of ukraine, as having been elected from a political party (an electoral bloc of political parties), fails to join the parliamentary faction representing the same political party (the same electoral bloc of political parties) or exits from such a faction, the highest steering body of the respective political party (electoral bloc of political parties) shall decide to terminate early his or her authority on the basis of a law, with the termination taking effect on the date of such a decision. article 82 the verkhovna rada of ukraine works in sessions. the verkhovna rada of ukraine is competent on the condition that no less than two-thirds of its constitutional composition has been elected. the verkhovna rada of ukraine assembles for its first session no later than on the thirtieth day after the official announcement of the election results. the first meeting of the verkhovna rada of ukraine is opened by the eldest national deputy of ukraine. article 83 regular sessions of the verkhovna rada of ukraine commence on the first tuesday of february and on the first tuesday of september each year. special sessions of the verkhovna rada of ukraine, with the stipulation of their agenda, are convoked by the chairman of the verkhovna rada of ukraine, on the demand of no fewer national deputies of ukraine than one-third of the constitutional composition of the verkhovna rada of ukraine, or on the demand of the president of ukraine. in the event that the president of ukraine declares, by proclaiming a decree, martial law or a state of emergency upon the whole territory of ukraine or in some areas of the state, the verkhovna rada of ukraine shall assemble within two days without convocation. in the event that the term of authority of the verkhovna rada of ukraine expires while martial law or a state of emergency is in effect, its authority is extended until the day of the first meeting of the first session of the verkhovna rada of ukraine , elected after the cancellation of martial law or of the state of emergency. rules on the conduct of work of the verkhovna rada of ukraine shall be laid down in the constitution of ukraine and the rules of procedure of the verkhovna rada of ukraine. according to election results and on the basis of a common ground achieved between various political positions, a coalition of parliamentary factions shall be formed in the verkhovna rada of ukraine to include a majority of national deputies of ukraine within the constitutional composition of the verkhovna rada of ukraine. a coalition of parliamentary factions in the verkhovna rada of ukraine shall be formed within a month from the date of the first meeting of the verkhovna rada of ukraine to be held following regular or special elections to the verkhovna rada of ukraine, or within a month from the date when activities of a coalition of parliamentary factions in the verkhovna rada of ukraine terminated. a coalition of parliamentary factions in the verkhovna rada of ukraine submits to the president of ukraine, in accordance with this constitution, proposals concerning a candidature for the office of the prime minister of ukraine and also, in accordance with this constitution, submits proposals concerning candidatures for the membership of the cabinet of ministers of ukraine. framework for forming, organising, and terminating activities of a coalition of parliamentary factions in the verkhovna rada of ukraine shall be established by the constitution of ukraine and the rules of procedure of the verkhovna rada of ukraine. a parliamentary faction in the verkhovna rada of ukraine whose members make up a majority of national deputies of ukraine within the constitutional composition of the verkhovna rada of ukraine shall enjoy the same rights under this constitution as a coalition of parliamentary factions in the verkhovna rada of ukraine. article 84 meetings of the verkhovna rada of ukraine are conducted openly. a closed meeting is conducted on the decision of the majority of the constitutional composition of the verkhovna rada of ukraine. decisions of the verkhovna rada of ukraine are adopted exclusively at its plenary meetings by voting. voting at the meetings of the verkhovna rada of ukraine is performed by a national deputy of ukraine in person. article 85 the authority of the verkhovna rada of ukraine include: introducing amendments to the constitution of ukraine within the limits and under the procedure specified in chapter xiii of this constitution; designating an all-ukrainian referendum on issues referred to in article 73 of this constitution; adopting laws; approving the state budget of ukraine and introducing amendments thereto; exercising control over the implementation of the state budget of ukraine and adopting decision in regard to the report on its implementation; determining the principles of internal and foreign policy, realization of the strategic course of the state on acquiring full-fledged membership of ukraine in the european union and in the north atlantic treaty organization; approving national programmes of economic, scientific and technical, social, national and cultural development, and of the protection of the environment; calling elections of the president of ukraine within the terms specified in this constitution; hearing annual and special messages of the president of ukraine on the internal and external situation of ukraine; declaring war upon the submission by the president of ukraine and concluding peace; approving a decision by the president of ukraine on the use of the armed forces of ukraine and other military units in the event of armed aggression against ukraine; removing the president of ukraine from office under a special procedure (impeachment) as provided for in article 111 of this constitution; considering and adopting a decision in regard to the approval of the programme of activity of the cabinet of ministers of ukraine; appointing to office upon the submission by the president of ukraine the prime minister of ukraine, the minister of defence of ukraine, the minister of foreign affairs of ukraine; appointing to office upon the submission by the prime minister of ukraine other members of the cabinet of ministers of ukraine, the chairperson of the antimonopoly committee of ukraine, the head of the state committee on television and radio broadcasting of ukraine, and the head of the state property fund of ukraine; dismissing from office the officials mentioned above; deciding on the resignation of the prime minister of ukraine and of members of the cabinet of ministers of ukraine; appointing to office and dismissing from office upon the submission by the president of ukraine the head of the security service of ukraine; exercising control over activities of the cabinet of ministers of ukraine, in accordance with this constitution and law; confirming decisions on loans and economic aid to be granted by ukraine to foreign states and international organisations and also decisions on the receipt by ukraine of loans not envisaged by the state budget of ukraine from foreign states, banks and international financial organisations; exercising control over the use of such funds; adopting the rules of procedure of the verkhovna rada of ukrane; appointing to office and dismissing from office the chairperson and other members of the chamber of accounting; appointing to office and dismissing from office the authorised human rights representative of the verkhovna rada of ukraine; hearing his or her annual reports on the situation with regard to the observance and protection of human rights and freedoms in ukraine; appointing to office and dismissing from office the head of the national bank of ukraine upon the submission by the president of ukraine; appointing to office and dismissing one-half of the membership of the council of the national bank of ukraine; appointing to office and dismissing one-half of the membership of the national council of ukraine on television and radio broadcasting; appointing to office and dismissing from office, upon the submission of the president of ukraine, the members of the central electoral commission; approving the general structure and numerical strength of the security service of ukraine, the armed forces of ukraine, other military units created in accordance with laws of ukraine, and of the ministry of internal affairs of ukraine, as well as defining their functions; approving decisions on providing military assistance to other states, on sending units of the armed forces of ukraine to a foreign state, or on admitting units of armed forces of foreign states onto the territory of ukraine; establishing national symbols of ukraine; granting consent for appointment to office and dismissal by the president of ukraine of the prosecutor general; expressing no-confidence in the prosecutor general resulting in his or her dismissal from office; appointment of one-third of the composition of the constitutional court of ukraine; (repealed); early termination of the authority of the verkhovna rada of the autonomous republic of crimea where the constitutional court of ukraine finds that the verkhovna rada of the autonomous republic of crimea has violated the constitution of ukraine or laws of ukraine; calling special elections to the verkhovna rada of the autonomous republic of crimea; establishing and abolishing districts, establishing and altering the boundaries of districts and cities, assigning localities to the category of cities, naming and renaming localities and districts; calling regular and special elections to bodies of local self-government; giving its approval to decrees by the president of ukraine within two days from the moment of the president's address on introducing a state of martial law or of emergency in ukraine or in its some areas, on declaring total or partial mobilisation, and on declaring particular areas to be ecological emergency zones; granting consent by adopting a law to the binding nature of international treaties of ukraine and denouncing international treaties of ukraine; exercising parliamentary control within the scope provided for by this constitution and law; adopting decisions on forwarding an inquiry to the president of ukraine at request by a people's deputy of ukraine, a group of people's deputies of ukraine or by a committee of the verkhovna rada of ukraine, provided that such a request has been previously supported by no less than onethird of the constitutional composition of the verkhovna rada of ukraine; appointing to office and dismissing the head of staff of the verkhovna rada of ukraine; approving the budget of the verkhovna rada of ukraine and the structure of its staff; approving the list of objects owned by the state that are not subject to privatisation; establishing legal principles of the expropriation of objects of private ownership; approving by law of the constitution of the autonomous republic of crimea and amendments thereto. the verkhovna rada of ukraine shall also exercise other powers falling within its competence under the constitution of ukraine. article 86 at a session of the verkhovna rada of ukraine, a national deputy of ukraine has the right to present an inquiry to the bodies of the verkhovna rada of ukraine, the cabinet of ministers of ukraine, chief officers of other bodies of state power and bodies of local self-government, and also to the chief executives of enterprises, institutions and organisations located on the territory of ukraine, irrespective of their subordination and forms of ownership. chief officers of bodies of state power and bodies of local self-government, chief executives of enterprises, institutions and organisations are obliged to notify a national deputy of ukraine of the results of the consideration of his or her inquiry. article 87 the verkhovna rada of ukraine, on the proposal of the president of ukraine or no fewer national deputies of ukraine than one-third of its constitutional composition, may consider the issue of responsibility of the cabinet of ministers of ukraine and adopt a resolution of no confidence in the cabinet of ministers of ukraine by the majority of the constitutional composition of the verkhovna rada of ukraine. the issue of responsibility of the cabinet of ministers of ukraine shall not be considered by the verkhovna rada of ukraine more than once during one regular session, and also within one year after the approval of the programme of activity of the cabinet of ministers of ukraine or during the last session of the verkhovna rada of ukraine. article 88 the verkhovna rada of ukraine elects from among its members the chairman of the verkhovna rada of ukraine, the first deputy chairman and the deputy chairman of the verkhovna rada of ukraine, and recalls them from these offices. the chairman of the verkhovna rada of ukraine: presides at meetings of the verkhovna rada of ukraine; organises work of the verkhovna rada of ukraine and co-ordinates activities of its bodies; signs acts adopted by the verkhovna rada of ukraine; represents the verkhovna rada of ukraine in relations with other bodies of state power of ukraine and with the bodies of power of other states; organises the work of the staff of the verkhovna rada of ukraine. the chairman of the verkhovna rada of ukraine exercises authority envisaged by this constitution, by the procedure established by the rules of procedure of the verkhovna rada of ukraine. article 89 to perform the work of legislative drafting, to prepare and conduct the preliminary consideration of issues ascribed to its authority as well as to exercise control functions according to the constitution of ukraine the verkhovna rada of ukraine establishes from national deputies of ukraine committees of the verkhovna rada of ukraine, and elects chairmen to these committees, their first deputies, deputies and secretaries. the verkhovna rada of ukraine, within the limits of its authority, may establish temporary special commissions for the preparation and the preliminary consideration of issues. to investigate issues of public interest, the verkhovna rada of ukraine establishes temporary investigatory commissions, if no less than one-third of the constitutional composition of the verkhovna rada of ukraine has voted in favour thereof. the conclusions and proposals of temporary investigatory commissions are not decisive for investigation and court. the organisation and operational procedure of committees of the verkhovna rada of ukraine, and also its temporary special and temporary investigatory commissions, are established by law. article 90 the authority of the verkhovna rada of ukraine is terminated on the day of the opening of the first meeting of the verkhovna rada of ukraine of a new convocation. the president of ukraine may terminate the authority of the verkhovna rada of ukraine prior to the expiration of term, if: there is a failure to form within one month a coalition of parliamentary factions in the verkhovna rada of ukraine as provided for in article 83 of this constitution; there is a failure, within sixty days following the resignation of the cabinet of ministers of ukraine, to form the personal composition of the cabinet of ministers of ukraine; the verkhovna rada of ukraine fails, within thirty days of a single regular session, to commence its plenary meetings. the early termination of powers of the verkhovna rada of ukraine shall be decided by the president of ukraine following relevant consultations with the chairman and deputy chairmen of the verkhovna rada of ukraine and with chairmen of verkhovna rada parliamentary factions. the authority of the verkhovna rada of ukraine, that is elected at special elections conducted after the pre-term termination by the president of ukraine of authority of the verkhovna rada of ukraine of the previous convocation, shall not be terminate d within one year from the day of its election. the authority of the verkhovna rada of ukraine shall not be terminated during the last six months of the term of authority of the verkhovna rada of ukraine or president of ukraine. article 91 the verkhovna rada of ukraine adopts laws, resolutions and other acts by the majority of its constitutional composition, except in cases envisaged by this constitution. article 92 the following are determined exclusively by the laws of ukraine: human and citizens' rights and freedoms, the guarantees of these rights and freedoms; the main duties of the citizen; citizenship, the legal personality of citizens, the status of foreigners and stateless persons; the rights of indigenous peoples and national minorities; the procedure for the use of languages; the principles of the use of natural resources, the exclusive (maritime) economic zone and the continental shelf, the exploration of outer space, the organisation and operation of power supply systems, transportation and communications; the fundamentals of social protection, the forms and types of pension provision; the principles of the regulation of labour and employment, marriage, family, the protection of childhood, motherhood and fatherhood; upbringing, education, culture and health care; ecological safety; the legal regime of property; the legal principles and guarantees of entrepreneurship; the rules of competition and the norms of antimonopoly regulation; the principles of foreign relations, foreign economic activity and customs; the principles of the regulation of demographic and migration processes; the principles of the establishment and activity of political parties, other associations of citizens, and the mass media; the organisation and activity of bodies of executive power, the fundamentals of civil service, the organisation of state statistics and informatics; the territorial structure of ukraine; the judiciary, the judicial proceedings, the status of judges; the principles of judicial expertise; the organisation and operation of the prosecution, the notary, the bodies of pre-trial investigation, the bodies and institutions for the execution of punishments; the procedure for enforcement of the court decisions; the fundamentals of the organisation and functioning of the bar; the principles of local self-government; the status of the capital of ukraine; the special status of other cities; the fundamentals of national security, the organisation of the armed forces of ukraine and ensuring public order; the legal regime of the state border; the legal regime of martial law and a state of emergency, zones of an ecological emergency situation; the organisation and procedure for conducting elections and referendums; the organisation and operational procedure of the verkhovna rada of ukraine, the status of national deputies of ukraine; the principles of civil legal liability; acts that are crimes, administrative or disciplinary offences, and liability for them. the following are established exclusively by the laws of ukraine: the state budget of ukraine and the budgetary system of ukraine; the system of taxation, taxes and levies; the principles of the formation and operation of financial, monetary, credit and investment markets; the status of the national currency and also the status of foreign currencies on the territory of ukraine; the procedure for the formation and payment of state domestic and foreign debt; the procedure for the issuance and circulation of state securities, their types and forms; the procedure for deploying units of the armed forces of ukraine to other states; the procedure for admitting and the terms for stationing units of armed forces of other states on the territory of ukraine; units of weight, measure and time; the procedure for establishing state standards; the procedure for the use and protection of state symbols; state awards; military ranks, diplomatic and other special ranks; state holidays; the procedure for the establishment and functioning of free and other special zones that have an economic and migration regime different from the general regime. amnesty is declared by the law of ukraine. article 93 the right of legislative initiative in the verkhovna rada of ukraine belongs to the president of ukraine, the national deputies of ukraine, the cabinet of ministers of ukraine. draft laws defined by the president of ukraine as not postponable, are considered out of turn by the verkhovna rada of ukraine. article 94 the chairman of the verkhovna rada of ukraine signs a law and forwards it without delay to the president of ukraine. within fifteen days of the receipt of a law, the president of ukraine signs it, accepting it for execution, and officially promulgates it, or returns it to the verkhovna rada of ukraine with substantiated and formulated proposals for repeat consideration. in the event that the president of ukraine has not returned a law for repeat consideration within the established term, the law is deemed to be approved by the president of ukraine and shall be signed and officially promulgated. where a law, during its repeat consideration, is again adopted by the verkhovna rada of ukraine by no less than two-thirds of its constitutional composition, the president of ukraine is obliged to sign and to officially promulgate it within ten days. in the event that the president of ukraine does not sign such a law, it shall be without delay promulgated officially by the chairman of the verkhovna rada of ukraine and published under his or her signature. a law enters into force in ten days from the day of its official promulgation, unless otherwise envisaged by the law itself, but not prior to the day of its publication. article 95 the budgetary system of ukraine is built on the principles of just and impartial distribution of social wealth among citizens and territorial communities. any state expenditures for the needs of the entire society, the extent and purposes of these expenditures, are determined exclusively by the law on the state budget of ukraine. the state aspires to a balanced budget of ukraine. regular reports on revenues and expenditures of the state budget of ukraine shall be made public. article 96 the state budget of ukraine is annually approved by the verkhovna rada of ukraine for the period from 1 january to 31 december, and under special circumstances for a different period. the cabinet of ministers of ukraine submits the draft law on the state budget of ukraine for the following year to the verkhovna rada of ukraine no later than on 15 september of each year. the report on the course of the implementation of the state budget of ukraine in the current year is submitted together with the draft law. article 97 the cabinet of ministers of ukraine submits the report on the implementation of the state budget of ukraine to the verkhovna rada of ukraine in accordance with the law. the submitted report shall be made public. article 98 the chamber of accounting exercises control over state budget revenues and the use of state budget funds on behalf of the verkhovna rada of ukraine. the organisation, authority and operational procedure of the chamber of accounting shall be determined by law. article 99 the monetary unit of ukraine is the hryvnia. to ensure the stability of the monetary unit is the major function of the central bank of the state the national bank of ukraine. article 100 the council of the national bank of ukraine elaborates the basic principles of monetary and credit policy and exercises control over its execution. the legal status of the council of the national bank of ukraine is determined by law. article 101 the authorised human rights representative of the verkhovna rada of ukraine exercises parliamentary control over the observance of constitutional human and citizens' rights and freedoms. chapter v. president of ukraine article 102 the president of ukraine is the head of state and acts in its name. the president of ukraine is the guarantor of state sovereignty and territorial indivisibility of ukraine, the observance of the constitution of ukraine and human and citizens' rights and freedoms. the president of ukraine is a guarantor of the implementation of the strategic course of the state for gaining full-fledged membership of ukraine in the european union and the north atlantic treaty organization. article 103 the president of ukraine is elected by the citizens of ukraine for a five-year term, on the basis of universal, equal and direct suffrage, by secret ballot. a citizen of ukraine who has attained the age of thirty-five, has the right to vote, has resided in ukraine for the past ten years prior to the day of elections, and has command of the state language, may be elected as the president of ukraine. one and the same person shall not be the president of ukraine for more than two consecutive terms. the president of ukraine shall not have another representative mandate, hold office in bodies of state power or in associations of citizens, and also perform any other paid or entrepreneurial activity, or be a member of an administrative body or board of supervisors of an enterprise that is aimed at making profit. regular elections of the president of ukraine are held on the last sunday of march of the fifth year of the term of authority of the president of ukraine. in the event of pre-term termination of authority of the president of ukraine, elections of the president of ukraine are held within ninety days from the date of termination of the authority. the procedure for conducting elections of the president of ukraine is established by law. article 104 the newly-elected president of ukraine assumes office no later than in thirty days after the official announcement of the election results, from the moment of taking the oath to the people at a ceremonial meeting of the verkhovna rada of ukraine. the chairman of the constitutional court of ukraine administers the oath to the president of ukraine. the president of ukraine takes the following oath: "i, (name and surname), elected by the will of the people as the president of ukraine, assuming this high office, do solemnly swear allegiance to ukraine. i pledge with all my undertakings to protect the sovereignty and independence of ukraine, to provide for the good of the motherland and the welfare of the ukrainian people, to protect the rights and freedoms of citizens, to abide by the constitution of ukraine and the laws of ukraine, to exercise my duties in the interests of all compatriots, and to enhance the prestige of ukraine in the world." the president of ukraine, elected by special elections, takes the oath within five days after the official announcement of the election results. article 105 the president of ukraine enjoys the right of immunity during the term of authority. persons guilty of offending the honour and dignity of the president of ukraine are brought to responsibility on the basis of the law. the title of president of ukraine is protected by law and is reserved for the president for life, unless the president of ukraine has been removed from office by the procedure of impeachment. article 106 the president of ukraine: ensures state independence, national security and the legal succession of the state; addresses the people with messages and the verkhovna rada of ukraine with annual and special messages on the domestic and foreign situation of ukraine; represents the state in international relations, administers the foreign political activity of the state, conducts negotiations and concludes international treaties of ukraine; adopts decisions on the recognition of foreign states; appoints and dismisses heads of diplomatic missions of ukraine to other states and to international organisations; accepts credentials and letters of recall of diplomatic representatives of foreign states; designates an all-ukrainian referendum regarding amendments to the constitution of ukraine in accordance with article 156 of this constitution, proclaims an all-ukrainian referendum on popular initiative; designates special elections to the verkhovna rada of ukraine within the terms established by this constitution; terminates the authority of the verkhovna rada of ukraine in cases specified by this constitution; puts forward, upon the proposal by the parliamentary coalition formed in the verkhovna rada of ukraine as provided for by article 83 of the constitution of ukraine, the submission on the appointment by the verkhovna rada of ukraine of the prime minister of ukraine, no later than fifteen days after the receipt of such a proposal; puts forward to the verkhovna rada of ukraine the submission on the appointment of the minister of defence of ukraine and the minister of foreign affairs of ukraine; appoints to office and dismisses the prosecutor general upon the consent of the verkhovna rada of ukraine; appoints and dismisses one-half of the composition of the council of the national bank of ukraine; appoints and dismisses one-half of the composition of the national council of ukraine on television and radio broadcasting; puts forward to the verkhovna rada of ukraine the submission on the appointment to office and dismissal from office of the head of the security service of ukraine; suspends the operation of acts by the cabinet of ministers of ukraine on grounds of their inconsistency with this constitution and challenges concurrently the constitutionality of such acts before the constitutional court of ukraine; revokes acts of the council of ministers of the autonomous republic of crimea; is the commander-in-chief of the armed forces of ukraine; appoints to office and dismisses from office the high command of the armed forces of ukraine and other military formations; administers in the spheres of national security and defence of the state; heads the council of national security and defence of ukraine; puts forward to the verkhovna rada of ukraine the submission on the declaration of a state of war, and, in case of armed aggression against ukraine, adopts a decision on the use of the armed forces of ukraine and other military formations established in accordance with laws of ukraine; adopts a decision in accordance with the law on the general or partial mobilisation and the introduction of martial law in ukraine or in its particular areas, in the event of a threat of aggression, danger to the state independence of ukraine; adopts a decision, in the event of necessity, on the introduction of a state of emergency in ukraine or in its particular areas, and also in the event of necessity, declares certain areas of ukraine as zones of an ecological emergency situation — with subsequent confirmation of these decisions by the verkhovna rada of ukraine; appoints to office one-third of the composition to the constitutional court of ukraine; establishes courts by the procedure determined by law; confers high military ranks, high diplomatic and other high special ranks and class orders; confers state awards; establishes presidential distinctions and confers them; adopts decisions on the acceptance for citizenship of ukraine and the termination of citizenship of ukraine, and on the granting of asylum in ukraine; grants pardons; creates, within the limits of the funds envisaged in the state budget of ukraine, consultative, advisory and other subsidiary bodies and services for the exercise of his or her authority; signs laws adopted by the verkhovna rada of ukraine; has the right to veto laws adopted by the verkhovna rada of ukraine (except for laws on amendments to the constitution of ukraine) with their subsequent return for repeat consideration by the verkhovna rada of ukraine; exercises other powers determined by the constitution of ukraine. the president of ukraine shall not transfer his or her powers to other persons or bodies. the president of ukraine, on the basis and for the execution of the constitution and the laws of ukraine, issues decrees and directives that are mandatory for execution on the territory of ukraine. acts of the president of ukraine, issued within the limits of authority as envisaged in subparagraphs 5, 18, 21 of this article, are countersigned by the prime minister of ukraine and the minister responsible for the act and its execution. article 107 the council of national security and defence of ukraine is the co-ordinating body to the president of ukraine on issues of national security and defence. the council of national security and defence of ukraine co-ordinates and controls the activity of bodies of executive power in the sphere of national security and defence. the president of ukraine is the chairman of the council of national security and defence of ukraine. the president of ukraine forms the personal composition of the council of national security and defence of ukraine. the prime minister of ukraine, the minister of defence of ukraine, the head of the security service of ukraine, the minister of internal affairs of ukraine and the minister of foreign affairs of ukraine, are ex officio members of the council of nation al security and defence of ukraine. the chairman of the verkhovna rada of ukraine may take part in the meetings of the council of national security and defence of ukraine. decisions of the council of national security and defence of ukraine are put into effect by decrees of the president of ukraine. the competence and functions of the council of national security and defence of ukraine are determined by law. article 108 the president of ukraine exercises his or her powers until the assumption of office by the newly-elected president of ukraine. the powers of the president of ukraine terminate prior to the expiration of term in cases of: resignation; inability to exercise his or her powers for reasons of health; removal from office by the procedure of impeachment; death. article 109 the resignation of the president of ukraine enters into force from the moment he or she personally announces the statement of resignation at a meeting of the verkhovna rada of ukraine. article 110 the inability of the president of ukraine to exercise his or her authority for reasons of health shall be determined at a meeting of the verkhovna rada of ukraine and confirmed by a decision adopted by the majority of its constitutional composition on the basis of a petition of the supreme court – on the appeal of the verkhovna rada of ukraine, and a medical opinion. article 111 the president of ukraine may be removed from office by the verkhovna rada of ukraine by the procedure of impeachment, in the event that he or she commits state treason or other crime. the issue of the removal of the president of ukraine from office by the procedure of impeachment is initiated by the majority of the constitutional composition of the verkhovna rada of ukraine. to conduct the investigation, the verkhovna rada of ukraine establishes a special temporary investigatory commission whose composition includes a special procurator and special investigators. the conclusions and proposals of the temporary investigatory commission are considered at a meeting of the verkhovna rada of ukraine. for cause, the verkhovna rada of ukraine, by no less than two-thirds of its constitutional composition, adopts a decision on the accusation of the president of ukraine. the decision on the removal of the president of ukraine from office by the procedure of impeachment is adopted by the verkhovna rada of ukraine by no less than three-quarters of its constitutional composition, after the review of the case by the constitutional court of ukraine and the receipt of its opinion on the observance of the constitutional procedure of investigation and consideration of the case of impeachment, and the receipt of the opinion of the supreme court that the acts, of which the president of ukraine is accused, contain elements of state treason or other crime. article 112 in the event of the pre-term termination of authority of the president of ukraine in accordance with articles 108, 109, 110 and 111 of this constitution, the execution of duties of the president of ukraine, for the period pending the elections and the assumption of office of the new president of ukraine, is vested in the chairman of the verkhovna rada of ukraine. the chairman of the verkhovna rada of ukraine, for the period of executing the duties of the president of ukraine, shall not exercise the powers envisaged by subparagraphs 2, 6, 8, 10-13, 22, 24, 25, 27 and 28 of article 106 of the constitution of ukraine. chapter vi. cabinet of ministers of ukraine; other bodies of executive power article 113 the cabinet of ministers of ukraine is the highest body in the system of bodies of executive power. the cabinet of ministers of ukraine is responsible to the president of ukraine and the verkhovna rada of ukraine and is under the control of and accountable to the verkhovna rada of ukraine within the limits envisaged in the constitution of ukraine. the cabinet of ministers of ukraine is guided in its activity by the constitution and the laws of ukraine and by the acts of the president of ukraine and resolutions made by the verkhovna rada of ukraine in accordance with the constitution and the laws of ukraine. article 114 the cabinet of ministers of ukraine is composed of the prime minister of ukraine, the first vice prime minister, vice prime ministers and ministers. the prime minister of ukraine is appointed by the verkhovna rada of ukraine upon the submission by the president of ukraine. the name of a candidate for the office of the prime minister of ukraine is put forward by the president of ukraine upon the proposal by the parliamentary coalition formed in the verkhovna rada of ukraine as provided for in article 83 of the constitution of ukraine or by a parliamentary faction whose national deputies of ukraine make up a majority of the constitutional composition of the verkhovna rada of ukraine. the minister of defence of ukraine and the minister of foreign affairs of ukraine are appointed by the verkhovna rada of ukraine upon the submission by the president of ukraine; the other members of the cabinet of ministers of ukraine are appointed by the verkhovna rada of ukraine upon the submission by the prime minister of ukraine. the prime minister of ukraine manages the work of the cabinet of ministers of ukraine and directs it for the implementation of the programme of activity of the cabinet of ministers of ukraine adopted by the verkhovna rada of ukraine. article 115 the cabinet of ministers of ukraine divests itself of its powers before the newly elected verkhovna rada of ukraine. the prime minister of ukraine, other members of the cabinet of ministers of ukraine, have the right to announce their resignation to the verkhovna rada of ukraine. the resignation of the prime minister of ukraine or the adoption by the verkhovna rada of ukraine of a resolution of no confidence in the cabinet of ministers of ukraine shall result in the resignation of the entire cabinet of ministers of ukraine. in such cases, the verkhovna rada of ukraine shall form a new cabinet of ministers of ukraine within the terms and under the procedure provided for by this constitution. the cabinet of ministers of ukraine that has divested itself of its powers before the newly elected verkhovna rada of ukraine or whose resignation has been accepted by the verkhovna rada of ukraine shall continue to exercise its powers until the newly formed cabinet of ministers of ukraine starts its work. article 116 the cabinet of ministers of ukraine: ensures the state sovereignty and economic independence of ukraine, the implementation of domestic and foreign policy of the state, the execution of the constitution and the laws of ukraine, and the acts of the president of ukraine; provides the implementation of the strategic course of the state for gaining full-fledged membership of ukraine in the european union and the north atlantic treaty organization. takes measures to ensure human and citizens' rights and freedoms; ensures the implementation of financial, pricing, investment and taxation policy; the policy in the spheres of labour and employment of the population, social security, education, science and culture, environmental protection, ecological safety and the utilisation of nature; elaborates and implements national programmes of economic, scientific and technical, and social and cultural development of ukraine; ensures equal conditions of development of all forms of ownership; administers the management of objects of state property in accordance with the law; elaborates the draft law on the state budget of ukraine and ensures the implementation of the state budget of ukraine approved by the verkhovna rada of ukraine, and submits a report on its implementation to the verkhovna rada of ukraine; takes measures to ensure the defence capability and national security of ukraine, public order and to combat crime; organises and ensures the implementation of the foreign economic activity of ukraine, and the operation of customs; directs and co-ordinates the operation of ministries and other bodies of executive power; sets up, re-organises, and liquidates, in accordance with law, ministries and other central bodies of executive power, acting therewith within the limits of funds allocated for the maintenance of bodies of executive power; appoints to office and dismisses from office, upon the submission by the prime minister of ukraine, the heads of central bodies of executive power who are not members of the cabinet of ministers of ukraine; exercises other powers determined by the constitution and the laws of ukraine. article 117 the cabinet of ministers of ukraine, within the limits of its competence, issues resolutions and orders that are mandatory for execution. acts of the cabinet of ministers of ukraine are signed by the prime minister of ukraine. normative legal acts of the cabinet of ministers of ukraine, ministries and other central bodies of executive power, are subject to registration through the procedure established by law. article 118 the executive power in oblasts, districts, and in the cities of kyiv and sevastopol is exercised by local state administrations. particular aspects of the exercise of executive power in the cities of kyiv and sevastopol are determined by special laws of ukraine. the composition of local state administrations is formed by heads of local state administrations. heads of local state administrations are appointed to office and dismissed from office by the president of ukraine upon the submission of the cabinet of ministers of ukraine. in the exercise of their duties, the heads of local state administrations are responsible to the president of ukraine and to the cabinet of ministers of ukraine, and are accountable to and under the control of bodies of executive power of a higher level. local state administrations are accountable to and under the control of councils in the part of the authority delegated to them by the respective district or oblast councils. local state administrations are accountable to and under the control of the bodies of executive power of a higher level. decisions of the heads of local state administrations that contravene the constitution and the laws of ukraine, other acts of legislation of ukraine, may be revoked by the president of ukraine or by the head of the local state administration of a higher level, in accordance with the law. an oblast or district council may express no confidence in the head of the respective local state administration, on which grounds the president of ukraine adopts a decision and provides a substantiated reply. if two-thirds of the deputies of the composition of the respective council express no confidence in the head of a district or oblast state administration, the president of ukraine adopts a decision on the resignation of the head of the local state administration. article 119 local state administrations on their respective territory ensure: the execution of the constitution and the laws of ukraine, acts of the president of ukraine, acts of the cabinet of ministers of ukraine and other bodies of executive power; legality and legal order; the observance of laws and freedoms of citizens; the implementation of national and regional programmes for socio-economic and cultural development, programmes for environmental protection, and also — in places of compact residence of indigenous peoples and national minorities — programmes for their national and cultural development; the preparation and implementation of respective oblast and district budgets; the report on the implementation of respective budgets and programmes; interaction with bodies of local self-government; the realisation of other powers vested by the state and also delegated by the respective councils. article 120 members of the cabinet of ministers of ukraine and chief officers of central and local bodies of executive power do not have the right to combine their official activity with other work (except for teaching, scientific and creative activity outside of working hours), or to be members of a governing body or supervisory council of an enterprise or profit-seeking organisation. the organisation, authority and operational procedure of the cabinet of ministers of ukraine, and other central and local bodies of executive power, are determined by the constitution and the laws of ukraine. chapter vii. prosecution office (repealed). article 121 (repealed). article 122 (repealed). article 123 (repealed). chapter viii. justice article 124 justice in ukraine is administered exclusively by courts. delegation of court's functions as well as appropriation of these functions by other bodies or officials is not permitted. the jurisdiction of the courts covers any legal dispute and any criminal charge. courts consider also other matters in cases prescribed by the law. mandatory pre-trial dispute resolution procedures may be provided for in the law. the people directly participate in the administration of justice through jurors. ukraine may recognise the jurisdiction of the international criminal court as provided for by the rome statute of the international criminal court (paragraph six of article 124 becomes effective from june 30, 2019). article 125 the judiciary system in ukraine is based on the principles of territoriality and specialisation and is defined by the law. court is established, reorganised and dissolved by law, which draft shall be submitted to the verkhovna rada of ukraine by the president of ukraine after consultation with the high council of justice. the supreme court is the highest court in the system of judiciary in ukraine. higher specialised courts may function in accordance with the law. administrative courts function to protect human rights, freedoms, and interests of a person in the sphere of public law. establishment of extraordinary and special courts is not permitted. article 126 independence and inviolability of a judge are guaranteed by the constitution and laws of ukraine. any influence on a judge is prohibited. judge shall not be detained or kept under custody or under arrest without the consent of the high council of justice until a guilty verdict is rendered by a court, except for detention of a judge caught committing serious or grave crime or immediately after it. judge is not held liable for the court decision rendered by him or her, except the cases of committing a crime or a disciplinary offence. judge holds an office for an unlimited term. the grounds to dismiss a judge are the following: inability to exercise his or her authority for health reasons; violation by a judge of the incompatibility requirements; commission by him or her of a serious disciplinary offence, flagrant or permanent disregard of his or her duties incompatible with the status of judge or reveal his or her non-conformity with being in the office; submission of a statement of resignation or voluntary dismissal from office; refusal to be removed from one court to another in case the court in which a judge holds the office is to be dissolved or reorganised; violation of the obligation to justify the legality of the origin of property. the powers of a judge shall be terminated in case of: the judge's attainment of the age of sixty-five; termination of ukraine's citizenship or acquiring by a judge citizenship of another state; taking effect of a court decision on recognition or declaration of a judge missing or dead, or on recognition of a judge to be legally incapable or partially legally incapable; death of a judge; taking effect of a guilty verdict against him or her for committing a crime. the state ensures the personal security of a judge and members of his or her family. article 127 justice is administered by judges. in cases prescribed by law justice is administered with participation of jurors. judge shall not belong to political parties, trade unions, take part in any political activity, hold a representative mandate, occupy any other paid office, engage in other paid work except academic, teaching or creative activity. a citizen of ukraine, not younger than the age of thirty and not older than sixty-five, who has a higher legal education and has professional experience in the sphere of law for no less than five years, is competent, honest and has command of the state language may be appointed to the office of a judge. additional requirements to be appointed to the office of a judge may be provided for in the law. as for judges of specialised courts other requirements with regard to education and professional experience may be provided by law. article 128 judge is appointed to office by the president of ukraine on submission of the high council of justice according to the procedure prescribed by law. judge is appointed on competition basis, except the cases provided for in the law. the chairperson of the supreme court is elected to office and dismissed at the plenary sitting of the supreme court by secret ballot, according to the procedure prescribed by law. article 129 while administering justice, a judge is independent and governed by the rule of law. the main principles of justice are: equality of all participants in a trial before the law and the court; ensuring the guilt to be proved; adversarial procedure and freedom of the parties to present their evidence to the court and to prove the weight of evidence before the court; exercising public prosecution by the prosecutor in court; ensuring to an accused the right to defence; openness of a trial and its complete recording by technical means; reasonable time of case consideration by a court; ensuring the right to appeal and, in cases prescribed by law, the right to cassation of court decision; the legally binding nature of a court decision. other principles of justice can be determined by law. justice is administered by a single judge, by a panel of judges, or by jurors. persons found guilty of contempt of court or against a judge shall be held legally liable". article 129-1 a court renders the decision in the name of ukraine. the court decision is legally binding and is to be enforced. the state ensures that a court decision is enforced according to the procedure prescribed by law. the court supervises the enforcement of the court decision. article 130 the state ensures funding and proper conditions for the operation of courts and the activity of judges. expenditures for the maintenance of courts are allocated separately in the state budget of ukraine, taking into account proposals of the high council of justice. remuneration of judges is defined by the law on judiciary. article 130-1 judicial self-governance operates pursuant to the law protecting professional interests of judges and deciding internal activity of the courts. article 131 in ukraine, the high council of justice functions which: presents submission for the appointment of a judge to office; decides on the violation by a judge or a prosecutor of the incompatibility requirements; reviews complaints on decisions of the relevant body imposing disciplinary liability on a judge or a prosecutor; decides on dismissal of a judge from office; grants consent for detention of a judge or keeping him or her under custody; decides on temporal withdrawal of the authority of a judge to administer justice; takes measures to ensure independence of judges; decides on transfer of a judge; exercises other powers defined by the constitution and laws of ukraine. the high council of justice consists of twenty-one members: ten of them are elected by the congress of judges of ukraine among judges or retired judges; two of them are appointed by the president of ukraine; two of them are elected by the verkhovna rada of ukraine; two of them are elected by the congress of advocates of ukraine; two of them are elected by the all-ukrainian conference of public prosecutors; two of them are elected by the congress of representatives of law schools and law academic institutions. the procedure for election (appointment) of members of the high council of justice to office is prescribed by law. the chairperson of the supreme court is a member of the high council of justice ex officio. term of the office for elected (appointed) members of the high council of justice is four years. the same person cannot hold the office of a member of the high council of justice for two consecutive terms. a member of the high council of justice shall not belong to political parties, trade unions, take part in any political activity, hold a representative mandate, occupy any other paid office (except for the office of the chairperson of the supreme court), engage in other paid work except academic, teaching or creative activity. member of the high council of justice shall be a legal professional and meet the requirement of political neutrality. additional requirements for member of the high council of justice may be provided for in the law. the high council of justice is competent if not less than fifteen its members, the majority of whom being judges, are elected (appointed). in the system of the judiciary, according to the law, there are established bodies and institutions which provide selection of judges, prosecutors, their professional training, assessment, consider disciplinary responsibility cases, provide financial and organisational support for the courts. article 131-1 in ukraine, public prosecutor's office functions which exercises: public prosecution in the court; organisation and procedural leadership during pre-trial investigation, decision of other matters in criminal proceeding in accordance with the law, supervision of undercover and other investigative and search activities of law enforcement agencies; representation of interests of the state in the court in exceptional cases and under procedure prescribed by law. organisation and functioning of the public prosecutor's office is determined by law. public prosecutor's office in ukraine is headed by the prosecutor general who is appointed to office and dismissed by the president of ukraine on the consent of the verkhovna rada of ukraine. the term of the office of the prosecutor general is six years. the same person can not hold the office of the prosecutor general for two consecutive terms. the prosecutor general is early dismissed from his or her office exclusively in cases and on grounds prescribed by this constitution and law. article 131-2 in ukraine, the bar is functioning to provide professional legal assistance. the independence of the bar is guaranteed. the fundamentals of organisation and functioning of the bar and advocates' activity in ukraine is defined by law. only an advocate represents another person before the court and defends a person against prosecution. exceptions for representation before the court in labour disputes, social rights protection disputes, disputes related to elections and referendums or in disputes of minor importance, and for representation before the court of minors or adolescents, declared by court legally incapable or partially legally incapable can be determined by law. chapter ix. territorial structure of ukraine article 132 the territorial structure of ukraine is based on the principles of unity and indivisibility of the state territory, the combination of centralisation and decentralisation in the exercise of state power, and the balanced socio-economic development of regions that takes into account their historical, economic, ecological, geographical and demographic characteristics, and ethnic and cultural traditions. article 133 the system of the administrative and territorial structure of ukraine is composed of the autonomous republic of crimea, oblasts, districts, cities, city districts, settlements and villages. ukraine is composed of the autonomous republic of crimea, vinnytsia oblast, volyn oblast, dnipropetrovsk oblast, donetsk oblast, zhytomyr oblast, zakarpattia oblast, zaporizhia oblast, ivano-frankivsk oblast, kyiv oblast, kirovohrad oblast, luhansk oblast, lviv oblast, mykolaiv oblast, odesa oblast, poltava oblast, rivne oblast, sumy oblast, ternopil oblast, kharkiv oblast, kherson oblast, khmelnytskyi oblast, cherkasy oblast, chernivtsi oblast and chernihiv oblast, and the cities of kyiv and sevastopol. the cities of kyiv and sevastopol have special status that is determined by the laws of ukraine. chapter x. autonomous republic of crimea article 134 the autonomous republic of crimea is an inseparable constituent part of ukraine and decides on the issues ascribed to its competence within the limits of authority determined by the constitution of ukraine. article 135 the autonomous republic of crimea has the constitution of the autonomous republic of crimea that is adopted by the verkhovna rada of the autonomous republic of crimea and approved by the verkhovna rada of ukraine by no less than one-half of the constitutional composition of the verkhovna rada of ukraine. normative legal acts of the verkhovna rada of the autonomous republic of crimea and decisions of the council of ministers of the autonomous republic of crimea shall not contradict the constitution and the laws of ukraine and are adopted in accordance with the constitution of ukraine, the laws of ukraine, acts of the president of ukraine and the cabinet of ministers of ukraine, and for their execution. article 136 the representative body of the autonomous republic of crimea is the verkhovna rada of the autonomous republic of crimea, the deputies of which are elected on the basis of general, equal, direct vote by secret ballot. the term of authority of the verkhovna rada of the autonomous republic of crimea, the deputies of which are elected at regular elections, is five years. the suspension of the authority of the verkhovna rada of the autonomous republic of crimea results in the termination of the authorities of deputies. the next election to the verkhovna rada of the autonomous republic of crimea is held on the last sunday of october of the fifth year of the authority the verkhovna rada of the autonomous republic of crimea, elected at regular election. the verkhovna rada of the autonomous republic of crimea within the limits of its authority adopts decisions and resolutions that are mandatory for execution in the autonomous republic of crimea. the council of ministers of the autonomous republic of crimea is the government of the autonomous republic of crimea. the head of the council of ministers of the autonomous republic of crimea is appointed to office and dismissed by the verkhovna rada of the autonomous republic of crimea upon the consent of the president of ukraine. the authority, the procedure for the formation and operation of the verkhovna rada of the autonomous republic of crimea and of the council of ministers of the autonomous republic of crimea, are determined by the constitution of ukraine and the laws of ukraine, and by normative legal acts of the verkhovna rada of the autonomous republic of crimea on issues ascribed to its authority. in the autonomous republic of crimea, justice is administered by courts of ukraine. article 137 the autonomous republic of crimea exercises normative regulation on the following issues: agriculture and forestry; land reclamation and mining; public works, crafts and trades; charity; city construction and housing management; tourism, hotel business, fairs; museums, libraries, theatres, other cultural establishments, historical and cultural preserves; public transportation, roadways, water supply; hunting and fishing; sanitary and hospital services. for reasons of nonconformity of normative legal acts of the verkhovna rada of the autonomous republic of crimea with the constitution of ukraine and the laws of ukraine, the president of ukraine may suspend these normative legal acts of the verkhovna rada of the autonomous republic of crimea with a simultaneous appeal to the constitutional court of ukraine in regard to their constitutionality. article 138 the competence of the autonomous republic of crimea comprises: designating elections of deputies to the verkhovna rada of the autonomous republic of crimea, approving the composition of the electoral commission of the autonomous republic of crimea; organising and conducting local referendums; managing property that belongs to the autonomous republic of crimea; elaborating, approving and implementing the budget of the autonomous republic of crimea on the basis of the uniform tax and budget policy of ukraine; elaborating, approving and realising programmes of the autonomous republic of crimea for socio-economic and cultural development, the rational utilisation of nature, and environmental protection in accordance with national programmes; recognising the status of localities as resorts; establishing zones for the sanitary protection of resorts; participating in ensuring the rights and freedoms of citizens, national harmony, the promotion of the protection of legal order and public security; ensuring the operation and development of the state language and national languages and cultures in the autonomous republic of crimea; protection and use of historical monuments; participating in the development and realisation of state programmes for the return of deported peoples; initiating the introduction of a state of emergency and the establishment of zones of an ecological emergency situation in the autonomous republic of crimea or in its particular areas. other powers may also be delegated to the autonomous republic of crimea by the laws of ukraine. article 139 the representative office of the president of ukraine, whose status is determined by the law of ukraine, operates in the autonomous republic of crimea. chapter xi. local self-government article 140 local self-government is the right of a territorial community — residents of a village or a voluntary association of residents of several villages into one village community, residents of a settlement, and of a city — to independently resolve issues of local character within the limits of the constitution and the laws of ukraine. particular aspects of the exercise of local self-government in the cities of kyiv and sevastopol are determined by special laws of ukraine. local self-government is exercised by a territorial community by the procedure established by law, both directly and through bodies of local self-government: village, settlement and city councils, and their executive bodies. district and oblast councils are bodies of local self-government that represent the common interests of territorial communities of villages, settlements and cities. the issue of organisation of the administration of city districts lies within the competence of city councils. village, settlement and city councils may permit, upon the initiative of residents, the creation of house, street, block and other bodies of popular self-organisation, and to assign them part of their own competence, finances and property. article 141 a village, settlement, city, district, oblast council is composed of deputies elected by residents of a village, settlement, city, district, oblast on the basis of universal, equal and direct suffrage, by secret ballot. the term of authority of a village, settlement, city, district, oblast council which deputies are elected on regular elections is five years. termination of authority of a village, settlement, city, district, oblast council shall lead to termination of authority of deputies of the respective council. territorial communities elect on the basis of universal, equal and direct suffrage, by secret ballot, the head of village, settlement, city, respectively, who leads the executive body of the council and presides at its meetings. the term of authority of the head of village, settlement, city elected on regular elections is five years. regular elections of a village, settlement, city, district, oblast council, the heads of village, settlement, city take place on the last sunday of october of the fifth year of the authority of the respective council or the respective head elected on regular elections. the status of heads, deputies and executive bodies of a council and their authority, the procedure for their establishment, reorganisation and liquidation, are determined by law. the chairman of a district council and the chairman of an oblast council are elected by the respective council and lead the executive staff of the council. article 142 the material and financial basis for local self-government is movable and immovable property, revenues of local budgets, other funds, land, natural resources owned by territorial communities of villages, settlements, cities, city districts, and also objects of their common property that are managed by district and oblast councils. on the basis of agreement, territorial communities of villages, settlements and cities may join objects of communal property as well as budget funds, to implement joint projects or to jointly finance (maintain) communal enterprises, organisations and establishments, and create appropriate bodies and services for this purpose. the state participates in the formation of revenues of the budget of local self-government and financially supports local self-government. expenditures of bodies of local self-government, that arise from the decisions of bodies of state power, are compensated by the state. article 143 territorial communities of a village, settlement and city, directly or through the bodies of local self-government established by them, manage the property that is in communal ownership; approve programmes of socio-economic and cultural development, and control their implementation; approve budgets of the respective administrative and territorial units, and control their implementation; establish local taxes and levies in accordance with the law; ensure the holding of local referendums and the implementation of their results; establish, reorganise and liquidate communal enterprises, organisations and institutions, and also exercise control over their activity; resolve other issues of local importance ascribed to their competence by law. oblast and district councils approve programmes for socio-economic and cultural development of the respective oblasts and districts, and control their implementation; approve district and oblast budgets that are formed from the funds of the state budget for their appropriate distribution among territorial communities or for the implementation of joint projects, and from the funds drawn on the basis of agreement from local budgets for the realisation of joint socioeconomic and cultural programmes, and control their implementation; resolve other issues ascribed to their competence by law. certain powers of bodies of executive power may be assigned by law to bodies of local self-government. the state finances the exercise of these powers from the state budget of ukraine in full or through the allocation of certain national taxes to the local budget, by the procedure established by law, transfers the relevant objects of state property to bodies of local self-government. bodies of local self-government, on issues of their exercise of powers of bodies of executive power, are under the control of the respective bodies of executive power. article 144 bodies of local self-government, within the limits of authority determined by law, adopt decisions that are mandatory for execution throughout the respective territory. decisions of bodies of local self-government, for reasons of nonconformity with the constitution or the laws of ukraine, are suspended by the procedure established by law with a simultaneous appeal to a court. article 145 the rights of local self-government are protected by judicial procedure. article 146 other issues of the organisation of local self-government, the formation, operation and responsibility of the bodies of local self-government, are determined by law. chapter xii. constitutional court of ukraine article 147 the constitutional court of ukraine decides on compliance of laws of ukraine with the constitution of ukraine and, in cases prescribed by this constitution, of other acts, provides official interpretation of the constitution of ukraine as well as exercises other authority in accordance with this constitution. the constitutional court of ukraine acts on the basis of the principles of the rule of law, independence, collegiality, transparency, reasonableness and binding nature of its decisions and opinions. article 148 the constitutional court of ukraine is composed of eighteen judges of the constitutional court of ukraine. the president of ukraine, the verkhovna rada of ukraine and the congress of judges of ukraine each appoint six judges to the constitutional court of ukraine. selection of candidates for the office of judge of the constitutional court of ukraine is conducted on competitive basis under the procedure prescribed by the law. a citizen of ukraine who has command of the state language, attained the age of forty on the day of appointment, has a higher legal education and professional experience in the sphere of law no less than fifteen years, has high moral values and is a lawyer of recognised competence may be a judge of the constitutional court of ukraine. a judge of the constitutional court of ukraine can not belong to political parties, trade unions, take part in any political activity, hold a representative mandate, occupy any other paid offices, perform other paid work, except academic, teaching or creative activities. a judge of the constitutional court of ukraine is appointed for nine years without the right of reappointment. a judge of the constitutional court of ukraine steps in his or her office as of the date of taking the oath at the special plenary sitting of the court. the constitutional court of ukraine elects the chairman among the judges of the court at a special plenary sitting of the court by secret ballot for one three-year term only. article 148-1 the state ensures funding and proper conditions for operation of the constitutional court of ukraine. expenditures for operation of the court are allocated separately in the state budget of ukraine, with account of the proposals of its chairman. remuneration of judges of the constitutional court of ukraine is defined by the law on the constitutional court of ukraine. article 149 independence and inviolability of a judge of the constitutional court of ukraine are guaranteed by the constitution and laws of ukraine. any influence on a judge of the constitutional court of ukraine is prohibited. judge of the constitutional court of ukraine may not be detained or kept under custody or under arrest without the consent of the constitutional court of ukraine until a guilty verdict is rendered by a court, except for detention of a judge caught committing serious or grave crime or immediately after it. judge of the constitutional court of ukraine may not be held legally liable for voting on decisions or opinions of the court, except the cases of committing a crime or a disciplinary offence. the state ensures the personal security of a judge of the constitutional court of ukraine and members of his or her family article 149-1 the authority of a judge of the constitutional court of ukraine shall be terminated in case of: termination of the term of his or her office; his or her attainment of the age of seventy; termination of ukraine's citizenship or acquiring by him or her the citizenship of another state; taking effect of a court's decision on recognition him or her missing or declaration him or her dead, or on recognition to be legally incapable or partially legally incapable; taking effect of a guilty verdict against him or her for committing a crime; death of a judge of the constitutional court of ukraine. the grounds for dismissal of a judge of the constitutional court of ukraine are the following: inability to exercise his or her authority for health reasons; violation by him or her of incompatibility requirements; commission by him or her of a serious disciplinary offence, flagrant or permanent disregard of his or her duties which are incompatible with the status of judge of the court or has proved non-conformity with being in the office; submission by a judge of statement of resignation or of voluntary dismissal from office. dismissal of a judge of the constitutional court of ukraine from his or her office is decided by not less than two-thirds of its constitutional composition. article 150 the authority of the constitutional court of ukraine comprises: deciding on issues of conformity with the constitution of ukraine (constitutionality) of the following: laws and other legal acts of the verkhovna rada of ukraine; acts of the president of ukraine; acts of the cabinet of ministers of ukraine; legal acts of the verkhovna rada of the autonomous republic of crimea. the official interpretation of the constitution of ukraine and the laws of ukraine; exercising other authority defined by the constitution of ukraine. matters under sub-paragraphs 1, 2 of paragraph one of this article are considered upon the constitutional petitions of: the president of ukraine; not less than forty-five people's deputies of ukraine; the supreme court; authorised human rights representative of the verkhovna rada of ukraine; the verkhovna rada of the autonomous republic of crimea. article 151 the constitutional court of ukraine, upon submission of the president of ukraine or not less than forty-five people's deputies of ukraine, or the cabinet of ministers of ukraine, provides opinions on compliance with the constitution of ukraine of international treaties of ukraine that are in effect, or the international treaties submitted to the verkhovna rada of ukraine for granting agreement on their binding nature. the constitutional court of ukraine upon submission of the president of ukraine or not less than forty-five people's deputies of ukraine provides opinions on compliance with the constitution of ukraine (constitutionality) of questions that are proposed to be put for the all-ukrainian referendum upon people's initiative. the constitutional court of ukraine upon the submission of the verkhovna rada of ukraine provides an opinion on the observance of the constitutional procedure of investigation and consideration of the case on removing the president of ukraine from office by the impeachment procedure. article 151-1 the constitutional court of ukraine decides on compliance with the constitution of ukraine (constitutionality) of a law of ukraine upon constitutional complaint of a person alleging that the law of ukraine applied to render a final court decision in his or her case contravenes the constitution of ukraine. a constitutional complaint may be lodged after exhaustion of all other domestic legal remedies. article 151-2 decisions and opinions adopted by the constitutional court of ukraine shall be binding, final and may not be challenged. article 152 laws and other acts are declared unconstitutional in whole or in part by the decision of the constitutional court of ukraine, in the event that they do not conform to the constitution of ukraine, or if there was a violation of the procedure for their consideration, adoption or their entry into force established by the constitution of ukraine. laws, other acts, or their separate provisions, declared unconstitutional, lose legal force from the day the constitutional court of ukraine adopts the decision on their unconstitutionality unless otherwise established by the decision itsef but not earlier that the day of its adoption. material or moral damages, inflicted on natural or legal persons by the acts and actions declared unconstitutional, are compensated by the state under the procedure established by law. article 153 organisation and operation of the constitutional court of ukraine, status of judges of the court, grounds to apply to the court and application procedure, procedure of case consideration and enforcement of decisions of the court are defined by the constitution of ukraine and law. chapter xiii. introducing amendments to the constitution of ukraine article 154 a draft law on introducing amendments to the constitution of ukraine may be submitted to the verkhovna rada of ukraine, by the president of ukraine, or by no fewer national deputies of ukraine than one-third of the constitutional composition of the verkhovna rada of ukraine. article 155 a draft law on introducing amendments to the constitution of ukraine, with the exception of chapter i "general principles," chapter iii "elections; referendum," and chapter xiii "introducing amendments to the constitution of ukraine," previously adopted by the majority of the constitutional composition of the verkhovna rada of ukraine, is deemed to be adopted, if at the next regular session of the verkhovna rada of ukraine, no less than two-thirds of the constitutional composition of the verkhovna rada of ukraine have voted in favour thereof. article 156 a draft law on introducing amendments to chapter i "general principles," chapter iii "elections. referendum," and chapter xiii "introducing amendments to the constitution of ukraine," is submitted to the verkhovna rada of ukraine by the president of ukraine, or by no less than two-thirds of the constitutional composition of the verkhovna rada of ukraine, and on the condition that it is adopted by no less than two-thirds of the constitutional composition of the verkhovna rada of ukraine, and is approved by an all-ukrainian referendum designated by the president of ukraine. the repeat submission of a draft law on introducing amendments to chapters i, iii and xiii of this constitution on one and the same issue is possible only to the verkhovna rada of ukraine of the next convocation. article 157 the constitution of ukraine shall not be amended, if the amendments foresee the abolition or restriction of human and citizens' rights and freedoms, or if they are oriented toward the liquidation of the independence or violation of the territorial indivisibility of ukraine. the constitution of ukraine shall not be amended in conditions of martial law or a state of emergency. article 158 the draft law on introducing amendments to the constitution of ukraine, considered by the verkhovna rada of ukraine and not adopted, may be submitted to the verkhovna rada of ukraine no sooner than one year from the day of the adoption of the decision on this draft law. within the term of its authority, the verkhovna rada of ukraine shall not amend twice the same provisions of the constitution. article 159 a draft law on introducing amendments to the constitution of ukraine is considered by the verkhovna rada of ukraine upon the availability of an opinion of the constitutional court of ukraine on the conformity of the draft law with the requirements of articles 157 and 158 of this constitution. chapter xiv. final provisions article 160 the constitution of ukraine enters into force from the day of its adoption. article 161 the day of adoption of the constitution of ukraine is a national holiday the day of the constitution of ukraine. chapter xv. transitional provisions laws and other normative acts, adopted prior to this constitution entering into force, are in force in the part that does not contradict the constitution of ukraine. after the adoption of the constitution of ukraine, the verkhovna rada of ukraine exercises the authority envisaged by this constitution. regular elections to the verkhovna rada of ukraine shall be held in march 1998. regular elections of the president of ukraine shall be held on the last sunday of october 1999. the president of ukraine, within three years after the constitution of ukraine enters into force, has the right to issue decrees approved by the cabinet of ministers of ukraine and signed by the prime-minister of ukraine on economic issues not regulated by laws, with simultaneous submission of the respective draft law to the verkhovna rada of ukraine, by the procedure established by article 93 of this constitution. such a decree of the president of ukraine takes effect, if within thirty calendar days from the day of submission of the draft law (except the days between sessions), the verkhovna rada of ukraine does not adopt the law or does not reject the submitted draft law by the majority of its constitutional composition, and is effective until a law adopted by the verkhovna rada of ukraine on these issues enters into force. the cabinet of ministers of ukraine is formed in accordance with this constitution within three months after its entry into force. the constitutional court of ukraine is formed in accordance with this constitution, within three months after its entry into force. prior to the creation of the constitutional court of ukraine, the interpretation of laws is performed by the verkhovna rada of ukraine. heads of local state administrations, upon entry of this constitution into force, acquire the status of heads of local state administrations in accordance with article 118 of this constitution, and after the election of chairmen of the respective councils, tender resignations from office of the chairmen of these councils. village, settlement and city councils and the chairmen of these councils, upon entry of this constitution of ukraine into force, exercise the authority as determined by it, until the election of the new composition of these councils in march 1998. district and oblast councils, elected prior to the entry of this constitution into force, exercise the authority as determined by it, until the formation of the new composition of these councils in accordance with the constitution of ukraine. city district councils and their chairmen, upon entry of this constitution into force, exercise their authority in accordance with the law. the prosecution office, in accordance with effective laws, continues to perform the function of pre-trial investigation until the agencies, to which the function is transferred under the law, will have been launched, and continue to perform the function of supervision the observance of laws while enforcing court decisions in criminal cases, while application of other measures of coercion related to the restraint of personal freedom of citizens, until the law on establishment of a dual system of regular penitentiary inspections takes effect. prior to the adoption of laws determining the particular aspects of the exercise of executive power in the cities of kyiv and sevastopol in accordance with article 118 of this constitution, the executive power in these cities is exercised by the respective city administrations. article 99, paragraph one of this constitution shall enter into force after the introduction of the national monetary unit — the hryvnia. the supreme court of ukraine and the high court of arbitration of ukraine exercise their authority in accordance with the legislation of ukraine that is in force, until the formation in ukraine of a system of courts of general jurisdiction, in accordance with article 125 of this constitution, but for no more than five years. judges of all courts in ukraine, elected or appointed prior to the day of entry of this constitution into force, continue to exercise their authority in accordance with the legislation in force, until the expiration of the term for which they were elected or appointed. judges whose authority has terminated on the day this constitution enters into force, continue to exercise their authority for the period of one year. the current procedure for arrest, holding in custody and detention of persons suspected of committing a crime, and also for the examination and search of a dwelling place or other possessions of a person, is preserved for five years after this constitution enters into force. [deleted by no. 2680-viii of 2019] regular elections of the verkhovna rada of ukraine after restoration of provisions of the constitution of ukraine in the wording of june 28, 1996 upon the decision of the constitutional court of ukraine dated september 30, 2010 no. 20-rp/2010 in the case on observance of the procedure of introducing amendments to the constitution of ukraine are held on the last sunday of october of 2012. regular elections of the president of ukraine after restoration of the provisions of the constitution of ukraine in the wording of june 28, 1996 upon the decision of the constitutional court of ukraine dated september 30, 2010 no. 20-rp/2010 in the case on observance of the procedure of introducing amendments to the constitution of ukraine are held on the last sunday of march of 2015. upon taking effect of the law of ukraine "on introducing amendments to the constitution of ukraine (as to justice): prior to the establishment of the high council of justice (vyshcha rada pravosuddia) its authority is exercised by the high council of justice (vyshcha rada yustytsii). the high council of justice (vyshcha rada pravosuddia) is established through reorganising of the high council of justice (vyshcha rada yustytsii). prior to election (appointment) of members of the high council of justice (vyshcha rada pravosuddia) it is composed of members of the high council of justice (vyshcha rada yustytsii) during their term in office, but no longer than by april 30, 2019. election (appointment) of members of the high council of justice (vyshcha rada pravosuddia) is conducted not later than by april 30, 2019; authority of judges appointed for a five-year term terminate with the expiration of the term for which they were appointed. such judges may be appointed to the office of judge according to the procedure prescribed by law; judges who were elected for unlimited term shall exercise their authority until dismissal or termination of their authority on grounds defined in the constitution of ukraine; conformity with being in the office of a judge, who was appointed to the office for a five-year term or elected for unlimited term, before the law of ukraine "on introducing amendments to the constitution of ukraine (as to justice)" taking effect, should be assessed according to the procedure prescribed by law. nonconformity of the judge with being in the office based on criteria of competence, professional ethics, or honesty, or refusal of the judge from such assessment shall constitute the ground to dismiss a judge. procedure and exclusive grounds for appeal against the decision on dismissal of a judge resulted from the assessment shall be established by law; in cases of reorganisation or dissolution of particular courts, established before the law of ukraine "on introduing amendments to the constitution of ukraine (as to justice)" taking effect, judges concerned have the right to retire or apply for a new position through a competition according to the procedure prescribed by law. specifics of the transfer of a judge to another court may be prescribed by law; until new administrative and territorial system of ukraine is implemented according to the amendments to the constitution of ukraine as to decentralisation, but not later than by december 31, 2017, the establishment, reorganisation, and dissolution of courts is conducted by the president of ukraine on the basis and under the procedure prescribed by the law; within two years transfer of judge to another court shall be exercised by the president of ukraine on the basis of the submission by the high council of justice (vyshcha rada pravosuddia); judges of the constitutional court of ukraine, appointed before the law of ukraine "on introducing amendemnts to the constitution of ukraine (as to justice)" taking effect, exercise their authority until termination of their authority or dismissal in accordance with the procedure prescribed in article 1491 of the constitution of ukraine and without right to reappointment. authority of a judge of the constitutional court of ukraine, who as of the day the law of ukraine "on introducing amendments to the constitution of ukraine (as to justice)" taking effect has attained the age of sixty-five, but the decision on his or her dismissal from office has not been taken, are terminated; the representation of citizens before courts by the public prosecution according to the law in cases in which proceedings had been initiated prior to the law of ukraine "on introducing amendments to the constitution of ukraine (as to justice)" taking effect, are exercised according to the rules have been effective prior to this law taking effect, until rendering the final court decisions that can not be challenged; the prosecutor general of ukraine appointed to the office prior to the law of ukraine "on introducing amendments to the constitution of ukraine (as to justice)" taking effect exercises authority of the prosecutor general until dismissal under the procedure prescribed by law but no longer within the term for which he or she was appointed, and may not hold the office for two consecutive terms; in accordance with the sub-paragraph 3 paragraph one article 131-1 and article 131-2 of this constitution representation before the supreme court and the courts of cassation shall be exercised exclusively by public prosecutors and advocates as from january 1, 2017; before the appellate courts as from january 1, 2018; before the first instance courts as from january 1, 2019. representation of bodies of state power and local self-government before courts shall be exercised exclusively by public prosecutors and advocates as from january 1, 2020. representation before courts in cases pending prior to the law of ukraine "on introducing amendments to the constitution of ukraine (as to justice)" taking effect shall be exercised according to the rules have been effective prior to this law taking effect, until rendering the final court decisions that cannot be challenged. chapter i the republic of sierra leone 1. declaration of republic sierra leone is a sovereign republic, the boundaries of which are delimited in the first schedule hereto. 2. public seal the public seal of the republic shall be such a device as parliament shall prescribe. 3. the national flag and national anthem the flag of which the design is described in paragraph (b) hereof is hereby declared to be the national flag of sierra leone. the design of the flag shall be from the top of the flag to the bottom thereof, three horizontal stripes of green, white and blue. the normal size of the flag for official use shall be in the proportion of nine units across to six units down. the national anthem of the republic shall be such as parliament shall prescribe. chapter ii. fundamental principles of state policy 4. fundamental obligations of government all organs of government and all authorities and persons exercising legislative, executive or judicial powers shall conform to, observe and apply the provisions of this chapter. 5. government and the people the republic of sierra leone shall be a state based on the principles of freedom, democracy and justice. it is accordingly declared that— sovereignty belongs to the people of sierra leone from whom government through this constitution derives all its powers, authority and legitimacy; the security, peace and welfare of the people of sierra leone shall be the primary purpose and responsibility of government, and to this end it shall be the duty of the armed forces, the police, public officers and all security agents to protect and safeguard the people of sierra leone; and the participation of the people in the governance of the state shall be ensured in accordance with the provisions of this constitution. 6. political objectives the motto of the republic of sierra leone shall be unity, freedom and justice. accordingly, the state shall promote national integration and unity and discourage discrimination on the grounds of place of origin, circumstance of birth, sex, religion, status, ethnic or linguistic association or ties. for the purposes of promoting national integration and unity, the state shall— provide adequate facilities for and encourage free mobility of people, goods and services throughout sierra leone; and secure full rights of residence for every citizen in all parts of the state. the state shall protect and defend the liberty of the individual, enforce the rule of law and ensure the efficient functioning of government services. the state shall take all steps to eradicate all corrupt practices and the abuse of power. 7. economic objectives the state shall within the context of the ideals and objectives for which provisions are made in this constitution— harness all the natural resources of the nation to promote national prosperity and an efficient, dynamic and self-reliant economy; manage and control the national economy in such a manner as to secure the maximum welfare and freedom of every citizen on the basis of social justice and equality of opportunity; protect the right of any citizen to engage in any economic activity without prejudice to the rights of any other person to participate in areas of the economy; place proper and adequate emphasis on agriculture in all its aspects so as to ensure self-sufficiency in food production; and ensure that government shall always give priority and encouragement to sierra leoneans to participate in all spheres of the economy in furtherance of these objectives. 8. social objectives the social order of the state shall be founded on the ideals of freedom, equality and justice. in furtherance of the social order— every citizen shall have equality of rights, obligations, and opportunities before the law, and the state shall ensure that every citizen has an equal right and access to all opportunities and benefits based on merit; the state shall recognise, maintain and enhance the sanctity of the human person and human dignity; and the government shall secure and maintain the independence, impartiality and integrity of courts of law and unfettered access thereto, and to this end shall ensure that the operation of the legal system promotes justice on the basis of equal opportunity, and that opportunities for securing justice are not denied any citizen by reason of economic or other disability. the state shall direct its policy towards ensuring that— every citizen, without discrimination on any grounds whatsoever, shall have the opportunity for securing adequate means of livelihood as well as adequate opportunities to secure suitable employment; conditions of service and work are fair, just and humane and that there are adequate facilities for leisure and for social, religious and cultural life; the health, safety and welfare of all persons in employment are safeguarded and not endangered or abused, and in particular that special provisions be made for working women with children, having due regard to the resources of the state; there are adequate medical and health facilities for all persons, having due regard to the resources of the state; there is equal pay for equal work without discrimination on account of sex, and that adequate and satisfactory remuneration is paid to all persons in employment; and the care and welfare of the aged, young and disabled shall be actively promoted and safeguarded. 9. educational objectives the government shall direct its policy towards ensuring that there are equal rights and adequate educational opportunities for all citizens at all levels by— ensuring that every citizen is given the opportunity to be educated to the best of his ability, aptitude and inclination by providing educational facilities at all levels and aspects of education such as primary, secondary, vocational, technical, college and university; safeguarding the rights of vulnerable groups, such as children, women and the disabled in securing educational facilities; and providing the necessary structures, finance and supportive facilities for education as and when practicable. the government shall strive to eradicate illiteracy, and to this end shall direct its educational policy towards achieving— free adult literacy programmes; free compulsory basic education at primary and junior secondary school levels; and free senior secondary education as and when practicable. the government shall promote the learning of indigenous languages and the study and application of modern science, foreign languages, technology, commerce and business. 10. foreign policy objectives the foreign policy objectives of the state shall be— the promotion and protection of the national interest; the promotion of sub-regional, regional and inter-african co-operation and unity; the promotion of international co-operation for the consolidation of international peace and security and mutual respect among all nations, and respect for their territorial integrity and independence; and respect for international law and treaty obligations, as well as the seeking of settlement of international disputes by negotiation, conciliation, arbitration or adjudication. 11. obligations of the mass media the press, radio and television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives contained in this constitution and highlight the responsibility and accountability of the government to the people. 12. enhancement of national culture the government shall— promote sierra leonean culture such as music, art, dance, science, philosophy, education and traditional medicine which is compatible with national development; recognize traditional sierra leonean institutions compatible with national development; protect and enhance the cultures of sierra leone; and facilitate the provision of funds for the development of culture in sierra leone. 13. duties of the citizen every citizen shall— abide by this constitution, respect its ideals and its institutions, the national flag, the national anthem and authorities and offices established or constituted under this constitution or any other law; cultivate a sense of nationalism and patriotism so that loyalty to the state shall override sectional, ethnic, tribal or other loyalties; protect and preserve public property and prevent the misappropriation and squandering of funds belonging to the government, local authorities or public corporations; help enhance the power, prestige and good name of the state and to defend the state and render national service as may be required; respect the dignity and religion of other individuals, and the rights and interests of others; make positive and useful contributions to the advancement, progress, and well-being of the community, wherever he resides; work conscientiously in a lawful and chosen occupation and abstain from any activity detrimental to the general welfare of others; ensure the proper control and upbringing of his children and wards; participate in and defend all democratic processes and practices; and render assistance to appropriate and lawful agencies in the maintenance of law and order. 14. fundamental principles not justiciable notwithstanding the provisions of section 4, the provisions contained in this chapter shall not confer legal rights and shall not be enforceable in any court of law, but the principles contained therein shall nevertheless be fundamental in the governance of the state, and it shall be the duty of parliament to apply these principles in making laws. chapter iii. the recognition and protection of fundamental human rights and freedoms of the individual 15. fundamental human rights and freedoms of the individual whereas every person in sierra leone is entitled to the fundamental human rights and freedoms of the individual, that is to say, has the right, whatever his race, tribe, place of origin, political opinion, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following— life, liberty, security of person, the enjoyment of property, and the protection of law; freedom of conscience, of expression and of assembly and association; respect for private and family life; and protection from deprivation of property without compensation; the subsequent provisions of this chapter shall have effect for the purpose of affording protection to the aforesaid rights and freedoms, subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others, or the public interest. 16. protection of right to life no person shall be deprived of his life intentionally except in execution of the sentence of a court in respect of a criminal offence under the laws of sierra leone, of which he has been convicted. without prejudice to any liability for a contravention of any other law with respect to the use of force in such cases as are hereinafter mentioned, a person shall not be regarded as having been deprived of his life in contravention of this section if he dies as a result of the use of force to such extent as is reasonably justifiable in the circumstances of the case, that is to say— for the defence of any person from unlawful violence or for the defence of property; or in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; or for the purpose of suppressing a riot, insurrection or mutiny; or in order to prevent the commission by that person of a criminal offence; or if he dies as a result of a lawful act of war. 17. protection from arbitrary arrest or detention no person shall be deprived of his personal liberty except as may be authorised by law in any of the following cases, that is to say— in consequence of his unfitness to plead to a criminal charge; or in the execution of a sentence or order of a court whether in sierra leone or elsewhere in respect of a criminal offence of which he has been convicted; or in the execution of an order of the high court or the court of appeal or the supreme court or such other court as may be prescribed by parliament on the grounds of his contempt of any such court or of another court or tribunal or commission of inquiry as the case may be; or in the execution of an order of a court made in order to secure the fulfilment of any obligation imposed on him by law; or for the purpose of bringing him before a court or tribunal, as the case may be, in execution of the order of a court; or upon reasonable suspicion of his having committed or of being about to commit a criminal offence; or in the case of a person who has not attained the age of twenty-one years, for the purpose of his education or welfare; or for the purpose of preventing the spread of an infectious or contagious disease; or in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community; or for the purpose of preventing the unlawful entry of that person into sierra leone, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from sierra leone or the taking of proceedings thereto. any person who— is arrested or detained shall be informed in writing or in a language that he understands at the time of his arrest, and in any event not later than twenty-four hours, of the facts and grounds for his arrest or detention; is arrested or detained shall be informed immediately at the time of his arrest of his right of access to a legal practitioner or any person of his choice, and shall be permitted at his own expense to instruct without delay a legal practitioner of his own choice and to communicate with him confidentially. any person who is arrested or detained in such a case as is mentioned in paragraph (e) or (f) of subsection (1) and who is not released shall be brought before a court of law— within ten days from the date of arrest in cases of capital offences, offences carrying life imprisonment and economic and environmental offences; and within seventy-two hours of his arrest in case of other offences; and if any person arrested or detained in such a case as is mentioned in the said paragraph (f) is not tried within the periods specified in paragraph (a) or (b) of this section, as the case may be, then without prejudice to any further proceedings which may be brought against him he shall be released either unconditionally or upon reasonable conditions, including in particular, such conditions as are reasonably necessary to ensure that he appears at a later date for trial or proceedings preliminary to trial. any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person. 18. protection of freedom of movement no person shall be deprived of his freedom of movement, and for the purpose of this section the said freedom means the right to move freely throughout sierra leone, the right to reside in any part of sierra leone, the right to enter or leave sierra leone, and immunity from expulsion from sierra leone. any restriction on a person’s freedom of movement which is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this section. nothing contained in or done under authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision— which is reasonably required in the interests of defence, public safety, public order, public morality, public health or the conservation of the natural resources, such as mineral, marine, forest and other resources of sierra leone, except in so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society; or for the imposition of restrictions on the movement or residence within sierra leone of any person who is not a citizen thereof or the exclusion or expulsion from sierra leone of any such persons; or for the imposition of restrictions on the acquisition or use by any person of land or other property in sierra leone; or for the imposition of restrictions upon the movement or residence within sierra leone of public officers or members of a defence force; or for the removal of a person from sierra leone to be tried outside sierra leone for a criminal offence recognised as such by the laws of sierra leone, or to serve a term of imprisonment outside sierra leone in the execution of the sentence of a court in respect of a criminal offence of which he has been convicted; or for preventing the departure from sierra leone of a person who is reasonably suspected of having committed a crime or seeking to evade the fulfilment of an obligation imposed on him under the civil law or to evade military service: provided that no court or other authority shall prohibit any such person from entering into or residing in any place to which he is indigenous; or for restricting vagrancy. if— any person whose freedom of movement has been restricted by virtue only of such a provision as is referred to in paragraph (a) of subsection (3) so requests at any time during the period of that restriction not earlier than thirty days after he last made such a request during that period, his case shall be reviewed by an independent and impartial tribunal, established by law, comprising not more than three persons from amongst persons of not less than fifteen years’ standing entitled to practice in sierra leone as legal practitioners; any tribunal has been set up under paragraph (a), the chairman of that tribunal shall be appointed by the chief justice, and the two other members of the tribunal shall be nominated by the sierra leone bar association. on any review by a tribunal in pursuance of subsection (4) of the case of any person whose freedom of movement has been restricted, the tribunal may make recommendations concerning the necessity of expediency of continuing that restriction to the authority by whom it was ordered, but unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with such recommendations. 19. protection from slavery and forced labour no person shall be held in slavery or servitude or be required to perform forced labour or traffic or deal in human beings. for the purposes of this section the expression “forced labour” does not include— any labour required in consequence of a sentence or order of a court; or labour required of any person while he is lawfully detained, which though not required in consequence of the sentence or order of a court, is reasonably necessary in the interest of hygiene or for the maintenance of the place in which he is detained; or any labour required of a member of a defence force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as such a member, any labour which that person is required by law to perform in place of such service; or any labour required during a period of public emergency or calamity which threatens the life or well-being of the community; or communal labour or labour which forms part of other civic obligation. 20. protection from inhuman treatment no person shall be subject to any form of torture or any punishment or other treatment which is inhuman or degrading. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorises the infliction of any kind of punishment which was lawful immediately before the entry into force of this constitution. 21. protection from deprivation of property no property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except where the following conditions are satisfied, that is to say— the taking of possession or acquisition is necessary in the interests of defence, public safety, public order, public morality, public health, town and country planning, the development or utilization of any property in such a manner as to promote the public benefit or the public welfare of citizens of sierra leone; and the necessity therefor is such as to afford reasonable justification for the causing of any hardship that may result to any person having any interest in or right over the property; and provision is made by law applicable to that taking of possession or acquisition— for the prompt payment of adequate compensation; and securing to any person having an interest in or right over the property, a right of access to a court or other impartial and independent authority for the determination of his interest or right, the legality of the taking of possession or acquisition of the property, interest or right, and the amount of any compensation to which he is entitled and for the purpose of obtaining prompt payment of that compensation. nothing in this section shall be construed as affecting the making or operation of any law in so far as it provides for the taking of possession or acquisition of property— in satisfaction of any tax, rate or due; by way of penalty for breach of the law whether under civil process or after conviction of a criminal offence; as an incident of a lease, tenancy, mortgage charge, bill of sale, pledge or contract; by way of the vesting or administration of trust property, enemy property; bona vacantia, property of prohibited aliens, or the property of persons adjudged or otherwise declared bankrupt or insolvent, persons of unsound mind, deceased persons, or bodies corporate or incorporate in the course of being wound up; in the execution of judgements or orders of courts; by reason of such property being in a dangerous state or liable to cause injuries to the health of human beings, animals or plants; in consequence of any law with respect to the limitation of actions; for so long only as such taking of possession may be necessary for the purposes of any examination, investigation, trial, or inquiry, or, in the case of land, the carrying out thereon— of work of soil conservation or the conservation of other natural resources; or of agricultural development or improvement which the owner or occupier of the land has been required, and has without reasonable or lawful excuse refused or failed to carry out. nothing in this section shall be construed as affecting the making or operation of any law for the compulsory taking of possession in the public interest of any property or the compulsory acquisition in the public interest in or right over property, where that property, interest or right is held by a body corporate which is established directly by any law and in which no moneys have been invested other than moneys provided by parliament or by the legislature of the former colony and protectorate of sierra leone. any such property of whatever description compulsorily taken possession of, and any interest in, or right over, property of any description compulsorily acquired in the public interest or for public purposes, shall be used only in the public interest or for the public purposes for which it is taken or acquired. where any such property as is referred to in subsection (4) is not used in the public interest or for the public purposes for which it was taken or acquired, the person who was the owner immediately before the compulsory taking or acquisition, as the case may be, shall be given the first option of acquiring that property, in which event he shall be required to refund the whole or such part of the compensation as may be agreed upon between the parties thereto; and in the absence of any such agreement such amount as shall be determined by the high court. 22. protection for privacy of home and other property except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises, or interference with his correspondence, telephone conversations and telegraphic and electronic communications. nothing contained in or done under authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision that is reasonably required— in the interest of defence, public safety, public order, public morality, public health, town and country planning, or the development or utilization of any property in such a manner as to promote the public benefit; or to enable anybody corporate established directly by any law or any department of the government or any local authority to enter on the premises of any person in order to carry out work in connection with any property or installation which is lawfully on such premises and which belongs to that body corporate or to the government or to that authority, as the case may be; or for the purpose of protecting the rights and freedoms of other persons; or for the purpose of executing any judgement or order of a court; or for the purpose of affording such special care and assistance as are necessary for the health, safety, development and well-being of women, children and young persons, the aged and the handicapped; and except in so far as that provision or, as the case may be, the thing done under authority thereof is shown not to be reasonably justifiable in a democratic society. 23. provision to secure protection of law whenever any person is charged with a criminal offence he shall unless the charge is withdrawn, be afforded a fair hearing within a reasonable time by an independent and impartial court established by law. any court or other authority prescribed by law for the determination of the existence or extent of civil rights or obligations shall be independent and impartial; and where proceedings for such determination are instituted by or against any person or authority or the government before such court or authority, the case shall be given fair hearing within a reasonable time. all proceedings of every court and proceedings relating to the determination of the existence or the extent of civil rights or obligations before any court or other authority, including the announcement of the decision of the court or other authority, shall be held in public: provided that the court or other authority may, to such an extent as it may consider necessary or expedient in circumstances where publicity would prejudice the interest of justice or interlocutory civil proceedings or to such extent as it may be empowered or required by law so to do in the interest of defence, public safety, public order, public morality, the welfare of persons under the age of twenty-one years or the protection of the private lives of persons concerned in the proceedings, exclude from its proceedings, persons other than the parties thereto and their legal representatives. every person who is charged with a criminal offence, shall be presumed to be innocent until he is proved, or has pleaded guilty: provided that nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this subsection, to the extent that the law in question imposes on any person charged as aforesaid the burden of proving particular facts. every person who is charged with a criminal offence— shall be informed at the time he is charged in the language which he understands and in detail, of the nature of the offence charged; shall be given adequate time and facilities for the preparation of his defence; shall be permitted to defend himself in person or by a legal practitioner of his own choice; shall be afforded facilities to examine in person or by his legal practitioner the witnesses called by the prosecution before any court and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge: provided that nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this subsection to the extent that the law in question prohibits legal representation in a local court. when a person is tried for any criminal offence, the accused person or any person authorised by him in that behalf shall if he so requires, and subject to the payment of such reasonable fee as may be prescribed by law, be given within a reasonable time, and in any event not more than three months after trial, a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court. no person shall be held to be guilty of a criminal offence on account of any act or omission which did not, at the time it took place, constitute such an offence. no penalty shall be imposed for any criminal offence which is severer in degree or description than the maximum penalty which might have been imposed for that offence at the time when it was committed. no person who shows that he has been tried by any competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other offence of which he could have been convicted at the trial for that offence save upon the order of a superior court made in the course of appeal proceedings relating to the conviction or acquittal; and no person shall be tried for a criminal offence if he shows that he has been pardoned for that offence: provided that nothing in any law shall be held to be inconsistent with or in contravention of this subsection by reason only that it authorises any court to try a member of a defence force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under service law; but any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under service law. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of any provisions of this section, other than subsections (7) and (8), to the extent that the law in question authorises the taking during a period of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists before or during that period of public emergency. in paragraphs (c) and (d) of subsection (5), the expression “legal practitioner” means a person entitled to practise as a barrister and solicitor of the high court. 24. protection of freedom of conscience except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience and for the purpose of this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom either alone or in community with others and both in public and in private to manifest and propagate his religion or belief in worship, teaching, practice and observance. except with his own consent (or if he is a minor the consent of his parent or guardian) no person attending any place of education shall be required to receive religious instruction or to take part in or to attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion other than his own. no religious community or denomination shall be prevented from providing religious instruction for persons of that community or denomination in the course of any education provided by that community or denomination. no person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes a provision which is reasonably required— in the interest of defence, public safety, public order, public morality or public health; or for the purpose of protecting the rights and freedoms of other persons including the right to observe and practise any religion without the unsolicited intervention of the members of any other religion; and except in so far as that provision or, as the case may be, the thing done under the authority thereof, is shown not to be reasonably justifiable in a democratic society. 25. protection of freedom of expression and the press except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purpose of this section the said freedom includes the freedom to hold opinions and to receive and impart ideas and information without interference, freedom from interference with his correspondence, freedom to own, establish and operate any medium for the dissemination of information, ideas and opinions, and academic freedom in institutions of learning: provided that no person other than the government or any person or body authorised by the president shall own, establish or operate a television or wireless broadcasting station for any purpose whatsoever. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision— which is reasonably required— in the interests of defence, public safety, public order, public morality or public health; or for the purpose of protecting the reputations, rights and freedoms of other persons, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, or regulating the telephony, telegraphy, telecommunications, posts, wireless broadcasting, television, public exhibitions or public entertainment; or which imposes restrictions on public officers or members of a defence force; and except in so far as that provision or, as the case may be, the thing done under the authority thereof, is shown not to be reasonably justifiable in a democratic society. 26. protection of freedom of assembly and association except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to any political party, trade unions or other economic, social or professional associations, national or international, for the protection of his interests. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision— which is reasonably required— in the interests of defence, public safety, public order, public morality, public health, or provision for the maintenance of supplies and services essential to the life of the community; or for the purpose of protecting the rights and freedoms of other persons; or which imposes restrictions upon public officers or upon members of a defence force; or which imposes restrictions on the establishment of political parties, or regulates the organisation, registration, and functioning or political parties and the conduct of its members; and except in so far as that provision, or as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. 27. protection from discrimination subject to the provisions of subsection (4), (5) and (7), no law shall make any provision which is discriminatory either of itself or in its effect. subject to the provisions of subsections (6), (7) and (8), no person shall be treated in a discriminatory manner by any person acting by virtue of any law or in the performance of the functions of any public office or any public authority. in this section the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, tribe, sex, place of origin, political opinions, colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject, or are accorded privileges or advantages which are not accorded to persons of another such description. subsection (1) shall not apply to any law so far as that law makes provision— for the appropriation of revenues or other funds of sierra leone or for the imposition of taxation (including the levying of fees for the grant of licences); or with respect to persons who are not citizens of sierra leone; or with respect to persons who acquire citizenship of sierra leone by registration or by naturalization, or by resolution of parliament; or with respect to adoption, marriage, divorce, burial, devolution of property on death or other interests of personal law; or for the application in the case of members of a particular race or tribe or customary law with respect to any matter to the exclusion of any law with respect to that matter which is applicable in the case of other persons; or for authorising the taking during a period of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists during that period of public emergency; or whereby persons of any such description as mentioned in subsection (3) may be subjected to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society; or for the limitation of citizenship or relating to national registration or to the collection of demographic statistics. nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) to the extent that it makes provision with respect to qualifications for service as a public officer or as a member of a defence force or for the service of a local government authority or a body corporate established directly by any law or of membership of parliament. subsection (2) shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provisions of law as is referred to in subsection (4) or (5). nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) may be subjected to any restriction of the rights and freedoms guaranteed by sections 18, 22, 24, 25 and 26 being such a restriction as is authorised by subsection (3) of section 18, subsection (2) of section 22, subsection (5) of section 24, subsection (2) of section 25 or subsection (2) of section 26, as the case may be. the exercise of any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person under or by this constitution or any other law shall not be enquired into by any court on the grounds that it contravenes the provision of subsection (2). 28. enforcement of protective provisions subject to the provisions of subsection (4), if any person alleges that any of the provisions of sections 16 to 27 (inclusive) has been, is being or is likely to be contravened in relation to him by any person (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person, (or that other person), may apply by motion to the supreme court for redress. the supreme court shall have original jurisdiction— to hear and determine any application made by any person in pursuance of subsection (1); and to determine any question arising in the case of any person which is referred to in pursuance of subsection (3), and may make such order, issue such writs, and give such directions as it may consider appropriate for the purpose of enforcing, or securing the enforcement of any of the provisions of the said sections 16 to 27 (inclusive) to the protection of which the person concerned is entitled: provided that the supreme court shall not exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law. if in any proceedings in any court other than the supreme court, any question arises as to the contravention of any of the provisions of sections 16 to 27 inclusive, that court may, and shall if any party to the proceedings so requests, refer the question to the supreme court. the rules of court committee may make rules with respect to the practice and procedure of the supreme court for the purposes of this section; parliament may confer upon the supreme court such powers in addition to those conferred by this section as may appear to parliament to be necessary or desirable for the purpose of enabling the court more effectively to exercise the jurisdiction conferred upon it by this section. parliament shall make provision— for the rendering of financial assistance to any indigent citizen of sierra leone where his right under this chapter has been infringed, or with a view to enabling him to engage the services of a legal practitioner to prosecute his claim; and for ensuring that allegations of infringements of such rights are substantial and the requirement or need for financial or legal aid is real. the supreme court— consisting of not less than five justices of the supreme court shall consider every question referred to it under this chapter for a decision, and, having heard arguments by or on behalf of the parties by counsel, shall pronounce its decision on such question in open court as soon as may be and in any case not later than thirty days after the date of such reference; shall for the purposes of this chapter, give its decision by a majority of the justices of that court and such decision shall be pronounced by the chief justice or any other of the justices as the court shall direct. 29. public emergency whenever in the opinion of the president a state of public emergency is imminent or has commenced, the president may, at any time, by proclamation which shall be published in the gazette, declare that— a state of public emergency exists either in any part, or in the whole of sierra leone; or a situation exists which, if it is allowed to continue, may lead to a state of public emergency in any part of or the whole of sierra leone. the president may issue a proclamation of a state of public emergency only when— sierra leone is at war; sierra leone is in imminent danger of invasion or involvement in a state of war; or there is actual breakdown of public order and public safety in the whole of sierra leone or any part thereof to such an extent as to require extraordinary measures to restore peace and security; or there is a clear and present danger of an actual breakdown of public order and public safety in the whole of sierra leone or any part thereof requiring extraordinary measures to avert the same; or there is an occurrence of imminent danger, or the occurrence of any disaster or natural calamity affecting the community or a section of the community in sierra leone; or there is any other public danger which clearly constitutes a threat to the existence of sierra leone. every declaration made under subsection (1) shall lapse— in the case of a declaration made when parliament is sitting at the expiration of a period of seven days beginning with the date of publication of the declaration; and in any other case, at the expiration of a period of twenty-one days beginning with the date of the declaration, unless it has in the meantime been approved by or superseded by a resolution of parliament supported by the votes of two-thirds of the members of parliament. a declaration made under subsection (1) may at any time before being superseded by a resolution of parliament be revoked by the president by proclamation which shall be published in the gazette, and all measures taken thereunder shall be deemed valid and lawful and shall not be enquired into by any court or tribunal. during a period of public emergency, the president may make such regulations and take such measures as appear to him to be necessary or expedient for the purpose of maintaining and securing peace, order and good government in sierra leone or any part thereof. without derogating from the generality of the powers conferred by subsection (5) and notwithstanding the provisions of this chapter, the regulations or measures may, so far as appears to the president to be necessary or expedient for any of the purposes mentioned in that subsection— make provision for the detention of persons, the restriction of the movement of persons within defined localities, and the deportation and exclusion of persons other than citizens of sierra leone from sierra leone or any part thereof; authorise— the taking of possession or control on behalf of the government of any property or undertaking; the acquisition on behalf of the government of any property other than land; authorise the entering and search of any premises; amend any law, suspend the operation of any law, and apply any law with or without modification: provided that such amendment, suspension or modification shall not apply to this constitution; provide for charging, in respect of the grant or issue of any licence, permit, certificate or other document for the purpose of the regulations, such fees as may be prescribed by or under the regulations; provide for payment of compensation and remuneration to persons affected by the regulations; provide for the apprehension, trial and punishment of persons offending against the regulations; provide for maintaining such supplies and services as are, in the opinion of the president, essential to the life and well-being of the community: provided that nothing in this subsection shall authorise the making of regulations during a period of public emergency for the trial of persons who are not members of defence forces by military courts. the payment of any compensation or remuneration under the provisions of such regulations shall be a charge upon the consolidated fund. regulations made under this section shall apply to the whole of sierra leone or to such parts thereof as may be specified in the regulations. regulations made under this section may provide for empowering such authorities or persons as may be specified in the regulations to make orders and rules for any of the purposes for which the regulations are authorised by this constitution to be necessary or expedient for the purposes of the regulations. every regulation or measure taken under this section and every order or rule made in pursuance of such a regulation shall, without prejudice to the validity of anything lawfully done thereunder, cease to have effect ninety days from the date upon which it comes into operation unless before the expiration of the period, it has been approved by resolution passed by parliament. any such regulation, order or rule may, without prejudice to the validity of anything lawfully done thereunder at any time be amended or revoked by the president. subject to the provisions of subsections (7) and (8) of section 23, every regulation made under this section and every order or rule made in pursuance of such a regulation shall have effect notwithstanding anything inconsistent therewith contained in any law; and any provision of a law which is inconsistent with any such regulation, order or rule shall, whether that provision has or has not been amended, modified or suspended in its operation under any act, cease to have effect to the extent that such regulation, order or rule remains in force. a declaration made under subsection (1) that has been approved by or superseded by a resolution of parliament in pursuance of subsection (2) shall, subject to the provisions of subsection (3), remain in force as long as that resolution remains in force. a resolution of parliament passed for the purpose of this section shall remain in force for a period of twelve months or such shorter period as may be specified therein: provided that any such resolution may be extended from time to time by a further such resolution, supported by the votes of two-thirds of members of parliament, each extension not exceeding twelve months from the date of the resolution effecting the extension; and any such resolution may be revoked at any time by a resolution supported by the votes of a simple majority of all the members of parliament. any provision of this section that a declaration made under subsection (1) shall lapse or cease to be in force at any particular time is without prejudice to the making of a further such declaration whether before or after that time. every document purporting to be an instrument made or issued by the president or other authority or person in pursuance of this section, or of any regulation made thereunder and to be signed by or on behalf of the president or such other authority or person, shall be received in evidence, and shall, until the contrary be proved, be deemed to be an instrument made or issued by the president or that authority or person. the president may summon parliament to meet for the purpose of subsection (2) notwithstanding that parliament then stands dissolved, and the persons who were members of parliament immediately before the dissolution shall be deemed, for those purposes, still to be members of parliament but subject to the provisions of section 79 of this constitution (which relates to the election of the speaker of parliament), without prejudice to the provisions of section 85 of this constitution (which relates to the prolongation of the life of parliament during a period of public emergency), parliament shall not when summoned by virtue of this subsection transact any business other than debating and voting upon a resolution for the purpose of subsection (2). during a period of detention— if any person who is detained in such a case as is mentioned in paragraph (a) of subsection (6) and who is not released so requests at any time not earlier than thirty days after he last made such a request during that period, his case shall be reviewed by an independent and impartial tribunal established by law, comprising not more than three persons from amongst persons of not less than fifteen year’s standing entitled to practise in sierra leone as legal practitioners; the chairman of the tribunal, set up under paragraph (a) shall be appointed by the chief justice, and the two other members shall be nominated by the sierra leone bar association; on any review by a tribunal in pursuance of paragraph (a) of the case of any detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by whom it was ordered, but unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorises the taking during a period of a state of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists immediately before and during that period of a state of public emergency. 30. interpretation of chapter iii in this chapter, unless the context otherwise requires, the following expressions have the following meanings respectively, that is to say— “contravention” in relation to any requirement includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly; “court” means any court of law in sierra leone other than a local court or a court constituted by or under service law and— in section 16, section 17, section 18, section 19, subsections (3), (5), (6), (9) (but not the proviso thereto) and (11) of section 23, subsection (2) of section 25, subsection 8 of section 27, subsection (3) of section 28 and subsection (4) of section 29 includes, in relation to an offence against service law, a court so constituted; and in sections 17 and 19, and subsection (8) of section 27, includes, in relation to an offence against service law, an officer of a defence force or of the sierra leone police force; “defence force” means any naval, military or airforce of the government of the republic of sierra leone; “member” in relation to a defence force or other disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline; “owner” includes any person or his successor in title deprived of any right or interest pursuant to section 21; and “service law” means the law regarding the discipline of a defence force or of the sierra leone police force or the prisons service or any disciplined volunteer force. references in sections 16, 17, 18 and 21 to a “criminal offence” shall be construed as including references to an offence against service law and such references in subsections (4) to (9) of section 23 shall, in relation to proceedings before a court constituted by or under service law, be similarly construed. nothing done by or under the authority of the law of any country other than sierra leone to a member of an armed force raised under that law and lawfully present in sierra leone shall be held to be in contravention of the provisions of this chapter. in relation to any person who is a member of a disciplined force raised under an act of parliament, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this chapter. in relation to any person who is a member of a disciplined force raised otherwise than as aforesaid and lawfully present in sierra leone, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this chapter. in determining the appropriate “majority of all members of parliament” account shall only be taken of the persons actually and validly existing as members of parliament at the relevant time. chapter iv. the representation of the people 31. registration of voters every citizen of sierra leone being eighteen years of age and above and of sound mind shall have the right to vote, and accordingly shall be entitled to be registered as a voter for the purposes of public elections and referenda. 32. electoral commission there shall be an electoral commission for sierra leone. the members of the electoral commission shall be a chief electoral commissioner, who shall be chairman, and four other members who shall be known as electoral commissioners. the members of the electoral commission shall be appointed by the president after consultation with the leaders of all registered political parties and subject to the approval of parliament. a person shall not be qualified— for appointment as a member of the electoral commission if he is not qualified to be elected as a member of parliament, or to hold office as a member of the electoral commission if he is a minister, a deputy minister, a member of parliament, or a public officer, or if he has attained the age of sixty-five years. the terms and conditions of service of members of the electoral commission shall be such as parliament shall prescribe. a member of the electoral commission shall before assuming the functions of his office, take and subscribe before the president the oath as set out in the third schedule to this constitution. subject to the provisions of this section, a member of the electoral commission shall vacate his office— at the expiration of five years from the date of his appointment; or on attaining the age of sixty-five years; or if any circumstances arise which, if he were not a member of the commission, would cause him to be disqualified for appointment as such. a member of the electoral commission may be removed from office by the president for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misbehaviour. a member of the electoral commission shall not be removed from office except in accordance with the provisions of this section. whenever a member of the electoral commission dies, resigns, is removed from office, or is absent from sierra leone, or is by reason of illness or any other cause unable to perform the functions of his office, the president may appoint a person who is qualified to be appointed electoral commissioner and any person so appointed shall, subject to the provisions of subsections (6) and (7), continue to perform those functions until his appointment is revoked by the president, or until the electoral commissioner is able to perform those functions, or until the appointment of a new electoral commissioner. in the exercise of any functions vested in it by this constitution, the electoral commission shall not be subject to the direction or control of any person or authority. the chief electoral commissioner shall submit a report on the programme and work of the electoral commission at least once a year to the president and a copy of such report shall be laid before parliament. 33. functions of the electoral commission subject to the provisions of this constitution, the electoral commission shall be responsible for the conduct and supervision of the registration of voters for, and of, all public elections and referenda; and for that purpose shall have power to make regulations by statutory instrument for the registration of voters, the conduct of presidential, parliamentary or local government elections and referenda, and other matters connected therewith, including regulations for voting by proxy. 34. political parties registration commission there shall be a political parties registration commission which shall consist of four members appointed by the president, namely— the chairman of the commission, who shall be a person who has held judicial office or is qualified to be appointed a judge of the superior court of judicature nominated by the judicial and legal service commission; the chief electoral commissioner; a legal practitioner nominated by the sierra leone bar association; and a member nominated by the sierra leone labour congress. the members of the commission, other than the chief electoral commissioner, shall be appointed by the president, subject to the approval of parliament. the administrator and registrar-general shall be secretary to the commission. the commission shall be responsible for the registration of all political parties and for that purpose may make such regulations as may be necessary for the discharge of its responsibilities under this constitution: provided that the first registration of political parties after the coming into force of this constitution shall be undertaken by the electoral commission. in the exercise of any functions vested in it by this constitution, the commission shall not be subject to the direction or control of any person or authority, save only as regards the right to appeal contained in section 35. 35. registration and conduct of political parties subject to the provisions of this section, political parties may be established to participate in shaping the political will of the people, to disseminate information on political ideas, and social and economic programmes of a national character, and to sponsor candidates for presidential, parliamentary or local government elections. the internal organisation of a political party shall conform to democratic principles, and its aims, objectives, purposes and programmes shall not contravene, or be inconsistent with, any provisions of this constitution. a statement of the sources of income and the audited accounts of a political party, together with a statement of its assets and liabilities, shall be submitted annually to the political parties registration commission, but no such account shall be audited by a member of the political party whose account is submitted. no political party shall have as a leader a person who is not qualified to be elected as a member of parliament. no association, by whatever name called, shall be registered or be allowed to operate or to function as a political party if the political parties registration commission is satisfied that— membership or leadership of the party is restricted to members of any particular tribal or ethnic group or religious faith; or the name, symbol, colour or motto of the party has exclusive or particular significance or connotation to members of any particular tribal or ethnic group or religious faith; or the party is formed for the sole purpose of securing or advancing the interests and welfare of a particular tribal or ethnic group, community, geographical area or religious faith; or the party does not have a registered office in each of the provincial headquarter towns and the western area. subject to the provisions of this constitution, and in furtherance of the provisions of this section, parliament may make laws regulating the registration, functions and operation of political parties. any association aggrieved by a decision of the political parties registration commission under this section may appeal to the supreme court and the decision of the court shall be final. for the purposes of this section the expression— “association” includes anybody of persons, corporate or incorporate, who agree to act together for any common purpose, or an association formed for any ethnic, social, cultural, occupational or religious purpose; and “political party” means any association registered as a political party as prescribed by subsection (5). 36. secret ballot at any public elections or referenda voting shall be by secret ballot. 37. referendum in any referendum held pursuant to an act of parliament, every person who is entitled to vote in elections of members of parliament shall be entitled to vote at such referendum and no other person may so vote; and the issue in the referendum shall not be regarded as having been approved at that referendum unless it was so approved by the votes of not less than one-half of all such persons or by not less than two-thirds of all the valid votes cast. the conduct of any referendum for the purposes of subsection (1) shall be under the general supervision of the electoral commission and the provisions of section 38 of this constitution shall apply in relation to the exercise by the electoral commission of its functions with respect to a referendum as they apply in relation to the exercise of its functions with respect to elections of members of parliament. a bill for an act of parliament under this section shall not be submitted to the president for his assent unless it is accompanied by a certificate under the hand of the speaker (or if the speaker is for any reason unable to exercise the functions of his office, the deputy speaker) that the provisions of subsections (1), (2) and (3) of section 106 and, where appropriate, the provisions of subsections (1) and (2) have been complied with. 38. constituencies and elections sierra leone shall be divided into such constituencies for the purpose of electing the members of parliament referred to in paragraph (b) of subsection (1) of section 74 of this constitution as the electoral commission, acting with the approval of parliament signified by resolution of parliament, may prescribe. every constituency established under this section shall return one member of parliament. the boundaries of each constituency shall be such that the number of inhabitants thereof is as nearly equal to the population quota as is reasonably practicable: provided that the number of inhabitants of such a constituency may be greater or less than the population quota in order to take account of means of communications, geographical features, density of population, the distribution of different communities, the areas and boundaries of the chiefdoms and other administrative or traditional areas. the electoral commission shall review the division of sierra leone into constituencies at intervals of not less than five and not more than seven years, and may alter the constituencies in accordance with the provisions of this section to such extent as it may consider desirable in the light of the review: provided that the commission may at any time carry out such a review and alter the constituencies in accordance with the provisions of this section to such extent as it considers necessary in consequence of any alteration in the number of members of parliament referred to in paragraph (b) of subsection (1) of section 74 by reason of the holding of a census of the population of sierra leone in pursuance of an act of parliament. where the boundaries of any constituency are altered in accordance with the provisions of this section, that alteration shall come into effect upon the next dissolution of parliament after the alteration has been approved by parliament. in this section “population quota” means the number obtained by dividing the number of inhabitants of sierra leone by the number of constituencies into which sierra leone is divided under this section. for the purposes of this section the number of inhabitants of sierra leone shall be ascertained by reference to the latest census of the population of sierra leone held in pursuance of an act of parliament or if no census has been so held, by reference to any available information, which in the opinion of the electoral commission best indicates the number of those inhabitants. the registration of voters and the conduct of elections in every constituency shall be subject to the direction and supervision of the electoral commission, and it shall cause the register of voters to be revised and reviewed at least once in every three years. 38a. election by district block representation system where, under any law for the time being in force, a date for a general election of members of parliament has been appointed but constituencies have not been established in accordance with subsection (3) of section 38 for the purposes of such election, the president may, after consultation with the electoral commission, direct that such election shall be conducted on the basis of the existing districts in a manner to be known as the district block representation system instead of constituencies. in the district block representation system, the election shall be contested in each specified district by political parties for the block or number of seats in parliament allocated to the district by or under an act of parliament and the political parties shall be allocated seats in parliament by the electoral commission on the basis of their proportional share of the total district vote. members of parliament for the seats won by a political party in a district shall be determined by the electoral commission from a list of the candidates of that political party for the district submitted to the electoral commission before the date of the election and showing the order of preference of the candidates. the number of candidates on the list referred to in subsection (3) shall be not less than double the block or number of seats allocated to the district so as to enable vacancies in parliament to be filled by the electoral commission from that list as and when such vacancies occur. 39. filling of vacancies when the seat of any member of parliament becomes vacant, the vacancy shall be filled by election, not later than six months after the vacancy occurs, in accordance with the provisions of law relating to such election: provided that if parliament is dissolved before such election is due to be held, the vacancy shall be filled at the general election. the proclamation appointing a date for the holding of an election to fill a vacancy shall be published in the gazette not less than twenty-one days before the date appointed for holding the election. chapter v. the executive part i. the president 40. office of president there shall be a president of the republic of sierra leone who shall be head of state, the supreme executive authority of the republic and commander-in-chief of the armed forces. the president shall be the fountain of honour and justice and the symbol of national unity and sovereignty. the president shall be the guardian of the constitution and the guarantor of national independence and territorial integrity, and shall ensure respect for treaties and international agreements. notwithstanding any provisions of this constitution or any other law to the contrary, the president shall, without prejudice to any such law as may for the time being be adopted by parliament, be responsible, in addition to the functions conferred upon him in the constitution, for— all constitutional matters concerning legislation; relations with foreign states; the reception of envoys accreditted to sierra leone and the appointment of principal representatives of sierra leone abroad; the execution of treaties, agreements or conventions in the name of sierra leone; the exercise of the prerogative of mercy; the grant of honours and awards; the declaration of war; and such other matters as may be referred to the president by parliament: provided that any treaty, agreement or convention executed by or under the authority of the president which relates to any matter within the legislative competence of parliament, or which in any way alters the law of sierra leone or imposes any charge on, or authorises any expenditure out of, the consolidated fund or any other fund of sierra leone, and any declaration of war made by the president shall be subject to ratification by parliament— by an enactment of parliament; or by a resolution supported by the votes of not less than one-half of the members of parliament. 41. qualifications for office of president no person shall be qualified for election as president unless he— is a citizen of sierra leone; is a member of a political party; has attained the age of forty years; and is otherwise qualified to be elected as a member of parliament. 42. election of president a presidential candidate shall be nominated by a political party. the following provisions shall apply to an election to the office of president— all persons registered in sierra leone as voters for the purposes of election to parliament shall be entitled to vote in the election; the poll shall be taken by a secret ballot on such day or days, at such time, and in such manner as may be prescribed by or under an act of parliament; a candidate for an election to the office of president shall be deemed to have been duly elected to such office where he is the only candidate nominated for the election after the close of nomination; where in an election to the office of president a candidate nominated for the election dies, is incapacitated or disqualified, the party which nominated him shall within seven days of such death, incapacitation or disqualification, nominate another candidate; no person shall be elected as president of sierra leone unless at the presidential election he has polled not less than fifty-five per cent of the valid votes in his favour; and in default of a candidate being duly elected under paragraph (e), the two candidates with the highest number or numbers of votes shall go forward to a second election which shall be held within fourteen days of the announcement of the result of the previous election, and the candidate polling the higher number of votes cast in his favour shall be declared president. a person elected to the office of president under this section shall assume that office on the day upon which he is declared elected by the returning officer, or upon the date that his predecessor’s term of office expires, whichever is the latter. 43. period during which presidential election shall take place a presidential election shall take place— where the office of president is to become vacant by effluxion of time and the president continues in office after the beginning of the period of four months ending with the date when his term of office would expire by effluxion of time, during the first three months of that period; in any other case, during the period of three months beginning with the date when the office of president becomes vacant: provided that— where any proceedings have been lawfully commenced or taken for the purposes of the election and assumption of office of a president, it shall not be recommended or retaken whether or not a president has thereby been duly elected, by reason only that a vacancy has occurred in the office of president otherwise than by effluxion of time; and the said proceedings shall, subject to the provisions of this constitution, be continued and completed in accordance with this constitution and any other law for the time being in force relating thereto, with such modification as may be necessary; where the office of president becomes vacant during a period when parliament is dissolved, the presidential election shall be held and completed before the election of members of parliament; and where any proceedings have been lawfully commenced or taken for the purposes of the election and assumption of office of a president, if in such proceedings, due to any exceptional circumstances, a date has been appointed independently of paragraphs (a) and (b) of section 43 for the holding of the elections, such date shall be taken to be included in any period required to enable the president to continue in office as if parliament has granted an extension of the presidential term of office under section 49(2) for a period of four months commencing from any date on which the presidential term would have otherwise expired, but the foregoing shall be without prejudice to subsection (3) of section 42. 44. parliament to make laws for election of president parliament shall make laws for the purpose of regulating the election of the president and other matters connected therewith. 45. presidential returning officer the chief electoral commissioner shall be the returning officer for the election of a president. any question which may arise as to whether— any provision of this constitution or any law relating to the election of a president under sections 42 and 43 of this constitution has been complied with; or any person has been validly elected as president under section 42 of this constitution or any other law, shall be referred to and determined by the supreme court. 46. tenure of office of president, etc no person shall hold office as president for more than two terms of five years each whether or not the terms are consecutive. any person who is elected president while he is, or has been elected a member of parliament shall, on assuming office as president, cease to be an elected member of parliament and his seat shall be declared vacant. the president shall not, while he continues in office as president, hold any other office of profit or emolument in the service of sierra leone or occupy any other position carrying the right to remuneration for rendering services. upon his assumption of office, the president shall take and subscribe the oath for the due execution of his office as set out in the second schedule to this constitution. the oath aforesaid shall be administered by the chief justice of sierra leone or the person for the time being appointed to exercise the functions of the chief justice. 47. president in parliament the president shall be entitled to address parliament in person or to send a message to parliament to be read by his vice-president or a minister on his behalf. 48. incidents of office, etc the president shall receive such salary and allowances as may be prescribed by parliament and such salary and allowances payable to the president are hereby charged on the consolidated fund. the salary and allowances of the president shall not be altered to his disadvantage during his tenure of office. the president shall be exempted from personal taxation. while any person holds or performs the functions of the office of president, no civil or criminal proceedings shall be instituted or continued against him in respect of anything done or omitted to be done by him either in his official or private capacity the president shall be entitled to such pension and retiring benefits as shall be prescribed by parliament. 49. vacancy in office of president the office of president shall become vacant— on the expiration of any of the terms prescribed in subsection (1) of section 46 of this constitution; or where the incumbent dies or resigns or retires from that office; or where the incumbent ceases to hold that office in pursuance of section 50 or 51 of this constitution: provided that the president shall not resign or retire from this office even at the due expiration of his term of office while a general election of members of parliament is pending within the ensuing three months, or where a state of public emergency has been declared. if sierra leone is at war in which the national territory is physically involved, and the president considers that it is not practicable to hold elections, parliament may by resolution extend the period of five years mentioned in sub-section (1) of section 46, but no such extension shall exceed a period of six months at any one time. any resignation or retirement by a person from the office of president shall be in writing addressed to the chief justice and a copy thereof shall be sent to the speaker and the chief electoral commissioner. whenever the president dies, resigns, retires or is removed from office as a result of paragraphs (b) and (c) of subsection (1), the vice-president shall assume office as president for the unexpired term of the president with effect from the date of the death, resignation, retirement or removal of the president, as the case may be. the vice-president shall, before assuming office as president in accordance with subsection (4), take and subscribe the oath for the due execution of his office as set out in the second schedule to this constitution. 50. mental or physical incapacity where the cabinet has resolved that the question of the mental or physical capacity of the president to discharge the functions conferred on him by this constitution ought to be investigated and has informed the speaker accordingly, the speaker shall, in consultation with the head of the medical service of sierra leone, appoint a board consisting of not less than five persons selected by him from among persons registered as medical practitioners under the laws of sierra leone. the board appointed under subsection (1) shall enquire into the matter and make a report to the speaker stating the opinion of the board whether or not the president is, by reason of any infirmity of mind or body, incapable of discharging the functions conferred on the president by this constitution. where the cabinet has resolved that the question of the mental or physical capacity of the president to discharge the functions conferred on him by this constitution ought to be investigated in accordance with the provisions of subsection (1), the president shall, as soon as another person assumes the office of president, cease to perform those functions and until the board submits its report, those functions shall be exercised in accordance with subsection (1) of section 52 of this constitution. where the board reports that the president is incapable of discharging the functions conferred on him by this constitution by reason of infirmity of mind or body, the speaker shall certify in writing accordingly, and thereupon, the president shall cease to hold office and a vacancy shall be deemed to have occurred in the office of president and subsection (4) of section 49 of this constitution shall apply. upon receipt of the report of the board referred to in subsection (4), the speaker shall— if parliament is then sitting or has been summoned to meet, within five days communicate the report to parliament; if parliament is not then sitting, (and notwithstanding that it may be prorogued), summon parliament to meet within twenty-one days after the receipt by the speaker of the report of the board and communicate the report of the board to parliament. for the purposes of this section— the cabinet may act notwithstanding any vacancy in its membership or the absence of any member; a certificate by the speaker that the president is by reason of mental or physical infirmity unable to discharge the functions of the office of president conferred on him by this constitution shall, in respect of any period for which it is in force, be conclusive and shall not be entertained or enquired into in any court. 51. misconduct by president if notice in writing is given to the speaker signed by not less than one-half of all the members of parliament of a motion alleging that the president has committed any violation of the constitution or any gross misconduct in the performance of the functions of his office and specifying the particulars of the allegations and proposing that a tribunal be appointed under this section to investigate those allegations, the speaker shall— if parliament is then sitting or has been summoned to meet within five days, cause the motion to be considered by parliament within seven days of the receipt of the notice; or if parliament is not then sitting, (and notwithstanding that it may be prorogued), summon parliament to meet within twenty-one days of the receipt of the notice, and cause the motion to be considered by parliament. where a motion under this section is proposed for consideration by parliament, it shall meet in secret session and shall not debate the motion, but the speaker or the person presiding in parliament shall forthwith cause a vote to be taken on the motion and, if the motion is supported by the votes of not less than two-thirds of all members of parliament, shall declare the motion to be passed. if a motion is declared to be passed under subsection (2)— the speaker shall immediately notify the chief justice who shall appoint a tribunal which shall consist of a chairman who shall be a justice of the supreme court and not less than four others selected by the chief justice, at least two of whom shall hold or shall have held high judicial office; the tribunal shall investigate the matter and shall within the period of three months from the date on which the motion was passed report to parliament through the speaker whether or not it finds the particulars of the allegation specified in the motion to have been sustained; the president shall have the right to appear and be represented before the tribunal during its investigation of the allegations against him. if the tribunal reports to parliament that it finds that the particulars of any allegations against the president specified in the motion have not been substantiated, no further proceedings shall be taken under this section in respect of that allegation. where the tribunal reports to parliament that it finds that the particulars of any allegation specified in the motion have been substantiated, parliament may, in secret session, on a motion supported by the votes of not less than two-thirds of all the members of parliament, resolve that the president has been guilty of such violation of the constitution or, as the case may, such gross misconduct as is incompatible with his continuance in office as president; and where parliament so resolves, the president shall thereupon cease to hold office and a vacancy shall then be deemed to have occurred in the office of president and subsection (4) of section 49 of this constitution shall apply accordingly. 52. temporary filling of vacancy whenever the president is absent from sierra leone or is by reason of illness or any other cause unable to perform the functions conferred upon him by this constitution, those functions shall be performed by the vice-president. upon assumption of office under subsection (1), the vice-president shall not take and subscribe the oath of office of president. part ii. executive powers 53. exercise of executive authority in sierra leone subject to the provisions of this constitution, the executive power in sierra leone shall vest in the president and may be exercised by him directly or through members of the cabinet, ministers, deputy ministers or public officers subordinate to him. in the exercise of his functions, the president may act in accordance with the advice of the cabinet or a minister acting under the general authority of the cabinet except in cases where, by this constitution or any other law, he is required to act with the approval of parliament or in accordance with the advice of any person or authority other than the cabinet: provided that the president shall always act in accordance with his deliberate judgement in signifying his approval for the purpose of an appointment to an office on his personal staff. where by this constitution or under any other law the president is required to act in accordance with the advice of any person or authority, the question whether he has in any case received or acted in accordance with such advice shall not be inquired into in any court. the reference in subsection (1) to the functions of the president shall be construed as reference to his powers and duties in the exercise of the executive authority of sierra leone and to any other powers and duties conferred or imposed on him as president by or under this constitution or any other law. nothing in this section shall prevent parliament from conferring functions on persons or authorities other than the president. 54. vice-president there shall be a vice-president of the republic of sierra leone who shall be the principal assistant to the president in the discharge of his executive functions. a person— shall be designated a candidate for the office of vice-president by a presidential candidate before a presidential election; shall not be qualified to be a candidate for the office of vice-president unless he has the qualifications specified in section 41. a candidate shall be deemed to be duly elected as vice-president if the candidate who designated him as candidate for election to the office of vice-president has been duly elected as president in accordance with the provisions of section 42. the vice-president shall, before entering upon the duties of his office, take and subscribe the oath of vice-president as set out in the third schedule of this constitution. whenever the office of the vice-president is vacant, or the vice-president dies, resigns, retires or is removed from office, the president shall appoint a person qualified to be elected as a member of parliament to the office of vice-president with effect from the date of such vacancy, death, resignation, retirement or removal. whenever the president and vice-president are both for any reason unable to perform the functions of the president, the speaker of parliament shall perform those functions until the president or vice-president is able to perform those functions, and shall take and subscribe the oath of office as set out in the second schedule before commencing to perform those functions. where the speaker of parliament assumes the office of president as a result of the death, resignation or removal from office of the president and vice-president, there shall be a presidential election within ninety days of that assumption of office. the provisions of sections 50 and 51 of this constitution, relating to the removal from office of the president, shall apply to the removal from office of the vice-president. 55. vacancy in the office of vice-president the office of the vice-president shall become vacant— on the expiration of the term of office of the president; or if the vice-president resigns or retires from office or dies; or if the vice-president is removed from office in accordance with the provisions of section 50 or 51 of this constitution; or upon the assumption by the vice-president to the office of president under subsection (4) of section 49. 56. ministers and deputy ministers of government there shall be, in addition to the office of vice-president, such other offices of ministers and deputy ministers as may be established by the president: provided that no member of parliament shall be appointed a minister or deputy minister. a person shall not be appointed a minister or deputy minister unless— he is qualified to be elected as a member of parliament; and he has not contested and lost as a candidate in the general election immediately preceding his nomination for appointment; and his nomination is approved by parliament. a minister or a deputy minister shall not, while he continues in office, hold any other office of profit or emolument whether by way of allowances or otherwise, whether private or public, and either directly or indirectly: provided that the vice-president, the ministers and the deputy ministers shall be entitled to such remuneration allowances, gratuities, pensions, and other incidents of office as may be prescribed by parliament. subject to the provisions of section 53 of this constitution, the ministers and deputy ministers shall hold office at the president’s discretion. subject to the provisions of subsection (6), the vice-president and the other ministers under the direction of the president shall be responsible for such departments of state or other business of the government as the president may assign to them. notwithstanding the provisions of subsection (5), the president shall be responsible for such departments of state, including the commissions established under this constitution, as he may determine. 57. oaths to be taken by ministers, etc a minister or a deputy minister shall not enter upon the duties of his office unless he has taken and subscribed the oath for the due execution of his duties as set out in the third schedule. 58. ministerial vacancies the office of a minister or a deputy minister shall become vacant— on the expiration of the term of office of the president; or if his appointment is revoked by the president; or if he resigns or retires from office or dies; or if he is elected as speaker or deputy speaker of parliament; or upon the assumption of any other person to the office of president. notwithstanding the provisions of paragraphs (a) and (e) of subsection (1), ministers and deputy ministers shall not vacate office as such by reason of the expiration of the term of office of the president or the assumption by the speaker to the office of president pursuant to subsections (7) and (8) of section 54 and shall accordingly continue to perform the functions of their respective offices until the election of the new president and the vice-president. 59. establishment of cabinet there shall be a cabinet whose functions shall be to advise the president in the government of sierra leone and which shall consist of the president, the vice-president and such ministers as the president may from time to time appoint. a person appointed as a member of cabinet shall vacate his seat in the cabinet if he ceases to be a minister or if the president so directs. the cabinet shall determine the general policy of the government. the president shall hold regular meetings of the cabinet at which he shall preside, and in his absence the vice-president shall preside. 60. collective responsibility the cabinet shall be collectively responsible to parliament for any advice given to the president by or under the general authority of the cabinet and for all things done by or under the authority of any minister in the execution of his office. the provisions of this section shall not apply in relation to— the appointment and removal from office of ministers and deputy ministers, or the assignment of responsibility to any minister; or the exercise of the prerogative of mercy; or the exercise by the attorney-general and minister of justice or the director of public prosecutions of the powers conferred upon them under section 66. 61. constitution of offices subject to the provisions of this constitution and of any act of parliament, the president may constitute offices for sierra leone, make appointments to any such office and terminate any such appointment. 62. administration of ministries where any minister has been charged with responsibility for any department of government, he shall exercise general direction and control over that department and, subject to such direction and control, the department shall be under the supervision of a permanent secretary, whose office shall be a public office: provided that two or more departments of government may be placed under the supervision of one permanent secretary. 63. prerogative of mercy the president may, acting in accordance with the advice of a committee appointed by the cabinet over which the vice-president shall preside— grant any person convicted of any offence against the laws of sierra leone a pardon, either free or subject to lawful conditions; grant to any person a respite, either indefinite or for a specified period of the execution of any punishment imposed on that person for such an offence; substitute a less severe form of punishment for any punishment imposed on any person for such an offence; remit the whole or any part of any punishment imposed upon any person for such an offence or any penalty or forfeiture otherwise due to the government on account of such an offence. where any person has been sentenced to death by any court for any offence, the committee appointed under subsection (1) shall cause a written report of the case from the trial judge together with such other information, including a medical report on the prisoner, derived from the record of the case or elsewhere, as the committee may require, to be submitted to it as soon as possible. 64. establishment of office of attorney-general and minister of justice there shall be an attorney-general and minister of justice who shall be the principal legal adviser to the government and a minister. the attorney-general and minister of justice shall be appointed by the president from among persons qualified to hold office as a justice of the supreme court and shall have a seat in the cabinet. all offences prosecuted in the name of the republic of sierra leone except offences involving corruption under the anti-corruption act, 2000, shall be at the suit of the attorney-general and minister of justice or some other person authorized by him in accordance with any law governing the same. the attorney-general and minister of justice shall have audience in all courts in sierra leone except local courts. 65. solicitor-general there shall be a solicitor-general, whose office shall be a public office. the solicitor-general shall be appointed by the president on the advice of the judicial and legal service commission and he shall, before assuming the functions of his office, take and subscribe to the oath as set out in the third schedule to this constitution. a person shall not be qualified to hold or act in the office of solicitor-general unless he is qualified for appointment as a justice of the court of appeal. the solicitor-general shall be the principal assistant to the attorney-general and minister of justice. the solicitor-general shall have audience in all courts in sierra leone except local courts. the solicitor-general shall in all matters or any other law be subject to the general or special direction of the attorney-general and minister of justice. subject to the provisions of this section, a person holding the office of solicitor-general shall vacate his office when he attains the age of sixty-five years. if the office of solicitor-general is vacant or the holder of that office is for any reason unable to perform the functions thereof, a person qualified for appointment to that office may be appointed to act therein, and any person so appointed shall, subject to the provisions of subsection (7) and subsections (9) to (12) inclusive, continue to act until a person has been appointed to and has assumed the functions of the office of solicitor-general or until the person holding that office has resumed those functions. the solicitor-general may be removed from office only for inability to discharge the functions of his office, (whether arising from infirmity of mind or body or any other cause), or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. if the judicial and legal service commission represents to the president that the question of removing the solicitor-general from office under subsection (9) ought to be investigated then— the president, acting in consultation with the judicial and legal service commission, shall appoint a tribunal which shall consist of a chairman and two other members, all of whom shall be persons who hold, have held or are qualified to hold office as a justice of the supreme court; and the tribunal shall enquire into the matter and report on the facts thereof and the findings thereon, and recommend to the president whether the solicitor-general ought to be removed from office under subsection (12). where the question of removing the solicitor-general from office has been referred to a tribunal under subsection (10), the president may suspend the solicitor-general from performing the functions of his office, and any such suspension may at any time be revoked by the president, and shall in any case cease to have effect if the tribunal recommends to the president that the solicitor-general shall not be removed from office. the solicitor-general shall be removed from office by the president if the question of his removal from office has been referred to a tribunal appointed under subsection (10) and the tribunal has recommended to the president that he ought to be removed from office for inability to discharge the functions of his office as stated in subsection (9) or for misbehaviour. 66. director of public prosecutions there shall be a director of public prosecutions, whose office shall be a public office. the director of public prosecutions shall be appointed by the president on the advice of the judicial and legal service commission and subject to the approval of parliament, and shall, before assuming the functions of his office, take and subscribe to the oath as set out in the third schedule to this constitution. a person shall not be qualified to hold or act in the office of director of public prosecutions unless he is qualified for appointment as a justice of the court of appeal. subject to subsection (3) of section 64, the director of public prosecutions shall have power in any case in which he considers it desirable so to do— to institute and undertake criminal proceedings against any person before any court in respect of any offence against the laws of sierra leone except any offence involving corruption under the anti-corruption act, 2000. to take over and continue any such criminal proceedings that may have been instituted by any other person or authority; and to discontinue at any stage before judgement is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority. the powers of the director of public prosecutions under subsection (4) may be exercised by him in person or through other persons acting under and in accordance with his general or special instructions. the director of public prosecutions shall in all matters including his powers under this constitution or any other law be subject to the general or special direction of the attorney-general and minister of justice. the powers conferred upon the attorney-general and minister of justice by this section shall be vested in him to the exclusion of any other person or authority: provided that where any other person or authority has instituted criminal proceedings, nothing in this section shall prevent the withdrawal of those proceedings by or at the instance of that person or authority at any stage before the person against whom the proceedings have been instituted has been charged before the court. in the exercise of the powers conferred upon him by this section, the attorney-general and minister of justice shall not be subject to the direction or control of any other person or authority. for the purposes of this section, any appeal from any determination in any criminal proceedings before any court, or any case stated or question of law reserved for the purposes of any such proceedings, to any other court shall be deemed to be part of those proceedings. subject to the provisions of this section, a person holding the office of director of public prosecutions shall vacate his office when he attains the age of sixty-five years. if the office of director of public prosecutions is vacant or the holder of that office is for any reason unable to perform the functions thereof, a person qualified for appointment to that office may be appointed to act therein, and any person so appointed shall, subject to the provisions of subsection (10) and subsections (12) to (15) inclusive, continue to act until a person has been appointed to and has assumed the functions of the office of director of public prosecutions or until the person holding that office has resumed those functions. the director of public prosecutions may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. if the judicial and legal service commission represents to the president that the question of removing the director of public prosecutions from office under subsection (12) ought to be investigated then— the president, acting in consultation with the judicial and legal service commission, shall appoint a tribunal which shall consist of a chairman and two other members, all of whom shall be persons who hold, have held, or are qualified to hold office as a justice of the supreme court; and the tribunal shall enquire into the matter and report on the facts thereof and the findings thereon to the president and recommend to the president whether the director of public prosecutions ought be removed from office under subsection (15). where the question of removing the director of public prosecutions from office has been referred to a tribunal under subsection (10), the president may suspend the director of public prosecutions from performing the functions of his office, and any such suspension may at any time be revoked by the president, and shall in any case cease to have effect if the tribunal recommends to the president that the director of public prosecutions shall not be removed from office. the director of public prosecutions shall be removed from office by the president if the question of his removal from office has been referred to a tribunal appointed under subsection (13) and the tribunal has recommended to the president that he ought to be removed from office for inability as aforesaid or for misbehaviour. 67. secretary to the president there shall be a secretary to the president who shall be appointed by the president at his sole discretion. the functions of the secretary to the president shall include— acting as the principal adviser to the president on public service matters; the administration and management of the office of the president, of which he shall also be vote controller; the performance of all other functions assigned to him from time to time by the president. the office of secretary to the president and the offices of members of his staff shall be public offices. before assuming the functions of his office, the secretary to the president shall take and subscribe to the oath as set out in the third schedule to this constitution. 68. secretary to the cabinet there shall be a secretary to the cabinet who shall be the head of the civil service and whose office shall be a public office. the secretary to the cabinet shall be appointed by the president in consultation with the public service commission. the functions of the secretary to the cabinet shall include— having charge of the cabinet secretariat; responsibility for arranging the business for, and keeping the minutes of, the cabinet, and for conveying the decisions of the cabinet to the appropriate person or authority, in accordance with such instructions as may be given to him by the president; co-ordinating and supervising the work of all administrative heads of ministries and departments in the public service; such other functions as the president may from time to time determine. the secretary to the cabinet shall not assume the duties of his office unless he has taken and subscribed to the oath as set out in the third schedule to this constitution. 69. secretary to the vice-president there shall be a secretary to the vice-president whose office shall be a public office. the secretary to the vice-president shall be appointed by the president in consultation with the public service commission and shall, before assuming the functions of his office, take and subscribe to the oath as set out in the third schedule to this constitution. 70. power of appointment vested in the president the president may appoint, in accordance with the provisions of this constitution or any other law the following persons— the chief justice; any justice of the supreme court, court of appeal, or judge of the high court. the auditor-general; the sole commissioner or the chairman and other members of any commission established by this constitution; the chairman and other members of the governing body of any corporation established by an act of parliament, a statutory instrument, or out of public funds, subject to the approval of parliament. 71. other statutory appointments notwithstanding the provisions of section 152 of this constitution and save as otherwise provided in this constitution, the president shall, in accordance with the provisions of this constitution or any other law, appoint— to any office to which section 141 (which relates to the offices within the jurisdiction of the judicial and legal service commission) applies; to any office to which sections 153 and 154, which relate to certain offices abroad and the offices of permanent secretaries respectively, apply; the governor and the other members of the governing body of any state bank, banking or financial institutions. 72. office of paramount chief the institution of chieftaincy as established by customary law and usage and its non-abolition by legislation is hereby guaranteed and preserved. without derogating from the generality of the provisions of subsection (1), no provision of law in so far as it provides for the abolition of the office of paramount chief as existing by customary law and usage immediately before the entry into force of this constitution, shall have effect unless it is included in an act of parliament and the provisions of section 108 shall apply in relation to the bill for such an act as they apply in relation to the bill for an act of parliament that alters any of the provisions of this constitution that are referred to in subsection (3) of that section. nothing contained in or done under the authority of any law shall be held to be inconsistent with, or in contravention of, the provisions of subsection (1) to the extent that the law in question makes provision for the determination, in accordance with appropriate customary law and usage, of the validity of the nomination, election, unseating or replacement of any paramount chief, or the question of restraining in any way the exercise of any rights, duties, privileges or functions conferred upon, or enjoyed by him, by virtue of his office or the installation or deposition of a person as a paramount chief. a paramount chief may be removed from office by the president for any gross misconduct in the performance of the functions of his office if after a public inquiry conducted under the chairmanship of a judge of the high court or a justice of appeal or a justice of the supreme court, the commission of inquiry makes an adverse finding against the paramount chief, and the president is of the opinion that it is in the public interest that the paramount chief should be removed. subject to the provisions of this constitution and in furtherance of the provisions of this section, parliament shall make laws for the qualifications, election, powers, functions, removal and other matters connected with chieftaincy. chapter vi. the legislature part i. composition of parliament 73. establishment of parliament there shall be a legislature of sierra leone which shall be known as parliament, and shall consist of the president, the speaker and members of parliament. subject to the provisions of this constitution, the legislative power of sierra leone is vested in parliament. parliament may make laws for the peace, security order and good government of sierra leone. 74. members of parliament members of parliament shall comprise the following— one member of parliament for each district who shall, subject to the provisions of this constitution, be elected in such manner as may be prescribed by or under any law from among the persons who, under any law, are for the time being paramount chiefs; and such number of members as parliament may prescribe who, subject to the provisions of this constitution, shall be elected in such manner as may be prescribed by or under any law. the number of members of parliament to be elected pursuant to paragraphs (a) and (b) of subsection (1) shall not together be less than sixty. in any election of members of parliament the votes of the electors shall be given by ballot in such manner as not to disclose how any particular elector votes. members of parliament shall be entitled to such salaries, allowances, gratuities, pensions and such other benefits as may be prescribed by parliament. 75. qualifications for membership of parliament subject to the provisions of section 76, any person who— is a citizen of sierra leone (otherwise than by naturalization); and has attained the age of twenty-one years; and is an elector whose name is on a register of electors under the franchise and electoral registration act, 1961, or under any act of parliament amending or replacing that act; and is able to speak and to read the english language with a degree of proficiency sufficient to enable him to take an active part in the proceedings of parliament, shall be qualified for election as such a member of parliament: provided that a person who becomes a citizen of sierra leone by registration by law shall not be qualified for election as such a member of parliament or of any local authority unless he shall have resided continuously in sierra leone for twenty-five years after such registration or shall have served in the civil or regular armed services of sierra leone for a continuous period of twenty-five years. 76. disqualifications for membership of parliament no person shall be qualified for election as a member of parliament— if he is a naturalised citizen of sierra leone or is a citizen of a country other than sierra leone having become such a citizen voluntarily or is under a declaration of allegiance to such a country; or if he is a member of any commission established under this constitution, or a member of the armed forces of the republic, or a public officer, or an employee of a public corporation established by an act of parliament, or has been such a member, officer or employee within twelve months prior to the date on which he seeks to be elected to parliament; or if under any law in force in sierra leone he is adjudged to be a lunatic or otherwise declared to be of unsound mind; or if he has been convicted and sentenced for an offence which involves fraud or dishonesty; or if he is under a sentence of death imposed on him by any court; or if in the case of the election of such member as is referred to in paragraph (b) of subsection (1) of section 74, he is for the time being a paramount chief under any law; or if being a person possessed of professional qualifications, he is disqualified (otherwise than at his own request) from practising his profession in sierra leone by order of any competent authority made in respect of him personally within the immediately preceding five years of an election held in pursuance of section 87; or if he is for the time being the president, the vice-president, a minister or a deputy minister under the provisions of this constitution. a person shall not be qualified for election to parliament if he is convicted by any court of any offence connected with the election of members of parliament: provided that in any such case the period of disqualification shall not exceed a period of five years from the date of the general election following the one for which he was disqualified. any person who is the holder of any office the functions of which involve responsibility for, or in connection with, the conduct of any election to parliament or the compilation of any register of voters for the purposes of such an election shall not be qualified for election to parliament. a person shall not be disqualified for election as a member of parliament under paragraph (b) of subsection (1) by reason only that he holds the office of member of a chiefdom council, member of a local court or member of anybody corporate established by or under any of the following laws, that is to say, the freetown municipality act, the chiefdom councils act, the rural area act, the district councils act, the sherbro urban district council act, the bo town council act, and the townships act or any law amending or replacing any of those laws. save as otherwise provided by parliament, a person shall not be disqualified from being a member of parliament by reason only that he holds office as a member of a statutory corporation. 77. tenure of seats of members of parliament a member of parliament shall vacate his seat in parliament— on the dissolution of parliament next following his election; or if he is elected speaker of parliament; or if any other circumstances arise that if he were not a member of parliament would cause him to be disqualified for election as such under section 76; or if he ceases to be a citizen of sierra leone; or if he is absent from sittings of parliament for such period and in such circumstances as may be prescribed in the rules of procedure of parliament; or if in the case of such a member as is referred to in paragraph (b) of subsection (1) of section 74, he becomes a paramount chief under any law; or if he ceases to be qualified under any law to be registered as an elector for election of members to parliament; or if he is adjudged to be a lunatic or declared to be of unsound mind or sentenced to death; or if he is adjudged or otherwise declared a bankrupt under any law and has not been discharged; or if he resigns from office as a member of parliament by writing under his hand addressed to the speaker, or if the office of speaker is vacant or the speaker is absent from sierra leone, to the deputy speaker; or if he ceases to be a member of the political party of which he was a member at the time of his election to parliament and he so informs the speaker, or the speaker is so informed by the leader of that political party; or if by his conduct in parliament by sitting and voting with members of a different party, the speaker is satisfied after consultation with the leader of that member’s party that the member is no longer a member of the political party under whose symbol he was elected to parliament; or if, being elected to parliament as an independent candidate, he joins a political party in parliament; or if he accepts office as ambassador or high commissioner for sierra leone or any position with an international or regional organization. any member of parliament who has been adjudged to be a lunatic, declared to be of unsound mind, or sentenced to death or imprisonment, may appeal against the decision in accordance with any law provided that the decision shall not have effect until the matter has been finally determined. 78. determination of question as to membership of parliament the high court shall have jurisdiction to hear and determine any question whether— any person has been validly elected as a member of parliament; and the seat of a member of parliament has become vacant. the high court to which any question is brought under subsection (1) shall determine the said question and give judgement thereon within four months after the commencement of the proceedings before that court. an appeal shall lie to the court of appeal from the decision of the high court on any matter determined pursuant to subsection (1), save that no appeal shall lie in respect of any interlocutory decisions of the high court in such proceedings. the court of appeal before which an appeal is brought pursuant to subsection (3) shall determine the appeal and give judgement thereon within four months after the appeal was filed. the decision of the court of appeal on any matter pursuant to subsection (3) shall be final and not be inquired into by any court. for the purpose of this section parliament may make provision, or may authorise the making of provisions with respect to the practice and procedure of the high court or the court of appeal, and may confer upon such courts such powers or may authorise the conferment thereon of such powers as may appear to be necessary or desirable for the purpose of enabling the said courts effectively to exercise the jurisdiction conferred upon them by this section or by any law relating to the hearing of appeals from the high court. 79. the speaker the speaker of parliament shall be elected by the members of parliament from among persons who aremembers of parliament and who had served as such for not less than five years; or qualified to be members of parliament and who had served as such for not less than ten years, and who are not less than forty years. the speaker shall be elected by a resolution in favour of which there are cast the votes of not less than two-thirds of the members of parliament: provided that if three successive resolutions proposing the election of a speaker fail to receive the votes of two-thirds of the members of parliament, the speaker shall be elected by a resolution passed by a simple majority of all the members of parliament. no person shall be elected as speaker— if he is a member of the armed forces; or if he is a minister or a deputy minister. the speaker shall vacate his office— if he becomes a minister or a deputy minister; or if any circumstances arise that, if he were not the speaker, would disqualify him from election as speaker; or when parliament first meets after any dissolution; or if he is removed from office by a resolution of parliament supported by the votes of not less than two-thirds of the members of parliament. no business shall be transacted in parliament (other than an election to the office of speaker) at any time if the office of speaker is vacant. any person elected to the office of speaker who is not a member of parliament shall before entering upon the duties of his office, take and subscribe before parliament the oath as set out in the third schedule in this constitution. the speaker, or in his absence the deputy speaker, shall preside over all sittings of parliament, except when the president is present. 80. deputy speaker there shall be a deputy speaker who shall be elected by the members of parliament. no person shall be elected deputy speaker unless the person is a member of parliament and had served as such for not less than five years. the members of parliament shall elect a person to the office of deputy speakerat the first sitting of parliament; or at the first sitting of parliament after the occurence of a vacancy in the office of deputy speaker or so soon thereafter as may be convenient. the deputy speaker shall vacate his office— if he ceases to be a member of parliament; or if he is removed from office by a resolution of parliament. if the speaker is absent from sierra leone or otherwise unable to perform any of the functions conferred upon him by this constitution those functions may be performed by the deputy speaker. 81. election of speaker and deputy speaker on any resolution for the election or removal of a speaker or deputy speaker, the votes of the members of parliament shall be given by ballot in such manner as not to disclose how any particular member votes. 82. clerk of parliament there shall be a clerk of parliament who shall be appointed by the president acting in consultation with the public service commission, and shall be responsible for the administration of parliament. the office of the clerk of parliament and the offices of the members of his staff shall be public offices. 83. oath to be taken by members of parliament every member of parliament shall, before taking his seat in parliament, take and subscribe before parliament the oath as set out in the third schedule, but a member may, before taking that oath, take part in the election of a speaker. part ii. summoning, prorogation and dissolution 84. sessions of parliament each session of parliament shall be held at such place within sierra leone and shall commence at such time as the president may by proclamation appoint. there shall be a session of parliament at least once in every year, so that a period of twelve months shall not intervene between the last sitting of parliament in one session and the first sitting thereof in the next session: provided that there shall be a session of parliament not later than twenty-eight days from the holding of a general election of members of parliament. the president shall at the beginning of each session of parliament present to parliament an address on the state of the nation. 85. life of parliament parliament shall stand dissolved at the expiration of a period of five years commencing from the date of its first sitting after a general election. if there is in existence a state of public emergency in accordance with section 29 of this constitution and the president considers it not practicable to hold elections, parliament may, by resolution, extend the period of five years mentioned in subsection (1) from time to time but not beyond a period of six months at any one time. 86. sittings of parliament the president may at any time summon a meeting of parliament. notwithstanding the provision of subsection (1), at least twenty per centum of all the members of parliament may request a meeting of parliament and the speaker shall, within fourteen days after the receipt of that request, summon a meeting of parliament. subject to the provisions of subsection (1) and of sections 29 and 84 of this constitution, sittings of parliament in any session after the commencement of that session shall be held at such times and on such days as parliament shall appoint. parliament shall sit for a period of not less than one hundred and twenty days in each year. 87. general election a general election of the members of parliament shall be held not earlier than thirty days and not later than ninety days after any dissolution of parliament: provided that nominations for such elections shall in no case be closed within fourteen days after dissolution. if, when parliament has been dissolved, the president considers that owing to the existence of a state of public emergency it would not be practicable to hold a general election within ninety days after the dissolution, the president may by proclamation recall the parliament that has been dissolved and the following provisions shall then have effect— the parliament shall meet at such date, not later than fourteen days after the date of the proclamation, as may be specified therein; the president shall, subject to the provisions of subsection (16) of section 29, cause to be introduced in parliament as soon as it meets, a resolution declaring that a state of public emergency exists and subject as aforesaid, no other business shall be transacted in parliament until that resolution has been passed or defeated; if the resolution is passed by parliament with the support of the votes of not less than two-thirds of the members thereof, a general election shall be held on the last day of the period of six months beginning with the date of the original dissolution of the parliament which has been recalled or such earlier date as the president shall appoint, and the parliament that has been recalled shall be deemed to be the parliament for the time being and may meet and be kept in session accordingly until the date fixed for nomination of candidates in that general election, and unless previously dissolved, shall then stand dissolved; if the resolution is defeated, or is passed with the support of the votes of less than two-thirds of the members of parliament or has not been put to the vote within five days after it has been introduced, the parliament that has been recalled shall then be again dissolved and a general election shall be held not later than the ninetieth day after the date of the proclamation by which the parliament was so recalled or such earlier date as the president may by proclamation appoint. when parliament is recalled under this section after having been dissolved— the session of that parliament held next before that dissolution; and the session of sessions of that parliament held between the date of its first sitting and of the next dissolution thereafter, shall be deemed together to form one session. part iii. procedure of parliament 88. presiding in parliament there shall preside at any sitting of parliament— the speaker; or in the absence of the speaker, the deputy speaker; or in the absence of the speaker and the deputy speaker, such member of parliament as may be elected for that purpose: provided that when the president addresses parliament or attends in person, the speaker shall leave his chair and no other person shall preside during such address or attendance. 89. quorum in parliament if objection is taken by any member of parliament that there are present in parliament (besides the person presiding) less than one-fourth of all the members of parliament and the person presiding shall be so satisfied he shall thereupon adjourn parliament. 90. use of english in parliament the business of parliament shall be conducted in the english language. 91. voting in parliament except as otherwise provided in this constitution, any question proposed for decision in parliament shall be determined by a majority of the votes of the members present and voting. the person presiding in parliament may cast a vote whenever necessary to avoid an equality of votes but shall not vote in any other case; if the person presiding does not exercise his casting vote the question proposed for discussion in parliament shall be deemed to be rejected. the rules of procedure of parliament may provide that the vote of a member upon a question in which he has a direct pecuniary interest shall be disallowed and if any such provision is made a member whose vote is disallowed in accordance therewith shall be deemed not to have voted. 92. unqualified persons sitting or voting any person who sits or votes in parliament knowing or having reasonable ground for knowing that he is not entitled to do so shall be liable to a penalty not exceeding one thousand leones or such other sum as may be prescribed by parliament for each day in which he so sits or votes in parliament, which shall be recoverable by action in the high court at the suit of the attorney-general and minister of justice. 93. committees of parliament at the beginning of each session of parliament, but in any case not later than twentyone days thereafter, there shall be appointed from among its members the following standing committees, that is to say— the legislative committee; the finance committee; the committee on appointments and public service; the foreign affairs and international co-operation committee; the public accounts committee; the committee of privileges; the standing orders committee; such other committees of parliament as the rules of procedure of parliament shall provide. in addition to the committees referred to in subsection (1), parliament shall appoint other committees which shall perform the functions specified in subsection (3). it shall be the duty of any such committee as is referred to in subsection (2) to investigate or inquire into the activities or administration of such ministries or departments as may be assigned to it, and such investigation or inquiry may extend to proposals for legislation. notwithstanding anything contained in subsections (1) and (2), parliament may at any time appoint any other committee to investigate any matter of public importance. the composition of each of the committees appointed under subsections (1), (2) and (4) shall, as much as possible, reflect the strength of the political parties and independent members in parliament. for the purposes of effectively performing its functions, each of the committees shall have all such powers, rights and privileges as are vested in the high court at a trial in respect of— enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise; compelling the production of documents; and the issue of a commission or request to examine witnesses abroad. 94. regulation of procedure in parliament subject to the provisions of this constitution, parliament may regulate its own procedure, and may in particular make, amend and revoke standing orders for the orderly conduct of its own proceedings. notwithstanding anything to the contrary in this constitution or in any other law contained, no decision, order or direction of parliament or any of its committees or the speaker, relating to the rules of procedure of parliament, or to the application or interpretation of such rules, or any act done or purporting to have been done by parliament or by the speaker under any rules of procedure, shall be inquired into by any court. parliament may act notwithstanding any vacancy in its membership (including any vacancy not filled when parliament first meets after the entry into force of this constitution or after any dissolution of parliament) and the presence or participation of any person not entitled to be present at or to participate in the proceedings of parliament shall not invalidate those proceedings. parliament may, for the purpose of the orderly and effective discharge of its business, make provision for the powers, privileges and immunities of parliament, its committees and the members thereof. 95. contempt of parliament any act or omission which obstructs or impedes parliament in the performance of its functions, or which obstructs or impedes any member or officer thereof in the discharge of his duties or affronts the dignity of parliament, or which tends either directly or indirectly to produce such a result shall be a contempt of parliament. 96. criminal proceedings where an act or omission which constitutes contempt of parliament is an offence under the criminal law, the exercise by parliament of the power to punish for contempt shall not be a bar to the institution of proceedings under the criminal law. part iv. responsibilities, privileges and immunities 97. responsibilities of members of parliament the responsibilities of the members of parliament shall include the following— all members of parliament shall maintain the dignity and image of parliament both during the sittings in parliament as well as in their acts and activities outside parliament. all members of parliament shall regard themselves as representatives of the people of sierra leone and desist from any conduct by which they seek improperly to enrich themselves or alienate themselves from the people. 98. freedom of speech and debate there shall be freedom of speech, debate and proceedings in parliament and that freedom shall not be impeached or questioned in any court or place out of parliament. 99. parliamentary privilege subject to the provisions of this section, but without prejudice to the generality of section 97, no civil or criminal proceedings shall be instituted against a member of parliament in any court or place out of parliament by reason of anything said by him in parliament. whenever in the opinion of the person presiding in parliament a statement made by a member is prima facie defamatory of any person, the person presiding shall refer the matter for inquiry to the committee of privileges which shall report its findings to parliament not later than thirty days of the matter being so referred. where the committee of privileges reports to parliament that the statement made by the member is defamatory of any person, the member who made the statement shall, within seven days of that report, render an apology at the bar of parliament, the terms of which shall be approved by the committee of privileges and communicated to the person who has been defamed. where a member refuses to render an apology pursuant to the provisions of subsection (3), the speaker shall suspend that member for the duration of the session of parliament in which the defamatory statement was made and a member so suspended shall lose his parliamentary privileges, immunities and remuneration which shall be restored to him if at any time before the end of the session he renders the apology as required under the provisions of subsection (3). any person who may have made a contemporaneous report of the proceedings in parliament including a statement which has been the subject of an inquiry pursuant to the provisions of subsection (2) shall publish the apology referred to in subsection (3) or the suspension or the apology referred to in subsection (4) with the same prominence as he published the first report; and if any such person fails to publish that apology he shall not be protected by privilege. 100. immunity from service of process and arrest no civil or criminal process issuing from any court or place out of parliament shall be served on or executed in relation to the speaker or a member or the clerk of parliament while he is on his way to attending or returning from any proceedings of parliament. 101. immunity from witness summons neither the speaker nor any member of, nor the clerk of, parliament shall be compelled, while attending parliament, to appear as a witness in any court or place out of parliament. the certificate of the speaker that a member or the clerk is attending the proceedings of parliament shall be conclusive evidence of attendance at parliament. 102. immunity from serving as juryman neither the speaker nor any member of, nor the clerk of, parliament shall be required to serve on a jury in any court or place out of parliament. 103. immunity for publication of proceedings subject to the provisions of this constitution, no person shall be under any civil or criminal liability in respect of the publication of— the text or a summary of any report, papers, minutes, votes or proceedings of parliament; or a contemporaneous report of the proceedings of parliament, unless it is shown that the publication was effected maliciously or otherwise in want of good faith. 104. privileges of witness every person summoned to attend to give evidence or to produce any paper, book, record or other document before parliament shall be entitled, in respect of his evidence, or the production of such document, to the same privileges as if he were appearing before a court. no public officer shall be required to produce before parliament any document if the speaker certifies that— the document belongs to a class of documents which will be injurious to the public interest or prejudicial to the security of the state to produce; or disclosure of the contents thereof will be injurious to the public interest or prejudicial to the security of the state. where there is a doubt as to whether any document as is referred to in subsection (2) is injurious to the public interest or prejudicial to the security of the state, the speaker shall refer the matter to the supreme court to determine whether the production or the disclosure of the contents of any such document would be injurious to the public interest or prejudicial to the security of the state. an answer by a person to a question put by parliament shall not be admissible in evidence against him in any civil or criminal proceedings out of parliament, not being proceedings for perjury brought under the criminal law. part v. legislation and procedure in parliament 105. power to make laws subject to the provisions of this constitution, parliament shall be the supreme legislative authority for sierra leone. 106. mode of exercising legislative power the power of parliament to make laws shall be exercised by bills passed by parliament and signed by the president. subject to the provisions of subsection (8), a bill shall not become law unless it has been duly passed and signed in accordance with this constitution. an act signed by the president shall come into operation on the date of its publication in the gazette or such other date as may be prescribed therein or in any other enactment. when a bill which has been duly passed and is signed by the president in accordance with the provisions of this constitution it shall become law and the president shall thereupon cause it to be published in the gazette as law. no law made by parliament shall come into operation until it has been published in the gazette, but parliament may postpone the coming into operation of any such law and may make laws with retroactive effect. all laws made by parliament shall be styled “acts” and the words of enactment shall be “enacted by the president and members of parliament in this present parliament assembled”. where a bill has been passed by parliament but the president refuses to sign it, the president shall within fourteen days of the presentation of the bill for his signature cause the unsigned bill to be returned to parliament giving reasons for his refusal. where a bill is returned to parliament pursuant to subsection (7) and that bill is thereafter passed by the votes of not less than two-thirds of the members of parliament, it shall immediately become law and the speaker shall thereupon cause it to be published in the gazette. nothing in this section or in section 53 of this constitution shall prevent parliament from conferring on any person or authority the power to make statutory instruments. 107. minister may introduce bill and be summoned to parliament a minister may introduce a bill in parliament and take part, but without a vote, in the deliberations of parliament on that bill. a minister may be summoned before parliament or a committee thereof— to give an account of any matter falling within his portfolio; or to explain any aspect of government policy. 108. alteration of this constitution subject to the provisions of this section, parliament may alter this constitution. a bill for an act of parliament under this section shall not be passed by parliament unless— before the first reading of the bill in parliament the text of the bill is published in at least two issues of the gazette: provided that not less than nine days shall elapse between the first publication of the bill in the gazette and the second publication; and the bill is supported on the second and third readings by the votes of not less than two-thirds of the members of parliament. a bill for an act of parliament enacting a new constitution or altering any of the following provisions of this constitution, that is to say— this section, chapter iii, sections 46, 56, 72, 73, 74(2), 74(3), 84(2), 85, 87, 105, 110–119, 120, 121, 122, 123, 124, 128, 129, 131, 132, 133, 135, 136, 137, 140, 151, 156, 167, shall not be submitted to the president for his assent and shall not become law unless the bill, after it has been passed by parliament and in the form in which it was so passed, has, in accordance with the provisions of any law in that behalf, been submitted to and been approved at a referendum. every person who is entitled to vote in the elections of members of parliament shall be entitled to vote at a referendum held for the purposes of subsection (3) and no other person may so vote; and the bill shall not be regarded as having been approved at the referendum unless it was so approved by the votes of not less than one-half of all such persons and by not less than two-thirds of all the votes validly cast at the referendum: provided that in calculating the total number of persons entitled to vote at such referendum, the names of deceased persons, of persons disqualified as electors, and of persons duplicated in the register of electors and so certified by the electoral commission, shall not be taken into account. the conduct of any referendum for the purposes of subsection (3) of this section shall be under the general supervision of the electoral commission and the provisions of subsections (4), (5) and (6) of section 38 of this constitution shall apply in relation to the exercise by the electoral commission of its functions with respect to a referendum as they apply in relation to the exercise of its functions with respect to elections of members of parliament. a bill for an act of parliament under this section shall not be submitted to the president for his signature unless it is accompanied by a certificate under the hand of the speaker of parliament (or, if the speaker is for any reason unable to exercise the functions of his office, the deputy speaker) that the provisions of subsections (3) and (4) of this section have been complied with, and every such certificate shall be conclusive for all purposes and shall not be inquired in any court. no act of parliament shall be deemed to amend, add to or repeal or in any way alter any of the provisions of this constitution unless it does so in express terms. any suspension, alteration, or repeal of this constitution other than on the authority of parliament shall be deemed to be an act of treason. in this section— references to this constitution include references to any law that amends or replaces any of the provisions of this constitution; and references to the alteration of this constitution or of any chapter or section of this constitution include references to the amendment, modification or re-enactment, with or without amendment or modification, of any provision for the time being contained in this constitution or chapter or section thereof, the suspension or repeal of any such provision, the making of different provision in lieu of such provision and the addition of new provisions to this constitution or chapter or section thereof, and references to the alteration of any particular provision of this constitution shall be construed likewise. 109. residual authority of parliament subject to the provisions of section 105 of this constitution, where on any matter, whether arising out of this constitution or otherwise there is no provision, expressed or by necessary implication, of this constitution which deals with the matter that has arisen, parliament shall, by an act of parliament, not being inconsistent with any provision of this constitution, provide for that matter to be dealt with. part vi. finance 110. authority for imposition of taxation no taxation shall be imposed or altered otherwise than by or under the authority of an act of parliament. where an act enacted pursuant to subsection (1) confers a power on any person or authority to waive or vary a tax (otherwise than by reduction) imposed by that act, the exercise of the power of waiver or variation in favour of any person or authority shall be subject to the prior approval of parliament by resolution passed in that behalf. parliament may make provision under which the president or a minister may by order provide that, on or after the publication of a bill (being a bill approved by the president) that it is proposed to introduce into parliament providing for the imposition or alteration of taxation, such provisions of the bill as may be specified in the order shall, until the bill becomes law, have the force of law for such period and subject to such conditions as may be prescribed by parliament: provided that any such order shall, unless sooner revoked, cease to have effect— if the bill to which it relates is not passed within such period from the date of its first reading in parliament as may be prescribed by parliament; or if, after the introduction of the bill to which it relates, parliament is prorogued or dissolved; or if, after the passage of the bill to which it relates, the president refuses his assent thereto; or at the expiration of a period of four months from the date it came into operation or such longer period from that date as may be specified in any resolution passed by parliament after the bill to which it relates has been introduced. parliament may confer upon any authority established by law for the purpose of local government power to impose taxation within the area for which that authority is established and to alter taxation so imposed. where the appropriation act in respect of a financial year has not come into force at the expiration of six months from the commencement of that financial year, the operation of any law relating to the collection or recovery of any tax upon any income or profits or any duty of customs or excise shall be suspended until that act comes into force: provided that— in any financial year in which parliament stands dissolved at the commencement of that year the period of six months shall begin from the day upon which parliament first sits following that dissolution instead of from the commencement of the financial year; the provisions of this subsection shall not apply in any financial year in which parliament is dissolved after the laying of estimates in accordance with section 112 and before the appropriation bill relating to those estimates is passed by parliament. 111. consolidated fund there shall be a consolidated fund into which, subject to the provisions of this section, shall be paid— all revenues or other moneys raised or received for the purpose of, or on behalf of, the government; any other moneys raised or received in trust for or on behalf of the government; and all revenues and moneys payable by or under any bilateral or multilateral agreement. the revenues or other moneys referred to in subsection (1) shall not include revenues or other moneys— that are payable by or under an act of parliament into some other fund established for a specific purpose; or that may by or under an act of parliament, be retained by the department of government that received them for the purpose of defraying the expenses of that department. no moneys shall be withdrawn from the consolidated fund except— to meet expenditure that is charged upon the fund by this constitution or by an act of parliament; or where the issue of those moneys has been authorised— by an appropriation act; or by a supplementary estimate approved by a resolution of parliament passed in that behalf; or by an act of parliament enacted pursuant to the provisions of sections 112 and 113 of this constitution; or by rules or regulations made under an act of parliament in respect of trust moneys paid into the consolidated fund. no moneys shall be withdrawn from any public fund, other than the consolidated fund and the contingencies fund, unless the issues of those moneys have been authorised by or under the authority of an act of parliament. 112. authorisation of expenditure from consolidated fund subject to the provisions of section 107 of this constitution, the minister for the time being responsible for finance shall cause to be prepared and laid before parliament in each financial year estimates of the revenues and expenditures of sierra leone for the next following financial year. the head of the expenditure— of the estimates shall be included in a bill to be known as an appropriation bill which shall be introduced into parliament to provide for the issue from the consolidated fund of the sums of money necessary to meet that expenditure and the appropriation of those sums for the purposes specified therein; and of the consolidated fund payments shall be laid before parliament for the information of the members thereof. where, in respect of any financial year, it is found that the amount of moneys appropriated by the appropriation act for any purpose is insufficient or that a need has arisen for expenditure for a purpose for which no amount of moneys has been appropriated by that act, a supplementary estimate showing the sum of money required shall be laid before parliament. where, in respect of any financial year, a supplementary estimate has been approved by parliament in accordance with the provisions of subsection (3), a supplementary appropriation bill shall be introduced in parliament in the financial year next following the financial year to which the estimates relate, providing for the appropriation of the sum so approved for the purposes specified in that estimate. notwithstanding the provisions of subsection (4), the minister for the time being responsible for finance may cause to be prepared and laid before parliament estimates of revenue and expenditure of sierra leone for periods of over one year. parliament shall prescribe the procedure for the presentation of appropriation bills. 113. authorisation of expenditure in advance of appropriation where it appears to the minister responsible for finance that the appropriation act in respect of any financial year will not come into operation by the beginning of that financial year, he may, with the prior approval of parliament signified in that behalf by a resolution thereof, authorise the withdrawal of moneys from the consolidated fund for the purposes of meeting expenditure necessary to carry on the services of the government in respect of the period expiring four months from the beginning of the financial year or on the coming into operation of the act, whichever is earlier. 114. withdrawal of moneys from general revenues no moneys shall be expended from the general revenue of the republic unless— the expenditure is authorised by a warrant under the hand of the president; or the expenditure is charged by this constitution or any other law on the general revenues of the republic; or the expenditure is of moneys received by a department of government and is made under the provisions of any law which authorises that department to retain and expend those moneys for defraying the expenses of the department. no warrant shall be issued by the president authorising expenditure from the general revenues of the republic unless— the expenditure is necessary to carry on the services of the government in respect of any period not exceeding four months beginning with the commencement of a financial year during which the appropriation act for that financial year is not in force; or the expenditure has been proposed in a supplementary estimate to be approved by parliament; or no provision exists for the expenditure and the president considers that there is such an urgent need to incur the expenditure that it would not be in the public interest to delay the authorisation of the expenditure until such time as a supplementary estimate can be laid before and approved by parliament; or the expenditure is incurred on capital projects continuing from the previous financial year until the commencement of the appropriation act for the current financial year. the president shall, immediately after he has signed any warrant authorising expenditure from the general revenues of the republic, cause a copy of the warrant to be transmitted to the accountant-general. the issue of warrants under paragraph (c) of subsection (2), the investment of moneys forming part of the general revenue of the republic and the making of advances from such revenues shall be subject to such limitations and conditions as parliament may from time to time prescribe. 115. remuneration of the president and certain other officers there shall be paid to the holders of the offices to which this section applies such salaries and allowances as may be prescribed by or under any law. the salaries and allowances payable to the holders of the offices to which this section applies shall be a charge on the consolidated fund. the salary, pensions, gratuity and allowances payable to the holder of any office to which this section applies and his other terms of services shall not be altered to his disadvantage after his appointment, and for the purposes of this subsection in so far as the terms of service of any person depend on the option of that person, the terms for which he opts shall be taken to be more advantageous to him than any other terms for which he might have opted. this section applies to the offices of the president, vice-president, attorney-general and minister of justice, ministers, deputy ministers, the chief justice, a justice of the supreme court, a justice of appeal, a judge of the high court, the director of public prosecutions, the chairman and members of the electoral commission, the chairman and members of the public service commission, and the auditor-general. 116. contingencies fund parliament may provide for the establishment of the contingencies fund and for authorising the minister responsible for finance, if he is satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advance from the fund to meet that need. where any advance is made in accordance with subsection (1), a supplementary estimate shall be presented and a supplementary appropriation bill shall be introduced into parliament as soon as possible for the purpose of replacing the amount so advanced. 117. public debt the public debt of sierra leone shall be secured on the revenues and assets of sierra leone. in this section reference to the public debt of sierra leone includes reference to the interest on that debt, sinking fund payments in respect of that debt and the costs, charges and expenses incidental to the management of that debt. 118. loans parliament may by a resolution passed in that behalf and supported by the votes of a majority of all the members of parliament, authorise the government to enter into an agreement for the granting of a loan out of any public fund or public account. an agreement entered pursuant to subsection (1) shall be laid before parliament and shall not come into operation unless the same has been approved by a resolution of parliament. no loan shall be raised by the government on behalf of itself or any other public institution or authority otherwise than by or under the authority of an act of parliament. an act of parliament enacted in accordance with subsection (3) shall provide— that the terms and conditions of a loan shall be laid before parliament and shall not come into operation unless it has been approved by a resolution of parliament; and that any moneys received in respect of that loan shall be paid into the consolidated fund and form part thereof or into some other public fund of sierra leone either existing or created for the purposes of the loan. for the purposes of this section, the expression “loan” includes any moneys lent or given to or by the government on condition of return or repayment and any other form of borrowing or lending in respect of which— moneys from the consolidated fund or any other public fund may be used for payment or repayment; or moneys from any fund by whatever name called established for the purposes of payment or repayment whether in whole or in part and whether directly or indirectly may be used for payment or repayment. the provisions of subsections (1), (2), (3), (4) and (5) shall also apply to any agreement for a loan entered into by the government in respect of the natural resources of sierra leone, such as mineral, marine, forest and such other resources. parliament shall be notified by the appropriate minister or authority of all gifts, donations, grants and pledges made to the state of sierra leone. 119. establishment of office and functions of auditor-general there shall be an auditor-general for sierra leone whose office shall be a public office, and who shall be appointed by the president after consultation with the public service commission, and subject to the approval of parliament. the public accounts of sierra leone and of all public offices, including the courts, the accounts of the central and local government administrations, of the universities and public institutions of like nature, any statutory corporation, company or other body or organisation established by an act of parliament or statutory instrument or otherwise set up partly or wholly out of public funds, shall be audited and reported on by or on behalf of the auditor-general, and for that purpose the auditor-general of any person authorised or appointed in that behalf by the auditor-general shall have access to all books, records, returns and other documents relating or relevant to those accounts. the public accounts of sierra leone and of all other persons or authorities referred to in subsection (2) shall be kept in such form as the auditor-general shall approve. the auditor-general shall, within twelve months of the end of the immediately preceding financial year, submit his report to parliament and shall in that report draw attention to any irregularities in the accounts audited and to any other matter which in his opinion ought to be brought to the notice of parliament. parliament shall debate the report of the auditor-general and appoint where necessary in the public interest a committee to deal with any matters arising therefrom. in the exercise of his functions under this constitution or any other law, the auditor-general shall not be subject to the direction or control of any other person or authority. the provisions of subsection (6) shall not preclude the president, acting in accordance with the advice of cabinet, or parliament from requesting the auditor-general in the public interest to audit at any particular time, the accounts of any body or organisation as is referred to in subsection (2). the salary and allowances payable to the auditor-general, his rights in respect of leave of absence, retiring age and other conditions of service, shall not be varied to his disadvantage after his appointment. the provisions of section 137 of this constitution, relating to the removal of a judge of the superior court of judicature, other than the chief justice, from office, shall apply to the auditor-general. the auditor-general shall retire from office on attaining the age of sixty-five years or such age as may be prescribed by parliament. the administrative expenses of the office of the auditor-general including all salaries, allowances, gratuities and pensions payable to or in respect of persons serving in the audit service shall be a charge upon the consolidated fund. the accounts of the office of the auditor-general shall be audited and reported upon by an auditor appointed by parliament. any person appointed to be the auditor-general for sierra leone shall, before entering upon the duties of his office, take and subscribe the oath as set out in the third schedule to this constitution. whenever the office of the auditor-general is vacant or the holder of the office is for any reason unable to perform the functions of his office, the president may, in consultation with the public service commission, appoint a person to act in the office and any person so appointed shall, subject to the provisions of this section relating to the removal of the auditor-general, continue to act until his appointment is revoked by the president. chapter vii. the judiciary part i. the superior court of judicature 120. establishment of the judiciary the judicial power of sierra leone shall be vested in the judiciary of which the chief justice shall be the head. the judiciary shall have jurisdiction in all matters civil and criminal including matters relating to this constitution, and such other matters in respect of which parliament may by or under an act of parliament confer jurisdiction on the judiciary. in the exercise of its judicial functions, the judiciary shall be subject to only this constitution or any other law, and shall not be subject to the control or direction of any other person or authority. the judicature shall consist of the supreme court of sierra leone, the court of appeal and the high court of justice which shall be the superior courts of record of sierra leone and which shall constitute one superior court of judicature, and such other inferior and traditional courts as parliament may by law establish. the superior court of judicature shall have the power to commit for contempt to themselves and all such powers as were vested in a court of record immediately before the coming into force of this constitution. save as may be otherwise ordered by a court in the interests of public morality, public safety or public order, all proceedings of every court, including the announcement of the decision of the court, shall be held in public. nothing contained in subsection (6) shall prevent a court from excluding from its proceedings persons, other than the parties thereto and their counsel, to such an extent as the court may consider necessary or expedient— in circumstances where publicity would prejudice the interests of justice or any interlocutory proceedings; or in the interests of defence, public safety, public morality, the welfare of minors or the protection of the private lives of persons concerned in the proceedings. in the exercise of the judicial power conferred upon the judiciary by this constitution or any other law, the superior court of judicature shall have power, in relation to any matter within its jurisdiction, to issue such orders as may be necessary to ensure the enforcement of any judgement, decree or order of the court. a judge of the superior court of judicature shall not be liable to any action or suit for any matter or thing done by him in the performance of his judicial functions. the judges of the high court shall be entitled to sit as justices of appeal, and the justices of appeal shall be entitled to sit as justices of the supreme court whenever so requested by the chief justice. notwithstanding the provisions of the preceding subsections, any justice of appeal may, on the request of the chief justice, sit and act as a judge of the high court. every such person, while sitting and acting as a judge of the high court, shall have all the jurisdiction, powers and privileges of, but not otherwise be deemed to be, a judge of the high court. the provisions of subsections (11) and (12) shall apply mutatis mutandis to a justice of the supreme court sitting as a justice of appeal. neither the chief justice nor any justice of the supreme court or of the court of appeal or a judge of the high court may take any part in the hearing of any appeal from his own judgement or the judgement of a panel of judges of which he was a member. no office of judge of the high court, justice of appeal or justice of the supreme court shall be abolished while there is a substantive holder thereof. every court established under this constitution shall deliver its decision in writing not later than three months after the conclusion of the evidence and final addresses or arguments of appeal, and furnish all parties to the cause or matter determine with duly authenticated copies of the decision on the date of the delivery thereof. part ii. the supreme court 121. composition of the supreme court the supreme court shall consist of— the chief justice; not less than four other justices of the supreme court; and such other justices of the superior court of judicature or of superior courts in any state practising a body of law similar to sierra leone, not being more in number than the number of justices of the supreme court sitting as such, as the chief justice may, for the determination of any particular cause or matter by writing under his hand, request to sit in the supreme court for such period as the chief justice may specify or until the request is withdrawn. the supreme court shall, save as otherwise provided in paragraph (a) of subsection (6) of section 28 and section 126 of this constitution, be duly constituted for the despatch of its business by not less than three justices thereof. the chief justice shall preside at the sittings of the supreme court and in his absence the most senior of the justices of the supreme court as constituted for the time being shall preside. 122. jurisdiction of the supreme court the supreme court shall be the final court of appeal in and for sierra leone and shall have such appellate and other jurisdiction as may be conferred upon it by this constitution or any other law: provided that notwithstanding any law to the contrary, the president may refer any petition in which he has to give a final decision to the supreme court for a judicial opinion. the supreme court may, while treating its own previous decisions as normally binding, depart from a previous decision when it appears right so to do; and all other courts shall be bound to follow the decision of the supreme court on questions of law. for the purposes of hearing and determining any matter within its jurisdiction and the amendment, execution or the enforcement of any judgement or order made on any such matter, and for the purposes of any other authority, expressly or by necessary implication given to it, the supreme court shall have all the powers, authority and jurisdiction vested in any court established by this constitution or any other law. 123. appeals to the supreme court an appeal shall lie from a judgement, decree or order of the court of appeal to the supreme court— as of right, in any civil cause or matter; as of right, in any criminal cause or matter in respect of which an appeal has been brought to the court of appeal from a judgement, decree or order of the high court of justice in the exercise of its original jurisdiction; or with leave of the court of appeal in any criminal cause or matter, where the court of appeal is satisfied that the case involves a substantial question of law or is of public importance. notwithstanding the provisions of subsection (1), the supreme court shall have power to entertain any application for special leave to appeal in any cause or matter, civil or criminal, to the supreme court, and to grant such leave accordingly. 124. interpretation of the constitution the supreme court shall, save as otherwise provided in section 122 of this constitution, have original jurisdiction, to the exclusion of all other courts— in all matters relating to the enforcement or interpretation of any provision of this constitution; and where any question arises whether an enactment was made in excess of the power conferred upon parliament or any other authority or person by law or under this constitution. where any question relating to any matter or question as is referred to in subsection (1) arises in any proceedings in any court, other than the supreme court, that court shall stay the proceedings and refer the question of law involved to the supreme court for determination; and the court in which the question arose shall dispose of the case in accordance with the decision of the supreme court. 125. supervisory jurisdiction the supreme court shall have supervisory jurisdiction over all other courts in sierra leone and over any adjudicating authority; and in exercise of its supervisory jurisdiction shall have power to issue such directions, orders or writs including writs of habeas corpus, orders of certiorari, mandamus and prohibition as it may consider appropriate for the purposes of enforcing or securing the enforcement of its supervisory powers. 126. power of justices of the supreme court in interlocutory matters a single justice of the supreme court acting in its criminal jurisdiction, and three justices of the supreme court acting in its civil jurisdiction may exercise any power vested in the supreme court not involving the decision of a cause or matter before the supreme court save that— in criminal matters, if any such justices refuses or grants an application in the exercise of any such power, any person affected thereby shall be entitled to have the application determined by the supreme court constituted by three justices thereof; and in civil matters any order, direction or decision made or given by the three justices in pursuance of the powers conferred by this section may be varied, discharged or reversed by the supreme court constituted by five justices thereof. 127. enforcement of the constitution a person who alleges that an enactment or anything contained in or done under the authority of that or any other enactment is inconsistent with, or is in contravention of a provision of this constitution, may at any time bring an action in the supreme court for a declaration to that effect. the supreme court shall, for the purposes of a declaration under subsection (1), make such orders and give such directions as it may consider appropriate for giving effect to, or enabling effect to be given to, the declaration so made. any person to whom an order or direction is addressed under subsection (1) by the supreme court shall duly obey and carry out the terms of the order or direction. failure to obey or to carry out the terms of an order or direction made or given under subsection (1) shall constitute a crime under this constitution. part iii. court of appeal the court of appeal shall consist of— the chief justice; not less than seven justices of the court of appeal; and such other justices of the superior court of judicature as the chief justice may, for the determination of any particular cause or matter by writing under his hand, request to sit in the court of appeal for such period as the chief justice may specify or until the request is withdrawn. the court of appeal shall be duly constituted by any three justices thereof and when so constituted the most senior of such justices shall preside. subject to the provisions of subsections (1) and (2) of section 122 of this constitution, the court of appeal shall be bound by its own previous decisions and all courts inferior to the court of appeal shall be bound to follow the decisions of the court of appeal on questions of law. parliament may create such divisions of the court of appeal as it may consider necessary— consisting of such number of justices as may be assigned thereto by the chief justice; sitting at such places in sierra leone as the chief justice may determine; and presided over by the most senior of the justices of the court of appeal constituting the court. 129. jurisdiction of the court of appeal the court of appeal shall have jurisdiction throughout sierra leone to hear and determine, subject to the provisions of this section and of this constitution, appeals from any judgement, decree or order of the high court of justice or any justice thereof and such other appellate jurisdiction as may be conferred upon it by this constitution or any other law. save as otherwise provided in this constitution or any other law, an appeal shall lie as of right from a judgement, decree or order of the high court of justice to the court of appeal in any cause or matter determined by the high court of justice. for the purposes of hearing and determining any appeal within its jurisdiction and the amendment, execution or the enforcement of any judgement or order made on any such appeal and for the purposes of any other authority expressly or by necessary implication given to the court of appeal by this constitution or any other law, the court of appeal shall have all the powers, authority and jurisdiction vested in the court from which the appeal is brought. 130. power of single justice of appeal a single justice of the court of appeal may exercise any power vested in the court of appeal not involving the decision of any cause or matter before the court of appeal save that— in criminal matters, if any such justice refuses or grants an application in the exercise of any such power, any person affected thereby shall be entitled to have the application determined by the court of appeal as duly constituted; and in civil matters, any order, direction or decision made or given in pursuance of the power conferred by this section may be varied, discharged or reversed by the court of appeal as duly constituted. part iv. the high court of justice 131. composition of the high court the high court of justice shall consist of— the chief justice; not less than nine high court judges; and such other judges of the superior court or judicature as the chief justice may, for the determination of any particular cause or matter, by writing under his hand request to sit in the high court of justice for such period as the chief justice may specify or until the request is withdrawn. the high court of justice shall be duly constituted as the case may be— by any one judge thereof; or by any one judge thereof and a jury. there shall be in the said high court such divisions consisting of such number of judges respectively as may be assigned thereto by the chief justice; and sitting in such places in sierra leone as the chief justice may determine. 132. jurisdiction of the high court the high court of justice shall have jurisdiction in civil and criminal matters and such other original appellate and other jurisdiction as may be conferred upon it by this constitution or any other law. the high court of justice shall have jurisdiction to determine any matter relating to industrial and labour disputes and administrative complaints. parliament shall, by an act of parliament, make provision for the exercise of the jurisdiction conferred on the high court of justice by the provisions of the immediately preceding subsection. for the purposes of hearing and determining an appeal within its jurisdiction and the amendment, execution or the enforcement of any judgement or order made on any such appeal, and for the purposes of any other authority expressly or by necessary implication given to the high court of justice by this constitution or any other law, the high court of justice shall have all the powers, authority and jurisdiction vested in the court from which the appeal is brought. any judge of the high court of justice may, in accordance with rules of court made in that behalf, exercise in court or in chambers all or any part of the jurisdiction vested in the high court of justice by this constitution or any other law. 133. claims against the government where a person has a claim against the government, that claim may be enforced as of right by proceedings taken against the government for that purpose, without the grant of a fiat or the use of the process known as petition of right. parliament shall, by an act of parliament, make provision for the exercise of jurisdiction under this section. 134. supervisory jurisdiction of the high court the high court of justice shall have supervisory jurisdiction over all inferior and traditional courts in sierra leone and any adjudicating authority, and in the exercise of its supervisory jurisdiction shall have power to issue such directions, writs and orders, including writs of habeas corpus, and orders of certiorari, mandamus and prohibition as it may consider appropriate for the purposes of enforcing or securing the enforcement of its supervisory powers. part v. appointment of judges, etc 135. appointment of judges, etc the president shall, acting on the advice of the judicial and legal service commission and subject to the approval of parliament, appoint the chief justice by warrant under his hand from among persons qualified to hold office as justice of the supreme court. the other judges of the superior court of judicature shall be appointed by the president by warrant under his hand acting on the advice of the judicial and legal service commission and subject to the approval of parliament. a person shall not be qualified for appointment as a judge of the superior court of judicature, unless he is entitled to practise as counsel in a court having unlimited jurisdiction in civil and criminal matters in sierra leone or any other country having a system of law analogous to that of sierra leone and approved by the judicial and legal service commission, and has been entitled as such counsel in the case of appointment to— the supreme court, for not less than twenty years; the court of appeal, for not less than fifteen years; the high court of justice, for not less than ten years. for the purposes of subsection (3), a person shall be regarded as entitled to practise as counsel if he has been called, enrolled or otherwise admitted as such and has not subsequently been disbarred or removed from the roll of counsel or legal practitioners. for the purposes of this section, a person shall not be regarded as not being entitled to practise in a court by reason only that he is precluded from doing so by virtue of his holding or acting in any office. 136. judicial vacancies where the office of the chief justice is vacant or if the chief justice is for any reason unable to perform the functions of his office, then— until a person has been appointed to and has assumed the functions of that office; or until the person holding that office has resumed the functions of that office, as the case may be, those functions shall be performed by the most senior for the time being of the justices of the supreme court. where the office of a judge of the high court is vacant or for any reason a judge thereof is unable to perform the functions of his office or if the chief justice advises the president that the state or business in the high court of justice so requires, the president may, acting in accordance with the advice of the judicial and legal service commission, appoint a person who has held office as, or a person qualified for appointment as, a judge of the superior court of judicature to act as a judge of the high court of justice, notwithstanding the fact that he has already attained the retiring age prescribed by section 137. any person appointed under the provisions of subsection (2) of this section to act as a judge of the high court of justice shall continue to act for the period of his appointment or if no such period is specified until his appointment is revoked by the president, acting in accordance with the advice of the judicial and legal service commission. where the office of a justice of the supreme court or of the court of appeal is vacant or for any reason a justice thereof is unable to perform the functions of his office or if the chief justice advises the president that the state of business in the supreme court or in the court of appeal, as the case may be, so requires the president may, acting in accordance with the advice of the judicial and legal service commission, appoint a person who has held office as or a person qualified for appointment as a judge of the superior court of judicature to act as a justice of the supreme court or of the court of appeal, as the case may be, notwithstanding the fact that he has already attained the retiring age prescribed by section 137. any person appointed under the provisions of subsection (4) of this section to act as a justice of the supreme court or of the court of appeal shall continue to act for the period of his appointment or if no such period is specified until his appointment is revoked by the president acting in accordance with the advice of the judicial and legal service commission. notwithstanding the expiration of the period of his appointment, or the revocation of his appointment, a judge appointed pursuant to the provisions of subsection (2) or (4) of this section, may thereafter continue to act, for a period not exceeding three months, to enable him to deliver judgement or do any other thing in relation to proceedings that were commenced before him previously thereto. 137. tenure of office of judges, etc subject to the provisions of this section, a judge of the superior court of judicature shall hold office during good behaviour. a person holding office as a judge of the superior court of judicature— may retire as judge at any time after attaining the age of sixty years; shall vacate that office on attaining the age of sixty-five years. notwithstanding that he has attained the age at which he is required by the provisions of this section to vacate his office, a person holding the office of a judge of the superior court of judicature may continue in office after attaining that age, for a period not exceeding three months, to enable him to deliver judgement or do any other thing in relation to proceedings that were commenced before him previously thereto. subject to the provisions of this section, a judge of the superior court of judicature may be removed from office only for inability to perform the functions of his office, whether arising from infirmity of body or mind or for stated misconduct, and shall not be so removed save in accordance with the provisions of this section if the judicial and legal service commission represents to the president that the question of removing a judge of the superior court of judicature, other than the chief justice, under subsection (4) ought to be investigated then— the president, acting in consultation with the judicial and legal service commission, shall appoint a tribunal which shall consist of a chairman and two other members, all of whom shall be persons qualified to hold or have held office as a justice of the supreme court; and the tribunal appointed under paragraph (a) shall enquire into the matter and report on the facts thereof and the findings thereon to the president and recommend to the president whether the judge ought to be removed from office under subsection (7). where the question of removing a judge of the superior court of judicature from office has been referred to a tribunal under subsection (5), the president may suspend the judge from performing the functions of his office, and any such suspension may at any time be revoked by the president, and shall in any case cease to have effect if the tribunal recommends to the president that the judge shall not be removed from office. a judge of the superior court of judicature shall be removed from office by the president— if the question of his removal from office has been referred to a tribunal appointed under subsection (5) and the tribunal has recommended to the president that he ought to be removed from office; and if his removal has been approved by a two-thirds majority in parliament. if the president is satisfied on a petition presented to him in that behalf, that the question of removing the chief justice ought to be investigated, then— the president shall, acting in consultation with the cabinet, appoint a tribunal which shall consist of— three justices of the supreme court, or legal practitioners qualified to be appointed as justices of the supreme court; and two other persons who are not members of parliament or legal practitioners; the tribunal shall enquire into the matter and report on the facts thereof and the findings thereon to the president whether the chief justice ought to be removed from office under subsection (10), and the president shall act in accordance with the recommendations of the tribunal. where the question of removing the chief justice from office has been referred to a tribunal under subsection (8), the president may by warrant under his hand suspend the chief justice from performing the functions of his office, and any such suspension may at any time be revoked by the president, and shall in any case cease to have effect if the tribunal recommends to the president that the chief justice shall not be removed from office. the chief justice shall be removed from office by the president— if the question of his removal from office has been referred to a tribunal appointed under subsection (8) and the tribunal has recommended to the president that he ought to be removed from office; and if his removal has been approved by a two-thirds majority in parliament. 138. remuneration of judges, etc the salaries, allowances, gratuities and pensions of judges of the superior court of judicature shall be a charge upon the consolidated fund. a judge of the superior court of judicature shall on retiring from office as such judge, be entitled to such gratuity and pension as may be determined by parliament. the salary, allowances, privileges, right in respect of leave of absence, gratuity or pension and other conditions of service of a judge of the superior court of judicature shall not be varied to his disadvantage. a judge of the superior court of judicature shall not while he continues in office, hold any other office of profit or emolument, whether by way of allowances or otherwise, whether private or public, and either directly or indirectly. 139. oath of office of judges a judge of the superior court of judicature shall, before assuming the functions of his office, take and subscribe before— the president, in the case of the chief justice and justices of the supreme court; and the chief justice, in the case of any other judge, the judicial oath as set out in the third schedule to this constitution. 140. judicial and legal service commission there shall be established a judicial and legal service commission which shall advise the chief justice in the performance of his administrative functions and perform such other functions as provided by this constitution or by any other law, and which shall consist of— the chief justice, who shall be the chairman; the most senior justice of the court of appeal; the solicitor-general; one practising counsel of not less than ten years standing nominated by the sierra leone bar association and appointed by the president; the chairman of the public service commission; and two other persons, not being legal practitioners, to be appointed by the president, subject to the approval of parliament. the chief justice shall, acting in accordance with the advice of the judicial and legal service commission and save as otherwise provided in this constitution, be responsible for the effective and efficient administration of the judiciary. the following provisions shall apply in relation to a member of the judicial and legal service commission who is appointed pursuant to paragraphs (d) and (f) of subsection (1)— subject to the provisions of this subsection, such member shall vacate office at the expiration of three years from the date of his appointment; any such member may be removed from office by the president for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misconduct; and such member shall not be removed from office except in accordance with the provisions of this subsection. a member of the judicial and legal service commission shall, before assuming the functions of his office, take and subscribe before the president the oath as set out in the third schedule to this constitution. 141. appointment of judicial and legal officers, etc the power to appoint persons to hold or act in any office to which this section applies (including the power to make appointments on promotion and transfer from one office to another and to confirm appointments) and to dismiss and exercise disciplinary control over persons holding or acting in such offices shall vest in the judicial and legal service commission: provided that the commission may, with the approval of the president and subject to such conditions as it may think fit, delegate any of its powers under this section, by direction in writing to any of its members, or to any judge of the high court, or to the holder of any office to which this section applies, or, in the case of a power relating to an office connected with the court of appeal or the supreme court, to any justice of either of those courts. this section applies to the offices of administrator and registrar-general, registrar and deputy registrar of the supreme court, registrar and deputy registrar of the court of appeal, master and registrar of the high court, deputy master and registrar of the high court, any registrar of the high court, deputy administrator and registrar-general, any principal magistrate, senior magistrate, magistrate, under sheriff, first parliamentary counsel, second parliamentary counsel, principal state counsel, customary law officer, senior state counsel, senior parliamentary counsel, research counsel, parliamentary counsel, state counsel, assistant customary law officer and such other officers as may be prescribed by parliament. 142. appointment of court officers the appointment of officers and servants of the courts of sierra leone shall, subject to the provisions of section 141 of this constitution, be made by the chief justice or such other judge or officer of the court as the chief justice may direct, acting in consultation with the judicial and legal service commission. the judicial and legal service commission may, acting in consultation with the public service commission and with the prior approval of the president, make regulations by statutory instrument prescribing the terms and conditions of service of officers and other employees of the courts and of the judicial and the legal services established by this constitution or any other law. 143. fees of court, etc any fees, fines or other moneys taken by the courts shall form part of the consolidated fund. 144. official document whenever in any proceedings in a court, other than the supreme court, any question arises as to the discovery of an official document, and any person or authority having custody legal or otherwise of any such document refuses, upon request, to produce that document, on the ground— that the document belongs to a class of documents which it is prejudicial to the security of the state or injurious to the public interest to produce, or that disclosure of the contents thereof will be prejudicial to the security of the state or injurious to the public interest, the court shall stay the proceedings and refer the question to the supreme court for determination. the supreme court may, pursuant to the provisions of subsection (1)— order any person or authority having custody, legal or otherwise, of the document to produce it; and any person so ordered shall produce the document for the purpose of inspection by the supreme court; and determine whether or not any such document shall be produced in the court from which the reference was made after hearing the parties thereto or their legal representatives or after having given them the opportunity of being heard. where the supreme court is of the opinion that the document shall be produced, it shall make an order upon the person or authority having custody of the document to produce the same or so much of the contents thereof as is essential for the proceedings in accordance with the terms of the order. where the question of the discovery of an official document arises in any proceedings in the supreme court in the circumstances mentioned in subsection (1) of this section, the supreme court shall be governed, mutatis mutandis, by the preceding provisions of this section for the determination of the question that has arisen. 145. rules of court committee there shall be established a rules of court committee which shall consist of— the chief justice, who shall be chairman; the director of public prosecutions; a justice of the supreme court, a justice of appeal, and a judge of the high court, to be appointed by the chief justice; the first parliamentary counsel; a nominee of the attorney-general and minister of justice; two practising counsel of not less than ten years standing both of whom shall be nominated annually by the sierra leone bar association. subject to the provisions of this constitution the rules of court committee may make rules of court for regulating the practice and procedure of all courts in sierra leone, which shall include rules relating to the prevention of frivolous and vexatious proceedings. chapter viii. the ombudsman 146. parliament to establish office of ombudsman subject to the provisions of this constitution, parliament shall, not later than twelve months from the commencement of this constitution, or so soon thereafter as parliament may determine, by an act of parliament establish the office of ombudsman. the act of parliament shall define the functions and duties of the ombudsman, which shall include the investigation of any action taken or omitted to be taken by or on behalf of— any department or ministry of government; any statutory corporation or institutions of higher learning or education, set up entirely or partly out of public funds; any member of the public service, being an action taken or omitted to be taken in the exercise of the administrative functions of that department, ministry, statutory corporation, institution or person. chapter ix. commissions of inquiry 147. appointment of commissions of inquiry save as otherwise provided in subsection (2), the president shall, by constitutional instrument, appoint a commission of inquiry into any matter of public interest where— the cabinet advises that it is in the public interest so to do; or parliament by a resolution passed in that behalf requires that a commission be appointed to inquire into any matter specified in the resolution being a matter of public importance. a commission appointed pursuant to the provisions of subsection (1) may consist of a sole commissioner or two or more persons one of whom shall be appointed the chairman of the commission. no person shall be appointed a sole commissioner or the chairman of a commission of inquiry pursuant to the provisions of this section unless— he is a judge of the superior court of judicature; or he is a person qualified to be appointed a judge of the superior court of judicature; or he is a person who has held office as a judge of the superior court of judicature; or he is a person who possesses special background knowledge in respect of the matter forming the subject-matter of the investigation. subject to the provisions of subsection (3), where a commission of inquiry appointed pursuant to the provisions of subsection (1) consists of more than two commissioners other than the chairman, at least one of them shall be a person who possesses special qualifications or knowledge in respect of the matter forming the subject-matter of the investigation. 148. powers, rights and privileges of commissions of inquiry a commission of inquiry shall have such powers, rights and privileges as are vested in the high court of justice or a judge thereof at a trial in respect of— enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise; and compelling the production of documents; and the issue of a commission or request to examine witnesses abroad. a sole commissioner or a member of a commission of inquiry shall not be liable to any action or suit in respect of any matter or thing done by him in the performance of his functions as such commissioner or member. save as may be otherwise ordered by the commission in the interest of public safety or public order, the proceedings of every commission of inquiry shall be held in public. 149. publication of report of commission of inquiry and right of appeal the commission of inquiry shall— make a full, faithful and an impartial inquiry into any matter specified in the commission of appointment; report in writing the result of the inquiry; and furnish in the report the reasons leading to the conclusions arrived at or reported. the president shall, subject to the provisions of subsection (4), cause to be published the report of a commission of inquiry together with the white paper thereon within six months of the date of the submission of the report by the commission. where the report of a commission of inquiry is not to be published, the president shall issue a statement to that effect, giving reasons why the report is not to be published. where a commission of inquiry makes an adverse finding against any person, which may result in a penalty, forfeiture or loss of status, the report of the commission of inquiry shall, for the purposes of this constitution, be deemed to be a judgement of the high court of justice and accordingly an appeal shall lie as of right from the commission to the court of appeal. 150. rules regulating commissions of inquiry subject to the provisions of this chapter, the rules of court committee shall, by constitutional instrument, make rules regulating the practice and procedure of all commissions of inquiry. chapter x. the public service part i. the public service commission 151. establishment of public service commission there shall be a public service commission which shall consist of a chairman, not less than two and not more than four other members. the members of the public service commission shall be appointed by the president, subject to the approval of parliament. a person shall not be qualified to hold the office of a member of the public service commission if he is a member of parliament, a minister or a deputy minister, or if he holds or is acting in any public office. a person who has held office or who has acted as a member of the public service commission shall not within a period of three years commencing with the date on which he last so held office or acted, be eligible for appointment to any office, power to make appointments to which is vested by this constitution in the public service commission. the office of a member of the public service commission, unless he sooner resigns or dies, shall become vacant— at the expiration of a period of five years from the date of his appointment or such shorter period not being less than three years as may be specified at the time of his appointment; if any circumstances arise that if he were not a member of the commission would cause him to be disqualified for appointment as such: provided that a member of the public service commission shall retire at the age of sixtyfive years. a member of the public service commission may be removed by the president for inability to discharge the functions of his office (whether arising from infirmity of mind or body or from any other cause) or for misconduct. whenever the office of a member of the public service commission is vacant or a member is for any reason unable to perform the functions of his office, the president may appoint a person who is qualified for appointment as a member of the commission, and any person so appointed shall, subject to the provisions of paragraph (b) of subsection (5), continue to act until his appointment is revoked by the president. a member of the public service commission shall, before assuming the functions of his office, take and subscribe before the president the oath as set out in third schedule to this constitution. 152. appointments, etc. of public officers subject to the provisions of this constitution, the power to appoint persons to hold or act in offices in the public service (including power to make appointments on promotion and to confirm appointments) and to dismiss and to exercise disciplinary control over persons holding or acting in such offices shall vest in the public service commission. the president may, subject to such conditions as he may think fit, delegate any of his functions relating to the making of appointments, including power to make appointments on promotion and to confirm appointments, by directions in writing to the public service commission or to a committee thereof or to any member of the commission or to any public officer. before the public service commission appoints to any public office any person holding or acting in any office, the power to make appointments to which is not vested in the public service commission, it shall consult the person or authority in whom that power is vested. the public service commission shall, upon request made to it by any person or authority having power to make an appointment to an office under this constitution or in any other public institution, make recommendations to that person or authority for the appointment of any public officer or any other person to any office, the power to make appointment to which is vested by this constitution or any other law in that person, authority or public institution. the power to transfer persons holding or acting in offices in the public service from one department of government to another shall, where such transfer does not involve promotion vest in the public service commission. the provisions of this section shall not apply in relation to any of the following offices— the office of any justice of the supreme court or of the court of appeal or a judge of the high court; the office of the director of public prosecutions; the office of auditor-general; any office to which section 141 (which relates to offices within the jurisdiction of the judicial and legal service commission) applies; any office to which section 153 (which relates to the offices of ambassadors and certain offices) applies; any office to which section 154 (which relates to the offices of permanent secretaries and certain other offices) applies; and any office the remuneration of which is calculated on a daily rate: provided that the power of transfer vested in the public service commission under subsection (5) may be exercised in the case of persons holding any of the offices specified in this subsection where such persons express their consent in writing to such transfer. no appointment shall be made under this section to any office on the personal staff of the president or the vice-president, unless he signifies his personal approval of the appointment. the public service commission shall not dismiss or inflict any other punishment on a public officer on grounds of any act done or omitted to be done by that officer in the exercise of a judicial function conferred upon him, unless the judicial and legal service commission concurs therein. no member of the public service shall be— victimised or discriminated against directly or indirectly for having discharged his duties faithfully in accordance with this constitution, or dismissed or removed from office or reduced in rank or otherwise punished without just cause. the public service commission may, with the prior approval of the president, make regulations by constitutional instrument for the effective and efficient performance of its functions under this constitution or any other law, and may, with such prior approval and subject to such conditions as it may think fit, delegate any of its powers under this section by directions in writing to any of its members or to any public officer. save as is otherwise provided in this constitution, the public service commission shall not be subject to the control or direction of any other person or authority in the performance of its functions under this constitution or any other law. 153. appointment of the principal representatives of sierra leone abroad, armed forces commanders and inspector-general of police the power to appoint persons to hold or act in the office to which this section applies (including the power to transfer from one office to another and to confirm appointments) and to remove persons so appointed from any such office shall vest in the president. the offices to which this section applies are the offices of ambassadors, high commissioners or other principal representative of sierra leone abroad, the commanders of the armed forces and the inspector-general of police: provided that the appointment to these offices shall be subject to the approval of parliament. 154. appointment of permanent secretaries and certain other officers the power to appoint persons to hold or act in any of the offices to which this section applies (including the power to make appointments on promotion and transfer from one office to another and to confirm appointments) and to remove persons so appointed from any such office shall vest in the president acting in consultation with the public service commission. the offices to which this section applies are the offices of secretary to the cabinet, secretary to the vice-president, financial secretary, director-general of the ministry of foreign affairs, establishment secretary, development secretary, provincial secretary and permanent secretary. where any person holding an office mentioned in subsection (2) accepts another such office carrying higher remuneration, he shall, unless a contrary intention appears from the terms of his appointment, be deemed to have relinquished the office he was originally holding; where the second office does not carry higher remuneration, the question whether or not he shall be deemed to have relinquished the original office shall depend on the terms of his second appointment. subject to the provisions of section 152 of this constitution, where any person has been removed under subsection (1) from any office specified in subsection (2) he may notwithstanding such removal— remain in the public service; continue to receive a salary not less than the salary he received before such removal; and continue to be eligible for any benefits granted to him in respect of his service as a public officer, including benefits payable under any law providing for the grant of pensions, gratuities or both, unless by such removal he ceases to be a member of the public service. part ii. the police force 155. establishment of the sierra leone police force there shall be a police force of sierra leone, the head of which shall be the inspector-general of police. no person shall raise any police force except by or under the authority of an act of parliament. no member of the police force shall hold office as president, vice-president, minister or deputy minister, or be qualified for election as a member of parliament whilst he remains a member of the police force. 156. establishment of police council there is hereby established a body to be known as the police council which shall consist of— the chief secretary of state; the secretary of state, department of internal affairs; the inspector-general of police; the deputy inspector-general of police; the chairman of the public service commission; a member of the sierra leone bar association who shall be a legal practitioner of not less than ten (10) years standing as a practising barrister, and shall be nominated by that body and appointed by the chairman, armed forces revolutionary council; two other members appointed by the chairman, armed forces revolutionary council, subject to the approval of the armed forces revolutionary council. every member of the police council shall before assuming the function of his office, take and subscribe the oath as set out in the third schedule to the constitution of sierra leon, 1991. the permanent secretary of the department responsible for matters relating to the police shall be secretary to the council. 157. appointments in the police force the inspector-general shall be appointed by the president acting on the advice of the police council, subject to the approval of parliament. subject to the provisions of this constitution, the power to appoint persons to hold or act in an office in the police force from the rank of assistant superintendent of police and above, excluding the inspector-general of police, (including the power to make appointments on promotion and to confirm appointments), and to dismiss, reduce in rank and to exercise disciplinary control over persons holding or acting in such offices shall vest in the police council. the power to appoint persons to hold or act in any office in the police force below the rank of assistant superintendent of police, (including the power to make appointments on promotion and to confirm appointments), and to dismiss, reduce in rank and to exercise disciplinary control over persons holding or acting in such offices shall vest in the police council acting on the recommendation of the inspector-general of police. subject to the provisions of this section and to the control and direction of the police council, the inspector-general of police shall be responsible for the operational control and administration of the police force. 158. functions of police council the police council shall advise the president on all major matters of policy relating to internal security, including the role of the police force, police budgeting and finance, administration and any other matter as the president shall require. the police council may, with the prior approval of the president, make regulations for the performance of its functions under this constitution or any other law, and for the effective and efficient administration of the police force. regulations made pursuant to the provisions of subsection (2) shall include regulations in respect of— the control and administration of the police force of sierra leone; the ranks of officers and men of each unit of the police force, the members in each such rank and the use of uniforms by such members; the conditions of service, including those relating to enrolment and to pay, pensions, gratuities and other allowances of officers and men of each unit and deductions therefrom; the authority and powers of command of officers and men of the police force; and the delegation to other persons of powers of commanding officers to discipline accused persons, and the conditions subject to which such delegation may be made. part iii. resignations, re-appointments and protection of pension rights of public officers holding established offices 159. resignation and effect of new appointment of a person holding an established office any person who is appointed or elected to, or otherwise selected for, any office established by this constitution, including the office of vice-president, member of the cabinet, minister or deputy minister, may resign from that office by writing under his hand addressed to the person or authority by whom he was appointed, elected or selected: provided that in the case of the speaker or the deputy speaker his resignation from office shall be addressed to parliament and in the case of a member of parliament his resignation from parliament shall be addressed to the speaker. the resignation of any person from any such office as referred to in subsection (1) shall take effect, where no date is specified, when the writing signifying the resignation is received by the person or authority to whom it is addressed or by any person authorised by that person or authority to receive it. 160. re-appointment, etc subject to the provisions of this constitution, where any person has vacated any office established by this constitution he may, if qualified, again be appointed, elected, or otherwise selected to hold that office. where by this constitution a power is conferred upon any person or authority to make any appointment to any public office, a person may be appointed to that office notwithstanding that some other person may be holding that office, when that other person is on leave of absence pending relinquishment of the office; and where two or more persons are holding the same office by reason of an appointment made in pursuance of this subsection then for the purposes of any function conferred upon the holder of that office the person last appointed shall be deemed to be the sole holder of the office. 161. protection of pension rights the law applicable to any benefits to which this section applies shall, in relation to any person who has been granted, or who is eligible for the grant of such benefits, be that in force on the relevant date or any later law that is not less favourable to that person. in this section “the relevant date” means— in relation to any benefits granted before the twenty-seventh day of april, 1961, the date on which those benefits were granted; in relation to any benefits granted on or after the twenty-seventh day of april, 1961, to or in respect of any person who was a public officer before that date, the twenty-sixth day of april, 1961; and in relation to any benefits granted or to be granted to or in respect of any person who becomes a public officer on or after the twenty-seventh day of april, 1961, the date on which he becomes a public officer. where a person is entitled to exercise an option as to which of two or more laws shall apply in his case, the law specified by him in exercising the option shall, for the purposes of this section, be deemed to be more favourable to him than the other law or laws. any benefit to which this section applies (not being a benefit that is a charge upon some other public fund of sierra leone) shall be a charge upon the consolidated fund or upon such other special fund, whether contributory or non-contributory, as parliament may prescribe. this section applies to any benefits payable under any law providing for the grant of pensions, gratuities or compensation to persons who are or have been public officers in respect of their service in the public service or to the widows, children, dependants or personal representatives of such persons in respect of such service. references to the law applicable to any benefits to which this section applies includes (without prejudice to their generality) references to any law relating to the time at which and the manner in which any person may retire in order to become eligible for those benefits. notwithstanding any law or custom to the contrary, it shall be lawful for parliament to enact that a person shall not be entitled to a benefit under this section, unless he has contributed to a specified fund created for the purpose. part iv. power and procedure of commissions and councils, and legal proceedings 162. power of commissions in relation to the grant of pensions where any benefits to which this section applies can be withheld, reduced in amount or suspended by any law, those benefits shall not be so withheld, reduced in amount or suspended— in the case of benefits which have been granted in respect of service in the public service of any person who at the time when he ceased to be a public-officer was subject to the jurisdiction of the judicial and legal service commission or for which any person may be eligible in respect of such service, without the approval of that commission; or in any other case, without the approval of the public service commission or the appropriate council, as the case may be. no benefits to which this section applies that have been granted to or in respect of any person who is or has been a judge of the high court, a justice of appeal or of the supreme court, or a former judge of the supreme court or for which any such person or his widow, children, dependants or personal representatives may be eligible, shall be withheld, reduced in amount or suspended on the ground that that person has been guilty of misconduct or misbehavior unless that person has been removed from judicial office by reason of such misconduct or misbehaviour. this section applies to any benefits payable under any law providing for the grant of pensions, gratuities or compensation to persons who are or have been public officers in respect of their service in the public service or to the widows, children, dependants or personal representatives of such persons in respect of such service whether on a contributory or non-contributory basis. 163. power and procedure of commissions any commission or council established by this constitution may, with the consent of the president and subject to the provisions of subsection (2), by regulation or otherwise regulate its own procedure and, confer or delegate powers or impose duties on any authority of the government for the purpose of the discharge of its functions. at any meeting of any commission or council established by this constitution a quorum shall be constituted if three members are present; and if a quorum is present the commission or council shall not be disqualified for the transaction of business by reason of any vacancy among its members and any proceedings of the commission or council shall be valid notwithstanding that some person who was not entitled to do so took part therein. 164. protection of commissions from legal proceedings the question whether— any commission or council established by this constitution has validly performed any function vested in it by or under this constitution; any member of such a commission or council or any other person has validly performed any functions delegated to such member or person in pursuance of the provisions of subsection (1) of section 163 or, as the case may be, subsection (10) of section 152; or any member of such a commission or council or any other person or authority has validly performed any other function in relation to the work of the commission or council or in relation to any such function as is referred to in paragraph (b), shall not be inquired into in any court. chapter xi. the armed forces 165. establishment of the armed forces there shall be the armed forces of sierra leone which shall consist of the army, the navy and the air force, and such other branches for which provision is made by parliament. the principal function of the armed forces shall be to guard and secure the republic of sierra leone and preserve the safety and territorial integrity of the state, to participate in its development, to safeguard the people’s achievements and to protect this constitution. no member of the armed force shall hold office as president, vice-president, minister or deputy minister, or be qualified for election as a member of parliament whilst he remains a member of the armed forces. 166. prohibition of private armed forces no person shall raise any armed force except by or under the authority of an act of parliament. 167. establishment of defence council there is hereby established a body to be known as the defence council which shall consist of— the chairman, armed forces revolutionary council, who shall be chairman; the chief secretary of state; the under secretary of state for defence; the chief of defence staff; the commanders of the armed forces (army, navy and air force) and their deputies; the secretary of state, internal affairs; two other persons as the chairman, armed forces revolutionary council, shall from time to time appoint. every member of the defence council shall, before assuming the function of his office, take and subscribe the oath as set out in the third schedule to the constitution of sierra leone, 1991. the permanent secretary of the department of defence shall be the secretary to the council. 168. appointments in the armed forces the president, acting on the advice of the defence council, shall appoint the chief of defence staff of the armed forces. subject to the provisions of this section and to the control or directives of the defence council, the chief of defence staff and the commanders of the armed forces shall be responsible for the operational control and the administration of the armed forces as a whole. 169. functions of the defence council the defence council shall advise the president on all major matters of policy relating to defence and strategy including the role of the armed forces, military budgeting and finance, administration and the promotion of officers above the rank of lieutenant or its equivalent. the defence council may, with the prior approval of the president, make regulations for the performance of its functions under this constitution or any other law, and for the effective and efficient administration of the armed forces. regulations made pursuant to the provisions of subsection (2) shall include regulations in respect of— the control and administration of the army, the navy and the air force of sierra leone; the ranks of officers and men of each armed force, the members in each such rank and the use of uniforms by such men; the conditions of service, including those relating to the enrolment and to the pay, pensions, gratuities and other allowances of officers and men of each armed force and deductions therefrom; the authority and powers of command of officers and men of each armed force; and the delegation to other persons of powers of commanding officers to try accused persons, and the conditions subject to which such delegation may be made. chapter xii. the laws of sierra leone 170. the laws of sierra leone the laws of sierra leone shall comprise— this constitution; laws made by or under the authority of parliament as established by this constitution; any orders, rules, regulations and other statutory instruments made by any person or authority pursuant to a power conferred in that behalf by this constitution or any other law; the existing law; and the common law. the common law of sierra leone shall comprise the rules of law generally known as the common law, the rules of law generally known as the doctrines of equity, and the rules of customary law including those determined by the superior court of judicature. for the purposes of this section the expression “customary law” means the rules of law which by custom are applicable to particular communities in sierra leone. the existing law shall, save as otherwise provided in subsection (1), comprise the written and unwritten laws of sierra leone as they existed immediately before the date of the coming into force of this constitution and any statutory instrument issued or made before that date which is to come into force on or after that date. subject to the provisions of this section, the operation of the existing laws after the coming into force of this constitution shall not be affected by such commencement; and accordingly the existing law shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with the provisions of this constitution or otherwise to give effect to or enable effect to be given to any changes effected by this constitution. every statutory instrument shall be published in the gazette not later than twentyeight days after it is made or, in the case of a statutory instrument which will not have the force of law unless it is approved by some person or authority other than the person or authority by which it is made, not later than twenty-eight days after it is approved, and if it is not so published it shall be void from the date on which it was made. any orders, rules or regulations made by any person or authority pursuant to a power conferred in that behalf by this constitution or any other law— shall be laid before parliament; shall be published in the gazette on or before the day they are so laid before parliament; shall come into force at the expiration of a period of twenty-one days of being so laid unless parliament, before the expiration of the said period of twenty-one days, annuls any such orders, rules or regulations by the votes of not less than two-thirds of the members of parliament. chapter xiii. miscellaneous 171. interpretation in this constitution unless a contrary intention appears— “chiefdom council” means a chiefdom council constituted under the chiefdom councils act; “commission of inquiry” includes a committee of inquiry; “constitutional instrument” means an instrument made under a power conferred in that behalf by this constitution; “court” means any court of law in sierra leone including a court martial; “law” includes— any instrument having the force of law made in exercise of a power conferred by law; customary law and any other unwritten rules of law; “local court” means a court established by or under the local courts act, 1963; “oath” includes an affirmation; “the president” means the president of the republic; “public emergency” includes any period during which sierra leone is at war; or there is in force a proclamation issued by the president under subsection (1) of section 29; or there is in force a resolution of parliament made under subsection (3) of section 29; “public office” includes an office the emoluments attaching to which are paid directly from the consolidated fund or directly out of moneys provided by parliament; “public officer” means a person holding or acting in a public office; “public service” means, subject to the provision of subsections (3) and (4), service of the government of sierra leone in a civil capacity and includes such service in respect of the government existing in sierra leone prior to the twenty-seventh day of april, 1961; “session” means the sittings of parliament when it first meets after the commencement of this constitution or after the prorogation or dissolution of parliament at any time and ending when parliament is prorogued or dissolved without having been prorogued; “sierra leone” means the territory more particularly described in the first schedule; “statutory instrument” means any proclamation, regulation, order, rule or other instrument (not being an act of parliament) having the force of law; “the sierra leone police” means the police force established under the police act, 1964; “sitting” means a period during which parliament is sitting continuously without adjournment including any period during which parliament is in committee. in this constitution unless a contrary intention appears— words importing male persons shall include female persons and corporations; words in the singular shall include the plural, and words in the plural shall include the singular; where a word is defined, other parts of speech and tenses of that word shall have corresponding meanings; words directing or enpowering a public officer to do any act or thing, or otherwise applying to him by the designation of his office, shall include his successors in office and all his deputies or all other assistants; words directing or empowering a minister to do an act or thing or otherwise applying to him, by the designation of his office, shall include a minister acting for him, or if the office is vacant a minister designated to act in that office by or under the authority of an act of parliament and also his successors in office or all his deputies or other assistants. in this constitution unless otherwise expressly provided “the public service” includes service in the office of chief justice, a justice of the supreme court, justice of appeal, judge of the high court or of the former supreme court or in the office of judge of any other court established by parliament being an office the emoluments attaching to which are paid out of the consolidated fund or any other public fund of sierra leone, and service in the office of a member of the sierra leone police force. in this constitution “the public service” does not include service in the office of president. vice-president, speaker, minister, deputy minister, attorney-general and minister of justice, deputy speaker, member of parliament, or of any member of any commission established by this constitution, or any member of any council, board, panel, committee or other similar body (whether incorporated or not) established by or under any law, or in the office of any paramount chief, chiefdom councillor or member of a local court. in this constitution, unless a contrary intention appears— a reference to an appointment to any office shall be construed as including a reference to the appointment of a person to act in or perform the functions of that office; and a reference to the holder of an office by a term designating his office shall be construed as including a reference to any person for the time being lawfully acting in or performing the functions of that office. where by this constitution power is vested in any person or authority to appoint any person to act in or perform the functions of any office, if the holder thereof is himself unable to perform those functions, no such appointment shall be called in question on the ground that the holder of the office was not unable to perform those functions. in this constitution and in any other law— the power to appoint any person to hold or to act in any office in the public service shall include the power to confirm appointments, to exercise disciplinary control over persons holding or acting in such offices and to reappoint or reinstate any person appointed in exercise of the power in question, unless such power is expressly or by necessary implication conferred upon some other person or authority by this constitution. where a power is conferred or a duty is imposed on the holder of an office as such, the power may be exercised and the duty shall be performed by the person for the time being charged with the performance of the functions of his office. reference in this constitution to the power to remove a public officer from his office shall be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service: provided that— nothing in this subsection shall be construed as conferring on any person or authority the power to require a judge of the high court, a justice of appeal or a justice of the supreme court, the solicitor-general, the director of public prosecutions or the auditor-general to retire from the public service; and any power conferred by any law to permit a person to retire from the public service shall, in the case of any public officer who may be removed from office by some person or authority other than a commission, established by this constitution, be vested in the public service commission. in this constitution, reference to a subsection, paragraph, sub-paragraph or item shall be construed as reference to a subsection, paragraph, sub-paragraph or item of the section, subsection, paragraph or sub-paragraph as the case may be in which the reference is made. any provision in this constitution that vests in any person or authority the power to remove any public officer from his office shall be without prejudice to the power of any person or authority to abolish any office or to any law providing for the compulsory retirement of public officers generally or any class of public officers on attaining an age specified by or under that law. where any power— is conferred by this constitution to make any order, regulation, rule or pass any resolution or give any direction or make any declaration or designation, it shall be deemed to include the power, exerciseable in like manner and subject to the like conditions, if any, to amend or revoke any such order, regulation, rule, constitutional or statutory instrument, resolution, direction, declaration or designation as the case may be: provided that nothing in this subsection shall apply to the power to issue a certificate conferred by paragraph (b) of subsection (6) of section 50 of this constitution. is given to any person or authority to do or enforce the doing of any act or thing, all such powers shall be deemed to be also given as are necessary to enable that person or authority to do or enforce the doing of the act or thing. for the purposes of this constitution a person shall not be regarded as holding an office of emuloment under the government by reason only that he is in receipt of a pension or other like benefit in respect of service in an office under the government. no provision of this constitution that any person or authority shall not be subject to the direction or control of any other person or authority in exercising any functions under this constitution shall be construed as precluding a court from exercising jurisdiction in relation to any question whether the person or authority has performed those functions in accordance with this constitution or any other law. where, under any provision of this constitution, any person or authority is authorised or required to exercise any function after consultation with some other person or authority, the person or authority shall not be required to act in accordance with the advice of that other person or authority, and the question whether such consultation was made shall not be inquired into in any court. this constitution shall be the supreme law of sierra leone and any other law found to be inconsistent with any provision of this constitution shall, to the extent of the inconsistency, be void and of no effect. 172. legislation any reference in this constitution to a law made before 27th april, 1961, shall, unless the context otherwise requires, be construed as a reference to that law as it had effect immediately before the coming into effect of this constitution. any reference in this constitution to a law that amends or replaces any other law or any provision of any other law shall be construed as including a reference to a law that modifies, re-enacts, with or without amendment or modification, suspends, repeals, adds new provision, or makes different provisions in lieu of that other law or that provision. it is hereby declared that— any power to make laws conferred by this constitution includes power to make laws having extraterritorial operation; any reference in this constitution to the functions of the president includes reference to his functions as commander-in-chief of the armed forces of the republic; the functions of the commander-in-chief of the armed forces of the republic shall be such as may be prescribed by parliament. 173. consequential provisions the provisions of any consequential provisions act made under this constitution and of any act relating to citizenship shall not be amended, repealed, re-enacted or replaced unless the bill incorporating such amendments, repeal, re-enactment or replacement is supported at the final vote thereupon by the votes of not less than two-thirds of the members of parliament. chapter xiv. transitional provisions 174. existing constitution in this chapter “the existing constitution” refers to the constitution of sierra leone, 1978. 175. effect of transitional provisions the transitional provisions of this constitution shall have effect notwithstanding anything to the contrary contained in this constitution or any other law. 176. existing law in this chapter, the expression “existing law” means any act, rule, regulation, order or other such instrument made in pursuance of, or continuing in operation under, the existing constitution and having effect as part of the laws of sierra leone or of any part thereof immediately before the commencement of this constitution or any act of the parliament of the united kingdom or order of her majesty in council so having effect and may be construed with such modifications, adaptations qualifications and exceptions as may be necessary to bring it into conformity with this constitution as if it had been under this constitution. 177. application of existing law the existing law shall, notwithstanding the repeal of the constitution of sierra leone act, 1978, have effect after the entry into force of this constitution as if they had been made in pursuance of this constitution and shall be read and construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with this constitution. where any matter that falls to be prescribed or otherwise provided for under this constitution by parliament or by any other authority or person is prescribed or provided for by or under an existing law (including any amendment to any such law made under this section), or is otherwise prescribed or provided for immediately before the commencement of this constitution by or under the existing constitution, that prescription or provision shall, as from the commencement of this constitution have effect with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with this constitution as if it had been made under this constitution by parliament or, as the case may require, by the other authority or person. subject to the approval of parliament, the president may, by order made after the commencement of this constitution but before the first dissolution of parliament under this constitution, make such amendments to any existing law as may appear to him to be necessary or expedient for bringing that law into conformity with the provisions of this constitution or otherwise for giving effect or enabling effect to be given to the provisions of this constitution. the provisions of this section shall be without prejudice to any powers conferred by this constitution or by any other law upon any person or authority to make provision for any matter, including the amendment or repeal of any existing law. 178. preservation of existing offices where any office has been established by or under the existing constitution or any existing law, and this constitution establishes or provides for the establishment of a similar or an equivalent office including the office of president, vice-president, minister, member of the cabinet, attorney-general and minister of justice, deputy minister or any person who, immediately before the commencement of this constitution, holds or is acting in the former office shall, so far as is consistent with the provisions of this constitution, be deemed as from the commencement of this constitution to have been appointed, elected or otherwise selected to hold or act in the latter office in accordance with the provisions of this constitution: provided that— any person who under the existing constitution or any existing law would have been required to vacate his office at the expiration of any period or on the attainment of any age shall vacate his office at the expiration of that period or on the attainment of that age; no alteration made in the functions, powers or duties of any office by this constitution shall entitle the holder thereof for the purpose of any law with respect to pensions benefits to be treated as if his office had been abolished. the person who holds the office of president of the republic of sierra leone immediately before the coming into force of this constitution shall continue to be the president of the republic of sierra leone after the commencement of this constitution until the first presidential election is held under this constitution: provided that the period served after the commencement of this constitution shall not count as a term or part of a term for the purposes of subsection (1) of section 46. the offices of vice-presidents under the existing constitution shall remain in force until the first dissolution of parliament under this constitution. any person who, by virtue of this section is deemed as from the commencement of this constitution to have been appointed, elected or otherwise selected to hold or act in any office shall also be deemed as from the commencement of this constitution to have been appointed, elected or otherwise selected to hold or act in that office, and shall also be deemed to have taken and subscribed any necessary oath under this constitution. the high court of justice established under the provisions of subsection (4) of section 120 of this constitution shall be the successor to the high court in being immediately before the coming into force of this constitution. the court of appeal established under the provisions of subsection (4) of section 120 of this constitution shall be the successor to the court of appeal in being immediately before the coming into force of this constitution; and accordingly the court of appeal as established by this constitution shall be bound to follow the decisions on questions of law binding on the court of appeal as it existed immediately before the coming into force of this constitution. the supreme court established under the provisions of subsection (4) of section 120 of this constitution shall be the successor to the supreme court in being immediately before the coming into force of this constitution. the persons who immediately before the entry into force of this constitution were justices of the supreme court, or justices of the court of appeal, judges of the high court established under chapter vi of the existing constitution shall be deemed to have been appointed respectively justices of the supreme court, justices of the court of appeal and judges of the high court established by this constitution. the person who immediately before the entry into force of this constitution held the office of chief justice of the judiciary established under sections 100 and 101 of the existing constitution shall be deemed to have been appointed chief justice, and a justice of the supreme court under this constitution. a person who is a member of the public service commission established by the existing constitution may, notwithstanding that by reason of his having held or been nominated for election to any office before the coming into effect of this constitution, he is disqualified to be appointed as a member of the public service commission established by this constitution, continue in office under this section as a member of that commission and be re-appointed thereto upon the expiration of his term of office. in this chapter, “pensions benefits” means any pensions, compensations, gratuity, or other like allowances for the holder of that office in respect of his service as a public officer or for the widow, children, dependants or personal representative of such holder in respect of such service, whether or not accruing from a contributory basis. reference in this chapter to the law with respect to pensions benefits includes, without prejudice to their generality, references to the law regulating the circumstances in which such benefits may be granted or in which the grant of such benefits may be refused, the law regulating the circumstances in which any such benefits that have been granted may be withheld, reduced in amount or suspended, and the law regulating the amount of any such benefits. notwithstanding anything contained in this constitution to the contrary, any commission or committee of inquiry in existence immediately before the coming into force of this constitution may continue in existence until the submission of its report or otherwise dissolved according to law. 179. existing parliament the parliament constituted by the existing constitution (hereinafter referred to as “the existing parliament”) shall be deemed to be the parliament at the commencement of this constitution and the existing members shall be deemed members thereof and the said parliament shall stand dissolved not later than twelve months after the commencement of this constitution. the constituencies into which sierra leone was divided immediately before the commencement of this constitution and until other provision is made in that behalf in accordance with this constitution shall be deemed to be the constituencies into which sierra leone is divided in pursuance of section 38 of this constitution; and the persons who immediately before the commencement of this constitution, are the elected members of the existing parliament representing these constituencies shall be deemed as from the commencement of this constitution to have been elected to parliament in accordance with provisions of this constitution as the elected members representing the respective constituencies corresponding to those constituencies and shall hold their seats in accordance with the provisions of subsection (1). the registers of voters having effect immediately before the commencement of this constitution for the purposes of elections to the existing parliament shall, as from the commencement of this constitution, have effect as if they have been compiled in pursuance of this constitution. the persons who, immediately before the commencement of this constitution, are members of parliament appointed by the president pursuant to the provisions in paragraph (c) of subsection (1) of section 43 of the existing constitution, shall be deemed as from the commencement of this constitution to be members of parliament until the dissolution of parliament in accordance with the provisions of subsection (1) of this constitution. the persons who, immediately before the commencement of this constitution are the speaker and the deputy speaker of the existing parliament shall be deemed as from the commencement of this constitution to have been elected as speaker and deputy speaker of parliament in accordance with the provisions of this constitution and shall hold office in accordance with those provisions. until parliament otherwise provides, any person who holds or acts in any office, the holding of which would under the existing law be a disqualification for election to parliament, shall be deemed not to be so disqualified as though provisions in that behalf had been made in pursuance of this constitution. the standing orders of the existing parliament as in force immediately before the commencement of this constitution shall until it is otherwise provided by parliament, be the standing orders of parliament, but they shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with this constitution. any person who, by virtue of this section, is deemed as from the commencement of this constitution to have been elected as speaker or any other member of parliament shall be deemed to have taken and subscribed any necessary oath under this constitution. 180. delegated powers and inquiries any power that immediately before the commencement of this constitution is vested in an existing public service authority (that is to say, for example, the president or the public service commission) established by the existing constitution, and that, under the existing constitution, is then delegated to some other person or authority shall, as from the commencement of this constitution and so far as is consistent with the provisions of this constitution, be deemed to have been delegated to such person or authority in accordance with those provisions. any matter that, immediately before the commencement of this constitution, is pending before an existing public service authority shall, so far as is consistent with the provisions of this constitution, be continued before the corresponding public service authority established by this constitution, and any matter that, immediately before the commencement of this constitution, is pending before a person or authority to whom power to deal with that matter has been delegated by an existing public service authority shall, so far as is consistent with the provisions of this constitution, be continued before the person or authority to whom that power was delegated: provided that, where the hearing of a disciplinary proceeding has begun but has not been completed immediately before the commencement of this constitution, the continued hearing shall not be held before any person unless the hearing that has already taken place was also held before him; and where, by virtue of this provision, the hearing cannot be continued it shall be recommenced. 181. continuation of matters where any matter or thing has been commenced before the coming into force of this constitution by any person or authority having power in that behalf under the existing law, that matter or thing may be carried on and completed by the person or authority having power in that behalf on or after such commencement and it shall not be necessary for any such person or authority to commence any such matter or thing de novo. 182. legal proceedings subject to the provisions of sections 183 and 184 legal proceedings pending immediately before the coming into force of this constitution before any court, including civil proceedings by or against the government, shall not be affected by the coming into force of this constitution and may be continued accordingly. 183. appeals any proceedings pending immediately before the entry into force of this constitution before the existing high court or any proceedings on appeal from that court so pending before the existing court of appeal or any proceedings on appeal from the court of appeal before the supreme court may be continued after the entry into force of this constitution before the high court or the court of appeal or the supreme court established by this constitution as the case may be. 184. jurisdiction of courts on and after the 14th day of june, 1978, no court having jurisdiction under the laws of sierra leone shall, by virtue of the colonial and other territories (divorce jurisdiction) act, 1926 to 1950, have jurisdiction to make a decree for the dissolution of a marriage, or as incidental thereto to make an order as to any matter, unless proceedings for the decree were instituted before the commencement of this constitution. except as provided by subsection (1) and subject to any provision to the contrary which may be made on or after the commencement of this constitution by or under any law made by any legislature established for sierra leone, all courts having jurisdiction under the laws of sierra leone shall on and after that day have the same jurisdiction under the said acts as they would have had if this constitution had not been passed. the reference in subsection (1) to proceedings for the dissolution of a marriage includes references to proceedings for such a decree of presumption of death and dissolution of marriage as is authorised by section 1 of the matrimonial causes act, 1950. 185. finance the public funds known as the consolidated fund and the contingencies fund established by the existing constitution shall respectively continue in being as the consolidated fund and the contingencies fund established respectively by sections 111 and 116 of this constitution. 186. financial authorization every payment required or authorised to be made out of a public fund under any law in force immediately before the commencement of this constitution is hereby charged on that fund. 187. official seals, etc the public seal, the seals of the high court, the court of appeal and the supreme court, together with any duplicates thereof and any other official seal, as well as any prescribed forms in use under any law in force immediately before the commencement of this constitution may be employed on and after that date by the corresponding authorities under any law in force at the said commencement and contained in the existing law. 188. continuation of police forces the sierra leone police force established by the police act, 1964 and in being immediately before the commencement of this constitution shall continue in being thereafter and be deemed to be the police force of the republic of sierra leone and any law in force immediately before the commencement of this constitution in relation to the said police force shall have effect accordingly. 189. continuation of the military forces the republic of sierra leone military forces established by the sierra leone military forces act, 1961 in being immediately before the commencement of this constitution shall continue in being thereafter and be deemed to be the military forces of the republic of sierra leone, and any law in force immediately before the commencement of this constitution in relation to the said military forces shall have effect accordingly. 190. repeal of act no. 12 of 1978 and savings the constitution of sierra leone, 1978 is hereby repealed in so far as it affects the laws of sierra leone: provided that notwithstanding such repeal, all laws made by virtue of any authority therein contained shall remain in full force and effect to the same extent as if that constitution had not been repealed. 191. reprint the president may within a period of three years from the coming into force of this constitution cause these provisions to be reprinted and published without the transitional provisions in this constitution. 192. commencement of act no. 6 of 1991 this act shall come into operation on the 1st day of october, 1991, following the issuance of a certificate by the speaker in the form set out in the fourth schedule that the provisions of section 55 of the existing constitution have been complied with. first schedule. territory of sierra leone the area in west africa lying between the sixth and tenth degrees of north latitude and the tenth and fourteenth degrees of west longitude and bounded on the north by the boundary line delimited under the provisions of the anglo-french convention dated the twenty-eight day of june, 1882, the anglo-french agreement dated the twenty-first day of january, 1895, and the notes exchanged between his britannic majesty’s principal secretary of state for foreign affairs and the ambassador of the french republic, and dated the sixth day of july, 1911, and on the south by the anglo-liberian boundary line delimited under the provisions of the anglo-liberian conventions dated the eleventh day of november, 1885 and the twenty-first day of january, 1911. second schedule. president’s oath “i do hereby (in the name of god swear) (solemnly affirm) that i will at all times well and truly discharge the duties of the office of the president of the republic of sierra leone according to law, that i will preserve, support, uphold, maintain and defend the constitution of the republic of sierra leone as by law established, and that i will do right to all manner of people according to law, without fear or favour, affection or ill-will. (so help me god.) third schedule oath of the vice-president, ministers and deputy ministers, attorney-general and minister of justice, secretary to the president, secretary to the cabinet, solicitor-general, director of public prosecutions, members of the electoral commission, the speaker, members of parliament, auditor-general, members of the public service commission, the chief justice and judges of the superior court of judicature, members of the judicial and legal service commission, members of the police council, members of the defence council. “i do hereby (in the name of god swear) (solemnly affirm) that i will faithfully and truly discharge the duties of the office of of the republic of sierra leone, and that i will support, uphold and maintain the constitution of sierra leone as by law established. (so help me god.) oath of the speaker “i do hereby (in the name of god swear) (solemnly affirm) that i will bear true faith and allegiance to the republic of sierra leone as by law established; that i will faithfully and conscientiously discharge my duties as speaker of parliament, and that i will do right to all manner of people in accordance with the constitution of sierra leone and uphold the laws and customs of parliament without fear or favour, affection or ill-will. (so help me god.) oath of member of parliament “i having been elected a member of parliament do hereby (in the name of god swear) (solemnly affirm) that i will bear true faith and allegiance to the republic of sierra leone as by law established, that i will uphold and defend the constitution of sierra leone, and that i will faithfully and conscientiously discharge the duties of a member of parliament. (so help me god.) the judicial oath “i do hereby (in the name of god swear) (solemnly affirm) that i will faithfully and truly discharge the duties of the office of and that i will support and uphold the constitution of sierra leone as by law established, and that i will do right to all manner of people after the laws and usages of sierra leone without fear or favour affection or ill-will. (so help me god.) fourth schedule. declaration of compliance i william niaka stephen conteh, officer of the order of the republic of sierra leone, speaker of the parliament of sierra leone, do hereby certify that a bill entitled “the constitution of sierra leone, 1991” was first introduced by the honourable abdulai osman conteh, officer of the order of the republic of sierra leone, attorney-general and minister of justice of sierra leone in the fifth session of the third parliament of sierra leone on the 4th day of june, 1991, then passed the first reading, the second reading and the committee stage (with certain amendments made thereto) and that on the 1st day of july, 1991 the said honourable abdulai osman conteh, officer of the order of the republic of sierra leone, attorney-general and minister of justice of sierra leone, reported to the house that the bill entitled “the constitution of sierra leone, 1991” passed the house with certain amendments. i further certify that on the 3rd day of august, 1991, the said bill entitled “the constitution of sierra leone, 1991” in accordance with the provisions of subsection (3) of section 55 of the constitution of sierra leone, 1978 (act no. 12 of 1978), has been submitted to and been approved at a referendum conducted on the 23rd, 26th, 28th and 30th days of august, 1991 and been approved with the majority required under sub-section (4) of section 55 of the constitution of sierra leone, 1978. i further certify that all the appropriate provisions of section 55 of the constitution of sierra leone, 1978 have been complied with and that the said bill entitled “the constitution of sierra leone, 1991” may therefore be submitted to his excellency the president for his assent and signature. given under my hand this 3rd day of september, 1991. w. n. s. conteh, speaker. passed in parliament this 1st day of july, in the year of our lord one thousand nine hundred and ninety-one. m. t. betts-priddy, acting clerk of parliament. preamble we, the sovereign people of burkina faso: conscious of our responsibilities and of our duties before history and before humanity; strengthened by the democracies [we have] acquired; committed to preserve those acquired and animated by a will to construct a state of law guaranteeing the exercise of collective and individual rights, liberty, dignity, security, well-being, development, equality and justice as the fundamental values of a pluralist society of progress and free from all prejudice; reaffirming our commitment to the struggle against any form of domination as well as to the democratic character of power; reaffirming the republican character of the forces of defense and of security; determined to promote integrity, probity, transparence, impartiality and the obligation to render account as the republican and ethical values proper to moralize the life of the nation; recognizing the customary and traditional leadership as [a] moral authority[,] depository of the customs and of the traditions in our society; recognizing that the promotion of gender is a factor for realization of the equality of law between men and women of burkina faso; searching [for] the economic and political integration with the other peoples of africa with a view to the construction of a federative unity of africa; subscribing to the universal declaration of the rights of man of 1948 and to the international instruments concerning economic, political, social and cultural problems; reaffirming solemnly our commitment vis-a-vis the african charter of the rights of man and of peoples of 1981; considering our attachment to the democratic values and principles as inscribed in the african charter of democracy, of elections and of governance of 30 january 2007 and in the protocol a/sp1/12/01 of 21 december 2001 of ecowas [cede40, communauté économic des états de l'afrique de l'ouest] on democracy and good governance; desirous to promote peace, international cooperation, the peaceful resolution of differences between states, with justice, equality, liberty and the sovereignty of peoples; conscious of the absolute necessity to protect the environment; approve and adopt this constitution of which this preamble is made an integral part. title i. of the fundamental rights and duties chapter i. of civil rights and duties article 1 all the burkinabè are born free and equal in rights. all have an equal vocation to enjoy all the rights and all the freedoms guaranteed by this constitution. discrimination of all sorts, notably those founded on race, ethnicity, region, color, sex, language, religion, caste, political opinions, wealth and birth, are prohibited. article 2 the protection of life, security, and physical integrity are guaranteed. slavery, slavery-like practices, inhuman and cruel, degrading and humiliating treatments, physical or moral torture, services and mistreatments inflicted on children and all forms of the degradation of man[,] are forbidden and punished by the law. article 3 no one may be deprived of his liberty if he is not prosecuted for acts specified and punishable by the law. no one may only be arrested, detained, deported or exiled by virtue of the law. article 4 all burkinabè and all persons living in burkina faso benefit from an equal protection of the law. all have the right to have their case heard by an independent and impartial jurisdiction. any accused is presumed innocent until his guilt has been established. the right to a defense, including that of freely choosing one's defender is guaranteed before all the jurisdictions. article 5 anything which is not forbidden by the law may not be hindered and no one can be constrained to do that which [the law] does not order. the penal law does not have retroactive effect. one may only be judged and punished by virtue of a law promulgated and published prior to the punishable act. punishment is personal and individual. article 6 the residence, the domicile, private and family life, [and] the secrecy of correspondence of every person, are inviolable. it can only be infringed according to the forms and in the cases specified by the law. article 7 the freedom of belief, of non-belief, of conscience, of religious opinion, [of] philosophy, of exercise of belief, the freedom of assembly, the free practice of custom as well as the freedom of procession and of demonstration, are guaranteed by this constitution, under reserve of respect for the law, for public order, for good morals and for the human person. article 8 the freedoms of opinion, of the press and the right to information are guaranteed. every person has the right to express and to disseminate his opinions within the order of the laws and regulations in force. article 9 the free circulation of persons and of assets, the free choice of residence and the right of asylum, are guaranteed within the order of the laws and regulations in force. article 10 every burkinabè citizen has the duty to participate in the defense and in the maintenance of the territorial integrity. he is required to fulfill national service when it is required of him. chapter ii. of political rights and duties article 11 all burkinabè enjoy civil and political rights within the conditions specified by the law. article 12 all the burkinabè without any distinction, have the right to participate in the conduct of the affairs of the state and of society. in this capacity, they are electors and eligible within the conditions specified by the law. article 13 the political parties and formations create themselves freely. they participate in the activity of political life, in the information and the education of the people as well as in the expression of suffrage. they conduct their activities freely within respect for the laws. all the political parties or formations are equal in rights and in duties. however, tribalist, regionalist, denominational, or racist political parties or formations are not authorized. article 13.1 independent candidacies are admitted for all the elections. chapter iii. of economic rights and duties article 14 the natural wealth and resources belong to the people. they are utilized for the amelioration of their conditions of life and within the respect for sustainable development. article 15 the right of property is guaranteed. it may not be exercised contrary to social utility or in a manner which results in prejudice to the security, to liberty, to existence or to the property of others. it can only be infringed the in case of public necessity declared in the legal forms. no one will be deprived of their possessions if it is not for [a] cause of public utility and under the condition of a just indemnity established conforming to the law. this indemnity must be prior to the expropriation, except in case of urgency or of force majeure. article 16 the freedom of enterprise is guaranteed within the order of the laws and regulations in force. article 17 the duty to fulfill one's fiscal obligations conforming to the law is imposed on each one. chapter iv. of social and cultural rights and duties article 18 education, potable water and sanitation, instruction, [professional] training [formation], social security, housing, energy, sport, leisure, health, protection of maternity and of infancy, assistance to the aged persons, to the persons living with a handicap and [those] in social cases, [and] artistic and scientific creation, constitute the social and cultural rights recognized by this constitution which sees to their promotion. article 19 the right to work is recognized and is equal for all. it is prohibited to discriminate in matters of employment and of remuneration founded notably on sex, color, social origin, ethnicity or political opinion. article 20 the state sees to the constant amelioration of the conditions of work and to the protection of the worker. article 21 the freedom of association is guaranteed. every person has the right to constitute associations and to participate freely in the activities of the associations created. the functioning of the associations must conform to the laws and regulations in force. the syndical freedom is guaranteed. the unions exercise their activities without constraint and without limitation other than those specified by the law. article 22 the right to strike is guaranteed. it is exercised conforming to the laws in force. article 23 the family is the basic unit of society. the state has the duty to protect it. marriage is founded on the free consent of the man and of the woman. all discrimination based on race, color, religion, ethnicity, caste, social origin, [and] fortune, is forbidden in matters of marriage. children are equal in rights and in duties in their familial relations. the parents have the natural right and the duty to raise and to educate their children. these must give them respect and assistance. article 24 the state works to promote the rights of the child. article 25 the right to transmit one's assets by inheritance or gift is recognized conforming to the laws and regulations in force. article 26 the right to health is recognized. the state works to promote it. article 27 every citizen has the right to instruction. public education is secular. private education is recognized. the law establishes the conditions of its exercise. article 28 the law guarantees intellectual property. the freedom of creation and [of] artistic, scientific and technical works, are protected by the law. the manifestation of cultural, intellectual, artistic and scientific activity is free and is exercised conforming to the texts in force. article 29 the right to a healthy environment is recognized; the protection, the defense and the promotion of the environment are a duty for all. article 30 every citizen has the right to initiate an action or participate in a collective action under the form of petition against the acts: harming the public patrimony; harming the interests of the social communities; infringing the environment or the cultural or historic patrimony. title ii. of the state and of national sovereignty article 31 burkina faso is a democratic, unitary and secular state. faso is the republican form of the state. article 32 national sovereignty belongs to the people who exercise it under the conditions specified by this constitution and by the law. article 33 suffrage is direct or indirect and exercised under the conditions specified by the law. direct suffrage is always universal, equal and secret. article 34 the symbols of the nation are constituted by an emblem, by a coat-of-arms, by an anthem and by a motto. the emblem is the tri-colored flag of rectangular and horizontal form, red and green with, in its center, a yellow-gold star of five points. the law determines the coat-of-arms as well as the signification of its constituent elements. the national anthem is the di-taa-niyè, chant of victory, [and] of salvation. the motto is: unite -progres -justice [unity -progress -justice]. article 35 the official language is french. the law establishes the modalities of the promotion and of the official use of the national languages. title iii. of the president of faso article 36 the president of faso is the head of the state. he sees to the respect of the constitution. he establishes the principal orientations of the policy of the state. he incarnates and assures the national unity. he is the guarantor of the national independence, of the integrity of the territory, of the permanence and of the continuity of the state, [and] of respect for agreements and treaties. article 37 the president of faso is elected by universal, direct, equal and secret suffrage for a mandate of five years. he is re-eligible one sole time. in no case, no one may exercise more than two mandates of president of faso consecutively or intermittently. article 38 every candidate to the functions of president of faso must be burkinabè by birth, be thirty-five years of age at least and of seventy-five years [of age] at most at the date of deposit of his candidature[,] and meeting the conditions required by the law. article 39 the president of faso is elected by the absolute majority of the suffrage expressed. if this majority is not obtained in the first round of the ballot, it proceeds fifteen (15) days later to a second round. only the two candidates can present themselves who, as the case may be, after withdrawal of the less favored candidates, are found to have received the greatest number of votes at the first round; the president of faso is then elected by simple majority. article 40 the elections are set twenty-one days at least and forty days at most before the expiration of the mandate of the president in office. article 41 the law determines the procedure, the conditions of eligibility and of presentation of the candidatures to the presidential elections, of the conduct of the ballot, of the counting and of the proclamation of the results. it specifies all the provisions required so that the elections will be free, honest and regular. article 42 the functions of the president of faso are incompatible with the exercise of all other elective mandate of national level, of any public employment and of any professional activity. the provisions of articles 72, 73, 74 and 75 of this constitution are applicable to the president of faso. article 43 while the president of faso is incapacitated in a temporary manner [fagon] from fulfilling his functions, his powers are provisionally exercised by the prime minister. in case of vacancy of the presidency of faso for any cause that may be, or of absolute or definitive incapacity declared by the constitutional council, referred to [the matter] by the government, the functions of the president of faso are exercised by the president of the national assembly. it proceeds to the election of a new president for a new period of five years. the election of the new president takes place sixty days at least and ninety days at most after [the] official declaration of the vacancy or of the definitive character of the incapacity. in all cases, application may not be made of articles 46, 49, 50, 59, and 161 of this constitution during the vacancy of the presidency. article 44 before entering into [his] functions, the president elected swears before the constitutional council the following oath: "i swear before the burkinabè people and on my honor to preserve, to respect, to have respected and to defend the constitution and the laws, and to implement it to guarantee justice to all the inhabitants of burkina faso." in the course of the ceremony of investiture, the president of the constitutional council receives the written declaration of the assets of the president of faso. the president of the constitutional council transmits [a] copy of the said [ladite] declaration to the superior authority of control of state and of combat [lutte/struggle] against corruption within a time period of seven days. this declaration is published in the journal officiel [official gazette] within a time period of fifteen days. article 45 the law establishes the civil list of service to the president of faso. the law organizes the service of a pension in favor of former presidents. article 46 the president of faso appoints the prime minister from among the majority of the national assembly and terminates his functions, either on the presentation by him of his resignation, or on his own authority [chef] in the superior interest of the nation. on the proposal of the prime minister, he appoints the other members of the government and terminates their functions. article 47 the president of faso presides over the council of ministers. the prime minister substitutes for him with the conditions established by this constitution. article 48 the president of faso promulgates the law within the twenty-one days which follow the transmission of the text definitively adopted. this time period is reduced to eight days in case of urgency declared by the national assembly. the president of faso can, during the time period of promulgation, demand a second reading of the law or of certain of its articles; the demand may not be refused. this procedure suspends the time periods of promulgation. in default of promulgation within the time periods required, the law enters automatically into force following [the] declaration of the constitutional council referred to [the matter] to that effect. article 49 the president of faso can, after [the] opinion of the prime minister and of the president of the national assembly, submit to referendum any bill of the law that he deems [as] requiring direct consultation of the people with the exception of any revision of this constitution which is still governed by the procedure specified in tile xv. in [the] case of the adoption of the said law, it proceeds to its promulgation in the time periods specified in article 48. article 50 the president of faso can, after consultation of the prime minister and of the president of the national assembly, declare the dissolution of the national assembly. in [the] case of dissolution, the legislative elections take place sixty days at least and ninety days at most after the dissolution. it may not proceed to a new dissolution in the year which follows these elections. the dissolved national assembly may not meet. however, the mandate of the deputies only expires at the date of validation of the mandate of the members of the new national assembly. article 51 the president of faso communicates with the national assembly, either in person, or by the messages which he has read by the president of the national assembly and which do not give rise to any debate. out of session, the national assembly meets specially to this effect. article 52 the president of faso is the supreme head of the national armed forces; in this capacity, he presides over the superior council of defense. he appoints the major general head of state of the armies. article 53 the president of faso communicates with the superior council of the magistrature, either in person, or by the messages which he has read by the president of the superior council of the magistrature. article 54 the president of faso exercises the right of pardon. he proposes the laws of amnesty. article 55 the president of faso appoints to the offices [emplois] of the high civil and military administration[,] as well as in the societies and enterprises of strategic character determined by the law. he appoints the ambassadors and the extraordinary envoys to foreign countries and to international organizations. the foreign ambassadors and extraordinary envoys are accredited to him. he appoints the grand chancellor of the order burkinabè [grand chancelier des ordres burkinabè]. a law determines the functions or offices for which the power of appointment of the president of faso is exercised after [the] opinion of the national assembly as well as the modalities and effects of this consultation. article 56 the law determines the other offices which he provides for in the council of ministers, as well as the conditions in which the powers of appointment of the president are exercised. article 57 the acts of the president of faso other than those specified in articles 46, 49, 50, 54 and 59 are countersigned by the prime minister, as the case may be, by the concerned ministers. article 58 the president of faso decrees, after deliberation in the council of ministers, the state of siege and the state of urgency. article 59 when the institutions of faso, the independence of the nation, the integrity of its territory or the execution of its obligations are menaced in a grave and immediate manner and/or that the regular functioning of the public constitutional powers is interrupted, the president of faso takes, after deliberation in the council of ministers, after official consultation of the presidents of the national assembly and of the constitutional council, the measures required by the circumstances. he informs the nation of it by a message. in no case, may he make an appeal to foreign armed forces to intervene in an internal conflict. the national assembly may not be dissolved during the exercise of exceptional powers. article 60 the president of faso can delegate certain of his powers to the prime minister. title iv. of the government article 61 the government is an organ of the executive. it conducts the policy of the nation; in this capacity, it is obligatorily referred to [matters]: of drafts of international agreements; of bills and proposals of law; of drafts of regulatory texts. it [has at its] disposal the administration and the forces of defense and of security. article 62 the government is responsible before the national assembly in the conditions and following the procedures specified by this constitution. article 63 the prime minister is the head of the government; in this capacity, he directs and coordinates the governmental action. he is responsible for the implementation of the policy of national defense defined by the president of faso. he exercises the regulatory power conforming to the law, assures the implementation of the laws, appoints to civil and military offices other than those relevant to the competence of the president of faso. in the thirty days which follow his appointment, the prime minister makes a declaration of general policy before the national assembly. this declaration is followed by debates and gives rise to a vote. the adoption of this declaration validates [vaut] investiture. if the declaration of general policy does not receive the absolute majority of the members composing the national assembly, the president of faso terminates the functions of the prime minister within a time of eight days. he appoints a new prime minister in accordance with the provisions of article 46 above. article 64 the prime minister assures the presidency of the council of ministers by delegation and for a specific agenda. article 65 the prime minister determines the attributions of the members of the government. these attributions are established by decree taken in the council of ministers. article 66 the acts of the prime minister are, as the case may be, countersigned by the members of the government responsible for their implementation. article 67 the prime minister can delegate certain of his powers to members of the government. article 68 the members of the government are responsible for the management of their respective departments before the prime minister. they are jointly responsible for the decisions of the council of ministers. article 69 any vacancy of the post of prime minister automatically terminates the functions of the other members of the government. in this case, the latter expedite the current affairs until the formation of a new government. article 70 the functions of a member of the government are incompatible with the exercise of any parliamentary mandate, of any remunerated professional activity and of any function of professional representation. however, the exercise of functions of professional representation of international character is possible with the prior agreement of the government. article 71 every person appointed to exercise ministerial functions obligatorily benefits from a leave of absence or from a suspension of contract of work[,] according to the case. article 72 the members of the government must not expose themselves to any situation susceptible of creating conflicts between the duties of their functions and their private interests. article 73 during the term of their functions, the members of the government may not directly or indirectly buy or lease anything which belongs to the domain of the state. the law will specify the cases where this provision can be derogated. they may not take part in sales [marchés] and in adjudications held by the administration or by the institutions corresponding to the state or submitted to its control. article 74 no member of government may make a profit through his position, or make use of[,] directly or indirectly for personal ends[,] information that is communicated to him. article 75 the provisions of article 73 remain applicable for members of the government during the six months which follow the cessation of their functions. those of article 74 remain applicable during the two years which follow the cessation of their functions. article 76 each member of the government is responsible before the high court of justice for the crimes and misdemeanors committed by him during the exercise of his functions. article 77 on their entry into their functions and to the end of their exercise, the members of the government are required to provide a list of their assets to the constitutional council. this obligation extends to all the presidents of the institutions consecrated by the constitution, as well as to other persons of distinction [concerning] which the list is determined by the law. title v. of the parliament article 78 the parliament consists of one sole chamber denominated [the] "national assembly". article 79 the members of the national assembly have the title of "deputy". article 80 the deputies are elected by direct, equal and secret universal suffrage. they exercise the legislative power. every person elected deputy must benefit[,] the case arising, from a leave of absence or from a suspension of contract[,] as the case may be. article 81 the duration of the legislature is of five years. however, by derogation of the paragraph above and in the case of force majeure or of necessity expressed by the national assembly with the absolute majority of the deputies, the duration of the legislature may be prorogued until the validation of the mandate of the deputies of the new legislature. no extension may surpass a duration of one year. article 82 the law determines: the electoral circumscriptions; the number of seats and their divisions by circumscriptions; the modes of the ballot; the conditions of election and of replacement by new elections in the case of vacancy of [a] seat, as well as the regime of the ineligibilities and of the incompatibilities; the status of the deputies and the amount of their indemnities. article 83 it may not proceed to partial elections in the last third of the legislature. article 84 the national assembly votes the law, consents to taxation and controls the action of the government conforming to the provisions of this constitution. article 85 each deputy is the representative of the nation. any imperative mandate is null. however, any deputy who freely resigns from his party or from his political formation or who loses his status [as an] independent notably by becoming [a] member of a political party or formation is deprived of his mandate. it proceeds to his replacement in accordance with the law. all the deputies have deliberative voice. the right to vote of the deputies is personal. however, the delegation of the vote is permitted when the absence of a deputy is justified. no one may validly receive for a given [donné] ballot more than one delegation of [the] vote. article 86 the national assembly proclaims the validity of the election of its members[,] notwithstanding the control of regularity exercised by the constitutional council. it establishes its regulations. article 87 the national assembly meets of plain right each year in two ordinary sessions on the convocation of its president. the duration of each shall not exceed ninety days. the first session opens the first wednesday of the month of march and the second the last wednesday of the month of september. if the first wednesday of march or the last wednesday of september is a holiday, the session opens the first working day possible which follows. article 88 the national assembly meets in extraordinary session on convocation of its president, at the demand of the prime minister or of the absolute majority of the deputies on a specific agenda. the extraordinary session is closed on completion of the agenda. article 89 the sittings of the national assembly are public. however, in case of need and at the demand of the prime minister or of a third of the deputies, the national assembly may be held in closed [session]. article 90 except [in the] case of force majeure declared by the constitutional council, the deliberations of the national assembly are valid only if they have taken place at its seat [à son siège]. article 91 the national assembly is directed by a president assisted by a bureau. the president of the national assembly is elected, by the absolute majority of the members of the national assembly in the first round or by the simple majority at the second round, for the duration of the legislature. he is re-eligible one sole time. in no case, may one exercise more than two mandates of president of the national assembly, consecutively or intermittently. the members of the bureau are elected for one year renewable. however, their functions can be terminated during the course of the legislature at the demand of two-fifths[,] and after a vote of the absolute majority[,] of the members of the national assembly. by absolute majority [it] is understood [to mean] more than half of the votes [voix]. article 92 in case of vacancy of the presidency of the national assembly by death, resignation or for any other cause, the national assembly elects, within the conditions established in article 91, a new president within the fifteen days following the vacancy if it is in session. in the contrary case, it meets in extraordinary session within the conditions established by the regulations. article 93 the national assembly enjoys financial autonomy. the president of the national assembly manages the credits which are allotted to him for his functioning. the president is responsible for this management before the national assembly. it can dismiss him by a majority of three-fifths for incompetence [faute lourde] in his management. article 94 every deputy appointed to high functions is replaced by a substitute. the list of the high functions is determined by the law. if he ceases to exercise his functions at the latest before the end of the [first] half of the legislature, he can retake his seat; beyond this date, he may only retake it in case of vacancy of the seat by the death or resignation of the substitute. article 95 no deputy may be prosecuted, investigated, arrested, detained or judged for reason of the opinions or votes emitted by him during the exercise or on the occasion of the exercise of his functions. article 96 except in the case of flagrante delicto, a deputy may only be prosecuted or arrested in a penal or criminal matter with the authorization of at least one-third of the members of the national assembly during the sessions or of the bureau of the national assembly when out of sessions. article 96.1 the parliamentary opposition has the right, once a year, to introduce a bill of resolution in view of the creation of a parliamentary commission of inquiry and to preside over it. this parliamentary commission of inquiry is open to the members of the other parliamentary groups. the procedure and the conditions of creation of the said [ladite] parliamentary commission of inquiry are governed by the regulations of the national assembly. title vi. of the respective domains of the law and of regulation article 97 the law is a deliberation, regularly promulgated[,] of the national assembly. the law to which the constitution confers the organic character is a deliberation of the national assembly having for its object the organization or the functioning of the institutions. it is voted by the absolute majority and promulgated after declaration of its conformity with the constitution by the constitutional council. the law relative to the laws of finance is a law of organic character. the initiative of law belongs concurrently to the deputies and to the government. the drafts of texts emanating from the deputies are called "proposals of law" [propositions de loi] and those emanating from the government "bills of law" [projets de loi]. the proposals and bills of law are deliberated in the council of ministers before their deposit with the bureau of the national assembly. article 98 the people exercise the initiative of law by way [voie] of petition constituting a proposal[,] written and signed by at least fifteen thousand persons having the right to vote under the conditions specified by the law. the petition is deposited with the bureau of the national assembly. the right of amendment belongs to the deputies and to the government whatever the origin of the text may be. article 99 the ordinance is an act signed by the president of faso, after deliberation of the council of ministers, within the domains reserved to the law and in the cases specified in articles 103, 107 and 119 of this constitution. it enters into force on its publication. article 100 the simple decree is an act signed by the president of faso or by the prime minister and countersigned by one or more competent members of the government. the decree in the council of ministers is an act signed by the president of faso and by the prime minister after the opinion of the council of ministers: it is countersigned by one or more competent members of the government. article 101 the law establishes the rules concerning: citizenship, civic rights and the exercise of the public freedoms; constraints arising from the necessities of the national defense; nationality, the state and capacity of persons, the matrimonial regimes; inheritance and gifts; the procedure according to which custom may be asserted and harmonized with the fundamental principles of the constitution; the promotion of gender; the determination of crimes and misdemeanors, as well as the penalties which are applicable to them, the penal procedure, [and] amnesty; the organization of judicial and administrative tribunals and the procedure before these jurisdictions, the status of the magistrates, [and] of the ministerial and auxiliary officers of justice; the basis, the rate and the modalities of collecting taxes of all kinds; the regime of the issuance of money; the credits and financial engagements of the state; the electoral regime of the national assembly and of the local assemblies; the nationalization of enterprises and the transfers of property of enterprises of the public sector to the private sector; the creation of categories of public establishments; the state of siege and the state of urgency. the electoral circumscriptions; the number of seat and their allocation; the mode of the ballot; the conditions of election and of replacement by new elections in case of vacancy of [a] seat, as well as the regime of the ineligibility and of the incompatibilities; the status of the deputies and the amount of their indemnities. the law determines the fundamental principles: of the protection and of the promotion of the enviromnent and of sustainable development; of the drafting [elaboration], of the execution and of the review of the national plans and programs of development; of the protection and of the exercise of the freedom of the press; of the general organization of the administration; of the general status of the public function; of the organization of the national defense; of education [enseignement] and of scientific research; of the integration of the national cultural values; of the regime of property, of the rights of real property and of civil and commercial obligations; of the right to work, of the syndical right, and of the social institutions; of the alienation and of the management of the domain of the state; of the penitentiary regime; of insurance and of savings; of the organization of production; of the regime of transportation and communications; of the free administration of the territorial collectivities, of their competences and of their resources. article 102 the law of finance determines, for each year, the resources and the obligations of the state. the bill of the law of finance must specify the receipts necessary for the integral coverage of expenses. article 103 the national assembly votes the bills of law of finance and the bills of law of regulations in accordance with the conditions provided for by the law. the national assembly is referred to [the matter] of the bill of the law of finance at the opening of the second ordinary session. the provisions of the bill can be put into force by ordinance if the national assembly has not decided at the latest on the date of cloture of the session and only if the budgetary year is about to expire. in this case, the government convokes an extraordinary session, in order to demand the ratification. if the budget is not voted at the end of the extraordinary session, it is definitively established by ordinance. if the bill of the law of finance has not been dealt with in a timely fashion [temps utile] to be voted and promulgated before the beginning of the fiscal year [exercice], the prime minister demands of urgency of the national assembly the authorization to restore the budget of the preceding year by provisional twelfths. article 104 in the course of the execution of the budget, when the circumstances require it, the government proposes to the parliament, the adoption of rectifying laws of finance. article 105 the national assembly regulates the accounts of the nation according to the modalities specified by the law of finance. it is, to this effect, assisted by the court of accounts which is responsible for all inquiries and studies concerning the collection [recouvrement] of the [public] receipts and the execution of the public expenses, or the management of the national treasury, of the territorial collectivities, of the administrations or institutions arising from the state or submitted to its control. article 106 the national assembly meets of plain right in the case of [a] state of siege, if it is not in session. the state of siege can only be extended more than fifteen days with the authorization of the national assembly. the declaration of war and the sending of military contingents or observers abroad are authorized by the national assembly. article 107 the government can, for the execution of its programs, demand of the national assembly the authorization to take by ordinance, for a limited time period, measures which are normally of the domain of the law. the ordinances are taken in the council of ministers after the opinion of the constitutional council. they enter into force on their publication, but become lapsed if the bill of law of ratification is not deposited with the national assembly before the date established by the enabling law [loi d'habilitation]. on the expiration of the time period mentioned in the first paragraph of this article, the ordinances may only be modified by the law in those of their provisions which are of the legislative domain. article 108 the matters other than those corresponding to the domain of the law have a regulatory character. title vii. of the relations between the government and the parliament article 109 the prime minister has access to the national assembly. he can give responsibility to [charger] a member of the government of representation before the national assembly; the prime minister can be assisted, in the course of the debates or in commission, by the members of the government, [by] counselors or experts of his choice. the prime minister presents directly to the deputies the state [situation] of the nation on the opening of the first session of the national assembly. this presentation is followed by debate and does not give rise to any vote. article 110 the members of the government have access to the national assembly, to its commissions and consultative organs. they can be assisted by counselors or experts. article 111 during the sessions, at least one sitting per week is reserved to the questions of the deputies and to the responses of the government. the national assembly can address to the government questions on current events, written questions, [or] oral questions, with or without debate. the oral questions and the [questions] on current events focusing on the general policy of the government are posed to the prime minister who responds to them. he may not be represented [by another person]. article 112 the government deposits the bills of law before the national assembly within the conditions provided for by the law. it presents and defends before it the governmental policy, the budget of the state, [and] the plans of economic and social development of the nation. in accordance with the law, the government participates in the debates concerning the orientation, the legitimacy, the merit [bien-fondie] and the effectiveness of the policy of the government. article 113 the government is required to furnish to the national assembly all explanations which are demanded of it on its management and on its acts. the national assembly may constitute parliamentary commissions of inquiry. article 114 the reciprocal relations of the national assembly and of the government are expressed equally by: the motion of censure; the question of confidence; the dissolution of the national assembly; the procedure of parliamentary discussion. article 115 the national assembly can present a motion of censure with regard to the government. the motion of censure is signed by at least one-third of the deputies. to be adopted, it must be voted by an absolute majority of the members composing the assembly. in case of rejection of the motion of censure, its signatories may not present another before the time period of one year. article 116 the prime minister can, after deliberation of the council of ministers, engage before the national assembly the responsibility of the government on a program or on a declaration of general policy. the confidence in the government is refused if the text presented does not receive the absolute majority of the votes of the members composing the assembly. the vote on the question of confidence may not take place less than forty-eight hours after the deposit of the text. the prime minister can, after deliberation of the council of ministers, engage the responsibility of the government before the assembly on the adoption of a text. in this case, this text is considered adopted except if a motion of censure, deposited within the twenty-four hours which follow, is adopted in the conditions specified in the paragraphs above. article 117 if the motion of censure is voted or confidence is refused, the president of faso terminates, within a time period of eight days, the functions of the prime minster. he appoints a new prime minister according to the procedure specified in article 46. article 118 the agenda of the national assembly consists notably of the discussion of the popular petitions, of the bills of law deposited by the government and of the proposals of law accepted by it. nevertheless, any proposal of law can be discussed two months after its submission to the government without application of the preceding paragraph having been made, or of articles 121 and 122 of this constitution. the inscription, by priority, in the agenda of the national assembly, of a bill or of a proposal of law or of a declaration of general policy, is of right if the president of faso or the prime minister makes the demand for it. article 119 in case of urgency declared by the government, the national assembly must decide on the bills of law within a time period of fifteen days. this time period is extended [porte] to forty days for the law of finance. if at the expiration of the time period no vote has been taken [intervenu], the bill of law is promulgated unchanged [en l'tat], on proposal of the prime minister by the president of faso, in the form of an ordinance. article 120 the proposals and amendments concerning the law of finance deposited by the members of the national assembly are irreceivable when their adoption would have as a consequence, either a diminution of public resources, or the creation or the increase [aggravation] of a public expense [charge], unless they should be accompanied by a proposal for augmentation of receipts or of equivalent economies. article 121 if the government demands it, the national assembly decides by a single vote on all or part of a text in discussion retaining in it only the amendments proposed or accepted by it. article 122 when the national assembly has referred [confie] the examination of a draft of a text to a commission, the government can, after the opening of the debates, oppose the examination of any amendment which has not been preliminarily submitted to this commission. article 123 the proposals of law and the amendments which are not of the domain of the law are irreceivable. the irreceivability is decided by the president of the national assembly. in case of dispute, the constitutional council, on referral [saisine] of the prime minister or of the president of the national assembly, decides with a time period of eight days. title viii. of the judicial power article 124 the judicial power is confided in the judges; it is exercised on all the territory of burkina faso by the jurisdictions of the judicial order and of the administrative order determined by the law. article 125 the judicial power is the guardian of the individual and collective liberties. it sees to the respect for the rights and freedoms defined in this constitution. article 126 the jurisdictions of the judicial order and of the administrative order of burkina faso are: the court of cassation; the council of state; the court of accounts; the tribunal of conflicts; the courts and the tribunals instituted by the law; these jurisdictions apply the law in force. article 127 the court of cassation is the superior jurisdiction of the judicial order. the council of state is the superior jurisdiction of the administrative order. the court of accounts is the superior jurisdiction of control of the public finances. the tribunal of conflicts is the jurisdiction of regulation of the conflicts of competence between the jurisdictions. an organic law establishes the composition, the organization, the attributions, [and] the functioning of these jurisdictions, as well as the procedure applicable before them. article 128 the law establishes the seat, the jurisdiction, the competence and the composition of courts and of the tribunals. article 129 the judicial power is independent. article 130 the presiding magistrates [magistrates du siege] are only submitted[,] in the exercise of their functions[,] to the authority of the law. they are not removable. the prosecuting magistrates [magistrates du parquet] are submitted to the law and to the authority of the heads of prosecution [chefs de parquet]. they are appointed and assigned within the same conditions as the presiding magistrates. article 131 the president of faso is the guarantor of the independence of the judicial power. as such, he presides over[,] each year, in the course of the month of november, a meeting [rencontre] with the members of the superior council of the magistrature to discuss the questions related to the re-enforcement of the independence of the judicial power. an extraordinary meeting may always be held as need be. article 132 the first president of the court of cassation is the president of the superior council of the magistrature. the first president of the council of state is [its] vice president. article 133 the superior council of the magistrature gives its opinion on any question concerning the independence of the magistrature and on the exercise of the right of pardon. an organic law establishes the organization, the composition, the attributions and the functioning of the superior council of the magistrature. article 134 the superior council of the magistrature decides on the appointments and on the assignments of the magistrates. article 135 an organic law establishes the status of the magistrature with respect for the principles contained in this constitution. it provides for and organizes the guarantees and the independence of the magistrature. article 136 hearings in all the courts and in all the tribunals are public. the closed hearing is only allowed in the cases defined by the law. the decisions of the jurisdictions are substantiated, except in the cases where the law provides otherwise for it. title ix. of the high court of justice article 137 a high court of justice is instituted. the high court of justice is composed of deputies that the national assembly elects after each general renewal, as well as the magistrates designated by the president of the court of cassation. it elects its president from among its members. the law establishes its composition, the rules of its functioning and the procedure applicable before it. article 138 the high court of justice is competent to take cognizance of the acts committed by the president of faso in the exercise of his functions and constituting high treason, of infringing the constitution or of misappropriation of public funds. the high court of justice is equally competent to judge the members of government for reason of acts qualified as crimes or misdemeanors committed in the exercise or on the occasion of the exercise of their functions. in all other cases, they remain justiciable by the jurisdictions of common law and of the other jurisdictions. article 139 the impeachment of the president of faso is voted by a majority of four-fifths of the votes of the deputies composing the assembly. that of the members of the government is voted by a majority of two-thirds of the votes of the deputies composing the assembly. article 140 the high court of justice is constrained by the definition of crimes and misdemeanors and by the determination of the resultant punishments of the criminal laws in force at the time when the acts were committed. title x. of the economic and social council and of the organs of control article 141 a consultative organ denominated the economic and social council (ces), is instituted. the economic and social council is charged to give its opinion on the questions of economic, social or cultural character brought to its attention by the president of faso or the government. it may be consulted on any draft of [a] plan or of [a] program of economic, social or cultural character. the economic and social council can equally proceed to an analysis of any problem of economic and social development. it submits its conclusion to the president of faso or to the government. the economic and social council may designate one of its members[,] on the demand of the president of faso or of the government, to present before these organs, the opinion of the council on the questions which have been submitted to it. an organic law establishes the composition, the organization and the functioning of the economic and social council. article 142 the organs of control are created by the law. their competence concerns question of economic, social and cultural character of national interest. the composition, the attributions and the functioning of these organs of control are established by the law. title xi. of the territorial collectivities article 143 burkina faso is organized in territorial collectivities. article 144 the creation, the elimination, and the division of territorial collectivities is the resort of the law. article 145 the law organizes the democratic participation of the populations in the free administration of the territorial collectivities. title xii. of african unity article 146 burkina faso may conclude with any african state agreements of association or of community implying a total or partial abandonment of sovereignty. article 147 the agreements consecrating the entry of burkina faso into a confederation, a federation or a union of african states are submitted to the approval of the people by referendum. title xiii. of treaties and international agreements article 148 the president of faso negotiates, signs and ratifies the international treaties and agreements. article 149 peace treaties, the treaties of commerce, the treaties which engage the finances of the state, those which modify the provisions of legislative nature, [and] those that concern the state of persons, can only be ratified or approved by virtue of law. they can only take effect after having been ratified or approved. article 150 if the constitutional council, referred to [the matter] conforming to article 157, has declared that an international commitment contains a provision contrary to the constitution, the authorization to ratify it or to approve it can only take place after the revision of the constitution. article 151 the treaties and agreements regularly ratified or approved have, on their publication, an authority superior to that of the laws, under reserve, for each agreement or treaty, of its application by the other party. title xiv. of the constitutional council article 152 the constitutional council is the institution competent in constitutional and electoral matters. it is charged to decide on the constitutionality of the laws, of the ordinances as well as the conformity of the international treaties and agreements with the constitution. it interprets the provisions of the constitution. it controls the regularity, the transparency and the sincerity of the referendum, of the presidential elections, legislative [elections] and is the judge of electoral disputes. it proclaims the definitive results of the referendum, [and] of the presidential and legislative elections. the control of the regularity and of the transparency of local elections corresponds to the competence of the administrative tribunals. the proclamation of the definitive results of these elections corresponds to the competence of the council of state. article 153 in addition to its president, the constitutional council consists of: three magistrates of exceptional grade appointed by the president of faso on proposal of the minister of justice; three persons of distinction [personnalitts] appointed by the president of faso having at least one jurist; three persons of distinction appointed by the president of the national assembly having at least one jurist. the president of the constitutional council is appointed by the president of faso. the members of the constitutional council are appointed for a sole [unique] mandate of nine years. however, they are renewable by thirds every three years within the conditions established by the law except for the president of the constitutional council. the functions of member of the constitutional council are incompatible with those of a member of the government or of the national assembly. the other incompatibilities are established by the law. article 154 the constitutional council sees to the regularity of the presidential elections. it examines the complaints and proclaims the results of the ballot. the constitutional council decides, in case of dispute, on the regularity of the election or of the appointment of the members of the national assembly. in electoral matters, the constitutional council can be referred to [a matter] by any interested candidate. it sees to the regularity of the operations of the referendum and proclaims the results of it. the constitutional council sees to respect for the procedure of revision of the constitution. article 155 the organic laws and the regulations of the national assembly, before their promulgation or their entry into application[,] must be submitted to the constitutional council. to the same ends, the ordinary laws and the treaties submitted to the procedure of ratification, may be deferred to the constitutional council, before their promulgation. article 156 the constitutional council is also charged with the control of respect[,] by the political parties, for the provisions of article 13 paragraph 5 of this constitution. article 157 the constitutional council is referred to [a matter] by: the president of faso; the prime minister; the president of the national assembly; one-tenth at least of the members of the national assembly. in addition, any citizen may refer [a matter] to the constitutional council concerning the constitutionality of the laws, either directly, or through the procedure of the pleadings [exception] of unconstitutionality invoked in a matter [affaire] which concerns them before a jurisdiction. this must postpone [the matter] until the decision of the constitutional council which must intervene within a maximum period of time of thirty days counting from its referral [to the matter]. the constitutional council can refer itself to any questions relative to its competence[,] if it judges it necessary. article 158 the referral of the constitutional council to [a matter] suspends the time period of the promulgation of the texts which are deferred to it. article 159 a provision declared unconstitutional may not be promulgated or implemented. the decisions of the constitutional council are not susceptible to any recourse. they impose themselves on the public powers and on all the administrative and jurisdictional authorities. article 160 an organic law establishes the organization and the functioning of the constitutional council and determines the procedure applicable before it. title xivbis. of the mediator of faso article 160.1 a gratuitous intercessory organ between the public administration and the citizens denominated the mediator of faso[,] is instituted. the president of faso appoints the mediator of faso. article 160.2 an organic law establishes the attributions, the organization and the functioning of the mediator of faso. title xivter. of the superior council of communication article 160.3 an independent administrative authority of regulation of communication to the public denominated [the] superior council of communication[,] abbreviated (csc), is instituted. article 160.4 an organic law establishes the attributions, the composition, the organization and the functioning of the superior council of communication. title xivquater. of the superior authority of control of the state and of combat against corruption article 160.5 an organ of control denominated [the] superior authority of control of the state and of combat against corruption abbreviated "asce-lc", is instituted. the superior authority of control of the state and of combat against corruption is the supreme organ of administrative control and of combat against corruption. it constitutes the interface between the actors engaged in the combat against corruption and the state authorities [autorités étatiques]. this organ of control has the status of independent administrative authority. it is endowed with financial autonomy. article 160.6 an organic law establishes the attributions, the composition, the organization and the functioning of the superior authority of control of the state and of combat against corruption. title xv. of revision article 161 the initiative of the revision of the constitution belongs concurrently: to the president of faso; to the members of the national assembly with the majority; to the people when a function of at least thirty thousand persons having the right to vote, introduces before the national assembly a petition constituting a written and signed proposal. article 162 the law establishes the conditions of the implementation of the procedure of revision. article 163 the bill of revision is, in every case, submitted preliminarily to the evaluation [appréciation] of the national assembly. article 164 the bill of the text is then submitted to referendum. it is considered to have been adopted when it has obtained the majority of the suffrage expressed. the president of faso then proceeds with its promulgation in the conditions established by article 48 of this constitution. however, the bill of revision is adopted without recourse to referendum if it is approved by a majority of three-quarters of the members of the national assembly. article 165 no bill or proposal of revision of the constitution is receivable when it effects: the limitative clause of the number of presidential mandates; the duration of the presidential mandate; the republican nature and form of the state; the multiparty system; the integrity of the national territory. no procedure of revision may be initiated or pursued in case of vacancy of the power, during the duration of the state of siege or of the state of urgency or when it infringes upon the integrity of the national territory. title xvi. final provisions article 166 treason against the fatherland and infringement the constitution constitute the most grave crimes committed against the people. article 167 the source of all legitimacy follows from this constitution. all power which does not derive its source from this constitution, notably that resulting from a coup d'état is illegal. in this case, the right to civil disobedience is recognized to all citizens. article 168 the burkinabè people proscribe any idea of personal power. they proscribe equally all oppression of a part of the people by another. article 169 the promulgation of the constitution must intervene in the time periods specified in article 48 of this constitutional law. charter of the transition preamble we, representatives of the political parties, of the organizations of civil society, of the forces of defense and of security, of the religious and customary [coutumières] authorities of burkina faso, signatories of this charter, basing [fondant] ourselves on the constitution of 2 june 1991, considering the popular character of the insurrection of 30 and 31 october 2014 that led to the resignation of president blaise compaore, considering the heavy tribute paid by the daughters and the sons of burkina faso, considering the fight [combat] for the resumption of power by the people, considering the contribution and the patriotic and republican behavior of the forces of defense and of security which have assured the continuity of the power of state, considering the necessity for a political, democratic, civil, calm [apaisée] and inclusive transition, considering the necessary support [accompagnement] of the international community to address [relever] the major challenges to which burkina faso will be confronted all during the period of transition, considering our attachment to democratic values and principles as inscribed in the african charter of democracy, of elections and of governance of 30 january 2007 of the african union and in the protocol a/sp1/12/01 of 21 december 2001 of the economic community of the states of west africa [communauté économique des états de l'afrique de l'ouest (cede40)] on democracy and good governance, drawing [tirant] [a] lesson from our political experience and engaged to construct a true state of democratic law [droit], conscious of the urgency of providing burkina faso with organs of transition to the end of filling the institutional void in the conduct of the public affairs, approve and adopt this charter of the transition which completes the constitution of 2 june 1991 and of which this preamble is [an] integrant part. title i. of the values of reference article 1 other that the values affirmed by the constitution in its preamble, this charter consecrates the following values to guide the transition, its organs and as a whole the persons [of distinction] [personnalités] called to conduct it: pardon and of reconciliation; inclusion; sense of responsibility; tolerance and dialogue; discipline and public spirit [civisme]; solidarity; fraternity; spirit of consensus and of discernment. title ii. of the organs of the transition chapter i. of the president of the transition article 2 the president of the transition occupies the functions of president of faso and of head [chef] of the state. he sees to respect for the constitution and for the charter of the transition. his powers and prerogatives are those defined by this charter and in title iii of the constitution of 2 june 1991 with the exception of those incompatible with the conduct of the transition. his mandate terminates at the end of the transition after the investiture of the president issued from the presidential election. the constitutional council decides in the case of litigation. article 3 all candidates to the functions of president of the transition must fulfill the following conditions: to be a civil person [of distinction]; to be burkinabè by birth; to be at least 35 years of age and at most 75 years of age; to be competent; to have integrity and of good morality; to be impartial; to be a person [of distinction] of public notoriety; never to have been made the object of a judicial condemnation or of a prosecution for crime; to be recognize for their engagement in the defense of the national interests; to have knowledge of the functioning of the institutions and an experience of their administration [gestion]; not to have supported the bill of revision of article 37 of the constitution; not to be affiliated to any political party. they may not be a member [personne] of the forces of defense and of security[,] active, on call [en disponibilité] or in retirement. article 4 the president of the transition is not eligible for the presidential and legislative elections that will be organized to put an end to the transition. this provision is not susceptible to revision. article 5 the president of the transition is chosen by a college of designation [collège de désignation] from a list of persons [of distinction] proposed by the political parties, the organizations of civil society and the forces of defense and security on the basis [à raison de] of three (3) persons [of distinction] at most by component. article 6 the list of persons [of distinction] of each one of the parties mentioned in article 5 above is deposited at the seat of the college of designation in [a] sealed envelop [sous pli fermé] in three original copies. article 7 the designation of the president of the transition is made on the basis [sur la base] of the following criteria: the consensual character of the person [of distinction] at the national level; the capacity to conduct a nation and to manage [gérer] situations of crisis; the capacity to conduct the presidential and legislative elections with neutrality and objectivity. article 8 the college of designation, which takes into account young [persons] and women, is composed as follows: five (05) members representing the political parties; five (05) members representing the organizations of the civil society; five (05) members representing the forces of defense and of security; eighth (08) members representing the religious and customary authorities. except for the representatives of the political parties, the other members of the college of designation must not be members of the directive organ [organe] of a political party. article 9 the procedure of designation includes two (2) phases: a phase of pre-selection and a phase of selection. the pre-selection is operated by the college of designation in view of retaining three persons [of distinction]. the selection is preceded by an interview with each one of the three pre-selected persons [of distinction] on the motivations of their candidature. the definitive selection is made by consensus within the college of designation. the retained candidate is invested president of the transition, head of the state, by the constitutional council. article 10 in the course of the ceremony of investiture the president takes the following oath: "i swear before the burkinabè people and on my honor to preserve, to respect, to have respected and to defend the constitution, the charter of the transition and the laws, to implement everything to guarantee justice to all the inhabitants of burkina faso". the president of the constitutional council receives the written declaration of the assets of the president of the transition. this declaration is published in the journal officiel [official gazette]. within a maximum time period of one month following the end of the transition, he receives a second written declaration. this one is published in the journal officiel, accompanied with the eventual justifications in the case of increase of the patrimony. the constitutional council, in relation with the court of accounts, sees to the application of this [des présentes] and is invested of all the powers to establish the patrimony of the persons [of distinction] concerned. this provision applies equally to all the members of the organs of transition instituted by this charter, at the entering and at the end of their functions. article 11 when the president of the transition is impeded in a temporarily manner from completing his functions, his powers are temporarily exercised by the prime minister. in the case of vacancy of the presidency of the transition for whatever cause that may be, or of absolute or definitive impediment declared by the constitutional council referred to [the matter] by the govermnent, the prime minister assures the interim while awaiting the designation of a new president of the transition in accordance with the provisions of this charter. chapter ii. of the national council of the transition article 12 the national council of the transition is the legislative organ of the transition. it is composed as follows: thirty (30) representatives of the political parties affiliated to the leader of the political opposition [chef de file de l'opposition politique (cfop)]; twenty-five (25) representatives of the organizations of the civil society; twenty-five (25) representatives of the forces of defense and of security; ten (10) representatives of other parties. its composition takes into account young [persons] and women. the national council of the transition exercises the prerogatives defined by this charter and in title v of the constitution of 2 june 1991[,] except for those incompatible with the conduct of the transition. the constitutional council decides in the case of litigation. article 13 the members of the national council of the transition must not be persons who have openly supported the bill of revision of article 37. they must not have been [a] part of the last dissolved government of the ivth republic. its president is a civil person [of distinction] elected by his peers. the president of the national council of the transition is not eligible to the presidential or legislative election that will be organized to put an end to the transition. chapter iii. of the government of the transition article 14 the government of the transition is directed by a prime minister appointed by the president of the transition. it exercises the prerogatives defined by this charter and in title iv of the constitution of 2 june 1991[,] except for those incompatible with the conduct of the transition. the constitutional council decides in the case of litigation. the government of transition is constituted of twenty-five (25) ministerial departments. its composition takes into account young [persons], women and the trade-unions [syndicats]. article 15 the members of the government must fulfill the following conditions: to have civil majority; to be of burkinabè nationality; to have the required competences; to be of good morality. the members of the government of the transition must not be persons who have openly supported the bill of revision of article 37. they must not have been [a] part of the last dissolved government of the ivth republic. article 16 the members of the government of the transition are not eligible to the presidential or legislative election that will be organized to put an end to the transition. article 17 a commission of the national reconciliation and of reforms [commission de la réconcilliation nationale et des réformes] is created alongside [auprès de] the prime minister, responsible for restoring and for reinforcing the social cohesion and national unity. article 18 the commission of the national reconciliation and of reforms is composed of sub-commissions with notably: the sub-commission[:] truth, justice and national reconciliation; the sub-commission[:] constitutional, political and institutional reforms; the sub-commission[:] electoral reform; the sub-commission[:] public finance and respect for the public good; the sub-commission[:] administration of the media and of information. an organic law establishes the attributions, the composition, the organization and the functioning of the commission of the national reconciliation and of reforms. title iii. of the revision of the charter of the transition article 19 by derogation of the provisions provided for by title xv of the constitution, the initiative for the revision of this charter belongs concurrently to the president of the transition and to the third (1/3) of the members of the national council of the transition. the bill or the proposal of revision is adopted by a majority of 4/5ths of the members of the national council of the transition. the president of the transition proceeds with the promulgation of the act of revision in accordance with article 48 of the constitution of 2 june 1991. title iv. of transitory and final provisions article 20 the duration of the transition shall not exceed twelve (12) months counting from the date of the investiture of the president of the transition. article 21 the institutions of the period of the transition function until the effective installation of the new institutions. article 22 the participation of the burkinabè abroad in the presidential election which will be organized to put an end to the transition will be made in accordance with the provisions of the constitution and of the electoral code. article 23 the expired [arrivé a échéance] mandate of the members of the constitutional council is extended, the case arising, until the establishment of the institutions of the transition. article 24 this charter enters into force from its signature by the parties mentioned above in the preamble. its promulgation intervenes from its signature. article 25 in the case of opposition [contrariété] between the charter of the transition and the constitution, the constitutional council decides. preamble we, the people of mongolia: consolidating and strengthening the independence and sovereignty of our state, respecting and upholding the human rights and freedom, justice, and unity of our nation, inheriting and cherishing the traditions of our statehood, history and culture, considering and respecting the accomplishments of human civilization, shall aspire to the supreme goal of building and developing a humane, civic and democratic society in our motherland. thus, do hereby proclaim and declare this constitution of mongolia to the entire populace. chapter one. sovereignty of mongolia article 1 mongolia is an independent and sovereign republic. securing democracy, justice, freedom, equality, national unity and respecting the rule of law are the fundamental principles of the state activities. article 2 the state structure of mongolia shall be unitary. the territory of mongolia shall only be divided into administrative units. article 3 all governance power in mongolia shall be vested upon its people. the people of mongolia shall directly participate in state affairs and shall exercise such right through the representative organ of the state power established by their election. illegitimate seizure of state power or any attempts to do so shall be prohibited. article 4 the territorial integrity of mongolia and the state borders shall be inviolable. the state borders of mongolia shall be ensured by law. stationing foreign military forces in the territory of mongolia or admitting over the state border to traverse shall be prohibited without enactment of a law. article 5 mongolia shall have a multi form proprietor economy complying with the common trends of world economic development and its internal distinctiveness. the state shall recognize any forms of public and private properties and shall protect the owner's rights by law. the rights of owners may only be restricted on grounds prescribed by the law. the state shall regulate the economy in order to ensure national economic security, development of all economics sectors and social development of the population. all livestock is a national asset and shall be under the protection of the state. article 6 the land, its subsoil, forests, water, fauna, flora, and other natural assets in mongolia shall be subject to the people's authority and under the protection of the state. the land, except that in private ownership of the citizens of mongolia, as well as the land subsoil, forests, water resources, and fauna shall be the property of the state. the state may give for private ownership land, other than pastures and areas under public use or reserved for the state's special needs, only to the citizens of mongolia. this provision shall not be applicable to ownership of the land subsoil. citizens shall be prohibited to transfer the land in their possession to foreign nationals and stateless persons by way of sale, barter, donation or pledge as well as from transferring to others for their use without the permission from the competent authorities of the state. the state shall have the right to hold liable and responsible landowners in connection with their land, to exchange or reclaim it, providing compensation on the grounds of the state's special needs, or to confiscate such land if it is used in a manner adverse to the population's health, the interests of environmental protection and national security. the state may allow foreign nationals, legal persons or stateless persons to use the land for a fee during a specific period of time, and under conditions and procedures as prescribed by law. article 7 the historical and cultural objects, scientific and intellectual heritage of the mongolian people shall be under the protection of the state. the intellectual wealth produced by citizens shall be the property of its authors and national asset of mongolia. article 8 the mongolian language shall be the official language of the state. section 1 of this article shall not affect the right of national minorities of population to use their native languages in learning and communication, and in their pursuit of cultural, artistic and scientific activities. article 9 the state shall respect the religion, whereas the religion shall honor the state in mongolia. the organs of state shall not engage in religious activities, and the religious organizations or monasteries shall not conduct political activities. the relationship between the state and religious organizations or monasteries shall be regulated by law. article 10 mongolia shall adhere to the universally recognized norms and principles of international law, and shall pursue a peaceful foreign policy. mongolia shall enforce and fulfil in good faith its obligations under the international treaties to which it is a party. the international treaties to which mongolia is a party, shall become effective as domestic legislation, upon the entry into force of the laws on their ratification or accession. mongolia shall not comply with or abide by any international treaty or other such instruments that are incompatible with this constitution. article 11 it shall be a duty of the state to safeguarding the motherland’s independence, and ensuring national security and public order. mongolia shall keep the armed forces for its self-defense. the structure and organization of armed forces, and the regulations of its military service discharge shall be prescribed by law. article 12 the symbols of the independence and sovereignty of mongolia shall be the state coat of arms, the banner, the flag, the seal and the anthem. the state coat of arms, the banner, the flag, and the anthem shall express the historical traditions, the vision and aspiration, the unity, the justice, and the spirit of mongolian people. the state coat of arms shall be of a circular form with the sacred white lotus flower serving as its base, and the never-ending and ever-flowering tumen nasan (thousands of ages) ornamental pattern forming its main background with a blue color, signifying the eternal sky. at the center of the coat of arms, there shall be a depiction of the precious hulug (flying steed) combined with the golden soyombo symbol, signifying the independence, sovereignty and spirit of mongolia. at the top part of the state coat of arms, there shall be chandmani (wish granting jewel) signifying the past, the present and the future, whereas at its lower part the hourd (wheel of law or dharma chakra) as the happiness with progress and prosperity, with a green color mountain pattern, that represents the mother – earth, shall be depicted respectively. the hourd shall be entwined with hadag (silk scarf) for reverence and respect. the traditional great white banner of the unified mongol empire shall be the state ceremonial symbol of mongolia. the state flag shall be a combination of red, blue and red colors. the blue color at the middle part of the flag, in proportion of its one-third size, shall symbolize the eternal blue sky, and with the red color on its two sides as symbol of the progress and prosperity. the golden soyombo symbol shall be depicted on the red stripe next to the flag post. the width and length of the flag shall be 1:2 in its ratio. the state seal shall be of a square form with the state coat of arms in its middle, and the inscription “mongol ulus” (the state of mongolia) on both its sides, and shall have a lion-shaped handle. the president of mongolia shall be a holder of the state seal. the procedure for the revered use of the state symbols as well as the text and melody of the state anthem shall be prescribed by law. article 13 a capital of the state shall be the city in which the supreme organs of state permanently exist. the capital of mongolia is the city of ulaanbaatar. a legal basis for the capital of mongolia shall be determined by law. chapter two. human rights and freedoms article 14 all persons lawfully residing within mongolia shall be equal before the law and the courts. no person shall be discriminated against on the basis of ethnic origin, language, race, age, sex [gender], social origin and status, property and assets, employment occupation and official position, religion and conscience, conviction and opinion, and education. every human being shall be a legal person. article 15 the grounds and procedure for citizenship of mongolia, and the acquisition or loss of citizenship shall be exclusively determined by law. the deprivation of the citizens of mongolia from their citizenship, the exile from its motherland, and the extradition to other countries shall be prohibited. article 16 the citizens of mongolia shall be guaranteed to exercise the following rights and freedoms: the right to life. deprivation of human life shall be strictly prohibited unless otherwise highest measure of punishment, as prescribed by the criminal code of mongolia for the commission of most serious crimes, is sentenced by a final judgment of the court. the right to a healthy and safe environment, and to be protected against environmental pollution and ecological imbalance. the right to fair acquisition, possession and inheritance of movable and immovable property. illegal confiscation and requisitioning of the private property of citizens shall be prohibited. if the state and its organs appropriate a private property on the basis of exclusive public need, then there shall be [fair] payment of compensation and cost. the right to free choice of employment, to be provided with the enabling conditions for labor, to receive salary and remuneration, to rest and leisure, and to engage in private enterprise. no one shall be illegally forced to work. the right to material and financial assistance in old age, disability, childbirth and childcare, and for other cases as prescribed by law. the right to health protection and to obtain medical care. the procedure and conditions for free medical aid shall be determined by law. the right to learn and education. the state shall provide universal general education free of charge. citizens may establish and operate private schools, which meet the requirements of the state. the right to conduct cultural, artistic and scientific activities, and to produce creative works and to benefits thereof. the right to author’s copyrights, new works and innovation patents shall be protected by law. the right to participate in state management [public administration] affairs directly or through the organs of representation. have the right to elect and to be elected to the state organs. the right to elect shall be exercised from the age of eighteen years, and the age qualification for being elected shall be determined by law, taking into consideration the requirements for the relevant state organs and official positions concerned. the right to freedom of association in political parties or other public organizations on the basis of social and personal interests and conviction. the political parties and other mass organizations shall uphold the public order and state security, and respect and enforce the law. discrimination and persecution of a person for joining a political party or other associations or for being their member shall be prohibited. party membership of some categories of state employees may be suspended. men and women shall enjoy equal rights in political, economic, social, cultural fields and in marriage. the marriage shall be based on the equality and consensual relationship of the spouses who have attained the age determined by law. the state shall protect the interests of a family, motherhood and the child. the right to submit petitions or complaints to the state organs and public officials, and get it resolved by those state organs. the state organs and public officials shall have an obligation to decide and resolve the petitions or complaints by citizens in accordance with law. the right to personal liberty and safety. no one shall be searched, arrested, detained, persecuted or restricted of liberty, except on grounds and procedures prescribed by law. no one shall be subjected to torture, inhuman, cruel or degrading treatment. whenever the person is arrested, his/her family and advocate (legal counsel) shall be notified within a period of time prescribed by law of the reasons for and grounds of such arrest. the privacy of citizens, their families, confidentiality of correspondence and communication, and the inviolability of home residence shall be protected by law. the right to appeal to the court to protect such rights if he/she considers that the rights or freedoms as prescribed by the laws of mongolia or by international treaties have been violated; and shall have the right to be compensated for damage illegally caused by others; right not to testify against oneself, his/her family, or parents and children; right to defense; right to receive legal aid; to have the documents of evidence examined; right to a fair trial; right to be tried in his/her own presence; right to appeal against court decisions, and right to request a pardon. it shall be prohibited to demand, compel or use the force to testify against himself/herself. every person shall be presumed innocent until proved guilty by the court through the due process of law. the punishment and penalties imposed on the convicted shall not be applicable to his/her family members or relatives. freedom of conscience and religion. freedom of thought, opinion and expression, speech, press, and peaceful assembly. the rules of procedures for conduct of demonstrations and public meetings shall be determined by law. the right to seek and receive information on any issues, except which the state and its organs are legitimately bound to specifically protect as relevant secret. in order to protect the human rights, dignity and reputation of persons, and to ensure national defense, security and the public order, the confidential state, corporate and individual information, that are not subject to disclosure, shall be classified and protected by law. the right to freedom of movement and residence within the country, to travel and reside abroad and to return to their motherland. the right to travel and reside abroad may be limited exclusively by law for the purpose of ensuring the national and population security, and for protecting the public order. article 17 the citizens of mongolia shall uphold justice and humanity, and shall discharge in good faith the following basic duties: respect and abide by the constitution and other laws; respect the dignity, reputation, rights and legitimate interests of human beings; pay official taxation levied by law; defend his/her motherland and discharge military service according to law. it is a sacred duty for every citizen to work, protect his/her health, raise and educate his/her children, as well as to protect the nature and environment. article 18 the rights and duties of foreign citizens, who are residing in mongolia, shall be determined by the laws of mongolia and by the agreements concluded with a country of whose nationality is such person concerned. mongolia shall adhere to the principle of reciprocity in determining the rights and duties of foreign nationals in the international agreements that are concluded with a country of concerned nationals. the rights and duties of stateless persons, who are residing within the territory of mongolia, shall be determined by law. foreign citizens or stateless persons persecuted for their conviction, political or other activities in pursuit of justice may be granted asylum in mongolia on the basis of their well-grounded requests. mongolia may establish necessary restrictions upon the rights other than the inalienable rights defined in international instruments to which mongolia is a party, out of the consideration of ensuring the security and population, and the public order, in allowing the foreign nationals and stateless persons under the jurisdiction of mongolia to exercise the fundamental rights and freedoms as prescribed in article sixteen of the constitution. article 19 the state shall be accountable to the citizens for the creation of economic, social, legal and other guarantees for ensuring human rights and freedoms, and shall fight against the violations of human rights and freedoms, and shall restore such infringed rights. in case of a state of emergency or war, the human rights and freedoms as prescribed in the constitution and by other laws may be subject to limitation exclusively by law. such law shall not affect the right to life, the freedom of thought, conscience and religion, as well as the legal provisions concerning the right to not to be subjected to torture, inhuman, degrading or cruel treatment. in exercising his/her rights and freedoms, a person shall not breach national security, the rights and freedoms of others, or violate public order. chapter three. the state system of mongolia one. the state great hural (parliament) of mongolia article 20 the state great hural (parliament) of mongolia shall be the highest organ of state power, and the legislative power shall be vested exclusively in the state great hural (parliament). article 21 the state great hural (parliament) shall have one chamber, and shall be composed of seventy-six members. members of the state great hural (parliament) shall be elected by the citizens who are qualified to vote, on the basis of universal, free, direct suffrage by secret ballot for a term of four years. any citizen of mongolia, who have attained the age of twenty five years and are qualified to vote, shall be eligible to be elected to the state great hural (parliament). the rules of procedure for the elections of members to the state great hural (parliament) shall be prescribed by law. article 22 if regular elections of the state great hural (parliament) may not be held due to extraordinary circumstances, such as sudden calamities occurring in the whole or a part of the country, then the state great hural (parliament) shall retain its power until such extraordinary circumstances cease to exist, and the newly elected members of the state great hural (parliament) are sworn in. the state great hural (parliament) may decide on its dissolution if at least two thirds of its members consider that the state great hural (parliament) is unable to carry out its mandate, or if the president, in concurrence with the speaker of the state great hural (parliament), proposes to do so for the same reason. in case of such a decision, the state great hural (parliament) shall exercise its powers until the newly elected members of the state great hural (parliament) are sworn in. unless otherwise provided in the constitution, if the state great hural (parliament) is not able to discuss and decide the proposal for appointing the prime minister of mongolia within forty five days, after its submission to the state great hural (parliament), then either it shall dissolve itself or the president shall dissolve the state great hural (parliament). article 23 the member of the state great hural (parliament) is representative of the people and shall respect and uphold the interests of all the citizens and the state. the term of office for the members of the state great hural (parliament) shall start with the oath sworn before the state coat of arms, and shall expire when the newly elected members of the state great hural (parliament) are sworn in. article 24 the state great hural (parliament) shall nominate and elect the speaker and vice speakers from among its members by an open ballot. the vice speakers of the state great hural (parliament) shall be elected from each political party and/or coalition groups that have been formed as a result of that election to the state great hural (parliament). the term of office for the speaker and vice-speakers of the state great hural (parliament) shall be for four years. they may be released or removed from their office before the expiry of their terms of office on the grounds prescribed by law. article 25 the state great hural (parliament) may consider at its own initiative any issue pertaining to domestic and foreign policies of the state, and the following matters within its exclusive prerogative shall be vested therein and decided upon: enact laws, and make amendments or changes to them; determine the basis of the domestic and foreign policies of the state; set forth and announce the date of elections for the presidency and to the state great hural (parliament) or its members; determine and change the structure and composition of the standing committees of the state great hural (parliament), the government (cabinet), and other organs directly responsible and accountable for their work to it as prescribed by law; consider the president as elected, and enact the law recognizing his/her powers, and to release or remove him/her; appoint, replace or remove the prime minister, members of the government (cabinet ministers) and the composition of other organs directly responsible and accountable for their work to the state great hural (parliament) as prescribed by law; determine the financial and credit, official taxation and monetary policies of the state, and the main directives for national economic and social development, and to approve the government program of action, the state budget, and their performance reports; supervise and inspect the enforcement of laws and other decisions by the state great hural (parliament); establish the state borders; determine the structure, composition and the powers of the national security council of mongolia; approve or change the administrative and territorial division of mongolia as submitted by the government (cabinet); determine the legal basis of the system, organizational structure and activities of the local self-governing and administrative organs; institute titles of honor, orders, medals and highest military ranks of the state, and to determine the table of ranks for some special sector officials of the public service; make the decision on amnesty; ratify or annul international instruments to which mongolia is a party, and to establish and sever diplomatic relations with foreign states, as submitted by the government (cabinet); hold national referendums (plebiscites). verify the validity of a referendum in which the majority of citizens who are qualified for elections have participated, and to consider the question which obtained a majority vote as decided; declare a state of war in the cases when the sovereignty and independence of the state is threatened by the armed actions of foreign states, and to mitigate thereof; declare a state of emergency or a state of war in the whole or some parts of the country in special circumstances described in sections 2 and 3 of this article. and to approve or nullify the president’s decree to that effect. under the following extraordinary circumstances the state great hural (parliament) may declare a state of emergency to eliminate the consequences thereof, and to restore the life of the population and society to normality: the natural disasters or other unforeseen dangers which threaten or may threaten directly the life, health, well-being and security of the population in the whole or a part of the country’s territory, have occurred; the organs of state are not able within their authority to cope with the public disorders caused by organized, violent, illegal actions of an organization or a group of people, that is threatening the constitutional order and the existence of the legitimate societal system. the state great hural (parliament) may declare a state of war, if public disorder in the whole or a part of the country’s territory result in an armed conflict or creates a clear and present danger of an armed conflict, or if there is armed aggression or a clear and present danger of such aggression from outside. the other powers, organizational structure, and the rules of procedures for the state great hural (parliament) shall be determined by law. article 26 the president, members of the state great hural (parliament), and the government (cabinet) shall exercise the right to legislative initiative. citizens and other organizations shall put forward the comments or proposals on draft laws through the legislative initiators. the laws of mongolia shall be officially promulgated by the state great hural (parliament), and unless otherwise provided by law, it shall become effective and enter into force after ten days since the date of its publication. article 27 the state great hural (parliament) shall exercise its powers through its sessions and other organizational forms. regular sessions of the state great hural (parliament) shall be held once in every half year for not less than fifty working days. extraordinary sessions may be convened at the demand of more than one third of the members of the state great hural (parliament), and/or at the initiative of the president and the speaker of the state great hural (parliament). the president shall convoke the constituent sessions of the state great hural (parliament) within thirty days following the general elections. all other sessions shall be convened by the speaker of the state great hural (parliament). in case of the proclamation by the president of a state of emergency or war, the state great hural (parliament) shall be convened for an extraordinary session within seventy two hours without prior announcement. sessions of the state great hural (parliament) and sittings of its standing committees shall be considered valid with the presence of a majority of its members, and issues shall be decided by a majority vote of the members present in such sittings. decisions on appointment of the prime minister and members of the government (cabinet ministers), as well as other issues, unless otherwise provided by law, shall be decided by open vote. article 28 the state great hural (parliament) shall have its standing committees on relevant sectors and direction of its activities. the competence, organizational structure, and the rules of procedures for the standing committees shall be determined by the state great hural (parliament). article 29 members of the state great hural (parliament) shall receive a salary from the state budget during their term of office. members of the state great hural (parliament) may not hold concurrently any employment or position, that are incompatible with their duties as assigned by law, other than the posts of the prime minister and member of the government (cabinet minister). the inviolability of members of the state great hural (parliament) shall be protected by law. the issue concerning a member of the state great hural (parliament), who was involved in crime, shall be discussed and decided by a session of the state great hural (parliament) as to whether or not to suspend his/her powers. if a court determines that such member concerned is guilty of a crime commission, then the state great hural (parliament) shall recall and remove him/her as its member. two. the president of mongolia article 30 the president of mongolia shall be the head of state and the embodiment of the unity of mongolian people. an indigenous citizen of mongolia, who has attained the age of forty five years and has permanently resided in his/her motherland for at least five years, shall be qualified to be elected as the president for a term of four years. article 31 the presidential elections shall be held in two stages. the political parties with seats in the state great hural (parliament) shall nominate either individually or collectively one single candidate each for presidency. at the primary stage of the elections, all citizens eligible to vote shall participate in electing the president on the basis of universal, free and direct suffrage by secret ballot. the state great hural (parliament) shall consider the candidate who has obtained a majority of all votes cast in the first vote as elected the president, and shall promulgate the law recognizing his/her powers. if none of the candidates obtains a majority vote at the first round, then the two candidates, who have obtained the largest number of votes at the first round, shall be included for the second vote. the candidate, who obtains a majority of all votes cast at the second ballot, shall be considered as elected the president, and the law recognizing his/her mandate powers shall be enacted by the state great hural (parliament). if neither of the candidates has obtained the majority of votes by the electorate during such second ballot, then the presidential elections shall be conducted again. the president may be re-elected only once. the president shall not concurrently hold the posts of the prime minister, or as member of the state great hural (parliament) or the government (cabinet), or hold any other job or official position, that are not responsibilities determined by law. if the president is holding another job or official position, then he/she shall be released from this responsibility effective from the date on which he/she has sworn the oath. article 32 the term of office of the president shall become effective with the oath sworn by him/her, and shall expire with the oath sworn by the newly elected president. within thirty days after being elected, the president shall be swearing the oath to the state great hural (parliament) as: “i do hereby swear, that i shall safeguard and defend the independence and sovereignty of mongolia, the freedom of our people and national unity, and that i shall uphold and observe the constitution, and that i shall faithfully discharge the duties of the president”. article 33 the president shall exercise the following prerogative powers: veto, either partially or wholly, the laws and other decisions adopted by the state great hural (parliament). such laws or decisions shall remain in force, if after having been discussed, two thirds of members of the state great hural (parliament) present and voting do not accept this veto by the president; submit to the state great hural (parliament) a proposal to appoint as the prime minister, a person who has been nominated by a party or coalition that obtained a majority of seats in the state great hural (parliament), and if neither party nor coalition have obtained a majority, then a person who has been nominated by a party or coalition with the largest number of seats, in consensus with other parties or coalitions, and if a party or coalition with the largest number of seats is not able to reach such consensus and nominate a candidate for the prime minister, then a person who has been nominated by a majority with consensus from parties and/or coalitions with seats in the state great hural (parliament), within five days; provide guidelines for the government (cabinet) on issues within its powers. if the president issues the decree with this regard, then it shall become effective upon its counter-signature by the prime minister; represent the state with full authority in foreign relations, and, in concurrence with the state great hural (parliament), to conclude international treaties on behalf of mongolia; appoint and recall the heads of plenipotentiary missions of mongolia to foreign countries, in concurrence with the state great hural (parliament); receive the letters of credence or recall for the heads of plenipotentiary missions of foreign states to mongolia; confer state titles and highest military ranks, and award orders and medals; grant a pardon; decide matters on acquisition and loss of citizenship of mongolia, and granting asylum; head the national security council of mongolia; declare a general or partial military conscription; declare a state of emergency or a state of war on the whole or part of the national territory, and to issue its ordinance on the deployment of the armed forces whenever extraordinary circumstances, prescribed in sections 2 and 3 of article twenty five of the constitution, have arisen and whereby the state great hural (parliament) session is in its recess period. the state great hural (parliament) shall discuss within seven days after issuance of the presidential decree declaring a state of emergency or a state of war, and shall either endorse or invalidate it. if the state great hural (parliament) does not take decision on the matter, then such decree shall be considered null and void. the president shall be the commander-in-chief of the armed forces of mongolia. the president may issue messages addressed to the state great hural (parliament) and/or to the people, may attend the sessions of the former at its own discretion, and may brief regarding and submit its proposals concerning the issues of utmost importance on the national domestic and foreign policies. specific powers may be vested in the president only by law. article 34 the president within its powers shall issue the decrees in conformity with law. if presidential decrees are not in conformity with law, then the president by him/herself or the state great hural (parliament) shall invalidate them. article 35 the president shall be accountable for its work to the state great hural (parliament). if the president has committed breach of its oath of office and violated the constitution and abused the presidential powers, then he/she may be removed from office, based on the conclusion of the constitutional tsets (court), by an overwhelming majority of all members of the state great hural (parliament) present and voting. article 36 the person, residence and transport of the president shall be inviolable and have the immunity. the dignity and immunity of the president shall be protected by law. article 37 in the temporary absence of the president, its powers shall be exercised by the speaker of the state great hural (parliament). if the president has resigned, died or voluntary released, then its powers shall be exercised by the speaker of the state great hural (parliament) until the inauguration of the newly elected president. in such cases, the state great hural (parliament) shall announce and conduct the presidential elections within four months. the procedure for discharge of the presidential duties by the speaker of the state great hural (parliament) shall be prescribed by law. three. the government (cabinet) of mongolia article 38 the government (cabinet) of mongolia shall be the highest executive organ of the state. the government (cabinet) shall enforce the laws of the state, and in accordance with its common functions of managing the economic, social and cultural system shall exercise the following powers: organize and ensure the nation-wide enforcement of the constitution and other laws; develop the integrated policy on science and technology, the guidelines for national economic and social development, the state budget, the credit and fiscal plans and to submit them to the state great hural (parliament), and to enforce the decisions made thereon; develop and implement the measures on sectoral, inter-sectoral, as well as regional development issues; undertake measures for protection of the environment, the sustainable use and restoration of natural resources; manage expediently the central organs of the state [public] administration, and to direct the activities of local administrative organs; strengthen the country’s defense capacity, and to ensure the national security; undertake the measures for protection of human rights and freedoms, enforcement of public order, and fighting against crimes; implement the foreign policy of the state; conclude and implement international treaties to which mongolia is a party with the concurrence of and for subsequent ratification by the state great hural (parliament), as well as to conclude and abrogate inter-governmental agreements. the specific powers, organizational structure and operational rules of procedure for the government (cabinet), shall be determined by law. article 39 the government (cabinet) shall be comprised of the prime minister and members (cabinet ministers). the prime minister shall, in concurrence with the president, submit his/her proposal on the structure and composition of the government (cabinet) and its changes to the state great hural (parliament). if the prime minister is not able to reach a consensus on this issue with the president, within a week, then he/she shall submit it by himself/herself to the state great hural (parliament). the state great hural (parliament)shall appoint the members of the government (cabinet ministers), as submitted by the prime minister, by discussing upon and deciding on each [nominee] person. article 40 the full term of office for the government (cabinet) shall be four years. the full term of office for the government (cabinet) shall start from the appointment of the prime minister by the state great hural (parliament), and shall terminate upon the appointment of new prime minister. article 41 the prime minister shall manage the government (cabinet), and shall be accountable to the state great hural (parliament) for the enforcement of laws of the state. the government (cabinet) shall be accountable for and report its activities to the state grand hural (parliament). article 42 the inviolability of the prime minister and members of the government (cabinet ministers) shall be protected by law. article 43 the prime minister may tender his/her resignation to the state great hural (parliament) before the expiry of his/her term of office, if he/she considers that the government (cabinet) is not able to exercise its powers. the government (cabinet) shall resign in its entirety, if the prime minister has resigned or if the half of the members of the government have resigned at the same time. the state great hural (parliament) shall discuss and decide within fifteen days, after making its own initiative, or upon receiving the president’s proposal, or upon the prime minister’s statement, on whether or not to dismiss the government. the state great hural (parliament) shall discuss and decide on dismissal of the government (cabinet), if at least one fourth of members of the state great hural (parliament) have formally proposed it. article 44 if the government (cabinet) submits a draft resolution requesting a vote of confidence in it, then the state great hural (parliament) shall proceed with this matter in accordance with the procedure prescribed by section 3 of article forty three. article 45 the government (cabinet) shall, within its powers and in conformity with the legislation, issue the resolutions and ordinances, and they shall be signed by the prime minister and the concerned minister, who is responsible for enforcement of respective decisions. if the government (cabinet) resolutions and ordinances are not in conformity with the legislation, then the government (cabinet) itself or the state great hural (parliament) shall invalidate them. article 46 ministries of mongolia and other offices of the state shall be established in accordance with law. the real employees of state (civil servants) shall be the citizens of mongolia, and shall work for the benefit of its people, strictly abiding by the constitution and with other laws, and in the interests of the state in their civic capacity. the working conditions and social guarantees for civil servants shall be determined by law. four. the judicial power article 47 the judicial power in mongolia shall be exercised exclusively by the courts. the illegal establishment of the courts under any circumstances, and implementation of the judicial power by any other organization, shall be prohibited. the courts shall be instituted solely under the constitution and by other laws. article 48 the judicial system shall consist of the supreme court, the aymag (provincial) and the capital city courts, soum (county) or inter-soum (inter-county), and district courts, whereas the specialized courts, such as criminal, civil and administrative by task types of the administration of justice, may be established. the activities and decisions of these specialized courts shall not but be under oversight by the supreme court. the organizational structure of courts and the legal basis of their operations shall be established by law. the courts shall be financed from the state budget. the state shall ensure the economic guarantees for the operations of courts. article 49 the judges shall be impartial and subject only to law. the president, the prime minister, the members of the state great hural (parliament), the members of the government (cabinet ministers), or the officials of the state, political parties or other public organizations, citizens or anyone else, shall not interfere with the discharge of judicial duties by the judges. the general council of courts (judicial service commission) shall work for the purpose of ensuring the impartiality of judges and independence the judiciary. the general council of courts (judicial service commission), without interfering in the judicial proceedings of courts and judges, shall discharge duties such as concerning the selection of judges from exclusively amongst lawyers, protection of their rights, and other matters pertaining to providing the conditions that guarantee the autonomous functioning of judges. the organizational structure and operational rules of procedure for the general council of courts (judicial service commission) shall be prescribed by law. article 50 the supreme court of mongolia shall be the highest judicial organ, and shall exercise the following powers: adjudicate through a first instance procedure the criminal cases and legal disputes assigned under its jurisdiction by law; examine the decisions of lower-instance courts through a procedure of appeal or cassation (review); examine and make decisions on matters regarding the protection of law, human rights and freedoms prescribed therein, as transferred from the constitutional tsets (court) or by the prosecutor general; issue the official interpretations for correct application of all laws, except for the constitution; make decisions on all other matters assigned by law. the decisions by the supreme court shall be the final judgments, and shall compulsorily be enforced by all courts and other entities. if the decisions by the supreme court are incompatible with law, then the supreme court itself shall repeal them. if the interpretations by the supreme court are incompatible with the law, then that law shall prevail over and be enforced. the supreme court and other courts shall not be entitled to apply the laws that are incompatible with the constitution, or that have not been officially promulgated. article 51 the supreme court shall be composed of the chief justice and judges. the president shall appoint the judges of the supreme court upon their presentation to the state great hural (parliament) by the general council of courts (judicial service commission), and appoint the judges of other courts, upon the proposal by the general council of courts (judicial service commission). a citizen of mongolia, who has attained the age of thirty five years, with higher education in law and a professional career of not less than ten years, may be appointed as a judge of the supreme court. a citizen of mongolia, who has attained the age of twenty five years of age, with higher education in law and a professional career of at least three years, may be appointed as the judge of other courts. a removal of a judge of the court at any instance shall be prohibited, except for the cases whereby he/she is released at his/her own request, or when dismissed on the grounds prescribed by the constitution and/or by the law on judiciary, and in accordance with a valid decision by the court. article 52 the courts at all instances shall adjudicate the cases or disputes on the principle of collective decision-making. in making a collective judgment on cases and disputes, the courts of first instance shall allow the representatives of citizens to participate in accordance with the procedure as prescribed by law. a judge may consider and make judgments alone on some cases, which are specifically provided for and prescribed by law. article 53 the administration of justice shall be conducted in the mongolian language. a person who does not know mongolian language shall be acquainted fully with the case documentation through an interpretation, and shall have the right to expression in his/her native language at the court trials. article 54 courts shall adjudicate the cases through open hearings, except for the cases specifically prescribed by law. article 55 the accused shall have the right to self-defense. the accused shall be accorded with the professional legal aid in the exercise of the above right at his/her request or as prescribed by law. article 56 public prosecutors shall exercise supervision over the inquiry and investigation of cases and the execution of punishment, and shall participate in the court proceedings on behalf of the state. the president shall appoint the prosecutor general and his/her deputies in concurrence with the state great hural (parliament) for a term of six years. the organizational system, structure and a legal basis of the activities for public prosecutor’s office shall be determined by law. chapter four. administrative and territorial units of mongolia, their governance article 57 the territory of mongolia shall be divided administratively into aymag (province) and a capital city, the aymag shall be subdivided into soum (county), the soum into bagh (sub-county), the capital city shall be divided into districts, and districts into horoo (sub-district or committee). the legal status of towns and villages, located in the administrative and territorial units, shall be determined by law. the issue for revision of administrative and territorial units shall be decided by the state great hural (parliament), on the basis of the proposal by respective local hural (assembly or meeting) and local citizens, taking into account a structure of the economy and a location of the population. article 58 the aymag, the capital city, soum and district are administrative, territorial and socio-economic complexes with their specifically assigned functions and their governance being prescribed by law. the border lines of aymag, the capital city, soum and district shall be approved by the state great hural (parliament) as submitted by the government (cabinet). article 59 the governance of administrative and territorial units of mongolia shall be organized on the basis of a twining the principles of both self-governance and the state management [public administration]. local self-governing organs in aymag, capital city, soum and district shall be the hural of citizen representatives (local assembly) in their respective territory, the general hural of citizens (local meeting) in bagh and horoo, and their presidiums during the interval period between the sessions of the hural of citizens’ representatives (local assembly) and the general hural (local meeting). the hural of aymags and the capital city shall be elected for a term of four years. the number of representatives for these hural as well as for soum and districts hural, and the procedure for their election shall be determined by law. article 60 the state management (public administration) in the territories of aymag, the capital city, soum, districts, bagh and horoo shall be implemented by the governors of respective aymag, the capital city, soum, district, bagh and horoo. the candidates for governors shall be nominated by the hurals of respective aymag, the capital city, soum, districts, bagh and horoo, and the governors of aymag and the capital city shall be appointed by the prime minister; the governors of soum and districts by the governors of aymag and the capital city; and the governors of bagh and horoo by the governors of soum and districts, respectively for a term of four years. if the prime minister or governors at higher instance should refuse to appoint the candidates for governors of their lower instance, then until the new nominations and appointments are conducted by the procedure prescribed in section 2 of this article, the previous governors shall be still vested with their powers. article 61 in conjunction with their task on implementation of the decisions of respective hural, the governors, in their capacity as a representative of the state and government, shall be accountable to the government (cabinet), as well as to the governors of higher instance for the enforcement of laws and decisions by the government and from the higher organs of their subordination, in the respective territories. the governor shall have a right to veto decisions by the hurals of respective aymag, the capital city, soum, district, bagh and horoo. where the hural by a majority of votes of their representatives overrides the veto, then such governor may tender his/her request for resignation to the prime minister, or to the governor at higher instance, if he/she considers that he/she will not able to implement the concerned decision. the secretariat shall be an administrative office for governors of aymag, the capital city, soum and district. the organizational structure and limits for the personnel size of secretariat shall be determined by the government (cabinet) either individually or on the uniform basis. article 62 the local self-governing organs shall independently decide matters of social and economic life of their respective aymag, the capital city, soum, district, bagh and horoo territories, and in addition shall organize participation of the population in resolving issues of a national scale as well as matters of higher instance units. the organs of higher instance shall not make a decision on matters that are under the authority of local self-governing organs. if the law and decisions of relevant higher organs of the state do not specifically prescribe regarding the decision-making on definite matters of local life, the local self-governing organs may make autonomous decisions in conformity with the constitution. the state great hural (parliament) or the government (cabinet) may delegate, if deemed necessary, some matters within their powers for decision-making to the hural (local assembly) of aymag and the capital city, or to the governors. article 63 the hural of aymag, the capital city, soum, district, bagh and horoo shall issue resolutions within their respective authority, whereas the governors shall issue ordinances. the resolutions of hural and ordinances by governors shall be in conformity with legislation, the decrees by the president, or with decisions by the government (cabinet) or by the higher organs of their subordination, and shall have a binding within each of their respective territories. administrative and territorial units, their governance competence, organizational structure and operational rules of procedure shall be prescribed by law. chapter five. the constitutional tsets (court) of mongolia article 64 the constitutional tsets (court) of mongolia shall be the competent organ with powers to exercise supreme supervision over the enforcement of the constitution, to make a conclusion on the breach of its provisions, and to decide constitutional disputes, and is the guarantor for strict observance of the constitution. the constitutional tsets (court) and its members in the discharge of their duties shall be subject to the constitution only, and shall be independent of any organizations, officials or from other persons. the independence of the members of the constitutional tsets (court) shall be ensured by the guarantees prescribed in the constitution and by other laws. article 65 the constitutional tsets (court) shall be comprised of nine members. the members of the constitutional tsets shall be appointed by the state great hural (parliament) for a term of six years, upon the nomination proposals of three of them by the state great hural (parliament), other three by the president, and another three by the supreme court. a member of the constitutional tsets (court) shall be a citizen of mongolia, who attained the age of forty years, having a high qualifications in law and politics. a chairperson [chief justice] of the constitutional tsets (court) shall be elected from amongst its nine members for a term of three years, by a majority of their votes. he/she may be re-elected once. if a chairperson or member of the constitutional tsets is in breach of law, then he/she may be withdrawn by the state great hural (parliament) on the basis of the decision made by the constitutional tsets (court), on the basis of proposal by the institution that nominated him/her. the president, the members of the state great hural (parliament), the prime minister, the members of the government (cabinet ministers) or judges of the supreme court shall not be included in the composition of the constitutional tsets (court). article 66 the constitutional tsets (court) shall examine and decide disputes regarding a breach of the constitution, on its own initiative pursuant to the petitions or information from citizens, and/or at the request by the state great hural (parliament), the president, the prime minister, the supreme court and the prosecutor general. the constitutional tsets (court) shall make conclusions based the grounds prescribed in section 1 of this article and submit its conclusions to the state great hural (parliament), on the following issues under a dispute: on whether or not the laws, decrees or other decisions by the state great hural (parliament) or by the president, as well as any government (cabinet) decisions and international treaties to which mongolia is a party, are in conformity with the constitution; on whether or not the national referendums or any decisions by the central electoral authority regarding the elections to the state great hural (parliament) or its members as well as the presidential elections, are in conformity with the constitution; on whether or not the president, the speaker or members of the state great hural (parliament), the prime minister or the members of the government (cabinet ministers), the chief justice of the supreme court, or the prosecutor general, have committed a breach of the constitution; on whether or not there is justification for removal of the president, the speaker of the state great hural (parliament) and the prime minister, and for recall of the members of the state great hural (parliament). if the conclusion, submitted in accordance with clauses 1 and 2 of section 2 of this article, is not acceptable by the state great hural (parliament), then the constitutional tsets (court) shall re-examine it and make a final decision. if the constitutional tsets (court) made a decision that the laws, decrees or other decisions of the state great hural (parliament) and by the president, as well as the government (cabinet) decisions and the international treaties to which mongolia is a state party, are not in conformity with the constitution, then such laws, decrees, instruments of ratification, or decisions shall be considered null and void. article 67 a decision by the constitutional tsets (court) shall become effective and enter into force immediately upon its commencement. chapter six. amendments and changes to the constitution of mongolia article 68 any proposed amendments or changes to the constitution shall be initiated by the competent organs or officials with the right to legislative initiative, and such proposals may be submitted by the constitutional tsets (court) to the state great hural (parliament). a national referendum on the issue of proposed amendments or changes to the constitution may be conducted with a supporting vote of at least two thirds by the members of the state great hural (parliament). a referendum shall be conducted in accordance with the grounds in clause 16 of section 1 of article twenty five of the constitution. article 69 the constitution and its amendments or changes shall be adopted by a supporting vote of at least three quarters by all members of the state great hural (parliament). if a proposed amendment or change to the constitution that has been under discussion twice and did not obtain such a supporting vote of at least three quarters by all its members, then this draft shall not be subject to consideration for discussion until a new composition of the state great hural (parliament), as elected by a regular general elections, assumes its work. the state great hural (parliament) shall not affect any amendments or changes to the constitution within the six months prior to the regular general elections. the amendments or changes made to the constitution shall have the same force as the constitution. article 70 the laws, decrees and other decisions by the organs of state, and activities of all organizations and citizens, must be in full conformity with the constitution. this constitution of mongolia shall become effective and enter into force at 12 hours on the 12th day of february of year 1992, or at the hour of horse on the prime zeal and auspicious good ninth day of yellow horse of the first spring month of black tiger of the year of water monkey of the seventeenth sixty-year cycle. preamble we, the members of the seventh grand national assembly, guided by our desire to express the will of the people of bulgaria, by pledging our loyalty to the universal human values of liberty, peace, humanism, equality, justice and tolerance; by holding as the highest principle the rights, dignity and security of the individual; in awareness of our irrevocable duty to guard the national and state integrity of bulgaria, hereby proclaim our resolve to create a democratic and social state, governed by the rule of law, by establishing this constitution. chapter i. fundamental principles article 1 bulgaria shall be a republic with a parliamentary form of government. the entire power of the state shall derive from the people. the people shall exercise this power directly and through the bodies established by this constitution. no part of the people, no political party nor any other organization, state institution or individual shall usurp the expression of the popular sovereignty. article 2 the republic of bulgaria shall be an unitary state with local self-government. no autonomous territorial formations shall be allowed to exist therein. the territorial integrity of the republic of bulgaria shall be inviolable. article 3 bulgarian shall be the official language of the republic. article 4 the republic of bulgaria shall be a state governed by the rule of law. it shall be governed by the constitution and the laws of the country. the republic of bulgaria shall guarantee the life, dignity and rights of the individual and shall create conditions conducive to the free development of the individual and of civil society. republic of bulgaria shall participate in the building and development of the european union. article 5 the constitution shall be the supreme law, and no other law shall contravene it. the provisions of the constitution shall apply directly. no one shall be convicted for action or inaction which at the time it was committed, did not constitute a crime. international treaties which have been ratified in accordance with the constitutional procedure, promulgated and having come into force with respect to the republic of bulgaria, shall be part of the legislation of the state. they shall have primacy over any conflicting provision of the domestic legislation. all legislative acts shall be promulgated and shall come into force three days after the date of their publication unless otherwise envisaged by the acts themselves. article 6 all persons are born free and equal in dignity and rights. all citizens* shall be equal before the law. there shall be no privileges or restriction of rights on the grounds of race, national or social origin, ethnic self-identity, sex, religion, education, opinion, political affiliation, personal or social status or property status. * the term "citizens" refers to all individuals to whom this constitution applies. article 7 the state shall be held liable for any damages caused by unlawful acts or actions on the part of its agencies and officials. article 8 the power of the state shall be divided between legislative, executive and judicial branches. article 9 the armed forces shall guarantee the sovereignty, security and independence of the country and shall defend its territorial integrity. the activity of the armed forces shall be established by law. article 10 all elections, and national and local referendums shall be held on the basis of universal, equal and direct suffrage by secret ballot. article 11 political activity in the republic of bulgaria shall be founded on the principle of political pluralism. no political party or ideology shall be proclaimed or affirmed as a party or ideology of the state. all parties shall facilitate the formation and expression of the citizens' political will. the procedure applying to the formation and dissolution of political parties and the conditions pertaining to their activity shall be established by law. there shall be no political parties on ethnic, racial or religious lines, nor parties which seek the violent seizure of state power. article 12 associations of citizens shall serve to meet and safeguard their interests. associations, including trade unions, shall not pursue any political objectives, nor shall they engage in any political activity which is in the domain of the political parties. article 13 the practicing of any religion shall be unrestricted. religious institutions shall be separate from the state. eastern orthodox christianity shall be considered the traditional religion in the republic of bulgaria. religious institutions and communities, and religious beliefs shall not be used to political ends. article 14 the family, motherhood and children shall enjoy the protection of the state and society. article 15 the republic of bulgaria shall ensure the protection and reproduction of the environment, the conservation of living nature in all its variety, and the sensible utilization of the country's natural and other resources. article 16 labour shall be guaranteed and protected by law. article 17 the right to property and inheritance shall be guaranteed and protected by law. property shall be private and public. private property shall be inviolable. the regime applying to the different units of state and municipal property shall be established by law. forcible expropriation of property in the name of state or municipal needs shall be effected only by virtue of a law, provided that these needs cannot be otherwise met, and after fair compensation has been ensured in advance. article 18 the state shall enjoy exclusive ownership rights over the underground resources; beaches and national thoroughfares, as well as over waters, forests and parks of national importance, and the natural and archaeological reserves established by law. the state shall exercise sovereign rights in prospecting, developing, utilizing, protecting and managing the continental shelf and the exclusive off-shore economic zone, and the biological, mineral and energy resources therein. the state shall exercise sovereign rights with respect to radio frequency spectrum and the geostationary orbital positions allocated by international agreements to the republic of bulgaria. a state monopoly shall be establishable by law over railway transport, the national postal and telecommunications networks, the use of nuclear energy, the manufacturing of radioactive products, armaments and explosive and powerful toxic substances. the conditions and procedure by which the state shall grant concessions over units of property and licences for the activities enumerated in the preceding two paragraphs shall be established by law. the state shall utilize and manage all the state's assets to the benefit of individual and society. article 19 the economy of the republic of bulgaria shall be based on free economic initiative. the state shall establish and guarantee equal legal conditions for economic activity to all citizens and legal entities by preventing any abuse of a monopoly status and unfair competition, and by protecting the consumer. all investments and economic activity by citizens and legal entities shall enjoy the protection of the law. the law shall establish conditions conducive to the setting up of cooperatives and other forms of association of citizens and legal entities in the pursuit of economic and social prosperity. article 20 the state shall establish conditions conducive to the balanced development of the different regions of the country, and shall assist the territorial bodies and activities through its fiscal, credit and investment policies. article 21 land, as a chief national asset, shall enjoy particular protection on the part of the state and society. arable land shall be used for agricultural purposes only. any change in purposes shall be allowed only in exceptional circumstances, when necessity has been proven, and on terms and by a procedure established by a law. article 22 foreigners and foreign legal entities may acquire property over land under the conditions ensuing from bulgaria's accession to the european union, or by virtue of an international treaty that has been ratified, promulgated and entered into force for the republic of bulgaria, as well as through inheritance by operation of the law. the law ratifying the international treaty referred to in para 1 shall be adopted by a majority of two thirds of all members of the parliament. the land regime shall be established by law. article 23 the state shall establish conditions conducive to the free development of science, education and the arts, and shall assist that development. it shall organize the conservation of all national monuments of history and culture. article 24 the republic of bulgaria shall conduct its foreign policy in accordance with the principles and norms of international law. the foreign policy of the republic of bulgaria shall have as its highest objective the national security and independence of the country, the well-being and the fundamental rights and freedoms of the bulgarian citizens, and the promotion of a just international order. chapter ii. fundamental rights and duties of citizens article 25 a bulgarian citizen shall be anyone born of at least one parent holding a bulgarian citizenship, or born on the territory of the republic of bulgaria, should he not be entitled to any other citizenship by virtue of origin. bulgarian citizenship shall further be acquirable through naturalization. a citizen of bulgarian origin shall acquire bulgarian citizenship through a facilitated procedure. no one shall be deprived of bulgarian citizenship acquired by birth. no bulgarian citizen may be surrendered to another state or to an international tribunal for the purposes of criminal prosecution, unless the opposite is provided for by international treaty that has been ratified, published and entered into force for the republic of bulgaria. any bulgarian citizen abroad shall be accorded the protection of the republic of bulgaria. the conditions and procedure for the acquiring, preservation or loss of bulgarian citizenship shall be established by law. article 26 irrespective of where they are, all citizens of the republic of bulgaria shall be vested with all rights and duties proceeding from this constitution. foreigners residing in the republic of bulgaria shall be vested with all rights and obligations proceeding from this constitution, except those rights and duties for which bulgarian citizenship is required by this constitution or by another law. article 27 foreigners residing legally in the country shall not be expelled or extradited to another state against their will, except in accordance with the provisions and the procedures established by law. the republic of bulgaria shall grant asylum to foreigners persecuted for their opinions or activity in the defence of internationally recognized rights and freedoms. the conditions and procedure for the granting of asylum shall be established by law. article 28 everyone shall have the right to life. any attempt upon a human life shall be punished as a most severe crime. article 29 no one shall be subjected to torture or to cruel, inhuman or degrading treatment, or to forcible assimilation. no one shall be subjected to medical, scientific or other experimentation without his voluntary written consent. article 30 everyone shall be entitled to personal freedom and inviolability. no one shall be detained or subjected to inspection, search or any other infringement of his personal inviolability except on the conditions and in a manner established by law. the state authorities shall be free to detain citizens only in the urgent circumstances expressly stipulated by law, and shall immediately advise the judicial authorities accordingly. the judicial authorities shall rule on the legality of a detention within the next 24 hours. everyone shall be entitled to legal counsel from the moment of detention or from the moment of being charged. everyone shall be entitled to meet his legal counsel in private. the confidentiality of such communication shall be inviolable. article 31 anyone charged with a crime shall be brought before a court within the time established by law. no one shall be forced to plead guilty, and no one shall be convicted solely by virtue of confession. a defendant shall be considered innocent until proven otherwise by a final verdict. the rights of a defendant shall not be restricted beyond what is necessary for the purposes of a fair trial. prisoners shall be kept in conditions conducive to the exercise of those of their fundamental rights which are not restricted by virtue of their sentence. prison sentences shall be served only at the facilities established by law. there shall be no limitation to the prosecution and the execution of a sentence for crimes against peace and humanity. article 32 the privacy of citizens shall be inviolable. everyone shall be entitled to protection against any unlawful interference in his private or family affairs and against encroachments on his honour, dignity and reputation. no one shall be followed, photographed, filmed, recorded or subjected to any other similar activity without his knowledge or despite his express disapproval, except when such actions are permitted by law. article 33 the home shall be inviolable. no one shall enter or stay inside a home without its occupant's consent, except in the cases expressly stipulated by law. entry or stay inside a home without the consent of its occupant or without the judicial authorities' permission shall be allowed only for the purposes of preventing an immediately impending crime or a crime in progress, for the capture of a criminal, or in extreme necessity. article 34 the freedom and confidentiality of correspondence and all other communications shall be inviolable. exceptions to this provision shall be allowed only with the permission of the judicial authorities for the purpose of discovering or preventing a grave crime. article 35 everyone shall be free to choose a place of residence and shall have the right to freedom of movement in the territory of the country and to leave the country. this right shall be restricted only by virtue of law in the name of national security, public health, and the rights and freedoms of other citizens. every bulgarian citizen shall have the right to return to the country. article 36 the study and use of the bulgarian language shall be a right and an obligation of every bulgarian citizen. citizens whose mother tongue is not bulgarian shall have the right to study and use their own language alongside the compulsory study of the bulgarian language. the situations in which only the official language shall be used shall be established by law. article 37 the freedom of conscience, the freedom of thought and the choice of religion and of religious or atheistic views shall be inviolable. the state shall assist the maintenance of tolerance and respect among the believers from different denominations, and among believers and non-believers. the freedom of conscience and religion shall not be practised to the detriment of national security, public order, public health and morals, or of the rights and freedoms of others. article 38 no one shall be persecuted or restricted in his rights because of his views, nor shall be obligated or forced to provide information about his own or another person's views. article 39 everyone shall be entitled to express an opinion or to publicize it through words, written or oral, sound or image, or in any other way. this right shall not be used to the detriment of the rights and reputation of others, or for the incitement of a forcible change of the constitutionally established order, the perpetration of a crime, or the incitement of enmity or violence against anyone. article 40 the press and the other mass information media shall be free and shall not be subjected to censorship. an injunction on or a confiscation of printed matter or another information medium shall be allowed only through an act of the judicial authorities in the case of an encroachment on public decency or incitement of a forcible change of the constitutionally established order, the perpetration of a crime, or the incitement of violence against anyone. an injunction suspension shall lose force if not followed by a confiscation within 24 hours. article 41 everyone shall be entitled to seek, obtain and disseminate information. this right shall not be exercised to the detriment of the rights and reputation of others, or to the detriment of national security, public order, public health and morality. everyone shall be entitled to obtain information from state bodies and agencies on any matter of legitimate interest to them which is not a state or official secret and does not affect the rights of others. article 42 every citizen above the age of 18, with the exception of those placed under judicial interdiction or serving a prison sentence, shall be free to elect state and local authorities and vote in referendums. the organization and procedure for the holding of elections and referendums shall be established by law. the elections for members of the european parliament and the participation of european union citizens in the elections for local authorities shall be regulated by law. article 43 all citizens shall have the right to peaceful and unarmed assembly for meetings and demonstrations. the procedure for the organizing and holding of meetings and demonstrations shall be established by law. no notice to the municipal authorities shall be required for meetings held indoors. article 44 all citizens shall be free to associate. the organization/s activity shall not be contrary to the country's sovereignty and national integrity, or the unity of the nation, nor shall it incite racial, national, ethnic or religious enmity or an encroachment on the rights and freedoms of citizens; no organization shall establish clandestine or paramilitary structures or shall seek to attain its aims through violence. the law shall establish which organizations shall be subject to registration, the procedure for their termination, and their relationships with the state. article 45 all citizens shall have the right to lodge complaints, proposals and petitions with the state authorities. article 46 matrimony shall be a free union between a man and a woman. only a civil marriage shall be legal. spouses shall have equal rights and obligations in matrimony and the family. the form of a marriage, the conditions and procedure for its conclusion and termination, and all private and material relations between the spouses shall be established by law. article 47 the raising and upbringing of children until they come of legal age shall be a right and obligation of their parents and shall be assisted by the state. mothers shall be the object of special protection on the part of the state and shall be guaranteed prenatal and postnatal leave, free obstetric care, alleviated working conditions and other social assistance. children born out of wedlock shall enjoy equal rights with those born in wedlock. abandoned children shall enjoy the protection of the state and society. the conditions and procedure for the restriction or suspension of parental rights shall be established by law. article 48 citizens shall have the right to work. the state shall take care to provide conditions for the exercising of this right. the state shall create conditions conducive to the exercising of the right to work by the physically or mentally handicapped. everyone shall be free to choose an occupation and place of work. no one shall be compelled to do forced labour. workers and employees shall be entitled to healthy and non-hazardous working conditions, to guaranteed minimum pay and remuneration for the actual work performed, and to rest and leave, in accordance with conditions and procedures established by law. article 49 workers and employees shall be free to form trade union organizations and alliances in defence of their interests related to work and social security. employers shall be free to associate in defence of their economic interests. article 50 workers and employees shall have the right to strike in defence of their collective economic and social interests. this right shall be exercised in accordance with conditions and procedures established by law. article 51 citizens shall have the right to social security and social assistance. the state shall provide social security for the temporarily unemployed in accordance with conditions and procedures established by law. the aged without relatives and unable to support themselves, as well as invalids and the socially weak shall receive special protection from the state and society. article 52 citizens shall have the right to medical insurance guaranteeing them affordable medical care, and to free medical care in accordance with conditions and procedures established by law. medical care shall be financed from the state budget, by employers, through private and collective health-insurance schemes, and from other sources in accordance with conditions and procedures established by law. the state shall protect the health of all citizens and shall promote the development of sports and tourism. no one shall be subjected to forcible medical treatment or sanitary measures except in circumstances established by law. the state shall exercise control over all medical facilities and over the production and trade in pharmaceuticals, biologically active substances and medical equipment. article 53 everyone shall have the right to education. school attendance up to the age of 16 shall be compulsory. primary and secondary education in state and municipal schools shall be free. in circumstances established by law, the higher educational establishments shall provide education free of charge. higher educational establishments shall enjoy academic autonomy. citizens and organizations shall be free to found schools in accordance with conditions and procedures established by law. the education they provide shall fit the requirements of the state. the state shall promote education by opening and financing schools, by supporting capable school and university students, and by providing opportunities for occupational training and retraining. it shall exercise control over all kinds and levels of schooling. article 54 everyone shall have the right to avail himself of the national and universal human cultural values and to develop his own culture in accordance with his ethnic self identification, which shall be recognized and guaranteed by the law. artistic, scientific and technological creativity shall be recognized and guaranteed by the law. the state shall protect all inventors' rights, copyrights and related rights. article 55 everyone shall have the right to a healthy and favorable environment corresponding to established standards and norms. they shall protect the environment. article 56 everyone shall have the right to legal defence whenever his rights or legitimate interests are violated or endangered. he shall have the right to be accompanied by legal counsel when appearing before an agency of the state. article 57 the fundamental civil rights shall be irrevocable. rights shall not be abused, nor shall they be exercised to the detriment of the rights or the legitimate interests of others. following a proclamation of war, martial law or a state of emergency the exercise of individual civil rights may be temporarily curtailed by law, except for the rights established by article 28, article 29, article 31 paras 1, 2 and 3, article 32 para 1, and article 37. article 58 all citizens shall observe and implement the constitution and the laws. they shall respect the rights and the legitimate interests of others. obligations established by the constitution and the law shall not be defaulted upon on grounds of religious or other convictions. article 59 to defend the country shall be a duty and a matter of honour of every bulgarian citizen. high treason and betrayal of the country shall be treated as crimes of utmost gravity and shall be punished with all the severity of the law. the training of the citizens to defend the country shall be established by law. article 60 citizens shall pay taxes and duties established by law proportionately to their income and property. any tax concession or surtax shall be established by law. article 61 citizens shall assist the state and society in the case of a natural or other disaster, on conditions and in a manner established by law. chapter iii. national assembly article 62 the national assembly shall be vested with the legislative authority and shall exercise parliamentary control. the national assembly shall have an independent budget. article 63 the national assembly shall consist of 240 members. article 64 the national assembly shall be elected for a term of four years. in case of war, armed hostilities or another state of emergency occurring during or after the expiry of the national assembly's term, its mandate shall be extended until the expiry of the circumstances. elections for a new national assembly shall be held within two months from the expiry of the mandate of the preceding one. article 65 eligible for election to the national assembly shall be any bulgarian citizen who does not hold another citizenship, is above the age of 21, is not under a judicial interdiction, and is not serving a prison sentence. a candidate for a national assembly seat who is in civil service shall suspend its performance upon the registration of his candidacy. article 66 the legitimacy of an election may be contested before the constitutional court by a procedure established by law. article 67 members of the national assembly shall represent not only their constituencies but the entire nation. no member shall be held to a mandatory mandate. members of the national assembly shall act on the basis of the constitution and the laws and in accordance with their conscience and convictions. article 68 a member of the national assembly shall not occupy another state post, nor shall engage in any other activity which the law defines as incompatible with the status of a member of the national assembly. a member of the national assembly elected as a minister shall cease to serve as a member during his term of office as a minister. during that period, he shall be substituted in the national assembly in a manner established by law. article 69 members of the national assembly shall not be held criminally liable for their opinions or votes in the national assembly. article 70 a member of the national assembly shall be immune from detention or criminal prosecution except for the perpetration of an criminal offence, and in such case the permission of the national assembly or, in between its session, of the chairperson of the national assembly, shall be required. no permission shall be required when a member is detained in flagrante delicto; the national assembly or, in between its session, the chairperson of the national assembly, shall be notified forthwith. no permission for initiating criminal prosecution shall be required, where the member of the national assembly has given his consent thereto in writing. article 71 the national assembly shall establish the emoluments of its members. article 72 a member's prerogatives shall expire before the expiry of his term of office upon any of the following occurrences: resignation presented before the national assembly; entry into force of a final sentence imposing imprisonment for an intentional criminal offence, or if the enforcement of the imprisonment sentence has not been suspended; establishment of ineligibility or incompatibility; death. cases referred to in items 1 and 2 shall require a resolution of the national assembly; cases referred to in item 3 shall require a ruling by the constitutional court. article 73 the national assembly shall be organized and shall act in accordance with the constitution and its own internal rules. article 74 the national assembly shall be a permanently acting body. it shall be free to determine its recesses. article 75 a newly elected national assembly shall be convened for a first session by the president of the republic within a month following its election. should the president fail to do so, it shall be convened by one-fifth of the members of the national assembly. article 76 the first session of the national assembly shall be opened by the senior present member. at the first session the members shall swear the following oath: "i swear in the name of the republic of bulgaria to observe the constitution and the laws of the country and in all my actions to be guided by the interests of the people. i have sworn." the national assembly shall elect at the same session its chairperson and deputy chairpersons. article 77 the chairperson of the national assembly shall: represent the national assembly; propose the agenda for each session; open, chair and close the sessions of the national assembly and maintain orderly proceedings; attest by his signature the contents of the acts passed by the national assembly; promulgate all resolutions, declarations and addresses passed by the national assembly; organize the national assembly's international contacts. the deputy chairpersons of the national assembly shall assist the chairperson and carry out any activities devolved by him. article 78 the national assembly shall be convened for its sessions by its chairperson: on his own initiative; at the request of one-fifth of its members; at the request of the president; at the request of the council of ministers. article 79 the national assembly shall elect standing and ad hoc committees from among its members. the standing committees shall aid the work of the national assembly and shall exercise parliamentary control on its behalf. ad hoc committees shall be elected to conduct inquiries and investigations. article 80 any official or citizen subpoenaed by a parliamentary committee shall be obligated to testify and present any required documents. article 81 the national assembly shall open its sessions and pass resolutions when more than half of its members are present. the national assembly shall pass laws and other acts by a majority of more than one-half of the present members, except when a qualified majority is required by the constitution. voting shall be personal and open, except when the constitution requires or the national assembly resolves on a secret ballot. article 82 sessions of the national assembly shall be public. the national assembly may by exception resolve to hold some sessions behind closed doors. article 83 ministers shall be free to attend the sessions of the national assembly and the parliamentary committees. they shall be given priority in addressing the members. the national assembly and the parliamentary committees shall be free to order ministers to attend their sessions and respond to questions. article 84 the national assembly shall: pass, amend, supplement, and repeal the laws; pass the state budget and the budget report; establish the taxes and determine the size of the state taxes; schedule the elections for a president of the republic; pass resolution on the holding of a national referendum; elect and remove the prime minister and, on his motion, the members of the council of ministers; effect changes in the government on a motion from the prime minister; create, transform and close down ministries on a motion from the prime minister; elect and remove the governor of the bulgarian national bank and the heads of other institutions established by law; approve state-loan agreements; resolve on the declaration of war and conclusion of peace; approve any deployment and use of bulgarian armed forces outside the country's borders, and the deployment of foreign troops on the territory of the country or their crossing of that territory; on a motion from the president or the council of ministers, introduce martial law or a state of emergency on all or part of the country's territory; grant amnesty; institute orders and medals; establish the official holidays; hear and adopt the annual reports of the supreme court of cassation, of the supreme administrative court and of the prosecutor general, as submitted by the supreme judicial council, on the application of the law and on the operation of the courts, the prosecuting magistracy and the investigating authorities. the national assembly may also hear and adopt other reports by the prosecutor general on the operation of the prosecuting magistracy on the application of the law, counteraction of crime and implementation of penal policy; hold a hearing and pass reports on the activity of bodies, wholly or partially appointed by the national assembly, where this is provided by law. article 85 the national assembly shall ratify or denounce by law all international treaties which: are of a political or military nature; concern the republic of bulgaria's participation in international organizations; envisage corrections to the borders of the republic of bulgaria; contain obligations for the treasury; envisage the state's participation in international arbitration or legal proceedings; concern fundamental human rights; affect the action of the law or require new legislation in order to be enforced; expressly require ratification; confer to the european union powers ensuing from this constitution. the law ratifying the international treaty referred to in para 1, item 9 shall be adopted by a majority of two-thirds of all members of the parliament. treaties ratified by the national assembly may be amended or denounced only by their built in procedure or in accordance with the universally acknowledged norms of international law. the conclusion of an international treaty requiring an amendment to the constitution shall be preceded by the passage of such an amendment. article 86 the national assembly shall pass laws, resolutions, declarations and addresses. the laws and resolutions passed by the national assembly shall be binding on all state bodies, all organizations and all citizens. article 87 any member of the national assembly or the council of ministers shall have the right to introduce a bill. the state budget bill shall be drawn up and presented by the council of ministers. article 88 bills shall be read and voted upon twice, during different sessions. by way of exception, the national assembly may resolve to hold both ballots during a single session. all other acts of the national assembly shall require a single ballot. each passed act shall be promulgated in state gazette within 15 days of being passed. article 89 a motion of no confidence in the council of ministers shall require seconding by at least one-fifth of the members of the national assembly. to be passed, the motion shall require a majority of more than half of the votes of all national assembly members. should the national assembly vote no confidence in the prime minister or the council of ministers, the prime minister shall hand in his government's resignation. should the national assembly reject a vote of no confidence in the council of ministers, the next motion for a vote of no confidence on the same grounds shall not be made within six months. article 90 members of the national assembly shall have the right to address questions and interpellations to the council of ministers and to individual ministers, who shall be obligated to respond. a motion by one-fifth of the members of the national assembly shall be required to turn an interpellation into a debate on which a resolution shall be passed. article 91 the national assembly shall establish a national audit office to supervise the implementation of the budget. the organization, authority and procedures by which the national audit office shall act shall be established by law. article 91a the national assembly shall elect an ombudsman, who shall defend the rights and freedoms of the citizens. the powers and activities of the ombudsman shall be regulated by a law. chapter iv. president of the republic article 92 the president shall be the head of state. he shall embody the unity of the nation and shall represent the state in its international relations. the president shall be assisted in his actions by a vice president. article 93 the president shall be elected directly by the voters for a period of five years by a procedure established by law. eligible for president shall be any natural-born bulgarian citizen over 40 years of age and qualified to be elected to the national assembly, who has resided in the country for the five years preceding the election. to be elected, a candidate shall require more than one half of the valid ballots, provided that more than half of all eligible voters have cast their ballots in the election. should none of the candidates for president be elected, a second round vote shall be held within seven days between the two top candidates. the winner shall be the candidate who wins the majority of the vote. a presidential election shall be held not earlier than three months and not later than two months before the expiry of the term of office of the incumbent president. the constitutional court shall rule upon any challenge to the legality of a presidential election no later than one month after the election. article 94 the vice president shall be elected at the same time and on the same ticket as the president, on the same conditions and by the same procedure. article 95 the president and the vice president shall be eligible for only one re-election to the same office. the president and the vice president shall not serve as members of the national assembly or engage in any other state, public or economic activity, nor shall they participate in the leadership of any political party. article 96 the president and the vice president shall swear before the national assembly the oath established by article 76 para 2. article 97 the president's or vice president's authority shall expire before the expiry of his term of office upon any of the following occurrences: resignation submitted before the constitutional court; permanent de facto inability to perform his duties caused by grave illness; pursuant to article 103. death; in the cases referred to in items 1 and 2, the prerogatives of the president or vice president shall be suspended upon the constitutional court's establishing the existence of the respective circumstances; in the cases referred to in para 1, the vice president shall assume the duties of the president until the expiry of the term of office. should the vice president be incapable of assuming the president's duties, the president's prerogatives shall be assumed by the chairperson of the national assembly until the election of a new president and vice president. elections for president and vice president shall then be held within two months. article 98 the president of the republic shall: schedule the elections for a national assembly and for the bodies of local self-government and shall set the date for national referendums pursuant to a resolution of the national assembly; address the nation and the national assembly; conclude international treaties in the circumstances established by the law; promulgate the laws; on a motion from the council of ministers, determine the borders of the administrative territorial units and their centers; on a motion from the council of ministers, appoint and remove the heads of the republic of bulgaria's diplomatic and permanent missions at international organizations, and receive the credentials and the letters of recall of the foreign diplomatic representatives to this country; appoint and remove from office other state officials, established by law; award orders and medals; grant, restore, relieve from and withdraw bulgarian citizenship; grant asylum; exercise the right to pardon. cancel uncollectible debts to the state; name landmarks and communities of national importance; inform the national assembly on basic problems within his prerogatives. article 99 following consultations with the parliamentary groups, the president shall appoint the prime minister-designate nominated by the party holding the highest number of seats in the national assembly to form a government. should the prime minister-designate fail to form a government within seven days, the president shall entrust this task to a prime minister-designate nominated by the second largest parliamentary group. should the new prime minister-designate also fail to form a government within the period established by the preceding paragraph, the president shall entrust the task to a prime minister-designate nominated by one of the minor parliamentary groups. should the consultations prove successful, the president shall ask the national assembly to elect the prime minister designate. should no agreement on the formation of a government be reached, the president shall appoint a caretaker government, dissolve the national assembly and schedule new elections within the period established by article 64 para 3. the president's act on the dissolution of the national assembly shall also establish the date of the new general elections. the procedure for forming a government established by the preceding paragraphs shall further apply in the cases referred to in article 111 para 1. in the cases referred to in paras 5 and 6, the president shall not dissolve the national assembly during the last three months of his term of office. should parliament fail to form a government within the established period, the president shall appoint a caretaker government. article 100 the president shall be the supreme commander in chief of the armed forces of the republic of bulgaria. the president shall appoint and remove the higher command of the armed forces and shall bestow all higher military ranks on a motion from the council of ministers. the president shall preside over the consultative national security council, the status of which shall be established by law. the president shall proclaim general or partial mobilization on a motion from the council of ministers in accordance with the law. the president shall proclaim a state of war in the case of an armed attack against bulgaria or whenever urgent actions are required by virtue of an international commitment, or shall proclaim martial law or any other state of emergency whenever the national assembly is not in session and cannot be convened. the national assembly shall then be convened forthwith to endorse the decision. article 101 within the term established by article 88 para 3, the president shall be free to return a bill together with his motives to the national assembly for further debate, which shall not be refused. the new passage of such a bill shall require a majority of more than half of all members of the national assembly. following a new passage of the bill by the national assembly, the president shall promulgate it within seven days following its receipt. article 102 within the prerogatives vested in him, the president shall issue decrees, addresses and messages. the president's decrees shall be countersigned by the prime minister or the minister concerned. no countersigning shall be required for decrees pertaining to: the appointment of a caretaker government; the appointment of a prime minister-designate; dissolution of the national assembly; return of a bill to the national assembly for further debate; the organization and manner of action of the offices of the presidency and the appointment of their staff; the scheduling of an election or referendum; the promulgation of law. article 103 the president and vice president shall not be held liable for actions committed in the performance of their duties, except for high treason, or a violation of the constitution. an impeachment shall require a motion from no fewer than one quarter of all members of the national assembly and shall stand if supported by more than two-thirds of the members. an impeachment against the president or vice president shall be tried by the constitutional court within a month following the lodging of the impeachment. should the constitutional court convict the president or vice president of high treason, or of a violation of the constitution, the president's or vice president's prerogatives shall be suspended. no one shall place the president or the vice president under detention, nor shall initiate criminal prosecution against them. article 104 the president shall be free to devolve to the vice president the prerogatives established by article 98 items 7, 9, 10 and 11. chapter v. council of ministers article 105 the council of ministers shall direct and conduct state's domestic and foreign policy in accordance with the constitution and the laws. the council of ministers shall ensure the public order and national security and shall exercise overall guidance over the state administration and the armed forces. the council of ministers shall inform the national assembly on issues concerning the obligations of the republic of bulgaria resulting from its membership in the european union. when participating in the drafting and adoption of european union instruments, the council of ministers shall inform the national assembly in advance, and shall give detailed account for its actions. article 106 the council of ministers shall manage the implementation of the state budget; organize the management of the state's assets; conclude, confirm or denounce international treaties when authorized to do so by law. article 107 the council of ministers shall rescind any illegitimate or improper act issued by a minister. article 108 the council of ministers shall consist of a prime minister, deputy prime ministers and ministers. the prime minister shall head, coordinate and bear responsibility for the overall policy of the government. he shall appoint and remove the deputy ministers. each member of the council of ministers shall head a ministry, except when the national assembly resolves otherwise. each minister shall account for his own activity. article 109 the members of the council of ministers shall swear before the national assembly an oath envisaged in article 76 para 2. article 110 eligible for election to the council of ministers shall be any bulgarian citizen qualified to be elected to the national assembly. article 111 the authority of the council of ministers shall expire upon any of the following occurrences: a vote of no confidence in the council of ministers or the prime minister; the resignation of the council of ministers or the prime minister; death of the prime minister. the council of ministers shall hand in its resignation before the newly elected national assembly. should any of the above occur, the council of ministers shall continue to act until the election of a new council of ministers. article 112 the council of ministers shall be free to ask the national assembly's vote of confidence in its overall policy, its programme declaration, or on a specific issue. a resolution shall require a majority of more than half of the votes of the national assembly members present. should the council of ministers fail to receive the requested vote of confidence, the prime minister shall hand in the government's resignation. article 113 a member of the council of ministers shall not hold a post or engage in any activity incompatible with the status of a member of the national assembly. the national assembly shall be free to determine any other post or activity which a member of the council of ministers shall not hold or engage in. article 114 pursuant to and in implementation of the laws, the council of ministers shall adopt decrees, ordinances and resolutions. the council of ministers shall drafts rules and regulations by decree. article 115 the ministers shall issue rules, regulations, instructions and orders. article 116 state employees shall be the executors of the nation's will and interests. in the performance of their duty they shall be guided solely by the law and shall be politically neutral. the conditions for the appointment and removal of state employees and the conditions on which they shall be free to belong to political parties and trade unions, as well as to exercise their right to strike shall be established by law. chapter vi. the judiciary article 117 the judiciary shall protect the rights and legitimate interests of all citizens, legal entities and the state. the judiciary shall be independent. in the performance of their functions, all judges, court assessors, prosecutors and investigating magistrates shall be subservient only to the law. the judiciary shall have an independent budget. article 118 all judicial power shall be exercised in the name of the people. article 119 justice shall be administered by the supreme court of cassation, the supreme administrative court, courts of appeal, regional courts, courts-martial and district courts. specialized courts may be set up by virtue of law. there shall be no extraordinary courts. article 120 the courts shall supervise the legality of the acts and actions of the administrative bodies. citizens and legal entities shall be free to challenge any administrative act which affects them, except those listed expressly by the laws. article 121 the courts shall ensure equality and equal opportunities for all the parties in the judicial trail to present their case. judicial proceedings shall ensure the establishment of truth. all courts shall conduct their hearings in public, unless provided otherwise by law. all court rulings shall be motivated. article 122 citizens and legal entities shall have the right to legal counsel at all stages of a trial. the procedure by which the right to legal counsel shall be practiced shall be established by law. article 123 court assessors shall participate in the trial process in certain cases established by law. article 124 the supreme court of cassation shall exercise supreme judicial oversight as to the precise and equal application of the law by all courts. article 125 the supreme administrative court shall exercise supreme judicial oversight as to the precise and equal application of the law in administrative justice. the supreme administrative court shall rule on all challenges to the legality of acts of the council of ministers and the ministers, and any other acts envisaged by the law. article 126 the structure of the prosecution office shall correspond to that of the courts. the prosecutor general shall oversee the legality and provide methodological guidance to all other prosecutors. article 128 the investigating magistracy shall be within the system of the judiciary. they shall conduct investigation of criminal cases where it is prescribed by the law. article 129 judges, prosecutors, and investigating magistrates shall be appointed, promoted, demoted, transferred and released from office by the judges chamber or, respectively, by the prosecutors chamber of the supreme judicial council. the chairman of the supreme court of cassation, the chairman of the supreme administrative court, and the prosecutor general shall be appointed and released by the president of the republic on a motion by the plenum of the supreme judicial council for a single term of seven years. the president may not refuse to decree any such appointment or release upon a second motion. after completing a fifth year in the office as a judge, prosecutor or investigating magistrate and after appraisal, judges, prosecutors and investigating magistrates shall acquire a tenure status by a decision of the judges chamber or, respectively, of the prosecutors chamber of the supreme judicial council. they, including the persons covered under paragraph (2), may be released from office solely upon: completion of 65 years of age; resignation; entry into force of a final sentence imposing imprisonment for an intentional criminal offence; permanent de facto inability to perform their duties for more than a year; serious infringement or systematic neglect of their official duties, as well as actions undermining the prestige of the judiciary. in the cases under para 3, item 5, the chairman of the supreme court of cassation, the chairman of the supreme administrative court and the prosecutor general shall be removed from office by the president of the republic, also upon proposal of one-fourth of the members of the national assembly, adopted by a two-thirds majority of the members of the national assembly. the president shall not deny the removal upon a repeated proposal. in cases of removal from office under para 3, items 2 and 4, the acquired irremovably shall be restored upon subsequent appointment to the office of a judge, prosecutor or investigating magistrate. the heads of the judicial bodies, except for those referred to in para 2, shall be appointed for a period of 5 years and are eligible for a second mandate. article 130 the supreme judicial council shall consist of 25 members. sitting on it ex officio shall be the chairman of the supreme court of cassation, the chairman of the supreme administrative court and the prosecutor general. eligible for election to the supreme judicial council besides its ex officio members shall be practising lawyers of high professional and moral integrity with at least 15 years of professional experience. eleven of the members of the supreme judicial council shall be elected by the national assembly by a majority of two-thirds of the national representatives, and eleven shall be elected by the judicial authorities. the members of the supreme judicial council shall be elected under the terms established by article 130a (3) and (4) herein and according to a procedure established by statute. the elected members of the supreme judicial council shall serve terms of five years. they shall not be eligible for immediate re-election. (revoked sg 100/2015) (revoked sg 100/2015) (revoked sg 100/2015) the mandate of an elected member of the supreme judicial council shall expire upon any of the following occurrences: resignation; final judicial act for a committed crime; permanent de facto inability to perform his/her duties for more than one year; disciplinary removal from office or deprival from the right to pursue legal profession or activity. in case of termination of the mandate of an elected member of the supreme judicial council, a new member from the same quota shall be elected, who shall hold the office until the expiry of the mandate. article 130a the supreme judicial council shall implement the powers thereof through a plenum, a judges chamber and a prosecutors chamber. the plenum shall consist of all members of the supreme judicial council. the plenum of the supreme judicial council shall perform the following functions: adopt the draft judiciary budget; adopt a decision on termination of the credentials of an elective member of the supreme judicial council under the terms established by article 130 (8) herein; arrange the continuing education of judges, prosecutors, and investigating magistrates; addresses organizational matters common to the judiciary; hear and adopt the annual reports referred to in item 16 of article 84 herein; administrate the corporeal immovables of the judiciary; make motions to the president of the republic for the appointment and release of the president of the supreme court of cassation, the president of the supreme administrative court and the prosecutor general; implement other powers as well, determined by statute. the judges chamber of the supreme judicial council shall consist of 14 members and shall comprise the presidents of the supreme court of cassation and of the supreme administrative court, six members elected directly by the judges, and six members elected by the national assembly. the prosecutors chamber of the supreme judicial council shall consist of 11 members and shall comprise the prosecutor general, four members elected directly by the prosecutors, one member elected directly by the investigating magistrates, and five members elected by the national assembly. the chambers, each acting within its professional domain, shall perform the following functions: appoint, promote, transfer and release from office the judges, prosecutors and investigating magistrates; periodically appraise the judges, prosecutors, investigating magistrates and the administrative heads in the judicial authorities and address matters concerning the acquisition and restoration of a tenure status; impose the disciplinary sanctions of demotion and release from office on the judges, prosecutors, investigating magistrates and administrative heads in the judicial authorities; appoint and release the administrative heads in the judicial authorities; address matters concerning the organization of the operation of the respective system of judicial authorities; implement other powers as well, determined by statute. article 130b the meetings of the plenum of the supreme judicial council shall be presided over by the minister of justice. the said minister shall attend in a non-voting capacity. the judges chamber of the supreme judicial council shall be chaired by the president of the supreme court of cassation. the prosecutors chamber of the supreme judicial council shall be chaired by the prosecutor general. the minister of justice may attend the meetings in a non-voting capacity. the inspector general may attend the meetings of the plenum of the supreme judicial council and the meetings of the judges chamber and the prosecutors chamber of the supreme judicial council in a nonvoting capacity. article 130c the minister of justice: shall propose a draft judiciary budget and shall lay the said draft before the supreme judicial council; (repealed, sg no. 100/2015); may propose the appointment, promotion, demotion, transfer and release from office of judges, prosecutors and investigating magistrates; shall participate in the arrangements for the continuing education of judges, prosecutors and investigating magistrates; (repealed, sg no. 12/2007). article 131 (revoked sg 100/2015) article 132 when exercising the judicial function, the judges, prosecutors and investigating magistrates shall bear no civil or criminal liability for their official actions or for the acts rendered by them, except where the act performed constitutes an indictable intentional offence. (revoked sg 12/07). (revoked sg 12/07). (revoked sg 12/07). article 132a an inspectorate shall be established to the supreme judicial council, which shall be composed of a chief inspector and ten inspectors. the chief inspector shall be elected by the national assembly by a majority of two-thirds of the members for a term of five years. the inspectors shall be elected by the national assembly for a term of four years pursuant to the procedure laid down in paragraph 2. the chief inspector and the inspectors may be re-elected, however not for two consecutive mandates. the budget of the inspectorate shall be adopted by the national assembly within the frames of the budget of the judiciary. the inspectorate shall examine the operation of the judicial authorities without affecting the independence of judges, jurors, prosecutors and investigating magistrates in the performance of the functions thereof. the inspectorate shall conduct checks for integrity and conflict of interest of judges, prosecutors and investigating magistrates, of the financial interest disclosure declarations thereof, as well as for ascertaining any actions damaging the prestige of the judiciary and such violating the independence of judges, prosecutors and investigating magistrates. the inspector general and the inspectors shall be independent in the performance of the functions thereof and shall be subservient only to the law. the inspectorate shall act ex officio, on an initiative by the citizens, legal entities or state bodies, including judges, prosecutors and investigating magistrates. the inspectorate shall submit an annual report on its activity to the supreme judicial council. the inspectorate shall send signals, proposals and reports to other state bodies, including the competent judiciary bodies. the inspectorate shall provide public information about its activity. the conditions and procedure applicable to election and removal from office of the chief inspector and the inspectors, as well as the organisation and the activity of the inspectorate shall be established by law. article 133 the organization and the activity of the supreme judicial council, of the courts, the prosecution office and the investigating magistracy, the status of the judges, prosecutors and investigating magistrates, the conditions and the procedure for the appointment and removal from office of judges, court assessors, prosecutors and investigating magistrates and the materialization of their liability shall be established by law. article 134 the bar shall be free, independent and autonomous. it shall assist citizens and legal entities in the defence of their rights and legitimate interests. the organization and manner of activity of the bar shall be established by law. chapter vii. local self-government and local administration article 135 the territory of the republic of bulgaria shall be divided into municipalities and regions. the territorial division and the prerogatives of the capital city and the other major cities shall be established by law. other administrative territorial units and bodies of self government shall be establishable by law. article 136 a municipality shall be the basic administrative territorial unit at the level of which self-government shall be practiced. citizens shall participate in the government of the municipality both through their elected bodies of local self government and directly, through a referendum or a general meeting of the populace. the borders of a municipality shall be established following a referendum of the populace. a municipality shall be a legal entity. article 137 municipalities shall be free to associate in the solution of common matters. the law shall establish conditions conducive to association among municipalities. article 138 the body of local self-government within a municipality shall be a municipal council elected directly by the populace for a term of four years by a procedure envisaged by the law. article 139 the mayor shall be the executive power within a municipality. he shall be elected for a term of four years by the populace or by the municipal council in a manner established by law. in his activity a mayor shall be guided by the law, the acts of the municipal council and the decisions of the populace. article 140 a municipality shall be entitled to own municipal property, which it shall use to the interest of the territorial community. article 141 a municipality shall have its own budget. a municipality's permanent sources of revenue shall be established by law. the municipal council shall determine the size of local taxes under conditions, by a procedure and within the frames, established by law. the municipal council shall determine the size of local charges by a procedure, established by law. the state shall ensure the normal work of the municipalities through budget appropriations and other means. article 142 the region shall be an administrative territorial unit for the conduct of a regional policy, the implementation of state governance on a local level, and the ensuring the concurrance of national and local interests. article 143 each region shall be governed by a regional governor aided by a regional administration. a regional governor shall be appointed by the council of ministers. the regional governor shall ensure the implementation of the state's policy, the safeguarding of the national interests, law and public order, and shall exercise administrative control. article 144 the central bodies of state and their territorial sub divisions shall exercise control over the legality of the acts of the bodies of local government only when authorized to do so by law. article 145 a municipal council shall be free to challenge before a court any act which infringes its rights. article 146 the organization and the procedures of the bodies of local self-government and local administration shall be established by law. chapter viii. constitutional court article 147 the constitutional court shall consist of 12 judges, one third of whom shall be elected by the national assembly, one third shall be appointed by the president, and one-third shall be elected by a joint meeting of the judges of the supreme court of cassation and the supreme administrative court. the judges of the constitutional court shall be elected or appointed for a period of nine years and shall not be eligible for re-election or re-appointment. the make-up of the constitutional court shall be renewed every three years from each quota, in a rotation order established by law. the judges of the constitutional court shall be lawyers of high professional and moral integrity and with at least fifteen years of professional experience. the judges of the constitutional court shall elect by secret ballot a chairman of the court for a period of three years. the status of a judge of the constitutional court shall be incompatible with a representative mandate, or any state or public post, or membership in a political party or trade union, or with the practicing of a free, commercial, or any other paid occupation. a judge of the constitutional court shall enjoy the same immunity as a member of the national assembly. article 148 the mandate of a judge of the constitutional court shall expire upon any of the following occurrences: the expiry of the term of office; resignation submitted before the constitutional court; entry into force of a final sentence imposing imprisonment for an intentional criminal offence; permanent de facto inability to perform his duties for more than a year; incompatibility with an office or activity referred to in article 147 para 5. death. the constitutional court shall lift the immunity of a judge or establish his de facto inability to perform his duties by a secret ballot requiring a majority of at least two-thirds of the votes of all justices. where the mandate of a constitutional judge is terminated, a new judge from the same quota shall be appointed or elected within one month. article 149 the constitutional court shall: provide binding interpretations of the constitution; rule on constitutionality of the laws and other acts passed by the national assembly and the acts of the president; rule on competence suits between the national assembly, the president and the council of ministers, and between the bodies of local self-government and the central executive branch of government; rule on the compatibility between the constitution and the international treaties concluded by the republic of bulgaria prior to their ratification, and on the compatibility of domestic laws with the universally recognized norms of international law and the international treaties to which bulgaria is a party; rule on challenges to the constitutionality of political parties and associations; rule on challenges to the legality of the election of the president and vice president; rule on challenges to the legality of an election of a member of the national assembly; rule on impeachments by the national assembly against the president or the vice president. no authority of the constitutional court shall be vested or suspended by law. article 150 the constitutional court shall act on an initiative from not fewer than one-fifth of all members of the national assembly, the president, the council of ministers, the supreme court of cassation, the supreme administrative court or the prosecutor general. a challenge to competence pursuant to para 1 item 3 of the preceding article may further be filed by a municipal council. should it find a discrepancy between law and the constitution, the supreme court of cassation or the supreme administrative court shall suspend the proceedings on a case and shall refer the matter to the constitutional court. the ombudsman may approach the constitutional court with a request for declaring as unconstitutional a law which infringes human rights and freedoms. the supreme judicial council may approach the constitutional court with a petition to establish unconstitutionality of any law whereby any rights and freedoms of citizens are violated. article 151 a ruling of the constitutional court shall require a majority of more than half of the votes of all judges. rulings of the constitutional court shall be promulgated in state gazette within 15 days from the date on which they are issued. a ruling shall come into force three days after its promulgation. any act found to be unconstitutional shall cease to apply as of the date on which the ruling shall come into force. any portion of a law which is not ruled unconstitutional shall remain in force. article 152 the organization and the manner of proceeding of the constitutional court shall be established by law. chapter ix. amendments to the constitution, adoption of a new constitution article 153 the national assembly shall be free to amend all provisions of the constitution except those within the prerogatives of the grand national assembly. article 154 the initiative to introduce a constitutional amendment bill shall belong to one quarter of the members of the national assembly and to the president. an amendment bill shall be debated by the national assembly not earlier than one month and not later than three months from the date on which it is introduced. article 155 a constitutional amendment shall require a majority of three quarters of the votes of all members of the national assembly in three ballots on three different days. a bill which has received less than three quarters but more than two-thirds of the votes of all members shall be eligible for reintroduction after not fewer than two months and not more than five months. to be passed at this new reading, the bill shall require a majority of two-thirds of the votes of all members. article 156 an amendment to the constitution shall be signed and promulgated in state gazette by the chairperson of the grand national assembly within seven days of being passed. article 157 a grand national assembly shall consist of 400 members elected according to the election law in force. article 158 a grand national assembly shall: adopt a new constitution; resolve on any changes in the territory of the republic of bulgaria and ratify any international treaty envisaging such a change. resolve on any changes in the form of state structure or form of government; resolve on any amendment to article 5 paras 2 and 4 and article 57 paras 1 and 3 of this constitution; resolve on any amendment to chapter nine of the constitution. article 159 only the president or at least half of the members of the grand national assembly have the right to introduce an amendment bill pursuant to the preceding article. the draft of a new constitution or a proposed amendment to the existing constitution, and any bill to introduce a change in the territory of the country pursuant to article 158 shall be debated by the national assembly not earlier than two months and not later than five months from the date on which it is introduced. article 160 a resolution by the national assembly announcing elections for a grand national assembly shall require a majority of two-thirds of the votes of all members. the president shall schedule the elections for a grand national assembly within three months of the national assembly's resolution being passed. the mandate of the national assembly shall expire with the holding of the elections for a grand national assembly. article 161 to pass a bill, the grand national assembly shall require a majority of two-thirds of the votes of all members, in three ballots on three different days. article 162 a grand national assembly shall resolve only on the constitutional amendment bills for which it has been elected. in an emergency, a grand national assembly shall further perform the functions of a national assembly. the prerogatives of a grand national assembly shall expire after it resolves on all matters for which it has been elected. the president shall then schedule elections by a procedure established by law. article 163 an act of the grand national assembly shall be signed and promulgated in state gazette by the assembly's chairperson within seven days of it being passed. chapter x. coat of arms, seal, flag, anthem, capital article 164 the coat of arms of the republic of bulgaria shall depict a gold lion rampant on a dark gules shield. article 165 the state seal shall depict the coat of arms of the republic of bulgaria. article 166 the flag of the republic of bulgaria shall be a tricolor: white, green, and red from top, placed horizontally. article 167 the rules for the placing of the state seal and the raising of the national flag shall be established by law. article 168 the national anthem of the republic of bulgaria shall be the song "mila rodino". article 169 the republic of bulgaria shall have for its capital the city of sofia. transitional and concluding provisions article 1 the grand national assembly shall dissolve itself after the adoption of the constitution. the grand national assembly shall continue to function as a national assembly until the election of a new national assembly. within this term, it shall pass bills for the election of a new national assembly, a president, bodies of local self government, and other bills. the constitutional court and the supreme judicial council shall be established within the same term. the members of the national assembly, the president, the vice president and the members of the council of ministers shall swear the oath established by this constitution at the first session of the national assembly following the coming into force of this constitution. article 2 pending the election of a supreme court of cassation and a supreme administrative court, their prerogatives pursuant to article 130 para 3 and article 147 para 1 of the constitution shall be exercised by the supreme court of the republic of bulgaria. article 3 the provisions of the existing laws shall be applicable on condition that they do not contravene the constitution. within a year from this constitution's coming into force, the national assembly shall rescind those provisions of the existing laws which have not been rescinded by virtue of the direct force of the constitution pursuant to its article 5 para 2. the laws required expressly by this constitution shall be passed by the national assembly within three years. article 4 the organization of the judiciary established by the constitution shall come into force following the passing of the new structural and procedural laws within the term established by para 2 of article 3. article 5 judges, prosecutors and investigating magistrates shall become irremovable if within three months of its formation the supreme judicial council does not rule that they lack the necessary professional merits. article 6 pending the passing of new legislation concerning bulgarian national television, bulgarian national radio and the bulgarian news agency, the national assembly shall practise the prerogatives vested in the grand national assembly with respect to these national institutions. article 7 elections for a national assembly and bodies of local self-government shall be held within three months of the self-dissolution of the grand national assembly. the date of the elections shall be scheduled by the president in accordance with his prerogatives pursuant to article 98 item 1 of the constitution. the elections for a president and a vice president shall be held within three months after the elections for a national assembly. pending the election of a president and a vice president, their functions established by this constitution shall be performed by the chairman (president) and the vice chairman (vice president). article 8 the government shall continue to perform its functions pursuant to this constitution until the formation of a new government. article 9 this constitution shall enter into force on the day on which it is promulgated in state gazette by the chairperson of the grand national assembly, and shall supersede the constitution of the republic of bulgaria adopted on may 18th, 1971 transitional and concluding provisions. to the act to amend and supplement the constitution of the republic of bulgaria article 4 within three months of the entry into force of the law amending and supplementing the constitution of the republic of bulgaria, the national assembly shall pass the laws connected with the implementation of these amendments and supplements. within three months of the entry into force of article 1, item 3, the supreme judicial council shall appoint the heads of the judicial bodies. article 5 the heads of the judicial bodies who, until the entry into force of this law, have occupied the respective administrative position for more than 5 years, may be appointed to the same position for only one more mandate. article 6 the judges, prosecutors and investigating magistrates who by the time of entry into force of this law have not completed the 3-year term of office on the respective position, shall become irremovable under the terms of article 1, item 1, of this law. article 7 article 1, item 3, shall enter into force as of 1 january 2004. final provisions article 7 article 2 shall enter into force as of the date of entry into force of the treaty concerning the accession of the republic of bulgaria to the european union and shall not apply to international treaties found. final provisions. to the act to amend and supplement the constitution of the republic of bulgaria article 12 the national assembly shall pass the laws referring to the application of these amendments and supplements, within one year following the entry into force of the law amending and supplementing the constitution of the republic of bulgaria. article 13 paragraphs 1 and 2 shall enter into force from 1 january 2008. transitional and final provisions. to the act to amend and supplement the constitution of the republic of bulgaria article 9 within three months after the entry into force of this act, the national assembly shall adopt the laws which concern the application of articles 130a and 130b of the constitution of the republic of bulgaria. article 10 the elective members of the supreme judicial council by the date of entry into force of this act shall serve for the remainder of the term of office thereof. article 11 within one month after the entry into force of the laws which concern the application of articles 130a and 130b [of the constitution of the republic of bulgaria], the supreme judicial council shall allocate the members of the council elected by the national assembly to the judges chambers and the prosecutors chamber of the supreme judicial council. in case the supreme judicial council fails to allocate the members of the council elected by the national assembly to the judges chambers and the prosecutors chamber within the time limit referred to in paragraph (1), the national assembly shall allocate the said members by a resolution. preamble whereas the peoples of the islands of saint vincent, who are known as vincentians-have affirmed that the nation is founded on the belief in the supremacy of god and the freedom and dignity of man; desire that their society be so ordered as to express their recognition of the principles of democracy, free institutions, social justice and equality before the law; realise that the maintenance of human dignity presupposes safeguarding the rights of privacy of family life, of property and the fostering of the pursuit of just economic rewards for labour; desire that their constitution should enshrine the above mentioned freedoms, principles and ideals; and whereas saint vincent (which comprises the inhabited islands of saint vincent, bequia, union island, canouan, mustique, mayreau, petite saint vincent, prune islands and all other inhabited or uninhabited islands, islets, cays or lands lying between latitudes 12° 31' 50.n and 13° 23' 30.n and longitudes 61° 07' 30.w and 61° 28' 00.w) is henceforth to be styled saint vincent and the grenadines: now, therefore, the following provisions shall have effect as the constitution of saint vincent and the grenadines:-chapter i. protection of fundamental rights and freedoms 1. fundamental rights and freedoms whereas every person in saint vincent is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-life, liberty, security of the person and the protection of the law; freedom of conscience, of expression and of assembly and association; and protection for the privacy of his home and other property and from deprivation of property without compensation, the provisions of this chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the rights and freedoms of others or the public interest. 2. protection of right to life no person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence under any law of which he has been convicted. a person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable-for the defence of any person from violence or for the defence of property; in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; for the purpose of suppressing a riot, insurrection or mutiny; or in order to prevent the commission by that person of a criminal offence, or if he dies as the result of a lawful act of war. 3. protection of right to personal liberty no person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say:-in execution of the sentence or order of a court, whether established for saint vincent or some other country, in respect of a criminal offence of which he has been convicted; in execution of the order of the high court or the court of appeal punishing him for contempt of that court or of another court or tribunal; in execution of the order of a court made to secure the fulfilment of any obligation imposed on him by law; for the purpose of bringing him before a court in execution of the order of a court; upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under any law; under the order of a court or with the consent of his parent or guardian, for his education or welfare during any period ending not later than the date when he attains the age of eighteen years; for the purpose of preventing the spread of an infectious or contagious disease; in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community; for the purpose of preventing the unlawful entry of that person into saint vincent, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from saint vincent or for the purpose of restricting that person while he is being conveyed through saint vincent in the course of his extradition or removal as a convicted prisoner from one country to another; or to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within saint vincent, or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person with a view to the making of any such order or relating to such an order after it has been made, or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of saint vincent in which, in consequence of any such order, his presence would otherwise be unlawful. any person who is arrested or detained shall with reasonable promptitude and in any case no later than twenty-four hours after such arrest or detention be informed in a language that he understands of the reasons for his arrest or detention and be afforded reasonable facilities for private communication and consultation with a legal practitioner of his own choice and, in the case of a minor, with his parents or guardian. any person who is arrested or detained-for the purpose of bringing him before a court in execution of the order of a court; or upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under any law, and who is not released, shall be brought without undue delay before a court. where any person is brought before a court in execution of the order of a court in any proceedings or upon suspicion of his having committed or being about to commit an offence, he shall not be thereafter further held in custody in connection with those proceedings or that offence save upon the order of a court. if any person arrested or detained as mentioned in subsection (3)(b) of this section is not tried within a reasonable time, without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial. any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefore from that other person or from any other person or authority on whose behalf that other person was acting: provided that a judge, a magistrate or a justice of the peace or an officer of a court or a police officer acting in pursuance of the order of a judge, a magistrate or a justice of the peace shall not be under any personal liability to pay compensation under this subsection in consequence of any act performed by him in good faith in the discharge of the functions of his office and any liability to pay any such compensation in consequence of any such act shall be a liability of the crown. for the purposes of subsection (1)(a) of this section a person charged before a court with a criminal offence in respect of whom a special verdict has been returned that he was guilty of the act or omission charged but was insane when he did the act or made the omission or that he is not guilty by reason of insanity shall be regarded as a person who has been convicted of a criminal offence and the detention of that person in consequence of such a verdict shall be regarded as detention in execution of the order of a court. 4. protection from slavery and forced labour no person shall be held in slavery or servitude. no person shall be required to perform forced labour. for the purposes of this section, the expression "forced labour" does not include-any labour required in consequence of the sentence or order of a court; labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained; any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service; any labour required during any period of public emergency or in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation. 5. protection from inhuman treatment no person shall be subjected to torture or to inhuman or degrading punishment or other treatment. 6. protection from deprivation of property no property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except for a public purpose and except where provision is made by a law applicable to that taking of possession or acquisition for the payment, within a reasonable time, of adequate compensation. every person having an interest in or right over property that is compulsorily taken possession of or whose interest in or right over any property is compulsorily acquired shall have a right of direct access to the high court for-determining the nature and extent of that interest or right; determining whether that taking of possession or acquisition was duly carried out in accordance with a law authorising the taking of possession or acquisition; determining what compensation he is entitled to under the law applicable to that taking of possession or acquisition; obtaining that compensation: provided that if parliament so provides in relation to any matter referred to in paragraph(a) or (c) of this subsection the right of access shall be by way of appeal (exercisable as of right at the instance of the person having the interest in or right over the property) from a tribunal or authority, other than the high court, having jurisdiction under any law to determine that matter. the chief justice may make rules with respect to the practice and procedure of the high court or, subject to such provision as may have been made in that behalf by parliament, with respect to the practice and procedure of any other tribunal or authority in relation to the jurisdiction conferred on the high court by subsection (2) of this section or exercisable by the other tribunal or authority for the purposes of that subsection (including rules with respect to the time within which applications or appeals to the high court or applications to the other tribunal or authority may be brought). no person who is entitled to compensation under this section shall be prevented from remitting, within a reasonable time after he has received any amount of that compensation in the form of a sum of money or, as the case may be, has received any such amount in some other form and has converted any of that amount into a sum of money, the whole of that sum of money (free from any deduction, charge or tax made or levied in respect of its remission) to any country of his choice outside saint vincent. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (4) of this section to the extent that the law in question authorises-the attachment, by order of a court, of any amount of compensation to which a person is entitled in satisfaction of the judgment of a court or pending the determination of civil proceedings to which he is a party; the imposition of reasonable restrictions on the manner in which any sum of money is to be remitted; or the imposition of reasonable restrictions upon the remission of any sum of money in order to prevent or regulate the transfer to a country outside saint vincent of capital raised in saint vincent, or in some other country or derived from the natural resources of saint vincent. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) of this section-to the extent that the law in question makes provision for the taking of possession or acquisition of any property, interest or right-in satisfaction of any tax, rate or due; by way of penalty for breach of any law or forfeiture in consequence of breach of any law; as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract; in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations; in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or likely to be injurious to the health of human beings, animals or plants; in consequence of any law with respect to the limitation of actions; or, for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, for the purposes of the carrying out thereon of work of soil conservation or the conservation of other natural resources or work relating to agricultural development or improvement (being work relating to such development or improvement that the owner or occupier of the land has been required, and has without reasonable excuse refused or failed, to carry out), and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society; or to the extent that the law in question makes provision for the taking of possession or acquisition of any of the following property (including an interest in or right over property), that is to say-enemy property; property of a deceased person, a person of unsound mind or a person who has not attained the age of eighteen years, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein; property of a person adjudged bankrupt or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the bankrupt or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; or property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust. nothing contained in or done under the authority of any law enacted by parliament shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision for the compulsory taking of possession of any property, or the compulsory acquisition of any interest in or right over property, where that property, interest or right is held by a body corporate established by law for public purposes in which no monies have been invested other than monies provided by parliament. in this section-"property" means any land or other thing capable of being owned or held in possession and includes any right relating thereto, whether under a contract, trust or law or otherwise and whether present or future, absolute or conditional; "acquisition", in relation to an interest in or right over property, means transferring that interest or right to another person or extinguishing or curtailing that interest or right. 7. protection from arbitrary search or entry except with his own consent, a person shall not be subjected to the search of his person or his property or the entry by others on his premises. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision-that is reasonably required in the interests of defence, public safety, public order, public morality, public health, town and country planning, the development and utilisation of mineral resources or the development or utilisation of any property for a purpose beneficial to the community; that is reasonably required for the purpose of protecting the rights or freedoms of other persons; that authorises an officer or agent of the government, a local government authority or a body corporate established by law for public purposes to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or due or in order to carry out work connected with any property that is lawfully on those premises and that belongs to the government or to that authority or body corporate, as the case may be; or that authorises, for the purpose of enforcing the judgment or order of a court in any civil proceedings, the search of any person or property by order of a court or entry upon any premises by such order, and except so far as that provision or, as the case may be, anything done under the authority thereof is shown not to be reasonably justifiable in a democratic society. 8. provisions to secure protection of law if any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law. every person who is charged with a criminal offence-shall be presumed to be innocent until he is proved or has pleaded guilty; shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence charged; shall be given adequate time and facilities for the preparation of his defence; shall be permitted to defend himself before the court in person or, at his own expense, by a legal practitioner of his own choice; shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial, and except with his own consent the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence: provided that the trial may take place in his absence in any case in which it is so provided by a law under which he is entitled to adequate notice of the charge and the date, time and place of the trial and to a reasonable opportunity of appearing before the court. when a person is tried for any criminal offence, the accused person or any person authorised by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court. a person shall not be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed. a person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall not again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal. a person shall not be tried for a criminal offence if he shows that he has been pardoned for that offence. a person who is tried for a criminal offence shall not be compelled to give evidence at the trial: provided that nothing in this subsection shall prevent the prosecution or the court from commenting on his failure to give evidence on his own behalf or prevent the court from drawing inferences from any such failure. any court or other authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other authority, the case shall be given a fair hearing within a reasonable time. where the existence or extent of any civil right or obligation has been determined in proceedings in any court or before any other authority any party to those proceedings shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be entitled to obtain within a reasonable time after the judgment or other determination a copy of any record of the proceedings made by or on behalf of the court or other authority. except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other authority, including the announcement of the decision of the court or other authority, shall be held in public. nothing in subsection (10) of this section shall prevent the court or other adjudicating authority from excluding from the proceedings persons other than the parties thereto and the legal practitioners representing them to such extent as the court or other authority-may by law be empowered to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory proceedings or in the interests of public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings; or may by law be empowered or required to do in the interests of defence, public safety or public order. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of-subsection (2)(a) of this section to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts; subsection (2)(e) of this section to the extent that the law in question imposes reasonable conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or subsection (5) of this section to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law. in the case of any person who is held in lawful detention the provisions of subsection (1), paragraphs (d) and (e) of subsection (2) and subsection (3) of this section shall not apply in relation to his trial for a criminal offence under the law regulating the discipline of persons held in such detention. in this section "criminal offence" means a criminal offence under a law. 9. protection of freedom of conscience except with his own consent, a person shall not be hindered in the enjoyment of his freedom of conscience, including freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance. except with his own consent (or, if he is a person under the age of eighteen years, the consent of his guardian) a person attending any place of education, detained in any prison or corrective institution or serving in a naval, military or air force shall not be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction ceremony or observance relates to a religion that is not his own. every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education which it maintains; and no such community shall be prevented from providing religious instruction for persons of that community in the course of any education provided by that community whether or not it is in receipt of a government subsidy or other form of financial assistance designed to meet in whole or in part the cost of such course of education. a person shall not be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner that is contrary to his religion or belief. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision which is reasonably required-in the interests of defence, public safety, public order, public morality or public health; for the purpose of protecting the rights and freedoms of other persons including the right to observe and practise any religion without the unsolicited intervention of members of any other religion; or for the purpose of regulating educational institutions in the interests of the persons who receive or may receive instruction in them, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. references in this section to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly. 10. protection of freedom of expression except with his own consent, a person shall not be hindered in the enjoyment of his freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision-that is reasonably required in the interests of defence, public safety, public order, public morality or public health; that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts or regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless broadcasting or television; or that imposes restrictions upon public officers that are reasonably required for the proper performance of their functions, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. 11. protection of freedom of assembly and association except with his own consent, a person shall not be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his interests. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision-that is reasonably required in the interests of defence, public safety, public order, public morality or public health; that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or that imposes restrictions upon public officers that are reasonably required for the proper performance of their functions, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. 12. protection of freedom of movement a person shall not be deprived of his freedom of movement that is to say, the right to move freely throughout saint vincent, the right to reside in any part of saint vincent, the right to enter saint vincent, the right to leave saint vincent and immunity from expulsion from saint vincent. any restriction on a person's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this section. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision-for the imposition of restrictions on the movement or residence within saint vincent of any person or on any person's right to leave saint vincent that are reasonably required in the interests of defence, public safety or public order; for the imposition of restrictions on the movement or residence within saint vincent or on the right to leave saint vincent of persons generally or any class of persons in the interests of defence, public safety, public order, public morality or public health or, in respect of the right to leave saint vincent, of securing compliance with any international obligation of the government particulars of which have been laid before the house and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society; for the imposition of restrictions, by order of a court, on the movement or residence within saint vincent of any person or on any person's right to leave saint vincent either in consequence of his having been found guilty of a criminal offence under a law or for the purpose of ensuring that he appears before a court at a later date for trial of such a criminal offence or for proceedings preliminary to trial or for proceedings relating to his extradition or lawful removal from saint vincent; for the imposition of restrictions on the freedom of movement of any person who is not a citizen; for the imposition of restrictions on the acquisition or use by any person of land or other property in saint vincent; for the imposition of restrictions upon the movement or residence within saint vincent or on the right to leave saint vincent of any public officer that are reasonably required for the proper performance of his functions; for the removal of a person from saint vincent to be tried or punished in some other country for a criminal offence under the law of that other country or to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offence under a law of which he has been convicted; or for the imposition of restrictions on the right of any person to leave saint vincent that are reasonably required in order to secure the fulfilment of any obligations imposed on that person by law and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. if any person whose freedom of movement has been restricted by virtue of such a provision as is referred to in subsection (3)(a) of this section so requests at any time during the period of that restriction not earlier than three months after the order was made or three months after he last made such a request, as the case may be, his case shall be reviewed by an independent and impartial tribunal presided over by a person appointed by the chief justice from among persons who are legal practitioners. on any review by a tribunal in pursuance of subsection (4) of this section of the case of any person whose freedom of movement has been restricted, the tribunal may make recommendations concerning the necessity or expediency of the continuation of that restriction to the authority by whom it was ordered and, unless it is otherwise provided by law, that authority shall be obliged to act in accordance with any such recommendations. 13. protection from discrimination on the grounds of race, etc subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision that is discriminatory either of itself or in its effect. subject to the provisions of subsections (6), (7) and (8) of this section, no persons shall be treated in a discriminatory manner by any persons acting by virtue of any written law or in the performance of the functions of any public office or any public authority. in this section, the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by sex, race, place of origin, political opinions, colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description. subsection (1) of this section shall not apply to any law so far as that law makes provision-for the appropriation of public revenues or other public funds; with respect to persons who are not citizens; for the application, in the case of persons of any such description as is mentioned in subsection (3) of this section (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law of persons of that description; whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any disability or restriction or may be accorded any privilege or advantage that, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society. nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to sex, race, place or origin, political opinions, colour or creed) to be required of any person who is appointed to or to act in any office or employment. subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (4) or subsection (5) of this section. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 7, 9, 10, 11 and 12 of this constitution, being such a restriction as is authorised by section 7(2), section 9(5), section 10(2), section 11(2) or paragraph (a), (b) or (h) of section 12(3), as the case may be. nothing in subsection (2) of this section shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this constitution or any other law. 14. derogations from s. 3 or s. 13 under emergency powers nothing contained in or done under the authority of a law enacted by parliament shall be held to be inconsistent with or in contravention of section 3 or section 13 of this constitution to the extent that the law authorises the taking during any period of public emergency of measures that are reasonably justifiable for dealing with the situation that exists in saint vincent during that period. 15. protection of persons detained under emergency laws when a person is detained by virtue of any such law as is referred to in section 14 of this constitution the following provisions shall apply, that is to say:-he shall, with reasonable promptitude and in any case not more than seven days after the commencement of his detention, be informed in a language that he understands and in detail of the grounds upon which he is detained and furnished with a written statement in english specifying those grounds in detail; not more than fourteen days after the commencement of his detention, a notification shall be published in the official gazette stating that he has been detained and giving particulars of the provision of law under which his detention is authorised; not more than one month after the commencement of his detention and thereafter during his detention at intervals of not more than six months, his case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the chief justice from among persons who are legal practitioners; he shall be afforded reasonable facilities for private communication and consultation with a legal practitioner of his own choice who shall be permitted to make representations to the tribunal appointed for the review of the case of the detained person; and at the hearing of his case by the tribunal appointed for the review of his case he shall be permitted to appear in person or to be represented by a legal practitioner of his own choice. on any review by a tribunal in pursuance of this section of the case of a detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by which it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations. nothing contained in subsection (1)(d) or subsection (1)(e) of this section shall be construed as entitling a person to legal representation at public expense. 16. enforcement of protective provisions if any person alleges that any of the provisions of sections 2 to 15 inclusive of this constitution has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter that is lawfully available, that person (or that other person) may apply to the high court for redress. the high court shall have original jurisdiction-to hear and determine any application made by any person in pursuance of subsection (1) of this section; and to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3) of this section, and may make such declarations and orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of sections 2 to 15 (inclusive) of this constitution: provided that the high court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law. if in any proceedings in any court (other than the court of appeal or the high court or a court-martial) any question arises as to the contravention of any of the provisions of sections 2 to 15 (inclusive) of this constitution, the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question to the high court unless, in his opinion, the raising of the question is merely frivolous or vexatious. where any question is referred to the high court in pursuance of subsection (3) of this section, the high court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal to the court of appeal or to her majesty in council, in accordance with the decision of the court of appeal or, as the case may be, of her majesty in council. the high court shall have such powers in addition to those conferred by this section as may be conferred upon it by parliament for the purpose of enabling it more effectively to exercise the jurisdiction conferred upon it by this section. the chief justice may make rules with respect to the practice and procedure of the high court in relation to the jurisdiction and powers conferred on it by or under this section (including rules with respect to the time within which applications may be brought and references shall be made to the high court). 17. declaration of emergency the governor-general may, by proclamation which shall be published in the official gazette, declare that a state of emergency exists for the purposes of this chapter. a proclamation under this section shall not be effective unless it contains a declaration that the governor-general is satisfied-that a public emergency has arisen as a result of the imminence of a state of war between saint vincent and a foreign state; that a public emergency has arisen as a result of the occurrence of any volcanic eruption, earthquake, hurricane, flood, fire, outbreak of pestilence or of infectious disease, or other calamity whether similar to the foregoing or not; or that action has been taken, or is immediately threatened by any person, of such a nature and on so extensive a scale, as to be likely to endanger the public safety or to deprive the community or any substantial portion of the community of supplies or services essential to life. every declaration of emergency shall lapse-in the case of a declaration made when the house is sitting, at the expiration of a period of seven days beginning with the date of publication of the declaration; and in any other case, at the expiration of a period of twenty-one days beginning with the date of publication of the declaration, unless it has in the meantime been approved by resolution of the house. a declaration of emergency may at any time be revoked by the governor-general by proclamation which shall be published in the official gazette. a declaration of emergency that has been approved by resolution of the house in pursuance of subsection (2) of this section shall, subject to the provisions of subsection (3) of this section, remain in force so long as the resolution remains in force and no longer. a resolution of the house passed for the purposes of this section shall remain in force for twelve months or such shorter period as may be specified therein: provided that any such resolution may be extended from time to time by a further such resolution, each extension not exceeding twelve months from the date of the resolution effecting the extension; and any such resolution may be revoked at any time by a further resolution. a resolution of the house for the purposes of subsection (2) of this section and a resolution of the house extending any such resolution shall not be passed in the house unless it is supported by the votes of two-thirds of all the representatives; and a resolution revoking any such resolution shall not be so passed unless it is supported by the votes of a majority of all the representatives. any provision of this section that a declaration of emergency shall lapse or cease to be in force at any particular time is without prejudice to the making of a further such declaration whether before or after that time. 18. interpretation and savings in this chapter, unless the context otherwise requires-"contravention", in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly; "court" means any court of law having jurisdiction in saint vincent other than a court established by a disciplinary law, and includes her majesty in council and in sections 2 and 4 of this constitution a court established by a disciplinary law; "disciplinary law" means a law regulating the discipline of any disciplined force; "disciplined force" means-a naval, military or air force; the police force; or a prison service; "legal practitioner" means a person entitled to be in or to enter saint vincent and entitled to practise as a barrister in saint vincent or, except in relation to proceedings before a court in which a solicitor has no right of audience, entitled to practise as a solicitor in saint vincent; "member", in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline. in this chapter "period of public emergency" means any period during which-her majesty is at war; or a declaration of emergency is in force under section 17 of this constitution. in relation to any person who is a member of a disciplined force of saint vincent, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this chapter other than sections 2, 4 and 5 of this constitution. in relation to any person who is a member of a disciplined force of a country other than saint vincent that is lawfully present in saint vincent, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this chapter. chapter ii. the governor-general 19. establishment of office there shall be a governor-general of saint vincent who shall be appointed by her majesty and shall hold office during her majesty's pleasure and who shall be her majesty's representative in saint vincent. 20. acting governor-general during any period when the office of governor-general is vacant or the holder of the office of governor-general is absent from saint vincent or is for any other reason unable to perform the functions of his office those functions shall be performed by such person as her majesty may appoint. any such person as aforesaid shall not continue to perform the functions of the office of governor-general if the holder of the office of governor-general or some other person having a prior right to perform the functions of that office has notified him that he is about to assume or resume those functions. the holder of the office of governor-general shall not, for the purposes of this section, be regarded as absent from saint vincent or as unable to perform the functions of his office-by reason that he is in passage from one part of saint vincent to another; or at any time when there is a subsisting appointment of a deputy under section 22 of this constitution. 21. oaths a person appointed to hold the office of governor-general shall, before entering upon the duties of that office, take and subscribe the oath of allegiance and the oath of office. 22. deputy to governor-general whenever the governor-general-has occasion to be absent from the seat of government but not from saint vincent; has occasion to be absent from saint vincent for a period that he considers, acting in his own deliberate judgment, will be of short duration; or is suffering from an illness that he considers, acting in his own deliberate judgment, will be of short duration, he may, acting in accordance with the advice of the prime minister, appoint any person in saint vincent to be his deputy during such absence or illness and in that capacity to perform on his behalf such of the functions of the office of governor-general as may be specified in the instrument by which he is appointed. the power and authority of the governor-general shall not be abridged, altered or in any way affected by the appointment of a deputy under this section, and, subject to the provisions of this constitution, a deputy shall conform to and observe all instructions that the governor-general, acting in his own deliberate judgment, may from time to time address to him: provided that the question whether or not a deputy has conformed to and observed any such instructions shall not be enquired into in any court of law. a person appointed as deputy under this section shall hold that appointment for such period as may be specified in the instrument by which he is appointed, and his appointment may be revoked at any time by the governor-general, acting in accordance with the advice of the prime minister. chapter iii. parliament part 1. composition of parliament 23. establishment there shall be a parliament of saint vincent which shall consist of her majesty and a house of assembly. 24. composition of house of assembly the house shall consist of-such number of representatives as corresponds with the number of constituencies for the time being established in accordance with the provisions of section 33 of this constitution, who shall be elected in accordance with the provisions of section 27 of this constitution; and six senators appointed in accordance with the provisions of section 28 of this constitution. if a person who is not a member of the house is elected to be speaker he shall, by virtue of holding the office of speaker, be a member of the house. at any time when the office of attorney-general is a public office, the attorney-general shall, by virtue of holding or acting in that office, be a member of the house. 25. qualifications for representatives and senators subject to the provisions of section 26 of this constitution, a person shall be qualified to be elected as a representative if, and shall not be so qualified unless, he-is a commonwealth citizen of the age of twenty-one years or upwards; has resided in saint vincent for a period of twelve months immediately before the date of his nomination for election or is domiciled and resident in saint vincent at that date; and is able to speak and, unless incapacitated by blindness or other physical cause, to read the english language with a degree of proficiency sufficient to enable him to take an active part in the proceedings of the house. subject to the provisions of section 26 of this constitution, a person shall be qualified to be elected or appointed as a senator if, and shall not be so qualified unless, he is a commonwealth citizen of the age of twenty-one years or upwards. 26. disqualifications for representatives and senators no person shall be qualified to be elected or appointed as a representative or senator (hereinafter in this section referred to as a member) if he-is by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power or state; is a minister of religion; holds or is acting in the office of judge of the supreme court; subject to such exceptions and limitations as may be prescribed by parliament, holds or is acting in any public office or is a paid member of any defence force of saint vincent; is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law; is a person certified to be insane or otherwise adjudged to be of unsound mind under any law; is under sentence of death imposed on him by a court of law in any part of the commonwealth or is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended; subject to such exceptions and limitations as may be prescribed by parliament has any such interest in any such government contract as may be so prescribed: provided that a minister of religion may be appointed as a senator. if it is so provided by parliament, a person shall not be qualified to be elected or appointed as a member if he holds or is acting in any office that is specified by parliament and the functions of which involve responsibility for, or in connection with, the conduct of any election of members or the compilation of any register of votes for the purpose of electing representatives. if it is so provided by parliament, a person who is convicted by any court of law of any offence that is prescribed by parliament and that is connected with the election of representatives or is reported guilty of such an offence by the court trying an election petition shall not be qualified, for such period (not exceeding five years) following his conviction or, as the case may be, following the report of the court as may be so prescribed, to be elected or appointed as a member. a person shall not be qualified to be elected as a representative if he is a senator and a person shall not be qualified to be appointed as a senator if he is a representative or is nominated for election as such. in subsection (1) of this section-"government contract" means any contract made with the government or with a department of the government or with an officer of the government contracting as such; "minister of religion" means any person in holy orders and any other person, the functions of whose principal occupation include teaching or preaching in any congregation for religious worship. for the purposes of paragraph (g) of subsection (1) of this section-two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds twelve months, but if any one of such sentences exceeds that term they shall be regarded as one sentence; and no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine. 27. election of representatives each of the constituencies established in accordance with the provisions of section 33 of this constitution shall return one representative to the house who shall be directly elected in such manner as may, subject to the provisions of this constitution, be prescribed by or under any law. 2 every commonwealth citizen of the age of eighteen years or upwards who possesses such qualifications relating to residence or domicile in saint vincent as parliament may prescribe shall, unless he is disqualified by parliament from registration as a voter for the purpose of electing representatives, be entitled to be registered as such a voter in accordance with the provisions of any law in that behalf, and no other person may be so registered. every person who is registered as aforesaid in any constituency shall, unless he is disqualified by parliament from voting in that constituency in any election of representatives, be entitled so to vote in accordance with the provisions of any law in that behalf, and no other person may so vote. in any election of representatives the votes shall be given by ballot in such manner as not to disclose how any particular person votes. 28. appointment of senators of the senators-four shall be appointed by the governor-general, acting in accordance with the advice of the prime minister; and two shall be appointed by the governor-general, acting in accordance with the advice of the leader of the opposition. 29. tenure of office of representatives and senators a representative or a senator (hereinafter in this section referred to as a member) shall vacate his seat in the house at the next dissolution of parliament after his election or appointment. a senator appointed in accordance with the provisions of paragraph (a) of section 28 of this constitution shall vacate his seat in the house if his appointment is revoked by the governor-general, acting in accordance with the advice of the prime minister, and a senator appointed in accordance with the provisions of paragraph (b) of that section shall vacate his seat in the house if his appointment is revoked by the governor-general, acting in accordance with the advice of the leader of the opposition. a member shall also vacate his seat in the house-if he is absent from the sittings of the house for such period and in such circumstances as may be prescribed in the rules of procedure of the house; if he ceases to be a commonwealth citizen; or subject to the provisions of subsection (4) of this section, if any other circumstances arise that, if he were not a member, would cause him to be disqualified to be elected or appointed as such by virtue of subsection (1) of section 26 of this constitution or of any law enacted in pursuance of subsection (2) or (3) of that section. 4 if any circumstances such as are referred to in paragraph (c) of subsection (3) of this section arise because any member is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of an offence relating to elections and if it is open to the member to appeal against the decision (either with the leave of a court of law or other authority or without such leave), he shall forthwith cease to perform his functions as a member but, subject to the provisions of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafter: provided that the speaker may, at the request of the member, from time to time extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the house. if, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the member, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the member to appeal, he shall forthwith vacate his seat. if at any time before the member vacates his seat such circumstances aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (a) of this subsection and he may resume the performance of his functions as a member. 30. speaker when the house first meets after any general election of representatives and before it proceeds to the despatch of any other business, it shall elect a person to be the speaker; and if the office of speaker falls vacant at any time before the next dissolution of parliament, the house shall as soon as practicable, elect another person to that office. the speaker may be elected either from among the members of the house who are not members of the cabinet or parliamentary secretaries or from among persons who are not members of the house: provided that a person who is not a member of the house shall not be elected as speaker if-he is not a commonwealth citizen; or he is a person disqualified to be elected or appointed as a representative or senator by virtue of subsection (1) of section 26 of this constitution or of any law enacted in pursuance of subsection (2) or (3) of that section. no business shall be transacted in the house (other than the election of a speaker) at any time when the office of speaker is vacant. a person shall vacate the office of speaker-in the case of a speaker who was elected from among the members of the house-if he ceases to be a member of the house: provided that the speaker shall not vacate his office by reason only that he has ceased to be a member of the house on a dissolution of parliament, until the house first meets after the dissolution; or if he becomes a member of the cabinet or a parliamentary secretary; in the case of a speaker who was elected from among persons who were not members of the house-when the house first meets after any dissolution of parliament; if he ceases to be a commonwealth citizen; or if any circumstances arise that would cause him to be disqualified to be elected or appointed as a representative or senator by virtue of subsection (1) of section 26 of this constitution or of any law enacted in pursuance of subsection (2) or (3) of that section; or if he is removed from office by resolution of the house in favour of which there are cast the votes of two-thirds of all the members of the house excluding the speaker. if, by virtue of section 29(4) of this constitution, the speaker (being a representative or a senator) is required to cease to perform his functions as a member of the house he shall also cease to perform his functions as speaker; and if the speaker resumes the performance of his functions as a member of the house, in accordance with the provisions of that section, he shall also resume the performance of his functions as speaker. at any time when, by virtue of section 29(4) of this constitution, the speaker is unable to perform the functions of his office, those functions shall, until he vacates his seat in the house or resumes the performance of the functions of his office, be performed by the deputy speaker or, if the office of deputy speaker is vacant or the deputy speaker is required to cease to perform his functions as a member of the house by virtue of section 29(4) of this constitution, by such member of the house (not being a member of the cabinet or a parliamentary secretary) as the house may elect for the purpose. 31. deputy speaker when the house first meets after any general election of representatives and before it proceeds to the despatch of any other business except the election of the speaker, the house shall elect a member of the house, who is not a member of the cabinet or a parliamentary secretary, to be the deputy speaker and if the office of deputy speaker falls vacant at any time before the next dissolution of parliament, the house shall, as soon as convenient, elect another member of the house to that office. a person shall vacate the office of deputy speaker-if he ceases to be a member of the house; if he becomes a member of the cabinet or a parliamentary secretary; or if he is elected to be speaker. if, by virtue of section 29(4) of this constitution, the deputy speaker is required to cease to perform his functions as a member of the house he shall also cease to perform his functions as deputy speaker and if the deputy speaker resumes the performance of his functions as a member of the house, in accordance with the provisions of that section, he shall also resume the performance of his functions as deputy speaker. at any time when, by virtue of section 29(4) of this constitution, the deputy speaker is unable to perform the functions of his office, those functions shall, until he vacates his seat in the house or resumes the performance of the functions of his office, be performed by such member of the house (not being a member of the cabinet or a parliamentary secretary) as the house may elect for the purpose. 32. constituency boundaries commission there shall be a constituency boundaries commission which shall be appointed in the circumstances specified in section 33(3) of this constitution and which shall consist of-a chairman who shall be appointed by the governor-general in his own deliberate judgment; one member who shall be appointed by the governor-general, acting in accordance with the advice of the prime minister; and one member who shall be appointed by the governor-general, acting in accordance with the advice of the leader of the opposition. a person shall not be qualified to be appointed as a member of the commission if-he is, or has at any time during the period of five years immediately preceding his appointment been, a member of the house; he is, or has at any time during that period been, nominated as a candidate for election as a representative; he is, or has at any time during that period been, the holder of an office in any political organisation that sponsors or otherwise supports, or that has at any time sponsored or otherwise supported, a candidate for election as a representative or a member of any local government authority; or he is a judge of the supreme court or a public officer. subject to the provisions of this section, a member of the commission shall vacate his office-when the order of the commission is published in the official gazette in accordance with the provisions of section 33(6) of this constitution; or if any circumstances arise that, if he were not a member of the commission, would cause him to be disqualified for appointment as such. a member of the commission may be removed from office by the governor-general only for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misbehaviour. a member of the commission shall be removed from office by the governor-general if the question of his removal from office has been referred to a tribunal appointed under subsection (6) of this section and the tribunal has recommended to the governor-general that he ought to be removed from office for inability as aforesaid or for misbehaviour. if the prime minister represents to the governor-general that the question of removing a member of the commission under this section ought to be investigated, then-the governor-general shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the chief justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from such a court; and the tribunal shall enquire into the matter and report on the facts thereof to the governor-general and recommend to him whether the member ought to be removed under this section. if the question of removing a member of the commission has been referred to a tribunal under this section, the governor-general, acting in accordance with the advice of the prime minister, may suspend that member from the exercise of the functions of his office and any such suspension may at any time be revoked by the governor-general acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the governor-general that that member should not be removed. the commission may regulate its own procedure, and may, with the consent of the prime minister, confer powers and impose duties on any public officer or on any authority of the government for the purpose of the discharge of its functions. the commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings: provided that any decision of the commission shall require the concurrence of a majority of all its members. in the exercise of its functions under this constitution, the commission shall not be subject to the direction or control of any other person or authority. 33. constituencies for the purpose of the election of representatives, saint vincent shall, in accordance with the provisions of this section, be divided into thirteen constituencies having such boundaries as may be prescribed by order made by the constituency boundaries commission. all constituencies shall contain as nearly equal numbers of inhabitants as appears to the commission to be reasonably practicable, but the commission may depart from this principle to such extent as it considers expedient in order to take account of the following factors, that is to say-the density of population and in particular the need to ensure adequate representation of sparsely populated rural areas; the means of communication; geographical features; and the boundaries of existing administrative areas. a commission shall be appointed in the following circumstances, that is to say:-whenever a census of the population of saint vincent has been held in pursuance of any law; whenever parliament has amended subsection (1) of this section so as to alter the number of the constituencies into which saint vincent is divided; or on the expiry of eight years after the commission last reviewed the boundaries of the constituencies in accordance with the provisions of this section. whenever the commission has been appointed in the circumstances specified in subsection (3)(a) or in the circumstances specified in subsection (3)(b) of this section it shall forthwith carry out a review of the boundaries of the constituencies into which saint vincent is divided and may (and in the circumstances specified in subsection (3)(b) shall), by order, alter the boundaries in accordance with the provisions of this section to such extent as it thinks desirable in the light of those circumstances and the review. whenever the commission has been appointed in the circumstances specified in subsection (3)(c) of this section it shall, within the period of two years commencing with its appointment, carry out a review of the boundaries of the constituencies into which saint vincent is divided and may, by order, alter the boundaries in accordance with the provisions of this section to such extent as it considers desirable in the light of the review. every order made by the commission under this section shall be published in the official gazette and shall come into effect upon the next dissolution of parliament after it was made. to the extent that any law enacted by parliament amends subsection (1) of this section so as to alter the number of constituencies into which saint vincent is divided it shall come into effect when the order of the commission that, in accordance with the provisions of subsection (4) of this section, is consequential thereon comes into effect. for the purposes of subsection (2) of this section the number of inhabitants of any part of saint vincent shall be ascertained by reference to the latest census of the population held in pursuance of any law. 34. supervisor of elections there shall be a supervisor of elections whose duty it shall be to exercise general supervision over the registration of voters in elections of representatives and over the conduct of such elections. the functions of the office of supervisor of elections shall be exercised either by the person holding or acting in such public office as may for the time being be designated in that behalf by the public service commission or, if the commission so decides, by such other person who is not a public officer as may for the time being be so designated, but before exercising its powers under this subsection the commission shall consult with the prime minister. a person shall not enter upon the duties of the office of supervisor of elections until he has taken and subscribed the oath of allegiance and the oath of office. for the purposes of the exercise of his functions under subsection (1) of this section, the supervisor of elections may give such directions as he considers necessary or expedient to any registering officer, presiding officer or returning officer relating to the exercise by that officer of his functions under any law regulating the registration of voters or the conduct of elections, and any officer to whom directions are given under this subsection shall comply with those directions. the supervisor of elections may, whenever he considers it necessary or expedient so to do, report to the house on the exercise of his functions under the foregoing provisions of this section; he shall submit every such report to the minister for the time being responsible for matters relating to the election of representatives and that minister shall, not later than seven days after the house first meets after he has received the report, lay it before the house. in the exercise of his functions under the foregoing provisions of this section, the supervisor of elections shall not be subject to the direction or control of any other person or authority. the supervisor of elections shall exercise such other functions in relation to elections (whether to the house or to local government authorities) as may be prescribed by or under any law enacted by parliament. 35. clerk of house and his staff there shall be a clerk of the house. the office of the clerk of the house and the offices of the members of his staff shall be public offices. 36. determination of questions of membership the high court shall have jurisdiction to hear and determine any question whether-any person has been validly elected as a representative; any person has been validly appointed as a senator; any person who has been elected as speaker from among persons who were not members of the house was qualified to be so elected or has vacated the office of speaker; or any member of the house has vacated his seat or is required, under the provisions of section 29(4) of this constitution, to cease to perform any of his functions as a member of the house. an application to the high court for the determination of any question under subsection (1)(a) of this section may be made by any person entitled to vote in the election to which the application relates or by any person who was a candidate at that election or by the attorney-general. an application to the high court for the determination of any question under subsection (1)(b) or subsection (1)(c) of this section may be made by any representative or by the attorney-general. an application to the high court for the determination of any question under subsection (1)(d) of this section may be made-by any representative or by the attorney-general; or in the case of the seat of a representative, by any person registered in some constituency as a voter for the purpose of electing representatives. if any application is made by a person other than the attorney-general to the high court for the determination of any question under this section, the attorney-general may intervene and may then appear or be represented in the proceedings. an appeal shall lie as of right to the court of appeal from any final decision of the high court determining such a question as is referred to in subsection (1) of this section. the circumstances and manner in which and the imposition of conditions upon which any application may be made to the high court for the determination of any question under this section and the powers, practice and procedure of the high court and the court of appeal in relation to any such application shall be regulated by such provision as may be made by parliament. no appeal shall lie from any decision of the court of appeal in exercise of the jurisdiction conferred by subsection (6) of this section and no appeal shall lie from any decision of the high court in proceedings under this section other than a final decision determining such a question as is referred to in subsection (1) of this section. in the exercise of his functions under this section, the attorney-general shall not be subject to the direction or control of any other person or authority. part 2. legislation and procedure of parliament 37. power to make laws subject to the provisions of this constitution, parliament may make laws for the peace, order and good government of saint vincent. 38. alteration of constitution and supreme court order parliament may alter any of the provisions of this constitution or of the supreme court order in the manner specified in the following provisions of this section. a bill to alter any of the provisions of this constitution or of the supreme court order shall not be regarded as being passed by the house unless on its final reading the bill is supported by the votes of not less than two-thirds of all the representatives. a bill to alter this section, the schedule to this constitution or any of the provisions of this constitution specified in part 1 of that schedule or any of the provisions of the courts order specified in part 2 of that schedule shall not be submitted to the governor-general for his assent unless-there has been an interval of not less than ninety days between the introduction of the bill in the house and the beginning of the proceedings in the house on the second reading of the bill; and after it has been passed by the house the bill has been approved on a referendum by not less than two-thirds of all the votes validly cast on that referendum. the provisions of paragraph (b) of subsection (3) of this section shall not apply in relation to any bill to alter-section 98 of this constitution in order to give effect to any agreement between saint vincent and the united kingdom concerning appeals from any court having jurisdiction in saint vincent to her majesty in council; any of the provisions of the supreme court order in order to give effect to any international agreement to which saint vincent is a party relating to the supreme court or any other court (or any officer or authority having functions in respect of any such court) constituted in common for saint vincent and for other countries also parties to the agreement. every person who, at the time when the referendum is held, would be entitled to vote for the purpose of electing representatives shall be entitled to vote on a referendum held for the purposes of this section in accordance with such procedures as may be prescribed by parliament for the purposes of the referendum and no other person shall be entitled so to vote. in any referendum for the purposes of this section the votes shall be given by ballot in such manner as not to disclose how any particular person votes. the conduct of any referendum for the purposes of this section shall be the responsibility of the supervisor of elections and the provisions of subsections (4), (5) and (6) of section 34 of this constitution shall apply in relation to the exercise by the supervisor of elections or by any other officer of his functions with respect to a referendum as they apply in relation to the exercise of his functions with respect to elections of representatives. 8 a bill to alter any of the provisions of this constitution or of the supreme court order shall not be submitted to the governor-general for his assent unless it is accompanied by a certificate under the hand of the speaker that the provisions of subsection (2) of this section have been complied with and, where a referendum has been held in pursuance of subsection (3)(b) of this section, by a certificate under the hand of the supervisor of elections stating the results of the referendum. the certificate of the speaker under this subsection shall be conclusive that the provisions of subsections (2) and (3) of this section have been complied with and shall not be enquired into in any court of law. in this subsection references to the speaker shall, if the person holding the office of speaker is for any reason unable to perform the functions of his office and no other person is performing them, include references to the deputy speaker. in this section and the schedule to this constitution references to any of the provisions of this constitution or the supreme court order include references to any law that alters that provision. 39. oath by members every member of the house shall, before taking his seat in the house, take and subscribe before the house the oath of allegiance but a member may before taking that oath take part in the election of the speaker. any person elected to the office of speaker shall, if he has not already taken and subscribed the oath of allegiance under subsection (1) of this section, take and subscribe that oath before the house before entering upon the duties of his office. 40. presiding there shall preside at any sitting of the house-the speaker; in the absence of the speaker, the deputy speaker; or in the absence of the speaker and the deputy speaker, such member of the house (not being a member of the cabinet or a parliamentary secretary) as the house may elect for that purpose: provided that the speaker shall not preside when a motion for his removal from office is before the house. 41. voting save as otherwise provided in sections 17(7), 30(4), 38(2) or 49(3) of this constitution, any question proposed for decision in the house shall be determined by a majority of the votes of the members present and voting: provided that questions of no confidence in the government shall be determined by a majority of the votes of all the representatives. a question shall not be regarded as having been validly determined by a vote in the house unless at least eight members, or such greater number of members as parliament may prescribe, take part in the voting. the references to the members of the house in section 30(4) of this constitution, subsection (1) of this section and sections 51(4) and 57 of this constitution shall not include the attorney-general if he is a member by virtue of section 24(3) of this constitution. a speaker who was elected from among the members of the house or other member presiding in the house shall not vote unless on any question the votes of the members are equally divided, in which case he shall have and exercise a casting vote: provided that in the case of the question of the final reading of such a bill as is referred to in section 38(2) of this constitution he shall, if he is a representative, have an original vote but no casting vote. a speaker who was elected from among persons who were not members of the house shall have neither an original nor a casting vote and if, upon any question before the house when such a speaker is presiding, the votes of the members are equally divided, the motion shall be lost. 42. penalty for sitting if unqualified any person who sits or votes in the house knowing or having reasonable grounds for knowing that he is not entitled to do so shall be guilty of an offence, and liable to a fine not exceeding one hundred dollars, or such other sum as may be prescribed by parliament, for each day on which he so sits or votes in the house. any prosecution for an offence under this section shall be instituted in the high court and shall not be so instituted except by the director of public prosecutions. 43. mode of exercise of legislative power the power of parliament to make laws shall be exercised by bills passed by the house and assented to by the governor-general. when a bill is submitted to the governor-general for assent in accordance with the provisions of this constitution he shall signify that he assents. when the governor-general assents to a bill that has been submitted to him in accordance with the provisions of this constitution the bill shall become law and the governor-general shall thereupon cause it to be published in the official gazette as law. no law made by parliament shall come into operation until it has been published in the official gazette but parliament may postpone the coming into operation of any such law and may make laws with retrospective effect. 44. restrictions with regard to certain financial measures except on the recommendation of the governor-general signified by a minister, the house shall not-proceed upon any bill (including any amendment to a bill) that, in the opinion of the person presiding, makes provision for any of the following purposes:-for the imposition of taxation or the alteration of taxation otherwise than by reduction; for the imposition of any charge upon the consolidated fund or any other public fund of saint vincent or the alteration of any such charge otherwise than by reduction; for the payment, issue or withdrawal from the consolidated fund or any other public fund of saint vincent of any monies not charged thereon or any increase in the amount of such payment, issue or withdrawal; or for the composition or remission of any debt due to the government; or proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, would be to make provision for any of those purposes. 45. regulation of procedure in house subject to the provisions of this constitution, the house may regulate its own procedure and may in particular make rules for the orderly conduct of its own proceedings. the house may act notwithstanding any vacancy in its membership (including any vacancy not filled when the house first meets after any general election) and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the house shall not invalidate those proceedings. 46. freedom of speech without prejudice to any provision made by parliament relating to the powers, privileges and immunities of the house and its committees, or the privileges and immunities of the members and officers of the house and of other persons concerned in the business of the house or its committees, no civil or criminal proceedings may be instituted against any member of the house for words spoken before, or written in a report to, the house or a committee thereof or by reason of any matter or thing brought by him therein by petition, bill, resolution, motion or otherwise. part 3. summoning, prorogation and dissolution 47. sessions each session of parliament shall be held at such place within saint vincent and shall begin at such time, not being later than six months from the end of the preceding session if parliament has been prorogued or one month from the holding of a general election of representatives if parliament has been dissolved, as the governor-general shall appoint by proclamation. 2 if notice in writing is given to the speaker signed by not less than three representatives, of a motion of no confidence in the government the speaker shall-if the house is then sitting or has been summoned to meet within five days, cause the motion to be considered by the house within seven days of the notice; or if the house is not then sitting and has not been so summoned (and notwithstanding that parliament may be prorogued) summon the house to meet within fourteen days of the notice and cause the motion to be considered at that meeting: provided that if the house does not, within twenty-one days of the notice, meet and dispose of the motion the clerk of the house shall summon a special meeting of the house at such time and place as he may specify for the purpose of debating and disposing of the motion. the provisions of paragraph (a) of this subsection shall be without prejudice to the power of the house to provide by its rules of procedure that notice of a motion of no confidence in the government may be given by any member of the house or the power of the house to debate and dispose of such a motion at any sitting of the house. subject to the foregoing provisions of this section, the sittings of the house shall be held at such time and place as the house may, by its rules of procedure or otherwise, determine. 48. prorogation and dissolution the governor-general may at any time prorogue or dissolve parliament. subject to the provisions of subsection (3) of this section parliament, unless sooner dissolved, shall continue for five years from the date of the first sitting of the house after any dissolution and shall then stand dissolved. at any time when saint vincent is at war, parliament may extend the period of five years specified in subsection (2) of this section for not more than twelve months at a time: provided that the life of parliament shall not be extended under this subsection for more than five years. where a parliament that has been dissolved is recalled under section 49(2) of this constitution, that parliament shall, unless sooner dissolved, again stand dissolved at the date appointed for the nomination of candidates in the next succeeding general election of representatives. in the exercise of his powers to dissolve parliament, the governor-general shall act in accordance with the advice of the prime minister: provided that-if the prime minister advises a dissolution and the governor-general, acting in his own deliberate judgment, considers that the government of saint vincent can be carried on without a dissolution and that a dissolution would not be in the interests of saint vincent, he may, acting in his own deliberate judgment, refuse to dissolve parliament; if a resolution of no confidence in the government is passed and the prime minister does not within three days either resign or advise a dissolution, the governor-general, acting in his own deliberate judgment, may dissolve parliament; and if the office of prime minister is vacant and the governor-general, acting in his own deliberate judgment, considers that there is no prospect of his being able within a reasonable time to appoint to that office a representative who can command the support of the majority of the representatives, the governor-general shall dissolve parliament. 49. elections to house of assembly subject to the provisions of subsection (3) of this section, a general election of representatives shall be held at such time within ninety days after any dissolution of parliament, or if the house has been dissolved by reason of a vote of no confidence in the government at such time within thirty days after the dissolution, as the governor-general may appoint. if, after a dissolution and before the date appointed for the nomination of candidates in the next succeeding general election of representatives, the prime minister advises the governor-general that, owing to the existence of a state of war or a state of emergency in saint vincent, it is necessary to recall parliament, the governor-general shall summon the parliament that has been dissolved to meet, but, subject to the provisions of subsection (3) of this section, that general election shall proceed. the house of a parliament that has been recalled may, by a resolution supported by the votes of not less than two-thirds of all the representatives, extend the period of ninety days specified in subsection (1) of this section for not more than a further ninety days in respect of the next succeeding general election, and on the passing of such a resolution any appointment previously made with respect to the date on which that general election shall be held or candidates therein shall be nominated shall cease to have effect. where the seat of a member of the house falls vacant otherwise than by reason of a dissolution of parliament-if the vacant seat is that of a representative a by-election shall be held; or if the vacant seat is that of a senator an appointment shall be made, to fill the vacancy within ninety days of the occurrence of the vacancy unless parliament is sooner dissolved. whenever it has been determined under section 36 of this constitution that the election of any person as a representative is invalid the governor-general shall issue a writ for the election of a representative to fill the vacancy returnable within ninety days of the final decision of the high court or, if the determination was by the court of appeal, within ninety days of the decision of the court of appeal. chapter iv. the executive 50. executive authority the executive authority of saint vincent is vested in her majesty. subject to the provisions of this constitution, the executive authority of saint vincent may be exercised on behalf of her majesty by the governor-general either directly or through officers subordinate to him. nothing in this section shall prevent parliament from conferring functions on persons or authorities other than the governor-general. 51. ministers of the government there shall be a prime minister of saint vincent who shall be appointed by the governor-general. whenever the governor-general has occasion to appoint a prime minister he shall appoint a representative who appears to him likely to command the support of the majority of the representatives. there shall be, in addition to the office of prime minister, such other offices of minister of the government as may be established by parliament or, subject to the provisions of any law enacted by parliament, by the governor-general, acting in accordance with the advice of the prime minister. appointments to the office of minister, other than the office of prime minister, shall be made by the governor-general, acting in accordance with the advice of the prime minister, from among the members of the house: provided that not more than two ministers shall be appointed from among the senators. if occasion arises for making an appointment to the office of prime minister or any other minister while parliament is dissolved, then, notwithstanding the provisions of subsections (2) and (4) of this section a person who was a representative immediately before the dissolution may be appointed prime minister and a person who was a senator immediately before the dissolution may be appointed as any minister other than prime minister: provided that not more than two persons who were senators may be ministers. the governor-general shall remove the prime minister from office if a resolution of no confidence in the government is passed by the house and the prime minister does not within three days either resign from his office or advise the governor-general to dissolve parliament. if, at any time between the holding of a general election of representatives and the first meeting of the house thereafter, the governor-general considers that in consequence of changes in the membership of the house resulting from that election the prime minister will not be able to command the support of the majority of the representatives, the governor-general may remove the prime minister from office. the office of any minister shall become vacant-if the holder of the office ceases to be a member of the house otherwise than by reason of the dissolution of parliament; in the case of the prime minister, if, when the house first meets after the dissolution of parliament, he is not then a representative; in the case of any other minister, if, when the house first meets after the dissolution of parliament, he is not then a member of the house; or if, by virtue of section 29(4) of this constitution, he is required to cease to perform his functions as a member of the house. the office of a minister other than the prime minister shall become vacant-if the governor-general, acting in accordance with the advice of the prime minister, so directs; if the prime minister resigns from office within three days after a resolution of no confidence in the government has been passed by the house or is removed from office under subsection (6) or (7) of this section; or on the appointment of any person to the office of prime minister. in the exercise of the powers conferred upon him by subsections (2), and (7) of this section the governor-general shall act in his own deliberate judgment. 52. cabinet of ministers there shall be a cabinet of ministers for saint vincent which shall consist of the prime minister and the other ministers. at any time when the office of attorney-general is a public office the attorney-general shall, by virtue of holding or acting in that office, be a member of the cabinet in addition to the ministers. the functions of the cabinet shall be to advise the governor-general in the government of saint vincent and the cabinet shall be collectively responsible to the house for any advice given to the governor-general by or under the general authority of the cabinet and for all things done by or under the authority of any minister in the execution of his office. the provisions of subsection (3) of this section shall not apply in relation to-the appointment and removal from office of ministers, and parliamentary secretaries, the assignment of responsibility to any minister under section 53 of this constitution or the authorisation of another minister to perform the functions of the prime minister during absence or illness; the dissolution of parliament; or the matters referred to in section 65 of this constitution (which relate to the prerogative of mercy). 53. allocation of portfolios to ministers the governor-general, acting in accordance with the advice of the prime minister, may by directions in writing, assign to the prime minister or any other minister responsibility for any business of the government, including the administration of any department of government. 54. performance of functions of prime minister during absence or illness whenever the prime minister is absent from saint vincent or by reason of illness is unable to perform the functions conferred upon him by this constitution, the governor-general may authorise some other minister to perform those functions (other than the functions conferred by this section) and that minister may perform those functions until his authority is revoked by the governor-general. the powers of the governor-general under this section shall be exercised by him in accordance with the advice of the prime minister: provided that if the governor-general, acting in his own deliberate judgment, considers that it is impracticable to obtain the advice of the prime minister owing to his absence or illness he may exercise those powers without that advice and in his own deliberate judgment. 55. exercise of governor-general's functions in the exercise of his functions the governor-general shall act in accordance with the advice of the cabinet or a minister acting under the general authority of the cabinet except in cases where he is required by this constitution or any other law to act in accordance with the advice of any person or authority other than the cabinet: provided that the foregoing provisions of this subsection shall not apply where the governor-general is authorised to act in his own deliberate judgment in accordance with the following provisions of this constitution-section 32 (which relates to the constituency boundaries commission) sections 51 and 54 (which relate to ministers); section 59 (which relates to the leader of the opposition); section 78 (which relates to the appointment, etc., of public officers); and section 86 (which relates to the public service board of appeal). during any period in which there is a vacancy in the office of leader of the opposition by reason of the fact that no person is both qualified for appointment to that office in accordance with this constitution and willing to accept appointment, or if the governor-general, acting in his own deliberate judgment, considers that it is not practicable for him to obtain the advice of the leader of the opposition within the time within which it may be necessary for him to act, he may act without that advice and in his own deliberate judgment in the exercise of any power conferred upon him by this constitution in respect of which it is provided that he shall act on the advice of, or after consultation with, the leader of the opposition. nothing in subsection (1) of this section shall require the governor-general to act in accordance with the advice of the cabinet or a minister in exercise of the functions conferred upon him by the following provisions of this constitution-the proviso to section 48(5) (which requires the governor-general to dissolve parliament in certain circumstances); section 51(6) (which requires the governor-general to remove the prime minister from office in certain circumstances); section 56 (which entitles the governor-general to information); sections 32(5), 59(5), 77(6), 81(7), 82(7) and 86(5) (which require the governor-general to remove the holders of certain offices from office in certain circumstances). 56. governor-general to be informed concerning matters of government the prime minister shall keep the governor-general fully informed concerning the general conduct of the government of saint vincent and shall furnish the governor-general with such information as he may request with respect to any particular matter relating to the government of saint vincent. 57. parliamentary secretaries the governor-general, acting in accordance with the advice of the prime minister, may appoint parliamentary secretaries from among the members of the house to assist ministers in the performance of their duties: provided that, if occasion arises for making an appointment while parliament is dissolved, a person who was a representative or a senator immediately before the dissolution may be appointed as a parliamentary secretary. the office of a parliamentary secretary shall become vacant-if the governor-general, acting in accordance with the advice of the prime minister, so directs; if the prime minister resigns from office within three days after a resolution of no confidence in the government has been passed by the house or is removed from office under section 51(6) of this constitution; upon the appointment of any person to the office of prime minister; if the holder of the office ceases to be a member of the house otherwise than by reason of a dissolution of parliament; if, when the house first meets after the dissolution of parliament, he is not then a member of the house; or if, by virtue of section 29(4) of this constitution, he is required to cease to perform his functions as a member of the house. 58. oaths to be taken by ministers, etc a minister or a parliamentary secretary shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance, the oath of office and the oath of secrecy. 59. leader of the opposition there shall (except at times when there are no representatives who do not support the government) be a leader of the opposition who shall be appointed by the governor-general. whenever there is occasion for the appointment of a leader of the opposition the governor-general shall appoint the representative who appears to him most likely to command the support of a majority of the representatives who do not support the government: or, if no representative appears to him to command such support, the representative who appears to him to command the support of the largest single group of representatives who do not support the government: provided that-if there are two or more representatives who do not support the government but none of them commands the support of the other or others, the governor-general may, acting in his own deliberate judgment, appoint any one of them as leader of the opposition; and in the exercise of his judgment the governor-general shall be guided by the seniority of each based on his length of service as a representative, by the number of votes cast in favour of each at the last election of representatives or by both such seniority and such number of votes. if occasion arises to appoint a leader of the opposition during the period between a dissolution of parliament and the day on which the ensuing election of representatives is held, an appointment may be made as if parliament had not been dissolved. the office of leader of the opposition shall become vacant-if he ceases to be a member of the house otherwise than by reason of a dissolution of parliament; if, when the house first meets after a dissolution of parliament, he is not then a member of the house; if, under the provisions of section 29(4) of this constitution, he is required to cease to perform his functions as a member of the house; or if he is removed from office by the governor-general under the provisions of subsection (5) of this section. if it appears to the governor-general that the leader of the opposition is no longer able to command the support of a majority of the representatives who do not support the government or (if no representative appears to him to be able to command such support) the support of the largest single group of representatives who do not support the government, he shall remove the leader of the opposition from office. the powers of the governor-general under this section shall be exercised by him in his own deliberate judgment. 60. permanent secretaries where any minister has been charged with responsibility for any department of government, he shall exercise general direction and control over that department; and, subject to such direction and control, every department of government shall be under the supervision of a public officer whose office is referred to in this constitution as the office of a permanent secretary: provided that two or more government departments may be placed under the supervision of one permanent secretary. 61. secretary to the cabinet there shall be a secretary to the cabinet whose office shall be a public office. the secretary to the cabinet, who shall have charge of the cabinet office, shall be responsible, in accordance with such instructions as may be given to him by the prime minister, for arranging the business for, and keeping the minutes of, the cabinet and for conveying the decisions of the cabinet to the appropriate person or authority and shall have such other functions as the prime minister may direct. 62. constitution of offices, etc subject to the provisions of this constitution and of any other law, the governor-general may constitute offices for saint vincent, make appointments to any such office and terminate any such appointment. 63. attorney-general there shall be an attorney-general who shall be the principal legal adviser to the government. the office of attorney-general shall be either a public office or the office of a minister. no person shall be qualified to hold the office of attorney-general unless he holds one of the specified qualifications. at any time when the office of attorney-general is a public office the same person may, if qualified, be appointed to hold or act in the office of attorney-general and the office of director of public prosecutions. where the offices of attorney-general and director of public prosecutions are held by the same person the following provisions of this constitution shall have effect as if references therein to the director included references to the attorney-general, that is to say, sections 73, 81(6), (7), (8) and (9), 89(3) and 105(8)(a); but the provisions of this subsection shall be without prejudice to the powers of parliament or, subject to the provisions of any law enacted by parliament, the governor-general to determine that the office of attorney-general shall be the office of a minister. 64. control of public prosecutions there shall be a director of public prosecutions whose office shall be a public office. the director of public prosecutions shall have power in any case in which he considers it desirable so to do-to institute and undertake criminal proceedings against any person before any court of law (other than a court-martial) in respect of any offence alleged to have been committed by that person; to take over and continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority. the powers of the director of public prosecutions under subsection (2) of this section may be exercised by him in person or through other persons acting under and in accordance with his general or special instructions. the powers conferred on the director of public prosecutions by paragraphs (b) and (c) of subsection (2) of this section shall be vested in him to the exclusion of any other person or authority: provided that where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the court. for the purposes of this section, any appeal from a judgment in criminal proceedings before any court or any case stated or question of law reserved for the purpose of any such proceedings, to any other court (including her majesty in council) shall be deemed to be part of those proceedings: provided that the power conferred on the director of public prosecutions by subsection (2)(c) of this section shall not be exercised in relation to any appeal by a person convicted in any criminal proceedings or to any case stated or question of law reserved at the instance of such a person. in the exercise of the powers vested in him by subsection (2) of this section and section 42 of this constitution, the director of public prosecutions shall not be subject to the direction or control of any other person or authority. 65. prerogative of mercy the governor-general may-grant a pardon, either free or subject to lawful conditions, to any person convicted of any offence; grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence; substitute a less severe form of punishment for any punishment imposed on any person for any offence; or remit the whole or any part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the crown on account of any offence. the powers of the governor-general under subsection (1) of this section shall be exercised by him in accordance with the advice of such minister as may from time to time be designated by the governor-general acting in accordance with the advice of the prime minister. 66. advisory committee on prerogative of mercy there shall be an advisory committee on the prerogative of mercy for saint vincent (hereinafter in this section referred to as the committee) which shall consist of-the minister for the time being designated under section 65(2) of this constitution, who shall be chairman; the attorney-general; and not less than three nor more than four other members appointed by the governor-general by writing under his hand, of whom at least one shall be a minister and at least one shall be a person entitled to practise in saint vincent as a medical practitioner. a member of the committee appointed under subsection (1)(c) of this section shall hold his seat thereon for such period as may be specified in the instrument by which he was appointed: provided that his seat shall become vacant-in the case of a person who at the date of his appointment was a minister, if he ceases to be a minister; or in the case of a person who, at the date of his appointment, was entitled to practise in saint vincent as a medical practitioner, if he ceases to be so entitled; or if the governor-general, by writing under his hand, so directs. the committee may act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings. the committee may regulate its own procedure. in the exercise of his functions under this section, the governor-general shall act in accordance with the advice of the prime minister. 67. functions of advisory committee where any person has been sentenced to death (otherwise than by a court-martial) for an offence, the minister for the time being designated under section 65(2) of this constitution shall cause a written report of the case from the trial judge (or the chief justice, if a report from the trial judge cannot be obtained) together with such other information derived from the record of the case or elsewhere as he may require, to be taken into consideration at a meeting of the advisory committee on the prerogative of mercy; and after obtaining the advice of the committee he shall decide in his own deliberate judgment whether to advise the governor-general to exercise any of his powers under section 65(1) of this constitution. the minister for the time being designated under section 65(2) of this constitution may consult with the advisory committee on the prerogative of mercy before tendering any advice to the governor-general under that subsection in any case not falling within subsection (1) of this section but he shall not be obliged to act in accordance with the recommendation of the committee. chapter v. finance 68. consolidated fund all revenues or other moneys raised or received by saint vincent (not being revenues or other moneys that are payable, by or under any law for the time being in force in saint vincent, into some other fund established for a specific purpose) shall be paid into and form a consolidated fund. 69. withdrawals from consolidated fund or other public funds no moneys shall be withdrawn from the consolidated fund except-to meet expenditure that is charged upon the fund by this constitution or by any law enacted by parliament; or where the issue of those moneys has been authorised by an appropriation law or by a law made in pursuance of section 71 of this constitution. where any moneys are charged by this constitution or any law enacted by parliament upon the consolidated fund or any other public fund, they shall be paid out of that fund by the government to the person or authority to whom payment is due. no moneys shall be withdrawn from any public fund other than the consolidated fund unless the issue of those moneys has been authorised by or under any law. there shall be such provision as may be made by parliament prescribing the manner in which withdrawals may be made from the consolidated fund or any other public fund. the investment of moneys forming part of the consolidated fund shall be made in such manner as may be prescribed by or under a law enacted by parliament. notwithstanding the provisions of subsection (1) of this section, provision may be made by or under a law enacted by parliament authorising withdrawals to be made from the consolidated fund, in such circumstances and to such extent as may be prescribed by or under a law enacted by parliament, for the purpose of making repayable advances. 70. authorisation of expenditure from consolidated fund by appropriation law the minister for the time being responsible for finance shall cause to be prepared and laid before the house before, or not later than thirty days after, the commencement of each financial year estimates of the revenues and expenditure of saint vincent for that financial year. when the estimates of expenditure (other than expenditure charged upon the consolidated fund by this constitution or by any law enacted by parliament) have been approved by the house, a bill, known as an appropriation bill, shall be introduced in the house, providing for the issue from the consolidated fund of the sums necessary to meet that expenditure and the appropriation of those sums, under separate votes for the several services required, to the purposes specified therein. if in respect of any financial year it is found-that the amount appropriated by the appropriation law to any purpose is insufficient or that a need has arisen for expenditure for a purpose to which no amount has been appropriated by that law; or that any moneys have been expended for any purpose in excess of the amount appropriated to that purpose by the appropriation law or for a purpose to which no amount has been appropriated by that law, a supplementary estimate showing the sums required or spent shall be laid before the house and, when the supplementary estimate has been approved by the house, a supplementary appropriation bill shall be introduced in the house providing for the issue of such sums from the consolidated fund and appropriating them to the purposes specified therein. 71. authorisation of expenditure in advance of appropriation there shall be such provision as may be made by parliament under which, if the appropriation law in respect of any financial year has not come into operation by the beginning of that financial year, the minister for the time being responsible for finance may authorise the withdrawal of moneys from the consolidated fund for the purpose of meeting expenditure necessary to carry on the services of the government until the expiration of four months from the beginning of that financial year or the coming into operation of the law, whichever is the earlier. 72. contingencies fund there shall be such provision as may be made by parliament for the establishment of a contingencies fund and for authorising the minister for the time being responsible for finance, if satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from that fund to meet that need. where any advance is made from the contingencies fund, a supplementary estimate shall as soon as possible be laid before the house and when the supplementary estimate has been approved by the house, a supplementary appropriation bill shall be introduced as soon as possible in the house for the purpose of replacing the amount so advanced. 73. remuneration of certain officers there shall be paid to the holders of the offices to which this section applies such salaries and such allowances as may be prescribed by or under a law enacted by parliament. the salaries and allowances prescribed in pursuance of this section in respect of the holders of the offices to which this section applies shall be a charge on the consolidated fund. the salary prescribed in pursuance of this section in respect of the holder of any office to which this section applies and his other terms of service (other than allowances that are not taken into account in computing, under any law in that behalf, any pension payable in respect of his service in that office) shall not be altered to his disadvantage after his appointment. when a person's salary or other terms of service depend upon his option, the salary or terms for which he opts shall, for the purposes of subsection (3) of this section, be deemed to be more advantageous to him than any others for which he might have opted. this section applies to the offices of the governor-general, member of the public service commission, member of the police service commission, member of the public service board of appeal, the director of public prosecutions and the director of audit. nothing in this section shall be construed as prejudicing the provisions of section 88 of this constitution (which protects pensions rights in respect of service as a public officer). 74. public debt all debt charges for which saint vincent is liable shall be a charge on the consolidated fund. for the purposes of this section debt charges include interest, sinking fund charges, the repayment or amortization of debt and all expenditure in connection with the raising of loans on the security of the consolidated fund and the service and redemption of the debt created thereby. 75. audit of public accounts, etc there shall be a director of audit whose office shall be a public office. the director of audit shall-satisfy himself that all moneys that have been appropriated by parliament and disbursed have been applied to the purposes to which they were so appropriated and that the expenditure conforms to the authority that governs it; and at least once in every year audit and report on the public accounts of saint vincent, the accounts of all officers and authorities of the government, the accounts of all courts of law in saint vincent (including any accounts of the supreme court maintained in saint vincent), the accounts of every commission established by this constitution and the accounts of the clerk of the house. the director of audit and any officer authorised by him shall have access to all books, records, returns, reports and other documents which in his opinion relate to any of the accounts referred to in subsection (2) of this section. the director of audit shall submit every report made by him in pursuance of subsection (2) of this section to the minister for the time being responsible for finance who shall, not later than seven days after the house first meets after he has received the report, lay it before the house. if the minister fails to lay a report before the house in accordance with the provisions of subsection (4) of this section the director of audit shall transmit copies of that report to the speaker who shall, as soon as practicable, present them to the house. the director of audit shall exercise such other functions in relation to the accounts of the government or the accounts of other authorities or bodies established by law for public purposes as may be prescribed by or under any law enacted by parliament. in the exercise of his functions under subsections (2), (3), (4) and (5) of this section, the director of audit shall not be subject to the direction or control of any other person or authority. 76. public accounts committee the house shall, at the commencement of each session, appoint a public accounts committee from among its members, whose duties shall be to consider the accounts referred to in section 75(2) of this constitution in conjunction with the report of the director of audit and in particular to report to the house-in the case of any excess or unauthorised expenditure of public funds, the reasons for such expenditure; and any measures it considers necessary in order to ensure that public funds are properly spent, and such other duties relating to public accounts as the house may from time to time direct. chapter vi. the public service part 1. the public service commission 77. public service commission there shall be a public service commission for saint vincent (hereinafter in this section referred to as the commission) which shall consist of-a chairman appointed by the governor-general, acting in accordance with the advice of the prime minister; one member appointed by the governor-general, acting in accordance with the advice of the prime minister; and not less than one nor more than three other members appointed by the governor-general, acting in accordance with the advice of the prime minister: provided that the prime minister shall-consult the civil service association (or, if that association ceases to exist, such body or bodies representing the interests of public officers as he may determine) before tendering any advice to the governor-general for the purposes of paragraph (b) of this subsection; and consult the leader of the opposition before tendering any advice to the governor-general for the purposes of paragraph (c) of this subsection. a person shall not be qualified to be appointed as a member of the commission if-he is, or has at any time during the period of five years immediately preceding his appointment been, a member of the house or nominated for election as a representative; he is, or has at any time during that period been, the holder of an office in any political organisation that sponsors or otherwise supports, or that has at any time sponsored or otherwise supported, a candidate for election as a representative or a member of any local government authority; or he is, or has at any time during the three years preceding his appointment been, a judge of the supreme court or a public officer. a member of the commission shall not, within the period of three years commencing with the day on which he last held or acted in the office of member of the commission, be eligible for appointment to or to act in any public office. subject to the provisions of this section, the office of a member of the commission shall become vacant-at the expiration of two years from the date of his appointment; or if any circumstances arise that, if he were not a member of the commission, would cause him to be disqualified to be appointed as such under subsection (2) of this section. a member of the commission may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. a member of the commission shall be removed from office by the governor-general if the question of his removal from office has been referred to a tribunal appointed under subsection (7) of this section and the tribunal has recommended to the governor-general that he ought to be removed from office for inability as aforesaid or for misbehaviour. if the prime minister represents to the governor-general that the question of removing a member of the commission under this section ought to be investigated then-the governor-general shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the chief justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from such a court; and the tribunal shall enquire into the matter and report on the facts thereof to the governor-general and recommend to him whether the member ought to be removed under this section. if the question of removing a member of the commission has been referred to a tribunal under this section, the governor-general, acting in accordance with the advice of the prime minister, may suspend that member from the exercise of the functions of his office and any such suspension may at any time be revoked by the governor-general, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the governor-general that that member should not be removed. if the office of chairman of the commission is vacant or if the holder of that office is for any reason unable to exercise the functions of this office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be exercised by such other member of the commission as may for the time being be designated by the governor-general, acting in accordance with the advice of the prime minister. if at any time there are less than two members of the commission beside the chairman or if any such member is acting as chairman or is for any reason unable to exercise the functions of his office, the governor-general, acting in accordance with the advice of the prime minister, may appoint a person who is qualified to be appointed as a member of the commission to act as a member, and any person so appointed shall, subject to the provisions of subsection (4) of this section, continue to act until the office in which he is acting has been filled or, as the case may be, until the holder thereof has resumed his functions or until his appointment to act has been revoked by the governor-general, acting in accordance with the advice of the prime minister. a member of the commission shall not enter upon the duties of his office until he has taken and subscribed the oath of allegiance and the oath of office. the commission shall, in the exercise of its functions under this constitution, not be subject to the direction or control of any other person or authority. the commission may by regulation or otherwise regulate its own procedure and, with the consent of the prime minister, may confer powers or impose duties on any public officer or on any authority of the government for the purpose of the exercise of its functions. the commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings: provided that any decision of the commission shall require the concurrence of a majority of all its members. 78. appointment, etc., of public officers the power to appoint persons to hold or act in offices in the public service (including the power to confirm appointments), and, subject to the provisions of section 87 of this constitution, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the public service commission. the public service commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its powers under subsection (1) of this section to any one or more members of the commission or, with the consent of the prime minister, to any public officer. the provisions of this section shall not apply in relation to the following offices, that is to say-any office to which section 79 of this constitution applies; the office of attorney-general; the office of director of public prosecutions; the office of director of audit; any office to which section 83 of this constitution applies: or any office in the police force. no person shall be appointed under this section to, or to act in, any office on the governor-general's personal staff except with the concurrence of the governor-general, acting in his own deliberate judgment. before any of the powers conferred by this section are exercised by the public service commission or any other person or authority in relation to the clerk of the house or a member of his staff, the commission or that person or authority shall consult with the speaker. before the public service commission or any other person exercises any power under this section to appoint to, or to act in, any public office any person who holds or is acting in any office the power to make appointments to which is vested by this constitution in the governor-general acting in accordance with the advice of the judicial and legal services commission, the public service commission or that person shall consult with the judicial and legal services commission. a public officer shall not be removed from office or subjected to any other punishment under this section on the grounds of any act done or omitted by him in the exercise of a judicial function conferred on him unless the judicial and legal services commission concurs therein. part 2. appointments, etc., to particular offices 79. appointment, etc., of permanent secretaries and certain other officers this section applies to the offices of secretary to the cabinet, permanent secretary, head of a department of government, deputy head of a department of government, any office for the time being designated by the public service commission as an office of a chief professional adviser to a department of government and any office for the time being designated by the commission, after consultation with the prime minister, as an office the holders of which are required to reside outside saint vincent for the proper discharge of their functions or as an office in saint vincent whose functions relate to external affairs. the power to appoint persons to hold or to act in offices to which this section applies (including the power to confirm appointments), and, subject to the provisions of section 87 of this constitution, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the governor-general, acting in accordance with the advice of the public service commission: provided that-the power to appoint a person to hold or act in an office of permanent secretary on transfer from another such office carrying the same salary shall vest in the governor-general, acting in accordance with the advice of the prime minister; before the public service commission tenders advice to the governor-general with respect to the appointment of any person to hold an office to which this section applies (other than an appointment to an office of permanent secretary on transfer from another such office carrying the same salary) it shall consult with the prime minister and if the prime minister signifies his objection to the appointment of any person to the office, the commission shall not advise the governor-general to appoint that person; in relation to any office of ambassador, high commissioner or other principal representative of saint vincent in any other country or accredited to any international organization the governor-general shall act in accordance with the advice of the prime minister, who shall, before tendering any such advice in respect of any person who holds any public office to which appointments are made by the governor-general on the advice of or after consultation with some other person or authority, consult that person or authority. references in this section to a department of government shall not include the office of the governor-general, the department of the attorney-general, the department of the director of public prosecutions, the department of the director of audit, the department of the clerk of the house or the police force. 80. attorney-general when a public officer the power to appoint a person to hold or act in the office of attorney-general at any time when it is a public office and, subject to the provisions of section 63(5) of this constitution, the power to remove the attorney-general from office at any such time shall vest in the governor-general, acting in accordance with the advice of the judicial and legal services commission. before tendering advice with respect to the appointment of any person to hold or act in the office of attorney-general the judicial and legal services commission shall consult with the prime minister. 81. director of public prosecutions the director of public prosecutions shall be appointed by the governor-general, acting in accordance with the advice of the judicial and legal services commission. if the office of director of public prosecutions is vacant or if the holder of that office is for any reason unable to exercise the functions of his office, the governor-general, acting in accordance with the advice of the judicial and legal services commission, may appoint a person to act as director. a person shall not be qualified to be appointed to hold the office of director of public prosecutions unless he holds one of the specified qualifications and has held one or other of those qualifications for a total period of not less than five years. a person appointed to act in the office of director of public prosecutions shall, subject to the provisions of subsections (5), (7), (8) and (9) of this section, cease so to act-when a person is appointed to hold that office and has assumed the functions thereof or, as the case may be, when the person in whose place he is acting resumes the functions of that office; or at such earlier time as may be prescribed by the terms of his appointment. subject to the provisions of subsection (7) of this section, the director of public prosecutions shall vacate his office when he attains the prescribed age. a person holding the office of director of public prosecutions may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. the director of public prosecutions shall be removed from office by the governor-general if the question of his removal from office has been referred to a tribunal appointed under subsection (8) of this section and the tribunal has recommended to the governor-general that he ought to be removed for inability as aforesaid or for misbehaviour. if the prime minister or the chairman of the judicial and legal services commission represents to the governor-general that the question of removing the director of public prosecutions under this section ought to be investigated, then-the governor-general shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the chief justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from such a court; and the tribunal shall enquire into the matter and report on the facts thereof to the governor-general and recommend to him whether the director ought to be removed under this section. if the question of removing the director of public prosecutions has been referred to a tribunal under this section, the governor-general, acting in accordance with the advice of the judicial and legal services commission, may suspend the director from the exercise of the functions of his office and any such suspension may at any time be revoked by the governor-general acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the governor-general that the director should not be removed. the prescribed age for the purposes of subsection (5) of this section is the age of fifty-five years or such other age as may be prescribed by parliament: provided that any law enacted by parliament, to the extent to which it alters the prescribed age after a person has been appointed to be or to act as director of public prosecutions, shall not have effect in relation to that person unless he consents that it should have effect. 82. director of audit the director of audit shall be appointed by the governor-general, acting in accordance with the advice of the public service commission. if the office of director of audit is vacant or if the holder of that office is for any reason unable to exercise the functions of his office, the governor-general, acting in accordance with the advice of the public service commission, may appoint a person to act as director. before tendering advice for the purposes of subsection (1) or subsection (2) of this section, the public service commission shall consult with the prime minister. a person appointed to act in the office of director of audit shall, subject to the provisions of subsection (5), (7), (8) and (9) of this section, cease to act-when a person is appointed to hold that office and has assumed the functions thereof or, as the case may be, when the person in whose place he is acting resumes the functions of that office, or at such earlier time as may be prescribed by the terms of his appointment. subject to the provisions of subsection (7) of this section the director of audit shall vacate his office when he attains the prescribed age. a person holding the office of director of audit may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. the director of audit shall be removed from office by the governor-general if the question of his removal from office has been referred to a tribunal appointed under subsection (8) of this section and the tribunal has recommended to the governor-general that he ought to be removed for inability as aforesaid or for misbehaviour. if the prime minister or the chairman of the public service commission represents to the governor-general that the question of removing the director of audit under this section ought to be investigated-the governor-general shall appoint a tribunal which shall consist of a chairman and not less than two other members selected by the chief justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from such a court; and the tribunal shall enquire into the matter and report on the facts thereof to the governor-general and recommend to him whether the director ought to be removed under this section. if the question of removing the director of audit has been referred to a tribunal under this section, the governor-general, acting in accordance with the advice of the public service commission, may suspend the director of audit from the exercise of the functions of his office and any such suspension may at any time be revoked by the governor-general acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the governor-general that the director should not be removed. the prescribed age for the purposes of subsection (5) of this section is the age of fifty-five or such other age as may be prescribed by parliament: provided that any law enacted by parliament, to the extent to which it alters the prescribed age after a person has been appointed to be or to act as director of audit, shall not have effect in relation to that person unless he consents that it should have effect. 83. appointment, etc., of magistrates, registrars and legal officers this section applies to the offices of magistrate, registrar of the high court and assistant registrar of the high court and to any public office in the department of the attorney-general (other than the public office of attorney-general) or the department of the director of public prosecutions (other than the office of director) for appointment to which persons are required to hold one or other of the specified qualifications. the power to appoint persons to hold or act in offices to which this section applies (including the power to confirm appointments) and, subject to the provisions of section 87 of this constitution, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the governor-general, acting in accordance with the advice of the judicial and legal services commission. part 3. the police 84. police service commission there shall be a police service commission for saint vincent which shall consist of-the chairman of the public service commission; one member appointed by the governor-general, acting in accordance with the advice of the prime minister tendered after the prime minister has consulted the saint vincent police welfare association (or, if that association ceases to exist such, body representing the interests of police officers as the prime minister may determine); and the member or members of the public service commission appointed under paragraph (c) of section 77(1) of this constitution. the provisions of subsections (2) to (8) (inclusive) and (11) of section 77 of this constitution shall apply in relation to the member of the police service commission referred to in paragraph (b) of subsection (1) of this section as they apply in relation to a member of the public service commission. the member of the public service commission for the time being performing the functions of the chairman of that commission shall perform the functions of the chairman of the police service commission. any person for the time being authorised to act as a member of the public service commission under section 77(10) of this constitution (other than a person so authorised on account of the inability of the member of the commission appointed under section77(1)(b) of this constitution) shall act as a member of the police service commission. if at any time the member of the commission appointed under paragraph (b) of subsection (1) of this section is for any reason unable to exercise the functions of his office, the governor-general, acting in accordance with the advice of the prime minister, may appoint a person who is qualified to be appointed as a member of the commission to act as a member, and any person so appointed shall, subject to the provisions of subsection (2) of this section, continue to act until the holder of the office has resumed his functions or until his appointment to act has been revoked by the governor-general, acting in accordance with the advice of the prime minister. the commission shall, in the exercise of its functions under this constitution, not be subject to the direction or control of any other person or authority. the commission may by regulation or otherwise regulate its own procedure and, with the consent of the prime minister, may confer powers or impose duties on any public officer or on any authority of the government for the purpose of the exercise of its functions. the commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings: provided that any decision of the commission shall require the concurrence of a majority of all its members. 85. police force the power to appoint a person to hold or act in the office of commissioner of police or deputy commissioner of police and, subject to the provisions of section 87 of this constitution, the power to remove the commissioner or deputy commissioner from office shall vest in the governor-general, acting in accordance with the advice of the police service commission: provided that before the commission tenders advice to the governor-general with respect to the appointment of any person to hold the office of commissioner or deputy commissioner the commission shall consult with the prime minister and if the prime minister signifies his objection to the appointment of any person to the office the commission shall not advise the governor-general to appoint that person. the power to appoint persons to hold or act in offices in the police force below the rank of deputy commissioner of police but above the rank of sergeant (including the power to confirm appointments), and, subject to the provisions of section 87 of this constitution, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the police service commission. the power to appoint persons to hold or act in offices in the police force of or below the rank of sergeant (including the power to confirm appointments), and, subject to the provisions of section 87 of this constitution, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the commissioner of police. the commissioner of police may, by directions given in such manner as he thinks fit and subject to such conditions as he thinks fit, delegate any of his powers under subsection (3) of this section, other than the power to remove from office or reduce in rank, to any other member of the police force. a police officer shall not be removed from office or subjected to any other punishment under this section on the grounds of any act done or omitted by him in the exercise of any judicial function conferred on him unless the judicial and legal services commission concurs therein. in this section references to the rank of sergeant shall, if the ranks within the police force are altered (whether in consequence of the reorganization or replacement of an existing part of the force or the creation of an additional part), be construed as references to such rank or ranks as may be specified by the police service commission by order published in the official gazette, being a rank or ranks that in the opinion of the commission most nearly correspond to the rank of sergeant as it existed before the alteration. part 4. the public service board of appeal 86. public service board of appeal there shall be a public service board of appeal for saint vincent (hereinafter in this section and in section 87 of this constitution referred to as the board) which shall consist of-one member appointed by the governor-general, acting in his own deliberate judgment, who shall be chairman; one member appointed by the governor-general, acting in accordance with the advice of the prime minister; one member appointed by the governor-general, acting in accordance with the advice of the civil service association (or such other body as may be determined under paragraph (i) of the proviso to section 77(1) of this constitution); and one member appointed by the governor-general, acting in accordance with the advice of the saint vincent police welfare association (or such other body as may be determined under paragraph (b) of the proviso to section 84(1) of this constitution). a person shall not be qualified to be appointed as a member of the board if-he is, or has at any time during the period of five years immediately preceding his appointment been, a member of the house; he is, or has at any time during that period been, nominated as a candidate for election as a representative; or he is, or has at any time during that period been, the holder of an office in any political organisation that sponsors or otherwise supports, or that has at any time sponsored or otherwise supported, a candidate for election as a representative or a member of any local government authority. subject to the provisions of this section, the office of a member of the board shall become vacant-at the expiration of two years from the date of his appointment; or if any circumstances arise that, if he were not a member of the board, would cause him to be disqualified to be appointed as such under subsection (2) of this section. a member of the board may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. a member of the board shall be removed from office by the governor-general if the question of his removal from office has been referred to a tribunal appointed under subsection (6) of this section and the tribunal has recommended to the governor-general that he ought to be removed from office for inability as aforesaid or for misbehaviour. if the governor-general considers that the question of removing a member of the board under this section ought to be investigated, then-the governor-general shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the chief justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or of a court having jurisdiction in appeals from such a court; and the tribunal shall enquire into the matter and report on the facts thereof to the governor-general and recommend to him whether the member ought to be removed under this section. if the question of removing a member of the board has been referred to a tribunal under this section, the governor-general may suspend that member from the exercise of the functions of his office and any such suspension may at any time be revoked by the governor-general and shall in any case cease to have effect if the tribunal recommends to the governor-general that that member should not be removed. if at any time any member of the board is for any reason unable to exercise the functions of his office, the governor-general may appoint a person who is qualified to be appointed as a member of the board to act as a member, and any person so appointed shall, subject to the provisions of subsection (3) of this section, continue to act until the holder thereof has resumed his functions or until his appointment to act has been revoked by the governor-general. in the exercise of the powers conferred upon him by subsections (6), (7) and (8) of this section the governor-general shall, in the case of a member of the board appointed under paragraph (b) of subsection (1) of this section, act in accordance with the advice of the prime minister and shall in any other case act in his own deliberate judgment. the board shall, in the exercise of its functions under this constitution, not be subject to the direction or control of any other person or authority. 87. appeals in discipline cases this section applies to-any decision of the governor-general, acting in accordance with the advice of the public service commission, or any decision of the public service commission, to remove a public officer from office or to exercise disciplinary control over a public officer (including a decision made on appeal from or confirming a decision of any person to whom powers are delegated under section 78(2) of this constitution); any decision of any person to whom powers are delegated under section 78(2) of this constitution to remove a public officer from office or to exercise disciplinary control over a public officer (not being a decision which is subject to appeal to or confirmation by the public service commission); any decision of the public service commission to give such concurrence as is required by section 89(1) or (2) of this constitution in relation to the refusal, withholding, reduction in amount or suspending of any pensions benefits in respect of an officer's service as a public officer; or any decision of the governor-general, acting in accordance with the advice of the police service commission, to remove the commissioner of police or the deputy commissioner of police from office or any decision of the police service commission to remove a member of the police force from office or to exercise disciplinary control over such a member under section 85(2) of this constitution. if it is so provided by parliament, any decision of the commissioner of police under subsection (3) of section 85 of this constitution, or of a person to whom powers are delegated under subsection (4) of that section, to remove a police officer from office or to exercise disciplinary control over a police officer; such decisions with respect to the discipline of any military, naval or air force of saint vincent as may be prescribed by parliament. subject to the provisions of this section, an appeal shall lie to the board from any decision to which this section applies at the instance of the public officer, police officer or member of the naval, military or air force in respect of whom the decision is made: provided that in the case of any such decision as is referred to in subsection (1)(e) of this section, an appeal shall lie in the first instance to the police service commission if it is so provided by parliament, in which case the commission shall have the like powers as are conferred on the board by subsection (3) of this section. under an appeal under this section the board may affirm or set aside the decision appealed against or may make any other decision which the authority or person from whom the appeal lies could have made. every decision of the board shall require the concurrence of a majority of all the members of the board entitled to participate for the purpose of making the decision. the member of the public service board of appeal appointed under paragraph (d) of section 86(1) of this constitution shall not be entitled to participate as a member in proceedings of the board for the purpose of hearing and determining appeals from decisions mentioned in paragraphs (a), (b) and (c) of subsection (1) of this section or of making regulations under subsection (6)(b) or (c) of this section with respect to the procedure in such appeals or excepting any such decisions from the provisions of the said subsection (1); and the member of the board appointed under paragraph (c) of section 86(1) of this constitution shall not be entitled to participate as a member in proceedings of the board for the purpose of hearing and determining appeals from decisions mentioned in paragraph (d) of subsection (1) or subsection (2) of this section or of making regulations under subsection (6)(b) or (c) of this section with respect to the procedure in such appeals or excepting any such decisions from the provisions of the said subsection (1). subject to the provisions of subsection (5) of this section, the board may by regulation make provision for-the procedure of the board; the procedure in appeals under this section; or excepting from the provisions of subsection (1) of this section decisions in respect of public officers holding offices whose emoluments do not exceed such sum as may be prescribed by the regulations or such decisions to exercise disciplinary control, other than decisions to remove from office, as may be so prescribed. regulations made under this section may, with the consent of the prime minister, confer powers or impose duties on any public officer or any authority of the government for the purpose of the exercise of the functions of the board. the board may, subject to the provisions of this section and to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings. part 5. pensions 88. pensions laws and protection of pensions rights the law to be applied with respect to any pensions benefits that were granted to any person before the commencement of this constitution shall be the law that was in force at the date on which those benefits were granted or any law in force at a later date that is not less favourable to that person. the law to be applied with respect to any pensions benefits (not being benefits to which subsection (1) of this section applies) shall-in so far as those benefits are wholly in respect of a period of service as a judge or officer of the supreme court or a public officer or a member of the house of assembly that commenced before the commencement of this constitution, be the law that was in force at such commencement; and in so far as those benefits are wholly or partly in respect of a period of service as a judge or officer of the supreme court or a public officer or a member of the house of assembly that commenced after the commencement of this constitution, be the law in force on the date on which that period of service commenced, or any law in force at a later date that is not less favourable to that person. where a person is entitled to exercise an option as to which of two or more laws shall apply in his case, the law for which he opts shall for the purposes of this section, be deemed to be more favourable to him than the other law or laws. all pensions benefits shall (except to the extent that they are by law charged upon and duly paid out of some other fund) be a charge on the consolidated fund. in this section "pensions benefits" means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as members of the house, judges or officers of the supreme court or public officers or for the widows, children, dependants or personal representatives of such persons in respect of such service. references in this section to the law with respect to pensions benefits include (without prejudice to their generality) references to the law regulating the circumstances in which such benefits may be granted or in which the grant of such benefits may be refused, the law regulating the circumstances in which any such benefits that have been granted may be withheld, reduced in amount or suspended and the law regulating the amount of any such benefits. 89. power to withhold pensions, etc where under any law any person or authority has a discretion to decide whether or not any pension benefits shall be granted; or to withhold, reduce in amount or suspend any such benefits that have been granted, those benefits shall be granted and may not be withheld, reduced in amount or suspended unless the public service commission concurs in the refusal to grant the benefits or, as the case may be, in the decision to withhold them, reduce them in amount or suspend them. where the amount of any pensions benefits that may be granted to any person is not fixed by law, the amount of the benefits to be granted to him shall be the greatest amount for which he is eligible unless the public service commission concurs in his being granted benefits of a smaller amount. the public service commission shall not concur under subsection (1) or subsection (2) of this section in any action taken on the ground that any person who holds or has held the office of judge of the supreme court, director of public prosecutions or director of audit has been guilty of misbehaviour in that office unless he has been removed from that office by reason of such misbehaviour. before the public service commission concurs under subsection (1) or subsection (2) of this section in any action taken on the ground that any person who holds or has held any office to which, at the time of such action, section 83 of this constitution applies has been guilty of misbehaviour in that office, the public service commission shall consult the judicial and legal services commission. in this section "pensions benefits" means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as judges or officers of the supreme court or public officers or for the widows, children, dependants or personal representatives of such persons in respect of such service. chapter vii. citizenship 90. persons who become citizens on 27th october 1979 every person who, having been born in saint vincent, is immediately before the commencement of this constitution a citizen of the united kingdom and colonies shall become a citizen at such commencement. every person who, immediately before the commencement of this constitution, is a citizen of the united kingdom and colonies-having become such a citizen under the british nationality act 1948 [fn: 1948 c. 56.] by virtue of his having been naturalised in saint vincent as a british subject before that act came into force; or having while resident in saint vincent become such a citizen by virtue of his having been naturalised or registered under that act, shall become a citizen at such commencement. every person who, having been born outside saint vincent, is immediately before the commencement of this constitution a citizen of the united kingdom and colonies shall, if his father or mother becomes, or would but for his death or the renunciation of his citizenship of the united kingdom and colonies have become, a citizen by virtue of subsection (1) or subsection (2) of this section, become a citizen at such commencement. every woman who, having been married to a person who becomes, or but for his death or the renunciation of his citizenship of the united kingdom and colonies would have become, a citizen by virtue of subsection (1), (2) or (3) of this section, is a citizen of the united kingdom and colonies immediately before the commencement of this constitution shall become a citizen at such commencement. 91. persons born in saint vincent on or after 27th october 1979 every person born in saint vincent after the commencement of this constitution shall become a citizen at the date of his birth: provided that a person shall not become a citizen by virtue of this section if at the time of his birth-neither of his parents is a citizen of saint vincent and his father or mother possesses such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to saint vincent; or his father is a citizen of a country with which saint vincent is at war and the birth occurs in a place then under occupation by that country. 92. persons born outside saint vincent on or after 27th october 1979 a person born outside saint vincent after the commencement of this constitution shall become a citizen at the date of his birth if, at that date, his father or mother is a citizen otherwise than by virtue of this section or section 90(3) of this constitution. 93. registration the following persons shall be entitled, upon making application, to be registered as citizens-any woman who is married to a citizen or who has been married to a person who, at any time during the period during which they were married to each other, was a citizen; any person who, being a commonwealth citizen, is ordinarily resident in saint vincent at the commencement of this constitution, having been so resident for the period of seven years immediately preceding such commencement; any person who, having been a citizen, has renounced his citizenship in order to qualify for the acquisition or retention of the citizenship of another country; any person who, but for having renounced his citizenship of the united kingdom and colonies in order to qualify for the acquisition or retention of the citizenship of another country, would have become a citizen at the commencement of this constitution; any woman who is married to any such person as is mentioned in paragraph (b), (c) or of this subsection or who was married to a person who, at any time during the period during which they were married to each other, was entitled to be registered as a citizen under any such paragraph; any woman who, before the commencement of this constitution, has been married to a person-who becomes a citizen by virtue of section 90 of this constitution; or who, having died before such commencement, would but for his death have become a citizen by virtue of that section, but whose marriage has been terminated by death or dissolution before such commencement. the following persons shall be entitled, upon making application, to be registered as citizens-any man who is married to a citizen or who has been married to a person who, at any time during the period during which they were married to each other, was a citizen; any person who, being a commonwealth citizen, is and for seven years previous to his application has been ordinarily resident in saint vincent; any man who is married to any such person as is mentioned in paragraph (b), (c) or (d) of subsection (1) of this section or who was married to a person who, at any time during the period during which they were married to each other, was entitled to apply to be registered as a citizen under any such paragraph; any person under the age of twenty-one years who is the stepchild or child adopted in a manner recognised by law of a citizen or is the child, stepchild or child so adopted of a person who is or would but for his death have been entitled to be registered as a citizen under subsection (1) of this section: provided that if it is so provided by parliament an application for registration as a citizen under this subsection may, in such circumstances as may be prescribed by parliament in the interests of defence, public safety or public order, be refused by the minister responsible for the matter in any case in which he is satisfied that there are reasonable grounds for refusing the application. an application under this section shall be made in such manner as may be prescribed, as respects that application, by or under a law enacted by parliament and, in the case of a person to whom subsection (2)(d) of this section applies, it shall be made on his behalf by his parent or guardian: provided that, if any such person is or has been married, he may make the application himself. every person who, being a british protected person, an alien or, if it is so prescribed by parliament, a citizen of any country within the commonwealth not forming part of her majesty's dominions and having reached the age of twenty-one years, applies for registration under this section shall, before such registration, take the oath of allegiance. 94. acquisition, deprivation and renunciation there shall be such provision as may be made by parliament for-the acquisition of citizenship by persons who are not eligible or who are no longer eligible to become citizens under the provisions of this chapter; depriving of his citizenship any person who is a citizen otherwise than by virtue of section 90, 91 or 92 of this constitution; the renunciation by any person of his citizenship. 95. interpretation in this chapter-"alien" means a person who is not a commonwealth citizen, a british protected person or a citizen of the republic of ireland; "british protected person" means a person who is a british protected person for the purposes of the british nationality act 1948; "the british nationality act 1948" includes any act of the parliament of the united kingdom altering that act; "father", in relation to a child born out of wedlock and not legitimated, includes a person who acknowledges and can show that he is the father of the child. for the purposes of this chapter, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country. any reference in this chapter to the national status of the father of a person at the time of that person's birth shall, in relation to a person born after the death of his father, be construed as a reference to the national status of the father at the time of the father's death; and where that death occurred before the commencement of this constitution and the birth occurred after such commencement the national status that the father would have had if he had died immediately after such commencement shall be deemed to be his national status at the time of his death. chapter viii. judicial provisions 96. original jurisdiction of high court in constitutional questions subject to the provisions of section 22(2), 38(8)(b), 102(2) and 105(10) of this constitution, any person who alleges that any provision of this constitution (other than a provision of chapter i thereof) has been or is being contravened may, if he has a relevant interest, apply to the high court for a declaration and for relief under this section. the high court shall have jurisdiction on an application made under this section to determine whether any provision of this constitution (other than a provision of chapter i thereof) has been or is being contravened and to make a declaration accordingly. where the high court makes a declaration under this section that a provision of this constitution has been or is being contravened and the person on whose application the declaration is made has also applied for relief, the high court may grant to that person such remedy as it considers appropriate, being a remedy available generally under any law in proceedings in the high court. the chief justice may make rules with respect to the practice and procedure of the high court in relation to the jurisdiction and powers conferred on the court by or under this section, including provision with respect to the time within which any application under this section may be made. a person shall be regarded as having a relevant interest for the purpose of an application under this section only if the contravention of this constitution alleged by him is such as to affect his interests. the rights conferred on a person by this section to apply for a declaration and relief in respect of an alleged contravention of this constitution shall be in addition to any other action in respect of the same matter that may be available to that person under any law. nothing in this section shall confer jurisdiction on the high court to hear or determine any such question as is referred to in section 36 of this constitution. 97. reference of constitutional questions to high court where any question as to the interpretation of this constitution arises in any court of law established for saint vincent (other than the court of appeal, the high court or a court martial) and the court is of opinion that the question involves a substantial question of law, the court shall refer the question to the high court. where any question is referred to the high court in pursuance of this section, the high court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if the decision is the subject of an appeal to the court of appeal or to her majesty in council, in accordance with the decision of the court of appeal or, as the case may be, of her majesty in council. 98. appeals to court of appeal subject to the provisions of section 36 of this constitution, an appeal shall lie from decisions of the high court to the court of appeal as of right in the following cases-final decision in any civil or criminal proceedings on questions as to the interpretation of this constitution; final decisions given in exercise of the jurisdiction conferred on the high court by section 16 of this constitution (which relates to the enforcement of the fundamental rights and freedoms); and such other cases as may be prescribed by parliament. 99. appeals to her majesty in council an appeal shall lie from decisions of the court of appeal to her majesty in council as of right in the following cases-final decisions in any civil proceedings where the matter in dispute on the appeal to her majesty in council is of the prescribed value or upwards or where the appeal involves directly or indirectly a claim to or question respecting property or a right of the prescribed value or upwards; final decisions in proceedings for dissolution or nullity of marriage; final decisions in any civil or criminal proceedings which involve a question as to the interpretation of this constitution; and such other cases as may be prescribed by parliament. an appeal shall lie from decisions of the court of appeal to her majesty in council with the leave of the court of appeal in the following cases-decisions in any civil proceedings where in the opinion of the court of appeal the question involved in the appeal is one that, by reason of its great general or public importance or otherwise, ought to be submitted to her majesty in council; and such other cases as may be prescribed by parliament. an appeal shall lie to her majesty in council with the special leave of her majesty from any decision of the court of appeal in any civil or criminal matter. references in this section to decisions of the court of appeal shall be construed as references to decisions of the court of appeal in exercise of the jurisdiction conferred by this constitution or any other law. in this section the prescribed value means the value of fifteen hundred dollars or such other value as may be prescribed by parliament. this section shall be subject to the provisions of section 36(7) of this constitution. 100. interpretation in this chapter references to the contravention of any provision of, or the interpretation of, this constitution shall be construed as including references to the contravention of any provision of, or the interpretation of, the supreme court order. chapter ix. miscellaneous 101. supreme law this constitution is the supreme law of saint vincent and, subject to the provisions of this constitution, if any other law is inconsistent with this constitution, this constitution shall prevail and the other law shall, to the extent of the inconsistency, be void. 102. functions of governor-general any reference in this constitution to the functions of the governor-general shall be construed as a reference to his powers and duties in the exercise of the executive authority of saint vincent and to any other powers and duties conferred or imposed on him as governor-general by or under this constitution or any other law. where by this constitution the governor-general is required to perform any function in accordance with the advice of any person or authority, the question whether the governor-general has so exercised that function shall not be enquired into in any court of law. 103. resignations a representative or a senator may resign his seat by writing under his hand addressed to the speaker and the resignation shall take effect, and the seat shall accordingly become vacant, when the writing is received, as the case may be, by-the speaker; if the office of speaker is vacant or the speaker is for any reason unable to perform the functions of his office and no other person is performing them, the deputy speaker; or if the office of deputy speaker is vacant or the deputy speaker is for any reason unable to perform the functions of his office and no other person is performing them, the clerk of the house. the speaker or the deputy speaker may resign his office by writing under his hand addressed to the house and the resignation shall take effect, and the office shall accordingly become vacant, when the writing is received by the clerk of the house. any person who has been appointed to an office established by this constitution (other than an office to which subsection (1) or (2) of this section applies) or any office of minister established under this constitution may resign that office by writing under his hand addressed to the person or authority by whom he was appointed and the resignation shall take effect, and the office shall accordingly become vacant-at such time or on such date (if any) as may be specified in the writing; or when the writing is received by the person or authority to whom it is addressed or by such other person as may be authorised to receive it, whichever is the later: provided that the resignation may be withdrawn before it takes effect if the person or authority to whom the resignation is addressed consents to its withdrawal. 104. re-appointment and concurrent appointments where any person has vacated any office established by this constitution or any office of minister or parliamentary secretary established under this constitution, he may, if qualified, again be appointed or elected to hold that office in accordance with the provisions of this constitution. where this constitution vests in any person or authority the power to make any appointment to any office, a person may be appointed to that office, notwithstanding that some other person may be holding that office, when that other person is on leave of absence pending the relinquishment of the office; and where two or more persons are holding the same office by reason of an appointment made in pursuance of this subsection, then, for the purposes of any function conferred upon the holder of that office, the person last appointed shall be deemed to be the sole holder of the office. 105. interpretation in this constitution, unless the context otherwise requires-"citizen" means a citizen of saint vincent and "citizenship" shall be construe accordingly; "commonwealth citizen" has such meaning as parliament may prescribe; "dollars" means dollars in the currency of saint vincent; "financial year" means any period of twelve months beginning on 1st january in any year or such other date as may be prescribed by law; "the government" means the government of saint vincent; "the house" means the house of assembly; "law" means any law in force in saint vincent or any part thereof, including any instrument having the force of law and any unwritten rule of law and "lawful"and "lawfully" shall be construed accordingly; "minister" means a minister of the government; "parliament" means the parliament of saint vincent; "oath" includes affirmation; "oath of allegiance" means such oath of allegiance as may be prescribed by law; "oath of office" means, in relation to any office, such oath for the due execution of that office as may be prescribed by law; "oath of secrecy" means such oath of secrecy as may be prescribed by law; "the police force" means the royal saint vincent police force and includes any other police force established to succeed to the functions of the royal saint vincent police force; "public office" means any office of emoluments in the public service; "public officer" means a person holding or acting in any public office; "the public service" means, subject to the provisions of this section, the service in a civil capacity of the government; "saint vincent" means saint vincent and the grenadines; "session" means, in relation to the house, the period beginning when it first meets after parliament has at any time been prorogued or dissolved and ending when parliament is prorogued or when parliament is dissolved without having been prorogued; "sitting" means, in relation to the house, the period during which it is sitting continuously without adjournment and includes any period during which it is in committee; "speaker" and "deputy speaker" mean the respective persons holding office as speaker and deputy speaker of the house. in this constitution references to an office in the public service shall not be construed as including-references to the office of the speaker or deputy speaker, the prime minister or any other minister, a parliamentary secretary or a member of the house; references to the office of a member of any commission established by this constitution or a member of the advisory committee on the prerogative of mercy or a member of the public service board of appeal; references to the office of judge or officer of the supreme court; save in so far as may be provided by parliament, references to the office of a member of any other council, board, panel, committee or other similar body (whether incorporated or not) established by or under any law. in this constitution-references to the supreme court order include references to any law altering that order; references to the supreme court, the court of appeal, the high court and the judicial and legal services commission are references to the supreme court, the court of appeal, the high court and the judicial and legal services commission established by the supreme court order; references to the chief justice have the same meaning as in the supreme court order; references to a judge of the supreme court are references to a judge of the high court or the court of appeal and, unless the context otherwise requires, include references to a judge of the former supreme court of the windward islands and leeward islands; and references to officers of the supreme court are references to the chief registrar and other officers of the supreme court appointed under the supreme court order. in this constitution "the specified qualifications" means the professional qualifications specified by or under any law, one of which must be held by any person before he may apply under that law to be admitted to practice as a barrister or a solicitor in saint vincent. for the purposes of this constitution, a person shall not be regarded as holding an office by reason only of the fact that he is in receipt of a pension or other like allowance. in this constitution, unless the context otherwise requires, a reference to the holder of an office by the term designating his office shall be construed as including, to the extent of his authority, a reference to any person for the time being authorised to exercise the functions of that office. except in the case where this constitution provides for the holder of any office thereunder to be such person holding or acting in any other office as may for the time being be designated in that behalf by some other specified person or authority, no person may, without his consent, be nominated for election to any such office or be appointed to or to act therein or otherwise be selected therefor. references in this constitution to the power to remove a public officer from his office shall be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service: provided that-nothing in this subsection shall be construed as conferring on any person or authority the power to require the director of public prosecutions or the director of audit to retire from the public service; and any power conferred by any law to permit a person to retire from the public service shall, in the case of any public officer who may be removed from office by some person or authority other than a commission established by this constitution, vest in the public service commission. any provision in this constitution that vests in any person or authority the power to remove any public officer from his office shall be without prejudice to the power of any person or authority to abolish any office or to any law providing for the compulsory retirement of public officers generally or any class of public officer on attaining an age specified by or under that law. where this constitution vests in any person or authority the power to appoint any person to act in or to exercise the functions of any office if the holder thereof is himself unable to exercise those functions, no such appointment shall be called in question on the grounds that the holder of the office was not unable to exercise those functions. no provision of this constitution that any person or authority shall not be subject to the direction or control of any other person or authority in the exercise of any functions under this constitution shall be construed as precluding a court of law from exercising jurisdiction in relation to any question whether that person or authority has exercised those functions in accordance with this constitution or any other law. without prejudice to the provisions of section 14 of the interpretation act 1978 [fn: 1978 c. 30.] (as applied by subsection (15) of this section), where any power is conferred by this constitution to make any order, regulation or rule or give any direction or make any designation, the power shall be construed as including the power, exercisable in like manner and subject to the like conditions, if any, to amend or revoke any such order, regulation, rule, direction, or designation. save as may be otherwise provided by parliament, the provisions (except sections 2 and 16) of the commissions of enquiry ordinance of saint vincent shall apply, with the necessary adaptations, in relation to tribunals appointed under sections 32(6), 77(7), 81(8), 82(8) and 86(6) of this constitution or, as the context may require, to the members thereof as they apply in relation to commissions or commissioners appointed under that ordinance. in this constitution references to altering this constitution or any other law, or any provision thereof, include references-to revoking it, with or without re-enactment thereof or the making of different provision in lieu thereof; to modifying it whether by omitting or amending any of its provisions or inserting additional provisions in it or otherwise; and to suspending its operation for any period or terminating any such suspension. the interpretation act 1978 shall apply, with the necessary adaptations, for the purpose of interpreting this constitution and otherwise in relation thereto as it applies for the purpose of interpreting and in relation to acts of the parliament of the united kingdom. the schedule to the constitution. alteration of constitution and supreme court order (section 38) part 1. provisions of constitution referred to in section 38(3 chapter 1; sections 19, 20 and 50; sections 23, 24(1), 27, 28, 32, 33 (except the number of constituencies), 34, 36, 37, 43, 47, 48 and 49; section 64; chapter v; chapter vi (except sections 86 and 87); chapter viii; section 105 in its application to any of the provisions mentioned in this schedule. part 2. provisions of supreme court order referred to in section 38(3 sections 4, 5, 6, 8, 11, 18 and 19. preamble stemming from: the decision of the citizens of montenegro to live in an independent and sovereign state of montenegro, made in the referendum held on may 21, 2006; the commitment of the citizens of montenegro to live in a state in which the basic values are freedom, peace, tolerance, respect for human rights and liberties, multiculturalism, democracy and the rule of law; the determination that we, as free and equal citizens, members of peoples and national minorities who live in montenegro: montenegrins, serbs, bosniacs, albanians, muslims, croats and the others, are committed to democratic and civic montenegro; the conviction that the state is responsible for the preservation of nature, sound environment, sustainable development, balanced development of all its regions and the establishment of social justice; the dedication to cooperation on equal footing with other nations and states and to the european and euro-atlantic integrations, the constitutional assembly of the republic of montenegro, at its third sitting of the second regular session in 2007, held on 19 october 2007, adopts the constitution of the republic of montenegro part 1. basic provisions article 1. the state montenegro is an independent and sovereign state, with the republican form of government. montenegro is a civil, democratic, ecological and the state of social justice, based on the rule of law. article 2. sovereignty bearer of sovereignty is the citizen with montenegrin citizenship. the citizen shall exercise power directly and through the freely elected representatives. the power not stemming from the freely expressed will of the citizens in democratic election in accordance with the law, can neither be established nor recognised. article 3. state territory the territory of montenegro is unified and inalienable. article 4. state symbols montenegro shall have a coat of arms, a flag and a national anthem. the coat of arms of montenegro shall be the golden double-headed eagle with lion on its chest. the flag of montenegro shall be red in color, with the coat of arms in the center and the golden brim. the national anthem of montenegro shall be "oj svijetla majska zoro". article 5. capital and old royal capital the capital of montenegro shall be podgorica, the old royal capital of montenegro shall be cetinje. article 6. human rights and liberties montenegro shall guarantee and protect rights and liberties. the rights and liberties shall be inviolable. everyone shall be obliged to respect the rights and liberties of others. article 7. prohibition of infliction of hatred infliction or encouragement of hatred or intolerance on any grounds shall be prohibited. article 8. prohibition of discrimination direct or indirect discrimination on any grounds shall be prohibited. regulations and introduction of special measures aimed at creating the conditions for the exercise of national, gender and overall equality and protection of persons who are in an unequal position on any grounds shall not be considered discrimination. special measures may only be applied until the achievement of the aims for which they were undertaken. article 9. legal order the ratified and published international agreements and generally accepted rules of international law shall make an integral part of the internal legal order, shall have the supremacy over the national legislation and shall be directly applicable when they regulate the relations differently from the internal legislation. article 10. limits of liberties in montenegro, anything not prohibited by the constitution and the law shall be free. everybody is obliged to abide by the constitution and the law. article 11. division of powers the power shall be regulated following the principle of the division of powers into the legislative, executive and judicial. the legislative power shall be exercised by the parliament, the executive power by the government and the judicial by courts. the power is limited by the constitution and the law. the relationship between powers shall be based on balance and mutual control. montenegro shall be represented by the president of montenegro. constitutionality and legality shall be protected by the constitutional court. army and security services shall be under democratic and civil control. article 12. montenegrin citizenship in montenegro there shall be a montenegrin citizenship. montenegro shall protect the rights and interests of the montenegrin citizens. montenegrin citizen shall not be expelled or extradited to other state, except in accordance with the international obligations of montenegro. article 13. language and alphabet the official language in montenegro shall be montenegrin. cyrillic and latin alphabet shall be equal. serbian, bosniac, albanian and croatian shall also be in the official use. article 14. separation of the religious communities from the state religious communities shall be separated from the state. religious communities shall be equal and free in the exercise of religious rites and religious affairs. article 15. relations with other states and international organizations montenegro shall cooperate and develop friendly relations with other states, regional and international organizations, based on the principles and rules of international law. montenegro may accede to international organizations. the parliament shall decide on the manner of accession to the european union. montenegro shall not enter into a union with another state by which it loses its independence and full international personality. article 16. legislation the law, in accordance with the constitution, shall regulate: the manner of exercise of human rights and liberties, when this is necessary for their exercise; the manner of exercise of the special minority rights; the manner of establishment, organization and competences of the authorities and the procedure before those authorities, if so required for their operation; the system of local self-government; other matters of interest for montenegro. part 2. human rights and liberties 1. common provisions article 17. grounds and equality rights and liberties shall be exercised on the basis of the constitution and the confirmed international agreements. all shall be deemed equal before the law, regardless of any particularity or personal feature. article 18. gender equality the state shall guarantee the equality of women and men and shall develop the policy of equal opportunities. article 19. protection everyone shall have the right to equal protection of the rights and liberties thereof. article 20. legal remedy everyone shall have the right to legal remedy against the decision ruling on the right or legally based interest thereof. article 21. legal aid everyone shall have the right to legal aid. legal aid shall be provided by the bar, as an independent and autonomous profession, and by other services. legal aid may be provided free of charge, in accordance with the law. article 22. right to local self-government the right to local self-government shall be guaranteed. article 23. environment everyone shall have the right to a sound environment. everyone shall have the right to receive timely and full information about the status of the environment, to influence the decision-making regarding the issues of importance for the environment, and to legal protection of these rights. everyone, the state in particular, shall be bound to preserve and improve the environment article 24. limitation of human rights and liberties guaranteed human rights and freedoms may be limited only by the law, within the scope permitted by the constitution and to such an extent which is necessary to meet the purpose for which the limitation is allowed, in an open and democratic society. limitations shall not be introduced for other purposes except for those for which they have been provided for. article 25. temporary limitation of rights and liberties during the proclaimed state of war or emergency, the exercise of certain human rights and freedoms may be limited, to the necessary extent. the limitations shall not be introduced on the grounds of sex, nationality, race, religion, language, ethnic or social origin, political or other beliefs, financial standing or any other personal feature. there shall be no limitations imposed on the rights to: life, legal remedy and legal aid; dignity and respect of a person; fair and public trail and the principle of legality; presumption of innocence; defense; compensation of damage for illegal or ungrounded deprivation of liberty and ungrounded conviction; freedom of thought, conscience and religion; entry into marriage. there shall be no abolishment of the prohibition of: inflicting or encouraging hatred or intolerance; discrimination; trial and conviction twice for one and the same criminal offence (ne bis in idem); forced assimilation. measures of limitation may be in effect at the most for the duration of the state of war or emergency. 2. personal rights and liberties article 26. prohibition of death penalty the death penalty shall be prohibited in montenegro. article 27. bio-medicine the right of a person and dignity of a human being with regard to the application of biology and medicine shall be guaranteed. any intervention aimed at creating a human being that is genetically identical to another human being, living or dead shall be prohibited. it is prohibited to perform medical and other experiments on human beings, without their permission. article 28. dignity and inviolability of persona the dignity and security of a man shall be guaranteed. the inviolability of the physical and mental integrity of a man, and privacy and individual rights thereof shall be guaranteed. no one can be subjected to torture or inhuman or degrading treatment. no one can be kept in slavery or servile position. article 29. deprivation of liberty everyone shall have the right to personal liberty. deprivation of liberty is allowed only for reasons and in the procedure provided for by law. person deprived of liberty shall be notified immediately of the reasons for the arrest thereof, in own language or in the language he/she understands. concurrently, person deprived of liberty shall be informed that he/she is not obliged to give any statement. at the request of the person deprived of his/her liberty, the authority shall immediately inform about the deprivation of liberty the person of own choosing of the person deprived of his/her liberty. the person deprived of his/her liberty shall have the right to the defense counsel of his/her own choosing present at his interrogation. unlawful deprivation of liberty shall be punishable. article 30. detention person suspected with reasonable doubt to have committed a crime may, on the basis of the decision of the competent court, be detained and kept in confinement only if this is necessary for the pre-trial procedure. detainee shall be given the explained decision of detention at the time of being placed in detention or at the latest 24 hours from being put in detention. detainee shall have the right of appeal against the decision of detention, upon which the court shall decide within 48 hours. the duration of detention shall be reduced to the shortest possible period of time. detention by the decision of first-instance court may last up to three months from the day of detention, and by the decision of a higher court, the detention may be extended for additional three months. if no indictment is raised by that time, the detainee shall be released. detention of minors may not exceed 60 days. article 31. respect for person the respect of human personality and dignity in the criminal or other procedure, in case of deprivation or limitation of liberty and during the execution of imprisonment sentence shall be guaranteed. any form of violence, inhuman or degrading behavior against a person deprived of liberty or whose liberty has been limited, and any extortion of confession and statement shall be prohibited and punishable. article 32. fair and public trial everyone shall have the right to fair and public trial within reasonable time before an independent and impartial court established by the law. article 33. principle of legality no one may be punished for an act which, prior to being committed, was not stipulated by law or a regulation based on the law as a punishable act, or pronounced a punishment that was not stipulated for such act. criminal acts and criminal sanctions may be prescribed solely by a law. article 34. more lenient regulation criminal and other punishable acts shall be established and relevant penalties imposed in accordance with the law or regulation valid at the time when the act is committed, unless the new law or regulation is more lenient for the perpetrator. article 35. presumption of innocence every one shall be deemed innocent until the guilt thereof has been established by an enforceable court decision. the accused shall not be obliged to prove the innocence thereof. the court shall interpret the doubt regarding the guilt to the benefit of the accused. article 36. ne bis in idem no one may be trialed or convicted twice for one and the same punishable act. article 37. right to defense every one shall be guaranteed the right to defense, and especially: to be informed in the language he/she understands about the charges against thereof; to have sufficient time to prepare defense and to be defended personally or through a defense attorney of his/her own choosing. article 38. compensation of damage for illegal action person deprived of liberty in an illegal or ungrounded manner or convicted without grounds shall have the right to the compensation of damage from the state. article 39. movement and residence the right to freedom of movement and residence shall be guaranteed, as well as the right to leave montenegro. freedom of movement, residence and leaving montenegro may be restricted if required so for conducting the criminal procedure, prevention of contagious diseases spreading or for the security of montenegro. movement and residence of foreigner citizens shall be regulated by the law. article 40. right to privacy everybody shall have the right to respect for his/her private and family life. article 41. inviolability of home home shall be inviolable. no one shall enter the dwelling place or other premises against the will of the possessor thereof and search them without a court warrant. the search of premises shall be conducted in the presence of two witnesses. a person in official capacity may enter other people's dwelling place or other premises without the court warrant and conduct the search without the presence of witnesses if so necessary for the prevention of execution of a criminal offence, immediate apprehension of a perpetrator or to save people and property. article 42. confidentiality of correspondence confidentiality of letters, telephone conversations and other means of communication shall be inviolable. the principle of inviolability of confidentiality of letters, telephone calls and other means of communication shall be deviated from only on the basis of a court decision, if so required for the purposes of conducting criminal proceedings or for the security of montenegro. article 43. personal data the protection of personal data shall be guaranteed. it is prohibited to use personal data for purposes other than those for which they were collected. everyone shall have the right to be informed about the personal data collected about him or her and the right to court protection in case of abuse. article 44. right to asylum a foreign national reasonably fearing from persecution on the grounds of his/her race, language, religion or association with a nation or a group or due to own political beliefs may request asylum in montenegro. a foreign national shall not be expelled from montenegro to where due to his race, religion, language or association with a nation he/she is threatened with death sentence, torture, inhuman degradation, persecution or serious violation of rights guaranteed by this constitution. a foreign national may be expelled from montenegro solely on the basis of a court decision and in a procedure provided for by the law. 3. political rights and liberties article 45. electoral right the right to elect and stand for elections shall be granted to every citizen of montenegro of 18 years of age and above with at least a two-year residence in montenegro. the electoral right shall be exercised in elections. the electoral right shall be general and equal. elections shall be free and direct, by secret ballot. article 46. freedom of thought, conscience and religion everyone shall be guaranteed the right to freedom of thought, conscience and religion, as well as the right to change the religion or belief and the freedom to, individually or collectively with others, publicly or privately, express the religion or belief by prayer, preaches, customs or rites. no one shall be obliged to declare own religious and other beliefs. freedom to express religious beliefs may be restricted only if so required in order to protect life and health of the people, public peace and order, as well as other rights guaranteed by the constitution. article 47. freedom of expression everyone shall have the right to freedom of expression by speech, writing, picture or in some other manner. the right to freedom of expression may be limited only by the right of others to dignity, reputation and honor and if it threatens public morality or the security of montenegro. article 48. objection of conscience everyone shall have the right to objection of conscience. no one shall be obliged, contrary to own religion or conviction, to fulfill a military or other duty involving the use of arms. article 49. freedom of press freedom of press and other forms of public information shall be guaranteed. the right to establish newspapers and other public information media, without approval, by registration with the competent authority, shall be guaranteed. the right to a response and the right to a correction of any untrue, incomplete or incorrectly conveyed information that violates a person's right or interest and the right to compensation of damage caused by the publication of untruthful data or information shall be guaranteed. article 50. prohibition of censorship there shall be no censorship in montenegro. the competent court may prevent dissemination of information and ideas via the public media if required so to: prevent invitation to forcible destruction of the order defined by the constitution; preservation of territorial integrity of montenegro; prevention of propagating war or incitement to violence or performance of criminal offences; prevention of propagating racial, national and religious hatred or discrimination. article 51. access to information everyone shall have the right to access information held by the state authorities and organizations exercising public authority. the right to access to information may be limited if this is in the interest of: the protection of life; public health; morality and privacy; carrying of criminal proceedings; security and defense of montenegro; foreign, monetary and economic policy. article 52. freedom of assembly the freedom of peaceful assembly, without approval, with prior notification of the competent authority shall be guaranteed. the freedom of assembly may be temporarily restricted by the decision of the competent authority in order to prevent disorder or execution of a criminal offence, threat to health, morality or security of people and property, in accordance with the law. article 53. freedom of association the freedom of political, trade union and other association and action, without approval, by the registration with the competent authority, shall be guaranteed. no one shall be forced to become a member of an association. the state supports political and other associations, when there is a public interest to do so. article 54. prohibition of organizing political organizing in public bodies shall be prohibited. a judge of the constitutional court, a judge, a state prosecutor and his deputy, an ombudsman, a member of the council of the central bank, a member of the senate of the state audit institution, a professional member of the army, police and other security services shall not be a member of any political organization. political organizing and actions of foreign nationals and political organizations with the seat outside of montenegro shall be prohibited. article 55. prohibition of operation and establishment the operation of political and other organizations directed towards forceful destruction of the constitutional order, infringement of the territorial integrity of montenegro, violation of guaranteed freedoms and rights or instigating national, racial, and religious and other hatred and intolerance shall be prohibited. the establishment of secret subversive organizations and irregular armies shall be prohibited. article 56. right to address international organisation everyone shall have the right of recourse to international institutions for the protection of own rights and freedoms guaranteed by the constitution. article 57. right of recourse everyone shall have the right of recourse, individually or collectively with others, to the state authority or the organisation exercising public powers and receive a response. no one shall be held responsible, or suffer other harmful consequences due to the views expressed in the recourse, unless having committed a crime in doing so. 4. economic, social and cultural rights and liberties article 58. property property rights shall be guaranteed. no one shall be deprived of or restricted in property rights, unless when so required by the public interest, with rightful compensation. natural wealth and goods in general use shall be owned by the state. article 59. entrepreneurship freedom of entrepreneurship shall be guaranteed. freedom of entrepreneurship may be limited only if so necessary in order to protect the health of the people, environment, natural resources, cultural heritage or security and defense of montenegro. article 60. right to succession the right to succession shall be guaranteed. article 61. rights of foreign nationals a foreign national may be the holder of property rights in accordance with the law. article 62. right to work everyone shall have the right to work, to free choice of occupation and employment, to fair and human working conditions and to protection during unemployment. article 63. prohibition of forced labor forced labor shall be prohibited. the following shall not be considered forced labor: labor customary during the serving of sentence, deprivation of liberty; performance of duties of military nature or duties required instead of military service; work demanded in case of crisis or accident that threatens human lives or property. article 64. rights of the employed the employed shall have the right to adequate salary. the employed shall have the right to limited working hours and paid vacation. the employed shall have the right to protection at work. youth, women and the disabled shall enjoy special protection at work. article 65. social council social position of the employed shall be adjusted in the social council. social council shall consist of the representatives of the trade union, the employers and the government. article 66. strike the employed shall have the right to strike. the right to strike may be limited to the employed in the army, police, state bodies and public service with the aim to protect public interest, in accordance with the law. article 67. social insurance social insurance of the employed shall be mandatory. the state shall provide material security to the person that is unable to work and has no funds for life. article 68. protection of the persons with disability special protection of the persons with disability shall be guaranteed. article 69. health protection everyone shall have the right to health protection. a child, a pregnant woman, an elderly person and a person with disability shall have the right to health protection from public revenues, if they do not exercise this right on some other grounds. article 70. consumer protection the state shall protect the consumer. actions that harm the health, security and privacy of consumers shall be prohibited. article 71. marriage marriage may be entered into only on the basis of a free consent of a woman and a man. marriage shall be based on equality of spouses. article 72. family family shall enjoy special protection. parents shall be obliged to take care of their children, to bring them up and educate them. children shall take care of their own parents in need of assistance. children born out of wedlock shall have the same rights and responsibilities as children born in marriage. article 73. protection of mother and child mother and child shall enjoy special protection. the state shall create the conditions that encourage childbirth. article 74. rights of a child a child shall enjoy rights and freedoms appropriate to his age and maturity. a child shall be guaranteed special protection from psychological, physical, economic and any other exploitation or abuse. article 75. education the right to education under same conditions shall be guaranteed. elementary education shall be obligatory and free of charge. the autonomy of universities, higher education and scientific institutions shall be guaranteed. article 76. freedom of creation the freedom of scientific, cultural and artistic creation shall be guaranteed. the freedom to publish works of science and arts, scientific discoveries and technical inventions shall be guaranteed, and their authors shall be guaranteed the moral and property rights. article 77. science, culture and arts the state shall encourage and support the development of education, science, culture, arts, sport, physical and technical culture. the state shall protect the scientific, cultural, artistic and historic values. article 78. protection of natural and cultural heritage everyone shall be obliged to preserve natural and cultural heritage of general interest. the state shall protect the national and cultural heritage. 5. special minority rights article 79. protection of identity persons belonging to minority nations and other minority national communities shall be guaranteed the rights and liberties, which they can exercise individually or collectively with others, as follows: the right to exercise, protect, develop and publicly express national, ethnic, cultural and religious particularities; the right to choose, use and publicly post national symbols and to celebrate national holidays; the right to use their own language and alphabet in private, public and official use; the right to education in their own language and alphabet in public institutions and the right to have included in the curricula the history and culture of the persons belonging to minority nations and other minority national communities; the right, in the areas with significant share in the total population, to have the local self-government authorities, state and court authorities carry out the proceedings in the language of minority nations and other minority national communities; the right to establish educational, cultural and religious associations, with the material support of the state; the right to write and use their own name and surname also in their own language and alphabet in the official documents; the right, in the areas with significant share in total population, to have traditional local terms, names of streets and settlements, as well as topographic signs written in the language of minority nations and other minority national communities; the right to authentic representation in the parliament of the republic of montenegro and in the assemblies of the local self-government units in which they represent a significant share in the population, according to the principle of affirmative action; the right to proportionate representation in public services, state authorities and local self-government bodies; the right to information in their own language; the right to establish and maintain contacts with the citizens and associations outside of montenegro, with whom they have common national and ethnic background, cultural and historic heritage, as well as religious beliefs; the right to establish councils for the protection and improvement of special rights. article 80. prohibition of assimilation forceful assimilation of the persons belonging to minority nations and other minority national communities shall be prohibited. the state shall protect the persons belonging to minority nations and other minority national communities from all forms of forceful assimilation. 6. protector of human rights and liberties article 81 the protector of human rights and liberties of montenegro shall be independent and autonomous authority that takes measures to protect human rights and liberties. the protector of human rights and liberties shall exercise duties on the basis of the constitution, the law and the confirmed international agreements, observing also the principles of justice and fairness. the protector of human rights and liberties shall be appointed for the period of six years and can be dismissed in cases envisaged by the law. part 3. organization of powers 1. parliament of montenegro article 82. responsibility the parliament shall: adopt the constitution; adopt laws; adopt other regulations and general acts (decisions, conclusions, resolutions, declarations and recommendations); proclaim the state of war and the state of emergency; adopt the budget and the final statement of the budget; adopt the national security strategy and defense strategy; adopt the development plan and spatial plan of montenegro; decide on the use of units of the army of montenegro in the international forces; regulate the state administration system; perform supervision of the army and security services; call for the national referendum; elect and dismiss from duty the prime minister and members of the government; elect and release from duty the judges of the constitutional court, supreme state prosecutor and four members of the judicial council out of reputable lawyers; appoint and release from duty: the protector of human rights and liberties; the governor of the central bank and members of the council of the central bank of montenegro; president and members of the senate of the state audit institution and other officials as defined by the law; decide on immunity rights; grant amnesty; confirm international agreements; call for public loans and decide on credits of montenegro; decide on the use of state property above the value stipulated by the law; perform other duties stipulated by the constitution or the law. article 83. composition of the parliament the parliament shall consist of the members of the parliament elected directly on the basis of the general and equal electoral right and by secret ballot. the parliament shall have 81 members. article 84. mandate of the parliament the mandate of the parliament shall last for four years. the mandate of the parliament may cease prior to the expiry of the period for which it was elected by dissolving it or reducing the mandate of the parliament. if the mandate of the parliament expires during the state of war or the state of emergency, the mandate shall be extended for the period of up to 90 days upon termination of the circumstances that have caused such state. at the proposal of the president of montenegro, the government or minimum 25 mp's, the parliament may reduce the duration of its mandate. article 85. rights and responsibilities of the members of the parliament member of the parliament shall decide and vote according to his/her own conviction. member of the parliament shall have the right to perform the duty of an mp as an occupation. article 86. immunity member of the parliament shall enjoy immunity. member of the parliament shall not be called to criminal or other account or detained because of the expressed opinion or vote in the performance of his/her duty as a member of the parliament. no penal action shall be taken against and no detention shall be assigned to a member of the parliament, without the consent of the parliament, unless the member has been caught performing a criminal offense for which there is a prescribed sentence of over five years of imprisonment. the president of montenegro, the prime minister and members of the government, the president of the supreme court, the president and the judges of the constitutional court, and the supreme state prosecutor shall enjoy the same immunity as the member of the parliament. article 87. cessation of mandate of the member of the parliament mandate of a member of the parliament shall cease prior to the expiry of the period for which he/she was elected: by resignation; if he/she was convicted by an enforceable decision of the court to an imprisonment sentence of minimum six months; if he/she was deprived of the ability to work by an enforceable decision; due to cessation of montenegrin citizenship; article 88. constitution of the parliament the first session of the newly elected composition of the parliament shall be called for by the speaker of the previous composition of the parliament and it shall be held within 15 days from the date of publication of the final results of the elections. article 89. speaker and deputy speaker of the parliament the parliament shall have a speaker and one or more deputy speakers, elected from its own composition for the period of four years. speaker of the parliament shall represent the parliament, call for the sessions of the parliament and chair them, take care of the enforcement of the rules of procedure of the parliament, call for elections for the president of montenegro and perform other affairs stipulated by the constitution, the law and the rules of procedure of the parliament. the deputy speaker shall substitute the speaker of the parliament in the performance of affairs when the speaker is prevented to do so or when the speaker entrusts the deputy speaker the duty to substitute him. article 90. sessions of the parliament the parliament shall work in regular and extraordinary sessions. regular sessions shall be held twice a year. the first regular session shall start on the first working day in march and shall last until the end of july, and the second one shall start on the first working day in october and shall last until the end of december. extraordinary session shall be called for at the request of the president of montenegro, the government or minimum one third of the total number of members of the parliament. article 91. decision-making the parliament shall decide by majority vote of the present members of the parliament in the session attended by over one half of the total number of members, unless otherwise regulated by the constitution. with majority vote of all its members, the parliament shall adopt laws regulating the following: manner of exercising liberties and rights of citizens, montenegrin citizenship, referendum, material responsibilities of citizens, state symbols and use and application of state symbols, defence and security, army; founding, merger and abolition of municipalities; and shall proclaim state of war and state of emergency; adopt spatial plans; pass the rules of procedure of the parliament; make decisions regarding the calling for state referendum; make decisions on reducing terms of office; make decisions on releasing the president of montenegro from duty; elect and release prime minister and members of the government from duty and make decisions on confidence in the government; appoint and release the protector of human rights and liberties from duty. the parliament shall elect and release from duty the judges of the constitutional court, the supreme state prosecutor and four members of the judicial council from among reputable lawyers by two-third majority vote in the first voting and by three-fifth majority in the second voting of all the members of the parliament no sooner than a month. in the first voting the parliament shall elect the supreme state prosecutor at proposal of the prosecution council. if the proposed candidate is not supported by the required majority, in the second voting the parliament shall elect the supreme state prosecutor from among all the candidates that meet the legal requirements. article 92. dissolution of parliament the parliament shall be dissolved if it fails to elect the government within 90 days from the date when the president of montenegro proposed for the first time the candidate for the position of the prime minister. if the parliament does not perform its duties established by the law for a longer period of time, the government may dissolve the parliament upon hearing the opinion of the speaker of the parliament and the presidents of the caucuses in the parliament. the parliament shall be dissolved by the ordinance of the president of montenegro. the parliament shall not be dissolved during the state of war or state of emergency, if the ballot procedure of no confidence in the government has been initiated, and in the first three months from its constitution and the three months prior to the expiry of its mandate. the president of montenegro shall call for the elections the first day after the dissolution of the parliament. article 93. proposing laws and other acts the right to propose laws and other acts shall be granted to the government and the member of the parliament. the right to propose laws shall also be granted to six thousand voters, through the member of the parliament they authorized. the proposal to call for the national referendum may be submitted by: at least 25 members of the parliament, the president of montenegro, the government or at least 10% of the citizens with the right to vote. article 94. proclamation of laws the president of montenegro shall proclaim the law within seven days from the day of adoption of the law, that is, within three days if the law has been adopted under a speedy procedure or send the law back to the parliament for new decision-making process. the president of montenegro shall proclaim the re-adopted law. 2. president of montenegro article 95. responsibility the president of montenegro: represents montenegro in the country and abroad; commands over the army on the basis of the decisions of the defense and security council; proclaims laws by ordinance; calls for the elections for the parliament; propose to the parliament: the prime minister-designate for composition of the government after the completion of the discussions with the representatives of political parties represented in the parliament; two judges of the constitutional court and the protector of human rights and liberties; appoints and revokes ambassadors and heads of other diplomatic missions of montenegro abroad, at the proposal of the government and after obtaining the opinion of the parliamentary committee responsible for international relations; accepts letters of accreditation and revocation of the foreign diplomats; awards medals and honors of montenegro; grants amnesty; performs other tasks stipulated by the constitution or the law. article 96. election the president of montenegro shall be elected on the basis of a general and equal electoral right, through direct and secret ballot. a montenegrin citizen residing in montenegro for minimum 10 years in the past 15 years may be elected for the president of montenegro. the speaker of the parliament shall call for the elections for the president of montenegro. article 97. mandate the president of montenegro shall be elected for the period of five years. the same person may be elected the president of montenegro maximum two times. the president of montenegro shall assume the duty on the date of taking an oath before the members of the parliament. if the mandate of the president expires during the state of war or the state of emergency, the mandate shall be extended for maximum 90 days after the end of circumstances that have caused that state. the president of montenegro shall not perform any other public duty. article 98. cessation of mandate the mandate of the president of montenegro shall end with the expiry of time for which he/she was elected, by resignation, if he/she is permanently unable to perform the duty of the president and by impeachment. the president shall be held responsible for the violation of the constitution. the procedure to determine whether the president of montenegro has violated the constitution shall be initiated by the parliament, at the proposal of minimum 25 members of the parliament. the parliament shall submit the proposal to initiate the procedure to the president of montenegro for plead. the constitutional court shall decide on existence or non-existence of violation of the constitution and shall publish the decision and submit it to the parliament and the president of montenegro without delay. the parliament may impeach the president of montenegro when the constitutional court finds that he/she has violated the constitution. article 99. discharge of duties in case of impediment or cessation of mandate in case of cessation of mandate of the president of montenegro, until the election of the new president, as well as in the case of temporary impediment of the president to discharge his/her duties, the speaker of the parliament shall discharge this duty. 3. government of montenegro article 100. responsibility the government shall: manage internal and foreign policy of montenegro; enforce laws, other regulations and general acts; adopt decrees, decisions and other acts for the enforcement of laws; sign international agreements; propose the development plan and spatial plan of montenegro; propose the budget and the final statement of the budget; propose the national security strategy and defense strategy; decide on the recognition of states and establishment of diplomatic and consular relations with other states; nominate ambassadors and heads of diplomatic missions of montenegro abroad; perform other tasks stipulated by the constitution or the law. article 101. decrees with legal power during the state of war or the state of emergency, the government may adopt decrees with legal power, if the parliament is not able to meet. the government shall submit the decrees with legal power to the parliament for confirmation as soon as the parliament is able to meet. article 102. composition of the government the government shall consist of the prime minister, one or more deputy prime ministers and the ministers. the prime minister represents the government and manages its work. article 103. election the president of montenegro proposes the mandator within 30 days from the day of constitution of the parliament. the candidate for the position of the prime minister presents to the parliament his/her program and proposes composition of the government. the parliament shall decide simultaneously on the program of the mandator and the proposal for the composition of the government. article 104. incompatibility of duties the prime minister and the member of the government shall not discharge duties of a member of the parliament or other public duties or professionally perform some other activity. article 105. resignation and impeachment the government and the member of the government may resign from duty. resignation of the prime minister shall be considered the resignation of the government. the prime minister may propose to the parliament to impeach a member of the government. article 106. issue of confidence the government may raise the issue of confidence in it before the parliament. article 107. issue of no confidence the parliament may vote no confidence in the government. the proposal for no confidence ballot regarding the government may be submitted by minimum 27 members of the parliament. if the government gained confidence, the signatories of the proposal shall not submit a new proposal for no confidence ballot prior to the expiry of the 90 days deadline. article 108. interpellation the interpellation to examine certain issues regarding the work of the government may be submitted by minimum 27 members of the parliament. the interpellation shall be submitted in written form and shall be justified. the government shall submit an answer within thirty days from the date of receipt of interpellation. article 109. parliamentary investigation the parliament may, at the proposal of minimum 27 members of the parliament, establish a fact-finding commission in order to collect information and facts about the events related to the work of the state authorities. article 110. cessation of mandate the government mandate shall cease: with the expiry of the parliament mandate, by resignation, when it loses confidence and if it fails to propose the budget by march 31 of the budgetary year. the government whose mandate has ceased shall continue with its work until the election of the new composition of the government. the government whose mandate has ceased shall not dissolve the parliament. article 111. civil service the duties of the civil service shall be discharged by the ministries and other administrative authorities. article 112. delegation and entrusting of duties individual duties of the civil service may be delegated to the local self-government or other legal person by the law. individual duties of the civil service may be entrusted to the local self-government or some other legal entity by the regulation of the government. 4. local self-government article 113. manner of decision-making in the local self-government the decisions shall be made directly and through the freely elected representatives. the right to local self-government shall include the right of citizens and local self-government bodies to regulate and manage certain public and other affairs, in their own responsibility and in the interest of the local population. article 114. form of local self-government the basic form of the local self-government shall be the municipality. it shall also be possible to establish other forms of local self-government. article 115. municipality the municipality shall have the status of a legal entity. municipality shall adopt the statute and general acts. authorities of the municipality shall be the assembly and the president. article 116. property-related powers and financing the municipality shall exercise certain property related powers over the state owned assets in accordance with the law. the municipality shall have property. the municipality shall be financed from its own resources and the assets of the state. the municipality shall have a budget. article 117. autonomy the municipality shall be autonomous in the performance of its duties. the government may dismiss the municipal assembly, that is, discharge the president of the municipality from duty, only if the municipal assembly, that is, the president of the municipality, fails to perform the duties thereof for a period longer than six months. 5. judiciary article 118. principles of the judiciary the court is autonomous and independent. the court shall rule on the basis of the constitution, laws and confirmed and published international agreements. establishment of court marshal and extraordinary courts shall be prohibited. article 119. panel of judges the court shall rule in panel, except when the law stipulates that an individual judge shall rule. lay-judges shall also participate in the trial in cases stipulated by the law. article 120. publicity of trial the hearing before the court shall be public and judgments shall be pronounced publicly. exceptionally, the court may exclude the public from the hearing or one part of the hearing for the reasons necessary in a democratic society, only to the extent necessary: in the interest of morality; public order; when minors are trialed; in order to protect private life of the parties; in marital disputes; in the proceedings related to guardianship and adoption; in order to protect military, business or official secret; and for the protection of security and defense of montenegro. article 121. standing duty the judicial duty shall be permanent. the duty of a judge shall cease at his/her own request, when he/she fulfills the requirements for age pension and if the judge has been sentenced to an unconditional imprisonment sentence. the judge shall be released from duty if he/she has been convicted for an act that makes him unworthy for the position of a judge; performs the judicial duty in an unprofessional or negligent manner or loses permanently the ability to perform the judicial duty. the judge shall not be transferred or sent to another court against his/her will, except by the decision of the judicial council in case of reorganization of courts. article 122. functional immunity the judge and the lay judge shall enjoy functional immunity. the judge and the lay judge shall not be held responsible for the expressed opinion or vote at the time of adoption of the decision of the court, unless this represents a criminal offense. in the proceedings initiated because of the criminal offense made in the performance of judicial duty, the judge shall not be detained without the approval of the judicial council. article 123. incompatibility of duties the judge shall not discharge duties of a member of the parliament or other public duties or professionally perform some other activity. article 124. supreme court the supreme court shall be the highest court in montenegro. supreme court shall ensure uniform application of laws by courts and perform other activities prescribed by law. the president of the supreme court shall be elected and released from duty by two-third majority of the judicial council, at proposal of the supreme court general bench. the president of the supreme court shall be elected for the period of five years. the same person may be elected the president of the supreme court no more than two times. article 125. election of judges a judge and a president of the court shall be elected and dismissed from duty by the judicial council. the president of the court shall be elected for the period of five years. the president of the court shall not be a member of the judicial council. article 126. judicial council the judicial council shall be autonomous and independent authority that secures autonomy and independence of the courts and the judges. article 127. composition of the judicial council the judicial council shall have a president and nine members. the members of the judicial council shall be: president of the supreme court; four judges to be elected and released from duty by the conference of judges, taking into account equal representation of courts and judges; four reputable lawyers that are elected and released from duty by the parliament at proposal of the competent working body of the parliament upon announced public invitation; minister in charge of judicial affairs. the president of the judicial council shall be elected by the judicial council from among its members who do not perform judicial functions, by two-third majority vote of the members of the judicial council. the minister in charge of judicial affairs may not be elected the president of the judicial council. the vote of the president of the judicial council shall be decisive in case of equal number of votes. the composition of the judicial council shall be proclaimed by the president of montenegro. the term of office of the judicial council shall be four years. article 128. responsibility of the judicial council the judicial council shall: elect and release from duty the president of the supreme court; elect and release from duty the president of the judicial council; submit the report on the performance of the judicial council and the overall judicial situation to the parliament; elect and release from duty the judge, the president of the court and the lay judge; deliberate on the report on the court activities, applications and complaints regarding the work of the court and take a standpoint with regard to them; establish the cessation of the judicial duty; establish the number of judges and lay judges; propose to the government the amount of funds required for the work of courts; perform other duties as stipulated by the law. the judicial council shall make decisions by majority vote of all its members except in the cases prescribed by the constitution. the minister in charge of judicial affairs shall not vote in the disciplinary proceedings related to accountability of judges. 6. army of montenegro article 129. principles the army shall defend independence, sovereignty and state territory of montenegro, in accordance with the principles of international law regarding the use of force. the army shall be subject to democratic and civil control. the members of the army may be part of the international forces. 7. defense and security council article 130. responsibility the defense and security council shall: make decisions on commanding over the army; analyze and assess the security situation in montenegro and decide to take adequate measures; appoint, promote and discharge from duty the army officers; propose to the parliament proclamation of the state of war and state of emergency; propose the use of army in international forces; perform other duties stipulated by the constitution and the law. article 131. composition the defense and security council of montenegro shall consist of the president of montenegro, the speaker of the parliament and the prime minister. the president of montenegro shall act as the president of the defense and security council. article 132. proclamation of the state of war the state of war shall be proclaimed when there is direct danger of war for montenegro, when montenegro is attacked or war is declared against it. if the parliament is not able to meet, the defense and security council shall adopt the decision to proclaim the state of war and submit it to the parliament for confirmation as soon as the parliament is able to meet. article 133. proclamation of the state of emergency the state of emergency may be proclaimed in the territory or part of the territory of montenegro in case of the following: big natural disasters; technical-technological and environmental disasters and epidemics; greater disruption of public peace and order; violation or attempt to abolish the constitutional order. if the parliament is not able to meet, the defense and security council shall adopt the decision to proclaim the state of emergency and submit it to the parliament for confirmation as soon as it is able to meet. the state of emergency shall last until the circumstances that have caused it have ceased to exist. 8. state prosecution article 134. status and responsibility the state prosecution shall be a unique and independent state authority that performs the affairs of prosecution of the perpetrators of criminal offenses and other punishable acts who are prosecuted ex officio. article 135. appointment and mandate the affairs of the state prosecution shall be carried out by the heads of the state prosecution offices and state prosecutors. the supreme state prosecutor shall be elected and released from duty by the parliament of montenegro after the hearing with the competent working body of the parliament, at proposal of the prosecution council, upon the announced public invitation. the supreme state prosecutor and the heads of state prosecution offices shall be elected for the period of five years. the function of the state prosecutor is permanent. exceptionally, the person that is elected the state prosecutor for the first time shall be elected for the period of four years. the term of office of the head of the state prosecution office and the state prosecutor shall cease or the same shall be released from duty in the cases and according to the procedure as defined by the law. the head of the state prosecution office and the state prosecutor shall be released from duty if they are convicted to effective prison term by the final and binding judgment. article 136. prosecutorial council the prosecution council shall ensure the autonomy of the state prosecution. the supreme state prosecutor shall chair the prosecution council except in a disciplinary proceeding. the composition, election, mandate, organisation and manner of work of the prosecution council shall be regulated by law. the prosecution council shall: establish the proposal for the election of the supreme state prosecutor; elect and release from the duty the heads of the state prosecution offices and state prosecutors; establish the termination of the function of the heads of state prosecution offices and state prosecutors; propose to the government the amount of funds for the work of the state prosecution; submit the report on performance of the state prosecution to the parliament; perform other activities as defined by the law. the prosecution council shall make decisions by majority vote of all its members. article 137. functional immunity the head of the state prosecution office and the state prosecutor shall enjoy functional immunity and may not be invited to account for an opinion given or a decision made in performing their duties, except in the case of a criminal act. article 138. incompatibility of duties the head of the state prosecution office and the state prosecutor may not perform the duty of a member of the parliament or other public duty or professionally be engaged in any other activity. part 4. economic system article 139. principles economic system shall be based on a free and open market, freedom of entrepreneurship and competition, independence of the economic entities and their responsibility for the obligations accepted in the legal undertakings, protection and equality of all forms of property. article 140. economic area and equality the territory of montenegro shall represent a unique (unified) economic area. the state shall encourage even economic development of all its areas. it shall be prohibited to obstruct and limit free competition and to encourage unequal, monopolistic or dominant position in the market. article 141. state property assets in state property shall belong to the state of montenegro. article 142. tax obligation the state shall be financed from taxes, duties and other revenues. every one shall pay taxes and other duties. taxes and other duties can be introduced only by law. article 143. central bank of montenegro the central bank of montenegro shall be an independent organization, responsible for monetary and financial stability and banking system operations. the central bank council shall govern the central bank of montenegro. the central bank governor shall manage the central bank of montenegro. article 144. national audit institution the national audit institution of montenegro shall be an independent and supreme authority of the national audit. the national audit institution shall audit the legality of and success in the management of state assets and liabilities, budgets and all the financial affairs of the entities whose sources of finance are public or created through the use of state property. the national audit institution shall submit an annual report to the parliament. the senate shall manage the national audit institution. the president and members of the senate of the state audit institution shall enjoy functional immunity and may not be invited to account for an opinion given or a decision made in performing their duties, except in the case of a criminal act. part 5. constitutionality and legality article 145. conformity of legal regulations the law shall be in conformity with the constitution and confirmed international agreements, and other regulations shall be in conformity with the constitution and the law. article 146. publication and coming into effect of the regulations the law and other regulation shall be published prior to coming into effect, and shall come into effect no sooner than the eighth day from the day of publication thereof. exceptionally, when the reasons for such action exist and have been established in the adoption procedure, law and other regulation may come into effect no sooner than the date of publication thereof. article 147. prohibition of ex posto facto effect (retroactive effect) law and other regulation shall not have retroactive effect. exceptionally, if required so by the public interest established in the process of law adoption, individual provisions of the law may have retroactive effect. provision of the criminal code may have retroactive effect only if it is more lenient for the perpetrator of a criminal offense. article 148. legality of individual acts individual legal act shall be in conformity with the law. final individual legal acts shall enjoy court protection. part 6. constitutional court of montenegro article 149. responsibility the constitutional court shall decide on the following: conformity of laws with the constitution and confirmed and published international agreements; conformity of other regulations and general acts with the constitution and the law; constitutional appeal due to the violation of human rights and liberties granted by the constitution, after all other efficient legal remedies have been exhausted; whether the president of montenegro has violated the constitution, the conflict of responsibilities between courts and other state authorities, between state authorities and local self-government authorities, and between the authorities of the local self-government units; prohibition of work of a political party or a non-governmental organization; electoral disputes and disputes related to the referendum, which are not the responsibility of other courts; conformity with the constitution of the measures and actions of state authorities taken during the state of war or the state of emergency; performs other tasks stipulated by the constitution. if the regulation ceased to be valid during the procedure for the assessment of constitutionality and legality, and the consequences of its enforcement have not been recovered, the constitutional court shall establish whether that regulation was in conformity with the constitution, that is, with the law during its period of validity. the constitutional court shall monitor the enforcement of constitutionality and legality and shall inform the parliament about the noted cases of unconstitutionality and illegality. article 150. initiation of the procedure to assess constitutionality and legality any person may file an initiative to start the procedure for the assessment of constitutionality and legality. the procedure before the constitutional court for the assessment of constitutionality and legality may be initiated by the court, other state authority, local self-government authority and five members of the parliament. the constitutional court itself may also initiate the procedure for the assessment of constitutionality and legality. during the procedure, the constitutional court may order to stop the enforcement of an individual act or actions that have been taken on the basis of the law, other regulation or general act, the constitutionality, i.e. legality of which is being assessed, if the enforcement thereof could cause irreparable damage. article 151. decision of the constitutional court the constitutional court shall decide by majority vote of all judges. the decision of the constitutional court shall be published. the decision of the constitutional court shall be generally binding and enforceable. when necessary, the government shall secure the enforcement of the decision of the constitutional court. the constitutional court shall decide in respect of a constitutional appeal by a council consisting of three judges. the council may make only unanimous decisions by all its members. if the council may not achieve a unanimous decision, the constitutional appeal shall be decided upon by the constitutional court in accordance with paragraph 1 of this article. article 152. cessation of validity of a regulation when the constitutional court establishes that the law is not in conformity with the constitution and confirmed and published international agreements, that is, that other regulation is not in conformity with the constitution and the law, that law and other regulation shall cease to be valid on the date of publication of the decision of the constitutional court. the law or other regulation, i.e. their individual provisions that were found inconsistent with the constitution or the law by the decision of the constitutional court, shall not be applied to the relations that have occurred prior to the publication of the constitutional court decision, if they have not been solved by an absolute ruling by that date. article 153. composition and election the constitutional court shall have seven judges. the judge of the constitutional court shall be elected for the period of 12 years. the judges of the constitutional court shall be elected and released from duty by the parliament, as follows: two judges at proposal of the president of montenegro and five judges at proposal of the competent working body of the parliament upon the announced public invitation carried out by the proposing parties. the judge of the constitutional court shall be elected from among reputable lawyers who have turned at least 40 years of age and have 15 years of service in the legal profession. judges of the constitutional court shall elect from among their composition the president of the constitutional court for the period of three years. the same person may be elected the president or judge of the constitutional court only once. the president and judge of the constitutional court may not perform the duty of a member of the parliament or other public duty or professionally be engaged in any other activity. article 154. cessation of duty the duty of the president and the judge of the constitutional court shall cease prior to the expiry of the period for which he/she was elected, at his/her own request, when he/she fulfills the requirements for age pension or if he/she was sentenced to an unconditional imprisonment sentence. the president and the judge of the constitutional court shall be released from duty if he/she has been found guilty of an offense that makes him/her unworthy of the duty, if he/she permanently loses the ability to perform the duty or if he/she expresses publicly his/her political convictions. the constitutional court shall establish the emergence of reasons for cessation of duty or release from duty, in its session and shall inform the parliament of that case. the constitutional court may decide that the president or the judge of the constitutional court that penal action has been initiated against shall not perform the duty for the period of duration of that action. part 7. change of the constitution article 155. proposal for the change of the constitution the proposal to change the constitution may be submitted by the president of montenegro, the government or minimum 25 members of the parliament. with the proposal to change the constitution it may be proposed to change or amend individual provisions of the constitution or to adopt the new constitution. the proposal to change individual provisions of the constitution shall contain the indication of the provisions for which change is demanded and the justification. the proposal to change the constitution shall be adopted in the parliament if two-thirds of the total number of members of the parliament vote in favor of it. if the proposal to change the constitution has not been adopted, the same proposal shall not be repeated prior to the expiry of one year from the day when the proposal was rejected. article 156. act on the change of the constitution change of the individual provisions of the constitution shall be made through amendments. draft act on the change of the constitution shall be prepared by the responsible working body of the parliament. draft act on the change of the constitution shall be adopted in the parliament if two-thirds of all the members of the parliaments vote in favor of it. the parliament shall submit the adopted draft act on the change of the constitution for public hearing, which shall not last less than one month. after the end of the public hearing, the responsible working body of the parliament shall define the proposal of the act on the change of the constitution. the act on the change of the constitution shall be adopted in the parliament if two-thirds of all the members of the parliament vote in favor of it. change of the constitution shall not take place during the state of war and the state of emergency. article 157. confirmation in the referendum change of articles 1, 2, 3, 4, 12, 13, 15, 45 and 157 shall be final if minimum three-fifths of all the voters support the change in the national referendum. part 8. transitional and final provision article 158. constitutional law for the enforcement of the constitution the constitutional law shall be adopted for the enforcement of the constitution. the constitutional law for the enforcement of the constitution shall be adopted by the parliament with a majority vote of all the members of the parliament. the constitutional law shall be proclaimed and come into effect concurrently with the constitution. appendix. constitutional law for the implementation of the constitution of the republic of montenegro article 1 constitution of montenegro (hereinafter: constitution) shall enter into force on the day of its promulgation by the constitutional parliament of the republic of montenegro, unless this law provides differently with regard to the implementation of certain regulations in the constitution. article 2 authorities in montenegro and other state bodies, organizations and departments and bodies of the local self-government shall continue to work until the end of the period for which they have been elected, within the rights and duties stipulated by the constitution, unless this law provides differently. article 3 the state prosecutor shall continue to work as the state prosecution until the law that shall stipulate the position, organisation and work of the state prosecution, is adopted. article 4 the defence and security council shall be constituted within 10 days as of the day when this law enters into force. article 5 provisions of international agreements on human rights and freedoms, to which montenegro acceded before 3 june 2006, shall be applied to legal relations that have arisen after the signature. article 6 laws and other regulations shall remain into force until they have been harmonised with the constitution within the periods of time stipulated by this law. article 7 the following laws shall be adopted within two months as of the day when this law entered into force: law on montenegrin citizenship; law on travel documents of montenegrin citizens; law on residence and abiding place of the citizens; law on identification card; law on social council. the following laws shall be adopted within six months as of the day when this law entered into force: law on judicial council and law on territorial organization of montenegro. article 8 the following shall be harmonised with the constitution within three months as of the day when this law entered into force: law on election of mps and deputies; law on the election of the president of montenegro; law on electoral rolls; law on courts; law on state prosecutor; law on state administration; law on property of the republic of montenegro; law on expropriation; law on minorities rights and freedoms. article 9 other laws and regulations shall be harmonised with the constitution within two years as of the day when this law entered into force, and regulations for the implementation of these laws within time periods stipulated in these laws. article 10 assemblies of local self-government units shall harmonise their regulations with the constitution within one year as of the day when this law entered into force at the latest. article 11 regulations of the state union of serbia and montenegro shall be applied accordingly, providing they are not contrary to legal order and interests of montenegro, until adequate regulations of montenegro are adopted. article 12 every citizen of montenegro who had a citizenship of some other state apart from the montenegrin citizenship, on the day of 3 june 2006, shall have the right to keep the montenegrin citizenship. citizen of montenegro who obtained some other citizenship after 3 june 2006, shall have the right to keep the montenegrin citizenship until a bilateral agreement is made with the state whose citizenship he obtained, but not longer than one year as of the day when the constitution of montenegro was adopted. article 13 as of the day of the promulgation of the constitution and this law, the constitutional parliament of montenegro shall continue to work as the parliament of montenegro, and the constitutional committee shall cease to work. article 14 elections for the members of the parliament of montenegro shall be held at the latest by the end of 2009. article 15 as of the day when this law enters into force the name of the official gazette of the republic of montenegro shall change into "the official gazette of montenegro". article 16 this law shall enter into force on the day of its promulgation. preamble in the name of god, the most merciful, the most compassionate "we have honored the sons of adam" we, the people of mesopotamia, the homeland of the apostles and prophets, resting place of the virtuous imams, cradle of civilization, crafters of writing, and home of numeration. upon our land the first law made by man was passed, and the oldest pact of just governance was inscribed, and upon our soil the saints and companions of the prophet prayed, philosophers and scientists theorized, and writers and poets excelled; acknowledging god's right over us, and in fulfillment of the call of our homeland and citizens, and in a response to the call of our religious and national leaderships and the determination of our great authorities and of our leaders and politicians, and in the midst of international support from our friends and those who love us, marched for the first time in our history towards the ballot boxes by the millions, men and women, young and old, on the thirtieth of january 2005, invoking the pains of sectarian oppression inflicted by the autocratic clique and inspired by the tragedies of iraq's martyrs, shiite and sunni, arabs and kurds and turkmen and from all other components of the people, and recollecting the darkness of the ravage of the holy cities and the south in the sha'abaniyya uprising and burnt by the flames of grief of the mass graves, the marshes, al-dujail and others and articulating the sufferings of racial oppression in the massacres of halabcha, barzan, anfal and the fayli kurds and inspired by the ordeals of the turkmen in bashir and the sufferings of the people of the western region, as is the case in the remaining areas of iraq where the people suffered from the liquidation of their leaders, symbols, and sheiks and from the displacement of their skilled individuals and from drying out of its cultural and intellectual wells, so we sought hand in hand and shoulder to shoulder to create our new iraq, the iraq of the future, free from sectarianism, racism, complex of regional attachment, discrimination, and exclusion. accusations of being infidels, and terrorism did not stop us from marching forward to build a nation of law. sectarianism and racism have not stopped us from marching together to strengthen our national unity, following the path of peaceful transfer of power, adopting the course of just distribution of resources, and providing equal opportunity for all. we, the people of iraq, who have just risen from our stumble, and who are looking with confidence to the future through a republican, federal, democratic, pluralistic system, have resolved with the determination of our men, women, elderly, and youth to respect the rule of law, to establish justice and equality, to cast aside the politics of aggression, to pay attention to women and their rights, the elderly and their concerns, and children and their affairs, to spread the culture of diversity, and to defuse terrorism. we, the people of iraq, of all components and across the spectrum, have taken upon ourselves to decide freely and by choice to unite our future, to take lessons from yesterday for tomorrow, and to enact this permanent constitution, through the values and ideals of the heavenly messages and the findings of science and man's civilization. the adherence to this constitution preserves for iraq its free union of people, of land, and of sovereignty. section one. fundamental principles article 1 the republic of iraq is a single federal, independent and fully sovereign state in which the system of government is republican, representative, parliamentary, and democratic, and this constitution is a guarantor of the unity of iraq. article 2 first islam is the official religion of the state and is a foundation source of legislation: no law may be enacted that contradicts the established provisions of islam no law may be enacted that contradicts the principles of democracy. no law may be enacted that contradicts the rights and basic freedoms stipulated in this constitution. second this constitution guarantees the islamic identity of the majority of the iraqi people and guarantees the full religious rights to freedom of religious belief and practice of all individuals such as christians, yazidis, and mandean sabeans. article 3 iraq is a country of multiple nationalities, religions, and sects. it is a founding and active member in the arab league and is committed to its charter, and it is part of the islamic world. article 4 first the arabic language and the kurdish language are the two official languages of iraq. the right of iraqis to educate their children in their mother tongue, such as turkmen, assyrian, and armenian shall be guaranteed in government educational institutions in accordance with educational guidelines, or in any other language in private educational institutions. second the scope of the term "official language" and the means of applying the provisions of this article shall be defined by a law and shall include: publication of the official gazette, in the two languages; speech, conversation, and expression in official domains, such as the council of representatives, the council of ministers, courts, and official conferences, in either of the two languages; recognition and publication of official documents and correspondence in the two languages; opening schools that teach the two languages, in accordance with the educational guidelines; use of both languages in any matter enjoined by the principle of equality such as bank notes, passports, and stamps. third the federal and official institutions and agencies in the kurdistan region shall use both languages. fourth the turkomen language and the syriac language are two other official languages in the administrative units in which they constitute density of population. fifth each region or governorate may adopt any other local language as an additional official language if the majority of its population so decides in a general referendum. article 5 the law is sovereign. the people are the source of authority and legitimacy, which they shall exercise in a direct, general, secret ballot and through their constitutional institutions. article 6 transfer of authority shall be made peacefully through democratic means as stipulated in this constitution. article 7 first any entity or program that adopts, incites, facilitates, glorifies, promotes, or justifies racism or terrorism or accusations of being an infidel (takfir) or ethnic cleansing, especially the saddamist ba'ath in iraq and its symbols, under any name whatsoever, shall be prohibited. such entities may not be part of political pluralism in iraq. this shall be regulated by law. second the state shall undertake to combat terrorism in all its forms, and shall work to protect its territories from being a base, pathway, or field for terrorist activities. article 8 iraq shall observe the principles of good neighborliness, adhere to the principle of noninterference in the internal affairs of other states, seek to settle disputes by peaceful means, establish relations on the basis of mutual interests and reciprocity, and respect its international obligations. article 9 first the iraqi armed forces and security services will be composed of the components of the iraqi people with due consideration given to their balance and representation without discrimination or exclusion. they shall be subject to the control of the civilian authority, shall defend iraq, shall not be used as an instrument to oppress the iraqi people, shall not interfere in the political affairs, and shall have no role in the transfer of authority. the formation of military militias outside the framework of the armed forces is prohibited. the iraqi armed forces and their personnel, including military personnel working in the ministry of defense or any subordinate departments or organizations, may not stand for election to political office, campaign for candidates, or participate in other activities prohibited by ministry of defense regulations. this ban includes the activities of the personnel mentioned above acting in their personal or professional capacities, but shall not infringe upon the right of these personnel to cast their vote in the elections. the iraqi national intelligence service shall collect information, assess threats to national security, and advise the iraqi government. this service shall be under civilian control, shall be subject to legislative oversight, and shall operate in accordance with the law and pursuant to the recognized principles of human rights. the iraqi government shall respect and implement iraq's international obligations regarding the non-proliferation, non-development, non-production, and non-use of nuclear, chemical, and biological weapons, and shall prohibit associated equipment, materiel, technologies, and delivery systems for use in the development, manufacture, production, and use of such weapons. second military service shall be regulated by law. article 10 the holy shrines and religious sites in iraq are religious and civilizational entities. the state is committed to assuring and maintaining their sanctity, and to guaranteeing the free practice of rituals in them. article 11 baghdad is the capital of the republic of iraq. article 12 first the flag, national anthem, and emblem of iraq shall be regulated by law in a way that symbolizes the components of the iraqi people. second a law shall regulate honors, official holidays, religious and national occasions and the hijri and gregorian calendar. article 13 first this constitution is the preeminent and supreme law in iraq and shall be binding in all parts of iraq without exception. second. no law that contradicts this constitution shall be enacted. any text in any regional constitutions or any other legal text that contradicts this constitution shall be considered void. section two. rights and freedoms chapter one. rights one. civil and political rights article 14 iraqis are equal before the law without discrimination based on gender, race, ethnicity, nationality, origin, color, religion, sect, belief or opinion, or economic or social status. article 15 every individual has the right to enjoy life, security and liberty. deprivation or restriction of these rights is prohibited except in accordance with the law and based on a decision issued by a competent judicial authority. article 16 equal opportunities shall be guaranteed to all iraqis, and the state shall ensure that the necessary measures to achieve this are taken. article 17 first every individual shall have the right to personal privacy so long as it does not contradict the rights of others and public morals. second the sanctity of the homes shall be protected. homes may not be entered, searched, or violated, except by a judicial decision in accordance with the law. article 18 first iraqi citizenship is a right for every iraqi and is the basis of his nationality. second anyone who is born to an iraqi father or to an iraqi mother shall be considered an iraqi. this shall be regulated by law. third an iraqi citizen by birth may not have his citizenship withdrawn for any reason. any person who had his citizenship withdrawn shall have the right to demand its reinstatement. this shall be regulated by a law. iraqi citizenship shall be withdrawn from naturalized citizens in cases regulated by law. fourth an iraqi may have multiple citizenships. everyone who assumes a senior, security or sovereign position must abandon any other acquired citizenship. this shall be regulated by law. fifth iraqi citizenship shall not be granted for the purposes of the policy of population settlement that disrupts the demographic composition of iraq. sixth citizenship provisions shall be regulated by law. the competent courts shall consider the suits arising from those provisions. article 19 first the judiciary is independent and no power is above the judiciary except the law. second there is no crime or punishment except by law. the punishment shall only be for an act that the law considers a crime when perpetrated. a harsher punishment than the applicable punishment at the time of the offense may not be imposed. third litigation shall be a protected and guaranteed right for all. fourth the right to a defense shall be sacred and guaranteed in all phases of investigation and the trial. fifth the accused is innocent until proven guilty in a fair legal trial. the accused may not be tried for the same crime for a second time after acquittal unless new evidence is produced. sixth every person shall have the right to be treated with justice in judicial and administrative proceedings. seventh the proceedings of a trial are public unless the court decides to make it secret. eighth punishment shall be personal. ninth laws shall not have retroactive effect unless stipulated otherwise. this exclusion shall not include laws on taxes and fees. tenth criminal laws shall not have retroactive effect, unless it is to the benefit of the accused. eleventh the court shall appoint a lawyer at the expense of the state for an accused of a felony or misdemeanor who does not have a defense lawyer. twelfth unlawful detention shall be prohibited. imprisonment or detention shall be prohibited in places not designed for these purposes, pursuant to prison laws covering health and social care, and subject to the authorities of the state. thirteenth the preliminary investigative documents shall be submitted to the competent judge in a period not to exceed twenty-four hours from the time of the arrest of the accused, which may be extended only once and for the same period. article 20 iraqi citizens, men and women, shall have the right to participate in public affairs and to enjoy political rights including the right to vote, elect, and run for office. article 21 first no iraqi shall be surrendered to foreign entities and authorities. second a law shall regulate the right of political asylum in iraq. no political refugee shall be surrendered to a foreign entity or returned forcibly to the country from which he fled. third political asylum shall not be granted to a person accused of committing international or terrorist crimes or to any person who inflicted damage on iraq. two. economic, social and cultural freedoms article 22 first work is a right for all iraqis in a way that guarantees a dignified life for them. second the law shall regulate the relationship between employees and employers on economic bases and while observing the rules of social justice. third the state shall guarantee the right to form and join unions and professional associations, and this shall be regulated by law. article 23 first private property is protected. the owner shall have the right to benefit, exploit and dispose of private property within the limits of the law. second expropriation is not permissible except for the purposes of public benefit in return for just compensation, and this shall be regulated by law. third every iraqi shall have the right to own property anywhere in iraq. no others may possess immovable assets, except as exempted by law. ownership of property for the purposes of demographic change is prohibited. article 24 the state shall guarantee freedom of movement of iraqi manpower, goods, and capital between regions and governorates, and this shall be regulated by law. article 25 the state shall guarantee the reform of the iraqi economy in accordance with modern economic principles to insure the full investment of its resources, diversification of its sources, and the encouragement and development of the private sector. article 26 the state shall guarantee the encouragement of investment in the various sectors, and this shall be regulated by law. article 27 first public assets are sacrosanct, and their protection is the duty of each citizen. second the provisions related to the preservation of state properties, their management, the conditions for their disposal, and the limits for these assets not to be relinquished shall all be regulated by law. article 28 first no taxes or fees shall be levied, amended, collected, or exempted, except by law. second low income earners shall be exempted from taxes in a way that guarantees the preservation of the minimum income required for living. this shall be regulated by law. article 29 first the family is the foundation of society; the state shall preserve it and its religious, moral, and national values. the state shall guarantee the protection of motherhood, childhood and old age, shall care for children and youth, and shall provide them with the appropriate conditions to develop their talents and abilities. second children have the right to upbringing, care and education from their parents. parents have the right to respect and care from their children, especially in times of need, disability, and old age. third economic exploitation of children in all of its forms shall be prohibited, and the state shall take the necessary measures for their protection. fourth all forms of violence and abuse in the family, school, and society shall be prohibited. article 30 first the state shall guarantee to the individual and the family especially children and women â�� social and health security, the basic requirements for living a free and decent life, and shall secure for them suitable income and appropriate housing. second the state shall guarantee social and health security to iraqis in cases of old age, sickness, employment disability, homelessness, orphanhood, or unemployment, shall work to protect them from ignorance, fear and poverty, and shall provide them housing and special programs of care and rehabilitation, and this shall be regulated by law. article 31 first every citizen has the right to health care. the state shall maintain public health and provide the means of prevention and treatment by building different types of hospitals and health institutions. second individuals and entities have the right to build hospitals, clinics, or private health care centers under the supervision of the state, and this shall be regulated by law. article 32 the state shall care for the handicapped and those with special needs, and shall ensure their rehabilitation in order to reintegrate them into society, and this shall be regulated by law. article 33 first every individual has the right to live in safe environmental conditions. second the state shall undertake the protection and preservation of the environment and its biological diversity. article 34 first education is a fundamental factor for the progress of society and is a right guaranteed by the state. primary education is mandatory and the state guarantees that it shall combat illiteracy. second free education in all its stages is a right for all iraqis. third the state shall encourage scientific research for peaceful purposes that serve humanity and shall support excellence, creativity, invention, and different aspects of ingenuity. fourth private and public education shall be guaranteed, and this shall be regulated by law. article 35 the state shall promote cultural activities and institutions in a manner that befits the civilizational and cultural history of iraq, and it shall seek to support indigenous iraqi cultural orientations. article 36 practicing sports is a right of every iraqi and the state shall encourage and care for such activities and shall provide for their requirements. chapter two. freedoms article 37 first the liberty and dignity of man shall be protected. no person may be kept in custody or investigated except according to a judicial decision. all forms of psychological and physical torture and inhumane treatment are prohibited. any confession made under force, threat, or torture shall not be relied on, and the victim shall have the right to seek compensation for material and moral damages incurred in accordance with the law. second the state shall guarantee protection of the individual from intellectual, political and religious coercion. third forced labor, slavery, slave trade, trafficking in women or children, and sex trade shall be prohibited. article 38 the state shall guarantee in a way that does not violate public order and morality: freedom of expression using all means. freedom of press, printing, advertisement, media and publication. freedom of assembly and peaceful demonstration, and this shall be regulated by law. article 39 first the freedom to form and join associations and political parties shall be guaranteed, and this shall be regulated by law. second it is not permissible to force any person to join any party, society, or political entity, or force him to continue his membership in it. article 40 the freedom of communication and correspondence, postal, telegraphic, electronic, and telephonic, shall be guaranteed and may not be monitored, wiretapped, or disclosed except for legal and security necessity and by a judicial decision. article 41 iraqis are free in their commitment to their personal status according to their religions, sects, beliefs, or choices, and this shall be regulated by law. article 42 each individual shall have the freedom of thought, conscience, and belief. article 43 first the followers of all religions and sects are free in the: practice of religious rites, including the husseini rituals. management of religious endowments (waqf), their affairs, and their religious institutions, and this shall be regulated by law. second the state shall guarantee freedom of worship and the protection of places of worship. article 44 first each iraqi has freedom of movement, travel, and residence inside and outside iraq. second no iraqi may be exiled, displaced, or deprived from returning to the homeland. article 45 first the state shall seek to strengthen the role of civil society institutions, and to support, develop and preserve their independence in a way that is consistent with peaceful means to achieve their legitimate goals, and this shall be regulated by law. second the state shall seek the advancement of the iraqi clans and tribes, shall attend to their affairs in a manner that is consistent with religion and the law, and shall uphold their noble human values in a way that contributes to the development of society. the state shall prohibit the tribal traditions that are in contradiction with human rights. article 46 restricting or limiting the practice of any of the rights or liberties stipulated in this constitution is prohibited, except by a law or on the basis of a law, and insofar as that limitation or restriction does not violate the essence of the right or freedom. section three. federal powers article 47 the federal powers shall consist of the legislative, executive, and judicial powers, and they shall exercise their competencies and tasks on the basis of the principle of separation of powers. chapter one. the legislative power article 48 the federal legislative power shall consist of the council of representatives and the federation council. one. council of representatives article 49 first the council of representatives shall consist of a number of members, at a ratio of one seat per 100,000 iraqi persons representing the entire iraqi people. they shall be elected through a direct secret general ballot. the representation of all components of the people shall be upheld in it. second a candidate to the council of representatives must be a fully qualified iraqi. third a law shall regulate the requirements for the candidate, the voter, and all that is related to the elections. fourth the elections law shall aim to achieve a percentage of representation for women of not less than one-quarter of the members of the council of representatives. fifth the council of representatives shall promulgate a law dealing with the replacement of its members on resignation, dismissal, or death. sixth it is not permissible to combine membership in the council of representatives with any work or other official position. article 50 each member of the council of representatives shall take the following constitutional oath before the council prior to assuming his duties: "i swear by god almighty to carry out my legal duties and responsibilities with devotion and integrity and preserve the independence and sovereignty of iraq, and safeguard the interests of its people, and ensure the safety of its land, sky, water, wealth, and federal democratic system, and i shall endeavor to protect public and private liberties, the independence of the judiciary, and pledge to implement legislation faithfully and neutrally. god is my witness." article 51 the council of representatives shall establish its bylaws to regulate its work. article 52 first the council of representatives shall decide, by a two-thirds majority, the authenticity of membership of its member within thirty days from the date of filing an objection. second the decision of the council of representatives may be appealed before the federal supreme court within thirty days from the date of its issuance. article 53 first sessions of the council of representatives shall be public unless, for reasons of necessity, the council decides otherwise. second minutes of the sessions shall be published by means considered appropriate by the council. article 54 the president of the republic shall call upon the council of representatives to convene by a presidential decree within fifteen days from the date of the ratification of the general election results. its eldest member shall chair the first session to elect the speaker of the council and his two deputies. this period may not be extended by more than the aforementioned period. article 55 the council of representatives shall elect in its first session its speaker, then his first deputy and second deputy, by an absolute majority of the total number of the council members by direct secret ballot. article 56 first the electoral term of the council of representatives shall be four calendar years, starting with its first session and ending with the conclusion of the fourth year. second the new council of representatives shall be elected forty-five days before the conclusion of the preceding electoral term. article 57 the council of representatives shall have one annual term, with two legislative sessions, lasting eight months. the bylaws shall define the method to convene the sessions. the session in which the general budget is being presented shall not end until approval of the budget. article 58 first the president of the republic, the prime minister, the speaker of the council of representatives, or fifty members of the council of representatives may call the council to an extraordinary session. the session shall be restricted to the topics that necessitated the call for the session. second the legislative session of the council of representatives may be extended for no more than 30 days to complete the tasks that require the extension, based on a request from the president of the republic, the prime minister, the speaker of the council, or fifty members of the council of representatives. article 59 first the council of representatives quorum shall be achieved by an absolute majority of its members. second decisions in the sessions of the council of representatives shall be made by a simple majority after quorum is achieved, unless otherwise stipulated. article 60 first draft laws shall be presented by the president of the republic and the council of ministers. second proposed laws shall be presented by ten members of the council of representatives or by one of its specialized committees. article 61 the council of representatives shall be competent in the following: enacting federal laws. monitoring the performance of the executive authority. electing the president of the republic. regulating the ratification process of international treaties and agreements by a law, to be enacted by a two-thirds majority of the members of the council of representatives. approving the appointment of the following: the president and members of the federal court of cassation, the chief public prosecutor, and the president of judicial oversight commission by an absolute majority, based on a proposal from the higher juridical council. ambassadors and those with special grades, based on a proposal from the council of ministers. the iraqi army chief of staff, his assistants, those of the rank of division commander and above, and the director of the intelligence service, based on a proposal from the council of ministers. questioning the president of the republic, based on a petition with cause, by an absolute majority of the members of the council of representatives. relieving the president of the republic by an absolute majority of the council of representatives after being convicted by the federal supreme court in one of the following cases: perjury of the constitutional oath. violating the constitution. high treason. a member of the council of representatives may direct questions to the prime minister and the ministers on any subject within their specialty and each of them shall answer the members' questions. only the member who has asked the question shall have the right to comment on the answer. at least twenty-five members of the council of representatives may raise a general issue for discussion in order to inquire about a policy and the performance of the council of ministers or one of the ministries and it shall be submitted to the speaker of the council of representatives, and the prime minister or the ministers shall specify a date to come before the council of representatives to discuss it. a member of the council of representatives, with the agreement of twenty-five members, may direct an inquiry to the prime minister or the ministers to call them to account on the issues within their authority. the debate shall not be held on the inquiry except after at least seven days from the date of submission of the inquiry. the council of representatives may withdraw confidence from one of the ministers by an absolute majority and he shall be considered resigned from the date of the decision of withdrawal of confidence. a vote of no confidence in a minister may not be held except upon his request or on the basis of a request signed by fifty members after the minister has appeared for questioning before the council. the council shall not issue its decision regarding the request except after at least seven days from the date of its submission. the president of the republic may submit a request to the council of representatives to withdraw confidence from the prime minister. the council of representatives may withdraw confidence from the prime minister based on the request of one-fifth of its members. this request shall not be submitted except after an inquiry directed at the prime minister and after at least seven days from the date of submitting the request. the council of representatives may decide to withdraw confidence from the prime minister by an absolute majority of the number of its members. the government is deemed resigned in case of withdrawal of confidence from the prime minister. in case of a vote of withdrawal of confidence in the council of ministers as a whole, the prime minister and the ministers continue in their positions to run everyday business for a period not to exceed thirty days until a new council of ministers is formed in accordance with the provisions of article 76 of this constitution. the council of representatives may question independent commission heads in accordance with the same procedures related to the ministers. the council shall have the right to relieve them by absolute majority. to consent to the declaration of war and the state of emergency by a two-thirds majority based on a joint request from the president of the republic and the prime minister. the state of emergency shall be declared for a period of thirty days, which can be extended after approval each time. the prime minister shall be delegated the necessary powers which enable him to manage the affairs of the country during the period of the declaration of war and the state of emergency. these powers shall be regulated by a law in a way that does not contradict the constitution. the prime minister shall present to the council of representatives the measures taken and the results during the period of the declaration of war and the state of emergency within 15 days from the date of its end. article 62 first the council of ministers shall submit the draft general budget bill and the closing account to the council of representatives for approval. second the council of representatives may conduct transfers between the sections and chapters of the general budget and reduce the total of its sums, and it may suggest to the council of ministers that they increase the total expenses, when necessary. article 63 first a law shall regulate the rights and privileges of the speaker of the council of representatives, his two deputies, and the members of the council of representatives. second a member of the council of representatives shall enjoy immunity for statements made while the council is in session, and the member may not be prosecuted before the courts for such. a council of representatives member may not be placed under arrest during the legislative term of the council of representatives, unless the member is accused of a felony and the council of representatives members consent by an absolute majority to lift his immunity or if he is caught in flagrante delict in the commission of a felony. a council of representatives member may not be arrested after the legislative term of the council of representatives, unless the member is accused of a felony and with the consent of the speaker of the council of representatives to lift his immunity or if he is caught in flagrante delict in the commission of a felony. article 64 first the council of representatives may be dissolved by an absolute majority of the number of its members, or upon the request of one-third of its members by the prime minister with the consent of the president of the republic. the council shall not be dissolved during the period in which the prime minister is being questioned. second upon the dissolution of the council of representatives, the president of the republic shall call for general elections in the country within a period not to exceed sixty days from the date of its dissolution. the council of ministers in this case is deemed resigned and continues to run everyday business. two. the federation council article 65 a legislative council shall be established named the "federation council," to include representatives from the regions and the governorates that are not organized in a region. a law, enacted by a two-thirds majority of the members of the council of representatives, shall regulate the formation of the federation council, its membership conditions, its competencies, and all that is connected with it. chapter two. the executive power article 66 the federal executive power shall consist of the president of the republic and the council of ministers and shall exercise its powers in accordance with the constitution and the law. one. the president of the republic article 67 the president of the republic is the head of the state and a symbol of the unity of the country and represents the sovereignty of the country. he shall guarantee the commitment to the constitution and the preservation of iraq's independence, sovereignty, unity, and the safety of its territories, in accordance with the provisions of the constitution. article 68 a nominee to the presidency of the republic must be: an iraqi by birth, born to iraqi parents. fully qualified and must be over forty years of age. of good reputation and political experience, known for his integrity, uprightness, fairness, and loyalty to the homeland. free of any conviction of a crime involving moral turpitude. article 69 first the provisions for nomination to the office of the president of the republic shall be regulated by law. second the provisions for nomination to the office of one or more vice presidents of the republic shall be regulated by law. article 70 first the council of representatives shall elect a president of the republic from among the candidates by a two-thirds majority of the number of its members. second if none of the candidates receive the required majority vote then the two candidates who received the highest number of votes shall compete and the one who receives the majority of votes in the second election shall be declared president. article 71 the president shall take the constitutional oath before the council of representatives according to the language stipulated in article 50 of the constitution. article 72 first the president of the republic's term in office shall be limited to four years. he may be reelected for a second time only. second the president of the republic's term in office shall end with the end of the term of the council of representatives. the president of the republic shall continue to exercise his duties until after the end of the election and the meeting of the new council of representatives, provided that a new president of the republic is elected within thirty days from the date of its first convening. in case the position of the president of the republic becomes vacant for any reason, a new president shall be elected to complete the remaining period of the president's term. article 73 the president of the republic shall assume the following powers: to issue a special pardon on the recommendation of the prime minister, except for anything concerning a private claim and for those who have been convicted of committing international crimes, terrorism, or financial and administrative corruption. to ratify international treaties and agreements after the approval by the council of representatives. such international treaties and agreements are considered ratified after fifteen days from the date of receipt by the president. to ratify and issue the laws enacted by the council of representatives. such laws are considered ratified after fifteen days from the date of receipt by the president. to call the elected council of representatives to convene during a period not to exceed fifteen days from the date of approval of the election results and in the other cases stipulated in the constitution. to award medals and decorations on the recommendation of the prime minister in accordance with the law. to accredit ambassadors. to issue presidential decrees. to ratify death sentences issued by the competent courts. to perform the duty of the high command of the armed forces for ceremonial and honorary purposes. to exercise any other presidential powers stipulated in this constitution. article 74 a law shall fix the salary and the allowances of the president of the republic. article 75 first the president of the republic shall have the right to submit his resignation in writing to the speaker of the council of representatives, and it shall be considered effective after seven days from the date of its submission to the council of representatives. second the vice president shall replace the president in case of his absence. third the vice president shall replace the president of the republic in the event that the post of the president becomes vacant for any reason whatsoever. the council of representatives must elect a new president within a period not to exceed thirty days from the date of the vacancy. fourth in case the post of the president of the republic becomes vacant, the speaker of the council of representatives shall replace the president of the republic in case he does not have a vice president, on the condition that a new president is elected during a period not to exceed thirty days from the date of the vacancy and in accordance with the provisions of this constitution. two. council of ministers article 76 first the president of the republic shall charge the nominee of the largest council of representatives bloc with the formation of the council of ministers within fifteen days from the date of the election of the president of the republic. second the prime minister-designate shall undertake the naming of the members of his council of ministers within a period not to exceed thirty days from the date of his designation. third if the prime minister-designate fails to form the council of ministers during the period specified in clause "second," the president of the republic shall charge a new nominee for the post of prime minister within fifteen days. fourth the prime minister-designate shall present the names of his members of the council of ministers and the ministerial program to the council of representatives. he is deemed to have gained its confidence upon the approval, by an absolute majority of the council of representatives, of the individual ministers and the ministerial program. fifth the president of the republic shall charge another nominee to form the council of ministers within fifteen days in case the council of ministers did not win the vote of confidence. article 77 first the conditions for assuming the post of the prime minister shall be the same as those for the president of the republic, provided that he has a college degree or its equivalent and is over thirtyfive years of age. second the conditions for assuming the post of minister shall be the same as those for members of the council of representatives, provided that he holds a college degree or its equivalent. article 78 the prime minister is the direct executive authority responsible for the general policy of the state and the commander-in-chief of the armed forces. he directs the council of ministers, presides over its meetings, and has the right to dismiss the ministers, with the consent of the council of representatives. article 79 the prime minister and members of the council of ministers shall take the constitutional oath before the council of representatives according to the language stipulated in article 50 of the constitution. article 80 the council of ministers shall exercise the following powers: to plan and execute the general policy and general plans of the state and oversee the work of the ministries and departments not associated with a ministry. to propose bills. to issue rules, instructions, and decisions for the purpose of implementing the law. to prepare the draft of the general budget, the closing account, and the development plans. to recommend to the council of representatives that it approve the appointment of undersecretaries, ambassadors, state senior officials, the chief of staff of the armed forces and his deputies, division commanders or higher, the director of the national intelligence service, and heads of security institutions. to negotiate and sign international agreements and treaties, or designate any person to do so. article 81 first the president of the republic shall take up the office of the prime minister in the event the post becomes vacant for any reason whatsoever. second if the event mentioned in "first" of this article occurs, the president shall charge another nominee to form the council of ministers within a period not to exceed fifteen days in accordance with the provisions of article 76 of this constitution. article 82 a law shall regulate the salaries and allowances of the prime minister and ministers, and anyone of their grade. article 83 the responsibility of the prime minister and the ministers before the council of representatives is of a joint and personal nature. article 84 first a law shall regulate the work and define the duties and authorities of the security institutions and the national intelligence service, which shall operate in accordance with the principles of human rights and shall be subject to the oversight of the council of representatives. second the national intelligence service shall be attached to the council of ministers. article 85 the council of ministers shall establish internal bylaws to organize the work therein. article 86 a law shall regulate the formation of ministries, their functions, and their specializations, and the authorities of the minister. chapter three. the judicial power article 87 the judicial power is independent. the courts, in their various types and levels, shall assume this power and issue decisions in accordance with the law. article 88 judges are independent, and there is no authority over them except that of the law. no power shall have the right to interfere in the judiciary and the affairs of justice. article 89 the federal judicial power is comprised of the higher juridical council, the federal supreme court, the federal court of cassation, the public prosecution department, the judiciary oversight commission, and other federal courts that are regulated in accordance with the law. one. higher juridical council article 90 the higher juridical council shall oversee the affairs of the judicial committees. the law shall specify the method of its establishment, its authorities, and the rules of its operation. article 91 the higher juridical council shall exercise the following authorities: to manage the affairs of the judiciary and supervise the federal judiciary. to nominate the chief justice and members of the federal court of cassation, the chief public prosecutor, and the chief justice of the judiciary oversight commission, and to present those nominations to the council of representatives to approve their appointment. to propose the draft of the annual budget of the federal judicial authority, and to present it to the council of representatives for approval. two. federal supreme court article 92 first the federal supreme court is an independent judicial body, financially and administratively. second the federal supreme court shall be made up of a number of judges, experts in islamic jurisprudence, and legal scholars, whose number, the method of their selection, and the work of the court shall be determined by a law enacted by a two-thirds majority of the members of the council of representatives. article 93 the federal supreme court shall have jurisdiction over the following: overseeing the constitutionality of laws and regulations in effect. interpreting the provisions of the constitution. settling matters that arise from the application of the federal laws, decisions, regulations, instructions, and procedures issued by the federal authority. the law shall guarantee the right of direct appeal to the court to the council of ministers, those concerned individuals, and others. settling disputes that arise between the federal government and the governments of the regions and governorates, municipalities, and local administrations. settling disputes that arise between the governments of the regions and governments of the governorates. settling accusations directed against the president, the prime minister and the ministers, and this shall be regulated by law. ratifying the final results of the general elections for membership in the council of representatives. settling competency disputes between the federal judiciary and the judicial institutions of the regions and governorates that are not organized in a region. settling competency disputes between judicial institutions of the regions or governorates that are not organized in a region. article 94 decisions of the federal supreme court are final and binding for all authorities. three. general provisions article 95 the establishment of special or extraordinary courts is prohibited. article 96 the law shall regulate the establishment of courts, their types, levels, and jurisdiction, and the method of appointing and the terms of service of judges and public prosecutors, their discipline, and their retirement. article 97 judges may not be removed except in cases specified by law. such law will determine the particular provisions related to them and shall regulate their disciplinary measures. article 98 a judge or public prosecutor is prohibited from the following: combining a judicial position with legislative and executive positions and any other employment. joining any party or political organization or performing any political activity. article 99 a law shall regulate the military judiciary and shall specify the jurisdiction of military courts, which are limited to crimes of a military nature committed by members of the armed forces and security forces, and within the limits established by law. article 100 it is prohibited to stipulate in the law the immunity from appeal for any administrative action or decision. article 101 a state council may be established, specialized in functions of the administrative judiciary, issuing opinions, drafting, and representing the state and various public commissions before the courts except those exempted by law. chapter four. the independent commissions article 102 the high commission for human rights, the independent electoral commission, and the commission on public integrity are considered independent commissions subject to monitoring by the council of representatives, and their functions shall be regulated by law. article 103 first the central bank of iraq, the board of supreme audit, the communication and media commission, and the endowment commissions are financially and administratively independent institutions, and the work of each of these institutions shall be regulated by law. second the central bank of iraq is responsible before the council of representatives. the board of supreme audit and the communication and media commission shall be attached to the council of representatives. third the endowment commissions shall be attached to the council of ministers. article 104 a commission named the martyrs' foundation shall be established and attached to the council of ministers, and its functions and competencies shall be regulated by law. article 105 a public commission shall be established to guarantee the rights of the regions and governorates that are not organized in a region to ensure their fair participation in managing the various state federal institutions, missions, fellowships, delegations, and regional and international conferences. the commission shall be comprised of representatives of the federal government and representatives of the regions and governorates that are not organized in a region, and shall be regulated by a law. article 106 a public commission shall be established by a law to audit and appropriate federal revenues. the commission shall be comprised of experts from the federal government, the regions, the governorates, and its representatives, and shall assume the following responsibilities: to verify the fair distribution of grants, aid, and international loans pursuant to the entitlement of the regions and governorates that are not organized in a region. to verify the ideal use and division of the federal financial resources. to guarantee transparency and justice in appropriating funds to the governments of the regions and governorates that are not organized in a region in accordance with the established percentages. article 107 a council named the federal public service council shall be established and shall regulate the affairs of the federal public service, including appointments and promotions, and its formation and competencies shall be regulated by law. article 108 other independent commissions may be established by law, according to need and necessity. section four. powers of the federal government article 109 the federal authorities shall preserve the unity, integrity, independence, and sovereignty of iraq and its federal democratic system. article 110 the federal government shall have exclusive authorities in the following matters: formulating foreign policy and diplomatic representation; negotiating, signing, and ratifying international treaties and agreements; negotiating, signing, and ratifying debt policies and formulating foreign sovereign economic and trade policy. formulating and executing national security policy, including establishing and managing armed forces to secure the protection and guarantee the security of iraq's borders and to defend iraq. formulating fiscal and customs policy; issuing currency; regulating commercial policy across regional and governorate boundaries in iraq; drawing up the national budget of the state; formulating monetary policy; and establishing and administering a central bank. regulating standards, weights, and measures. regulating issues of citizenship, naturalization, residency, and the right to apply for political asylum. regulating the policies of broadcast frequencies and mail. drawing up the general and investment budget bill. planning policies relating to water sources from outside iraq and guaranteeing the rate of water flow to iraq and its just distribution inside iraq in accordance with international laws and conventions. general population statistics and census. article 111 oil and gas are owned by all the people of iraq in all the regions and governorates. article 112 first the federal government, with the producing governorates and regional governments, shall undertake the management of oil and gas extracted from present fields, provided that it distributes its revenues in a fair manner in proportion to the population distribution in all parts of the country, specifying an allotment for a specified period for the damaged regions which were unjustly deprived of them by the former regime, and the regions that were damaged afterwards in a way that ensures balanced development in different areas of the country, and this shall be regulated by a law. second the federal government, with the producing regional and governorate governments, shall together formulate the necessary strategic policies to develop the oil and gas wealth in a way that achieves the highest benefit to the iraqi people using the most advanced techniques of the market principles and encouraging investment. article 113 antiquities, archeological sites, cultural buildings, manuscripts, and coins shall be considered national treasures under the jurisdiction of the federal authorities, and shall be managed in cooperation with the regions and governorates, and this shall be regulated by law. article 114 the following competencies shall be shared between the federal authorities and regional authorities: to manage customs, in coordination with the governments of the regions and governorates that are not organized in a region, and this shall be regulated by a law. to regulate the main sources of electric energy and its distribution. to formulate environmental policy to ensure the protection of the environment from pollution and to preserve its cleanliness, in cooperation with the regions and governorates that are not organized in a region. to formulate development and general planning policies. to formulate public health policy, in cooperation with the regions and governorates that are not organized in a region. to formulate the public educational and instructional policy, in consultation with the regions and governorates that are not organized in a region. to formulate and regulate the internal water resources policy in a way that guarantees their just distribution, and this shall be regulated by a law. article 115 all powers not stipulated in the exclusive powers of the federal government belong to the authorities of the regions and governorates that are not organized in a region. with regard to other powers shared between the federal government and the regional government, priority shall be given to the law of the regions and governorates not organized in a region in case of dispute. section five. powers of the regions chapter one. regions article 116 the federal system in the republic of iraq is made up of a decentralized capital, regions, and governorates, as well as local administrations. article 117 first this constitution, upon coming into force, shall recognize the region of kurdistan, along with its existing authorities, as a federal region. second this constitution shall affirm new regions established in accordance with its provisions. article 118 the council of representatives shall enact, in a period not to exceed six months from the date of its first session, a law that defines the executive procedures to form regions, by a simple majority of the members present. article 119 one or more governorates shall have the right to organize into a region based on a request to be voted on in a referendum submitted in one of the following two methods: a request by one-third of the council members of each governorate intending to form a region. a request by one-tenth of the voters in each of the governorates intending to form a region. article 120 each region shall adopt a constitution of its own that defines the structure of powers of the region, its authorities, and the mechanisms for exercising such authorities, provided that it does not contradict this constitution. article 121 first the regional powers shall have the right to exercise executive, legislative, and judicial powers in accordance with this constitution, except for those authorities stipulated in the exclusive authorities of the federal government. second in case of a contradiction between regional and national legislation in respect to a matter outside the exclusive authorities of the federal government, the regional power shall have the right to amend the application of the national legislation within that region. third regions and governorates shall be allocated an equitable share of the national revenues sufficient to discharge their responsibilities and duties, but having regard to their resources, needs, and the percentage of their population. fourth offices for the regions and governorates shall be established in embassies and diplomatic missions, in order to follow cultural, social, and developmental affairs. fifth the regional government shall be responsible for all the administrative requirements of the region, particularly the establishment and organization of the internal security forces for the region such as police, security forces, and guards of the region. chapter two. governorates not incorporated in a region article 122 first the governorates shall be made up of a number of districts, sub-districts, and villages. second governorates that are not incorporated in a region shall be granted broad administrative and financial authorities to enable them to manage their affairs in accordance with the principle of decentralized administration, and this shall be regulated by law. third the governor, who is elected by the governorate council, is deemed the highest executive official in the governorate to practice his powers authorized by the council. fourth a law shall regulate the election of the governorate council, the governor, and their powers. fifth the governorate council shall not be subject to the control or supervision of any ministry or any institution not linked to a ministry. the governorate council shall have independent finances. article 123 powers exercised by the federal government can be delegated to the governorates or vice versa, with the consent of both governments, and this shall be regulated by law. chapter three. the capital article 124 first baghdad in its municipal borders is the capital of the republic of iraq and shall constitute, in its administrative borders, the governorate of baghdad. second this shall be regulated by a law. third the capital may not merge with a region. chapter four. the local administrations article 125 this constitution shall guarantee the administrative, political, cultural, and educational rights of the various nationalities, such as turkomen, chaldeans, assyrians, and all other constituents, and this shall be regulated by law. section six. final and transitional provisions chapter one. final provisions article 126 first the president of the republic and the council of the ministers collectively, or one-fifth of the council of representatives members, may propose to amend the constitution. second the fundamental principles mentioned in section one and the rights and liberties mentioned in section two of the constitution may not be amended except after two successive electoral terms, with the approval of two-thirds of the members of the council of representatives, the approval of the people in a general referendum, and the ratification by the president of the republic within seven days. third other articles not stipulated in clause "second" of this article may not be amended, except with the approval of two-thirds of the members of the council of representatives, the approval of the people in a general referendum, and the ratification by the president of the republic within seven days. fourth articles of the constitution may not be amended if such amendment takes away from the powers of the regions that are not within the exclusive powers of the federal authorities, except by the approval of the legislative authority of the concerned region and the approval of the majority of its citizens in a general referendum. fifth an amendment is considered ratified by the president of the republic after the expiration of the period stipulated in clauses "second" and "third" of this article, in case he does not ratify it. an amendment shall enter into force on the date of its publication in the official gazette. article 127 the president of the republic, the prime minister, members of the council of ministers, the speaker of the council of representatives, his two deputies, members of the council of representatives, members of the judicial authority, and people of special grades may not use their influence to buy or rent any state properties, to rent or sell any of their assets to the state, to sue the state for these assets, or to conclude a contract with the state under the pretense of being building contractors, suppliers, or concessionaires. article 128 the laws and judicial judgments shall be issued in the name of the people. article 129 laws shall be published in the official gazette and shall take effect on the date of their publication, unless stipulated otherwise. article 130 existing laws shall remain in force, unless annulled or amended in accordance with the provisions of this constitution. article 131 every referendum mentioned in this constitution is deemed successful with the approval of the majority of the voters unless otherwise stipulated. chapter two. transitional provisions article 132 first the state shall guarantee care for the families of the martyrs, political prisoners, and victims of the oppressive practices of the defunct dictatorial regime. second the state shall guarantee compensation to the families of the martyrs and the injured as a result of terrorist acts. third a law shall regulate matters mentioned in clauses "first" and "second" of this article. article 133 the council of representatives shall adopt in its first session the bylaws of the transitional national assembly until it adopts its own bylaws. article 134 the iraqi high tribunal shall continue its duties as an independent judicial body, in examining the crimes of the defunct dictatorial regime and its symbols. the council of representatives shall have the right to dissolve it by law after the completion of its work. article 135 first the high commission for de-ba'athification shall continue its functions as an independent commission, in coordination with the judicial authority and the executive institutions within the framework of the laws regulating its functions. the commission shall be attached to the council of representatives. second the council of representatives shall have the right to dissolve this commission by an absolute majority after the completion of its function. third a nominee to the positions of the president of the republic, the prime minister, the members of the council of ministers, the speaker, the members of the council of representatives, the president, members of the federation council, their counterparts in the regions, or members of the judicial commissions and other positions covered by de-ba'athification statutes pursuant to the law may not be subject to the provisions of de-ba'athification. fourth the conditions stated in clause "third" of this article shall remain in force unless the commission stated in item "first" of this article is dissolved. fifth mere membership in the dissolved ba'ath party shall not be considered a sufficient basis for referral to court, and a member shall enjoy equality before the law and protection unless covered by the provisions of de-ba'athification and the directives issued according to it. sixth the council of representatives shall form a parliamentary committee from among its members to monitor and review the executive procedures of the higher commission for de-ba'athification and state institutions to guarantee justice, objectivity, and transparency and to examine their consistency with the laws. the committee's decisions shall be subject to the approval of the council of representatives. article 136 first the property claims commission shall continue its functions as an independent commission in coordination with the judicial authority and the executive institutions in accordance with the law. the property claims commission shall be attached to the council of representatives. second the council of representatives shall have the right to dissolve the commission by a twothirds majority vote of its members. article 137 application of the provisions of the articles related to the federation council, wherever it may be cited in this constitution, shall be postponed until the council of representatives issues a decision by a two-thirds majority vote in its second electoral term that is held after this constitution comes into force. article 138 first the expression "the presidency council" shall replace the expression "the president of the republic" wherever the latter is mentioned in this constitution. the provisions related to the president of the republic shall be reactivated one successive term after this constitution comes into force. second the council of representatives shall elect the president of the state and two vice presidents who shall form a council called the "presidency council," which shall be elected by one list and with a two-thirds majority. the provisions to remove the president of the republic present in this constitution shall apply to the president and members of the presidency council. the council of representatives may remove a member of the presidency council with a three-fourths majority of the number of its members for reasons of incompetence and dishonesty. in the event of a vacant seat in the presidency council, the council of representatives shall elect a replacement by a two-thirds majority vote of its members. third members of the presidency council shall be subject to the same conditions as a member of the council of representatives and must: be over forty years of age. enjoy good reputation, integrity and uprightness. have quit the dissolved (ba'ath) party ten years prior to its fall, in case he was a member of it. have not participated in suppressing the 1991 and al-anfal uprisings. he must not have committed a crime against the iraqi people. fourth the presidency council shall issue its decisions unanimously and any member may delegate to one of the two other members to take his place. fifth legislation and decisions enacted by the council of representatives shall be forwarded to the presidency council for their unanimous approval and for its issuance within ten days from the date of delivery to the presidency council, except the stipulations of articles 118 and 119 that pertain to the formation of regions. in the event the presidency council does not approve, legislation and decisions shall be sent back to the council of representatives to reexamine the disputed issues and to vote on them by the majority of its members and then shall be sent for the second time to the presidency council for approval. in the event the presidency council does not approve the legislation and decisions for the second time within ten days of receipt, the legislation and decisions are sent back to the council of representatives, which has the right to adopt it by three-fifths majority of its members, which may not be challenged, and the legislation or decision shall be considered ratified. sixth the presidency council shall exercise the powers of the president of the republic stipulated in this constitution. article 139 the prime minister shall have two deputies in the first electoral term. article 140 first the executive authority shall undertake the necessary steps to complete the implementation of the requirements of all subparagraphs of article 58 of the transitional administrative law. second the responsibility placed upon the executive branch of the iraqi transitional government stipulated in article 58 of the transitional administrative law shall extend and continue to the executive authority elected in accordance with this constitution, provided that it accomplishes completely (normalization and census and concludes with a referendum in kirkuk and other disputed territories to determine the will of their citizens), by a date not to exceed the 31st of december 2007. article 141 legislation enacted in the region of kurdistan since 1992 shall remain in force, and decisions issued by the government of the region of kurdistan, including court decisions and contracts, shall be considered valid unless they are amended or annulled pursuant to the laws of the region of kurdistan by the competent entity in the region, provided that they do not contradict with the constitution. article 142 first the council of representatives shall form at the beginning of its work a committee from its members representing the principal components of the iraqi society with the mission of presenting to the council of representatives, within a period not to exceed four months, a report that contains recommendations of the necessary amendments that could be made to the constitution, and the committee shall be dissolved after a decision is made regarding its proposals. second the proposed amendments shall be presented to the council of representatives all at once for a vote upon them, and shall be deemed approved with the agreement of the absolute majority of the members of the council. third the articles amended by the council of representatives pursuant to item "second" of this article shall be presented to the people for voting on them in a referendum within a period not exceeding two months from the date of their approval by the council of representatives. fourth the referendum on the amended articles shall be successful if approved by the majority of the voters, and if not rejected by two-thirds of the voters in three or more governorates. fifth article 126 of the constitution (concerning amending the constitution) shall be suspended, and shall return into force after the amendments stipulated in this article have been decided upon. article 143 the transitional administrative law and its annex shall be annulled on the seating of the new government, except for the stipulations of article 53(a) and article 58 of the transitional administrative law. article 144 this constitution shall come into force after the approval of the people thereon in a general referendum, its publication in the official gazette, and the seating of the government that is formed pursuant to this constitution preamble we, the people of burundi: understanding our responsibilities before god: understanding our responsibilities and our duties to the past and to future generations; reaffirming our faith in the ideal of peace, of reconciliation, and of national unity in accordance with the arusha accords for peace and reconciliation in burundi of august 28, 2000 and the ceasefire accords; affirming the commitment of burundi to the treaty establishing the east african community (eac); reaffirming our larger resolution to defend national sovereignty and to secure the political and economic independence of our country and to conserve our culture; considering the imperative necessity to ensure political stability, to promote the economic and social development of our country and to ensure the safeguarding of our culture; considering the need to safeguard and to sustain a democratic pluralistic order and a state of law; proclaiming anew that every human being, without distinction of race, of religion or belief, possesses sacred and inalienable rights; solemnly reaffirm our attachment to the respect of fundamental rights to the human person as prescribed by international texts concerning the rights of man ratified by burundi as well as the fundamental principles recognized by the laws of the republic; affirming the importance in international relations of the right to manage themselves; considering that relations between people must be characterized by peace, friendship, and cooperation conforming to the united nations charter of june 26, 1945; reaffirming our attachment to the cause of african unity conforming to the constitutive act of the african union of may 25, 2002; reaffirming our commitment to construct a political order and a system of government inspired by the realities of our country and founded on the values of justice, democracy, good governance, pluralism, respect of liberties and of the fundamental rights of the individual, unity, solidarity, mutual understanding, tolerance, and cooperation among the different ethnic groups of our society; deeply attached to constitutional legality and to democratic institutions; considering that democratic election is the sole means through which the people freely choose their leaders; condemning all non-democratic forms of rising to power; solemnly adopt the present constitution which is the fundamental law of the republic of burundi title i. of the state and of the sovereignty of the people 1. of general principles article 1 burundi is an independent, sovereign, secular, democratic, unitary republic which respects its ethnic and religious diversity. article 2 the national territory of burundi is unalienable and indivisible. article 3 burundi is subdivided into provinces, communes, zones, and local administrations, and all other subdivisions as stipulated by law. their organization and functioning are prescribed by law. the law can modify their limits as well as their number. article 4 the status and the reestablishment of monarchy must be made the object of a referendum. any militant party which peacefully pursues the restoration of monarchy has the right to operate. article 5 the national language is kirundi. the official languages are kirundi and all other languages as determined by law. all legislative texts must have a version in kirundi. article 6 the principle of the republic of burundi is government of the people, by the people, and for the people. article 7 national sovereignty belongs to the people who exercise it, whether directly by the means of referendum or indirectly through their representatives. no group of people, no individual can usurp its practice. article 8 suffrage is universal, equal, protected, free and transparent. it may be direct or indirect according to conditions stipulated by the law. the electorate, according to the terms determined by the electoral code, is composed of all burundians aged 18 years enjoying their civil and political rights. article 9 the capital of burundi is fixed at bujumbura. the law can move the capital to any other city of the republic or it can separate the political capital from the economic capital. article 10 the flag of burundi is tricolor: green, white, and red. it has the shape of a rectangle partitioned by a diagonal cross, having at its center a white disk stamped with three six-pointed red stars which form a notional equilateral triangle inscribed in a notional circle having the same center as the disk and of which the base is parallel to the length of the flag. the law specifies the dimensions and other details of the flag. article 11 the motto of burundi is "unity, work, progress". the symbol of the republic of burundi is a coat of arms stamped with the head of a lion in addition to three spears, all surrounded by the national motto. the national anthem is "burundi bwacu". the seal of the republic is determined by law. article 12 the quality of burundians is acquired, conserved, and lost according to the conditions determined by law. the children born of burundian men or women have the same rights in regard to the law of nationality. 2. of fundamental values article 13 all burundian people are equal in merit and in dignity. all citizens enjoy the same rights and have the same protection of the law. no burundian will be excluded from the social, political, or economic life due to their race, language, religion, sex, or ethnic origin. article 14 all burundian people have the right to live in burundi in peace and security. the people must live together in harmony, all in respecting human dignity and in tolerating their differences. article 15 the government is established by the will of the burundian people. it is responsible before them and it respects their fundamental liberties and rights. article 16 the burundi government must be composed so that all burundians are represented in it and so that it represents all burundians, so that each person has an equal chance of being part of it, so that all citizens have access to public services, and so that the decisions and actions of the government receive the greatest possible support. article 17 the government is tasked with the realization of the burundian people's aspirations, in particular to heal the divisions of the past, to improve the quality of life of all burundians, and to guarantee to all the option to live in burundi sheltered from fear, discrimination, disease, and hunger. article 18 the function of the political regime is to unite, reassure, and reconcile all burundians. this government ensures that the implemented government serves the burundian people, the source of its power and its authority. the government respects the separation of powers, the pre-eminence of law, and the principles of good governance and of transparence in the conduct of public affairs. title ii. of the charter of fundamental rights and duties, of the individual and of the citizen article 19 the rights and duties proclaimed and guaranteed by the international texts concerning human rights regularly ratified constitute an integral part of the constitution. article 20 all citizens have rights and duties. 1. of the fundamental rights of the individual and of the citizen article 21 human dignity is respected and protected. any infringement upon human dignity is reprimanded by the penal code. article 22 all citizens are equal before the law, which assures them equal protection. no one may be the target of discrimination based on, notably: origin, race, ethnicity, sex, color, language, social situation, religious, philosophical, or political belief, physical or mental handicap, hiv/aids status or having any other incurable illness. article 23 no one may be treated in an arbitrary manner by the state or its organs. the state is obligated indemnify all victims of arbitrary actions of the state or of its organs. article 24 all human beings have the right to life. article 25 all human beings have the right to freedom of their own person, notably in their physical and psychic integrity and freedom of movement. no one may be subjected to torture, nor to punishments or sentences which are cruel, inhuman, or degrading. article 26 no one may be slaved or held in servitude. slavery and the traffic of slaves is forbidden in all forms. article 27 the state, to the extent to which it is possible, ensures all citizens that they will have the means at their disposal to lead a life in accordance with human dignity. article 28 every human being has the right to respect of their personal and family life, in addition to their home and their personal communications. article 29 freedom of marriage is guaranteed, as is the right to choose one's partner. marriage cannot take place without the free and full consent of the future spouses. marriage between two people of the same sex is forbidden. article 30 the family is the natural base cell of society. marriage is its legitimate support. family and marriage are placed under the special protection of the state. parents have the natural right and the duty to educate and to raise their children. they are supported in this task by the state and by public collectivities. every child has the right, from their family, society, and state, to special protective measures necessitated by their status as minors. article 31 freedom of expression is guaranteed. the state respects freedom of religion, thought, conscience, and opinion. article 32 freedom of assembly and of association is guaranteed, as is the right to form associations or organizations in accordance with the law. article 33 all the citizens of burundi have the right to circulate and to settle anywhere in the national territory, as well as to leave and return to the national territory. article 34 no one may arbitrarily deprived of their nationality, nor of the right to change it. article 35 the state assures the good administration and rational exploitation of the country's natural resources, all in preserving the environment and the conservation of these resources for future generations. article 36 every person has the right to property. no one may be deprived of their property except for public utility, according to the case and manner established by law and by means of a just and prerequisite indemnity or in the execution of a judiciary decision taken in force of the thing judged. article 37 the right to form trade unions and to affiliate with them, as well as the right to strike, are recognized. the law regulates the exercise of these rights and forbids certain groups of people from striking. in all cases, these rights are not extended to members of the defense and security corps. article 38 each person has the right, in judicial or administrative proceedings, to have their case heard fairly and to be judged without unreasonable delay. article 39 no one may be deprived of their freedom if it does not conform to the provisions of law. no one may be charged, arrested, detained, or judged except in cases determined by a law decreed prior to the acts for which they are accused. the right to a defense is guaranteed before all jurisdictions. no one may be deprived, against their will, of the judge that the law assigns to them. article 40 every person accused of a criminal act is presumed innocent until their guilt has been legally established in court in a public trial during which the necessary guarantees for a free defense have been assured. article 41 no one will be condemned for acts or omissions, which in the moment they were committed were not considered an infraction. in the same manner, penalties greater than those applicable at the time the infraction was committed cannot be implemented. article 42 no one can be subjected to security measures other than the cases and the forms specified by law, notably for reasons of public order or of state security. article 43 no one can be subjected to arbitrary interference in their private life, their family, their home, or their correspondence, nor infringements upon their honor or reputation, police searches or police inspections of homes cannot be ordered without following the forms and conditions specified by law. the confidentiality of correspondence and communication is guaranteed in respect to the forms and conditions specified by law. article 44 every child has the right to particular measures to assure or improve the necessary cares for their well-being, health, physical security, and for being protected from poor treatment, extortions, or exploitation. article 45 no child may be used directly in an armed conflict. the protection of children is assured in a period of armed conflict. article 46 no child may be detained unless as final recourse, in which case the detention of the child will be the shortest possible. every child has the right to be separated from prisoners older than 16 years and to be subjected to treatment and detention conditions adapted to their age. article 47 all restrictions of fundamental rights must be founded on a legal base; restrictions must be justified by the general interest or by the protection of the fundamental rights of others; they must be proportional to the expected goal. article 48 the fundamental rights must be respected in totality in the judicial, administrative, and institutional orders. the constitution is the supreme law. the legislative, executive, and judiciary bodies must respect it. any law which does not conform to the constitution is struck down and nullified. article 49 no person may be exiled. article 50 the right to asylum is recognized in the conditions provided by law. no burundian may be extradited. article 51 every burundian has the right to participate, whether directly or indirectly through representatives, in the direction and management of the state, following the reservations of legal terms, notably of age and of competence. every burundian has an equal right to access the public functions of their country. article 52 every person is authorized to obtain the satisfaction of economic, social, and cultural rights indispensable to the dignity and free development of one's person, thanks to the national effort and considering the national resources. article 53 every citizen has the right to equal access to instruction, education, and culture. the state has the duty to organize public schooling and to promote access to it. nevertheless, the right to establish private schools is guaranteed according to the conditions set by law. article 54 the state recognizes the right for all citizens to work and strives to create the conditions which makes effective the enjoyment of this right. it recognizes the right of all persons to benefit from fair and satisfactory work conditions, and guarantees the worker fair pay for their services or output. article 55 every person has the right to access health care. article 56 the state is obligated to favor the country's development, in particular rural development. article 57 with equal competence, every person has the right, without any discrimination, to an equal salary for equal work. article 58 every person has the right to the protection of their moral and material interests coming from all scientific, literary, or artistic production of which they are the creator. article 59 all foreigners who find themselves in the republic's territory benefit from the protection accorded to people and goods in the limits stipulated by a law. article 60 the judicial power, which is the the guardian of public rights and freedoms, assures the respect of these rights and freedoms following the conditions outlined by the law. article 61 no one can abuse the rights recognized by the constitution or by the law to compromise national unity, peace, democracy, or the independence of burundi; or to damage the secularism of the state, or to violate in any other manner the present constitution. 2. of the fundamental duties of the individual and of the citizen article 62 every person has the duty to respect their fellow countrymen and to demonstrate to each other their consideration, devoid of any discrimination. article 63 each citizen has duties to family and to society, to the state and to other collective public entities. article 64 each burundian has the duty to maintain and to reinforce national unity, conforming to the charter of national unity. article 65 each person is obligated to respect the laws and the institutions of the republic. article 66 every burundian has the duty to preserve the harmonious development of the family and to work in favor of the cohesion and the respect of this family, to respect their parents at every moment, and to nourish and assist them in necessary cases. article 67 each individual has the duty to respect and to consider their kind without any discrimination, and to maintain relations which allow for the promotion, protection, and reinforcement of respect and tolerance. article 68 each burundian must ensure, in relations with society, the preservation and reinforcement of burundian cultural values; and must contribute to the establishment of a morally sound society. article 69 public goods are sacred and inviolable. everyone is obligated to respect them conscientiously and to protect them. each burundian is tasked with the defense of the nation's patrimony. all acts of sabotage, vandalism, corruption, embezzlement, profligacy, or all other acts which damage the public good is punished according to the conditions determined by law. article 70 all citizens are required to fulfill their civic obligations and to defend their country. everyone has the right to work toward the common good and to fulfill their professional obligations. all citizens are equal in regards to public assignments. only through the law can exemptions be established. the state can proclaim the solidarity of all in regards to obligations which result from natural and national disasters. article 71 all burundians in the civil service or elected to a civil service position have the duty to accomplish their work with conscientiousness, integrity, dedication, and loyalty to the general interest. article 72 each burundian has the duty to defend national independence and territorial integrity. all citizens have the sacred duty to ensure and to participate in defense of the homeland. all burundians, all foreigners who find themselves in the territory of the republic of burundi, must not compromise state security. article 73 all individuals must work toward safeguarding peace, democracy, and social justice. article 74 all burundians must, by means of their work, contribute to the construction and prosperity of the country. title iii. of the system of political parties and of independents article 75 multipartism is recognized in the republic of burundi article 76 political parties can form freely, conforming to the law. they are authorized according to the law. article 77 a political party is defined as an association without a lucrative end and which organizes citizens around a project of democratic society founded on national unity; which has a definite political program of precise objectives; is concerned with serving the general interest; and to assure that all citizens thrive. article 78 political parties, in their organization and their operations, must answer to democratic principles. they must be open to all burundians and their national character must be equally reflected at the level of their leadership. they cannot advocate violence, exclusion, and hatred of any form, notably based on ethnic, regional, religious, and gender affiliations. article 79 political parties and coalitions of political parties must promote the free expression of suffrage and must participate in political life in pacifist ways. article 80 the law guarantees the non-interference of public powers on the internal operations of political parties, except for in restrictions which are necessary to prevent ethnic, political, regional, religious, and gender-based hatred, and to maintain public order. article 81 political parties can form coalitions during elections, according to the terms and conditions set by electoral law. article 82 members of the defense and security corps as well as active magistrates are not authorized to join political parties. article 83 outside financing of political parties is forbidden, except for exceptional exemption established by law. all financing which damages independence and national sovereignty is forbidden. the law determines and organizes sources of financing for political parties. article 84 in order to promote democracy, the law can authorize equitable financing of political parties, proportional to the number of seats the parties hold in the national assembly. this financing can be applied to the operations of political parties as well as to electoral campaigns, which must be transparent. the types of subsidies, advantages, and facilities that the state can accord to political parties are set by law. article 85 the conditions under which political parties form, operate, and cease their activities are determined by law. article 86 a law determines the conditions under which an independent exercises and ceases their political activities. in all cases, a coalition of independents can never be authorized. title iv. of elections article 87 the right to vote is guaranteed. article 88 elections are free, transparent, and regular. the electoral code determines practical methods for elections. article 89 elections are organized in an impartial manner at the levels of the nation, commune, colline, and district, along with other levels determined by law. article 90 an independent national electoral commission guarantees freedom, impartiality, and independence in the electoral process. article 91 the commission is composed of seven independent leading figures. its members are appointed by decree after having been previously approved separately by the national assembly and by the senate, in an absolute majority. article 92 the commission is responsible for the following missions: organize elections at the national level, the commune level, and the level of collines or districts; ensure that the elections are free, regular, and transparent; proclaim the preliminary results of the elections in a time period defined by law; announce the arrangements, code of conduct, and technical details of polling places and their hours of operation; receive grievances concerning the respect of electoral rules and follow up with them; the decisions of the committee are unappealable; in applying the appropriate rules, ensure that electoral campaigns do not unfold in a manner which incites ethnic violence or in any other manner contrary to the present constitution; assure the respect of the provisions of the present constitution in regards to multiethnicity and gender, and understand the disputes regarding these (categories). title v. of the executive power article 93 the president of the republic is the head of executive power. he is assisted in his duties by a vice president of the republic. article 94 an organic law sets the system of indemnities and advantages of the president, vice president, prime minister, and other ministers as well as the system of incompatibilities. it also sets their specific system of social security. article 95 at the time of their entrance to office and their departure from it, the president of the republic, the vice president of the republic, the prime minister, and members of government are obligated to make, on their honor, a written declaration proclaiming their goods and patrimony and addressed to the supreme court. 1. of the president of the republic article 96 the president of the republic, the head of state, embodies national unity, ensures that the constitution is respected, and assures by his mediation the continuation of the state and the regular operations of institutions. the president is the guarantor of national independence, territorial integrity, and respect of international treaties and accords. article 97 the president of the republic is elected by direct universal suffrage for a renewable term of seven years. no one can hold more than two consecutive terms. article 98 a candidate running for the president of the republic must: have the quality of elector following the conditions set by electoral law; enjoy only burundi nationality from birth; be aged over 40 years at the moment of election; reside in burundi territory at the moment of the presentation of candidacy; enjoy all civil and political rights; subscribe to the constitution and to the charter of national unity. furthemore, the candidate in a presidential election cannot have been condemned for a crime or misdemeanor of common law to a penalty determined by electoral law. the electoral law also provides for the time period after which a condemned person, in the sense of the preceding paragraph, can regain eligibility after the fulfillment of the penalty. article 99 candidates can be presented by political parties or coalitions of political parties or can present themselves as independents. a candidate is considered independent if they have not aligned themselves with any political party within at least a year and if they affirm their independence in regards to habitual political divisions by proposing a personal societal project. a member of a leading organ of a political party can not present himself as an independent candidate until after a period of two years after his expulsion or resignation from the party of origin. article 100 each candidacy to the presidential election must be backed by a group of 200 persons formed in consideration of ethnic and gender composition. the members of the backing group must themselves meet the fundamental eligibility requirements for the legislative elections. article 101 the functions of the president of the republic are incompatible with the exercise of all other elected public functions, of all public employment, and of all professional activity. article 102 in the case that the candidate elected president of the republic occupied a public function, paid or unpaid, he is placed, upon assuming office, in a position of detachment as soon as the definitive results are proclaimed. in the case that the president held a private function, paid or unpaid, for himself or for a third party, he ceases all activity as soon as the results are proclaimed. article 103 the election of the president of the republic occurs in a uninominal ballot in two rounds. the president of the republic is elected by an absolute majority of expressed suffrage. if an absolute majority is not reached in the first round, a second round proceeds after a period of 15 days. only the two candidates who received the greatest number of votes in the first round can present themselves in the second round. in the case of desistance of one or the other of the two candidates, the following candidates present themselves following the order of their ranking after the first round. the candidate receiving a relative majority of the expressed suffrage is declared elected in the second round. article 104 the mandate of the president of the republic begins the day of swearing in and ends with the beginning of his successor's functions. the election of the president of the republic takes place at least one month and at most three months before the expiration of the sitting president of the republic's mandate. article 105 if the sitting president of the republic is a candidate, he can dissolve parliament. the president of the republic cannot, furthermore, from the time of his official announcement of candidacy until the election, exercise his power to legislate by decree per article 200 of the present constitution. in the case of necessity, the parliament is summoned in a special session. article 106 electoral law specifies all other provisions related to the election of the president of the republic. article 107 at the moment of taking up office, the president of the republic solemnly swears the oath below, received by the constitutional court: "before almighty god, before the people of burundi, sole possessors of national sovereignty, i, (state name), president of the republic of burundi, swear fidelity to the charter of national unity, to the constitution of the republic of burundi and to the law, and commit to consecrating all of my powers to the defense of the higher interests of the nation, to assure national unity and the cohesion of the burundi people, peace, and social justice. i commit myself to combatting every ideology and practice of genocide and of exclusion, to promote and to defend the individual and collective rights and freedoms of person and of citizen, and to safeguard the integrity and the independence of the republic of burundi". article 108 the president of the republic exercises regulatory power and assures the execution of the laws. he exercises his powers by countersigned decree, the case arising, by the prime minister and the minister concerned. the countersignature does not take action for the acts of the president of the republic as derived from articles 111, 114, 115, 116, 202, 203, 284, and 285 of the present constitution. article 109 the president of the republic, on a proposal from the prime minister, in consultation with the vice president, names members of government and terminates their functions. article 110 the president of the republic, head of state, presides over the council of ministers. article 111 the president of the republic is the commander in chief of the security and defense corps. he declares war and ratifies armistice after consultation with the government, the bureaux of the national assembly and of the senate and of the national security council. article 112 the president of the republic makes appointments to superior positions. an organic law determines the categories of positions addressed in the preceding paragraph. the nominations to superior positions such as is specified in article 192, no. 9 of the present constitution only become effective if they are approved by the senate. article 113 the president of the republic authorizes and recalls ambassadors and extraordinary envoys to foreign states and receives letters of credit and of recall of ambassadors and extraordinary envoys to foreign states. article 114 the president of the republic has the right of pardon. article 115 the president of the republic confers the national orders and decorations of the republic. article 116 when the institutions of the republic, the independence of the nation, the integrity of the territory or the execution of international engagements are threatened in a serious and immediate manner, and so that the regular operations of public powers is interrupted, the president of the republic can proclaim by decree a state of exception and take all the measures demanded by the circumstances, after official consultation with the government, the bureaux of the national assembly and of the senate, the national security council, and the constitutional court. he informs the state of this state of exception by route of message. these measures must be motivated by the will to assure the constitutional public powers, in the shortest time period, the means to accomplish their mission. the constitutional court is consulted in this subject. the parliament cannot be dissolved during the exercise of exceptional powers. article 117 the president of the republic cannot be held criminally responsible for acts accomplished in the exercise of his functions but in the case of high treason. there is high treason when in violation of the constitution or the law, the president of the republic deliberately commits an act contrary to the higher interests of the nation which gravely compromises national unity, social peace, social justice, national development or damages the rights of man, territorial integrity, independence, and national sovereignty. high treason falls under the jurisdiction of the high court of justice. the president of the republic cannot be accused except by the national assembly and the senate united in congress and decreeing thus, by secret vote, by a two-thirds majority of members. the investigation can only be conducted by a team of at least three magistrates of the general office of prosecutors, presided over by the general prosecutor of the republic. article 118 while the procedure of accusing the president of the republic is begun by parliament, the president of the republic cannot dissolve it until the completion of the judicial procedure. article 119 apart from acts which arise from his discretionary authority, the administrative acts of the president of the republic can be criticized before the competent jurisdictions. article 120 at the expiration of his duties, the president of the republic has the right, except in the case of condemnation for high treason, to a pension and to other privileges and facilities determined by law. article 121 in case of the absence or the temporary impediment of the president of the republic, the vice president of the republic carries out the management of standard affairs and in the absence of the latter, the prime minister. in case of vacancy due to resignation, death, or all other causes of definitive cessation of his functions, the interim is carried out by the president of the national assembly or if the latter is in his turn unable to exercise his functions, by the vice president of the republic and the government acting together. the vacancy is certified by the constitutional court referred by the vice president of the republic and the government acting together. the interim authority cannot form a new government. the vice president of the republic and the government are considered outgoing and can only simply assure the dispatch of standard affairs until the formation of a new government. the election of the new president of the republic takes place, except in the case of an act of god recorded by the constitutional court, in a period of time which must not be less than a month or longer than three months from the observation of the vacancy. 2. of the vice president of the republic article 122 in the exercise of his duties, the president of the republic is assisted by the vice president of the republic. article 123 the vice president is appointed by the president of the republic after preliminary approval of his candidacy by the national assembly and the senate voting separately and with the absolute majority of their members. he is chosen from among the elected representatives and must solely enjoy burundi nationality since birth. he can be removed from his duties by the president of the republic. article 124 the president of the republic and the vice president belong to different ethnic groups, political parties and coalitions of political parties, or are independents of different ethnicities. article 125 the president of the republic can, by decree, delegate to the vice president presidency of the council of ministers for a specific order of business. in case of an impediment to the vice president of the republic, the president can by decree confer this delegation to the prime minister. article 126 at the moment of taking up office, the vice president solemnly swears the following oath, received by the constitutional court in presence of parliament: "before god almighty, before the president of the republic, i (state name), vice president of the republic of burundi, swear fidelity to the charter of national unity, to the constitution of the republic of burundi and to the law, and i commit myself to consecrating all my forces to the defense of the higher interests of the nation, to assure the unity and the cohesion of the burundi people, the peace, and social justice. i commit myself to combatting all ideology and practice of genocide and of exclusion, to promote and to defend the individual and collective rights and freedoms of the person and of the citizen, and to safeguard the integrity and the independence of the republic of burundi." article 127 in the case of resignation, death, or any other cause of definitive cessation of the duties of vice president of the republic, a new vice president of the republic is appointed following the same procedure through which his predecessor was appointed, within a time period not exceeding 30 days counting from the definitive cessation of the duties of the vice president to replace. 3. of the government article 128 the government is composed of the prime minister and other ministers. it is open to all ethnic groups. it is composed of at most 60% hutu ministers and at most 40% tutsi ministers. a minimum composition of 30% female is assured. 4. of the prime minister article 129 the prime minister is the head of the government. article 130 the activities of the government are coordinated by a prime minister appointed by the president of the republic after prior approval of the candidacy by the national assembly and the senate voting separately and with an absolute majority of their members. the prime minister must enjoy sole burundi nationality from birth. article 131 the prime minister makes decisions by decree. he takes all of the measures to execute presidential decrees. the ministers tasked with their execution countersign the decrees of the prime minister. article 132 the prime minister and the ministers are responsible, in solidarity, before the president of the republic. the resignation of the prime minister results in the resignation of the whole government. article 133 the prime minister leads and coordinates the action of the government. the prime minister presides over preparatory meetings of the council of ministers. article 134 the internal regulations of government specifies the person who leads and coordinates the actions of the government in the case that the prime minister is impeded. article 135 the president of the republic, in consultation with the vice president of the republic and the prime minister, ensures that the minister tasked with the national defense force is not of the same ethnicity as the minister tasked with the national police. article 136 the government is tasked with the implementation of national policy as it is defined by the president of the republic. article 137 the government is obligated to deliberate on general state policy, proposals of treaties and international accords, bills, drafts of presidential decrees, and the decrees of the prime minister and the orders of ministers which concern general regulations. article 138 at the moment of taking up office, the members of government solemnly swear the following oath, received by the constitutional court in presence of parliament and the president of the republic: "before god almighty, before the president of the republic, before parliament, i (state name and title), vice president of the republic of burundi, swear fidelity to the charter of national unity, to the constitution of the republic of burundi and to the law. i commit myself to consecrating all my forces to the defense of the higher interests of the nation, to assure the unity and the cohesion of the burundi people, the peace, and social justice. i commit myself to combatting all ideology and practice of genocide and of exclusion, to promote and to defend the individual and collective rights and freedoms of the person and of the citizen." article 139 the members of government take, through orders, all measures to apply the decrees of the president of the republic and the orders of the prime minister. article 140 the members of government make or propose nominations in the public administration and to diplomatic posts, considering the necessity to maintain an ethnic, regional, political, and gender equilibrium. article 141 the members of government are criminally responsible for infractions committed in the execution of their duties. they are held answerable to the supreme court. article 142 the duties of the members of government are incompatible with the exercise of any other public duty, professional activity, and the exercise of a parliamentary term. 5. of provincial and public administration article 143 executive power is delegated, at the provincial level, to a governor of the province charged with coordinating the services of the administration operating in the province. the governor of the province exercises, furthermore, the powers that are attributed to him by the law and regulations. article 144 the governor of the province must be burundian, native, and of established residency or of origin in the territorial entity of which he is named administrator. he is appointed by the president of the republic after confirmation by the senate. article 145 the administration functions according to democratic values and to the principles stated in the present constitution and in law. article 146 all the agents of the public administration exercise their duties in order to serve all the users of public services efficiently, impartially, and equitably. the embezzlement of funds, corruption, extortion, and misappropriation are punishable in accordance to the law. article 147 the administration is organized into ministries, and each minister reports to the president of the republic the manner in which his ministry carries out tasks and utilizes allocated funds. article 148 the administration is largely representative of the burundi nation and must reflect the diversity of its people. the practices which the administration observes in terms of employment are founded on objective and fair criteria of aptitude, along with the necessity to correct imbalances and to assure a large ethnic, regional, and gender diversity. ethnic representation in public enterprises is filled at a rate of 60% or more for the hutu and 40% or more for the tutsi. article 149 a law specifies the distinction between career or technical posts and political posts. article 150 no agent of the administration or of the judicial apparatus of the state can benefit from privileged treatment nor be subjected to partial treatment based solely on grounds of sex, ethnic or regional origin, or political affiliation. article 151 a law determines the executives and the officers obliged to declare their patrimony upon taking up office and upon leaving it. the law determines the appropriate jurisdiction and the procedure to follow. title vi. of legislative power 1. of provisions common to the national assembly and the senate article 152 legislative power is exercised by the parliament, which consists of two chambers: the national assembly and the senate. members of the national assembly bear the title of deputy, members of the senate bear the title of senator. no one can belong simultaneously to the national assembly and the senate. article 153 an organic law sets the conditions under which deputies and senators are replaced in the case of vacancy. article 154 the mandate of deputies and senators is of a national character. all peremptory mandates are null. the vote of deputies and senators is personal. the interior regulations of the national assembly and of the senate can authorize exceptionally proxy voting. no one, however, can be delegated more than one mandate. article 155 deputies and senators cannot be pursued, hunted, or arrested, detained or judged for opinions or votes made during sessions. except in the case of in flagrante delicto, deputies and senators cannot, while the time sessions are held, be pursued except with the authorization of the bureau of the national assembly or the bureau of the senate. deputies and senators cannot, out of session, be arrested without the authorization of the bureau of the national assembly for deputies and the bureau of the senate for senators, except in the cases of in flagrante delicto, of proceedings already authorized, or of definitive condemnation. article 156 deputies and senators are answerable to the supreme court conforming to the law governing the latter and that which bears on the code of the organization and of judicial competence. article 157 the mandate of deputy or senator is incompatible with all other functions of a public character. an organic law can exempt certain categories of local elected officials or state agents of a regime incompatible with the mandate of deputy or senator. article 158 an organic law sets the system of indemnities and advantages of deputies and senators as well as the system of incompatibilities. it also specifies their specific system of social security. article 159 at the time of their entrance to office and their departure from it, members of the bureaux of the national assembly and the senate are obligated to make, on their honor, a written declaration proclaiming their goods and patrimony and addressed to the supreme court. article 160 a deputy or a senator appointed to the government or to any public position incompatible with a parliamentary mandate but who accepts it, ceases immediately to sit in the national assembly or the senate and is replaced by his substitute. the deputy or senator placed in the case outlined in the preceding paragraph regains his duties as soon as the incompatibility disappears and for as long as the term to which he was elected is underway. article 161 the mandate of the senator and the deputy ends by death, resignation, permanent incapacity, and unjustified absence for more than a quarter of sittings during a session or when the deputy or senator falls into a loss of rights as specified by an organic law. article 162 except in the case of an act of god duly noted by the constitutional court, deliberations of the national assembly or the senate are only valid if they occur in the ordinary place of their sessions. sittings of the national assembly and of the senate are public. however, the national assembly and the senate can meet in a closed hearing in case of need. the summary of debates of the national assembly and of the senate is published in a parliamentary journal. article 163 the parliament votes on laws and controls the action of the government. article 164 the following is the domain of the law: fundamental guarantees and obligations of the citizen: safeguard individual liberty; protection of public freedoms; constraints imposed in the interest of the national defense and public security, to citizens and their persons and property; regime of the protection of morality and culture. the statute of persons and property: nationality, state, and ability of persons; matrimonial systems, inheritance and gifts; system of property, real rights, and civil and commercial obligations. the political, administrative, judicial, and diplomatic organization: general organization of the administration; diplomatic and consular organization; territorial organization, creation and modification of administrative constituencies as well as electoral boundaries; electoral system; general organization of national orders, decorations, and honorific titles; general rules of organization for the national defense; general rules of organization for the national police; status defense and security corps personnel; status of national intelligence service personnel; status of parliament personnel; general principles of civil service; state of exception; organic framework for the creation and suppression of establishments and autonomous public services; organization of jurisdictions of all orders and procedure followed before these jurisdictions, creation of new orders of jurisdiction; determination of statutes of the magistracy, ministerial offices, and auxiliaries of justice; determination of the crimes and misdemeanors in addition to the corresponding penalties; organization of the bar and of the notaries; organization of alternative modes of settling disputes; penitentiary system; amnesty. the protection of the environment and the conservation of natural resources; financial and wealth-related matters: system of currency issue; state budget; definition of the base and of the rate of taxes and duties; system of control and inspection of public finances; estrangement and management of the domain of the state; the nationalization and denationalization of firms and the transfer of a firm's property from the public to private sector; the system of education and scientific research; the system of sustainable development; the legislation of work, social security, and union rights, including the right to strike. article 165 matters other than these in the domain of law are of a regulatory nature. legislative texts intervening in these matters can be modified by presidential decree after the opinion of the constitutional court. article 166 texts of a regulatory nature intervening in matters arising from the domain of law can be modified by legislative means, after the opinion of the constitutional court. article 167 the law of finances determines, for each year, the resources and expenses of the state. article 168 the two chambers of parliament assemble in congress to: receive a message of the president of the republic; accuse the president of the republic in the case of high treason in a resolution made by two-thirds of the members of the national assembly and of the senate; reexamine finance bills, conforming to article 182; evaluate every six months the application of the governmental program; receive the oath of the ombudsman; receive the oaths of members of the ceni; receive the oaths of members of government; debate and trade on all matters of national interest. the bureau of parliament assembled in congress is composed of the bureaux of the national assembly and of the senate. the presidency and vice presidency of the sessions is entrusted to the president of the national assembly and the president of the senate. the internal regulation of the national assembly is that which applies to the deliberations of congress. 2. of the national assembly article 169 the national assembly is composed of at least 100 deputies in rates of 60% hutu and 40% tutsi, of which a minimum of 30% must be women, elected by direct universal suffrage for a term of 5 years and 3 deputies issuing from the twa ethnicity co-opted according to the electoral code. in the case that the results of an election do not reflect the percentages outlined above, it proceeds to the rectification of corresponding imbalances by means of cooptation provided for in the electoral code. the number of candidates who can be elected by circumscription is set by electoral law proportional to the population. article 170 the candidate to legislative elections must be of burundian nationality and origin, be at least 25 years old, and enjoy all their civil and political rights. the candidate to legislative elections must not have been convicted of a crime or misdemeanor of common law to a penalty determined by electoral law. the electoral law also provides for the period of time after which a person condemned in the manner of the preceding paragraph can regain eligibility after the execution of their penalty. article 171 the candidates to the legislative elections can be presented by political parties or can be present themselves as independents as is defined by article 99 of the present constitution. article 172 the independent national electoral commission verifies the admissibility of signatures. article 173 the elections of deputies occur following the ballot of bloc lists by proportional representation. these lists must have a multiethnic character and take into account the balance between men and women. for three candidates registered on a list, only two can belong to the same ethnic group, and at least one of three must be a woman. article 174 the candidates presented by political parties cannot be considered elected and cannot sit in the national assembly unless, at the national level, their party has totaled the greater number of votes or equal to 2% of the total votes cast. independent candidates cannot be considered elected and cannot sit in the national assembly unless they obtained at least 40% of votes cast in the circumscription where they registered. article 175 from the first session, the national assembly adopts its internal regulations which determine its organization and operations. it also establishes its bureau. the first session assembles in its full rights the first business day following the seventh day of the end of the current legislature and after the validation of its election by the constitutional court. this session is presided over by the oldest deputy. article 176 the bureau of the national assembly is composed of a president and vice presidents. the president and other members of the bureau of the national assembly are elected for the entire term of office. nevertheless, they can be dismissed from these positions following conditions set by the interior regulations of the national assembly. the president of the national assembly must solely enjoy burundi nationality and burundi origin. article 177 parliamentary groups can be formed within the assembly. the interior regulations of the national assembly set the terms and conditions of the organization and its operations. article 178 parties or independents which claim to adhere to the opposition in the national assembly participate of right in all parliamentary commissions, whether they are specialized or investigative commissions. a political party providing a member of government cannot claim that it is part of the opposition. article 179 the national assembly convenes each year in three ordinary sessions, each lasting three months. the first session commences on the first business day in august, the second on the first business day in december, and the third on the first business day in april. extraordinary sessions, not surpassing a duration of 15 days, can be convoked at the request of the president of the republic or by the demand of the absolute majority of members in the national assembly, in a defined order of business. extraordinary sessions are opened and closed by decree of the president of the republic. article 180 the national assembly can only deliberate validly if two-thirds of the deputies are present. laws are voted in by an absolute majority of deputies, present or represented. organic laws are voted in by a majority of three-fifths of present or represented deputies, without this majority being inferior to the absolute majority of members of the national assembly. the majority of three-fifths of deputies present or represented is also required to vote for resolutions, decisions, and important recommendations. article 181 the national assembly is referred to matters of finance bills from the beginning of the april session. article 182 the national assembly votes the general budget of the state. the budgetary year begins on the first of july and ends on june 30 of the following year. if the national assembly has not reached a decision by june 30, the budget of the preceding year is resumed by provisional twelfths. by the request of the president of the republic, the parliament assembles in congress in a period of 15 days to reexamine finance bills. if the parliament does not vote in the budget at the end of this session, the budget is established definitively by law-decree made by the council of ministers. article 183 a court of accounts is established and tasked with examining, judging, and certifying the expenses of all public services. it assists parliament in the control of executing finance laws. the court of accounts presents to parliament a report on the regularity of the general accounts of the state and confirms if the funds have been dispensed according to the procedures established and the budget approved by parliament. it gives a copy of the aforementioned report to the government. the court of accounts is provided with the resources necessary to exercise its duties. the law determines its missions, organization, jurisdiction, and operation, and the procedure which came before it. 3. of the senate article 184 a candidate to senator elections must be of burundian nationality, be aged at least 35 years old at the time of the election, and enjoy all their civil and political rights. the candidate to the senatorial elections must not have been convicted for a crime or misdemeanor of common law to a penalty determined by the electoral law. the electoral law provides equally for the time period after which a person condemned in the sense of the preceding paragraph may recover their eligibility from the execution of the sentence. article 185 the senate is composed of: two delegates from each province, elected by an electoral college composed of members of the communal councils of the considered province, of different ethnic communities and elected by separate ballots; three people of the twa ethnicity; a minimum rate of 30% women is guaranteed. electoral law determines practical ways and means, with cooptation in due case. article 186 the independent national electoral commission verifies the admissibility of candidacies. these candidacies come from political parties or independents. article 187 from the first session, the senate adopts the internal regulations which determines its organization and its operations. it also elects its bureau. the first session assembles in its full right the first business day following the seventh day of the end of the ongoing congress and after the validation of its election by the constitutional court. this session is presided over by the oldest senator. article 188 the bureau is composed of a president and vice presidents. the president of the senate must uniquely enjoy burundian nationality from birth. article 189 the formation of parliamentary groups is forbidden within the senate. article 190 the senate assembles every year in three ordinary sessions each lasting three months and at the same time as the national assembly. extraordinary sessions not surpassing a duration of 15 days can be convoked at the demand of the president of the republic or by the demand of an absolute majority of members in the senate, on a determined order of business. extraordinary sessions are opened and closed by decree of the president of the republic. article 191 the senate can only deliberate validly if two-thirds of the deputies are present. decisions are made by an absolute majority of senators, present or represented. organic laws are voted in by a majority of three-fifths of present or represented senators, without this majority being inferior to the absolute majority of members of the senate. article 192 the senate is endowed with the following jurisdictions: approve amendments to the constitution and to organic laws, including laws governing the electoral process; be referred to the ombudsman's report on any aspect of public administration; approve texts of laws concerning the demarcation, attributions, and powers of territorial entities; direct investigations in the public administration and, if necessary, make recommendations to assure that no region or population is excluded from the benefits of public services; control the application of constitutional provisions demanding ethnic and gender representation and balance in all structures and institutions of the state, notably the public administration and the defense and security corps; advise the president of the republic and the president of the national assembly on all matters, especially of legislative content; formulate observations or propose amendments concerning legislation adopted by the national assembly; draft and file bills for review by the national assembly; approve nominations solely for the following duties: the heads of the defense and security corps; the governors of a province; the ambassadors; the ombudsman; the members of the superior council of the magistrature; the president of the supreme court and members of the supreme court; the president of the constitutional court and members of the constitutional court; the general prosecutor of the republic and the magistrates of the general office of prosecution of the republic; the president of the anti-corruption court and the members of this court; the general prosecutor before the anti-corruption court and the magistrates of the general office of prosecution before this court; the president of the appeals court and the president of the administrative court; the general prosecutor before the appeals court; the presidents of the tribunal of the high court, of the tribunal of commerce and of the tribunal of labor, and all those responsible in the other jurisdictions having an equal or superior rank and their members in addition to prosecutors and their substitutes before these jurisdictions on the basis of their rank; the prosecutors of the republic; the members of the independent national election commission. 4. of the procedure of the adoption of laws article 193 bills and propositions left simultaneously at the offices of the national assembly and the senate. every bill and every proposition specifies if it concerns a matter within the jurisdiction of the senate conforming to article 192. texts addressed in the preceding paragraph are registered of office in the order of business of the senate. other texts are examined following the procedure prescribed by articles 195 and 196 below. in case of doubt of or dispute about the admissibility of a text, the president of the republic, the president of the national assembly, or the president of the senate refers the text to the supreme court, who then decides. article 194 in matters other than those addressed in article 193, the text is first adopted in the first reading by the national assembly. it is also transmitted to the senate by the president of the national assembly. at the demand of its bureau or of at least one-third of its members, the senate examines the text of a bill. this demand is formulated within seven days of the reception of the bill. in a time period that may not exceed ten days from the demand, the senate may either decide that there is no need to amend the bill or proposition, or it can adopt the bill or proposition after having amended it. if the senate has not decided within the allotted time period or if it has informed the national assembly of its decision to not amend the text, the president of the national assembly transmits it within forty-eight hours to the president of the republic for enactment. if the bill was amended, the senate transmits it to the national assembly which makes a decision to either adopt, reject wholly or reject in part the amendments adopted by the senate. article 195 if, on the occasion of the examination addressed in the last paragraph of article 194, the national assembly adopts a new amendment, the bill of law is returned to the senate which makes a decision on the amended bill. within a time period not exceeding five days from the date of the return, the senate can either decide to accept the bill amended by the national assembly, or to adopt the bill after having amended it again. if the senate has not decided within the allotted time period or if it has informed the national assembly of its decision to accept the bill voted by the national assembly, the latter sends it within 48 hours to the president of the republic for enactment. if the bill has been newly amended, the senate sends it to the national assembly which decides definitively, either adopting or amending the bill. article 196 in the matters referred to in article 192, 1 and 3, the text adopted by the national assembly is sent for adoption to the senate by the president of the national assembly. the senate adopts the bill, within a time period that cannot exceed thirty days, either without amendment, or after having amended it. if the senate adopts the bill without amendment, the president of the senate returns the adopted text to the president of the national assembly who transmits it within forty-eight hours to the president of the republic for promulgation. if the senate adopts the bill after having amended it, the president of the senate sends it to the national assembly for a new examination. if the amendments proposed by the senate are accepted by the national assembly, the president of the national assembly sends, within 48 hours, the definitive text to the president of the republic for enactment. when, following a disagreement between the two chambers, a bill or proposition could not be adopted, the president of the national assembly and the president of the senate create a mixed paritary commission tasked with proposing a common text based on all or part of the text remaining in discussion, within 15 business days. the text drafted by the mixed paritary commission is submitted for approval to the two chambers. no amendment is admissible. each of the two chambers approves it separately. if the mixed commission does not reach the adoption of a common text, or if this text is not adopted by one or the other chamber, the president of the republic may either demand of the national assembly to definitively decide or declare the bill or proposal lapsed. the national assembly adopts this text with a two-thirds majority. title vii. of relations between the executive power and the legislative power article 197 the initiative of laws belongs concurrently to the president of the republic, to the government, to the national assembly and to the senate. the bills are deliberated in the council of ministers. article 198 the agenda of the sessions of the national assembly and of the senate includes, by priority and in the order that the government has established, the discussion of the bills presented by the government and of the propositions presented by the members of the national assembly or of the senate. if a proposition was not analyzed during two successive ordinary session, it must be registered as a priority in the agenda of the following session. article 199 the government has the right to propose amendments to propositions submitted by the members of the parliament. the national assembly and the senate have the right to deliberate, propose amendments to the bills of law or reject the bills of law presented by the government. however, the proposals and amendments formulated by the members of the national assembly or of the senate are not admissible when their adoption would result in either an important diminution of the public resources, or the creation or aggravation of an important public duty, unless those proposals or amendments are accompanied by proposals of compensatory receipts. when the national assembly or the senate has entrusted the examination of a bill or of a proposal of law to a parliamentary commission, the government can, after the opening of debate, object to the examination of any amendment that has not been previously submitted to that commission. if the government demands it, the interpellated chamber decides by a sole vote on all or part of the bill or of the proposition by retaining only the amendments proposed or accepted by the government. article 200 the government can, for the enactment of its program, demand from parliament the authorization to take by decree, for a limited time period, measures that are normally in the legal domain. these decrees must be ratified by parliament in the course of the following session. the ratification is made by a sole vote on all of the text of law. in the absence of a law of ratification, they are struck down as lapsed by the constitutional court as necessary. article 201 if it appears in the course of the legislative procedure that a proposal of law or an amendment is not in the legal domain, the government may oppose its admissibility. in the case of disagreement between the government and the parliament, the constitutional court, at the demand of the president of the republic, of the president of the national assembly or of the president of the senate, decides within a period of 8 days. article 202 the president of the republic enacts the laws adopted by parliament within a period of thirty days from the day of their transmission, as long as he does not formulate any demand of a second reading or has not referred it to the constitutional court on grounds of unconstitutionality. the request for a new examination may concern all or part of the law. after a second reading, the same text may only be enacted if it has been voted by a majority of three-fifths of the deputies and three-fifths of the senators. before enacting organic laws, the president of the republic must have their constitutionality verified by the constitutional court. without prejudice to the provisions of the first paragraph of this article, a law adopted by the parliament is considered lapsed when the president of the republic does not enact it within a period of 30 calendar days. article 203 the president of the republic can, after consultation with the vice president of the republic, the prime minister, the president of the national assembly and with the president of the senate, submit to a referendum any draft of a constitutional, legislative or other text, likely to have profound repercussions on the life and the future of the nation or on the nature or operations of the institutions of the republic. article 204 the president of the republic communicates with the parliament convened in congress by way of a message. this message does not give rise to any debate. article 205 the members of the government may attend sessions of the national assembly and of the senate. they are heard every time they so demand. they may be assisted by experts. article 206 the members of the national assembly and of the senate have the right to debate the actions and policies of the government. article 207 the national assembly and the senate may inform themselves concerning the activity of the government by means of oral or written questions addressed to members of the government. during the term, one sitting per week is reserved, by priority, for the questions of the deputies and of the senators and for the responses of the government. the government is required to provide the national assembly and the senate with all of the demanded explanations of its administration and its acts. article 208 the national assembly can present a motion of censure against the government with a majority of three-fifths of its members. it can be dissolved by the head of the state in the case of grave malfunction leading to the paralysis of government activities. a motion of no-confidence can be voted by a majority of two-thirds of the members of the national assembly against a prime minister who shows a manifest failure in the coordination of governmental action, who performs acts contrary to moral integrity or probity, or who in their conduct disturbs the normal functioning of parliament. in this case, the member of the government presents his resignation obligatorily. a motion of no-confidence can be voted by a majority of three-fifths of the members of the national assembly against a member of the government who shows a manifest failure in the administration of their ministerial department or who performs acts contrary to moral integrity or probity or who, in their conduct, disturbs the normal functioning of parliament. in this case, the member of the government presents his resignation obligatorily. article 209 the national assembly and the senate have the right to establish parliamentary commissions tasked investigating specific subjects of governmental action. title viii. of judicial power article 210 justice is rendered by the courts and tribunals on all the territory of the republic in the name of the burundian people. the role and the duties of the public ministry are fulfilled by the prosecuting magistrates. an organic law establishes the organization and the judicial jurisdiction. article 211 the hearings of the jurisdictions are public, except in case of a closed session pronounced by judicial decision, when publicity is dangerous to the public order or to morality. article 212 any judicial decision must be legitimated before being pronounced in a public hearing. article 213 the judicial power is structured to reflect in its composition the whole population. the procedures of recruitment and appointment in the judicial corps imperatively obey the concern of promoting regional, ethnic, and gender balances. the magistrature includes at most 60% hutu and at most 40% tutsi. a minimum of 30% of women is guaranteed. article 214 the judicial power is impartial and independent of legislative power and executive power. in the exercise of his functions, the judge is subject only to the constitution and to the law. the president of the republic, the head of the state, is the guarantor of the independence of the magistrature. he is assisted in this mission by the superior council of the magistrature. 1. of the superior council of the magistrature article 215 the superior council of the magistrature ensures the correct administration of justice. it is the guarantor of the independence of the presiding magistrates in the exercise of their duties. article 216 the superior council of the magistrature is the highest disciplinary authority of the magistrature. it recognizes the complaints of individuals or of the ombudsman regarding the professional conduct of the magistrates as well as of the recourse of magistrates to disciplinary measures or to complaints concerning their career. article 217 a magistrate may only be removed for a professional fault or incompetence, and solely through the proposal of the superior council of the magistrature. article 218 the superior council of the magistrature assists the president of the republic and the government in: drafting policy in matters of justice; following the situation of the country in the judicial domain and in that of the rights of man; developing strategies in matters of the struggle against impunity. article 219 in their career, the magistrates are appointed by decree of the president of the republic on a proposal of the minister who has justice within his purview, after the opinion of the superior council of the magistrature. article 220 all appointments to the judicial functions referred to in article 192, 9, except to the constitutional court, are made by the president of the republic on proposal of the minister having justice within his purview, after the opinion of the superior council of the magistrature and confirmation by the senate. article 221 the superior council of the magistrature produces once annually a report on the state of justice. article 222 the superior council of the magistrature is balanced based on ethnicity, region, and gender. it includes: four judges of the superior jurisdictions; two judges of the tribunals of residence; four members in a juridical profession in the private sector. the members of the first and second categories are elected by their peers. article 223 the members of the superior council of the magistrature are appointed by the president of the republic after approval by the senate. article 224 the superior council of the magistrature is presided over by the president of the republic, assisted by the president of the supreme court and the minister of justice, respectively, as vice president and secretary. article 225 an organic law determines the organization and the operations of the superior council of the magistrature as well as the jurisdictions of the appointments of its members. 2. of the superior council of prosecution article 226 the superior council of prosecution ensures the correct functioning of the public ministry. an organic law determines its missions, organization and operations as well as the means of appointing its members. 3. of the supreme court article 227 the supreme court is the highest ordinary jurisdiction of the republic. it is guarantor of the correct application of the law by the courts and tribunals. article 228 the judges of the supreme court are appointed by the president of the republic on proposal of the minister having justice within his purview, with the opinion of the superior council of the magistrature and after approval of the senate. the judges of the supreme court are selected from among the magistrates distinguished by their moral integrity, impartiality, and independence. article 229 a general office of prosecution of the republic is instituted, before the supreme court, of which the members are appointed in the same manner as the judges of the supreme court. article 230 an organic law specifies the composition, the organization, the jurisdiction and the operations of the supreme court as well as the procedure applicable before it. 4. of the constitutional court article 231 the constitutional court is the jurisdiction of the state in constitutional matters. it is the judge of the constitutionality of the laws and it interprets the constitution. article 232 the constitutional court is composed of seven members. they are appointed by the president of the republic after approval of the senate. they have a non-renewable term of eight years. at least four of the members of the constitutional court are career magistrates. the president, the vice president and the career magistrates are permanent. the members of the constitutional court are chosen from among the jurists distinguished by their moral integrity, impartiality, and independence. the members of the constitutional court appointed as replacements for those whose functions have ended before the normal term complete the term of those they replace. the court is partially renewed following the jurisdictions established by an organic law. article 233 the constitutional court may only sit validly if at least five of its members are present. decisions are made with the absolute majority of the sitting members, the vote of the president being a tie-breaker in the case of equal division of the votes. article 234 the constitutional court has jurisdiction to: decide on the constitutionality of the laws and of regulatory acts made in matters other than those arising within the legal domain; assure the respect for this constitution, including the charter of fundamental rights, by the organs of the state and the other institutions; interpret the constitution, at the demand of the president of the republic, of the president of the national assembly, of the president of the senate, of one-quarter of the deputies or of one-quarter of the senators; decide on the regularity of the presidential elections, legislative elections and of the referenda and to proclaim the definitive results of them; receive the oath of the president of the republic, of the vice president of the republic, of the prime minister and of the other ministers before they take up their positions declare the vacancy of the post of president of the republic declare the vacancy of the seats of the parliamentarians. the organic laws before enactment, the international treaties before submission to the vote of the assemblies, the internal regulations of the national assembly and of the senate before application, are submitted obligatory to the control of constitutionality. article 235 the constitutional court is also competent to decide on the cases specified in articles 116, 162, 165, 166, 193, 200 and 283 of this constitution. article 236 the constitutional court is referred to a matter by the president of the republic, the president of the national assembly, the president of the senate, by one-quarter of the members of the national assembly or one-quarter of the members of the senate, or by the ombudsman. every natural or moral person interested, as well as the public ministry, may refer the constitutional court to a matter concerning the constitutionality of the laws, either directly by way of an action or indirectly by a procedure of pleadings of unconstitutionality invoked in a matter submitted to another jurisdiction. this jurisdiction postpones its decision until the decision of the constitutional court, which must intervene within a period of thirty days. article 237 a provision declared unconstitutional may not be enacted or implemented. the decisions of the constitutional court are not liable to any recourse. article 238 an organic law determines the organization and operations of the constitutional court as well as the procedure applicable before it. 5. of the high court of justice article 239 the high court of justice is composed of the supreme court and of the constitutional court meeting together. it is presided over by the president of the supreme court; the public ministry is represented by the general prosecutor of the republic. article 240 the high court of justice has jurisdiction to judge the president of the republic for high treason, and the president of the national assembly, the president of the senate, the vice president of the republic and the prime minister for crimes and misdemeanors committed during their term. the investigation and judgment take place before any other matters. the decisions of the high court of justice are not liable to any recourse except by pardon or correction. article 241 in the case of condemnation, the president of the republic, the vice president of the republic, the prime minister, the president of the national assembly and the president of the senate are relieved of their duties. article 242 the rules of organization and of functioning of the high court of justice as well as the procedure applicable before it are established by an organic law. title ix. of the ombudsman article 243 the ombudsman receives complaints and conducts inquiries concerning the faults of administration and of the violations of the rights of citizens committed by the agents of the public duty and of the judiciary, and makes recommendations on that subject to the appropriate authorities. he also assures a mediation between the administration and the citizens and between the ministries and the administration and plays the role of an observer in that which concerns the functioning of the public administration. the organization and operations of his service are established by the law. article 244 the ombudsman has at his disposal the powers and the resources necessary to fulfill his duties. annually, he presents a report to the national assembly and to the senate. his report is published in the official gazette of burundi. article 245 the ombudsman is appointed by the national assembly with the majority of three-quarters of its members. his appointment is subject to the approval of the senate with a majority of two-thirds of its members. his term is six years non-renewable. title x. of the defense and security corps article 246 the defense and security corps are established in accordance with the law. apart from these, no other armed organization may be created or raised. article 247 the defense and security corps must reflect the resolute will of burundians, as individuals and as a nation, to live as equals, in peace and harmony. they must teach their members to act in conformance with the constitution and the laws, as well as with the international conventions and agreements of which burundi is a signatory, and to require that they respect these texts. the corps of defense and of security are at the service of the burundian people. they must be an instrument of protection for all burundian people and all the people must recognize themselves in them. article 248 the maintenance of the national security and that of the national defense are subjected to the authority of the government and to the control of parliament. article 249 the defense and security corps must account for their actions and work in all transparency. parliamentary commissions responsible for supervising the work of the defense and security corps are created in accordance with the legislative texts in force and following the regulations of parliament. article 250 neither the corps of defense and of security, nor any of their members may, in the exercise of their duties: infringe upon the interests of a political party which, in the terms of the constitution, is legal; display their political preferences; favor, in a partisan manner, the interests of a political party; be a member of a political party or of an association with political character; participate in activities or protests of political character. the law concerning the organization and operations of the defense and security corps punishes the violation of it. article 251 the defense and security corps consist of a national defense force and a national police force, all established in accordance with this constitution. the national defense force of burundi is an armed corps conceived, organized and trained for the defense of territorial integrity, of the national independence and of national sovereignty. the national police of burundi is a corps designed, organized and trained for the maintenance and the restoration of security and order in the interior of the country. article 252 the defense and security corps are subordinated to the civil authority with respect to the constitution, the law and the regulations. article 253 the defense and security corps form a nondiscriminatory, non-ethnic and non-sexist internal culture. article 254 the organic laws determine the missions, organization, instruction, conditions of service and operations of the national defense force and of the national police. article 255 within the limits determined by the constitution and the laws, only the president of the republic may authorize the use of the armed forces: in the defense of the state; in the restoration of order and public security; in the fulfillment of the international obligations and engagements. article 256 when the national defense force is used in one of the cases cited in the paragraph above, the president officially consults the appropriate authorities thus enabled and informs the parliament promptly and in a detailed manner concerning: the reason or reasons for the use of the force of national defense; all places where this force is deployed; the period for which this force is deployed. article 257 if the parliament is not in session, the president convokes it in extraordinary session within the seven days after the use of the national defense force. article 258 the defense and security corps respect the rights and dignity of their members within the framework of the normative obligations of discipline and instruction. article 259 the members of the defense and security corps have the right to be informed of the socio-political life of the country and to receive a civic education. article 260 all foreign intervention beyond the international conventions is prohibited. all recourse to foreign forces is prohibited, except in the case of authorization by the president of the republic. article 261 the state has the duty to implement a policy of reforms related to matters of defense and of security that reinforces the unity and the cohesion of the burundian people, notably by assuring the requisite ethnic, regional and gender balances. article 262 the defense and security corps are organized to guarantee internal unity, the political neutrality of the members, as well as impartiality in the accomplishment of their missions. article 263 the defense and security corps are open without discrimination to all burundian citizens who desire to enlist. their organization is based on volunteering and professionalism. during a period to be determined by the senate, the defense and security corps may not include more than 50% of the members belonging to a particular ethnic group, taking into account the need to assure ethnic equilibrium and to prevent acts of genocide and coups d'ã�tat. article 264 the correction of an imbalance within the defense and security corps is approached progressively, in a spirit of reconciliation and of trust in order, to render all burundians secure. article 265 the defense and security corps are constituted of professionals and are nonpartisan. their members benefit from technical, moral and civic development. this training focuses notably on the culture of peace, on conduct in a pluralist democratic political system and on human rights. article 266 the members of the defense and security corps are trained, at all levels, to respect international humanitarian law and the primacy of the constitution. article 267 a civilian may not be subjected to the military code of justice nor judged by a military jurisdiction. title xi. of the national intelligence service article 268 the national intelligence service is a corps designed, organized and trained to look for, centralize and exploit all intelligence of a nature that contributes to the security of the state, its institutions and its international relations, as well as to the prosperity of its economy. an organic law determines its mission, organization, and operations. title xii. of the local collectivities article 269 the commune as well as other local collectivities of the republic are created by organic law. the law determines the fundamental principles of their status, organization, jurisdiction, and resources, as well as the conditions in which these local collectivities are managed. article 270 the commune is a decentralized administrative entity. it is subdivided into entities defined by an organic law. article 271 the commune is managed by the communal administrator under the supervision and the control of the communal council. article 272 the elections at the communal level are held according to the procedures listed below: the collines are managed by the councils of the collines, which consist of five members elected by direct universal suffrage. the council member receiving the greatest number of votes becomes the head of the colline. the candidates must present themselves as independents; the quarters are managed by councils of the quarters, which consist of five members elected by direct universal suffrage. the council member receiving the greatest number of votes becomes the head of the quarter. the candidates must present themselves as independents; the communal council members are elected by direct universal suffrage. article 273 the independent national electoral commission ensures that the communal councils reflect in a general manner the ethnic diversity of their electorate. in the case where the composition of a communal council does not reflect this ethnic diversity, the independent national electoral commission may order the council to co opt persons originating from an underrepresented ethnic group, on the condition that the persons thus co-opted do not constitute more than one-fifth of the members of the council. the persons to be co-opted are selected by the independent national electoral commission. each communal council elects within it a communal administrator and may remove him from his duties for a valid reason, such as corruption, incompetence, grave fault or misappropriation of funds. the national assembly and the senate may, after evaluation, legislate so that the administrator should be elected by direct universal suffrage. none of the ethnic groups can be represented by more than 67% of the communal administrators at the national level. the independent national electoral commission assures that this principle is respected. article 274 the state sees to the harmonious and balanced development of all the communes of the country on the basis of the national solidarity. title xiii. of the national councils article 275 to assure a large participation of citizens in the administration of public affairs, the state establishes the following national councils: the national council for national unity and reconciliation; the national observatory for the prevention and the eradication of genocide, war crimes and crimes against humanity; the national security council; the economic and social council; the national communication council. the government guarantees these councils the means necessary for their operations. an organic law determines their missions, composition, organization and operations and can create others. title xiv. of international treaties and agreements article 276 the president of the republic has the top leadership of international negotiations. he signs and ratifies international treaties and agreements. article 277 peace treaties and commerce treaties, treaties relative to international organization, treaties which engage state finances, and those that modify legislative provisions as well as those which relate to the status of persons may only be ratified through a law. article 278 the republic of burundi may create with other states international organizations of common administration and coordination and of free cooperation. it can end agreements of association or community with other states. article 279 the treaties take effect only after having been ratified regularly, with reservations of their application by the other party in a bilateral treaty, and of the fulfillment of conditions for their enactment provided by them in a multilateral treaty. article 280 agreements authorizing toxic waste storage and the storage of other materials detrimental to the environment are prohibited. article 281 the defense and security corps may participate in international operations for the maintenance of peace in the world or within the framework of bilateral and multilateral agreements of cooperation. no burundian force may be deployed beyond the national borders without prior authorization of the president of the republic after consultation with the vice president of the republic, the prime minister and the national security council. the national assembly and the senate must be informed within a period not exceeding seven days. article 282 any transfer, exchange, or addition of territory is invalid without the consent of the burundian people through referendum. article 283 when the constitutional court, referred to the matter by the president of the republic, the president of the national assembly, the president of the senate, or a quarter of the members of the national assembly or of the senate, has declared that an international engagement contains a clause contrary to the constitution, the authorization to ratify this engagement may only occur after an amendment or revision of the constitution. title xv. of the revision of the constitution article 284 the initiative of the revision of the constitution rests concurrently with the president of the republic after consultation with the government, to the national assembly or to the senate, deciding individually with an absolute majority of members. article 285 the president of the republic can submit for a referendum a bill of amendment of the constitution. article 286 no procedure of revision may be retained if it infringes the national unity, the cohesion of the burundian people, the secularity of the state, the reconciliation, the democracy or the integrity of the territory of the republic. article 287 the bill or the proposal of amendment of the constitution is adopted with the majority of four-fifths of the national assembly members and of two-thirds of the senate members. title xvi. of interim provisions article 288 while awaiting the establishment of the institutions arising from the elections in accordance with this constitution, the institutions in place remain in operation until the effective installation of the new elected institutions. the current members of the constitutional court remain in office until the establishment of new institutions arising from the 2020 election. article 289 a period of five years is granted to the senate to evaluate whether to end or to continue the system of ethnic quotas in the executive, legislative and judicial branches after the establishment of institutions arising from this constitution. title xvii. of final provisions article 290 as long as they are not contrary to the constitution, the legislative and regulatory provisions, prior to taking effect, remain in application until their modification or repeal. article 291 the constitution of the republic of burundi adopted by referendum on february 28, 2005 and enacted on march 18, 2005 is thus revised. article 292 this constitution adopted by referendum on may 17, 2018 is in effect on the day of its enactment. preamble whereas provision is being made in a separate proclamation (in this constitution referred to as “the succession and regency proclamation, 1959”) for certain matters affecting his majesty the sultan and yang di-pertuan, the succession to the sultanate and his majesty the sultan and yang di-pertuan’s family; whereas we intend to govern in accordance with the provisions of this constitution and the laws of brunei darussalam and, by progressive steps hereafter, to introduce further representative institutions into the government of brunei darussalam; and whereas we have, with the advice and consent of our traditional advisers, decided to make such provisions for the regulation of the government of brunei darussalam as is hereinafter contained; now, therefore, we by the rights and powers of our prerogatives as sultan and yang di-pertuan of the sovereign state and territory of brunei darussalam and all its dependencies, do hereby proclaim in our name and on our behalf and for and on behalf of our successors as hereinafter follows: part i. preliminary 1. citation this constitution may be cited as the constitution of brunei darussalam. 2. interpretation in this constitution, unless the context otherwise requires— “attorney general” means the officer appointed under clause (1) of article 81; “auditor general” means the officer appointed under clause (1) of article 66; “brunei investment agency” means the body corporate established by the brunei investment agency act (chapter 137); “chief syar’ie judge” means the chief syar’ie judge appointed under the syariah courts act (chapter 184); “citizen of brunei darussalam” means a subject of his majesty the sultan and yang di-pertuan by virtue of the provisions of any written law relating to nationality; “civil list” means the provision made for the maintenance of his majesty the sultan and yang di-pertuan, his consort and other members of the royal family out of public funds; “clerk to the legislative council” includes any person appointed by his majesty the sultan and yang di-pertuan to be deputy clerk to that council; “clerk to the privy council” includes any person appointed by his majesty the sultan and yang di-pertuan to be deputy clerk to that council; “council of ministers” means the council of ministers established by article 10; “council of regency” means the council of regency appointed under the succession and regency proclamation, 1959; “debt” includes any liability in respect of any obligation to repay capital sums by way of annuities and any liability under any guarantee; “deputy minister” means any person appointed under clause (3) of article 4; “deputy sultan and yang di-pertuan” means the person appointed by his majesty the sultan and yang di-pertuan under the succession and regency proclamation, 1959; “government” means the government of his majesty the sultan and yang di-pertuan; “high judicial office” means the office of a judge of the supreme court, or of a court having unlimited jurisdiction in civil or criminal matters, or of a court having jurisdiction in appeals from any such court; “his majesty” or “his majesty the sultan and yang di-pertuan” means— a sultan whose accession to the throne has been proclaimed whether or not he has been crowned as the sultan and yang di-pertuan; where appropriate, a council of regency; and to the extent to which a deputy to his majesty the sultan and yang di-pertuan is authorised to act, that deputy; “his majesty in council” or “his majesty the sultan and yang di-pertuan in council” means his majesty the sultan and yang di-pertuan acting after consultation with the council of ministers, but not necessarily in accordance with the advice of that council nor necessarily in that council assembled; “instrument” includes any publication in the gazette, whether or not such publication merely purports to publish the doing of an act or the occurrence of a fact or event, or otherwise conveys or purports to convey information; “islamic religion” means the islamic religion according to the shafeite sect of ahlis sunnah waljamaah; “kepala wazir” means the noble and illustrious personage known as the duli pengiran perdana wazir sahibul himmah wal-waqar; “legislative council” means the legislative council established by article 23; “meeting”, in relation to the legislative council, means all sittings of that council held during a period beginning when that council first meets after being summoned at any time and ending when that council is next thereafter either adjourned sine die or prorogued or dissolved without having been prorogued; “minister” means a person appointed under clause (3) of article 4; “mufti kerajaan” means the person appointed as such by his majesty the sultan and yang di-pertuan under the religious council and kadis courts act (chapter 77); “muslim revenue and funds” means all revenues and funds to which part iv of the religious council and kadis courts act (chapter 77) applies; “pension rights” includes superannuation rights and provident funds rights; “privy council” means the privy council established by clause (1) of article 5; “public office” means any office of emolument, remuneration or allowance (including pension or other like allowance) in respect of his tenure in the government but does not include the sultanate, the office of regent, kepala wazir, wazir, chief justice, speaker of the legislative council, deputy speaker of the legislative council, minister, deputy minister, parliamentary secretary, political secretary, member of the legislative council, ambassador, high commissioner, judge of the supreme court, consul-general, consul or such other office as his majesty the sultan and yang di-pertuan may by order published in the gazette, prescribe; “public officer” means the holder of any public office and includes any person appointed to act in any such office; “regent” means a regent duly appointed under or referred to in the succession and regency proclamation, 1959; “religious council” means the religious council constituted by part ii of the religious council and kadis courts act (chapter 77); “secretary to the council of ministers” means the person appointed under article 22 and includes any person appointed by his majesty the sultan and yang di-pertuan to be deputy secretary to that council; “session”, in relation to the legislative council, means the meeting of that council commencing when it first meets after being constituted under this constitution, or after its prorogation or dissolution at any time, and terminating when that council is prorogued or is dissolved without having been prorogued; “sitting”, in relation to the legislative council, means the period during which that council is sitting continuously without adjournment, and includes any period during which that council is in committee; “speaker” means the speaker of the legislative council appointed under clause (1) of article 37 and includes any person appointed to be his deputy; “standing orders” means the standing orders of the legislative council made pursuant to article 48; “state seal” means the seal of brunei darussalam referred to in article 79; “supreme court” means the supreme court of brunei darussalam established under the supreme court act (chapter 5); “tax” includes an impost or a duty but does not include a rate levied for local purposes or a fee for services rendered; “wazirs” means the duli pengiran perdana wazir sahibul himmah wal-waqar, the pengiran bendahara seri maharaja permaisuara, the pengiran digadong sahibul mal, the pengiran pemancha sahibul rae’ wal-mashuarah and the pengiran temanggong sahibul bahar; “written law” includes all acts, orders, proclamations and subsidiary legislation, or any part thereof, but does not include any act of parliament of the united kingdom or any order of her britannic majesty in council or any law which no authority in brunei darussalam is empowered to amend; “yang di-pertua adat istiadat” means the noble and illustrious personage known as the duli pengiran pemancha or the person appointed under clause (3) of article 3a by his majesty the sultan and yang di-pertuan. where in this constitution reference is made to any public officer by the term designating his office, such reference shall be construed as a reference to the officer for the time being discharging the functions of that office. repealed. repealed. references in this constitution to “this constitution” shall, unless the context otherwise requires, be construed as referring to subsidiary legislation made under this constitution. save as otherwise provided in this constitution or required by context, the interpretation and general clauses act (chapter 4) shall apply to the interpretation of this constitution as it applies to the interpretation of all other written laws. part ii. religion and adat istiadat 3. official religion of brunei darussalam and religious observance the official religion of brunei darussalam shall be the islamic religion: provided that all other religions may be practised in peace and harmony by the persons professing them. the head of the official religion of brunei darussalam shall be his majesty the sultan and yang di-pertuan. the religious council shall be the authority responsible for advising his majesty the sultan and yang di-pertuan on all matters relating to the islamic religion. for the purpose of this article, his majesty the sultan and yang di-pertuan may, after consultation with the religious council, but not necessarily in accordance with the advice of that council, make laws in respect of matters relating to the islamic religion. 3a. majlis mesyuarat adat istiadat there shall be established a majlis mesyuarat adat istiadat (to be known in english as the adat istiadat council) which shall consist of a chairman and other members, all of whom shall be appointed by his majesty the sultan and yang di-pertuan and hold office during his majesty the sultan and yang di-pertuan’s pleasure. the adat istiadat council shall be the authority responsible for advising his majesty the sultan and yang di-pertuan on matters relating to adat istiadat or state custom: provided that his majesty the sultan and yang di-pertuan is not bound to act in accordance with the advice of the adat istiadat council. the yang di-pertua adat istiadat shall hold office during his majesty the sultan and yang di-pertuan’s pleasure. part iii. executive authority 4. executive authority and principal officers the supreme executive authority of brunei darussalam shall be vested in his majesty the sultan and yang di-pertuan. his majesty the sultan and yang di-pertuan shall be the prime minister. his majesty the sultan and yang di-pertuan shall be the supreme commander of the royal brunei armed forces. the executive authority shall be exercised by his majesty the sultan and yang di-pertuan. his majesty the sultan and yang di-pertuan may appoint from among citizens of brunei darussalam any number of ministers and deputy ministers who shall be responsible solely to his majesty the sultan and yang di-pertuan for the exercise of executive authority and who shall assist and advise his majesty the sultan and yang di-pertuan in the discharge of his majesty the sultan and yang di-pertuan’s executive authority. repealed. the appointment of ministers and deputy ministers shall be made from among the malay race professing the islamic religion, save where his majesty the sultan and yang di-pertuan otherwise decides. the ministers and deputy ministers shall be appointed by his majesty the sultan and yang di-pertuan by instrument under his sign manual and the state seal and shall hold office for a period of 5 years or such other period, and on such terms as his majesty the sultan and yang di-pertuan may determine, and the same persons may be re-appointed, when such appointment expires, for a further period as specified in the instrument appointing him: provided that his majesty the sultan and yang di-pertuan may revoke the appointment of any minister or deputy minister at any time without showing cause. repealed. repealed. his majesty the sultan and yang di-pertuan may by order published in the gazette specify the functions, powers and duties of the ministers and deputy ministers, and such ministers and deputy ministers shall discharge their functions, powers and duties in accordance with such orders: provided that his majesty the sultan and yang di-pertuan may transfer any functions, powers and duties conferred on any person by the existing instruments to such other person or authority as may be specified by such order at any time without showing cause. part iv. privy council 5. establishment of privy council there shall be established a privy council (to be known in malay as the majlis mesyuarat di-raja) constituted in accordance with the provisions of this part. the privy council, the members of which shall be styled privy councillors, shall consist of— if such an appointment has been made, the deputy sultan and yang di-pertuan; the regents, if a council of regency has been appointed; ex-officio members, namely the kepala wazir, the wazirs, members of the council of ministers, mufti kerajaan, chief syar’ie judge, attorney general, yang di-pertua adat istiadat and the person who holds such other office as may from time to time be designated by his majesty the sultan and yang di-pertuan by proclamation in the gazette; and such other persons (who shall be styled appointed members) as his majesty the sultan and yang di-pertuan may, by instrument under the state seal, appoint. every appointed member of the privy council shall hold office during his majesty the sultan and yang di-pertuan’s pleasure and subject thereto for such period and upon such conditions as may be specified in the instrument appointing him. every member of the privy council shall, before entering upon the duties of his office, take or make and subscribe before his majesty the sultan and yang di-pertuan, or, if a council of regency has been appointed, before the senior male regent, or before such other person as his majesty the sultan and yang di-pertuan or, as the case may be, the senior male regent may designate, an oath or declaration in the form set out as form i in the first schedule. repealed. 6. functions of privy council the privy council— shall advise his majesty the sultan and yang di-pertuan on any amendment, addition or revocation of any provision of this constitution, in accordance with article 85; shall, subject to any written law, advise his majesty the sultan and yang di-pertuan on the appointment of persons to malay customary ranks, titles, honours and dignities and the designation of the functions appertaining thereto; and *shall perform such other functions as may be conferred on it by the succession and regency proclamation, 1959, any other written law or by his majesty the sultan and yang di-pertuan. [*as at the time of this reprint, his majesty the sultan and yang di-pertuan has, pursuant to the constitution of brunei darussalam (suspension) order, 2006 (s 15/06), conferred on the privy council the function to advise his majesty in connection with the exercise of his majesty’s powers under clause (1) of article 9 of the constitution of brunei darussalam.] minutes shall be kept of all proceedings of the privy council. his majesty the sultan and yang di-pertuan shall appoint some fit and proper person to be the clerk to the privy council, and such person shall, before entering upon the duties of his office, take and subscribe before his majesty the sultan and yang di-pertuan or the senior male regent, as the case may be, an oath in the form set out as form ii in the first schedule. subject to any written law, the exercise of any power conferred on, or the doing of any act or thing by, the privy council may be signified under the hand of the clerk to the privy council. his majesty the sultan and yang di-pertuan is not bound to act in accordance with the advice of the privy council. 7. summoning and quorum the privy council shall not be summoned except by the authority of his majesty the sultan and yang di-pertuan or, if a council of regency has been appointed, by the senior male regent or, if his majesty the sultan and yang di-pertuan is not present in brunei darussalam and if no council of regency has been appointed, by the kepala wazir. 2 no business shall be transacted at any meeting of the privy council if there are less than one-third of the members of the council (besides his majesty the sultan and yang di-pertuan or other person presiding) present at the meeting, and his majesty the sultan and yang di-pertuan or any other person presiding has objected to the transaction of business on that account. if the number of members of the privy council is not a multiple of 3, then, for the purpose of this clause, the number of members shall be deemed to be the next highest multiple of 3. any proceedings in the privy council and any such decision taken by that council shall be valid notwithstanding that some person who was not entitled to do so took part in the proceedings. 8. presiding in privy council his majesty the sultan and yang di-pertuan shall, so far as practicable, preside at meetings of the privy council. in the absence of his majesty the sultan and yang di-pertuan, the person who shall preside shall be in the following priority— if such an appointment has been made, the deputy sultan and yang di-pertuan; if no deputy sultan and yang di-pertuan has been appointed and a council of regency has been appointed, the senior male regent present; if no deputy sultan and yang di-pertuan and no council of regency has been appointed, such member of the privy council as his majesty the sultan and yang di-pertuan may appoint or, in the absence of such member or where no such member has been appointed, the kepala wazir; and in any other case, the ex-officio member of the privy council present who stands first in the order in which those officers are referred to in paragraph (c) of clause (2) of article 5. part iva. pardons board *establishment of pardons board. for the purposes of this part, there shall be established a pardons board which shall consist of the attorney general, the mufti kerajaan and not more than 3 other members. [*article 8a was not in operation at the date of this reprint. this article was suspended by the constitution of brunei darussalam (suspension) order, 2006 (s 15/06), with effect from 21st february 2006.] the 3 other members shall be appointed by his majesty the sultan and yang di-pertuan and shall hold office during his majesty the sultan and yang di-pertuan’s pleasure. [*article 8a was not in operation at the date of this reprint. this article was suspended by the constitution of brunei darussalam (suspension) order, 2006 (s 15/06), with effect from 21st february 2006.] 9. prerogative of mercy. **his majesty the sultan and yang di-pertuan may exercise in his absolute discretion, in respect of any offence for which an offender may be or has been tried in brunei darussalam, such one or more of the following powers— grant to any person concerned in, or convicted of, any such offence a pardon either free or subject to conditions; grant to any person a respite, either indefinite or for a specified period, of the execution of any sentence passed on that person for such an offence; substitute a less severe form of punishment for that imposed by any sentence for such an offence; remit the whole or any part of any sentence passed for such an offence or of any sum of money imposed as a penalty or forfeiture, or otherwise due to brunei darussalam, his majesty the sultan and yang di-pertuan or any other person on account of such offence; or order the discharge of any person who may be imprisoned for any offence or for non-payment of any sum of money as aforesaid. [**as at the time of this reprint, his majesty the sultan and yang di-pertuan has, pursuant to the constitution of brunei darussalam (suspension) order, 2006 (s 15/06), conferred on the privy council the function to advise his majesty in connection with the exercise of his majesty’s powers under clause (1) of article 9 of the constitution of brunei darussalam.] ***in exercising his powers, his majesty the sultan and yang di-pertuan may have regard to, but is not bound to act in accordance with, the advice of the pardons board. [***clauses (2), (4) and (5) of article 9 were not in operation at the date of this reprint. these clauses were suspended by the constitution of brunei darussalam (suspension) order, 2006 (s 15/06), with effect from 21st february 2006.] repealed. ***it shall be the duty of the attorney general to supply to the pardons board any information which the prosecution may have in relation to any offender who has been sentenced to death which may be material to the exercise in relation to that offender of the powers vested in his majesty the sultan and yang di-pertuan by clause (1). [***clauses (2), (4) and (5) of article 9 were not in operation at the date of this reprint. these clauses were suspended by the constitution of brunei darussalam (suspension) order, 2006 (s 15/06), with effect from 21st february 2006.] ***before tendering its advice on any matter, the pardons board shall consider any written opinion which may have been delivered thereon by the attorney general on the law applicable and by the mufti kerajaan on any aspect of islamic law. [***clauses (2), (4) and (5) of article 9 were not in operation at the date of this reprint. these clauses were suspended by the constitution of brunei darussalam (suspension) order, 2006 (s 15/06), with effect from 21st february 2006.] part v. council of ministers 10. establishment of council of ministers there shall be established a council of ministers (to be known in malay as the majlis mesyuarat menteri-menteri), constituted in accordance with the provisions of this part. 11. constitution of council of ministers the council of ministers shall consist of the prime minister and the ministers appointed under clause (3) of article 4. 12. tenure of office and vacation of seats subject to this constitution, every minister shall hold his seat in the council of ministers during his majesty the sultan and yang di-pertuan’s pleasure. 13. repealed 14. attendance at council of ministers of non-members whenever his majesty the sultan and yang di-pertuan or in his absence, other person presiding decides to obtain the advice of any person touching the affairs of the government, he may require such person to attend any meeting of the council of ministers for such purpose. 15. precedence the members of the council of ministers shall have seniority and precedence amongst themselves in that council as his majesty the sultan and yang di-pertuan may assign. 16. summoning and quorum the council of ministers shall not be summoned except by the authority of his majesty the sultan and yang di-pertuan. no business shall be transacted at any meeting of the council of ministers if there are less than 5 members of the council, besides his majesty the sultan and yang di-pertuan or other person presiding, present at the meeting, and his majesty the sultan and yang di-pertuan or other person presiding at the meeting has objected to the transaction of business on that account. the council of ministers shall not be disqualified from the transaction of business by reason of any vacancy amongst its members, including any vacancy not filled when that council is first constituted or is reconstituted at any time; and any proceedings therein and decisions taken therefrom shall be valid notwithstanding that some person who was not entitled to do so took part in the proceedings. 17. presiding in council of ministers in the absence of his majesty the sultan and yang di-pertuan, the person who shall preside shall be the member of the council of ministers present who stands first in order of precedence according to article 15. 18. consultation with council of ministers in the exercise of his powers and the performance of his duties, his majesty the sultan and yang di-pertuan shall, subject to the provisions of this article, consult with the council of ministers. clause (1) shall not apply to the exercise or performance by his majesty the sultan and yang di-pertuan of any power or duty, whether conferred or imposed on him by this constitution or by any written law, if the law by which that power or duty is conferred or imposed empowers or requires his majesty the sultan and yang di-pertuan to exercise that power or perform that duty after consultation with some authority other than the council of ministers or does not require his majesty the sultan and yang di-pertuan to consult with any authority. notwithstanding clause (1), his majesty the sultan and yang di-pertuan shall not be obliged to consult the council of ministers in cases— which are of such a nature that, in his judgment, brunei darussalam may sustain material prejudice by his consulting the council of ministers thereon; in which the matters to be decided are, in his judgment, too unimportant to require the advice of the council of ministers; or in which the matters to be decided are, in his judgment, too urgent to admit of the advice of the council of ministers being given by the time within which it may be necessary for him to act: provided that, in every case falling within paragraph (c), his majesty the sultan and yang di-pertuan shall, as soon as practicable, inform the council of ministers of the measures which he has adopted with the reasons therefor. his majesty the sultan and yang di-pertuan shall have the power to set the agenda of the council of ministers. 19. his majesty not bound to act in accordance with the advice of council of ministers his majesty the sultan and yang di-pertuan is not bound to act in accordance with the advice of the council of ministers, but in any such case, he shall record in writing, for inclusion in the minutes, the reasons for his decision. whenever his majesty the sultan and yang di-pertuan shall so act against the advice of the council of ministers, any member shall be competent to require that there be recorded upon the minutes any advice or opinion he may have given upon the question together with the reasons therefor. 19a. decision of council of ministers no decision of the council of ministers shall be valid unless approved by his majesty the sultan and yang di-pertuan. 20. minutes minutes shall be kept of all the proceedings of the council of ministers. as soon as practicable after the minutes of a meeting of the council of ministers have been confirmed, a full transcript thereof shall be transmitted by the secretary to the council of ministers to his majesty the sultan and yang di-pertuan. 21. oath to be taken by members every member of the council of ministers, other than the prime minister, shall, before entering upon the duties of his office, take or make before his majesty the sultan and yang di-pertuan, or some other person authorised by his majesty the sultan and yang di-pertuan, an oath or declaration in the form set out as form iii in the first schedule: provided that any person who, having previously been a member of that council, again becomes a member of that council within one month after the termination of his previous membership thereof may enter on the duties of his office without again taking or making such oath or declaration. 22. secretary to council of ministers his majesty the sultan and yang di-pertuan shall appoint some fit and proper person to be the secretary to the council of ministers, and such person shall hold office during his majesty the sultan and yang di-pertuan’s pleasure. before entering upon the duties of the office, the secretary shall take and subscribe before his majesty the sultan and yang di-pertuan or other member presiding, an oath in the form set out as form ii in the first schedule. part vi. legislative council 23. establishment of legislative council there shall be established a legislative council (to be known in malay as majlis mesyuarat negara), constituted in accordance with the provisions of this part. 24. composition and membership of legislative council the second schedule which concerns the composition and membership of the legislative council shall have effect. his majesty the sultan and yang di-pertuan may by order published in the gazette add to, revoke or amend the provisions of the second schedule. 25. repealed 26. repealed 27. repealed 28. repealed 29. qualifications for members subject to article 30, any person (other than a regent) who is a citizen of brunei darussalam and who has attained the age of 21 years shall be qualified to be a member of the legislative council. 30. disqualification for members no person shall be qualified to be a member of the legislative council who— is, due to his own act, under any acknowledgement of allegiance, obedience or loyalty to a power or state outside brunei darussalam, or has voluntarily acquired the citizenship of or has exercised rights of citizenship in a foreign country, or has shown himself by act or speech to have the intent to be disloyal or disaffected towards his majesty the sultan and yang di-pertuan; is a person declared to be of unsound mind under any law in force in brunei darussalam; has been sentenced by a court in brunei darussalam or elsewhere, to death, imprisonment or to a fine of $1,000 or more for any offence by whatever name called: provided that this paragraph shall not apply to any person— until the time for lodging an appeal has lapsed or, if an appeal has been lodged, until such appeal has been dismissed or the appeal has been allowed and the sentence provided for under paragraph (c) has been set aside by the appellate court; who has been sentenced to a fine as aforesaid which conviction is for an offence which does not involve any element of dishonesty, fraud or moral turpitude; who has received a free pardon for that offence; if 3 years or more have elapsed since the termination of his imprisonment or the imposition of the fine on him; or in respect of whom his majesty the sultan and yang di-pertuan has, after full consideration of the circumstances, directed that this paragraph shall not apply; is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in brunei darussalam or elsewhere; is a murtad in accordance with the hukum syara’; or is disqualified under any law relating to offences in connection with elections to the legislative council by reason of having been convicted of such an offence or having in proceedings relating to such an election been proved guilty of an act constituting such an offence. 31. tenure of office and vacation of seats every member of the legislative council shall hold his seat therein during his majesty the sultan and yang di-pertuan’s pleasure. every member of the legislative council shall cease to be a member when that council is dissolved after he has been appointed or if his seat shall become vacant under this constitution. the seat of a member shall become vacant— if he shall be appointed as a regent; if he shall, by writing under his hand addressed to the clerk of the legislative council, resign his seat in the legislative council; if he, except in the case of an ex-officio member, shall be absent from 2 consecutive meetings of the legislative council without having obtained from the speaker, before the termination of either of such meetings, permission to be or to remain absent therefrom; or repealed; repealed; if any circumstances arise which, if he were not a member of the legislative council, would cause him to be disqualified under article 30. his majesty the sultan and yang di-pertuan or the legislative council may, for such reason as may appear to his majesty the sultan and yang di-pertuan or that council to be good and sufficient, declare any member of that council to be incapable of discharging his functions as a member of that council, and thereupon, such member shall not sit in or take part in the proceedings of that council until he is declared by his majesty the sultan and yang di-pertuan or that council to be again capable of discharging his functions: provided that where the member is declared by his majesty the sultan and yang di-pertuan to be incapable of discharging his functions, the legislative council shall not have the power to declare such member to be again capable of discharging his functions without the prior approval of his majesty the sultan and yang di-pertuan. his majesty the sultan and yang di-pertuan or the legislative council may, for such reason as may appear to his majesty the sultan and yang di-pertuan or that council to be good and sufficient, suspend any member, from the exercise of his functions and his rights and privileges, as a member of that council, and thereupon, such member shall not sit in or take part in the proceedings of that council until the suspension is ended by his majesty the sultan and yang di-pertuan or that council: provided that where the member is suspended by his majesty the sultan and yang di-pertuan, the legislative council shall not have the power to end the suspension of such member without the prior approval of his majesty the sultan and yang di-pertuan. any person vacating his seat as a member of the legislative council may, if qualified, be again appointed as, or elected to be, a member. repealed. repealed. 32. decisions of questions as to membership of legislative council his majesty the sultan and yang di-pertuan shall have exclusive jurisdiction to determine any question on whether— any person has been validly disqualified to be a member of the legislative council; any member of the legislative council has been validly appointed or elected as a member of, or dismissed from that council; any member of the legislative council has been validly declared to be incapable of discharging his functions or suspended from the legislative council; or any such member of the legislative council has vacated his seat therein. 33. temporary appointments where for the time being— one of the members is appointed to act as regent; repealed; repealed; the seat of a member is vacant otherwise than by reason of a dissolution of the legislative council; a member is unable to sit in the legislative council in consequence of a declaration or suspension by his majesty the sultan and yang di-pertuan or that council, as provided in clauses (4) or (5) of article 31; or repealed; repealed; repealed; the seat of a member shall become vacant for whatever reason, his majesty the sultan and yang di-pertuan may, by instrument under the state seal, appoint a person to be a member for the period of such vacancy. repealed. every person so appointed shall, so long as his appointment shall subsist, for all intents and purposes be a member of the legislative council, and part vi shall apply to him accordingly. repealed. for the purposes of this article, any temporary appointment shall cease to have effect on notification by the clerk to the legislative council to the person appointed of the revocation of the appointment, or on the supersession of the appointment by the definitive appointment of a person to fill the vacancy. 34. attendance at legislative council of non-members whenever his majesty the sultan and yang di-pertuan or the speaker desires to obtain the advice of any person in brunei darussalam touching on any business about to be brought before the legislative council, his majesty the sultan and yang di-pertuan or the speaker, as the case may be, may summon any such person to attend that council for such purpose. any person so required may, with the permission of the speaker and subject to standing orders, address that council but, save as aforesaid, shall take no part in the proceedings thereof. 35. repealed 36. repealed 37. speaker and deputy speaker his majesty the sultan and yang di-pertuan may, by instrument under the state seal, appoint a speaker of the legislative council either from among the members of that council or from among persons who are not members thereof. his majesty the sultan and yang di-pertuan may by instrument under the state seal appoint a deputy speaker of the legislative council from among the members of that council or from among persons who are not members thereof. any person appointed as speaker or deputy speaker shall hold office during his majesty the sultan and yang di-pertuan’s pleasure and, subject thereto, for such period as may be specified in the instrument by which he is appointed: provided that the speaker or deputy speaker may, by writing under his hand addressed to his majesty the sultan and yang di-pertuan, resign his office and, in the case of a speaker or deputy speaker appointed from among the members of the legislative council, shall vacate his office if he ceases to be a member of that council. 38. speaker or deputy speaker to attend and preside the speaker or the deputy speaker, as the case may be, shall so far as practicable, attend and preside at all meetings of the legislative council, and in their absence such member of that council as the speaker or deputy speaker may, after consultation with his majesty the sultan and yang di-pertuan, generally or specially appoint, shall preside. part vii. legislation and procedure in the legislative council 39. power to make laws his majesty the sultan and yang di-pertuan shall have the power to make laws for the peace, order, security and good government of brunei darussalam. 40. introduction of bills subject to this constitution and to the standing orders, any member of the legislative council may introduce any bill or propose any motion for debate in, or present any petition to the legislative council; and such bill, motion or petition shall be debated and disposed of in accordance with the standing orders. repealed. repealed. 41. publication of bills save in a case of urgency to be certified in writing by his majesty the sultan and yang di-pertuan, every bill shall be published in the gazette. within 7 days of the publication of a bill in the gazette or of the date of any certificate under clause (1), the bill shall be laid on the table of the legislative council whether or not that council is sitting. 42. description of bills, motions and petitions not to proceed without approval except with the prior approval of his majesty the sultan and yang di-pertuan, a member of the legislative council shall not introduce or propose, and the legislative council shall not proceed upon, any bill, any amendment to any bill, or any motion, petition or business which, in the opinion of his majesty the sultan and yang di-pertuan, falls within any of the following classes— any bill, motion, petition or business relating to the issue of bank notes or the establishment of any bank association or the amendment of the constitution thereof; any bill, motion, petition or business which shall appear inconsistent with obligations imposed upon his majesty the sultan and yang di-pertuan by treaty or agreement with another power or state; any bill, motion, petition or business relating to questions of defence or public security; any bill, motion, petition or business that may have the effect of lowering or adversely affect directly or indirectly the rights, position, discretion, powers, privileges, sovereignty or prerogatives of his majesty the sultan and yang di-pertuan, his successors, his consort or other members of the royal family; any bill, motion, petition or business that may have the effect of lowering or adversely affect directly or indirectly the standing or prominence of the national philosophy of melayu islam beraja (known in english as malay islamic monarchy); any bill, motion, petition or business which would provide for or directly or indirectly affect the finances or currency of brunei darussalam; any bill, motion, petition or business which would provide for or directly or indirectly affect the compounding or remitting of any debt due to brunei darussalam; any bill, motion, petition or business which would provide for or directly or indirectly affect the custody of the consolidated fund, the charging of any money on the consolidated fund or the abolition of any such charge; any bill, motion, petition or business which would provide for or directly or indirectly affect the payment of moneys into the consolidated fund or the payment, issue or withdrawal from the consolidated fund of any moneys not charged thereon, or any alteration in any such payment, issue or withdrawal otherwise than by reducing it; any bill, motion, petition or business which would provide for or directly or indirectly affect the receipt of moneys on account of the consolidated fund or the custody or issue of such moneys, or the audit of the accounts of brunei darussalam; any bill, motion, petition or business which would provide for or directly or indirectly affect the borrowing of money, or the giving of any guarantee by brunei darussalam, or the amendment of the law relating to the financial obligations of brunei darussalam; or any bill, motion, petition or business which would provide for or directly or indirectly affect the assignment of any tax or fee. a bill, amendment to a bill, or any motion, petition or business shall not be deemed to make provision for any of the matters specified in paragraphs (f) to (l) of clause (1) by reason only that it provides— for the imposition or alteration of any fine or other pecuniary penalty or for the payment or demand of a licence fee, or a fee or charge for any service rendered; or for the imposition, alteration or regulation of any tax or rate by any local authority or body for local purposes. the approval of his majesty the sultan and yang di-pertuan in relation to any bill or amendment to any bill, or any motion, petition or business, under clause (1) may be expressed at any time before his majesty the sultan and yang di-pertuan has assented thereto, and may, if given while the legislative council is sitting, be given in writing through any minister. for the purpose of clause (1), the speaker, or deputy speaker in the absence of the speaker, may at any time in his discretion, adjourn the legislative council or suspend the sitting so as to obtain the advice of his majesty the sultan and yang di-pertuan on any bill, amendment to any bill, or any motion, petition or business. 43. voting subject to clauses (3), (4) and (5), all questions proposed for decision in the legislative council shall be determined by a majority of the votes of the members present and voting. the speaker and, in his absence the deputy speaker, and in his absence, the member presiding shall have an original vote and shall in addition, if upon any question for which the votes are equally divided, have and exercise a casting vote. if, having debated a bill, the legislative council resolves that the bill shall be rejected (such resolution shall hereinafter be referred to as a “negative resolution”) then clause (4) shall apply. if the legislative council passes a negative resolution, the speaker shall, within 14 days of the passing of that resolution, submit a report to his majesty the sultan and yang di-pertuan giving a summary of the debate and the reasons for such resolution. his majesty the sultan and yang di-pertuan, having considered the report of the speaker may, notwithstanding the negative resolution, declare that the bill shall have effect as an act either in the form in which it was introduced or with such amendments as his majesty the sultan and yang di-pertuan shall think fit, from a date to be specified in the gazette. 44. vacancies and quorum the legislative council shall not be disqualified from the transaction of business by reason of any vacancy among the members, including any vacancy not filled when that council is first constituted or reconstituted at any time; and any proceedings therein shall be valid notwithstanding that some person who was not entitled to do so sat or voted in that council, or otherwise took part in those proceedings. if, at any sitting of the legislative council, any member who is present draws the attention of the person presiding at the sitting to the fact that less than one-third of the members are present apart from any member presiding and, after such interval, if any, as may be provided for by the standing orders, the person presiding is satisfied that there are less than that number of members so present, the sitting shall be adjourned. the calculation of one-third referred to in clause (2) shall be in accordance with the standing orders. 45. assent to bills when any bill has been passed by the legislative council, such bill shall only become law either in the form in which it was passed or with such amendments as his majesty the sultan and yang di-pertuan shall think fit, if his majesty the sultan and yang di-pertuan assents to, signs and seals the bill with the state seal. in the event his majesty the sultan and yang di-pertuan amends the bill after it has been passed by the legislative council, his majesty the sultan and yang di-pertuan shall not be required to refer the bill back to the legislative council. a law assented to by his majesty the sultan and yang di-pertuan shall come into operation on the date on which such assent shall be given, or, if it shall be enacted either in such law or in some other law (including any law in force on the commencement of this part) that it shall come into operation on some other date, on that date. 46. style of laws and enacting words all laws shall be styled acts and the enacting words shall be “be it enacted by his majesty the sultan and yang di-pertuan with the advice and consent of the legislative council as follows:”. 47. reserved powers if his majesty the sultan and yang di-pertuan shall consider that it is expedient in the interests of public order, good faith or good government of brunei darussalam, or for any other reason whatsoever, that any bill introduced, or any motion, petition or business proposed in the legislative council shall have effect, then, if that council shall fail to pass that bill or carry that motion, petition or business within such time and in such form or manner as his majesty the sultan and yang di-pertuan may think reasonable and expedient, his majesty the sultan and yang di-pertuan may, at any time, notwithstanding any provision of this constitution or the standing orders, declare that that bill or motion, petition or business shall have effect as if it had been passed or carried by that council either in the form in which it was so introduced or proposed or with such amendments as his majesty the sultan and yang di-pertuan shall think fit which have been moved or proposed in that council or in any committee thereof; and the bill or motion or petition shall be deemed thereupon to have been so passed or carried; and the provisions of this constitution, and, in particular, the provisions of article 45, relating to assent to bills shall have effect accordingly. any such declaration made by his majesty the sultan and yang di-pertuan under clause (1) together with the bill, motion, petition or business so deemed to have been passed or carried shall be notified in the gazette by the speaker. any such declaration, other than a declaration relating to a bill, may be revoked by his majesty the sultan and yang di-pertuan; and the speaker shall notify such revocation in the gazette; and from the date of such notification, any motion, petition or business which shall be deemed to have been carried by virtue of the declaration revoked shall cease to have effect; and such cessation shall have the same effect as the repeal of a written law. 48. standing orders subject to this constitution, the legislative council may from time to time make, amend and revoke standing orders for the regulation and orderly conduct of its own proceedings and the dispatch of business, including the power to impose sanctions. repealed. no standing order shall be suspended without the approval of the speaker and such approval shall only be granted by him if he is satisfied that such suspension is necessary for the proper and expeditious dispatch of the business of the legislative council. no standing orders made by the legislative council and no amendments, suspension or revocation of the standing orders shall have effect unless approved by his majesty the sultan and yang di-pertuan. 49. oath to be taken by members every member of the legislative council shall, before entering upon the duties of his office and taking his seat, take or make and subscribe before the speaker or deputy speaker or other member presiding an oath or declaration in the form set out as form iv in the first schedule: provided that any person who, having previously been a member of the legislative council, again becomes a member of that council within one month after the termination of his previous membership thereof may enter upon the duties of his office and take his seat without again taking or making and subscribing such oath or declaration. 50. clerk to the legislative council his majesty the sultan and yang di-pertuan shall appoint some fit and proper person to be the clerk to the legislative council, and who shall hold the office during his majesty the sultan and yang di-pertuan’s pleasure, and such person shall, before entering upon the duties of his office, take before the speaker or other member presiding an oath in the form set out as form v in the first schedule. 51. minutes minutes shall be kept of all the proceedings of the legislative council. as soon as practicable, a full transcript of the minutes of every sitting of the legislative council shall be transmitted by the clerk to the legislative council to his majesty the sultan and yang di-pertuan. 52. sessions of legislative council unless otherwise directed by his majesty the sultan and yang di-pertuan, there shall be a session of the legislative council once at least in every year, so that a period of more than 12 months shall not intervene between the last sitting in one session and the date appointed for its first sitting in the next session. each session of the legislative council shall be held at such place and shall commence and end at such time as his majesty the sultan and yang di-pertuan may from time to time, by notice published in the gazette, appoint. 53. privileges of members of legislative council subject to clause (1a), every member of the legislative council may express his opinion freely in the legislative council or any committee thereof, upon any matter which comes before it. no member of the legislative council shall speak or make any comments— directly or indirectly derogatory of the rights, status, position, powers, privileges, sovereignty or prerogatives of his majesty the sultan and yang di-pertuan, his successors, his consort or other members of the royal family or the national philosophy of malay islamic monarchy; or which constitute an offence under the sedition act (chapter 24). the validity of any proceedings in the legislative council or any committee thereof shall not be questioned in or be subject to any review by any court. subject to clause (1a), no person shall be liable to any proceedings in any court in respect of anything said, or any vote given, by him when taking part in any proceedings of the legislative council or any committee thereof. no person shall be liable to any proceedings in any court in respect of anything published by or under the authority of the legislative council. 54. right of his majesty to address legislative council his majesty the sultan and yang di-pertuan shall have the right to address the legislative council at any time upon any matter. 55. prorogation and dissolution his majesty the sultan and yang di-pertuan may at any time, by proclamation published in the gazette, prorogue or dissolve the legislative council. his majesty the sultan and yang di-pertuan shall dissolve the legislative council at the expiration of 5 years from the date when it first meets after it is first constituted or is reconstituted at any time unless it has been sooner dissolved. part viii. finance 56. no taxation unless authorised by law no tax or rate shall be levied by or for the purposes of brunei darussalam except by or under the authority of law. 57. civil list of his majesty, his consort and the royal family there shall be provided by law a civil list making provision for his majesty the sultan and yang di-pertuan, his consort and other members of the royal family, which civil list shall be a charge on the consolidated fund. the civil list shall be reasonable, adequate and suitable to the rank, position and dignity of his majesty the sultan and yang di-pertuan, his consort and other members of the royal family, and shall not be directly or indirectly diminished during his majesty the sultan and yang di-pertuan’s reign. in assessing the civil list, it shall not be permissible to take into account any income of his majesty the sultan and yang di-pertuan, his consort and other members of the royal family which is derived from the personal estates and properties of his majesty the sultan and yang di-pertuan, his consort and other members of the royal family and those which are not the property of brunei darussalam. his majesty the sultan and yang di-pertuan may draw up, maintain or amend a schedule of the members of the royal family to whom an allowance will be payable under this article. his majesty the sultan and yang di-pertuan may revoke, suspend or reduce any allowance to any member of the royal family to whom such allowance would otherwise be payable under this article. 58. consolidated fund all revenues and moneys howsoever raised or received by the government from whatsoever source shall, subject to this constitution and any written law, be paid into and form one fund to be known as the “consolidated fund”. 59. expenditure charged on consolidated fund there shall be charged on the consolidated fund in addition to any grant, remuneration or other moneys so charged by any provision of this constitution or by any written law— the costs, charges and expenses, other than the emoluments of members of the public service, incidental to the collection and management of the revenues raised or received by the government; all pensions, compensation for loss of office and gratuities for which the government is liable; all debt charges for which the government is liable; and all moneys required to satisfy any judgment, decision or award against the government by any court or tribunal. for the purposes of this article, “debt charges” include interest, sinking fund charges, the repayment or amortisation of debt, and all expenditure in connection with the raising of loans on the security of the consolidated fund and the service and redemption of debt created thereby. 60. annual estimates of receipts and expenditure his majesty the sultan and yang di-pertuan shall, in respect of every financial year, cause to be laid before the legislative council a statement of the estimated receipts and expenditure of the government for that year and, unless the legislative council by written law in respect of any year otherwise provides, that statement shall be so laid before the commencement of that year. the estimates of expenditure shall show separately— the total sums required to meet expenditure charged on the consolidated fund; and subject to clause (3), the sums respectively required to meet the heads of other expenditure proposed to be met from the consolidated fund. the sums to be shown under paragraph (b) of clause (2) shall not include— sums representing the proceeds of any loan raised by the government for any specific purpose and appropriated for such purpose by or under the written law or act authorising the raising of that loan; and sums representing any money, or interest on money, received by the government subject to a trust and to be applied in accordance with the terms of that trust. the statement shall also show, so far as practicable, the assets and liabilities of the government, other than the assets and liabilities of the brunei investment agency, at the end of the last completed financial year, the manner in which those assets are invested or held and the general heads in respect of which those liabilities are outstanding. 61. supply bill the heads of expenditure to be met from the consolidated fund but not charged thereon other than expenditure to be met by such sums as are mentioned in clause (3) of article 60, shall be included in a bill, to be known as the annual supply bill, providing the issue from the consolidated fund of the sums necessary to meet that expenditure and the application of those sums for the purposes specified therein. 62. supplementary and excess expenditure if, in respect of any financial year, it is found— that the amount appropriated by the annual supply act for any purpose is insufficient or that a need has arisen for expenditure for a purpose for which no amount has been appropriated by the annual supply act; or that any moneys have been expended for any purpose in excess of that amount, if any, appropriated for that purpose by an annual supply act, a supplementary estimate showing the sums required or spent shall be caused by his majesty the sultan and yang di-pertuan to be laid before the legislative council and the heads of any such expenditure shall be included in a supplementary supply bill. 63. power to authorise expenditure on account or for unspecified purposes the legislative council shall have power in respect of any financial year— before the passing of the annual supply bill to authorise by written law expenditure for part of the year; and to authorise by written law expenditure for the whole or part of the year otherwise than in accordance with articles 59 to 62 inclusive if, owing to the magnitude or indefinite character of any services or to circumstances which require any action of unusual urgency, it appears to be desirable to do so. 64. contingencies fund the legislative council may by written law provide for the creation of a contingencies fund and for authorising the minister of finance, if satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from the contingencies fund to meet that need. where any advance has been made in accordance with clause (1), a supplementary estimate shall be presented and a supplementary supply bill introduced into the legislative council as soon as possible for the purpose of replacing the amount so advanced. 65. withdrawals from consolidated fund subject to clause (2), no moneys shall be withdrawn from the consolidated fund unless they are— charged on the consolidated fund; authorised to be issued by a supply act; or authorised to be issued under article 63. clause (1) shall not apply to any such sums as are mentioned in clause (3) of article 60. no moneys shall be withdrawn from the consolidated fund except in the manner provided by law. 66. auditor general there shall be an auditor general who shall be appointed by his majesty the sultan and yang di-pertuan. a person who has held the office of auditor general shall be eligible for re-appointment but shall not, while holding that office be eligible for any other appointment in the public service of brunei darussalam. the auditor general shall hold office during his majesty the sultan and yang di-pertuan’s pleasure, but he may at any time resign his office. the legislative council shall provide for the remuneration of the auditor general and the remuneration so provided shall be charged on the consolidated fund. repealed. repealed. 67. powers and duties of auditor general the accounts of brunei darussalam shall, subject to this constitution and any written law, be audited and reported upon by the auditor general, who, with his subordinate staff, shall at all times be entitled to have access to all books, records, returns and reports relating to such accounts. the auditor general shall perform such other duties and exercise such powers in relation to the accounts of brunei darussalam and to the accounts of other public authorities and bodies administering public funds as may be provided by any written law. 68. reports of auditor general the auditor general shall submit his reports to his majesty the sultan and yang di-pertuan who may cause the reports to be laid before the legislative council. 69. exclusion of muslim revenues and funds the provisions of this part shall not be applicable to muslim revenues and funds. part ix. public service 70. tenure of office in public service save as otherwise provided in this constitution, every person holding office in the public service of the government shall hold office during his majesty the sultan and yang di-pertuan’s pleasure. 71. public service commission there shall be a public service commission which shall consist of a chairman and such number of members, including a deputy chairman, as his majesty the sultan and yang di-pertuan may appoint. subject to clause (3), every person who is appointed to be a member of the public service commission shall, unless he earlier resigns his office or is removed therefrom, hold office for a period of 3 years from the date of his appointment and shall be eligible for re-appointment. all members of the public service commission, including the chairman and deputy chairman, if any, shall hold office during his majesty the sultan and yang di-pertuan’s pleasure. his majesty the sultan and yang di-pertuan may grant leave of absence from his duties to any member of the public service commission, and may appoint a person to be a temporary member for the period of such leave. the procedure of the public service commission shall, subject to any regulations made under article 75, be as determined by the commission. for the purposes of the penal code (chapter 22), a member of the public service commission shall be deemed to be a public servant. 72. secretary to public service commission there shall be a secretary to the public service commission who shall be appointed by his majesty the sultan and yang di-pertuan, and who shall hold office during his majesty the sultan and yang di-pertuan’s pleasure. 73. salaries of members of public service commission every person appointed to be a member of the public service commission shall be paid such salary or allowances, or both, as may be determined by his majesty the sultan and yang di-pertuan; and all such salaries and allowances shall be a charge on the consolidated fund. 74. appointments in public service the power to appoint, transfer, promote, dismiss or exercise disciplinary control over public officers is hereby vested in his majesty the sultan and yang di-pertuan. in exercise of the power conferred upon him by clause (1), his majesty the sultan and yang di-pertuan shall, unless the regulations under article 75 otherwise provide, consult and act in accordance with the recommendation of the public service commission. nothing in this article shall affect the provisions of any written law relating to members of the royal brunei armed forces, the royal brunei police force or the prison service of brunei darussalam. 75. regulations his majesty the sultan and yang di-pertuan may make regulations to provide for— the exercise by the public service commission of any of its functions; or the exercise by the public service commission or by any person, subject to such conditions as may be prescribed, of any of the powers vested in his majesty the sultan and yang di-pertuan by article 74 and may further provide that any such person shall be free from the restriction imposed by clause (2) of article 74. 76. his majesty to require oaths his majesty the sultan and yang di-pertuan may, whenever he thinks fit, require any person in the public service of brunei darussalam to take or make before him or such person as he may appoint, an oath or declaration of allegiance in the form set out as form vi in the first schedule. 77. repealed 78. repealed part x. state seal 79. state seal his majesty the sultan and yang di-pertuan shall keep and use the state seal for sealing all things whatsoever that shall pass that state seal. part xi. miscellaneous 80. provisions to give effect to constitution. his majesty the sultan and yang di-pertuan may by order, at any time within 3 years after the publication in the gazette of this constitution, make such provision as appears to him necessary or expedient for the purpose of bringing existing instruments into accord with the provisions of this constitution or otherwise for giving effect, or enabling effect to be given, to those provisions; and, in particular and without prejudice to the generality of the foregoing power his majesty the sultan and yang di-pertuan may by such orders— modify, add to or adapt any provisions in existing instruments which refer, in whatever terms, to his majesty the sultan and yang di-pertuan in council, the state council or the council of state; provide for the transfer of functions, powers and duties conferred or imposed by existing instruments upon any person or authority to such other person or authority as may be specified by such orders; proceed to make any appointment which he would be authorised to make under part vi if this constitution were in operation and may also, at any time after such appointments, proceed to make any appointment which he would be authorised to make under article 11 if that article and part vi were in force and the appointments made under part vi had taken effect: provided that, except in so far as may be necessary to give effect to the provisions of this clause, no appointment made by virtue hereof shall have effect before the commencement of that part; provide for the financial procedure of brunei darussalam including, until other provision has been made under clause (1) of article 64, the establishment of a contingencies fund; provide for the audit of the moneys of brunei darussalam and of other public bodies administering public funds, and until otherwise provided by the legislative council pursuant to clause (4) of article 66, provide for the remuneration of auditor general; until otherwise provided by the legislative council pursuant to article 73, provide for the remuneration of the member of the public service commission; provide for the incorporation of the prime minister for the purpose of holding and disposing of property, movable and immovable, in his corporate capacity, on behalf of brunei darussalam, and for the purpose of transferring to him, in that capacity on behalf of brunei darussalam, certain property, movable and immovable situate within and outside brunei darussalam, at present held on behalf of brunei darussalam by certain other persons and bodies; provide for the procedure in administrative appeals to his majesty the sultan and yang di-pertuan in council. subject to this article, the existing instruments shall until repealed by the authority having power to do so under this constitution continue in force on and after the commencement of this constitution, or any part thereof, with such modifications as may be made therein by any order made under this article or by any other written law. notwithstanding anything in this constitution contained, the state council existing immediately before the commencement of this constitution shall continue to have full legislative and executive authority until the commencement of parts v, vi and vii. in this article, “existing instruments” means acts, rules, regulations, by-laws, proclamations, orders, licences, permits and other instruments having the force of law, or issued in pursuance of statutory powers, and in force in brunei darussalam at the date of the order by which they are affected. an order made under this article may be amended or revoked by a further order and may be given a retrospective effect to a date not earlier than the date of the publication in the gazette of this constitution. 81. attorney general and his functions there shall be an attorney general who shall be appointed by his majesty the sultan and yang di-pertuan by notification published in the gazette. the attorney general shall advise on all legal matters connected with the affairs of brunei darussalam referred to him by his majesty the sultan and yang di-pertuan or by the government. the attorney general shall have power exercisable at his discretion to institute, conduct or discontinue any proceedings for an offence other than— proceedings before a syariah court, subject to the provisions of any written law to the contrary; or proceedings before a court martial, subject to the provisions of any written law to the contrary. in the exercise of this power, the attorney general shall not be subject to the direction or control of any person or authority. the attorney general shall have the right of audience in, and shall take precedence over any other person appearing before, any court or tribunal in brunei darussalam. the attorney general shall hold office during his majesty the sultan and yang di-pertuan’s pleasure, but he may at any time resign his office. 82. official language the official language of brunei darussalam shall be the malay language. an official version in the english language shall be provided of anything which, by this constitution or by any written law or by the standing orders, is required to be printed or in writing, and such version shall, in addition to the official malay version, be accepted as an authentic text. in the case of any doubt, conflict or discrepancy between the malay and the english texts of this constitution, or anything printed or written in accordance with clause (2), the malay text shall prevail. 83. state of emergency whenever it appears to his majesty the sultan and yang di-pertuan that an occasion of emergency or public danger is imminent, exists or has arisen whereby the security or economic life of brunei darussalam, or any part thereof, is or may be threatened, whether by war or external aggression or internal disturbance, actual or threatened, he may by proclamation (hereinafter referred to as a “proclamation of emergency”) declare a state of emergency either in the whole of brunei darussalam or in such part of brunei darussalam as may be specified in the proclamation. no proclamation of emergency shall be in force for more than 2 years, without prejudice, however, to the right of his majesty the sultan and yang di-pertuan to issue another such proclamation at or before the end of that period. notwithstanding clause (2), his majesty the sultan and yang di-pertuan may by another such proclamation declare the cessation of a state of emergency in the whole of brunei darussalam or in such part of brunei darussalam as may be specified in the proclamation before the end of 2 years. when a proclamation of emergency has been made and so long as such proclamation is in force, his majesty the sultan and yang di-pertuan may make any orders whatsoever which he considers desirable in the public interest; and may prescribe penalties which may be imposed for any offence against any such order; and may provide for the trial by any court of persons charged with such offences. without prejudice to the generality of clause (3), such orders may be made with regard to any matters coming within the classes of subject hereinafter enumerated, that is to say— censorship, the control and suppression of publications, writings, maps, plans, photographs, communications and means of communication; arrest, detention, exclusion and deportation; control of the harbours, ports and territorial waters of brunei darussalam, and of the movements of vessels; transportation by land, air or water and the control of the transport and movement of persons, animals and things; trading, storage, exportation, importation, production and manufacture; supply and distribution of food, water, fuel, light and other necessities; appropriation, control, forfeiture and disposition of property and the use thereof; conferring powers on public officers and others; requiring persons to do work or render services; constituting a special police force; formation of tribunals and other bodies for the purpose of deciding any matters specified in any such orders; modification, amendment, supersession or suspension of all or any of the provisions of any written law; entry into, and search of, premises or other places, and search and interrogation of persons; prescribing fees or other payments; and control, exploitation, use, disposition, appropriation or deployment of any natural resources. notwithstanding anything contained in part viii, his majesty the sultan and yang di-pertuan may, by any such order, make all such financial provisions as he thinks necessary during the period of the emergency, including provision for the public service, and for the payment of compensation for work required compulsorily to be undertaken, and for property compulsorily taken. any order made under this article shall, unless his majesty the sultan and yang di-pertuan otherwise directs, come into force on the day on which it is made. every order made under this article shall, at the next meeting of the legislative council, be laid before that council and that council may resolve that any such order shall, to the extent and as from such date as may be specified in such resolution, either cease to have effect (and any such cessation shall, if assented to by his majesty the sultan and yang di-pertuan, have the same effect as the repeal of a written law) or be passed by that council. such orders or cessation of such orders, as the case may be, shall be published in the gazette as soon as circumstances permit. any order made under this article shall, if the proclamation of emergency specified only part of brunei darussalam, have effect only in such part: provided that if, while a proclamation of emergency is in force in any part of brunei darussalam, another proclamation of emergency is made in respect of any other part of brunei darussalam, any order already made and still in force when the last proclamation comes into operation shall, forthwith, have effect in the part of brunei darussalam specified in the last proclamation. every order made in pursuance of this article, and every instrument made in pursuance of any such order, shall have effect notwithstanding anything inconsistent therewith contained in this constitution or in any written law. 83a. saving of acts, proclamations and orders it is hereby declared for the avoidance of doubt that every existing law including— each and every proclamation of emergency declaring a state of emergency in brunei darussalam made under article 83, commencing with the proclamation of emergency made on 12th december 1962 and thereafter every 2 years or thereabouts and ending with the proclamation of emergency made on the 16th day of muharram 1425 hijriah corresponding to the 8th day of march 2004; and each and every order, instrument, act, enactment or other written law made under article 83 during any such period of emergency, shall be deemed to have been validly passed or made, to be fully effectual and to have had full force and effect from the date on which such proclamation, order, instrument, act, enactment or other written law was declared or made even if such proclamation, order, instrument, act, enactment or other written law was inconsistent with any provision of this constitution; and the said proclamation, order, instrument, act, enactment or other written law referred to in paragraphs (a) and (b) shall be deemed to have been duly laid before and passed by the legislative council in accordance with clause (7) of article 83. at the expiration of a period of 6 months beginning with the date on which a proclamation of emergency made after the 16th day of muharram 1425 hijriah corresponding to the 8th day of march 2004 ceases to be in force, any proclamation, order, instrument, act, enactment or other written law made under article 83 during any such period of emergency and, to the extent that it could not have been validly made but for article 83, any proclamation, order, instrument, act, enactment or other written law made while the proclamation was in force, shall cease to have effect except as to things done or omitted to be done before the expiration of that period. 84. effect of constitution on his majesty’s prerogatives the government shall be regulated in accordance with the provisions of this constitution, and the form of the government shall not be altered save in pursuance of the power conferred by article 85. nothing in this constitution shall be deemed to derogate from the prerogative powers and jurisdiction of his majesty the sultan and yang di-pertuan and, for the avoidance of doubt, it is declared that his majesty the sultan and yang di-pertuan retains the power to make laws and to proclaim a further part or parts of the law of this constitution as to his majesty the sultan and yang di-pertuan from time to time may seem expedient. 84a. appointment to specified offices no person shall be appointed to any office specified in the third schedule unless he is a citizen of brunei darussalam of the malay race professing the islamic religion. his majesty the sultan and yang di-pertuan may by order published in the gazette amend the third schedule. 84b. immunity his majesty the sultan and yang di-pertuan can do no wrong in either his personal or any official capacity. his majesty the sultan and yang di-pertuan shall not be liable to any proceedings whatsoever in any court in respect of anything done or omitted to have been done by him during or after his reign in either his personal or any official capacity. any person acting on behalf, or under the authority, of his majesty the sultan and yang di-pertuan shall not be liable to any proceedings whatsoever in any court in respect of anything done or omitted to have been done by him in his official capacity: provided that, subject to article 84c, provision may be made by written law for the bringing of proceedings against the government or any officer, servant or agent thereof, but not his majesty the sultan and yang di-pertuan, in respect of wrongs committed in the course of carrying on the government of brunei darussalam. any such law as is referred to in the proviso to clause (2) shall not be deemed to be an amendment to this constitution. 84c. no judicial review the remedy of judicial review is and shall not be available in brunei darussalam. for the avoidance of doubt, there is and shall be no judicial review in any court of any act, decision, grant, revocation or suspension, or refusal or omission to do so, any exercise of or refusal or omission to exercise any power, authority or discretion by his majesty the sultan and yang di-pertuan, or any party acting on his behalf or under his authority or in the performance of any public function, under the provisions of this constitution or any written law or otherwise, including any question relating to compliance with any procedural requirement governing such act or decision. in this article, “judicial review” means proceedings instituted by any manner whatsoever including, but not limited to, proceedings by way of— an application for any of the prerogative orders of mandamus, prohibition and certiorari; an application for a declaration or an injunction; a writ of habeas corpus; and any other suit or action relating to or arising out of any act, decision, grant, revocation or suspension, or refusal or omission to do so, any exercise of or refusal or omission to exercise any power, authority or discretion conferred on his majesty the sultan and yang di-pertuan, or any party acting on his behalf or under his authority or in the performance of any public function, under the provisions of this constitution or any written law or otherwise. save as provided in this constitution, his majesty the sultan and yang di-pertuan shall not be required to assign any reason for any act, decision, grant, revocation or suspension, or refusal or omission to do so, any exercise of or refusal or omission to exercise any power, authority or discretion under the provisions of this constitution or any written law or otherwise. 84d. extra-territorial effect of laws laws of brunei darussalam may have extra-territorial effect, provided it is so stated in such laws. part xii. amendment and interpretation of constitution 85. amendment of constitution his majesty the sultan and yang di-pertuan may, by proclamation, amend, add to or revoke any of the provisions of this constitution including this article; and this constitution shall not otherwise be amended, added to or revoked. his majesty the sultan and yang di-pertuan shall consult the privy council in relation to the exercise of the powers vested in him by this article but his majesty the sultan and yang di-pertuan is not bound to act in accordance with the advice of that council. his majesty the sultan and yang di-pertuan shall not make any proclamation for the amendment or revocation of any provision of this constitution unless a draft of the proclamation has been laid before that council to enable the legislative council to determine if any amendments to the draft of the proclamation should be made. if no amendments are proposed by the legislative council within 14 days, his majesty the sultan and yang di-pertuan may proceed to declare the proclamation; if amendments are proposed by the legislative council within 14 days, the speaker shall, within 14 days of that council making the proposal, submit a report to his majesty the sultan and yang di-pertuan giving a summary of the debate and the reasons for the proposed amendments. his majesty the sultan and yang di-pertuan having considered the report of the speaker may declare that the proclamation shall have effect under clause (1) either in the form in which it was laid before the legislative council or with such amendments as his majesty the sultan and yang di-pertuan shall think fit. 86. interpretation tribunal his majesty the sultan and yang di-pertuan may refer any question involving, arising from, relating to, or in connection with, the meaning, interpretation, purpose, construction, ambit or effect of any of the provisions of this constitution to the interpretation tribunal established in accordance with clause (7) for its determination. when any such question arises in any legal proceedings before any court, his majesty the sultan and yang di-pertuan may direct that court to refer such question to the interpretation tribunal or that court shall refer such question to his majesty the sultan and yang di-pertuan, with a submission that his majesty the sultan and yang di-pertuan should refer that question to the interpretation tribunal, and upon receiving such reference his majesty the sultan and yang di-pertuan may refer such question to the interpretation tribunal: provided that the court shall not refer such question which has already been decided by the interpretation tribunal. if his majesty the sultan and yang di-pertuan does not refer such question to the interpretation tribunal, he shall cause the court by whom the reference thereof was made to be so informed, and the court shall thereupon proceed with the determination of the legal proceedings before it. the decision of a majority of the interpretation tribunal upon any question referred to it under this article shall be deemed to be a decision of the tribunal; and any decision of the tribunal shall be in writing and shall be published in the gazette, and may be proved by production of the gazette. in the case of a reference made by his majesty the sultan and yang di-pertuan to the interpretation tribunal pursuant to a reference under clause (2), his majesty the sultan and yang di-pertuan shall cause the determination of the interpretation tribunal to be communicated to the court by which the question has been referred and, in such case, that court may make such provision as may be just as to the costs of, and incurred by, such reference. the determination of the interpretation tribunal in any question referred to it under this article shall be binding and conclusive upon all persons, and shall not be called in question in or be subject to any review by or appeal to any court. the interpretation tribunal shall consist of 3 members— a chairman who shall be a person who holds or has held high judicial office in any country, or has for at least 20 years been engaged in legal practice in any country; one member who shall be a person who has for at least 10 years been engaged in legal practice in any country; and one member who shall be a person from any country who professes the islamic religion who holds or has held office in islamic law or is an expert in islamic law and jurisprudence. the chairman and other members shall be appointed by his majesty the sultan and yang di-pertuan by instrument under the state seal, and shall hold office during his majesty the sultan and yang di-pertuan’s pleasure. his majesty the sultan and yang di-pertuan may from time to time make, amend or revoke rules relating to the procedure to be followed in referring or determining questions under this article, and may make arrangements as to the remuneration to be paid to members of the interpretation tribunal, which remuneration shall be charged on the consolidated fund. the interpretation tribunal may depart from any of its previous decisions. 87. authorised reprints of constitution his majesty the sultan and yang di-pertuan may, from time to time, authorise the attorney general to cause to be printed and published an up-to-date reprint of this constitution, incorporating therein all amendments in force at the date of such authorisation. any reprint of this constitution printed and published under clause (1) shall be deemed to be and shall be, without any question whatsoever in all courts and for all purposes whatsoever, the authentic text of this constitution in force as from the date specified in that reprint until superseded by the next or a subsequent reprint. in the preparation and compilation of any reprint under clause (1), the attorney general shall have, with the necessary modifications, all the powers conferred upon him by the law revision act (chapter 1). first schedule. forms form i. oath or declaration to be taken or made and subscribed by a privy councillor (article 5(4)) wallahi wa-billahi wa-taallahi (for muslims only) i, .......... of his majesty’s privy council being an ex-officio member/having been appointed a member (delete words not required) swear by almighty allah/solemnly and sincerely declare (delete words not required) that, except with the authority of his majesty the sultan and yang di-pertuan i will not directly or indirectly reveal the business or proceedings of the privy council, or the nature or contents of any documents communicated to me as a member of the council, or any matter coming to my knowledge in my capacity as a member of the council and that in all things i will be a true and faithful privy councillor. dated this ........................................ day of ........................................ 20 ............... .................................................. signature form ii. oath to be taken and subscribed by the clerk to the privy council and the secretary to the council of ministers (articles 6(3) and 22(2)) wallahi wa-billahi wa-taallahi i, .......... having been appointed clerk/secretary (delete words not required) to the privy council/council of ministers (delete words not required) swear by almighty allah that i will not directly or indirectly reveal such matters as shall be debated in the council and committed to my secrecy but that i will well and truly serve in the said office as clerk/secretary (delete words not required) to the privy council/council of ministers (delete words not required) dated this ....................................... day of ........................................ 20 ............... ................................................. signature form iii. oath or declaration to be taken or made by a member of the council of ministers (article 21) wallahi wa-billahi wa-taallahi (for muslims only) i, .......... having been appointed a member of the council of ministers swear by almighty allah/solemnly and sincerely declare (delete words not required) that, except with the authority of his majesty the sultan and yang di-pertuan i, .......... will not directly or indirectly reveal the business or proceedings of the council of ministers, or the nature or contents of any document communicated to me as a member of the council, or any matter coming to my knowledge in my capacity as a member of the council, and that in all things i will be a true and faithful member of the council of ministers. dated this ........................................ day of ........................................20 ............... .................................................. signature form iv. oath or declaration to be taken or made and subscribed by a member of the legislative council (article 49) wallahi wa-billahi wa-taallahi (for muslims only) i, .......... having been appointed or elected a member of the legislative council swear by almighty allah/solemnly and sincerely declare (delete words not required) that i will to the best of my ability and judgment, serve as a true and faithful member of the legislative council. dated this ....................................... day of ........................................ 20 ............... .................................................. signature form v. oath to be taken by the clerk to the legislative council (article 50) wallahi wa-billahi wa-taallahi i, .......... having been appointed clerk to the legislative council swear by almighty allah that i will well and truly serve in the said office of clerk to the legislative council. dated this ........................................ day of ........................................ 20 ............... .................................................. signature form vi. oath or declaration of allegiance (article 76) wallahi wa-billahi wa-taallahi (for muslims only) i, .......... swear by almighty allah/solemnly and sincerely declare (delete words not required) that i will be faithful and bear true allegiance to his majesty the sultan and yang di-pertuan .......... and his successors according to law. that i will without fear or favour and to the best of my ability and judgment, serve as a true and faithful member of the public service of brunei darussalam. dated this ........................................ day of ........................................ 20 ............... .................................................. signature second schedule. provisions relating to legislative council (article 24(1)) 1. composition and membership of the legislative council the legislative council shall consist of not more than 45 members as follows— up to 30 persons who shall be appointed by his majesty the sultan and yang di-pertuan from the following categories— ex-officio members who comprise the prime minister and all the ministers appointed under article 4(3) of this constitution; titled persons; persons who, in his majesty the sultan and yang di-pertuan’s opinion, have rendered distinguished public service or who are not within sub-paragraph (a)(iv) but who, in his opinion, will be capable of contributing to the deliberations of the legislative council; persons who, in his majesty the sultan and yang di-pertuan’s opinion, have achieved distinction in the field of religion, management, any profession, business, trade, agriculture, cultural arts or community activities, or who are representatives of particular communities; and up to 15 representatives, the exact number of which shall be determined by his majesty the sultan and yang di-pertuan, from brunei and muara district, belait district, tutong district and temburong district who shall be elected in accordance with the laws relating to elections in force in brunei darussalam. 2. instrument of appointment the members of the legislative council who are appointed in accordance with sub-paragraph (a) of paragraph 1 shall be appointed by his majesty the sultan and yang di-pertuan by instrument under the state seal. 3. duration and terms of appointment every member of the legislative council shall hold his seat in that council during his majesty the sultan and yang di-pertuan’s pleasure and, subject thereto, shall hold office in accordance with such terms as may be specified in the instrument of appointment which may include a provision specifying the constituency or electoral area for which he may be made responsible. 4. district representatives for the purpose of sub-paragraph (b) of paragraph 1, the districts shall be represented in the legislative council by members (in this schedule referred to as “district representatives”) as follows— brunei and muara district, up to 7 members; belait district, up to 3 members; tutong district, up to 3 members; temburong district, up to 2 members. until laws relating to elections are in force in brunei darussalam to elect district representatives, paragraphs 5 and 6 shall have effect for the purpose of appointing such members and such appointments shall be valid for the purposes of paragraphs 1 and 4. 5. nomination and appointment of district representatives his majesty the sultan and yang di-pertuan may, whenever his majesty the sultan and yang di-pertuan deems fit, inform the penghulus, ketua kampong and ketua rumah panjang of the exact number of district representatives which his majesty the sultan and yang di-pertuan intends to appoint. the penghulus, ketua kampong and ketua rumah panjang shall select from amongst themselves candidates for appointment by his majesty the sultan and yang di-pertuan as district representatives. his majesty the sultan and yang di-pertuan shall appoint a selection committee comprising a chairman and 2 other members, who shall hold their positions during his majesty the sultan and yang di-pertuan’s pleasure. the selection committee shall have the power to recommend, from the candidates put forward in sub-paragraph (2), persons for appointment by his majesty the sultan and yang di-pertuan as district representatives and, in making such recommendation, the selection committee shall take into consideration the suitability of such persons as district representatives. should his majesty the sultan and yang di-pertuan reject any candidates recommended by the selection committee, the relevant penghulus, ketua kampong and ketua rumah panjang shall propose alternative candidates for consideration and the process set out in sub-paragraphs (4) and (5) shall continue until all seats determined by his majesty the sultan and yang di-pertuan in respect of sub-paragraph (b) of paragraph 1 have been filled. 6. vacancy whenever a vacancy arises amongst district representatives, the speaker shall, with the prior written consent of his majesty the sultan and yang di-pertuan, give notice to the district officer concerned that the selection of the candidate be carried out. the relevant penghulus, ketua kampong and ketua rumah panjang shall be called by the district officer to nominate a candidate or candidates to fill such vacancy, and the process set out in sub-paragraphs (4) and (5) of paragraph 5 shall apply. 7. regulations his majesty the sultan and yang di-pertuan may make regulations for the purposes of carrying out any provision of this schedule. 8. validity his majesty the sultan and yang di-pertuan shall have the absolute discretion to proclaim that the legislative council is or has been properly and validly constituted, notwithstanding that no members have been appointed under any one or more of sub-paragraphs (a)(i) to (iv) or under sub-paragraph (b) of paragraph 1. subject to the maximum number of members allowed under paragraph 1, his majesty the sultan and yang di-pertuan shall have the power to appoint additional members to the legislative council after making the proclamation in sub-paragraph (1). third schedule. list of specified offices (article 84a(1)) auditor general clerk to the privy council clerk to the legislative council chief syar’ie judge mufti kerajaan attorney general chairman of the public service commission yang di-pertua adat istiadat speaker of the legislative council secretary to the council of ministers part i preliminary 1. citation this constitution may be cited as the constitution of the republic of singapore. 2. interpretation in this constitution, unless it is otherwise provided or the context otherwise requires— "cabinet" means the cabinet constituted under this constitution; "civil list" means the provision made under article 22j for the maintenance of the president; "citizen of singapore" means any person who, under the provisions of this constitution, has the status of a citizen of singapore; "commencement", used with reference to this constitution, means 9th august 1965; "consolidated fund" means the consolidated fund established by this constitution; "council of presidential advisers" means the council of presidential advisers constituted under part va; "existing law" means any law having effect as part of the law of singapore immediately before the commencement of this constitution; "government" means the government of singapore; "judge of the supreme court" means the chief justice, a judge of appeal or a judge of the high court; "law" includes written law and any legislation of the united kingdom or other enactment or instrument whatsoever which is in operation in singapore and the common law in so far as it is in operation in singapore and any custom or usage having the force of law in singapore; "legal service commission" means the legal service commission constituted under this constitution; "legislature" means the legislature of singapore; "minister" means a minister appointed under this constitution; "office of profit" means, subject to clause (5), any whole time office in the public service; "parliament" means the parliament of singapore; "president" means the president of singapore elected under this constitution and includes any person for the time being exercising the functions of the office of president; "presidential elections committee" means the presidential elections committee constituted under article 18; "prime minister" means the prime minister of singapore appointed under this constitution; "public office" means, subject to clause (5), an office of emolument in the public service; "public officer" means the holder of any public office; "public seal" means the public seal of singapore; "public service" means service under the government; "public service commission" means the public service commission constituted under this constitution; "register of electors" means any register of electors prepared under the provisions of any written law for the time being in force relating to parliamentary elections; "remuneration", in respect of any public officer, means only the emoluments of that officer, the whole or any part of which count for pension or gratuity in accordance with the provisions of any law relating to the grant of pensions or gratuities in respect of the public service; "reserves", in relation to the government, a statutory board or government company, means the excess of assets over liabilities of the government, statutory board or government company, as the case may be; "session" means the sittings of parliament commencing when it first meets after being constituted, or after its prorogation or dissolution at any time, and terminating when parliament is prorogued or is dissolved without having been prorogued; "singapore" means the republic of singapore; "sitting" means a period during which parliament is sitting continuously without adjournment, including any period during which parliament is in committee; "speaker" and "deputy speaker" mean, respectively, the speaker and a deputy speaker of parliament; "term of office", in relation to the government, means the period— commencing on the date the prime minister and ministers first take and subscribe the oath of allegiance in accordance with article 27 after a general election; and ending after the next general election on the date immediately before the prime minister and ministers first take and subscribe the oath of allegiance in accordance with article 27; "terms of service", in respect of any officer, includes the remuneration to which that officer is entitled by virtue of his office, and any pension, gratuity or other like allowance payable to or in respect of that officer; "written law" means this constitution and all acts and ordinances and subsidiary legislation for the time being in force in singapore. except where this constitution otherwise provides or where the context otherwise requires— the person or authority having power to make substantive appointments to any public office may appoint a person to perform the functions of that office during any period when it is vacant or when the holder thereof is unable (whether by reason of absence or infirmity of body or mind or any other cause) to perform those functions; every appointment to perform the functions of an office made under paragraph (a) shall be made in the same manner as and subject to the same conditions as apply to a substantive appointment to that office; any reference in this constitution to the holder of any office by the term designating his office shall be construed as including a reference to any person for the time being lawfully performing the functions of that office; and any reference in this constitution to an appointment to any office shall be construed as including a reference to an appointment to perform the functions of that office. where in this constitution power is conferred on any person or authority to appoint a person to perform the functions of any office if the holder thereof is unable himself to perform its functions, any such appointment shall not be called in question on the ground that the holder of that office was not unable to perform those functions. for the purposes of this constitution, the resignation of a member of any body or the holder of any office constituted by this constitution that is required to be addressed to any person shall be deemed to have effect from the time that it is received by that person: provided that, in the case of a resignation that is required to be addressed to the speaker, the resignation shall, if the office of speaker is vacant or the speaker is absent from singapore, be deemed to have effect from the time that it is received by a deputy speaker on behalf of the speaker. for the purposes of this constitution, a person shall not be considered as holding a public office or an office of profit by reason of the fact that he is in receipt of any remuneration or allowances (including a pension or other like allowance) in respect of his tenure of the office of president, prime minister, chief justice, speaker, deputy speaker, minister, parliamentary secretary, political secretary, member of parliament, ambassador, high commissioner or such other office as the president may, from time to time, by order, prescribe*. *offices of consul-general and consul have been prescribed by the president — see g.n. no. s 212/72 without prejudice to clause (2) when the holder of any public office is on leave of absence pending relinquishment of that office, the person or authority having power to make appointments to that office may appoint another person thereto. where 2 or more persons are holding the same office by reason of an appointment made pursuant to paragraph (a), the person last appointed shall, in respect of any function conferred on the holder of that office, be deemed to be the sole holder of that office. where a person is required by this constitution to take an oath, he shall be permitted, if he so desires, to comply with that requirement by making an affirmation. references in this constitution to any period shall, so far as the context admits, be construed as including references to a period beginning before the commencement of this constitution. subject to this article, the interpretation act (cap. 1) shall apply for the purpose of interpreting this constitution and otherwise in relation thereto as it applies for the purpose of interpreting and otherwise in relation to any written law within the meaning of that act. unless the context otherwise requires, any reference in this constitution to a specified part, article or schedule is a reference to that part or article of, or that schedule to, this constitution; any reference to a specified chapter, clause, section or paragraph is a reference to that chapter of the part, that clause of the article, that section of the schedule, or that paragraph of the clause or section, in which the reference occurs; and any reference to a group of articles, sections or divisions of articles or sections shall be construed as including both the first and the last member of the group referred to. part ii. the republic and the constitution 3. republic of singapore singapore shall be a sovereign republic to be known as the republic of singapore. 4. supremacy of constitution this constitution is the supreme law of the republic of singapore and any law enacted by the legislature after the commencement of this constitution which is inconsistent with this constitution shall, to the extent of the inconsistency, be void. 5. amendment of constitution subject to this article and article 8, the provisions of this constitution may be amended by a law enacted by the legislature. a bill seeking to amend any provision in this constitution shall not be passed by parliament unless it has been supported on second and third readings by the votes of not less than two-thirds of the total number of members of parliament (excluding nominated members). deleted by act 28 of 2016 wef 01/04/2017. in this article, "amendment" includes addition and repeal. repealed by act 28 of 2016 wef 01/04/2017. part iii. protection of the sovereignty of the republic of singapore 6. no surrender of sovereignty or relinquishment of control over the police force or the armed forces except by referendum there shall be— no surrender or transfer, either wholly or in part, of the sovereignty of the republic of singapore as an independent nation, whether by way of merger or incorporation with any other sovereign state or with any federation, confederation, country or territory or in any other manner whatsoever; and no relinquishment of control over the singapore police force or the singapore armed forces, unless such surrender, transfer or relinquishment has been supported, at a national referendum, by not less than two-thirds of the total number of votes cast by the electors registered under the parliamentary elections act (cap. 218). for the purposes of this article— "singapore armed forces" means the singapore armed forces raised and maintained under the singapore armed forces act (cap. 295), and includes any civil defence force formed under the civil defence act (cap. 42) and such other force as the president may, by notification in the gazette, declare to be an armed force for the purposes of this article; "singapore police force" means the singapore police force and the special constabulary established under the police force act (cap. 235) and any auxiliary police force created in accordance with part ix of that act, and includes the vigilante corps established under the vigilante corps act (cap. 343) and such other force as the president may, by notification in the gazette, declare to be a police force for the purposes of this article. 7. participation in co-operative international schemes which are beneficial to singapore without in any way derogating from the force and effect of article 6, nothing in that article shall be construed as precluding singapore or any association, body or organisation therein from— participating or co-operating in, or contributing towards, any scheme, venture, project, enterprise or undertaking of whatsoever nature, in conjunction or in concert with any other sovereign state or with any federation, confederation, country or countries or any association, body or organisation therein, where such scheme, venture, project, enterprise or undertaking confers, has the effect of conferring or is intended to confer, on singapore or any association, body or organisation therein, any economic, financial, industrial, social, cultural, educational or other benefit of any kind or is, or appears to be, advantageous in any way to singapore or any association, body or organisation therein; or entering into any treaty, agreement, contract, pact or other arrangement with any other sovereign state or with any federation, confederation, country or countries or any association, body or organisation therein, where such treaty, agreement, contract, pact or arrangement provides for mutual or collective security or any other object or purpose whatsoever which is, or appears to be, beneficial or advantageous to singapore in any way. 8. no amendment to this part except by referendum a bill for making an amendment to this part shall not be passed by parliament unless it has been supported, at a national referendum, by not less than two-thirds of the total number of votes cast by the electors registered under the parliamentary elections act (cap. 218). in this article, "amendment" includes addition and repeal. part iv. fundamental liberties 9. liberty of the person no person shall be deprived of his life or personal liberty save in accordance with law. where a complaint is made to the high court or any judge thereof that a person is being unlawfully detained, the court shall inquire into the complaint and, unless satisfied that the detention is lawful, shall order him to be produced before the court and release him. where a person is arrested, he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice. where a person is arrested and not released, he shall, without unreasonable delay, and in any case within 48 hours (excluding the time of any necessary journey), be produced before a magistrate, in person or by way of video-conferencing link (or other similar technology) in accordance with law, and shall not be further detained in custody without the magistrate's authority. clauses (3) and (4) shall not apply to an enemy alien or to any person arrested for contempt of parliament pursuant to a warrant issued under the hand of the speaker. nothing in this article shall invalidate any law— in force before the commencement of this constitution which authorises the arrest and detention of any person in the interests of public safety, peace and good order; or relating to the misuse of drugs or intoxicating substances which authorises the arrest and detention of any person for the purpose of treatment and rehabilitation, by reason of such law being inconsistent with clauses (3) and (4), and, in particular, nothing in this article shall affect the validity or operation of any such law before 10th march 1978. 10. slavery and forced labour prohibited no person shall be held in slavery. all forms of forced labour are prohibited, but parliament may by law provide for compulsory service for national purposes. work incidental to the serving of a sentence of imprisonment imposed by a court of law shall not be taken to be forced labour within the meaning of this article. 11. protection against retrospective criminal laws and repeated trials no person shall be punished for an act or omission which was not punishable by law when it was done or made, and no person shall suffer greater punishment for an offence than was prescribed by law at the time it was committed. a person who has been convicted or acquitted of an offence shall not be tried again for the same offence except where the conviction or acquittal has been quashed and a retrial ordered by a court superior to that by which he was convicted or acquitted. 12. equal protection all persons are equal before the law and entitled to the equal protection of the law. except as expressly authorised by this constitution, there shall be no discrimination against citizens of singapore on the ground only of religion, race, descent or place of birth in any law or in the appointment to any office or employment under a public authority or in the administration of any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment. this article does not invalidate or prohibit— any provision regulating personal law; or any provision or practice restricting office or employment connected with the affairs of any religion, or of an institution managed by a group professing any religion, to persons professing that religion. 13. prohibition of banishment and freedom of movement no citizen of singapore shall be banished or excluded from singapore. subject to any law relating to the security of singapore or any part thereof, public order, public health or the punishment of offenders, every citizen of singapore has the right to move freely throughout singapore and to reside in any part thereof. 14. freedom of speech, assembly and association subject to clauses (2) and (3)— every citizen of singapore has the right to freedom of speech and expression; all citizens of singapore have the right to assemble peaceably and without arms; and all citizens of singapore have the right to form associations. parliament may by law impose— on the rights conferred by clause (1) (a), such restrictions as it considers necessary or expedient in the interest of the security of singapore or any part thereof, friendly relations with other countries, public order or morality and restrictions designed to protect the privileges of parliament or to provide against contempt of court, defamation or incitement to any offence; on the right conferred by clause (1) (b), such restrictions as it considers necessary or expedient in the interest of the security of singapore or any part thereof or public order; and on the right conferred by clause (1) (c), such restrictions as it considers necessary or expedient in the interest of the security of singapore or any part thereof, public order or morality. restrictions on the right to form associations conferred by clause (1) (c) may also be imposed by any law relating to labour or education. 15. freedom of religion every person has the right to profess and practise his religion and to propagate it. no person shall be compelled to pay any tax the proceeds of which are specially allocated in whole or in part for the purposes of a religion other than his own. every religious group has the right— to manage its own religious affairs; to establish and maintain institutions for religious or charitable purposes; and to acquire and own property and hold and administer it in accordance with law. this article does not authorise any act contrary to any general law relating to public order, public health or morality. 16. rights in respect of education without prejudice to the generality of article 12, there shall be no discrimination against any citizen of singapore on the grounds only of religion, race, descent or place of birth— in the administration of any educational institution maintained by a public authority, and, in particular, the admission of pupils or students or the payment of fees; or in providing out of the funds of a public authority financial aid for the maintenance or education of pupils or students in any educational institution (whether or not maintained by a public authority and whether within or outside singapore). every religious group has the right to establish and maintain institutions for the education of children and provide therein instruction in its own religion, and there shall be no discrimination on the ground only of religion in any law relating to such institutions or in the administration of any such law. no person shall be required to receive instruction in or to take part in any ceremony or act of worship of a religion other than his own. for the purposes of clause (3), the religion of a person under the age of 18 years shall be decided by his parent or guardian. part v. the government chapter 1. the president 17. the president there shall be a president of singapore who shall be the head of state. in addition to being the head of state, it is also the function of the president to safeguard the reserves of singapore and the integrity of the public services of singapore, and the president is to perform this function according to the provisions of this constitution mentioned in clause (3). the provisions mentioned by clause (2) are the provisions in articles 22, 22a, 22b, 22c, 22d, 22e, 37b, 37c and 154a and part xi that authorise the president to act in his discretion. the president may exercise such other powers and perform such other functions as are conferred on the president by this constitution and any other written law. 17a. election of president the president is to be elected by the citizens of singapore in accordance with any law made by the legislature. any poll for the election of president must be held as follows: in the case where the office of president becomes vacant prior to the expiration of the term of office of the incumbent and a writ for the election has not been issued before such vacation of office or, if so issued, has already been countermanded — within 6 months after the date the office of president becomes vacant; or in any other case — not more than 3 months before the date of expiration of the term of office of the incumbent. 18. presidential elections committee the presidential elections committee (called in this article the committee) is established and is to perform the functions relating to elections to the office of president conferred on it by this constitution or any written law relating to such elections. the committee consists of — the chairman of the public service commission, who is the chairman of the committee; the chairman of the accounting and corporate regulatory authority established by the accounting and corporate regulatory authority act (cap. 2a); a member of the presidential council for minority rights, appointed by the chairman of that council; a member or former member of the council of presidential advisers (but not the sitting chairman of that council or a former member who vacated his seat under article 37f(2)(a) or (c)), appointed by the chairman of that council; a person who is qualified to be or has been a judge of the supreme court, appointed by the chief justice; and a person, who in the opinion of the prime minister has expertise and experience acquired in the private sector that is relevant to the functions of the committee, appointed by the prime minister. a person appointed as a member under clause (2)(c), (d), (e) or (f) holds office for a term of 6 years and may be re-appointed. the office of a member appointed under clause (2)(c), (d), (e) or (f) falls vacant — if the member dies; if the member resigns from office in writing addressed to the chairman of the committee; subject to clause (6), if the member’s appointment is revoked by the authority who appointed the member; for a member appointed under clause (2)(c), if the member ceases to be a member of the presidential council for minority rights; or for a member who is a member of the council of presidential advisers appointed under clause (2)(d), if the member is subsequently appointed as the chairman of the council of presidential advisers or vacates his seat on that council under article 37f(2)(a) or (c). if the office of a member appointed under clause (2)(c), (d), (e) or (f) falls vacant, a new member must be appointed as soon as practicable in accordance with the provisions of this article under which the vacating member was appointed. a member’s appointment cannot be revoked under clause (4)(c) from the time a writ is issued for an election to the office of president until the time a person is declared to be elected to the office of president. if any member of the committee is absent from singapore or for any other reason unable to discharge his functions, the following provisions apply: if the member is the chairman of the committee, the chairman must appoint a deputy chairman of the public service commission to act on the chairman’s behalf; if the member is the chairman of the accounting and corporate regulatory authority, the member must appoint another member of that authority to act on the member’s behalf; if the member is appointed under clause (2)(c), (d), (e) or (f), another person must be appointed, in accordance with the provisions of this article under which the member was appointed, to act on the member’s behalf. a decision of the committee must be made by a majority of its members present and voting and, if on any question before the committee its members are equally divided, the chairman of the committee has a casting vote in addition to his original vote. the committee may act despite any vacancy in its membership. subject to this constitution, the committee may regulate its procedure and fix the quorum for its meetings. parliament may by law provide for the remuneration of members of the committee and the remuneration so provided is charged on the consolidated fund. a decision of the committee as to whether a candidate for election to the office of president has fulfilled the requirements of article 19(2)(e) or (g) is final and is not subject to appeal or review in any court. 19. qualifications and disabilities of president no person shall be elected as president unless he is qualified for election in accordance with the provisions of this constitution. a person shall be qualified to be elected as president if he— is a citizen of singapore; is not less than 45 years of age; possesses the qualifications specified in article 44 (2) (c) and (d); is not subject to any of the disqualifications specified in article 45; satisfies the presidential elections committee that he is a person of integrity, good character and reputation; is not a member of any political party on the date of his nomination for election; and satisfies the presidential elections committee that — he has, at the date of the writ of election, met either the public sector service requirement in clause (3) or the private sector service requirement in clause (4); and the period of service counted for the purposes of clause (3)(a), (b) or (c)(i) or (4)(a)(i) or (b)(i) or each of the 2 periods of service counted for the purposes of clause (3)(d) or (4)(c), as the case may be, falls partly or wholly within the 20 years immediately before the date of the writ of election. the public sector service requirement is that the person has — held office for a period of 3 or more years as minister, chief justice, speaker, attorney-general, chairman of the public service commission, auditor-general, accountant-general or permanent secretary; served for a period of 3 or more years as the chief executive of an entity specified in the fifth schedule; satisfied the following criteria: the person has served for a period of 3 or more years in an office in the public sector; the presidential elections committee is satisfied, having regard to the nature of the office and the person’s performance in the office, that the person has experience and ability that is comparable to the experience and ability of a person who satisfies paragraph (a) or (b); and the presidential elections committee is satisfied, having regard to any other factors it sees fit to consider, that the person has the experience and ability to effectively carry out the functions and duties of the office of president; or held office or served, as the case may be, for a first period of one or more years in an office mentioned in paragraph (a), (b) or (c) and a second period of one or more years in an office mentioned in paragraph (a), (b) or (c), and the 2 periods add up to 3 or more years. the private sector service requirement is that the person has — served as the chief executive of a company and — the person’s most recent period of service as chief executive (ignoring any period of service shorter than a year) is 3 or more years in length; the company, on average, has at least the minimum amount in shareholders’ equity for the person’s most recent 3-year period of service as chief executive; the company, on average, makes profit after tax for the entire time (continuous or otherwise) that the person served as the chief executive of the company; and if the person has ceased to be the chief executive of the company before the date of the writ of election, the company has not been subject to any insolvency event from the last day of his service as chief executive of the company until — the date falling 3 years after that day; or the date of the writ of election, whichever is earlier, as assessed solely on the basis of events occurring on or before the date of the writ of election; satisfied the following criteria: the person has served for a period of 3 or more years in an office in a private sector organisation; the presidential elections committee is satisfied, having regard to the nature of the office, the size and complexity of the private sector organisation and the person’s performance in the office, that the person has experience and ability that is comparable to the experience and ability of a person who has served as the chief executive of a typical company with at least the minimum amount of shareholders’ equity and who satisfies paragraph (a) in relation to such service; and the presidential elections committee is satisfied, having regard to any other factors it sees fit to consider, that the person has the experience and ability to effectively carry out the functions and duties of the office of president; or subject to clause (5), served for a first period of one or more years in an office mentioned in paragraph (a) or (b) and a second period of one or more years in an office mentioned in paragraph (a) or (b), and the 2 periods add up to 3 or more years. if a person proposes to rely on clause (4)(a) for one or both periods of service under clause (4)(c), the following provisions apply: if the person proposes to rely on one period of service as the chief executive of a company — instead of clause (4)(a)(i), the period of service relied on must be the most recent period that the person served as the chief executive of the company (ignoring any period of service less than a year); instead of clause (4)(a)(ii), the company must, on average, have at least the minimum amount in shareholders’ equity for that period of service; and clause (4)(a)(iii) and (iv) applies without modification in relation to the company; if the person proposes to rely on one period of service as the chief executive of one company and one period of service as the chief executive of another company — instead of clause (4)(a)(i), the period of service relied on for each company must be the most recent period that the person served as the chief executive of that company (ignoring any period of service less than a year); instead of clause (4)(a)(ii), each company must, on average, have at least the minimum amount in shareholders’ equity for the period of service relied on; and clause (4)(a)(iii) and (iv) applies without modification in relation to each company; if the person proposes to rely on 2 periods of service as the chief executive of one company — instead of clause (4)(a)(i), the 2 periods of service must be the 2 most recent periods of service that the person served as the chief executive of the company (ignoring any period of service less than a year); instead of clause (4)(a)(ii), the company must, on average, have at least the minimum amount in shareholders’ equity for each period of service; and clause (4)(a)(iii) and (iv) applies without modification in relation to the company. the legislature may, by law — specify how the presidential elections committee is to calculate and determine shareholders’ equity for the purposes of clauses (4)(a)(ii) and (b)(ii) and (5)(a)(ii), (b)(ii) and (c)(ii); specify how the presidential elections committee is to calculate and determine profit after tax for the purposes of clause (4)(a)(iii); and prescribe what constitutes an insolvency event for the purposes of clause (4)(a)(iv). the minimum amount mentioned in clauses (4)(a)(ii) and (b)(ii) and (5)(a)(ii), (b)(ii) and (c)(ii) is $500 million and this amount can be increased if — a committee consisting of all the members of the presidential elections committee presents to parliament a recommendation that the amount be increased; and parliament, by resolution, decides to increase the amount by the extent recommended by the committee or by any lesser extent. a resolution under clause (7)(b) cannot be passed — when the office of president is vacant; or during the 6 months before the date on which the term of office of an incumbent president expires. the committee mentioned in clause (7)(a) — may regulate its own procedure and make rules for that purpose; may from time to time, and must at least once every 12 years (starting from the date of commencement of section 7(b) of the constitution of the republic of singapore (amendment) act 2016), review the minimum amount of shareholders’ equity required under clauses (4)(a)(ii) and (b)(ii) and (5)(a)(ii), (b)(ii) and (c)(ii); and must present a report of its conclusions to parliament (even if it does not recommend an increase). in clauses (3), (4) and (5), unless the context otherwise requires — “chief executive”, in relation to an entity or organisation, means the most senior executive (however named) in that entity or organisation, who is principally responsible for the management and conduct of the entity’s or organisation’s business and operations; “company” means a company limited by shares and incorporated or registered in singapore under the general law relating to companies; “period” means continuous period. 19a. disabilities of president the president must — not hold any other office created or recognised by this constitution; not actively engage in any commercial enterprise; not be a member of any political party; and if he is a member of parliament, vacate his seat in parliament. nothing in clause (1) is to be construed as requiring any person exercising the functions of the office of president under article 22n or 22o to — if he is a member of any political party, resign as a member of that party; or vacate his seat in parliament or any other office created or recognised by this constitution. 19b. reserved election for community that has not held office of president for 5 or more consecutive terms an election for the office of president is reserved for a community if no person belonging to that community has held the office of president for any of the 5 most recent terms of office of the president. a person is qualified to be elected as president — in an election reserved for one community under clause (1), only if the person belongs to the community for which the election is reserved and satisfies the requirements in article 19; in an election reserved for 2 communities under clause (1) — only if the person satisfies the requirements in article 19 and belongs to the community from which a person has not held the office of president for the greater number of consecutive terms of office immediately before the election; or if no person qualifies under sub‑paragraph (i), only if the person satisfies the requirements in article 19 and belongs to the other community for which the election is reserved; and in an election reserved for all 3 communities under clause (1) — only if the person satisfies the requirements in article 19 and belongs to the community from which a person has not held the office of president for the greatest number of consecutive terms of office immediately before the election; if no person qualifies under sub‑paragraph (i), only if the person satisfies the requirements in article 19 and belongs to the community from which a person has not held the office of president for the next greatest number of consecutive terms of office immediately before the election; or if no person qualifies under sub‑paragraph (i) or (ii), only if the person satisfies the requirements in article 19 and belongs to the remaining community. for the purposes of this article, a person who exercises the functions of the president under article 22n or 22o is not considered to have held the office of president. the legislature may, by law — provide for the establishment of one or more committees to decide, for the purposes of this article, whether a person belongs to the chinese community, the malay community or the indian or other minority communities; prescribe the procedure by which a committee under paragraph (a) decides whether a person belongs to a community; provide for the dispensation of the requirement that a person must belong to a community in order to qualify to be elected as president if, in a reserved election, no person who qualifies to be elected as president under clause (2)(a), (b) or (c) (as the case may be) is nominated as a candidate for election as president; and make such provisions the legislature considers necessary or expedient to give effect to this article. no provision of any law made pursuant to this article is invalid on the ground of inconsistency with article 12 or is considered to be a differentiating measure under article 78. in this article — “community” means — “person belonging to the chinese community” means any person who considers himself to be a member of the chinese community and who is generally accepted as a member of the chinese community by that community; “person belonging to the malay community” means any person, whether of the malay race or otherwise, who considers himself to be a member of the malay community and who is generally accepted as a member of the malay community by that community; “person belonging to the indian or other minority communities” means any person of indian origin who considers himself to be a member of the indian community and who is generally accepted as a member of the indian community by that community, or any person who belongs to any minority community other than the malay or indian community; “term of office” includes an uncompleted term of office. 20. term of office the president shall hold office for a term of 6 years from the date on which he assumes office. the person elected to the office of president shall assume office on the day his predecessor ceases to hold office or, if the office is vacant, on the day following his election. upon his assumption of office, the president shall take and subscribe in the presence of the chief justice or of another judge of the supreme court the oath of office in the form set out in the first schedule. 21. discharge and performance of functions of president except as provided by this constitution, the president shall, in the exercise of his functions under this constitution or any other written law, act in accordance with the advice of the cabinet or of a minister acting under the general authority of the cabinet. the president may act in his discretion in the performance of the following functions (in addition to those in the performance of which he may act in his discretion under the other provisions of this constitution): the appointment of the prime minister in accordance with article 25; the withholding of consent to a request for a dissolution of parliament. deleted by act 28 of 2016 wef 01/04/2017. deleted by act 28 of 2016 wef 01/04/2017. the legislature may by law make provision to require the president to act after consultation with, or on the recommendation of, any person or body of persons other than the cabinet in the exercise of his functions other than— functions exercisable in his discretion; and functions with respect to the exercise of which provision is made in any other provision of this constitution. general time limit for president to exercise discretionary powers in any particular case where this constitution authorises the president to act in his discretion in assenting to, concurring with, approving, disapproving or confirming any matter, the president must signify his decision within the specified period — after his assent, concurrence, approval or confirmation is sought; or after he is informed of a proposed transaction under article 22b(6), 22d(5) or 148g(1), as the case may be. subject to any reduction or extension under clause (3), the specified period for the purposes of clause (1) is — 30 days for the following matters: whether to concur with the introduction of a bill to which article 5a or 5b* applies; whether to assent to a supply bill, supplementary supply bill, final supply bill or a bill to which article 5c* or 22h applies; whether to concur under article 22g with the making of an inquiry or the carrying out of an investigation by the director of the corrupt practices investigation bureau; whether to confirm under article 22i a restraining order made under the maintenance of religious harmony act (cap. 167a); whether to concur under article 151(4) with the detention or further detention of a person; and 6 weeks in all other cases. in any particular case, the specified period in clause (2) may — if the prime minister certifies to the president at the time the president’s decision is sought or at any time thereafter that the case is so urgent that it is not in the public interest to delay a decision, be reduced to the period certified by the prime minister (which must not end less than 15 days after the date of the certificate); or be extended according to any agreement between the president, acting in his discretion, and the cabinet. for the purposes of articles 5c(1)* and 22h(1), if a reference is made under article 5c(2)* or 22h(2), respectively, the time from the making of the reference to the tribunal’s pronouncement of its opinion is not counted towards the specified period. if in any particular case the president fails to signify his decision within the specified period, the president is deemed to have, at the end of that period — subject to paragraph (c), given the assent, concurrence, approval or confirmation sought in that case; in a case under article 22b(7), 22d(6) or 148g(2), declined to disapprove the proposed transaction that the president was informed of; or in a case under article 22g, refused to concur with the making of an inquiry or the carrying out of an investigation by the director of the corrupt practices investigation bureau, as the case may be. this article does not apply to the president’s discretion under this constitution to withhold consent to a request for a dissolution of parliament. *article 5a, 5b, and 5c are not in operation. 22. appointment of public officers, etc notwithstanding any other provision of this constitution, the president, acting in his discretion, may refuse to make an appointment to any of the following offices or to revoke any such appointment if he does not concur with the advice or recommendation of the authority on whose advice or recommendation he is, by virtue of that other provision of this constitution or any other written law, to act: the chief justice, judges of the supreme court, and the judicial commissioners, senior judges and international judges of the supreme court; the attorney-general; the chairman and members of the presidential council for minority rights; the chairman and members of the presidential council for religious harmony constituted under the maintenance of religious harmony act (cap. 167a); the chairman and members of an advisory board constituted for the purposes of article 151; the chairman and members of the public service commission, and the members of a personnel board established under article 110d to exercise any power over division i officers; a member of the legal service commission, other than an ex-officio member referred to in article 111(2)(a), (b) or (c), and the members of a personnel board established under article 111aa; the chief valuer; the auditor-general; the accountant-general; the chief of defence force; the chiefs of the air force, army and navy; a member (other than an ex-officio member) of the armed forces council established under the singapore armed forces act (cap. 295); the commissioner of police; and the director of the corrupt practices investigation bureau. deleted by act 28 of 2016 wef 01/04/2017. deleted by act 28 of 2016 wef 01/04/2017. 22a. appointment of members of statutory boards notwithstanding any other provision of this constitution— where the president is authorised by any written law to appoint the chairman, member or chief executive officer of any statutory board to which this article applies, the president, acting in his discretion, may refuse to make any such appointment or to revoke such appointment if he does not concur with the advice or recommendation of the authority on whose advice or recommendation he is required to act; or in any other case, no appointment to the office of chairman, member or chief executive officer of any statutory board to which this article applies and no revocation of such appointment shall be made by any appointing authority unless the president, acting in his discretion, concurs therewith. deleted by act 28 of 2016 wef 01/04/2017. deleted by act 28 of 2016 wef 01/04/2017. the chairman or member of a statutory board to which this article applies shall be appointed for a term not exceeding 3 years and shall be eligible for reappointment. any appointment to the office of chairman, member or chief executive officer of a statutory board under clause (1) (b) or any revocation thereof shall be void if made without the concurrence of the president. this article shall apply to the statutory boards specified in part i of the fifth schedule. subject to clause (5), the president acting in accordance with the advice of the cabinet may, by order published in the gazette, add any other statutory board to part i of the fifth schedule; and no statutory board shall be removed from that part by any such order. no statutory board shall by order under clause (4) be added to part i of the fifth schedule if the total value of the reserves of the statutory board on the date of making of such order is less than $500 million. 22b. budgets of statutory boards every statutory board to which article 22a applies shall— before the commencement of its financial year, present to the president for his approval its budget for that financial year, together with a declaration by the chairman and the chief executive officer of the statutory board whether the budget when implemented is likely to draw on the reserves which were not accumulated by the statutory board during the current term of office of the government; present to the president for his approval every supplementary budget for its financial year together with a declaration referred to in paragraph (a) relating to such supplementary budget; and within 6 months after the close of that financial year, present to the president— a full and particular audited statement showing the revenue received and expenditure incurred by the statutory board during that financial year; as far as practicable, an audited statement of the assets and liabilities of the statutory board at the end of that financial year; and a declaration by the chairman and the chief executive officer of the statutory board whether the statements referred to in sub-paragraphs (i) and (ii) show any drawing on the reserves which were not accumulated by the statutory board during the current term of office of the government. the president, acting in his discretion, may refuse to approve any budget or supplementary budget of any such statutory board if, in his opinion, the budget is likely to draw on reserves which were not accumulated by the statutory board during the current term of office of the government, except that if he approves any such budget notwithstanding his opinion that the budget is likely to so draw on those reserves, the president shall cause his opinion to be published in the gazette. where by the first day of the financial year of such statutory board the president has not approved its budget for that financial year, the statutory board— shall, within 3 months of the first day of that financial year, present to the president a revised budget for that financial year together with the declaration referred to in clause (1); and may, pending the decision of the president, incur expenditure not exceeding one-quarter of the amount provided in the approved budget of the statutory board for the preceding financial year, and if the president does not approve the revised budget, the statutory board may during that financial year incur total expenditure not exceeding the amount provided in the approved budget of the statutory board for the preceding financial year; and the budget for the preceding financial year shall have effect as the approved budget for that financial year. any amount expended during a financial year under clause (3) (b) shall be included in any revised budget subsequently presented to the president under that clause for that financial year. nothing in this article shall prevent the taking of any action by the monetary authority of singapore in the management of the singapore dollar; and a certificate under the hand of the chairman of the board of directors of the monetary authority of singapore shall be conclusive evidence that any action was or was not taken for such purpose. it shall be the duty of every statutory board and its chief executive officer to which this article applies to inform the president of any proposed transaction of the statutory board which is likely to draw on the reserves accumulated by the statutory board prior to the current term of office of the government. where the president has been so informed under clause (6) of any such proposed transaction, the president, acting in his discretion, may disapprove the proposed transaction, except that if he does not disapprove any such proposed transaction even though he is of the opinion that the proposed transaction is likely to draw on the reserves accumulated by the statutory board prior to the current term of office of the government, the president shall cause his decision and opinion to be published in the gazette. where after 30th november 1991 a statutory board is specified in part i of the fifth schedule pursuant to an order made under article 22a (4), any reference in this article to the approved budget of a statutory board for the preceding financial year shall, in relation to the first-mentioned statutory board, be read as a reference to the budget for the financial year of the first-mentioned statutory board during which that order was made. for the purposes of this article, a proposed transfer or transfer (whether by or under any written law or otherwise) by any statutory board to which this article applies (referred to in this clause and clause (10) as the transferor board) of any of its reserves to— the government; any government company specified in part ii of the fifth schedule (referred to in this clause and clause (10) as the transferee company); or another such statutory board (referred to in this clause and clause (10) as the transferee board), shall not be taken into account in determining whether the reserves accumulated by the transferor board before the current term of office of the government are likely to be or have been drawn on if— in the case of a proposed transfer or transfer of reserves by a transferor board to the government — the minister responsible for finance undertakes in writing to add those reserves of the transferor board to the reserves accumulated by the government before its current term of office; in the case of a proposed transfer or transfer of reserves by a transferor board to a transferee company — the board of directors of the transferee company by resolution resolves that those reserves of the transferor board shall be added to the reserves accumulated by the transferee company before the current term of office of the government; or in the case of a proposed transfer or transfer of reserves by a transferor board to a transferee board — the transferee board by resolution resolves, or any written law provides, that those reserves of the transferor board shall be added to the reserves accumulated by the transferee board before the current term of office of the government. any reserves transferred by a transferor board together with or under any undertaking, resolution or written law referred to in clause (9) shall be deemed to form part of the reserves accumulated by the government, transferee company or (as the case may be) transferee board before the current term of office of the government as follows: where the budget of the transferor board for any financial year provides for the proposed transfer of reserves and the budget is approved by the president — at the beginning of that financial year; where a supplementary budget of the transferor board provides for the proposed transfer and the supplementary budget is approved by the president — on the date of such approval by the president; or in any other case — on the date those reserves are so transferred. 22c. appointment of directors of government companies notwithstanding the provisions of the memorandum and articles of association of the company, the appointment or removal of any person as a director or chief executive officer of any government company to which this article applies shall not be made unless the president, acting in his discretion, concurs with such appointment or removal. deleted by act 28 of 2016 wef 01/04/2017. deleted by act 28 of 2016 wef 01/04/2017. a director of a government company to which this article applies shall be appointed for a term not exceeding 3 years and shall be eligible for reappointment. any appointment or removal of any director or chief executive officer of a government company to which this article applies without the concurrence of the president shall be void and of no effect. this article shall apply to the government companies specified in part ii of the fifth schedule. subject to clause (5), the president acting in accordance with the advice of the cabinet may, by order published in the gazette, add any other government company to part ii of the fifth schedule; and no government company shall be removed from that part by any such order. no government company shall by order under clause (4) be added to part ii of the fifth schedule unless on the date of making of such order— the value of the share holders' funds of the company attributable to the government's interest in the company is worth $500 million or more; and it is not a subsidiary of any of the government companies specified in part ii of the fifth schedule; and for the purposes of this paragraph, "subsidiary" shall have the same meaning as in the companies act (cap. 50). 22d. budgets of government companies the board of directors of every government company to which article 22c applies shall— before the commencement of its financial year, present to the president for his approval its budget for that financial year, together with a declaration by the chairman of the board of directors and the chief executive officer of the government company whether the budget when implemented is likely to draw on the reserves which were not accumulated by the government company during the current term of office of the government; present to the president for his approval every supplementary budget for its financial year together with a declaration referred to in paragraph (a) relating to such supplementary budget; and within 6 months after the close of that financial year, present to the president— a full and particular audited profit and loss account showing the revenue collected and expenditure incurred by the government company during that financial year, and an audited balance-sheet showing the assets and liabilities of the government company at the end of that financial year; and a declaration by the chairman of the board of directors and the chief executive officer of the government company whether the audited profit and loss account and balance-sheet of the government company show any drawing on the reserves which were not accumulated by the government company during the current term of office of the government. the president, acting in his discretion, may disapprove the budget or supplementary budget of any such government company if, in his opinion, the budget is likely to draw on reserves which were not accumulated by that company during the current term of office of the government, except that if he approves any such budget notwithstanding his opinion that the budget is likely to so draw on those reserves, the president shall cause his opinion to be published in the gazette. where by the first day of the financial year of such government company the president has not approved its budget for that financial year, the government company— shall, within 3 months of the first day of that financial year, present to the president a revised budget for that financial year together with the declaration referred to in clause (1); and may, pending the decision of the president, incur expenditure not exceeding one-quarter of the amount provided in the approved budget of the government company for the preceding financial year, and if the president does not approve the revised budget, the government company may during that financial year incur a total expenditure not exceeding the amount provided in the approved budget of the government company for the preceding financial year; and the budget for the preceding financial year shall have effect as the approved budget for that financial year. any amount expended during a financial year under clause (3) (b) shall be included in any revised budget subsequently presented to the president under that clause for that financial year. it shall be the duty of the board of directors and the chief executive officer of every government company referred to in this article to inform the president of any proposed transaction of the company which is likely to draw on the reserves accumulated by the company prior to the current term of office of the government. where the president has been so informed under clause (5) of any such proposed transaction, the president, acting in his discretion, may disapprove the proposed transaction, except that if he does not disapprove any such proposed transaction even though he is of the opinion that the proposed transaction is likely to draw on the reserves accumulated by the government company prior to the current term of office of the government, the president shall cause his decision and opinion to be published in the gazette. where after 30th november 1991 a government company is specified in part ii of the fifth schedule pursuant to an order made under article 22c (4), any reference in this article to the approved budget of a government company for the preceding financial year shall, in relation to the first-mentioned government company, be read as a reference to the budget for the financial year of the first-mentioned government company immediately preceding the making of that order. for the purposes of this article, a proposed transfer or transfer by any government company to which this article applies (referred to in this clause and clause (9) as the transferor company) of any of its reserves to— the government; any statutory board specified in part i of the fifth schedule (referred to in this clause and clause (9) as the transferee board); or another such government company (referred to in this clause and clause (9) as the transferee company), shall not be taken into account in determining whether the reserves accumulated by the transferor company before the current term of office of the government are likely to be or have been drawn on if— in the case of a proposed transfer or transfer of reserves by a transferor company to the government — the minister responsible for finance undertakes in writing to add those reserves of the transferor company to the reserves accumulated by the government before its current term of office; in the case of a proposed transfer or transfer of reserves by a transferor company to a transferee board — the transferee board by resolution resolves that those reserves of the transferor company shall be added to the reserves accumulated by the transferee board before the current term of office of the government; or in the case of a proposed transfer or transfer of reserves by a transferor company to a transferee company — the board of directors of the transferee company by resolution resolves that those reserves of the transferor company shall be added to the reserves accumulated by the transferee company before the current term of office of the government. any reserves transferred by a transferor company together with or under any undertaking or resolution referred to in clause (8) shall be deemed to form part of the reserves accumulated by the government, transferee board or (as the case may be) transferee company before the current term of office of the government as follows: where the budget of the transferor company for any financial year provides for the proposed transfer of reserves and the budget is approved by the president — at the beginning of that financial year; where a supplementary budget of the transferor company provides for the proposed transfer of reserves and the supplementary budget is approved by the president — on the date of such approval by the president; or in any other case — on the date those reserves are so transferred. 22e. moneys of the central provident fund the president, acting in his discretion, may withhold his assent to any bill passed by parliament which provides, directly or indirectly, for varying, changing or increasing the powers of the central provident fund board to invest the moneys belonging to the central provident fund. 22f. president's access to information in the exercise of his functions under this constitution, the president shall be entitled, at his request, to any information concerning— the government which is available to the cabinet; and any statutory board or government company to which article 22a or 22c, as the case may be, applies which is available to the members of the statutory board or the directors of the government company. the president may request— any minister, or any senior officer of a ministry or of a department of the government; or the chief executive officer and any member of the governing board of any statutory board or the directors of any government company to which article 22a or 22c, as the case may be, applies, to furnish any information referred to in clause (1) concerning the reserves of the government, the statutory board or government company, as the case may be, and the minister, member, officer or director concerned shall be under a duty to provide the information. 22g. concurrence of president for certain investigations notwithstanding that the prime minister has refused to give his consent to the director of the corrupt practices investigation bureau to make any inquiries or to carry out any investigations into any information received by the director touching upon the conduct of any person or any allegation or complaint made against any person, the director may make such inquiries or carry out investigations into such information, allegation or complaint if the president, acting in his discretion, concurs therewith. 22h. president may withhold assent to certain bills the president may, acting in his discretion, in writing withhold his assent to any bill (other than a bill seeking to amend this constitution), if the bill or any provision therein provides, directly or indirectly, for the circumvention or curtailment of the discretionary powers conferred upon the president by this constitution. the president, acting in accordance with the advice of the cabinet, may pursuant to article 100 (and whether before or after his assent has been withheld to a bill under clause (1)), refer to a tribunal for its opinion the question whether the bill or any provision therein provides, directly or indirectly, for the circumvention or curtailment of the discretionary powers conferred upon the president by this constitution; and where such a reference is made to the tribunal, article 100 shall apply, with the necessary modifications, to that reference. where a reference is made to the tribunal and the tribunal is of the opinion that neither the bill nor any provision therein provides, directly or indirectly, for the circumvention or curtailment of the discretionary powers conferred upon the president by this constitution, the president shall be deemed to have assented to the bill on the day immediately after the day of the pronouncement of the opinion of the tribunal in open court. deleted by act 28 of 2016 wef 01/04/2017. 22i. restraining order under maintenance of religious harmony act the president, acting in his discretion, may cancel, vary, confirm or refuse to confirm a restraining order made under the maintenance of religious harmony act (cap. 167a) where the advice of the cabinet is contrary to the recommendation of the presidential council for religious harmony. 22j. civil list and personal staff of president the legislature shall by law provide a civil list for the maintenance of the president. any person exercising the functions of the office of president under article 22n or 22o shall, during any period in which he exercises those functions, be entitled to such remuneration as the legislature may by law provide. the civil list for the maintenance of the president or any person exercising the functions of the office of president shall be charged on and paid out of the consolidated fund and shall not be diminished during the continuance in office of the president or that person. subject to clause (5), the appointment, terms of service, disciplinary control, termination of appointment and dismissal of the personal staff of the president shall be matters for the president acting in his discretion. the president may, if he so desires, appoint to his personal staff such public officers as he may select, after consultation with the prime minister, from a list of names submitted by the public service commission; and the provisions of clause (4) (except in so far as they relate to appointment) shall apply in relation to a person so appointed as respects his service on the personal staff of the president but not as respects his service as a public officer. the remuneration of the personal staff of the president, other than a person appointed under clause (5), shall be defrayed out of the civil list for the maintenance of the president. 22k. immunity of president from suit except as provided in clause (4), the president shall not be liable to any proceedings whatsoever in any court in respect of anything done or omitted to be done by him in his official capacity. no proceedings in any court in respect of anything done or omitted to be done by the president in his private capacity shall be instituted against him during his term of office. where provision is made by law limiting the time within which proceedings of any description may be brought against any person, the period of time during which such person holds office as president shall not be taken into account in calculating any period of time prescribed by that law. the immunity conferred by clause (1) shall not apply to— any inquiry held by a tribunal pursuant to a resolution passed by parliament under article 22l; or any proceedings before the election judge under article 93a to determine the validity of any presidential election. 22l. vacation of and removal from office of president the office of president shall become vacant— upon the death of the president; if the president ceases to be a citizen of singapore; if the president resigns his office by writing under his hand addressed to the prime minister; if the president is removed from office in accordance with clauses (3) to (7); if the election judge in the exercise of his powers under article 93a determines that the election of the president was void and does not determine that any other person was duly elected as president; or if upon the expiration of the term of office of the incumbent the person declared elected as president fails to assume the office of president. deleted by act 17/94. the prime minister or not less than one-quarter of the total number of members of parliament (excluding nominated members) may give notice of a motion alleging that the president is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity or that the president has been guilty of — intentional violation of the constitution; treason; misconduct or corruption involving the abuse of the powers of his office; any offence involving fraud, dishonesty or moral turpitude; or intentionally or knowingly making a materially false or misleading statement of fact, or intentionally or knowingly failing to state a material fact, to the presidential elections committee for the purpose of demonstrating his eligibility to be elected as president, and setting out full particulars of the allegations made and seeking an inquiry and report thereon. where the motion referred to in clause (3) has been adopted by not less than half of the total number of the elected members of parliament referred to in article 39 (1) (a), the chief justice shall appoint a tribunal to inquire into the allegations made against the president. a tribunal appointed by the chief justice shall consist of not less than 5 judges of the supreme court of whom the chief justice shall be one, unless he otherwise decides and such tribunal may regulate its own procedure and make rules for that purpose. a tribunal shall, after due inquiry at which the president shall have the right to appear and to be heard in person or by counsel, make a report of its determination to the speaker together with the reasons therefor. where the tribunal reports to the speaker that in its opinion the president is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity or that the president has been guilty of any of the other allegations contained in such resolution, parliament may by a resolution passed by not less than three-quarters of the total number of the elected members of parliament referred to in article 39 (1) (a) remove the president from office. 22m. determination by election judge that president was not duly elected or election of president was void where the election judge in the exercise of his jurisdiction under article 93a determines— that the election of the president was void and does not determine that any other person was duly elected, then, a poll for the election of the president shall be taken not later than 6 months from the date of the determination; or that any other person was duly elected as president, then, such other person shall assume the office of president forthwith after the determination. upon the election judge making any determination that the election of the president was void and no other person was duly elected as president, the person who immediately before such determination was exercising the functions of the office of president shall forthwith cease to exercise such functions. the exercise, performance and discharge by any person of the powers, duties and functions of the office of president shall not be invalid by reason only of the fact that the election judge subsequently determines that the election of such person as president was void or undue. 22n. persons to exercise functions of president when office is vacant if the office of president becomes vacant, the chairman of the council of presidential advisers or, if he is unavailable, the speaker shall exercise the functions of the office of president during the period between the date the office of president becomes vacant and the assumption of office by the person declared elected as president. if neither the chairman of the council of presidential advisers nor the speaker is available, parliament may appoint a person in accordance with clause (3) to exercise the functions of the office of president during the period referred to in clause (1). parliament shall not appoint any person to exercise the functions of the office of president under clause (2) unless the person is qualified to be elected as president. the provisions of this chapter relating to immunity from suits shall apply in relation to any person exercising the functions of the office of president pursuant to this article as if references to the president in those provisions were references to that person. any person required or appointed to exercise the functions of the office of president pursuant to this article or article 22o shall, before exercising those functions, take and subscribe in the presence of the chief justice or another judge of the supreme court the oath of office in the form set out in the first schedule, except that neither the chairman of the council of presidential advisers nor the speaker shall, during his term of office as such chairman or as speaker, be required to take such oath more than once in respect of occasions when he is required to exercise the functions of the office of president. 22o. temporary disability of president subject to clause (2), if the president becomes temporarily unable, whether by reason of ill-health, absence from singapore or otherwise, to perform his functions under this constitution or any other written law, one of the persons referred to in article 22n shall exercise the functions of the office of president during the period of temporary disability, and the provisions of article 22n shall apply, with the necessary modifications, to that person. parliament shall not appoint any person to exercise the functions of the office of president under this article unless the president agrees to that person being so appointed. clause (2) shall not apply if the president is unable for any reason to signify his agreement to a person being appointed under this article to exercise the functions of the office of president. 22p. grant of pardon, etc the president, as occasion shall arise, may, on the advice of the cabinet— grant a pardon to any accomplice in any offence who gives information which leads to the conviction of the principal offender or any one of the principal offenders, if more than one; grant to any offender convicted of any offence in any court in singapore, a pardon, free or subject to lawful conditions, or any reprieve or respite, either indefinite or for such period as the president may think fit, of the execution of any sentence pronounced on such offender; or remit the whole or any part of such sentence or of any penalty or forfeiture imposed by law. where any offender has been condemned to death by the sentence of any court and in the event of an appeal such sentence has been confirmed by the appellate court, the president shall cause the reports which are made to him by the judge who tried the case and the chief justice or other presiding judge of the appellate court to be forwarded to the attorney-general with instructions that, after the attorney-general has given his opinion thereon, the reports shall be sent, together with the attorney-general's opinion, to the cabinet so that the cabinet may advise the president on the exercise of the power conferred on him by clause (1). chapter 2. the executive 23. executive authority of singapore the executive authority of singapore shall be vested in the president and exercisable subject to the provisions of this constitution by him or by the cabinet or any minister authorised by the cabinet. the legislature may by law confer executive functions on other persons. 24. cabinet there shall be in and for singapore a cabinet which shall consist of the prime minister and such other ministers as may be appointed in accordance with article 25. subject to the provisions of this constitution, the cabinet shall have the general direction and control of the government and shall be collectively responsible to parliament. 25. appointment of prime minister and ministers the president shall appoint as prime minister a member of parliament who in his judgment is likely to command the confidence of the majority of the members of parliament, and shall, acting in accordance with the advice of the prime minister, appoint other ministers from among the members of parliament: provided that, if an appointment is made while parliament is dissolved, a person who was a member of the last parliament may be appointed but shall not continue to hold office after the first sitting of the next parliament unless he is a member thereof. appointments under this article shall be made by the president by instrument under the public seal. 26. tenure of office of prime minister and ministers the president shall, by writing under the public seal, declare the office of prime minister vacant— if the prime minister resigns his office by writing under his hand addressed to the president; or if the president, acting in his discretion, is satisfied that the prime minister has ceased to command the confidence of a majority of the members of parliament: provided that, before declaring the office of prime minister vacant under this paragraph, the president shall inform the prime minister that he is satisfied as aforesaid, and, if the prime minister so requests, the president may dissolve parliament instead of making such a declaration. a minister, other than the prime minister, shall vacate his office— if his appointment to that office is revoked by the president, acting in accordance with the advice of the prime minister, by instrument under the public seal; or if he resigns his office by writing under his hand addressed to the president. a person who has vacated his office as minister may, if qualified, be again appointed as minister from time to time. whenever the prime minister is ill or absent from singapore or has been granted leave of absence from his duties under article 32, the functions conferred on him by this constitution shall be exercisable by any other minister authorised by the president, by instrument under the public seal, in that behalf. the president may, by instrument under the public seal, revoke any authority given under this clause. the powers conferred upon the president by this clause shall be exercised by him acting in his discretion, if in his opinion it is impracticable to obtain the advice of the prime minister owing to the prime minister's illness or absence, and in any other case shall be exercised by the president in accordance with the advice of the prime minister. 27. oath the prime minister and every other minister shall, before entering on the duties of his office, take and subscribe before the president the oath of allegiance and the appropriate oath for the due execution of his office in the forms set out in the first schedule. 28. summoning of and presiding in cabinet the cabinet shall not be summoned except by the authority of the prime minister. the prime minister shall, so far as is practicable, attend and preside at meetings of the cabinet and, in his absence, such other minister shall preside as the prime minister shall appoint. 29. validity of proceedings in cabinet any proceedings in the cabinet shall be valid notwithstanding that some person who was not entitled to do so sat or voted therein or otherwise took part in the proceedings. 30. assignment of responsibility to ministers the prime minister may, by directions in writing— charge any minister with responsibility for any department or subject; and revoke or vary any directions given under this clause. the prime minister may retain in his charge any department or subject. 31. parliamentary secretaries the president, acting in accordance with the advice of the prime minister, may by instrument under the public seal, appoint parliamentary secretaries from among the members of parliament to assist ministers in the discharge of their duties and functions: provided that, if an appointment is made while parliament is dissolved, a person who was a member of the last parliament may be appointed a parliamentary secretary but shall not continue to hold office after the first sitting of the next parliament unless he is a member thereof. article 26 (2) and (3) and article 27 shall apply to parliamentary secretaries as they apply to ministers. 32. leave of absence for ministers and parliamentary secretaries the president, acting in accordance with the advice of the prime minister, may grant leave of absence from his duties to the prime minister, to any other minister and to any parliamentary secretary. 33. disabilities of ministers and parliamentary secretaries a member of the cabinet or parliamentary secretary shall not hold any office of profit and shall not actively engage in any commercial enterprise. 34. permanent secretaries there shall be for each ministry one or more permanent secretaries who shall be persons who are public officers. appointments to the office of permanent secretary shall be made by the president, acting in accordance with the advice of the prime minister, from a list of names submitted by the public service commission. the responsibility for the allocation of each permanent secretary to a ministry shall be vested in the prime minister. every permanent secretary shall, subject to the general direction and control of the minister, exercise supervision over the department or departments to which he is allocated. 35. attorney-general the office of attorney-general is hereby constituted and appointments thereto shall be made by the president, if he, acting in his discretion, concurs with the advice of the prime minister, from among persons who are qualified for appointment as a judge of the supreme court. when it is necessary to make an appointment to the office of attorney-general otherwise than by reason of the death of the holder of that office or his removal from office under clause (6), the prime minister shall, before tendering advice to the president under clause (1), consult the person holding the office of attorney-general or, if that office is then vacant, the person who has last vacated it, and the prime minister shall, in every case, before tendering such advice, consult the chief justice and the chairman of the public service commission. the prime minister shall not be obliged to consult any person under clause (2) if he is satisfied that by reason of the infirmity of body or mind of that person or for any other reason it is impracticable to do so. the attorney-general may be appointed for a specific period and, if he was so appointed, shall, subject to clause (6), vacate his office (without prejudice to his eligibility for reappointment) at the expiration of that period, but, subject as aforesaid, shall otherwise hold office until he attains the age of 60 years: provided that— he may at any time resign his office by writing under his hand addressed to the president; and the president, if he, acting in his discretion, concurs with the advice of the prime minister, may permit an attorney-general who has attained the age of 60 years to remain in office for such fixed period as may have been agreed between the attorney-general and the government. nothing done by the attorney-general shall be invalid by reason only that he has attained the age at which he is required by this article to vacate his office. the attorney-general may be removed from office by the president, if he, acting in his discretion, concurs with the advice of the prime minister, but the prime minister shall not tender such advice except for inability of the attorney-general to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and except with the concurrence of a tribunal consisting of the chief justice and 2 other judges of the supreme court nominated for that purpose by the chief justice. the tribunal constituted under this clause shall regulate its own procedure and may make rules for that purpose. it shall be the duty of the attorney-general to advise the government upon such legal matters and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the president or the cabinet and to discharge the functions conferred on him by or under this constitution or any other written law. the attorney-general shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for any offence. in the performance of his duties, the attorney-general shall have the right of audience in, and shall take precedence over any other person appearing before, any court or tribunal in singapore. the attorney-general shall be paid such remuneration and allowances as may from time to time be determined and such remuneration and allowances shall be charged on and paid out of the consolidated fund. subject to this article, the terms of service of the attorney-general shall either— be prescribed in regulations made by the president and published in the gazette; or (in so far as they are not determined by or under any such law) be determined by the president. regulations made under clause (11)(a) may provide that any gratuity payable in respect of service as the attorney-general shall be charged on and paid out of the consolidated fund. the terms of service of the attorney-general shall not be altered to his disadvantage during his continuance in office. for the purposes of clause (12), in so far as the terms of service of the attorney-general depend upon his option, any terms for which he opts shall be taken to be more advantageous to him than any for which he might have opted. 35a. deputy attorneys-general the president may, on the advice of the prime minister, appoint one or more deputy attorneys-general from individuals who are eligible for appointment as the attorney-general. before tendering any advice to the president under clause (1), the prime minister must consult the attorney-general and the chairman of the public service commission. however, the prime minister need not consult any person under clause (2) if he is satisfied that it is impracticable to do so because of the infirmity of body or mind of that person or for any other reason. a deputy attorney-general is, subject to the general direction and control of the attorney-general, to perform such duties of the attorney-general referred to in article 35(7) or (8) as may be assigned by the attorney-general, and shall be responsible to the attorney-general for that due performance. in the performance of his duties, a deputy attorney-general has the right of audience in, and takes precedence over any person (other than the attorney-general) appearing before, any court or tribunal in singapore. a deputy attorney-general holds office — until the end of the specific period he is appointed for (without prejudice to re-appointment); or if no period is so specified, until he attains 60 years of age. the president may, on the advice of the prime minister, permit a deputy attorney-general who has attained the age of 60 years to remain in office for such fixed period as may be agreed between the deputy attorney-general and the government. however, a deputy attorney-general may at any time earlier resign his office by writing under his hand addressed to the president or may be earlier removed under clause (9). a deputy attorney-general may be removed from office by the president on the advice of the prime minister. the prime minister may advise the president for the purposes of clause (9) only on the following grounds, with which a tribunal consisting of the chief justice and 2 other judges of the supreme court nominated for that purpose by the chief justice must concur: the inability of the deputy attorney-general concerned to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause); any misbehaviour of the deputy attorney-general concerned. a deputy attorney-general is to be paid such remuneration and allowances as may from time to time be determined (all of which are charged on and paid out of the consolidated fund), and his terms of service are— to be prescribed in regulations made by the president and published in the gazette; or to be determined by the president in so far as they are not determined by or under any such law. the terms of service of a deputy attorney-general must not be altered to his disadvantage during his continuance in office; and in so far as any of those terms of service depend upon his option, any terms that he opts for shall be taken to be more advantageous to him than any for which he might have opted. the tribunal referred to in clause (10) is to regulate its own procedure and may make rules for that purpose. to avoid doubt, nothing done by a deputy attorney-general shall be invalid by reason only that he has attained the age at which he is required by this article to vacate his office. 36. secretary to cabinet the president, acting in accordance with the advice of the prime minister, may appoint a public officer to be the secretary to the cabinet. the secretary to the cabinet shall be responsible, in accordance with such instructions as may be given to him by the prime minister, for arranging the business for, and keeping the minutes of, the meetings of the cabinet and for conveying the decisions of the cabinet to the appropriate person or authority and shall have such other functions as the prime minister may from time to time direct. chapter 3. capacity as regards property, contracts and suits 37. capacity of government as regards property, contracts and suits the government shall have power to acquire, hold and dispose of property of any kind and to make contracts. the government may sue and be sued. part va. council of presidential advisers 37a. interpretation of this part in this part, unless the context otherwise requires— "chairman" means the chairman of the council; "council" means the council of presidential advisers constituted under article 37b; "member" means a member of the council and includes the chairman and any alternate member appointed under article 37c. 37b. council of presidential advisers the council of presidential advisers is established and consists of 8 members. (2) in order to ensure that appointments to the council are made at regular 2-year intervals, the members of the council are divided into the following divisions: the first division, consisting of the following members whose appointments expire on 1 june 2020 and every sixth year after that: a member appointed by the president acting in his discretion; a member appointed by the president on the advice of the prime minister; a member appointed by the president on the advice of the chief justice; the second division, consisting of the following members whose appointments expire on 1 june 2022 and every sixth year after that: a member appointed by the president acting in his discretion; a member appointed by the president on the advice of the prime minister; a member appointed by the president on the advice of the chairman of the public service commission; the third division, consisting of the following members whose appointments expire on 1 june 2024 and every sixth year after that: a member appointed by the president acting in his discretion; a member appointed by the president on the advice of the prime minister. if the seat of a member falls vacant before the member’s appointment expires under clause (2) — the president may make another appointment to that seat in accordance with the provision of clause (2) under which the vacating member was appointed; and to avoid doubt, an appointment under paragraph (a) expires in accordance with the provision of clause (2) under which the vacating member was appointed. the president, acting in his discretion, is to appoint a member of the council to be the chairman of the council. when the chairman exercises the functions of the office of the president under article 22n or 22o, he— shall not act as the chairman during the period he so exercises the functions of the office of president; and shall not take part in any proceedings of the council during that period. where the chairman is temporarily unable, whether by illness, absence or any other reason (including disqualification under clause (4)), to take part in any proceedings of the council for any period— he shall appoint a member (not being an alternate member) of the council to act as chairman for that period; and the alternate member selected under article 37c (3) to act in place of the member referred to in paragraph (a) shall perform that member's functions during that same period. 37c. alternate members the president may, in accordance with this article, appoint persons to be alternate members to act in place of members (other than the chairman) appointed under article 37b (2) while any such member is temporarily unable, whether by illness, absence or any other reason, to take part in any proceedings of the council, or is appointed under article 37b (5) (a) to act as the chairman. for the purposes of making an appointment under clause (1), the president— shall, acting in his discretion, appoint one person as an alternate member; and shall request that the prime minister, after consulting the chief justice and the chairman of the public service commission, nominate one other person to be an alternate member, and upon such nomination, shall appoint the person so nominated as another alternate member. whenever any member appointed under article 37b (2) (other than the chairman)— is temporarily unable, whether by illness, absence or any other reason, to take part in any proceedings of the council; or is appointed under article 37b (5) (a) to act as the chairman, an alternate member to act in place of that member shall be selected from among the persons appointed under clause (2)— by the president, acting in his discretion, if the member concerned is appointed under article 37b(2)(a)(i), (b)(i) or (c)(i); by the prime minister, if the member concerned is appointed under article 37b(2)(a)(ii), (b)(ii) or (c)(ii); or by the chief justice or chairman of the public service commission, as the case may be, if the member concerned is appointed under article 37b(2)(a)(iii) or (b)(iii), respectively. a person may be appointed to be an alternate member under clause (2) if, and only if, the person is qualified under article 37d and not disqualified under article 37e. every alternate member shall be appointed under clause (2) for a term of 4 years, and shall hold office as such for such a term unless the alternate member earlier— resigns in writing addressed to the chairman; ceases to be a citizen of singapore; or becomes subject to any disqualification referred to in article 37e. the alternate member who is selected under clause (3) to act in place of a member shall act in place of and perform the functions of the member (but not as the chairman) only when the member is temporarily unable, whether by illness, absence or any other reason, to take part in any proceedings of the council, or is appointed under article 37b (5) (a) to act as the chairman, and the alternate member— may act in place of and perform the functions of the member in relation to any matter, even though that member is disqualified in relation to that matter; and while so acting, shall have and may exercise all the powers and duties of that member. the appointment of a person as an alternate member may be terminated at any time by the president— acting in his discretion, if the alternate member is appointed under clause (2) (a); or acting on the advice of the prime minister (which shall be given only after consulting with the chief justice and the chairman of the public service commission), if the alternate member is appointed under clause (2) (b) on the nomination of the prime minister. 37d. qualifications of members and considerations in appointing members no person shall be qualified to be appointed as a member unless he — is a citizen of singapore; is not less than 35 years of age; is a resident of singapore; and is not liable to any of the disqualifications referred to in article 37e. the following matters are to be considered by the president before he acts in his discretion to appoint a person as a member, and also by the prime minister, chief justice and the chairman of the public service commission before advising the president to appoint a person as a member: whether the person is a person of integrity, good character and reputation; whether the person has expertise and experience relevant to the matters on which the council is required, or may be asked, to advise and make recommendations to the president. 37e. disqualifications of members a person shall be disqualified for appointment as a member if he— is or has been found or declared to be of unsound mind; is insolvent or an undischarged bankrupt; or has been convicted of an offence by a court of law in singapore or a foreign country and sentenced to imprisonment for a term of not less than one year or to a fine of not less than $2,000 and has not received a free pardon: provided that where the conviction is by a court in a foreign country, the person shall not be so disqualified unless the offence is also one which, had it been committed in singapore, would have been punishable by a court of law in singapore. 37f. termination of membership the chairman shall vacate the office of chairman of the council when a newly elected president assumes office during the term of appointment of the chairman. a member shall vacate his seat in the council— if he ceases to be a citizen of singapore; if, by writing under his hand addressed to the chairman, he resigns his seat; or if he becomes subject to any of the disqualifications referred to in article 37e. 37g. determination of questions as to membership any question as to the validity of the appointment of a member or whether any person has vacated his seat as a member of the council shall be referred to and determined by a tribunal consisting of a judge of the supreme court appointed by the chief justice and 2 other persons appointed by the council. any tribunal constituted under clause (1) shall— sit in private; afford the person concerned adequate opportunity to call witnesses and be heard; and report its decision to the chairman. the decision of the tribunal shall be final and shall not be questioned in any court. 37h. oaths of allegiance and secrecy before any person who has been appointed chairman or a member enters upon the duties of his office, he shall take and subscribe before a judge of the supreme court the oath of allegiance and the oath of secrecy in the forms set out respectively in paragraphs 2 and 8 in the first schedule. clause (1) shall also apply where an alternate member appointed under article 37c is selected under article 37c (3) to act in place of and perform the functions of a member appointed under article 37b (2), except that an alternate member need not be required, during his term of office as an alternate member, to take such an oath more than once in respect of the occasions when he is so selected to act. 37i. function of council it shall be the function of the council to advise and make recommendations to the president on any matter referred to the council by the president under this constitution 37ia. president's general duty to consult council the president must consult the council before exercising any discretionary power conferred on him by this constitution, except the discretionary powers mentioned in clause (2). the president may (but need not) consult the council before exercising — the president’s discretionary powers under articles 22g, 22i and 151(4); the president’s discretionary powers under this part; or the following discretionary powers: the president’s discretion under article 22j in relation to his personal staff and the use of the civil list; appointing the prime minister in accordance with article 25(1); declaring under article 26(1)(b) that the office of prime minister is vacant; authorising a minister to exercise the prime minister’s functions under article 26(4)(c); dissolving parliament under article 26(1)(b) or 65(2) or (3); granting leave of absence to the chief justice under article 98(10). 37ib. president to immediately refer to council certain cases concerning veto powers without limiting article 37ia, the president must immediately refer to the council for its recommendation — any case where the president’s assent, concurrence or approval is sought and which the president is required to consult the council under article 37ia(1); and any proposed transaction that the president is informed of under article 22b(6), 22d(5) or 148g(1) 37ic. referred cases — time limit for council to make recommendation subject to clauses (2) and (3), the council must give its recommendation in a case referred to it under article 37ib — if the president is required by article 21a(2)(a) to signify his decision in the case within 30 days, within 15 days after the case is referred to the council; and if the president is required by article 21a(2)(b) to signify his decision in the case within 6 weeks, within 3 weeks after the case is referred to the council. if the prime minister issues a certificate of urgency to the president under article 21a(3)(a) for any case referred to the council under article 37ib — the president must immediately inform the council of the certificate; and the council must give its recommendation to the president by whichever of the following time limits ends earlier: the time limit in clause (1), including any extension under clause (3); at least 5 days before the date on which the president is required by the certificate to signify his decision. the president may, acting in his discretion, extend the time limit in clause (1) for any case referred to the council under article 37ib, but any extension does not have effect, or if granted ceases to have effect, to the extent that it allows the council to give its recommendation less than 5 days before the date on which the president is required to signify his decision under article 21a. if in any case the council fails to give its recommendation within the time limit in this article, the council is deemed to have recommended that the president — give the assent, concurrence or approval that was sought; or not disapprove the proposed transaction under article 22b(7), 22d(6) or 148g(2), as the case may be. 37id. referred cases — matters to be stated in council’s recommendation, etc in a case referred to the council under article 37ib, the council’s recommendation to the president must state — whether the council’s recommendation is unanimous and if not, the number of votes for and against the recommendation; and the grounds for the council’s recommendation. 37ie. referred cases — prime minister to receive president’s grounds and council’s recommendation if president exercises veto, etc this article applies if, in a case referred to the council under article 37ib, the president acts in his discretion to — refuse to give the assent, concurrence or approval that was sought; or disapprove a proposed transaction under article 22b(7), 22d(6) or 148g(2). if this article applies — the president must certify the grounds for his decision to the prime minister and send the council’s recommendation to the prime minister; in a case where the president withholds his assent to a supply bill, supplementary supply bill or final supply bill — the president must publish in the gazette the grounds certified under paragraph (a); and the president must send the recommendation of the council in relation to the bill to the speaker, who must present the recommendation to parliament; and in a case where the president disapproves the budget, supplementary budget or revised budget of, or a proposed transaction by, an entity specified in the fifth schedule, the president must send the grounds certified under paragraph (a) and the recommendation of the council to — in the case of a statutory board, the chairman of the statutory board; and in the case of a government company, the chairman of the board of directors of the company. 37if. referred cases — parliament may overrule presidential veto exercised contrary to council’s recommendation parliament may, by resolution, overrule the president, if — in a case referred to the council under article 37ib, the president acts in his discretion to — refuse to give the assent, concurrence or approval that was sought; or disapprove a proposed transaction under article 22b(7), 22d(6) or 148g(2); and the president’s decision was made contrary to the council’s recommendation. a resolution under clause (1) — may only be passed on a motion for which notice has been given by a minister; except where the resolution seeks to overrule the president’s withholding of assent to a supply bill, supplementary supply bill or final supply bill, may only be moved after the government — causes the president’s grounds for the decision sought to be overruled, as certified under article 37ie(2)(a), to be published in the gazette; and sends the recommendation of the council in relation to that decision to the speaker, who must present the recommendation to parliament; and must be passed by no less than two-thirds of the total number of members of parliament (excluding nominated members). despite clause (1) — a refusal by the president to approve a budget, revised budget or supplementary budget of an entity specified in the fifth schedule; and a decision by the president to disapprove under article 22b(7) or 22d(6) a proposed transaction by an entity specified in the fifth schedule, cannot be overruled unless the chairman of the entity or the chairman of the board of directors of the entity (as the case may be) has made a request to the cabinet for a resolution under clause (1) to be moved with respect to the refusal or the decision. if parliament overrules the president under clause (1), the president is deemed — to have, on the date the overruling resolution was passed, given the assent, concurrence or approval that was sought; or never to have disapproved of the proposed transaction under article 22b(7), 22d(6) or 148g(2), as the case may be. this article does not apply to the president’s discretionary powers under articles 5a, 5b, 5c* and 22h. *articles 5a, 5b and 5c are not in operation. 37ig. quorom and voting the council must not transact any business unless a quorum of 5 members, including the chairman or the member appointed under article 37b(5)(a) to act as the chairman, is present. any recommendation or decision of the council must be made by a majority of members present and voting. if on any question before the council the members are equally divided, the chairman has a casting vote in addition to his original vote. 37j. proceedings of council the proceedings of the council shall be conducted in private and the council may require any public officer or any officer of any statutory board or government company to appear before the council and to give such information in relation to any matter referred to the council by the president and such officer shall not disclose or divulge to any person any matter which has arisen at any meeting of the council unless he is expressly authorised to do so by the president. deleted by act 28 of 2016 wef 01/04/2017. deleted by act 28 of 2016 wef 01/04/2017. deleted by act 28 of 2016 wef 01/04/2017. subject to the provisions of this constitution, the council may make rules with respect to the regulation and conduct of its proceedings and the despatch of its business. repealed by act 28 of 2016 wef 01/04/2017. 37l. fees there shall be paid to the chairman and the other members of the council such fees as may be determined by the president. the fees payable under clause (1) shall be charged on and paid out of the consolidated fund and shall not be diminished during the continuance in office of the chairman and the members of the council. 37m. appointment of staff the council shall have power to appoint a secretary to the council and such other officers as may be required to enable the council to carry out its functions. part vi. the legislature 38. legislature of singapore the legislative power of singapore shall be vested in the legislature which shall consist of the president and parliament. 39. parliament parliament shall consist of— such number of elected members as is required to be returned at a general election by the constituencies prescribed by or under any law made by the legislature; such other members, not exceeding 12 in number, who shall be known as non-constituency members, as the legislature may provide in any law relating to parliamentary elections to ensure the representation in parliament of a minimum number of members from a political party or parties not forming the government; and such other members not exceeding 9 in number, who shall be known as nominated members, as may be appointed by the president in accordance with the provisions of the fourth schedule. a nominated member shall not vote in parliament on any motion pertaining to— a bill to amend the constitution; a supply bill, supplementary supply bill or final supply bill; a money bill as defined in article 68; a vote of no confidence in the government; removing the president from office under article 22l; and any question on which nominated members are excluded by this constitution from the number of members required for an affirmative decision. in this article and in articles 39a and 47, a constituency shall be construed as an electoral division for the purposes of parliamentary elections. if any person who is not a member of parliament is elected as speaker or deputy speaker, he shall, by virtue of holding the office of speaker or deputy speaker, be a member of parliament in addition to the members aforesaid, except for the purposes of chapter 2 of part v and of article 46. 39a. group representation constituencies the legislature may, in order to ensure the representation in parliament of members from the malay, indian and other minority communities, by law make provision for— any constituency to be declared by the president, having regard to the number of electors in that constituency, as a group representation constituency to enable any election in that constituency to be held on a basis of a group of not less than 3 but not more than 6 candidates; and the qualifications, in addition to those in article 44, of persons who may be eligible for any election in group representation constituencies, including the requirements referred to in clause(2). any law made under clause (1) shall provide for— the president to designate every group representation constituency— as a constituency where at least one of the candidates in every group shall be a person belonging to the malay community; or as a constituency where at least one of the candidates in every group shall be a person belonging to the indian or other minority communities; the establishment of— a committee to determine whether a person desiring to be a candidate belongs to the malay community; and a committee to determine whether a person desiring to be a candidate belongs to the indian or other minority communities, for the purpose of any election in group representation constituencies; all the candidates in every group to be either members of the same political party standing for election for that political party or independent candidates standing as a group; the minimum and maximum number of members to be returned by all group representation constituencies at a general election; and the number of group representation constituencies to be designated under paragraph (a) (i). no provision of any law made pursuant to this article shall be invalid on the ground of inconsistency with article 12 or be considered to be a differentiating measure under article 78. in this article— "election" means an election for the purpose of electing a member of parliament; "group" means a group of not less than 3 but not more than 6 candidates nominated for any election in any group representation constituency; "person belonging to the malay community" means any person, whether of the malay race or otherwise, who considers himself to be a member of the malay community and who is generally accepted as a member of the malay community by that community; "person belonging to the indian or other minority communities" means any person of indian origin who considers himself to be a member of the indian community and who is generally accepted as a member of the indian community by that community, or any person who belongs to any minority community other than the malay or indian community. 40. speaker when parliament first meets after any general election and before it proceeds to the despatch of any other business, it shall elect a person to be speaker, and, whenever the office of speaker is vacant otherwise than by reason of a dissolution of parliament, shall not transact any business other than the election of a person to fill that office. the speaker may be elected, in such manner as parliament may from time to time decide, either from among the members of parliament who are neither ministers nor parliamentary secretaries or from among persons who are not members of parliament: provided that a person who is not a member of parliament shall not be elected as speaker if, under any of the provisions of this constitution, he is not qualified for election as a member of parliament. upon the speaker being elected and before he enters upon the duties of his office, he shall (unless he has already done so in accordance with article 61) take and subscribe before parliament the oath of allegiance in the form set out in the first schedule. the speaker may at any time resign his office by writing under his hand addressed to the clerk of parliament, and shall vacate his office— when parliament first meets after a general election; in the case of a speaker elected from among the members of parliament, if he ceases to be a member of parliament otherwise than by reason of a dissolution thereof or if he is appointed to be a minister or a parliamentary secretary; or in the case of a speaker elected from among persons who are not members of parliament, if any circumstance arises that, if he had been elected to a seat in parliament, would cause him to vacate his seat by virtue of article 46 (2) (a) or (e). 41. remuneration of speaker the speaker shall be paid such salary as parliament may from time to time determine, and that salary, which is hereby charged on the consolidated fund, shall not be diminished during his continuance in office. 42. deputy speaker parliament shall from time to time elect 2 deputy speakers; and whenever the office of a deputy speaker is vacant otherwise than by reason of a dissolution of parliament, parliament shall, as soon as convenient, elect a person to that office. a deputy speaker may be elected, in such manner as parliament may from time to time decide, either from among the members of parliament who are neither ministers nor parliamentary secretaries or from among persons who are not members of parliament: provided that a person who is not a member of parliament shall not be elected as deputy speaker if, under any of the provisions of this constitution, he is not qualified for election as a member of parliament. upon a deputy speaker being elected and before he enters upon the duties of his office, he shall (unless he has already done so in accordance with article 61) take and subscribe before parliament the oath of allegiance in the form set out in the first schedule. a deputy speaker may at any time resign his office, by writing under his hand addressed to the clerk of parliament, and shall vacate his office— when parliament first meets after a general election; in the case of a deputy speaker elected from among the members of parliament, if he ceases to be a member of parliament otherwise than by reason of a dissolution thereof or if he is appointed to be a minister or a parliamentary secretary; or in the case of a deputy speaker elected from among persons who are not members of parliament, if any circumstance arises that, if he had been elected to a seat in parliament, would cause him to vacate his seat by virtue of article 46 (2) (a) or (e). a deputy speaker shall be paid such salary or allowance as parliament may from time to time determine, and that salary or allowance, which is hereby charged on the consolidated fund, shall not be diminished during his continuance in office. 43. performance of functions of speaker the functions conferred by this constitution upon the speaker shall, if there is no person holding the office of speaker or if the speaker is absent from a sitting of parliament or is otherwise unable to perform those functions, be performed by a deputy speaker, or if there be no deputy speaker or if he is likewise absent or unable to perform those functions, by some other person to be elected by parliament for the purpose. 44. qualifications for membership of parliament members of parliament shall be persons qualified for election or for appointment in accordance with the provisions of this constitution and elected in the manner provided by or under any law for the time being in force in singapore or appointed in accordance with the provisions of the fourth schedule. a person shall be qualified to be elected or appointed as a member of parliament if— he is a citizen of singapore; he is of the age of 21 years or above on the day of nomination; his name appears in a current register of electors; he is resident in singapore at the date of his nomination for election and has been so resident for periods amounting in the aggregate to not less than 10 years prior to that date; he is able, with a degree of proficiency sufficient to enable him to take an active part in the proceedings of parliament, to speak and, unless incapacitated by blindness or other physical cause, to read and write at least one of the following languages, that is to say, english, malay, mandarin and tamil; and he is not disqualified from being a member of parliament under article 45. any question whether any person possesses the qualifications mentioned in clause (2) (e) shall be determined in such manner as may be prescribed by or under any law for the time being in force in singapore or, in so far as not so prescribed, as may be provided by order made by the president and published in the gazette. 45. disqualifications for membership of parliament subject to this article, a person shall not be qualified to be a member of parliament who— is and has been found or declared to be of unsound mind; is an undischarged bankrupt; holds an office of profit; having been nominated for election to parliament or the office of president or having acted as election agent to a person so nominated, has failed to lodge any return of election expenses required by law within the time and in the manner so required; has been convicted of an offence by a court of law in singapore or malaysia and sentenced to imprisonment for a term of not less than one year or to a fine of not less than $2,000 and has not received a free pardon: provided that where the conviction is by a court of law in malaysia, the person shall not be so disqualified unless the offence is also one which, had it been committed in singapore, would have been punishable by a court of law in singapore; has voluntarily acquired the citizenship of, or exercised rights of citizenship in, a foreign country or has made a declaration of allegiance to a foreign country; or is disqualified under any law relating to offences in connection with elections to parliament or the office of president by reason of having been convicted of such an offence or having in proceedings relating to such an election been proved guilty of an act constituting such an offence. the disqualification of a person under clause (1) (d) or (e) may be removed by the president and shall, if not so removed, cease at the end of 5 years beginning from the date on which the return mentioned in clause (1) (d) was required to be lodged or, as the case may be, the date on which the person convicted as mentioned in clause (1) (e) was released from custody or the date on which the fine mentioned in clause (1) (e) was imposed on such person; and a person shall not be disqualified under clause (1) (f) by reason only of anything done by him before he became a citizen of singapore. in clause (1) (f), "foreign country" does not include any part of the commonwealth or the republic of ireland. 46. tenure of office of members every member of parliament shall cease to be a member at the next dissolution of parliament after he has been elected or appointed, or previously thereto if his seat becomes vacant, under the provisions of this constitution. the seat of a member of parliament shall become vacant— if he ceases to be a citizen of singapore; if he ceases to be a member of, or is expelled or resigns from, the political party for which he stood in the election; if, by writing under his hand addressed to the speaker, he resigns his seat in parliament; if during 2 consecutive months in each of which sittings of parliament (or any committee of parliament to which he has been appointed) are held, he is absent from all such sittings without having obtained from the speaker before the termination of any such sitting permission to be or to remain absent therefrom; if he becomes subject to any of the disqualifications specified in article 45; if he is expelled from parliament in the exercise of its power of expulsion; or if being a nominated member, his term of service as such a member expires. a non-constituency member of parliament shall vacate his seat as such a member if he is subsequently elected as a member of parliament for any constituency. a nominated member of parliament shall vacate his seat as such a member— if he stands as a candidate for any political party in an election; or if, not being a candidate referred to in paragraph (a), he is elected as a member of parliament for any constituency. any person whose seat in parliament has become vacant may, if qualified, again be elected or appointed as a member of parliament from time to time. if any member of parliament becomes subject to any disqualification specified in article 45(1) (a), (b), (e) or (g) because he is— adjudged or otherwise declared a bankrupt; adjudged or otherwise declared to be of unsound mind; convicted of an offence by a court of law in singapore or malaysia and sentenced to imprisonment for a term of not less than one year or to a fine of not less than $2,000; or convicted or is proven guilty of an act constituting any offence in connection with elections to parliament, and it is open to the member to appeal against the decision (either with the leave of the court or other authority or without such leave), the member shall immediately cease to be entitled to sit or vote in parliament or any committee thereof but, subject to clauses (6) and (7), he shall not vacate his seat until the end of a period of 180 days beginning with the date of the adjudication, declaration or conviction, as the case may be. a member of parliament shall vacate his seat if, at the end of the period of 180 days referred to in clause (4), he continues to be subject to any disqualification specified in article 45(1) (a), (b), (e) or (g). notwithstanding clause (5), where on the determination of any such appeal the member of parliament continues to be subject to any disqualification specified in article 45 (1) (a) or (b) and— no further appeal is open to him; or by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason it ceases to be open for the member to appeal, the member shall then immediately vacate his seat even if the period of 180 days has not lapsed. where, at any time before the end of the period of 180 days referred to in clause (4), the member of parliament ceases to be subject to any disqualification specified in article 45 (1) (a), (b), (e) or (g) by reason of any pardon, any final determination of an appeal or otherwise, he shall be entitled to resume sitting or voting in parliament or any committee thereof on the day immediately after he ceases to be so disqualified. for the avoidance of doubt, clauses (4) to (7)— shall not apply for the purpose of any nomination, election or appointment to be a member of parliament, and any disqualifying event referred to in article 45 shall take effect immediately on the occurrence of the event for the purposes of such nomination, election or appointment; and shall not operate to extend the term of service of a nominated member beyond the period prescribed in the fourth schedule. 47. provision against double membership a person shall not be at the same time a member of parliament for more than one constituency. 48. decision on questions as to disqualification any question whether— any member of parliament has vacated his seat therein; or in the case of any person who has been elected as speaker or deputy speaker from among persons who are not members of parliament, any circumstance has arisen that, if he had been elected to a seat in parliament, would cause him to vacate his seat by virtue of article 46 (2) (a) or (e), shall be determined by parliament whose decision shall be final: provided that this article shall not be taken to prevent the practice of parliament postponing a decision in order to allow for the taking or determination of any proceedings that may affect the decision (including proceedings for the removal of the disqualification). 49. filling of vacancies whenever the seat of a member, not being a non-constituency member, has become vacant for any reason other than a dissolution of parliament, the vacancy shall be filled by election in the manner provided by or under any law relating to parliamentary elections for the time being in force. the legislature may by law provide for— the vacating of a seat of a non-constituency member in circumstances other than those specified in article 46; the filling of vacancies of the seats of non-constituency members where such vacancies are caused otherwise than by a dissolution of parliament. 50. penalty for unqualified persons sitting or voting in parliament any person who sits or votes in parliament, knowing or having reasonable ground for knowing that he is not entitled to do so, shall be liable to a penalty not exceeding $200 for each day on which he so sits or votes. the said penalty shall be recoverable by action in the high court at the suit of the attorney-general. 51. staff of parliament the staff of parliament shall consist of a clerk of parliament and such other officers as may from time to time be appointed under part ix to assist him. the clerk of parliament shall be appointed by the president after consultation with the speaker and the public service commission. the clerk of parliament may at any time resign his office by writing under his hand addressed to the speaker and, subject to clause (4), may be removed from office by the president after consultation with the speaker. the clerk of parliament shall not be removed from office under clause (3) unless parliament, by a resolution which has received the affirmative votes of not less than two-thirds of all the members thereof, has resolved that he ought to be so removed for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour. the staff of parliament shall not be eligible for promotion or transfer to any other office in the public service without the consent of the speaker. subject to article 159, the terms of service of the staff of parliament may be determined by parliament after receiving the advice of a commission consisting of the following persons, that is to say: the speaker, as chairman; not more than 3 ministers nominated by the prime minister, of whom one shall be the minister responsible for finance; and a member of the public service commission. 52. standing orders subject to the provisions of this constitution, parliament may, from time to time, make, amend and revoke standing orders for the regulation and orderly conduct of its own proceedings and the despatch of business. 53. use of languages in parliament until the legislature otherwise provides, all debates and discussions in parliament shall be conducted in malay, english, mandarin or tamil. 54. presiding in parliament the speaker shall preside at each sitting of parliament. 55. validity of proceedings of parliament parliament shall not be disqualified for the transaction of business by reason of any vacancy among the members thereof, including any vacancy not filled when parliament is first constituted or is reconstituted at any time; and any proceedings therein shall be valid notwithstanding that some person who was not entitled to do so sat or voted in parliament or otherwise took part in the proceedings. 56. quorum if objection is taken by any member present that there are present (besides the speaker or other member presiding) fewer than one-quarter of the total number of members and, after such interval as may be prescribed in the standing orders of parliament, the speaker or other member presiding ascertains that the number of members present is still less than one-quarter of the total number of members, he shall thereupon adjourn parliament. 57. voting subject to this constitution, all questions proposed for decision in parliament shall be determined by a majority of the votes of the members present and voting; and if, upon any question before parliament, the votes of the members are equally divided, the motion shall be lost. if the speaker has been elected from among persons who are not members of parliament, he shall not vote, but subject to this provision, the speaker or other person presiding shall have an original vote but no casting vote. 58. exercise of legislative power subject to the provisions of part vii, the power of the legislature to make laws shall be exercised by bills passed by parliament and assented to by the president. a bill shall become law on being assented to by the president and such law shall come into operation on the date of its publication in the gazette or, if it is enacted either in such law or in any other law for the time being in force in singapore that it shall come into operation on some other date, on that date. 59. introduction of bills subject to the provisions of this constitution and of standing orders of parliament, any member may introduce any bill or propose any motion for debate in, or may present any petition to, parliament, and the same shall be debated and disposed of according to the standing orders of parliament. a bill or an amendment making provision (directly or indirectly) for— imposing or increasing any tax or abolishing, reducing or remitting any existing tax; the borrowing of money, or the giving of any guarantee, by the government, or the amendment of the law relating to the financial obligations of the government; the custody of the consolidated fund, the charging of any money on the consolidated fund or the abolition or alteration of any such charge; the payment of moneys into the consolidated fund or the payment, issue or withdrawal from the consolidated fund of any moneys not charged thereon, or any increase in the amount of such a payment, issue or withdrawal; or the receipt of any moneys on account of the consolidated fund or the custody or issue of such moneys, being provision as respects which the minister responsible for finance signifies that it goes beyond what is incidental only and not of a substantial nature having regard to the purposes of the bill or amendment, shall not be introduced or moved except on the recommendation of the president signified by a minister. a bill or an amendment shall not be deemed to make provision for any of the said matters by reason only that it provides for the imposition or alteration of any fine or other pecuniary penalty or for the payment or demand of a licence fee or a fee or charge for any service rendered. 60. words of enactment of laws in every bill presented for assent, the words of enactment shall be as follows: "be it enacted by the president with the advice and consent of the parliament of singapore, as follows:". 61. oath of allegiance no member of parliament shall be permitted to take part in the proceedings thereof (other than proceedings necessary for the purpose of this article) until he has taken and subscribed before parliament the oath of allegiance in the form set out in the first schedule: provided that the election of a speaker may take place before the members of parliament have taken and subscribed such oath. 62. address by president the president may address parliament and may send messages thereto. 63. privileges of parliament it shall be lawful for the legislature by law to determine and regulate the privileges, immunities or powers of parliament. 64. sessions of parliament there shall be a session of parliament once at least in every year and a period of 6 months shall not intervene between the last sitting of parliament in any one session and the first sitting thereof in the next session. the sessions of parliament shall be held in such places and shall commence at such times as the president may, from time to time, by proclamation in the gazette, appoint. 65. prorogation and dissolution of parliament the president may, at any time, by proclamation in the gazette, prorogue parliament. if, at any time, the office of prime minister is vacant, the president shall, by proclamation in the gazette, dissolve parliament as soon as he is satisfied, acting in his discretion, that a reasonable period has elapsed since that office was last vacated and that there is no member of parliament likely to command the confidence of a majority of the members thereof. the president may, at any time, by proclamation in the gazette, dissolve parliament if he is advised by the prime minister to do so, but he shall not be obliged to act in this respect in accordance with the advice of the prime minister unless he is satisfied that, in tendering that advice, the prime minister commands the confidence of a majority of the members of parliament. the president shall not dissolve parliament after a notice of motion proposing an inquiry into the conduct of the president has been given under article 22l (3) unless— a resolution is not passed pursuant to the notice of such motion under article 22l (4); where a resolution has been passed pursuant to the notice of such motion under article 22l (4), the tribunal appointed under article 22l (5) determines and reports that the president has not become permanently incapable of discharging the functions of his office or that the president has not been guilty of any of the other allegations contained in such motion; the consequent resolution for the removal of the president is not passed under article 22l (7); or parliament by resolution requests the president to dissolve parliament. parliament, unless sooner dissolved, shall continue for 5 years from the date of its first sitting and shall then stand dissolved. 66. general elections there shall be a general election at such time, within 3 months after every dissolution of parliament, as the president shall, by proclamation in the gazette, appoint. 67. remuneration of members the legislature may by law make provision for the remuneration of members of parliament. part vii. the presidential council for minority rights 68. interpretation of this part in this part, unless the context otherwise requires— "adverse report" means a report of the council stating that, in the opinion of the council, some specified provision of a bill or of a subsidiary legislation would be a differentiating measure; "chairman" means the chairman of the council; "council" means the presidential council for minority rights established under article 69; "differentiating measure" means any measure which is, or is likely in its practical application to be, disadvantageous to persons of any racial or religious community and not equally disadvantageous to persons of other such communities, either directly by prejudicing persons of that community or indirectly by giving advantage to persons of another community; "member" means a member of the council and includes the chairman; "money bill" means a bill which contains only provisions dealing with all or any of the following matters: the imposition, repeal, remission, alteration or regulation of taxation; the imposition, for the payment of debt or other financial purposes, of charges on the consolidated fund or any other public funds, or the variation or repeal of any such charges; the grant of money to the government or to any authority or person, or the variation or revocation of any such grant; the appropriation, receipt, custody, investment, issue or audit of accounts of public money; the raising or guarantee of any loan or the repayment thereof, or the establishment, alteration, administration or abolition of any sinking fund provided in connection with any such loan; subordinate matters which are ancillary or incidental to any of the foregoing matters; "sitting day" means any date on which parliament meets. 69. establishment of presidential council for minority rights there shall be a presidential council for minority rights which shall consist of— a chairman appointed for a period of 3 years; and not more than 20 members. deleted by act 39 of 2014 wef 01/01/2015. up to 10 members may be permanent members appointed for life. unless appointed for life, a member shall be appointed for a period of 3 years. the chairman and the members shall be appointed by the president if he, acting in his discretion, concurs with the advice of the cabinet. the chairman and the members appointed under clause (1b) shall be eligible for reappointment. 70. temporary appointment during incapacity of member whenever a member informs the chairman that he is or will be incapable, for a period of 3 months or more, of taking part in the proceedings of the council by reason of illness, absence or other cause, the chairman shall convey the information to the president who may, if he, acting in his discretion, concurs with the advice of the cabinet, appoint a person to serve as a member for that period. 71. qualifications of members no person shall be qualified to be appointed as a member unless he— is a citizen of singapore; is not less than 35 years of age; is resident in singapore; and is not liable to any of the disqualifications provided in article 72. 72. disqualifications of members a person shall be disqualified for appointment as a member who— is or has been found or declared to be of unsound mind; is insolvent or an undischarged bankrupt; has been convicted of an offence by a court of law in singapore or malaysia and sentenced to imprisonment for a term of not less than one year or to a fine of not less than $2,000 and has not received a free pardon: provided that where the conviction is by a court of law in malaysia, the person shall not be so disqualified unless the offence is also one which, had it been committed in singapore, would have been punishable by a court of law in singapore; or has voluntarily acquired the citizenship of, or exercised the rights of citizenship in, a foreign country or has made a declaration of allegiance to a foreign country. 73. termination of membership a member shall vacate his seat in the council— if he ceases to be a citizen of singapore; if by writing under his hand addressed to the chairman he resigns his seat; or if he becomes subject to any of the disqualifications provided in article 72. 74. determination of questions as to membership any question whether any person has become a member or has vacated his seat as such member shall be referred to and determined by a tribunal consisting of a judge of the supreme court appointed by the chief justice and 2 members appointed by the council. any tribunal constituted under clause (1) shall— sit in private; afford the person concerned adequate opportunity to call witnesses and be heard; and report its decision to the chairman. the decision of the tribunal shall be final and shall not be open to question in any court. 75. oaths of allegiance and secrecy before any person who has been appointed chairman or a member enters upon the duties of his office, he shall take and subscribe before a judge of the supreme court the oath of allegiance and the oath of secrecy in the forms set out respectively in paragraphs 2 and 7 in the first schedule. 76. general function of council it shall be the general function of the council to consider and report on such matters affecting persons of any racial or religious community in singapore as may be referred to the council by parliament or the government. a reference to the council by parliament may be made by the speaker, and a reference to the council by the government may be made by a minister. 77. functions of council in respect of bills and subsidiary legislation it shall be the particular function of the council to draw attention to any bill or to any subsidiary legislation if that bill or subsidiary legislation is, in the opinion of the council, a differentiating measure. 78. copies of bills and amendments thereto to be sent to council immediately after any bill to which this article applies has been given a final reading and passed by parliament and before it is presented to the president for assent, the speaker shall cause an authenticated copy of the bill to be sent to the council. the council shall consider the bill and shall, within 30 days of the date on which the bill was sent to the council, make a report to the speaker stating whether or not in the opinion of the council any and, if so, which provision of the bill would, if enacted, be a differentiating measure. whenever after the receipt of an adverse report from the council, the bill to which it relates is amended by parliament, the speaker shall cause the bill in its amended form to be sent again to the council. on the application of the chairman, the speaker may extend, as he thinks fit, the period of 30 days prescribed by clause (2), where he considers it proper to do so on account of the length or complexity of any bill or the number of matters for the time being under consideration by the council or for any sufficient reason. the speaker shall cause every report received by him from the council in pursuance of clause (2) to be presented to parliament without undue delay. where the speaker receives no such report on the bill within the time provided in clause (2), or any extension thereof granted under clause (4), it shall be conclusively presumed that the council is of the opinion that no provision of the bill would, if enacted, be a differentiating measure. no bill to which this article applies shall be presented to the president for assent unless it is accompanied by a certificate under the hand of the speaker stating that— in the opinion of the council no provision of the bill would, if enacted, be a differentiating measure; no report having been received from the council within the time prescribed or any extension thereof, the council is presumed to be of the opinion that no provision of the bill would, if enacted, be a differentiating measure; or notwithstanding the opinion of the council that some specified provision of the bill would, if enacted, be a differentiating measure, a motion for the presentation of the bill to the president for assent has been passed by not less than two-thirds of the total number of members of parliament (excluding nominated members). this article shall not apply to— a money bill; a bill certified by the prime minister as being one which affects the defence or the security of singapore or which relates to public safety, peace or good order in singapore; or a bill certified by the prime minister to be so urgent that it is not in the public interest to delay its enactment. a bill shall be deemed to be a money bill if the speaker certifies in writing that, in his opinion, it is a bill to which the definition of "money bill" contained in article 68 applies. no money bill shall be presented to the president for assent, unless it is accompanied by the speaker's certificate which shall be conclusive for all purposes and shall not be open to question in any court. 79. functions of council in regard to bills enacted on a certificate of urgency where the president assents to a bill which has been certified as urgent by the prime minister under article 78 (7), it shall nevertheless be the duty of the speaker to cause an authenticated copy of the act to be sent as soon as may be to the council. the council shall thereupon consider the act and shall, within 30 days of the date on which the act was sent to the council, make a report to the speaker stating whether or not in the opinion of the council any and, if so, which provision of the act is a differentiating measure. the speaker shall cause any such report to be presented to parliament as soon as possible. 80. functions of council in regard to subsidiary legislation an authenticated copy of every piece of subsidiary legislation shall be sent to the council by the appropriate minister within 14 days of the publication of such subsidiary legislation. the council shall thereupon consider such subsidiary legislation and shall, within 30 days of the date on which the subsidiary legislation was sent to the council, make a report to the speaker and to the appropriate minister, stating whether or not in the opinion of the council any and, if so, which provision of the subsidiary legislation is a differentiating measure. the speaker shall cause every report of the council on every piece of subsidiary legislation to be presented to parliament on the next sitting day after receiving the council's report. where an adverse report in respect of any provision of any subsidiary legislation is presented to parliament in pursuance of clause (3), then, within 6 months after the presentation of that report, unless either— the provision has been revoked or amended by the appropriate minister; or parliament has passed a resolution confirming that provision, the appropriate minister shall revoke such provision and cause a notice of revocation to be published in the gazette. if no report on any subsidiary legislation is received from the council within the time provided in clause (2), it shall be conclusively presumed that the council is of the opinion that no provision in such subsidiary legislation is a differentiating measure. 81. functions of council in regard to certain written law the council may examine any written law in force on 9th january 1970 and may make a report in regard to any provision in such written law which, in the opinion of the council, is a differentiating measure. the council shall send such report to the speaker and the speaker shall cause such report to be presented to parliament as soon as possible. in the case of a report on any subsidiary legislation, the council shall also cause a copy of the report to be sent to the appropriate minister. 82. duties of chairman the council shall meet on the summons of the chairman. the chairman, if present, shall preside at all meetings of the council. whenever the office of chairman is vacant or the chairman for any reason is unable to attend, some other member shall be elected by the council to act as chairman. 83. quorum and voting the council shall not transact any business unless a quorum of 8 members, including the chairman or member presiding, is present. any decision of the council shall be made by a majority of the votes of the members present and voting. the chairman or member presiding shall have an original vote but not a casting vote. if upon any question before the council the votes of the members are equally divided, the motion shall be deemed to be lost. 84. proceedings of council to be in private the proceedings of the council shall be conducted in private and the council shall not be entitled to hear objectors or examine witnesses in regard to any bill or law which is being considered by the council in pursuance of the provisions of this part. 85. council's report in reporting the opinion of the council under the provisions of this part, the council shall state— either that the report is unanimous or the number of votes for and against it; and in the case of an adverse report, the grounds on which the council has reached its conclusion. 86. validity of proceedings notwithstanding vacancy in membership subject to article 83 (1), the council shall not be disqualified for the transaction of business by reason of any vacancy among the members thereof; and any proceedings therein shall be valid notwithstanding that some person who was not entitled to do so took part in those proceedings. 87. attendance of minister, etc any minister, minister of state or parliamentary secretary specially authorised by the prime minister for this purpose shall be entitled to attend and take part in the proceedings of the council as if he were a member but shall not have the right to vote in the council. 88. power of council to make rules regulating procedure subject to the provisions of this constitution, the council may make rules with respect to the regulation and conduct of its proceedings and the despatch of its business but no such rules shall have effect until they have been approved by the president. 89. annual report once in every year it shall be the duty of the council to compile and present to the president a report on the work of the council during the preceding 12 months. the president shall cause such report to be presented to parliament as soon as possible. 90. salaries and fees there shall be paid to the chairman and the other members such salaries and fees as may be determined by the president. the salaries and fees payable under clause (1) shall be defrayed out of moneys provided by parliament. 91. appointment of staff the council shall have power to appoint a secretary to the council and such other officers as may be required to enable the council to carry out its functions under this part. 92. power to make rules generally the president may make rules for the conduct of business between the council and parliament and between the council and any authority empowered to make subsidiary legislation, and generally for carrying out the purposes of this part. part viii. the judiciary 93. judicial power of singapore the judicial power of singapore shall be vested in a supreme court and in such subordinate courts as may be provided by any written law for the time being in force. 93a. jurisdiction to determine questions as to validity of presidential election all proceedings relating to the election of the president shall be heard and determined by the chief justice or by a judge of the supreme court nominated by the chief justice for the purpose (referred to in this constitution as the election judge). the election judge shall have the power to hear and determine and make such orders as provided by law on proceedings relating to the election of the president, and the decision of the election judge in any such proceedings shall be final. the procedure and practice in proceedings relating to the election of the president shall be regulated by rules which may be made by the rules committee constituted and appointed under section 80 of the supreme court of judicature act (cap. 322). 94. constitution of supreme court the supreme court shall consist of the court of appeal and the high court with such jurisdiction and powers as are conferred on those courts by this constitution or any written law. the court of appeal shall consist of the chief justice and the judges of appeal. the high court shall consist of the chief justice and the judges of the high court. a judge of appeal may sit in the high court on such occasion as the chief justice requires. a judge of the high court may sit in the court of appeal on such occasion as the chief justice requires. a person appointed under article 95(4) to exercise the powers and perform the functions of a judge of the high court may, in accordance with the terms of his appointment and subject to article 95(7), (8), (9) and (10), as the case may be — sit in the high court; and sit in the court of appeal on such occasion as the chief justice requires. 95. appointment of judges of supreme court, etc the chief justice, the judges of appeal and the judges of the high court shall be appointed by the president if he, acting in his discretion, concurs with the advice of the prime minister. the president may, if he, acting in his discretion, concurs with the advice of the prime minister, appoint a person who is 65 years of age or older and who is either qualified for appointment as a judge of the supreme court or has ceased to be a judge of the supreme court, to be the chief justice, a judge of appeal or a judge of the high court for a specified period. the office of a judge of the supreme court shall not be abolished during his continuance in office. in order to facilitate the disposal of business in the supreme court, the president may, if he, acting in his discretion, concurs with the advice of the prime minister — appoint a person who is qualified for appointment as a judge of the supreme court to be a judicial commissioner of the supreme court; appoint a person who has ceased to be a judge of the supreme court to be a senior judge of the supreme court; or appoint a person who, in the opinion of the chief justice, is a person with the necessary qualifications, experience and professional standing to be an international judge of the supreme court. for the purposes of clause (4), a judicial commissioner, a senior judge or an international judge of the supreme court may — be appointed to hear and determine a specific case only (subject to clause (10) for an international judge); or be appointed for a specified period. before tendering his advice as to an appointment under clause (1), (2) or (4), other than the appointment of the chief justice, the prime minister must consult the chief justice. a judicial commissioner of the supreme court appointed for a specified period may exercise the powers and perform the functions of a judge of the high court in any case or in respect of such classes of cases as the chief justice may specify. a senior judge and an international judge of the supreme court appointed for a specified period may exercise the powers and perform the functions of a judge of the high court in such cases or classes of cases as the chief justice specifies under clause (9). the chief justice may — from time to time, require a senior judge of the supreme court appointed for a specified period to hear and determine any specific case, or such classes of cases as the chief justice may specify; and from time to time and subject to clause (10), require an international judge of the supreme court appointed for a specified period to hear and determine any specific case, or such classes of cases as the chief justice may specify. parliament may by law limit the classes of cases that may be heard and determined by an international judge of the supreme court. anything done by a judicial commissioner, a senior judge or an international judge of the supreme court when acting in accordance with the terms of his appointment shall have the same validity and effect as if done by a judge of the high court and, in respect thereof, the judicial commissioner, senior judge or international judge (as the case may be) shall have the same powers and enjoy the same immunities as if he had been a judge of the high court. 96. qualifications of judges of supreme court a person is qualified for appointment as a judge of the supreme court if he has for an aggregate period of not less than 10 years been a qualified person within the meaning of section 2 of the legal profession act (cap. 161) or a member of the singapore legal service, or both. 97. oath of office of judges of supreme court, etc every person appointed as a judge of the supreme court or a judicial commissioner or a senior judge of the supreme court shall, before he enters on the execution of his office, take, in the presence of the president, the oath of office in the form set out in the first schedule. every person appointed as an international judge of the supreme court shall, before he enters on the execution of his office, take, in the presence of the president, the oath of office in the form set out in the first schedule. notwithstanding clauses (1) and (1a), a judicial commissioner, a senior judge or an international judge of the supreme court who is appointed under article 95(4) to hear and determine a specified case need not be required to take the oath of office again if a period of less than 12 months intervenes between the date of his judgment in any specified case he is so appointed to hear and determine and the start of hearing for the next specified case. 98. tenure of office and remuneration of judges of supreme court, etc subject to this article, a person appointed as a judge of the supreme court under article 95(1) shall hold office until he attains the age of 65 years or such later time not being later than 6 months after he attains that age, as the president may approve. a judge of the supreme court or a judicial commissioner, a senior judge or an international judge of the supreme court may at any time resign his office by writing under his hand addressed to the president, but shall not be removed from office except in accordance with clauses (3), (4) and (5). if the prime minister, or the chief justice after consulting the prime minister, represents to the president that a person holding office as a judge of the supreme court or a judicial commissioner, a senior judge or an international judge of the supreme court ought to be removed on the ground of misbehaviour or of inability, from infirmity of body or mind or any other cause, to properly discharge the functions of his office, the president shall appoint a tribunal in accordance with clause (4) and shall refer that representation to it; and may on the recommendation of the tribunal remove the person from office. the tribunal shall consist of not less than 5 persons who hold or have held office as a judge of the supreme court, or, if it appears to the president expedient to make such an appointment, persons who hold or have held equivalent office in any part of the commonwealth, and the tribunal shall be presided over by the member first in the following order, namely, the chief justice according to their precedence among themselves and other members according to the order of their appointment to an office qualifying them for membership (the older coming before the younger of 2 members with appointments of the same date). pending any reference and report under clause (3), the president may, if he, acting in his discretion, concurs with the recommendation of the prime minister and, in the case of any other judge of the supreme court or a judicial commissioner, a senior judge or an international judge of the supreme court, after consulting the chief justice, suspend a judge of the supreme court, or a judicial commissioner, a senior judge or an international judge of the supreme court (as the case may be) from the exercise of his functions. parliament shall by law provide for the remuneration of the judges of the supreme court and the remuneration so provided shall be charged on the consolidated fund. subject to this article, parliament may by law provide for the terms of office of the judges of the supreme court, other than their remuneration, and may provide that any gratuity payable in respect of service as a judge of the supreme court shall be charged on the consolidated fund. the remuneration and other terms of office (including any pension or gratuity) of a judge of the supreme court shall not be altered to his disadvantage after his appointment. notwithstanding clause (1), the validity of anything done by a judge of the supreme court shall not be questioned on the ground that he had attained the age on which he was required to retire. the president may, in his discretion, grant leave of absence from his duties to the chief justice and, acting on the advice of the chief justice, to any other judge of the supreme court. 99. restriction on parliamentary discussion of conduct of a judge of supreme court the conduct of a judge of the supreme court or a judicial commissioner, a senior judge or an international judge of the supreme court shall not be discussed in parliament except on a substantive motion of which notice has been given by not less than one-quarter of the total number of the members of parliament. 100. advisory opinion the president may refer to a tribunal consisting of not less than 3 judges of the supreme court for its opinion any question as to the effect of any provision of this constitution which has arisen or appears to him likely to arise. where a reference is made to a tribunal under clause (1), it shall be the duty of the tribunal to consider and answer the question so referred as soon as may be and in any case not more than 60 days after the date of such reference, and the tribunal shall certify to the president, for his information, its opinion on the question referred to it under clause (1) with reasons for its answer, and any judge in the tribunal who differs from the opinion of the majority shall in like manner certify his opinion and his reasons. the opinion of the majority of the judges in the tribunal shall, for the purposes of this article, be the opinion of the tribunal, and every such opinion of the tribunal shall be pronounced in open court. no court shall have jurisdiction to question the opinion of any tribunal or the validity of any law, or any provision therein, the bill for which has been the subject of a reference to a tribunal by the president under this article. 101. definition of "office in this part, "office", in relation to a judge of the supreme court, means the office as chief justice, judge of appeal or judge of the high court, as the case may be. part ix. the public service 102. public services for the purposes of this constitution and except as hereinafter in this part provided, the public services shall be— the singapore armed forces; the singapore civil service; the singapore legal service; and the singapore police force. except as otherwise expressly provided by this constitution, the qualifications for appointments and conditions of service of persons in the public services may be regulated by law and, subject to the provisions of any such law, by the president. 103. interpretation of this part except for the purposes of articles 112, 114 and 115, and except where the context otherwise requires, in the interpretation of this part— "public service" does not include service otherwise than in a civil capacity; "public office" does not include the following offices: the office of the chief justice; the office of the attorney-general; the office of judge of the supreme court; the office of member of the public service commission or the legal service commission; the office of any police officer below the rank of inspector; or any office the remuneration of the holder of which is calculated on a daily rate, and "public officer" shall be construed accordingly. 104. tenure of public office except as expressly provided by this constitution, every person who is a member of the public service shall hold office during the pleasure of the president. 105. public service commission there shall be a public service commission which shall consist of a chairman and not less than 5 and not more than 14 other members, each of whom shall be appointed in writing under the hand of the president, if the president, acting in his discretion, concurs with the advice of the prime minister. the chairman shall be a citizen of singapore. the president may, from time to time, if he, acting in his discretion, concurs with the advice of the prime minister, appoint one or more deputy chairmen from among the members of the public service commission. before tendering his advice as to the appointment under clause (3) of a deputy chairman, the prime minister shall consult the chairman of the public service commission. every deputy chairman appointed under clause (3) shall hold office for such period as may be specified in the terms of his appointment and shall cease to be deputy chairman if he ceases to be a member of the public service commission. a person appointed to be a member of the public service commission shall thereafter be ineligible for appointment to any public office. at any meeting of the public service commission, 3 members who shall include either the chairman or one of the deputy chairmen, and may include both of them, shall form a quorum. if the quorum is present, the commission shall not be disqualified for the transaction of business by reason of any vacancy among its members, and any proceeding of the commission shall be valid notwithstanding that some person not entitled to do so took part therein. before assuming the duties of his office, the chairman and every other member of the public service commission shall take and subscribe before the chief justice or some other judge of the supreme court the appropriate oath for the due execution of his office in the form set out in the first schedule. 106. disqualification for appointment to commission a person shall not be appointed to be a member of the public service commission if he is, and shall cease to be a member if he becomes— a public officer; an employee of any corporation incorporated by or under the provisions of any law for the time being in force in singapore other than the companies act (cap. 50) or any corresponding previous written law; a member of parliament or a duly nominated candidate for election as such member; a member of any trade union or of any body or association affiliated to a trade union; or the holder of any office in any political association. clause (1) (b) shall not apply to any person who is a member of the teaching staff of any university established by or under any written law. 107. tenure of office subject to article 106, every member of the public service commission shall, unless he earlier resigns his office by writing under his hand addressed to the president or is removed therefrom under this article, hold office for a period of 5 years from the date of his appointment, but shall be eligible for reappointment: provided that a member, other than the chairman, may be appointed to hold office for any shorter period of not less than 3 years. if the prime minister, or the chairman of the public service commission after consulting with the prime minister, represents to the president that a member of the public service commission ought to be removed from office for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, the president shall, if he, acting in his discretion, concurs with that representation, refer that representation to a tribunal consisting of the chief justice and 2 other judges of the supreme court nominated for that purpose by the chief justice and shall, if that tribunal so recommends, remove that member from office by writing under his hand. the tribunal constituted under clause (2) shall regulate its own procedure and may make rules for that purpose. 108. terms of service of chairman and members of commission the chairman and other members of the public service commission shall be paid such salary and allowances as may, from time to time, be determined, and such salary and allowances shall be charged on and paid out of the consolidated fund. subject to the provisions of this constitution, the terms of service of the members of the public service commission may either— be prescribed in regulations made by the president and published in the gazette; or (in so far as they are not prescribed by or under any such law) be prescribed by the president. regulations made under clause (2)(a) may provide that any gratuity payable in respect of service as a member of the public service commission shall be charged on and paid out of the consolidated fund. the terms of service of any member of the public service commission shall not be altered to his disadvantage during his continuance in office. for the purposes of clause (3), in so far as the terms of service of a member of the public service commission depend upon his option, any terms for which he opts shall be taken to be more advantageous to him than any for which he might have opted. 109. secretary to commission there shall be a secretary to the public service commission who shall be a person who is a public officer and who shall be appointed by the president in accordance with the advice of the commission. the secretary to the public service commission shall be responsible, in accordance with such instructions as may be given to him by the chairman of the commission, for arranging the business for, and keeping the minutes of, the meetings of the commission and for conveying the decisions of the commission to the appropriate person or authority and shall have such other functions as the chairman may, from time to time, direct. 110. appointment, etc., of public officers subject to the provisions of this constitution, it shall be the duty of the public service commission to appoint, confirm, emplace on the permanent or pensionable establishment, promote, transfer, dismiss and exercise disciplinary control over public officers. the promotion of public officers shall be on the basis of official qualifications, experience and merit. no public officer shall be dismissed or reduced in rank under this article without being give a reasonable opportunity of being heard. subject to the provisions of article 110d, no member of any of the services mentioned in article 102 (1) (b) to (d) shall be dismissed or reduced in rank by an authority subordinate to that which, at the time of the dismissal or reduction, has power to appoint a member of that service of equal rank. in clause (1)— "appoint" does not include an appointment to act in an office for 2 months or less; "transfer" does not include transfer without a change of rank within a department of the government. 110a. education service commission repealed by act 11/98. 110b. police and civil defence services commission repealed by act 11/98. 110c. provisions applicable to education service commission and police and civil defence services commission repealed by act 11/98. 110d. personnel boards subject to the provisions of this article, the president may, on the advice of the prime minister and by order published in the gazette, establish one or more personnel boards to exercise all or any of the powers and functions of the public service commission under article 110. the order under clause (1) shall specify the powers and functions to be exercised by a personnel board and the class or classes of public officers in respect of which those powers and functions may be exercised except the following: the power to dismiss and exercise disciplinary control over all public officers of any grade in division i; and all powers of the public service commission in relation to public officers in the administrative service and administrative service (foreign service branch) who hold appointments of and above the significant grade (as defined in article 111a (1)) in those services, including the power to nominate officers for appointment or promotion to that grade, and any power of appointment specified in the order as to be exercised by a personnel board shall not include a power to dismiss any person so appointed. where the president has by order established a personnel board under clause (1) for the purpose of exercising any of the powers or functions of the public service commission, such power or function— may be exercised by such personnel board notwithstanding anything in article 110 (1) and (4); and shall, so long as it remains a power or function to be exercised by the board pursuant to such order, cease to be exercisable by that commission except to the extent permitted under clause (4). any personnel board may, in writing and subject to such conditions as it thinks fit, delegate all or any of the powers or functions exercisable by the board under this article (except this power of delegation) to any member of the personnel board, and that member shall exercise those powers or functions in accordance with the terms of the delegation; but no such delegation shall prevent the exercise of any such power or function by the personnel board. any act or thing done by a delegate of a personnel board while acting in the exercise of a delegation under clause (3a) shall have the same force and effect as if the act or thing had been done by the personnel board and shall be deemed to have been done by the personnel board. subject to regulations made under clause (7), any person aggrieved by any decision of any personnel board or its delegate may, within such time and in such manner as may be prescribed, appeal to the public service commission, and the decision of the commission shall be final. subject to clause (6), a personnel board which is established to exercise any power over officers in division i shall consist of such persons as the president may, on the advice of the prime minister, appoint except that the president may, acting in his discretion, refuse to make any such appointment if he does not concur with the advice of the prime minister. a person shall not be appointed to be a member of a personnel board if he is, and shall cease to be a member if he becomes— a member of parliament or a duly nominated candidate for election as such member; a member of any trade union or of any body or association affiliated to a trade union; or the holder of any office in any political association. the president may by regulations— provide for matters relating to the appointment of members of personnel boards; prescribe the procedure to be followed by the personnel boards in the exercise of their powers and functions; prescribe the manner of appeals under clause (4); and modify the application of clause (4) by providing that appeals under that clause shall be made first to such person or persons as may be appointed by the president but without prejudice to the right to appeal thereafter to the public service commission. nothing in this article shall affect any direction or delegation issued before 1st october 1994 by the public service commission under article 116 (3), and this article shall not apply to any power or function of these commissions so long it forms the subject of any such direction or delegation. 111. legal service commission there shall be a legal service commission, whose jurisdiction shall extend to all officers in the singapore legal service. the legal service commission shall consist of— the chief justice, as president; the attorney-general; the chairman of the public service commission; and at least 3 but not more than 6 other members, each of whom shall be appointed by the president if he, acting in his discretion, concurs with the advice of the person nominating the member under clause (2a). deleted by act 31/2007, wef 01/11/2007. the members referred to in clause (2) (d) shall comprise— at least one but not more than 2 persons nominated by the chief justice; at least one but not more than 2 persons nominated by the chairman of the public service commission; and at least one but not more than 2 persons nominated by the prime minister, except that where the chief justice, the chairman of the public service commission or the prime minister, as the case may be, nominates 2 persons, one of whom must be a person who has for an aggregate period of not less than 10 years been a qualified person within the meaning of section 2 (1) of the legal profession act (cap. 161). a person shall not be appointed under clause (2) (d) to be a member of the legal service commission if he is, and shall cease to be such a member if he becomes— a public officer; an employee of any corporation incorporated by or under the provisions of any law for the time being in force in singapore other than the companies act (cap. 50) or any corresponding previous written law; a member of parliament or a duly nominated candidate for election as such member; a member of any trade union or of any body or association affiliated to a trade union; or the holder of any office in any political association. subject to clause (2b), every member of the legal service commission appointed under clause (2) (d) shall, unless he earlier resigns his office by writing under his hand addressed to the president or is removed therefrom under clause (2d), hold office from the date of his appointment for such period (being not shorter than 3 years and not longer than 5 years) as the president may specify, and shall be eligible for reappointment. if the prime minister, or the president of the legal service commission after consulting with the prime minister, represents to the president that a member of the legal service commission who is appointed under clause (2) (d) ought to be removed from office for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, the president shall— refer that representation to a tribunal consisting of 2 judges of the supreme court nominated for that purpose by the chief justice, if the president, acting in his discretion, concurs with that representation; and remove that member from office by writing under his hand if the tribunal in paragraph (a) so recommends. the members of the legal service commission appointed under clause (2) ( d) shall— before assuming the duties of their respective offices, take and subscribe before the chief justice or some other judge of the supreme court the appropriate oath for the due execution of their offices in the form set out in the first schedule; and be paid such allowances as may, from time to time, be determined, and such allowances shall be charged on and paid out of the consolidated fund. subject to the provisions of this constitution, the terms of service of the members of the legal service commission appointed under clause (2) (d) may either be prescribed by or under any law made under this constitution, or (in so far as they are not prescribed by or under any such law) be prescribed by the president. the terms of service of any member of the legal service commission appointed under clause (2) (d) shall not be altered to his disadvantage during his continuance in office, except that in so far as the terms of service of such a member of the legal service commission depend upon his option, any terms for which he opts shall be taken to be more advantageous to him than any for which he might have opted. one of the members of the legal service commission referred to in clause (2) (b), (c) or (d) may be appointed by the president as the vice-president of the legal service commission where the president, acting in his discretion, concurs with the advice of the prime minister who shall consult the president of the legal service commission before tendering any such advice to the president. subject to the provisions of any existing law and to the provisions of this constitution, it shall be the duty of the legal service commission to appoint, confirm, emplace on the permanent establishment, promote, transfer, dismiss and exercise disciplinary control over officers in the singapore legal service. the legal service commission may delegate to any officer in the singapore legal service or to any board of such officers appointed by it any of its functions under clause (3) in respect of any grade of officers in the singapore legal service, not being functions which are exercisable by a personnel board under article 111aa, and that officer or board shall exercise those functions under the direction and control of the legal service commission. the legal service commission may, subject to the provisions of this constitution, regulate its own procedure and make rules for that purpose. there shall be a secretary to the legal service commission who shall— be a person who is a public officer; and be appointed by the president in accordance with the advice of the legal service commission. the secretary to the legal service commission shall be responsible, in accordance with such instructions as may be given to him by the president of the legal service commission, for arranging the business for, and keeping the minutes of, the meetings of the legal service commission and for conveying the decisions of the legal service commission to the appropriate person or authority and shall have such other functions as the president of the legal service commission may, from time to time, direct. 111aa. personnel boards of singapore legal service subject to the provisions of this article, the president may, on the advice of the prime minister and by order published in the gazette, establish one or more personnel boards to exercise all or any of the powers and functions of the legal service commission under article 111. an order under clause (1) shall specify the powers and functions to be exercised by a personnel board and the class or classes of officers in the singapore legal service in respect of which those powers and functions may be exercised except the following: the power to dismiss and exercise disciplinary control over officers in the singapore legal service; and all powers of the legal service commission in relation to officers in the singapore legal service who hold appointments of and above a grade prescribed in the order, including the power to nominate officers for appointment or promotion to that grade, and any power of appointment specified in the order as to be exercised by a personnel board shall not include a power to dismiss any person so appointed. before tendering his advice as to the grade in the singapore legal service referred to in clause (2) (b), the prime minister shall consult the president of the legal service commission. where the president has by order established a personnel board under clause (1) for the purpose of exercising any of the powers or functions of the legal service commission, such power or function— may be exercised by such personnel board notwithstanding anything in article 111; and shall, so long as it remains a power or function to be exercised by the personnel board pursuant to such order, cease to be exercisable by the legal service commission except to the extent permitted under clause (5). subject to any order made under clause (1), any person who is aggrieved by any decision of any personnel board established under this article may, within such time and in such manner as may be prescribed, appeal to the legal service commission, and the decision of that commission shall be final. subject to clause (7), a personnel board which is established under this article shall consist of such persons (who may or may not be members of the legal service commission) as the president may, on the advice of the legal service commission, appoint except that the president may, acting in his discretion, refuse to make any such appointment if he does not concur with the advice of the legal service commission. a person shall not be appointed to be a member of a personnel board established under this article if he is, and shall cease to be a member if he becomes— a member of parliament or a duly nominated candidate for election as such member; a member of any trade union or of any body or association affiliated to a trade union; or the holder of any office in any political association. an order under clause (1) may also— provide for matters relating to the appointment of members of personnel boards established under this article; prescribe the procedure to be followed by these personnel boards in the exercise of their powers and functions; and prescribe the manner of appeals under clause (5). 111a. promotion to significant grade the president may, by notification in the gazette, designate as significant a grade each in the administrative service scheme of service and the administrative (foreign service) scheme of service (referred to in this article as the significant grade), and such notification may be subsequently amended to designate as significant any other grade in those schemes of service not lower than the grade first so designated. notwithstanding any other provision in this constitution, any appointment or promotion of a public officer to the significant grade shall be made by the president, acting in accordance with the advice of the prime minister, from public officers nominated by the public service commission. 112. protection of pension rights the law applicable to any pension, gratuity or other like allowance (referred to in this article as an award) granted to any public officer or to his widow, children, dependants or personal representatives shall be that in force on the relevant day or any later law not less favourable to the person concerned. for the purposes of this article, the relevant day is— in relation to an award made before 16th september 1963, the date on which the award was made; in relation to an award made after 16th september 1963, to or in respect of any person who was a public officer before that date, the date immediately before that date; and in relation to an award made to or in respect of any person who first became a public officer on or after 16th september 1963, the date on which he first became a public officer. for the purposes of this article, where the law applicable to an award depends on the option of the person to whom it is made, the law for which he opts shall be taken to be more favourable to him than any other law for which he might have opted. 113. power of public service commission and legal service commission in relation to pensions, etc where under any written law any person or authority has a discretion— to decide whether or not any award shall be made; or to withhold, reduce in amount or suspend any such award that has been made, that award shall be made and may not be withheld, reduced in amount or suspended unless the public service commission or the legal service commission, as the case may be, concurs in the refusal to grant the award or, as the case may be, in the decision to withhold, reduce in amount or suspend it. where the amount of any award that may be made to any person is not fixed by law, the amount of the award to be made to him shall be the greatest amount for which he is eligible unless the public service commission or the legal service commission, as the case may be, concurs in the making of an award of a smaller amount. in this article, "award" has the same meaning as in article 112. 114. pensions, etc., to be charged on pension fund or consolidated fund subject to clause (2) and articles 35(11a), 98(7), 108(2a) and 148f(10b), pensions, gratuities and other like allowances granted in respect of the public service shall be charged on and paid out of, in the first instance, the pension fund established by the pension fund act (cap. 224a) and, if that fund is deficient, the consolidated fund. notwithstanding clause (1), the legislature may by law provide that any pension, gratuity or other like allowance granted in respect of public service may be paid out of another government fund in lieu of the pension fund and the consolidated fund. 115. pension rights on transfer notwithstanding any provision of this constitution relating to the circumstances in which a public officer may vacate his office, any public officer may, with the consent of the government (which consent shall not be unreasonably withheld), relinquish his office for the purpose of transfer to some other public office or to an office in any other public service, and if he so relinquishes his office, his claim to any pension, gratuity or other like allowance shall not thereby be prejudiced. for the purposes of this article, "other public service" has the meaning given to it by the pensions act (cap. 225) as in force immediately before 15th september 1963. 116. regulations regarding public service subject to the provisions of any written law for the time being in force in singapore, the president may make regulations for all or any of the following matters: the division of public offices into divisions and services; the prescribing of schemes regulating the recruitment, service and promotion of members of such services; and the conduct and discipline of the public service. the public service commission may, subject to the provisions of this constitution, regulate its own procedure and make rules for that purpose, and may, in connection with the discharge of its functions, confer powers and impose duties on any person or any authority of the government. the public service commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its functions under article 110 (1) to any member of the commission, to any public officer or other person, or to any board consisting of public officers and other persons appointed by it or to any person who is a member of a panel appointed by the commission for the purposes of representing the public in any disciplinary proceedings in respect of any grade of the public service and that member, officer, board or person shall exercise those functions under the direction and control of the public service commission. 117. validation of acts done and rules made by public service commission omitted (as the article has had its effect). 118. performance by public service commission of other functions parliament may by law provide for the exercise of other functions by the public service commission. 119. reports of commissions the public service commission and the legal service commission shall each make an annual report on its activities to the president and a copy of every such report shall be presented to parliament. part x. citizenship 120. status of citizen of singapore there shall be a status known as citizen of singapore. the status of a citizen of singapore may be acquired— by birth; by descent; by registration or, before the commencement of this constitution, by enrolment; or by naturalisation. 121. citizenship by birth subject to this article, every person born in singapore after 16th september 1963 shall be a citizen of singapore by birth. a person shall not be a citizen of singapore by virtue of clause (1) if at the time of his birth— his father, not being a citizen of singapore, possessed such immunity from suit and legal process as is accorded to an envoy of a sovereign power accredited to the president; his father was an enemy alien and the birth occurred in a place then under the occupation of the enemy; or neither of his parents was a citizen of singapore. notwithstanding clause (2) (c), the government may, where it considers it just and fair and having regard to all the circumstances prevailing at the time of the application, confer citizenship upon a person born in singapore. 122. citizenship by descent subject to clauses (2) and (3), a person born outside singapore after 16th september 1963 shall be a citizen of singapore by descent if, at the time of his birth— where the person is born before the date of commencement of section 7 of the constitution of the republic of singapore (amendment) act 2004, his father is a citizen of singapore, by birth or registration; and where the person is born on or after the date of commencement of section 7 of the constitution of the republic of singapore (amendment) act 2004, either his father or mother is a citizen of singapore, by birth, registration or descent. a person born outside singapore shall not be a citizen of singapore by descent by virtue of clause (1) unless— his birth is registered in the prescribed manner at the registry of citizens or at a diplomatic or consular mission of singapore within one year, or such longer period as the government permits, after its occurrence; and he would not acquire the citizenship of the country in which he was born by reason of his birth in that country where— in the case of a person born before the date of commencement of section 7 of the constitution of the republic of singapore (amendment) act 2004, his father is a citizen of singapore by registration at the time of his birth; or in the case of a person born on or after the date of commencement of section 7 of the constitution of the republic of singapore (amendment) act 2004, either his father or mother is a citizen of singapore by registration at the time of his birth. without prejudice to clause (2), a person born outside singapore of a father or mother who is a citizen by descent at the time of his birth shall not be a citizen of singapore by descent by virtue of clause (1) unless the parent who is the citizen by descent has lawfully resided in singapore— for a period of, or for periods amounting in the aggregate to, not less than 5 years before that person's birth; or for a period of, or for periods amounting in the aggregate to, not less than 2 years during the period of 5 years immediately preceding that person's birth. a person who, being a minor, becomes a citizen of singapore by descent shall cease to be a citizen of singapore on attaining the age of 22 years unless within 12 months after he attains the age of 21 years he takes the oath of renunciation, allegiance and loyalty in the form set out in the second schedule and where the government so requires divests himself of any foreign citizenship or nationality. 123. citizenship by registration subject to the provisions of this constitution, any person resident in singapore of or over the age of 21 years may, on application being made therefor in the prescribed form, be registered as a citizen of singapore if he satisfies the government that he— is of good character; has resided in singapore throughout the 12 months immediately preceding the date of his application; has during the 12 years immediately preceding the date of his application resided in singapore for periods amounting in the aggregate to not less than 10 years: provided that the government may exempt any applicant from compliance with this paragraph— where such applicant has during the 6 years immediately preceding the date of his application resided in singapore for periods amounting in the aggregate to not less than 5 years; or where in any special case the government considers fit to confer citizenship upon such applicant; intends to reside permanently in singapore; and has an elementary knowledge of one of the following languages, namely, malay, english, mandarin and tamil: provided that the government may exempt an applicant who has attained the age of 45 years or who is deaf or dumb from compliance with this paragraph. subject to the provisions of this constitution, any woman who is married to a citizen of singapore may, on making application therefor in the prescribed manner, be registered as a citizen of singapore if she satisfies the government— that she has resided continuously in singapore for a period of not less than 2 years immediately preceding the date of the application; that she intends to reside permanently in singapore; and that she is of good character. 124. registration of minors the government may if satisfied that a child under the age of 21 years— is the child of a citizen of singapore; and is residing in singapore, cause such child to be registered as a citizen of singapore on application being made therefor in the prescribed manner by the parent or guardian of such child. the government may, in such special circumstances as it thinks fit, cause any child under the age of 21 years to be registered as a citizen of singapore. 125. effect of registration subject to article 126, a person registered as a citizen of singapore under article 123 or 124 shall be a citizen of singapore from the date on which he is so registered. 126. general provisions as to registration no person shall be registered as a citizen of singapore under article 123 until he has taken the oath of renunciation, allegiance and loyalty in the form set out in the second schedule. except with the approval of the government, no person who has renounced or has been deprived of citizenship of singapore under this constitution or the singapore citizenship ordinance 1957 (ord. 35 of 1957) shall be registered as a citizen of singapore under the provisions of this constitution. any person who becomes a citizen of singapore by registration under section 13 of the singapore citizenship ordinance 1957 or article 124 shall cease to be a citizen of singapore on attaining the age of 22 years unless within 12 months after he attains the age of 21 years he takes the oath of renunciation, allegiance and loyalty in the form set out in the second schedule. 127. citizenship by naturalisation subject to clause (4), the government may, upon application made by any person of or over the age of 21 years who is not a citizen of singapore, grant a certificate of naturalisation to that person if the government is satisfied— that he has resided in singapore for the required periods and intends, if the certificate is granted, to do so permanently; that he is of good character; and that he has an adequate knowledge of the national language. the periods of residence in singapore or the relevant part of it which are required for the grant of a certificate of naturalisation are periods which amount in the aggregate to not less than 10 years in the 12 years immediately preceding the date of the application for the certificate and which include the 12 months immediately preceding that date. a person to whom a certificate of naturalisation is granted shall be a citizen of singapore by naturalisation from the date on which the certificate is granted. no certificate of naturalisation shall be granted to any person until he has taken the oath of renunciation, allegiance and loyalty in the form set out in the second schedule. 128. renunciation of citizenship any citizen of singapore of or over the age of 21 years and of sound mind who is also or is about to become a citizen of another country may renounce his citizenship of singapore by declaration registered by the government, and shall upon such registration cease to be a citizen of singapore. the government may withhold the registration of a declaration under this article— if the declaration is made during any war in which singapore is engaged; or if the declaration is made by a person subject to the enlistment act (cap. 93) unless he has— discharged his liability for full-time service under section 12 of that act; rendered at least 3 years of operationally ready national service under section 13 of that act in lieu of such full-time service; or complied with such conditions as may be determined by the government. this article applies to a woman under the age of 21 years who has been married as it applies to a person of or over that age. 129. deprivation of citizenship a citizen of singapore who is a citizen by registration or by naturalisation shall cease to be such a citizen if he is deprived of his citizenship by an order of the government made in accordance with this article. the government may, by order, deprive any such citizen of his citizenship if the government is satisfied that the registration or the certificate of naturalisation— was obtained by means of fraud, false representation or the concealment of any material fact; or was effected or granted by mistake. the government may, by order, deprive of his citizenship— any person who is a citizen of singapore by naturalisation if the government is satisfied— that he has shown himself by act or speech to be disloyal or disaffected towards singapore; or that he has, during any war in which singapore is or was engaged, unlawfully traded or communicated with an enemy or been engaged in or associated with any business which to his knowledge was carried on in such manner as to assist an enemy in that war; or any citizen of singapore by registration or by naturalisation if the government is satisfied— that he has, within the period of 5 years after registration or naturalisation, been sentenced in any country to imprisonment for a term of not less than one year or to a fine of not less than $5,000 or the equivalent in the currency of that country, and has not received a free pardon in respect of the offence for which he was so sentenced; or that he has, at any time after registration or naturalisation, been engaged in any activities which are prejudicial to the security of singapore, or the maintenance of public order therein, or the maintenance therein of essential services, or in any criminal activities which are prejudicial to the interests of public safety, peace or good order. the government may, by order, deprive of his citizenship any person who is a citizen of singapore by naturalisation if the government is satisfied that, without the government's approval, he has accepted, served in or performed the duties of any office, post or employment under the government of any foreign country or any political subdivision thereof, or under any agency of such a government, in any case where an oath, affirmation or declaration of allegiance is required in respect of the office, post or employment: provided that a person shall not be deprived of his citizenship under this clause by reason of anything done before the commencement of this constitution notwithstanding that he was at the time a citizen of singapore. the government may, by order, deprive of his citizenship any person who is a citizen of singapore by naturalisation if the government is satisfied that he has been ordinarily resident in foreign countries for a continuous period of 5 years and during that period has neither— been at any time in the service of singapore or of an international organisation of which the government was a member; nor registered annually at a consulate of singapore his intention to retain his citizenship. the government may, by order, deprive of her citizenship any woman who is a citizen of singapore by registration under article 123 (2) if the government is satisfied that the marriage by virtue of which she was registered has been dissolved, otherwise than by death, within the period of 2 years beginning with the date of the marriage. no person shall be deprived of his citizenship under this article or under article 130 unless the government is satisfied that it is not conducive to the public good that that person should continue to be a citizen of singapore; and no person shall be deprived of his citizenship under clause (2) (b) or clause (3) (a) or (b) (i) or under clause (4) or (5) or under article 130 if the government is satisfied that as a result of the deprivation he would not be a citizen of any country. 130. deprivation of citizenship of child of person losing citizenship where a person has— renounced his citizenship; or been deprived of his citizenship under article 129 (2) (a) or 134 (1) (a), the government may, by order, deprive of his citizenship any child of that person under the age of 21 years who has been registered as a citizen of singapore pursuant to this constitution and was so registered as being the child of that person or of that person's wife or husband. 131. general provisions as to loss of citizenship renunciation or deprivation of citizenship of singapore shall not discharge a person from liability in respect of anything done or omitted to be done before he ceased to be a citizen of singapore. 132. cancellation of enrolment as citizen where a person has been enrolled as a citizen of singapore before the commencement of this constitution and the government is satisfied that the enrolment— was obtained by means of fraud, false representation or the concealment of any material fact; or was effected by mistake, the government may, by order, cancel the enrolment. where under this article a person's enrolment as a citizen of singapore is cancelled, that shall not discharge him from liability in respect of anything done or omitted to be done before the cancellation. 133. procedure for deprivation before making an order under article 129, 132, 134 or 135, the government shall give the person, against whom the order is proposed to be made, notice in writing informing him of the ground on which the order is proposed to be made and of his right to have the case referred to a committee of inquiry under this article. if any person to whom such notice is given applies within such time as may be prescribed to have the case referred to a committee of inquiry, the government shall, and in any other case may, refer the case to a committee of inquiry consisting of a chairman, who shall be a person qualified to be appointed as a judge of the supreme court, and 2 other members chosen from a panel to be appointed by the government in that behalf. the committee of inquiry shall, on such reference, hold an inquiry in such manner as may be prescribed and submit a report to the government and the government shall have regard to such report in making the order. 134. deprivation of citizenship on acquisition of foreign citizenship the government may, by order, deprive a citizen of singapore of his citizenship if the government is satisfied that— he has, while of or over the age of 18 years, at any time after 6th april 1960 acquired by registration, naturalisation or other voluntary and formal act (other than marriage) the citizenship of any country outside singapore or having so acquired such citizenship before the age of 18 years continues to retain it after that age; or the citizen, being a woman who is a citizen of singapore by registration under article 123 (2), has acquired the citizenship of any country outside singapore by virtue of her marriage to a person who is not a citizen of singapore. where the government has made an order under this article depriving a citizen of singapore of his citizenship, he shall cease to be a citizen with effect from the date of the order. 135. deprivation of citizenship on exercise of rights of foreign nationals, etc the government may, by order, deprive a citizen of singapore of his citizenship if the government is satisfied that— he has, while of or over the age of 18 years, at any time after 6th april 1960 voluntarily claimed and exercised any rights (other than any rights in connection with the use of a passport) available to him under the law of any country outside singapore being rights accorded exclusively to the citizens or nationals of that country; he has, while of or over the age of 18 years, at any time after 6th april 1960 applied to the authorities of a place outside singapore for the issue or renewal of a passport or used a passport issued by such authorities as a travel document; or he is of or over the age of 18 years and has, whether before or after attaining the age of 18 years, been ordinarily resident outside singapore for a continuous period of 10 years (including any period of residence outside singapore before 2nd january 1986) and has not at any time— during that period or thereafter entered singapore by virtue of a certificate of status or travel document issued by the competent authorities of singapore; or during that period been in the service of the government or of an international organisation of which singapore is a member or of such other body or organisation as the president may, by notification in the gazette, designate. for the purposes of clause (1) (a), the exercise of a vote in any political election in a place outside singapore shall be deemed to be the voluntary claim and exercise of a right available under the law of that place. where the government has made an order under this article depriving a citizen of singapore of his citizenship, he shall cease to be a citizen with effect from the date of the order. 136. termination of citizenship of malaysia where a person who was a citizen of singapore had renounced his citizenship of malaysia or been deprived of his citizenship of malaysia by the government of malaysia before the commencement of this constitution, such person shall be deemed to have renounced or been deprived of his citizenship of singapore under this constitution and to have ceased to be a citizen of singapore. 137. deprivation of citizenship or cancellation of enrolment of child of person losing citizenship where a person has been deprived of his citizenship or his enrolment as a citizen has been cancelled under the provisions of this part, the government may, by order, deprive of his citizenship or, as the case may be, cancel the enrolment of any child of that person under the age of 21 years who has been registered or enrolled as a citizen under the provisions of this constitution or the singapore citizenship ordinance 1957 (ord. 35 of 1957) and was so registered or enrolled as being the child of that person or of that person's wife or husband. no person shall be deprived of his citizenship under clause (1) unless the government is satisfied that it is not conducive to the public good that he should continue to be a citizen; and no person shall be deprived of his citizenship under clause (1) if the government is satisfied that as a result of such deprivation he would not be a citizen of any country. 138. grant of certificate of citizenship in cases of doubt upon application made in that behalf in the prescribed manner, the government may grant in the form prescribed a certificate of citizenship to a person with respect to whose citizenship a doubt exists, whether of fact or of law: provided that where the government is satisfied that such a certificate was obtained in circumstances set out in article 132 (1) (a) or (b), the government may, by order, cancel such certificate. 139. commonwealth citizenship in accordance with the position of singapore within the commonwealth, every person who is a citizen of singapore enjoys by virtue of that citizenship the status of a commonwealth citizen in common with the citizens of other commonwealth countries. any existing law shall, except so far as parliament otherwise provides, apply in relation to a citizen of the republic of ireland who is not also a commonwealth citizen as it applies in relation to a commonwealth citizen. 140. application of third schedule until the legislature otherwise provides by law, the supplementary provisions contained in the third schedule shall have effect for the purposes of this part. 141. repeal the singapore citizenship ordinance 1957 (ord. 35 of 1957) is hereby repealed. any person who immediately before 16th september 1963 was, by virtue of the singapore citizenship ordinance 1957, a citizen of singapore by birth, descent, registration or naturalisation, shall as from that date continue, subject to the provisions of this constitution, to possess that status. where a person would have been a citizen of singapore by descent immediately before 16th september 1963 if his birth had been registered under the provisions of the singapore citizenship ordinance 1957 (ord. 35 of 1957), he shall become a citizen of singapore by descent if his birth is registered at a consulate of singapore or with the government in the prescribed manner within one year of its occurrence or, with the permission of the government, later. notwithstanding the repeal of the singapore citizenship ordinance 1957, where a person who has become a citizen of singapore was liable in respect of things done before 16th september 1963 to be deprived of that status under the ordinance, then the government may, by order, deprive him of his citizenship, if proceedings for that purpose are begun during the period of 2 years after that date. where a person is liable to be deprived of citizenship under clause (4) and proceedings had before 16th september 1963 been begun to deprive him of citizenship of singapore under the provisions of the singapore citizenship ordinance 1957, those proceedings shall be treated as proceedings to deprive him of citizenship under that clause and shall be continued as such in accordance with the provisions of the singapore citizenship ordinance 1957 in force immediately before that date. part xi. financial provisions 142. interpretation of this part in this part, unless the context otherwise requires— "development fund" means the development fund established by the development fund act (cap. 80); "financial year" means a period of 12 months ending on 31st march in any year. notwithstanding clauses (1c) and (2), where— before the start of any financial year, the president, acting in his discretion, concurs with the advice of the minister responsible for finance on the long-term real rates of return which are expected to be earned on the respective components of the relevant assets (referred to in this article as the expected long-term real rates of return); and the minister responsible for finance thereafter certifies under his hand to the president the spending limit for that financial year, specifying an amount which shall not be more than 50% of the total of all amounts ascertained by applying the expected long-term real rates of return so agreed under paragraph (a) for that financial year on the respective components of the relevant assets, any reference in this part to the reserves not accumulated by the government during its current term of office shall exclude those reserves equal to the amount so certified. any provisional certificate on the spending limit for a financial year issued by the minister responsible for finance under clause (1a)(b) at any time during the financial year shall have the same effect as if it is a final certificate on the spending limit for the financial year until it is superseded by the issue of the final certificate on the spending limit for that same financial year. in addition to clause (2), the net investment income and realised capital gains that are— directly attributable to the relevant assets; and received by the government during a financial year in any current term of office of the government, shall for the purposes of this part accrete and be deemed to form part of the past reserves of the government with effect from the date of the receipt thereof. for the purposes of this part, where any net investment income is received during a financial year in any current term of office of the government— such amount of the net investment income of the financial year that is derived from the pas reserves of the government as is certified under clause (3); or if no certificate under clause (3) is made, 50% of the net investment income of the financial year that is derived from the past reserves of the government not comprised in the relevant assets, shall accrete and be deemed to form part of the past reserves of the government with effect from the date of the certificate relating to that financial year made under clause (3) or, if no such certificate is made or earlier made, from the date the accounts and statements referred to in article 147 (5) for that financial year are presented to the president. the minister responsible for finance shall, as soon as practicable after the end of every financial year, certify to the president in a certificate relating to that financial year, the amount (not being less than 50%) of the net investment income of that financial year derived from the past reserves of the government not comprised in the relevant assets which is to accrete and be deemed to form part of the past reserves of the government; and such certificate shall be final and conclusive evidence of the amount. in this article— "net investment income" , in relation to a financial year, means the balance of— after deducting all expenses arising from or incidental to investing and managing those reserves (other than costs of purchasing or disposing of or converting investments) and any interest, sinking fund charges and borrowing charges; "net investment income of a financial year that is derived from the past reserves" means the share of the net investment income of the financial year that is attributable to the past reserves; "past reserves of the government" means the reserves not accumulated by the government during its current term of office, including accretions thereto deemed under clauses (1c) and (2) to be part thereof, but less such amount that is certified under clause (1a)( b) or such amount adjusted pro-rata based on the period a financial year falls partially within any current term of office of the government; "real rate of return" means an annual percentage of return on investment of relevant assets of the government adjusted for changes in prices due to inflation or deflation and after deducting all expenses arising from or incidental to investing and managing the relevant assets; "realised capital gains" , in relation to any relevant assets, means all proceeds realised from the disposition of the relevant assets less all costs and expenses arising from or incidental to the disposition, purchase or conversion of the relevant assets, and includes any realised capital losses; "relevant assets" means all of the following: the total net assets managed by the gic private limited and all its wholly-owned subsidiaries (including those with registered offices outside singapore) as fund managers for the government, for any company wholly-owned by the government and for all the wholly-owned subsidiaries of such a government company; such moneys of the government as the monetary authority of singapore receives from the government as banker to the government; the excess of the assets of the monetary authority of singapore over its liabilities, being assets and liabilities not directly attributable to the government, and being not already comprised in paragraph (b); from 1 april 2016, the excess of the assets of temasek holdings (private) limited over its liabilities, less the following liabilities: the total liabilities of the government that is attributable to its borrowings under the government securities act (cap. 121a) and the local treasury bills act (cap. 167); and the total liabilities of the government that is represented by any government fund (other than a government fund required by written law to be held, managed and administered separately from other government funds) established by a public act for special purposes and not already comprised in paragraph (i). 143. no taxation unless authorised by law no tax or rate shall be levied by, or for the purposes of, singapore except by or under the authority of law. 144. restriction on loans, guarantees, etc no guarantee or loan shall be given or raised by the government— except under the authority of any resolution of parliament with which the president, acting in his discretion, concurs; under the authority of any law to which this paragraph applies unless the president, acting in his discretion, concurs with the giving or raising of such guarantee or loan; or except under the authority of any other written law. the president, acting in his discretion, may withhold his assent to any bill passed by parliament providing, directly or indirectly, for the borrowing of money, the giving of any guarantee or the raising of any loan by the government if, in the opinion of the president, the bill is likely to draw on the reserves of the government which were not accumulated by the government during its current term of office. clause (1) (b) shall apply to the following laws: the asian development bank act (cap. 15); the bretton woods agreements act (cap. 27); deleted by act 27/2008, wef 01/01/2009. the external loans act (cap. 102); the financial procedure act (cap. 109); the international development association act (cap. 144a); the international finance corporation act (cap. 144); the jurong town corporation act (cap. 150); and the loans (international banks) act (cap. 164). 145. consolidated fund there shall be in and for singapore a consolidated fund into which, subject to the provisions of any law for the time being in force in singapore, shall be paid all revenues of singapore not allocated to specific purposes by any written law. 146. withdrawal from consolidated fund, etc no moneys shall be withdrawn from the consolidated fund unless they are— charged on the consolidated fund; authorised to be issued by a supply law, supplementary supply law or final supply law; authorised to be issued by a resolution passed by parliament under article 148b with which the president concurs; or authorised to be issued by the minister responsible for finance under article 148b (4). no moneys shall be withdrawn from the consolidated fund except in the manner provided by law. clause (1) shall not apply to any such sums as are mentioned in article 147 (2) (b) (i), (ii) or (iii). no moneys in the development fund shall be withdrawn— except for any one or more purposes specified in any written law, being purposes necessary or related to the development of singapore; and unless authorised to be issued by a supply law, supplementary supply law or final supply law or by the minister responsible for finance under article 148b (4). 147. annual estimates and financial statements the minister responsible for finance shall, before the end of each financial year, cause to be prepared annual estimates of revenue and expenditure of singapore during the succeeding financial year which, when approved by the cabinet, shall be presented to parliament. the estimates of expenditure shall show separately— the total sums required to meet expenditure charged on the consolidated fund; the sums respectively required to meet the heads of other expenditure for the public services proposed to be met from the consolidated fund, except the following sums: sums representing the proceeds of any loan raised by the government for specific purposes and appropriated for those purposes by the law authorising the raising of the loan; sums representing any money or interest on money received by the government subject to a trust and to be applied in accordance with the terms of the trust; and sums representing any money held by the government which has been received or appropriated for the purpose of any trust fund established by or in accordance with any written law; and the sums respectively required to meet the heads of expenditure proposed to be met from the development fund. the estimates of revenue to be shown in the estimates shall not include any sums received by way of zakat, fitrah and baitulmal or similar muslim revenue. the minister responsible for finance shall also present to parliament together with the estimates of revenue and expenditure— a statement whether the annual estimates of revenue and expenditure is likely to draw on the reserves which were not accumulated by the government during its current term of office; and an audited statement showing as far as practicable the assets and liabilities of singapore at the end of the last completed financial year. the minister responsible for finance shall, as soon as practicable after the end of every financial year, prepare in respect of that year— in relation to accounts maintained in respect of the consolidated fund, a full and particular account showing the amounts actually received and spent in that year, and a full and particular statement showing receipts and expenditure of any loan moneys; a statement of receipts and expenditure of moneys accounted in the development fund account; a statement of receipts and expenditure of moneys accounted in any government fund created by any law; so far as is practicable, a statement of the assets and liabilities of singapore at the end of the financial year; so far as is practicable, a statement of outstanding guarantees and other financial liabilities of singapore at the end of the financial year; and such other statements as the minister may think fit, and, after the accounts and statements referred to in this clause have been audited, present to the president those audited accounts and statements together with another statement stating whether the audited accounts and statements referred to in this clause show any drawing on or likelihood of drawing on the reserves of the government which were not accumulated by the government during its current term of office. 148. authorisation of expenditure from consolidated fund and development fund the heads of expenditure to be met from the consolidated fund and development fund (other than statutory expenditure and expenditure to be met by such sums as are mentioned in article 147 (2) (b) (i), (ii) or (iii)) shall be included in a bill to be known as a supply bill, providing for the issue from the consolidated fund and development fund of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified therein. wherever— any moneys are expended or are likely to be expended in any financial year upon any service or purpose which are in excess of the sum provided for that service or purpose by the supply law relating to that year; or any moneys are expended or are likely to be expended (otherwise than by way of statutory expenditure) in any financial year upon any new service or purpose not provided for by the supply law relating to that year, supplementary estimates (or, as the case may be, statements of excess) shall be prepared by the minister responsible for finance and, when approved by the cabinet, shall be presented to and voted on by parliament; in respect of all supplementary expenditure so voted, the minister responsible for finance may, at any time before the end of the financial year, introduce into parliament a supplementary supply bill containing, under appropriate heads, the estimated sums so voted and shall, as soon as possible after the end of each financial year, introduce into parliament a final supply bill containing any such sums which have not yet been included in any supply bill. the minister responsible for finance shall, in presenting to parliament any supplementary estimates or statement of excess under clause (2), also present a statement stating whether the supplementary estimates or statement of excess, as the case may be, is likely to draw on the reserves which were not accumulated by the government during its current term of office. the part of any estimates of expenditure presented to parliament which shows statutory expenditure shall not be voted on by parliament, and such expenditure shall, without further authority of parliament, be paid out of the consolidated fund. for the purposes of this article, "statutory expenditure" means expenditure charged on the consolidated fund or on the general revenues and assets of singapore by virtue of articles 18, 22j (3), 35 (10), 41, 42 (3), 108 (1), 114, 148e and 148f (4) or by virtue of the provisions of any other law for the time being in force in singapore. 148a. withholding of assent to supply bill, etc the president may, acting in his discretion, withhold his assent to any supply bill, supplementary supply bill or final supply bill for any financial year if, in his opinion, the estimates of revenue and expenditure for that year, the supplementary estimates or the statement of excess, as the case may be, are likely to lead to a drawing on the reserves which were not accumulated by the government during its current term of office, except that if the president assents to any such bill notwithstanding his opinion that the estimates, supplementary estimates or statement of excess are likely to lead to a drawing on those reserves, the president shall state his opinion in writing addressed to the speaker and shall cause his opinion to be published in the gazette. if the president withholds his assent to any supply bill, supplementary supply bill or final supply bill relating to any financial year and no resolution to overrule the president is passed by parliament under article 37if within 30 days of such withholding of assent, parliament may by resolution authorise expenditure or supplementary expenditure, as the case may be, (not otherwise authorised by law) from the consolidated fund and development fund during that financial year: provided that— where the president withholds his assent to a supply bill, the expenditure so authorised for any service or purpose for that financial year (which shall include any amount authorised under article 148b (4)) shall not exceed the total amount appropriated for that service or purpose in the preceding financial year; or where the president withholds his assent to a supplementary supply bill or final supply bill, the expenditure so authorised for any service or purpose shall not exceed the amount necessary to replace an amount advanced from any contingencies fund under article 148c (1) for that service or purpose. for the purposes of paragraph (a) of the proviso to clause (2), the total amount appropriated for any service or purpose in any financial year shall be ascertained by adding the sums appropriated for such service or purpose by the supply law, supplementary supply law and final supply law (if any) for that financial year. upon the passing of a resolution under clause (2), the minister responsible for finance shall introduce in parliament a supply bill, supplementary supply bill or final supply bill, as the case may be, containing, under appropriate heads, the sums so voted on by parliament. in forming his opinion under clause (1) in relation to any supplementary supply bill or final supply bill, the president shall not have regard to any amount for any service or purpose included in the supplementary supply bill or final supply bill which is to replace any amount advanced from any contingencies fund under article 148c (1). deleted by act 28 of 2016 wef 01/04/2017. 148b. power to authorise expenditure on account, etc., or for unspecified purposes subject to clause (3), parliament may, by resolution approving estimates containing a vote on account, authorise expenditure for part of any year before the passing of the supply law for that year, but the aggregate sums so voted shall be included under the appropriate heads, in the supply law for that year. subject to clause (3), parliament may, by resolution approving a vote of credit, authorise expenditure for the whole or part of the year, otherwise than in accordance with articles 147 and 148, if, owing to the magnitude or indefinite character of any service or to circumstances of unusual urgency, it appears to parliament desirable to do so. no resolution of parliament made under clause (1) or (2) shall have effect unless the president, acting in his discretion, concurs therewith. if no supply bill has become law by the first day of the financial year to which it relates (whether by reason of the president withholding his assent thereto or otherwise), the minister responsible for finance may, with the prior approval of the cabinet, authorise such expenditure (not otherwise authorised by law) from the consolidated fund, development fund or other government fund as he may consider essential for the continuance of the public services or any purpose of development shown in the estimates until there is a supply law for that financial year: provided that the expenditure so authorised for any service or purpose shall not exceed one-quarter of the amount voted for that service or purpose in the supply law for the preceding financial year. 148c. contingencies funds the legislature may by law create a contingencies fund each for the consolidated fund and for the development fund and authorise the minister responsible for finance to make advances from the appropriate contingencies fund if— he is satisfied that there is an urgent and unforeseen need for expenditure for which no provision or no sufficient provision has been made by a supply law; and the president, acting in his discretion, concurs with the making of such advances. where any advance is made by virtue of the authority conferred under clause (1), a supplementary estimate of the sum required to replace the amount so advanced shall, as soon as practicable, be presented to and voted on by parliament and the sum shall be included in a supplementary supply bill or final supply bill. if the minister responsible for finance intends to make any advance from a contingencies fund, he shall present to the president a statement stating whether the proposed advance, if replaced, is likely to draw on the reserves which were not accumulated by the government during its current term of office. the president may, acting in his discretion, refuse to concur with the making of an advance from a contingencies fund which in his opinion, if replaced, is likely to draw on the reserves which were not accumulated by the government during its current term of office. repealed by act 28 of 2016 wef 01/04/2017. 148e. debt charges and moneys required to satisfy judgments the following are hereby charged on the consolidated fund: all debt charges for which the government is liable; and any moneys required to satisfy any judgment, decision or award against the government by any court or tribunal. for the purposes of this article, "debt charges" includes interest, sinking fund charges, repayment or amortisation of debt and all expenditure in connection with the raising of loans on the security of the consolidated fund and the service and redemption of debt created thereby. 148f. appointment of auditor-general there shall be an auditor-general who shall be appointed or re-appointed, as the case may be, by the president in accordance with the advice of the prime minister unless the president, acting in his discretion, does not concur with that advice. the prime minister shall, before tendering any advice under clause (1), consult the chairman of the public service commission. it shall be the duty of the auditor-general to audit and report on the accounts of all departments and offices of the government, the public service commission, the legal service commission, the supreme court, all subordinate courts and parliament. the auditor-general shall perform such other duties and exercise such other powers in relation to the accounts of the government and accounts of other public authorities and other bodies administering public funds as may be prescribed by or under any written law. subject to clauses (7) and (8), the auditor-general shall hold office for a term of 6 years and shall cease to hold that office at the end of that term, but without prejudice to his eligibility for re-appointment for further terms of 6 years each. deleted by act 2/2001, wef 02/08/2001. the auditor-general may at any time resign his office by writing under his hand addressed to the president. the auditor-general may be removed from office by the president, if the president concurs with the advice of the prime minister, but the prime minister shall not tender such advice except for inability of the auditor-general to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and except with the concurrence of a tribunal consisting of the chief justice and 2 other judges of the supreme court nominated for that purpose by the chief justice. the tribunal constituted under clause (8) shall regulate its own procedure and may make rules for that purpose. parliament shall by resolution provide for the remuneration of the auditor-general and the remuneration so provided shall be charged on the consolidated fund. subject to the provisions of this constitution, the terms of service of the auditor-general may be prescribed in regulations made by the president and published in the gazette, and in so far as they are not prescribed by such law, be determined by the president. regulations made under clause (10a) may provide that any gratuity payable in respect of service as the auditor-general shall be charged on the consolidated fund. the remuneration and other terms of service of the auditor-general shall not be altered to his disadvantage during his continuance in office. 148g. duty to inform president of certain transactions it shall be the duty of the auditor-general and the accountant-general to inform the president of any proposed transaction by the government which to their knowledge is likely to draw on the reserves of the government which were not accumulated by the government during its current term of office. where the president has been so informed under clause (1) of any such proposed transaction, the president, acting in his discretion, may disapprove the proposed transaction. where the president does not disapprove of any proposed transaction under clause (2) even though he is of the opinion that the proposed transaction is likely to draw on the reserves of the government which were not accumulated by the government during its current term of office, the president shall cause his decision and opinion to be published in the gazette. 148h. publication of president's opinion regarding certain liabilities of the government where the president considers that certain liabilities of the government, though not requiring his approval, are likely to draw on the reserves of the government which were not accumulated by the government during its current term of office, he shall state his opinion in writing to the prime minister and shall cause the opinion to be published in the gazette. 148i. transfer of government's past reserves notwithstanding any provision in this part, a proposed transfer or transfer (whether by or under any written law or otherwise) by the government of any of its reserves to— a government company specified in part ii of the fifth schedule (referred to in this clause and clause (2) as the transferee company); or a statutory board specified in part i of the fifth schedule (referred to in this clause and clause (2) as the transferee board), shall not be taken into account in determining whether the reserves accumulated by the government before its current term of office are likely to be or have been drawn on if— in the case of a proposed transfer or transfer of reserves by the government to a transferee company — the board of directors of the transferee company by resolution resolves that those reserves of the government shall be added to the reserves accumulated by the transferee company before the current term of office of the government; or in the case of a proposed transfer or transfer of reserves by the government to a transferee board — the transferee board by resolution resolves, or any written law provides, that those reserves of the government shall be added to the reserves accumulated by the transferee board before the current term of office of the government. any reserves transferred by the government together with or under any undertaking, resolution or written law referred to in clause (1) shall be deemed to form part of the reserves accumulated by the transferee company or (as the case may be) transferee board before the current term of office of the government as follows: where the supply bill for any financial year provides for the proposed transfer of reserves and the supply bill is assented to by the president — at the beginning of that financial year; where a supplementary supply bill provides for the proposed transfer and the bill is assented to by the president — on the date of such assent by the president; or in any other case — on the date those reserves are so transferred. part xii. special powers against subversion and emergency powers 149. legislation against subversion if an act recites that action has been taken or threatened by any substantial body of persons, whether inside or outside singapore — to cause, or to cause a substantial number of citizens to fear, organised violence against persons or property; to excite disaffection against the president or the government; to promote feelings of ill-will and hostility between different races or other classes of the population likely to cause violence; to procure the alteration, otherwise than by lawful means, of anything by law established; or which is prejudicial to the security of singapore, any provision of that law designed to stop or prevent that action or any amendment to that law or any provision in any law enacted under clause (3) is valid notwithstanding that it is inconsistent with article 9, 11, 12, 13 or 14, or would, apart from this article, be outside the legislative power of parliament. a law containing such a recital as is mentioned in clause (1) shall, if not sooner repealed, cease to have effect if a resolution is passed by parliament annulling such law, but without prejudice to anything previously done by virtue thereof or to the power of parliament to make a new law under this article. if, in respect of any proceedings whether instituted before or after 27th january 1989, any question arises in any court as to the validity of any decision made or act done in pursuance of any power conferred upon the president or the minister by any law referred to in this article, such question shall be determined in accordance with the provisions of any law as may be enacted by parliament for this purpose; and nothing in article 93 shall invalidate any law enacted pursuant to this clause. 150. proclamation of emergency if the president is satisfied that a grave emergency exists whereby the security or economic life of singapore is threatened, he may issue a proclamation of emergency. if a proclamation of emergency is issued when parliament is not sitting, the president shall summon parliament as soon as practicable, and may, until parliament is sitting, promulgate ordinances having the force of law, if satisfied that immediate action is required. a proclamation of emergency and any ordinance promulgated under clause (2) shall be presented to parliament and, if not sooner revoked, shall cease to have effect if a resolution is passed by parliament annulling such proclamation or ordinance, but without prejudice to anything previously done by virtue thereof or to the power of the president to issue a new proclamation under clause (1) or promulgate any ordinance under clause (2). subject to clause (5) (b), while a proclamation of emergency is in force, parliament may, notwithstanding anything in this constitution, make laws with respect to any matter, if it appears to parliament that the law is required by reason of the emergency; and any provision of this constitution (except articles 22e, 22h, 144 (2) and 148a) or of any written law which requires any consent or concurrence to the passing of a law or any consultation with respect thereto, or which restricts the coming into force of a law after it is passed or the presentation of a bill to the president for his assent, shall not apply to a bill for such a law or an amendment to such a bill. subject to paragraph (b), no provision of any ordinance promulgated under this article, and no provision of any act which is passed while a proclamation of emergency is in force and which declares that the law appears to parliament to be required by reason of the emergency, shall be invalid on the ground of inconsistency with any provision of this constitution. paragraph (a) shall not validate any provision inconsistent with— deleted by act 28 of 2016 wef 01/04/2017. deleted by act 28 of 2016 wef 01/04/2017. the provisions of this constitution relating to religion, citizenship or language. at the expiration of a period of 6 months beginning with the date on which a proclamation of emergency ceases to be in force, any ordinance promulgated in pursuance of the proclamation and, to the extent that it could not have been validly made but for this article, any law made while the proclamation was in force, shall cease to have effect, except as to things done or omitted to be done before the expiration of that period. 151. restrictions on preventive detention where any law or ordinance made or promulgated in pursuance of this part provides for preventive detention— the authority on whose order any person is detained under that law or ordinance shall as soon as may be, inform him of the grounds for his detention and, subject to clause (3), the allegations of fact on which the order is based, and shall give him the opportunity of making representations against the order as soon as may be; and no citizen of singapore shall be detained under that law or ordinance for a period exceeding 3 months unless an advisory board constituted as mentioned in clause (2) has considered any representations made by him under paragraph (a) and made recommendations thereon to the president. an advisory board constituted for the purposes of this article shall consist of a chairman, who shall be appointed by the president and who shall be or have been, or be qualified to be, a judge of the supreme court, and 2 other members, who shall be appointed by the president after consultation with the chief justice. this article does not require any authority to disclose facts the disclosure of which would, in its opinion, be against the national interest. where an advisory board constituted for the purposes of this article recommends the release of any person under any law or ordinance made or promulgated in pursuance of this part, the person shall not be detained or further detained without the concurrence of the president, acting in his discretion, if the recommendations of the advisory board are not accepted by the authority on whose advice or order the person is detained. 151a. defence and security measures articles 22b (7), 22d (6), 148g (2) and (3) and 148h shall not apply to any defence and security measure. for the purposes of clause (1), a defence and security measure means any liability or proposed transaction which the prime minister and the minister responsible for defence, on the recommendations of the permanent secretary to the ministry of defence and the chief of defence force, certify to be necessary for the defence and security of singapore, and any certificate under the hands of the prime minister and the minister responsible for defence shall be conclusive evidence of the matters specified therein. part xiii. general provisions 152. minorities and special position of malays it shall be the responsibility of the government constantly to care for the interests of the racial and religious minorities in singapore. the government shall exercise its functions in such manner as to recognise the special position of the malays, who are the indigenous people of singapore, and accordingly it shall be the responsibility of the government to protect, safeguard, support, foster and promote their political, educational, religious, economic, social and cultural interests and the malay language. 153. muslim religion the legislature shall by law make provision for regulating muslim religious affairs and for constituting a council to advise the president in matters relating to the muslim religion. 153a. official languages and national language malay, mandarin, tamil and english shall be the 4 official languages in singapore. the national language shall be the malay language and shall be in the roman script: provided that— no person shall be prohibited or prevented from using or from teaching or learning any other language; and nothing in this article shall prejudice the right of the government to preserve and sustain the use and study of the language of any other community in singapore. 154. impartial treatment of government employees subject to the provisions of this constitution, all persons of whatever race in the same grade of the service of the government shall, subject to the terms and conditions of their employment, be treated impartially. 154a. exemption the president, acting in his discretion, may by order published in the gazette exempt any transaction or class of transactions, from the application of article 144. 155. authorised reprints of constitution the attorney-general may, with the authority of the president, as soon as may be after 4th may 1979 cause to be printed and published a consolidated reprint of the constitution of singapore, as amended from time to time, amalgamated with such of the provisions of the constitution of malaysia as are applicable to singapore, into a single, composite document. the president may, from time to time, authorise the attorney-general to cause to be printed and published an up-to-date reprint of the constitution of the republic of singapore, incorporating therein all amendments in force at the date of such authorisation. any reprint of the constitution of the republic of singapore, printed and published under clause (1) or (2), shall be deemed to be and shall be, without any question whatsoever in all courts of justice and for all purposes whatsoever, the authentic text of the constitution of the republic of singapore in force as from the date specified in that reprint until superseded by the next or subsequent reprint. in the preparation and compilation of any reprint under clause (1) or (2), the attorney-general shall have, with the necessary modifications, the powers conferred upon the law revision commissioners by section 4 of the revised edition of the laws act (cap. 275). in the preparation and compilation of the consolidated reprint under clause (1), the attorney-general shall have the power in his discretion— to merge the existing provisions of both constitutions, making thereto such modifications as may be necessary or expedient in consequence of the independence of singapore upon separation from malaysia; to re-arrange the parts, articles and provisions of the constitution of singapore and of the constitution of malaysia in such connected sequence as he thinks fit, omitting inappropriate or inapplicable provisions, in the latter constitution; where provisions exist in both constitutions on the same subject-matter, to include in the consolidated reprint the provisions of the constitution of singapore on such subject-matter and to omit the duplicated provisions appearing in the constitution of malaysia from the consolidated reprint; and generally, to do all other things necessitated by, or consequential upon, the exercise of the powers conferred upon the attorney-general by this article or which may be necessary or expedient for the perfecting of the consolidated reprint of the constitution of the republic of singapore. 156. date of coming into operation of constitution omitted. part xiv. transitional provisions 157. existing standing orders the standing orders of the legislative assembly established by the singapore (constitution) order in council 1958 (s.i. 1958 no. 1956) which are in force immediately before the commencement of this constitution shall, subject to amendment or revocation under article 52, be the standing orders of parliament. 158. public officers to continue in office subject to the provisions of this constitution, every person who immediately before the commencement of this constitution holds a public office shall on its commencement continue to hold the like office in the public service. 159. terms of service of persons who continue in office except where other provision is made by this constitution, any person who holds any office as from the commencement of this constitution by virtue of having been the holder of any office immediately before its commencement shall, as from its commencement, be entitled to the same terms of service as were applicable to him immediately before its commencement, and those terms, in so far as they relate to remuneration, shall not be altered to his disadvantage during his continuance in the public service thereafter. for the purposes of this article, in so far as the terms of service of any person depend upon his option, any terms for which he opts shall be taken to be more advantageous to him than any for which he might have opted. 160. succession to property subject to this article, all property and assets which immediately before the commencement of this constitution were vested in the state of singapore shall vest in the republic of singapore. 161. rights, liabilities and obligations omitted. 162. existing laws subject to this article, all existing laws shall continue in force on and after the commencement of this constitution and all laws which have not been brought into force by the date of the commencement of this constitution may, subject as aforesaid, be brought into force on or after its commencement, but all such laws shall, subject to this article, be construed as from the commencement of this constitution with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with this constitution. 163. person holding office of president immediately prior to 30th november 1991 to continue to hold such office the person holding the office of president immediately prior to 30th november 1991 shall continue to hold such office for the remainder of his term of office and shall exercise, perform and discharge all the functions, powers and duties conferred or imposed upon the office of president by this constitution as amended by the constitution of the republic of singapore (amendment) act 1991 (act 5 of 1991) (referred to in this article as the act), as if he had been elected to the office of president by the citizens of singapore, except that if that person vacates the office of president before the expiration of his term of office, a poll shall be conducted for the election of a new president within 6 months from the date the office of president became vacant. the act shall not affect the appointment of any person made before 30th november 1991 and that person shall continue to hold his office as if he had been appointed in accordance with the provisions of this constitution as amended by the act. this constitution as amended by the act shall have effect subject to the following modifications: the initial term of office of the government shall be the period beginning from 30th november 1991 and ending on the date immediately before the prime minister and ministers first take and subscribe the oath of allegiance in accordance with article 27 after the first general election following that date; articles 22b and 22d shall apply from the first financial year of a statutory board or government company beginning not less than 3 months after that date; in relation to the first financial year of a statutory board or government company beginning not less than 3 months after that date, any reference in articles 22b and 22d to the approved budget of the preceding financial year of the statutory board or government company shall, in the absence of such a budget, be read as a reference to the budget of that preceding financial year; and article 148a shall apply in respect of the first financial year of the government beginning on or after that date as if the resolution of parliament authorising expenditure from the development fund for the preceding financial year forms part of the supply law or final supply law for such preceding financial year. 164. transitional provisions for article 19b the legislature must, by law — specify the first term of office of the president to be counted for the purposes of deciding whether an election is reserved under article 19b; and if any of the terms of office that are counted for the purposes of deciding whether an election is reserved under article 19b commenced before the appointed date, further specify the communities to which the persons who held those terms of office are considered to belong. in this article, “appointed date” means the date of commencement of section 9 of the constitution of the republic of singapore (amendment) act 2016. 165. transitional provisions for council of presidential advisers an existing member continues to be a member for the remaining duration of the existing member’s last appointment. article 37b(2) applies to the appointment or re-appointment of any person as a member on or after the appointed date. the first 3 appointments made under article 37b(2) by the president acting in his discretion must be made as follows: the first appointment must be made under article 37b(2)(a)(i) as soon as practicable after the appointed date; the second appointment must be made under article 37b(2)(b)(i) as soon as practicable after any existing member appointed by the president acting in his discretion completes the member’s term or vacates the member’s seat; the third appointment must be made under article 37b(2)(c)(i) as soon as practicable after the remaining existing member appointed by the president acting in his discretion completes the member’s term or vacates the member’s seat. the first 3 appointments made under article 37b(2) by the president on the advice of the prime minister must be made as follows: the first appointment must be made under article 37b(2)(a)(ii) as soon as practicable after the appointed date; the second appointment must be made under article 37b(2)(b)(ii) as soon as practicable after any existing member appointed by the president on the prime minister’s advice completes the member’s term or vacates the member’s seat; the third appointment must be made under article 37b(2)(c)(ii) as soon as practicable after the remaining existing member appointed by the president on the prime minister’s advice completes the member’s term or vacates the member’s seat. the first appointment made under article 37b(2)(a)(iii) must be made as soon as practicable after the existing member appointed by the president on the chief justice’s advice completes the member’s term or vacates the member’s seat. the first appointment made under article 37b(2)(b)(iii) must be made as soon as practicable after the existing member appointed by the president on the advice of the chairman of the public service commission completes the member’s term or vacates the member’s seat. in this article, unless the context otherwise requires — “appointed date” means the date of commencement of section 17 of the constitution of the republic of singapore (amendment) act 2016; “existing member” means a member on the date immediately before the appointed date; “member” means a member of the council of presidential advisers. first schedule. forms of oaths (articles 20 (3); 27; 37h; 40 (3); 42 (2) (b); 61; 75; 97; 105 (8) and 110c (8)) 1. oath of office of president i, ......................................................................................................................................, having been elected president of the republic of singapore, do solemnly swear (or affirm) that i will faithfully discharge my duties as such to the best of my ability without fear or favour, affection or ill-will, and without regard to any previous affiliation with any political party, and that i will bear true faith and allegiance to the republic, and that i will preserve, protect and defend the constitution of the republic of singapore. 1a. oath of office of person exercising functions of office of president i, ...................................................................................................................................., chairman of the council of presidential advisers/speaker of parliament, being required by/having been appointed under the constitution of the republic of singapore to exercise the functions of the office of president, do solemnly swear (or affirm) that i will faithfully discharge my duties as such to the best of my ability without fear or favour, affection or ill-will, and that i will bear true faith and allegiance to the republic, and that i will preserve, protect and defend the constitution of the republic of singapore. 2. oath of allegiance i, ......................................................................................................, having been appointed to the office of ..........................................................................................., do solemnly swear (or affirm) that i will bear true faith and allegiance to the republic of singapore and that i will preserve, protect and defend the constitution of the republic of singapore. 3. oath as member of parliament i, ..................................................................................................................., having been elected as a member of the parliament of singapore, do solemnly swear (or affirm) that i will faithfully discharge my duties as such to the best of my ability, that i will bear true faith and allegiance to the republic of singapore, and that i will preserve, protect and defend the constitution of the republic of singapore. 4. oath for due execution of office of prime minister i, ..........................................................., being chosen and appointed as prime minister of singapore, do solemnly swear (or affirm) that i will at all times faithfully discharge my duties as prime minister according to law, and to the best of my knowledge and ability, without fear or favour, affection or ill-will. 4a. oath for due execution of office of minister or parliamentary secretary i, ..........................................................., being chosen and appointed as minister/parliamentary secretary of singapore, do solemnly swear (or affirm) that i will at all times faithfully discharge my duties as minister/parliamentary secretary according to law, and to the best of my knowledge and ability, without fear or favour, affection or ill-will. 5. oath for the due execution of the office of chairman or other member of the public service commission i, .................................................................................................., having been appointed to be chairman/a member of the public service commission do solemnly swear (or affirm) that i will freely and without fear or favour, affection or ill-will, give my counsel and advice in connection with all matters that may be referred to the public service commission and that i will not, directly or indirectly, reveal any such matters to any unauthorised person or otherwise than in the course of duty. 6. oath of office of chief justice, a judge of the supreme court and a judicial commissioner and a senior judge of the supreme court i, ................................................................................................................., having been appointed to the office of ................................................................................................., do solemnly swear (or affirm) that i will faithfully discharge my judicial duties, and i will do right to all manner of people after the laws and usages of the republic of singapore without fear or favour, affection or ill-will to the best of my ability, and will preserve, protect and defend the constitution of the republic of singapore. 6a. oath of office of international judge of the supreme court i, ..................................................................................................., having been appointed to the office of ......................................................................, do solemnly swear (or affirm) that i will faithfully discharge my judicial duties, and i will do right to all manner of people after the laws and usages of the republic of singapore without fear or favour, affection or ill-will to the best of my ability. 7. oath of secrecy of chairman or member of the presidential council for minority rights i, ................................................................................................................., having been appointed to be chairman/a member of the presidential council for minority rights, do solemnly swear (or affirm) that i will not, directly or indirectly, reveal any matter considered in the presidential council for minority rights to any unauthorised person or otherwise than in the course of duty. 8. oath of secrecy of chairman or member of council of presidential advisers i, ................................................................................................................., having been appointed to be chairman/a member of the council of presidential advisers do solemnly swear (or affirm) that i will not, directly or indirectly, reveal any matter considered in the council to any unauthorised person or otherwise than in the course of duty. second schedule. oath of renunciation, allegiance and loyalty (articles 122 (2); 126 (1) and (3) and 127 (4) i, ................................................................................................, do solemnly swear (or affirm) that i will not exercise the rights, powers and privileges to which i may be entitled by reason of any foreign nationality or citizenship, and that i absolutely and entirely renounce all loyalty to any foreign sovereign or state or country and, i, .............................................................................................., do further solemnly swear (or affirm) that i will be faithful and bear true allegiance to the republic of singapore, and that i will observe the laws and be a true, loyal and faithful citizen of singapore. third schedule. citizenship (article 140) 1. minister to exercise functions of government in respect of citizenship the functions of the government under part x shall be exercised by such minister as the president may, from time to time, direct and references in this schedule to the minister shall be construed accordingly. 2. decision not subject to appeal a decision of the government under part x shall not be subject to appeal or review in any court. 3. delegation of minister's functions to public officer and right of appeal to minister against public officer's decision the minister may delegate to any public officer of the government any of his functions under part x or under this schedule relating to citizenship by registration and enrolment and the keeping of registers and, in relation to orders under clauses (1), (2), (3) (b), (6) and (7) of article 129 or article 132, any of his functions under article 133 prior to determining whether to make such an order; but any person aggrieved by the decision of a public officer to whom the functions of the minister are so delegated may appeal to the minister. 4. power to make rules the minister may make rules and prescribe forms for the purpose of the exercise of his functions under part x and of this schedule and, in particular, may provide for the circumstances (including cases of persons ordinarily resident outside singapore) under which a committee of inquiry under article 133 is to proceed by way of written representations. 5. extension of time for registration of birth the power of the government under articles 122 and 141 to allow a longer period for the registration of a birth may be exercised either before or after the registration has been effected. 6. how notice to be given any notice to be given by the minister to any person under article 133 (1) may be sent to that person at his last known address or, in the case of a person under the age of 18 years (not being a married woman) to his parent or guardian at the last known address of the parent or guardian; and if an address at which the notice may be sent to any person under this paragraph is not known and cannot after reasonable inquiry be ascertained, the notice may be given by publication in the gazette. 7. registers to be maintained it shall be the duty of the minister to compile and maintain— a register of citizens of singapore by registration; a register of citizens of singapore by naturalisation; a register of persons to whom certificates of citizenship of singapore have been issued under article 138; a register of persons who have been deprived or deemed to have been deprived of citizenship under any provision of part x; a register of citizens of singapore who have renounced citizenship; a register of persons enrolled as citizens before the commencement of this constitution under article 56* of the constitution of the state of singapore; *article 56 of the constitution of the state of singapore (g.n. sp. no. s 1/63) was repealed by g.n. no. s 50/66, with effect from 9th august 1965. a register of persons whose enrolment has been cancelled under the provisions of this constitution; an alphabetical index of all persons referred to in paragraphs (a) to (g); and a register of persons who have been conferred citizenship under article 121 (3). 8. minister may correct any register where necessary if the minister has reason to believe that an error appears in any register compiled under section 7, he shall, after giving notice to the persons concerned and after considering such representations from him as he may choose to make, make such alteration to the register as appears to the minister to be necessary to correct the error. 9. conclusive evidence subject to section 8, the said register shall be conclusive evidence of the matters therein contained. 10. offences it shall be an offence punishable with imprisonment for 2 years or a fine of $1,000 or both for any person— knowingly to make any false statement with a view to inducing the minister to grant or refuse any application under part x; to forge or without lawful authority, alter any certificate or without any lawful authority use or have in his possession any certificate which has been so forged or altered; to fail to comply with any requirement imposed upon him by any rules made under section 4 with respect to the delivering up of certificates; or to personate or falsely represent himself to be or not to be a person to whom a certificate has been duly granted. in this section, "certificate" means— any certificate of enrolment or registration as a citizen granted under article 56* of the constitution of the state of singapore or under article 123 or 124; *article 56 of the constitution of the state of singapore (g.n. sp. no. s 1/63) was repealed by g.n. no. s 50/66, with effect from 9th august 1965. any certificate of registration of birth granted under article 122 or 140; any certificate of registration or naturalisation granted under the singapore citizenship ordinance 1957 (ord. 35 of 1957); any certificate of citizenship granted under the singapore citizenship ordinance 1957 or article 138. 11. persons born on ships or aircraft for the purposes of part x, a person born on board a registered ship or aircraft, or on board an unregistered ship or aircraft of the government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country. 12. posthumous children a reference in part x to the status or description of a parent of a person at the time of the person's birth shall, in the case of a parent who died before the birth of the person, be read as a reference to the status or description of the parent at the time of the parent's death. where the death of a parent of a person occurred before and the birth of the person occurred on or after 16th september 1963, the status or description that would have been applicable to the parent by virtue of subsection (1) if the parent had died after that date shall be deemed to be the status or description applicable to the parent at the time of the parent's death. 13. foundlings any new born child found exposed in singapore of unknown and unascertainable parentage shall, until the contrary is proved, be deemed to be a citizen of singapore by birth; and the date of finding shall be taken to be the date of birth of such child. 14. citizenship at birth for the purposes of part x, a person is to be treated as having at birth any citizenship which he acquires within one year afterwards by virtue of any provision corresponding to the proviso to article 122 (1) or otherwise. 15. illegitimate children and adopted children for the purposes of part x, references to a person's father or to his parent or to one of his parents shall, in relation to a person who is illegitimate, be construed as references to his mother. in relation to an adopted child who has been adopted by an order of a court in accordance with the provisions of any law in force in singapore, references to a person's father or to his parent or to one of his parents shall be construed as references to the adopter. 16. periods of absence to be treated as periods of residence in calculating for the purposes of part x, a period of residence in singapore— a period of absence from singapore of less than 12 months in the aggregate; and a period of absence from singapore exceeding 12 months in the aggregate for any cause generally or specially approved by the government, may be treated as residence in singapore and a person shall be deemed to be resident in singapore on a particular day if he had been resident in singapore before that day and that day is included in any such period of absence as aforesaid. 17. certain period of residence not to be taken into account in calculating for the purposes of part x any period of residence in singapore, no account shall be taken— of any period of residence in singapore whilst a person was or was the member of the family of— a person recruited outside singapore serving on full pay in any naval, military or air force other than the naval, military or air force of singapore; or a person recruited outside singapore serving in a civil capacity in any department of any government operating in singapore other than a department of the government; of any period during which a person was not lawfully resident in singapore; of any period spent as an inmate of any prison or as a person detained in lawful custody in any place other than a mental hospital or an approved institution for the purpose of the treatment and rehabilitation of drug addicts under the provisions of any written law; or except with the consent of the minister, of any period during which a person is allowed to remain temporarily in singapore under the authority of any pass issued under the provisions of any written law relating to immigration. 18. discretion of minister the minister shall not be required to assign any reason for the grant or refusal of any application under part x the decision on which is at his discretion; and the decision of the minister on any such application shall be final. deleted by act 9/2010, wef 01/07/2010. fourth schedule. appointment of nominated members of parliament (articles 39 (1) (c) and 44 (1)) 1 deleted by act 9/2010, wef 01/07/2010. subject to the provisions of this constitution, the president shall, within 6 months after parliament first sits after any general election, appoint as nominated members of parliament the persons nominated by a special select committee of parliament. the special select committee of parliament shall consist of the speaker as chairman and 7 members of parliament to be nominated by the committee of selection of parliament. subject to article 46, every person appointed as a nominated member of parliament shall serve for a term of 2 1/2 years commencing on the date of his appointment. the president shall, if advised by the special select committee of parliament, extend the term of service of every nominated member of parliament appointed before the date of commencement of section 4 (a) of the constitution of the republic of singapore (amendment) act 2002 for a further period of 6 months so that the total period of any such nominated member's term of service shall be 2 1/2 years commencing from the date of his original appointment as such. 2 in preparing the list of persons to be appointed as nominated members of parliament by the president, the special select committee shall invite the general public to submit names of persons who may be considered for nomination by the committee. every name submitted under subsection (1) shall be made in such form as the special select committee may determine, and shall be signed by 2 persons as proposer and seconder, respectively, and by not less than 4 other persons, all of whose names shall appear in any current register of electors. before making any nomination for the appointment of nominated members of parliament, the special select committee shall, wherever possible, consult other members of parliament in such manner as it thinks fit. 3 the special select committee shall, from the names of persons submitted to the committee under section 2, nominate not more than 9 persons for appointment by the president as nominated members of parliament. the persons to be nominated shall be persons who have rendered distinguished public service, or who have brought honour to the republic, or who have distinguished themselves in the field of arts and letters, culture, the sciences, business, industry, the professions, social or community service or the labour movement; and in making any nomination, the special select committee shall have regard to the need for nominated members to reflect as wide a range of independent and non-partisan views as possible. 4 whenever the seat of a nominated member has become vacant by reason of the expiry of his term of service, the vacancy shall, as soon as practicable, be filled by the president by making an appointment on the nomination of the special select committee referred to in section 1. whenever the seat of a nominated member has become vacant for any reason other than a dissolution of parliament or the expiry of his term of service, the special select committee may, if it thinks fit, nominate a person for the president to appoint as a nominated member to fill the vacancy. as soon as practicable after 10th september 1990, the president shall on the nomination of the special select committee appoint not more than 6 persons as nominated members of parliament. where under section 3 the special select committee has nominated less than 9 persons for appointment by the president as nominated members, the committee may, if it thinks fit, from time to time nominate one or more persons for the president to appoint as nominated members but the number of persons so nominated together with the number of persons already nominated under section 3 shall not exceed 9. sections 2 and 3 (2) shall apply to any nomination made by the special select committee under section 4, 5 or 6; and for the purpose of section 4 (1) the committee may invite the general public to submit names of persons who may be considered for nomination by the committee before the seat of the nominated member has become vacant. fifth schedule. key statutory boards and government companies (articles 22a and 22c) part 1 deleted by act 24 of 2002, wef 01/10/2002. central provident fund board. housing and development board. jurong town corporation. monetary authority of singapore. part 2 gic private limited. deleted by act 28 of 2016 wef 01/04/2017. temasek holdings (private) limited. fundamental principles art 1 italy is a democratic republic founded on labour. sovereignty belongs to the people and is exercised by the people in the forms and within the limits of the constitution. art 2 the republic recognises and guarantees the inviolable rights of the person, both as an individual and in the social groups where human personality is expressed. the republic expects that the fundamental duties of political, economic and social solidarity be fulfilled. art 3 all citizens have equal social dignity and are equal before the law, without distinction of sex, race, language, religion, political opinion, personal and social conditions. it is the duty of the republic to remove those obstacles of an economic or social nature which constrain the freedom and equality of citizens, thereby impeding the full development of the human person and the effective participation of all workers in the political, economic and social organisation of the country. art 4 the republic recognises the right of all citizens to work and promotes those conditions which render this right effective. every citizen has the duty, according to personal potential and individual choice, to perform an activity or a function that contributes to the material or spiritual progress of society. art 5 the republic is one and indivisible. it recognises and promotes local autonomies, and implements the fullest measure of administrative decentralisation in those services which depend on the state. the republic adapts the principles and methods of its legislation to the requirements of autonomy and decentralisation. art 6 the republic safeguards linguistic minorities by means of appropriate measures. art 7 the state and the catholic church are independent and sovereign, each within its own sphere. their relations are regulated by the lateran pacts. amendments to such pacts which are accepted by both parties shall not require the procedure of constitutional amendments. art 8 all religious denominations are equally free before the law. denominations other than catholicism have the right to self-organisation according to their own statutes, provided these do not conflict with italian law. their relations with the state are regulated by law, based on agreements with their respective representatives. art 9 the republic promotes the development of culture and of scientific and technical research. it safeguards natural landscape and the historical and artistic heritage of the nation. art 10 the italian legal system conforms to the generally recognised principles of international law. the legal status of foreigners is regulated by law in conformity with international provisions and treaties. a foreigner who, in his home country, is denied the actual exercise of the democratic freedoms guaranteed by the italian constitution shall be entitled to the right of asylum under the conditions established by law. a foreigner may not be extradited for a political offence. art 11 italy rejects war as an instrument of aggression against the freedom of other peoples and as a means for the settlement of international disputes. italy agrees, on conditions of equality with other states, to the limitations of sovereignty that may be necessary to a world order ensuring peace and justice among the nations. italy promotes and encourages international organisations furthering such ends. art 12 the flag of the republic is the italian tricolour: green, white and red, in three vertical bands of equal size. part i. rights and duties of citizens title i. civil relations art 13 personal liberty is inviolable. no one may be detained, inspected, or searched nor otherwise subjected to any restriction of personal liberty except by order of the judiciary stating a reason and only in such cases and in such manner as provided by the law. in exceptional circumstances and under such conditions of necessity and urgency as shall conclusively be defined by the law, the police may take provisional measures that shall be referred within 48 hours to the judiciary for validation and which, in default of such validation in the following 48 hours, shall be revoked and considered null and void. any act of physical and moral violence against a person subjected to restriction of personal liberty shall be punished. the law shall establish the maximum duration of preventive detention. art 14 the home is inviolable. home inspections, searches, or seizures shall not be admissible save in the cases and manners complying with measures to safeguard personal liberty. controls and inspections for reason of public health and safety, or for economic and fiscal purposes, shall be regulated by appropriate laws. art 15 freedom and confidentiality of correspondence and of every other form of communication is inviolable. limitations may only be imposed by judicial decision stating the reasons and in accordance with the guarantees provided by the law. art 16 every citizen has the right to reside and travel freely in any part of the country, except for such general limitations as may be established by law for reasons of health or security. no restriction may be imposed for political reasons. every citizen is free to leave the territory of the republic and return to it, notwithstanding any legal obligations. art 17 citizens have the right to assemble peaceably and unarmed. no previous notice is required for meetings, including those held in places open the public. in case of meetings held in public places, previous notice shall be given to the authorities, who may prohibit them only for proven reason of security or public safety. art 18 citizens have the right to form associations freely and without authorization for those ends that are not forbidden by criminal law. secret associations and associations that, even indirectly, pursue political aims by means of organisations having a military character shall be forbidden. art 19 anyone is entitled to freely profess their religious belief in any form, individually or with others, and to promote them and celebrate rites in public or in private, provided they are not offensive to public morality. art 20 no special limitation or tax burden may be imposed on the establishment, legal capacity or activities of any organisation on the ground of its religious nature or its religious or confessional aims. art 21 anyone has the right to freely express their thoughts in speech, writing, or any other form of communication. the press may not be subjected to any authorisation or censorship. seizure may be permitted only by judicial order stating the reason and only for offences expressly determined by the law on the press or in case of violation of the obligation to identify the persons responsible for such offences. in such cases, when there is absolute urgency and timely intervention of the judiciary is not possible, a periodical may be confiscated by the criminal police, which shall immediately and in no case later than 24 hours refer the matter to the judiciary for validation. in default of such validation in the following 24 hours, the measure shall be revoked and considered null and void. the law may introduce general provisions for the disclosure of financial sources of periodical publications. publications, performances, and other exhibits offensive to public morality shall be prohibited. measures of preventive and repressive measure against such violations shall be established by law. art 22 no-one may be deprived of his legal capacity, citizenship, or name for political reasons. art 23 no obligation of a personal or financial nature may be imposed on any person except by law. art 24 anyone may bring cases before a court of law in order to protect their rights under civil and administrative law. defense is an inviolable right at every stage and instance of legal proceedings. the poor are entitled by law to proper means for action or defense in all courts. the law shall define the conditions and forms of reparation in case of judicial errors. art 25 no case may be removed from the court seized with it as established by law. no punishment may be inflicted except by virtue of a law in force at the time the offence was committed. no restriction may be placed on a person's liberty save for as provided by law. art 26 extradition of a citizen may be granted only if it is expressly envisaged by international conventions. in any case, extradition may not be permitted for political offences. art 27 criminal responsibility is personal. a defendant shall be considered not guilty until a final sentence has been passed. punishments may not be inhuman and shall aim at re-educating the convicted. death penalty is prohibited. art 28 officials of the state or public agencies shall be directly responsible under criminal, civil, and administrative law for acts committed in violation of rights. in such cases, civil liability shall extend to the state and to such public agency. title ii. ethical and social rights and duties art 29 the republic recognises the rights of the family as a natural society founded on marriage. marriage is based on the moral and legal equality of the spouses within the limits laid down by law to guarantee the unity of the family. art 30 it is the duty and right of parents to support, raise and educate their children, even if born out of wedlock. in the case of incapacity of the parents, the law provides for the fulfilment of their duties. the law ensures such legal and social protection measures as are compatible with the rights of the members of the legitimate family to any children born out of wedlock. the law shall establish rules and constraints for the determination of paternity. art 31 the republic assists the formation of the family and the fulfilment of its duties, with particular consideration for large families, through economic measures and other benefits. the republic protects mothers, children and the young by adopting necessary provisions. art 32 the republic safeguards health as a fundamental right of the individual and as a collective interest, and guarantees free medical care to the indigent. no one may be obliged to undergo any health treatment except under the provisions of the law. the law may not under any circumstances violate the limits imposed by respect for the human person. art 33 the republic guarantees the freedom of the arts and sciences, which may be freely taught. the republic lays down general rules for education and establishes state schools of all branches and grades. entities and private persons have the right to establish schools and institutions of education, at no cost to the state. the law, when setting out the rights and obligations for the non-state schools which request parity, shall ensure that these schools enjoy full liberty and offer their pupils an education and qualifications of the same standards as those afforded to pupils in state schools. state examinations are prescribed for admission to and graduation from the various branches and grades of schools and for qualification to exercise a profession. higher education institutions, universities and academies, have the right to establish their own regulations within the limits laid down by the law. art 34 schools are open to everyone. primary education, given for at least eight years, is compulsory and free of tuition. capable and deserving pupils, including those lacking financial resources, have the right to attain the highest levels of education. the republic renders this right effective through scholarships, allowances to families and other benefits, which shall be assigned through competitive examinations. title iii. economic rights and duties art 35 the republic protects work in all its forms and practices. it provides for the training and professional advancement of workers. it promotes and encourages international agreements and organisations which have the aim of establishing and regulating labour rights. it recognises the freedom to emigrate, subject to the obligations set out bylaw in the general interest, and protects italian workers abroad. art 36 workers have the right to a remuneration commensurate to the quantity and quality of their work and in any case such as to ensure them and their families a free and dignified existence. maximum daily working hours are established by law. workers have the right to a weekly rest day and paid annual holidays. they cannot waive this right. art 37 working women are entitled to equal rights and, for comparable jobs, equal pay as men. working conditions must allow women to fulfil their essential role in the family and ensure appropriate protection for the mother and child. the law establishes the minimum age for paid labour. the republic protects the work of minors by means of special provisions and guarantees them the right to equal pay for equal work. art 38 every citizen unable to work and without the necessary means of subsistence is entitled to welfare support. workers have the right to be assured adequate means for their needs and necessities in the case of accidents, illness, disability, old age and involuntary unemployment. disabled and handicapped persons are entitled to receive education and vocational training. responsibilities under this article are entrusted to entities and institutions established by or supported by the state. private-sector assistance may be freely provided. art 39 trade unions may be freely established. no obligations may be imposed on trade unions other than registration at local or central offices, according to the provisions of the law. a condition for registration is that the statutes of the trade unions establish their internal organisation on a democratic basis. registered trade unions are legal persons. they may, through a unified representation that is proportional to their membership, enter into collective labour agreements that have a mandatory effect for all persons belonging to the categories referred to in the agreement. art 40 the right to strike shall be exercised in compliance with the law. art 41 private economic enterprise is free. it may not be carried out against the common good or in such a manner that could damage safety, liberty and human dignity. the law shall provide for appropriate programmes and controls so that public and private-sector economic activity may be oriented and co-ordinated for social purposes. art 42 property is public or private. economic assets may belong to the state, to public bodies or to private persons. private property is recognised and guaranteed by the law, which prescribes the ways it is acquired, enjoyed and its limitations so as to ensure its social function and make it accessible to all. in the cases provided for by the law and with provisions for compensation, private property may be expropriated for reasons of general interest. the law establishes the regulations and limits of legitimate and testamentary inheritance and the rights of the state in matters of inheritance. art 43 for the purposes of the common good, the law may establish that an enterprise or a category thereof be, through a pre-emptive decision or compulsory purchase authority with provision of compensation, reserved to the government, a public agency, a workers' or users' association, provided that such enterprise operates in the field of essential public services, energy sources or monopolies and are of general public interest. art 44 for the purpose of ensuring the rational use of land and equitable social relationships, the law imposes obligations and constraints on private ownership of land; it sets limitations to the size of property according to the region and the agricultural area; encourages and imposes land reclamation, the conversion of latifundia and the reorganisation of farm units; and assists small and medium-sized properties. the law makes provisions for mountain areas. art 45 the republic recognises the social function of co-operation of a mutually supportive, non-speculative nature. the law promotes and encourages cooperation through appropriate means and ensures its character and purposes through appropriate checks. the law safeguards and promotes the handicrafts. art 46 for the economic and social betterment of workers and in harmony with the needs of production, the republic recognises the rights of workers to collaborate in the management of enterprises, in the ways and within the limits established by law. art 47 the republic encourages and safeguards savings in all forms. it regulates, co-ordinates and oversees the operation of credit. the republic promotes house and farm ownership and direct and indirect shareholding in the main national enterprises through the use of private savings. title iv. political rights and duties art 48 any citizen, male or female, who has attained majority, is entitled to vote. the vote is personal and equal, free and secret. the exercise thereof is a civic duty. the law lays down the requirements and modalities for citizens residing abroad to exercise their right to vote and guarantees that this right is effective. a constituency of italians abroad shall be established for elections to the houses of parliament; the number of seats of such constituency is set forth in a constitutional provision according to criteria established by law. the right to vote cannot be restricted except for civil incapacity or as a consequence of an irrevocable penal sentence or in cases of moral unworthiness as laid down by law. art 49 any citizen has the right to freely establish parties to contribute to determining national policies through democratic processes. art 50 any citizen may present petitions to parliament to request legislative measures or to express collective needs. art 51 any citizen of either sex is eligible for public offices and elected positions on equal terms, according to the conditions established by law. to this end, the republic shall adopt specific measures to promote equal opportunities between women and men. the law may grant italians who are not resident in the republic the same rights as citizens for the purposes of access to public offices and elected positions. whoever is elected to a public function is entitled to the time needed to perform that function and to retain a previously held job. art 52 the defence of the country is a sacred duty for every citizen. military service is obligatory within the limits and in the manner set bylaw. its fulfilment shall not prejudice a citizen's job, nor the exercise of political rights. the organisation of the armed forces shall be based on the democratic spirit of the republic. art 53 every person shall contribute to public expenditure in accordance with their capability. the tax system shall be progressive. art 54 all citizens have the duty to be loyal to the republic and to uphold its constitution and laws. those citizens to whom public functions are entrusted have the duty to fulfil such functions with discipline and honour, taking an oath in those cases established by law. part ii. organisation of the republic title i. the parliament section i. the houses art 55 parliament consists of the chamber of deputies and the senate of the republic. parliaments shall meet in joint session only in cases established by this constitution. art 56 the chamber of deputies is elected by direct and universal suffrage. the number of deputies is four hundred, eight of which are elected in the overseas constituency. all voters who have attained the age of twenty-five on the day of elections are eligible to be deputies. the division of seats among the electoral districts, with the exception of the number of seats assigned to the overseas constituency, is obtained by dividing the number of inhabitants of the republic, as shown by the latest general census of the population, by three hundred and ninety-two and distributing the seats in proportion to the population in every electoral district, on the basis of whole shares and the highest remainders. art 57 the senate of the republic is elected on a regional basis, with the exception of the seats assigned to the overseas constituency. the number of senators to be elected is two hundred, four of which are elected in the overseas constituency. no region may have fewer than three senators; molise shall have two, valle d'aosta one. the division of seats among the regions or the autonomous provinces, in accordance with the provisions of the preceding paragraph, is made in proportion to the population of the regions, as shown by the latest general census of the population, on the basis of whole shares and the highest remainders. art 58 senators are elected by universal and direct suffrage by voters who are twenty-five years of age. voters who have attained the age of forty are eligible to be elected to the senate. art 59 former presidents of the republic are senators by right and for life unless they renounce the office. the president of the republic may appoint citizens who have honoured the nation through their outstanding achievements in the social, scientific, artistic and literary fields as life senators. the total number of sitting senators appointed by the president of the republic may not, under any circumstances, be greater than five. art 60 the chamber of deputies and the senate of the republic are elected for five years. the term for each house may not be extended, except by law and only in the case of war. art 61 elections for a new parliament shall take place within seventy days from the end of the term of the previous houses. the first meeting is convened no later than twenty days after the elections. until such time as the new houses meet, the powers of the previous houses are extended. art 62 in default of any other provisions, parliament shall be convened on the first working day of february and october. each house may be convened in special session on the initiative of its president, the president of the republic or a third of its members. when one house is convened in special session, the other house is convened as a matter of course. art 63 each house shall elect a president and a bureau from among its members. when parliament meets in joint session, the president and the bureau are those of the chamber of deputies. art 64 each house adopts its own rules by an absolute majority of its members. the sittings are public; however, each of the houses and parliament in joint session may decide to convene a closed session. the decisions of each house and of parliament are not valid if the majority of the members is not present, and if they are not passed by a majority of those present, save for those instances where the constitution prescribes a special majority. members of the government, even when not members of parliament, have the right, and, when requested, the obligation to attend the sittings. they shall be heard every time they so request. art 65 the law determines the cases of disqualification with the office of deputy or senator. no one may be a member of both houses at the same time. art 66 each house verifies the credentials of its members and the causes of disqualification that may arise at a later stage. art 67 each member of parliament represents the nation and carries out his duties without a binding mandate. art 68 members of parliament cannot be held accountable for the opinions expressed or votes cast in the performance of their function. in default of the authorisation of his house, no member of parliament maybe submitted to personal or home search, nor may he be arrested or otherwise deprived of his personal freedom, nor held in detention, except when a final court sentence is enforced, or when the member is apprehended in the act of committing an offence for which arrest flagrante delicto is mandatory. such an authorization shall also be required in order to monitor a member of parliament's conversations or communications, or to seize such member's mail. art 69 members of parliament shall receive an allowance established by law. section ii. the legislative process art 70 the legislative function is exercised collectively by both houses. art 71 legislation may be introduced by the government, by a member of parliament and by those entities and bodies so empowered by constitutional amendment law. the people may initiate legislation by proposing a bill drawn up in sections and signed by at least fifty-thousand voters. art 72 a bill introduced in either house of parliament shall, under the rules of procedure of such house, be scrutinised by a committee and then by the whole house, which shall consider it section by section and then put it to the final vote. the rules shall establish shorter procedures to consider a bill that has been declared urgent. they may also establish when and how the consideration and approval of bills may be referred to committees, including standing committees, composed so as to reflect the proportion of the parliamentary groups. even in such cases, until the moment of its final approval, a bill may be referred back to the whole house, if the government or one-tenth of the members of the house or one-fifth of the committee request that it be debated and voted on by the house itself or that it be submitted to the house for final approval, following explanations of vote. the rules shall establish the ways in which the proceedings of committees are made public. the ordinary procedure for consideration and direct approval by the house is always followed in the case of bills on constitutional and electoral matters, delegating legislation, ratification of international treaties and the approval of budgets and accounts. art 73 laws are promulgated by the president of the republic within one month of their approval. if the houses, each by an absolute majority of its members, declare a law to be urgent, the law is promulgated within the deadline established therein. a laws is published immediately after promulgation and comes into force on the fifteenth day following publication, unless such law establishes a different deadline. art 74 the president of the republic may send parliament a reasoned opinion to request that a law scheduled for promulgation be considered anew. if such law is passed again, it shall be promulgated. art 75 a general referendum may be held to repeal, in whole or in part, a law or a measure having the force of law, when so requested by five hundred thousand voters or five regional councils. no referendum may be held on a law regulating taxes, the budget, amnesty or pardon, or a law ratifying an international treaty. any citizen entitled to vote for the chamber of deputies has the right to vote in a referendum. the referendum shall be considered to have been carried if the majority of those eligible has voted and a majority of valid votes has been achieved. the procedures for conducting a referendum shall be established by law. art 76 the exercise of the legislative function may not be delegated to the government unless principles and criteria have been established and then only for a limited time and for specified purposes. art 77 the government may not, without an enabling act from the houses, issue a decree having force of law. when the government, in case of necessity and urgency, adopts under its own responsibility a temporary measure, it shall introduce such measure to parliament for transposition into law. during dissolution, parliament shall be convened within five days of such introduction. such a measure shall lose effect from the beginning if it is not transposed into law by parliament within sixty days of its publication. parliament may regulate the legal relations arisen from the rejected measure. art 78 parliament has the authority to declare a state of war and vest the necessary powers into the government. art 79 amnesty and pardon may be granted by a law which has received a two-thirds majority in both houses of parliament, on each section and on the final vote. such law shall set the deadline for the implementation of amnesty or pardon. amnesty and pardon thus introduced may not be granted in the cases of a crime committed after the introduction of such bill. art 80 parliament shall authorise by law the ratification of such international treaties as have a political nature, require arbitration or a legal settlement, entail change of borders, spending or new legislation. art 81 the state shall balance revenue and expenditure in its budget, taking account of the adverse and favourable phases of the economic cycle. no recourse shall be made to borrowing except for the purpose of taking account of the effects of the economic cycle or, subject to authorisation by the two houses approved by an absolute majority vote of their members, in exceptional circumstances. any law involving new or increased expenditure shall provide for the resources to cover such expenditure. each year the houses shall pass a law approving the budget and the accounts submitted by the government. provisional implementation of the budget shall not be allowed except by specific legislation and only for periods not exceeding four months in total. the content of the budget law, the fundamental rules and the criteria adopted to ensure balance between revenue and expenditure and the sustainability of general government debt shall be established by legislation approved by an absolute majority of the members of each house in compliance with the principles established with a constitutional law. art 82 each house of parliament may conduct enquiries on matters of public interest. for this purpose, it shall detail from among its members a committee formed in such a way so as to represent the proportionality of existing parliamentary groups. a committee of enquiry may conduct investigations and examination with the same powers and limitations as the judiciary. title ii. the president of the republic art 83 the president of the republic is elected by parliament in joint session. three delegates from every region elected by the regional council so as to ensure that minorities are represented shall participate in the election. valle d'aosta has one delegate only. the election of the president of the republic is by secret ballot with a majority of two thirds of the assembly. after the third ballot an absolute majority shall suffice. art 84 any citizen who has attained fifty years of age and enjoys civil and political rights can be elected president of the republic. the office of president of the republic is incompatible with any other office. the remuneration and entitlements of the president are established by law. art 85 the president of the republic is elected for seven years. thirty days before the expiration of the term, the president of the chamber of deputies shall summon a joint session of parliament and the regional delegates to elect the new president of the republic. during dissolution of parliament or in the three months preceding dissolution, the election shall be held within the first fifteen days of the first sitting of a new parliament. in the intervening time, the powers of the incumbent president are extended. art 86 the functions of the president of the republic, in all cases in which the president cannot perform them, shall be performed by the president of the senate. in case of permanent incapacity or death or resignation of the president of the republic, the president of the chamber of deputies shall call an election of a new president of the republic within fifteen days, notwithstanding the longer term envisaged during dissolution of parliament or in the three months preceding dissolution. art 87 the president of the republic is the head of the state and represents national unity. the president may send messages to parliament. the president shall: authorise the introduction to parliament of bills initiated by the government; promulgate laws and issue decrees having the force of law, and regulations; call a general referendum in the cases provided for by the constitution; appoint state officials in the cases provided for by the law; accredit and receive diplomatic representatives, and ratify international treaties which have, where required, been authorised by parliament. the president is the commander-in-chief of the armed forces, shall preside over the supreme council of defence established by law, and shall make declarations of war as have been agreed by parliament. the president shall preside over the high council of the judiciary. the president may grant pardons and commute punishments. the president shall confer the honorary distinctions of the republic. art 88 in consultation with the presiding officers of parliament, the president may dissolve one or both houses of parliament. the president of the republic may not exercise such right during the final six months of the presidential term, unless said period coincides in full or in part with the final six months of parliament. art 89 a writ of the president of the republic shall not be valid unless signed by the proposing minister, who shall be accountable for it. a writ having force of law and other writs issued by virtue of a law shall be countersigned by the president of the council of ministers. art 90 the president of the republic is not responsible for the actions performed in the exercise of presidential duties, except in the case of high treason or violation of the constitution. in such cases, the president may be impeached by parliament in joint session, with an absolute majority of its members. art 91 before taking office, the president of the republic shall take an oath of allegiance to the republic and pledge to uphold the constitution before parliament in joint session. title iii. the government section i. the council of ministers art 92 the government of the republic is made up of the president of the council and the ministers who together form the council of ministers. the president of the republic appoints the president of the council of ministers and, on his proposal, the ministers. art 93 before taking office, the president of the council of ministers and the ministers shall be sworn in by the president of the republic. art 94 the government must receive the confidence of both houses of parliament. each house grants or withdraws its confidence through a reasoned motion voted on by roll-call. within ten days of its formation the government shall come before parliament to obtain confidence. an opposing vote by one or both the houses against a government proposal does not entail the obligation to resign. a motion of no-confidence must be signed by at least one-tenth of the members of the house and cannot be debated earlier than three days from its presentation. art 95 the president of the council conducts and holds responsibility for the general policy of the government. the president of the council ensures the coherence of political and administrative policies, by promoting and co-ordinating the activity of the ministers. the ministers are collectively responsible for the acts of the council of ministers; they are individually responsible for the acts of their own ministries. the law establishes the organisation of the presidency of the council, as well as the number, competence and organisation of the ministries. art 96 the president of the council of ministers and the ministers, even if they resign from office, are subject to normal justice for crimes committed in the exercise of their duties, provided authorisation is given by the senate of the republic or the chamber of deputies, in accordance with the norms established by constitutional law. section ii. public administration art 97 general government entities, in accordance with european union law, shall ensure balanced budgets and the sustainability of public debt. public offices are organised according to the provisions of law, so as to ensure the efficiency and impartiality of administration. the regulations of the offices lay down the areas of competence, the duties and the responsibilities of the officials. employment in public administration is accessed through competitive examinations, except in the cases established by law. art 98 civil servants are exclusively at the service of the nation. if they are members of parliament, they may not be promoted in their services, except through seniority. the law may set limitations on the right to become members of political parties in the case of magistrates, career military staff in active service, law enforcement officers, and overseas diplomatic and consular representatives. section iii. auxiliary bodies art 99 the national council for economics and labour is composed, as set out by law, of experts and representatives of the economic categories, in such a proportion as to take account of their numerical and qualitative importance. it serves as a consultative body for parliament and the government on those matters and those functions attributed to it by law. it can initiate legislation and may contribute to drafting economic and social legislation according to the principles and within the limitations laid out by law. art 100 the council of state is a legal-administrative consultative body and it oversees the administration of justice. the court of accounts exercises preventive control over the legitimacy of government measures, and also ex-post auditing of the administration of the state budget. it participates, in the cases and ways established by law, in auditing the financial management of the entities receiving regular budgetary support from the state. it reports directly to parliament on the results of audits performed. the law ensures the independence from the government of the two bodies and of their members. title iv. the judicial branch section i. the organisation of the judiciary art 101 justice is administered in the name of the people. judges are subject only to the law. art 102 judicial proceedings are exercised by ordinary magistrates empowered and regulated by the provisions concerning the judiciary. extraordinary or special judges may not be established. only specialised sections for specific matters within the ordinary judicial bodies may be established, and these sections may include the participation of qualified citizens who are not members of the judiciary. the law regulates the cases and forms of the direct participation of the people in the administration of justice. art 103 the council of state and the other bodies of judicial administration have jurisdiction over the protection of legitimate rights before the public administration and, in particular matters laid out by law, also of subjective rights. the court of accounts has jurisdiction in matters of public accounts and in other matters laid out by law. military tribunals in times of war have the jurisdiction established by law. in times of peace they have jurisdiction only for military crimes committed by members of the armed forces. art 104 the judiciary is a branch that is autonomous and independent of all other powers. the high council of the judiciary is presided over by the president of the republic. the first president and the general prosecutor of the court of cassation are members by right. two thirds of the members are elected by all the ordinary judges belonging to the various categories, and one third are elected by parliament in joint session from among university professors of law and lawyers with fifteen years of practice. the council elects a vice-president from among those members designated by parliament. elected members of the council remain in office for four years and cannot be immediately re-elected. they may not, while in office, be registered in professional rolls, nor serve in parliament or on a regional council. art 105 the high council of the judiciary, in accordance with the regulations of the judiciary, has jurisdiction for employment, assignments and transfers, promotions and disciplinary measures of judges. art 106 judges are appointed through competitive examinations. the law on the regulations of the judiciary allows the appointment, also by election, of honorary judges for all the functions performed by single judges. following a proposal by the high council of the judiciary, university professors of law and lawyers with fifteen years of practice and registered in the special professional rolls for the higher courts may be appointed for their outstanding merits as cassation councillors. art 107 judges may not be removed from office; they may not be dismissed or suspended from office or assigned to other courts or functions unless by a decision of the high council of the judiciary, taken either for the reasons and with the guarantees of defence established by the provisions concerning the organisation of judiciary or with the consent of the judges themselves. the minister of justice has the power to originate disciplinary action. judges are distinguished only by their different functions. the state prosecutor enjoys the guarantees established in the prosecutor's favour by the provisions concerning the organisation of the judiciary. art 108 the provisions concerning the organisation of the judiciary and the judges are laid out by law. the law ensures the independence of judges of special courts, of state prosecutors of those courts, and of other persons participating in the administration of justice. art 109 the legal authorities have direct use of the judicial police. art 110 without prejudice to the authority of the high council of the judiciary, the minister of justice has responsibility for the organisation and functioning of those services involved with justice. section ii. rules on jurisdiction art 111 jurisdiction is implemented through due process regulated by law. all court trials are conducted with adversary proceedings and the parties are entitled to equal conditions before an impartial judge in third party position. the law provides for the reasonable duration of trials. in criminal law trials, the law provides that the alleged offender shall be promptly informed confidentially of the nature and reasons for the charges that are brought and shall have adequate time and conditions to prepare a defence. the defendant shall have the right to cross-examine or to have cross-examined before a judge the persons making accusations and to summon and examine persons for the defence in the same conditions as the prosecution, as well as the right to produce all other evidence in favour of the defence. the defendant is entitled to the assistance of an interpreter in the case that he or she does not speak or understand the language in which the court proceedings are conducted. in criminal law proceedings, the formation of evidence is based on the principle of adversary hearings. the guilt of the defendant cannot be established on the basis of statements by persons who, out of their own free choice, have always voluntarily avoided undergoing cross-examination by the defendant or the defence counsel. the law regulates the cases in which the formation of evidence does not occur in an adversary proceeding with the consent of the defendant or owing to reasons of ascertained objective impossibility or proven illicit conduct. all judicial decisions shall include a statement of reasons. appeals to the court of cassation in cases of violations of the law are always allowed against sentences and against measures affecting personal freedom pronounced by ordinary and special courts. this rule can only be waived in cases of sentences by military tribunals in time of war. appeals to the court of cassation against decisions of the council of state and the court of accounts are permitted only for reasons of jurisdiction. art 112 the public prosecutor has the obligation to institute criminal proceedings. art 113 the judicial safeguarding of rights and legitimate interests before the bodies of ordinary or administrative justice is always permitted against acts of the public administration. such judicial protection may not be excluded or limited to particular kinds of appeal or for particular categories of acts. the law determines which judicial bodies are empowered to annul acts of public administration in the cases and with the consequences provided for by the law itself. title v. regions, provinces municipalities art 114 the republic is composed of the municipalities, the provinces, the metropolitan cities, the regions and the state. municipalities, provinces, metropolitan cities and regions are autonomous entities having their own statutes, powers and functions in accordance with the principles laid down in the constitution. rome is the capital of the republic. its status is regulated by state law. art 115 (repealed) art 116 friuli-venezia giulia, sardinia, sicily, trentino-alto adige/sudtirol and valle d'aosta/vallee d'aoste have special forms and conditions of autonomy pursuant to the special statutes adopted by constitutional law. the trentino-alto adige/stidtirol region is composed of the autonomous provinces of trent and bolzano. additional special forms and conditions of autonomy, related to the areas specified in art. 117, paragraph three and paragraph two, letter 1)-limited to the organisational requirements of the justice of the peace -and letters n) ands), may be attributed to other regions by state law, upon the initiative of the region concerned, after consultation with the local authorities, in compliance with the principles set forth in art. 119. said law is approved by both houses of parliament with the absolute majority of their members, on the basis of an agreement between the state and the region concerned. art 117 legislative powers shall be vested in the state and the regions in compliance with the constitution and with the constraints deriving from eu legislation and international obligations. the state has exclusive legislative powers in the following matters: foreign policy and international relations of the state; relations between the state and the european union; right of asylum and legal status of non-eu citizens; immigration; relations between the republic and religious denominations; defence and armed forces; state security; armaments, ammunition and explosives; the currency, savings protection and financial markets; competition protection; foreign exchange system; state taxation and accounting systems; harmonisation of public accounts; equalisation of financial resources; state bodies and relevant electoral laws; state referenda; elections to the european parliament; legal and administrative organisation of the state and of national public agencies; public order and security, with the exception of local administrative police; citizenship, civil status and register offices; jurisdiction and procedural law; civil and criminal law; administrative judicial system; determination of the basic level of benefits relating to civil and social entitlements to be guaranteed throughout the national territory; general provisions on education; social security; electoral legislation, governing bodies and fundamental functions of the municipalities, provinces and metropolitan cities; customs, protection of national borders and international prophylaxis; weights and measures; standard time; statistical and computerised co-ordination of data of state, regional and local administrations; works of the intellect; protection of the environment, the ecosystem and cultural heritage. concurring legislation applies to the following subject matters: international and eu relations of the regions; foreign trade; job protection and safety; education, subject to the autonomy of educational institutions and with the exception of vocational education and training; professions; scientific and technological research and innovation support for productive sectors; health protection; nutrition; sports; disaster relief; land-use planning; civil ports and airports; large transport and navigation networks; communications; national production, transport and distribution of energy; complementary and supplementary social security; co-ordination of public finance and taxation system; enhancement of cultural and environmental properties, including the promotion and organisation of cultural activities; savings banks, rural banks, regional credit institutions; regional land and agricultural credit institutions. in the subject matters covered by concurring legislation legislative powers are vested in the regions, except for the determination of the fundamental principles, which are laid down in state legislation. the regions have legislative powers in all subject matters that are not expressly covered by state legislation. the regions and the autonomous provinces of trent and bolzano take part in preparatory decision-making process of eu legislative acts in the areas that fall within their responsibilities. they are also responsible for the implementation of international agreements and eu measures, subject to the rules set out in state law which regulate the exercise of subsidiary powers by the state in the case of non-performance by the regions and autonomous provinces. regulatory powers shall be vested in the state with respect to the subject matters of exclusive legislation, subject to any delegations of such powers to the regions. regulatory powers shall be vested in the regions in all other subject matters. municipalities, provinces and metropolitan cities have regulatory powers as to the organisation and implementation of the functions attributed to them. regional laws shall remove any hindrances to the full equality of men and women in social, cultural and economic life and promote equal access to elected offices for men and women. agreements between a region and other regions that aim at improving the performance of regional functions and that may also envisage the establishment of joint bodies shall be ratified by regional law. in the areas falling within their responsibilities, regions may enter into agreements with foreign states and local authorities of other states in the cases and according to the forms laid down by state legislation. art 118 administrative functions are attributed to the municipalities, unless they are attributed to the provinces, metropolitan cities and regions or to the state, pursuant to the principles of subsidiarity, differentiation and proportionality, to ensure their uniform implementation. municipalities, provinces and metropolitan cities carry out administrative functions of their own as well as the functions assigned to them by state or by regional legislation, according to their respective competences. state legislation shall provide for co-ordinated action between the state and the regions in the subject matters as per article 117, paragraph two, letters b) and h), and also provide for agreements and co-ordinated action in the field of cultural heritage preservation. the state, regions, metropolitan cities, provinces and municipalities shall promote the autonomous initiatives of citizens, both as individuals and as members of associations, relating to activities of general interest, on the basis of the principle of subsidiarity. art 119 municipalities, provinces, metropolitan cities and regions shall have revenue and expenditure autonomy, subject to the obligation to balance their budgets, and shall contribute to ensuring compliance with the economic and financial constraints imposed under european union law municipalities, provinces, metropolitan cities and regions shall have independent financial resources. they set and levy taxes and collect revenues of their own, in compliance with the constitution and according to the principles of co-ordination of state finances and the tax system. they share in the tax revenues related to their respective territories. state legislation shall provide for an equalisation fund -with no allocation constraints -for the territories having lower per-capita taxable capacity. revenues raised from the above-mentioned sources shall enable municipalities, provinces, metropolitan cities and regions to fully finance the public functions attributed to them. the state shall allocate supplementary resources and adopt special measures in favour of specific municipalities, provinces, metropolitan cities and regions to promote economic development along with social cohesion and solidarity, to reduce economic and social imbalances, to foster the exercise of the rights of the person or to achieve goals other than those pursued in the ordinary implementation of their functions. municipalities, provinces, metropolitan cities and regions have their own assets, which are allocated to them pursuant to general principles laid down in state legislation. they may have recourse to borrowing only as a means of financing investment expenditure, with the concomitant adoption of amortisation plans and subject to the condition that budget balance is ensured for all authorities of each region, taken as a whole. state guarantees on loans contracted by such authorities are not admissible. art 120 regions may not levy import or export or transit duties between regions or adopt measures that in any way obstruct the freedom of movement of persons or goods between regions. regions may not limit the right of citizens to work in any part whatsoever of the national territory. the government can act for bodies of the regions, metropolitan cities, provinces and municipalities if the latter fail to comply with international rules and treaties or eu legislation, or in the case of grave danger for public safety and security, or whenever such action is necessary to preserve legal or economic unity and in particular to guarantee the basic level of benefits relating to civil and social entitlements, regardless of the geographic borders of local authorities. the law shall lay down the procedures to ensure that subsidiary powers are exercised in compliance with the principles of subsidiarity and loyal co-operation. art 121 the bodies of the region are: the regional council, the regional executive and its president. the regional council shall exercise the legislative powers attributed to the region as well as the other functions conferred by the constitution and the laws. it may submit bills to parliament. the regional executive is the executive body of the region. the president of the executive represents the region, directs the policy-making of the executive and is responsible for it, promulgates laws and regional statutes, directs the administrative functions delegated to the region by the state, in conformity with the instructions of the government of the republic. art 122 the electoral system and the cases of ineligibility and incompatibility of the president, the other members of the regional executive and the regional councillors shall be established by a regional law in accordance with the fundamental principles established by a law of the republic, which also establishes the term of elective offices. no one may belong at the same time to a regional council or to a regional executive and to either house of parliament, another regional council, or the european parliament. the council shall elect a president and a bureau from amongst its members. regional councillors are unaccountable for the opinions expressed and votes cast in the exercise of their functions. the president of the regional executive shall be elected by universal and direct suffrage, unless the regional statute provides otherwise. the elected president shall appoint and dismiss the members of the executive. art 123 each region shall have a statute which, in compliance with the constitution, shall lay down the form of government and basic principles for the organisation of the region and the conduct of its business. the statute shall regulate the right to initiate legislation and promote referenda on the laws and administrative measures of the region as well as the publication of laws and of regional regulations. regional statutes are adopted and amended by the regional council with a law approved by an absolute majority of its members, with two subsequent deliberations at an interval of not less than two months. this law does not require the approval of the government commissioner. the government of the republic may submit the constitutional legitimacy of the regional statutes to the constitutional court within thirty days of their publication. the statute is submitted to popular referendum if one-fiftieth of the electors of the region or one-fifth of the members of the regional council so request within three months from its publication. the statute that is submitted to referendum is not promulgated if it is not approved by the majority of valid votes. in each region, statutes regulate the activity of the council of local authorities as a consultative body on relations between the regions and local authorities. art 124 (repealed) art 125 administrative tribunals of the first instance shall be established in the region, in accordance with the rules established by the law of the republic. sections may be established in places other than the regional capital. art 126 the regional council may be dissolved and the president of the executive may be removed with a reasoned decree of the president of the republic in the case of acts in contrast with the constitution or grave violations of the law. the dissolution or removal may also be decided for reasons of national security. such decree is adopted after consultation with a committee of deputies and senators for regional affairs which is set up in the manner established by a law of the republic. the regional council may adopt a reasoned motion of no confidence against the president of the executive that is undersigned by at least one-fifth of its members and adopted by roll call vote with an absolute majority of members. the motion may not be debated before three days have elapsed since its introduction. the adoption of a no confidence motion against a president of the executive elected by universal and direct suffrage, and the removal, permanent inability, death or voluntary resignation of the president of the executive entail the resignation of the executive and the dissolution of the council. the same effects are produced by the simultaneous resignation of the majority of the council members. art 127 the government may question the constitutional legitimacy of a regional law before the constitutional court within sixty days from its publication, when it deems that the regional law exceeds the competence of the region. a region may question the constitutional legitimacy of a state or regional law or measure having the force of law before the constitutional court within sixty day s from its publication, when it deems that said law or measure infringes upon its competence. art 128 (repealed) art 129 (repealed) art 130 (repealed) art 131 the following regions shall be established: piedmont; valle d'aosta; lombardy; trentino-alto adige; veneto; friuli-venezia giulia; liguria; emilia-romagna; tuscany; umbria; the marches; latium; abruzzi; molise; campania; apulia; basilicata; calabria; sicily; sardinia. art 132 by a constitutional law, after consultation with the regional councils, a merger between existing regions or the creation of new regions having a minimum of one million inhabitants may be agreed, when such request has been made by a number of municipal councils representing not less than one-third of the populations involved, and the request has been approved by referendum by a majority of said populations. the provinces and municipalities which request to be detached from a region and incorporated in another may be allowed to do so, following a referendum and a law of the republic, which obtains the majority of the populations of the province or provinces and of the municipality or municipalities concerned, and after having heard the regional councils. art 133 changes in provincial boundaries and the institution of new provinces within a region are regulated by the laws of the republic, on the initiative of the municipalities, after consultation with the region. the region, after consultation with the populations involved, may establish through its laws new municipalities within its own territory and modify their districts and names. title vi. constitutional guarantees section i. the constitutional court art 134 the constitutional court shall pass judgement on: controversies on the constitutional legitimacy of laws and enactments having force of law issued by the state and regions; conflicts arising from allocation of powers of the state and those powers allocated to state and regions, and between regions; charges brought against the president of the republic and the ministers, according to the provisions of the constitution. art 135 the constitutional court shall be composed of fifteen judges, a third nominated by the president of the republic, a third by parliament in joint sitting and a third by the ordinary and administrative supreme courts. the judges of the constitutional courts shall be chosen from among judges, including those retired, of the ordinary and administrative higher courts, university professors of law and lawyers with at least twenty years practice. judges of the constitutional court shall be appointed for nine years, beginning in each case from the day of their swearing in, and they may not be re-appointed. at the expiry of their term, the constitutional judges shall leave office and the exercise of the functions thereof. the court shall elect from among its members, in accordance with the rules established by law, a president, who shall remain in office for three years and may be re-elected, respecting in all cases the expiry term for constitutional judges. the office of constitutional judge shall be incompatible with membership of parliament, of a regional council, the practice of the legal profession, and with every appointment and office indicated by law. in impeachment procedures against the president of the republic, in addition to the ordinary judges of the court, there shall also be sixteen members chosen by lot from among a list of citizens having the qualification necessary for election to the senate, which the parliament prepares every nine years through election using the same procedures as those followed in appointing ordinary judges. art 136 when the court declares the constitutional illegitimacy of a law or enactment having force of law, the law ceases to have effect the day following the publication of the decision. the decision of the court shall be published and communicated to parliament and the regional councils concerned, so that, wherever they deem it necessary, they shall act in conformity with constitutional procedures. art 137 a constitutional law shall establish the conditions, forms, terms for proposing judgements on constitutional legitimacy, and guarantees on the independence of constitutional judges. ordinary laws shall establish the other provisions necessary for the constitution and the functioning of the court. no appeals are allowed against the decision of the constitutional court. section ii. amendments to the constitution. constitutional laws art 138 laws amending the constitution and other constitutional laws shall be adopted by each house after two successive debates at intervals of not less than three months, and shall be approved by an absolute majority of the members of each house in the second voting. said laws are submitted to a popular referendum when, within three months of their publication, such request is made by one-fifth of the members of a house or five hundred thousand voters or five regional councils. the law submitted to referendum shall not be promulgated if not approved by a majority of valid votes. a referendum shall not be held if the law has been approved in the second voting by each of the houses by a majority of two-thirds of the members. art 139 the form of republic shall not be a matter for constitutional amendment. transitional and final provisions with the implementation of the constitution the provisional head of the state shall exercise the functions of president of the republic and assume that title. if, at the date of the election of the president of the republic, all the regional councils have not been set up, only members of the two houses shall participate in the election. for the first composition of the senate of the republic, deputies to the constituent assembly who possess all the requisites by law to be senators and who: had been presidents of the council of ministers or of legislative assemblies; had been members of the dissolved senate; had been elected at least three times including to the constituent assembly; had been dismissed at the sitting of the chamber of deputies of 9november 1926; had been imprisoned for not less than five years by a sentence of the special fascist tribunal for the defence of the state; shall be appointed senators. those also shall be appointed senators, by decree of the president of the republic, who had been members of the dissolved senate and who had been members of the consulta nazionale. the right to be appointed senator may be renounced before signing of the decree of appointment. acceptance of candidacy in political elections shall constitute renunciation of the right to be appointed senator. for the first election of the senate molise shall be considered a region in itself, having the due number of senators on the basis of its population. the provisions of article 80 of the constitution on the question of international treaties which involve budget expenditures or changes in the law, shall become effective as from the date of convocation of parliament. within five years after the constitution has come into effect the special jurisdictional bodies still in existence shall be revised, excluding the jurisdiction of the council of state, the court of accounts, and the military tribunals. within a year of the same date, a law shall provide for the re-organisation of the supreme military tribunal according to article i 11. until such time as the new law on the judiciary in accordance with the constitution has been issued, the provisions in force shall continue to be observed. until such time as the constitutional court begins its functions, the decision on controversies indicated in article 134 shall be conducted in the forms and within the limits of the provisions already in existence before the implementation of the constitution. elections of the regional councils and the elected bodies of provincial administration shall be called within one year of the implementation of the constitution. the laws of the republic shall regulate for every branch of public administration the passage of the state functions attributed to the regions. until such time as the re-organisation and re-distribution of the administrative functions among the local bodies has been accomplished, the provinces and the municipalities shall retain those functions they presently exercise and those others which the regions may delegate to them. laws of the republic shall regulate the transfer to the regions of officials and employees of the state, including those from central administrations, which shall be made necessary by the new provisions. in setting up their offices the regions shall, except in cases of necessity, draw their personnel from among the employees of state local bodies. the republic, within three years of the implementation of the constitution, shall adjust its laws to the needs of local autonomies and the legislative jurisdiction attributed to the regions. the general provisions of title v of the second part of this constitution shall temporarily apply to the region of friuli-venezia giulia, as per article 116, without prejudice to the protection of linguistic minorities in accordance with article 6. up to five years after the implementation of the constitution other regions may be established by constitutional laws, thus amending the list in article131, and without the conditions required under the first paragraph of article132, without prejudice, however, to the obligation to consult the peoples concerned. it shall be forbidden to reorganise, under any form whatsoever, the dissolved fascist party. notwithstanding article 48, the law has established, for not more than five years from the implementation of the constitution, temporary limitations to the right to vote and eligibility for the leaders responsible for the fascist regime. the members and descendants of the house of savoy shall not be voters and may not hold public office or elected offices. access and sojourn in the national territory shall be forbidden to the ex-kings of the house of savoy, their spouses and their male descendants. the assets, existing on national territory, of the former kings of the house of savoy, their spouses and their male descendants shall be transferred to the state. transfers and the establishment of royal rights on said properties which took place after 2 june 1946, shall be null and void. (*) (*)constitutional law no. i of 23 october 2002 has established that the first and second paragraphs of the 13th transitional and final provision of the constitution cease to be applicable as of the date of the entry into force of said constitutional law (10 november 2002). titles of nobility shall not be recognised. the place-names included in those existing before 28 october 1922 shall serve as part of the name. the order of saint mauritius shall be preserved as a hospital corporation and shall function in the ways established by law. the law shall regulate the suppression of the heraldic council. with the entry into force of the constitution, the legislative decree of the lieutenant of the realm no. 151 of 25 june 1944 on the provisional organisation of the state shall become law. within one year of the entry into force of the constitution, the revision and co-ordination therewith of previous constitutional laws which had not at that moment been explicitly or implicitly abrogated shall begin. the constituent assembly shall be called by its president to decide, before31 january 1948, on the law for the election of the senate of the republic, special regional statues and the law governing the press. until the day of the election of the new parliament, the constituent assembly may be convened, when it is necessary to decide on matters attributed to its jurisdiction by article 2, paragraphs one and two, and article 3, paragraphs one and two, of legislative decree no. 98 of 16march 1946. at that time the standing committees shall maintain their functions. legislative committees shall send back to the government those bills, submitted to them, with their observations and proposals for amendments. deputies may present questions to the government with request for written answers. in accordance with the second paragraph of this article, the constituent assembly shall be called by its president following reasoned request of the government or at least two hundred deputies. this constitution shall be promulgated by the provisional head of state within five days of its approval by the constituent assembly and shall come into force on 1 january 1948. the text of the constitution shall be deposited in the town hall of every municipality of the republic and there made public, for the whole of 1948, so as to allow every citizen to know of it. the constitution, bearing the seal of the state, shall be included in the official records of the laws and decrees of the republic. the constitution must be faithfully observed as the fundamental law of the republic by all citizens and bodies of the state. preamble whereas sovereignty over the entire universe belongs to almighty allah alone, and the authority to be exercised by the people of pakistan within the limits prescribed by him is a sacred trust; and whereas it is the will of the people of pakistan to establish an order; wherein the state shall exercise its powers and authority through the chosen representatives of the people; wherein the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by islam, shall be fully observed; wherein the muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of islam as set out in the holy quran and sunnah; wherein adequate provision shall be made for the minorities freely to profess and practise their religions and develop their cultures; wherein the territories now included in or in accession with pakistan and such other territories as may hereafter be included in or accede to pakistan shall form a federation wherein the units will be autonomous with such boundaries and limitations on their powers and authority as may be prescribed; wherein shall be guaranteed fundamental rights, including equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality; wherein adequate provision shall be made to safeguard the legitimate interests of minorities and backward and depressed classes; wherein the independence of the judiciary shall be fully secured; wherein the integrity of the territories of the federation, its independence and all its rights, including its sovereign rights on land, sea and air, shall be safeguarded; so that the people of pakistan may prosper and attain their rightful and honoured place amongst the nations of the world and make their full contribution towards international peace and progress and happiness of humanity; now, therefore, we, the people of pakistan; conscious of our responsibility before almighty allah and men; cognisant of the sacrifices made by the people in the cause of pakistan; faithful to the declaration made by the founder of pakistan, quaid-i-azam mohammad ali jinnah, that pakistan would be a democratic state based on islamic principles of social justice; dedicated to the preservation of democracy achieved by the unremitting struggle of the people against oppression and tyranny; inspired by the resolve to protect our national and political unity and solidarity by creating an egalitarian society through a new order; do hereby, through our representatives in the national assembly, adopt, enact and give to ourselves, this constitution. part i. introductory 1. the republic and its territories pakistan shall be federal republic to be known as the islamic republic of pakistan, hereinafter referred to as pakistan. the territories of pakistan shall comprisethe provinces of balochistan, the khyber pakhtunkhwa, the punjab and sindh; the islamabad capital territory, hereinafter referred to as the federal capital; and such states and territories as are or may be included in pakistan, whether by accession or otherwise. majlis-e-shoora (parliament) may by law admit into the federation new states or areas on such terms and conditions as it thinks fit. 2. islam to be state religion islam shall be the state religion of pakistan. 2a. the objectives resolution to form part of substantive provisions the principles and provisions set out in the objectives resolution reproduced in the annex are hereby made substantive part of the constitution and shall have effect accordingly. 3. elimination of exploitation the state shall ensure the elimination of all forms of exploitation and the gradual fulfillment of the fundamental principle, from each according to his ability to each according to his work. 4. right of individuals to be dealt with in accordance with law, etc to enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen. wherever he may be, and of every other person for the time being within pakistan. in particularno action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law; no person shall be prevented from or be hindered in doing that which is not prohibited by law; and no person shall be compelled to do that which the law does not required him to do. 5. loyalty to state and obedience to constitution and law loyalty to the state is the basic duty of every citizen. obedience to the constitution and law is the inviolable obligation of every citizen wherever he may be and of every other person for the time being within pakistan. 6. high treason any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason. any person aiding or abetting or collaborating the acts mentioned in clause (1) shall likewise be guilty of high treason. an act of high treason mentioned in clause (1) or clause (2) shall not be validated by any court including the supreme court and a high court. majlis-e-shoora (parliament) shall by law provide for the punishment of persons found guilty of high treason. part ii. fundamental rights and principles of policy 7. definition of the state in this part, unless the context otherwise requires, "the state" means the federal government, majlis-e-shoora (parliament), a provincial government, a provincial assembly, and such local or other authorities in pakistan as are by law empowered to impose any tax or cess. chapter 1. fundamental rights 8. laws inconsistent with or in derogation of fundamental rights to be void any law, or any custom or usage having the force of law, in so far as it is inconsistent with the rights conferred by this chapter, shall, to the extent of such inconsistency, be void. the state shall not make any law which takes away or abridges the rights so conferred and any law made in contravention of this clause shall, to the extent of such contravention, be void. the provisions of this article shall not apply toany law relating to members of the armed forces, or of the police or of such other forces as are charged with the maintenance of public order, for the purpose of ensuring the proper discharge of their duties or the maintenance of discipline among them; or any of the laws specified in the first schedule as in force immediately before the commencing day or as amended by any of the laws specified in that schedule; other laws specified in part i of the first schedule; and no such law nor any provision thereof shall be void on the ground that such law or provision is inconsistent with, or repugnant to, any provision of this chapter. notwithstanding anything contained in paragraph (b) of clause (3), within a period of two years from the commencing day, the appropriate legislature shall bring the laws specified in part ii of the first schedule into conformity with the rights conferred by this chapter: provided that the appropriate legislature may by resolution extend the said period of two years by a period not exceeding six months. explanation.if in respect of any law majlis-e-shoora (parliament) is the appropriate legislature, such resolution shall be a resolution of the national assembly. the rights conferred by this chapter shall not be suspended except as expressly provided by the constitution. 9. security of person no person shall be deprived of life or liberty save in accordance with law. 10. safeguards as to arrest and detention no person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice. every person who is arrested and detained in custody shall be produced before a magistrate within a period of twenty-four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the nearest magistrate, and no such person shall be detained in custody beyond the said period without the authority of a magistrate. nothing in clauses (1) and (2) shall apply to any person who is arrested or detained under any law providing for preventive detention. no law providing for preventive detention shall be made except to deal with persons acting in a manner prejudicial to the integrity, security or defence of pakistan or any part thereof, or external affairs of pakistan, or public order, or the maintenance of supplies or services, and no such law shall authorise the detention of a person for a period exceeding three months unless the appropriate review board has, after affording him an opportunity of being heard in person, reviewed his case and reported, before the expiration of the said period, that there is, in its opinion, sufficient cause for such detention, and, if the detention is continued after the said period of three months, unless the appropriate review board has reviewed his case and reported, before the expiration of each period of three months, that there is, in its opinion, sufficient cause for such detention. explanation i.in this article, "the appropriate review board" means, in the case of a person detained under a federal law, a board appointed by the chief justice of pakistan and consisting of a chairman and two other persons, each of whom is or has been a judge of the supreme court or a high court; and in the case of a person detained under a provincial law, a board appointed by the chief justice of the high court concerned and consisting of a chairman and two other persons, each of whom is or has been a judge of a high court. explanation ii.-the opinion of a review board shall be expressed in terms of the views of the majority of its members. when any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, within fifteen days from such detention, communicate to such person the grounds on which the order has been made, and shall afford him the earliest opportunity of making a representation against the order: provided that the authority making any such order may refuse to disclose facts which such authority considers it to be against the public interest to disclose. the authority making the order shall furnish to the appropriate review board all documents relevant to the case unless a certificate, signed by a secretary to the government concerned, to the effect that it is not in the public interest to furnish any documents, is produced. within a period of twenty-four months commencing on the day of his first detention in pursuance of an order made under a law providing for preventive detention, no person shall be detained in pursuance of any such order for more than a total period of eight months in the case of a person detained for acting in a manner prejudicial to public order and twelve months in any other case: provided that this clause shall not apply to any person who is employed by, or works for, or acts on instructions received from, the enemy, or who is acting or attempting to act in a manner prejudicial to the integrity, security or defence of pakistan or any part thereof or who commits or attempts to commit any act which amounts to an anti-national activity as defined in a federal law or is a member of any association which has for its objects, or which indulges in, any such anti national activity. the appropriate review board shall determine the place of detention of the person detained and fix a reasonable subsistence allowance for his family. nothing in this article shall apply to any person who for the time being is an enemy alien. 10a. right to fair trial for the determination of his civil rights and obligations or in any criminal charge against him a person shall be entitled to a fair trial and due process. 11. slavery, forced labour, etc., prohibited slavery is non-existent and forbidden and no law shall permit or facilitate its introduction into pakistan in any form. all forms of forced labour and traffic in human beings are prohibited. no child below the age of fourteen years shall be engaged in any factory or mine or any other hazardous employment. nothing in this article shall be deemed to affect compulsory service by any person undergoing punishment for an offence against any law; or required by any law for public purpose: provided that no compulsory service shall be of a cruel nature or incompatible with human dignity. 12. protection against retrospective punishment no law shall authorize the punishment of a personfor an act or omission that was not punishable by law at the time of the act or omission; or for an offence by a penalty greater than, or of a kind different from, the penalty prescribed by law for that offence at the time the offence was committed. nothing in clause (1) or in article 270 shall apply to any law making acts of abrogation or subversion of a constitution in force in pakistan at any time since the twenty-third day of march, one thousand nine hundred and fifty-six, an offence. 13. protection against double punishment and self-incrimination no personshall be prosecuted or punished for the same offence more than once; or shall, when accused of an offence, be compelled to be a witness against himself. 14. inviolability of dignity of man, etc the dignity of man and, subject to law, the privacy of home, shall be inviolable. no person shall be subjected to torture for the purpose of extracting evidence. 15. freedom of movement, etc every citizen shall have the right to remain in, and, subject to any reasonable restriction imposed by law in the public interest, enter and move freely throughout pakistan and to reside and settle in any part thereof. 16. freedom of assembly every citizen shall have the right to assemble peacefully and without arms, subject to any reasonable restrictions imposed by law in the interest of public order. 17. freedom of association every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of pakistan, public order or morality. every citizen, not being in the service of pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of pakistan and such law shall provide that where the federal government declares that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of pakistan, the federal government shall, within fifteen days of such declaration, refer the matter to the supreme court whose decision on such reference shall be final. every political party shall account for the source of its funds in accordance with law. 18. freedom of trade, business or profession subject to such qualifications, if any, as may be prescribed by law, every citizen shall have the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business: provided that nothing in this article shall preventthe regulation of any trade or profession by a licensing system; or the regulation of trade, commerce or industry in the interest of free competition therein; or the carrying on, by the federal government or a provincial government, or by a corporation controlled by any such government, of any trade, business, industry or service, to the exclusion, complete or partial, of other persons. 19. freedom of speech, etc every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of islam or the integrity, security or defence of pakistan or any part thereof, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, commission of or incitement to an offence. 19a. right to information every citizen shall have the right to have access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law. 20. freedom to profess religion and to manage religious institutions subject to law, public order and morality,every citizen shall have the right to profess, practice and propagate his religion; and every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions. 21. safeguard against taxation for purposes of any particular religion no person shall be compelled to pay any special tax the proceeds of which are to be spent on the propagation or maintenance of any religion other than his own. 22. safeguards as to educational institutions in respect of religion, etc no person attending any educational institution shall be required to receive religious instruction, or take part in any religious ceremony, or attend religious worship, if such instruction, ceremony or worship relates to a religion other than his own. in respect of any religious institution, there shall be no discrimination against any community in the granting of exemption or concession in relation to taxation. subject to law, no religious community or denomination shall be prevented from providing religious instruction for pupils of that community or denomination in any educational institution maintained wholly by that community or denomination; and no citizen shall be denied admission to any educational institution receiving aid from public revenues on the ground only of race, religion, caste or place of birth. nothing in this article shall prevent any public authority from making provision for the advancement of any socially or educationally backward class of citizens. 23. provision as to property every citizen shall have the right to acquire, hold and dispose of property in any part of pakistan, subject to the constitution and any reasonable restrictions imposed by law in the public interest. 24. protection of property rights no person shall be deprived of his property save in accordance with law. no property shall be compulsorily acquired or taken possession of save for a public purpose, and save by the authority of law which provides for compensation therefor and either fixes the amount of compensation or specifies the principles on and the manner in which compensation is to be determined and given. nothing in this article shall affect the validity ofany law permitting the compulsory acquisition or taking possession of any property for preventing danger to life, property or public health; or any law permitting the taking over of any property which has been acquired by, or come into the possession of, any person by any unfair means, or in any manner, contrary to law; or any law relating to the acquisition, administration or disposal of any property which is or is deemed to be enemy property or evacuee property under any law (not being property which has ceased to be evacuee property under any law); or any law providing for the taking over of the management of any property by the state for a limited period, either in the public interest or in order to secure the proper management of the property, or for the benefit of its owner; or any law providing for the acquisition of any class of property for the purpose ofproviding education and medical aid to all or any specified class of citizens; or providing housing and public facilities and services such as roads, water supply, sewerage, gas and electric power to all or any specified class of citizens; or providing maintenance to those who, on account of unemployment, sickness, infirmity or old age, are unable to maintain themselves; or any existing law or any law made in pursuance of article 253. the adequacy or otherwise of any compensation provided for by any such law as is referred to in this article, or determined in pursuance thereof, shall not be called in question in any court. 25. equality of citizens all citizens are equal before law and are entitled to equal protection of law. there shall be no discrimination on the basis of sex. nothing in this article shall prevent the state from making any special provision for the protection of women and children. 25a. right to education the state shall provide free and compulsory education to all children of the age of five to sixteen years in such manner as may be determined by law. 26. non-discrimination in respect of access to public places in respect of access to places of public entertainment or resort, not intended for religious purposes only, there shall be no discrimination against any citizen on the ground only of race, religion, caste, sex, residence or place of birth. nothing in clause (1) shall prevent the state from making any special provision for women and children. 27. safeguard against discrimination in services no citizen otherwise qualified for appointment in the service of pakistan shall be discriminated against in respect of any such appointment on the ground only of race, religion, caste, sex, residence or place of birth: provided that, for a period not exceeding forty years from the commencing day, posts may be reserved for persons belonging to any class or area to secure their adequate representation in the service of pakistan: provided further that, in the interest of the said service, specified posts or services may be reserved for members of either sex if such posts or services entail the performance of duties and functions which cannot be adequately performed by members of the other sex: provided also that under-representation of any class or area in the service of pakistan may be redressed in such manner as may be determined by an act of majlis-e-shoora (parliament). nothing in clause (1) shall prevent any provincial government, or any local or other authority in a province, from prescribing, in relation to any post or class of service under that government or authority, conditions as to residence in the province, for a period not exceeding three years, prior to appointment under that government or authority. 28. preservation of language, script and culture subject to article 251 any section of citizens having a distinct language, script or culture shall have the right to preserve and promote the same and subject to law, establish institutions for that purpose. chapter 2. principles of policy 29. principles of policy the principles set out in this chapter shall be known as the principles of policy, and it is the responsibility of each organ and authority of the state, and of each person performing functions on behalf of an organ or authority of the state, to act in accordance with those principles in so far as they relate to the functions of the organ or authority. in so far as the observance of any particular principle of policy may be dependent upon resources being available for the purpose, the principle shall be regarded as being subject to the availability of resources. in respect of each year, the president in relation to the affairs of the federation, and the governor of each province in relation to the affairs of his province, shall cause to be prepared and laid before each house of majlis-e-shoora (parliament) or, as the case may be, the provincial assembly, a report on the observance and implementation of the principles of policy, and provision shall be made in the rules of procedure of the national assembly and the senate or, as the case may be, the provincial assembly, for discussion on such report. 30. responsibility with respect to principles of policy the responsibility of deciding whether any action of an organ or authority of the state, or of a person performing functions on behalf of an organ or authority of the state, is in accordance with the principles of policy is that of the organ or authority of the state, or of the person, concerned. the validity of an action or of a law shall not be called in question on the ground that it is not in accordance with the principles of policy, and no action shall lie against the state, any organ or authority of the state or any person on such ground. 31. islamic way of life steps shall be taken to enable the muslims of pakistan, individually and collectively, to order their lives in accordance with the fundamental principles and basic concepts of islam and to provide facilities whereby they may be enabled to understand the meaning of life according to the holy quran and sunnah. the state shall endeavour, as respects the muslims of pakistan,to make the teaching of the holy quran and islamiat compulsory, to encourage and facilitate the learning of arabic language and to secure correct and exact printing and publishing of the holy quran; to promote unity and the observance of the islamic moral standards; and to secure the proper organisation of zakat ushr, auqaf and mosques. 32. promotion of local government institutions the state shall encourage local government institutions composed of elected representatives of the areas concerned and in such institutions special representation will be given to peasants, workers and women. 33. parochial and other similar prejudices to be discouraged the state shall discourage parochial, racial, tribal sectarian and provincial prejudices among the citizens. 34. full participation of women in national life steps shall be taken to ensure full participation of women in all spheres of national life. 35. protection of family, etc the state shall protect the marriage, the family, the mother and the child. 36. protection of minorities the state shall safeguard the legitimate rights and interests of minorities, including their due representation in the federal and provincial services. 37. promotion of social justice and eradication of social evils the state shallpromote, with special care, the educational and economic interests of backward classes or areas; remove illiteracy and provide free and compulsory secondary education within minimum possible period; make technical and professional education generally available and higher education equally accessible to all on the basis of merit; ensure inexpensive and expeditious justice; make provision for securing just and humane conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex, and for maternity benefits for women in employment; enable the people of different areas, through education, training, agricultural and industrial development and other methods, to participate fully in all forms of national activities, including employment in the service of pakistan; prevent prostitution, gambling and taking of injurious drugs, printing, publication, circulation and display of obscene literature and advertisements; prevent the consumption of alcoholic liquor otherwise than for medicinal and, in the case of non-muslims, religious purposes; and decentralise the government administration so as to facilitate expeditious disposal of its business to meet the convenience and requirements of the public. 38. promotion of social and economic well-being of the people the state shallsecure the well-being of the people, irrespective of sex, caste, creed or race, by raising their standard of living, by preventing the concentration of wealth and means of production and distribution in the hands of a few to the detriment of general interest and by ensuring equitable adjustment of rights between employers and employees, and landlords and tenants; provide for all citizens, within the available resources of the country, facilities for work and adequate livelihood with reasonable rest and leisure; provide for all persons employed in the service of pakistan or otherwise, social security by compulsory social insurance or other means; provide basic necessities of life, such as food, clothing, housing, education and medical relief, for all such citizens, irrespective of sex, caste, creed or race, as are permanently or temporarily unable to earn their livelihood on account of infirmity, sickness or unemployment; reduce disparity in the income and earnings of individuals, including persons in the various classes of the service of pakistan; eliminate riba as early as possible and ensure that the shares of the provinces in all federal services, including autonomous bodies and corporations established by, or under the control of, the federal government, shall be secured and any omission in the allocation of the shares of the provinces in the past shall be rectified. 39. participation of people in armed forces the state shall enable people from all parts of pakistan to participate in the armed forces of pakistan. 40. strengthening bonds with muslim world and promoting international peace the state shall endeavour to preserve and strengthen fraternal relations among muslim countries based on islamic unity, support the common interests of the peoples of asia, africa and latin america, promote international peace and security, foster goodwill and friendly relations among all nations and encourage the settlement of international disputes by peaceful means. part iii. the federation of pakistan chapter 1. the president 41. the president there shall be a president of pakistan who shall be the head of state and shall represent the unity of the republic. a person shall not be qualified for election as president unless he is a muslim of not less than forty-five years of age and is qualified to be elected as member of the national assembly. the president shall be elected in accordance with the provisions of the second schedule by the members of an electoral college consisting ofthe members of both houses; and the members of the provincial assemblies. election to the office of president shall be held not earlier than sixty days and not later than thirty days before the expiration of the term of the president in office: provided that, if the election cannot be held within the period aforesaid because the national assembly is dissolved, it shall be held within thirty days of the general election to the assembly. an election to fill a vacancy in the office of president shall be held not later than thirty days from the occurrence of the vacancy: provided that, if the election cannot be held within the period aforesaid because the national assembly is dissolved, it shall be held within thirty days of the general election to the assembly. the validity of the election of the president shall not be called in question by or before any court or other authority. 42. oath of president before entering upon office, the president shall make before the chief justice of pakistan oath in the form set out in the third schedule. 43. conditions of president's office the president shall not hold any office of profit in the service of pakistan or occupy any other position carrying the right to remuneration for the rendering of services. the president shall not be a candidate for election as a member of majlis-e-shoora (parliament) or a provincial assembly; and, if a member of majlis-e-shoora (parliament) or a provincial assembly is elected as president, his seat in majlis-e-shoora (parliament) or, as the case may be, the provincial assembly shall become vacant on the day he enters upon his office. 44. term of office of president subject to the constitution, the president shall hold office for a term of five years from the day he enters upon his office: provided that the president shall, notwithstanding the expiration of his terms, continue to hold office until his successor enters upon his office. subject to the constitution, a person holding office as president shall be eligible for re-election to that office, but no person shall hold that office for more than two consecutive terms. the president may, by writing under his hand addressed to the speaker of the national assembly, resign his office. 45. president's power to grant pardon, etc the president shall have power to grant pardon, reprieve and respite, and to remit, suspend or commute any sentence passed by any court, tribunal or other authority. 46. president to be kept informed the prime minister shall keep the president informed on all matters of internal and foreign policy and on all legislative proposals the federal government intends to bring before majlis-e-shoora (parliament). 47. removal or impeachment of president notwithstanding anything contained in the constitution, the president may, in accordance with the provisions of this article, be removed from office on the ground of physical or mental incapacity or impeached on a charge of violating the constitution or gross misconduct. not less than one-half of the total membership of either house may give to the speaker of the national assembly or, as the case may be, the chairman written notice of its intention to move a resolution for the removal of, or, as the case may be, to impeach, the president; and such notice shall set out the particulars of his incapacity or of the charge against him. if a notice under clause (2) is received by the chairman, he shall transmit it forthwith to the speaker. the speaker shall, within three days of the receipt of a notice under clause (2) or clause (3), cause a copy of the notice to be transmitted to the president. the speaker shall summon the two houses to meet in a joint sitting not earlier than seven days and not later than fourteen days after the receipt of the notice by him. the joint sitting may investigate or cause to be investigated the ground or the charge upon which the notice is founded. the president shall have the right to appear and be represented during the investigation, if any, and before the joint sitting. if, after consideration of the result of the investigation, if any, a resolution is passed at the joint sitting by the votes of not less than two-thirds of the total membership of majlis-e-shoora (parliament) declaring that the president is unfit to hold the office due to incapacity or is guilty of violating the constitution or of gross misconduct, the president shall cease to hold office immediately on the passing of the resolution. 48. president to act on advice, etc in the exercise of his functions, the president shall act on and in accordance with the advice of the cabinet or the prime minister: provided that within fifteen days the president may require the cabinet or, as the case may be, the prime minister to reconsider such advice, either generally or otherwise, and the president shall, within ten days, act in accordance with the advice tendered after such reconsideration. notwithstanding anything contained in clause (1), the president shall act in his discretion in respect of any matter in respect of which he is empowered by the constitution to do so and the validity of anything done by the president in his discretion shall not be called in question on any ground whatsoever. the question whether any, and if so what, advice was tendered to the president by the cabinet, the prime minister, a minister or minister of state shall not be inquired into in, or by, any court, tribunal or other authority. where the president dissolves the national assembly, notwithstanding anything contained in clause (1), he shall,appoint a date, not later than ninety days from the date of the dissolution, for the holding of a general election to the assembly; and appoint a care-taker cabinet in accordance with the provisions of article 224 or, as the case may be, article 224a if at any time the prime minister considers it necessary to hold a referendum on any matter of national importance, he may refer the matter to a joint sitting of the majlis-e-shoora (parliament) and if it is approved in a joint sitting, the prime minister may cause such matter to be referred to a referendum in the form of a question that is capable of being answered by either "yes" or "no". an act of majlis-e-shoora (parliament) may lay down the procedure for the holding of a referendum and the compiling and consolidation of the result of a referendum. 49. chairman or speaker to act as, or perform functions of, president if the office of president becomes vacant by reason of death, resignation or removal of the president, the chairman or, if he is unable to perform the functions of the office of president, the speaker of the national assembly shall act as president until a president is elected in accordance with clause (3) of article 41. when the president, by reason of absence from pakistan or any other cause, is unable to perform his functions, the chairman or, if he too is absent or unable to perform the functions of the office of president, the speaker of the national assembly shall perform the functions of president until the president returns to pakistan or, as the case may be, resumes his functions. chapter 2. the majlis-e-shoora (parliament section 1. composition, duration and meetings of majlis-e-shoora (parliament 50. majlis-e-shoora (parliament there shall be a majlis-e-shoora (parliament) of pakistan consisting of the president and two houses to be known respectively as the national assembly and the senate. 51. national assembly there shall be three hundred and thirty-six seats for members in the national assembly, including seats reserved for women and non-muslims. a person shall be entitled to vote ifhe is a citizen of pakistan; he is not less than eighteen years of age; his name appears on the electoral roll; and he is not declared by a competent court to be unsound mind. the seats in the national assembly referred to in clause (1), except the seats mentioned in clause (4), shall be allocated to each province and the federal capital as under:balochistan: general seats 16, women seats 4, total seats 20 khyber pkhtunkhwa: general seats 45, women seats 10, total seats 55 punjab: general seats 141, women seats 32, total seats 173 sindh: general seats 61, women seats 14, total seats 75 federal capital: general seats 3, women seats -, total seats 3 total: general seats 266, women seats 60, total seats 326 notwithstanding anything contained in clause (3) or any other law for the time being in force, the members of the national assembly from the federally administered tribal areas to be elected in the general elections, 2018 shall continue till dissolution of the national assembly and thereafter this clause shall stand omied. in addition to the number of seats referred to in clause (3), there shall be, in the national assembly, ten seats reserved for non-muslims. the seats in the national assembly shall be allocated to each province and the federal capital on the basis of population in accordance with the last preceding census officially published: provided that for purposes of the next general elections to be held in 2018 and bye-elections related thereto, the allocation shall be made on the basis of provisional results of the 2017 census which shall be published by the federal government. for the purpose of election to the national assembly,the constituencies for the general seats shall be single member territorial constituencies and the members to fill such seats shall be elected by direct and free vote in accordance with law; each province shall be a single constituency for all seats reserved for women which are allocated to the respective provinces under clause (3); the constituency for all seats reserved for non-muslims shall be the whole country; members to the seats reserved for women which are allocated to a province under clause (3) shall be elected in accordance with law through proportional representation system of political parties' lists of candidates on the basis of total number of general seats secured by each political party from the province concerned in the national assembly: provided that for the purpose of this paragraph the total number of general seats won by a political party shall include the independent returned candidate or candidates who may duly join such political party within three days of the publication in the official gazette of the names of the returned candidates; and members to the seats reserved for non-muslims shall be elected in accordance with law through proportional representation system of political parties' lists of candidates on the basis of total number of general seats won by each political party in the national assembly: provided that for the purpose of this paragraph the total number of general seats won by a political party shall include the independent returned candidate or candidates who may duly join such political party within three days of the publication in the official gazette of the names of the returned candidates. 52. duration of national assembly the national assembly shall, unless sooner dissolved, continue for a term of five years from the day of its first meeting and shall stand dissolved at the expiration of its term. 53. speaker and deputy speaker of national assembly after a general election, the national assembly shall, at its first meeting and to the exclusion of any other business, elect from amongst its members a speaker and a deputy speaker and, so often as the office of speaker or deputy speaker becomes vacant, the assembly shall elect another member as speaker or, as the case may be, deputy speaker. before entering upon office, a member elected as speaker or deputy speaker shall make before the national assembly oath in the form set out in the third schedule. when the office of speaker is vacant, or the speaker is absent or is unable to perform his functions due to any cause, the deputy speaker shall act as speaker, and if, at that time, the deputy speaker is also absent or is unable to act as speaker due to any cause, such member as may be determined by the rules of procedure of the assembly shall preside at the meeting of the assembly. the speaker or the deputy speaker shall not preside at a meeting of the assembly when a resolution for his removal from office is being considered. the speaker may, by writing under his hand addressed to the president, resign his office. the deputy speaker may, by writing under his hand addressed to the speaker, resign his office. the office of speaker or deputy speaker shall become vacant ifhe resigns his office; he ceases to be a member of the assembly; or he is removed from office by a resolution of the assembly, of which not less than seven days' notice has been given and which is passed by the votes of the majority of the total membership of the assembly. when the national assembly is dissolved, the speaker shall continue in his office till the person elected to fill the office by the next assembly enters upon his office. 54. summoning and prorogation of majlis-e-shoora (parliament) the president may, from time to time, summon either house or both houses or majlis-e-shoora (parliament) in joint sitting to meet at such time and place as he thinks fit and may also prorogue the same. there shall be at least three sessions of the national assembly every year, and not more than one hundred and twenty days shall intervene between the last sitting of the assembly in one session and the date appointed for its first sitting in the next session: provided that the national assembly shall meet for not less than one hundred and thirty working days in each year. explanation.in this clause, "working days" includes any day on which there is a joint sitting and any period, not exceeding two days, for which the national assembly is adjourned. on a requisition signed by not less than one-fourth of the total membership of the national assembly, the speaker shall summon the national assembly to meet, at such time and place as he thinks fit, within fourteen days of the receipt of the requisition; and when the speaker has summoned the assembly only he may prorogue it. 55. voting in assembly and quorum subject to the constitution, all decisions of the national assembly shall be taken by majority of the members present and voting, but the person presiding shall not vote except in the case of equality of votes. if at any time during a sitting of the national assembly the attention of the person presiding is drawn to the fact that less than one-fourth of the total membership of the assembly is present, he shall either adjourn the assembly or suspend the meeting until at least one-fourth of such membership is present. 56. address by president the president may address either house or both houses assembled together and may for that purpose require the attendance of the members. the president may send messages to either house, whether with respect to a bill then pending in the majlis-e-shoora (parliament) or otherwise, and a house to which any message is so sent shall with all convenient despatch consider any matter required by the message to be taken into consideration. at the commencement of the first session after each general election to the national assembly and at the commencement of the first session of each year the president shall address both houses assembled together and inform the majlis-e-shoora (parliament) of the causes of its summons. provision shall be made in the rules for regulating the procedure of a house and the conduct of its business for the allotment of time for discussion of the matters referred to in the address of the president. 57. right to speak in majlis-e-shoora (parliament the prime minister, a federal minister, a minister of state and the attorney general shall have the right to speak and otherwise take part in the proceedings of either house, or a joint sitting or any committee thereof, of which he may be named a member, but shall not by virtue of this article be entitled to vote. 58. dissolution of national assembly the president shall dissolve the national assembly if so advised by the prime minister; and the national assembly shall, unless sooner dissolved, stand dissolved at the expiration of forty-eight hours after the prime minister has so advised. explanation.reference in this article to "prime minister" shall not be construed to include reference to a prime minister against whom a notice of a resolution for a vote of no-confidence has been given in the national assembly but has not been voted upon or against whom such a resolution has been passed or who is continuing in office after his resignation or after the dissolution of the national assembly. notwithstanding anything contained in clause (2) of article 48, the president may also dissolve the national assembly in his discretion where, a vote of no-confidence having been passed against the prime minister, no other member of the national assembly command the confidence of the majority of the members of the national assembly in accordance with the provisions of the constitution, as ascertained in a session of the national assembly summoned for the purpose. 59. the senate the senate shall consist of ninety-six members, of whom,fourteen shall be elected by the members of each provincial assembly; [omitted by the constitution (twenty-fifth amendment) act, 2017 (37 of 2018)] two on general seats, and one woman and one technocrat including aalim shall be elected from the federal capital in such manner as the president may, by order, prescribe; four women shall be elected by the members of each provincial assembly; four technocrats including ulema shall be elected by the members of each provincial assembly; and four non-muslims, one from each province, shall be elected by the members of each provincial assembly: provided that paragraph (f) shall be effective from the next senate election after the commencement of the constitution (eighteenth amendment) act, 2010. election to fill seats in the senate allocated to each province shall be held in accordance with the system of proportional representation by means of the single transferable vote. the senate shall not be subject to dissolution but the term of its members, who shall retire as follows, shall be six years:of the members referred to in paragraph (a) of clause (1), seven shall retire after the expiration of the first three years and seven shall retire after the expiration of the next three years; [omitted by the constitution (twenty-fifth amendment) act, 2017 (37 of 2018)] of the members referred to in paragraph (c) of the aforesaid clause,one elected on general seat shall retire after the expiration of the first three years and the other one shall retire after the expiration of the next three years; and one elected on the seat reserved for technocrat shall retire after first three years and the one elected on the seat reserved for woman shall retire after the expiration of the next three years; of the members referred to in paragraph (d) of the aforesaid clause, two shall retire after the expiration of the first three years and two shall retire after the expiration of the next three years; of the members referred to in paragraph (e) of the aforesaid clause, two shall retire after the expiration of the first three years and two shall retire after the expiration of the next three years; and of the members referred to in paragraph (f) of the aforesaid clause, two shall retire after the expiration of first three years and two shall retire after the expiration of next three years: provided that the election commission for the first term of seats for non-muslims shall draw a lot as to which two members shall retire after the first three years. notwithstanding the omission of paragraph (b) of clause (1) and the omission of paragraph (b) of clause (3), the exiting members of the senate from the federally administered tribal areas shall continue till expiry of their respective terms of office and on the expiry of the aforesaid terms this clause shall stand omitted. the term of office of a person elected to fill a casual vacancy shall be the unexpired term of the member whose vacancy he has filled. 60. chairman and deputy chairman after the senate has been duly constituted, it shall, at its first meeting and to the exclusion of any other business, elect from amongst its members a chairman and a deputy chairman and, so often as the office of chairman or deputy chairman becomes vacant, the senate shall elect another member as chairman or, as the case may be, deputy chairman. the term of office of the chairman or deputy chairman shall be three years from the day on which he enters upon his office. 61. other provisions relating to senate the provisions of clauses (2) to (7) of article 53, clauses (2) and (3) of article 54 and article 55 shall apply to the senate as they apply to the national assembly and, in their application to the senate, shall have effect as if references therein to the national assembly, speaker and deputy speaker were references, respectively, to the senate chairman and deputy chairman and as if, in the proviso to the said clause (2) of article 54, for the words one hundred and thirty the words one hundred and ten were substituted. section 2. provisions as to members of majlis-e-shoora (parliament 62. qualifications for membership of majlis-e-shoora (parliament) a person shall not be qualified to be elected or chosen as a member of majlis-e-shoora (parliament) unlesshe is a citizen of pakistan; he is, in the case of the national assembly, not less than twenty-five years of age and is enrolled as a voter in any electoral roll inany part of pakistan, for election to a general seat or a seat reserved for non-muslims; and any area in a province from which she seeks membership for election to a seat reserved for women. he is, in the case of the senate, not less than thirty years of age and is enrolled as a voter in any area in a province or, as the case may be, the federal capital, from where he seeks membership; he is of good character and is not commonly known as one who violates islamic injunctions; he has adequate knowledge of islamic teachings and practices obligatory duties prescribed by islam as well as abstains from major sins; he is sagacious, righteous, non-profligate, honest and ameen, there being no declaration to the contrary by a court of law; and he has not, after the establishment of pakistan, worked against the integrity of the country or opposed the ideology of pakistan. the disqualifications specified in paragraphs (d) and (e) shall not apply to a person who is a non-muslim, but such a person shall have good moral reputation. 63. disqualifications for membership of majlis-e-shoora (parliament a person shall be disqualified from being elected or chosen as, and from being, a member of the majlis-e-shoora (parliament), ifhe is of unsound mind and has been so declared by a competent court; or he is an undischarged insolvent; or he ceases to be a citizen of pakistan, or acquires the citizenship of a foreign state; or he holds an office of profit in the service of pakistan other than an office declared by law not to disqualify its holder; or he is in the service of any statutory body or any body which is owned or controlled by the government or in which the government has a controlling share or interest; or being a citizen of pakistan by virtue of section 14b of the pakistan citizenship act, 1951 (ii of 1951), he is for the time being disqualified under any law in force in azad jammu and kashmir from being elected as a member of the legislative assembly of azad jammu and kashmir; or he has been convicted by a court of competent jurisdiction for propagating any opinion, or acting in any manner, prejudicial to the ideology of pakistan, or the sovereignty, integrity or security of pakistan, or the integrity, or independence of the judiciary of pakistan, or which defames or brings into ridicule the judiciary or the armed forces of pakistan, unless a period of five years has lapsed since his release; or he has been, on conviction for any offence involving moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release; or he has been dismissed from the service of pakistan or service of a corporation or office set up or, controlled by the federal government, provincial government or a local government on the grounds of misconduct, unless a period of five years has elapsed since his dismissal; or he has been removed or compulsorily retired from the service of pakistan or service of a corporation or office set up or controlled by the federal government, provincial government or a local government on the ground of misconduct, unless a period of three years has elapsed since his removal or compulsory retirement; or he has been in the service of pakistan or of any statutory body or any body which is owned or controlled by the government or in which the government has a controlling share or interest, unless a period of two years has elapsed since he ceased to be in such service; or he, whether by himself or by any person or body of persons in trust for him or for his benefit or on his account or as a member of a hindu undivided family, has any share or interest in a contract, not being a contract between a cooperative society and government, for the supply of goods to, or for the execution of any contract or for the performance of any service undertaken by, government: provided that the disqualification under this paragraph shall not apply to a personwhere the share or interest in the contract devolves on him by inheritance or succession or as a legatee, executor or administrator, until the expiration of six months after it has so devolved on him; where the contract has been entered into by or on behalf of a public company as defined in the companies ordinance, 1984 (xlvii of 1984), of which he is a shareholder but is not a director holding an office of profit under the company; or where he is a member of a hindu undivided family and the contract has been entered into by any other member of that family in the course of carrying on a separate business in which he has no share or interest; explanation.-in this article "goods" does not include agricultural produce or commodity grown or produced by him or such goods as he is, under any directive of government or any law for the time being in force, under a duty or obligation to supply; or he holds any office of profit in the service of pakistan other than the following offices, namely:an office which is not whole time office remunerated either by salary or by fee; the office of lumbardar, whether called by this or any other title; the qaumi razakars; any office the holder whereof, by virtue of such office, is liable to be called up for military training or military service under any law providing for the constitution or raising of a force; or he has obtained a loan for an amount of two million rupees or more, from any bank, financial institution, cooperative society or cooperative body in his own name or in the name of his spouse or any of his dependents, which remains unpaid for more than one year from the due date, or has got such loan written off; or he or his spouse or any of his dependents has defaulted in payment of government dues and utility expenses, including telephone, electricity, gas and water charges in excess of ten thousand rupees, for over six months, at the time of filing his nomination papers; or he is for the time being disqualified from being elected or chosen as a member of the majlis-e-shoora (parliament) or of a provincial assembly under any law for the time being in force. explanation.for the purposes of this paragraph "law" shall not include an ordinance promulgated under article 89 or article 128. if any question arises whether a member of the majlis-e-shoora (parliament) has become disqualified from being a member, the speaker or, as the case may be, the chairman shall, unless he decides that no such question has arisen, refer the question to the election commission within thirty days and if he fails to do so within the aforesaid period it shall be deemed to have been referred to the election commission. the election commission shall decide the question within ninety days from its receipt or deemed to have been received and if it is of the opinion that the member has become disqualified, he shall cease to be a member and his seat shall become vacant. 63a. disqualification on grounds of defection, etc if a member of a parliamentary party composed of a single political party in a houseresigns from membership of his political party or joins another parliamentary party; or votes or abstains from voting in the house contrary to any direction issued by the parliamentary party to which he belongs, in relation toelection of the prime minister or the chief minister; or a vote of confidence or a vote of no-confidence; or a money bill or a constitution (amendment) bill; he may be declared in writing by the party head to have defected from the political party, and the party head may forward a copy of the declaration to the presiding officer and the chief election commissioner and shall similarly forward a copy thereof to the member concerned: provided that before making the declaration, the party head shall provide such member with an opportunity to show cause as to why such declaration may not be made against him. explanation."party head" means any person, by whatever name called, declared as such by the party. a member of a house shall be deemed to be a member of a parliamentary party if he, having been elected as a candidate or nominee of a political party which constitutes the parliamentary party in the house or, having been elected otherwise than as a candidate or nominee of a political party, has become a member of such parliamentary party after such election by means of a declaration in writing. upon receipt of the declaration under clause (1), the presiding officer of the house shall within two days refer, and in case he fails to do so it shall be deemed that he has referred, the declaration to the chief election commissioner who shall lay the declaration before the election commission for its decision thereon confirming the declaration or otherwise within thirty days of its receipt by the chief election commissioner. where the election commission confirms the declaration, the member referred to in clause (1) shall cease to be a member of the house and his seat shall become vacant. any party aggrieved by the decision of the election commission may, within thirty days, prefer an appeal to the supreme court which shall decide the matter within ninety days from the date of the filing of the appeal. nothing contained in this article shall apply to the chairman or speaker of a house. for the purpose of this article,"house" means the national assembly or the senate, in relation to the federation; and a provincial assembly in relation to the province, as the case may be; "presiding officer" means the speaker of the national assembly, the chairman of the senate or the speaker of the provincial assembly, as the case may be. article 63a substituted as aforesaid shall come into effect from the next general elections to be held after the commencement of the constitution (eighteenth amendment) act, 2010: provided that till article 63a substituted as aforesaid comes into effect the provisions of existing article 63a shall remain operative. 64. vacation of seats a member of majlis-e-shoora (parliament) may, by writing under his hand addressed to the speaker or, as the case may be, the chairman resign his seat, and thereupon his seat shall become vacant. a house may declare the seat of a member vacant if, without leave of the house, he remains absent for forty consecutive days of its sittings. 65. oath of members a person elected to a house shall not sit or vote until he has made before the house oath in the form set out in the third schedule. 66. privileges of members, etc subject to the constitution and to the rules of procedure of majlis-e-shoora (parliament), there shall be freedom of speech in majlis-e-shoora (parliament) and no member shall be liable to any proceedings in any court in respect of anything said or any vote given by him in majlis-e-shoora (parliament), and no person shall be so liable in respect of the publication by or under the authority of majlis-e-shoora (parliament) of any report, paper, votes or proceedings. in other respects, the powers, immunities and privileges of majlis-e-shoora (parliament), and the immunities and privileges of the members of majlis-e-shoora (parliament), shall be such as may from time to time be defined by law and, until so defined, shall be such as were, immediately before the commencing day, enjoyed by the national assembly of pakistan and the committees thereof and its members. provision may be made by law for the punishment, by a house, of persons who refuse to give evidence or produce documents before a committee of the house when duly required by the chairman of the committee so to do: provided that any such lawmay empower a court to punish a person who refuses to give evidence or produce documents; and shall have effect subject to such order for safeguarding confidential matters from disclosure as may be made by the president. the provisions of this article shall apply to persons who have the right to speak in, and otherwise to take part in the proceedings of, majlis-e-shoora (parliament) as they apply to members. in this article, majlis-e-shoora (parliament) means either house or a joint sitting, or a committee thereof. section 3. procedure generally 67. rules of procedure, etc subject to the constitution, a house may make rules for regulating its procedure and the conduct of its business, and shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the house shall not be invalid on the ground that some persons who were not entitled to do so sat, voted or otherwise took part in the proceedings. until rules are made under clause (1), the procedure and conduct of business in a house shall be regulated by the rules of procedure made by the president. 68. restriction on discussion in majlis-e-shoora (parliament no discussion shall take place in majlis-e-shoora (parliament) with respect to the conduct of any judge of the supreme court or of a high court in the discharge of his duties. 69. courts not to inquire into proceedings of majlis-e-shoora (parliament) the validity of any proceedings in majlis-e-shoora (parliament) shall not be called in question on the ground of any irregularity of procedure. no officer or member of majlis-e-shoora parliament) in whom powers are vested by or under the constitution for regulating procedure or the conduct of business, or for maintaining order in majlis-e-shoora (parliament), shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers. in this article, majlis-e-shoora (parliament) has the same meaning as in article 66. section 4. legislative procedure 70. introduction and passing of bills a bill with respect to any matter in the federal legislative list may originate in either house and shall, if it is passed by the house in which it originated, be transmitted to the other house; and, if the bill is passed without amendment by the other house also, it shall be presented to the president for assent. if a bill transmitted to a house under clause (1) is passed with amendments it shall be sent back to the house in which it originated and if that house passes the bill with those amendments it shall be presented to the president for assent. if a bill transmitted to a house under clause (1) is rejected or is not passed within ninety days of its laying in the house or a bill sent to a house under clause (2) with amendments is not passed by that house with such amendments, the bill, at the request of the house in which it originated, shall be considered in a joint sitting and if passed by the votes of the majority of the members present and voting in the joint sitting it shall be presented to the president for assent. in this article and the succeeding provisions of the constitution, "federal legislative list" means the federal legislative list in the fourth schedule. 71. mediation committee [mediation committee omitted by the constitution (eighteenth amdt.) act, 2010 (10 of 2010), s. 24 as amended by various enactments.] 72. procedure at joint sittings the president, after consultation with the speaker of the national assembly and the chairman, may make rules as to the procedure with respect to the joint sittings of, and communications between, the two houses. at a joint sitting, the speaker of the national assembly or, in his absence, such person as may be determined by the rules made under clause (1), shall preside. the rules made under clause (1) shall be laid before a joint sitting and may be added to, varied, amended or replaced at a joint sitting. subject to the constitution, all decisions at a joint sitting shall be taken by the votes of the majority of the members present and voting. 73. procedure with respect to money bills notwithstanding anything contained in article 70, a money bill shall originate in the national assembly: provided that simultaneously when a money bill, including the finance bill containing the annual budget statement, is presented in the national assembly, a copy thereof shall be transmitted to the senate which may, within fourteen days, make recommendations thereon to the national assembly. the national assembly shall, consider the recommendations of the senate and after the bill has been passed by the assembly with or without incorporating the recommendations of the senate, it shall he presented to the president for assent. for the purposes of this chapter, a bill or amendment shall be deemed to be a money bill if it contains provisions dealing with all or any of the following matters, namely:the imposition, abolition, remission, alteration or regulation of any tax; the borrowing of money, or the giving of any guarantee, by the federal government, or the amendment of the law relating to the financial obligations of that government; the custody of the federal consolidated fund, the payment of moneys into, or the issue of moneys from, that fund; the imposition of a charge upon the federal consolidated fund, or the abolition or alteration of any such charge; the receipt of moneys on account of the public account of the federation, the custody or issue of such moneys; the audit of the accounts of the federal government or a provincial government; and any matter incidental to any of the matters specified in the preceding paragraphs. a bill shall not be deemed to be a money bill by reason only that it providesfor the imposition or alteration of any fine or other pecuniary penalty, or for the demand or payment of a licence fee or a fee or charge for any service rendered; or for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes. if any question arises whether a bill is a money bill or not, the decision of the speaker of the national assembly thereon shall be final. every money bill presented to the president for assent shall bear a certificate under the hand of the speaker of the national assembly that it is a money bill, and such certificate shall be conclusive for all purposes and shall not be called in question. 74. federal government's consent required for financial measures a money bill, or a bill or amendment which if enacted and brought into operation would involve expenditure from the federal consolidated fund or withdrawal from the public account of the federation or affect the coinage or currency of pakistan or the constitution or functions of the state bank of pakistan shall not be introduced or moved in majlis-e-shoora (parliament) except by or with the consent of the federal government. 75. president's assent to bills when a bill is presented to the president for assent, the president shall, within 3 ten days,assent to the bill; or in the case of a bill other than a money bill, return the bill to the majlis-e-shoora (parliament) with a message requesting that the bill or any specified provision thereof, be reconsidered and that any amendment specified in the message be considered. when the president has returned a bill to the majlis-e-shoora (parliament), it shall be reconsidered by the majlis-e-shoora (parliament) in joint sitting and, if it is again passed, with or without amendment, by the majlis-e-shoora (parliament), by the votes of the majority of the members of both houses present and voting, it shall be deemed for the purposes of the constitution to have been passed by both houses and shall be presented to the president, and the president shall give his assent within ten days, failing which such assent shall be deemed to have been given. when the president has assented or is deemed to have assented to a bill, it shall become law and be called an act of majlis-e-shoora (parliament). no act of majlis-e-shoora (parliament), and no provision in any such act, shall be invalid by reason only that some recommendation, previous sanction or consent required by the constitution was not given if that act was assented to in accordance with the constitution. 76. bill not to lapse on prorogation, etc a bill pending in either house shall not lapse by reason of the prorogation of the house. a bill pending in the senate which has not been passed by the national assembly shall not lapse on the dissolution of the national assembly. a bill pending in the national assembly, or a bill which having been passed by the national assembly is pending in the senate, shall lapse on the dissolution of the national assembly. 77. tax to be levied by law only no tax shall be levied for the purposes of the federation except by or under the authority of act of majlis-e-shoora (parliament). section 5. financial procedure 78. federal consolidated fund and public account all revenues received by the federal government, all loans raised by that government, and all moneys received by it in repayment of any loan, shall form part of a consolidated fund, to be known as the federal consolidated fund. all other moneysreceived by or on behalf of the federal government; or received by or deposited with the supreme court or any other court established under the authority of the federation; shall be credited to the public account of the federation. 79. custody, etc., of federal consolidated fund and public account the custody of the federal consolidated fund, the payment of moneys into that fund, the withdrawal of moneys therefrom, the custody of other moneys received by or on behalf of the federal government, their payment into, and withdrawal from, the public account of the federation, and all matters connected with or ancillary to the matters aforesaid shall be regulated by act of majlis-e-shoora (parliament) or, until provision in that behalf is so made, by rules made by the president. 80. annual budget statement the federal government shall, in respect of every financial year, cause to be laid before the national assembly a statement of the estimated receipt and expenditure of the federal government for that year, in this part, referred to as the annual budget statement. the annual budget statement shall show separatelythe sums required to meet expenditure described by the constitution as expenditure charged upon the federal consolidated fund; and the sums required to meet other expenditure proposed to be made from the federal consolidated fund; and shall distinguish expenditure on revenue account from other expenditure. 81. expenditure charged upon federal consolidated fund the following expenditure shall be expenditure charged upon the federal consolidated fund:the remuneration payable to the president and other expenditure relating to his office, and the remuneration payable tothe judges of the supreme court and the islamabad high court; the chief election commissioner; the chairman and the deputy chairman; the speaker and the deputy speaker of the national assembly; the auditor-general; the administrative expenses, including the remuneration payable to officers and staff, of the supreme court, the islamabad high court, the department of the auditor-general, the office of the chief election commissioner and of the election commission and the secretariats of the senate and the national assembly; all debt charges for which the federal government is liable, including interest, sinking fund charges, the repayment or amortisation of capital, and other expenditure in connection with the raising of loans, and the service and redemption of debt on the security of the federal consolidated fund; any sums required to satisfy any judgement, decree or award against pakistan by any court or tribunal; and any other sums declared by the constitution or by act of majlis-e-shoora (parliament) to be so charged. 82. procedure relating to annual budget statement so much of the annual budget statement as relates to expenditure charged upon the federal consolidated fund may be discussed in, but shall not be submitted to the vote of, the national assembly. so much of the annual budget statement as relates to other expenditure shall be submitted to the national assembly in the form of demands for grants, and the assembly shall have power to assent to, or to refuse to assent to, any demand, or to assent to any demand subject to a reduction of the amount specified therein: provided that, for a period of ten years from the commencing day or the holding of the second general election to the national assembly, whichever occurs later, a demand shall be deemed to have been assented to without any reduction of the amount specified therein, unless, by the votes of a majority of the total membership of the assembly, it is refused or assented to subject to a reduction of the amount specified therein. no demand for a grant shall be made except on the recommendation of the federal government. 83. authentication of schedule of authorized expenditure the prime minister shall authenticate by his signature a schedule specifyingthe grants made or deemed to have been made by the national assembly under article 82, and the several sums required to meet the expenditure charged upon the federal consolidated fund but not exceeding, in the case of any sum, the sum shown in the statement previously laid before the national assembly. the schedule so authenticated shall be laid before the national assembly, but shall not be open to discussion or vote thereon. subject to the constitution, no expenditure from the federal consolidated fund shall be deemed to be duly authorised unless it is specified in the schedule so authenticated and such schedule is laid before the national assembly as required by clause (2). 84. supplementary and excess grants if in respect of any financial year it is foundthat the amount authorized to be expended for a particular service for the current financial year is insufficient, or that a need has arisen for expenditure upon some new service not included in the annual budget statement for that year; or that any money has been spent on any service during a financial year in excess of the amount granted for that service for that year; the federal government shall have power to authorize expenditure from the federal consolidated fund, whether the expenditure is charged by the constitution upon that fund or not, and shall cause to be laid before the national assembly supplementary budget statement or, as the case may be, an excess budget statement, setting out the amount of that expenditure, and the provisions of articles 80 to 83 shall apply to those statements as they apply to the annual budget statement. 85. votes on account notwithstanding anything contained in the foregoing provisions relating to financial matters, the national assembly shall have power to make any grant in advance in respect of the estimated expenditure for a part of any financial year, not exceeding four months, pending completion of the procedure prescribed in article 82 for the voting of such grant and the authentication of the schedule of authorized expenditure in accordance with the provisions of article 83 in relation to the expenditure. 86. power to authorize expenditure when assembly stands dissolved notwithstanding anything contained in the foregoing provisions relating to financial matters, at any time when the national assembly stands dissolved, the federal government may authorize expenditure from the federal consolidated fund in respect of the estimated expenditure for a period not exceeding four months in any financial year, pending completion of the procedure prescribed in article 82 for the voting of grants and the authentication of the schedule of authorized expenditure in accordance with the provisions of article 83 in relation to the expenditure. 87. secretariats of majlis-e-shoora (parliament each house shall have a separate secretariat: provided that nothing in this clause shall be construed as preventing the creation of posts common to both houses. majlis-e-shoora (parliament) may by law regulate the recruitment and the conditions of service of persons appointed to the secretarial staff of either house. until provision is made by majlis-e-shoora (parliament) under clause (2), the speaker or, as the case may be, the chairman may, with the approval of the president, make rules regulating the recruitment, and the conditions of service, of persons appointed to the secretarial staff of the national assembly or the senate. 88. finance committees the expenditure of the national assembly and the senate within authorised appropriations shall be controlled by the national assembly or, as the case may be, the senate acting on the advice of its finance committee. the finance committee shall consist of the speaker or, as the case may be, the chairman, the minister of finance and such other members as may be elected thereto by the national assembly or, as the case may be, the senate. the finance committee may make rules for regulating its procedure. section 6. ordinances 89. power of president to promulgate ordinances the president may, except when the senate or national assembly is in session, if satisfied that circumstances exist which render it necessary to take immediate action, make and promulgate an ordinance as the circumstances may require. an ordinance promulgated under this article shall have the same force and effect as an act of majlis-e-shoora (parliament) and shall be subject to like restrictions as the power of majlis-e-shoora (parliament) to make law, but every such ordinanceshall be laidbefore the national assembly if it contains provisions dealing with all or any of the matters specified in clause (2) of article 73, and shall stand repealed at the expiration of one hundred and twenty days from its promulgation or, if before the expiration of that period a resolution disapproving it is passed by the assembly, upon the passing of that resolution: provided that the national assembly may by a resolution extend the ordinance for a further period of one hundred and twenty days and it shall stand repealed at the expiration of the extended period, or if before the expiration of that period a resolution disapproving it is passed by the assembly, upon the passing of that resolution: provided further that extension for further period may be made only once. before both houses if it does not contain provisions dealing with any of the matters referred to in sub-paragraph (i), and shall stand repealed at the expiration of one hundred and twenty days from its promulgation or, if before the expiration of that period a resolution disapproving it is passed by either house, upon the passing of that resolution: provided that either house may by a resolution extend it for a further period of one hundred and twenty days and it shall stand repealed at the expiration of the extended period, or if before the expiration of that period a resolution disapproving it is passed by a house, upon the passing of that resolution: provided further that extension for a further period may be made only once; and may be withdrawn at any time by the president. without prejudice to the provisions of clause (2),an ordinance laid before the national assembly under subparagraph (i) of paragraph (a) of clause (2) shall be deemed to be a bill introduced in the national assembly; and an ordinance laid before both houses under sub-paragraph (ii) of paragraph (a) of clause (2) shall be deemed to be a bill introduced in the house where it was first laid. chapter 3. the federal government 90. exercise of executive authority of the federation subject to the constitution, the executive authority of the federation shall be exercised in the name of the president by the federal government, consisting of the prime minister and the federal ministers, which shall act through the prime minister, who shall be the chief executive of the federation. in the performance of his functions under the constitution, the prime minister may act either directly or through the federal minister. 91. the cabinet there shall be a cabinet of ministers, with the prime minister at its head, to aid and advise the president in the exercise of his functions. the national assembly shall meet on the twenty-first day following the day on which a general election to the assembly is held, unless sooner summoned by the president. after the election of the speaker and the deputy speaker, the national assembly shall, to the exclusion of any other business, proceed to elect without debate one of its muslim members to be the prime minister. the prime minister shall be elected by the votes of the majority of the total membership of the national assembly: provided that, if no member secures such majority in the first poll, a second poll shall be held between the members who secure the two highest numbers of votes in the first poll and the member who secures a majority of votes of the members present and voting shall be declared to have been elected as prime minister: provided further that, if the number of votes secured by two or more members securing the highest number of votes is equal, further poll shall be held between them until one of them secures a majority of votes of the members present and voting. the member elected under clause (4) shall be called upon by the president to assume the office of prime minister and he shall, before entering upon the office, make before the president oath in the form set out in the third schedule: provided that there shall be no restriction on the number of terms for the office of the prime minister. the cabinet, together with the ministers of state, shall be collectively responsible to the senate and the national assembly. the prime minister shall hold office during the pleasure of the president, but the president shall not exercise his powers under this clause unless he is satisfied that the prime minister does not command the confidence of the majority of the members of the national assembly, in which case he shall summon the national assembly and require the prime minister to obtain a vote of confidence from the assembly. the prime minister may, by writing under his hand addressed to the president, resign his office. a minister who for any period of six consecutive months is not a member of the national assembly shall, at the expiration of that period, cease to be a minister and shall not before the dissolution of that assembly be again appointed a minister unless he is elected a member of that assembly: provided that nothing contained in this clause shall apply to a minister who is member of the senate. nothing contained in this article shall be construed as disqualifying the prime minister or any other minister or a minister of state for continuing in office during any period during which the national assembly stands dissolved, or as preventing the appointment of any person as prime minister or other minister or a minister of state during any such period. 92. federal ministers and ministers of state subject to clauses (9) and (10) of article 91, the president shall appoint federal ministers and ministers of state from amongst the members of majlis-e-shoora (parliament) on the advice of the prime minister: provided that the number of federal ministers and ministers of state who are members of the senate shall not at any time exceed one-fourth of the number of federal ministers: provided further that the total strength of the cabinet, including ministers of state, shall not exceed eleven percent of the total membership of majlis-e-shoora (parliament): provided also that the aforesaid amendment shall be effective from the next general election held after the commencement of the constitution eighteenth amendment) act, 2010. before entering upon office, a federal minister or minister of state shall make before the president oath in the form set out in the third schedule. a federal minister or minister of state may, by writing under his hand addressed to the president, resign his office or may be removed from office by the president on the advice of the prime minister. 93. advisers the president may, on the advice of the prime minister, appoint not more than five advisers, on such terms and conditions as he may determine. the provisions of article 57 shall also apply to an adviser. 94. prime minister continuing in office the president may ask the prime minister to continue to hold office until his successor enters upon the office of prime minister. 95. vote of no-confidence against prime minister a resolution for a vote of no-confidence moved by not less than twenty per centum of the total membership of the national assembly may be passed against the prime minister by the national assembly. a resolution referred to in clause (1) shall not be voted upon before the expiration of three days, or later than seven days, from the day on which such resolution is moved in the national assembly. a resolution referred to in clause (1) shall not be moved in the national assembly while the national assembly is considering demands for grants submitted to it in the annual budget statement. if the resolution referred to in clause (1) is passed by a majority of the total membership of the national assembly, the prime minister shall cease to hold office. 96. vote of no confidence against prime minister [omitted by substitution through renumbering vide p. 0. no. 14 of 1985, art. 2 and sch.] 97. extent of executive authority of federation subject to the constitution, the executive authority of the federation shall extend to the matters with respect to which majlis-e-shoora (parliament) has power to make laws, including exercise of rights, authority and jurisdiction in and in relation to areas outside pakistan: provided that the said authority shall not, save as expressly provided in the constitution or in any law made by majlis-e-shoora (parliament), extend in any province to a matter with respect to which the provincial assembly has also power to make laws. 98. conferring of functions on subordinate authorities on the recommendation of the federal government, majlis-e-shoora (parliament) may by law confer functions upon officers or authorities subordinate to the federal government. 99. conduct of business of federal government all executive actions of the federal government shall be expressed to be taken in the name of the president. the federal government shall by rules specify the manner in which orders and other instruments made and executed in his name of the president shall be authenticated, and the validity of any order or instrument so authenticated shall not be questioned in any court on the ground that it was not made or executed by the president. the federal government shall also make rules for the allocation and transaction of its business. 100. attorney-general for pakistan the president shall appoint a person, being a person qualified to be appointed a judge of the supreme court, to be the attorney-general for pakistan. the attorney-general shall hold office during the pleasure of the president and shall not engage in private practice so long as he holds the office of the attorney-general. it shall be the duty of the attorney-general to give advice to the federal government upon such legal matters, and to perform such other duties of a legal character, as may be referred or assigned to him by the federal government, and in the performance of his duties he shall have the right of audience in all courts and tribunals in pakistan. the attorney-general may, by writing under his hand addressed to the president, resign his office. part iv. provinces chapter 1. the governors 101. appointment of governor there shall be a governor for each province, who shall be appointed by the president on the advise of the prime minister. a person shall not be appointed a governor unless he is qualified to be elected as a member of the national assembly and is not less than thirty-five years of age and is a registered voter and resident of the province concerned. the governor shall hold office during the pleasure of the president and shall be entitled to such salary, allowances and privileges as the president may determine. the governor may, by writing under his hand addressed to the president, resign his office. the president may make such provision as he thinks fit for the discharge of the functions of a governor in any contingency not provided for in this part. 102. oath of office before entering upon office, the governor shall make before the chief justice of the high court oath in the form set out in the third schedule. 103. conditions of governor's office the governor shall not hold any office of profit in the service of pakistan or occupy any other position carrying the right to remuneration for the rendering of services. the governor shall not be a candidate for election as a member of majlis-e-shoora (parliament) or a provincial assembly and, if a member of majlis-e-shoora (parliament) or a provincial assembly is appointed as governor, his seat in majlis-e-shoora (parliament) or, as the case may be, the provincial assembly shall become vacant on the day he enters upon his office. 104. speaker provincial assembly to act as, or perform functions of governor in his absence when the governor, by reason of absence from pakistan or for any other cause, is unable to perform his functions, the speaker of the provincial assembly and in his absence any other person as the president may nominate shall perform the functions of governor until the governor returns to pakistan or, as the case may be, resumes his functions. 105. governor to act on advice, etc subject to constitution, in the performance of his functions, the governor shall act on and in accordance with the advice of the cabinet or the chief minister: provided that within fifteen days the governor may require the cabinet or, as the case may be, the chief minister to reconsider such advice, whether generally or otherwise, and the governor shall, within ten days, act in accordance with the advice tendered after such reconsideration. the question whether any, and if so what, advice was tendered to the governor by the chief minister or the cabinet shall not be inquired into in, or by, any court, tribunal or other authority. where the governor dissolves the provincial assembly, notwithstanding anything contained in clause (1), he shall,appoint a date, not later than ninety days from the date of dissolution, for the holding of a general election to the assembly; and appoint a care-taker cabinet. [omitted] the provisions of clause (2) of article 48 shall have effect in relation to a governor as if reference therein to "president" were reference to "governor". chapter 2. provincial assemblies 106. constitution of provincial assemblies each provincial assembly shall consist of general seats and seats reserved for women and non-muslims as specified herein below:baluchistan: general seats 51, women 11, non-muslims 3, total 65 khyber pakhtunkhwa: general seats 115, women 26, non-muslims 4, total 145 the punjab: general seats 297, women 66, non-muslims 8, total 371 sindh: general seats 130, women 29, non-muslims 9, total 168 the seats for the province of khyber pakhtunkhwa, referred to in clause (1), include sixteen general seats, four seats for the women and one seat for non-muslims in respect of the federally administered tribal areas: provided that elections to the aforesaid seats shall be held within one year after the general elections, 2018. after elections to seats referred to in clause (1a), both clause (1a) and this clause shall stand omitted. a person shall be entitled to vote ifhe is a citizen of pakistan; he is not less than eighteen years of age; his name appears on the electoral roll for any area in the province; and he is not declared by a competent court to be of unsound mind. for the purpose of election to a provincial assembly,the constituencies for the general seats shall be single member territorial constituencies and the members to fill such seats shall be elected by direct and free vote; each province shall be a single constituency for all seats reserved for women and non-muslims allocated to the respective provinces under clause (1); the members to fill seats reserved for women and nonmuslims allocated to a province under clause (1) shall be elected in accordance with law through proportional representation system of political parties' lists of candidates on the basis of the total number of general seats secured by each political party in the provincial assembly: provided that for the purpose of this sub-clause, the total number of general seats won by a political party shall include the independent returned candidate or candidates who may duly join such political party within three days of the publication in the official gazette of the names of the returned candidates. 107. duration of provincial assembly a provincial assembly shall, unless sooner dissolved, continue for a term of five years from the day of its first meeting and shall stand dissolved at the expiration of its term. 108. speaker and deputy speaker after a general election, a provincial assembly shall, at its first meeting and to the exclusion of any other business, elect from amongst its members a speaker and a deputy speaker and, so often as the office of speaker or deputy speaker becomes vacant, the assembly shall elect another member as speaker or, as the case may be, deputy speaker. 109. summoning and prorogation of provincial assembly the governor may from time to timesummon the provincial assembly to meet at such time and place as he thinks fit; and prorogue the provincial assembly. 110. right of governor to address provincial assembly the governor may address the provincial assembly and may for that purpose require the attendance of the members. 111. right to speak in provincial assembly the advocate-general shall have the right to speak and otherwise take part in the proceedings of the provincial assembly or any committee thereof of which he may be named a member, but shall not by virtue of this article be entitled to vote. 112. dissolution of provincial assembly the governor shall dissolve the provincial assembly if so advised by the chief minister; and the provincial assembly shall, unless sooner dissolved, stand dissolved at the expiration of forty-eight hours after the chief minister has so advised. explanation.reference in this article to 'chief minister' shall not be construed to include reference to a chief minister against whom a notice of a resolution for a vote of no-confidence has been given in the provincial assembly but has not been voted upon or against whom a resolution for a vote of no-confidence has been passed. the governor may also dissolve the provincial assembly in his discretion, but subject to the previous approval of the president, where a vote of no-confidence having been passed against the chief minister, no other member of the provincial assembly commands the confidence of the majority of the members of the provincial assembly in accordance with the provisions of the constitution, as ascertained in a session of the provincial assembly summoned for the purpose. 113. qualifications and disqualifications for membership of provincial assembly the qualifications and disqualifications for membership of the national assembly set out in articles 62 and 63 shall also apply for membership of a provincial assembly as if reference therein to "national assembly" were a reference to "provincial assembly". 114. restriction on discussion in provincial assembly no discussion shall take place in a provincial assembly with respect to the conduct of any judge of the supreme court or of a high court in the discharge of his duties. 115. provincial government's consent required for financial measures a money bill, or a bill or amendment which if enacted and brought into operation would involve expenditure from the provincial consolidated fund or withdrawal from the public account of the province shall not be introduced or moved in the provincial assembly except by or with the consent of the provincial government. for the purposes of this article, a bill or amendment shall be deemed to be a money bill if it contains provisions dealing with all or any of the following matters, namely: the imposition, abolition, remission, alteration or regulation of any tax; the borrowing of money, or the giving of any guarantee, by the provincial government or the amendment of the law relating to the financial obligations of that government; the custody of the provincial consolidated fund, the payment of moneys into, or issue of moneys from, that fund; the imposition of a charge upon the provincial consolidated fund, or the abolition or alteration of any such charge; the receipt of moneys on account of the public account of the province, the custody or issue of such moneys; and any matter incidental to any of the matters specified in the preceding paragraphs. a bill shall not be deemed to be a money bill by reason only that it providesfor the imposition or alteration of any fine or other pecuniary penalty or for the demand or payment of a licence fee or a fee or charge for any service rendered; or for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes. if any question arises whether a bill is a money bill or not, the decision of the speaker of the provincial assembly thereon shall be final. every money bill presented to the governor for assent shall bear a certificate under the hand of the speaker of the provincial assembly that it is a money bill and such certificate shall be conclusive for all purposes and shall not be called in question. 116. governor's assent to bills when a bill has been passed by the provincial assembly, it shall be presented to the governor for assent. when a bill is presented to the governor for assent, the governor shall, within ten days,assent to the bill; or in the case of a bill other than a money bill, return the bill to the provincial assembly with a message requesting that the bill, or any specified provision thereof, be reconsidered and that any amendment specified in the message be considered. when the governor has returned a bill to the provincial assembly, it shall be reconsidered by the provincial assembly and, if it is again passed, with or without amendment, by the provincial assembly, by the votes of the majority of the members of the provincial assembly present and voting, it shall be again presented to the governor and the governor shall give his assent within ten days, failing which such assent shall be deemed to have been given. when the governor has assented or his deemed to have assented to a bill, it shall become law and be called an act of provincial assembly. no act of a provincial assembly, and no provision in any such act, shall be invalid by reason only that some recommendation, previous sanction or consent required by the constitution was not given if that act was assented to in accordance with the constitution. 117. bill not to lapse on prorogation, etc a bill pending in a provincial assembly shall not lapse by reason of the prorogation of the assembly. a bill pending in a provincial assembly shall lapse on the dissolution of the assembly. section 1. financial procedure 118. provincial consolidated fund and public account all revenues received by the provincial government, all loans raised by that government, and all moneys received by it in repayment of any loan, shall form part of a consolidated fund, to be known as the provincial consolidated fund. all other moneysreceived by or on behalf of the provincial government; or received by or deposited with the high court or any other court established under the authority of the province; shall be credited to the public account of the province. 119. custody, etc., of provincial consolidated fund and public account the custody of the provincial consolidated fund, the payment of moneys into that fund, the withdrawal of moneys therefrom, the custody of other moneys received by or on behalf of the provincial government, their payment into, and withdrawal from, the public account of the province, and all matters connected with or ancillary to the matters aforesaid, shall be regulated by act of the provincial assembly or, until provision in that behalf is so made, by rules made by the governor. 120. annual budget statement the provincial government shall, in respect of every financial year, cause to be laid before the provincial assembly statement of the estimated receipts and expenditure of the provincial government for that year, in this chapter referred to as the annual budget statement. the annual budget statement shall show separatelythe sums required to meet expenditure described by the constitution as expenditure charged upon the provincial consolidated fund; and the sums required to meet other expenditure proposed to be made from the provincial consolidated fund; and shall distinguish expenditure on revenue account from other expenditure. 121. expenditure charged upon provincial consolidated fund the following expenditure shall be expenditure charged upon the provincial consolidated fund:the remuneration payable to the governor and other expenditure relating to his office, and the remuneration payable tothe judges of the high court; and the speaker and deputy speaker of the provincial assembly; the administrative expenses, including the remuneration payable to officers and servants, of the high court and the secretariat of the provincial assembly; all debt charges for which the provincial government is liable, including interest, sinking fund charges, the repayment or amortisation of capital, and other expenditure in connection with the raising of loans, and the service and redemption of debt on the security of the provincial consolidated fund; any sums required to satisfy any judgement, decree or award against the province by any court or tribunal; and any other sums declared by the constitution or by act of the provincial assembly to be so charged. 122. procedure relating to annual budget statement so much of the annual budget statement as relates to expenditure charged upon the provincial consolidated fund may be discussed in, but shall not be submitted to the vote of the provincial assembly. so much of the annual budget statement as relates to other expenditure shall be submitted to the provincial assembly in the form of demands for grants, and that assembly shall have power to assent to, or to refuse to assent to, any demand, or to assent to any demand subject to a reduction of the amount specified therein: no demand for a grant shall be made except on the recommendation of the provincial government. 123. authentication of schedule of authorized expenditure the chief minister shall authenticate by his signature a schedule specifyingthe grants made or deemed to have been made by the provincial assembly under article 122, and the several sums required to meet the expenditure charged upon the provincial consolidated fund but not exceeding, in the case of any sum, the sum shown in the statement previously laid before the assembly. the schedule so authenticated shall be laid before the provincial assembly, but shall not be open to discussion or vote thereon. subject to the constitution, no expenditure from the provincial consolidated fund shall be deemed to be duly authorized unless it is specified in the schedule so authenticated and such schedule is laid before the provincial assembly as required by clause (2). 124. supplementary and excess grant if in respect of any financial year it is foundthat the amount authorized to be expended for a particular service for the current financial year is insufficient, or that a need has arisen for expenditure upon some new service not included in the annual budget statement for that year; or that any money has been spent on any service during a financial year in excess of the amount granted for that service for that year; the provincial government shall have power to authorize expenditure from the provincial consolidated fund, whether the expenditure is charged by the constitution upon that fund or not, and shall cause to be laid before the provincial assembly a supplementary budget statement or, as the case may be, an excess budget statement, setting out the amount of that expenditure, and the provisions of articles 120 to 123 shall apply to those statements as they apply to the annual budget statement. 125. votes on account notwithstanding anything contained in the foregoing provisions relating to financial matters, the provincial assembly shall have power to make any grant in advance in respect of the estimated expenditure for a part of any financial year, not exceeding three months, pending completion of the procedure prescribed in article 122 for the voting of such grant and the authentication of the schedule of expenditure in accordance with the provisions of article 123 in relation to the expenditure. 126. power to authorize expenditure when assembly stands dissolved notwithstanding anything contained in the foregoing provisions relating to financial matters, at any time when the provincial assembly stands dissolved, the provincial government may authorize expenditure from the provincial consolidated fund in respect of the estimated expenditure for a period not exceeding four months in any financial year, pending completion of the procedure prescribed in article 122 for the voting of grants and the authentication of the schedule of authorized expenditure, in accordance with the provisions of article 123 in relation to the expenditure. 127. provisions relating to national assembly, etc., to apply to provincial assembly, etc subject to the constitution, the provisions of clauses (2) to (8) of article 53, clauses (2) and (3) of article 54, article 55, articles 63 to 67, article 69, article 77, article 87 and article 88 shall apply to and in relation to a provincial assembly or a committee or members thereof or the provincial government but so thatany reference in those provisions to majlis-e-shoora (parliament), a house or the national assembly shall be read as a reference to the provincial assembly; any reference in those provisions to the president shall be read as a reference to the governor of the province; any reference in those provisions to the federal government shall be read as a reference to the provincial government; any reference in those provisions to the prime minister shall be read as a reference to the chief minister; any reference in those provisions to a federal minister shall be read as a reference to a provincial minister; any reference in those provisions to the national assembly of pakistan shall be read as a reference to the provincial assembly in existence immediately before the commencing day; and the said clause (2) of article 54 shall have effect as if, in the proviso thereto, for the words "one hundred and thirty" the word "one hundred" were substituted. section 2. ordinances 128. power of governor to promulgate ordinances the governor may, except when the provincial assembly is in session, if satisfied that circumstances exist which render it necessary to take immediate action, make and promulgate an ordinance as the circumstances may require. an ordinance promulgated under this article shall have the same force and effect as an act of the provincial assembly and shall be subject to like restrictions as the power of the provincial assembly to make laws, but every such ordinanceshall be laid before the provincial assembly and shall stand repealed at the expiration of ninety days from its promulgation or, if before the expiration of that period a resolution disapproving it is passed by the assembly, upon the passing of that resolution: provided that the provincial assembly may by a resolution extend the ordinance for a further period of ninety days and it shall stand repealed at the expiration of the extended period, or if before the expiration of that period a resolution disapproving it is passed by the assembly, upon the passing of that resolution: provided further that extension for a further period may be made only once. may be withdrawn at any time by the governor. without prejudice to the provisions of clause (2), an ordinance laid before the provincial assembly shall be deemed to be a bill introduced in the provincial assembly. chapter 3. the provincial governments 129. exercise of executive authority of the province subject to the constitution, the executive authority of the province shall be exercised in the name of the governor by the provincial government, consisting of the chief minister and provincial ministers, which shall act through the chief minister. in the performance of his functions under the constitution, the chief minister may act either directly or through the provincial ministers. 130. the cabinet there shall be a cabinet of ministers, with the chief minister at its head, to aid and advise the governor in the exercise of his functions. the provincial assembly shall meet on the twenty-first day following the day on which a general election to the assembly is held, unless sooner summoned by the governor. after the election of the speaker and the deputy speaker, the provincial assembly shall, to the exclusion of any other business, proceed to elect without debate one of its members to be the chief minister. the chief minister shall be elected by the votes of the majority of the total membership of the provincial assembly: provided that, if no member secures such majority in the first poll, a second poll shall be held between the members who secures the two highest numbers of votes in the first poll and the member who secures a majority of votes of the members present and voting shall be declared to have been elected as chief minister: provided further that, if the number of votes secured by two or more members securing the highest number of votes is equal, further polls shall be held between them until one of them secures a majority of votes of the members present and voting. the member elected under clause (4) shall be called upon by the governor to assume the office of chief minister and he shall, before entering upon the office, make before the governor oath in the form set out in the third schedule: provided that there shall be no restriction on the number of terms for the office of the chief minister. the cabinet shall be collectively responsible to the provincial assembly and the total strength of the cabinet shall not exceed fifteen members or eleven percent of the total membership of a provincial assembly, whichever is higher: provided that the aforesaid limit shall be effective from the next general elections after the commencement of the constitution (eighteenth amendment) act, 2010. the chief minister shall hold office during the pleasure of the governor, but the governor shall not exercise his powers under this clause unless he is satisfied that the chief minister does not command the confidence of the majority of the members of the provincial assembly, in which case he shall summon the provincial assembly and require the chief minister to obtain a vote of confidence from the assembly. the chief minister may, by writing under his hand addressed to the governor, resign his office. a minister who for any period of six consecutive months is not a member of the provincial assembly shall, at the expiration of that period, cease to be a minister and shall not before the dissolution of that assembly be again appointed a minister unless he is elected a member of that assembly. nothing contained in this article shall be construed as disqualifying the chief minister or any other minister for continuing in office during any period during which the provincial assembly stands dissolved, or as preventing the appointment of any person as chief minister or other minister during any such period. the chief minister shall not appoint more than five advisors. 131. governor to be kept informed the chief minister shall keep the governor informed on matters relating to provincial administration and on all legislative proposals the provincial government intends to bring before the provincial assembly. 132. provincial ministers subject to clauses (9) and (10) of article 130, the governor shall appoint provincial ministers from amongst members of the provincial assembly on the advice of the chief minister. before entering upon office, a provincial minister shall make before the governor oath in the form set out in the third schedule. a provincial minister may, by writing under his hand addressed to the governor, resign his office or may be removed from office by the governor on the advice of the chief minister. 133. chief minister continuing in office the governor may ask the chief minister to continue to hold office until his successor enters upon the office of chief minister. 134. resignation by chief minister [omitted by p.o. no. 14 of 1985, art. 2 and sch.] 135. provincial minister performing functions of chief minister [omitted by p. o. no. 14 of 1985, art. 2 and sch.] 136. vote of no-confidence against chief minister a resolution for a vote of no-confidence moved by not less than twenty per centum of the total membership of the provincial assembly may be passed against the chief minister by the provincial assembly. a resolution referred to in clause (1) shall not be voted upon before the expiration of three days, or later than seven days, from the day on which such resolution is moved in the provincial assembly. if the resolution referred to in clause (1) is passed by a majority of the total membership of the provincial assembly, the chief minister shall cease to hold office. 137. extent of executive authority of province subject to the constitution, the executive authority of the province shall extend to the matters with respect to which the provincial assembly has power to make laws: provided that, in any matter with respect to which both majlis-e-shoora (parliament) and the provincial assembly of a province have power to make laws, the executive authority of the province shall be subject to, and limited by, the executive authority expressly conferred by the constitution or by law made by majlis-e-shoora (parliament) upon the federal government or authorities thereof. 138. conferring of functions on subordinate authorities on the recommendation of the provincial government, the provincial assembly may by law confer functions upon officers or authorities subordinate to the provincial government. 139. conduct of business of provincial government all executive actions of the provincial government shall be expressed to be taken in the name of the governor. the provincial government shall by rules specify the manner in which orders and other instruments made and executed in the name of governor shall be authenticated, and the validity of any order or instrument so authenticated shall not be questioned in any court on the ground that it was not made or executed by the governor. the provincial government shall also make rules for the allocation and transaction of its business. 140. advocate general for a province the governor of each province shall appoint a person, being a person qualified to be appointed a judge of the high court, to be the advocate general for the province. it shall be the duty of the advocate-general to give advice to the provincial government upon such legal matters, and to perform such other duties of a legal character, as may be referred or assigned to him by the provincial government. the advocate-general shall hold office during the pleasure of the governor and shall not engage in private practice so long as he holds the office of the advocate-general. the advocate-general may, by writing under his hand addressed to the governor, resign his office. 140a. local government each province shall, by law, establish a local government system and devolve political, administrative and financial responsibility and authority to the elected representatives of the local governments. elections to the local governments shall be held by the election commission of pakistan. part v. relations between federation and provinces chapter 1. distribution of legislative powers 141. extent of federal and provincial laws subject to the constitution, majlis-e-shoora (parliament) may make laws (including laws having extra-territorial operation) for the whole or any part of pakistan, and a provincial assembly may make laws for the province or any part thereof. 142. subject-matter of federal and provincial laws subject to the constitutionmajlis-e-shoora (parliament) shall have exclusive power to make laws with respect to any matter in the federal legislative list; majlis-e-shoora (parliament) and a provincial assembly shall have power to make laws with respect to criminal law, criminal procedure and evidence; subject to paragraph (b), a provincial assembly shall, and majlis-e-shoora (parliament) shall not, have power to make laws with respect to any matter not enumerated in the federal legislative list; majlis-e-shoora (parliament) shall have exclusive power to make laws with respect to all matters pertaining to such areas in the federation as are not included in any province. 143. inconsistency between federal and provincial law if any provision of an act of a provincial assembly is repugnant to any provision of an act of majlis-e-shoora (parliament) which majlis-e-shoora (parliament) is competent to enact, then the act of majlis-e-shoora (parliament), whether passed before or after the act of the provincial assembly, shall prevail and the act of the provincial assembly shall, to the extent of the repugnancy, be void. 144. power of majlis-e-shoora (parliament) to legislate for one or more provinces by consent if one or more provincial assemblies pass resolutions to the effect that majlis-e-shoora (parliament) may by law regulate any matter not enumerated in the federal legislation list in the fourth schedule, it shall be lawful for majlis-e-shoora (parliament) to pass an act for regulating that matter accordingly, but any act so passed may, as respects any province to which it applies, be amended or repealed by act of the assembly of that province. [omitted by the constitution (eighth amendment) act, 1985 (18 of 1985), s.17.] chapter 2. administrative relations between federation and provinces 145. power of president to direct governor to discharge certain functions as his agent the president may direct the governor of any province to discharge as his agent, either generally or in any particular matter, such functions relating to such areas in the federation which are not included in any province as may be specified in the direction. the provisions of article 105 shall not apply to the discharge by the governor of his functions under clause (1). 146. power of federation to confer powers, etc., on provinces, in certain cases notwithstanding anything contained in the constitution, the federal government may, with the consent of the government of a province, entrust either conditionally or unconditionally to that government, or to its officers functions in relation to any matter to which the executive authority of the federation extends. an act of majlis-e-shoora (parliament) may, notwithstanding that it relates to a matter with respect to which a provincial assembly has no power to make laws, confer powers and impose duties upon a province or officers and authorities thereof. where by virtue of this article powers and duties have been conferred or imposed upon a province or officers or authorities thereof, there shall be paid by the federation to the province such sum as may be agreed or, in default of agreement, as may be determined by an arbitrator appointed by the chief justice of pakistan, in respect of any extra costs of administration incurred by the province in connection with the exercise of those powers or the discharge of those duties. 147. power of the provinces to entrust functions to the federation notwithstanding anything contained in the constitution, the government of a province may, with the consent of the federal government, entrust, either conditionally or unconditionally, to the federal government, or to its officers, functions in relation to any matter to which the executive authority of the province extends: provided that the provincial government shall get the functions so entrusted ratified by the provincial assembly within sixty days. 148. obligation of provinces and federation the executive authority of every province shall be so exercised as to secure compliance with federal laws which apply in that province. without prejudice to any other provision of this chapter, in the exercise of the executive authority of the federation in any province regard shall be had to the interests of that province. it shall be the duty of the federation to protect every province against external aggression and internal disturbances and to ensure that the government of every province is carried on in accordance with the provisions of the constitution. 149. directions to provinces in certain cases the executive authority of every province shall be so exercised as not to impede or prejudice the exercise of the executive authority of the federation, and the executive authority of the federation shall extend to the giving of such directions to a province as may appear to the federal government to be necessary for that purpose. [omitted] the executive authority of the federation shall also extend to the giving of directions to a province as to the construction and maintenance of means of communication declared in the direction to be of national or strategic importance. the executive authority of the federation shall also extend to the giving of directions to a province as to the manner in which the executive authority thereof is to be exercised for the purpose of preventing any grave menace to the peace or tranquility or economic life of pakistan or any part thereof. 150. full faith and credit for public acts, etc full faith and credit shall be given throughout pakistan to public acts and records, and judicial proceedings of every province. 151. inter-provincial trade subject to clause (2), trade, commerce and intercourse throughout pakistan shall be free. majlis-e-shoora (parliament) may by law impose such restrictions on the freedom of trade, commerce or inter-course between one province and another or within any part of pakistan as may be required in the public interest. a provincial assembly or a provincial government shall not have power tomake any law, or take any executive action, prohibiting or restricting the entry into, or the export from, the province of goods of any class or description, or impose a tax which, as between goods manufactured or produced in the province and similar goods not so manufactured or produced, discriminates in favour of the former goods or which, in the case of goods manufactured or produced outside the province discriminates between goods manufactured or produced in any area in pakistan and similar goods manufactured or produced in any other area in pakistan. an act of a provincial assembly which imposes any reasonable restriction in the interest of public health, public order or morality, or for the purpose of protecting animals or plants from disease or preventing or alleviating any serious shortage in the province of any essential commodity shall not, if it was made with the consent of the president, be invalid. 152. acquisition of land for federal purposes the federation may, if it deems necessary to acquire any land situate in a province for any purpose connected with a matter with respect to which majlis-e-shoora (parliament) has power to make laws, require the province to acquire the land on behalf, and at the expense, of the federation or, if the land belongs to the province, to transfer it to the federation on such terms as may be agreed or, in default of agreement, as may be determined by an arbitrator appointed by the chief justice of pakistan. chapter 3. special provisions 152a. national security council [omitted by the constitution (seventeenth amdt.) act 2003 (3 of 2003), s. 5, which was previously ins. by c.e's. 0. no. 24 of 2002, art. 3 and sch., as amended by various enactments.] 153. council of common interests there shall be a council of common interests, in this chapter referred to as the council, to be appointed by the president. the council shall consist ofthe prime minister who shall be the chairman of the council; the chief ministers of the provinces; and three members from the federal government to be nominated by the prime minister from time to time. [omitted] the council shall be responsible to majlis-e-shoora (parliament) and shall submit an annual report to both houses of majlis-e-shoora (parliament). 154. functions and rules of procedure the council shall formulate and regulate policies in relation to matters in part ii of the federal legislative list and shall exercise supervision and control over related institutions. the council shall be constituted within thirty days of the prime minister taking oath of office. the council shall have a permanent secretariat and shall meet at least once in ninety days: provided that the prime minister may convene a meeting on the request of a province on an urgent matter. the decisions of the council shall be expressed in terms of the opinion of the majority. until majlis-e-shoora (parliament) makes provision by law in this behalf, the council may make its rules of procedure. majlis-e-shoora (parliament) in joint sitting may from time to time by resolution issue directions through the federal government to the council generally or in a particular matter to take action as majlis-e-shoora (parliament) may deem just and proper and such directions shall be binding on the council. if the federal government or a provincial government is dissatisfied with a decision of the council, it may refer the matter to majlis-e-shoora (parliament) in a joint sitting whose decision in this behalf shall be final. 155. complaints as to interference with water supplies if the interests of a province, the federal capital or any of the inhabitants thereof, in water from any natural source of supply or reservoir have been or are likely to be affected prejudicially byany executive act or legislation taken or passed or proposed to be taken or passed, or the failure of any authority to exercise any of its powers with respect to the use and distribution or control of water from that source, the federal government or the provincial government concerned may make a complaint in writing to the council. upon receiving such complaint, the council shall, after having considered the matter, either give its decision or request the president to appoint a commission consisting of such persons having special knowledge and experience in irrigation, engineering, administration, finance or law as he may think fit, hereinafter referred to as the commission. until majlis-e-shoora (parliament) makes provision by law in this behalf, the provisions of the pakistan commissions of inquiry act, 1956, as in force immediately before the commencing day shall apply to the council or the commission as if the council or the commission were a commission appointed under that act to which all the provisions of section 5 thereof applied and upon which the power contemplated by section 1 oa thereof had been conferred. after considering the report and supplementary report, if any, of the commission, the council shall record its decision on all matters referred to the commission. notwithstanding any law to the contrary, but subject to the provisions of clause (5) of article 154, it shall be the duty of the federal government and the provincial government concerned in the matter in issue to give effect to the decision of the council faithfully according to its terms and tenor. no proceeding shall lie before any court at the instance of any party to a matter which is or has been in issue before the council, or of any person whatsoever, in respect of a matter which is actually or has been or might or ought to have been a proper subject of complaint to the council under this article. 156. national economic council the president shall constitute a national economic council which shall consist of:the prime minister, who shall be the chairman of the council; the chief ministers and one member from each province to be nominated by the chief minister; and four other members as the prime minister may nominate from time to time. the national economic council shall review the overall economic condition of the country and shall, for advising the federal government and the provincial governments, formulate plans in respect of financial, commercial, social and economic policies; and in formulating such plans, it shall, amongst other factors, ensure balanced development and regional equity and shall also be guided by the principles of policy set-out in chapter 2 of part ii. the meetings of the council shall be summoned by the chairman or on a requisition made by one-half of the members of the council. the council shall meet at least twice in a year and the quorum for a meeting of the council shall be one-half of its total membership. the council shall be responsible to the majlis-e-shoora (parliament) and shall submit an annual report to each house of majlis-e-shoora (parliament). 157. electricity the federal government may in any province construct or cause to be constructed hydro-electric or thermal power installations or grid stations for the generation of electricity and lay or cause to be laid inter-provincial transmission lines: provided that the federal government, prior to taking a decision to construct or cause to be constructed, hydro-electric power stations in any province, shall consult the provincial government concerned. the government of a province may to the extent electricity is supplied to that province from the national grid, require supply to be made in bulk for transmission and distribution within the province; levy tax on consumption of electricity within the province; construct power houses and grid stations and lay transmission lines for use within the province; and determine the tariff for distribution of electricity within the province. in case of any dispute between the federal government and a provincial government in respect of any matter under this article, any of the said governments may move the council of common interests for resolution of the dispute. 158. priority of requirements of natural gas the province in which a well-head of natural gas is situated shall have precedence over other parts of pakistan in meeting the requirements from that well-head, subject to the commitments and obligations as on the commencing day. 159. broadcasting and telecasting the federal government shall not unreasonably refuse to entrust to a provincial government such functions with respect to broadcasting and telecasting as may be necessary to enable that governmentto construct and use transmitters in the province; and to regulate, and impose fees in respect of, the construction and use of transmitters and the use of receiving apparatus in the province: provided that nothing in this clause shall be construed as requiring the federal government to entrust to any provincial government any control over the use of transmitters constructed or maintained by the federal government or by persons authorised by the federal government, or over the use of receiving apparatus by person so authorised. any functions so entrusted to a provincial government shall be exercised subject to such conditions as may be imposed by the federal government, including, notwithstanding anything contained in the constitution, any conditions with respect to finance, but it shall not be lawful for the federal government so to impose any conditions regulating the matter broadcast or telecast by, or by authority of, the provincial government. any federal law with respect to broadcasting and telecasting shall be such as to secure that effect can be given to the foregoing provisions of this article. if any question arises whether any conditions imposed on any provincial government are lawfully imposed, or whether any refusal by the federal government to entrust functions is unreasonable, the question shall be determined by an arbitrator appointed by the chief justice of pakistan. nothing in this article shall be construed as restricting the powers of the federal government under the constitution for the prevention of any grave menace to the peace or tranquility of pakistan or any part thereof. part vi. finance, property, contracts and suits chapter 1. finance section 1. distribution of revenues between the federation and the provinces 160. national finance commission within six months of the commencing day and thereafter at intervals not exceeding five years, the president shall constitute a national finance commission consisting of the minister of finance of the federal government, the ministers of finance of the provincial governments, and such other persons as may be appointed by the president after consultation with the governors of the provinces. it shall be the duty of the national finance commission to make recommendations to the president as tothe distribution between the federation and the provinces of the net proceeds of the taxes mentioned in clause (3); the making of grants-in-aid by the federal government to the provincial governments; the exercise by the federal government and the provincial governments of the borrowing powers conferred by the constitution; and any other matter relating to finance referred to the commission by the president. the taxes referred to in paragraph (a) of clause (2) are the following taxes raised under the authority of majlis-e-shoora (parliament), namely:taxes on income, including corporation tax but not including taxes on income consisting of remuneration paid out of the federal consolidated fund; taxes on the sales and purchases of goods imported, exported, produced, manufactured or consumed; export duties on cotton, and such other export duties as may be specified by the president; such duties of excise as may be specified by the president; and such other taxes as may be specified by the president. the share of the provinces, in each award of national finance commission shall not be less than the share given to the provinces in the previous award. the federal finance minister and provincial finance ministers shall monitor the implementation of the award biannually and lay their reports before both houses of majlis-e-shoora (parliament) and the provincial assemblies. as soon as may be after receiving the recommendations of the national finance commission, the president shall, by order, specify, in accordance with the recommendations of the commission under paragraph (a) of clause (2), the share of the net proceeds of the taxes mentioned in clause (3) which is to be allocated to each province, and that share shall be paid to the government of the province concerned, and, notwithstanding the provision of article 78 shall not form part of the federal consolidated fund. the recommendations of the national finance commission, together with an explanatory memorandum as to the action taken thereon, shall be laid before both houses and the provincial assemblies. at any time before an order under clause (4) is made, the president may, by order, make such amendments or modifications in the law relating to the distribution of revenues between the federal government and the provincial governments as he may deem necessary or expedient. the president may, by order, make grants-in-aid of the revenues of the provinces in need of assistance and such grants shall be charged upon the federal consolidated fund. 161. natural gas and hydro-electric power notwithstanding the provisions of article 78 the net proceeds of the federal duty of excise on natural gas levied at well-head and collected by the federal government, and of the royalty collected by the federal government, shall not form part of the federal consolidated fund and shall be paid to the province in which the well-head of natural gas is situated. the net proceeds of the federal duty of excise on oil levied at well-head and collected by the federal government, shall not form part of the federal consolidated fund and shall be paid to the province in which the well-head of oil is situated. the net profits earned by the federal government, or any undertaking established or administered by the federal government from the bulk generation of power at a hydro-electric station shall be paid to the province in which the hydro-electric station is situated. explanation.-for the purposes of this clause "net profits" shall be computed by deducting from the revenues accruing from the bulk supply of power from the bus-bars of a hydro-electric station at a rate to be determined by the council of common interests, the operating expenses of the station, which shall include any sums payable as taxes, duties, interest or return on investment, and depreciations and element of obsolescence, and over-heads, and provision for reserves. 162. prior sanction of president required to bills affecting taxation in which provinces are interested no bill or amendment which imposes or varies a tax or duty the whole or part of the net proceeds whereof is assigned to any province, or which varies the meaning of the expression "agricultural income" as defined for the purposes of the enactments relating to income-tax, or which affects the principles on which under any of the foregoing provisions of this chapter moneys are or may be distributable to provinces, shall be introduced or moved in the national assembly except with the previous sanction of the president. 163. provincial taxes in respect of professions, etc a provincial assembly may by act impose taxes, not exceeding such limits as may from time to time be fixed by act of majlis-e-shoora (parliament), on persons engaged in professions, trades, callings or employments, and no such act of the assembly shall be regarded as imposing a tax on income. section 2. miscellaneous financial provisions 164. grants out of consolidated fund the federation or a province may make grants for any purpose, notwithstanding that the purpose is not one with respect to which majlis-e-shoora (parliament) or, as the case may be, a provincial assembly may make laws. 165. exemption of certain public property from taxation the federal government shall not, in respect of its property or income, be liable to taxation under any act of provincial assembly and, subject to clause (2), a provincial government shall not, in respect of its property or income, be liable to taxation under act of majlis-e-shoora (parliament) or under act of the provincial assembly of any other province. if a trade or business of any kind is carried on by or on behalf of the government of a province outside that province, that government may, in respect of any property used in connection with that trade or business or any income arising from that trade or business, be taxed under act of majlis-e-shoora (parliament) or under act of the provincial assembly of the province in which that trade or business is carried on. nothing in this article shall prevent the imposition of fees for services rendered. 165a. power of majlis-e-shoora (parliament) to impose tax on the income of certain corporations, etc for the removal of doubt, it is hereby declared that majlis-e-shoora (parliament) has, and shall be deemed always to have had, the power to make a law to provide for the levy and recovery of a tax on the income of a corporation, company or other body or institution established by or under a federal law or a provincial law or an existing law or a corporation, company or other body or institution owned or controlled, either directly or indirectly, by the federal government or a provincial government, regardless of the ultimate destination of such income. all orders made, proceedings taken and acts done by any authority or person, which were made, taken or done, or purported to have been made, taken or done, before the commencement of the constitution (amendment) order, 1985, in exercise of the powers derived from any law referred to in clause (1), or in execution of any orders made by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any court or tribunal, including the supreme court and a high court, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any court, including the supreme court and a high court, on any ground whatsoever. every judgement or order of any court or tribunal, including the supreme court and a high court, which is repugnant to the provisions of clause (1) or clause (2) shall be, and shall be deemed always to have been, void and of no effect whatsoever. chapter 2. borrowing and audit 166. borrowing by federal government the executive authority of the federation extends to borrowing upon the security of the federal consolidated fund within such limits, if any, as may from time to time be fixed by act of majlis-e-shoora (parliament), and to the giving of guarantees within such limits, if any, as may be so fixed. 167. borrowing by provincial government subject to the provisions of this article, the executive authority of a province extends to borrowing upon the security of the provincial consolidated fund within such limits, if any, as may from time to time be fixed by act of the provincial assembly, and to the giving of guarantees within such limits, if any, as may be so fixed. the federal government may, subject to such conditions, if any, as it may think fit to impose, make loans to, or, so long as any limits fixed under article 166 are not exceeded give guarantees in respect of loans raised by, any province, and any sums required for the purpose of making loans to a province shall be charged upon the federal consolidated fund. a province may not, without the consent of the federal government, raise any loan if there is still outstanding any part of a loan made to the province by the federal government, or in respect of which guarantee has been given by the federal government; and consent under this clause may be granted subject to such conditions, if any, as the federal government may think fit to impose. a province may raise domestic or international loan, or give guarantees on the security of the provincial consolidated fund within such limits and subject to such conditions as may be specified by the national economic council. section 1. audit and accounts 168. auditor-general of pakistan there shall be an auditor-general of pakistan, who shall be appointed by the president. before entering upon office, the auditor-general shall make before the chief justice of pakistan oath in the form set out in the third schedule. the auditor-general shall, unless he sooner resigns or is removed from office in accordance with clause (5), hold office for a term of four years from the date on which he assumes such office or attains the age of sixty-five years, whichever is earlier. the other terms and conditions of service of the auditor-general shall be determined by act of majlis-e-shoora (parliament); and, until so determined, by order of the president. a person who has held office as auditor-general shall not be eligible for further appointment in the service of pakistan before the expiration of two years after he has ceased to hold that office. the auditor-general shall not be removed from office except in the like manner and on the like grounds as a judge of the supreme court. at any time when the office of the auditor-general is vacant or the auditor-general is absent or is unable to perform the functions of his office due to any cause, the president may appoint the most senior officer in the office of the auditor-general to act as auditor-general and perform the functions of that office. 169. functions and powers of auditor-general the auditor-general shall, in relation tothe accounts of the federation and of the provinces; and the accounts of any authority or body established by the federation or a province, perform such functions and exercise such powers as may be determined by or under act of majlis-e-shoora (parliament) and, until so determined, by order of the president. 170. power of auditor-general to give directions as to accounts the accounts of the federation and of the provinces shall be kept in such form and in accordance with such principles and methods as the auditor-general may, with the approval of the president, prescribe. the audit of the accounts of the federal and of the provincial governments and the accounts of any authority or body established by, or under the control of, the federal or a provincial government shall be conducted by the auditor-general, who shall determine the extent and nature of such audit. 171. reports of auditor-general the reports of the auditor-general relating to the accounts of the federation shall be submitted to the president, who shall cause them to be laid before the both houses of majlis-e-shoora (parliament) and the reports of the auditor-general relating to the accounts of a province shall be submitted to the governor of the province, who shall cause them to be laid before the provincial assembly. chapter 3. property, contracts, liabilities and suits 172. ownerless property any property which has no rightful owner shall, if located in a province, vest in the government of that province, and in every other case, in the federal government. all lands, minerals and other things of value within the continental shelf or underlying the ocean beyond the territorial waters of pakistan shall vest in the federal government. subject to the existing commitments and obligations, mineral oil and natural gas within the province or the territorial water adjacent thereto shall vest jointly and equally in that province and the federal government. 173. power to acquire property and to make contracts, etc the executive authority of the federation and of a province shall extend, subject to any act of the appropriate legislature, to the grant, sale, disposition or mortgage of any property vested in, and to the purchase or acquisition of property on behalf of, the federal government or, as the case may be, the provincial government, and to the making of contracts. all property acquired for the purposes of the federation or of a province shall vest in the federal government or, as the case may be, in the provincial government. all contracts made in the exercise of the executive authority of the federation or of a province shall be expressed to be made in the name of the president or, as the case may be, the governor of the province, and all such contracts and all assurances of property made in the exercise of that authority shall be executed on behalf of the president or governor by such persons and in such manner as he may direct or authorize. neither the president, nor the governor of a province, shall be personally liable in respect of any contract or assurance made or executed in the exercise of the executive authority of the federation or, as the case may be, the province, nor shall any person making or executing any such contract or assurance on behalf of any of them be personally liable in respect thereof. transfer of land by the federal government or a provincial government shall be regulated by law. 174. suits and proceedings the federation may sue or be sued by the name of pakistan and a province may sue or be sued by the name of the province. part vii. the judicature chapter 1. the courts 175. establishment and jurisdiction of courts there shall be a supreme court of pakistan, a high court for each province and a high court for the islamabad capital territory and such other courts as may be established by law. explanation.the word "high court" wherever occurring in the constitution shall include the high court for the islamabad capital territory. no court shall have any jurisdiction save as is or may be conferred on it by the constitution or by or under any law. the judiciary shall be separated progressively from the executive within fourteen years from the commencing day: provided that the provisions of this article shall have no application to the trial of persons under any of the acts mentioned at serial no. 6 and 7 of sub-part iii of part i of the first schedule, who claim, or are known, to belong to any terrorist group or organization using the name of religion or a sect. explanation:in this proviso, the expression "sect" means a sect of religion and does not include any religious or political party regulated under the political parties order, 2002. 175a. appointment of judges to the supreme court, high courts and the federal shariat court there shall be a judicial commission of pakistan, hereinafter in this article referred to as the commission, for appointment of judges of the supreme court, high courts and the federal shariat court, as hereinafter provided. for appointment of judges of the supreme court, the commission shall consist ofchief justice of pakistan chairman; four most senior judges of the supreme court members; a former chief justice or a former judge of the supreme court of pakistan to be nominated by the chief justice of pakistan, in consultation with the four member judges, for a term of two years member; federal minister for law and justice member; attorney-general for pakistan member; and a senior advocate of the supreme court of pakistan nominated by the pakistan bar council for a term of two years member. notwithstanding anything contained in clause (1) or clause (2), the president shall appoint the most senior judge of the supreme court as the chief justice of pakistan. the commission may make rules regulating its procedure. for appointment of judges of a high court, the commission in clause (2) shall also include the following, namely:chief justice of the high court to which the appointment is being made member; the most senior judge of that high court member: provincial minister for law member; and an advocate having not less than fifteen years practice in the high court to be nominated by the concerned bar council for a term of two years member: provided that for appointment of the chief justice of a high court, the most senior judge mentioned in paragraph (ii) shall not be member of the commission: provided further that if for any reason the chief justice of high court is not available, he shall be substituted by a former chief justice or former judge of that court, to be nominated by the chief justice of pakistan in consultation with the four member judges of the commission mentioned in paragraph (ii) of clause (2). for appointment of judges of the islamabad high court, the commission in clause (2) shall also include the following, namely:chief justice of the islamabad high court member; and the most senior judge of that high court member: provided that for initial appointment of the chief justice and the judges of the islamabad high court, the chief justices of the four provincial high courts shall also be members of the commission: provided further that subject to the foregoing proviso, in case of appointment of chief justice of islamabad high court, the provisos to clause (5) shall, mutatis mutandis, apply. for appointment of judges of the federal shariat court, the commission in clause (2) shall also include the chief justice of the federal shariat court and the most senior judge of that court as its members: provided that for appointment of chief justice of federal shariat court, the provisos, to clause (5) shall, mutatis mutandis, apply. the commission by majority of its total membership shall nominate to the parliamentary committee one person, for each vacancy of a judge in the supreme court, a high court or the federal shariat court, as the case may be. the parliamentary committee, hereinafter in this article referred to as the committee, shall consist of the following eight members, namely:four members from the senate; and four members from the national assembly: provided that when the national assembly is dissolved, the total membership of the parliamentary committee shall consist of the members from the senate only mentioned in paragraph (i) and the provisions of this article shall, mutatis mutandis, apply. out of the eight members of the committee, four shall be from the treasury benches, two from each house and four from the opposition benches, two from each house. the nomination of members from the treasury benches shall be made by the leader of the house and from the opposition benches by the leader of the opposition. secretary, senate shall act as the secretary of the committee. the committee on receipt of a nomination from the commission may confirm the nominee by majority of its total membership within fourteen days, failing which the nomination shall be deemed to have been confirmed: provided that the committee, for reasons to be recorded, may not confirm the nomination by three-fourth majority of its total membership within the said period: provided further that if a nomination is not confirmed by the committee it shall forward its decision with reasons so recorded to the commission through the prime minister: provided further that if a nomination is not confirmed, the commission shall send another nomination. the committee shall send the name of the nominee confirmed by it or deemed to have been confirmed to the prime minister who shall forward the same to the president for appointment. no action or decision taken by the commission or a committee shall be invalid or called in question only on the ground of the existence of a vacancy therein or of the absence of any member from any meeting thereof. the meetings of the committee shall be held in camera and the record of its proceedings shall be maintained. the provisions of article 68 shall not apply to the proceedings of the committee. the committee may make rules for regulating its procedure. chapter 2. the supreme court of pakistan 176. constitution of supreme court the supreme court shall consist of a chief justice to be known as the chief justice of pakistan and so many other judges as may be determined by act of majlis-e-shoora (parliament) or, until so determined, as may be fixed by the president. 177. appointment of supreme court judges the chief justice of pakistan and each of the other judges of the supreme court shall be appointed by the president in accordance with article 175a. a person shall not be appointed a judge of the supreme court unless he is a citizen of pakistan andhas for a period of, or for periods aggregating, not less than five years been a judge of a high court (including a high court which existed in pakistan at any time before the commencing day); or has for a period of, or for periods aggregating, not less than fifteen years been an advocate of a high court (including a high court which existed in pakistan at any time before the commencing day). 178. oath of office before entering upon office, the chief justice of pakistan shall make before the president, and any other judge of the supreme court shall make before the chief justice, oath in the form set out in the third schedule. 179. retiring age a judge of the supreme court shall hold office until he attains the age of sixty-five years, unless he sooner resigns or is removed from office in accordance with the constitution. 180. acting chief justice at any time whenthe office of chief justice of pakistan is vacant; or the chief justice of pakistan is absent or is unable to perform the functions of his office due to any other cause, the president shall appoint the most senior of the other judges of the supreme court to act as chief justice of pakistan. 181. acting judges at any time whenthe office of a judge of the supreme court is vacant; or a judge of the supreme court is absent or is unable to perform the functions of his office due to any other cause, the president may, in the manner provided in clause (1) of article 177, appoint a judge of a high court who is qualified for appointment as a judge of the supreme court to act temporarily as a judge of the supreme court. explanation.-in this clause, 'judge of a high court' includes a person who has retired as a judge of a high court. an appointment under this article shall continue in force until it is revoked by the president. 182. appointment of ad-hoc judges if at any time it is not possible for want of quorum of judges of the supreme court to hold or continue any sitting of the court, or for any other reason it is necessary to increase temporarily the number of judges of the supreme court, the chief justice of pakistan, in consultation with the judicial commission as provided in clause (2) of article 175a, may, in writing,with the approval of the president, request any person who has held the office of a judge of that court and since whose ceasing to hold that office three years have not elapsed; or with the approval of the president and with the consent of the chief justice of a high court, require a judge of that court qualified for appointment as a judge of the supreme court, to attend sittings of the supreme court as an ad hoc judge for such period as may be necessary and while so attending an ad hoc judge shall have the same power and jurisdiction as a judge of the supreme court. 183. seat of the supreme court the permanent seat of the supreme court shall, subject to clause (3), be at islamabad. the supreme court may from time to time sit in such other places as the chief justice of pakistan, with the approval of the president, may appoint. until provision is made for establishing the supreme court at islamabad, the seat of the court shall be at such place as the president may appoint. 184. original jurisdiction of supreme court the supreme court shall, to the exclusion of every other court, have original jurisdiction in any dispute between any two or more governments. explanation.-in this clause, "governments" means the federal government and the provincial governments. in the exercise of the jurisdiction conferred on it by clause (1), the supreme court shall pronounce declaratory judgements only. without prejudice to the provisions of article 199, the supreme court shall, if it considers that a question of public importance with reference to the enforcement of any of the fundamental rights conferred by chapter 1 of part ii is involved, have the power to make an order of the nature mentioned in the said article. 185. appellate jurisdiction of supreme court subject to this article, the supreme court shall have jurisdiction to hear and determine appeals from judgements, decrees, final orders or sentences of a high court. an appeal shall lie to the supreme court from any judgement, decree, final order or sentence of a high courtif the high court has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to transportation for life or imprisonment for life; or, on revision, has enhanced a sentence to a sentence as aforesaid; or if the high court has withdrawn for trial before itself any case from any court subordinate to it and has in such trial convicted the accused person and sentenced him as aforesaid; or if the high court has imposed any punishment on any person for contempt of the high court; or if the amount or value of the subject-matter of the dispute in the court of first instance was, and also in dispute in appeal is, not less than fifty thousand rupees or such other sum as may be specified in that behalf by act of majlis-e-shoora (parliament) and the judgment, decree or final order appealed from has varied or set aside the judgment, decree or final order of the court immediately below; or if the judgment, decree or final order involves directly or indirectly some claim or question respecting property of the like amount or value and the judgment, decree or final order appealed from has varied or set aside the judgment, decree or final order of the court immediately below; or if the high court certifies that the case involves a substantial question of law as to the interpretation of the constitution. an appeal to the supreme court from a judgment decree, order or sentence of a high court in a case to which clause (2) does not apply shall lie only if the supreme court grants leave to appeal. 186. advisory jurisdiction if, at any time, the president considers that it is desirable to obtain the opinion of the supreme court on any question of law which he considers of public importance, he may refer the question to the supreme court for consideration. the supreme court shall consider a question so referred and report its opinion on the question to the president. 186a. power of supreme court to transfer cases the supreme court may, if it considers it expedient to do so in the interest of justice, transfer any case, appeal or other proceedings pending before any high court to any other high court. 187. issue and execution of processes of supreme court subject to clause (2) of article 175, the supreme court shall have power to issue such directions, orders or decrees as may be necessary for doing complete justice in any case or matter pending before it, including an order for the purpose of securing the attendance of any person or the discovery or production of any document. any such direction, order or decree shall be enforceable throughout pakistan and shall, where it is to be executed in a province, or a territory or an area not forming part of a province but within the jurisdiction of the high court of the province, be executed as if it had been issued by the high court of that province. if a question arises as to which high court shall give effect to a direction, order or decree of the supreme court, the decision of the supreme court on the question shall be final. 188. review of judgments of orders by the supreme court the supreme court shall have power, subject to the provisions of any act of majlis-e-shoora (parliament) and of any rules made by the supreme court, to review any judgment pronounced or any order made by it. 189. decisions of supreme court binding on other courts any decision of the supreme court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all other courts in pakistan. 190. action in aid of supreme court all executive and judicial authorities throughout pakistan shall act in aid of the supreme court. 191. rules of procedure subject to the constitution and law, the supreme court may make rules regulating the practice and procedure of the court. chapter 3. the high courts 192. constitution of high court a high court shall consist of a chief justice and so many other judges as may be determined by law or, until so determined, as may be fixed by the president. the sind and baluchistan high court shall cease to function as a common high court for the provinces of baluchistan and sind. the president shall, by order, establish a high court for each of the provinces of baluchistan and sind and may make such provision in the order for the principal seats of the two high courts, transfer of the judges of the common high court, transfer of cases pending in the common high court immediately before the establishment of two high courts and, generally, for matters consequential or ancillary to the common high court ceasing to function and the establishment of the two high courts as he may deem fit. the jurisdiction of a high court may, by act of majlis-e-shoora (parliament), be extended to any area in pakistan not forming part of a province. 193. appointment of high court judges the chief justice and each of other judges of a high court shall be appointed by the president in accordance with article 175a. a person shall not be appointed a judge of a high court unless he is a citizen of pakistan, is not less than forty-five years of age, andhe has for a period of, or for periods aggregating, not less than ten years been an advocate of a high court (including a high court which existed in pakistan at any time before the commencing day); or he is, and has for a period of not less than ten years been, a member of a civil service prescribed by law for the purposes of this paragraph, and has, for a period of not less than three years, served as or exercised the functions of a district judge in pakistan; or he has, for a period of not less than ten years, held a judicial office in pakistan. explanation.-in computing the period during which a person has been an advocate of a high court or held judicial office, there shall be included any period during which he has held judicial office after he became an advocate or, as the case may be, the period during which he has been an advocate after having held judicial office. in this article, "district judge" means judge of a principal civil court of original jurisdiction. 194. oath of office before entering upon office, the chief justice of a high court shall make before the governor, and any other judge of the court shall make before the chief justice, oath in the form set out in the third schedule: provided that the chief justice of the islamabad high court shall make oath before the president and other judges of that court shall make oath before the chief justice of the islamabad high court. 195. retiring age a judge of a high court shall hold office until he attains the age of sixty-two years, unless he sooner resigns or is removed from office in accordance with the constitution. 196. acting chief justice at any time whenthe office of chief justice of a high court is vacant, or the chief justice of a high court is absent or is unable to perform the functions of his office due to any other cause, the president shall appoint one of the other judges of the high court, or may request one of the judges of the supreme court, to act as chief justice. 197. additional judges at any time whenthe office of a judge of a high court is vacant; or a judge of a high court is absent or is unable to perform the functions of his office due to any other cause; or for any reason it is necessary to increase the number of judges of a high court, the president may, in the manner provided in clause (1) of article 193, appoint a person qualified for appointment as a judge of the high court to be additional judge of the court for such period as the president may determine, being a period not exceeding such period, if any, as may be prescribed by law. 198. seat of the high court each high court in existence immediately before the commencing day shall continue to have its principal seat at the place where it had such seat before that day. the high court for islamabad capital territory shall have its principal seat at islamabad. each high court and the judges and divisional courts thereof shall sit at its principal seat and the seats of its benches and may hold, at any place within its territorial jurisdiction, circuit courts consisting of such of the judges as may be nominated by the chief justice. the lahore high court shall have a bench each at bahawalpur, multan and rawalpindi; the high court of sindh shall have a bench at sukkur; the peshawar high court shall have a bench each at abbottabad, mingora and dera ismail khan and the high court of baluchistan shall have a bench at sibi and turbat. each of the high courts may have benches at such other places as the governor may determine on the advice of the cabinet and in consultation with the chief justice of the high court. a bench referred to in clause (3), or established under clause (4), shall consist of such of the judges of the high court as may be nominated by the chief justice from time to time for a period of not less than one year. the governor in consultation with the chief justice of the high court shall make rules to provide the following matters, that is to say,assigning the area in relation to which each bench shall exercise jurisdiction vested in the high court; and for all incidental, supplemental or consequential matters. 199. jurisdiction of high court subject to the constitution, a high court may, if it is satisfied that no other adequate remedy is provided by law,on the application of any aggrieved party, make an orderdirecting a person performing, within the territorial jurisdiction of the court, functions in connection with the affairs of the federation, a province or a local authority, to refrain from doing anything he is not permitted by law to do, or to do anything he is required by law to do; or declaring that any act done or proceeding taken within the territorial jurisdiction of the court by a person performing functions in connection with the affairs of the federation, a province or a local authority has been done or taken without lawful authority and is of no legal effect; or on the application of any person, make an orderdirecting that a person in custody within the territorial jurisdiction of the court be brought before it so that the court may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner; or requiring a person within the territorial jurisdiction of the court holding or purporting to hold a public office to show under what authority of law he claims to hold that office; or on the application of any aggrieved person, make an order giving such directions to any person or authority, including any government exercising any power or performing any function in, or in relation to, any territory within the jurisdiction of that court as may be appropriate for the enforcement of any of the fundamental rights conferred by chapter 1 of part ii. subject to the constitution, the right to move a high court for the enforcement of any of the fundamental rights conferred by chapter 1 of part ii shall not be abridged. an order shall not be made under clause (1) on application made by or in relation to a person who is a member of the armed forces of pakistan, or who is for the time being subject to any law relating to any of those forces, in respect of his terms and conditions of service, in respect of any matter arising out of his service, or in respect of any action taken in relation to him as a member of the armed forces of pakistan or as a person subject to such law. wherean application is made to a high court for an order under paragraph (a) or paragraph (c) of clause (1), and the making of an interim order would have the effect of prejudicing or interfering with the carrying out of a public work or of otherwise being harmful to public interest or state property or of impeding the assessment or collection of public revenues, the court shall not make an interim order unless the prescribed law officer has been given notice of the application and he or any person authorised by him in that behalf has had an opportunity of being heard and the court, for reasons to be recorded in writing, is satisfied that the interim orderwould not have such affect as aforesaid; or would have the effect of suspending an order or proceeding which on the face of the record is without jurisdiction. an interim order made by a high court on an application made to it to question the validity or legal effect of any order made, proceeding taken or act done by any authority or person, which has been made, taken or done or purports to have been made taken or done under any law which is specified in part i of the first schedule or relates to, or is connected with, state property or assessment or collection of public revenues shall cease to have effect on the expiration of a period of six months following the day on which it is made: provided that the matter shall be finally decided by the high court within six months from the date on which the interim order is made. in this article, unless the context otherwise requires, "person" includes any body politic or corporate, any authority of or under the control of the federal government or of a provincial government, and any court or tribunal, other than the supreme court, a high court or a court or tribunal established under a law relating to the armed forces of pakistan; and "prescribed law officer" meansin relation to an application affecting the federal government or an authority of or under the control of the federal government, the attorney-general, and in any other case, the advocate-general for the province in which the application is made. 200. transfer of high court judges the president may transfer a judge of a high court from one high court to another high court, but no judge shall be so transferred except with his consent and after consultation by the president with the chief justice of pakistan and the chief justices of both high courts: explanation.-in this article, "judge" does not include a chief justice but includes a judge for the time being acting as chief justice of a high court other than a judge of the supreme court acting as such in pursuance of a request made under paragraph (b) of article 196. where a judge is so transferred or is appointed to an office other than that of judge at a place other than the principal seat of the high court, he shall, during the period for which he serves as a judge of the high court to which he is transferred, or holds such other office, be entitled to such allowances and privileges, in addition to his salary, as the president may, by order, determine. if at any time it is necessary for any reason to increase temporarily the number of judges of a high court, the chief justice of that court may require a judge of any other high court to attend sittings of the former high court for such period as may be necessary and, while so attending the sittings of the high court, the judge shall have the same power and jurisdiction as a judge of that high court: provided that a judge shall not be so required except with his consent and the approval of the president and after consultation with the chief justice of pakistan and the chief justice of the high court of which he is a judge. explanation.in this article, "high court" includes a bench of a high court. 201. decision of high court binding on subordinate courts subject to article 189, any decision of a high court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all courts subordinate to it. 202. rules of procedure subject to the constitution and law, a high court may make rules regulating the practice and procedure of the court or of any court subordinate to it. 203. high court to superintend subordinate courts each high court shall supervise and control all courts subordinate to it. chapter 3a. federal shariat court 203a. provisions of chapter to override other provisions of constitution the provisions of this chapter shall have effect notwithstanding anything contained in the constitution. 203b. definitions in this chapter, unless there is anything repugnant in the subject or context,"chief justice" means chief justice of the court; "court" means the federal shariat court constituted in pursuance of article 203c; "judge" means judge of the court; "law includes any custom or usage having the force of law but does not include the constitution, muslim personal law, any law relating to the procedure of any court or tribunal or, until the expiration of ten years from the commencement of this chapter, any fiscal law or any law relating to the levy and collection of taxes and fees or banking or insurance practice and procedure. 203c. the federal shariat court there shall be constituted for the purposes of this chapter a court to be called the federal shariat court. the court shall consist of not more than eight muslim judges, including the chief justice, to be appointed by the president in accordance with article 175a. the chief justice shall be a person who is, or has been, or is qualified to be, a judge of the supreme court or who is or has been a permanent judge of a high court. of the judges, not more than four shall be persons each one of whom is, or has been, or is qualified to be, a judge of a high court and not more than three shall be ulema having at least fifteen years experience in islamic law, research or instruction. the chief justice and a judge shall hold office for a period not exceeding three years, but may be appointed for such further term or terms as the president may determine: provided that a judge of a high court shall not be appointed to be a judge except with his consent and, except where the judge is himself the chief justice, after consultation by the president with the chief justice of the high court. the chief justice, if he is not a judge of the supreme court, and a judge who is not a judge of a high court, may, by writing under his hand addressed to the president, resign his office. the chief justice and a judge shall not be removed from office except in the like manner and on the like grounds as a judge of the supreme court. [omitted] the principal seat of the court shall be at islamabad, but the court may from time to time sit in such other places in pakistan as the chief justice may, with the approval of the president, appoint. before entering upon office, the chief justice and a judge shall make before the president or a person nominated by him oath in the form set out in the third schedule. by him at any time when the chief justice or a judge is absent or is unable to perform the functions of his office, the president shall appoint another person qualified for the purpose to act as chief justice or, as the case may be, judge. a chief justice who is not a judge of the supreme court shall be entitled to the same remuneration, allowances and privileges as are admissible to a judge of the supreme court and a judge who is not a judge of a high court shall be entitled to the same remuneration, allowances and privileges as are admissible to a judge of a high court: provided that where a judge is already drawing a pension for any other post in the service of pakistan, the amount of such pension shall be deducted from the pension admissible under this clause. 203cc. penal of ulema and ulema members [omitted by the constitution (second amdt.) order, 1981 (p.o. no. 7 of 1981), art. 3, which was previously ins. by p.o. no. 5 of 1981, art. 2.] 203d. powers, jurisdiction and functions of the court the court may, either of its own motion or on the petition of a citizen of pakistan or the federal government or a provincial government, examine and decide the question whether or not any law or provision of law is repugnant to the injunctions of islam, as laid down in the holy quran and the sunnah of the holy prophet, hereinafter referred to as the injunctions of islam. where the court takes up the examination of any law or provision of law under clause (1) and such law or provision of law appears to it to be repugnant to the injunctions of islam, the court shall cause to be given to the federal government in the case of a law with respect to a matter in the federal legislative list or to the provincial government in the case of a law with respect to a matter not enumerated in the federal legislative list, a notice specifying the particular provisions that appear to it to be so repugnant, and afford to such government adequate opportunity to have its point of view placed before the court. if the court decides that any law or provision of law is repugnant to the injunctions of islam, it shall set out in its decision the reasons for its holding that opinion; and the extent to which such law or provision is so repugnant; and specify the day on which the decision shall take effect: provided that no such decision shall be deemed to take effect before the expiration of the period within which an appeal therefrom may be preferred to the supreme court or, where an appeal has been so preferred, before the disposal of such appeal. if any law or provision of law is held by the court to be repugnant to the injunctions of islam,the president in the case of a law with respect to a matter in the federal legislative list or the governor in the case of a law with respect to a matter not enumerated in said list shall take steps to amend the law so as to bring such law or provision into conformity with the injunctions of islam; and such law or provision shall, to the extent to which it is held to be so repugnant, cease to have effect on the day on which the decision of the court takes effect. 203dd. revisional and other jurisdiction of the court the court may call for and examine the record of any case decided by any criminal court under any law relating to the enforcement of hudood for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed by, and as to the regularity of any proceedings of, such court and may, when calling for such record, direct that the execution of any sentence be suspended and, if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record. in any case the record of which has been called for by the court, the court may pass such order as it may deem fit and may enhance the sentence: provided that nothing in this article shall be deemed to authorise the court to convert a finding of acquittal into one of conviction and no order under this article shall be made to the prejudice of the accused unless he has had an opportunity of being heard in his own defence. the court shall have such other jurisdiction as may be conferred on it by or under any law. 203e. powers and procedure of the court for the purposes of the performance of its functions, the court shall have the powers of a civil court trying a suit under the code of civil procedure, 1908 (act v of 1908), in respect of the following matters, namely: summoning and enforcing the attendance of any person and examining him on oath; requiring the discovery and production of any document; receiving evidence on affidavits; and issuing commissions for the examination of witnesses or documents. the court shall have power to conduct its proceedings and regulate its procedure in all respects as it deems fit. the court shall have the power of a high court to punish its own contempt. a party to any proceedings before the court under clause (1) of article 203d may be represented by a legal practitioner who is a muslim and has been enrolled as an advocate of a high court for a period of not less than five years or as an advocate of the supreme court or by a jurisconsult selected by the party from out of a panel of jurisconsults maintained by the court for the purpose. for being eligible to have his name borne on the panel of jurisconsults referred to in clause (4), a person shall be an aalim who, in the opinion of the court, is well-versed in shariat. a legal practitioner or jurisconsult representing a party before the court shall not plead for the party but shall state, expound and interpret the injunctions of islam relevant to the proceedings so far as may be known to him and submit to the court a written statement of his interpretation of such injunctions of islam. the court may invite any person in pakistan or abroad whom the court considers to be well-versed in islamic law to appear before it and render such assistance as may be required of him. no court fee shall be payable in respect of any petition or application made to the court under article 203d. the court shall have power to review any decision given or order made by it. 203f. appeal to supreme court any party to any proceedings before the court under article 203d aggrieved by the final decision of the court in such proceedings may, within sixty days of such decision, prefer an appeal to the supreme court: provided that an appeal on behalf of the federation or of a province may be preferred within six months of such decision. the provisions of clauses (2) and (3) of article 203d and clauses (4) to (8) of article 203e shall apply to and in relation to the supreme court as if reference in those provisions to court were a reference to the supreme court. an appeal shall lie to the supreme court from any judgment, final order or sentence of the federal shariat courtif the federal shariat court has on appeal reversed an order of acquittal of an accused person and sentenced him to death or imprisonment for life or imprisonment for a term exceeding fourteen years; or, on revision, has enhanced a sentence as aforesaid; or if the federal shariat court has imposed any punishment on any person for contempt of the court. an appeal to the supreme court from a judgment, decision, order or sentence of the federal shariat court in a case to which the preceding clauses do not apply shall lie only if the supreme court grants leave to appeal. for the purpose of the exercise of the jurisdiction conferred by this article, there shall be constituted in the supreme court a bench to be called the shariat appellate bench and consisting ofthree muslim judges of the supreme court; and not more than two ulema to be appointed by the president to attend sittings of the bench as ad hoc members thereof from amongst the judges of the federal shariat court or from out of a panel of ulema to be drawn up by the president in consultation with the chief justice. a person appointed under paragraph (b) of clause (3) shall hold office for such period as the president may determine. reference in clauses (1) and (2) to "supreme court" shall be construed as a reference to the shariat appellate bench. while attending sittings of the shariat appellate bench, a person appointed under paragraph (b) of clause (3) shall have the same power and jurisdiction, and be entitled to the same privileges, as a judge of the supreme court and be paid such allowances as the president may determine. 203g. bar of jurisdiction save as provided in article 203f, no court or tribunal, including the supreme court and a high court, shall entertain any proceedings or exercise any power or jurisdiction in respect of any matter within the power or jurisdiction of the court. 203gg. decision of court binding on high court and courts subordinate to it subject to articles 203d and 203f, any decision of the court in the exercise of its jurisdiction under this chapter shall be binding on a high court and on all courts subordinate to a high court. 203h. pending proceedings to continue, etc subject to clause (2) nothing in this chapter shall be deemed to require any proceedings pending in any court or tribunal immediately before the commencement of this chapter or initiated after such commencement, to be adjourned or stayed by reason only of a petition having been made to the court for a decision as to whether or not a law or provision of law relevant to the decision of the point in issue in such proceedings is repugnant to the injunctions of islam; and all such proceedings shall continue, and the point in issue therein shall be decided, in accordance with the law for the time being in force. all proceedings under clause (1) of article 203b of the constitution that may be pending before any high court immediately before the commencement of this chapter shall stand transferred to the court and shall be dealt with by the court from the stage from which they are so transferred. neither the court nor the supreme court shall in the exercise of its jurisdiction under this chapter have power to grant an injunction or make any interim order in relation to any proceedings pending in any other court or tribunal. 203i. administrative arrangements, etc [omitted by the constitution (second amdt.) order, 1982, (p.o. no. 5 of 1982), art. 8.] 203j. power to make rules the court may, by notification in the official gazette, make rules for carrying out the purposes of this chapter. in particular, and without prejudice to the generality of the foregoing power, such rules may make provision in respect of all or any of the following matters, namely: the scale of payment of honoraria to be made to jurisconsults, experts and witnesses summoned by the court to defray the expenses, if any, incurred by them in attending for the purposes of the proceedings before the court; the form of oath to be made by a jurisconsult, expert or witness appearing before the court 2; the powers and functions of the court being exercised or performed by benches consisting of one or more members constituted by the chairman; the decision of the court being expressed in terms of the opinion of the majority of its members or, as the case may be, of the members constituting a bench; and the decision of cases in which the members constituting a bench are equally divided in their opinion. until rules are made under clause (1), the shariat benches of superior courts rules, 1979, shall, with the necessary modifications and so far as they are not inconsistent with the provisions of this chapter, continue in force. chapter 4. general provisions relating to the judicature 204. contempt of court in this article, "court" means the supreme court or a high court. a court shall have power to punish any person whoabuses, interferes with or obstructs the process of the court in any way or disobeys any order of the court; scandalizes the court or otherwise does anything which tends to bring the court or a judge of the court into hatred, ridicule or contempt; does anything which tends to prejudice the determination of a matter pending before the court; or does any other thing which, by law, constitutes contempt of the court. the exercise of the power conferred on a court by this article may be regulated by law and, subject to law, by rules made by the court. 205. remuneration etc., of judges the remuneration and other terms and conditions of service of a judge of the supreme court or of a high court shall be as provided in the fifth schedule. 206. resignation a judge of the supreme court or of a high court may resign his office by writing under his hand addressed to the president. a judge of a high court who does not accept appointment as a judge of the supreme court shall be deemed to have retired from his office and, on such retirement, shall be entitled to receive a pension calculated on the basis of the length of his service as judge and total service, if any, in the service of pakistan. 207. judge not to hold office of profit, etc a judge of the supreme court or of a high court shall nothold any other office of profit in the service of pakistan if his remuneration is thereby increased; or occupy any other position carrying the right to remuneration for the rendering of services. a person who has held office as a judge of the supreme court or of a high court shall not hold any office of profit in the service of pakistan, not being a judicial or quasi-judicial office or the office of chief election commissioner or of chairman or member of a law commission or of chairman or member of the council of islamic ideology, before the expiration of two years after he has ceased to hold that office. a person who has held office as a permanent judgeof the supreme court, shall not plead or act in any court or before any authority in pakistan; of a high court, shall not plead or act in any court or before any authority within its jurisdiction; and of the high court of west pakistan as it existed immediately before the coming into force of the province of west pakistan (dissolution) order, 1970, shall not plead or act in any court or before any authority within the jurisdiction of the principal seat of that high court or, as the case may be, the permanent bench of that high court to which he was assigned. 208. officers and servants of courts the supreme court and the federal shariat court, with the approval of the president and a high court, with the approval of the governor concerned, may make rules providing for the appointment by the court of officers and servants of the court and for their terms and conditions of employment. 209. supreme judicial council there shall be a supreme judicial council of pakistan, in this chapter referred to as the council. the council shall consist ofthe chief justice of pakistan; the two next most senior judges of the supreme court; and the two most senior chief justices of high courts. explanation.-for the purpose of this clause, the inter se seniority of the chief justices of the high courts shall be determined with reference to their dates of appointment as chief justice otherwise than as acting chief justice, and in case the dates of such appointment are the same, with reference to their dates of appointment as judges of any of the high courts. if at any time the council is inquiring into the capacity or conduct of a judge who is a member of the council, or a member of the council is absent or is unable to act due to illness or any other cause, thenif such member is a judge of the supreme court, the judge of the supreme court who is next in seniority below the judges referred to in paragraph (b) of clause (2), and if such member is the chief justice of a high court, the chief justice of another high court who is next in seniority amongst the chief justices of the remaining high courts, shall act as a member of the council in his place. if, upon any matter inquired into by the council, there is a difference of opinion amongst its members, the opinion of the majority shall prevail, and the report of the council to the president shall be expressed in terms of the view of the majority. if, on information from any source, the council or the president is of the opinion that a judge of the supreme court or of a high courtmay be incapable of properly performing the duties of his office by reason of physical or mental incapacity; or may have been guilty of misconduct, the president shall direct the council to, or the council may, on its own motion, inquire into the matter. if, after inquiring into the matter, the council reports to the president that it is of the opinionthat the judge is incapable of performing the duties of his office or has been guilty of misconduct, and that he should be removed from office, the president may remove the judge from office. a judge of the supreme court or of a high court shall not be removed from office except as provided by this article. the council shall issue a code of conduct to be observed by judges of the supreme court and of the high courts. 210. power of council to enforce attendance of persons, etc for the purpose of inquiring into any matter, the council shall have the same power as the supreme court has to issue directions or orders for securing the attendance of any person or the discovery or production of any document; and any such direction or order shall be enforceable as if it had been issued by the supreme court. the provisions of article 204 shall apply to the council as they apply to the supreme court and a high court. 211. bar of jurisdiction the proceedings before the council, its report to the president and the removal of a judge under clause (6) of article 209 shall not be called in question in any court. 212. administrative courts and tribunals notwithstanding anything hereinbefore contained the appropriate legislature may by act provide for the establishment of one or more administrative courts or tribunals to exercise exclusive jurisdiction in respect ofmatters relating to the terms and conditions of persons who are or have been in the service of pakistan, including disciplinary matters; matters relating to claims arising from tortious acts of government, or any person in the service of pakistan, or of any local or other authority empowered by law to levy any tax or cess and any servant of such authority acting in the discharge of his duties as such servant; or matters relating to the acquisition, administration and disposal of any property which is deemed to be enemy property under any law. notwithstanding anything hereinbefore contained where any administrative court or tribunal is established under clause (1), no other court shall grant an injunction, make any order or entertain any proceedings in respect of any matter to which the jurisdiction of such administrative court or tribunal extends and all proceedings in respect of any such matter which may be pending before such other court immediately before the establishment of the administrative court or tribunal; other than an appeal pending before the supreme court, shall abate on such establishment: provided that the provisions of this clause shall not apply to an administrative court or tribunal established under an act of a provincial assembly unless, at the request of that assembly made in the form of a resolution, majlis-e-shoora (parliament) by law extends the provisions to such a court or tribunal. an appeal to the supreme court from a judgment, decree, order or sentence of an administrative court or tribunal shall lie only if the supreme court, being satisfied that the case involves a substantial question of law of public importance, grants leave to appeal. 212a. establishment of military courts or tribunals [omitted by s.r.o. no. 1278 (1) 85, dated 30-12-85, read with proclamation of withdrawal of martial law dated 30-12-85 see gaz. of p. 1985, ext., pt. 1, dated 3 0-12-85, pp. 431-432, which was previously added by p.o. no. 21 of 1979, art. 2.] 212b. establishment of special courts for trial of heinous offences [repealed by the constitution (twelfth amdt.) act, 1991 (14 of 1991), s. 1 (3), (w.e.f 26th july, 1994), which was previously added by act 14 of 1991 s. 2, (w.e.f 27th july, 1991).] part viii. elections chapter 1. chief election commissioner and election commission 213. chief election commissioner there shall be a chief election commissioner (in this part referred to as the commissioner), who shall be appointed by the president. no person shall be appointed to be commissioner unless he has been a judge of the supreme court or has been a senior civil servant or is a technocrat and is not more than sixty-eight years of age. explanation 1.-â��senior civil servantâ�� means civil servant who has served for at least twenty years under federal or a provincial government and has retired in bps-22 or above. explanation 2.-â��technocratâ�� means a person who is the holder of a degree requiring conclusion of at least sixteen years of education, recognized by the higher education commission and has at least twenty years of experience, including a record of achievements at the national or international level. the prime minister shall in consultation with the leader of the opposition in the national assembly, forward three names for appointment of the commissioner to a parliamentary committee for hearing and confirmation of any one person. provided that in case there is no consensus between the prime minister and the leader of the opposition, each shall forward separate lists to the parliamentary committee for consideration which may confirm any one name. the parliamentary committee to be constituted by the speaker shall comprise fifty percent members from the treasury benches and fifty percent from the opposition parties, based on their strength in majlis-e-shoora (parliament), to be nominated by the respective parliamentary leaders: provided that the total strength of the parliamentary committee shall be twelve members out of which one-third shall be from the senate: provided further that when the national assembly is dissolved and a vacancy occurs in the office of the chief election commissioner, total membership of the parliamentary committee shall consist of the members from the senate only and the foregoing provisions of this clause shall, mutatis mutandis, apply. the commissioner or a member shall have such powers and functions as are conferred on him by the constitution and law. 214. oath of office before entering upon office, the commissioner shall make before the chief justice of pakistan and a member of the election commission shall make before the commissioner oath in the form set-out in the third schedule. 215. term of office of commissioner and members the commissioner and a member shall, subject to this article, hold office for a term of five years from the day he enters upon his office: provided that two of the members shall retire after the expiration of first two and a half years and two shall retire after the expiration of the next two and a half years: provided further that the commission shall for the first term of office of members draw a lot as to which two members shall retire after the first two and a half years: provided also that the term of office of a member appointed to fill a casual vacancy shall be the un-expired term of office of the member whose vacancy he has filled. the commissioner or a member shall not be removed from office except in the manner prescribed in article 209 for the removal from office of a judge and, in the application of the article for the purposes of this clause, any reference in that article to a judge shall be construed as a reference to the commissioner or, as the case may be, a member. the commissioner or a member may, by writing under his hand addressed to the president, resign his office. vacancy in the office of the commissioner or a member shall be filled within forty-five days. 216. commissioner and members not to hold office of profit the commissioner or a member shall nothold any other office of profit in the service of pakistan; or occupy any other position carrying the right to remuneration for the rendering of services. a person who has held office as commissioner or a member shall not hold any office of profit in the service of pakistan before the expiration of two years after he has ceased to hold that office. 217. acting commissioner at any time whenthe office of commissioner is vacant, or the commissioner is absent or is unable to perform the functions of his office due to any other cause, the most senior member in age of the members of commission shall act as commissioner. 218. election commission for the purpose of election to both houses of majlis-e-shoora (parliament), provincial assemblies and for election to such other public offices as may be specified by law, a permanent election commission shall be constituted in accordance with this article. the election commission shall consist ofthe commissioner who shall be chairman of the commission; and four members, one from each province, each of whom shall be a person who has been a judge of a high court or has been a senior civil servant or is a technocrat and is not more than sixty-five years of age, to be appointed by the president in the manner provided for appointment of the commissioner in clauses (2a) and (2b) of article 213. explanation.-â��senior civil servant"â�� and technocrat" shall have the same meaning as given in clause (2) o f article 213. it shall be the duty of the election commission to organize and conduct the election and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law, and that corrupt practices are guarded against. 219. duties of commission the commission shall be charged with the duty ofpreparing electoral rolls for election to the national assembly, provincial assemblies and local governments, and revising such rolls periodically to keep them up-to-date; organizing and conducting election to the senate or to fill casual vacancies in a house or a provincial assembly; and appointing election tribunals; the holding of general elections to the national assembly, provincial assemblies and the local governments; and such other functions as may be specified by an act of majlis-e-shoora (parliament): provided that till such time as the members of the commission are first appointed in accordance with the provisions of paragraph (b) of clause (2) of article 218 pursuant to the constitution (eighteenth amendment) act, 2010, and enter upon their office, the commissioner shall remain charged with the duties enumerated in paragraphs (a), (b) and (c) of this article. 220. executive authorities to assist commission, etc it shall be the duty of all executive authorities in the federation and in the provinces to assist the commissioner and the election commission in the discharge of his or their functions. 221. officers and staff until majlis-e-shoora (parliament) by law otherwise provides, the election commission may, with the approval of the president, make rules providing for the appointment by the commissioner of officers and staff to be employed in connection with the functions of the election commission and for their terms and conditions of employment. chapter 2. electoral laws and conduct of elections 222. electoral laws subject to the constitution, majlis-e-shoora (parliament) may by law provide forthe allocation of seats in the national assembly as required by clauses (3) and (4) of article 51; the delimitation of constituencies by the election commission including delimitation of constituencies of local governments; the preparation of electoral rolls, the requirements as to residence in a constituency, the determination of objections pertaining to and the commencement of electoral rolls; the conduct of elections and election petitions the decision of doubts and disputes arising in connection with elections; matters relating to corrupt practices and other offences in connection with elections; and all other matters necessary for the due constitution of the two houses, the provincial assemblies and local governments; but no such law shall have the effect of taking away or abridging any of the powers of the commissioner or the election commission under this part. 223. bar against double membership no person shall, at the same time, be a member ofboth houses; or a house and a provincial assembly; or the assemblies of two or more provinces; or a house or a provincial assembly in respect of more than one seat. nothing in clause (1) shall prevent a person from being a candidate for two or more seats at the same time, whether in the same body or in different bodies, but if he is elected to more than one seat he shall, within a period of thirty days after the declaration of the result for the last such seat, resign all but one of his seats, and if he does not so resign, all the seats to which he has been elected shall become vacant at the expiration of the said period of thirty days except the seat to which he has been elected last or, if he has been elected to more than one seat on the same day, the seat for election to which his nomination was filed last. explanation.-in this clause, "body" means either house or a provincial assembly. a person to whom clause (2) applies shall not take a seat in either house or the provincial assembly to which he has been elected until he has resigned all but one of his seats. subject to clause (2) if a member of either house or of a provincial assembly becomes a candidate for a second seat which, in accordance with clause (1), he may not hold concurrently with his first seat, then his first seat shall become vacant as soon as he is elected to the second seat. 224. time of election and bye-election a general election to the national assembly or a provincial assembly shall be held within a period of sixty days immediately following the day on which the term of the assembly is due to expire, unless the assembly has been sooner dissolved, and the results of the election shall be declared not later than fourteen days before that day. on dissolution of the assembly on completion of its term, or in case it is dissolved under article 58 or article 112, the president, or the governor, as the case may be, shall appoint a care-taker cabinet: provided that the care-taker prime minister shall be appointed by the president in consultation with the prime minister and the leader of the opposition in the outgoing national assembly, and a care-taker chief minister shall be appointed by the governor in consultation with the chief minister and the leader of the opposition in the outgoing provincial assembly: provided further that if the prime minister or a chief minister and their respective leader of the opposition do not agree on any person to be appointed as a care-taker prime minister or the care-taker chief minister, as the case may be, the provisions of article 224a shall be followed: provided also that the members of the federal and provincial care-taker cabinets shall be appointed on the advice of the care-taker prime minister or the care-taker chief minister, as the case may be. members of the care-taker cabinets including the care-taker prime minister and the care-taker chief minister and their immediate family members shall not be eligible to contest the immediately following elections to such assemblies. explanation.in this clause, "immediate family members" means spouse and children. when the national assembly or a provincial assembly is dissolved, a general election to the assembly shall be held within a period of ninety days after the dissolution, and the results of the election shall be declared not later than fourteen days after the conclusion of the polls. an election to fill the seats in the senate which are to become vacant on the expiration of the term of the members of the senate shall be held not earlier than thirty days immediately preceding the day on which the vacancies are due to occur. when, except by dissolution of the national assembly or a provincial assembly, a general seat in any such assembly has become vacant not later than one hundred and twenty days before the term of that assembly is due to expire, an election to fill the seat shall be held within sixty days from the occurrence of the vacancy. when a seat in the senate has become vacant, an election to fill the seat shall be held within thirty days from the occurrence of the vacancy. when a seat reserved for women or non-muslims in the national assembly or a provincial assembly falls vacant, on account of death, resignation or disqualification of a member, it shall be filled by the next person in order of precedence from the party list of the candidates to be submitted to the election commission by the political party whose member has vacated such seat. provided that if at any time the party list is exhausted, the concerned political party may submit a name for any vacancy which may occur thereafter. 224a. resolution by committee or election commission in case the prime minister and the leader of the opposition in the outgoing national assembly do not agree on any person to be appointed as the care-taker prime minister, within three days of the dissolution of the national assembly, they shall forward two nominees each to a committee to be immediately constituted by the speaker of the national assembly, comprising eight members of the outgoing national assembly, or the senate, or both, having equal representation from the treasury and the opposition, to be nominated by the prime minister and the leader of the opposition respectively. in case a chief minister and the leader of the opposition in the outgoing provisional assembly do not agree on any person to be appointed as the care-taker chief minister, within three days of the dissolution of that assembly, they shall forward two nominees each to a committee to be immediately constituted by the speaker of the provincial assembly, comprising six members of the outgoing provincial assembly having equal representation from the treasury and the opposition, to be nominated by the chief minister and the leader of the opposition respectively. the committee constituted under clause (1) or (2) shall finalize the name of the care-taker prime minister or care-taker chief minister, as the case may be, within three days of the referral of the matter to it: provided that in case of inability of the committee to decide the matter in the aforesaid period, the names of the nominees shall be referred to the election commission of pakistan for final decision within two days. the incumbent prime minister and the incumbent chief minister shall continue to hold office till appointment of the care-taker prime minister and the care-taker chief minister, as the case may be. notwithstanding anything contained in clauses (1) and (2), if the members of the opposition are less than five in the majlis-e-shoora (parliament) and less than four in any provincial assembly, then all of them shall be members of the committee mentioned in the aforesaid clauses and the committee shall be deemed to be duly constituted. 225. election dispute no election to a house or a provincial assembly shall be called in question except by an election petition presented to such tribunal and in such manner as may be determined by act of majlis-e-shoora (parliament). 226. elections by secret ballot all elections under the constitution, other than those of the prime minister and the chief minister, shall be by secret ballot. part ix. islamic provisions 227. provisions relating to the holy quran and sunnah all existing laws shall be brought in conformity with the injunctions of islam as laid down in the holy quran and sunnah, in this part referred to as the injunctions of islam, and no law shall be enacted which is repugnant to such injunctions. explanation.in the application of this clause to the personal law of any muslim sect, the expression "quran and sunnah shall mean the quran and sunnah as interpreted by the sect. effect shall be given to the provisions of clause (1) only in the manner provided in this part. nothing in this part shall affect the personal laws of non-muslim citizens or their status as citizens. 228. composition, etc., of islamic council there shall be, constituted within a period of ninety days from the commencing day a council of islamic ideology, in this part referred to as the islamic council. the islamic council shall consist of such members, being not less than eight and not more than twenty as the president may appoint from amongst persons having knowledge of the principles and philosophy of islam as enunciated in the holy quran and sunnah, or understanding of the economic, political, legal or administrative problems of pakistan. while appointing members of the islamic council, the president shall ensure thatso far as practicable various schools of thought are represented in the council; not less than two of the members are persons each of whom is, or has been a judge of the supreme court or of a high court; not less than one third of the members are persons each of whom has been engaged, for a period of not less than fifteen years, in islamic research or instruction; and at least one member is a woman. the president shall appoint one of the members of the islamic council to be the chairman thereof. subject to clause (6), a member of the islamic council shall hold office for a period of three years. a member may, by writing under his hand addressed to the president, resign his office or may be removed by the president upon the passing of a resolution for his removal by a majority of the total membership of the islamic council. 229. reference by majlis-e-shoora (parliament), etc., to islamic council the president or the governor of a province may, or if two-fifths of its total membership so requires, a house or a provincial assembly shall, refer to the islamic council for advice on any question as to whether a proposed law is or is not repugnant to the injunctions of islam. 230. functions of the islamic council the functions of the islamic council shall beto make recommendations to majlis-e-shoora (parliament) and the provincial assemblies as to the ways and means of enabling and encouraging the muslims of pakistan to order their lives individually and collectively in all respects in accordance with the principles and concepts of islam as enunciated in the holy quran and sunnah; to advise a house, a provincial assembly, the president or a governor on any question referred to the council as to whether proposed law is or is not repugnant to the injunctions of islam; to make recommendations as to the measures for bringing existing laws into conformity with the injunctions of islam and the stages by which such measures should be brought into effect; and to compile in a suitable form, for the guidance of majlis-e-shoora (parliament) and the provincial assemblies, such injunctions of islam as can be given legislative effect. when, under article 299, a question is referred by a house, a provincial assembly, the president or a governor to the islamic council, the council shall, within fifteen days thereof, inform the house, the assembly, the president or the governor, as the case may be, of the period within which the council expects to be able to furnish that advice. where a house, a provincial assembly, the president or the governor, as the case may be, considers that, in the public interest, the making of the proposed law in relation to which the question arose should not be postponed until the advice of the islamic council is furnished, the law may be made before the advice is furnished: provided that, where a law is referred for advice to the islamic council and the council advises that the law is repugnant to the injunctions of islam, the house or, as the case may be, the provincial assembly, the president or the governor shall reconsider the law so made. the islamic council shall submit its final report within seven years of its appointment, and shall submit an annual interim report. the report, whether interim or final, shall be laid for discussion before both houses and each provincial assembly within six months of its receipt, and majlis-e-shoora (parliament) and the assembly, after considering the report, shall enact laws in respect thereof within a period of two years of the final report. 231. rules of procedure the proceedings of the islamic council shall be regulated by rules of procedure to be made by the council with approval of the president. part x. emergency provisions 232. proclamation of emergency on account of war, internal disturbance, etc if the president is satisfied that a grave emergency exists in which the security of pakistan, or any part thereof, is threatened by war or external aggression, or by internal disturbance beyond the power of a provincial government to control, he may issue a proclamation of emergency: provided that for imposition of emergency due to internal disturbances beyond the powers of a provincial government to control, a resolution from the provincial assembly of that province shall be required: provided further that if the president acts on his own, the proclamation of emergency shall be placed before both houses of majlis-e-shoora (parliament) for approval by each house within ten days. notwithstanding anything in the constitution, while a proclamation of emergency is in forcemajlis-e-shoora (parliament) shall have power to make laws for a province, or any part thereof, with respect to any matter not enumerated in the federal legislative list the executive authority of the federation shall extend to the giving of directions to a province as to the manner in which the executive authority of the province is to be exercised; and the federal government may by order assume to itself, or direct the governor of a province to assume on behalf of the federal government, all or any of the functions of the government of the province, and all or any of the powers vested in, or exercisable by, any body or authority in the province other than the provincial assembly, and make such incidental and consequential provisions as appear to the federal government to be necessary or desirable for giving effect to the objects of the proclamation, including provisions for suspending, in whole or in part, the operation of any provisions of the constitution relating to any body or authority in the province: provided that nothing in paragraph (c) shall authorise the federal government to assume to itself, or direct the governor of the province to assume on its behalf, any of the powers vested in or exercisable by a high court, or to suspend either in whole or in part the operation of any provisions of the constitution relating to high courts. the power of majlis-e-shoora (parliament) to make laws for a province with respect to any matter shall include power to make laws conferring powers and imposing duties, or authorizing the conferring of powers and the imposition of duties upon the federation, or officers and authorities of the federation, as respects that matter. nothing in this article shall restrict the power of a provincial assembly to make any law which under the constitution it has power to make, but if any provision of a provincial law is repugnant to any provision of an act of majlis-e-shoora (parliament) which majlis-e-shoora (parliament) has under this article power to make, the act of majlis-e-shoora (parliament), whether passed before or after the provincial law, shall prevail and the provincial law shall, to the extent of the repugnancy, but so long only as the act of majlis-e-shoora (parliament) continues to have effect, be void. a law made by majlis-e-shoora (parliament) which majlis-e-shoora (parliament) would not but for the issue of a proclamation of emergency have been competent to make, shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the proclamation of emergency has ceased to be in force, except as respects things done or omitted to be done before the expiration of the said period. while a proclamation of emergency is in force, majlis-e-shoora (parliament) may by law extend the term of the national assembly for a period not exceeding one year and not extending in any case beyond a period of six months after the proclamation has ceased to be in force. a proclamation of emergency shall be laid before a joint sitting which shall be summoned by the president to meet within thirty days of the proclamation being issued andshall cease to be in force at the expiration of two months unless before the expiration of that period it has been approved by a resolution of the joint sitting; and shall, subject to the provisions of paragraph (a), cease to be in force upon a resolution disapproving the proclamation being passed by the votes of the majority of the total membership of the two houses in joint sitting. notwithstanding anything contained in clause (7), if the national assembly stands dissolved at the time when a proclamation of emergency is issued, the proclamation shall continue in force for a period of four months but, if a general election to the assembly is not held before the expiration of that period; it shall cease to be in force at the expiration of that period unless it has earlier been approved by a resolution of the senate. 233. power to suspend fundamental rights, etc., during emergency period nothing contained in articles 15, 16, 17, 18, 19, and 24 shall, while a proclamation of emergency is in force, restrict the power of the state as defined in article 7 to make any law or to take any executive action which it would, but for the provisions in the said articles, be competent to make or to take, but any law so made shall, to the extent of the incompetency, cease to have effect, and shall be deemed to have been repealed, at the time when the proclamation is revoked or has ceased to be in force. while a proclamation of emergency is in force, the president may, by order, declare that the right to move any court for the enforcement of such of the fundamental rights conferred by chapter 1 of part ii as may be specified in the order, and any proceeding in any court which is for the enforcement, or involves the determination of any question as to the infringement, of any of the rights so specified, shall remain suspended for the period during which the proclamation is in force, and any such order may be made in respect of the whole or any part of pakistan. every order made under this article shall, as soon as may be, be laid before both houses of majlis-e-shoora (parliament), separately for approval and the provisions of clauses (7) and (8) of article 232 shall apply to such an order as they apply to a proclamation of emergency. 234. power to issue proclamation in case of failure of constitutional machinery in a province if the president, on receipt of a report from the governor of a province is satisfied that a situation has arisen in which the government of the province cannot be carried on in accordance with the provisions of the constitution, the president may, or if a resolution in this behalf is passed by each house separately shall, by proclamation, assume to himself, or direct the governor of the province to assume on behalf of the president, all or any of the functions of the government of the province, and all or any of the powers vested in, or exercisable by, any body or authority in the province, other than the provincial assembly; declare that the powers of the provincial assembly shall be exercisable by, or under the authority of, majlis-e-shoora (parliament); and make such incidental and consequential provisions as appear to the president to be necessary or desirable for giving effect to the objects of the proclamation, including provisions for suspending in whole or in part the operation of any provisions of the constitution relating to any body or authority in the province: provided that nothing in this article shall authorise the president to assume to himself, or direct the governor of the province to assume on his behalf, any of the powers vested in, or exercisable by, a high court, or to suspend either in whole or in part the operation of any provisions of the constitution relating to high courts. the provisions of article 105 shall not apply to the discharge by the governor of his functions under clause (1). a proclamation issued under this article shall be laid before a joint sitting and shall cease to be in force at the expiration of two months, unless before the expiration of that period it has been approved by resolution of the joint sitting and may by like resolution be extended for a further period not exceeding two months at a time; but no such proclamation shall in any case remain in force for more than six months. notwithstanding anything contained in clause (3), if the national assembly stands dissolved at the time when a proclamation is issued under this article, the proclamation shall continue in force for a period of three months but, if a general election to the assembly is not held before the expiration of that period, it shall cease to be in force at the expiration of that period unless it has earlier been approved by a resolution of the senate. where by a proclamation issued under this article it has been declared that the powers of the provincial assembly shall be exercisable by or under the authority of majlis-e-shoora (parliament), it shall be competentto majlis-e-shoora (parliament) in joint sitting to confer on the president the power to make laws with respect to any matter within the legislative competence of the provincial assembly; to majlis-e-shoora (parliament) in joint sitting, or the president, when he is empowered under paragraph (a), to make laws conferring powers and imposing duties, or authorising the conferring of powers and the imposition of duties, upon the federation, or officers and authorities thereof; to the president, when majlis-e-shoora (parliament) is not in session, to authorise expenditure from the provincial consolidated fund, whether the expenditure is charged by the constitution upon that fund or not, pending the sanction of such expenditure by majlis-e-shoora (parliament) in joint sitting; and to majlis-e-shoora (parliament) in joint sitting by resolution to sanction expenditure authorised by the president under paragraph (c) any law made by majlis-e-shoora (parliament) or the president which majlis-e-shoora (parliament) or the president would not, but for the issue of a proclamation under this article, have been competent to make, shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the proclamation under this article has ceased to be in force, except as to things, done or omitted to be done before the expiration of the said period. 235. proclamation in case of financial emergency if the president is satisfied that a situation has arisen whereby the economic life, financial stability or credit of pakistan, or any part thereof, is threatened, he may, after consultation with the governors of the provinces or, as the case may be, the governor of the province concerned, by proclamation make a declaration to that effect, and, while such a proclamation is in force, the executive authority of the federation shall extend to the giving of directions to any province to observe such principles of financial propriety as may be specified in the directions, and to the giving of such other directions as the president may deem necessary in the interest of the economic life, financial stability or credit of pakistan or any part thereof. notwithstanding anything in the constitution, any such directions may include a provision requiring a reduction of the salary and allowances of all or any class of persons serving in connection with the affairs of a province. while a proclamation issued under this article is in force the president may issue directions for the reduction of the salaries and allowances of all or any class of persons serving in connection with the affairs of the federation. the provisions of clauses (3) and (4) article 234 shall apply to a proclamation issued under this article as they apply to a proclamation issued under that article. 236. revocation of proclamation, etc a proclamation issued under this part may be varied or revoked by a subsequent proclamation. the validity of any proclamation issued or order made under this part shall not be called in question in any court. 237. majlis-e-shoora (parliament) may make laws of indemnity, etc nothing in the constitution shall prevent majlis-e-shoora (parliament) from making any law indemnifying any person in the service of the federal government or a provincial government, or any other person, in respect of any act done in connection with the maintenance or restoration of order in any area in pakistan. part xi. amendment of constitution 238. amendment of constitution subject to this part, the constitution may be amended by act of majlis-e-shoora (parliament). 239. constitution, amendment bill a bill to amend the constitution may originate in either house and, when the bill has been passed by the votes of not less than two-thirds of the total membership of the house, it shall be transmitted to the other house. if the bill is passed without amendment by the votes of not less than two-thirds of the total membership of the house to which it is transmitted under clause (1), it shall, subject to the provisions of clause (4), be presented to the president for assent. if the bill is passed with amendment by the votes of not less than two-thirds of the total membership of the house to which it is transmitted under clause (1), it shall be reconsidered by the house in which it had originated, and if the bill as amended by the former house is passed by the latter by the votes of not less than two-thirds of its total membership it shall, subject to the provisions of clause (4), be presented to the president for assent. a bill to amend the constitution which would have the effect of altering the limits of a province shall not be presented to the president for assent unless it has been passed by the provincial assembly of that province by the votes of not less than two-thirds of its total membership. no amendment of the constitution shall be called in question in any court on any ground whatsoever. for the removal of doubt, it is hereby declared that there is no limitation whatever on the power of the majlis-e-shoora (parliament) to amend any of the provisions of the constitution. part xii. miscellaneous chapter 1. services 240. appointments to service of pakistan and conditions of service subject to the constitution, the appointments to and the conditions of service of persons in the service of pakistan shall be determinedin the case of the services of the federation, posts in connection with the affairs of the federation and all-pakistan services, by or under act of majlis-e-shoora (parliament); and in the case of the services of a province and posts in connection with the affairs of a province, by or under act of the provincial assembly. explanation.-in this article, "all-pakistan service" means a service common to the federation and the provinces, which was in existence immediately before the commencing day or which may be created by act of majlis-e-shoora (parliament). 241. existing rules, etc., to continue until the appropriate legislature makes a law under article 240, all rules and orders in force immediately before the commencing day shall, so far as consistent with the provisions of the constitution, continue in force and may be amended from time to time by the federal government or, as the case may be the provincial government. 242. public service commission majlis-e-shoora (parliament) in relation to the affairs of the federation, and the provincial assembly of a province in relation to the affairs of the province may, by law provide for the establishment and constitution of a public service commission. the chairman of the public service commission constituted in relation to the affairs of the federation shall be appointed by the president on the advice of the prime minister. the chairman of the public service commission constituted in relation to affairs of a province shall be appointed by the governor on advice of the chief minister. a public service commission shall perform such functions as may be prescribed by law. chapter 2. armed forces 243. command of armed forces the federal government shall have control and command of the armed forces. without prejudice to the generality of the foregoing provision, the supreme command of the armed forces shall vest in the president. the president shall subject to law, have powerto raise and maintain the military, naval and air forces of pakistan; and the reserves of such forces; and to grant commissions in such forces. the president shall, on advice of the prime minister, appointthe chairman, joint chiefs of staff committee; the chief of the army staff; the chief of the naval staff; and the chief of the air staff, and shall also determine their salaries and allowances. 244. oath of armed forces every member of the armed forces shall make oath in the form set out in the third schedule. 245. functions of armed forces the armed forces shall, under the directions of the federal government defend pakistan against external aggression or threat of war, and, subject to law, act in aid of civil power when called upon to do so. the validity of any direction issued by the federal government under clause (1) shall not be called in question in any court. a high court shall not exercise any jurisdiction under article 199 in relation to any area in which the armed forces of pakistan are, for the time being, acting in aid of civil power in pursuance of article 245: provided that this clause shall not be deemed to affect the jurisdiction of the high court in respect of any proceeding pending immediately before the day on which the armed forces start acting in aid of civil power. any proceeding in relation to an area referred to in clause (3) instituted on or after the day the armed forces start acting in aid of civil power and pending in any high court shall remain suspended for the period during which the armed forces are so acting. chapter 3. tribal areas 246. tribal areas in the constitution,"tribal areas" means the areas in pakistan which, immediately before the commencing day, were tribal areas, and includesthe tribal areas of balochistan and the khyber pakhtunkhwa province. the former states of amb, chitral, dir and swat; "provincially administered tribal areas" meansthe districts of chitral, dir and swat (which includes kalam) the tribal area in kohistan district, malakand protected area, the tribal area adjoining mansehra district and the former state of amb; and zhob district, loralai district (excluding duki tehsil), dalbandin tehsil of chagai district and marri and bugti tribal territories of sibi district; "federally administered tribal areas" includestribal areas, adjoining peshawar district; tribal areas adjoining kohat district; tribal areas adjoining bannu district; tribal areas adjoining lakki marwat district; tribal areas adjoining dera ismail khan district; tribal areas adjoining tank district; bajaur agency; orakzai agency; mohmand agency; khyber agency; kurram agency; north waziristan agency; and south waziristan agency; and on the commencement of the constitution (twenty-fifth amendment) act, 2018, the areas mentioned inâ�� paragraph (b),â�� in sub-paragraph (i), shall stand merged in the province of khyber pakhtunkhwa; and in sub-paragraph (ii), shall stand merged in the province of balochistan; and paragraph (c), shall stand merged in the province of khyber pakhtunkhwa. [omitted by the constitution (twenty-fifth amendment) act, 2017 (37 of 2018)] chapter 4. general 248. protection to president, governor, minister, etc the president, a governor, the prime minister, a federal minister, a minister of state, the chief minister and a provincial minister shall not be answerable to any court for the exercise of powers and performance of functions of their respective offices or for any act done or purported to be done in the exercise of those powers and performance of those functions: provided that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the federation or a province. no criminal proceedings whatsoever shall be instituted or continued against the president or a governor in any court during his term of office. no process for the arrest or imprisonment of the president or a governor shall issue from any court during his term of office. no civil proceedings in which relief is claimed against the president or a governor shall be instituted during his term of office in respect of any thing done or not done by him in his personal capacity whether before or after he enters upon his office unless, at least sixty days before the proceedings are instituted, notice in writing has been delivered to him, or sent to him in the manner prescribed by law, stating the nature of the proceedings, the cause of action, the name, description and place of residence of the party by whom the proceedings are to be instituted and the relief which the party claims. 249. legal proceedings any legal proceedings which, but for the constitution, could have been brought by or against the federation in respect of a matter which, immediately before the commencing day, was the responsibility of the federation and has, under the constitution, become the responsibility of a province, shall be brought by or against the province concerned; and if any such legal proceedings were pending in any court immediately before the commencing day then, in those proceedings, for the federation the province concerned shall, as from that day, be deemed to have been substituted. any legal proceedings which, but for the constitution, could have been brought by or against a province in respect of a matter which, immediately before the commencing day, was the responsibility of the province and has under the constitution become the responsibility of the federation, shall be brought by or against the federation; and if any such legal proceedings were pending in any court immediately before the commencing day then, in those proceedings, for the province the federation shall, as from that day, be deemed to have been substituted. 250. salaries, allowances, etc., of the president, etc within two years from the commencing day, provision shall be made by law for determining the salaries, allowances and privileges of the president, the speaker and deputy speaker and a member of the national assembly or a provincial assembly, the chairman and deputy chairman and a member of the senate, the prime minister, a federal minister, a minister of state, a chief minister, a provincial minister and the chief election commissioner. until other provision is made by law,the salaries, allowances and privileges of the president, the speaker or deputy speaker or a member of the national assembly or a provincial assembly, a federal minister, a minister of state, a chief minister, a provincial minister and the chief election commissioner shall be same as the salaries, allowances and privileges to which the president, the speaker or deputy speaker or member of the national assembly of pakistan or a provincial assembly, a federal minister, a minister of state, a chief minister, a provincial minister or, as the case may be, the chief election commissioner was entitled immediately before the commencing day; and the salaries, allowances and privileges of the chairman, the deputy chairman, the prime minister and a member of the senate shall be such as the president may by order determine. the salary, allowances and privileges of a person holding office asthe president; the chairman or deputy chairman; the speaker or deputy speaker of the national assembly or a provincial assembly; a governor; the chief election commissioner; or the auditor-general; shall not be varied to his disadvantage during his term of office. at any time when the chairman or speaker is acting as president, he shall be entitled to the same salary, allowances and privileges as a president but shall not exercise any of the functions of the office of chairman or speaker or a member of majlis-e-shoora (parliament) or be entitled to salary, allowances or privileges as chairman, speaker or such a member. 251. national language the national language of pakistan is urdu, and arrangements shall be made for its being used for official and other purposes within fifteen years from the commencing day. subject to clause (1), the english language may be used for official purposes until arrangements are made for its replacement by urdu. without prejudice to the status of the national language, a provincial assembly may by law prescribe measures for the teaching, promotion and use of a provincial language in addition to the national language. 252. special provisions in relation to major ports and aerodromes notwithstanding anything contained in the constitution or in any law, the president may, by public notification, direct that, for a period not exceeding three months from a specified date, a specified law, whether a federal law or a provincial law, shall not apply to a specified major port or major aerodrome, or shall apply to a specified major port or major aerodrome subject to specified exceptions or modifications. the giving of a direction under this article in relation to any law shall not affect the operation of the law prior to the date specified in the direction. 253. maximum limits as to property, etc majlis-e-shoora (parliament) may by lawprescribe the maximum limits as to property or any class thereof which may be owned, held, possessed or controlled by any person; and declare that any trade, business, industry or service specified in such law shall be carried on or owned, to the exclusion, complete or partial, of other persons, by the federal government or a provincial government, or by a corporation controlled by any such government. any law which permits a person to own beneficially or possess beneficially an area of land greater than that which, immediately before the commencing day, he could have lawfully owned beneficially or possessed beneficially shall be invalid. 254. failure to comply with requirement as to time does not render an act invalid when any act or thing is required by the constitution to be done within a particular period and it is not done within that period, the doing of the act or thing shall not be invalid or other-wise ineffective by reason only that it was not done within that period. 255. oath of office an oath required to be made by a person under the constitution shall preferably be made in urdu or a language that is understood by that person. where, under the constitution, an oath is required to be made before a specified person and, for any reason, it is impracticable for the oath to be made before that person, it may be made before such other person as may be nominated by that person. where, under the constitution, a person is required to make an oath before he enters upon an office, he shall be deemed to have entered upon the office on the day on which he makes the oath. 256. private armies forbidden no private organisation capable of functioning as a military organisation shall be formed, and any such organisation shall be illegal. 257. provision relating to the state of jammu and kashmir when the people of the state of jammu and kashmir decide to accede to pakistan, the relationship between pakistan and that state shall be determined in accordance with the wishes of the people of that state. 258. government of territories outside provinces subject to the constitution, until majlis-e-shoora (parliament) by law otherwise provides, the president may, by order, make provision for peace and good government of any part of pakistan not forming part of a province. 259. awards no citizen shall accept any title, honour or decoration from any foreign state except with the approval of the federal government. no title, honour or decoration shall be conferred by the federal government or any provincial government on any citizen, but the president may award decorations in recognition of gallantry, meritorious service in the armed forces, academic distinction or distinction in the field of sports or nursing, as provided by federal law. all titles, honours and decorations awarded to citizens by any authority in pakistan before the commencing day other-wise than in recognition of gallantry, meritorious service in the armed forces or academic distinction shall stand annulled. chapter 5. interpretation 260. definitions in the constitution, unless the context otherwise requires, the following expressions have the meaning hereby respectively assigned to them, that is to say,"act of majlis-e-shoora (parliament)" means an act passed by majlis-e-shoora (parliament) or the national assembly and assented to, or deemed to have been assented to, by the president; "act of provincial assembly" means an act passed by the provincial assembly of a province and assented to, or deemed to have been assented to, by the governor; "agricultural income" means agricultural income as defined for the purposes of the law relating to income-tax; "article" means article of the constitution; "borrow" includes the raising of money by the grant of annuities, and "loans" shall be construed accordingly; "chairman" means the chairman of the senate and, except in article 49, includes a person acting as chairman of the senate; "chief justice", in relation to the supreme court or a high court, includes the judge for the time being acting as chief justice of the court; "citizen" means a citizen of pakistan as defined by law; clause means clause of the article in which it occurs; "clause" means clause of the article in which it occurs; "corporation tax" means any tax on income that is payable by companies and in respect of which the following conditions apply:the tax is not chargeable in respect of agricultural income; no deduction in respect of the tax paid by companies is, by any law which may apply to the tax, authorised to be made from dividends payable by the companies to individuals; no provision exists for taking the tax so paid into account in computing for the purposes of income-tax the total income of individual receiving such dividends, or in computing the income-tax payable by, or refundable to, such individuals; "debt" includes any liability in respect of any obligation to repay capital sums by way of annuities and any liability under any guarantee, and "debt charges" shall be construed accordingly; "estate duty" means a duty assessed on, or by reference to, the value of property passing upon death; "existing law" has the same meaning as in clause (7) of article 268; "federal law" means a law made by or under the authority of majlis-e-shoora (parliament); "financial year" means a year commencing on the first day of july; "goods" includes all materials, commodities and articles; "governor" means the governor of a province and includes any person for the time being acting as the governor of a province; "guarantee" includes any obligation undertaken before the commencing day to make payments in the event of the profits of an undertaking falling short of a specified amount; "house" means the senate or the national assembly; "joint sitting" means a joint sitting of the two houses; "judge" in relation to the supreme court or a high court, includes the chief justice of the court and also includesin relation to the supreme court, a person who is acting as a judge of the court; an in relation to the high court, a person who is an additional judge of the court; "members of the armed forces" does not include persons who are not, for the time being, subject to any law relating to the members of the armed forces; "net proceeds" means, in relation to any tax or duty, the proceeds thereof, reduced by the cost of collection, as ascertained and certified by the auditor-general; "oath" includes affirmation; "part" means part of the constitution; "pension" means a pension, whether contributory or not, of any kind whatsoever payable to, or in respect of, any person and includes retired pay so payable, a gratuity so payable, and any sum or sums so payable by way of the return, with or without interest thereon or any addition thereto, of subscriptions to a provident fund; "person" includes any body politic or corporate; "president" means the president of pakistan and includes a person for the time being acting as, or performing the functions of, the president of pakistan and, as respects anything required to be done under the constitution before the commencing day, the president under the interim constitution of the islamic republic of pakistan; "property" includes any right, title or interest in property, movable or immovable, and any means and instruments of production; "provincial law" means a law made by or under the authority of the provincial assembly; "remuneration" includes salary and pension; "schedule" means schedule to the constitution; "security of pakistan" includes the safety, welfare, stability and integrity of pakistan and of each part of pakistan, but shall not include public safety as such; "service of pakistan" means any service, post or office in connection with the affairs of the federation or of a province, and includes an all-pakistan service, service in the armed forces and any other service declared to be a service of pakistan by or under act of majlis-e-shoora (parliament) or of a provincial assembly, but does not include service as speaker, deputy speaker, chairman, deputy chairman, prime minister, federal minister, minister of state, chief minister, provincial minister, attorney-general, advocate-general, parliamentary secretary or chairman or member of a law commission, chairman or member of the council of islamic ideology, special assistant to the prime minister, adviser to the prime minister, special assistant to a chief minister, adviser to a chief minister or member of a house or a provincial assembly; "speaker" means the speaker of the national assembly or a provincial assembly, and includes any person acting as the speaker of the assembly; "taxation" includes the imposition of any tax or duty, whether general, local or special, and "tax" shall be construed accordingly; "tax on income" includes a tax in the nature of an excess profits tax or a business profits tax. in the constitution "act of majlis-e-shoora (parliament)" or "federal law" or "act of provincial assembly" or "provincial law" shall include an ordinance promulgated by the president or, as the case may be, a governor. in the constitution and all enactments and other legal instruments, unless there is anything repugnant in the subject or context,"muslim" means a person who believes in the unity and oneness of almighty allah, in the absolute and unqualified finality of the prophethood of muhammad (peace be upon him), the last of the prophets, and does not believe in, or recognize as a prophet or religious reformer, any person who claimed or claims to be a prophet, in any sense of the word or of any description whatsoever, after muhammad (peace be upon him); and "non-muslim" means a person who is not a muslim and includes a person belonging to the christian, hindu, sikh, budhist or parsi community, a person of the quadiani group or the lahori group (who call themselves 'ahmadis' or by any other name), or a bahai, and a person belonging to any of the scheduled castes. 261. person acting in office not to be regarded as successor to previous occupant of office, etc for the purposes of the constitution, a person who acts in an office shall not be regarded as the successor to the person who held that office before him or as the predecessor to the person who holds that office after him. 262. gregorian calendar to be used for the purposes of the constitution, periods of time shall be reckoned according to the gregorian calendar. 263. gender and number in the constitution, words importing the masculine gender shall be taken to include females; and words in the singular shall include the plural, and words in the plural shall include the singular. 264. effect of repeal of laws where a law is repealed, or is deemed to have been repealed, by, under, or by virtue of the constitution, the repeal shall not, except as otherwise provided in the constitution,revive anything not in force or existing at the time at which the repeal takes effect; affect the previous operation of the law or anything duly done or suffered under the law; affect any right, privilege, obligation or liability acquired, accrued or incurred under the law; affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the law; or affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the law had not been repealed. chapter 6. title, commencement and repeal 265. title of constitution and commencement this constitution shall be known as the constitution of the islamic republic of pakistan. subject to clauses (3) and (4), the constitution shall come into force on the fourteenth day of august, one thousand nine hundred and seventy-three or on such earlier day as the president may, by notification in the official gazette, appoint, in the constitution referred to as the "commencing day". the constitution shall, to the extent necessaryfor the constitution of the first senate; for the first meeting of a house or a joint sitting to be held; for the election of the president and the prime minister to be held; and to enable any other thing to be done which, for the purposes of the constitution, it is necessary to do before the commencing day, come into force upon the enactment of the constitution, but the person elected as president or prime minister shall not enter upon his office before the commencing day. where by the constitution a power is conferred to make rules or to issue orders with respect to the enforcement of any provision thereof, or with respect to the establishment of any court or office, or the appointment of any judge or officer there-under, or with respect to the person by whom, or the time when, or the place where, or the manner in which, anything is to be done under any such provision, then that power may be exercised at any time between the enactment of the constitution and its commencement. 266. repeal the interim constitution of the islamic republic of pakistan, together with the acts and president's orders making omissions from, additions to, modifications of, or amendments in, that constitution is hereby repealed. chapter 7. transitional 267. power of president to remove difficulties at any time before the commencing day or before the expiration of three months from the commencing day, the president may, for the purpose of removing any difficulties, or for bringing the provisions of the constitution into effective operation, by order, direct that the provisions of the constitution shall, during such period as may be specified in the order, have effect, subject to such adaptations, whether by way of modification, addition or omission, as he may deem to be necessary or expedient. an order made under clause (1) shall be laid before both houses without undue delay, and shall remain in force until a resolution disapproving it is passed by each house or, in case of disagreement between the two houses, until such resolution is passed at a joint sitting. 267a. power to remove difficulties if any difficulty arises in giving effect to the provisions of the constitution (eighteenth amendment) act, 2010, hereinafter in this article referred to as the act, or for bringing the provisions of the act into effective operation, the matter shall be laid before both houses in a joint sitting which may by a resolution direct that the provisions of the act shall, during such period as may be specified in the resolution, have effect, subject to such adaptations, whether by way of modification, addition or omission, as may be deemed necessary or expedient: provided that this power shall be available for a period of one year from the commencement of the act. 267b. removal of doubt for removal of doubt it is hereby declared that article 152a omitted and articles 179 and 195 substituted by the constitution (seventeenth amendment) act, 2003 (act no. iii of 2003), notwithstanding its repeal, shall be deemed always to have been so omitted and substituted. 268. continuance in force, and adaptation of certain laws except as provided by this article, all existing laws shall, subject to the constitution, continue in force, so far as applicable and with the necessary adaptations, until altered, repealed or amended by the appropriate legislature. [omitted] for the purpose of bringing the provisions of any existing law into accord with the provisions of the constitution (other than part ii of the constitution), the president may by order, within a period of two years from the commencing day, make such adaptations, whether by way of modification, addition or omission, as he may deem to be necessary or expedient, and any such order may be made so as to have effect from such day, not being a day earlier than the commencing day, as may be specified in the order. the president may authorise the governor of a province to exercise, in relation to the province, the powers conferred on the president by clause (3) in respect of laws relating to matters with respect to which the provincial assembly has power to make laws. the powers exercisable under clauses (3) and (4) shall be subject to the provisions of an act of the appropriate legislature. any court, tribunal or authority required or empowered to enforce an existing law shall, notwithstanding that no adaptations have been made in such law by an order made under clause (3) or clause (4), construe the law with all such adaptations as are necessary to bring it into accord with the provisions of the constitution. in this article, "existing laws" means all laws (including ordinances, orders-in-council, orders, rules, bye-laws, regulations and letters patent constituting a high court, and any notifications and other legal instruments having the force of law) in force in pakistan or any part thereof, or having extra-territorial validity, immediately before the commencing day. explanation.-in this article, "in force", in relation to any law, means having effect as law whether or not the law has been brought into operation. 269. validation of law, acts, etc all proclamations, presidents orders, martial law regulations, martial law orders and all other laws made between the twentieth day of december, one thousand nine hundred and seventy-one and the twentieth day of april, one thousand nine hundred and seventy-two (both days inclusive), are hereby declared notwithstanding any judgment of any court, to have been validly made by competent authority and shall not be called in question in any court on any ground whatsoever. all orders made, proceedings taken and acts done by any authority, or by any person, which were made, taken or done, or purported to have been made, taken or done, between the twentieth day of december, one thousand nine hundred and seventy-one, and the twentieth day of april, one thousand nine hundred and seventy-two (both days inclusive), in exercise of the powers derived from any president's orders, martial law regulations, martial law orders, enactments, notifications, rules, orders or bye-laws, or in execution of any orders made or sentences passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any court, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any court on any ground whatsoever. no suit or other legal proceedings shall lie in any court against any authority or any person for or on account of or in respect of any order made, proceedings taken or act done whether in the exercise or purported exercise of the powers referred to in clause (2) or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers. 270. temporary validation of certain laws, etc majlis-e-shoora (parliament) may by law made in the manner prescribed for legislation for a matter in part i of the federal legislative list validate all proclamations, president's orders, martial law regulations, martial law orders and other laws made between the twenty-fifth day of march, one thousand nine hundred and sixty-nine, and the nineteenth day of december, one thousand nine hundred and seventy-one (both days inclusive). notwithstanding a judgment of any court, a law made by majlis-e-shoora (parliament) under clause (1) shall not be questioned in any court on any ground, whatsoever. notwithstanding the provisions of clause (1), and a judgment of any court to the contrary, for a period of two years from the commencing day, the validity of all such instruments as are referred to in clause (1) shall not be called in question before any court on any ground whatsoever. all orders, made, proceedings taken, and acts done by any authority, or any person, which were made, taken or done, or purported to have been made, taken or done, between the twenty-fifth day of march, one thousand nine hundred and sixty-nine and nineteenth day of december, one thousand nine hundred and seventy-one (both days inclusive), in exercise of powers derived from any president's orders, martial law regulations, martial law orders, enactments, notifications, rules, orders or bye-laws, or in execution of any order made or sentence passed by any authority in the exercise or purported exercise of power as aforesaid shall, notwithstanding any judgment of any court, be deemed to be and always to have been validly made, taken or done, so however that any such order, proceeding or act may be declared invalid by majlis-e-shoora (parliament) at any time within a period of two years from the commencing day by resolution of both houses, or in case of disagreement between the two houses, by such resolution passed at a joint sitting and shall not be called in question before any court on any ground, whatsoever. 270a. affirmation of president's orders, etc the proclamation of the fifth day of july, 1977, all president's orders, ordinances, martial law regulations, martial law orders, including the referendum order, 1984 (p.o. no. 11 of 1984), 4, the revival of the constitution of 1973 order, 1985 (p.o. no. 14 of 1985), the constitution (second amendment) order, 1985 (p.o. no. 20 of 1985), the constitution (third amendment) order, 1985 (p.o. no. 24 of 1985), and all other laws made between the fifth day of july, 1977, and the date on which this article comes into force are hereby affirmed, adopted and declared, notwithstanding any judgement of any court, to have been validly made by competent authority and, notwithstanding anything contained in the constitution, shall not be called in question in any court on any ground whatsoever: provided that a president's order, martial law regulation or martial law order made after the thirtieth day of september, 1985, shall be confined only to making such provisions as facilitate, or are incidental to, the revocation of the proclamation of the fifth day of july, 1977. all orders made, proceedings taken and acts done by any authority or by any person, which were made, taken or done, or purported to have been made, taken or done, between the fifth day of july, 1977, and the date on which this article comes into force, in exercise of the powers derived from any proclamation, president's orders, ordinances, martial law regulations, martial law orders, enactments, notifications, rules, orders or bye-laws, or in execution of or in compliance with any order made or sentence passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgement of any court, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any court on any ground whatsoever. all president's orders, ordinances, martial law regulations, martial law orders, enactments, notifications, rules, orders, or bye-laws, in force immediately before the date on which this article comes into force shall continue in force until altered, repealed or amended by competent authority. explanation.-in this clause, "competent authority" means,in respect of president's order's, ordinances, martial law regulations, martial law orders and enactments, the appropriate legislature; and in respect of notifications, rules, orders and bye-laws, the authority in which the power to make, alter, repeal or amend the same vests under the law. no suit, prosecution or other legal proceedings shall lie in any court against any authority or any person, for or on account of or in respect of any order made, proceedings taken or act done whether in the exercise or purported exercise of the powers referred to in clause (2) or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers. for the purposes of clauses (1), (2) and (4), all orders made, proceedings taken, acts done or purporting to be made, taken or done by any authority or person shall be deemed to have been made, taken or done in good faith and for the purpose intended to be served thereby. the laws referred to in clause (1) may be amended by the appropriate legislature in the manner provided for amendment of such laws. 270aa. declaration and continuance of laws etc the proclamation of emergency of the fourteenth day of october, 1999, the provisional constitution order no. 1 of 1999, the oath of office (judges) order, 2000 (no. 1 of 2000), chief executive's order no. 12 of 2002, chief executive's order no. 19 of 2002, the amendment made in the constitution through the legal framework order, 2002 (chief executive's order no. 24 of 2002), the legal framework (amendment) order, 2002 (chief executive's order no. 29 of 2002) and the legal framework (second amendment) order, 2002 (chief executive's order no. 32 of 2002), notwithstanding any judgement of any court including the supreme court or a high court, are hereby declared as having been made without lawful authority and of no legal effect. except as provided in clause (1) and subject to the provisions of the constitution (eighteenth amendment) act, 2010, all laws including president's orders, acts, ordinances, chief executive's orders, regulations, enactments, notifications, rules, orders or bye-laws made between the twelfth day of october, one thousand nine hundred and ninety-nine and the thirty-first day of december, two thousand and three (both days inclusive) and still in force shall, continue to be in force until altered, repealed or amended by the competent authority. explanation.for the purposes of clause (2) and clause (6), "competent authority" means,in respect of presidents' orders, ordinances, chief executive's orders and all other laws, the appropriate legislature; and in respect of notification, rules, orders and bye-laws, the authority in which the power to make, alter, repeal or amend the same vests under the law. notwithstanding anything contained in the constitution or clause (1), or judgement of any court including the supreme court or high court,judges of the supreme court, high courts and federal shariat court who were holding the office of a judge or were appointed as such, and had taken oath under the oath of office (judges) order, 2000 (1 of 2000), shall be deemed to have continued to hold the office as a judge or to have been appointed as such, as the case may be, under the constitution, and such continuance or appointment, shall have effect accordingly. judges of the supreme court, high courts and federal shariat court who not having been given or taken oath under the oath of office of (judges) order, 2000 (1 of 2000), and ceased to hold the office of a judge shall, for the purposes of pensionary benefits only, be deemed to have continued to hold office under the constitution till their date of superannuation. all orders made, proceedings taken, appointments made, including secondments and deputations, and acts done by any authority, or by any person, which were made, taken or done, or purported to have been made, taken or done, between the twelfth day of october, one thousand nine hundred and ninety-nine, and the thirty first day of december, two thousand and three (both days inclusive), in exercise of the powers derived from any authority or laws mentioned in clause (2), or in execution of or in compliance with any orders made or sentences passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding anything contained in clause (1), be deemed to be valid and shall not be called in question in any court or forum on any ground whatsoever. no suit, prosecution or other legal proceedings including writ petitions, shall lie in any court or forum against any authority or any person, for or on account of or in respect of any order made, proceedings taken or act done whether in the exercise or purported exercise of the powers referred to in clause (2) or clause (4) or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers. notwithstanding omission of the concurrent legislative list by the constitution (eighteenth amendment) act, 2010, all laws with respect, to any of the matters enumerated in the said list (including ordinances, orders, rules, bye-laws, regulations and notifications and other legal instruments having the force of law) in force in pakistan or any part thereof, or having extra-territorial operation, immediately before the commencement of the constitution (eighteenth amendment) act 2010, shall continue to remain in force until altered, repealed or amended by the competent authority. notwithstanding anything contained in the constitution, all taxes and fees levied under any law in force immediately before the commencement of the constitution (eighteenth amendment) act, 2010, shall continue to be levied until they are varied or abolished by an act of the appropriate legislature. on the omission of the concurrent legislative list, the process of devolution of the matters mentioned in the said list to the provinces shall be completed by the thirtieth day of june, two thousand and eleven. for purposes of the devolution process under clause (8), the federal government shall constitute an implementation commission as it may deem fit within fifteen days of the commencement of the constitution (eighteenth amendment) act, 2010. 270b. elections to be deemed to be held under constitution notwithstanding anything contained in the constitution, the elections held under the houses of (parliament) and provincial assemblies (elections) order, 1977, and the conduct of general elections order, 2002 (chief executive's order no. 7 of 2002), to the houses and the provincial assemblies shall be deemed to have been held under the constitution and shall have effect accordingly. 270bb. general elections 2008 notwithstanding anything contained in the constitution, or any other law for the time being in force, the general elections 2008, to the national assembly and the provincial assemblies held on the eighteenth day of february, two thousand and eight shall be deemed to have been held under the constitution and shall have effect accordingly. 271. first national assembly notwithstanding anything contained in the constitution but subject to article 63, article 64 and article 223,the first national assembly shall consist ofpersons who have taken oath in the national assembly of pakistan existing immediately before the commencing day; and the persons to be elected in accordance with law by the members of the assembly to fill the seats referred to in clause (2a) of article 51, and, unless sooner dissolved, shall continue until the fourteenth day of august, one thousand nine hundred and seventy-seven; and reference to 'total membership' of national assembly in the constitution shall be construed accordingly; the qualifications and disqualifications for being elected and being a member of the first national assembly shall, except in case of members filling casual vacancies, or to be elected to the additional seats referred to in clause (2a) of article 51, after the commencing day, be the same as under the interim constitution of the islamic republic of pakistan: provided that no person holding an office of profit in the service of pakistan shall continue to be a member of the first national assembly after the expiration of three months from the commencing day. if a person referred to in paragraph (a) of clause (1) is, immediately before the commencing day, also a member of a provincial assembly, he shall not take a seat in the national assembly or the provincial assembly until he resigns one of his seats. a casual vacancy in a seat in the first national assembly, including a vacancy in a seat in the national assembly of pakistan existing before the commencing day which was not filled before that day, caused by reason of death or resignation of a member or consequent upon his incurring a disqualification or ceasing to be a member as a result of the final decision of an election petition may be filled in the same manner in which it would have been filled before the commencing day. a person referred to in paragraph (a) of clause (1) shall not sit or vote in the national assembly until he has made the oath prescribed by article 65 and, if, without the leave of the speaker of the national assembly granted on reasonable cause shown, he fails to make the oath within twenty one days from the day of the first meeting of the assembly, his seat shall become vacant at the expiration of that period. 272. first constitution of senate notwithstanding anything contained in the constitution, but subject to article 63 and article 223,the senate shall, until the first national assembly under constitution continues in existences, consist of forty-five members and the provisions of article 59 shall have effect as if, in paragraph (a) of clause (1) thereof, for the word "fourteen" the word "ten" and in paragraph (b) of that clause for the word "five" the word "three", were substituted, and reference to "total membership" of the senate in the constitution shall be construed accordingly; the members elected or chosen as members of the senate shall be divided into two groups by drawing of lots, the first group consisting of five members from each province, two members from the federally administered tribal areas and one member from the federal capital and the second group consisting of five members from each province one member from the said areas and one member from the federal capital; the term of office of members of the first group and of the second group shall respectively be two years and four years; the term of office of persons elected or chosen to succeed the members of the senate at the expiration of their respective terms shall be four years; the term of office of a person elected or chosen to fill a casual vacancy shall be the unexpired term of the member whose vacancy he is elected or chosen to fill; as soon as the first general election to the national assembly is held, there shall be elected to the senate four additional members from each province and two additional members from the federally administered tribal areas; and the term of office of such half of the members elected under paragraph (f) as may be determined by drawing of lots shall be the unexpired term of office of the members of the first group and the term of office of the other half shall be the unexpired term of the members of the second group. 273. first provincial assembly notwithstanding anything contained in the constitution, but subject to article 63, article 64 and article 223,the first assembly of a province under the constitution shall consist ofthe members of the assembly of that province in existence immediately before the commencing day, and the additional members to be elected in accordance with law by the members of the assembly to fill the seats referred to in clause (3) of article 106, and, unless sooner dissolved, shall continue until the fourteenth day of august, one thousand nine hundred and seventy-seven; and reference "total membership" of the assembly of a province in the constitution shall be construed accordingly; the qualifications and disqualifications for membership of the first assembly of a province shall, except in case of members filling casual vacancies, or to be elected to the additional seats referred to in clause (3) of article 106, after the commencing day, be the same as were provided in the interim constitution of the islamic republic of pakistan: provided that no person holding an office of profit in the service of pakistan shall continue to be a member of the assembly after the expiration of three months from the commencing day. a casual vacancy in a seat in the first assembly of a province, including a vacancy in a seat in the assembly of that province in existence immediately before the commencing day which was not filled before that day, caused by reason of death or resignation of a member or consequent upon his incurring a disqualification or ceasing to be a member as a result of the final decision of an election petition may be filled in the same manner in which it would have been filled before the commencing day. a member referred to in paragraph (a) of clause (1) shall not sit or vote in the provincial assembly until he has made the oath prescribed by article 65 read with article 127 and, if, without leave of the speaker of the provincial assembly granted on reasonable cause shown, he fails to make the oath within twenty-one days from the day of the first meeting of the provincial assembly, his seat shall become vacant at the expiration of that period. 274. vesting of property, assets, rights, liabilities and obligations all property and assets which, immediately before the commencing day, were vested in the president or the federal government shall, as from that day, vest in the federal government unless they were used for purposes which, on that day, became purposes of the government of a province, in which case they shall, as from that day, vest in the government of the province. all property and assets which, immediately before the commencing day, were vested in the government of a province, shall, as from that day, continue to be vested in the government of that province, unless they were used for purposes, which on that day, became purposes of the federal government in which case they shall, as from that day, vest in the federal government. all rights, liabilities and obligations of the federal government or of the government of a province, whether arising out of contract or otherwise, shall as from the commencing day, continue to be respectively the rights, liabilities and obligations of the federal government or of the government of the province, except that all rights, liabilities and obligations relating to any matter which, immediately before that day, was the responsibility of the federal government, but which under the constitution, has become the responsibility of the government of a province, shall devolve upon the government of that province; and all rights, liabilities and obligations relating to any matter which, immediately before that day, was the responsibility of the government of a province, but which under the constitution, has become the responsibility of the federal government, shall devolve upon the federal government. 275. continuance in office of persons in service of pakistan, etc subject to the constitution and until law is made under article 240 any person who, immediately before the commencing day, was in the service of pakistan shall, as from that day, continue in the service of pakistan on the same terms and conditions as were applicable to him under the interim constitution of the islamic republic of pakistan immediately before that day. clause (1) shall also apply in relation to a person holding office immediately before the commencing day as chief justice of pakistan or other judge of the supreme court, or chief justice or other judge of a high court; governor of a province; chief minister of a province; speaker or deputy speaker of the national assembly or a provincial assembly; chief election commissioner; attorney-general for pakistan or advocate-general for a province; and auditor-general of pakistan. notwithstanding anything contained in the constitution, for a period of six months from the commencing day, a federal minister or a minister of state or the chief minister of a province or a provincial minister may be a person who is not a member of majlis-e-shoora (parliament) or, as the case may be, the provincial assembly of that province; and such chief minister and provincial minister shall have the right to speak and otherwise take part in the proceedings of the provincial assembly or any committee thereof of which he may be named a member, but shall not by virtue of this clause be entitled to vote. any person who, under this article, is continued in an office in respect of which a form of oath is set out in the third schedule shall, as soon as is practicable after the commencing day make before the appropriate person oath in that form. subject to the constitution and lawall civil, criminal and revenue courts exercising jurisdiction and functions immediately before the commencing day shall, as from that day, continue to exercise their respective jurisdictions and functions; and all authorities and all offices (whether judicial, executive, revenue or ministerial) throughout pakistan exercising functions immediately before the commencing day shall, as from that day, continue to exercise their respective functions. 276. oath of first president notwithstanding anything contained in the constitution, the first president may, in the absence of the chief justice of pakistan, make the oath referred to in article 42 before the speaker of the national assembly. 277. transitional financial, provisions the schedule or authorized expenditure authenticated by the president for the financial year ending on the thirtieth day of june, one thousand nine hundred and seventy-four, shall continue to remain a valid authority for expenditure from the federal consolidated fund for that year. the president may, in respect of expenditure of the federal government for any financial year preceding the financial year commencing on the first day of july, one thousand nine hundred and seventy-three (being expenditure in excess of the authorized expenditure for that year), authorize the withdrawal of moneys from the federal consolidated fund. the provisions of clauses (1) and (2) shall apply to and in relation to a province, and for that purposeany reference in those provisions to the president shall be read as a reference to the governor of the province; any reference in those provisions to the federal government shall be read as a reference to the government of the province; and any reference in those provisions to the federal consolidated fund shall be read as a reference to the provincial consolidated fund of the province. 278. accounts not audited before commencing day the auditor-general shall perform the same functions and exercise the same powers in relation to accounts which have not been completed or audited before the commencing day as, by virtue of the constitution, he is empowered to perform or exercise in relation to other accounts, and article 171 shall, with the necessary modifications, apply accordingly. 279. continuance of taxes notwithstanding anything contained in the constitution, all taxes and fees levied under any law in force immediately before the commencing day shall continue to be levied until they are varied or abolished by act of the appropriate legislature. 280. continuance of proclamation of emergency the proclamation of emergency issued on the twenty-third day of november, one thousand nine hundred and seventy-one, shall be deemed to be a proclamation of emergency issued under article 232, and for the purposes of clause (7) and clause (8) thereof to have been issued on the commencing day, and any law, rule or order made or purporting to have been made in pursuance of that proclamation shall be deemed to have been validly made and shall not be called in question in any court on the ground of inconsistency with any of the rights conferred by chapter i of part ii. annex. the objectives resolution (article 2a) in the name of allah, the most beneficent, the most merciful. whereas sovereignty over the entire universe belongs to allah almighty alone and the authority which he has delegated to the state of pakistan, through its people for being exercised within the limits prescribed by him is a sacred trust; this constituent assembly representing the people of pakistan resolves to frame a constitution for the sovereign independent state of pakistan; wherein the state shall exercise its powers and authority through the chosen representatives of the people; wherein the principles of democracy, freedom, equality, tolerance and social justice as enunciated by islam shall be fully observed; wherein the muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of islam as set-out in the holy quran and the sunnah; wherein adequate provision shall be made for the minorities to freely profess and practise their religions and develop their cultures; wherein the territories now included in or in accession with pakistan and such other territories as may hereafter be included in or accede to pakistan shall form a federation wherein the units will be autonomous with such boundaries and limitations on their powers and authority as may be prescribed; wherein shall be guaranteed fundamental rights including equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality; wherein adequate provision shall be made to safeguard the legitimate interests of minorities and backward and depressed classes; wherein the independence of the judiciary shall be fully secured; wherein the integrity of the territories of the federation, its independence and all its rights including its sovereign rights on land, sea and air shall be safeguarded; so that the people of pakistan may prosper and attain their rightful and honoured place amongst the nations of the world and make their full contribution towards international peace and progress and happiness of humanity. first schedule. laws exempted from the operation of article 8 (1) and (2) [article 8(3)(b) and (4)] part 1 i. president's orders the acceding state (property) order, 1961 (p. 0. no. 12 of 1961). the economic reforms order, 1972 (p. 0. no. 1 of 1972). ii. regulations the land reforms regulation, 1972. the land reforms (baluchistan pat feeder canal) regulation, 1972. the economic reforms (protection of industries) regulation, 1972. the distribution of property (chitral) regulation, 1974 (ii of 1974). the settlement of disputes of immovable property (chitral) regulation, 1974 (iii of 1974). the dir and swat (devolution and distribution of property and settlement of disputes of immovable property) (amendment) regulation, 1975 (ii of 1975). the settlement of disputes of immovable property (chitral) (amendment) regulation, 1976 (ii of 1976). iii. federal acts the land reforms (amendment) act, 1974 (xxx of 1974). the land reforms (amendment) act, 1975 (xxxix of 1975). the flour milling control and development act, 1976 (lvii of 1976). the rice milling control and development act, 1976 (lviii of 1976). the cotton ginning control and development act, 1976 (lix of 1976). the pakistan army act, 1952 (xxxix of 1952). the anti-terrorism act, 1997 (xxvii of 1997), only to the extent of sub-clause (iv) of clause (d) of sub-section (1) of section 2 of the pakistan army act, 1952 (xxxix of 1952), added through the pakistan army (amendment) act, 2017 (xi of 2017). iv. ordinance promulgated by the president the land reforms (amendment) ordinance, 1975 (xxi of 1975), and the federal act enacted to replace the said ordinance. v. provincial acts the land reforms (baluchistan amendment) act, 1974 (baluchistan act xi of 1974). the land reforms (pat feeder canal regulation) (amendment) act, 1975 (baluchistan act vii of 1975). vi. provincial ordinance the land reforms (pat feeder canal) (amendment) ordinance, 1976. part 2 i. president's orders the minerals (acquisition and transfer) order, 1961 (p. 0. no. 8 of 1961). the companies (managing agency and election of directors) order, 1972 (p. 0. no. 2 of 1972). the co-operative societies (reforms) order, 1972 (p. 0. no. 9 of 1972). the life insurance (nationalization) order, 1972 (p. 0. no. 10 of 1972). the martial law (pending proceedings) order, 1972 (p. 0. no. 14 of 1972). the rulers of acceding states (abolition of privy purses and privileges) order, 1972 (p. 0. no. 15 of 1972). the industrial sanctions and licences (cancellation) order, 1972 (p. o. no. 16 of 1972). the criminal law amendment (special court) order, 1972 (p. 0. no. 20 of 1972). ii. regulations rawalpindi (requisition of property) regulation, 1959. the pakistan capital regulation, 1960. the scrutiny of claims (evacuee property) regulation, 1961. the income tax (correction of returns and false declaration) regulation, 1969. the improper acquisition of property regulation, 1969. the removal from service (special provisions) regulation, 1969. the living beyond ostensible means (punishment) regulation, 1969. the government agricultural land (recovery of illegal possession) regulation, 1969. the enemy property (payment of money due to enemy) regulation, 1970. the withdrawal of currency notes (high denomination) regulation, 1971. the price of evacuee property and public dues (recovery) regulation, 1971. the peshawar district and tribal areas (settlement of disputes) regulation, 1971. the convention muslim league and awami league (scrutiny of funds) regulation, 1971. the foreign exchange repatriation regulation, 1972. the foreign assets (declaration) regulation, 1972. the removal from service (review petition) regulation, 1972. the privately managed schools and colleges (taking over) regulation, 1972. the enemy property (revocation of sales) regulation, 1972. the dir and swat (devolution and distribution of property) regulation, 1972. the dir and swat (settlement of disputes of immovable property) regulation, 1972. the west pakistan industrial development corporation (revocation of sale or transfer) regulation, 1972. the national press trust (suspension of board of trustees and directors) regulation, 1972. the co-operative banks (repayment of loans) (punjab) regulation, 1972. the co-operative societies (repayment of loans) (sind) regulation, 1972. iii. ordinances promulgated by the president the control of shipping ordinance, 1959 (xiii of 1959). the jammu and kashmir (administration of property) ordinance, 1961 (iii of 1961). the muslim family laws ordinance, 1961 (viii of 1961). the security of pakistan (amendment) ordinance, 1961 (xiv of 1961). the associated press of pakistan (taking over) ordinance, 1961 (xx of 1961). the trade organisations ordinance, 1961 (xlv of 1961). iv. federal acts the censorship of films act, 1963 (xviii of 1963). v. ordinances promulgated by the governor of former province of west pakistan the west pakistan government educational and training institutions ordinance, 1960 (w.p. ordinance no. xi of 1960). the west pakistan wakf properties ordinance, 1961 (w.p. ordinance no. xxviii of 1961). the societies registration (west pakistan amendment) ordinance, 1962 (w.p. ordinance no. ix of 1962). the west pakistan industries (control on establishment and enlargement) ordinance, 1963 (w.p. ordinance no. iv of 1963). vi. ordinances promulgated by the governor of the north-west frontier province the north-west frontier province government educational and training institutions ordinance, 1971 (n.w.f.p. ordinance no. iii of 1971). the north-west frontier province chashma right bank canal project (control and prevention of speculation in land) ordinance, 1971 (n.w.f.p. ordinance no. v of 1971). the north-west frontier province gomal zam project (control and prevention of speculation in land) ordinance, 1971 (n.w.f.p. ordinance no. viii of 1971). second schedule. election of president [article 41 (3)] the election commission of pakistan shall hold and conduct election to the office of president, and chief election commissioner shall be the returning officer for such election. the election commission of pakistan shall appoint presiding officers to preside at the meeting of the members of majlis-e-shoora (parliament) and at the meetings of the members of the provincial assemblies. the chief election commissioner shall by public notification fix the time and place for depositing nomination papers, holding a scrutiny, making withdrawals, if any, and holding the poll, if necessary. at any time before noon on the day fixed for nomination any member of the majlis-e-shoora (parliament) or of a provincial assembly may nominate for election as president a person qualified for election as president by delivering to the presiding officer a nomination paper, signed by himself as proposer and by another member of the majlis-e-shoora (parliament) or, as the case may be assembly as seconder, together with a statement signed by the person nominated that he consents to the nomination: provided that no person shall subscribe, whether as proposer or as seconder, more than one nomination paper at any one election. the scrutiny shall be held by the chief election commissioner at the time and place fixed by him, and if after scrutiny only one person remains validly nominated, the chief election commissioner shall declare that person to be elected, or if more than one person remains validly nominated, he shall announce, by public notification, the names of the persons validly nominated, to be hereinafter called the candidates. a candidate may withdraw his candidature at any time before noon on the day fixed for this purpose by delivering a notice in writing under his hand to the presiding officer with whom his nomination paper has been deposited, and a candidate who has given a notice of withdrawal of his candidature under this paragraph shall not be allowed to cancel that notice. if all but one of the candidates have withdrawn, that one shall be declared by the chief election commissioner to be elected. if there is no withdrawal, or if, after withdrawals have taken place, two or more candidates are left, the chief election commissioner shall announce by public notification the names of the candidates, and their proposers and seconders, and shall proceed to hold a poll by secret ballot in accordance with the provisions of the succeeding paragraphs. if a candidate whose nomination has been found to be in order dies after the time fixed for nomination, and a report of his death is received by the presiding officer before the commencement of the poll, the presiding officer shall, upon being satisfied of the fact of the death of the candidate, countermand the poll and report the fact to the chief election commissioner, and all proceedings with reference to the election shall be commenced a new in all respects as if for a new election: provided that no further nomination shall be necessary in the case of a candidate whose nomination was valid at the time of the countermanding of the poll: provided further that no person who has under paragraph 6 of this schedule given notice of withdrawal of his candidature before the countermanding of the poll shall be ineligible for being nominated as a candidate for the election after such countermanding. the poll shall be taken at the meetings of majlis-e-shoora (parliament) and of each provincial assembly, and the respective presiding officers shall conduct the poll with the assistance of such officers as they may, with the approval of the chief election commissioner, respectively appoint. a ballot paper shall be issued to every member of majlis-e-shoora (parliament), and of each provincial assembly, who presents himself for voting at the meeting of the members of the majlis-e-shoora (parliament) or, as the case may be of the provincial assembly of which he is a member (hereinafter referred to as a person voting), and he shall exercise his vote personally by marking the paper in accordance with the provisions of the succeeding paragraphs. the poll shall be by secret ballot by means of ballot papers containing the names of all the candidates in alphabetical order who have not withdrawn, and a person voting shall vote by placing a mark against the name of the person for whom he wishes to vote. ballot papers shall be issued from a book of ballot papers with counterfoils, each counterfoil being numbered; and when a ballot paper is issued to a person voting his name shall be entered on the counterfoil, and the ballot paper shall be authenticated by the initials of the presiding officer. a ballot paper having been marked by the person voting shall be deposited by that person in a ballot box to be placed in front of the presiding officer. if a ballot paper is spoiled by a person voting he may return it to the presiding officer, who shall issue a second ballot paper, canceling the first ballot paper and marking the cancellation on the appropriate counterfoil. a ballot paper shall be invalid ifthere is upon it any name, word or mark, by which the person voting may be identified; or it does not contain the initials of the presiding officer; or it does not contain mark; or a mark is placed against the names of two or more candidates; or there is any uncertainty as to the identity of the candidate against whose name the mark is placed. after the close of the poll each presiding officer shall, in the presence of such of the candidates or their authorized representatives as may desire to be present, open and empty the ballot boxes and examine the ballot papers therein, rejecting any which are invalid, count the number of votes recorded for each candidate on the valid ballot papers, and communicate the number of the votes so recorded to the chief election commissioner. 18 the chief election commissioner shall determine the result of the election in the following manner, namely:the number of votes cast in the majlis-e-shoora (parliament) in favour of each candidate shall be counted; the number of votes cast in a provincial assembly in favour of each candidate shall be multiplied by the total number of seats in the provincial assembly for the time being having the smallest number of seats and divided by the total number of seats in the provincial assembly in which the votes have been cast; and the number of votes calculated in the manner referred to in clause (b) shall be added to the number of votes counted under clause (a). explanation.-in this paragraph, "total number of seats" includes seats reserved for non-muslims and women. a fraction shall be rounded off to the nearest whole. the candidate who has obtained the largest number of votes compiled in the manner specified in paragraph 18 shall be declared by the chief election commissioner to be elected. where at any poll any two or more candidates obtain an equal number of votes, the selection of the candidate to be elected shall be by drawing of lots. when, after any poll, the counting of the votes has been completed, and the result of the voting determined, the chief election commissioner shall forthwith announce the result to those present, and shall report the result to the federal government, who shall forthwith cause the result to be declared by a public notification. the election commission of pakistan may, by public notification, with the approval of the president, make rules for carrying out the purposes of this schedule. third schedule. oaths of office i. president [article 42] in the name of allah, the most beneficent, the most merciful. i, , do solemnly swear that i am a muslim and believe in the unity and oneness of almighty allah, the books of allah, the holy quran being the last of them, the prophethood of muhammad (peace be upon him) as the last of the prophets and that there can be no prophet after him, the day of judgement, and all the requirements and teachings of the holy quran and sunnah. that i will bear true faith and allegiance to pakistan: that, as president of pakistan, i will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the constitution of the islamic republic of pakistan and the law, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of pakistan; that i will strive to preserve the islamic ideology which is the basis for the creation of pakistan: that i will not allow my personal interest to influence my official conduct or my official decisions: that i will preserve, protect and defend the constitution of the islamic republic of pakistan: that, in all circumstances, i will do right to all manner of people, according to law, without fear or favour, affection or ill-will: and that i will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as president of pakistan, except as may be required for the due discharge of my duties as president. may allah almighty help and guide me (a'meen). ii. prime minister [article 91 (5)] in the name of allah, the most beneficent, the most merciful. i, , do solemnly swear that i am a muslim and believe in the unity and oneness of almighty allah, the books of allah, the holy quran being the last of them, the prophethood of muhammad (peace be upon him) as the last of the prophets and that there can be no prophet after him, the day of judgement, and all the requirements and teachings of the holy quran and sunnah. that i will bear true faith and allegiance to pakistan: that, as prime minister of pakistan, i will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the constitution of the islamic republic of pakistan and the law, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of pakistan: that i will strive to preserve the islamic ideology which is the basis for the creation of pakistan: that i will not allow my personal interest to influence my official conduct or my official decisions: that i will preserve, protect and defend the constitution of the islamic republic of pakistan: that, in all circumstances, i will do right to all manner of people, according to law, without fear or favour, affection or ill-will: and that i will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as prime minister, except as may be required for the due discharge of my duties as prime minister. may allah almighty help and guide me (a'meen). iii. federal minister or minister of state [article 92 (2)] in the name of allah, the most beneficent, the most merciful. i, , do solemnly swear that i will bear true faith and allegiance to pakistan: that, as federal minister (or minister of state); i will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the constitution of the islamic republic of pakistan and the law, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of pakistan: that i will strive to preserve the islamic ideology which is the basis for the creation of pakistan: that i will not allow my personal interest to influence my official conduct or my official decisions: that i will preserve, protect and defend the constitution of the islamic republic of pakistan: that, in all circumstances, i will do right to all manner of people, according to law, without fear or favour, affection or ill-will: and that i will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as federal minister (or minister of state), except as may be required for the due discharge of my duties as federal minister (or minister of state), or as may be specially permitted by the prime minister. may allah almighty help and guide me (a'meen). iv. speaker of national assembly or chairman of senate [articles 53(2) and 61] in the name of allah, the most beneficent, the most merciful i, , do solemnly swear that i will bear true faith and allegiance to pakistan: that, as speaker of the national assembly (or chairman of the senate) and whenever i am called upon to act as president of pakistan, i will discharge my duties, and perform my functions honestly, to the best of my ability, faithfully, in accordance with the constitution of the islamic republic of pakistan the law and as speaker of the national assembly in accordance with the rules of the assembly (or as chairman of the senate in accordance with the rules of the senate), and always in the interest of the sovereignty, integrity, well-being and prosperity of pakistan: that i will strive to preserve the islamic ideology which is the basis for the creation of pakistan: that i will not allow my personal interest to influence my official conduct or my official decisions: that i will preserve, protect and defend the constitution of the islamic republic of pakistan: and that, in all circumstances, i will do right to all manner of people, according to law, without fear or favour, affection or ill-will. may allah almighty help and guide me (a'meen). v. deputy speaker of national assembly or deputy chairman of senate [articles 53 (2) and 61] in the name of allah, the most beneficent, the most merciful. i, , do solemnly swear that i will bear true faith and allegiance to pakistan: that, whenever i am called upon to act as speaker of the national assembly (or chairman of the senate), i will discharge my duties, and perform my functions honestly, to the best of my ability, faithfully, in accordance with the constitution of the islamic republic of pakistan, the law and the rules of the assembly (or senate), and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of pakistan: that i will strive to preserve the islamic ideology which is the basis for the creation of pakistan: that i will not allow my personal interest to influence my official conduct or my official decisions: that i will preserve, protect and defend the constitution of the islamic republic of pakistan: and that, in all circumstances, i will do right to all manner of people, according to law, without fear or favour, affection or ill-will. may allah almighty help and guide me (a'meen). vi. member of national assembly or member of senate [article 65] in the name of allah, the most beneficent, the most merciful. i, , do solemnly swear that i will bear true faith and allegiance to pakistan: that, as a member of the national assembly (or senate), i will perform my functions honestly, to the best of my ability, faithfully, in accordance with the constitution of the islamic republic of pakistan, and the law, and the rules of the assembly (or senate), and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of pakistan: that i will strive to preserve the islamic ideology which is the basis for the creation of pakistan. and that i will preserve, protect and defend the constitution of the islamic republic of pakistan. may allah almighty help and guide me (a'meen). vii. governor of province [article 102] in the name of allah, the most beneficent, the most merciful. i, , do solemnly swear that i will bear true faith and allegiance to pakistan: that, as the governor of the province of , i will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully, in accordance with the constitution of the islamic republic of pakistan, and the law and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of pakistan: that i will strive to preserve the islamic ideology which is the basis for the creation of pakistan: that i will not allow my personal interest to influence my official conduct or my official decisions: that i will preserve, protect and defend the constitution of the islamic republic of pakistan: that, in all circumstances, i will do right to all manner of people, according to law, without fear or favour, affection or ill-will: and that i will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as governor of the province of ..... except as may be required for the due discharge of my duties as governor. may allah almighty help and guide me (a'meen). viii. chief minister or provincial minister [articles 130 (5) and 132 (2)] in the name of allah, the most beneficent, the most merciful. i, , do solemnly swear that i will bear true faith and allegiance to pakistan: that, as a chief minister (or minister) of the government of the province of ..... , i will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully, in accordance with the constitution of the islamic republic of pakistan, and the law and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of pakistan: that i will strive to preserve the islamic ideology which is the basis for the creation of pakistan: that i will not allow my personal interest to influence my official conduct or my official decisions: that i will preserve, protect and defend the constitution of the islamic republic of pakistan: that, in all circumstances, i will do right to all manner of people, according to law, without fear or favour, affection or ill-will: and that i will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as chief minister (or minister) except as may be required for the due discharge of my duties as chief minister (or minister or as may be specially permitted by the chief minister). may allah almighty help and guide me (a'meen). ix. speaker of a provincial assembly [articles 53(2) and 127] in the name of allah, the most beneficent, the most merciful. i, , do solemnly swear that i will bear true faith and allegiance to pakistan: that, as speaker of the provincial assembly of the province of ..... and whenever i am called upon to act as governor, i will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully, in accordance with the constitution of the islamic republic of pakistan, the law and the rules of the assembly, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of pakistan: that i will strive to preserve the islamic ideology which is the basis for the creation of pakistan: that i will not allow my personal interest to influence my official conduct or my official decisions: that i will preserve, protect and defend the constitution of the islamic republic of pakistan: and that, in all circumstances, i will do right to all manner of people, according to law, without fear or favour, affection or ill-will. may allah almighty help and guide me (a'meen). x. deputy speaker of a provincial assembly [articles 53 (2) and 127] in the name of allah, the most beneficent, the most merciful. i, do solemnly swear that i will bear true faith and allegiance to pakistan: that, whenever i am called upon to act as speaker of the provincial assembly of the province of ..... , i will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully, in accordance with the constitution of the islamic republic of pakistan, the law and the rules of the assembly, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of pakistan: that i will strive to preserve the islamic ideology which is the basis for the creation of pakistan: that i will not allow my personal interest to influence my official conduct or my official decisions: that i will preserve, protect and defend the constitution of the islamic republic of pakistan: and that, in all circumstances, i will do right to all manner of people, according to law, without fear or favour, affection or ill-will. may allah almighty help and guide me (a'meen). xi. member of a provincial assembly [articles 65 and 127] in the name of allah, the most beneficent, the most merciful. i, , do solemnly swear that i will bear true faith and allegiance to pakistan: that, as a member of the provincial assembly of ..... i will perform my functions, honestly, to the best of my ability, faithfully, in accordance with the constitution of the islamic republic of pakistan, the law and the rules of the assembly, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of pakistan: that i will strive to preserve the islamic ideology which is the basis for the creation of pakistan: and that i will preserve, protect and defend the constitution of the islamic republic of pakistan: may allah almighty help and guide me (a'meen). xii. auditor-general of pakistan [article 168 (2)] in the name of allah, the most beneficent, the most merciful. i, , do solemnly swear that i will bear true faith and allegiance to pakistan: that, as auditor-general of pakistan, i will discharge my duties, and perform my functions, honestly, faithfully, in accordance with the constitution of the islamic republic of pakistan, and the law and to the best of my knowledge, ability and judgement, without fear or favour, affection or ill-will, and that i will not allow my personal interest to influence my official conduct or my official decisions. may allah almighty help and guide me (a'meen). xiii. chief justice of pakistan or of a high court or judge of the supreme court or a high court [articles 178 and 194] in the name of allah, the most beneficent, the most merciful. i, , do solemnly swear that i will bear true faith and allegiance to pakistan: that, as chief justice of pakistan (or a judge of the supreme court of pakistan or chief justice or a judge of the high court for the province or provinces of .................................. ), i will discharge my duties, and perform my functions, honestly, to the best of my ability, and faithfully, in accordance with the constitution of the islamic republic of pakistan and the law: that i will abide by the code of conduct issued by the supreme judicial council: that i will not allow my personal interest to influence my official conduct or my official decisions: that i will preserve, protect and defend the constitution of the islamic republic of pakistan: and that, in all circumstances, i will do right to all manner of people, according to law, without fear or favour, affection or ill-will. may allah almighty help and guide me (a'meen). xiv. chief justice or judge of the federal shariat court [article 203c (7)] in the name of allah, the most beneficent, the most merciful. i, , do solemnly swear that i will bear true faith and allegiance to pakistan: that, as the chief justice of the federal shariat court (or a judge of the federal shariat court), i will discharge my duties, and perform my functions, honestly, to the best of my ability, and faithfully, in accordance with the constitution of the islamic republic of pakistan and the law: that i will not allow my personal interest to influence my official conduct or my official decisions: that i will abide by the code of conduct issued by the supreme judicial council: that i will preserve, protect and defend the constitution of the islamic republic of pakistan: and that, in all circumstances, i will do right to all manner of people, according to law, without fear or favour, affection or ill-will. may allah almighty help and guide me (a'meen). xv. chief election commissioner or a member of the election commission of pakistan [article 214] in the name of allah, the most beneficent, the most merciful. i, , do solemnly swear that as chief election commissioner or, as the case may be, member of the election commission of pakistan i will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully, in accordance with the constitution of the islamic republic of pakistan and the law, and without fear or favour, affection or ill-will, and that i will not allow my personal interest to influence my official conduct or my official decisions. may allah almighty help and guide me (a'meen). xvi. members of the armed forces [article 244] in the name of allah, the most beneficent, the most merciful. i, , do solemnly swear that i will bear true faith and allegiance to pakistan and uphold the constitution of the islamic republic of pakistan which embodies the will of the people, that i will not engage myself in any political activities whatsoever and that i will honestly and faithfully serve pakistan in the pakistan army (or navy or air force) as required by and under the law. may allah almighty help and guide me (a'meen). fourth schedule. legislative lists federal legislative list [article 70 (4)] part 1 the defence of the federation or any part thereof in peace or war; the military, naval and air forces of the federation and any other armed forces raised or maintained by the federation; any armed forces which are not forces of the federation but are attached to or operating with any of the armed forces of the federation including civil armed forces; federal intelligence bureau; preventive detention for reasons of state connected with defence, external affairs, or the security of pakistan or any part thereof; persons subjected to such detention; industries declared by federal law to be necessary for the purpose of defence or for the prosecution of war. military, naval and air force works; local self-government in cantonment areas, the constitution and powers within such areas of cantonment authorities, the regulation of house accommodation in such areas, and the delimitation of such areas. external affairs; the implementing of treaties and agreements, including educational and cultural pacts and agreements, with other countries; extradition, including the surrender of criminals and accused persons to governments outside pakistan. nationality, citizenship and naturalisation. migration from or into, or settlement in, a province or the federal capital. admission into, and emigration and expulsion from, pakistan, including in relation thereto the regulation of the movements in pakistan of persons not domiciled in pakistan, pilgrimages to places beyond pakistan. posts and telegraphs, including telephones, wireless, broadcasting and other like forms of communications; post office saving bank. currency, coinage and legal tender. foreign exchange; cheques, bills of exchange, promissory notes and other like instruments. public debt of the federation, including the borrowing of money on the security of the federal consolidated fund; foreign loans and foreign aid. federal public services and federal public service commission. federal pensions, that is to say, pensions payable by the federation or out of the federal consolidated fund. federal ombudsman. administrative courts and tribunals for federal subjects. libraries, museums, and similar institutions controlled or financed by the federation. federal agencies and institutes for the following purposes, that is to say, for research, for professional or technical training, or for the promotion of special studies. education as respects pakistani students in foreign countries and foreign students in pakistan. nuclear energy, includingmineral resources necessary for the generation of nuclear energy; the production of nuclear fuels and the generation and use of nuclear energy; ionizing radiations; and boilers. port quarantine, seamen's and marine hospitals and hospitals connected with port quarantine. maritime shipping and navigation, including shipping and navigation on tidal waters; admiralty jurisdiction. [omitted] aircraft and air navigation; the provision of aerodromes; regulation and organisation of air traffic and of aerodromes. lighthouses, including lightships, beacons and other provisions for the safety of shipping and aircraft. carriage of passengers and goods by sea or by air. copyright, inventions, designs, trade-marks and merchandise marks. opium so far as regards sale for export. import and export across customs frontiers as defined by the federal government, inter-provincial trade and commerce, trade and commerce with foreign countries; standard of quality of goods to be exported out of pakistan. state bank of pakistan; banking, that is to say, the conduct of banking business by corporations other than corporations owned or controlled by a province and carrying on business only within that province. the law of insurance, except as respects insurance undertaken by a province, and the regulation of the conduct of insurance business, except as respects business undertaken by a province; government insurance, except so far as undertaken by a province by virtue of any matter within the legislative competence of the provincial assembly. stock exchanges and futures markets with objects and business not confined to one province. corporations, that is to say, the incorporation, regulation and winding-up of trading corporations, including banking, insurance and financial corporations, but not including corporations owned or controlled by a province and carrying on business only within that province, or cooperative societies, and of corporations, whether trading or not, with objects not confined to a province, but not including universities. international treaties, conventions and agreements and international arbitration. [omitted] national highways and strategic roads. federal surveys including geological surveys and federal meteorological organisations. fishing and fisheries beyond territorial waters. works, lands and buildings vested in, or in the possession of government for the purposes of the federation (not being military, naval or air force works), but, as regards property situate in a province, subject always to provincial legislation, save in so far as federal law otherwise provides. [omitted] establishment of standards of weights and measures. [omitted] elections to the office of president, to the national assembly, the senate and the provincial assemblies; chief election commissioner and election commissions. the salaries, allowances and privileges of the president, speaker and deputy speaker of the national assembly, chairman and deputy chairman of the senate, prime minister, federal ministers, ministers of state, the salaries, allowances and privileges of the members of the senate and the national assembly; and the punishment of persons who refuse to give evidence or produce documents before committees thereof. duties of customs, including export duties. duties of excise, including duties on salt, but not including duties on alcoholic liquors, opium and other narcotics. [omitted] [omitted] taxes on income other than agricultural income. taxes on corporations. taxes on the sales and purchases of goods imported, exported, produced, manufactured or consumed, except sales tax on services. taxes on the capital value of the assets, not including taxes on immovable property. taxes on mineral oil, natural gas and minerals for use in generation of nuclear energy. taxes and duties on the production capacity of any plant, machinery, undertaking, establishment or installation in lieu of the taxes and duties specified in entries 44, 47, 48 and 49 or in lieu of any one or more of them. terminal taxes on goods, or passengers carried by railway, sea or air; taxes on their fares and freights. fees in respect of any of the matters in this part, but not including fees taken in any court. jurisdiction and powers of all courts, except the supreme court, with respect to any of the matters in this list and, to such extent as is expressly authorised by or under the constitution, the enlargement of the jurisdiction of the supreme court, and the conferring thereon of supplemental powers. offences against laws with respect to any of the matters in this part. inquiries and statistics for the purposes of any of the matters in this part. matters which under the constitution are within the legislative competence of majlis-e-shoora (parliament) or relate to the federation. matters incidental or ancillary to any matter enumerated in this part. part 2 railways. mineral oil and natural gas; liquids and substances declared by federal law to be dangerously inflammable. development of industries, where development under federal control is declared by federal law to be expedient in the public interest; institutions, establishments, bodies and corporations administered or managed by the federal government immediately before the commencing day, including the pakistan water and power development authority and the pakistan industrial development corporation; all undertakings, projects and schemes of such institutions, establishments, bodies and corporations, industries, projects and undertakings owned wholly or partially by the federation or by a corporation set up by the federation. electricity. major ports, that is to say, the declaration and delimitation of such ports, and the constitution and powers of port authorities therein. all regulatory authorities established under a federal law. national planning and national economic coordination including planning and coordination of scientific and technological research. supervision and management of public debt. census. extension of the powers and jurisdiction of members of a police force belonging to any province to any area in another province, but not so as to enable the police of one province to exercise powers and jurisdiction in another province without the consent of the government of that province; extension of the powers and jurisdiction of members of a police force belonging to any province to railway areas outside that province. legal, medical and other professions. standards in institutions for higher education and research, scientific and technical institutions. inter-provincial matters and co-ordination. council of common interests. fees in respect of any of the matters in this part but not including fees taken in any court. offences against laws with respect to any of the matters in this part. inquiries and statistics for the purposes of any of the matters in this part. matters incidental or ancillary to any matter enumerated in this part. fifth schedule. remuneration and terms and conditions of service of judges [article 205] i. the supreme court there shall be paid to the chief justice of pakistan a salary of rs. 9,900 per mensem, and to every other judge of the supreme court a salary of rs. 9,500 per mensem, or such higher salary as the president may, from time to time, determine. every judge of the supreme court shall be entitled to such privileges and allowances, and to such rights in respect of leave of absence and pension, as may be determined by the president, and until so determined, to the privileges, allowances and rights to which, immediately before the commencing day, the judges of the supreme court of pakistan were entitled. the pension payable to a retired judge of the supreme court per mensem shall not be less or more than the amount specified in the table below, depending on the length of his service as judge in that court or a high court: provided that the president may, from time to time, raise the minimum or maximum amount of pension so specified: judge: chief justice, minimum amount: rs. 7,000, maximum amount: rs. 8,000 judge: other judge, minimum amount: rs. 6,250, maximum amount: rs. 7,125 the widow of a judge of the supreme court shall be entitled to a pension at the following rates, namely:if the judge dies after retirement 50 per cent of the net pension payable to him; or if the judge dies after having rendered not less than three years' service as judge and while still serving as such 50 per cent of the pension admissible to him at the minimum rate. the pension shall be payable to the widow for life or, if she remarries, until her marriage. if the widow dies, the pension shall be payableto the sons of the judge who are less than twenty-one years of age, until they attain that age; and to the unmarried daughters of the judge who are. less than twenty-one years of age, until they attain that age or are married, whichever first occurs. ii. the high court there shall be paid to the chief justice of a high court a salary of rs. 9,400 per mensem, and to every other judge of a high court a salary of rs. 8,400 per mensem, or such higher salary as the president may, from time to time, determine. every judge of a high court shall be entitled to such privileges and allowances, and to such rights in respect of leave of absence and pension, as may be determined by the president, and until so determined, to the privileges, allowances and rights to which, immediately before the commencing day, the judges of the high court were entitled. the pension payable per mensem to a judge of a high court who retires after having put in not less than five years service as such judge shall not be less or more than the amount specified in the table below, depending on the length of his service as judge and total service, if any, in the service of pakistan: provided that the president may, from time to time, raise the minimum or maximum amount of pension so specified: judge: chief justice, minimum amount: rs. 5,640, maximum amount: rs. 7,050 judge: other judge, minimum amount: rs. 5,040, maximum amount: rs. 6,300 the widow of a judge of the high court shall be entitled to a pension at the following rates, namely:if the judge dies after retirement 50 per cent of the net pension payable to him; if the judge dies after having rendered not less than five years' service as judge and while still serving as such 50 per cent of the pension admissible to him at the minimum rate. the pension shall be payable to the widow for life or, if she remarries, until her marriage. if the widow dies, the pension shall be payable to the sons of the judge who are less than twenty-one years of age, until they attain that age; and to the unmarried daughters of the judge who are less than twenty-one years of age, until they attain that age or are married, whichever first occurs. preamble in the name of allah, the merciful, the compassionate believing in the revolution of 17th of february, 2011 (14th rabi’ el-awal, 1432 hijri), lead by the libyan people in the different regions of the country, and being faithful to the martyrs of this blessed revolution who sacrificed their lives to obtain freedom, live in dignity in the territory of their country and recover their rights derided by kadhafi and his fallen regime; based on the legitimacy of this revolution, and in response to the desire of the libyan people and their aspirations for achieving democracy and promoting the principles of political pluralism and statehood based on institutions, and aspiring to a society enjoying stability, tranquility and justice which develop through science and culture, achieves prosperity and sanitary well-being and works on educating the future generations in the spirit of islam and love of the good and of the country; with the objective of establishing a society of citizenship, justice, equality, progress, development and prosperity in which there is no place for despotism, repression, tyranny, exploitation and individual power, the national transitional council has decided to promulgate this constitutional declaration as a basis for the exercise of power in the transitional period until the adoption of a permanent constitution by general popular referendum. chapter one. general provisions article 1 libya shall be an independent democratic state in which the people shall be the source of all powers. its capital shall be tripoli, islam shall be its religion and islamic shari’a shall be the main source of legislation. the state shall guarantee for non-muslims the freedom to practice their religious rituals. arabic shall be the official language, while the linguistic and cultural rights of the amazigh, the tabous, the touareg and the other components of the libyan society shall be guaranteed. article 2 the emblem of the state and its national anthem shall be determined by statute. article 3 the national flag shall have the following shape and dimensions: its length shall be twice its width; it shall be divided into three parallel colored stripes with the uppermost being red, the centre black and the lowest green. the black stripe shall be equal in size to the two other stripes and shall bear in its centre a white crescent, between the two ends of which there shall be a fivepointed white star. article 4 the state shall endeavor to establish a political democratic system based on political pluralism and a [multi-] party system, with the aim of realizing the peaceful democratic alternation in power. article 5 family shall be the basis of society and shall be protected by the state. the state shall protect and encourage marriage. the state shall guarantee the protection of motherhood, childhood and old age and look after children, young people and persons with special needs. article 6 libyans shall be equal before the law, enjoy equal civil and political rights with, have the same opportunities in all areas and be subject to the same public duties and obligations, without distinction on the grounds of religion, belief, language, wealth, gender, kinship, political opinions, social status, or tribal, regional or familial adherence. chapter two. fundamental rights and freedoms article 7 the state shall safeguard human rights and fundamental freedoms, endeavor to join the regional and international declarations and covenants which protect these rights and freedoms and strive for the promulgation of new covenants which recognize the dignity of man as allah’s representative on earth. article 8 the state shall ensure equal opportunity and strive to guarantee a proper standard of living, the right to work, education medical care and social security to every citizen. the state shall guarantee individual and private property. it shall guarantee the just distribution of national wealth among citizens and among the different cities and regions of the state. article 9 every citizen shall have the duty to defend the homeland, preserve its national unity, ensure respect for the civil constitutional democratic system, and adhere to civil values and combat the regional, factional and tribal tendencies. article 10 the state shall guarantee the right of asylum in accordance with an act of parliament. the extradition of political refugees shall be prohibited. article 11 private homes and properties shall be inviolable. they shall not be entered or searched except in cases prescribed by the law and according to the manner indicated therein. the preservation of the public and private goods shall be a duty for every citizen. article 12 private life for citizens shall be inviolable and shall be protected by statute. the state shall not intrude into it without a judicial warrant in accordance with the statute. article 13 correspondence, telephonic conversations and other forms of communications shall be inviolable and confidential. they shall be guaranteed and shall not be confiscated, examined or censored except by judicial warrant for a determined period and in accordance with the statutory provisions. article 14 the state shall guarantee freedom of opinion, individual and collective expression, research, communication, press, media, printing and editing, movement, assembly, demonstration and peaceful sit-in in accordance with the statute. article 15 the state shall ensure freedom of establishing political parties, associations and other civil society organizations, and shall adopt a statute for their regulation. secret or armed associations or societies in conflict with public order or public morals or threatening in other ways the state or the integrity of the national territory shall be prohibited. article 16 private property shall be safeguarded. no owner may be prevented from disposing of his property except within the limits of the law. chapter three. system of government during the transitional period article 17 the national transitional council shall be the highest authority of the libyan state and assume the supreme functions of sovereignty, including legislation and determination of general policy of the state. it shall be the sole legitimate representative of the libyan people which draws its legitimacy from the revolution of february 17th. it shall be the guarantor of national unity, the security of the national territory, the definition of values and morals and their dissemination, the safety of the citizens and residents, the ratification of international treaties and the establishment of the basis of the civil constitutional and democratic state. article 18 the national transitional council shall consist of representatives of the local councils. in determining the number of representatives of each council the population density and the geographic context of the represented city or region shall be taken into account. the council shall have the right to add ten (10) members for reasons of national interest. the members shall be proposed and chosen by the council. the national transitional council shall elect its president as well as the first and second vicepresident. if one of these posts becomes vacant, the council shall provide for the replacement. the election shall take place in all these cases by a relative majority of the members present. in case of a tied vote, the successful candidate shall be designated by the president. article 19 the president of the national transitional council shall take the oath before the council. the members of the national transitional council shall take the following oath before the president: “i swear by almighty god to carry out my duty with honesty and loyalty, to remain faithful to the objectives of the revolution of february 17th, to respect the constitutional declaration and the rules of procedure of the council. i shall fully observe the interests of the libyan people and protect the independence of libya, its security and territorial integrity. article 20 the national transitional council shall operate on the basis of rules of procedure regulating its work method and the modalities for the exercise of its functions. article 21 it shall be prohibited to combine the membership in the national transitional council with other public offices, or to combine membership in the national transitional council with membership in a local council. a member of the council may not be appointed to the board of a company or take part in any undertakings of the government or of one of the public institutions. during the term of membership the member, his spouse or children shall not proceed to buy or rent any property belonging to the state, or to lend or sell any of their property to the state, or to exchange goods with the state, or to conclude contracts with the state as an interested party, entrepreneur or importer. article 22 a member of the national council may forfeit his membership only if he lacks a requirement for membership or violates the obligations resulting from his membership. the decision on forfeiture shall be taken by the national transitional council by a majority of two-thirds of its members. the membership shall terminate in the event of death or resignation accepted by the national transitional council, in the event of loss of eligibility or of incapacity to perform the duties of office. in the event of forfeiture or termination of membership, the competent local council shall provide for the replacement of the member whose membership was forfeited or terminated. article 23 tripoli shall be the seat of the national transitional council. the council may have a provisional seat in benghazi. it may, upon the request of the majority of its members, hold its meetings in another place. article 24 the national transitional council shall appoint an executive board or interim government composed of a president and a sufficient number of members for the management of the different sectors of the country. the national transitional council shall have the right to dismiss the president of the executive board or the interim government or any of its members by a decision taken by a majority of two thirds of the council’s members. the president of the executive board or interim government and its members shall be collectively responsible before the national transitional council for implementing the general policy of the state as designed by the national transitional council. every member shall be responsible before the executive board or interim government for the activities of the sector over which he presides. article 25 before assuming their office, the president and the members of the executive board or interim government shall take the oath in the terms prescribed in article (19) before the national transitional council. article 26 the executive board or interim government shall proceed with the implementation of the general policy of the state, as designed by the national transitional council. it shall adopt the implementing regulations for the statutes which have been adopted. the executive board or interim government shall submit draft legislation to the national transitional council for review and appropriate further action. article 27 the general budget of the state shall be determined by statute. article 28 the national transitional council shall establish an audit unit. the latter shall assume the task to audit the total revenue and expenditure and all movable and immovable assets belonging to the state. it shall ensure the appropriate use of funds and their preservation. it shall submit a periodic report on the situation to the national transitional council and the executive board or interim government. article 29 the national transitional council shall appoint diplomatic representatives of the state abroad, upon proposal of the foreign affairs department. it shall have the power to remove them from office and accept their resignation. it shall also have the power to accept the credentials of the heads of foreign diplomatic missions. the council may delegate to its president the power to accept the credentials of the heads of foreign diplomatic missions. article 30 the formation of the national transitional council shall be completed according to article (18) of the declaration, and it shall remain the highest authority in the libyan state and responsible for administering the country until the election of the general national congress. following the declaration of liberation the national transitional council shall move to its headquarters in tripoli, and shall form an interim government within thirty days, and within ninety days of the declaration of liberation the council shall: pass a special law for the election of the general national congress. appoint the high elections commission. declare elections for the general national congress. the general national congress shall be elected within two hundred and forty days of the declaration of liberation. the general national congress shall consist of two hundred members elected from all the libyan people, according to the special election law of the general national congress. the national transitional council shall be dissolved at the first session of the congress and all its responsibilities shall be transferred to the general national congress. the oldest member of the congress shall chair this session, and the youngest member shall act as secretary. during this session the president of the general national congress shall be elected with two deputies through direct secret ballot. the transitional government shall continue in its role as caretaker until the formation of an interim government. in all cases the decisions of the general national congress shall pass with the approval of two thirds of the congress. the general national congress shall perform the following within thirty days of its first session: appoint a prime minister, who in turn will recommend the names of the members of government, who must receive the approval of the general national congress prior to their appointment as an interim government. the general national congress shall also appoint all the heads of the sovereign posts. the election of a constituent assembly through free, direct elections, excluding its members, for drafting a permanent constitution for the country that shall be named the constituent assembly and which shall consist of sixty members in reference to the committee of sixty that was formed to prepare the constitution of independence of libya in 1951. the general national congress shall determine the electoral criteria and regulations that shall ensure the representation of all constituents of libyan society with special cultural or linguistic characteristics. in all cases the decisions of the constituent assembly for drafting the constitution shall be made by a two thirds plus one majority. the constituent assembly shall complete the draft constitution and its adoption in a period of time not exceeding one hundred and twenty days from its first session. the draft constitution shall be put to referendum (yes or no) within thirty days of its adoption. if the libyan people approve the draft by a majority of two thirds of the voters the constituent assembly shall approve it as the country's constitution and it shall be referred to the general national congress for promulgation. if it is not approved the constituent assembly shall redraft it and put it to referendum within thirty days of the announcement of the results of the first referendum. the general national congress shall promulgate the general election law according to the constitution within thirty days. general elections shall take place within one hundred and eighty days of the promulgation of laws regulating the elections. the general national congress and the interim government shall supervise the provision of all necessities of running democratic and transparent elections. the high national elections commission (which shall be reformed by the general national congress) shall conduct the elections under the supervision of the national judiciary and under the observation of the united nations and international and regional organizations. the high national elections commission shall ratify the election results and announce them, and the legislature shall be called into session in a period of time not exceeding thirty days from the date of the ratification by the general national congress. in its first session the general national congress shall be dissolved and the legislature shall take on its responsibilities. chapter four. judicial guarantees article 31 no offence may be established or penalty inflicted unless based on a law. the accused shall be presumed to be innocent until his guilt is established in a fair trial in which he shall have the necessary guarantees to defend himself. every citizen shall have the right to have recourse to the courts in accordance with the statute. article 32 the judicial power shall be independent. it shall be exercised by the different courts. it shall issue judgments in accordance with the law. the judges shall be independent and shall be subject to no other authority except the law and their conscience. the establishment of exceptional courts shall be prohibited. article 33 the right to a judgment shall be inviolable and guaranteed to all. every citizen shall have the right to resort to his natural judge. the state shall ensure the proximity of the courts to the parties and the quick determination of lawsuits. legal decisions exempting any administrative decision from review by the courts shall be prohibited. chapter five. final provisions article 34 documents and laws of a constitutional character which were in force before this declaration shall be repealed. article 35 all provisions established in the existing legislation shall remain in force insofar as they are not inconsistent with the provisions of this declaration until they are amended or repealed. any reference in these laws to the so-called “people’s congresses” or “general people’s congress” shall be understood as reference to the national transitional council or the general national congress. any reference to the so-called “general people’s committee” or “people’s committees” shall be understood as reference to the executive board and the members of the executive board or to the interim government and the members of the interim government, each within the limit of its jurisdiction. every reference to the “socialist people’s libyan arab jamahiriya” shall be considered as a reference to libya. article 36 any provision figuring in this document shall not be repealed or amended except by another provision adopted by the national transitional council with a majority of two thirds of its members. article 37 this declaration shall be published in the different media. it shall be in force as of the date of its publication. preamble in the name of the most holy trinity, from whom is all authority and to whom, as our final end, all actions both of men and states must be referred, we, the people of éire, humbly acknowledging all our obligations to our divine lord, jesus christ, who sustained our fathers through centuries of trial, gratefully remembering their heroic and unremitting struggle to regain the rightful independence of our nation, and seeking to promote the common good, with due observance of prudence, justice and charity, so that the dignity and freedom of the individual may be assured, true social order attained, the unity of our country restored, and concord established with other nations, do hereby adopt, enact, and give to ourselves this constitution. the nation article 1 the irish nation hereby affirms its inalienable, indefeasible, and sovereign right to choose its own form of government, to determine its relations with other nations, and to develop its life, political, economic and cultural, in accordance with its own genius and traditions. article 2 it is the entitlement and birthright of every person born in the island of ireland, which includes its islands and seas, to be part of the irish nation. that is also the entitlement of all persons otherwise qualified in accordance with law to be citizens of ireland. furthermore, the irish nation cherishes its special affinity with people of irish ancestry living abroad who share its cultural identity and heritage. article 3 it is the firm will of the irish nation, in harmony and friendship, to unite all the people who share the territory of the island of ireland, in all the diversity of their identities and traditions, recognising that a united ireland shall be brought about only by peaceful means with the consent of a majority of the people, democratically expressed, in both jurisdictions in the island. until then, the laws enacted by the parliament established by this constitution shall have the like area and extent of application as the laws enacted by the parliament that existed immediately before the coming into operation of this constitution. institutions with executive powers and functions that are shared between those jurisdictions may be established by their respective responsible authorities for stated purposes and may exercise powers and functions in respect of all or any part of the island. the state article 4 the name of the state is éire, or, in the english language, ireland. article 5 ireland is a sovereign, independent, democratic state. article 6 all powers of government, legislative, executive and judicial, derive, under god, from the people, whose right it is to designate the rulers of the state and, in final appeal, to decide all questions of national policy, according to the requirements of the common good. these powers of government are exercisable only by or on the authority of the organs of state established by this constitution. article 7 the national flag is the tricolour of green, white and orange. article 8 the irish language as the national language is the first official language. the english language is recognised as a second official language. provision may, however, be made by law for the exclusive use of either of the said languages for any one or more official purposes, either throughout the state or in any part thereof. article 9 1 on the coming into operation of this constitution any person who was a citizen of saorstát éireann immediately before the coming into operation of this constitution shall become and be a citizen of ireland. the future acquisition and loss of irish nationality and citizenship shall be determined in accordance with law. no person may be excluded from irish nationality and citizenship by reason of the sex of such person. 2 notwithstanding any other provision of this constitution, a person born in the island of ireland, which includes its islands and seas, who does not have, at the time of the birth of that person, at least one parent who is an irish citizen or entitled to be an irish citizen is not entitled to irish citizenship or nationality, unless provided for by law. this section shall not apply to persons born before the date of the enactment of this section, fidelity to the nation and loyalty to the state are fundamental political duties of all citizens. article 10 all natural resources, including the air and all forms of potential energy, within the jurisdiction of the parliament and government established by this constitution and all royalties and franchises within that jurisdiction belong to the state subject to all estates and interests therein for the time being lawfully vested in any person or body. all land and all mines, minerals and waters which belonged to saorstát éireann immediately before the coming into operation of this constitution belong to the state to the same extent as they then belonged to saorstát éireann. provision may be made by law for the management of the property which belongs to the state by virtue of this article and for the control of the alienation, whether temporary or permanent, of that property. provision may also be made by law for the management of land, mines, minerals and waters acquired by the state after the coming into operation of this constitution and for the control of the alienation, whether temporary or permanent, of the land, mines, minerals and waters so acquired. article 11 all revenues of the state from whatever source arising shall, subject to such exception as may be provided by law, form one fund, and shall be appropriated for the purposes and in the manner and subject to the charges and liabilities determined and imposed by law. the president article 12 there shall be a president of ireland (uachtarán na héireann), hereinafter called the president, who shall take precedence over all other persons in the state and who shall exercise and perform the powers and functions conferred on the president by this constitution and by law. 2 the president shall be elected by direct vote of the people. every citizen who has the right to vote at an election for members of dáil éireann shall have the right to vote at an election for president. the voting shall be by secret ballot and on the system of proportional representation by means of the single transferable vote. 3 the president shall hold office for seven years from the date upon which he enters upon his office, unless before the expiration of that period he dies, or resigns, or is removed from office, or becomes permanently incapacitated, such incapacity being established to the satisfaction of the supreme court consisting of not less than five judges. a person who holds, or who has held, office as president, shall be eligible for re-election to that office once, but only once. an election for the office of president shall be held not later than, and not earlier than the sixtieth day before, the date of the expiration of the term of office of every president, but in the event of the removal from office of the president or of his death, resignation, or permanent incapacity established as aforesaid (whether occurring before or after he enters upon his office), an election for the office of president shall be held within sixty days after such event. 4 every citizen who has reached his thirty-fifth year of age is eligible for election to the office of president. every candidate for election, not a former or retiring president, must be nominated either by: not less than twenty persons, each of whom is at the time a member of one of the houses of the oireachtas, or by the councils of not less than four administrative counties (including county boroughs) as defined by law. no person and no such council shall be entitled to subscribe to the nomination of more than one candidate in respect of the same election. former or retiring presidents may become candidates on their own nomination. where only one candidate is nominated for the office of president it shall not be necessary to proceed to a ballot for his election. subject to the provisions of this article, elections for the office of president shall be regulated by law. 6 the president shall not be a member of either house of the oireachtas. if a member of either house of the oireachtas be elected president, he shall be deemed to have vacated his seat in that house. the president shall not hold any other office or position of emolument. the first president shall enter upon his office as soon as may be after his election, and every subsequent president shall enter upon his office on the day following the expiration of the term of office of his predecessor or as soon as may be thereafter or, in the event of his predecessor's removal from office, death, resignation, or permanent incapacity established as provided by section 3 hereof, as soon as may be after the election. the president shall enter upon his office by taking and subscribing publicly, in the presence of members of both houses of the oireachtas, of judges of the supreme court, of the court of appeal and of the high court, and other public personages, the following declaration: "in the presence of almighty god i , do solemnly and sincerely promise and declare that i will maintain the constitution of ireland and uphold its laws, that i will fulfil my duties faithfully and conscientiously in accordance with the constitution and the law, and that i will dedicate my abilities to the service and welfare of the people of ireland. may god direct and sustain me." the president shall not leave the state during his term of office save with the consent of the government. 10 the president may be impeached for stated misbehaviour. the charge shall be preferred by either of the houses of the oireachtas, subject to and in accordance with the provisions of this section. a proposal to either house of the oireachtas to prefer a charge against the president under this section shall not be entertained unless upon a notice of motion in writing signed by not less than thirty members of that house. no such proposal shall be adopted by either of the houses of the oireachtas save upon a resolution of that house supported by not less than two-thirds of the total membership thereof. when a charge has been preferred by either house of the oireachtas, the other house shall investigate the charge, or cause the charge to be investigated. the president shall have the right to appear and to be represented at the investigation of the charge. if, as a result of the investigation, a resolution be passed supported by not less than two-thirds of the total membership of the house of the oireachtas by which the charge was investigated, or caused to be investigated, declaring that the charge preferred against the president has been sustained and that the misbehaviour, the subject of the charge, was such as to render him unfit to continue in office, such resolution shall operate to remove the president from his office. 11 the president shall have an official residence in or near the city of dublin. the president shall receive such emoluments and allowances as may be determined by law. the emoluments and allowances of the president shall not be diminished during his term of office. article 13 1 the president shall, on the nomination of dáil éireann, appoint the taoiseach, that is, the head of the government or prime minister. the president shall, on the nomination of the taoiseach with the previous approval of dáil éireann, appoint the other members of the government. the president shall, on the advice of the taoiseach, accept the resignation or terminate the appointment of any member of the government. 2 dáil éireann shall be summoned and dissolved by the president on the advice of the taoiseach. the president may in his absolute discretion refuse to dissolve dáil éireann on the advice of a taoiseach who has ceased to retain the support of a majority in dáil éireann. the president may at any time, after consultation with the council of state, convene a meeting of either or both of the houses of the oireachtas. 3 every bill passed or deemed to have been passed by both houses of the oireachtas shall require the signature of the president for its enactment into law. the president shall promulgate every law made by the oireachtas. the supreme command of the defence forces is hereby vested in the president. 5 the exercise of the supreme command of the defence forces shall be regulated by law. all commissioned officers of the defence forces shall hold their commissions from the president. the right of pardon and the power to commute or remit punishment imposed by any court exercising criminal jurisdiction are hereby vested in the president, but such power of commutation or remission may also be conferred by law on other authorities. 7 the president may, after consultation with the council of state, communicate with the houses of the oireachtas by message or address on any matter of national or public importance. the president may, after consultation with the council of state, address a message to the nation at any time on any such matter. every such message or address must, however, have received the approval of the government. 8 the president shall not be answerable to either house of the oireachtas or to any court for the exercise and performance of the powers and functions of his office or for any act done or purporting to be done by him in the exercise and performance of these powers and functions. the behaviour of the president may, however, be brought under review in either of the houses of the oireachtas for the purposes of section 10 of article 12 of this constitution, or by any court, tribunal or body appointed or designated by either of the houses of the oireachtas for the investigation of a charge under section 10 of the said article. the powers and functions conferred on the president by this constitution shall be exercisable and performable by him only on the advice of the government, save where it is provided by this constitution that he shall act in his absolute discretion or after consultation with or in relation to the council of state, or on the advice or nomination of, or on receipt of any other communication from, any other person or body. subject to this constitution, additional powers and functions may be conferred on the president by law. no power or function conferred on the president by law shall be exercisable or performable by him save only on the advice of the government. article 14 in the event of the absence of the president, or his temporary incapacity, or his permanent incapacity established as provided by section 3 of article 12 hereof, or in the event of his death, resignation, removal from office, or failure to exercise and perform the powers and functions of his office or any of them, or at any time at which the office of president may be vacant, the powers and functions conferred on the president by or under this constitution shall be exercised and performed by a commission constituted as provided in section 2 of this article. 2 the commission shall consist of the following persons, namely, the chief justice, the chairman of dáil éireann (an ceann comhairle), and the chairman of seanad éireann. the president of the court of appeal shall act as a member of the commission in the place of the chief justice on any occasion on which the office of chief justice is vacant or on which the chief justice is unable to act. the deputy chairman of dáil éireann shall act as a member of the commission in the place of the chairman of dáil éireann on any occasion on which the office of chairman of dáil éireann is vacant or on which the said chairman is unable to act. the deputy chairman of seanad éireann shall act as a member of the commission in the place of the chairman of seanad éireann on any occasion on which the office of chairman of seanad éireann is vacant or on which the said chairman is unable to act. the commission may act by any two of their number and may act notwithstanding a vacancy in their membership. the council of state may by a majority of its members make such provision as to them may seem meet for the exercise and performance of the powers and functions conferred on the president by or under this constitution in any contingency which is not provided for by the foregoing provisions of this article. 5 the provisions of this constitution which relate to the exercise and performance by the president of the powers and functions conferred on him by or under this constitution shall subject to the subsequent provisions of this section apply to the exercise and performance of the said powers and functions under this article. in the event of the failure of the president to exercise or perform any power or function which the president is by or under this constitution required to exercise or perform within a specified time, the said power or function shall be exercised or performed under this article, as soon as may be after the expiration of the time so specified. the national parliament constitution and powers article 15 1 the national parliament shall be called and known, and is in this constitution generally referred to, as the oireachtas. the oireachtas shall consist of the president and two houses, viz.: a house of representatives to be called dáil éireann and a senate to be called seanad éireann. the houses of the oireachtas shall sit in or near the city of dublin or in such other place as they may from time to time determine. 2 the sole and exclusive power of making laws for the state is hereby vested in the oireachtas: no other legislative authority has power to make laws for the state. provision may however be made by law for the creation or recognition of subordinate legislatures and for the powers and functions of these legislatures. 3 the oireachtas may provide for the establishment or recognition of functional or vocational councils representing branches of the social and economic life of the people. a law establishing or recognising any such council shall determine its rights, powers and duties, and its relation to the oireachtas and to the government. 4 the oireachtas shall not enact any law which is in any respect repugnant to this constitution or any provision thereof. every law enacted by the oireachtas which is in any respect repugnant to this constitution or to any provision thereof, shall, but to the extent only of such repugnancy, be invalid. 5 the oireachtas shall not declare acts to be infringements of the law which were not so at the date of their commission. the oireachtas shall not enact any law providing for the imposition of the death penalty. 6 the right to raise and maintain military or armed forces is vested exclusively in the oireachtas. no military or armed force, other than a military or armed force raised and maintained by the oireachtas, shall be raised or maintained for any purpose whatsoever. the oireachtas shall hold at least one session every year. 8 sittings of each house of the oireachtas shall be public. in cases of special emergency, however, either house may hold a private sitting with the assent of two-thirds of the members present. 9 each house of the oireachtas shall elect from its members its own chairman and deputy chairman, and shall prescribe their powers and duties. the remuneration of the chairman and deputy chairman of each house shall be determined by law. each house shall make its own rules and standing orders, with power to attach penalties for their infringement, and shall have power to ensure freedom of debate, to protect its official documents and the private papers of its members, and to protect itself and its members against any person or persons interfering with, molesting or attempting to corrupt its members in the exercise of their duties. 11 all questions in each house shall, save as otherwise provided by this constitution, be determined by a majority of the votes of the members present and voting other than the chairman or presiding member. the chairman or presiding member shall have and exercise a casting vote in the case of an equality of votes. the number of members necessary to constitute a meeting of either house for the exercise of its powers shall be determined by its standing orders. all official reports and publications of the oireachtas or of either house thereof and utterances made in either house wherever published shall be privileged. the members of each house of the oireachtas shall, except in case of treason as defined in this constitution, felony or breach of the peace, be privileged from arrest in going to and returning from, and while within the precincts of, either house, and shall not, in respect of any utterance in either house, be amenable to any court or any authority other than the house itself. no person may be at the same time a member of both houses of the oireachtas, and, if any person who is already a member of either house becomes a member of the other house, he shall forthwith be deemed to have vacated his first seat. the oireachtas may make provision by law for the payment of allowances to the members of each house thereof in respect of their duties as public representatives and for the grant to them of free travelling and such other facilities (if any) in connection with those duties as the oireachtas may determine. dáil éireann article 16 1 every citizen without distinction of sex who has reached the age of twenty-one years, and who is not placed under disability or incapacity by this constitution or by law, shall be eligible for membership of dáil éireann. all citizens, and such other persons in the state as may be determined by law, without distinction of sex who have reached the age of eighteen years who are not disqualified by law and comply with the provisions of the law relating to the election of members of dáil éireann, shall have the right to vote at an election for members of dáil éireann. no law shall be enacted placing any citizen under disability or incapacity for membership of dáil éireann on the ground of sex or disqualifying any citizen or other person from voting at an election for members of dáil éireann on that ground. no voter may exercise more than one vote at an election for dáil éireann, and the voting shall be by secret ballot. 2 dáil éireann shall be composed of members who represent constituencies determined by law. the number of members shall from time to time be fixed by law, but the total number of members of dáil éireann shall not be fixed at less than one member for each thirty thousand of the population, or at more than one member for each twenty thousand of the population. the ratio between the number of members to be elected at any time for each constituency and the population of each constituency, as ascertained at the last preceding census, shall, so far as it is practicable, be the same throughout the country. the oireachtas shall revise the constituencies at least once in every twelve years, with due regard to changes in distribution of the population, but any alterations in the constituencies shall not take effect during the life of dáil éireann sitting when such revision is made. the members shall be elected on the system of proportional representation by means of the single transferable vote. no law shall be enacted whereby the number of members to be returned for any constituency shall be less than three. 3 dáil éireann shall be summoned and dissolved as provided by section 2 of article 13 of this constitution. a general election for members of dáil éireann shall take place not later than thirty days after a dissolution of dáil éireann. 4 polling at every general election for dáil éireann shall as far as practicable take place on the same day throughout the country. dáil éireann shall meet within thirty days from that polling day. the same dáil éireann shall not continue for a longer period than seven years from the date of its first meeting: a shorter period may be fixed by law. provision shall be made by law to enable the member of dáil éireann who is the chairman immediately before a dissolution of dáil éireann to be deemed without any actual election to be elected a member of dáil éireann at the ensuing general election. subject to the foregoing provisions of this article, elections for membership of dáil éireann, including the filling of casual vacancies, shall be regulated in accordance with law. article 17 1 as soon as possible after the presentation to dáil éireann under article 28 of this constitution of the estimates of receipts and the estimates of expenditure of the state for any financial year, dáil éireann shall consider such estimates. save in so far as may be provided by specific enactment in each case, the legislation required to give effect to the financial resolutions of each year shall be enacted within that year. dáil éireann shall not pass any vote or resolution, and no law shall be enacted, for the appropriation of revenue or other public moneys unless the purpose of the appropriation shall have been recommended to dáil éireann by a message from the government signed by the taoiseach. seanad éireann article 18 seanad éireann shall be composed of sixty members, of whom eleven shall be nominated members and forty-nine shall be elected members. a person to be eligible for membership of seanad éireann must be eligible to become a member of dáil éireann. the nominated members of seanad éireann shall be nominated, with their prior consent, by the taoiseach who is appointed next after the reassembly of dáil éireann following the dissolution thereof which occasions the nomination of the said members. 4 the elected members of seanad éireann shall be elected as follows: three shall be elected by the national university of ireland. three shall be elected by the university of dublin. forty-three shall be elected from panels of candidates constituted as hereinafter provided. provision may be made by law for the election, on a franchise and in the manner to be provided by law, by one or more of the following institutions, namely: the universities mentioned in subsection 1° of this section, any other institutions of higher education in the state, of so many members of seanad éireann as may be fixed by law in substitution for an equal number of the members to be elected pursuant to paragraphs i and ii of the said subsection 1°. a member or members of seanad éireann may be elected under this subsection by institutions grouped together or by a single institution. nothing in this article shall be invoked to prohibit the dissolution by law of a university mentioned in subsection 1° of this section. every election of the elected members of seanad éireann shall be held on the system of proportional representation by means of the single transferable vote, and by secret postal ballot. the members of seanad éireann to be elected by the universities shall be elected on a franchise and in the manner to be provided by law. 7 before each general election of the members of seanad éireann to be elected from panels of candidates, five panels of candidates shall be formed in the manner provided by law containing respectively the names of persons having knowledge and practical experience of the following interests and services, namely: national language and culture, literature, art, education and such professional interests as may be defined by law for the purpose of this panel; agriculture and allied interests, and fisheries; labour, whether organised or unorganised; industry and commerce, including banking, finance, accountancy, engineering and architecture; public administration and social services, including voluntary social activities. not more than eleven and, subject to the provisions of article 19 hereof, not less than five members of seanad éireann shall be elected from any one panel. a general election for seanad éireann shall take place not later than ninety days after a dissolution of dáil éireann, and the first meeting of seanad éireann after the general election shall take place on a day to be fixed by the president on the advice of the taoiseach. every member of seanad éireann shall, unless he previously dies, resigns, or becomes disqualified, continue to hold office until the day before the polling day of the general election for seanad éireann next held after his election or nomination. 10 subject to the foregoing provisions of this article elections of the elected members of seanad éireann shall be regulated by law. casual vacancies in the number of the nominated members of seanad éireann shall be filled by nomination by the taoiseach with the prior consent of persons so nominated. casual vacancies in the number of the elected members of seanad éireann shall be filled in the manner provided by law. article 19 provision may be made by law for the direct election by any functional or vocational group or association or council of so many members of seanad éireann as may be fixed by such law in substitution for an equal number of the members to be elected from the corresponding panels of candidates constituted under article 18 of this constitution. legislation article 20 every bill initiated in and passed by dáil éireann shall be sent to seanad éireann and may, unless it be a money bill, be amended in seanad éireann and dáil éireann shall consider any such amendment. 2 a bill other than a money bill may be initiated in seanad éireann, and if passed by seanad éireann, shall be introduced in dáil éireann. a bill initiated in seanad éireann if amended in dáil éireann shall be considered as a bill initiated in dáil éireann. a bill passed by either house and accepted by the other house shall be deemed to have been passed by both houses. money bills article 21 1 money bills shall be initiated in dáil éireann only. every money bill passed by dáil éireann shall be sent to seanad éireann for its recommendations. 2 every money bill sent to seanad éireann for its recommendations shall, at the expiration of a period not longer than twenty-one days after it shall have been sent to seanad éireann, be returned to dáil éireann, which may accept or reject all or any of the recommendations of seanad éireann. if such money bill is not returned by seanad éireann to dáil éireann within such twenty-one days or is returned within such twenty-one days with recommendations which dáil éireann does not accept, it shall be deemed to have been passed by both houses at the expiration of the said twenty-one days. article 22 1 a money bill means a bill which contains only provisions dealing with all or any of the following matters, namely, the imposition, repeal, remission, alteration or regulation of taxation; the imposition for the payment of debt or other financial purposes of charges on public moneys or the variation or repeal of any such charges; supply; the appropriation, receipt, custody, issue or audit of accounts of public money; the raising or guarantee of any loan or the repayment thereof; matters subordinate and incidental to these matters or any of them. in this definition the expressions taxation, public money and loan respectively do not include any taxation, money or loan raised by local authorities or bodies for local purposes. 2 the chairman of dáil éireann shall certify any bill which, in his opinion, is a money bill to be a money bill, and his certificate shall, subject to the subsequent provisions of this section, be final and conclusive. seanad éireann, by a resolution, passed at a sitting at which not less than thirty members are present, may request the president to refer the question whether the bill is or is not a money bill to a committee of privileges. if the president after consultation with the council of state decides to accede to the request he shall appoint a committee of privileges consisting of an equal number of members of dáil éireann and of seanad éireann and a chairman who shall be a judge of the supreme court: these appointments shall be made after consultation with the council of state. in the case of an equality of votes but not otherwise the chairman shall be entitled to vote. the president shall refer the question to the committee of privileges so appointed and the committee shall report its decision thereon to the president within twenty-one days after the day on which the bill was sent to seanad éireann. the decision of the committee shall be final and conclusive. if the president after consultation with the council of state decides not to accede to the request of seanad éireann, or if the committee of privileges fails to report within the time hereinbefore specified the certificate of the chairman of dáil éireann shall stand confirmed. time for consideration of bills article 23 this article applies to every bill passed by dáil éireann and sent to seanad éireann other than a money bill or a bill the time for the consideration of which by seanad éireann shall have been abridged under article 24 of this constitution. whenever a bill to which this article applies is within the stated period defined in the next following sub-section either rejected by seanad éireann or passed by seanad éireann with amendments to which dáil éireann does not agree or is neither passed (with or without amendment) nor rejected by seanad éireann within the stated period, the bill shall, if dáil éireann so resolves within one hundred and eighty days after the expiration of the stated period be deemed to have been passed by both houses of the oireachtas on the day on which the resolution is passed. the stated period is the period of ninety days commencing on the day on which the bill is first sent by dáil éireann to seanad éireann or any longer period agreed upon in respect of the bill by both houses of the oireachtas. 2 the preceding section of this article shall apply to a bill which is initiated in and passed by seanad éireann, amended by dáil éireann, and accordingly deemed to have been initiated in dáil éireann. for the purpose of this application the stated period shall in relation to such a bill commence on the day on which the bill is first sent to seanad éireann after having been amended by dáil éireann. article 24 if and whenever on the passage by dáil éireann of any bill, other than a bill expressed to be a bill containing a proposal to amend the constitution, the taoiseach certifies by messages in writing addressed to the president and to the chairman of each house of the oireachtas that, in the opinion of the government, the bill is urgent and immediately necessary for the preservation of the public peace and security, or by reason of the existence of a public emergency, whether domestic or international, the time for the consideration of such bill by seanad éireann shall, if dáil éireann so resolves and if the president, after consultation with the council of state, concurs, be abridged to such period as shall be specified in the resolution. where a bill, the time for the consideration of which by seanad éireann has been abridged under this article, is, in the case of a bill which is not a money bill, rejected by seanad éireann or passed by seanad éireann with amendments to which dáil éireann does not agree or neither passed nor rejected by seanad éireann, or is, in the case of a money bill, either returned by seanad éireann to dáil éireann with recommendations which dáil éireann does not accept or is not returned by seanad éireann to dáil éireann, within the period specified in the resolution, the bill shall be deemed to have been passed by both houses of the oireachtas at the expiration of that period. when a bill the time for the consideration of which by seanad éireann has been abridged under this article becomes law it shall remain in force for a period of ninety days from the date of its enactment and no longer unless, before the expiration of that period, both houses shall have agreed that such law shall remain in force for a longer period and the longer period so agreed upon shall have been specified in resolutions passed by both houses. signing and promulgation of laws article 25 as soon as any bill, other than a bill expressed to be a bill containing a proposal for the amendment of this constitution, shall have been passed or deemed to have been passed by both houses of the oireachtas, the taoiseach shall present it to the president for his signature and for promulgation by him as a law in accordance with the provisions of this article. 2 save as otherwise provided by this constitution, every bill so presented to the president for his signature and for promulgation by him as a law shall be signed by the president not earlier than the fifth and not later than the seventh day after the date on which the bill shall have been presented to him. at the request of the government, with the prior concurrence of seanad éireann, the president may sign any bill the subject of such request on a date which is earlier than the fifth day after such date as aforesaid. every bill the time for the consideration of which by seanad éireann shall have been abridged under article 24 of this constitution shall be signed by the president on the day on which such bill is presented to him for signature and promulgation as a law. 4 every bill shall become and be law as on and from the day on which it is signed by the president under this constitution, and shall, unless the contrary intention appears, come into operation on that day. every bill signed by the president under this constitution shall be promulgated by him as a law by the publication by his direction of a notice in the iris oifigiúil stating that the bill has become law. every bill shall be signed by the president in the text in which it was passed or deemed to have been passed by both houses of the oireachtas, and if a bill is so passed or deemed to have been passed in both the official languages, the president shall sign the text of the bill in each of those languages. where the president signs the text of a bill in one only of the official languages, an official translation shall be issued in the other official language. as soon as may be after the signature and promulgation of a bill as a law, the text of such law which was signed by the president or, where the president has signed the text of such law in each of the official languages, both the signed texts shall be enrolled for record in the office of the registrar of the supreme court, and the text, or both the texts, so enrolled shall be conclusive evidence of the provisions of such law. in case of conflict between the texts of a law enrolled under this section in both the official languages, the text in the national language shall prevail. 5 it shall be lawful for the taoiseach, from time to time as occasion appears to him to require, to cause to be prepared under his supervision a text (in both the official languages) of this constitution as then in force embodying all amendments theretofore made therein. a copy of every text so prepared, when authenticated by the signatures of the taoiseach and the chief justice, shall be signed by the president and shall be enrolled for record in the office of the registrar of the supreme court. the copy so signed and enrolled which is for the time being the latest text so prepared shall, upon such enrolment, be conclusive evidence of this constitution as at the date of such enrolment and shall for that purpose supersede all texts of this constitution of which copies were so enrolled. in case of conflict between the texts of any copy of this constitution enrolled under this section, the text in the national language shall prevail. reference of bills to the supreme court article 26 this article applies to any bill passed or deemed to have been passed by both houses of the oireachtas other than a money bill, or a bill expressed to be a bill containing a proposal to amend the constitution, or a bill the time for the consideration of which by seanad éireann shall have been abridged under article 24 of this constitution. 1 the president may, after consultation with the council of state, refer any bill to which this article applies to the supreme court for a decision on the question as to whether such bill or any specified provision or provisions of such bill is or are repugnant to this constitution or to any provision thereof. every such reference shall be made not later than the seventh day after the date on which such bill shall have been presented by the taoiseach to the president for his signature. the president shall not sign any bill the subject of a reference to the supreme court under this article pending the pronouncement of the decision of the court. 2 the supreme court consisting of not less than five judges shall consider every question referred to it by the president under this article for a decision, and, having heard arguments by or on behalf of the attorney general and by counsel assigned by the court, shall pronounce its decision on such question in open court as soon as may be, and in any case not later than sixty days after the date of such reference. the decision of the majority of the judges of the supreme court shall, for the purposes of this article, be the decision of the court and shall be pronounced by such one of those judges as the court shall direct, and no other opinion, whether assenting or dissenting, shall be pronounced nor shall the existence of any such other opinion be disclosed. 3 in every case in which the supreme court decides that any provision of a bill the subject of a reference to the supreme court under this article is repugnant to this constitution or to any provision thereof, the president shall decline to sign such bill. if, in the case of a bill to which article 27 of this constitution applies, a petition has been addressed to the president under that article, that article shall be complied with. in every other case the president shall sign the bill as soon as may be after the date on which the decision of the supreme court shall have been pronounced. reference of bills to the people article 27 this article applies to any bill, other than a bill expressed to be a bill containing a proposal for the amendment of this constitution, which shall have been deemed, by virtue of article 23 hereof, to have been passed by both houses of the oireachtas. a majority of the members of seanad éireann and not less than one-third of the members of dáil éireann may by a joint petition addressed to the president by them under this article request the president to decline to sign and promulgate as a law any bill to which this article applies on the ground that the bill contains a proposal of such national importance that the will of the people thereon ought to be ascertained. every such petition shall be in writing and shall be signed by the petitioners whose signatures shall be verified in the manner prescribed by law. every such petition shall contain a statement of the particular ground or grounds on which the request is based, and shall be presented to the president not later than four days after the date on which the bill shall have been deemed to have been passed by both houses of the oireachtas. 4 upon receipt of a petition addressed to him under this article, the president shall forthwith consider such petition and shall, after consultation with the council of state, pronounce his decision thereon not later than ten days after the date on which the bill to which such petition relates shall have been deemed to have been passed by both houses of the oireachtas. if the bill or any provision thereof is or has been referred to the supreme court under article 26 of this constitution, it shall not be obligatory on the president to consider the petition unless or until the supreme court has pronounced a decision on such reference to the effect that the said bill or the said provision thereof is not repugnant to this constitution or to any provision thereof, and, if a decision to that effect is pronounced by the supreme court, it shall not be obligatory on the president to pronounce his decision on the petition before the expiration of six days after the day on which the decision of the supreme court to the effect aforesaid is pronounced. 5 in every case in which the president decides that a bill the subject of a petition under this article contains a proposal of such national importance that the will of the people thereon ought to be ascertained, he shall inform the taoiseach and the chairman of each house of the oireachtas accordingly in writing under his hand and seal and shall decline to sign and promulgate such bill as a law unless and until the proposal shall have been approved either by the people at a referendum in accordance with the provisions of section 2 of article 47 of this constitution within a period of eighteen months from the date of the president's decision, or by a resolution of dáil éireann passed within the said period after a dissolution and re-assembly of dáil éireann. whenever a proposal contained in a bill the subject of a petition under this article shall have been approved either by the people or by a resolution of dáil éireann in accordance with the foregoing provisions of this section, such bill shall as soon as may be after such approval be presented to the president for his signature and promulgation by him as a law and the president shall thereupon sign the bill and duly promulgate it as a law. in every case in which the president decides that a bill the subject of a petition under this article does not contain a proposal of such national importance that the will of the people thereon ought to be ascertained, he shall inform the taoiseach and the chairman of each house of the oireachtas accordingly in writing under his hand and seal, and such bill shall be signed by the president not later than eleven days after the date on which the bill shall have been deemed to have been passed by both houses of the oireachtas and shall be duly promulgated by him as a law. the government article 28 the government shall consist of not less than seven and not more than fifteen members who shall be appointed by the president in accordance with the provisions of this constitution. the executive power of the state shall, subject to the provisions of this constitution, be exercised by or on the authority of the government. 3 war shall not be declared and the state shall not participate in any war save with the assent of dáil éireann. in the case of actual invasion, however, the government may take whatever steps they may consider necessary for the protection of the state, and dáil éireann if not sitting shall be summoned to meet at the earliest practicable date. nothing in this constitution other than article 15.5.2° shall be invoked to invalidate any law enacted by the oireachtas which is expressed to be for the purpose of securing the public safety and the preservation of the state in time of war or armed rebellion, or to nullify any act done or purporting to be done in time of war or armed rebellion in pursuance of any such law. in this subsection time of war includes a time when there is taking place an armed conflict in which the state is not a participant but in respect of which each of the houses of the oireachtas shall have resolved that, arising out of such armed conflict, a national emergency exists affecting the vital interests of the state and time of war or armed rebellion includes such time after the termination of any war, or of any such armed conflict as aforesaid, or of an armed rebellion, as may elapse until each of the houses of the oireachtas shall have resolved that the national emergency occasioned by such war, armed conflict, or armed rebellion has ceased to exist. 4 the government shall be responsible to dáil éireann. the government shall meet and act as a collective authority, and shall be collectively responsible for the departments of state administered by the members of the government. the confidentiality of discussions at meetings of the government shall be respected in all circumstances save only where the high court determines that disclosure should be made in respect of a particular matter in the interests of the administration of justice by a court, or by virtue of an overriding public interest, pursuant to an application in that behalf by a tribunal appointed by the government or a minister of the government on the authority of the houses of the oireachtas to inquire into a matter stated by them to be of public importance. the government shall prepare estimates of the receipts and estimates of the expenditure of the state for each financial year, and shall present them to dáil éireann for consideration. 5 the head of the government, or prime minister, shall be called, and is in this constitution referred to as, the taoiseach. the taoiseach shall keep the president generally informed on matters of domestic and international policy. 6 the taoiseach shall nominate a member of the government to be the tánaiste. the tánaiste shall act for all purposes in the place of the taoiseach if the taoiseach should die, or become permanently incapacitated, until a new taoiseach shall have been appointed. the tánaiste shall also act for or in the place of the taoiseach during the temporary absence of the taoiseach. 7 the taoiseach, the tánaiste and the member of the government who is in charge of the department of finance must be members of dáil éireann. the other members of the government must be members of dáil éireann or seanad éireann, but not more than two may be members of seanad éireann. every member of the government shall have the right to attend and be heard in each house of the oireachtas. 9 the taoiseach may resign from office at any time by placing his resignation in the hands of the president. any other member of the government may resign from office by placing his resignation in the hands of the taoiseach for submission to the president. the president shall accept the resignation of a member of the government, other than the taoiseach, if so advised by the taoiseach. the taoiseach may at any time, for reasons which to him seem sufficient, request a member of the government to resign; should the member concerned fail to comply with the request, his appointment shall be terminated by the president if the taoiseach so advises. the taoiseach shall resign from office upon his ceasing to retain the support of a majority in dáil éireann unless on his advice the president dissolves dáil éireann and on the reassembly of dáil éireann after the dissolution the taoiseach secures the support of a majority in dáil éireann. 11 if the taoiseach at any time resigns from office the other members of the government shall be deemed also to have resigned from office, but the taoiseach and the other members of the government shall continue to carry on their duties until their successors shall have been appointed. the members of the government in office at the date of a dissolution of dáil éireann shall continue to hold office until their successors shall have been appointed. the following matters shall be regulated in accordance with law, namely, the organization of, and distribution of business amongst, departments of state, the designation of members of the government to be the ministers in charge of the said departments, the discharge of the functions of the office of a member of the government during his temporary absence or incapacity, and the remuneration of the members of the government. local government article 28a the state recognises the role of local government in providing a forum for the democratic representation of local communities, in exercising and performing at local level powers and functions conferred by law and in promoting by its initiatives the interests of such communities. there shall be such directly elected local authorities as may be determined by law and their powers and functions shall, subject to the provisions of this constitution, be so determined and shall be exercised and performed in accordance with law. elections for members of such local authorities shall be held in accordance with law not later than the end of the fifth year after the year in which they were last held. every citizen who has the right to vote at an election for members of dáil éireann and such other persons as may be determined by law shall have the right to vote at an election for members of such of the local authorities referred to in section 2 of this article as shall be determined by law. casual vacancies in the membership of local authorities referred to in section 2 of this article shall be filled in accordance with law. international relations article 29 ireland affirms its devotion to the ideal of peace and friendly co-operation amongst nations founded on international justice and morality. ireland affirms its adherence to the principle of the pacific settlement of international disputes by international arbitration or judicial determination. ireland accepts the generally recognised principles of international law as its rule of conduct in its relations with other states. 4 the executive power of the state in or in connection with its external relations shall in accordance with article 28 of this constitution be exercised by or on the authority of the government. for the purpose of the exercise of any executive function of the state in or in connection with its external relations, the government may to such extent and subject to such conditions, if any, as may be determined by law, avail of or adopt any organ, instrument, or method of procedure used or adopted for the like purpose by the members of any group or league of nations with which the state is or becomes associated for the purpose of international co-operation in matters of common concern. the state may become a member of the european atomic energy community (established by treaty signed at rome on the 25th day of march, 1957). ireland affirms its commitment to the european union within which the member states of that union work together to promote peace, shared values and the well-being of their peoples. the state may ratify the treaty of lisbon amending the treaty on european union and the treaty establishing the european community, signed at lisbon on the 13th day of december 2007 (treaty of lisbon), and may be a member of the european union established by virtue of that treaty. no provision of this constitution invalidates laws enacted, acts done or measures adopted by the state, before, on or after the entry into force of the treaty of lisbon, that are necessitated by the obligations of membership of the european union referred to in subsection 5° of this section or of the european atomic energy community, or prevents laws enacted, acts done or measures adopted by the said european union or the european atomic energy community, or institutions thereof, the european communities or european union existing immediately before the entry into force of the treaty of lisbon, or institutions thereof, or bodies competent under the treaties referred to in this section, from having the force of law in the state. state may exercise the options or discretions to which article 20 of the treaty on european union relating to enhanced cooperation applies, under protocol no. 19 on the schengen acquis integrated into the framework of the european union annexed to that treaty and to the treaty on the functioning of the european union (formerly known as the treaty establishing the european community), and under protocol no. 21 on the position of the united kingdom and ireland in respect of the area of freedom, security and justice, so annexed, including the option that the said protocol no. 21 shall, in whole or in part, cease to apply to the state, but any such exercise shall be subject to the prior approval of both houses of the oireachtas. the state may agree to the decisions, regulations or other acts under the treaty on european union and the treaty on the functioning of the european union authorising the council of the european union to act other than by unanimity, under those treaties authorising the adoption of the ordinary legislative procedure, and under subparagraph (d) of article 82.2, the third subparagraph of article 83.1 and paragraphs 1 and 4 of article 86 of the treaty on the functioning of the european union, relating to the area of freedom, security and justice, but the agreement to any such decision, regulation or act shall be subject to the prior approval of both houses of the oireachtas. the state shall not adopt a decision taken by the european council to establish a common defence pursuant to article 42 of the treaty on european union where that common defence would include the state. the state may ratify the treaty on stability, coordination and governance in the economic and monetary union done at brussels on the 2nd day of march 2012. no provision of this constitution invalidates laws enacted, acts done or measures adopted by the state that are necessitated by the obligations of the state under that treaty or prevents laws enacted, acts done or measures adopted by bodies competent under that treaty from having the force of law in the state. 5 every international agreement to which the state becomes a party shall be laid before dáil éireann. the state shall not be bound by any international agreement involving a charge upon public funds unless the terms of the agreement shall have been approved by dáil éireann. this section shall not apply to agreements or conventions of a technical and administrative character. no international agreement shall be part of the domestic law of the state save as may be determined by the oireachtas. 7 the state may consent to be bound by the british-irish agreement done at belfast on the 10th day of april, 1998, hereinafter called the agreement. any institution established by or under the agreement may exercise the powers and functions thereby conferred on it in respect of all or any part of the island of ireland notwithstanding any other provision of this constitution conferring a like power or function on any person or any organ of state appointed under or created or established by or under this constitution. any power or function conferred on such an institution in relation to the settlement or resolution of disputes or controversies may be in addition to or in substitution for any like power or function conferred by this constitution on any such person or organ of state as aforesaid. the state may exercise extra-territorial jurisdiction in accordance with the generally recognised principles of international law. the state may ratify the rome statute of the international criminal court done at rome on the 17th day of july, 1998. the attorney general article 30 there shall be an attorney general who shall be the adviser of the government in matters of law and legal opinion, and shall exercise and perform all such powers, functions and duties as are conferred or imposed on him by this constitution or by law. the attorney general shall be appointed by the president on the nomination of the taoiseach. all crimes and offences prosecuted in any court constituted under article 34 of this constitution other than a court of summary jurisdiction shall be prosecuted in the name of the people and at the suit of the attorney general or some other person authorised in accordance with law to act for that purpose. the attorney general shall not be a member of the government. 5 the attorney general may at any time resign from office by placing his resignation in the hands of the taoiseach for submission to the president. the taoiseach may, for reasons which to him seem sufficient, request the resignation of the attorney general. in the event of failure to comply with the request, the appointment of the attorney general shall be terminated by the president if the taoiseach so advises. the attorney general shall retire from office upon the resignation of the taoiseach, but may continue to carry on his duties until the successor to the taoiseach shall have been appointed. subject to the foregoing provisions of this article, the office of attorney general, including the remuneration to be paid to the holder of the office, shall be regulated by law. the council of state article 31 there shall be a council of state to aid and counsel the president on all matters on which the president may consult the said council in relation to the exercise and performance by him of such of his powers and functions as are by this constitution expressed to be exercisable and performable after consultation with the council of state, and to exercise such other functions as are conferred on the said council by this constitution. the council of state shall consist of the following members: as ex-officio members: the taoiseach, the tánaiste, the chief justice, the president of the court of appeal, the president of the high court, the chairman of dáil éireann, the chairman of seanad éireann, and the attorney general. every person able and willing to act as a member of the council of state who shall have held the office of president, or the office of taoiseach, or the office of chief justice, or the office of president of the executive council of saorstát éireann. such other persons, if any, as may be appointed by the president under this article to be members of the council of state. the president may at any time and from time to time by warrant under his hand and seal appoint such other persons as, in his absolute discretion, he may think fit, to be members of the council of state, but not more than seven persons so appointed shall be members of the council of state at the same time. every member of the council of state shall at the first meeting thereof which he attends as a member take and subscribe a declaration in the following form: "in the presence of almighty god i do solemnly and sincerely promise and declare that i will faithfully and conscientiously fulfil my duties as a member of the council of state." every member of the council of state appointed by the president, unless he previously dies, resigns, becomes permanently incapacitated, or is removed from office, shall hold office until the successor of the president by whom he was appointed shall have entered upon his office. any member of the council of state appointed by the president may resign from office by placing his resignation in the hands of the president. the president may, for reasons which to him seem sufficient, by an order under his hand and seal, terminate the appointment of any member of the council of state appointed by him. meetings of the council of state may be convened by the president at such times and places as he shall determine. article 32 the president shall not exercise or perform any of the powers or functions which are by this constitution expressed to be exercisable or performable by him after consultation with the council of state unless, and on every occasion before so doing, he shall have convened a meeting of the council of state and the members present at such meeting shall have been heard by him. the comptroller and auditor general article 33 there shall be a comptroller and auditor general to control on behalf of the state all disbursements and to audit all accounts of moneys administered by or under the authority of the oireachtas. the comptroller and auditor general shall be appointed by the president on the nomination of dáil éireann. the comptroller and auditor general shall not be a member of either house of the oireachtas and shall not hold any other office or position of emolument. the comptroller and auditor general shall report to dáil éireann at stated periods as determined by law. 5 the comptroller and auditor general shall not be removed from office except for stated misbehaviour or incapacity, and then only upon resolutions passed by dáil éireann and by seanad éireann calling for his removal. the taoiseach shall duly notify the president of any such resolutions as aforesaid passed by dáil éireann and by seanad éireann and shall send him a copy of each such resolution certified by the chairman of the house of the oireachtas by which it shall have been passed. upon receipt of such notification and of copies of such resolutions, the president shall forthwith, by an order under his hand and seal, remove the comptroller and auditor general from office. subject to the foregoing, the terms and conditions of the office of comptroller and auditor general shall be determined by law. the courts article 34 justice shall be administered in courts established by law by judges appointed in the manner provided by this constitution, and, save in such special and limited cases as may be prescribed by law, shall be administered in public. the courts shall comprise: courts of first instance a court of appeal; and a court of final appeal. 3 the courts of first instance shall include a high court invested with full original jurisdiction in and power to determine all matters and questions whether of law or fact, civil or criminal. save as otherwise provided by this article, the jurisdiction of the high court shall extend to the question of the validity of any law having regard to the provisions of this constitution, and no such question shall be raised (whether by pleading, argument or otherwise) in any court established under this or any other article of this constitution other than the high court, the court of appeal or the supreme court. no court whatever shall have jurisdiction to question the validity of a law, or any provision of a law, the bill for which shall have been referred to the supreme court by the president under article 26 of this constitution, or to question the validity of a provision of a law where the corresponding provision in the bill for such law shall have been referred to the supreme court by the president under the said article 26. the courts of first instance shall also include courts of local and limited jurisdiction with a right of appeal as determined by law. 4 the court of appeal shallsave as otherwise provided by this article, and with such exceptions and subject to such regulations as may be prescribed by law, have appellate jurisdiction from all decisions of the high court, and shall also have appellate jurisdiction from such decisions of other courts as may be prescribed by law. no law shall be enacted excepting from the appellate jurisdiction of the court of appeal cases which involve questions as to the validity of any law having regard to the provisions of this constitution. the decision of the court of appeal shall be final and conclusive, save as otherwise provided by this article. 5 the court of final appeal shall be called the supreme court. the president of the supreme court shall be called the chief justice. the supreme court shall, subject to such regulations as may be prescribed by law, have appellate jurisdiction from a decision of the court of appeal if the supreme court is satisfied thatthe decision involves a matter of general public importance, or in the interests of justice it is necessary that there be an appeal to the supreme court. notwithstanding section 4.1° hereof, the supreme court shall, subject to such regulations as may be prescribed by law, have appellate jurisdiction from a decision of the high court if the supreme court is satisfied that there are exceptional circumstances warranting a direct appeal to it, and a precondition for the supreme court being so satisfied is the presence of either or both of the following factors: the decision involves a matter of general public importance; the interests of justice. no law shall be enacted excepting from the appellate jurisdiction of the supreme court cases which involve questions as to the validity of any law having regard to the provisions of this constitution. the decision of the supreme court shall in all cases be final and conclusive. 6 every person appointed a judge under this constitution shall make and subscribe the following declaration: "in the presence of almighty god i do solemnly and sincerely promise and declare that i will duly and faithfully and to the best of my knowledge and power execute the office of chief justice (or as the case may be) without fear or favour, affection or ill-will towards any man, and that i will uphold the constitution and the laws. may god direct and sustain me." this declaration shall be made and subscribed by the chief justice in the presence of the president, and by each of the other judges of the supreme court, the judges of the court of appeal, the judges of the high court and the judges of every other court in the presence of the chief justice or the senior available judge of the supreme court in open court. the declaration shall be made and subscribed by every judge before entering upon his duties as such judge, and in any case not later than ten days after the date of his appointment or such later date as may be determined by the president. any judge who declines or neglects to make such declaration as aforesaid shall be deemed to have vacated his office. article 35 the judges of the supreme court, the court of appeal, the high court and all other courts established in pursuance of article 34 hereof shall be appointed by the president. all judges shall be independent in the exercise of their judicial functions and subject only to this constitution and the law. no judge shall be eligible to be a member of either house of the oireachtas or to hold any other office or position of emolument. 4 a judge of the supreme court, the court of appeal, or the high court shall not be removed from office except for stated misbehaviour or incapacity, and then only upon resolutions passed by dáil éireann and by seanad éireann calling for his removal. the taoiseach shall duly notify the president of any such resolutions passed by dáil éireann and by seanad éireann, and shall send him a copy of every such resolution certified by the chairman of the house of the oireachtas by which it shall have been passed. upon receipt of such notification and of copies of such resolutions, the president shall forthwith, by an order under his hand and seal, remove from office the judge to whom they relate. 5 the remuneration of judges shall not be reduced during their continuance in office save in accordance with this section. the remuneration of judges is subject to the imposition of taxes, levies or other charges that are imposed by law on persons generally or persons belonging to a particular class. where, before or after the enactment of this section, reductions have been or are made by law to the remuneration of persons belonging to classes of persons whose remuneration is paid out of public money and such law states that those reductions are in the public interest, provision may also be made by law to make proportionate reductions to the remuneration of judges. article 36 subject to the foregoing provisions of this constitution relating to the courts, the following matters shall be regulated in accordance with law, that is to say: the number of judges of the supreme court, of the court of appeal, and of the high court, the remuneration, age of retirement and pensions of such judges, the number of the judges of all other courts, and their terms of appointment, and the constitution and organization of the said courts, the distribution of jurisdiction and business among the said courts and judges, and all matters of procedure. article 37 nothing in this constitution shall operate to invalidate the exercise of limited functions and powers of a judicial nature, in matters other than criminal matters, by any person or body of persons duly authorised by law to exercise such functions and powers, notwithstanding that such person or such body of persons is not a judge or a court appointed or established as such under this constitution. no adoption of a person taking effect or expressed to take effect at any time after the coming into operation of this constitution under laws enacted by the oireachtas and being an adoption pursuant to an order made or an authorisation given by any person or body of persons designated by those laws to exercise such functions and powers was or shall be invalid by reason only of the fact that such person or body of persons was not a judge or a court appointed or established as such under this constitution. trial of offences article 38 no person shall be tried on any criminal charge save in due course of law. minor offences may be tried by courts of summary jurisdiction. 3 special courts may be established by law for the trial of offences in cases where it may be determined in accordance with such law that the ordinary courts are inadequate to secure the effective administration of justice, and the preservation of public peace and order. the constitution, powers, jurisdiction and procedure of such special courts shall be prescribed by law. 4 military tribunals may be established for the trial of offences against military law alleged to have been committed by persons while subject to military law and also to deal with a state of war or armed rebellion. a member of the defence forces not on active service shall not be tried by any courtmartial or other military tribunal for an offence cognisable by the civil courts unless such offence is within the jurisdiction of any courtmartial or other military tribunal under any law for the enforcement of military discipline. save in the case of the trial of offences under section 2, section 3 or section 4 of this article no person shall be tried on any criminal charge without a jury. the provisions of articles 34 and 35 of this constitution shall not apply to any court or tribunal set up under section 3 or section 4 of this article. article 39 treason shall consist only in levying war against the state, or assisting any state or person or inciting or conspiring with any person to levy war against the state, or attempting by force of arms or other violent means to overthrow the organs of government established by this constitution, or taking part or being concerned in or inciting or conspiring with any person to make or to take part or be concerned in any such attempt. fundamental rights personal rights article 40 all citizens shall, as human persons, be held equal before the law. this shall not be held to mean that the state shall not in its enactments have due regard to differences of capacity, physical and moral, and of social function. 2 titles of nobility shall not be conferred by the state. no title of nobility or of honour may be accepted by any citizen except with the prior approval of the government. 3 the state guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate the personal rights of the citizen. the state shall, in particular, by its laws protect as best it may from unjust attack and, in the case of injustice done, vindicate the life, person, good name, and property rights of every citizen. provision may be made by law for the regulation of termination of pregnancy. 4 no citizen shall be deprived of his personal liberty save in accordance with law. upon complaint being made by or on behalf of any person to the high court or any judge thereof alleging that such person is being unlawfully detained, the high court and any and every judge thereof to whom such complaint is made shall forthwith enquire into the said complaint and may order the person in whose custody such person is detained to produce the body of such person before the high court on a named day and to certify in writing the grounds of his detention, and the high court shall, upon the body of such person being produced before that court and after giving the person in whose custody he is detained an opportunity of justifying the detention, order the release of such person from such detention unless satisfied that he is being detained in accordance with the law. where the body of a person alleged to be unlawfully detained is produced before the high court in pursuance of an order in that behalf made under this section and that court is satisfied that such person is being detained in accordance with a law but that such law is invalid having regard to the provisions of this constitution, the high court shall refer the question of the validity of such law to the court of appeal by way of case stated and may, at the time of such reference or at any time thereafter, allow the said person to be at liberty on such bail and subject to such conditions as the high court shall fix until the court of appeal has determined the question so referred to it. the high court before which the body of a person alleged to be unlawfully detained is to be produced in pursuance of an order in that behalf made under this section shall, if the president of the high court or, if he is not available, the senior judge of that court who is available so directs in respect of any particular case, consist of three judges and shall, in every other case, consist of one judge only. nothing in this section, however, shall be invoked to prohibit, control, or interfere with any act of the defence forces during the existence of a state of war or armed rebellion. provision may be made by law for the refusal of bail by a court to a person charged with a serious offence where it is reasonably considered necessary to prevent the commission of a serious offence by that person. the dwelling of every citizen is inviolable and shall not be forcibly entered save in accordance with law. 6 the state guarantees liberty for the exercise of the following rights, subject to public order and morality: the right of the citizens to express freely their convictions and opinions. the education of public opinion being, however, a matter of such grave import to the common good, the state shall endeavour to ensure that organs of public opinion, such as the radio, the press, the cinema, while preserving their rightful liberty of expression, including criticism of government policy, shall not be used to undermine public order or morality or the authority of the state. the publication or utterance of seditious or indecent matter is an offence which shall be punishable in accordance with law. the right of the citizens to assemble peaceably and without arms. provision may be made by law to prevent or control meetings which are determined in accordance with law to be calculated to cause a breach of the peace or to be a danger or nuisance to the general public and to prevent or control meetings in the vicinity of either house of the oireachtas. the right of the citizens to form associations and unions. laws, however, may be enacted for the regulation and control in the public interest of the exercise of the foregoing right. laws regulating the manner in which the right of forming associations and unions and the right of free assembly may be exercised shall contain no political, religious or class discrimination. the family article 41 1 the state recognises the family as the natural primary and fundamental unit group of society, and as a moral institution possessing inalienable and imprescriptible rights, antecedent and superior to all positive law. the state, therefore, guarantees to protect the family in its constitution and authority, as the necessary basis of social order and as indispensable to the welfare of the nation and the state. 2 in particular, the state recognises that by her life within the home, woman gives to the state a support without which the common good cannot be achieved. the state shall, therefore, endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home. 3 the state pledges itself to guard with special care the institution of marriage, on which the family is founded, and to protect it against attack. a court designated by law may grant a dissolution of marriage where, but only where, it is satisfied that there is no reasonable prospect of a reconciliation between the spouses, such provision as the court considers proper having regard to the circumstances exists or will be made for the spouses, any children of either or both of them and any other person prescribed by law, and any further conditions prescribed by law are complied with. provision may be made by law for the recognition under the law of the state of a dissolution of marriage granted under the civil law of another state. marriage may be contracted in accordance with law by two persons without distinction as to their sex. education article 42 the state acknowledges that the primary and natural educator of the child is the family and guarantees to respect the inalienable right and duty of parents to provide, according to their means, for the religious and moral, intellectual, physical and social education of their children. parents shall be free to provide this education in their homes or in private schools or in schools recognised or established by the state. 3 the state shall not oblige parents in violation of their conscience and lawful preference to send their children to schools established by the state, or to any particular type of school designated by the state. the state shall, however, as guardian of the common good, require in view of actual conditions that the children receive a certain minimum education, moral, intellectual and social. the state shall provide for free primary education and shall endeavour to supplement and give reasonable aid to private and corporate educational initiative, and, when the public good requires it, provide other educational facilities or institutions with due regard, however, for the rights of parents, especially in the matter of religious and moral formation. children article 42a the state recognises and affirms the natural and imprescriptible rights of all children and shall, as far as practicable, by its laws protect and vindicate those rights. 2 in exceptional cases, where the parents, regardless of their marital status, fail in their duty towards their children to such extent that the safety or welfare of any of their children is likely to be prejudicially affected, the state as guardian of the common good shall, by proportionate means as provided by law, endeavour to supply the place of the parents, but always with due regard for the natural and imprescriptible rights of the child. provision shall be made by law for the adoption of any child where the parents have failed for such a period of time as may be prescribed by law in their duty towards the child and where the best interests of the child so require. provision shall be made by law for the voluntary placement for adoption and the adoption of any child. 4 provision shall be made by law that in the resolution of all proceedings— brought by the state, as guardian of the common good, for the purpose of preventing the safety and welfare of any child from being prejudicially affected, or concerning the adoption, guardianship or custody of, or access to, any child, the best interests of the child shall be the paramount consideration. provision shall be made by law for securing, as far as practicable, that in all proceedings referred to in subsection 1° of this section in respect of any child who is capable of forming his or her own views, the views of the child shall be ascertained and given due weight having regard to the age and maturity of the child. private property article 43 1 the state acknowledges that man, in virtue of his rational being, has the natural right, antecedent to positive law, to the private ownership of external goods. the state accordingly guarantees to pass no law attempting to abolish the right of private ownership or the general right to transfer, bequeath, and inherit property. 2 the state recognises, however, that the exercise of the rights mentioned in the foregoing provisions of this article ought, in civil society, to be regulated by the principles of social justice. the state, accordingly, may as occasion requires delimit by law the exercise of the said rights with a view to reconciling their exercise with the exigencies of the common good. religion article 44 the state acknowledges that the homage of public worship is due to almighty god. it shall hold his name in reverence, and shall respect and honour religion. 2 freedom of conscience and the free profession and practice of religion are, subject to public order and morality, guaranteed to every citizen. the state guarantees not to endow any religion. the state shall not impose any disabilities or make any discrimination on the ground of religious profession, belief or status. legislation providing state aid for schools shall not discriminate between schools under the management of different religious denominations, nor be such as to affect prejudicially the right of any child to attend a school receiving public money without attending religious instruction at that school. every religious denomination shall have the right to manage its own affairs, own, acquire and administer property, movable and immovable, and maintain institutions for religious or charitable purposes. the property of any religious denomination or any educational institution shall not be diverted save for necessary works of public utility and on payment of compensation. directive principles of social policy article 45 the principles of social policy set forth in this article are intended for the general guidance of the oireachtas. the application of those principles in the making of laws shall be the care of the oireachtas exclusively, and shall not be cognisable by any court under any of the provisions of this constitution. the state shall strive to promote the welfare of the whole people by securing and protecting as effectively as it may a social order in which justice and charity shall inform all the institutions of the national life. the state shall, in particular, direct its policy towards securing: that the citizens (all of whom, men and women equally, have the right to an adequate means of livelihood) may through their occupations find the means of making reasonable provision for their domestic needs. that the ownership and control of the material resources of the community may be so distributed amongst private individuals and the various classes as best to subserve the common good. that, especially, the operation of free competition shall not be allowed so to develop as to result in the concentration of the ownership or control of essential commodities in a few individuals to the common detriment. that in what pertains to the control of credit the constant and predominant aim shall be the welfare of the people as a whole. that there may be established on the land in economic security as many families as in the circumstances shall be practicable. 3 the state shall favour and, where necessary, supplement private initiative in industry and commerce. the state shall endeavour to secure that private enterprise shall be so conducted as to ensure reasonable efficiency in the production and distribution of goods and as to protect the public against unjust exploitation. 4 the state pledges itself to safeguard with especial care the economic interests of the weaker sections of the community, and, where necessary, to contribute to the support of the infirm, the widow, the orphan, and the aged. the state shall endeavour to ensure that the strength and health of workers, men and women, and the tender age of children shall not be abused and that citizens shall not be forced by economic necessity to enter avocations unsuited to their sex, age or strength. amendment to the constitution article 46 any provision of this constitution may be amended, whether by way of variation, addition, or repeal, in the manner provided by this article. every proposal for an amendment of this constitution shall be initiated in dáil éireann as a bill, and shall upon having been passed or deemed to have been passed by both houses of the oireachtas, be submitted by referendum to the decision of the people in accordance with the law for the time being in force relating to the referendum. every such bill shall be expressed to be an act to amend the constitution. a bill containing a proposal or proposals for the amendment of this constitution shall not contain any other proposal. a bill containing a proposal for the amendment of this constitution shall be signed by the president forthwith upon his being satisfied that the provisions of this article have been complied with in respect thereof and that such proposal has been duly approved by the people in accordance with the provisions of section 1 of article 47 of this constitution and shall be duly promulgated by the president as a law. the referendum article 47 every proposal for an amendment of this constitution which is submitted by referendum to the decision of the people shall, for the purpose of article 46 of this constitution, be held to have been approved by the people, if, upon having been so submitted, a majority of the votes cast at such referendum shall have been cast in favour of its enactment into law. 2 every proposal, other than a proposal to amend the constitution, which is submitted by referendum to the decision of the people shall be held to have been vetoed by the people if a majority of the votes cast at such referendum shall have been cast against its enactment into law and if the votes so cast against its enactment into law shall have amounted to not less than thirty-three and one-third per cent of the voters on the register. every proposal, other than a proposal to amend the constitution, which is submitted by referendum to the decision of the people shall for the purposes of article 27 hereof be held to have been approved by the people unless vetoed by them in accordance with the provisions of the foregoing sub-section of this section. every citizen who has the right to vote at an election for members of dáil éireann shall have the right to vote at a referendum. subject as aforesaid, the referendum shall be regulated by law. repeal of constitution of saorstát éireann and continuance of laws article 48 the constitution of saorstát éireann in force immediately prior to the date of the coming into operation of this constitution and the constitution of the irish free state (saorstát éireann) act, 1922, in so far as that act or any provision thereof is then in force shall be and are hereby repealed as on and from that date. article 49 all powers, functions, rights and prerogatives whatsoever exercisable in or in respect of saorstát éireann immediately before the 11th day of december, 1936, whether in virtue of the constitution then in force or otherwise, by the authority in which the executive power of saorstát éireann was then vested are hereby declared to belong to the people. it is hereby enacted that, save to the extent to which provision is made by this constitution or may hereafter be made by law for the exercise of any such power, function, right or prerogative by any of the organs established by this constitution, the said powers, functions, rights and prerogatives shall not be exercised or be capable of being exercised in or in respect of the state save only by or on the authority of the government. the government shall be the successors of the government of saorstát éireann as regards all property, assets, rights and liabilities. article 50 subject to this constitution and to the extent to which they are not inconsistent therewith, the laws in force in saorstát éireann immediately prior to the date of the coming into operation of this constitution shall continue to be of full force and effect until the same or any of them shall have been repealed or amended by enactment of the oireachtas. laws enacted before, but expressed to come into force after, the coming into operation of this constitution, shall, unless otherwise enacted by the oireachtas, come into force in accordance with the terms thereof. preamble whereas the people of trinidad and tobago— have affirmed that the nation of trinidad and tobago is founded upon principles that acknowledge the supremacy of god, faith in fundamental human rights and freedoms, the position of the family in a society of free men and free institutions, the dignity of the human person and the equal and inalienable rights with which all members of the human family are endowed by their creator; respect the principles of social justice and therefore believe that the operation of the economic system should result in the material resources of the community being so distributed as to subserve the common good, that there should be adequate means of livelihood for all, that labour should not be exploited or forced by economic necessity to operate in inhumane conditions but that there should be opportunity for advancement on the basis of recognition of merit, ability and integrity; have asserted their belief in a democratic society in which all persons may, to the extent of their capacity, play some part in the institutions of the national life and thus develop and maintain due respect for lawfully constituted authority; recognise that men and institutions remain free only when freedom is founded upon respect for moral and spiritual values and the rule of law; desire that their constitution should enshrine the above-mentioned principles and beliefs and make provision for ensuring the protection in trinidad and tobago of fundamental human rights and freedoms; now, therefore, the following provisions shall have effect as the constitution of the republic of trinidad and tobago: preliminary 1. the state the republic of trinidad and tobago shall be a sovereign democratic state. trinidad and tobago shall comprise the island of trinidad, the island of tobago and any territories that immediately before the 31st day of august, 1962 were dependencies of trinidad and tobago, including the seabed and subsoil situated beneath the territorial sea and the continental shelf of trinidad and tobago (“territorial sea” and “continental shelf” here having the same meaning as in the territorial sea act, 1969 and the continental shelf act, 1969, respectively), together with such other areas as may be declared by act to form part of the territory of trinidad and tobago. 2. the supreme law this constitution is the supreme law of trinidad and tobago, and any other law that is inconsistent with this constitution is void to the extent of the inconsistency. 3. interpretation in this constitution— “the cabinet” means the cabinet constituted under this constitution; “the commonwealth” means trinidad and tobago, any country to which section 18 applies and any dependency of any such country; “court” means any court of law in trinidad and tobago other than a court martial and shall be construed as including the judicial committee; “financial year” means any period of twelve months beginning on the first day of january in any year or such other date as may be prescribed; “general election” means a general election of members to serve in the house of representatives; “house” means either the house of representatives or the senate as the context may require; “judge” includes the chief justice, a judge of appeal and a puisne judge; “judicial committee” means the judicial committee of the privy council established by the judicial committee act, 1833 of the united kingdom as from time to time amended by any act of parliament of the united kingdom; “law” includes any enactment, and any act or statutory instrument of the united kingdom that before the commencement of this constitution had effect as part of the law of trinidad and tobago, having the force of law and any unwritten rule of law; “oath” includes affirmation; “oath of allegiance” means the oath of allegiance set out in the first schedule or such other oath as may be prescribed; “parliament” means the parliament of trinidad and tobago; “parliamentary election” means an election of a member or members to serve in the house of representatives; “prescribed” means prescribed by or under an act of parliament; “public office” means an office of emolument in the public service; “public officer” means the holder of any public office and includes any person appointed to act in any such office; “public service” means subject to the provisions of subsections (4) and (5), the service of the government of trinidad and tobago 1[or of the tobago house of assembly established by section 3 of the tobago house of assembly act,] in a civil capacity; “service commission” means the judicial and legal service commission, the public service commission, the police service commission or the teaching service commission; “session” means, in relation to a house, the sittings of that house commencing when it first meets after this constitution comes into force or after the prorogation or dissolution of parliament at any time, and terminating when parliament is prorogued or is dissolved without having been prorogued; “sitting” means, in relation to a house, a period during which that house is sitting continuously without adjournment, and includes any period during which the house is in committee; “trinidad and tobago” has the meaning attributed to that expression in the trinidad and tobago independence act, 1962; “the former constitution” means the trinidad and tobago constitution set out in the second schedule to the trinidad and tobago (constitution) order-in-council, 1962. in this constitution— a reference to an appointment to any office shall be construed as including a reference to the appointment of a person to act in or perform the functions of that office at any time when the office is vacant or the holder thereof is unable (whether by reason of absence or infirmity of mind or body or any other cause) to perform the functions of that office; and a reference to the holder of an office by the term designating his office shall be construed as including a reference to any person for the time being lawfully acting in or performing the functions of that office. where by this constitution any person is directed, or power is conferred on any person or authority to appoint a person to perform the functions of an office if the holder thereof is unable to perform those functions, the validity of any performance of those functions by the person so directed or of any appointment made in exercise of that power shall not be called in question in any court on the ground that the holder of the office is not unable to perform the functions of the office. for the purposes of this constitution a person shall not be considered to hold an office in the public service by reason only that— he is in receipt of a pension or other like allowance in respect of public service; he holds the office of— president; speaker, president of the senate, deputy speaker or vice-president of the senate, minister, parliamentary secretary, member or temporary member of the senate or member of the house of representatives; ombudsman or member of the integrity commission or member of any other commission established by this constitution; judge or member of a superior court of record or any special judicial tribunal established by act of parliament or member of the public service appeal board; member of any board, commission, committee or similar body, whether incorporated or not, established by any enactment; member of the personal staff of the president. he is— a consultant or adviser appointed for specific purposes; or a person appointed on contract for a period not exceeding five years. where parliament so provides, a person shall not be considered for the purposes of this constitution or any part of this constitution to hold office in the public service by reason only that he is the holder of a special office established by or under an act. references in this constitution to the power to remove a public officer from his office shall be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service. any power conferred by any law to permit a person to retire from the public service shall, in the case of any public officer who may be removed from office by some person or authority other than a commission established by this constitution, vest in the public service commission. nothing in subsection (6) shall be construed as conferring on any person or authority power to require a judge or the auditor general to retire from the public service. where any power is conferred by this constitution to make any proclamation, order, rules or regulations or to give any directions, the power shall be construed as including a power exercisable in like manner to amend or revoke any such proclamation, order, rules regulations or directions. chapter 1. the recognition and protection of fundamental human rights and freedoms part 1. rights enshrined 4. recognition and declaration of rights and freedoms it is hereby recognised and declared that in trinidad and tobago there have existed and shall continue to exist without discrimination by reason of race, origin, colour, religion or sex, the following fundamental human rights and freedoms, namely:— the right of the individual to life, liberty, security of the person and enjoyment of property and the right not to be deprived thereof except by due process of law; the right of the individual to equality before the law and the protection of the law; the right of the individual to respect for his private and family life; the right of the individual to equality of treatment from any public authority in the exercise of any functions; the right to join political parties and to express political views; the right of a parent or guardian to provide a school of his own choice for the education of his child or ward; freedom of movement; freedom of conscience and religious belief and observance; freedom of thought and expression; freedom of association and assembly; and freedom of the press. 5. protection of rights and freedoms except as is otherwise expressly provided in this chapter and in section 54, no law may abrogate, abridge or infringe or authorise the abrogation, abridgement or infringement of any of the rights and freedoms hereinbefore recognised and declared. without prejudice to subsection (1), but subject to this chapter and to section 54, parliament may not— authorise or effect the arbitrary detention, imprisonment or exile of any person; impose or authorise the imposition of cruel and unusual treatment or punishment; deprive a person who has been arrested or detained— of the right to be informed promptly and with sufficient particularity of the reason for his arrest or detention; of the right to retain and instruct without delay a legal adviser of his own choice and to hold communication with him; of the right to be brought promptly before an appropriate judicial authority; of the remedy by way of habeas corpus for the determination of the validity of his detention and for his release if the detention is not lawful; authorise a court, tribunal, commission, board or other authority to compel a person to give evidence unless he is afforded protection against self-incrimination and, where necessary to ensure such protection, the right to legal representation; deprive a person of the right to a fair hearing in accordance with the principles of fundamental justice for the determination of his rights and obligations; deprive a person charged with a criminal offence of the right— to be presumed innocent until proved guilty according to law, but this shall not invalidate a law by reason only that the law imposes on any such person the burden of proving particular facts; to a fair and public hearing by an independent and impartial tribunal or; to reasonable bail without just cause; deprive a person of the right to the assistance of an interpreter in any proceedings in which he is involved or in which he is a party or a witness, before a court, commission, board or other tribunal, if he does not understand or speak english; or deprive a person of the right to such procedural provisions as are necessary for the purpose of giving effect and protection to the aforesaid rights and freedoms. part 2. exceptions for existing law 6. savings for existing law nothing in sections 4 and 5 shall invalidate— an existing law; an enactment that repeals and re-enacts an existing law without alteration; or an enactment that alters an existing law but does not derogate from any fundamental right guaranteed by this chapter in a manner in which or to an extent to which the existing law did not previously derogate from that right. where an enactment repeals and re-enacts with modifications an existing law and is held to derogate from any fundamental right guaranteed by this chapter in a manner in which or to an extent to which the existing law did not previously derogate from that right then, subject to sections 13 and 54, the provisions of the existing law shall be substituted for such of the provisions of the enactment as are held to derogate from the fundamental right in a manner in which or to an extent to which the existing law did not previously derogate from that right. in this section— “alters” in relation to an existing law, includes repealing that law and re-enacting it with modifications or making different provisions in place of it or modifying it; “existing law” means a law that had effect as part of the law of trinidad and tobago immediately before the commencement of this constitution, and includes any enactment referred to in subsection (1); “right” includes freedom. part 3. exceptions for emergencies 7. emergency powers without prejudice to the power of parliament to make provision in the premise, but subject to this section, where any period of public emergency exists, the president may, due regard being had to the circumstances of any situation likely to arise or exist during such period make regulations for the purpose of dealing with that situation and issue orders and instructions for the purpose of the exercise of any powers conferred on him or any other person by any act referred to in subsection (3) or instrument made under this section or any such act. without prejudice to the generality of subsection (1) regulations made under that subsection may, subject to section 11, make provision for the detention of persons. an act that is passed during a period of public emergency and is expressly declared to have effect only during that period or any regulations made under subsection (1) shall have effect even though inconsistent with sections 4 and 5 except in so far as its provisions may be shown not to be reasonably justifiable for the purpose of dealing with the situation that exists during that period. 8. period of public emergency subject to this section, for the purposes of this chapter, the president may from time to time make a proclamation declaring that a state of public emergency exists. a proclamation made by the president under subsection (1) shall not be effective unless it contains a declaration that the president is satisfied— that a public emergency has arisen as a result of the imminence of a state of war between trinidad and tobago and a foreign state; that a public emergency has arisen as a result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence or of infectious disease, or other calamity whether similar to the foregoing or not; or that action has been taken, or is immediately threatened, by any person, of such a nature and on so extensive a scale, as to be likely to endanger the public safety or to deprive the community or any substantial portion of the community of supplies or services essential to life. 9. grounds for, and initial duration of proclamation within three days of the making of the proclamation, the president shall deliver to the speaker for presentation to the house of representatives a statement setting out the specific grounds on which the decision to declare the existence of a state of public emergency was based, and a date shall be fixed for a debate on this statement as soon as practicable but in any event not later that fifteen days from the date of the proclamation. a proclamation made by the president for the purposes of and in accordance with this section shall, unless previously revoked, remain in force for fifteen days. 10. extension of proclamation before its expiration the proclamation may be extended from time to time by resolution supported by a simple majority vote of the house of representatives, so however, that no extension exceeds three months and the extensions do not in the aggregate exceed six months. the proclamation may be further extended from time to time for not more than three months at any one time, by a resolution passed by both houses of parliament and supported by the votes of not less than three-fifths of all the members of each house. the proclamation may be revoked at any time by a resolution supported by a simple majority vote of the house of representatives. in this chapter “period of public emergency” means any period during which— trinidad and tobago is engaged in any war; or there is in force a proclamation by the president declaring that a state of public emergency exists; or there is in force a resolution of both houses of parliament supported by the votes of not less than two-thirds of all the members of each house declaring that democratic institutions in trinidad and tobago are threatened by subversion. 11. detention of persons where any person who is lawfully detained by virtue only of such an act or regulations as is referred to in section 7 so requests at any time during the period of that detention and thereafter not earlier than six months after he last made such a request during that period, his case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the chief justice from among the persons entitled to practise in trinidad and tobago as barristers or solicitors. on any review by a tribunal in pursuance of subsection (1) of the case of any detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by whom it was ordered but, unless otherwise provided by law, that authority shall not be obliged to act in accordance with such recommendations. 12. publication where at any time it is impracticable or inexpedient to publish in the gazette any proclamation, notice, regulation or order in pursuance of this part, the president may cause the same to be published by notices thereof affixed to public buildings or distributed amongst the public or by oral public announcements. upon the publication of any proclamation under this part all such detention orders, curfew orders or other instruments, directions or instructions as are authorised to be made, issued or given by any regulations referred to in section 7 may be made, issued or given and executed upon any person or authority, even if such regulations have not yet been published pursuant to subsection (1). part 4. exceptions for certain legislation 13. acts inconsistent with sections 4 and 5 an act to which this section applies may expressly declare that it shall have effect even though inconsistent with sections 4 and 5 and, if any such act does so declare, it shall have effect accordingly unless the act is shown not to be reasonably justifiable in a society that has a proper respect for the rights and freedoms of the individual. an act to which this section applies is one the bill for which has been passed by both houses of parliament and at the final vote thereon in each house has been supported by the votes of not less than three-fifths of all the members of that house. for the purposes of subsection (2) the number of members of the senate shall, notwithstanding the appointment of temporary members in accordance with section 44, be deemed to be the number of members specified in section 40(1). part 5. general 14. enforcement of the protective provisions for the removal of doubts it is hereby declared that if any person alleges that any of the provisions of this chapter has been, is being, or is likely to be contravened in relation to him, then without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the high court for redress by way of originating motion. the high court shall have original jurisdiction— to hear and determine any application made by any person in pursuance of subsection (1), and to determine any question arising in the case of any person which is referred to it in pursuance of subsection (4), and may, subject to subsection (3), make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing, or securing the enforcement of, any of the provisions of this chapter to the protection of which the person concerned is entitled. the state liability and proceedings act, 1966 shall have effect for the purpose of any proceedings under this section. where in any proceedings in any court other than the high court or the court of appeal any question arises as to the contravention of any of the provisions of this chapter the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question to the high court unless in his opinion the raising of the question is merely frivolous or vexatious. any person aggrieved by any determination of the high court under this section may appeal therefrom to the court of appeal and shall be entitled as of right to a stay of execution of the order and may in the discretion of the court be granted bail. nothing in this section shall limit the power of parliament to confer on the high court or the court of appeal such powers as parliament may think fit in relation to the exercise by the high court or the court of appeal, as the case may be, of its jurisdiction in respect of the matters arising under this chapter. chapter 2. citizenship 15. continuation of citizenship of citizens under section 9 of former constitution any person who became a citizen by birth under section 9(1) or a citizen by descent under section 9(2) of the former constitution and who has not ceased to be a citizen under that constitution, shall continue to be a citizen under this constitution. 16. continuation of citizenship of citizens by registration, naturalization, etc any person who became a citizen of trinidad and tobago by virtue of registration under the former constitution or by virtue of an acquisition of citizenship under part ii of the trinidad and tobago citizenship act, 1962, and who has not ceased to be a citizen under any law in force in trinidad and tobago shall continue to be a citizen under this constitution. 17. acquisition of citizenship by birth or descent. continuation of citizenship. retrospective citizenship subject to subsection (2), every person born in trinidad and tobago after the commencement of this constitution shall become a citizen of trinidad and tobago at the date of his birth. a person shall not become a citizen of trinidad and tobago by virtue of subsection (1), if at the time of his birth— neither of his parents is a citizen of trinidad and tobago and either of them possesses such immunity from suit and legal process as is accorded to an envoy of a foreign sovereign power accredited to trinidad and tobago; or either of his parents is an enemy alien and the birth occurred in a place then under occupation by the enemy. a person born outside trinidad and tobago after the commencement of this constitution shall become a citizen of trinidad and tobago at the date of his birth if at that date either of his parents is, or was, but for his parent’s death, a citizen of trinidad and tobago otherwise than by descent, so however that, in the case of a person employed in service under the government or under an authority of the government that requires him to reside outside trinidad and tobago for the proper discharge of his functions, this subsection shall be read as if the words “otherwise than by descent” were deleted. any person who became a citizen by birth under section 12(1) or a citizen by descent under section 12(2) of the former constitution and who has not ceased to be a citizen under that constitution, shall continue to be a citizen under this constitution. a person born outside trinidad and tobago after the 30th august, 1962 whose mother was a citizen of trinidad and tobago otherwise than by descent at the date of his birth but who did not become a citizen at that date shall be deemed to have become a citizen at that date and shall continue to be a citizen of trinidad and tobago under this constitution. 18. commonwealth citizens every person who under this constitution or any act of parliament is a citizen of trinidad and tobago or, under any law for the time being in force in any country to which this section applies, is a citizen of that country shall, by virtue of that citizenship, have the status of a commonwealth citizen. every person who is a british subject without citizenship under the british nationality act, 1948 of the united kingdom or who continues to be a british subject under section 2 of that act or who is a british subject under the british nationality act, 1965 of the united kingdom shall, by virtue of that status, have the status of a commonwealth citizen. the countries to which this section applies are australia, the bahamas, bangladesh, barbados, botswana, canada, cyprus, fiji, the gambia, ghana, grenada, guyana, india, jamaica, kenya, lesotho, malawi, malaysia, malta, mauritius, nauru, new zealand, nigeria, sierra leone, singapore, sri lanka, swaziland, tanzania, tonga, uganda, united kingdom and colonies, western samoa and zambia. the president may from time to time, by order subject to affirmative resolution of the senate and the house of representatives amend subsection (3) by adding any commonwealth country thereto or by deleting any commonwealth country therefrom. 19. criminal liability of commonwealth citizens a commonwealth citizen who is not a citizen of trinidad and tobago, or a citizen of the republic of ireland who is not a citizen of trinidad and tobago, shall not be guilty of any offence against any law in force in trinidad and tobago by reason of anything done or omitted in any part of the commonwealth other than trinidad and tobago or in the republic of ireland or in any foreign country unless— the act or omission would be an offence if he were an alien; and in the case of an act or omission in any part of the commonwealth or in the republic of ireland, it would be an offence if the country in which the act was done or the omission made were a foreign country. in this section “foreign country” means a country (other than the republic of ireland) that is not part of the commonwealth. 20. powers of parliament parliament may make provisions relating to citizenship including provision— for the acquisition of citizenship of trinidad and tobago by persons who are not or do not become citizens of trinidad and tobago by virtue of the provisions of this chapter; for depriving of his citizenship of trinidad and tobago any citizen of trinidad and tobago but only on the acquisition of citizenship of some other country in the case of a citizen by birth or descent; or for the renunciation by any person of his citizenship of trinidad and tobago. 21. interpretation of chapter 2 in this chapter— “alien” means a person who is not a commonwealth citizen, a british protected person or a citizen of the republic of ireland; “british protected person” means a person who is a british protected person for the purposes of the british nationality act, 1948 of the united kingdom; “citizen by birth” means a person— who is a citizen of trinidad and tobago under section 17(1); or who became a citizen of trinidad and tobago under section 9(1) or 12(1) of the former constitution; “citizen by descent” means a person— who is a citizen of trinidad and tobago under section 17(3) or any enactment; or who became a citizen of trinidad and tobago under section 9(2) or 12(2) of the former constitution. . for the purposes of this chapter, a person born outside trinidad and tobago aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the government of any country, shall be deemed to have been born in the place in which the ship or aircraft has been registered or, as the case may be, in that country. chapter 3. the president 22. establishment of office and election of president there shall be a president of trinidad and tobago elected in accordance with the provisions of this chapter who shall be the head of state and commander-in-chief of the armed forces. 23. qualifications and disqualifications for office of president a person is qualified to be nominated for election as president if, and is not so qualified unless, he is a citizen of trinidad and tobago of the age of thirty-five years or upwards who at the date of his nomination has been ordinarily resident in trinidad and tobago for ten years immediately preceding his nomination. for the purposes of subsection (1) a person shall be deemed to reside in trinidad and tobago if he holds an office in the service of the government of trinidad and tobago and lives outside trinidad and tobago because he is required to do so for the proper discharge of his functions. a person is not qualified to be nominated for election as president who is disqualified for election as a member of the house of representatives by virtue of section 48(1) or any law made under section 48(2). 24. other conditions of office where a member of the senate or the house of representatives is elected as president, his seat in the senate or the house of representatives respectively, shall thereupon become vacant. except in the case of a person acting as, or performing the functions of president under section 27, but subject to sections 44(2) and 56(8), the president shall not hold any other office of emolument or profit whether in the public service or otherwise. the salary and allowances of a president and his other terms of service shall not be altered to his disadvantage after he has assumed office. 25. transitional provision the person holding the office of governor-general of trinidad and tobago at the commencement of this constitution shall hold the office of president under this constitution until a president is elected under the provisions of this chapter and assumes office. where at any time between the appointed day and the election of the first president of the senate under section 45, the president under subsection (1) is for any reason unable to perform the functions of president then, until the president under subsection (1) is again able to perform his functions as president those functions shall be performed by the person who last held the office of president of the senate under the former constitution. 26. holding of elections for president the speaker of the house of representatives shall be responsible for the holding of elections for president. the date of every election under this section shall be announced in the gazette by the speaker within such number of days in advance as may be prescribed. an election for president shall be held not more than one hundred and twenty days nor less than ninety days after the first sitting of the house of representatives under this constitution and the president who is so elected shall assume office on the expiration of thirty days next after his election. thereafter, an election for president shall be held not more than sixty days nor less than thirty days before the expiration of the term of that office. where the office of president becomes vacant under section 34 before the expiration of the term of that office prescribed by section 33, an election shall be held to fill the vacancy within ninety days of the occurrence of the vacancy. where the date for the assumption of office of a president falls on a sunday or public holiday the president shall assume office on the next following day that is not a sunday or public holiday. where the time limited for holding an election for president under subsection (3), (4) or (5) has not been complied with, parliament may make provision for an extension of the period during which elections may be held. 27. where office vacant where the office of president is vacant or the president is incapable of performing his functions as president by reason of his absence from trinidad and tobago or by reason of illness, the president of the senate shall act temporarily as president. where the president of the senate is for any reason unable to act as president under subsection (1) or section 36(2) the functions of president shall be performed by the speaker. where the speaker is for any reason unable to perform the functions of president under subsection (2), the vice-president of the senate shall perform those functions, so however that a meeting of the electoral college shall be held, upon the summons of the deputy speaker giving at least forty-eight hours notice thereof, within seven days of the vice-president of the senate commencing to perform the functions of president for the purpose of holding an election of a person to fill the vacancy in the office of president under section 26(5), or of a person to act temporarily as president during such period as the president is incapable of performing his functions. upon his election to fill the vacancy in the office of president under section 26(5) or to act temporarily as president during such period as the president is incapable of performing his functions in accordance with subsection (3) the person shall immediately assume office. 28. electoral college there shall be an electoral college for the purposes of this chapter which shall be a unicameral body consisting of all the members of the senate and all the members of the house of representatives assembled together. the electoral college shall be convened by the speaker. the speaker shall preside as chairman over the proceedings of the electoral college and shall have an original vote. subject to this chapter, the electoral college may regulate its own procedure and may make provision for the postponement or adjournment of its meetings and such other provisions as may be necessary to deal with difficulties that may arise in the carrying out of elections under this chapter. ten senators, the speaker and twelve other members of the house of representatives shall constitute a quorum of the electoral college. 29. mode of elections the president shall be elected by the electoral college voting by secret ballot. 30. nomination of candidates a person shall not be a candidate for election as president unless he is nominated for election by a nomination paper which— is signed by him and by twelve or more members of the house of representatives; and is delivered to the speaker at least seven days before the election. 31. procedure for balloting the candidate who is unopposed or who obtains the greatest number of the votes cast shall be declared elected. where the votes cast for two or more candidates are equally divided the speaker shall have and exercise a casting vote. 32. determination of questions as to election subject to subsection (2), an instrument which— in the case of an uncontested election for the office of president is signed and sealed by the speaker and states that a person named in the instrument was the only person nominated for the election and was in consequence declared elected; or in the case of a contested election is signed and sealed by the speaker and states that a person named in the instrument was declared elected at that meeting in consequence of the ballot, shall be conclusive evidence that the person so named was so elected, and no question as to the validity of the election of the person so named shall be inquired into in any court. the court of appeal shall have exclusive jurisdiction to hear and determine any question as to the validity of an election of a president in so far as that question depends upon the qualification of any person for election or the interpretation of this chapter, and the decision of that court under this subsection shall be final. parliament may make provisions with respect to the persons by whom, the manner in which and the conditions upon which the proceedings under subsection (2) may be instituted in the court of appeal and subject to any provisions so made, provisions may be made with respect to these matters by rules of court. until such provisions or rules are made the procedure for moving the court of appeal shall be by way of a representation petition. 33. term of office subject to this section and to sections 34 and 36, a president elected at an election under section 26(3) or (4) shall hold office for a term of five years. parliament may make provision for the postponement of the date of expiration of the term of office of the president under subsection (1), for a period not exceeding four months, in order to avoid the holding of an election for that office during a period of dissolution of parliament or at a time too close to the beginning or to the end of such a period. where for any reason at the date on which the term of office of the president is due to expire under subsection (1) or (2) there is no person entitled by election under section 26(4) to fill the office of president upon its expiration, the current term of that office shall continue until thirty days after a person is elected to the office of president whereupon the current term of that office shall expire. where a person is elected to fill a vacancy in the office of president in an election under section 26(5) he shall hold office only for the unexpired portion of the term of office of his predecessor. 34. vacation of office the office of president shall become vacant before the expiration of the term of his office as prescribed by section 33 where— the person holding that office dies or resigns the office by writing signed by him addressed to the house of representatives and delivered to the speaker; or he is removed from office under section 36. 35. removal from office the president may be removed from office under section 36 where— he wilfully violates any provision of the constitution; he behaves in such a way as to bring his office into hatred, ridicule or contempt; he behaves in a way that endangers the security of the state; or because of physical or mental incapacity, he is unable to perform the functions of his office. 36. procedure for removal from office the president shall be removed from office where— a motion that his removal from office should be investigated by a tribunal is proposed in the house of representatives; the motion states with full particulars the grounds on which his removal from office is proposed, and is signed by not less than one-third of the total membership of the house of representatives; the motion is adopted by the vote of not less than two-thirds of the total membership of the senate and the house of representatives assembled together; a tribunal consisting of the chief justice and four other judges appointed by him, being as far as practicable the most senior judges, investigate the complaint and report on the facts to the house of representatives; the senate and the house of representatives assembled together on the summons of the speaker consider the report and by resolution supported by the votes of not less than two-thirds of the total membership of the senate and the house of representatives assembled together declare that he shall be removed from office. where a motion is adopted as is provided for in subsection (1)(a), (b) and (c) the president shall cease to perform any of his functions as president and the president of the senate shall act temporarily as president. the procedure of the tribunal shall be such as is prescribed, but, subject to such procedure, the tribunal may regulate its own procedure. upon the adoption of the resolution in accordance with subsection (1)(c) the office shall become vacant. 37. oath first schedule a president shall before entering upon the duties of his office take and subscribe the oath of office set out in the first schedule, such oath being administered by the chief justice or such other judge as may be designated by the chief justice. subsection (1) shall apply to any person required under this constitution to perform the functions of the office of president as it applies to a person elected as such. 38. immunities of president subject to section 36, the president shall not be answerable to any court for the performance of the functions of his office or for any act done by him in the performance of those functions. without the fiat of the director of public prosecutions, no criminal proceedings shall be instituted or continued against the president in any court during his term of office and no process for the president’s arrest or imprisonment shall be issued from any court or shall be executed during his term of office. no civil proceedings in which relief is claimed against the president shall be instituted during his term of office in any court in respect of any act done by him in his personal capacity whether before or after he entered the office of president, except on the condition specified in subsection (4). the condition referred to in subsection (3) is that two months must elapse after a notice in writing has been served on him either by registered post or by being left at his office stating the nature of the proceedings, the cause of action, the name, description and address of the party instituting the proceedings and the relief claimed. a period of limitation prescribed by law shall not run in favour of the president in respect of a civil action during the period of two months after a notice in respect of that action has been served on him under subsection (4). chapter 4. parliament part 1. composition of parliament establishment 39. establishment of parliament there shall be a parliament of trinidad and tobago which shall consist of the president, the senate and the house of representatives. the senate 40. composition of senate the senate shall consist of thirty-one members (in this constitution referred to as “senators”) who shall be appointed by the president in accordance with this section. of the thirty-one senators— sixteen shall be appointed by the president acting in accordance with the advice of the prime minister; six shall be appointed by the president acting in accordance with the advice of the leader of the opposition; and nine shall be appointed by the president in his discretion from outstanding persons from economic or social or community organizations and other major fields of endeavour. 41. qualifications for appointment as senator subject to section 42, a person shall be qualified to be appointed as a senator if, and shall not be qualified to be so appointed unless, he is a citizen of trinidad and tobago of the age of twenty-five years or upwards. 42. disqualifications for appointment as senator no person shall be qualified to be appointed as a senator who— is a citizen of a country other than trinidad and tobago having become such a citizen voluntarily or is under a declaration of allegiance to such a country; is a member of the house of representatives, is an undischarged bankrupt having been adjudged or otherwise declared bankrupt under any law in force in trinidad and tobago; is mentally ill, within the meaning of the mental health act, 1975; is under sentence of death imposed on him by a court or is serving a sentence of imprisonment, by whatever name called, exceeding twelve months imposed on him by a court or substituted by competent authority for some other sentence imposed on him by a court, or is under such a sentence of imprisonment the execution of which has been suspended; is disqualified for membership of the house of representatives by virtue of any law in force in trinidad and tobago by reason of his having been convicted of any offence relating to elections; or is not qualified to be registered as an elector at a parliamentary election under any law in force in trinidad and tobago. parliament may provide that, subject to such exceptions and limitations, if any, as may be prescribed, a person shall be disqualified for membership of the senate by virtue of— his holding or acting in any office or appointment, either individually or by reference to a class of office or appointment; his belonging to any of the armed forces of the state or to any class of person that is comprised in any such force; or his belonging to any police force or to any class of person that is comprised in any such force. for the purposes of subsection (1)(e)— two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds twelve months, but if any one of such sentences exceeds that term they shall be regarded as one sentence; and no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine. 43. tenure of office of senators every senator shall vacate his seat in the senate at the next dissolution of parliament after his appointment. a senator shall also vacate his seat in the senate where— he is absent from the sittings of the senate for such period and in such circumstances as may be prescribed in the rules of procedure of the senate; with his consent, he is nominated as a candidate for election to the house of representatives, or he is elected to be a member of the house of representatives; he ceases to be a citizen of trinidad and tobago; subject to the provisions of subsection (3) any circumstances arise that, if he were not a senator, would cause him to be disqualified for appointment as such by virtue of subsection (1) of section 42 or any law enacted in pursuance of subsection (2) of that section; or the president, acting in accordance with the advice of the prime minister in the case of a senator appointed in accordance with that advice, or in accordance with the advice of the leader of the opposition in the case of a senator appointed in accordance with that advice, or in his discretion in the case of a senator appointed by him in his discretion, declares the seat of that senator to be vacant. where circumstances such as are referred to in subsection (2)(d) arise because a senator is under sentence of death or imprisonment, is mentally ill, declared bankrupt or convicted of an offence relating to elections, and where it is open to the senator to appeal against the decision, either with the leave of a court or other authority or without such leave, he shall forthwith cease to perform his functions as a senator, so however that, subject to the provisions of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafter. the president of the senate may, from time to time, extend that period for further periods of thirty days to enable the senator to pursue an appeal against the decision, so however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the senate. where on the determination of an appeal, such circumstances continue to exist and no further appeal is open to the senator, or where, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the senator to appeal, he shall forthwith vacate his seat. where at any time before the senator vacates his seat, such circumstances as are mentioned in this section cease to exist, his seat shall not become vacant on the expiration of the period referred to in subsection (3) and he may resume the performance of his functions as a senator. 44. appointment of temporary senators where a senator has temporarily vacated his office under subsection (2) or is incapable of performing his functions as a senator by virtue of the provisions of section 43(3) or by reason of— his absence from trinidad and tobago, or illness, the president may appoint a person qualified for appointment as a senator to be temporarily a member of the senate during such vacation of office, suspension, absence or illness. where the president of the senate or the vice-president of the senate is acting as, or temporarily performing the functions of, president in accordance with section 27 then, without prejudice to the power of the prime minister, the leader of the opposition, or the president, as the case may be, with respect to appointments under section 40(2), the person holding the office of president of the senate or vice-president of the senate shall vacate that office temporarily during such period as he is acting as, or temporarily performing the functions of, president. section 43(1) and (2) shall apply in relation to a person appointed under this section as they apply in relation to a senator, except that paragraph (d) of the said subsection (2) shall apply as if it were not expressed to be subject to subsection (3) of the said section 43, and an appointment made under this section shall in any case cease to have effect if the person appointed is notified by the president that the circumstances giving rise to his appointment have ceased to exist. in the exercise of the powers conferred upon him by this section the president shall act— in accordance with the advice of the prime minister in relation to a senator appointed in pursuance of section 40(2)(a); in accordance with the advice of the leader of the opposition in relation to a senator appointed in pursuance of section 40(2)(b); and in accordance with his own judgment in relation to a senator appointed by him pursuant to section 40(2)(c). 45. president and vice-president of the senate when the senate first meets after any general election and before it proceeds to the despatch of any other business, it shall elect a senator, to be president of the senate; and, if the office of president of the senate falls vacant at any time before the next dissolution of parliament, the senate shall, as soon as practicable, elect another senator to that office. when the senate first meets after any general election and before it proceeds to the despatch of any other business except the election of the president of the senate, it shall elect a senator to be vice-president of the senate; and if the office of vice-president of the senate falls vacant at any time before the next dissolution of parliament, the senate shall, as soon as convenient, elect another senator to that office. the senate shall not elect a senator who is a minister or parliamentary secretary to be the president of the senate or the vice-president of the senate. a person shall vacate the office of president of the senate or vice-president of the senate where— he ceases to be a senator; so however that the president of the senate shall not vacate his office by reason only that he has ceased to be a senator on a dissolution of parliament until the senate first meets after that dissolution; he is appointed to be a minister or a parliamentary secretary; he announces the resignation of his office to the senate or where, by writing under his hand addressed, in the case of the president of the senate, to the clerk of the senate, and in the case of the vice-president of the senate to the president of the senate (or, where the office of president of the senate is vacant or the president of the senate is absent from trinidad and tobago, to the clerk of the senate), he resigns that office. where, by virtue of section 43(3) the president of the senate or vice-president of the senate is required to cease to perform his functions as a senator he shall also cease to perform his functions as president of the senate or vice-president of the senate as the case may be, and those functions shall, until he vacates his seat in the senate or resumes the performance of the functions of his office, be performed— in the case of the president of the senate by the vice-president of the senate or if the office of vice-president of the senate is vacant or the vice-president of the senate is required to cease to perform his functions as a senator by virtue of section 43(3) by such senator not being a minister or parliamentary secretary, as the senate may elect for the purpose; in the case of the vice-president of the senate by such senator not being a minister or parliamentary secretary, as the senate may elect for the purpose. where the president of the senate or vice-president of the senate resumes the performance of his functions as a senator, in accordance with the provisions of section 43(6) he shall also resume the performance of his functions as president of the senate or vice-president of the senate, as the case may be. the house of representatives 46. composition of house of representatives subject to the provisions of this section, the house of representatives shall consist of members who shall be elected in the manner provided by parliament. there shall be thirty-six members of the house of representatives or such other number of members as corresponds with the number of constituencies as provided for by an order made by the president under section 72. where any person who is not a member of the house of representatives is elected to be speaker of the house he shall, by virtue of holding the office of speaker, be a member of the house in addition to the thirty-six or other number of members aforesaid. 47. qualifications for election as member subject to the provisions of section 48, a person shall be qualified to be elected as a member of the house of representatives if, and shall not be qualified to be so elected unless, he— is a citizen of trinidad and tobago of the age of eighteen years or upwards, and has resided in trinidad and tobago for a period of two years immediately before the date of his nomination for election or is domiciled and resident in trinidad and tobago at that date. 48. disqualifications for election as member no person shall be qualified to be elected as a member of the house of representatives who— is a citizen of a country other than trinidad and tobago having become such a citizen voluntarily, or is under a declaration of allegiance to such a country; is an undischarged bankrupt having been adjudged or otherwise declared bankrupt under any law in force in trinidad and tobago; is mentally ill, within the meaning of the mental health act, 1975; is under sentence of death imposed on him by a court or is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by a court or substituted by competent authority for some other sentence imposed on him by a court, or is under such a sentence of imprisonment the execution of which has been suspended; is disqualified for membership of the house of representatives by any law in force in trinidad and tobago by reason of his holding, or acting in, any office the functions of which involve:— any responsibility for, or in connection with, the conduct of any election, or any responsibility for the compilation or revision of any electoral register; is disqualified for membership of the house of representatives by virtue of any law in force in trinidad and tobago by reason of his having been convicted of any offence relating to elections; or is not qualified to be registered as an elector at a parliamentary election under any law in force in trinidad and tobago. parliament may provide that, subject to such exceptions and limitations, if any, as may be prescribed, a person may be disqualified for membership of the house of representatives by virtue of— his holding or acting in any office or appointment (either individually or by reference to a class of office or appointment); his belonging to any of the armed forces of the state or to any class of person that is comprised in any such force; or his belonging to any police force or to any class of person that is comprised in any such force. for the purposes of paragraph (d) of subsection (1)— two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds twelve months, but if any one of such sentences exceeds that term they shall be regarded as one sentence; and no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine. 49. tenure of office of members every member of the house of representatives shall vacate his seat in the house at the next dissolution of parliament after his election. a member of the house of representatives shall also vacate his seat in the house where— he resigns it by writing under his hand addressed to the speaker, or where the office of speaker is vacant or the speaker is absent from trinidad and tobago, to the deputy speaker; he is absent from the sittings of the house for such period and in such circumstances as may be prescribed in the rules of procedure of the house; he ceases to be a citizen of trinidad and tobago; subject to the provisions of subsection (3), any circumstances arise that, if he were not a member of the house of representatives, would cause him to be disqualified for election thereto by virtue of subsection (1) of section 48 or any law enacted in pursuance of subsection (2) of that section; having been a candidate of a party and elected to the house, he resigns from or is expelled by that party. where circumstances such as are referred to in paragraph (d) of subsection (2) arise because any member of the house of representatives is under sentence of death or imprisonment, is mentally ill, declared bankrupt or convicted of an offence relating to elections, and where it is open to the member to appeal against the decision, either with the leave of a court or other authority or without such leave, he shall forthwith cease to perform his functions as a member of the house so however, that subject to the provisions of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafter. the speaker may, from time to time, extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the house. where on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the member, or where, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or, for any other reason, it ceases to be open to the member to appeal, he shall forthwith vacate his seat. where at any time before the member of the house vacates his seat such circumstances as are mentioned in this section cease to exist his seat shall not become vacant on the expiration of the period referred to in subsection (3) and he may resume the performance of his functions as a member of the house. 49a. vacation of seat where member resigns or is expelled where circumstances such as are referred to in section 49(2)(e) arise, the leader in the house of representatives of the party as a candidate of which the member was elected, shall so inform the speaker in writing of those circumstances and the speaker shall, at the sitting of the house of representatives next after he is so informed, make a declaration that the member has resigned from or has been expelled by the party, as the case may be. where within a period of fourteen days of the declaration by the speaker the member does not institute legal proceedings to challenge the allegation that he has resigned or to challenge his expulsion, he shall vacate his seat at the end of the said period of fourteen days. where within fourteen days of the declaration by the speaker, the member institutes legal proceedings as aforesaid he shall not vacate his seat unless and until either the proceedings are withdrawn or the proceedings are finally determined by a decision upholding the resignation or expulsion, the decision being one that is not open to appeal or in respect of which the time allowed for an appeal has expired without an appeal being filed. from the date of the declaration by the speaker under subsection (1) the member shall cease to perform his functions as a member of the house of representatives and he shall resume the performance of such functions only if and when the legal proceedings referred to in subsection (3) are finally determined within the meaning of that subsection in favour of such member. standing orders shall make provision for the identification and recognition of the leader in the house of representatives of every party and for otherwise giving effect to this section. 50. speaker and deputy speaker when the house of representatives first meets after any general election and before it proceeds to the despatch of any other business, it shall elect a person to be the speaker of the house; and if the office of speaker falls vacant at any time before the next dissolution of parliament, the house shall, as soon as practicable, elect another person to that office. the speaker may be elected either from among the members of the house of representatives who are not ministers or parliamentary secretaries or subject to subsection (3), from among persons who are not members of either house. a person who is not a member of either house shall not be elected speaker where— he is not a citizen of trinidad and tobago; or he is a person disqualified for election as a member of the house of representatives by virtue of subsection (1) of section 48 or any law enacted in pursuance of subsection (2) of that section. when the house of representatives first meets after any general election and before it proceeds to the despatch of any other business except the election of the speaker, the house shall elect a member of the house, who is not a minister or a parliamentary secretary, to be deputy speaker of the house; and if the office of deputy speaker falls vacant at any time before the next dissolution of parliament, the house shall, as soon as practicable, elect another such member to that office. a person shall vacate the office of speaker or deputy speaker— in the case of a speaker elected from among the members of the house of representatives or in the case of the deputy speaker— where he ceases to be a member of the house, so however that the speaker shall not vacate his office by reason only that he has ceased to be a member of the house on a dissolution of parliament, until the house first meets after that dissolution; where he is appointed to be a minister or a parliamentary secretary; in the case of a speaker elected from among persons who are not members of either house— when the house first meets after any dissolution of parliament; where he ceases to be a citizen of trinidad and tobago; or where any circumstances arise that would cause him to be disqualified for election as a member of the house by virtue of subsection (1) of section 48 or any law enacted in pursuance of subsection (2) of that section; where he announces the resignation of his office to the house of representatives or if by writing under his hand addressed, in the case of the speaker to the clerk of the house and in the case of the deputy speaker to the speaker, or, if the office of speaker is vacant or the speaker is absent from trinidad and tobago, to the clerk of the house, he resigns that office; or in the case of the deputy speaker, where he is elected to be speaker. where, by virtue of section 49(3) the speaker or deputy speaker is required to cease to perform his functions as a member of the house of representatives or where, in the case of the speaker, by reason of circumstances referred to in subsection (8) [or (9)], he has temporarily vacated his office, he shall also cease to perform his functions as speaker or deputy speaker, as the case may be, and those functions shall, until he vacates his seat in the house or resumes the performance of the functions of his office, be performed— in the case of the speaker, by the deputy speaker or, if the office of deputy speaker is vacant or the deputy speaker is required to cease to perform his functions as a member of the house of representatives by virtue of section 49(3) by such member of the house, not being a minister or parliamentary secretary, as the house may elect for the purpose; in the case of the deputy speaker, by such member of the house not being a minister of parliamentary secretary, as the house may elect for the purpose. where the speaker or deputy speaker resumes the performance of his functions as a member of the house, in accordance with the provisions of section 49(3) he shall also resume the performance of his functions as speaker or deputy speaker, as the case may be. where the speaker is acting as or performing the functions of president under section 27, he shall vacate the office of speaker temporarily during such period as he is acting as, or temporarily performing the functions of, president. upon delivery by the clerk of the house to the speaker of a resolution signed by a majority of the members of the house that the speaker be removed from office, (hereinafter referred to as “the resolution”) the speaker shall vacate his office temporarily and cease to perform his functions as speaker. the resolution shall state the grounds on which the speaker’s removal from office is proposed. the speaker may, within twenty-one days of the delivery of the resolution, supply to the clerk of the house in writing any grounds on which he resists his removal from office, and the clerk of the house shall supply a copy thereof to each member of the house. unless a motion in support of the resolution is moved in the house— within fourteen days of the receipt by the clerk of the house of the grounds supplied by the speaker; or where no such grounds have been supplied, within fourteen days of the time prescribed therefor, the speaker shall resume the performance of his functions as speaker. for the purposes of subsection (9) a resolution left at the office of the speaker shall be deemed to be delivered at the time it is so left. where the motion in subsection (12) is passed, the clerk of the house shall within seven days of the passing of the motion referred to in subsection (12) transmit the records of proceedings in the house to a special tribunal comprising a chairman and two other members appointed by the president after consultation with the prime minister and the leader of the opposition, (hereinafter referred to as “the tribunal”). the record shall include the resolution, the grounds supplied by the speaker and the speeches made by members of the house upon debate of the resolution. the tribunal shall review the record and within twenty-one (21) days of its receipt of the record shall make a recommendation to the house accompanied by a brief statement of its reasons therefor either— confirming that the speaker should vacate office; or withholding confirmation. where the tribunal confirms that the speaker should vacate office the speaker shall do so immediately upon delivery to him of the confirmation of the tribunal by the clerk of the house. where the tribunal withholds confirmation the house by resolution may resolve not to follow the recommendation of the tribunal and to confirm the motion that the speaker should vacate office and where such a resolution is passed the speaker shall vacate his office immediately. during the period of review by the tribunal the speaker shall not resume performance of his functions as speaker. 51. qualifications of voters subject to such disqualifications as parliament may prescribe, a person shall be qualified to vote at an election of members to serve in the house of representatives if, and shall not be qualified to vote at such an election unless, he— is a commonwealth citizen (within the meaning of section 18) of the age of eighteen years or upwards; and has such other qualifications regarding residence or registration as may be prescribed. general 52. determination of questions as to membership any question whether:— any person has been validly appointed as a senator or validly elected as a member of the house of representatives; any senator or member of the house of representatives has vacated his seat or is required, under the provisions of section 43(3) or section 49(3) to cease to exercise any of his functions as a senator or as a member of the house of representatives; or any person has been validly elected as speaker of the house of representatives from among persons who are not senators or members of the house of representatives, shall be determine by the high court. proceedings for the determination of any question referred to in subsection (1) shall not be instituted except with the leave of a judge of the high court. an appeal shall lie to the court of appeal from— the decision of a judge of the high court granting or refusing leave to institute proceedings for the determination of any question referred to in subsection (1); the determination by the high court of any such question. no appeal shall lie from any decision of the court of appeal given in an appeal brought in accordance with subsection (3). part 2. powers, privileges and procedure of parliament 53. power to make laws parliament may make laws for the peace, order and good government of trinidad and tobago, so however that the provisions of this constitution or (in so far as it forms part of the law of trinidad and tobago) the trinidad and tobago independence act, 1962 of the united kingdom may not be altered except in accordance with the provisions of section 54. 54. alteration of this constitution subject to the provisions of this section, parliament may alter any of the provisions of this constitution or (in so far as it forms part of the law of trinidad and tobago) any of the provisions of the trinidad and tobago independence act, 1962. in so far as it alters— sections 4 to 14, 20(b), 21, 43(1), 53, 58, 67(2), 70, 83, 101 to 108, 110, 113, 116 to 125 and 133 to 137; or section 3 in its application to any of the provisions of this constitution specified in paragraph (a), a bill for an act under this section shall not be passed by parliament unless at the final vote thereon in each house it is supported by the votes of not less than two-thirds of all the members of each house. in so far as it alters— this section; sections 22, 23, 24, 26, 28 to 34, 38 to 40, 46, 49(1), 51, 55, 61, 63, 64, 68, 69, 71, 72, 87 to 91, 93, 96(4) and (5), 97, 109, 115, 138, 139 or the second and third schedules; section 3 in its application to any of the provisions specified in paragraph (a) or (b); or any of the provisions of the trinidad and tobago independence act, 1962, a bill for an act under this section shall not be passed by parliament unless it is supported at the final vote thereon— in the house of representatives by the votes of not less than three-fourths of all the members of the house; and in the senate by the votes of not less than two-thirds of all the members of the senate. for the purposes of subsections (2) and (3) the number of members of the senate shall, even though circumstances requiring the appointment of temporary members in accordance with section 44(1) have arisen, continue to be the number of members specified in section 40(1). no act other than an act making provision for any particular case or class of case, inconsistent with provisions of this constitution, not being those referred to in subsections (2) and (3), shall be construed as altering any of the provisions of this constitution, or (in so far as it forms part of the law of trinidad and tobago) any of the provisions of the trinidad and tobago independence act, 1962, unless it is stated in the act that it is an act for that purpose. in this section references to the alteration of any of the provisions of this constitution or the trinidad and tobago independence act, 1962, include references to repealing it, with or without re-enactment thereof or the making of different provisions in place thereof or the making of provision for any particular case or class of case inconsistent therewith, to modifying it and to suspending its operation for any period. 55. privileges and immunities of parliament subject to the provisions of this constitution and to the rules and standing orders regulating the procedure of the senate and house of representatives, there shall be freedom of speech in the senate and house of representatives. no civil or criminal proceedings may be instituted against any member of either house for words spoken before, or written in a report to, the house of which he is a member or in which he has a right of audience under section 62 or a committee thereof or any joint committee or meeting of the senate and house of representatives or by reason of any matter or thing brought by him therein by petition, bill, resolution, motion or otherwise; or for the publication by or under the authority of either house of any report, paper, votes or proceedings. in other respects, the powers, privileges and immunities of each house and of the members and the committees of each house, shall be such as may from time to time be prescribed by parliament after the commencement of this constitution and until so defined shall be those of the house of commons of the parliament of the united kingdom and of its members and committees at the commencement of this constitution. a person called to give any evidence before either house or any committee shall enjoy the same privileges and immunities as a member of either house. 56. regulation of procedure in each house subject to the provisions of this constitution, each house may regulate its own procedure. each house may act notwithstanding any vacancy in its membership (including any vacancy not filled when the house first meets after the commencement of this constitution or after any dissolution of parliament), and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the house shall not invalidate those proceedings. 57. oath of allegiance no member of either house shall take part in the proceedings of that house (other than proceedings necessary for the purposes of this section) until he has made and subscribed before that house the oath of allegiance, so however, that the election of a speaker and deputy speaker of the house of representatives and the election of a president of the senate and vice-president of the senate may take place before the members of the house of representatives, or the members of the senate, as the case may be, have made and subscribed such oath. 58. presiding in senate and house of representatives the president of the senate or, in his absence, the vice-president of the senate or, where they are both absent, a senator, not being a minister or a parliamentary secretary, elected by the senate for that sitting shall preside at each sitting of the senate. the speaker or, in his absence, the deputy speaker or, where they are both absent, a member of the house of representatives, not being a minister or a parliamentary secretary, elected by the house for that sitting shall preside at each sitting of the house. references in this section to circumstances in which the president of the senate or vice-president of the senate, speaker or deputy speaker is absent include references to circumstances in which the office of president of the senate or vice-president of the senate, speaker or deputy speaker is vacant. 59. voting save as otherwise provided in this constitution, all questions proposed for decision in either house shall be determined by a majority of the votes of the members thereof present and voting. the president of the senate or other member presiding in the senate shall not vote unless on any question the votes are equally divided, in which case he shall have and exercise a casting vote. the speaker or other member presiding in the house of representatives shall not vote unless on any question the votes are equally divided, in which case he shall have and exercise a casting vote. 60. quorum a quorum of the house of representatives shall consist of twelve members of the house and a quorum of the senate shall consist of ten senators, so however that the person presiding at the sitting of either house shall not be included in reckoning whether there is a quorum of that house present. where at any sitting of either house any member of the house who is present draws the attention of the person presiding at the sitting of the absence of a quorum and, after such interval as may be prescribed by that house, the person presiding at the sitting ascertains that a quorum of the house is still not present the house shall be adjourned. 61. mode of exercising legislative power subject to the provisions of this constitution, the power of parliament to make laws shall, except where otherwise authorised by statute, be exercised by bills passed by the house of representatives and the senate and assented to by the president. when a bill is presented to the president for assent, he shall signify that he assents or that he withholds assent. a bill shall not become law unless it has been duly passed and assented to in accordance with this constitution. a bill may be assented to during the period occurring between the end of one session of parliament and the beginning of the next or at any subsequent time during the life of that parliament. 62. attendance of ministers in either house a minister who is a member of the house of representatives and a minister who is a senator— has the right to attend any sitting of the senate or the house of representatives, respectively, may be required at the instance of the president of the senate or the speaker to attend any sitting of senate or the house of representatives, respectively. a minister may not be required to attend any sitting of either house under subsection 1(b) except on the adoption by that house of a motion for the purpose. a minister attending any sitting of the senate or the house of representatives under subsection (1) may take part in any debate or other proceedings concerning matters falling within his portfolio in such house and may speak on any motion before the house concerning such matters and move amendments to any such motions, save that such a minister shall have no vote thereon. nothing in this section shall preclude the attorney general from attending any sitting of the senate or the house of representatives, as the case may be, and taking part in debates and other proceedings and speaking on any motion before any such house, as the case may be, and moving amendments to any such motions even though the matter falls within the portfolio of some other minister. 63. introduction of bills, etc a bill other than a money bill may be introduced in either house; a money bill shall not be introduced in the senate. except on the recommendation or with the consent of the cabinet neither house shall— proceed upon any bill, including any amendment to a bill, which, in the opinion of the person presiding, makes provision for any of the following purposes— for imposing or increasing any tax; for imposing or increasing any charge on the revenues or other funds of trinidad and tobago or for altering any such charge otherwise than by reducing it; or for compounding or remitting any debt due to trinidad and tobago; proceed upon any motion, including any amendment to a motion, the effect of which, in the opinion of the person presiding, would be to make provision for any of the purposes aforesaid; or receive any petition which, in the opinion of the person presiding, requests that provision be made for any of the purposes aforesaid. 64. restrictions on powers of senate as to money bills where a money bill, having been passed by the house of representatives and sent to the senate at least one month before the end of the session, is not passed by the senate without amendment within one month after it is sent to the senate, the bill shall, unless the house of representatives otherwise resolves, be presented to the president for assent notwithstanding that the senate has not consented to the bill. there shall be endorsed on every money bill when it is sent to the senate the certificate of the speaker signed by him that it is a money bill; and there shall be endorsed on any money bill that is presented to the president for assent in pursuance of subsection (1), the certificate of the speaker signed by him that it is a money bill and that the provisions of that subsection have been complied with. 65. restrictions on powers of senate as to bills other than money bills where any bill other than a money bill is passed by the house of representatives in two successive sessions, whether or not parliament is dissolved between those sessions, and, having been sent to the senate in each of those sessions at least one month before the end of the session, is rejected by the senate in each of those sessions that bill shall, on its rejection for the second time by the senate, unless the house of representatives otherwise resolves, be presented to the president for assent notwithstanding that the senate has not consented to the bill. nothing in subsection (1) shall have effect until at least six months have elapsed between the date on which the bill is passed by the house of representatives in the first session and the date on which it is passed by that house in the second session. for the purposes of this section a bill that is sent to the senate from the house of representatives in any session shall be deemed to be the same bill as a former bill sent to the senate in the preceding session if, when it is sent to the senate, it is identical with the former bill or contains only such alterations as are certified by the speaker to be necessary owing to the time that has elapsed since the date of the former bill or to represent any amendments which have been made by the senate in the former bill in the preceding session. the house of representatives may, if it thinks fit, on the passage through that house of a bill that is deemed to be the same bill as a former bill sent to the senate in the preceding session, suggest any amendments without inserting the amendments in the bill, and any such amendments shall be considered by the senate, and, if agreed to by the senate, shall be treated as amendments made by the senate and agreed to by the house of representatives; but the exercise of this power by the house of representatives shall not affect the operation of this section in the event of the rejection of the bill in the senate. for the purposes of this section a bill shall be deemed to be rejected by the senate where— it is not passed by the senate without amendments; or it is passed by the senate with any amendment that is not agreed to by the house of representatives. there shall be inserted in any bill that is presented to the president for assent in pursuance of this section any amendments that are certified by the speaker to have been made in the bill by the senate in the second session and agreed to by the house of representatives. there shall be endorsed on any bill that is presented to the president for assent in pursuance of this section the certificate of the speaker signed by him that the provisions of this section have been complied with. the provisions of this section shall not apply to a bill for an act which is required by section 13 or section 54 to be supported at the final vote thereon in the senate by the votes of not less than three-fifths or two-thirds respectively of all the members of the senate. 66. provisions relating to sections 63, 64 and 65 in sections 63, 64 and 65 “money bill” means a public bill which, in the opinion of the speaker, contains only provisions dealing with all or any of the following matters, namely:— the imposition, repeal, remission, alteration or regulation of taxation; the imposition, for the payment of debt or other financial purposes, of charges on public money or the variation or repeal of any such charges; the grant of money to the state or to any authority or person, or the variation or revocation of any such grant; the appropriation, receipt, custody, investment, issue or audit of accounts of public money; the raising or guarantee of any loan or the repayment thereof, or the establishment, alteration, administration or abolition of any sinking fund provided in connection with any such loan; or subordinate matters incidental to any of the matters referred to in this subsection. in subsection (1) the expressions “taxation”, “debt”, “public money” and “loan” do not include any taxation imposed, debt incurred or money provided or loan raised by any local authority or body for local purposes. where the office of speaker is vacant or the speaker is for any reason unable to perform any function conferred upon him by section 64 or 65 or subsection (1) that function may be performed by the deputy speaker. a certificate of the speaker or the deputy speaker under section 64 or 65 shall be conclusive for all purposes and shall not be questioned in any court. before giving any certificate under section 64 or 65 the speaker or the deputy speaker, as the case may be, shall consult the attorney general or, if the attorney general is absent from the seat of government, such legal officer in the ministry of legal affairs as the attorney general may designate for that purpose. 66a. appointment of certain select or joint select committees subject to subsection (2), it is hereby declared that— in addition to any other joint select committee which parliament is empowered to appoint under its standing orders, parliament shall, within one calendar month— after the commencement of the constitution (amendment) act, 1999; of the first meeting of the house of representatives after any general election, or such time as the parliament may resolve not being later than three months thereafter, appoint joint select committees, to inquire into and report to both houses of parliament in respect of— government ministries; municipal corporations; statutory authorities; enterprises owned or controlled by or on behalf of the state or which received funding from the state of more than two thirds of its total income in any one year; and service commissions, in relation to their administration, the manner of the exercise of their powers, their methods of functioning and any criteria adopted by them in the exercise of their powers and functions; for the purpose of this section, an enterprise shall be taken to be controlled by the state if the government or any body controlled by the government— exercises or is entitled to exercise control directly or indirectly over the affairs of the enterprise; is entitled to appoint a majority of the directors of the board of directors of the enterprise; or holds at least fifty per cent of the ordinary share capital of the enterprise, as the case may be; a committee appointed for the purposes set out in paragraph (a) may— appoint sub-committees from among its members and delegate any of its powers to such subcommittee; adjourn from place to place; appoint specialist advisers to assist them in their deliberations; subject to any order of the house or resolution of a committee, the sitting of a committee shall be held in public; a committee appointed for the purposes set out in paragraph (a) shall make a report of its opinion and observations which shall be laid in both houses of parliament. a joint select committee in exercising its powers under subsection (1) shall not enquire into the validity of the exercise of the functions of a body referred to in subsection (1)(a) nor modify, alter, rescind or in any way interfere with the decisions of any such body. subject to this section, the standing orders, of the senate and the house of representatives shall apply to a committee appointed under this section. subject to the standing orders, of parliament, a committee may regulate its own procedure. 66b. reports of service commissions each service commission shall submit to the president, before 1st october in each year, a report on its administration, the manner of the exercise of its powers, its methods of functioning and any criteria adopted by it in the exercise of its powers and functions in the previous year and the president shall cause the report to be laid within sixty days thereafter in each house. 66c. applicability of the judicial and legal service commission sections 66a and 66b shall not apply to the judicial and legal service commission. the judicial and legal service commission shall submit to the president before 1st october, in each year, commencing in the year 2000, a report on the exercise of its functions and powers in the previous year, describing the procedures followed and any criteria adopted by it in connection therewith, and the president shall cause the report to be laid within sixty days thereafter in each house. 66d. report of government ministries, etc a body listed at (a) to (d) in 66a(1)(a) shall submit to the president before 1st july, in each year a report on the exercise of its functions and powers in the previous year, describing the procedures followed and any criteria adopted by it in connection therewith and the president shall cause the report to be laid within sixty days thereafter in each house. part 3. summoning, prorogation and dissolution 67. sessions of parliament each session of parliament shall be held at such place within trinidad and tobago and shall commence at such time as the president may by proclamation appoint. there shall be a session of each house once at least in every year, so that a period of six months shall not intervene between the last sitting of parliament in one session and the first sitting thereof in the next session. 68. prorogation and dissolution of parliament the president, acting in accordance with the advice of the prime minister, may at any time prorogue or dissolve parliament. subject to subsection (3), parliament, unless sooner dissolved, shall continue for five years from the date of its first sitting after any dissolution, and shall then stand dissolved. at any time when trinidad and tobago is at war, parliament may extend the period of five years specified in subsection (2) for not more than twelve months at a time; so however that the life of parliament shall not be extended under this subsection for more than five years. where, between a dissolution of parliament and the next ensuing general election of members to the house of representatives, an emergency arises of such a nature that in the opinion of the prime minister, it is necessary for the two houses to be summoned before that general election can be held, the president, acting in accordance with the advice of the prime minister, may summon the two houses of the preceding parliament but the election of members of the house of representatives shall proceed and the parliament that has been summoned shall, if not sooner dissolved, again stand dissolved on the day on which the general election is held. 69. general elections and appointment of senators a general election of members of the house of representatives shall be held at such time within three months after every dissolution of parliament as the president, acting in accordance with the advice of the prime minister, shall appoint. as soon as practicable after every general election, the president shall proceed under section 40 to the appointment of senators. where a vacancy occurs in the house of representatives within the first four years of the life of the parliament a bye-election shall be held to fill such vacancy [not later than ninety days from the date of the announcement by the speaker of the vacancy. part 4. elections and boundaries commission 70. constituencies trinidad and tobago shall be divided into thirty-six constituencies or such other number as may be provided for by an order made by the president in accordance with the provisions of this part and each such constituency shall return one member to the house of representatives. not less than two such constituencies shall be in the island of tobago. 71. elections and boundaries commission there shall be an elections and boundaries commission for trinidad and tobago (in this part referred to as “the commission”). the members of the commission shall be a chairman and not less than two nor more than four other members. the chairman and other members of the commission shall be appointed by the president, after consultation with the prime minister and the leader of the opposition. a person shall not be qualified to hold office as a member of the commission who is a minister, a parliamentary secretary, a member of the house of representatives, a senator, a temporary member of the senate, or a public officer. subject to the provisions of this section, a member of the commission shall vacate his office— at the expiration of five years from the date of his appointment, but is eligible for reappointment; or where any circumstances arise, that, if he were not a member of the commission, would cause him to be disqualified for appointment as such. three members of the commission shall constitute a quorum. where there is a quorum, the commission shall not be disqualified for the transaction of business by reason of any vacancy among its members, and any proceeding of the commission shall be valid even though some person who was not entitled so to do took part therein. the commission may regulate its own procedure. the commission shall be provided with a staff adequate for the efficient discharge of its functions. the salaries and allowances of the staff of the commission shall be a charge on the consolidated fund. the registration of voters and the conduct of elections in every constituency shall be subject to the direction and supervision of the commission. in the exercise of its functions under this section the commission shall not be subject to the direction or control of any other person or authority. 72. procedure for review of constituency boundaries the commission shall, in accordance with the provisions of this section, review the number and boundaries of the constituencies into which trinidad and tobago is divided and submit to the prime minister and the speaker for presentation to the house of representatives in accordance with this section reports either— showing the constituencies into which it recommends that trinidad and tobago should be divided in order to give effect to the rules set out in the second schedule; or stating that, in the opinion of the commission, no alteration is required to the existing number or boundaries of constituencies in order to give effect to the said rules. reports under subsection (1) shall be submitted by the commission not less than two nor more than five years from the date of the submission of its last report. as soon as may be after the commission has submitted a report under subsection (1)(a) the minister designated by the prime minister for this purpose (in this section called “the minister”) shall lay before the house of representatives for its approval the draft of an order by the president for giving effect, whether with or without modifications, to the recommendations contained in the report, and that draft may make provision for any matters which appear to the minister to be incidental to or consequential upon the other provisions of the draft. where any draft made under this section gives effect to any such recommendations with modifications, the minister shall lay before the house of representatives together with the draft a statement of the reasons for the modifications. where the motion for the approval of any draft made under this section is rejected by the house of representatives, or is withdrawn by leave of that house, the minister shall amend the draft and lay the amended draft before the house of representatives. where any draft made under this section is approved by resolution of the house of representatives, the minister shall submit it to the president who shall make the order in terms of the draft; and that order shall come into force on such day as may be specified therein and, until revoked by a further order made by the president in accordance with the provisions of this section, shall have the force of law. the question of the validity of any order by the president purporting to be made under this section and reciting that a draft thereof has been approved by resolution of the house of representatives shall not be enquired into in any court. part 5. system of balloting 73. system of balloting the election of members of the house of representatives shall be by secret ballot and in accordance with the first-past-the-post system. for the purposes of subsection (1), the votes shall be cast in ballot boxes of a design calculated to ensure their efficiency and reliability. chapter 5. executive powers 74. executive authority of trinidad and tobago the executive authority of trinidad and tobago shall be vested in the president and, subject to this constitution, may be exercised by him either directly or through officers subordinate to him. without prejudice to the generality of subsection (1), the supreme command of the armed forces of trinidad and tobago shall be vested in the president and the exercise of this power shall be regulated by law. nothing in this section shall prevent parliament from conferring functions on persons or authorities other than the president. 75. the cabinet there shall be a cabinet for trinidad and tobago which shall have the general direction and control of the government of trinidad and tobago and shall be collectively responsible therefor to parliament. the cabinet shall consist of the prime minister and such number of other ministers (of whom one shall be the attorney general), appointed in accordance with the provisions of section 76, as the prime minister may consider appropriate. 76. appointment of ministers where there is occasion for the appointment of a prime minister, the president shall appoint as prime minister— a member of the house of representatives who is the leader in that house of the party which commands the support of the majority of members of that house; or where it appears to him that that party does not have an undisputed leader in that house or that no party commands the support of such a majority, the member of the house of representatives who, in his judgment, is most likely to command the support of the majority of members of that house; and who is willing to accept the office of prime minister. the attorney general shall, subject to section 79, be responsible for the administration of legal affairs in trinidad and tobago and legal proceedings for and against the state shall be taken— in the case of civil proceedings, in the name of the attorney general; in the case of criminal proceedings, in the name of the state. the ministers other than the prime minister shall be such persons as the president, acting in accordance with the advice of the prime minister, shall appoint from among the members of the house of representatives and the senators. where occasion arises for making an appointment to the office of prime minister while parliament is dissolved, a person who, at the time of the appointment, is a minister, may be appointed as prime minister. where occasion arises for making an appointment to the office of minister while parliament is dissolved, a person who immediately before the dissolution, was a senator or a member of the house of representatives may be appointed minister. 77. tenure of office of ministers where the house of representatives passes a resolution, supported by the votes of a majority of all the members of the house, declaring that it has no confidence in the prime minister and the prime minister does not within seven days of the passing of such a resolution either resign or advise the president to dissolve parliament, the president shall revoke the appointment of the prime minister. the prime minister shall also vacate his office— when after any dissolution of parliament he is informed by the president that the president is about to re-appoint him as prime minister or to appoint another person as prime minister; or where for any reason other than a dissolution of parliament he ceases to be a member of the house of representatives. a minister other than the prime minister shall vacate his office— when any person is appointed or reappointed as prime minister; where for any reason other than a dissolution of parliament he ceases to be a member of the house from among the members of which he was appointed; where his appointment is revoked by the president acting in accordance with the advice of the prime minister. where at any time the prime minister is required under the provisions of section 49 (3) to cease to perform his functions as a member of the house of representatives, he shall cease during such time to perform any of his functions as prime minister. where at any time a minister other than the prime minister is required under section 43(3) or section 49(3) to cease to perform his functions as a member of the house to which he belongs, he shall cease during such time to perform any of his functions as minister. 78. performance of functions of prime minister during absence, illness or suspension where the prime minister is absent from trinidad and tobago or is unable by reason of illness or of the provisions of section 77(4) to perform the functions conferred on him by this constitution, the president may authorise some other member of the cabinet to perform those functions (other than the functions conferred by subsection (2)) and that member may perform those functions until his authority is revoked by the president. the powers of the president under this section shall be exercised by him in accordance with the advice of the prime minister, save that where the president considers that it is impracticable to obtain the advice of the prime minister owing to his absence or illness, or where the prime minister is unable to tender advice by reason of the provisions of section 77(4) the president may exercise those powers without the advice of the prime minister. 79. allocation of portfolios to ministers the president, acting in accordance with the advice of the prime minister, may, by directions in writing, assign to the prime minister or any other minister responsibility for any business of the government of trinidad and tobago, including the administration of any department of government. where a minister is incapable of performing his functions by reason of his absence from trinidad and tobago or by reason of illness the president, acting in accordance with the advice of the prime minister, may appoint a member of the house of representatives or a senator to act in the office of such minister during such absence or illness. 80. exercise of president’s functions in the exercise of his functions under this constitution or any other law, the president shall act in accordance with the advice of the cabinet or a minister acting under the general authority of the cabinet, except in cases where other provision is made by this constitution or such other law, and, without prejudice to the generality of this exception, in cases where by this constitution or such other law he is required to act— in his discretion; after consultation with any person or authority other than the cabinet; or in accordance with the advice of any person or authority other than the cabinet. where by this constitution the president is required to act in accordance with the advice of, or after consultation with, any person or authority, the question whether he has in any case so acted shall not be enquired into in any court. without prejudice to any other case in which the president is authorised or required to act in his discretion, the president shall act in accordance with his own deliberate judgment in the performance of the following functions— in the exercise of the power to appoint the prime minister conferred upon him by section 76(1) or (4); in the exercise of the powers conferred upon him by section 78 (which relates to the performance of the functions of the prime minister during absence, illness or suspension) in the circumstances described in the proviso to subsection (2) of that section; in the exercise of the power to appoint the leader of the opposition and to revoke any such appointment conferred upon him by section 83. 81. president to be informed concerning matters of government the prime minister shall keep the president fully informed concerning the general conduct of the government of trinidad and tobago and shall furnish the president with such information as he may request with respect to any particular matter relating to the government of trinidad and tobago. 82. parliamentary secretaries the president, acting in accordance with the advice of the prime minister, may appoint parliamentary secretaries from among the senators and members of the house of representatives to assist ministers in the performance of their duties. where occasion arises for making an appointment while parliament is dissolved, a person who was a senator or a member of the house of representatives immediately before the dissolution may be appointed as a parliamentary secretary. the office of a parliamentary secretary shall become vacant— where for any reason other than a dissolution of parliament he ceases to be a member of the house from among the members of which he was appointed; upon the appointment or re-appointment of any person as prime minister; or where the president, acting in accordance with the advice of the prime minister, so directs. 83. leader of the opposition there shall be an office of leader of the opposition and appointments thereto shall be made by the president. the president shall, if the person concerned is willing to be appointed, appoint as leader of the opposition the member of the house of representatives who, in his judgment is best able to command the support of the greatest number of members of the house of representatives who do not support the government. the office of leader of the opposition shall become vacant where— he resigns his office; the holder thereof ceases to be a member of the house of representatives for any cause other than a dissolution of parliament; he is not a member of the house of representatives when the house of representatives first meets after a dissolution of parliament; by virtue of section 49(3) he is required to cease to exercise his functions as a member of the house of representatives; he is appointed to the office of prime minister; or his appointment is revoked under the provisions of subsection (4). where in the judgment of the president, the leader of the opposition is no longer the member of the house of representatives best able to command the support of a majority of those members of the house of representatives who do not support the government, the president shall revoke the appointment of the leader of the opposition. nothing in subsection (4) shall apply while parliament is dissolved. where the office of leader of the opposition is vacant, whether because there is no member of the house of representatives so qualified for appointment or because no one qualified for appointment is willing to be appointed, or because the leader of the opposition has resigned his office or for any other reason, any provision in this constitution requiring consultation with the leader of the opposition shall, in so far as it requires such consultation, be of no effect. 84. oaths to be taken by ministers, etc a minister or a parliamentary secretary shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and oath for the due execution of his office. 85. permanent secretaries where any minister has been assigned responsibility for any department of government, he shall exercise general direction and control over that department; and, subject to such direction and control the department shall be under the supervision of a permanent secretary whose office shall be a public office. for the purposes of this section:— two or more government departments may be placed under the supervision of one permanent secretary; or two or more permanent secretaries may supervise any department of government assigned to a minister. 86. constitution of offices, etc subject to the provisions of this constitution and of any enactment, the president may constitute offices for trinidad and tobago, make appointments to any such office and terminate any such appointment. 87. power of pardon, etc the president may grant to any person a pardon, either free or subject to lawful conditions, respecting any offences that he may have committed. the power of the president under this subsection may be exercised by him either before or after the person is charged with any offence and before he is convicted thereof. the president may— grant to any person convicted of any offence against the law of trinidad and tobago a pardon, either free or subject to lawful conditions; grant to any person a respite, either indefinite or for a specified period, from the execution of any punishment imposed on that person for such an offence; substitute a less severe form of punishment for that imposed by any sentence for such an offence; or remit the whole or any part of any sentence passed for such an offence or any penalty or forfeiture otherwise due to the state on account of such an offence. the power of the president under subsection (2) may be exercised by him in accordance with the advice of a minister designated by him, acting in accordance with the advice of the prime minister. 88. advisory committee on power of pardon there shall be an advisory committee on the power of pardon which shall consist of— the minister referred to in section 87(3) who shall be chairman; the attorney general; the director of public prosecutions; not more than four other members appointed by the president, after consultation with the prime minister and the leader of the opposition. 89. functions of advisory committee where an offender has been sentenced to death by any court for an offence against the law of trinidad and tobago, the minister shall cause a written report of the case from the trial judge, together with such other information derived from the record of the case or elsewhere as the minister may require, to be taken into consideration at a meeting of the advisory committee. the minister may consult with the advisory committee before tendering any advice to the president under section 87(3) in any case not falling within subsection (1). the minister shall not be obliged in any case to act in accordance with the advice of the advisory committee. the advisory committee may regulate its own procedure. in this section “the minister” means the minister referred to in section 87(3). chapter 6. the director of public prosecutions and the ombudsman part 1. director of public prosecutions 90. appointment, tenure and functions the provisions of this section shall, subject to section 76(2) have effect with respect to the conduct of prosecutions. there shall be a director of public prosecutions for trinidad and tobago whose office shall be a public office. the director of public prosecutions shall have power in any case in which he considers it proper to do so— to institute and undertake criminal proceedings against any person before any court in respect of any offence against the law of trinidad and tobago; to take over and continue any such criminal proceedings that may have been instituted by any other person or authority; to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority. the powers conferred upon the director of public prosecutions by subsection (3)(b) and (c) shall be vested in him to the exclusion of the person or authority who instituted or undertook the criminal proceedings, except that a person or authority that has instituted criminal proceedings may withdraw them at any stage before the person against whom the proceedings have been instituted has been charged before the court. for the purposes of this section a reference to criminal proceedings includes an appeal from the determination of any court in criminal proceedings or a case stated or a question of law reserved in respect of those proceedings. the functions of the director of public prosecutions under subsection (3) may be exercised by him in person or through other persons acting under and in accordance with his general or special instructions. part 2. ombudsman 91. appointment and conditions of office there shall be an ombudsman for trinidad and tobago who shall be an officer of parliament and who shall not hold any other office of emolument whether in the public service or otherwise nor engage in any occupation for reward other than the duties of his office. the ombudsman shall be appointed by the president after consultation with the prime minister and the leader of the opposition. the ombudsman shall hold office for a term not exceeding five years and is eligible for re-appointment. subject to subsection (3) the ombudsman shall hold office in accordance with section 136. before entering upon the duties of his office, the ombudsman shall take and subscribe the oath of office before the speaker of the house of representatives. 92. appointment of staff of ombudsman the ombudsman shall be provided with a staff adequate for the efficient discharge of his functions. the staff of the ombudsman shall be public officers appointed in accordance with section 121(8). 93. functions of ombudsman subject to this section and to sections 94 and 95 the principal function of the ombudsman shall be to investigate any decision or recommendation made, including any advice given or recommendation made to a minister, or any act done or omitted by any department of government or any other authority to which this section applies, or by officers or members of such a department or authority, being action taken in exercise of the administrative functions of that department or authority. the ombudsman may investigate any such matter in any of the following circumstances— where a complaint is duly made to the ombudsman by any person alleging that the complainant has sustained an injustice as a result of a fault in administration; where a member of the house of representatives requests the ombudsman to investigate the matter on the ground that a person or body of persons specified in the request has or may have sustained such injustice; in any other circumstances in which the ombudsman considers that he ought to investigate the matter on the ground that some person or body of persons has or may have sustained such injustice. the authorities other than departments of government to which this section applies are— local authorities or other bodies established for purposes of the public service or of local government; authorities or bodies the majority of whose members are appointed by the president or by a minister or whose revenues consist wholly or mainly of moneys provided out of public funds; any authority empowered to determine the person with whom any contract shall be entered into by or on behalf of government; such other authorities as may be prescribed. 94. restrictions on matters for investigation in investigating any matter leading to, resulting from or connected with the decision of a minister, the ombudsman shall not inquire into or question the policy of the minister in accordance with which the decision was made. the ombudsman shall have power to investigate complaints of administrative injustice under section 93 notwithstanding that such complaints raise questions as to the integrity or corruption of the public service or any department or office of the public service, and may investigate any conditions resulting from, or calculated to facilitate or encourage corruption in the public service, but he shall not undertake any investigation into specific charges of corruption against individuals. where in the course of an investigation it appears to the ombudsman that there is evidence of any corrupt act by any public officer or by any person in connection with the public service, he shall report the matter to the appropriate authority with his recommendation as to any further investigation he may consider proper. the ombudsman shall not investigate— any action in respect of which the complainant has or had a remedy by way of proceedings in a court; or a right of appeal, reference or review to or before an independent and impartial tribunal other than a court; or any such action, or action taken with respect to any matter, as is described in the third schedule. notwithstanding subsection (4) the ombudsman— may investigate a matter notwithstanding that the complainant has or had a remedy by way of proceedings in a court if satisfied that in the particular circumstances it is not reasonable to expect him to take or to have taken such proceedings; is not in any case precluded from investigating any matter by reason only that it is open to the complainant to apply to the high court for redress under section 14 (which relates to redress for contravention of the provisions for the protection of fundamental rights). 95. discretion of ombudsman in determining whether to initiate, continue or discontinue an investigation, the ombudsman shall, subject to sections 93 and 94 act in his discretion and, in particular and without prejudice to the generality of this discretion, the ombudsman may refuse to initiate or may discontinue an investigation where it appears to him that— a complaint relates to action of which the complainant has knowledge for more than twelve months before the complaint was received by the ombudsman; the subject matter of the complaint is trivial; the complaint is frivolous or vexatious or is not made in good faith; or the complainant has not a sufficient interest in the subject matter of the complaint. 96. report on investigation where a complaint or request for an investigation is duly made and the ombudsman decides not to investigate the matter or where he decides to discontinue an investigation of the matter, he shall inform the person who made the complaint or request of the reasons for his decision. upon the completion of an investigation the ombudsman shall inform the department of government or the authority concerned of the results of the investigation and if he is of the opinion that any person has sustained an injustice in consequence of a fault in administration, he shall inform the department of government or the authority of the reasons for his opinion and make such recommendations as he thinks fit. the ombudsman may in his original recommendations, or at any later stage if he thinks fit, specify the time within which the injustice should be remedied. where the investigation is undertaken as a result of a complaint or request, the ombudsman shall inform the person who made the complaint or request of his findings. where the matter is in the opinion of the ombudsman of sufficient public importance or where the ombudsman has made a recommendation under subsection (2) and within the time specified by him no sufficient action has been taken to remedy the injustice, then, subject to such provision as may be made by parliament, the ombudsman shall lay a special report on the case before parliament. the ombudsman shall make annual reports on the performance of his functions to parliament which shall include statistics in such form and in such detail as may be prescribed of the complaints received by him and the results of his investigations. 97. power to obtain evidence the ombudsman shall have the powers of the high court to summon witnesses to appear before him and to compel them to give evidence on oath and to produce documents relevant to the proceedings before him and all persons giving evidence at those proceedings shall have the same duties and liabilities and enjoy the same privileges as in the high court. the ombudsman shall have power to enter and inspect the premises of any department of government or any authority to which section 93 applies, to call for, examine and where necessary retain any document kept on such premises and there to carry out any investigation in pursuance of his functions. 98. prescribed matters concerning ombudsman subject to subsection (2), parliament may make provision— for regulating the procedure for the making of complaints and requests to the ombudsman and for the exercise of the functions of the ombudsman; for conferring such powers on the ombudsman and imposing such duties on persons concerned as are necessary to facilitate the ombudsman in the performance of his functions; and generally for giving effect to the provisions of this part. the ombudsman may not be empowered to summon a minister or a parliamentary secretary to appear before him or to compel a minister or a parliamentary secretary to answer any questions relating to any matter under investigation by the ombudsman. the ombudsman may not be empowered to summon any witness to produce any cabinet papers or to give any confidential income tax information. no complainant may be required to pay any fee in respect of his complaint or request or for any investigation to be made by the ombudsman. no proceedings, civil or criminal, may lie against the ombudsman, or against any person holding an office or appointment under him for anything he may do or report or say in the course of the exercise or intended exercise of the functions of the ombudsman under this constitution, unless it is shown that he acted in bad faith. the ombudsman, and any person holding office or appointment under him may not be called to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to his knowledge in the exercise of his functions. anything said or any information supplied or any document, paper, or thing produced by any person in the course of any enquiry by or proceedings before an ombudsman under this constitution is privileged in the same manner as if the enquiry or proceedings were proceedings in a court. no proceeding of the ombudsman may be held bad for want of form, and, except on the ground of lack of jurisdiction, no proceeding or decision of an ombudsman is liable to be challenged, reviewed, quashed or called in question in any court. chapter 7. the judicature part 1. the supreme court 99. establishment of supreme court there shall be a supreme court of judicature for trinidad and tobago consisting of a high court of justice (hereinafter referred to as “the high court”) and a court of appeal with such jurisdiction and powers as are conferred on those courts respectively by this constitution or any other law. 100. constitution of high court the judges of the high court shall be the chief justice who shall be ex officio a judge of that court, and such number of puisne judges as may be prescribed. the high court shall be a superior court of record and save as otherwise provided by parliament, shall have all the powers of such a court, including all such powers as are vested in the supreme court of trinidad and tobago immediately before the commencement of this constitution. the court of appeal 101. constitution of court of appeal the judges of the court of appeal shall be the chief justice who shall be the president of the court of appeal and such number of justices of appeal as may be prescribed. the court of appeal shall be a superior court of record and, save as otherwise provided by parliament, shall have all the powers of such a court. 102. appointment of chief justice the chief justice shall be appointed by the president after consultation with the prime minister and the leader of the opposition. 103. acting appointments as chief justice where the office of chief justice is vacant or where the chief justice is for any reason unable to perform the functions of his office, then, until a person has been appointed to and has assumed the functions of such office or until the chief justice has resumed those functions, as the case may be, those functions shall be performed by such other of the judges as may be appointed by the president, after consultation with the prime minister and the leader of the opposition. appointment of judges 104. appointment of justices of appeal and puisne judges the judges, other than the chief justice, shall be appointed by the president, acting in accordance with the advice of the judicial and legal service commission. where— the office of any such judge is vacant; any such judge is for any reason unable to perform the functions of his office; any such judge is acting as chief justice or a puisne judge is acting as a justice of appeal; or the chief justice advises the president that the state of business of the court of appeal or the high court so requires, the president acting in accordance with the advice of the judicial and legal service commission— may appoint a person to act in the office of justice of appeal or puisne judge, as the case may require; may, notwithstanding section 136, appoint a person who has held office as a judge and who has attained the age of 65 to be temporarily a puisne judge for fixed periods of not more than two years. the appointment of any person under subsection (2) to act in the office of justice of appeal or puisne judge shall continue to have effect until it is revoked by the president, acting in accordance with the advice of the judicial and legal service commission. 105. qualification of judges a person shall not be appointed as a judge or to act as a judge unless he has such qualifications for appointment as may be prescribed. 106. tenure of office subject to section 104(3) a judge shall hold office in accordance with sections 136 and 137. no office of judge shall be abolished while there is a substantive holder of that office. 107. oaths to be taken by judges a judge shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and the oath for the due execution of his office set out in the first schedule. 108. appeals on constitutional questions and fundamental rights, etc an appeal to the court of appeal shall be as of right from decisions of the high court in the following, among other cases, that is to say— any order or decision in any civil or criminal proceedings on questions as to the interpretation of this constitution; any order or decision given in exercise of the jurisdiction conferred on the high court by section 14 (which relates to redress for contravention of the provisions for the protection of fundamental rights); any order or decision given in the determination of any of the questions for the determination of which a right of access to the high court is guaranteed by sections 4(a) and 5(1); any order or decision of the high court granting or refusing leave to institute proceedings for the determination of any question referred to it under section 52 or determining any such question (which relates to the appointment, qualification, election or membership of a senator or a member of the house of representatives, as the case may be); any order or decision of a court in the exercise of its jurisdiction to punish for contempt of court, including criminal contempt. part 2. appeals to the judicial committee 109. appeals from court of appeal to the judicial committee an appeal shall lie from decisions of the court of appeal to the judicial committee as of right in the following cases— final decisions in civil proceedings where the matter in dispute on the appeal to the judicial committee is of the value of fifteen hundred dollars or upwards or where the appeal involves directly or indirectly a claim to or question respecting property or a right of the value of fifteen hundred dollars or upwards; final decisions in proceedings for dissolution or nullity of marriage; final decisions in any civil, criminal or other proceedings which involve a question as to the interpretation of this constitution; and except in cases falling under section 108(d), any case referred to in that section; final decisions in disciplinary matters under section 81(3) to (5) of the supreme court of judicature act, 1962 and under the solicitors ordinance; such other cases as may be prescribed. an appeal shall lie from decisions of the court of appeal to the judicial committee with the leave of the court of appeal in the following cases— decisions in any civil proceedings; where in the opinion of the court of appeal the question involved in the appeal is one that, by reason of its great general or public importance or otherwise, ought to be submitted to the judicial committee; and such other cases as may be prescribed. an appeal shall lie to the judicial committee with the special leave of the judicial committee from decisions of the court of appeal in any civil or criminal matter in any case in which, immediately before the date on which trinidad and tobago became a republic, an appeal could have been brought with the special leave of her majesty to her majesty in council from such decisions. subsections (1), (2) and (3) are subject to the provisions of sections 32(2) and 52(4). subject to this section, provision may be made by or under any act regulating the procedure to be adopted by the court of appeal with respect to any appeal to the judicial committee under this section or by parties to any such appeal. any decision given by the judicial committee in any appeal under this section shall be enforced in like manner as if it were a decision of the court of appeal. subject to subsection (6) the judicial committee shall, in relation to any appeal to it under this section in any case, have all the jurisdiction and powers possessed in relation to that case by the court of appeal. part 3. judicial and legal service commission 110. judicial and legal service commission there shall be a judicial and legal service commission for trinidad and tobago. the members of the judicial and legal service commission shall be— the chief justice, who shall be chairman; the chairman of the public service commission; such other members (hereinafter called “the appointed members”) as may be appointed in accordance with subsection (3). the appointed members shall be appointed by the president after consultation with the prime minister and the leader of the opposition as follows:— one, from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeal from any such court; two from among persons with legal qualifications at least one of whom is not in active practice as such, after the president has consulted with such organisations, if any, as he thinks fit. subject to section 126(3)(a) an appointed member shall hold office in accordance with section 136. 111. appointment of judicial officers, etc subject to the provisions of this section, power to appoint persons to hold or act in the offices to which this section applies, including power to make appointments on promotion and transfer and to confirm appointments, and to remove and exercise disciplinary control over persons holding or acting in such offices shall vest in the judicial and legal service commission. before the judicial and legal service commission makes any appointment to the offices of solicitor general, chief parliamentary counsel, director of public prosecutions, registrar general or chief state solicitor it shall consult with the prime minister. a person shall not be appointed to any such office if the prime minister signifies to the judicial and legal service commission his objection to the appointment of that person to that office. this section applies to such public offices as may be prescribed, for appointment to which persons are required to possess legal qualifications. chapter 8. finance 112. establishment of consolidated fund all revenues or other moneys raised or received by trinidad and tobago, not being revenues or other moneys payable under this constitution or any other law into some other public fund established for a specific purpose shall, unless parliament otherwise provides, be paid into and form one consolidated fund. no moneys shall be withdrawn from the consolidated fund except to meet expenditure that is charged upon the fund by this constitution or any act or where the issue of those moneys has been authorised by an appropriation act or an act passed in pursuance of section 114 or in accordance with any other law. no moneys shall be withdrawn from any public fund other than the consolidated fund unless the issue of those moneys has been authorised by an act. no moneys shall be withdrawn from the consolidated fund or any other public fund except in the manner prescribed. 113. authorisation of expenditure from consolidated fund the minister responsible for finance shall cause to be prepared and laid before the house of representatives before or not later than thirty days after the commencement of each financial year estimates of the revenues and expenditure of trinidad and tobago for that year. the heads of expenditure contained in the estimates, other than expenditure charged upon the consolidated fund by this constitution or any act shall be included in a bill, to be known as an appropriation bill providing for the issue from the consolidated fund of the sums necessary to meet that expenditure, and the appropriation of those sums for the purposes specified therein. if in respect of any financial year it is found— that the amount appropriated by the appropriation act for any purpose is insufficient or that a need has arisen for expenditure for a purpose for which no amount has been appropriated by the act; or that any moneys have been expended for any purpose in excess of the amount appropriated for the purpose by the appropriation act or for a purpose for which no amount has been appropriated by the act, a supplementary estimate showing the sums required or spent shall be laid before the house of representatives and the heads of any such expenditure shall be included in a supplementary appropriation bill. 114. authorisation of expenditure in advance of appropriation parliament may make provision under which, if the appropriation act in respect of any financial year has not come into operation by the beginning of that financial year, the minister responsible for finance may authorise the withdrawal of moneys from the consolidated fund for the purpose of meeting expenditure necessary to carry on the services of the government until the expiration of thirty days from the beginning of that financial year or the coming into operation of the act, whichever is the earlier. 115. contingencies fund parliament may provide for the establishment of a contingencies fund and for authorising the minister responsible for finance, if he is satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from the fund to meet that need. where any advance is made in accordance with subsection (1) a supplementary estimate shall be presented and a supplementary appropriation bill shall be introduced as soon as possible for the purposes of replacing the amount so advanced. 116. establishment of office and functions of auditor general there shall be an auditor general for trinidad and tobago, whose office shall be a public office. the public accounts of trinidad and tobago and of all officers, courts and authorities of trinidad and tobago shall be audited and reported on annually by the auditor general, and for that purpose the auditor general or any person authorised by him in that behalf shall have access to all books, records, returns and other documents relating to those accounts. the auditor general is hereby empowered to carry out audits of the accounts, balance sheets and other financial statements of all enterprises that are owned or controlled by or on behalf of the state. the auditor general shall submit his reports annually to the speaker, the president of the senate and the minister of finance. the president of the senate and the speaker shall cause the report to be laid before the senate and the house of representatives, respectively, at the next sitting of the senate and the house of representatives after the receipt thereof, respectively. in the exercise of his functions under this constitution the auditor general shall not be subject to the direction or control of any other person or authority. 117. auditor general the auditor general shall be appointed by the president after consultation with the prime minister and the leader of the opposition and shall hold office in accordance with section 136. where the office of auditor general is vacant or the holder of the office is for any reason unable to perform the functions of his office the president after consultation with the prime minister and the leader of the opposition may appoint a person to act in the office, and any person so appointed shall, subject to the provisions of subsection (4) continue to act until his appointment is revoked by the president, after consultation with the prime minister and the leader of the opposition. before entering upon the duties of his office the auditor general shall take and subscribe the oath of office before the president or a person appointed by the president for the purpose. nothing done by the auditor general shall be invalid by reason only that he has attained the age at which he is required under section 136 to vacate his office. the auditor general shall be provided with a staff adequate for the efficient discharge of his functions. the staff of the auditor general shall be public officers appointed in accordance with section 121(8). 118. public debt the public debt of trinidad and tobago shall be secured on the revenues and assets of trinidad and tobago. in this section references to the public debt of trinidad and tobago include references to the interest on that debt, sinking fund payments in respect of that debt, and the cost, charges and expenses incidental to the management of that debt. 119. public accounts committees there shall be a public accounts committee which shall consist of not less than six nor more than ten members. the chairman of the public accounts committee shall be a member of the opposition in the house, if any, and if willing to act. the chairman and other members may comprise an equal number of members of the house of representatives and the senate as the house of representatives may determine. where the members of the opposition in the house of representatives are unwilling to act as chairman of the public accounts committee a member of the opposition in the senate shall be appointed and where the members of the opposition in the senate are unwilling so to act one of the senators, appointed by the president under section 40(2)(b) shall be appointed chairman. the public accounts committee shall consider and report to the house of representatives on— appropriation accounts of moneys expended out of sums granted by parliament to meet the public expenditure of trinidad and tobago; such other accounts as may be referred to the committee by the house of representatives or as are authorised or required to be considered by the committee under any other enactment; and the report of the auditor general on any such accounts. in addition to the public accounts committee established under subsection (1) there shall be a public accounts (enterprises) committee which shall consist of not less than six nor more than ten members. the chairman of the public accounts (enterprises) committee shall be one of the senators, if any, and if willing to act, appointed under section 40(2)(b) in accordance with the advice of the leader of the opposition and the other members such members of the house of representatives and senators as the house of representatives may determine. where the members of the opposition in the senate are unwilling to act as chairman of the public accounts (enterprises) committee, a member of the opposition in the house of representatives shall be appointed and where the members of the opposition in the house of representatives are unwilling so to act, one of the senators appointed by the president under section 40(2)(b) shall be appointed chairman. the public accounts (enterprises) committee shall consider and report to the house of representatives on— the audited accounts, balance sheets and other financial statements of all enterprises that are owned or controlled by or on behalf of the state; and the auditor general’s report on any such accounts, balance sheets and other financial statements. for the purposes of subsection (8) and section 116(3) an enterprise shall be taken to be controlled by the state if the government or any body controlled by the government— exercises or is entitled to exercise control directly or indirectly over the affairs of the enterprise; is entitled to appoint a majority of the directors of the board of directors of the enterprise; or holds at least fifty per cent of the ordinary share capital of the enterprise, as the case may be. chapter 9. appointments to, and tenure of offices part 1. service commissions, etc public service commission 120. public service commission there shall be a public service commission for trinidad and tobago which shall consist of a chairman, a deputy chairman and not less than two nor more than four other members. the members of the public service commission shall be appointed by the president, after consultation with the prime minister and the leader of the opposition. the members of the public service commission shall hold office in accordance with section 126. 121. appointments, etc., of public officers subject to the provisions of this constitution, power to appoint persons to hold or act in offices to which this section applies, including power to make appointments on promotion and transfer and to confirm appointments, and to remove and exercise disciplinary control over persons holding or acting in such offices [and to enforce standards of conduct on such officers] shall vest in the public service commission. the public service commission shall not remove, or inflict any punishment on a public officer on the grounds of any act done or omitted to be done by that officer in the exercise of a judicial function conferred upon him unless the judicial and legal service commission concurs therein. before the public service commission makes any appointment to an office to which this subsection applies it shall consult the prime minister. a person shall not be appointed to an office to which subsection (3) applies if the prime minister signifies to the public service commission his objection to the appointment of that person to that office. subject to subsections (6) and (7), subsection (3) applies to the offices of permanent secretary, chief technical officer, director of personnel administration, to a head of a department of government, to the chief professional adviser in a ministry of government and to the office of deputy to any of these offices. power to make appointments on transfer to the following offices shall vest in the prime minister: any office of permanent secretary from one such office to another such office carrying the same salary; any office the holder of which is required to reside outside trinidad and tobago for the proper discharge of his functions, and such offices in the ministry of external affairs as may from time to time be designated by the prime minister after consultation with the public service commission. this section applies to all public offices including in particular offices in the civil service, the fire service and the prison service, but this section does not apply to offices to which appointments are made by the judicial and legal service commission, the police service commission or the teaching service commission or offices to which appointments are to be made by the president. before the public service commission makes any appointment to or transfers a member of the staff of the auditor general or ombudsman it shall first consult with the auditor general or ombudsman, as the case may be. in subsection (7) “civil service”, “fire service” and “prison service” means respectively the civil service established under the civil service act, 1965, the fire service established under the fire service act, 1965 and the prison service established under the prison service act, 1965. police service commission 122. police service commission there shall be a police service commission for trinidad and tobago which shall consist of a chairman and four other members. the members of the police service commission shall be appointed by the president in accordance with this section. the president shall, after consultation with the prime minister and leader of the opposition nominate persons, who are qualified and experienced in the disciplines of law, finance, sociology or management, to be appointed as members of the police service commission. the president shall issue a notification in respect of each person nominated for appointment under subsection (3) and the notification shall be subject to affirmative resolution of the house of representatives. the president shall make an appointment under this section only after the house of representatives has approved the notification in respect of the relevant person. the president may in his own discretion appoint a chairman of the police service commission from among its members. the members of the police service commission shall hold office in accordance with section 126, other than subsections (4) and (5). 122a. removal of members the president shall, after consultation with the prime minister and the leader of the opposition, terminate the appointment of a member of the police service commission, if the member— fails to attend four consecutive meetings without reasonable cause; is convicted of a criminal offence which carries a penalty of six or more months of imprisonment in any court; becomes infirm in mind or body; fails to perform his duties in a responsible or timely manner; fails to absent himself from meetings of the police service commission where there is a conflict of interest; demonstrates a lack of competence to perform his duties; or misbehaves in office. the president, in the exercise of his power under subsection (1)(d) to (g), may consider the report of a joint select committee and the police service commission laid in parliament in furtherance of sections 66a(1)(e) and 66b respectively. a member of the police service commission shall not be removed from office except in accordance with this section. 123. powers of the police service commission the police service commission shall have the power to— appoint persons to hold or act in the office of commissioner and deputy commissioner of police; make appointments on promotion and to confirm appointments; remove from office and exercise disciplinary control over persons holding or acting in the offices specified in paragraph (a); monitor the efficiency and effectiveness of the discharge of their functions; prepare an annual performance appraisal report in such form as may be prescribed by the police service commission respecting and for the information of the commissioner or deputy commissioner of police; and hear and determine appeals from decisions of the commissioner of police, or of any person to whom the powers of the commissioner of police have been delegated in relation to appointments on promotion or, as a result of disciplinary proceedings brought against a police officer appointed by the commissioner of police. the police service commission shall nominate persons for appointment to the offices specified in subsection (1)(a) and section 22(1) of the police service act, 2006 in accordance with the criteria and procedure prescribed by order of the president, subject to negative resolution of parliament. the police service commission shall submit to the president a list of the names of the persons nominated for appointment to the offices of commissioner or deputy commissioner of police. the president shall issue a notification in respect of each person nominated under subsection (3) and the notification shall be subject to affirmative resolution of the house of representatives. the police service commission shall appoint the commissioner or deputy commissioner of police only after the house of representatives approves the notification in respect of the relevant office. for the purpose of subsection (1)(d)the commissioner of police shall, every six months, submit a report in writing to the police service commission on the management of the police service; and the police service commission shall have the power to call on the commissioner of police to produce documents pertaining to financial, legal and personnel matters in relation to the police service. notwithstanding subsection (6), the police service commission may, on its own initiative, request a special report in writing from the commissioner of police at any time on any matter relating to the management of the police service, to which the commissioner of police shall respond in a timely manner. the police service commission may terminate the services of the commissioner or a deputy commissioner of police on any of the following grounds: where the officer is absent from duty without leave for seven consecutive days, during which he has failed to notify the police service commission of the cause of his absence, whether he holds a permanent, temporary, or contractual appointment; breach of contract, where the officer is appointed on contract; reported inefficiency based on his performance appraisal reports; on dismissal in consequence of disciplinary proceedings, after giving him an opportunity to be heard; where the officer holds a permanent appointmenton being retired on medical grounds; on being retired in the public interest; or on the abolition of office. the procedure for the termination of the services of the commissioner or a deputy commissioner of police shall be prescribed by the police service commission in accordance with section 129. notwithstanding section 132, no appeal shall lie to the public service appeal board in respect of a decision made by the police service commission under this section. 123a. powers of the commissioner police subject to section 123(1), the commissioner of police shall have the complete power to manage the police service and is required to ensure that the human, financial and material resources available to the service are used in an efficient and effective manner. the commissioner of police shall have the power to— appoint persons to hold or act in an office in the police service, other than an officer referred to in section 123(1)(a), including the power to make appointments on promotion and to confirm appointments; transfer any police officer; and remove from office and exercise disciplinary control over police officers, other than an officer referred to in section 123(1)(a). the functions of the commissioner of police under this section may be exercised by him in person or through any police officer of or above the rank of superintendent acting under and in accordance with his general or special instructions. in the performance of his functions under this section the commissioner of police shall act in accordance with the police service act, 2006 and the regulations made thereunder. teaching service commission 124. teaching service commission there shall be a teaching service commission for trinidad and tobago which shall consist of a chairman and not more than four other members. the members of the teaching service commission shall be appointed by the president after consultation with the prime minister and the leader of the opposition. the members of the teaching service commission shall hold office in accordance with section 126. 125. appointment of teachers subject to the provisions of this constitution, power to appoint persons to hold or act in public offices in the teaching service, established under the education act, 1966, including power to make appointments on promotion and transfer and to confirm appointments, and to remove and exercise disciplinary control over persons holding or acting in such offices [and to enforce standards of conduct on such officers] shall vest in the teaching service commission. general provisions on service commissions 126. qualifications, tenure of office, etc a person who— is a member of the house of representatives or the senate; or holds or is acting in any public office or has held any public office within the period of three years preceding his proposed appointment, is not qualified to hold the office of member of a service commission. a person who has held office or acted as a member of a service commission shall not, within a period of three years commencing with the date on which he last held or acted in such an office, be eligible for appointment to any public office. the office of a member of a service commission shall become vacant— upon the expiration of five years from the date of his appointment or such shorter period, not being less than three years, as may be specified at the time of his appointment; or where with his consent he is nominated for election to the house of representatives or where he is appointed a senator. a member of a service commission, other than the judicial and legal service commission, may be removed from office by the president acting in his discretion for inability to discharge the functions of his office, whether arising from infirmity of mind or body or any other cause, or for misbehaviour. a member of a service commission may not be removed from office except in accordance with the provisions of this section. before entering upon the duties of his office a member of a service commission shall take and subscribe the oath of office before the president or a person appointed by the president for the purpose. 127. delegation of functions a service commission may, with the approval of the prime minister and subject to such conditions as it may think fit, delegate any of its functions [deleted] other than any power conferred on the commission by section 129, to any of its members or— in the case of the judicial and legal service commission, to a judge; in the case of— the public service commission, to any public officer or in respect of the regional health authorities to the boards of the regional health authorities established under section 4 of the regional health authorities act; the teaching service commission, to any public officer. [deleted by act no. 6 of 2006] in this section and in section 129, as regards any matter concerning the holder of any office referred to in section 121(5) or 123(3) a reference to “public officer” includes a reference to a judge as well as a retired public officer. 128. consultation with other service commissions before a service commission appoints to an office a person holding or acting in any office, power to make appointments to which is vested by this constitution in another service commission, it shall consult that other commission. 129. powers and procedure of service commissions and protection from legal proceedings subject to subsection (3), a service commission may, with the consent of the prime minister, by regulation or otherwise regulate its own procedure, including the procedure for consultation with persons with whom it is required by this constitution to consult, and confer powers and impose duties on any public officer or in the case of the holder of an office referred to in section 111(2), a judge or on any authority of the government, for the purpose of the discharge of its functions. at any meeting of a service commission three members shall constitute a quorum. repealed no penalty may be imposed on any public officer except as a result of disciplinary proceedings. notwithstanding subsection (4), where an officer is convicted of a criminal charge in any court and the time allotted for an appeal has elapsed or, if the officer has appealed, the appeal process has been completed or an order has been made in the matter under section 71 of the summary courts act, a service commission may consider the relevant proceedings on such charge and if it is of the opinion that the officer ought to be dismissed or subjected to some lesser punishment in respect of the conduct which led to his conviction on the criminal charge or to the making of the order, the commission may thereupon dismiss or otherwise punish the officer without the institution of any disciplinary proceedings. in furtherance of subsection (5)— a certificate of conviction issued by the court shall be sufficient evidence of an officer’s conviction for an offence; a certified copy of an order made under section 71 of the summary courts act shall be sufficient evidence of the commission by the officer of the offence for which he was charged. an officer referred to in subsection (5) shall be entitled to show cause why he should not be dismissed from office. a reference in subsection (5) to a service commission also includes a reference to the commissioner of police, as the case may be. part 2. public service appeal board 130. constitution of appeal board there shall be a public service appeal board (hereinafter referred to as “the appeal board”) to which appeals shall lie from such decisions against public officers as are specified in section 132. the appeal board shall consist of a chairman appointed by the president after consultation with the chief justice and two other members appointed by the president after consultation with the prime minister and the leader of the opposition. the chairman shall be a judge or former judge or a citizen of trinidad and tobago who has held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from any such court. one member of the appeal board shall be a retired public officer. 131. tenure of office, etc section 126 (which relates to qualifications for appointment, eligibility for public office and the term and tenure of office of members of service commissions) shall apply to members of the public service appeal board as they apply to members of a service commission. before entering upon the duties of his office, a member of the appeal board shall take and subscribe the oath of office before the president or a person appointed by the president for the purpose. 132. appeals in disciplinary cases an appeal shall lie to the public service appeal board from any decision of a service commission, or of any person to whom the powers of the commission have been delegated, as a result of disciplinary proceedings brought against a public officer. an appeal under subsection (1) shall lie to the appeal board at the instance of the public officer in respect of whom the decision is made. the appeal board may, where it considers it necessary that further evidence be adduced— order such evidence to be adduced either before the board or by affidavit; or refer the matter back to the relevant service commission to take such evidence and— to adjudicate upon the matter afresh; or to report for the information of the appeal board specific findings of fact. where a matter is referred to a service commission under paragraph (b) of subsection (3), the matter, so far as may be practicable or necessary, shall be dealt with as if it were being heard at first instance. upon the conclusion of the hearing of an appeal under this section, the appeal board may— affirm, modify or amend the decision appealed against; or set aside the decision; or substitute any other decision which the service commission could have made. every decision of the appeal board shall require the concurrence of the majority of its members. the appeal board may by regulations make provision for— procedure of its own; and the procedure in appeals under this section. with the consent of the prime minister, the appeal board may by regulation or otherwise confer powers and impose duties on any public officer or any authority of the government of trinidad and tobago for the purpose of the exercise of the functions of the appeal board. this section and sections 130 and 131 shall be, in addition to and not in derogation of any other provisions for review of the decision of any service commission. pensions 133. protection of pension rights subject to section 134 the law applicable to any benefits to which this section applies shall, in relation to any person who has been granted or who is eligible for the grant of such benefits, be that in force on the relevant date or any later law that is not less favourable to that person. in this section, “the relevant date” means— in relation to any benefits granted before the commencement of this constitution the date prescribed by section 100 of the former constitution; in relation to any benefits granted or to be granted on or after the commencement of this constitution to or in respect of any person who was a public officer before that date, the commencement of this constitution; in relation to any benefits granted or to be granted to or in respect of any person who becomes a public officer on or after the commencement of this constitution the date on which he becomes a public officer. where a person is entitled to exercise an option as to which of two or more laws shall apply in his case, the law specified by him in exercising the option shall, for the purposes of this section be deemed to be more favourable to him that the other law or laws. any benefit to which this section applies, not being a benefit that is a charge on some other public fund of trinidad and tobago, shall be a charge on the consolidated fund. a reference in this section to the law applicable to any benefits includes, without prejudice to the generality of the expression, a reference to any law relating to the time at which and the manner in which any person may retire in order to become eligible for those benefits. for the purposes of this section, service as president or as a judge shall be deemed to be public service. this section applies to any benefits payable under any law providing for the grant of pensions, gratuities or compensation to persons who are or have been public officers in respect of their service in the public service, or to the widows, children, dependants or personal representatives of such persons in respect of such service. 134. powers of commissions in relation to grant of pensions, etc where under any law an authority has power to withhold, reduce in amount or suspend any benefits to which this section applies, that power shall not be exercised without the approval specified in subsection (2), (3) or (3a). subject to subsection (3a), where a person who has been granted benefits, or who is eligible for benefits, in respect of public service was at the time he ceased to be a public officer subject to the jurisdiction of the judicial and legal service commission, the police service commission or the teaching service commission, the power referred to in subsection (1) shall not be exercised with respect to those benefits without the approval of that commission. subject to subsection (3a), where a person who has been granted benefits, or who is eligible for benefits, in respect of public service, was not at the time he ceased to be a public officer subject to the jurisdiction of the judicial and legal service commission, the police service commission, or the teaching service commission, the power referred to in subsection (1) shall not be exercised without the approval of the public service commission. where a person, who is eligible for benefits in respect of public service, was at the time he ceased to be a public officer subject to the jurisdiction of the commissioner of police, the power referred to in subsection (1) with respect to those benefits shall not be exercised without the approval of the commissioner. no benefits to which this section applies that have been granted to or in respect of any person who is or has been the holder of an office referred to in section 136(12) to (16) or for which any such person or his widow, children, dependants or his personal representatives may be eligible, shall be withheld, reduced in amount or suspended on the ground that that person has been guilty of misbehaviour, unless that person has been removed from his office under this constitution by reason of such misbehaviour. for the purposes of this section, service as a judge, shall be deemed to be public service. this section applies to any benefits payable under any law providing for the grant of pensions, gratuities or compensation to persons who are or have been public officers in respect of their service in the public service or to the widows, children or personal representatives of such persons in respect of such service. special offices 135. appointments of principal representatives of trinidad and tobago the president acting in accordance with the advice of the prime minister shall have power to appoint persons to the offices to which this section applies and to remove persons from any such office. before tendering any advice for the purposes of this section in relation to any person who holds or is acting in any public office other than an office to which this section applies, the prime minister shall consult the appropriate service commission. this section applies to the office of— ambassador or high commissioner; and any principal representative of trinidad and tobago in any other country. 136. tenure of special offices the holder of an office to which this subsection and subsections (3) to (11) apply (in this section referred to as “the officer”) shall vacate his office on attaining the age of sixty-five years or such other age as may be prescribed. notwithstanding that he has attained the age at which he is required by or under subsection (1) to vacate his office, a judge may, with the permission of the president, acting in accordance with the advice of the chief justice, continue in office for such period after attaining that age as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age. nothing done by the officer shall be invalid by reason only that he has attained the age at which he is required under this section to vacate his office. the officer shall vacate his office if with his consent, he is appointed a senator or nominated for election to the house of representatives. the salaries and allowances payable to the holders of the offices to which subsection (1) and subsections (3) to (11) apply or an office referred to in subsections (13) to (16) shall be a charge on the consolidated fund. the salary and allowances payable to the holder of any office to which subsection (1) and subsections (3) to (11) apply or an office referred to in subsections (13) to (16) and his other terms of service shall not be altered to his disadvantage after his appointment and for the purposes of this subsection, in so far as the terms of service of any person depend upon the option of that person, the terms for which he opts shall be taken to be more advantageous to him than any other terms for which he might have opted. the officer may be removed from office only for inability to discharge the functions of his office whether arising from infirmity of mind or body or any other cause, or for misbehaviour and shall not be so removed except in accordance with the provisions of subsection (10). a decision that the question of removing the officer from office ought to be investigated may be made at any time— in the case of the ombudsman by resolution of the house of representatives; and in any other case by the president either on his own initiative or upon the representation of the prime minister. where a decision is made under subsection (8) that the question of removing the officer from office ought to be investigated, then— the president shall appoint a tribunal which shall consist of a chairman and not less than two other members all of whom shall be selected by the president acting in accordance with the advice of the judicial and legal service commission from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from any such court; and the tribunal shall inquire into the matter and report on the facts to the president and advise the president whether the officer ought to be removed from office on any of the grounds specified in subsection (7). where the question of removing the officer from office is referred to a tribunal appointed under subsection (9) and the tribunal advises the president that the officer ought to be removed from office, the president shall, by writing signed by him, remove the officer from office. where the question of removing the officer from office has been referred to a tribunal under subsection (9), the president, after consultation with the judicial and legal service commission, may suspend the officer from performing the functions of his office and any such suspension may at any time be revoked by the president and shall in any case cease to have effect if the tribunal advises the president that the officer ought not to be removed from office. subsection (1) and subsections (3) to (11) apply to the office of auditor general and to such other offices as may be prescribed. subsections (1) to (6) apply to the office of judge. subsection (1) and subsections (3) to (6) apply to the office of director of public prosecutions, chief parliamentary counsel and solicitor general. subsections (5) to (11) apply to the office of ombudsman, a member of the elections and boundaries commission, a member of the integrity commission, a member of a service commission other than the police service commission, a member of the salaries review commission and to such other offices as may be prescribed. subsections (5) and (6) apply to the police service commission and the office of president. 137. removal from office of judge a judge may be removed from office only for inability to perform the functions of his office, (whether arising from infirmity of mind or body or any other cause), or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section. a judge shall be removed from office by the president where the question of removal of that judge has been referred by the president to the judicial committee and the judicial committee has advised the president that the judge ought to be removed from office for such inability or for misbehaviour. where the prime minister, in the case of the chief justice, or the judicial and legal service commission, in the case of a judge, other than the chief justice, represents to the president that the question of removing a judge under this section ought to be investigated, then— the president shall appoint a tribunal, which shall consist of a chairman and not less than two other members, selected by the president, acting in accordance with the advice of the prime minister in the case of the chief justice or the prime minister after consultation with the judicial and legal service commission in the case of a judge, from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from any such court; the tribunal shall enquire into the matter and report on the facts thereof to the president and recommend to the president whether he should refer the question of removal of that judge from office to the judicial committee; and where the tribunal so recommends, the president shall refer the question accordingly. where the question of removing a judge from office has been referred to a tribunal under subsection (3), the president, acting in accordance with the advice of the prime minister in the case of the chief justice or the chief justice in the case of a judge, other than the chief justice, may suspend the judge from performing the functions of his office, and any such suspension may at any time be revoked by the president, acting in accordance with the advice of the prime minister in the case of the chief justice or the chief justice in the case of a judge, other than the chief justice, and shall in any case cease to have effect— where the tribunal recommends to the president that he should not refer the question of removal of the judge from office to the judicial committee; or where the judicial committee advises the president that the judge ought not to be removed from office. chapter 10. the integrity commission 138. the integrity commission there shall be an integrity commission (in this section and in section 139 referred to as “the commission”) for trinidad and tobago consisting of such number of members, qualified and appointed in such manner and holding office upon such tenure as may be prescribed. the commission shall be charged with the duty of— receiving from time to time, declarations in writing of the assets, liabilities and income of members of the house of representatives, ministers of government, parliamentary secretaries, [senators, judges, magistrates, permanent secretaries, chief technical officers, members of the tobago house of assembly, members of municipalities, members of local government authorities and members of the boards of all statutory bodies, state enterprises and the holders of such other offices as may be prescribed; the supervision of all matters connected therewith as may be prescribed; the supervision and monitoring of standards of ethical conduct prescribed by parliament to be observed by the holders of offices referred to in paragraph (a), as well as [deleted] members of the diplomatic service, advisers to the government and any person appointed by a service commission or the statutory authorities’ service commission; the monitoring and investigating of conduct, practices and procedures which are dishonest or corrupt. 139. power to make laws relating to commission subject to this constitution, parliament may make provision for— the procedure in accordance with which the commission is to perform its functions; conferring such powers on the commission and imposing such duties on persons concerned as are necessary to enable the commission to carry out effectively the purposes of section 138; the proper custody of declarations and other documents delivered to the commission; the maintenance of secrecy in respect of all information received by the commission in the course of its duties with respect to the assets, liabilities and income of any member of parliament and any other person; and the preparation by the commission, of a register of interests for public inspection. generally to give effect to the provisions of section 138. chapter 11. the salaries review commission 140. constitution of commission there shall be a salaries review commission which shall consist of a chairman and four other members all of whom shall be appointed by the president after consultation with the prime minister and the leader of the opposition. the members of the salaries review commission shall hold office in accordance with section 126. 141. functions of commission the salaries review commission shall from time to time with the approval of the president review the salaries and other conditions of service of the president, the holders of offices referred to in section 136 (12) to (15), members of parliament, including ministers of government and parliamentary secretaries, and the holders of such other offices as may be prescribed. the report of the salaries review commission concerning any review of salaries or other conditions of service, or both, shall be submitted to the president who shall forward a copy thereof to the prime minister for presentation to the cabinet and for laying, as soon as possible thereafter, on the table of each house. chapter 11a. the tobago house of assembly 141a. tobago house of assembly there shall be an assembly for tobago to be called “the tobago house of assembly”, in this chapter referred to as “the assembly”. the assembly shall consist of a presiding officer and such other members qualified and appointed in such manner and holding office upon such terms and conditions as may be prescribed. 141b. powers of the assembly subject to this constitution, the assembly shall have such powers and functions in relation to tobago as may be prescribed. 141c. executive council there shall be an executive council of the assembly consisting of a chief secretary and such number of secretaries as may be prescribed, to be appointed in such manner as may be prescribed. the functions of the chief secretary and other secretaries shall be prescribed. 141d. fund there is established a fund to be called “the tobago house of assembly fund” which shall consist of— such monies as may be appropriated by parliament for the use of the assembly; and such other monies as the assembly may lawfully collect. chapter 12. miscellaneous and general 142. resignations subject to the provisions of this constitution, any person who is appointed or elected to or otherwise selected for any office established by this constitution, including the office of prime minister or other minister, or parliamentary secretary, may resign from that office by writing under his hand addressed to the person or authority by whom he was appointed, elected or selected. the resignation of any person from any such office shall take effect when the writing signifying the resignation is received by the person or authority to whom it is addressed or by any person authorised by that person or authority to receive it. 143. re-appointment, etc where any person has vacated any office as established by this constitution, including the office of prime minister or other minister, or parliamentary secretary, he may, if qualified, again be appointed, elected or otherwise selected to hold that office in accordance with the provisions of this constitution. where by this constitution a power is conferred upon any person or authority to make any appointment to any public office, a person may be appointed to that office notwithstanding that some other person may be holding that office, when that other person is on leave of absence pending relinquishment of the office; and where two or more persons are holding the same office by reason of an appointment made in pursuance of this subsection, then for the purposes of any function conferred upon the holder of that office the person last appointed shall be deemed to be the sole holder of the office. first schedule. forms of oath (or affirmation) of allegiance and of office form of oath (affirmation) for the president: i, a. b., do swear by...........................(solemnly affirm) that i will bear true faith and allegiance to trinidad and tobago and to the best of my ability preserve and defend the constitution and the law, that i will conscientiously and impartially discharge the functions of president and will devote myself to the service and well-being of the people of trinidad and tobago. form of oath (affirmation) for a minister or parliamentary secretary: i, a. b., do swear by...........................(solemnly affirm) that i will bear true faith and allegiance to trinidad and tobago and will uphold the constitution and the law, that i will conscientiously, impartially and to the best of my ability discharge my duties as...........................and do right to all manner of people without fear or favour, affection or ill-will. form of oath (affirmation) for a member of the house of representatives or the senate: i, a. b., having been elected/appointed a member of parliament do swear by...........................(solemnly affirm) that i will bear true faith and allegiance to trinidad and tobago, will uphold the constitution and the law, and will conscientiously and impartially discharge the responsibilities to the people of trinidad and tobago upon which i am about to enter. form of oath (affirmation) for the ombudsman, a judge, the auditor general, a member of a service commission or a member of the public service appeal board: i, a. b., having been appointed...........................of trinidad and tobago do swear by...........................(solemnly affirm) that i will bear true faith and allegiance to trinidad and tobago and will uphold the constitution and the law, that i will conscientiously, impartially and to the best of my knowledge, judgment and ability discharge the functions of my office and do right to all manner of people after the laws and usages of trinidad and tobago without fear or favour, affection or ill-will. second schedule. boundaries of constituencies (section 72) these rules are the delimitation of constituencies rules in accordance with which the constituencies of trinidad and tobago are to be delimited under section 72(1). subject to paragraph 3, the electorate shall, so far as is practicable be equal in all constituencies. the number of constituencies in tobago shall not be less than two. in trinidad and in tobago, respectively, the electorate in any constituency shall not be more than one hundred and ten per cent nor be less than ninety per cent of the total electorate of the island divided by the number of constituencies in that island. special attention shall be paid to the needs of sparsely populated areas which on account of size, isolation or inadequacy of communications cannot adequately be represented by a single member of parliament. natural boundaries such as major highways and rivers shall be used wherever possible. in this schedule “trinidad” means the island of trinidad and its offshore islands, and “tobago” means the island of tobago and its offshore islands. third schedule. matters not subject to investigation [(section 94(4)(b))] action taken in matters certified by the attorney general to affect relations or dealings between the government of trinidad and tobago and any other government or any international organisation. action taken in any country or territory outside trinidad and tobago by or on behalf of any officer representing or acting under the authority of the government of trinidad and tobago. action taken under any law relating to extradition or fugitive offenders. action taken for the purposes of investigating crime or of protecting the security of the state. the commencement or conduct of civil or criminal proceedings before any court in trinidad and tobago or before any international court or tribunal. any exercise of the power of pardon. action taken in matters relating to contractual or other commercial transactions, being transactions of a department of government or an authority to which section 93 applies not being transactions for or relating to— the acquisition of land compulsorily or in circumstances in which it could be acquired compulsorily; the disposal as surplus of land acquired compulsorily or in circumstances in which it could be acquired compulsorily. action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters in relation to service in any office or employment in the public service or under any authority as may be prescribed. any matter relating to any person who is or was a member of the armed forces of trinidad and tobago in so far as the matter relates to— the terms and conditions of service as such member; or any order, command, penalty or punishment given to or affecting him in his capacity as such member. any action which by virtue of any provision of this constitution may not be enquired into by any court. preamble whereas the people of saint luciaaffirm their faith in the supremacy of the almighty god; believe that all persons have been endowed equally by god with inalienable rights and dignity; recognise that the enjoyment of these rights depends upon certain fundamental freedoms namely, freedom of the person, of thought, of expression, of communication, of conscience and of association; maintain that these freedoms can only be safeguarded by the rule of law; realise that human dignity requires respect for spiritual values; for private family life and property; and the enjoyment of an adequate standard of economic and social wellbeing dependent upon the resources of the state; respect the principles of social justice and therefore believe that the operation of the economic system should result in the material resources of the community being so distributed as to subserve the common good, that there should be adequate means of livelihood for all, that labour should not be exploited or forced by economic necessity to operate in inhumane conditions but that there should be opportunity for advancement on the basis of recognition of merit, ability and integrity; express their commitment to democracy, in particular the principle of a government freely elected on the basis of universal adult suffrage. consider that individually, each person has duties towards every other and to the community and is under obligation to observe and promote the rights, freedoms and values recognised in this constitution; pledge their support for international peace and security, for friendly relations among nations and the promotion of universal respect for human rights and freedoms; and their co-operation in solving by peaceful means international problems of an economic, social or political character; desire that this constitution shall reflect and make provision for ensuring and protecting these rights, freedoms and values. now, therefore, the following provisions shall have effect as the constitution of saint lucia: chapter i. protection of fundamental rights and freedoms whereas every person in saint lucia is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namelylife, liberty, security of the person, equality before the law and the protection of the law; freedom of conscience, of expression and of assembly and association; and protection for his family life, his personal privacy, the privacy of his home and other property and from deprivation of property without compensation, the provisions of this chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the rights and freedoms of others or the public interest. 2 a person shall not be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence under any law of which he has been convicted. a person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiablefor the defence of any person from violence or for the defence of property; in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; for the purpose of suppressing a riot, insurrection or mutiny; or in order to prevent the commission by that person of a criminal offence, or if he dies as the result of a lawful act of war. 3 a person shall not be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say: in consequence of his unfitness to plead to a criminal charge or in execution of the sentence or order of a court, whether established for saint lucia or some other country, in respect of a criminal offence of which he has been convicted; in execution of the order of the high court or the court of appeal punishing him for contempt of the high court or the court of appeal or of another court or tribunal; in execution of the order of a court made to secure the fulfilment of any obligation imposed on him by law; for the purpose of bringing him before a court in execution of the order of a court; upon a reasonable suspicion of his having committed, or being about to commit, a criminal offence under any law; under the order of a court or with the consent of his parent or guardian, for his education or welfare during any period ending not later than the date when he attains the age of eighteen years; for the purpose of preventing the spread of an infectious or contagious disease; in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community; for the purpose of preventing his unlawful entry into saint lucia, or for the purpose of effecting his expulsion, extradition or other lawful removal from saint lucia or for the purpose of restraining him while he is being conveyed through saint lucia in the course of his extradition or removal as a convicted prisoner from one country to another; or to such extent as may be necessary in the execution of a lawful order requiring him to remain within a specified area within saint lucia, or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against him with a view to the making of any such order or relating to such an order after it has been made, or to such extent as may be reasonably justifiable for restraining him during any visit that he is permitted to make to any part of saint lucia in which, in consequence of any such order, his presence would otherwise be unlawful. any person who is arrested or detained shall with reasonable promptitude and in any case no later than twenty-four hours after such arrest or detention be informed in a language that he understands of the reasons for his arrest or detention and be afforded reasonable facilities for private communication and consultation with a legal practitioner of his own choice and, in the case of a minor, with his parents or guardian. any person who is arrested or detainedfor the purpose of bringing him before a court in execution of the order of a court; or upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under any law and who is not released, shall be brought before a court without undue delay and in any case not later than seventy-two hours after such arrest or detention. where any person is brought before a court in execution of the order of a court in any proceedings or upon suspicion of his having committed or being about to commit an offence, he shall not be thereafter further held in custody in connection with those proceedings or that offence save upon the order of a court. if any person arrested or detained as mentioned in subsection (3)(b) of this section is not tried within a reasonable time, then without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial, and such conditions may include bail so long as it is not excessive. any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person or from any other person or authority on whose behalf that other person was acting: provided that a judge, a magistrate or a justice of the peace or an officer of a court or a police officer shall not be under any personal liability to pay compensation under this subsection in consequence of any act performed by him in good faith in the discharge of the functions of his office and any liability to pay any such compensation in consequence of any such act shall be a liability of the crown. for the purposes of subsection (1)(a) of this section a person charged before a court with a criminal offence in respect of whom a special verdict has been returned that he was guilty of the act or omission charged but was insane when he did the act or made the omission shall be regarded as a person who has been convicted of a criminal offence and the detention of a person in consequence of such a verdict shall be regarded as detention in execution of the order of a court. 4 no person shall be held in slavery or servitude. no person shall be required to perform forced labour. for the purposes of this section, the expression "forced labour" does not includeany labour required in consequence of the sentence or order of a court; labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained; any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service; any labour required during any period of public emergency or in the event of any accident or natural calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that accident or natural calamity, for the purpose of dealing with that situation. no person shall be subjected to torture or to inhuman or degrading punishment or other treatment. 6 no property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except for a public purpose and except where provision is made by a law applicable to that taking of possession or acquisition for the prompt payment of full compensation. every person having an interest in or right over property that is compulsorily taken possession of or whose interest in or right over any property is compulsorily acquired shall have a right of direct access to the high court fordetermining the nature and extent of that interest or right; determining whether that taking of possession or acquisition was duly carried out in accordance with a law authorising the taking of possession or acquisition; determining what compensation he is entitled to under the law applicable to that taking of possession or acquisition; obtaining that compensation: provided that if parliament so provides in relation to any matter referred to in paragraph (a) or (c) of this subsection the right of access shall be by way of appeal (exercisable as of right at the instance of the person having the interest in or right over the property) from a tribunal or authority, other than the high court, having jurisdiction under any law to determine that matter. the chief justice may make rules with respect to the practice and procedure of the high court or, subject to such provision as may have been made in that behalf by parliament, with respect to the practice and procedure of any other tribunal or authority in relation to the jurisdiction conferred on the high court by subsection (2) of this section or exercisable by the other tribunal or authority for the purposes of that subsection (including rules with respect to the time within which applications or appeals to the high court or applications to the other tribunal or authority may be brought). no person who is entitled to compensation under this section shall be prevented from remitting, within a reasonable time after he has received any amount of that compensation in the form of a sum of money or, as the case may be, has received any such amount in some other form and has converted any of that amount into a sum of money, the whole of that sum of money (free from any deduction, charge or tax made or levied in respect of its remission) to any country of his choice outside saint lucia. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (4) of this section to the extent that the law in question authorisesthe attachment, by order of a court, of any amount of compensation to which a person is entitled in satisfaction of the judgment of a court or pending the determination of civil proceedings to which he is a party; the imposition of reasonable restrictions on the manner in which any sum of money is to be remitted; or the imposition of reasonable restrictions upon the remission of any sum of money in order to prevent or regulate the transfer to a country outside saint lucia of capital raised in saint lucia or in some other country or derived from the natural resources of saint lucia. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) of this sectionto the extent that the law in question makes provision for the taking of possession or acquisition of any property, interest or rightin satisfaction of any tax, rate or due; by way of penalty for breach of any law or forfeiture in consequence of breach of any law; as an incident of a lease, tenancy, mortgage, hypothec, charge, bill of sale, pledge or contract; in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations; in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or likely to be injurious to the health of human beings, animals or plants; in consequence of any law with respect to the limitation of actions; or for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, for the purposes of the carrying out thereon of work of soil conservation or the conservation of other natural resources or work relating to agricultural development or improvement (being work relating to such development or improvement that the owner or occupier of the land has been required, and has without reasonable excuse refused or failed, to carry out), and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society; or to the extent that the law in question makes provision for the taking of possession or acquisition of any of the following property (including an interest in or right over property), that is to sayenemy property; property of a deceased person, a person of unsound mind or a person who has not attained the age of eighteen years, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein; property of a person adjudged bankrupt or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the bankrupt or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; or property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust. nothing contained in or done under the authority of any law enacted by parliament shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision for the compulsory taking of possession of any property, or the compulsory acquisition of any interest in or right over property, where that property, interest or right is held by a body corporate established by law for public purposes in which no monies have been invested other than monies provided by parliament. in this section"property" means any land or other thing capable of being owned or held in possession and includes any right relating thereto, whether under a contract, trust or law or otherwise and whether present or future, absolute or conditional; "acquisition", in relation to an interest in or right over property, means transferring that interest or right to another person or extinguishing or curtailing that interest or right. 7 except with his own consent, a person shall not be subjected to the search of his person or his property or the entry by others on his premises. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provisionthat is reasonably required in the interests of defence, public safety, public order, public morality, public health, town and country planning, the development and utilisation of mineral resources or the development or utilisation of any property for a purpose beneficial to the community; that is reasonably required for the purpose of protecting the rights or freedoms of other persons; that authorises an officer or agent of the government, a local government authority or a body corporate established by law for public purposes to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or due or in order to carry out work connected with any property that is lawfully on those premises and that belongs to the government or to that authority or body corporate, as the case may be; or that authorises, for the purpose of enforcing the judgment or order of a court in any civil proceedings, the search of any person or property by order of a court or entry upon any premises by such order, and except so far as that provision or, as the case may be, anything done under the authority thereof is shown not to be reasonably justifiable in a democratic society. 8 if any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law. every person who is charged with a criminal offenceshall be presumed to be innocent until he is proved or has pleaded guilty; shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence charged; shall be given adequate time and facilities for the preparation of his defence; shall be permitted to defend himself before the court in person or, at his own expense, by a legal practitioner of his own choice; shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial, and except with his own consent the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence: provided that the trial may take place in his absence in any case in which it is so provided by a law under which he is entitled to adequate notice of the charge and the date, time and place of the trial and to a reasonable opportunity of appearing before the court. when a person is tried for any criminal offence, the accused person or any person authorised by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court. a person shall not be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed. a person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall not again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal. a person shall not be tried for a criminal offence if he shows that he has been pardoned for that offence. a person who is tried for a criminal offence shall not be compelled to give evidence at the trial. any court or other authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other authority, the case shall be given a fair hearing within a reasonable time. where the existence or extent of any civil right or obligation has been determined in proceedings in any court or before any other authority any party to those proceedings shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be entitled to obtain within a reasonable time after the judgment or other determination a copy of any record of the proceedings made by or on behalf of the court or other authority. except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other authority, including the announcement of the decision of the court or other authority, shall be held in public. nothing in subsection (10) of this section shall prevent the court or other adjudicating authority from excluding from the proceedings persons other than the parties thereto and the legal practitioners representing them to such extent as the court or other authoritymay by law be empowered to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory proceedings or in the interests of public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings; or may by law be empowered or required to do in the interests of defence, public safety or public order. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention ofsubsection (2)(a) of this section to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts; subsection (2)(e) of this section to the extent that the law in question imposes reasonable conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or subsection (5) of this section to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law. in the case of any person who is held in lawful detention the provisions of subsection (1), paragraphs (d) and (e) of subsection (2) and subsection (3) of this section shall not apply in relation to his trial for a criminal offence under the law regulating the discipline of persons held in such detention. in this section "criminal offence" means a criminal offence under a law. 9 except with his own consent, a person shall not be hindered in the enjoyment of his freedom of conscience, including freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance. except with his own consent (or, if he is a person under the age of eighteen years, the consent of his guardian) a person attending any place of education, detained in any prison or corrective institution or serving in a naval, military or air force shall not be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction ceremony or observance relates to a religion which is not his own. every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education which it maintains; and no such community shall be prevented from providing religious instruction for persons of that community in the course of any education provided by that community whether or not it is in receipt of a government subsidy or other form of financial assistance designed to meet in whole or in part the cost of such course of education. a person shall not be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision which is reasonably requiredin the interests of defence, public safety, public order, public morality or public health; for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion without the unsolicited intervention of members of any other religion; or for the purpose of regulating educational institutions in the interests of the persons who receive or may receive instruction in them, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. references in this section to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly. 10 except with his own consent, a person shall not be hindered in the enjoyment of his freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provisionthat is reasonably required in the interests of defence, public safety, public order, public morality or public health; that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts or regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless broadcasting or television; or that imposes restrictions upon public officers that are reasonably required for the proper performance of their functions, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. 11 except with his own consent, a person shall not be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his interests or to form or belong to political parties or other political associations. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provisionthat is reasonably required in the interests of defence, public safety, public order, public morality or public health; that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or that imposes restrictions upon public officers that are reasonably required for the proper performance of their functions, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. 12 a person shall not be deprived of his freedom of movement that is to say, the right to move freely throughout saint lucia, the right to reside in any part of saint lucia, the right to enter saint lucia, the right to leave saint lucia and immunity from expulsion from saint lucia. any restriction on a person's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this section. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provisionfor the imposition of restrictions on the movement or residence within saint lucia of any person or on any person's right to leave saint lucia that are reasonably required in the interests of defence, public safety or public order; for the imposition of restrictions on the movement or residence within saint lucia or on the right to leave saint lucia of persons generally or any class of persons in the interests of defence, public safety, public order, public morality or public health or, in respect of the right to leave saint lucia, of securing compliance with any international obligation of the government particulars of which have been laid before the senate and the house and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society; for the imposition of restrictions, by order of a court, on the movement or residence within saint lucia of any person or on any person's right to leave saint lucia either in consequence of his having been found guilty of a criminal offence under a law or for the purpose of ensuring that he appears before a court at a later date for trial of such a criminal offence or for proceedings preliminary to trial or for proceedings relating to his extradition or lawful removal from saint lucia; for the imposition of restrictions on the freedom of movement of any person who is not a citizen; for the imposition of restrictions on the acquisition or use by any person of land or other property in saint lucia; for the imposition of restrictions upon the movement or residence within saint lucia or on the right to leave saint lucia of any public officer that are reasonably required for the proper performance of his functions; for the removal of a person from saint lucia to be tried or punished in some other country for a criminal offence under the law of that other country or to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offence under a law of which he has been convicted; or for the imposition of restrictions on the right of any person to leave saint lucia that are reasonably required in order to secure the fulfilment of any obligations imposed on that person by law and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. if any person whose freedom of movement has been restricted by virtue of such a provision as is referred to in subsection (3)(a) of this section so requests at any time during the period of that restriction not earlier than twenty-one days after the order was made or three months after he last made such a request, as the case may be, his case shall be reviewed by an independent and impartial tribunal presided over by a person appointed by the chief justice from among persons who are legal practitioners. on any review by a tribunal in pursuance of subsection (4) of this section of the case of any person whose freedom of movement has been restricted, the tribunal may make recommendations concerning the necessity or expediency of the continuation of that restriction to the authority by whom it was ordered and, unless it is otherwise provided by law, that authority shall be obliged to act in accordance with any such recommendations. 13 subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision that is discriminatory either of itself or in its effect. subject to the provisions of subsections (6), (7) and (8) of this section, no person shall be treated in a discriminatory manner by any person or authority. in this section, the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by sex, race, place of origin, political opinions, colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description. subsection (1) of this section shall not apply to any law so far as that law makes provisionfor the appropriation of public revenues or other public funds; with respect to persons who are not citizens; for the application, in the case of persons of any such description as is mentioned in subsection (3) of this section (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters which is the personal law of persons of that description; whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any disability or restriction or may be accorded any privilege or advantage that, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society. nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to sex, race, place of origin, political opinions, colour or creed) to be required of any person who is appointed to or to act in any office or employment. subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (4) or subsection (5) of this section. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 7, 9, 10, 11 and 12 of this constitution, being such a restriction as is authorised by section 7(2), section 9(5), section 10(2), section 11(2) or paragraph (a), (b) or (h) of section 12(3), as the case may be. nothing contained in subsection (2) of this section shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this constitution or any other law. 14 without prejudice to the powers of parliament, but subject to the provisions of this section, where any period of public emergency exists, the governor-general may, due regard being had to the circumstances of any situation likely to arise or exist during such period, make regulations for the purpose of dealing with that situation and issue orders and instructions for the purpose of the exercise of any powers conferred on him or any other person by any law referred to in subsection (3) of this section or instrument made under this section or any such law. without prejudice to the generality of subsection (1) of this section regulations made under that subsection may make provision for the detention of persons. a law enacted by parliament that is passed during a period of public emergency and is expressly declared to have effect only during that period or any regulation made under subsection (1) of this section shall have effect even though inconsistent with sections 3 or 13 of this constitution except in so far as its provisions may be shown not to be reasonably justifiable for the purpose of dealing with the situation that exists during that period. 15 when a person is detained by virtue of any such law as is referred to in section 14 of this constitution the following provisions shall apply, that is to say:he shall, with reasonable promptitude and in any case not more than seven days after the commencement of his detention, be informed in a language that he understands and in detail of the grounds upon which he is detained and furnished with a written statement in english specifying those grounds in detail; not more than fourteen days after the commencement of his detention, a notification shall be published in the official gazette stating that he has been detained and giving particulars of the provision of law under which his detention is authorised; not more than one month after the commencement of his detention and thereafter during his detention at intervals of not more than three months, his case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the chief justice from among persons who are legal practitioners; he shall be afforded reasonable facilities for private communication and consultation with a legal practitioner of his own choice who shall be permitted to make representations to the tribunal appointed for the review of the case of the detained person; and at the hearing of his case by the tribunal appointed for the review of his case he shall be permitted to appear in person or to be represented by a legal practitioner of his own choice. on any review by a tribunal in pursuance of this section of the case of a detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by which it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations. nothing contained in subsection (1)(d) or subsection (1)(e) of this section shall be construed as entitling a person to legal representation at public expense. 16 if any person alleges that any of the provisions of sections 2 to 15 inclusive of this constitution has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the high court for redress. the high court shall have original jurisdictionto hear and determine any application made by any person in pursuance of subsection (1) of this section; and to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3) of this section, and may make such declarations and orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of sections 2 to 15 (inclusive) of this constitution: provided that the high court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law. if in any proceedings in any court (other than the court of appeal or the high court or a court-martial) any question arises as to the contravention of any of the provisions of sections 2 to 15 (inclusive) of this constitution, the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question to the high court unless, in his opinion, the raising of the question is merely frivolous or vexatious. where any question is referred to the high court in pursuance of subsection (3) of this section, the high court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal to the court of appeal or to her majesty in council, in accordance with the decision of the court of appeal or, as the case may be, of her majesty in council. the high court shall have such powers in addition to those conferred by this section as may be conferred upon it by parliament for the purpose of enabling it more effectively to exercise the jurisdiction conferred upon it by this section. the chief justice may make rules with respect to the practice and procedure of the high court in relation to the jurisdiction and powers conferred on it by or under this section (including rules with respect to the time within which applications may be brought and references shall be made to the high court). 17 the governor-general may, by proclamation which shall be published in the official gazette, declare that a state of emergency exists for the purposes of this chapter. a proclamation under this section shall not be effective unless it contains a declaration that the governor-general is satisfiedthat a public emergency has arisen as a result of the imminence of a state of war between saint lucia and a foreign state; that a public emergency has arisen as a result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence or of infectious disease, or other calamity whether similar to the foregoing or not; or that action has been taken, or is immediately threatened, by any person, of such a nature and on so extensive a scale, as to be likely to endanger the public safety or to deprive the community or any substantial portion of the community of supplies or services essential to life. every declaration of emergency shall lapsein the case of a declaration made when parliament is sitting, at the expiration of a period of seven days beginning with the date of publication of the declaration; and in any other case, at the expiration of a period of twenty-one days beginning with the date of publication of the declaration. unless it has in the meantime been approved by resolutions of the senate and the house. a declaration of emergency may at any time be revoked by the governor-general by proclamation which shall be published in the official gazette. a declaration of emergency that has been approved by resolutions of the senate and the house in pursuance of subsection (3) of this section shall remain in force so long as both those resolutions remain in force and no longer. a resolution of the senate or the house passed for the purposes of this section shall remain in force for twelve months or such shorter period as may be specified therein: provided that any such resolution may be extended from time to time by a further such resolution, each extension not exceeding twelve months from the date of the resolution effecting the extension; and any such resolution may be revoked at any time by a further resolution. a resolution of the house for the purposes of subsection (3) of this section and a resolution of the house extending any such resolution shall not be passed in the house unless it is supported by the votes of a majority of all the members of the house. any provision of this section that a declaration of emergency shall lapse or cease to be in force at any particular time is without prejudice to the making of a further such declaration whether before or after that time. 18 in this chapter, unless the context otherwise requires"contravention", in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly; "court" means any court of law having jurisdiction in saint lucia other than a court established by a disciplinary law, and includes her majesty in council and in sections 2 and 4 of this constitution a court established by a disciplinary law; "disciplinary law" means a law regulating the discipline of any disciplined force; "disciplined force" meansa naval, military or air force; the police force; a prison service; or any such other force or service as may be prescribed by parliament. "legal practitioner" means a person entitled to be in or to enter saint lucia and entitled to practise as a barrister in saint lucia or, except in relation to proceedings before a court in which a solicitor has no right of audience, entitled to practise as a solicitor in saint lucia; "member", in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline. in this chapter "period of public emergency" means any period during whichher majesty is at war; or there is in force a proclamation by the governor-general declaring that a state of public emergency exists; or there is in force a resolution of the house supported by the votes of not less than two thirds of all the members of the house declaring that democratic institutions in saint lucia are threatened by subversion. in relation to any person who is a member of a disciplined force of saint lucia, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this chapter other than sections 2, 4 and 5 of this constitution. in relation to any person who is a member of a disciplined force of a country other than saint lucia that is lawfully present in saint lucia, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this chapter. chapter ii. the governor-general there shall be a governor-general of saint lucia who shall be a citizen appointed by her majesty and shall hold office during her majesty's pleasure and who shall be her majesty's representative in saint lucia. 20 during any period when the office of governor-general is vacant or the holder of the office of governor-general is absent from saint lucia or is for any other reason unable to perform the functions of his office those functions shall be performed by such person as her majesty may appoint. any such person as aforesaid shall not continue to perform the functions of the office of governor-general if the holder of the office of governor-general or some other person having a prior right to perform the functions of that office has notified him that he is about to assume or resume those functions. the holder of the office of governor-general shall not, for the purposes of this section, be regarded as absent from saint lucia or as unable to perform the functions of his officeby reason that he is in passage from one part of saint lucia to another; or at any time when there is a subsisting appointment of a deputy under section 22 of this constitution. a person appointed to hold the office of governor-general shall, before entering upon the duties of that office, take and subscribe the oath of allegiance and the oath of office. 22 whenever the governor-generalhas occasion to be absent from the seat of government but not from saint lucia; has occasion to be absent from saint lucia for a period which he considers, acting in his own deliberate judgment, will be of short duration; or is suffering from an illness which he considers, acting in his own deliberate judgment, will be of short duration. he may, acting in accordance with the advice of the prime minister, appoint any person in saint lucia to be his deputy during such absence or illness and in that capacity to perform on his behalf such of the functions of the office of governor-general as may be specified in the instrument by which he is appointed. the power and authority of the governor-general shall not be abridged, altered or in any way affected by the appointment of a deputy under this section, and, subject to the provisions of this constitution, a deputy shall conform to and observe all instructions that the governor-general, acting in his own deliberate judgment, may from time to time address to him: provided that the question whether or not a deputy has conformed to and observed any such instructions shall not be enquired into by any court of law. a person appointed as deputy under this section shall hold that appointment for such period as may be specified in the instrument by which he is appointed, and his appointment may be revoked at any time by the governor-general, acting in accordance with the advice of the prime minister. chapter iii. parliament part 1. composition of parliament there shall be a parliament of saint lucia which shall consist of her majesty, a senate and a house of assembly. the senate 24 the senate shall consist of eleven senators and such other senators as may be temporarily appointed under section 28 of this constitution. of the eleven senatorssix shall be appointed by the governor-general, acting in accordance with the advice of the prime minister; three shall be appointed by the governor-general, acting in accordance with the advice of the leader of the opposition; and two shall be appointed by the governor-general, acting in his own deliberate judgment after he has consulted those religious, economic or social bodies or associations from which he considers that such senators should be selected. subject to the provisions of section 26 of this constitution, a person shall be qualified to be appointed as a senator if, and shall not be so qualified unless, heis a commonwealth citizen who has attained the age of thirty years; has been ordinarily resident in saint lucia for a period of five years immediately before the date of his appointment; and is able to speak and, unless incapacitated by blindness or other physical cause, to read the english language with sufficient proficiency to enable him to take an active part in the proceedings of the senate. 26 no person shall be qualified to be appointed as a senator if, at the date of his appointment, heis, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power or state; is a minister of religion (except in the case of an appointment under section 24(2)(c) of this constitution); is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of the commonwealth; is a person certified to be insane or otherwise adjudged to be of unsound mind under any such law; is under sentence of death imposed on him by a court of law in any part of the commonwealth or is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended; or subject to such exceptions and limitations as may be prescribed by parliament, has any such interest in any such government contract as may be prescribed. if it is so provided by parliament, a person who is convicted by any court of any offence that is prescribed by parliament and that is connected with the election of members of the house or who is reported guilty of such an offence by the court trying an election petition shall not be qualified, for such period (not exceeding five years) following his conviction or, as the case may be, following the report of the court as may be so prescribed, to be appointed as a senator. no person shall be qualified to be appointed as a senator who is a member or is nominated as a candidate for election to the house. if it is so provided by parliament, and subject to such exceptions and limitations (if any) as parliament may prescribe, a person shall not be qualified to be appointed as a senator if, at the date of his appointmenthe holds or is acting in any office or appointment (whether specified individually or by reference to a class of office or appointment); he belongs to any of the armed forces of the crown or to any class of person that is comprised in any such force; or he belongs to any police force or to any class of person that is comprised in any such force. in subsection (1) of this section"contract" means any contract made with the government or with a department of the government or with an officer of the government contracting as such; "minister of religion" means any person in holy orders and any other person the functions of whose principal occupation include teaching or preaching in any congregation for religious worship. for the purposes of paragraph (e) of subsection (1) of this sectiontwo or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds twelve months, but if any one of such sentences exceeds that term they shall be regarded as one sentence; and no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine. 27 a senator shall vacate his seat in the senate at the next dissolution of parliament after his appointment. a senator shall also vacate his seat in the senateif he is absent from the sittings of the senate for such period and in such circumstances as may be prescribed in the rules of procedure of the senate; if he ceases to be a commonwealth citizen; if, with his consent, he is nominated as a candidate for election to the house or if he is elected to be a member of the house; subject to the provisions of subsection (3) of this section, if any other circumstances arise that, if he were not a senator, would cause him to be disqualified to be appointed as such by virtue of subsection (1) of section 26 of this constitution or by virtue of any law enacted in pursuance of subsection (2) or (4) of that section; or if the governor-general, acting in accordance with the advice of the prime minister in the case of a senator appointed under paragraph (a) of subsection (2) of section 24 of this constitution or in accordance with the advice of the leader of the opposition in the case of a senator appointed under paragraph (b) of that subsection or in his own deliberate judgment after such consultation as is specified in paragraph (c) of that subsection in the case of a senator appointed under that paragraph, declares the seat of that senator to be vacant. 3 if any circumstances such as are referred to in paragraph (d) of subsection (2) of this section arise because any senator is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of an offence relating to elections and if it is open to the senator to appeal against the decision (either with the leave of a court or other authority or without such leave), he shall forthwith cease to perform his functions as a member of the senate but, subject to the provisions of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafter: provided that the president may, at the request of the senator, from time to time, extend that period for further periods of thirty days to enable the senator to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the senate. if on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the senator, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the senator to appeal, he shall forthwith vacate his seat. if at any time before the senator vacates his seat such circumstances as aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (a) of this subsection and he may resume the performance of his functions as a member of the senate. 28 if the governor-general considers that a senator is, by reason of his illness or absence from saint lucia, unable to perform his functions as a member of the senate the governor-general maydeclare that that senator is so unable; and appoint a person to be a senator for the period of that senator's inability to perform his functions. a senator who has been declared, in accordance with the provisions of subsection (1) of this section, to be unable to perform his functions as a member of the senate shall not take part in the proceedings of the senate until he is declared by the governor-general again to be able to perform those functions. without prejudice to the provisions of section 27 of this constitution a senator appointed under this section shall vacate his seat in the senate when the senator on account of whose inability to perform his functions he was appointed is again declared to be able to perform his functions or if that senator vacates his seat. in the exercise of the powers conferred on him by this section the governor-general shall actin accordance with the advice of the prime minister in relation to a senator appointed in pursuance of paragraph (a) of subsection (2) of section 24 of this constitution; in accordance with the advice of the leader of the opposition in relation to a senator appointed in pursuance of paragraph (b) of that subsection; and in his own deliberate judgment after such consultation as is specified in paragraph (c) of that subsection in relation to a senator appointed in pursuance of that paragraph. 29 when the senate first meets after any dissolution of parliament and before it proceeds to the despatch of any other business, it shall elect a senator, not being a minister or a parliamentary secretary, to be president of the senate; and whenever the office of president is vacant otherwise than by reason of a dissolution of parliament, the senate shall, not later than its second sitting after the vacancy has arisen, elect another senator to fill that office. when the senate first meets after any dissolution of parliament, it shall, as soon as practicable, elect a senator, not being a minister or a parliamentary secretary, to be deputy president of the senate; and whenever the office of deputy president becomes vacant, the senate shall, as soon as convenient, elect another senator to fill that office. a person shall vacate the office of president or deputy presidentif he ceases to be a senator: provided that the president shall not vacate his office by reason only that he has ceased to be a senator on a dissolution of parliament until the senate first meets after that dissolution; if he is appointed to be a minister or a parliamentary secretary; or in the case of the deputy president, if he is elected to be president. 4 if, by virtue of section 27(3)(a) of this constitution, the president or deputy president is required to cease to perform his functions as a member of the senate he shall also cease to perform his functions as president or deputy president, as the case may be, and those functions shall, until he vacates his seat in the senate or resumes the performance of the functions of his office, be performedin the case of the president, by the deputy president or, if the office of deputy president is vacant or the deputy president is required to cease to perform his functions as a member of the senate by virtue of section 27(3) of this constitution, by such senator (not being a minister or a parliamentary secretary) as the senate may elect for the purpose; in the case of the deputy president, by such senator (not being a minister or a parliamentary secretary) as the senate may elect for the purpose. if the president or deputy president resumes the performance of his functions as a member of the senate, in accordance with the provisions of section 27(3)(c) of this constitution, he shall also resume the performance of his functions as president or deputy president, as the case may be. the house of assembly 30 the house shall consist of such number of members as corresponds with the number of constituencies for the time being established in accordance with the provisions of section 58 of this constitution, who shall be elected in accordance with the provisions of section 33 of this constitution. if a person who is not a member of the house is elected to be speaker he shall, by virtue of holding the office of speaker, be a member of the house. at any time when the office of attorney-general is a public office, the attorney-general shall, by virtue of holding or acting in that office, be a member of the house. subject to the provisions of section 32 of this constitution, a person shall be qualified to be elected as a member of the house if, and shall not be so qualified unless, heis a citizen of the age of twenty-one years or upwards; was born in saint lucia and is domiciled and resident there at the date of his nomination or, having been born elsewhere, has resided there for a period of twelve months immediately before that date; and is able to speak and, unless incapacitated by blindness or other physical cause, to read the english language with a degree of proficiency sufficient to enable him to take an active part in the proceedings of the house. 32 a person shall not be qualified to be elected as a member of the house (hereinafter in this section referred to as a member) if heis by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power or state; is a minister of religion; is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of the commonwealth; is a person certified to be insane or otherwise adjudged to be of unsound mind under any such law; is under sentence of death imposed on him by a court of law in any part of the commonwealth or is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended; or subject to such exceptions and limitations as may be prescribed by parliament, has an interest in any government contract. if it is so provided by parliament, a person shall not be qualified to be elected as a member if he holds or is acting in any office that is specified by parliament and the functions of which involve responsibility for, or in connection with, the conduct of any election of members or the compilation of any register of voters for the purpose of electing members. if it is so provided by parliament, a person who is convicted by any court of law of any offence that is prescribed by parliament and that is connected with the election of members or who is reported guilty of such an offence by the court trying an election petition shall not be qualified, for such period (not exceeding seven years) following his conviction or, as the case may be, following the report of the court as may be so prescribed, to be elected as a member. a person shall not be qualified to be elected as a member if he is a senator. if it is so provided by parliament and subject to such exceptions and limitations (if any) as parliament may prescribe, a person shall not be qualified to be elected as a member ifhe holds or is acting in any office or appointment (whether specified individually or by reference to a class of office or appointment); he belongs to any of the armed forces of saint lucia or to any class of person that is comprised in any such force; he belongs to any police force or to any class of person that is comprised in any such force; or he has, within such period (not exceeding three years) as parliament may prescribe, held or acted in any office or appointment the tenure of which would, by virtue of any provision made under this subsection, disqualify him for election as a member, being an office or appointment the emoluments of which exceed such amount as parliament may prescribe. in subsection (1) of this section"government contract" means any contract made with the government or with a department of the government or with an officer of the government contracting as such; "minister of religion" means any person in holy orders and any other person the functions of whose principal occupation include teaching or preaching in any congregation for religious worship. for the purposes of paragraph (e) of subsection (1) of this sectiontwo or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds twelve months, but if any one of such sentences exceeds that term they shall be regarded as one sentence; and no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine. 33 each of the constituencies established in accordance with the provisions of section 58 of this constitution shall return one member to the house who shall be directly elected in such manner as may, subject to the provisions of this constitution, be prescribed by or under any law. 2 every commonwealth citizen of the prescribed age who possesses such qualifications relating to residence or domicile in saint lucia as parliament may prescribe shall, unless he is disqualified by parliament from registration as a voter for the purpose of electing members of the house, be entitled to be registered as such a voter in accordance with the provisions of any law in that behalf, and no other person may be so registered. every person who is registered as aforesaid in any constituency shall, unless he is disqualified by parliament from voting in that constituency in any election of members of the house, be entitled so to vote, in accordance with the provisions of any law in that behalf, and no other person may so vote. for the purposes of this subsection the prescribed age shall be the age of twenty-one years or such lower age, not being less than eighteen years, as parliament may prescribe. in any election of members of the house the votes shall be given by ballot in such manner as not to disclose how any particular person votes. 34 a member of the house (hereinafter in this section referred to as a member) shall vacate his seat in the house at the next dissolution of parliament after his election. a member shall also vacate his seat in the houseif he is absent from the sittings of the house for such period and in such circumstances as may be prescribed in the rules of procedure of the house; if he ceases to be a citizen; or subject to the provisions of subsection (3) of this section, if any other circumstances arise that, if he were not a member, would cause him to be disqualified to be elected as such by virtue of subsection (1) of section 32 of this constitution or of any law enacted in pursuance of subsection (2), (3) or (5) of that section. 3 if any circumstances such as are referred to in paragraph (c) of subsection (2) of this section arise because any member is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of an offence relating to elections and if it is open to the member to appeal against the decision (either with the leave of a court of law or other authority or without such leave), he shall forthwith cease to perform his functions as a member but, subject to the provisions of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafter: provided that the speaker may, at the request of the member, from time to time extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the house. if, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the member, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the member to appeal, he shall forthwith vacate his seat. if at any time before the member vacates his seat such circumstances aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (a) of this subsection and he may resume the performance of his functions as a member. references in this section to a member do not include references to a speaker who was elected from among persons who were not members of the house. 35 when the house first meets after any general election of members and before it proceeds to the despatch of any other business, it shall elect a person to be the speaker; and if the office of speaker falls vacant at any time before the next dissolution of parliament, the house shall, as soon as practicable, elect another person to that office. the speaker may be elected either from among the members of the house who are not members of the cabinet or parliamentary secretaries or from among persons who are not members of the house: provided that a person who is not a member of the house shall not be elected as speaker ifhe is not a commonwealth citizen; or he is a person disqualified to be elected as a member by virtue of subsection (1) or (4) of section 32 of this constitution or by virtue or any law enacted in pursuance of subsection (2), (3) or (5) of that section. no business shall be transacted in the house (other than the election of a speaker) at any time when the office of speaker is vacant. a person shall vacate the office of speakerin the case of a speaker who was elected from among the members of the houseif he ceases to be a member of the house: provided that the speaker shall not vacate his office by reason only that he ceased to be a member of the house on a dissolution of parliament, until the house first meets after the dissolution; or if he becomes a member of the cabinet or a parliamentary secretary; in the case of a speaker who was elected from among persons who were not members of the housewhen the house first meets after any dissolution of parliament; if he ceases to be a commonwealth citizen; if any circumstances arise that would cause him to be disqualified to be elected as a member by virtue of subsection (1) or (4) of section 32 of this constitution or by virtue of any law enacted in pursuance of subsection (2), (3) or (5) of that section. if, by virtue of section 34(3) of this constitution, the speaker (being an elected member of the house) is required to cease to perform his functions as a member of the house he shall also cease to perform his functions as speaker; and if the speaker resumes the performance of his functions as a member of the house, in accordance with the provisions of that section, he shall also resume the performance of his functions as speaker. at any time when, by virtue of section 34(3) of this constitution, the speaker is unable to perform the functions of his office, those functions shall, until he vacates his seat in the house or resumes the performance of the functions of his office, be performed by the deputy speaker or, if the office of deputy speaker is vacant or the deputy speaker is required to cease to perform his functions as a member of the house by virtue of that subsection, by such member of the house (not being a member of the cabinet or a parliamentary secretary) as the house may elect for the purpose. 36 when the house first meets after any general election of members and before it proceeds to the despatch of any other business except the election of the speaker, the house shall elect a member of the house, who is not a member of the cabinet or a parliamentary secretary, to the deputy speaker of the house and if the office of deputy speaker falls vacant at any time before the next dissolution of parliament, the house shall, as soon as convenient, elect another member of the house to that office. a person shall vacate the office of deputy speakerif he ceases to be a member of the house; if he becomes a member of the cabinet or a parliamentary secretary; or if he is elected to be speaker. if, by virtue of section 34(3) of this constitution, the deputy speaker is required to cease to perform his functions as a member of the house he shall also cease to perform his functions as deputy speaker and if the deputy speaker resumes the performance of his functions as a member of the house, in accordance with the provisions of that section, he shall also resume the performance of his functions as deputy speaker. at any time when, by virtue of section 34(3) of this constitution, the deputy speaker is unable to perform the functions of his office, those functions shall, until he vacates his seat in the house or resumes the performance of the functions of his office, be performed by such member of the house (not being a member of the cabinet or a parliamentary secretary) as the house may elect for the purpose. 37 the electoral commission shall be responsible for the registration of voters for the purpose of electing members of the house and for the conduct of elections of members of the house and shall have such powers and other functions relating to such registration and elections as may be prescribed by law. in the discharge of its functions the electoral commission shall be assisted by a chief elections officer, whose office shall be a public office, and the commission may give such directions as it considers necessary or expedient to the officer, who shall comply with such directions or cause them to be complied with. for the purposes of the exercise of his functions under subsection (2) of this section, the chief elections officer may give such directions as he considers necessary or expedient to any registering officer, presiding officer or returning officer relating to the exercise by that officer of his functions under any law regulating the registration of voters or the conduct of elections, and any officer to whom directions are given under this subsection shall comply with those directions. the electoral commission may make such reports to the governor-general concerning the matters for which it is responsible under this section or any draft bill or instrument that is referred to it under section 52 of this constitution, as it may think fit and if the commission so requests in any such report other than a report on a draft bill or instrument that report shall be laid before the house. without prejudice to the provisions of subsection (2) of this section, in the exercise of his functions under this section the chief elections officer shall not be subject to the direction or control of any other person or authority. the question whether the chief elections officer has acted in accordance with the directions of the electoral commission shall not be enquired into in any court of law. general provisions 38 there shall be a clerk of the senate and a clerk of the house: provided that the offices of clerk of the senate and clerk of the house may be held by the same person. subject to the provisions of any law enacted by parliament the offices of clerk of the senate and clerk of the house and the members of their staff shall be public offices. 39 the high court shall have jurisdiction to hear and determine any question whetherany person has been validly elected as a member of the house; any person has been validly appointed as a senator; any person who has been elected as speaker from among persons who were not members of the house was qualified to be so elected or has vacated the office of speaker; any senator or any elected member of the house has vacated his seat or is required, under the provisions of section 27(3) or 34(3) of this constitution, to cease to perform any of his functions as a member of the senate or of the house. an application to the high court for the determination of any question under subsection (1)(a) of this section may be made by any person entitled to vote in the election to which the application relates or by any person who was a candidate at that election or by the attorney-general. an application to the high court for the determination of any question under subsection (1)(b) or (1)(c) of this section may be made by any registered voter or by the attorney-general. an application to the high court for the determination of any question under subsection (1)(d) of this section may be madeby a registered voter or by the attorney-general; or in relation to the senate, by a senator and in relation to the house, by a member of the house. if any application is made by a person other than the attorney-general to the high court for the determination of any question under this section, the attorney-general may intervene and may then appear or be represented in the proceedings. the circumstances and manner in which and the imposition of conditions upon which any application may be made to the high court for the determination of any question under this section and the powers, practice and procedure of the high court in relation to any such application shall be regulated by such provision as may be made by parliament. an appeal shall lie as of right to the court of appeal from any final decision of the high court determining such a question as is referred to in subsection (1) of this section. no appeal shall lie from any decision of the court of appeal in exercise of the jurisdiction conferred by subsection (7) of this section and no appeal shall lie from any decision of the high court in proceedings under this section other than a final decision determining such a question as is referred to in subsection (1) of this section. in the exercise of his functions under this section, the attorney-general shall not be subject to the direction or control of any other person or authority. in this section "registered voter" means a person registered as a voter in accordance with section 33(2)(a) of this constitution. part 2. legislation and procedure of parliament subject to the provisions of this constitution parliament may make laws for the peace, order and good government of saint lucia. 41 parliament may alter any of the provisions of this constitution or of the supreme court order in the manner specified in the following provisions of this section. a bill to alter this section, schedule 1 to this constitution or any of the provisions of this constitution specified in part i of that schedule or any of the provisions of the supreme court order specified in part ii of that schedule shall not be regarded as being passed by the house unless on its final reading in the house the bill is supported by the votes of not less than three-quarters of all the members of the house. a bill to alter any of the provisions of this constitution or, as the case may be, of the supreme court order other than those referred to in subsection (2) of this section shall not be regarded as being passed by the house unless on its final reading in the house the bill is supported by the votes of not less than two-thirds of all the members of the house. an amendment made by the senate to a bill to which subsection (2) of this section applies shall not be regarded as being agreed to by the house for the purposes of section 50 of this constitution unless such agreement is signified by resolution supported by the votes of not less than three-quarters of all the members of the house. an amendment made by the senate to a bill to which subsection (3) of this section applies shall not be regarded as being agreed to by the house for the purposes of section 50 of this constitution unless such agreement is signified by resolution supported by the votes of not less than two-thirds of all the members of the house. a bill to alter any of the provisions of this constitution or the supreme court order shall not be submitted to the governor-general for his assentunless there has been an interval of not less than ninety days between the introduction of the bill in the house and the beginning of the proceedings in the house on the second reading of the bill; and if the bill provides for the alteration of this section, schedule 1 to this constitution or any of the provisions of this constitution or the supreme court order specified in that schedule, unless after it has been passed by the senate and the house or, in the case of a bill to which section 50 of this constitution applies, after its rejection by the senate for the second time, the bill has been approved on a referendum, held in accordance with such provision as may be made in that behalf by parliament, by a majority of the votes validly cast on that referendum. the provisions of paragraph (b) of subsection (6) of this section shall not apply in relation to any bill to altersection 107 of this constitution in order to give effect to any agreement between saint lucia and the united kingdom concerning appeals from any court having jurisdiction in saint lucia to her majesty in council; any of the provisions of the supreme court order in order to give effect to any international agreement to which saint lucia is a party relating to the supreme court or any other court (or any officer or authority having functions in respect of any such court) constituted in common for saint lucia and for other countries also parties to the agreement. every person who, at the time when the referendum is held, would be entitled to vote for the purpose of electing members of the house shall be entitled to vote on a referendum held for the purposes of this section in accordance with such procedures as may be prescribed by parliament for the purposes of the referendum and no other person shall be entitled so to vote. in any referendum for the purposes of this section the votes shall be given by ballot in such manner as not to disclose how any particular person votes. the conduct of any referendum for the purposes of this section shall be the responsibility of the electoral commission and the provisions of sections 37 and 52 of this constitution shall apply in relation to the referendum as they apply in relation to elections of members of the house and legislation relating thereto. 11 a bill to alter any of the provisions of this constitution or the supreme court order shall not be submitted to the governor-general for his assent unless it is accompanied by a certificate under the hand of the speaker that the provisions of subsection (2), (3), (4) or (5) of this section, as the case may be, have been complied with and, where a referendum has been held in pursuance of subsection (6)(b) of this section, by a certificate under the hand of the chief elections officer stating the results of the referendum. the certificate of the speaker under this subsection shall be conclusive that the provisions of subsection (2), (3), (4) or (5) of this section, as the case may be, have been complied with and shall not be enquired into in any court of law. in this subsection references to the speaker shall, if the person holding the office of speaker is for any reason unable to perform the functions of his office and no other person is performing them, include references to the deputy speaker. in this section and schedule 1 to this constitution references to any of the provisions of this constitution or the supreme court order include references to any law that alters that provision. without prejudice to any provision made by parliament relating to the powers, privileges and immunities of the senate or the house and the committees thereof, or the privileges and immunities of the members and officers of the senate or the house and of other persons concerned in the business of the senate or the house or the committees thereof, no civil or criminal proceedings may be instituted against any member of the senate or the house for words spoken before, or written in a report to, the senate or the house or a committee thereof or by reason of any matter or thing brought by him therein by petition, bill, resolution, motion or otherwise. 43 every member of the senate or the house shall, before taking his seat therein, take and subscribe before the senate or the house, as the case may be, the oath of allegiance but a member may before taking that oath take part in the election of the president or speaker. any person elected to the office of president or speaker shall, if he has not already taken and subscribed the oath of allegiance under subsection (1) of this section, take and subscribe that oath before the senate or the house, as the case may be, before entering upon the duties of his office. there shall preside at any sitting of the senate or the housethe president or speaker; in the absence of the president or speaker, the deputy president or deputy speaker; or in the absence of the president or speaker and the deputy president or deputy speaker, such member thereof (not being a member of the cabinet or a parliamentary secretary) as the senate or the house, as the case may be, may elect for that purpose. 45 save as otherwise provided in sections 17(7), 18(2) and 41(2), (3), (4) and (5) of this constitution, any question proposed for decision in the senate or the house shall be determined by a majority of the votes of the members present and voting. a question shall not be regarded as having been validly determined by a vote in the senate or the house unless at least six members, or such greater number of members as parliament may prescribe, take part in the voting. the reference to all the members of the house in sections 17(7), 18(2) and 41(2), (3), (4) and (5) of this constitution shall not include the speaker if he was elected from among persons who were not members of the house. the president or other senator presiding in the senate and a speaker who was elected from among the members of the house or other member presiding in the house shall not vote unless on any question the votes are equally divided, in which case he shall have and exercise a casting vote: provided that in the case of the question of the final reading of such a bill as is referred to in subsection (2) or (3) of section 41 of this constitution or the question of a motion for such a resolution as is referred to in subsection (4) or (5) of that section a speaker who was so elected or other member presiding in the house shall have an original vote but no casting vote. a speaker who was elected from among persons who were not members of the house shall have neither an original nor a casting vote. if, upon any question before the house the votes of the members are equally divided and no casting vote may be exercised, the motion shall be lost. 46 any person who sits or votes in the senate or the house knowing or having reasonable grounds for knowing that he is not entitled to do so shall be guilty of an offence and liable to a fine not exceeding one hundred dollars, or such other sum as may be prescribed by parliament, for each day on which he so sits or votes. any prosecution for an offence under this section shall be instituted in the high court and shall not be so instituted except by the director of public prosecutions. 47 the power of parliament to make laws shall be exercised by bills passed by the senate and the house (or in the cases mentioned in sections 49 and 50 of this constitution by the house) and assented to by the governor-general. when a bill is submitted to the governor-general for assent in accordance with the provisions of this constitution he shall signify that he assents. when the governor-general assents to a bill that has been submitted to him in accordance with the provisions of this constitution the bill shall become law and the governor-general shall thereupon cause it to be published in the official gazette as law. no law made by parliament shall come into operation until it has been published in the official gazette but parliament may postpone the coming into operation of any such law and may make laws with retrospective effect. 48 a bill other than a money bill may be introduced in the senate or the house; a money bill shall not be introduced in the senate. except on the recommendation of the governor-general signified by a minister, neither the senate nor the house shallproceed upon any bill (including any amendment to a bill) that, in the opinion of the person presiding, makes provision for any of the following purposes:for the imposition of taxation or the alteration of taxation otherwise than by reduction; for the imposition of any charge upon the consolidated fund or any other public fund of saint lucia or the alteration of any such charge otherwise than by reduction; for the payment, issue or withdrawal from the consolidated fund or any other public fund of saint lucia of any monies not charged thereon or any increase in the amount of such payment, issue or withdrawal; or for the composition or remission of any debt due to the crown; or proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, would be to make provision for any of those purposes. 49 if a money bill, having been passed by the house and sent to the senate at least one month before the end of the session, is not passed by the senate without amendment within one month after it is sent to the senate, the bill shall, unless the house otherwise resolves, be presented to the governor-general for his assent notwithstanding that the senate has not consented to the bill. there shall be endorsed on every money bill when it is sent to the senate the certificate of the speaker signed by him that it is a money bill; and there shall be endorsed on any money bill that is submitted to the governor-general for assent in pursuance of subsection (1) of this section the certificate of the speaker signed by him that it is a money bill and the provisions of that subsection have been complied with. 50 this section applies to any bill other than a money bill that is passed by the house in two successive sessions (whether or not parliament is dissolved between those sessions) and, having been sent to the senate in each of those sessions at least one month before the end of the session, is rejected by the senate in each of those sessions. a bill to which this section applies shall, on its rejection for the second time by the senate, unless the house otherwise resolves, be submitted to the governor-general for assent notwithstanding that the senate has not consented to the bill: provided thatthe foregoing provisions of this subsection shall not have effect unless at least six months have elapsed between the date on which the bill is passed by the house in the first session and the date on which it is passed by the house in the second session; a bill such as is referred to in subsection (2) or (3) of section 41 of this constitution shall not be submitted to the governor-general for his assent unless the provisions of that subsection have been complied with and the power conferred on the house by this subsection to resolve that a bill shall not be presented to the governor-general for assent shall not be exercised in respect of such a bill. for the purposes of this section a bill that is sent to the senate from the house in any session shall be deemed to be the same bill as a former bill sent to the senate in the preceding session if, when it is sent to the senate, it is identical with the former bill or contains only such alterations as are certified by the speaker to be necessary owing to the time that has elapsed since the date of the former bill or to represent any amendments which have been made by the senate in the former bill in the preceding session. the house may, if it thinks fit, on the passage through the house of a bill that is deemed to be the same bill as a former bill sent to the senate in the preceding session, suggest any amendments without inserting the amendments in the bill, and any such amendments shall be considered by the senate, and if agreed to by the senate, shall be treated as amendments made by the senate and agreed to by the house; but the exercise of this power by the house shall not affect the operation of this section in the event of the rejection of the bill in the senate. there shall be inserted in any bill that is submitted to the governor-general for assent in pursuance of this section any amendments that are certified by the speaker to have been made in the bill by the senate in the second session and agreed to by the house. there shall be endorsed on any bill that is presented to the governor-general for assent in pursuance of this section the certificate of the speaker signed by him that the provisions of this section have been complied with. 51 in sections 48, 49 and 50 of this constitution, "money bill" means a public bill which, in the opinion of the speaker, contains only provisions dealing with all or any of the following matters, namely the imposition, repeal, remission, alteration or regulation of taxation; the imposition, for the payment of debt or other financial purposes, of charges on public money, or the variation or repeal of any such charges; the grant of money to the crown or to any authority or person, or the variation or revocation of any such grant; the appropriation, receipt, custody, investment, issue or audit of accounts of public money; the raising or guarantee of any loan or the repayment thereof, or the establishment, alteration, administration or abolition of any sinking fund provided in connection with any such loan; or subordinate matters incidental to any of the matters aforesaid; and in this subsection the expressions "taxation", "debt", "public money" and "loan" do not include any taxation imposed, debt incurred or money provided or loan raised by any local authority or body for local purposes. for the purposes of section 50 of this constitution, a bill shall be deemed to be rejected by the senate ifit is not passed by the senate without amendment; or it is passed by the senate with any amendment which is not agreed to by the house. in this section and sections 49 and 50 of this constitution references to the speaker shall, if the person holding the office of speaker is for any reason unable to perform the functions of his office and no other person is performing them, include references to the deputy speaker. any certificate of the speaker given under section 49 or 50 of this constitution shall be conclusive for all purposes and shall not be questioned in any court of law. before giving any certificate under section 49 or 50 of this constitution the speaker shall consult the attorney-general. every proposed bill and every proposed regulation or other instrument having the force of law relating to the registration of voters for the purpose of electing members of the house or to the election of members of the house shall be referred to the electoral commission and to the chief elections officer at such time as shall give them sufficient opportunity to make comments thereon before the bill is introduced in the senate or the house or, as the case may be, the regulation or other instrument is made. 53 subject to the provisions of this constitution, the senate and the house may each regulate its own procedure and may in particular make rules for the orderly conduct of its own proceedings. the senate or the house may act notwithstanding any vacancy in its membership (including any vacancy not filled when it first meets after any general election) and the presence or participation of any person not entitled to be present at or to participate in its proceedings shall not invalidate those proceedings. part 3. summoning, prorogation and dissolution 54 each session of parliament shall be held at such place within saint lucia and shall being at such time, not being later than twelve months from the end of the preceding session if parliament has been prorogued or one month from the holding of a general election of members of the house if parliament has been dissolved, as the governor-general shall appoint by proclamation. subject to the provisions of subsection (1) of this section, the sitting of the senate or the house shall be held at such time and place as it may, by its rules of procedure or otherwise, determine. 55 the governor-general may at any time prorogue or dissolve parliament. subject to the provisions of subsection (3) of this section parliament, unless sooner dissolved, shall continue for five years from the date of the first sitting of the house after any dissolution and shall then stand dissolved. at any time when saint lucia is at war, parliament may extend the period of five years specified in subsection (2) of this section for not more than twelve months at a time: provided that the life of parliament shall not be extended under this subsection for more than five years. in the exercise of this powers to dissolve parliament, the governor-general shall act in accordance with the advice of the prime minister: provided thatif the prime minister advises a dissolution and the governor-general, acting in his own deliberate judgment, considers that the government of saint lucia can be carried on without a dissolution and that a dissolution would not be in the interests of saint lucia, he may, acting in his own deliberate judgment, refuse to dissolve parliament; if a resolution of no confidence in the government is passed by the house and the prime minister does not within three days either resign or advise a dissolution the governor-general, acting in his own deliberate judgment, may dissolve parliament; and if the office of the prime minister is vacant and the governor-general, acting in his own deliberate judgment, considers that there is no prospect of his being able within a reasonable time to make an appointment to that office the governor-general shall dissolve parliament. if, after a dissolution of parliament and before the holding of a general election of members of the house, the prime minister advises the governor-general that, owing to the existence of a state of war or of a state of emergency in saint lucia, it is necessary to recall parliament, the governor-general shall summon the parliament that has been dissolved to meet, but unless the life of parliament is extended under the provisions of subsection (3) of his section, the general election shall proceed and the parliament that has been recalled shall, if not sooner dissolved, again stand dissolves on the date appointed for the nomination of candidate in the general election. 56 a general election of members of the house shall be held at such time within three months after any dissolution of parliament as the governor-general may appoint. where the seat of a member of the house or a senator falls vacant otherwise than by reason of a dissolution of parliamentif the vacant seat is that of a member of the house, a by-election shall be held; or if the vacant seat is that of a senator an appointment shall be made, to fill the vacancy within three months of the occurrence of the vacancy unless parliament is sooner dissolved. part 4. constituency boundaries and electoral commissions 57 there shall be a constituency boundaries commission and an electoral commission for saint lucia (each of which is hereinafter in this section referred to as a commission). the constituency boundaries commission shall consist ofthe speaker, as chairman; two members appointed by the governor-general, acting in accordance with the advice of the prime minister; and two members appointed by the governor-general, acting in accordance with the advice of the leader of the opposition. the electoral commission shall consist ofa chairman appointed by the governor-general, acting in his own deliberate judgment; one member appointed by the governor-general, acting in accordance with the advice of the prime minister; and one member appointed by the governor-general, acting in accordance with the advice of the leader of the opposition. a person shall not be qualified to be appointed as a member of a commission if he is a senator or member of the house or a public officer nor, in the case of the chairman of the electoral commission, unless he holds one of the specified qualifications and has held one or other of those qualifications for a total period of not less than seven years. subject to the provisions of this section, a member of a commission who has been appointed shall vacate his officewhen the house first meets after the next dissolution of parliament after his appointment; if any circumstances arise that, if he were not a member of the commission, would cause him to be disqualified for appointment as such. a member of a commission who has been appointed may be removed from office but only for inability to discharge the functions thereof (whether arising from infirmity of mind or body or any other cause) or for misbehaviour, and he shall not be so removed except in accordance with the provisions of this section. a member of a commission who has been appointed shall be removed from office by the governor-general if the question of his removal from office has been referred to a tribunal appointed under subsection (8) of this section and the tribunal has recommended to the governor-general that he ought to be removed from office for inability as aforesaid or for misbehaviour. if the prime minister, in the case of a member of the constituency boundaries commission appointed in accordance with paragraph (b) of subsection (2) of this section, or the leader of the opposition, in the case of a member of that commission appointed in accordance with paragraph (c) of that subsection, represents to the governor-general or if, in the case of the chairman of the electoral commission, the governor-general, acting in his own deliberate judgment, and, in the case of any other member of that commission, the governor-general, acting after consultation with the prime minister and the leader of the opposition, considers that the question of removal of a member of the commission from office for inability as aforesaid or for misbehaviour ought to be investigated, thenthe governor-general shall appoint a tribunal, which shall consist of a chairman and not less than two other members, selected by the chief justice, from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from any such court; and the tribunal shall enquire into the matter and report on the facts thereof to the governor-general and recommend to the governor-general whether the member of the commission ought to be removed from office for inability as aforesaid or for misbehaviour. a commission may regulate its own procedure, and, with the consent of the prime minister, confer powers and impose duties on any public officer or on any authority of the government for the purpose of the discharge of its functions. a commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings: provided that any decision of the commission shall require the concurrence of a majority of all its members. in the exercise of its functions under this constitution a commission shall not be subject to the direction or control of any other person or authority. part 5. delimitation of constituencies 58 the constituency boundaries commission (hereinafter in this section referred to as the commission) shall, in accordance with the provisions of this section, review the number and boundaries of the constituencies into which saint lucia is divided and submit to the governor-general reports eithershowing the constituencies into which it recommends that saint lucia should be divided in order to give effect to the rules set out in schedule 2 to this constitution; or stating that, in its opinion, no alteration is required to the existing number or boundaries of constituencies in order to give effect to those rules. reports under subsection (1) of this section shall be submitted by the commission at intervals of not less than three nor more than seven years: provided that a report under paragraph (b) of that subsection shall not be submitted until the expiration of six years from the submission of the last report under that subsection. as soon as may be after the commission has submitted a report under subsection (1)(a) of this section, the prime minister shall lay before the house for its approval the draft of an order by the governor-general for giving effect, whether with or without modifications, to the recommendations contained in the report, and that draft order may make provisions for any matters that appear to the prime minister to be incidental to or consequential upon the other provisions of the draft. where any such draft order gives effect to any such recommendations with modifications, the prime minister shall lay before the house together with the draft order a statement of the reasons for the modifications. if the motion for the approval of any draft order laid before the house under this section is rejected by the house, or is withdrawn by leave of that house, the prime minister shall amend the draft order and lay the amended draft before the house. if any draft order laid before the house under this section is approved by resolution of the house, the prime minister shall submit it to the governor-general who shall make an order in terms of the draft; and that order shall come into force upon the next dissolution of parliament after it is made. the question of the validity of any order by the governor-general purporting to be made under this section and reciting that a draft thereof has been approved by resolution of the house shall not be enquired into in any court of law. there shall be such provision as may be made by parliament for an appeal to the high court against a recommendation or statement made to the governor-general by the commission in pursuance of paragraph (a) or (b) of subsection (1) of this section. chapter iv. the executive 59 the executive authority of saint lucia is vested in the her majesty. subject to the provisions of this constitution, the executive authority of saint lucia may be exercised on behalf of her majesty by the governor-general either directly or through officers subordinate to him. nothing in this section shall prevent parliament from conferring functions on persons or authorities other than the governor-general. 60 there shall be a prime minister of saint lucia who shall be appointed by the governor-general. whenever the governor-general has occasion to appoint a prime minister he shall appoint a member of the house who appears to him likely to command the support of the majority of the members of the house. there shall be, in addition to the office of prime minister, such other offices of minister of the government as may be established by parliament or, subject to the provisions of any law enacted by parliament, by the governor-general, acting in accordance with the advice of the prime minister. appointments to the office of minister, other than the office of prime minister, shall be made by the governor-general, acting in accordance with the advice of the prime minister, from among the senators and the members of the house. if occasion arises for making an appointment to the office of prime minister or any other minister while parliament is dissolved, then, notwithstanding the provisions of subsections (2) and (4) of this section, a person who was a member of the house immediately before the dissolution may be appointed as prime minister or any other minister and a person who was a senator immediately before the dissolution may be appointed as any minister other than prime minister. the governor-general shall remove the prime minister from office if a resolution of no confidence in the government is passed by the house and the prime minister does not within three days either resign from his office or advise the governor-general to dissolve parliament. if, at any time between the holding of a general election of members of the house and the first meeting of the house thereafter, the governor-general considers that in consequence of changes in the membership of the house resulting from that election the prime minister will not be able to command the support of the majority of the members of the house the governor-general may remove the prime minister from office. the office of any minister shall become vacantif the holder of the office ceases to be a senator or a member the house otherwise than by reason of the dissolution of parliament; in the case of the prime minister, if, when the house first meets after the dissolution of parliament, he is not then a member of the house; in the case of any other minister, if, when the house first meets after the dissolution of parliament, he is not then a senator or a member of the house; or if, by virtue of section 27(3) or 34(3) of this constitution, he is required to cease to perform his functions as a senator or a member of the house. the office of a minister other than the prime minister shall become vacantif the governor-general, acting in accordance with the advice of the prime minister, so directs; if the prime minister resigns from office within three days after a resolution of no confidence in the government has been passed by the house or is removed from office under subsection (6) of this section; or on the appointment of any person to the office of prime minister. in the exercise of the powers conferred upon him by subsections (2), (5) and (7) of this section the governor-general shall act in his own deliberate judgment. 61 there shall be a cabinet of ministers for saint lucia which shall consist of the prime minister and the other ministers. at any time when the office of attorney-general is a public office the attorney-general shall, by virtue of holding or acting in that office, be a member of the cabinet in addition to the ministers. the functions of the cabinet shall be to advise the governor-general in the government of saint lucia and the cabinet shall be collectively responsible to parliament for any advice given to the governor-general by or under the general authority of the cabinet and for all things done by or under the authority of any minister in the execution of his office. the provisions of subsection (3) of this section shall not apply in relation tothe appointment and removal from office of ministers and parliamentary secretaries, the assignment of responsibility to any minister under section 62 of this constitution, or the authorisation of another minister to perform the functions of the prime minister during absence or illness; the dissolution of parliament; or the matters referred to in section 74 of this constitution (which relate to the prerogative of mercy). the governor-general, acting in accordance with the advice of the prime minister, may, by directions in writing, assign to the prime minister or any other minister responsibility for any business of the government, including the administration of any department of government: provided that responsibility for finance shall be assigned to a minister who is a member of the house. 63 whenever the prime minister is absent from saint lucia or by reason of illness is unable to perform the functions conferred upon him by this constitution, the governor-general may authorise some other minister to perform those functions (other than the functions conferred by this section) and that minister may perform those functions until his authority is revoked by the governor-general. whenever a minister other than the prime minister is absent from saint lucia or is within saint lucia but by leave of the governor-general is not performing the functions of his office or by reason of illness is unable to perform those functions, the governor-general may authorize some other minister to perform those functions or may appoint a senator or a member of the house to be a temporary minister in order to perform those functions; and that minister may perform those functions until his authority or, as the case may be, his appointment is revoked by the governor-general or he vacates office as a minister under subsection (8) or (9) of section 60 of this constitution. the powers of the governor-general under this section shall be exercised by him in accordance with the advice of the prime minister: provided that if the governor-general, acting in his own deliberate judgment, considers that it is impracticable to obtain the advice of the prime minister owing to his absence or illness he may exercise those powers without that advice and in his own deliberate judgment. 64 in the exercise of his functions the governor-general shall act in accordance with the advice of the cabinet or a minister acting under the general authority of the cabinet except in cases where he is required by this constitution or any other law to act in accordance with the advice of, or after consultation with, any person or authority other than the cabinet: provided that the foregoing provisions of this subsection shall not apply where the governor-general is authorised to act in his own deliberate judgment in accordance with the following provisions of this constitutionsection 57 (which relates to the constituency boundaries commission and the electoral commission); sections 60 and 63 (which relate to ministers); section 67 (which relates to the leader of the opposition); section 86 (which relates to the appointment, etc., of public officers); section 88 (which relates to the chief elections officer); and section 95 (which relates to the public service board of appeal). during any period in which there is a vacancy in the office of leader of the opposition by reason of the fact that no person is both qualified for appointment to that office in accordance with this constitution and willing to accept appointment, or if the governor-general, acting in his own deliberate judgment, considers that it is not practicable for him to obtain the advice of the leader of the opposition within the time within which it may be necessary for him to act, he may act without that advice and in his own deliberate judgment in the exercise of any power conferred upon him by this constitution in respect of which it is provided that he shall act on the advice of, or after consultation with, the leader of the opposition. nothing in subsection (1) of this section shall require the governor-general to act in accordance with the advice of the cabinet or a minister in exercise of the functions conferred upon him by the following provisions of this constitutionthe proviso to section 55(4) (which requires the governor-general to dissolve parliament in certain circumstances); section 60(6) (which requires the governor-general to remove the prime minister from office in certain circumstances); section 65 (which entitles the governor-general to information); sections 57(7), 67(5), 85(6), 88(7), 89(8), 90(7), 92(6), 95(5), 110(7) and 118(8) (which require the governor-general to remove the holders of certain offices from office in certain circumstances). the prime minister shall keep the governor-general fully informed concerning the general conduct of the government of saint lucia and shall furnish the governor-general with such information as he may request with respect to any particular matter relating to the government of saint lucia. a minister or a parliamentary secretary shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance, the oath of office and the oath of secrecy. 67 there shall (except at times when there are no members of the house who do not support the government) be a leader of the opposition who shall be appointed by the governor-general. whenever there is occasion for the appointment of a leader of the opposition the governor-general shall appoint the member of the house who appears to him most likely to command the support of a majority of the members of the house who do not support the government; or, if no member of the house appears to him to command such support, the member of the house who appears to him to command the support of the largest single group of members of the house who do not support the government. if occasion arises to appoint a leader of the opposition during the period between a dissolution of parliament and the day on which the ensuing election of members of the house is held, an appointment may be made as if parliament had not been dissolved. the office of leader of the opposition shall become vacantif he ceases to be a member of the house otherwise than by reason of a dissolution of parliament; if, when the house first meets after a dissolution of parliament, he is not then a member of the house; if, under the provisions of section 34(3) of this constitution, he is required to cease to perform his functions as a member of the house; or if he is removed from office by the governor-general under the provisions of subsection (5) of this section. if it appears to the governor-general that the leader of the opposition is no longer able to command the support of a majority of the members of the house who do not support the government or (if no member of the house appears to him to be able to command such support) the support of the largest single group of members of the house who do not support the government, he shall remove the leader of the opposition from office. the powers of the governor-general under this section shall be exercised by him in his own deliberate judgment. 68 the governor-general, acting in accordance with the advice of the prime minister, may appoint parliamentary secretaries from among the senators and the members of the house to assist ministers in the performance of their duties: provided that, if occasion arises for making an appointment while parliament is dissolved, a person who was a senator or a member of the house immediately before the dissolution may be appointed as a parliamentary secretary. the office of a parliamentary secretary shall become vacantif the governor-general, acting in accordance with the advice of the prime minister, so directs; if the prime minister resigns from office within three days after a resolution of no confidence in the government has been passed by the house or is removed from office under section 60(7) of this constitution; upon the appointment of any person to the office of prime minister; if the holder of the office ceases to be a senator or a member of the house otherwise than by reason of a dissolution of parliament; if, when the house first meets after the dissolution of parliament, he is not then a senator or a member of the house; or if, by virtue of section 27(3) or 34(3) of this constitution, he is required to cease to perform his functions as a member of the senate or a member of the house. where any minister has been charged with responsibility for any department of government, he shall exercise general direction and control over that department; and, subject to such direction and control, every department of government shall be under the supervision of a public officer whose office is referred to in this constitution as the office of a permanent secretary: provided that two or more government departments may be placed under the supervision of one permanent secretary. 70 there shall be a secretary to the cabinet whose office shall be a public office. the secretary to the cabinet, who shall have charge of the cabinet office, shall be responsible, in accordance with such instructions as may be given to him by the prime minister, for arranging the business for, and keeping the minutes of the cabinet and for conveying the decisions of the cabinet to the appropriate person or authority and shall have such other functions the prime minister may direct. subject to the provisions of the constitution and of any other law, the governor-general may constitute offices for saint lucia, make appointments to any such office and terminate any such appointment. 72 there shall be an attorney-general who shall be the principal legal adviser to the government. the office of attorney-general shall be either a public office or the office of a minister. at any time when the office of attorney-general is a public office the same person may, if qualified, be appointed to hold or act in the office of attorney-general and the office of director of public prosecutions. where the offices of attorney-general and director of public prosecutions are held by the same person the following provisions of this constitution shall have effect as if references therein to the director included references to the attorney-general, that is to say, sections 87, 89(5), (6), (7), (8), (9) and (10), 98(3) and 124(8)(a); but the provisions of this subsection shall be without prejudice to the powers of parliament or, subject to the provisions of any law enacted by parliament, the governor-general to determine that the office of attorney-general shall be the office of a minister. 73 there shall be a director of public prosecutions whose office shall be a public office. the director of public prosecutions shall have power in any case in which he considers it desirable so to doto institute and undertake criminal proceedings against any person before any court of law (other than a court-martial) in respect of any offence alleged to have been committed by that person; to take over and continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority. the powers of the director of public prosecutions under subsection (2) of this section may be exercised by him in person or through other persons acting under and in accordance with his general or special instructions. the powers conferred on the director of public prosecutions by paragraphs (b) and (c) of subsection (2) of this section shall be vested in him to the exclusion of any other person or authority: provided that where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the court. for the purposes of this section, any appeal from a judgment in criminal proceedings before any court or any case stated or question of law reserved for the purpose of any such proceedings, to any other court (including her majesty in council) shall be deemed to be part of those proceedings: provided that the power conferred on the director of public prosecutions by subsection (2)(c) of this section shall not be exercised in relation to any appeal by a person convicted in any criminal proceedings or to any case stated or question of law reserved at the instance of such a person. in the exercise of the powers vested in him by subsection (2) of this section and section 46 of this constitution, the director of public prosecutions shall not be subject to the direction or control of any other person or authority. 74 the governor-general maygrant a pardon, either free or subject to lawful conditions, to any person convicted of any offence; grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence; substitute a less severe form of punishment for any punishment imposed on any person for any offence; or remit the whole or any part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the crown on account of any offence. the powers of the governor-general under subsection (1) of this section shall be exercised by him in accordance with the advice of the committee established by section 75 of this constitution. 75 there shall be a committee on the prerogative of mercy which shall consist ofsuch minister as may be designated by the governor-general, who shall be chairman; the attorney-general; the chief medical officer of the government; and not more than three other members appointed by the governor-general, by instrument in writing under his hand. a member of the committee appointed under subsection (1)(d) of this section shall hold his seat thereon for such period as may be specified in the instrument by which he was appointed: provided that his seat shall become vacantin the case of a person who at the date of his appointment was a minister, if he ceases to be a minister; or if the governor-general, by instrument in writing under his hand, so directs. the committee may act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings. the committee may regulate its own procedure. in the exercise of his functions under this section, the governor-general shall act in accordance with the advice of the prime minister. where any person has been sentenced to death (otherwise than by a court-martial) for an offence, the minister for the time being designated under section 75(1) of this constitution shall cause a written report of the case from the trial judge (or the chief justice, if a report from the trial judge cannot be obtained), together with such other information derived from the record of the case or elsewhere as he may require, to be taken into consideration at a meeting of the committee on the prerogative of mercy, so that the committee may advise the governor-general whether to exercise any of his powers under section 74(1) of this constitution. chapter v. finance all revenues or other moneys raised or received by saint lucia (not being revenues or other moneys that are payable, by or under any law for the time being in force in saint lucia, into some other fund established for a specific purpose) shall be paid into and form a consolidated fund. 78 no moneys shall be withdrawn from the consolidated fund exceptto meet expenditure that is charged upon the fund by this constitution or by any law enacted by parliament; or where the issue of those moneys has been authorised by an appropriation law or by a law made in pursuance of section 80 of this constitution. where any moneys are charged by this constitution or any law enacted by parliament upon the consolidated fund or any other public fund, they shall be paid out of that fund by the government to the person or authority to whom payment is due. no moneys shall be withdrawn from any public fund other than the consolidated fund unless the issue of those moneys has been authorised by or under any law. there shall be such provision as may be made by parliament prescribing the manner in which withdrawals may be made from the consolidated fund or any other public fund. 79 the minister for the time being responsible for finance shall cause to be prepared and laid before the house before, or not later than thirty days after, the commencement of each financial year estimates of the revenues and expenditure of saint lucia for that financial year. when the estimates of expenditure (other than expenditure charged upon the consolidated fund by this constitution or by any law enacted by parliament) have been approved by the house, a bill, known as an appropriation bill, shall be introduced in the house, providing for the issue from the consolidated fund of the sums necessary to meet that expenditure and the appropriation of those sums, under separate votes for the several services required, to the purposes specified therein. if in respect of any financial year it is foundthat the amount appropriated by the appropriation law to any purpose is insufficient or that a need has arisen for expenditure for a purpose to which no amount has been appropriated by that law; or that any moneys have been expended for any purpose in excess of the amount appropriated to that purpose by the appropriation law or for a purpose to which no amount has been appropriated by that law, a supplementary estimate showing the sums required or spent shall be laid before the house and, when the supplementary estimate has been approved by the house, a supplementary appropriation bill shall be introduced in the house providing for the issue of such sums from the consolidated fund and appropriating them to the purposes specified therein. there shall be such provision as may be made by parliament under which, if the appropriation law in respect of any financial year has not come into operation by the beginning of that financial year, the minister for the time being responsible for finance may authorise the withdrawal of moneys from the consolidated fund for the purpose of meeting expenditure necessary to carry on the services of the government until the expiration of four months from the beginning of that financial year or the coming into operation of the law, whichever is the earlier. 81 there shall be such provision as may be made by parliament for the establishment of a contingencies fund and for authorising the minister for the time being responsible for finance, if satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from that fund to meet that need. where any advance is made from the contingencies fund, a supplementary estimate shall as soon as possible be laid before the house and when the supplementary estimate has been approved by the house, a supplementary appropriation bill shall be introduced as soon as possible in the house for the purpose of replacing the amount so advanced. 82 there shall be paid to the holders of the offices to which this section applies such salaries and such allowances as may be prescribed by or under a law enacted by parliament. the salaries and allowances prescribed in pursuance of this section in respect of the holders of the offices to which this section applies shall be a charge on the consolidated fund. the salary prescribed in pursuance of this section in respect of the holder of any office to which this section applies and his other terms of service (other than allowances that are not taken into account in computing, under any law in that behalf, any pension payable in respect of his service in that office) shall not be altered to his disadvantage after his appointment. when a person's salary or other terms of service depend upon his option, the salary or terms for which he opts shall, for the purposes of subsection (3) of this section, be deemed to be more advantageous to him than any others for which he might have opted. this section applies to the offices of the governor-general, member of the public service commission, member of the teaching service commission, member of the public service board of appeal, the director of public prosecutions, the director of audit, the parliamentary commissioner, the deputy parliamentary commissioner and the chief elections officer. nothing in this section shall be construed as prejudicing the provisions of section 97 of this constitution (which protects pensions rights in respect of service as a public officer). 83 all debt charges for which saint lucia is liable shall be a charge on the consolidated fund. for the purposes of this section debt charges include interest, sinking fund charges, the repayment or amortization of debt and all expenditure in connection with the raising of loans on the security of the consolidated fund and the service and redemption of the debt created thereby. 84 there shall be a director of audit whose office shall be a public office. the director of audit shallsatisfy himself that all moneys that have been appropriated by parliament and disbursed have been applied to the purposes to which they were so appropriated and that the expenditure conforms to the authority that governs it; and at least once in every year audit and report on the public accounts of saint lucia, the accounts of all officers and authorities of the government, the accounts of all courts of law in saint lucia (including any accounts of the supreme court maintained in saint lucia), the accounts of every commission established by this constitution and the accounts of the parliamentary commission, the clerk of the senate and the clerk of the house. the director of audit and any officer authorized by him s have access to all books, records, return, reports and other documents which in his opinion relate to any of the accounts referred to in s section (2) of this section. the director of audit shall submit every made by him pursuance of subsection (2) of this section to the minister for the t being responsible for finance who shall, not later than seven days at the hose first meets after he has received the report, lay it before house. if the minister fails to lay a report before the house in accordance with the provisions of subsection (4) of this section the director audit shall transmit copies of that report to the speaker who shall, soon as practicable, present them to the house. the director of audit shall exercise such other functions in reception to the accounts of the government or the accounts of other authorities or bodies established by law for public purposes as may be prescribed by or under any law enacted by parliament. in the exercise of his functions under subsections (2), (3), (4) and (5) of his section, the director of audit shall not be subject to the direction or control of any other person or authority. chapter vi. the public service part 1. the public service commission 85 there shall be a public service commission for saint lucia (hereinafter in this section referred to as the commission ) which shall consist of a chairman and not less than two nor more than four other members, who shall be appointed by the governor-general, acting accordance with the advice of the prime minister: provided that the prime minister shall consult the leader of the opposition before tendering any advice to the governor-general for the purposes of this subsection. a person shall not be qualified to be appointed as a member of the commission ifhe is a senator or a member of the house; he is, or has at any time during the three years preceding his appointment been, a judge of the supreme court or a public officer. a member of the commission shall not, within the period of three years commencing with the day on which he last held or acted in the office of member of the commission, be eligible for appointment to or to act in any public office. subject to the provisions of this section, the office of a member of the commission shall become vacantat the expiration of three years from the date of his appointment; or if any circumstances arise that, if he were not a member of the commission, would cause him to be disqualified to be appointed as such under subsection (2) of this section. a member of the commission may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. a member of the commission shall be removed from office by the governor-general if the question of his removal from office has been referred to a tribunal appointed under subsection (7) of this section and the tribunal has recommended to the governor-general that he ought to be removed from office for inability as aforesaid or for misbehaviour. if the prime minister represents to the governor-general that the question of removing a member of the commission under this section ought to be investigated thenthe governor-general shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the chief justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from such a court; and the tribunal shall enquire into the matter and report on the facts thereof to the governor-general and recommend to him whether the member ought to be removed under this section. if the question of removing a member of the commission has been referred to a tribunal under this section, the governor-general, acting in accordance with the advice of the prime minister, may suspend that member from the exercise of the functions of his office and any such suspension may at any time be revoked by the governor-general, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the governor-general that that member should not be removed. if the office of chairman of the commission is vacant or if the holder of that office is for any reason unable to exercise the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be exercised by such other member of the commission as may for the time being be designated by the governor-general, acting in accordance with the advice of the prime minister. if at any time there are less than two members of the commission besides the chairman or if any such member is acting as chairman or is for any reason unable to exercise the functions of his office, the governor-general, acting in accordance with the advice of the prime minister, may appoint a person who is qualified to be appointed as a member of the commission to act as a member, and any person so appointed shall, subject to the provisions of subsection (4) of this section, continue to act until the office in which he is acting has been filled or, as the case may be, until the holder thereof has resumed his functions or until his appointment to act has been revoked by the governor-general, acting in accordance with the advice of the prime minister. a member of the commission shall not enter upon the duties of his office until he has taken and subscribed the oath of allegiance and the oath of office. the commission shall, in the exercise of its functions under this constitution, not be subject to the direction or control of any other person or authority. the commission may by regulation or otherwise regulate its own procedure and, with the consent of the prime minister, may confer powers or impose duties on any public officer or on any authority of the government for the purpose of the exercise of its functions. the commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings: provided that any decision of the commission shall require the concurrence of a majority of all its members. 86 the power to appoint persons to hold or act in offices in the public service (including the power to confirm appointments), and, subject to the provisions of section 96 of this constitution, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the public service commission. the public service commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its powers under subsection (1) of this section to any one or more members of the commission or, with the consent of the prime minister, to any public officer. the provisions of this section shall not apply in relation to the following offices, that is to sayany office to which section 87 of this constitution applies; the office of chief elections officer; the office of director of public prosecutions; the office of director of audit; any office to which section 91, 93 or 94 of this constitution applies. no person shall be appointed under this section to or to act in any office on the governor-general's personal staff except with the concurrence of the governor-general, acting in his own deliberate judgment. before any of the powers conferred by this section are exercised by the public service commission or any other person or authority in relation to the clerk of the senate or the clerk of the house or a member of their staff, the commission or that person or authority shall consult with the president or the speaker, as the case may be. before any of the powers conferred by this section are exercised by the public service commission or any other person or authority in relation to a member of the staff of the parliamentary commissioner or the chief elections officer, the commission or that person or authority shall consult with the commissioner or, as the case may be, the officer. a public officer shall not be removed from office or subjected to any other punishment under this section on the grounds of any act done or omitted by him in the exercise of a judicial function conferred on him unless the judicial and legal services commission concurs therein. part 2. appointments, etc., to particular offices 87 this section applies to the offices of secretary to the cabinet, permanent secretary, head of a department of government, deputy head of a department of government, any office for the time being designated by the public service commission as an office of a chief professional adviser to a department of government and any office for the time being designated by the commission, after consultation with the prime minister, as an office the holders of which are required to reside outside saint lucia for the proper discharge of their functions or as an office in saint lucia whose functions relate to external affairs. the power to appoint persons to hold or to act in offices to which this section applies (including the power to confirm appointments) and, subject to the provisions of section 96 of this constitution, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the governor-general, acting in accordance with the advice of the public service commission: provided thatthe power to appoint a person to hold or act in an office of permanent secretary on transfer from another such office carrying the same salary shall vest in the governor-general, acting in accordance with the advice of the prime minister; before the public service commission tenders advice to the governor-general with respect to the appointment of any person to hold an office to which this section applies (other than an appointment to an office of permanent secretary on transfer from another such office carrying the same salary) it shall consult with the prime minister and if the prime minister signifies his objection to the appointment of any person to the office, the commission shall not advise the governor-general to appoint that person; in relation to any office of ambassador, high commissioner or other principal representative of saint lucia in any other country or accredited to any international organization the governor-general shall act in accordance with the advice of the prime minister, who shall, before tendering any such advice in respect of any person who holds any public office to which appointments are made by the governor-general on the advice of or after consultation with some other person or authority, consult that person or authority. references in this section to a department of government shall not include the office of the governor-general, the department of the attorney-general, the department of the director of public prosecutions, the department of the director of audit, the department of the parliamentary commissioner, the department of the chief elections officer or the police force. 88 the chief elections officer (hereinafter in this section referred to as the officer) shall be appointed by the governor-general, acting after consultation with the electoral commission. if the office of the officer is vacant or if the holder of that office is for any reason unable to exercise the functions of his office, the governor-general, acting after consultation with the electoral commission, may appoint a person to act as officer. a person shall not be qualified to be appointed to hold the office of the officer unless he holds such qualifications (if any) as may be prescribed by parliament. a person appointed to act in the office of the officer shall, subject to the provisions of subsections (5), (7) and (8) of this section, cease so to actwhen a person is appointed to hold that office and has assumed the functions thereof or, as the case may be, when the person in whose place he is acting resumes the functions of that office; or at such earlier time as may be prescribed by the terms of his appointment. subject to the provisions of subsection (6) of this section, the officer shall vacate his office when he attains the prescribed age. a person holding the office of the officer may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. the officer shall be removed from office by the governor-general if the question of his removal from office has been referred to a tribunal appointed under subsection (8) of this section and the tribunal has recommended to the governor-general that he ought to be removed for inability as aforesaid or for misbehaviour. if the governor-general, acting in his own deliberate judgment, considers that the question of removing the officer under this section ought to be investigated, thenthe governor-general shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the chief justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from such a court; and the tribunal shall enquire into the matter and report on the facts thereof to the governor-general and recommend to him whether the officer ought to be removed under this section. if the question of removing the officer has been referred to a tribunal under this section, the governor-general, acting in his own deliberate judgment, may suspend the officer from the exercise of the functions of his office and any such suspension may at any time be revoked by the governor-general, acting as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the governor-general that the officer should not be removed. the prescribed age for the purposes of subsection (5) of this section is the age of fifty-five years or such other age as may be prescribed by parliament: provided that any law enacted by parliament, to the extent to which it alters the prescribed age after a person has been appointed to be or to act as officer, shall not have effect in relation to that person unless he consents that it should have effect. 89 the director of public prosecutions shall be appointed by the governor-general, acting in accordance with the advice of the judicial and legal services commission. if the office of director of public prosecutions is vacant or if the holder of that office is for any reason unable to exercise the functions of his office, the governor-general, acting in accordance with the advice of the judicial and legal services commission, may appoint a person to act as director. before tendering advice for the purposes of subsection (1) or (2) of this section the judicial and legal services commission shall consult the prime minister. a person shall not be qualified to be appointed to hold the office of director of public prosecutions unless he holds one of the specified qualifications and has held one or other of those qualifications for a total period of not less than seven years. a person appointed to act in the office of director of public prosecutions shall, subject to the provisions of subsections (6), (8), (9) and (10) of this section, cease so to actwhen a person is appointed to hold that office and has assumed the functions thereof or, as the case may be, when the person in whose place he is acting resumes the functions of that office; or at such earlier time as may be prescribed by the terms of his appointment. subject to the provisions of subsection (7) of this section, the director of public prosecutions shall vacate his office when he attains the prescribed age. a person holding the office of director of public prosecutions may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. the director of public prosecutions shall be removed from office by the governor-general if the question of his removal from office has been referred to a tribunal appointed under subsection (9) of this section and the tribunal has recommended to the governor-general that he ought to be removed for inability as aforesaid or for misbehaviour. if the prime minister or the chairman of the judicial and legal services commission represents to the governor-general that the question of removing the director of public prosecutions under this section ought to be investigated, thenthe governor-general shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the chief justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from such a court; and the tribunal shall enquire into the matter and report on the facts thereof to the governor-general and recommend to him whether the director ought to be removed under this section. if the question of removing the director of public prosecutions has been referred to a tribunal under this section, the governor-general, acting in accordance with the advice of the judicial and legal services commission, may suspend the director from the exercise of the functions of his office and any such suspension may at any time be revoked by the governor-general, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the governor-general that the director should not be removed. the prescribed age for the purposes of subsection (6) of this section is the age of fifty-five years or such other age as may be prescribed by parliament: provided that any law enacted by parliament, to the extent to which it alters the prescribed age after a person has been appointed to be or to act as director of public prosecutions, shall not have effect in relation to that person unless he consents that it should have effect. the judicial and legal services commission shall consult the prime minister before it tenders any advice to the governor-general under this section in its application to the attorney-general by virtue of section 72(4) of this constitution. 90 the director of audit shall be appointed by the governor-general acting in accordance with the advice of the public service commission. if the office of director of audit is vacant or if the holder of that office is for any reason unable to exercise the functions of his office, the governor-general, acting in accordance with the advice of the public service commission, may appoint a person to act as director. before tendering advice for the purposes of subsection (1) or subsection (2) of this section, the public service commission shall consult the prime minister. a person appointed to act in the office of director of audit shall, subject to the provisions of subsections (5), (7), (8) and (9) of this section, cease so to actwhen a person is appointed to hold that office and has assumed the functions thereof or, as the case may be, when the person in whose place he is acting resumes the functions of that office; or at such earlier time as may be prescribed by the terms of his appointment. subject to the provisions of subsection (7) of this section the director of audit shall vacate his office when he attains the prescribed age. a person holding the office of director of audit may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. the director of audit shall be removed from office by the governor-general if the question of his removal from office has been referred to a tribunal appointed under subsection (8) of this section and the tribunal has recommended to the governor-general that he ought to be removed for inability as aforesaid or for misbehaviour. if the prime minister or the chairman of the public service commission represents to the governor-general that the question of removing the director of audit under this section ought to be investigatedthe governor-general shall appoint a tribunal which shall consist of a chairman and not less than two other members selected by the chief justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from such a court; and the tribunal shall enquire into the matter and report on the fact thereof to the governor-general and recommend to him whether the director ought to be removed under this section. if the question of removing the director of audit has been referred to a tribunal under this section, the governor-general, acting in accordance with the advice of the public service commission, may suspend the director from the exercise of the functions of his office and any such suspension may at any time be revoked by the governor-general, acting in accordance with such advice as aforesaid and shall in any case cease to have effect if the tribunal recommends to the governor-general that the director should not be removed. the prescribed age for the purposes of subsection (5) of the section is the age of fifty or such other age as may be prescribed by parliament: provided that any law enacted by parliament, to the extent to which it alters the prescribed age after a person has been appointed to be or to act as director of audit, shall not have effect in relation to that person unless he consents that it should have effect. 91 this section applies to the offices of magistrate, registrar of the high court and assistant registrar of the high court, to any public office in the department of the attorney-general (other than the public office of attorney-general) or in the department of the parliamentary commissioner, the department of the chief elections office (other than the office of officer) or the department of the director of public prosecutions (other than the office of director) for appointment which persons are required to hold one or other of the specific qualifications and such other offices connected with the courts parliament may prescribe. the power to appoint persons to hold or act in offices to which this section applies (including the power to confirm appointments) shall vest in the judicial and legal services commission: subject to the provisions of section 96 of this constitution the power to exercise disciplinary control over persons holding acting in offices to which this section applies and the power to remove such persons from office shall vest in the judicial and legal service commission. part 3. the teaching service commission 92 there shall be a teaching service commission for saint lucia (hereinafter in this section referred to as the commission) which shall consist of a chairman and not less than two nor more than four other members, who shall be appointed by the governor-general, acting in accordance with the advice of the prime minister: provided that the prime minister shall consult the leader of the opposition before tendering any advice to the governor-general for the purposes of this subsection. a person shall not be qualified to be appointed as a member of the commission ifhe is a senator or a member of the house; he is, or has at any time during the three years preceding his appointment been, a judge of the supreme court or a public officer. a member of the commission shall not, within the period of three years commencing with the day on which he last held or acted in the office of member of the commission, be eligible for appointment to or to act in any public office. subject to the provisions of this section, the office of a member of the commission shall become vacantat the expiration of three years from the date of his appointment; or if any circumstances arise that, if he were not a member of the commission, would cause him to be disqualified to be appointed as such under subsection (2) of this section. a member of the commission may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. a member of the commission shall be removed from office by the governor-general if the question of his removal from office has been referred to a tribunal appointed under subsection (7) of this section and the tribunal has recommended to the governor-general that he ought to be removed from office for inability as aforesaid or for misbehaviour. if the prime minister represents to the governor-general that the question of removing a member of the commission under this section ought to be investigated, thenthe governor-general shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the chief justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from such a court; and the tribunal shall enquire into the matter and report on the facts thereof to the governor-general and recommend to him whether the member ought to be removed under this section. if the question of removing a member of the commission has been referred to a tribunal under this section, the governor-general, acting in accordance with the advice of the prime minister, may suspend that member from the exercise of the functions of his office and any such suspension may at any time be revoked by the governor-general, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the governor-general that that member should not be removed. if the office of chairman of the commission is vacant or if the holder of that office is for any reason unable to exercise the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be exercised by such other member of the commission as may for the time being be designated by the governor-general, acting in accordance with the advice of the prime minister. if at any time there are less than two members of the commission besides the chairman or if any such member is acting as chairman or is for any reason unable to exercise the function of his office, the governor-general, acting in accordance with the advice of the prime minister, may appoint a person who is qualified to be appointed as a member of the commission to act as a member, and any person so member of the commission to act as a member, and any person so appointed shall, subject to the provisions of subsection (4) of this section, continue to act until the office in which he is acting has been filled or, as the case may be, until the office in which he is acting has been filled or, as the case may be, until the holder thereof has resumed his functions or until his appointment to act has been revoked by the governor-general, acting in accordance with the advice of the prime minister. a member of the commission shall not enter upon the duties of his office until he has taken and subscribed the oath of allegiance and the oath of office. the commission shall, in the exercise of its functions under this constitution, not be subject to the direction or control of any other person or authority. the commission may by regulation or otherwise regulate its own procedure and, with the consent of the prime minister, may confer powers or impose duties on any public officer or on any authority of the government for the purpose of the exercise of its functions. the commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings: provided that any decision of the commission shall require the concurrence of a majority of all its members. 93 the power to appoint persons to hold or act in offices to which this section applies (including the power to confirm appointments), and, subject to the provisions of section 96 of this constitution, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the teaching service commission. the teaching service commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its powers under subsection (1) of this section to any one or more members of the commission or, with the consent of the prime minister, to any public officer. this section applies to any office in the public service, the duties of which are wholly or mainly concerned with teaching in schools or with the administration of schools, not being an office to which section 87 of this constitution applies. part 4. the police 94 the power to appoint a person to hold or act in the office of commissioner of police and, subject to the provisions of section 96 of this constitution, the power to remove the commissioner from office shall vest in the governor-general, acting in accordance with the advice of the public service commission. provided that before the commission tenders advice to the governor-general with respect to the appointment of any person to hold the office of commissioner the commission shall consult with the prime minister and if the prime minister signifies his objection to the appointment of any person to the office the commission shall not advise the governor-general to appoint that person. the power to appoint persons to hold or act in offices in the police force below the rank of commissioner of police but above the rank of inspector (including the power to confirm appointments), and, subject to the provisions of section 96 of this constitution, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the public service commission. the power to appoint persons to hold or act in offices in the police force of or below the rank of inspector (including the power to confirm appointments), and, subject to the provisions of section 96 of this constitution, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the commissioner of police. the commissioner of police may, by directions given in such manner as he thinks fit and subject to such conditions as he thinks fit, delegate any of his powers under subsection (3) of this section to any other member of the police force. a police officer shall not be removed from office or subjected to any other punishment under this section on the grounds of any act done or omitted by him in the exercise of any judicial function conferred on him unless the judicial and legal services commission concurs therein. in this section references to the rank of inspector shall, if the ranks within the police force are altered (whether in consequence of the reorganization or replacement of an existing part of the force or the creation of an additional part) be construed as references to such rank or ranks as may be specified by the public service commission by order published in the official gazette, being a rank or ranks that in the opinion of the commission most nearly correspond to the rank of inspector as it existed before the alteration. part 5. the public service board of appeal 95 there shall be a public service board of appeal for saint lucia (hereinafter in this section and in section 96 of this constitution referred to as the board) which shall consist ofone member appointed by the governor-general, acting in his own deliberate judgment, who shall be chairman; one member appointed by the governor-general, acting in accordance with the advice of the prime minister; and two members appointed by the governor-general, acting in accordance with the advice of the appropriate representative bodies. a person shall not be qualified for appointment as a member of the board if he is a senator or a member of the house and a person shall not be qualified for appointment under paragraph (c) of subsection (1) of this section unless he is or has been a public officer. subject to the provisions of this section, the office of a member of the board shall become vacantat the expiration of three years from the date of his appointment; or if any circumstances arise that, if he were not a member of the board, would cause him to be disqualified to be appointed as such under subsection (2) of this section. a member of the board may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. a member of the board shall be removed from office by the governor-general if the question of his removal from office has been referred to a tribunal appointed under subsection (6) of this section and the tribunal has recommended to the governor-general that he ought to be removed from office for inability as aforesaid or for misbehaviour. if the governor-general considers that the question of removing a member of the board under this section ought to be investigated, thenthe governor-general shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the chief justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or of a court having jurisdiction in appeals from such a court; and the tribunal shall enquire into the matter and report on the facts thereof to the governor-general and recommend to him whether the member ought to be removed under this section. if the question of removing a member of the board has been referred to a tribunal under this section, the governor-general may suspend that member from the exercise of the functions of his office and any such suspension may at any time be revoked by the governor-general and shall in any case cease to have effect if the tribunal recommends to the governor-general that that member should not be removed. if at any time any member of the board is for any reason unable to exercise the functions of his office, the governor-general may appoint a person who is qualified to be appointed as a member of the board to act as a member, and any person so appointed shall, subject to the provisions of subsection (4) of this section, continue to act until the holder thereof has resumed his functions or until his appointment to act has been revoked by the governor-general. in the exercise of the powers conferred upon him by subsections (6), (7) and (8) of this section the governor-general shall, in the case of a member of the board appointed under paragraph (b) of subsection (1) of this section, act in accordance with the advice of the prime minister and shall in any other case act in his own deliberate judgment. the board shall, in the exercise of its functions under this constitution, not be subject to the direction or control of any other person or authority. in this section "the appropriate representative bodies" means the saint lucia civil service association and the police association or such other bodies as may be designated by the governor-general, acting in accordance with the advice of the prime minister, as representing the interests of public officers and of members of the police force. 96 this section applies toany decision of the governor-general, acting in accordance with the advice of the public service commission, or any decision of the public service commission or of the teaching service commission, to remove a public officer from office or to exercise disciplinary control over a public officer (including a decision made on appeal from or confirming a decision of any person to whom powers are delegated under section 86(2) or 93(2) of this constitution); any decision of any person to whom powers are delegated under section 86(2) or 93(2) of this constitution to remove a public officer from office or to exercise disciplinary control over a public officer (not being a decision which is subject to appeal to or confirmation by the public service commission or the teaching service commission); if it is so provided by parliament, any decision of the commissioner of police under subsection (3) of section 94 of this constitution, or of a person to whom powers are delegated under subsection (4) of that section, to remove a police officer from office or to exercise disciplinary control over a police officer; such decisions with respect to the discipline of any military, naval or air force of saint lucia as may be prescribed by parliament. subject to the provisions of this section, an appeal shall lie to the board from any decision to which this section applies at the instance of the public officer or member of the naval, military or air force in respect of whom the decision is made: provided that in the case of any such decision as is referred to in subsection (1)(c) of this section, an appeal shall lie in the first instance to the commissioner of police if it is so provided by parliament or, if it is not so provided, if the commissioner so requires. upon an appeal under this section the board may affirm or set aside the decision appealed against or may make any other decision which the authority or person from whom the appeal lies could have made. every decision of the board shall require the concurrence of a majority of all its members. subject to the provisions of subsection (4) of this section, the board may by regulation make provision forthe procedure of the board; the procedure in appeals under this section; or excepting from the provisions of subsection (2) of this section decisions in respect of public officers holding offices whose emoluments do not exceed such sum as may be prescribed by the regulations or such decisions to exercise disciplinary control, other than decisions to remove from office, as may be so prescribed. regulations made under this section may, with the consent of the prime minister, confer powers or impose duties on any public officer or any authority of the government for the purpose of the exercise of the functions of the board. the board may, subject to the provisions of this section and to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member. part 6. pensions 97 the law to be applied with respect to any pensions benefits that were granted to any person before the commencement of this constitution shall be the law that was in force at the date on which those benefits were granted or any law in force at a later date that is not less favourable to that person. the law to be applied with respect to any pensions benefits (not being benefits to which subsection (1) of this section applies) shallin so far as those benefits are wholly in respect of a period of service as a judge or officer of the supreme court or a public officer that commenced before the commencement of this constitution, be the law that was in force at such commencement; and in so far as those benefits are wholly or partly in respect of a period of service as a judge or officer of the supreme court or a public officer that commenced after the commencement of this constitution, be the law in force on the date on which that period of service commenced, or any law in force at a later date that is not less favourable to that person. where a person is entitled to exercise an option as to which of two or more laws shall apply in his case, the law for which he opts shall, for the purposes of this section, be deemed to be more favourable to him than the other law or laws. all pensions benefits shall (except to the extent that they are by law charged upon and duly paid out of some other fund) be a charge on the consolidated fund. in this section "pensions benefits" means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as judges or officers of the supreme court or public officers or for the widows, children, dependants or personal representatives of such persons in respect of such service. references in this section to the law with respect to pensions benefits include (without prejudice to their generality) references to the law regulating the circumstances in which such benefits may be granted or in which the grant of such benefits may be refused, the law regulating the circumstances in which any such benefits that have been granted may be withheld, reduced in amount or suspended and the law regulating the amount of any such benefits. 98 where under any law any person or authority has a discretionto decide whether or not any pensions benefits shall be granted; or to withhold, reduce in amount or suspend any such benefits that have been granted, those benefits shall be granted and may not be withheld, reduced in amount or suspended unless the public service commission concurs in the refusal to grant the benefits or, as the case may be, in the decision to withhold them, reduce them in amount or suspend them. where the amount of any pensions benefits that may be granted to any person is not fixed by law, the amount of the benefits to be granted to him shall be the greatest amount for which he is eligible unless the public service commission concurs in his being granted benefits of a smaller amount. the public service commission shall not concur under subsection (1) or subsection (2) of this section in any action taken on the ground that any person who holds or has held the office of judge of the supreme court, director of public prosecutions, director of audit or chief elections officer has been guilty of misbehaviour in that office unless he has been removed from that office by reason of such misbehaviour. before the public service commission concurs under subsection (1) or subsection (2) of this section in any action taken on the ground that any person who holds or has held any office to which, at the time of such action, section 91 of this constitution applies has been guilty of misbehaviour in that office, the public service commission shall consult the judicial and legal services commission. in this section "pension benefits" means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as judges or officers of the supreme court or public officers or for the widows, children, dependants or personal representatives of such persons in respect of such service. chapter vii. citizenship 99 every person who, having been born in saint lucia, is immediately before the commencement of this constitution a citizen of the united kingdom and colonies shall become a citizen at such commencement. every person who, immediately before the commencement of this constitution, is a citizen of the united kingdom and colonieshaving become such a citizen under the british nationality act 1948 [fn: 1948 c. 56.] by virtue of his having been naturalised in saint lucia as a british subject before that act came into force; or having while resident in saint lucia become such a citizen by virtue of his having been naturalised or registered under the british nationality act 1948, shall become a citizen at such commencement. every person who, having been born outside saint lucia, is immediately before the commencement of this constitution a citizen of the united kingdom and colonies shall, if his father or mother becomes, or would but for his death or the renunciation of his citizenship of the united kingdom and colonies have become, a citizen by virtue of subsection (1) or subsection (2) of this section, become a citizen at such commencement. every woman who, having been married to a person who becomes, or but for his death or the renunciation of his citizenship of the united kingdom and colonies would have become, a citizen by virtue of subsection (1), (2) or (3) of this section, is a citizen of the united kingdom and colonies immediately before the commencement of this constitution shall become a citizen at such commencement. every person born in saint lucia after the commencement of this constitution shall become a citizen at the date of his birth: provided that a person shall not become a citizen by virtue of this section if at the time of his birthneither of his parents is a citizen of saint lucia and his father possesses such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to saint lucia; or his father is a citizen of a country with which saint lucia is at war and the birth occurs in a place then under occupation by that country. a person born outside saint lucia after the commencement of this constitution shall become a citizen at the date of his birth if, at that date, his father or mother is a citizen otherwise than by virtue of this section or section 99(3) of this constitution. 102 the following persons shall be entitled, upon making application, to be registered as citizensany woman who is married to a citizen or who has been married to a person who, at any time during the period during which they were married to each other, was a citizen; any person who, being a commonwealth citizen, is ordinarily resident in saint lucia at the commencement of this constitution, having been so resident for the period of seven years immediately preceding such commencement; any person who, having been a citizen has renounced his citizenship in order to qualify for the acquisition or retention of the citizenship of another country; any person who, but for having renounced his citizenship of the united kingdom and colonies in order to qualify for the acquisition or retention of the citizenship of another country, would have become a citizen at the commencement of this constitution; any woman who is married to any such person as is mentioned in paragraph (b), (c) or of this subsection or who was married to a person who, at any time during the period during which they were married to each other, was entitled to be registered as a citizen under any such paragraph; any woman who, before the commencement of this constitution, has been married to a personwho becomes a citizen by virtue of section 99 of this constitution; or who, having died before such commencement, would but for his death have become a citizen by virtue of that section, but whose marriage has been terminated by death or dissolution before such commencement. the following persons shall, upon making application, be entitled to be registered as citizensany man who is married to a citizen or who has been married to a person who, at any time during the period during which they were married to each other, was a citizen; any person who, being a commonwealth citizen, is and for seven years previous to his application has been ordinarily resident in saint lucia; any man who is married to any such person as is mentioned in paragraph (b), (c) or (d) of subsection (1) of this section or who was married to a person who, at any time during the period during which they were married to each other, was entitled to apply to be registered as a citizen under any such paragraph; any person under the age of twenty-one years who is the stepchild or child adopted in a manner recognised by law of a citizen or is the child, stepchild or child so adopted of a person who is or would but for his death have been entitled to be registered as a citizen under subsection (1) of this section: provided that if it is so provided by parliament an application for registration as a citizen under this subsection may, in such circumstances as may be prescribed by parliament in the interests of defence, public safety or public order, be refused by the minister responsible for the matter in any case in which he is satisfied that there are reasonable grounds for refusing the application. an application under this section shall be made in such manner as may be prescribed, as respects that application, by or under a law enacted by parliament and in the case of a person to whom subsection (2)(d) of this section applies, it shall be made on his behalf by his parent or guardian: provided that, if any such person is or has been married, he may make the application himself. every person who, being a british protected person, an alien or, if it is so prescribed by parliament, a citizen of any country within the commonwealth that does not form part of her majesty's dominions and having reached the age of twenty-one years, applies for registration under this section shall, before such registration, take the oath of allegiance. there shall be such provision as may be made by parliament forthe acquisition of citizenship by persons who are not eligible or who are no longer eligible to become citizens under the provisions of this chapter; depriving of his citizenship any person who is a citizen otherwise than by virtue of section 99, 100 or 101 of this constitution; the renunciation by any person of his citizenship. 104 in this chapter"alien" means a person who is not a commonwealth citizen, a british protected person or a citizen of the republic of ireland; "british protected person" means a person who is a british protected person for the purposes of the british nationality act 1948; "the british nationality act 1948" includes any act of the parliament of the united kingdom altering that act. for the purposes of this chapter, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be in that country. any reference in this chapter to the national status of the father of a person at the time of that person's birth shall, in relation to a person born after the death of his father, be construed as a reference to the national status of the father at the time of the father's death; and where that death occurred before the commencement of this constitution and the birth occurred after such commencement the national status that the father would have had if he had died immediately after such commencement shall be deemed to be his national status at the time of his death. chapter viii. judicial provisions 105 subject to the provisions of sections 22(2), 37(6), 41(11), 58(7), 117(8), 121(3) and 124(10) of this constitution, any person who alleges that any provision of this constitution (other than a provision of chapter i thereof) has been or is being contravened may, if he has a relevant interest, apply to the high court for a declaration and for relief under this section. the high court shall have jurisdiction on an application made under this section to determine whether any provision of this constitution (other than a provision of chapter i thereof) has been or is being contravened and to make a declaration accordingly. where the high court makes a declaration under this section that a provision of this constitution has been or is being contravened and the person on whose application the declaration is made has also applied for relief, the high court may grant to that person such remedy as it considers appropriate, being a remedy available generally under any law in proceedings in the high court. the chief justice may make rules with respect to the practice and procedure of the high court in relation to the jurisdiction and powers conferred on the court by or under this section, including provision with respect to the time within which any application under this section may be made. a person shall be regarded as having a relevant interest for the purpose of an application under this section only if the contravention of this constitution alleged by him is such as to affect his interests. the right conferred on a person by this section to apply for a declaration and relief in respect of an alleged contravention of this constitution shall be in addition to any other action in respect of the same matter that may be available to that person under any other law. nothing in this section shall confer jurisdiction on the high court to hear or determine any such question as is referred to in section 39 of this constitution. 106 where any question as to the interpretation of this constitution arises in any court of law established for saint lucia (other than the court of appeal, the high court or a court martial) and the court is of opinion that the question involves a substantial question of law, the court shall refer the question to the high court. where any question is referred to the high court in pursuance of this section, the high court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if the decision is the subject of an appeal to the court of appeal or her majesty in council, in accordance with the decision of the court of appeal or, as the case may be. her majesty in council. subject to the provisions of section 39(8) of this constitution, an appeal shall lie from decisions of the high court to the court of appeal as of right in the following casesfinal decisions in any civil or criminal proceedings on questions as to the interpretation of this constitution; final decisions given in exercise of the jurisdiction conferred on the high court by section 16 of this constitution (which relates to the enforcement of the fundamental rights and freedoms); and such other cases as may be prescribed by parliament. 108 an appeal shall lie from decisions of the court of appeal to her majesty in council as of right in the following casesfinal decisions in any civil proceedings where the matter in dispute on the appeal to her majesty in council is of the prescribed value or upwards or where the appeal involves directly or indirectly a claim to or question respecting property or a right of the prescribed value or upwards; final decisions in proceedings for dissolution or nullity of marriage; final decisions in any civil or criminal proceedings which involve a question as to the interpretation of this constitution; and such other cases as may be prescribed by parliament. an appeal shall lie from decisions of the court of appeal to her majesty in council with the leave of the court of appeal in the following casesdecisions in any civil proceedings where in the opinion of the court of appeal the question involved in the appeal is one that, by reason of its great general or public importance or otherwise, ought to be submitted to her majesty in council; and such other cases as may be prescribed by parliament. an appeal shall lie to her majesty in council with the special leave of her majesty from any decision of the court of appeal in any civil or criminal matter. references in this section to decisions of the court of appeal shall be construed as references to decisions of the court of appeal in exercise of the jurisdiction conferred by this constitution or any other law. in this section the prescribed value means the value of fifteen hundred dollars or such other value as may be prescribed by parliament. this section shall be subject to the provisions of section 39(7) of this constitution. in this chapter references to the contravention of any provision of, or the interpretation of, this constitution shall be construed as including references to the contravention of any provision of, or the interpretation of, the supreme court order. chapter ix. parliamentary commissioner 110 there shall be a parliamentary commissioner for saint lucia who shall be an officer of parliament and who shall not hold any other office of emolument whether in the public service or otherwise nor engage in any other occupation for reward. the parliamentary commissioner shall be appointed by the governor-general, acting after consultation with the prime minister and the leader of the opposition, for a term not exceeding five years. before entering upon the duties of his office, the parliamentary commissioner shall take and subscribe the oath of office before the speaker. subject to the provisions of subsection (7) of this section the parliamentary commissioner shall vacate his office at the expiration of the term for which he was appointed: provided that he shall vacate his officeif he is appointed as a senator or with his consent he is nominated as a candidate for election to the house; or if he is appointed to any other office of emolument or engages in any other occupation for reward. if the office of parliamentary commissioner becomes vacant, an appointment to fill the office shall be made within ninety days of the occurrence of the vacancy: provided that the house may by resolution extend that period for further periods not exceeding in the aggregate one hundred and fifty days. a person holding the office of parliamentary commissioner may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. the parliamentary commissioner shall be removed from office by the governor-general if the question of his removal from office has been referred to a tribunal appointed under subsection (8) of this section and the tribunal has recommended to the governor-general that he ought to be removed for inability as aforesaid or for misbehaviour. if the governor-general, acting after consultation with the prime minister and the leader of the opposition, considers that the question of removing the parliamentary commissioner under this section ought to be investigatedthe governor-general shall appoint a tribunal which shall consist of a chairman and not less than two other members selected by the chief justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from such a court; and the tribunal shall enquire into the matter and report on the facts thereof to the governor-general and recommend to him whether the commissioner ought to be removed under this section. if the question of removing the parliamentary commissioner has been referred to a tribunal under this section, the governor-general, acting after consultation with the prime minister and the leader of the opposition, may suspend the commissioner from the exercise of the functions of his office and any such suspension may at any time be revoked by the governor-general, acting as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the governor-general that the commissioner should not be removed. 111 there shall be a deputy parliamentary commissioner and the provisions of section 110 of this constitution shall apply in relation to the commissioner and his office as they apply in relation to the parliamentary commissioner and his office. the deputy parliamentary commissioner shall assist the parliamentary commissioner in the performance of the functions of his office and whenever that office is vacant or the holder of the office is for any reason unable to perform those functions, the deputy parliamentary commissioner shall perform those functions. 112 subject to the provisions of this section and sections 113 and 114 of this constitution, the principal function of the parliamentary commissioner shall be to investigate any decision or recommendation made, including any advice given or recommendation made to a minister, of any act done or omitted by any department of government or any other authority to which this section applies, or by officers or members of such a department or authority, being action taken in exercise of the administrative functions of that department or authority. the parliamentary commissioner shall be provided with a staff adequate for the efficient discharge of his functions and the offices of the members of his staff shall be public offices. the parliamentary commissioner may investigate any such matter in any of the following circumstanceswhere a complaint is duly made to the commissioner by any person alleging that the complainant has sustained an injustice as a result of a fault in administration; where a senator or a member of the house requests the commissioner to investigate the matter on the ground that a person or body of persons specified in the request has or may have sustained such injustice; and in any other circumstances in which the commissioner considers that he ought to investigate the matter on the ground that some person or body of persons has or may have sustained such injustice. the authorities other than departments of government to which this section applies arelocal authorities or other bodies established for purposes of the public service or of local government; authorities or bodies the majority of whose members are appointed by the governor-general or by a minister or whose revenues consist wholly or mainly of moneys provided out of public funds; any authority empowered to determine the person with whom any contract shall be entered into by or on behalf of the government; and such other authorities as may be prescribed by parliament. 113 in investigating any matter leading to, resulting from or connected with the decision of a minister, the parliamentary commissioner shall not inquire into or question the policy of the minister in accordance with which the decision was made. the parliamentary commissioner shall have power to investigate complaints of administrative injustice under section 112 notwithstanding that such complaints raise questions as to the integrity or corruption of the public service or any department or office of the public service, and may investigate any conditions resulting from, or calculated to facilitate or encourage, corruption in the public service, but he shall not undertake any investigation into specific charges of corruption against individuals. where in the course of an investigation it appears to the parliamentary commissioner that there is evidence of any corrupt act by any public officer or by any person in connection with the public service, he shall report the matter to the appropriate authority with his recommendation as to any further investigation he may consider proper. the parliamentary commissioner shall not investigateany action in respect of which the complainant has or had a remedy by way of proceedings in a court of law; or a right of appeal, reference or review to or before an independent and impartial tribunal other than a court of law; or any such action, or action taken with respect to any matter, as is described in schedule 3 to this constitution. notwithstanding the provisions of subsection (4) of this section the parliamentary commissionermay investigate a matter notwithstanding that the complainant has or had a remedy by way of proceedings in a court of law if satisfied that in the particular circumstances it is not reasonable to expect him to take or to have taken such proceedings; is not in any case precluded from investigating any matter by reason only that it is open to the complainant to apply to the high court for redress under section 16 of this constitution (which relates to the enforcement of the fundamental rights and freedoms). in determining whether to initiate, continue or discontinue an investigation, the parliamentary commissioner shall, subject to the provisions of sections 112 and 113 of this constitution, act in his discretion and, in particular and without prejudice to the generality of this discretion, the commissioner may refuse to initiate or may discontinue an investigation where it appears to him thata complaint relates to action of which the complainant has knowledge for more than twelve months before the complaint was received by the commissioner; the subject matter of the complaint is trivial; the complaint is frivolous or vexatious or is not made in good faith; or the complainant has not a sufficient interest in the subject matter of the complaint. 115 where a complaint or request for an investigation is duly made and the parliamentary commissioner decides not to investigate the matter or where he decides to discontinue an investigation of the matter, he shall inform the person who made the complaint or request of the reasons for his decision. upon the completion of an investigation the parliamentary commission shall inform the department of government or the authority concerned of the results of the investigation and if he is of the opinion that any person has sustained an injustice in consequence of a fault in administration, he shall inform the department of government or the authority of the reasons for his opinion and make such recommendations as he thinks fit. the parliamentary commissioner may in his original recommendations, or at any later stage if he thinks fit, specify the time within which the injustice should be remedied. where the investigation is undertaken as a result of a complaint or request, the parliamentary commissioner shall inform the person who made the complaint or request of his findings. where the matter is in the opinion of the parliamentary commissioner of sufficient public importance or where the commissioner has made a recommendation under subsection (2) of this section and within the time specified by him no sufficient action has been taken to remedy the injustice, then the commissioner shall make a special report to the senate and the house on the case. the parliamentary commissioner shall make annual reports to the senate and the house on the performance of his functions which shall include statistics in such form and in such detail as may be prescribed by law of the complaints received by him and the results of his investigations. 116 the parliamentary commissioner shall have the powers of the high court to summon witnesses to appear before him and to compel them to give evidence on oath and to produce documents relevant to the proceedings before him and all persons giving evidence at those proceedings shall have the same duties and liabilities and enjoy the same privileges as in the high court. the parliamentary commissioner shall have power to enter and inspect the premises of any department of government or any authority to which section 112 applies, to call for, examine and where necessary retain any document kept on such premises and there to carry out any investigation in pursuance of his functions. 117 there shall be such provision as may be made by parliamentfor regulating the procedure for the making of complaints and requests to the parliamentary commissioner and for the exercise of his functions; for conferring such powers on the commissioner and imposing duties on persons in connection with the due performance of his functions; and generally for facilitating the performance by the commissioner of his functions. the parliamentary commissioner may not be empowered to summon a minister or a parliamentary secretary to appear before him or to compel a minister or a parliamentary secretary to answer any questions relating to any matter under investigation by the commissioner. the parliamentary commissioner may not be empowered to summon any witness to produce any cabinet papers or to give any confidential income tax information. no complainant may be required to pay any fee in respect of his complaint or request or for any investigation to be made by the parliamentary commissioner. no proceedings, civil or criminal, may lie against the parliamentary commissioner, or against any person holding an office or appointment under him, for anything he may do or report or say in the course of the exercise or intended exercise of the functions of the commissioner under this constitution, unless it is shown that he acted in bad faith. the parliamentary commissioner, and any person holding office or appointment under him, may not be called to give evidence in any court of law, or in any proceedings of a judicial nature, in respect of anything coming to his knowledge in the exercise of his functions. anything said or any information supplied or any document, paper, or thing produced by any person in the course of any enquiry by or proceedings before the parliamentary commissioner under this constitution shall be privileged in the same manner as if the enquiry or proceedings were proceedings in a court of law. no proceedings of the parliamentary commissioner may be held bad for want of form, and, except on the ground of lack of jurisdiction, no proceeding or decision of the commissioner shall be liable to be challenged, reviewed, quashed or called in question in any court of law. chapter x. miscellaneous 118 there shall be an integrity commission for saint lucia (hereinafter in this section referred to as the commission) which shall consist of a chairman and not less than two nor more than four other members, who shall be appointed by the governor-general, acting in accordance with the advice of the prime minister: provided that the prime minister shall consult the leader of the opposition before tendering any advice to the governor-general for the purposes of this subsection. a person shall not be qualified to be appointed as a member of the commission ifhe is a senator or a member of the house; he is, or has at any time during the three years preceding his appointment been, a judge of the supreme court or a public officer. a member of the commission shall not, within the period of three years commencing with the day on which he last held or acted in the office of member of the commission, be eligible for appointment to or to act in any public office. subject to the provisions of this section, the office of a member of the commission shall become vacantat the expiration of three years from the date of his appointment or if any circumstances arise that, if he were not a member of the commission, would cause him to be disqualified to be appointed as such under subsection (2) of this section. a member of the commission may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. a member of the commission shall be removed from office by the governor-general if the question of his removal from office has been referred to a tribunal appointed under subsection (7) of this section and the tribunal has recommended to the governor-general that he ought to be removed from office for inability as aforesaid or for misbehaviour. if the prime minister represents to the governor-general that the question of removing a member of the commission under this section ought to be investigated, thenthe governor-general shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the chief justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from such a court; and the tribunal shall enquire into the matter and report on the facts thereof to the governor-general and recommend to him whether the member ought to be removed under this section. if the question of removing a member of the commission has been referred to a tribunal under this section, the governor-general, acting in accordance with the advice of the prime minister, may suspend that member from the exercise of the functions of his office and any such suspension may at any time be revoked by the governor-general, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the governor-general that that member should not be removed. if the office of chairman of the commission is vacant or if the holder of that office is for any reason unable to exercise the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be exercised by such other member of the commission as may for the time being be designated by the governor-general, acting in accordance with the advice of the prime minister. if at any time there are less than two members of the commission besides the chairman or if any such member is acting as chairman or is for any reason unable to exercise the functions of his office, the governor-general, acting in accordance with the advice of the prime minister, may appoint a person who is qualified to be appointed as a member of the commission to act as a member, and any person so appointed shall, subject to the provisions of subsection (4) of this section, continue to act until the office in which he is acting has been filled or, as the case may be, until the holder thereof has resumed his functions or until his appointment to act has been revoked by the governor-general, acting in accordance with the advice of the prime minister. a member of the commission shall not enter upon the duties of his office until he has taken and subscribed the oath of allegiance and the oath of office. the commission shall, in the exercise of its functions under this constitution, not be subject to the direction or control of any other person or authority. the commission may by regulation or otherwise regulate its own procedure and, with the consent of the prime minister, may confer powers or impose duties on any public officer or on any authority of the government for the purpose of the exercise of its functions. the commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings: provided that any decision of the commission shall require the concurrence of a majority of all its members. 119 the integrity commission shall obtain declarations in writing from time to time of their assets, liabilities and income from senators and members of the house (including ministers and parliamentary secretaries) and from the holders of such other offices as parliament may prescribe. there shall be such provision as may be made by parliament in relation to the due performance by the commission of its functions under this section, including its powers, privileges, immunities and procedure and the security and confidentiality of the information it receives. this constitution is the supreme law of saint lucia and, subject to the provisions of section 41 of this constitution, if any other law is inconsistent with this constitution, this constitution shall prevail and the other law shall, to the extent of the inconsistency, be void. 121 any reference in this constitution to the functions of the governor-general shall be construed as a reference to his powers and duties in the exercise of the executive authority of saint lucia and to any other powers and duties conferred or imposed on him as governor-general by or under this constitution or any other law. where by this constitution the governor-general is required to perform any function after consultation with any person or authority he shall not be obliged to exercise that function in accordance with the advice of that person or authority. where by this constitution the governor-general is required to perform any function in accordance with the advice of, or after consultation with, any person or authority, the question whether the governor-general has so exercised that function shall not be enquired into in any court of law. 122 a senator or a member of the house may resign his seat by writing under his hand addressed to the president or the speaker, as the case may be, and the resignation shall take effect, and the seat shall accordingly become vacant, when the writing is received, as the case may be, bythe president or speaker; if the office of president or speaker is vacant or the president or speaker is for any reason unable to perform the functions of his office and no other person is performing them, the deputy president or deputy speaker; or if the office of deputy president or deputy speaker is vacant or the deputy president or deputy speaker is for any reason unable to perform the functions of his office and no other person is performing them, the clerk of the senate or clerk of the house. the president or the deputy president or the speaker or the deputy speaker may resign his office by writing under his hand addressed to the senate or the house, as the case may be, and the resignation shall take effect, and the office shall accordingly become vacant, when the writing is received, as the case may be, by the clerk of the senate or clerk of the house. any person who has been appointed to an office established by this constitution (other than an office to which subsection (1) or (2) of this section applies) or any office of minister established under this constitution may resign that office by writing under his hand addressed to the person or authority by whom he was appointed and the resignation shall take effect, and the office shall accordingly become vacantat such time or on such date (if any) as may be specified in the writing; or when the writing is received by the person or authority to whom it is addressed or by such other person as may be authorised to receive it, whichever is the later: provided that the resignation may be withdrawn before it takes effect if the person or authority to whom the resignation is addressed consents to its withdrawal. 123 where any person has vacated any office established by this constitution or any office of minister established under this constitution, he may, if qualified, again be appointed or elected to hold that office in accordance with the provisions of this constitution. where this constitution vests in any person or authority the power to make any appointment to any office, a person may be appointed to that office, notwithstanding that some other person may be holding that office, when that other person is on leave of absence pending the relinquishment of the office; and where two or more persons are holding the same office by reason of an appointment made in pursuance of this subsection, then, for the purposes of any function conferred upon the holder of that office, the person last appointed shall be deemed to be the sole holder of the office. 124 in this constitution, unless the context otherwise requires"citizen" means a citizen of saint lucia and "citizenship" shall be construed accordingly; "commonwealth citizen" has such meaning as parliament may prescribe; "dollars" means dollars in the currency of saint lucia; "financial year" means any period of twelve months beginning on 1st january in any year or such other date as may be prescribed by law; "the government" means the government of saint lucia; "the house" means the house of assembly; "law" means any law in force in saint lucia or any part thereof, including any instrument having the force of law and any unwritten rule of law and "lawful" and "lawfully" shall be construed accordingly; "minister" means a minister of the government and includes a temporary minister; "parliament" means the parliament of saint lucia; "oath" includes affirmation; "oath of allegiance" means such oath of allegiance as may be prescribed by law; "oath of office" means, in relation to any office, such oath for the due execution of that office as may be prescribed by law; "oath of secrecy" means such oath of secrecy as may be prescribed by law; "the police force" means the royal saint lucia police force and includes any other police force established to succeed to the functions of the royal saint lucia police force; "president" and "deputy president" mean the respective persons holding office as president and deputy president of the senate; "public office" means any office of emolument in the public service; "public officer" means a person holding or acting in any public office; "the public service" means, subject to the provisions of this section, the service in a civil capacity of the government; "session" means, in relation to the senate or the house, the period beginning when it first meets after parliament has at any time been prorogued or dissolved and ending when parliament is prorogued or when parliament is dissolved without having been prorogued; "sitting" means, in relation to the senate or the house, the period during which it is sitting continuously without adjournment and includes any period during which it is in committee; "speaker" and "deputy speaker" means the respective persons holding office as speaker and deputy speaker of the house. in this constitution references to an office in the public service shall not be construed as includingreferences to the office of the president or deputy president, the speaker or deputy speaker, the prime minister or any other minister, a senator, a parliamentary secretary or a member of the house, the parliamentary commissioner or the deputy parliamentary commissioner; references to the office of a member of any commission established by this constitution or a member of the advisory committee on the prerogative of mercy or a member of the public service board of appeal; references to the office of judge or officer of the supreme court; save in so far as may be provided by parliament, references to the office of a member of any other council, board, panel, committee or other similar body (whether incorporated or not) established by or under any law. in this constitutionreferences to the supreme court order include references to any law in force in saint lucia altering that order; references to the supreme court, the court of appeal, the high court and the judicial and legal services commission are references to the supreme court, the court of appeal, the high court and the judicial and legal services commission established by the supreme court order; references to the chief justice have the same meaning as in the supreme court order; references to a judge of the supreme court are references to a judge of the high court or the court of appeal and, unless the context otherwise requires, include references to a judge of the former supreme court of the windward islands and leeward islands; and references to officers of the supreme court are references to the chief registrar and other officers of the supreme court appointed under the supreme court order. in this constitution "the specified qualifications" means the professional qualifications specified by or under any law, one of which must be held by any person before he may apply under that law to be admitted to practice as a barrister or a solicitor in saint lucia. for the purposes of this constitution, a person shall not be regarded as holding an office by reason only of the fact that he is in receipt of a pension or other like allowance. in this constitution, unless the context otherwise requires, a reference to the holder of an office by the term designating his office shall be construed as including, to the extent of his authority, a reference to any person for the time being authorised to exercise the functions of that office. except in the case where this constitution provides for the holder of any office thereunder to be such person holding or acting in any other office as may for the time being be designated in that behalf by some other specified person or authority, no person may, without his consent, be nominated for election to any such office or be appointed to or to act therein or otherwise be selected therefor. references in this constitution to the power to remove a public officer from his office shall be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service: provided thatnothing in this subsection shall be construed as conferring on any person or authority the power to require the director of public prosecutions, the director of audit or the chief elections officer to retire from the public service; and any power conferred by any law to permit a person to retire from the public service shall, in the case of any public officer who may be removed from office by some person or authority other than a commission established by this constitution, vest in the public service commission. any provision in this constitution that vests in any person or authority the power to remove any public officer from his office shall be without prejudice to the power of any person or authority to abolish any office or to any law providing for the compulsory retirement of public officers generally or any class of public officer on attaining an age specified by or under the law. where this constitution vests in any person or authority the power to appoint any person to act in or to exercise the functions of any office if the holder thereof is himself unable to exercise those functions, no such appointment shall be called in question on the grounds that the holder of the office was not unable to exercise those functions. no provision of this constitution that any person or authority shall not be subject to the direction or control of any other person or authority in the exercise of any functions under this constitution shall be construed as precluding a court of law from exercising jurisdiction in relation to any question whether that person or authority has exercised those functions in accordance with this constitution or any other law. without prejudice to the provisions of section 32(3) of the interpretation act 1889 [fn: 1889 c. 63.] (as applied by subsection (14) of this section), where any power is conferred by this constitution to make any order, regulation or rule or give any direction or make any designation, the power shall be construed as including the power, exercisable in like manner and subject to the like conditions, if any, to amend or revoke any such order, regulation, rule, direction, or designation. in this constitution references to altering this constitution or any other law, or any provision thereof, include referencesto revoking it, with or without re-enactment thereof or the making of different provision in lieu thereof; to modifying it whether by omitting or amending any of its provisions or inserting additional provisions in it or otherwise; and to suspending its operation for any period or terminating any such suspension. the interpretation act 1889 shall apply, with the necessary adaptations, for the purpose of interpreting this constitution and otherwise in relation thereto as it applies for the purpose of interpreting and in relation to acts of the parliament of the united kingdom. schedule 1 to the constitution. alteration of constitution and supreme court order (section 41) part i. provisions of constitution referred to in section 41(2) chapter i; sections 19, 20 and 59; sections 23, 24, 30, 33, 37, 39, 40, 47, 48, 49, 50, 51, 54, 55, 56, 57, 58 and 73; chapter v; sections 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 97 and 98; chapter viii; chapter ix; section 124 in its application to any of the provisions mentioned in this schedule; or schedule 2. part ii. provisions of the supreme court order referred to in section 41(2) sections 4, 5, 6, 8, 11, 18 and 19. schedule 2 to the constitution. rules concerning constituencies (section 58) all constituencies shall contain as nearly equal numbers of inhabitants as appears to the constituency boundaries commission to be reasonably practicable but the commission may depart from this principle to such extent as it considers expedient to take account of the following factors, that is to say:the density of population, and in particular the need to ensure the adequate representation of sparsely populated rural areas; the means of communication; geographical features; and the boundaries of administrative areas. schedule 3 to the constitution. matters not subject to investigation by parliamentary commissioner (section 113) action taken in matters certified by the attorney-general to affect relations or dealings between the government and the government of any country or territory other than saint lucia or any international organisation. action taken in any country or territory outside saint lucia by or on behalf of any officer representing or acting under the authority of the government. action taken under any law relating to extradition or fugitive offenders. action taken for the purposes of investigating crime or of protecting the security of saint lucia. the commencement or conduct of civil or criminal proceedings before any court of law having jurisdiction in saint lucia or before any international court or tribunal. any exercise of the prerogative of mercy. action taken in matters relating to contractual or other commercial transactions, being transactions of a department of government or an authority to which section 112 applies but not being transactions for or relating tothe acquisition of land compulsorily or in circumstances in which it could be acquired compulsorily; the disposal as surplus of land acquired compulsorily or in circumstances in which it could have been acquired compulsorily. action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters in relation to service in any office or employment in the public service or under any authority as may be prescribed by law. any matter relating to any person who is or was a member of the armed forces of saint lucia in so far as the matter relates tothe terms and conditions of his service as such; or any order, command, penalty or punishment given to or affecting him in his capacity as such. any action which by virtue of any provision of this constitution may not be enquired into by any court of law. preamble the people of latvia, in freely elected constitutional assembly, have adopted the following state constitution: the state of latvia, proclaimed on 18 november 1918, has been established by uniting historical latvian lands and on the basis of the unwavering will of the latvian nation to have its own state and its inalienable right of self-determination in order to guarantee the existence and development of the latvian nation, its language and culture throughout the centuries, to ensure freedom and promote welfare of the people of latvia and each individual. the people of latvia won their state in the war of liberation. they consolidated the system of government and adopted the constitution in a freely elected constitutional assembly. the people of latvia did not recognise the occupation regimes, resisted them and regained their freedom by restoring national independence on 4 may 1990 on the basis of continuity of the state. they honour their freedom fighters, commemorate victims of foreign powers, condemn the communist and nazi totalitarian regimes and their crimes. latvia as democratic, socially responsible and national state is based on the rule of law and on respect for human dignity and freedom; it recognises and protects fundamental human rights and respects ethnic minorities. the people of latvia protect their sovereignty, national independence, territory, territorial integrity and democratic system of government of the state of latvia. since ancient times, the identity of latvia in the european cultural space has been shaped by latvian and liv traditions, latvian folk wisdom, the latvian language, universal human and christian values. loyalty to latvia, the latvian language as the only official language, freedom, equality, solidarity, justice, honesty, work ethic and family are the foundations of a cohesive society. each individual takes care of oneself, one’s relatives and the common good of society by acting responsibly toward other people, future generations, the environment and nature. while acknowledging its equal status in the international community, latvia protects its national interests and promotes sustainable and democratic development of a united europe and the world. god, bless latvia! chapter i. general provisions article 1 latvia is an independent democratic republic. article 2 the sovereign power of the state of latvia is vested in the people of latvia. article 3 the territory of the state of latvia, within the borders established by international agreements, consists of vidzeme, latgale, kurzeme and zemgale. article 4 the latvian language is the official language in the republic of latvia. the national flag of latvia shall be red with a band of white. chapter ii. the saeima article 5 the saeima shall be composed of one hundred representatives of the people. article 6 the saeima shall be elected in general, equal and direct elections, and by secret ballot based on proportional representation. article 7 in the division of latvia into separate electoral districts, provision for the number of members of the saeima to be elected from each district shall be proportional to the number of electors in each district. article 8 all citizens of latvia who enjoy full rights of citizenship and, who on election day have attained eighteen years of age shall be entitled to vote. article 9 any citizen of latvia, who enjoys full rights of citizenship and, who is more than twenty-one years of age on the first day of elections may be elected to the saeima. article 10 the saeima shall be elected for a term of four years. article 11 elections for the saeima shall be held on the first saturday in october. article 12 the newly elected saeima shall hold its first sitting on the first tuesday in november, when the mandate of the previous saeima shall expire. article 13 should elections for the saeima, by reason of the dissolution of the previous saeima, be held at another time of the year, the saeima so elected shall convene not later than one month after its election, and its mandate shall expire upon the convening of the new saeima on the first tuesday in november following the elapse of three years after such election. article 14 not less than one tenth of electors has the right to initiate a national referendum regarding recalling of the saeima. if the majority of voters and at least two thirds of the number of the voters who participated in the last elections of the saeima vote in the national referendum regarding recalling of the saeima, then the saeima shall be deemed recalled. the right to initiate a national referendum regarding recalling of the saeima may not be exercised one year after the convening of the saeima and one year before the end of the term of office of the saeima, during the last six months of the term of office of the president, as well as earlier than six months after the previous national referendum regarding recalling of the saeima. the electors may not recall any individual member of the saeima. article 15 the saeima shall hold its sittings in riga, and only in extraordinary circumstances may it convene elsewhere. article 16 the saeima shall elect a presidium that shall be composed of a chairperson, two deputies and secretaries. the presidium shall function continuously during the mandate of the saeima. article 17 the first sitting of the newly elected saeima shall be opened by the chairperson of the preceding saeima or by another member of the presidium at the direction of the presidium. article 18 the saeima itself shall review the qualifications of its members. a person elected to the saeima shall acquire the mandate of a member of the saeima if such person gives the following solemn promise: “i, upon assuming the duties of a member of the saeima, before the people of latvia, do swear (solemnly promise) to be loyal to latvia, to strengthen its sovereignty and the latvian language as the only official language, to defend latvia as an independent and democratic state, and to fulfil my duties honestly and conscientiously. i undertake to observe the constitution and laws of latvia." article 19 the presidium shall convene sessions of the saeima and schedule regular and extraordinary sittings. article 20 the presidium shall convene sittings of the saeima if requested by the president, the prime minister, or not less than one third of the members of the saeima. article 21 the saeima shall establish rules of order to provide for its internal operations and order. the working language of the saeima is the latvian language. article 22 sittings of the saeima shall be public. the saeima may decide by a majority vote of not less than two-thirds of the members present to sit in closed session, if so requested by ten members of the saeima, or by the president, the prime minister, or a minister. article 23 sittings of the saeima may take place if at least half of the members of the saeima participate therein. article 24 the saeima shall make decisions by an absolute majority of votes of the members present at the sitting, except in cases specifically set out in the constitution. article 25 the saeima shall establish committees and determine the number of members and their duties. committees have the right to require of individual ministers or local government authorities information and explanations necessary for the work of the committees, and the right to invite to their sittings responsible representatives from the relevant ministries or local government authorities to furnish explanations. committees may also carry on their work between sessions of the saeima. article 26 the saeima shall appoint parliamentary investigatory committees for specified matters if not less than one-third of its members request it. article 27 the saeima shall have the right to submit to the prime minister or to an individual minister requests and questions which either they, or a responsible government official duly authorised by them, must answer. the prime minister or any minister shall furnish the relevant documents and enactments requested by the saeima or by any of its committees. article 28 members of the saeima may not be called to account by any judicial, administrative or disciplinary process in connection with their voting or their views as expressed during the execution of their duties. court proceedings may be brought against members of the saeima if they, albeit in the course of performing parliamentary duties, disseminate: defamatory statements which they know to be false, or defamatory statements about private or family life. article 29 members of the saeima shall not be arrested, nor shall their premises be searched, nor shall their personal liberty be restricted in any way without the consent of the saeima. members of the saeima may be arrested if apprehended in the act of committing a crime. the presidium shall be notified within twenty-four hours of the arrest of any member of the saeima; the presidium shall raise the matter at the next sitting of the saeima for decision as to whether the member shall continue to be held in detention or be released. when the saeima is not in session, pending the opening of a session, the presidium shall decide whether the member of the saeima shall remain in detention. article 30 without the consent of the saeima, criminal prosecution may not be commenced against its members. article 31 members of the saeima have the right to refuse to give evidence: concerning persons who have entrusted to them, as representatives of the people, certain facts or information; concerning persons to whom they, as representatives of the people, have entrusted certain facts or information; or concerning such facts or information itself. article 32 members of the saeima may not, either personally or in the name of another person, receive government contracts or concessions. the provisions of this article shall apply to ministers even if they are not members of the saeima. article 33 the remuneration of members of the saeima shall be from state funds. article 34 no person may be called to account for reporting the sittings of the saeima or its committees if such reports correspond to fact. information about closed sessions of either the saeima or its committees may only be disclosed with the permission of the presidium of the saeima or the committee. chapter iii. the president article 35 the saeima shall elect the president for a term of four years. article 36 the president shall be elected by secret ballot with a majority of the votes of not less than fifty-one members of the saeima. article 37 any person who enjoys full rights of citizenship and who has attained the age of forty years may be elected president. a person with dual citizenship may not be elected president. article 38 the office of the president shall not be held concurrently with any other office. if the person elected as president is a member of the saeima, he or she shall resign his or her mandate as a member of the saeima. article 39 the same person shall not hold office as president for more than eight consecutive years. article 40 the president, upon taking up the duties of office, at a sitting of the saeima, shall take the following solemn oath: “i swear that all of my work will be dedicated to the welfare of the people of latvia. i will do everything in my power to promote the prosperity of the republic of latvia and all who live here. i will hold sacred and will observe the constitution of latvia and the laws of the state. i will act justly towards all and will fulfil my duties conscientiously.” article 41 the president shall represent the state in international relations, appoint the diplomatic representatives of latvia, and also receive diplomatic representatives of other states. the president shall implement the decisions of the saeima concerning the ratification of international agreements. article 42 the president shall be the commander-in-chief of the armed forces of latvia. during wartime, the president shall appoint a supreme commander. article 43 the president shall declare war on the basis of a decision of the saeima. article 44 the president has the right to take whatever steps are necessary for the military defence of the state should another state declare war on latvia or an enemy invade its borders. concurrently and without delay, the president shall convene the saeima, which shall decide as to the declaration and commencement of war. article 45 the president has the right to grant clemency to criminals against whom judgment of the court has come into legal effect. the extent of, and procedures for, the utilisation of this right shall be set out in a specific law. the saeima grants amnesty. article 46 the president has the right to convene and to preside over extraordinary meetings of the cabinet and to determine the agenda of such meetings. article 47 the president has the right to initiate legislation. article 48 the president shall be entitled to propose the dissolution of the saeima. following this proposal, a national referendum shall be held. if in the referendum more than half of the votes are cast in favour of dissolution, the saeima shall be considered dissolved, new elections called, and such elections held no later than two months after the date of the dissolution of the saeima. article 49 if the saeima has been dissolved or recalled, the mandate of the members of the saeima shall continue to be in effect until the convening of the newly elected saeima, but the former saeima may only hold sittings upon the request of the president. the president shall determine the agenda of such sittings of the saeima. new elections shall take place not earlier than one month and not later than two months after recalling of the saeima. article 50 if in the referendum more than half of the votes are cast against the dissolution of the saeima, then the president shall be deemed to be removed from office, and the saeima shall elect a new president to serve for the remaining term of office of the president so removed. article 51 upon the proposal of not less than half of all of the members of the saeima, the saeima may decide, in closed session and with a majority vote of not less than two-thirds of all of its members, to remove the president from office. article 52 if the president resigns from office, dies or is removed from office before their term has ended, the chairperson of the saeima shall assume the duties of the president until the saeima has elected a new president. similarly, the chairperson of the saeima shall assume the duties of the president if the latter is away from latvia or for any other reason unable to fulfil the duties of office. article 53 political responsibility for the fulfilment of presidential duties shall not be borne by the president. all orders of the president shall be jointly signed by the prime minister or by the appropriate minister, who shall thereby assume full responsibility for such orders except in the cases specified in articles forty-eight and fifty-six. article 54 the president may be subject to criminal liability if the saeima consents thereto by a majority vote of not less than two-thirds. chapter iv. the cabinet article 55 the cabinet shall be composed of the prime minister and the ministers chosen by the prime minister. article 56 the cabinet shall be formed by the person who has been invited by the president to do so. article 57 the number of ministries and the scope of their responsibilities, as well as the relations between state institutions, shall be as provided for by law. article 58 the administrative institutions of the state shall be under the authority of the cabinet. article 59 in order to fulfil their duties, the prime minister and other ministers must have the confidence of the saeima and they shall be accountable to the saeima for their actions. if the saeima expresses no confidence in the prime minister, the entire cabinet shall resign. if there is an expression of no confidence in an individual minister, then the minister shall resign and another person shall be invited to replace them by the prime minister. article 60 meetings of the cabinet shall be chaired by the prime minister, and in the absence of the prime minister, by a minister authorised to do so by the prime minister. article 61 the cabinet shall deliberate draft laws prepared by individual ministries as well as matters which pertain to the activities of more than one ministry, and issues of state policy raised by individual members of cabinet. article 62 if the state is threatened by an external enemy, or if an internal insurrection which endangers the existing political system arises or threatens to arise in the state or in any part of the state, the cabinet has the right to proclaim a state of emergency and shall inform the presidium within twenty-four hours and the presidium shall, without delay, present such decision of the cabinet to the saeima. article 63 ministers, even if they are not members of the saeima, and responsible government officials authorised by a minister, have the right to attend sittings of the saeima and its committees and to submit additions and amendments to draft laws. chapter v. legislation article 64 the saeima, and also the people, have the right to legislate, in accordance with the procedures, and to the extent, provided for by this constitution. article 65 draft laws may be submitted to the saeima by the president, the cabinet or committees of the saeima, by not less than five members of the saeima, or, in accordance with the procedures and in the cases provided for in this constitution, by one-tenth of the electorate. article 66 annually, before the commencement of each financial year, the saeima shall determine the state revenues and expenditures budget, the draft of which shall be submitted to the saeima by the cabinet. if the saeima makes a decision that involves expenditures not included in the budget, then this decision must also allocate funds to cover such expenditures. after the end of the budgetary year, the cabinet shall submit an accounting of budgetary expenditures for the approval of the saeima. article 67 the saeima shall determine the size of the armed forces of the state during peacetime. article 68 all international agreements, which settle matters that may be decided by the legislative process, shall require ratification by the saeima. upon entering into international agreements, latvia, with the purpose of strengthening democracy, may delegate a part of its state institution competencies to international institutions. the saeima may ratify international agreements in which a part of state institution competencies are delegated to international institutions in sittings in which at least two-thirds of the members of the saeima participate, and a two-thirds majority vote of the members present is necessary for ratification. membership of latvia in the european union shall be decided by a national referendum, which is proposed by the saeima. substantial changes in the terms regarding the membership of latvia in the european union shall be decided by a national referendum if such referendum is requested by at least one-half of the members of the saeima. article 69 the president shall proclaim laws passed by the saeima not earlier than the tenth day and not later than the twenty-first day after the law has been adopted. a law shall come into force fourteen days after its proclamation unless a different term has been specified in the law. article 70 the president shall proclaim adopted laws in the following manner: “the saeima (that is, the people) has adopted and the president has proclaimed the following law: (text of the law).” article 71 within ten days of the adoption of a law by the saeima, the president, by means of a written and reasoned request to the chairperson of the saeima, may require that a law be reconsidered. if the saeima does not amend the law, the president then may not raise objections a second time. article 72 the president has the right to suspend the proclamation of a law for a period of two months. the president shall suspend the proclamation of a law if so requested by not less than one-third of the members of the saeima. this right may be exercised by the president, or by one-third of the members of the saeima, within ten days of the adoption of the law by the saeima. the law thus suspended shall be put to a national referendum if so requested by not less than one-tenth of the electorate. if no such request is received during the aforementioned two-month period, the law shall then be proclaimed after the expiration of such period. a national referendum shall not take place, however, if the saeima again votes on the law and not less than three-quarters of all members of the saeima vote for the adoption of the law. article 73 the budget and laws concerning loans, taxes, customs duties, railroad tariffs, military conscription, declaration and commencement of war, peace treaties, declaration of a state of emergency and its termination, mobilisation and demobilisation, as well as agreements with other nations may not be submitted to national referendum. article 74 a law adopted by the saeima and suspended pursuant to the procedures specified in article seventy-two shall be repealed by national referendum if the number of voters is at least half of the number of electors as participated in the previous saeima election and if the majority has voted for repeal of the law. article 75 should the saeima, by not less than a two thirds majority vote, determine a law to be urgent, the president may not request reconsideration of such law, it may not be submitted to national referendum, and the adopted law shall be proclaimed no later than the third day after the president has received it. article 76 the saeima may amend the constitution in sittings at which at least two-thirds of the members of the saeima participate. the amendments shall be passed in three readings by a majority of not less than two-thirds of the members present. article 77 if the saeima has amended the first, second, third, fourth, sixth or seventy-seventh article of the constitution, such amendments, in order to come into force as law, shall be submitted to a national referendum. article 78 electors, in number comprising not less than one tenth of the electorate, have the right to submit a fully elaborated draft of an amendment to the constitution or of a law to the president, who shall present it to the saeima. if the saeima does not adopt it without change as to its content, it shall then be submitted to national referendum. article 79 an amendment to the constitution submitted for national referendum shall be deemed adopted if at least half of the electorate has voted in favour. a draft law, decision regarding membership of latvia in the european union or substantial changes in the terms regarding such membership submitted for national referendum shall be deemed adopted if the number of voters is at least half of the number of electors as participated in the previous saeima election and if the majority has voted in favour of the draft law, membership of latvia in the european union or substantial changes in the terms regarding such membership. article 80 all citizens of latvia who have the right to vote in elections of the saeima may participate in national referendums. article 81 [3 may 2007] chapter vi. courts article 82 in latvia, court cases shall be heard by district (city) courts, regional courts and the supreme court, but in the event of war or a state of emergency, also by military courts. article 83 judges shall be independent and subject only to the law. article 84 judicial appointments shall be confirmed by the saeima and they shall be irrevocable. the saeima may remove judges from office against their will only in the cases provided for by law, based upon a decision of the judicial disciplinary board or a judgment of the court in a criminal case. the age of retirement from office for judges may be determined by law. article 85 in latvia, there shall be a constitutional court, which, within its jurisdiction as provided for by law, shall review cases concerning the conformity of laws with the constitution, as well as other cases conferred within the jurisdiction thereof by law. the constitutional court is entitled to declare laws or other enactments or parts thereof invalid. the saeima shall confirm the appointment of judges to the constitutional court for the term provided for by law, with a majority of the votes of not less than fifty-one members of the saeima. article 86 decisions in court proceedings may be made only by bodies upon which jurisdiction regarding such has been conferred by law, and only in accordance with procedures provided for by law. military courts shall act on the basis of a specific law. chapter vii. the state audit office article 87 the state audit office shall be an independent collegial institution. article 88 auditors general shall be appointed to their office and confirmed pursuant to the same procedures as judges, but only for a fixed period of time, during which they may be removed from office only by a judgment of the court. a specific law shall provide for the organisation and responsibilities of the state audit office. chapter viii. fundamental human rights article 89 the state shall recognise and protect fundamental human rights in accordance with this constitution, laws and international agreements binding upon latvia. article 90 everyone has the right to know about his or her rights. article 91 all human beings in latvia shall be equal before the law and the courts. human rights shall be realised without discrimination of any kind. article 92 everyone has the right to defend his or her rights and lawful interests in a fair court. everyone shall be presumed innocent until his or her guilt has been established in accordance with law. everyone, where his or her rights are violated without basis, has a right to commensurate compensation. everyone has a right to the assistance of counsel. article 93 the right to life of everyone shall be protected by law. article 94 everyone has the right to liberty and security of person. no one may be deprived of or have their liberty restricted, otherwise than in accordance with law. article 95 the state shall protect human honour and dignity. torture or other cruel or degrading treatment of human beings is prohibited. no one shall be subjected to inhuman or degrading punishment. article 96 everyone has the right to inviolability of his or her private life, home and correspondence. article 97 everyone residing lawfully in the territory of latvia has the right to freely move and to choose his or her place of residence. article 98 everyone has the right to freely depart from latvia. everyone having a latvian passport shall be protected by the state when abroad and has the right to freely return to latvia. a citizen of latvia may not be extradited to a foreign country, except in the cases provided for in international agreements ratified by the saeima if by the extradition the basic human rights specified in the constitution are not violated. article 99 everyone has the right to freedom of thought, conscience and religion. the church shall be separate from the state. article 100 everyone has the right to freedom of expression, which includes the right to freely receive, keep and distribute information and to express his or her views. censorship is prohibited. article 101 every citizen of latvia has the right, as provided for by law, to participate in the work of the state and of local government, and to hold a position in the civil service. local governments shall be elected by latvian citizens and citizens of the european union who permanently reside in latvia. every citizen of the european union who permanently resides in latvia has the right, as provided by law, to participate in the work of local governments. the working language of local governments is the latvian language. article 102 everyone has the right to form and join associations, political parties and other public organisations. article 103 the state shall protect the freedom of previously announced peaceful meetings, street processions, and pickets. article 104 everyone has the right to address submissions to state or local government institutions and to receive a materially responsive reply. everyone has the right to receive a reply in the latvian language. article 105 everyone has the right to own property. property shall not be used contrary to the interests of the public. property rights may be restricted only in accordance with law. expropriation of property for public purposes shall be allowed only in exceptional cases on the basis of a specific law and in return for fair compensation. article 106 everyone has the right to freely choose their employment and workplace according to their abilities and qualifications. forced labour is prohibited. participation in the relief of disasters and their effects, and work pursuant to a court order shall not be deemed forced labour. article 107 every employed person has the right to receive, for work done, commensurate remuneration which shall not be less than the minimum wage established by the state, and has the right to weekly holidays and a paid annual vacation. article 108 employed persons have the right to a collective labour agreement, and the right to strike. the state shall protect the freedom of trade unions. article 109 everyone has the right to social security in old age, for work disability, for unemployment and in other cases as provided by law. article 110 the state shall protect and support marriage – a union between a man and a woman, the family, the rights of parents and rights of the child. the state shall provide special support to disabled children, children left without parental care or who have suffered from violence. article 111 the state shall protect human health and guarantee a basic level of medical assistance for everyone. article 112 everyone has the right to education. the state shall ensure that everyone may acquire primary and secondary education without charge. primary education shall be compulsory. article 113 the state shall recognise the freedom of scientific research, artistic and other creative activity, and shall protect copyright and patent rights. article 114 persons belonging to ethnic minorities have the right to preserve and develop their language and their ethnic and cultural identity. article 115 the state shall protect the right of everyone to live in a benevolent environment by providing information about environmental conditions and by promoting the preservation and improvement of the environment. article 116 the rights of persons set out in articles ninety-six, ninety-seven, ninety-eight, one hundred, one hundred and two, one hundred and three, one hundred and six, and one hundred and eight of the constitution may be subject to restrictions in circumstances provided for by law in order to protect the rights of other people, the democratic structure of the state, and public safety, welfare and morals. on the basis of the conditions set forth in this article, restrictions may also be imposed on the expression of religious beliefs. preamble we, talal the first, king of the hashemite kingdom of jordan, in accordance with article 25 of the constitution, and in pursuance of the decision of the senate and the house of representatives, hereby approve the following amended constitution and decree its promulgation. chapter 1. the state and its ruling regime article 1 the hashemite kingdom of jordan is an independent sovereign arab state. it is indivisible and no part of it may be ceded. the jordanian people is a part of the arab nation, and its ruling regime is parliamentary with a hereditary monarchy. article 2 islam is the religion of the state and arabic is its official language. article 3 the city of amman is the capital of the kingdom, and it may be transferred to another place by a special law. article 4. the jordanian flag shall be of the following form and measurements: its length shall be twice its width. it shall be divided horizontally into three parallel equal stripes, the uppermost of which shall be black; the center, white; and the lowest, green. at the end of the flag-staff, it shall have a red triangle, the base of which shall be equal to its width, and its height shall be equal to half of its length. in this triangle there shall be a white seven-pointed star of such an area that may absorbed in a circle the diameter of which shall be one-fourteenth of its length; and shall be so placed that its middle shall be at the intersection of the lines bisecting the angles of the triangle, and the axis running through one of its points shall be parallel to the base of the triangle. chapter 2. rights and duties of jordanians article 5 jordanian nationality shall be defined by law. article 6 1. jordanians shall be equal before the law with no discrimination between them in rights and duties even if they differ in race, language or religion. the defence of the country, its territory, the unity of its people and the preservation of social peace are sacred duty of every jordanian. the state shall ensure work and education within the limits of its possibilities, and shall ensure tranquility and equal opportunities to all jordanians. the family is the basis of society the core of which shall be religion, morals and patriotism; the law shall preserve its legitimate entity and strengthen its ties and values. the law shall protect motherhood, childhood and the old-aged; and shall avail care for the youngsters and those with disabilities and protect them against abuse and exploitation. article 7 personal freedom shall be guaranteed. every infringement on rights and public freedoms or the inviolability of the private life of jordanians is a crime punishable by law. article 8 no person may be seized, detained, imprisoned or the freedom thereof restricted except in accordance with the provisions of the law. every person seized, detained, imprisoned or the freedom thereof restricted should be treated in a manner that preserves human dignity; may not be tortured, in any manner, bodily or morally harmed; and may not be detained in other than the places permitted by laws; and every statement uttered by any person under any torture, harm or threat shall not be regarded. article 9 no jordanian may be deported from the territory of the kingdom. no jordanian may be prohibited from residing at any place; be prevented from movement; or be compelled to reside in a specified place, except in the circumstances prescribed by law. article 10 dwelling houses shall be inviolable and may not be entered except in the circumstances prescribed by law, and in the manner provided for therein. article 11 no property of any person shall be expropriated except for public utility and in consideration of a just compensation as shall be prescribed by law. article 12 compulsory loans shall not be imposed and property, movable or immovable, shall not be confiscated except in accordance with the law. article 13 compulsory labour shall not be imposed on any person, but pursuant to law, work or service may be imposed on any person: in a state of necessity, such as the state of war, the occurrence of a public danger, fire, flood, famine, earthquake, severe epidemic among humans or animals; or diseases of animals, insects, plants or any other similar disease, or in any other circumstances which might endanger the safety of the population, in whole or in part. as a result of the conviction thereof by a court, provided that the work or service is performed under the supervision of an official authority; and provided that the convicted person shall not be hired to any persons, companies, societies or any public body, or be placed at their disposal. article 14 the state shall safeguard the free exercise of the rites of religions and creeds in accordance with the customs observed in the kingdom, if such is not inconsistent with public order or morality. article 15 the state shall guarantee freedom of opinion; and every jordanian shall freely express his opinion by speech, writing, photography and the other means of expression, provided that he does not go beyond the limits of the law. the state shall guarantee the freedom of scientific research and literary, technical, cultural and sports excellence provided that such does not violate the provisions of the law or public order and morality. the state shall guarantee the freedom of the press, printing, publication and information media within the limits of the law. newspapers and information media may not be suspended nor the license thereof revoked except by a judicial order in accordance with the provisions of the law. in the event of the declaration of martial law or an emergency, the law may impose a limited censorship on newspapers, publications, books and information and communication media in matters related to public safety and national defence purposes. the law shall regulate the method of control of the resources of newspapers. article 16 1. jordanians shall have the right to hold meetings within the limits of the law. jordanians shall have the right to establish societies, unions and political parties provided their objective is lawful, their methods peaceful, and their by-laws not in violation of the provisions of the constitution. the law shall regulate the manner of the establishment of societies, unions and political parties and the control of their resources. article 17 jordanians shall have the right to address the public authorities on personal matters affecting them, or on what is relative to public affairs in the manner and conditions prescribed by law. article 18 all postal and telegraphic correspondence, telephonic communications, and the other communications means shall be regarded as secret and shall not be subject to censorship, viewing, suspension or confiscation except by a judicial order in accordance with the provisions of the law. article 19 congregations shall have the right to establish and maintain their own schools for the education of their own members provided that they comply with the general provisions of the law and be subject to the government control in their curricula and orientation. article 20 basic education shall be compulsory for jordanians and free of charge in government schools. article 21 1. political refugees shall not be extradited on account of their political principles or their defence of freedom. international agreements and laws shall regulate the extradition of ordinary criminals. article 22 1. every jordanian shall be entitled to hold public offices under the conditions prescribed in law or regulations. appointment to public offices, whether permanent or temporary, in the state and the departments attached thereto and the municipalities shall be on the basis of merits and qualifications. article 23 1. work is the right of all citizens, and the state shall avail it to jordanians by directing and improving the national economy. the state shall protect labour and enact legislation therefor based on the following principles: giving the worker a wage commensurate with the quantity and quality of his work. defining weekly work hours and granting workers weekly and annual paid rest days. specifying special compensation to workers supporting families and in the cases of dismissal, illness, disability and emergencies arising out of work. establishing special conditions for the work of women and juveniles. subjection of factories to health safeguards. free trade union within the limits of the law. chapter 3. powers general provisions article 24 1. the nation is the source of powers. the nation shall exercise its powers in the manner prescribed in this constitution. article 25 the legislative power shall be vested in the parliament and the king. the parliament shall consist of the senate and the house of representatives. article 26 the executive power shall be vested in the king, and he shall exercise it through his ministers in accordance with the provisions of this constitution. article 27 the judicial power shall be independent and exercised by the courts in their different types and levels. all judgments shall be issued in accordance with the law in the name of the king. chapter 4. the executive power part 1. the king and his prerogatives article 28 the throne of the hashemite kingdom of jordan is hereditary to the dynasty of king abdullah bin al-hussein in a direct line through the male heirs pursuant to the following provisions: the royal title shall pass from the holder of the throne to his eldest son, then to the eldest son of that eldest son, and in linear succession in a similar process thereafter. should the eldest son die before the throne devolves upon him, his eldest son shall inherit the throne, even if the deceased has brothers. the king may, however, select one of his brothers as heir apparent. in this event, the title to the throne shall pass to him from the holder of the throne. if the person entitled to the throne does not have a male heir, it shall pass to his eldest brother. if he has no brothers, to the eldest son of his eldest brother. if his eldest brother has no son, to the eldest son of his other brothers according to the seniority in age of the brothers. in the absence of brothers and nephews, the title to the throne shall pass to the uncles and their descendants, in the order prescribed in paragraph (b). should the last king die without an heir in the manner prescribed above, the throne shall devolve upon the person selected by the parliament from amongst the descendants of the founder of the arab renaissance, the late king hussein bin ali. it is a condition for the person who shall ascend the throne to be a moslem, mentally sound, born by a legitimate wife, and of moslem parents. none of the persons who have been excluded from succession by a royal decree on the ground of their unsuitability shall ascend the throne. such exclusion shall not include the descendants of such person. such decree shall be countersigned by the prime minister and four ministers at least, of whom shall be the ministers of interior and of justice. the king attains his majority upon the completion of eighteen lunar years of his age. if the throne devolves upon a person who is below this age, the powers of the king shall be exercised by the regent or the council of regency who shall have been appointed by a royal decree issued by the reigning king. if he dies without making such nomination, the council of ministers shall appoint the regent or the council of regency. should the king become unable to exercise his power on account of his illness, his powers shall be exercised by a viceregent or a council of viceregents. the viceregent or the council of viceregents shall be appointed by a royal decree. when the king is unable to make such appointment, it shall be made by the council of ministers. should the king intend to leave the country, he shall, before his departure and by a royal decree, appoint a viceregent or a council of viceregents to exercise his powers during the period of his absence. the viceregent or council of viceregents shall observe any conditions which may be contained in that decree. if the absence of the king extends to more than four months and the parliament is not in session, it shall be summoned immediately to consider the matter. before the regent or viceregent or the member of the council of regency or of the council of viceregents assumes his office, he shall take the oath prescribed in article (29) of this constitution before the council of ministers. should the regent or viceregent or a member of the council of regency or of the council of viceregents die or become incapable of performing his functions, the council of ministers shall appoint a suitable person to replace him. the age of a regent or viceregent or a member of the council of regency or of the council of viceregents shall not be less than (30) lunar years. however, a male relative of the king who has completed eighteen lunar years of his age may be appointed. if it is impossible for who has the title to the throne to rule due to a mental illness, the council of ministers, on confirmation of that, shall immediately convene the parliament. should that illness be definitely confirmed, the parliament shall decide to terminate his rule, whereupon the title to the throne shall be transferred to the person entitled thereto after him according to the provisions of the constitution. if the house of representatives stands dissolved at that time or if its term had expired and the new house has not been elected, the former house of representatives shall be convened for this purpose. article 29 the king shall upon his succession to the throne take an oath before the parliament, which shall convene under the chairmanship of the speaker of the senate, to uphold the constitution and be loyal to the nation. article 30 the king is the head of the state and is immune from every liability and responsibility. article 31 the king shall ratify the laws, promulgate them and order the enactment of the regulations necessary for their implementation, provided that they shall not contain whatever violates the provisions thereof. article 32 the king is the supreme commander of the land, naval and air forces. article 33 1. the king declares war, makes peace and concludes treaties and agreements. treaties and agreements which entail any expenditures to the treasury of the state or affect the public or private rights of jordanians shall not be valid unless approved by the parliament; and in no case shall the secret terms in a treaty or agreement be contrary to the overt terms. article 34 1. the king issues orders for the holding of elections to the house of representatives in accordance with the provisions of the law. the king convenes the parliament, inaugurates, adjourns, and prorogues it in accordance with the provisions of the constitution. the king may dissolve the house of representatives. the king may dissolve the senate or relieve one of its members of the membership. article 35 the king appoints the prime minister, dismisses him and accepts his resignation, and appoints the ministers, dismisses them and accepts their resignation upon the recommendation of the prime minister. article 36 the king appoints the members of the senate and appoints the speaker of the senate from amongst them and accepts their resignation. article 37 1. the king creates, confers and withdraws civil and military ranks, medals and the other honorific titles. he may delegate this authority to another person by a special law. currency shall be minted in the name of the king in implementation of the law. article 38 the king has the right to the special pardon and to remit the sentence, but the general pardon shall be determined by a special law. article 39 no death sentence shall be executed except after ratification by the king, and every such sentence shall be placed before him by the council of ministers accompanied by its opinion thereon. article 40 subject to the provisions of paragraph (2) of this article: the king shall exercise his powers by a royal decree, and the royal decree shall be signed by the prime minister and the minister or ministers concerned. the king shall express his concurrence by placing his signature above the said signatures. the king shall exercise his powers without a royal decree signed by the prime minister and the minister or ministers concerned in the following cases: choosing the crown prince. appointing a viceroy. appointing the speaker of the senate and its members, dissolving the senate, and accepting the resignation of any of its members or relieving members of their membership. appointing the chair of the judicial council and accepting his resignation. appointing the chair of the constitutional court and its members and accepting their resignations. appointing the commander of the army, the director of intelligence, and director of the gendarmerie and terminating their services. part 2. ministers article 41 the council of ministers shall consist of the prime minister, as head, and of a number of ministers pursuant to the need and public interest. article 42 no person shall hold the position of minister and the like except a jordanian. article 43 the prime minister and ministers shall, before assuming their functions, take the following oath before the king: "i swear by almighty god to be loyal to the king, uphold the constitution, serve the nation and conscientiously perform the duties entrusted to me". article 44 the minister may not purchase or lease any government property even if this is in public auction. he may not, during his ministerial office, be a member of the board of directors of any company, take part in any commercial or financial business or receive a salary from any company. article 45 1. the council of ministers shall undertake the responsibility of administering all affairs of the state, internal and external, with the exception of those affairs that were or may be entrusted in accordance with this constitution or any law to any other person or body. the authorities of the prime minister, the ministers and the council of ministers shall be defined by regulations established by the council of ministers and ratified by the king. article 46 the minister may be entrusted with the functions of one or more ministries, as stated in the decree of appointment. article 47 1. the minister shall be responsible for the administering of all the affairs pertaining to his ministry and shall refer to the prime minister any matter not falling within his competence. the prime minister shall take actions within his powers and competence and shall refer the other matters to the council of ministers for taking the necessary decisions in their regards. article 48. the prime minister and ministers shall sign the decisions of the council of ministers, and these decisions shall be submitted to the king for their ratification in the cases required under this constitution or any law or regulation enacted thereunder. these decisions shall be implemented by the prime minister and ministers, each within his competence. article 49 the verbal or written orders of the king shall not release the ministers from their responsibility. article 50 in the event of the resignation or dismissal of the prime minister, all ministers shall be considered as having necessarily resigned. in the event of the death of the prime minister the cabinet continues, headed by the deputy prime minister or the most senior minister, as needed, until the formation of a new cabinet. article 51. the prime minister and ministers shall be jointly responsible before the house of representatives for the public policy of the state; and each minister shall as well be responsible before the house of representatives for the functions of his ministry. article 52 the prime minister or the minister who is a member of either the senate or the house of representatives shall be entitled to vote in his house and to speak in both houses. however, the ministers who are not of the members of either house may speak in both of them without having the right to vote. the ministers or their deputies shall have the right of priority to the other members to address both houses. the minister who receives the ministry salary shall not receive, at the same time, the allocations of the membership in either house. article 53 1. the session for the vote of no confidence in the council of ministers or in any minister shall be held either at the request of the prime minister or at a request signed by a number of not less than ten members of the house of representatives. the vote of no confidence shall be postponed for one time the period of which shall not exceed ten days if such is requested by the minister concerned or by the council of ministers. the house shall not be dissolved during this period. every formed council of ministers shall place its ministerial statement to the house of representatives within one month of the date of its formation if the house is in session and request the vote of confidence on that statement. if the house of representatives is not in session, it shall be called to convene in an extraordinary session; and the council of ministers shall place its ministerial statement and request the vote of confidence on that statement within one month from the date of its formation. if the house of representatives stands dissolved, the council of ministers shall place its ministerial statement and request the vote of confidence on that statement within a month from the date of the convening of the new house. for the purposes of paragraphs (3), (4), and (5) of this article, the council of ministers shall obtain the vote of confidence if the absolute majority of the members of the house of representatives votes favorably for it. article 54 1. the motion of no confidence in the council of ministers or in one of the ministers may be raised before the house of representatives. if the house decides a vote of no confidence in the council of ministers by the absolute majority of the total number of its members, it should resign. if the decision of the vote of no confidence concerns one of the ministers, he should resign his office. article 55 ministers shall be tried for crimes attributed to them resulting from the performance of their functions before the competent civil courts in the capital, in accordance with the provisions of the law. article 56 the house of representatives shall have the right to refer the ministers to the attorney general along with stating the justifying reasons. the decision of referral shall not be issued except by the majority of the members of whom the house of representatives is composed. article 57 the minister who shall be accused by the attorney general upon the issuance of the decision of referral by the house of representatives shall be suspended from office; his resignation shall not prevent the institution of proceedings against him nor the continuation of his trial. chapter 5. constitutional court article 58 1. a constitutional court shall be established by a law the headquarters of which shall be in the capital; shall be considered as an independent and separate judicial body; and shall be composed of nine members at least inclusive of the president, to be appointed by the king. the term of membership in the constitutional court shall be six years non-renewable. article 59 the constitutional court shall have the competence of oversight on the constitutionality of the applicable laws and regulations and its judgments shall be issued in the name of the king; its judgments shall be final and binding on all authorities and on all; its judgments shall as well be effective immediately unless the judgment specifies another date for its effectiveness; the judgments of the constitutional court shall be published in the official gazette within fifteen days of the date of their issuance. the constitutional court shall have the right to interpret the provisions of the constitution if such is requested therefrom by a decision issued by the council of ministers or by a decision taken by either house of the parliament by majority; its decision shall be effective after its publication in the official gazette. article 60 1. the following entities for limitation shall the right to directly challenge at the constitutional court the constitutionality of the applicable laws and regulations: the senate. the house of representatives. the council of ministers. in the case viewed by courts, any of the parties of the case may raise the issue of the non-constitutionality; the court shall if it finds that the plea is serious refer it to the court specified by the law for the purposes of the determination of its referral to the constitutional court. article 61 a member of the constitutional court shall meet the following conditions: to be jordanian and does not hold the nationality of another state. to have reached fifty years of age. to be of those who served as judges in the court of cassation and the high court of justice, or of the professors of law in universities who hold the rank of professor ; or of the lawyers who spent a period of not less than fifteen years in the practice of law; and of the specialists to whom the conditions of membership in the senate apply. the president and members of the constitutional court shall prior to assuming their functions take before the king an oath the text of which is: "i swear by almighty god to be loyal to the king and the country, to uphold the constitution, to serve the nation, and to honestly perform the duties entrusted to me". the law shall specify the work method of the court; its administration; the manner of appeal before it; and all the affairs related thereto and to its procedures, judgments and decisions; it shall assume its functions after the law related thereto comes into effect; the law shall indicate the rights of its members and their immunity. chapter 6. the legislative power the parliament article 62 the parliament shall consist of two houses: the senate and the house of representatives. part 1. the senate article 63 the senate, including the speaker, shall consist of a number not exceeding one-half of the number of the house of representatives. article 64 in addition to the conditions prescribed in article (75) of this constitution, a member of the senate must have completed forty calendar years of his age and be one of the following classes: present and former prime ministers and ministers; persons who had previously held the offices of ambassadors, ministers plenipotentiary, speakers of the house of representatives, presidents and judges of the court of cassation and of the civil and sharia courts of appeal; retired military officers of the rank of lt. general and above; former representatives who were elected at least twice as representatives; and the other similar personalities who enjoy the confidence of the people in view of their work and services to the nation and the country. article 65 the term of membership in the senate shall be four years; the appointment of members shall be renewed every four years; and those of them whose term expired may be reappointed. the term of office of the speaker of the senate shall be two years and he may be reappointed. article 66 1. the senate shall meet simultaneously with the house of representatives and the sessions shall be the same for both houses. if the house of representatives is dissolved, the sessions of the senate shall be suspended. part 2. the house of representatives article 67 1. the house of representatives shall be composed of members elected by general, secret and direct election in accordance with an election law which shall ensure the following matters and principles : the right of candidates to observe the electoral process. the punishment of those adversely influencing the voters' will. the integrity of the electoral process in all of its stages. a law shall establish an independent body to manage the parliamentary and municipal elections, as well as any other general elections, in accordance with the provisions of the law. the council of ministers may assign the independent body to manage or supervise any other elections at the request of the entity authorized by law to conduct such elections. article 68 1. the term of the house of representatives shall be four calendar years commencing from the date of the announcement of the results of the general election in the official gazette. the king may, by a royal decree, prolong the term of the house for a period of not less than one year and not more than two years. the election should take place during the four months preceding the end of the term of the house. if the election has not taken place by the end of the term of the house or if delayed for any reason, the house shall remain in office until the election of the new house. article 69 1. the house of representatives shall at the beginning of every ordinary session elect its speaker for a period of two calendar years, and he may be re-elected. if the house meets in a non-ordinary session and has no speaker, the house shall elect a speaker for a term which shall terminate at the beginning of the ordinary session. article 70 in addition to the conditions prescribed in article (75) of this constitution, a member of the house of representatives must have completed thirty calendar years of his age. article 71 1. the judiciary shall have the competence to determine the validity of the election of the members of the house of representatives. every voter from the constituency shall have the right to file a petition to the court of appeal which has jurisdiction over the constituency of the representative the validity of whose election is contested from his constituency within fifteen days from the date of the publication of the elections results in the official gazette indicating therein the reasons of his petition; its decisions shall be final and not subject to any way of challenge; its judgments shall be issued within thirty days from the date of the registration of the petition thereat. the court shall resolve either to reject the petition or to accept it in terms of subject; in which case it shall announce the name of the successful representative. the house of representatives shall announce the invalidity of the membership of the representative who the court invalidated his membership and the name of the successful representative effective from the date of the issuance of the judgment. the actions taken by the member whose membership was invalidated by the court prior to its invalidation shall be deemed correct. should it be evident to the court as a result of its consideration of the petition filed thereto that the election procedures in the constituency to which the petition relates are not consistent with the provisions of the law, it shall issue its decision for the invalidation of the election in that constituency. article 72 any member of the house of representatives may resign his seat by addressing the speaker of the house in writing, and the speaker shall place the resignation before the house to decide to accept it or reject it. article 73 1. if the house of representatives is dissolved, a general election should be held so that the new house shall convene in a non-ordinary session not later than a maximum of four months after the date of dissolution. such session shall be deemed as the ordinary session in accordance with the provisions of article (78) of this constitution and shall be subject to the conditions of prolongation and adjournment. if the election has not taken place by the end of the four months, the dissolved house shall restore its full constitutional power and convene immediately as if the dissolution had not taken place and shall remain in office until the new house is elected. such non-ordinary session shall not in any case continue after (30) september and shall be prorogued on that date in order for the house to be able to hold its first ordinary session on the first of the month of october. if the non-ordinary session happens to be held in the months of october and november, it shall then be considered as the first ordinary session of the house of representatives. article 74 1. if the house of representatives is dissolved for any reason, the new house may not be dissolved for the same reason. the government in the tenure of which the house of representatives is dissolved shall resign within a week from the date of dissolution; and its head may not be designated to form the government that follows. the minister who intends to nominate himself for elections shall resign sixty days at least prior to the election date. part 3. provisions governing both houses article 75. no person shall be a member of the senate and the house of representatives: who is not a jordanian. who was adjudged bankrupt and has not been legally discharged. who was interdicted and the interdiction has not been removed. who was sentenced to imprisonment for a period exceeding one year for a non-political crime and has not been pardoned. who is insane or imbecile. who is of the relatives of the king in the degree of consanguinity to be prescribed by a special law. every member of the senate and the house of representatives during the term of his membership shall refrain from contracting with the government; public official corporations; the companies owned or dominated by the government; or any public official corporation whether this contracting is in a direct or indirect way with the exception of contracts of lease of land and property and who is a shareholder in a company the members of which exceed ten persons. if any of the cases of disqualification provided for in paragraph (1) of this article takes place as regards any of the members of the senate and the house of representatives during his membership or appears after his election, or violates the provisions of paragraph (2) of this article, his membership shall necessarily be non-existent and his seat shall become vacant, provided that the decision if issued by senate shall be submitted to his majesty the king for ratification. article 76 subject to the provisions of article (52) of this constitution, combination may not take place between the membership of the senate or the house of representatives and public offices. public offices mean every office whose holder receives his salary from public funds; this includes municipal departments. no combination may as well take place between the membership of the senate and the house of representatives. article 77 subject to the provision in this constitution relating to the dissolution of the house of representatives, the parliament shall hold one ordinary session during each year of its term. article 78 1. the king shall summon the parliament to convene in its ordinary session on the first day of the month of october of each year, and if the said day is an official holiday, on the first following day which is not an official holiday; however the king may, by a royal decree published in the official gazette, postpone the meeting of the parliament to a date to be fixed in the royal decree, provided that the period of postponement shall not exceed two months. if the parliament is not summoned to convene in accordance with the preceding paragraph, it shall meet of its own motion as if it was summoned pursuant thereto. the ordinary session of the parliament shall begin on the date upon which it is summoned to meet in accordance with the two preceding paragraphs, and this ordinary session shall last for six months, unless the king dissolves the house of representatives before the expiration of that period. the king may prolong the ordinary session for another period not exceeding three months for the completion of pending matters. at the expiration of the first six months or any prolongation thereof, the king shall prorogue the said session. article 79 the king shall inaugurate the ordinary session of the parliament by delivering the speech from the throne in the joint meeting of both houses. he may deputize the prime minister or one of the ministers to perform the inauguration ceremony and deliver the speech from the throne. each of the two houses shall submit a petition in which it shall include its reply thereto. article 80 every member of the senate and the house of representatives shall, before starting his work, take an oath before his house in the following provision: "i swear by almighty god to be loyal to the king and to the country, uphold the constitution, serve the nation, and duly perform the duties entrusted to me." article 81 1. the king may, by a royal decree, adjourn the sessions of the parliament for only three times; and for two times only if the meeting of the parliament was postponed under paragraph (1) of article (78), provided that during any one ordinary session the periods of adjournments may not exceed two months, including the period of postponement. the periods of such adjournments shall not be taken into account in computing the term of the session. each of the senate and the house of representatives, may adjourn its sessions from time to time in conformity with its by-laws. article 82 1. the king may whenever necessary summon the parliament to meet in extraordinary sessions for an unspecified period for every session for the purpose of deciding certain matters to be specified in the royal decree when the summons are issued. the extraordinary session shall be prorogued by a decree. the king shall summon the parliament to meet in extraordinary sessions as well when requested by the absolute majority of the house of representatives by a petition signed thereby indicating the matters desired to be discussed. the parliament may not discuss in any extraordinary session except the matters specified in the royal decree by virtue of which the session is convened. article 83 each of the two houses shall make its by-laws for the control and organisation of its proceedings; and such by-laws shall be submitted to the king for ratification. article 84 1. no meeting of either of the two houses shall be considered duly constituted unless attended by the absolute majority of the members of the house, and shall continue to be duly constituted as long as this majority is present therein. resolutions of each of the two houses shall be issued by the majority of votes of the members present, excluding the speaker, unless this constitution provides otherwise. in the case of a tie vote, the speaker should give the vote of preponderance. if the voting is related to the constitution or to a motion of no confidence in the council of ministers or in one of the ministers, the votes should be given by calling the members in their names and in a loud voice. article 85. the sittings of each of the two houses shall be open. secret meetings may, however, be convened at the request of the government or the request of five of the members. the house shall then decide to accept or reject the said request. article 86 1. no member of the senate and the house of representatives shall be detained or tried during the currency of the sitting of the parliament unless the house to which he belongs issues a decision by the absolute majority that there is sufficient reason for his detention or trial or unless he was arrested flagrant delicto. in the event of his arrest in this manner, the house should be notified immediately. if a member is detained for any reason during the period the parliament is not sitting, the prime minister shall notify the house to which that member belongs when it sits of the proceedings taken, coupled with the necessary explanation. article 87. every member of the senate and the house of representatives shall have complete freedom of speech and expression of opinion within the limits of the by-laws of the house to which he belongs; and the member may not be answerable because of any voting or opinion he expresses or speech he makes during the sittings of the house. article 88 if the seat of a member of the senate and the house of representatives becomes vacant by death, resignation or any other reasons with the exception of whoever a judicial decision was issued in his regards invalidating his membership, the relevant house shall notify the government or the independent election commission if he is a representative within thirty days from the vacancy of the seat of the member; and his seat shall be filled by appointment if he is a senator or in accordance with the provisions of the election law if he is a representative within a period of two months from the date of the notification by the house of the vacancy of the seat; and the membership of the new member shall last to the end of the term of the house. article 89 1. in addition to the circumstances in which the senate and the house of representatives hold meetings pursuant to articles (29), (34), (79) and (92) of this constitution, they shall jointly meet at the request of the prime minister. when the two houses jointly meet, the meeting shall be presided over by the speaker of the senate. the joint meetings of the two houses shall not be considered properly constituted unless the absolute majority of the members of each of the two houses is present. decisions shall be issued by the majority of the votes of those present, exclusive of the speaker who, in case of a tie vote, shall give the vote of preponderance. article 90 no one may be terminated from the membership of either the senate and the house of representatives except by a resolution issued by the house to which he belongs; provided that, in other than the cases of non-combination and of disqualification prescribed in this constitution and in the elections law, the resolution of termination shall be issued by a two-thirds majority of the members composing the house. if the termination concerns a member of the senate, the resolution of the house shall be submitted to the king for ratification. article 91 the prime minister shall refer the draft of every law to the house of representatives which shall have the right to accept, amend, or reject the draft; in all cases the draft shall be referred to the senate. no law may be promulgated unless passed by both houses and ratified by the king. article 92. if either house twice rejects the draft of any law and the other house accepts it, amended or not amended, both houses shall meet in a joint sitting presided over by the speaker of the senate to discuss the articles in dispute. acceptance of the draft shall be conditional upon the issuance of the resolution of the joint house by a two-thirds majority of the members present. when the draft is rejected in the manner described above, it shall not be placed again before the house in the same session. article 93 1. every draft law passed by the senate and the house of representatives shall be submitted to the king for its ratification. the law shall come into force at its promulgation by the king and the lapse of thirty days from of its publication in the official gazette unless there is a special provision in the law that it shall come into force from another date. if the king contends not to ratify the law, he may, within six months from the date of its submission to him, return it to the house coupled with a statement of the reasons for the non-ratification. if the draft of any law (other than the constitution) is returned within the period specified in the previous paragraph and is passed by the senate and the house of representatives for a second time by the approval of two-thirds of the members of whom each of the two houses is composed, it should then be promulgated. if the law is not returned ratified within the period prescribed in the third paragraph of this article, it shall be considered as effective and ratified. if it doesn't obtain the two-thirds majority, it may not be reconsidered during that session; however, the parliament can reconsider the said draft in the next ordinary session. article 94 when the house of representatives is dissolved, the council of ministers with the approval of the king shall have the right to issue provisional laws to cover the following matters: general disasters. the state of war and emergencies. the need for necessary and urgent expenditures which cannot be postponed. the provisional laws which should not violate the provisions of the constitution shall have the force of law, provided they are placed before the parliament in the first sitting it holds. the parliament shall take decisions in their regards during two consecutive ordinary sessions from the date of their referral. it may approve, amend or reject such laws. if it rejects them or the period provided for in this paragraph elapses without decisions, the council of ministers should with the approval of the king declare their nullity immediately; and from the date of such declaration the force of law they had shall cease provided that this shall not affect contracts or acquired rights. provisional laws shall come into effect in the manner laws come into effect by virtue of the provision of article (93) of this constitution. article 95 1. ten or more members of either the senate and the house of representatives may propose laws. every proposal shall be referred to the concerned committee in the house for opinion. if the house contends to accept the proposal, it shall refer it to the government for putting it in the form of draft law, and to submit it to the house in the same session or in the session that follows. every law proposal submitted by the members of either the senate and the house of representatives in accordance with the preceding paragraph and rejected by the house may not be presented in the same session. article 96. every member of the senate and the house of representatives may address questions and interpellations to the ministers concerning any of the public matters, in accordance with what is provided for in the by-laws of the house to which that member belongs. no interpellation shall be debated before the lapse of eight days from its receipt by the minister, unless the case is urgent and the minister agrees to shorten said period. chapter 7. the judicial power article 97 judges are independent, and they are not subject to any authority, in their jurisdiction, other than that of the law. article 98 1. judges of the civil and sharia courts shall be appointed and dismissed by a royal decree in accordance with the provisions of the laws. a judicial council shall by a law be established to assume all the affairs relevant to civil judges. without prejudice to paragraph (1) of this article, the judicial council shall solely have the right to appoint civil judges in accordance with the provisions of the law. article 99 the courts are of three types: civil courts religious courts special courts article 100 the types of all courts, their levels, divisions, jurisdictions and the manner of their administration shall be specified by a special law, provided that such law shall provide for the establishment of an administrative jurisdiction in two levels. article 101 1. the courts shall be open to all and shall be immune from interference in their affairs. no civilian may be tried in a criminal case where all its judges are not civilian, the exception to that are the crimes of treason, espionage, terrorism, the crimes of drugs and currency forgery. court sittings shall be public unless the court decides that they be in camera in consideration of public order or in preservation of morals. in all cases, the pronouncement of the verdict shall be in a public sitting. the accused is innocent until proven guilty by a final verdict. article 102. civil courts in the hashemite kingdom of jordan shall have the right to exercise jurisdiction over all persons in all civil and criminal matters, including cases filed by the government or filed against it, with exception of the matters in respect of which jurisdiction is vested in religious courts or special courts in accordance with the provisions of this constitution or any other legislation in force. article 103 1. civil courts shall exercise their competences in respect of civil and criminal jurisprudence in accordance with the provisions of the laws in force in the kingdom; however, in matters of personal status of foreigners or in civil and commercial matters which it is habitual in international tradition to apply the law of other countries in their regard, such law shall be applied in the manner provided for by the law. matters of personal status are the matters specified by law and in accordance therewith fall within the sole jurisdiction of the sharia courts when the parties are moslems. article 104. religious courts shall be divided into: the sharia courts the tribunals of other religious communities article 105. the sharia courts alone shall have the jurisdiction in accordance with their own laws in the following matters: matters of personal status of moslems. cases of blood money (diya) if the two parties are both moslems or one of the parties is not a moslem and the two parties consent to that the right of jurisdiction be for the sharia courts. matters pertaining to islamic (waqfs). article 106. sharia courts shall in their jurisdiction apply the provisions of the sharia. article 107 the manner of organisation of the affairs of the islamic (waqfs) and the administration of their financial and other matters, shall be specified by a special law. article 108 the tribunals of religious communities are the tribunals of the non-moslem religious communities that have been or will be recognised by the government as established in the hashemite kingdom of jordan. article 109 1. the tribunals of religious communities shall be composed in conformity with the provisions of laws issued pertaining thereto. in such laws the jurisdictions of said tribunals shall be defined as regards matters of personal status and (waqfs) constituted for the benefit of the community concerned. however, matters of personal status of such community shall be the matters of personal status of moslems within the jurisdiction of the sharia courts. the tribunals of religious communities shall apply the procedures and provisions related to the matters of personal status which are not considered matters of personal status of moslems within the jurisdiction of the sharia courts; provided that the legislations of such tribunals shall organize the conditions of the appointment of their judges and the procedures of trials before them. article 110. special courts shall exercise their jurisdiction in accordance with the provisions of the laws relevant thereto. chapter 8. financial matters article 111 no tax or duty shall be imposed except by law; and they shall not include the kinds of fees which the treasury charges for the services rendered by government departments to individuals or in consideration of benefits accruing to them from the state domain. in imposing taxes, the government shall apply the principle of progressive taxation, along with the attainment of equality and social justice; and provided that such shall not exceed the capacity of tax-payers and the state's need for funds. article 112 1. the general budget draft law and the governmental units budgets draft law shall be submitted to the parliament at least one month before the beginning of the fiscal year for their consideration in accordance with the provisions of the constitution. the same provisions related to the budget in this constitution shall apply to them. the government shall submit the final accounts by the end of six months from the end of the previous fiscal year. voting on the general budget shall take place chapter by chapter. no sum in the expenditure section of the general budget may be transferred from one chapter to another except by a law. the parliament, when debating the general budget draft law or the provisional laws relating thereto, may reduce the expenditures in the chapters in accordance with what it considers to be consistent with the public interest; it may not increase those expenditures neither by amendment nor by the proposal submitted separately. however, it may, after the close of the debate, propose laws for the creation of new expenditures. during the debate of the general budget, no proposal shall be accepted which is submitted for the abrogation of an existing tax or the imposition of a new tax or the amendment, by increase or decrease, of established taxes which affects what is prescribed by the financial laws in force; and no proposal shall be accepted for amending expenditures or revenues fixed by contracts. the state's revenues and expenditures estimated for each fiscal year shall be approved by the general budget law; however, the said law may provide for the allocation of specified sums for more than one year. article 113 if it is not possible to enact the general budget law prior to the beginning of the new fiscal year, expenditure shall continue by monthly appropriations at the rate of 1/12 for each month of the previous year's budget. article 114 the council of ministers may, with the approval of the king, establish regulations for the control of the appropriation and expenditure of the public funds and the organisation of government stores. article 115 all receipts from taxes and other state's revenues should be paid into the treasury and shall be included in the state budget unless otherwise provided by law. no part of the funds of the treasury shall be appropriated and expended for any purpose whatsoever except by a law. article 116 the civil list of the king shall be paid from the general revenue and shall be specified in the general budget law. article 117 every concession given for granting any right related to the exploitation of mines, minerals or public utilities should be sanctioned by a law. article 118 no person shall be exempt from the payment of taxes and duties in other than the circumstances prescribed by the law. article 119 an audit bureau shall be set up by a law for controlling the state's revenue, expenses and the ways of their expenditure: the audit bureau shall submit to the senate and the house of representatives a general report containing the irregularities committed, the liability resultant therefrom, its opinions and comments at the beginning of every ordinary session and whenever either house requests it to do so. the law shall provide for the immunity of the head of the audit bureau. chapter 9. general provisions article 120 the administrative divisions of the hashemite kingdom of jordan, the structures of government departments, their grades, designations, method of administration, and the manner of the appointment of civil servants, their dismissal, their supervision and the limits of their authorities and competences shall be specified by regulations issued by the council of ministers with the approval of the king. article 121 municipal affairs and local councils shall be administered by municipal or local councils in accordance with special laws. article 122 1. a high tribunal shall be composed of the speaker of the senate, as president, and of eight members: three of whom shall be appointed by the senate from its members by ballot, and five from the judges of the highest civil court in the order of seniority; and when necessary, the number shall be completed from the presidents of the courts that follow it in the order of seniority as well. the high tribunal shall have the right to interpret the provisions of the constitution if it is so requested by a decision issued by the council of ministers or by decision taken by either house of parliament by absolute majority; and shall be effective after its publication in the official gazette. this article shall be considered as necessarily null and void once the constitutional court law is put into effect. article 123 1. the special tribunal (diwan ) shall have the right to interpret the provision of any law which has not been interpreted by the courts if it is so requested by the prime minister. the special tribunal shall be composed of the president of the highest civil court as president, and the membership of two of its judges and one of the senior administration officials to be appointed by the council of ministers, to whom shall be added a member from among the senior officials of the ministry related to the requested interpretation to be delegated by the minister. the special tribunal shall issue its decisions by majority. the decisions issued by the special tribunal and published in the official gazette shall have the force of law. all other matters related to the interpretation of laws shall be decided by courts as they arise in the usual manner. article 124. in the event of what necessitates the defence of the country in the case of emergencies, a law in the name of the defence law shall be enacted by virtue of which power shall be given to the person specified by the law to take the necessary actions and measures including the power of the suspension of the ordinary laws of the state to ensure the defence of the country. the defence law shall come into force when this is declared by a royal decree to be issued on the basis of a decision by the council of ministers. article 125 1. in the event of dangerous emergencies where the actions and measures under the preceding article of this constitution are considered insufficient for the defence of the kingdom, the king, based on the decision of the council of ministers, may by a royal decree declare martial law in the whole of the kingdom or any part thereof. when martial law is declared, the king may by a royal decree issue any instructions as may be necessary for the purposes of the defence of the kingdom, notwithstanding the provisions of any law in force. all persons charged with the implementation of such instructions shall remain to be subject to the legal liability resultant from their acts under the provisions of the laws until they are relieved of such liability by a special law to be enacted for this purpose. article 126 1. the procedures prescribed in this constitution with regard to draft laws shall apply to any draft for the amendment of this constitution; it is conditional for the approval of the amendment to be passed by the two-thirds majority of the members of each of the senate and the house of representatives. in the event of the meeting of the two houses in accordance with article (92) of this constitution, it is conditional for the approval of the amendment to be passed by the two-thirds majority of the members of whom each house is composed. in both cases, it shall not be considered effective unless ratified by the king. no amendment may be made to the constitution during the period of regency as regards the rights of the king and his succession. article 127 the mission of the military shall be restricted to the safety and defense of the homeland. a law shall define the rules of the military, the intelligence services, the police and the gendarmerie, as well as the rights and duties of their members. the king appoints the commander of the army and the director of intelligence and the director of the gendarmerie and accepts their resignations. chapter 10. enforcement of laws and repeals article 128 1. the laws issued in accordance with this constitution for the regulation of rights and freedoms may not influence the essence of such rights or affect their fundamentals. all laws, regulations and other legislative acts in force in the hashemite kingdom of jordan when this constitution comes into force shall remain in force until they are repealed or amended by a legislation issued thereunder within a maximum period of three years. article 129 1. the jordanian constitution issued on 7 december 1946 together with the amendments thereto are hereby repealed. the palestine order-in-council for the year 1922 and the amendments thereto are hereby repealed. the repeal provided for in the preceding two paragraphs shall not affect the validity of any law or regulation issued thereunder or any act done by virtue thereof prior to the coming into force of the provisions of this constitution. article 130. the provisions of this constitution shall come into force from the date of its publication in the official gazette. article 131 the council of ministers shall be charged with the execution of the provisions of this constitution preamble in the name of god the compassionate, the merciful we, abdallah al salem al sabah, amir of the state of kuwait, desirous of fulfilling all of the exigencies of democratic rule in our beloved homeland; confident in the role this nation can play in the wake of arab nationalism, of service to world peace and of civilization; striving towards a better future in which the nation may enjoy an abundance of comfort and a higher international standing, a future which shall provide citizens with ample political freedom, equality and social justice as well, which shall brace the props of those traits in which the arab spirit is kneaded such as pride in the dignity of the individual, jealous watch over the commune bonum, counsel in rule and safeguard of the homeland's unity and stability; after perusal of ordinance no. 1/1962 regarding the organic system of rule during the transitional period; and in accordance with the decision of the constituent assembly: hereby sanction and promulgate this constitution. part i. the state and the system of government article 1 kuwait is an arab, independent, fully sovereign state. there shall be no surrender of its sovereignty nor cession of any part of its territories. the people of kuwait are part of the arab nation. article 2 the religion of the state is islam and islamic law shall be a main source of legislation. article 3 arabic is the official language of the state. article 4 kuwait is a hereditary amirate held in succession in the descendants of the mubarak al sabah. the heir apparent shall be appointed within a period not exceeding one year from the date of the amir's investiture, and his appointment shall follow his nomination by the amir and the swearing of fealty to him by a consenting majority of the members composing the national assembly sitting in special session. where the appointment does not proceed as indicated above, the amir shall nominate at least three of the above-mentioned lineage to the heirdom and the assembly shall swear fealty to one of them as heir apparent. to qualify, the heir apparent must have attained the age of majority, must be endowed with reason and must be a legitimate son of muslim parents. all of the provisions governing the succession to the principality shall be set out in a special ordinance to be promulgated within one year from the coming into force of this constitution. this special ordinance shall have force of constitutional law and may not therefore be amended save in the manner prescribed for the amendment of the constitution itself. article 5 the law shall describe the flag of the state, its emblem, its insignia, its decorations and its national anthem. article 6 kuwait's system of government is democratic; sovereignty is vested in the nation as the source of all authority; and the exercise of that sovereignty shall be as set out in this constitution. part ii. the basic foundations of kuwaiti society article 7 justice, freedom and equality are the pillars of society; and cooperation and compassion are the firm link binding all citizens. article 8 the state shall preserve the pillars of society and shall guarantee security, tranquillity and equal opportunity to all citizens. article 9 the family is the foundation of society; its mainstays are religion, morals and the love of country. the law shall preserve its entity, shall strengthen its bonds and shall, under its aegis, protect mothers and infants. article 10 the state shall watch over the youth and shall protect it from exploitation and from moral, corporal and spiritual negligence. article 11 the state shall guarantee assistance to citizens in their old age, in sickness or in disability. it shall also provide them with social insurance services, social help and medical care. article 12 the state shall maintain the islamic and arab heritage and shall share in the path of civilization and humanitarianism. article 13 education is a cornerstone in social advancement. the state shall guarantee and tend it. article 14 the state shall supervise education, literature and the arts, and shall encourage scientific research. article 15 the state shall care for public health through measures of precaution and cure of diseases and epidemics. article 16 ownership, capital and labor are the mainstays of the state's social entity and of national wealth. they all are individual rights with social functions regulated by law. article 17 public property is inviolable and its protection is the duty of every citizen. article 18 private ownership is safeguarded. no person shall be prevented from disposing of his property save within the limits of the law; and no person shall suffer expropriation save for the public benefit in the cases determined and in the manner prescribed by law provided that he be equitably compensated therefor. inheritance is a right governed by islamic law. article 19 general confiscation of property is prohibited; and only by court judgment, in the circumstances described by the law, can private confiscation as a punitive measure be imposed. article 20 national economy is based upon social justice; its mainstay is a balanced cooperation between public and private enterprise; its aims are the realization of economic development, the increase of production, the raising of the standard of living, and the substantiation of the citizens' prosperity, all within the limits of the law. article 21 all of the natural wealth and resources are the property of the state. the state shall preserve and properly exploit those resources, heedful of its own security and national economy requisites. article 22 while keeping to the rules of social justice the law shall, on economic principles, regulate the relations between laborers and employers and the relations between landlords and their tenants. article 23 the state shall encourage cooperation and savings and shall supervise the organization of trusts. article 24 the basis of taxation and of public expenditure shall be the achievement of social justice. article 25 the state shall guarantee the solidarity of society in bearing burdens arising from catastrophes and public calamities and shall guarantee compensation to those sustaining damages by reason of war or in the performance of their military duties. article 26 public functions are a national service entrusted to those holding positions of responsibility and the aim of state functionaries in the performance of their duties shall be the public interest. save in the cases defined by law aliens shall not be entrusted with public functions. part iii. public rights and obligations article 27 kuwaiti nationality shall be determined by law. no relinquishment or withdrawal of nationality shall be permissible save within the limits of the law. article 28 no kuwaiti may be deported from kuwait or prevented from returning to it. article 29 the people are peers in human dignity and have, in the eyes of the law, equal public rights and obligations. there shall be made no differentiation among them because of gender, origin, language or religion. article 30 personal liberty is guaranteed. article 31 no person may be arrested, imprisoned, searched, have his residence restricted or be restrained in liberty of residence or of movement save in conformity with the provisions of the law. no person shall be subjected to torture or to ignominious treatment. article 32 crime and punishment will be regulated by law. criminal punishment shall not be inflicted on the basis of ex post facto laws. article 33 punishment is personal. article 34 the accused is innocent until proved guilty in a court of law which shall guarantee him the necessary sureties to exercise his right of defense. the accused shall not be bodily or mentally injured. article 35 freedom of belief is unrestricted. the state shall protect freedom in the observance of religious rites established by custom, provided such observance does not conflict with morals or disturb public order. article 36 freedom of opinion and scientific research is guaranteed. subject to the conditions and stipulations specified by law, every person shall have the right to express his opinion by speaking or writing or otherwise. article 37 freedom of the press and of publication is guaranteed, subject to the conditions and stipulations prescribed by law. article 38 the home is inviolable; therefore, save in the cases determined by law and in the manner stipulated therein, no person may enter any home without the dweller's permission. article 39 the freedom of postal, telegraphic and telephonic communications is safeguarded and their secrecy is guaranteed. censorship of letters or disclosure of their secrecy shall not be permissible save in such cases as are set out in the law and in conformity with the procedure stipulated therein. article 40 in conformity with the law and with in the limits of public order and morals, education for kuwaitis is a right guaranteed by the state. in compliance with the law, education is compulsory and gratis in its first stages. the law shall lay down the necessary plans to eradicate illiteracy. the state shall take special care of the physical, moral and intellectual development of youth. article 41 every kuwaiti shall have the right to work and to choose the nature of his occupation. work is the duty of every citizen. dignity requires it and the public welfare ordains it. the state shall make work available to citizens and shall see to the equity of its conditions. article 42 no coercive labor shall be imposed on any one save in cases of national emergency determined by law and with equitable compensation. article 43 the liberty of forming societies and unions on a national basis and by peaceful means is guaranteed in conformity with the conditions and the stipulations specified by law; and no person shall be constrained to join any society or union. article 44 individuals have the right to meet without need for permission or prior notification; no member of the security force shall be allowed to attend their private meetings. public assemblies, processions and gatherings are permitted in accordance with the conditions and the stipulations defined by law provided the objects and the means of the gathering be peaceful and not incompatible with morals. article 45 every individual may address public authorities in writing and over his own signature. addressing the authorities in the name of a group shall be permissible only to duly constituted organizations. article 46 extradition of political refugees is prohibited. article 47 defense of the country is a sacred duty; the discharge of military service, an honor for the citizen, shall be regulated by law. article 48 payment of taxes and contribution to public expenditure are a duty in conformity with the law. the law shall exempt small incomes from taxation in order to guarantee a minimum income for living. article 49 the observance of public order and the respect of public morals are an obligation on all inhabitants of kuwait. part iv. the powers chapter i. general provisions article 50 in conformity with the provisions of the constitution the system of government shall be established on the basis of separation and cooperation of powers. no authority shall be allowed to waive all or part of its jurisdiction as prescribed in this constitution. article 51 in conformity with the constitution legislative power shall be vested in the amir and the national assembly. article 52 executive power shall be vested in the amir, the cabinet and the ministers in the manner specified in the constitution. article 53 within the limits of the constitution judicial power shall be vested in the courts in the amir's name. chapter ii. the head of state article 54 the amir is the head of the state. his person is safeguarded and inviolable. article 55 the amir shall exercise his powers by the medium of his ministers. article 56 the amir shall appoint the prime minister after the traditional consultations and shall relieve him from his post. he shall also appoint the ministers and relieve them from their posts on the recommendation of the prime minister. ministers shall be appointed from among members of the national assembly or from other quarters. the entire number of ministers shall not exceed one third the number of the members of the national assembly. article 57 at the commencement of every legislative session of the national assembly the formation of the ministry shall be reconstituted in the manner specified in the preceding article. article 58 the prime minister and the ministers shall be jointly responsible to the amir for the general policy of the state; and every minister shall be answerable for the actions of his ministry. article 59 the amir shall exercise his constitutional functions only in accordance with the special ordinance mentioned in article 4. article 60 at a special session of the national assembly and before taking over his functions the amir shall take the following oath: i swear by god almighty to respect the constitution and the laws of the state, to defend the people's liberties, their interests and their property, and to safeguard the nation's independence and the safety of its territories. article 61 where the amir absents himself from the amirate and it is impossible for the heir apparent to assume his functions, the amir shall by decree appoint a deputy to exercise his functions during his absence. the decree may include a special provision regulating the exercise of such functions or limiting their sphere of action. article 62 the vice-amir shall fulfill the conditions stipulated in article 82 of this constitution. should he be a minister or a member of the national assembly he shall not participate in the functions of the ministry or of the assembly during his period of vice-regency. article 63 at a special session of the national assembly and before assuming his functions the vice-amir shall take the oath prescribed in article 60 to which shall be added the phrase "and to be loyal to the amir." should the assembly not be in session the oath mentioned above shall be taken before the amir. article 64 the provisions embodied in article 131 of this constitution shall be applicable to the vice-amir. article 65 the amir shall have the right to propose laws and the right to sanction and promulgate them. such promulgation shall take place with in thirty days from the date of their submission to him by the national assembly. in case of urgency the period shall be curtailed to seven days; and the determination of the state of urgency shall be by resolution obtained by a majority of the members composing the national assembly. in the promulgation period official holidays shall be deemed dies non. where the period determined for the promulgation of the law lapses without the head of the state requesting its review, such law shall be deemed ratified and shall be promulgated. article 66 the request for review of proposed legislation shall be made by means of a decree setting forth the reasons for the request. where the national assembly readopts the proposed legislation by a two-thirds majority of the members composing the assembly, the amir shall sanction it and promulgate it within thirty days of his notification. where such majority does not obtain, the proposed legislation shall not become effective unless at a subsequent session, the national assembly reaffirms the proposed legislation by a majority of the members constituting the assembly. in such event, the amir shall sanction it and shall promulgate it within thirty days of his notification. article 67 the amir is the commander-in-chief of the armed forces. he shall appoint or dismiss officers in compliance with the law. article 68 the amir shall declare defensive war by decree. aggressive war, however, is prohibited. article 69 the amir shall proclaim martial law in cases of emergency as determined by statute and in accordance with the procedure stipulated therein. martial law shall be proclaimed by decree, and that decree shall be submitted to the national assembly within the fifteen days to decide the course of martial law. where this takes place during the assembly's recess the matter shall be submitted to the new assembly at its first meeting. the continuance of martial law shall be subject to promulgation of a resolution passed by a majority of the members constituting the assembly. in all circumstances the matter must be referred, under the aforementioned conditions, to the national assembly every three months. article 70 the amir shall conclude treaties by decree and shall communicate them immediately, accompanied by relevant details, to the national assembly. after ratification, sanction and publication in the official gazette the treaty shall have force of law. peace treaties and treaties of alliance, treaties pertaining to state domains, to its natural wealth, to sovereignty rights, to citizens' public or private rights, treaties relating to shipping and residence, and treaties involving the state treasury in certain expenditure unprovided for in the budget or involving an amendment to the laws of kuwait, shall require, for their enforcement, an enactment of a law. in no circumstance shall the treaty include any secret proviso conflicting with its disclosed terms. article 71 where incidents requiring urgent action occur between sessions of the national assembly or during its dissolution the amir may, in such cases, promulgate decrees that shall have force of law provided they do not infringe on the constitution or tamper with the estimates appearing in the budgetary law. such decrees shall be submitted to the national assembly within fifteen days of their promulgation should the assembly be in session, and at its first meeting following its dissolution should it have been dissolved, or following its lawful prorogation. where the decrees are not so submitted, their force of law shall ipso facto cease, without necessity for the promulgation of a resolution to that purport, with retroactive effect. should they, however, upon submission, be unratified by the assembly, their force of law shall cease retroactively save where the assembly considered sanctioning their enforcement at the previous session or where it considered settling in another manner any measures resulting therefrom. article 72 the amir shall, by means of decrees, lay down the necessary rules for the enforcement of laws in such manner as to avoid any amendment there to, or suspension thereof, or exemption from their execution. the law may provide instruments of a lower order than the decree for the enactment of the necessary regulations to govern its enforcement. article 73 the amir shall, by means of decrees, lay down control regulations and other necessary rules for the organization of public offices and departments in such manner as to avoid conflict with the laws. article 74 the amir shall appoint civil and military personnel and political representatives to foreign states and shall discharge them in compliance with the law. he shall also receive representatives of foreign states delegated to the country. article 75 the amir may, by decree, grant pardon or attenuate punishment. amnesty, however, may not be granted save by law and only in respect of offenses committed prior to the proposal of a law granting amnesty. article 76 the amir shall award orders of merit in accordance with the law. article 77 currency shall be minted in the amir's name in accordance with the law. article 78 upon his investiture, the yearly allowance of the head of the state for the period of his rule shall be determined by statute. chapter iii. the legislature article 79 no law shall be promulgated save upon ratification by the national assembly and sanction by the amir. article 80 the national assembly shall be composed of fifty members elected by general direct secret ballot in accordance with the provisions of the electoral law. ministers who are not elected to the national assembly shall be considered members of the assembly by virtue of their functions. article 81 election constituencies shall be determined by statute. article 82 a member of the national assembly must: be originally of kuwaiti nationality in accordance with the law; fulfill the voter's qualifications in accordance with the electoral law; have attained at least the age of thirty gregorian calendar years on election day; and have a sound reading and writing knowledge of arabic. article 83 the national assembly's term shall be four gregorian calendar years dating from its first meeting. while complying with the provision of article 107 renewal shall take place in the course of the sixty days preceding the close of that term. members whose tenure of office has been completed may be re-elected. the lawful term may not be extended save for a war contingency and such extension shall be enacted by statute. article 84 where for any reason there occurs a vacancy at the national assembly before the close of its term, a substitute shall be elected in replacement within two months from the date of the assembly's notification of that vacancy. the new member's term shall run to the termination of his predecessor's. where the vacancy occurs during the six months immediately preceding the close of the assembly's lawful term there shall be no election of a member substitute. article 85 the national assembly's annual session shall be of not less than eight months duration and the session shall not be finally adjourned before the passing of the budget. article 86 the assembly shall hold its ordinary session at the amir's invitation during the month of october of every year. should no summoning decree be promulgated before october 1st, the third saturday of that month, 9 a.m.,, shall be deemed the session's appointment date. should that date fall on an official holiday the assembly shall convene in the morning of the first day following that holiday. article 87 to the exclusion of the provisions of the two preceding articles, the amir shall convene the national assembly to its first meeting after the general elections within two weeks of the date of the conclusion of those elections. while complying with the provision of the preceding article, should no summoning decree be promulgated within that period, the assembly shall be deemed convened to meet in the morning of the day following the two weeks mentioned above. where the date appointed for the national assembly's convention at that session is later than the annual appointment date stipulated in article 86 of the constitution, the term defined in article 85 shall be reduced by the difference between the two appointment dates mentioned. article 88 by decree should the amir find it necessary, or upon the request of a majority of its members, the national assembly may be summoned to an extraordinary convention. at the extraordinary convention, the assembly shall not, save with the cabinet's approval, debate matters other than those for which it was convoked. article 89 the amir shall proclaim the prorogation of the sessions, ordinary and extraordinary. article 90 every meeting convened by the assembly at a time and place other than those determined for its meeting shall be void; and by force of law, all resolutions passed therein shall be void. article 91 before taking up his functions at the assembly or at its committees a member of the national assembly shall, at a public meeting of the assembly, take the following oath: i swear by god almighty to be loyal to the amir, to respect the constitution and the laws of the state, to defend the people's liberties, their interests and their property, and to perform my duties faithfully and sincerely. article 92 the national assembly shall, at its first sitting, select for a tenure of office equal to its own, a president and a vice-president from among its members. where either of these two seats fall vacant the assembly shall select a substitute in replacement till the close of its term. in all cases election shall be by absolute majority of the members present. where such majority does not obtain on the first ballot, the election shall be repeated with choice restricted to the two candidates who have obtained the most votes. should a third candidate return an equal number of votes to the second, he shall also be included in the second ballot, in which case the election shall be by relative majority. should, finally, more than one candidate return a relative majority, the selection shall be determined by lot. until election of the president, the first sitting shall be presided by the oldest member. article 93 in the course of the first week of its annual session, the assembly shall form committees necessary to carry on its work. these committees may conduct business during the assembly's recess preparatory to the submission of their reports to the assembly. article 94 the national assembly's sessions are public. they may be held in camera upon request of the government or of the president of the assembly or of ten members. the debate in respect of the request shall take place at a secret session. article 95 the national assembly shall determine the validity of the election of its members and the election shall not be invalidated save by majority of the members composing the assembly. a law, however, may commit this jurisdiction to a judicial body. article 96 the national assembly shall be the competent authority to accept resignation from its membership. article 97 the presence of more than half of the members of the national assembly is necessary for a quorum. decisions shall be reached by an absolute majority of members present, except in cases where it is necessary to obtain a special majority. where votes show a tie, the matter debated shall be deemed rejected. article 98 upon formation, every ministry shall submit its program to the national assembly and the assembly may express whatever comments it deems appropriate thereon. article 99 every member of the national assembly is empowered to level at the prime minister and the ministers questions to elucidate matters falling within their competence; and the questioner alone has the right to comment, once only, on the answer. article 100 every member of the national assembly is empowered to direct interrogations at the prime minister and the ministers on matters falling within their competence. in cases that are not pressing, and with the minister's consent, debate on an interrogation shall not take place save after at least eight days from the day of its presentation. with due observance of the provisions of articles 101 and 102 of the constitution, the interrogation may lead to the casting of a vote of confidence at the assembly. article 101 every minister shall be responsible to the national assembly for his ministry's activities. where the assembly returns a vote of no-confidence in any of the ministers, that minister shall be deemed relieved of his ministry from that very date and shall submit his resignation immediately. a vote of confidence in a minister may not be initiated save at his request or upon a petition signed by ten members following a debated interrogation leveled at him. the assembly shall not issue its decision on the petition before the lapse of seven days from the date of its submission. the loss of confidence in a minister shall be decided by a majority of the members composing the assembly excluding the ministers. ministers shall not participate in the vote of confidence. article 102 the prime minister shall not be responsible for any ministry and the casting of a vote of confidence in the assembly shall not be applicable to him. however, should the national assembly, in the manner prescribed in the preceding article, deem it impossible to cooperate with the prime minister, the matter shall be referred to the head of state; and in that case the amir shall either relieve the prime minister and form a new cabinet or dissolve the national assembly. should, after dissolution, the new assembly return with the same majority a motion of non cooperation with the prime minister, the latter shall be deemed relieved of his post from the date of the assembly's decision and a new cabinet shall be formed. article 103 where the prime minister or a minister relinquishes his post for any reason whatsoever, he shall continue to deal with urgent matters falling within his competence until the appointment of his successor. article 104 the amir shall inaugurate the national assembly's annual opening with an amiri speech which shall include a statement on the country's prevailing conditions, the most important events which occurred during the preceding year, and those projects and reforms which the government intends to carry out in the course of the new year. for the inauguration and/or the delivery of the speech the amir may depute the prime minister. article 105 the national assembly shall set up from among its members a committee to prepare a reply to the amiri speech which shall include the assembly's remarks and desires. after approval by the assembly the reply shall be presented to the amir. article 106 the amir may, by decree, prorogue the national assembly's session for a period not exceeding one month. prorogation shall not be repeated in the same annual session save with the assembly's consent and for once only. the prorogation period shall not be reckoned in the session's term. article 107 the amir may, by decree, dissolve the national assembly, giving the reasons for such dissolution. however, the national assembly shall not be dissolved again on the same grounds. where the assembly has been dissolved, elections for the new assembly must be held within a period not exceeding two months from the date of the dissolution. where no elections take place within that period the dissolved assembly shall recover its full constitutional power and shall convene immediately as if there had been no dissolution. it shall resume its activities until election of the new assembly. article 108 a member of the assembly represents the state in its entirety and safeguards the public interest. no organization shall wield any authority over him in the performance of his duties at the assembly or in its committees. article 109 a member of the national assembly shall enjoy the right of proposing laws. any project of law proposed by a member and rejected by the national assembly shall not be submitted again in that same session. article 110 a member of the national assembly shall be free to voice his opinion at the assembly or at its committees. in any circumstance he shall not be held responsible therefor. article 111 in the course of a session, and in circumstances other than those relating to offenses where the offender is caught in flagrante de licto, no proceedings such as investigation, search, arrest, imprisonment or any other punitive measure shall be taken against a member save by authorization of the assembly and provided the assembly be notified, at its meeting as aforesaid, of the punitive measures to be applied. it shall also be imperative to always notify the assembly at its first meeting of any measure taken against any of its members during its recess. in all cases, should the assembly fail to pass a resolution in respect of an application for authorization within one month from the date of its receipt, such failure shall be deemed to be a permission. article 112 upon a petition signed by five members, a public matter may be submitted to the national assembly for debate to elucidate government policy in that regard and to exchange views thereon. all members are entitled to participate in the debate. article 113 the national assembly may convey to the government its desires in respect of public matters. should the government find it impossible to take those desires into consideration it shall state its reasons to the assembly. the assembly may comment only once on the government's statement. article 114 at any time the national assembly shall have the right to form investigation committees or delegate one or more of its members to investigate any matter falling within the assembly's competence; and the ministers and all of the civil servants shall produce the certificates, documents and statements required of them. article 115 the assembly shall, from among its annual committees, form a special commission to enquire into petitions and complaints submitted to it by citizens. the commission shall conduct inquiries with the quarters concerned and thereafter notify the petitioner of the result. a member of the national assembly shall not be allowed to interfere in the activities of the judiciary and of the executive. article 116 the prime minister and the ministers shall be heard whenever they request to speak at the national assembly and they may resort to the assistance of, or delegate whosoever they wish from among the senior civil servants to appear for them. the assembly shall enjoin the minister concerned to attend the debate of a matter relating to his ministry. the cabinet shall be represented at the assembly's meetings either by the prime minister or by some of its members. article 117 the national assembly shall lay down its internal statutes comprising the routine procedure governing its business and that of its committees, the rules for debating, voting, questioning and answering and all of the powers stipulated in the constitution. the internal statutes shall specify the penalties decided upon for a member's infraction of that procedure or for his absence from the assembly's or the committees' meetings without legitimate excuse. article 118 keeping order within the national assembly is the president's responsibility. the assembly shall have special guards under the command of the president. no other armed force shall be allowed to enter the assembly or stand too near its gates save by request of the president. article 119 the president, the vice-president and the members of the national assembly shall receive a remuneration to be determined by ordinance. where those remunerations are amended the amendments shall not become effective before the next legislative session. article 120 it shall not be permissible to combine membership in the national assembly with the assumption of public office save in cases when it is constitutionally permissible. in such cases it is not possible to be remunerated for both positions. the law shall determine where other combinations are not possible. article 121 a member of the national assembly shall not during the period of his membership be appointed to the board of directors of a company nor be allowed to participate in contracts entered into by government or by public organizations. he shall not during that period be allowed to purchase or rent state property, nor lease to the state nor sell it any of his own property nor barter it, save by means of public auction or tender or by application of the expropriation regulations. article 122 excepting such members as fill public offices not incompatible with their membership, members of the national assembly shall not be granted orders of merit during the period of their membership. chapter iv. the executive section 1. the cabinet article 123 the cabinet shall exercise control and supervision over the interests of the state. it shall lay down the public policy of the government, shall follow its execution and shall control the operations in government departments. article 124 the prime minister's and the ministers' salaries shall be determined by statute. unless otherwise specified, the prime minister shall be subject to all of the provisions relating to ministers. article 125 any person entrusted with a ministry shall fulfill the conditions stipulated in article 82 of this constitution. article 126 before assuming their powers the prime minister and the ministers shall take before the amir the oath prescribed in article 91 of this constitution. article 127 the prime minister shall preside over the cabinet's meetings and shall supervise the coordination of the activities of the various ministries. article 128 the cabinet's deliberations are secret and its decisions shall be issued in the presence of a majority of its members and with the approval of the majority of those present. in case of tie the prime minister's vote group shall prevail. unless the minority resigns it shall be bound by the opinion of the majority. in cases requiring the promulgation of a decree, the cabinet's decisions shall be submitted for sanction to the amir. article 129 the prime minister's resignation or his release from his post entails the resignation of the whole cabinet or their release from their posts. article 130 every minister undertakes to supervise the affairs of his ministry and shall carry out the general government policy concerning it. he shall also determine the ministry's policies and supervise their execution. article 131 a minister shall not, during his ministry, fill in any other public function or practice, even indirectly, or any free profession, or participate in any industrial, commercial or financial enterprise. he also shall not participate in contracts concluded by the government or by public organizations, and he shall not combine functions in the ministry with membership on the board of directors of any company. he shall also refrain from purchasing or hiring any government property even through public auction, and he may not lease or sell to the government any of his property or part thereof, or conclude with it barters thereon. article 132 a special ordinance shall define criminal offenses committed by ministers in the performance of their duties and shall determine prosecution and trial proceedings as well as the competent authority for such trials without violation of other ordinances concerning their actions or their commission of petty offenses and the civil responsibilities arising therefrom. article 133 the law shall regulate public organizations and municipal administrative bodies in such manner as to guarantee their autonomy under the aegis of the state's guidance and control. section 2. finance article 134 the imposition, the amendment and the abolition of public levies shall not be enforce able save by law. none shall be exempted from paying them in full or in part save in the cases provided for in the law, and no one shall be required to pay other than those taxes, fees or charges save within the limits of the law. article 135 the law shall define the special provisions relative to the collection of public monies and the manner in which they shall be disbursed. article 136 public loans shall be determined by statute. the state may grant or guarantee a loan by law or within the limits of the provisions approved for that purpose in the budgetary law. article 137 public organizations and local public corporate bodies may grant or guarantee a loan in conformity with the law. article 138 the law shall define the provisions relating to the preservation of state properties, their administration, the conditions governing the manner of their disposal and the limits within which the cession of any part thereof may be permissible. article 139 the fiscal year shall be determined by statute. article 140 the state shall prepare the comprehensive annual budget scheme of the state's revenues and expenditure and shall submit it to the national assembly at least two months before the close of the fiscal year for examination and ratification. article 141 the budget shall be debated at the national assembly, head by head. no allocation of any of the public revenues may be assigned to any specific expense item save by law. article 142 the law may prescribe the provision of specified sums for more than one year should the nature of the expenditure demand it, provided that in each successive budget the provision pertaining to it be incorporated therein, or provided a budget extraordinary be prepared for that purpose for more than one fiscal year. article 143 budgetary law shall not include any stipulation regarding the imposition of a new tax, the increase of an existing tax, the amendment of a law in force, or the elusion of the promulgation of a special law concerning a matter in respect of which this constitution prescribes the promulgation of a law. article 144 the public budget shall be promulgated by statute. article 145 where the budgetary law is not promulgated before the beginning of the fiscal year the basis of the old budget shall be adhered to until its issue. revenues shall be collected and expenditure shall be incurred in compliance with the laws applicable at the close of the said year. where the national assembly has approved certain heads of the new budget, action shall be taken according to those heads. article 146 every expenditure not shown in the budget or in excess of the estimates incorporated therein must be provided for by law: likewise, the transfer of any sum from any one head of the budget to another. article 147 in no circumstance shall the maximum estimated expenditure shown in the budgetary law and the laws amending it be exceeded. article 148 the law shall determine public budgets, separate and supplementary. they shall be governed by the provisions of the state's budgetary law. article 149 the annual report of the state's financial administration for the preceding year shall be submitted to the national assembly within four months following the close of the fiscal year for study and approval. article 150 the government shall submit to the national assembly a statement on the state's financial situation at least once during the course of every one of its normal sessions. article 151 the law shall set up an audit bureau and shall guarantee its autonomy. the bureau shall be an adjunct of the national assembly, shall assist the government and the national assembly in controlling and supervising the collection of the state's revenues and the incurrence of its expenditure within the limits of the budget, and shall submit to both, the government and the national assembly, an annual report on its activities accompanied by its observations. article 152 any concession for the exploitation of a natural resource or of a public utility shall be granted only by law and for a determinate period. preliminary measures shall guarantee the facilitation of exploration and discovery and shall ensure publicity and competition. article 153 no monopoly shall be granted save by law and for a determinate period. article 154 banks and currency shall be regulated by law, and the law shall determine weights and measures. article 155 the law shall regulate matters concerning emoluments, salaries and wages, allowances, grants-in-aid and compensations which the state treasury shall incur. article 156 the law shall lay down the provisions governing the budgets and the annual financial reports of local public corporate bodies and organizations. section 3. the military article 157 peace is the aim of the state. the safety of the state, which is part of the safety and the greater arab nation, is a trust in every citizen's hands. article 158 military service shall be regulated by law. article 159 in compliance with the law the state alone shall establish the armed forces and the public security bodies. article 160 total or partial mobilization shall be regulated by law. article 161 in accordance with the law there shall be established a supreme defense council which shall assume responsibilities of defense, of preservation of the country's safety, and of supervision of the armed forces. chapter v. the judiciary article 162 the honor of the judiciary and the integrity and justness of judges are the foundation of rule and the guarantee of rights and liberties. article 163 no authority may wield any dominion over a judge in his rendering of justice and in no circumstance shall interference be permissible in its performance. the law shall guarantee the autonomy of the judiciary and define the judges' warranties, the provisions concerning them, and the conditions governing their immunity from dismissal. article 164 the law shall organize all of the courts and their degrees and shall define their functions and jurisdictions. save in the case of martial law, military courts shall be restricted to deal with military offenses committed by members of the armed and public security forces within the limits prescribed by law. article 165 save in exceptional cases determined by law, court hearings shall be public. article 166 the right to litigation is guaranteed to all. the law shall determine the procedure and the conditions necessary for the exercise of that right. article 167 the public prosecution shall, in the name of society, bring public lawsuits, supervise matters relating to judicial seizures, and watch over the application of penal codes, the pursuit of offenders and the execution of sentences. the law shall organize that body, regulate its jurisdiction and define the conditions and warranties of those entrusted with its functions. exceptionally, and in accordance with the provisions determined by law, the bringing of public lawsuits regarding misdemeanors may be committed by law to the public security authorities. article 168 the judiciary shall have a supreme council which the law shall regulate and whose competence it shall determine. article 169 the law shall regulate the settlement of administrative disputes by medium of a chamber or special court. the law shall define the chamber's organic rules and the manner in which it shall exercise administrative law including, in regard to administrative resolutions infringing the law, the power to expunge and to compensate. article 170 the law shall organize the body whose function shall be to give legal opinion to the ministries and other public agencies, and to elaborate projects of laws and regulations. the law shall also organize representation of the state and of all public bodies before the legal authorities. article 171 a state council may be established by law to deal with the functions of administrative law and with the interpretation and elaboration stipulated in the two preceding articles. article 172 the law shall determine the method for deciding disputes concerning jurisdiction between branches of the judiciary and conflicting decisions. article 173 the law shall determine the competent legal authority to deal with the settlement of disputes in respect to the constitutionality of laws and regulations and shall determine this authority's jurisdiction and the procedure it shall follow. the law shall guarantee to both, the government and those concerned, the right to challenge the constitutionality of laws and regulations before that authority. where the above-mentioned authority rules the law or the regulation to be unconstitutional that law or regulation shall be deemed null and void. part v. general and temporary provisions article 174 the amir and one third of the national assembly have the right to propose the amendment of this constitution by alteration or by deletion of one or more of its provisions or by the addition of new provisions. where the amir and a majority of the members composing the assembly agree on the amendment in principio et in substantia, the assembly shall debate the proposed bill, article by article. the passing of the bill shall, however, be conditioned by the consent of two thirds of the members composing the assembly. the amendment shall not come into force before its sanction and promulgation by the amir. articles 65 and 66 of this constitution are excepted. where the amendment bill is rejected in principle or in substance it shall not be re-submitted before the lapse of one year from the date of the rejection. a proposal for the amendment of this constitution shall not be permissible before the lapse of five years from the date of its coming into force. article 175 provisions relating to the amiri regime in kuwait and the principles of liberty and equality stipulated in this constitution may not be proposed for amendment unless such amendment concerns the title of the amirate mutato nomine or an increase of the guarantees of liberty and equality. article 176 the amir's powers as defined in the constitution may not be proposed for amendment while he is being deputized. article 177 the application of the provisions of this constitution shall not invalidate the obligations of kuwait's treaties and agreements with states and international bodies. article 178 ordinances shall be published in the official gazette within two weeks of their enactment and shall come into force within one month from the date of their publication. that period may be extended or curtailed by a special proviso in the ordinance itself. article 179 law provisions shall become applicable only from the date of their coming into force and shall have no retroactive effect. in articles other than those stipulating punitive measures it may be permissible, with the consent of the majority of members composing the assembly, to provide otherwise by law. article 180 all of the dictates laid down by law, regulations, decrees, orders, and decisions operative at the time of the coming into force of this constitution shall remain in force unless amended or abrogated in compliance with the order established by this constitution and provided they do not conflict with any of its provisions. article 181 no provision of this constitution may be suspended save in the course of martial law and within the limits determined by law. national assembly conventions may not, in any circumstance, be suspended during that period, nor may the immunity of its members be violated. article 182 this constitution shall be published in the official gazette and shall come into force from the date of the national assembly's meeting provided such meeting does not take place later than the month of january, 1963. article 183 ordinance no. 1/1962 governing the fundamental system of rule during the transitional period shall remain operative until the meeting of the national assembly, and present members of the constituent assembly shall continue to exercise their functions as set out in the above-mentioned ordinance. preamble affirming the eternal existence of the turkish motherland and nation and the indivisible unity of the sublime turkish state, this constitution, in line with the concept of nationalism introduced by the founder of the republic of turkey, atatürk, the immortal leader and the unrivalled hero, and his reforms and principles; determining to attain the everlasting existence, prosperity, material and spiritual well-being of the republic of turkey, and the standards of contemporary civilization as an honourable member with equal rights of the family of world nations; the absolute supremacy of the will of the nation, the fact that sovereignty is vested fully and unconditionally in the turkish nation and that no individual or body empowered to exercise this sovereignty in the name of the nation shall deviate from the liberal democracy indicated in the constitution and the legal system instituted according to its requirements, the separation of powers, which does not imply an order of precedence among the organs of the state, but refers solely to the exercising of certain state powers and discharging of duties, and is limited to a civilized cooperation and division of functions; and the fact that only the constitution and the laws have the supremacy; that no protection shall be accorded to an activity contrary to turkish national interests, turkish existence and the principle of its indivisibility with its state and territory, historical and moral values of turkishness; the nationalism, principles, reforms and civilizationism of atatürk and that sacred religious feelings shall absolutely not be involved in state affairs and politics as required by the principle of secularism; that every turkish citizen has an innate right and power, to lead an honourable life and to improve his/her material and spiritual wellbeing under the aegis of national culture, civilization, and the rule of law, through the exercise of the fundamental rights and freedoms set forth in this constitution, in conformity with the requirements of equality and social justice; that all turkish citizens are united in national honour and pride, in national joy and grief, in their rights and duties regarding national existence, in blessings and in burdens, and in every manifestation of national life, and that they have the right to demand a peaceful life based on absolute respect for one another’s rights and freedoms, mutual love and fellowship, and the desire for and belief in “peace at home; peace in the world”; with these ideas, beliefs, and resolutions to be interpreted and implemented accordingly, thus commanding respect for, and absolute loyalty to, its letter and spirit; has been entrusted by the turkish nation to the democracy-loving turkish sons’ and daughters’ love for the motherland and nation. part one. general principles i. form of the state article 1 the state of turkey is a republic. ii. characteristics of the republic article 2 the republic of turkey is a democratic, secular and social state governed by rule of law, within the notions of public peace, national solidarity and justice, respecting human rights, loyal to the nationalism of atatürk, and based on the fundamental tenets set forth in the preamble. iii. integrity, official language, flag, national anthem, and capital of the state article 3 the state of turkey, with its territory and nation, is an indivisible entity. its language is turkish. its flag, the form of which is prescribed by the relevant law, is composed of a white crescent and star on a red background. its national anthem is the “independence march”. its capital is ankara. iv. irrevocable provisions article 4 the provision of article 1 regarding the form of the state being a republic, the characteristics of the republic in article 2, and the provisions of article 3 shall not be amended, nor shall their amendment be proposed. v. fundamental aims and duties of the state article 5 the fundamental aims and duties of the state are to safeguard the independence and integrity of the turkish nation, the indivisibility of the country, the republic and democracy, to ensure the welfare, peace, and happiness of the individual and society; to strive for the removal of political, economic, and social obstacles which restrict the fundamental rights and freedoms of the individual in a manner incompatible with the principles of justice and of the social state governed by rule of law; and to provide the conditions required for the development of the individual’s material and spiritual existence. vi. sovereignty article 6 sovereignty belongs to the nation without any restriction or condition. the turkish nation shall exercise its sovereignty through the authorized organs, as prescribed by the principles set forth in the constitution. the exercise of sovereignty shall not be delegated by any means to any individual, group or class. no person or organ shall exercise any state authority that does not emanate from the constitution. vii. legislative power article 7 legislative power is vested in the grand national assembly of turkey on behalf of turkish nation. this power shall not be delegated. viii. executive power and function article 8 executive power and function shall be exercised and carried out by the president of the republic in conformity with the constitution and laws. ix. judicial power article 9 judicial power shall be exercised by independent and impartial courts on behalf of the turkish nation. x. equality before the law  article 10 everyone is equal before the law without distinction as to language, race, colour, sex, political opinion, philosophical belief, religion and sect, or any such grounds. men and women have equal rights. the state has the obligation to ensure that this equality exists in practice. measures taken for this purpose shall not be interpreted as contrary to the principle of equality. measures to be taken for children, the elderly, disabled people, widows and orphans of martyrs as well as for the invalid and veterans shall not be considered as violation of the principle of equality. no privilege shall be granted to any individual, family, group or class. state organs and administrative authorities are obliged to act in compliance with the principle of equality before the law in all their proceedings. xi. supremacy and binding force of the constitution article 11 the provisions of the constitution are fundamental legal rules binding upon legislative, executive and judicial organs, and administrative authorities and other institutions and individuals. laws shall not be contrary to the constitution. part two. fundamental rights and duties chapter one. general provisions i. nature of fundamental rights and freedoms article 12 everyone possesses inherent fundamental rights and freedoms, which are inviolable and inalienable. the fundamental rights and freedoms also comprise the duties and responsibilities of the individual to the society, his/her family, and other individuals. ii. restriction of fundamental rights and freedoms article 13 fundamental rights and freedoms may be restricted only by law and in conformity with the reasons mentioned in the relevant articles of the constitution without infringing upon their essence. these restrictions shall not be contrary to the letter and spirit of the constitution and the requirements of the democratic order of the society and the secular republic and the principle of proportionality. iii. prohibition of abuse of fundamental rights and freedoms article 14 none of the rights and freedoms embodied in the constitution shall be exercised in the form of activities aiming to violate the indivisible integrity of the state with its territory and nation, and to endanger the existence of the democratic and secular order of the republic based on human rights. no provision of this constitution shall be interpreted in a manner that enables the state or individuals to destroy the fundamental rights and freedoms recognized by the constitution or to stage an activity with the aim of restricting them more extensively than stated in the constitution. the sanctions to be applied against those who perpetrate activities contrary to these provisions shall be determined by law. iv. suspension of the exercise of fundamental rights and freedoms article 15 in times of war, mobilization or a state of emergency, the exercise of fundamental rights and freedoms may be partially or entirely suspended or measures derogating the guarantees embodied in the constitution may be taken to the extent required by the exigencies of the situation, as long as obligations under international law are not violated. even under the circumstances indicated in the first paragraph, the individual’s right to life, the integrity of his/her corporeal and spiritual existence shall be inviolable except where death occurs through acts in conformity with law of war; no one shall be compelled to reveal his/her religion, conscience, thought or opinion, nor be accused on account of them; offences and penalties shall not be made retroactive; nor shall anyone be held guilty until so proven by a court ruling. v. status of aliens article 16 the fundamental rights and freedoms in respect to aliens may be restricted by law compatible with international law. chapter two. rights and duties of the individual i. personal inviolability, corporeal and spiritual existence of the individual article 17 everyone has the right to life and the right to protect and improve his/her corporeal and spiritual existence. the corporeal integrity of the individual shall not be violated except under medical necessity and in cases prescribed by law; and shall not be subjected to scientific or medical experiments without his/her consent. no one shall be subjected to torture or mal-treatment; no one shall be subjected to penalties or treatment incompatible with human dignity. the acts of killing, when using a weapon is permitted by law as a compelling measure, during self-defence, the execution of warrants of capture and arrest, the prevention of the escape of lawfully arrested or convicted persons, the quelling of riot or insurrection, or carrying out the orders of authorized bodies during state of emergency, do not fall within the scope of the provision of the first paragraph. ii. prohibition of forced labour article 18 no one shall be forced to work. forced labour is prohibited. work required of an individual while serving a sentence or under detention provided that the form and conditions of such labour are prescribed by law; services required from citizens during a state of emergency; and physical or intellectual work necessitated by the needs of the country as a civic obligation shall not be considered as forced labour. iii. personal liberty and security article 19 everyone has the right to personal liberty and security. no one shall be deprived of his/her liberty except in the following cases where procedure and conditions are prescribed by law: execution of sentences restricting liberty and the implementation of security measures decided by courts; arrest or detention of an individual in line with a court ruling or an obligation upon him designated by law; execution of an order for the purpose of the educational supervision of a minor, or for bringing him/her before the competent authority; execution of measures taken in conformity with the relevant provisions of law for the treatment, education or rehabilitation of a person of unsound mind, an alcoholic, drug addict, vagrant, or a person spreading contagious diseases to be carried out in institutions when such persons constitute a danger to the public; arrest or detention of a person who enters or attempts to enter illegally into the country or for whom a deportation or extradition order has been issued. individuals against whom there is strong evidence of having committed an offence may be arrested by decision of a judge solely for the purposes of preventing escape, or preventing the destruction or alteration of evidence, as well as in other circumstances prescribed by law and necessitating detention. arrest of a person without a decision by a judge may be executed only when a person is caught in flagrante delicto or in cases where delay is likely to thwart the course of justice; the conditions for such acts shall be defined by law. individuals arrested or detained shall be promptly notified, in all cases in writing, or orally when the former is not possible, of the grounds for their arrest or detention and the charges against them; in cases of offences committed collectively this notification shall be made, at the latest, before the individual is brought before a judge. the person arrested or detained shall be brought before a judge within at latest forty-eight hours and in case of offences committed collectively within at most four days, excluding the time required to send the individual to the court nearest to the place of arrest. no one can be deprived of his/her liberty without the decision of a judge after the expiry of the above specified periods. these periods may be extended during a state of emergency or in time of war. the next of kin shall be notified immediately when a person has been arrested or detained. persons under detention shall have the right to request trial within a reasonable time and to be released during investigation or prosecution. release may be conditioned by a guarantee as to ensure the presence of the person at the trial proceedings or the execution of the court sentence. persons whose liberties are restricted for any reason are entitled to apply to the competent judicial authority for speedy conclusion of proceedings regarding their situation and for their immediate release if the restriction imposed upon them is not lawful. damage suffered by persons subjected to treatment other than these provisions shall be compensated by the state in accordance with the general principles of the compensation law. iv. privacy and protection of private life a. privacy of private life article 20 everyone has the right to demand respect for his/her private and family life. privacy of private or family life shall not be violated. unless there exists a decision duly given by a judge on one or several of the grounds of national security, public order, prevention of crime, protection of public health and public morals, or protection of the rights and freedoms of others, or unless there exists a written order of an agency authorized by law, in cases where delay is prejudicial, again on the above-mentioned grounds, neither the person, nor the private papers, nor belongings of an individual shall be searched nor shall they be seized. the decision of the competent authority shall be submitted for the approval of the judge having jurisdiction within twenty-four hours. the judge shall announce his decision within forty-eight hours from the time of seizure; otherwise, seizure shall automatically be lifted. everyone has the right to request the protection of his/her personal data. this right includes being informed of, having access to and requesting the correction and deletion of his/her personal data, and to be informed whether these are used in consistency with envisaged objectives. personal data can be processed only in cases envisaged by law or by the person’s explicit consent. the principles and procedures regarding the protection of personal data shall be laid down in law. b. inviolability of the domicile article 21 the domicile of an individual shall not be violated. unless there exists a decision duly given by a judge on one or several of the grounds of national security, public order, prevention of crime, protection of public health and public morals, or protection of the rights and freedoms of others, or unless there exists a written order of an agency authorized by law in cases where delay is prejudicial, again on these grounds, no domicile may be entered or searched or the property seized therein. the decision of the competent authority shall be submitted for the approval of the judge having jurisdiction within twenty-four hours. the judge shall announce his decision within forty-eight hours from the time of seizure; otherwise, seizure shall be automatically lifted. c. freedom of communication article 22 everyone has the freedom of communication. privacy of communication is fundamental. unless there exists a decision duly given by a judge on one or several of the grounds of national security, public order, prevention of crime, protection of public health and public morals, or protection of the rights and freedoms of others, or unless there exists a written order of an agency authorized by law in cases where delay is prejudicial, again on the above-mentioned grounds, communication shall not be impeded nor its privacy be violated. the decision of the competent authority shall be submitted for the approval of the judge having jurisdiction within twenty-four hours. the judge shall announce his decision within forty-eight hours from the time of seizure; otherwise, seizure shall be automatically lifted. public institutions and agencies where exceptions may be applied are prescribed in law. v. freedom of residence and movement article 23 everyone has the freedom of residence and movement. freedom of residence may be restricted by law for the purpose of preventing crimes, promoting social and economic development, achieving sound and orderly urbanization, and protecting public property. freedom of movement may be restricted by law for the purpose of investigation and prosecution of an offence, and prevention of crimes. a citizen’s freedom to leave the country may be restricted only by the decision of a judge based on a criminal investigation or prosecution. citizens shall not be deported, or deprived of their right of entry into the homeland. vi. freedom of religion and conscience article 24 everyone has the freedom of conscience, religious belief and conviction. acts of worship, religious rites and ceremonies shall be conducted freely, as long as they do not violate the provisions of article 14. no one shall be compelled to worship, or to participate in religious rites and ceremonies, or to reveal religious beliefs and convictions, or be blamed or accused because of his religious beliefs and convictions. religious and moral education and instruction shall be conducted under state supervision and control. instruction in religious culture and morals shall be one of the compulsory lessons in the curricula of primary and secondary schools. other religious education and instruction shall be subject to the individual’s own desire, and in the case of minors, to the request of their legal representatives. no one shall be allowed to exploit or abuse religion or religious feelings, or things held sacred by religion, in any manner whatsoever, for the purpose of personal or political interest or influence, or for even partially basing the fundamental, social, economic, political, and legal order of the state on religious tenets. vii. freedom of thought and opinion article 25 everyone has the freedom of thought and opinion. no one shall be compelled to reveal his/her thoughts and opinions for any reason or purpose; nor shall anyone be blamed or accused because of his/her thoughts and opinions. viii. freedom of expression and dissemination of thought article 26 everyone has the right to express and disseminate his/her thoughts and opinions by speech, in writing or in pictures or through other media, individually or collectively. this freedom includes the liberty of receiving or imparting information or ideas without interference by official authorities. this provision shall not preclude subjecting transmission by radio, television, cinema, or similar means to a system of licensing. the exercise of these freedoms may be restricted for the purposes of national security, public order, public safety, safeguarding the basic characteristics of the republic and the indivisible integrity of the state with its territory and nation, preventing crime, punishing offenders, withholding information duly classified as a state secret, protecting the reputation or rights and private and family life of others, or protecting professional secrets as prescribed by law, or ensuring the proper functioning of the judiciary. regulatory provisions concerning the use of means to disseminate information and thoughts shall not be deemed as the restriction of freedom of expression and dissemination of thoughts as long as the transmission of information and thoughts is not prevented. the formalities, conditions and procedures to be applied in exercising the freedom of expression and dissemination of thought shall be prescribed by law. ix. freedom of science and the arts article 27 everyone has the right to study and teach, express, and disseminate science and the arts, and to carry out research in these fields freely. the right to disseminate shall not be exercised for the purpose of changing the provisions of articles 1, 2 and 3 of the constitution. the provision of this article shall not preclude regulation by law of the entry and distribution of foreign publications in the country. x. provisions relating to the press and publication a. freedom of the press article 28 the press is free, and shall not be censored. the establishment of a printing house shall not be subject to prior permission or the deposit of a financial guarantee. the state shall take the necessary measures to ensure freedom of the press and information. in the limitation of freedom of the press, the provisions of articles 26 and 27 of the constitution shall apply. anyone who writes any news or articles which threaten the internal or external security of the state or the indivisible integrity of the state with its territory and nation, which tend to incite offence, riot or insurrection, or which refer to classified state secrets or has them printed, and anyone who prints or transmits such news or articles to others for the purposes above, shall be held responsible under the law relevant to these offences. distribution may be prevented as a precautionary measure by the decision of a judge, or in case delay is deemed prejudicial, by the competent authority explicitly designated by law. the authority preventing the distribution shall notify a competent judge of its decision within twenty-four hours at the latest. the order preventing distribution shall become null and void unless upheld by a competent judge within forty-eight hours at the latest. no ban shall be placed on the reporting of events, except by the decision of judge issued within the limits specified by law, to ensure proper functioning of the judiciary. periodical and non-periodical publications may be seized by a decision of a judge in cases of ongoing investigation or prosecution of crimes specified by law; or by order of the competent authority explicitly designated by law, in situations where delay may constitute a prejudice with respect to the protection of the indivisible integrity of the state with its territory and nation, national security, public order or public morals and for the prevention of crime. the competent authority issuing the order to seize shall notify a competent judge of its decision within twenty-four hours at the latest; the order to seize shall become null and void unless upheld by a judge within forty-eight hours at the latest. general provisions shall apply when seizing and confiscating periodicals and non-periodicals for reasons of criminal investigation and prosecution. periodicals published in turkey may be temporarily suspended by court ruling if found to contain material which contravenes the indivisible integrity of the state with its territory and nation, the fundamental principles of the republic, national security and public morals. any publication which clearly bears the characteristics of being a continuation of a suspended periodical is prohibited; and shall be seized by decision of a judge. b. right to publish periodicals and non-periodicals article 29 publication of periodicals or non-periodicals shall not be subject to prior authorization or the deposit of a financial guarantee. submission of the information and documents specified by law to the competent authority designated by law is sufficient to publish a periodical. if these information and documents are found to contravene the laws, the competent authority shall apply to the court for suspension of publication. the principles regarding the publication, the conditions of publication and the financial resources of periodicals, and the profession of journalism shall be regulated by law. the law shall not impose any political, economic, financial, and technical conditions obstructing or making difficult the free dissemination of news, thoughts, or opinions. periodicals shall have equal access to the means and facilities of the state, other public corporate bodies, and their agencies. c. protection of printing facilities article 30 a printing house and its annexes, duly established as a press enterprise under law, and press equipment shall not be seized, confiscated, or barred from operation on the grounds of having been used in a crime. d. right to use media other than the press owned by public corporations article 31 individuals and political parties have the right to use mass media and means of communication other than the press owned by public corporations. the conditions and procedures for such use shall be regulated by law. the law shall not impose restrictions preventing the public from receiving information or accessing ideas and opinions through these media, or preventing public opinion from being freely formed, on the grounds other than national security, public order, or the protection of public morals and health. e. right of rectification and reply article 32 the right of rectification and reply shall be accorded only in cases where personal reputation and honour is injured or in case of publications of unfounded allegation and shall be regulated by law. if a rectification or reply is not published, the judge decides, within seven days of appeal by the individual involved, whether or not this publication is required. xi. rights and freedoms of assembly a. freedom of association article 33 everyone has the right to form associations, or become a member of an association, or withdraw from membership without prior permission. no one shall be compelled to become or remain a member of an association. freedom of association may be restricted only by law on the grounds of national security, public order, prevention of commission of crime, public morals, public health and protecting the freedoms of other individuals. the formalities, conditions, and procedures to be applied in the exercise of freedom of association shall be prescribed by law. associations may be dissolved or suspended from activity by the decision of a judge in cases prescribed by law. however, where it is required for, and a delay constitutes a prejudice to, national security, public order, prevention of commission or continuation of a crime, or an arrest, an authority may be vested with power by law to suspend the association from activity. the decision of this authority shall be submitted for the approval of the judge having jurisdiction within twenty-four hours. the judge shall announce his/her decision within forty-eight hours; otherwise, this administrative decision shall be annulled automatically. provisions of the first paragraph shall not prevent imposition of restrictions on the rights of armed forces and security forces officials and civil servants to the extent that the duties of civil servants so require. the provisions of this article shall also apply to foundations. b. right to hold meetings and demonstration marches article 34 everyone has the right to hold unarmed and peaceful meetings and demonstration marches without prior permission. the right to hold meetings and demonstration marches shall be restricted only by law on the grounds of national security, public order, prevention of commission of crime, protection of public health and public morals or the rights and freedoms of others. the formalities, conditions, and procedures to be applied in the exercise of the right to hold meetings and demonstration marches shall be prescribed by law. xii. right to property article 35 everyone has the right to own and inherit property. these rights may be limited by law only in view of public interest. the exercise of the right to property shall not contravene public interest. xiii. provisions on the protection of rights a. freedom to claim rights article 36 everyone has the right of litigation either as plaintiff or defendant and the right to a fair trial before the courts through legitimate means and procedures. no court shall refuse to hear a case within its jurisdiction. b. principle of natural judge article 37 no one may be tried by any judicial authority other than the legally designated court. extraordinary tribunals with jurisdiction that would in effect remove a person from the jurisdiction of his legally designated court shall not be established. c. principles relating to offences and penalties article 38 no one shall be punished for any act which does not constitute a criminal offence under the law in force at the time committed; no one shall be given a heavier penalty for an offence other than the penalty applicable at the time when the offence was committed. the provisions of the above paragraph shall also apply to the statute of limitations on offences and penalties and on the results of conviction. penalties, and security measures in lieu of penalties, shall be prescribed only by law. no one shall be considered guilty until proven guilty in a court of law. no one shall be compelled to make a statement that would incriminate himself/herself or his/her legal next of kin, or to present such incriminating evidence. findings obtained through illegal methods shall not be considered evidence. criminal responsibility shall be personal. no one shall be deprived of his/her liberty merely on the ground of inability to fulfil a contractual obligation. neither death penalty nor general confiscation shall be imposed as punishment. the administration shall not impose any sanction resulting in restriction of personal liberty. exceptions to this provision may be introduced by law regarding the internal order of the armed forces. no citizen shall be extradited to a foreign country because of an offence, except under obligations resulting from being a party to the international criminal court. xiv. right to prove an allegation article 39 in libel and defamation suits involving allegations against persons in the public service in connection with their functions or services, the defendant has the right to prove the allegations. a plea for presenting proof shall not be granted in any other case, unless finding out whether the allegation is true or not would serve the public interest, or unless the plaintiff consents. xv. protection of fundamental rights and freedoms article 40 everyone whose constitutional rights and freedoms have been violated has the right to request prompt access to the competent authorities. the state is obliged to indicate in its proceedings, the legal remedies and authorities the persons concerned should apply and time limits of the applications. damages incurred to any person through unlawful treatment by public officials shall be compensated for by the state as per the law. the state reserves the right of recourse to the official responsible. chapter three. social and economic rights and duties i. protection of the family, and children’s rights article 41 family is the foundation of the turkish society and based on the equality between the spouses. the state shall take the necessary measures and establish the necessary organization to protect peace and welfare of the family, especially mother and children, and to ensure the instruction of family planning and its practice. every child has the right to protection and care and the right to have and maintain a personal and direct relation with his/her mother and father unless it is contrary to his/her high interests. the state shall take measures for the protection of the children against all kinds of abuse and violence. ii. right and duty of education article 42 no one shall be deprived of the right of education. the scope of the right to education shall be defined and regulated by law. education shall be conducted along the lines of the principles and reforms of atatürk, based on contemporary scientific and educational principles, under the supervision and control of the state. educational institutions contravening these principles shall not be established. the freedom of education does not relieve the individual from loyalty to the constitution. primary education is compulsory for all citizens of both sexes and is free of charge in state schools. the principles governing the functioning of private primary and secondary schools shall be regulated by law in keeping with the standards set for the state schools. the state shall provide scholarships and other means of assistance to enable students of merit lacking financial means to continue their education. the state shall take necessary measures to rehabilitate those in need of special education so as to render such people useful to society. training, education, research, and study are the only activities that shall be pursued at institutions of education. these activities shall not be obstructed in any way. no language other than turkish shall be taught as a mother tongue to turkish citizens at any institution of education. foreign languages to be taught in institutions of education and the rules to be followed by schools conducting education in a foreign language shall be determined by law. the provisions of international treaties are reserved. iii. public interest a. utilization of the coasts article 43 the coasts are under the authority and disposal of the state. in the utilization of sea coasts, lake shores or river banks, and of the coastal strip along the sea and lakes, public interest shall be taken into consideration with priority. the width of coasts and coastal strips according to the purpose of utilization and the conditions of utilization by individuals shall be determined by law. b. land ownership article 44 the state shall take the necessary measures to maintain and develop efficient land cultivation, to prevent its loss through erosion, and to provide land to farmers with insufficient land of their own, or no land. for this purpose, the law may define the size of appropriate land units, according to different agricultural regions and types of farming. provision of land to farmers with no or insufficient land shall not lead to a fall in production, or to the depletion of forests and other land and underground resources. lands distributed for this purpose shall neither be divided nor be transferred to others, except through inheritance, and shall be cultivated only by the farmers to whom the lands have been distributed, and their heirs. in the event of loss of these conditions, the principles relating to the recovery by the state of the land thus distributed shall be prescribed by law. c. protection of agriculture, animal husbandry, and persons engaged in these activities article 45 the state facilitates farmers and livestock breeders in acquiring machinery, equipment and other inputs in order to prevent improper use and destruction of agricultural land, meadows and pastures and to increase crop and livestock production in accordance with the principles of agricultural planning. the state shall take necessary measures for the utilization of crop and livestock products, and to enable producers to be paid the real value of their products. d. expropriation article 46 the state and public corporations shall be entitled, where the public interest requires, to expropriate privately owned real estate wholly or in part and impose administrative servitude on it, in accordance with the principles and procedures prescribed by law, provided that the actual compensation is paid in advance. the compensation for expropriation and the amount regarding its increase rendered by a final judgment shall be paid in cash and in advance. however, the procedure to be applied for compensation for expropriated land for the purposes of carrying out agriculture reform, major energy and irrigation projects, and housing and resettlement schemes, afforestation, and protecting the coasts, and tourism shall be regulated by law. in the cases where the law may allow payment in instalments, the payment period shall not exceed five years, whence payments shall be made in equal instalments. compensation for the land expropriated from the small farmer who cultivates his/her own land shall be paid in advance in all cases. an interest equivalent to the highest interest paid on public claims shall apply in the instalments envisaged in the second paragraph and expropriation costs not paid for any reason. e. nationalization and privatization article 47 private enterprises performing services of public nature may be nationalized in exigencies of public interest. nationalization shall be carried out on the basis of real value. the methods and procedures for calculating real value shall be prescribed by law. principles and rules concerning the privatization of enterprises and assets owned by the state, state economic enterprises, and other public corporate bodies shall be prescribed by law. those investments and services carried out by the state, state economic enterprises and other public corporate bodies, which could be performed by or delegated to persons or corporate bodies through private law contracts shall be determined by law. iv. freedom of work and contract article 48 everyone has the freedom to work and conclude contracts in the field of his/her choice. establishment of private enterprises is free. the state shall take measures to ensure that private enterprises operate in accordance with national economic requirements and social objectives and in security and stability. v. provisions relating to labour a. right and duty to work article 49 everyone has the right and duty to work. the state shall take the necessary measures to raise the standard of living of workers, and to protect workers and the unemployed in order to improve the general conditions of labour, to promote labour, to create suitable economic conditions for prevention of unemployment and to secure labour peace. b. working conditions and right to rest and leisure article 50 no one shall be required to perform work unsuited to his/her age, sex, and capacity. minors, women, and physically and mentally disabled persons, shall enjoy special protection with regard to working conditions. all workers have the right to rest and leisure. rights and conditions relating to paid weekends and holidays, together with paid annual leave, shall be regulated by law. c. right to organize unions article 51 employees and employers have the right to form unions and higher organizations, without prior permission, and they also possess the right to become a member of a union and to freely withdraw from membership, in order to safeguard and develop their economic and social rights and the interests of their members in their labour relations. no one shall be forced to become a member of a union or to withdraw from membership. the right to form a union shall be solely restricted by law on the grounds of national security, public order, prevention of commission of crime, public health, public morals and protecting the rights and freedoms of others. the formalities, conditions and procedures to be applied in exercising the right to form union shall be prescribed by law. the scope, exceptions and limits of the rights of civil servants who do not have a worker status are prescribed by law in line with the characteristics of their services. the regulations, administration and functioning of unions and their higher bodies shall not be inconsistent with the fundamental characteristics of the republic and principles of democracy. d. activities of unions article 52 (repealed on july 23, 1995; act no. 4121) vi. collective labour agreement, right to strike, and lockout a. rights of collective labour agreement and collective agreement article 53 workers and employers have the right to conclude collective labour agreements in order to regulate reciprocally their economic and social position and conditions of work. the procedure to be followed in concluding collective labour agreements shall be regulated by law. public servants and other public employees have the right to conclude collective agreements. the parties may apply to the public servants arbitration board if a disagreement arises during the process of collective agreement. the decisions of the public servants arbitration board shall be final and have the force of a collective agreement. the scope of and the exceptions to the right of collective agreement, the persons to benefit from and the form, procedure and entry into force of collective agreement and the extension of the provisions of collective agreement to those retired, as well as the organization and operating procedures and principles of the public servants arbitration board and other matters shall be laid down in law. b. right to strike, and lockout article 54 workers have the right to strike during the collective bargaining process if a disagreement arises. the procedures and conditions governing the exercise of this right and the employer’s recourse to a lockout, the scope of, and the exceptions to them shall be regulated by law. the right to strike and lockout shall not be exercised in a manner contrary to the rules of goodwill, to the detriment of society, and in a manner damaging national wealth. the circumstances and workplaces in which strikes and lockouts may be prohibited or postponed shall be regulated by law. in cases where a strike or a lockout is prohibited or postponed, the dispute shall be settled by the supreme arbitration board at the end of the period of postponement. the disputing parties may apply to the supreme arbitration board by mutual agreement at any stage of the dispute. the decisions of the supreme arbitration board shall be final and have the force of a collective labour agreement. the organization and functions of the supreme arbitration board shall be regulated by law. those who refuse to go on strike shall in no way be barred from working at their workplace by strikers. vii. provision of fair wage article 55 wages shall be paid in return for work. the state shall take the necessary measures to ensure that workers earn a fair wage commensurate with the work they perform and that they enjoy other social benefits. in determining the minimum wage, the living conditions of the workers and the economic situation of the country shall also be taken into account. viii. health, the environment and housing a. health services and protection of the environment article 56 everyone has the right to live in a healthy and balanced environment. it is the duty of the state and citizens to improve the natural environment, to protect the environmental health and to prevent environmental pollution. the state shall regulate central planning and functioning of the health services to ensure that everyone leads a healthy life physically and mentally, and provide cooperation by saving and increasing productivity in human and material resources. the state shall fulfil this task by utilizing and supervising the health and social assistance institutions, in both the public and private sectors. in order to establish widespread health services, general health insurance may be introduced by law. b. right to housing article 57 the state shall take measures to meet the need for housing within the framework of a plan that takes into account the characteristics of cities and environmental conditions, and also support community housing projects. ix. youth and sports a. protection of the youth article 58 the state shall take measures to ensure the education and development of the youth into whose keeping our independence and our republic are entrusted, in the light of positive science, in line with the principles and reforms of atatürk, and in opposition to ideas aiming at the destruction of the indivisible integrity of the state with its territory and nation. the state shall take necessary measures to protect youth from addiction to alcohol and drugs, crime, gambling, and similar vices, and ignorance. b. development of sports and arbitration article 59 the state shall take measures to develop the physical and mental health of turkish citizens of all ages, and encourage the spread of sports among the masses. the state shall protect successful athletes. the decisions of sport federations relating to administration and discipline of sportive activities may be challenged only through compulsory arbitration. the decisions of board of arbitration are final and shall not be appealed to any judicial authority. x. social security rights a. right to social security article 60 everyone has the right to social security. the state shall take the necessary measures and establish the organisation for the provision of social security. b. persons requiring special protection in the field of social security article 61 the state shall protect the widows and orphans of martyrs of war and duty, together with invalid and war veterans, and ensure that they enjoy a decent standard of living. the state shall take measures to protect the disabled and secure their integration into community life. the aged shall be protected by the state. state assistance to, and other rights and benefits of the aged shall be regulated by law. the state shall take all kinds of measures for social resettlement of children in need of protection. to achieve these aims the state shall establish the necessary organizations or facilities, or arrange for their establishment. c. turkish citizens working abroad article 62 the state shall take the necessary measures to ensure family unity, the education of the children, the cultural needs, and the social security of turkish citizens working abroad, and to safeguard their ties with the home country and to help them on their return home. xi. protection of historical, cultural and natural assets article 63 the state shall ensure the protection of the historical, cultural and natural assets and wealth, and shall take supportive and promotive measures towards that end. any limitations to be imposed on such privately owned assets and wealth and the compensation and exemptions to be accorded to the owners of such, because of these limitations, shall be regulated by law. xii. protection of arts and artists article 64 the state shall protect artistic activities and artists. the state shall take the necessary measures to protect, promote and support works of art and artists, and encourage the spread of appreciation for the arts. xiii. the extent of social and economic duties of the state article 65 the state shall fulfil its duties as laid down in the constitution in the social and economic fields within the capacity of its financial resources, taking into consideration the priorities appropriate with the aims of these duties. chapter four. political rights and duties i. turkish citizenship article 66 everyone bound to the turkish state through the bond of citizenship is a turk. the child of a turkish father or a turkish mother is a turk. citizenship can be acquired under the conditions stipulated by law, and shall be forfeited only in cases determined by law. no turk shall be deprived of citizenship, unless he/she commits an act incompatible with loyalty to the motherland. recourse to the courts in appeal against the decisions and proceedings related to the deprivation of citizenship shall not be denied. ii. right to vote, to be elected and to engage in political activity article 67 in conformity with the conditions set forth in the law, citizens have the right to vote, to be elected, to engage in political activities independently or in a political party, and to take part in a referendum. elections and referenda shall be held under the direction and supervision of the judiciary, in accordance with the principles of free, equal, secret, direct, universal suffrage, and public counting of the votes. however, the law determines applicable measures for turkish citizens abroad to exercise their right to vote. all turkish citizens over eighteen years of age shall have the right to vote in elections and to take part in referenda. the exercise of these rights shall be regulated by law. privates and corporals at arms, cadets, and convicts in penal execution institutions excluding those convicted of negligent offences shall not vote. the necessary measures to be taken to ensure the safety of voting and the counting of the votes in penal execution institutions and prisons shall be determined by the supreme board of election; such voting is held under the on-site direction and supervision of authorized judge. the electoral laws shall be drawn up so as to reconcile the principles of fair representation and stability of government. amendments to the electoral laws shall not apply to the elections to be held within one year from the entry into force date of the amendments. iii. provisions relating to political parties a. forming parties, membership and withdrawal from membership in a party article 68 citizens have the right to form political parties and duly join and withdraw from them. one must be over eighteen years of age to become a member of a party. political parties are indispensable elements of democratic political life. political parties shall be formed without prior permission, and shall pursue their activities in accordance with the provisions set forth in the constitution and laws. the statutes and programs, as well as the activities of political parties shall not be contrary to the independence of the state, its indivisible integrity with its territory and nation, human rights, the principles of equality and rule of law, sovereignty of the nation, the principles of the democratic and secular republic; they shall not aim to promote or establish class or group dictatorship or dictatorship of any kind, nor shall they incite citizens to crime. judges and prosecutors, members of higher judicial organs including those of the court of accounts, civil servants in public institutions and organizations, other public servants who are not considered to be labourers by virtue of the services they perform, members of the armed forces and students who are not yet in higher education, shall not become members of political parties. the membership of the teaching staff at higher education to political parties is regulated by law. this law shall not allow those members to assume responsibilities outside the central organs of the political parties and it also sets forth the regulations which the teaching staff at higher education institutions shall observe as members of political parties in the higher education institutions. the principles concerning the membership of students at higher education to political parties are regulated by law. the state shall provide the political parties with adequate financial means in an equitable manner. the principles regarding aid to political parties, as well as collection of dues and donations are regulated by law. b. principles to be observed by political parties article 69 the activities, internal regulations and operation of political parties shall be in line with democratic principles. the application of these principles is regulated by law. political parties shall not engage in commercial activities. the income and expenditure of political parties shall be consistent with their objectives. the application of this rule is regulated by law. the auditing of acquisitions, revenue and expenditure of political parties by the constitutional court in terms of conformity to law as well as the methods of audit and sanctions to be applied in case of inconformity to law shall be indicated in law. the constitutional court shall be assisted by the court of accounts in performing its task of auditing. the judgments rendered by the constitutional court because of the auditing shall be final. the dissolution of political parties shall be decided finally by the constitutional court after the filing of a suit by the office of the chief public prosecutor of the court of cassation. the permanent dissolution of a political party shall be decided when it is established that the statute and program of the political party violate the provisions of the fourth paragraph of article 68. the decision to dissolve a political party permanently owing to activities violating the provisions of the fourth paragraph of article 68 may be rendered only when the constitutional court determines that the party in question has become a centre for the execution of such activities. a political party shall be deemed to become the centre of such actions only when such actions are carried out intensively by the members of that party or the situation is shared implicitly or explicitly by the grand congress, general chairpersonship or the central decision-making or administrative organs of that party or by the group’s general meeting or group executive board at the grand national assembly of turkey or when these activities are carried out in determination by the abovementioned party organs directly. instead of dissolving it permanently in accordance with the above-mentioned paragraphs, the constitutional court may rule the concerned party to be deprived of state aid wholly or in part with respect to intensity of the actions brought before the court. a party which has been dissolved permanently shall not be founded under another name. the members, including the founders of a political party whose acts or statements have caused the party to be dissolved permanently shall not be founders, members, directors or supervisors in any other party for a period of five years from the date of publication of the constitutional court’s final decision with its justification for permanently dissolving the party in the official gazette. political parties that accept aid from foreign states, international institutions and persons and corporate bodies of non-turkish nationality shall be dissolved permanently. the foundation and activities of political parties, their supervision and dissolution, or their deprival of state aid wholly or in part as well as the election expenditures and procedures of the political parties and candidates, are regulated by law in accordance with the above-mentioned principles. iv. right to enter public service a. entry into public service article 70 every turk has the right to enter public service. no criteria other than the qualifications for the office concerned shall be taken into consideration for recruitment into public service. b. declaration of assets article 71 declaration of assets by persons entering public service and the frequency of such declarations shall be determined by law. those serving in the legislative and executive organs shall not be exempted from this requirement. v. national service article 72 national service is the right and duty of every turk. the manner in which this service shall be performed, or considered as performed, either in the armed forces or in public service, shall be regulated by law.  vi. duty to pay taxes article 73 everyone is under obligation to pay taxes according to his financial resources, in order to meet public expenditure. an equitable and balanced distribution of the tax burden is the social objective of fiscal policy. taxes, fees, duties, and other such financial obligations shall be imposed, amended, or revoked by law. the president of the republic may be empowered to amend the percentages of exemption, exceptions and reductions in taxes, fees, duties and other such financial obligations, within the minimum and maximum limits prescribed by law. vii. right of petition, right to information and appeal to the ombudsperson article 74 citizens and foreigners resident in turkey, with the condition of observing the principle of reciprocity, have the right to apply in writing to the competent authorities and to the grand national assembly of turkey with regard to the requests and complaints concerning themselves or the public. the result of the application concerning himself/herself shall be made known to the petitioner in writing without delay. everyone has the right to obtain information and appeal to the ombudsperson. the institution of the ombudsperson established under the grand national assembly of turkey examines complaints on the functioning of the administration. the chief ombudsperson shall be elected by the grand national assembly of turkey for a term of four years by secret ballot. in the first two ballots, a two-thirds majority of the total number of members, and in the third ballot an absolute majority of the total number of members shall be required. if an absolute majority cannot be obtained in the third ballot, a fourth ballot shall be held between the two candidates who have received the greatest number of votes in the third ballot; the candidate who receives the greatest number of votes in the fourth ballot shall be elected. the way of exercising these rights referred to in this article, the establishment, duties, functioning of the ombudsperson institution and its proceedings after the examination and the procedures and principles regarding the qualifications, elections and personnel rights of the chief ombudsperson and ombudspersons shall be laid down in law. part three. fundamental organs of the republic chapter one. legislative power i. the grand national assembly of turkey a. composition article 75 the grand national assembly of turkey shall be composed of six hundred deputies elected by universal suffrage. b. eligibility to be a deputy article 76 every turk over the age of eighteen is eligible to be a deputy. persons who have not completed at least primary education, who have been deprived of legal capacity, who are in relation with the military service, who are banned from public service, who have been sentenced to a prison term totalling one year or more excluding involuntary offences, or to a heavy imprisonment; those who have been convicted for dishonourable offences such as embezzlement, corruption, bribery, theft, fraud, forgery, breach of trust, fraudulent bankruptcy; and persons convicted of smuggling, conspiracy in official bidding or purchasing, of offences related to the disclosure of state secrets, of involvement in acts of terrorism, or incitement and encouragement of such activities, shall not be elected as a deputy, even if they have been granted amnesty. judges and prosecutors, members of the higher judicial organs, lecturers at institutions of higher education, members of the council of higher education, employees of public institutions and agencies who have the status of civil servants, other public employees not regarded as labourers on account of the duties they perform, and members of the armed forces shall not stand for election or be eligible to be a deputy unless they resign from office. c. election term of the grand national assembly of turkey article 77 elections for the grand national assembly of turkey and the presidency of the republic shall be held on the same day every five years. a deputy whose term of office expires is eligible for re-election. if the simple majority is not obtained in the first round of presidential elections, a second round of voting is held according to procedure stated in article 101. d. deferment of elections and by-elections article 78 if holding new elections is deemed impossible because of war, the grand national assembly of turkey may decide to defer elections for a year. if the grounds do not disappear, the deferment may be repeated in compliance with the procedure for deferment. by-elections shall be held when vacancies arise in the membership of the grand national assembly of turkey. by-elections shall be held once in every election term and cannot be held unless thirty months elapse after the general election. however, in cases where the number of vacant seats reaches five per cent of the total number of seats, by-elections decided to be held within three months. by-elections shall not be held within one year before general elections. apart from the above specified situations, if all the seats of a province or electoral district fall vacant in the assembly, a by-election shall be held on the first sunday after ninety days following the vacancy. the third paragraph of article 127 of the constitution shall not apply for elections held per this paragraph. e. general administration and supervision of elections article 79 elections shall be held under the general administration and supervision of the judicial organs. the supreme board of election shall execute all the functions to ensure the fair and orderly conduct of elections from the beginning to the end, carry out investigations and take final decisions, during and after the elections, on all irregularities, complaints and objections concerning the electoral matters, and receive the electoral records of the members of the grand national assembly of turkey and presidential election. no appeal shall be made to any authority against the decisions of the supreme board of election. the functions and powers of the supreme board of election and other electoral boards shall be determined by law. the supreme board of election shall be composed of seven regular members and four substitutes. six of the members shall be elected by the general board of court of cassation, and five of the members shall be elected by the general board of council of state from amongst their own members, by the vote of the absolute majority of the total number of members through secret ballot. these members shall elect a chairperson and a vice-chairperson from amongst themselves, by absolute majority and secret ballot. amongst the members elected to the supreme board of election by the court of cassation and by the council of state, two members from each group shall be designated by lot as substitute members. the chairperson and vice-chairperson of the supreme board of election shall not take part in this procedure. the general conduct and supervision of a referendum on laws amending the constitution and of election of the president of the republic by people shall be subject to the same provisions relating to the election of deputies. f. provisions relating to membership 1. representing the nation article 80 members of the grand national assembly of turkey shall not represent their own constituencies or constituents, but the nation as a whole. 2. oath-taking article 81 members of the grand national assembly of turkey, on assuming office, shall take the following oath: “i swear upon my honour and integrity, before the great turkish nation, to safeguard the existence and independence of the state, the indivisible integrity of the country and the nation, and the absolute sovereignty of the nation; to remain loyal to the supremacy of law, to the democratic and secular republic, and to atatürk’s principles and reforms; not to deviate from the ideal according to which everyone is entitled to enjoy human rights and fundamental freedoms under the notion of peace and prosperity in society, national solidarity and justice, and loyalty to the constitution.” 3. activities incompatible with membership article 82 members of the grand national assembly of turkey shall not hold office in state departments and other public corporate bodies and their subsidiaries; in corporations and enterprises where there is direct or indirect participation of the state or public corporate bodies; in the enterprises and corporations where the state and other public corporate bodies take part directly or indirectly; in the executive and supervisory boards of public benefit associations whose private resources of revenues and privileges are provided by law; of the foundations receiving subsidies from the state and enjoying tax exemption; of the professional organizations having the characteristics of public institutions and trade unions; and in the executive and supervisory boards of aforementioned enterprises and corporations which they have a share and in their higher bodies. nor shall they be representatives, accept any contracted engagement of the boards stated above directly or indirectly, serve as a representative, or perform as an arbitrator therein. members of the grand national assembly of turkey shall not be entrusted with any official or private duties involving proposal, recommendation, appointment, or approval by the executive organ. other duties and activities incompatible with membership in the grand national assembly of turkey shall be regulated by law. 4. parliamentary immunity article 83 members of the grand national assembly of turkey shall not be liable for their votes and statements during parliamentary proceedings, for the views they express before the assembly, or, unless the assembly decides otherwise, on the proposal of the bureau for that sitting, for repeating or revealing these outside the assembly. a deputy who is alleged to have committed an offence before or after election shall not be detained, interrogated, arrested or tried unless the assembly decides otherwise. this provision shall not apply in cases where a member is caught in flagrante delicto requiring heavy penalty and in cases subject to article 14 of the constitution as long as an investigation has been initiated before the election. however, in such situations the competent authority has to notify the grand national assembly of turkey of the case immediately and directly. the execution of a criminal sentence imposed on a member of the grand national assembly of turkey either before or after his election shall be suspended until he ceases to be a member; the statute of limitations does not apply during the term of membership. investigation and prosecution of a re-elected deputy shall be subject to the assembly’s lifting the immunity anew. political party groups in the grand national assembly of turkey shall not hold debates or take decisions regarding parliamentary immunity. 5. loss of membership article 84 the loss of membership of a deputy who has resigned shall be decided upon by the plenary of the grand national assembly of turkey after the bureau of the grand national assembly of turkey attests to the validity of the resignation. the loss of membership, through a final judicial sentence or deprivation of legal capacity, shall take effect after the plenary has been notified of the final court decision on the matter. the loss of membership of a deputy who insists on holding a position or carrying out a service incompatible with membership according to article 82 shall be decided by the plenary through secret voting, upon the submission of a report drawn up by the authorized committee setting out the factual situation. loss of membership of a deputy who fails to attend parliamentary proceedings without excuse or leave of absence for five sessions, in a period of one month shall be decided upon by the plenary with a majority of the total number of members after the bureau of the assembly determines the situation. 6. application for annulment article 85 if the parliamentary immunity of a deputy has been lifted or if the loss of membership has been decided according to the first, third or fourth paragraphs of article 84, the deputy in question or another deputy may, within seven days from the date of the decision of the plenary, appeal to the constitutional court, for the decision to be annulled on the grounds that it is contrary to the constitution, law or the rules of procedure. the constitutional court shall make the final decision on the appeal within fifteen days. 7. salaries and travel allowances article 86 salaries, travel allowances and retirement procedures of the members of the grand national assembly of turkey shall be regulated by law. the monthly amount of the salary shall not exceed the salary of the most senior civil servant; the travel allowance shall not surpass half of that salary. the members of the grand national assembly of turkey and retired members are affiliated with the pension fund of the turkish republic, and the affiliation of those whose membership have expired continue upon their request. the salaries and allowances to be paid to the members of the grand national assembly of turkey shall not necessitate the termination of pensions and similar payments entitled by the pension fund of the turkish republic. a maximum of three months’ salaries and travel allowances may be paid in advance. ii. duties and powers of the grand national assembly of turkey a. general article 87 the duties and powers of the grand national assembly of turkey are to enact, amend, and repeal laws; to debate and adopt the budget bills and final accounts bills; to decide to issue currency and declare war; to approve the ratification of international treaties, to decide with the majority of three-fifths of the grand national assembly of turkey to proclaim amnesty and pardon; and to exercise the powers and carryout the duties envisaged in the other articles of the constitution. b. introduction and deliberation of bills article 88 deputies are empowered to introduce bills. the procedure and principles regarding the deliberation of private members' bills in the grand national assembly of turkey shall be regulated by the rules of procedure. c. promulgation of laws by the president of the republic article 89 the president of the republic shall promulgate the laws adopted by the grand national assembly of turkey within fifteen days. the president of the republic shall send the laws that he deems, in whole or in part, unsuitable for promulgation, along with the justification, back to the grand national assembly of turkey for reconsideration in the same period. in case of being partially deemed unsuitable by the president of the republic, the grand national assembly of turkey may discuss only those articles. budget laws shall not be subject to this provision. if the grand national assembly of turkey adopts the law sent back for reconsideration with the absolute majority of total number of members without any amendment, the law shall be promulgated by the president of the republic; if the assembly makes a new amendment to the law, the president of the republic may send the amended law back for reconsideration. provisions relating to constitutional amendments are reserved. d. ratification of international treaties article 90 the ratification of treaties concluded with foreign states and international organisations on behalf of the republic of turkey shall be subject to adoption by the grand national assembly of turkey by a law approving the ratification. agreements regulating economic, commercial or technical relations, and covering a period of no more than one year, may be put into effect through promulgation, provided they do not entail any financial commitment by the state, and provided they do not interfere with the status of individuals or with the property rights of turks abroad. in such cases, these agreements shall be brought to the knowledge of the grand national assembly of turkey within two months of their promulgation. implementation agreements based on an international treaty, and economic, commercial, technical, or administrative agreements, which are concluded depending on the authorization as stated in the law, shall not require approval of the grand national assembly of turkey. however, economic, commercial agreements or agreements relating to the rights of individuals concluded under the provision of this paragraph shall not be put into effect unless promulgated. agreements resulting in amendments to turkish laws shall be subject to the provisions of the first paragraph. international agreements duly put into effect have the force of law. no appeal to the constitutional court shall be made with regard to these agreements, on the grounds that they are unconstitutional. in the case of a conflict between international agreements, duly put into effect, concerning fundamental rights and freedoms and the laws due to differences in provisions on the same matter, the provisions of international agreements shall prevail. e. authorization to issue decrees having the force of law article 91 (repealed on january 21, 2017; act no. 6771) f. declaration of state of war and authorization to deploy the armed forces article 92 the power to authorize the declaration of a state of war in cases deemed legitimate by international law and except where required by international treaties to which turkey is a party or by the rules of international courtesy to send the turkish armed forces to foreign countries and to allow foreign armed forces to be stationed in turkey, is vested in the grand national assembly of turkey. if the country is subjected to sudden armed aggression, while the grand national assembly of turkey is adjourned or in recess, and it thus becomes imperative to decide immediately on the use of the armed forces, the president of the republic can decide on the use of the turkish armed forces. iii. provisions relating to the activities of the grand national assembly of turkey a. convening and recess article 93 the grand national assembly of turkey shall convene of its own accord on the first day of october each year. the assembly may be in recess for a maximum of three months in a legislative year; during adjournment or recess it may be summoned by the president of the republic. the speaker of the assembly may also summon the assembly either on his own initiative or at the written request of one fifth of the members. the grand national assembly of turkey convened during an adjournment or recess shall not adjourn or go into recess again before having given priority consideration to the matter requiring the summons. b. bureau of the assembly article 94 the bureau of the assembly of the grand national assembly of turkey shall be composed of the speaker, vice-speakers, secretaries, and quaestors elected from among members of the assembly. the bureau of the assembly shall be so composed as to ensure proportionate representation to the number of members of each political party group in the assembly. political party groups shall not nominate candidates for the office of the speaker. two elections to the bureau of the grand national assembly of turkey shall be held in one legislative term. the term of office of those elected in the first round is two years and the term of office of those elected in the second round shall continue until the end of that legislative term. the candidates from among the members of the assembly for the office of the speaker of the grand national assembly of turkey shall be announced, within five days of the convening of the assembly, to the bureau of the assembly. election of the speaker shall be held by secret ballot. in the first two ballots, a two-thirds majority of the total number of members, and in the third ballot an absolute majority of the total number of members is required. if an absolute majority cannot be obtained in the third ballot, a fourth ballot shall be held between the two candidates who have received the highest number of votes in the third ballot; the member who receives the greatest number of votes in the fourth ballot shall be elected as speaker. the election of the speaker shall be completed within five days after the expiry of the period for the nomination of candidates. the quorum required for election, the number of ballots and its procedure, the number of vice-speakers, secretaries and quaestors, shall be determined by the rules of procedure. the speaker and vice-speakers of the grand national assembly of turkey cannot participate, within or outside the assembly, in the activities of the political party or party group in which they are a member; nor in parliamentary debates, except in cases required by their functions; the speaker and the vice-speaker who is presiding over the session shall not vote. c. rules of procedure, political party groups and security affairs article 95 the grand national assembly of turkey shall carry out its activities in accordance with the provisions of the rules of procedure drawn up by itself. the provisions of the rules of procedure shall be drawn up in such a way as to ensure the participation of each political party group in all the activities of the assembly in proportion to its number of members. political party groups shall be constituted only if they have at least twenty members. all security and administrative services of the grand national assembly of turkey regarding all buildings, installations, annexes and lands shall be organised and directed by the office of the speaker of the assembly. sufficient forces to ensure security and other such services shall be allocated to the office of the speaker of the assembly by the relevant authorities. d. quorums and majority for decisions article 96 the grand national assembly of turkey shall convene with at least one-third of the total number of members for all its affairs, including elections it holds. unless otherwise stipulated in the constitution, the grand national assembly of turkey shall take decisions by an absolute majority of those present; however, the majority for decision can, under no circumstances, be less than one plus a quarter of the total number of members. e. publicity and publication of debates article 97 debates held in the plenary of the grand national assembly of turkey shall be public and shall be published verbatim in the journal of minutes. the grand national assembly of turkey may hold closed sittings in accordance with the provisions of the rules of procedure; the publication of debates of such sittings shall be subject to the decision of the grand national assembly of turkey. public debates in the assembly may be freely published through all means, unless a decision to the contrary is adopted by the assembly upon a proposal of the bureau. iv. ways of obtaining information and supervision by the grand national assembly of turkey a. general article 98 the grand national assembly of turkey shall exercise its powers of acquiring information and supervision by means of parliamentary inquiry, general debate, censure, parliamentary investigation, and written question. a parliamentary inquiry is an examination conducted to acquire information on a specific subject. a general debate is the consideration of a specific subject relating to the community and the activities of the state at the plenary of the grand national assembly of turkey. a parliamentary investigation is an investigation about the vice-presidents of the republic and the ministers conducted according to the fifth, sixth, seventh paragraphs of article 106. a written question is a request for information addressed to the vice-presidents of the republic of ministers by deputies to be answered in writing within fifteen days at the latest. the form of presentation, content, and scope of the motions concerning parliamentary inquiry, general debate and written question and the procedures of inquiry shall be regulated by the rules of procedure. b. censure article 99 (repealed on january 21, 2017; act no. 6771) c. parliamentary investigation article 100 (repealed on january 21, 2017; act no. 6771) chapter two. the executive power i. president of the republic a. nomination and election article 101 the president of the republic shall be elected directly by the public from among turkish citizens who are eligible to be deputies, who are over forty years of age and who have completed higher education. the president of the republic’s term of office shall be five years. a person may be elected as president of the republic for two terms at most. political party groups, political parties which have recieved more than five percent of the valid votes in sum alone or jointly in the latest parliamentary elections, or at least a hundred thousand electorates may nominate a candidate for presidency of the republic. if a deputy is elected as the president of the republic, his/her membership of the grand national assembly of turkey shall cease. in presidential elections conducted by universal suffrage, the candidate who receives the absolute majority of the valid votes cast shall be elected president of the republic. if such a majority cannot be obtained in the first ballot, the second ballot shall be held on the second sunday following this ballot. the first two top rated candidates in first ballot shall run for the second, and the candidate who receives the majority of the valid votes cast shall be elected president of the republic. if one of the candidates who is entitled to run for the second ballot is unable to participate in the election for any reason whatsoever, the second ballot shall be conducted by substituting the vacant candidacy in conformity with the ordering constituted in the first ballot. where only one candidate remains for the second ballot, this ballot shall be conducted as a referendum. should the candidate receive the majority of the valid votes, he/she shall be elected the president of the republic. if that candidate cannot receive the majority of the valid votes cast in election, only presidential election is renewed. if the elections cannot be completed the term of office of the incumbent president of the republic shall continue until the president of the republic-elect takes the office. other procedures and principles concerning presidential elections shall be regulated by law. b. election article 102 (repealed on january 21, 2017; act no. 6771) c. oath-taking article 103 on assuming office, the president of the republic shall take the following oath before the grand national assembly of turkey: “in my capacity as president of the republic, i swear upon my honour and integrity before the great turkish nation and before history to safeguard the existence and independence of the state, the indivisible integrity of the country and the nation, and the absolute sovereignty of the nation, to abide by the constitution, the rule of law, democracy, the principles and reforms of atatürk, and the principles of the secular republic, not to deviate from the ideal according to which everyone is entitled to enjoy human rights and fundamental freedoms under conditions of national peace and prosperity and in a spirit of national solidarity and justice, and do my utmost to preserve and exalt the glory and honour of the republic of turkey and perform without bias the functions that i have assumed.” d. duties and powers article 104 the president of the republic is the head of the state. executive power belongs to the president of the republic. in this capacity, he/she shall represent the republic of turkey and the unity of the turkish nation; he/she shall ensure the implementation of the constitution, and the regular and harmonious functioning of the organs of the state. if he/she deems it necessary, delivers the opening speech of the grand national assembly of turkey on the first day of the legislative year. he/she gives message to the assembly about domestic and foreign policy of the country. he/she promulgates laws. he/she returns laws for reconsideration to the grand national assembly of turkey. he/she lodges an action for annulment with the constitutional court for the whole or certain provisions of enacted laws, the rules of procedure of the grand national assembly of turkey on the grounds that they are unconstitutional in form or in substance. he/she appoints and dismisses vice-presidents of the republic and ministers. he/she appoints and dismisses high level state officials, and regulates the procedures and principles relating to the appointment of these, by presidential decrees. he/she accredits representatives of the turkish state to foreign states and receives the representatives of foreign states appointed to the republic of turkey. he/she ratifies and promulgates international treaties. he/she holds a referendum, if he/she deems it necessary, on laws regarding amendment to the constitution. he/she determines the national security policies and takes the necessary measures. he/she represents the office of commander-in-chief of the turkish armed forces on behalf of the grand national assembly of turkey. he/she decides on the use of the turkish armed forces. he/she commutes or revokes the sentences imposed on certain individuals, on grounds of chronic illness, disability and old age. the president of the republic may issue presidential decrees on matters relating to the executive power. the fundamental rights, individual rights and duties included in the first and second chapters, and the political rights and duties listed in the fourth chapter of the second part of the constitution, shall not be regulated by presidential decrees. no presidential decrees shall be issued on matters to be regulated exclusively by law embodied in the constitution. no presidential decree shall be issued on matters explicitly regulated by law. in the case of a conflict between presidential decrees and the laws due to differences in provisions on the same matter, the provisions of law shall prevail. in case the grand national assembly of turkey introduces a law on the same matter, the presidential decree shall become null and void. the president of the republic may issue by-laws in order to ensure the implementation of laws providing that they are not contrary to these laws and regulations. decrees and by-laws shall come into force on the day of their publication in the official gazette unless a date later than publication is determined. the president of the republic shall also exercise powers of election and appointment, and perform the other duties conferred on him/her by the constitution and laws. e. criminal liability of the president of the republic article 105 parliamentary investigation may be requested claiming that the president of the republic commits a crime through a motion tabled by an absolute majority of the total number of members of the grand national assembly of turkey. the assembly shall debate this request within one month at the latest and may decide to open an investigation through a three-fifths majority in secret ballot. where a decision to launch an investigation is made, the investigation shall be conducted by a committee of fifteen members, chosen by lot, for each political party in the assembly, separately from among three times candidates nominated for each seat reserved to party groups in proportion to their number of seats. the committee shall submit its report on the result of the investigation to the office of the speaker of the assembly within two months. in case the investigation is not completed within the time allotted, the committee shall be granted a further and final period of one month. following its submission to the office of the speaker, the report shall be distributed within ten days and debated in the plenary within ten days after its distribution. the grand national assembly of turkey may decide to refer the case to the supreme court with two-thirds majority of the total number of members through secret ballot. the supreme court trial shall be concluded in three months, if the trial is not completed within the time allotted, a further three months shall be granted for once, and the trial shall absolutely be completed within that time. the president of the republic regarding whom an investigation is decided to be launched cannot decide to hold elections. the term of office of the president of the republic, who is convicted by the supreme court of a crime that prevents from being elected, shall cease. the alleged offences committed by the president of the republic during the term of office shall be subject to the provisions of this article also after the term of office expires. f. vice-presidents of the republic, acting president of the republic and ministers article 106 after being elected, the president of the republic may appoint one or more vice-presidents of the republic. in case the office of the president of the republic falls vacant for any reason, the election of the president of the republic shall be held in forty five days. until a new one is elected, the vice-president of the republic shall deputise, and he/she shall exercise the powers of the president of the republic. if the general election is to be held within a year or less, the election of the grand national assembly of turkey shall be renewed together with the election of the president of the republic. if the general election is to be held in over one year, the president of the republic newly elected shall continue to serve until the election date of the grand national assembly of turkey. for the president of the republic who is completing that remaining period, this time-frame shall not be counted as the term of office. both elections shall be held together at the date of the general elections of the grand national assembly of turkey. in the event of a temporary absence of the president of the republic on account of illness, travel abroad or similar circumstances, the vice-president of the republic shall serve as acting president of the republic and exercise the powers of the president of the republic. vice-presidents of the republic and ministers shall be appointed from among those eligible to be elected as deputies and dismissed by the president of the republic. vice-presidents of the republic and ministers shall take their oaths before the grand national assembly of turkey, as written in article 81. if members of the grand national assembly of turkey are appointed as vice-presidents of the republic or ministers, their parliamentary membership shall cease. vice-presidents of the republic and ministers shall be accountable to the president of the republic. parliamentary investigation alleging that they committed a task-related crime may be requested against the vice-presidents of the republic and ministers through a motion tabled by an absolute majority of the total number of members of the grand national assembly of turkey. the assembly shall debate on this request within one month at the latest and may decide to open an investigation with a three-fifths majority in secret ballot. where a decision to launch an investigation is made, the investigation shall be conducted by a committee of fifteen members, chosen by lot, for each political party in the assembly, separately from among three times candidates nominated for each seat reserved to party groups in proportion to their number of seats. the committee shall submit its report on the result of the investigation to the office of the speaker within two months. in case the investigation is not completed within the time allotted, the committee shall be granted a further and final period of one month. following its submission to the office of the speaker, the report shall be distributed within ten days and debated in the plenary within ten days after its distribution. the grand national assembly of turkey may decide to refer the case before the supreme court with two-thirds majority of the total number of members through secret ballot. the supreme court trial shall be concluded in three months, if the trial is not completed within the time allotted, a further three months shall be granted for once, and the trial shall absolutely be completed within that time. the alleged task-related offences committed during their terms of offices shall also be subject to the provisions of paragraphs (5), (6) and (7) after the termination of their duties. the term of office of the vice-president of the republic or minister, who is convicted by the supreme court of a crime that prevents from being elected, shall cease. during the term of office, for the alleged offences which are not task-related, vice-presidents of the republic and ministers shall enjoy parliamentary immunity. the formation, abolition, functions, powers and organisation, and formation of central and regional organisation of the ministries shall be regulated by presidential decrees. g. general secretariat of the president of the republic article 107 (repealed on january 21, 2017; act no. 6771) h. state supervisory council article 108 the state supervisory council which was established under the office of the presidency of the republic, with the purpose of ensuring the lawfulness, regular and efficient functioning and improvement of administration, conduct all administrative investigations, inquiries, investigations and inspections of all public bodies and organizations, all enterprises in which those public bodies and organizations share more than half of the capital, public professional organizations, employers’ associations and labour unions at all levels, and public welfare associations and foundations, upon the request of the president of the republic. judicial organs are outside the jurisdiction of the state supervisory council. the chairperson and the members of the state supervisory council shall be appointed by the president of the republic. the functioning of the state supervisory council, the term of office of its members, and other personnel matters relating to their status shall be regulated by presidential decree. ii. council of ministers a. formation article 109 (repealed on january 21, 2017; act no. 6771) b. taking office and vote of confidence article 110 (repealed on january 21, 2017; act no. 6771) c. vote of confidence while in office article 111 (repealed on january 21, 2017; act no. 6771) d. functions and political responsibilities article 112 (repealed on january 21, 2017; act no. 6771) e. the formation of ministries, and ministers article 113 (repealed on january 21, 2017; act no. 6771) f. provisional council of ministers during elections article 114 (repealed on january 21, 2017; act no. 6771) g. regulations article 115 (repealed on january 21, 2017; act no. 6771) h. renewal of elections to the grand national assembly of turkey and the president of the republic article 116 the grand national assembly may decide to renew elections with a three-fifths majority of the total number of members. in this case, general election of the grand national assembly and presidential elections shall be held together. in the event that the president of the republic decides to renew the elections, general election of the grand national assembly and presidential elections shall be held together. where the renewal of the elections is decided by the grand national assembly of turkey during the second term of the president of the republic, he/she may run for the presidency once more. the powers of the assembly and the president of the republic of which the renewal of elections is decided together, shall continue until inauguration of these organs. the terms of offices of the assembly and the president of the republic elected in this manner shall also be five years. i. national defence 1. offices of commander-in-chief and chief of the general staff article 117 the office of commander-in-chief is inseparable from the spiritual existence of the grand national assembly of turkey and is represented by the president of the republic. the president of the republic shall be responsible to the grand national assembly of turkey for national security and for the preparation of the armed forces for the defence of the country. the chief of the general staff, appointed by the president of the republic, is the commander of the armed forces, and in time of war, exercises the duties of commander-in-chief on behalf of the president of the republic. 2. national security council article 118 the national security council shall be composed of vice-presidents of the republic, ministers of justice, national defence, internal affairs, and foreign affairs, the chief of the general staff, the commanders of the land, naval and air forces under the chairpersonship of the president of the republic. depending on the particulars of the agenda, ministers and other persons concerned may be invited to meetings of the council and their views heard. the national security council shall submit to the president of the republic the advisory decisions taken with regard to the formulation, determination, and implementation of the national security policy of the state and its views on ensuring the necessary coordination. the president of the republic shall evaluate decisions of the national security council concerning the measures that it deems necessary for the preservation of the existence and independence of the state, the integrity and indivisibility of the country, and the peace and security of society. the agenda of the national security council shall be drawn up by the president of the republic taking into account the proposals of the vice-presidents of the republic and the chief of the general staff. in the absence of the president of the republic, the national security council shall convene under the chairpersonship of the vice-president of the republic. the organization and duties of the general secretariat of the national security council shall be regulated by presidential decree. iii. state of emergency administration article 119 the president of the republic may declare state of emergency in one or more regions or throughout the country for a period not exceeding six months in the event of war, the emergence of a situation necessitating war, mobilization, uprising, strong and actual attempt against homeland and republic, widespread acts of violence of internal or external origin threatening the indivisibility of the country and the nation, emergence of widespread acts of violence which are aimed at the destruction of the constitutional order or the fundamental rights and freedoms, severly destruction of public order due to acts of violence, and emergence of natural disaster, dangerous pandemic disease or severe economic crises. the decision of declaration of state of emergency shall be published on the issuing day in the official gazette, and submitted to the grand national assembly of turkey for approval, on the same day. if the grand national assembly of turkey is in recess, it shall be immediately summoned. the grand national assembly of turkey may, when it deems necessary, reduce or extend the period of state of emergency, or lift it. the grand national assembly of turkey may extend the period of state of emergency for a maximum of four months each time upon the president of the republic ’s request. in the event of state of war, the limit of four months does not apply. the financial, material and labour obligations which are to be imposed on citizens in the event of the declaration of state of emergency and the manner how fundamental rights and freedoms shall be restricted or suspended temporarily in line with the principles of article 15, which provisions shall be applied, and how the procedures shall be exercised, shall be regulated by law. during the state of emergency, the president of the republic, may issue presidential decrees on the matters necessitated by the state of emergency without the limitation set forth in the second sentence of the seventeenth paragraph of article 104. these decrees having the force of law shall be published in the official gazette, and shall be submitted to the grand national assembly of turkey on the same day for approval. save for the situations that the grand national assembly of turkey cannot convene due to war and force majeure; presidential decrees issued during the state of emergency shall be debated and concluded in the grand national assembly of turkey within three months. otherwise, the presidential decree issued in the state of emergency shall ex officio cease to have effect. article 120 (repealed on january 21, 2017; act no. 6771) article 121 (repealed on january 21, 2017; act no. 6771) article 122 (repealed on january 21, 2017; act no. 6771) iv. administration a. fundamentals of the administration 1. integrity of the administration and public coporate bodies article 123 the administration forms a whole, with regard to its constitution and functions, and shall be regulated by law. the organization and functions of the administration are based on the principles of centralization and decentralization. public corporate bodies shall be established only by law or by presidential decrees. 2. by-laws article 124 the president of the republic, the ministries, and public corporate bodies may issue by-laws in order to ensure the implementation of laws and presidential decrees relating to their jurisdiction, as long as they are not contrary to these laws and presidential decrees. the law shall designate which by-laws are to be published in the official gazette. b. judicial review article 125 recourse to judicial review shall be available against all actions and acts of administration. in concession, conditions and contracts concerning public services and national or international arbitration may be suggested to settle the disputes arising from them. only those disputes involving an element of foreignness may be submitted to international arbitration. recourse to judicial review shall be available against all decisions taken by the supreme military council regarding expulsion from the armed forces except acts regarding promotion and retiring due to lack of tenure. time limit to file a lawsuit against an administrative act begins from the date of written notification of the act. judicial power is limited to the review of the legality of administrative actions and acts, and in no case may it be used as a review of expediency. no judicial ruling shall be passed which restricts the exercise of the executive function in accordance with the forms and principles prescribed by law, which has the quality of an administrative action and act, or which removes discretionary powers. a justified decision regarding the suspension of execution of an administrative act may be issued, should its implementation result in damages which are difficult or impossible to compensate for and, at the same time, the act would be clearly unlawful. the law may restrict the issuing of an order on suspension of execution of an administrative act in cases of state of emergency, mobilization and state of war, or on the grounds of national security, public order and public health. the administration shall be liable to compensate for damages resulting from its actions and acts. c. establishment of the administration 1. central administration article 126 in terms of central administrative structure, turkey is divided into provinces on the basis of geographical situation, economic conditions, and public service requirements; provinces are further divided into lower levels of administrative districts. the administration of the provinces is based on the principle of devolution of powers. central administrative organizations comprising several provinces may be established to ensure efficiency and coordination of public services. the functions and powers of these organizations shall be regulated by law. 2. local administrations article 127 local administrations are public corporate bodies established to meet the common local needs of the inhabitants of provinces, municipal districts and villages, whose principles of constitution and decision-making organs elected by the electorate are determined by law. the formation, duties and powers of the local administrations shall be regulated by law in accordance with the principle of local administration. the elections for local administrations shall be held every five years in accordance with the principles set forth in article 67. special administrative arrangements may be introduced by law for larger urban centres. loss of status and objections regarding the acquisition of the status of elected organs of local administrations shall be decided by judiciary. however, as a provisional measure until the final court judgment, the minister of internal affairs may remove from office those organs of local administration or their members against whom an investigation or prosecution has been initiated on grounds of offences related to their duties. the central administration has the power of administrative tutelage over the local administrations in the framework of principles and procedures set forth by law with the objective of ensuring the functioning of local services in conformity with the principle of the integrity of the administration, securing uniform public service, safeguarding the public interest and meeting local needs properly. the formation of local administrative bodies into a union with the permission of the president of the republic for the purpose of performing specific public services; and the functions, powers, financial and security arrangements of these unions, and their reciprocal ties and relations with the central administration, shall be regulated by law. these administrative bodies shall be allocated financial resources in proportion to their functions. d. provisions relating to public servants 1. general principles article 128 the fundamental and permanent functions required by the public services that the state, state economic enterprises and other public corporate bodies assigned to perform in accordance with principles of general administration, shall be carried out by public servants and other public employees. the qualifications, appointments, duties and powers, rights and responsibilities, salaries and allowances of public servants and other public officials, and other matters related to their status shall be regulated by law. however, provisions on collective agreement concerning financial and social rights are reserved. the procedure and principles governing the training of high rank administrators shall be specially regulated by law. 2. duties and responsibilities, and guarantees in disciplinary proceedings article 129 public servants and other public officials are obliged to carry out their duties with loyalty to the constitution and the laws. public servants, other public officials and members of public professional organizations or their higher bodies shall not be subjected to disciplinary penalties without being granted the right of defence. disciplinary decisions shall not be exempt from judicial review. provisions concerning the members of the armed forces, judges and prosecutors are reserved. compensation suits concerning damages arising from faults committed by public servants and other public officials in the exercise of their duties shall be filed only against the administration in accordance with the procedure and conditions prescribed by law, as long as the compensation is recoursed to them. prosecution of public servants and other public officials for alleged offences shall be subject, except in cases prescribed by law, to the permission of the administrative authority designated by law. e. institutions of higher education and their higher bodies 1. institutions of higher education article 130 for the purpose of training manpower to meet the needs of the nation and the country under a system of contemporary education principles, universities comprising several units and having scientific autonomy and public legal personality shall be established by the state and by law, to educate at different levels based on secondary education, to conduct research, to issue publications, to act as consultants, and to serve the country and humanity. institutions of higher education may be established, under the supervision and control of the state, by foundations in accordance with the procedures and principles set forth in the law as long as they do not pursue profit. the law shall provide for a balanced geographical distribution of universities throughout the country. universities, members of the teaching staff and their assistants may freely engage in all kinds of scientific research and publication. however, this shall not include the liberty to engage in activities against the existence and independence of the state, and against the integrity and indivisibility of the nation and the country. universities and units attached to them are under the supervision and inspection of the state and their security is ensured by the state. university presidents shall be elected and appointed by the president of the republic, and faculty deans by the council of higher education, in accordance with the procedures and provisions of the law. the administrative and supervisory organs of the universities and the teaching staff may not for any reason whatsoever be removed from their office by authorities other than those of the competent organs of the universities or by the council of higher education. the budgets drawn up by universities, after being examined and approved by the council of higher education shall be submitted to the ministry of national education, and shall be put into effect and supervised in conformity with the principles applied to central government budget. the establishment of institutions of higher education, their organs, their functioning and elections, their duties, authorities and responsibilities, the procedures to be followed by the state in the exercise of the right to supervise and inspect the universities, the duties of the teaching staff, their titles, appointments, promotions and retirement, the training of the teaching staff, the relations of the universities and the teaching staff with public institutions and other organizations, the level and duration of education, admission of students into institutions of higher education, attendance requirements and fees, principles relating to assistance to be provided by the state, disciplinary and penalty matters, financial affairs, personnel rights, rules to be abided by the teaching staff, the assignment of the teaching staff in accordance with inter-university requirements, the pursuance of training and education in freedom and under guarantee and in accordance with the requirements of contemporary science and technology, and the use of financial resources provided by the state to the council of higher education and the universities, shall be regulated by law. institutions of higher education established by foundations shall be subject to the provisions set forth in the constitution for institutions of higher education established by the state, as regards the academic activities, recruitment of teaching staff and security, except for financial and administrative matters. 2. superior bodies of higher education article 131 the council of higher education shall be established to plan, organize, administer, and supervise education provided by institutions of higher education, to orient teaching activities, education and scientific research, to ensure the establishment and development of these institutions in conformity with the objectives and principles set forth by law, to ensure the effective use of the resources allotted to the universities, and to plan for the training of the teaching staff. the council of higher education is composed of members appointed by the president of the republic from among candidates who are nominated by universities, and in accordance with the numbers, qualifications and election procedures prescribed by law, priority being given to those who have served successfully as faculty members or university presidents, and of members directly appointed by the president of the republic. the organization, functions, authority, responsibilities and operating principles of the council shall be regulated by law. 3. institutions of higher education subject to special provisions article 132 institutions of higher education attached to the turkish armed forces and to the national police organization are subject to the provisions of their respective special laws. f. radio and television supreme council, institutions of radio and television, and public affiliated news agencies article 133 radio and television stations shall be established and operated freely in conformity with rules to be determined by law. the radio and television supreme council, established for the purpose of regulation and supervision of radio and television activities, is composed of nine members. the members are elected, on the basis of number of members allocated to each political party group, by the plenary of the grand national assembly of turkey from among the candidates, twice the number of which is nominated by political party groups in proportion to their number of members. the formation, duties and powers of the radio and television supreme council, and qualifications, election procedures and term of office of its members shall be regulated by law. the unique radio and television institution established by the state as a public corporate body and the news agencies which receive aid from public corporate bodies shall be autonomous and their broadcasts shall be impartial. g. the atatürk high institution of culture, language and history article 134 the “atatürk high institution of culture, language and history” shall be established as a public corporate body, under the moral aegis of atatürk, under the supervision of and with the support of the president of the republic, attached to the minister to be assigned by the president of the republic, and composed of the atatürk research centre, the turkish language institution, the turkish history institution and the atatürk culture centre, in order to conduct scientific research, to produce publications and to disseminate information on the thought, principles and reforms of atatürk, turkish culture, turkish history and the turkish language. the financial interests bequeathed by atatürk in his will to the turkish language institution and turkish history institution are reserved and shall be allocated to them accordingly. the establishment, organs, operating procedures and personnel matters of the atatürk high institution of culture, language and history, and its authority over the institutions within it, shall be regulated by law. h. professional organizations having the characteristics of public institutions article 135 professional organizations having the characteristics of public institutions and their higher bodies are public corporate bodies established by law, with the objectives of meeting the common needs of the members of a given profession, to facilitate their professional activities, to ensure the development of the profession in keeping with common interests, to safeguard professional discipline and ethics in order to ensure integrity and trust in relations among its members and with the public; their organs shall be elected by secret ballot by their members in accordance with the procedure set forth in the law, and under judicial supervision. persons employed in principal and permanent positions in public institutions, or in state economic enterprises shall not be required to become members of public professional organizations. these professional organizations shall not engage in activities outside the aims for which they are established. political parties shall not nominate candidates in elections for the organs and higher bodies of these professional organizations. the rules concerning the administrative and financial supervision of these professional organizations by the state shall be prescribed by law. the responsible organs of professional organizations which engage in activities beyond their objectives shall be dissolved by court decision at the request of the authority designated by law or the public prosecutor, and new organs shall be elected in their place. however, where it is required for and delay constitutes a prejudice to national security, public order, prevention of commission or continuation of a crime, or an arrest, an authority may be vested with power by law to suspend the professional organizations and their higher bodies from activity. the decision of this authority shall be submitted for the approval of the judge having jurisdiction within twenty-four hours. the judge shall announce his/her decision within forty-eight hours; otherwise, this administrative decision shall be annulled automatically. i. presidency of religious affairs article 136 the presidency of religious affairs, which is within the general administration, shall exercise its duties prescribed in its particular law, in accordance with the principles of secularism, removed from all political views and ideas, and aiming at national solidarity and integrity. j. unlawful order article 137 if a person employed in any position or status in public services finds an order given by his/her superior to be contrary to the provisions of by-laws, presidential decrees, laws, or the constitution, he/she shall not carry it out, and shall inform the person giving the order of this inconsistency. however, if his/her superior insists on the order and renews it in writing, his/her order shall be executed; in this case the person executing the order shall not be held responsible. an order which in itself constitutes an offence shall under no circumstances be executed; the person who executes such an order shall not evade responsibility. exceptions designated by law relating to the execution of military duties and the protection of public order or public security in urgent situations are reserved. chapter three. judicial power i. general provisions a. independence of the courts article 138 judges shall be independent in the discharge of their duties; they shall give judgment in accordance with the constitution, laws, and their personal conviction conforming with the law. no organ, authority, office or individual may give orders or instructions to courts or judges relating to the exercise of judicial power, send them circulars, or make recommendations or suggestions. no questions shall be asked, debates held, or statements made in the legislative assembly relating to the exercise of judicial power concerning a case under trial. legislative and executive organs and the administration shall comply with court decisions; these organs and the administration shall neither alter them in any respect, nor delay their execution. b. security of tenure of judges and public prosecutors article 139 judges and public prosecutors shall not be dismissed, or unless they request, shall not be retired before the age prescribed by the constitution; nor shall they be deprived of their salaries, allowances or other rights relating to their status, even as a result of the abolition of a court or a post. exceptions indicated in law relating to those convicted for an offence requiring dismissal from the profession, those who are definitely established as unable to perform their duties because of ill-health, or those determined as unsuitable to remain in the profession, are reserved. c. judges and public prosecutors article 140 judges and public prosecutors shall serve as judges and public prosecutors of civil and administrative judiciary. these duties shall be carried out by professional judges and public prosecutors. judges shall discharge their duties in accordance with the principles of the independence of the courts and the security of the tenure of judges. the qualifications, appointment, rights and duties, salaries and allowances of judges and public prosecutors, their promotion, temporary or permanent change in their posts or place of duties, the initiation of disciplinary proceedings against them and the imposition of disciplinary penalties, the conduct of investigation concerning them and the subsequent decision to prosecute them on account of offences committed in connection with, or in the course of, their duties, the conviction for offences or instances of incompetence requiring their dismissal from the profession, their in-service training, and other matters relating to their personnel status shall be regulated by law in accordance with the principles of the independence of the courts and the security of tenure of judges. judges and public prosecutors shall serve until they are over the age of sixty-five. the mandatory retirement age, promotion and retirement of military judges shall be prescribed by law. judges and public prosecutors shall not assume any official or private occupation other than those prescribed by law. judges and public prosecutors shall be attached to the ministry of justice with respect to their administrative functions. those judges and public prosecutors working in administrative posts of judicial services shall be subject to the same provisions as other judges and public prosecutors. their categories and grades shall be determined according to the principles applying to judges and public prosecutors, and they shall enjoy all the rights accorded to judges and public prosecutors. d. publicity of hearings and the necessity of justification for verdicts article 141 court hearings shall be open to the public. it may be decided to conduct all or a part of a hearing in a closed session, but only in cases where absolutely necessitated by public morals or public security. special provisions regarding the trial of minors shall be laid down in the law. the decisions of all courts shall be written with a justification. it is the duty of the judiciary to conclude trials as quickly as possible and at minimum cost. e. formation of courts article 142 the formation, duties and powers, functioning and trial procedures of the courts shall be regulated by law. no military courts shall be formed other than disciplinary courts. however, in state of war, military courts may be formed with jurisdiction to try offences committed by military personnel related to their duties. f. state security courts article 143 (repealed on may 7, 2004; act no. 5170) g. supervision of judicial services article 144 supervision of judicial services and public prosecutors with regard to their administrative duties shall be carried out by the ministry of justice through judiciary inspectors and internal auditors who are from the profession of judge and public prosecutor, and inquiry, inspection and investigation proceedings through judiciary inspectors. relating procedures and principles shall be regulated by law. h. military justice article 145 (repealed on january 21, 2017; act no. 6771) ii. higher courts a. constitutional court 1. formation article 146 the constitutional court shall be composed of fifteen members. the grand national assembly of turkey shall elect, by secret ballot, two members from among three candidates to be nominated by and from among the president and members of the court of accounts, for each vacant position, and one member from among three candidates nominated by the heads of the bar associations from among self-employed lawyers. in this election to be held in the grand national assembly of turkey, for each vacant position, two thirds majority of the total number of members shall be required for the first ballot, and absolute majority of total number of members shall be required for the second ballot. if an absolute majority cannot be obtained in the second ballot, a third ballot shall be held between the two candidates who have received the greatest number of votes in the second ballot; the member who receives the greatest number of votes in the third ballot shall be elected. the president of the republic shall appoint three members from the court of cassation, two members from council of state from among three candidates to be nominated, for each vacant position, by their respective general assemblies, from among their presidents and members; three members, at least two of whom being law graduates, from among three candidates to be nominated for each vacant position by the council of higher education from among members of the teaching staff who are not members of the council, in the fields of law, economics and political sciences; four members from among high level executives, self-employed lawyers, first category judges and public prosecutors or rapporteurs of the constitutional court. in the elections to be held in the respective general assemblies of the court of cassation, council of state, the court of accounts and the council of higher education for nominating candidates for membership of the constitutional court, three persons obtaining the greatest number of votes shall be considered to be nominated for each vacant position. in the elections to be held for the three candidates nominated by the heads of bar associations from among self-employed lawyers, three persons obtaining the greatest number of votes shall be considered to be nominated. to qualify for appointments as members of the constitutional court, members of the teaching staff shall be required to possess the title of professor or associate professor; lawyers shall be required to have practiced as a lawyer for at least twenty years; high level executives shall be required to have completed higher education and to have worked for at least twenty years in public service, and first category judges and public prosecutors with at least twenty years of work experience including their period of candidacy, provided that they all shall be over the age of forty five. the constitutional court shall elect a president and two deputy presidents from among its members for a term of four years by secret ballot and by an absolute majority of the total number of its members. those whose term of office ends may be re-elected. the members of the constitutional court shall not assume other official and private duties, apart from their fundamental duties. 2. term of office of the members and termination of membership article 147 the members of the constitutional court shall be elected for a term of twelve years. a member shall not be re-elected. the members of the constitutional court shall retire when they are over the age of sixty-five. the appointment of the members to another office whose term of office expires prior to their mandatory age of retirement and matters regarding their personnel status shall be laid down in law. membership in the constitutional court shall terminate automatically if a member is convicted of an offence requiring his/her dismissal from the judicial profession, and by a decision of an absolute majority of the total number of members of the constitutional court if it is definitely established that he/she is unable to perform his/her duties on account of ill-health. 3. functions and powers article 148 the constitutional court shall examine the constitutionality, in respect of both form and substance, of laws, presidential decrees and the rules of procedure of the grand national assembly of turkey, and decide on individual applications. constitutional amendments shall be examined and verified only with regard to their form. however, presidential decrees issued during a state of emergency or in time of war shall not be brought before the constitutional court alleging their unconstitutionality as to form or substance. the verification of laws as to form shall be restricted to consideration of whether the requisite majority was obtained in the last ballot; the verification of constitutional amendments shall be restricted to consideration of whether the requisite majorities were obtained for the proposal and in the ballot, and whether the prohibition on debates under expedited procedure was observed. verification as to form may be requested by the president of the republic or by one-fifth of the members of the grand national assembly of turkey. applications for annulment on the grounds of defect in form shall not be made after ten days have elapsed from the date of promulgation of the law; and it shall not be appealed by other courts to the constitutional court on the grounds of defect in form. everyone may apply to the constitutional court on the grounds that one of the fundamental rights and freedoms within the scope of the european convention on human rights which are guaranteed by the constitution has been violated by public authorities. in order to make an application, ordinary legal remedies must be exhausted. in the individual application, judicial review shall not be made on matters required to be taken into account during the process of legal remedies. procedures and principles concerning the individual application shall be regulated by law. the constitutional court in its capacity as the supreme court shall try, for offences relating to their functions, the president of the republic, the speaker of the grand national assembly of turkey, vice-presidents of the republic, ministers, presidents and members of the constitutional court, court of cassation, council of state, council of judges and prosecutors, court of accounts, and chief public prosecutors and deputy public prosecutors. the chief of general staff, the commanders of the land, naval and air forces shall be tried in the supreme court for offences regarding their duties. the chief public prosecutor of the court of cassation or deputy chief public prosecutor of the court of cassation shall act as prosecutor in the supreme court. application for judicial review may be made against the decisions of the supreme court. decisions taken by the general assembly regarding the application shall be final. the constitutional court shall also perform the other duties given to it by the constitution. 4. procedure of functioning and trial article 149 the constitutional court consists of two sections and the general assembly. the sections convene under the chairpersonship of the deputy president with the participation of four members. the general assembly shall convene with the participation of at least ten members under the chairpersonship of the president of the constitutional court or a deputy president designated by the president. the sections and the general assembly shall take decisions by absolute majority. committees may be established to examine the admissibility of the individual applications. the general assembly shall hear the cases and applications concerning political parties, actions for annulment and objection, and trials where the constitutional court acts as the supreme court; the sections shall take the decision on individual applications annulment of constitutional amendments, dissolution of political parties, or their deprivation from state aid, shall be decided with a two-thirds majority of members attending the meeting. applications for annulment on the grounds of defect in form shall be examined and decided with priority by the constitutional court. the formation of the constitutional court, trial procedures of the general assembly and the sections, disciplinary matters of the president, the deputy presidents, and members shall be regulated by law; principles of functioning of the court, formation of the sections and committees, and the division of labour shall be set out by the internal regulations to be drawn up by the court. the constitutional court shall examine cases without holding a hearing, except where it acts as the supreme court. nonetheless, it may be decided to hold a hearing for individual applications. when it deems necessary, the court may also call on those concerned and those having knowledge relevant to the case, to hear their oral explanations, and in lawsuits on dissolution of a political party, the court shall hear the defence of the chairperson of the political party or of a proxy appointed by the chairperson, after hearing the chief public prosecutor of the court of cassation. 5. annulment action article 150 the president of the republic, the groups of two political parties which have the highest number of members in the grand national assembly of turkey and a minimum of one-fifth of the total number of members of the grand national assembly of turkey shall have the right to apply for annulment action directly to the constitutional court, based on the assertion of the unconstitutionality, in form and in substance, of laws, of presidential decrees, of rules of procedure of the grand national assembly of turkey or of certain articles or provisions thereof. 6. time limit for annulment action article 151 the right to apply for annulment directly to the constitutional court shall lapse sixty days after publication in the official gazette of the contested law, presidential decree or the rules of procedure. 7. claim of unconstitutionality before other courts article 152 if a court hearing a case finds that the law or the presidential decree to be applied is unconstitutional, or if convinced of the seriousness of a claim of unconstitutionality submitted by one of the parties, it shall postpone the consideration of the case until the constitutional court decides on the issue. if the trial court is not convinced of the seriousness of the claim of unconstitutionality, such a claim, together with the court judgment, shall be decided upon by the competent authority of appeal. the constitutional court shall decide on the matter and declare its judgment within five months of receiving the contention. if no decision is reached within this period, the trial court shall conclude the case under legal provisions in force. however, if the trial court receives the decision of the constitutional court until the judgment on the merits of the case is final, the trial court is obliged to comply with it. no claim of unconstitutionality shall be made with regard to the same legal provision until ten years elapse after publication in the official gazette of the decision of the constitutional court dismissing the application on its merits. 8. decisions of the constitutional court article 153 the decisions of the constitutional court are final. decisions of annulment shall not be made public without a written justification. in the course of annulling the whole, or a provision of laws or presidential decrees, the constitutional court shall not act as a lawmaker and pass judgment leading to new implementation. laws, presidential decrees, or the rules of procedure of the grand national assembly of turkey or provisions thereof, shall cease to have effect from the date of publication in the official gazette of the annulment decision. where necessary, the constitutional court may also decide on the date on which the annulment decision shall come into effect. that duration shall not be more than one year from the date of publication of the decision in the official gazette. in the event of the postponement of the date on which an annulment decision is to come into effect, the grand national assembly of turkey shall debate and decide with priority on the private members’ bill, designed to fill the legal void arising from the annulment decision. annulment decisions cannot be applied retroactively. decisions of the constitutional court shall be published immediately in the official gazette, and shall be binding on the legislative, executive, and judicial organs, on the administrative authorities, and on persons and corporate bodies. b. court of cassation article 154 the court of cassation is the last instance for reviewing decisions and judgments given by civil courts that are not referred by law to other civil judicial authority. it shall also be the first and last instance court for dealing with specific cases prescribed by law. members of the court of cassation shall be appointed by the council of judges and prosecutors from among first category judges and public prosecutors of the civil judiciary, or those considered members of this profession, by secret ballot and by an absolute majority of the total number of members. the first president, first deputy presidents and heads of departments shall be elected by the general assembly of the court of cassation from among its own members, for a term of four years, by secret ballot and by an absolute majority of the total number of members; they may be re-elected at the end of their term of office. the chief public prosecutor and the deputy chief public prosecutor of the court of cassation shall be appointed by the president of the republic for a term of four years from among five candidates nominated for each office by the general assembly of the court of cassation from among its own members by secret ballot. they may be re-elected at the end of their term of office. the organization and the functioning of the court of cassation, the qualifications and procedures of the election of its president, deputy presidents, heads of departments, members, chief public prosecutor and deputy chief public prosecutor shall be regulated by law in accordance with the principles of the independence of courts and the security of tenure of judges. c. council of state article 155 the council of state is the last instance for reviewing decisions and judgments given by administrative courts and not referred by law to other administrative courts. it shall also be the first and last instance for dealing with specific cases prescribed by law. the council of state shall try administrative cases, give its opinion within two months on the conditions and the contracts under which concessions are granted concerning public services, settle administrative disputes, and discharge other duties, as prescribed by law. three-fourths of the members of the council of state shall be appointed by the council of judges and prosecutors from among the first category administrative judges and public prosecutors, or those considered to be of this profession; and the remaining quarter by the president of the republic from among officials meeting the requirements designated by law. the president, chief public prosecutor, deputy presidents, and heads of departments of the council of state shall be elected by the general assembly of the council of state from among its own members for a term of four years by secret ballot and by an absolute majority of the total number of members. they may be re-elected at the end of their term of office. the organization and functioning of the council of state, the qualifications and procedures of election of its president, chief public prosecutor, deputy presidents, heads of departments, and members, shall be regulated by law in accordance with the principles of specific nature of the administrative jurisdiction, and of the independence of the courts and the security of tenure of judges. d. high military court of appeals article 156 (repealed on january 21, 2017; act no. 6771) e. high military administrative court article 157 (repealed on january 21, 2017; act no. 6771) f. court of jurisdictional disputes article 158 the court of jurisdictional disputes shall be empowered to deliver final judgments in disputes between civil and administrative courts concerning their jurisdiction and judgments. the organization of the court of jurisdictional disputes, the qualifications and electoral procedure of its members, and its functioning shall be regulated by law. the office of president of this court shall be held by a member delegated by the constitutional court from among its own members. decisions of the constitutional court shall take precedence in jurisdictional disputes between the constitutional court and other courts. iii. council of judges and prosecutors article 159 the council of judges and prosecutors shall be established and shall exercise its functions in accordance with the principles of the independence of the courts and the security of the tenure of judges. the council of judges and prosecutors shall be composed of thirteen members; shall comprise two chambers. the president of the council is the minister of justice. the undersecretary to the ministry of justice shall be an ex-officio member of the council. by the president of the republic, three members of the council shall be selected among civil judges and public prosecutors, who are first category judges or prosecutors and who have not lost the qualifications required for being a first category judge or prosecutor, and one member among administrative judges and public prosecutors who are first category judges or prosecutors and who have not lost the qualifications required for being a first category judge or prosecutor; by the grand national assembly of turkey, three members shall be selected from among members of the court of cassation, one member shall be selected from among members of the council of state and three members, the qualifications of whom are defined by law, from among academic members in the field of law of high education institution and lawyers. among the members elected from academic members and lawyers, at least one shall be an academic member and one shall be a lawyer. the applications for the memberships to be elected by the grand national assembly of turkey shall be made to the office of the speaker of the assembly. the office of the speaker conveys the applications to the joint committee composed of members of the committee on justice and the committee on constitution. the joint committee shall elect three candidates for each vacancy with a two-thirds majority of total number of members. if the procedure of electing candidates cannot be concluded in the first round, a threefifth majority of total number of members shall be required in the second round. if the candidates cannot be elected in this round as well, the procedure of electing candidates shall be completed by choosing a candidate by lot, for each membership among the two candidates who have received the highest number of votes. the grand national assembly of turkey shall hold a secret ballot election for each candidate the committee has identified. in the first round a two-thirds majority of total number of members shall be required; in case the election cannot be concluded in this round, in the second round a three-fifth majority of total number of members shall be required. where the member cannot be elected in the second round as well, the election shall be completed by choosing a candidate by lot among the two candidates who have received the highest number of votes. members shall be elected for a four year term. members may be re-elected, at the end of their term of office. the election of members to the council shall be held within thirty days before the expiry of the term of office of the members. in case of vacancies for members selected to the council prior to the expiry of the term of office, new members shall be appointed within thirty days following the vacancy. the members of the council, other than the minister of justice and the undersecretary to the ministry of justice, shall not assume any duties other than those prescribed by law or be appointed or elected to another office by the council during their term of office. the administration and the representation of the council are carried out by the president of the council. the president of the council shall not participate in the work of the chambers. the council shall elect the heads of chambers from among its members and one deputy president from among the heads of chambers. the president may delegate some of his/her powers to the deputy president. the council shall make the proceedings regarding the admission of judges and public prosecutors of civil and administrative courts into the profession, appointment, transfer to other posts, the delegation of temporary powers, promotion, and promotion to the first category, decision concerning those whose continuation in the profession is found to be unsuitable, the imposition of disciplinary penalties and removal from office; it shall take final decisions on proposals by the ministry of justice concerning the abolition of a court, or changes in the territorial jurisdiction of a court; it shall also exercise the other functions given to it by the constitution and laws. supervision of judges and public prosecutors with regard to the performance of their duties in accordance with laws and other legislations (administrative circulars, in the case of judges); investigation into whether they have committed offences in connection with, or in the course of their duties, whether their behaviour and conduct are in conformity with requirement of their status and duties and if necessary, inquiries and investigations concerning them shall be carried out by the council’s inspectors, upon the proposal of the related chambers and with the permission of the president of the high council of judges and prosecutors. the inquiries and investigations may also be carried out by a judge or public prosecutor who is senior to the judge or public prosecutor to be investigated. the decisions of the council, other than dismissal from the profession, shall not be subject to judicial review. a secretariat general shall be established under the council. the secretary general shall be appointed by the president of the council from among three candidates proposed by the council from among first category judges and public prosecutors. the council is empowered to appoint, with their consent, the council’s inspectors, judges, and public prosecutors to temporary or permanent functions in the council. the minister of justice is empowered to appoint judges, public prosecutors, judiciary inspectors, and internal auditors from the profession of judge and public prosecutor, with their consent, to temporary or permanent functions in the central, affiliated, or relevant institutions of the ministry of justice. the election of the members of the council, formation of the chambers and the division of labour between chambers, the duties of the council and its chambers, quorum for meetings and decisions, operating procedures and principles, objections to be made against the decisions and proceedings of the chambers and the examination procedure for these objections, and the establishment and the duties of the secretariat general shall be laid down in law. iv. court of accounts article 160 the court of accounts shall be charged with auditing, on behalf of the grand national assembly of turkey, revenues, expenditures, and assets of the public administrations financed by central government budget and social security institutions, with taking final decisions on the accounts and acts of the responsible officials, and with exercising the functions prescribed in laws in matters of inquiry, auditing and judgment. those concerned may file, only for once, a request for reconsideration of a final decision of the court of accounts within fifteen days of the date of written notification of the decision. no applications for judicial review of such decisions shall be filed in administrative courts. in case of conflict between the decisions of the council of state and the court of accounts, regarding taxes, similar financial obligations and duties, the decision of council of state shall prevail. auditing and final decision on the accounts and acts of local administrations shall be conducted by the court of accounts. the establishment, functioning, auditing procedures, qualifications, appointments, duties and powers, rights and obligations and other personnel matters of the members and guarantees of the president and the members of the court shall be regulated by law. part four. financial and economic provisions chapter one. financial provisions i. budget a. budget and final accounts article 161 the expenditure of the state and of public corporations, other than state economic enterprises, shall be determined by annual budgets. the beginning of the fiscal year and the preparation, implementation, and control of the central government budget and special periods and procedures for investments, or for business and services expected to last more than one year shall be defined by law. no provisions other than those pertaining to the budget shall be included in the budget act. the president shall submit central government budget bill to the grand national assembly of turkey at least seventy-five days prior to the beginning of the fiscal year. the budget bill shall be examined by the committee on budget. the budget bill adopted by the committee on budget within fifty-five days shall thereafter be debated and concluded by the plenary before the beginning of the fiscal year. in case the budget law cannot be put into force in time, a provisional budget shall be adopted. where a provisional budget cannot be adopted then the budget of the previous year increased by the revaluation rate shall be applied. members of the grand national assembly of turkey shall express their opinions, in the plenary, on public administrations’ budgets during the debates of each budget; they shall not make proposals that entail an increase in expenditure or a decrease in revenue. in the plenary, public administrations’ budgets and motions for amendments shall be read out and voted without debate. the appropriation granted by the central government budget shall indicate the limit of expenditure allowed. no provision shall be included in the budget to the effect that the limit of expenditure may be exceeded by a presidential decree. in motions of amendment entailing an increase in appropriations under the budget of the current fiscal year, and, in bills entailing financial burden in the budgets of the current or following fiscal year, the financial resources to meet the stated expenditure shall be indicated. central government final accounts bills shall be submitted to the grand national assembly of turkey by the president of the republic within six months at the latest after the end of the relevant fiscal year. the court of accounts shall submit its statement of general conformity to the assembly within seventy-five days of the submission of the final accounts bill to which it is related. the submission of the final accounts bills and the statement of general conformity to the grand national assembly of turkey shall not preclude the auditing and trial of the accounts for the relevant fiscal year that have not been concluded by the court of accounts, and shall not mean that a final decision has been taken on these accounts. final accounts bills shall be debated and decided in conjunction with the budget bill of the new fiscal year. b. debate on the budget article 162 (repealed on january 21, 2017; act no. 6771) c. principles governing budgetary amendments article 163 (repealed on january 21, 2017; act no. 6771) d. final accounts article 164 (repealed on january 21, 2017; act no. 6771) e. scrutiny of state economic enterprises article 165 the principles governing the scrutiny of the accounts of public institutions and partnerships where more than half of the capital directly or indirectly belongs to the state, by the grand national assembly of turkey, shall be regulated by law. chapter two. economic provisions i. planning; economic and social council article 166 planning the economic, social and cultural development, in particular the rapid, balanced and harmonious development of industry and agriculture throughout the country and the efficient use of national resources by taking inventory of and evaluating them, and the establishment of the necessary organization for this purpose are the duties of the state. measures to increase national savings and production, to ensure stability in prices and balance in external payments, to promote investment and employment shall be included in the plan; in investments, public interests and necessities shall be taken into account and the efficient use of resources shall be proposed. development activities shall be realized according to this plan. the procedure and principles governing the preparation of development plans, their approval by the grand national assembly of turkey, their implementation and revision, and the prevention of amendments disrupting the unity of the plan shall be regulated by law. the economic and social council shall be established to provide the president of the republic with consultative opinions in the formulation of economic and social policies. the establishment and functioning of the economic and social council shall be laid down in law. ii. supervision of markets and regulation of foreign trade article 167 the state shall take measures to ensure and promote the sound and orderly functioning of the markets for money, credit, capital, goods and services; and shall prevent the formation of monopolies and cartels in the markets, emerged in practice or by agreement. in order to regulate foreign trade for the benefit of the economy of the country, the president of the republic may be empowered by law to introduce additional financial impositions on imports, exports and other foreign trade transactions, except taxes and similar impositions, or to lift them. iii. exploration and exploitation of natural resources article 168 natural wealth and resources shall be under the authority and at the disposal of the state. the right to explore and exploit these belongs to the state. the state may delegate this right to persons or corporate bodies for a certain period. of the natural wealth and resources, those to be explored and exploited by the state in partnership with persons or corporate bodies, and those to be directly explored and exploited by persons or corporate bodies shall be subject to the explicit permission of the law. the conditions to be observed in such cases by persons and corporate bodies, the procedure and principles governing supervision and control by the state, and the sanctions to be applied shall be prescribed by law. iv. forests and the forest villagers a. protection and development of forests article 169 the state shall enact the necessary legislation and take the measures required for the protection and extension of forests. burnt forest areas shall be reafforested; other agricultural and stockbreeding activities shall not be allowed in such areas. all forests shall be under the care and supervision of the state. the ownership of state forests shall not be transferred. state forests shall be managed and exploited by the state in accordance with the law. ownership of these forests shall not be acquired by prescription, nor shall servitude other than that in the public interest be imposed in respect of such forests. acts and actions that might damage forests shall not be permitted. no political propaganda that might lead to the destruction of forests shall be made; no amnesties or pardons specifically for offences against forests shall be granted. offences committed with the intention of burning or destroying forests or reducing forest areas shall not be included within the scope of amnesties or pardons. the reducing of forest areas shall be prohibited, except in respect of areas whose preservation as forests is considered scientifically and technically useless but conversion into agricultural land has been found to be definitely advantageous, and in respect of fields, vineyards, orchards, olive groves or similar areas which technically and scientifically ceased to be forest before december 31, 1981 and whose use for agricultural or stockbreeding purposes has been found advantageous, and in respect of built-up areas in the vicinity of cities, towns or villages. b. protection of forest villagers article 170 measures shall be introduced by law to secure cooperation between the state and the inhabitants of villages located in or near forests in the supervision and exploitation of forests for the purpose of ensuring conservation of forests and their integrity, and improving the living conditions of these inhabitants; the law shall also regulate the exploitation of areas which technically and scientifically ceased to be forests before december 31, 1981; the identification of areas whose preservation as forest is considered scientifically and technically useless, their exclusion from forest boundaries and their improvement by the state for the purpose of settling all or some of the inhabitants of forest villages in them, and their allocation to these villages. the state shall take measures to facilitate the acquisition of equipment and other inputs by these inhabitants. the land owned by villagers resettled outside a forest shall immediately be reafforested as a state forest. v. developing cooperativism article 171 the state shall take measures, in keeping with national economic interests, to ensure the development of cooperativism, which shall be primarily aiming at increase in production and protection of consumers. vi. protection of consumers, tradespeople and artisans a. protection of consumers article 172 the state shall take measures to protect and inform consumers; shall encourage their initiatives to protect themselves. b. protection of tradespeople and artisans article 173 the state shall take measures to protect and support tradespeople and artisans. part five. miscellaneous provisions i. preservation of reform laws article 174 no provision of the constitution shall be construed or interpreted as rendering unconstitutional the reform laws indicated below, which aim to raise turkish society above the level of contemporary civilization and to safeguard the secular character of the republic, and whose provisions were in force on the date of the adoption of the constitution by referendum: act no. 430 of march 3, 1340 (1924) on the unification of the educational system, act no. 671 of november 25, 1341 (1925) on the wearing of hats, act no. 677 of november 30, 1341 (1925) on the closure of dervish monasteries and tombs, the abolition of the office of keeper of tombs and the abolition and prohibition of certain titles, the principle of civil marriage according to which the marriage act shall be concluded in the presence of the competent official, adopted with the turkish civil code no. 743 of february 17, 1926, and article 110 of the code, act no. 1288 of may 20, 1928 on the adoption of international numerals, act no. 1353 of november 1, 1928 on the adoption and application of the turkish alphabet, act no 2590 of november 26, 1934 on the abolition of titles and appellations such as efendi, bey or pasha, act no. 2596 of december 3, 1934 on the prohibition of the wearing of certain garments. part six. provisional articles provisional article 1 on the duly proclamation of the adoption of the constitution as the constitution of the republic of turkey by referendum, the chairperson of the council of national security and head of state at the time of the referendum, shall assume the title of president of the republic and shall exercise the constitutional functions and powers of the president of the republic for a period of seven years. the oath taken as head of state on september 18, 1980 shall remain valid. at the end of the period of seven years, the election for the presidency of the republic shall be held in accordance with the provisions set forth in the constitution. the president of the republic shall also hold the chairpersonship of the council of national security formed on december 12, 1980, under act no. 2356, until the convening of the grand national assembly of turkey and the formation of the bureau following the first general elections. if the presidency of the republic falls vacant for any reason before the grand national assembly of turkey convenes and assumes its functions at the end of the first general elections, the most senior member of the national security council shall act as president of the republic and exercise all his constitutional functions and powers until the grand national assembly of turkey convenes and elects a new president of the republic in accordance with the constitution. provisional article 2 the council of national security formed on december 12, 1980 under act no. 2356 shall continue to exercise its functions under act no. 2324 on the constitutional order and act no. 2485 on the constituent assembly until the convening of the grand national assembly of turkey and the formation of the bureau following the first general elections held under the political parties act and the elections act prepared in accordance with the constitution. after the adoption of the constitution, article 3 of act no. 2356 relating to the procedure for winning a seat on the council of national security that falls vacant for any reason shall cease to apply. after the grand national assembly of turkey has convened and assumed its functions, the council of national security shall become the presidential council for a period of six years, and the members of the council of national security shall acquire the title of members of the presidential council. the oath they took on september 18, 1980 as members of the council of national security shall remain valid. members of the presidential council shall enjoy the rights and immunities conferred by the constitution on members of the grand national assembly of turkey. the legal existence of the presidential council shall terminate on the expiry of the period of six years. the functions of the presidential council shall be as follows: to examine laws adopted by the grand national assembly of turkey and submitted to the president of the republic concerning: the fundamental rights and freedoms and duties set forth in the constitution, the principle of secularism, the preservation of the reforms of atatürk, national security and public order, the turkish radio and television corporation, international treaties, the sending of armed forces to foreign countries and the admission of foreign forces in turkey, emergency rule, martial law and the state of war, and other laws deemed necessary by the president of the republic, within the first ten days of the period of fifteen days granted to the president of the republic for his consideration; on the request of the president of the republic and within the period specified by him: to consider and give an opinion on matters relating to the renewal of general elections, the exercise of emergency rule and the measures to be taken during a state of emergency, the management and supervision of the turkish radio and television corporation, the training of the youth and the conduct of religious affairs; according to the request of the president of the republic, to consider and investigate matters relating to internal or external security and such other matters deemed necessary, and to submit its findings to the president of the republic. provisional article 3 on the convening of the grand national assembly of turkey and the formation of the bureau following the first general elections held in accordance with the constitution: act no. 2324 of october 27, 1980 on the constitutional order, act no. 2356 of december 12, 1980 on the council of national security, act no. 2485 of june 29, 1981 on the constituent assembly, shall cease to have effect and the legal existence of the council of national security and the consultative assembly shall terminate. provisional article 4 (repealed on september 6, 1987; act no. 3361) provisional article 5 on the tenth day following proclamation of the results of the first general elections by the supreme board of election, the grand national assembly of turkey shall convene of its own accord at the building of the grand national assembly of turkey in ankara at 15.00 hours. the eldest deputy shall preside this session. at this session, the deputies shall take their oaths. provisional article 6 until the grand national assembly of turkey, formed in accordance with the constitution, adopts the rules of procedure, which shall govern its sessions and proceedings, those provisions of the rules of procedure of the national assembly that were in force before september 12, 1980, and that are not contrary to the constitution shall apply. provisional article 7 the present council of ministers shall continue in office until the convening of the grand national assembly of turkey and the formation of the new council of ministers following the first general elections. provisional article 8 laws relating to the formation, duties, powers and functioning of the new organs, institutions and agencies established under the constitution and other laws whose introduction or amendment is provided for in the constitution, shall be enacted during the period of constituent assembly, starting from the date of the adoption of the constitution; laws that cannot be dealt with during this period shall be enacted within the year following the first session of the newly elected grand national assembly of turkey. provisional article 9 within a period of six years following the formation of the bureau of the grand national assembly of turkey, which is to convene after the first general elections, the president of the republic may send back to the grand national assembly of turkey any constitutional amendments. in this case, the re-submission of the constitutional amendment in its unchanged form to the president of the republic by the grand national assembly of turkey is only possible with a three-fourths majority of the votes of the total number of members. provisional article 10 local elections shall be held within a year of the first session of the grand national assembly of turkey. provisional article 11 regular and substitute members of the constitutional court who were in office on the date of the adoption of the constitution by referendum shall continue to hold office and exercise their functions. the members previously elected by the constitutional court to specific offices shall retain the status thus acquired. no election shall be held to fill the vacant seats of the regular members of the constitutional court until the number of these members falls to eleven, nor shall an election be held to fill the vacant seats of substitute members until the total number of regular and substitute members falls to fifteen. until the constitutional court adapts to the new system, the principles and order of precedence set forth in the constitution shall be observed in the elections which are to be held because the number of regular members has fallen below eleven, or because the total number of regular and substitute members has fallen below fifteen. until the number of regular members of the constitutional court falls to eleven, the quorum prescribed by act no. 44 of april 22, 1962, shall be observed in all cases and proceedings. provisional article 12 persons appointed by the head of state as regular and substitute members of the high council of judges and prosecutors from among the members of the court of cassation and the council of state under provisional article 1 of act no. 2461 of may 13, 1981, on the high council of judges and prosecutors; as chief public prosecutor and deputy chief public prosecutor in accordance with the provisional article appended to act no. 1730 on the court of cassation under act no. 2483 of june 25, 1981; and as president, chief public prosecutor, deputy presidents and heads of division of the council of state under provisional article 14, paragraph 2 of act no. 2575 of january 6, 1982 on the council of state shall continue to exercise their functions until the end of the term of office for which they were elected. the provisions of the provisional articles of act no. 2576 of 6 january 1982 concerning the appointment of the presidents and members of administrative courts shall also remain in force. provisional article 13 the elections of one regular and one substitute member to be elected to the high council of judges and prosecutors from among the members of the court of cassation shall take place in twenty days following the entry into force of the constitution. until the elected members assume the office, the quorum for meetings of the council shall be met with the participation of substitute members. provisional article 14 the obligation of the unions to deposit their revenues in the state banks shall be fulfilled within two years of the entry into force of the constitution, at the latest. provisional article 15 (repealed on september 12, 2010; act no. 5982) provisional article 16 persons who fail to participate in the referendum on the constitution without valid legal or actual reasons despite being entitled to vote and being included in the register of electors and the polling station register compiled for the referendum, shall neither participate nor stand for election in general elections, by-elections, local elections or referendums for a period of five years following the referendum on the constitution. provisional article 17 in the first general elections held after the entry into force of this act on the addition of a provisional article to the turkish constitution, the last paragraph of article 67 of the constitution shall not be applied to the provisions of parliamentary elections act no. 2839, dated june 10, 1983, concerning the inclusion of independent candidates on joint ballot paper. provisional article 18 the current substitute members of the constitutional court shall acquire the status of regular members on the date of entry into force of this act. within thirty days of the date of entry into force of this act, the grand national assembly of turkey shall elect one member each from among three candidates nominated by the general assembly of the court of accounts and the heads of bar associations. in order to nominate candidates for the election of the members to be held by the grand national assembly of turkey: the president of the court of accounts shall announce the beginning of the application process for candidacy within five days of the date of entry into force of this act. candidates shall apply to the presidency within five days of the announcement. the general assembly of the court of accounts shall hold elections within five days of the final date of application. the three candidates obtaining the greatest number of votes shall be nominated in these elections in which each member of the court of accounts may vote. the head of the turkish union of bar associations shall announce the beginning of the application process for candidacy within five days of the date of entry into force of this act. candidates shall apply to the turkish union of bar associations within five days of announcement. the election shall be held at the place and time indicated in the announcement of the turkish union of bar association within five days following the final date of application by the heads of the bar associations. the three candidates obtaining the greatest number of votes shall be nominated in these elections in which each head of bar may vote. the names of those nominated through the elections held in accordance with subparagraphs (a) and (b) shall be notified to the office of the speaker of the grand national assembly of turkey by the presidency of the court of accounts and of the turkish union of bar associations on the day following the elections. elections shall be held at the grand national assembly of turkey within ten days of the notification made in accordance with subparagraph (c). in elections held for each vacant position, a twothirds majority of the total number of members in the first ballot and the absolute majority of the total number of members is required in the second ballot; in case the absolute majority of the total number of members is not attained in the second ballot, a third ballot shall be held between two candidates obtaining the greatest number of votes in the second ballot; the candidate who obtains the greatest number of votes in the third ballot shall be elected. following the vacancy of the positions allocated to the court of cassation and the council of state, the president of the republic shall choose one member for each vacancy, from among three candidates to be nominated for each vacant position by the council of higher education from among members of the teaching staff in the fields of law, economics and political sciences who are not members of the council of higher education. the current members, as well as substitute members elected from the quotas allocated to institutions that have nominated members for the constitutional court shall be taken into consideration in the final election. the status of those who have been appointed to certain posts in the constitutional court shall continue until the end of their term of office. those who are members on the date of entry into force of this act shall continue in their post until the statutory age limit. necessary legal arrangements on individual applications shall be completed within two years. individual applications shall be accepted as from the date of the entry into force of the implementing law. provisional article 19 the members of the high council of judges and prosecutors shall be elected within thirty days as of the date of entry into force of this act in accordance with the principles and procedures indicated below: president of the republic shall appoint four members, for whom there is no impediment to becoming a judge, from among teaching staff working in the field of law for at least fifteen years and lawyers who have completed fifteen years of active professional service. the general assembly of the court of cassation shall select three regular and two substitute members from among members of the court. the first president of the court of cassation shall announce the beginning of the application process for candidacy within seven days of the entry into force of this act. the candidates shall apply to the first presidency within seven days of the date of the announcement. the general assembly of the court of cassation shall hold elections within fifteen days from the final date of application. in the elections, where each member of the court of cassation may vote, the candidates with the greatest number of votes are elected as regular and substitute members respectively. the general assembly of the council of state shall select one regular and one substitute member from among members of the court. the president of the council of state shall announce the beginning of the application process for candidacy within seven days of the entry into force of this act. the candidates shall apply to the presidency within seven days of the date of the announcement. the general assembly of the council of state shall hold elections within fifteen days from the final date of application. in the elections, where each member of the council of state may vote, the candidates with the greatest number of votes are elected as regular and substitute members respectively. the general assembly of the turkish justice academy shall select one regular and one substitute member from among its members to the supreme council of judges and prosecutors. the president of the justice academy of turkey shall announce the beginning of the application process for candidacy within seven days of the entry into force of this act. the candidates shall apply to the presidency within seven days of the date of the announcement. the general assembly of the justice academy of turkey shall hold elections within fifteen days from the final date of application. in the elections, where each member may vote, the candidates with the greatest number of votes are elected as regular and substitute members respectively. seven regular and four substitute members shall be elected by civil judges and public prosecutors under the direction and supervision of the supreme board of election from among civil judges and public prosecutors who are first category judges and have not lost the qualifications for being first category judges. within five days of the date of entry into force of this act, the supreme board of election shall announce the beginning of the application process for candidacy. the candidates shall apply within three days of the date of announcement. the supreme board of election shall examine the applications, finalize and announce the list of candidates within two days following the expiry of the date of application. objections to this list may be made within the following two days. the objections shall be examined and finalized and the definitive list of candidates shall be announced within two days following the expiry of the objection period. judges and public prosecutors working in provinces or districts shall vote in elections to be held, under the direction and supervision of the provincial election boards, in each province and district on the second sunday following the date of announcement of the definitive list by the supreme board of election. the provincial election boards shall establish ballot box committees according to the number of judges and public prosecutors that are to vote in that province. provincial election boards shall decide on complaints and objections about proceedings, measures, and decisions of the ballot box committees. candidates shall not conduct campaigns; they may post their résumé on an internet site allocated for this purpose within the framework of the principles and procedures defined by the supreme board of election. the candidates obtaining the greatest number of votes are elected as regular and substitute members respectively. the supreme board of election shall determine other matters concerning the ballot papers. the supreme board of election may have the ballot papers printed or may have these printed through provincial election boards as it may deem appropriate. in the elections to be held, the provisions of the act no. 298, basic rules on elections and voting registers, dated april 4, 1961, that are not in conflict with this subparagraph shall apply. three regular and two substitute members shall be elected by civil judges and public prosecutors under the direction and supervision of the supreme board of election from among civil judges and public prosecutors who are first category judges and have not lost the qualifications for being first category judges. in the elections, in provinces where there are regional administrative courts, held under the direction and supervision of the provincial election boards, judges and public prosecutors working in these regional administrative courts and in courts subject to authority of those courts shall vote. the provisions of subparagraph (d) shall apply to these elections as well. the regular members of the high council of judges and prosecutors elected in accordance with subparagraphs (a), (ç), (d) and (e) of the first paragraph, shall begin to hold office on the working day following the date of entry into force of this act. regular and substitute members of the high council of judges and prosecutors elected from the court of cassation and council of state, incumbent on date of entry into force of this act, shall continue their duties until the end of their term of office. the members elected in accordance with subparagraph (b) of the first paragraph shall replace, in sequence, the members elected from court of cassation whose term of office have expired, and the members elected in accordance with subparagraph (c) of the first paragraph shall replace, in sequence, the members elected from council of state whose terms of office have expired. the term of office of the members elected according to subparagraph (b) and (c) of the first paragraph and who took office in accordance with the third paragraph ends when the term of office of those elected in accordance with subparagraph (a), (ç), (d) and (e) of the first paragraph expires. regular members elected to the high council of judges and prosecutors shall have the same financial, social and pension rights determined for the head of chamber of the court of cassation in the relevant legislation, until the necessary arrangements are made in related laws. furthermore, regular members of the council, except for the president, shall receive additional compensation on a monthly basis in the amount to be calculated by multiplying the index of 30000 by the coefficient applied to salaries of civil servants. until arrangements are made in the relevant laws, the high council of judges and prosecutors: shall operate in the form of a board in accordance with legal provisions in force as long as they are not contrary to the provisions of the constitution, shall convene under the presidency of the minister of justice within one week following the date of holding office of the regular members in accordance with the second paragraph and shall elect a temporary deputy chairperson, shall convene with at least fifteen members and take decisions by the absolute majority of the total number of members, the secretariat functions shall be conducted by the ministry of justice. until inspectors of the council and judiciary inspectors are appointed, the existing judiciary inspectors shall carry out their duties under the title of inspector of the council and judiciary inspector. the provisions of this article shall be applied until the necessary arrangements are made in the relevant laws. provisional article 21 27th legislative term parliamentary elections to the grand national assembly of turkey and presidential election shall both take place on 3/11/2019. the members of the grand national assembly of turkey and president of the republic continue to hold office until the date of the elections. in the event that the assembly decides to call an election, 27th legislative term parliamentary elections and presidential election take place on the same day. within six months at the latest from the date of promulgation of this law, the grand national assembly of turkey organizes other legal regulations and amendments to the rules of procedure of the assembly as required by the amendments brought by this law. amendments which are stated to be made by the presidential decree, will be brought by the president of the republic within six months at the latest from the date of his/her taking office. according to the amendment made to article 159 of the constitution, election of members to the council of judges and prosecutors shall be held within thirty days at the latest and they shall take office on the working day following the fortieth day after the date of entry into force of this law. the applications for the memberships shall be made to the office of the speaker of the assembly within five days as of the entry into force of this article. the office of the speaker conveys the applications to the joint committee composed of members of the committee on justice and committee on constitution. the committee shall elect three candidates for each vacancy with a two-thirds majority of total number of members within ten days. if the procedure of electing candidates cannot be concluded in the first round and two-thirds majority cannot be obtained, second and third round elections are held; in these rounds, the candidate acquiring the three-fifths majority of the total number of votes is elected. if the candidates cannot be elected in this round as well, the procedure of electing candidates shall be completed by choosing a candidate by lots among twice the number of candidates who have received the highest number of votes in the third round. plenary of the grand national assembly of turkey concludes the elections within fifteen days in accordance with the same procedures and principles. the present members of high council of judges and prosecutors shall hold office until the date on which the new members take office and take actions pursuant to the provisions in the law in force. new members shall exercise their duties in accordance with the provisions of the existing law which are not unconstitutional until an amendment is brought to the relevant law. among those whose memberships were expired and were not re-elected to the council of judges and prosecutors, the ones selected among judges and prosecutors of civil judiciary shall be appointed as members of court of cassation upon their requests and the ones selected among judges and prosecutors of administrative judiciary shall be appointed as members of council of state by the council of judges and prosecutors; the ones elected among academicians and lawyers shall be appointed as members of council of state by the president of the republic. during such elections and appointments, whether there is enough vacancy in cadres is not considered. instead, enough vacancies are added to the cadres in court of cassation and council of state for the number of elected and appointed members. memberships of those who are elected as members of constitutional court from the military court of cassation and high military administrative court, exist until their memberships are expired for any reason. as of the date of entry into force of this law, military court of cassation, high military administrative court and military courts are abrogated. within four months as of the entry into force of this law; in accordance with their choices and acquired rights, heads, chief prosecutors, second heads and members as well as other military judges (excluding reserve officers) from the category of military judges in military court of cassation and high military administrative court; may be appointed as judges or prosecutors of civil or administrative judiciary by the council of judges and prosecutors. judges and prosecutors may be appointed by national defence ministry to cadres of legal services at the ministry or presidency of general staff within their existing classes. regarding wage, allowance, additional allowance, judicial allowance, additional payment, financial, social rights and aid and other rights, these judges and prosecutors will be considered the same as civil or administrative judges and prosecutors. regarding rights and obligations other than those above, legislation provisions which are in force at the date of promulgation of this law continue to apply. the procedures and principles regarding the compensation to be paid to those who are entitled to pension and will retire from their office on their own accord before the retirement on the age margin, shall be regulated by law. of the files examined in the annulled military judicial authorities, those at the stage of examination of legal remedy shall be submitted to court of cassation or council of state where relevant, other files shall be submitted to the civil or administrative judicial authorities with jurisdiction and competence, where relevant, within four months. decree laws, regulations, guidelines issued by the prime ministry or council of ministers as well as other regulatory acts which are in force on the date of entry into force of this law shall be valid unless annulled. articles 152 and 153 continue to apply as regards decree laws in force. powers granted to the prime ministry and council of ministers through the laws or other legislations shall be exercised by the president of the republic until an amendment is made to the relevant legislation. last paragraph of article 67 of the constitution shall not apply regarding the first mutual parliamentary and presidential elections which will be held following the date of entry into force of this law. part seven. final provisions i. amending the constitution, participation in elections and referenda article 175 amendment to the constitution shall be proposed in writing by at least one-third of the total number of members of the grand national assembly of turkey. bills to amend the constitution shall be debated twice in the plenary. the adoption of a bill for an amendment shall require a three-fifths majority of the total number of members of the assembly by secret ballot. the consideration and adoption of bills for the amendments to the constitution shall be subject to the provisions governing the consideration and adoption of laws, with the exception of the conditions set forth in this article. the president of the republic may send back the laws on the amendments to the constitution to the grand national assembly of turkey for reconsideration. if the assembly readopts, by a two-thirds majority of the total number of members, the law sent back by the president of the republic without any amendment, the president of the republic may submit the law to referendum. if a law on the amendment to the constitution is adopted by a three-fifths or less than two-thirds majority of the total number of members of the assembly and is not sent back by the president of the republic to the assembly for reconsideration, it shall be published in the official gazette and be submitted to referendum. a law on the constitutional amendment adopted by a twothirds majority of the total number of members of the grand national assembly of turkey directly or upon the sending back of the law by the president of the republic or its articles deemed necessary may be submitted to a referendum by the president of the republic. a law on the amendment to the constitution or the related articles that are not submitted to referendum shall be published in the official gazette. entry into force of the laws on the amendment to the constitution submitted to referendum shall require the affirmative vote of more than half of the valid votes cast. the grand national assembly of turkey, in adopting the law on the constitutional amendment shall also decide on which provisions shall be submitted to referendum together and which shall be submitted individually, in case the law is submitted to referendum. every measure including fines shall be taken by law to secure participation in referenda, general elections, by-elections and local elections. ii. preamble and headings of articles article 176 the preamble, which states the basic views and principles the constitution is based on, shall form an integral part of the constitution. the headings of articles merely indicate the subject matter of the articles, their order, and the connections between them. these headings shall not be regarded as a part of the text of the constitution. iii. entry into force of the constitution article 177 on its adoption by referendum and its publication in the official gazette, this constitution shall become the constitution of the republic of turkey and shall come into force in its entirety, subject to the following exceptions and the provisions relating to entry into force of these exceptions: the provisions of part two chapter ii relating to personal liberty and security, the press and publication, and the right and freedom of assembly. the provisions of chapter iii relating to labour, collective labour agreements, the right to strike, and lockout. these provisions shall come into force when the relevant laws are promulgated, or when the existing laws are amended, and in any case, at the latest, when the grand national assembly of turkey assumes its functions. however, until their entry into force, existing laws and the decrees and decisions of the council of national security shall apply. the provisions of part two relating to political parties and the right to engage in political activities, shall come into force on the promulgation of the new political parties act, which is to be prepared in accordance with these provisions. the provisions on right to vote and to be elected shall come into force on the promulgation of the elections act also to be prepared in accordance with these provisions. the provisions of part three, relating to legislative power: these provisions shall come into force on the proclamation of the results of the first general elections. however, the provisions relating to the functions and powers of the grand national assembly of turkey which take place in this section shall be exercised by the council of national security until the grand national assembly of turkey assumes its functions; the provisions of act no. 2485 of june 29, 1981 on the constituent assembly being reserved. the provisions of part three relating to the functions and powers of the president of the republic and to the state supervisory council under the heading “president of the republic”; to regulations, national defence, procedures governing emergency rule under the heading “council of ministers”; to all other provisions under the heading “administration”, except local administration, and except the atatürk high institution of culture, language and history; and all the provisions relating to the judiciary, except the state security courts, shall come into force on publication in the official gazette of the adoption by referendum of the constitution. the provisions concerning the president of the republic and the council of ministers which have not gone into effect shall come into force when the grand national assembly of turkey assumes its functions; the provisions relating to local administrations and to the state security courts shall come into force on the promulgation of the relevant laws. if new legislation, or amendments to existing legislation are required in connection with the constitutional provisions which are to come into force on the proclamation of the adoption by referendum of the constitution or in connection with existing or future institutions, organizations and agencies, the procedure to be followed shall be subject to those provisions of existing laws which are not unconstitutional, or to the provisions of the constitution, in accordance with article 11 of the constitution. the provision of second paragraph of article 164 regulating the procedure for the consideration of final accounts bill shall come into force in 1984. provisional articles not included in the constitution of the act no 2709 dated october 18 1982 1. provision of the act no. 4121 dated july 23, 1995 article 16 if this act is put to referendum; article 1, articles 2, 3, 13 and 15, article 4, article 5, articles 6, 7 and 14, article 8 and first paragraph of article 17, articles 9 and 10, article 11, article 12, shall be voted individually. referendum is held during the first parliamentary elections. 2. provision of the act no. 4446 dated august 13, 1999 article 4 this act shall enter into force on the date of publication and if it is put to referendum, 1st article ; 2nd and 3rd articles are voted individually 3. provisional article of act no. 4709 dated october 3, 2001 provisional article the last paragraph added to the article 67 of the constitution by article 24 of this act shall not be implemented at the first general election to be held after this act goes into effect. the amendments made by article 28 of this act to article 87 of the constitution shall not apply to those who perpetrate the acts described in article 14 of the constitution before this act goes into effect. article 35 this act shall enter into force on the date of publication and if it is put to referendum, it shall be voted in its entirety. 4. provisional article of act no. 4777 dated december 27, 2002 provisional article 1 the last paragraph of article 67 of the constitution of the republic of turkey shall not be implemented in the first by-elections to be held during the 22nd term of the grand national assembly of turkey. article 3 this act shall enter into force on the date of publication and if it is put to referendum, it shall be voted in its entirety. 5. provisions of the act no.6771, dated january 21, 2017 article 18 amendments to articles 8, 15, 17, 19, 73, 82, 87, 88, 89, 91, 93, 96, 98, 99, 100, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, repeal of second and third paragraphs of article 114, amendments to 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125 and last paragraph of article 127; amendments to articles 131, 134, 137 and to first paragraph and sixth paragraph of article 148 regarding “members of council of ministers”, amendments to articles 150, 151, 152, 153, second paragraph of article 155, articles 161, 162, 163, 164, 166 and 167 and paragraphs (f) and (g) of provisional article 21 shall come into force at the end of simultaneous elections to grand national assembly of turkey and president of the republic on the date when president of the republic holds office, amendments to articles 75, 77, 101 and 102 shall come into force at the beginning of the calender for first simultaneous elections to grand national assembly of turkey and presidential elections, other amended provisions and repeal of “if the president of the republic elect is a member of a party, his/her relationship with that party shall be severed” in the last paragraph of article 101 shall come into force at the date of their promulgation, and they shall be voted in their entirety after submission to referendum. basic law the knesset (1958) 1. what the knesset is the knesset is the parliament of the state. 2. place of sitting the place of sitting of the knesset is jerusalem. 3. composition the knesset shall, upon its election, consist of one hundred and twenty members. 4. electoral system the knesset shall be elected by general, national, direct, equal, secret and proportional elections, in accordance with the knesset elections law; this section shall not be varied save by a majority of the members of the knesset. 5. the right to vote every israel national of or over the age of eighteen years shall have the right to vote in elections to the knesset, unless a court has deprived him of that right by virtue of any law; the elections law shall determine the time at which a person shall be considered to be eighteen years of age for the purpose of the exercise of the right to vote in elections to the knesset. 5a. the right to present a list of candidates (amendments 19 and 21) a list of candidates for the knesset shall be submitted only by a party; the means of association and registering of parties and the conditions for submitting a list of candidates shall be determined by law. 6. the right to be elected (amendments 8, 10, 22, and 26) every israel national who on the day of the admission of a candidates list containing his name is twenty-one years of age or over shall have the right to be elected to the knesset, unless a court has deprived him of that right by virtue of law, or he has been sentenced, by a final judgment, to a penalty of actual imprisonment for a term exceeding three months and on the day of submission of the list of candidates seven years have not yet passed since the day when he terminated his period of imprisonment, unless the chairman of the central elections committee has determined that the offence of which he has been convicted, in accordance with the circumstances, does not bear moral turpitude. [annulled] a candidate for the knesset who has been sentenced as specified in subsection (a) and whose judgment has become final after the submission of the list of candidates and before he has assumed tenure as a knesset member, will be deemed to have withdrawn from the list of candidates that includes his name, or from his tenure in the knesset, as relevant, unless the chairman of the central elections committee has determined that the offence of which he has been convicted, in accordance with the circumstances, does not bear moral turpitude. the determination of the chairman of the central elections committee under subsections (a) and (c) is not required if the court has stated by law that the offence, in accordance with the circumstances, does bear moral turpitude. for the purpose of this section – "actual imprisonment" means the sum of all terms of actual imprisonment the convicted person must serve in a single continuous period, even if ordered in different sentences, including suspended sentences that have been activated; "offence" means each of the offences for which a period of actual imprisonment has been ordered. 6a. restriction on the candidacy of a knesset member seceding from his faction (amendments 12, 21 and 36) a knesset member seceding from his faction and failing to tender his resignation as a knesset member in close proximity to his secession, shall not be included, in the election for the next knesset, in the list of candidates submitted by a party that was represented by a faction of the outgoing knesset; this provision does not apply to the splitting of a faction under the conditions prescribed by law. for the purposes of this section – "secession from a faction " including voting in the knesset plenum not in accordance with the faction’s position regarding the expression of confidence or no confidence in the government; however, such voting shall not be deemed as secession if the knesset member has not received any consideration in exchange for his vote; "consideration " – means directly or indirectly, by a promise or future commitment, including the assurance of a place on a list of candidates for the knesset, or the appointment of the knesset member himself or someone else to a certain position. 7. who shall not be a candidate (amendments 2, 21, and 33) the following shall not be candidates for the knesset: the president of the state; the two chief rabbis; a judge (shofet); a judge (dayan) of a religious court; the state comptroller; the chief of the general staff of the defense army of israel; rabbis and ministers of other religions, while holding paid office; senior state employees and army officers of such grades or ranks and in such functions as shall be determined by law. policemen and prison warders of such ranks and positions as shall be determined by law; employees of corporations established by law of such ranks and positions as shall be determined by law. unless they have ceased to serve in the aforementioned position or office, prior to the date for submitting the lists of candidates for the knesset, and if an earlier date has been set by law prior to the set date. 7a. prevention of participation of candidates' list (amendments 9, 35, and 39) a candidates' list shall not participate in elections to the knesset, and a person shall not be a candidate for election to the knesset, if the objects or actions of the list or the actions of the person, expressly or by implication, include one of the following: negation of the existence of the state of israel as a jewish and democratic state; incitement to racism; support of armed struggle, by a hostile state or a terrorist organization, against the state of israel. for the purposes of this section, a candidate that was at a hostile state unlawfully within the seven years preceding the date for submitting the candidates' list, is deemed a person whose actions express support of armed struggle against the state of israel, as long as he has not proven otherwise. the decision of the central elections committee that a candidate is prevented from participating in the elections requires the affirmation of the supreme court of israel. a candidate will make a declaration for the purposes of this section. particulars regarding the hearing at the central elections committee and at the supreme court of israel, as well as regarding a declaration under subsection (c) shall be prescribed by law. 8. term of office of the knesset the term of office of the knesset shall be four years from the day on which it is elected. 9. date of elections (amendment 1) the elections to the knesset shall take place on the third tuesday of the month of cheshvan in the year in which the tenure of the outgoing knesset ends, but if the year which preceded that year was a leap year, the elections shall take place on the first tuesday of that month. 9a. extending the knesset's term (amendment 15) the knesset shall not extend its term except by law passed by a majority of eighty members of the knesset and only if special circumstances exist that prevent holding the elections at their proper time; the period of extension shall not exceed the time necessary due to the aforementioned circumstances; the election date shall be fixed by the aforementioned law. without prejudice to the provisions of section 34, the knesset may, by a resolution passed by the majority of its members, advance the date of elections fixed under subsection (a), provided that the new date is no earlier than the date fixed for knesset elections under section 9. 10. election day to be a day of rest election day shall be a day of rest, but transport services and other public services shall function normally. 11. publication of election results (amendment 20) the results of the elections shall he published in “reshumot” within eight days from election day. 12. convening of the knesset (amendment 37) the knesset shall convene for its first meeting, after the election results are published, within fourteen days of election day on the date fixed by law, unless an earlier date is prescribed by law due to a rest day, holiday, festival day, memorial day, or due to proximity to one of them, or due to the intermediate days of certain jewish festivals. 13. amendments 27, and 37 [annulled] 14. the opening meeting (amendment 23) the procedures of the opening meeting shall be prescribed by law and shall express the character of the state of israel and its heritage. 15. declaration of allegiance by members of the knesset (amendment 23) a knesset member shall make a declaration of allegiance; the declaration shall read as follows: "i pledge myself to bear allegiance to the state of israel and faithfully to discharge my mandate in the knesset." procedures for the declarations shall be prescribed by law. 16. failure to make declaration where the chairman of the knesset has called upon a member of the knesset to make his declaration of allegiance and the member has not done so, the member shall not enjoy the rights of a member of the knesset so long as he has not made the declaration. 16a. failure to make declaration due to dual citizenship (amendment 22) has the knesset member been the holder of an additional non-israeli citizenship, and the laws of the country whose citizenship he holds permit his release from such citizenship, he shall not declare allegiance until after he has done everything required on his part to be released from such citizenship, and he shall not enjoy the rights of a knesset member until he makes his declaration. 17. immunity of knesset members the members of the knesset shall have immunity; particulars shall be prescribed by law. 18. immunity of knesset buildings the building of the knesset shall have immunity; particulars shall be prescribed by law. 19. procedure and rules the knesset shall itself prescribe its procedure; in so far as such procedure has not been prescribed by law, the knesset shall prescribe it by its rules; so long as the procedure has not been prescribed as aforesaid, the knesset shall follow its accepted practice and routine 20. chairman and vice-chairmen (amendments 24, 27, 34 and 37) the knesset shall elect from among its members a chairman and vice-chairmen. until the chairman is elected, the most senior knesset member who is not the prime minister, a minister or deputy minister, shall serve as interim chairman. in this section, "senior" means the one whose term of office in the knesset is the longest, consecutively or non-consecutively, and among those with equal seniority the oldest. the knesset may, in its rules, set restrictions on the election of a knesset member to serve as chairman or vice-chairman. the knesset may, by a resolution passed by a majority of its members, suspend the chairman or a vice-chairman or set restrictions on their post; particulars to be set by law. the knesset may, by a resolution passed by a majority of its members or by a larger majority as may be prescribed by law, to remove from post the chairman or a vice-chairman; particulars to be set by law. 20a. acting chairman and interim chairman of knesset (amendments 4, 24 and 27) whenever the chairman of the knesset leaves the territory of the state, a vice-chairman shall serve as acting chairman until his return. whenever the chairman of the knesset notifies the house committee, or if the house committee decides, that for reasons of health the chairman of the knesset is temporarily unable to carry out his functions, or the chairman announces that he is temporarily unable to perform his duties and the house committee acknowledges his announcement, a vice-chairman shall serve as acting chairman until the chairman notifies the house committee or until the house committee decides that the chairman is no longer unable to carry out his functions. when the post of chairman of the knesset has fallen vacant because the chairman has resigned or has died or because the house committee has decided that for reasons of health he is permanently unable to carry out his functions a vice-chairman shall serve as interim chairman until the knesset elects a new chairman. c1 if the chairman of the knesset is suspended from his post by a decision under section 20(c), a vice-chairman shall serve as acting chairman until the suspension is lifted or until the election of a new chairman, as relevant. if the chairman of the knesset is removed from his post by a decision under section 20(d), a vice-chairman shall serve as acting chairman until the election of a new chairman. the vice-chairman who is to serve as acting chairman or interim chairman of the knesset shall be elected in that behalf by the house committee. during his tenure as acting chairman or interim chairman of the knesset, the vice-chairman shall serve in every capacity assigned to the chairman of the knesset by law, shall carry out every function imposed upon the chairman of the knesset by law and shall exercise every power vested in the chairman of the knesset by law. the provisions of this section shall also apply, mutatis mutandis, if the circumstances envisaged in subsection (a), (b), (c) or (c1) with regard to the chairman of the knesset exist with regard to a vice-chairman who is serving as acting chairman or interim chairman. 21. committees (amendments 13, 14, 16, and 28) the knesset shall elect from among its members permanent committees, and it may elect from among its members committees for specific matters; the functions, powers and procedure of the committees shall, in so far as they are not prescribed by law, be prescribed by the rules. the rules may prescribe provisions concerning the committees’ authority to summon an office holder or a functionary of the civil service, municipal authority, religious council, corporation established by law or government corporation, and to oblige him to provide information on the activity of the body in which he serves, unless such disclosure entails a violation of a law, or of a professional duty or an obligation of trust to which he is bound by law, and he shall be assured the rights of a witness before a court; the summon shall be issued under the auspices of the relevant minister or with his knowledge, and for someone who is not in the civil service under the auspices of the head of the body in which the invitee serves; however, the appointed minister or the head of the body in which the invitee serves may inform the committee that he himself will appear in place of the invitee. [annulled] 21a. knesset supervision of secondary legislation (amendment 30) regulations enacted by a minister whose violation entails criminal punishment shall not enter into force, unless they have been approved prior to publication by a committees of the knesset committees responsible for that matter; should the committee fail to approve or reject the regulations within 45 days of receiving the regulations, the regulations will be deemed approved. the provisions of this subsection do not prejudice the provisions of any basic law or other law regarding regulations. 22. commissions of inquiry the knesset may appoint commissions of inquiry either by empowering one of the permanent committees in that behalf or by electing a commission from among its members to investigate matters designated by the knesset; the powers and functions of a commission of inquiry shall be prescribed by the knesset; every commission of inquiry shall include also representatives of factions which do not participate in the government, in accordance with the relative strength of the factions in the knesset. 23. government member who is not a member of the knesset a member of the government who is not a member of the knesset shall, as to everything relating to the knesset, have the same status as a member of the government who is a member of the knesset, except that he shall not have the right to vote. 24. quorum (amendment 6) the knesset shall hold debates and pass decisions whatever the number of members present, save as otherwise provided by law. 25. majority save as otherwise provided by law, the knesset shall pass its decisions by a majority of those participating in the voting those abstaining not being reckoned as participating and the voting procedure shall be prescribed by the rules. 26. meetings the meetings of the knesset shall be held at its place of sitting: provided that in special circumstances the chairman of the knesset may, in consultation with the vice-chairmen, convene the knesset elsewhere. the meetings of the knesset shall take place on workdays. 27. publicity of meetings (amendment 17) the knesset shall sit in public. 28. publication (amendment 17) the publication of proceedings taken and utterances made at an open meeting is not restricted and does not entail any criminal or civil liability. 29. amendment 17 [annulled] 30. amendment 17 [annulled] 31. sessions (amendments 5 and 29) orders concerning the periods of knesset sessions and the convening of the knesset out of session shall be prescribed by law. 32. amendment 31 [annulled] 33. amendments 25, 27, and 29 [annulled] 34. dissolution of the knesset (amendment 15) the knesset shall not decide to dissolve itself before the expiration of its term of office save by adopting a law for that purpose passed by a majority of the members of the knesset. 35. date of elections after dissolution of the knesset (amendment 30) the law concerning the dissolution of the knesset shall contain a provision as to the date of the elections to the next knesset, which shall be no later than five months from the day the law is passed. 36. term of office of the knesset after dissolution if the knesset decides to dissolve itself, the term of office of the next knesset shall run until the month of cheshvan next following the termination of four years from the day of its election. 36a. dispersion due to failure to adopt budget (amendment 30) non-adoption of the budget law within three months subsequent to the beginning of the fiscal year will be considered to be a knesset decision on its dispersion, prior to the completion of its term of service, on the day following the end of this period (hereafter: the determining date), and early elections will be held on the last tuesday before the end of 90 days of the determining date, unless the knesset decides by a majority vote of its members, within five days of the determining date, that because of the proximity of the date of elections to a holiday, festival day or memorial day, to postpone the elections to a date no later than 100 days from the determining date. notwithstanding the provisions of subsection (a), should the president of the state begin procedures to form a new government under section 30 of the basic law: the government, or should a law be adopted to disperse the knesset, or should elections to the knesset be held, after the date for submission of the draft budget under section 3 of the basic law: the state economy and before the passage of three months from the beginning of the fiscal year, the determining day under subsection (a), shall be three months from the beginning of the fiscal year or 45 days from the constitution of the government, whichever is later. 37. continuity of the knesset the outgoing knesset shall continue to hold office until the convening of the incoming knesset. 38. extension of validity of enactments any enactment due to expire during the last two months of the term of office of the outgoing knesset or within four months after the knesset has decided to dissolve itself or during the first three months of the term of office of the incoming knesset shall continue in force until the expiration of the said three months. 39. remuneration of members of the knesset the members of the knesset shall receive a remuneration as provided by law. 40. resignation of member of the knesset a member of the knesset may resign his office; resignation shall be by personal presentation of a letter of resignation by the resigning member to the chairman of the knesset or, if the member is unable to present the letter of resignation personally, by transmission thereof in the manner prescribed by the rules; the letter of resignation shall be signed on the day of the presentation or transmission. 41. consequences of resignation if a member of the knesset tenders his resignation, his membership of the knesset shall cease forty-eight hours after the letter of resignation reaches the chairman of the knesset, unless the member withdraws resignation before then. 42. termination of tenure or candidacy (amendment 33) if a member of the knesset, or a candidate to the knesset, is elected or appointed to one of the posts the holders of which are debarred from being candidates for the knesset, his membership of the knesset or his candidacy to the knesset, as relevant, shall cease upon his election or appointment to one of the above positions; for this purpose, "a candidate for the knesset" – means one whose name is included in the candidates’ list for the knesset, from the day the list is submitted until the day of the beginning of his tenure as a member of the knesset. 42a. knesset member who has been convicted (amendments 7, 18, 26, and 32) should a knesset member be convicted, by final judgment, of a criminal offence, and the court, by its own initiative or at the request of the attorney-general has stated that the offence carry moral turpitude, his membership of the knesset shall end on the day the judgment becomes final, no matter if the offence was committed when he was a member of that same knesset, a member of a previous knesset, or before he was a member of the knesset. subsection (a) shall apply also to a knesset member whose judgment became final after he began to serve as a member of the knesset; the request of the attorney-general in accordance with subsection (a) may be submitted as long as the judgment has not become final; the request shall be submitted to the court that handed the judgment, and if an appeal has been filed, to the court of appeal. 42b. suspension (amendments 7, 26 and 38) where a knesset member has been convicted of a criminal offence, and the court, by its own initiative or at the request of the attorney-general has stated that the offence carry moral turpitude, he shall be suspended from office as a knesset member from the day the court’s judgment was handed and until the time when the judgment becomes final. where a knesset member has been convicted of a criminal offence and sentenced to imprisonment, he shall be suspended from his office as a knesset member for the period during which he is undergoing his penalty of imprisonment. the orders of this section shall also apply to a knesset member who has been convicted of an offence as stated in subsection (a) or (b) before becoming a knesset member. 43. replacement of knesset member (amendment 7) if the seat of a member of the knesset falls vacant, it shall be filled by the candidate who, in the list of candidates which included the name of the late member, figured immediately after the last of the elected candidates. where a person's membership of the knesset has been suspended under section 42b, his seat shall become vacant for the period of the suspension and his place shall be taken by the candidate referred to in subsection (a). if he resumes his seat, the last of the list of candidates who became a knesset member shall cease to hold office, but his right to become again a knesset member thereafter, by virtue of the provision of subsection (a), shall not be affected thereby. 44. law not to be affected by emergency regulations notwithstanding the provision of any other law, this law cannot be varied, suspended, or made subject to conditions, by emergency regulations. 45. entrenched sections section 44, or this section, shall not be varied save by a majority of eighty members of the knesset. 45a. application of entrenchment (amendment 15) section 45 shall also apply with regard to variation of section 9a(a). 46. special majority when required (amendments 3, 11, and 15) the majority required by this law for a variation of section 4, 9a, 34, 44 or 45 shall be required for decisions of the knesset plenary at the first, second and third readings. in this section, "variation" means both an express and an implicit variation. basic law. israel lands (1960) 1. prohibition of transfer of ownership the ownership of israel lands, being the lands in israel of the state, the development authority or the keren kayemet le-israel, shall not be transferred either by sale or in any other manner. 2. permission by law section 1 shall not apply to classes of lands and classes of transactions determined for that purpose by law. 3. definition in this law, "lands" means land, houses, buildings and anything permanently fixed to land. basic law. the president of the state (1964) 1. status a president shall stand at the head of the state. 2. place of residence the place of residence of the president of the state shall be jerusalem. 3. election and period of tenure (amendments 2 and 4) the president of the state shall be elected by the knesset for seven years. the president will serve for one term only. 4. eligibility (amendment 4) every israel national who is a resident of israel is qualified to be a candidate for the office of president of the state. 5. date of election (amendment 8) the election of the president of the state shall be held not earlier than ninety days and not later than thirty days before the expiration of the period of tenure of the president in office. if the place of the president of the state falls vacant before the expiration of his period of tenure, the election shall be held within forty-five days from the day on which such place falls vacant. the chairman of the knesset, in consultation with the vice-chairmen, shall fix the day of the election and shall notify it to all the members of the knesset in writing at least three weeks in advance. if the day of the election does not fall in one of the session terms of the knesset, the chairman of the knesset shall convene the knesset for the election of the president of the state. 6. proposal of candidates (amendment 8) a a proposal of a candidate for president of the state shall be submitted in writing to the chairman of the knesset, together with the consent of the candidate in writing, on the fourteenth day before the day of the election; a member of the knesset shall not sponsor the proposal of more than one candidate; a person any ten or more members of the knesset proposed his candidacy shall be candidate for president of the state, except if the number of sponsors decreased below ten because of the deletion of the name of a member of the knesset as described in subsection (3); where a member of the knesset sponsored the proposal of more than one candidate, the name of that member of the knesset shall be deleted from the list of sponsors for all candidates he sponsored; where the number of sponsors of a candidate decreased below ten because of the deletion of a name from the list of sponsors, a member of the knesset who did not sponsor any proposal may add his name to the list of sponsors of that candidate, no later than eight days before the day of the election. the chairman of the knesset shall notify all the members of the knesset, in writing, not later than seven days before the day of the election, of every candidate proposed and of the names of the members of the knesset who have proposed him, and shall announce the candidates at the opening of the meeting at which the election is held. 7. voting the election of the president of the state shall be by secret ballot at a meeting of the knesset assigned only for that purpose. 8. election by majority of votes (amendments 7 and 9) if there are two candidates or more, the candidate who has received the votes of a majority of the members of the knesset is elected. if no candidate receives such a majority, a second ballot shall be held. at the second ballot only the two candidates who received the largest number of votes at the first ballot shall stand for election. the candidate who at the second ballot receives a majority of the votes of the members of the knesset who take part in the voting and vote for one of the candidates is elected. if two candidates receive the same number of votes, voting shall be repeated. if there is only one candidate, the ballot will be in favor or against him and he is elected if the number of votes in his favor outweighs the number of votes against him. if the number of votes in his favor equals the number of votes against him, a second ballot shall be held. if no president of the state is elected under subsection (b), a repeat ballot shall be held within thirty days of the day of the ballot with accordance to sections 5 to 7 and this section, but the proposal of a candidate shall be submitted no later than seven days before the day of the election. 9. declaration of allegiance the president-elect shall make and sign before the knesset the following declaration of allegiance: "i pledge myself to bear allegiance to the state of israel and to its laws and faithfully to carry out my functions as president of the state.". 10. making of declaration and commencement of period of tenure (amendment 4) the president-elect shall make his declaration of allegiance upon the expiration of the period of tenure of the preceding president of the state or as soon as possible beforehand, and shall begin to hold office upon the expiration of the period of tenure of the preceding president of the state. if the place of the preceding president of the state falls vacant before the expiration of his period of tenure, the president-elect shall make his declaration of allegiance as soon as possible after his election and shall begin to hold office upon making his declaration of allegiance. 11. functions and powers (amendments 3 and 5) the president of the state shall sign every law, other than a law relating to its powers; shall carry out the functions assigned to him by basic law: the government; shall receive from the government a report on its meetings; shall accredit the diplomatic representatives of the state, shall receive the credentials of diplomatic representatives sent to israel by foreign states, shall empower the consular representatives of the state and shall confirm the appointments of consular representatives sent to israel by foreign states; shall sign such conventions with foreign states as have been ratified by the knesset; shall carry out every function assigned to him by law in connection with the appointment and removal from office of judges and other office-holder's. the president of the state shall have power to pardon offenders and to lighten penalties by the reduction or commutation thereof. the president of the state shall carry out every other function and have every other power assigned to him by law. 12. counter-signature (amendments 2 and 5) the signature of the president of state on an official document, other than a document connected with the formation of a government or the dissolution of a knesset, shall require the countersignature of the prime minister or of such other minister as the government may decide. 13. immunity with regard to discharge of functions the president of the state shall not be amenable to any court or tribunal, and shall be immune from any legal act, in respect of anything connected with his functions or powers. the president of the state shall not, in giving evidence, have to disclose anything which came to his knowledge in the discharge of his functions as president of the state. the immunity of the president of the state under this section shall continue after he has ceased to be president of the state. 14. immunity from criminal proceedings the president of the state shall not be criminally prosecuted. the period during which, by virtue of this section, the president of the state cannot be prosecuted for an offence shall not be counted in calculating the period of prescription of that offence. 15. evidence if the president of the state is required to give evidence, his evidence shall be taken at such place and time as shall be determined with his sanction. 16. salary and other payments (amendment 1) the salary of the president of the state, and other payments to be made to him during his period of tenure, shall be fixed by resolution of the knesset, which may empower the finance committee in that behalf. resolutions under this section shall be published in “reshumot”. 17. president to hold no other office save with the sanction of the house committee of the knesset, the president of the state shall not hold any post, or exercise any function, other than the post and functions of president of the state. the president of the state shall be exempt from all compulsory service. 18. departure for abroad the president of the state shall not leave the territory of the state save with the sanction of the government. 19. resignation the president of the state may resign his office by submitting a letter of resignation to the chairman of the knesset. the letter of resignation shall not require a countersignature. the place of the president of the state shall become vacant forty-eight hours after the letter of resignation reaches the chairman of the knesset. 20. removal of president from office the knesset may, by resolution, remove the president of the state from office if it finds that he is unworthy of his office owing to conduct unbecoming his status as president of the state. the knesset shall not remove the president of the state from office, save following a complaint brought before the house committee by at least twenty members of the knesset and upon the proposal of the house committee passed by a three-quarters majority of the members of the committee. a resolution by the knesset to remove the president from office shall require a three-quarters majority of the members of the knesset. the house committee shall not propose the removal of the president of the state from office before he has been given an opportunity to refute the complaint in accordance with procedure prescribed by the committee with the approval of the knesset, and the knesset shall not resolve to remove the president of the state from office before he has been given an opportunity to be heard in accordance with procedure prescribed by the house committee with the approval of the knesset. the president of the state may be represented before the house committee and before the knesset by an authorized representative. a member of the knesset shall not act as the representative of the president. the house committee and the knesset may summon the president of the state to be present at proceedings under this section. proceedings of the knesset under this section shall be taken at a meeting, or successive meetings, assigned solely for that purpose. the proceedings shall begin not later than twenty days after the resolution of the house committee. the time of their beginning shall be notified by the chairman of the knesset to all the members of the knesset, in writing, at least ten days in advance. if the beginning of the proceedings does not fall in one of the session terms of the knesset, the chairman of the knesset shall convene the knesset for the proceedings. 21. vacation of post for reasons of health the knesset may, by resolution passed by a majority of its members, declare that for reasons of health the president of the state is permanently unable to carry out his functions. the knesset shall not pass a resolution as aforesaid save upon the proposal of the house committee passed by a two-thirds majority of its members on the strength of a medical opinion given in accordance with rules prescribed by the committee. if the knesset resolves as aforesaid, the place of the president of the state shall become vacant on the day of the resolution. 22. temporary cessation of exercise of office (amendment 2) the president of the state shall temporarily cease to carry out his functions and exercise his powers – if he leaves the territory of the state from the time of his leaving until his return; if he notifies the house committee that he is temporarily unable to carry out his functions and the knesset committee approves his notification by a majority of votes – from the time of the approval of the notification until the expiration of the period fixed by the committee in its resolution or until the president of the state notifies the house committee that he is no longer unable to carry out his functions, whichever is the earlier date; if the house committee, by a two-thirds majority of its members, on the strength of a medical opinion given in accordance with rules prescribed by the committee, resolves that for reasons of health the president of the state is temporarily unable to carry out his functions – from the passing of the resolution until the expiration of the period fixed by the house committee in the resolution or until the house committee resolves that the president is no longer unable to carry out his functions. the house committee shall not, under subsection (a)(2) or (3), fix a period exceeding three months. it may extend the period, without a break, up to a maximum of three additional months. any further extension shall require a resolution of the knesset passed by a majority of the members of the knesset upon the proposal of the house committee. 23. interim president and acting president if the place of the president of the state has fallen vacant, and so long as the new president has not yet begun to hold office, the chairman of the knesset shall hold office as interim president of the state. during a period in which the president of the state has temporarily ceased to carry out his functions and exercise his powers, the chairman of the knesset shall hold office as acting president of the state. while holding office as interim president of the state or acting president of the state, the chairman of the knesset shall carry out the functions assigned to the president of the state by law and shall exercise the powers vested in the president of the state by law. 24. notices in reshumot the chairman of the knesset shall publish a notice in “reshumot” as to the commencement of the tenure of the president of the state; the vacancy of the place of the president of the state; the commencement and termination of the tenure of the chairman of the knesset as acting president of the state under section 22(a)(2) and (3). the prime minister shall publish a notice in “reshumot” as to the president's leaving the territory of the state and as to his return. 25. law not to be affected by emergency regulations notwithstanding the provisions of any other law, this law cannot be varied, suspended, or made subject to conditions, by emergency regulations. 26. repeal there are hereby repealed sections 2(c), 6 and 7 of the transition law, 5709-1949; the state president (tenure) law, 5712-1951; the state president, government members and chief rabbis of israel (fixing of salaries) law, 5711-1950, shall no longer apply to the salary of the president of the state or to payments due to him or his survivors. 27. transitional provision the president of the state who was elected by the knesset on the 27th iyar, 5723 (21st may, 1963) shall be deemed to have been elected, and to hold office, under this law. basic law. the state economy (1975) 1. taxes, compulsory loans, and fees (amendment 1) taxes, compulsory loans and other compulsory payment shall not be imposed, and their amounts shall not be varied, save by or under law; the same shall apply with regard to fees. where the amounts of any taxes, compulsory loans or other compulsory payments, or fees, payable to the treasury are not prescribed in the law itself, and the law does not provide that the amounts prescribed therefore by regulations shall require approval by the knesset or by a committee of the knesset, the amounts prescribed therefore by regulations shall require approval in advance or within the period prescribed by the law by a decision of the knesset or of a committee of the knesset empowered by it in that behalf. 2. state property transactions in state property and the acquisition of rights and assumption of liabilities on behalf of the state shall be effected by a person empowered in that behalf by or under law. 3. the state budget (amendments 1, 2, and 7) a the state budget shall be prescribed by law. the budget shall be for one year and shall set out the expected and planned expenditure of the government. b the government shall lay the budget bill on the table of the knesset at the time prescribed by the finance committee of the knesset but not later than sixty days before the beginning of the fiscal year the budget bill shall be detailed. the detailed budget bill of the ministry of defense shall not be laid on the table of the knesset but on the table of a joint committee of the finance committee and the foreign affairs and security committee of the knesset. the budget bill shall be accompanied by an estimate of the sources for financing the budget. in case of necessity, the government may bring in an additional budget bill during the fiscal year. where it appears to the government that the budget law will not be adopted before the beginning of the fiscal year, it may bring in an interim budget bill. the minister of finance shall submit to the knesset every year a report on the implementation of the state budget. particulars shall be prescribed by law. 3a. multi-annual budget (amendment 4) towards every fiscal year, the government shall prepare a multi-annual budget plan that will include the budget bill for the coming year, as well as a budget plan for the two following consecutive years. the government shall submit to the knesset the multi-annual budget plan together with the budget bill. every budget bill submitted by the government to the knesset shall be based on the multi-annual budget plan prepared and submitted under with this section in the previous year. 3b. failure to adopt budget (amendment 5) in case of non-adoption of the budget law prior to the beginning of the fiscal year, the government is entitled to spend every month a sum equal to one twelfth of the previous annual budget, with increase linked to the consumer price index published by the central bureau of statistics. funds under subsection (a) shall be designated first of all to fulfill the state's obligations by virtue of law, contracts and treaties. the remainder shall be used by the government only for the operation of vital services and activities included in the previous budget law. this section may not be altered, save by a majority of the members of the knesset. 3c. legislation requiring a budget (amendment 6, announcements 1 and 2) a budgetary bill shall not be passed by the knesset, save with the votes of at least 50 members of the knesset. the aforementioned majority is required in the first, second and third readings. however, should a bill turn into a budgetary bill after first reading, the aforementioned majority is required in the second and third readings. a budgetary reservation shall not be passed by the knesset, save with the votes of at least 50 members of the knesset. where a budgetary reservation to a bill is passed, the bill shall not pass the third reading save with the votes of at least 50 members of the knesset. the determination of the budgetary cost, for the purpose of this section, of a bill or reservation, shall be that of the knesset committee deliberating that bill or reservation (hereinafter the committee). the committee shall determine the budgetary cost by the evaluation of the minister of finance, or someone authorized by him for that purpose, unless it has been proven to its satisfaction, by another evaluation submitted to it, that the budgetary cost is different from that evaluated by the minister of finance. evaluations under this section shall be submitted together with data and estimates. in this section "budgetary bill" – means a bill fulfilling all of the following: "budgetary reservation" – means a reservation to a bill, fulfilling all of the following: its implementation involves a budgetary cost of 5,991,899 new israeli shekels or more, in any budget year; the government has not given its consent to the budgetary cost; "budgetary cost" – means expenditure or a commitment for expenditure from state budget, or a diminution in state revenues, even if that expenditure or diminution is accompanied by a reduction in expenditure or a commitment for expenditure from state budget, or by an increase in state revenues; "expenditure from state budget", "diminution of state revenues" including expenditure from the budget of a budgeted body, or a diminution in the revenues of a budgeted body; "budgeted body" – as defined by article 21 of the foundations of the budget act, 5745-1985. the sums specified in the definitions of "budgetary bill" and "budgetary reservation" in subsection (d) shall be updated on the 1st of january of every year, according to the rate of change in the consumer price index published by the central bureau of statistics. the provisions of this section shall not apply to a bill regarding the dissolution of the knesset and holding elections. 4. currency notes and coins the printing of legal tender currency notes and the minting of legal tender coins, and the issue thereof, shall be done under law. 5. inspection (amendment 3) the state economy shall be subject to the inspection of the state comptroller. basic law. the military (1976) 1. defence army of israel the defence army of israel is the army of the state. 2. subordination to civil authority the army is subject to the authority of the government. the minister in charge of the army on behalf of the government is the minister of defence. 3. chief of the general staff the supreme command level in the army is the chief of the general staff. the chief of the general staff is subject to the authority of the government and subordinate to the minister of defence. the chief of the general staff shall be appointed by the government upon the recommendation of the minister of defence. 4. duty to serve and recruitment the duty of serving in the army and recruitment for the army shall be as prescribed by or by virtue of law. 5. instructions and orders in the army the power to issue instructions and orders binding in the army shall be prescribed by or by virtue of law. 6. other armed forces no armed force other than the defence army of israel shall be established or maintained except under law. basic law. jerusalem, capital of israel (1980) 1. jerusalem, capital of israel jerusalem, complete and united, is the capital of israel. 2. seat of the president, the knesset, the government and the supreme court jerusalem is the seat of the president of the state, the knesset, the government and the supreme court. 3. protection of holy places the holy places shall be protected from desecration and any other violation and from anything likely to violate the freedom of access of the members of the different religions to the places sacred to them or their feelings towards those places. 4. development of jerusalem the government shall provide for the development and prosperity of jerusalem and the well-being of its inhabitants by allocating special funds, including a special annual grant to the municipality of jerusalem (capital city grant) with the approval of the finance committee of the knesset. jerusalem shall be given special priority in the activities of the authorities of the state so as to further its development in economic and other matters. the government shall set up a special body or special bodies for the implementation of this section. 5. area of the jurisdiction of jerusalem (amendment 1) the jurisdiction of jerusalem includes, as pertaining to this basic law, among others, all of the area that is described in the appendix of the proclamation expanding the borders of municipal jerusalem beginning the 20th of sivan 5727 (june 28, 1967), as was given according to the cities' ordinance. 6. prohibition of the transfer of authority (amendment 1) no authority that is stipulated in the law of the state of israel or of the jerusalem municipality may be transferred either permanently or for an allotted period of time to a foreign body, whether political, governmental or to any other similar type of foreign body. 7. entrenchment (amendment 1) clauses 5 and 6 shall not be modified except by a basic law passed by a majority of the members of the knesset. basic law. the judiciary (1984) chapter one. basic provisions 1. judicial power judicial power is vested in the following courts: the supreme court; a district court; a magistrate's court; another court designated by law as a court. in this law, "judge" means a judge of a court as aforesaid. judicial power is vested also in the following: a religious court (beit din); any other court (beit din): another authority all as prescribed by law. no court or court (beit din) shall be established for a particular case. 2. independence a person vested with judicial power shall not, in judicial matters, be subject to any authority but that of the law. 3. publicity of proceedings a court shall sit in public unless otherwise provided by law or unless the court otherwise directs under law. chapter two. judges 4. appointment of judges a judge shall be appointed by the president of the state upon election by a judges' election committee. the committee shall consist of nine members, namely, the president of the supreme court, two other judges of the supreme court elected by the body of judges thereof, the minister of justice and another minister designated by the government, two members of the knesset elected by the knesset and two representatives of the chamber of advocates elected by the national council of the chamber. the minister of justice shall be the chairman of the committee. the committee may act even if the number of its members has decreased, so long as it is not less than seven. 5. nationality only an israeli national shall be appointed judge. 6. declaration of allegiance a person appointed judge shall make a declaration of allegiance before the president of the state. the declaration shall be as follows: "i pledge myself to be in allegiance to the state of israel and to its laws, to dispense justice fairly, not to pervert the law and to show no favor.". 7. period of tenure (amendment 2) the tenure of a judge shall begin upon his declaration of allegiance and shall end only upon his retirement on pension; or upon his resignation; or upon his being elected or appointed to one of the positions the holders of which are debarred from being candidates for the knesset; or upon a decision of the judges' election committee prepared by the chairman of the committee, the ombudsman of the israeli judiciary, or the president of the supreme court and passed by a majority of at least seven members; or upon a decision of the court of discipline. 8. retired judge a judge who has retired on pension may be appointed to the position of a judge for such time, in such manner and on such conditions as may be prescribed by law. 9. restriction on re-posting a judge shall not be permanently transferred from the locality where he is serving to a court in another locality save with the consent of the president of the supreme court or pursuant to a decision of the court of discipline. a judge shall not without his consent be appointed to an acting position at a lower court. 10. salary and benefits the salaries of judges and other payments to be made to them during or after their period of tenure or to their survivors after their death shall be prescribed by law or by a decision of the knesset or of a knesset committee empowered by the knesset in that behalf. no decision shall be passed reducing the salaries of judges only. 11. judge not to engage in additional occupation, etc a judge shall not engage in an additional occupation, and shall not carry out any public function save under law or with the consent of the president of the supreme court and the minister of justice. 12. criminal proceedings no criminal investigation shall be opened against a judge save with the consent of the attorney-general, and no indictment shall be filed against a judge save by the attorney-general. a criminal charge against a judge shall not be tried save before a district court consisting of three judges, unless the judge has consented that the charge be tried in the ordinary manner. the provisions of this section shall not apply to categories of offences designated by law. 13. disciplinary proceedings a judge shall be subject to the jurisdiction of a court of discipline. a court of discipline shall consist of judges or judges retired on pension appointed by the president of the supreme court. provisions as to the grounds for instituting disciplinary proceedings, the modes of filing complaints, the composition of the bench, the powers of the court of discipline and the disciplinary measures it shall be authorized to impose shall be prescribed by law. the rules of procedure shall be in accordance with law. 14. suspension (amendment 1) where a complaint is filed, criminal investigation is initiated, or indictment is filed against a judge, the president of the supreme court may suspend him from office for such period as he may prescribe. chapter three. the courts 15. supreme court the seat of the supreme court is jerusalem. the supreme court shall hear appeals against judgments and other decisions of the district courts. the supreme court shall sit also as a high court of justice. when so sitting, it shall hear matters in which it deems it necessary to grant relief for the sake of justice and which are not within the jurisdiction of another court (beit mishpat or beit din). without prejudice to the generality of the provisions of subsection (c), the supreme court sitting as a high court of justice shall be competent to make orders for the release of persons unlawfully detained or imprisoned. to order state and local authorities and the officials and bodies thereof, and other persons carrying out public functions under law, to do or refrain from doing any act in the lawful exercise of their functions or, if they were improperly elected or appointed, to refrain from acting; to order courts (batei mishpat and batei din) and bodies and persons having judicial or quasijudicial powers under law, other than courts dealt with by this law and other than religious courts (batei din), to hear, refrain from hearing, or continue hearing a particular matter or to void a proceeding improperly taken or a decision improperly given; to order religious courts (batei din) to hear a particular matter within their jurisdiction or to refrain from hearing or continue hearing a particular matter not within their jurisdiction, provided that the court shall not entertain an application under this paragraph if the applicant did not raise the question of jurisdiction at the earliest opportunity; and if he had no reasonable opportunity to raise the question of jurisdiction until a decision had been given by a religious court (beit din), the court may quash a proceeding taken or a decision given by the religious court (beit din) without authority. other powers of the supreme court shall be prescribed by law. 16. other courts the establishment, powers, places of sitting and areas of jurisdiction of the district courts, the magistrates' courts and other courts shall be in accordance with law. 17. appeal a judgment of a court of first instance, other than a judgment of the supreme court, shall be appealable as of right. 18. further hearing in a matter adjudged by the supreme court by a bench of three, a further hearing may be held by a bench of five or more, on such grounds and in such manner as shall be prescribed by law. 19. retrial in a criminal matter adjudged finally, a retrial may be held on such grounds and in such manner as shall be prescribed by law. 20. established rule a rule laid down by a court shall guide any lower court. a rule laid down by the supreme court shall bind any court other than the supreme court. 21. registrar a court may have a registrar, who may or may not be a judge. chapter four. miscellaneous provisions 22. law not to be affected by emergency regulations this law cannot be varied, suspended, or made subject to conditions by emergency regulations. 23. provisions to be prescribed by law provisions as to the following matters shall be prescribed by law: the manner of electing, and duration of the tenure of, the members of the judges' election committee; qualifications for the posts of judges of the various grades; the manner of appointing the president of the supreme court, the deputy president of the supreme court and the president and vice-president of a district court and a magistrate's court; the conditions and procedures for terminating the tenure of a judge; the manner of appointing a judge to an acting assignment at another court and of transferring a judge, temporarily or permanently, from the locality where he is serving to a court in another locality; proceedings for the suspension of a judge from office, and review of the suspension; the matters which the courts of the different grades are to hear by a single judge or by three or more judges; the manner of designating the judge or judges who is or are to hear a particular matter. 24. provisions to be prescribed under law provisions as to the following matters shall be prescribed under law: rules as to the administration of the courts, the making thereof and responsibility for their implementing; the rules of procedure of the judges' election committee; procedure for the resignation of a judge; procedure for the appointment and the powers of the registrar of a court; the number of judges who are to serve in the courts of the different grades and location. basic law. the state comptroller (1988) 1. essence the state audit shall be implemented by the state comptroller. 2. state audit the comptroller will audit the economy, the property, the finances, the obligations and the administration of the state, of government ministries, of all enterprises, institutions, or corporations of the state, of local authorities, and of bodies or other institutions which were defined by law as subject to audit by the state comptroller. the state comptroller shall inspect the legality, integrity, managerial norms, efficiency and economy of the audited bodies, as well as any other matter which he deems necessary. 3. duty to provide information a body subject to state audit will, upon request, immediately provide the state comptroller with information, documents, explanations, or any other material which the comptroller deems necessary for audit purposes. 4. comptroller as commissioner for complaints the state comptroller will investigate complaints from the public about bodies and persons, as provided by law: in this capacity the state comptroller shall bear the title 'commissioner for complaints from the public'. 5. additional tasks the state comptroller shall undertake additional tasks as provided by law. 6. accountability to the knesset in carrying out his functions, the state comptroller shall be accountable only to the knesset and not to the cabinet. 7. election and term of office (amendment 1) the state comptroller shall be chosen by the knesset in a secret ballot; the exact arrangements shall be set by law. the term of office of the state comptroller shall be seven years. the state comptroller will serve for one term only. 8. qualifications (amendment 1) any israeli citizen, residing in israel, shall be eligible to serve as state comptroller; any additional qualifications may be determined by law. 9. pledge of allegiance the state comptroller elected shall make and sign before the knesset the following declaration: 'i pledge allegiance to the state of israel and to its laws, and will faithfully carry out my duties as state comptroller'. 10. budget the budget of the state comptroller's office shall be determined by the appropriations committee of the knesset, upon the recommendation of the state comptroller, and will be published together with the state budget. 11. salary and emoluments the salary of the state comptroller and other payments made to him during his term of office or subsequently, or to his survivors upon his demise, shall be determined by law or by a knesset resolution or by a duly authorized committee of the knesset. 12. contact with knesset and issuance of reports the state comptroller shall maintain contact with the knesset, as determined by law. the state comptroller shall issue reports and opinions within the scope of his duties and shall publish them, subject to any restrictions determined by law. 13. removal from office (amendment 2) the state comptroller shall not be removed from office except by one of the following: due to reasons of health he is unable, permanently, to fulfill his functions – on the day the knesset has resolved such by a resolution passed by a majority of the members of the knesset, following procedure to be determined by law. due to conduct unbecoming his status as state comptroller on the day the knesset has resolved such by a resolution passed by a three-quarters majority of the members of the knesset, following procedure to be determined by law. 14. acting state comptroller if the state comptroller is not able to fulfill his functions, an acting comptroller shall be appointed, in a manner and for a period as determined by law. basic law. human dignity and liberty (1992) 1. basic principles (amendment 1) fundamental human rights in israel are founded upon recognition of the value of the human being, the sanctity of human life, and the principle that all persons are free; these rights shall be upheld in the spirit of the principles set forth in the declaration of the establishment of the state of israel. 1a. purpose (amendment 1) the purpose of this basic law is to protect human dignity and liberty, in order to establish in a basic law the values of the state of israel as a jewish and democratic state. 2. preservation of life, body and dignity there shall be no violation of the life, body or dignity of any person as such. 3. protection of property there shall be no violation of the property of a person. 4. protection of life, body and dignity all persons are entitled to protection of their life, body and dignity. 5. personal liberty there shall be no deprivation or restriction of the liberty of a person by imprisonment, arrest, extradition or otherwise. 6. leaving and entering israel all persons are free to leave israel. every israel national has the right of entry into israel from abroad. 7. privacy all persons have the right to privacy and to intimacy. there shall be no entry into the private premises of a person who has not consented thereto. no search shall be conducted on the private premises of a person, nor in the body or personal effects. there shall be no violation of the confidentiality of conversation, or of the writings or records of a person. 8. violation of rights (amendment 1) there shall be no violation of rights under this basic law except by a law befitting the values of the state of israel, enacted for a proper purpose, and to an extent no greater than is required, or by regulation enacted by virtue of express authorization in such law. 9. reservation regarding security forces there shall be no restriction of rights under this basic law held by persons serving in the israel defense forces, the israel police, the prisons service and other security organizations of the state, nor shall such rights be subject to conditions, except by virtue of a law, or by regulation enacted by virtue of a law, and to an extent no greater than is required by the nature and character of the service. 10. validity of laws this basic law shall not affect the validity of any law (din) in force prior to the commencement of the basic law. 11. application all governmental authorities are bound to respect the rights under this basic law. 12. stability this basic law cannot be varied, suspended or made subject to conditions by emergency regulations; notwithstanding, when a state of emergency exists, by virtue of a declaration under section 9 of the law and administration ordinance, 5708-1948, emergency regulations may be enacted by virtue of said section to deny or restrict rights under this basic law, provided the denial or restriction shall be for a proper purpose and for a period and extent no greater than is required. basic law. freedom of occupation (1994) 1. basic principles fundamental human rights in israel are founded upon recognition of the value of the human being, the sanctity of human life, and the principle that all persons are free; these rights shall be upheld in the spirit of the principles set forth in the declaration of the establishment of the state of israel. 2. purpose the purpose of this basic law is to protect freedom of occupation, in order to establish in a basic law the values of the state of israel as a jewish and democratic state. 3. freedom of occupation every israel national or resident has the right to engage in any occupation, profession or trade. 4. violation of freedom of occupation there shall be no violation of freedom of occupation except by a law befitting the values of the state of israel, enacted for a proper purpose, and to an extent no greater than is required, or by regulation enacted by virtue of express authorization in such law. 5. application all governmental authorities are bound to respect the freedom of occupation of all israel nationals and residents. 6. stability this basic law shall not be varied, suspended or made subject to conditions by emergency regulations. 7. entrenchment this basic law shall not be varied except by a basic law passed by a majority of the members of the knesset. 8. effect of nonconforming law (amendment 2) a provision of a law that violates freedom of occupation shall be of effect, even though not in accordance with section 4, if it has been included in a law passed by a majority of the members of the knesset, which expressly states that it shall be of effect, notwithstanding the provisions of this basic law; such law shall expire four years from its commencement unless a shorter duration has been stated therein. the provision regarding the expiration of validity, mentioned in subsection (a) shall not apply to a law adopted within one year from the date in which this basic law entered into effect. 9. repeal basic law: freedom of occupation is hereby repealed. 10. provisional (amendments 1 and 2) the provisions of any enactment which, immediately prior to this basic law would have been of effect but for this basic law or the basic law repealed in section 9, shall remain in effect until the day of 14 march 2002, unless repealed earlier; however, such provisions shall be construed in the spirit of the provisions of this basic law. 11. amendment of basic law: human dignity and liberty in basic law: human dignity and liberty – section 1 shall be designated 1(a) and shall be preceded by the following section: “basic principles "1. fundamental human rights in israel are founded upon recognition of the value of the human being, the sanctity of human life, and the principle that all persons are free; these rights shall be upheld in the spirit of the principles set forth in the declaration of the establishment of the state of israel.” at the end of section 8, the following shall be added: "or by regulation enacted by virtue of express authorization in such law." basic law. the government (2001) 1. what the government is the government is the executive authority of the state. 2. seat of government the seat of the government is jerusalem. 3. confidence of the knesset the government holds office by virtue of the confidence of the knesset. 4. responsibility the government is collectively responsible to the knesset; each minister is responsible to the prime minister for the field of responsibility with which the minister has been charged. 5. composition the government is composed of a prime minister and other ministers. the prime minister shall be a member of the knesset. a minister need not be a member of the knesset. a minister shall be in charge of a ministry; there may be ministers without portfolio. one of the ministers who is a member of knesset may be designated as acting prime minister. a minister may be deputy prime minister. 6. eligibility of ministers a minister must be an israeli citizen and a resident of israel. a person shall not be appointed minister if he is serving in a position or role as specified in section 7 of the basic law: the knesset, unless he ceased functioning in the said position or role upon or prior to his appointment, as prescribed by law. c if a person was convicted of an offense and sentenced to prison and if seven years have not yet passed since the day he on which he finished serving his period of punishment, or since the handing down of his sentence whichever was later shall not be appointed minister, unless the chairman of the central election committee states that the circumstances of the offense do not involve moral turpitude. the chairman of the central election committee shall not so rule if the court determined that the offense involved moral turpitude. if a person holds a citizenship other than israeli, and if the law of the country of which he is a citizen allows him to be released from such citizenship, he shall be appointed minister only after he has taken all measures necessary to be released from such citizenship. a knesset member seceding from his faction and failing to tender his resignation as a knesset member may not be appointed as a minister during the period of service of that knesset. this does not apply to the splitting of a faction as defined by law. "secession from a faction" is defined in section 6(a) of the basic law: the knesset. 7. assignment of task of forming government when a new government has to be constituted, the president of the state shall, after consultation with representatives of party groups in the knesset, assign the task of forming a government to a knesset member who has notified him that he is prepared to accept the task; the president shall do so within seven days of the publication of the election results, or should the need arise to form a new government; and in the case of the death of the prime minister, within 14 days of his death. should this consultation take place before the new knesset is convened, the president will consult the representatives of the lists of candidates to be represented in the new knesset. this section shall not apply to the formation of a government following a no confidence vote according to section 28 or in the event of an application to the president under section 29(b), and the provisions specified in those sections shall apply. 8. periods for formation of government the knesset member to whom the president has assigned the task of forming a government under section 7 shall have a period of 28 days for the fulfillment of such task. the president of the state may extend the period by additional periods not exceeding in the aggregate 14 days. 9. re-assignment of task where the periods referred to in section 8 have passed and the knesset member has not notified the president of the state that he has formed a government, or where he has notified him before then that he is unable to form a government, or where he presented a government and the knesset rejected his request for confidence under section 13(d), the president may assign the task of forming a government to another knesset member who has notified him that he is prepared to accept the task, or may inform the chairman of the knesset that he sees no possibility of forming a government all within three days from the end of the period, or from the day of the knesset member's statement that he cannot form a government, or from the rejection of confidence in the government, as applicable. before assigning the task of forming a government under this section, or before informing the chairman of the knesset that he sees no possibility of forming a government, the president may again consult with representatives of factions in the knesset. a knesset member to whom the task of forming a government has been assigned under this section shall have 28 days in which to do so. 10. assignment of task at the request of party groups where the president of the state has informed the chairman of the knesset, under section 9(a) that he sees no possibility of forming a government, or where he has assigned the task of forming a government to a knesset member under the same section and the knesset member has not notified him within 28 days that he has formed a government, or has notified him before then that he is unable to form a government, or presented a government and the knesset rejected his request for confidence under section 13(d), a majority of the members of the knesset may request, in writing, that the president of the state assign the task to a particular member of the knesset, who so agreed in writing, all within 21 days of the president's announcement, or from the end of the period designated in section 9(c), or from the statement by the knesset member that he cannot form a government, or from the rejection of confidence in the government, as relevant. where a request as aforesaid has been submitted to the president, the president shall assign the task of forming a government to that knesset member within two days. a knesset member to whom the task of forming a government has been assigned under this section shall have a period of fourteen days for its fulfillment. 11. early elections in the event of failure to form a government should no request be submitted under section 10(a), or should a knesset member fail to form a government within the period defined in section 10(c), or if he should prior to that time inform the president that he cannot form a government, the president shall so inform the knesset chairman. should the president so inform the knesset chairman, or should a knesset member charged with forming a government under section 10(a) present a government and fail to win the confidence of the knesset under section 13(d), then the knesset shall be deemed to have decided to disperse prior to the completion of its period of service, and elections for the knesset will be held on the last tuesday before the end of 90 days of the president's announcement, or of the rejection of the request for confidence in the government, as relevant. 12. discontinuance of proceedings for formation of government when a law for the dissolution of the knesset has been adopted, the proceedings for the formation of a government shall cease. 13. formation of government where the president of the state has assigned to a knesset member the task of forming a government, he shall notify the chairman of the knesset to such effect, and the chairman of the knesset shall notify the knesset. where the knesset member has formed a government, he shall notify the president of the state and the chairman of the knesset to such effect, and the chairman of the knesset shall notify the knesset and set a date for the presentation of the government to the knesset within seven days of such notification. the knesset member who has formed a government shall head it. when a government has been formed, it shall present itself to the knesset, shall announce the basic lines of its policy, its composition and the distribution of functions among the ministers, and shall ask for an expression of confidence. the government is constituted when the knesset has expressed confidence in it, and the ministers shall thereupon assume office. 14. declaration of allegiance as soon as, or as soon as possible after, the knesset has expressed confidence in the government, the prime minister shall make before the knesset the following declaration of allegiance: "i (name) as prime minister undertake to uphold the state of israel and its laws, to faithfully fulfill my role as the prime minister and to comply with the decisions of the knesset"; and each of the other ministers shall make the following declaration of allegiance: "i (name) as a member of the government, undertake to uphold the state of israel and its laws, to faithfully fulfill my role as a member of the government, and to comply with the decisions of the knesset.". 15. cooption of a minister the government may, upon the proposal of the prime minister, coopt an additional minister to the government. when the government has decided to coopt a minister, it shall notify such fact and the function of the additional minister to the knesset. upon the approval of the notification by the knesset, the additional minister shall assume office, and as soon as possible after the approval he shall make his declaration of allegiance. 16. acting prime minister should the prime minister be absent from israel, meetings of the government will be convened and conducted by the designated acting prime minister. should the prime minister be temporarily unable to discharge his duties, his place will be filled by the acting prime minister. after the passage of 100 days upon which the prime minister does not resume his duties, the prime minister will be deemed permanently unable to exercise his office. failing the appointment of a designated acting prime minister, or should the acting prime minister be prevented from fulfilling his duties under sections (a) and (b) above, the government shall designate another minister, who is a member of the knesset, to exercise that office. 17. interrogation and impeachment of the prime minister criminal proceedings shall not be commenced against the prime minister save with the agreement of the attorney general. criminal proceedings shall not be commenced against someone who served as prime minister on suspicion of an offense committed while in office or within a year after serving in office, save with the consent of the attorney general. an indictment against the prime minister will be filed and presided over in the jerusalem district court, in a presidium of three judges; proceedings regarding an indictment filed before the prime minister begins his term of office shall be prescribed by law. should the court convict the prime minister of an offense, it will state in its decision whether the offense involved moral turpitude. 18. removal from office pursuant to an offense should the prime minister be convicted of an offense, which the court states involves moral turpitude, the knesset may remove him from office, pursuant to a decision of a majority of the knesset members. should the knesset so decide, the government shall be deemed to have resigned. within 30 days of the verdict becoming final, the house committee of the knesset will render its decision regarding its recommendation pertaining to the removal of the prime minister from office, and shall present its recommendation to the knesset plenum; should the house committee fail to bring its recommendation to the plenum during the prescribed period, the chairman will raise the issue in the knesset plenum. no decision shall be made by either the knesset or the house committee of the knesset regarding the removal of the prime minister from office, before the prime minister has been given an opportunity to state his case before them. should the knesset decide not to remove the prime minister from office, and should the verdict as per subsection (a) above become final, the prime minister will cease to serve in office and the government shall be deemed to have resigned on the day the verdict becomes final. the provisions of sections 42(a) and 42(b) of the basic law: the knesset, shall not apply to the prime minister. 19. resignation of prime minister the prime minister may, after notifying the government of his intention to do so, resign by submitting a letter of resignation to the president of the state. the resignation of the prime minister shall be deemed to be the resignation of the government. 20. death or permanent incapacity of prime minister if the prime minister dies, the government shall be deemed to have resigned on the day of his death. should the prime minister be permanently incapacitated, the government shall be deemed to have resigned on the 101st day during which the acting prime minister served in his place. 21. prime minister or acting prime minister ceasing to function as members of knesset should the prime minister cease to be a member of the knesset, he will be deemed to have resigned on the day his membership of the knesset ceased. the resignation of the prime minister shall be deemed to be the resignation of the government. should an acting prime minister cease to be a knesset member, he shall cease to serve as acting prime minister. 22. termination of tenure of minister a minister, other than the prime minister, may, after informing the government of his intention to do so, resign from the government by submitting a letter of resignation to the prime minister. his service in the government will be terminated upon the passage of 48 hours from the time the letter of resignation reached the prime minister, unless he retracts his resignation prior to such time. the prime minister may, after informing the government of his intention to do so, remove a minister from his post; the removal of minister will take effect 48 hours after the letter notifying thereof was given to the minister, unless the prime minister retracts prior to such time. the tenure of a minister in the government ceases upon his election or appointment to one of the function the holders of which are debarred from being candidates for the knesset. 23. termination of tenure of minister pursuant to an offense an indictment against a minister, except for offenses to be determined by law, will be presented and judged in a district court; procedures regarding indictments filed before a minister assumed tenure will be determined by law. should a minister be convicted by the court, it shall state in its verdict whether the offense involves moral turpitude; should the court so state, the minister's tenure shall cease on the day of such verdict. this section does not apply to the prime minister. 24. acting minister should a minister, except for the prime minister, be absent from the country, the government can charge another minister to take his place. the acting minister will discharge the minister's duties, in all or in part, as determined by the government. should a minister cease to hold office or be temporarily incapable of discharging his duties, the prime minister or another minister appointed by the government will discharge his duties. the period of tenure of an acting minister under subsection (b) will not exceed three months. 25. deputy ministers the minister in charge of an office, may, with the consent of the prime minister and the approval of the government, appoint one deputy minister for the office from among the knesset members. a deputy minister shall assume his role after notice of his appointment has been given by the government at the knesset; a deputy minister appointed by the prime minister shall be entitled "a deputy minister in the prime minister's office". the deputy minister shall act both in the knesset and in the ministry, on behalf of the minister who appointed him and within the parameters allocated to him. a knesset member seceding from his faction may not be appointed to the position of deputy minister during the period of service of the same knesset. this provision does not apply to the splitting of a faction under the conditions prescribed by law; for the purposes of this subsection, "secession from a faction" as defined by section 6(a) of the basic law: the knesset. 26. termination of service of a deputy minister the service of a deputy minister will be terminated in any of the following cases: the deputy minister resigned by submitting a letter of resignation to the minister who appointed him; the minister who appointed him ceased being a minister or being in charge of the same office. the prime minister, the government or the appointing minister decide to terminate the service of the deputy minister; however, the prime minister will not dismiss a deputy minister without first informing both the government and the appointing minister of his intention to do so. a new government was formed. the deputy minister ceased being a knesset member. 27. termination of tenure of deputy minister pursuant to an offense should a deputy minister be convicted by the court, it shall state in its judgment whether the offense involves moral turpitude; should the court so state, the deputy minister's tenure shall cease on the day of the judgment. 28. expression of no confidence in the government the knesset may adopt an expression of no confidence in the government. an expression of no confidence in the government will be by a resolution adopted by the majority of the members of the knesset to request that the president of the state assign the task of forming a government to a certain knesset member who gave his written consent thereto. if the knesset has expressed no confidence in the government, the government shall be deemed to have resigned on the day of the expression of no confidence. the president will, within two days, charge the knesset member so named with the task of forming a government. a knesset member to whom the task of forming a government has been assigned by the president of the state under this section shall have a period of 28 days for its fulfillment. the president may extend the period by additional periods not in the aggregate exceeding 14 days. where the periods referred to in subsection (d) have passed and the knesset member has not notified the president of the state that he has formed a government, or where he has notified him before then that he is unable to form a government, the president will so notify the chairman of the knesset. if the president of the state so informed the chairman of the knesset as per subsection (e), or where the knesset member to whom the task of forming a government has been assigned under this section presented a government and the knesset rejected his request for confidence under section 13(d), it will be deemed to be a knesset resolution to disperse prior to the completion of its period of service, and elections to the knesset will be held on the last tuesday before the end of 90 days of the president's announcement, or of the rejection of the request for confidence in the government, as relevant. 29. authority to disperse the knesset should the prime minister ascertain that a majority of the knesset opposes the government, and that the effective functioning of the government is prevented as a result, he may, with the approval of the president of the state, disperse the knesset by way of an order to be published in reshumot. the order will enter into effect 21 days after its publication, unless a request is submitted under subsection (c), and the government will be deemed to have resigned on the day of the order's publication. within 21 days of the publication of the order, a majority of the knesset members may request in writing from the president of the state to assign the task of forming a government to a certain knesset member who gave his written consent thereto, and who is not the prime minister. where a request as aforesaid in subsection (b) has been submitted to the president of the state, the president shall inform the chairman of the knesset. the president shall assign the task of forming a government to the knesset member named in the request within two days. the knesset member to whom the task of forming a government has been assigned under this section shall have a period of 28 days for its fulfillment. the president of the state may extend the period by additional periods not in the aggregate exceeding 14 days. where no such request was submitted under subsection (b), or where the periods referred to in subsection (d) have passed and the knesset member has not notified the president of the state that he has formed a government, or where he has notified him before then that he is unable to form a government, the president will so notify the chairman of the knesset. if the president of the state gave notice under subsection (e) or if the knesset member presented a government and the knesset rejected the request that it express confidence in it under section 13(d), then the knesset is deemed to have decided to disperse before the end of its term of office, and elections to the knesset will be held on the last tuesday before the end of 90 days of the day of the order's entry into effect, or of the day the periods to form a government has passed, or of the day of the announcement to the president, or of the day of the rejection of the request for confidence in the government, as relevant. the prime minister may not exercise his authority according to this section from the beginning of the period of service of the incoming knesset and until the establishment of the new government; after the knesset has expressed no confidence in the government under section 28; after the resignation of the prime minister, or from the day on which a verdict was given stating he has committed an offense carrying moral turpitude and until the knesset plenum renders its decision in the matter in accordance with the provisions of section 18(a). an acting prime minister shall not be entitled to exercise the authority of the prime minister under this section. 30. continuity of government when a new knesset has been elected or the government has resigned under sections 18, 19, 20, 21, 28 or 29, or if a request is submitted under section 29(b), the president of the state shall begin proceedings for the formation of a new government, as laid out in this basic law. when a new knesset has been elected or the government has resigned under sections 18, 19, 20, 21 28 or 29, the outgoing government shall continue to carry out its functions until the new government is constituted. a prime minister who has resigned shall continue to carry out his functions pending the constitution of the new government. if the prime minister has died, or is permanently incapacitated from carrying out his duties, or if his tenure was ended because of an offense, the government shall designate another of the ministers who is a member of the knesset and of the prime minister's faction to be interim prime minister pending the constitution of the new government. a government that serves under subsection (b) may appoint a knesset member as a minister in place of a minister who has ceased to serve; the appointment of a minister under this subsection does not require the approval of the knesset. 31. functioning of the government the government may, with the approval of the knesset, change the division of roles among the ministers, with the exception of the role of the prime minister. the government may, with the approval of the knesset, transfer authorities and duties legally belonging to one minister, in all or in part, to another minister. the government may, with the approval of the knesset, unite or divide government ministries, abolish or establish new ministries. the government may transfer areas of actions from one ministry to another. the government may establish permanent or temporary ministerial committees, or for particular matters; after the appointment of a committee the government may conduct its operations through it. the government will set work, meetings and debate procedures, and decision-making processes in the government, whether permanent or for a specific matter. 32. residual powers of government the government is authorized to perform in the name of the state, and subject to any law, all actions which are not legally incumbent on another authority. 33. delegation of powers powers granted by law (din) to the government may be delegated to one of the ministers; this does not apply to powers granted in accordance with this basic law, except for powers under section 32. powers granted to a minister by law, or transferred to him under the provisions of section 31(b), with the exclusion of the authority to make regulations, may be delegated by the minister, either totally or partially or subject to conditions, to a civil servant. powers delegated by the government to a minister, with the exception of the power to make regulations, may be delegated by the minister, either totally or partially or subject to conditions, to a civil servant, provided that the government empowered him to do so. for the purposes of this section, the power granted to the government or a minister also refers to duties incumbent upon them. the provisions of this section will apply provided no other intention is evidenced by the law conferring the power or imposing the obligation. 34. assumption of powers a minister charged with the implementation of a law, may assume any power, with the exception of powers of a judicial nature, granted by the same law to a civil servant, provided that no other intention is evidenced by the law; the minister may do the above for a particular matter or for a specific period. 35. secrecy the debates and decisions of the government and those of the ministerial committees regarding the following matters are secret and their disclosure and publication is prohibited: state security; foreign relations of the state; matters regarding which the government deems secrecy to be essential to the state, and a notification thereof having been declared in an order, for the purposes of this section; a matter that the government has decided to keep secret; the disclosure and publication of such matters is forbidden only to persons who were aware of the decision. the provisions of subsection (a) shall not apply to matters regarding which the government or the prime minister, or such persons that the government or the prime minister have so specifically authorized, have permitted their publication, or to matters the publication of which is legally mandatory. 36. salaries and pensions the salaries of the ministers and the deputy ministers and other payments paid to them during their period of service or thereafter, or to their next of kin after their deaths, will be specified by law, or by virtue of a decision of the knesset or of a knesset committee appointed by the knesset for that purpose. 37. regulations the minister charged with the implementation of a law, is empowered to make regulations for its implementation. a law may empower the prime minister or a minister to make regulations in a matter decided by the empowerment. 38. declaration of a state of emergency should the knesset ascertain that the state is in a state of emergency, it may, of its own initiative or pursuant to a government proposal, declare that a state of emergency exists. the declaration will remain in force for the period prescribed therein, but may not exceed one year; the knesset may make a renewed declaration of a state of emergency as stated. should the government ascertain that a state of emergency exists in the state, and that its urgency necessitates the declaration of a state of emergency even before it becomes possible to convene the knesset, it may declare a state of emergency. the declaration's validity shall expire upon 7 days from its proclamation, if not previously approved or revoked by the knesset pursuant to a decision by a majority of its members; should the knesset fail to convene, the government may make a renewed declaration of a state of emergency as stated in this subsection. the knesset and governmental declarations of a state of emergency will be published in reshumot; should publication in reshumot not be possible, another appropriate manner of publication will be adopted, provided that notification thereof be published in reshumot at the earliest possible date. the knesset may at all times revoke the declaration of the state of emergency; notification of its revocation will be published in reshumot. 39. state of emergency during a state of emergency the government may make emergency regulations for the defense of the state, public security and the maintenance of essential services and supplies; emergency regulations will be submitted to the foreign affairs and security committee at the earliest possible date after their enactment. should the prime minister deem it impossible to convene the government, and that there exists an immediate and critical need to make emergency regulations, he may make such regulations or empower a minister to make them. emergency regulations may alter any law, temporarily suspend its effect or introduce conditions, and may also impose or increase taxes or other compulsory payments, unless there is another provision by law. emergency regulations may not prevent recourse to legal action, or prescribe retroactive punishment, or allow infringement upon human dignity. emergency regulations shall not be enacted, nor shall arrangements, measures and powers be implemented in their wake, except to the extent warranted by the state of emergency. the force of emergency regulations shall expire three months after the day of their enactment, unless their force is extended by law, or they are revoked by the knesset by law or pursuant to a decision of a majority of the members of knesset. emergency regulations shall come into force on the day of their publication in reshumot; should publication in reshumot not be possible another appropriate means of publication will be adopted provided that they be published in reshumot at the earliest possible date. should the state of emergency cease to exist, the regulations enacted will remain in force for the duration of the prescribed period, however not longer than for 60 days after the termination of the state of emergency; state of emergency regulations whose force was lengthened by law shall remain in force. 40. declaration of war the state may only begin a war pursuant to a government decision. nothing in the provisions of this section will prevent the adoption of military actions necessary for the defense of the state and public security. notification of a government decision to begin a war under the provision of subsection (a) will be submitted to the knesset foreign affairs and security committee as soon as possible; the prime minister also will give notice to the knesset plenum as soon as possible; notification regarding military actions as stated in subsection (b) will be given to the knesset foreign affairs and security committee as soon as possible. 41. inapplicability of emergency laws notwithstanding the provisions of any law, emergency regulations cannot change this basic law, temporarily suspend it, or make it subject to conditions. 42. the government and knesset committees the government will provide the knesset and its committees with information upon request and will assist them in the discharging of their roles; special provisions will be prescribed by law for the classification of information when the same is required for the protection of state security and foreign relations or international trade connections or the protection of a legally mandated privilege. the knesset may, at the request of at least forty of its members, conduct a session with the participation of the prime minister, pertaining to a topic decided upon; requests as stated may be submitted no more than once a month. the knesset may obligate a minister to appear before it, similar authority is granted to any of the knesset committees within the framework of their tasks. any of the knesset committees may within the framework of the discharging of their tasks, and under the auspices of the relevant minister or with his knowledge, require a civil servant or any other person prescribed in the law, to appear before them. any minister may speak before the knesset and its committees. details regarding the implementation of this section may be prescribed by law or in the knesset rules. 43. change in election date when a the date for elections to the knesset has been set under sections 11, 28, and 29, the knesset may by a resolution passed by a majority of its members adopted within five days after grounds for holding the elections arose decide that because of the proximity of the date of elections to a holiday, festival day or memorial day, the elections will be postponed to a date no later than 100 days after the day on which such grounds arose. 44. permanence of the law this basic law can only be changed by a majority of the knesset members; the majority under this subsection will be required for decisions of the knesset plenum in the first, second and third readings; for purposes of this subsection, "change" is either explicit or by implication. the provisions of this subsection will not apply to sections 45 and 46. 45. amendment of basic law: the knesset no. 30 in the basic law: the knesset the following will be added after section 21: "21a. knesset supervision of secondary legislation "(c) regulations enacted by a minister whose violation entails criminal punishment shall not enter into force, unless they have been approved prior to publication by a committees of the knesset committees responsible for that matter; should the committee fail to approve or reject the regulations within 45 days of receiving the regulations, the regulations will be deemed approved. "(d) the provisions of this subsection do not prejudice the provisions of any basic law or other law regarding regulations." section 35 shall conclude "not later than five months from the adoption of the law." the following will be added after section 36: “36a. dispersion due to failure to adopt budget "(c) non-adoption of the budget law within three months subsequent to the beginning of the fiscal year will be considered to be a knesset decision on its dispersion, prior to the completion of its term of service, on the day following the end of this period (hereafter: the determining date), and early elections will be held on the last tuesday before the end of 90 days of the determining date, unless the knesset decides by a majority vote of its members, within five days of the determining date, that because of the proximity of the date of elections to a holiday, festival day or memorial day, to postpone the elections to a date no later than 100 days from the determining date. "(d) notwithstanding the provisions of subsection (a), should the president of the state begin procedures to form a new government under section 30 of the basic law: the government, or should a law be adopted to disperse the knesset, or should elections to the knesset be held, after the date for submission of the draft budget under section 3 of the basic law: the state economy and before the passage of three months from the beginning of the fiscal year, the determining day under subsection (a), shall be "three months from the beginning of the fiscal year or 45 days from the constitution of the government, whichever is later." 46. repeal of the basic law: the government the basic law: the government (1992) is repealed. 47. effect and applicability the provisions of this basic law shall apply to elections and to formation of the government, beginning with elections to the 16th knesset. subject to the provisions of subsection (a), this law shall go into effect on the day the government is formed as said in subsection (a). notwithstanding the provisions of subsection (b), section 44 shall go into effect on the day on which this law is published. section i the nation and its sovereignty chapter i article 1 the oriental republic of uruguay is the political association of all inhabitants included within its territory. article 2 it is and always shall be free and independent of any foreign power. article 3 it shall never be the patrimony of any person or of any family. chapter ii article 4 sovereignty to its full extent resides fundamentally in the nation, which has the exclusive authority to enact its laws in the manner which will be hereinafter set forth. chapter iii article 5 all religious sects are free in uruguay. the state supports no religion whatever. it recognizes the right of the catholic church to ownership of all temples which have been built wholly or partly from funds of the national treasury, with the sole exception of chapels dedicated for use by asylums, hospitals, prisons, or other public establishments. it likewise declares exempt from all forms of taxes the temples dedicated to worship by the various religious sects. chapter iv article 6 in international treaties which the republic may conclude there shall be proposed a clause to the effect that all differences which may arise between the contracting parties shall be settled by arbitration or other peaceful means. the republic shall seek to attain social and economic integration of the latin american states, especially in relation to the mutual protection of their products and raw materials. likewise, it shall seek an effective complementation of their public services. section ii. rights, duties and guarantees chapter i article 7 the inhabitants of the republic have the right of protection in the enjoyment of life, honor, liberty, security, labor, and property. no one may be deprived of these rights except in conformity with laws which may be enacted for reasons of general interest. article 8 all persons are equal before the law, no other distinctions being recognized among them save those of talent and virtue. article 9 the establishment of primogenital entailments is prohibited. no authority of the republic may grant any title of nobility or hereditary honors or distinctions. article 10 private actions of persons which do not in any way affect the public order or prejudice others shall be outside the jurisdiction of the magistrates. no inhabitant of the republic shall be obliged to do what the law does not require, or prevented from doing what it does not prohibit. article 11 the sanctity of the home is inviolable. no one may enter it by night without the consent of its master, and by day only at the express order of a competent judge, in writing, and in cases determined by law. article 12 no one may be punished or imprisoned without due process of law and a legal sentence. article 13 ordinary law may establish trial by jury in criminal cases. article 14 the penalty of confiscation of property may not be imposed for reasons of a political nature. article 15 no one may be arrested except in case of flagrante delicto or by written order of a competent judge based on reasonable grounds. article 16 in any of the cases contemplated in the preceding article, the judged, under the gravest responsibility, shall take the declaration of the person under arrest within twenty-four hours and shall begin the summary process within forty-eight hours at the most. the declaration of the accused must be taken in the presence of his defender. the latter shall also have the right to attend all summary hearings. article 17 in the event of unlawful detention, the interested party or any other person may apply to the competent judge for a writ of "habeas corpus" to the end that the detaining authority shall immediately explain and justify the legal grounds for such detention, the decision of the aforementioned judge being final. article 18 the laws shall establish the procedure and formalities of trials. article 19 trials by commission are prohibited. article 20 the taking of an oath by the accused in making a declaration or confession regarding his own acts is abolished; and it is prohibited that the accused shall be treated as a criminal. article 21 criminal trials in absentia are likewise abolished. the law shall make suitable provision to this effect. article 22 every criminal trial shall begin with an accusation by a complaining witness, or by the public prosecutor, secret examinations being abolished. article 23 all judges are responsible before the law for the slightest infringement of the rights of individuals as well as for deviation from the established order of procedure in that respect. article 24 the state, the departmental governments, the autonomous entities, the decentralized services, and in general any agency of the state, shall be civilly liable for injury caused to third parties, in the performance of public services, entrusted to their action or direction. article 25 whenever the injury has been caused by their officials, in the performance of their duties or by reason of such performance, in the event they have been guilty of gross negligence or fraud, the corresponding public agency may reclaim from them whatever has been paid as compensation. article 26 the death penalty shall not be applied to anyone. in no case shall brutal treatment be allowed in prisons; they shall be used only as a means of assuring that convicts and prisoners are reeducated, acquire an aptitude for work, and become rehabilitated. article 27 in any stage of a criminal trial which will not result in a penitentiary sentence, judges may place the accused at liberty, under a bond as determined by law. article 28 the papers of private individuals, their correspondence, whether epistolary, telegraphic, or of any other nature, are inviolable, and they may never be searched, examined, or intercepted except in conformity with laws which may be enacted for reasons of public interest. article 29 the expression of opinion on any subject by word of mouth, private writing, publication in the press, or by any other method of dissemination is entirely free, without prior censorship; but the author, printer or publisher as the case may be, may be held liable, in accordance with law, for abuses which they may commit. article 30 every inhabitant has the right of petition to all or any of the authorities of the republic. article 31 individual security may not be suspended except with the consent of the general assembly or, if this has been dissolved or is in recess, the permanent commission, and in the event of an extraordinary case of treason or conspiracy against the country; and even then such suspension may be used only for the apprehension of the guilty parties, without prejudice to the provisions of section 17 of article 168. article 32 the right of property is inviolable, but it is subject to laws enacted in the general interest. no one may be deprived of his property rights except in case of public necessity or utility established by law, and the national treasury shall always pay just compensation in advance. whenever expropriation is ordered for reasons of public necessity or utility, the property owners shall be indemnified for loss or damages they may suffer on account of delay, whether the expropriation is actually carried out or not, including those incurred because of variations in the value of the currency. article 33 intellectual property, the rights of authors, inventors, or artists shall be recognized and protected by law. article 34 all the artistic or historical wealth of the country, whoever may be its owner, constitutes the cultural treasure of the nation; it shall be placed under the protection of the state and the law shall establish what is deemed necessary for such protection. article 35 no one shall be compelled to render aid of any kind to the army, or to permit his house to be used for the billeting of troops except by order of a civil magistrate according to law, and in such cases he shall receive from the republic indemnification for loss that may be incurred. article 36 every person may engage in labor, farming, industry, commerce, a profession, or any other lawful activity, save for the limitations imposed by general interest which the law may enact. article 37 the entry of any person into the republic, his residence therein, and his departure with his property, are free, if he obeys the laws, except in cases of prejudice to third parties. immigration shall be regulated by law, but in no case shall an immigrant be admitted who has physical, mental, or moral defects which may injure society. article 38 the right of peaceful and unarmed public meetings is guaranteed. the exercise of this right may not be denied by any authority of the republic except in accordance with law, and only insofar as such exercise may prejudice public health, safety or order. article 39 all persons have the right to form associations, for any purpose whatsoever, provided they do not form an association which the law has declared unlawful. chapter ii article 40 the family is the basis of our society. the state shall safeguard its moral and material stability so that children may be properly reared within that society. article 41 the care and education of children, so that they may attain their fullest physical, intellectual, and social capacity, is the duty and the right of parents. those who have large families to support are entitled to compensatory aid if they need it. the law shall provide the necessary measures for the protection of infancy and youth against physical, intellectual, or moral neglect obey their parents or guardians, as well as against exploitation and abuse. article 42 parents have the same duties toward children born outside of wedlock as toward children born within it. maternity, regardless of the condition or circumstances of the mother, is entitled to the protection of society and to its assistance in case of destitution. article 43 the law shall provide that juvenile delinquency shall be dealt with under a special system in which women will be allowed to participate. article 44 the state shall legislate on all questions connected with public health and hygiene, endeavoring to attain the physical, moral, and social improvement of all inhabitants of the country. it is the duty of all inhabitants to take care of their health as well as to receive treatment in case of illness. the state will provide gratis the means of prevention and treatment to both indigents and those lacking sufficient means. article 45 every inhabitant of the country has the right to a decent home. the law shall seek to ensure hygienic and economical housing, by facilitating the purpose thereof and stimulating the investment of private capital to this end. article 46 the state shall give aid [asilo] to the indigent or those [persons] lacking sufficient resources who, for physical or mental inferiority of chronic character, may be incapacitated for work. the state shall combat social evils through the law and the international conventions. article 47 the protection of the environment is of general interest. persons must abstain from any act that causes grave depredation, destruction or contamination to the environment. the law shall regulate this provision and may provide sanctions for transgressors. water is a natural resource essential for life. the access to potable water and the access to sanitation, constitute fundamental human rights. the national policy concerning water and sanitation shall be based on: the ordering of the territory, conservation and protection of the environment and the restoration of nature. the sustainable management, in solidarity with the future generations, of the hydro resources and the preservation of the hydrological cycle which constitutes [a] matter of public interest. the users and the civil society, shall participate in all the instances of planning, management and control of hydro resources; establishing the hydrological basins [cuencas] as basic unities. the establishment of priorities for the use of water by regions, basins, or parts of them, having the first priority [be] the provision of potable water to the population. the principle that the delivery [prestación] of the services of potable water and sanitation, must have preference for reasons of social order over the economic order. any authorization, concession or permission that in any manner infringes the provisions above[,] will be considered of no effect. the surface waters, as well as the subterranean [waters], with the exception of rain water, composing a hydrological cycle, constitute a unitary resource, subordinate to the general interest, that forms part of the public state domain, as public hydraulic domain. the public service of sanitation, and the public service of the provision of water for the human consumer will be provided exclusively and directly by state juridical persons. the law, by three-fifths of the votes of the total of the members of each chamber, can authorize the supply of water, to another country, when such [country] encounters [the] inability to provide it[,] and for reasons of solidarity. article 48 the right of inheritance is guaranteed within the limits established by law. lineal ascendants and descendants shall have preferential treatment in the tax laws. article 49 the "family property", its constitution, conservation, enjoyment, and transmission shall be protected by special legislation. article 50 the state shall orient the foreign trade of the republic[,] protecting the productive activities committed [destinado] to exportation or which replace imported goods. the law shall promote the investments committed to this end, and shall direct preferentially those committed to public savings. every commercial or industrial organization in trust shall be under the controller of the state. likewise, the state shall initiate policies of decentralization, in such a way as to promote regional development and the general well-being. article 51 the establishment and enforcement of rates for public services operated by firms holding concessions shall be conditional upon their approval by the state or departmental governments, as the case may be. the concessions to which this article refers may in no case be granted in perpetuity. article 52 usury is prohibited. the law fixing a maximum limit on interest rates on loans is of a public character. this law will fix the penalties to be applied to offenders thereunder. no one may be deprived of his liberty for debts. article 53 labor is under the legal protection of the law. it is the duty of every inhabitant of the republic, without prejudice to his freedom, to apply his intellectual or physical energies in a manner which will redound to the benefit of the community, which will endeavor to afford him, with preference to citizens, the possibility of earning his livelihood through the development of some economic activity. article 54 the law must recognize the right of every person, performing labor or services as a worker or employee, to independence of moral and civic consciousness; just remuneration; limitation of the working day; a weekly day of rest; and physical and moral health. the labor of women and of minors under eighteen years of age shall be specially regulated and limited. article 55 the law shall regulate the impartial and equitable distribution of labor. article 56 every enterprise, the nature of which requires that the personnel reside on the premise, shall be obliged to provide adequate food and lodging in accordance with conditions which the law may establish. article 57 the law shall promote the organization of trade unions, according them charters and issuing regulations for their recognition as juridical persons. it shall likewise promote the creation of tribunals of conciliation and arbitration. the strike is declared to be a right of trade unions. regulations shall be made governing its exercise and effect, on that basis. article 58 public officials are in the service of the nation and not of a political party. any activity alien to their duties is prohibited and political propaganda on their part at their offices or during office hours, shall be considered unlawful. they may not organize groups for propaganda purposes by using the names of public agencies or any connection their positions may bear to membership in such organizations. article 59 the law shall establish civil service regulations on the basis that the official exists for the office and not the office for the official. its principles shall apply to subordinate officials: of the executive power, with the exception of the military, police and diplomatic officials, who shall be governed by special laws; of the judicial power and of the contentious-administrative tribunal except with respect to judgeships; of the tribunal of accounts; of the electoral court and its agencies, without prejudice to regulations enacted for the control of political parties; of the decentralized services, without prejudice to whatever may be provided in special laws covering the diverse nature of their functions. article 60 the law shall create a civil service for the central administration, the autonomous entities, and the decentralized services, which shall have the duties established therein to ensure an efficient administration. an administrative career service is established for officials covered by the budget of the central administration, who are declared to have permanent status, without prejudice to provisions of law that may be enacted on the subject by an absolute majority of the votes of the full membership of each chamber or under the fourth paragraph of this article. they may be dismissed only in accordance with rules established by this constitution. officials who are political in character or who have duties of personal trust are not included if given such character by a law approved by an absolute majority of votes of the full membership of each chamber, and they shall be appointed and are subject to dismissal by the appropriate administrative organ. article 61 the civil service regulations shall establish the conditions for admission for career officials and shall regulate the right to permanent status, advancement weekly days of rest, and the system of annual and sick leave; grounds for suspension or transfer; their official duties; and administrative resources against rulings that may affect them, without prejudice to the provisions of section xvii. article 62 the departmental governments shall adopt the regulations for their officials in accordance with the rules set forth in the preceding articles, and until this is done the provisions established by law governing public officials shall apply. to grant permanent status to their officials and to establish positions that are political or of personal trust shall require the approval of three-fifths of the membership of a departmental board [junta departamental]. article 63 within one year following the promulgation of this constitution, the commercial and industrial autonomous entities shall prepare civil service regulations for their officials, such regulations to be subject to the approval of the executive power. these regulations shall contain provisions designed to ensure normal operation of the services and the guarantees established in the preceding articles for public officials, insofar as they can be reconciled with the specific purposes of each autonomous entity. article 64 by a two-thirds vote of the total membership of each chamber, the law may establish special regulations which, by their general scope or nature, may be applicable to the officials of all departmental governments and all autonomous entities, or only to certain ones, as the case may be. article 65 the law may authorize the organization of representative personnel committees within the autonomous entities, for purposes of collaboration with their directors in the enforcement of the regulations, study of budgetary requirements, organization of the services, labor regulations and the application of disciplinary measures. in public services administered directly or by concession holders, the law may provide for the formation of competent organs to hear disputes between authorities of the services and their employees; and to consider methods and procedures to be used by the public authority to maintain continuity of service. article 66 no parliamentary or administrative investigation of irregularities, neglect, or malfeasance shall be considered as completed until the accused official has had an opportunity to submit his answer and to present his defense. article 67 the general retirement and social security funds shall be organized in such a way as to guarantee to all workers, employers, employees, and laborers adequate retirement pensions and subsidies in case of accident, sickness, disability, enforced unemployment, etc.; and in case of death, the corresponding pension to their families. the old age pension is the right of those who have reached the limit of their productive age, after long residence in the country, and who lack the means to provide for the necessities of life. the adjustments to retirement and pension assignments cannot be inferior to the variation of the median index of salaries, and will be effected in the same circumstances as adjustments and augmentations in the remuneration of the functionaries of the central administration are established. the benefits specified in the previous paragraph are financed on the basis of: worker and employer contributions and other taxes established by law; and the financial assistance that must be proportional to the state, if deemed necessary. article 68 freedom of education is guaranteed. the law shall regulate state intervention for the sole purpose of maintaining hygiene, morality, safety and public order. every parent or guardian has the right to select the teachers or institutions he desires for the education of his children or wards. article 69 private educational institutions and cultural institutions of the same kind shall be exempt from national and municipal taxes as a subsidy for their services. article 70 primary education and intermediate, agrarian, or industrial education are compulsory. the state shall promote the development of scientific research and of technical education. appropriate legislation shall be enacted to enforce these provisions. article 71 free official primary, intermediate, advanced, industrial, artistic, and physical education is declared to be of social utility, as well as the creation of scholarships for continued study and specialization in cultural, scientific and occupational fields, and the establishment of public libraries. in all educational institutions special attention shall be paid to the formation of the moral and civic character of students. chapter iii article 72 the enumeration of rights, duties, and guarantees made in this constitution does not exclude others which are inherent in human beings or which are derived from a republican form of government. section iii. citizenship and suffrage chapter i article 73 citizens of the oriental republic of uruguay are natural or legal. article 74 all men and women born at any place within the territory of the republic are natural citizens. children of uruguayan fathers or mothers are also natural citizens, wherever they may have been born, provided that they take up residence in the country and register themselves in the civil register. article 75 the following have the right to legal citizenship: foreign men and women of good conduct, and having a family within the republic, who possess some capital or property in the country, or are engaged in some profession, craft, or industry, and have resided habitually in the republic for three years; foreign men and women of good conduct, without families in the republic, who possess any of the qualifications mentioned in the preceding paragraph and who have resided habitually in the country for five years; foreign men and women who obtain special courtesy from the general assembly for noteworthy services or outstanding merit. proof of residence must necessarily be based on a public or private document of proven date. the rights appertaining to legal citizenship may not be exercised by foreigners included in paragraph (a) and (b) until three years after the issuance of the respective citizenship papers. the existence of any of the grounds for suspension referred to in article 80 shall bar the granting of citizenship papers. article 76 any citizen may hold public employment. legal citizens may not be appointed until three years after obtaining citizenship papers. citizenship shall not be required for a position as professor in institutions of higher learning. chapter ii article 77 every citizen is a member of the sovereignty of the nation; as such he is a voter and eligible for election in the cases and in accordance with the procedure which will be set forth. suffrage shall be exercised in the manner determined by law, but on the following bases: compulsory inscription in the civil register; secret and compulsory vote. the law, by an absolute majority of the full membership of each chamber, shall regulate the fulfillment of this obligation. integral proportional representation. judicial magistrates, members of the contentious-administrative tribunal and the tribunal of accounts, directors of the autonomous entities and the decentralized services, persons in active military service regardless of rank, and police officials of whatever category, must abstain, under penalty of dismissal and withdrawal of eligibility to hold any other public office for from two to ten years, from membership in political committees or clubs, from signing party proclamations, and from authorizing the use of their names and, in general, from any other public or private act of a political character, with the exception of voting. the participation of directors of the autonomous entities and the decentralized services in party organizations engaged in the specific task of the study of government, legislation, and administration, is not regarded as included in these prohibitions. the electoral court shall be competent to take cognizance of and impose penalties for the above-mentioned electoral offenses. the accusation should be made before the electoral court by either of the chambers, the executive power, or the national authorities of the parties. without prejudice to the above provisions, the facts shall in all cases be referred to the ordinary courts for such additional action as they may deem appropriate. the president of the republic and members of the electoral court may not belong to political committees or clubs, nor hold directive positions in party organizations, nor take part in any way in political election propaganda; all electoral boards which may be designated to intervene in questions of suffrage must be elected with the guarantees provided in this article. any new law concerning the civil register or elections, as well as any amendment or interpretation of the existing laws, shall require a two-thirds vote of the full membership of each chamber. this special majority shall apply only to the guarantees of suffrage and election, composition, functions, and procedure of the electoral court and electoral boards. for action in matters of expenditures, budgets, and internal regulations, a simple majority will be sufficient. by a two-thirds vote of the full membership of each chamber, the law may extend the prohibitions contained in items (4) and (5) to include other officials. the election of members of both chambers of the legislative power, of the president and vice president of the republic, as well as that of any organ for which the constitution or membership the laws establish the procedure of election by the electoral body, with the exception of those referred to in the third paragraph of this numeral, shall take place on the last sunday of the month of october every five years, without prejudice to the provisions of article 148 and 151. the lists of candidates for both chambers and for the president and vice president of the republic must figure on an individualized ballot paper with the lema [identifier] of a political party. the election of the intendants, the members of the departmental boards, and the other local elective authorities, shall take place on the second sunday of the month of may of the year following the national elections. the lists of candidates for the departmental offices must figure on an individualized ballot paper with the lema of a political party. no legislator or intendant who resigns his post after assuming office shall have the right to collect any compensation or retirement benefit which might pertain to him by reason of his termination, until the full term for which he was elected has expired. this provision does not include resignations because of illness duly substantiated by the medical board, nor those expressly authorized by three-fifths of the votes of the full membership of the body concerned, nor to intendants who resign three months before an election in order to become a candidate. the state shall secure the broadest freedom for the political parties. without prejudice to the former, the parties shall: effectively exercise internal democracy in the election of their authorities; [and,] provide maximum publicity to their organic acts [cartas orgánicas] and programs of principles, in such a manner that the citizen can extensively familiarize himself with them. the political parties shall elect their candidate for the president of the republic by way of internal elections that the law shall regulate, sanctioned by the vote of two-thirds of the total of the members of each chamber. the form of electing the candidate of each party to the vice presidency of the republic shall be determined by [an] identical majority and[,] while this law is not adopted, it will be that which in this respect the competent party organs resolve. this law shall determine also, the form in which the vacancies of the candidate for the presidency and the vice presidency will be filled [,] that are produced after their election and before the national election. article 78 foreign men and women of good conduct, having a family in the republic, who possess some capital or property within the country or are engaged in some profession, craft, or industry and have habitually resided at least fifteen years in the republic have the right to vote without the necessity of previously obtaining legal citizenship. proof of residence must be based on a public or private document of proven date, and if the evidence is satisfactory to the authority competent to pass upon it, the foreigner will be entitled to exercise the right to vote from the time he is inscribed in the civil register, as authorized by a certificate issued by the same authority for this purpose. chapter iii article 79 the accumulation of votes for any elected office, with the exception of those for president and vice president of the republic, shall be effected through use of the lema of the political party. the law, by a vote of two-thirds of the total of the membership of each chamber, shall regulate this provision. twenty-five percent of all persons registered and qualified to vote may, within one year following their promulgation, demand a referendum against the laws and exercise the right of initiative before the legislative power. these institutions are not applicable with respect to laws establishing taxes. they are likewise not applicable in those cases in which the initiative is exclusive to the executive power. both institutions shall be regulated by law, adopted by absolute majority of the total of the membership of each chamber. chapter iv article 80 citizenship is suspended: by physical or mental ineptitude which prevents free and reflective action; by being under indictment on a criminal charge which may result in a penitentiary sentence; by being under eighteen years of age; by being under sentence which imposes the penalty of exile, prison, penitentiary, or loss of political rights during the term of the sentence; by habitually engaging in morally dishonest activities which shall be specified by law in accordance with item 7 of article 77; by being a member of social or political organizations which advocate the destruction of the fundamental bases of the nation by violence or propaganda inciting to violence. those mentioned in sections i and ii of this constitution are considered to be such for the purposes of this provision; by a continuing lack of good conduct as required by article 75. the last two grounds shall apply only with respect to legal citizens. exercise of the right granted by article 78 is suspended on the grounds listed above. chapter v article 81 nationality is not lost even by naturalization in another country, it being sufficient for the purpose of retaining the rights of citizenship merely to take up residence in the republic and register in the civil register. legal citizenship is lost by any other form of subsequent naturalization. section iv. the form of government and its various powers chapter i article 82 the nation adopts the democratic republican form of government. its sovereignty shall be exercised directly by the voters [cuerpo electoral] through election, initiative, and referendum, and indirectly by the representative powers which this constitution establishes; all in conformity with the rules herein set forth. section v. the legislative power chapter i article 83 the legislative power shall be exercised by the general assembly. article 84 the latter shall be composed of two chambers: one of representatives and the other of senators, which shall function jointly or separately according to the various provisions of this constitution. article 85 the general assembly is competent: to enact and order publication of the codes; to establish tribunals and regulate the administration of justice and of contentious-administrative matters; to enact laws relating to the independence, security, tranquility, and decorum of the republic; the protection of all individual rights and the fostering of education, agriculture, industry, and domestic and foreign trade; to impose the necessary taxes to meet budgetary expenditures, provide for their distribution, collection and appropriation, and to repeal, modify, or increase those in existence; to approve or disapprove, in whole or in part, the accounts presented by the executive power; to authorize, on the initiative of the executive power, the national public debt, to consolidate it, to provide for its guaranties, and to regulate the public credit, an absolute majority of the full membership of each chamber being necessary in the three first-mentioned cases; to declare war and to approve or disapprove, by an absolute majority of the full membership of both chambers, the treaties of peace, alliance, commerce, and conventions or contracts of any nature which the executive power may make with foreign powers; to designate each year the armed force that may be necessary. military effectives may be increased only by an absolute majority of the votes of the full membership of each chamber; to create new departments by a vote of two-thirds majority of the full membership of each chamber; to establish their boundaries; to establish ports of entry; to establish customhouses and export and import duties, applying, with respect to the latter, the provisions of article 87; and also to declare as of national interest tourist zones, which shall be administered by the appropriate ministry; to establish the weight, standard and value of monies; to fix the rates and denominations thereof; and to provide a system of weights and measures; to permit or prohibit the entry of foreign troops into the territory of the republic, and in the former case, to fix the time when they must depart. excepted from the above are forces which may enter for the sole purpose of doing honor and whose entry shall be authorized by the executive power; to refuse or permit the expedition of national forces outside the republic, in the latter case fixing the time for their return to the country; to create or abolish public offices, determining their compensation and retirement regulations, and to approve, disapprove, or decrease the budgets of expenditures presented by the executive power; to grant pensions and other classes of pecuniary compensation and to decree public honors as a reward for distinguished services; to grant pardons by a two-thirds vote of the full membership of the general assembly in joint session, and to grant amnesties in extraordinary cases, by an absolute majority vote of the full membership of each chamber; to issue regulations concerning the militia and to fix their number and designate the times they shall be called to service; to select the place where the principal authorities of the nation must reside; to grant monopolies by a two-thirds vote of the full membership of each chamber. to establish a monopoly in favor of the state or of a departmental government requires an absolute majority of the votes of the full membership of each chamber; to elect, in joint session of both chambers, the members of the supreme court of justice, of the electoral court, of the contentious-administrative tribunal, and of the tribunal of accounts, subject to the provisions of the respective sections; to pass political judgment on the conduct of the ministers of state, in accordance with the provisions of section viii; to interpret the constitution, without prejudice to the power of the supreme court of justice under article 256 to 261. article 86 the creation and abolishment of public offices and services; the fixing and changing of salaries, and the authorization of expenditures, shall be effected through the budgetary laws, subject to the provisions of section xiv. any other law which involves expenses to be borne by the national treasury must indicate the revenues from which they shall be paid. but the initiative in the creation of offices, increases in salaries and retirement pay, the granting and increasing of pensions or pecuniary compensation, shall be vested solely in the executive power. article 87 an affirmative vote of the absolute majority of the full membership of each chamber shall be necessary to authorize taxes. chapter ii article 88 the chamber of representatives is composed of ninety-nine members elected directly by the people, under a system of proportional representation which takes into account the votes cast in favor of each lema in all the country. accumulation by sublemas [factions] or through identity of lists of candidates cannot be effected. two representatives, at the least, will correspond to each department. the number of representatives may be modified by the law, that shall require for its sanction, two-thirds of the vote of the total of the membership of each chamber. article 89 representatives shall hold office for five years and their election shall be effected under the guaranties and rules of suffrage provided in section iii. article 90 to be a representative it is necessary to be a natural citizen in full exercise of civil rights, or a legal citizen who has exercised his civil rights for five years, and in both cases, to have attained twenty-five years of age. article 91 the following may not be representatives: the president and vice president of the republic, members of the judicial power, the tribunal of accounts, the contentious-administrative tribunal, the electoral court, of the councils or boards of directors, or directors of the autonomous entities and of the decentralized services, of the departmental boards, the local boards, and intendants; military employees or civil employees of the executive, legislative or judicial powers, the electoral court, contentious-administrative tribunal, tribunal of accounts, the departmental governments, the autonomous entities and the decentralized services, if they receive a salary, but excepting retired or pensioned employees. this provision does not apply to university teaching positions or university technicians with teaching functions, but if the elected representative chooses to continue in such position, it must be honorary during his term in office. military persons who resign their posts and salary in order to serve in the legislature shall retain their rank, but for the duration of their legislative functions they may not be promoted; they shall be exempt from all military discipline and the time during which they hold their legislative position shall not be counted for purposes of seniority for promotion. article 92 the president of republic, the vice president of the republic, and any citizens who may have replaced the president, if they held office for more than one year, continuous or discontinuous may not be candidates for representative. likewise, judges and prosecuting attorneys [fiscales letrados], intendants, police officials in the department where they perform their duties, military officers in the districts in which they command forces or actively perform any other military function, may not be candidates unless they resign and terminate their positions three months prior to the election. councilors and directors of the autonomous entities and the decentralized services shall be subject to the provisions of article 201. article 93 the chamber of representatives has the exclusive rights of impeachment, before the chamber of senators, of the members of both chambers, of the president and vice president of the republic, the ministers of state, the members of the supreme court of justice, the contentious-administrative tribunal, the court of accounts, and of the electoral court, for violation of the constitution or for other serious offenses, after taking cognizance of the matter upon petition by a party or by one of its members, and having decided that there are grounds for prosecution. chapter iii article 94 the chamber of senators shall be composed of thirty members, elected directly by the people, in a single electoral district, pursuant to the guaranties and rules concerning suffrage contained in section iii and as stated in subsequent articles. it shall also include the vice president of the republic, who shall have a voice and vote, and exercises its presidency, and that of the general assembly. whenever he permanently or temporarily assumes the presidency of the republic, or in the event of a permanent or temporary vacancy in the vice presidency, these presidencies shall be assumed by the first titular [person] of the list most voted for of the lema most voted for and, if the same circumstances recur, the titular [person] following on the same list. in such cases, an alternate shall be convoked, who shall be a member of the senate. article 95 the senators shall be elected by the system of integral proportional representation. article 96 the distribution of the chamber of senators seats obtained by different sublemas of the same party shall also be based on the number of votes cast in favor of the respective lists. article 97 senators shall have a term of office of five years. article 98 to be a senator it is necessary to be a natural citizen in full exercise of civil rights, or a legal citizen who has exercised these rights for seven years, and in both cases to have attained thirty years of age. article 99 the disqualifications to which article 91 refers are applicable to senators, with such exceptions as are stated therein. article 100 judges and prosecuting attorneys, police officials, and military officers in command of forces or engaged in some military activity may not be candidates for senator, unless they resign and terminate their position three months prior to the election. for the counselors and directors of autonomous entities and of the decentralized services it will be as provided by article 201. article 101 a citizen who has been elected both as a senator and as a representative may choose between the two offices. article 102 the chamber of senators is competent to initiate the public trial of those impeached by the chamber of representatives or a departmental board, as the case may be, and to pronounce sentence, by a two-thirds vote of its full membership, and such sentence shall have the sole effect of removal from office. article 103 an impeached person whom the chamber of senators has removed from office in accordance with the preceding article shall nevertheless be subject to trial according to law. section vi. sessions of the general assembly. provisions common to both chambers. the permanent commission chapter i article 104 the general assembly shall begin its sessions on the first of march of each year, meeting until the fifteenth of december, or only until the fifteenth of september, in the event that there are elections, and the new assembly must in that event begin its sessions on the fifteenth of the following february. the general assembly shall meet on the dates indicated, without the necessity of special convocation by the executive power, and its sessions and those of the chamber of senators shall be presided over[,] until the assumption of [office] of the vice president of the republic, [by] the first titular [person] of the list of senators most voted for of the lema most voted for. only for grave and urgent reasons may the general assembly or either of its chambers, or the executive power, convoke extraordinary sessions to terminate a recess, and then exclusively for the purpose of dealing with the questions which have given rise to the convocation or with a proposed law declared to be of urgent consideration and that is under study although it was not included in the call. likewise, a recess is automatically suspended for the chamber which has before it or which receives for consideration, during the recess, a proposal declared to be of urgent consideration. a simple convocation to extraordinary sessions does not suffice to terminate the recess of the general assembly or of either of its chambers. for the recess to be interrupted sessions must actually be held, and the interruption shall last as long as the sessions are being held. chapter ii article 105 each chamber shall be governed internally by such regulations as it may issue, and when they meet jointly in general assembly, by such rule as the general assembly may make. article 106 each chamber shall appoint its president and vice presidents, with the exception of the president of the chamber of senators, whose appointment is governed by the provisions of article 94. article 107 each chamber shall appoint its secretaries and personnel, in conformity with regulations which must be established in accordance with the guaranties provided in article 58 to 66, wherever appropriate. article 108 within the first twelve months of each legislative term, each chamber shall approve its budget by a vote of three-fifths of its full membership, and shall notify the executive power in order that it may be included in the national budget. these budgets shall be structured by programs and, in addition, shall be given broad public dissemination. within the first five months of each legislative term, any changes deemed indispensable may be adopted by the same quorum. if the budget has not been approved before these periods have expired, the previous budget shall continue in force. article 109 neither chamber may open its sessions unless more than half of its members are present, and if such is not the case on the day designated by the constitution, the minority may meet for the purpose of compelling absent members to attend under penalties which they may prescribe. article 110 the chambers shall communicate in writing between themselves and with the other public powers through their respective presidents and with the authorization of a secretary. article 111 the granting of special pensions shall be decided by secret vote and require approval by an absolute majority of the full membership of each chamber. the regulations of each chamber may provide for a secret vote in cases of pardons and appointments. chapter iii article 112 senators and representatives shall never be held liable for the votes they cast or opinions expressed during the discharge of their duties. article 113 no senator or representative, from the day of his election until that of his termination, may be arrested except in case of flagrante delicto and then notice shall immediately be given to the respective chamber, with a summary report of the case. article 114 no senator or representative, from the day of his election until that of his termination, may be indicted on a criminal charge, or even for common offenses which are not specified in article 93, except before his own chamber, which, by two-thirds of the votes of its full membership, shall decide whether or not there are grounds for prosecution and if so, shall declare him suspended from office, and he shall be placed at the disposition of a competent tribunal. article 115 each chamber may reprimand any of its members for disorderly conduct in the discharge of his duties, and may even suspend him by a two-thirds vote of its full membership. by the same number of votes it may remove a member for physical or mental incapacity which developed after he took office, or for conduct rendering him unworthy of his office after he was declared elected. a simple majority of those present shall be sufficient to accept voluntary resignations. article 116 vacancies which may occur for any reason during each legislative term, shall be filled by the alternates designated at the time of the elections, in the manner to be provided by law, and without a new election. the law may also authorize the substitution of alternates in cases of temporary disability or absence of the principals. article 117 senators and representatives shall be compensated for their services by a monthly salary which they shall receive during their term of office, without prejudice to pertinent deductions, pursuant to the regulations of the chamber concerned, in case of unjustifiable absence from the chamber to which they belong or from committees on which they are members. such deductions shall in each case be made in proportion to the salary. the salary shall be fixed by a two-thirds vote of the full membership of the general assembly, meeting in joint session, during the last period of each legislative term, for the members of the succeeding term. this compensation shall be paid with absolute independence from the executive power and other than this, legislators may not receive economic benefits of any kind deriving from the office they hold. chapter iv article 118 any legislator may ask a minister of state, the supreme court of justice, the electoral court, the contentious-administrative tribunal, and the tribunal of accounts, for such data and information as he may consider necessary for the discharge of his duties. the request shall be made in writing and through the intermediary of the president of the respective chamber, who will transmit it immediately to the appropriate agency. if the latter does not supply the information within the period to be fixed by law, the legislator may request it through the chamber to which he belongs, which will make a final decision in the case. matters pertaining to the jurisdictional business and competence of the judicial power and of the contentious-administrative tribunal may not be de object of such a request. article 119 each chamber has the right, by a resolution of one-third of its full membership, to require the presence on its floor of the ministers of state in order to question them and receive from them information which it considers appropriate, whether for legislative purposes or for purposes of inspection or investigation, without prejudice to the provisions of section viii. when such information refers to autonomous entities or decentralized services, the ministers may require the simultaneous attendance of a representative of the corresponding council or board of directors. article 120 each chamber may appoint parliamentary committees for making investigations or for obtaining data for legislative purposes. article 121 in the cases contemplated in the three preceding articles, either chamber may make statements, without prejudice to the provisions of section viii chapter v article 122 senators and representatives, after they have taken their seats in their respective chambers, may not hold salaried positions under the state, the departmental governments, the autonomous entities, the decentralized services, or any other public agency, or perform remunerative services of any kind for them, without the consent of the chamber to which they belong, and in all such cases their seats shall be considered vacated by the act of accepting such a position or rendering such service. whenever a senator is called to serve temporarily as president of the republic and whenever senators and representatives are called to serve as ministers or under secretaries of state, their legislative functions are suspended, and during such suspension their corresponding alternates shall replace them. article 123 the legislative function is likewise incompatible with the holding of any other elective public office, regardless of its nature. article 124 senators and representatives, during their term of office, are likewise prohibited from: participating as directors, administrators, or employees of enterprises under contract for works or services with the state, the departmental governments, autonomous entities, decentralized services or any other public agency; carrying or directing matters in behalf of third parties before the central administration, departmental governments, autonomous entities or the decentralized services. nonobservance of the provisions of this article will entail immediate loss of the legislative office. article 125 the prohibition provided in the first paragraph of article 122 shall apply to senators and representatives until one year after the end of their term of office, except by the express authorization of the respective chamber. article 126 the law, by an absolute majority of votes of the full membership of each chamber may enact regulations on the prohibitions set forth in the preceding two articles or may establish others or extend them to include persons in other agencies. chapter vi article 127 there shall be a permanent commission composed of four senators and seven representatives elected by the proportional system and designated by their respective chambers. the president shall be a senator of the majority. the designation is to be made annually within fifteen days after the organization of the general assembly or after the beginning of each period of regular sessions of the legislature. article 128 at the same time that this election is held, an alternate is to be elected for each of the eleven members, who shall replace the member in case of his illness, death, or other impediment. article 129 the permanent commission shall be the guardian of the observance of the constitution of the laws, and shall make the necessary representations to the executive power in this respect, under responsibility to the existing or following general assembly, as the case may be. article 130 in the event the aforementioned representations, if made for the second time, do not produce any effect, the commission may, according to the importance and gravity of the matter in question, convoke the general assembly on its own responsibility. in the event that the president of the republic has made use of the power granted him by article 148, paragraph 7, the permanent commission shall report to the general assembly when the new chambers are organized, or when the previous ones renew their functions. article 131 it shall exercise its functions while the general assembly is in recess and until its regular sessions are resumed. matters within the competence of the permanent commission that are under study by the general assembly or by the chamber of senators on the date set for beginning a recess shall ipso facto be referred to the commission. nevertheless, if the recess is interrupted, and during special sessions that have been decreed, the general assembly or the chamber of senators may, when it so decides, assume jurisdiction in matters within its competence which are under consideration by the permanent commission, upon notice to the latter body. when the special sessions are ended, matters left undecided over which the general assembly or chamber of senators had assumed jurisdiction shall be referred directly to the permanent commission by the appropriate officials. during each special session that takes place during a recess, the general assembly or chamber of senators may make use of the power granted it by this article. when the recess is ended, matters before the permanent commission that have not been decided shall be referred directly to the appropriate body. the obligation and the responsibility imposed on the permanent commission by article 129 shall not be affected by the circumstance that the general assembly or either chamber meets in special session, even if the general assembly or chamber of senators has assumed jurisdiction over all matters under consideration by the permanent commission. if the powers of the senators and representatives have lapsed by reason of the expiration of their constitutional terms, and the newly elected senators and representatives have not been proclaimed, or use has been made of the power granted by article 148, paragraph 7, the permanent commission shall continue to exercise the functions conferred upon it by this chapter, until the new chambers are organized. in such case, when each chamber is organized it shall designate new members of the permanent commission. article 132 the permanent commission shall likewise be competent to give or withhold its consent in all cases in which the executive power requires it in accordance with the present constitution, and it shall have the authority conferred on the chambers in articles 118 et seq., without prejudice to the provisions of paragraph 13 of article 168. section vii. introduction, discussion, passage and promulgation of the laws chapter i article 133 any bill may originate in either of the two chambers on the proposal of any of its members or by the executive power through the intermediary of its ministers, without prejudice to the provisions of paragraph 6 of article 85 and article 86. the initiative of the executive power shall be required for any bill specifying tax exemptions or fixing minimum wages or prices for the purchase of the products or goods of public or private enterprise. the legislative power may not increase the tax exemptions nor the minimums proposed by the executive power for wages and prices, nor may it lower the proposed maximum prices. chapter ii article 134 if the chamber in which a bill originated approves it, it shall be transmitted to the other in order that, after discussion therein, it may be approved, amended, amplified, or rejected. article 135 if either of the two chambers to which a bill has been sent returns it with additions or objections and the chamber which sent it agrees to them, it shall give notice to that effect and the bill shall be sent to the executive power; but if the latter chamber is not in accord and insists on maintaining the bill in the form in which it was originally submitted, it may in that case request a joint session of both chambers and, according to the result of the discussion, there shall be adopted whatever may be decided by a two-thirds vote, which may modify the divergent bills or even approve a new one. article 136 if the chamber to which a bill has been sent has no objection to offer, it shall approve it and by merely notifying the chamber which submitted it, shall submit it to the executive power in order that it may be published. bills which have not passed both chambers in the same legislature shall be considered as having originated in the chamber which last passed them. article 137 if, upon receipt of a bill, the executive power has objections or observations to make, the bill shall be returned with them to the general assembly within the prescribed period of ten days. article 138 when a bill of law is returned by the executive power with objections or observations, total or partial, the general assembly shall be convoked and it shall be as three-fifths of the total of the members present of each of the chambers decide, who may incorporate [ajustarse] the observations or reject them, maintaining the bill adopted. article 139 if thirty days have passed from the first convocation without reaching an express rejection of the observations of the executive power, they will be considered accepted. article 140 if the chambers in joint session disapprove the bill returned by the executive power it shall be considered null and void for the time being and may not again be presented until the following legislature. article 141 in all cases of the reconsideration of a bill returned by the executive, the voting shall be by name and by "yes" and "no", and both the names and reasons of those voting, as well as the objections or observations of the executive power, shall be immediately published in the press. article 142 whenever a bill passed by one chamber shall be rejected by the other at the beginning, it shall be considered as null and void for the time being and may not again be introduced until the following period of the legislature. chapter iii article 143 if the executive power has no objection to offer to a bill which has been submitted to it, it shall immediately give notice to that effect, the bill being thereby approved, and promulgated without delay. article 144 if the executive does not return a bill within the ten days prescribed in article 137, it shall become law and shall be complied with as such, the chamber which sent it having the right to demand such action if this is not done. article 145 when a bill returned by the executive power with objections or observations has been considered by the chambers in joint session and has again been approved, it shall be considered as finally passed and shall be communicated to the executive power, which shall promulgate it immediately without further objections. chapter iv article 146 when a law has been passed, the following formula shall be invariably used for its promulgation: "the chamber of senators and the chamber of representatives of the oriental republic of uruguay, met in general assembly, decree:" section viii. relations between the legislative power and the executive power chapter i article 147 either of the chambers may pass judgment on the conduct of ministers of state by proposing that the general assembly in joint session shall declare that their acts of administration or of government are censured. whenever motions to this effect are presented, the chamber in which they are made shall be specially convoked, within a period of not over forty-eight hours, to decide upon its course of action. if the motion is approved by a majority of those present, notice shall be given to the general assembly, which shall be called within forty-eight hours. if upon the first convocation of the general assembly there are not a sufficient number of members present to hold a meeting, a second convocation shall be made and the general assembly shall be considered organized with the number of legislators who attend. article 148 the disapproval may be individual, plural, or collective, but in all cases it must be adopted by an absolute majority of the votes of the full membership of the general assembly, at a special and public session. however, a secret session may be decided upon whenever circumstances so demand. individual disapproval is one that affects one minister; plural disapproval one that affects more than one minister; and collective disapproval is one that affects a majority of the council of ministers. disapproval adopted in accordance with the foregoing articles shall mean the resignation of the minister, the ministers, or the council of ministers, as the case may be. the president of the republic may veto the vote of disapproval whenever it has been adopted by less than two-thirds of the full membership of the body. in such case the general assembly shall be convoked into special session to be held within the next ten days. if after the first call the number of legislators in the general assembly necessary to meet do not attend, a second call shall be made, in not less than twenty-four hours nor more than seventy-two hours after the first call, and if the necessary number again is not present, the act of disapproval shall be considered revoked. if the general assembly maintains its vote by less than three-fifths of its full membership, the president of the republic, within the next forty-eight hours, may, by express decision, retain the censured minister, ministers, or council of ministers, and dissolve the chambers. in such case he must call for a new election of senators and representatives which shall be held on the eighth sunday following the date of the decision referred to. the retaining of the censured minister, ministers, or council of ministers, the dissolution of the chamber and the call for a new election must be made simultaneously in the same decree. in such case the chambers are suspended, but the rights and privileges of the legislators continue. the president of the republic may not exercise this power during the last twelve months of his term. during that period the general assembly may vote a disapproval with the effects indicated in the third paragraph of this article, if it is adopted by two-thirds or more of its full membership. in the case of a disapproval that is not collective, the president of the republic may not exercise this right more than once during his term of office. from the moment the executive power does not comply with the decree calling for new elections, the chambers shall resume their sessions ipso jure and recover their constitutional rights as a legitimate power of the state, and the council of ministers shall fail. if within ninety days following the election, the electoral court has not proclaimed elected a majority of the members of each chamber, the dissolved chambers shall also recover their rights. if a majority of the members of each of the new chambers is proclaimed elected by the electoral court, the general assembly shall meet with all its rights within three days following the respective notification. the new general assembly shall meet without prior convocation by the executive power and the previous one shall terminate at that time. within fifteen days after its organization, the new general assembly, by an absolute majority of its full membership, shall maintain or revoke the vote of disapproval. if it is maintained the council of ministers shall fail. the chambers elected by special election shall complete the normal term of those who left office. section ix. the executive power chapter i article 149 the executive power shall be exercised by the president of the republic, acting with the respective minister or ministers, or with the council of minister, as established in this section and other concordant provisions. article 150 there shall be a vice president who, in all cases of temporary or permanent vacancy in the presidency, must fill that office with its same powers and duties. if the vacancy is permanent, he shall hold the office until the end of the governmental term. the vice president of the republic shall be the presiding officer of the general assembly and the chamber of senators. article 151 the president and the vice president of the republic shall be elected jointly and directly by the electoral body by absolute majority of voters. each party may only present one candidature to the presidency and to the vice presidency of the republic. if on the date indicated in the first paragraph of numeral 9) of article 77, none of the candidatures obtains the required majority, a second election between the two candidates with the most voted for shall be held on the last sunday of the month of november of the same year. in addition, the guaranties established for suffrage in section iii shall govern, the republic being considered as a single electoral circumscription. only natural citizens in full exercise of their civil rights and who have attained thirty-five years of age may be elected. article 152 the president and vice president shall hold office for five years and in order to again hold these offices it shall be necessary that five years have elapsed since the date of leaving office. this provision includes the president in respect of the vice presidency but not the vice president in respect of the presidency, except as indicated in subsequent paragraphs. the vice president and any citizen who has occupied the presidency during a permanent vacancy of more than one year may not be elected to those offices without a lapse of the same period of time as indicated in the first paragraph. likewise, the vice president or the citizen who occupied the presidency within the three months preceding an election may not be elected president. article 153 in the case of a definitive or temporary vacancy of the presidency of the republic, or for reasons of absence, resignation, cessation, or death of the president and of the vice president, in such case, it will be assumed by the first titular senator of the list most voted for of the political party by which they were elected, and who meets the qualifications required by article 151 and is not impeded by that provided in article 152. in his default, it shall be filled by the first titular [person] on the same list in exercise of the office that meets these qualifications, if [he] does not have these impediments, and so on successively. article 154 the remuneration of the president of the republic shall be fixed by law prior to each election and may not be altered during his term of office. article 155 in the case of resignation, permanent incapacity, or death of the president and vice president elect before assuming office, the presidency and vice presidency shall be held, respectively, by the first and second persons on the list receiving the most votes for the chamber of senators, from the political party from which the president and the vice president were elected, given that they meet the qualifications prescribed by article 151, [and] are not impeded by that indicated in article 152, and who hold office as senators. in their default, said offices will be filled by the other officeholders following their order on the same list who are serving as senators and who meet these qualifications and do not have said impediments. article 156 if a president and vice president of the republic have not been declared elected by the electoral court as of the date they are to take office, or if their election was annulled, the outgoing president shall delegate the office to the president of the supreme court of justice, who shall serve until the transmission is effected, during which time his judicial functions are suspended. article 157 whenever the president-elect is temporarily incapacitated from assuming office or from performing his duties, he shall be replaced by the vice president, and in default of the latter, in accordance with the procedure established by article 153, for such time as the causes of the incapacity persist. article 158 on the first of march following the election, the president and vice president of the republic shall take office, after first making the following declaration in the presence of both chambers meeting in joint session as general assembly: "i, n.n., promise on my honor loyally to fulfill the office which has been entrusted to me, and to guard and defend the constitution of the republic." article 159 the president of the republic shall represent the state both at home and abroad. chapter ii article 160 the council of ministers shall be composed of the heads of the several ministries or the persons acting in their place, and it shall have exclusive competence over all acts of government and administration submitted to it by the president of the republic or his ministers on topics relating to their respective departments. it shall also have exclusive competence in respect of the cases covered by items 7 (declaration of urgency), 16, 19, and 24 of article 168. article 161 it shall be presided over by the president of the republic, who shall have a voice in the discussions and a vote on resolutions which shall be decisive in case of a tie, even if this had resulted from his own vote. the council of ministers shall be convoked by the president of the republic whenever he deems it desirable or when requested by one or more ministers to discuss matters of their respective departments; and it must meet within twenty four hours following the date of the call. article 162 the council shall hold a meeting if a majority of its members are present, and its decisions shall be adopted by an absolute a majority vote of the members present. article 163 a discussion may be terminated at any time and by the same majority. a motion to that effect is not debatable. article 164 any decisions of the council of ministers may be revoked by the vote of an absolute majority of its members. article 165 decisions which had originally been agreed upon by the president of the republic and a minister or ministers may be revoked by the council by an absolute majority of those present. article 166 the council of ministers shall adopt its internal regulations. article 167 whenever a minister is temporarily in charge of another ministry, only a single vote is counted in the council of ministers. chapter iii article 168 the president of the republic, acting with the respective minister or ministers, or with the council of ministers, has the following duties: the preservation of internal order and tranquility, and external security; the supreme command of all armed forces; to grant retirement and regulate the pensions of civilian and military employees, in accordance with the laws; to publish and circulate without delay all laws which, in accordance with section vii, are ready to be published and circulated; to enforce them and see that they are enforced, and to issue such special regulations as may be necessary for their execution; to inform the legislative power, at the beginning of regular sessions, of the state of the republic and of the improvements and reforms which he considers worthy of its attention; to set forth objections or make observations concerning bills which the legislative power sends him, and to suspend or oppose their promulgation in the manner provided in section vii; to propose bills to the chambers or amendments to laws previously enacted. such bills may be submitted with a declaration of urgent consideration. the declaration of urgency must be made simultaneously with the submission of such proposal, in which case they must be considered by the legislative power within the periods stated below, and they shall be considered as adopted if within such periods they have not been expressly rejected and no substitute proposal has been adopted. their adoption shall follow these rules: the executive power may not send more than one bill with a declaration of urgency to the general assembly at the same time, nor may he submit a new bill under those conditions before the period for the consideration of one previously submitted has expired; draft budgets may not be given this qualification nor bills which require a three-fifths or two-thirds vote of the full membership of each chamber; each chamber by a vote of three-fifths of its total membership may void the declaration or urgency, after which the normal procedure prescribed in section vii shall be applicable; the chamber that first receives the bill must consider it within a period of forty-five days. when the first thirty days have elapsed, the chamber shall be convoked to extraordinary session for the consideration of the bill. when the fifteen days of such convocation have elapsed and the bill has not been expressly rejected, it shall be regarded as approved by that chamber in the form in which it was submitted by the executive power, and it shall be immediately and of office communicated to the other chamber; the second chamber shall have thirty days to give its opinion and if it approves a different text from the one submitted by the first, it shall be returned to it, which shall have fifteen days for its consideration. if this new period expires without an express decision, the bill shall be immediately and of office submitted to the general assembly. if the period of thirty days expires without express rejection of the bill, it shall be considered approved by this chamber in the form in which it was presented by the executive power and it shall be communicated to it immediately and of office, if it corresponds to it, or in the same form to the first chamber, if it approved a different text than that of the executive power; the general assembly shall have ten days for its consideration. if this new period expires without an express decision the bill shall be considered approved in the form in which it was voted by the last chamber to give its express approval. the general assembly, if it makes an express declaration, shall do it in conformity with article 135; whenever a bill containing a declaration of urgency is rejected by either of the two chambers, the provisions of article 142 shall apply; the period allowed for consideration by the first chamber shall begin to run on the day following the date of receipt of the bill by the legislative power. each of the subsequent periods shall begin to run automatically upon expiration of the immediately preceding period or as of the day following the date of receipt by the pertinent organ if there has been express approval before expiration of the period. to convoke the legislative power to special sessions, specifying the matters which give rise to the convocation, in accordance with the provisions of article 104; to confer civilian and military offices in accordance with the constitution and the laws; to remove employees for inefficiency, dereliction of duty or malfeasance, with the consent of the chamber of senators in all cases, or during its recess, with that of the permanent commission; in cases of malfeasance, the matter shall be submitted to the courts. diplomatic and consular officers may likewise be dismissed with the previous consent of the chamber of senators for the commission of acts which affect their good name or the prestige of the country and of the office they hold. if the chamber of senators or permanent commission does not take definite action within ninety days, the executive power may proceed with the dismissal without the consent requested; to grant military promotions in accordance with the laws, the consent of the chamber of senators, or during its recess, of the permanent commission, being required for promotions to colonel or higher ranks; to appoint consular and diplomatic personnel, the consent of the chamber of senators, or during its recess, of the permanent commission, being necessary for the appointment of chiefs of mission. if the chamber of senators or the permanent commission does not take action within sixty days, the executive power shall act without the requested consent. the posts of ambassador and minister in the foreign service shall be regarded as positions of personal trust of the executive power, unless a law adopted by an affirmative vote of an absolute majority of the full membership of each chamber shall provide otherwise. to appoint the court prosecutor [fiscal de corte] and other prosecuting attorneys [fiscales letrados] in the republic, with the consent of the chamber of senators or of the permanent commission, as the case may be, by a three-fifths vote of the full membership. such consent shall not be necessary for appointment of the procurator of the state [procurador del estado] for the contentious-administrative tribunal or for the prosecutors in the ministries of government and treasury; to remove on his own initiative military and police employees and others which the law declares removable; to receive diplomatic agents and authorize foreign consuls to exercise their functions; to decree the severance of relations, and in accordance with a prior resolution of the general assembly, to declare war, provided that arbitration or other pacific means to avoid it have been unsuccessful; to take prompt measures of security in grave and unforeseen cases of foreign attack or internal disorder, giving an account within twenty-four hours to a joint session of the general assembly, or during its recess, to the permanent commission, of the action taken and its motives, the decision of the latter bodies being final. with respect to persons, the prompt measures of security authorize only their arrest or removal from one place in the territory of the country to another provided they do not elect to leave it. this measure, like the others, must be submitted within twenty-four hours to a joint session of the general assembly or to the permanent commission, which will make the final decision; the detention shall not be at a place intended for the incarceration of criminals. to collect the revenues through its agencies in conformity with the laws and to appropriate them in accordance therewith; to prepare and submit the general budget annually to the general assembly, in accordance with the provisions of section xiv, and to render an itemized account of the expenditures made during the preceding year; to conclude and sign treaties, the approval of the legislative power being necessary for their ratification; to grant industrial privileges in accordance with the laws; to grant or withhold authorization to create any proposed banks; to lend, at the request of the judicial power, the assistance of the public force; to delegate any powers considered desirable, by a resolution with reasons and under his political responsibility; the president of the republic shall sign the resolutions and communications of the executive power, along with the minister or ministers concerned; otherwise no one is obligated to obey them. nevertheless, the executive power may provide that specified resolutions may be authorized by an act issued in accordance with previously established requirements; the president of the republic may freely appoint a secretary and an assistant secretary, who shall serve as such in the council of ministers. both shall cease to serve along with the president and they may be removed or replaced by him at any time. article 169 the payment of salary is not remitted for any other reasons than active service, superannuation, retirement or pension, in accordance with the laws. chapter iv article 170 the president of the republic may not leave the national territory for more than forty-eight hours without the authorization of the chamber of senators. article 171 the president of the republic shall enjoy the same immunities and shall be subject to the same disqualifications and prohibitions as senators and representatives. article 172 the president of the republic may not be impeached except in the manner indicated in article 93, and even then, only while he holds office or within six months thereafter, during which time he shall be subject to residence requirements, unless authorization to leave the country is granted by an absolute majority of the votes of the full membership of the general assembly meeting in joint session. if the impeachment is approved by a two-thirds vote of the total membership of the chamber of representatives, the president of the republic shall be suspended from office. chapter v article 173 in each department of the republic there shall be a chief of police who shall be appointed for the respective period by the executive power, from among citizens who meet the qualifications for being senator. the executive power may remove or dismiss them whenever deemed appropriate. section x. the ministers of state chapter i article 174 the law, by absolute majority of members of each chamber and at the initiative of the executive power, shall determine the number of ministries, their own denomination and their attributions and competences as matters so determine, without prejudice to that provided in article 181. the president of the republic, acting in the council of ministers, may redistribute attributions and competences. the president of the republic shall allot the ministries to citizens who, by virtue of their parliamentary support, are assured of permanency in office. the president of the republic may require an express vote of confidence from the general assembly for the council of ministers. to this effect he shall appear before the general assembly, which shall decide without debate, by the vote of the absolute majority of the total of its members and within a period not greater than seventy-two hours from when the general assembly receives the communication from the president of the republic. if it does not meet within the time stipulated or, having met, does not adopt a decision, it shall be understood that the vote of confidence has been granted. the ministers shall cease in their responsibilities by resolution of the president of the republic, without prejudice to that established in section viii. article 175 the president of the republic may declare that the council of ministers lacks parliamentary support, if he so understands it. without prejudice to that provided in article 174, this declaration empowers him to substitute one or more ministers. if it so occurs, the executive power may totally or partially substitute the unelected members of the directorates of the autonomous entities and of the decentralized services, as well as, as the case may be, the general directors of the latter, [and] these substitutions cannot be challenged before the contentious-administrative tribunal. the executive power, acting in the council of ministers, must solicit the approval of the chamber of senators, in accordance with article 187, for the designation of new directors or, as the case may be, general directors. once approval is obtained, the substitution may proceed. the faculties granted in this article may not be exercised during the first year of the mandate of the government nor during the twelve months before the assumption of the following government. these faculties may also not be exercised with respect to the authorities of the university of the republic. article 176 the same qualifications shall be required for a minister as for a senator. article 177 upon the opening of each legislative period, the ministers shall submit a concise report to the general assembly, on all matters concerning their respective ministries. article 178 ministers of state shall be entitled to the same immunities and shall be subject to the same incompatibilities and prohibitions as senators and representatives, wherever pertinent. they may not be impeached except in the manner indicated in article 93 and even then, only while holding office. whenever an impeachment is supported by a two-thirds vote of the full membership of the chamber of representatives, the impeached minister is thereby suspended from his duties. article 179 the minister or the ministers shall be responsible for the decrees and orders that they may sign or issue with the president of the republic, except in case of express resolution of the council of ministers in which the responsibility shall be with those who agreed to the decision, becoming effective in accordance with articles 93, 102 and 103. the ministers shall not be exempt from responsibility for cause of crime even if they invoke the written or verbal order of the president of the republic or the council of ministers. article 180 ministers may attend the sessions of the general assembly, of either chamber, of the permanent commission, and of their respective standing committees, and may take part in debate but shall have no vote. the undersecretaries of state shall have the same right, if so authorized by the respective minister, except in the situations covered by articles 119 and 147, in which case they may attend of accompanied by the minister. in all cases, the undersecretaries of state shall act under the responsibility of the ministers. article 181 the powers and duties of the ministers, in their respective portfolios and in accordance with the laws and regulations of the executive power, are as follows: to enforce the constitution, laws, decrees, and resolutions; to formulate and submit to the consideration of superior authority, such projects of laws, decrees and resolutions as they may deem appropriate; to effect, within the limits of their functions, the payment of recognized debts of the state; to grant leaves of absence to the employees of their departments; to propose the appointment or discharge of employees of their divisions; to supervise administrative functions and adopt the necessary measures for their proper conduct, and to impose disciplinary penalties; to sign and communicate the resolutions of the executive power; to perform any other functions entrusted to them by laws or by measures adopted by the executive power in council of ministers, without prejudice to the provisions of article 160; to delegate any functions deemed desirable, determined by a reasoned resolution and under their political responsibility. article 182 the functions of the ministers and undersecretaries shall be regulated by the executive power. chapter ii article 183 each ministry shall have an undersecretary who shall be proposed by and take office with the minister, and whose services will terminate with the latter, unless reappointed. article 184 in the event of absence of the ministers, the president of the republic shall appoint an interim replacement, who should be another minister or the undersecretary of the respective portfolio. section xi. the autonomous entities and decentralized services chapter i article 185 the various services of the industrial and commercial domain of the state shall be administered by boards of directors or directors general and shall have the degree of decentralization that is determined by this constitution and by laws enacted with the approval of an absolute majority of the full membership of each chamber. boards of directors, if composed of salaried members, shall consist of five or seven members as the law may establish in each case. the law, by a two-thirds vote of the full membership of each chamber, may prescribe that the decentralized services shall be headed by a director general, appointed according to the procedure indicated in article 187. in the conclusion of agreements between the councils or boards of directors and international organizations or institutions or foreign governments, the executive power shall specify those cases that will require its prior approval, without prejudice to the powers pertaining to the legislative power, as established by section v. article 186 the services of posts and telegraph, customs and ports administrations, and public health may not be decentralized in the form of autonomous entities, although the law may grant them a degree of autonomy compatible with control by the executive power. article 187 members of boards of directors and directors general who are not elective shall be appointed by the president of the republic in accord with the council of ministers, with the prior consent of the chamber of senators, granted on the basis of a proposal indicating the personal, functional, and technical qualifications, by a number of votes equal to three-fifths of the members elected as prescribed by article 94, section 1. if the consent is not given within sixty days after receipt of the request, the executive power may make a new proposal or repeat his former request, and in the latter case he must obtain an affirmative vote of an absolute majority of the members of the chamber of senators. by a three-fifths vote of the full membership of each chamber, a law may establish some other system of appointment. article 188 a three-fifths vote of the full membership of each chamber shall be required for a law to allow the admission of private capital in the organization or expansion of the assets of autonomous entities or decentralized services, as well as to regulate the participation in such cases that may pertain to shareholders on boards of directors. the contribution of private capital and its representation on councils or boards of directors shall never be greater than that of the state. the state may, likewise, participate in the industrial, agricultural, or commercial activities of enterprises formed by workingmen's contributions, cooperatives, or private capital, if it has the free consent of the enterprise and conditions are previously agreed upon between the parties. by an absolute majority of the full membership of each chamber a law may authorize such participation in each case, ensuring participation of the state in the direction of the enterprise. its representatives shall be governed by the same rules as are the directors of autonomous entities and decentralized services. the provisions of this article will not be applicable to the public services of potable water and sanitation. article 189 a two-thirds vote of the full membership of each chamber shall be required to create new autonomous entities and to dissolve those in existence. the law by three-fifths of the votes of the total of the membership of each chamber, may declare elective the designation of the members of the boards of directors, determining in each case the persons or the bodies interested in the service, who have effected this election. article 190 the autonomous entities and decentralized services may not conduct any business foreign to that specifically assigned to them by law, nor may they devote any of their resources to purposes foreign to their normal activities. article 191 the autonomous entities, decentralized services, and in general all autonomous administrative agencies with their own assets, regardless of their juridical nature, shall publish periodic statements which shall clearly show their financial condition. the law shall specify the content and yearly number thereof and each shall be countersigned by the tribunal of accountants. article 192 the members of boards of directors or directors general shall terminate their positions whenever, in accordance with pertinent rules, their successors have been appointed or elected. permanent vacancies shall be filled by the procedure established for the initial filling of the respective positions, but the law may provide that alternates may be elected jointly with elected principals and replace the latter in the event of a temporary or permanent vacancy. a law, enacted by an absolute majority of the full membership of each chamber, shall regulate the procedure governing temporary vacancies, without prejudice to the provisions of the preceding paragraph. persons may be reelected or appointed to another board of directors or as another director general provided their conduct has not been subject to objection by the tribunal of accounts by a vote of at least four of its members. article 193 the outgoing boards of directors or directors general must submit an accounting of their work to the executive power, after report by the tribunal of accounts, without prejudice to liabilities incurred, in accordance with the provisions of section xiii. article 194 the final decisions of the autonomous entities may only be appealed or reviewed before the contentious-administrative tribunal or the judicial power, as provided in this constitution or the laws, without prejudice to the provisions of articles 197 and 198. article 195 a social welfare bank [banco de previsión social] is created, as an autonomous entity, charged with coordinating state social welfare services and organizing social security, pursuant to the rules to be established by a law which must be enacted within a period of one year. its directors may not be candidates for any elective office until one governmental term has elapsed following their termination, the provisions of article 201, third paragraph, being applicable in this case. article 196 there shall be a central bank of the republic, which shall be organized as an autonomous entity, and it shall have the powers and duties specified in a law approved by an absolute majority of the full membership of each chamber. article 197 whenever the executive power considers any act of the boards of directors or directors general to be inappropriate or illegal, he may make such objections as are deemed pertinent and he may order the suspension of acts to which he has objected. should these objections be disregarded, the executive power may order such ramifications, corrections, or removals as the case may demand, communicating this to the chamber of senators, which shall render a final decision. where pertinent, the provisions of the second and third paragraphs of article 198 shall apply. article 198 the provisions of the preceding article shall not affect authority of the executive power to remove members of boards of directors or directors general, with the approval of the chamber of senators, in cases of inefficiency, neglect, or malfeasance in the exercise of their functions or for the commission of acts which affect their reputation or the prestige of the institution with which they are connected. if the chamber of senators does not act within a period of sixty days, the executive power may effect the removal. whenever he deems it necessary, the executive power, acting in council of ministers, may replace members of boards of directors or directors general, the removal of whom he had requested approval, by members of boards of directors or directors general or other entities, as interim appointments until the chamber of senators has acted. the dismissals and removals provided for in this and the preceding article shall not give right to any appeal before the contentious-administrative tribunal. article 199 amendment to the organic charter of the state banks require an absolute majority of the votes of the full membership of each chamber. article 200 members of the boards of directors or directors general of the autonomous entities or the decentralized services may not be appointed to posts, not even to honorary posts, which are directly or indirectly connected with the institution to which they belong. this provision does not include council members or directors of educational services, who may be reelected as teachers or professors and appointed to the post of dean or to honorary teaching positions. this inhibition shall be effective for a period of one year following the termination of the functions on which it is based, whatever may be the reason for such termination, and shall include any other post, professional or otherwise, even though not permanent in character nor with fixed remuneration. nor may members of boards of directors or directors general of the autonomous entities or decentralized services simultaneously practice professions or engage in activities which directly or indirectly bear relation to the institution with which they are connected. the provisions of the two preceding paragraphs are not applicable to teachers. article 201 in order to become candidates as legislators, members of boards of directors or directors general of the autonomous entities and the decentralized services must terminate their position at least twelve months prior to the date of the election. in such cases, the mere presentation of a resignation based on these grounds shall effect an immediate termination of office. electoral organizations shall not certify lists which include candidates who have not complied with this requirement. chapter ii article 202 higher, secondary, primary, normal, industrial and artistic public education shall be governed by one or more autonomous councils of directors. other state teaching services shall also be entrusted to autonomous councils of directors if the law so provides by a two-thirds vote of the full membership of each chamber. the public education entities shall be consulted by the parliamentary committees for advisory purposes, in the drafting of laws relating to their services. each chamber may fix a time for such consultations. the law shall provide for the coordination of education. article 203 the councils of directors for teaching services shall be appointed or elected in such manner as may be provided by law by an absolute majority of votes of the full membership of each chamber. the council of directors of the university of the republic shall be appointed by the organs of which it is composed, and the councils of these organs shall be elected by teachers, students, and alumni, in accordance with provisions of a law to be passed by the majority indicated in the preceding paragraph. article 204 the councils of directors shall have such powers and duties as may be determined by a law approved by an absolute majority of the full membership of each chamber. these councils shall establish statutes for their officials in conformity with the bases provided in articles 58 and 61 and such fundamental rules as the law may provide, taking into consideration the special features of the entity. article 205 articles 189, 190, 191, 192, 193, 194, 198 (paragraphs 1 and 2), 200, and 201 shall be applicable, wherever pertinent, to the various educational services. section xii. the national economic council chapter i article 206 the law may create a national economic council, to be advisory and honorary in character, composed of representatives of the economic and professional interests of the country. the law shall specify the form of organization and the functions thereof. article 207 the national economic council shall communicate with the public powers in writing but it may argue its points of view before the legislative committees, through one or more of its members. section xiii. the tribunal of accounts chapter i article 208 the tribunal of accounts shall be composed of seven members, who must meet the same qualifications as those required of a senator. they shall be appointed by the general assembly by a two-thirds vote of its full membership. the prohibitions contained in articles 122, 123, 124, and 125 shall apply in this respect. the terms of members shall end when the general assembly which replaces the one that appointed them makes appointments for the new period. they may be reelected, and for each member there shall be three alternates for cases of vacancy, temporary disability or leave of absence. article 209 the members of the tribunal of accounts are responsible to the general assembly, in joint session, for the faithful and accurate fulfillment of their functions. the general assembly may remove them in case of inefficiency, neglect, or malfeasance, by a two-thirds vote of its full membership. article 210 the tribunal of accounts shall have functional autonomy, which shall be regulated by a law to be drafted by the tribunal itself. the law may also give it other functions not specified in this section. article 211 it shall be the province of the tribunal of accounts: to deliver opinions and furnish information on budget matters; to supervise expenditures and payments, in accordance with the rules and regulations to be established by law, for the sole purpose of certifying as to their legality, appending whenever necessary any pertinent objections. should the respective auditor persist, he shall communicate the matter to the tribunal, without prejudice to compliance with the order. should the tribunal of accounts in turn maintain its objections, it shall communicate detailed information to the general assembly, or to whoever may be acting in its stead, for appropriate action. in the departmental governments, autonomous entities and decentralized services, the duties to which this paragraph refers may be performed under like conditions through the intermediary of the respective accountants or officials acting in their stead, who shall perform such duties under the supervision of the tribunal of accounts, subject to the provisions of law, which may extend this rules to other public services administering funds; to deliver opinions and furnish information with respect to the submission of accounts and activities of all the organs of the state, including departmental governments, autonomous entities and decentralized services, regardless of their nature, as well as, insofar as appropriate action in cases of responsibility is concerned, setting forth the pertinent considerations and objections; to present to the general assembly an annual report relative to the rendering of accounts required under the preceding paragraph; to intervene in all matters relating to the financial activities of the organs of the state, the departmental governments, autonomous entities and decentralized services, and to report to the appropriate authority all irregularities in the management of public funds or infractions of budgetary and accounting laws; to issue ordinances on accounting which shall be binding on all organs of the state, departmental governments, autonomous entities and decentralized services, regardless of their nature; to draft its budget, which it shall submit to the executive power to be included in the general budget. the executive power, with such modifications as it may see fit to make, shall transmit it to the legislative power for final action. article 212 the tribunal of accounts shall exercise supervision in all matters within its competence and, subject to the provisions of its organic law, over all offices of accounts, collections and payments of the state, departmental governments, autonomous entities and decentralized services, regardless of their nature, and it may propose to appropriate officials such changes as it may consider advisable. article 213 the tribunal of accounts shall present to the executive power the draft of a law on accounting and financial administration, and the executive power shall submit it to the legislative power with such suggestions as it may deem appropriate. such draft shall include regulatory provisions covering financial and economic administration, and particularly the organization of the accounting and collection services; the requisites, for purposes of supervision, for the acquisition and alienation of property and the making of contracts affecting the public wealth [hacienda pública] and for making effective preventive supervision of receipts, expenditures and payments; and the responsibilities and guaranties which shall be exacted from officials who have to do with the handling of the patrimony of the state. section xiv. the public wealth chapter i article 214 the executive power shall draft, with the assistance of the office of planning and budget, the national budget for its term of government and shall present it to the legislative power within the first six months of the exercise of its mandate. the national budget shall be drafted and adopted with a structure that shall contain: the current expenses and investments of the state distributed into each chapter by program; the functional wage scales and salaries distributed into each chapter by program; the revenues and the estimate of their amount, as well as the percentage that, over the total amount of resources, corresponds to the departmental governments. to this effect, the sectoral commission referred to in article 230, shall assist concerning the percentage to be established thirty days before the period established in the first paragraph expires. if the office of planning and budget does not share its opinion, it shall be presented equally to the executive power, and the latter shall communicate it to the legislative power; the departmental governments shall remit to the legislative power, within the six months after the close of the fiscal year, a rendering of accounts of the resources received by application of this literal, with a precise indication of the amounts of the allocations made. the norms for the execution and interpretation of the budget. the foregoing parts may be the object of separate laws by reason of the subject matter they include. the executive power, within six months after the close of a fiscal year, to coincide with the calendar year, shall present to the legislative power the rendition of accounts and the balance of budgetary execution corresponding to that [fiscal] year, and it may propose any modifications that are deemed indispensable in the total amount of expenditures, investments, and salaries or revenues and may effect creations, suppressions and modifications, in programs for duly justifiable reasons. article 215 the legislative power exclusively shall pass upon the overall amount of each item, program, the objective thereof, wage scales and number of officials, and revenues, but it may not make changes that will mean greater expenditures than those proposed. article 216 a special section in the budgets may be established by law which shall comprise the ordinary permanent expenditures of the administration, for which a periodic revision is not necessary. items shall not be included in the budgets when they cover a period longer than the term of office of the government or which do not refer exclusively to its interpretation or execution. all budgetary drafts shall be transmitted to the appropriate official for consideration and approval, including a comparison with the current budgets. chapter ii article 217 each chamber must pass upon the draft budgets or laws governing rendition of accounts within forty-five days after they are received. if they have not acted within that period, the draft or drafts shall be considered rejected. article 218 whenever a draft approved by one chamber is modified by the other chamber, the chamber that approved it originally must pass upon the modifications within the next fifteen days, after which or if the modifications are rejected, the draft shall go to the general assembly. the general assembly must pass upon it within the next fifteen days. if the general assembly does not act within that period, the drafts shall be considered rejected. article 219 supplementary or substitutive messages may be sent only in the exclusive case of the draft of the national budget and then only within twenty days form the first receipt of the draft in each chamber. chapter iii article 220 the judicial power, the contentious-administrative tribunal, the electoral court, the tribunal of accounts, the autonomous entities and decentralized services, with the exception of those included in the article following, shall draft their respective budgets and present them to the executive power, which shall include them in the draft general budget. the executive power may modify the original drafts and shall submit them, with the modifications, to the legislative power. article 221 the budgets of the industrial or commercial entities of the state shall be drafted by each of these and submitted to the executive power and to the tribunal of accounts five months before the beginning of each fiscal period, with the exception of the period following an election year, when it may be submitted at any time. the tribunal of accounts shall report thereon within thirty days after receipt. the executive power, with the advice of the office of planning and budget, may make objections, and in such case, as well as when the tribunal of accounts offers objections, the budget is returned to the respective entity. if the entity accepts the objections of the executive power and the report of the tribunal of accounts, the modified drafts are returned to the executive power for approval of the budget, and their inclusion in the national budget for informational purposes. if the agreement called for in the foregoing paragraph is not attained, the draft budgets shall be transmitted to the general assembly, with the added information. the general assembly, in joint session, shall settle the differences, subject to the provisions of article 215, by a two-thirds vote of its full membership. if no decision is reached within forty days, the budget with the objections of the executive power shall be considered adopted. the report of the tribunal of accounts requires an affirmative vote of the majority of its members. the law establishes, previously informed of that referred by the entities and the tribunal of accounts and the opinion of the executive power presented with the assessment of the office of planning and the budget, the percentage that each entity must designate to salaries of management and administration. chapter iv article 222 the provisions of articles 86, 133, 214, 215, 216 and 219 shall apply to the departmental budget, wherever pertinent. article 223 each intendant shall draft the departmental budget which shall be in effect during his term of office and he shall submit it for consideration by the departmental board within the first six months of his term. article 224 the departmental boards shall consider the draft budgets prepared by the intendants within four months after they are submitted. article 225 the departmental boards may modify the draft budgets only to increase revenues or decrease expenditures and may not give approval to any draft which indicates a deficit, and they may not create positions on their own initiative. prior to approval of the budget, the board shall request reports from the tribunal of accounts, which shall act within twenty days, and may offer objections only as to errors in the calculation of revenues, the omission of budgetary obligations, or the violation of applicable constitutional or legal provisions. if the board accepts the objections of the tribunal of accounts, or does not dispute them, the budget is definitively approved. in any case the board may not make other changes subsequent to the report submitted by the tribunal of accounts. if the departmental board does not accept the objections offered by the tribunal of accounts, the budget and statement of facts of the case shall be submitted to the general assembly which, meeting in joint session, shall pass on the discrepancies within a period of forty days, and if no decision is reached, the budget shall be considered approved. article 226 upon expiration of the period described in article 224, if the departmental board has not taken final action, the draft budget submitted by the intendant shall be considered to be rejected. article 227 departmental budgets which are declared to be in effect shall be communicated to the executive power for inclusion in the general budget, as information, and to the tribunal of accounts with the facts concerning its objections, if any. chapter v article 228 supervision of the execution of the budgets and the exercise of control in all matters relating to the public wealth shall be vested in the tribunal of accounts. as long as a draft budget has not been approved, the previous budget shall continue to be in effect. article 229 the legislative power, the departmental boards, the autonomous entities and decentralized services may not approve budgets, create offices, make increases in salaries and retirement allowances, or approve increases in items for wages or contracted services, within twelve months prior to the date of the regular elections, with the exception of the allotments referred to in articles 117, 154, and 295. chapter vi article 230 there shall be an office of planning and budget that shall depend directly the presidency of the republic. it shall be directed by a commission composed of representatives of the ministers connected with development and by a director appointed by the president of the republic that presides over it. the director must have the qualifications necessary to be a minister and must be a person of recognized competence in the subject. his position shall be one of specific confidence of the president of the republic. the office of planning and budget shall communicate directly with the ministries and public organisms in the carrying out of its functions. it shall form sectoral commissions on which workers and public and private enterprises must be represented. the office of planning and budget shall assist the executive power in the formulation of the plans and programs of development, as well as in the planning of the policies of decentralization that shall be executed: by the executive power, the autonomous entities and the decentralized services, with respect to their corresponding duties. by the departmental governments with respect to the duties that the constitution and the law assign to them. to this effect a sectoral commission shall be formed that shall be exclusively composed of delegates of the congress of intendants and of the competent ministers, who shall propose plans of decentralization that, with the prior approval of the executive power, shall be applied by the corresponding organisms. without prejudice to the latter, the law may establish the number of the members, the duties and the attributions of this commission, as well as regulate its functioning. the office of planning and budget shall also have the other duties that by other provisions are expressly assigned to it as the law determines. article 231 by an absolute majority of the full membership of each chamber a law may provide for expropriations pertinent to economic development plans and programs, proposed by the executive power, with just compensation and pursuant to the rules stated in article 32. article 232 this compensation need not be paid in advance, but in such a case the law must expressly provide for the resources necessary to ensure its payment in full at the time specified, which shall never be more than ten years; the entity making the expropriation may not take possession of the property without first having paid at least one-fourth of the total compensation. small property owners, to be defined by law, shall always receive full compensation before possession of the property is taken. section xv. the judicial power chapter i article 233 the judicial power shall be vested in the supreme court of justice and in the tribunals and courts as prescribed by law. chapter ii article 234 the supreme court of justice shall be composed of five members. article 235 the following qualifications are required in order to be a member of the supreme court of justice: forty years or over; native citizenship in exercise of the rights thereof, or legal citizenship with ten years exercise thereof and twenty-five years of residence in the country; to have been a lawyer for ten years, or as such to have been a member of the judiciary or the public or fiscal ministry for a period of eight years. article 236 the members of the supreme court of justice shall be appointed by the general assembly by a two-thirds vote of its full membership. the appointment must be made within ninety days after a vacancy has occurred, for which purpose the general assembly shall be called into special session. if this period expires without an appointment having been made, the appointment as member of the supreme court of justice shall go automatically to the member of the appellate tribunals having the longest service in such post, and, if there is equal seniority, to the person who has served longest in the judiciary or in the public or fiscal ministry or prosecution service. in cases of vacancy, and as long as they are not filled, and of challenge, excuse, or disability in fulfilling the judicial function, the supreme court shall be constituted in the manner prescribed by law. article 237 the members of the supreme court of justice shall serve for ten years, without prejudice to the provisions of article 250, and they may not be re-elected until after a lapse of five years following the previous term. article 238 their compensation shall be fixed by the legislative power. chapter iii article 239 the supreme court of justice shall: try all violators of the constitution, without exception; offenses against the law of nations and cases in admiralty; questions relating to treaties, pacts and conventions with other states; and take cognizance of cases involving diplomatic representatives in such cases as are contemplated in international law. in the aforementioned matters and in all others in which the supreme court has original jurisdiction, it shall be the province of the law to decide on the procedure to be followed, which in any case shall be public and shall require final judgments, with opinions and express reference to the law that is applied; exercise directive, corrective, advisory, and economic supervision over the tribunals, courts and other dependencies of the judicial power; prepare the draft budgets of the judicial power and transmit them in due course to the executive power for inclusion in the draft of the general budget, together with such modifications as may be deemed appropriate; with the approval of the chamber of senators, or during its recess with that of the permanent commission, appoint the citizens who shall compose the appellate tribunals, such appointments to be contingent upon the following: a favorable vote of three of its members, for candidates who belong to the judiciary or the public ministry; a favorable vote of four, for candidates not having the qualifications of the foregoing paragraph; appoint the lawyer judges [jueces letrados] of all grades and classes, an absolute majority of all members of the supreme court being required in each case. these appointments shall be permanent in character from the moment they are made whenever the candidates concerned are citizens who have served at least two years in the judiciary, the public or fiscal ministry, or as a justice of peace, in positions which must be filled by lawyers. if such officials had less seniority in their respective posts, they shall be considered as interim lawyer judges for a period of two years, counting from the date of their appointment, and citizens newly taken into the magistracy shall have a like classification for the same period. during such interim period the supreme court may at any time remove the interim lawyer judge by absolute majority of all its members. at the end of the period the appointment shall be considered confirmed in full right; appoint the permanent official defenders and justices of the peace by absolute majority of all members of the supreme court of justice; appoint, promote, or remove, by a vote of four of its members, the employees of the judicial power, in accordance with the provisions of articles 58 to 66, wherever pertinent; perform such other duties as the law may prescribe. article 240 in the exercise of its functions, it shall address itself directly to the other powers of the state, and its president shall be empowered to attend the parliamentary committees, with a voice in discussions but no vote, when they deal with matters of interest to the administration of justice, and may promote therein the progress of bills for judicial reforms and amendments to the codes of procedure. chapter iv article 241 there shall be established such appellate tribunals as the law may determine, and with such powers as the law may confer upon them. each of such tribunals shall consist of three members. article 242 to be a member of an appellate tribunal requires the following qualification: thirty-five years of age or more; native citizenship in full exercise of such rights, or legal citizenship exercised for at least seven years; to have been a lawyer for at least eight years or to have been engaged in such capacity in the judiciary or public ministry for six years. article 243 the members of the appellate tribunals shall remain in office during good conduct, up to the limit imposed by article 250. chapter v article 244 the law shall fix the number of lawyer courts [juzgados letrados] in the republic, consistent with the exigencies of a most prompt and efficient administration of justice, and shall indicate the location of the seat of each of these, its powers, and the manner of exercising them. article 245 to be a lawyer judge the following requirements must be met: twenty-eight years of age or more; native citizenship in full exercise thereof, or legal citizenship for four years or more; to have been a lawyer for at least four years or to have been engaged in such capacity in the public or fiscal ministry or as a justice of the peace for at least two years. article 246 lawyer judges who render effective service shall remain in office during good conduct, up to the limit imposed by article 250. notwithstanding, and for reasons of the good of the service, the supreme court may transfer them at any time, from their office or place or from both, provided such transfer is decided upon after hearing the court prosecutor, and subject to the following conditions: vote of approval of three members of the supreme court in favor of the transfer, if the new office does not imply a reduction in grade or remuneration or both, as compared with the former; vote of approval of four of its members in favor of the transfer if the new office does imply a reduction in grade or remuneration, or both, as compared with the former. chapter vi article 247 to be a justice of the peace the following requirements are prescribed: twenty-five years of age or more; native citizenship in full exercise thereof, or legal citizenship for two years. to the qualifications stated there should be added the requirement that candidates for justice of the peace in the department of montevideo must be lawyers, and either lawyer or notary public in the capitals and citizens of the other departments or in any other town of the republic where the judicial activity so demands, in the opinion of the supreme court. article 248 there shall be as many justice of the peace courts in the republic as there are judicial districts into which the territory of the departments is divided. article 249 justices of the peace shall hold office for four years and may be removed at any time, if the best interests of the public service so demand. chapter vii article 250 the services of all members of the judicial power shall cease upon their attaining the age of seventy years. article 251 positions under the judiciary shall be incompatible with any other salaried public office, with the exception of professorships in law in higher public education, and with any other permanent honorary function except those particularly connected with the judiciary. to occupy any such position the prior authorization of the supreme court of justice shall be required, by an absolute majority of all its members. article 252 magistrates and all persons attached to internal offices and sections of the supreme court, tribunals and courts shall be prohibited, under penalty of immediate dismissal, from conducting, defending, or handling judicial cases, or from acting, except as required by their official duties, in any way in connection therewith, even by voluntary jurisdiction. the violation shall be officially declared as soon as it becomes known. this prohibition shall be without effect solely with respect to personal matters of the official or of his wife, children and parents. with reference to the personnel of offices or sections, these may also be subject to such exceptions as may be established by law. the law may also lay down individual prohibitions with respect to officials or employees of staffs not covered by the first paragraph of this article. chapter viii article 253 military jurisdiction shall be limited to military offenses and to a state of war. common offenses committed by the military in time of peace, regardless of the place in which they are committed, shall be subject to the ordinary courts. article 254 the administration of justice shall be gratis for those who are declared paupers according to law. in suits in which such a declaration has been made in favor of the plaintiff, the defendant shall enjoy a like privilege up to the time of final judgment, which shall confirm his right thereto if such judgment declares the plaintiff guilty of bringing suit without sufficient cause. article 255 no suit in a civil matter may be brought without first showing that settlement has been attempted before a justice of the peace, save for those exceptions established by law. chapter ix article 256 laws may be declared unconstitutional by reason of form or content, in accordance with the provisions of the following articles. article 257 the supreme court of justice has original and exclusive jurisdiction in the hearing and decision of such matters; and must render its decision in accordance with the requirement for final decisions. article 258 the declaration of the unconstitutionality of a law and the inapplicability of the provisions affected thereby, may be requested by any person who considers that his direct, personal, and legitimate interest is injured: by means of lawsuit, which must be filed before the supreme court of justice; by plea of exception, which may be made in any judicial proceeding. a judge or court which hears any judicial proceeding, or the contentious-administrative tribunal, as the case may be, may also request the declaration of unconstitutionality of a law and its inapplicability, before rendering a decision. in this case and in that provided in subparagraph 2 above, the proceedings shall be suspended and the case referred to the supreme court of justice. article 259 the decision of the supreme court of justice shall refer exclusively to the concrete case and shall have effect solely on the proceedings for which it was rendered. article 260 decrees of the departmental governments which have the force of law within their jurisdictions may also be declared unconstitutional, subject to the provisions of the preceding articles. article 261 the law shall prescribe the pertinent procedure. section xvi. the government and administration of the departments chapter i article 262 the government and administration of the departments, with the exception of the services of public security, shall be exercised by a departmental board and an intendant. they shall have their seats in the capital of each department and shall initiate their functions sixty days after their election. there may be a local authority in each community that possesses the minimum conditions that the law establishes. there may also be, one or more, in the urban section of the departmental capitals, if the departmental board so decides at the initiative of the intendant. the law shall establish the departmental and the municipal matters, in order to limit the respective duties of the departmental and local authorities, as well as the juridical powers of their organs, without prejudice to that provided in articles 273 and 275. the intendant, in agreement with the departmental board, may delegate to the local authorities the execution of specific duties, in their respective territorial circumscriptions. the departmental governments may agree, amongst themselves and with the executive power, as well as with the autonomous entities and the decentralized services, concerning the organization and the provision of their own or common services and activities as much in their respective territories as in regional or interdepartmental form. there shall be a congress of intendants, composed of those who will receive the title of this office or who have exercised it, with the goal of coordinating the policies of the departmental governments. the congress, which may also conclude the agreements to which the preceding paragraph refers, shall communicate directly with the powers of the government. article 263 the departmental boards shall consist of thirty-one members. article 264 to be a member of a departmental board it is required to be eighteen years of age; [to have] natural or legal citizenship with three years of exercise and; be a native of the department or be a resident in it for three years preceding at least. article 265 members of the departmental boards shall hold office for four years. three times as many alternates as the number of members shall be elected at the same time. article 266 the intendants shall hold office for five years and may be re-elected, once only, with the requirement that to be a candidate they must resign at least three months in advance of the date of the election. article 267 to be an intendant requires the same qualifications as for a senator, and in addition, that of being a native of the department or a resident thereof for at least three years prior to assuming office. article 268 simultaneously with an intendant four alternates shall be elected, who may be called upon in their order of election to perform the duties in the event of a vacancy in the post, a temporary impediment, or leave of absence of the principal. non-acceptance of the post by an alternate shall mean the loss of his status as such, unless the call was to fill a temporary vacancy. if the post of intendant becomes permanently vacant and the list of alternates is exhausted, the departmental board shall elect a new principal by an absolute majority of its membership and for the remaining period of the current term. in the interim, or if the vacancy is temporary, the post shall be held by the president of the departmental board-provided he meets the provisions of articles 266 and 267-and in his default, by the vice presidents if they meet the qualifications. if on date he is to take office an intendant has not been proclaimed elected or if the departmental election was nullified, the term of the outgoing intendant shall be extended until the transfer of power is effected. article 269 the law, by a two-thirds vote of the full membership of each chamber, may change the number of members on departmental boards. chapter ii article 270 the departmental boards and intendants shall be elected directly by the people, under the guaranties and in accordance with the rules of suffrage prescribed in section iii. article 271 the political parties shall select their candidates for intendant through internal elections that shall be governed by the law approved by the vote of two-thirds of the members of each chamber. for the election of municipal intendant the votes in favor of each political party shall be accumulated by lema, however accumulation by sublema [faction] is prohibited. the office of municipal intendant shall correspond to the candidate of the list most vote for of the political party most voted for. the law, sanctioned by the majority stipulated in the first paragraph, may establish that each party may present a sole candidate for municipal intendant. article 272 the positions of members of the departmental boards shall be distributed among the various lemas proportionally to the electoral quantity of each, without prejudice to the provisions of the following paragraphs. if the lema that won the office of intendant received only a plurality of votes that lema shall be allotted the majority of seats on the departmental board, distributed proportionally among all its lists. the remaining seats are to be distributed according to the system of integral proportional representation among those lemas which did not obtain representation under the previous allotment. chapter iii article 273 the departmental board shall exercise the legislative and supervisory functions of the departmental government. its jurisdiction shall extend throughout the territory of the department. in addition to whatever the law may prescribe, the departmental board shall have these powers: to issue, at the instance of the intendant or on its own initiative, such decrees and resolutions as it may deem necessary, within its competence; to approve the budgets submitted to its consideration by the intendant, in accordance with the provisions of section xiv; to create or fix the amount, at the instance of the intendant, of taxes, excises, rates and charges for services offered, by vote of an absolute majority of its full membership; to requisition the intervention of the tribunal of accounts for advice concerning questions relating to departmental finances or administration. such requisition must always be made if requested by one-third of the members of the board; to remove from office, at the instance of the intendant, and by a majority vote of all its members, members of nonelective local boards; to adopt, within the first twelve months of its term of office, its budgets for salaries and expenditures, by a three-fifths vote of all its members, and transmit them to the intendant for inclusion in the general budget. during the first five months of each year a three-fifths vote of the full membership may make such modifications as are deemed strictly necessary in the budget of salaries and expenditures; to appoint the employees of its staff, and discipline, suspend, or remove them in cases of inefficiency, neglect, or malfeasance, in the latter case referring the matter to the courts; to grant concessions for local or departmental public services, at the instance of the intendant, and by an absolute majority of its full membership; to create new local boards, at the instance of the intendant; to consider requests for authorization or concurrence submitted by the intendant; to petition the legislative power directly for amendments or additions to the organic law on departmental governments. chapter iv article 274 the intendant exercises the executive functions of the departmental government. article 275 in addition to whatever the law may prescribe, his powers are as follows: to comply with and enforce the constitution and the laws; to promulgate and publish the decrees sanctioned by the departmental board, issuing such regulations and resolutions as may be deemed appropriate for the administration thereof; to prepare the budget and submit it to the approval of the departmental board, in accordance with the provisions of section xiv; to propose taxes, excises, and assessments; fix charges for the use or appropriation of departmental property or services and establish the rate schedules for public services to be charged by concessionaires or permittees; to appoint the employees of its staff, and discipline or suspend them. to remove them in case of inefficiency, neglect or malfeasance, on the authorization of the departmental board, which must take action within forty days. if it fails to act, the removal shall be considered as effected. in case of malfeasance the matter shall also be referred to the courts; to present drafts of decrees and resolutions to the departmental board and offer objections to those which the board approves, within ten days from the date of notification of passage; to give notice of property to be expropriated for reasons of public necessity or utility, with the approval of the departmental board; to appoint the members of the local boards, with the approval of the departmental board; to oversee public health and primary, secondary, preparatory, industrial and artistic education and propose to competent authorities suitable measures for their improvement. article 276 the intendant represents the department in its relations with the state and with other departmental governments and in the conclusion of contracts with public or private agencies. chapter v article 277 the intendant shall sign decrees, resolutions, and communications together with the secretary or other official he selects, and if this requisite is lacking no one is compelled to obey them. nevertheless, it may be provided that specified resolutions shall take effect pursuant to an act adopted in advance and meeting this requisite. a secretary shall be appointed by each intendant, and he shall leave office with him, unless there is a new appointment, since he may be removed or temporarily replaced at any time. article 278 the intendant may assign specific duties to special committees and delegate the powers necessary for carrying them out. article 279 the intendant shall determine the jurisdiction of the departmental agencies and he may change their names. article 280 the departmental directors general shall perform the duties that the intendant expressly delegates to them. chapter vi article 281 decrees adopted by the departmental board, to be effective, must first be promulgated by the intendant. the latter may object to those deemed unsuitable, but the departmental board may sustain its position by a three-fifths vote of its full membership, and in such case the decree will take effect immediately. if the intendant does not return a decree within ten days after receipt, it shall be considered promulgated and is to be enforced as such. objections may not be made to budgets which have gone to the general assembly by the procedure provided in article 225. article 282 the intendant may attend meetings of the departmental board and its committees and may take part in discussions but cannot vote. article 283 the intendants or departmental boards may bring suit in the supreme court of justice for any alleged injury to the autonomy of the department, in the manner prescribed by law. article 284 any member of the departmental board may request from the intendant any information or data deemed necessary to fulfill his functions. the request must be made in writing through the intermediary of the president of the departmental board, who shall immediately transmit it to the intendant. if the intendant does not furnish the information within a period of twenty days, the member of the departmental board may request it through the intermediary of the board itself. article 285 the board is empowered, by a resolution adopted by one-third of all its members, to cause the intendant to appear before it in order that it may request and receive such information as it may deem suitable, for either legislative or supervisory purposes. the intendant may be accompanied by such officials of his administration as he deems necessary, or he may be represented by the highest-ranking official of the administrative office concerned, except when he is called to appear before the board because of noncompliance with the provisions of the second paragraph of the preceding article. article 286 the departmental board may appoint investigating committees to obtain such data as is considered necessary in carrying out its functions, and the intendant and offices subordinate to him are required to furnish the data requested. chapter vii article 287 the number of members of the local authorities, which may be uni-personal or pluri-personal, their form of membership in the latter case, as well as the qualifications required to be a titular [member] of the same, shall be established by the law. the intendants and the members of the departmental boards may not be part of the local authorities. article 288 the law shall prescribe the conditions for the creation of the local boards and their powers, and by an absolute majority of votes of the full membership of each chamber and at the initiative of the respective departmental government may broaden their scope of action in communities which though not the capital of a department have over ten thousand inhabitants or are of special national interest for the development of tourist travel. the law may also, by meeting the same requirements, provide that the members of these autonomous local boards shall be elected by the people. chapter viii article 289 the office of intendant is incompatible with any other public office or employment with the exception of teaching, or with any other personal situation in which a salary or remuneration is received for services to an enterprise under contract with the departmental government. an intendant may not make contracts with the departmental government. article 290 employees of a departmental government or persons receiving as salary or remuneration for services to private enterprises under contract with a departmental government may not be members of departmental boards or of local boards. neither may the officials mentioned in item four of article 77 be members of these bodies. article 291 intendants and members of the departmental boards or the local boards, during their term of office, are likewise prohibited from: acting as directors or administrators of enterprises which contract for works or supplies for a departmental government or for any other public agency related thereto; handing or conducting business for themselves or for third parties with the departmental government. article 292 violation of the provisions of the preceding articles shall result in immediate dismissal from office. article 293 the position of member of a departmental board or local board is incompatible with that of intendant, but this provision shall not apply to members of departmental boards who are called upon to hold the position of intendant temporarily. in this event, their functions as members of the departmental board will be suspended and the position occupied, during the suspension, by their alternates. article 294 the offices of intendant and members of a departmental board are incompatible with the exercise of any other elective public office, regardless of its nature. chapter ix article 295 the positions of members of the departmental boards of the local boards shall be honorary. intendants shall receive such remuneration as may be fixed by the departmental board prior to their election the amount may not be changed during their term of office. article 296 intendants and members of a departmental board may be impeached before the chamber of senators by a vote of one-third of the members of the departmental board, on the grounds provided in article 93. the chamber of senators may separate them from office by a two-thirds vote of its full membership. chapter x article 297 the sources of revenues of the departmental governments, decreed and administered by them, shall be the following: taxes on urban and suburban real property, located within their jurisdiction, excepting in all cases the national supplementary taxes, in existence or subsequently imposed. taxes on rural real property will be levied by the legislative power, but their collection and all proceeds, except from the supplementary taxes in existence or subsequently imposed, shall go to the departmental governments. the amount of the national supplementary taxes may not be greater than the taxes going to the departments; the tax on idle lands [baldios] and on inappropriate building construction in urban and suburban districts of cities, towns, villages, and populated centers; taxes levied for the benefit of the departmental governments and those that may be imposed by law in the future for the same purpose on sources not enumerated in this article; special levies for improvements to real estate benefited by departmental public works; excises, fees and charges for the utilization, supply, or benefits obtained from services supplied by the departmental government, and special taxes on enterprises holding exclusively departmental concessions; taxes on public entertainment, with the exception of those established by law for special purposes until they are repealed, and taxes on transport vehicles; taxes on advertisements and announcements of all kinds. excepted therefrom are press and radio advertising as well as political, religious, trade union, cultural and sports advertising and any others that the law may exempt by an absolute majority of the full membership of each chamber; profits obtained from games of chance already authorized or subsequently authorized by law, in such form and under the conditions established therein; taxes on horse racing and other competitive sports in which mutual betting is used, with the exception of those exempted by law until it is repealed; proceeds from fines: as established by the departmental government, until repealed or that may be established under its powers; as established by laws in effect, for the benefit of the departmental governments; that may be established by new laws, for the benefit of the departmental governments. income from property owned by the departmental government and the proceeds from sales thereof; gifts, inheritances and legacies made to it and accepted; the quota share in the percentage that, over the total amount of resources of the national budget, the budgetary law establishes. article 298 the law, that shall require the initiative of the executive power and by the vote of the absolute majority of the total of the members of each chamber, may: without creating negative superimpositions, extend the sphere of application of the departmental taxes, as well as broaden the sources upon which the latter can devolve. assign for the development of the interior of the country and for the execution of the policies of decentralization, a proportion [alícuota] of the national taxes collected outside of the department of montevideo. with the proceeds a budgetary fund shall be produced, allocated for the financing of the programs and plans to which the fifth paragraph of article 230 refers. this proportion shall be proposed preceptively in the national budget. temporarily exonerate from national taxes, as well as to rebate their proportions, the businesses that locate [instalaren] themselves in the interior of the country. article 299 the decrees of the departmental governments creating or changing taxes shall not be enforced until ten days after publication in the diario oficial and they shall be published in a special section of the register of laws and decrees. they must also be published in at least two newspapers in the department. article 300 the executive power, within fifteen days following their publication in the diario oficial, may appeal to the chamber of representatives against decrees of the departmental governments which create or change taxes, on grounds of the public interest. such appeal is suspensive in effect. if no action is taken on the appeal in the chamber of representatives, within sixty days after receipt, the appeal is considered void. within fifteen days after an appeal has been submitted to the chamber of representatives, it may request, once only, any necessary supplementary information, and the sixty-day period is interrupted until this is received. a recess of the chamber of representatives interrupts any of the periods mentioned in the foregoing. article 301 the departmental governments may not issue certificates of departmental public debt, nor borrow money or contract loans from international organizations or foreign institutions or governments, except at the instance of the intendant, approved by the departmental board, based on a report by the tribunal of accounts, and with the approval of the legislative power by an absolute majority of the full membership of the general assembly in joint session, within a period of sixty days, upon the expiration of which the approval shall be considered granted. contracts for any other type of loan shall require the initiative of the intendant and approval by an absolute majority of votes of the full membership of the departmental board, following a report by the tribunal of accounts. if the period of the loan is to exceed the term of office of the intendant who proposed it, a two-thirds vote of the full membership of the departmental board is required. article 302 any surplus must be applied in full to special amortization of departmental obligations. if there are no obligations, it shall be used for the execution of public works or for remunerative investments through the adoption of a resolution by the departmental board, proposed by the intendant and following a report by the tribunal of accounts. chapter xi article 303 decrees of the departmental board and resolutions of the intendant which are contrary to the constitution or the laws, not susceptible of being taken before the contentious-administrative tribunal, shall be appealable to the chamber of representatives within fifteen days after their promulgation, by one-third of the members of a departmental board or by one thousand citizens registered in the department. in the latter case, and when the decree appealed is for the purpose of increasing departmental revenues, the appeal shall not have suspensive effect. if within sixty days following receipt of the facts by the chamber of representatives, the appeal is not acted upon, the appeal shall be considered as not having been taken. the chamber of representatives, within fifteen days after it has been notified of the appeal, may request, once only, any desired supplementary information, and the period for action is interrupted until this has been received. a recess of the chamber of representatives interrupts the foregoing periods. chapter xii article 304 the law, by an absolute majority of votes of the full membership of each chamber, may introduce the referendum as a recourse against decrees of the departmental boards. likewise, by an absolute majority of the votes of the full membership of each chamber, the law may introduce and regulate the right of popular initiative in affairs of the departmental government. article 305 fifteen percent of the registered residents of a locality or district specified by law shall have the right of initiative before the organs of the departmental government in matters affecting that jurisdiction. article 306 the public force shall lend its cooperation to the departmental boards and intendants and to the local boards, whenever this is required for the fulfillment of their functions. section xvii. the contentious-administrative chapter i article 307 there shall be a contentious-administrative tribunal which shall be composed of five members. in cases of vacancy and as long as these are not filled, and in the event of challenge, excuse, or disability to fulfill the jurisdictional function, the places shall be filled in such manner as may be prescribed by law. article 308 the qualifications necessary for members of this tribunal, the manner of their appointment, the prohibitions and incompatibilities, their remuneration and term of office shall be those established for members of the supreme court of justice. chapter ii article 309 the contentious-administrative tribunal shall hear pleas for the nullification of definitive administrative acts performed by the administration in the exercise of its functions which are contrary to a rule of law or which are a distortion of authority. the tribunal shall also have jurisdiction over definitive administrative acts of the departmental governments, the autonomous entities, and the decentralized services. action for nullification may be taken only by one who has a right or a direct, personal and legitimate interest which is violated or injured by the administrative act. article 310 the tribunal shall limit itself to appraising the act in itself, confirming or annulling it, without alteration. in issuing a decision all members of the tribunal must concur, but a simple majority is sufficient to declare the annulment of an act contested on grounds of injury to a subjective right. in other cases, annulment of an act shall require four favorable votes. however, the tribunal shall reserve to the complaining party the right to sue for redress if three favorable votes declare the grounds for annulment sufficiently justified. article 311 whenever the contentious-administrative tribunal declares the annulment of an administrative act contested on grounds of injury to a subjective right of the plaintiff, the decision shall have effect solely in the case acted upon. if the decision declares the annulment of an act with respect to a rule of law or of good administration, it shall have general and absolute effect. article 312 the action for reparation for harms caused by the administrative acts to which article 309 refers shall be interposed before the jurisdiction that the law determines and may only be employed by those who have active legitimation to demand the annulment of the act at issue. the plaintiff [actor] may opt between requesting the annulment of the act or reparation for the damage caused by it. in the first case and if an annulment sentence is obtained, the reparation before the corresponding seat may be subsequently [luego] demanded. one may not, on the other hand, request an annulment if one first opted for the reparatory cause of action, whatever the respective sentence may contain. if the sentence of the tribunal is affirmed, [and] the reason invoked for annulment is declared sufficiently justified, one may also demand the reparation. article 313 the tribunal shall, in addition, act upon conflicts of jurisdiction, based upon legislation and upon the differences that may arise between the executive power, the departmental governments, the autonomous entities and the decentralized services, and likewise upon disputes or differences arising between one and another of these organs. it shall act also upon disputes or differences that may arise among the members of the departmental boards, the directorates or councils of the autonomous entities and decentralized services, provided they have not been settled by the normal procedure for ascertaining the will of the agency concerned. all disputes based on the constitution shall be heard by the supreme court of justice. chapter iii article 314 there shall be a state attorney [procurador del estado] in the contentious-administrative tribunal, appointed by the executive power. the qualifications necessary for this position, the prohibitions and incompatibilities, as well as its remuneration and term of office, shall be determined by the contentious-administrative tribunal. article 315 the state attorney in the contentious-administrative tribunal shall necessarily be heard at the final hearing on all matters within the jurisdiction of the tribunal. the state attorney is independent in the exercise of his functions. consequently he may render opinions according to his convictions based upon what he believes to be the intent of the law. article 316 the defendant official may have such representation or counsel as he may consider necessary. chapter iv article 317 administrative acts may be contested by a plea for reversal, before the same official who issued the orders, within a period of ten days counted from the day following personal notification, if such was the case, or following publication in the diario oficial. if the administrative act was executed by an official subject to higher authority, it may also be contested by a plea to that authority, who shall become jointly and subsidiarily a party to the plea for reversal. if the administrative act comes from an authority which under its juridical statutes is subject to administrative supervision, it may be contested on the same grounds for annulment as provided in article 309, by a petition for annulment before the executive power, which must become a party jointly and subsidiarily to the plea for reversal. if the act issues from an organ of the departmental governments it may be contested by a plea for retrial and appeal in the manner provided by law. article 318 every administrative authority is required to act upon any petition submitted by a person having a legitimate interest in the execution of a specific administrative act and to act upon any administrative pleas against his decisions, after taking such steps as may be necessary for due understanding of the matter, within a period of twenty days from the date of enforcement of the last act imposed by law or by applicable regulation. the petition is considered denied or the plea rejected if the authority in question does not act within the indicated time limit. article 319 action for annulment before the contentious-administrative tribunal may not be taken if appropriate previous remedies in administrative channels have not been exhausted. action for annulment must be taken, under penalty of forfeiture, within the period prescribed by law in each case. chapter v article 320 the law may, by a three-fifths vote of the full membership of each chamber, create subordinate organs within the contentious-administrative jurisdiction. these organs shall be appointed by the contentious-administrative tribunal, in accordance with whatever the law may prescribe on the basis of provisions covering the judicial power, and they shall be subject to its directive, disciplinary, advisory and economic supervision. article 321 the contentious-administrative tribunal shall prepare its budgets and transmit them in due course to the executive power for inclusion in the draft general budget with such modifications as may be deemed pertinent. section xvii. electoral justice chapter i article 322 there shall be an electoral court which shall have the following powers in addition to those established in section iii or which may be prescribed by law: to act in all matters relating to electoral acts or procedures; to exercise directive, disciplinary, advisory, and economic supervision over electoral organs; to render final decision on all appeals and claims that may arise and act as judge of the elections to all elective offices, and of plebiscites and referendums. article 323 in budgetary and financial matters, the provisions of section xiv shall apply. article 324 the electoral court shall be composed of nine titular [members] and twice as many alternates [suplentes]. five members and their alternates shall be appointed by the general assembly in a meeting of both chambers by two thirds vote of the total of its membership, and they must be citizens who, by their position in the political scene, are a guarantee of impartiality. the four remaining members, representatives of the parties, shall be elected by the general assembly through the system of double simultaneous vote in agreement with a system of proportional representation. article 325 the members of the electoral court may not be candidates for any office requiring election by the people, unless they resign and terminate their functions at least six months before the date of the election. article 326 the resolutions of the electoral court shall be adopted by a majority vote and to be valid must have the affirmative vote of at least three of the five members to which paragraph 1 of article 324 refers, unless they are adopted by a two-thirds vote of the full membership. article 327 the electoral court may annul the elections in whole or in part, this step requiring an affirmative vote of six members, three of whom must be members elected by the two-thirds vote of the general assembly. in such event it must call for a new election-in whole or in part-which shall take place on the second sunday following the date of nullification. article 328 the executive committee shall communicate directly with the public powers. section xix. the observance of former laws. enforcement and amendment of the present constitution chapter i article 329 there are hereby declared to be in full force and effect the laws which up to the present time have governed in all matters and points which are not directly in conflict with this constitution or with the laws issued by the legislative power. chapter ii article 330 any person who attacks or who is instrumental in attacking the present constitution, following its sanction and publication, shall be regarded, tried, and punished as guilty of treason. chapter iii article 331 the present constitution may be amended, in whole or in part, in accordance with the following procedures: upon the initiative of ten percent of the citizens inscribed in the national civil register, by presenting a detailed proposal which shall be referred to the president of the general assembly, to be submitted for popular decision at the next election. the general assembly, meeting in joint session, may take substitute proposals which shall be submitted to plebiscitary decision together with the popular initiative. by proposal of amendment approved by two-fifths of the full membership of the general assembly, presented to the president thereof, and submitted to plebiscite at the next ensuing election. for an affirmative result in the methods outlined in paragraphs (a) and (b), a "yes" vote of an absolute majority of the citizens participating in the elections shall be required, and this majority must represent at least thirty-five percent of all persons inscribed in national civil register. the senators, representatives, and the executive power may present proposed amendments which must be approved by an absolute majority of the full membership of the general assembly. a proposal which is rejected may not be renewed until the succeeding legislative period, and the same formalities must be observed. upon the approval of a proposal and its promulgation by the president of the general assembly, the executive power, within ninety days thereafter, shall call for the election of a national constituent convention, which shall consider and decide upon approved proposals for amendment as well as upon any other proposals that may be presented to the convention. the number of members of the convention shall be double the number of legislators. twice as many alternates shall be elected at the same time. the conditions for eligibility and the immunities and incompatibilities shall be the same as for representatives. the election by departmental lists shall be governed by the system of integral proportional representation and in accordance with laws in force for the election of representatives. the convention shall meet within one year from the date of promulgation of the proposal of amendment. the decisions of the convention must be taken by an absolute majority of the whole number of members of the convention and the work of the convention must be terminated within one year from the date of its commencement. the proposal or proposals drawn up by the convention shall be communicated to the executive power for immediate and full publication. the proposal or proposals drawn up by the convention must be ratified by the body electorate convoked for the purpose by the executive power, on the date to be fixed by the national constituent convention. voting shall be by "yes" or "no" and if there are several texts of amendment, it shall be separate for each of them. for this purpose the constituent convention shall group together those amendments which by their nature require that they be voted on as a unit. one-third of the members of the convention may require separate voting on one or several texts. an amendment or amendments must be approved by a majority of votes, which shall not be less than thirty-five percent of the citizens inscribed in the national civil register. in the cases contemplated by paragraphs (a) and (b), there shall be submitted for ratification by plebiscite at the same time as the next elections only those proposals which have been presented at least six months before the date of such elections, or in the first of these cases, three months before, for substitute proposals approved by the general assembly. proposals presented after the periods mentioned shall be submitted to plebiscite at the time of the subsequent elections. the constitution may be amended, also, by constitutional laws which shall require for their sanction two-thirds of the full membership of each chamber in the same legislative period. constitutional laws may not be vetoed by the executive power and shall take effect as soon as the electorate specially convoked on the date specified in such laws shall have expressed their approval by an absolute majority of the votes cast and they shall be promulgated by the president of the general assembly. if the convocation of the electorate for ratification of amendments, in the cases contemplated in paragraphs (a), (b), (c), and (d) coincides with any election of members of the organs of the state, the citizens must express their will on the constitutional amendments on ballots separate and apart from the election lists. whenever the amendments submitted to a plebiscite relate to election to elective offices, the voting for such offices shall be both by the system proposed and by the existing system, and decision of the plebiscite shall be final. chapter iv article 332 the provisions of the present constitution which recognize individual rights, as well as those which confer powers and impose duties on public authorities, shall not be without effect by reason of the lack of corresponding regulations, but such regulations shall be supplied on the basis of analogous laws, general principles of justice, and generally accepted doctrines. transitory and special provisions if the plebiscite is declared affirmative, by signed resolution of the electoral court, this [reform] will enter into force obligatorily from that moment. the provisions contained in sections viii, ix, x, xi and xvi shall take effect on march 1, 1967. the lists of candidates for electoral boards, created by law 7.690 of january 9,1924, shall be included on the same ballot as are the candidates for national office. the general assembly, in joint session, within fifteen days following the inauguration of the next legislative term, shall fix the remuneration to be allotted to the president and vice president of the republic and to the municipal intendants who are elected under these proposed constitutional amendments. the ministries of labor and social security and of transportation, communications and tourism are hereby established, with jurisdiction over the matters their titles indicate. the present ministries of public information and social welfare and of industries and labor shall become the ministries of culture and of industry and commerce. the tourist commission, the postal administration, the telecommunications administration, civil aviation, and the weather bureau shall become centralized services under the ministry of transportation, communications and tourism. nevertheless, the executive power, under his responsibility and by decree stating reasons, may delegate such jurisdiction as is deemed necessary to ensure efficiency and continuity in providing services. the executive power is authorized to take from the general revenues the amounts needed for the organization and functioning of the aforementioned ministries, until a law shall enact their budgets of salaries, expenditures and investments. the autonomous entities and decentralized services indicated below shall be administered, until such time as a law prescribes their form of organization, as follows: the central bank of the republic; the bank of the oriental republic of uruguay; the state insurance bank; the mortgage bank of uruguay; the electric power and telephone administration, ancap, and the national port administration, by boards of five directors each, selected in the manner indicated in article 187. the state sanitation works and the state railways administration, by boards of three directors, selected in the manner prescribed by article 187. the oceanographic and fishery service and the primary air lines, by directors general chosen in the manner indicated in article 187. a board of directors composed as indicated herein shall govern the colonization institute: a chairman appointed by the executive power in the manner prescribed by article 187; one delegate from the ministry of livestock and agriculture; one delegate from the ministry of finance [hacienda]; one member appointed by the executive power, who must be selected from a list consisting of two candidates nominated by the university of the republic and two candidates nominated by the labor university of uruguay; and one member appointed by the executive power, who must be selected from among candidates proposed by the national producers organizations, the farm cooperatives, and the rural development societies, each of which may nominate one candidate. as of march 1, 1967 and until a law, by an absolute majority of the full membership of each chamber established the composition of the board of directors of the central bank of the republic and its jurisdiction, this board shall be organized in the manner prescribed by paragraph (1) of clause f of these transitory provisions, and it shall have the powers and duties that presently pertain to the issue department of the bank of the republic. the provisions of section xvii shall apply to administrative acts completed or executed on or after march 1, 1952. administrative acts performed prior to that date may be challenged, or proceedings shall be continued in accordance with the system in force at the time the acts were performed. all provisions of law that give jurisdiction to organs of regular justice over matters in first or later instance are hereby repealed, if they should be submitted to the jurisdiction of the contentious-administrative tribunal. until such time as the organic law for the contentious-administrative tribunal is promulgated: its composition and functioning shall be governed, whenever applicable, by law 3.246 of october 28, 1907 and amendatory and supplementary laws. the procedure to be followed before this body shall be the same as that provided in the code of civil procedure for ordinary suits of lesser amount. it must render its decisions within the period established for this purpose for the supreme court of justice under law 9.594 of september 12,1936 and law 13.355 of august 17, 1965; and the state attorney of the contentious-administrative tribunal must act within the period established under the same law for the court prosecutor [fiscal de corte]. decisions of the tribunal shall be susceptible of amplification or clarification in accordance with the provisions of articles 486 and 487 of the code of civil procedure. the organs of ordinary justice shall transmit to the contentious-administrative tribunal an attested copy of the judgments issued with respect to suits for redress provided for in article 312. the representatives of the defendant party shall likewise transmit an attested copy of such judgments to the state attorney of the tribunal. an action for annulment must be entered, under penalty of forfeiture, within the periods heretofore established in laws in force up to the present time, in order to be heard by judicial authority. in those cases not expressly provided for, the period shall be sixty days counting from the day following personal notification of the definitive administrative act, or of its publication in the diario oficial or the expiration of the time limit in which the authority may act. the provisions of article 247 shall not be applicable to justices of the peace who are in office at the time of the present constitution is adopted, and they may be reelected more than once even if they fail to meet the qualifications stated in the final paragraph of that article. the option to which article 312 refers, may only be exercised with respect to administrative acts adopted after the entry into force of this reform. the civil and school retirement and pensions fund, the one for industry and commerce, and the one for rural workers and domestics and for old age pensions, shall be governed by the board of directors of the social welfare bank which shall consist of the following: four members appointed by the executive power, in the manner prescribed by article 187, one of whom shall be chairman; one elected by active members; one elected by retired members; one elected by contributing enterprises. until the elections are held for choosing the representatives of members as directors of the social welfare bank, the board shall consist of the members appointed by the executive power, and during this interval the vote of the president of the board shall be decisive in the event of a tie, even if this occurred because of his own vote. until a law is enacted providing of its composition, the national council of primary and normal education shall consist of five members, at least three of whom must be teachers with more than ten years experience, appointed by the executive power as provided for in article 187. the planning and budget commission shall consist of the ministers of finance; livestock and agriculture; industry and commerce; labor and social security; public works; public health; transportation, communications and tourism; and culture, or their representatives; and the director of the office, who shall be presiding officer. it shall be installed immediately with the duties, equipment, furniture, and personnel of the present commission for investments and economic development. the national council of supplies and price control, the board of directors of the national institute of low-cost housing [instituto nacional de viviendas económicas], the national commission of physical education, and the board of the official service of radio broadcasting, shall each consist of three members appointed by the executive power in council of ministers. all boards of directors and authorities whose composition is changed by these amendments shall continue to function until their successors are appointed or elected. the provision contained in article 77, section 9, that refers to the separation of ballots for the departmental governments, shall not apply in the election of november 27, 1966. within the period of one year the executive power shall submit to the legislative power the bill referred to in article 202. the members of the present council of government may be elected to the offices of president or vice president of the republic; and members of the present departmental councils may be elected to the office of intendant. the prohibitions set forth in article 201 shall not apply to the national election of 1966. the presidency of the general assembly shall immediately publish the new text of the constitution. this reform of article 67 shall enter into force on the 1st of may of 1990. on the occasion of the first adjustment to be made after this date, the same shall be made, as a minimum, as a function of the variation operating in the median index of salaries between the first of january of 1990 and the date of effectiveness of this adjustment. without prejudice to that established in articles 216 and 256 and in accordance with the constitution of the republic, any modification of the social security, social insurance, or social provision (art.67) that is contained in the budgetary laws or the rendering of accounts, from the 1st of october of 1992 is declared unconstitutional. the supreme court of justice, of office, or on the petition of any inhabitant of the republic, shall issue a decision [pronunciamiento] without further steps, indicating the norms to which this declaration shall be applied, which shall be communicated to the executive power and the legislative power. these norms cease to produce effect for all cases, and with retroactivity to their entry into force. the internal elections to select the sole presidential candidacy for the national elections to be held in 1999, as well as those which successively take place, and before the law foreseen in number 12) of article 77 is enacted, shall be carried out in accordance with the following principles: all those registered in the civil registry may vote. they shall be carried out simultaneously on the last sunday of april of the year in which national elections should be celebrated for all the political parties that concur with the latter. suffrage shall be secrete and not obligatory. in one act and through one voting paper a vote shall be cast: for the citizen to be nominated as the sole candidate of the party to the presidency of the republic; for the employment [nómina] of national and departmental conventions. to form both conventions proportional representation shall be applied and pre-candidates may not accumulate [votes] among themselves. the reference to conventions [also] includes the electoral college or deliberative organ with factional electoral functions determined by the organic act or equivalent statute of each political party. the pre-candidate that receives the most votes shall be directly nominated as the sole candidate to the presidency of the republic as long as he receives an absolute majority of the valid votes of his party. in addition, that pre-candidate that has more than forty percent of the valid votes of his party and that, also surpassed the second pre-candidate by no less than ten percent of the referred to votes, shall also be [nominated]. if none of the circumstances referred to in the preceding paragraph occur, the national electoral college, or the deliberative organ that takes its place, arising from said internal election, shall carry out the nomination of the candidate for the president through a public and registered [nominal] vote, by an absolute majority of its members. those persons who present themselves as a candidate for any office in internal elections, may only do so through a political party and are disqualified from presenting themselves as the candidate for any office for another party in the next national and departmental elections. said disqualification also reaches those who present themselves as candidates for any office before the partisan electoral organs. if the definitive vacancy of a presidential candidature occurs prior to the national election, it shall be occupied automatically by the candidate for vice president, unless [there is] a contrary resolution before the registry of the lists by the national electoral college or equivalent deliberative organ convoked expressly to such effect. while the law provided for in the penultimate paragraph of article 230 is not adopted, the sectoral commission shall be composed of the delegates of the competent ministries and by five delegates of the congress of intendants, who shall be installed within ninety days from the entry into force of this constitutional. while the laws foreseen in articles 262 and 287 are not prescribed the local authorities shall be governed by the following norms: they shall be named local boards, [and] shall have five members and, when they are elected, they shall be created through proportional representation, in which case the first officeholder from the list with the most votes of the most voted for party in the respective territorial district shall preside. there shall be local boards in all the communities in which they exist on the date in which the present constitution enters into effect, as well as in those which, from that date, the departmental board create, on proposal of the intendant. while the law provided for in article 271 is not adopted, the candidates of each party for municipal intendant shall be nominated by their deliberative departmental organ or by that [which], in agreement with their respective organic acts or statutes[,] substitutes for the electoral college. this organ shall be elected in the internal elections to which the transitory provision w) refers. the person who receives the most votes by the members of the electoral organ shall be nominated as candidate. in addition, [the candidate] may be the person who follows in number of votes as long as he receives more than thirty percent of the votes emitted. each member of the convention or members of the organ that substitutes for the electoral college may vote for one candidate. if a definitive vacancy in the candidacy for the municipal intendant occurs before the departmental election, it shall be filled automatically by his first alternate, unless [there is] a resolution to the contrary before the registry of the lists by the departmental electoral college or equivalent deliberative organ, convoked expressly to this effect. if [a definitive absence] of the first substitute occurs, the designation of a substitute shall correspond to the departmental electoral college or the equivalent deliberative organ. the current mandate of the municipal intendants, town councillors, and members of elective local boards, shall be extended, one sole time, until the assumption of the new authorities according to that provided in article 262 of this constitution. the reparation that shall correspond, by the entry into force of this reform, will not create indemnization for profits lost, reimbursing only non-amortized investments. preamble in the name of allah, the compassionate, the merciful we sent aforetime our apostles with clear signs, and sent down with them the book and the balance that men may uphold justice... (57:25) the constitution of the islamic republic of iran sets forth the cultural, social, political, and economic institutions of iranian society on the basis of islamic principles and norms, which represent the earnest aspiration of the islamic ummah. this basic aspiration was made explicit by the very nature of the great islamic revolution of iran, as well as the course of the muslim people's struggle, from its beginning until victory, as reflected in the decisive and forceful slogans raised by all segments of the populations. now, at the threshold of this great victory, our nation, with all its being, seeks its fulfilment. the basic characteristic of this revolution, which distinguishes it from other movements that have taken place in iran during the past hundred years, is its ideological and islamic nature. after experiencing the anti-despotic constitutional movement and the anticolonialist movement centred on the nationalization of the oil industry, the muslim people of iran learned from this costly experience that the obvious and fundamental reason for the failure of those movements was their lack of an ideological basis. although the islamic line of thought and the direction provided by militant religious leaders played an essential role in the recent movements, nonetheless, the struggles waged in the course of those movements quickly fell into stagnation due to departure from genuine islamic positions. thus it was that the awakened conscience of the nation, under the leadership of the eminent marji' al-taqlid, ayatullah al-'uzma imam khumaynî, came to perceive the necessity of pursuing an authentically islamic and ideological line in its struggles. and this time, the militant 'ulama' of the country, who had always been in the forefront of popular movements, together with the committed writers and intellectuals, found new impetus by following his leadership. (the beginning of the most recent movement of the iranian people is to be put at 1382 of the lunar islamic calendar, corresponding to 1341 of the solar islamic calendar [1962 of the christian calendar]). the dawn of the movement. the devastating protest of imam khumaynî against the american conspiracy known as the "white revolution", which was a step intended to stabilize the foundations of despotic rule and to reinforce the political, cultural, and economic dependence of iran on world imperialism, brought into being a united movement of the people and, immediately afterwards, a momentous revolution of the muslim nation in the month of khurdad, 1342 [june 1963]. although this revolution was drowned in blood, in reality it heralded the beginning of the blossoming of a glorious and massive uprising, which confirmed the central role of imam khumaynî as an islamic leader. despite his exile from iran after his protest against the humiliating law of capitulation (which provided legal immunity for american advisers), the firm bond between the imam and the people endured, and the muslim nation, particularly committed intellectuals and militant 'ulama', continued their struggle in the face of banishment and imprisonment, torture and execution. throughout this time, the conscious and responsible segment of society was bringing enlightenment to the people from the strongholds of the mosques, centres of religious teaching, and universities. drawing inspiration from the revolutionary and fertile teachings of islam, they began the unrelenting yet fruitful struggle of raising the level of ideological awareness and revolutionary consciousness of the muslim people. the despotic regime which had begun the suppression of the islamic movement with barbaric attacks on the faydiyyah madrasah, tehran university, and all other active centres of revolution, in an effort to evade the revolutionary anger of the people, resorted to the most savage and brutal measures. and in these circumstances, execution by firing squads, endurance of medieval tortures, and long terms of imprisonment were the price our muslim nation had to pay to prove its firm resolve to continue the struggle. the islamic revolution of iran was nurtured by the blood of hundreds of young men and women, infused with faith, who raised their cries of "allahu akbar" at daybreak in execution yards, or were gunned down by the enemy in streets and marketplaces. meanwhile, the continuing declarations and messages of the imam that were issued on various occasions, extended and deepened the consciousness and determination of the muslim nation to the utmost. islamic government. the plan of the islamic government based upon wilayat al-faqih, as proposed by imam khumaynî at the height of the period of repression and strangulation practised by the despotic regime, produced a new specific, and streamlined motive for the muslim people, opening up before them the true path of islamic ideological struggle, and giving greater intensity to the struggle of militant and committed muslims both within the country and abroad. the movement continued on this course until finally popular dissatisfaction and intense rage of the public caused by the constantly increasing repression at home, and the projection of the struggle at the international level after exposure of the regime by the 'ulama' and militant students, shook the foundations of the regime violently. the regime and its sponsors were compelled to decrease the intensity of repression and to "liberalize" the political atmosphere of the country. this, they imagined, will serve as a safety valve, which would prevent their eventual downfall. but the people, aroused, conscious, and resolute under the decisive and unfaltering leadership of the imam, embarked on a triumphant, unified, comprehensive, and countrywide uprising. the wrath of the people. the publication of an outrageous article meant to malign the revered 'ulama' and in particular imam khumaynî on 15 day, 1356 [january 7, 1978] by the ruling regime accelerated the revolutionary movement and caused an outburst of popular outrage across the country. the regime attempted to quell the volcano of the people's anger by drowning the protest and uprising in blood, but the bloodshed only quickened the pulse rate of the revolution. the seventh-day and fortieth-day commemorations of the martyrs of the revolution, like a series of steady heartbeats, gave greater vitality, intensity, vigour, and solidarity to this movement all over the country. in the course of this popular movement, the employees of all government establishments took an active part in the effort to overthrow the tyrannical regime by calling a general strike and participating in street demonstrations. the widespread solidarity of men and women of all segments of society and of all political and religious factions, played a clearly determining role in the struggle. especially the women were actively and massively present in a most conspicuous manner at all stages of this great struggle. the common sight of mothers with infants in their arms rushing towards the scene of battle and in front of the barrels of machine-guns indicated the essential and decisive role played by this major segment of society in the struggle. the price the nation paid. after slightly more than a year of continuous and unrelenting struggle, the sapling of the revolution, watered by the blood of more than 60,000 martyrs and 100,000 wounded and disabled, not to mention billions of tumans' worth of property damage, came to bear fruit amidst the cries of "independence! freedom! islamic government!" this great movement, which attained victory through reliance upon faith, unity, and the decisiveness of its leadership at every critical and sensitive juncture, as well as the self-sacrificing spirit of the people, succeeded in upsetting all the calculations of imperialism and destroying all its connections and institutions, thereby opening a new chapter in the history of all embracing popular revolutions of the world. bahman 21 and 22, 1357 [february 12 and 13, 1979] witnessed the collapse of the monarchical regime; domestic tyranny and foreign domination, both of which were based upon it, were shattered. this great success proved to be the vanguard of islamic government--a long-cherished desire of the muslim people--and brought with it the glad tidings of final victory. unanimously, and with the participation of the maraji' al-taqlid, the 'ulama' of islam, and the leadership, the iranian people declared their final and firm decision, in the referendum on the islamic republic, to bring about a new political system, that of the islamic republic. a 98.2% majority of the people voted for this system. the constitution of the islamic republic of iran, setting forth as it does the political, social, cultural, and economic institutions and their relations that are to exist in society, must now provide for the consolidation of the foundations of islamic government, and propose the plan of a new system of government to be erected on the ruins of the previous taghuti order. the form of government in islam. in the view of islam, government does not derive from the interests of a class, nor does it serve the domination of an individual or a group. it represents rather the crystallization of the political ideal of a people who bear a common faith and common outlook, taking an organized form in order to initiate the process of intellectual and ideological evolution towards the final goal, i.e., movement towards allah. our nation, in the course of its revolutionary developments, has cleansed itself of the dust and impurities that accumulated during the taghuti past and purged itself of foreign ideological influences, returning to authentic intellectual standpoints and world-view of islam. it now intends to establish an ideal and model society on the basis of islamic norms. the mission of the constitution is to realize the ideological objectives of the movement and to create conditions conducive to the development of man in accordance with the noble and universal values of islam. with due attention to the islamic content of the iranian revolution, which has been a movement aimed at the triumph of all the mustad'afun over the mustakbirun, the constitution provides the necessary basis for ensuring the continuation of the revolution at home and abroad. in particular, in the development of international relations, the constitution will strive with other islamic and popular movements to prepare the way for the formation of a single world community (in accordance with the qur'anic verse "this your community is a single community, and i am your lord, so worship me" [21:92]), and to assure the continuation of the struggle for the liberation of all deprived and oppressed peoples in the world. with due attention to the essential character of this great movement, the constitution guarantees the rejection of all forms of intellectual and social tyranny and economic monopoly, and aims at entrusting the destinies of the people to the people themselves in order to break completely with the system of oppression. (this is in accordance with the qur'anic verse "he removes from them their burdens and the fetters that were upon them" [7:157]). in creating, on the basis of ideological outlook, the political infrastructures and institutions that are the foundation of society, the righteous will assume the responsibility of governing and administering the country (in accordance with the qur'anic verse "verily my righteous servants shall inherit the earth" [21:105]). legislation setting forth regulations for the administration of society will revolve around the qur'an and the sunnah. accordingly, the exercise of meticulous and earnest supervision by just, pious, and committed scholars of islam (al-fuqaha' al-'udul) is an absolute necessity. in addition, the aim of government is to foster the growth of man in such a way that he progresses towards the establishment of a divine order (in accordance with the qur'anic phrase "and toward god is the journeying" [3:28]); and to create favourable conditions for the emergence and blossoming of man's innate capacities, so that the theomorphic dimensions of the human being are manifested (in accordance with the injunction of the prophet (s), "mould yourselves according to the divine morality"); this goal cannot be attained without the active and broad participation of all segments of society in the process of social development. with due attention to this goal, the constitution provides the basis of such participation by all members of society at all stages of the political decision-making process on which the destiny of the country depends. in this way, during the course of human development towards perfection, each individual will himself be involved in, and responsible for the growth, advancement, and leadership of society. precisely in this lies the realization of the government of the mustad'afun upon the earth (in accordance with the qur'anic verse "and we wish to show favour to those who have been oppressed upon earth, and to make them leaders and the inheritors" [28:5]). the wilayah of the just faqih. in keeping with the principles of governance [wilayat al-'amr] and the perpetual necessity of leadership [imamah], the constitution provides for the establishment of leadership by a faqih possessing the necessary qualifications [jami' al-shara'it.] and recognized as leader by the people (this is in accordance with the hadith "the direction of [public] affairs is in the hands of those who are learned concerning god and are trustworthy in matters pertaining to what he permits and forbids" [tuhaf al-'uqul, p. 176]). such leadership will prevent any deviation by the various organs of state from their essential islamic duties. the economy is a means not an end. in strengthening the foundations of the economy, the fundamental consideration will be fulfillment of the material needs of man in the course of his overall growth and development. this principle contrasts with other economic systems, where the aim is concentration and accumulation of wealth and maximization of profit. in materialist schools of thought, the economy represents an end in itself, so that it comes to be a subversive and corrupting factor in the course of man's development. in islam, the economy is a means, and all that is required of a means is that it should be an efficient factor contributing to the attainment of the ultimate goal. from this viewpoint, the economic programme of islam consists of providing the means needed for the emergence of the various creative capacities of the human being. accordingly, it is the duty of the islamic government to furnish all citizens with equal and appropriate opportunities, to provide them with work, and to satisfy their essential needs, so that the course of their progress may be assured. woman in the constitution. through the creation of islamic social infrastructures, all the elements of humanity that hitherto served the multifaceted foreign exploitation shall regain their true identity and human rights. as a part of this process, it is only natural that women should benefit from a particularly large augmentation of their rights, because of the greater oppression that they suffered under the taghuti regime. the family is the fundamental unit of society and the main centre for the growth and edification of human being. compatibility with respect to belief and ideal, which provides the primary basis for man's development and growth, is the main consideration in the establishment of a family. it is the duty of the islamic government to provide the necessary facilities for the attainment of this goal. this view of the family unit delivers woman from being regarded as an object or as an instrument in the service of promoting consumerism and exploitation. not only does woman recover thereby her momentous and precious function of motherhood, rearing of ideologically committed human beings, she also assumes a pioneering social role and becomes the fellow struggler of man in all vital areas of life. given the weighty responsibilities that woman thus assumes, she is accorded in islam great value and nobility. an ideological army. in the formation and equipping of the country's defence forces, due attention must be paid to faith and ideology as the basic criteria. accordingly, the army of the islamic republic of iran and the islamic revolutionary guards corps are to be organized in conformity with this goal, and they will be responsible not only for guarding and preserving the frontiers of the country, but also for fulfilling the ideological mission of jihad in god's way; that is, extending the sovereignty of god's law throughout the world (this is in accordance with the qur'anic verse "prepare against them whatever force you are able to muster, and strings of horses, striking fear into the enemy of god and your enemy, and others besides them" [8:60]). the judiciary in the constitution. the judiciary is of vital importance in the context of safeguarding the rights of the people in accordance with the line followed by the islamic movement, and the prevention of deviations within the islamic nation. provision has therefore been made for the creation of a judicial system based on islamic justice and operated by just judges with meticulous knowledge of the islamic laws. this system, because of its essentially sensitive nature and the need for full ideological conformity, must be free from every kind of unhealthy relation and connection (this is in accordance with the qur'anic verse "when you judge among the people, judge with justice" [4:58]). executive power. considering the particular importance of the executive power in implementing the laws and ordinances of islam for the sake of establishing the rule of just relations over society, and considering, too, its vital role in paving the way for the attainment of the ultimate goal of life, the executive power must work toward the creation of an islamic society. consequently, the confinement of the executive power within any kind of complex and inhibiting system that delays or impedes the attainment of this goal is rejected by islam. therefore, the system of bureaucracy, the result and product of taghuti forms of government, will be firmly cast away, so that an executive system that functions efficiently and swiftly in the fulfilment of its administrative commitments comes into existence. masscommunication media. the mass-communication media, radio and television, must serve the diffusion of islamic culture in pursuit of the evolutionary course of the islamic revolution. to this end, the media should be used as a forum for healthy encounter of different ideas, but they must strictly refrain from diffusion and propagation of destructive and anti-islamic practices. it is incumbent on all to adhere to the principles of this constitution, for it regards as its highest aim the freedom and dignity of the human race and provides for the growth and development of the human being. it is also necessary that the muslim people should participate actively in the construction of islamic society by selecting competent and believing [mu'min] officials and keeping close and constant watch on their performance. they may then hope for success in building an ideal islamic society that can be a model for all people of the world and a witness to its perfection (in accordance with the qur'anic verse "thus we made you a median community, that you might be witnesses to men" [2:143]). representatives. the assembly of experts, composed of representatives of the people, completed its task of framing the constitution, on the basis of the draft proposed by the government as well as all the proposals received from different groups of the people, in one hundred and seventy-five articles arranged in twelve chapters, on the eve of the fifteenth century after the migration of the holy prophet (peace and blessings be upon him and his family), the founder of the redeeming school of islam, and in accordance with the aims and aspirations set out above, with the hope that this century will witness the establishment of a universal government of the mustad'afun and the downfall of all the mustakbirun. chapter i. general principles article 1 the form of government of iran is that of an islamic republic, endorsed by the people of iran on the basis of their longstanding belief in the sovereignty of truth and qur'anic justice, in the referendum of farwardîn 9 and 10 in the year 1358 of the solar islamic calendar, corresponding to jamadial-'awwal 1 and 2 in the year 1399 of the lunar islamic calendar [march 29 and 30, 1979], through the affirmative vote of a majority of 98.2% of eligible voters, held after the victorious islamic revolution led by the eminent marji' altaqlid, ayatullah al-'uzma imam khumayni. article 2 the islamic republic is a system based on belief in: the one god (as stated in the phrase "there is no god except allah"), his exclusive sovereignty and the right to legislate, and the necessity of submission to his commands; divine revelation and its fundamental role in setting forth the laws; the return to god in the hereafter, and the constructive role of this belief in the course of man's ascent towards god; the justice of god in creation and legislation; continuous leadership (imamah) and perpetual guidance, and its fundamental role in ensuring the uninterrupted process of the revolution of islam; the exalted dignity and value of man, and his freedom coupled with responsibility before god; in which equity, justice, political, economic, social, and cultural independence, and national solidarity are secured by recourse to: continuous ijtihad of the fuqaha' possessing necessary qualifications, exercised on the basis of the qur'an and the sunnah of the ma'sumun, upon all of whom be peace; sciences and arts and the most advanced results of human experience, together with the effort to advance them further; negation of all forms of oppression, both the infliction of and the submission to it, and of dominance, both its imposition and its acceptance. article 3 in order to attain the objectives specified in article 2, the government of the islamic republic of iran has the duty of directing all its resources to the following goals: the creation of a favourable environment for the growth of moral virtues based on faith and piety and the struggle against all forms of vice and corruption; raising the level of public awareness in all areas, through the proper use of the press, mass media, and other means; free education and physical training for everyone at all levels, and the facilitation and expansion of higher education; strengthening the spirit of inquiry, investigation, and innovation in all areas of science, technology, and culture, as well as islamic studies, by establishing research centres and encouraging researchers; the complete elimination of imperialism and the prevention of foreign influence; the elimination of all forms of despotism and autocracy and all attempts to monopolize power; ensuring political and social freedoms within the framework of the law; the participation of the entire people in determining their political, economic, social, and cultural destiny; the abolition of all forms of undesirable discrimination and the provision of equitable opportunities for all, in both the material and intellectual spheres; the creation of a correct administrative system and elimination of superfluous government organizations; all round strengthening of the foundations of national defence to the utmost degree by means of universal military training for the sake of safeguarding the independence, territorial integrity, and the islamic order of the country; the planning of a correct and just economic system, in accordance with islamic criteria, in order to create welfare, eliminate poverty, and abolish all forms of deprivation with respect to food, housing, work, health care, and the provision of social insurance for all; the attainment of self-sufficiency in scientific, technological, industrial, agricultural, and military domains, and other similar spheres; securing the multifarious rights of all citizens, both women and men, and providing legal protection for all, as well as the equality of all before the law; the expansion and strengthening of islamic brotherhood and public cooperation among all the people; framing the foreign policy of the country on the basis of islamic criteria, fraternal commitment to all muslims, and unsparing support to the mustad'afun of the world. article 4 all civil, penal, financial, economic, administrative, cultural, military, political, and other laws and regulations must be based on islamic criteria. this principle applies absolutely and generally to all articles of the constitution as well as to all other laws and regulations, and the fuqaha' of the guardian council are judges in this matter. article 5 during the occultation of the walial-'asr (may god hasten his reappearance), the wilayah and leadership of the ummah devolve upon the just ['adil] and pious [muttaqi] faqih, who is fully aware of the circumstances of his age; courageous, resourceful, and possessed of administrative ability, will assume the responsibilities of this office in accordance with article 107. article 6 in the islamic republic of iran, the affairs of the country must be administered on the basis of public opinion expressed by the means of elections, including the election of the president, the representatives of the islamic consultative assembly, and the members of councils, or by means of referenda in matters specified in other articles of this constitution. article 7 in accordance with the command of the qur'an contained in the verse ('their affairs are by consultations among them" [42:38]) and ("consult them in affairs" [3:159]), consultative bodies--such as the islamic consultative assembly, the provincial councils, and the city, region, district, and village councils and the likes of the--are the decision-making and administrative organs of the country. the nature of each of these councils, together with the manner of their formation, their jurisdiction, and scope of their duties and functions, is determined by the constitution and laws derived from it. article 8 in the islamic republic of iran, al-'amr bilma'ruf wa al-nahy 'an al-munkar is a universal and reciprocal duty that must be fulfilled by the people with respect to one another, by the government with respect to the people, and by the people with respect to the government. the conditions, limits, and nature of this duty will be specified by law. (this is in accordance with the qur'anic verse: "the believers, men and women, are guardians of one another, they enjoin the good and forbid the evil" [9:71]). article 9 in the islamic republic of iran, the freedom, independence, unity, and territorial integrity of the country are inseparable from one another, and their preservation is the duty of the government and all individual citizens. no individual, group, or authority, has the right to infringe in the slightest way upon the political, cultural, economic, and military independence or the territorial integrity of iran under the pretext of exercising freedom. similarly, no authority has the right to abrogate legitimate freedoms, not even by enacting laws and regulations for that purpose, under the pretext of preserving the independence and territorial integrity of the country. article 10 since the family is the fundamental unit of islamic society, all laws, regulations, and pertinent programmes must tend to facilitate the formation of a family, and to safeguard its sanctity and the stability of family relations on the basis of the law and the ethics of islam. article 11 in accordance with the sacred verse of the qur'an ("this your community is a single community, and i am your lord, so worship me" [21:92]), all muslims form a single nation, and the government of the islamic republic of iran has the duty of formulating its general policies with a view to cultivating the friendship and unity of all muslim peoples, and it must constantly strive to bring about the political, economic, and cultural unity of the islamic world. article 12 the official religion of iran is islam and the twelver ja'farî school [in usul al-dîn and fiqh], and this principle will remain eternally immutable. other islamic schools, including the hanafî, shafi'î, malikî, hanbalî, and zaydî, are to be accorded full respect, and their followers are free to act in accordance with their own jurisprudence in performing their religious rites. these schools enjoy official status in matters pertaining to religious education, affairs of personal status (marriage, divorce, inheritance, and wills) and related litigation in courts of law. in regions of the country where muslims following any one of these schools of fiqh constitute the majority, local regulations, within the bounds of the jurisdiction of local councils, are to be in accordance with the respective school of fiqh, without infringing upon the rights of the followers of other schools. article 13 zoroastrian, jewish, and christian iranians are the only recognized religious minorities, who, within the limits of the law, are free to perform their religious rites and ceremonies, and to act according to their own canon in matters of personal affairs and religious education. article 14 in accordance with the sacred verse ("god does not forbid you to deal kindly and justly with those who have not fought against you because of your religion and who have not expelled you from your homes" [60:8]), the government of the islamic republic of iran and all muslims are duty-bound to treat non-muslims in conformity with ethical norms and the principles of islamic justice and equity, and to respect their human rights. this principle applies to all who refrain from engaging in conspiracy or activity against islam and the islamic republic of iran. chapter ii. the official language, script, calendar, and flag of the country article 15 the official language and script of iran, the lingua franca of its people, is persian. official documents, correspondence, and texts, as well as text-books, must be in this language and script. however, the use of regional and tribal languages in the press and mass media, as well as for teaching of their literature in schools, is allowed in addition to persian. article 16 since the language of the qur'an and islamic texts and teachings is arabic, and since persian literature is thoroughly permeated by this language, it must be taught after elementary level, in all classes of secondary school and in all areas of study. article 17 the official calendar of the country takes as its point of departure the migration of the prophet of islam god's peace and blessings upon him and his family. both the solar and lunar islamic calendars are recognized, but government offices will function according to the solar calendar. the official weekly holiday is friday. article 18 the official flag of iran is composed of green, white and red colours with the special emblem of the islamic republic, together with the motto (allahu akbar). chapter iii. the rights of the people article 19 all people of iran, whatever the ethnic group or tribe to which they belong, enjoy equal rights; and colour, race, language, and the like, do not bestow any privilege. article 20 all citizens of the country, both men and women, equally enjoy the protection of the law and enjoy all human, political, economic, social, and cultural rights, in conformity with islamic criteria. article 21 the government must ensure the rights of women in all respects, in conformity with islamic criteria, and accomplish the following goals: create a favourable environment for the growth of woman's personality and the restoration of her rights, both the material and intellectual; the protection of mothers, particularly during pregnancy and childrearing, and the protection of children without guardians; establishing competent courts to protect and preserve the family; the provision of special insurance for widows, and aged women and women without support; the awarding of guardianship of children to worthy mothers, in order to protect the interests of the children, in the absence of a legal guardian. article 22 the dignity, life, property, rights, residence, and occupation of the individual are inviolate, except in cases sanctioned by law. article 23 the investigation of individuals' beliefs is forbidden, and no one may be molested or taken to task simply for holding a certain belief. article 24 publications and the press have freedom of expression except when it is detrimental to the fundamental principles of islam or the rights of the public. the details of this exception will be specified by law. article 25 the inspection of letters and the failure to deliver them, the recording and disclosure of telephone conversations, the disclosure of telegraphic and telex communications, censorship, or the wilful failure to transmit them, eaves-dropping, and all forms of covert investigation are forbidden, except as provided by law. article 26 the formation of parties, societies, political or professional associations, as well as religious societies, whether islamic or pertaining to one of the recognized religious minorities, is permitted provided they do not violate the principles of independence, freedom, national unity, the criteria of islam, or the basis of the islamic republic. no one may be prevented from participating in the aforementioned groups, or be compelled to participate in them. article 27 public gatherings and marches may be freely held, provided arms are not carried and that they are not detrimental to the fundamental principles of islam. article 28 everyone has the right to choose any occupation he wishes, if it is not contrary to islam and the public interests, and does not infringe the rights of others. the government has the duty, with due consideration of the need of society for different kinds of work, to provide every citizen with the opportunity to work, and to create equal conditions for obtaining it. article 29 to benefit from social security with respect to retirement, unemployment, old age, disability, absence of a guardian, and benefits relating to being stranded, accidents, health services, and medical care and treatment, provided through insurance or other means, is accepted as a universal right. the government must provide the foregoing services and financial support for every individual citizen by drawing, in accordance with the law, on the national revenues and funds obtained through public contributions. article 30 the government must provide all citizens with free education up to secondary school, and must expand free higher education to the extent required by the country for attaining self-sufficiency. article 31 it is the right of every iranian individual and family to possess housing commensurate with his needs. the government must make land available for the implementation of this article, according priority to those whose need is greatest, in particular the rural population and the workers. article 32 no one may be arrested except by the order and in accordance with the procedure laid down by law. in case of arrest, charges with the reasons for accusation must, without delay, be communicated and explained to the accused in writing, and a provisional dossier must be forwarded to the competent judicial authorities within a maximum of twenty-four hours so that the preliminaries to the trial can be completed as swiftly as possible. the violation of this article will be liable to punishment in accordance with the law. article 33 no one can be banished from his place of residence, prevented from residing in the place of his choice, or compelled to reside in a given locality, except in cases provided by law. article 34 it is the indisputable right of every citizen to seek justice by recourse to competent courts. all citizens have right of access to such courts, and no one can be barred from courts to which he has a legal right of recourse. article 35 both parties to a lawsuit have the right in all courts of law to select an attorney, and if they are unable to do so, arrangements must be made to provide them with legal counsel. article 36 the passing and execution of a sentence must be only by a competent court and in accordance with law. article 37 innocence is to be presumed, and no one is to be held guilty of a charge unless his or her guilt has been established by a competent court. article 38 all forms of torture for the purpose of extracting confession or acquiring information are forbidden. compulsion of individuals to testify, confess, or take an oath is not permissible; and any testimony, confession, or oath obtained under duress is devoid of value and credence. violation of this article is liable to punishment in accordance with the law. article 39 all affronts to the dignity and repute of persons arrested, detained, imprisoned, or banished in accordance with the law, whatever form they may take, are forbidden and liable to punishment. article 40 no one is entitled to exercise his rights in a way injurious to others or detrimental to public interests. article 41 iranian citizenship is the indisputable right of every iranian, and the government cannot withdraw citizenship from any iranian unless he himself requests it or acquires the citizenship of another country. article 42 foreign nationals may acquire iranian citizenship within the framework of the laws. citizenship may be withdrawn from such persons if another state accepts them as its citizens or if they request it. chapter iv. economy and financial affairs article 43 the economy of the islamic republic of iran, with its objectives of achieving the economic independence of the society, uprooting poverty and deprivation, and fulfilling human needs in the process of development while preserving human liberty, is based on the following criteria: the provision of basic necessities for all citizens: housing, food, clothing, hygiene, medical treatment, education, and the necessary facilities for the establishment of a family; ensuring conditions and opportunities of employment for everyone, with a view to attaining full employment; placing the means of work at the disposal of everyone who is able to work but lacks the means, in the form of cooperatives, through granting interest free loans or recourse to any other legitimate means that neither results in the concentration or circulation of wealth in the hands of a few individuals or groups, nor turns the government into a major absolute employer. these steps must be taken with due regard for the requirements governing the general economic planning of the country at each stage of its growth; the plan for the national economy, must be structured in such a manner that the form, content, and hours of work of every individual will allow him sufficient leisure and energy to engage, beyond his professional endeavour, in intellectual, political, and social activities leading to all-round development of his self, to take active part in leading the affairs of the country, improve his skills, and to make full use of his creativity; respect for the right to choose freely one's occupation; refraining from compelling anyone to engage in a particular job; and preventing the exploitation of another's labour; the prohibition of infliction of harm and loss upon others, monopoly, hoarding, usury, and other illegitimate and evil practices; the prohibition of extravagance and wastefulness in all matters related to the economy, including consumption, investment, production, distribution, and services; the utilization of science and technology, and the training of skilled personnel in accordance with the developmental needs of the country's economy; prevention of foreign economic domination over the country's economy; emphasis on increase of agricultural, livestock, and industrial production in order to satisfy public needs and to make the country self-sufficient and free from dependence. article 44 the economy of the islamic republic of iran is to consist of three sectors: state, cooperative, and private, and is to be based on systematic and sound planning. the state sector is to include all large-scale and mother industries, foreign trade, major minerals, banking, insurance, power generation, dams and large-scale irrigation networks, radio and television, post, telegraph and telephone services, aviation, shipping, roads, railroads and the like; all these will be publicly owned and administered by the state. the cooperative sector is to include cooperative companies and enterprises concerned with production and distribution, in urban and rural areas, in accordance with islamic criteria. the private sector consists of those activities concerned with agriculture, animal husbandry, industry, trade, and services that supplement the economic activities of the state and cooperative sectors. ownership in each of these three sectors is protected by the laws of the islamic republic, in so far as this ownership is in conformity with the other articles of this chapter, does not go beyond the bounds of islamic law, contributes to the economic growth and progress of the country, and does not harm society. the [precise] scope of each of these sectors, as well as the regulations and conditions governing their operation, will be specified by law. article 45 public wealth and property, such as uncultivated or abandoned land, mineral deposits, seas, lakes, rivers and other public water-ways, mountains, valleys, forests, marshland, natural forests, unenclosed pastureland, legacies without heirs, property of undetermined ownership, and public property recovered from usurpers, shall be at the disposal of the islamic government for it to utilize in accordance with the public interest. law will specify detailed procedures for the utilization of each of the foregoing items. article 46 everyone is the owner of the fruits of his legitimate business and labour, and no one may deprive another of the opportunity of business and work under the pretext of his right to ownership. article 47 private ownership, legitimately acquired, is to be respected. the relevant criteria are determined by law. article 48 there must be no discrimination among the various provinces with regard to the exploitation of natural resources, utilization of public revenues, and distribution of economic activities among the various provinces and regions of the country, thereby ensuring that every region has access to the necessary capital and facilities in accordance with its needs and capacity for growth. article 49 the government has the responsibility of confiscating all wealth accumulated through usury, usurpation, bribery, embezzlement, theft, gambling, misuse of endowments, misuse of government contracts and transactions, the sale of uncultivated lands and other resources subject to public ownership, the operation of centres of corruption, and other illicit means and sources, and restoring it to its legitimate owner; and if no such owner can be identified, it must be entrusted to the public treasury. this rule must be executed by the government with due care, after investigation and furnishing necessary evidence in accordance with the law of islam. article 50 the preservation of the environment, in which the present as well as the future generations have a right to flourishing social existence, is regarded as a public duty in the islamic republic. economic and other activities that inevitably involve pollution of the environment or cause irreparable damage to it are therefore forbidden. article 51 no form of taxation may be imposed except in accordance with the law. provisions for tax exemption and reduction will be determined by law. article 52 the annual budget of the country will be drawn up by the government, in the manner specified by law, and submitted to the islamic consultative assembly for discussion and approval. any change in the figures contained in the budget will be in accordance with the procedures prescribed by law. article 53 all sums collected by the government will be deposited into the government accounts at the central treasury, and all disbursements, within the limits of allocations approved, shall be made in accordance with law. article 54 the national accounting agency is to be directly under the supervision of the islamic consultative assembly. its organization and mode of operation in tehran and at the provincial capitals, are to be determined by law. article 55 the national accounting agency will inspect and audit, in the manner prescribed by law, all the accounts of ministries, government institutions and companies as well as other organizations that draw, in any way, on the general budget of the country, to ensure that no expenditure exceeds the allocations approved and that all sums are spent for the specified purpose. it will collect all relevant accounts, documents, and records, in accordance with law, and submit to the islamic consultative assembly a report for the settlement of each year's budget together with its own comments. this report must be made available to the public. chapter v. the right of national sovereignty and the powers deriving therefrom article 56 absolute sovereignty over the world and man belongs to god, and it is he who has made man master of his own social destiny. no one can deprive man of this divine right, nor subordinate it to the vested interests of a particular individual or group. the people are to exercise this divine right in the manner specified in the following articles. article 57 the powers of government in the islamic republic are vested in the legislature, the judiciary, and the executive powers, functioning under the supervision of the absolute wilayat al-'amr and the leadership of the ummah, in accordance with the forthcoming articles of this constitution. these powers are independent of each other. article 58 the functions of the legislature are to be exercised through the islamic consultative assembly, consisting of the elected representatives of the people. legislation approved by this body, after going through the stages specified in the articles below, is communicated to the executive and the judiciary for implementation. article 59 in extremely important economic, political, social, and cultural matters, the functions of the legislature may be exercised through direct recourse to popular vote through a referendum. any request for such direct recourse to public opinion must be approved by two-thirds of the members of the islamic consultative assembly. article 60 the functions of the executive, except in the matters that are directly placed under the jurisdiction of the leadership by the constitution, are to be exercised by the president and the ministers. article 61 the functions of the judiciary are to be performed by courts of justice, which are to be formed in accordance with the criteria of islam, and are vested with the authority to examine and settle lawsuits, protect the rights of the public, dispense and enact justice, and implement the divine limits [al-hudud al-'ilahiyyah]. chapter vi. the legislative power section 1. the islamic consultative assembly article 62 the islamic consultative assembly is constituted by the representatives of the people elected directly and by secret ballot. the qualifications of voters and candidates, as well as the nature of election, will be specified by law. article 63 the term of membership in the islamic consultative assembly is four years. elections for each term must take place before the end of the preceding term, so that the country is never without an assembly. article 64 there are to be two hundred seventy members of the islamic consultative assembly which, keeping in view the human, political, geographic and other similar factors, may increase by not more than twenty for each ten-year period from the date of the national referendum of the year 1368 of the solar islamic calendar. the zoroastrians and jews will each elect one representative; assyrian and chaldean christians will jointly elect one representative; and armenian christians in the north and those in the south of the country will each elect one representative. the limits of the election constituencies and the number of representatives will be determined by law. article 65 after the holding of elections, sessions of the islamic consultative assembly are considered legally valid when two-thirds of the total number of members are present. drafts and bills will be approved in accordance with the code of procedure approved by it, except in cases where the constitution has specified a certain quorum. the consent of two-thirds of all members present is necessary for the approval of the code of procedure of the assembly. article 66 the manner of election of the speaker and the presiding board of the assembly, the number of committees and their term of office, and matters related to conducting the discussions and maintaining the discipline of the assembly will be determined by the code of procedure of the assembly. article 67 members of the assembly must take the following oath at the first session of the assembly and affix their signatures to its text: in the name of god, the compassionate, the merciful. in the presence of the glorious qur'an, i swear by god, the exalted and almighty, and undertake, swearing by my own honour as a human being, to protect the sanctity of islam and guard the accomplishments of the islamic revolution of the iranian people and the foundations of the islamic republic; to protect, as a just trustee, the honour bestowed upon me by the people, to observe piety in fulfilling my duties as people's representative; to remain always committed to the independence and honour of the country; to fulfil my duties towards the nation and the service of the people; to defend the constitution; and to bear in mind, both in speech and writing and in the expression of my views, the independence of the country, the freedom of the people, and the security of their interests. members belonging to the religious minorities will swear by their own sacred books while taking this oath. members not attending the first session will perform the ceremony of taking the oath at the first session they attend. article 68 in time of war and the military occupation of the country, elections due to be held in occupied areas or countrywide may be delayed for a specified period if proposed by the president of the republic, and approved by three-fourths of the total members of the islamic consultative assembly, with the endorsement of the guardian council. if a new assembly is not formed, the previous one will continue to function. article 69 the deliberations of the islamic consultative assembly must be open, and full minutes of them made available to the public by the radio and the official gazette. a closed session may be held in emergency conditions, if it is required for national security, upon the requisition of the president, one of the ministers, or ten members of the assembly. legislation passed at a closed session is valid only when approved by three-fourths of the members in the presence of the guardian council. after emergency conditions have ceased to exist, the minutes of such closed sessions, together with any legislation approved in them, must be made available to the public. article 70 the president, his deputies and the ministers have the right to participate in the open sessions of the assembly either collectively or individually. they may also have their advisers accompany them. if the members of the assembly deem it necessary, the ministers are obliged to attend. [conversely], whenever they request it, their statements are to be heard. section 2. powers and authority of the islamic consultative assembly article 71 the islamic consultative assembly can establish laws on all matters, within the limits of its competence as laid down in the constitution. article 72 the islamic consultative assembly cannot enact laws contrary to the usul and ahkam of the official religion of the country or to the constitution. it is the duty of the guardian council to determine whether a violation has occurred, in accordance with article 96. article 73 the interpretation of ordinary laws falls within the competence of the islamic consultative assembly. the intent of this article does not prevent the interpretations that judges may make in the course of cassation. article 74 government bills are presented to the islamic consultative assembly after receiving the approval of the council of ministers. members' bills may be introduced in the islamic consultative assembly if sponsored by at least fifteen members. article 75 members' bills and proposals and amendments to government bills proposed by members that entail the reduction of the public income or the increase of public expenditure may be introduced in the assembly only if means for compensating for the decrease in income or for meeting the new expenditure are also specified. article 76 the islamic consultative assembly has the right to investigate and examine all the affairs of the country. article 77 international treaties, protocols, contracts, and agreements must be approved by the islamic consultative assembly. article 78 all changes in the boundaries of the country are forbidden, with the exception of minor amendments in keeping with the interests of the country, on condition that they are not unilateral, do not encroach on the independence and territorial integrity of the country, and receive the approval of four-fifths of the total members of the islamic consultative assembly. article 79 the proclamation of martial law is forbidden. in case of war or emergency conditions akin to war, the government has the right to impose temporarily certain necessary restrictions, with the agreement of the islamic consultative assembly. in no case can such restrictions last for more than thirty days; if the need for them persists beyond this limit, the government must obtain new authorization for them from the assembly. article 80 the taking and giving of loans or grants-in-aid, domestic and foreign, by the government, must be approved by the islamic consultative assembly. article 81 the granting of concessions to foreigners for the formation of companies or institutions dealing with commerce, industry, agriculture, services or mineral extraction, is absolutely forbidden. article 82 the employment of foreign experts is forbidden, except in cases of necessity and with the approval of the islamic consultative assembly. article 83 government buildings and properties forming part of the national heritage cannot be transferred except with the approval of the islamic consultative assembly; that, too, is not applicable in the case of irreplaceable treasures. article 84 every representative is responsible to the entire nation and has the right to express his views on all internal and external affairs of the country. article 85 the right of membership is vested with the individual, and is not transferable to others. the assembly cannot delegate the power of legislation to an individual or committee. but whenever necessary, it can delegate the power of legislating certain laws to its own committees, in accordance with article 72. in such a case, the laws will be implemented on a tentative basis for a period specified by the assembly, and their final approval will rest with the assembly. likewise, the assembly may, in accordance with article 72, delegate to the relevant committees the responsibility for permanent approval of articles of association of organizations, companies, government institutions, or organizations affiliated to the government and or invest the authority in the government. in such a case, the government approvals must not be inconsistent with the principles and commandments of the official religion in the country and or the constitution which question shall be determined by the guardian council in accordance with what is stated in article 96. in addition to this, the government approvals shall not be against the laws and other general rules of the country and, while calling for implementation, the same shall be brought to the knowledge of the speaker of the islamic consultative assembly for his study and indication that the approvals in question are not inconsistent with the aforesaid rules. article 86 members of the assembly are completely free in expressing their views and casting their votes in the course of performing their duties as representatives, and they cannot be prosecuted or arrested for opinions expressed in the assembly or votes cast in the course of performing their duties as representatives. article 87 the president must obtain, for the council of ministers, after being formed and before all other business, a vote of confidence from the assembly. during his incumbency, he can also seek a vote of confidence for the council of ministers from the assembly on important and controversial issues. article 88 whenever at least one-fourth of the total members of the islamic consultative assembly pose a question to the president, or any one member of the assembly poses a question to a minister on a subject relating to their duties, the president or the minister is obliged to attend the assembly and answer the question. this answer must not be delayed more than one month in the case of the president and ten days in the case of the minister, except with an excuse deemed reasonable by the islamic consultative assembly. article 89 members of the islamic consultative assembly can interpellate the council of ministers or an individual minister in instances they deem necessary. interpellations can be tabled if they bear the signatures of at least ten members. the council of ministers or interpellated minister must be present in the assembly within ten days after the tabling of the interpellation in order to answer it and seek a vote of confidence. if the council of ministers or the minister concerned fails to attend the assembly, the members who tabled the interpellation will explain their reasons, and the assembly will declare a vote of no-confidence if it deems it necessary. if the assembly does not pronounce a vote of confidence, the council of ministers or the minister subject to interpellation is dismissed. in both cases, the ministers subject to interpellation cannot become members of the next council of ministers formed immediately afterwards. in the event at least one-third of the members of the islamic consultative assembly interpellate the president concerning his executive responsibilities in relation with the executive power and the executive affairs of the country, the president must be present in the assembly within one month after the tabling of the interpellation in order to give adequate explanations in regard to the matters raised. in the event, after hearing the statements of the opposing and favouring members and the reply of the president, two thirds of the members of the assembly declare a vote of no confidence, the same will be communicated to the leadership for information and implementation of section (10) of article 110 of the constitution. article 90 whoever has a complaint concerning the work of the assembly or the executive power, or the judicial power can forward his complaint in writing to the assembly. the assembly must investigate his complaint and give a satisfactory reply. in cases where the complaint relates to the executive or the judiciary, the assembly must demand proper investigation in the matter and an adequate explanation from them, and announce the results within a reasonable time. in cases where the subject of the complaint is of public interest, the reply must be made public. article 91 with a view to safeguard the islamic ordinances and the constitution, in order to examine the compatibility of the legislations passed by the islamic consultative assembly with islam, a council to be known as the guardian council is to be constituted with the following composition: six 'adil fuqaha', conscious of the present needs and the issues of the day, to be selected by the leader, and six jurists, specializing in different areas of law, to be elected by the islamic consultative assembly from among the muslim jurists nominated by the head of the judicial power. article 92 members of the guardian council are elected to serve for a period of six years, but during the first term, after three years have passed, half of the members of each group will be changed by lot and new members will be elected in their place. article 93 the islamic consultative assembly does not hold any legal status if there is no guardian council in existence, except for the purpose of approving the credentials of its members and the election of the six jurists on the guardian council. article 94 all legislation passed by the islamic consultative assembly must be sent to the guardian council. the guardian council must review it within a maximum of ten days from its receipt with a view to ensuring its compatibility with the criteria of islam and the constitution. if it finds the legislation incompatible, it will return it to the assembly for review. otherwise the legislation will be deemed enforceable. article 95 in cases where the guardian council deems ten days inadequate for completing the process of review and delivering a definite opinion, it can request the islamic consultative assembly to grant an extension of the time limit not exceeding ten days. article 96 the determination of compatibility of the legislation passed by the islamic consultative assembly with the laws of islam rests with the majority vote of the fuqaha' on the guardian council; and the determination of its compatibility with the constitution rests with the majority of all the members of the guardian council. article 97 in order to expedite the work, the members of the guardian council may attend the assembly and listen to its debates when a government bill or a members' bill is under discussion. when an urgent government or members' bill is placed on the agenda of the assembly, the members of the guardian council must attend the assembly and make their views known. article 98 the authority of the interpretation of the constitution is vested with the guardian council, which is to be done with the consent of three-fourths of its members. article 99 the guardian council has the responsibility of supervising the elections of the assembly of experts for leadership, the president of the republic, the islamic consultative assembly, and the direct recourse to popular opinion and referenda. chapter vii. councils article 100 in order to expedite social, economic, development, public health, cultural, and educational programmes and facilitate other affairs relating to public welfare with the cooperation of the people according to local needs, the administration of each village, division, city, municipality, and province will be supervised by a council to be named the village, division, city, municipality, or provincial council. members of each of these councils will be elected by the people of the locality in question. qualifications for the eligibility of electors and candidates for these councils, as well as their functions and powers, the mode of election, the jurisdiction of these councils, the hierarchy of their authority, will be determined by law, in such a way as to preserve national unity, territorial integrity, the system of the islamic republic, and the sovereignty of the central government. article 101 in order to prevent discrimination in the preparation of programmes for the development and welfare of the provinces, to secure the cooperation of the people, and to arrange for the supervision of coordinated implementation of such programmes, a supreme council of the provinces will be formed, composed of representatives of the provincial councils. law will specify the manner in which this council is to be formed and the functions that it is to fulfil. article 102 the supreme council of the provinces has the right within its jurisdiction, to draft bills and to submit them to the islamic consultative assembly, either directly or through the government. these bills must be examined by the assembly. article 103 provincial governors, city governors, divisional governors, and other officials appointed by the government must abide by all decisions taken by the councils within their jurisdiction. article 104 in order to ensure islamic equity and cooperation in chalking out the programmes and to bring about the harmonious progress of all units of production, both industrial and agricultural, councils consisting of the representatives of the workers, peasants, other employees, and managers, will be formed in educational and administrative units, units of service industries, and other units of a like nature, similar councils will be formed, composed of representatives of the members of those units. the mode of the formation of these councils and the scope of their functions and powers, are to be specified by law. article 105 decisions taken by the councils must not be contrary to the criteria of islam and the laws of the country. article 106 the councils may not be dissolved unless they deviate from their legal duties. the body responsible for determining such deviation, as well as the manner for dissolving the councils and re-forming them, will be specified by law. should a council have any objection to its dissolution, it has the right to appeal to a competent court, and the court is duty-bound to examine its complaint outside the docket sequence. chapter viii. the leader or leadership council article 107 after the demise of the eminent marji' al-taqlid and great leader of the universal islamic revolution, and founder of the islamic republic of iran, ayatullah al-'uzma imam khumayni--quddisa sirruh al-sharif--who was recognised and accepted as marji' and leader by a decisive majority of the people, the task of appointing the leader shall be vested with the experts elected by the people. the experts will review and consult among themselves concerning all the fuqaha' possessing the qualifications specified in articles 5 and 109. in the event they find one of them better versed in islamic regulations, the subjects of the fiqh, or in political and social issues, or possessing general popularity or special prominence for any of the qualifications mentioned in article 109, they shall elect him as the leader. otherwise, in the absence of such a superiority, they shall elect and declare one of them as the leader. the leader thus elected by the assembly of experts shall assume all the powers of the wilayat al-amr and all the responsibilities arising therefrom. the leader is equal with the rest of the people of the country in the eyes of law. article 108 the law setting out the number and qualifications of the experts [mentioned in the preceding article], the mode of their election, and the code of procedure regulating the sessions during the first term must be drawn up by the fuqaha' on the first guardian council, passed by a majority of votes and then finally approved by the leader of the revolution. the power to make any subsequent change or a review of this law, or approval of all the provisions concerning the duties of the experts is vested in themselves. article 109 following are the essential qualifications and conditions for the leader: scholarship, as required for performing the functions of muftiin different fields of fiqh. justice and piety, as required for the leadership of the islamic ummah. right political and social perspicacity, prudence, courage, administrative facilities and adequate capability for leadership. in case of multiplicity of persons fulfilling the above qualifications and conditions, the person possessing the better jurisprudential and political perspicacity will be given preference. article 110 following are the duties and powers of the leadership: delineation of the general policies of the islamic republic of iran after consultation with the nation's exigency council. supervision over the proper execution of the general policies of the system. issuing decrees for national referenda. assuming supreme command of the armed forces. declaration of war and peace, and the mobilization of the armed forces. appointment, dismissal, and acceptance of resignation of: the fuqaha' on the guardian council. the supreme judicial authority of the country. the head of the radio and television network of the islamic republic of iran. the chief of the joint staff. the chief commander of the islamic revolution guards corps. the supreme commanders of the armed forces. resolving differences between the three wings of the armed forces and regulation of their relations. resolving the problems, which cannot be solved by conventional methods, through the nation's exigency council. signing the decree formalizing the election of the president of the republic by the people. the suitability of candidates for the presidency of the republic, with respect to the qualifications specified in the constitution, must be confirmed before elections take place by the guardian council, and, in the case of the first term [of the presidency], by the leadership; dismissal of the president of the republic, with due regard for the interests of the country, after the supreme court holds him guilty of the violation of his constitutional duties, or after a vote of the islamic consultative assembly testifying to his incompetence on the basis of article 89 of the constitution. pardoning or reducing the sentences of convicts, within the framework of islamic criteria, on a recommendation [to that effect] from the head of judicial power. the leader may delegate part of his duties and powers to another person. article 111 whenever the leader becomes incapable of fulfilling his constitutional duties, or loses one of the qualifications mentioned in articles 5 and 109, or it becomes known that he did not possess some of the qualifications initially, he will be dismissed. the authority of determination in this matter is vested with the experts specified in article 108. in the event of the death, or resignation or dismissal of the leader, the experts shall take steps within the shortest possible time for the appointment of the new leader. till the appointment of the new leader, a council consisting of the president, head of the judiciary power, and a faqih from the guardian council, upon the decision of the nation's exigency council, shall temporarily take over all the duties of the leader. in the event, during this period, any one of them is unable to fulfil his duties for whatsoever reason, another person, upon the decision of majority of fuqaha' in the nation's exigency council shall be elected in his place. this council shall take action in respect of items 1,3,5, and 10, and sections d, e and f of item 6 of article 110, upon the decision of three-fourths of the members of the nation's exigency council. whenever the leader becomes temporarily unable to perform the duties of leadership owing to his illness or any other incident, then during this period, the council mentioned in this article shall assume his duties. article 112 upon the order of the leader, the nation's exigency council shall meet at any time the guardian council judges a proposed bill of the islamic consultative assembly to be against the principles of shari'ah or the constitution, and the assembly is unable to meet the expectations of the guardian council. also, the council shall meet for consideration on any issue forwarded to it by the leader and shall carry out any other responsibility as mentioned in this constitution. the permanent and changeable members of the council shall be appointed by the leader. the rules for the council shall be formulated and approved by the council members subject to the confirmation by the leader. chapter ix. the executive power section 1. the presidency article 113 after the office of leadership, the president is the highest official in the country. his is the responsibility for implementing the constitution and acting as the head of the executive, except in matters directly concerned with (the office of) the leadership. article 114 the president is elected for a four-year term by the direct vote of the people. his reelection for a successive term is permissible only once. article 115 the president must be elected from among religious and political personalities possessing the following qualifications: iranian origin; iranian nationality; administrative capacity and resourcefulness; a good past-record; trustworthiness and piety; convinced belief in the fundamental principles of the islamic republic of iran and the official madhhab of the country. article 116 candidates nominated for the post of president must declare their candidature officially. law lays down the manner in which the president is to be elected. article 117 the president is elected by an absolute majority of votes polled by the voters. but if none of the candidates is able to win such a majority in the first round, voting will take place a second time on friday of the following week. in the second round only the two candidates who received greatest number of votes in the first round will participate. if, however, some of the candidates securing greatest votes in the first round withdraw from the elections, the final choice will be between the two candidates who won greater number of votes than all the remaining candidates. article 118 responsibility for the supervision of the election of the president lies with the guardian council, as stipulated in article 99. but before the establishment of the first guardian council, however, it lies with a supervisory body to be constituted by law. article 119 the election of a new president must take place no later than one month before the end of the term of the outgoing president. in the interim period before the election of the new president and the end of the term of the outgoing president, the outgoing president will perform the duties of the president. article 120 in case any of the candidates whose suitability is established in terms of the qualifications listed above should die within ten days before polling day, the elections will be postponed for two weeks. if one of the candidates securing greatest number of votes dies in the intervening period between the first and second rounds of voting, the period for holding (the second round of) the election will be extended for two weeks. article 121 the president must take the following oath and affix his signature to it at a session of the islamic consultative assembly in the presence of the head of the judicial power and the members of the guardian council: in the name of god, the compassionate, the merciful, i, as president, swear, in the presence of the noble qur'an and the people of iran, by god, the exalted and almighty, that i will guard the official religion of the country, the order of the islamic republic and the constitution of the country; that i will devote all my capacities and abilities to the fulfilment of the responsibilities that i have assumed; that i will dedicate myself to the service of the people, the honour of the country, the propagation of religion and morality, and the support of truth and justice, refraining from every kind of arbitrary behaviour; that i will protect the freedom and dignity of all citizens and the rights that the constitution has accorded the people; that in guarding the frontiers and the political, economic, and cultural independence of the country i will not shirk any necessary measure; that, seeking help from god and following the prophet of islam and the infallible imams (peace be upon them), i will guard, as a pious and selfless trustee, the authority vested in me by the people as a sacred trust, and transfer it to whomever the people may elect after me. article 122 the president, within the limits of his powers and duties, which he has by virtue of this constitution or other laws, is responsible to the people, the leader and the islamic consultative assembly. article 123 the president is obliged to sign legislation approved by the assembly or the result of a referendum, after the (related) legal procedures have been completed and it has been communicated to him. after signing, he must forward it to the responsible authorities for implementation. article 124 the president may have deputies for the performance of his constitutional duties. with the approval of the president, the first deputy of the president shall be vested with the responsibilities of administering the affairs of the council of ministers and coordination of functions of other deputies. article 125 the president or his legal representative has the authority to sign treaties, protocols, contracts, and agreements concluded by the iranian government with other governments, as well as agreements pertaining to international organizations, after obtaining the approval of the islamic consultative assembly. article 126 the president is responsible for national planning and budget and state employment affairs and may entrust the administration of these to others. article 127 in special circumstances, subject to approval of the council of ministers, the president may appoint one or more special representatives with specific powers. in such cases, the decisions of his representative(s) will be considered as the same as those of the president and the council of ministers. article 128 the ambassadors shall be appointed upon the recommendation of the foreign minister and approval of the president. the president signs the credentials of ambassadors and receives the credentials presented by the ambassadors of the foreign countries. article 129 the award of state decorations is a prerogative of the president. article 130 the president shall submit his resignation to the leader and shall continue performing his duties until his resignation is not accepted. article 131 in case of death, dismissal, resignation, absence, or illness lasting longer than two months of the president, or when his term in office has ended and a new president has not been elected due to some impediments, or similar other circumstances, his first deputy shall assume, with the approval of the leader, the powers and functions of the president. the council, consisting of the speaker of the islamic consultative assembly, head of the judicial power, and the first deputy of the president, is obliged to arrange for a new president to be elected within a maximum period of fifty days. in case of death of the first deputy to the president, or other matters which prevent him to perform his duties, or when the president does not have a first deputy, the leader shall appoint another person in his place. article 132 during the period when the powers and responsibilities of the president are assigned to his first deputy or the other person in accordance with article 131, neither can the ministers be interpellated nor can a vote of no-confidence be passed against them. also, neither can any step be undertaken for a review of the constitution, nor a national referendum be held. section 2. the president and ministers article 133 ministers will be appointed by the president and will be presented to the assembly for a vote of confidence. with the change of assembly, a new vote of confidence will not be necessary. the number of ministers and the jurisdiction of each will be determined by law. article 134 the president is the head of the council of ministers. he supervises the work of the ministers and takes all necessary measures to coordinate the decisions of the government. with the cooperation of the ministers, he determines the programme and policies of the government and implements the laws. in the case of discrepancies, or interferences in the constitutional duties of the government agencies, the decision of the council of ministers at the request of the president shall be binding provided it does not call for an interpretation of or modification in the laws. the president is responsible to the assembly for the actions of the council of ministers. article 135 the ministers shall continue in office unless they are dismissed, or given a vote of no confidence by the assembly as a result of their interpellation, or a motion for a vote of no-confidence against them. the resignation of the council of ministers, or that of each of them shall be submitted to the president, and the council of ministers shall continue to function until such time as the new government is appointed. the president can appoint a caretaker for a maximum period of three months for the ministries having no minister. article 136 the president can dismiss the ministers and in such a case he must obtain a vote of confidence for the new minister(s) from the assembly. in case half of the members of the council of ministers are changed after the government has received its vote of confidence from the assembly, the government must seek a fresh vote of confidence from the assembly. article 137 each of the ministers is responsible for his duties to the president and the assembly, but in matters approved by the council of ministers as a whole, he is also responsible for the actions of the others. article 138 in addition to instances in which the council of ministers or a single minister is authorised to frame procedures for the implementation of laws, the council of ministers has the right to lay down rules, regulations, and procedures for performing its administrative duties, ensuring the implementation of laws, and setting up administrative bodies. each of the ministers also has the right to frame regulations and issue circulars in matters within his jurisdiction and in conformity with the decisions of the council of ministers. however, the content of all such regulations must not violate the letter or the spirit of the law. the government can entrust any portion of its task to the commissions composed of some ministers. the decisions of such commissions within the rules will be binding after the endorsement of the president. the ratifications and the regulations of the government and the decisions of the commissions mentioned under this article shall also be brought to the notice of the speaker of the islamic consultative assembly while being communicated for implementation so that in the event he finds them contrary to law, he may send the same stating the reason for reconsideration by the council of ministers. article 139 the settlement of claims relating to public and state property or the referral thereof to arbitration is in every case dependent on the approval of the council of ministers, and the assembly must be informed of these matters. in cases where one party to the dispute is a foreigner, as well as in important cases that are purely domestic, the approval of the assembly must also be obtained. law will specify the important cases intended here. article 140 allegations of common crimes against the president, his deputies, and the ministers will be investigated in common courts of justice with the knowledge of the islamic consultative assembly. article 141 the president, the deputies to the president, ministers, and government employees cannot hold more than one government position, and it is forbidden for them to hold any kind of additional post in institutions of which all or a part of the capital belongs to the government or public institutions, to be a member of the islamic consultative assembly, to practise the profession of attorney or legal adviser, or to hold the post of president, managing director, or membership of the board of directors of any kind of private company, with the exception of cooperative companies affiliated to the government departments and institutions. teaching positions in universities and research institutions are exempted from this rule. article 142 the assets of the leader, the president, the deputies to the president, and ministers, as well as those of their spouses and offspring, are to be examined before and after their term of office by the head of the judicial power, in order to ensure they have not increased in a fashion contrary to law. section 3. the army and the islamic revolution guards corps article 143 the army of the islamic republic of iran is responsible for guarding the independence and territorial integrity of the country, as well as the order of the islamic republic. article 144 the army of the islamic republic of iran must be an islamic army, i.e., committed to islamic ideology and the people, and must recruit into its service individuals who have faith in the objectives of the islamic revolution and are devoted to the cause of realizing its goals. article 145 no foreigner will be accepted into the army or security forces of the country. article 146 the establishment of any kind of foreign military base in iran, even for peaceful purposes, is forbidden. article 147 in time of peace, the government must utilize the personnel and technical equipment of the army in relief operations, and for educational and productive ends, and the construction jihad, while fully observing the criteria of islamic justice and ensuring that such utilization does not harm the combat-readiness of the army. article 148 all forms of personal use of military vehicles, equipment, and other means, as well as taking advantage of army personnel as personal servants and chauffeurs or in similar capacities, are forbidden. article 149 promotions in military rank and their withdrawal take place in accordance with the law. article 150 the islamic revolution guards corps, organized in the early days of the triumph of the revolution, is to be maintained so that it may continue in its role of guarding the revolution and its achievements. the scope of the duties of this corps, and its areas of responsibility, in relation to the duties and areas of responsibility of the other armed forces, are to be determined by law, with emphasis on brotherly cooperation and harmony among them. article 151 in accordance with the noble qur'anic verse: [persian text omitted] prepare against them whatever force you are able to muster, and horses ready for battle, striking fear into god's enemy and your enemy, and others beyond them unknown to you but known to god ... (8:60). the government is obliged to provide a programme of military training, with all requisite facilities, for all its citizens, in accordance with the islamic criteria, in such a way that all citizens will always be able to engage in the armed defence of the islamic republic of iran. the possession of arms, however, requires the granting of permission by the competent authorities. chapter x. foreign policy article 152 the foreign policy of the islamic republic of iran is based upon the rejection of all forms of domination, both the exertion of it and submission to it, the preservation of the independence of the country in all respects and its territorial integrity, the defence of the rights of all muslims, non-alignment with respect to the hegemonist superpowers, and the maintenance of mutually peaceful relations with all non-belligerent states. article 153 any form of agreement resulting in foreign control over the natural resources, economy, army, or culture of the country, as well as other aspects of the national life, is forbidden. article 154 the islamic republic of iran has as its ideal human felicity throughout human society, and considers the attainment of independence, freedom, and rule of justice and truth to be the right of all people of the world. accordingly, while scrupulously refraining from all forms of interference in the internal affairs of other nations, it supports the just struggles of the mustad'afun against the mustakbirun in every corner of the globe. article 155 the government of the islamic republic of iran may grant political asylum to those who seek it unless they are regarded as traitors and saboteurs according to the laws of iran. chapter xi. the judiciary article 156 the judiciary is an independent power, the protector of the rights of the individual and society, responsible for the implementation of justice, and entrusted with the following duties: investigating and passing judgement on grievances, violations of rights, and complaints; the resolving of litigation; the settling of disputes; and the taking of all necessary decisions and measures in probate matters as the law may determine; restoring public rights and promoting justice and legitimate freedoms: supervising the proper enforcement of laws; uncovering crimes; prosecuting, punishing, and chastising criminals; and enacting the penalties and provisions of the islamic penal code; taking suitable measures to prevent the occurrence of crime and to reform criminals. article 157 in order to fulfil the responsibilities of the judiciary power in all the matters concerning judiciary, administrative and executive areas, the leader shall appoint a just mujtahid well versed in judiciary affairs and possessing prudence and administrative abilities as the head of the judiciary power for a period of five years who shall be the highest judicial authority. article 158 the head of the judiciary branch is responsible for the following: establishment of the organizational structure necessary for the administration of justice commensurate with the responsibilities mentioned under article 156. drafting judiciary bills appropriate for the islamic republic. employment of just and worthy judges, their dismissal, appointment, transfer, assignment to particular duties, promotions, and carrying out similar administrative duties, in accordance with the law. article 159 the courts of justice are the official bodies to which all grievances and complaints are to be referred. the formation of courts and their jurisdiction is to be determined by law. article 160 the minister of justice owes responsibility in all matters concerning the relationship between the judiciary, on the one hand, and the executive and legislative branches, on the other hand. he will be elected from among the individuals proposed to the president by the head of the judiciary branch. the head of the judiciary may delegate full authority to the minister of justice in financial and administrative areas and for employment of personnel other than judges in which case the minister of justice shall have the same authority and responsibility as those possessed by the other ministers in their capacity as the highest ranking government executives. article 161 the supreme court is to be formed for the purpose of supervising the correct implementation of the laws by the courts, ensuring uniformity of judicial procedure, and fulfilling any other responsibilities assigned to it by law, on the basis of regulations to be established by the head of the judicial branch. article 162 the chief of the supreme court and the prosecutor-general must both be just mujtahids well versed in judicial matters. they will be nominated by the head of the judiciary branch for a period of five years, in consultation with the judges of the supreme court. article 163 the conditions and qualifications to be fulfilled by a judge will be determined by law, in accordance with the criteria of fiqh. article 164 a judge cannot be removed, whether temporarily or permanently, from the post he occupies except by trial and proof of his guilt, or in consequence of a violation entailing his dismissal. a judge cannot be transferred or redesignated without his consent, except in cases when the interest of society necessitates it, that too, with the decision of the head of the judiciary branch after consultation with the chief of the supreme court and the prosecutor general. the periodic transfer and rotation of judges will be in accordance with general regulations to be laid down by law. article 165 trials are to be held openly and members of the public may attend without any restriction; unless the court determines that an open trial would be detrimental to public morality or discipline, or if in case of private disputes, both the parties request not to hold open hearing. article 166 the verdicts of courts must be well reasoned out and documented with reference to the articles and principles of the law in accordance with which they are delivered. article 167 the judge is bound to endeavour to judge each case on the basis of the codified law. in case of the absence of any such law, he has to deliver his judgement on the basis of authoritative islamic sources and authentic fatawa. he, on the pretext of the silence of or deficiency of law in the matter, or its brevity or contradictory nature, cannot refrain from admitting and examining cases and delivering his judgement. article 168 political and press offences will be tried openly and in the presence of a jury, in courts of justice. the manner of the selection of the jury, its powers, and the definition of political offences, will be determined by law in accordance with the islamic criteria. article 169 no act or omission may be regarded as a crime with retrospective effect on the basis of a law framed subsequently. article 170 judges of courts are obliged to refrain from executing statutes and regulations of the government that are in conflict with the laws or the norms of islam, or lie outside the competence of the executive power. everyone has the right to demand the annulment of any such regulation from the court of administrative justice. article 171 whenever an individual suffers moral or material loss as the result of a default or error of the judge with respect to the subject matter of a case or the verdict delivered, or the application of a rule in a particular case, the defaulting judge must stand surety for the reparation of that loss in accordance with the islamic criteria, if it be a case of default. otherwise, losses will be compensated for by the state. in all such cases, the repute and good standing of the accused will be restored. article 172 military courts will be established by law to investigate crimes committed in connection with military or security duties by members of the army, the gendarmerie, the police, and the islamic revolution guards corps. they will be tried in public courts, however, for common crimes or crimes committed while serving the department of justice in executive capacity. the office of military prosecutor and the military courts form part of the judiciary and are subject to the same principles that regulate the judiciary. article 173 in order to investigate the complaints, grievances, and objections of the people with respect to government officials, organs, and statutes, a court will be established to be known as the court of administrative justice under the supervision of the head of the judiciary branch. the jurisdiction, powers, and mode of operation of this court will be laid down by law. article 174 in accordance with the right of the judiciary to supervise the proper conducting of affairs and the correct implementation of laws by the administrative organs of the government, an organization will be constituted under the supervision of the head of the judiciary branch to be known as the national general inspectorate. the powers and duties of this organization will be determined by law. chapter xii. radio and television article 175 the freedom of expression and dissemination of thoughts in the radio and television of the islamic republic of iran must be guaranteed in keeping with the islamic criteria and the best interests of the country. the appointment and dismissal of the head of the radio and television of the islamic republic of iran rests with the leader. a council consisting of two representatives each of the president, the head of the judiciary branch and the islamic consultative assembly shall supervise the functioning of this organization. the policies and the manner of managing the organization and its supervision will be determined by law. chapter xiii. supreme council for national security article 176 in order to safeguarding the national interests and preserving the islamic revolution, the territorial integrity and national sovereignty, a supreme council for national security presided over by the president shall be constituted to fulfil the following responsibilities: determining the defence and national security policies within the framework of general policies determined by the leader. coordination of activities in the areas relating to politics, intelligence, social, cultural and economic fields in regard to general defence and security policies. exploitation of materialistic and intellectual resources of the country for facing the internal and external threats. the council shall consist of: heads of three branches of the government, chief of the supreme command council of the armed forces, the officer in charge of the planning and budget affairs, two representatives nominated by the leader, ministers of foreign affairs, interior, and information, a minister related with the subject, and the highest ranking officials from the armed forces and the islamic revolution's guards corps. commensurate with its duties, the supreme council for national security shall form sub councils such as defence sub-council and national security sub-council. each sub council will be presided over by the president or a member of the supreme council for national security appointed by the president. the scope of authority and responsibility of the sub-councils will be determined by law and their organizational structure will be approved by the supreme council for national defence. the decisions of the supreme council for national security shall be effective after the confirmation by the leader. chapter xiv. the revision of the constitution article 177 the revision of the constitution of the islamic republic of iran, whenever needed by the circumstances, will be done in the following manner: the leader issues an edict to the president after consultation with the nation's exigency council stipulating the amendments or additions to be made by the council for revision of the constitution which consists of: members of the guardian council. heads of the three branches of the government. permanent members of the nation's exigency council. five members from among the assembly of experts. ten representatives selected by the leader. three representatives from the council of ministers. three representatives from the judiciary branch. ten representatives from among the members of the islamic consultative assembly. three representatives from among the university professors. the method of working, manner of selection and the terms and conditions of the council shall be determined by law. the decisions of the council, after the confirmation and signatures of the leader, shall be valid if approved by an absolute majority vote in a national referendum. the provisions of article 59 of the constitution shall not apply to the referendum for the "revision of the constitution." the contents of the articles of the constitution related to the islamic character of the political system; the basis of all the rules and regulations according to islamic criteria; the religious footing; the objectives of the islamic republic of iran; the democratic character of the government; the wilayat al-'amr; the imamate of ummah; and the administration of the affairs of the country based on national referenda, official religion of iran [islam] and the school [twelver ja'fari] are unalterable. preamble we the people of the federal republic of nigeria having firmly and solemnly resolved: to live in unity and harmony as one indivisible and indissoluble sovereign nation under god, dedicated to the promotion of inter-african solidarity, world peace, international co-operation and understanding and to provide for a constitution for the purpose of promoting the good government and welfare of all persons in our country, on the principles of freedom, equality and justice, and for the purpose of consolidating the unity of our people do hereby make, enact and give to ourselves the following constitution:chapter i. general provisions part i. federal republic of nigeria 1 this constitution is supreme and its provisions shall have binding force on the authorities and persons throughout the federal republic of nigeria. the federal republic of nigeria shall not be governed, nor shall any persons or group of persons take control of the government of nigeria or any part thereof, except in accordance with the provisions of this constitution. if any other law is inconsistent with the provisions of this constitution, this constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void. 2 nigeria is one indivisible and indissoluble sovereign state to be known by the name of the federal republic of nigeria. nigeria shall be a federation consisting of states and a federal capital territory. 3 there shall be 36 states in nigeria, that is to say, abia, adamawa, akwa ibom, anambra, bauchi, bayelsa, benue, borno, cross river, delta, ebonyi, edo, ekiti, enugu, gombe, imo, jigawa, kaduna, kano, katsina, kebbi, kogi, kwara, lagos, nasarawa, niger, ogun, ondo, osun, oyo, plateau, rivers, sokoto, taraba, yobe and zamfara. each state of nigeria, named in the first column of part i of the first schedule to this constitution, shall consist of the area shown opposite thereto in the second column of that schedule. the headquarters of the governor of each state shall be known as the capital city of that state as shown in the third column of the said part i of the first schedule opposite the state named in the first column thereof. the federal capital territory, abuja, shall be as defined in part ii of the first scheduled to this constitution. the provisions of this constitution in part i of chapter viii hereof shall in relation to the federal capital territory, abuja, have effect in the manner set out thereunder. there shall be 768 local government areas in nigeria as shown in the second column of part i of the first schedule to this constitution and six area councils as shown in part ii of that schedule. part ii. powers of the federal republic of nigeria 4 the legislative powers of the federal republic of nigeria shall be vested in a national assembly for the federation, which shall consist of a senate and a house of representatives. the national assembly shall have power to make laws for the peace, order and good government of the federation or any part thereof with respect to any matter included in the exclusive legislative list set out in part i of the second schedule to this constitution. the power of the national assembly to make laws for the peace, order and good government of the federation with respect to any matter included in the exclusive legislative list shall, save as otherwise provided in this constitution, be to the exclusion of the houses of assembly of states. in addition and without prejudice to the powers conferred by subsection (2) of this section, the national assembly shall have power to make laws with respect to the following matters, that is to say:any matter in the concurrent legislative list set out in the first column of part ii of the second schedule to this constitution to the extent prescribed in the second column opposite thereto; and any other matter with respect to which it is empowered to make laws in accordance with the provisions of this constitution. if any law enacted by the house of assembly of a state is inconsistent with any law validly made by the national assembly, the law made by the national assembly shall prevail, and that other law shall, to the extent of the inconsistency, be void. the legislative powers of a state of the federation shall be vested in the house of assembly of the state. the house of assembly of a state shall have power to make laws for the peace, order and good government of the state or any part thereof with respect to the following matters, that is to say:any matter not included in the exclusive legislative list set out in part i of the second schedule to this constitution; any matter included in the concurrent legislative list set out in the first column of part ii of the second schedule to this constitution to the extent prescribed in the second column opposite thereto; and any other matter with respect to which it is empowered to make laws in accordance with the provisions of this constitution. save as otherwise provided by this constitution, the exercise of legislative powers by the national assembly or by a house of assembly shall be subject to the jurisdiction of courts of law and of judicial tribunals established by law, and accordingly, the national assembly or a house of assembly shall not enact any law, that ousts or purports to oust the jurisdiction of a court of law or of a judicial tribunal established by law. notwithstanding the foregoing provisions of this section, the national assembly or a house of assembly shall not, in relation to any criminal offence whatsoever, have power to make any law which shall have retrospective effect. 5 subject to the provisions of this constitution, the executive powers of the federation: shall be vested in the president and may, subject as aforesaid and to the provisions of any law made by the national assembly, be exercised by him either directly or through the vice-president and ministers of the government of the federation or officers in the public service of the federation; and shall extend to the execution and maintenance of this constitution, all laws made by the national assembly and to all matters with respect to which the national assembly has, for the time being, power to make laws. subject to the provisions of this constitution, the executive powers of a state: shall be vested in the governor of that state and may, subject as aforesaid and to the provisions of any law made by a house of assembly, be exercised by him either directly or through the deputy governor and commissioners of the government of that state or officers in the public service of the state; and shall extend to the execution and maintenance of this constitution, all laws made by the house of assembly of the state and to all matters with respect to which the house of assembly has for the time being power to make laws. the executive powers vested in a state under subsection (2) of this section shall be so exercised as not to:impede or prejudice the exercise of the executive powers of the federation; endanger any asset or investment of the government of the federation in that state; or endanger the continuance of a federal government in nigeria. notwithstanding the foregoing provisions of this section:the president shall not declare a state of war between the federation and another country except with the sanction of a resolution of both houses of the national assembly, sitting in a joint session; and except with the prior approval of the senate, no member of the armed forces of the federation shall be deployed on combat duty outside nigeria. notwithstanding the provisions of subsection (4) of this section, the president, in consultation with the national defence council, may deploy members of the armed forces of the federation on a limited combat duty outside nigeria if he is satisfied that the national security is under imminent threat or danger: provided that the president shall, within seven days of actual combat engagement, seek the consent of the senate and the senate shall thereafter give or refuse the said consent within 14 days. 6 the judicial powers of the federation shall be vested in the courts to which this section relates, being courts established for the federation. the judicial powers of a state shall be vested in the courts to which this section relates, being courts established, subject as provided by this constitution, for a state. the courts to which this section relates, established by this constitution for the federation and for the states, specified in subsection (5) (a) to (1) of this section, shall be the only superior courts of record in nigeria; and save as otherwise prescribed by the national assembly or by the house of assembly of a state, each court shall have all the powers of a superior court of record. nothing in the foregoing provisions of this section shall be construed as precluding:the national assembly or any house of assembly from establishing courts, other than those to which this section relates, with subordinate jurisdiction to that of a high court; the national assembly or any house of assembly, which does not require it, from abolishing any court which it has power to establish or which it has brought into being. this section relates to:the supreme court of nigeria; the court of appeal; the federal high court; the national industrial court; the high court of the federal capital territory, abuja; a high court of a state; the sharia court of appeal of the federal capital territory, abuja; a sharia court of appeal of a state; the customary court of appeal of the federal capital territory, abuja; a customary court of appeal of a state; such other courts as may be authorised by law to exercise jurisdiction on matters with respect to which the national assembly may make laws; and such other court as may be authorised by law to exercise jurisdiction at first instance or on appeal on matters with respect to which a house of assembly may make laws. the judicial powers vested in accordance with the foregoing provisions of this sectionshall extend, notwithstanding anything to the contrary in this constitution, to all inherent powers and sanctions of a court of law; shall extend, to all matters between persons, or between government or authority and to any persons in nigeria, and to all actions and proceedings relating thereto, for the determination of any question as to the civil rights and obligations of that person; shall not except as otherwise provided by this constitution, extend to any issue or question as to whether any act of omission by any authority or person or as to whether any law or any judicial decision is in conformity with the fundamental objectives and directive principles of state policy set out in chapter ii of this constitution; shall not, as from date when this section comes into force, extend to any action or proceedings relating to any existing law made on or after 15th january, 1966 for determining any issue or question as to the competence of any authority or person to make any such law. 7 the system of local government by democratically elected local government councils is under this constitution guaranteed; and accordingly, the government of every state shall, subject to section 8 of this constitution, ensure their existence under a law which provides for the establishment, structure, composition, finance and functions of such councils. the person authorised by law to prescribe the area over which a local government council may exercise authority shalldefine such area as clearly as practicable; and ensure, to the extent to which it may be reasonably justifiable that in defining such area regard is paid tothe common interest of the community in the area; traditional association of the community; and administrative convenience. it shall be the duty of a local government council within the state to participate in economic planning and development of the area referred to in subsection (2) of this section and to this end an economic planning board shall be established by a law enacted by the house of assembly of the state. the government of a state shall ensure that every person who is entitled to vote or be voted for at an election to house of assembly shall have the right to vote or be voted for at an election to a local government council. the functions to be conferred by law upon local government council shall include those set out in the fourth schedule to this constitution. subject to the provisions of this constitutionthe national assembly shall make provisions for statutory allocation of public revenue to local government councils in the federation; and the house of assembly of a state shall make provisions for statutory allocation of public revenue to local government councils within the state. 8 an act of the national assembly for the purpose of creating a new state shall only be passed ifa request, supported by at least two-thirds majority of members (representing the area demanding the creation of the new state) in each of the following, namelythe senate and the house of representatives, the house of assembly in respect of the area, and the local government councils in respect of the area, is received by the national assembly; a proposal for the creation of the state is thereafter approved in a referendum by at least two-thirds majority of the people of the area where the demand for creation of the state originated; the result of the referendum is then approved by a simple majority of all the states of the federation supported by a simple majority of members of the houses of assembly; and the proposal is approved by a resolution passed by two-thirds majority of members of each house of the national assembly. an act of the national assembly for the purpose of boundary adjustment of any existing state shall only be passed ifa request for the boundary adjustment, supported by two-thirds majority of members (representing the area demanding and the area affected by the boundary adjustment) in each of the following, namelythe senate and the house of representatives, the house of assembly in respect of the area, and the local government councils in respect of the area, is received by the national assembly; and a proposal for the boundary adjustment is approved bya simple majority of members of each house of the national assembly, and a simple majority of members of the house of assembly in respect of the area concerned. a bill for a law of a house of assembly for the purpose of creating a new local government area shall only be passed ifa request supported by at least two-thirds majority of members (representing the area demanding the creation of the new local government area) in each of the following, namelythe house of assembly in respect of the area, and the local government councils in respect of the area, is received by the house of assembly; a proposal for the creation of the local government area is thereafter approved in a referendum by at least two-thirds majority of the people of the local government area where the demand for the proposed local government area originated; the result of the referendum is then approved by a simple majority of the members in each local government council in a majority of all the local government councils in the state; and the result of the referendum is approved by a resolution passed by two-thirds majority of members of the house of assembly. a bill for a law of house of assembly for the purpose of boundary adjustment of any existing local government area shall only be passed ifa request for the boundary adjustment is supported by two-thirds majority of members (representing the area demanding and the area affected by the boundary adjustment) in each of the following, namelythe house of assembly in respect of the area, and the local government council in respect of the area, is received by the house of assembly; and a proposal for the boundary adjustment is approved by a simple majority of members of the house of assembly in respect of the area concerned. an act of the national assembly passed in accordance with this section shall make consequential provisions with respect to the names and headquarters of state or local government areas as provided in section 3 of this constitution and in parts i and ii of the first schedule to this constitution. for the purpose of enabling the national assembly to exercise the powers conferred upon it by subsection (5) of this section, each house of assembly shall, after the creation of more local government areas pursuant to subsection (3) of this section, make adequate returns to each house of the national assembly. 9 the national assembly may, subject to the provision of this section, alter any of the provisions of this constitution. an act of the national assembly for the alteration of this constitution, not being an act to which section 8 of this constitution applies, shall not be passed in either house of the national assembly unless the proposal is supported by the votes of not less than two-thirds majority of all the members of that house and approved by resolution of the houses of assembly of not less than two-thirds of all the states. an act of the national assembly for the purpose of altering the provisions of this section, section 8 or chapter iv of this constitution shall not be passed by either house of the national assembly unless the proposal is approved by the votes of not less than four-fifths majority of all the members of each house, and also approved by resolution of the house of assembly of not less than two-third of all states. for the purposes of section 8 of this constitution and of subsections (2) and (3) of this section, the number of members of each house of the national assembly shall, notwithstanding any vacancy, be deemed to be the number of members specified in sections 48 and 49 of this constitution. the government of the federation or of a state shall not adopt any religion as state religion. 11 the national assembly may make laws for the federation or any part therefore with respect to the maintenance and securing of public safety and public order and providing, maintaining and securing of such supplies and service as may be designed by the national assembly as essential supplies and services. nothing in this section shall preclude a house of assembly from making laws with respect to the matter referred to in this section, including the provision for maintenance and securing of such supplies and services as may be designated by the national assembly as essential supplies and services. during any period when the federation is at war the national assembly may make such laws for the peace, order and good government of the federation or any part therefore with respect to matters not included in the exclusive legislative list as may appear to it to be necessary or expedient for the defence of the federation. at any time when any house of assembly of a state is unable to perform its functions by reason of the situation prevailing in that state, the national assembly may make such laws for the peace, order and good government of that state with respect to matters on which a house of assembly may make laws as may appear to the national assembly to be necessary or expedient until such time as the house of assembly is able to resume its functions; and any such laws enacted by the national assembly pursuant to this section shall have effect as if they were laws enacted by the house of assembly of the state: provided that nothing in this section shall be construed as conferring on the national assembly power to remove the governor or the deputy governor of the state from office. for the purposes of subsection (4) of this section, a house of assembly shall not be deemed to be unable to perform its functions so long as the house of assembly can hold a meeting and transact business. 12 no treaty between the federation and any other country shall have the force of law except to the extent to which any such treaty has been enacted into law by the national assembly. the national assembly may make laws for the federation or any part thereof with respect to matters not included in the exclusive legislative list for the purpose of implementing a treaty. a bill for an act of the national assembly passed pursuant to the provisions of subsection (2) of this section shall not be presented to the president for assent, and shall not be enacted unless it is ratified by a majority of all the house of assembly in the federation. chapter ii. fundamental objectives and directive principles of state policy it shall be the duty and responsibility of all organs of government, and of all authorities and persons, exercising legislative, executive or judicial powers, to conform to, observe and apply the provisions of this chapter of this constitution. 14 the federal republic of nigeria shall be a state based on the principles of democracy and social justice. it is hereby, accordingly, declared that: sovereignty belongs to the people of nigeria from whom government through this constitution derives all its powers and authority; the security and welfare of the people shall be the primary purpose of government; and the participation by the people in their government shall be ensured in accordance with the provisions of this constitution. the composition of the government of the federation or any of its agencies and the conduct of its affairs shall be carried out in such a manner as to reflect the federal character of nigeria and the need to promote national unity, and also to command national loyalty, thereby ensuring that there shall be no predominance of persons from a few states or from a few ethnic or other sectional groups in that government or in any of its agencies. the composition of the government of a state, a local government council, or any of the agencies of such government or council, and the conduct of the affairs of the government or council or such agencies shall be carried out in such manner as to recognise the diversity of the people within its area of authority and the need to promote a sense of belonging and loyalty among all the people of the federation. 15 the motto of the federal republic of nigeria shall be unity and faith, peace and progress. accordingly, national integration shall be actively encouraged, whilst discrimination on the grounds of place of origin, sex, religion, status, ethnic or linguistic association or ties shall be prohibited. for the purpose of promoting national integration, it shall be the duty of the state to: provide adequate facilities for and encourage free mobility of people, goods and services throughout the federation; secure full residence rights for every citizen in all parts of the federation; encourage inter-marriage among persons from different places of origin, or of different religious, ethnic or linguistic association or ties; and promote or encourage the formation of associations that cut across ethnic, linguistic, religious and or other sectional barriers. the state shall foster a feeling of belonging and of involvement among the various people of the federation, to the end that loyalty to the nation shall override sectional loyalties. the state shall abolish all corrupt practices and abuse of power. 16 the state shall, within the context of the ideals and objectives for which provisions are made in this constitutionharness the resources of the nation and promote national prosperity and an efficient, a dynamic and self-reliant economy; control the national economy in such manner as to secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity; without prejudice to its right to operate or participate in areas of the economy, other than the major sectors of the economy, manage and operate the major sectors of the economy; without prejudice to the right of any person to participate in areas of the economy within the major sector of the economy, protect the right of every citizen to engage in any economic activities outside the major sectors of the economy. the state shall direct its policy towards ensuring: the promotion of a planned and balanced economic development; that the material resources of the nation are harnessed and distributed as best as possible to serve the common good; that the economic system is not operated in such a manner as to permit the concentration of wealth or the means of production and exchange in the hands of few individuals or of a group; and that suitable and adequate shelter, suitable and adequate food, reasonable national minimum living wage, old age care and pensions, and unemployment, sick benefits and welfare of the disabled are provided for all citizens. a body shall be set up by an act of the national assembly which shall have powerto review, from time to time, the ownership and control of business enterprises operating in nigeria and make recommendations to the president on same; and to administer any law for the regulation of the ownership and control of such enterprises. for the purposes of subsection (1) of this sectionthe reference to the â��major sectors of the economyâ�� shall be construed as a reference to such economic activities as may, from time to time, be declared by a resolution of each house of the national assembly to be managed and operated exclusively by the government of the federation, and until a resolution to the contrary is made by the national assembly, economic activities being operated exclusively by the government of the federation on the date immediately preceding the day when this section comes into force, whether directly or through the agencies of a statutory or other corporation or company, shall be deemed to be major sectors of the economy; â��economic activitiesâ�� includes activities directly concerned with the production, distribution and exchange of weather or of goods and services; and â��participateâ�� includes the rendering of services and supplying of goods. 17 the state social order is founded on ideals of freedom, equality and justice. in furtherance of the social orderevery citizen shall have equality of rights, obligations and opportunities before the law; the sanctity of the human person shall be recognised and human dignity shall be maintained and enhanced; governmental actions shall be humane; exploitation of human or natural resources in any form whatsoever for reasons, other than the good of the community, shall be prevented; and the independence, impartiality and integrity of courts of law, and easy accessibility thereto shall be secured and maintained. the state shall direct its policy towards ensuring thatall citizens, without discrimination on any group whatsoever, have the opportunity for securing adequate means of livelihood as well as adequate opportunity to secure suitable employment; conditions of work are just and humane, and that there are adequate facilities for leisure and for social, religious and cultural life; the health, safety and welfare of all persons in employment are safeguarded and not endangered or abused; there are adequate medical and health facilities for all persons; there is equal pay for equal work without discrimination on account of sex, or on any other ground whatsoever; children, young persons and the aged are protected against any exploitation whatsoever, and against moral and material neglect; provision is made for public assistance in deserving cases or other conditions of need; and the evolution and promotion of family life is encouraged. 18 government shall direct its policy towards ensuring that there are equal and adequate educational opportunities at all levels. government shall promote science and technology. government shall strive to eradicate illiteracy; and to this end government shall as and when practicable providefree, compulsory and universal primary education; free secondary education; free university education; and free adult literacy programme. the foreign policy objectives shall bepromotion and protection of the national interest; promotion of african integration and support for african unity; promotion of international co-operation for the consolidation of universal peace and mutual respect among all nations and elimination of discrimination in all its manifestations; respect for international law and treaty obligations as well as the seeking of settlement of international disputes by negotiation, mediation, conciliation, arbitration and adjudication; and promotion of a just world economic order. the state shall protect and improve the environment and safeguard the water, air and land, forest and wild life of nigeria. the state shallprotect, preserve and promote the nigerian cultures which enhance human dignity and are consistent with the fundamental objectives as provided in this chapter; and encourage development of technological and scientific studies which enhance cultural values. the press, radio, television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives contained in this chapter and uphold the responsibility and accountability of the government to the people. the national ethics shall be discipline, integrity, dignity of labour, social justice, religious tolerance, self-reliance and patriotism. it shall be the duty of every citizen toabide by this constitution, respect its ideals and its institutions, the national flag, the national anthem, the national pledge, and legitimate authorities; help to enhance the power, prestige and good name of nigeria, defend nigeria and render such national service as may be required; respect the dignity of other citizens and the rights and legitimate interests of others and live in unity and harmony and in the spirit of common brotherhood; make positive and useful contribution to the advancement, progress and well-being of the community where he resides; render assistance to appropriate and lawful agencies in the maintenance of law and order; and declare his income honestly to appropriate and lawful agencies and pay his tax promptly. chapter iii. citizenship 25 the following persons are citizens of nigeria by birth namelyevery person born in nigeria before the date of independence, either of whose parents or any of whose grandparents belongs or belonged to a community indigenous to nigeria: provided that a person shall not become a citizen of nigeria by virtue of this section if neither of his parents nor any of his grandparents was born in nigeria; every person born in nigeria after the date of independence either of whose parents or any of whose grandparents is a citizen of nigeria; and every person born outside nigeria either of whose parents is a citizen of nigeria. in this section, â��the date of independenceâ�� means the 1st day of october 1960. 26 subject to the provisions of section 28 of this constitution, a person to whom the provisions of this section apply may be registered as a citizen of nigeria, if the president is satisfied thathe is a person of good character; he has shown a clear intention of his desire to be domiciled in nigeria; and he has taken the oath of allegiance prescribed in the seventh schedule to this constitution. the provisions of this section shall apply toany woman who is or has been married to a citizen of nigeria; or every person of full age and capacity born outside nigeria any of whose grandparents is a citizen of nigeria. 27 subject to the provisions of section 28 of this constitution, any person who is qualified in accordance with the provisions of this section may apply to the president for the same of a certificate of naturalisation. no person shall be qualified to apply for the grant of a certificate or naturalisation, unless he satisfies the president thathe is a person of full age and capacity; he is a person of good character; he has shown a clear intention of his desire to be domiciled in nigeria; he is, in the opinion of the governor of the state where he is or he proposes to be resident, acceptable to the local community in which he is to live permanently, and has been assimilated into the way of life of nigerians in that part of the federation; he is a person who has made or is capable of making useful contribution to the advancement; progress and well-being of nigeria; he has taken the oath of allegiance prescribed in the seventh schedule to this constitution; and he has, immediately preceding the date of his application, eitherresided in nigeria for a continuous period of fifteen years; or resided in nigeria continuously for a period of twelve months, and during the period of twenty years immediately preceding that period of twelve months has resided in nigeria for periods amounting in the aggregate to not less than fifteen years. 28 subject to the other provisions of this section, a person shall forfeit forthwith his nigerian citizenship if, not being a citizen of nigeria by birth, he acquires or retains the citizenship or nationality of a country, other than nigeria, of which he is not a citizen by birth. any registration of a person as a citizen of nigeria or the grant of a certificate of naturalisation to a person who is a citizen of a country other than nigeria at the time of such registration or grant shall, if he is not a citizen by birth of that other country, be conditional upon effective renunciation of the citizenship or nationality of that other country within a period of not more than five months from the date of such registration or grant. 29 any citizen of nigeria of full age who wishes to renounce his nigerian citizenship shall make a declaration in the prescribed manner for the renunciation. the president shall cause the declaration made under subsection (1) of this section to be registered and upon such registration, the person who made the declaration shall cease to be a citizen of nigeria. the president may withhold the registration of any declaration made under subsection (1) of this section ifthe declaration is made during any war in which nigeria is physically involved; or in his opinion, it is otherwise contrary to public policy. for the purposes of subsection (1) of this sectionâ��full ageâ�� means the age of eighteen years and above; any woman who is married shall be deemed to be of full age. 30 the president may deprive a person, other than a person who is a citizen of nigeria by birth or by registration, of his citizenship, if he is satisfied that such a person has, within a period of seven years after becoming naturalised, been sentenced to imprisonment for a term of not less than three years. the president shall deprive a person, other than a person who is citizen of nigeria by birth, of his citizenship, if he is satisfied from the records of proceedings of a court of law or other tribunal or after due inquiry in accordance with regulations made by him, thatthe person has shown himself by act or speech to be disloyal towards the federal republic of nigeria; or the person has, during any war in which nigeria was engaged, unlawfully traded with the enemy or been engaged in or associated with any business that was in the opinion of the president carried on in such a manner as to assist the enemy of nigeria in that war, or unlawfully communicated with such enemy to the detriment of or with intent to cause damage to the interest of nigeria. for the purposes of this chapter, a parent or grandparent of a person shall be deemed to be a citizen of nigeria if at the time of the birth of that person such parent or grandparent would have possessed that status by birth if he had been alive on the date of independence; and in this section, â��the date of independenceâ�� has the meaning assigned to it in section 25(2) of this constitution. 32 the president may make regulations, not inconsistent with this chapter, prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this chapter, and for granting special immigrant status with full residential rights to non-nigerian spouses of citizens of nigeria who do not wish to acquire nigerian citizenship. any regulations made by the president pursuant to the provisions of this section shall be laid before the national assembly. chapter iv. fundamental rights 33 every person has a right to life, and no one shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offence of which he has been found guilty in nigeria. a person shall not be regarded as having been deprived of his life in contravention of this section, if he dies as a result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably necessaryfor the defence of any person from unlawful violence or for the defence of property; in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; or for the purpose of suppressing a riot, insurrection or mutiny. 34 every individual is entitled to respect for the dignity of his person, and accordinglyno person shall be subject to torture or to inhuman or degrading treatment; no person shall he held in slavery or servitude; and no person shall be required to perform forced or compulsory labour. for the purposes of subsection (1) (c) of this section, â��forced or compulsory labourâ�� does not includeany labour required in consequence of the sentence or order of a court; any labour required of members of the armed forces of the federation or the nigeria police force in pursuance of their duties as such; in the case of persons who have conscientious objections to service in the armed forces of the federation, any labour required instead of such service; any labour required which is reasonably necessary in the event of any emergency or calamity threatening the life or well-being of the community; or any labour or service that forms part ofnormal communal or other civic obligations of the well-being of the community, such compulsory national service in the armed forces of the federation as may be prescribed by an act of the national assembly, or such compulsory national service which forms part of the education and training of citizens of nigeria as may be prescribed by an act of the national assembly. 35 every person shall be entitled to his personal liberty and no person shall be deprived of such liberty save in the following cases and in accordance with a procedure permitted by lawin execution of the sentence or order of a court in respect of a criminal offence of which he has been found guilty; by reason of his failure to comply with the order of a court or in order to secure the fulfilment of any obligation imposed upon him by law; for the purpose of bringing him before a court in execution of the order of a court or upon reasonable suspicion of his having committed a criminal offence, or to such extent as may be reasonably necessary to prevent his committing a criminal offence; in the case of a person who has not attained the age of eighteen years for the purpose of his education or welfare; in the case of persons suffering from infectious or contagious disease, persons of unsound mind, persons addicted to drugs or alcohol or vagrants, for the purpose of their care or treatment or the protection of the community; or for the purpose of preventing the unlawful entry of any person into nigeria or of effecting the expulsion, extradition or other lawful removal from nigeria of any person or the taking of proceedings relating thereto: provided that a person who is charged with an offence and who has been detained in lawful custody awaiting trial shall not continue to be kept in such detention for a period longer than the maximum period of imprisonment prescribed for the offence. any person who is arrested or detained shall have the right to remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice. any person who is arrested or detained shall be informed in writing within twenty-four hours (and in a language that he understands) of the facts and grounds for his arrest or detention. any person who is arrested or detained in accordance with subsection (1) (c) of this section shall be brought before a court of law within a reasonable time, and if he is not tried within a period oftwo months from the date of his arrest or detention in the case of a person who is in custody or is not entitled to bail; or three months from the date of his arrest or detention in the case of a person who has been released on bail, he shall (without prejudice to any further proceedings that may be brought against him) be released either unconditionally or upon such conditions as are reasonably necessary to ensure that he appears for trial at a later date. in subsection (4) of this section, the expression â��a reasonable timeâ�� meansin the case of an arrest or detention in any place where there is a court of competent jurisdiction within a radius of forty kilometres, a period of one day; and in any other case, a period of two days or such longer period as in the circumstances may be considered by the court to be reasonable. any person who is unlawfully arrested or detained shall be entitled to compensation and public apology from the appropriate authority or person; and in this subsection, â��the appropriate authority or personâ�� means an authority or person specified by law. nothing in this section shall be construedin relation to subsection (4) of this section, as applying in the case of a person arrested or detained upon reasonable suspicion of having committed a capital offence; and as invalidating any law by reason only that it authorises the detention for a period not exceeding three months of a member of the armed forces of the federation or a member of the nigeria police force in execution of a sentence imposed by an officer of the armed forces of the federation or of the nigeria police force, in respect of an offence punishable by such detention of which he has been found guilty. 36 in the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality. without prejudice to the foregoing provisions of this section, a law shall not be invalidated by reason only that it confers on any government or authority power to determine questions arising in the administration of a law that affects or may affect the civil rights and obligations of any person if such lawprovides for an opportunity for the persons whose rights and obligations may be affected to make representations to the administering authority before that authority makes the decision affecting that person; and contains no provision making the determination of the administering authority final and conclusive. the proceedings of a court or the proceedings of any tribunal relating to the matters mentioned in subsection (1) of this section (including the announcement of the decisions of the court or tribunal) shall be held in public. whenever any person is charged with a criminal offence, he shall, unless the charge is withdrawn, be entitled to a fair hearing in public within a reasonable time by a court or tribunal: provided thata court or such a tribunal may exclude from its proceedings persons other than the parties thereto or their legal practitioners in the interest of defence, public safety, public order, public morality, the welfare of persons who have not attained the age of eighteen years, the protection of the private lives of the parties or to such extent as it may consider necessary by reason of special circumstances in which publicity would be contrary to the interests of justice; if in any proceedings before a court or such a tribunal, a minister of the government of the federation or a commissioner of the government of a state satisfies the court or tribunal that it would not be in the public interest for any matter to be publicly disclosed, the court or tribunal shall make arrangements for evidence relating to that matter to be heard in private and shall take such other action as may be necessary or expedient to prevent the disclosure of the matter. every person who is charged with a criminal offence shall be presumed to be innocent until he is proved guilty: provided that nothing in this section shall invalidate any law by reason only that the law imposes upon any such person the burden of proving particular facts. every person who is charged with a criminal offence shall be entitled tobe informed promptly in the language that he understands and in detail of the nature of the offence; be given adequate time and facilities for the preparation of his defence; defend himself in person or by legal practitioners of his own choice; examine, in person or by his legal practitioners, the witnesses called by the prosecution before any court or tribunal and obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court or tribunal on the same conditions as those applying to the witnesses called by the prosecution; and have, without payment, the assistance of an interpreter if he cannot understand the language used at the trial of the offence. when any person is tried for any criminal offence, the court or tribunal shall keep a record of the proceedings and the accused person or any persons authorised by him in that behalf shall be entitled to obtain copies of the judgement in the case within seven days of the conclusion of the case. no person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence heavier than the penalty in force at the time the offence was committed. no person who shows that he has been tried by any court of competent jurisdiction or tribunal for a criminal offence and either convicted or acquitted shall again be tried for that offence or for a criminal offence having the same ingredients as that offence save upon the order of a superior court. no person who shows that he has been pardoned for a criminal offence shall again be tried for that offence. no person who is tried for a criminal offence shall be compelled to give evidence at the trial. subject as otherwise provided by this constitution, a person shall not be convicted of a criminal offence unless that offence is defined and the penalty therefor is prescribed in a written law, and in this subsection, a written law refers to an act of the national assembly or a law of a state, any subsidiary legislation or instrument under the provisions of a law. the privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications is hereby guaranteed and protected. 38 every person shall be entitled to freedom of thought, conscience and religion, including freedom to change his religion or belief, and freedom (either alone or in community with others, and in public or in private) to manifest and propagate his religion or belief in worship, teaching, practice and observance. no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if such instruction ceremony or observance relates to a religion other than his own, or religion not approved by his parent or guardian. no religious community or denomination shall be prevented from providing religious instruction for pupils of that community or denomination in any place of education maintained wholly by that community or denomination. nothing in this section shall entitle any person to form, take part in the activity or be a member of a secret society. 39 every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference. without prejudice to the generality of subsection (1) of this section, every person shall be entitled to own, establish and operate any medium for the dissemination of information, ideas and opinions: provided that no person, other than the government of the federation or of a state or any other person or body authorised by the president on the fulfilment of conditions laid down by an act of the national assembly, shall own, establish or operate a television or wireless broadcasting station for, any purpose whatsoever. nothing in this section shall invalidate any law that is reasonably justifiable in a democratic societyfor the purpose of preventing the disclosure of information received in confidence, maintaining the authority and independence of courts or regulating telephony, wireless broadcasting, television or the exhibition of cinematograph films; or imposing restrictions upon persons holding office under the government of the federation or of a state, members of the armed forces of the federation or members of the nigeria police force or other government security services or agencies established by law. every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any other association for the protection of his interests: provided that the provisions of this section shall not derogate from the powers conferred by this constitution on the independent national electoral commission with respect to political parties to which that commission does not accord recognition. 41 every citizen of nigeria is entitled to move freely throughout nigeria and to reside in any part thereof, and no citizen of nigeria shall be expelled from nigeria or refused entry thereby or exit therefrom. nothing in subsection (1) of this section shall invalidate any law that is reasonably justifiable in a democratic societyimposing restrictions on the residence or movement of any person who has committed or is reasonably suspected to have committed a criminal offence in order to prevent him from leaving nigeria; or providing for the removal of any person from nigeria to any other country to:be tried outside nigeria for any criminal offence, or undergo imprisonment outside nigeria in execution of the sentence of a court of law in respect of a criminal offence of which he has been found guilty: provided that there is reciprocal agreement between nigeria and such other country in relation to such matter. 42 a citizen of nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person:be subjected either expressly by, or in the practical application of, any law in force in nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions are not made subject; or be accorded either expressly by, or in the practical application of, any law in force in nigeria or any such executive or administrative action, any privilege or advantage that is not accorded to citizens of nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions. no citizen of nigeria shall be subjected to any disability or deprivation merely by reason of the circumstances of his birth. nothing in subsection (1) of this section shall invalidate any law by reason only that the law imposes restrictions with respect to the appointment of any person to any office under the state or as a member of the armed forces of the federation or member of the nigeria police forces or to an office in the service of a body, corporate established directly by any law in force in nigeria. subject to the provisions of this constitution, every citizen of nigeria shall have the right to acquire and own immovable property anywhere in nigeria. 44 no moveable property or any interest in an immovable property shall be taken possession of compulsorily and no right over or interest in any such property shall be acquired compulsorily in any part of nigeria except in the manner and for the purposes prescribed by a law that, among other thingsrequires the prompt payment of compensation therefore; and gives to any person claiming such compensation a right of access for the determination of his interest in the property and the amount of compensation to a court of law or tribunal or body having jurisdiction in that part of nigeria. nothing in subsection (1) of this section shall be construed as affecting any general lawfor the imposition or enforcement of any tax, rate or duty; for the imposition of penalties or forfeiture for breach of any law, whether under civil process or after conviction for an offence; relating to leases, tenancies, mortgages, charges, bills of sale or any other rights or obligations arising out of contracts; relating to the vesting and administration of property of persons adjudged or otherwise declared bankrupt or insolvent, of persons of unsound mind or deceased persons, and of corporate or unincorporate bodies in the course of being wound-up; relating to the execution of judgements or orders of court; providing for the taking of possession of property that is in a dangerous state or is injurious to the health of human beings, plants or animals; relating to enemy property; relating to trusts and trustees; relating to limitation of actions; relating to property vested in bodies corporate directly established by any law in force in nigeria; relating to the temporary taking of possession of property for the purpose of any examination, investigation or enquiry; providing for the carrying out of work on land for the purpose of soil-conservation; or subject to prompt payment of compensation for damage to buildings, economic trees or crops, providing for any authority or person to enter, survey or dig any land, or to lay, install or erect poles, cables, wires, pipes, or other conductors or structures on any land, in order to provide or maintain the supply or distribution of energy, fuel, water, sewage, telecommunication services or other public facilities or public utilities. notwithstanding the foregoing provisions of this section, the entire property in and control of all minerals, mineral oils and natural gas in under or upon any land in nigeria or in, under or upon the territorial waters and the exclusive economic zone of nigeria shall vest in the government of the federation and shall be managed in such manner as may be prescribed by the national assembly. 45 nothing in sections 37, 38, 39, 40 and 41 of this constitution shall invalidate any law that is reasonably justifiable in a democratic societyin the interest of defence, public safety, public order, public morality or public health; or for the purpose of protecting the rights and freedom or other persons. an act of the national assembly shall not be invalidated by reason only that it provides for the taking, during periods of emergency, of measures that derogate from the provisions of section 33 or 35 of this constitution; but no such measures shall be taken in pursuance of any such act during any period of emergency save to the extent that those measures are reasonably justifiable for the purpose of dealing with the situation that exists during that period of emergency: provided that nothing in this section shall authorise any derogation from the provisions of section 33 of this constitution, except in respect of death resulting from acts of war or authorise any derogation from the provisions of section 36(8) of this constitution. in this section, a â��period of emergencyâ�� means any period during which there is in force a proclamation of a state of emergency declared by the president in exercise of the powers conferred on him under section 305 of this constitution. 46 any person who alleges that any of the provisions of this chapter has been, is being or likely to be contravened in any state in relation to him may apply to a high court in that state for redress. subject to the provisions of this constitution, a high court shall have original jurisdiction to hear and determine any application made to it in pursuance of this section and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcement or securing the enforcing within that state of any right to which the person who makes the application may be entitled under this chapter. the chief justice of nigeria may make rules with respect to the practice and procedure of a high court for the purposes of this section. the national assemblymay confer upon a high court such powers in addition to those conferred by this section as may appear to the national assembly to be necessary or desirable for the purpose of enabling the court more effectively to exercise the jurisdiction conferred upon it by this section; and shall make provisionsfor the rendering of financial assistance to any indigent citizen of nigeria where his right under this chapter has been infringed or with a view to enabling him to engage the services of a legal practitioner to prosecute his claim, and for ensuring that allegations of infringement of such rights are substantial and the requirement or need for financial or legal aid is real. chapter v. the legislature part i. national assembly a. composition and staff of national assembly there shall be a national assembly for the federation which shall consist of a senate and a house of representatives. the senate shall consist of three senators from each state and one from the federal capital territory, abuja. subject to the provisions of this constitution, the house of representatives shall consist of three hundred and sixty members representing constituencies of nearly equal population as far as possible, provided that no constituency shall fall within more than one state. 50 there shall be:a president and a deputy president of the senate, who shall be elected by the members of that house from among themselves; and a speaker and a deputy speaker of the house of representatives, who shall be elected by the members of that house from among themselves. the president or deputy president of the senate or the speaker or deputy speaker of the house of representatives shall vacate his officeif he ceases to be a member of the senate or of the house of representatives, as the case may be, otherwise than by reason of a dissolution of the senate or the house of representatives; or when the house of which he was a member first sits after any dissolution of that house; or if he is removed from office by a resolution of the senate or of the house of representatives, as the case may be, by the votes of not less than two-thirds majority of the members of that house. there shall be a clerk to the national assembly and such other staff as may be prescribed by an act of the national assembly, and the method of appointment of the clerk and other staff of the national assembly shall be as prescribed by that act. b. procedure for summoning and dissolution of national assembly 52 every member of the senate or the house of representatives shall, before taking his seat, declare his assets and liabilities as prescribed in this constitution and subsequently take and subscribe the oath of allegiance and the oath of membership as prescribed in the seventh schedule to this constitution before the president of the senate or, as the case may be, the speaker of the house of representatives, but a member may before taking the oaths take part in the election of a president and a deputy president of the senate, as the case may be, or a speaker and a deputy speaker of the house of representatives. the president and deputy president of the senate and the speaker and the deputy speaker of the house of representatives shall declare their assets and liabilities as prescribed in this constitution and subsequently take and subscribe the oath of allegiance and the oath of membership prescribed as aforesaid before the clerk of the national assembly. 53 at any sitting of the national assemblyin the case of the senate, the president of the senate shall preside, and in his absence the deputy president shall preside; and in the case of the house of representatives, the speaker of that house shall preside, and in his absence the deputy speaker shall preside. at any joint sitting of the senate and house of representativesthe president of senate shall preside, and in his absence the speaker of the house of representatives shall preside; and in the absence of the persons mentioned in paragraph (a) of this subsection, the deputy president of the senate shall preside, and in his absence the deputy speaker of the house of representatives shall preside. in the absence of the persons mentioned in the foregoing provisions of this section, such member of the senate or the house of representatives or of the joint sitting, as the case may be, as the senate or the house of representatives or the joint sitting may elect for that purpose shall preside. 54 the quorum of the senate or of the house of representatives shall be one-third of all the members on of the legislative house concerned. the quorum of a joint sitting of both the senate or of the house of representatives shall be one-third of all the members of both houses. if objection is taken by any member of the senate or the house of representatives present that there are present in the house of which he is a member (besides the person presiding) fewer than one-third of all the members of that house and that it is not competent for the house to transact business, and after such interval as may be prescribed in the rules of procedure of the house, the person presiding ascertains that the number of members present is still less than one-third of all the members of the house he shall adjourn the house. the foregoing provisions of this section shall apply in relation to a joint sitting of both houses of the national assembly as they apply in relation to a house of the national assembly as if references to the senate or the house of representatives and a member of either houses are references to both houses and to any member of the national assembly, respectively. the business of the national assembly shall be conducted in english, and in hausa, ibo and yoruba when adequate arrangements have been made therefor. 56 except as otherwise provided by this constitution any question proposed for decision in the senate or the house of representatives shall be determined by the required majority or the members present and voting; and the person presiding shall cast a vote whenever necessary to avoid an equality of votes but shall not vote in any other case. except as otherwise provided by this constitution, the required majority for the purpose of determining any question shall be a simple majority. the senate or the house of representatives shall by its rules providethat a member of the house shall declare any direct pecuniary interest he may have in any matter coming before the house for deliberation; that the house may by resolution decide whether or not such member may vote, or participate in its deliberations, on such matter; the penalty, if any, which the house may impose for failure to declare any direct pecuniary interest such member may have; and for such other matters pertaining to the foregoing as the house may think necessary, but nothing in the foregoing provisions shall enable any rules to be made to require any member, who signifies his intention not to vote on or participate in such matter, and who does not so vote or participate, to declare any such interest. any person who sits or votes in the senate or the house of representatives knowing or having reasonable grounds for knowing that he is not entitled to do so commits an offence and is liable on conviction to such punishment as shall be prescribed by an act of the national assembly. 58 the power of the national assembly to make laws shall be exercised by bills passed by both the senate and the house of representatives and, except as otherwise provided by subsection (5) of this section, assented to by the president. a bill may originate in either the senate or the house of representatives and shall not become law unless it has been passed and, except as otherwise provided by this section and section 59 of this constitution, assented to in accordance with the provisions of this section. where a bill has been passed by the house in which it originated, it shall be sent to the other house, and it shall be presented to the president for assent when it has been passed by that other house and agreement has been reached between the two houses on any amendment made on it. where a bill is presented to the president for assent, he shall within thirty days thereof signify that he assents or that he withholds assent. where the president withholds his assent and the bill is again passed by each house by two-thirds majority, the bill shall become law and the assent of the president shall not be required. 59 the provisions of this section shall apply to: an appropriation bill or a supplementary appropriation bill, including any other bill for the payment, issue or withdrawal from the consolidated revenue fund or any other public fund of the federation of any money charged thereon or any alteration in the amount of such a payment, issue or withdrawal; and a bill for the imposition of or increase in any tax, duty or fee or any reduction, withdrawal or cancellation thereof. where a bill to which this section applies is passed by one of the houses of the national assembly but is not passed by the other house within a period of two months from the commencement of a financial year, the president of the senate shall within fourteen days thereafter arrange for and convene a meeting of the joint finance committee to examine the bill with a view to resolving the differences between the two houses. where the joint finance committee fails to resolve such differences, then the bill shall be presented to the national assembly sitting at a joint meeting, and if the bill is passed at such joint meeting, it shall be presented to the president for assent. where the president, within thirty days after the presentation of the bill to him, fails to signify his assent or where he withholds assent, then the bill shall again be presented to the national assembly sitting at a joint meeting, and if passed by two-thirds majority of members of both houses at such joint meeting, the bill shall become law and the assent of the president shall not be required. in this section, â��joint finance committeeâ�� refers to the joint committee of the national assembly on finance established pursuant to section 62(3) of this constitution. subject to the provisions of this constitution, the senate or the house of representatives shall have power to regulate its own procedure, including the procedure for summoning and recess of the house. the senate or the house of representatives may act notwithstanding any vacancy in its membership, and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the house shall not invalidate those proceedings. 62 the senate or the house of representatives may appoint a committee of its members for such special or general purpose as in its opinion would be better regulated and managed by means of such a committee, and may by resolution, regulation or otherwise, as it thinks fit, delegate any functions exercisable by it to any such committee. the number of members of a committee appointed under this section, their terms of office and quorum shall be fixed by the house appointing it. the senate and the house of representatives shall appoint a joint committee on finance consisting of an equal number of persons appointed by each house and may appoint any other joint committee under the provisions of this section. nothing in this section shall be construed as authorising such house to delegate to a committee the power to decide whether a bill shall be passed into law or to determine any matter which it is empowered to determine by resolution under the provisions of this constitution, but the committee may be authorised to make recommendations to the house on any such matter. the senate and the house of representatives shall each sit for a period of not less than one hundred and eighty-one days in a year. 64 the senate and the house of representatives shall each stand dissolved at the expiration of a period of four years commencing from the date of the first sitting of the house. if the federation is at war in which the territory of nigeria is physically involved and the president considers that it is not practicable to hold elections, the national assembly may by resolution extend the period of four years mentioned in subsection (1) of this section from time to time but not beyond a period of six months at any one time. subject to the provisions of this constitution, the person elected as the president shall have power to issue a proclamation for the holding of the first session of the national assembly immediately after his being sworn in, or for its dissolution as provided in this section. c. qualifications for membership of national assembly and right of attendance 65 subject to the provisions of section 66 of this constitution, a person shall be qualified for election as a member of: the senate, if he is a citizen of nigeria and has attained the age of 35 years; and the house of representatives, if he is a citizen of nigeria and has attained the age of 30 years; a person shall be qualified for election under subsection (1) of this section if: he has been educated up to at least school certificate level or its equivalent; and he is a member of a political party and is sponsored by that party. 66 no person shall be qualified for election to the senate or the house of representatives if: subject to the provisions of section 28 of this constitution, he has voluntarily acquired the citizenship of a country other than nigeria or, except in such cases as may be prescribed by the national assembly, has made a declaration of allegiance to such a country; under any law in force in any part of nigeria, he is adjudged to be a lunatic or otherwise declared to be of unsound mind; he is under a sentence of death imposed on him by any competent court of law or tribunal in nigeria or a sentence of imprisonment or fine for an offence involving dishonesty or fraud (by whatever name called) or any other offence imposed on him by such a court or tribunal or substituted by a competent authority for any other sentence imposed on him by such a court; within a period of less than 10 years before the date of an election to a legislative house, he has been convicted and sentenced for an offence involving dishonesty or he has been found guilty of a contravention of the code of conduct; he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of nigeria; he is a person employed in the public service of the federation or of any state and has not resigned, withdrawn or retired from such employment 30 days before the date of election; he is a member of a secret society; [deleted by the constitution of the federal republic of nigeria (first alteration) act, 2010] he has presented a forged certificate to the independence national electoral commission. where in respect of any person who has beenadjudged to be a lunatic; declared to be of unsound mind; sentenced to death or imprisonment; or adjudged or declared bankrupt, any appeal against the decision is pending in any court of law in accordance with any law in force in nigeria, subsection (1) of the section shall not apply during a period beginning from the date when such appeal is lodged and ending on the date when the appeal is finally determined or, as the case may be, the appeal lapses or is abandoned, whichever is earlier. for the purposes of subsection (2) of this section â��appealâ�� includes any application for an injunction or an order certiorari, mandamus, prohibition or habeas corpus, or any appeal from any such application. 67 the president may attend any joint meeting of the national assembly or any meeting of either house of the national assembly, either to deliver an address on national affairs including fiscal measures, or to make such statement on the policy of government as he considers to be of national importance. a minister of the government of the federation attends either house of the national assembly if invited to express to the house the conduct of his ministry, and in particular when the affairs of that ministry are under discussion. nothing in this section shall enable any person who is not a member of the senate or of the house of representatives to vote in that house or in any of its committees. 68 a member of the senate or of the house of representatives shall vacate his seat in the house of which he is a member ifhe becomes a member of another legislative house; any other circumstances arise that, if he were not a member of the senate or the house of representatives, would cause him to be disqualified for election as a member; he ceases to be a citizen of nigeria; he becomes president, vice-president, governor, deputy governor or a minister of the government of the federation or a commissioner of the government of a state or a special adviser; save as otherwise prescribed by this constitution, he becomes a member of a commission or other body established by this constitution or by any other law; without just cause he is absent from meetings of the house of which he is a member for a period amounting in the aggregate to more than one-third of the total number of days during which the house meets in any one year; being a person whose election to the house was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that house was elected: provided that his membership of the latter political party is not as a result of a division in the political party of which he was previously a member or of a merger of two or more political parties or factions by one of which he was previously sponsored; or the president of the senate or, as the case may be, the speaker of the house of representatives receives a certificate under the hand of the chairman of the independent national electoral commission stating that the provisions of section 69 of this constitution have been complied with in respect of the recall of that member. the president of the senate or the speaker of the house of representatives, as the case may be, shall give effect to the provisions of subsection (1) of this section, so however that the president of the senate or the speaker of the house of representatives or a member shall first present evidence satisfactory to the house concerned that any of the provisions of that subsection has become applicable in respect of that member. a member of the senate or of the house of representatives shall be deemed to be absent without just cause from a meeting of the house of which he is a member, unless the person presiding certifies in writing that he is satisfied that the absence of the member from the meeting was for a just cause. a member of the senate or of the house representatives may be recalled as such a member ifthere is presented to the chairman of the independent national electoral commission a petition in that behalf signed by more than one-half of the persons registered to vote in that memberâ��s constituency alleging their loss of confidence in that member and which signatures are duly verified by the independent national electoral commission; and the petition is thereafter, in a referendum conducted by the independent national electoral commission within ninety days of the date of receipt of the petition, approved by a simple majority of the votes of the persons registered to vote in that memberâ��s constituency. a member of the senate or of the house of representatives shall receive such salary and other allowances as revenue mobilisation allocation and fiscal commission may determine. d. elections to national assembly subject to the provisions of section 72 of this constitution, the independent national electoral commission shalldivide each state of the federation into three senatorial districts for purposes of elections to the senate; and subject to the provisions of section 49 of this constitution, divide the federation into three hundred and sixty federal constituencies for purposes of elections to the house of representatives. no senatorial district or federal constituency shall fall within more than one state, and the boundaries of each district or constituency shall be as contiguous as possible and be such that the number of inhabitants thereof is as nearly equal to the population quota as is reasonably practicable. 73 the independent national electoral commission shall review the division of states and of the federation into senatorial districts and federal constituencies at intervals of not less than ten years, and may alter the districts or constituencies in accordance with the provisions of this section to such extent as it may consider desirable in the light of the review. notwithstanding subsection (1) of this section, the independent national electoral commission may at any time carry out such a review and alter the districts or constituencies in accordance with the provisions of this section to such extent as it considers necessary, in consequence of any amendment to section 8 of this constitution or any provision replacing that section, or by reason of the holding of a census of the population, or pursuant to an act of the national assembly. where the boundaries of any senatorial district or federal constituency established under section 71 of this constitution are altered in accordance with the provisions section 73 hereof, the alteration shall come into effect after it has been approved by each house of the national assembly and after the current life of the senate (in the case of an alteration to the boundaries of a senatorial district) or the house of representatives (in the case of an alteration to the boundaries of a federal constituency). for the purposes of section 72 of this constitution, the number of inhabitants of nigeria or any part thereof shall be ascertained by reference to or the latest census held in pursuance of an act of the national assembly. 76 elections to each house of the national assembly shall be held on a date to be appointed by the independent national electoral commission in accordance with the electoral act. the date mentioned in subsection (1) of this section shall not be earlier than one hundred and fifty days and not later than one hundred and twenty days before, or where the election to fill a vacancy occurring more than ninety days before such date, not later than thirty days after the vacancy occurred. 77 subject to the provisions of this constitution, every senatorial district or federal constituency established in accordance with the provisions of this part of this chapter shall return a member who shall be directly elected to the senate or the house of representatives in such manner as may be prescribed by an act of the national assembly. every citizen of nigeria, who has attained the age of eighteen years residing in nigeria at the time of the registration of voters for purposes of election to a legislative house, shall be entitled to be registered as a voter for that election. the registration of voters and the conduct of elections shall be subject to the direction and supervision of independent national electoral commission. the national assembly shall make provisions as respectspersons who may apply to an election tribunal for determination of any question as to whetherany person has been validly elected as a member of the senate or of the house of representatives, the term of office of any person has ceased, or the seat in the senate or in the house of representatives of a member of that house has become vacant; circumstances and manner in which, and the conditions upon which, such application may be made; and powers, practice and procedure of the election tribunal in relation to any such application. e. powers and control over public funds 80 all revenues or other moneys raised or received by the federation (not being revenues or other moneys payable under this constitution or any act of the national assembly into any other public fund of the federation established for a specific purpose) shall be paid into and form one consolidated revenue fund of the federation. no moneys shall be withdrawn from the consolidated revenue fund of the federation except to meet expenditure that is charged upon the fund by this constitution or where the issue of those moneys has been authorised by an appropriation act, supplementary appropriation act or an act passed in pursuance of section 81 of this constitution. no moneys shall be withdrawn from any public fund of the federation, other than the consolidated revenue fund of the federation, unless the issue of those moneys has been authorised by an act of the national assembly. no moneys shall be withdrawn from the consolidated revenue fund or any other public fund of the federation, except in the manner prescribed by the national assembly. 81 the president shall cause to be prepared and laid before each house of the national assembly at any time in each financial year estimates of the revenues and expenditure of the federation for the next following financial year. the heads of expenditure contained in the estimates (other than expenditure charged upon the consolidated revenue fund of the federation by this constitution) shall be included in a bill, to be known as an appropriation bill, providing for the issue from the consolidated revenue fund of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified therein. the amount standing to the credit of theindependent national electoral commission, national assembly, and judiciary, in the consolidated revenue fund of the federation shall be paid directly to the said bodies respectively; in the case of the judiciary, such amount shall be paid to the national judicial council for disbursement to the heads of the courts established for the federation and the states under section 6 of this constitution. if in respect of any financial year it is found thatthe amount appropriated by the appropriation act for any purpose is insufficient; or a need has arisen for expenditure for a purpose for which no amount has been appropriated by the act, a supplementary estimate showing the sums required shall be laid before each house of the national assembly and the heads of any such expenditure shall be included in a supplementary appropriation bill. if the appropriation bill in respect of any financial year has not been passed into law by the beginning of the financial year, the president may authorise the withdrawal of moneys in the consolidated revenue fund of the federation for the purpose of meeting expenditure necessary to carry on the services of the government of the federation for a period not exceeding months or until the coming into operation of the appropriate act, whichever is the earlier: provided that the withdrawal in respect of any such period shall not exceed the amount authorised to be withdrawn from the consolidated revenue fund of the federation under the provisions of the appropriation act passed by the national assembly for the corresponding period in the immediately preceding financial year, being an amount proportionate to the total amount so authorised for the immediately preceding financial year. 83 the national assembly may by law make provisions for the establishment of a contingencies fund for the federation and for authorising the president, if satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from the fund to meet the need. where any advance is made in accordance with the provisions of this section, a supplementary estimate shall be presented and a supplementary appropriation bill shall be introduced as soon as possible for the purpose of replacing the amount so advanced. 84 there shall be paid to the holders of the offices mentioned in this section such remuneration, salaries and allowances as may be prescribed by the national assembly, but not exceeding the amount as shall have been determined by the revenue mobilisation allocation and fiscal commission. the remuneration, salaries and allowances payable to the holders of the offices so mentioned shall be a charge upon the consolidated revenue fund of the federation. the remuneration and salaries payable to the holders of the said offices and their conditions of service, other than allowances, shall not be altered to their disadvantage after their appointment. the offices aforesaid are the offices of president, vice-president, chief justice of nigeria, justice of the supreme court, president of the court of appeal, justice of the court of appeal, chief judge of the federal high court, judge of the federal high court, president of the national industrial court, judge of the national industrial court, chief judge and judge of the high court of the federal capital territory, abuja, chief judge of a state, judge of the high court of a state, grand kadi of the sharia court of appeal of the federal capital territory, abuja, president and judge of the customary court of appeal of the federal capital territory, abuja, grand kadi and kadi of the sharia court of appeal of a state, president and judge of the customary court of appeal of a state, the auditor-general for the federation and the chairmen and members of the following executive bodies, namely, the code of conduct bureau, the federal civil service commission, the independent national electoral commission, the national judicial council, the federal judicial service commission, the judicial service committee of the federal capital territory, abuja, the federal character commission, the code of conduct tribunal, the national population commission, the revenue mobilisation allocation and fiscal commission, the nigeria police council and the police service commission. any person who has held office as president or vice-president shall be entitled to pension for life at a rate equivalent to the annual salary of the incumbent president or vice-president: provided that such a person was not removed from office by the process of impeachment or for breach of any provisions of this constitution. any pension granted by virtue of subsection (5) of this section shall be a charge upon the consolidated revenue fund of the federation. the recurrent expenditure of judicial offices in the federation (in addition to salaries and allowances of the judicial officers mentioned in subsection (4) of this section) shall be charge upon the consolidated revenue fund of the federation. the recurrent expenditure of the independent national electoral commission, in addition to salaries and allowances of the chairman and members, shall be a charge upon the consolidated revenue fund of the federation. 85 there shall be an auditor-general for the federation who shall be appointed in accordance with the provisions of section 86 of this constitution. the public accounts of the federation and of all offices and courts of the federation shall be audited and reported on to the auditor-general who shall submit his reports to the national assembly; and for that purpose, the auditor-general or any person authorised by him in that behalf shall have access to all the books, records, returns and other documents relating to those accounts. nothing in subsection (2) of this section shall be construed as authorising the auditor-general to audit the accounts of or appoint auditors for government statutory corporations, commissions, authorities, agencies, including all persons and bodies established by an act of the national assembly, but the auditor-general shallprovide such bodies witha list of auditors qualified to be appointed by them as external auditors and from which the bodies shall appoint their external auditors, and guidelines on the level of fees to be paid to external auditors; and comment on their annual accounts and auditorâ��s reports thereon. the auditor-general shall have power to conduct checks of all government statutory corporations, commissions, authorities, agencies, including all persons and bodies established by an act of the national assembly. the auditor-general shall, within ninety days of receipt of the accountant-generalâ��s financial statement, submit his reports under this section to each house of the national assembly and each house shall cause the reports to be considered by a committee of the house of the national assembly responsible for public accounts. in the exercise of his functions under this constitution, the auditor-general shall not be subject to the direction or control of any other authority or person. 86 the auditor-general for the federation shall be appointed by the president on the recommendation of the federal civil service commission subject to confirmation by the senate. the power to appoint persons to act in the office of the auditor-general shall vest in the president. except with the sanction of a resolution of the senate, no person shall act in the office of the auditor-general for a period exceeding six months. 87 a person holding the office of the auditor-general for the federation shall be removed from office by the president acting on an address supported by two-thirds majority of the senate praying that he be so removed for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misconduct. the auditor-general shall not be removed from office before such retiring age as may be prescribed by law, save in accordance with the provisions of this section. 88 subject to the provisions of this constitution, each house of the national assembly shall have power by resolution published in its journal or in the official gazette of the government of the federation to direct or cause to be directed investigation intoany matter or thing with respect to which it has power to make laws; and the conduct of affairs of any person, authority, ministry or government department charged, or intended to be charged, with the duty of or responsibility forexecuting or administering laws enacted by national assembly, and disbursing or administering moneys appropriated or to be appropriated by the national assembly. the powers conferred on the national assembly under the provisions of this section are exercisable only for the purpose of enabling it tomake laws with respect to any matter within its legislative competence and correct any defects in existing laws; and expose corruption, inefficiency or waste in the execution or administration of laws within its legislative competence and in the disbursement or administration of funds appropriated by it. 89 for the purposes of any investigation under section 88 of this constitution and subject to the provisions thereof, the senate or the house of representatives or a committee appointed in accordance with section 62 of this constitution shall have power toprocure all such evidence, written or oral, direct or circumstantial, as it may think necessary or desirable, and examine all persons as witnesses whose evidence may be material or relevant to the subject matter; require such evidence to be given on oath; summon any person in nigeria to give evidence at any place or produce any document or other thing in his possession or under his control, and examine him as a witness and require him to produce any document or other thing in his possession or under his control, subject to all just exceptions; and issue a warrant to compel the attendance of any person who, after having been summoned to attend, fails, refuses or neglects to do so and does not excuse such failure, refusal or neglect to the satisfaction of the house or the committee in question, and order him to pay all costs which may have been occasioned in compelling his attendance or by reason of his failure, refusal or neglect to obey the summons, and also to impose such fine as may be prescribed for any such failure, refused or neglect; and any fine so imposed shall be recoverable in the same manner as a fine imposed by a court of law. a summons or warrant issued under this section may be served or executed by any member of the nigeria police force or by any person authorised in that behalf by the president of the senate or the speaker of the house of representatives, as the case may require. part ii. house of assembly of a state a. composition and staff of house of assembly there shall be a house of assembly for each of the states of the federation. subject to the provisions of this constitution, a house of assembly of a state shall consist of three or four times the number of seats which that state has in the house of representatives divided in a way to reflect, as far as possible nearly equal population: provided that a house of assembly of a state shall consist of not less than twenty-four and not more than forty members. 92 there shall be a speaker and a deputy speaker of a house of assembly who shall be elected by the members of the house from among themselves. the speaker or deputy speaker of the house of assembly shall vacate his officeif he ceases to be a member of the house of assembly otherwise than by reason of the dissolution of the house; when the house first sits after any dissolution of house; or if he is removed from office by a resolution of house of assembly by the votes of not less than two-third majority of the members of the house. there shall be a clerk to a house of assembly and such other staff as may be prescribed by a law enacted by the house of assembly, and the method of appointment of the clerk and other staff of the house shall be as prescribed by that law. b. procedure for summoning and dissolution of house of assembly 94 every person elected to a house of assembly shall before taking his seat in that house, declare his assets and liabilities in the manner prescribed in this constitution and subsequently take and subscribe before the speaker of the house, the oath of allegiance and oath of membership prescribed in the seventh schedule to this constitution, but a member may, before taking the oaths, take part in the election of the speaker and deputy speaker of the house of assembly. the speaker and deputy speaker of a house of assembly shall declare their assets and liabilities in the manner prescribed by this constitution and subsequently take and subscribe to the oath of allegiance and the oath of membership prescribed as aforesaid before the clerk of the house of assembly. 95 at any sitting of a house of assembly, the speaker of that house shall preside, and in his absence the deputy speaker shall preside. in the absence of the speaker and deputy speaker of the house, such member of the house as the house may elect for a purpose shall preside. 96 the quorum of a house of assembly shall be one-third of all the members of the house. if objection is taken by any member of a house of assembly present that there are present in that house (besides the person presiding) fewer than one-third of all the members of that house and that it is not competent for the house to transact business, and after such interval as may be prescribed in the rules of procedure of the house, the person presiding ascertains that the number of members present is still less than one-third of all the members of the house, he shall adjourn the house. the business of a house of assembly shall be conducted in english, but the house may in addition to english conduct the business of the house in one or more other languages spoken in the state as the house may by resolution approve. 98 except as otherwise provided by this constitution, any question proposed for decision in a house of assembly shall be determined by the required majority of the members present and voting; and the person presiding shall cast a vote whenever necessary to avoid an equality of votes but shall not vote in any other case. except as otherwise provided by this constitution, the required majority for the purpose of determining any question shall be a simple majority. a house of assembly shall by its rules providethat a member of the house shall declare any direct pecuniary interest he may have in any matter coming before the house for deliberation; that the house may by resolution decide whether or not such member may vote or participate in its deliberations, on such matter; the penalty, if any, which the house may impose for failure to declare any direct pecuniary interest such member may have; and for such other matters pertaining to the foregoing as the house may think necessary, but nothing in this subsection shall enable any rules to be made to require any member, who signifies his intention not to vote on or participate in such matter, and who does not so vote or participate, to declare any such interest. any person who sits or votes in a house of assembly of a state knowing or having reasonable grounds for knowing that he is not entitled to do so commits an offence and is liable on conviction to such punishment as shall be prescribed by a law of the house of assembly. 100 the power of a house of assembly to make laws shall be exercised by bills passed by the house of assembly and, except as otherwise provided by this section, assented to by the governor. a bill shall not become law unless it has been duly passed and, subject to subsection (1) of this section, assented to in accordance with the provisions of this section. where a bill has been passed by the house of assembly it shall be presented to the governor for assent. where a bill is presented to the governor for assent he shall within thirty days thereof signify that he assents or that he withholds assent. where the governor withholds assent and the bill is again passed by the house of assembly by two-thirds majority, the bill shall become law and the assent of the governor shall not be required. subject to the provisions of this constitution, a house of assembly shall have power to regulate its own procedure, including the procedure for summoning and recess of the house. a house of assembly may act notwithstanding any vacancy in its membership, and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the house shall not invalidate such proceedings. 103 a house of assembly may appoint a committee of its members for any special or general purpose as in its opinion would be better regulated and managed by means of such a committee, and may by resolution, regulation or otherwise as it thinks fit delegate any functions exercisable by it to any such committee. the number of members of a committee appointed under this section, their term of office and quorum shall be fixed by the house of assembly. nothing in this section shall be construed as authorising a house of assembly to delegate to a committee the power to decide whether a bill shall be passed into law or to determine any matter which it is empowered to determine by resolution under the provisions of this constitution, but such a committee of the house may be authorised to make recommendations to the house on any such matter. a house of assembly shall sit for a period of not less than one hundred and eighty-one days in a year. 105 a house of assembly shall stand dissolved at the expiration of a period of four years commencing from the date of the first sitting of the house. if the federation is at war in which the territory of nigeria is physically involved and the president considers that it is not practicable to hold elections, the national assembly may by resolution extend the period of four years mentioned in subsection (1) of this section from time to time but not beyond a period of six months at any one time. subject to the provisions of this constitution, the person elected as the governor of a state shall have power to issue a proclamation for the holding of the first session of the house of assembly of the state concerned immediately after his being sworn in, or for its dissolution as provided in this section. c. qualification for membership of house of assembly and right of attendance subject to the provisions of section 107 of this constitution, a person shall be qualified for election as a member of a house of assembly ifhe is a citizen of nigeria; he has attained the age of thirty years; he has been educated up to at least the school certificate level or its equivalent; and he is a member of a political party and is sponsored by that party. 107 no person shall be qualified for election to a house of assembly ifsubject to the provisions of section 28 of this constitution, he has voluntarily acquired the citizenship of a country other than nigeria or, except in such cases as may be prescribed by the national assembly, has made a declaration of allegiance to such a country; under any law in force in any part of nigeria, he is adjudged to be a lunatic or otherwise declared to be of unsound mind; he is under a sentence of death imposed on him by any competent court of law or tribunal in nigeria or a sentence of imprisonment or fine for an offence involving dishonesty or fraud (by whatever name called) or any other offence imposed on him by such a court or tribunal substituted by a competent authority for any other sentence imposed on him by such a court or tribunal; within a period of less than ten years before the date of an election to the house of assembly, he has been convicted and sentenced for an offence involving dishonesty or he has been found guilty of a contravention of the code of conduct; he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of nigeria; he is a person employed in the public service of the federation or of any state and he has not resigned, withdrawn or retired from such employment thirty days before the date of election; he is a member of any secret society; [deleted by the constitution of the federal republic of nigeria (first alteration) act, 2010] he has presented a forged certificate to the independent national electoral commission. where in respect of any person who has beenadjudged to be a lunatic; declared to be of unsound mind; sentenced to death or imprisonment; or adjudged or declared bankrupt, any appeal against the decision is pending in any court of law in accordance with any law in force in nigeria, subsection (1) of this section shall not apply during a period beginning from the date when such appeal is lodged and ending on the date when the appeal is finally determined or, as the case may be, the appeal lapses or is abandoned, whichever is earlier. for the purposes of subsection (2) of this section, an â��appealâ�� includes any application for an injunction or an order of certiorari, mandamus, prohibition or habeas corpus, or any appeal from any such application. 108 the governor of a state may attend a meeting of a house of assembly of the state either to deliver an address on state affairs or to make such statement on the policy of government as he may consider to be of importance to the state. a commissioner of the government of a state shall attend the house of assembly of the state if invited to explain to the house of assembly the conduct of his ministry, and in particular when the affairs of that ministry are under discussion. nothing in this section shall enable any person who is not a member of a house of assembly to vote in that house or in any of its committees. 109 a member of a house of assembly shall vacate his seat in the house ifhe becomes a member of another legislative house; any other circumstances arise that, if he were not a member of that house, would cause him to be disqualified for election as such a member; he ceases to be a citizen of nigeria; he becomes president, vice-president, governor, deputy governor or a minister of the government of the federation or a commissioner of the government of a state or a special adviser; save as otherwise prescribed by this constitution, he becomes a member of a commission or other body established by this constitution or by any other law; without just cause he is absent from meetings of the house of assembly for a period amounting in the aggregate to more than one-third of the total number of days during which the house meets in any one year; being a person whose election to the house of assembly was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that house was elected: provided that his membership of the latter political party is not as a result of a division in the political party of which he was previously a member or of a merger of two or more political parties or factions by one of which he was previously sponsored; or the speaker of the house of assembly receives a certificate under the hand of the chairman of the independent national electoral commission stating that the provisions of section 110 of this constitution have been complied with in respect of the recall of the member. the speaker of the house of assembly shall give effect to subsection (1) of this section, so however that the speaker or a member shall first present evidence satisfactory to the house that any of the provisions of that subsection has become applicable in respect of the member. a member of a house of assembly shall be deemed to be absent without just cause from a meeting of the house of assembly unless the person presiding certifies in writing that he is satisfied that the absence of the member from the meeting was for a just cause. a member of the house of assembly may be recalled as such a member ifthere is presented to the chairman of the independent national electoral commission a petition in that behalf signed by more than one-half of the persons registered to vote in that memberâ��s constituency alleging their loss of confidence in that member and which signatures are duly verified by the independent national electoral commission; and the petition is thereafter, in a referendum conducted by the independent national electoral commission within ninety days of the date of the receipt of the petition, approved by a simple majority of the votes of the persons registered to vote in that memberâ��s constituency. a member of the house of assembly shall receive such salary and other allowances as the revenue mobilisation allocation and fiscal commission may determine. d. elections to a house of assembly subject to the provisions of sections 91 and 113 of this constitution, the independent national electoral commission shall divide every state in the federation into such number of state constituencies as is equal to three or four times the number of federal constituencies within that state. the boundaries of each state constituency shall be such that the number of inhabitants thereof is as nearly equal to the population quota as is reasonably practicable. 114 the independent national electoral commission shall review the division of every state into constituencies at intervals of not less than ten years, and may alter such constituencies in accordance with the provisions of this section to such extent as it may consider desirable in the light of the review. the independent national electoral commission may at any time carry out such a review and alter the constituencies in accordance with the provisions of this section to such extent as it considers necessary in consequence of any alteration of the boundaries of the state or by reason of the holding of a census of the population of nigeria in pursuance of an act of the national assembly. where the boundaries of any state constituency established under section 112 of this constitution are altered in accordance with the provisions of section 114 of this constitution, that alteration shall come into effect after it has been approved by the national assembly and after the current life of the house of assembly. 116 elections to a house of assembly shall be held on a date to be appointed by the independent national electoral commission in accordance with the electoral act. the date mentioned in subsection (1) of this section shall not be earlier than one hundred and fifty days and not later than one hundred and twenty days before, or where the election is to fill a vacancy occurring more than ninety days before such date, not later than thirty days after the vacancy occurred. 117 subject to the provisions of this constitution, every state constituency established in accordance with the provisions of this part of this chapter shall return one member who shall be directly elected to a house of assembly in such manner as may be prescribed by an act of the national assembly. every citizen of nigeria, who has attained the age of eighteen years residing in nigeria at the time of the registration of voters for purposes of election to any legislative house, shall be entitled to be registered as a voter for that election. the registration of voters and the conduct of elections shall be subject to the direction and supervision of the independent national electoral commission. the national assembly shall make provisions as respectspersons who may apply to an election tribunal for the determination of any question as to whetherany person has been validly elected as a member of a house of assembly, the term of office of any person has ceased, or the seat in a house of assembly of a member of that house has become vacant; circumstances and manner in which, and the conditions upon which, such application may be made; and powers, practice and procedure of the election tribunal in relation to any such application. e. powers and control over public funds 120 all revenues or other moneys raised or received by a state (not being revenues or other moneys payable under this constitution or any law of a house of assembly into any other public fund of the state established for a specific purpose) shall be paid into and form one consolidated revenue fund of the state. no moneys shall be withdrawn from the consolidated revenue fund of the state except to meet expenditure that is charged upon the fund by this constitution or where the issue of those moneys has been authorised by an appropriation law, supplementary appropriation law or law passed in pursuance of section 121 of this constitution. no moneys shall be withdrawn from any public fund of the state, other than the consolidated revenue fund of the state, unless the issue of those moneys has been authorised by a law of the house of assembly of the state. no moneys shall be withdrawn from the consolidated revenue fund of the state or any other public fund of the state except in the manner prescribed by the house of assembly. 121 the governor shall cause to be prepared and laid before the house of assembly at any time before the commencement of each financial year estimates of the revenues and expenditure of the state for the next following financial year. the heads of expenditure contained in the estimates, other than expenditure charged upon the consolidated revenue fund of the state by this constitution, shall be included in a bill, to be known as an appropriation bill, providing for the issue from the consolidated revenue fund of the state of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified therein. any amount standing to the credit of the judiciary in the consolidated revenue fund of the state shall be paid directly to the heads of the courts concerned. if in respect of any financial year, it is found thatthe amount appropriated by the appropriation law for any purpose is insufficient; or a need has arisen for expenditure for a purpose for which no amount has been appropriated by the law, a supplementary estimate showing the sums required shall be laid before the house of assembly and the heads of any such expenditure shall be included in a supplementary appropriation bill. if the appropriation bill in respect of any financial year has not been passed into law by the beginning of the financial year, the governor may authorise the withdrawal of moneys from the consolidated revenue fund of the state for the purpose of meeting expenditure necessary to carry on the services of the government for a period not exceeding six months or until the coming into operation of the law, whichever is the earlier: provided that the withdrawal in respect of any such period shall not exceed the amount authorised to be withdrawn from the consolidated revenue fund of the state under the provisions of the appropriation law passed by the house of assembly for the corresponding period in the immediately preceding financial year, being an amount proportionate to the total amount so authorised for the immediately preceding financial year. 123 a house of assembly may by law make provisions for the establishment of a contingencies fund for the state and for authorising the governor, if satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from the fund to meet that need. where any advance is made in accordance with the provisions of this section, a supplementary estimate shall be presented and a supplementary appropriation bill shall be introduced as soon as possible for the purpose of replacing the amount so advanced. 124 there shall be paid to the holders of the offices mentioned in this section such remuneration and salaries as may be prescribed by a house of assembly, but not exceeding the amount as shall have been determined by the revenue mobilisation allocation and fiscal commission. the remuneration, salaries and allowances payable to the holders of the offices so mentioned shall be charged upon the consolidated revenue fund of the state. the remuneration and salaries payable to the holders of the said offices and their conditions of service, other than allowances, shall not be altered to their disadvantage after their appointment. the offices aforesaid are the offices of governor, deputy governor, auditor-general for a state and the chairman and members of the following bodies, that is to say, the state civil service commission, the state independent electoral commission and the state judicial service commission. provisions may be made by a law of a house of assembly for the grant of a pension or gratuity to or in respect of a person who had held office as governor or deputy governor and was not removed from office as a result of impeachment; and any pension granted by virtue of any provisions made in pursuance of this subsection shall be a charge upon the consolidated revenue fund of the state. 125 there shall be an auditor-general for each state who shall be appointed in accordance with the provisions of section 126 of this constitution. the public accounts of a state and of all offices and courts of the state shall be audited by the auditor-general for the state who shall submit his reports to the house of assembly of the state concerned, and for that purpose the auditor-general or any person authorised by him in that behalf shall have access to all the books, records, returns and other documents relating to those accounts. nothing in subsection (2) of this section shall be construed as authorising the auditor-general to audit the accounts of or appoint auditors for government statutory corporations, commissions, authorities, agencies, including all persons and bodies established by law by the auditor-general shallprovide such bodies witha list of auditors qualified to be appointed by them as external auditors and from which the bodies shall appoint their external auditors, and a guideline on the level of fees to be paid to external auditors; and comment on their annual accounts and auditorâ��s report thereon. the auditor-general for the state shall have power to conduct periodic checks of all government statutory corporations, commissions, authorities, agencies, including all persons and bodies established by a law of the house of assembly of the state. the auditor-general for a state shall, within ninety days of receipt of the accountant-generalâ��s financial statement and annual accounts of the state, submit his report to the house of assembly of the state and the house shall cause the report to be considered by a committee of the house responsible for public accounts. in the exercise of his functions under this constitution, the auditor-general for a state shall not be subject to the direction or control of any other authority or person. 126 the auditor-general for a state shall be appointed by the governor of the state on the recommendation of the state civil service commission subject to confirmation by the house of assembly of the state. the power to appoint persons to act in the office of the auditor-general for a state shall vest in the governor. except with the sanction of a resolution of the house of assembly of a state, no person shall act in the office of the auditor-general for a state for a period exceeding six months. 127 a person holding the office of auditor-general under section 126(1) of this constitution shall be removed from office by the governor of the state acting on an address supported by two-thirds majority of the house of assembly praying that he be so removed for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misconduct. an auditor-general shall not been removed from office before such retiring age as may be prescribed by law, save in accordance with the provisions of this section. 128 subject to the provisions of this constitution, a house of assembly shall have power by resolution published in its journal or in the office gazette of the government of the state to direct or cause to be directed an inquiry or investigation intoany matter or thing with respect to which it has power to make laws; and the conduct of affairs of any person, authority, ministry or government department charged, or intended to be charged, with the duty of or responsibility forexecuting or administering laws enacted by that house of assembly, and disbursing or administering moneys appropriated or to be appropriated by such house. the powers conferred on a house of assembly under the provisions of this section are exercisable only for the purpose of enabling the house tomake laws with respect to any matter within its legislative competence and correct any defects in existing laws; and expose corruption, inefficiency of waste in the execution or administration of laws within its legislative competence and in the disbursement or administration of funds appropriated by it. 129 for the purposes of any investigation under section 128 of this constitution, and subject to the provisions thereof, a house of assembly or a committee appointed in accordance with section 103 of this constitution shall have power toprocure all such evidence, written or oral, direct or circumstantial, as it may think necessary or desirable, and examine all persons as witnesses whose evidence may be material or relevant to the subject matter; require such evidence to be given on oath; summon any person in nigeria to give evidence at any place or produce any document or other thing in his possession or under his control, and examine him as a witness and require him to produce any document or other thing in his possession or under his control, subject to all just exceptions; and issue a warrant to compel the attendance of any person who, after having been summoned to attend, fails, refuses or neglects to do so and does not excuse such failure, refusal or neglect to the satisfaction of the house of assembly or the committee, and order him to pay all costs which may have been occasioned in compelling his attendance or by reason of his failure, refusal or neglect to obey the summons and also to impose such fine as may be prescribed for any such failure, refusal or neglect; and any fine so imposed shall be recoverable in the same manner as a fine imposed by a court of law. a summons or warrant issued under this section may be served or executed by any member of the nigeria police force or by any person authorised in that behalf by the speaker of the house of assembly of the state. chapter vi. the executive part i. federal executive a. the president of the federation 130 there shall be for the federation a president. the president shall be the head of state, the chief executive of the federation and commander-in-chief of the armed forces of the federation. a person shall be qualified for election to the office of the president ifhe is a citizen of nigeria by birth; he has attained the age of forty years; he is a member of a political party and is sponsored by that political party; and he has been educated up to at least school certificate level or its equivalent. 132 an election to the office of president shall be held on a date to be appointed by the independent national electoral commission in accordance with the electoral act. an election to the said office shall be held on a date not earlier than one hundred and fifty days and not later than thirty days before the expiration of the term of office of the last holder of that office. where in an election to the office of president one of the two or more candidates nominated for the election is the only candidate after the close of nomination, by reason of the disqualification, withdrawal, incapacitation, disappearance or death of the other candidates, the independent national electoral commission shall extend the time for nomination. for the purpose of an election to the office of president, the whole of the federation shall be regarded as one constituency. every person who is registered to vote at an election of a member of a legislative house shall be entitled to vote at an election to the office of president. a candidate for an election to the office of president shall be deemed to have been duly elected to such office where, being the only candidate nominated for the electionhe has a majority of yes votes over no votes cast at the election; and he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the states in the federation and the federal capital territory, abuja but where the only candidate fails to be elected in accordance with this section, then there shall be fresh nominations. 134 a candidate for an election to the office of president shall be deemed to have been duly elected, where, there being only two candidates for the electionhe has the majority of votes cast at the election; and he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the states in the federation and the federal capital territory, abuja. a candidate for an election to the office of president shall be deemed to have been duly elected where, there being more than two candidates for the electionhe has the highest number of votes cast at the election; and he has not less than one-quarter of the votes cast at the election each of at least two-thirds of all the states in the federation and the federal capital territory, abuja. in a default of a candidate duly elected in accordance with subsection (2) of this section their shall be a second election in accordance with subsection (4) of this section at which the only candidates shall bethe candidate who scored the highest number of votes at any election held in accordance with the said subsection (2) of this section; and one among the remaining candidates who has a majority of votes in the highest number of states, so however that where there are more than one candidate with majority of votes in the highest number of states, the candidate among them with the highest total of votes cast at the election shall be the second candidate for the election. in default of a candidate duly elected under the foregoing subsections, the independent national electoral commission shall within seven days of the result of the election held under the said subsections, arrange for an election between the two candidates and a candidate at such election shall be deemed elected to the office of president ifhe has a majority of votes cast at the election; and he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the states in the federation and the federal capital territory, abuja. in default of a candidate duly elected under subsection (4) of this section, the independent national electoral commission shall, within seven days of the result of the election held under the aforesaid subsection (4), arrange for another election between the two candidates to which the subsection relates and a candidate at such election shall be deemed to have been duly elected to the office of president, if he has a majority of the votes cast at the election. 135 subject to the provisions of this constitution, a person shall hold the office of president untilwhen his successor in office takes the oath of that office; he dies whilst holding such office; or the date when his resignation from office takes effect; or he otherwise ceases to hold office in accordance with the provisions of this constitution. subject to the provisions of subsection (1) of this section, the president shall vacate his office at the expiration of a period of four years commencing from the date, whenin the case of a person first elected as president under this constitution, he took the oath of allegiance and the oath of office; and in any other case, the person last elected to that office under this constitution took the oath of allegiance and oath of office or would, but for his death, have taken such oaths. in the determination of the four year term, where a re-run election has taken place and the person earlier sworn in wins the re-run election, the time spent in the office before the date the election was annulled, shall be taken into account. if the federation is at war in which the territory of nigeria is physically involved and the president considers that it is not practicable to hold elections, the national assembly may by resolution extend the period of four years mentioned in subsection (2) of this section from time to time; but no such extension shall exceed a period of six months at any one time. 136 if a person duly elected as president dies before taking and subscribing the oath of allegiance and oath of office, or is for any reason whatsoever unable to be sworn in, the person elected with him as vice-president shall be sworn in as president and he shall nominate a new vice-president who shall be appointed by the president with the approval by a simple majority of the national assembly at a joint sitting. where the persons duly elected as president and vice-president die or are unable for any reason whatsoever to assume office before the inauguration of the national assembly, the independent national electoral commission shall immediately conduct an election for a president and the vice-president. 137 a person shall not be qualified for election to the office of president ifsubject to the provisions of section 28 of this constitution, he has voluntarily acquired the citizenship of a country other than nigeria or, except in such cases as may be prescribed by the national assembly, he has made a declaration of allegiance to such other country; or he has been elected to such office at any two previous elections; or under the law in any part of nigeria, he is adjudged to be a lunatic or otherwise declared to be of unsound mind; or he is under a sentence of death imposed by any competent court of law or tribunal in nigeria or a sentence of imprisonment or fine for any offence involving dishonesty or fraud (by whatever name called) or for any other offence, imposed on him by any court or tribunal or substituted by a competent authority for any other sentence imposed on him by such a court or tribunal; or within a period of less than ten years before the date of the election to the office of president he has been convicted and sentenced for an offence involving dishonesty or he has been found guilty of the contravention of the code of conduct; or he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in nigeria or any other country; or being a person employed in the civil or public service of the federation or of any state, he has not resigned, withdrawn or retired from the employment at least thirty days before the date of the election; or he is a member of any secret society; or [deleted by the constitution of the federal republic of nigeria (first alteration) act, 2010] he has presented a forged certificate to the independent national electoral commission. where in respect of any person who has beenadjudged to be a lunatic; declared to be of unsound mind; sentenced to death or imprisonment; or adjudged or declared bankrupt any appeal against the decision is pending in any court of law in accordance with any law in force in nigeria, subsection (1) of this section shall not apply during a period beginning from the date when such appeal is lodged and ending on the date when the appeal is finally determined or, as the case may be, the appeal lapses or is abandoned, whichever is earlier. the president shall not, during his tenure of office, hold any other executive office or paid employment in any capacity whatsoever. the national assembly shall by an act make provisions as respectspersons who may apply to the court of appeal for the determination of any question as to whetherany person has been validly elected to the office of president or vice-president, the term of office of the president or vice-president has ceased, or the office of the president or vice-president has become vacant; circumstances and manner in which, and the conditions upon which such application may be made; and powers, practice and procedure of the court of appeal in relation to any such application. 140 a person elected to the office of president shall not begin to perform the functions of that office until he has declared his assets and liabilities as prescribed in this constitution and he has taken and subscribed the oath of allegiance and the oath of office prescribed in the seventh schedule to this constitution. the oaths aforesaid shall be administered by the chief justice of nigeria or the person for the time being appointed to exercise the functions of that office. there shall be for the federation a vice-president. 142 in any election to which the foregoing provisions of this part of this chapter relate, a candidate for an election to the office of president shall not be deemed to be validly nominated unless he nominates another candidate as his associate from the same political party for his running for the office of president, who is to occupy the office of vice-president and that candidate shall be deemed to have been duly elected to the office of vice-president if the candidate for an election to the office of president who nominated him as such associate is duly elected as president in accordance with the provisions aforesaid. the provisions of this part of this chapter relating to qualification for election, tenure of office, disqualification, declaration of assets and liabilities and oaths of president shall apply in relation to the office of vice-president as if references to president were references to vice-president. 143 the president or vice-president may be removed from office in accordance with the provisions of this section. whenever a notice of any allegation in writing signed by not less than one-third of the members of the national assembly:is presented to the president of the senate; stating that the holder of the office of president or vice-president is guilty of gross misconduct in the performance of the functions of his office, detailed particulars of which shall be specified, the president of the senate shall within seven days of the receipt of the notice cause a copy thereof to be served on the holder of the office and on each member of the national assembly, and shall also cause any statement made in reply to the allegation by the holder of the office to be served on each member of the national assembly. within fourteen days of the presentation of the notice to the president of the senate (whether or not any statement was made by the holder of the office in reply to the allegation contained in the notice) each house of the national assembly shall resolve by motion without any debate whether or not the allegation shall be investigated. a motion of the national assembly that the allegation be investigated shall not be declared as having been passed, unless it is supported by the votes of not less than two-thirds majority of all the members of each house of the national assembly. within seven days of the passing of a motion under the foregoing provisions, the chief justice of nigeria shall at the request of the president of the senate appoint a panel of seven persons who in his opinion are of unquestionable integrity, not being members of any public service, legislative house or political party, to investigate the allegation as provide in this section. the holder of an office whose conduct is being investigated under this section shall have the right to defend himself in person and be represented before the panel by legal practitioners of his own choice. a panel appointed under this section shallhave such powers and exercise its functions in accordance with such procedure as may be prescribed by the national assembly; and within three months of its appointment report its findings to each house of the national assembly. where the panel reports to each house of the national assembly that the allegation has not been proved, no further proceedings shall be taken in respect of the matter. where the report of the panel is that the allegation against the holder of the office has been proved, then within fourteen days of the receipt of the report at the house the national assembly shall consider the report, and if by a resolution of each house of the national assembly supported by not less than two-thirds majority of all its members, the report of the panel is adopted, then the holder of the office shall stand removed from office as from the date of the adoption of the report. no proceedings or determination of the panel or of the national assembly or any matter relating thereto shall be entertained or questioned in any court. in this sectionâ��gross misconductâ�� means a grave violation or breach of the provisions of this constitution or a misconduct of such nature as amounts in the opinion of the national assembly to gross misconduct. 144 the president or vice-president shall cease to hold office, ifby a resolution passed by two-thirds majority of all the members of the executive council of the federation it is declared that the president or vice-president is incapable of discharging the functions of his office; and the declaration is verified, after such medical examination as may be necessary, by a medical panel established under subsection (4) of this section in its report to the president of the senate and the speaker of the house of representatives. where the medical panel certifies in the report that in its opinion the president or vice-president is suffering from such infirmity of body or mind as renders him permanently incapable of discharging the functions of his office, a notice thereof signed by the president of the senate and the speaker of the house of representatives shall be published in the official gazette of the government of the federation. the president or vice-president shall cease to hold office as from the date of publication of the notice of the medical report pursuant to subsection (2) of this section. the medical panel to which this section relates shall be appointed by the president of the senate, and shall comprise five medical practitioners in nigeria:one of whom shall be the personal physician of the holder of the office concerned; and four other medical practitioners who have, in the opinion of the president of the senate, attained a high degree of eminence in the field of medicine relative to the nature of the examination to be conducted in accordance with the foregoing provisions. in this section, the reference to â��executive council of the federationâ�� is a reference to the body of ministers of the government of the federation, howsoever called, established by the president and charged with such responsibilities for the functions of government as the president may direct. 145 whenever the president is proceeding on vacation or is otherwise unable to discharge the functions of his office, he shall transmit a written declaration to the president of the senate and the speaker of the house of representatives to that effect, and until he transmits to them a written declaration to the contrary, the vice-president shall perform the functions of the president as acting president. in the event that the president is unable or fails to transmit the written declaration mentioned in subsection (1) of this section within 21 days, the national assembly shall, by a resolution made by a simple majority of the vote of each house of the national assembly, mandate the vice-president to perform the functions of the office of the president as acting president until the president transmits a letter to the president of the senate and speaker of the house of representatives that he is now available to resume his functions as president. 146 the vice-president shall hold the office of president if the office of president becomes vacant by reason of death or resignation, impeachment, permanent incapacity or the removal of the president from office for any other reason in accordance with section 143 of this constitution. where any vacancy occurs in the circumstances mentioned in subsection (1) of this section during a period when the office of vice-president is also vacant, the president of the senate shall hold the office of president for a period of not more than three months, during which there shall be an election of a new president, who shall hold office for the unexpired term of office of the last holder of the office. where the office of vice-president becomes vacant:by reason of death or resignation, impeachment, permanent incapacity or removal in accordance with section 143 or 144 of this constitution; by his assumption of the office of president in accordance with subsection (1) of this section; or for any other reason, the president shall nominate and, with the approval of each house of the national assembly, appoint a new vice-president. 147 there shall be such offices of ministers of the government of the federation as may be established by the president. any appointment to the office of minister of the government of the federation shall, if the nomination of any person to such office is confirmed by the senate, be made by the president. any appointment under subsection (2) of this section by the president shall be in conformity with the provisions of section 14(3) of this constitution: provided that in giving effect to the provisions aforesaid the president shall appoint at least one minister from each state, who shall be an indigene of such state. where a member of the national assembly or of a house of assembly is appointed as minister of the government of the federation, he shall be deemed to have resigned his membership of the national assembly or of the house of assembly on his taking the oath of office as minister. no person shall be appointed as a minister of the government of the federation unless he is qualified for election as a member of the house of representatives. an appointment to any of the offices aforesaid shall be deemed to have been made where no return has been received from the senate within twenty-one working days of the receipt of nomination by the senate. 148 the president may, in his discretion, assign to the vice-president or any minister of the government of the federation responsibility for any business of the government of the federation, including the administration of any department of government. the president shall hold regular meetings with the vice-president and all the ministers of the government of the federation for the purposes ofdetermining the general direction of domestic and foreign policies of the government of the federation; co-ordinating the activities of the president, the vice-president and the ministers of the government of the federation in the discharge of their executive responsibilities; and advising the president generally in discharge of his executive functions other than those functions with respect to which he is required by this constitution to seek the advice or act on the recommendation of any other person or body. a minister of the government of the federation shall not enter upon the duties of his office, unless he has declared his assets and liabilities as prescribed in this constitution and has subsequently taken and subscribed the oath of allegiance and the oath of office for the due execution of the duties of his office prescribed in the seventh schedule to this constitution. 150 there shall be an attorney-general of the federation who shall be the chief law officer of the federation and a minister of the government of the federation. a person shall not be qualified to hold or perform the functions of the office of the attorney-general of the federation unless he is qualified to practise as a legal practitioner in nigeria and has been so qualified for not less than ten years. 151 the president may appoint any person as a special adviser to assist him in the performance of his functions. the number of such advisers and their remuneration and allowances shall be as prescribed by law or by resolution of the national assembly. any appointment made pursuant to the provisions of this section shall be at the pleasure of the president and shall cease when the president ceases to hold office. a person appointed as special adviser under section 151 of this constitution shall not begin to perform the functions of his office until he has declared his assets and liabilities as prescribed in this constitution and has subsequently taken and subscribed the oath of allegiance and oath of office prescribed in the seventh schedule to this constitution. b. establishment of certain federal executive bodies 153 there shall be established for the federation the following bodies, namely: code of conduct bureau; council of state; federal character commission; federal civil service commission; federal judicial service commission; independent national electoral commission; national defence council; national economic council; national judicial council; national population commission; national security council; nigeria police council; police service commission; and revenue mobilisation allocation and fiscal commission. the composition and powers of each body established by subsection (1) of this section are as contained in part 1 of the third schedule to this constitution. 154 except in the case of ex officio members or where other provisions are made in this constitution, the chairman and members of any of the bodies so established shall, subject to the provisions of this constitution, be appointed by the president and the appointment shall be subject to confirmation by the senate. in exercising his powers to appoint a person as chairman or member of the council of state or the national defence council or the national security council, the president shall not be required to obtain the confirmation of the senate. in exercising his powers to appoint a person as chairman or member of the independent national electoral commission, national judicial council, the federal judicial service commission or the national population commission, the president shall consult the council of state. 155 a person who is a member of any of the bodies established as aforesaid shall, subject to the provisions of this part, remain a member thereofin the case of an ex officio member, whilst he holds the office by virtue of which he is a member of the body; in the case of a person who is a member by virtue of his having previously held an office, for the duration of his life; and in the case of a person who is a member otherwise than as ex officio member or otherwise than by virtue of his having previously held an office, for a period of five years from the date of his appointment. a member of any of the bodies shall cease to be member if any circumstances arise that, if he were not a member of the body, would cause him to be disqualified for appointment as such a member. 156 no person shall be qualified for appointment as a member of any of the bodies aforesaid ifhe is not qualified or if he is disqualified for election as a member of the house of representatives provided that a member of any of these bodies shall not be required to belong to a political party, and in the case of the independent national electoral commission, he shall not be a member of a political party; within the preceding ten years, he has been removed as a member of any of the bodies or as the holder of any other office on the ground of misconduct. any person employed in the public service of the federation shall not be disqualified for appointment as chairman or member of any of such bodies: provided that where such person has been duly appointed he shall, on his appointment, be deemed to have resign his former office as from the date of the appointment. no person shall be qualified for appointment to any of the bodies aforesaid if, having previously been appointed as a member otherwise than as an ex officio member of that body, he has been re-appointed for a further term as a member of the same body. 157 subject to the provisions of subsection (3) of this section, a person holding any of the offices to which this section applies may only be removed from that office by the president acting on an address supported by two-thirds majority of the senate praying that he be so removed for inability to discharge the functions of the office (whether arising from infirmity of mind or body or any other cause) or for misconduct. this section applies to the offices of the chairman and members of the code of conduct bureau, the federal civil service commission, the independent national electoral commission, the national judicial council, the federal judicial service commission, the federal character commission, the nigeria police council, the national population commission, the revenue mobilisation allocation and fiscal commission and the police service commission. all members of the national population commission shall cease to be members if the president declares a national census report as unreliable and the report is rejected in accordance with section 213 of this constitution. 158 in exercising its power to make appointments or to exercise disciplinary control over persons, the code of conduct bureau, the national judicial council, the federal civil service commission, the federal judicial service commission, the revenue mobilisation and fiscal commission, the federal character commission, and the independent national electoral commission shall not be subject to the direction or control of any other authority or person. the national population commission shall not be subject to the direction or control of any other authority or person:in appointing, training or arranging for the training of enumerators or other staff of the commission to assist it in the conduct of any population census; in deciding whether or not to accept or revise the return of any officer of the said commission concerning the population census in any area or part of the federation; in carrying out the operation of conducting the census; and in compiling its report of a national census for publication. 159 the quorum for a meeting of any of the bodies established by section 153 of this constitution shall be not less than one-third of the total number of members of that body at the date of the meeting. a member of such a body shall be entitled to one vote, and a decision of the meeting may be taken and any act or thing may be done in the name of that body by a majority of the members present at the meeting. whenever such body is assembled for a meeting, the chairman or other person presiding shall, in all matters in which a decision is taken by vote (by whatever name such vote may be called) have a casting as well as a deliberative vote. subject to its rules of procedure, any such body may act or take part in any decision notwithstanding any vacancy in its membership or the absence of any member. 160 subject to subsection (2) of this section, any of the bodies may, with the approval of the president, by rules or otherwise regulate its own procedure or confer powers and impose duties on any officer or authority for the purpose of discharging its functions provided that in the case of the independent national electoral commission, its powers to make its own rules or otherwise regulate its own procedure shall not be subject to the approval or control of the president. in the exercise of any powers under subsection (1) of this section, any such body shall not confer powers or impose duties on any officer or authorities of a state except with the approval of the governor of the state. in this part of this chapter, unless the context otherwise requiresany reference to â��ex officio memberâ�� shall be construed as a reference to a person who is a member by virtue of his holding or performing, the functions of an office in the public service of the federation; â��officeâ�� means an office in the public service of the federation; any reference to â��memberâ�� of a body established by section 153 of this constitution shall be construed as including a reference to the chairman of that body; and â��misconductâ�� means a breach of the oath of allegiance or oath of office of a member or a breach of the provisions of this constitution or bribery or corruption or false declaration of assets and liabilities or conviction for treason or treasonable felony. c. public revenue 162 the federation shall maintain a special account to be called â��the federation accountâ�� into which shall be paid all revenues collected by the government of the federation, except the proceeds from the personal income tax of the personnel of the armed forces of the federation, the nigeria police force, the ministry or department of government charged with responsibility for foreign affairs and the residents of the federal capital territory, abuja. the president, upon the receipt of advice from the revenue mobilisation allocation and fiscal commission, shall table before the national assembly proposals for revenue allocation from the federation account, and in determining the formula, the national assembly shall take into account, the allocation principles especially those of population, equality of states, internal revenue generation, land mass, terrain as well as population density: provided that the principle of derivation shall be constantly reflected in any approved formula as being not less than thirteen per cent of the revenue accruing to the federation account directly from any natural resources. any amount standing to the credit of the federation account shall be distributed among the federal and state governments and the local government councils in each state on such terms and in such manner as may be prescribed by the national assembly. any amount standing to the credit of the states in the federation account shall be distributed among the states on such terms and in such manner as may be prescribed by the national assembly. the amount standing to the credit of local government councils in the federation account shall also be allocated to the state for the benefit of their local government councils on such terms and in such manner as may be prescribed by the national assembly. each state shall maintain a special account to be called â��state joint local government accountâ�� into which shall be paid all allocations to the local government councils of the state from the federation account and from the government of the state. each state shall pay to local government councils in its area of jurisdiction such proportion of its total revenue on such terms and in such manner as may be prescribed by the national assembly. the amount standing to the credit of local government councils of a state shall be distributed among the local government councils of that state on such terms and in such manner as may be prescribed by the house of assembly of the state. any amount standing to the credit of the judiciary in the federation account shall be paid directly to the national judicial council for disbursement to the heads of courts established for the federation and the states under section 6 of this constitution. for the purpose of subsection (1) of this section, â��revenueâ�� means any income or return accruing to or derived by the government of the federation from any source and includesany receipt, however described, arising from the operation of any law; any return, however described, arising from or in respect of any property held by the government of the federation; any return by way of interest on loans and dividends in respect of shares or interest held by the government of the federation in any company or statutory body. where under an act of the national assembly, tax or duty is imposed in respect of any of the matters specified in item d of part ii of the second schedule to this constitution, the net proceeds of such tax or duty shall be distributed among the states on the basis of derivation and accordinglywhere such tax or duty is collected by the government of a state or other authority of the state, the net proceeds shall be treated as part of the consolidated revenue fund of that state; where such tax or duty is collected by the government of the federation or other authority of the federation, there shall be paid to each state at such times as the national assembly may prescribe a sum equal to the proportion of the net proceeds of such tax or duty that are derived from that state. 164 the federation may make grants to a state to supplement the revenue of that state in such sum and subject to such terms and conditions as may be prescribed by the national assembly. the federation may make external grants to a foreign state or any international body in furtherance of the foreign policy objectives of nigeria in such sum and subject to such terms and conditions as may be prescribed by the national assembly. each state shall, in respect of each financial year, pay to the federation an amount equal to such part of the expenditure incurred by the federation during that financial year for the purpose of collection of taxes or duties which are wholly or partly payable to the state pursuant to the provisions of this part of this chapter or of any act of the national assembly as is proportionate to the share of the proceeds of those taxes or duties received by the state in respect of that financial year. 166 any payment that is required by this part of this chapter to be made by the federation to a state may be set-off by the federation in or towards payment of any sum that is due from that state to the federation in respect of any loan made by the federation to that state. the right of set-off conferred by subsection (1) of this section shall be without prejudice to any other right of the federation to obtain payment of any sum due to the federation in respect of any loan. any payment that is required by this part of this chapter to be made by the federation to a state shall be a charge upon the consolidated revenue fund of the federation and any payment that is so required to be made by a state to the federation shall be a charge upon the consolidated revenue fund of that state. 168 where any payment falls to be made under this part of this chapter, the amount payable shall be certified by the auditor-general for the federation: provided that a provisional payment may be made before the auditor-general has given his certificate. the national assembly may prescribe the time at and manner in which any payment falling to be made under this part of this chapter shall be effected and provide for the making of adjustments and provisional payment. d. the public service of the federation there shall be a civil service of the federation. subject to the provisions of this constitution, the federal civil service commission may, with the approval of the president and subject to such conditions as it may deem fit, delegate any of the powers conferred upon it by this constitution to any of its members or to any officer in the civil service of the federation. 171 power to appoint persons to hold or act in the offices to which this section applies and to remove persons so appointed from any such office shall vest in the president. the offices to which this section applies are, namelysecretary to the government of the federation; head of the civil service of the federation; ambassador, high commissioner or other principal representative of nigeria abroad; permanent secretary in any ministry or head of any extra-ministerial department of the government of the federation howsoever designated; and any office on the personal staff of the president. an appointment to the office of the head of the civil service of the federation shall not be made except from among permanent secretaries or equivalent rank in the civil service of the federation or of a state. an appointment to the office of ambassador, high commissioner or other principal representative of nigeria abroad shall not have effect unless the appointment is confirmed by the senate. in exercising his powers of appointment under this section, the president shall have regard to the federal character of nigeria and the need to promote national unity. any appointment made pursuant to paragraphs (a) and (e) of subsection (2) of this section shall be at the pleasure of the president and shall cease when the president ceases to hold office: provided that where a person has been appointed from a public service of the federation or a state, he shall be entitled to return to the public service of the federation or of the state when the president ceases to hold office. a person in the public service of the federation shall observe and conform to the code of conduct. 173 subject to the provisions of this constitution, the right of a person in the public service of the federation to receive pension or gratuity shall be regulated by law. any benefit to which a person is entitled in accordance with or under such law as is referred to in subsection (1) of this section shall not be withheld or altered to his disadvantage except to such extent as is permissible under any law, including the code of conduct. pensions shall be reviewed every five years or together with any federal civil service salary reviews, whichever is earlier. pensions in respect of service in the public service of the federation shall not be taxed. 174 the attorney-general of the federation shall have powerto institute and undertake criminal proceedings against any person before any court of law in nigeria, other than a court-martial, in respect of any offence created by or under any act of the national assembly; to take over and continue any such criminal proceedings that may have been instituted by any other authority or person; and to discontinue at any stage before judgement is delivered any such criminal proceedings instituted or undertaken by him or any other authority or person. the powers conferred upon the attorney-general of the federation under subsection (1) of this section may be exercised by him in person or through officers of his department. in exercising his powers under this section, the attorney-general of the federation shall have regard to the public interest, the interest of justice and the need to prevent abuse of legal process. 175 the president maygrant any person concerned with or convicted of any offence created by an act of the national assembly a pardon, either free or subject to lawful conditions; grant to any person a respite, either for an indefinite or for a specified period, of the execution of any punishment imposed on that person for such an offence; substitute a less severe form of punishment for any punishment imposed on that person for such an offence; or remit the whole or any part of any punishment imposed on that person for such an offence or of any penalty or forfeiture otherwise due to the state on account of such an offence. the powers of the president under subsection (1) of this section shall be exercised by him after consultation with the council of state. the president, acting in accordance with the advice of the council of state, may exercise his powers under subsection (1) of this section in relation to persons concerned with offences against the army, naval or air-force law or convicted or sentenced by a court-martial. part ii. state executive a. governor of a state 176 there shall be for each state of the federation a governor. the governor of a state shall be the chief executive of that state. a person shall be qualified for election to the office of governor of a state ifhe is a citizen of nigeria by birth; he has attained the age of thirty-five years; he is a member of a political party and is sponsored by that political party; and he has been educated up to at least school certificate level or its equivalent. 178 an election to the office of governor of a state shall be held on a date to be appointed by the independent national electoral commission in accordance with the electoral act. an election to the office of governor of a state shall be held on a date not earlier than one hundred and fifty days and not later than thirty days before the expiration of the term of office of the last holder of that office. where in an election to the office of governor of a state one of the two or more candidates nominated for the election is the only candidate after the close of nomination, by reason of the disqualification, withdrawal, incapacitation, disappearance or death of the other candidates, the independent national electoral commission shall extend the time for nomination. for the purpose of an election under this section a state shall be regarded as one constituency. every person who is registered to vote at an election of a member of a legislative house shall be entitled to vote at an election to the office of governor of a state. 179 a candidate for an election to the office of governor of a state shall be deemed to have been duly elected to such office where, being the only candidate nominated for the electionhe has a majority of yes votes over no votes cast at the election; and he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the local government areas in the state, but where the only candidate fails to be elected in accordance with this subsection, then there shall be fresh nominations. a candidate for an election to the office of governor of a state shall be deemed to have been duly elected where, there being two or more candidateshe has the highest number of votes cast at the election; and he has not less than one-quarter of all the votes cast in each of at least two-thirds of all the local government areas in the state. in default of a candidate duly elected in accordance with subsection (2) of this section there shall be a second election in accordance with subsection (4) of this section at which the only candidates shall bethe candidate who secured the highest number of votes cast at the election; and one among the remaining candidates who secured a majority of votes in the highest number of local government areas in the state, so however that where there are more than one candidate with a majority of votes in the highest number of local government areas, the candidate among them with the next highest total of votes cast at the election shall be the second candidate. in default of a candidate duly elected under subsection (2) of this section, the independent national electoral commission shall within seven days of the result of the election held under that subsection, arrange for an election between the two candidates and a candidate at such election shall be deemed to have been duly elected to the office of governor of a state ifhe has a majority of the votes cast at the election; and he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the local government areas in the state. in default of a candidate duly elected under subsection (4) of this section, the independent national electoral commission shall within seven days of the result of the election held under that subsection, arrange for another election between the two candidates to which that sub-paragraph relates and a candidate at such election shall be deemed to have been duly elected to the office of governor of a state if he has a majority of the votes cast at the election. 180 subject to the provisions of this constitution, a person shall hold the office of governor of a state untilwhen his successor in office takes the oath of that office; or he dies whilst holding such office; or the date when his resignation from office takes effect; or he otherwise ceases to hold office in accordance with the provisions of this constitution. subject to the provisions of subsection (1) of this section, the governor shall vacate his office at the expiration of period of four years commencing from the date whenin the case of a person first elected as governor under this constitution, he took the oath of allegiance and oath of office; and the person last elected to that office took the oath of allegiance and oath of office or would, but for his death, have taken such oaths. in the determination of the four year term, where a re-run election has taken place and the person earlier sworn in wins the re-run election, the time spent in office before the date the election was annulled shall be taken into account. if the federation is at war in which the territory of nigeria is physically involved and the president considers that it is not practicable to hold elections, the national assembly may by resolution extend the period of four years mentioned in subsection (2) of this section from time to time, but no such extension shall exceed a period of six months at any one time. 181 if a person duly elected as governor dies before taking and subscribing the oath of allegiance and oath of office, or is unable for any reason whatsoever to be sworn in, the person elected with him as deputy governor shall be sworn in as governor and he shall nominate a new deputy-governor who shall be appointed by the governor with the approval of a simple majority of the house of assembly of the state. where the persons duly elected as governor and deputy governor of a state die or are for any reason unable to assume office before the inauguration of the house of assembly, the independent national electoral commission shall immediately conduct an election for a governor and deputy governor of the state. 182 no person shall be qualified for election to the office of governor of a state ifsubject to the provisions of section 28 of this constitution, he has voluntarily acquired the citizenship of a country other than nigeria or, except in such cases as may be prescribed by the national assembly, he has made a declaration of allegiance to such other country; or he has been elected to such office at any two previous elections; or under the law in any part of nigeria, he is adjudged to be a lunatic or otherwise declared to be of unsound mind; or he is under a sentence of death imposed by any competent court of law or tribunal in nigeria or a sentence of imprisonment for any offence involving dishonesty or fraud (by whatever name called) or any other offence imposed on him by any court or tribunal or substituted by a competent authority for any other sentence imposed on him by such a court or tribunal; or within a period of less than ten years before the date of election to the office of governor of a state he has been convicted and sentenced for an offence involving dishonesty or he has been found guilty of the contravention of the code of conduct; or he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in nigeria; or being a person employed in the public service of the federation or of any state, he has not resigned, withdrawn or retired from the employment at least thirty days to the date of the election; or he is a member of any secret society; or [deleted by the constitution of the federal republic of nigeria (first alteration) act, 2010] he has presented a forged certificate to the independent national electoral commission. where in respect of any person who has beenadjudged to be a lunatic; declared to be of unsound mind; sentenced to death or imprisonment; or adjudged or declared bankrupt, an appeal against the decision is pending in any court of law in accordance with any law in force in nigeria, subsection (1) of this section shall not apply during a period beginning from the date when such appeal is lodged and ending on the date when the appeal is finally determined or, as the case may be, the appeal lapses or is abandoned, whichever is earlier. the governor shall not, during the period when he holds office, hold any other executive office or paid employment in any capacity whatsoever. the national assembly shall make provisions in respect ofpersons who may apply to an election tribunal for the determination of any question as to whetherany person has been validly elected to the office of governor or deputy governor, the term of office of a governor or deputy governor has ceased, or the office of deputy governor has become vacant; circumstances and manner in which, and the conditions upon which such application may be made; and powers, practice and procedure of the election tribunal in relation to any such application. 185 a person elected to the office of the governor of a state shall not begin to perform the functions of that until he has declared his assets and liabilities as prescribed in the constitution and has subsequently taken and subscribed the oath of allegiance and oath of office prescribed in the seventh schedule to this constitution. the oath of allegiance and the oath of office shall be administered by the chief judge of the state or grand kadi of the sharia court of appeal of the state, if any or president of the customary court of appeal of the state, if any, or the person for the time being respectively appointed to exercise the functions of any of those offices in any state. there shall be for each state of the federation a deputy governor. 187 in any election to which the foregoing provisions of this part of this chapter relate a candidate for the office of governor of a state shall not be deemed to have been validly nominated for such office unless he nominates another candidate as his associate for his running for the office of governor, who is to occupy the office of deputy governor; and that candidate shall be deemed to have been duly elected to the office of deputy governor if the candidate who nominated him is duly elected as governor in accordance with the said provisions. the provisions of this part of this chapter relating to qualification for election, tenure of office, disqualifications, declaration of assets and liabilities and oath of governor shall apply in relation to the office of deputy governor as if references to governor were references to deputy governor. 188 the governor or deputy governor of a state may be removed from office in accordance with the provisions of this section. whenever a notice of any allegation in writing signed by not less than one-third of the members of the house of assemblyis presented to the speaker of the house of assembly of the state; stating that the holder of such office is guilty of gross misconduct in the performance of the functions of his office, detailed particulars of which shall be specified, the speaker of the house of assembly shall, within seven days of the receipt of the notice, cause a copy of the notice to be served on the holder of the office and on each member of the house of assembly, and shall also cause any statement made in reply to the allegation by the holder of the office, to be served on each member of the house of assembly. within fourteen days of the presentation of the notice to the speaker of the house of assembly (whether or not any statement was made by the holder of the office in reply to the allegation contained in the notice), the house of assembly shall resolve by motion, without any debate whether or not the allegation shall be investigated. a motion of the house of assembly that the allegation be investigated shall not be declared as having been passed unless it is supported by the votes of not less than two-thirds majority of all the members of the house of assembly. within seven days of the passing of a motion under the foregoing provisions of this section, the chief judge of the state shall at the request of the speaker of the house of assembly, appoint a panel of seven persons who in his opinion are of unquestionable integrity, not being members of any public service, legislative house or political party, to investigate the allegation as provided in this section. the holder of an office whose conduct is being investigated under this section shall have the right to defend himself in person or be represented before the panel by a legal practitioner of his own choice. a panel appointed under this section shallhave such powers and exercise its functions in accordance with such procedure as may be prescribed by the house of assembly; and within three months of its appointment, report its findings to the house of assembly. where the panel reports to the house of assembly that the allegation has not been proved, no further proceedings shall be taken in respect of the matter. where the report of the panel is that the allegation against the holder of the office has been proved, then within fourteen days of the receipt of the report, the house of assembly shall consider the report, and if by a resolution of the house of assembly supported by not less than two-thirds majority of all its members, the report of the panel is adopted, then the holder of the office shall stand removed from office as from the date of the adoption of the report. no proceedings or determination of the panel or of the house of assembly or any matter relating to such proceedings or determination shall be entertained or questioned in any court. in this sectionâ��gross misconductâ�� means a grave violation or breach of the provisions of this constitution or a misconduct of such nature as amounts in the opinion in the house of assembly to gross misconduct. 189 the governor or deputy governor of a state shall cease to hold office ifby a resolution passed by two-thirds majority of all members of the executive council of the state, it is declared that the governor or deputy governor is incapable of discharging the functions of his office; and the declaration in paragraph (a) of this subsection is verified, after such medical examination as may be necessary, by a medical panel established under subsection (4) of this section in its report to the speaker of the house of assembly. where the medical panel certifies in its report that in its opinion the governor or deputy governor is suffering from such infirmity of body or mind as renders him permanently incapable of discharging the functions of his office, a notice thereof signed by the speaker of the house of assembly shall be published in the official gazette of the government of the state. the governor or deputy governor shall cease to hold office as from the date of publication of the notice of the medical report pursuant to subsection (2) of this section. the medical panel to which this section relates shall be appointed by the speaker of the house of assembly of the state, and shall comprise five medical practitioners in nigeriaone of whom shall be the personal physician of the holder of the office concerned; and four other medical practitioners who have, in the opinion of the speaker of the house of assembly, attained a high degree of eminence in the field of medicine relative to the nature of the examination to be conducted in accordance with the foregoing provisions of this section. in this section, the reference to â��executive council of the stateâ�� is a reference to the body of commissioners of the government of the state, howsoever called, established by the governor and charged with such responsibilities for the functions of government as the governor may direct. 190 whenever the governor is proceeding on vacation or is otherwise unable to discharge the functions of his office, he shall transmit a written declaration to the speaker of the house of assembly to that effect, and until he transmits to the speaker of the house of assembly a written declaration to the contrary, the deputy governor shall perform the functions of the governor as acting governor. in the event that the governor is unable or fails to transmit the written declaration mentioned in subsection (1) of this section within 21 days, the house of assembly shall, by a resolution made by a simple majority of the vote of the house, mandate the deputy governor to perform the functions of the office of the governor as acting governor, until the governor transmits a letter to the speaker that he is now available to resume his functions as governor. 191 the deputy governor of a state shall hold the office of governor of the state if the office of governor becomes vacant by reason of death, resignation, impeachment, permanent incapacity or removal of the governor from office for any other reason in accordance with section 188 or 189 of this constitution. where any vacancy occurs in the circumstances mentioned in subsection (1) of this section during a period when the office of deputy governor of the state is also vacant, the speaker of the house of assembly of the state shall hold the office of governor of the state for a period of not more than three months, during which there shall be an election of a new governor of the state who shall hold office for the unexpired term of office of the last holder of the office. where the office of the deputy governor becomes vacantby reason of death, resignation, impeachment, permanent incapacity or removal in accordance with section 188 or 189 of this constitution; by his assumption of the office of governor of a state in accordance with subsection (1) of this section; or for any other reason, the governor shall nominate and with the approval of the house of assembly of the state, appoint a new deputy governor. 192 there shall be such offices of commissioners of the government of a state as may be established by the governor of the state. any appointment to the office of commissioner of the government of a state shall, if the nomination of any person to such office is confirmed by the house of assembly of the state, be made by the governor of that state and in making any such appointment the governor shall conform with the provisions of section 14(4) of this constitution. where a member of a house of assembly or of the national assembly is appointed as commissioner of the government of a state, he shall be deemed to have resigned his membership of the house of assembly or of the national assembly on his taking the oath of office as commissioner. no person shall be appointed as a commissioner of the government of a state unless he is qualified for election as a member of the house of assembly of the state. an appointment to the office of commissioner under this section shall be deemed to have been made where no return has been received from the house of assembly within twenty-one working days of the receipt of nomination, by the house of assembly. 193 the governor of a state may, in his discretion, assign to the deputy governor or any commissioner of the government of the state responsibility for any business of the government of that state, including the administration of any department of government. the governor of a state shall hold regular meetings with the deputy governor and all commissioners of the government of the state for the purposes ofdetermining the general direction of the policies of the government of the state; co-ordinating the activities of the governor, the deputy governor and the commissioners of the government of the state in the discharge of their executive responsibilities; and advising the governor generally in the discharge of his executive functions, other than those functions with respect to which he is required by this constitution to seek the advice or act on the recommendation of any other person or body. a commissioner of the government of a state shall not enter upon the duties of his office unless he has declared his assets and liabilities as prescribed in this constitution and has subsequently taken and subscribed the oath of allegiance and the oath for the due execution of the duties of his office prescribed in the seventh schedule to this constitution. 195 there shall be an attorney-general for each state who shall be the chief law officer of the state and commissioner for justice of the government of that state. a person shall not be qualified to hold or perform the functions of the office of the attorney-general of a state unless he is qualified to practise as a legal practitioner in nigeria and has been so qualified for not less than ten years. 196 the governor of a state may appoint any person as a special adviser to assist him in the performance of his functions. the number of such advisers and their remuneration and allowances shall be as prescribed by law or by resolution of the house of assembly of the state. any appointment made pursuant to the provisions of this section shall be at the pleasure of the governor, and shall cease when the governor ceases to hold office. a person appointed as a special adviser under subsection (1) of this section shall not begin to perform the functions of the office unless he has declared his assets and liabilities as prescribed in this constitution and has subsequently taken and subscribed the oath of allegiance and the oath of office prescribed in the seventh schedule to this constitution. b. establishment of certain state executive bodies 197 there shall be established for each state of the federation the following bodies, namelystate civil service commission; state independent electoral commission; and state judicial service commission. the composition and powers of each body established by subsection (1) of this section are as set out in part ii of the third schedule to this constitution. in appointing chairmen and members of boards and governing bodies of statutory corporations and companies in which the government of the state has controlling shares or interests and councils of universities, colleges and other institutions of higher learning, the governor shall conform with the provisions of section 14(4) of this constitution. except in the case of ex-officio members or where other provisions are made in this constitution, the chairman and members of any of the bodies so established shall, subject to the provisions of this constitution, be appointed by the governor of the state and the appointment shall be subject to confirmation by a resolution of the house of assembly of the state. 199 a person who is a member of any of the bodies established as aforesaid shall, subject to the provisions of this part, remain a member thereofin the case of an ex-officio member, whilst he holds the office by virtue of which he is a member of the body; in the case of a person who is a member by virtue of his having previously held an office, for the duration of his life; and in the case of a person who is a member otherwise than as an ex-officio member or otherwise than by virtue of his having previously held an office, for a period of five years from the date of his appointment. a member of any of the bodies shall cease to be a member if any circumstances arise that, if he were not a member of the body, would cause him to be disqualified for appointment as such a member. 200 no person shall be qualified for appointment as a member of any of the bodies aforesaid ifhe is not qualified or if he is disqualified for election as a member of a house of assembly provided that a member of any of the said bodies shall not be required to belong to a political party and, in the case of the state independent electoral commission, he shall not be a member of a political party; he has within the preceding ten years, been removed as a member of any of the bodies or as the holder of any other office on the ground of misconduct. any person employed in the public service of a state shall not be disqualified for appointment as chairman or member of any of such bodies provided that where such a person has been duly appointed, he shall on his appointment be deemed to have resigned his former office as from the date of the appointment. no person shall be qualified for appointment to any of the bodies aforesaid, if, having previously been appointed as a member otherwise than as an ex officio member of that body, he has been re-appointed for a further term as a member of the same body. 201 any person holding any of the offices to which this section applies shall only be removed from that office by the governor of that state acting on an address supported by two-thirds majority of the house of assembly of the state praying that he be so removed for inability to discharge the functions of the office (whether arising from infirmity of mind or body or any other cause) or for misconduct. this section applies to the offices of the chairman and members of the state civil service commission, the state independent electoral commission and the state judicial service commission. in exercising its power to make appointments or to exercise disciplinary control over persons the state civil service commission, the state independent electoral commission and the state judicial service commission shall not be subject to the direction and control of any other authority or person. 203 the quorum for a meeting of any of the bodies established by section 197 of this constitution shall not be less than one-third of the total number of members of that body at the date of the meeting. a member of such a body shall be entitled to one vote and a decision of the meeting may be taken and any act or thing may be done in the name of that body by a majority of the members present at a meeting. whenever such bodies are assembled for a meeting, the chairman or other person presiding shall, in all matters in which a decision is taken by vote (by whatever name such vote may be called) have a casting as well as a deliberative vote. subject to its rules of procedure, any such body may act or take any decision notwithstanding any vacancy in its membership or the absence of any member. 204 subject to subsection (2) of this section, any of the bodies may, with the approval of the governor, by rules or otherwise regulate its own procedure or confer powers or impose duties on any officer or authority for the purpose of discharging its functions. in the exercise of any powers under subsection (1) of this section any such body shall not confer powers or impose duties on any officer or authority of the federation except with the approval of the president. in this part of this chapter, unless the context otherwise requires:any reference to ex-officio member shall be construed as a reference to a person who is a member by virtue of his holding or performing the functions of an office in the public service of a state; office means an office in the public service of a state; any reference to member of any of the bodies established by section 197 of this constitution shall be construed as including a reference, to the chairman of that body; and misconduct means breach of the oath of allegiance or oath of office of a member or a breach of the provisions of this constitution or bribery or corruption or false declaration of assets and liabilities or conviction for treason or treasonable felony. c. the public service of a state there shall be for each state of the federation a civil service. subject to the provisions of this constitution, a state civil service commission may, with the approval of the governor and subject to such conditions as it may deem fit, delegate any of the powers conferred upon it by this constitution to any of its members or to any officer in the civil service of the state. 208 power to appoint persons to hold or act in the offices to which this section applies and to remove persons so appointed from any such office shall vest in the governor of the state. the offices to which this section applies are, namelysecretary to the government of the state; head of the civil service of the state; permanent secretary or other chief executive in any ministry or department of the government of the state howsoever designated; and any office on the personal staff of the governor. an appointment to the office of the head of the civil service of a state shall not be made except from among permanent secretaries or equivalent rank in the civil service of any state or of the federation. in exercising his powers of appointment under this section, the governor shall have regard to the diversity of the people within the state and the need to promote national unity. any appointment made pursuant to paragraphs (a) and (d) of subsection (2) of this section shall be at the pleasure of the governor and shall cease when the governor ceases to hold office: provided that where a person has been appointed from a public service of the federation or a state, he shall be entitled to return to the public service of the federation or of the state when the governor ceases to hold office. a person in the public service of a state shall observe and conform to the code of conduct. 210 subject to the provisions of subsection (2) of this section, the right of a person in the public service of a state to receive pension or gratuity shall be regulated by law. any benefit to which a person is entitled in accordance with or under such law as is referred to in subsection (1) of this section shall not be withheld or altered to his disadvantage except to such extent as is permissible under any law, including the code of conduct. pensions shall be reviewed every five years or together with any state civil service salary reviews, whichever is earlier. pensions in respect of service in the service of a state shall not be taxed. 211 the attorney-general of a state shall have powerto institute and undertake criminal proceedings against any person before any court of law in nigeria other than a court-martial in respect of any offence created by or under any law of the house of assembly; to take over and continue any such criminal proceedings that may have been instituted by any other authority or person; and to discontinue at any stage before judgement is delivered any such criminal proceedings instituted or undertaken by him or any other authority or person. the powers conferred upon the attorney-general of a state under subsection 1 of this section may be exercised by him in person or through officers of his department. in exercising his powers under this section, the attorney-general of a state shall have regard to the public interest, the interest of justice and the need to prevent abuse of legal process. 212 the governor maygrant any person concerned with or convicted of any offence created by any law of a state a pardon, either free or subject to lawful conditions; grant to any person a respite, of the execution of any punishment imposed on that person for such an offence; substitute a less severe form of punishment for any person for such an offence; or remit the whole or any part of punishment for any punishment imposed on that person for such any offence or of any penalty forfeiture otherwise due to the state on account of such an offence. the powers of the governor under subsection (1) of this section shall be exercised by him after consultation with such advisory council of the state on prerogative of mercy as may be established by law of the state. part iii. supplemental a. national population census 213 any report of the national population commission containing the population census after every census shall be delivered to the president by the chairman of the commission. the president shall within a period of thirty days after receipts of the report lay copies of the report before the council of state, which shall consider the report and advise the president whether to accept it or reject it. where the council of state advises the president to accept the report, the president shall accept the same and shall then lay the report on the table of each house of the national assembly. where the president accept such report and has laid it on the table of each house of the national assembly he shall publish it in the official gazette of the government of the federation for public information. where the council of state advises the president to reject upon the groundthat the population census contained in the report is inaccurate; or that the report is perverse, the president shall reject the report accordingly and no reliance shall be placed upon any such report by any authority or person or for any purpose what so ever. b. nigeria police force 214 there shall be a police force for nigeria, which shall be known as the nigeria police force, and subject to the provisions of this section no other police force shall be established for the federation or any part thereof. subject to the provisions of this constitutionthe nigeria police force shall be organised and administered in accordance with such provisions as may be prescribed by an act of the national assembly; the members of the nigeria police shall have such powers and duties as maybe conferred upon them by law; the national assembly may make provisions for branches of the nigeria police force forming part of the armed forces of the federation or for the protection of harbours, waterways, railways and air fields. 215 there shall bean inspector-general of police who, subject to section 216(2) of this constitution shall be appointed by the president on the advice of the nigeria police council from among serving members of the nigeria police force; a commissioner of police for each state of the federation who shall be appointed by the police service commission. the nigeria police force shall be under the command of the inspector-general of police and contingents of the nigeria police force stationed in a state shall, subject to the authority of the inspector-general of police, be under the command of the commissioner of police of that state. the president or such other minister of the government of the federation as he may authorise in that behalf may give to the inspector-general of police such lawful directions with respect to the maintenance and securing of public safety and public order as he may consider necessary, and the inspector-general of police shall comply with those direction or cause them to be compiled with. subject to the provisions of this section, the governor of a state or such commissioner of the government state as he may authorise in that behalf, may give to the commissioner of police of that state such lawful directions with respect to the maintenance and securing of public safety and public order within the state as he may consider necessary, and the commissioner of police shall comply with those directions or cause them to be complied with: provided that before carrying out any such directions under the foregoing provisions of this subsection the commissioner of police may request that the matter be referred to the president or such minister of the government of the federation as may be authorised in that behalf by the president for his directions. the question whether any, and if so what, directions have been given under this section shall not be inquired into in any court. 216 subject to the provisions of this constitution, the nigeria police council may, with the approval of the president and subject to such conditions as it may think fit, delegate any of the powers conferred upon it by this constitution to any of its members or to the inspector-general of police or any other member of the nigeria police force. before making any appointment to the office of the inspector-general of police or removing him from office the president shall consult the nigeria police council. c. armed forces of the federation 217 there shall be an armed forces for the federation which shall consist of an army, a navy, an air force and such other branches of the armed forces of the federation as may be established by an act of the national assembly. the federation shall, subject to an act of the national assembly made in that behalf, equip and maintain the armed forces as may be considered adequate and effective for the purpose ofdefending nigeria from external aggression; maintaining its territorial integrity and securing its borders from violation on land, sea, or air; suppressing insurrection and acting in aid of civil authorities to restore order when called upon to do so by the president, but subject to such conditions as may be prescribed by an act of the national assembly; and performance such other functions as may be prescribed by an act of the national assembly. the composition of the officer corps and other ranks of the armed forces of the federation shall reflect the federal character of nigeria. 218 the powers of the president as the commissioner-in-chief of the armed forces of the federation shall include power to determine the operational use of the armed forces of the federation. the powers conferred on the president by subsection (1) of this section shall include power to appoint the chief of defence staff, the chief of army staff, the chief of naval staff, the chief of air staff and heads of any other branches of the armed forces of the federation as may be established by an act of the national assembly. the president may, by directions in writing and subject to such conditions as he think fit, delegate to any member of the armed forces of the federation his powers relating to the operational use of the armed forces of the federation. the national assembly shall have power to make laws for the regulation ofthe powers exercisable by the president as commander-in-chief of the armed forces of the federation; and the appointment, promotion and disciplinary control of members of the armed forces of the federation. the national assembly shallin giving effect to the functions specified in section 217 of this constitution; and with respect to the powers exercisable by the president under section 218 of this constitution, by an act, established a body which shall comprise such members as the national assembly may determine, and which shall have power to ensure that the composition of the armed forces of the federation shall reflect the federal character of nigeria in the manner prescribed in the section 217 of this constitution. 220 the federation shall establish and maintain adequate facilities for carrying into effect any act of the national assembly providing for compulsory military training or military service for citizens of nigeria. until an act of the national assembly is made in that behalf the president may maintain adequate facilities in any secondary or post-secondary educational institution in nigeria for giving military training in any such institution which desires to have the training. d. political parties no association, other than a political party, shall canvass for votes for any candidate at any election or contribute to the funds of any political party or to the election expenses of any candidate at an election. no association by whatever name called shall function as a party, unlessthe names and addresses of its national officers are registered with the independent national electoral commission; the membership of the association is open to every citizen of nigeria irrespective of his place of origin, circumstance of birth, sex, religion or ethnic grouping; a copy of its constitution is registered in the principal office of the independent national electoral commission in such form as may be prescribed by the independent national electoral commission; any alteration in its registered constitution is also registered in the principal office of the independent national electoral commission within thirty days of the making of such alteration; the name of the association, its symbol or logo does not contain any ethnic or religious connotation or give the appearance that the activities of the association are confined to a part only of the geographical area of nigeria; and the headquarters of the association is situated in the federal capital territory, abuja. 223 the constitution and rules of a political party shallprovide for the periodical election on a democratic basis of the principal officers and members of the executive committee or other governing body of the political party; and ensure that the members of the executive committee or other governing body of the political party reflect the federal character of nigeria. for the purposes of this sectionthe election of the officers or members of the executive committee of a political party shall be deemed to be periodical only if it is made at regular intervals not exceeding four years; and the members of the executive committee or other governing body of the political party shall be deemed to reflect the federal character of nigeria only if the members thereof belong to different states not being less in member than two-thirds of all the states comprising the federation. the programme as well as the aims and objects of a political party shall conform with the provisions of chapter ii of this constitution. 225 every political party shall, at such times and in such manner as the independent national electoral commission may require, submit to the independent national electoral commission and publish a statement of its assets and liabilities. every political party shall submit to the independent national electoral commission a detailed annual statement and analysis of its sources of funds and other assets together with a similar statement of its expenditure in such form as the commission may require. no political party shallhold or possess any funds or other assets outside nigeria; or be entitled to retain any funds or assets remitted or sent to it from outside nigeria. any funds or other assets remitted or sent to a political party from outside nigeria shall be paid over or transferred to the commission within twenty-one days of its receipt with such information as the commission may require. the commission shall have power to give directions to political parties regarding the books or records of financial transactions which they shall keep and, to examine all such books and records. the powers conferred on the commission under subsection (4) of this section may be exercised by it through any member of its staff or any person who is an auditor by profession, and who is not a member of a political party. 226 the independent national electoral commission, shall in every year prepare and submit to the national assembly a report on the accounts and balance sheet of every political party. it shall be the duty of the commission, in preparing its report under this section, to carry out such investigations as will enable it to form an opinion as to whether proper books of accounts and proper records have been kept by any political party, and if the commission is of the opinion that proper books of accounts have not been kept by a political party, the commission shall so report. every member of the commission or its duly authorised agent shallhave a right of access at all times to the books and accounts and vouchers of all political parties; and be entitled to require from the officers of the political party such information and explanation as he thinks necessary for the performance of his duties under this constitution, and if the member of the commission or such agent fails or is unable to obtain all the information and explanation which to the best of his knowledge and belief are necessary for the purposes of the investigation, the commission shall state that fact in its report. no association shall retain, organise, train or equip any person or group of persons for the purpose of enabling them to be employed for the use or display of physical force or coercion in promoting any political objective or interest or in such manner as to arouse reasonable apprehension that they are organised and trained or equipped for that purpose. 228. powers of the national assembly with respect to political parties the national assembly may by law provideguidelines and rules to ensure internal democracy within political parties, including making laws for the conduct of party primaries, party congresses and party conventions; and the conferment on the independent national electoral commission of powers as may appear to the national assembly to be necessary or desirable for the purpose of enabling the commission more effectively to ensure that political parties observe the practices of internal democracy, including the fair and transparent conduct of party primaries, party congresses and party conventions; for an annual grant to the independent national electoral commission for disbursement to political parties on a fair and equitable basis to assist them in the discharge of their functions; and for the conferment on the commission of other powers as may appear to the national assembly to be necessary or desirable for the purpose of enabling the commission more effectively to ensure that political parties observe the provisions of this part of this chapter. in this part of this chapter, unless the context otherwise requires, â��political partyâ�� includes any association whose activities include canvassing for votes in support of a candidate for election to the office of president, vice-president, governor, deputy governor or membership of a legislative house or of a local government council. chapter vii. the judicature part i. federal courts a. the supreme court of nigeria 230 there shall be a supreme court of nigeria. the supreme court of nigeria shall consist ofthe chief justice of nigeria; and such number of justices of the supreme court, not exceeding twenty-one, as may be prescribed by an act of the national assembly. 231 the appointment of a person to the office of chief justice of nigeria shall be made by the president on the recommendation of the national judicial council subject to confirmation of such appointment by the senate. the appointment of a person to the office of a justice of the supreme court shall be made by the president on the national judicial council subject to confirmation of such appointment by the senate. a person shall not be qualified to hold the office of chief justice of nigeria or a justice of the supreme court, unless he is qualified to practice as a legal practitioner in nigeria and has been so qualified for a period of not less than fifteen years. if the office of chief justice of nigeria is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to and has assumed the functions of that office, or until the person holding has resumed those functions, the president shall appoint the most senior justice of the supreme court to perform those functions. except on the recommendation of the national judicial council, an appointment pursuant to the provisions of subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment, and the president shall not re-appointment a person whose appointment has lapsed. 232 the supreme court shall, to the exclusion of any other court, have original jurisdiction in any dispute between the federation and a state or between states if and in so far as that dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends. in addition to the jurisdiction conferred upon it by subsection (1) of this section, the supreme court shall have such original jurisdiction as may be conferred upon it by any act of the national assembly: provided that no original jurisdiction shall be conferred upon the supreme court with respect to any criminal matter. 233 the supreme court shall have jurisdiction, to the exclusion of any other court of law in nigeria, to hear and determine appeals from the court of appeal. an appeal shall lie from the decisions of the court of appeal to the supreme court as of right in the following casesâ�� where the ground of appeal involves questions of law alone, decisions in any civil or criminal proceedings before the court of appeal; decisions in any civil or criminal proceedings on questions as to the interpretation or application of this constitution; decisions in any civil or criminal proceedings on questions as to whether any of the provisions of chapter iv of this constitution has been, is being or is likely to be, contravened in relation to any person; decisions in any criminal proceedings in which any person has been sentenced to death by the court of appeal or in which the court of appeal has affirmed a sentence of death imposed by any other court; decisions on any questionâ�� whether any person has been validly elected to the office of president or vice-president under this constitution, whether the term of office of president or vice-president has ceased, whether the office of president or vice-president has become vacant; whether any person has been validly elected to the office of governor or deputy governor under this constitution, whether the term of office of a governor or deputy governor has ceased, whether the office of governor or deputy governor has become vacant; and such other cases as may be prescribed by an act of the national assembly. for the purpose of exercising any jurisdiction conferred upon it by this constitution or any law, the supreme court shall be duly constituted if it consists of not less than five justices of the supreme court: provided that where the supreme court is sitting to consider an appeal brought under 233(2) (b) or (c) of this constitution, or to exercise its original jurisdiction in accordance with section 232 of this constitution, the court shall be constituted by seven justices. without prejudice to the powers of the president or of the governor of a state with respect to prerogative of mercy, no appeal shall lie to any other body or person from any determination of the supreme court. subject to the provisions of any act of the national assembly, the chief justice of nigeria may make rules for regulating the practice and procedure of the supreme court. b. the court of appeal 237 there shall be a court of appeal. the court of appeal shall consist ofa president of the court of appeal; and such number of justices of the court of appeal, not less than forty-nine of which not less than three shall be learned in islamic personal law, and not less than three shall be learned in customary law, as may be prescribed by an act of the national assembly. 238 the appointment of a person to the office of president of the court of appeal shall be made by the president on the recommendation of the national judicial council subject to confirmation of such appointment by the senate. the appointment of a person to the office of a justice of the court of appeal shall be made by the president on the recommendation of the national judicial council. a person shall not be qualified to hold the office of a justice of the court of appeal unless he is qualified to practise as a legal practitioner in nigeria and has been so qualified for a period of not less than twelve years. if the office of the president of the court of appeal is vacant, or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to and has assumed the functions of that office, or until the person holding the office has resumed those functions, the president shall appoint the most senior justice of the court of appeal to perform those functions. except on the recommendation of the national judicial council, an appointment pursuant to the provisions of subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment, and the president shall not re-appoint a person whose appointment has lapsed. 239 subject to the provisions of this constitution, the court of appeal shall, to the exclusion of any other court of law in nigeria, have original jurisdiction to hear and determine any question as to whetherâ�� any person has been validly elected to the office of president or vice-president under this constitution; or the term of office of the president or vice-president has ceased; or the office of president or vice-president has become vacant. in the hearing and determination of an election petition under paragraph (a) of subsection (1) of this section, the court of appeal shall be duly constituted if it consists of at least three justices of the court of appeal. subject to the provisions of this constitution, the court of appeal shall have jurisdiction to the exclusion of any other court of law in nigeria, to hear and determine appeals from the federal high court, the national industrial court, the high court of the federation capital territory, abuja, high court of a state, sharia court of appeal of the federal capital territory, abuja, sharia court of appeal of a state, customary court of appeal of a state and from decisions of a court-martial or other tribunals as may be prescribed by an act of the national assembly. 241 an appeal shall lie from decisions of the federal high court or a high court to the court of appeal as of right in the following casesfinal decisions in any civil or criminal proceedings before the federal high court or a high court or a high court sitting at first instance; where the ground of appeal involves questions of law alone, decisions in any civil or criminal proceedings; decisions in any civil or criminal proceedings on questions as to the interpretation or application of this constitution; decisions in any civil or criminal proceedings on questions as to whether any of the provisions of chapter iv of this constitution has been, is being or is likely to be, contravened in relation to any person; decisions in any criminal proceedings in which the federal high court or a high court has imposed a sentence of death; decisions made or given by the federal high court or a high courtwhere the liberty of a person or the custody of an infant is concerned, where an injunction or the appointment of a receiver is granted or refused, in the case of a decision determining the case of a creditor or the liability of a contributory or other officer under any enactment relating to companies in respect of misfeasance or otherwise, in the case of a decree nisi in a matrimonial cause or a decision in an admiralty action determining liability, and in such other cases as may be prescribed by any law in force in nigeria. nothing in this section shall confer any of appealfrom a decision of the federal high court or any high court granting unconditional leave to defend an action; from an order absolute for the dissolution or nullity of marriage in favour of any party who, having had time and opportunity to appeal from the decree nisi on which the order was founded, has not appealed from that decree nisi; and without the leave of the federal high court or a high court or of the court of appeal from a decision of the federal high court or high court made with the consent of the parties or as to costs only. 242 subject to the provisions of section 241 of this constitution, an appeal shall lie from decisions of the federal high court or a high court to the court of appeal with the leave of the federal high court or high court or the court of appeal. the court of appeal may dispose of any application for leave to appeal from any decision of the federal high court or a high court in respect of any civil or criminal proceedings in which an appeal has been brought to the federal high court or a high court from any other court after consideration of the record of the proceedings, if the court of appeal is of the opinion that the interests of justice do not require an oral hearing of the application. 243 any right of appeal to the court of appeal from the decisions of the federal high court or a high court conferred by this constitution shall beexercisable in the case of civil proceedings at the instance of a party thereto, or with the leave of the federal high court or high court or the court of appeal at the instance of any other person having an interest in the matter, and in the case of criminal proceedings at the instance of an accused person or, subject to the provisions of this constitution and any powers conferred upon the attorney-general of the federation or the attorney-general of a state to take over and continue or to discontinue such proceedings, at the instance of such other authorities or persons as may be prescribed; exercised in accordance with any act of the national assembly and rules of court for the time being in force regulating the powers, practice and procedure of the court of appeal. an appeal shall lie from the decision of the national industrial court as of right to the court of appeal on questions of fundamental rights as contained in chapter iv of this constitution as it relates to matters upon which the national industrial court has jurisdiction. an appeal shall only lie from the decision of the national industrial court to the court of appeal as may be prescribed by an act of the national assembly: provided that where an act or law prescribes that an appeal shall lie from the decisions of the national industrial court to the court of appeal, such appeal shall be with the leave of the court of appeal. without prejudice to the provisions of section 254c (5) of this act, the decision of the court of appeal in respect of any appeal arising from any civil jurisdiction of the national industrial court shall be final. 244 an appeal shall lie from decisions of a sharia court of appeal to the court of appeal as of right in any civil proceedings before the sharia court of appeal with respect to any question of islamic personal law which the sharia court of appeal is competent to decide. any right of appeal to the court of appeal from the decisions of a sharia court of appeal conferred by this section shall beexercisable at the instance of a party thereto or, with the leave of the sharia court of appeal or of the court of appeal, at the instance of any other person having an interest in the matter; and exercised in accordance with an act of the national assembly and rules of court for the time being in force regulating the powers, practice and procedure of the court of appeal. 245 an appeal shall lie from decisions of a customary court of appeal to the court of appeal as of right in any civil proceedings before the customary court of appeal with respect to any question of customary law and such other matters as may be prescribed by an act of the national assembly. any right of appeal to the court of appeal from the decisions of a customary court of appeal conferred by this section shall beexercisable at the instance of a party thereto or, with the leave of the customary court of appeal or of the court of appeal, at the instance of any other person having an interest in the matter; exercised in accordance with any act of the national assembly and rules of court for the time being in force regulating the powers, practice and procedure of the court of appeal. 246 an appeal to the court of appeal shall lie as of right fromâ�� decisions of the code of conduct tribunal established in the fifth schedule to this constitution; decisions of the national and state houses of assembly election tribunals; and decisions of the governorship election tribunals, on any question as to whetherâ�� any person has been validly elected as a member of the national assembly or of a house of assembly of a state under this constitution, any person has been validly elected to the office of a governor or deputy governor, or the term of office of any person has ceased or the seat of any such person has become vacant. the national assembly may confer jurisdiction upon the court of appeal to hear and determine appeals from any decision of any other court of law or tribunal established by the national assembly. the decisions of the court of appeal in respect of appeals arising from the national and state houses of assembly election petitions shall be final. 247 for the purpose of exercising any jurisdiction conferred upon it by this constitution or any other law, the court of appeal shall be duly constituted if it consists of not less than three justices of the court of appeal and in the case of appeals froma sharia court of appeal if it consists of not less than three justices of the court of appeal learned in islamic personal law; and a customary court of appeal, if it consists of not less than three justices of court of appeal learned in customary law. subject to the provisions of any act of the national assembly, the president of the court of appeal may make rules for regulating the practice and procedure of the court of appeal. c. the federal high court 249 there shall be a federal high court. the federal high court shall consist ofa chief judge of the federal high court; and such number of judges of the federal high court as may be prescribed by an act of the national assembly. 250 the appointment of a person to the office of chief judge of the federal high court shall be made by the president on the recommendation of the national judicial council, subject to confirmation of such appointment by the senate. the appointment of a person to the office of a judge of the federal high court shall be made by the president on the recommendation of the national judicial council. a person shall not be qualified to hold the office of chief judge of the federal high court unless he is qualified to practise as a legal practitioner in nigeria and has been so qualified for a period of not less than ten years. if the office of chief judge of the federal high court is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then, until a person has been appointed to and has assumed those functions of that office until the person holding the office has resumed those functions the president shall appoint the most senior judge of the federal high court to perform those functions. except on the recommendation of the national judicial council, an appointment pursuant to the provisions of subsection (3) of this section shall cease to have effect after the expiration of three months from the date of such appointment and the president shall not re-appoint a person whose appointment has lapsed. 251 notwithstanding anything to the contrary contained in this constitution and in addition to such other jurisdiction as may be conferred upon it by an act of the national assembly, the federal high court shall have and exercise jurisdiction to the exclusion of any other court in civil causes and mattersrelating to the revenue of the government of the federation in which the said government or any organ thereof or a person suing or being sued on behalf of the said government is a party; connected with or pertaining to the taxation of companies and other bodies established or carrying on business in nigeria and all other persons subject to federal taxation; connected with or pertaining to customs and excise duties and export duties, including any claim by or against the nigeria customs service or any member or officer thereof, arising from the performance of any duty imposed under any regulation relating to customs and excise duties and export duties; connected with or pertaining to banking, banks, other financial institutions, including any action between one bank and another, any action by or against the central bank of nigeria arising from banking, foreign exchange, coinage, legal tender, bills of exchange, letters of credit, promissory notes and other fiscal measures: provided that this paragraph shall not apply to any dispute between an individual customer and his bank in respect of transactions between the individual customer and the bank; arising from the operation of the companies and allied matters act or any other enactment replacing the act or regulating the operation of companies incorporated under the companies and allied matters act; any federal enactment relating to copyright, patent, designs, trademarks and passing-off, industrial designs and merchandise marks, business names, commercial and industrial monopolies, combines and trusts, standards of goods and commodities and industrial standards; any admiralty jurisdiction, including shipping and navigation on the river niger or river benue and their affluents and on such other inland waterway as may be designated by any enactment to be an international waterway, all federal ports, (including the constitution and powers of the ports authorities for federal ports) and carriage by sea; diplomatic, consular and trade representation; citizenship, naturalisation and aliens, deportation of persons who are not citizens of nigeria, extradition, immigration into and emigration from nigeria, passports and visas; bankruptcy and insolvency; aviation and safety of aircraft; arms, ammunition and explosives; drugs and poisons; mines and minerals (including oil fields, oil mining, geological surveys and natural gas); weights and measures; the administration or the management and control of the federal government or any of its agencies; subject to the provisions of this constitution, the operation and interpretation of this constitution in so far as it affects the federal government or any of its agencies; any action or proceeding for a declaration or injunction affecting the validity of any executive or administrative action or decision by the federal government or any of its agencies; and such other jurisdiction civil or criminal and whether to the exclusion of any other court or not as may be conferred upon it by an act of the national assembly: provided that nothing in the provisions of paragraphs (p), (q) and (r) of this subsection shall prevent a person from seeking redress against the federal government or any of its agencies in an action for damages, injunction or specific performance where the action is based on any enactment, law or equity. the federal high court shall have and exercise jurisdiction and powers in respect of treason, treasonable felony and allied offences. the federal high court shall also have and exercise jurisdiction and powers in respect of criminal causes and matters in respect of which jurisdiction is conferred by subsection (1) of this section. the federal high court shall have and exercise jurisdiction to determine any question as to whether the term of office or a seat of a member of the senate or the house of representatives has ceased or his seat has become vacant. 252 for the purpose of exercising any jurisdiction conferred upon it by this constitution or as may be conferred by an act of the national assembly, the federal high court shall have all the powers of the high court of a state. notwithstanding subsection (1) of this section, the national assembly may by law make provisions conferring upon the federal high court powers additional to those conferred by this section as may appear necessary or desirable for enabling the court more effectively to exercise its jurisdiction. the federal high court shall be duly constituted if it consists of at least one judge of that court. subject to the provisions of any act of the national assembly, the chief judge of the federal high court may make rules for regulating the practice and procedure of the federal high court. cc. the national industrial court of nigeria 254a there shall be a national industrial court of nigeria. the national industrial court shall consist of: president of the national industrial court; and such number of judges of the national industrial court as may be prescribed by an act of the national assembly. 254b the appointment of a person to the office of president of the national industrial court shall be made by the president on the recommendation of the national judicial council subject to confirmation of such appointment by the senate. the appointment of a person to the office of a judge of the national industrial court shall be made by the president on the recommendation of the national judicial council. a person shall not be eligible to hold the office of a president of the national industrial court unless the person is qualified to practice as a legal practitioner in nigeria and has been so qualified for a period of not less than ten years and has considerable knowledge and experience in the law and practice of industrial relations and employment conditions in nigeria. a person shall not be eligible to hold the office of a judge of the national industrial court unless the person is a legal practitioner in nigeria and has been so qualified for a period of not less than ten years and has considerable knowledge and experience in the law and practice of industrial relations and employment conditions in nigeria. if the office of the president of the national industrial court is vacant, or if the person holding the office is for any reason unable to perform the functions of the office, then, until a person has been appointed to and assumed the functions of that office or until the person holding the office has resumed those functions, the president shall appoint the most senior judge of the court having the qualification to be appointed as president of the national industrial court as provided under subsection (3) of this section to perform those functions. except on the recommendation of the national judicial council, an appointment pursuant to the provisions of subsection (5) of this section shall cease to have effect after the expiration of three months from the date of such appointment and the president shall not re-appoint a person whose appointment has lapsed. 254c notwithstanding the provisions of sections 251, 257, 272 and anything contained in this constitution and in addition to such other jurisdiction as may be conferred upon it by an act of the national assembly, the national industrial court shall have and exercise jurisdiction to the exclusion of any other court in civil causes and mattersâ�� relating to or connected with any labour, employment, trade unions, industrial relations and matters arising from workplace, the conditions of service, including health, safety, welfare of labour, employee, worker and matters incidental thereto or connected therewith; relating to, connected with or arising from factories act, trade disputes act, trade unions act, labour act, employeesâ�� compensation act or any other act or law relating to labour, employment, industrial relations, workplace or any other enactment replacing the acts or laws; relating to or connected with the grant of any order restraining any person or body from taking part in any strike, lock-out or any industrial action, or any conduct in contemplation or in furtherance of a strike, lock-out or any industrial action and matters connected therewith or related thereto; relating to or connected with any dispute over the interpretation and application of the provisions of chapter iv of this constitution as it relates to any employment, labour, industrial relations, trade unionism, employerâ��s association or any other matter which the court has jurisdiction to hear and determine; relating to or connected with any dispute arising from national minimum wage for the federation or any part thereof and matters connected therewith or arising therefrom; relating to or connected with unfair labour practice or international best practices in labour, employment and industrial relation matters; relating to or connected with any dispute arising from discrimination or sexual harassment at workplace; relating to, connected with or pertaining to the application or interpretation of international labour standards; connected with or related to child labour, child abuse, human trafficking or any matter connected therewith or related thereto; relating to the determination of any question as to the interpretation and application of anyâ�� collective agreement; award or order made by an arbitral tribunal in respect of a trade dispute or a trade union dispute; award or judgment of the court; term of settlement of any trade dispute; trade union dispute or employment dispute as may be recorded in a memorandum of settlement; trade union constitution, the constitution of an association of employers or any association relating to employment, labour, industrial relations or work place; dispute relating to or connected with any personnel matter arising from any free trade zone in the federation or any part thereof; relating to or connected with disputes arising from payment or nonpayment of salaries, wages, pensions, gratuities, allowances, benefits and any other entitlement of any employee, worker, political or public office holder, judicial officer or any civil or public servant in any part of the federation and matters incidental thereto; relating toâ�� appeals from the decisions of the registrar of trade unions, or matters relating thereto or connected therewith; appeals from the decisions or recommendations of any administrative body or commission of enquiry, arising from or connected with employment, labour, trade unions or industrial relations; and such other jurisdiction, civil or criminal and whether to the exclusion of any other court or not, as may be conferred upon it by an act of the national assembly; relating to or connected with the registration of collective agreements. notwithstanding anything to the contrary in this constitution, the national industrial court shall have the jurisdiction and power to deal with any matter connected with or pertaining to the application of any international convention, treaty or protocol of which nigeria has ratified relating to labour, employment, workplace, industrial relations or matters connected therewith. the national industrial court may establish an alternative dispute resolutions centre within the court premises on matters which jurisdiction is conferred on the court by this constitution or any act or law: provided that nothing in this subsection shall preclude the national industrial court from entertaining and exercising appellate and supervisory jurisdiction over an arbitral tribunal or commission, administrative body, or board of inquiry in respect of any matter that the national industrial court has jurisdiction to entertain or any other matter as may be prescribed by an act of the national assembly or any law in force in any part of the federation. the national industrial court shall have and exercise jurisdiction and powers to entertain any application for the enforcement of the award, decision, ruling or order made by any arbitral tribunal or commission, administrative body, or board of inquiry relating to, connected with, arising from or pertaining to any matter of which the national industrial court has the jurisdiction to entertain. the national industrial court shall have and exercise jurisdiction and powers in criminal causes and matters arising from any cause or matter of which jurisdiction is conferred on the national industrial court by this section or any other act of the national assembly or by any other law. notwithstanding anything to the contrary in this constitution, appeal shall lie from the decision of the national industrial court from matters in sub-section 5 of this section to the court of appeal as of right. 254d for the purpose of exercising any jurisdiction conferred upon it by this constitution or as may be conferred by an act of the national assembly, the national industrial court shall have all the powers of a high court. notwithstanding subsection (1) of this section, the national assembly may by law, make provisions conferring upon the national industrial court powers additional to those conferred by this section as may appear necessary or desirable for enabling the court to be more effective in exercising its jurisdiction. 254e for the purpose of exercising any jurisdiction conferred upon it by this constitution or any other law, the national industrial court shall be duly constituted if it consists of a single judge or not more than three judges as the president of the national industrial court may direct. for the purpose of exercising its criminal jurisdiction, the president of the court may hear and determine or assign a single judge of the court to hear and determine such matter. for the purpose of exercising any jurisdiction conferred upon it by the constitution or any other law, the court may, if it thinks it expedient to do so or in a manner prescribed under any enactment, law or rules of court, call in the aid of one or more assessors specially qualified to try and hear the cause or matter wholly or partly with the assistance of such assessors. for the purpose of subsection(3) of this section, an assessor shall be a person who is qualified and experienced in his field of specialization and who has been so qualified for a period of not less than ten years. 254f subject to the provisions of any act of the national assembly, the president of the national industrial court may make rules for regulating the practice and procedure of the national industrial court. for the purpose of exercising its criminal jurisdiction, the provisions of the criminal code, penal code, criminal procedure act, criminal procedure code or evidence act shall apply. d. the high court of the federal capital territory, abuja 255 there shall be a high court of the federal capital territory, abuja. the high court of the federal capital territory, abuja shall consist ofa chief judge of the high court of the federal capital territory, abuja; and such number of judges of the high court as may be prescribed by an act of the national assembly. 256 the appointment of a person to the office of chief judge of the high court of the federal capital territory, abuja shall be made by the president on the recommendation of the national judicial council, subject to confirmation of such appointment by the senate. the appointment of a person to the office of a judge of the high court of the federal capital territory, abuja shall be made by the president on the recommendation of the national judicial council. a person shall not be qualified to hold the office of a chief judge or a judge of the high court of the federation capital territory, abuja unless he is qualified to practice as a legal practitioner in nigeria and has been so qualified for a period of not less than ten years. if the office of the chief judge of the high court of the federal capital territory, abuja is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to and has assumed the functions of that office until the person holding the office has resumed those functions, the president shall appoint the most senior judge of the high court of the federal capital territory, abuja, to perform those functions. except on the recommendation of the national judicial council, an appointment pursuant to the provisions of subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment and the president shall not re-appoint a person whose appointment has lapsed. 257 subject to the provisions of section 251 and any other provisions of this constitution and in addition to such other jurisdiction as may be conferred upon it by law, the high court of the federal capital territory, abuja shall have jurisdiction to hear and determine any civil proceedings in which the existence or extent of a legal right, power, duty, liability privilege, interest, obligation or claim is in issue or to hear and determine any criminal proceedings involving or relating to any penalty, forfeiture, punishment or other liability in respect of an offence committed by any person. the reference to civil or criminal proceedings in this section includes a reference to the proceedings which originate in the high court of the federal capital territory, abuja and those which are brought before the high court of the federal capital territory, abuja to be dealt with by the court in the exercise of its appellate or supervisory jurisdiction. the high court of the federal capital territory, abuja shall be duly constituted if it consists of at least one judge of that court. subject to the provisions of any act of the national assembly, the chief judge of the high court of the federal capital territory, abuja may make rules for regulating the practice and procedure of the high court of the federal capital territory, abuja. e. the sharia court of appeal of the federal capital territory, abuja 260 there shall be a sharia court of appeal of the federal capital territory, abuja. the sharia court of appeal of the federal capital territory, abuja shall consist ofa grand kadi of the sharia court of appeal; and such number of kadis of the sharia court of appeal as may be prescribed by an act of the national assembly. 261 the appointment of a person to the office of the grand kadi of the sharia court of appeal of the federal capital territory, abuja shall be made by the president on the recommendation of the national judicial council, subject to confirmation of such appointment by the senate. the appointment of a person to the office of a kadi of the sharia court of appeal shall be made by the president on the recommendation of the national judicial council. a person shall not be qualified to hold office as grand kadi or kadi of the sharia court of appeal of the federal capital territory, abuja unlesshe is a legal practitioner in nigeria and has so qualified for a period of not less than ten years and has obtained a recognised qualification in islamic law from an institution acceptable to the national judicial council; or he has attended and has obtained a recognised qualification in islamic law from an institution approved by the national judicial council and has held the qualification for a period of not less than twelve years; and he either has considerable experience in the practice of islamic law, or he is a distinguished scholar of islamic law. if the office of the grand kadi of the sharia court of appeal is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding the office has resumed those functions, the president shall appoint the most senior kadi of the sharia court of appeal to perform those functions. except on the recommendation of the national judicial council, an appointment pursuant to the provisions of subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment and the president shall not re-appoint a person whose appointment has lapsed. 262 the sharia court of appeal shall, in addition to such other jurisdiction as may be conferred upon it by an act of the national assembly, exercise such appellate and supervisory jurisdiction in civil proceedings involving questions of islamic personal law. for the purpose of subsection (1) of this section, the sharia court of appeal shall be competent to decideany question of islamic personal law regarding a marriage concluded in accordance with that law, including a question relating to the validity or dissolution of such a marriage or a question that depends on such a marriage and relating to family relationship or the guardianship of an infant; where all the parties to the proceeding are muslims, any question of islamic personal law regarding a marriage, including the validity or dissolution of that marriage, or regarding family relationship, a foundling or the guardianship of an infant; any question of islamic personal law regarding a wakf, gift, will or succession where the endower, donor, testator or deceased person is a muslim; any question of islamic personal law regarding an infant, prodigal or person of unsound mind who is a muslim or the maintenance or the guardianship of a muslim who is physically or mentally infirm; or where all the parties to the proceedings, being muslims, have requested the court that hears the case in the first instance to determine that case in accordance with islamic personal law, any other question. for the purpose of exercising any jurisdiction conferred upon it by this constitution or any act of the national assembly, the sharia court of appeal shall be duly constituted if it consists of at least three kadis of that court. subject to the provisions of any act of the national assembly, the grand kadi of the sharia court of appeal of the federal capital territory, abuja may make rules for regulating the practice and procedure of the sharia court of appeal of the federal capital territory, abuja. f. the customary court of appeal of the federal capital territory, abuja 265 there shall be a customary court of appeal of the federal capital territory, abuja. the customary court of appeal of the federal capital territory, abuja shall consist ofa president of the customary court of appeal; and such number of judges of the customary court of appeal as may be prescribed by an act of the national assembly. 266 the appointment of a person to the office of the president of the customary court of appeal of the federal capital territory, abuja shall be made by the president on the recommendation of the national judicial council, subject to the confirmation of such appointment by the senate. the appointment of a person to the office of a judge of the customary court of appeal shall be made by the president on the recommendation of the national judicial council. apart from such other qualification as may be prescribed by an act of the national assembly, a person shall not be qualified to hold the office of president or a judge of the customary court of appeal of the federal capital territory, abuja, unlesshe is a legal practitioner in nigeria and has been so qualified for a period of not less than ten years and, in the opinion of the national judicial council he has considerable knowledge and experience in the practice of customary law; or in the opinion of the national judicial council he has considerable knowledge of and experience in the practice of customary law. if the office of the president of the customary court of appeal is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then, until a person has been appointed to and assumed the functions of that office, or until the person holding the office has resumed those functions, the president shall appoint the next most senior judge of the customary court of appeal to perform those functions. except on the recommendation of the national judicial council, an appointment pursuant to the provisions of subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment and the president shall not re-appoint a person whose appointment has lapsed. the customary court of appeal of the federal capital territory, abuja shall, in addition to such other jurisdiction as may be conferred upon by an act of the national assembly exercise such appellate and supervisory jurisdiction in civil proceedings involving questions of customary law. for the purpose of exercising any jurisdiction conferred upon it by this constitution or any act of the national assembly, the customary court of appeal shall be duly constituted if it consists of at least three judges of that court. subject to the provisions of any act of the national assembly, the president of the customary court of appeal of the federal capital territory, abuja, may make rules for regulating the practice and procedure of the customary court of appeal of the federal capital territory, abuja. part ii. state courts a. high court of a state 270 there shall be a high court for each state of the federation. the high court of a state shall consist ofa chief judge of the state; and such number of judges of the high court as may be prescribed by a law of the house of assembly of the state. 271 the appointment of a person to the office of chief judge of a state shall be made by the governor of the state on the recommendation of the national judicial council subject to confirmation of the appointment by the house of assembly of the state. the appointment of a person to the office of a judge of a high court of a state shall be made by the governor of the state acting on the recommendation of the national judicial council. a person shall not be qualified to hold office of a judge of a high court of a state unless he is qualified to practice as a legal practitioner in nigeria and has been so qualified for a period of not less than ten years. if the office of chief judge of a state is vacant or if the person holding the office is for any person unable to perform the functions of the office, then until a person has been appointed to and has assumed the functions of that office, or until the person holding the office has resumed those functions, the governor of the state shall appoint the most senior judge of the high court to perform those functions. except on the recommendation of the national judicial council an appointment pursuant to subsection (4) of this section shall cease to have effect after expiration of three months from the date of such appointment and the governor shall not re-appoint a person whose appointment has lapsed. 272 subject to the provisions of section 251 and other provisions of this constitution, the high court of a state shall have jurisdiction to hear and determine any civil proceedings in which the existence or extent of a legal right, power, duty, liability, privilege, interest, obligation or claim is in issue or to hear and determine any criminal proceedings involving or relating to any penalty, forfeiture, punishment or other liability in respect of an offence committed by any person. the reference to civil or criminal proceedings in this section includes a reference to the proceedings which originate in the high court of a state and those which are brought before the high court to be dealt with by the court in the exercise of its appellate or supervisory jurisdiction. subject to the provisions of section 251 and other provisions of this constitution, the federal high court shall have jurisdiction to hear and determine the question as to whether the term of office of a member of the house of assembly of a state, a governor or deputy governor has ceased or become vacant. for the purpose of exercising any jurisdiction conferred upon it under this constitution or any law, a high court of a state shall be duly constituted if it consists of at least one judge of that court. subject to the provisions of any law made by the house of assembly of a state, the chief judge of a state may make rules for regulating the practice and procedure of the high court of the state. b. sharia court of appeal of a state 275 there shall be for any state that requires it a sharia court of appeal for that state. the sharia court of appeal of the state shall consist ofa grand kadi of the sharia court of appeal; and such member of kadi of the sharia court of appeal as may be prescribed by the house of assembly of the state. 276 the appointment of a person to the office of the grand kadi of the sharia court of appeal of a state shall be made by the governor of the state on the recommendation of the national judicial council, subject to confirmation of such appointment by the house of assembly of the state. the appointment of a person to the office of a kadi of the sharia court of appeal of a state shall be made by the governor of the state on the recommendation of the national judicial council. a person shall not be qualified to hold office as a kadi of the sharia court of appeal of a state unlesshe is a legal practitioner in nigeria and has been so qualified for a period of not less than ten years and has obtained a recognised qualification in islamic law from an institution acceptable to the national judicial council; or he has attended and has obtained a recognised qualification in islamic law from an institution approved by the national judicial council and has held the qualification for a period of not less than ten years; and he either has considerable experience in the practice of islamic law, or he is a distinguished scholar of islamic law. if the office of the grand kadi of the sharia court of appeal of a state is vacant or if a person holding the office is for any reason unable to perform the function of the office, then until a person has been appointed to and has assumed the functions of that office, or until the person holding the office has resumed those functions, the governor of the state shall appoint the most senior kadi of the sharia court of appeal of the state to perform those functions. except on the recommendation of the national judicial council, an appointment pursuant to subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment, and the governor shall not re-appoint a person whose appointment has lapsed. 277 the sharia court of appeal of a state shall, in addition to such other jurisdiction as may be conferred upon it by the law of the state, exercise such appellate and supervisory jurisdiction in civil proceedings involving questions of islamic personal law which the court is competent to decide in accordance with the provisions of subsection (2) of this section. for the purposes of subsection (1) of this section, the sharia court of appeal shall be competent to decideany question of islamic personal law regarding a marriage concluded in accordance with that law, including a question relating to the validity or dissolution of such a marriage or a question that depends on such a marriage and relating to family relationship or the guardianship of an infant; where all the parties to the proceedings are muslims, any question of islamic personal law regarding a marriage, including the validity or dissolution of that marriage, or regarding family relationship, a founding or the guarding of an infant; any question of islamic personal law regarding a wakf, gift, will or succession where the endower, donor, testator or deceased person is a muslim; any question of islamic personal law regarding an infant, prodigal or person of unsound mind who is a muslim or the maintenance or the guardianship of a muslim who is physically or mentally infirm; or where all the parties to the proceedings, being muslims, have requested the court that hears the case in the first instance to determine that case in accordance with islamic personal law, any other question. for the purpose of exercising any jurisdiction conferred upon it this constitution or any law, a sharia court of appeal of a state shall be duly constituted if it consists of at least three kadis of that court. subject to provisions of any made by the house of assembly of the state, the grand kadi of the sharia court of appeal of the state may make rules regulating the practice and procedure of the sharia court of appeal. c. customary court of appeal of a state 280 there shall be for any state that requires it a customary court of appeal for that state. the customary court of appeal of a state shall consist ofa president of the customary court of appeal of the state; and such number of judges of the customary court of appeal as may be prescribed by the house of assembly of the state. 281 the appointment of a person to the office of president of a customary court of appeal shall be made by the governor of the state on the recommendation of the national judicial council, subject to confirmation of such appointment by the house of assembly of the state. the appointment of a person to the office of a judge of a customary court of appeal shall be made by the governor of the state on the recommendation of the national judicial council. apart from such other qualification as may be prescribed by a law of the house of assembly of the state, a person shall not be qualified to hold office of a president or of a judge of a customary court of appeal of a state unlesshe is a legal practitioner in nigeria and he has been so qualified for a period of not less than ten years and in the opinion of the national judicial council he has considerable knowledge and experience in the practice of customary law; or in the opinion of the national judicial council he has considerable knowledge of and experience in the practice of customary law. if the office of president of the customary court of appeal of a state is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to and has assumed the functions of that office, or until the person holding the office has resumed the functions of that office, or until the person holding the office has resumed those functions, the governor of the state shall appoint the most senior judge of the customary court of appeal of the state to perform those functions. except on the recommendation of the national judicial council, an appointment pursuant to subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment, and the governor shall not re-appoint a person whose appointment has lapsed. 282 a customary court of appeal of a state shall exercise appellate and supervisory jurisdiction in civil proceedings involve questions of customary law. for the purpose of this section, a customary court of appeal of a state shall exercise such jurisdiction and decide such questions as may be prescribed by the house of assembly of the state for which it is established. for the purpose of exercising any jurisdiction conferred upon it by this constitution or any law, a customary court of appeal of the state may make rules for regulating the practice and procedure of the customary court of appeal of the state. subject to the provisions of any law by the house of assembly of the state, the president of the customary court of appeal of the state may make rules for regulating the practice and procedure of the customary court of appeal of the state. part iii. election tribunals 285 there shall be established for the each state of the federation and the federal capital territory, one or more election tribunals to be known as the national and state houses of assembly election tribunals which shall, to the exclusion of any court or tribunal, have original jurisdiction to hear and determine petitions as to whetherâ�� any person has been validly elected as a member of the national assembly; or any person has been validly elected as a member of the house of assembly of a state. there shall be established in each state of the federation an election tribunal to be known as the governorship election tribunal which shall, to the exclusion of any court or tribunal, have original jurisdiction to hear and determine petitions as to whether any person has been validly elected to the office of governor or deputy governor of a state. the composition of the national and state houses of assembly election tribunal and the governorship election tribunal, respectively, shall be as set out in the sixth schedule to this constitution. the quorum of an election tribunal established under this section shall be the chairman and one other member. an election petition shall be filed within 21 days after the date of the declaration of result of the elections; an election tribunal shall deliver its judgment in writing within 180 days from the date of the filing of the petition; an appeal from a decision of an election tribunal or court of appeal in an election matter shall be heard and disposed of within 60 days from the date of the delivery of judgment of the tribunal or court of appeal. the court, in all final appeals from an election tribunal or court may adopt the practice of first giving its decision and reserving the reasons therefore to a later date. part iv. supplemental 286 subject to the provisions of this constitutionwhere by the law of a state jurisdiction is conferred upon any court for the hearing and determination of civil causes and of appeals arising out of such causes, the court shall have like jurisdiction with respect to the hearing and determination of federal causes and of appeals arising out of such causes; where by the law of a state jurisdiction is conferred upon any court for the investigation, inquiry into, or trial of persons accused of offences against the laws of the state and with respect to the hearing and determination of appeals arising out of any such trial or out of any proceedings connected therewith, the court shall have like jurisdiction with respect to the investigation, inquiry into, or trial of persons for federal offences and the hearing and determination of appeals arising out of the trial or proceedings; and the jurisdiction conferred on a court of a state pursuant to the provisions of this section shall be exercised in conformity with the practice and procedure for the time being prescribed in relation to its jurisdiction over civil or criminal causes other than federal causes. nothing in the provisions of this section shall be construed, except in so far as other provisions have been made by the operation of sections 299 and 301 of this constitution, as conferring jurisdiction as respects federal causes or federal offences upon a court presided over by a person who is not or has not been qualified to practice as a legal practitioner in nigeria. in this section, unless the context otherwise requiresâ��causesâ�� includes matter; â��federal causeâ�� means civil or criminal cause relating to provisions of the national assembly has power to make laws; and â��federal offenceâ�� means an offence contrary to the provisions of act of the national assembly or any law having effect as if so enacted. 287 the decisions of the supreme court shall be enforced in any part of the federation by all authorities and persons, and by courts with subordinate jurisdiction to that of the supreme court. the decisions of the court of appeal shall be enforced in any part of the federation by all authorities and persons, and by courts with subordinate jurisdiction to that of the court of appeal. the decisions of the federal high court, the national industrial court, a high court and of all other courts established by this constitution shall be enforced in any part of the federation by all authorities and persons, and by other courts of law with subordinate jurisdiction to that of the federal high court, the national industrial court, a high court and those other courts, respectively. 288 in exercising his powers under the foregoing provisions of this chapter in respect of appointments to the offices of justices of the supreme court and justices of the court of appeal, the president shall have regard to the need to ensure that there are among the holders of such offices persons learned in islamic personal law and persons learned in customary law. for the purposes of subsection (1) of this sectiona person shall be deemed to be learned in islamic personal law if he is a legal practitioner in nigeria and has been so qualified for a period of not less than fifteen years in the case of a justice of the supreme court or not less than twelve years in the case of a justice of the court of appeal and has in either case obtained a recognized qualification in islamic law from an institution acceptable to the national judicial council; and a person shall be deemed to be learned in customary law if he is a legal practitioner in nigeria and has been so qualified for a period of not less than fifteen years in the case of a justice of the supreme court or not less than twelve years in the case of a justice of the court of appeal and has in either case and in the opinion of the national judicial council considerable knowledge of and experience in the practice of customary law. no legal practitioner shall be qualified for appointment as a justice of the supreme court, the court of appeal or a judge of a federal high court or judge of the national industrial court or a judge of a high court or a kadi of a sharia court of appeal or a judge of the customary court of appeal whilst he is a member of the national judicial council or committee of the federal capital territory, abuja or a state judicial service commission, and he shall remain so disqualified until a period of three years has elapsed since he ceased to be member. 290 a person appointed to any judicial office shall not begin to perform the functions of that office until he has declared his assets and liabilities as prescribed under this constitution and has subsequently taken and subscribed the oath of allegiance and the judicial oath prescribed in the seventh schedule to this constitution. the oaths aforesaid shall be administered by the person for the time being authorized by law to administer such oaths. 291 a judicial officer appointed to the supreme court or the court of appeal may retire when he attains the age of sixty-five years and he shall cease to hold office when he attains the age of seventy years. a judicial officer appointed to any other court, other than those specified in subsection (1) of this section may retire when he attains the age of sixty years and he shall cease to hold office when he attains the age of sixty-five years. any person who has held office as a judicial officerfor a period of not less than fifteen years shall, if he retires at or after the age of sixty-five years in the case of the chief justice of nigeria, a justice of the supreme court, the president of the court of appeal or a justice of the court of appeal or at or after the age of sixty years in any other case, be entitled to pension for life at a rate equivalent to his last annual salary and all his allowances in addition to any other retirement benefits to which he may be entitled; for a period of less than fifteen years shall, if he retires at or after the age of sixty-five years or sixty years, as the case may be, be entitled to pension for life at a rate as in paragraph (a) of this subsection pro rata the number of years he served as a judicial officer in relation to the period of fifteen years, and all his allowances in addition to other retirement benefits to which he may be entitled under his terms and conditions of service; and in any case, shall be entitled to such pension and other retirement benefits as may be regulated by an act of the national assembly or by a law of a house of assembly of a state. nothing in this section or elsewhere in this constitution shall preclude the application of the provisions of any other law that provides for pensions, gratuities and other retirement benefits for persons in the public service of the federation or a state. 292 a judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstancesin the case ofchief justice of nigeria, president of the court of appeal, chief judge of the federal high court, president of the national industrial court, chief judge of the high court of the federal capital territory, abuja, grand kadi of the sharia court of appeal of the federal capital territory, abuja and president, customary court of appeal of the federal capital territory, abuja, by the president acting on an address supported by two-thirds majority of the senate, chief judge of a state, grand kadi of a sharia court of appeal or president of a customary court of appeal of a state, by the governor acting on an address supported by two-thirds majority of the house of assembly of the state, praying that he be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the code of conduct; in any case, other than those to which paragraph (a) of this subsection applies, by the president or, as the case may be, the governor acting on the recommendation of the national judicial council that the judicial officer be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the code of conduct. any person who has held office as a judicial officer shall not on ceasing to be a judicial officer for any reason whatsoever thereafter appear or act as a legal practitioner before any court of law or tribunal in nigeria. except for the purposes of exercising any jurisdiction conferred by this constitution or by any other law, every court established under this constitution shall be deemed to be duly constituted notwithstanding any vacancy in the membership of the court. 294 every court established under this constitution shall deliver its decision in writing not later than ninety days after the conclusion of evidence and final addresses and furnish all parties to the cause or matter determined with duly authenticated copies of the decision within seven days of the delivery thereof. each justice of the supreme court or of the court of appeal shall express and deliver his opinion in writing, or may state in writing that he adopts the opinion of any other justice who delivers a written opinion: provided that it shall not be necessary for the justices who heard a cause or matter to be present when judgment is to be delivered and the opinion of a justice may be pronounced or read by any other justice whether or not he was present at the hearing. a decision of a court consisting of more than one judge shall be determined by the opinion of the majority of its members. for the purpose of delivering its decision under this section, the supreme court, or the court of appeal or the national industrial court shall be deemed to be duly constituted if at least one member of that court sits for that purpose. the decision of a court shall not be set aside or treated as a nullity solely on the ground of non-compliance with the provisions of subsection (1) of this section unless the court exercising jurisdiction by way of appeal or review of that decision is satisfied that the party complaining has suffered a miscarriage of justice by reason thereof. as soon as possible after hearing and deciding any case in which it has been determined or observed that there was non-compliance with the provisions of subsection (1) of this section, the person presiding at the sitting of the court shall send a report on the case to the chairman of the national judicial council who shall keep the council informed of such action as the council may deem fit. 295 where any question as to the interpretation or application of this constitution arises in any proceedings in any court of law in any part of nigeria (other than in the supreme court, the court of appeal, the federal high court or the national industrial court or a high court) and the court is of the opinion that the question involves a substantial question of law, the court may, and shall if any of the parties to the proceedings so requests, refer the question to the federal high court or the national industrial court or a high court having jurisdiction in that part of nigeria and the federal high court or the national industrial court or the high court shallif it is of opinion that the question involves a substantial question of law, refer the question to the court of appeal; or if it is of opinion that the question does not involve a substantial question of law, remit the question to the court that made the reference to be disposed of in accordance with such directions as the federal high court or the national industrial court or the high court may think fit to give. where any question as to the interpretation or application of this constitution arises in any proceedings in the federal high court or the national industrial court or a high court, and the court is of opinion that the question involves a substantial question of law, the court may, and shall if any party to the proceedings so requests, refer the question to the court of appeal; and where any question is referred in pursuance of this subsection, the court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision. where any question as to the interpretation or application of this constitution arises in any proceedings in the court of appeal and the court is of opinion that the question involves a substantial question of law, the court may, and shall if any party to the proceedings so requests, refer the question to the supreme court which shall give its decision upon the question and give such directions to the court of appeal as it deems appropriate. in this chapter, unless the context otherwise requires, â��officeâ�� when used with reference to the validity of an election to an office includes the office of president of the federation, vice-president of the federation and governor or deputy governor of a state but does not include the office of president of the senate, speaker of the house of representatives, speaker of a house of assembly or any office established by this constitution. chapter viii. federal capital territory, abuja and general supplementary provisions part i. federal capital territory, abuja 297 there shall be a federal capital territory, abuja the boundaries of which are as defined in part ii of the first schedule to this constitution. the ownership of all lands comprised in the federal capital territory, abuja shall vest in the government of the federal republic of nigeria. the federal capital territory, abuja shall be the capital of the federation and seat of the government of the federation. the provisions of this constitution shall apply to the federal capital territory, abuja as if it were one of the states of the federation; and accordinglyall the legislative powers, the executive powers and the judicial powers vested in the house of assembly, the governor of a state and in the courts of a state shall, respectively, vest in the national assembly, the president of the federation and in the courts which by virtue of the foregoing provisions are courts established for the federal capital territory, abuja; all the powers referred to in paragraph (a) of this section shall be exercised in accordance with the provisions of this constitution; and the provisions of this constitution pertaining to the matters aforesaid shall be read with such modifications and adaptations as may be reasonably necessary to bring them into conformity with the provisions of this section. for the purposes of chapter v of this constitution, the federal capital territory, abuja shall constitute one senatorial district and as many federal constituencies as it is entitled to under section 49 of this constitution. without prejudice to the generality of the provisions of section 299 of this constitution, in its application to the federal capital territory, abuja, this constitution shall be construed as ifreferences to the governor, deputy governor and the executive council of a state (howsoever called) were references to the president, vice-president and the executive council of the federation (howsoever called) respectively; references to the chief judge and judges of the high court of a state were references to the chief judge and judges of the high court, which is established for the federal capital territory, abuja by the provisions of this constitution; and references to persons, offices and authorities of a state were references to the persons, offices and authorities of the federation with like status, designations and powers, respectively; and in particular, as if references to the attorney-general, commissioners and the auditor-general for a state were references to the attorney-general, ministers and the auditor-general of the federation with like status, designations and powers. the president may, in exercise of the powers conferred upon him by section 147 of this constitution, appoint for the federal capital territory, abuja a minister who shall exercise such powers and perform such functions as may be delegated to him by the president, from time to time. the federal capital territory, abuja shall comprise six area councils and the administrative and political structure thereof shall be as provided by an act of the national assembly. 304 there shall be for the federal capital territory, abuja, a judicial service committee of the federal capital territory, abuja, the composition and functions of which shall be as provided in part iii of the third schedule to this constitution. the provisions of sections 154(1) and (3), 155, 156, 157(1) and (2), 158(1) and 159 to 161 of this constitution shall apply with necessary modifications to the judicial service committee of the federal capital territory, abuja. part ii. miscellaneous provisions 305 subject to the provisions of this constitution, the president may by instrument published in the official gazette of the government of the federation issue a proclamation of a state of emergency in the federation or any part thereof. the president shall immediately after the publication, transmit copies of the official gazette of the government of the federation containing the proclamation including the details of the emergency to the president of the senate and the speaker of the house of representatives, each of whom shall forthwith convene or arrange for a meeting of the house of which he is president or speaker, as the case may be, to consider the situation and decide whether or not to pass a resolution approving the proclamation. the president shall have power to issue a proclamation of a state of emergency only whenthe federation is at war; the federation is in imminent danger of invasion or involvement in a state of war; there is actual breakdown of public order and public safety in the federation or any part thereof to such extent as to require extraordinary measures to restore peace and security; there is a clear and present danger of an actual breakdown of public order and public safety in the federation or any part thereof requiring extraordinary measures to avert such danger; there is an occurrence or imminent danger, or the occurrence of any disaster or natural calamity, affecting the community or a section of the community in the federation; there is any other public danger which clearly constitutes a threat to the existence of the federation; or the president receives a request to do so in accordance with the provisions of subsection (4) of this section. the governor of a state may, with the sanction of a resolution supported by two-thirds majority of the house of assembly, request the president to issue a proclamation of a state of emergency in the state when there is in existence within the state any of the situations specified in subsection (3) (c), (d) and (e) of this section and such situation does not extend beyond the boundaries of the state. the president shall not issue a proclamation of a state of emergency in any case to which the provisions of subsection (4) of this section apply unless the governor of the state fails within a reasonable time to make a request to the president to issue such proclamation. a proclamation issued by the president under this section shall cease to have effectif it is revoked by the president by instrument published in the official gazette of the government of the federation; if it affects the federation or any part thereof and within two days when the national assembly is in session, or within ten days when the national assembly is not in session, after its publication, there is no resolution supported by two-thirds majority of all the members of each house of the national assembly approving the proclamation; after a period of six months has elapsed since it has been in force: provided that the national assembly may, before the expiration of the period of six months aforesaid, extend the period for the proclamation of the state of emergency to remain in force from time to time for a further period of six months by resolution passed in like manner; or at any time after the approval referred to in paragraph (b) or the extension referred to in paragraph (c) of this subsection, when each house of the national assembly revokes the proclamation by a simple majority of all the members of each house. 306 save as otherwise provided in this section, any person who is appointed, elected or otherwise selected to any office established by this constitution may resign from that office by writing under his hand addressed to the authority or person by whom he was appointed, elected or selected. the resignation of any person from any office established by this constitution shall take effect when the writing signifying the resignation is received by the authority or person to whom it is addressed or by any person authorised by that authority or person to receive it. the notice of resignation of the president and of the vice-president shall respectively be addressed to the president of the senate and to the president. on the resignation of the president, the president of the senate shall forthwith give notice of the resignation to the speaker of the house of representatives. the notice of resignation of the governor and of the deputy governor of a state shall respectively be addressed to the speaker of the house of assembly and the governor of the state. the notice of resignation of the president of the senate and of the speaker of the house of representatives shall in each case be addressed to the clerk of the national assembly, and the notice of resignation of the speaker of a house of assembly shall be addressed to the clerk of the house of assembly of the state. the notice of resignation of a member of a legislative house shall be addressed to the president of the senate or, as the case may require, to the speaker of the legislative house in question. notwithstanding any provisions contained in chapter iv and subject to sections 131 and 177 of this constitution, no citizen of nigeria by registration or under a grant of certificate of naturalisation shall within ten years of such registration or grant, hold any elective or appointive office under this constitution. 308 notwithstanding anything to the contrary in this constitution, but subject to subsection (2) of this sectionno civil or criminal proceedings shall be instituted or continued against a person to whom this section applies during his period of office; a person to whom this section applies shall not be arrested or imprisoned during that period either in pursuance of the process of any court or otherwise; and no process of any court requiring or compelling the appearance of a person to whom this section applies, shall be applied for or issued: provided that in ascertaining whether any period of limitation has expired for the purposes of any proceedings against a person to whom this section applies, no account shall be taken of his period of office. the provisions of subsection (1) of this section shall not apply to civil proceedings against a person to whom this section applies in his official capacity or to civil or criminal proceedings in which such a person is only a nominal party. this section applies to a person holding the office of president or vice-president, governor or deputy governor; and the reference in this section to â��period of officeâ�� is a reference to the period during which the person holding such office is required to perform the functions of the office. part iii. transitional provisions and savings notwithstanding the provisions of chapter iii of this constitution but subject to section 28 thereof, any person who became a citizen of nigeria by birth, registration or naturalisation under the provisions of any other constitution shall continue to be a citizen of nigeria under this constitution. 310 until the national assembly or a house of assembly has exercised its powers to initiate legislation in accordance with the provisions of section 51 or 93 of this constitution, the clerk or other staff of a legislative house shall be appointed, as respects each house of the national assembly by the federal civil service commission, and as respects a house of assembly by the state civil service commission. in exercising its powers under the provisions of this section, the federal civil service commission shall consult, as appropriate, the president of the senate or the speaker of the house of the representatives, and a state civil service commission shall consult the speaker of the house of assembly of the state. 311 the provisions of this section shall have effect until the national assembly or a house of assembly exercises the powers conferred upon it by section 60 or 101 of this constitution as appropriate. the standing orders of the senate established under the former constitution shall apply in relation to the proceedings in the senate established under this constitution. the standing orders of the house of representatives established under the former constitution shall apply in relation to the proceedings in the house of representatives established under this constitution. the standing orders of a house of assembly established under the former constitution shall apply in relation to a house of assembly of a state established under this constitution. the standing orders of the former legislative houses referred to in subsections (2), (3) and (4) of this section, shall apply in relation to a legislative house with such modifications as may be necessary to bring them into conformity with the provisions of this constitution. in this section, the â��former constitutionâ�� refers to the constitution of the federal republic of nigeria 1979. 312 the electoral commission established for the federation under any law in force immediately before the date when this section comes into force shall be responsible for performing the functions conferred on the independent national electoral commission established by the provisions of this constitution. any person who before the coming into force of this constitution was elected to any elective office mentioned in this constitution in accordance with the provisions of any law in force immediately before the coming into force of this constitution shall be deemed to have been duly elected to that office under this constitution. pending any act of the national assembly for the provision of a system of revenue allocation between the federation and the states, among the states, between the states and local government councils and among the local government councils in the states, the system of revenue allocation in existence for the financial year beginning from 1st january 1998 and ending on 31st december 1998 shall, subject to the provisions of this constitution and as from the date when this section comes into force, continue to apply: provided that where functions have been transferred under this constitution from the government of the federation to the states and from the states to local government councils the appropriations in respect of such functions shall also be transferred to the states and the local government councils, as the case may require. any debt of the federation or of a state which immediately before the date when this section comes into force was charged on the revenue and assets of the federation or on the revenue and assets of a state shall, as from the date when this section comes into force, continue to be so charged. 315 subject to the provisions of this constitution, an existing law shall have effect with such modifications as may be necessary to bring it into conformity with the provisions of this constitution and shall be deemed to bean act of the national assembly to the extent that it is a law with respect to any matter on which the national assembly is empowered by this constitution to make laws; and a law made by a house of assembly to the extent that it is a law with respect to any matter on which a house of assembly is empowered by this constitution to make laws. the appropriate authority may at any time by order make such modifications in the text of any existing law as the appropriate authority considers necessary or expedient to bring that law into conformity with the provisions of this constitution. nothing in this constitution shall be construed as affecting the power of a court of law or any tribunal established by law to declare invalid any provision of an existing law on the ground of inconsistency with the provision of any other law, that is to sayany other existing law; a law of a house of assembly; an act of the national assembly; or any provision of this constitution. in this section, the following expressions have the meanings assigned to them, respectivelyâ��appropriate authorityâ�� meansthe president, in relation to the provisions of any law of the federation, the governor of a state, in relation to the provisions of any existing law deemed to be a law made by the house of assembly of that state, or any person appointed by any law to revise or rewrite the laws of the federation or of a state; â��existing lawâ�� means any law and includes any rule of law or any enactment or instrument whatsoever which is in force immediately before the date when this section comes into force or which having been passed or made before that date comes into force after that date; and â��modificationâ�� includes addition, alteration, omission or repeal. nothing in this constitution shall invalidate the following enactments, that is to saythe national youth service corps decree 1993; the public complaints commission act; the national security agencies act; the land use act, and the provisions of those enactments shall continue to apply and have full effect in accordance with their tenor and to the like extent as any other provisions forming part of this constitution and shall not be altered or repealed except in accordance with the provisions of section 9(2) of this constitution. without prejudice to subsection (5) of this section, the enactments mentioned in the said subsection shall hereafter continue to have effect as federal enactments and as if they related to matters included in the exclusive legislative list set out in part i of the second schedule to this constitution. 316 any office, court of law or authority which immediately before the date when this section comes into force was established and charged with any function by virtue of any other constitution or law shall be deemed to have been duly established and shall continue to be charged with such function until other provisions are made, as if the office, court of law or authority was established and charged with the function by virtue of this constitution or in accordance with the provisions of a law made thereunder. any person who immediately before the date when this section comes into force holds office by virtue of any other constitution or law in force immediately before the date when this section comes into force shall be deemed to be duly appointed to that office by virtue of this constitution or by any authority by whom appointments to that office fall to be made in pursuance of this constitution. notwithstanding the provisions of subsection (2) of this section, any person holding such office, a member of a court of law or authority, who would have been required to vacate such office, or where his membership of such court of law or authority would have ceased but for the provisions of the said subsection (2) of this section, shall at the expiration of the period prescribed therefor after the date when this section comes into force vacate such office or, as the case may be, his membership of such court of law or authority shall cease, accordingly. the foregoing provisions of this section are without prejudice to the exercise of such powers as may be conferred by virtue of this constitution or a law upon any authority or person to make provisions with respect to such matters as may be prescribed or authorised by this constitution or such law, including the establishment and abolition of offices, courts of law or authorities, and with respect to the appointment of persons to hold offices or to be members of courts of law or authorities and their removal from such offices, courts of law or authorities. notwithstanding the provisions of this section, the national industrial court act, 2006 and any office or authority established and charged with any function under the act, shall be deemed to have been duly established and shall continue to be charged with such function by virtue of this constitution or in accordance with the provision of a law made thereunder. 317 without prejudice to the generality of section 315 of this constitution, any property, right, privilege, liability or obligation which immediately before the date when this section comes into force was vested in, exercisable or enforceable by or againstthe former authority of the federation as representative or trustee for the benefit of the federation; any former authority of a state as representative or trustee for the benefit of the state, shall on the date when this section comes into force and without further assurance than the provisions thereof vest in, or become exercisable of enforceable by or against the president and government of the federation, and the governor and government of the state, as the case may be. for the purposes of this sectionthe president and government of the federation, and the governor and government of a state, shall be deemed, respectively, to be successors to the said former authority of the federation and former authority of the state in question; and references in this section to â��former authority of the federationâ�� and â��former authority of a stateâ�� include references to the former government of the federation and the former government of a state, a local government authority or any person who exercised any authority on its behalf. part iv. interpretation, citation and commencement 318 in this constitution, unless it is otherwise expressly provided or the context otherwise requiresâ��actâ�� or â��act of the national assemblyâ�� means any law made by the national assembly and includes any law which takes effect under the provisions of this constitution as an act of the national assembly; â��appointmentâ�� or its cognate expression includes appointment on promotion and transfer or confirmation of appointment; â��area councilâ�� means each of the administrative areas within the federal capital territory, abuja; â��authorityâ�� includes government; â��belong toâ�� or its grammatical expression when used with reference to a person in a state refers to a person either or whose parents or any of whose grandparents was a member of a community indigenous to that state; â��civil service of the federationâ�� means service of the federation in a civil capacity as staff of the office of the president, the vice-president, a ministry or department of the government of the federation assigned with the responsibility for any business of the government of the federation; â��civil service of the stateâ�� means service of the government of a state in a civil capacity as staff of the office of the governor, deputy governor or a ministry or department of the government of the state assigned with the responsibility for any business of the government of the state; â��code of conductâ�� refers to the code of conduct contained in the fifth schedule to this constitution; â��commissionerâ�� means a commissioner of the government of a state; â��concurrent legislative listâ�� means the list of matters set out in the first column in part ii of the second schedule to this constitution with respect to which the national assembly and a house of assembly may make laws to the extent prescribed, respectively, opposite thereto in the second column thereof; â��decisionâ�� means, in relation to a court, any determination of that court and includes judgement decree, order, conviction, sentence or recommendation; â��enactmentâ�� means provision of any law or a subsidiary instrument; â��exclusive legislative listâ�� means the list in part i of the second schedule to this constitution; â��existing lawâ�� has the meaning assigned to it in section 315 of this constitution; â��federal character of nigeriaâ�� refers to the distinctive desire of the peoples of nigeria to promote national unity, foster national loyalty and give every citizen of nigeria a sense of belonging to the nation as expressed in section 14(3) and (4) of this constitution; â��federationâ�� means the federal republic of nigeria; â��financial yearâ�� means any period of twelve months beginning on the first day of january in any year or such other date as the national assembly may prescribe; â��functionâ�� includes power and duty; â��governmentâ�� includes the government of the federation, or of any state, or of a local government council or any person who exercises power of authority on its behalf; â��governorâ�� or â��deputy governorâ�� means the governor of a state or a deputy governor of a state; â��house of assemblyâ�� means the house of assembly of a state; â��judicial officeâ�� means the office of chief justice of nigeria or a justice of the supreme court, the president or justice of the court of appeal, the office of the chief judge or a judge of the federal high court, the office of the president or judge of the national industrial court, the office of the chief judge or judge of the high court of the federal capital territory, abuja, the office of the chief judge of a state and judge of the high court of a state, a grand kadi or kadi of the sharia court of appeal of the federal capital territory, abuja, a president or judge of the customary court of appeal; of the federal capital territory, abuja, a grand kadi or kadi of the sharia court of appeal of a state; and a reference to a â��judicial officerâ�� is a reference to the holder of any such office; â��lawâ�� means a law enacted by the house of assembly of a state; â��legislative houseâ�� means the senate, house of representatives or a house of assembly; â��local government areaâ�� or â��local government councilâ�� includes an area council; â��memberâ�� when used with reference to any commission or other bodies established by this constitution, includes the chairman of that commission or body; â��ministerâ�� means a minister of the government of the federation; â��national assemblyâ�� means the senate and the house of representatives established by this constitution; â��oathâ�� includes affirmation; â��oath of allegianceâ�� means the oath of allegiance prescribed in the seventh schedule to this constitution; â��officeâ�� when used with reference to the validity of an election, means any office the appointment to which is by election under this constitution; â��population quotaâ��â�� when used with reference to a senatorial district, means the number obtained by dividing the number of the inhabitants of a state by the number of districts into which that state is divided under section 71 (a) of this constitution; when used with reference to a federal constituency, means the number obtained by dividing the number of the inhabitants of nigeria by the number of federal constituencies into which nigeria is divided under section 71 (b) of this constitution; and when used with reference to a state constituency, means the number obtained by dividing the number of the inhabitants of a state by the number of state constituencies into which that state is divided under section 112 of this constitution; â��powerâ�� includes function and duty; â��prescribedâ�� means prescribed by or under this constitution or any other law; â��presidentâ�� or â��vice-presidentâ�� means the president or vice-president of the federal republic of nigeria; â��public service of the federationâ�� means the service of the federation in any capacity in respect of the government of the federation, and includes service asâ�� clerk or other staff of the national assembly or of each house of the national assembly; member of staff of the supreme court, the court of appeal, the federal high court, the national industrial court, the high court of the federal capital territory, abuja, the sharia court of appeal of the federal capital territory, abuja, the customary court of appeal of the federal capital territory, abuja or other courts established for the federation by this constitution and by an act of the national assembly; member or staff of any commission or authority established for the federation by this constitution or by an act of the national assembly; staff of any area council; staff of any statutory corporation established by an act of the national assembly; staff of any educational institution established or financed principally by the government of the federation; staff of any company or enterprise in which the government of the federation or its agency owns controlling shares or interest; and members or officers of the armed forces of the federation or the nigeria police force or other government security agencies established by law; â��public service of a stateâ�� means the service of the state in any capacity in respect of the government of the state and includes service as: clerk or other staff of the house of assembly; member of staff of the high court, the sharia court of appeal, the customary court of appeal; or other courts established for a state by this constitution or by a law of a house of assembly; member or staff of any commission or authority established for the state by this constitution or by a law of a house of assembly; staff of any local government council; staff of any statutory corporation established by a law of a house of assembly; staff of any educational institution established or financed principally by a government of a state; and staff of any company or enterprise in which the government of a state or its agency holds controlling shares or interest; â��school certificate or its equivalentâ�� meansa secondary school certificate or its equivalent, or grade ii teacherâ��s certificate, the city and guilds certificate; or education up to secondary school certificate level; or primary six school leaving certificate or its equivalent andservice in the public or private sector in the federation in any capacity acceptable to the independent national electoral commission for a minimum of ten years, and attendance at courses and training in such institutions as may be acceptable to the independent national electoral commission for periods totaling up to a minimum of one year, and the ability to read, write, understand and communicate in the english language to the satisfaction of the independent national electoral commission, and any other qualification acceptable by the independent national electoral commission; â��secret societyâ�� includes any society, association, group or body of persons (whether registered or not)that uses secret signs, oaths, rites or symbols and which is formed to promote a cause, the purpose or part of the purpose of which is to foster the interest of its members and to aid one another under any circumstances without due regard to merit, fair play or justice to the detriment of the legitimate interest of those who are not members; the membership of which is incompatible with the function or dignity of any public office under this constitution and whose members are sworn to observe oaths of secrecy; or the activities of which are not known to the public at large, the names of whose members are kept secret and whose meetings and other activities are held in secret; â��stateâ�� when used otherwise than in relation to one of the component parts of the federation, includes government. wherever it is provided that any authority or person has power to make, recommend or approve an appointment to an office, such power shall be construed as including the power to make, recommend or approve a person for such appointment, whether on promotion or otherwise, or to act in any such office. in this constitution, references to a person holding an office shall include reference to a person acting in such office. the interpretation act shall apply for the purpose of interpreting the provision of this constitution. this constitution may be cited as the constitution of the federal republic of nigeria 1999. the provision of this constitution shall come into force on 29th day of may 1999. schedule i part i. states of the federation state: abia local government areas: aba north, aba south, arochukwu, bende, ikwuano, isiala-ngwa north, isiala-ngwa south, isuikwato, obi nwa, ohafia, osisioma ngwa, ugwunagbo, ukwa east, ukwa west, umuahia north, umuahia south, umu-neochi. capital city:umuahia state: adamawa local government areas: demsa, fufore, ganaye, gireri, gombi, guyuk, hong, jada, lamurde, madagali, maiha, mayo-belwa, michika, mubi north, mubi south, numan, shelleng, song, toungo, yola north, yola south. capital city: yola state: akwa ibom local government areas: abak, eastern obolo, eket, esit eket, essien udim, etim ekpo, etinan, ibeno, ibesikpo asutan, ibiono ibom, ika, ikono, ikot abasi, ikot ekpene, ini, itu, mbo, mkpat enin, nsit atai, nsit ibom, nsit ubium, obot akara, okobo, onna, oron, oruk anam, udung uko, ukanafun, uruan, urue-offong/oruko, uyo. capital city: uyo state: anambra local government areas: aguata, anambra east, anambra west, anaocha, awka north, awka south, ayamelum, dunukofia, ekwusigo, idemili north, idemili south, ihiala, njikoka, nnewi north, nnewi south, ogbaru, onitsha north, onitsha south, orumba north, orumba south, oyi. capital city: awka state: bauchi local government areas: alkaleri, bauchi, bogoro, damban, darazo, dass, ganjuwa, giade, itas/gadau, jamaâ��are, katagum, kirfi, misau, ningi, shira, tafawa-balewa, toro, warji, zaki. capital city: bauchi state: bayelsa local government areas: brass, ekeremor, kolokuma/opokuma, nembe, ogbia, sagbama, southern ijaw, yenagoa. capital city: yenegoa state: benue local government areas: ado, agatu, apa, buruku, gboko, guma, gwer east, gwer west, katsina-ala, konshisha, kwande, logo, makurdi, obi, ogbadibo, oju, okpokwu, ohimini, oturkpo, tarka, ukum, ushongo, vandeikya. capital city: makurdi state: borno local government areas: abadam, askira/uba, bama, bayo, biu, chibok, damboa, dikwa, gubio, guzamala, gwoza, hawul, jere, kaga, kala/balge, konduga, kukawa, kwaya kusar, mafa, magumeri, maiduguri, marte, mobbar, monguno, ngala, nganzai, shani. capital city: maiduguri state: cross river local government areas: abi, akamkpa, akpabuyo, bakassi, bekwara, biase, boki, calabar-municipal, calabar south, etung, ikom, obanliku, obubra, obudu, odukpani, ogoja, yakurr, yala. capital city: calabar state: delta local government areas: aniocha north, aniocha south, bomadi, burutu, ethiope east, ethiope west, ika north east, ika south, isoko north, isoko south, ndokwa east, ndokwa west, okpe, oshimili north, oshimili south, patani, sapele, udu, ughelli north, ughelli south, ukwuani, uvwie, warri north, warri south, warri south west. capital city: asaba state: ebonyi local government areas: abakaliki, afikpo north, afikpo south, ebonyi, ezza north, ezza south, ikwo, ishielu, ivo, izzi, ohaozara, ohaukwu, onicha. capital city: abakaliki state: edo local government areas: akoko-edo, egor, esan central, esan north east, esan south east, esan west, etsako central, etsako east, etsako west, igueben, ikpoba-okha, oredo, orhionmwon, ovia north east, ovia south west, owan east, owan west, uhunmwonde. capital city: benin city state: ekiti local government areas: ado ekiti, aiyekire, efon, ekiti east, ekiti south west, ekiti west, emure, idosi-osi, ijero, ikere, ikole, ilemeji, irepodun/ifelodun, ise/orun, moba, oye. capital city: ado ekiti state: enugu local government areas: aninri, awgu, enugu east, enugu north, enugu south, ezeagu, igbo-etiti, igbo-eze north, igbo-eze south, isi-uzo, nkanu east, nkanu west, nsukka, oji-river, udenu, udi, uzo-uwani. capital city: enugu state: gombe local government areas: akko, balanga, billiri, dukku, funakaye, gombe, kaltungo, kwami, nafada, shomgom, yamaltu/deba. capital city: gombe state: imo local government areas: aboh-mbaise, ahiazu-mbaise, ehime-mbano, ezinihitte, ideato north, ideato south, ihitte/uboma, ikeduru, isiala bano, isu, mbaitoli, ngor-okpala, njaba, nwangele, nkwerre, obowo, oguta, ohaji/egbema, okigwe, orlu, orsu, oru east, oru west, owerri-municipal, owerri north, owerri west, unuimo. capital city: owerri state: jigawa local government areas: auyo, babura, birni kudu, biriniwa, buji, dutse, gagarawa, garki, gumel, guri, gwaram, gwiwa, hadejia, jahun, kafin hausa, kaugama kazaure, kiri kasamma, kiyawa, maigatari, malam madori, miga, ringim, roni, sule-tankarkar, taura, yankwashi. capital city: dutse state: kaduna local government areas: birnin-gwari, chikun, giwa, igabi, ikara, jaba, jemaâ��a, kachia, kaduna north, kaduna south, kagarko, kajuru, kauru, kubau, kudan, lere, markafi, sabon-gari, sanga, soba, zango-kataf, zaria. capital city: kaduna state: kano local government areas: ajingi, albasu, bagwai, bebeji, bichi, bunkure, dala, dambatta, dawakin kudu, dawakin tofa, doguwa, fagge, gabasawa, garko, garum mallam, gaya, gezawa,gwale, gwarzo, kabo, kano municipal, karaye, kibiya, kiru, kumbotso, kunchi, kura, madobi, makoda, minjibir, nasarawa, rano, rimin gado, rogo, shanono, sumaila, takali, tarauni, tofa, tsanyawa, tudun wada, ungogo, warawa, wudil. capital city: kano state: katsina local government areas: bakori, batagarawa, batsari, baure, bindawa, charanchi, dandume, danja, dan musa, daura, dutsi, dutsin-ma, faskari, funtua, ingawa, jibia, kafur, kaita, kankara, kankia, katsina, kurfi, kusada, maiâ��adua, malumfashi, mani, mashi, matazuu, musawa, rimi, sabuwa, safana, sandamu, zango. capital city: katsina state: kebbi local government areas: aleiro, arewa-dandi, argungu, augie, bagudo, birnin kebbi, bunza, dandi, fakai, gwandu, jega, kalgo, koko/besse, maiyama, ngaski, sakaba, shanga, suru, wasagu/danko, yauri, zuru. capital city: birnin kebbi state: kogi local government areas: adavi, ajaokuta, ankpa, bassa, dekina, ibaji, idah, igalamela-odolu, ijumu, kabba/bunu, kogi, lokoja, mopa-muro, ofu, ogori/mangongo, okehi, okene, olamabolo, omala, yagba east, yagba west. capitcal city: lokoja state: kwara local government areas: asa, baruten, edu, ekiti, ifelodun, ilorin east, ilorin west, irepodun, isin, kaiama, moro, offa, oke-ero, oyun, pategi. capital city: ilorin state: lagos local government areas: agege, ajeromi-ifelodun, alimosho, amuwo-odofin, apapa, badagry, epe, eti-osa, ibeju/lekki, ifako-ijaye, ikeja, ikorodu, kosofe, lagos island, lagos mainland, mushin, ojo, oshodi-isolo, shomolu, surulere. capital city: ikeja state: nasarawa local government areas: akwanga, awe, doma, karu, keana, keffi, kokona, lafia, nasarawa, nasarawa-eggon, obi, toto, wamba. capital city: lafia state: niger local government areas: agaie, agwara, bida, borgu, bosso, chanchaga, edati, gbako, gurara, katcha, kontagora, lapai, lavun, magama, mariga, mashegu, mokwa, muya, pailoro, rafi, rijau, shiroro, suleja, tafa, wushishi. capital city: minna state: ogun local government areas: abeokuta north, abeokuta south, ado-odo/ota, egbado north, egbado south, ewekoro, ifo, ijebu east, ijebu north, ijebu north east, ijebu ode, ikenne, imeko-afon, ipokia, obafemi-owode, ogun waterside, odeda, odogbolu, remo north, shagamu. capital city: abeokuta state: ondo local government areas: akoko north east, akoko north west, akoko south akure east, akoko south west, akure north, akure south, ese-odo, idanre, ifedore, ilaje, ile-oluji-okeigbo, irele, odigbo, okitipupa, ondo east, ondo west, ose, owo. capital city: akure state: osun local government areas: aiyedade, aiyedire, atakumosa east, atakumosa west, boluwaduro, boripe, ede north, ede south, egbedore, ejigbo, ife central, ife east, ife north, ife south, ifedayo, ifelodun, ila, ilesha east, ilesha west, irepodun, irewole, isokan, iwo, obokun, odo-otin, ola-oluwa, olorunda, oriade, orolu, osogbo. capital city: oshogbo state: oyo local government areas: afijio, akinyele, atiba, atigbo, egbeda, ibadan central, ibadan north, ibadan north west, ibadan south east, ibadan south west, ibarapa central, ibarapa east, ibarapa north, ido, irepo, iseyin, itesiwaju, iwajowa, kajola, lagelu ogbomosho north, ogbmosho south, ogo oluwa, olorunsogo, oluyole, ona-ara, orelope, ori ire, oyo east, oyo west, saki east, saki west, surulere. capital city: ibadan state: plateau local government areas: barikin ladi, bassa, bokkos, jos east, jos north, jos south, kanam, kanke, langtang north, langtang south, mangu, mikang, pankshin, quaâ��an pan, riyom, shendam, wase. capital city: jos state: rivers local government areas: abua/odual, ahoada east, ahoada west, akuku toru, andoni, asari-toru, bonny, degema, emohua, eleme, etche, gokana, ikwerre, khana, obia/akpor, ogba/egbema/ndoni, ogu/bolo, okrika, omumma, opobo/nkoro, oyigbo, port-harcourt, tai. capital city: port-harcourt state: sokoto local government areas: binji, bodinga, dange-shnsi, gada, goronyo, gudu, gawabawa, illela, isa, kware, kebbe, rabah, sabon birni, shagari, silame, sokoto north, sokoto south, tambuwal, tqngaza, tureta, wamako, wurno, yabo. capital city: sokoto state: taraba local government areas: ardo-kola, bali, donga, gashaka, cassol, ibi, jalingo, karin-lamido, kurmi, lau, sardauna, takum, ussa, wukari, yorro, zing. capital city: jalingo state: yobe local government areas: bade, bursari, damaturu, fika, fune, geidam, gujba, gulani, jakusko, karasuwa, karawa, machina, nangere, nguru potiskum, tarmua, yunusari, yusufari. capital city: damaturu state: zamfara local government areas: anka, bakura, birnin magaji, bukkuyum, bungudu, gummi, gusau, kaura, namoda, maradun, maru, shinkafi, talata mafara, tsafe, zurmi. capital city: gusau part ii 1. definition of federal capital territory, abuja the definition of the boundaries of the federal capital territory, abuja referred to under chapters 1 and viii of this constitution is as follows: starting from the village called izom on 7â°e longitude and 9â° 15 latitude, project a straight line westward to a point just north of lehu on the kemi river, then project a line along 6â° 47â½ â��e southward passing close to the villages called semasu, zui and bassa down to a place a little west of abaji town; thence project a line along parallel 8â° 27â½ â��n latitude to ahinza village 7â° 6â�� (on kanama river); thence a straight line to buga village on 8â° 30 â��n latitude and 7â�� 20â��e longitude; thence draw a line northwards joining the villages of odu, karshi and karu. from karu the line shall proceed along the boundary between the niger and plateau states as far as kawu; thence the line shall proceed along the boundary between kaduna and niger states up to a point just north of bwari village, hence the line goes straight to zuba village and thence straight to izom. 2. federal capital territory, abuja area council/headquarters. abaji/abaji abuja municipal/garki bwari/bwari gwagwalada/gwagwalada kuje/kuje kwali/kwali schedule ii. legislative powers part i. exclusive legislative list item accounts of the government of the federation, and of offices, courts, and authorities thereof, including audit of those accounts. arms, ammunition and explosives. aviation, including airports, safety of aircraft and carriage of passengers and goods by air. awards of national titles of honour, decorations and other dignities. bankruptcy and insolvency. banks, banking, bills of exchange and promissory notes. borrowing of moneys within or outside nigeria for the purposes of the federation or of any state. census, including the establishment and maintenance of machinery for continuous and universal registration of births and deaths throughout nigeria. citizenship, naturalisation and aliens. commercial and industrial monopolies, combines and trusts. construction, alteration and maintenance of such roads as may be declared by the national assembly to be federal trunk roads. control of capital issues. copyright. creation of states. currency, coinage and legal tender. customs and excise duties. defence. deportation of persons who are not citizens of nigeria. designation of securities in which trust funds may be invested. diplomatic, consular and trade representation. drugs and poisons. election to the offices of president and vice-president or governor and deputy governor and any other office to which a person may be elected under this constitution, excluding election to a local government council or any office in such council. evidence. exchange control. export duties. external affairs. extradition. fingerprints identification and criminal records. fishing and fisheries other than fishing and fisheries in rivers, lakes, waterways, ponds and other inland waters within nigeria. immigration into and emigration from nigeria. implementation of treaties relating to matters on this list. incorporation, regulation and winding up of bodies corporate, other than co-operative societies, local government councils and bodies corporate established directly by any law enacted by a house of assembly of a state. insurance. labour, including trade unions, industrial relations; conditions, safety and welfare of labour; industrial disputes; prescribing a national minimum wage for the federation or any part thereof; and industrial arbitration. legal proceedings between governments of states or between the government of the federation and government of any state or any other authority or person. maritime shipping and navigation, includingshipping and navigation on tidal waters; shipping and navigation on the river niger and its affluents and on any such other inland waterway as may be designated by the national assembly to be an international waterway or to be an inter-state waterway; lighthouses, lightships, beacons and other provisions for the safety of shipping and navigation; such ports as may be declared by the national assembly to be federal ports (including the constitution and powers of port authorities for federal ports). meteorology. military (army, navy and air force) including any other branch of the armed forces of the federation. mines and minerals, including oil fields, oil mining, geological surveys and natural gas. national parks being such areas in a state as may, with the consent of the government of that state, be designated by the national assembly as national parks. nuclear energy. passports and visas. patents, trademarks, trade or business names, industrial designs and merchandise marks. pensions, gratuities and other-like benefit payable out of the consolidated revenue fund or any other public funds of the federation. police and other government security services established by law. posts, telegraphs and telephones. powers of the national assembly, and the privileges and immunities of its members. prisons. professional occupations as may be designated by the national assembly. public debt of the federation. public holidays. public relations of the federation. public service of the federation including the settlement of disputes between the federation and officers of such service. quarantine. railways. formation and regulation of political parties. service and execution in a state of the civil and criminal processes, judgements, decrees, orders and other decisions of any court of law outside nigeria or any court of law in nigeria other than a court of law established by the house of assembly of that state. stamp duties. taxation of incomes, profits and capital gains, except as otherwise prescribed by this constitution. the establishment and regulation of authorities for the federation or any part thereofto promote and enforce the observance of the fundamental objectives and directive principles contained in this constitution; to identify, collect, preserve or generally look after ancient and historical monuments and records and archaeological sites and remains declared by the national assembly to be of national significance or national importance; to administer museums and libraries other than museums and libraries established by the government of a state; to regulate tourist traffic; and to prescribe minimum standards of education at all levels. the formation, annulment and dissolution of marriages other than marriages under islamic law and customary law including matrimonial causes relating thereto. trade and commerce, and in particulartrade and commerce between nigeria and other countries including import of commodities into and export of commodities from nigeria, and trade and commerce between the states; establishment of a purchasing authority with power to acquire for export or sale in world markets such agricultural produce as may be designated by the national assembly; inspection of produce to be exported from nigeria and the enforcement of grades and standards of quality in respect of produce so inspected; establishment of a body to prescribe and enforce standards of goods and commodities offered for sale; control of the prices of goods and commodities designated by the national assembly as essential goods or commodities; and registration of business names. traffic on federal trunk roads. water from such sources as may be declared by the national assembly to be sources affecting more than one state. weights and measures. wireless, broadcasting and television other than broadcasting and television provided by the government of a state; allocation of wave-lengths for wireless, broadcasting and television transmission. any other matter with respect to which the national assembly has power to make laws in accordance with the provisions of this constitution. any matter incidental or supplementary to any matter mentioned elsewhere in this list. part ii. concurrent legislative list extent of federal and state legislative powers extent of federal and state legislative powers. subject to the provisions of this constitution, the national assembly may by an act make provisions forthe division of public revenuebetween the federation and the states; among the states of the federation; between the states and local government councils; among the local government councils in the states; and grants or loans from and the imposition of charges upon the consolidated revenue fund or any other public funds of the federation or for the imposition of charges upon the revenue and assets of the federation for any purpose notwithstanding that it relates to a matter with respect to which the national assembly is not empowered to make laws. subject to the provisions of this constitution, any house of assembly may make provisions for grants or loans from and the imposition of charges upon any of the public funds of that state or the imposition of charges upon the revenue and assets of that state for any purpose notwithstanding that it relates to a matter with respect to which the national assembly is empowered to make laws. the national assembly may make laws for the federation or any part thereof with respect to such antiquities and monuments as may, with the consent of the state in which such antiquities and monuments are located, be designated by the national assembly as national antiquities or national monuments but nothing in this paragraph shall preclude a house of assembly from making laws for the state or any part thereof with respect to antiquities and monuments not so designated in accordance with the foregoing provisions. the national assembly may make laws for the federation or any part thereof with respect to the archives and public records of the federation. a house of assembly may, subject to paragraph 4 hereof, make laws for that state or any part thereof with respect to archives and public records of the government of the state. nothing in paragraphs 4 and 5 hereof shall be construed as enabling any laws to be made which do not preserve the archives and records which are in existence at the date of commencement of this constitution, and which are kept by authorities empowered to do so in any part of the federation. in the exercise of its powers to impose any tax or duty oncapital gains, incomes or profits or persons other than companies; and documents or transactions by way of stamp duties, the national assembly may, subject to such conditions as it may prescribe, provide that the collection of any such tax or duty or the administration of the law imposing it shall be carried out by the government of a state or other authority of a state. where an act of the national assembly provides for the collection of tax or duty on capital gains, incomes or profit or the administration of any law by an authority of a state in accordance with paragraph 7 hereof, it shall regulate the liability of persons to such tax or duty in such manner as to ensure that such tax or duty is not levied on the same person by more than one state. a house of assembly may, subject to such conditions as it may prescribe, make provisions for the collection of any tax, fee or rate or for the administration of the law providing for such collection by a local government council. where a law of a house of assembly provides for the collection of tax, fee or rate or for the administration of such law by a local government council in accordance with the provisions hereof it shall regulate the liability of persons to the tax, fee or rate in such manner as to ensure that such tax, fee or rate is not levied on the same person in respect of the same liability by more than one local government council. the national assembly may make laws for the federation with respect to the registration of voters and the procedure regulating elections to a local government council. nothing in paragraph 11 hereof shall preclude a house of assembly from making laws with respect to election to a local government council in addition to but not inconsistent with any law made by the national assembly. the national assembly may make laws for the federation or any part thereof with respect toelectricity and the establishment of electric power stations; the generation and transmission of electricity in or to any part of the federation and from one state to another state; the regulation of the right of any person or authority to dam up or otherwise interfere with the flow of water from sources in any part of the federation; the participation of the federation in any arrangement with another country for the generation, transmission and distribution of electricity for any area partly within and partly outside the federation; the regulation of the right of any person or authority to use, work or operate any plant, apparatus, equipment or work designed for the supply or use of electrical energy. a house of assembly may make laws for the state with respect toelectricity and the establishment in that state of electric power stations; the generation, transmission and distribution of electricity to areas not covered by a national grid system within that state; and the establishment within that state of any authority for the promotion and management of electric power stations established by the state. in the foregoing provisions of this item, unless the context otherwise requires, the following expressions have the meanings respectively assigned to themâ��distributionâ�� means the supply of electricity from a substation to the ultimate consumer; â��managementâ�� includes maintenance, repairs or replacement; â��power stationâ�� means an assembly of plant or equipment for the creation or generation of electrical energy; and â��transmissionâ�� means the supply of electricity from a power station to a sub-station or from one sub-station to another sub-station, and the reference to a â��sub-stationâ�� herein is a reference to an assembly of plant, machinery or equipment for distribution of electricity. the national assembly may make laws for the establishment of an authority with power to carry out censorship of cinematograph films and to prohibit or restrict the exhibition of such films; and nothing herein shallpreclude a house of assembly from making provision for a similar authority for that state; or authorise the exhibition of a cinematograph film in a state without the sanction of the authority established by the law of that state for the censorship of such films. the national assembly may make laws for the federation or any part thereof with respect tothe health, safety and welfare of persons employed to work in factories, offices or other premises or in inter-state transportation and commerce including the training, supervision and qualification of such persons; the regulation of ownership and control of business enterprises throughout the federation for the purpose of promoting, encouraging or facilitating such ownership and control by citizens of nigeria; the establishment of research centres for agricultural studies; and the establishment of institutions and bodies for the promotion or financing of industrial, commercial or agricultural projects. subject to the provisions of this constitution, a house of assembly may make laws for that state with respect to industrial, commercial or agricultural development of the state. nothing in the foregoing paragraphs of this item shall be construed as precluding a house of assembly from making laws with respect to any of the matters referred to in the foregoing paragraphs. for the purposes of the foregoing paragraphs of this item, the word â��agriculturalâ�� includes fishery. the national assembly may make laws to regulate or co-ordinate scientific and technological research throughout the federation. nothing herein shall prelude a house of assembly from establishing or making provisions for an institution or other arrangement for the purpose of scientific and technological research. the national assembly may make laws for the federation or any part thereof with respect to statistics so far as the subject matter relates toany matter upon which the national assembly has power to make laws; and the organisation of co-ordinated scheme of statistics for the federation or any part thereof on any matter whether or not it has power to make laws with respect thereto. a house of assembly may make laws for the state with respect to statistics and on any matter other than that referred to in paragraph 23(a) of this item. the national assembly may make laws for the federation or any part thereof with respect to trigonometrical, cadastral and topographical surveys. a house of assembly may, subject to paragraph 25 hereof, make laws for that state or any part thereof with respect to trigonometrical, cadastral and topographical surveys. the national assembly shall have power to make laws for the federation or any part thereof with respect to university education, technological education or such professional education as may from time to time be designated by the national assembly. the power conferred on the national assembly under paragraph 27 of this item shall include power to establish an institution for the purposes of university, post-primary, technological or professional education. subject as herein provided, a house of assembly shall have power to make laws for the state with respect to the establishment of an institution for purposes of university, technological or professional education. nothing in the foregoing paragraphs of this item shall be construed so as to limit the powers of a house of assembly to make laws for the state with respect to technical, vocational, post-primary, primary or other forms of education, including the establishment of institutions for the pursuit of such education. part iii. supplemental and interpretation where by this schedule the national assembly is required to designate any matter or thing or to make any declaration, it may do so either by an act of the national assembly or by a resolution passed by both houses of the national assembly. in this schedule, references to incidental and supplementary matters include, without prejudice to their generality, references to: offences; the jurisdiction, powers, practice and procedure of courts of law; and the acquisition and tenure of land. schedule iii part i. federal executive bodies a. code of conduct bureau the code of conduct bureau shall comprise the following members: a chairman; and nine other members, each of whom, at the time of appointment, shall not be less than fifty years of age and subject to the provisions of section 157 of this constitution shall vacate his office on attaining the age of seventy years. the bureau shall establish such offices in each state of the federation as it may require for the discharge of its functions under this constitution. the bureau shall have power to: receive declarations by public officers made under paragraph 12 of part i of the fifth schedule to this constitution; examine the declarations in accordance with the requirements of the code of conduct or any law; retain custody of such declarations and make them available for inspection by any citizen of nigeria on such terms and conditions as the national assembly may prescribe; ensure compliance with and, where appropriate, enforce the provisions of the code of conduct or any law relating thereto; receive complaints about non-compliance with or breach of the provisions of the code of conduct or any law in relation thereto, investigate the complaint and, where appropriate, refer such matters to the code of conduct tribunal; appoint, promote, dismiss and exercise disciplinary control over the staff of the codes of conduct bureau in accordance with the provisions of an act of the national assembly enacted in that behalf; and carry out such other functions as may be conferred upon it by the national assembly. the terms and conditions of service of the staff of the code of conduct bureau shall be the same as those provided for public officers in the civil service of the federation. b. council of state the council of state shall comprise the following persons: the president, who shall be the chairman; the vice-president, who shall be the deputy chairman; all former presidents of the federation and all former heads of the government of the federation; all former chief justices of nigeria; the president of the senate; the speaker of the house of representatives; all the governors of the states of the federation; and the attorney-general of the federation. the council shall have power to: advise the president in the exercise of his powers with respect to the:national population census and compilation, publication and keeping of records and other information concerning the same; prerogative of mercy; award of national honours; the independent national electoral commission (including the appointment of members of that commission); the national judicial council (including the appointment of the members, other than ex-officio members of that council); and the national population commission (including the appointment of members of that commission); and advise the president whenever requested to do so on the maintenance of public order within the federation or any part thereof and on such other matters as the president may direct. c. federal character commission 7 the federal character commission shall comprise the following members: a chairman; and one person to represent each of the states of the federation and the federal capital territory, abuja. the chairman and members shall be appointed by the president, subject to confirmation by the senate. 8 in giving effect to the provisions of section 14(3) and (4) of this constitution, the commission shall have the power to: work out an equitable formula subject to the approval of the national assembly for the distribution of all cadres of posts in the public service of the federation and of the states, the armed forces of the federation, the nigeria police force and other government security agencies, government owned companies and parastatals of the states; promote, monitor and enforce compliance with the principles of proportional sharing of all bureaucratic, economic, media and political posts at all levels of government; take such legal measures, including the prosecution of the head or staff of any ministry or government body or agency which fails to comply with any federal character principle or formula prescribed or adopted by the commission; and carry out such other functions as may be conferred upon it by an act of the national assembly. the posts mentioned in sub-paragraph (1) (a) and (b) of this paragraph shall include those of the permanent secretaries, directors-general in extra-ministerial departments and parastatals, directors in ministries and extra-ministerial departments, senior military officers, senior diplomatic posts and managerial cadres in the federal and state parastatals, bodies, agencies and institutions. notwithstanding any provision in any other law or enactment, the commission shall ensure that every public company or corporation reflects the federal character in the appointments of its directors and senior management staff. it shall be the duty of the board of directors of every state-owned enterprise to recognise and promote the principle of federal character in the ownership and management structure of the company. d. federal civil service commission the federal civil service commission shall comprise the following membersa chairman; and not more than fifteen other members, who shall, in the opinion of the president, be persons of unquestionable integrity and sound political judgment. 11 the commission shall without prejudice to the powers vested in the president, the national judicial council, the federal judicial service commission, the national population commission and the police service commission, have powerto appoint persons to offices in the federal civil service; and to dismiss and exercise disciplinary control over persons holding such offices. the commission shall not exercise any of its powers under sub-paragraph (1) of this paragraph in respect of such offices of heads of divisions of ministries or of departments of the government of the federation as may, from time to time, be designated by an order made by the president except after consultation with the head of the civil service of the federation. e. federal judicial service commission the federal judicial service commission shall comprise the following membersthe chief justice of nigeria, who shall be the chairman; the president of the court of appeal; the attorney-general of the federation; the chief judge of the federal high court; the president of the national industrial court; two persons, each of whom has been qualified to practice as a legal practitioner in nigeria for a period of not less than fifteen years, from a list of not less than four persons so qualified and recommended by the nigerian bar association; and two other persons, not being legal practitioners, who in the opinion of the president are of unquestionable integrity. the commission shall have power toadvise the national judicial council in nominating persons for appointment, as respects appointments to the office ofthe chief justice of nigeria; a justice of the supreme court; the president of the court of appeal; a justice of the court of appeal; the chief judge of the federal high court; a judge of the federal high court; and the president of the national industrial court; a judge of the national industrial court, and the chairman and members of the code of conduct tribunal; recommend to the national judicial council, the removal from office of the judicial officers specified in sub-paragraph (a) of this paragraph; and appoint, dismiss and exercise disciplinary control over the chief registrars and deputy chief registrars of the supreme court, the court of appeal, the federal high court, the national industrial court and all other members of the staff of the judicial service of the federation not otherwise specified in this constitution and of the federal judicial service commission. f. independent national electoral commission 14 the independent national electoral commission shall comprise the following membersa chairman, who shall be the chief electoral commissioner; and twelve other members to be known as national electoral commissioners. a member of the commission shallâ�� be non-partisan and a person of unquestionable integrity; and be not less than 40 years of age in the case of the chairman and not less than 35 years of age in the case of the national commissioners. there shall be for each state of the federation and the federal capital territory, abuja, a resident electoral commissioner who shallâ�� be appointed by the president subject to confirmation by the senate; be a person of unquestionable integrity and shall not be a member of any political party; and not be less than 35 years of age. the commission shall have power toorganise, undertake and supervise all elections to the offices of the president and vice-president, the governor and deputy governor of a state, and to the membership of the senate, the house of representatives and the house of assembly of each state of the federation; register political parties in accordance with the provisions of this constitution and an act of the national assembly; monitor the organisation and operation of the political parties, including their finances, conventions, congresses and party primaries; arrange for the annual examination and auditing of the funds and accounts of political parties, and publish a report on such examination and audit for public information; arrange and conduct the registration of persons qualified to vote and prepare, maintain and revise the register of voters for the purpose of any election under this constitution; monitor political campaigns and provide rules and regulations which shall govern the political parties; ensure that all electoral commissioners, electoral and returning officers take and subscribe the oath of office prescribed by law; delegate any of its powers to any resident electoral commissioner; and carry out such other functions as may be conferred upon it by an act of the national assembly. g. national defence council the national defence council shall comprise the following membersthe president who shall be the chairman; the vice-president who shall be the deputy chairman; the minister of the government of the federation responsible for defence; the chief of defence staff; the chief of army staff; the chief of naval staff; the chief of air staff; and such other members as the president may appoint. the council shall have power to advise the president on matters relating to the defence of the sovereignty and territorial integrity of nigeria. h. national economic council the national economic council shall comprise the following membersthe vice-president who shall be the chairman; the governor of each state of the federation; and the governor of the central bank of nigeria established under the central bank of nigeria decree 1991 or any enactment replacing that decree. the national economic council shall have power to advise the president concerning the economic affairs of the federation, and in particular on measures necessary for the co-ordination of the economic planning efforts or economic programmes of the various governments of the federation. i. national judicial council the national judicial council shall comprise the following membersthe chief justice of nigeria who shall be the chairman; the next most senior justice of the supreme court who shall be the deputy chairman; the president of the court of appeal; five retired justices selected by the chief justice of nigeria from the supreme court or court of appeal; the chief judge of the federal high court; the president of the national industrial court; five chief judges of states to be appointed by the chief justice of nigeria from among the chief judges of the states and of the high court of the federal capital territory, abuja in rotation to serve for two years; one grand kadi to be appointed by the chief justice of nigeria from among grand kadis of the sharia courts of appeal to serve in rotation for two years; one president of the customary court of appeal to be appointed by the chief justice of nigeria from among the presidents of the customary courts of appeal to serve in rotation for two years; five members of the nigerian bar association who have been qualified to practice for a period of not less than fifteen years, at least one of whom shall be a senior advocate of nigeria, appointed by the chief justice of nigeria on the recommendation of the national executive committee of the nigerian bar association to serve for two years and subject to re-appointment: provided that the five members shall sit in the council only for the purposes of considering the names of persons for appointment to the superior courts of record; and two persons not being legal practitioners, who in the opinion of the chief justice of nigeria, are of unquestionable integrity. the national judicial council shall have power torecommend to the president from among the list of persons submitted to it bythe federal judicial service commission, persons for appointment to the offices of the chief justice of nigeria, the justices of the supreme court, the president and justices of the court of appeal, the chief judge and judges of the federal high court, the president and judges of the national industrial court, and the judicial service committee of the federal capital territory, abuja, persons for appointment to the offices of the chief judge and judges of the high court of the federal capital territory, abuja, the grand kadi and kadis of the sharia court of appeal of the federal capital territory, abuja and the president and judges of the customary court of appeal of the federal capital territory, abuja; recommend to the president the removal from office of the judicial officers specified in sub-paragraph (a) of this paragraph and to exercise disciplinary control over such officers; recommend to the governors from among the list of persons submitted to it by the state judicial service commissions persons for appointments to the offices of the chief judges of the states and judges of the high courts of the states, the grand kadis and kadis of the sharia courts of appeal of the states and the presidents and judges of the customary courts of appeal of the states; recommend to the governors the removal from the office of the judicial officers in sub-paragraph (c) of this paragraph, and to exercise disciplinary control over such officers; collect, control and disburse all moneys, capital and recurrent, for the judiciary; advise the president and governors or any matter pertaining to the judiciary as may be referred to the council by the president or the governors; appoint, dismiss and exercise disciplinary control over members and staff of the council; control and disburse all monies, capital and recurrent; for the services of the council; and deal with all other matters relating to broad issues of policy and administration. the secretary of the council shall be appointed by the national judicial council on the recommendation of the federal nation judicial service commission and shall be a legal practitioner. j. national population commission the national population commission shall comprise the following membersa chairman; and one person from each state of the federation and the federal capital territory, abuja. the commission shall have power toundertake periodical enumeration of population through sample surveys, censuses or otherwise; establish and maintain a machinery for continuous and universal registration of births and deaths throughout the federation; advise the president on population matters; publish and provide information and data on population for the purpose of facilitating economic and development planning; and appoint and train or arrange for the appointment and training of enumerators or the staff of the commission. k. national security council the national security council shall comprise the following membersthe president who shall be the chairman; the vice-president who shall be the deputy chairman; the chief of defence staff; the minister of the government of the federation charged with the responsibility for internal affairs; the minister of the government of the federation charged responsibility for defence; the minister of the government of the federation charged with the responsibility for foreign affairs; the national security adviser; the inspector-general of police; and such other persons as the president may in his discretion appoint. the council shall have power to advise the president on matters relating to public security including matters relating to any organisation or agency established by law for ensuring the security of the federation. l. nigeria police council the nigeria police council shall comprise the following membersthe president who shall be the chairman; the governor of each state of the federation; the chairman of the police service commission; and the inspector-general of police. the functions of the nigeria police council shall includethe organisation and administration of the nigeria police force and all other matters relating thereto (not being matters relating to the use and operational control of the force or the appointment, disciplinary control and dismissal of members of the force); the general supervision of the nigeria police force; and advising the president on the appointment of the inspector-general of police. m. police service commission the police service commission shall comprise the following membersa chairman; and such number of other persons, not less than seven but not more than nine, as may be prescribed by an act of the national assembly. the commission shall have power toappoint persons to offices (other than office of the inspector-general of police) in the nigeria police force; and dismiss and exercise disciplinary control over persons holding any office referred to in sub-paragraph (a) of this paragraph. n. revenue mobilisation allocation and fiscal commission the revenue mobilisation allocation and fiscal commission shall comprise the following membersa chairman; and one member from each state of the federation and the federal capital territory, abuja who in the opinion of the president are persons of unquestionable integrity with requisite qualifications and experience. the commission shall have power tomonitor the accruals to and disbursement of revenue from the federation account; review, from time to time, the revenue allocation formulae and principles in operation to ensure conformity with changing realities: provided that any revenue formula which has been accepted by an act of the national assembly shall remain in force for a period of not less than five years from the date of commencement of the act; advise the federal and state governments on fiscal efficiency and methods by which their revenue can be increased; determine the remuneration appropriate for political office holders, including the president, vice-president, governors, deputy governors, ministers, commissioners, special advisers, legislators and the holders of the offices mentioned in sections 84 and 124 of this constitution; and discharge such other functions as are conferred on the commission by this constitution or any act of the national assembly. part ii. stateâ��s executive bodies (established by section 197 a. state civil service commission a state civil service commission shall comprise the following membersa chairman; and not less than two and not more than four other persons, who shall, in the opinion of the governor, be persons of unquestionable integrity and sound political judgment. 2 the commission shall have power without prejudice to the powers vested in the governor and the state judicial service commission toappoint persons to offices in the state civil service; and dismiss and exercise disciplinary control over persons holding such offices. the commission shall not exercise any of its powers under sub-paragraph (1) of this paragraph in respect of such offices of heads of divisions of ministries or of departments of the government of the state as may from time to time be designated by an order made by the governor except after consultation with the head of the civil service of the state. b. state independent electoral commission a state independent electoral commission shall comprise the following membersa chairman; and not less than five but not more than seven other persons. the commission shall have powerto organise, undertake and supervise all elections to local government councils within the state; to render such advice as it may consider necessary to the independent national electoral commission on the compilation of and the register of voters in so far as that register is applicable to local government elections in the state. c. state judicial service commission a state judicial service commission shall comprise the following membersthe chief judge of the state, who shall be the chairman; the attorney general of the state; the grand kadi of the sharia court of appeal of the state, if any; the president of the customary court of appeal of the state, if any; two members, who are legal practitioners, and who have been qualified to practice as legal practitioners in nigeria for not less than ten years; and two other persons, not being legal practitioners, who in the opinion of the governor are of unquestionable integrity. the commission shall have power toadvise the national judicial council on suitable persons for nomination to the office ofthe chief judge of the state, the grand kadi of the sharia court of appeal of the state, if any, the president of the customary court of appeal of the state, if any, judges of the high court of the state, kadis of the sharia court of appeal of the state, if any, and judges of the customary court of appeal of the state, if any; subject to the provisions of this constitution, to recommend to the national judicial council the removal from the office of the judicial officers specified in sub-paragraph (a) of this paragraph; and to appoint, dismiss and exercise disciplinary control over the chief registrar and deputy chief registrar of the high court, the chief registrars of the sharia court of appeal and customary court of appeal, magistrates, judges and members of area courts and customary courts and all other members of the staff of the judicial service of the state not otherwise specified in this constitution. part iii. federal capital territory, abuja executive body (established under section 304) judicial service committee of the federal capital territory, abuja judicial service committee of the federal capital territory abuja the judicial service committee of the federal capital territory, abuja shall comprise the following membersthe chief judge of the federal capital territory, abuja who shall be the chairman; the attorney-general of the federation; the grand kadi of the sharia court of appeal of the federal capital territory, abuja; the president of the customary court of appeal of the federal capital territory, abuja; one person who is a legal practitioner and who has been qualified to practice as a legal practitioner in nigeria for a period of not less than twelve years; and one other person, not being practitioner, who in the opinion of the president is of unquestionable integrity. the committee shall have powerto recommend to the national judicial council suitable persons for nomination for appointment to the office ofthe chief judge of the federal capital territory, abuja, a judge of the high court of the federal capital territory, abuja, the grand kadi of the sharia court of appeal of the federal capital territory, abuja, the president of the customary court of appeal of the federal capital territory, abuja, a kadi of the sharia court of appeal of the federal capital territory, abuja, a judge of the customary court of appeal of the federal capital territory, abuja; subject to the provisions of this constitution, to recommend to the national judicial council the removal from office of the judicial officers specified in sub-paragraph (a) of this paragraph; to appoint, promote and exercise disciplinary control over the chief registrar and deputy chief registrars of the high court, the sharia court of appeal and the customary court of appeal of the federal capital territory, abuja, magistrates, the judges and members of the district and area courts of the federal capital territory, abuja, if any, and all other members of the staff of the judicial service of the federal capital territory, abuja not otherwise specified in this constitution and of the judicial service committee of the federal capital territory, abuja. schedule iv. functions of a local government council the main functions of a local government council are as follows: the consideration and the making of recommendations to a state commission on economic planning or any similar body onthe economic development of the state, particularly in so far as the areas of authority of the council and of the state are affected, and proposals made by the said commission or body; collection of rates, radio and television licences; establishment and maintenance of cemeteries, burial grounds and homes for the destitute or infirm; licensing of bicycles, trucks (other than mechanically propelled trucks), canoes, wheel barrows and carts; establishment, maintenance and regulation of slaughter houses, slaughter slabs, markets, motor parks and public conveniences; construction and maintenance of roads, streets, street lightings, drains and other public highways, parks, gardens, open spaces, or such public facilities as may be prescribed from time to time by the house of assembly of a state; naming of roads and streets and numbering of houses; provision and maintenance of public conveniences, sewage and refuse disposal; registration of all births, deaths and marriages; assessment of privately owned houses or tenements for the purpose of levying such rates as may be prescribed by the house of assembly of a state; and control and regulation ofout-door advertising and hoarding, movement and keeping of pets of all description, shops and kiosks, restaurants, bakeries and other places for sale of food to the public, laundries, and licensing, regulation and control of the sale of liquor. the functions of a local government council shall include participation of such council in the government of a state as respects the following mattersthe provision and maintenance of primary, adult and vocational education; the development of agriculture and natural resources, other than the exploitation of materials; the provision and maintenance of health services; and such other functions as may be conferred on a local government council by the house of assembly of the state. schedule v part i. code of conduct for public officers general a public officer shall not put himself in a position where his personal interest conflicts with his duties and responsibilities. without prejudice to the generality of the foregoing paragraph, a public officer shall notreceive or be paid the emoluments of any public office at the same time as he receives or is paid the emoluments of any other public office; or except where he is not employed on full time basis, engage or participate in the management or running of any private business, profession or trade but nothing in this sub-paragraph shall prevent a public officer from engaging in farming. the president, vice-president, governor, deputy governor, ministers of the government of the federation and commissioners of the governments of the states, members of the national assembly and of the houses of assembly of the states, and such other public officers or persons as the national assembly may by law prescribe shall not maintain or operate a bank account in any country outside nigeria. 4 a public officer shall not, after his retirement from public service and while receiving pension from public funds, accept more than one remuneration position as chairman, director or employee ofa company owned or controlled by the government; or any public authority. a retired public servant shall not receive any other remuneration from public funds in addition to his pension and the emolument of such one remunerative position. 5 retired public officers who have held offices to which this paragraph applies are prohibited from service or employment in foreign companies or foreign enterprises. this paragraph applies to the offices of president, vice-president, chief justice of nigeria, governor and deputy governor of a state. 6 a public officer shall not ask for or accept property or benefits of any kind for himself or any other person on account of anything done or omitted to be done by him in the discharge of his duties. for the purposes of sub-paragraph (1) of this paragraph, the receipt by a public officer of any gifts or benefits from commercial firms, business enterprises or persons who have contracts with the government shall be presumed to have been received in contravention of the said sub-paragraph unless the contrary is proved. a public officer shall only accept personal gifts or benefits from relatives or personal friends to such extent and on such occasions as are recognised by custom: provided that any gift or donation to a public officer on any public or ceremonial occasion shall be treated as a gift to the appropriate institution represented by the public officer, and accordingly, the mere acceptance or receipt of any such gift shall not be treated as a contravention of this provision. the president or vice-president, governor or deputy governor, minister of the government of the federation or commissioner of the government of a state, or any other public officer who holds the office of a permanent secretary or head of any public corporation, university, or other parastatal organisation shall not accepta loan, except from government or its agencies, a bank, building society, mortgage institution or other financial institution recognised by law; and any benefit of whatever nature from any company, contractor, or businessman, or the nominee or agent of such person: provided that the head of a public corporation or of a university or other parastatal organisation may, subject to the rules and regulations of the body, accept a loan from such body. no persons shall offer a public officer any property, gift or benefit of any kind as an inducement or bribe for the granting of any favour or the discharge in his favour of the public officerâ��s duties. a public officer shall not do or direct to be done, in abuse of his office, any arbitrary act prejudicial to the rights of any other person knowing that such act is unlawful or contrary to any government policy. a public officer shall not be a member of, belong to, or take part in any society the membership of which is incompatible with the functions or dignity of his office. 11 subject to the provisions of this constitution, every public officer shall within three months after the coming into force of this code of conduct or immediately after taking office and thereafterâ�� at the end of every four years; and at the end of his term of office, submit to the code of conduct bureau a written declaration of all his properties, assets, and liabilities and those of his unmarried children under the age of eighteen years. any statement in such declaration that is found to be false by any authority or person authorised in that behalf to verify it shall be deemed to be a breach of this code. any property or assets acquired by a public officer after any declaration required under this constitution and which is not fairly attributable to income, gift, or loan approved by this code shall be deemed to have been acquired in breach of this code unless the contrary is proved. any allegation that a public officer has committed a breach of or has not complied with the provisions of this code shall be made to the code of conduct bureau. a public officer who does any act prohibited by this code through a nominee, trustee, or other agent shall be deemed ipso facto to have committed a breach of this code. in its application to public officersmembers of legislative houses shall be exempt from the provisions of paragraph 4 of this code; and the national assembly may by law exempt any cadre of public officers from the provisions of paragraphs 4 and 11 of this code if it appears to it that their position in the public service is below the rank which it considers appropriate for the application of those provisions. code of conduct tribunal code of conduct tribunal 15 there shall be established a tribunal to be known as code of conduct tribunal which shall consist of a chairman and two other persons. the chairman shall be a person who has held or is qualified to hold office as a judge of a court of record in nigeria and shall receive such remuneration as may be prescribed by law. the chairman and members of the code of conduct tribunal shall be appointed by the president in accordance with the recommendation of the national judicial council. the national assembly may by law confer on the code of conduct tribunal such additional powers as may appear to it to necessary to enable it more effectively to discharge the functions conferred on it in this schedule. 16 the tenure of office of the staff of the code of conduct tribunal shall, subject to the provisions of this code, be the same as that provided for in respect of officers in the civil service of the federation. the power to appoint the staff of the code of conduct tribunal and to exercise disciplinary control over them shall vest in the members of the code of conduct tribunal and shall be exercisable in accordance with the provisions of an act of the national assembly enacted in that behalf. 17 subject to the provisions of this paragraph, a person holding the office of chairman or member of the code of conduct tribunal shall vacate his office when he attains the age of seventy years. a person who has held office as chairman or member of the code of conduct tribunal for a period of not less than ten years shall, if he retires at the age of seventy years, be entitled to pension for life at a rate equivalent to his last annual salary in addition to other retirement benefits to which he may be entitled. a person holding the office of chairman or member of the code of conduct tribunal shall not be removed from his office or appointment by the president except upon an address supported by two-thirds majority of each house of the national assembly praying that he be so removed for inability to discharge the functions of the office in question (whether arising from infirmity of mind or body) or for misconduct or for contravention of this code. a person holding the office of chairman or member of the code of conduct tribunal shall not be removed from office before retiring age save in accordance with the provisions of this code. 18 where the code of conduct tribunal finds a public officer guilty of contravention of any of the provisions of this code it shall impose upon that officer any of the punishments specified under sub-paragraph (2) of this paragraph and such other punishment as may be prescribed by the national assembly. the punishment which the code of conduct tribunal may impose shall include any of the followingvacation of office or seat in any legislative house, as the case may be; disqualification from membership of a legislative house and from the holding of any public office for a period not exceeding ten years; and seizure and forfeiture to the state of any property acquired in abuse or corruption of office. the sanctions mentioned in sub-paragraph (2) hereof shall be without prejudice to the penalties that may be imposed by any law where the conduct is also a criminal offence. where the code of conduct tribunal gives a decision as to whether or not a person is guilty of a contravention of any of the provisions of this code, an appeal shall lie as of right from such decision or from any punishment imposed on such person to the court of appeal at the instance of any party to the proceedings. any right of appeal to the court of appeal from the decisions of the code of conduct tribunal conferred by sub-paragraph (4) hereof shall be exercised in accordance with the provisions of an act of the national assembly and rules of court for the time being in force regulating the powers, practice and procedure of the court of appeal. nothing in this paragraph shall prejudice the prosecution of a public officer punished under this paragraph or preclude such officer from being prosecuted or punished for an offence in a court of law. the provisions of this constitution relating to prerogative of mercy shall not apply to any punishment imposed in accordance with the provisions of this paragraph. interpretation in this code, unless the context otherwise requiresâ�� â��assetsâ�� includes any property, movable and immovable and incomes owned by a person; â��businessâ�� means any profession, vocation, trade, or any adventure or concern in the nature of trade and excludes farming; â��childâ�� includes a step-child, a lawfully adopted child, a child born out of wedlock and any child to whom any individual stands in place of a parent; â��emolumentâ�� means any salary, wage, over-time or leave pay, commission, fee, bonus, gratuity, benefit, advantage (whether or not that advantage is capable of being turned into money or moneyâ��s worth), allowance, pension or annuity paid, given or granted in respect of any employment or office; "foreign companies" or "foreign enterprises" means companies or enterprises in which the controlling shares are owned by persons other than the government, its agencies or citizens of nigeria or whose policies are determined by persons or organisations outside nigeria; â��liabilitiesâ�� includes responsibilities according to law to satisfy a debt, duty or obligation quantifiable in monetary value, instant and contingent; â��misconductâ�� means breach of the oath of allegiance or oath of office of a member or breach of the provisions of this constitution or a misconduct of such nature as amounts to bribery or corruption or false declaration of assets and liabilities; â��public officeâ�� means a person holding any of the offices specified in part ii of this schedule; and â��public officeâ�� shall not include the chairmanship or membership of ad hoc tribunals, commissions or committees. part ii. public officers for the purposes of the code of conduct the president of the federation. the vice-president of the federation. the president and deputy president of the senate speakers and deputy speaker of the house of representatives and speakers and deputy speakers of houses of assembly of states, and all members and staff of legislative houses. governors and deputy governors of states. chief justice of nigeria, justices of the supreme court, president and justices of the court of appeal, all other judicial officers and all staff of courts of law. attorney-general of the federation and attorney-general of each state. ministers of the government of the federation and commissioners of the governments of the states. chief of defence staff, chief of army staff, chief of naval staff, chief of air staff and all members of the armed forces of the federation. inspector-general of police, deputy inspector-general of police and all members of the nigeria police force and other government security agencies established by law. secretary to the government of the federation, head of the civil service, permanent secretaries, directors-generals and all other persons in the civil service of the federation or of the state. ambassadors, high commissioners and other officers of nigeria missions abroad. chairman, members and staff of the code of conduct bureau and code of conduct tribunal. chairman, members and staff of local government councils. chairman and members of the boards or other governing bodies and staff of statutory corporations and of companies in which the federal or state government has controlling interest. all staff of universities, colleges and institutions owned and financed by the federal or state governments or local government councils. chairman, members and staff of permanent commissions or councils appointed on full time basis. schedule vi. election tribunals a. national and state houses of assembly election tribunals 1 a national and state houses of assembly election tribunal shall consist of a chairman and two other members. the chairman who shall be a judge of a high court and the two other members shall be appointed from among judges of a high court, kadis of a sharia court of appeal, judges of a customary court of appeal or other members of the judiciary not below the rank of a chief magistrate. the chairman and other members shall be appointed by the president of the court of appeal in consultation with the chief judge of the state, the grand kadi of the sharia court of appeal of the state or the president of the customary court of appeal of the state, as the case may be. b. governorship election tribunal 2 a governorship election tribunal shall consist of a chairman and two other members. the chairman who shall be a judge of a high court and the two other members shall be appointed from among judges of a high court, kadis of a sharia court of appeal, judges of a customary court of appeal or members of the judiciary not below the rank of a chief magistrate. the chairman and other members shall be appointed by the president of the court of appeal in consultation with the chief judge of the state, the grand kadi of the sharia court of appeal of the state or the president of the customary court of appeal of the state, as the case may be. schedule vii. oaths oaths of allegiance i, â�¦â�¦â�¦. do solemnly swear/affirm that i will be faithful and bear true allegiance to the federal republic of nigeria and that i will preserve, protect and defend the constitution of the federal republic of nigeria. so help me god. oath of office of president i, .............. do solemnly swear/affirm that i will be faithful and bear true allegiance to the federal republic of nigeria; that as president of the federal republic of nigeria, i will discharge my duties to the best of my ability, faithfully and in accordance with the constitution of the federal republic of nigeria and the law, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of the federal republic of nigeria; that i will strive to preserve the fundamental objectives and directive principles of state policy contained in the constitution of the federal republic of nigeria; that i will not allow my personal interest to influence my official conduct or my official decisions; that i will to the best of my ability preserve, protect and defend the constitution of the federal republic of nigeria; that i will abide by the code of conduct contained in the fifth schedule to the constitution of the federal republic of nigeria; that in all circumstances, i will do right to all manner of people, according to law, without fear or favour, affection or ill-will; that i will not directly or indirectly communication or reveal to any person any matter which shall be brought under my consideration or shall become known to me as president of the federal republic of nigeria, except as may be required for the due discharge of my duties as president; and that i will devote myself to the service and well-being of the people of nigeria. so help me god. oath of office of governor of a state i, ......... do solemnly swear/affirm that i will be faithful and bear true allegiance to the federal republic of nigeria; that as the governor of ......... state, i will discharge my duties to the best of my ability, faithfully and in accordance with the constitution of the federal republic of nigeria and the law, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of the federal republic of nigeria; that i will strive to preserve the fundamental objectives and directive principles of state policy contained in the constitution of the federal republic of nigeria; that i will exercise the authority vested in me as governor so as not to impede or prejudice the authority lawfully vested in the president of the federal republic of nigeria and so as not to endanger the continuance of federal government in nigeria; that i will not allow my personal interest to influence my official conduct or my official decisions; that i will to the to the best of my ability preserve, protect and defend the constitution of the federal republic of nigeria; that i will abide by the code of conduct contained in the fifty schedule to the constitution of the federal republic of nigeria; that in all circumstances, i will do right to all manner of people, according to law, without fear or favour, affection or ill-will; that i will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as governor of ......... state, except as may be required for the due discharge of my duties as governor; and that i will devote myself to the service and well-being of the people of nigeria. so help me god. oath of office of vice-president, deputy governor, minister, commissioner or special adviser i, .......... do solemnly swear/affirm that i will be faithful and bear true allegiance to the federal republic of nigeria; that as vice-president of the federal republic of nigeria/deputy governor of ....... state/minister of the government of the federation/commissioner of the government ........ state/special adviser to ........, i will discharge my duties to the best of my ability, faithfully and in accordance with the constitution of the federal republic of nigeria and the law, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of the federal republic of nigeria; that i will strive to preserve the fundamental objectives and directive principles of state policy contained in the constitution of the federal republic of nigeria; that i will not allow my personal interest to influence my official conduct or my official decisions, that i will to the best of my ability preserve, protect and defend the constitution of the federal republic of nigeria; that i will abide by the code of conduct contained in the fifth schedule to the constitution of the federal republic of nigeria; that in all circumstances, i will do right to all manner of people, according to law, without fear or favour, affection or ill-will; that i will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as vice-president of the federal republic of nigeria/deputy governor of ..... state/minister of the government of the federation/commissioner of ...... state/special adviser to ......... except as may be required for the due discharge of my duties as vice-president/deputy governor of ....... state/minister/commissioner/special adviser. so help me god. oath of a member of the national assembly or of a house of assembly i, ..... do solemnly swear/affirm that i will be faithful and bear true allegiance to the federal republic of nigeria; that as a member of the senate/house of representatives/ ..... house of assembly, i will perform my functions honestly to the best of my ability, faithfully and in accordance with the constitution of the federal republic of nigeria and the law, and the rules of the senate/house of representatives/ ...... house of assembly and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of the federal republic of nigeria; that i will strive to preserve the fundamental objectives and directive principles of state policy contained in the constitution of the federal republic of nigeria; and that i will preserve, protect and defend the constitution of the federal republic of nigeria; and that i will abide by the code of conduct contained in the fifth schedule of the constitution of the federal republic of nigeria. so help me god. judicial oath i, ...... do solemnly swear/affirm that i will be faithful and bear true allegiance to the federal republic of nigeria; that as chief justice of nigeria/justice of the supreme court/president/justice of the court of appeal/chief judge/judge of the federal high court/president/judge of the national industrial court/chief judge/judge of the high court of the federal capital territory, abuja/chief judge of ...... state/judge of the high court of ...... state/grand kadi/kadi of the sharia court of appeal of the federal capital territory, abuja/grand kadi/kadi of the sharia court of appeal of .... state/president/judge of the customary court of appeal of the federal capital territory, abuja/president/judge of the customary court of appeal of ......... state. i will discharge my duties, and perform my functions honestly, to the best of my ability and faithfully in accordance with the constitution of the federal republic of nigeria and the law, that i will abide by the code of conduct contained in the fifth schedule to the constitution of the federal republic of nigeria; that i will not allow my personal interest to influence my official conduct or my official decisions; that i will preserve, protect and defend the constitution of the federal republic of nigeria. so help me god. preamble whereas we, the people of the united republic of tanzania, have firmly and solemnly resolved to build in our country a society founded on the principles of freedom, justice, fraternity and concord: and whereas those principles can only be realised in a democratic society in which the executive is accountable to a legislature composed of elected members and representative of the people, and also a judiciary which is independent and dispenses justice without fear or favour, thereby ensuring that all human rights are preserved and protected and that the duties of every person are faithfully discharged: now, therefore, this constitution is enacted by the constituent assembly of the united republic of tanzania, on behalf of the people, for the purpose of building such a society and ensuring that tanzania is governed by a government that adheres to the principles of democracy and socialism and shall be a secular state. chapter 1. the united republic, political parties, the people and the policy of socialism and self-reliance part i. the united republic and the people 1. proclamation of the united republic tanzania is one state and is a sovereign united republic. 2. the territory of the united republic the territory of the united republic consists of the whole of the area of mainland tanzania and the whole of the area of tanzania zanzibar, and includes the territorial waters. for the purpose of the efficient discharge of the functions of the government of the united republic or of the revolutionary government of zanzibar, the president may, in accordance with the procedures prescribed by law or provisions of such law as may be enacted by parliament, divide the united republic into regions, districts and other areas: provided that the president shall first consult with the president of zanzibar before dividing tanzania zanzibar into regions, districts or other areas. 3. declaration of multi party state the united republic is a democratic, secular and socialist state which adheres to multi-party democracy. all matters pertaining to the registration and administration of political parties in the united republic shall be governed by the provisions of this constitution and of a law enacted by parliament for that purpose. 4. exercise of state authority of the united republic all state authority in the united republic shall be exercised and controlled by two organs vested with executive powers, two organs vested with judicial powers and two organs vested with legislative and supervisory powers over the conduct of public affairs. the organs vested with executive powers shall be the government of the united republic and the revolutionary government of zanzibar; the organs vested with judicial powers shall be the judiciary of the united republic and the judiciary of the revolutionary government of zanzibar; and the organs vested with legislative and supervisory powers over public affairs shall be the parliament of the united republic and the house of representatives. for the purposes of the efficient conduct of public affairs in the united republic and for the allocation of powers among the organs specified in this article, there shall be union matters as listed in the first schedule and there shall also be non-union matters which are all other matters not so listed. each organ specified in this article shall be established and shall discharge its functions in accordance with the other provisions of this constitution. 5. the franchise every citizen of the united republic who has attained the age of eighteen years is entitled to vote in any election held in tanzania. this right shall be exercised in accordance with the provisions of subarticle (2), and of the other provisions of this constitution and the law for the time being in force in tanzania in relation to public elections. parliament may enact a law imposing conditions restricting a citizen from exercising the right to vote by reason of any of the following grounds: being a citizen of another state; being mentally infirm; being convicted of certain specified criminal offences; omission or failure to prove or to produce evidence as to age, citizenship or registration as a voter. save for these grounds no other grounds shall disqualify a citizen from exercising the right to vote. parliament shall enact electoral law to provide for the following: the establishment of a permanent voters register and prescribing the procedure for its amendment or updating information contained in that register; specification of places and times for the registration of voters and for voting; procedure and conditions for enabling a person registered as a voter in one place to vote in another; specification of the duties and functions of the electoral commission and the procedure for every election which shall be conducted under the direction and supervision of the electoral commission. part ii. fundamental objectives and directive principles of state policy 6. interpretation in this part of this chapter, unless the context requires otherwise, “the government” includes the government of the united republic, the revolutionary government of zanzibar, local government authorities and any person who exercises power or authority on behalf of either government. 7. application of provisions of part ii notwithstanding the of provisions of subarticle (2), it shall be the duty and responsibility of the government, all its organs and all persons or authorities exercising executive, legislative or judicial functions to take cognizance of, observe and apply the provisions of this part of this chapter. the provisions of this part of this chapter are not enforceable by any court. no court shall be competent to determine the question whether or not any action or omission by any person or any court, or any law or judgment complies with the provisions of this part of this chapter. 8. the government and the people the united republic of tanzania is a state which adheres to the principles of democracy and social justice and accordingly— sovereignty resides in the people and it is from the people that the government through this constitution shall derive all its power and authority; the primary objective of the government shall be the welfare of the people; the government shall be accountable to the people; and the people shall participate in the affairs of their government in accordance with the provisions of this constitution. the structure of the government of the united republic and the revolutionary government of zanzibar or any of their organs, and the discharge of their functions shall be so effected as to take into account the unity of the united republic and the need to promote national unity and preserve national dignity. 9. the pursuit of ujamaa and self-reliance the object of this constitution is to facilitate the building of the united republic as a nation of equal and free individuals enjoying freedom, justice, fraternity and concord, through the pursuit of the policy of socialism and self reliance which emphasises the application of socialist principles while taking into account the conditions prevailing in the united republic. therefore, the state authority and all its agencies are obliged to direct their policies and programmes towards ensuring— that human dignity and other human rights are respected and cherished; that the laws of the land are upheld and enforced; that public affairs are conducted in such a way as to ensure that the national resources and heritage are harnessed, preserved and applied for the common good and also to prevent the exploitation of one person by another; that the national economy is planned and promoted in a balanced and integrated manner; that every person who is able to work does work, and work means any legitimate activity by which a person earns a living; that human dignity is preserved and upheld in accordance with the spirit of the universal declaration of human rights; that the government and all its agencies provide equal opportunities to all citizens, men and women alike without regard to their colour, tribe, religion, or station in life; that all forms of injustice, intimidation, discrimination, corruption, oppression or favouritism are eradicated; that the use of national resources places emphasis on the development of the people and in particular is geared towards the eradication of poverty, ignorance and disease; that the economic activities are not conducted in a manner capable of resulting in the concentration of wealth or the major means of production in the hands of a few individuals; that the country is governed according to the principles of democracy and socialism. [repealed by act no. 4 of 1992]. 11. right to work, to educational and other pursuits the state authority shall make appropriate provisions for the realisation of a person’s right to work, to self education and social welfare at times of old age, sickness or disability and in other cases of incapacity. without prejudice to those rights, the state authority shall make provisions to ensure that every person earns his livelihood. every person has the right to self education, and every citizen shall be free to pursue education in a field of his choice up to the highest level according to his merits and ability. the government shall endeavour to ensure that there are equal and adequate opportunities to all persons to enable them to acquire education and vocational training at all levels of schools and other institutions of learning. part iii. basic rights and duties section 1. the right to equality 12. equality of human beings all human beings are born free, and are all equal. every person is entitled to recognition and respect for his dignity. 13. equality before the law all persons are equal before the law and are entitled, without any discrimination, to protection and equality before the law. no law enacted by any authority in the united republic shall make any provision that is discriminatory either of itself or in its effect. the civic rights, duties and interests of every person and community shall be protected and determined by the courts of law or other state agencies established by or under the law. no person shall be discriminated against by any person or any authority acting under any law or in the discharge of the functions or business of any state office. for the purposes of this article the expression “discriminate” means to satisfy the needs, rights or other requirements of different persons on the basis of their nationality, tribe, place of origin, political opinion, colour, religion, sex or station in life such that certain categories of people are regarded as weak or inferior and are subjected to restrictions or conditions whereas persons of other categories are treated differently or are accorded opportunities or advantage outside the specified conditions or the prescribed necessary qualifications except that the word "discrimination" shall not be construed in a manner that will prohibit the government from taking purposeful steps aimed at rectifying disabilities in the society. to ensure equality before the law, the state authority shall make procedures which are appropriate or which take into account the following principles, namely: when the rights and duties of any person are being determined by the court or any other agency, that person shall be entitled to a fair hearing and to the right of appeal or other legal remedy against the decision of the court or of the other agency concerned; no person charged with a criminal offence shall be treated as guilty of the offence until proved guilty of that offence; no person shall be punished for any act which at the time of its commission was not an offence under the law, and also no penalty shall be imposed which is heavier than the penalty in force at the time the offence was committed; for the purposes of preserving the right or equality of human beings, human dignity shall be protected in all activities pertaining to criminal investigations and process, and in any other matters for which a person is restrained, or in the execution of a sentence; no person shall be subjected to torture or inhuman or degrading punishment or treatment. section 2. the right to life 14. right to life every person has the right to live and to the protection of his life by the society in accordance with law. 15. right to personal freedom every person has the right to freedom and to freedom live as a free person. for the purposes of preserving individual freedom and the right to live as a free person, no person shall be arrested, imprisoned, confined, detained, deported or otherwise be deprived of his freedom save only— under circumstances and in accordance with procedures prescribed by law; or in the execution of a judgment, order or a sentence given or passed by the court following a decision in a legal proceeding or a conviction for a criminal offence. 16. right to privacy and personal security every person is entitled to respect and protection of his person, the privacy of his own person, his family and of his matrimonial life, and respect and protection of his residence and private communications. for the purpose of preserving the person’s right in accordance with this article, the state authority shall lay down legal procedures regarding the circumstances, manner and extent to which the right to privacy, security of his person, his property and residence may be encroached upon without prejudice to the provisions of this article. 17. right to freedom of movement every citizen of the united republic has the right to freedom of movement in the united republic and the right to live in any part of the united republic, to leave and enter the country, and the right not to be forced to leave or be expelled from the united republic. any lawful act or any law which is intended to— curtail a person’s freedom of movement and to restrain or imprison him; or limit a person from exercising his freedom of movement so as to— execute a judgment or court order; or compel a person first to comply with any obligations arising under another law; or protect public interest in general or preserve certain special interest or interests of a certain section of the public, such act or law shall not be or be held to be repugnant to or inconsistent with the provisions of this article. section 3. the right to freedom of conscience 18. freedom of expression every person has a freedom of opinion and expression of his ideas; has a right to seek, receive and, or disseminate information regardless of national boundaires; has the freedom to communicate and a freedom with protection from interference from his communication; has a right to be informed at all times of various important events of life and activities of the people and also of issues of importance to the society. 19. right to freedom of religion every person has the right to the freedom to have conscience, or faith, and choice in matters of religion, including the freedom to change his religion or faith. protection of rights referred to in this article shall be in accordance with the provisions prescribed by the laws which are of importance to a democratic society for security and peace in the society, integrity of the society and the national coercion. in this article reference to the word “religion” shall be construed as including reference to religious denominations, and cognate expressions shall be construed accordingly. 20. person’s freedom of association every person has a freedom, to freely and peaceably assemble, associate and cooperate with other persons, express views publicly and to form and join with associations or organisations formed for purposes of preserving or furthering his beliefs or interests or any other interests. notwithstanding the provisions of subarticles (1) and (4), it shall not be lawful for any political entity to be registered which according to its constitution or policy— aims at promoting or furthering the interests of: any religious faith or group; any tribal group, place of origin, race or gender; only a particular area within any part of the united republic; advocates for the break-up of the united republic; accepts or advocates for the use of force or violent confrontation as means of attaining its political goals; advocates or intends to carry on its political activities in only one part of the united republic; does not permit periodic and democratic election of its leaders. parliament may enact legislation which makes provisions for ensuring that political parties operate within the limits and adhere to the conditions set out in subarticle (2) concerning the freedom and the right of persons to associate and assemble. it shall be unlawful for any person to be compelled to join any association or organization, or for any association or any political party to be refused registration on grounds solely the ideology or philosophy of that political party. 21. freedom to participate in public affairs subject to the provisions of article 5, 39 and 67 of this constitution and of the laws of the land in connection with the conditions for electing and being elected or for appointing and being appointed to take part in matters related to governance of the country, every citizen of the united republic is entitled to take part in matters pertaining to the governance of the country, either directly or through representatives freely elected by the people, in conformity with the procedures laid down by, or in accordance with, the law. every citizen has the right and the freedom to participate fully in the process leading to the decision on matters affecting him, his well-being or the nation. section 4. the right to work 22. right to work every person has the right to work. every citizen is entitled to equal opportunity and right on equal terms to hold any office or discharge any function under the state authority. 23. right to just remuneration every person, without discrimination of any kind, is entitled to remuneration commensurate with his work, and all persons working according to their ability shall be remunerated according to the measure and nature of the work done. every person who works is entitled to just remuneration. 24. right to own property every person is entitled to own property, and has a right to the protection of his property held in accordance with the law. subject to the provisions of subarticle (1), it shall be unlawful for any person to be deprived of property for the purposes of nationalisation or any other purposes without the authority of law which makes provision for fair and adequate compensation. section 5. duties to the society 25. duty to participate in work work alone creates the material wealth in society, and is the source of the well-being of the people and the measure of human dignity. accordingly, every person has the duty to— participate voluntarily and honestly in lawful and productive work; and observe work discipline and strive to attain the individual and group production targets desired or set by law notwithstanding the provisions of subarticle (1), there shall be no forced labour in the united republic. for the purposes of this article, and in this constitution generally, it is hereby declared that no work shall be deemed to be forced, cruel or humiliating labour, if such work is according to law— work which has to be done pursuant to a judgment or order of a court; work which has to be done by members of any force in the discharge of their responsibilities; work which has to be done by any person due to a state of emergency or any calamity which threatens the life or well-being of the society; any work or service which forms part of— routine services for ensuring the well-being of society; compulsory national service provided for by law; the national endeavour at the mobilization of human resources for the enhancement of the society and the national economy and to ensure development and national productivity. 26. duty to abide by the laws of the land every person has the duty to observe and to abide by this constitution and the laws of the united republic. every person has the right, in accordance with the procedure provided by law, to take legal action to ensure the protection of this constitution and the laws of the land. 27. duty to safeguard public property every person has the duty to protect the natural resources of the united republic, the property of the state authority, all property collectively owned by the people, and also to respect another person’ property. all persons shall be required by law to safeguard the property of the state authority and all property collectively owned by the people, to combat all forms of waste and squander, and to manage the national economy assiduously with the attitude of people who are masters of the destiny of their nation. 28. defence of the nation every citizen has the duty to protect, preserve and maintain the independence, sovereignty, territory and unity of the nation. parliament may enact appropriate laws to enable the people to serve in the forces and in the defence of the nation. no person shall have the right to sign an act of capitulation and surrender of the nation to the victor, nor ratify or recognize an act of occupation or division of the united republic or of any area of the territory of the nation and, subject to this constitution and any other laws enacted, no person shall have the right to prevent the citizens of the united republic from waging war against any enemy who attacks the nation. treason as defined by law shall be the most grave offence against the united republic. section 6. general provisions 29. fundamental rights and duties every person in the united republic has the right to enjoy fundamental human rights and the benefits of the fulfilment by every person of his duty to society, as provided in articles 12 to 28 of this part of this chapter of the constitution. every person in the united republic has the right to equal protection under the laws of the united republic. no citizen of the united republic shall have a right, status or special position on the basis of his lineage, tradition or descent. it is hereby prohibited for any law to confer any right, status, or special position upon any citizen of the united republic on the basis of lineage, tradition or descent. in order that all persons may benefit from the rights and freedoms specified by this constitution, every person has the duty to so conduct himself and his affairs as not to infringe upon the rights and freedoms of others or the public interest. 30. limitations upon, and enforcement and preservation of basic rights, freedoms and duties the human rights and freedoms, the principles of which are set out in this constitution, shall not be exercised by a person in a manner that causes interference with or curtailment of the rights and freedoms of other persons or of the public interest. it is hereby declared that the provisions contained in this part of this constitution which set out the basic human rights, freedoms and duties, do not invalidate any existing legislation or prohibit the enactment of any legislation or the doing of any lawful act in accordance with such legislation for the purposes of— ensuring that the rights and freedoms of other people or of the interests of the public are not prejudiced by the wrongful exercise of the freedoms and rights of individuals; ensuring the defence, public safety, public order, public morality, public health, rural and urban development planning, the exploitation and utilization of minerals or the increase and development of property or any other interests for the purposes of enhancing the public benefit; ensuring the execution of a judgment or order of a court given or made in any civil or criminal matter; protecting the reputation, rights and freedoms of others or the privacy of persons involved in any court proceedings, prohibiting the disclosure of confidential information, or safeguarding the dignity, authority and independence of the courts; imposing restrictions, supervising and controlling the formation, management and activities of private societies and organisations in the country; or enabling any other thing to be done which promotes, or preserves the national interest in general. any person alleging that any provision in this part of this chapter or in any law concerning his right or duty owed to him has been, is being or is likely to be violated by any person anywhere in the united republic, may institute proceedings for redress in the high court. subject to the other provisions of this constitution, the high court shall have original jurisdiction to hear and determine any matter brought before it pursuant to this article; and the state authority may enact legislation for the purposes of— regulating procedure for instituting proceedings pursuant to this article; specifying the powers of the high court in relation to the hearing of proceedings instituted pursuant to this article; ensuring the effective exercise of the powers of the high court, the preservation and enforcement of the rights, freedoms and duties in accordance with this constitution. where in any proceedings it is alleged that any law enacted or any action taken by the government or any other authority abrogates or abridges any of the basic rights, freedoms and duties set out in articles 12 to 29 of this constitution, and the high court is satisfied that the law or action concerned, to the extent that it conflicts with this constitution, is void, or is inconsistent with this constitution, then the high court, if it deems fit, or if the circumstances or public interest so requires, instead of declaring that such law or action is void, shall have power to decide to afford the government or other authority concerned an opportunity to rectify the defect found in the law or action concerned within such a period and in such manner as the high court shall determine, and such law or action shall be deemed to be valid until such time the defect is rectified or the period determined by the high court lapses, whichever is the earlier. section 7. extraordinary powers of the state authority 31. derogation from rights and freedoms apart from the provisions of article 30(2), any law enacted by parliament shall not be void for the reason only that it enables measures to be taken during a state of emergency or in normal times in relation to persons who are believed to engage in activities which endanger or prejudice the security of the nation, which measures derogate from the provisions of articles 14 and 15 of this constitution. it is hereby prohibited to take any of the measures referred to in subarticle (1) of this article in pursuance of any law during a state of emergency or in normal times in relation to any person, save only to the extent that they are necessary and justifiable for dealing with the situation that exists during the state of emergency, or in normal times dealing with the situation created by the conduct of the person concerned. it is hereby declared that the provisions of this article shall not authorize the deprivation of a person’s right to live save only for deaths resulting from acts of war. in this and the following articles of this part, “state of emergency” means any period during which the proclamation of state of emergency made by the president in the exercise of the powers conferred on him by article 32, is in force. 32. power to proclaim state of emergency subject to this constitution or to any law enacted by parliament in that behalf, the president may proclaim a state of emergency in the united republic or in any part thereof. the president may proclaim a state of emergency only if— the united republic is at war; or there is real danger that the united republic is about to be invaded and to be in a state of war; or there is actual situation of breakdown of public order or non-existence of public security in the united republic or in any part thereof such that it is necessary to take extraordinary measures to restore order and security; or there is a clear and grave danger such that the breakdown of public order and the cessation of public safety in the united republic or any part thereof are inescapable except by invoking the extraordinary powers; or there is imminent occurrence of danger, disaster or environmental calamity which threatens the society or part thereof in the united republic or; there is some other kind of danger which clearly constitutes a threat to the state. in the event a state of emergency is proclaimed in relation to the whole of the united republic, or to the whole of mainland tanzania or the whole of tanzania zanzibar, the president shall forthwith transmit a copy of the proclamation to the speaker of the national assembly who, after consultation with the leader of government business in the national assembly shall convene a meeting of the national assembly within not more than fourteen days, to consider the situation and decide, whether to pass or not to pass a resolution, which has to be supported by the votes of not less than two thirds of all members, in support of the proclamation of a state of emergency issued by the president. parliament may enact a legislation providing for times and procedures which will enable certain persons in charge of government functions in specified areas of the united republic to request the president to exercise the powers conferred on him by this article in relation to any of those areas where there exists any of the situations specified in paragraphs (c), (d) and (e) of subarticle (2) and such situation does not extend beyond the boundaries of such areas and also for the purpose of specifying the exercise of executive powers during a state of emergency. a proclamation issued by the president pursuant to this article shall cease to have effect— if it is revoked by the president; if fourteen days lapse from the date of the proclamation without there being passed the resolution referred to in subarticle (3); after the lapse of a period of six months from the date of the proclamation; save that a sitting of the national assembly may, before the expiration of the period of six months, extend from time to time the period of the operation of the proclamation for further periods of six months by a resolution passed by votes of not less than two-thirds of all the members present; at any time when a meeting of the national assembly revokes the proclamation by a resolution supported by votes of not less than two-thirds of all the members. for the avoidance of doubt in the interpretation or application of the provisions of this article, the provisions of legislation enacted by parliament and of any other law, concerning the proclamation of a state of emergency as provided for in this article shall apply only to the part of the united republic in respect of which the state of emergency has been proclaimed. chapter 2. the executive of the united republic part i. the president 33. president of the united republic there shall be a president of the united republic. the president shall be the head of state, the head of government and the commander-in-chief of the armed forces. 34. the government of the united republic authority there shall be a government of the united republic which shall have authority over all union matters in the united republic and over all other matters concerning mainland tanzania. the authority of the government of the united republic shall concern the application and upholding of this constitution and also all other matters over which parliament has power to legislate. all the authority of the government of the united republic over all union matters in the united republic and also over all other matters concerning mainland tanzania shall vest in the president of the united republic. subject to the other provisions of this constitution, the authority of the government of the united republic shall be exercised by either the president himself directly or by delegation of such authority to other persons holding office in the service of the united republic. it is hereby declared that the provisions of this article shall not be construed as— transferring to the president any legal functions conferred by law on any person or authority other than the president; or preventing parliament from conferring any legal authority upon any person or persons or authority other than the president. 35. discharge of the business of the government all executive functions of the government of the united republic shall be discharged by officers of the government on behalf of the president. orders and other directives issued for the purposes of this article shall be signified in such manner as may be specified in regulations issued by the president in conformity with the provisions of this constitution. 36. authority to constitute offices and to appoint officers subject to the other provisions of this constitution and of any other law, the president shall have authority to constitute and to abolish any office in the service of the government of the united republic. the president shall have the authority to appoint persons to hold positions of leadership responsible for formulating policies for departments and institutions of the government, and the chief executives who are responsible for supervision of the impoementation of those department's and institution's policies in the service of the government of the united republic, in this constitution or in various laws enacted by the parliament, which are required to be filled by an appointment made by the president. subject to the provisions of subarticle (2), other conditions contained in this constitution and any other relevant law, the authority for appointment of other persons who are not leaders or chief executives, to hold positions in the service of the government of the united republic, and also the authority for promoting such persons, to remove them from the office, to terminate their employment and the authority to regulate their discipline of persons who are given that authority, shall vest in the service commissions and given authority in respect with positions of authority pursuant to this constitution or in accordance within any law concerned. the provisions of subarticles (2) and (3) shall not be construed to prohibit the president to take steps of maintaining discipline of the public servants and the public service of the government of the united republic. 37. discharge of duties and in functions of president apart from complying with the provisions contained this constitution, and the laws of the united republic in the performance of his duties and functions, the president shall be free and shall not be obliged to take the advice given to him by any person, save where he is required by this constitution or any other law to act in accordance with the advice given to him by any person or authority. where the cabinet finds that the president is unable to discharge the functions of his office by reason of physical or mental infirmity, it may submit to the chief justice a resolution requesting him to certify that the president by reason of physical or mental infirmity, is unable to discharge the functions of his office. upon receiving such a resolution, the chief justice shall appoint a medical board of not less than three persons from amongst experts recognized as such by the law governing medical practitioners in tanzania and such board shall inquire into that issue and advise the chief justice accordingly, and he may, after considering the medical evidence, present to the speaker a certificate certifying that the president, due to physical or mental infirmity, is unable to discharge the functions of his office; and if the chief justice does not rescind that certificate within seven days for the reason that the president’s condition has improved and he has resumed work, then it shall be deemed that the office of the president is vacant, and the provisions contained in subarticle (3) shall apply. where the president is absent from the united republic, or is unable to discharge the functions of his office for any other reason, the duties and functions of the president shall be discharged by one of the following, in the order specified, that is to say — the vice-president or, if his office is vacant or if he also is absent or is ill; then the prime minister. where the prime minister is discharging the duties and functions of the office of president by reason that the vice president is absent, then the prime minister shall cease to discharge such duties and functions if any of the following events occurs first the president returns in the united republic or, his condition improves and reassumes the discharge of the duties and functions of the president; or the vice president returns in the united republic. where the office of president becomes vacant by reason of the death of the president, his resignation, loss of the electoral qualifications or inability to perform his functions due to physical infirmity, or failure to discharge the duties and functions of the office of president, then the vice-president shall be sworn in and become the president for the unexpired period of the term of five years and in accordance with the conditions set out in article 40, then after consultation with the political party to which he belongs, the president shall propose the name of the person who shall be vice-president and such appointment shall be confirmed by the national assembly by votes of not less than fifty percentum of all members of parliament. it is hereby declared that the office of president shall not be deemed to be vacant and the president shall not be deemed to be absent from the united republic or is unable to discharge his duties if he is— absent from the town which is the seat of government of the united republic; absent from the united republic for a period of twenty four hours; or ill but hopes to be better after a short period. where any of the situations specified in subarticle (6) occurs, and the president deems it appropriate to delegate his powers for the duration of any such situation, then he may give directions in writing for the appointment of any of the persons mentioned in paragraph (a) or (b) of subarticle (3) of this article for the purposes of discharging the functions of the office of president and the person so appointed shall discharge those functions of the office of president in accordance with the terms specified by the president; save that the terms specified in this article shall be understood to derogate or prejudice the power of the president under any other law to diminish his functions to any other person in accordance with any other law. the president may direct in writing, if in his opinion it is desirable so, to do, any minister to discharge any functions of president as may be specified and the minister so directed shall by virtue of the provisions of this subarticle have the power to discharge those functions in accordance with any directions given by president, notwithstanding the provisions of any other law: provided that— the president shall not have authority to delegate to a minister in accordance with the provisions of this subarticle any function of the office of president conferred on him by any law arising from the terms of any treaty to which the united republic is a party if by law the president is not authorised to delegate such function to any other person; it is hereby declared that directions given by the president under the provisions of this subarticle directing any minister to discharge any function of the office of president shall not be deemed to prevent the president from discharging such function himself. for the purposes of clarity of the provisions of this article— a cabinet meeting held for the purpose of submitting to the chief justice a resolution concerning the state of health of the president shall be deemed to be valid notwithstanding that any member of the cabinet is absent or that his position is vacant and it shall be deemed that the cabinet has passed that resolution provided that it is supported by the majority vote of members attending and voting; the president shall not be deemed as being absent from the united republic by reason only of the fact that he is in passage from one part of tanzania to another through a foreign country, or for the reason that he has given directions in accordance with the provisions of subarticle (7) and those directions have not been rescinded. notwithstanding the preceding provisions set out in this article, a person discharging the functions of the office of president under this article shall not have power to dissolve parliament, to remove any of the ministers from office or to revoke any appointment made by the president. if any person discharging the functions of the office of president in accordance with the provisions of this article is a member of parliament, he shall not forfeit his seat in the national assembly or be disqualified for election as member of parliament by reason only of his discharging the functions of president. 38. election of president the president shall be elected by the citizen in accordance with the provisions of this constitution and in accordance with the law enacted by parliament pursuant to the provisions of this constitution, making provisions concerning the election of the president. subject to the other provisions of this constitution, the office of president shall be vacant and the election of the president shall be held or that vacancy shall be filled otherwise in accordance with this constitution, as the case may be, upon the occurrence of any of the following events— the dissolution of parliament; the resignation of the president without first dissolving parliament; the disqualification of the president from holding elective office; the impeachment of the president by the national assembly in accordance with this constitution and his removal from office; certification pursuant to the provisions of article 37 of this constitution that the president is unable to discharge his duties and functions; the death of the president. the office of president shall not be deemed to be vacant by reason only that the national assembly has passed a motion of no confidence in the prime minister. 39. qualifications for election as president a person shall not be entitled to be elected to hold the office of president of the united republic save only if— he is a citizen of the united republic by birth in terms of the citizenship law; he has attained the age of forty years; he is a member of, and a candidate nominated by, a political party; he is qualified to be a member of parliament or a member of the house of representatives; within the period of five years before the general elections, he has not been convicted by any court for any offence relating to evasion to pay any tax due to the govemment. without prejudice to any person’s right and freedom of expression to hold his own views, to profess a religious faith of his choice, to associate with others and to participate with others in community work in accordance with the laws of the land, no person shall be qualified to be elected to hold the office of president of the united republic unless he is a member of, and a candidate proposed by, a political party. 40. eligibility for re-election subject to the other provisions of this article, any person who holds office as president shall be eligible for re-election to that office. no person shall be elected more than twice to hold the office of president. a person who has been president of zanzibar shall not be disqualified from being elected president of the united republic for the reason only that he has once held office as president of zanzibar. where the vice-president holds the office of president in accordance with the provisions of article 37(5) for less than three years, he shall be eligible to contest for the office of president for two terms, but where he occupies the office of president for three years or more, he shall be eligible to contest for the office of president for one term only. 41. procedure for the election of president where parliament has been dissolved or where any of the events specified in subarticle (2) of article 38 have occurred and it becomes necessary to hold an election of the president, every political party wishing to participate in the election of president shall submit to the electoral commission, in accordance with the law, the name of one of its members whom it proposes as a candidate to contest the election for the president of the united republic and the name of another member of the party whom it proposes for the office of vice-president. the names of the candidates proposed for the presidential election shall be submitted to the electoral commission on a date and time appointed in accordance with a law enacted by parliament, and a person shall not be validly nominated save only if his nomination is supported by such number of voters and in such manner as shall be prescribed by an act of parliament. if on the date and time appointed for the purpose of submission of the names of the candidates proposed only one candidate is validly nominated, the electoral commission shall present such candidate’s name to the people, who shall vote either for or against him in accordance with the provisions of this article and an act enacted by parliament. the election of the president of the united republic shall be held on a date to be appointed by the electoral commission in accordance with an act of parliament. all other matters concerning the procedures for the election of the president, shall be as provided for in a law enacted by parliament in that behalf. any candidate contesting for the office of president shall be declared duly elected president only if he has obtained more than half of all the valid votes cast or, where a second ballot is held for the reason that no candidate obtained more than half of all the valid votes, if he obtains either more than half of all valid votes cast or more votes than any of the other candidates. when a candidate is declared by the electoral commission to have been duly elected in accordance with this article, then no court of law shall have any power to inquire into the election of that candidate. 42. time of assumption and term of office of president the president-elect shall assume office of president as soon as possible after it is declared that he has been elected president, but in any event he shall assume office before the expiration of not more than seven days. unless he sooner resigns or dies, the person elected as president, subject to the provisions contained in subarticle (3), shall hold the office of president for a period of five years from the date on which he was elected president. a person elected president shall hold the office of president until— the day his successor in office takes the oath of office; or the day he dies while in office; or the day he resigns from office; or he ceases to hold the office of president in accordance with the provisions of this constitution. if the united republic is at war and the president considers that it is not practicable to hold elections, the national assembly may from time to time, pass a resolution extending the period of five years specified in subarticle (2) of this article save that no such extension shall exceed a period of six months at any one time. every president-elect and every person acting in the office of president shall, before assuming the functions of the office of president, take and subscribe, in the presence of the chief justice of the united republic, the oath of allegiance and such other oath for the execution of the functions of the office of president as may be prescribed by an act of parliament. 43. terms of office of president the president shall be paid such salary and other remuneration, and on retirement he shall receive such pension, gratuity or allowances, as may be determined by the national assembly, and the salary, other remuneration, pension, and that gratuity shall all be charged on the consolidated fund of the united republic and shall be paid in accordance with the provisions of this article. the salary and all other payments due to the president shall not be reduced while he is in office in accordance with the provisions of this constitution. 44. power to declare war subject to this constitution or to any act of parliament providing in that behalf, the president may declare the existence of a state of war between the united republic and any other country. after making the declaration, the president shall transmit a copy of such declaration to the speaker of the national assembly who, after consultation with the leader of government business in the national assembly, shall within fourteen days from the date of the declaration, convene a meeting of the national assembly to deliberate on the prevailing situation and to consider whether or not to pass a resolution in support of the declaration of war made by the president. 45. prerogative of mercy subject to the other provisions contained in this article, the president may do any of the following: grant a pardon to any person convicted by a court of law of any offence, and he may grant such pardon unconditionally or on conditions, subject to law; grant any person a respite, either indefinitely or for a specified period, of the execution of any punishment imposed on that person for any offence; substitute a less severe form of punishment for any punishment imposed on any person for any offence; and remit the whole or part of any punishment imposed on any person for any offence, or remit the whole or part of any penalty of fine or forfeiture of property belonging to a convicted person which would otherwise be due to the government of the united republic on account of any offence. parliament may enact legislation making provision for the procedure to be followed by the president in the exercise of his powers under this article. the provisions of this article shall apply to persons convicted and punished in tanzania zanzibar and to punishments imposed in tanzania zanzibar under legislation enacted by parliament which applies to tanzania zanzibar, likewise such provisions shall apply to persons convicted and punished in mainland tanzania in accordance with law. 46. immunity from criminal and civil proceedings during the president’s tenure of office in accordance with this constitution it shall be prohibited to institute or continue in court any criminal proceedings whatsoever against him. during the president’s tenure of office in accordance with this constitution, no civil proceedings against him shall be instituted in court in respect of anything done or not done, or purporting to have been done or not done, by him in his personal capacity as an ordinary citizen whether before or after he assumed the office of president, unless at least thirty days before the proceedings are instituted in court, notice of claim in writing has been delivered to him or sent to him pursuant to the procedure prescribed by an act of parliament, stating the nature of such proceedings, the cause of action, the name, residential address of the claimant and the relief which he claims. except where he ceases to hold the office of president pursuant to the provisions of article 46a(10) it shall be prohibited to institute in court criminal or civil proceedings whatsoever against a person who was holding the office of president after he ceases to hold such office for anything he did in his capacity as president while he held the office of president in accordance with this constitution. 46a. impeachment by the national assembly notwithstanding the provisions of article 46 of this constitution the national assembly may pass a resolution to remove the president from office if a motion to impeach the president is moved and passed in accordance with the provisions of this article. subject to the other provisions of this article, no motion to impeach the president shall be moved save only if it is alleged that the president— has committed acts which generally violate the constitution or the law concerning the ethics of public leaders; has committed acts which contravene the conditions concerning the registration of political parties specified in article 20(2) of this constitution; or has conducted himself in a manner which lowers the esteem of the office of president of the united republic, and no such motion shall be moved within twenty months from the time when a similar motion was previously moved and rejected by the national assembly. the national assembly shall not pass a motion to impeach the president save only if— a written notice signed and supported by not less the twenty per cent of all the member of parliament is submitted to the speaker thirty days prior to the sitting at which such motion is intended to be moved in the national assembly, specifying the wrong committed by the president and proposing that a special committee of inquiry be constituted to inquire into the charges brought against the president. at any time after the speaker receives the notice duly signed by the member of parliament and satisfies himself that the provisions of the constitution for the moving of the motion have been complied with, to vote on the motion to constitute a special committee of inquiry, and if it is supported by not less than two thirds of all the member of parliament, the speaker shall announce the names of the member of the special committee of inquiry the special committee of inquiry for the purpose of this article shall consist of the following members, that is to say— the chief justice of the united republic who shall be the chairman of the committee; the chief justice of tanzania zanzibar; and seven members appointed by the speaker in accordance with the standing orders of the national assembly and taking into account the proportional representation amongst the political parties represented in the national assembly. in the event that the national assembly passes the motion to constitute a special committee of inquiry, the president shall be deemed to be out of office, and the duties and functions of the office of president shall be discharged in accordance with the provisions of article 37(3) of this constitution until the speaker shall inform the president about the resolution of the national assembly in connection with the charges brought against him. within seven days after the special committee of inquiry is constituted, it shall sit, inquire into and analyse the charges preferred against the president, including affording the president the opportunity to be heard in his defence in accordance with the procedure prescribed by the standing orders of the national assembly. as soon as possible and in any event within a period of not more than ninety days, the special committee of inquiry shall submit its report to the speaker. after the speaker receives the report of the special committee of inquiry, the report shall be tabled before the national assembly in accordance with the procedure prescribed by the standing orders of the national assembly. after the report of the special committee of inquiry is submitted pursuant to subarticle (8) the national assembly shall discuss the report and shall afford the president the opportunity to be heard, and then by the votes of not less than two thirds majority of all the members of parliament, the national assembly shall pass a resolution either that the charges against the president have been proved and that he is unworthy of continuing to hold the office of president, or that the charges have not been proved. in the event the national assembly passes a resolution that the charges against the president have been proved and that he is unworthy of continuing to hold the office of president, the speaker shall inform the president and the chairman of the electoral commission about such resolution of the national assembly, whereupon the president shall be obliged to resign before the expiry of three days from the day the national assembly passed the resolution. in the event the president ceases to hold the office of president by reason of the charges against him being proved he shall not be entitled to receive any payment by way of pension or to receive any benefits or other privileges which he has under the constitution or any other law enacted by parliament. 46b. duty of principal leaders of organs with executive power to preserve union without prejudice to the duty of every citizen which is mentioned in article 28 this constitution, the principal executive leaders of the organs vested with executive powers in the united republic mentioned in article 4 of this constitution act no. 12 shall be duty bound, each of them in the exercise of the powers conferred on him by this constitution or the constitution of zanzibar 1984, to ensure that he protects, strengthens and preserves the integrity of the united republic. for the purposes of the provisions of subarticle (1), each of the principal leaders of the organs vested with executive powers of the united republic shall, before assuming office in accordance with this constitution, take oath to defend and preserve the integrity of the united republic in accordance with this constitution. the principal leaders to whom the provisions of this article apply are: the president of the united republic; the vice-president of the united republic; the president of zanzibar; and the prime minister of the united republic. part ii. vice-president 47. vice-president his duties and powers there shall be a vice-president, who shall be the principal assistant to the president in respect of all the matters in the united republic generally and, in particular, shall— assist the president in making a follow-up on the day-to-day implementation of union matters; perform all duties assigned to him by the president; and perform all duties and functions of the office of president when the president is out of office or out of the country. without prejudice to the provisions of article 37 (5), the vice-president shall be elected in the same election together with the president, after being nominated by his party at the same time as the presidential candidate and being voted for together on the same ticket. when the presidential candidate is elected the vice-president shall have been elected. a person shall be nominated to contest for the office of vice-president on the basis of the principle that where the president of the united republic hails from one part of the united republic, then the vice-president shall be a person who hails from the other part of the union. a person shall not be nominated to contest for the office of vice-president of the united republic, save only if— he is a citizen of the united by birth republic in accordance with the citizenship law; he has attained the age of forty; he is a member of, and a candidate nominated by, a political party; he is qualified to be a member of parliament or a member of the house of representatives; and within the period of five years before the elections he has not been convicted by any court for any offence relating to evasion to pay any tax due to the government.. any party shall not be prevented from nominating any person to contest for the office of vice-president for the reason only that such person is at that time holding the office of president of zanzibar or the office of prime minister of the united republic. the vice-president shall not at the same time be a member of parliament, prime minister of the united republic, or president of zanzibar. where a person who is prime minister, or president of zanzibar is appointed or elected to be vice-president of the united republic he shall cease to hold the office of prime minister or president of zanzibar, as the case may be. the vice-president shall perform his duties under the direction and supervision of the president and shall provide leadership and be answerable to the president in respect of any matters or functions assigned to him by the president. 48. time of assumption of office of the vice-president the vice-president shall assume the office of vice-president on the same day the president assumes office. the vice-president appointed in accordance with article 50 (4) shall take oath and assume his office after his appointment is confirmed by the national assembly. 49. oath of office of the vice-president the vice-president shall, before assuming office, make and subscribe before the chief justice of the united republic the oath of allegiance and such other oath concerning the due discharge of the function of his office as may be prescribed by act of parliament. 50. tenure of office of vice-president unless he sooner resigns or dies, a person elected or appointed in accordance with article 37(5), to be vice-president, shall, subject to the other provisions of this article, hold office for a period of five years from the day he is elected vice-president. the vice-president shall hold office until— his tenure of office expires; he dies while in office; he resigns; he is sworn in as president after the office of president falls vacant; he is convicted of any criminal offence disclosing lack of honesty or loyalty; when another president is sworn in to hold the office of president together with his vice-president; he is removed from office following his impeachment by the national assembly in accordance with the provisions of subarticle (3) of this article; he otherwise ceases to hold the office of vice-president in accordance with the provisions of this constitution. the national assembly shall have the same power to remove the vice-president from office as it has in relation to the president save that any motion to impeach the vice-president shall be moved before the national assembly only if it is alleged that— the president has submitted a certificate to the speaker stating that the vice-president has ceased or failed to discharge the duties and functions of the office of vice-president; he has committed acts which generally violate the constitution or the law concerning the ethics of public leaders; he has committed acts which contravene the conditions concerning the registration of political parties specified in article 20(2) of the constitution; he has conducted himself in a manner that lowers the esteem of the office of president of the united republic or the office of vice-president. and no such motion shall be moved within twelve months from the time when a similar motion was previously moved and rejected by the national assembly. in the event that the office of vice-president is vacant pursuant to the relevant provisions subarticle (2) or (3) of this article as soon as possible and in any event within a period not exceeding fourteen days after the vice-president has ceased to hold his office, the president shall appoint a person who shall be the vice-president and such appointment shall be confirmed by the national assembly by a majority vote of the members of parliament. all other provisions of article 46a of the constitution shall apply also in relation to the vice-president save only that a vice-president who has been removed from office under subarticle (3) shall no longer qualify to hold the office of president, vice-president, prime minister or president of zanzibar. part iii. prime minister, cabinet and the government section 1. prime minister 51. prime minister of the united republic there shall be a prime minister of the united republic who shall be appointed by the president in accordance with the provisions of this article and who, before assuming his office, shall take and subscribe before the president such oath of office of prime minister as may be prescribed by parliament. as soon as possible, and in any event within fourteen days after assuming his office, the president shall appoint a member of parliament elected from a constituency from a political party having a majority of members of parliament in the national assembly or, if no political party has a majority, who appears to have the support of the majority of the members of parliament, to be prime minister of the united republic, and he shall not assume office until his appointment is first confirmed by a resolution of the national assembly supported by a majority vote of members of parliament. subject to the other provisions of this constitution, the prime minister shall hold the office of prime minister until— the day the president-elect takes his oath of office; or the day he dies while in office; the day he resigns; or the day the president appoints another member of parliament to hold the office of prime minister; or he ceases to hold the office of prime minister in accordance with the other provisions of this constitution. 52. functions and authority of the prime minister the prime minister shall have authority over the control, supervision and execution of the day-to-day functions and affairs of the government of the united republic. the prime minister shall be the leader of government business in the national assembly. in the exercise of his authority, the prime minister shall perform or cause to be performed any matter or matters which the president directs to be done. 53. accountability of the executive subject to the provisions of this constitution, the prime minister shall be accountable to the president for the exercise of his authority. the executive of the united republic, under the authority of the president, shall be the organ having the power to determine the policy of the government in general, and ministers under the leadership of the prime minister, shall be collectively responsible in the national assembly for the execution of the affairs of the government of the united republic. 53a. vote of no confidence notwithstanding the provisions of article 51 of this constitution, the national assembly may pass a vote of no confidence in the prime minister if a motion proposing in that behalf is moved and passed in accordance with the provisions of this article. subject to the other provisions of this article, any motion for a vote of no confidence in the prime minister shall not be moved in the national assembly if— either it has no relation with the discharge of the responsibilities of the prime minister in accordance with article 52 of the constitution) or there are no allegations that the prime minister has contravened the law concerning the ethics of public leaders; six months have not lapsed since he was appointed; nine months have not lapsed since a similar motion was moved in and rejected by the national assembly. a motion for a vote of no confidence in the prime minister shall not be passed by the national assembly save only if: a written notice, signed and supported by not less than twenty percentum of all the members of parliament is submitted to the speaker, at least fourteen days prior to the day on which the motion is intended to be moved before the national assembly; the speaker satisfies himself that the provisions of the constitution governing the moving of the motion have been complied with. a motion which satisfies the provisions of this article shall be moved before the national assembly as soon as possible in accordance with the standing orders of the national assembly. a motion for a vote of no confidence in the prime minister shall be passed only if it is supported by a majority of the members of parliament. in the event the motion for a vote of no confidence in the prime minister is supported by a majority of the members of parliament, the speaker shall submit the resolution to the president, and as soon as possible and in any event within two days from the day the national assembly passed the vote of no confidence in the prime minister, the prime minister shall be required to resign, and the president shall appoint another member of parliament to be prime minister. section 2. cabinet and government 54. cabinet there shall be a cabinet the members of which shall be the vice-president, the prime minister, the president of zanzibar, and all the ministers. the president shall attend the meetings of the cabinet and shall preside over those meetings. in the event the president is absent, the meetings shall be presided over by the vice-president, and if both the president and the vice-president are absent, the prime minister shall preside over the meetings. subject to the provisions contained in article 37(1) of this constitution the cabinet shall be the principal organ for advising the president regarding all matters concerning the exercise of his powers in accordance with the provisions of this constitution, and it shall assist and advise the president over any matter which shall be submitted to the cabinet pursuant to specific or general directions issued by the president. the attorney general shall attend all the meetings of the cabinet and shall have all the rights of a member of those meetings save that he shall not have the right to vote at such meetings. the question whether any advice, and if so, what advice was given by the cabinet to the president, shall not be inquired into in any court. 55. appointment of ministers and deputy ministers all ministers who are members of the cabinet by virtue of article 54 shall be appointed by the president after consultation with the prime minister, and they shall be responsible for such offices as the president may, from time to time, by writing under his hand and the public seal, establish. in addition to the ministers referred to in subarticle (1) the president may, after consultation with the prime minister, appoint deputy ministers. all deputy ministers shall not be members of the cabinet. the president may appoint any number of deputy ministers who shall assist ministers in the discharge of their duties and functions. all ministers and deputy ministers shall be appointed from among members of parliament. notwithstanding the provisions of subarticle (4), in the event that the president is obliged to appoint a minister or a deputy minister after dissolution of parliament then he may appoint any person who was a member of parliament before parliament was dissolved. 56. oath of office of ministers and deputy ministers a minister or a deputy minister shall not assume his office until he has first taken and subscribed, before the president, the oath of allegiance and such other oath for the discharge of the duties of his office as may be prescribed by a law enacted by parliament. 57. tenure of office of ministers and deputy ministers the tenure of office of a minister, or a deputy minister shall commence on the date he is appointed to hold that office. the office of a minister or a deputy minister shall become vacant upon the occurrence of any of the following: if the incumbent resigns or dies; where the incumbent ceases to be a member of parliament for any reason not connected with the dissolution of parliament; where the president revokes the appointment thereby removing the incumbent from office; where he is elected speaker; where the prime minister resigns or his office becomes vacant for any other reason; immediately before the president elect assumes office; where the ethics tribunal makes a decision confirming that he has contravened the law concerning ethics of public leaders. 58. terms of office of ministers and deputy ministers ministers and deputy ministers shall hold office during the pleasure of the president, and shall be paid a salary, allowances and other remuneration in accordance with a law enacted by parliament. 59. attorney general for the government of the united republic there shall be an attorney general for the government of the united republic, who in the subsequent articles of this constitution, shall simply be referred to as the “attorney general” who shall be appointed by the president. the attorney general shall be appointed from amongst public officers qualified to perform functions of advocate or, persons who are qualified to be registered as advocates and, has continuously held those qualifications for a period of not less than ten years. the attorney general shall be the adviser of the government of the united republic on legal matters and for that purpose shall be responsible for advising the government of the united republic on all legal matters, and to discharge any other functions pertaining to or connected with law which are referred to or assigned to him by the president and also to discharge such other duties or functions which shall be entrusted to him by this constitution or by any law. in the discharge of his duties and functions in accordance with this article, the attorney general shall be entitled to appear and be heard in all courts in the united republic. the attorney general shall be a member of parliament by virtue of his office, and he shall hold office until— his appointment is revoked by the president; or immediately before the president-elect assumes the office of president and he shall be paid a salary, allowances and other remuneration in accordance with a law enacted by parliament. 59a. deputy attorney general there shall be a deputy attorney general of the united republic, who shall be appointed by the president from amongst persons with qualifications specified in subarticle (2) of article 59, and has continuously held those qualifications for a period of not less than ten years. the deputy attorney general shall be the principal assistant in the discharge of duties and functions of the attorney general and shall discharge other duties and functions as may be assigned by the attorney general. 59b. director of public prosecutions there shall be a director of public prosecutions who shall be appointed by the president from amongst persons with qualifications specified in subarticle (2) of article 59 and has continuously held those qualifications for a period of not less than ten years. the director of public prosecutions shall have powers to institute, prosecute and supervise all criminal prosecutions in the country. the powers of the director of public prosecutions under subarticle (2), may be exercised by him in person or on his directions, by officers under him, or any other officers who discharge these duties under his instructions. in exercising his powers, the director of public prosecutions shall be free, shall not be interfered with by any person or with any authority and shall have regard to the following the need to dispensing justice; prevention of misuse of procedures for dispensing justice; public interest. the director of public prosecutions shall exercise his powers as may be prescribed by any law enacted or to be enacted by the parliament. 60. secretary to the cabinet there shall be a secretary to the cabinet who shall be the chief executive officer in the office of the cabinet, and he shall discharge the following functions, in compliance with the general or specific directions issued to him by the president, that is to say: to work out a programme for cabinet meetings and prepare the agenda for each meeting; to record minutes and maintain a record of cabinet meetings; to notify and explain the decision of the cabinet to every person or public institution concerned with any such decision; and to discharge any other duties and functions as shall be directed from time to time by the president. 61. regional commissioners there shall be a regional commissioner for each region within the united republic who, subject to subarticle (3), shall be a leader in the government of the united republic. regional commissioners in mainland tanzania shall be appointed by the president, after consultation with the prime minister. regional commissioners in tanzania zanzibar shall be appointed by the president of zanzibar, after consultation with the president. without prejudice to the provisions of subarticle (5), every regional commissioner shall have the duty to supervise the discharge of all the duties and functions of the government of the united republic in the region assigned to him and for that purpose, he shall discharge all duties and functions specified by or under any written law as being functions of a regional commissioner, and shall exercise all such powers specified by any law enacted by parliament. in addition to his duties and functions specified in the preceding provisions of this article, a regional commissioner for any region in tanzania zanzibar shall discharge the duties and functions of the revolutionary government of zanzibar which shall be assigned to him by the president of zanzibar and in accordance with the constitution of zanzibar, 1984, or any law enacted by the house of representatives. chapter 3. the legislature of the united republic part i. parliament 62. parliament there shall be a parliament of the united republic which shall consist of two parts, that is to say, the president and the national assembly. the national assembly shall consist of all categories of members specified in article 66 of this constitution, who shall all be designated as members of parliament. whenever any matter requires to be decided or done by both parts of parliament in accordance with the provisions of this constitution, or of any other law, then that matter shall not be deemed to have been duly decided or done unless it is decided or done by the members of parliament and also by the president in accordance with their respective authority in relation to that matter. 63. authority of parliament the president as one part of parliament shall exercise all the authority vested in him by this constitution for that purpose. the second part of parliament shall be the principal organ of the united republic which shall have the authority on behalf of the people to oversee and advise the government of the united republic and all its organs in the discharge of their respective responsibilities in accordance with this constitution. for the purposes of discharging its functions the national assembly may— put any question to any minister concerning public affairs in the united republic which are within his responsibility; debate the performance of each ministry during the annual budget session of the national assembly; deliberate upon and authorize any long or short term plan which is intended to be implemented in the united republic and enact a law to regulate the implementation of that plan; enact legislation where implementation requires legislation; deliberate upon and ratify all treaties and agreements to which the united republic is party and the provisions of which require ratification. 64. legislative power legislative power in relation to all union matters and also in relation to all other matters concerning mainland tanzania is hereby vested in parliament. legislative power in tanzania zanzibar over all matters which are not union matters is hereby vested in the house of representatives. where any law enacted by the house of representatives concerns any matter in tanzania zanzibar which is within the legislative jurisdiction of parliament, that law shall be null and void, and likewise if any law enacted by parliament concerns any matter which is within the legislative jurisdiction of the house of representatives that law shall be null and void. any law enacted by parliament concerning any matter shall not apply to tanzania zanzibar save in accordance with the following provisions: such law shall have expressly stated that it shall apply to mainland tanzania as well as to tanzania zanzibar or it replaces, amends or repeals a law which is in operation in tanzania zanzibar; such law replaces, or amends or repeals a law which was previously in operation in mainland tanzania and also in operation in tanzania zanzibar pursuant to the articles of the union of tanganyika and zanzibar, or pursuant to any law which expressly stated that it shall apply to mainland tanzania as well as tanzania zanzibar; or such law relates to union matters; and whenever reference is made to the term “tanzania” in any law, it is hereby declared that such law shall apply in the united republic in accordance with the interpretation contained in the provisions of this article. without prejudice to the application of the constitution of zanzibar in accordance with this constitution concerning all matters pertaining to tanzania zanzibar which are not union matters, this constitution shall have the force of law in the whole of the united republic, and in the event any other law conflicts with the provisions contained in this constitution, the constitution shall prevail and that other law, to the extent of the inconsistency with the constitution, shall be void. 65. life of parliament subject to the other provisions of this constitution, the life of each parliament shall be five years. for the purposes of this constitution the expression “life of parliament” means that whole period commencing from the date the new parliament was first summoned after a general election and ending on the date of dissolution of that parliament for the purpose of enabling the holding of another ordinary general election. part ii. members, constituencies and election of members section 1. members of the national assembly 66. members of parliament subject to the other provisions of this article, there shall be the following categories of members of parliament, that is to say:— members elected to represent constituencies; women members being not less than thirty percentum of all the members mentioned in paragraphs (a), (c), (d), (e) and (f) with qualifications mentioned in article 67 elected by the political parties in accordance with article 78, on the basis of proportion of votes; five members elected by the house of representatives from among its members; the attorney general; not more than ten members appointed by the president from amongst persons with qualifications specified under paragraphs (a) and (c) of subarticle (1) of article 67 and, at least five members amongst them shall be women; the speaker, if he is not elected from amongst the members. the president and the vice-president shall each not be a member of parliament. where a regional commissioner is elected a member of parliament representing a constituency or where a member of parliament representing a constituency is appointed a regional conunissioner, the national assembly shall be deemed to consist of the requisite number of members and its proceedings shall be valid notwithstanding that the ordinary total number of members in terms of this article shall have been reduced by reason of such election of the regional commissioner or such appointment of a constituency member. 67. qualifications for member of parliament subject to the provisions contained in this article, any person shall be qualified for election or appointment as a member of parliament if he is a citizen of the united republic who has attained the age of twenty-one years and who can read and write in kiswahili or english; and is a member and a candidate proposed by a political party. such person possesses or has voluntarily acquired citizenship of any other countrysuch person possesses or voluntarily acquires the citizenship of any other country; in accordance with a law applicable in the united republic it has been formally certified that such person is of unsound mind; such person has been convicted by any court in the united republic and sentenced to death or to a term of imprisonment exceeding six months for any offence however styled involving dishonesty; within a period of five years preceding the date of a general election such person has been convicted and sentenced to imprisonment for an offence involving dishonesty or for contravening the law concerning ethics of public leaders; without prejudice to a person's right and freedom to hold his own views, to profess a religious faith of his choice, to associate with others and to participate in community work in accordance with the laws of the land, no person shall be qualified to be elected to the office of president of the united republic if he is not a member of, and a candidate proposed by, a political party; such person has an interest in any government contract of any kind in respect of which special restrictions are prescribed by act of parliament and he has contravened such restrictions; such person holds a senior office in the service of the government of the united republic, not being an office of which the president may or is required to appoint a member of parliament in accordance with this constitution or a law enacted by parliament; or in accordance with a law enacted by parliament dealing with offences concerning election of any kind such person has been disqualified from registering as a voter or from voting in a parliamentary election. a person shall not be competent to contest for election as a constituency member of parliament at any general election if he is at the same time contesting for election to the office of president, nor shall he be competent to contest for election as a member of parliament at any by-election if he is president. parliament may enact a law making provisions disqualifying a person from being elected member of parliament representing a constituency if such person holds an office whose functions involve the conduct of, or supervision over, the election of members of parliament or the registration of voters for the elections of members of parliament; save that such law shall not make provision disqualifying the speaker from being elected member of parliament representing a constituency nor make provisions which cause a person elected speaker to vacate that office of speaker or his ordinary seat as member of parliament. parliament may enact a law for the purpose of making provisions for the disqualification of a person from being elected a member of parliament representing a constituency for any period, to be specified by parliament (save that such period shall not exceed five years) if such person shall be convicted by a court for any type of offences, in connection with the election of members of parliament, as specified in that law. for the purposes of giving opportunity to appeal according to law to any person who has been formally certified to be of unsound mind, or convicted and sentenced to death or imprisonment, or convicted for any offence specified under the law in terms of subarticle (5) of this article, parliament may enact law providing that such judgment being appealed against by that person shall have no effect for the purposes of the provisions of subarticle (2) or (5) of this article until the expiration of the period to be specified in such legislation. the following rules shall apply for the purposes of interpreting paragraphs (c), (d) and (e) of subarticle (2) of this article, that is to saywhere a person has been awarded two or more prison sentences to run consecutively, such sentences shall be regarded to be separate provided that each of the sentences does not exceed six months; but if the period specified in any of the sentences exceeds six months, such sentences shall be regarded as one sentence; if a person is sentenced to imprisonment where he could otherwise have been sentenced to a fine, or where the sentence of imprisonment is imposed for failure to pay a fine or ordered, such period of imprisonment shall not be taken into account. in paragraph (f) of subarticle (2) of this article "government contract" means any contractual agreement in which one of the parties is the govemment of the united republic, or the revolutionary govemment of zanzibar or any department of that government or any officer of the government who has taken part on behalf of the government. [subarticles (9), (10), (11) and (12) are repealed by act no. 4 of 1992 art.19(d)] for the purposes of interpretation of the qualifications for election contained in the following articles whenever it is stated in this constitution that the implementation of any matter requires a person who has the qualification for election, or a person who has not been disqualified from election, then unless the context requires otherwise, it shall be understood that the qualifications concerned or those which enable a person to be elected a member representing a constituency as provided in subarticle (1) of this article. 68. oath of members of parliament every member of parliament shall be required to take and subscribe before the national assembly the oath of allegiance before commencing to take part in the business of the national assembly save that he may take part in the election of speaker before taking that oath. 69. formal declaration by members of parliament concerning ethics of leaders every member of parliament shall be required before the expiration of thirty days since taking oath as memberment of parliament to submit to the speaker two copies of a formal declaration that he has not lost the qualifications for election in terms of paragraph (d) of subarticle (2) of article 67. the formal declaration required to be submitted to the speaker shall be made on a special form prescribed in accordance with a law enacted by parliament. the speaker shall transmit to the ethics commissioner a copy of every formal declaration submitted to him in accordance with the provisions of this article. in this article and in articles 70 and 84 “the ethics commissioner” means the commissioner appointed to head the ethics secretariat referred to in article 132 of this constitution. 70. members to submit statement of property every member of parliament shall be required to submit to the speaker two copies of a formal statement regarding his property and the property of his spouse. the statement shall be made on a special form prescribed by a law enacted by parliament and shall be submitted from time to time as shall be directed by such law. the speaker shall transmit to the ethics commissioner, a copy of every formal statement submitted to him in accordance with the provisions of this article. parliament may enact legislation for the purposes of making provisions designed for the protection of the statement of property submitted by a member of parliament in accordance with the provisions of this article and to ensure that persons unauthorized or not concerned do not get the opportunity to see the statement of property or to know its contents. 71. tenure of office of member of parliament a member of parliament shall cease to be member of parliament and shall vacate his seat in the national assembly upon the occurrence of any of the following matters: where anything happens which, had he not been a member of parliament, would have disqualified him from election, or would make him lose the qualifications for election, or would disqualify him from election or appointment in accordance with the provisions of this constitution; where such member of parliament is elected president; where a member of parliament fails to attend three consecutive meetings of the national assembly without the permission of the speaker; where it is established that he has contravened the provisions of the law concerning the ethics of public leaders; where a member of parliament ceases to be a member of the party to which he belonged when he was elected or appointed to be a member of parliament; where a member of parliament is elected or appointed vice-president; in the case of a member of parliament who is required to submit a formal statement of property in accordance with the provisions of article 70, if he fails to make such formal statement in accordance with the provisions of that article within the period prescribed for that purpose by a law enacted by parliament, but where a member of parliament does not cease to be a member of parliament on account of any of those matters mentioned and if he does not sooner resign or die, then he shall continue to hold office as member of parliament until the next general election. parliament may enact a law for the purpose of making provisions enabling a member of parliament to appeal according to law, against a decision which confirms that he is a person of unsound mind, or against a sentence of death or imprisonment or against conviction for an offence of the type referred to in the provisions of subarticle (5) of article 67 of this constitution, and that law may provide that the decision appealed against by the member of parliament shall have no effect in law until the expiration of the period prescribed in that law. 72. cessation of employment of civil servants on contesting for election where any person holding office in the service of the government which office is of the type mentioned in article 67(2)(g) decides— to contest for election to the office of president or any other office under this constitution; or to contest for leadership at any level in a political party contrary to the terms of employment, the employment of such person shall be considered to have ceased from the date of his becoming a candidate or of contesting for leadership in the political party. 73. terms of service of members of parliament all members of parliament of all categories shall hold office in accordance with this constitution, and shall be paid a salary, allowances and other remuneration in accordance with a law enacted by parliament. section 2. electoral commission 74. electoral commission there shall be an electoral commission of the united republic which shall consist of the following members to be appointed by the president: a chairman who shall be a judge of the high court or a justice of the court of appeal, who shall be a person with qualifications to be an advocate and has held those qualifications for a period of not less than fifteen years; a vice-chairman who shall be a person who holds, had held or is capable of holding an office of judge of the high court or a justice of the court of appeal; other members to be specified by a law enacted by parliament. the president shall appoint the vice-chairman of the electoral commission on the basis of the principle that where the chairman hails from one part of the union, the vice-chairman shall be a person who hails from the other part of the union. the following persons shall not be eligible for appointment as members of the electoral commission, that is to say a minister or deputy minister; a person holding any kind of office specified by a law enacted by parliament prohibiting a persons holding such office to be appointed a member of electoral commission; a member of parliament, a councilor or other persons holding the kind of office specified by a law enacted by parliament in terms of the provisions of paragraph (g) of subarticle (2) of article 67 of this constitution; and a leader of any political party. subject to the other provisions of this article, a member of the electoral commission shall cease to be a member whenever any of the following occurs upon the expiration of five years since his appointment; or where anything happens which, had he not been a member of the commission, would have made him ineligible for appointment to be a member of the commission. the president may remove a member of the electoral commission from office only for failing to discharge his functions either due to illness or any other reason or due to misconduct or loss of the qualifications for being a member. the responsibilities of the electoral commission shall be: to supervise and co-ordinate the registration of voters in presidential and parliamentary elections in the united republic; to supervise and co-ordinate the conduct of the presidential and parliamentary election; to review the boundaries and demarcate the united republic into various areas for the purposes of parliamentary elections; to supervise and co-ordinate the registration of voters and the conduct of the election of councilors; to perform any other functions in accordance with a law enacted by parliament. for the better carrying out of its functions, the electoral commission shall be an autonomous department, and its chief executive shall be the director of elections, who shall be appointed and shall discharge duties in accordance with a law enacted by parliament. parliament may enact a law providing for the procedure for supervising the election of members of parliament representing constituencies. the electoral commission may discharge its functions notwithstanding that there is a vacancy among its membership or that one of its members is absent, provided that every decision of the commission must be supported by a majority of all the members of the commission. parliament may enact a law providing for the procedure of appointing delegates to supervise elections of constituency members of parliament and, subject to the provisions of any law or the directions of the electoral commission, the powers of the electoral commission to supervise the elections may be exercised by such delegates. in discharging its functions in accordance with the provisions of this constitution, the electoral commission shall not be obliged to comply with orders or directions of any person or any government department or the views of any political party. no court shall have power to inquire into anything done by the electoral commission in the discharge of its functions in accordance with the provisions of this constitution. in the discharge of its functions in accordance with this constitution, the electoral commission of the united republic shall, from time to time, consult with the electoral commission of tanzania zanzibar. it is hereby prohibited for persons concerned with the conduct of elections to join any political party, save only that each of them shall have the right to vote as provided for under article 5 of this constitution. for the purposes of subarticle (14) the persons concerned with the conduct of elections are: the chairman of the electoral commission; the vice-chairman of the electoral commission; all the members of the electoral commission; the director of elections together with all other employees of the electoral commission; and all supervisors of elections in all towns and districts. section 3. constituencies 75. constituencies subject to the other provisions of this article, the united republic shall be demarcated into constituencies of such number and in such manner as shall be determined by the electoral commission after obtaining the consent of the president. subject to any relevant law, the electoral commission shall have the power to demarcate the boundaries of constituencies after obtaining the consent of the president. in demarcating the boundaries of constituencies, the electoral commission shall take due account of the availability of means of communication and also the geographical conditions of the area intended for demarcation into constituencies. subject to the provisions of this constitution and any law concerning the demarcation of the country into constituencies, the electoral commission may, from time to time and at least after every ten years review the demarcation of the united republic into constituencies and may alter the constituencies as a result of that review or as a result of a census conducted in the united republic. if after a review of the demarcation of the united republic into constituencies alterations are made in the constituencies, or in the number of the members of parliament representing constituencies or in the number of constituencies or the number of members of parliament, then the resultant alteration in the number of members of parliament representing those constituencies shall take effect when parliament is dissolved again following the occurrence of the alteration in the number of constituencies or in the number of members of parliament representing constituencies. notwithstanding the other provisions of this article, no court shall have power to inquire into anything done by the electoral commission in its discharge of the function of demarcating the united republic into constituencies. section 4. election and appointment of members of parliament 76. elections in constituencies after every dissolution of parliament there shall be held an election of a member of parliament in every constituency. likewise there shall be held an election of a member of parliament in a constituency whenever the seat of any member of parliament representing that constituency falls vacant for any reason not connected with the dissolution of parliament. notwithstanding the preceding provisions of this article, it is hereby declared that where the date for dissolution of parliament has been proclaimed or is known on account of the events specified in subarticle (3) of article 90, then no such election shall take place during the whole period 77. procedure for election members of parliament representing constituencies members of parliament representing constituencies shall be elected by the people in accordance with the provisions of this constitution and also the provisions of a law enacted by parliament pursuant to this constitution to regulate the election of members of parliament representing constituencies. save where the electoral commission, in accordance with the provisions of this constitution or of a law enacted by parliament in that behalf directs otherwise, there shall be elected only one member of parliament in a constituency. candidates for election to a constituency shall be required to fulfil the following conditions: they shall be proposed, one each, by a political party taking part in the election in that constituency; and they shall have submitted their names to the electoral commission in accordance with the procedure laid down by a law enacted by parliament or procedures prescribed by the electoral commission in accordance with law. 78. procedure for election of women members of parliament for the purposes of the election of women members of parliament mentioned in article 66(1) (b), political parties which took part in the general election in accordance with the procedure laid down and obtained at least five percentum of the total valid voters for parliamentary election, shall propose to the electoral commission the names of women on the basis of the proportion of votes obtained by each party in the parliamentary election. notwithstanding the provisions of subarticle (1), the following votes shall be counted as valid votes for the unopposed member of parliament in the constituent where a political party has nominated a presidential candidate, presidential votes cast in the constituency for a presidential candidate from that political party; where a political party has not nominated a presidential candidate, fifty one percentum of the votes of the total voters registered in the respective constituency. the names of the persons proposed to the electoral commission in accordance with subarticle (1) shall be declared to be the results of the election after the commission is satisfied that the relevant provisions of the constitution and of other legislation have been complied with. the list of names for women candidates submitted to the electoral commission by each political party for general election shall be the list to be applied by the election commission after consultation of the party concerned, for purpose of filling any vacancy of members of parliament of this category whenever during the life of parliament. 79. procedure for election of members by house of representatives the house of representatives shall prescribe the procedures which it shall follow for the purposes of the election of members of parliament mentioned in article 66(1) (c) of this constitution. [repealed by act no. 4 of 1992 section 27]. 81. procedure for proposing women candidates subject to the other provisions of this constitution, the electoral commission may make provisions specifying the procedure to be followed by the political parties for the purposes of electing and proposing the names of the kind of members of parliament provided for under article 66(1) (b). [repealed by act no. 4 of 1992 section 29]. 83. determination of the validity of a person’s membership of parliament every proceeding for the purposes of determining the question whether— the election or appointment of any person to be member of parliament was valid or not; or a member of parliament has ceased to be a member of parliament and his seat in the national assembly is act vacant, or not, shall, subject to the provisions of subarticle (2) of this article, first be instituted and heard in the high court of the united republic. where the electoral commission, in the discharge of its functions in accordance with the provisions of article 41(3) of this constitution has declared any member of parliament to have been elected president, then no court or any other body shall inquire further into any question concerning the seat of that member of parliament being vacant. parliament may enact legislation providing for the following matters: persons who may institute proceedings in the high court seeking for determination of any question in accordance with the provisions of this article; the grounds and times for instituting such proceedings, procedure for instituting proceedings and conditions which have to be fulfilled in respect of every such proceeding; and prescribing the powers of the high court over such proceedings and specifying the procedure for the hearing of the matter itself. there shall be a right of appeal to the court of appeal of tanzania against a decision of the high court in any matter which was heard in accordance with the provisions of this article. part iii. procedure, powers and privileges of parliament section 1. speaker and deputy speaker 84. speaker and his functions there shall be a speaker of the national assembly who shall be elected by the members of parliament from among persons who are members of parliament or who are qualified to be members of parliament; he shall be the leader of the national assembly and shall represent the national assembly in all other institutions and meetings outside the national assembly. a minister, a deputy minister or a person holding any other office prescribed by a law enacted by parliament for the purposes of this article may not be elected speaker. any person elected speaker shall be required, before the expiration of fifteen days of his election, to submit to the president a formal declaration that he has not lost the qualifications for election in terms of the provisions of paragraph (d) of subarticle (2) of article 67. the declaration shall be made in a special form prescribed in accordance with a law enacted by parliament. the president shall transmit to the ethics commissioner a copy of every formal declaration submitted to him in accordance with the provisions of subarticle (3) of this article. the speaker shall be required to submit to the president two copies of a formal statement regarding his property and that of his spouse. the speaker shall submit such statement in a special form prescribed for that purpose in accordance with a law enacted by parliament, and shall submit such statement from time to time as shall be directed by that law. the provisions of subarticles (2) and (3) of article 70 shall apply, mutatis mutandis, to any statement regarding property submitted by the speaker in accordance with the provisions of this article. the speaker shall cease to be speaker and shall vacate his office upon the occurrence of any of the following events: where that person was elected from among members of parliament, he ceases to be a member of parliament for any reason other than the dissolution of parliament; or if anything happens which, had he not been speaker, would disqualify such person from election, or make him lose the qualifications for being elected speaker; or when the national assembly meets for the first time after a general election held following the dissolution of parliament, provided that the provisions of this paragraph shall operate subject to the provisions of subarticle (4) of article 90 of this constitution; or if that person is removed from the office of speaker by a resolution of the national assembly supported by not less than two-thirds of all members of parliament; or if that person fails to submit to the president a formal declaration in accordance with the provisions of subarticle (3) of this article; or if that person is convicted of the offence of perjury contrary to the provisions of the penal code concerning any formal declaration submitted in accordance with the provisions of subarticle (3) of this article; or if that person fails to submit to the president a statement regarding his property in accordance with subarticle (5) of this article before the expiration of the period stipulated for that purpose in accordance with a law enacted by parliament; or if it is proved that that person has contravened the provisions of the law concerning the ethics of public leaders. no business, other than the election of the speaker, shall be conducted in the national assembly while the office of speaker is vacant. any person, not being a member of parliament, who is elected speaker shall be required, before commencing to discharge the functions of his office, to take and subscribe the oath of allegiance before the national assembly. 85. deputy speaker there shall be a deputy speaker of the national assembly who shall be elected by members from among members of parliament. a minister, a deputy minister or a person holding any other office prescribed by a law enacted by parliament for the purpose of this article, may not be elected deputy speaker. members of parliament shall elect a deputy speaker on the following occasions: when the national assembly meets for the first time following a general election, or as soon as possible thereafter; and at the first sitting of the national assembly after the office of deputy speaker falls vacant for any reason not connected with the dissolution of parliament; or as soon as possible after that sitting. the deputy speaker shall cease to be deputy speaker and shall vacate the office of deputy speaker upon the occurrence of any of the following events: if that person ceases to be a member of parliament; or if anything happens which, had he not been deputy speaker, would have disqualified him from election or would make him lose the qualifications for being elected deputy speaker; or if that person is removed from the office of deputy speaker by a resolution of the national assembly. 86. procedure for electing speaker and deputy speaker there shall be held an election of the speaker at the first sitting of the first meeting of a new parliament, and at any first sitting of the national assembly immediately after the occurrence of a vacancy in the office of speaker. there shall be held an election of the deputy speaker at any time during the first meeting of the new parliament, which time shall be appointed by the national assembly, and during the first sitting of the national assembly immediately after the office of deputy speaker falls vacant. the election of a speaker as well as that of deputy speaker shall be by secret ballot and shall be conducted in accordance with the procedure prescribed by the standing orders of the national assembly. section 2. office of parliament 87. clerk of the national assembly there shall be a clerk of the national assembly who shall be appointed by the president from among persons holding high office in the service of the union government. the clerk of the national assembly shall be the chief executive in the office of the national assembly, and shall be responsible for the efficient discharge of the business of parliament in conformity with the provisions of this constitution and of the relevant law. 88. the secretariat of the national assembly there shall be a secretariat of the national assembly which shall consist of such number of offices within the service of the government as the president may direct. the secretariat of the national assembly shall consist of officers of such number and grades as may be determined from time to time by the relevant service commission after consultation with the clerk of the national assembly. the secretariat of the national assembly, under the leadership of the clerk of the national assembly, shall discharge all duties and functions prescribed or as may be necessary for the purpose of ensuring the efficient discharge by the national assembly and members of parliament of the functions of parliament under this constitution. section 3. procedure in the national assembly 89. standing orders of the national subject to the provisions of this constitution, the national assembly may make assembly standing orders for the purpose of prescribing procedure for the conduct of its business. standing orders made pursuant to this article may prescribe procedure for the supervision of the discharge of the functions of the secretariat of the national assembly and also of the discharge of the business of the national assembly in the national assembly and those of its committees and sub-committees. 90. summoning and dissolution of parliament after a general election, the president shall summon a new parliament to meet before the expiration of seven days following the declaration of the results of the general election in all constituencies save in those constituencies where the elections are countermanded and commenced afresh. the president shall not have power to dissolve parliament at any time save only— if the life of parliament has expired in terms of article 65 of the constitution or at any time within the last twelve months of the life of parliament, save only if the speaker receives a formal notice under article 46a of this constitution proposing the formation of a special committee of inquiry with a view to impeaching the president; if the national assembly refuses to approve a budget proposed by the government; if parliament fails to pass a bill in terms of the provisions of article 97(4); if the national assembly declines to pass a motion which is of fundamental importance to government policies and the president considers that the way out is not to appoint another prime minister but to call for a general election; or if having regard to the proportional representation of political parties in the national assembly the president considers that it is no longer legitimate for the government in power to continue in office, and it is not feasible to form a new government. upon the expiration of the life of parliament, parliament shall stand dissolved: save that if the life of parliament expires at any time when the united republic is at war, the national assembly may, from time to time, extend the period mentioned in article 65 of this constitution for a period not exceeding twelve months each time; provided that the life of parliament shall not be extended under the provisions of this subarticle for a period of more than five years. if an emergency arises or exists which, in the opinion of the president, necessitates the summoning of a parliament at a time when parliament stands dissolved, and the majority of results in the general election following the dissolution have not been declared, the president may, by proclamation, summon parliament and direct that the speaker and all the persons who were the members of parliament immediately before the dissolution of parliament attend such meeting of parliament and such persons together with the speaker shall be deemed to be the members of the national assembly for the purposes of that meeting and shall be so deemed until midnight of the day the majority of the results of the general election are declared. 91. president may address parliament the president shall address the new parliament at its first meeting and inaugurate it. subject to the provisions of subarticle (1), the president may, at any time, address the national assembly or send to the house a communication which shall be read by a minister. 92. meetings of the national assembly the national assembly shall hold its meetings at the place where it is customary to hold such meetings or at any other place in the united republic as the president may designate in that behalf. the first meeting of the national assembly in the life of parliament shall commence on the day for which national assembly is summoned to meet, and every subsequent meeting shall commence on such date as may be specified by the national assembly or on any day that shall be appointed in accordance with the standing orders of the national assembly. the president may at any time summon a meeting of the national assembly. 93. presiding at sittings of the national assembly every sitting of the national assembly shall be presided over by any one of the following persons, that is to say— the speaker; or if the speaker is absent, the deputy speaker; or if both the speaker and the deputy speaker are absent, any member of parliament who has been elected for that purpose, but a minister or a deputy minister or a person holding any other type of office specified by any law enacted by parliament for the purpose of this article may not be elected under the provisions of this paragraph. 94. quorum at of the sittings national assembly the quorum at every sitting of the national assembly shall be half of all the members of parliament. except where it is provided otherwise in this constitution, every question proposed for decision in the national assembly shall be determined by a majority of the votes of the members of parliament present and voting. the speaker, deputy speaker or any other person presiding over the sitting of the national assembly shall not have a deliberative vote but shall have a casting vote in the event of an equality of votes. the standing orders of the national assembly may provide that any member of parliament who votes on any matter in which he has a personal interest shall be deemed not to have voted. 95. vacant seats in the national assembly the national assembly may conduct business during its sittings notwithstanding any vacant seat in the national assembly (whether the seat became vacant since or after the first meeting following the general election) and if in such business any person who is not entitled takes part or if during that business any person who is not entitled is present, then the participation or presence of that person shall not invalidate the business. 96. standing committees of the national assembly the national assembly may establish various standing committees as it may deem appropriate for the better discharge of its functions. the standing orders of the national assembly may provide for the composition and functions of the standing committees established pursuant to the provisions of this article. section 4. legislative procedure 97. how to legislate subject to the provisions contained in this constitution, the national assembly shall exercise its legislative power through the process of debating and passing bills which eventually shall have to be assented to by the president, and a bill shall not become law unless it is so passed by the national assembly and assented to by the president in accordance with the provisions of this article. after a bill is presented to the president for his assent, the president may either assent to the bill or withhold his assent, and in the event the president withholds his assent to a bill, he shall return it to the national assembly together with a statement of his reasons for withholding his assent to the bill. after a bill is returned to the national assembly pursuant to the provisions of this article, it shall not be presented again to the president for his assent before the expiration of six months since it was so returned, except if at the last stage in the national assembly before it is again presented to the president it is supported by the votes of not less than two-thirds of all the members of parliament. if a bill is returned to the national assembly by the president, and it is then supported in the national assembly by not less than two-thirds of all members of parliament as provided in subarticle (3) and it is presented a second time to the president for assent within six months of its being so returned, then the president shall be obliged to assent to the bill within twenty-one days of its being presented to him, otherwise he shall have to dissolve parliament. the provisions contained in this article or in article 64 of this constitution shall not prevent parliament from enacting laws making provisions conferring on any person or department of government the power to make regulations having the force of law or conferring the force of law on any regulations made by any person, or any department of government. 98. procedure for altering constitution and certain laws parliament may enact legislation for altering any provision of this constitution in accordance with the following principles: a bill for an act to alter any provisions of this constitution (other than those relating to paragraph (b) of this subarticle) or any provisions of any law specified in list one of the second schedule to this constitution shall be supported by the votes of not less than two-thirds of all the members of parliament; a bill for an act to alter any provisions of this constitution or any provisions of any law relating to any of the matters specified in list two of the second schedule to this constitution shall be passed only if it is supported by the votes of not less than two-thirds of all members of parliament from mainland tanzania and not less than two-thirds of all members of parliament from tanzania zanzibar. for the purposes of construing the provisions of subarticle (1), alteration of provisions of this constitution or the provisions of a law shall be understood to include modification, or correction of those provisions or repeal and replacement of those provisions or the reenactment or modification of the application of the provisions. 99. procedure for legislation in financial matters the national assembly shall not deal with any of the matters to which this article relates except if the president has proposed that the matter be dealt with by the national assembly and the proposal has been submitted to the national assembly by a minister. the matters to which this article relate are the following: a bill to enact a law providing for any of the following— to levy a tax or to alter taxation otherwise than by reduction; the imposition of any charge upon the consolidated fund or any other public fund or the alteration of any such charge otherwise than by reduction; the payment, issue or withdrawal from the consolidated fund or any other public fund of any moneys not charged thereon, or any increase in the amount of such payment, issue or withdrawal; the composition or remission of any debt due or payable to the united republic; a motion or any amendment of a motion for the purposes of any of the matters referred to in paragraph (a) of this subarticle. the provisions of this article shall not apply to a bill or any amendment to a bill introduced by or a motion or an amendment to a motion moved by a minister or a deputy minister. section 5. powers and privileges of parliament 100. freedom and immunity from proceedings there shall be freedom of opinion, debate and in the national assembly, and that freedom shall not be breached or questioned by any organ in the united republic or in any court or elsewhere outside the national assembly. subject to this constitution or to the provisions of any other relevant law, a member of parliament shall not be prosecuted and no civil proceedings may be instituted against him in a court in relation to any thing which he has said or done in the national assembly or has submitted to the national assembly by way of a petition, bill, motion or otherwise. 101. preservation and enforcement of freedom of debate and procedure parliament may enact a law making provisions to enable the court and the law to preserve and enforce freedom of opinion, debate and procedure of business in the national assembly which in terms of article 100 is guaranteed by this constitution. chapter 4. the revolutionary government of zanzibar, the zanzibar revolutionary council and the house of representatives of zanzibar part i. the revolutionary government of zanzibar and the president of zanzibar 102. the revolutionary government of zanzibar and its jurisdiction there shall be an executive for zanzibar which shall government be known as “the revolutionary government of zanzibar” which shall have authority in zanzibar over all matters which are not union matters in accordance with the provisions of this constitution. subject to the provisions contained in this and the following articles in this chapter of this constitution the revolutionary government of zanzibar shall be constituted and shall exercise its authority in accordance with the provisions of this constitution and the constitution of zanzibar, 1984. 103. head of the revolutionary government of zanzibar and his authority there shall be a head of the executive for zanzibar who shall be the president of zanzibar and head of the revolutionary government of zanzibar and also the chairman of the, zanzibar revolutionary council. the head of the revolutionary government of zanzibar shall, before assuming office, subscribe the oath before the chief justice of zanzibar to protect and defend the constitution of the united republic and any other oath in accordance with the constitution of zanzibar in connection with the execution of his duties, and then shall assume office and discharge those functions in accordance with the provisions of this constitution and the constitution of zanzibar, 1984. in addition to his other powers, the head of the revolutionary government of zanzibar shall have the power to appoint and assign responsibilities to ministers and deputy ministers of the revolutionary government of zanzibar. 104. election of the head of the revolutionary government of zanzibar the head of the revolutionary government of zanzibar shall be elected by the people in tanzania zanzibar in accordance with the provisions of the constitution of zanzibar, 1984, and in accordance with the procedure prescribed by legislation enacted by the house of representatives of zanzibar which relates to the election in general or to the election of the head of the revolutionary government of zanzibar. subject to the other provisions of this constitution, the office of the head of the revolutionary government of zanzibar shall be vacant, and the election of the head of the revolutionary government of zanzibar shall be held to fill the vacancy upon the occurrence of any of the following events: the dissolution of the house of representatives; the resignation of the head of the revolutionary government of zanzibar without first dissolving the house of representatives; the disqualification of the head of the revolutionary government of zanzibar from holding an elective office; the impeachment of the head of the revolutionary government of zanzibar by the house of representatives in accordance with the constitution of zanzibar, 1984, and his removal from office; the certification pursuant to the constitution of zanzibar, 1984, that the head of the revolutionary government of zanzibar is unable to discharge his duties and functions; or the death of the head of the revolutionary government of zanzibar. part ii. the zanzibar revolutionary council 105. the zanzibar revolutionary council and its functions there shall be a zanzibar revolutionary council which shall consist of the following members: the chairman of the revolutionary council; the chief minister of the revolutionary government of zanzibar; all ministers of the revolutionary government of zanzibar; and other members to be appointed by the chairman of the revolutionary council in accordance with the provisions of the constitution of zanzibar, 1984. without prejudice to the powers of the chairman of the revolutionary council as head of the revolutionary government of zanzibar, the revolutionary council shall be the principal organ for advising the head of the revolutionary government of zanzibar regarding all matters concerning the exercise of his functions of leadership and supervision over the affairs of the executive for zanzibar and also in the discharge of his functions over all affairs of government concerning all matters which are not union matters in accordance with the provisions of this constitution and those of the constitution of zanzibar, 1984. part iii. the house of representatives of zanzibar 106. the house of representatives of zanzibar, and its legislative functions there shall be a house of representatives of zanzibar. the house of representatives shall comprise two parts: one part shall consist of members of the house elected or appointed in accordance with the provisions of the constitution of zanzibar, 1984, and who shall be referred to as representatives; the other part of the house of representatives shall be the head of the revolutionary government of zanzibar in the exercise of his functions pursuant to the provisions of this constitution and the provisions of the constitution of zanzibar, 1984. whenever pursuant to the provisions of this constitution, the provisions of the constitution of zanzibar, 1984, or the provisions of any law enacted and in force in zanzibar, any matter requires to be decided or done by both parts of the house of representatives, then that matter shall not be deemed to have been duly decided and done unless it is decided or done by the members of the house of representatives and also by the head of the revolutionary government of zanzibar, in accordance with their respective authority in relation to that matter. all legislative authority in zanzibar over all matters which are not union matters is hereby vested in the house of representatives of zanzibar. 107. authority of house of representatives the president of zanzibar as one part of the house of representatives of zanzibar shall exercise the authority vested in him by this constitution and also by the constitution of zanzibar, 1984 for that purpose. the members of the house of representatives as the second part of the house of representatives shall be the principal organ for tanzania zanzibar which shall have authority on behalf of the people in tanzania zanzibar to oversee and advise the revolutionary govemment of zanzibar and all its organs in the discharge of their respective responsibilities in accordance with this constitution and the constitution of zanzibar, 1984. for purposes of discharging its functions, the house of representatives may put to any minister of the revolutionary government of zanzibar any question concerning public affairs in tanzania zanzibar which are within his responsibility; debate on the performance of each ministry of the revolutionary government of zanzibar during the annual budget session of the house of representatives; deliberate upon and authorize any long or short term plan which is intended to be implemented in tanzania zanzibar and enact a law to regulate the implementation of that plan; enact legislation where implementation requires legislation; and prepare or direct preparation and submission to any political party a report concerning any matter that is under the authority of the parliament. chapter 5. dispensation of justice in the united republic, the high court of the united republic, the judicial service comission for mainland tanzania, the high court of zanzibar, the court of appeal of the united republic and special constitutional court of the united republic part i. despensation of justice in the united republic 107a. authority of dispensing justice the judiciary shall be the authority with final decision in dispensation of justice in the united republic of tanzania. in delivering decisions in matters of civil and criminal matters in accordance with the laws, the court shall observe the following principles, that is to say impartiality to all without due regard to ones social or economic status; not to delay dispensation of justice without reasonable ground; to award reasonable compensation to victims of wrong doings committed by other persons, and in accordance with the relevant law enacted by the parliament; to promote and enhance dispute resolution among persons involved in the disputes. to dispense justice without being tied up with technicalities 107b. independence of the judiciary in exercising the powers of dispensing justice, all courts shall have freedom and shall be required only to observe the provisions of the constitution and those of the laws of the land. part ii. the high court of the united republic 108. high court of the united republic and its jurisdiction there shall be a high court of the united republic (to be referred to in short as “the high court”) the jurisdiction of which shall be as specified in this constitution or in any other law. where this constitution or any other law does not expressly provide that any specified matter shall first be heard by a court specified for that purpose, then the high court shall have jurisdiction to hear every matter of such type. similarly, the high court shall have jurisdiction to deal with any matter which, according to legal traditions obtaining in tanzania, is ordinarily dealt with by a high court provided that; the provisions of this subarticle shall apply without prejudice to the jurisdiction of the court of appeal of tanzania as provided for in this constitution or in any other law. 109. judges of the high court and their appointment there shall be a principal judge of the high court (who in the following provisions of this constitution shall be referred to as the "principal judge") and other judges of the high court who shall be not less than thirty who shall be appointed by the president after consultation with the judicial service commission. subject to the provisions of this constitution or any other law concerning the powers of the chief justice who is referred to in article 118, the principal judge shall be the special assistant to the chief justice in the administration of the high court and of all the other courts subordinate to it, and in the discharge of the functions of that office, the principal judge shall perform such functions and duties as he may, from time to time, be instructed or directed by the chief justice and, for the purposes of this article, the principal judge shall also be known as the head of the high court. in addition to his ordinary powers as a judge of the high court, the principal judge shall also have power to perform all such duties and functions related to the jurisdiction of the high court which, in accordance with the provisions of this constitution or any other law, or the legal traditions applicable, are matters which are required to be performed by the head of the high court: provided that the provisions of this subarticle shall not apply in relation to the discharge of duties or functions which, in terms of the provisions of this constitution or of any other law or in accordance with legal traditions applicable in tanzania are expressly stated or are deemed to be the duties or functions required to be performed only by the chief justice. for the avoidance of doubt in relation to the interpretation or application of the provisions of subarticles (2) and (3), of this article, it is hereby declared that except where this constitution or any other law provides otherwise, the chief justice may, from time to time, give to the principal judge directions or instruction concerning the discharge of his duties and functions as head of the high court. likewise the chief justice may delegate to the principal judge some of his administrative and supervisory powers in relation to the discharge of functions in the high court and in all other courts subordinate to it, and whenever necessary the chief justice may himself discharge directly any of the functions so delegated to the principal judge. the office of judge of the high court shall not be abolished while there is a person holding that office. subject to the provisions of subarticle (8) of this article a person may only be appointed judge of the high court if he has special qualifications as defined in subarticle (7) of this article, and has held one of those special qualifications for a period of not less than ten years. for the purposes of construing subarticles (6), (8) and (10) of this article "special qualifications" means a person who holds a degree in law from a university recognized by the accreditation authority in tanzania, and has been a magistrate; has held an office in the public service while possessing qualifications of attorney or has been a private advocate; possess qualifications for enrolment as an advocate and, has possessed those qualifications continuously for a period of not less than ten years. where the president is satisfied that a person holding one of the special qualifications has not held that qualification for a period of not less than ten years, but that that person has the ability, knowledge and in every respect is suitable for appointment as judge of the high court, and there are reasons which make such person deserve to be so appointed, then the president may dispense with the requirement that such person shall have held the special qualifications for a period of not less than ten years, and may after consultation with the judicial service commission, appoint that person judge of the high court. in the event that the office of principal judge falls vacant or that the principal judge is for any reason unable to perform the functions of his office, then, those functions shall be performed by one of the judges who shall be appointed by the president for that purpose and that judge so appointed shall perform those functions until a new principal judge is appointed and assumes the office of principal judge, or until the principal judge who was unable to perform his functions resumes office. in the event that the office of any judge falls vacant or that any judge is appointed acting principal judge or is for any reason unable to perform the functions of his office, or if the chief justice advises the president that the state of business then obtaining in the high court requires the appointment of an acting judge, the president may, after consulting the chief justice in the usual manner appoint an acting judge from amongst persons holding the special qualifications: provided that a person shall not be deemed to be disqualified from appointment in accordance with the provisions of this subarticle for the reason only that he has attained the age specified in subarticle (1) of article 110 of this constitution; for the purpose of appointing an acting judge in accordance with the provisions of this subarticle, the president may dispense with the requirement of holding the special qualifications for a period of ten years for the same reasons as those set out in subarticle (8) of this article. any person appointed acting judge pursuant to the provisions of subarticle (10) of this article shall continue to hold the office of acting judge for any period so specified in his appointment or if no period is specified, until his appointment is revoked by the president, but notwithstanding that his term of office has expired or that his appointment has been revoked, that person may continue to perform functions as acting judge until he has completed the preparation and delivery of a decision or until he completes any other business connected with matters which he had started hearing before his term of office expired or before his appointment was revoked. 110. tenure of office of judges of the high court every judge of the high court shall vacate his office on attaining the age of sixty years, but the provisions of this subarticle shall apply subject to the subsequent provisions of this article. any judge of the high court may retire from office in the service of the united republic at any time on attaining the age of fifty five years, except where the president directs that he should not retire from office, and if the president so directs, then the judge to whom the directions of the president relate shall not retire from office until the expiry of the period specified by the president for that purpose. in the event that the president considers it to be in the public interest that a judge who has attained sixty years of age continue in office, and the judge agrees in writing to continue in office, then the president may direct that the judge continue in office for any period which may be specified by the president. notwithstanding that a judge has attained the age at which he is required by the provisions of this article to vacate office, a person who was holding the office of judge of the high court may continue to perform the functions of that office after attaining that age until he completes the preparation and delivery of the decision or until he completes any other business in connection with matters which he had started hearing before attaining that age. 110a. procedures relating to discipline of judges of the high court the procedure for dealing with discipline of judges, for reasons other than those specified in subarticle (2) shall be as prescribed under the law to be enacted by the parliament. a judge of the high court may be removed from office only for inability to perform the functions of his office (either due to illness or to any other reason) or for behaviour inconsistent with the ethics of office of judge or with the law concerning the ethics of public leaders and he shall not be so removed except in accordance with the provisions of subarticle (4) of this article. where the president considers that the question of the removal of a judge from office needs to be investigated, then the procedure shall be as follows: the president shall after consultation with the chief justice, suspend that judge from office; the president shall appoint a tribunal which shall consist of a chairman and not less than two other members. the chairman and with at least half of other members of the special tribunal must be persons who are judges of the high court or justices of appeal in any country within the commonwealth; the tribunal shall investigate the matter and make a report to the president, advising on the whole matter, and shall advise him whether or not the judge concerned should be removed from office in accordance with the provisions of this article on the grounds of inability to perform his functions due to illness or any other reason or on grounds of misbehaviour. if the tribunal appointed in accordance with the provisions of subarticle (3) advises the president that the judge the subject of investigation by the special tribunal be removed from office on grounds of inability to perform functions due to illness or any other reason or on grounds of misbehaviour, then the president shall remove the judge from office and the employment of that judge shall cease. if the question of removing a judge from office has been referred to a tribunal for investigation pursuant to the provisions of subarticle (3) of this article, the president may suspend the judge concerned from duty, and the president may at any time rescind the decision to suspend such judge, and in any case such decision shall lapse if the tribunal advises the president that the judge be not removed from office. the provisions of this article shall be without prejudice to the provisions of subarticle (11) of article 109 of this constitution. 111. judges’ oath of office a judge of the high court shall not assume the functions of his office until he has first taken and subscribed the oath of allegiance and also such other oath concerning the discharge of his duties as may be prescribed in accordance with a law enacted by parliament. part iii. the judicial service commission 112. judicial service commission there shall be an appointments advisory commission for judges and magistrates in mainland tanzania which in this constitution shall be known as the "judicial service commission". members of the commission shall be the chief justice who shall be the chairman; the attorney general; a justice of the court of appeal of tanzania who shall be appointed in that behalf by the president after consultation with the chief justice; the principal judge; and two members who shall be appointed by the president. a person shall not qualify to be appointed member of the commission under the provisions of paragraph (e) of subarticle (2) of this article, if he is a member of parliament or the holder of any other office prescribed in that behalf by a law enacted by parliament. in discharging its functions, the commission may delegate its duties to various committees to be established in accordance with law enacted by parliament. 113. powers and functions of the commission the functions of the commission shall be to advise the president regarding appointments of the judges of the high court; to advise the president on matters relating to discipline of judges; to advice the president in relation to salaries and remuneration for judge; to advise the president in respect of appointment and discipline for registrar of the court of appeal and the registrar of the high court; to appoint magistrates and control their discipline; to establish various committees for purposes of implementation of its functions. the powers of appointment, control of discipline and removal of judges from office shall vest in the president in accordance with the provisions of this constitution. powers of appointments, confirmation, disciplinary and removal of registrars of the court of appeal and the high court shall vest in the president. powers of appointment, confirmation, disciplinary and removal of magistrates of courts in mainland tanzania shall vest in the commission mentioned in article 112. the parliament may enact a law which shall make provisions relating to implementation of the functions by the commission. 113a. membership in political parties it is hereby prohibited for a justice of appeal, a judge of the high court, a registrar of any grade or a magistrate of any grade to join any political party save only that he shall have the right to vote which is specified in article 5 of this constitution. part iv. the high court of zanzibar 114. the high court of zanzibar for the purposes of construing the provisions of this chapter of this constitution, it is hereby declared that the provisions contained in this chapter do not prevent the continuance or establishment, in accordance with the law applicable in zanzibar, of the high court of zanzibar or courts subordinate to it. 115. jurisdiction of the high court of zanzibar subject to articles 83 and 116 of this constitution, the jurisdiction of the high court of zanzibar shall be as specified in the laws applicable in zanzibar. subject to the provisions of this constitution or of any other law enacted by parliament, where any law enacted by parliament and which is applicable in mainland tanzania and also in tanzania zanzibar vests any power in the high court, then the high court of zanzibar may exercise that power concurrently with the high court of the united republic. part v. the court of appeal of the united republic 116. interpretation subject to the provisions of subarticle (2), the chief justice shall have no power over any matter concerning the structure and administration of the day-to-day business of the courts established in accordance with the constitution of zanzibar, 1984, or any law of tanzania zanzibar. the chief justice shall from time to time consult with the chief justice of zanzibar concerning the administration of the business of the court of appeal in general, and also concerning the appointment of justices of appeal. 117. court of appeal of the united republic and its jurisdiction there shall be a court of appeal of the united republic of the (to be referred to in short as “the court of appeal”) which shall have the jurisdiction of the court of appeal as provided in this constitution or any other law. the court of appeal shall not have any jurisdiction in arbitration of any matter which is to be dealt with in accordance with the provisions of article 126 of this constitution concerning a dispute between the government of the united republic and the revolutionary government of zanzibar. the functions of the court of appeal shall be to hear and determine every appeal brought before it arising from the judgment or other decision of the high court or of a magistrate with extended jurisdiction. a law enacted in accordance with the provisions of this constitution by parliament or by the house of representatives of zanzibar may make provisions stipulating procedure for lodging appeals in the court of appeal, the time and grounds for lodging the appeals, and the manner in which such appeals shall be dealt with. 118. justice of appeal and their appointment there shall be a chief justice of the court of appeal (who in the subsequent articles of this constitution shall be referred to in short as "the chief justice") and not less than four other justices of appeal; save that a full bench of the court of appeal shall consist of not less than five justices of appeal. the chief justice shall be appointed by the president from amongst persons who possess qualifications to be appointed as a justice of appeal and shall be the head of the court of appeal and of the judiciary as defined in article 116 of this constitution and shall hold the office of a chief justice until he attains the retirement age of the justice of appeal, except if he resigns; or his office becomes vacant on grounds of illness or death; or he is removed from the post of the chief justice by president. the other justices of appeal shall be appointed by the president after consultation with the chief justice, from amongst persons who qualify to be appointed judges of the high court of the united republic as provided for in article 109 of this constitution, or from amongst persons who qualify to be appointed judges of the high court of zanzibar in accordance with the laws applicable in zanzibar and have possessed such qualifications for a period of not less than fifteen years. whenever the office of chief justice is vacant, or the chief justice is absent from tanzania; or the chief justice, for any reason, fails to discharge his duties, and if, in the duration of any of these three events the president considers it appropriate to appoint an acting chief justice, then the president may appoint an acting chief justice from among justices of appeal. the acting justice of appeal shall perform the duties of the chief justice until another chief justice is appointed or until the chief justice who was absent from tanzania or was unable to discharge his duties resumes duty. in the event that an office of justice of appeal is vacant or that any justice of appeal is appointed acting chief justice or if the justice of appeal is for any reason unable to exercise of his office, or if the chief justice advises the president that the state of business then obtaining in the court of appeal requires the appointment of an acting justice of appeal, then the president may, after consultation with the chief justice, appoint an acting justice of appeal from amongst persons holding qualifications for appointment as justice of appeal in accordance with the provisions of subarticle (4) of this article. any person appointed acting justice of appeal shall continue to hold the office of acting justice of appeal for any period specified at the time of his appointment, until his appointment is revoked by the president, but not withstanding that the period of appointment has expired or that the appointment has been revoked, such person may continue to work as acting justice of appeal for as long as may be necessary to enable him to prepare and deliver judgment or to do any other thing in relation to appeals or any other proceedings which were commenced before him prior to the expiration of such period, or the revocation of his appointment. for the avoidance of doubt over the construction of the provisions of subarticle (1) of article 119 of this constitution, it is hereby declared that a person appointed an acting justice of appeal shall have full power of a justice of appeal and shall discharge all duties of justices of appeal, and that the quorum of justice of appeal mentioned in article 122 of this constitution shall not be invalid on ground only that one or more than one justice of appeal at any sitting is an acting justice of appeal. the office of justice of appeal shall not be abolished while there is a person holding the office of the justice of appeal. 119. jurisdiction of justices of appeal no justice of appeal of shall have jurisdiction to hear any matter in the high court or in any magistrates’ court of any grade: provided that where a judge of the high court is appointed justice of appeal he may, notwithstanding such appointment, discharge his functions in the high court until he completes the preparation and delivery of the decision or until he completes any other business in connection with matters which he had started hearing before his appointment as a justice of appeal, and for that purpose it shall be lawful for him to deliver judgment or any other decision concerned in the exercise of the jurisdiction he had before he was appointed justice of appeal; provided that where ultimately that judgment or decision is challenged by way of appeal to the court of appeal, then in such circumstances that justice of appeal shall not have jurisdiction to hear that appeal. 120. tenure of office of justices of appeal every justice of appeal shall vacate his office upon attaining the age of sixty-five, but the provisions of this subarticle shall apply subject to the subsequent provisions of this article. any justice of appeal may vacate office in the service of the united republic at any time on attaining the age of sixty five years except where the president directs that he should not vacate office, and if the president so directs, then the justice to whom the directions of the president relate shall not vacate office until the expiry of the period specified by the president for that purpose. in the event that the president considers it to be in the public interest that a justice of appeal who has attained sixty-five years of age continue in office, and the justice of appeal agrees in writing to continue in office, then the president may direct that the justice of appeal continue in office for any period which may be specified by the president. notwithstanding that a justice of appeal has attained the age at which he is required by the provisions of this article to vacate his office, a person who was holding the office of justice of appeal may continue to perform the functions of that office after attaining that age until he completes the preparation and delivery of decision or until he completes any other business in connection with matters which he had started hearing before attaining that age. 120a. procedures relating to discipline of justices of appeal the procedure for dealing with discipline of justices of appeal for offences other than those specified under subarticle (2), shall be as prescribed under the law to be enacted by the parliament. a justice of appeal may be removed from office of a justice of appeal for reason of inability to perform the functions of his office (either due to illness or to any other reason) or for misbehaviour and shall not be removed from office except in accordance with procedural provisions similar to those prescribed for removal from office of the judge of the high court as stipulated in subarticle (2) and (3) of article 110a of this constitution, and for that purpose the provisions of subarticle (4) of article 110a shall apply to the justice of appeal in the same manner as applied to the judge of the high court. the provisions of this article shall apply without prejudice to the provisions of subarticle (5) of article 118 of this constitution. 121. oath of office of justices appeal a justice of appeal shall not assume office unless he has taken and subscribed the oath of allegiance and such other oath as may be prescribed by legislation enacted by parliament. 122. quorum at sittings the court of appeal the quorum at every sitting of the court of appeal shall be not less than three of appeal justices in every appeal a matter which requires the decision by the court of appeal shall be decided on the basis of the majority opinion of the justices of appeal hearing the appeal. 123. jurisdiction of a single justice of appeal a single justice of appeal may exercise any power vested in the court of appeal not involving the determination of an appeal; except that— in criminal matters, where a justice of appeal on an application for the exercise of those powers makes a decision which the applicant is dissatisfied with, then the applicant shall be entitled to require to have his application determined by the full court; in civil matters, the court of appeal may nullify or alter an order, direction, or decision of any other kind made by a single justice of appeal in accordance with the provisions of this article. part vi. procedure for service of notices and execution of orders issued by the courts 124. execution of court process in the whole of tanzania the criminal and civil process, including warrants of arrest issued by the courts in mainland tanzania and in tanzania zanzibar may be served and may be executed in any place in tanzania subject to the following provisions where the court issues process to be served or executed in a place where it has no jurisdiction, such process shall be sent to that place and the service or execution shall be effected in accordance with the procedure obtaining for service or execution of process issued by the court having jurisdiction in that area; and where the law applicable in the place where the process is sent requires that a process issued by a court which has no jurisdiction be authenticated first by the court having local jurisdiction, then every process issued by the court elsewhere has to be authenticated first in accordance with the law before service or execution of such process. where a person is arrested anywhere in tanzania in accordance with an arrest warrant issued by a court having no jurisdiction in the area of arrest, then the person so arrested shall be deemed to be in lawful custody and be brought before the court which issued the arrest warrant, but the provisions contained in this subarticle shall apply without prejudice to the provisions of the law applicable in the place of the arrest. the provisions contained in this article shall not prevent the enactment of a law providing for the procedure of sending process outside tanzania issued by the courts in mainland tanzania or tanzania zanzibar. part vii. the special constitutional court of the united republic 125. special constitutional court there is hereby established the special constitutional court of the united republic whose jurisdiction, constitution and procedure shall be as stipulated in the provisions of articles 126, and 128 of this constitution. 126. jurisdiction of the special constitutional court the sole function of the special constitutional court of the united republic is to hear and give a conciliatory decision over a matter referred to it concerning the interpretation of this constitution where such interpretation or its application is in dispute between the government of the united republic and the revolutionary government of zanzibar. in the exercise of its functions in accordance with the provisions of this article, the special constitutional court shall not have power to inquire into or to alter the decision of the high court or the decision of the court of appeal which has been given in accordance with the provisions of article 83 of this constitution or the decision of the court of appeal which has been given in accordance with article 117 of this constitution. every conciliatory decision given by the special constitutional court pursuant to this article shall be final; there shall be no right of appeal to any forum. 127. composition of the special constitutional court the special constitutional court shall consist of members of whom one half shall be appointed by the government of the united republic and the other half shall be appointed by the revolutionary government of zanzibar. a person may be appointed to be a member of the special constitutional court only if he holds or has previously held the office of justice of appeal, or of judge of the high court of the united republic of tanzania or of the high court of zanzibar, or he is a person who has the ability and experience which qualify him to be appointed to the office of judge or acting judge under the law for the time being in force, in mainland tanzania or in zanzibar, as the case may be. a person may be appointed to be a member of the special constitutional court for the purposes of hearing one dispute only or for hearing two or more disputes should they arise. a member shall continue to hold office as member of the special constitutional court until the determination of the dispute in relation to which he is appointed or his appointment is revoked or until he fails to perform his duties as a member due to illness or any other reason. 128. procedure at sittings of the special constitutional court the special constitutional court shall hold its sittings only when there is a dispute to be heard, and shall sit in any place to be decided upon in accordance with the procedure applicable for the purposes of hearing disputes submitted to the special constitutional court. the quorum for every sitting of the special constitutional court shall be all its members, and where any member is absent or the seat of any member is vacant, then the government which had appointed that member who is absent or whose seat is vacant shall appoint another member to replace him. a temporary member appointed in accordance with this subarticle shall continue to hold office in the special constitutional court until the substantive member resumes duty or until a person is appointed to fill the vacancy or until the dispute is determined, whichever of these events occurs earlier. every matter requiring a decision of the special constitutional court shall be determined on the basis of the opinion of two-thirds of the members appointed from mainland tanzania and two-thirds of the members appointed from tanzania zanzibar. parliament may enact legislation providing for the election of the chairman of the special constitutional court, the procedure for the submission of disputes to the court, the procedure for the hearing of disputes and the procedure for the transmission of the decisions of the court to the governments: save that where any matter is referred to the special constitutional court before the enactment of the legislation referred to in this subarticle, the matter will be heard and decided in accordance with the procedures to be decided upon by the court itself before hearing the matter, or if members of the court fail to agree on such procedure, then the matter shall be heard and decided in accordance with the procedure to be decided upon by the government of the united republic in collaboration with the government of zanzibar. chapter 6. the commission for human rights and good governance and the public leaders ethics secretariat part i. the commission for human rights and good governance 129. commission for human rights and good governance there shall be a commission to be known as the commission for human rights and good governance functions shall be as prescribed in article 130 of this constitution. the commission for human rights and good governance shall consist of the following commissioners the chairman, who shall be a person who possess qualifications for appointment as a judge; the vice chairman, who shall be appointed on the basis of principle if the chairman hails from one part of the united republic, that other person shall hail from the other part of the united republic; other commissioners not exceeding five who shall be appointed from amongst persons who possess skills, experience and wide knowledge in matters relating to human rights, law, administration, political or social affairs; assistant commissioners. all commissioners and the assistant commissioners shall be appointed by the president after consultation with the nomination committee. there shall be a nomination committee for purposes of this article which shall consist of the following members the chief justice of the court of appeal; the speaker of the national assembly; the chief justice of zanzibar; the speaker of the house of representatives; and the deputy attorney general, who shall be secretary of this committee. a chairman, vice chairman and all other commissioners, shall each hold office for a period of three years and may be re-appointed for another only one term of three years. for purposes of protection of comnissioners from conflict of interests, any person who is appointed as commissioner of the commission shall immediately abandon any office held by him in any political party or any other office which shall be mentioned on that behalf by a law enacted by the parliament. a commissioner or assistant commissioner may only be removed from office for reasons of failure to discharge his duties or due to illness or any other reason, or for reason of his misconduct that affects code of conduct for commissioner. the commission may discharge its duties notwithstanding that there is vacant office among the seats of commissioners or that one of the members is absent. 130. functions of the commission and the performance procedures commission for human rights and good governance shall discharge the following functions to sensitise countrywide about preservation of human rights and duties to the public in accordance with the constitution and the laws of the land; to receive complaints in relation to violation of human rights in general; to conduct inquiry on matters relating to infringement of human rights and violation of principles of good governance; to conduct research, to impart or disseminate to the public countrywide education in respect of human rights and good governance; if necessary, to institute proceedings in court in order to prevent violation of human rights or to restore a right that was caused by that infringement of human rights, or violation of principles of good governance; inquire into the conduct of any person concerned and any institution concerned in relation to the ordinary performance of his duties or functions or abuse of the authority of his office; to advice the govemment and other public institutions and private sector in respect of human rights and good governance; to take necessary action in order to promote and enhance conciliation and reconciliation among persons and various institutions appearing or being brought before the commission. the commission shall be an autonomous department, and without prejudice to other provisions of this article, in exercising its powers in accordance with this constitution, the commission shall not be bound to comply with directive or orders of any person or any department of govemment, or any opinion of any political party or of any public or private sector institution. the provisions of subarticle (2) shall not be construed as restricting the president from giving directive or orders to the commission, nor are they conferring a right to the commission of not complying with directions or orders, if the president is satisfied that in respect of any matter or any state of affair, public interest so requires. the commission shall conduct inquiry in accordance with the provisions of this article and of any law enacted in that behalf by the parliament, and shall inquire into the conduct of any person concerned or of any institution concerned whenever the president directs to conduct inquiry; likewise, except as the president directs the commission not to conduct investigation the commission may conduct investigation whenever it deems necessary to inquire into the conduct of any person concerned, or any institution concerned with the provisions of this article who is suspected or which is suspected to have abused the authority of his office, misused the authority of his office or the functions of such institution or for violation of human rights and principles of good governance. the commission shall not have powers, either pursuant to the article or any provisions of any law enacted by the parliament for purposes of this chapter of this constitution to inquire into decision of any judge, magistrate or of the court if such decision was made in the course of exercise of the powers of his office; likewise, the commission shall not have a power to inquire into any decision made by any or tribunal established in accordance with a law if that decision was made in the discharge of its functions. the provisions of this article shall apply to persons employed in the service of the government of the united republic and those of the revolutionary government of zanzibar, employees and leaders of the political parties who deal with public affairs, members and employees of all commissions of the government of the united republic and the revolutionary government of zanzibar parastatal organizations and other public or private organs, companies, community, associations, trustees or any other schemes, as prescribed by the law enacted by the parliament; but these provisions shall not apply to the president or leader of the revolutionary government of zanzibar, except only in accordance with the provisions of article 46 of this constitution or article 36 of the constitution of zanzibar, 1984. 131. powers of the commission and procedures for its duties without prejudice to other provisions of this article, the parliament may enact a law pursuant to the provisions of this chapter of this constitution for purposes of prescribing provisions in respect of authority of the commission, procedures for conducting its business and legal immunities for commissioners and employees of the commission which shall enable them to discharge their duties without legal constraints. the commission shall not inquire the following matters, for purposes of discharging its functions, that is to say any matter which is before a court or any tribunal; any matter concerning relationship or cooperation between the government and a foreign government of any country or international organization; any matter concerning powers of the president to award remission; any other matter that is mentioned in any law. in any financial year, the commission shall prepare and submit to the minister responsible for human rights a report in respect of activities of the commission in the preceding year; implementation of preservation of human rights in the united republic, and, the minister shall table before the national assembly each report submitted to him as soon as practicable after receipt. the provisions of subarticle (3) shall not be construed as restricting the commission from submitting any other report to any person or any other authority. part ii. public leaders’ ethics secretariat 132. public leaders’ ethics secretariat there is hereby established a public leaders’ ethics secretariat which shall have power to inquire into the behaviour and conduct of any public leader for the purpose of ensuring that the provisions of the law concerning the ethics of public leaders are duly complied with. for the purposes of this article, the meaning of “public leader” and “code of ethics for public leaders” shall be construed in accordance with the provisions of the law concerning the ethics of public leaders or the provisions of any other law enacted by parliament in so far as such provisions relate to the question of leadership and its interpretation. the public leaders’ ethics secretariat shall consist of the ethics commissioner and such other employees whose number shall be as specified by a law enacted by parliament. parliament shall enact a law stipulating basic rules of ethics for public leaders which shall be complied with by all persons holding public office which shall be specified by parliament. basic rules of ethics for public leaders shall— spell out public offices the holders of which shall be subject thereto; require persons holding certain public offices to make a formal declaration from time to time concerning their income, assets and liabilities; prohibit conduct and behaviour which tend to portray that a leader is dishonest, practices favouritism or lacks integrity, or which tends to promote or encourage corrupt practices in public affairs or jeopardizes public interest or welfare; prescribe penalties which may be imposed for breaches of the code of ethics; provide for procedure, powers and practice to be applied in order to ensure compliance with the code of ethics; prescribe any other provisions as are appropriate or necessary for the purpose of promoting and maintaining honesty, transparency, impartiality and integrity in the conduct of public affairs and for the protection of public funds and any other public property. parliament may, by law, provide for the dismissal or removal of a person from office for breaches of the code of ethics regardless of whether the office is elective or appointive. chapter 7. provisions regarding the finances of the united republic part i. contribution and allocation of the revenue of the united republic 133. joint finance account the government of the united republic shall maintain a special account to be known as "the joint finance account", and which shall form part of the consolidated fund of the united republic into which shall be paid all the moneys contributed by the two governments in such proportions as shall be determined by the joint finance commission in accordance with a law enacted by parliament for the purposes of the business of the united republic in relation to union matters. 134. joint finance commission there is hereby established a joint finance commission consisting of not more than seven members who shall be appointed by the president in accordance with this article and the provisions of a law enacted by parliament. the functions of the commission shall be— to analyze the revenue and expenditure arising from, or relating to the management of affairs concerning union matters, and to make recommendations to the two governments concerning the contribution by, and the allocation to, each of the governments; to keep under constant scrutiny the fiscal system of the united republic and also the relations between the two governments in relation to financial matters; to discharge other functions which the president shall assign to the commission or as the president may direct, and in accordance with a law enacted by parliament. part ii. the consolidated fund and the finances of the united republic 135. consolidated fund of the government of the united republic all revenue derived from various sources for the use of the government of the united republic, except for the type of revenue specified in subarticle (2) of this article, shall be paid into one special fund to be known as the consolidated fund of the government of the united republic. the revenue which shall not be paid into the consolidated fund of the government of the united republic is that which has been specified by law to be used for a specified purpose or to be paid into another fund for special use. 136. conditions for withdrawal of moneys from consolidated fund moneys shall not be paid out of the consolidated fund of the government of the united republic for expenditure consolidated save in accordance with the following terms: such money should be for the purpose of expenditure which has been authorised to be charged upon the consolidated fund of the government of the united republic by this constitution or by any other law; or such money is for expenditure which has been authorized either by appropriation act enacted by parliament for that purpose or a law enacted by parliament in accordance with the provisions of article 140 of this constitution. moneys in any special fund of the government other than the consolidated fund of the government of the united republic shall not be paid out for expenditure unless and until such expenditure has been authorized by law. moneys in the consolidated fund of the government of the united republic shall not be paid out of that fund for the purpose of expenditure unless and until such expenditure has been approved by the controller and auditor-general, and also on condition that such money shall have been paid out in accordance with a procedure prescribed for that purpose pursuant to a law enacted by parliament. 137. procedure for authorization of expenditure in advance of appropriation the president shall give directions to persons concerned to prepare and submit to the national assembly in each government financial year estimates of the revenue and expenditure of the government of the united republic for the next financial year. after the national assembly has approved the estimates of expenditure (apart from the expenditure charged on the consolidated fund by this constitution or by any other law) a bill to be known as an appropriation bill shall be introduced into the national assembly for the purpose of authorising the issue from the consolidated fund of the sums necessary to meet the expenditure for the various activities of the government involved in those estimates. where in any financial year it is found that— the amount of money appropriated by the appropriation act for a certain purpose is insufficient or it has been necessary to incur expenditure in respect of an activity for which no amount has been appropriated under the act; or money has been expended for a certain purpose in excess of the amount appropriated for it by the appropriation act or that money has been expended for a purpose for which no amount was appropriated under the act, there shall be presented before the national assembly a supplementary estimate or, as the case may be, a statement of excess, and after the national assembly has approved the supplementary estimate or the statement of excess there shall be introduced into the national assembly a supplementary appropriation bill for the purpose of authorising the issue of funds from the consolidated fund of the government of the united republic, and such moneys shall be used to meet the cost of the activities involved in the supplementary estimates or statement of excess. 138. conditions of taxation no tax of any kind shall be imposed save in accordance with a law enacted by parliament or pursuant to a procedure lawfully prescribed and having the force of law by virtue of a law enacted by parliament. the provisions contained in subarticle (1) of this article shall not preclude the house of representatives of zanzibar from exercising its power to impose tax of any kind in accordance with the authority of that house. 139. procedure for authorizing expenditure out of consolidated fund parliament may enact a law providing for the authorization of expenditure of moneys from the consolidated fund of the government of the united republic in accordance with a procedure prescribed in subarticle (2) of this article. where the financial year of the government has begun and the appropriation act in relation to that year has not come into operation, then the president may authorise the issue of moneys from the consolidated fund of the government of the united republic for the purposes of meeting the expenses of essential business of the government, and such moneys shall be expended until the expiration of four months from the beginning of the financial year, or until the appropriation act comes into operation, whichever occurs earlier. 140. contingencies fund and virement parliament may enact a law providing for the following: the establishment of a contingencies fund and authorizing the president or a minister appointed by the president in that behalf to borrow money from that fund to meet the costs of an urgent and unforeseen need for which no funds had been provided; and authorizing the president or a minister appointed by the president in that behalf to apply money specifically appropriated for certain business to meet the costs of an urgent and unforeseen need as referred to in paragraph (a) of this subarticle. where money has been borrowed from the contingencies fund, or money specifically appropriated for a certain purpose is applied to meet the costs of an urgent and unforeseen need, then there shall be presented before the national assembly supplementary estimates, and after the national assembly has approved the supplementary estimates, a supplementary appropriation bill which shall be introduced into the national assembly for the purpose of authorising such additional expenditure shall ensure that any moneys borrowed from the contingencies fund shall be reimbursed from the moneys the expenditure of which shall be authorised by that bill. 141. public debt the public debt of the united shall be secured on the consolidated fund of the government of the united republic. for the purposes of interpretation of this article, “the public debt” means the debt itself and also the interest charged on it, sinking fund payments in respect of that debt and the costs, charges and expenses incidental to the management of that debt. 142. remuneration of certain holders of public offices to be a charge on consolidated fund holders of public office to whom the provisions of this article apply shall be paid salaries and allowances as shall be prescribed by a law enacted by a parliament. the moneys for the salaries and allowances payable to the holders of offices to whom the provisions of this article apply together with pension and gratuity for those entitled to such payments shall be a charge on the consolidated fund of the government of the united republic. the salary payable to the holder of a public office to whom the provisions of this article apply together with his terms and conditions of service shall not be varied in a manner which is less beneficial to him, but these provisions shall not apply to allowances payable to the holder of such office. where the holder of a public office to whom the provisions of this article apply has the option to choose the salary or the terms and conditions of service, then for the purpose of construing the provisions of subarticle (3) of this article, the salary, the terms and conditions of service which he chooses shall be deemed to be more beneficial to him than any other salary or terms and conditions of service which he could have opted for. the provisions of this article shall apply to a justice of the court of appeal, a judge of the high court of the united republic, the chairman and every member of the permanent commission of enquiry and the controller and auditor general of the government of the united republic. 143. controller and auditor general of the united republic there shall be a controller and auditor-general of the united republic. the controller and auditor-general shall have the responsibility over the following matters: to ensure that the use of any moneys proposed to be paid out of the consolidated fund has been authorized and that the funds shall be paid out in accordance with the provisions of article 136 of this constitution, and where the is satisfied that those provisions shall be duly complied with, then he shall authorize payment of such moneys. to ensure that all the moneys the payment of which has been authorized to be charged on the consolidated fund of the government of the united republic, or the moneys the use of which has been authorised by a law enacted by parliament and which have been spent, have been applied to the purposes connected with the use of such moneys and that such expenditure has been incurred in accordance with the authorization for such expenditure; and at least once every year to audit and give an audit report in respect of the accounts of the government of the united republic, the accounts managed by all officers of the government of the united republic and the accounts of all courts of the united republic and the accounts managed by the clerk of the national assembly. the controller and auditor-general and every employee of the government who is authorised by him shall have the right to examine books records, statements of account, reports and all other documents concerning any type of account referred to in subarticle (2) of this article. the controller and auditor-general shall submit to the president every report he makes pursuant to the provisions of subarticle (2) of this article. upon receipt of such report the president shall direct the persons concerned to submit that report before the first sitting of the national assembly which shall be held after the president has received the report and it shall have to be submitted to such sitting before the expiration of seven days from the day the sitting of the national assembly began. if the president does not take steps of submitting such report to the national assembly, then the controller and auditor-general shall submit the report to the speaker of the national assembly (or the deputy speaker if the office of the speaker is vacant then, or if for any reason the speaker is unable to perform the functions of his office) who shall submit the report to the national assembly. the controller and auditor-general shall also have responsibility of discharging other duties and functions, and shall have other various powers as shall be specified by the law concerning the accounts of the government of the united republic or the accounts of other public authorities or other bodies. in the discharge of his functions in accordance with the provisions of subarticles (2), (3) and (4) of this article, the controller and auditor-general shall not be obliged to comply with the order or direction of any other person or government department, but the provisions of this subarticle shall not preclude a court from exercising jurisdiction to enquire into whether the controller and auditor-general has discharged his functions in accordance with the provisions of this constitution or not. 144. removal from office of controller and auditor-general without prejudice to the other provisions of this article, the controller and auditor-general of the united republic shall be obliged to vacate office upon attaining the age of sixty or any other age which shall be prescribed by a law enacted by parliament. the controller and auditor-general may be removed from office only for inability to perform the functions of his office (either due to illness or to any other reason) or for misbehaviour, or for violating the provisions of the law concerning the ethics of public leaders and shall not be so removed except in accordance with the provisions of subarticle (4) of this article. if the president considers that the question of the removal of the controller and auditor-general from office under the provisions of this article needs to be investigated, then the procedure shall be as follows: the president shall appoint a special tribunal which shall consist of a chairman and not less than two other members. the chairman and at least half of the other members of that special tribunal shall be persons who are or have been judges of the high court or of the court of appeal in any country within the commonwealth; the special tribunal shall investigate and submit a report to the president on this whole matter, and shall advise him whether or not the controller and auditor general should be removed from office in accordance with the provisions of this article on the grounds of inability to perform his functions due to illness or any other reason or on grounds of misbehaviour. if the special tribunal appointed in accordance with the provisions of subarticle (3) advises the president that the controller and auditor-general be removed from office on grounds of inability to perform functions of his office due to illness or any other reason or on grounds of misbehaviour, then the president shall remove him from office. if the question of removing the controller and auditor-general has been referred to a special tribunal for investigation pursuant to the provisions of this article, the president may suspend the controller and auditor-general from office, and the president may at any time rescind the decision to suspend the controller and auditor-general and in any case such decision shall lapse if the special tribunal advises the president that the controller and auditor-general be not removed from office. a person who holds or who has held the office of controller and auditor-general shall not be appointed to, or act in, any other office in the service of the government of the united republic. the provisions of this article shall not apply to any person appointed acting controller and auditor-general. chapter 8. local government authorities 145. establishment of local government authorities there shall be established local government authorities in each region, district, urban area and village in the united republic, which shall be of the type and designation prescribed by law to be enacted by parliament or by the house of representatives. parliament or the house of representatives, as the case may be, shall enact a law providing for the establishment of local government authorities, their structure and composition, sources of revenue and procedure for the conduct of their business. 146. functions of local government authorities the purpose of having local government authorities is to transfer authority to the people. local government authorities shall have the right and power to participate, and to involve the people, in the planning and implementation of development programmes within their respective areas and generally throughout the country. without prejudice to the generality of subarticle (1), of this article, a local government authority, in conformity with the provisions of the law establishing it, shall have the following functions: to perform the functions of local government within its area; to ensure the enforcement of law and public safety of the people; and to consolidate democracy within its area and to apply it to accelerate the development of the people. chapter 9. the armed forces 147. prohibition to raise and maintain armed forces it is hereby prohibited for any person or any organization or any group of persons except the government to raise or maintain in tanzania an armed force of any kind. the government of the united republic may, in accordance with law, raise and maintain in tanzania armed forces of various types for the purposes of the defence and security of the territory and the people of tanzania. it is hereby prohibited for any member of the defence and security forces to join any political party, save only that he shall have the right to vote which right is specified under article 5 of this constitution. for the purposes of this article, the expression "member of the defence and security forces" means a member in the service of the defence forces, the police force, the prisons service or the national service, whether on temporary or permanent terms. 148. powers of commander in-chief without prejudice-to the provisions of any law enacted by parliament, among the powers of the president as commander-in-chief of the armed forces is to command the armed forces to engage in military operations connected with the defence of the united republic, rescue operations to save life and property in times of emergency and other matters which the commander-in-chief shall deem necessary, and to that end the commander-in-chief may command the armed forces to engage in those operations in or outside tanzania. without prejudice to the provisions of a law enacted by parliament, power over the following matters shall vest in the commander-in-chief, that is to say: the appointment of top commanding officers in the armed forces of the united republic; the recruitment of persons into and their removal from the armed forces; the appointment of commanders of various units of the armed forces; and the suspension of any power vested in any member of the armed forces and pertaining to his being a member of such force. any thing done by any member of the armed forces in contravention of an order issued by the commander-in-chief pursuant to the provisions of subarticles (1) and (2) of this article shall be void. chapter 10. miscellaneous provisions 149. provisions relating to resignation from various offices established by this constitution any person holding any office established by this constitution (including the office of minister, deputy minister, or member of parliament, except an ex-officio member of parliament) may resign by giving notice in writing and signed by him, in accordance with the following procedure: if such person was appointed or nominated by one person, then such notice of resignation shall be submitted to the person who appointed or nominated him, or where he was appointed, or nominated by a body of persons, then such notice of resignation shall be submitted to that body of persons; if that person is the holder of the office of president, then the notice of resignation shall be submitted to the speaker; if that person is the speaker or deputy speaker of the national assembly, the notice of resignation shall be submitted to the national assembly; and if that person is a member of parliament, then that notice of resignation shall be submitted to the speaker. a person who has given notice of resignation pursuant to the provisions of subarticle (1) of this article shall be deemed to have resigned from the day the notice of resignation is received by the person or body of persons concerned, or when it is received by any person authorized by a person or body of persons concerned to receive the notice of resignation, but where the notice of resignation states that that person will resign some later day after the receipt of that notice by the person or body of persons concerned, then that person shall be deemed to have resigned from such later day. where any person holding any office established by this constitution (including the office of the minister, deputy minister or member of parliament, except an ex officio member of parliament) resigns, then, if he has all the necessary qualifications and is in every respect eligible, he may be reappointed or renominated to hold such office in accordance with the provisions of this constitution. nothing in the provisions of subarticle (3) shall preclude a person holding the office of president from being re-elected to that office while he holds the office of president. 150. provisions relating to procedure of succession to office in of government service for the purposes of interpreting the provisions of this constitution in relation to the procedure of appointment to the service of the government the united republic, it is hereby declared that any person having power pursuant to this constitution to appoint or nominate another person to hold a certain office has also the power to appoint or nominate a person to act in, or to temporarily perform the functions of, that office: provided that these provisions shall not apply to the offices of minister, deputy minister, justice of the court of appeal, judge of the high court, member of the permanent commission of enquiry or member of the electoral commission. the following rules shall also apply for the purposes of interpreting the provisions of this constitution concerning the procedure of appointment to offices in the services of the government of the united republic: where a person holding an certain office pursuant to the provisions of the constitution is on leave pending vacation of office, then another person may be appointed to that office, notwithstanding that the other person is still in service; where two or more persons concurrently hold a certain office pursuant to their appointment in accordance with the rules laid down in paragraph (a) of this subarticle, then in those circumstances if the need arises to perform any duty connected with that office the person last appointed shall be deemed to be the only person holding such office; where pursuant to provisions of this constitution a person is appointed to act in or to perform the functions of a certain office when the substantive holder of that office fails to perform the duties connected with that office, then it shall not be permitted to inquire into or to make any representations against such appointment on the ground that the substantive holder did not fail to perform the duties connected with that office. 151. interpretation in this constitution unless the context otherwise requires "military law" means a law or command issued pursuant to a law regulating discipline in a force; "member of armed force" when used in connection with any armed force, includes any member of the armed force who in accordance with the military law of the force, is subject to the discipline of that force; "the house of representatives" means the house of representatives of zanzibar referred to in article 106 of this constitution and which performs its functions in accordance with this constitution and the constitution of zanzibar, 1984; "parliament" means the parliament of the united republic referred to in article 62 of this constitution; "political party" means a political party which has been granted full registration in accordance with the political parties act, 1992; "judiciary" has the meaning ascribed to it in subarticle (1) of article 116 of this constitution; "judiciary of zanzibar" means the zanzibar judiciary which includes all the courts within the revolutionary govemment of zanzibar; "chief justice" means the chief justice of the court of appeal who is specified appointed and whose functions are prescribed in article 18 of this act. "chief justice of zanzibar" means the chief justice of the high court of zanzibar who, pursuant to the constitution of zanzibar, 1984, is the head of the zanzibar judiciary; "force" means any of the armed forces and includes any other force established by this constitution or in accordance with law and which is govemed by military law; "commonwealth" means the organization whose members include the united republic and every country to which the provisions of section 7 of the citizenship act, 1961, apply; "oath" shall have the meaning ordinarily ascribed to it and includes any formal declaration permitted by law to be used instead of an oath; "oath of allegiance" means the oath to be loyal to the state and to the government of the united republic; "ethics of office of judge" means ethical rules guiding the conduct of persons holding the office ofjudge or magistrate; "office in the service of the government of the united republic" shall have the ordinary meaning of that expression and includes service in the armed forces of the united republic and in the police force or other force established in accordance with law; "court" means any court having jurisdiction in the united republic except a court established by military law; save that for the purposes of articles 13, 14 and 15 of this constitution it shall include a court established under military law; "high court" means the high court of the united republic or the high court of zanzibar; "union matters" means all public affairs specified in article 4 of this constitution as being union matters; "state authority" includes the executive and the legislature of the united republic, as well as the executive and the house of representatives of zanzibar; "attomey-general" means the attomey-general for the united republic referred to in article 59; "the govemment" includes the govemment of the united republic, the revolutionary government of zanzibar or a district council or urban authority, and also any person exercising any power or authority on behalf of the government or local government authority; "local govemment authorities" means the local govemment authorities established under article 145 of this constitution for the purposes of exercising the people's power; "mainland tanzania" means the whole of the territory of the united republic which formerly was the territory of the republic of tanganyika; "tanzania zanzibar" means the whole of the territory of the united republic which formerly was the territory of the people's republic of zanzibar and which was previously referred to as "tanzania visiwani"; "general elections" or "people elections" means an election of a president and of the members of parliament representing electoral constituencies, which is held subsequent to the dissolution of parliament; "ujamaa" or "ujamaa and self reliance" means the society's life principles for building a nation that observes democracy, self reliance, freedom, equality, fraternity and unity of the peoples of the united republic; "minister" means a member of parliament appointed to the office of minister, except deputy minister, and that definition shall also apply to the vice-president; "zanzibar" has the same meaning as tanzania zanzibar. the following rules shall be applied for the purpose of construing the provisions of the constitution, that is to say whenever a reference is made to the function of the office of president it shall be construed to include powers to perform various duties and functions as the head of the government of the united republic, and also such other functions or duties if so provided in this constitution or in any other law that such other powers or duties ate powers of the president; whenever reference is made to an office in the service of the government it shall be construed that the office concerned is within the service of the government of the united republic unless it is stated otherwise and whenever reference is made to the govemment's department, it shall be construed that the department of the government of the united republic unless it is stated otherwise; if pursuant to the provisions of this constitution there is any matter required to be performed or to be dealt with by any political party, then that matter shall be performed or dealt with by that party in accordance with the procedure laid down by that party for that purpose, and also in conformity with the provisions of this constitution or any law enacted by parliament for that purpose; for the purposes of this constitution, a person shall not be deemed to hold office in the service of the government of the united republic by reason only that he is receiving pension or other payment of that kind in respect of his past service in the government of the united republic or in any former government of mainland tanzania or in the armed forces or the police force of the government of the united republic or former government of mainland tanzania or of zanzibar; in this constitution, unless the context requires otherwise, whenever reference is made to the holder of a certain office by reference to the designation of his office such reference shall be construed to include any person who is acting in, or who has been duly appointed to perform the functions of that office; in this constitution wherever there is a reference to the power to remove the holder of an office in the service of the government of the united republic, it shall be construed that the power concerned includes the power conferred in accordance with the provisions of any law which requires or permits that person to retire: provided that the provisions of this rule shall not be construed as conferring power on any person to require a justice of the court of appeal, a judge of the high court or the controller and auditor-general to retire from office; in this constitution, wherever there is reference to a law which replaces or repeals another law, it shall be construed that the law concerned includes a law which amends that other law or which extends the application of that other law whether with or without modification or amendment, or a law which introduces new provisions in another law. 152. title, commencement and application of this constitution this constitution may be cited as the constitution of the united republic of tanzania, 1977. this constitution shall come into operation on the 26th of april, 1977. this constitution shall apply to mainland tanzania as well as tanzania zanzibar. first schedule. union matters (referred to in article 4) the constitution of tanzania and the government of the united republic. foreign affairs. defence and security. police. emergency powers. citizenship. immigration. external borrowing and trade. service in the government of the united republic. income tax payable by individuals and by corporations, customs duty and excise duty on goods manufactured in tanzania collected by the customs department. harbours, matters relating to air transport, posts and telecommunications. all matters concerning coinage, currency for the purposes of legal tender (including notes), banks (including savings banks) and all banking business; foreign exchange and exchange control. industrial licensing and statistics. higher education. mineral oil resources, including crude oil and natural gas. the national examinations council of tanzania and all matters connected with the functions of that council. civil aviation. research. meteorology. statistics. the court of appeal of the united republic. registration of political parties and other matters related to political parties. second schedule list one. referred to in article 98(1) (a) (laws the amendment of which requires to be supported by at least two-thirds of all members of parliament) the republic of tanganyika (consequential, transitional and temporary provisions) act,1962 sections 3, 17, 18, 23 and 26 the civil service act 1962, sections 22, 23 and 24 the judicial service act, 1962, sections 22, 23 and 24 the whole act of union between tanganyika and zanzibar. list two. referred to in article 98(1)(b) (matters the amendment of which requires to be supported by two-thirds of all members of parliament from mainland tanzania and two-thirds of all members of parliament from tanzania zanzibar). the existence of the united republic. the existence of the office of president of the united republic. the authority of the government of the united republic. the existence of the parliament of the united republic. the authority of the government of zanzibar. the high court of zanzibar. the list of union matters. the number of members of parliament from zanzibar. preamble we, the people of kazakhstan, united by common historic fate, creating state on the indigenous kazakh land, considering ourselves peace-loving and civil society, dedicated to the ideals of freedom, equality and concord, wishing to take worthy place in the world community, realizing our high responsibility before the present and future generations, proceeding from our sovereign right, accept this constitution. section i. general provisions article 1 the republic of kazakhstan proclaims itself democratic, secular, legal and social state whose highest values are an individual, his life, rights and freedoms. the fundamental principles of the activity of the republic are public concord and political stability; economic development for the benefit of all the nation; kazakhstan patriotism and resolution of the most important issues of the affairs of state by democratic methods including voting at an all-nation referendum or in the parliament. article 2 the republic of kazakhstan is unitary state with presidential form of government. the sovereignty of the republic extends to its entire territory. the state ensures the integrity, inviolability and inalienability of its territory. the administrative-territorial division of the republic, the status of its capital shall determine by law. capital of kazakhstan is the city of astana. a special legal regime in the financial sphere may be established within the city of astana in accordance with the constitutional law. the names “republic of kazakhstan” and “kazakhstan” have the same meaning. article 3 the people shall be the only source of state power. the people shall exercise power directly through an all-nation referendum and free elections as well as delegate the execution of their power to state institutions. nobody shall have the right to appropriate power in the republic of kazakhstan. appropriation of power shall be persecuted by law. the right to act on behalf of the people and the state shall belong to the president as well as to parliament of the republic within the limits of the constitutional powers. the government and other state bodies shall act on behalf of the state only within the limits of their delegated authorities. the state power in the republic of kazakhstan is unified and executed on the basis of the constitution and laws in accordance with the principle of its division into the legislative, executive and judicial branches and system of checks and balances that governs their interaction. article 4 the provisions of the constitution, the laws corresponding to it, other regulatory legal acts, international treaty and other commitments of the republic as well as regulatory resolutions of constitutional council and the supreme court of the republic shall be the functioning law in the republic of kazakhstan. the constitution shall have the highest juridical force and direct effect on the entire territory of the republic. international treaties ratified by the republic shall have priority over its laws. the procedure and conditions of the application in the territory of the republic of kazakhstan of international treaties to which kazakhstan is a party are determined by the legislation of the republic. all laws, international treaties of which the republic is party shall be published. official publication of regulatory legal acts dealing with the rights, freedoms and responsibilities of citizens shall be necessary condition for their application. article 5 the republic of kazakhstan shall recognize ideological and political diversity. the formation of political party organizations in state bodies shall not be permitted. public associations shall be equal before the law. illegal interference of the state in the affairs of public associations and of public associations in the affairs of the state, imposing the functions of state institutions on public associations shall not be permitted. formation and functioning of public associations pursuing the goals or actions directed toward violent change of the constitutional system, violation of the integrity of the republic, undermining the security of the state, inciting social, racial, national, religious, class and tribal enmity, as well as formation of unauthorized paramilitary units shall be prohibited. activities of political parties and trade unions of other states, religious parties as well as financing political parties and trade unions by foreign legal entities and citizens, foreign states and international organizations shall not be permitted in the republic. activities of foreign religious associations on the territory of the republic as well as appointment of heads of religious associations in the republic by foreign religious centers shall be carried out in coordination with the respective state institutions of the republic. article 6 the republic of kazakhstan shall recognize and by the same token protect state and private property. property shall impose obligations, and its use must simultaneously benefit the society. subjects and objects of ownership, the scope and limits of the rights of proprietors, and guarantees of their protection shall be determined by law. the land and underground resources, waters, flora and fauna, other natural resources shall be owned by the state. the land may also be privately owned on terms, conditions and within the limits established by legislation. article 7 the state language of the republic of kazakhstan shall be the kazak language. in state institutions and local self-administrative bodies the russian language shall be officially used on equal grounds along with the kazak language. the state shall promote conditions for the study and development of the languages of the people of kazakhstan. article 8 the republic of kazakhstan shall respect principles and norms of international law, pursue the policy of cooperation and good-neighborly relations between states, their equality and non-interference in each other’s domestic affairs, peaceful settlement of international disputes and renounce the first use of the military force. article 9 the republic of kazakhstan shall have its state symbols the flag, emblem and anthem. their description and order of official use shall be established by the constitutional law. section ii. the individual and citizen article 10 citizenship of the republic of kazakhstan shall be acquired and terminated as prescribed by law, shall be indivisible and equal regardless of the grounds of its acquisition. a citizen of the republic may not be deprived of citizenship, the right to change his citizenship, and may not be exiled from the territory of kazakhstan. the deprivation of citizenship is allowed only by a court decision on the ground of the commission of terrorist crimes, as well as for causing other grave harm to the vital interests of the republic of kazakhstan. foreign citizenship of citizen of the republic shall not be recognized. article 11 a citizen of the republic of kazakhstan may not be extradited to foreign state unless otherwise stipulated by international treaties of the republic. the republic shall guarantee its citizens protection and patronage outside its boundaries. article 12 human rights and freedoms in the republic of kazakhstan shall be recognized and guaranteed in accordance with this constitution. human rights and freedoms shall belong to everyone by virtue of birth, be recognized as absolute and inalienable, and define the contents and implementation of laws and other regulatory legal acts. every citizen of the republic shall have rights and bear responsibilities owing to his citizenship. foreigners and stateless persons in the republic shall enjoy rights and freedoms as well as bear responsibilities established for the citizens unless otherwise stipulated by the constitution, laws and international treaties. exercise of citizen’s human rights and freedoms must not violate rights and freedoms of other persons, infringe on the constitutional system and public morals. article 13 everyone shall have the right to be recognized as subject of the law and protect his rights and freedoms with all means not contradicting the law including self-defense. everyone shall have the right to judicial defense of his rights and freedoms. everyone shall have the right to qualified legal assistance. in cases stipulated by law, legal assistance shall be provided free of charge. article 14 everyone shall be equal before the law and court. no one shall be subject to any discrimination for reasons of origin, social, property status, occupation, sex, race, nationality, language, attitude towards religion, convictions, place of residence or any other circumstances. article 15 everyone shall have the right to life. no one shall have the right to arbitrarily deprive life of a person. the death penalty shall be established by law as an exceptional punishment for terroristic crimes which have resulted in death casualties, and also for especially grave crimes, committed in wartime, with granting to a sentenced person a right to appeal for pardon. article 16 everyone shall have the right to personal freedom. arrest and detention shall be allowed only in cases stipulated by law and with the sanction of a court with right of appeal of an arrested person. without the sanction of a court, a person may be detained for a period no more than seventy-two hours. every person detained, arrested and accused of committing crime shall have the right to the assistance of defense lawyer (defender) from the moment of detention, arrest or accusation. article 17 a person’s dignity shall be inviolable. no one must be subject to torture, violence or other treatment and punishment that is cruel or humiliating to human dignity. article 18 everyone shall have the right to inviolability of private life, personal or family secrets, protection of honor and dignity. everyone shall have the right to confidentiality of personal deposits and savings, correspondence, telephone conversations, postal, telegraph and other messages. limitation of this right shall be permitted only in the cases and according to the procedure directly established by law. state bodies, public associations, officials, and the mass media must provide every citizen with the possibility to obtain access to documents, decisions and other sources of information concerning his rights and interests. article 19 everyone shall have the right to determine and indicate or not to indicate his national, party and religious affiliation. everyone shall have the right to use his native language and culture, to freely choose the language of communication, education, instruction and creative activities. article 20 the freedom of speech and creative activities shall be guaranteed. censorship shall be prohibited. everyone shall have the right to freely receive and disseminate information by any means not prohibited by law. the list of items constituting state secrets of the republic of kazakhstan shall be determined by law. propaganda of or agitation for the forcible change of the constitutional system, violation of the integrity of the republic, undermining of state security, and advocating war, social, racial, national, religious, class and clannish superiority as well as the cult of cruelty and violence shall not be allowed. article 21 everyone who has legal right to stay on the territory of the republic of kazakhstan shall have the right to freely move about its territory and freely choose place of residence except in cases stipulated by law. everyone shall have the right to leave the territory of the republic. citizens of the republic shall have the right to freely return to the republic. article 22 everyone shall have the right to freedom of conscience. the right to freedom of conscience must not specify or limit universal human and civil rights and responsibilities before the state. article 23 citizens of the republic of kazakhstan shall have the right to freedom of forming associations. the activities of public associations shall be regulated by law. the military, employees of national security, law-enforcement bodies and judges must abstain from membership in political parties, trade unions, and actions in support of any political party. article 24 everyone shall have the right to freedom of labor, and the free choice of occupation and profession. involuntary labor shall be permitted only on sentence of court or in the conditions of state of emergency or martial law. everyone shall have the right to safe and hygienic working conditions, to just remuneration for labor without discrimination, as well as to social protection against unemployment. the right to individual and collective labor disputes with the use of methods for resolving them, stipulated by law including the right to strike, shall be recognized. everyone shall have the right to rest. working labor agreements stipulating the length of working time, days-off and holidays, and paid annual leave shall be guaranteed by law. article 25 housing shall be inviolable. deprivation of housing shall not be permitted unless otherwise stipulated by court decision. penetration into housing, its inspection and search shall be permitted only in cases and according to the procedure stipulated by law. conditions shall be created in the republic of kazakhstan to provide citizens with housing. citizens in need of housing shall be categorized in manner to be prescribed by law and provided with housing at an affordable price from the state housing funds in accordance with the norms stipulated by law. article 26 citizens of the republic of kazakhstan may privately own any legally acquired property. property, including the right of inheritance, shall be guaranteed by law. no one may be deprived of his property unless otherwise stipulated by court decision. forcible alienation of property for the public use in extraordinary cases stipulated by law may be exercised on condition of its equivalent compensation. everyone shall have the right to freedom of entrepreneurial activity, and free use of his property for any legal entrepreneurial activity. monopolistic activity shall be regulated and limited by law. unfair competition shall be prohibited. article 27 marriage and family, motherhood, fatherhood and childhood shall be under the protection of the state. care of children and their upbringing shall be natural right and responsibility of parents. able-bodied children of age must take care of their disabled parents. article 28 a citizen of the republic of kazakhstan shall be guaranteed minimum wage and pension, and guaranteed social security in old age, in case of disease, disability or loss of breadwinner and other legal grounds. voluntary social insurance, creation of additional forms of social security, and charity shall be encouraged. article 29 citizens of the republic of kazakhstan shall have the right to protection of health. citizens of the republic shall be entitled to free, guaranteed, extensive medical assistance established by law. paid medical treatment shall be provided by state and private medical institutions as well as by persons engaged in private medical practice on the terms and according to the procedures stipulated by law. article 30 the citizens shall be guaranteed free secondary education in state educational establishments. secondary education shall be obligatory. a citizen shall have the right to receive on competitive basis higher education in state higher educational establishment. the citizens shall have the right to pay and receive an education in private educational establishments on the basis and terms established by law. the state shall set uniform compulsory standards in education. the activity of any educational establishment must comply with these standards. article 31 the state shall set an objective to protect the environment favorable for the life and health of the person. officials shall be held accountable for the concealment of facts and circumstances endangering the life and health of the people in accordance with law. article 32 citizens of the republic of kazakhstan shall have the right to peacefully and without arms assemble, hold meetings, rallies and demonstrations, street processions and pickets. the use of this right may be restricted by law in the interests of state security, public order, protection of health, rights and freedoms of other persons. article 33 citizens of the republic of kazakhstan shall have the right to participate in the government of the state’s affairs directly and through their representatives, to address personally as well as to direct individual and collective appeals to public and local self-administrative bodies. citizens of the republic shall have the right to elect and be elected into public and local self-administrations as well as to participate in an all-nation referendum. the right to elect and be elected, to participate in the all-nation referendum shall not extend to the citizens judged incapable by court as well as those held in places of confinement on court’s sentence. citizens of the republic shall have the equal right to serve in public office. the requirements for candidates for public offices shall be conditioned only by the character of the office duties and shall be established by law. article 34 everyone must observe the constitution, legislation of the republic of kazakhstan and respect the rights, freedoms, honor and dignity of other persons. everyone must respect the state symbols of the republic. article 35 payment of legally established taxes, fees and other obligatory payments shall be duty and responsibility of everyone. article 36 defense of the republic of kazakhstan shall be sacred duty and responsibility of its every citizen. citizens of the republic shall perform military service according to the procedure and in the forms established by law. article 37 citizens of the republic of kazakhstan must care for the protection of historical and cultural heritage, and preserve monuments of history and culture. article 38 citizens of the republic of kazakhstan must preserve nature and protect natural resources. article 39 rights and freedoms of an individual and citizen may be limited only by laws and only to the extent necessary for protection of the constitutional system, defense of the public order, human rights and freedoms, health and morality of the population. any actions capable of upsetting interethnic and inter-confessional concord shall be deemed unconstitutional. no form of restrictions shall be allowed to the rights and freedoms of citizens on political grounds. in no circumstances shall there be any restriction of the rights and freedoms stipulated by articles 11; 13-15, paragraph 1 of article 16; article 17; article 19; article 22; paragraph 2 of article 26 of the constitution. section iii. the president article 40 the president of the republic of kazakhstan shall be the head of state, its highest official determining the main directions of the domestic and foreign policy of the state and representing kazakhstan within the country and in international relations. the president of the republic shall be the symbol and guarantor of the unity of the people and the state power, inviolability of the constitution, rights and freedoms of an individual and citizen. the president of the republic shall ensure by his arbitration concerted functioning of all branches of state power and responsibility of the institutions of power before the people. article 41 the president of the republic shall be elected by universal, equal and direct suffrage under secret ballot for five-year term in accordance with the constitutional law by the citizens of the republic who have come of age. a citizen of the republic by birth who is not younger than forty, has a perfect command of the state language, has lived in kazakhstan for not less than fifteen years and has higher education may be eligible for the office of the president of the republic of kazakhstan. the constitutional law may establish additional requirements for presidential candidates. regular elections of the president of the republic shall be held on the first sunday of december and shall not coincide with the election of new parliament of the republic. preterm presidential elections are assigned by decree of president of the republic and are hold in order and terms, established by constitutional law. the candidate who receives more than 50 percent of the votes of the constituents that took part in the election shall be deemed elected. if none of the candidates receives the above number of votes, second round of elections shall be held between the two candidates who obtained the largest number of votes. the candidate who receives the larger number of votes of the constituents who take part in the second round of elections shall be deemed elected. article 42 the president of the republic of kazakhstan shall take office from the moment of swearing to the people the following oath: "i solemnly swear that will faithfully serve the people of kazakhstan, strictly observe the constitution and the laws of the republic of kazakhstan, guarantee the rights and freedoms of the citizens, honestly perform the high duties of the president of the republic of kazakhstan entrusted to me." the oath shall be taken on the second wednesday of january in ceremonial atmosphere in the presence of the deputies of parliament, the members of the constitutional council, the judges of the supreme court as well as all former presidents of the republic. in case, stipulated by article 48 of the constitution, the oath shall be taken by person who has taken the powers of the president of the republic of kazakhstan within one month since taking the powers of the president of the republic. the powers of the president of the republic shall terminate from the moment the newly elected president of the republic takes office as well as in the case of premature release from office, resignation or death. all former presidents of the republic except those who were discharged from office shall have the title of ex-president of the republic of kazakhstan. [deleted by law of 10 july 1998 n 284-i] one and the same person may not be elected the president of the republic more than two times in row. the present restriction shall not extend on the first president of the republic of kazakhstan. article 43 the president of the republic of kazakhstan shall not have the right to be deputy of representative body, hold other paid offices and engage in entrepreneurial-activity. [deleted by the law of 21 may 2007 n 254-iii] article 44 the president of the republic of kazakhstan shall: annually address the people of kazakhstan with message on the state of the country and main directions of the domestic and foreign policy of the republic of kazakhstan; appoint regular and extraordinary elections to the parliament of the republic and its chambers; convene the first session of the parliament and accept the oath of its deputies to the people of kazakhstan; call extraordinary session of the parliament; sign laws submitted by the senate of the parliament within one month, promulgate the law or return the law or its separate articles for a second discussion and vote; after consultation with the factions of political parties represented in the majilis of the parliament, submit to the majilis for consent the candidacy of the prime minister; appoint a prime minister of the republic with the consent of the majilis of the parliament; release a prime-minister from office; as proposed by the prime minister define the structure of the government; appoint members of the government as proposed by the prime-minister followed by consultation with the majilis of the parliament; independently appoint ministers of foreign affairs and defence, and internal affairs; dismisses members of the government; receive the oath of members of the government; preside at meetings of the government on crucial matters if necessary; annul or suspend entirely or in part acts of akims of oblasts, cities of national significance and the capital; appoint the chairperson of the national bank, the procurator general and the chairperson of committee of national security of the republic of kazakhstan with the consent of the senate of the parliament; release them from office; form, abolish and reorganize the state bodies directly subordinated and accountable to the president of the republic, appoint and release their heads from office; appoint and recall heads of diplomatic representative offices of the republic; appoint the chairperson and two members of the central election committee, the chairperson and two members of the accounts committee for control over execution of the republican budget for a five year term; [deleted by the law of 10 march 2017 n 51-vi 3pk]; [deleted by the law of 10 march 2017 n 51-vi 3pk]; adopt resolution on conducting the all-nation referendum; in order to protect the rights and freedoms of an individual and citizen, ensure national security, sovereignty and integrity of the state, sends a request to the constitutional council to consider if an enacted law or other legal act is in conformity with the constitution of the republic, to issue an opinion in a case specified in paragraph 3 of article 91 of the constitution of the republic of kazakhstan; conduct negotiations and sign international treaties of the republic; sign ratification instruments; receive letters of credentials and recall from diplomatic and other representatives of foreign states accredited to him; act as the commander-in-chief of the armed forces of the republic, appoint and replace the highest command of the armed forces; award state decorations of the republic and confer honorary, highest military and other ranks, ranked positions, diplomatic ranks and qualification degrees; resolve issues of citizenship of the republic, and political asylum; exercise pardon of citizens; in the event of serious and immediate threat to the democratic institutions of the republic, its independence and territorial integrity, political stability of the republic, security of its citizens and the disruption of normal functioning of the constitutional bodies of the state, the president shall have official consultation with prime minister and chairpersons of the parliamentary chambers of the republic and take measures, caused by state of emergency on the entire territory or in particular areas of kazakhstan, and immediately inform the parliament of the use of the armed forces of the republic; in the case of aggression against the republic or immediate external threat to its security, the president shall impose martial law on the entire territory of the republic or in particular areas, declare partial or total mobilization and immediately inform the parliament of the republic to the effect; forms state security service subordinate to him; appoint to and release from office the state secretary of the republic of kazakhstan, define his status and powers; form the administration of the president of the republic; form the security council, the higher judicial council and other consultative and advisory bodies; exercise other powers in accordance with the constitution and the laws of the republic. article 45 the president of the republic of kazakhstan, on the basis of and with the exercise of the constitution and the laws, shall issue decrees and resolutions which are binding on the entire territory of the republic. [deleted by the law of 10 march 2017 n 51-vi 3pk]; the acts of parliament signed by the president of the republic as well as the acts of the president issued on the initiative of the government shall be preliminary signed respectively by the chairperson of each parliaments chambers or the prime minister on whom bear juridical responsibility for the legality of these acts. article 46 the president of the republic of kazakhstan, his honour and dignity shall be inviolable. provision, service, and guard of the president of the republic and his family shall be carried out at the state’s expense. the provisions of this article shall extend to ex-presidents of the republic. the status and powers of the first president of kazakhstan shall determine by the constitution of the republic and the constitutional law. article 47 the president of the republic of kazakhstan may be prematurely released from office in the case of continued incapacity to perform his duties due to illness. in this case the parliament shall form commission consisting of equal numbers of deputies from each chamber and specialists of the respective areas of medicine. the decision of premature release based on the conclusion of the commission and that of the constitutional council confirming observance of the established constitutional procedures shall be adopted at joint sitting of the parliament’s chambers by the majority of no less than three-fourths from the total number of deputies of each chamber. the president of the republic shall bear responsibility for the actions performed while exercising his duties and only in the case of high treason may be discharged from office by parliament. the decision to bring an accusation and conduct its investigation may be adopted by the majority of the deputies of the majilis at the initiative of no less than one-third of the total number of its deputies. investigation of the accusation shall be organized by the senate and by the majority of votes of the total number of the deputies of the senate its results are transferred for consideration at joint session of the parliament’s chambers. the final decision of this issue shall be adopted at joint session of the parliament’s chambers by the majority of no less than three-fourths of the total number of the deputies of each chamber, provided the supreme court concludes the validity of the accusation and conclusion by the constitutional council that the established constitutional procedures were observed. the failure to arrive at final decision within two months from the moment of the accusation shall result in the recognition that the accusation against the president of the republic is rejected. rejection of the accusation of the president of the republic in perpetration of high treason at any stage shall result in premature termination of the powers of the deputies of the majilis who initiated the consideration of this issue. the issue of discharge of the president of the republic from office may not be initiated in the period when the president is considering premature termination of the powers of the parliament of the republic or the majilis of the parliament. article 48 in case of premature release or discharge of the president of the republic of kazakhstan from office as well as in case of his death the powers of the president of the republic shall be transmitted to the chairperson of the senate of the parliament for the rest of the term; if the chairperson of the senate is unable to assume the powers of the president they shall be transmitted to the chairperson of the majilis of the parliament; if the chairperson of the majilis is unable to assume the powers of the president they shall be transmitted to the prime minister of the republic. person who has taken the powers of the president of the republic shall correspondingly withdraw his powers of the chairperson of the senate, the majilis, the prime minister. in this case filling of those state positions shall be carried out in the order, stipulated by the constitution. a person who has taken the powers of the president of the republic of kazakhstan, on the basis and in the order stipulated by paragraph of the present article, has no right to initiate amendments and additions to the constitution of the republic of kazakhstan. section iv. parliament article 49 parliament of the republic of kazakhstan is the highest representative body of the republic performing legislative functions. parliament’s powers shall begin from the opening of its first session and terminate with the first session of new convocation. the powers of parliament may be prematurely terminated in cases and according to the procedure stipulated by the constitution. the organization and activities of parliament, the legal status of its deputies shall be determined by constitutional law. article 50 parliament shall consist of two chambers acting on permanent basis: the senate and the majilis. the senate shall be composed of deputies represented in an order, established by the constitutional law, on two persons from each oblast, major city and the capital of the republic of kazakhstan. fifteen deputies of the senate shall be appointed by the president of the republic taking into account necessity of maintenance of representation for the senate of national-cultural and other significant interests of a society. the majilis shall consist of hundred seven deputies elected in an order, established by the constitutional law. a deputy of parliament may not be member of both chambers simultaneously. term of the powers of senate deputies shall be six years, term of the powers of the majilis deputies shall be five years. article 51 elections of ninety eight deputies of majilis shall be carried out on the basis of the universal, equal and direct right under secret ballot. nine deputies of majilis shall be elected by assembly of the people of kazakhstan. regular elections of the deputies of the majilis shall be held no later than two months before the termination of the powers of current the parliament. the elections of the deputies of the senate shall be carried out on the basis of indirect electoral right under secret ballot. half of the elected deputies of the senate shall be re-elected every three years. in this case, their regular elections shall be held no later than two months before the end of their term in office. extraordinary elections of the deputies of parliament or the majilis of the parliament shall be held within two months from the day of premature termination of powers accordingly the parliament or the majilis of the parliament. a deputy of the parliament may be a person, who has been a citizen of the republic of kazakhstan and a permanent resident for the last ten years on the territory. a deputy of the senate may be a person, who has reached thirty years of age, has higher education and length of service of not less than five years and has been permanent resident for not less than three years on the territory of the respective oblast, major city or the capital of the republic. a deputy of the majilis may be a person of the republic of kazakhstan who has reached twenty-five years of age. elections of deputies of the parliament shall be regulated by the constitutional law. a deputy shall take an oath before the people of kazakhstan. article 52 [deleted by the law of 21 may 2007 n 254] the deputies of parliament must take part in its work. the deputies shall only vote in person in parliament. absence of deputy at sittings of the chambers and their bodies without good reason for more than three times as well as transferring the right to vote shall cause the imposition of penalties established by law. a deputy of parliament shall have no right to be deputy of another representative body, hold other paid offices, except teaching, research and creative activities, engage in entrepreneurial activity, enter managing body or supervisory board of commercial organization. violation of this rule shall result in the termination of deputy’s powers. a deputy of parliament during the term of his office may not be arrested, subject to detention, measures of administrative punishment imposed by court of law, arraigned on criminal charge without the consent of respective chamber except for the cases of being apprehended on the scene of crime or committing grave crimes. the powers of the deputies of parliament shall be terminated in cases of resignation, his death, being recognized of the deputy on the judgment which has entered validity incapacitated, died or is unknown absent and others provided by the constitution and the constitutional law cases. a deputy of the parliament shall be deprived of his mandate in cases of: establishment permanent residency beyond the boundaries of the republic of kazakhstan; enter in force of conviction against deputy; loss of citizenship of the republic of kazakhstan. a deputy of majilis of the parliament shall be deprived of his mandate in cases: exit or an exception of the deputy from the political party from which according to the constitutional law the deputy is selected; termination of activity of political party from which according to the constitutional law the deputy is selected. powers of the appointed deputies of the senate of the parliament shall be ahead of schedule stopped under the decision of the president of the republic. powers of deputies of the parliament and the majilis of the parliament stop in dissolution cases accordingly the parliament and the majilis of the parliament. preparation of questions concerning the imposition of penalties on the deputies, their observance of the requirements of paragraph of this article, principles of the deputies’ ethics, as well as termination of the deputies’ powers and deprivation of their powers and deputy immunity, shall be delegated to the central election commission of the republic of kazakhstan. article 53 parliament at a joint session of the chambers shall: introduce changes and additions to the constitution at the proposal of the president of the republic of kazakhstan; approve the reports of the government, and the accounts committee on the control over execution of the republican budget on execution of the republican budget. non-approval the report of the government about execution of the republican budget denotes the expression by the parliament a vote of no confidence in the government; [deleted by the law of 10 march 2017 n 51-vi 3pk]; decide issues of war and peace; adopt a decision concerning the use of the armed forces of the republic to fulfill international obligations in support of peace and security at the proposal of the president of the republic; hear annual messages of the constitutional council of the republic on the state of the constitutional legality in the republic; form joint commissions of the chambers; elect and release from office their chairpersons; hear reports on the activity of the commissions; exercise other powers assigned to the parliament by the constitution. article 54 parliament at separate sessions of the chambers through consecutive consideration of issues first in the majilis and then in the senate shall adopt constitutional laws and law, including: confirm the republican budget and make changes and additions in the budget; establish and cancel the state taxes and tax collections; establish the procedure for resolving the issues of the administrative-territorial division of the republic of kazakhstan; establish state awards, honorary, military and other titles, ranked positions, diplomatic ranks of the republic of kazakhstan, and define state symbols of the republic; decide issues of state loans and rendering of economic and other assistance by the republic; decide issues of amnesty to citizens; ratify and denounce international treaties of the republic. parliament in separate session of chambers by consecutive consideration of questions in the beginning in majilis, and then in the senate: discuss the reports on execution of the republican budget; spend second discussion and voting by laws or articles of the law which has caused objections of the president of the republic, in a month from the day of a direction of objections. non-observance of this term denotes the acceptance of objections of the president. if the majilis and the senate by the majority of two-thirds of votes of total number of deputies from each chamber confirms the decision adopted earlier, the president shall sign the law within one month. if the president’s objections are not overruled, at least by one of chambers, the law shall be deemed not adopted or adopted in the version proposed by the president. objections of the head of the state on the constitutional laws passed by the parliament are considered in the order provided by the present subparagraph. thus objections of the president on the constitutional laws shall be overcome by the parliament not less than three quarters of votes from total number of deputies of each of chambers; display the initiative about appointment of a republican referendum18. article 55 the following shall belong to exclusive jurisdiction of the senate: election and discharge from office, the chairperson of the supreme court and judges of the supreme court of the republic at the proposal of the president of the republic of kazakhstan, and swearing them into office; election for a term of five years and dismissal of the commissioner for human rights in the republic of kazakhstan pursuant to the proposal of the president of the republic of kazakhstan; approval of the appointment of the chairperson of national bank, the procurator general and the chairperson of the committee of national security by the president of the republic of kazakhstan; deprivation of inviolability of the procurator general, the chairperson and judges of the supreme court of the republic; [deleted by the law of 21 may 2007 n 254] performance of functions of the parliament of the republic on acceptance of the constitutional laws and laws in time absence of the majilis caused by the prescheduled termination of its powers; realization of other powers assigned by the constitution on the senate of the parliament. article 56 the following belongs to exclusive jurisdiction of the majilis: accepting for consideration drafts of the constitutional laws brought in parliament and laws and consideration of these drafts; by a majority of votes from total number of deputies of chamber consent to the president of the republic on appointment of the prime minister of republic; announcing regular elections of the president of the republic; realization of other powers assigned by the constitution on the majilis of the parliament. the majilis by a majority of votes from total number of deputies of the majilis at the initiative of not less than one-five from total number of deputies of majilis has the right to express a vote of no confidence in the government. article 57 each chamber of the parliament independently, without participation of the other chamber shall: appoint two members of the constitutional council to office; appoint two members for a five-year term to the central election commission and three members of the accounts committee for control over execution of the republican budget to office; delegate half of the members of the commission formed by parliament in the case envisaged by paragraph of article 47 of the constitution; elect half of the members of joint commissions of the chambers; terminate powers of the deputies of the chambers, as well as resolve the issues of depriving deputies of their deputy immunity at the proposal of the procurator general of the republic of kazakhstan; hold parliamentary hearings on the issues of its jurisdiction; have the right to hear reports of the members of the government of the republic concerning their activities at the initiative of no less than one-third of the total number of the deputies of the chambers. following the results of the hearing of the report by a majority of no less than two-thirds of the total number of the deputies of the chambers have the right to accept the request to the president of the republic of kazakhstan about the dismissal of a member of the government from office in the case of failure to comply with the laws of the republic. in this case, the president of the republic shall dismiss a member of the government from office; form coordinating and working bodies of the chambers; adopt procedural orders of their activities and other decisions on the issues connected with organization and the internal routine of the chambers. article 58 the chambers shall be headed by their chairpersons who are elected by the senate and the majilis from among the deputies who have perfect command of the state language, under secret ballot by majority of votes from the total number of the deputies of the chambers. the candidacy for the chairperson of the senate shall be nominated by the president of the republic of kazakhstan. the candidacy for the chairperson of the majilis shall be nominated by the deputies of the chamber. the chairpersons of the chambers may be recalled from office and also have the right to submit their resignation if the majority of the total number of the deputies of the chambers have voted against them. the chairpersons of parliament’s chambers shall: convene sessions of the chambers and preside over them; exercise general supervision in preparation of the issues under consideration by the chambers; nominate the candidacies of deputy chairpersons to the chambers; ensure the observance of the procedural orders in the activities of the chambers; supervise the activities of the coordinating bodies of the chambers; sign acts issued by the chambers; propose the candidacies of members to the constitutional council, the central election commission and the accounts committee for control over execution of the republican budget to the chambers for appointment to office; fulfill other duties assigned to them by the procedural orders of parliament. the chairperson of the majilis shall: open sessions of parliament; convene regular joint sessions of the chambers, preside at regular and extraordinary joint sessions of the chambers. the chairpersons of the chambers shall issue instructions on the items of their jurisdiction. article 59 parliament’s sessions shall proceed in the form of joint and separate sessions of its chambers. the first session of parliament shall be convened by the president of the republic of kazakhstan no later than thirty days from the day of publishing of the election results. regular sessions of the parliament shall be held once year from the first working day of september to the last working day of june. session of parliament, as a rule, shall be opened by the president of the republic and closed at joint sessions of the senate and majilis. in the period between parliament’s sessions, the president of the republic of kazakhstan may call an extraordinary session of the parliament on his own initiative, at the suggestion of the chairpersons of the chambers or no less than one-thirds from the total number of the deputies of the parliament. only the issues that were the reason for convocation shall be reviewed at this session. joint and separate sessions of the chambers shall be held on condition that no less than two-thirds from the total number of the deputies of each chamber are present. joint and separate sessions of the chambers shall be open. in cases stipulated by the procedural orders, sessions may be closed. the president of the republic, the prime minister and members of the government, the chairperson of national bank, the procurator general, the chairperson of the committee of national security shall have the right to be present at any session and be heard. article 60 the chambers shall form standing committees, the number of which shall not exceed seven in each chamber. the senate and majilis shall have the right to form joint commissions on parity basis for solution of issues dealing with the joint activity of the chambers. the committees and commissions shall issue resolutions on items of their jurisdictions. the procedure of formation, the powers and organization of the activities of the committees and commissions shall be determined by law. article 61 the right of a legislative initiative shall belong to the president the republic, the deputies of the parliament, to the government and shall be realized exclusively in the majilis. the president of the republic of kazakhstan shall have the right to determine the priority for the consideration of draft laws, meaning that the relevant draft laws should be adopted as a matter of priority within two months. parliament shall have the right to issue laws that regulate the most important public relations, establish fundamental principles and standards dealing with: legal capacity of individuals and legal entities, civil freedoms and rights, obligations and responsibility of individuals and legal entities; conditions of ownership and other rights of property; foundations of organization and activity of state bodies and bodies of local self-administration, state and military service; taxation, establishment and levying of duties and other obligatory payments; the republican budget; issues of the judicial system and legal proceedings; education, health care and social provision; privatization of enterprises and their property; environmental protection; administrative-territorial structure of the republic; ensuring defense and security of the state. all other relations shall be regulated by legislative acts. a draft of law considered and approved by the majority of votes from the total number of the deputies of the majilis shall be transmitted to the senate where it shall be considered for no more than sixty days. draft of law approved by the majority of votes of the total number of deputies of the senate shall become the law and shall be submitted to the president to be signed within ten days. draft of law rejected as whole by the majority of votes from the total number of the senate’s deputies shall be returned to the majilis. if the majilis approves the draft of law again by the majority of two-thirds of votes from the total number of its deputies, it shall be transferred to the senate for second discussion and voting. twice-rejected draft may not be submitted again during the same session. amendments and additions to draft of law proposed by the majority of votes from the total number of the senate’s deputies shall be sent to the majilis. if the majilis by the majority of votes from the total number of its deputies agrees with the proposed amendments and additions, the law shall be deemed to be adopted. if the majilis by the same majority of votes objects to the amendments and additions proposed by the senate, the disagreement between the chambers shall be resolved through conciliatory procedures. the draft of the constitutional law considered and approved not less than two-thirds of votes from the total number of the deputies of the majilis shall be transmitted to the senate where it shall be considered for no more than sixty days. adopted not less than two-thirds of votes of total number of deputies of the senate the draft shall become the constitutional law and within ten days shall be submitted to the president of the republic for the signature. the rejecting the whole draft of the constitutional law shall be carried out by majilis or the senate by the majority of votes from total number of the deputies of the chamber. brought by the senate not less than two thirds of votes of its deputies of changes and additions in the draft of the constitutional law shall direct to majilis. if the majilis not less than two-thirds of votes of its deputies shall agree with the changes brought by the senate and additions, the constitutional law shall be considered accepted. if the majilis at voting by the changes brought by the senate and additions shall be disagreed with them not less than two-thirds of votes of deputies disagreements between chambers shall be resolved by conciliation procedures. drafts of law envisioning reduction of state revenues or increase in state expenditures may be submitted only when supplied with the positive resolution of the government of the republic. for drafts of the acts brought in majilis of the parliament as the legislative initiative of the president of the republic, presence of such conclusion shall not be required. in the case when of a draft of law submitted by the government is not adopted, the prime-minister shall have the right to raise an issue of confidence in the government at a joint session of the chambers. voting on this issue shall be held not earlier than within forty-eight hours from the moment of calling for a vote of confidence. if the call for a vote of no confidence does not receive the majority of votes from total number of deputies of each of chambers, a draft of law shall be deemed adopted without voting. however, the government may not use this right more than twice a year. article 62 the parliament shall adopt legislative acts in the form of laws of the republic of kazakhstan, resolutions of the parliament, resolutions of the senate and the majilis having obligatory force on the entire territory of the republic. laws of the republic shall come into effect after they are signed by the president of the republic. amendments and additions to the constitution shall be introduced by the majority of no less than three-fourths of votes from the total number of the deputies of each chamber. constitutional laws shall be adopted on the issues stipulated by the constitution by the majority of no less than two-thirds of votes from the total number of the deputies of each chamber. legislative acts of the parliament and its chambers shall be adopted by the majority of votes from the total number of the deputies of the chambers unless otherwise stipulated by the constitution. no less than two readings introducing amendments and additions to the constitution of the republic of kazakhstan shall be obligatory. laws of the republic, resolutions of the parliament and its chambers must not contradict the constitution. resolutions of the parliament and its chambers must not contradict laws. the procedure for development, submission, discussion, bringing into effect and promulgation of legislative and other regulatory legal acts of the republic shall be regulated by special law and the procedural orders of parliament and its chambers. article 63 the president of the republic of kazakhstan after consultations of the chairpersons of the chambers of the parliament and the prime minister may dissolve the parliament or the majilis of the parliament. the parliament and the majilis of the parliament may not be dissolved in the period of a state of emergency or martial law, during the last six months of the president’s term, as well as within a year after a previous dissolution. section v. government article 64 the government shall implement the executive power of the republic of kazakhstan, head the system of executive bodies and exercise supervision of their activity. the government is a collegial body and in its activity is responsible to the president of the republic and the parliament. members of the government shall be accountable to the chambers of parliament in the case stipulated by paragraph of article 57 of the constitution. the jurisdiction, the procedure of organization and activity of the government shall be determined by constitutional law. article 65 the government shall be formed by the president of the republic of kazakhstan according to the procedure stipulated by this constitution. suggestions about the structure and composition of the government shall be submitted to the president of the republic of kazakhstan by the prime minister of the republic within ten days after his appointment. the members of the government shall take an oath to the people and president of kazakhstan. article 66 the government shall: develop the main directions of socio-economic policy of the state, its defense capability, security, guarantee of public order and organize their realization; in agreement with the president of the republic approves state programs and ensures their implementation; present to the parliament the republican budget and report about its performance, ensure implementation of the budget; introduce draft of laws into the majilis and ensure enforcement of laws; organize management of state property; develop measures for the conduct of the foreign policy of the republic of kazakhstan; manage the activity of ministries, state committees, other central and local executive bodies; annul or suspend completely or partially, the effect of acts of ministries, state committees, other central and local executive bodies of the republic; [deleted by the law of 10 march 2017 n 51-vi 3pk]; [deleted by law of 10 july 1998 n 284-i] approve a unified system of financing and labor payment for all bodies financed by the state budget of the republic in agreement with the president of the republic; perform other functions assigned to it by this constitution, laws and acts of the president. article 67 the prime minister of the republic of kazakhstan shall: organize and supervise the work of the government, personally answer for its work; [deleted by the law of 21 may 2007 n 254] sign resolutions of the government; report the main directions of the government’s activity and all of its important decisions to the president and the parliament; perform other functions connected with organization and supervision of the government’s activity. article 68 members of the government shall be independent in making decisions within their competence and bear personal responsibility before the prime minister for the activity of bodies subordinated to them. member of the government who does not agree with the policy, pursued by the government, or who does not pursue it shall resign or subjected to release from his office. members of the government shall not have right to be deputies of a representative body, hold other paid offices except teaching, scientific and other creative activities, engage in entrepreneurial activity, enter governing body or a supervisory board of a commercial organization, except for cases when it is their job responsibilities according to the legislation. article 69 the government of the republic of kazakhstan shall issue resolutions on the items of its jurisdiction having obligatory force on the entire territory of the republic. the prime minister of the republic shall issue directions having mandatory force on the entire territory of the republic. resolutions of the government and directions of the prime minister must not contradict the constitution, legislative acts, decrees and resolutions of the president of the republic. article 70 the government shall resign its powers to the newly elected majilis of the parliament of the republic. the government and any of its members shall have the right to submit resignation to the president of the republic of kazakhstan if they consider further performance of the functions assigned to them to be impossible. the government shall submit its resignation to the president of the republic of kazakhstan in the event that majilis of the parliament or the parliament pass a vote of no confidence in the government. the president of the republic within period of ten days shall consider the issue of accepting or declining the resignation. acceptance of the resignation shall denote the termination of the powers of the government or respective member. acceptance of the resignation of the prime minister shall denote the termination of the powers of the entire government. in the event that the resignation of the government or its member is declined, the president shall charge the government or its member with continued performance of their responsibilities. the president of the republic shall have the right on his own initiative to adopt decision to terminate the powers of the government and to release any of its members from their offices. the release of the prime minister from office shall denote the termination of the powers of the entire government. section vi. the constitutional council article 71 the constitutional council of the republic of kazakhstan shall consist of seven members whose powers shall last for six years. the ex-presidents of the republic shall have the right to be life-long members of the constitutional council. the chairperson of the constitutional council shall be appointed by the president of the republic, and in case the votes are equally divided, his vote shall be decisive. two members of the constitutional council shall be appointed by the president of the republic, on two members shall be appointed accordingly by the senate and the majilis. half of the members of the constitutional council shall be renewed every three years. the chairperson and members of the constitutional council shall not be deputies, hold paid offices except teaching, scientific or other creative activities, engage in entrepreneurial activity, enter governing body or supervisory board of commercial organization. the chairperson and members of the constitutional council during their term in office may not be arrested, subject to detention, measures of administrative punishment imposed by court of law, arraigned on criminal charge without the consent of parliament, except in cases of being apprehended on the scene of crime or committing grave crimes. organization and activity of the constitutional council shall be regulated by constitutional law. article 72 the constitutional council by appeal of the president of the republic of kazakhstan, the chairperson of the senate, the chairperson of majilis, not less than one-fifth of the total number of deputies of parliament, the prime minister shall: decide on the correctness of conducting the elections of the president of the republic, deputies of parliament, and conducting an all-nation referendum in case of dispute; consider the laws adopted by parliament with respect to their compliance with the constitution of the republic before they are signed by the president; consider the decisions adopted by the parliament and its chambers to their compliance with the constitution of the republic; consider the international treaties of the republic with respect to their compliance with the constitution, before they are ratified; officially interpret the standards of the constitution; conclude in cases stipulated by paragraphs and of article 47 of the constitution. the constitutional council shall consider requests of the president of the republic in cases set forth in subparagraph 10-1) of article 44 of the constitution, as well as inquiries of the courts in cases established by article 78 of the constitution. article 73 the inauguration of the president, registration of the elected deputies of parliament or results of all-nation referendum shall be suspended in cases of appeal to the constitutional council on issues mentioned in subparagraph 1) of paragraph of article 72 of the constitution. the term of signing or ratifying of the corresponding acts shall be suspended in case of appeal to the constitutional council on issues mentioned in subparagraphs 2) and 3) of paragraph of article 72 of the constitution. the constitutional council shall pass resolution within one month from the day of appeal. this period of time, at the demand of the president or the republic, may be shortened by 10 days if the issue is urgent. [deleted by the law of 10 march 2017 n 51-vi 3pk]; article 74 laws and international treaties recognized not to be in compliance with the constitution of the republic of kazakhstan, may not be signed or, accordingly, ratified and brought into effect. laws and other regulatory legal acts that are recognized as unconstitutional, including those infringing the rights and freedoms of an individual and citizen provided for by the constitution are subject to cancellation and shall not be in effect. resolutions of the constitutional council shall come into effect from the day they are adopted, shall be binding on the entire territory of the republic, final and not subject to appeal. section vii. court and justice article 75 justice in the republic of kazakhstan shall be exercised only by the court. judicial power shall be exercised through the constitutional, civil, administrative, criminal and other forms of judicial procedure as established by law. in cases, stipulated by law, criminal procedure shall be carried out with participation of jurymen. the courts of the republic shall be the supreme court of the republic, local and other courts of the republic established by law. the judicial system of the republic shall be established by the constitution of the republic and the constitutional law. the establishment of special and extraordinary courts under any name shall not be allowed. article 76 judicial power shall be exercised on behalf of the republic of kazakhstan and shall be intended to protect the rights, freedoms, and legal interests of the citizens and organizations for ensuring the observance of the constitution, laws, other regulatory legal acts, and shall ensure international treaties of the republic. judicial power shall be extended to all cases and disputes arising on the basis of this constitution, laws, other regulatory legal acts, international treaties of the republic. decisions, sentences and other judgments of courts shall have an obligatory force on the entire territory of the republic. article 77 a judge when executing justice shall be independent and subordinate only to the constitution and the law. any interference in the activity of the court in the exercise of justice shall be inadmissible and accountable by the law. judges shall not be held accountable with regard to specific cases. in application of law judge must be guided by the following principles: person shall be considered to be innocent of committing crime until his guilt is established by court’s sentence that has come into force; no one may be subject twice to criminal or administrative prosecution for one and the same offense; no one may have his jurisdiction, as stipulated by law changed without his consent; everyone shall have the right to be heard in court; the laws establishing or intensifying liability, imposing new responsibilities on the citizens or deteriorating their conditions shall have no retroactive force. if after the commitment of an offense accountability for it is canceled by law or reduced, the new law shall be applied; the accused shall not be obligated to prove his innocence; no person shall be compelled to give testimony against oneself, one’s spouse and close relatives whose circle is determined by law. the clergy shall not be obligated to testify against those who confided in them with some information at confession; any doubts of person’s guilt shall be interpreted in the favor of the accused; evidence obtained by illegal means shall have no juridical force. no person may be sentenced on the basis of his own admission of guilt; application of the criminal law by analogy shall not be allowed. the principles of justice established by the constitution shall be common and uniform for all courts and judges in the republic. article 78 the courts shall have no right to apply laws and other regulatory legal acts infringing on the rights and liberties of an individual and citizen established by the constitution. if court finds that law or other regulatory legal act subject to application infringes on the rights and liberties of an individual and citizen it shall suspend legal proceedings and address the constitutional council with proposal to declare that law unconstitutional. article 79 courts shall consist of permanent judges whose independence shall be protected by the constitution and law. judge’s powers may be terminated or suspended exclusively on the grounds established by law. a judge may not be arrested, subject to detention, measures of administrative punishment, imposed by court of law, arraigned on criminal charge without the consent of the president of the republic of kazakhstan based on conclusion of the highest judicial council of the republic or in case stipulated by paragraph 3) of article 55 of the constitution; without the consent of senate except for the cases of being apprehended on the scene of crime or committing grave crimes. the criteria applying to the judges of the courts of the republic shall be determined by constitutional law. the office of judge shall be incompatible with deputy’s mandate, holding other paid offices except teaching, research or other creative activity engaging in other entrepreneurial activity, or being member of managing body or supervisory board of commercial enterprise. article 80 financing of courts, provision of judges with housing shall be performed from the republican budget and must ensure the possibility of complete and free exercise of justice. article 81 the supreme court of the republic of kazakhstan is the highest judicial body for civil, criminal and other cases examinable by local and other courts in cases stipulated by law and shall consider legal cases within its jurisdiction and provide interpretations on judicial practice. article 82 the chairperson and judges of the supreme court of the republic of kazakhstan shall be elected by the senate at the proposal of the president of the republic, based on a recommendation of the highest judicial council. the chairpersons and judges of local and other courts shall be appointed by the president of the republic at the recommendation of the highest judicial court. in courts according to the constitutional law judicial boards can be created. the order of investment with powers of chairperson of judicial boards shall be defined by the constitutional law. the highest judicial council shall consist of the chairperson and two other persons, who are appointed by the president of the republic. the status the organization of work of the highest judicial council shall be determined by law. article 83 within the limits and forms stipulated by law the prosecutor's office on behalf of the state shall exercise the highest supervision over observance of the law in the republic of kazakhstan, represent the state's interests in courts and conduct criminal prosecutions on behalf of the state. the procurator’s office of the republic shall be unified centralized system with subordination of junior procurators to their seniors and the procurator general of the republic. it shall exercise its authorities independently of other state bodies and officials and be accountable only to the president of the republic. the procurator general of the republic during the term of his office may not be arrested, subject to detention, measures of administrative punishment imposed by court of law, arraigned on criminal charge without the consent of the senate except for the cases of being apprehended on the scene of crime or committing grave crimes. the term of the procurator general shall be five years. the jurisdiction, organization and procedure of the activity of the procurator’s office of the republic shall be determined by law. article 84 [deleted by the law of 21 may 2007 n 254] section viii. local public administration and self-administration article 85 local public administration shall be exercised by local representative and executive bodies which are responsible for the state of affairs of the respective territory. article 86 local representative bodies maslikhats shall express the will of the population of respective administrative-territorial units and with regard to the common public interests shall determine the measures needed for its realization, and control their implementation. maslikhats shall be elected by the population on the basis of universal, equal suffrage under secret ballot for a five-year term. a deputy of maslikhat may be citizen of the republic of kazakhstan who has reached twenty years of age. citizen of the republic may be deputy of only one maslikhat. the jurisdiction of maslikhats shall include: approval of plans, economic and social programs for development of the territory, local budget and reports of their performance; decision of issues of local administrative-territorial organization in their jurisdiction; consideration of reports by heads of local executive bodies on the issues delegated by law to the jurisdiction of maslikhat; formation of standing commissions and other working bodies of maslikhat, nearing reports about their activity, decision of other issues connected with organization of the work of maslikhat; exercise other authorities for insuring of the rights and legitimate interests of citizens in accordance with the legislation of the republic. the powers of a maslikhat shall be prematurely terminated by the president of the republic after consultation with the prime minister and the chairpersons of chambers of the parliament, and also in the case of the adoption of a decision about self-dissolution. the jurisdiction of maslikhats, procedure of their organization and activity, and legal status of their deputies shall be established by law. article 87 local executive bodies shall be part of unified system of the executive bodies of the republic of kazakhstan, and ensure conduct of the general state policy of the executive power in conjunction with the interests and development needs of the respective territory. the jurisdiction of local executive bodies shall include: development of drafts of plans, economic and social programs for development of the territory, local budget and provision of their realization; management of public property; appointment to and release from office the heads of local executive bodies, resolution of other issues connected with organization of the work of local executive bodies; exercise other powers delegated to local executive bodies by the legislation of the republic in the interests of local public administration. a local executive body shall be headed by an akim of the respective administrative-territorial unit who is representative of the president and the government of the republic. akims of the oblasts, major cities and the capital shall be appointed to office by the president of the republic from the consent maslikhats accordingly oblasts, major cities and the capital. akims of other administrative-territorial units shall be appointed or elected to office and dismissed in the manner determined by law. the president of the republic shall have the right to release akims from office at his own discretion. at the initiative of not less than one-fifth from total number of deputies of maslikhat can be brought to the question on expression of a vote of no confidence in the akim. in this case maslikhat by a majority of votes from total number of its deputies have the right to express non-confidence in the akim and raise the issue of his release from office respectively before the president of the republic or a senior akim. the powers of akims of the oblasts, the major cities and the capital shall terminate when a newly elected president assumes office. the jurisdiction of local executive bodies, organization and procedure of their activity shall be established by law. article 88 maslikhats shall adopt decisions on the issues of their jurisdiction, akims shall adopt decisions and resolutions which are binding on the territory of the respective administrative-territorial unit. drafts of decisions of maslikhats envisioning reduction of local budgetary revenues or an increase of local budgetary expenditures may be submitted for consideration only with positive resolution of the akim. decisions of maslikhats not corresponding to the constitution and the laws of the republic of kazakhstan may be annulled by legal process. decisions and resolutions of akims may be respectively annulled by the president, the government of the republic of kazakhstan or senior akim, as well as by legal process. article 89 in the republic of kazakhstan, local self-administration which ensures that the issues of local significance shall be resolved independently by the population, shall be recognized. local self-administration shall be exercised by the population directly as well as through maslikhats and other bodies of local self-administration in local communities, covering the territories, on which groups of the population live compactly. the realization of state functions shall be delegated to local self-administration according to the law. the organization and the activity of local self-administration shall be regulated by the law. the independence of the bodies of local self-administration shall be guaranteed within the limits of their powers established by law. section ix. concluding and transitional provisions article 90 the constitution of the republic of kazakhstan adopted at an all-nation referendum shall come into effect from the day of official publication of the results of the referendum with the simultaneous termination of the functioning of the previously adopted constitution of the republic of kazakhstan. the day of adoption of the constitution at the all-nation referendum shall be proclaimed national holiday the constitution day of the republic of kazakhstan. article 91 amendments and additions to the constitution of the republic of kazakhstan may be introduced only by an all-nation referendum held by the decision of the president of the republic made on his own initiative, at the recommendation of parliament or the government. the draft of amendments and additions to the constitution shall not be submitted to an all-nation referendum if the president decides to pass it to the consideration of parliament. in this case, parliament’s decision shall be adopted according to the procedure established by this constitution. in case the president of the republic refuses the proposal of the parliament on submission of amendments and additions to the constitution for the consideration of the republican referendum, the parliament has the right by majority of not less than four-fifths of votes of the total number of deputies of each chamber of the parliament to adopt the law on making of these amendments and additions to the constitution. in such case the president of the republic shall sign this law or submit it for the consideration of the republican referendum which shall be deemed valid if more than half of the republican citizens, possessing the right to participate in the republican referendum, take part in it. amendments and additions to the constitution, which are submitted for the consideration of the republican referendum, shall be deemed adopted, if more than half of citizens, taking part in it, vote for it, not less than in two-thirds of the oblasts, major cities and the capital. the independence of the state, the unitary status and territorial integrity of the republic, the forms of government, as well as the fundamental principles of the republic laid down by the founder of independent kazakhstan, the first president of the republic of kazakhstan elbasy, and his status established by the constitution may not be changed. amendments and supplements to the constitution of the republic shall be submitted to the republican referendum or for consideration of the parliament of the republic provided that there is an opinion of the constitutional council on their compliance with the requirements stipulated in paragraph 2 of this article. article 92 the constitutional laws must be adopted within year from the day of enactment of the constitution. if the laws called constitutional in the constitution or the acts having the force thereof have been adopted by the moment of enactment of the constitution, they are brought into accordance with the constitution and deemed to be the constitutional laws of the republic of kazakhstan. other laws named in the constitution must be adopted according to the procedure and within the terms determined by the parliament but no later than two years after the enactment of the constitution. the decrees of the president of the republic published within the term of his exercise of additional powers in accordance with the law of the republic of kazakhstan from december 10, 1993 “on temporary delegation of additional powers to the president of the republic of kazakhstan and heads of local administration” and having the force of law shall attain the force of law and may be altered, amended or annulled according to the procedure stipulated for alteration, amendment or annulment of the laws of the republic. the decrees of the president of the republic published within term he exercises additional powers on the issues stipulated by paragraphs 12-15, 18 and 20 of article 64 of the constitution of the republic of kazakhstan adopted on january 28, 1993 shall not be subject to approval by parliament of the republic. the legislation of the republic of kazakhstan functioning at the moment of enactment of this constitution shall be applied in the part that does not contradict it and within two years from the day of the adoption of the constitution must be brought into accordance with it. article 93 with the purpose of implementation of article of the constitution, the government, local representative and executive bodies must create all necessary organizational, material and technical conditions for fluent and free-of-charge mastery of the state language by all citizens of the republic of kazakhstan in accordance with special law. article 94 the president of the republic of kazakhstan elected in accordance with the legislation of the republic of kazakhstan functioning at the moment of enactment of this constitution shall acquire the powers of the president of the republic of kazakhstan stipulated by it and exercise them during the term established by the decision adopted at the all-nation referendum of april 29, 1995. by consent of the president of the republic of kazakhstan the present term of the powers of the president of the republic may be reduced by resolution of the parliament of the republic, adopted at the joint session of its chambers by the majority of votes of the total number of deputies of each chamber. in such case the majilis of the parliament within one month shall order elections of the president of the republic of kazakhstan. the president of the republic, elected according to the results of these elections, shall take the oath within one month since the day of publication of the results of elections and exercise his duties before taking office of the president of the republic, elected in regular presidential elections, which shall be held after the expiration of seven-year term on the first sunday of december. the vice-president of the republic of kazakhstan elected in accordance with the legislation of the republic of kazakhstan functioning at the moment of enactment this constitution shall preserve his powers until the expiration of the term for which he was elected. article 94-1 position of paragraph 1 of article 41 of the constitution, defining a term of powers of the president of the republic, shall be applied to the person who will be elected by the president of the republic following the results of presidential election spent in connection with the expiration of a seven-year term of powers of the president of the republic, elected in the elections on december 4th 2005. article 95 one half of the deputies of the senate of the first con vocation shall be elected for four-year term, the other half of the deputies shall be elected for two-year term in the procedure, established by constitutional law. provisions of the constitution of the republic of kazakhstan on elections of deputies of the majilis of the parliament on the basis of party lists shall be applied from the beginning of elections of deputies of the majilis of the parliament of the second convocation. article 96 the cabinet of ministers of the republic of kazakhstan from the day of enactment of this constitution shall acquire the rights, obligations and responsibility of the government of the republic of kazakhstan. article 97 the first composition of the constitutional council of the republic of kazakhstan shall be formed in the following manner: the president of the republic, the chairperson of the senate of parliament, the chairperson of the majilis of parliament shall each appoint one member to the constitutional council for three-year term and shall each appoint one member to the constitutional council for six-year term. the chairperson of the constitutional council shall be appointed by the president of the republic for six-year term. article 98 the justice and investigation bodies stipulated by this constitution shall be formed according to the procedure and within the terms stipulated by the respective laws. the functioning juridical and inquiry bodies shall retain their powers until new bodies are formed. judges of the supreme court and the highest arbitration court and local courts of the republic of kazakhstan shall retain their powers until the formation of courts, as stipulated by the constitution. vacant offices of judges shall be filled according to the procedure, established by the constitution. preamble the multi-ethnic lao people have existed and developed on this beloved land for thousands of years. starting from the middle of the 14th century, during the time of chao fa ngum, our ancestors founded the unified lane xang country and built it into a prosperous land. since the 18th century, the lao land has been repeatedly threatened and invaded by outside powers. our people enhanced the heroic and unyielding traditions of their ancestors and continually and persistently fought to gain independence and freedom. since the 1930's, under the correct leadership of the former indochinese communist party and the present lao people's revolutionary party, the multi-ethnic lao people have carried out difficult and arduous struggles full of great sacrifices until they managed to crush the yokes of domination and oppression, tumble the colonial and feudal regimes, completely liberate the country and establish the lao people's democratic republic on 2 december 1975, thus opening a new era an era of genuine independence for the country and true freedom for the people. during the years since the country has been liberated, under the leadership of lao revolutionary party, our people have together been implementing the two strategic tasks of defending and building the country, especially the undertaking of reforms on every side, guided by the principles of mobilizing the resources within the nation and the era to preserve the people's democratic regime, the people's wealth, prosperity, social harmony, democracy, justice and civilization, creating conditions to move towards socialism. in this new era, social life requires that the state must focus on the management of state, through socio-economic by-laws, and therefore the first constitution of the lao people's democratic republic was established and promulgated on 15 august 1991. in order to meet the requirements for the implementation on the new changes of policy, the first constitution was amended and promulgated in 2003; the amended constitution in 2015 focuses on the improvement of state power to have greater efficiency, create a new turn toward the protection and construction of the country, and integrate the economy within the region and globe in the new era. the constitution of the people's democratic regime in our country has acknowledged the major result that the people have victoriously achieved in undertaking and liberating the country, protecting and building the country, as well as the undertaking of the new changes. the constitution defines the political regime, the socio-economic system, the regimes of national security, defence, foreign affairs, the rights and obligations of citizens and the system of organization of the state apparatus in the new era. this constitution is the fruit of the process of the people's discussions throughout the country. it reflects the long-standing aspirations and strong determination of the national community to strive together to fulfill the objective of building laos into a country of peace, independence, democracy, unity and prosperity. chapter i. the political regime article 1 the lao people's democratic republic is an independent country with sovereignty and territorial integrity over its territorial waters and airspace. it is a unified country belonging to all its multi-ethnic people and is indivisible. article 2 the state of the lao people's democratic republic is a people's democratic state. all powers belong to the people, [and are exercised] by the people and for the interests of the multi-ethnic people of all social strata with the workers, farmers and intelligentsia as key components. article 3 the rights of the multi-ethnic people to be the masters of the country are exercised and ensured through the functioning of the political system with the lao people's revolutionary party as its leading nucleus. article 4 (amended) the people are to elect representatives, namely the national assembly and the local people's assemblies, to ensure that their rights, powers and benefits are addressed. the election of members of the national assembly and the local people's assemblies shall be carried out through the principles of universal equal direct suffrage and secret balloting. voters have the right to propose the removal of their own representatives if they are found to behave in a way unbefitting their [honorable positions] and to lose the people's confidence. article 5 (amended) the national assembly, the local people's assemblies and other state organizations are established and function in accordance with the principle of democratic centralism. article 6 (amended) the state protects the freedom and democratic rights of the people which cannot be violated by anyone. all state organizations and government officials must disseminate and create awareness of all policies, regulations and laws among the people and, together with the people, and strictly organize their implementation in order to guarantee the legitimate rights and interests of the people. all acts of domination and harassment that can be detrimental to the people's honor, physical well-being, lives, consciences and property are prohibited. article 7 (amended) the lao front for national construction, the lao veterans federation, the lao federation of trade unions, the lao people's revolutionary youth union, the lao women's union and other social organizations are the organizations to unite and mobilize all strata of the multi-ethnic people to take part in the tasks of protection and construction of the country, to develop the right of self-determination of the people, and to protect the legitimate rights and interests of members of their respective organizations. they have the right and duty to monitor the activities of the national assembly, local people's assemblies and other members of such assemblies. article 8 (amended) the state pursues the policy of promoting unity and equality among all ethnic groups. all ethnic groups have the right to protect, preserve and promote the fine customs and cultures of their own tribes and of the nation. all acts creating division and discrimination among ethnic groups are prohibited. the state uses every measure to gradually develop and upgrade the socio-economic levels of all ethnic groups. article 9 (amended) the state respects and protects all lawful activities of buddhists and of followers of other religions, [and] mobilizes and encourages buddhist monks and novices as well as the priests of other religions to participate in activities that are beneficial to the country and people. all acts creating division between religions and classes of people are prohibited. article 10 (amended) the state manages and protects the society through the provisions of the constitution and the laws. party and state organizations, the lao front for national construction, mass organizations, social organizations and all citizens must function within the bounds of the constitution and the laws. article 11 (amended) the state implements in all aspects the policy of national defence and security for all people, improving the strong national defence, implements a modern plan, and is loyal to the country and the people; has the ability to carry out the duty to protect the gains of the revolution, the lives, properties and hard work of the people; and contributes to the tasks of national development in order to progress to enrichment and strength. article 12 the lao people's democratic republic pursues a foreign policy of peace, independence, friendship and cooperation, and promotes relations and cooperation with all countries on the basis of the [following] principles: peaceful coexistence; respect for each other's independence, sovereignty and territorial integrity; non-interference in each other's internal affairs; and equality and mutual benefit. the lao people's democratic republic supports the struggle of the world's people for peace, national independence, democracy and social progress. chapter ii. the socio-economic regime article 13 (amended) the national economy of the lao people's democratic republic is the market-oriented economy that follows the socialist path which consists of divergent economic forms and various forms of entrepreneurship, with sustainability, equality, competitiveness, and collaboration under the law; it promotes local wisdom, promotes regional and international economic integration to ensure sustainable, robust, and continuous economic growth while ensuring the sustainability of social development and environment, so as to ensure the mental, physical and economic wellbeing of the lao people. article 14 the state promotes investment by all domestic economic sectors in production, commerce, and services, to contribute to the industrial transformation and modernization of, and to develop and strengthen, the national economy. article 15 (amended) the state promotes foreign investment in the lao people's democratic republic, [and] creates favorable conditions for the injection of capital, for the use of technology and for introducing modern types of management into production, businesses and services. the lawful assets and capital of investors in the lao people's democratic republic shall not be confiscated, seized or nationalized by the state. article 16 the state protects and promotes all forms of property rights: state, collective, private domestic and foreign investment in the lao people's democratic republic. article 17 (amended) the state protects the property rights (such as the rights of possession, use, exploitation and disposition) and the inheritance rights of individuals, legal entities and organizations in accordance with the laws. land, minerals, water, air, forests and forest products, aquatic life, wildlife and other natural resources all belong to the nation's community with the lao government as the centralized and unified representative to manage those resources under laws of lao pdr. article 18 (amended) the state manages the economy in accordance with the mechanism of the market economy governed by laws, increasing the role to manage the central sectors, to implement the principle of combining centralized management through the consensus of central authorities with the delegation of responsibilities to local authorities in accordance with the laws and regulations. article 19 (amended) the state promotes the protection and restoration of the environment which has been destroyed and degraded to develop it so that it may become abundant and sustainable. all organizations and citizens must protect and preserve the bio-diversity and use natural resources in line with the direction of ensuring sustainability article 20 (amended) the lao people's democratic republic implements open policies on economic cooperation with foreign countries in different ways, on a multilateral basis and in different forms on the basis of the [following] principles[:] respect for each other's independence, sovereignty, equality and mutual benefit. article 21 (amended) the state attaches great importance to the development of the economy in conjunction with cultural development and sustainable environment by giving priority to human resource development. article 22 (amended) the state focuses on implementing the policy on the national education in order to build good citizens with competence, knowledge, abilities and technical skills. the state and society attends to developing high quality national education, to create opportunities and [favorable] conditions in education for all people throughout the country, especially people in remote areas, ethnic groups, women, children, disadvantaged people and disabled people. the state promotes private sector investment in the development of national education in accordance with the laws. article 23 the state promotes preservation of the national culture which is representative of the fine tradition of the country and its ethnic people while accepting selected progressive cultures from around the world. the state promotes cultural activities, fine arts and invention, manages and protects the cultural, historical and natural heritage and maintains antiques and historical places. the state attends to improving and expanding mass media activities for the purpose of national building and protection. all cultural and mass media activities which are detrimental to national interests or the fine traditional culture and dignity of lao people are prohibited. article 24 (amended) the state focuses on promoting knowledge and invention in scientific, academic and technological research and development, innovation, [and] protecting intellectual property while building up a community of scientists to promote industrialization and modernization. article 25 (amended) the state focuses on improving and expanding public health services to take care and promote the people's health. the state and society focus on building, improving disease prevention systems, providing health care to all people with quality, creating conditions to ensure that all people have access to health care, especially women and children, poor people and people in remote areas, to ensure the people's good health. the state promotes private sector investment in public health services to advanced and modernize them. all health services are prohibited from violating the laws and regulations. article 26 the state and society attend to encouraging, supporting and investing in public sports activities, including traditional and international sports, [in order to] upgrade abilities in sport and to strengthen people's health. article 27 the state and society attend to developing skilled labor, upgrading labor discipline, promoting vocational skills and occupations and protecting the legitimate rights and benefits of workers. article 28 the state and society attend to implementing policies on social security, especially towards national heroes, soldiers, retired civil servants, disabled people, [and the] families of those who have sacrificed their lives for the revolution and who have contributed extensively to the nation. article 29 the state, society and families attend to implementing development policies and supporting the progress of women and to protecting the legitimate rights and benefits of women and children. article 30 (amended) the state and society promote opening up the country and developing cultural and historical tourism and eco-tourism to create a tourist industry with unique characteristics as an important economic sector of the nation. tourism which is detrimental to the fine culture of the nation or violates the laws is prohibited. chapter iii. national defence and security article 31 (amended) national defence and security are the obligations and duties of all organizations and lao citizens, with the national defence and security forces as the main forces to protect the independence, sovereignty and territorial integrity of the nation; protecting lives and people's property, [and] ensuring a stable and sustainable people's democracy. national defence and security are carried out in parallel with socio-economic development and environmental protection. article 32 (amended) the national defence and security forces must improve and strengthen themselves, enhance their loyalty to the nation, serve as the people's military force with real revolutionary spirit, [observe] strict rules and modern plans having high military competence, and be the main forces to ensure national stability, peace, social order and attend to prevent, fight and resolve natural disasters. the state focuses on developing the fundamentals of defence and security, supplying materials, techniques, technology, transportation, equipment and upgrading the knowledge, ability, professional skills, strategy and tactics of the national defence and security forces. article 33 the state and society attend to implementing policies to ensure that the physical and mental condition of the national defence and security forces is well maintained and to providing incentives to rear echelons of the national defence and security forces to increase the capacity to protect the nation and maintain peace in the society. the national defence and security forces must endeavour to become self reliant and stronger in order to ensure implementation of tasks and attend to national development. chapter iv. fundamental rights and obligations of citizens article 34 (amended) lao citizens are persons who hold lao nationality as provided by the laws. the state acknowledges, respects, protects and ensure the human rights and fundamental rights of citizens in accordance with the laws. article 35 lao citizens are all equal before the law irrespective of their gender, social status, education, beliefs and ethnic group. article 36 (amended) lao citizens aged eighteen years and above have the right to vote and those aged twenty years and above have the right to be elected, except insane persons, persons with mental disorders and persons whose rights to vote and to be elected have been revoked by a court. article 37 citizens of both genders enjoy equal rights in the political, economic, cultural and social fields and in family affairs. article 38 (amended) lao citizens have the right to research, education, and learning in order to develop themselves toward an advanced level. article 39 lao citizens have the right to work and engage in occupations which are not contrary to the laws. working people have the right to rest, to receive medical treatment in times of illness, [and] to receive assistance in the event of incapacity or disability, in old age, and in other cases as provided by the laws. article 40 lao citizens have the freedom of settlement and movement as provided by the laws. article 41 (amended) lao citizens have the right to propose, lodge complaints and petitions to the relevant state organizations in connection with issues pertaining to the public interest or to their own rights and interests. proposals, complaints and petitions of citizens must be examined and resolved as provided by the laws. article 42 (amended) lao citizens have the right to prevent the violations to their life, body, integrity and properties. lao citizens will not be arrested, imprison or searched without the order of the public prosecutor or the people's courts, except if otherwise provided by the laws. article 43 (amended) lao citizens have the right and freedom to believe or not to believe in religions which are not contrary to the laws. article 44 lao citizens have the right and freedom of speech, press and assembly; and have the right to set up associations and to stage demonstrations which are not contrary to the laws. article 45 (amended) lao citizens have the right and freedom to conduct research and apply scientific technologies and innovation; to create artistic and literary works [;] and to engage in cultural activities which are not contrary to the laws. article 46 the state protects the legitimate rights and interests of lao citizens residing abroad. article 47 (amended) lao citizens have the obligation to respect and implement the constitution and the laws, to strictly observe labor discipline, [and to comply with] the regulations relating to social life and public order. article 48 lao citizens have the obligation to pay duties and taxes in accordance with the laws. article 49 lao citizens have the obligation to defend the country, to maintain the security and to fulfil military service obligations as provided by the laws. article 50 (amended) the rights and freedoms of aliens and people without nationality are protected by the laws of the lao people's democratic republic. they have the right to file proposal, claims in the courts and [to lodge petitions with] other concerned organizations, have the obligation to respect the constitution and laws of the lao people's democratic republic. foreigners who have contributed good deeds to the country and have a significant standing and contributions to the protections and constructions of the nation have the right to gain citizenship with honor of the lao people's democratic republic. article 51 the lao people's democratic republic grants asylum to foreigners who are persecuted for their struggle for freedom, justice, peace and scientific causes. chapter v. national assembly article 52 (amended) the national assembly is the representative body of the rights and interests of the multi-ethnic people; it is the highest power organization of the state. the national assembly is also the legislative branch to perform the role to adopt the constitution and laws, make decisions on fundamental issues of the country and to monitor the implementation of the constitution and laws by the state organizations. article 53 (amended) the national assembly has the following rights and duties: to consider [and] approve the constitution and laws; to consider and approve strategic plans, the socio-economic development plan, state budget plan and the amended state budget plan; to consider [and] approve the fundamental policy of finance, money, the percentage of state budget deficit, the percentage of government debt and the percentage of public debt; to consider [and] approve the determination, amendment, cancellation or exemption of taxes and duties; to oversee the observance and implementation of the constitution and laws of the state organizations; to elect or remove the president, the vice-president and members of the national assembly standing committee; to elect or remove the president and vice-president of the state based on the recommendation of the national assembly standing committee; to elect or remove the prime minister based on the recommendation of the president of the state; to elect or remove the supreme public prosecutor, the president of the people's supreme court and the president of state audit based on the recommendation of the president of the state; to consider and approve the proposed appointment or removal of the president, vice-president of the committee and secretary general of the national assembly based on the recommendation of the national assembly standing committee; to consider and approve the proposed appointment or removal of members of the government based on the recommendation of the prime minister; to consider and approve the proposed appointment or removal of judges of the people's supreme court based on the recommendation of the president of the people's supreme court; to consider and approve the organizational structure of the national assembly, including the establishment, merging and separation of committees, and the board of secretariat of the national assembly; to consider and approve the organizational structure of the government, including establishment, dissolution, merging and division of ministries and equivalent bodies, provinces and municipalities based on the recommendation of the prime minister; to consider and determine the boundaries of the provinces [and] capital city based on the recommendation of the prime minister; to consider to dissolve the people assembly of the provinces in the event that the people assembly has caused significant damage to the interest of the people and country; to consider and approve the granting of amnesties based on the recommendation of the national assembly standing committee; to consider and approve the ratification of or withdraw from treaties and agreements to which lao pdr has become a party and international agreements based on the recommendation of the prime minister; to consider and approve on matters of war or peace based on the recommendation of the president of the state; to cancel the legislation of other sectors which contradict with the constitution and laws, except the decision on the court proceeding of public prosecutor and people's court; to assign the right to the national assembly standing committee to decide on necessary and urgent matters, subject to subsequent reporting to the national assembly meeting. article 54 (amended) the term of office of each national assembly legislature is five years. members of the national assembly are elected by the lao citizens in accordance with the laws. the election of a new national assembly legislature must be completed within sixty days prior to the expiration of the term of office of the incumbent national assembly [legislature]. in the case of war or any other circumstance that obstructs the election, an [incumbent] national assembly [legislature] may extend its term of office but it must carry out the election of the new national assembly no later than six months after the situation returns to normal. if deemed necessary by the vote of at least two-thirds of all members of the national assembly attending the session, such [incumbent] national assembly [legislature] may carry out the election of [new] members prior to the expiration of its term. article 55 (amended) the national assembly standing committee is the permanent body of the national assembly, and is to carry out duties on behalf of the national assembly during the recess of the national assembly. the national assembly standing committee consists of the president, the vice-president and a number of members. the president and vice-president of the national assembly are also the president and vice-president of the national assembly standing committee. article 56 (amended) the national assembly standing committee has the following rights and duties: to prepare and summon the national assembly into session; to interpret and explain the provisions of the constitution and the laws, and to propose to establish a new law; to propose the draft decree to the president of the state; to appoint, transfer or remove judges of the people's supreme court, the president, vice-president and judges of the people's court based on the recommendation of the president of the people's supreme court; to appoint the national election committee; to decide on granting amnesties under treaties to which lao pdr has become a party and international agreements based on the recommendation of the prime minister; to receive and consider applications from the people for justice. article 57 (amended) the national assembly convenes its ordinary session twice a year; the national assembly standing committee may convene an extraordinary session of the national assembly if it deems it necessary. the national assembly sessions shall be convened only with the presence of more than one-half of the total number of the national assembly members. article 58 (new) resolutions of the national assembly shall be valid only when they are voted for by more than one-half of the number of the national assembly members present at the session, except as otherwise provided in articles 54, 66, 68 and 118 of this constitution. article 59 (amended) the organizations and persons that have the right to propose draft laws are as follows: the president of the state; the national assembly standing committee; the government; the office of the supreme public prosecutor; the people's supreme court; the state audit authority; [and] the lao front for national construction and the mass organizations at the central level. article 60 (amended) laws already adopted by the national assembly must be promulgated by the president of the state no later than thirty days after their adoption. during this period, the president of the state has the right to request the national assembly to reconsider [such laws]. if the national assembly affirms its previous decision after reconsidering such laws, the president of the state must promulgate them within fifteen days. laws which are promulgated by the president will be effective upon publication within 15 days in the official gazette, except as provided in the specific law. article 61 (amended) questions relating to the destiny of the country and the vital interests of the people must be reviewed and considered by the national assembly, or the national assembly standing committee. article 62 (amended) the national assembly establishes its own committees to consider draft laws and draft presidential edicts, which are then submitted to the national assembly standing committee, and assists the national assembly and the national assembly standing committee in exercising oversight of the activities of all the state organizations. article 63 (amended) members of the national assembly have the right to question the prime minister, members of the government, the president of the people's supreme court, the supreme public prosecutor, [and] the president of the state audit authority. persons questioned must give verbal or written answers at the national assembly session. article 64 (amended) members of the national assembly shall not be prosecuted in criminal cases or arrested, detained and imprisoned without the approval of the national assembly, or the national assembly standing committee during the recess of the national assembly. in cases involving manifest or urgent offences, the relevant organization which has detained the member of the national assembly must immediately report to the national assembly or to the national assembly standing committee for consideration. investigations shall not [be conducted in such a manner as to] prevent a prosecuted member from attending national assembly sessions. chapter vi. the president of the state article 65 (amended) the president of the state is the head of state of the lao people's democratic republic and the representative of the multi-ethnic lao people both within the country and abroad, is the chairman of the council for national defence and security, and the head of the people's armed forces ensuring the independence, sovereignty, territorial integrity, stable and sustainability of the nation. article 66 (amended) the president of the state is elected by the national assembly with more than two-thirds of the votes of all members of the national assembly attending the session. the term of office of the president of the state is the same as the term of office of the national assembly. the president cannot hold the position for more than 2 consecutive terms. the president has a presidential office. article 67 (amended) the president of the state has the following rights and duties: to promulgate the constitution and laws; to issue presidential edicts and decrees; to convene and preside at the government's special meetings, attend the national assembly committee standing meeting if it deems it necessary; to appoint, transfer or remove the deputy prime minister and members of the government after approval by the national assembly; to appoint or remove the vice-president of the people's supreme court, the deputy supreme public prosecutor, deputy head of state audit organization based on the recommendation of the president or the head of such organization; to decide on promotions or demotions at the rank of general in the national defence and security forces based on the recommendation of the prime minister; to appoint, transfer or remove the head of presidential office which has the position equivalent to minister; to appoint ambassadors and plenipotentiary representatives of the lao pdr or to recall them from foreign countries based on the recommendation of the prime minister, and to accept the plenipotentiary representatives of foreign countries accredited to the lao pdr; to announce the appointment of the national election committee, election date, number of applicants, number of members of national assembly and members of provincial people's assemblies in each constituency based on the recommendation of the national assembly standing committee; to declare matters of war or peace based on the recommendation of the national assembly, decide on general or partial military conscription and to declare states of emergency all over the country or in any particular locality; to hand over or decide on conferring national gold medals, orders of merit, medals of victory and the highest honorific titles of the state, and other forms of praise based on the recommendation of the prime minister; to decide on granting amnesty based on the recommendation of the government, and announce amnesties after approval by the national assembly; to decide on granting foreigners political refugee status; [and] to negotiate or sign treaties [and] international agreements on behalf of the state; [and to] issue the ratification of or withdrawal from treaties and agreements signed with foreign countries. article 68 (amended) the president of the state may have a vice-president as elected by the national assembly with the votes of more than two-thirds of the number of national assembly members attending the session. the vice-president of the state executes all tasks assigned by the president and acts on behalf of the president if the latter is occupied on other matters. in case the president cannot perform his/her duty, the vice-president will perform the duty until the national assembly elects a new president. chapter vii. government article 69 (amended) the government is the executive branch, which has the role of managing the state uniformly throughout the country. the government is responsible for the national assembly and the president. article 70 (amended) the government has the following rights and duties: to implement the constitution, laws and resolutions of the meeting of the national assembly, resolutions of the national assembly standing committee, [and] presidential edicts and decrees; to submit draft laws to the national assembly, submit draft presidential edicts to the national assembly standing committee and to submit draft presidential decrees to the president of the state; to issue decrees and resolutions on state administration, socio-economic management, and management in the fields of science-technology, national resources, environment, national defence and security, and foreign affairs; to determine strategic plans for socio-economic development and annual state budgets and to submit them to the national assembly for consideration and approval; to propose to the national assembly for approval for the establishment, merger, separation or elimination of ministries and equivalent bodies, provinces and municipalities, and to determine the boundaries of the provinces, and cities; to decide the establishment or elimination of sub-ministry, departments or equivalent organizations; to decide the establishment or elimination of districts, municipalities, and cities and to determine the boundaries of the districts, municipalities, and cities after approval by the provincial people assembly; to establish or eliminate special and specific economic zone; to organize, monitor and oversee the activities of the sectoral organizations, local administrations and the national defence and security forces; to decide on conferment, withdrawal, relinquishment and re-acquisition of lao nationality; to decide on granting honors to foreigners; to make, enter into, interpret and implement the treaties and international agreements to which lao pdr has become a party; to suspend the implementation of or cancel decisions or instructions of the ministries and equivalent organizations, organizations under the government's management, and local administrations if they contradict the laws and other legislation, except the decision on the court proceeding of the public prosecutor and people's court; [and] to report on its performance to the national assembly, the national assembly standing committee, and the president of the state. article 71 (amended) the government consists of the prime minister, deputy prime minister[s], ministers and chairmen of the ministry-equivalent organizations. the term of office of the government is the same as the term of office of the national assembly; the members of the government cannot hold the position for more than two consecutive terms. article 72 (new) the prime minister is the head of the government, and represents the government; leads and manages the work of the government and local administration; appoints, transfers or removes vice-ministers, vice-chairmen of the ministry-equivalent organizations, heads of sub-ministry, deputy heads of sub-ministry, [and] heads of department; appoints or removes governors [and] mayors of cities after approval by the provincial people's assembly; proposes to promote or demote general officers; promotes and demotes colonels in the national defence and security forces. article 73 (new) the deputy prime ministers are the assistants of the prime minister to lead on matters of the government and local administrative organizations, execute the tasks assigned to them by the prime minister. any deputy prime minister shall carry out work on his/her behalf in the event that he/she is occupied on other matters. article 74 (new) the ministers and chairmen of ministry-equivalent organizations have the role to develop and implement the resolutions of the meeting of the national assembly, the national assembly standing committee and government; to lead, manage and inspect the implementation of the sector under its responsibility; [and] to be connected with, cooperate with, and sign the agreements and sub-agreements with foreign countries as agreed by the government. article 75 (amended) the national assembly may pass a vote of no confidence in any member or all members of the government if the national assembly standing committee or one-fourth of the total number of national assembly members raises the issue. in the event that the national assembly has no confidence on any member or all members of the government, the president has the right to request to the national assembly for reconsideration or decides to terminate the member of the government. chapter viii. the local people's assemblies article 76 (new) the local people's assemblies are the representatives of the rights and interests of the multi-ethnic people; they are the highest powers of the local government, perform the role to consider [and] adopt the important legislation, make decisions on fundamental issues at the local level and monitor the activity of all the state organizations under their jurisdiction. the local people's assemblies shall be established according to its administrative level, which consist of the people' assembly at the provincial level, district level and village level. the national assembly may decide to establish people's assemblies at district level and village level. the provincial people's assemblies have the same term as the national assembly. article 77 (new) the provincial people's assemblies have the following rights and duties: to consider and adopt plans for socio-economic development and the state budget at the provincial level, based on the recommendation of the provincial and city governors; to consider and adopt important legislation of the provincial level; to monitor the implementation of the constitution and laws within its organization; to elect or remove the president, vice-president and standing committee of the provincial people's assembly; to consider [and] adopt the organizational structure of the local administration at the provincial level; to appoint or remove governors [and] governors of cities based on the recommendation of the provincial people's assembly standing committee; to consider [and] adopt the structure and organization of the local administration at the provincial level; to appoint, transfer or remove vice-governors, vice-governors of cities, heads of department [and] equivalent organizations at the provincial level based on the recommendation of the provincial governors [and] city governors; to consider [and] approve the establishment, elimination, separation, and merger of department and equivalent organization at provincial level based on the recommendation of the provincial governors [and] city governors; to consider and adopt the appointment or removal of the head of public prosecutor [and] the president of the local people's court, based on the recommendation of the provincial people's assembly standing committee; to consider [and] approve the establishment or elimination of districts, municipalities, [and] cities, and to determine the boundaries of the districts, municipalities, [and] cities based on the recommendation of the provincial and city governors; to abolish or cancel the decision, instruction, guideline or legislation of other sectors which contradict with laws, except the decision on the court proceeding of public prosecutor and people's court; [and] assign the rights to the provincial people's assembly standing committee to decide on the necessary and urgent matters, then report to the provincial people's assembly meeting. article 78 (new) the provincial people's assembly standing committee is the permanent body of the provincial people's assembly, and is to carry out duties on behalf of the provincial people's assembly during its recess. the provincial people's assembly standing committee consists of the president, the vice-president and a number of members. the president and vice-president of the provincial people's assembly are also the president and vice-president of the provincial people's assembly standing committees. article 79 (new) the provincial people's assembly standing committee has the following rights and duties: to prepare and summon the provincial people's assembly into session; to appoint, transfer or dismiss the vice-governor of the province and vice-governor of the cities; to consider and appoint, transfer or remove the vice-president and the judge of the people's court based on the recommendation of the president of the provincial's people's court and city's people's court; to receive and consider the justice application from the people within its responsibility. article 80 (new) the provincial people's assembly convenes its ordinary session twice a year at the summons of the provincial people assembly standing committee. the provincial people's assembly standing committee may convene an extraordinary session of the provincial people's assembly if it deems it necessary. the provincial people's assembly sessions shall be convened only with the presence of more than one-half of the total number of the provincial people's assembly members. article 81 (new) resolutions of the provincial people's assembly shall be valid only when they are voted for by more than one-half of the number of the provincial people's assembly members present at the session. article 82 (new) the members of the provincial people's assembly establish its committee to be the head of the provincial people's assembly and the provincial people's assembly standing committee to perform the work in according to their rights and duties. article 83 (new) the members of the provincial people's assembly have the right to question the governor, governor of [vientiane] capital, director of the department or equivalent organizations of the provincial level, mayor, head of municipality, head of city, head of public prosecutor, the president of the local people's court and the relevant representative of the state audit authority of the region. persons questioned must give verbal or written answers at the provincial people's assembly session. article 84 (new) the members of the provincial people's assembly shall not be prosecuted in criminal cases or arrested, detained and imprisoned without the approval of the provincial people's assembly, or the provincial people's assembly standing committee during the recess of the provincial people's assembly. in cases involving manifest or urgent offences, the relevant organization which has detained the member of the provincial people's assembly must immediately report to the provincial people's assembly or to the provincial people's assembly standing committee for consideration. investigations shall not [be conducted in such a manner as to] prevent a prosecuted member from attending the provincial people's assembly sessions. chapter ix. the local administration authority article 85 the lao people's democratic republic is divided into three levels of local administration, namely provinces, districts and villages. if it deems it necessary, the national assembly may decide to establish a special zone. article 86 (new) the local administration authority has the role to manage the state uniformly within its jurisdiction. the local administration authority is responsible to the government and the local people's assembly. provinces are [governed by] governors, cities are [governed by] governors of cities, districts are [governed by] mayors, municipalities are [governed by] chiefs of municipalities and villages are [administered by] village chiefs. governors, governor of [vientiane] capital, mayors, chiefs of municipalities and village chiefs have deputies. governors, governor of [vientiane] capital, mayors, [and] chiefs of municipalities cannot hold the position for more than two consecutive terms. article 87 (amended) the governors of provinces and [vientiane] capital have the following rights and duties: implement constitution, laws, resolutions of the meeting of provincial people's assembly, the resolutions of the meetings of provincial people's assembly and resolutions of committees of provincial people's assembly and applicable regulations adopted by the higher authorities; seek authorization and agreement from provincial people's assembly for the adoption of strategies, socio-economic development plans and financial plans of the provinces; direct, manage, monitor and evaluate the implementation of obligations or work of all provincial divisions and relevant authorities under their supervision; appoint, demote or remove the mayor of districts and heads of municipalities after or upon agreement made by committees of the provincial people's assembly; establish, demote or remove the vice-mayors of districts and heads of municipalities based on the recommendation of the governors of districts and municipalities; establish, merge, divide or close down villages, or demarcate the area or border of villages based on the recommendation of the mayors of districts, municipality, [and] cities; establish, demote or remove from office vice heads of provincial divisions and equivalent authorities based on the recommendation of the head of provincial divisions and equivalent authorities; terminate or cancel decisions, orders, guidelines or legislation of other sectors under their supervision or below their level which contradict the laws, except the decision on the court proceeding of local public prosecutor and local people's court; be involved in administering and managing any sphere concerning political, economic, [or] socio-cultural matters, natural resources, the environment, order and security, [and] international cooperation; to manage citizens, and to consider and resolve the proposals of the people; report to the provincial people's assembly, the provincial people's assembly standing committee and the prime minister regarding the progress of their activities. article 88 (new) the mayors of districts, head of municipalities and cities have the following rights and duties: implement the constitution, laws, resolutions of the meeting of provincial people's assembly, the resolutions of the meetings of provincial people's assembly and applicable regulations adopted by the higher authorities; prepare a draft strategic plan, socio-economic development plan and budget plan of the districts, municipalities, cities, to be proposed to the governors of provinces and cities; direct, manage, monitor and evaluate the implementation of work or obligations of all offices and relevant authorities under their supervision; appoint, demote or remove the head of office and other administrative positions of the district, municipalities [and] cities; be involved in administering and managing any sphere concerning political, economic, [or] socio-cultural matters, natural resources, the environment, order and security under the supervision of districts, municipalities [and] cities; to manage citizens, and to consider and resolve the proposals of the people; terminate or cancel decisions or other orders of all offices and equivalent organizations under the supervision of districts, municipalities [and] cities or below their level which contradict the laws, except the decision on the court proceeding of local public prosecutor and local people's court; report to the governors of provinces and [vientiane] capital and the provincial people's assembly standing committee regarding the progress of their activities. article 89 (amended) the village chiefs have the responsibility to organize the implementation of the laws and regulations, and take the lead in socio-economic development, protection of natural resources and environment, and maintain security and public order, educating local people with a view to maintaining harmony and making them the key actors to take the lead in developing their villages. chapter x. people's courts and public prosecutor article 90 (amended) the people's courts are judicial organs; only courts have the power to adjudicate [and] judge cases in the lao people's democratic republic. the people's courts make decisions on first instance, appeal and cancelation. article 91 (amended) the people's courts of the lao people's democratic republic consist of the people's supreme court, local people's courts and military courts as provided by the laws. in the event that it is deemed necessary, the national assembly standing committee may decide to establish a special court. article 92 (amended) the people's supreme court is the highest judicial organ of the lao people's democratic republic. the people's supreme court examines the decisions of the people's courts and the military courts. article 93 (amended) the vice-president of the people's supreme court is appointed or removed by the president of the state. the national assembly standing committee appoints, transfers and removes judges of the people's supreme court, the president, vice-president and judges of the people's courts. article 94 the people's courts make decisions in panels. in their adjudication, judges must be independent and strictly comply with the laws. article 95 cases shall be conducted in open court proceedings except if otherwise provided by the laws. article 96 (new) litigants shall have the right to argue and debate at the court-room to participate in all stages of the case proceedings. accused persons shall have the right to defend the case raised against them, either by themselves or by their guardians or lawyers. lawyers have the right to provide legal assistance to the litigants and accused persons. article 97 representatives of social organizations have the right to take part in court proceedings as provided by the laws. article 98 (amended) decisions reached by the people's courts, when final, must be respected by party organizations, state organizations, the lao front for national construction, mass organizations, social organizations, international organizations and all citizens. the concerned individuals and organizations must strictly implement decisions. article 99 (amended) the offices of the public prosecutors have the duty to monitor, inspect, respect and implement laws throughout the country, protect the rights of interests of the state, society [and] people, and file a claim in court as provided by the laws. article 100 (amended) the office of the public prosecutor of the lao people's democratic republic consists of the office of the supreme public prosecutor, the offices of the local public prosecutor and the office of the military prosecutor as provided by the laws. article 101 (new) the head of office of the supreme public prosecutor supervises the activities of the offices of the public prosecutor at all levels. article 102 (amended) the deputy head of supreme public prosecutor is appointed or removed by the president of the state. heads of public prosecutors, deputy public prosecutors [and] public prosecutors are appointed, transferred or removed by the head of supreme public prosecutor. article 103 in carrying out [legal] proceedings, the public prosecutors are subject only to the laws and the instructions of the head of supreme public prosecutor. chapter xi. the state audit article 104 (new) the state audit is the auditing of the management and use of the budget, finance and state property. article 105 (new) the state audit is undertaken by the state audit authority which consists of the audit authority of the central level and audit authorities of the regional level. [the details of] the audit authority of the central level and audit authorities of the regional level are set forth in specific laws. article 106 (new) the chairman of the state audit authority is directly responsible to the national assembly and reports on the state audit matters to the president of the state, prime minister and the national assembly standing committee. the chairman of the state audit organization proposes the appointment, transfer or removal of the vice-chairman of the state audit organization to the president. article 107 (new) the state audit authority has the following rights and duties: to conduct the audit independently in accordance with the laws in order to certify the correctness of financial reports, legal compliance and implementation outcomes; to report on its activities and issue the final report on outcomes of the audit of the implementation of the state budget plan to the national assembly sessions; to make recommendations to relevant financial management organizations in order to apply measures against units which have violated the laws in the management and use of the state budget, finance and assets as revealed in the audit findings. chapter xii. election committee article 108 (new) the election committee consists of the national election committee and the election committees of local levels. the national election committee is an organization established by the national assembly standing committee and then submitted to the president of the state for making an official declaration by issuing a presidential decree. it has the role of leading and directing the election of members of the national assembly, local people's assemblies and the election committees of the local levels. the election committees of the local level are provided by the law. article 109 (new) the national election committee consists of chairman, vice-chairmen, and a certain number of members. the term of office of the national election committee ends after the completion of the first plenary session of the new national assembly. chapter xiii. language, script, national emblem, national flag, national anthem, national day, currency and capital city article 110 the lao language and lao script are the language and script officially used. article 111 the national emblem of the lao people's democratic republic is a circle depicting in the bottom part one-half of a cog wheel and red ribbon with an inscription [of the words] "lao people's democratic republic", and [flanked by] crescent-shaped stalks of fully-ripened rice at both sides and red ribbons bearing the inscription "peace, independence, democracy, unity, prosperity". a picture of that luang pagoda is located between the tips of the stalks of rice. a road, a paddy field, a forest and a hydroelectric dam are depicted in the middle of the circle. article 112 the national flag of the lao people's democratic republic is dark blue with red edges and a white moon in the middle of the flag. the height of the flag is two-thirds of its width. the height of each red edge is one-half of the height of the dark blue area. the [diameter of the] white moon is four-fifths of [the height of] the dark blue area. article 113 the national anthem of the lao people's democratic republic is the "xat lao" song. article 114 (amended) the national day of the lao people's democratic republic is 2 december 1975 which is the day of the proclamation of the lao people's democratic republic. article 115 the currency of the lao people's democratic republic is the kip. article 116 the capital city of the lao people's democratic republic is vientiane capital city. chapter xiv. final provisions article 117 (amended) the constitution of the lao people's democratic republic is a fundamental law of the nation. all laws must comply with the constitution. article 118 (amended) only the national assembly has the right to amend the constitution of the lao people's democratic republic. the constitution can be adopted when it has the affirmative votes of more than two-thirds of the total number of the national assembly members. article 119 (amended) this constitution enters into force on the date of the promulgating decree issued by the president of the state. this constitution supersedes the constitution of the lao people's democratic republic no. 25/na, dated 6 may 2003. preamble we, the people of south africa, recognise the injustices of our past; honour those who suffered for justice and freedom in our land; respect those who have worked to build and develop our country; and believe that south africa belongs to all who live in it, united in our diversity. we therefore, through our freely elected representatives, adopt this constitution as the supreme law of the republic so as to heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights; lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law; improve the quality of life of all citizens and free the potential of each person; and build a united and democratic south africa able to take its rightful place as a sovereign state in the family of nations. may god protect our people. nkosi sikelel’ iafrika. morena boloka setjhaba sa heso. god seën suid-afrika. god bless south africa. mudzimu fhatutshedza afurika. hosi katekisa afrika. chapter 1. founding provisions 1. republic of south africa the republic of south africa is one, sovereign, democratic state founded on the following values: human dignity, the achievement of equality and the advancement of human rights and freedoms. non-racialism and non-sexism. supremacy of the constitution and the rule of law. universal adult suffrage, a national common voters roll, regular elections and a multiparty system of democratic government, to ensure accountability, responsiveness and openness. 2. supremacy of constitution this constitution is the supreme law of the republic; law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled. 3. citizenship there is a common south african citizenship. all citizens areequally entitled to the rights, privileges and benefits of citizenship; and equally subject to the duties and responsibilities of citizenship. national legislation must provide for the acquisition, loss and restoration of citizenship. 4. national anthem the national anthem of the republic is determined by the president by proclamation. 5. national flag the national flag of the republic is black, gold, green, white, red and blue, as described and sketched in schedule 1. 6. languages the official languages of the republic are sepedi, sesotho, setswana, siswati, tshivenda, xitsonga, afrikaans, english, isindebele, isixhosa and isizulu. recognising the historically diminished use and status of the indigenous languages of our people, the state must take practical and positive measures to elevate the status and advance the use of these languages. 3 the national government and provincial governments may use any particular official languages for the purposes of government, taking into account usage, practicality, expense, regional circumstances and the balance of the needs and preferences of the population as a whole or in the province concerned; but the national government and each provincial government must use at least two official languages. municipalities must take into account the language usage and preferences of their residents. the national government and provincial governments, by legislative and other measures, must regulate and monitor their use of official languages. without detracting from the provisions of subsection (2), all official languages must enjoy parity of esteem and must be treated equitably. a pan south african language board established by national legislation mustpromote, and create conditions for, the development and use ofall official languages; the khoi, nama and san languages; and sign language; and promote and ensure respect forall languages commonly used by communities in south africa, including german, greek, gujarati, hindi, portuguese, tamil, telegu and urdu; and arabic, hebrew, sanskrit and other languages used for religious purposes in south africa. chapter 2. bill of rights 7. rights this bill of rights is a cornerstone of democracy in south africa. it enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom. the state must respect, protect, promote and fulfil the rights in the bill of rights. the rights in the bill of rights are subject to the limitations contained or referred to in section 36, or elsewhere in the bill. 8. application the bill of rights applies to all law, and binds the legislature, the executive, the judiciary and all organs of state. a provision of the bill of rights binds a natural or a juristic person if, and to the extent that, it is applicable, taking into account the nature of the right and the nature of any duty imposed by the right. when applying a provision of the bill of rights to a natural or juristic person in terms of subsection (2), a courtin order to give effect to a right in the bill, must apply, or if necessary develop, the common law to the extent that legislation does not give effect to that right; and may develop rules of the common law to limit the right, provided that the limitation is in accordance with section 36 (1). a juristic person is entitled to the rights in the bill of rights to the extent required by the nature of the rights and the nature of that juristic person. 9. equality everyone is equal before the law and has the right to equal protection and benefit of the law. equality includes the full and equal enjoyment of all rights and freedoms. to promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken. the state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth. no person may unfairly discriminate directly or indirectly against anyone on one or more grounds in terms of subsection (3). national legislation must be enacted to prevent or prohibit unfair discrimination. discrimination on one or more of the grounds listed in subsection (3) is unfair unless it is established that the discrimination is fair. 10. human dignity everyone has inherent dignity and the right to have their dignity respected and protected. 11. life everyone has the right to life. 12. freedom and security of the person everyone has the right to freedom and security of the person, which includes the rightnot to be deprived of freedom arbitrarily or without just cause; not to be detained without trial; to be free from all forms of violence from either public or private sources; not to be tortured in any way; and not to be treated or punished in a cruel, inhuman or degrading way. everyone has the right to bodily and psychological integrity, which includes the rightto make decisions concerning reproduction; to security in and control over their body; and not to be subjected to medical or scientific experiments without their informed consent. 13. slavery, servitude and forced labour no one may be subjected to slavery, servitude or forced labour. 14. privacy everyone has the right to privacy, which includes the right not to havetheir person or home searched; their property searched; their possessions seized; or the privacy of their communications infringed. 15. freedom of religion, belief and opinion everyone has the right to freedom of conscience, religion, thought, belief and opinion. religious observances may be conducted at state or state-aided institutions, provided thatthose observances follow rules made by the appropriate public authorities; they are conducted on an equitable basis; and attendance at them is free and voluntary. 3 this section does not prevent legislation recognisingmarriages concluded under any tradition, or a system of religious, personal or family law; or systems of personal and family law under any tradition, or adhered to by persons professing a particular religion. recognition in terms of paragraph (a) must be consistent with this section and the other provisions of the constitution. 16. freedom of expression everyone has the right to freedom of expression, which includesfreedom of the press and other media; freedom to receive or impart information or ideas; freedom of artistic creativity; and academic freedom and freedom of scientific research. the right in subsection (1) does not extend topropaganda for war; incitement of imminent violence; or advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm. 17. assembly, demonstration picket and petition everyone has the right, peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions. 18. freedom of association everyone has the right to freedom of association. 19. political rights every citizen is free to make political choices, which includes the rightto form a political party; to participate in the activities of, or recruit members for, a political party; and to campaign for a political party or cause. every citizen has the right to free, fair and regular elections for any legislative body established in terms of the constitution. every adult citizen has the rightto vote in elections for any legislative body established in terms of the constitution, and to do so in secret; and to stand for public office and, if elected, to hold office. 20. citizenship no citizen may be deprived of citizenship. 21. freedom of movement and residence everyone has the right to freedom of movement. everyone has the right to leave the republic. every citizen has the right to enter, to remain in and to reside anywhere in, the republic. every citizen has the right to a passport. 22. freedom of trade, occupation and profession every citizen has the right to choose their trade, occupation or profession freely. the practice of a trade, occupation or profession may be regulated by law. 23. labour relations everyone has the right to fair labour practices. every worker has the rightto form and join a trade union; to participate in the activities and programmes of a trade union; and to strike. every employer has the rightto form and join an employers’ organisation; and to participate in the activities and programmes of an employers’ organisation. every trade union and every employers’ organisation has the rightto determine its own administration, programmes and activities; to organise; and to form and join a federation. every trade union, employers’ organisation and employer has the right to engage in collective bargaining. national legislation may be enacted to regulate collective bargaining. to the extent that the legislation may limit a right in this chapter, the limitation must comply with section 36 (1). national legislation may recognise union security arrangements contained in collective agreements. to the extent that the legislation may limit a right in this chapter the limitation must comply with section 36 (1). 24. environment everyone has the rightto an environment that is not harmful to their health or well-being; and to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures thatprevent pollution and ecological degradation; promote conservation; and secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development. 25. property no one may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property. property may be expropriated only in terms of law of general applicationfor a public purpose or in the public interest; and subject to compensation, the amount of which and the time and manner of payment of which have either been agreed to by those affected or decided or approved by a court. the amount of the compensation and the time and manner of payment must be just and equitable, reflecting an equitable balance between the public interest and the interests of those affected, having regard to all relevant circumstances, includingthe current use of the property; the history of the acquisition and use of the property; the market value of the property; the extent of direct state investment and subsidy in the acquisition and beneficial capital improvement of the property; and the purpose of the expropriation. for the purposes of this sectionthe public interest includes the nation’s commitment to land reform, and to reforms to bring about equitable access to all south africa’s natural resources; and property is not limited to land. the state must take reasonable legislative and other measures, within its available resources, to foster conditions which enable citizens to gain access to land on an equitable basis. a person or community whose tenure of land is legally insecure as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an act of parliament, either to tenure which is legally secure or to comparable redress. a person or community dispossessed of property after 19 june 1913 as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an act of parliament, either to restitution of that property or to equitable redress. no provision of this section may impede the state from taking legislative and other measures to achieve land, water and related reform, in order to redress the results of past racial discrimination, provided that any departure from the provisions of this section is in accordance with the provisions of section 36 (1). parliament must enact the legislation referred to in subsection (6). 26. housing everyone has the right to have access to adequate housing. the state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right. no one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances. no legislation may permit arbitrary evictions. 27. health care, food, water and social security everyone has the right to have access tohealth care services, including reproductive health care; sufficient food and water; and social security, including, if they are unable to support themselves and their dependents, appropriate social assistance. the state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of these rights. no one may be refused emergency medical treatment. 28. children every child has the rightto a name and a nationality from birth; to family care or parental care, or to appropriate alternative care when removed from the family environment; to basic nutrition, shelter, basic health care services and social services; to be protected from maltreatment, neglect, abuse or degradation; to be protected from exploitative labour practices; not to be required or permitted to perform work or provide services thatare inappropriate for a person of that child’s age; or place at risk the child’s well-being, education, physical or mental health or spiritual, moral or social development; not to be detained except as a measure of last resort, in which case, in addition to the rights a child enjoys under sections 12 and 35, the child may be detained only for the shortest appropriate period of time, and has the right to bekept separately from detained persons over the age of 18 years; and treated in a manner, and kept in conditions, that take account of the child’s age; to have a legal practitioner assigned to the child by the state, and at state expense, in civil proceedings affecting the child, if substantial injustice would otherwise result; and not to be used directly in armed conflict, and to be protected in times of armed conflict. a child’s best interests are of paramount importance in every matter concerning the child. in this section ‘child’ means a person under the age of 18 years. 29. education everyone has the rightto a basic education, including adult basic education; and to further education, which the state, through reasonable measures, must make progressively available and accessible. everyone has the right to receive education in the official language or languages of their choice in public educational institutions where that education is reasonably practicable. in order to ensure the effective access to, and implementation of, this right, the state must consider all reasonable educational alternatives, including single medium institutions, taking into accountequity; practicability; and the need to redress the results of past racially discriminatory laws and practices. everyone has the right to establish and maintain, at their own expense, independent educational institutions thatdo not discriminate on the basis of race; are registered with the state; and maintain standards that are not inferior to standards at comparable public educational institutions. subsection (3) does not preclude state subsidies for independent educational institutions. 30. language and culture everyone has the right to use the language and to participate in the cultural life of their choice, but no one exercising these rights may do so in a manner inconsistent with any provision of the bill of rights. 31. cultural, religious and linguistic communities persons belonging to a cultural, religious or linguistic community may not be denied the right, with other members of that communityto enjoy their culture, practise their religion and use their language; and to form, join and maintain cultural, religious and linguistic associations and other organs of civil society. the rights in subsection (1) may not be exercised in a manner inconsistent with any provision of the bill of rights. 32. access to information everyone has the right of access toany information held by the state; and any information that is held by another person and that is required for the exercise or protection of any rights. national legislation must be enacted to give effect to this right, and may provide for reasonable measures to alleviate the administrative and financial burden on the state. 33. just administrative action everyone has the right to administrative action that is lawful, reasonable and procedurally fair. everyone whose rights have been adversely affected by administrative action has the right to be given written reasons. national legislation must be enacted to give effect to these rights, and mustprovide for the review of administrative action by a court or, where appropriate, an independent and impartial tribunal; impose a duty on the state to give effect to the rights in subsections (1) and (2); and promote an efficient administration. 34. access to courts everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum. 35. arrested, detained and accused persons everyone who is arrested for allegedly committing an offence has the rightto remain silent; to be informed promptlyof the right to remain silent; and of the consequences of not remaining silent; not to be compelled to make any confession or admission that could be used in evidence against that person; to be brought before a court as soon as reasonably possible, but not later than48 hours after the arrest; or the end of the first court day after the expiry of the 48 hours, if the 48 hours expire outside ordinary court hours or on a day which is not an ordinary court day; at the first court appearance after being arrested, to be charged or to be informed of the reason for the detention to continue, or to be released; and to be released from detention if the interests of justice permit, subject to reasonable conditions. everyone who is detained, including every sentenced prisoner, has the rightto be informed promptly of the reason for being detained; to choose, and to consult with, a legal practitioner, and to be informed of this right promptly; to have a legal practitioner assigned to the detained person by the state and at state expense, if substantial injustice would otherwise result, and to be informed of this right promptly; to challenge the lawfulness of the detention in person before a court and, if the detention is unlawful, to be released; to conditions of detention that are consistent with human dignity, including at least exercise and the provision, at state expense, of adequate accommodation, nutrition, reading material and medical treatment; and to communicate with, and be visited by, that person’sspouse or partner; next of kin; chosen religious counsellor; and chosen medical practitioner. every accused person has a right to a fair trial, which includes the rightto be informed of the charge with sufficient detail to answer it; to have adequate time and facilities to prepare a defence; to a public trial before an ordinary court; to have their trial begin and conclude without unreasonable delay; to be present when being tried; to choose, and be represented by, a legal practitioner, and to be informed of this right promptly; to have a legal practitioner assigned to the accused person by the state and at state expense, if substantial injustice would otherwise result, and to be informed of this right promptly; to be presumed innocent, to remain silent, and not to testify during the proceedings; to adduce and challenge evidence; not to be compelled to give self-incriminating evidence; to be tried in a language that the accused person understands or, if that is not practicable, to have the proceedings interpreted in that language; not to be convicted for an act or omission that was not an offence under either national or international law at the time it was committed or omitted; not to be tried for an offence in respect of an act or omission for which that person has previously been either acquitted or convicted; to the benefit of the least severe of the prescribed punishments if the prescribed punishment for the offence has been changed between the time that the offence was committed and the time of sentencing; and of appeal to, or review by, a higher court. whenever this section requires information to be given to a person, that information must be given in a language that the person understands. evidence obtained in a manner that violates any right in the bill of rights must be excluded if the admission of that evidence would render the trial unfair or otherwise be detrimental to the administration of justice. 36. limitation of rights the rights in the bill of rights may be limited only in terms of law of general application to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, includingthe nature of the right; the importance of the purpose of the limitation; the nature and extent of the limitation; the relation between the limitation and its purpose; and less restrictive means to achieve the purpose. except as provided in subsection (1) or in any other provision of the constitution, no law may limit any right entrenched in the bill of rights. 37. states of emergency a state of emergency may be declared only in terms of an act of parliament, and only whenthe life of the nation is threatened by war, invasion, general insurrection, disorder, natural disaster or other public emergency; and the declaration is necessary to restore peace and order. a declaration of a state of emergency, and any legislation enacted or other action taken in consequence of that declaration, may be effective onlyprospectively; and for no more than 21 days from the date of the declaration, unless the national assembly resolves to extend the declaration. the assembly may extend a declaration of a state of emergency for no more than three months at a time. the first extension of the state of emergency must be by a resolution adopted with a supporting vote of a majority of the members of the assembly. any subsequent extension must be by a resolution adopted with a supporting vote of at least 60 per cent of the members of the assembly. a resolution in terms of this paragraph may be adopted only following a public debate in the assembly. any competent court may decide on the validity ofa declaration of a state of emergency; any extension of a declaration of a state of emergency; or any legislation enacted, or other action taken, in consequence of a declaration of a state of emergency. any legislation enacted in consequence of a declaration of a state of emergency may derogate from the bill of rights only to the extent thatthe derogation is strictly required by the emergency; and the legislationis consistent with the republic’s obligations under international law applicable to states of emergency; conforms to subsection (5); and is published in the national government gazette as soon as reasonably possible after being enacted. no act of parliament that authorises a declaration of a state of emergency, and no legislation enacted or other action taken in consequence of a declaration, may permit or authoriseindemnifying the state, or any person, in respect of any unlawful act; any derogation from this section; or any derogation from a section mentioned in column 1 of the table of non-derogable rights, to the extent indicated opposite that section in column 3 of the table. table of non-derogable rights row 1 column 1. section number 9 column 2. section title equality column 3. extent to which the right is non-derogable with respect to unfair discrimination solely on the grounds of race, colour, ethnic or social origin, sex, religion or language row 2 column 1. section number 10 column 2. section title human dignity column 3. extent to which the right is non-derogable entirely row 3 column 1. section number 11 column 2. section title life column 3. extent to which the right is non-derogable entirely row 4 column 1. section number 12 column 2. section title freedom and security of the person column 3. extent to which the right is non-derogable with respect to subsections (1) (d) and (e) and 2 (c) row 5 column 1. section number 13 column 2. section title slavery, servitude and forced labour column 3. extent to which the right is non-derogable with respect to slavery and servitude row 6 column 1. section number 28 column 2. section title children column 3. extent to which the right is non-derogable with respect to: subsection (1) (d) and (e); the rights in subparagraphs (i) and (ii) of subsection (1) (g); and subsection (1) (i) in respect of children of 15 years and younger row 7 column 1. section number 35 column 2. section title arrested, detained and accused persons column 3. extent to which the right is non-derogable with respect to: subsections (1) (a), (b) and (c) and (2) (d); the rights in paragraphs (a) to (o) of subsection (3), excluding paragraph (d); subsection (4); and subsection (5) with respect to the exclusion of evidence if the admission of that evidence would render the trial unfair whenever anyone is detained without trial in consequence of a derogation of rights resulting from a declaration of a state of emergency, the following conditions must be observed: an adult family member or friend of the detainee must be contacted as soon as reasonably possible, and informed that the person has been detained. a notice must be published in the national government gazette within five days of the person being detained, stating the detainee’s name and place of detention and referring to the emergency measure in terms of which that person has been detained. the detainee must be allowed to choose, and be visited at any reasonable time by, a medical practitioner. the detainee must be allowed to choose, and be visited at any reasonable time by, a legal representative. a court must review the detention as soon as reasonably possible, but no later than 10 days after the date the person was detained, and the court must release the detainee unless it is necessary to continue the detention to restore peace and order. a detainee who is not released in terms of a review under paragraph (e), or who is not released in terms of a review under this paragraph, may apply to a court for a further review of the detention at any time after 10 days have passed since the previous review, and the court must release the detainee unless it is still necessary to continue the detention to restore peace and order. the detainee must be allowed to appear in person before any court considering the detention, to be represented by a legal practitioner at those hearings, and to make representations against continued detention. the state must present written reasons to the court to justify the continued detention of the detainee, and must give a copy of those reasons to the detainee at least two days before the court reviews the detention. if a court releases a detainee, that person may not be detained again on the same grounds unless the state first shows a court good cause for re-detaining that person. subsections (6) and (7) do not apply to persons who are not south african citizens and who are detained in consequence of an international armed conflict. instead, the state must comply with the standards binding on the republic under international humanitarian law in respect of the detention of such persons. 38. enforcement of rights anyone listed in this section has the right to approach a competent court, alleging that a right in the bill of rights has been infringed or threatened, and the court may grant appropriate relief, including a declaration of rights. the persons who may approach a court areanyone acting in their own interest; anyone acting on behalf of another person who cannot act in their own name; anyone acting as a member of, or in the interest of, a group or class of persons; anyone acting in the public interest; and an association acting in the interest of its members. 39. interpretation of bill of rights when interpreting the bill of rights, a court, tribunal or forummust promote the values that underlie an open and democratic society based on human dignity, equality and freedom; must consider international law; and may consider foreign law. when interpreting any legislation, and when developing the common law or customary law, every court, tribunal or forum must promote the spirit, purport and objects of the bill of rights. the bill of rights does not deny the existence of any other rights or freedoms that are recognised or conferred by common law, customary law or legislation, to the extent that they are consistent with the bill. chapter 3. co-operative government 40. government of the republic in the republic, government is constituted as national, provincial and local spheres of government which are distinctive, interdependent and interrelated. all spheres of government must observe and adhere to the principles in this chapter and must conduct their activities within the parameters that the chapter provides. 41. principles of co-operative government and intergovernmental relations all spheres of government and all organs of state within each sphere mustpreserve the peace, national unity and the indivisibility of the republic; secure the well-being of the people of the republic; provide effective, transparent, accountable and coherent government for the republic as a whole; be loyal to the constitution, the republic and its people; respect the constitutional status, institutions, powers and functions of government in the other spheres; not assume any power or function except those conferred on them in terms of the constitution; exercise their powers and perform their functions in a manner that does not encroach on the geographical, functional or institutional integrity of government in another sphere; and co-operate with one another in mutual trust and good faith byfostering friendly relations; assisting and supporting one another; informing one another of, and consulting one another on, matters of common interest; co-ordinating their actions and legislation with one another; adhering to agreed procedures; and avoiding legal proceedings against one another. an act of parliament mustestablish or provide for structures and institutions to promote and facilitate intergovernmental relations; and provide for appropriate mechanisms and procedures to facilitate settlement of intergovernmental disputes. an organ of state involved in an intergovernmental dispute must make every reasonable effort to settle the dispute by means of mechanisms and procedures provided for that purpose, and must exhaust all other remedies before it approaches a court to resolve the dispute. if a court is not satisfied that the requirements of subsection (3) have been met, it may refer a dispute back to the organs of state involved. chapter 4. parliament 42. composition of parliament parliament consists ofthe national assembly; and the national council of provinces. the national assembly and the national council of provinces participate in the legislative process in the manner set out in the constitution. the national assembly is elected to represent the people and to ensure government by the people under the constitution. it does this by choosing the president, by providing a national forum for public consideration of issues, by passing legislation and by scrutinizing and overseeing executive action. the national council of provinces represents the provinces to ensure that provincial interests are taken into account in the national sphere of government. it does this mainly by participating in the national legislative process and by providing a national forum for public consideration of issues affecting the provinces. the president may summon parliament to an extraordinary sitting at any time conduct special business. the seat of parliament is cape town, but an act of parliament enacted in accordance with section 76 (1) and (5) may determine that the seat of parliament is elsewhere. 43. legislative authority of the republic in the republic, the legislative authorityof the national sphere of government is vested in parliament, as set out in section 44; of the provincial sphere of government is vested in the provincial legislatures, as set out in section 104; and of the local sphere of government is vested in the municipal councils, as set out in section 156. 44. national legislative authority the national legislative authority as vested in parliamentconfers on the national assembly the powerto amend the constitution; to pass legislation with regard to any matter, including a matter within a functional area listed in schedule 4, but excluding, subject to subsection (2), a matter within a functional area listed in schedule 5; and to assign any of its legislative powers, except the power to amend the constitution, to any legislative body in another sphere of government; and confers on the national council of provinces the powerto participate in amending the constitution in accordance with section 74; to pass, in accordance with section 76, legislation with regard to any matter within a functional area listed in schedule 4 and any other matter required by the constitution to be passed in accordance with section 76; and to consider, in accordance with section 75, any other legislation passed by the national assembly. parliament may intervene, by passing legislation in accordance with section 76 (1), with regard to a matter falling within a functional area listed in schedule 5, when it is necessaryto maintain national security; to maintain economic unity; to maintain essential national standards; to establish minimum standards required for the rendering of services; or to prevent unreasonable action taken by a province which is prejudicial to the interests of another province or to the country as a whole. legislation with regard to a matter that is reasonably necessary for, or incidental to, the effective exercise of a power concerning any matter listed in schedule 4 is, for all purposes, legislation with regard to a matter listed in schedule 4. when exercising its legislative authority; parliament is bound only by the constitution, and must act in accordance with, and within the limits of, the constitution. 45. joint rules and orders and joint committees the national assembly and the national council of provinces must establish a joint rules committee to make rules and orders concerning the joint business of the assembly and council, including rules and ordersto determine procedures to facilitate the legislative process, including setting a time limit for completing any step in the process; to establish joint committees composed of representatives from both the assembly and the council to consider and report on bills envisaged in sections 74 and 75 that are referred to such a committee; to establish a joint committee to review the constitution at least annually; and to regulate the business ofthe joint rules committee; the mediation committee; the constitutional review committee; and any joint committees established in terms of paragraph (b). cabinet members, members of the national assembly and delegates to the national council of provinces have the same privileges and immunities before a joint committee of the assembly and the council as they have before the assembly or the council. part a. the national assembly 46. composition and election the national assembly consists of no fewer than 350 and no more than 400 women and men elected as members in terms of an electoral system thatis prescribed by national legislation; is based on the national common voters roll; provides for a minimum voting age of 18 years; and results, in general, in proportional representation. an act of parliament must provide a formula for determining the number of members of the national assembly. 47. membership every citizen who is qualified to vote for the national assembly is eligible to be a member of the assembly, exceptanyone who is appointed by, or is in the service of, the state and receives remuneration for that appointment or service, other thanthe president, deputy president, ministers and deputy ministers; and other office-bearers whose functions are compatible with the functions of a member of the assembly, and have been declared compatible with those functions by national legislation; permanent delegates to the national council of provinces or members of a provincial legislature or a municipal council; unrehabilitated insolvents; anyone declared to be of unsound mind by a court of the republic; or anyone who, after this section took effect, is convicted of an offence and sentenced to more than 12 months’ imprisonment without the option of a fine, either in the republic, or outside the republic if the conduct constituting the offence would have been an offence in the republic, but no one may be regarded as having been sentenced until an appeal against the conviction or sentence has been determined, or until the time for an appeal has expired. a disqualification under this paragraph ends five years after the sentence has been completed. a person who is not eligible to be a member of the national assembly in terms of subsection (1) (a) or (b) may be a candidate for the assembly, subject to any limits or conditions established by national legislation. a person loses membership of the national assembly if that personceases to be eligible; is absent from the assembly without permission in circumstances for which the rules and orders of the assembly prescribe loss of membership; or ceases to be a member of the party that nominated that person as a member of the assembly. vacancies in the national assembly must be filled in terms of national legislation. 48. oath or affirmation before members of the national assembly begin to perform their functions in the assembly, they must swear or affirm faithfulness to the republic and obedience to the constitution, in accordance with schedule 2. 49. duration of national assembly the national assembly is elected for a term of five years. if the national assembly is dissolved in terms of section 50, or when its term expires, the president, by proclamation, must call and set dates for an election, which must be held within 90 days of the date the assembly was dissolved or its term expired. a proclamation calling and setting dates for an election may be issued before or after the expiry of the term of the national assembly. if the result of an election of the national assembly is not declared within the period established in terms of section 190, or if an election is set aside by a court, the president, by proclamation, must call and set dates for another election, which must be held within 90 days of the expiry of that period or of the date on which the election was set aside. the national assembly remains competent to function from the time it is dissolved or its term expires, until the day before the first day of polling for the next assembly. 50. dissolution of national assembly before expiry of its term the president must dissolve the national assembly ifthe assembly has adopted a resolution to dissolve with a supporting vote of a majority of its members; and three years have passed since the assembly was elected. the acting president must dissolve the national assembly ifthere is a vacancy in the office of president; and the assembly fails to elect a new president within 30 days after the vacancy occurred. 51. sittings and recess periods after an election, the first sitting of the national assembly must take place at a time and on a date determined by the chief justice, but not more than 14 days after the election result has been declared. the assembly may determine the time and duration of its other sittings and its recess periods. the president may summon the national assembly to an extraordinary sitting at any time to conduct special business. sittings of the national assembly are permitted at places other than the seat of parliament only on the grounds of public interest, security or convenience, and if provided for in the rules and orders of the assembly. 52. speaker and deputy speaker at the first sitting after its election, or when necessary to fill a vacancy, the national assembly must elect a speaker and a deputy speaker from among its members. the chief justice must preside over the election of a speaker, or designate another judge to do so. the speaker presides over the election of a deputy speaker. the procedure set out in part a of schedule 3 applies to the election of the speaker and the deputy speaker. the national assembly may remove the speaker or deputy speaker from office by resolution. a majority of the members of the assembly must be present when the resolution is adopted. in terms of its rules and orders, the national assembly may elect from among its members other presiding officers to assist the speaker and the deputy speaker. 53. decisions except where the constitution provides otherwisea majority of the members of the national assembly must be present before a vote may be taken on a bill or an amendment to a bill; at least one third of the members must be present before a vote may be taken on any other question before the assembly; and all questions before the assembly are decided by a majority of the votes cast. the member of the national assembly presiding at a meeting of the assembly has no deliberative vote, butmust cast a deciding vote when there is an equal number of votes on each side of a question; and may cast a deliberative vote when a question must be decided with a supporting vote of at least two thirds of the members of the assembly. 54. rights of certain cabinet members and deputy ministers in the national assembly the president and any member of the cabinet or any deputy minister who is not a member of the national assembly may, subject to the rules and orders of the assembly, attend and speak in the assembly, but may not vote. 55. powers of national assembly in exercising its legislative power, the national assembly mayconsider, pass, amend or reject any legislation before the assembly; and initiate or prepare legislation, except money bills. the national assembly must provide for mechanismsto ensure that all executive organs of state in the national sphere of government are accountable to it; and to maintain oversight ofthe exercise of national executive authority, including the implementation of legislation; and any organ of state. 56. evidence or information before national assembly the national assembly or any of its committees maysummon any person to appear before it to give evidence on oath or affirmation, or to produce documents; require any person or institution to report to it; compel, in terms of national legislation or the rules and orders, any person or institution to comply with a summons or requirement in terms of paragraph (a) or (b); and receive petitions, representations or submissions from any interested persons or institutions. 57. internal arrangements, proceedings and procedures of national assembly the national assembly maydetermine and control its internal arrangements, proceedings and procedures; and make rules and orders concerning its business, with due regard to representative and participatory democracy, accountability, transparency and public involvement. the rules and orders of the national assembly must provide forthe establishment, composition, powers, functions, procedures and duration of its committees; the participation in the proceedings of the assembly and its committees of minority parties represented in the assembly, in a manner consistent with democracy; financial and administrative assistance to each party represented in the assembly in proportion to its representation, to enable the party and its leader to perform their functions in the assembly effectively; and the recognition of the leader of the largest opposition party in the assembly as the leader of the opposition. 58. privilege cabinet members, deputy ministers and members of the national assemblyhave freedom of speech in the assembly and in its committees, subject to its rules and orders; and are not liable to civil or criminal proceedings, arrest, imprisonment or damages foranything that they have said in, produced before or submitted to the assembly or any of its committees; or anything revealed as a result of anything that they have said in, produced before or submitted to the assembly or any of its committees. other privileges and immunities of the national assembly, cabinet members and members of the assembly may be prescribed by national legislation. salaries, allowances and benefits payable to members of the national assembly are a direct charge against the national revenue fund. 59. public access to and involvement in national assembly the national assembly mustfacilitate public involvement in the legislative and other processes of the assembly and its committees; and conduct its business in an open manner, and hold its sittings, and those of its committees, in public, but reasonable measures may be takento regulate public access, including access of the media, to the assembly and its committees; and to provide for the searching of any person and, where appropriate, the refusal of entry to, or the removal of, any person. the national assembly may not exclude the public, including the media, from a sitting of a committee unless it is reasonable and justifiable to do so in an open and democratic society. part b. national council of provinces 60. composition of national council the national council of provinces is composed of a single delegation from each province consisting of ten delegates. the ten delegates arefour special delegates consisting ofthe premier of the province or, if the premier is not available, any member of the provincial legislature designated by the premier either generally or for any specific business before the national council of provinces; and three other special delegates; and six permanent delegates appointed in terms of section 61 (2). the premier of a province, or if the premier is not available, a member of the province’s delegation designated by the premier, heads the delegation. 61. allocation of delegates parties represented in a provincial legislature are entitled to delegates in the province’s delegation in accordance with the formula set out in part b of schedule 3. 2 a provincial legislature must, within 30 days after the result of an election of that legislature is declareddetermine, in accordance with national legislation, how many of each party’s delegates are to be permanent delegates and how many are to be special delegates; and appoint the permanent delegates in accordance with the nominations of the parties. [repealed] the national legislation envisaged in subsection (2) (a) must ensure the participation of minority parties in both the permanent and special delegates’ components of the delegation in a manner consistent with democracy. the legislature, with the concurrence of the premier and the leaders of the parties entitled to special delegates in the province’s delegation, must designate special delegates, as required from time to time, from among the members of the legislature. 62. permanent delegates a person nominated as a permanent delegate must be eligible to be a member of the provincial legislature. if a person who is a member of a provincial legislature is appointed as a permanent delegate, that person ceases to be a member of the legislature. permanent delegates are appointed for a term that expiresimmediately before the first sitting of a provincial legislature after its next election; or [repealed] a person ceases to be a permanent delegate if that personceases to be eligible to be a member of the provincial legislature for any reason other than being appointed as a permanent delegate; becomes a member of the cabinet; has lost the confidence of the provincial legislature and is recalled by the party that nominated that person; ceases to be a member of the party that nominated that person and is recalled by that party; or is absent from the national council of provinces without permission in circumstances for which the rules and orders of the council prescribe loss of office as a permanent delegate. vacancies among the permanent delegates must be filled in terms of national legislation. before permanent delegates begin to perform their functions in the national council of provinces, they must swear or affirm faithfulness to the republic and obedience to the constitution, in accordance with schedule 2. 63. sittings of national council the national council of provinces may determine the time and duration of its sittings and its recess periods. the president may summon the national council of provinces to an extraordinary sitting at any time to conduct special business. sittings of the national council of provinces are permitted at places other than the seat of parliament only on the grounds of public interest, security or convenience, and if provided for in the rules and orders of the council. 64. chairperson and deputy chairpersons the national council of provinces must elect a chairperson and two deputy chairpersons from among the delegates. the chairperson and one of the deputy chairpersons are elected from among the permanent delegates for five years unless their terms as delegates expire earlier. the other deputy chairperson is elected for a term of one year, and must be succeeded by a delegate from another province, so that every province is represented in turn. the chief justice must preside over the election of the chairperson, or designate another judge to do so. the chairperson presides over the election of the deputy chairpersons. the procedure set out in part a of schedule 3 applies to the election of the chairperson and the deputy chairpersons. the national council of provinces may remove the chairperson or a deputy chairperson from office. in terms of its rules and orders, the national council of provinces may elect from among the delegates other presiding officers to assist the chairperson and deputy chairpersons. 65. decisions except where the constitution provides otherwiseeach province has one vote, which is cast on behalf of the province by the head of its delegation; and all questions before the national council of provinces are agreed when at least five provinces vote in favour of the question. an act of parliament, enacted in accordance with the procedure established by either subsection (1) or subsection (2) of section 76, must provide for a uniform procedure in terms of which provincial legislatures confer authority on their delegations to cast votes on their behalf. 66. participation by members of national executive cabinet members and deputy ministers may attend, and may speak in, the national council of provinces, but may not vote. the national council of provinces may require a cabinet member, a deputy minister or an official in the national executive or a provincial executive to attend a meeting of the council or a committee of the council. 67. participation by local government representatives not more than ten part-time representatives designated by organised local government in terms of section 163, to represent the different categories of municipalities, may participate when necessary in the proceedings of the national council of provinces, but may not vote. 68. powers of national council in exercising its legislative power, the national council of provinces mayconsider, pass, amend, propose amendments to or reject any legislation before the council, in accordance with this chapter; and initiate or prepare legislation falling within a functional area listed in schedule 4 or other legislation referred to in section 76 (3), but may not initiate or prepare money bills. 69. evidence or information before national council the national council of provinces or any of its committees maysummon any person to appear before it to give evidence on oath or affirmation or to produce documents; require any institution or person to report to it; compel, in terms of national legislation or the rules and orders, any person or institution to comply with a summons or requirement in terms of paragraph (a) or (b); and receive petitions, representations or submissions from any interested persons or institutions. 70. internal arrangements, proceedings and procedures of national council the national council of provinces maydetermine and control its internal arrangements, proceedings and procedures; and make rules and orders concerning its business, with due regard to representative and participatory democracy, accountability, transparency and public involvement. the rules and orders of the national council of provinces must provide forthe establishment, composition, powers, functions, procedures and duration of its committees; the participation of all the provinces in its proceedings in a manner consistent with democracy; and the participation in the proceedings of the council and its committees of minority parties represented in the council, in a manner consistent with democracy, whenever a matter is to be decided in accordance with section 75. 71. privilege delegates to the national council of provinces and the persons referred to in sections 66 and 67have freedom of speech in the council and in its committees, subject to its rules and orders; and are not liable to civil or criminal proceedings, arrest, imprisonment or damages foranything that they have said in, produced before or submitted to the council or any of its committees; or anything revealed as a result of anything that they have said in, produced before or submitted to the council or any of its committees. other privileges and immunities of the national council of provinces, delegates to the council and persons referred to in sections 66 and 67 may be prescribed by national legislation. salaries, allowances and benefits payable to permanent members of the national council of provinces are a direct charge against the national revenue fund. 72. public access to and involvement in national council the national council of provinces mustfacilitate public involvement in the legislative and other processes of the council and its committees; and conduct its business in an open manner, and hold its sittings, and those of its committees, in public, but reasonable measures may be takento regulate public access, including access of the media, to the council and its committees; and to provide for the searching of any person and, where appropriate, the refusal of entry to, or the removal of, any person. the national council of provinces may not exclude the public, including the media, from a sitting of a committee unless it is reasonable and justifiable to do so in an open and democratic society. part c. national legislative process 73. all bills any bill may be introduced in the national assembly. only a cabinet member or a deputy minister, or a member or committee of the national assembly, may introduce a bill in the assembly, but only the cabinet member responsible for national financial matters may introduce the following bills in the assembly: a money bill; or a bill which provides for legislation envisaged in section 214. a bill referred to in section 76 (3), except a bill referred to in subsection (2) (a) or (b) of this section, may be introduced in the national council of provinces. only a member or committee of the national council of provinces may introduce a bill in the council. a bill passed by the national assembly must be referred to the national council of provinces if it must be considered by the council. a bill passed by the council must be referred to the assembly. 74. bills amending the constitution section 1 and this subsection may be amended by a bill passed bythe national assembly, with a supporting vote of at least 75 per cent of its members; and the national council of provinces, with a supporting vote of at least six provinces. chapter 2 may be amended by a bill passed bythe national assembly, with a supporting vote of at least two thirds of its members; and the national council of provinces, with a supporting vote of at least six provinces. any other provision of the constitution may be amended by a bill passedby the national assembly, with a supporting vote of at least two thirds of its members; and also by the national council of provinces, with a supporting vote of at least six provinces, if the amendmentrelates to a matter that affects the council; alters provincial boundaries, powers, functions or institutions; or amends a provision that deals specifically with a provincial matter. a bill amending the constitution may not include provisions other than constitutional amendments and matters connected with the amendments. at least 30 days before a bill amending the constitution is introduced in terms of section 73 (2), the person or committee intending to introduce the bill mustpublish in the national government gazette, and in accordance with the rules and orders of the national assembly, particulars of the proposed amendment for public comment; submit, in accordance with the rules and orders of the assembly, those particulars to the provincial legislatures for their views; and submit, in accordance with the rules and orders of the national council of provinces, those particulars to the council for a public debate, if the proposed amendment is not an amendment that is required to be passed by the council. when a bill amending the constitution is introduced, the person or committee introducing the bill must submit any written comments received from the public and the provincial legislaturesto the speaker for tabling in the national assembly; and in respect of amendments referred to in subsection (1), (2) or (3) (b), to the chairperson of the national council of provinces for tabling in the council. a bill amending the constitution may not be put to the vote in the national assembly within 30 days ofits introduction, if the assembly is sitting when the bill is introduced; or its tabling in the assembly, if the assembly is in recess when the bill is introduced. if a bill referred to in subsection (3) (b), or any part of the bill, concerns only a specific province or provinces, the national council of provinces may not pass the bill or the relevant part unless it has been approved by the legislature or legislatures of the province or provinces concerned. a bill amending the constitution that has been passed by the national assembly and, where applicable, by the national council of provinces, must be referred to the president for assent. 75. ordinary bills not affecting provinces when the national assembly passes a bill other than a bill to which the procedure set out in section 74 or 76 applies, the bill must be referred to the national council of provinces and dealt with in accordance with the following procedure: the council mustpass the bill; pass the bill subject to amendments proposed by it; or reject the bill. if the council passes the bill without proposing amendments, the bill must be submitted to the president for assent. if the council rejects the bill or passes it subject to amendments, the assembly must reconsider the bill, taking into account any amendment proposed by the council, and maypass the bill again, either with or without amendments; or decide not to proceed with the bill. a bill passed by the assembly in terms of paragraph (c) must be submitted to the president for assent. when the national council of provinces votes on a question in terms of this section, section 65 does not apply; insteadeach delegate in a provincial delegation has one vote; at least one third of the delegates must be present before a vote may be taken on the question; and the question is decided by a majority of the votes cast, but if there is an equal number of votes on each side of the question, the delegate presiding must cast a deciding vote. 76. ordinary bills affecting provinces when the national assembly passes a bill referred to in subsection (3), (4) or (5), the bill must be referred to the national council of provinces and dealt with in accordance with the following procedure: the council mustpass the bill; pass an amended bill; or reject the bill. if the council passes the bill without amendment, the bill must be submitted to the president for assent. if the council passes an amended bill, the amended bill must be referred to the assembly, and if the assembly passes the amended bill, it must be submitted to the president for assent. if the council rejects the bill, or if the assembly refuses to pass an amended bill referred to it in terms of paragraph (c), the bill and, where applicable, also the amended bill, must be referred to the mediation committee, which may agree onthe bill as passed by the assembly; the amended bill as passed by the council; or another version of the bill. if the mediation committee is unable to agree within 30 days of the bill’s referral to it, the bill lapses unless the assembly again passes the bill, but with a supporting vote of at least two thirds of its members. if the mediation committee agrees on the bill as passed by the assembly, the bill must be referred to the council, and if the council passes the bill, the bill must be submitted to the president for assent. if the mediation committee agrees on the amended bill as passed by the council, the bill must be referred to the assembly, and if it is passed by the assembly, it must be submitted to the president for assent. if the mediation committee agrees on another version of the bill, that version of the bill must be referred to both the assembly and the council, and if it is passed by the assembly and the council, it must be submitted to the president for assent. if a bill referred to the council in terms of paragraph (f) or (h) is not passed by the council, the bill lapses unless the assembly passes the bill with a supporting vote of at least two thirds of its members. if a bill referred to the assembly in terms of paragraph (g) or (h) is not passed by the assembly, that bill lapses, but the bill as originally passed by the assembly may again be passed by the assembly, but with a supporting vote of at least two thirds of its members. a bill passed by the assembly in terms of paragraph (e), (i) or (j) must be submitted to the president for assent. when the national council of provinces passes a bill referred to in subsection (3), the bill must be referred to the national assembly and dealt with in accordance with the following procedure: the assembly mustpass the bill; pass an amended bill; or reject the bill. a bill passed by the assembly in terms of paragraph (a) (i) must be submitted to the president for assent. if the assembly passes an amended bill, the amended bill must be referred to the council, and if the council passes the amended bill, it must be submitted to the president for assent. if the assembly rejects the bill, or if the council refuses to pass an amended bill referred to it in terms of paragraph (c), the bill and, where applicable, also the amended bill must be referred to the mediation committee, which may agree onthe bill as passed by the council; the amended bill as passed by the assembly; or another version of the bill. if the mediation committee is unable to agree within 30 days of the bill’s referral to it, the bill lapses. if the mediation committee-agrees on the bill as passed by the council, the bill must be referred to the assembly, and if the assembly passes the bill, the bill must be submitted to the president for assent. if the mediation committee agrees on the amended bill as passed by the assembly, the bill must be referred to the council, and if it is passed by the council, it must be submitted to the president for assent. if the mediation committee agrees on another version of the bill, that version of the bill must be referred to both the council and the assembly, and if it is passed by the council and the assembly, it must be submitted to the president for assent. if a bill referred to the assembly in terms of paragraph (f) or (h) is not passed by the assembly, the bill lapses. a bill must be dealt with in accordance with the procedure established by either subsection (1) or subsection (2) if it falls within a functional area listed in schedule 4 or provides for legislation envisaged in any of the following sections: section 65 (2); section 163; section 182; section 195 (3) and (4); section 196; and section 197. a bill must be dealt with in accordance with the procedure established by subsection (1) if it provides for legislationenvisaged in section 44 (2) or 220 (3); or envisaged in chapter 13, and which includes any provision affecting the financial interests of the provincial sphere of government. a bill envisaged in section 42 (6) must be dealt with in accordance with the procedure established by subsection (1), except thatwhen the national assembly votes on the bill, the provisions of section 53 (1) do not apply; instead, the bill may be passed only if a majority of the members of the assembly vote in favour of it; and if the bill is referred to the mediation committee, the following rules apply: if the national assembly considers a bill envisaged in subsection (1) (g) or (h), that bill may be passed only if a majority of the members of the assembly vote in favour of it. if the national assembly considers or reconsiders a bill envisaged in subsection (1) (e), (i) or (j), that bill may be passed only if at least two thirds of the members of the assembly vote in favour of it. this section does not apply to money bills. 77. money bills a bill is a money bill if itappropriates money; imposes national taxes, levies, duties or surcharges; abolishes or reduces, or grants exemptions from, any national taxes, levies, duties or surcharges; or authorises direct charges against the national revenue fund, except a bill envisaged in section 214 authorising direct charges. a money bill may not deal with any other matter excepta subordinate matter incidental to the appropriation of money; the imposition, abolition or reduction of national taxes, levies, duties or surcharges; the granting of exemption from national taxes, levies, duties or surcharges; or the authorisation of direct charges against the national revenue fund. all money bills must be considered in accordance with the procedure established by section 75. an act of parliament must provide for a procedure to amend money bills before parliament. 78. mediation committee the mediation committee consists ofnine members of the national assembly elected by the assembly in accordance with a procedure that is prescribed by the rules and orders of the assembly and results in the representation of parties in substantially the same proportion that the parties are represented in the assembly; and one delegate from each provincial delegation in the national council of provinces, designated by the delegation. the mediation committee has agreed on a version of a bill, or decided a question, when that version, or one side of the question, is supported byat least five of the representatives of the national assembly; and at least five of the representatives of the national council of provinces. 79. assent to bills the president must either assent to and sign a bill passed in terms of this chapter or, if the president has reservations about the constitutionality of the bill, refer it back to the national assembly for reconsideration. the joint rules and orders must provide for the procedure for the reconsideration of a bill by the national assembly and the participation of the national council of provinces in the process. the national council of provinces must participate in the reconsideration of a bill that the president has referred back to the national assembly ifthe president’s reservations about the constitutionality of the bill relate to a procedural matter that involves the council; or section 74 (1), (2) or (3) (b) or 76 was applicable in the passing of the bill. if, after reconsideration, a bill fully accommodates the president’s reservations, the president must assent to and sign the bill; if not, the president must eitherassent to and sign the bill; or refer it to the constitutional court for a decision on its constitutionality. if the constitutional court decides that the bill is constitutional, the president must assent to and sign it. 80. application by members of national assembly to constitutional court members of the national assembly may apply to the constitutional court for an order declaring that all or part of an act of parliament is unconstitutional. an applicationmust be supported by at least one third of the members of the national assembly; and must be made within 30 days of the date on which the president assented to and signed the act. the constitutional court may order that all or part of an act that is the subject of an application in terms of subsection (1) has no force until the court has decided the application ifthe interests of justice require this; and the application has a reasonable prospect of success. if an application is unsuccessful, and did not have a reasonable prospect of success, the constitutional court may order the applicants to pay costs. 81. publication of acts a bill assented to and signed by the president becomes an act of parliament, must be published promptly, and takes effect when published or on a date determined in terms of the act. 82. safekeeping of acts of parliament the signed copy of an act of parliament is conclusive evidence of the provisions of that act and, after publication, must be entrusted to the constitutional court for safekeeping. chapter 5. the president and national executive 83. the president the presidentis the head of state and head of the national executive; must uphold, defend and respect the constitution as the supreme law of the republic; and promotes the unity of the nation and that which will advance the republic. 84. powers and functions of president the president has the powers entrusted by the constitution and legislation, including those necessary to perform the functions of head of state and head of the national executive. the president is responsible forassenting to and signing bills; referring a bill back to the national assembly for reconsideration of the bill’s constitutionality; referring a bill to the constitutional court for a decision on the bill’s constitutionality; summoning the national assembly, the national council of provinces or parliament to an extraordinary sitting to conduct special business; making any appointments that the constitution or legislation requires the president to make, other than as head of the national executive; appointing commissions of inquiry; calling a national referendum in terms of an act of parliament; receiving and recognising foreign diplomatic and consular representatives; appointing ambassadors, plenipotentiaries, and diplomatic and consular representatives; pardoning or reprieving offenders and remitting any fines, penalties or forfeitures; and conferring honours. 85. executive authority of the republic the executive authority of the republic is vested in the president. the president exercises the executive authority, together with the other members of the cabinet, byimplementing national legislation except where the constitution or an act of parliament provides otherwise; developing and implementing national policy; co-ordinating the functions of state departments and administrations; preparing and initiating legislation; and performing any other executive function provided for in the constitution or in national legislation. 86. election of president at its first sitting after its election, and whenever necessary to fill a vacancy, the national assembly must elect a woman or a man from among its members to be the president. the chief justice must preside over the election of the president, or designate another judge to do so. the procedure set out in part a of schedule 3 applies to the election of the president. an election to fill a vacancy in the office of president must be held at a time and on a date determined by the chief justice, but not more than 30 days after the vacancy occurs. 87. assumption of office by president when elected president, a person ceases to be a member of the national assembly and, within five days, must assume office by swearing or affirming faithfulness to the republic and obedience to the constitution, in accordance with schedule 2. 88. term of office of president the president’s term of office begins on assuming office and ends upon a vacancy occurring or when the person next elected president assumes office. no person may hold office as president for more than two terms, but when a person is elected to fill a vacancy in the office of president, the period between that election and the next election of a president is not regarded as a term. 89. removal of president the national assembly, by a resolution adopted with a supporting vote of at least two thirds of its members, may remove the president from office only on thea serious violation of the constitution or the law; serious misconduct; or inability to perform the functions of office. anyone who has been removed from the office of president in terms of subsection (1) (a) or (b) may not receive any benefits of that office, and may not serve in any public office. 90. acting president when the president is absent from the republic or otherwise unable to fulfil the duties of president, or during a vacancy in the office of president, an office-bearer in the order below acts as president: the deputy president. a minister designated by the president. a minister designated by the other members of the cabinet. the speaker, until the national assembly designates one of its other members. an acting president has the responsibilities, powers and functions of the president. before assuming the responsibilities, powers and functions of the president, the acting president must swear or affirm faithfulness to the republic and obedience to the constitution, in accordance with schedule 2. a person who as acting president has sworn or affirmed faithfulness to the republic need not repeat the swearing or affirming procedure for any subsequent term as acting president during the period ending when the person next elected president assumes office. 91. cabinet the cabinet consists of the president, as head of the cabinet, a deputy president and ministers. the president appoints the deputy president and ministers, assigns their powers and functions, and may dismiss them. the presidentmust select the deputy president from among the members of the national assembly; may select any number of ministers from among the members of the national assembly; and may select no more than two ministers from outside the assembly. the president must appoint a member of the cabinet to be the leader of government business in the national assembly. the deputy president must assist the president in the execution of the functions of government. 92. accountability and responsibilities the deputy president and ministers are responsible for the powers and functions of the executive assigned to them by the president. members of the cabinet are accountable collectively and individually to parliament for the exercise of their powers and the performance of their functions. members of the cabinet mustact in accordance with the constitution; and provide parliament with full and regular reports concerning matters under their control. 93. deputy ministers the president may appointany number of deputy ministers from among the members of the national assembly; and no more than two deputy ministers from outside the assembly, to assist the members of the cabinet, and may dismiss them. deputy ministers appointed in terms of subsection (1) (b) are accountable to parliament for the exercise of their powers and the performance of their functions. 94. continuation of cabinet offer elections when an election of the national assembly is held, the cabinet, the deputy president, ministers and any deputy ministers remain competent to function until the person elected president by the next assembly assumes office. 95. oath or affirmation before the deputy president, ministers and any deputy ministers begin to perform their functions, they must swear or affirm faithfulness to the republic and obedience to the constitution, in accordance with schedule 2. 96. conduct of cabinet members and deputy ministers members of the cabinet and deputy ministers must act in accordance with a code of ethics prescribed by national legislation. members of the cabinet and deputy ministers may notundertake any other paid work; act in any way that is inconsistent with their office, or expose themselves to any situation involving the risk of a conflict between their official responsibilities and private interests; or use their position or any information entrusted to them, to enrich themselves or improperly benefit any other person. 97. transfer of functions the president by proclamation may transfer to a member of the cabinetthe administration of any legislation entrusted to another member; or any power or function entrusted by legislation to another member. 98. temporary assignment of functions the president may assign to a cabinet member any power or function of another member who is absent from office or is unable to exercise that power or perform that function. 99. assignment of functions a cabinet member may assign any power or function that is to be exercised or performed in terms of an act of parliament to a member of a provincial executive council or to a municipal council. an assignmentmust be in terms of an agreement between the relevant cabinet member and the executive council member or municipal council; must be consistent with the act of parliament in terms of which the relevant power or function is exercised or performed; and takes effect upon proclamation by the president. 100. national intervention in provincial administration when a province cannot or does not fulfil an executive obligation in terms of the constitution or legislation, the national executive may intervene by taking any appropriate steps to ensure fulfilment of that obligation, includingissuing a directive to the provincial executive, describing the extent of the failure to fulfil its obligations and stating any steps required to meet its obligations; and assuming responsibility for the relevant obligation in that province to the extent necessary tomaintain essential national standards or meet established minimum standards for the rendering of a service; maintain economic unity; maintain national security; or prevent that province from taking unreasonable action that is prejudicial to the interests of another province or to the country as a whole. if the national executive intervenes in a province in terms of subsection (1) (b)it must submit a written notice of the intervention to the national council of provinces within 14 days after the intervention began; the intervention must end if the council disapproves the intervention within 180 days after the intervention began or by the end of that period has not approved the intervention; and the council must, while the intervention continues, review the intervention regularly and may make any appropriate recommendations to the national executive. national legislation may regulate the process established by this section. 101. executive decisions a decision by the president must be in writing if itis taken in terms of legislation; or has legal consequences. a written decision by the president must be countersigned by another cabinet member if that decision concerns a function assigned to that other cabinet member. proclamations, regulations and other instruments of subordinate legislation must be accessible to the public. national legislation may specify the manner in which, and the extent to which, instruments mentioned in subsection (3) must betabled in parliament; and approved by parliament. 102. motions of no confidence if the national assembly, by a vote supported by a majority of its members, passes a motion of no confidence in the cabinet excluding the president, the president must reconstitute the cabinet. if the national assembly, by a vote supported by a majority of its members, passes a motion of no confidence in the president, the president and the other members of the cabinet and any deputy ministers must resign. chapter 6. provinces 103. provinces the republic has the following provinces: eastern cape; free state; gauteng; kwazulu-natal; limpopo; mpumalanga; northern cape; north west; western cape. the geographical areas of the respective provinces comprise the sum of the indicated geographical areas reflected in the various maps referred to in the notice listed in schedule 1a. 3 whenever the geographical area of a province is re-determined by an amendment to the constitution, an act of parliament may provide for measures to regulate, within a reasonable time, the legal, practical and any other consequences of the re-determination. an act of parliament envisaged in paragraph (a) may be enacted and implemented before such amendment to the constitution takes effect, but any provincial functions, assets, rights, obligations, duties or liabilities may only be transferred in terms of that act after that amendment to the constitution takes effect. part a. provincial legislatures 104. legislative authority of provinces the legislative authority of a province is vested in its provincial legislature, and confers on the provincial legislature the powerto pass a constitution for its province or to amend any constitution passed by it in terms of sections 142 and 143; to pass legislation for its province with regard toany matter within a functional area listed in schedule 4; any matter within a functional area listed in schedule 5; any matter outside those functional areas, and that is expressly assigned to the province by national legislation; and any matter for which a provision of the constitution envisages the enactment of provincial legislation; and to assign any of its legislative powers to a municipal council in that province. the legislature of a province, by a resolution adopted with a supporting vote of at least two thirds of its members, may request parliament to change the name of that province. a provincial legislature is bound only by the constitution and, if it has passed a constitution for its province, also by that constitution, and must act in accordance with, and within the limits of, the constitution and that provincial constitution. provincial legislation with regard to a matter that is reasonably necessary for, or incidental to, the effective exercise of a power concerning any matter listed in schedule 4, is for all purposes legislation with regard to a matter listed in schedule 4. a provincial legislature may recommend to the national assembly legislation concerning any matter outside the authority of that legislature, or in respect of which an act of parliament prevails over a provincial law. 105. composition and election of provincial legislatures a provincial legislature consists of women and men elected as members in terms of an electoral system thatis prescribed by national legislation; is based on that province’s segment of the national common voters roll; provides for a minimum voting age of 18 years; and results, in general, in proportional representation. a provincial legislature consists of between 30 and 80 members. the number of members, which may differ among the provinces, must be determined in terms of a formula prescribed by national legislation. 106. membership every citizen who is qualified to vote for the national assembly is eligible to be a member of a provincial legislature, exceptanyone who is appointed by, or is in the service of, the state and receives remuneration for that appointment or service, other thanthe premier and other members of the executive council of a province; and other office-bearers whose functions are compatible with the functions of a member of a provincial legislature, and have been declared compatible with those functions by national legislation; members of the national assembly, permanent delegates to the national council of provinces or members of a municipal council; unrehabilitated insolvents; anyone declared to be of unsound mind by a court of the republic; or anyone who, after this section took effect, is convicted of an offence and sentenced to more than 12 months’ imprisonment without the option of a fine, either in the republic, or outside the republic if the conduct constituting the offence would have been an offence in the republic, but no one may be regarded as having been sentenced until an appeal against the conviction or sentence has been determined, or until the time for an appeal has expired. a disqualification under this paragraph ends five years after the sentence has been completed. a person who is not eligible to be a member of a provincial legislature in terms of subsection (1) (a) or (b) may be a candidate for the legislature, subject to any limits or conditions established by national legislation. a person loses membership of a provincial legislature if that personceases to be eligible; is absent from the legislature without permission in circumstances for which the rules and orders of the legislature prescribe loss of membership; or. ceases to be a member of the party that nominated that person as a member of the legislature. vacancies in a provincial legislature must be filled in terms of national legislation. 107. oath or affirmation before members of a provincial legislature begin to perform their functions in the legislature, they must swear or affirm faithfulness to the republic and obedience to the constitution, in accordance with schedule 2. 108. duration of provincial legislatures a provincial legislature is elected for a term of five years. if a provincial legislature is dissolved in terms of section 109, or when its term expires, the premier of the province, by proclamation, must call and set dates for an election, which must be held within 90 days of the date the legislature was dissolved or its term expired. a proclamation calling and setting dates for an election may be issued before or after the expiry of the term of a provincial legislature. if the result of an election of a provincial legislature is not declared within the period referred to in section 190, or if an election is set aside by a court, the president, by proclamation, must call and set dates for another election, which must be held within 90 days of the expiry of that period or of the date on which the election was set aside. a provincial legislature remains competent to function from the time it is dissolved or its term expires, until the day before the first day of polling for the next legislature. 109. dissolution of provincial legislatures before expiry of term the premier of a province must dissolve the provincial legislature ifthe legislature has adopted a resolution to dissolve with a supporting vote of a majority of its members; and three years have passed since the legislature was elected. an acting premier must dissolve the provincial legislature ifthere is a vacancy in the office of premier; and the legislature fails to elect a new premier within 30 days after the vacancy occurred. 110. sittings and recess periods after an election, the first sitting of a provincial legislature must take place at a time and on a date determined by a judge designated by the chief justice, but not more than 14 days after the election result has been declared. a provincial legislature may determine the time and duration of its other sittings and its recess periods. the premier of a province may summon the provincial legislature to an extraordinary sitting at any time to conduct special business. a provincial legislature may determine where it ordinarily will sit. 111. speakers and deputy speakers at the first sitting after its election, or when necessary to fill a vacancy, a provincial legislature must elect a speaker and a deputy speaker from among its members. a judge designated by the chief justice must preside over the election of a speaker. the speaker presides over the election of a deputy speaker. the procedure set out in part a of schedule 3 applies to the election of speakers and deputy speakers. a provincial legislature may remove its speaker or deputy speaker from office by resolution. a majority of the members of the legislature must be present when the resolution is adopted. in terms of its rules and orders, a provincial legislature may elect from among its members other presiding officers to assist the speaker and the deputy speaker. 112. decisions except where the constitution provides otherwisea majority of the members of a provincial legislature must be present before a vote may be taken on a bill or an amendment to a bill; at least one third of the members must be present before a vote may be taken on any other question before the legislature; and all questions before a provincial legislature are decided by a majority of the votes cast. the member presiding at a meeting of a provincial legislature has no deliberative vote, butmust cast a deciding vote when there is an equal number of votes on each side of a question; and may cast a deliberative vote when a question must be decided with a supporting vote of at least two thirds of the members of the legislature. 113. permanent delegates’ rights in provincial legislatures a province’s permanent delegates to the national council of provinces may attend, and may speak in, their provincial legislature and its committees, but may not vote. the legislature may require a permanent delegate to attend the legislature or its committees. 114. powers of provincial legislatures in exercising its legislative power, a provincial legislature mayconsider, pass, amend or reject any bill before the legislature; and initiate or prepare legislation, except money bills. a provincial legislature must provide for mechanismsto ensure that all provincial executive organs of state in the province are accountable to it; and to maintain oversight ofthe exercise of provincial executive authority in the province, including the implementation of legislation; and any provincial organ of state. 115. evidence or information before provincial legislatures a provincial legislature or any of its committees maysummon any person to appear before it to give evidence on oath or affirmation, or to produce documents; require any person or provincial institution to report to it; compel, in terms of provincial legislation or the rules and orders, any person or institution to comply with a summons or requirement in terms of paragraph (a) or (b); and receive petitions, representations or submissions from any interested persons or institutions. 116. internal arrangements, proceedings and procedures of provincial legislatures a provincial legislature maydetermine and control its internal arrangements, proceedings and procedures; and make rules and orders concerning its business, with due regard to representative and participatory democracy, accountability, transparency and public involvement. the rules and orders of a provincial legislature must provide forthe establishment, composition, powers, functions, procedures and duration of its committees; the participation in the proceedings of the legislature and its committees of minority parties represented in the legislature, in a manner consistent with democracy; financial and administrative assistance to each party represented in the legislature, in proportion to its representation, to enable the party and its leader to perform their functions in the legislature effectively; and the recognition of the leader of the largest opposition party in the legislature, as the leader of the opposition. 117. privilege members of a provincial legislature and the province’s permanent delegates to the national council of provinceshave freedom of speech in the legislature and in its committees, subject to its rules and orders; and are not liable to civil or criminal proceedings, arrest, imprisonment or damages foranything that they have said in, produced before or submitted to the legislature or any of its committees; or anything revealed as a result of anything that they have said in, produced before or submitted to the legislature or any of its committees. other privileges and immunities of a provincial legislature and its members may be prescribed by national legislation. salaries, allowances and benefits payable to members of a provincial legislature are a direct charge against the provincial revenue fund. 118. public access to and involvement in provincial legislatures a provincial legislature mustfacilitate public involvement in the legislative and other processes of the legislature and its committees; and conduct its business in an open manner, and hold its sittings, and those of its committees, in public, but reasonable measures may be takento regulate public access, including access of the media, to the legislature and its committees; and to provide for the searching of any person and, where appropriate, the refusal of entry to, or the removal of, any person. a provincial legislature may not exclude the public, including the media, from a sitting of a committee unless it is reasonable and justifiable to do so in an open and democratic society. 119. introduction of bills only members of the executive council of a province or a committee or member of a provincial legislature may introduce a bill in the legislature; but only the member of the executive council who is responsible for financial matters in the province may introduce a money bill in the legislature. 120. money bills a bill is a money bill if itappropriates money; imposes provincial taxes, levies, duties or surcharges; abolishes or reduces, or grants exemptions from, any provincial taxes, levies, duties or surcharges; or authorises direct charges against a provincial revenue fund. a money bill may not deal with any other matter excepta subordinate matter incidental to the appropriation of money; the imposition, abolition or reduction of provincial taxes, levies, duties or surcharges; the granting of exemption from provincial taxes, levies, duties or surcharges; or the authorisation of direct charges against a provincial revenue fund. a provincial act must provide for a procedure by which the province’s legislature may amend a money bill. 121. assent to bills the premier of a province must either assent to and sign a bill passed by the provincial legislature in terms of this chapter or, if the premier has reservations about the constitutionality of the bill, refer it back to the legislature for reconsideration. if, after reconsideration, a bill fully accommodates the premier’s reservations, the premier must assent to and sign the bill; if not, the premier must eitherassent to and sign the bill; or refer it to the constitutional court for a decision on its constitutionality. if the constitutional court decides that the bill is constitutional, the premier must assent to and; sign it. 122. application by members to constitutional court members of a provincial legislature may apply to the constitutional court for an order declaring that all or part of a provincial act is unconstitutional. an applicationmust be supported by at least 20 per cent of the members of the legislature; and must be made within 30 days of the date on which the premier assented to and signed the act. the constitutional court may order that all or part of an act that is the subject of an application in terms of subsection (1) has no force until the court has decided the application ifthe interests of justice require this; and the application has a reasonable prospect of success. if an application is unsuccessful, and did not have a reasonable prospect of success, the constitutional court may order the applicants to pay costs. 123. publication of provincial acts a bill assented to and signed by the premier of a province becomes a provincial act, must be published promptly and takes effect when published or on a date determined in terms of the act. 124. safekeeping of provincial acts the signed copy of a provincial act is conclusive evidence of the provisions of that act and, after publication, must be entrusted to the constitutional court for safekeeping . part b. provincial executives 125. executive authority of provinces the executive authority of a province is vested in the premier of that province. the premier exercises the executive authority, together with the other members of the executive council, byimplementing provincial legislation in the province; implementing all national legislation within the functional areas listed in schedule 4 or 5 except where the constitution or an act of parliament provides otherwise; administering in the province, national legislation outside the functional areas listed in schedules 4 and 5, the administration of which has been assigned to the provincial executive in terms of an act of parliament; developing and implementing provincial policy; co-ordinating the functions of the provincial administration and its departments; preparing and initiating provincial legislation; and performing any other function assigned to the provincial executive in terms of the constitution or an act of parliament. a province has executive authority in terms of subsection (2) (b) only to the extent that the province has the administrative capacity to assume effective responsibility. the national government, by legislative and other measures, must assist provinces to develop the administrative capacity required for the effective exercise of their powers and performance of their functions referred to in subsection (2). any dispute concerning the administrative capacity of a province in regard to any function must be referred to the national council of provinces for resolution within 30 days of the date of the referral to the council. subject to section 100, the implementation of provincial legislation in a province is an exclusive provincial executive power. the provincial executive must act in accordance withthe constitution; and the provincial constitution, if a constitution has been passed for the province. 126. assignment of functions a member of the executive council of a province may assign any power or function that is to be exercised or performed in terms of an act of parliament or a provincial act, to a municipal council. an assignmentmust be in terms of an agreement between the relevant executive council member and the municipal council; must be consistent with the act in terms of which the relevant power or function is exercised or performed; and takes effect upon proclamation by the premier. 127. powers and functions of premiers the premier of a province has the powers and functions entrusted to that office by the constitution and any legislation. the premier of a province is responsible forassenting to and signing bills; referring a bill back to the provincial legislature for reconsideration of the bill’s constitutionality; referring a bill to the constitutional court for a decision on the bill’s constitutionality; summoning the legislature to an extraordinary sitting to conduct special business; appointing commissions of inquiry; and calling a referendum in the province in accordance with national legislation. 128. election of premiers at its first sitting after its election, and whenever necessary to fill a vacancy, a provincial legislature must elect a woman or a man from among its members to be the premier of the province. a judge designated by the chief justice must preside over the election of the premier. the procedure set out in part a of schedule 3 applies to the election of the premier. an election to fill a vacancy in the office of premier must be held at a time and on a date determined by the chief justice, but not later than 30 days after the vacancy occurs. 129. assumption of office by premiers a premier-elect must assume office within five days of being elected, by swearing or affirming faithfulness to the republic and obedience to the constitution, in accordance with schedule 2. 130. term of office and removal of premiers a premier’s term of office begins when the premier assumes office and ends upon a vacancy occurring or when the person next elected premier assumes office. no person may hold office as premier for more than two terms, but when a person is elected to fill a vacancy in the office of premier, the period between that election and the next election of a premier is not regarded as a term. the legislature of a province, by a resolution adopted with a supporting vote of at least two thirds of its members, may remove the premier from office only on the grounds ofa serious violation of the constitution or the law; serious misconduct; or inability to perform the functions of office. anyone who has been removed from the office of premier in terms of subsection (3) (a) or (b) may not receive any benefits of that office, and may not serve in any public office. 131. acting premiers when the premier is absent or otherwise unable to fulfil the duties of the office of premier, or during a vacancy in the office of premier, an office-bearer in the order below acts as the premier: a member of the executive council designated by the premier. a member of the executive council designated by the other members of the council. the speaker, until the legislature designates one of its other members. an acting premier has the responsibilities, powers and functions of the premier. before assuming the responsibilities, powers and functions of the premier, the acting premier must swear or affirm faithfulness to the republic and obedience to the constitution, in accordance with schedule 2. 132. executive councils the executive council of a province consists of the premier, as head of the council, and no fewer than five and no more than ten members appointed by the premier from among the members of the provincial legislature. the premier of a province appoints the members of the executive council, assigns their powers and functions, and may dismiss them. 133. accountability and responsibilities the members of the executive council of a province are responsible for the functions of the executive assigned to them by the premier. members of the executive council of a province are accountable collectively and individually to the legislature for the exercise of their powers and the performance of their functions. members of the executive council of a province mustact in accordance with the constitution and, if a provincial constitution has been passed for the province, also that constitution; and provide the legislature with full and regular reports concerning matters under their control. 134. continuation of executive councils after elections when an election of a provincial legislature is held, the executive council and its members remain competent to function until the person elected premier by the next legislature assumes office. 135. oath or affirmation before members of the executive council of a province begin to perform their functions, they must swear or affirm faithfulness to the republic and obedience to the constitution, in accordance with schedule 2. 136. conduct of members of executive councils members of the executive council of a province must act in accordance with a code of ethics prescribed by national legislation. members of the executive council of a province may notundertake any other paid work; act in any way that is inconsistent with their office, or expose themselves to any situation involving the risk of a conflict between their official responsibilities and private interests; or use their position or any information entrusted to them, to enrich themselves or improperly benefit any other person. 137. transfer of functions the premier by proclamation may transfer to a member of the executive councilthe administration of any legislation entrusted to another member; or any power or function entrusted by legislation to another member. 138. temporary assignment of functions the premier of a province may assign to a member of the executive council any power or function of another member who is absent from office or is unable to exercise that power or perform that function. 139. provincial intervention in local government when a municipality cannot or does not fulfil an executive obligation in terms of the constitution or legislation, the relevant provincial executive may intervene by taking any appropriate steps to ensure fulfilment of that obligation, includingissuing a directive to the municipal council, describing the extent of the failure to fulfil its obligations and stating any steps required to meet its obligations; assuming responsibility for the relevant obligation in that municipality to the extent necessary tomaintain essential national standards or meet established minimum standards for the rendering of a service; prevent that municipal council from taking unreasonable action that is prejudicial to the interests of another municipality or to the province as a whole; or maintain economic unity; or dissolving the municipal council and appointing an administrator until a newly elected municipal council has been declared elected, if exceptional circumstances warrant such a step. if a provincial executive intervenes in a municipality in terms of subsection (1) (b)it must submit a written notice of the intervention tothe cabinet member responsible for local government affairs; and the relevant provincial legislature and the national council of provinces, within 14 days after the intervention began; the intervention must end ifthe cabinet member responsible for local government affairs disapproves the intervention within 28 days after the intervention began or by the end of that period has not approved the intervention; or the council disapproves the intervention within 180 days after the intervention began or by the end of that period has not approved the intervention; and the council must, while the intervention continues, review the intervention regularly and may make any appropriate recommendations to the provincial executive. if a municipal council is dissolved in terms of subsection (1) (c)the provincial executive must immediately submit a written notice of the dissolution tothe cabinet member responsible for local government affairs; and the relevant provincial legislature and the national council of provinces; and the dissolution takes effect 14 days from the date of receipt of the notice by the council unless set aside by that cabinet member or the council before the expiry of those 14 days. if a municipality cannot or does not fulfil an obligation in terms of the constitution or legislation to approve a budget or any revenue-raising measures necessary to give effect to the budget, the relevant provincial executive must intervene by taking any appropriate steps to ensure that the budget or those revenue-raising measures are approved, including dissolving the municipal council andappointing an administrator until a newly elected municipal council has been declared elected; and approving a temporary budget or revenue-raising measures to provide for the continued functioning of the municipality. if a municipality, as a result of a crisis in its financial affairs, is in serious or persistent material breach of its obligations to provide basic services or to meet its financial commitments, or admits that it is unable to meet its obligations or financial commitments, the relevant provincial executive must impose a recovery plan aimed at securing the municipality’s ability to meet its obligations to provide basic services or its financial commitments, whichis to be prepared in accordance with national legislation; and binds the municipality in the exercise of its legislative and executive authority, but only to the extent necessary to solve the crisis in its financial affairs; and dissolve the municipal council, if the municipality cannot or does not approve legislative measures, including a budget or any revenue-raising measures, necessary to give effect to the recovery plan, andappoint an administrator until a newly elected municipal council has been declared elected; and approve a temporary budget or revenue-raising measures or any other measures giving effect to the recovery plan to provide for the continued functioning of the municipality; or if the municipal council is not dissolved in terms of paragraph (b), assume responsibility for the implementation of the recovery plan to the extent that the municipality cannot or does not otherwise implement the recovery plan. if a provincial executive intervenes in a municipality in terms of subsection (4) or (5), it must submit a written notice of the intervention tothe cabinet member responsible for local government affairs; and the relevant provincial legislature and the national council of provinces, within seven days after the intervention began. if a provincial executive cannot or does not or does not adequately exercise the powers or perform the functions referred to in subsection (4) or (5), the national executive must intervene in terms of subsection (4) or (5) in the stead of the relevant provincial executive. national legislation may regulate the implementation of this section, including the processes established by this section. 140. executive decisions a decision by the premier of a province must be in writing if itis taken in terms of legislation; or has legal consequences. a written decision by the premier must be countersigned by another executive council member if that decision concerns a function assigned to that other member. proclamations, regulations and other instruments of subordinate legislation of a province must be accessible to the public. provincial legislation may specify the manner in which, and the extent to which, instruments mentioned in subsection (3) must betabled in the provincial legislature; and approved by the provincial legislature. 141. motions of no confidence if a provincial legislature, by a vote supported by a majority of its members, passes a motion of no confidence in the province’s executive council excluding the premier, the premier must reconstitute the council. if a provincial legislature, by a vote supported by a majority of its members, passes a motion of no confidence in the premier, the premier and the other members of the executive council must resign. part c. provincial constitutions 142. adoption of provincial constitutions a provincial legislature may pass a constitution for the province or, where applicable, amend its constitution, if at least two thirds of its members vote in favour of the bill. 143. contents of provincial constitutions a provincial constitution, or constitutional amendment, must not be inconsistent with this constitution, but may provide forprovincial legislative or executive structures and procedures that differ from those provided for in this chapter; or the institution, role, authority and status of a traditional monarch, where applicable. provisions included in a provincial constitution or constitutional amendment in terms of paragraph (a) or (b) of subsection (1)must comply with the values in section 1 and with chapter 3; and may not confer on the province any power or function that fallsoutside the area of provincial competence in terms of schedules 4 and 5; or outside the powers and functions conferred on the province by other sections of the constitution. 144. certification of provincial constitutions if a provincial legislature has passed or amended a constitution, the speaker of the legislature must submit the text of the constitution or constitutional amendment to the constitutional court for certification. no text of a provincial constitution or constitutional amendment becomes law until the constitutional court has certifiedthat the text has been passed in accordance with section 142; and that the whole text complies with section 143. 145. signing, publication and safekeeping of provincial constitutions the premier of a province must assent to and sign the text of a provincial constitution or constitutional amendment that has been certified by the constitutional court. the text assented to and signed by the premier must be published in the national government gazette and takes effect on publication or on a later date determined in terms of that constitution or amendment. the signed text of a provincial constitution or constitutional amendment is conclusive evidence of its provisions and, after publication, must be entrusted to the constitutional court for safekeeping. part d. conflicting laws 146. conflicts between national and provincial legislation this section applies to a conflict between national legislation and provincial legislation falling within a functional area listed in schedule 4. national legislation that applies uniformly with regard to the country as a whole prevails over provincial legislation if any of the following conditions is met: the national legislation deals with a matter that cannot be regulated effectively by legislation enacted by the respective provinces individually. the national legislation deals with a matter that, to be dealt with effectively, requires uniformity across the nation, and the national legislation provides that uniformity by establishingnorms and standards; frameworks; or national policies. the national legislation is necessary forthe maintenance of national security; the maintenance of economic unity; the protection of the common market in respect of the mobility of goods, services, capital and labour; the promotion of economic activities across provincial boundaries; the promotion of equal opportunity or equal access to government services; or the protection of the environment. national legislation prevails over provincial legislation if the national legislation is aimed at preventing unreasonable action by a province thatis prejudicial to the economic, health or security interests of another province or the country as a whole; or impedes the implementation of national economic policy. when there is a dispute concerning whether national legislation is necessary for a purpose set out in subsection (2) (c) and that dispute comes before a court for resolution, the court must have due regard to the approval or the rejection of the legislation by the national council of provinces. provincial legislation prevails over national legislation if subsection (2) or (3) does not apply. a law made in terms of an act of parliament or a provincial act can prevail only if that law has been approved by the national council of provinces. if the national council of provinces does not reach a decision within 30 days of its first sitting after a law was referred to it, that law must be considered for all purposes to have been approved by the council. if the national council of provinces does not approve a law referred to in subsection (6), it must, within 30 days of its decision, forward reasons for not approving the law to the authority that referred the law to it. 147. other conflicts if there is a conflict between national legislation and a provision of a provincial constitution with regard toa matter concerning which this constitution specifically requires or envisages the enactment of national legislation, the national legislation prevails over the affected provision of the provincial constitution; national legislative intervention in terms of section 44 (2), the national legislation prevails over the provision of the provincial constitution; or a matter within a functional area listed in schedule 4, section 146 applies as if the affected provision of the provincial constitution were provincial legislation referred to in that section. national legislation referred to in section 44 (2) prevails over provincial legislation in respect of matters within the functional areas listed in schedule 5. 148. conflicts that cannot be resolved if a dispute concerning a conflict cannot be resolved by a court, the national legislation prevails over the provincial legislation or provincial constitution. 149. status of legislation that does not prevail a decision by a court that legislation prevails over other legislation does not invalidate that other legislation, but that other legislation becomes inoperative for as long as the conflict remains. 150. interpretation of conflicts when considering an apparent conflict between national and provincial legislation, or between national legislation and a provincial constitution, every court must prefer any reasonable interpretation of the legislation or constitution that avoids a conflict, over any alternative interpretation that results in a conflict. chapter 7. local government 151. status of municipalities the local sphere of government consists of municipalities, which must be established for the whole of the territory of the republic. the executive and legislative authority of a municipality is vested in its municipal council. a municipality has the right to govern, on its own initiative, the local government affairs of its community, subject to national and provincial legislation, as provided for in the constitution. the national or a provincial government may not compromise or impede a municipality’s ability or right to exercise its powers or perform its functions. 152. objects of local government the objects of local government areto provide democratic and accountable government for local communities; to ensure the provision of services to communities in a sustainable manner; to promote social and economic development; to promote a safe and healthy environment; and to encourage the involvement of communities and community organisations in the matters of local government. a municipality must strive, within its financial and administrative capacity, to achieve the objects set out in subsection (1). 153. developmental duties of municipalities a municipality muststructure and manage its administration and budgeting and planning processes to give priority to the basic needs of the community, and to promote the social and economic development of the community; and participate in national and provincial development programmes. 154. municipalities in co-operative government the national government and provincial governments, by legislative and other measures, must support and strengthen the capacity of municipalities to manage their own affairs, to exercise their powers and to perform their functions. draft national or provincial legislation that affects the status, institutions, powers or functions of local government must be published for public comment before it is introduced in parliament or a provincial legislature, in a manner that allows organised local government, municipalities and other interested persons an opportunity to make representations with regard to the draft legislation. 155. establishment of municipalities there are the following categories of municipality: category a: a municipality that has exclusive municipal executive and legislative authority in its area. category b: a municipality that shares municipal executive and legislative authority in its area with a category c municipality within whose area it falls. category c: a municipality that has municipal executive and legislative authority in an area that includes more than one municipality. national legislation must define the different types of municipality that may be established within each category. national legislation mustestablish the criteria for determining when an area should have a single category a municipality or when it should have municipalities of both category b and category c; establish criteria and procedures for the determination of municipal boundaries by an independent authority; and subject to section 229, make provision for an appropriate division of powers and functions between municipalities when an area has municipalities of both category b and category c. a division of powers and functions between a category b municipality and a category c municipality may differ from the division of powers and functions between another category b municipality and that category c municipality. the legislation referred to in subsection (3) must take into account the need to provide municipal services in an equitable and sustainable manner. provincial legislation must determine the different types of municipality to be established in the province. each provincial government must establish municipalities in its province in a manner consistent with the legislation enacted in terms of subsections (2) and (3) and, by legislative or other measures, mustprovide for the monitoring and support of local government in the province; and promote the development of local government capacity to enable municipalities to perform their functions and manage their own affairs. the national government, subject to section 44, and the provincial governments have the legislative and executive authority to see to the effective performance by municipalities of their functions in respect of matters listed in schedules 4 and 5, by regulating the exercise by municipalities of their executive authority referred to in section 156 (1). 156. powers and functions of municipalities a municipality has executive authority in respect of, and has the right to administerthe local government matters listed in part b of schedule 4 and part b of schedule 5; and any other matter assigned to it by national or provincial legislation. a municipality may make and administer by-laws for the effective administration of the matters which it has the right to administer. subject to section 151 (4), a by-law that conflicts with national or provincial legislation is invalid. if there is a conflict between a by-law and national or provincial legislation that is inoperative because of a conflict referred to in section 149, the by-law must be regarded as valid for as long as that legislation is inoperative. the national government and provincial governments must assign to a municipality, by agreement and subject to any conditions, the administration of a matter listed in part a of schedule 4 or part a of schedule 5 which necessarily relates to local government, ifthat matter would most effectively be administered locally; and the municipality has the capacity to administer it. a municipality has the right to exercise any power concerning a matter reasonably necessary for, or incidental to, the effective performance of its functions. 157. composition and election of municipal councils a municipal council consists ofmembers elected in accordance with subsections (2) and (3); or if provided for by national legislationmembers appointed by other municipal councils to represent those other councils; or both members elected in accordance with paragraph (a) and members appointed in accordance with subparagraph (i) of this paragraph. the election of members to a municipal council as anticipated in subsection (1) (a) must be in accordance with national legislation, which must prescribe a systemof proportional representation based on that municipality’s segment of the national common voters roll, and which provides for the election of members from lists of party candidates drawn up in a party’s order of preference; or of proportional representation as described in paragraph (a) combined with a system of ward representation based on that municipality’s segment of the national common voters roll. an electoral system in terms of subsection (2) must result, in general, in proportional representation. 4 if the electoral system includes ward representation, the delimitation of wards must be done by an independent authority appointed in terms of, and operating according to, procedures and criteria prescribed by national legislation. [repealed] a person may vote in a municipality only if that person is registered on that municipality’s segment of the national common voters roll. the national legislation referred to in subsection (1) (b) must establish a system that allows for parties and interests reflected within the municipal council making the appointment, to be fairly represented in the municipal council to which the appointment is made. 158. membership of municipal councils every citizen who is qualified to vote for a municipal council is eligible to be a member of that council, exceptanyone who is appointed by, or is in the service of, the municipality and receives remuneration for that appointment or service, and who has not been exempted from this disqualification in terms of national legislation; anyone who is appointed by, or is in the service of, the state in another sphere, and receives remuneration for that appointment or service, and who has been disqualified from membership of a municipal council in terms of national legislation; anyone who is disqualified from voting for the national assembly or is disqualified in terms of section 47(1) (c), (d) or (e) from being a member of the assembly; a member of the national assembly, a delegate to the national council of provinces or a member of a provincial legislature; but this disqualification does not apply to a member of a municipal council representing local government in the national council; or a member of another municipal council; but this disqualification does not apply to a member of a municipal council representing that council in another municipal council of a different category. a person who is not eligible to be a member of a municipal council in terms of subsection (1) (a), (b), (d) or (e) may be a candidate for the council, subject to any limits or conditions established by national legislation. vacancies in a municipal council must be filled in terms of national legislation. 159. terms of municipal councils the term of a municipal council may be no more than five years, as determined by national legislation. if a municipal council is dissolved in terms of national legislation, or when its term expires, an election must be held within 90 days of the date that council was dissolved or its term expired. a municipal council, other than a council that has been dissolved following an intervention in terms of section 139, remains competent to function from the time it is dissolved or its term expires, until the newly elected council has been declared elected. 160. internal procedures a municipal councilmakes decisions concerning the exercise of all the powers and the performance of all the functions of the municipality; must elect its chairperson; may elect an executive committee and other committees, subject to national legislation; and may employ personnel that are necessary for the effective performance of its functions. the following functions may not be delegated by a municipal council: the passing of by-laws; the approval of budgets; the imposition of rates and other taxes, levies and duties; and the raising of loans. 3 a majority of the members of a municipal council must be present before a vote may be taken on any matter. all questions concerning matters mentioned in subsection (2) are determined by a decision taken by a municipal council with a supporting vote of a majority of its members. all other questions before a municipal council are decided by a majority of the votes cast. no by-law may be passed by a municipal council unlessall the members of the council have been given reasonable notice; and the proposed by-law has been published for public comment. national legislation may provide criteria for determiningthe size of a municipal council; whether municipal councils may elect an executive committee or any other committee; or the size of the executive committee or any other committee of a municipal council. a municipal council may make by-laws which prescribe rules and orders forits internal arrangements; its business and proceedings; and the establishment, composition, procedures, powers and functions of its committees. a municipal council must conduct its business in an open manner, and may close its sittings, or those of its committees, only when it is reasonable to do so having regard to the nature of the business being transacted. members of a municipal council are entitled to participate in its proceedings and those of its committees in a manner thatallows parties and interests reflected within the council to be fairly represented; is consistent with democracy; and may be regulated by national legislation. 161. privilege provincial legislation within the framework of national legislation may provide for privileges and immunities of municipal councils and their members. 162. publication of municipal by-laws a municipal by-law may be enforced only after it has been published in the official gazette of the relevant province. a provincial official gazette must publish a municipal by-law upon request by the municipality. municipal by-laws must be accessible to the public. 163. organised local government an act of parliament enacted in accordance with the procedure established by section 76 mustprovide for the recognition of national and provincial organisations representing municipalities; and determine procedures by which local government mayconsult with the national or a provincial government; designate representatives to participate in the national council of provinces; and participate in the process prescribed in the national legislation envisaged in section 221 (1) (c). 164. other matters any matter concerning local government not dealt with in the constitution may be prescribed by national legislation or by provincial legislation within the framework of national legislation. chapter 8. courts and administration of justice 165. judicial authority the judicial authority of the republic is vested in the courts. the courts are independent and subject only to the constitution and the law, which they must apply impartially and without fear, favour or prejudice. no person or organ of state may interfere with the functioning of the courts. organs of state, through legislative and other measures, must assist and protect the courts to ensure the independence, impartiality, dignity, accessibility and effectiveness of the courts. an order or decision issued by a court binds all persons to whom and organs of state to which it applies. the chief justice is the head of the judiciary and exercises responsibility over the establishment and monitoring of norms and standards for the exercise of the judicial functions of all courts. 166. judicial system the courts arethe constitutional court; the supreme court of appeal; the high court of south africa, and any high court of appeal that may be established by an act of parliament to hear appeals from any court of a status similar to the high court of south africa; the magistrates’ courts; and any other court established or recognised in terms of an act of parliament, including any court of a status similar to either the high court of south africa or the magistrates’ courts. 167. constitutional court the constitutional court consists of the chief justice of south africa, the deputy chief justice and nine other judges. a matter before the constitutional court must be heard by at least eight judges. the constitutional courtis the highest court of the republic; and may decideconstitutional matters; and any other matter, if the constitutional court grants leave to appeal on the grounds that the matter raises an arguable point of law of general public importance which ought to be considered by that court; and makes the final decision whether a matter is within its jurisdiction. only the constitutional court maydecide disputes between organs of state in the national or provincial sphere concerning the constitutional status, powers or functions of any of those organs of state; decide on the constitutionality of any parliamentary or provincial bill, but may do so only in the circumstances anticipated in section 79 or 121; decide applications envisaged in section 80 or 122; decide on the constitutionality of any amendment to the constitution; decide that parliament or the president has failed to fulfil a constitutional obligation; or certify a provincial constitution in terms of section 144. the constitutional court makes the final decision whether an act of parliament, a provincial act or conduct of the president is constitutional, and must confirm any order of invalidity made by the supreme court of appeal, the high court of south africa, or a court of similar status, before that order has any force. national legislation or the rules of the constitutional court must allow a person, when it is in the interests of justice and with leave of the constitutional courtto bring a matter directly to the constitutional court; or to appeal directly to the constitutional court from any other court. a constitutional matter includes any issue involving the interpretation, protection or enforcement of the constitution. 168. supreme court of appeal the supreme court of appeal consists of a president, a deputy president and the number of judges of appeal determined in terms an act of parliament. a matter before the supreme court of appeal must be decided by the number of judges determined in terms of an act of parliament. 3 the supreme court of appeal may decide appeals in any matter arising from the high court of south africa or a court of a status similar to the high court of south africa, except in respect of labour or competition matters to such extent as may be determined by an act of parliament. the supreme court of appeal may decide onlyappeals; issues connected with appeals; and any other matter that may be referred to it in circumstances defined by an act of parliament. 169. high court of south africa the high court of south africa may decideany constitutional matter except a matter thatthe constitutional court has agreed to hear directly in terms of section 167(6)(a); or is assigned by an act of parliament to another court of a status similar to the high court of south africa; and any other matter not assigned to another court by an act of parliament. the high court of south africa consists of the divisions determined by an act of parliament, which act must provide forthe establishing of divisions, with one or more seats in a division; and the assigning of jurisdiction to a division or a seat within a division. each division of the high court of south africahas a judge president; may have one or more deputy judges president; and has the number of other judges determined in terms of national legislation. 170. other courts all other courts other than those referred to in sections 167, 168, and 169 may decide any matter determined by an act of parliament, but a court of a status lower than the high court of south africa may not enquire into or rule on the constitutionality of any legislation or any conduct of the president. 171. court procedures all courts function in terms of national legislation, and their rules and procedures must be provided for in terms of national legislation. 172. powers of courts in constitutional matters when deciding a constitutional matter within its power, a courtmust declare that any law or conduct that is inconsistent with the constitution is invalid to the extent of its inconsistency; and may make any order that is just and equitable, includingan order limiting the retrospective effect of the declaration of invalidity; and an order suspending the declaration of invalidity for any period and on any conditions, to allow the competent authority to correct the defect. 2 the supreme court of appeal, the high court of south africa or a court of similar status may make an order concerning the constitutional validity of an act of parliament, a provincial act or any conduct of the president, but an order of constitutional invalidity has no force unless it is confirmed by the constitutional court. a court which makes an order of constitutional invalidity may grant a temporary interdict or other temporary relief to a party, or may adjourn the proceedings, pending a decision of the constitutional court on the validity of that act or conduct. national legislation must provide for the referral of an order of constitutional invalidity to the constitutional court. any person or organ of state with a sufficient interest may appeal, or apply, directly to the constitutional court to confirm or vary an order of constitutional invalidity by a court in terms of this subsection. 173. inherent power the constitutional court, the supreme court of appeal and the high court of south africa each has the inherent power to protect and regulate their own process, and to develop the common law, taking into account the interests of justice. 174. appointment of judicial officers any appropriately qualified woman or man who is a fit and proper person may be appointed as a judicial officer. any person to be appointed to the constitutional court must also be a south african citizen. the need for the judiciary to reflect broadly the racial and gender composition of south africa must be considered when judicial officers are appointed. the president as head of the national executive, after consulting the judicial service commission and the leader of parties represented in the national assembly, appoints the chief justice and the deputy chief justice and, after consulting the judicial service commission, appoints the president and deputy president of the supreme court of appeal. the other judges of the constitutional court are appointed by the president, as head of the national executive, after consulting the chief justice and the leaders of parties represented in the national assembly, in accordance with the following procedure: the judicial service commission must prepare a list of nominees with three names more than the number of appointments to be made, and submit the list to the president. the president may make appointments from the list, and must advise the judicial service commission, with reasons, if any of the nominees are unacceptable and any appointment remains to be made. the judicial service commission must supplement the list with further nominees and the president must make the remaining appointments from the supplemented list. at all times, at least four members of the constitutional court must be persons who were judges at the time they were appointed to the constitutional court. the president must appoint the judges of all other courts on the advice of the judicial service commission. other judicial officers must be appointed in terms of an act of parliament which must ensure that the appointment, promotion, transfer or dismissal of, or disciplinary steps against, these judicial officers take place without favour or prejudice. before judicial officers begin to perform their functions, they must take an oath or affirm, in accordance with schedule 2, that they will uphold and protect the constitution. 175. appointment of acting judges the president may appoint a woman or a man to serve as an acting deputy chief justice or judge of the constitutional court if there is a vacancy in any of those offices, or if the person holding such an office is absent. the appointment must be made on the recommendation of the cabinet member responsible for the administration of justice acting with the concurrence of the chief justice, and an appointment as acting deputy chief justice must be made from the ranks of the judges who had been appointed to the constitutional court in terms of section 174(4). the cabinet member responsible for the administration of justice must appoint acting judges to other courts after consulting the senior judge of the court on which the acting judge will serve. 176. terms of office and remuneration a constitutional court judge holds office for a non-renewable term of 12 years, or until he or she attains the age of 70, whichever occurs first, except where an act of parliament extends the term of office of a constitutional court judge. other judges hold office until they are discharged from active service in terms of an act of parliament. the salaries, allowances and benefits of judges may not be reduced. 177. removal a judge may be removed from office only ifthe judicial service commission funds that the judge suffers from an incapacity, is grossly incompetent or is guilty of gross misconduct; and the national assembly calls for that judge to be removed, by a resolution adopted with a supporting vote of at least two thirds of its members. the president must remove a judge from office upon adoption of a resolution calling for that judge to be removed. the president, on the advice of the judicial service commission, may suspend a judge who is the subject of a procedure in terms of subsection (1). 178. judicial service commission there is a judicial service commission consisting ofthe chief justice, who presides at meetings of the commission; the president of the supreme court of appeal; one judge president designated by the judges president; the cabinet member responsible for the administration of justice, or an alternate designated by that cabinet member; two practising advocates nominated from within the advocates’ profession to represent the profession as a whole, and appointed by the president; two practising attorneys nominated from within the attorneys’ profession to represent the profession as a whole, and appointed by the president; one teacher of law designated by teachers of law at south african universities; six persons designated by the national assembly from among its members, at least three of whom must be members of opposition parties represented in the assembly; four permanent delegates to the national council of provinces designated together by the council with a supporting vote of at least six provinces; four persons designated by the president as head of the national executive, after consulting the leaders of all the parties in the national assembly; and when considering matters relating to a specific division of the high court of south africa, the judge president of that division and the premier of the province concerned, or an alternate designated by each of them. if the number of persons nominated from within the advocates’ or attorneys’ profession in terms of subsection (1) (e) or (f) equals the number of vacancies to be filled, the president must appoint them. if the number of persons nominated exceeds the number of vacancies to be filled, the president, after consulting the relevant profession, must appoint sufficient of the nominees to fill the vacancies, taking into account the need to ensure that those appointed represent the profession as a whole. members of the commission designated by the national council of provinces serve until they are replaced together, or until any vacancy occurs in their number. other members who were designated or nominated to the commission serve until they are replaced by those who designated or nominated them. the judicial service commission has the powers and functions assigned to it in the constitution and national legislation. the judicial service commission may advise the national government on any matter relating to the judiciary or the administration of justice, but when it considers any matter except the appointment of a judge, it must sit without the members designated in terms of subsection (1) (h) and (i). the judicial service commission may determine its own procedure, but decisions of the commission must be supported by a majority of its members. if the chief justice or the president of the supreme court of appeal is temporarily unable to serve on the commission, the deputy chief justice or the deputy president of the supreme court of appeal, as the case may be, acts as his or her alternate on the commission. the president and the persons who appoint, nominate or designate the members of the commission in terms of subsection (1) (c), (e), (f) and (g), may, in the same manner appoint, nominate or designate an alternate for each of those members, to serve on the commission whenever the member concerned is temporarily unable to do so by reason of his or her incapacity or absence from the republic or for any other sufficient reason. 179. prosecuting authority there is a single national prosecuting authority in the republic, structured in terms of an act of parliament, and consisting ofa national director of public prosecutions, who is the head of the prosecuting authority, and is appointed by the president, as head of the national executive; and directors of public prosecutions and prosecutors as determined by an act of parliament. the prosecuting authority has the power to institute criminal proceedings on behalf of the state, and to carry out any necessary functions incidental to instituting criminal proceedings. national legislation must ensure that the directors of public prosecutionsare appropriately qualified; and are responsible for prosecutions in specific jurisdictions, subject to subsection (5). national legislation must ensure that the prosecuting authority exercises its functions without fear, favour or prejudice. the national director of public prosecutionsmust determine, with the concurrence of the cabinet member responsible for the administration of justice, and after consulting the directors of public prosecutions, prosecution policy, which must be observed in the prosecution process; must issue policy directives which must be observed in the prosecution process; may intervene in the prosecution process when policy directives are not complied with; and may review a decision to prosecute or not to prosecute, after consulting the relevant director of public prosecutions and after taking representations within a period specified by the national director of public prosecutions, from the following: the accused person. the complainant. any other person or party whom the national director considers to be relevant. the cabinet member responsible for the administration of justice must exercise final responsibility over the prosecuting authority. all other matters concerning the prosecuting authority must be determined by national legislation. 180. other matters concerning administration of justice national legislation may provide for any matter concerning the administration of justice that is not dealt with in the constitution, includingtraining programmes for judicial officers; procedures for dealing with complaints about judicial officers; and the participation of people other than judicial officers in court decisions. chapter 9. state institutions supporting constitutional democracy 181. establishment and governing principles the following state institutions strengthen constitutional democracy in the republic: the public protector. the south african human rights commission. the commission for the promotion and protection of the rights of cultural, religious and linguistic communities. the commission for gender equality. the auditor-general. the electoral commission. these institutions are independent, and subject only to the constitution and the law, and they must be impartial and must exercise their powers and perform their functions without fear, favour or prejudice. other organs of state, through legislative and other measures, must assist and protect these institutions to ensure the independence, impartiality, dignity and effectiveness of these institutions. no person or organ of state may interfere with the functioning of these institutions. these institutions are accountable to the national assembly, and must report on their activities and the performance of their functions to the assembly at least once a year. part a. public protector 182. functions of public protector the public protector has the power, as regulated by national legislationto investigate any conduct in state affairs, or in the public administration in any sphere of government, that is alleged or suspected to be improper or to result in any impropriety or prejudice; to report on that conduct; and to take appropriate remedial action. the public protector has the additional powers and functions prescribed by national legislation. the public protector may not investigate court decisions. the public protector must be accessible to all persons and communities. an report issued by the public protector must be open to the public unless exceptional circumstances, to be determined in terms of national legislation, require that a report be kept confidential. 183. tenure the public protector is appointed for a non-renewable period of seven years. part b. south african human rights commission 184. functions of south african human rights commission the south african human rights commission mustpromote respect for human rights and a culture of human rights; promote the protection, development and attainment of human rights; and monitor and assess the observance of human rights in the republic. the south african human rights commission has the powers, as regulated by national legislation, necessary to perform its functions, including the powerto investigate and to report on the observance of human rights; to take steps to secure appropriate redress where human rights have been violated; to carry out research; and to educate. each year, the south african human rights commission must require relevant organs of state to provide the commission with information on the measures that they have taken towards the realisation of the rights in the bill of rights concerning housing, health care, food, water, social security, education and the environment. the south african human rights commission has the additional powers and functions prescribed by national legislation. part c. commission for the promotion and protection of the rights of cultural, religious and linguistic communities 185. functions of commission the primary objects of the commission for the promotion and protection of the rights of cultural, religious and linguistic communities areto promote respect for the rights of cultural, religious and linguistic communities; to promote and develop peace, friendship, humanity, tolerance and national unity among cultural, religious and linguistic communities, on the basis of equality, non-discrimination and free association; and to recommend the establishment or recognition, in accordance with national legislation, of a cultural or other council or councils for a community or communities in south africa. the commission has the power, as regulated by national legislation, necessary to achieve its primary objects, including the power to monitor, investigate, research, educate, lobby, advise and report on issues concerning the rights of cultural, religious and linguistic communities. the commission may report any matter which falls within its powers and functions to the south african human rights commission for investigation. the commission has the additional powers and functions prescribed by national legislation. 186. composition of commission the number of members of the commission for the promotion and protection of the rights of cultural, religious and linguistic communities and their appointment and terms of office must be prescribed by national legislation. the composition of the commission mustbe broadly representative of the main cultural, religious and linguistic communities in south africa; and broadly reflect the gender composition of south africa. part d. commission for gender equality 187. functions of commission for gender equality the commission for gender equality must promote respect for gender equality and the protection, development and attainment of gender equality. the commission for gender equality has the power, as regulated by national legislation, necessary to perform its functions, including the power to monitor, investigate, research, educate, lobby, advise and report on issues concerning gender equality. the commission for gender equality has the additional powers and functions prescribed by national legislation. part e. auditor-general 188. functions of auditor-general the auditor-general must audit and report on the accounts, financial statements and financial management ofall national and provincial state departments and administrations; all municipalities; and any other institution or accounting entity required by national or provincial legislation to be audited by the auditor-general. in addition to the duties prescribed in subsection (1), and subject to any legislation, the auditor-general may audit and report on the accounts, financial statements and financial management ofany institution funded from the national revenue fund or a provincial revenue fund or by a municipality; or any institution that is authorised in terms of any law to receive money for a public purpose. the auditor-general must submit audit reports to any legislature that has a direct interest in the audit, and to any other authority prescribed by national legislation. all reports must be made public. the auditor-general has the additional powers and functions prescribed by national legislation. 189. tenure the auditor-general must be appointed for a fixed, non-renewable term of between five and ten years. part f. electoral commission 190. functions of electoral commission the electoral commission mustmanage elections of national, provincial and municipal legislative bodies in accordance with national legislation; ensure that those elections are free and fair; and declare the results of those elections within a period that must be prescribed by national legislation and that is as short as reasonably possible. the electoral commission has the additional powers and functions prescribed by national legislation. 191. composition of electoral commission the electoral commission must be composed of at least three persons. the number of members and their terms of office must be prescribed by national legislation. part g. independent authority to regulate broadcasting 192. broadcasting authority national legislation must establish an independent authority to regulate broadcasting in the public interest, and to ensure fairness and a diversity of views broadly representing south african society. part h. general provisions 193. appointments the public protector and the members of any commission established by this chapter must be women or men whoare south african citizens; are fit and proper persons to hold the particular office; and comply with any other requirements prescribed by national legislation. the need for a commission established by this chapter to reflect broadly the race and gender composition of south africa must be considered when members are appointed. the auditor-general must be a woman or a man who is a south african citizen and a fit and proper person to hold that office. specialised knowledge of, or experience in, auditing, state finances and public administration must be given due regard in appointing the auditor-general. the president, on the recommendation of the national assembly, must appoint the public protector, the auditor-general and the members ofthe south african human rights commission; the commission for gender equality; and the electoral commission. the national assembly must recommend personsnominated by a committee of the assembly proportionally composed of members of all parties represented in the assembly; and approved by the assembly by a resolution adopted with a supporting voteof at least 60 per cent of the members of the assembly, if the recommendation concerns the appointment of the public protector or the auditor-general; or of a majority of the members of the assembly, if the recommendation concerns the appointment of a member of a commission. the involvement of civil society in the recommendation process may be provided for as envisaged in section 59 (1) (a). 194. removal from office the public protector, the auditor-general or a member of a commission established by this chapter may be removed from office only onthe ground of misconduct, incapacity or incompetence; a finding to that effect by a committee of the national assembly; and the adoption by the assembly of a resolution calling for that person’s removal from office a resolution of the national assembly concerning the removal from office ofthe public protector or the auditor-general must be adopted with a supporting vote of at least two thirds of the members of the assembly; or a member of a commission must be adopted with a supporting vote of a majority of the members of the assembly. the presidentmay suspend a person from office at any time after the start of the proceedings of a committee of the national assembly for the removal of that person; and must remove a person from office upon adoption by the assembly of the resolution calling for that person’s removal. chapter 10. public administration 195. basic values and principles governing public administration public administration must be governed by the democratic values and principles enshrined in the constitution, including the following principles: a high standard of professional ethics must be promoted and maintained. efficient, economic and effective use of resources must be promoted. public administration must be development-oriented. services must be provided impartially, fairly, equitably and without bias. people’s needs must be responded to, and the public must be encouraged to participate in policy-making. public administration must be accountable. transparency must be fostered by providing the public with timely, accessible and accurate information. good human-resource management and career-development practices, to maximise human potential, must be cultivated. public administration must be broadly representative of the south african people, with employment and personnel management practices based on ability, objectivity, fairness, and the need to redress the imbalances of the past to achieve broad representation. the above principles apply toadministration in every sphere of government; organs of state; and public enterprises. national legislation must ensure the promotion of the values and principles listed in subsection (1). the appointment in public administration of a number of persons on policy considerations is not precluded, but national legislation must regulate these appointments in the public service. legislation regulating public administration may differentiate between different sectors, administrations or institutions. the nature and functions of different sectors, administrations or institutions of public administration are relevant factors to be taken into account in legislation regulating public administration. 196. public service commission there is a single public service commission for the republic. the commission is independent and must be impartial, and must exercise its powers and perform its functions without fear, favour or prejudice in the interest of the maintenance of effective and efficient public administration and a high standard of professional ethics in the public service. the commission must be regulated by national legislation. other organs of state, through legislative and other measures, must assist and protect the commission to ensure the independence, impartiality, dignity and effectiveness of the commission. no person or organ of state may interfere with the functioning of the commission. the powers and functions of the commission areto promote the values and principles set out in section 195, throughout the public service; to investigate, monitor and evaluate the organisation and administration, and the personnel practices, of the public service; to propose measures to ensure effective and efficient performance within the public service; to give directions aimed at ensuring that personnel procedures relating to recruitment, transfers, promotions and dismissals comply with the values and principles set out in section 195; to report in respect of its activities and the performance of its functions, including any finding it may make and directions and advice it may give, and to provide an evaluation of the extent to which the values and principles set out in section 195 are complied with; and either of its own accord or on receipt of any complaintto investigate and evaluate the application of personnel and public administration practices, and to report to the relevant executive authority and legislature; to investigate grievances of employees in the public service concerning official acts or omissions, and recommend appropriate remedies; to monitor and investigate adherence to applicable procedures in the public service; and to advise national and provincial organs of state regarding personnel practices in the public service, including those relating to the recruitment, appointment, transfer, discharge and other aspects of the careers of employees in the public service. to exercise or perform the additional powers or functions prescribed by an act of parliament. the commission is accountable to the national assembly. the commission must report at least once a year in terms of subsection (4)(e) to the national assembly; and in respect of its activities in a province, to the legislature of that province. the commission has the following 14 commissioners appointed by the president: five commissioners approved by the national assembly in accordance with subsection (8) (a); and one commissioner for each province nominated by the premier of the province in accordance with subsection (8) (b). 8 a commissioner appointed in terms of subsection (7) (a) must berecommended by a committee of the national assembly that is proportionally composed of members of all parties represented in the assembly; and approved by the assembly by a resolution adopted with a supporting vote of a majority of its members. a commissioner nominated by the premier of a province must berecommended by a committee of the provincial legislature that is proportionally composed of members of all parties represented in the legislature; and approved by the legislature by a resolution adopted with a supporting vote of a majority of its members. an act of parliament must regulate the procedure for the appointment of commissioners. a commissioner is appointed for a term of five years, which is renewable for one additional term only, and must be a woman or a man who isa south african citizen; and a fit and proper person with knowledge of, or experience in, administration, management or the provision of public services. a commissioner may be removed from office only onthe ground of misconduct, incapacity or incompetence; a finding to that effect by a committee of the national assembly or, in the case of a commissioner nominated by the premier of a province, by a committee of the legislature of that province; and the adoption by the assembly or the provincial legislature concerned, of a resolution with a supporting vote of a majority of its members calling for the commissioner’s removal from office. the president must remove the relevant commissioner from office uponthe adoption by the assembly of a resolution calling for that commissioner’s removal; or written notification by the premier that the provincial legislature has adopted a resolution calling for that commissioner’s removal. commissioners referred to in subsection (7) (b) may exercise the powers and perform the functions of the commission in their provinces as prescribed by national legislation. 197. public service within public administration there is a public service for the republic, which must function, and be structured, in terms of national legislation, and which must loyally execute the lawful policies of the government of the day. the terms and conditions of employment in the public service must be regulated by national legislation. employees are entitled to a fair pension as regulated by national legislation. no employee of the public service may be favoured or prejudiced only because that person supports a particular political party or cause. provincial governments are responsible for the recruitment, appointment, promotion, transfer and dismissal of members of the public service in their administrations within a framework of uniform norms and standards applying to the public service. chapter 11. security services 198. governing principles the following principles govern national security in the republic: national security must reflect the resolve of south africans, as individuals and as a nation, to live as equals, to live in peace and harmony, to be free from fear and want and to seek a better life. the resolve to live in peace and harmony precludes any south african citizen from participating in armed conflict, nationally or internationally, except as provided for in terms of the constitution or national legislation. national security must be pursued in compliance with the law, including international law. national security is subject to the authority of parliament and the national executive. 199. establishment, structuring and conduct of security services the security services of the republic consist of a single defence force, a single police service and any intelligence services established in terms of the constitution. the defence force is the only lawful military force in the republic. other than the security services established in terms of the constitution, armed organisations or services may be established only in terms of national legislation. the security services must be structured and regulated by national legislation. the security services must act, and must teach and require their members to act, in accordance with the constitution and the law, including customary international law and international agreements binding on the republic. no member of any security service may obey a manifestly illegal order. neither the security services, nor any of their members, may, in the performance of their functionsprejudice a political party interest that is legitimate in terms of the constitution; or further, in a partisan manner, any interest of a political party. to give effect to the principles of transparency and accountability, multi-party parliamentary committees, have oversight of all security services in a manner determined by national legislation or the rules and orders of parliament. part a. defence 200. defence force the defence force must be structured and managed as a disciplined military force. the primary object of the defence force is to defend and protect the republic, its territorial integrity and its people in accordance with the constitution and the principles of international law regulating the use of force. 201. political responsibility a member of the cabinet must be responsible for defence. only the president, as head of the national executive, may authorise the employment of the defence forcein co-operation with the police service; in defence of the republic; or in fulfilment of an international obligation. when the defence force is employed for any purpose mentioned in subsection (2), the president must inform parliament, promptly and in appropriate detail, ofthe reasons for the employment of the defence force; any place where the force is being employed; the number of people involved; and the period for which the force is expected to be employed. if parliament does not sit during the first seven days after the defence force is employed as envisaged in subsection (2), the president must provide the information required in subsection (3) to the appropriate oversight committee. 202. command of defence force the president as head of the national executive is commander-in-chief of the defence force, and must appoint the military command of the defence force. command of the defence force must be exercised in accordance with the directions of the cabinet member responsible for defence, under the authority of the president. 203. state of national defence the president as head of the national executive may declare a state of national defence, and must inform parliament promptly and in appropriate detail ofthe reasons for the declaration; any place where the defence force is being employed; and the number of people involved. if parliament is not sitting when a state of national defence is declared, the president must summon parliament to an extraordinary sitting within seven days of the declaration. a declaration of a state of national defence lapses unless it is approved by parliament within seven days of the declaration. 204. defence civilian secretariat a civilian secretariat for defence must be established by national legislation to function under the direction of the cabinet member responsible for defence. part b. police 205. police service the national police service must be structured to function in the national, provincial and, where appropriate, local spheres of government. national legislation must establish the powers and functions of the police service and must enable the police service to discharge its responsibilities effectively, taking into account the requirements of the provinces. the objects of the police service are to prevent, combat and investigate crime, to maintain public order, to protect and secure the inhabitants of the republic and their property, and to uphold and enforce the law. 206. political responsibility a member of the cabinet must be responsible for policing and must determine national policing policy after consulting the provincial governments and taking into account the policing needs and priorities of the provinces as determined by the provincial executives. the national policing policy may make provision for different policies in respect of different provinces after taking into account the policing needs and priorities of these provinces. each province is entitledto monitor police conduct; to oversee the effectiveness and efficiency of the police service, including receiving reports on the police service; to promote good relations between the police and the community; to assess the effectiveness of visible policing; and to liaise with the cabinet member responsible for policing with respect to crime and policing in the province. a provincial executive is responsible for policing functionsvested in it by this chapter; assigned to it in terms of national legislation; and allocated to it in the national policing policy. in order to perform the functions set out in subsection (3), a provincemay investigate, or appoint a commission of inquiry into, any complaints of police inefficiency or a breakdown in relations between the police and any community; and must make recommendations to the cabinet member responsible for policing. on receipt of a complaint lodged by a provincial executive, an independent police complaints body established by national legislation must investigate any alleged misconduct of, or offence committed by, a member of the police service in the province. national legislation must provide a framework for the establishment, powers, functions and control of municipal police services. a committee composed of the cabinet member and the members of the executive councils responsible for policing must be established to ensure effective coordination of the police service and effective co-operation among the spheres of government. a provincial legislature may require the provincial commissioner of the province to appear before it or any of its committees to answer questions. 207. control of police service the president as head of the national executive must appoint a woman or a man as the national commissioner of the police service, to control and manage the police service. the national commissioner must exercise control over and manage the police service in accordance with the national policing policy and the directions of the cabinet member responsible for policing. the national commissioner, with the concurrence of the provincial executive, must appoint a woman or a man as the provincial commissioner for that province, but if the national commissioner and the provincial executive are unable to agree on the appointment, the cabinet member responsible for policing must mediate between the parties. the provincial commissioners are responsible for policing in their respective provincesas prescribed by national legislation; and subject to the power of the national commissioner to exercise control over and manage the police service in terms of subsection (2). the provincial commissioner must report to the provincial legislature annually on policing in the province, and must send a copy of the report to the national commissioner. if the provincial commissioner has lost the confidence of the provincial executive, that executive may institute appropriate proceedings for the removal or transfer of, or disciplinary action against, that commissioner, in accordance with national legislation. 208. police civilian secretariat a civilian secretariat for the police service must be established by national legislation to function under the direction of the cabinet member responsible for policing. part c. intelligence 209. establishment and control of intelligence services any intelligence service, other than any intelligence division of the defence force or police service, may be established only by the president, as head of the national executive, and only in terms of national legislation. the president as head of the national executive must appoint a woman or a man as head of each intelligence service established in terms of subsection (1), and must either assume political responsibility for the control and direction of any of those services, or designate a member of the cabinet to assume that responsibility. 210. powers, functions and monitoring national legislation must regulate the objects, powers and functions of the intelligence services, including any intelligence division of the defence force or police service, and must provide forthe co-ordination of all intelligence services; and civilian monitoring of the activities of those services by an inspector appointed by the president, as head of the national executive, and approved by a resolution adopted by the national assembly with a supporting vote of at least two thirds of its members. chapter 12. traditional leaders 211. recognition the institution, status and role of traditional leadership, according to customary law, are recognised, subject to the constitution. a traditional authority that observes a system of customary law may function subject to any applicable legislation and customs, which includes amendments to, or repeal of, that legislation or those customs. the courts must apply customary law when that law is applicable, subject to the constitution and any legislation that specifically deals with customary law. 212. role of traditional leaders national legislation may provide for a role for traditional leadership as an institution at local level on matters affecting local communities. to deal with matters relating to traditional leadership, the role of traditional leaders, customary law and the customs of communities observing a system of customary lawnational or provincial legislation may provide for the establishment of houses of traditional leaders; and national legislation may establish a council of traditional leaders. chapter 13. finance part a. general financial matters 213. national revenue fund there is a national revenue fund into which all money received by the national government must be paid, except money reasonably excluded by an act of parliament. money may be withdrawn from the national revenue fund onlyin terms of an appropriation by an act of parliament; or as a direct charge against the national revenue fund, when it is provided for in the constitution or an act of parliament. a province’s equitable share of revenue raised nationally is a direct charge against the national revenue fund. 214. equitable shares and allocations of revenue an act of parliament must provide forthe equitable division of revenue raised nationally among the national, provincial and local spheres of government; the determination of each province’s equitable share of the provincial share of that revenue; and any other allocations to provinces, local government or municipalities from the national government’s share of that revenue, and any conditions on which those allocations may be made. the act referred to in subsection (1) may be enacted only after the provincial governments, organised local government and the financial and fiscal commission have been consulted, and any recommendations of the commission have been considered, and must take into accountthe national interest; any provision that must be made in respect of the national debt and other national obligations; the needs and interests of the national government, determined by objective criteria; the need to ensure that the provinces and municipalities are able to provide basic services and perform the functions allocated to them; the fiscal capacity and efficiency of the provinces and municipalities; developmental and other needs of provinces, local government and municipalities; economic disparities within and among the provinces; obligations of the provinces and municipalities in terms of national legislation; the desirability of stable and predictable allocations of revenue shares; and the need for flexibility in responding to emergencies or other temporary needs, and other factors based on similar objective criteria. 215. national, provincial and municipal budgets national, provincial and municipal budgets and budgetary processes must promote transparency, accountability and the effective financial management of the economy, debt and the public sector. national legislation must prescribethe form of national, provincial and municipal budgets; when national and provincial budgets must be tabled; and that budgets in each sphere of government must show the sources of revenue and the way in which proposed expenditure will comply with national legislation. budgets in each sphere of government must containestimates of revenue and expenditure, differentiating between capital and current expenditure; proposals for financing any anticipated deficit for the period to which they apply; and an indication of intentions regarding borrowing and other forms of public liability that will increase public debt during the ensuing year. 216. treasury control national legislation must establish a national treasury and prescribe measures to ensure both transparency and expenditure control in each sphere of government, by introducinggenerally recognised accounting practice; uniform expenditure classifications; and uniform treasury norms and standards. the national treasury must enforce compliance with the measures established in terms of subsection (1), and may stop the transfer of funds to an organ of state if that organ of state commits a serious or persistent material breach of those measures. a decision to stop the transfer of funds due to a province in terms of section 214 (1) (b) may be taken only in the circumstances mentioned in subsection (2) andmay not stop the transfer of funds for more than 120 days; and may be enforced immediately, but will lapse retrospectively unless parliament approves it following a process substantially the same as that established in terms of section 76 (1) and prescribed by the joint rules and orders of parliament. this process must be completed within 30 days of the decision by the national treasury. parliament may renew a decision to stop the transfer of funds for no more than 120 days at a time, following the process established in terms of subsection (3). before parliament may approve or renew a decision to stop the transfer of funds to a provincethe auditor-general must report to parliament; and the province must be given an opportunity to answer the allegations against it, and to state its case, before a committee. 217. procurement when an organ of state in the national, provincial or local sphere of government, or any other institution identified in national legislation, contracts for goods or services, it must do so in accordance with a system which is fair, equitable, transparent, competitive and cost-effective. subsection (1) does not prevent the organs of state or institutions referred to in that subsection from implementing a procurement policy providing forcategories of preference in the allocation of contracts; and the protection or advancement of persons, or categories of persons, disadvantaged by unfair discrimination. national legislation must prescribe a framework within which the policy referred to in subsection (2) must be implemented. 218. government guarantees the national government, a provincial government or a municipality may guarantee a loan only if the guarantee complies with any conditions set out in national legislation. national legislation referred to in subsection (1) may be enacted only after any recommendations of the financial and fiscal commission have been considered. each year, every government must publish a report on the guarantees it has granted. 219. remuneration of persons holding public office an act of parliament must establish a framework for determiningthe salaries, allowances and benefits of members of the national assembly, permanent delegates to the national council of provinces, members of the cabinet, deputy ministers, traditional leaders and members of any councils of traditional leaders; and the upper limit of salaries, allowances or benefits of members of provincial legislatures, members of executive councils and members of municipal councils of the different categories. national legislation must establish an independent commission to make recommendations concerning the salaries, allowances and benefits referred to in subsection (1). parliament may pass the legislation referred to in subsection (1) only after considering any recommendations of the commission established in terms of subsection (2). the national executive, a provincial executive, a municipality or any other relevant authority may implement the national legislation referred to in subsection (1) only after considering any recommendations of the commission established in terms of subsection (2). national legislation must establish frameworks for determining the salaries, allowances and benefits of judges, the public protector, the auditor-general, and members of any commission provided for in the constitution, including the broadcasting authority referred to in section 192. part b. financial and fiscal commission 220. establishment and functions there is a financial and fiscal commission for the republic which makes recommendations envisaged in this chapter, or in national legislation, to parliament, provincial legislatures and any other authorities determined by national legislation. the commission is independent and subject only to the constitution and the law, and must be impartial. the commission must function in terms of an act of parliament and, in performing its functions, must consider all relevant factors, including those listed in section 214 (2). 221. appointment and tenure of members the commission consists of the following women and men appointed by the president, as head of the national executive: a chairperson and deputy chairperson; three persons selected, after consulting the premiers, from a list compiled in accordance with a process prescribed by national legislation; two persons selected, after consulting organised local government, from a list compiled in accordance with a process prescribed by national legislation; and two other persons. national legislation referred to in subsection (1) must provide for the participation ofthe premiers in the compilation of a list envisaged in subsection (1) (b); and organised local government in the compilation of a list envisaged in subsection (1) (c). members of the commission must have appropriate expertise. members serve for a term established in terms of national legislation. the president may remove a member from office on the ground of misconduct, incapacity or incompetence. 222. reports the commission must report regularly both to parliament and to the provincial legislatures. part c. central bank 223. establishment the south african reserve bank is the central bank of the republic and is regulated in terms of an act of parliament. 224. primary object the primary object of the south african reserve bank is to protect the value of the currency in the interest of balanced and sustainable economic growth in the republic. the south african reserve bank, in pursuit of its primary object, must perform its functions independently and without fear, favour or prejudice, but there must be regular consultation between the bank and the cabinet member responsible for national financial matters. 225. powers and functions the powers and functions of the south african reserve bank are those customarily exercised and performed by central banks, which powers and functions must be determined by an act of parliament and must be exercised or performed subject to the conditions prescribed in terms of that act. part d. provincial and local financial matters 226. provincial revenue funds there is a provincial revenue fund for each province into which all money received by the provincial government must be paid, except money reasonably excluded by an act of parliament. money may be withdrawn from a provincial revenue fund onlyin terms of an appropriation by a provincial act; or as a direct charge against the provincial revenue fund, when it is provided for in the constitution or a provincial act. revenue allocated through a province to local government in that province in terms of section 214 (1), is a direct charge against that province’s revenue fund. national legislation may determine a framework within whicha provincial act may in terms of subsection (2) (b) authorise the withdrawal of money as a direct charge against a provincial revenue fund; and revenue allocated through a province to local government in that province in terms of subsection (3) must be paid to municipalities in the province. 227. national sources of provincial and local government funding local government and each provinceis entitled to an equitable share of revenue raised nationally to enable it to provide basic services and perform the functions allocated to it; and may receive other allocations from national government revenue, either conditionally or unconditionally. additional revenue raised by provinces or municipalities may not be deducted from their share of revenue raised nationally, or from other allocations made to them out of national government revenue. equally, there is no obligation on the national government to compensate provinces or municipalities that do not raise revenue commensurate with their fiscal capacity and tax base. a province’s equitable share of revenue raised nationally must be transferred to the province promptly and without deduction, except when the transfer has been stopped in terms of section 216. a province must provide for itself any resources that it requires, in terms of a provision of its provincial constitution, that are additional to its requirements envisaged in the constitution. 228. provincial taxes a provincial legislature may imposetaxes, levies and duties other than income tax, value-added tax, general sales tax, rates on property or customs duties; and flat-rate surcharges on any tax, levy or duty that is imposed by national legislation, other than on corporate income tax, value-added tax, rates on property or customs duties. the power of a provincial legislature to impose taxes, levies, duties and surchargesmay not be exercised in way that materially and unreasonably prejudices national economic policies, economic activities across provincial boundaries, or the national mobility of goods, services, capital or labour; and must be regulated in terms of an act of parliament, which may be enacted only after any recommendations of the financial and fiscal commission have been considered. 229. municipal fiscal powers and functions subject to subsections (2), (3) and (4), a municipality may imposerates on property and surcharges on fees for services provided by or on behalf of the municipality; and if authorised by national legislation, other taxes, levies and duties appropriate to local government or to the category of local government into which that municipality falls, but no municipality may impose income tax, value-added tax, general sales tax or customs duty. the power of a municipality to impose rates on property, surcharges on fees for services provided by or on behalf of the municipality, or other taxes, levies or dutiesmay not be exercised in a way that materially and unreasonably prejudices national economic policies, economic activities across municipal boundaries, or the national mobility of goods, services, capital or labour; and may be regulated by national legislation. when two municipalities have the same fiscal powers and functions with regard to the same area, an appropriate division of those powers and functions must be made in terms of national legislation. the division may be made only after taking into account at least the following criteria: the need to comply with sound principles of taxation. the powers and functions performed by each municipality. the fiscal capacity of each municipality. the effectiveness and efficiency of raising taxes, levies and duties. equity. nothing in this section precludes the sharing of revenue raised in terms of this section between municipalities that have fiscal power and functions in the same area. national legislation envisaged in this section may be enacted only after organised local government and the financial and fiscal commission have been consulted, and any recommendations of the commission have been considered. 230. provincial loans a province may raise loans for capital or current expenditure in accordance with national legislation, but loans for current expenditure may be raised only when necessary for bridging purposes during a fiscal year. national legislation referred to in subsection (1) may be enacted only after any recommendations of the financial and fiscal commission have been considered. 230a. municipal loans a municipal council may, in accordance with national legislationraise loans for capital or current expenditure for the municipality, but loans for current expenditure may be raised only when necessary for bridging purposes during a fiscal year; and bind itself and a future council in the exercise of its legislative and executive authority to secure loans or investments for the municipality. national legislation referred to in subsection (1) may be enacted only after any recommendations of the financial and fiscal commission have been considered. chapter 14. general provisions part a. international law 231. international agreements the negotiating and signing of all international agreements is the responsibility of the national executive. an international agreement binds the republic only after it has been approved by resolution in both the national assembly and the national council of provinces, unless it is an agreement referred to in subsection (3). an international agreement of a technical, administrative or executive nature, or an agreement which does not require either ratification or accession, entered into by the national executive, binds the republic without approval by the national assembly and the national council of provinces, but must be tabled in the assembly and the council within a reasonable time. any international agreement becomes law in the republic when it is enacted into law by national legislation; but a self-executing provision of an agreement that has been approved by parliament is law in the republic unless it is inconsistent with the constitution or an act of parliament. the republic is bound by international agreements which were binding on the republic when this constitution took effect. 232. customary international law customary international law is law in the republic unless it is inconsistent with the constitution or an act of parliament. 233. application of international law when interpreting any legislation, every court must prefer any reasonable interpretation of the legislation that is consistent with international law over any alternative interpretation that is inconsistent with international law. part b. other matters 234. charters of rights in order to deepen the culture of democracy established by the constitution, parliament may adopt charters of rights consistent with the provisions of the constitution. 235. self-determination the right of the south african people as a whole to self-determination, as manifested in this constitution, does not preclude, within the framework of this right, recognition of the right of self-determination of any community sharing a common cultural and language heritage, within a territorial entity in the republic or in any other way, determined by national legislation. 236. funding for political parties to enhance multi-party democracy, national legislation must provide for the funding of political parties participating in national and provincial legislatures on an equitable and proportional basis. 237. diligent performance of obligations all constitutional obligations must be performed diligently and without delay. 238. agency and delegation an executive organ of state in any sphere of government maydelegate any power or function that is to be exercised or performed in terms of legislation to any other executive organ of state, provided the delegation is consistent with the legislation in terms of which the power is exercised or the function is performed; or exercise any power or perform any function for any other executive organ of state on an agency or delegation basis. 239. definitions in the constitution, unless the context indicates otherwise “national legislation” includes “organ of state” means any department of state or administration in the national, provincial or local sphere of government; or any other functionary or institutionexercising a power or performing a function in terms of the constitution or a provincial constitution; or exercising a public power or performing a public function in terms of any legislation, but does not include a court or a judicial officer; “provincial legislation” includes subordinate legislation made in terms of a provincial act; and legislation that was in force when the constitution took effect and that is administered by a provincial government. 240. inconsistencies between different texts in the event of an inconsistency between different texts of the constitution, the english text prevails. 241. transitional arrangements schedule 6 applies to the transition to the new constitutional order established by this constitution, and any matter incidental to that transition. 242. repeal of laws the laws mentioned in schedule 7 are repealed, subject to section 243 and schedule 6. 243. short title and commencement this act is called the constitution of the republic of south africa, 1996, and comes into effect as soon as possible on a date set by the president by proclamation, which may not be a date later than 1 july 1997. the president may set different dates before the date mentioned in subsection (1) in respect of different provisions of the constitution. unless the context otherwise indicates, a reference in a provision of the constitution to a time when the constitution took effect must be construed as a reference to the time when that provision took effect. if a different date is set for any particular provision of the constitution in terms of subsection (2), any corresponding provision of the constitution of the republic of south africa, 1993 (act 200 of 1993), mentioned in the proclamation, is repealed with effect from the same date. sections 213, 214, 215, 216, 218, 226, 227, 228, 229 and 230 come into effect on 1 january 1998, but this does not preclude the enactment in terms of this constitution of legislation envisaged in any of these provisions before that date. until that date any corresponding and incidental provisions of the constitution of the republic of south africa, 1993, remain in force. schedule 1. national flag the national flag is rectangular; it is one and a half times longer than it is wide. it is black, gold, green, white, chilli red and blue. it has a green y-shaped band that is one fifth as wide as the flag. the centre lines of the band start in the top and bottom corners next to the flag post, converge in the centre of the flag, and continue horizontally to the middle of the free edge. the green band is edged, above and below in white, and towards the flag post end, in gold. each edging is one fifteenth as wide as the flag. the triangle next to the flag post is black. the upper horizontal band is chilli red and the lower horizontal band is blue. these bands are each one third as wide as the flag. schedule 1a. geographical areas of provinces the province of the eastern cape map no. 3 of schedule 1 to notice 1998 of 2005 map no. 6 of schedule 2 to notice 1998 of 2005 map no. 7 of schedule 2 to notice 1998 of 2005 map no. 8 of schedule 2 to notice 1998 of 2005 map no. 9 of schedule 2 to notice 1998 of 2005 map no. 10 of schedule 2 to notice 1998 of 2005 map no. 11 of schedule 2 to notice 1998 of 2005 the province of the free state map no. 12 of schedule 2 to notice 1998 of 2005 map no. 13 of schedule 2 to notice 1998 of 2005 map no. 14 of schedule 2 to notice 1998 of 2005 map no. 15 of schedule 2 to notice 1998 of 2005 map no. 16 of schedule 2 to notice 1998 of 2005 the province of gauteng map no. 4 in notice 1490 of 2008 map no. 17 of schedule 2 to notice 1998 of 2005 map no. 18 of schedule 2 to notice 1998 of 2005 map no. 19 of schedule 2 to notice 1998 of 2005 map no. 20 of schedule 2 to notice 1998 of 2005 map no. 21 of schedule 2 to notice 1998 of 2005 the province of kwazulu-natal map no. 22 of schedule 2 to notice 1998 of 2005 map no. 23 of schedule 2 to notice 1998 of 2005 map no. 24 of schedule 2 to notice 1998 of 2005 map no. 25 of schedule 2 to notice 1998 of 2005 map no. 26 of schedule 2 to notice 1998 of 2005 map no. 27 of schedule 2 to notice 1998 of 2005 map no. 28 of schedule 2 to notice 1998 of 2005 map no. 29 of schedule 2 to notice 1998 of 2005 map no. 30 of schedule 2 to notice 1998 of 2005 map no. 31 of schedule 2 to notice 1998 of 2005 map no. 32 of schedule 2 to notice 1998 of 2005 the province of limpopo map no. 33 of schedule 2 to notice 1998 of 2005 map no. 34 of schedule 2 to notice 1998 of 2005 map no. 35 of schedule 2 to notice 1998 of 2005 map no. 36 of schedule 2 to notice 1998 of 2005 map no. 37 of schedule 2 to notice 1998 of 2005 the province of mpumalanga map no. 38 of schedule 2 to notice 1998 of 2005 map no. 39 of schedule 2 to notice 1998 of 2005 map no. 40 of schedule 2 to notice 1998 of 2005 the province of the northern cape map no. 41 of schedule 2 to notice 1998 of 2005 map no. 42 of schedule 2 to notice 1998 of 2005 map no. 43 of schedule 2 to notice 1998 of 2005 map no. 44 of schedule 2 to notice 1998 of 2005 map no. 45 of schedule 2 to notice 1998 of 2005 the province of north west map no. 5 in notice 1490 of 2008 map no. 46 of schedule 2 to notice 1998 of 2005 map no. 47 of schedule 2 to notice 1998 of 2005 map no. 48 of schedule 2 to notice 1998 of 2005 the province of the western cape map no. 49 of schedule 2 to notice 1998 of 2005 map no. 50 of schedule 2 to notice 1998 of 2005 map no. 51 of schedule 2 to notice 1998 of 2005 map no. 52 of schedule 2 to notice 1998 of 2005 map no. 53 of schedule 2 to notice 1998 of 2005 map no. 54 of schedule 2 to notice 1998 of 2005 schedule 2. oaths and solemn affirmations 1. oath or solemn affirmation of president and acting president the president or acting president, before the chief justice, or another judge designated by the chief justice, must swear/affirm as follows: in the presence of everyone assembled here, and in full realisation of the high calling i assume as president/acting president of the republic of south africa, i, a.b., swear/ solemnly affirm that i will be faithful to the republic of south africa, and will obey, observe, uphold and maintain the constitution and all other law of the republic; and i solemnly and sincerely promise that i will alwayspromote all that will advance the republic, and oppose all that may harm it; protect and promote the rights of all south africans; discharge my duties with all my strength and talents to the best of my knowledge and ability and true to the dictates of my conscience; do justice to all; and devote myself to the well-being of the republic and all of its people (in the case of an oath: so help me god.) 2. oath or solemn affirmation of deputy president the deputy president, before the chief justice or another judge designated by the chief justice, must swear/affirm as follows: in the presence of everyone assembled here, and in full realisation of the high calling i assume as deputy president of the republic of south africa, i, a.b., swear/solemnly affirm that i will be faithful to the republic of south africa and will obey, observe, uphold and maintain the constitution and all other law of the republic; and i solemnly and sincerely promise that i will alwayspromote all that will advance the republic, and oppose all that may harm it; be a true and faithful counsellor; discharge my duties with all my strength and talents to the best of my knowledge and ability and true to the dictates of my conscience; do justice to all; and devote myself to the well-being of the republic and all of its people. (in the case of an oath: so help me god.) 3. oath or solemn affirmation of ministers and deputy ministers each minister and deputy minister, before the chief justice or another judge designated by the chief justice, must swear/affirm as follows: i, a.b., swear/solemnly affirm that i will be faithful to the republic of south africa and will obey, respect and uphold the constitution and all other law of the republic; and i undertake to hold my office as minister/deputy minister with honour and dignity; to be a true and faithful counsellor; not to divulge directly or indirectly any secret matter entrusted to me; and to perform the functions of my office conscientiously and to the best of my ability. (in the case of an oath: so help me god.) 4. oath or solemn affirmation of members of the national assembly, permanent delegates to the national council of provinces and members of the provincial legislatures members of the national assembly, permanent delegates to the national council of provinces and members of provincial legislatures, before the chief justice or a judge designated by the chief justice, must swear or affirm as follows: i, a.b., swear/solemnly affirm that i will be faithful to the republic of south africa and will obey, respect and uphold the constitution and all other law of the republic; and i solemnly promise to perform my functions as a member of the national assembly/ permanent delegate to the national council of provinces/member of the legislature of the province of c.d. to the best of my ability. (in the case of an oath: so help me god.) persons filling a vacancy in the national assembly, a permanent delegation to the national council of provinces or a provincial legislature may swear or affirm in terms of subitem (1) before the presiding officer of the assembly, council or legislature, as the case may be. 5. oath or solemn affirmation of premiers, acting premiers and members of provincial executive councils the premier or acting premier of a province, and each member of the executive council of a province, before the chief justice or a judge designated by the chief justice, must swear/affirm as follows: i, a.b., swear/solemnly affirm that i will be faithful to the republic of south africa and will obey, respect and uphold the constitution and all other law of the republic; and i undertake to hold my office as premier/acting premier/ member of the executive council of the province of c.d. with honour and dignity; to be a true and faithful counsellor; not to divulge directly or indirectly any secret matter entrusted to me; and to perform the functions of my office conscientiously and to the best of my ability. (in the case of an oath: so help me god.) 6. oath or solemn affirmation of judicial officers each judge or acting judge, before the chief justice or another judge designated by the chief justice, must swear or affirm as follows: i, a.b., swear/solemnly affirm that, as a judge of the constitutional court/supreme court of appeal/high court/ e.f. court, i will be faithful to the republic of south africa, will uphold and protect the constitution and the human rights entrenched in it, and will administer justice to all persons alike without fear, favour or prejudice, in accordance with the constitution and the law. (in the case of an oath: so help me god.) a person appointed to the office of chief justice who is not already a judge at the time of that appointment must swear or affirm before the deputy chief justice, or failing that judge, the next most senior available judge of the constitutional court. judicial officers, and acting judicial officers, other than judges, must swear/affirm in terms of national legislation. schedule 3. election procedures part a. election procedures for constitutional office-bearers 1. application the procedure see out in this schedule applies wheneverthe national assembly meets to elect the president, or the speaker or deputy speaker of the assembly; the national council of provinces meets to elect its chairperson or a deputy chairperson; or ; a provincial legislature meets to elect the premier of the province or the speaker or deputy speaker of the legislature. 2. nominations the person presiding at a meeting to which this schedule applies must call for the nomination of candidates at the meeting. 3. formal requirements a nomination must be made on the form prescribed by the rules mentioned in item 9. the form on which a nomination is made must be signedby two members of the national assembly, if the president or the speaker or deputy speaker of the assembly is to be elected; on behalf of two provincial delegations, if the chairperson or a deputy chairperson of the national council of provinces is to be elected; or by two members of the relevant provincial legislature, if the premier of the province or the speaker or deputy speaker of the legislature is to be elected. a person who is nominated must indicate acceptance of the nomination by signing either the nomination form or any other form of written confirmation. 4. announcement of names of candidates at a meeting to which this schedule applies, the person presiding must announce the names of the persons who have been nominated as candidates, but may not permit any debate. 5. single candidate if only one candidate is nominated, the person presiding must declare that candidate elected. 6. election procedure if more the one candidate is nominateda vote must be taken at the meeting by secret ballot; each member present, or if it is a meeting of the national council of provinces each province represented, at the meeting may cast one vote; and the person presiding must declare elected the candidate who receives a majority of the votes. 7. elimination procedure if no candidate receives a majority of the votes, the candidate who receives the lowest number of votes must be eliminated and a further vote taken on the remaining candidates in accordance with item 6. this procedure must be repeated until a candidate receives a majority of the votes. when applying subitem (1), if two or more candidates each have the lowest number of votes, a separate vote must be taken on those candidates, and repeated as often as may be necessary to determine which candidate is to be eliminated. 8. further meetings if only two candidates are nominated, or if only two candidates remain after an elimination procedure has been applied, and those two candidates receive the same number of votes, a further meeting must be held within seven days, at a time determined by the person presiding. if a further meeting is held in terms of subitem (1), the procedure prescribed in this schedule must be applied at that meeting as if it were the first meeting for the election in question. 9. rules the chief justice must make rules prescribingthe procedure for meetings to which this schedule applies; the duties of any person presiding at a meeting, and of any person assisting the person presiding; the form on which nominations must be submitted; and the manner in which voting is to be conducted. these rules must be made known in the way that the chief justice determines. part b. formula to determine party participation in provincial delegations to the national council of provinces the number of delegates in a provincial delegation to the national council of provinces to which a party is entitled, must be determined by multiplying the number of seats the party holds in the provincial legislature by ten and dividing the result by the number of seats in the legislature plus one. if a calculation in terms of item 1 yields a surplus not absorbed by the delegates allocated to a party in terms of that item, the surplus must compete with similar surpluses accruing to any other party or parties, and any undistributed delegates in the delegation must be allocated to the party or parties in the sequence of the highest surplus. if the competing surpluses envisaged in item 2 are equal, the undistributed delegates in the delegation must be allocated to the party or parties with the same surplus in the sequence from the highest to the lowest number of votes that have been recorded for those parties during the last election for the provincial legislature concerned. if more than one party with the same surplus recorded the same number of votes during the last election for the provincial legislature concerned, the legislature concerned must allocate the undistributed delegates in the delegation to the party or parties with 10 the same surplus in a manner which is consistent with democracy. schedule 4. functional areas of concurrent national and provincial legislative competence part a administration of indigenous forests agriculture airports other than international and national airports animal control and diseases casinos, racing, gambling and wagering, excluding lotteries and sports pools consumer protection cultural matters disaster management education at all levels, excluding tertiary education environment health services housing indigenous law and customary law, subject to chapter 12 of the constitution industrial promotion language policy and the regulation of official languages to the extent that the provisions of section 6 of the constitution expressly confer upon the provincial legislatures legislative competence media services directly controlled or provided by the provincial government, subject to section 192 nature conservation, excluding national parks, national botanical gardens and marine resources police to the extent that the provisions of chapter 11 of the constitution confer upon the provincial legislatures legislative competence pollution control population development property transfer fees provincial public enterprises in respect of the functional areas in this schedule and schedule 5 public transport public works only in respect of the needs of provincial government departments in the discharge of their responsibilities to administer functions specifically assigned to them in terms of the constitution or any other law regional planning and development road traffic regulation soil conservation tourism trade traditional leadership, subject to chapter 12 of the constitution urban and rural development vehicle licensing welfare services part b the following local government matters to the extent set out in section 155 (6) (a) and (7): air pollution building regulations child care facilities electricity and gas reticulation firefighting services local tourism municipal airports municipal planning municipal health services municipal public transport municipal public works only in respect of the needs of municipalities in the discharge of their responsibilities to administer functions specifically assigned to them under this constitution or any other law pontoons, ferries, jetties, piers and harbours, excluding the regulation of international and national shipping and matters related thereto stormwater management systems in built-up areas trading regulations water and sanitation services limited to potable water supply systems and domestic wastewater and sewage disposal systems schedule 5. functional areas of exclusive provincial legislative competence part a abattoirs ambulance services archives other than national archives libraries other than national libraries liquor licences museums other than national museums provincial planning provincial cultural matters provincial recreation and amenities provincial sport provincial roads and traffic veterinary services, excluding regulation of the profession part b the following local government matters to the extent set out for provinces in section 155 (6) (a) and (7): beaches and amusement facilities billboards and the display of advertisements in public places cemeteries, funeral parlours and crematoria cleansing control of public nuisances control of undertakings that sell liquor to the public facilities for the accommodation, care and burial of animals fencing and fences licensing of dogs licensing and control of undertakings that sell food to the public local amenities local sport facilities markets municipal abattoirs municipal parks and recreation municipal roads noise pollution pounds public places refuse removal, refuse dumps and solid waste disposal street trading street lighting traffic and parking schedule 6. transitional arrangements 1. definitions in this schedule, unless inconsistent with the context‘homeland’ means a part of the republic which, before the previous constitution took effect, was dealt with in south african legislation as an independent or a self-governing territory; ‘new constitution’ means the constitution of the republic of south africa, 1996; ‘old order legislation’ means legislation enacted before the previous constitution took effect; ‘previous constitution’ means the constitution of the republic of south africa, 1993 (act 200 of 1993). 2. continuation of existing law all law that was in force when the new constitution took effect, continues in force, subject toany amendment or repeal; and consistency with the new constitution. old order legislation that continues in force in terms of subitem (1)does not have a wider application, territorially or otherwise, than it had before the previous constitution took effect unless subsequently amended to have a wider application; and continues to be administered by the authorities that administered it when the new constitution took effect, subject to the new constitution. 3. interpretation of existing legislation unless inconsistent with the context or clearly inappropriate, a reference in any legislation that existed when the new constitution took effectto the republic of south africa or a homeland (except when it refers to a territorial area), must be construed as a reference to the republic of south africa under the new constitution; to parliament, the national assembly or the senate, must be construed as a reference to parliament, the national assembly or the national council of provinces under the new constitution; to the president, an executive deputy president, a minister, a deputy minister or the cabinet, must be construed as a reference to the president, the deputy president, a minister, a deputy minister or the cabinet under the new constitution, subject to item 9 of this schedule; to the president of the senate, must be construed as a reference to the chairperson of the national council of provinces; to a provincial legislature, premier, executive council or member of an executive council of a province, must be construed as a reference to a provincial legislature, premier, executive council or member of an executive council under the new constitution, subject to item 12 of this schedule; or to an official language or languages, must be construed as a reference to any of the official languages under the new constitution. unless inconsistent with the context or clearly inappropriate, a reference in any remaining old order legislationto a parliament, a house of a parliament or a legislative assembly or body of the republic or of a homeland, must be construed as a reference toparliament under the new constitution, if the administration of that legislation has been allocated or assigned in terms of the previous constitution or this schedule to the national executive; or the provincial legislature of a province, if the administration of that legislation has been allocated or assigned in terms of the previous constitution or this schedule to a provincial executive; or to a state president, chief minister, administrator or other chief executive, cabinet, ministers’ council or executive council of the republic or of a homeland, must be construed as a reference tothe president under the new constitution, if the administration of that legislation has been allocated or assigned in terms of the previous constitution or this schedule to the national executive; or the premier of a province under the new constitution, if the administration of that legislation has been allocated or assigned in terms of the previous constitution or this schedule to a provincial executive. 4. national assembly anyone who was a member or office-bearer of the national assembly when the new constitution took effect, becomes a member or office-bearer of the national assembly under the new constitution, and holds office as a member or office-bearer in terms of the new constitution. the national assembly as constituted in terms of subitem (1) must be regarded as having been elected under the new constitution for a term that expires on 30 april 1999. the national assembly consists of 400 members for the duration of its term that expires on 30 april 1999, subject to section 49 (4) of the new constitution. the rules and orders of the national assembly in force when the new constitution took effect, continue in force, subject to any amendment or repeal. 5. unfinished business before parliament any unfinished business before the national assembly when the new constitution takes effect must be proceeded with in terms of the new constitution. any unfinished business before the senate when the new constitution takes effect must be referred to the national council of provinces, and the council must proceed with that business in terms of the new constitution. 6. elections of national assembly no election of the national assembly may be held before 30 april 1999 unless the assembly is dissolved in terms of section 50 (2) after a motion of no confidence in the president in terms of section 102(2) of the new constitution. section 50 (1) of the new constitution is suspended until 30 april 1999. despite the repeal of the previous constitution, schedule 2 to that constitution, as amended by annexure a to this schedule, appliesto the first election of the national assembly under the new constitution; to the loss of membership of the assembly in circumstances other than those provided for in section 47 (3) of the new constitution; and to the filling of vacancies in the assembly, and the supplementation, review and use of party lists for the filling of vacancies, until the second election of the assembly under the new constitution. section 47 (4) of the new constitution is suspended until the second election of the national assembly under the new constitution. 7. national council of provinces for the period which ends immediately before the first sitting of a provincial legislature held after its first election under the new constitutionthe proportion of party representation in the province’s delegation to the national council of provinces must be the same as the proportion in which the province’s 10 senators were nominated in terms of section 48 of the previous constitution; and the allocation of permanent delegates and special delegates to the parties represented in the provincial legislature, is as follows: eastern cape permanent delegates anc 5, np 1 special delegates anc 4 free state permanent delegates anc 4, ff 1, np 1 special delegates anc 4 gauteng permanent delegates anc 3, dp 1, ff 1, np 1 special delegates anc 3, np 1 kwazulu-natal permanent delegates anc 1, dp 1, ifp 3, np 1 special delegates anc 2, ifp 2 mpumalanga permanent delegates anc 4, ff 1, np 1 special delegates anc 4 northern cape permanent delegates anc 3, ff 1, np 1 special delegates anc 2, np 2 northern province permanent delegates anc 6 special delegates anc 4 north west permanent delegates anc 4, ff 1, np 1 special delegates anc 4 north west permanent delegates anc 2, dp 1, np 3 special delegates anc 1, np 3 a party represented in a provincial legislaturemust nominate its permanent delegates from among the persons who were senators when the new constitution took effect and are available to serve as permanent delegates; and may nominate other persons as permanent delegates only if none or an insufficient number of its former senators are available. a provincial legislature must appoint its permanent delegates in accordance with the nominations of the parties. subitems (2) and (3) apply only to the first appointment of permanent delegates to the national council of provinces. section 62 (1) of the new constitution does not apply to the nomination and appointment of former senators as permanent delegates in terms of this item. the rules and orders of the senate in force when the new constitution took effect, must be applied in respect of the business of the national council to the extent that they can be applied, subject to any amendment or repeal. 8. former senators a former senator who is not appointed as a permanent delegate to the national council of provinces is entitled to become a full voting member of the legislature of the province from which that person was nominated as a senator in terms of section 48 of the previous constitution. if a former senator elects not to become a member of a provincial legislature that person is regarded as having resigned as a senator the day before the new constitution took effect. the salary, allowances and benefits of a former senator appointed as a permanent delegate or as a member of a provincial legislature may not be reduced by reason only of that appointment. 9. national executive anyone who was the president, an executive deputy president, a minister or a deputy minister under the previous constitution when the new constitution took effect, continues in and holds that office in terms of the new constitution, but subject to subitem (2). until 30 april 1999, sections 84, 89, 90, 91, 93 and 96 of the new constitution must be regarded to read as set out in annexure b to this schedule. subitem (2) does not prevent a minister who was a senator when the new constitution took effect, from continuing as a minister referred to in section 91 (1) (a) of the new constitution, as that section reads in annexure b. 10. provincial legislatures anyone who was a member or office-bearer of a province’s legislature when the new constitution took effect, becomes a member or office-bearer of the legislature for that province under the new constitution, and holds office as a member or office-bearer in terms of the new constitution and any provincial constitution that may be enacted. a provincial legislature as constituted in terms of subitem (1) must be regarded as having been elected under the new constitution for a term that expires on 30 april 1999. for the duration of its term that expires on 30 april 1999, and subject to section 108 (4), a provincial legislature consists of the number of members determined for that legislature under the previous constitution plus the number of former senators who became members of the legislature in terms of item 8 of this schedule. the rules and orders of a provincial legislature in force when the new constitution took effect, continue in force, subject to any amendment or repeal. 11. elections of provincial legislatures despite the repeal of the previous constitution, schedule 2 to that constitution, as amended by annexure a to this schedule, appliesto the first election of a provincial legislature under the new constitution; to the loss of membership of a legislature in circumstances other than those provided for in section 106 (3) of the new constitution; and to the filling of vacancies in a legislature, and the supplementation, review and use of party lists far the filling of vacancies, until the second election of the legislature under the new constitution. section 106 (4) of the new constitution is suspended in respect of a provincial legislature until the second election of the legislature under the new constitution. 12. provincial executives anyone who was the premier or a member of the executive council of a province when the new constitution took effect, continues in and holds that office in terms of the new constitution and any provincial constitution that may be enacted, but subject to subitem (2). until the premier elected after the first election of a province’s legislature under the new constitution assumes office, or the province enacts its constitution, whichever occurs first, sections 132 and 136 of the new constitution must be regarded to read as set out in annexure c to this schedule. 13. provincial constitutions a provincial constitution passed before the new constitution took effect must comply with section 143 of the new constitution. 14. assignment of legislation to provinces legislation with regard to a matter within a functional area listed in schedule 4 or 5 to the new constitution and which, when the new constitution took effect, was administered by an authority within the national executive, may be assigned by the president, by proclamation, to an authority within a provincial executive designated by the executive council of the province. to the extent that it is necessary for an assignment of legislation under subitem (1) to be effectively carried out, the president, by proclamation, mayamend or adapt the legislation to regulate its interpretation or application; where the assignment does not apply to the whole of any piece of legislation, repeal and re-enact, with or without any amendments or adaptations referred to in paragraph (a), those provisions to which the assignment applies or to the extent that the assignment applies to them; or regulate any other matter necessary as a result of the assignment, including the transfer or secondment of staff, or the transfer of assets, liabilities, rights and obligations, to or from the national or a provincial executive or any department of state, administration, security service or other institution. 3 a copy of each proclamation issued in terms of subitem (1) or (2) must be submitted to the national assembly and the national council of provinces within 10 days of the publication of the proclamation. if both the national assembly and the national council by resolution disapprove the proclamation or any provision of it, the proclamation or provision lapses, but without affectingthe validity of anything done in terms of the proclamation or provision before it lapsed; or a right or privilege acquired or an obligation or liability incurred before it lapsed. when legislation is assigned under subitem (1), any reference in the legislation to an authority administering it, must be construed as a reference to the authority to which it has been assigned. any assignment of legislation under section 235 (8) of the previous constitution, including any amendment, adaptation or repeal and re-enactment of any legislation and any other action taken under that section, is regarded as having been done under this item. 15. existing legislation outside parliament’s legislative power an authority within the national executive that administers any legislation falling outside parliament’s legislative power when the new constitution takes effect, remains competent to administer that legislation until it is assigned to an authority within a provincial executive in terms of item 14 of this schedule. subitem (1) lapses two years after the new constitution took effect. 16. courts every court, including courts of traditional leaders, existing when the new constitution took effect, continues to function and to exercise jurisdiction in terms of the legislation applicable to it, and anyone holding office as a judicial officer continues to hold office in terms of the legislation applicable to that office, subject toany amendment or repeal of that legislation; and consistency with the new constitution. 2 the constitutional court established by the previous constitution becomes the constitutional court under the new constitution. [repealed] 3 the appellate division of the supreme court of south africa becomes the supreme court of appeal under the new constitution. [repealed] 4 a provincial or local division of the supreme court of south africa or a supreme court of a homeland or a general division of such a court, becomes a high court under the new constitution without any alteration in its area of jurisdiction, subject to any rationalisation contemplated in subitem (6). anyone holding office or deemed to hold office as the judge president, the deputy judge president or a judge of a court referred to in paragraph (a) when the new constitution takes effect, becomes the judge president, the deputy judge president or a judge of such a court under the new constitution, subject to any rationalisation contemplated in subitem (6). unless inconsistent with the context or clearly inappropriate, a reference in any legislation or process tothe constitutional court under the previous constitution, must be construed as a reference to the constitutional court under the new constitution; the appellate division of the supreme court of south africa, must be construed as a reference to the supreme court of appeal; and a provincial or local division of the supreme court of south africa or a supreme court of a homeland or general division of that court, must be construed as a reference to a high court. 6 as soon as is practical after the new constitution took effect all courts, including their structure, composition, functioning and jurisdiction, and all relevant legislation, must be rationalised with a view to establishing a judicial system suited to the requirements of the new constitution. the cabinet member responsible for the administration of justice, acting after consultation with the judicial service commission, must manage the rationalisation envisaged in paragraph (a). 7 anyone holding office, when the constitution of the republic of south africa amendment act, 2001, takes effect, asthe president of the constitutional court, becomes the chief justice as contemplated in section 167 (1) of the new constitution; the deputy president of the constitutional court, becomes the deputy chief justice as contemplated in section 167 (1) of the new constitution; the chief justice, becomes the president of the supreme court of appeal as contemplated in section 168 (1) of the new constitution; and the deputy chief justice, becomes the deputy president of the supreme court of appeal as contemplated in section 168 (1) of the new constitution. all rules, regulations or directions made by the president of the constitutional court or the chief justice in force immediately before the constitution of the republic of south africa amendment act, 2001, takes effect, continue in force until repealed or amended. unless inconsistent with the context or clearly inappropriate, a reference in any law or process to the chief justice or to the president of the constitutional court, must be construed as a reference to the chief justice as contemplated in section 167 (1) of the new constitution. 17. cases pending before courts all proceedings which were pending before a court when the new constitution took effect, must be disposed of as if the new constitution had not been enacted, unless the interests of justice require otherwise. 18. prosecuting authority section 108 of the previous constitution continues in force until the act of parliament envisaged in section 179 of the new constitution takes effect. this subitem does not affect the appointment of the national director of public prosecutions in terms of section 179. an attorney-general holding office when the new constitution takes effect, continues to function in terms of the legislation applicable to that office, subject to subitem (1). 19. oaths and affirmations a person who continues in office in terms of this schedule and who has taken the oath of office or has made a solemn affirmation under the previous constitution, is not obliged to repeat the oath of office or solemn affirmation under the new constitution. 20. other constitutional institutions in this section ‘constitutional institution’ meansthe public protector; the south african human rights commission; the commission on gender equality; the auditor-general; the south african reserve bank; the financial and fiscal commission; the judicial service commission; or the pan south african language board. a constitutional institution established in terms of the previous constitution continues to function in terms of the legislation applicable to it, and anyone holding office as a commission member, a member of the board of the reserve bank or the pan south african language board, the public protector or the auditor-general when the new constitution takes effect, continues to hold office in terms of the legislation applicable to that office, subject toany amendment or repeal of that legislation; and consistency with the new constitution. sections 199 (1), 200 (1), (3) and (5) to (11) and 201 to 206 of the previous constitution continue in force until repealed by an act of parliament passed in terms of section 75 of the new constitution. the members of the judicial service commission referred to in section 105 (1) (h) of the previous constitution cease to be members of the commission when the members referred to in section 178 (1) (i) of the new constitution are appointed. 5 the volkstaat council established in terms of the previous constitution continues to function in terms of the legislation applicable to it, and anyone holding office as a member of the council when the new constitution takes effect, continues to hold office in terms of the legislation applicable to that office, subject toany amendment or repeal of that legislation; and consistency with the new constitution. sections 184a and 184b (1) (a), (b) and (d) of the previous constitution continue in force until repealed by an act of parliament passed in terms of section 75 of the new constitution. 21. enactment of legislation required by new constitution where the new constitution requires the enactment of national or provincial legislation, that legislation must be enacted by the relevant authority within a reasonable period of the date the new constitution took effect. section 198 (b) of the new constitution may not be enforced until the legislation envisaged in that section has been enacted. section 199 (3) (a) of the new constitution may not be enforced before the expiry of three months after the legislation envisaged in that section has been enacted. national legislation envisaged in section 217 (3) of the new constitution must be enacted within three years of the date on which the new constitution took effect, but the absence of this legislation during this period does not prevent the implementation of the policy referred to in section 217 (2). until the act of parliament referred to in section 65 (2) of the new constitution is enacted each provincial legislature may determine its own procedure in terms of which authority is conferred on its delegation to cast votes on its behalf in the national council of provinces. until the legislation envisaged in section 229 (1) (b) of the new constitution is enacted, a municipality remains competent to impose any tax, levy or duty which it was authorised to impose when the constitution took effect. 22. national unity and reconciliation notwithstanding the other provisions of the new constitution and despite the repeal of the previous constitution, all the provisions relating to amnesty contained in the previous constitution under the heading ‘national unity and reconciliation’ are deemed to be part of the new constitution for the purposes of the promotion of national unity and reconciliation act, 1995 (act 34 of 1995), as amended, including for the purposes of its validity. for the purposes of subitem (1), the date ’6 december 1993’ where it appears in the provisions of the previous constitution under the heading ‘national unity and reconciliation,’ must be read as ’11 may 1994.’ 23. bill of rights national legislation envisaged in sections 9 (4), 32 (2) and 33 (3) of the new constitution must be enacted within three years of the date on which the new constitution took effect. until the legislation envisaged in sections 32 (2) and 33 (3) of the new constitution is enactedsection 32 (1) must be regarded to read as follows: ‘(1) every person has the right of access to all information held by the state or any of its organs in any sphere of government in so far as that information is required for the exercise or protection of any of their rights.’; and section 33 (1) and (2) must be regarded to read as follows: ‘every person has the right to (a) lawful administrative action where any of their rights or interests is affected or threatened; (b) procedurally fair administrative action where any of their rights or legitimate expectations is affected or threatened; (c) be furnished with reasons in writing for administrative action which affects any of their rights or interests unless the reasons for that action have been made public; and (d) administrative action which is justifiable in relation to the reasons given for it where any of their rights is affected or threatened.’ sections 32 (2) and 33 (3) of the new constitution lapse if the legislation envisaged in those sections, respectively, is not enacted within three years of the date the new constitution took effect. 24. public administration and security services sections 82 (4) (b), 215, 218 (1), 219 (1), 224 to 228, 236 (1), (2), (3), (6), (7) (b) and (8), 237 (1) and (2) (a) and 239 (4) and (5) of the previous constitution continue in force as if the previous constitution had not been repealed, subject tothe amendments to those sections as set out in annexure d; any further amendment or any repeal of those sections by an act of parliament passed in terms of section 75 of the new constitution; and consistency with the new constitution. the public service commission and the provincial service commissions referred to in chapter 13 of the previous constitution continue to function in terms of that chapter and the legislation applicable to it as if that chapter had not been repealed, until the commission and the provincial service commissions are abolished by an act of parliament passed in terms of section 75 of the new constitution. the repeal of the previous constitution does not affect any proclamation issued under section 237 (3) of the previous constitution, and any such proclamation continues in force, subject toany amendment or repeal; and consistency with the new constitution 25. additional disqualification for legislatures anyone who, when the new constitution took effect, was serving a sentence in the republic of more than 12 months’ imprisonment without the option of a fine, is not eligible to be a member of the national assembly or a provincial legislature. the disqualification of a person in terms of subitem (1) lapses if the conviction is set aside on appeal, or the sentence is reduced on appeal to a sentence that does not disqualify that person; and ends five years after the sentence has been completed. 26. local government notwithstanding the provisions of sections 151, 155, 156 and 157 of the new constitutionthe provisions of the local government transition act, 1993 (act 209 of 1993), as may be amended from time to time by national legislation consistent with the new constitution, remain in force in respect of a municipal council until a municipal council replacing that council has been declared elected as a result of the first general election of municipal councils after the commencement of the new constitution; and a traditional leader of a community observing a system of indigenous law and residing on land within the area of a transitional local council, transitional rural council or transitional representative council, referred to in the local government transition act, 1993, and who has been identified as set out in section 182 of the previous constitution, is ex officio entitled to be a member of that council until a municipal council replacing that council has been declared elected as a result of the first general election of municipal councils after the commencement of the new constitution. section 245 (4) of the previous constitution continues in force until the application of that section lapses. section 16 (5) and (6) of the local government transition act, 1993, may not be repealed before 30 april 2000. 27. safekeeping of acts of parliament and provincial acts sections 82 and 124 of the new constitution do not affect the safekeeping of acts of parliament or provincial acts passed before the new constitution took effect. 28. registration of immovable property owned by the state on the production of a certificate by a competent authority that immovable property owned by the state is vested in a particular government in terms of section 239 of the previous constitution, a registrar of deeds must make such entries or endorsements in or on any relevant register, title deed or other document to register that immovable property in the name of that government. no duty, fee or other charge is payable in respect of a registration in terms of subitem (1). annexure a. amendments to schedule 2 to the previous constitution the replacement of item 1 with the following item: ‘1. parties registered in terms of national legislation and contesting an election of the national assembly, shall nominate candidates for such election on lists of candidates prepared in accordance with this schedule and national legislation.’ the replacement of item 2 with the following item: ‘2. the seats in the national assembly as determined in terms of section 46 of the new constitution, shall be filled as follows: (a) one half of the seats from regional lists submitted by the respective parties, with a fixed number of seats reserved for each region as determined by the commission for the next election of the assembly, taking into account available scientifically based data in respect of voters, and representations by interested parties. (b) the other half of the seats from national lists submitted by the respective parties, or from regional lists where national lists were not submitted.’ the replacement of item 3 with the following item: ‘3. the lists of candidates submitted by a party, shall in total contain the names of not more than a number of candidates equal to the number of seats in the national assembly, and each such list shall denote such names in such fixed order of preference as the party may determine.’ the amendment of item 5 by replacing the words preceding paragraph (a) with the following words: ‘5. the seats referred to in item 2 (a) shall be allocated per region to the parties contesting an election, as follows:.’ the amendment of item 6by replacing the words preceding paragraph (a) with the following words: ‘6. the seats referred to in item 2 (b) shall be allocated to the parties contesting an election, as follows:’; and by replacing paragraph (a) with the following paragraph: ‘(a) a quota of votes per seat shall be determined by dividing the total number of votes cast nationally by the number of seats in the national assembly, plus one, and the result plus one, disregarding fractions, shall be the quota of votes per seat.’ the amendment of item 7 (3) by replacing paragraph (b) with the following paragraph: ‘(b) an amended quota of votes per seat shall be determined by dividing the total number of votes cast nationally, minus the number of votes cast nationally in favour of the party referred to in paragraph (a), by the number of seats in the assembly, plus one, minus the number of seats finally allocated to the said party in terms of paragraph (a).’ the replacement of item 10 with the following item: ‘10. the number of seats in each provincial legislature shall be as determined in terms of section 105 of the new constitution.’ the replacement of item 11 with the following item: ‘11. parties registered in terms of national legislation and contesting an election of a provincial legislature, shall nominate candidates for election to such provincial legislature on provincial lists prepared in accordance with this schedule and national legislation.’ the replacement of item 16 with the following item: ‘16 designation of representatives (1) after the counting of votes has been concluded, the number of representatives of each party has been determined and the election result has been declared in terms of section 190 of the new constitution, the commission shall, within two days after such declaration, designate from each list of candidates, published in terms of national legislation, the representatives of each party in the legislature. (2) following the designation in terms of subitem (1), if a candidate’s name appears on more than one list for the national assembly or on lists for both the national assembly and a provincial legislature (if an election of the assembly and a provincial legislature is held at the same time), and such candidate is due for designation as a representative in more than one case, the party which submitted such lists shall, within two days after the said declaration, indicate to the commission from which list such candidate will be designated or in which legislature the candidate will serve, as the case may be, in which event the candidate’s name shall be deleted from the other lists. (3) the commission shall forthwith publish the list of names of representatives in the legislature or legislatures.’ the amendment of item 18 by replacing paragraph (b) with the following paragraph: ‘(b) a representative is appointed as a permanent delegate to the national council of provinces;.’ the replacement of item 19 with the following item: ‘19. lists of candidates of a party referred to in item 16 (1) may be supplemented on one occasion only at any time during the first 12 months following the date on which the designation of representatives in terms of item 16 has been concluded, in order to fill casual vacancies: provided that any such supplementation shall be made at the end of the list.’ the replacement of item 23 with the following item: ‘23 vacancies (1) in the event of a vacancy in a legislature to which this schedule applies, the party which nominated the vacating member shall fill the vacancy by nominating a person(a) whose name appears on the list of candidates from which the vacating member was originally nominated; and (b) who is the next qualified and available person on the list. (2) a nomination to fill a vacancy shall be submitted to the speaker in writing. (3) if a party represented in a legislature dissolves or ceases to exist and the members in question vacate their seats in consequence of item 23a (1), the seats in question shall be allocated to the remaining parties mutatis mutandis as if such seats were forfeited seats in terms of item 7 or 14, as the case may be.’ the insertion of the following item after item 23: ‘23a additional ground for loss of membership of legislatures (1) a person loses membership of a legislature to which this schedule applies if that person ceases to be a member of the party which nominated that person as a member of the legislature. (2) despite subitem (1) any existing political party may at any time change its name. (3) an act of parliament may, within a reasonable period after the new constitution took effect, be passed in accordance with section 76 (1) of the new constitution to amend this item and item 23 to provide for the manner in which it will be possible for a member of a legislature who ceases to be a member of the party which nominated that member, to retain membership of such legislature. (4) an act of parliament referred to in subitem (3) may also provide for(a) any existing party to merge with another party; or (b) any party to subdivide into more than one party.’ the deletion of item 24. the amendment of item 25by replacing the definition of ‘commission’ with the following definition: ‘commission’ means the electoral commission referred to in section 190 of the new constitution;’; and by inserting the following definition after the definition of ‘national list’: ‘new constitution’ means the constitution of the republic of south africa, 1996;.’ the deletion of item 26. annexure b. government of national unity: national sphere section 84 of the new constitution is deemed to contain the following additional subsection: ‘(3) the president must consult the executive deputy presidents(a) in the development and execution of the policies of the national government; (b) in all matters relating to the management of the cabinet and the performance of cabinet business; (c) in the assignment of functions to the executive deputy presidents; (d) before making any appointment under the constitution or any legislation, including the appointment of ambassadors or other diplomatic representatives; (e) before appointing commissions of inquiry; (f) before calling a referendum; and (g) before pardoning or reprieving offenders.’ section 89 of the new constitution is deemed to contain the following additional subsection: ‘(3) subsections (1) and (2) apply also to an executive deputy president.’ paragraph (a) of section 90 (1) of the new constitution is deemed to read as follows: ‘(a) an executive deputy president designated by the president;.’ section 91 of the new constitution is deemed to read as follows: ‘91 cabinet (1) the cabinet consists of the president, the executive deputy presidents and(a) not more than 27 ministers who are members of the national assembly and appointed in terms of subsections (8) to (12); and (b) not more than one minister who is not a member of the national assembly and appointed in terms of subsection (13), provided the president, acting in consultation with the executive deputy presidents and the leaders of the participating parties, deems the appointment of such a minister expedient. (2) each party holding at least 80 seats in the national assembly is entitled to designate an executive deputy president from among the members of the assembly. (3) if no party or only one party holds 80 or more seats in the assembly, the party holding the largest number of seats and the party holding the second largest number of seats are each entitled to designate one executive deputy president from among the members of the assembly. (4) on being designated, an executive deputy president may elect to remain or cease to be a member of the assembly. (5) an executive deputy president may exercise the powers and must perform the functions vested in the office of executive deputy president by the constitution or assigned to that office by the president. (6) an executive deputy president holds office(a) until 30 april 1999 unless replaced or recalled by the party entitled to make the designation in terms of subsections (2) and (3); or (b) until the person elected president after any election of the national assembly held before 30 april 1999, assumes office. (7) a vacancy in the office of an executive deputy president may be filled by the party which designated that deputy president. (8) a party holding at least 20 seats in the national assembly and which has decided to participate in the government of national unity, is entitled to be allocated one or more of the cabinet portfolios in respect of which ministers referred to in subsection (1) (a) are to be appointed, in proportion to the number of seats held by it in the national assembly relative to the number of seats held by the other participating parties. (9) cabinet portfolios must be allocated to the respective participating parties in accordance with the following formula: (a) a quota of seats per portfolio must be determined by dividing the total number of seats in the national assembly held jointly by the participating parties by the number of portfolios in respect of which ministers referred to in subsection (1) (a) are to be appointed, plus one. (b) the result, disregarding third and subsequent decimals, if any, is the quota of seats per portfolio. (c) the number of portfolios to be allocated to a participating party is determined by dividing the total number of seats held by that party in the national assembly by the quota referred to in paragraph (b). (d) the result, subject to paragraph (e), indicates the number of portfolios to be allocated to that party. (e) where the application of the above formula yields a surplus not absorbed by the number of portfolios allocated to a party, the surplus competes with other similar surpluses accruing to another party or parties, and any portfolio or portfolios which remain unallocated must be allocated to the party or parties concerned in sequence of the highest surplus. (10) the president after consultation with the executive deputy presidents and the leaders of the participating parties must(a) determine the specific portfolios to be allocated to the respective participating parties in accordance with the number of portfolios allocated to them in terms of subsection (9); (b) appoint in respect of each such portfolio a member of the national assembly who is a member of the party to which that portfolio was allocated under paragraph (a), as the minister responsible for that portfolio; (c) if it becomes necessary for the purposes of the constitution or in the interest of good government, vary any determination under paragraph (a), subject to subsection (9); (d) terminate any appointment under paragraph (b)(i) if the president is requested to do so by the leader of the party of which the minister in question is a member; or (ii) if it becomes necessary for the purposes of the constitution or in the interest of good government; or (e) fill, when necessary, subject to paragraph (b), a vacancy in the office of minister. (11) subsection (10) must be implemented in the spirit embodied in the concept of a government of national unity, and the president and the other functionaries concerned must in the implementation of that subsection seek to achieve consensus at all times: provided that if consensus cannot be achieved on(a) the exercise of a power referred to in paragraph (a), (c) or (d) (ii) of that subsection, the president’s decision prevails; (b) the exercise of a power referred to in paragraph (b), (d) (i) or (e) of that subsection affecting a person who is not a member of the president’s party, the decision of the leader of the party of which that person is a member prevails; and (c) the exercise of a power referred to in paragraph (b) or (e) of that subsection affecting a person who is a member of the president’s party, the president’s decision prevails. (12) if any determination of portfolio allocations is varied under subsection (10) (c), the affected ministers must vacate their portfolios but are eligible, where applicable, for reappointment to other portfolios allocated to their respective parties in terms of the varied determination. (13) the president(a) in consultation with the executive deputy presidents and the leaders of the participating parties, must(i) determine a specific portfolio for a minister referred to in subsection (1) (b) should it become necessary pursuant to a decision of the president under that subsection; (ii) appoint in respect of that portfolio a person who is not a member of the national assembly, as the minister responsible for that portfolio; and (iii) fill, if necessary, a vacancy in respect of that portfolio; or (b) after consultation with the executive deputy presidents and the leaders of the participating parties, must terminate any appointment under paragraph (a) if it becomes necessary for the purposes of the constitution or in the interest of good government. (14) meetings of the cabinet must be presided over by the president, or, if the president so instructs, by an executive deputy president: provided that the executive deputy presidents preside over meetings of the cabinet in turn unless the exigencies of government and the spirit embodied in the concept of a government of national unity otherwise demand. (15) the cabinet must function in a manner which gives consideration to the consensusseeking spirit embodied in the concept of a government of national unity as well as the need for effective government.’ section 93 of the new constitution is deemed to read as follows: ‘93 appointment of deputy ministers (1) the president may, after consultation with the executive deputy presidents and the leaders of the parties participating in the cabinet, establish deputy ministerial posts. (2) a party is entitled to be allocated one or more of the deputy ministerial posts in the same proportion and according to the same formula that portfolios in the cabinet are allocated. (3) the provisions of section 91 (10) to (12) apply, with the necessary changes, in respect of deputy ministers, and in such application a reference in that section to a minister or a portfolio must be read as a reference to a deputy minister or a deputy ministerial post, respectively. (4) if a person is appointed as the deputy minister of any portfolio entrusted to a minister(a) that deputy minister must exercise and perform on behalf of the relevant minister any of the powers and functions assigned to that minister in terms of any legislation or otherwise which may, subject to the directions of the president, be assigned to that deputy minister by that minister; and (b) any reference in any legislation to that minister must be construed as including a reference to the deputy minister acting in terms of an assignment under paragraph (a) by the minister for whom that deputy minister acts. (5) whenever a deputy minister is absent or for any reason unable to exercise or perform any of the powers or functions of office, the president may appoint any other deputy minister or any other person to act in the said deputy minister’s stead, either generally or in the exercise or performance of any specific power or function.’ section 96 of the new constitution is deemed to contain the following additional subsections: ‘(3) ministers are accountable individually to the president and to the national assembly for the administration of their portfolios, and all members of the cabinet are correspondingly accountable collectively for the performance of the functions of the national government and for its policies. (4) ministers must administer their portfolios in accordance with the policy determined by the cabinet. (5) if a minister fails to administer the portfolio in accordance with the policy of the cabinet, the president may require the minister concerned to bring the administration of the portfolio into conformity with that policy. (6) if the minister concerned fails to comply with a requirement of the president under subsection (5), the president may remove the minister from office(a) if it is a minister referred to in section 91 (1) (a), after consultation with the minister and, if the minister is not a member of the president’s party or is not the leader of a participating party, also after consultation with the leader of that minister’s party; or (b) if it is a minister referred to in section 91 (1) (b), after consultation with the executive deputy presidents and the leaders of the participating parties.’ annexure c. government of national unity: provincial sphere section 132 of the new constitution is deemed to read as follows: ‘132 executive councils (1) the executive council of a province consists of the premier and not more than 10 members appointed by the premier in accordance with this section. (2) a party holding at least 10 per cent of the seats in a provincial legislature and which has decided to participate in the government of national unity, is entitled to be allocated one or more of the executive council portfolios in proportion to the number of seats held by it in the legislature relative to the number of seats held by the other participating parties. (3) executive council portfolios must be allocated to the respective participating parties according to the same formula set out in section 91 (9), and in applying that formula a reference in that section to(a) the cabinet, must be read as a reference to an executive council; (b) a minister, must be read as a reference to a member of an executive council; and (c) the national assembly, must be read as a reference to the provincial legislature. (4) the premier of a province after consultation with the leaders of the participating parties must(a) determine the specific portfolios to be allocated to the respective participating parties in accordance with the number of portfolios allocated to them in terms of subsection (3); (b) appoint in respect of each such portfolio a member of the provincial legislature who is a member of the party to which that portfolio was allocated under paragraph (a), as the member of the executive council responsible for that portfolio; (c) if it becomes necessary for the purposes of the constitution or in the interest of good government, vary any determination under paragraph (a), subject to subsection (3); (d) terminate any appointment under paragraph (b)(i) if the premier is requested to do so by the leader of the party of which the executive council member in question is a member; or (ii) if it becomes necessary for the purposes of the constitution or in the interest of good government; (e) fill, when necessary, subject to paragraph (b), a vacancy in the office of a member of the executive council. (5) subsection (4) must be implemented in the spirit embodied in the concept of a government of national unity, and the premier and the other functionaries concerned must in the implementation of that subsection seek to achieve consensus at all times: provided that if consensus cannot be achieved on(a) the exercise of a power referred to in paragraph (a), (c) or (d) (ii) of that subsection, the premier’s decision prevails; (b) the exercise of a power referred to in paragraph (b), (d) (i) or (e) of that subsection affecting a person who is not a member of the premier’s party, the decision of the leader of the party of which such person is a member prevails; and (c) the exercise of a power referred to in paragraph (b) or (e) of that subsection affecting a person who is a member of the premier’s party, the premier’s decision prevails. (6) if any determination of portfolio allocations is varied under subsection (4) (c), the affected members must vacate their portfolios but are eligible, where applicable, for reappointment to other portfolios allocated to their respective parties in terms of the varied determination. (7) meetings of an executive council must be presided over by the premier of the province. (8) an executive council must function in a manner which gives consideration to the consensus-seeking spirit embodied in the concept of a government of national unity, as well as the need for effective government.’ section 136 of the new constitution is deemed to contain the following additional subsections: ‘(3) members of executive councils are accountable individually to the premier and to the provincial legislature for the administration of their portfolios, and all members of the executive council are correspondingly accountable collectively for the performance of the functions of the provincial government and for its policies. (4) members of executive councils must administer their portfolios in accordance with the policy determined by the council. (5) if a member of an executive council fails to administer the portfolio in accordance with the policy of the council, the premier may require the member concerned to bring the administration of the portfolio into conformity with that policy. (6) if the member concerned fails to comply with a requirement of the premier under subsection (5), the premier may remove the member from office after consultation with the member, and if the member is not a member of the premier’s party or is not the leader of a participating party, also after consultation with the leader of that member’s party.’ annexure d. public administration and security services: amendments to sections of the previous constitution the amendment of section 218 of the previous constitutionby replacing in subsection (1) the words preceding paragraph (a) with the following words: ‘(1) subject to the directions of the minister of safety and security, the national commissioner shall be responsible for-’; by replacing paragraph (b) of subsection (1) with the following paragraph: ‘(b) the appointment of provincial commissioners;’; by replacing paragraph (d) of subsection (1) with the following paragraph: ‘(d) the investigation and prevention of organised crime or crime which requires national investigation and prevention or specialised skills;’; and by replacing paragraph (k) of subsection (1) with the following paragraph: ‘(k) the establishment and maintenance of a national public order policing unit to be deployed in support of and at the request of the provincial commissioner;.’ the amendment of section 219 of the previous constitution by replacing in subsection (1) the words preceding paragraph (a) with the following words: ‘(1) subject to section 218 (1), a provincial commissioner shall be responsible for-.’ the amendment of section 224 of the previous constitution by replacing the proviso to subsection (2) with the following proviso: ‘provided that this subsection shall also apply to members of any armed force which submitted its personnel list after the commencement of the constitution of the republic of south africa, 1993 (act 200 of 1993), but before the adoption of the new constitutional text as envisaged in section 73 of that constitution, if the political organisation under whose authority and control it stands or with which it is associated and whose objectives it promotes did participate in the transitional executive council or did take part in the first election of the national assembly and the provincial legislatures under the said constitution.’ the amendment of section 227 of the previous constitution by replacing subsection (2) with the following subsection: ‘(2) the national defence force shall exercise its powers and perform its functions solely in the national interest in terms of chapter 11 of the constitution of the republic of south africa, 1996.’ the amendment of section 236 of the previous constitutionby replacing subsection (1) with the following subsection: ‘(1) a public service, department of state, administration or security service which immediately before the commencement of the constitution of the republic of south africa, 1996 (hereinafter referred to as ‘the new constitution’), performed governmental functions, continues to function in terms of the legislation applicable to it until it is abolished or incorporated or integrated into any appropriate institution or is rationalised or consolidated with any other institution.’; by replacing subsection (6) with the following subsection: ‘(6) (a) the president may appoint a commission to review the conclusion or amendment of a contract, the appointment or promotion, or the award of a term or condition of service or other benefit, which occurred between 27 april 1993 and 30 september 1994 in respect of any person referred to in subsection (2) or any class of such persons. (b) the commission may reverse or alter a contract, appointment, promotion or award if not proper or justifiable in the circumstances of the case.’; and by replacing ‘this constitution,’ wherever this occurs in section 236, with ‘the new constitution.’ the amendment of section 237 of the previous constitutionby replacing paragraph (a) of subsection (1) with the following paragraph: ‘(a) the rationalisation of all institutions referred to in section 236 (1), excluding military forces referred to in section 224 (2), shall after the commencement of the constitution of the republic of south africa, 1996, continue, with a view to establishing(i) an effective administration in the national sphere of government to deal with matters within the jurisdiction of the national sphere; and (ii) an effective administration for each province to deal with matters within the jurisdiction of each provincial government.’; and by replacing subparagraph (i) of subsection (2) (a) with the following subparagraph: ‘(i) institutions referred to in section 236 (1), excluding military forces, shall rest with the national government, which shall exercise such responsibility in co-operation with the provincial governments;.’ the amendment of section 239 of the previous constitution by replacing subsection (4) with the following subsection: ‘(4) subject to and in accordance with any applicable law, the assets, rights, duties and liabilities of all forces referred to in section 224 (2) shall devolve upon the national defence force in accordance with the directions of the minister of defence.’ schedule 6a [repealed] schedule 6b [repealed] schedule 7. laws repealed number and year of law / title: act 200 of 1993 / constitution of the republic of south africa, 1993 act 2 of 1994 / constitution of the republic of south africa amendment act, 1994 act 3 of 1994 / constitution of the republic of south africa second amendment act, 1994 act 13 of 1994 / constitution of the republic of south africa third amendment act, 1994 act 14 of 1994 / constitution of the republic of south africa fourth amendment act, 1994 act 24 of 1994 / constitution of the republic of south africa sixth amendment act, 1994 act 29 of 1994 / constitution of the republic of south africa fifth amendment act, 1994 act 20 of 1995 / constitution of the republic of south africa amendment act, 1995 act 44 of 1995 / constitution of the republic of south africa second amendment act, 1995 act 7 of 1996 / constitution of the republic of south africa amendment act, 1996 act 26 of 1996 / constitution of the republic of south africa third amendment act, 1996 part i basic provisions preamble to the constitution lebanon is a sovereign, free, and independent homeland. an ultimate homeland for all its sons; unitary in terms of land, people, and institutions, within its boundaries; as provided in this constitution, and as recognized internationally. lebanon has an arab identity and belonging. it is a founding active member of the arab league, committed to its charter; as it is a founding active member of the united nations organization, committed to its charter and the universal declaration of human rights. the state embodies these principles in all sectors and scopes without exception. lebanon is a democratic parliamentary republic based upon the respect of public freedoms, freedom of opinion and freedom of belief; and of social justice and equality in rights and duties among all citizens, without distinction or preference. the people are the source of powers and of sovereignty, exercising them through constitutional institutions. the system is based upon the principle of separation of powers, their balance, and their cooperation. the economic system is free, guaranteeing individual initiative and private ownership. balanced development of regions, culturally, socially, and economically, is a cornerstone of the state unity and the system stability. eliminating political sectarianism is a basic national objective, to be achieved according to a transitional plan. the territory of lebanon is one for all lebanese. every lebanese has the right to reside on any part thereof, and enjoy it under the sovereignty of the law. no segregation of the people on any belonging whatsoever. no segregation, no partition, and no inhabitation. there is no legitimacy to any authority contradicting the charter of co-existence. chapter one. the state and its territory article 1 lebanon is an independent state, with indivisible unity, and complete sovereignty. its boundaries are the same defining it currently. north: from the mouth of al-nahr al-kabir along a line following the course of the river to the point of its confluence with wadi khalid, its tributary, at the height of jisr al-kamar. east: the summit line separating wadi khalid from wadi al-assi river (oronte), crossing the villages of muaissara, harbata, heit, abish, fissan at the height of the two villages of brina and matriba. this line follows the boundaries of northern baalbeck from the northeasterly side and the southeasterly side, then the boundaries of baalbeck, al-bikaa, hassbiya, and eastern rashiya. south: the current southern boundaries of sour and marjayoun. west: the mediterranean sea. article 2 no part of the lebanese territory may be alienated or ceded. article 3 the boundaries of administrative areas may not be altered except according to a law. article 4 the grand lebanon is a republic, whose capital is beirut. article 5 the lebanese flag is comprised of red, white, and red horizontal stripes. the cedar in green occupies the center of the white stripe. the size of the white stripe is equivalent to the size of both the red stripes. the cedar is in the center, with its apex touching the red upper stripe, and its base touching the red lower stripe. the size of the cedar is equivalent to a third of the size of the white stripe. chapter two. the lebanese, their rights, and their obligations article 6 the lebanese nationality and the manner in which it is acquired, retained and lost, shall be determined according to the law. article 7 all lebanese are equal before the law. they equally enjoy civil and political rights, and assume obligations and public duties without any distinction among them. article 8 personal freedom is guaranteed and protected by the law. no one can be arrested, jailed or suspended except according to the rules of the law. no offense can be determined and no penalty can be imposed except according to the law. article 9 freedom of conscience is absolute. in assuming the obligations of glorifying god, the most high, the state respects all religions and creeds and safeguards the freedom of exercising the religious rites under its protection, without disturbing the public order. it also guarantees the respect of the system of personal status and religious interests of the people, regardless of their different creeds. article 10 education is free so long as it does not disturb the public order, does not violate the morals, and does not touch the dignity of any religion or creed. the rights of communities to establish their own private schools cannot be violated, provided that they comply with the general requirements laid down by the state with respect to public education. article 11 the arabic language is the official national language. the conditions under which the french language is to be used are determined by law. article 12 every lebanese has the right to public employment, without any distinction, except on qualification and merit according to the conditions laid down by the law. a special code shall be established to safeguard the rights of employees in the areas to which they belong. article 13 the freedom of opinion, expression through speech and writing, the freedom of the press, the freedom of assembly, and the freedom of association, are all guaranteed within the scope of the law. article 14 the dwelling is inviolable. no one is entitled to enter therein except under the conditions and manners prescribed by the law. article 15 the ownership is protected by the law. ownership of any one cannot be expropriated except for reasons of public utility under the conditions prescribed by the law and upon fair compensation to him. part ii. the powers chapter one. general provisions article 16 the legislative power is vested in one chamber: the chamber of deputies. article 17 the executive power is entrusted to the council of ministers, which shall exercise it according to the provisions of this constitution. article 18 the chamber of deputies and the council of ministers have the right to propose laws. a law cannot be published unless the chamber of deputies adopts it. article 19 a constitutional council is established to review the constitutionality of the laws, and to decide on the disputes and protests resulting from the presidential and the representative elections. the right to resort to this council, with respect to watching the constitutionality of the laws, is due to the president of the republic, the president of the chamber of deputies, and the prime minister, or to the members of the chamber of deputies, and to heads of the legally recognized sects, with respect to personal affairs, freedom of belief and the exercise of religious rituals, and freedom of religious education. the rules concerning the organization, the functioning and the composition of the council and the application to it are established by law. article 20 the judicial power is vested in the courts at various levels and jurisdictions, within a system prescribed by the law which provides the necessary guarantees to the judges and litigants. conditions of judicial guarantee and its limits are prescribed by the law. judges are independent in exercising their functions. decisions and judgments are issued by all the courts, and are executed in the name of the lebanese people. article 21 every lebanese citizen, twenty-one years old, has a right to be an elector, pending meeting the requirements prescribed by the electoral law. chapter two. the legislative power article 22 with the election of the first chamber of deputies on a national basis, not sectarian, a new senate shall be established in which all religious communities are represented and whose power shall be limited to supreme national causes. article 23 (abrogated by the constitutional law promulgated on october 17, 1927.) article 24 the chamber of deputies consists of elected representatives whose number and the manner of the election are determined by the electoral laws in effect. until the chamber of deputies issues an electoral law, outside the sectarian record, representative seats are distributed according to the following rules: equally between christians and moslems. proportional between the sects of both sides. proportional among districts. exceptionally, and once, representative seats vacant at the date of publishing this law, and the seats created by the electoral law, are filled totally by appointment by a twothirds majority of the national détente government, in implementation of the equality between the christians and the moslems, according to the national détente document. the electoral law determines the details of the application of this article. article 25 if the chamber of deputies is dissolved, the dissolution decision must call for conducting new elections. these elections are conducted according to article 24 and within a period not exceeding three months. chapter three. general provisions article 26 beirut is the center of the government and the chamber of deputies. article 27 the member of the chamber of deputies represents the whole nation. his electors cannot impose restrictions or conditions on his mandate. article 28 a representative may combine the representative and the ministerial functions. ministers may be selected from the members of the chamber of deputies or from persons outside it, or from both. article 29 the conditions under which the eligibility for representation is lost are determined by the law. article 30 representatives only have the right to decide on the validity of their mandate. the mandate of any representative cannot be nullified except by a two-thirds majority of all members. this article is abrogated "de jure" immediately on establishing the constitutional council, and putting its law in effect. article 31 every meeting held by the chamber outside the legal session is ipso facto null and in violation of the law. article 32 the chamber holds two ordinary sessions every year. the first session starts on tuesday following the fifteenth of march, and its meetings continue to the end of may. the second session starts tuesday following the fifteenth of october. its meetings are devoted to the discussion of the budget and voting on it, before anything else. the session lasts to year-end. article 33 ordinary sessions begin and end, de jure, as scheduled by article 32. the president of the republic, in agreement with the head of government may convene the chamber of deputies to extraordinary sessions by a decree setting their opening, end, and agenda. the president of the republic is required to convene the chamber to extraordinary sessions in response to the request made by the absolute majority of all its members. article 34 the chamber cannot be validly convened unless attended by the majority of the members who constitute it. decisions are taken by the majority of votes. in a tie, the project under discussion is rejected. article 35 the chamber meets publicly. however, it may convene in a closed meeting, if requested by the government or five of its members. it may decide to rediscuss the same topic in a public meeting. article 36 votes are cast verbally, or by rising and sitting, except in the case of election, the opinions are expressed by secret ballot. as for the laws in general, and when the issue of confidence is polled, the opinions are always expressed by roll-call, and audible. article 37 the right to a no confidence proposal is absolute to every representative in ordinary sessions and extraordinary sessions. the proposal cannot be discussed except after five days at least from the date of submitting it to the secretariat of the chamber, and communicating it to the ministers concerned. article 38 no bill which has been rejected by the chamber, may be reintroduced in the same session. article 39 no member of the chamber may be prosecuted because of the opinions and ideas he expresses during the term of his representation. article 40 no chamber member may be prosecuted or arrested, during the session, for committing a crime, unless authorized by the chamber, except in case he is caught in the act. article 41 if a seat becomes vacant in the chamber, a successor must be elected within two months. the new member's mandate does not exceed the replaced old member's mandate term. however, if the seat becomes vacant in less than six months before the expiration of his mandate, no successor may be elected. article 42 the general elections for the renewal of the chamber members are conducted within the sixty days preceding the expiration of the mandate. article 43 the chamber establishes its own internal rules of procedure. article 44 every time a new chamber is elected, it convenes under the presidency of the oldest member, while the youngest two members act as secretaries. the president and vice-president are separately elected, for the term of the chamber, by secret balloting and by the absolute majority of the votes cast. in a third ballot, the result is based upon the proportional majority. in case of equal votes, the oldest is considered elected. in every election's renewal, and at the opening of the october session every year, the chamber elects two secretaries by secret ballot according to the majority prescribed in the first paragraph of this article. the chamber, a single time, has the right, two years after electing its president and vice-president, in its first session, to withdraw the confidence from its president or its vice-president, by a two-thirds majority of all its members based upon a petition signed by at least ten representatives. in this case, the chamber must hold a meeting to fill out the vacant position. article 45 members of the chamber do not have the right to vote, unless they are present in the meeting. voting by proxy is not permitted. article 46 the chamber alone has the right to maintain internal order through its president. article 47 petitions to the chamber must be submitted in writing. they may not be presented verbally or at the bar of the chamber. article 48 the remuneration of the members of the chamber shall be determined by law. chapter four. the executive power first. the president of the republic article 49 the president of the republic is the chief of state, and the symbol of the unity of the homeland. he ensures the respect of the constitution, and the maintenance of lebanon's independence, its unity, and its territorial integrity in accordance with the provisions of the constitution. he chairs the higher defence council. he is the commander in chief of the armed forces which are subject to the authority of the council of ministers. the president of the republic is elected by secret ballot, by a two-thirds majority of the votes cast in the chamber of deputies in the first round. the president's term in office is six years. he may only be reelected after a period of six years has lapsed since the end of his previous term. nobody is eligible for the presidency of the republic if he does not meet the conditions for election to the chamber of deputies or is barred by them from being a candidate. the judges and the civil servants of the first category or the equivalent category in all public administrations, public bodies and other public law corporations are not eligible to be elected during the exercise of their official functions and during the two years following their resignation and the actual termination of their functions or the date of their retirement. article 50 when the president of the republic assumes his office, he has to take the oath of loyalty to the nation and the constitution, before the parliament, according to the following text: "i swear by almighty god to respect the constitution of the lebanese nation and its laws, and to maintain the independence of the lebanese homeland, and its territorial integrity.” article 51 the president of the republic promulgates the laws according to the time limits specified by the constitution, after their approval by the chamber. he asks for their publication, without having the right to amend them or exempt anyone from being subject to their provisions. article 52 the president of the republic assumes the negotiations to sign international treaties and ratify them with the consent of the head of government. they cannot be ratified, except after the approval of the council of ministers. the government brings them to the attention of the chamber of deputies, as soon as the interest and safety of the state permit. treaties involving provisions related to the state finances, trade treaties, and other treaties which cannot be annulled on a yearly basis, cannot be ratified except after the approval of the chamber of deputies. article 53 the president of the republic presides over the council of ministers, whenever he wishes, without participating in the vote. the president of the republic appoints the head of government in charge of consulting with the president of the chamber of deputies with respect to representative mandatory consultations, the results of which are officially reported to him. he promulgates a decree appointing the prime minister separately. he promulgates with the consent of the prime minister, the decree to form the government, and the decrees to accept the resignation of ministers or their dismissal. he promulgates, independently, the decrees to accept the resignation of the government or to consider it resigning. to transmit the bills, submitted to him by the council of ministers, to the chamber of deputies. to receive the ambassadors, and accept their accreditation. he presides over official ceremonies, and grants state badges of honor by decree. he grants special pardon by decree, but the general pardon can only be granted by law. in case of necessity, he addresses messages to the chamber of deputies. he presents any of the urgent matters to the council of ministers, outside the agenda. he calls the council of ministers to extraordinary meetings, as he deems necessary, in agreement with the head of government. article 54 decisions of the president of the republic must be countersigned by the head of government and the minister or ministers concerned, with the exception of the decree nominating the head of government and the decree accepting the resignation of the government or considering it resigned. as for the decree promulgating laws, it is countersigned by the head of government. article 55 in the cases specified in articles 65 and 77 of this constitution, the president of the republic may ask the council of ministers for the dissolution of the chamber of deputies before the expiration of its mandate. accordingly, if the council of ministers decides to dissolve the chamber, the president of the republic issues the dissolution decree. in this case, the electoral bodies convene, according to the provisions of article 25 of the constitution, and the new chamber is convened within fifteen days following the proclamation of the election. the staff of the office of the chamber continues to manage the business until the new chamber is elected. in case the elections are not conducted within the time limit specified in article 25 of the constitution, the dissolution decree is considered null, as if non-existent, and the chamber of deputies continues to exercise its powers according to the constitution. article 56 the president of the republic promulgates the laws, finally approved within a month after transferring them to the government, and asks for their publication. as for the laws which the chamber decides their urgent promulgation, he must promulgate them within five days, and asks for their publication. he promulgates the decrees and asks for their publication. he has the right to ask the council of ministers to reconsider any of the decisions made by the council within fifteen days from the date of depositing it with the president of the republic. if the council of ministers insists upon the decision made, or if the time limit expired without promulgating the decree or returning it, the decision on the decree is considered in force, and must be published. article 57 after informing the council of ministers, the president of the republic has the right to request a reconsideration of the law, once during the time limit for its promulgation. his request may not be refused. when the president uses this right, [he] shall not be required to promulgate the law, until it is approved by the chamber, after another discussion related to it, and passing it by the absolute majority of the total members constituting the chamber legally. in case of the expiration of the time limit without promulgating the law or returning it, it is considered in force legally, and must be published. article 58 every bill the government decides to be urgent, with the approval of the council of ministers, and referring to that in the transmittal decree, the president of the republic — after forty days from its submission to the council, and after including it in a public calendar, and reading it therein, and the expiration of this period without taking any action — can promulgate a decree putting it into force, after the approval of the council of ministers. article 59 the president of the republic may adjourn the chamber for a period not exceeding one month. he may not do that more than twice in the same session. article 60 while performing his functions, the president of the republic cannot be accountable except in his violation of the constitution, or in case of high treason. his liability for ordinary crimes is subject to public laws. he cannot be charged with these crimes, or with violating the constitution and high treason except by the chamber of deputies by a decision issued by a two-thirds majority of all its members, and is tried before the supreme council provided for in article 80. the public prosecution function before the supreme council is assumed by a judge appointed by the supreme court in plenary session. article 61 once the president of the republic is impeached, he is suspended and the presidency stays vacant until the case is decided by the supreme council. article 62 in case the presidency becomes vacant for whatever reason, the functions of the president of the republic are delegated to the council of ministers. article 63 remunerations of the president of the republic are determined by a law, and they cannot be increased or decreased during the term of his office. second. the prime minister article 64 the prime minister is the head of government. he represents it, speaks in its name, and is responsible for executing the public policy made by the council of ministers. he assumes the following powers: he presides over the council of ministers. by law, he is vice president of the supreme council of defense. he conducts the representative consultations for the formation of the government, and countersigns with the president of the republic, the decree of its formation. the government must present its ministerial program to the chamber of deputies for a vote of confidence within thirty days from the date of promulgating the decree of its formation. the government cannot assume its functions before a vote of confidence, nor after its resignation, nor after considering it resigned, except in the narrow sense to manage the business. he presents the public policy of the government to the chamber of deputies. he countersigns all decrees with the president of the republic, except the decree nominating him head of government, or the decree accepting the government's resignation, or considering it resigned. he signs the decree to open an extraordinary session and the decrees promulgating the laws and the request to reconsider them. he convenes the council of ministers, and elaborates its agenda. he notifies the president of the republic, in advance, of the topics included therein, and of the urgent topics to be discussed. he follows upon the achievements of the administrations and public organizations, and coordinates among ministers, and provides guidance to ensure the good performance. he convenes working sessions with the concerned institutions in the state, in the presence of the minister in charge. third. the council of ministers article 65 the executive power is vested in the council of ministers, and is the power to which the armed forces are subjected. of the functions it performs, are: elaborating the public policy for the state in all fields, the bills and organizational decrees, and taking the decisions necessary for their implementation. taking care of the enforcement of laws and orders, overseeing the functions of all the state apparatus, including administrations and civil, military, and security organizations, without exception. appointing state employees, dismissing them, and accepting their resignations, according to the law. dissolving the chamber of deputies by a request from the president of the republic, if the chamber abstains, for other than compelling reasons, from convening during an ordinary session, or during two extraordinary successive sessions, not less than one month each, or in case of rejecting the budget as a whole for the purpose of paralyzing the hand of the government to act. this right cannot be exercised another time for the same reasons which lead to the dissolution of the chamber in the first time. the council of ministers convenes periodically in a special headquarters, and is presided over by the president of the republic whenever he attends its sessions. the legal quorum for its convening is a two-thirds majority of its members. its decisions are taken by consent, but if this is impossible, then by voting, and its decisions are taken by the majority of those present. the basic issues need the consent of two-thirds of the government members, as specified in the decree of its formation. the following are basic issues: amending the constitution, declaring and canceling the state of emergency, war and peace, public mobilization, international accords and treaties, state budget, overall development plans, and long term, appointing employees of the first cadre and its equivalent, reconsidering the redistricting, dissolving the chamber of deputies, elections law, nationality law, personal affairs laws, dismissing the ministers. article 66 only lebanese may assume the ministry, and no one may assume the ministry unless he meets the requirements which qualify him for representation. the ministers assume the management of the state's interests, and they are responsible for implementing the orders and laws, each in the matters of his department and within his jurisdiction. the ministers are collectively liable to the chamber of deputies for the government's public policy, and individually assume the responsibility of their personal actions. article 67 ministers have the right to attend the council if they so desire, and to be heard when they request to talk, and be assisted by whomever they decide from their department. article 68 when the council takes a vote of no confidence against any of the ministers, according to article 37, this minister must resign. article 69 the government is considered resigned under the following circumstances: if its head resigns. if it loses a third of the number of its members, as prescribed in the decree of its formation. if its head dies. when the president of the republic takes office. at the beginning of the term of the chamber of deputies. when there is a vote of no confidence against it, at the initiative of the chamber of deputies, or at its own initiative. a minister is dismissed by a decree signed by the president of the republic and countersigned by the head of government, after the approval of two-thirds of the members of government. when the government resigns or is considered resigned, the chamber of deputies is legally in an extraordinary session, until a new government is formed and acquires a vote of confidence. article 70 the chamber of deputies may charge the prime minister and ministers with high treason, or with the violation of duties assigned to them. a decision to impeach cannot be issued except by a two-thirds majority of all the members of the chamber of deputies. a special law determines the conditions of the legal responsibility of the prime minister and ministers. article 71 the prime minister and the accused minister are tried before the supreme council. article 72 once the decision for impeachment is issued against the prime minister, he is suspended, and if he resigns, his resignation shall not prevent judicial proceedings from being instituted or continued against him. part iii a. election of the president of the republic article 73 one month at least and two months at most, before the expiration of the office term of the president of the republic, the chamber is convened by a summons of its president, to elect the new president of the republic. if the chamber is not summoned for this purpose, it convenes legally on the tenth day preceding the expiration date of the president's term in office. article 74 if the presidency becomes vacant because of the death of the president, or his resignation, or any other reason, the chamber convenes immediately by law to elect the successor, and if the presidency happened to be vacant, while the chamber of deputies is dissolved, the electoral bodies are summoned to convene without delay, and the chamber is legally convened, immediately as soon as the elections have taken place. article 75 the chamber convened to elect the president of the republic, is considered an electoral body, not a legislative body, and must proceed immediately for the election of the head of state without any discussion, or any other matter. b. amendment of the constitution article 76 the constitution may be revised based upon an initiative by the president of the republic, and so, the government introduces a bill to the chamber of deputies. article 77 the constitution, also, may be revised based upon the initiative of the chamber of deputies. in this case, the process is as follows: in the course of an ordinary session, the chamber of deputies has the right, based upon the initiative of at least ten of its members, to introduce a proposal to revise the constitution by a two-thirds majority of all the members legally constituting the chamber. however, the matters and issues included in the proposal must be clearly defined and enumerated. the president of the chamber, then, communicates this proposal to the government, requesting that it drafts a bill for this purpose. if the government approves the proposal of the chamber by a two-thirds majority, it must prepare a draft law, and introduce it to the chamber within four months. if it does not approve, it must return the decision to the chamber for a further study. if the chamber insists on it by a three-fourths majority of all the members constituting the chamber legally, then the president of the republic may either respond to the wish of the chamber, or may ask the council of ministers to dissolve it and conduct new elections within three months. if the new chamber insists upon the necessity of the amendment, then the government must acquiesce and introduce the amendment proposal in the period of four months. c. procedures of the chamber of representatives article 78 if an amendment proposal of the constitution is introduced to the chamber, it must confine to the debate, until it is voted upon before any other action. however, it cannot debate or vote except on matters and issues specifically and clearly determined in the proposal which had been introduced to it. article 79 when an amendment proposal of the constitution is introduced to the chamber, it cannot discuss it or vote upon it, unless a two-thirds majority of the members legally constituting the chamber are present. voting must be in the same majority. the president of the republic must promulgate the law relating to the constitutional amendment in the same manner and conditions required for the promulgation and publication of the ordinary laws. he has the right to ask the chamber to reconsider the proposal another time, during the time limit for the promulgation, and after notifying the council of ministers. voting upon it is, also, by a two-thirds majority. part iv. miscellaneous provisions a. the supreme council article 80 the supreme council, whose mission is to impeach the president and ministers, consists of seven deputies elected by the chamber of deputies, and eight of the highest-rank lebanese judges according to the judicial hierarchy, or according to seniority in case of their equal ranks. they convene under the presidency of the judge with the highest rank. the impeachment decisions are issued by the supreme council by a majority of ten votes. the impeachment proceedings therein are determined by a special law. b. on finance article 81 public taxes are imposed. in the lebanese republic, no tax can be established or levied, except by a comprehensive law whose rules are applied to all the lebanese territory without exception. article 82 no tax may be amended or eliminated except by a law. article 83 every year, at the beginning of the october session, the government introduces to the chamber of deputies, a budget including state expenditures and its revenues for the next year. the budget is voted upon item by item. article 84 during the debate of the budget and proposals of additional and extraordinary appropriations, the chamber may not increase the proposed appropriations in the draft budget, or in the rest of the mentioned proposals, whether in the form of an amendment introduced, or through initiative. however, at the end of the debate, it may decide through initiative, laws creating new expenditures. article 85 an extraordinary appropriation may not be opened, except by a special law. however, if unforeseen circumstances create urgent expenditures, the president of the republic issues a decree, based upon a decision made by the council of ministers, to open extraordinary or additional appropriations, and by transfer of appropriations in the budget, without exceeding the upper limit determined in the budget law. these measures must be submitted to the chamber for approval in its first ensuing session. article 86 if the chamber of deputies does not decide definitely in the matter of the budget proposal before the expiration of the session devoted for its examination, then the president of the republic, with the agreement of the head of government, convenes the chamber immediately to an extraordinary session lasting to the end of january to continue the budget examination. if this extraordinary session is over without definitely deciding on the budget proposal, then the council of ministers may take a decision based upon which the president of the republic issues a decree adapting and putting into force the proposal in the form it was introduced to the chamber. the council of ministers may not use this right, unless the budget proposal was introduced to the chamber at least fifteen days prior to its session. however, during that extraordinary session, taxes, costs, duties, imposts and other revenues are collected as before. the budget of the previous year is used as a basis, adding to it the newly-opened additional permanent appropriations, and excluding from it the eliminated permanent appropriations. the government receives the january expenditures of the new year based upon the provisional twelfth. article 87 the accounts of the final financial administration for every year must be submitted to the chamber for approval, before publishing the budget of the second year which follows that year. a special law will be made to establish the bureau of accounts. article 88 no public debt, nor obligation to spend funds from the budget, may be contracted except according to law. article 89 no obligation nor concession to exploit the natural resources of the country, nor any service of public utility, nor any monopoly may be granted except according to law and for a limited time. part v. provisions relating to the mandatory power and the league of nations articles 90 91 and 92 (these articles were abrogated by the constitutional law promulgated on november 9, 1943.) article 93 (abrogated by the constitutional law promulgated on january 21, 1947.) article 94 (abrogated by the constitutional law promulgated on november 9, 1943.) part vi. concluding and temporary provisions article 95 the chamber of deputies, elected on the basis of half moslems and half christians, must take the appropriate measures to eliminate political sectarianism, according to an interim plan, and the formation of a national council under the presidency of the president of the republic consisting, in addition to the president of the chamber of deputies and the prime minister, political, intellectual and social notables. the mission of the council is to study and suggest the means capable of eliminating the sectarianism, and introducing them to the chamber of deputies and the council of ministers, and to follow up on the interim plan. in the transitory period: the sects are fairly represented in the formation of the cabinet. the rule of sectarian representation is abrogated. jurisdiction and efficiency are adopted in public employment, the judiciary, the military and security establishments, the public and mixed organizations, according to the exigencies of national harmony, with the exception of the jobs of the first rank and the equivalence of the first rank therein. these jobs are equally divided between christians and moslems without specifying any job to a specific sect, taking into consideration the two principles of jurisdiction and efficiency. articles 96 97 98 99 and 100 (abrogated by the constitutional law promulgated on january 21, 1947.) article 101 effective september 1, 1926, the state of grand lebanon is called the lebanese republic, without any further modification or amendment. article 102 all legislative provisions contrary to this constitution are abrogated. preamble whereas in adopting the independence constitution of tuvalu the people of tuvalu provided in the preamble to it as follows:"whereas the islands in the pacific ocean then known as the ellice islands came under the protection of her most gracious majesty queen victoria in september 1892 and on 12 january 1916 in conjunction with the gilbert islands became known as the gilbert and ellice islands colony; "and whereas on 1 october 1975 her most excellent majesty queen elizabeth ii was graciously pleased to establish the ellice islands as a separate colony under their ancient name of tuvalu; "and whereas the people of tuvalu, acknowledging god as the almighty and everlasting lord and giver of all good things, humbly place themselves under his good providence and seek his blessing upon themselves and their lives; "and whereas the people of tuvalu desire to constitute themselves as an independent state based on christian principles, the rule of law, and tuvaluan custom and tradition; "now therefore the people of tuvalu hereby affirm their allegiance to her most excellent majesty queen elizabeth ii, her heirs and successors, and do hereby proclaim the establishment of a free and democratic sovereign nation ......... ;" and whereas the constitution then adopted, which was given the force of law by order in council of her most excellent majesty dated 25 july 1978 and taking effect on 1 october 1978, provided for its amendment or replacement by ordinance of the parliament established by it for tuvalu; and whereas that constitution has served the people of tuvalu well since independence but now, more than seven years since its adoption, it is time that the people of tuvalu reconsidered it in the light of their history and their present and future needs as they see them; now therefore, the people of tuvalu, having considered, as individuals, in their maneapas and island councils, and in their parliament, what should be in their constitution, give to themselves the following constitution: in so doing, the people of tuvalu set out for themselves and for their governmental institutions, the following principles:principles of the constitution the principles set out in the preamble to the independence constitution are re-affirmed and re-adopted. the right of the people of tuvalu, both present and future, to a full, free and happy life, and to moral, spiritual, personal and material welfare, is affirmed as one given to them by god. while believing that tuvalu must take its rightful place amongst the community of nations in search of peace and the general welfare, nevertheless the people of tuvalu recognize and affirm, with gratitude to god, that the stability of tuvaluan society and the happiness and welfare of the people of tuvalu, both present and future, depend very largely on the maintenance of tuvaluan values, culture and tradition, including the vitality and the sense of identity of island communities and attitudes of co-operation, self-help and unity within and amongst those communities. amongst the values that the people of tuvalu seek to maintain are their traditional forms of communities, the strength and support of the family and family discipline. in government, and in social affairs generally, the guiding principles of tuvalu areagreement, courtesy and the search for consensus, in accordance with traditional tuvaluan procedures, rather than alien ideas of confrontation and divisiveness; the need for mutual respect and co-operation between the different kinds of authorities concerned, including the central government, the traditional authorities, local governments and authorities, and the religious authorities. the life and the laws of tuvalu should therefore be based on respect for human dignity, and on the acceptance of tuvaluan values and culture, and on respect for them. nevertheless, the people of tuvalu recognize that in a changing world, and with changing needs, these principles and values, and the manner and form of their expression (especially in legal and administrative matters), will gradually change, and the constitution not only must recognize their fundamental importance to the life of tuvalu but also must not unnecessarily hamper their expression and their development. these principles, under the guidance of god, are solemnly adopted and affirmed as the basis of this constitution, and as the guiding principles to be observed in its interpretation and application at all levels of government and organized life. part i. the state and the constitution division 1. the state 1. the state tuvalu is a sovereign democratic state, governed in accordance with this constitution and in particular in accordance with the principles set out in the preamble. 2. the area of tuvalu subject to subsections (3) and (4), the area of tuvalu consists of the land areas referred to in subsection (2), together withthe territorial sea and the inland waters as declared by law, the land beneath them, and the air space above; and such additional lands and waters as are declared by law to be part of the land area of tuvalu. the land areas referred to in subsection (1) consist of all islands, rocks and reefs within the area bounded bythe parallel 05°s; and the meridian 180°e; and the parallel 11°s ; and the meridian 176°e, together with all small islands, islets, rocks and reefs depending on them. for the purpose of implementing any international agreement binding on tuvalu and approved by parliament by resolution for the purposes of this section, subsection (2) may be amended by act of parliament made in accordance with section 7 (alteration to the constitution generally), without reference to the requirement of a special majority of votes under section 7(3) (which requires bills to alter the constitution to be passed by a two-thirds majority in parliament). nothing in this section prevents a law from proclaiming the jurisdiction of tuvalu, complete or partial, over any area of land or water or airspace above, or prevents a law from having extra-territorial effect in accordance with section 84 (vesting of the law-making power). division 2. the constitution 3. the constitution as supreme law this constitution is the supreme law of tuvalu and, subject to subsection (2), any act (whether legislative, executive or judicial) that is inconsistent with it is, to the extent of the inconsistency, void. all other laws shall be interpreted and applied subject to this constitution, and, as far as is practicable, in such a way as to conform with it. 4. interpretation of the constitution the provisions of schedule 1 (rules for the interpretation of the constitution) apply for the purpose of the interpretation of this constitution. in all cases, this constitution shall be interpreted and applied consistently with the principles set out in the preamble. subject to subsection (2), this constitution shall be interpreted and applied in such a way as to achieve the aims of fair and democratic government, in the light of reason and experience and of tuvaluan values. 5. jurisdiction of the high court in constitutional matters the high court has the jurisdiction in relation to the interpretation, application and enforcement of this constitution conferred bysection 14 (parliamentary declaration of purpose); and division 5 of part ii (enforcement of the bill of rights); section 131 (constitutional interpretation), and otherwise by law. division 3. alteration of the constitution 6. interpretation of division 3 in this division, a reference to this constitution includes a reference to any other law so far as that law alters the constitution. 7. alteration of the constitution generally an act of parliament may alter this constitution. a bill for an act to alter the constitution must state that it is a bill to alter this constitution. subject tosection 2(3) (which relates to alterations to the description of the land areas of tuvalu); and section 8 (alterations to the constitution to give effect to u.k. constitutional arrangements), a bill for an act to alter this constitution is not passed by parliament unless it is supported at its final reading in parliament by the votes of two-thirds of the total membership of parliament. a bill for an act to alter this constitution shall not be excluded from the operation of section 111(2) (which relates to the circulation of bills to local governments and authorities). 8. alteration of the constitution to give effect to u.k. constitutional change if as a result of constitutional change in or in relation to, or affecting, the united kingdom any provision of, or any reference in, this constitution ceases to be appropriate, the head of state, acting in accordance with the advice of the cabinet, may, by order, make such alterations to this constitution as appear to be necessary or convenient to adapt it to the new constitutional arrangements. an order under subsection (1)shall be presented to parliament by the prime minister; and unless previously confirmed, with or without modification, by an act of parliament, expires at the end of the second session of parliament that commences after it is made. the requirement of a special majority of votes under section 7(3) (which requires bills to alter the constitution to be passed by a two-thirds majority in parliament) does not apply in relation to a bill for the purposes of subsection(2)(b). a bill for the purposes of subsection (2)(b) shall not be excluded from the operation of section 111(2) (which relates to the circulation of bills to local governments). part ii. bill of rights division 1. preliminary 9. interpretation of part ii in this part, "court" means a court having jurisdiction in tuvalu, includingthe court of appeal; and the sovereign in council, but, except in sections 17 (personal liberty) and 18 (slavery and forced labour), does not include a court or tribunal established by a disciplinary law. in this part, a reference to the national interest includes a reference to the public interest indefence; or national security; or public safety; or public order; or the protection of the international standing and reputation of tuvalu and its products (including the supply of labour overseas); or the protection and development of tuvaluan values and culture. a reference in this part to consent is a reference to consent whether express or implied. where this part requires or permits the consent of a person under the age of 18 years, the consent may be given on his behalf by one of his parents or guardians. division 2. the principles of the bill of rights 10. freedom under law freedom based on law consists of the least restriction on the activities of individuals consistent with the public welfare and the maintenance and development of tuvalu and tuvaluan society in accordance with this constitution and, in particular, in accordance with the principles set out in the preamble. everyone has the right to freedom based on law, and accordingly, subject to this constitutioneveryone has the legal right to do anything thatdoes not injure others or interfere with the rights and freedoms of others; and is not prohibited by law; and no-one may belegally obliged to do anything that is not required by law; or prevented by law from doing anything that complies with the provisions of paragraph (a). this section is not intended to deny the existence, nature or effect of cultural, social, civic, family or religious obligations, or other obligations of a non-legal nature, or to prevent such obligations being given effect by law if, and so far as, it may be thought appropriate to do so. 11. the fundamental human rights and freedoms every person in tuvalu is entitled, whatever his race, place of origin, political opinions, colour, religious beliefs or lack of religious beliefs, or sex, to the following fundamental rights and freedoms:the right not to be deprived of life (see section 16); and personal liberty (see sections 17 and 18); and security for his person (see sections 18 and 19); and the protection of the law (see section 22); and freedom of belief (see section 23); and freedom of expression (see section 24); and freedom of assembly and association (see section 25); and protection for the privacy of his home and other property (see section21); and protection from unjust deprivation of property (see section 20), and to other rights and freedoms set out in this part or otherwise by law. the rights and freedoms referred to in subsection (1) can, in tuvaluan society, be exercised onlywith respect for the rights and freedoms of others and for the national interest; and in acceptance of tuvaluan values and culture, and with respect for them. the purpose of this part is to protect those rights and freedoms, subject to limitations on them that are designed primarily to give effect to subsection(2). 12. application of part ii each provision of this part applies, as far as may bebetween individuals as well as between governmental bodies and individuals; and to and in relation to corporations and associations (other than governmental bodies) in the same way as it applies to and in relation to individuals, except where, or to the extent that, the context requires otherwise. except in relation to any act that is done under a valid law which accords with traditional standards, values and practices, any act that is done under a valid law but that in the particular caseis harsh or oppressive; or is not reasonable in the circumstances; or is otherwise not reasonably justifiable in a democratic society having a proper respect for human rights and dignity, is an unlawful act. the burden of showing that subsection (2) applies in respect of an act is on the party claiming that it does apply. nothing in this section affects the operation of any other law under which an act may be held to be unlawful. 13. the principles of the preamble the principles set out in the preamble are adopted as part of the basic law of tuvalu, from which human rights and freedoms derive and on which they are based. 14. parliamentary declarations of purpose when the purpose of an act of parliament is specifically declared in the act, then in considering the possible effect on that act of division 3 (protection of the fundamental rights and freedoms) a court shall give due weight to that declaration as a statement of the considered opinion of parliament. if an act of parliament specifically declares that a certain provision is required in the national interest, a court shall, subject to subsection (3), presume that the provision was reasonably required in the national interest. subsection (2) does not apply if the high court is satisfied that the provision could not reasonably be said to have been intended primarily to serve the national interest. 15. reasonably justifiable in a democratic society notwithstanding anything to the contrary in this part, other thansection 33 (hostile disciplined forces); and section 36 (restrictions on certain rights and freedoms during public emergencies), all laws, and all acts done under a law, must be reasonably justifiable in a democratic society that has a proper respect for human rights and dignity. any question whether a law is reasonably justifiable in a democratic society that has a proper respect for human rights and dignity is to be determined in the light of the circumstances existing at the time when the decision on the question is made. subsection (2) does not affect any question whether an act done under a law was reasonably justifiable in a democratic society that has a proper respect for human rights and dignity. a law may be declared not to be reasonably justifiable in a democratic society that has a proper respect for human rights and dignity only by the high court or some other court prescribed for the purpose by or under an act of parliament. in determining whether a law or act is reasonably justifiable in a democratic society that has a proper respect for human rights and dignity, a court may have regard totraditional standards, values and practices, as well as previous laws and judicial decisions, of tuvalu; and law, practices and judicial decisions of other countries that the court reasonably regards as democratic; and international conventions, declarations, recommendations and judicial decisions concerning human rights; and any other matters that the court thinks relevant. notwithstanding subsection (5), any law, or any act done under a valid law, which accords with traditional standards, values and practices shall not contravene subsection (1) above, unless the relevant traditional standard, value or practice would be regarded by an ordinary modern citizen of tuvalu as one which should be eliminated. division 3. protection of the fundamental rights andfreedoms subdivision a. protection generally 16. life subject to the provisions of this part, and in particular tosubsection (2); and section 32 (foreign disciplined forces); and section 33 (hostile disciplined forces), no-one shall be killed intentionally. a person shall not be considered to have been killed in contravention of this section if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably necessaryfor the defence of any person from violence; or for the defence of property; or in order to effect a lawful arrest or to prevent the escape of any person lawfully detained; or for the purpose of suppressing a riot, rebellion or mutiny; or in order to prevent him from committing an offence, or if he dies as the result of a lawful act of war. 17. personal liberty subject to the provisions of this part, and in particular tothe succeeding provisions of this section; and section 31 (disciplined forces of tuvalu); and section 32 (foreign disciplined forces); and section 33 (hostile disciplined forces); and section 36 (restrictions on certain rights and freedoms during public emergencies), no-one shall be detained exceptwith his consent; or as authorized by law in the cases set out in subsection (2). subsection (1) (g) applies in the following casesin the case of a person under the age of 18 years in the reasonable exercise of the authority of a parent, teacher or guardian, or under the order of a court for the purpose of his education, welfare or proper discipline; or under a warrant or order of a court; or for the purposes of extradition; or in order to bring the person before a court to be dealt with in accordance with law; or in the case of detention of a person on reasonable suspicion of his having committed, or being about to commit, an offence; or in the case of reasonable temporary detention of a person for the avoidance of actual or apprehended violence, disorder or breach of the peace; or in the case of reasonable temporary detention of a person so affected by drink or a drug to make detention desirable for his own protection or that of others; or in the case of detention of a person for quarantine or health purposes; or in the case of detention of a person under the laws relating to unlawful immigration or to deportation; or in the case of detention of a person incidental to the arrest or seizure of a vehicle, vessel or aircraft; or in the case of detention of a person as a prisoner of war or, subject to division 4 (public emergencies), as a civil or military internee in time of war; or in the case of detention of a person required by and for the purposes of any international or multi-national convention, treaty or arrangement to which tuvalu is a party and which is approved by parliament, by resolution, for the purposes of this paragraph; or in the case of restrictions on liberty or detention of a person permitted by section 26 (freedom of movement) or division 4 (public emergencies). a person who is detained shall be informed as soon as practicable, and in a language that he understands, of the reason for his detention. a person who is detainedfor the purpose of bringing him before a court; or on reasonable suspicion of having committed, or being about to commit, an offence; or for temporary purposes, in accordance with subsection (2)(f) or (g), and who is not released, shall be brought without undue delay before a court, and unless the court, in accordance with law, orders his continued detention it shall order his release. if a person detained on suspicion of having committed an offence is not tried within a reasonable time, he shall be released either unconditionally or on reasonable conditions (including in particular conditions reasonably necessary to ensure that he appears for trial or for proceedings preliminary to trial). a release under subsection (5) does not prevent further proceedings being brought, in accordance with law, against the released person. 18. slavery and forced labour subject to the provisions of this part, and in particular tothe succeeding provisions of this section; and section 32 (foreign disciplined forces); and section 33 (hostile disciplined forces); and section 36 (restrictions on certain rights and freedoms during public emergencies), no-one shallbe held in slavery or servitude; or be required to perform forced labour. for the purposes of this sectionslavery or servitude includes slavery or servitude within the meaning of any international or multinational convention or treaty prohibiting slavery or servitude to which tuvalu is a party; and forced labour does not includelabour required by or in consequence of the sentence or order of a court; or labour required in accordance with law of a person while he is lawfully detained that is reasonably necessary in the interests of hygiene or for the maintenance of the place where he is detained; or labour required in accordance with law of a member of a disciplined force as a member of that force; or in the case of a person who proves that he has a conscientious objection to compulsory service as a member of a naval, military or air force labour which he is required by law to perform in place of such service; or labour required in accordance with lawduring a period of public emergency within the meaning of division 4 (public emergencies); or in the event of any other emergency or calamity that threatens the life or well-being of the community or a part of the community, to the extent that the requirement is reasonably justified for the purpose of dealing with any situation arising or existing by reason of the public emergency or the other emergency or calamity; or in the case of a person under the age of 18 years labour required in the reasonable exercise of the authority of a parent, teacher or guardian; or labour reasonably required as part of reasonable and normal traditional, communal or civic obligations, including any service required in accordance with section 23(7) (which relates to the performance of certain services instead of other traditional, etc., obligations). 19. inhuman treatment subject to the provisions of this part, and in particular tosection 32 (foreign disciplined forces); and section 33 (hostile disciplined forces), no-one shallbe tortured; or given inhuman or degrading punishment or treatment. 20. property rights in this section"deprivation", in relation to any property, includesthe using or taking away of possession of it, or the exercise of rights over or in respect of it; and its destruction; and the making of it useless or valueless for the purposes for which it was used; and its transfer to another person; "property" includes an interest in property, whether or not the interest was inexistence immediately before the deprivation. subject to the provisions of this part, and in particular tosection 31 (disciplined forces of tuvalu); and section 32 (foreign disciplined forces); and section 33 (hostile disciplined forces), no-one shall be deprived of property exceptwith his consent; or in accordance with the succeeding provisions of this section. the deprivation must be authorized by or under an act of parliament. the deprivation must be for a purpose declared by or under an act of parliament to be a public purpose. there must be a sufficient reason for the causing of any hardship that may result to any person having an interest in or a right over the property (whether the interest or right is present or future, actual or potential). adequate compensation shall be promptly made. a person having an interest in or a right over the property (whether the interest or right is present or future, actual or potential) may apply to the high court, or to any other court having jurisdiction in the matter, for the determination ofhis interest or right; and the legality of the deprivation; and the compensation due under subsection (6), and for the purpose of obtaining prompt settlement of the compensation. for the purposes of subsections (6) and (7), compensation need not be wholly or even partly in money. nothing in or done under a law shall be considered to be inconsistent with this sectionto the extent that the law makes provision for deprivation of propertyin satisfaction of any liability to taxation; or by way of penalty for a breach of the law, or of forfeiture inconsequence of a breach of the law; or as an incident ofa permit, licence or other authority affecting the property; or the creation or acceptance of an interest in or over the property; or in the execution of a judgment or an order of a court in proceedings for the determination of civil rights or obligations; or where it is reasonably necessary to do so because the property, or some other property, is or may be in a dangerous state or injuries to the health of humans, animals or plants; or in consequence of a law relating tothe limitation of actions; or acquisition by prescription or adverse possession, or any similar matter; or for so long only as is necessary for the purposes of any examination, investigation, trial or inquiry; or in the case of land for so long only as is necessary for the carrying out on it ofwork of conservation of natural resources; or work relating to agricultural development or improvement that the owner or occupier of the land has been required, in accordance with law, to carry out and has, without reasonable excuse, failed to carry out; or any survey to determine the existence or extent of mineral (including petroleum) resources; or to the extent that the law makes provision for depriving a person ofenemy property; or property ofa deceased person; or a person of unsound mind; or a person who has not attained the age of 18 years; or a person who is absent from tuvalu, for the purpose of its administration for the benefit of the persons entitled to the benefit of it; or property of a person declared to be insolvent, or of a body corporate in liquidation, for the purposes of its administration for the benefit ofthe creditors of the insolvent or body corporate; and subject to the interests of the creditors the persons entitled to the benefit of it; or property subject to a trustfor the purpose of vesting the property in the trustees of the property; or by order of a court for the purpose of giving effect to the trust; or shares in a body corporate pursuant to any take-over bid, scheme of arrangement or in other similar circumstances. nothing in this section prevents a body corporate established by a law from being deprived, in accordance with law, of any property by a person or governmental body who or which is the only investor in the body corporate. 21. privacy of home and property subject to the provisions of this part, and in particular tosubsection (2); and section 31 (disciplined forces of tuvalu); and section 32 (foreign disciplined forces); and section 33 (hostile disciplined forces); and section 36 (restrictions on certain rights and freedoms during public emergencies), except with his consent no-one shall be subjected tothe search of his person; or the search of his property; or entry by others on his property. nothing in or done under a law shall be considered to be inconsistent with this section to the extent that the law makes provision for search or entry for a purpose declared by or under an act of parliament to be a public purpose for the purposes of this section, orfor the purpose of protecting the rights or freedoms of others; or for the purpose of authorizing an officer or agent ofa governmental body; or a body corporate established by law for a public purpose, to enter on the property of any personin order to inspect the property or anything on it for the purposes of any law providing for taxation; or in order to carry out any work connected with any thing that is lawfully on the property and that belongs to the governmental body or body corporate, as the case may be; or for the purpose of authorizing the entry on any property under an order of a court for the purpose of enforcing a judgment or order of a court; or for the purpose of authorizing the entry on any property for the purpose ofpreventing or detecting the commission of an offence; or administering, policing or enforcing a law (including a revenue law); or as permitted by section 20 (property rights). 22. protection of law this section shall be read subject to the provisions of this part, and in particular tosection 31 (disciplined forces of tuvalu); and section 32 (foreign disciplined forces); and section 33 (hostile disciplined forces). if a person is charged with an offence, unless the charge is withdrawn he shall be given a fair hearing within a reasonable time by an independent and impartial court established by law. a person charged with an offencesubject to subsection (14)(a), shall be presumed to be innocent untilhe is proved guilty; or he has pleaded guilty and the plea has been accepted by the court; and shall be informed as soon as practicable, in detail and in a language that he understands, of the precise nature and particulars of the offence charged, and if the information is not given in writing it shall be confirmed in writing as soon as practicable; and shall be given adequate time and facilities for the preparation of his defence, including time to study and fully understand the precise charge against him, and its possible consequences; and shall be given reasonable facilities to consult, at his own expense, a representative of his own choice; and shall be permitted to defend himself before the court in person or, at his own expense, by a representative of his own choice; and subject to subsection (14)(b), shall be given adequate facilitiesto examine, in person or by his representative, the witnesses called before the court by the prosecution; and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on conditions no less advantageous than those applying to witnesses called by the prosecution; and shall be permitted to have without payment the assistance of a competent interpreter, if he cannot adequately understand the language used at the trial or any part of the trial. except with his consent, the trial shall not take place in his absence unlesshe behaves in such a way as to make it impracticable or unreasonable to continue the proceedings in his presence; and the court orders his removal and the continuance of the trial in his absence. when a person is tried for an offence, the accused person or a person authorized by him for the purpose is entitled, on request and on payment of such reasonable fee (if any) as is prescribed, to be given within a reasonable time after judgment a copy, for the use of the accused person, of any record of the proceedings made by or on behalf of the court. no-one shall be convicted of an offence on account of an act that was not, at the time of the doing of the act, an offence or a legal element of an offence. no penalty shall be imposed for an offence that is more severe in amount or in kind than the maximum that might have been imposed for the offence at the time when it was committed. subject to subsection (14)(c), no-one who shows that he has been tried for an offence by a competent court and was eitherconvicted; or acquitted, shall again be tried forthe same offence; or any other offence of which he could have been convicted at the trial of that offence, except on the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal. no-one shall be tried for an offence if he shows thathe has been pardoned for the offence; and if the pardon was a conditional pardon, he has complied with the conditions of the pardon. no-one who is tried for an offence shall be compelled to give evidence at the trial. a court or other adjudicating authority prescribed by law for the determination of the existence or extent of a civil right or obligation shall beestablished or recognised by law; and independent and impartial, and where proceedings for such a determination are instituted by a person before such a court or authority the case shall be given a fair hearing within a reasonable time. subject to subsection (13), except with the consent of all the parties to the proceedingsall proceedings before a court; and all proceedings before any other adjudicating authority for the determination of the existence or extent of any civil right or obligation, including the announcement of the decision, shall be held in public. subsection (12) does not prevent the court or other authority from excluding from the proceedings persons other than the parties, and the representatives in the proceedings of the parties, to such extent as the court or authorityis by law empowered to do so and thinks it necessary or desirable to do soif publicity would not be in the interests of justice; or in interlocutory proceedings, that is to say, in proceedings of a kind described in subsection (16); or in the interests ofdecency; or public morality; or the welfare of persons under the age of 18 years; or the protection of the privacy of persons concerned in the proceedings; or is by law empowered or required to do so in the interests ofdefence; or public safety; or public order. nothing in or done under a law shall be considered to be inconsistent withsubsection (3)(a) to the extent that the law imposes upon a person charged with an offence the burden of proving or disproving certain facts which are particularly within his knowledge or his capacity to prove or disprove; or subsection (3)(f) to the extent that the law imposes reasonable conditions that must be satisfied if witnesses called on behalf of an accused person are to be paid expenses out of public funds; or subsection (8) subject to subsection (15), to the extent that the law authorizes a court to try a member of a disciplined force even though he has been tried and eitherconvicted; or acquitted, under the disciplinary law of that force. in a case to which subsection 14(c) applies, the court that tries the member shall, in sentencing him to punishment, take into account any punishment given to him under the disciplinary law. in subsection (13)(a)ii), "interlocutory proceedings" refers to any judicial proceedings thatoccur during or for the purposes of some other legal proceedings(referred to in this subsection as "the principal proceedings"); and are incidental to the principal proceedings; and do not finally dispose of the principal proceedings. 23. freedom of belief subject to the provisions of this part, and in particular tothe succeeding provisions of this section; and section 29 (protection of tuvaluan values, etc.); and section 31 (disciplined forces of tuvalu); and section 32 (foreign disciplined forces); and section 33 (hostile disciplined forces); and section 36 (restrictions on certain rights and freedoms during public emergencies), except with his consent no-one shall be hindered in the exercise of his freedom of belief. for the purposes of this section, freedom of belief includesfreedom of thought, religion and belief; and freedom to change religion or belief; and freedom, either alone or with others, to show and to spread, both in public and in private, a religion or belief, in worship, teaching, practice and observance. a religious community is entitled, at its own expenseto establish and maintain places of education; and subject to the maintenance of any minimum prescribed educational standards, to manage any place of education that it wholly maintains; and subject to subsection (4), to provide religious instruction for members of the community in the course of any education that it provides. except with his consent, no-one attending a place of education shall be requiredto receive religious instruction; or to take part in or attend a religious ceremony or observance, if the instruction, ceremony or observance relates to a religion or belief other than his own. no-one shall be compelledto take an oath or make an affirmation that is contrary to his religion or belief, or to take an oath or make an affirmation in any manner that is contrary to his religion or belief. nothing in or done under a law shall be considered to be inconsistent with this section to the extent that the law makes provision which is reasonably requiredin the interests ofdefence; or public safety; or public order; or public morality; or public health; or for the purpose of protecting the rights or freedoms of other persons, including the right to observe and practise any religion or belief without the unsolicited intervention of members of any other religion or belief. nothing in or done under a law shall be considered to be inconsistent with this section to the extent that the law makes reasonable provisionrequiring a person who proves that he has a conscientious objection to performing some reasonable and normal traditional, communal or civic obligation, or to performing it at a particular time or in a particular way, to perform instead, some reasonably equivalent service of benefit to the community; or for the exclusion of such a person and his household from any benefit arising out of the performance of those obligations by others until the equivalent service has been performed. the protection given by this section to freedom of religion or belief applies equally to freedom not to have or hold a particular religion or belief, or any religion or belief. a reference in this section to a religion includes a reference to a religious denomination and to the beliefs of a religion or religious denomination. 24. freedom of expression subject to the provisions of this part, and in particular tosubsection (3); and section 29 (protection of tuvaluan values, etc.); and section 30 (provisions relating to certain officials); and section 31 (disciplined forces of tuvalu); and section 32 (foreign disciplined forces); and section 33 (hostile disciplined forces); and section 36 (restrictions on certain rights and liberties during public emergencies), except with his consent no-one shall be hindered in the exercise of his freedom of expression. for the purposes of this section, freedom of expression includesfreedom to hold opinions without interference; and freedom to receive ideas and information without interference; and freedom to communicate ideas and information without interference; and freedom from interference with correspondence. nothing in or done under a law shall be considered to be inconsistent with subsection (1) to the extent that the law makes provisionin the interests ofdefence; or public safety; or public order; or public morality; or public health; or for the purpose ofprotecting the reputations, rights or freedoms of other persons; or protecting the privacy of persons concerned in legal proceedings; or preventing the disclosure of information received in confidence; or maintaining the authority or independence of the courts; or regulating the administration or the technical operation of posts or telecommunications. 25. freedom of assembly and association subject to the provisions of this part and in particular tosubsection (3); and section 29 (protection of tuvaluan values, etc.); and section 30 (provisions relating to certain officials); and section 31 (disciplined forces of tuvalu); and section 32 (foreign disciplined forces); and section 33 (hostile disciplined forces); and section 36 (restrictions on certain rights and freedoms during public emergencies), except with his consent no-one shall be hindered in the exercise of his freedom of assembly and association. for the purposes of this section, freedom of assembly and association includesthe right to assemble freely and to associate with other persons; and the right to form or belong to political parties; and the right, as regulated by law, to form or belong to trade unions or other associations for the protection or advancement of one's interests. nothing in or done under a law shall be considered to be inconsistent with subsection (1) to the extent that the law makes provisionin the interests ofdefence; or public safety; or public order; or public morality; or public health; or for the purpose of protecting the rights or freedoms of other persons. 26. freedom of movement subject to the provisions of this part, and in particular tothe succeeding provisions of this section; and section 29 (protection of tuvaluan values, etc.); and section 30 (provisions relating to certain officials); and section 31 (disciplined forces of tuvalu); and section 32 (foreign disciplined forces); and section 33 (hostile disciplined forces); and section 36 (restrictions on certain rights and freedoms during public emergencies), no-one shall be deprived ofthe right to move freely throughout tuvalu; or the right to reside anywhere in tuvalu; or the right to enter and to leave tuvalu, and no-one shall be expelled from tuvalu. no restriction on the rights of a person under subsection (1) that is involved in his lawful detention shall be considered to be inconsistent with that subsection. nothing in or done under a law shall be considered to be inconsistent with subsection (1) to the extent that the law makes provisionin respect ofthe entry into tuvalu of a person who is not a citizen of tuvalu; or the movement within tuvalu of a person referred to in subparagraph (i); or the residence in tuvalu of a person referred to in subparagraph (i); or the exclusion or expulsion from tuvalu of a person referred to in subparagraph (i); or for the imposition of restrictions onthe movement within tuvalu, or the residence in tuvalu, of any person; or the right of any person to leave tuvalu, that are reasonably required in the interests of defence; or public safety; or public order; or for the imposition of restrictions onthe movement within, tuvalu or the residence in tuvalu; or the right to leave tuvalu, of persons generally or of any class of persons, being restrictions that are reasonably required in the interests ofdefence; or public safety; or public order; or public morality; or public health; or conservation of the environment; or imposing restrictions onthe movement within tuvalu; or the residence in any part of tuvalu, of any class of person where such restrictions are reasonably required to meet the special circumstances of a part of tuvalu, for exampleovercrowding or potential overcrowding; or a shortage or potential shortage of resources; or the disruption or potential disruption of the local economy, ecology or distinctive culture; or for the imposition of restrictions on the use of any land in tuvalu; or for the imposition of restrictions on the right of any person to leave, or move within, tuvalu, in order to secure the fulfilment of any obligation imposed on him by law; or for the imposition of restrictions on the movement within tuvalu, or the residence in tuvalu, of a person in circumstances that would justify depriving him of his liberty under section 17 (personal liberty). if a person whose rights under subsection (1) have been restricted by virtue only of a law to which subsection (3)(b) applies so requests at any timeduring the period of restriction; and not earlier than six months after he last made such a request during that period, his case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person whois qualified to practise before the high court; and is appointed by the chief justice for the purpose. on a review under subsection (4) the tribunal may make to the appropriate authority recommendations concerning the necessity or desirability of continuing the restriction, but unless it is otherwise provided by law that authority is not obliged to act in accordance with any such recommendation. 27. freedom from discrimination in this section, discrimination refers to the treatment of different people indifferent ways wholly or mainly because of their differentraces; or places of origin; or political opinions; or colours; or religious beliefs or lack of religious beliefs, in such a way that one such person is for some such reason given more favourable treatment or less favourable treatment than another such person. subject to the provisions of this part, and in particular tothe succeeding provisions of this section; and section 29 (protection of tuvaluan values, etc.); and section 31 (disciplined forces of tuvalu); and section 32 (foreign disciplined forces); and section 33 (hostile disciplined forces); and section 36 (restrictions on certain rights and freedoms during public emergencies), no-one shall be treated in a discriminatory manner. subsection (2) does not apply to a law so far as it makes provisionfor the imposition of taxation by the government or a local government or authority; or the spending of money by the government or a local government or authority; or with respect to persons who are not citizens of tuvalu; or(d) in respect ofadoption; or marriage; or divorce; or burial; or any other such matter, in accordance with the personal law, beliefs or customs of any person or group; or in relation to land; or by which any person or group may be given favourable treatment or unfavourable treatment which, having regard to the nature of the treatment and to any special circumstances of the person or group, is reasonably justifiable in a democratic society having a proper respect for human rights and dignity. nothing in a law shall be considered to be inconsistent with subsection (2) to the extent that it makes provision forstandards or qualifications (not specifically related to any matter referred to in subsection (1)(a)-(e)) for appointment to any office or position ina state service; or a disciplined force; or the service of a local government or authority; or a body corporate established by law for a public purpose, or the service of such a body; or localization within the meaning of section 142 (localization). subsection (2) does not affect the exercise of any discretion relating to the institution, conduct or discontinuance in a court of any proceedings that is vested in any person or authority by or under this constitution or any other law. nothing in or done under a law shall be considered to be inconsistent with subsection (2) to the extent that the law provides that any person may be subjected to any restriction on the rights and freedoms guaranteed bysection 21 (privacy of home and property); and section 23 (freedom of belief); and section 24 (freedom of expression); and section 25 (freedom of assembly and association); and section 26 (freedom of movement); and section 28 (other rights and freedoms), to the extent authorized by that section. subject to section 12(2) (which relates to harsh, oppressive or otherwise unlawful acts) and 15 (definition of "reasonably justifiable in a democratic society") and to any other law, no act thatis in accordance with tuvaluan custom; and is reasonable in the circumstances, shall be considered to be inconsistent with subsection (2). nothing in or done under a law shall be considered to be inconsistent with subsection (2)if the law was in force in tuvalu immediately before the date on which this constitution took effect; or to the extent that the law repeals and re-enacts any provision that has been contained in a law in force in tuvalu at all times since that date. 28. other rights and freedoms the fact that certain rights and freedoms are referred to in this constitution does not mean that there may not be other rights and freedoms retained by the people or conferred by law. subdivision b special exceptions 29. protection of tuvaluan values, etc the preamble acknowledges that tuvalu is an independent state based on christian principles, the rule of law, tuvaluan values, culture and tradition, and respect for human dignity. this includes recognition ofthe right to worship, or not to worship, in whatever way the conscience of the individual tells him; and the right to hold, to receive and to communicate opinions, ideas and information. within tuvalu, the freedoms of the individual can only be exercised having regard to the rights or feelings of other people, and to the effect on society. it may therefore be necessary in certain circumstances to regulate or place some restrictions on the exercise of those rights, if their exercisemay be divisive, unsettling or offensive to the people; or may directly threaten tuvaluan values or culture. subject to section 15 (definition of "reasonably justifiable in a democratic society") nothing contained in a law or done under a law shall be considered to be inconsistent with section 23 (freedom of belief); or section 24 (freedom of expression); or section 25 (freedom of assembly and association); or section 26 (freedom of movement); or section 27 (freedom from discrimination) to the extent the law makes provision regulating or placing restrictions on any exercise of the rightto spread beliefs; or to communicate opinions, ideas and information; if the exercise of that right may otherwise conflict with subsection (4). 30. provisions relating to certain officials subject to section 15 (definition of "reasonably justifiable in a democratic society") nothing insection 24 (freedom of expression); or section 25 (freedom of assembly and association); or section 26 (freedom of movement), prevents the inclusion in the terms and conditions of employment of any member of a state service of reasonable requirements, related to his office or position in that service, as tohis communications or associations with other persons; or his movements or residence. the terms and conditions of employment referred to in subsection (1) includeall terms and conditions that are applicable to or in relation to a member of a state service while he is a member of the service; and all terms and conditions related to membership of the service that are applicable to or in relation to a former member of a state service; and all terms and conditions of a kind referred to in paragraph (a) or (b) that are applicable to or in relation to him because of his consent. subsection (1) and (2) apply whether a term or condition of employment is contained ina contract or agreement of employment (whether written or oral); or an act of parliament, or any regulation or other subsidiary legislation made under an act; or general administrative orders or any similar instruction or instrument, that is applicable to or in relation to him. 31. disciplined forces of tuvalu subject to section 15 (definition of "reasonably justifiable in a democratic society"), in relation to a person who is a member of a disciplined force of tuvalu nothing contained in or done under the disciplinary law of that force shall be considered to be inconsistent with any provision of subdivision a of this division, other thansection 16 (life); or section 18 (slavery and forced labour); or section 19 (inhuman treatment). 32. foreign disciplined forces in relation to a person whois a member of a disciplined force of a foreign country or is, as recognized by or under an act of parliament, a person otherwise subject to the disciplinary law of such a force; and is present in tuvalu under arrangements made between the government of tuvalu and the government of another country or an international organization, nothing contained in the disciplinary law of that force shall be considered to be inconsistent with any provision of this part. 33. hostile disciplined forces nothing done in relation to a person who is a member of a disciplined force of a country with which tuvalu is at war, and no law, to the extent that it authorizes the doing of any such thing shall be considered to be inconsistent with any provision of this part. division 4. public emergencies 34. interpretation of division 4 in this division"period of public emergency" means a period throughout which"period of public emergency" means a period throughout whichtuvalu is at war; or there is in effect a proclamation under section 35 (declaration of public emergency). 35. declaration of public emergency the head of state, acting in accordance with the advice of the prime minister, may by proclamation declare that a state of public emergency exists in tuvalu, or in a part of tuvalu specified in the proclamation. unless earlier revoked, a proclamation under subsection (1) lapses at the expiration ofthree days; or if it was made when parliament is not meeting 14 days, after the date on which it is made, unless it is approved in the meantime by parliament by resolution. an approval under subsection (2) remains in force for such period, not exceeding six months, as is specified in the resolution granting the approval, and may be extended by further resolution from time to time for such period or periods, each not exceeding six months, as is or are specified in any such further resolution or resolutions. 36. restrictions on certain rights and freedoms during public emergencies nothing in or done under a law shall be considered to be inconsistent withsection 16 (life); or section 17 (personal liberty); or section 21 (privacy of home and property); or section 23 (freedom of belief); or section 24 (freedom of expression); or section 25 (freedom of assembly and association); or section 26 (freedom of movement); or section 27 (freedom from discrimination), to the extent that the lawmakes any provision, in relation to a period of public emergency; or authorizes the doing, during any such period, of any thing that is reasonably justifiable for the purpose of dealing with any situation that arises or exists during that period. 37. detention during public emergencies if a person is detained by virtue of a law authorized only by section 36 (restrictions on certain rights and freedoms during public emergencies)he shall, as soon as practicable and in any case not more than 10 days after the beginning of his detention, be furnished with a written statement, in a language that he understands, stating in detail the grounds on which he is detained; and not more than 14 days after the beginning of his detention a notice shall be publishedin the manner prescribed for the publication of subordinate legislation; and in such other manner (if any) as is directed by the chief justice; and not more than one month after the beginning of his detention, and afterwards at intervals of not more than six months, his case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person whois qualified to practise before the high court; and is appointed by the chief justice for the purpose; and he shall be given reasonable facilities to consult, at his own expense, a representative of his own choice, who shall be permitted to advise and assist him and to make representations to the tribunal; and at the hearing of the case he shall be permitted to appear in person or, at his own expense, by a representative of his own choice. on a review under subsection (1)(c), the tribunal may make recommendations to the authority that detained him concerning the necessity or desirability of continuing the detention, but unless it is otherwise provided by law that authority is not obliged to act in accordance with any such recommendation. a failure to comply with subsection (1)(b) does not invalidate the detention. division 5. enforcement of the bill of rights 38. application for enforcement of the bill of rights in accordance with any rules of court made for the purposes of this division, if any person claims that any of the provisions of this parthas been; or is being; or is likely to be, contravened or not complied with in relation to him, he may apply to the high court under this division. in the case of a person who is being detained, an application under subsection (1) may be madeby the person himself, or by any other person on his behalf. nothing in subsection (1) or (2) prevents any other action that may be taken under any other law in respect of the contravention. 39. questions as to the bill of rights arising in subordinate courts if in any proceedings in a subordinate court a question arises as to a contravention of any of the provisions of this part, the court may, and shall if a party to the proceedings so requests, refer the question to the high court unless, in the opinion of the court, the question raised is frivolous or vexatious. 40. jurisdiction of the high court as to the bill of rights the high court has original jurisdictionto determine any application made under section 38 (application for enforcement of the bill of rights); and to determine any question referred to it under section 39 (questions as to the bill of rights arising in subordinate courts), and may make any orders, issue any writs and give any directions that it thinks appropriate for enforcing or securing the enforcement of this part. the high court may refuse to exercise its powers under subsection (1) if it is satisfied that adequate means of redress for the alleged contravention are or have been reasonably available to the person concerned under any other law. 41. appeals as to the bill of rights subject to subsection (2), an appeal may be made, in accordance with part vii (the courts), against any determination of the high court under this division. there is no appeal against a determination dismissing an application on the ground that it is frivolous or vexatious. 42. additional powers of the high court as to the bill of rights an act of parliament may confer on the high court powers, additional to those conferred by the preceding provisions of this division, for the purpose of enabling the court to exercise more effectively the jurisdiction conferred on it by this division. part iii. citizenship 43. interpretation of part iii for the purposes of this part, a person born on boarda registered vessel or aircraft; or an unregistered vessel or aircraft of the government of any country, in the place where the vessel or aircraft was registered; or in that country, shall be considered to have been bornas the case may be. for the purposes of this part, a foundling discovered at any time in tuvalu shall, in the absence of proof to the contrary, be considered to have been born in tuvalu. 44. initial citizenship under the constitution every person who, immediately before the date on which this constitution took effect, was a citizen of tuvalu by virtue ofchapter iii (citizenship) of the independence constitution; or the citizenship ordinance 1979, is as at that date a citizen of tuvalu for the purposes of this constitution. 45. citizenship by birth subject to subsections (3) and (4), a person born in tuvalu on or after the date on which this constitution took effect is a citizen of tuvalu by birth. a person born outside tuvalu on or after the date on which this constitution took effect is a citizen of tuvalu by birth if on the date of his birth either of his parents is, or would but for his death have been, a citizen of tuvalu. subject to subsection (5), a person does not become a citizen of tuvalu by virtue of subsection (1) if at the time of his birthneither of his parents was a citizen of tuvalu; and his father had the privileges and immunities of an envoy to tuvalu from a country with which tuvalu had diplomatic relations. subject to subsection (5), a person does not become a citizen of tuvalu by virtue of subsection (1) if at the time of his birthhis father was a citizen of a country with which tuvalu was at war; and the birth occurred in a place in tuvalu occupied by that country. in the case of a person who was born out of wedlock, a reference in subsection (3) or (4) to his father shall be read as a reference to his mother. 46. citizenship by marriage under the constitution subject to subsection (2), a person who, on or after the date on which this constitution took effect, marries a person who is or becomes a citizen of tuvalu is entitled, on making application in such manner as is prescribed by law, to be registered as a citizen of tuvalu. the right conferred by subsection (1) may be made subject to such exceptions and qualifications as are declared by law to be in the interests of national security or public policy. 47. laws as to citizenship an act of parliament may make provisionfor the acquisition of citizenship of tuvalu by persons who are not otherwise eligible to become citizens of tuvalu by virtue of this part; or for the renunciation by any person of his citizenship of tuvalu; or for the maintenance of a register of citizens of tuvalu who are also citizens or nationals of another country; or subject to subsection (2), for depriving any person of his citizenship of tuvalu, and generally for carrying into effect the purposes of this part. subsection (1)(d) does not apply to a person whobecame a citizen automatically on independence day, by virtue of section 19 (persons who became citizens on independence day) of the independence constitution; or became a citizen by birth undersection 22 (persons born in tuvalu after the day prior to independence day) of the independence constitution; or section 23 (persons born outside tuvalu after the day prior to independence day) of the independence constitution; or section 45 (citizenship by birth) of this constitution. part iv. the sovereign and the governor-general division 1. the sovereign 48. the sovereign of tuvalu her majesty queen elizabeth ii, by the grace of god queen of the united kingdom of great britain and northern ireland and of her other realms and possessions, head of the commonwealth, defender of the faith, having at the request of the people of tuvalu graciously consented, is the sovereign of tuvalu and, in accordance with this constitution, the head of state. the royal style and titles are as determined by act of parliament. 49. succession to the crown the provisions of this constitution referring to the sovereign extend, in accordance with section 13 (references to the sovereign of tuvalu) of schedule 1, to the heirs and successors of the sovereign according to law. division 2. functions of the head of state 50. the office of head of state in addition to the other functions of the office, the office of head of state is a symbol of the unity and identity of tuvalu, and the head of state is entitled to proper respect accordingly. 51. functions, etc., of the head of state generally the only privileges and functions of the head of state are those prescribed as such. subject to this constitution and to any act of parliament, the privileges and functions of the sovereign as head of state may be had and performed through a governor-general appointed in accordance with division 3 (the governor-general) and, except where the context requires otherwise, references in any law to the head of state shall be read as including a reference to the governor-general. 52. performance of functions by the head of state subject to section 17 (impracticability of obtaining advice, etc.) of schedule 1, in the performance of his functions under this constitution or any other law the head of state shall act only in accordance with the advice ofthe cabinet; or the prime minister or another minister acting under the general or special authority of the cabinet, except where he is required to actin accordance with the advice of any other person or authority (in which case he shall act only in accordance with that advice); or after consultation with any person or authority, including the cabinet (in which case he shall act only after such consultation); or in his own deliberate judgment (in which case he shall exercise an independent discretion), or where this constitution obliges or specifically permits him to act in a particular way. when the head of state is required or permitted by this constitution or any other law to act in accordance with the advice of, or after consultation with, any person or authority, no questionwhether he received the advice; or whether he has the consultation and the nature of the consultation; or what advice (if any) he was given; or by whom he was advised or whom he consulted, shall be considered in any court. 53. failure by the head of state to act subject to subsection (2), ifthe head of state is required by this constitution or by or under an act of parliament to perform any function in accordance with the advice of any person or authority; and he does not so act within a period of seven days after the advice is received by him, or by a person authorized by him to receive such advice, he shall be considered to have acted in accordance with the advice. if the person or authority giving the advicecertifies to the head of state that the matter is urgent; and requests him to act in accordance with the advice within a specified period of less than seven days, the reference in subsection (1) to a period of seven days shall be read as a reference to that specified period. if the head of state is required by this constitution or by or under an act of parliament to perform any function otherwise thanin accordance with the advice of any person or authority; or in his own deliberate judgment, and if at any time after the occasion for the performance of the function has arisen he has not so acted he shall be considered to have acted as required. an act of parliament may make provision as to the proof of matters referred to in this section, and of acts considered to have been done by virtue of this section. division 3. the governor-general 54. establishment of office of governor-general an office of governor-general of tuvalu is established. the governor-general is the representative of the sovereign. 55. appointment, etc., of the governor-general the governor-general shall be appointed, and may be removed from office at any time (with or without cause), by the sovereign, acting in accordance with the advice of the prime minister given after the prime minister has, in confidence, consulted the members of parliament. a person is not qualified to be appointed governor-general unlesshe has attained the age of 50 years; and he has not attained the age of 65 years; and he is otherwise qualified to be elected as a member of parliament. the governor-general vacates his officeon death; or if he is removed from office under subsection (1); or when he attains the age of 65 years; or subject to subsection (4), if he resigns by notice in writing to the speaker; or if he ceases to be otherwise qualified to be elected as a member of parliament; or at the end of the period of four years after the date of his appointment. a resignation under subsection (3)(d) takes effect on the day on which it is received by the speaker, or on such later date as is agreed between the governor-general and the prime minister. 56. acting governor-general wherethe office of governor-general is vacant; or the governor-general isabsent from tuvalu; or for any other reason unable to perform any of the functions of his office, the functions of the governor-general or the relevant parts of those functions shall be performed bya person appointed in accordance with subsection (2); or in the absence of a person appointed in accordance with subsection (2) who is able to perform those functions the speaker. for the purposes of subsection (1)(c), an appointment shall be made in the same way as the appointment of a governor-general under section 55 (appointment, etc., of governor-general,) and the provisions of that section, with the necessary modifications, apply, provided that any oath or affirmation required under section 57 (oaths and affirmation by the governor-general, etc) may be taken or made before the governor-general. no question whether the need for the performance of any function of the governor-general by another person (including the speaker) in accordance with subsection (1) has arisen, or has ceased, shall be considered in any court. 57. oaths and affirmation by the governor-general, etc before entering on the duties of his office the governor-general shall take an oath, or make an affirmation, of allegiance, and take the relevant oath, or make the relevant affirmation, of office, in the forms respectively set out in schedule 4, and before performing under section 56(1) (acting governor-general) any of the functions of the governor-general the person referred to in section 56(1)(c) (which relates to the appointment of an acting governor-general) or the speaker, as the case may be, shall do the same. the oaths and affirmations shall be taken or made before the chief justice or a person appointed by the chief justice for the purpose. 58. performance of functions by the governor-general subject to any act of parliament, the governor-general shall perform the functions of the head of state when the sovereign isoutside tuvalu; or incapacitated; or under age. no question whether the conditions prescribed by or under subsection (1) apply shall be considered in any court. no question whether in performing a function as head of state the governor-general is acting in accordance with the will, opinion or decision of the sovereign shall be considered in any court, andexcept to the extent implied by sections 55 (appointment, etc., of governor-general) and 56 (acting governor-general) the sovereign has no power to give directions to the governor-general; and there is no right of appeal or petition to the sovereign from or against the performance of a function by the governor-general. 59. provision to the governor-general of information as to the conduct of government the governor-general, as the representative of the sovereign, is entitledto be informed by the prime minister concerning the general conduct of the government of tuvalu; and to be given by the prime minister any information that he asks for with respect to any particular matter relating to the government of tuvalu. 60. performance of certain ceremonial, etc., functions with the approval of the prime minister, the governor-general may authorize a person to perform, on his behalf and in his name, any of the ceremonial or formal functions of the head of state or of the governor-general. subsection (1) does not apply toany function conferred by this constitution on the head of state or on the governor-general; or except as provided for by an act of parliament, any function conferred by or under any act of parliament on the head of state or the governor-general; or any other function certified by the prime minister to have a legal or practical effect, or to be more than only ceremonial or formal. part v. the executive division 1. the executive authority of tuvalu 61. vesting of the executive authority the executive authority of tuvalu is primarily vested in the sovereign, and in the governor-general as the representative of the sovereign. the executive authority so vested in the sovereign shall be exercised in accordance with section 52 (performance of functions by the head of state). nothing in this section prevents a law from conferring functions on any other person or authority. 62. offices of ministers an office of prime minister is established. subject to subsection (3), there shall be such number of other offices of minister, and they shall have such titles, as are determined by the head of state, acting in accordance with the advice of the prime minister. the number of offices of minister (other than the office of prime minister) shall not exceed one half of the total membership of parliament. one of the ministers other than the prime minister may be appointed to the office of deputy prime minister by the head of state, acting in accordance with the advice of the prime minister. subject to section 71 (caretaker governments) and to subsection (6), all ministers (including the prime minister) must be members of parliament. if it is necessary to appoint a minister (other than a prime minister) at anytimeafter parliament is dissolved under section 118 (dissolution of parliament); and before the beginning of the first meeting of parliament after the following general election, a person who was a member of parliament immediately before the dissolution may be appointed. subject to sections 68 (acting prime minister) and 76 (proceedings in cabinet), all ministers other than the prime minister rank equally. 63. the prime minister the prime minister shall be elected by the members of parliament in accordance with schedule 2 (election and appointment of prime minister). the office of the prime minister becomes vacanton death; or when a new election to the office of prime minister is completed; or if he ceases to be a member of parliament for any reason other than the dissolution of parliament; or if he resigns his office by notice in writing to the head of state; or if he is removed from office under section 64 (removal from office of an incapacitated prime minister); or if a motion of no confidence in the government receives in parliament the votes of a majority of the total membership of parliament. subject to section 71 (caretaker governments), a resignation under subsection(2)(d) takes effect upon its receipt by the head of state. 64. removal from office of an incapacitated prime minister if in the opinion of the head of state, acting in his own deliberate judgment after consultation, in confidence, with the other ministersthe prime minister is unable to perform properly the functions of his office because of infirmity of body or mind; and it is desirable in the interests of the good government of tuvalu that the question of removing him from office should be investigated, the head of state, acting in accordance with the advice of a professional medical body outside tuvalu approved by an act of parliament for the purpose, shall appoint two or more medical practitioners who are legally qualified to practise medicine in tuvalu or elsewhere to investigate the question of the capacity of the prime minister. the persons appointed under subsection (1) shall investigate the question and make a joint professional report to the head of state personally. if after considering the report the head of state, acting in his own deliberate judgment, is satisfied that it is in the interests of the good government of tuvalu to do so, he may, acting in his own deliberate judgment, by written notice tothe prime minister; and the speaker; and the cabinet, remove the prime minister from office. 65. suspension of prime minister if the question of the capacity of the prime minister has been referred to a tribunal under section 64 (removal from office of an incapacitated prime minister), the head of state, acting in his own deliberate judgment, may suspend the prime minister from office. a suspension under subsection (1)may be lifted at any time by the head of state, acting in his own deliberate judgment; and ceases to have effect if the tribunal reports to the head of state that the prime minister is able to perform properly the functions of his office. a suspension under this section takes effect without loss of remuneration or other entitlements. 66. effect of removal or suspension of prime minister his removal under section 64 (removal from office of an incapacitated prime minister), or his suspension under section 65 (suspension of prime minister), does not affect the position of the prime minister as a member of parliament. 67. the other ministers the ministers other than the prime minister shall be appointed by the head of state, acting in accordance with the advice of the prime minister. the office of a minister other than the prime minister becomes vacanton death; or when a new election to the office of prime minister is completed; or if the minister ceases to be a member of parliament for any reason other than the dissolution of parliament; or subject to subsection (3), if the minister resigns his office by notice in writing to the head of state; or if the minister is removed from office by the head of state, acting in accordance with the advice of the prime minister; or in the circumstances set out in section 63(2)(f) (which relates to votes of no confidence in government). a resignation under subsection (2)(d) takes effect on the date on which it is received by the head of state. 68. acting prime minister this section applies when the prime minister isabsent from tuvalu; or for any other reason unable to perform the functions of his office. subject to subsection (3), in a case to which subsection (1) applies until the prime minister returns to tuvalu or is again able to perform the functions of his office the deputy prime minister, (if any) shall perform those functions. ifthere is no office of deputy prime minister; or there is a vacancy in the office of deputy prime minister; or the deputy prime minister is absent from tuvalu; or the deputy prime minister is for any other reason unable to perform the functions of the prime minister, a minister appointed by the head of state, acting in accordance with the advice of the prime minister, shall perform the functions of the prime minister. 69. acting ministers whensubject to section 71 (caretaker governments), the office of a minister other than the prime minister is vacant; or a minister other than the prime minister isabsent from tuvalu; or for any other reason unable to perform the functions of his office, the head of state, acting in accordance with the advice of the prime minister, may appoint another member of parliament to perform temporarily the functions of the minister. the provisions of section 62(6) (which relates to the appointment of former members of parliament as ministers) apply to an appointment under this section in the same way as they apply to other appointments. 70. conditions of acting appointments to ministerial offices no question whether the need forthe performance of any function of the prime minister by another minister in accordance with section 68 (acting prime minister); or the appointment of a person to perform temporarily the functions of a minister in accordance with section 69 (acting ministers), has arisen, or has ceased, shall be considered in any court. 71. caretaker governments notwithstanding anything in this part other than this section, in the event of a vacancy in the office of prime minister the cabinet in office immediately before the occurrence of the vacancy continues in office as a caretaker government until a new election of a prime minister is completed. if the prime ministerdies; or ceases to be a member of parliament for any reason other than the dissolution of parliament; or is removed from office under section 64 (removal from office of an incapacitated prime minister), then subsections (4)-(7) apply. if the prime minister resigns under section 63(2)(d) (which relates to the resignation of the prime minister) and indicates in his notice of resignation that he wishes it to become effective immediately, then subsections (4)-(7) apply. subject to subsection (5), in a case to which subsection (2) or (3) applies the deputy prime minister shall perform the functions of the prime minister. ifthere is no office of deputy prime minister; or subject to section 69 (acting ministers), there is a vacancy in the office of deputy prime minister; or the deputy prime minister is absent from tuvalu; or the deputy prime minister is for any other reason unable to perform the functions of the prime minister, a minister appointed by the head of state, acting in his own deliberate judgment after consultation, in confidence, with the other ministers, shall perform the functions of the prime minister. the provisions of section 62(6) (which relates to the appointment of former members of parliament to be ministers) apply in respect of a caretaker government holding office under this section. a caretaker government goes out of office when a new election to the office of prime minister is completed. 72. oaths and affirmations by ministers before entering upon the duties of his office, the prime minister and any other minister shall take an oath, or make an affirmation, of allegiance, and take an oath, or make an affirmation, of office, in the forms respectively set out in schedule 4 (oaths and affirmations). division 3. the cabinet 73. establishment of the cabinet a cabinet is established for tuvalu. the cabinet consists of the prime minister and all the other ministers. 74. functions of the cabinet the cabinet is collectively responsible to parliament for the performance of the executive functions of the government. 75. assignment of responsibilities to ministers the head of state, acting in accordance with the advice of the prime minister mayassign to the prime minister or to any other minister responsibility for the conduct of any business of the government (including responsibility for the administration of any ministry or office of government); and from time to time re-assign any such responsibility either on a substantive basis or on an acting basis. except as provided by or under an act of parliamentall ministries, offices and functions of government shall be the responsibility of the prime minister or another minister; and the prime minister is responsible for any function of government that is not specifically assigned under this section. 76. proceedings in cabinet meetings of the cabinet shall be summoned by the prime minister or minister appointed to act as prime minister. the prime minister shall, as far as practicable, attend and preside at all meetings of the cabinet, and in his absenceif there is an office of deputy prime minister and the deputy prime minister is present the deputy prime minister shall preside; and in any other case a minister chosen by the ministers present shall preside. subject to this subsection, the quorum for a meeting of the cabinet is a majority of the total membership, but if the members of the cabinet present at a meeting certify to the head of state thatit is not practicable for a full quorum to be present; and a matter requiring decision is too urgent to wait for the availability of a full quorum, the number of members actually present is a quorum for that meeting. subject to the requirement of a quorum in accordance with subsection (3)the cabinet may conduct any business even if there is a vacancy in its membership; and proceedings in cabinet are valid even if a person who was not entitled to do so took part in those proceedings. subject to any directions of the cabinet, the prime minister or minister appointed to act as prime minister shall decide what business is to be considered at a meeting of the cabinet. 77. validity of executive acts the succeeding provisions of this section are subject to any act of parliament. except as authorized by the cabinet, or as otherwise required or permitted by an act of parliament, the business and proceedings of the cabinet shall be kept secret. no question whether any procedures prescribed for the cabinet have been, or are being, complied with shall be considered in any court. subject to subsection (5), no act of the prime minister or of any other minister is open to any challenge on the ground that he was not authorized to perform it if any minister (whether or not specifically named) was so authorized to do so. subsection (4) does not apply in relation to a function that is specifically conferred on the prime minister. division 4. officers associated with the cabinet 78. the secretary to government an office of secretary to government is established as an office in the public service. the secretary to government shall be appointed in accordance with section 159(3)(a) (which relates to the appointment of the secretary to government). unless he has been excused by or under the authority of the prime minister, the secretary to government shall attend all meetings of the cabinet. the secretary to government is responsible, in accordance with such instructions as are given to him by the cabinet, for co-ordinating the work of all ministries and offices of government, and has such other functions as are prescribed or as are directed by the cabinet or the prime minister. on receipt of a written notice of resignation from the secretary to government, the prime minister shall advise the public service commission and submit the resignation to the head of state for approval, which, subject to any other law, shall take effect on the date specified. 79. the attorney-general an office of attorney-general for tuvalu is established as an office in the public service. the attorney-general shall be appointed in accordance with section 159(4)(a) (which relates to the appointment of the attorney-general). the attorney-general is the principal legal adviser to the government, and has such other functions as are prescribed. a person is not qualified to hold or to act in the office of attorney-general unless he is entitled to practise before the high court. unless he is excused by or under the authority of parliament, the attorney-generalshall attend all meetings of parliament; and may take part, in accordance with the rules of procedure of parliament, in the proceedings of parliament and committees of parliament (but without a vote). unless he is excused by or under the authority of the prime minister, the attorney-general shall attend all meetings of the cabinet. subject to the succeeding provisions of this section, in any case where he considers it desirable to do so the attorney-general maytake criminal proceedings against any person before a court (other than a court-martial or other military tribunal) in respect of an offence; or take over and continue any criminal proceedings referred to in paragraph (a) that have been taken by any other person or authority; or discontinue, at any stage before judgment is given, any criminal proceedings referred to in paragraph (a) that have been taken by him or by any other person or authority. subject to any act of parliament, the functions of the attorney-general maybe performedin person; or through officers responsible to him, acting in accordance with his general or specific instructions, and references to the attorney-general include references to officers so acting. where any person or authority other than the attorney-general has taken any criminal proceedings, nothing in this section prevents the withdrawal, in accordance with law, of those proceedings by any person or authority except where those proceedings have been taken over by the attorney-general. subject to subsections (8) and (9), the powers conferred on the attorney-general by subsection (7)(b) and (c) are vested in him to the exclusion of any other person or authority. subject to section 15 (independence) of schedule 1, in the performance of his functions under subsection (7) the attorney-general is not subject to the direction or control of any other person or authority. subject to subsection (13), for the purposes of this sectionan appeal from a decision in any proceedings; and a case stated or question of law reserved for the purpose of any proceedings, is part of those proceedings. the functions of the attorney-general under subsection (7)(c) shall not be exercised in relation toan appeal by a person convicted in any proceedings; or a case stated or question of law reserved at the instance of a person convicted in any proceedings; or a judicial review of any proceedings. division 5. the power of mercy 80. commutation, etc., of sentences the head of state, acting in accordance with the advice of the cabinet, maygrant to a person a pardon, either free or subject to lawful conditions, for an offence; or relieve a person from any disability imposed by this constitution or by or under an act of parliament because of a conviction under, or a contravention of, or a failure to comply with, a law of a country other than tuvalu; or grant to a person a delay, either indefinite or for a specified period, in the enforcement of any penalty imposed on that person for an offence; or substitute a less severe form of punishment for any punishment imposed on a person for an offence; or remit the whole or part ofany punishment imposed on a person for an offence; or any penalty, fine or forfeiture otherwise due to the government on account of an offence. in any case in which the power of mercy is exercised in accordance with subsection (1), the prime minister shall present to parliamentif the power is exercised during a meeting of parliament during that meeting; or if the power is exercised at any other time during the next meeting of parliament, a statement giving details of the exercise of the power and of the reasons for it. part vi. parliament and law-making division 1. parliament 81. establishment of parliament a parliament is established for tuvalu. 82. composition of parliament subject to subsection (3), parliament shall consist of such number of members as is fixed by or under an act of parliament and a bill for an act to amend the number of members so fixed shall not be passed by parliament unless it is supported at its third reading by the votes of not less than two-thirds of the members of parliament. the members shall be directly elected in accordance with this constitution and, subject to this constitution, in accordance with an act of parliament. the number of members of parliament shall not be less than twelve. for the purpose of the election of the members of parliament, electoral districts shall be established, havingsuch boundaries; and such number of elected representatives, as are prescribed by or under an act of parliament. nothing in this constitution prevents an act of parliament from making special provision for the representation of a part of tuvalu with special electoral problems, or related problems. 83. principles of electoral apportionment this section does not affect the operation of section 82(5) (which relates to special electoral provisions for particular parts of tuvalu). subject to subsection (1), a bill for an act for the purposes of section 82 (composition of parliament) shall, so far as practicable, be based on the principle that each member of parliament should represent approximately the same number of electors, but in the circumstances of tuvalu account must also be taken ofgeographical features; and interests or relationships of any kind that various areasmay have in common; or may not have in common; and the boundaries of existing administrative and traditional areas; and means of communication; and density and mobility of population; and such other factors as are prescribed by an act of parliament for the purpose. division 2. the law-making power 84. vesting of the law-making power subject to this constitution, parliament may make laws, not inconsistent with this constitution, includinglaws having effect outside tuvalu; and laws having retrospective effect; and laws providing for all matters that are necessary or convenient to be prescribedfor carrying out or giving effect to this constitution; or for defining or detailing, or for further defining or detailing, any matter in this constitution. 85. delegated legislation acts of parliament may providefor the delegation to any person or authority other than parliament of power to make regulations and other subsidiary laws; and for the control of the use of any power delegated under paragraph (a), whetherby means of a requirement of approval; or by means of a power to disallow, or in some other prescribed way. 86. manner of exercise of the law-making power the power of parliament to make laws shall be exercised by means of bills passed, in accordance with section 111 (procedure on bills, etc.), by parliament and assented to by the head of state. when a bill is presented to the head of state for assent the head of state shall promptly assent to it. a bill that has been assented to is an act of parliament. division 3. membership of parliament 87. nature of elections members of parliament shall be elected under a system of universal, citizen, adult suffrage, in accordance with this constitution and any law made for the purposes of section 89 (electoral laws). all contested elections of members of parliament shall be held by secret ballot. the provisions of subsection (2) shall not be considered to be contravened by a law that makes reasonable provision for assistance in voting to be given, on request, to any person. 88. holding of elections there shall be a general election to be held after one month but not later than three months after every dissolution of parliament. there shall be a bye-election as soon as practicable afterthe occurrence of any casual vacancy in the membership of parliament; or an act of parliament has been enacted to increase the number of members of parliament. 89. electoral laws subject to this constitution, an act of parliament may make provision for and in relation to parliamentary elections. an act of parliament shall make provision for safeguarding the integrity of parliamentary elections, especially in circumstances to which section 87(3) (special provisions for certain voters) applies. subdivision b. electors 90. right to vote subject to the succeeding provisions of this section, any person who is registered under an act of parliament as an elector for parliamentary elections in an electoral district is entitled to vote, in such manner as is prescribed, in an election of a member of parliament for that district. an act of parliament may prohibit a person from voting in an election ifhe is an electoral officer within the meaning of the act; or he has been involved in the commission of an offence in connection with an election. a person is not entitled to vote in an election ifthroughout the hours and on the date or dates fixed for the polling he is under arrest or in prison; or except as prescribed, he is for any reason unable to attend in person at the place and time fixed for the polling. a person is not entitled to vote in an election of a member of parliament for an electoral district if he is not registered as an elector for parliamentary elections in that district. 91. qualifications for registration subject to section 92 (disqualification from registration), a person is entitled to be registered as an elector in parliamentary elections if, and is not entitled to be registered as such an elector unlesshe is a citizen of tuvalu; and he has attained the age of 18 years; and he satisfies such other requirements (whether as to residence or otherwise) as are prescribed. a person is not entitled to be registered as an elector in parliamentary elections in more than one electoral district at the same time. 92. disqualification from registration a person is not entitled to be registered as an elector in parliamentary elections ifsubject to section 102 (calculation of sentences) and to subsection (2), he has been sentenced by a court in a commonwealth country to death or to imprisonment (by whatever name called) for a term exceeding 12 months, and has not received a free pardon; or he is certified to be insane, or otherwise adjudged to be of unsound mind, under an act of parliament; or he is disqualified, under an act of parliament relating to offences in connection with elections, from being registered as an elector in parliamentary elections. subsection (1)(a) does not apply ifon appeal or reviewthe conviction is overthrown; or the sentence is reduced to a sentence of imprisonment for a term not exceeding 12 months, or to some other penalty; or in the case of a sentence of imprisonment (whether it was the original sentence or was substituted on appeal or review) three years have elapsed since the end of the imprisonment. subdivision c. candidates 93. candidature a candidate for election to parliament must bequalified for election as a member of parliament; and nominated in accordance with an act of parliament. a member of parliament is not qualified to be a candidate. 94. qualifications for election subject to section 95 (disqualification from election) a person is qualified to be elected as a member of parliament if, and is not qualified to be elected as a member of parliament unless,he is a citizen of tuvalu; and he has attained the age of 21 years. 95. disqualification from election a person is not qualified to be elected as a member of parliament ifsubject to section 102 (calculation of sentences) and to subsection (2), he has been sentenced by a court in a commonwealth country to death or to imprisonment (by whatever name called) for a term exceeding 12 months, and has not received a free pardon, or is serving a prison sentence; or he is certified to be insane, or otherwise adjudged to be of unsound mind, under an act of parliament; or he is disqualified, under an act of parliament relating to offences in connection with elections, from membership of parliament; or he is, by virtue of his own act, under an acknowledgement of allegiance, obedience or adherence to a country other than tuvalu; or he has been adjudged or otherwise declared bankrupt under a law of a commonwealth country, and has not been discharged; or subject to such exceptions as are prescribed, he holds, or is acting in, any office or position in a state service; or he is the head of state, a judge of the high court or a magistrate; or he is a member of the public service commission. subsection (1)(a) does not apply ifon appeal or reviewthe conviction is overthrown; or the sentence is reduced to a sentence of imprisonment for a term not exceeding 12 months, or to some penalty other than imprisonment; or in the case of a sentence of imprisonment, whether it was the original sentence or was substituted on appeal or review, three years have elapsed since the end of the imprisonment. subdivision d. members 96. tenure of office the seat of a member of parliament becomes vacanton death; or on a dissolution of parliament; or if he is absent from the sittings of parliament for such period and in such circumstances as are prescribed in the rules of procedure of parliament; or subject to subsection (2), if, not being the speaker, he resigns his seat by written notice to the speaker; or subject to subsection (3), if, being the speakerhe announces to parliament his resignation from his seat; or he resigns his seat by written notice addressed to parliament and given to the clerk of parliament; or if he ceases to be qualified for, or becomes disqualified from, election to parliament under section 94 (qualifications for election) or 95 (disqualification from election); or in the circumstances set out in section 97 (disclosure of interest) or 98 (vacation of seat on sentence); or if his seat is declared to be vacant under section 99 (recall of incapacitated member); or if he becomes the head of state or a judge of the high court. a resignation under subsection (1)(d) takes effect on the date on which it is received by the speaker. a resignation under subsection (1)(e) takes effect on the date on which it isannounced to parliament; or received by the clerk of parliament, as the case may be. 97. disclosure of interest an act of parliament or the rules of procedures of parliament may make provision requiring a member of parliament who has an interest in a matter under consideration in parliamentto disclose his interest; and except with the approval of parliament, not to take part in any proceedings in parliament, or in a committee of parliament, in relation to the matter. an act of parliament or the rules of procedure of parliament may provide that if a member of parliament contravenes a provision referred to in subsection (1) his seat becomes vacant. 98. vacation of seat on sentence subject to section 102 (calculation of sentences) and to the succeeding provisions of this section, if a member of parliament is sentenced by a court in a commonwealth country to death or to imprisonment (by whatever name called) for a term exceeding 12 monthshe shall forthwith cease to discharge his functions as a member of parliament, and shall not attend parliament as a member of parliament; and his seat becomes vacant at the end of 30 days after the date of sentence. the speaker may, at the request of the member, from time to time extend the period of 30 days referred to in subsection (1)(b) to enable the member to pursue any appeal (judicial or other) in respect of his conviction or sentence, but extensions totalling more than 150 days shall not be granted without the consent of parliament, signified by resolution. if before a member vacates his seat under this sectionhe receives a free pardon; or on appeal or reviewthe conviction is overthrown; or the sentence is reduced to a sentence of imprisonment for a term not exceeding 12 months, or to some penalty other than imprisonment, his seat does not become vacant, and he may again discharge his functions as a member. a reference in this section to functions as a member of parliament includes a reference to functions performed in any capacity arising out of membership of parliament (including functions as speaker or as the prime minister or another minister). 99. recall of incapacitated member if more than 50 percent of the persons who are registered as electors for parliamentary elections in an electoral district sign a petition to the head of state stating that a member of parliament for that district is unable to perform properly the functions of a member because of infirmity of body or mind, the succeeding provisions of this section apply. if the head of state, acting in his own deliberate judgment, is satisfied thata petition delivered to him complies with subsection (1); and it is desirable in the interests of the good government of tuvalu that the question of removing the member should be investigated, the head of state, acting in accordance with the advice of a professional medical body outside tuvalu approved by an act of parliament for the purpose, shall appoint two or more medical practitioners who are legally qualified to practise medicine either in tuvalu or elsewhere to investigate the question of the capacity of the member. the persons appointed under subsection (2) shall investigate the question and make a joint professional report to the head of state personally. if after considering the report the head of state, acting in his own deliberate judgment, is satisfied that it is desirable in the interests of the good government of tuvalu to do so, he shall, acting in his own deliberate judgment, by written notice tothe speaker; and the member, declare the seat of the member concerned to be vacant. subdivision e. miscellaneous 100. questions as to membership of parliament the high court has jurisdiction to determine, in accordance with law, any question whethera candidate has been validly elected as a member of parliament; or a member of parliament has vacated his seat, or is required by section 98 (vacation of seat on sentence) to cease to perform his functions as a member; or the seat of a member has been declared vacant in accordance with any act of parliament or rules of procedure of parliament provided for by section 97 (disclosure of interest); or the seat of a member has been declared vacant in accordance with section 99 (recall of incapacitated member). there is no appeal from a decision of the high court in proceedings under subsection (1). 101. sitting, etc., while unqualified a person who sits or votes in parliament or in a committee of parliament knowing, or having reasonable grounds for believing, that he is not entitled to do so is liable to a civil penalty not exceeding $20.00 for each day upon which he so sits or votes. a penalty under subsection (1) may be recovered only by civil action in the high court by the attorney-general. 102. calculation of sentences this section applies to the calculation of the lengths of periods of imprisonment for the purposes ofsection 92 (disqualification from registration); and section 95 (disqualification from election); and section 98 (vacation of seat on sentence). for the purposes of the provisions referred to in subsection (1)two or more terms of imprisonment that are required to be served consecutively shall be regarded as a single term of the total period; and no account shall be taken of a sentence of imprisonment imposed in default of payment of a fine; and "review" includes an administrative or executive review of a sentence. division 4. the speaker 103. establishment of the office of speaker an office of speaker of parliament is established. 104. election of the speaker subject to this section, the speaker shall be elected by the members of parliament from among their own number. as soon as practicable aftereach general election; or the occurrence of a casual vacancy in the office of speaker, but after any necessary election of a prime minister, the head of state, acting in accordance with the advice of the prime minister, shall call a meeting of the members of parliament for the purpose of electing a speaker, at a date, time and place fixed by the head of state, acting in accordance with the advice of the prime minister, by notice to each member. the clerk of parliament shall preside at the meeting, and for that purpose has all the functions of the speaker as if the meeting were a meeting of parliament. when a speaker is elected, the clerk of parliament shall so inform the head of state, and the head of state shall appoint the person so elected to be the speaker. at the commencement of the first sitting day of parliament after the appointment of a speaker, the clerk of parliament shall announce to the members of parliament present the appointment of the speaker and the person appointed shall then take his place as speaker. 105. tenure of office of the speaker the office of speaker becomes vacanton death; or when a speaker next takes his place under section 104(5) (which relates to the speaker taking his place after his appointment by the head of state); or subject to subsection (2), ifhe announces to parliament his resignation from office; or he resigns his office by written notice addressed to parliament and given to the clerk of parliament; or if he ceases to be a member of parliament for any reason other than the dissolution of parliament; or if he becomes prime minister or another minister; or if he becomes the head of state or a judge of the high court; or if parliament so resolves by resolution supported by the votes of two-thirds of the total membership. a resignation under subsection (1)(c) takes effect on the date on which it isannounced to parliament; or received by the clerk of parliament, as the case may be. 106. functions of the speaker subject to subsection (2), when he is present the speaker shall preside at all sittings of parliament and of committees of parliament. an act of parliament or the rules of procedure of parliament may provide that subsection (1) does not applywhen parliament is in a committee of the whole parliament; or on other occasions, or in other circumstances, prescribed in the act or the rules. subject to any act of parliament made for the purposes of subsection (6), the speaker is responsible for ensuring that the business of parliament is conducted in accordance with this constitution, any applicable act of parliament and the rules of procedure of parliament. the speaker shall do his best to ensure thatproceedings in parliament are conducted at all times with dignity, decorum and politeness; and abusive, unnecessarily violent or otherwise objectionable language is not used in parliament; and parliamentary privilege is not abused by the making of unnecessary personal attacks on other members of parliament or other persons, or in any other manner. the speaker has such other functions as are provided for by this constitution, any act of parliament and the rules of procedure of parliament. subject to any act of parliament, the decision of the speaker on any matter relating to the conduct of the business of parliament is final. the speaker shall perform his functions impartially, and has a duty to ensure that in the conduct of the business of parliament there is a reasonable opportunity for all members present to be fairly heard. 107. acting speaker if the speaker is absent from a sitting of parliament or if there is a vacancy in the office of speaker during a meeting, a member of parliament (not being the prime minister or another minister) elected by the members shall, until relieved by the speaker, perform the functions of the speaker. if at any time when parliament is not sittingthe speaker is absent from tuvalu or is for any other reason unable to perform his functions; and no member has been elected under subsection (1), the clerk of parliament shall perform the parliamentary functions of the speaker. the clerk of parliament shall preside for the purposes of the election of an acting speaker under subsection (1). no question whether the need for the election of a person to perform the functions of the speaker in accordance with this section has arisen, or has ceased, shall be considered in any court division 5. procedures in parliament 108. rules of procedure subject to this constitution and to any act of parliament, parliament may make rules of procedure for the regulation and orderly conduct of its proceedings and the discharge of business at sittings of parliament, and for related purposes. the rules shall ensure that in the conduct of the business of parliament there is a reasonable opportunity for all members to be fairly heard. 109. quorum of parliament subject to subsection (3), the quorum for a meeting of parliament is one more than one half of the total membership, ignoring any fraction which may arise in calculating one half of the total membership. if at any timethe speaker declares that a quorum in accordance with subsection (1) is not present; and after such interval as is prescribed in the rules of procedure of parliament for the purpose such a quorum is again not present, the speaker shall adjourn parliament until a time and date that he thinks appropriate. if at the time and date fixed by the speaker under subsection (2) a quorum in accordance with subsection (1) is not present, the number of members of parliament actually present and qualified to take part in the proceedings is a quorum for the purposes of that day's sitting. 110. voting in parliament subject to this constitution, all questions before parliament shall be determined in accordance with a majority of the votes of the members of parliament present and voting. subject to subsection (3), the speaker does not have an original vote, buthas; and shall exercise, a casting vote. the speaker has an original vote, but not a casting voteon a motion of no confidence in the government; and on a bill for an act to amend this constitution. 111. procedure on bills, etc subject to this constitution, any member of parliament may, in accordance with the rules of procedure of parliamentintroduce a bill in parliament; or propose a motion for debate in parliament; or present a petition to parliament, and it shall be disposed of in accordance with this constitution and the rules. subject to section 2 (the area of tuvalu), with the exception ofappropriation bills; and bills certified by the head of state, acting in accordance with the advice of the cabinet, to beurgent; or not of general public importance, parliament shall not proceed upon a bill after its first reading until the next session of parliament, and after the first reading the clerk of parliament shall circulate the bill to all local governments for consideration and comment. parliament shall consider and dispose of any comments received under subsection (2). parliament shall not proceedfurther than the first reading of a bill for any purpose referred to in section 166(1) (which relates to executive initiative); or on a motion or amendment which would have a similar effect, without the recommendation of a minister as required by section 166(1) (which relates to executive initiative). division 6. miscellaneous 112. oath and affirmation of members of parliament subject to subsection (3), no member of parliament may take part in the proceedings of parliament (other than formal proceedings and proceedings necessary for the purpose of this section) until he has, before parliament, made an oath, or taken an affirmation, of allegiance in the form in schedule 4. the swearing-in of a member of parliament takes precedence over all other business (other than formal business and business referred to in subsection(3)) in parliament. subsection (1) does not apply in relation toproceedings for the election of a prime minister under section 63(1) (which relates to the election of a prime minister) and schedule 2 (election and appointment of the prime minister); or proceedings for the election of a speaker under section 104 (election of the speaker) or of an acting speaker under section 107(1) (which relates to the election of a member of parliament as acting speaker). 113. validity of proceedings in parliament subject to sections 109 (quorum of parliament) and 110 (voting in parliament)parliament or a committee of parliament may conduct any business even if there is a vacancy in its membership; and the proceedings of parliament, and of a committee of parliament, are valid even if a person who was not entitled to do so took part in those proceedings. 114. privileges of parliament the purpose of this section is to allow, as is customary in parliamentscertain privileges and immunities to be conferred upon parliament and members of parliament; and certain powers to be conferred upon parliament, in order to facilitate the proper conduct of the business of parliament, and to prevent improper interference with the conduct of that business. subject to subsections (4) and (5), parliament may provide forprivileges and immunities of parliament and members of parliament; and powers of parliament. any provision made by parliament for the purposes of subsection (2) shall be interpreted and applied only in accordance with the purpose of this section asset out in subsection (1). no civil or criminal proceedings may be instituted against a member of parliamentfor words spoken in, or included in a report to, parliament or a committee of parliament; or by reason of any matter or thing brought by him in parliament or a committee of parliament. no process issued by a court shall be served or issued within the precincts of parliament (as defined by or under an act of parliament or the rules of procedure of parliament). 115. clerk of parliament and other officers there shall be a clerk of parliament and such other officers as are necessary for the proper conduct of the business of parliament, who shall be members of a state service. division 7. summoning, dissolution, etc 116. meetings of parliament subject to this section, parliament shall meet at such places in tuvalu, and at such times, as the head of state, acting in accordance with the advice of the cabinet, appoints. sessions of parliament shall be held in such a way that no period of 12 months intervenes between the end of one session and the beginning of the next. a session of parliament shall be appointed to begin as soon as practicable after the declaration of the results of a general election, and in any event within three months after the declaration. in the event of a failure to comply with subsection (2) or (3), the speaker shall call a meeting of parliament, unless in the meantime a meeting has been called under subsection (1). 117. prorogation of parliament the head of state, acting in accordance witha resolution of parliament; or subject to any resolution of parliament, the advice of the prime minister, may at any time prorogue parliament. 118. dissolution of parliament subject to this section, parliament is automatically dissolved at the end of the period of four years after the date of its first sitting after a general election. the head of state, acting in accordance with a resolution of parliament may at any time dissolve parliament. ifthe office of prime minister is vacant; and no person has been elected to that office within such period as the head of state, acting in his own deliberate judgment, thinks reasonable, the head of state, acting in his own deliberate judgment, may dissolve parliament. subject to subsection (5), parliament remains dissolved until the declaration of the results of the following general election. subject to subsection (6), if the head of state certifies that there is an urgent matter requiring the attention of parliament at a time while parliament is dissolved he may re-convene parliament, and parliament may meet and act as if it had not been dissolved. the functions of the head of state under subsection (5) shall be performedin accordance with the advice of the cabinet; and subject to any such advice, in his own deliberate judgment. a meeting of parliament re-convened under subsection (5) shall consider only the matter certified under that subsection and matters that, in the opinion of the speaker, arise out of it. part vii. the courts division 1. general 119. the judicial system the judicial system of tuvalu consists ofthe sovereign in council (as provided for in division 4); and the court of appeal for tuvalu (as provided for in division 3); and the high court of tuvalu (as provided for in division 2); and such other courts and tribunals as are provided for by or under acts of parliament. division 2. the high court subdivision a. establishment, etc 120. establishment of the high court a high court of tuvalu is established. the high court is a superior court of record. 121. composition of the high court the high court is constituted by the chief justice of tuvalu and any other judges appointed under section 123 (other judges). 122. the chief justice of tuvalu an office of chief justice of tuvalu is established. the chief justice shall be appointed by the head of state, acting in accordance with the advice of the cabinet, for such period as is specified in the instrument of his appointment. 123. other judges if the cabinet is satisfied that the appointment of an additional judge is necessary for the proper performance of the functions of the high court, the head of state, acting in accordance with the advice of the cabinet given after consultation with the chief justice, may appoint a person to be a judge of the high courtfor such period; or in relation to such matters, as is or are specified in the instrument of his appointment. 124. qualifications of judges a person is not qualified for appointment as a judge of the high court unlesshe is or has been a judge of a court of unlimited jurisdiction in civil and criminal matters in some country that has a legal system similar to that of tuvalu, or of a court having jurisdiction in appeals from such a court; or has been qualified for at least five years to practise as a barrister or solicitor, or the equivalent, in a country referred to in paragraph (a). 125. remuneration, etc., of judges the salaries or other remuneration and the allowances of the judges of the high court are as provided for in section 169 (remuneration of certain officials). subject to this constitution and to any act of parliament, the other conditions of employment of a judge of the high court are as agreed between the judge and the cabinet. 126. tenure of office of judges a judge of the high court vacates his officeon death; or if he is removed from office under section 127 (removal of judges from office); or subject to subsection (2), if he resigns by notice in writing to the head of state; or at the end of the period of his appointment; or in the case of a judge appointed in accordance with section 123(b) (which relates to the appointment of other judges for certain matters) on the conclusion of the matters in relation to which he was appointed. a resignation under subsection (1)(c) becomes effective on the date on which it is received by the head of state, or on such later date as is fixed by agreement between the judge and the cabinet. 127. removal of judges from office a judge of the high court may be removed from office onlyfor inability to perform properly the functions of his office (whether arising from infirmity of body or mind, or from some other cause) or for misbehaviour; and in accordance with this section. a judge of the high court may be removed from office by parliament, by resolution, ifthe question of his removal from office has been referred to a tribunal appointed under subsection (3); and the tribunal has advised parliament that he ought to be removed from office for a reason set out in subsection (1)(a). if the cabinet decides, or parliament resolves, that the question of removing a judge from office should be investigated, the head of state, acting after consultation withthe prime minister; and in the case of a judge other than the chief justice, the chief justice, shall appoint an independent tribunal consisting of a chairman and at least one other member, each of whom is qualified for appointment as a judge of the high court, to investigate the question. the tribunal shall investigate the question and report on it to parliament, with its advice whether or not the judge should be removed from office. the provisions of schedule 3 (procedure, etc., of the public service commission and certain tribunals) apply to and in respect of the tribunal. 128. suspension of judges if the question of removing a judge of the high court from office has been referred to a tribunal under section 127 (removal of judges from office) the head of state, acting in accordance with the advice of the cabinet may suspend the judge from office. a suspension under subsection (1)may be lifted at any time by the head of state, acting in accordance with the advice of the cabinet; and ceases to have effect if the tribunal advises parliament that the judge should not be removed from office. a suspension under this section takes effect without loss of remuneration or other entitlements. 129. completion of pending matters even when he vacates his office (otherwise than by removal from office under section 127 (removal of judges from office), a judge of the high court may continue to perform the functions of that office in relation to any proceedings commenced before him while his appointment was in force, and while so acting he continues to be entitled to his previous remuneration and other entitlements. subdivision b. jurisdiction 130. jurisdiction of the high court generally the high court has jurisdictionin relation to part ii (bill of rights) of this constitution as provided by division 5 (enforcement of the bill of rights) of that part; and in relation to questions as to membership of parliament as provided by section 100 (questions as to membership of parliament); and in relation to other questions as to the interpretation or application of this constitution as provided by section 131 (constitutional interpretation); and in relation to appeals generally as provided by section 132 (appellate jurisdiction of the high court); and in other matters as provided for by sections 14(3) (which relates to the effect of parliamentary declarations of purpose) and 133 (other jurisdiction, etc., of the high court), and otherwise in this constitution. subject to any act of parliament providing for the jurisdiction of two or more members of the high court sitting together, the jurisdiction of the high court may be exercised by the chief justice or a single judge. 131. constitutional interpretation subject to subsection (2), the high court has original jurisdiction to determine any question as to the interpretation or application of this constitution. whereany question as to the interpretation or application of this constitution arises in any proceedings in a subordinate court; and that court is of the opinion that the question involves a substantial question of law, the court may, and shall if a party to the proceedings so requests, refer the question to the high court for determination. 132. appellate jurisdiction of the high court the high court has such jurisdiction to determine appeals from decisions of subordinate courts as is provided for by this constitution or by or under acts of parliament. 133. other jurisdiction, etc., of the high court the high court has such other jurisdiction, power and authority as are conferred by or under acts of parliament. division 3. the court of appeal 134. establishment of the court of appeal a court of appeal for tuvalu is established. the court of appeal shall be constituted as provided for by an act of parliament. parliament shall not proceed upon a bill for an act referred to in subsection (2) after its first reading in parliament unless the speaker has obtained, and has presented to parliament, a report from the chief justice on the proposal. 135. jurisdiction of the court of appeal subject tosection 41(2) (which relates to frivolous or vexatious appeals against determinations as to contraventions of the bill of rights); and section 100(2) (appeals on questions as to membership of parliament); and any act of parliament, the court of appeal has jurisdiction to determine appeals from decisions of the high court, whether in the exercise of original jurisdiction or in the exercise of appellate jurisdiction. no act of parliament made for the purposes of subsection (1) affects the rights of appeal provided for by division 5 (enforcement of the bill of rights) of part ii. division 4. the sovereign in council 136. jurisdiction of the sovereign in council an appeal may be made from a decision of the court of appeal to the sovereign in councilwith the leave of the court of appealin the case of a final decision on a question as to the interpretation or application of this constitution; or in the case of a final decision in proceedings under division 5 (enforcement of the bill of rights) of part ii; in the case ofa final decision; or an interlocutory decision, that is to say, a decision of a kind referred to in subsection (2), in any proceedings, where in the opinion of the court of appeal the question involved in the appeal is one which, because of its great general or public importance, or otherwise, ought to be submitted to the sovereign in council; and in such other cases and on such conditions as are provided for by or under an act of parliament. in subsection (l)(a)iii)(b), "interlocutory decision" refers to a decision whichis made during or for the purposes of some legal proceedings; and is incidental to those proceedings; and does not finally dispose of those proceedings. part viii. public employment division 1. general 137. interpretation of part viii in this part"personnel matter" means any service decision or action concerning an individual, includingappointment and confirmation of appointment; and promotion and demotion; and transfer from office to office or from place to place (except movement within a common cadre); and disciplinary action; and suspension; and cessation or termination of employment (except cessation or termination at the end of the person's regular period of employment as determined according to law). 138. application of part viii this part does not apply to or in relation toconsultants, advisers or agents (without executive authority or power of direction of members of a state service) who areemployed on an honorary basis; or remunerated by fees or commission only, with or without travelling or subsistence allowances, expense allowances or similar allowances; or except as provided by or under an act of parliamentthe holders of offices listed in section 161 (application of division 5); or the members of the staff of statutory authorities; or members of, or members of the staff of, local governments or authorities. nothing in this part prevents the creation ofstatutory offices; or statutory corporations or authorities; or statutory or administrative commissions, boards or committees, or similar bodies, or the determination, in accordance with law, of conditions of employment relating to them. 139. the state services subject to this part, acts of parliament shall make provision for and in relation toa public service; and the tuvalu police. subject to this part, acts of parliament may make provision for and in relation toa prison service; and other state services of tuvalu. 140. creation etc., of offices, etc., in state services subject to any act of parliament, the cabinet maycreate or abolish offices or positions in state services; and determine the qualifications for offices or positions in state services; and prescribe the functions of offices or positions in state services. 141. appointments subject to approval, etc except as provided in this constitution, this section does not apply to or in relation to any office or position established by this constitution. nothing in this part prevents an appointment to, or other service action in relation to, an office or position in a state service from being made subject toapproval by parliament, or by any other person or authority; or consultation with parliament or with the members of parliament, or with any other person or authority. 142. localization in this section "localization" means preference in public employment (either generally or in respect of an office or position, or a class of offices or positions) forcitizens of tuvalu; or persons whose usual places of residence (apart from the requirements of employment) are in tuvalu; or persons having some other special connection with tuvalu, including the replacement of the holders of offices or positions who do not have the qualifications required by the policy. a localization policy or programme may be laid downby or under an act of parliament; or by decision of the cabinet, approved by parliament by resolution. nothing in a policy or programme laid down in accordance with subsection(2)(b) affects any right to termination or retirement benefits, or to compensation, otherwise possessed by any person affected by it. nothing in this part, including division 5 (removal, etc., of certain officials), or in part i (bill of rights) prevents the implementation of any localization policy or programme laid down under this section. division 2. the public service commission 143. establishment of the commission a public service commission is established. 144. composition of the commission the public service commission shall consist of a chairman and three other members. 145. appointment of members of the commission the members of the public service commission shall be appointed by the head of state, acting in accordance with the advice of the cabinet. a person is not qualified for appointment as a member of the commission ifhe is a member of parliament; or he is a candidate for election as a member of parliament; or he is the holder ofany other office or position established by this constitution; or an office or position in a state service; or any other office or position prescribed for the purposes of this subsection by or under an act of parliament. 146. remuneration, etc., of members of the commission the salary or other remuneration of the chairman and the other members of the public service commission are as provided for in section 169 (remuneration of certain officials). the other conditions of employment of a member of the commission are as prescribed by or under an act of parliament. 147. tenure of office of members of the commission a member of the public service commission vacates his office or positionif he is removed from office under division 5 (removal etc., of certain officials); or subject to subsection (2), if he resigns by notice in writing to the head of state; or if he ceases to be qualified for appointment by virtue of section 145(2) (which relates to disqualification from appointment); or at the end of the period of four years after the date of his appointment. a resignation under subsection (1)(b) takes effect on the date on which it is received by the head of state, or on such later date as is fixed by agreement between the member and the minister responsible for public service matters. 148. exclusion of members of the commission from certain employment this section does not apply to a person who has been acting temporarily in the office of a member of the public service commission only for a period of less than six consecutive months. nothing in this section prevents other or additional disqualifications being imposed by or under an act of parliament ona member or former member of the public service commission, or a person referred to in subsection (1), because of his membership or former membership of the commission. a member of the public service commission is not eligible for appointment to any office or position referred to in section 145(2)(c) (which relates to certain offices and positions the holders of which are disqualified from appointment to the public service commission). division 3. general functions of the public service commission 149. functions of the commission subject to this constitution and in particular to section 150 (independence of the commission), and to any act of parliament, the public service commission is responsible forthe efficient management and control of the public service in relation to matters referred to in paragraphs (a)-(f) of the definition "personnel matters" in section 137 (interpretation of part viii); and all personnel matters connected with the public service; and such matters in relation to the other state services and the services of other governmental bodies as are prescribed, and has such other functions as are prescribed. subject to section 150 (independence of the commission), the public service commissionmay at any time; and shall at the request of the minister responsible for public service matters, inform or advise the cabinet as to any matter within the functions of the commission. 150. independence of the commission subject to section 15 (independence) of schedule 1, in personnel matters the public service commission shall comply with any general directions as to policy given by the cabinet, but otherwise is not subject to direction or control by any other person or authority. a policy direction given under subsection (1)shall be published in any manner prescribed for the publication of subordinate legislation; and shall immediately be forwarded by the minister responsible for public service matters to the speaker, for presentation to parliament. except in relation to personnel matters, the public service commission is responsible to the cabinet for the performance of its functions. 151. appeals within state services the independence conferred on the public service commission by section 150 (independence of the commission) is not affected by any provision of an act of parliament providing for an appeal, to an independent tribunal or authority established by an act of parliament, froma decision of the commission; or any recommendation or advice to the commission; or any advice proposed to be given by the commission to the head of state the provisions of section 150 (independence of the commission) and of subsection (1) apply to and in relation to any tribunal or authority that may be established under subsection (1) in the same way as they apply to and in relation to the public service commission. 152. procedures, etc., of the commission subject to any act of parliament, the provisions of schedule 3 (procedures etc., of the public service commission and certain tribunals) apply to and in respect of the public service commission. 153. delegation by the commission with the approval of the minister responsible for public service matters, the public service commission may, in writing, delegate to any person any of its functions. a delegation under subsection (1)may apply generally, or in respect of any part of tuvalu or of any place specified in the instrument of delegation; and may be made subject to such conditions, limitations and restrictions as are so specified. a delegation under this section is revocable, in writing, at will, and no delegation prevents the performance of a function by the commission. if a delegation under this section relates to personnel matters, in performing the delegated function the delegate is subject to the same freedom from direction or control as the commission, and the provisions of sections 150 (independence of the commission) and 151, (appeals with state services) with the necessary modifications, apply accordingly. division 4. personnel functions 154. application of division 4 this division applies to and in relation to any act of parliament made for the purposes of section 139 (the state services) establishing a state service, and to any regulations or other subsidiary legislation made under such an act. the provisions of this division shall be read subject to this constitution and in particular tosection 142 (localization); and division 5 (removal, etc., of certain officials). 155. the public service authority in relation to personnel matters in respect of members of the public service shall be vested in the public service commission. 156. magistrates the provisions of this section apply in relation to a magistrate of a subordinate court irrespective of whether he is a member of the public service. authority in relation to personnel matters in respect of magistrates of subordinate courts in their capacity as magistrates shall be vested in the head of state, acting in accordance with the advice of the public service commission, subject to the approval, either general or specific, of the chief justice or a person authorized by him for the purpose. 157. the police force an office of commissioner of police is established as an office in the tuvalu police. the commissioner of police shall be appointed in accordance with section 159(5)(a) (which relates to the appointment of the commissioner of police). excluding the commissioner of police, members of the tuvalu police of or above the rank of inspector (or the equivalent rank as defined by or under an act of parliament) may be appointed, removed and disciplined in the same manner, with any necessary modifications, as members of the public service under section 155 (the public service). other members of the tuvalu police may be appointed, removed and disciplined by the commissioner of police, subject to appeal to the public service commission in the case of removal or disciplinary action. 158. secretaries to ministries in this section"secretary" means the secretary or other head of a ministry or office of government (being a member of the public service) who is directly responsible to a minister, but does not include the secretary to government; and a reference to the appointment of a secretary includes a reference tohis appointment from outside the public service; and his promotion or transfer from some other office outside a common cadre. secretariesshall be appointed only with the concurrence of the cabinet; and form a common cadre or (as prescribed by or under an act of parliament) common cadres, to which may be added other senior members (as so prescribed) of the public service. the cabinet may at any time request the public service commission to advise the head of state to appoint a particular person to be a secretary. if the cabinet makes a request under subsection (3), the public service commission shall consider the request and advise of its decision. no secretary shall be appointed from outside the state services unless the public service commission determines that the appointee has clearly more merit than a serving member of the state services. 159. special cases of appointments this section shall be read subject to section 142 (localization). the auditor-generalshall be appointed by the head of state, acting in accordance with the advice of the public service commission, and with the approval of parliament signified by resolution; and may be suspended or removed from office in accordance with division 5 (removal, etc., of certain officials). the secretary to governmentshall be appointed by the head of state, acting in accordance with the advice of the public service commission given after consultation with the cabinet; and may be suspended or removed from office in accordance with division 5 (removal, etc., of certain officials). the attorney-generalshall be appointed by the head of state acting in accordance with the advice of the cabinet given after consultation with the public service commission; and may be suspended or removed from office in accordance with division 5 (removal, etc., of certain officials). the commissioner of policeshall be appointed by the head of state, acting in accordance with the advice of the public service commission given after consultation with the cabinet; and may be suspended or removed from office in accordance with division 5 (removal, etc., of certain officials). the functions of the head of state under this division in relation to the personal staff of the governor-general who are members of a state service shall be exercised by the governor-general acting in his own deliberate judgment. division 5. removal, etc., of certain officials 160. interpretation of division 5 in this division"the appropriate authority", in relation to an office or position to which this division applies, meansthe person or authority having power to make appointments to the office or position, acting in accordance with the prescribed manner of exercise of that power; or some other person or authority prescribed for a particular case; "member of the appropriate authority", in a case where the appropriate authority acts in accordance with the advice of, or after consultation with, any other person or authority, includesthat other person or authority; and a member of that other authority. 161. application of division 5 this division applies to the offices ofsecretary to government; and attorney-general; and auditor-general; and commissioner of police; and members of the public service commission, and any other office or position to which this division is applied by an act of parliament. the provisions of this division shall be read subject to section 142 (localization). 162. removal of prescribed officials from office subject to section 164 (contract employment), the holder of an office or position to which this division applies may be removed from office onlyfor inability to perform properly the functions of his office or position (whether arising from infirmity of body or mind, or from some other cause), or for misbehaviour; and in accordance with this section. the holder of an office or position to which this division applies may be removed from office by the appropriate authority ifthe question of his removal from office has been referred to a tribunal appointed under subsection (3); and the tribunal has advised the appropriate authority that he ought to be removed from office for a reason set out in subsection (1)(a). if the cabinet or the appropriate authority decides that the question of removing from office the holder of an office or position to which this division applies should be investigated under this section, the head of state, acting after consultation with the prime minister, shall appoint an independent tribunal consisting ofa chairman who is qualified for appointment as a judge of the high court; and not less than one other member, with qualifications or experience relevant to the particular matter. a person is not qualified to be appointed under subsection (3)(b) if heis the governor-general; or is a member of parliament; or is a member of the appropriate authority in relation to the person concerned; or is, or has been within the preceding 12 months, a subordinate of the person concerned; or has been involved in formulating advice on the question. the tribunal shall investigate the question and report on it to the appropriate authority, with its advice whether the person concerned should be removed from office. the provisions of schedule 3 (procedure, etc., of the public service commission and certain tribunals) apply to and in respect of the tribunal. 163. suspension of prescribed officials if the question of removing a person from office has been referred to a tribunal under section 162 (removal of prescribed officials from office), the appropriate authority may suspend him from office. a suspension under subsection (1)may be lifted at any time by the appropriate authority; and ceases to have effect if the tribunal advises the appropriate authority that the person concerned should not be removed from office. a person suspended under this section shall receive remuneration or other entitlements in accordance with the policy in force for the time being in the public service and provided for in general administrative orders. 164. contract employment ifthe holder of an office or position to which this division applies is employed in that office or position under a contract (whether with the government or otherwise); and the contract provides for his removal or suspension from office, nothing in the preceding provisions of this division prevents his being removed or suspended in accordance with the contract. part ix. finance division 1. parliament and finance 165. parliamentary responsibility for finance notwithstanding anything in this constitution (other than section 169 (remuneration of certain officials)), the raising and spending of money by the government (including the imposition of taxation and the raising of loans) is subject to authorization and control by parliament, and shall be regulated by an act of parliament. for each financial year there shall bea national budget, comprising estimates ofmoney proposed to be raised by the government; and money proposed to be spent by the government, in respect of the financial year; and appropriations for the service of the financial year, and there may be such supplementary budgets and supplementary appropriations as are necessary. nothing in subsection (2) prevents an appropriation being expressedto continue after the end of the financial year; or to lapse before the end of the financial year. 166. executive initiative except on the recommendation of a minister, parliament shall not provide forthe imposition or increase of taxation, or the raising of money by the government; or the imposition or increase of any charge on the public funds of tuvalu; or the alteration of any charge on the public funds of tuvalu otherwise than by reducing it; or the compounding or remission of any debt due to the government. parliament may reduce the amount of any proposalfor taxation; or for the raising of public revenue; or for any expenditure of public money. parliament may notincrease the amount of any proposal; or change the effect of any proposal; or change the purpose of any proposal, referred to in subsection (2)(a), (b) or (c). 167. the consolidated fund there shall be a consolidated fund of tuvalu, into which, subject to any act of parliament, all public money shall be paid. acts of parliament may make provision for or in respect of other public funds not forming part of the consolidated fund, which shall be administered and dealt with in accordance with acts of parliament. 168. accounting, etc., for public money all money of or under the control of the government shall be dealt with and properly accounted for in accordance with law. no money of or under the control of the government shall be spent except as provided by this constitution or by or under an act of parliament. 169. remuneration of certain officials this section applies to the offices ofgovernor-general; and speaker; and prime minister and other ministers; and other members of parliament; and judges of the high court; and attorney-general; and auditor-general; and commissioner of police; and members of the public service commission. subject to this section, the holders of the offices to which this section applies shall be paid such salaries or other remuneration and such allowances as are specifically prescribed by an act of parliament. the remuneration and allowances referred to in subsection (2) are charged on and shall be paid out of the consolidated fund without appropriation otherwise than by this section. subject to subsections (5) and (6), the remuneration and allowances payable to the holder of an office to which this section applies (other than allowances which are specifically excluded by act of parliament from the operation of this subsection) shall not be altered to his disadvantage after his appointment. subsection (4) does not apply in respect of any reduction in remuneration or allowances which is part of a general reduction applied proportionately toall offices to which this section applies; and all other offices the remuneration of which is specifically prescribed by act of parliament. for the purposes of subsection (4), where any remuneration or allowance to which that subsection applies is based, whether in law or in practice, on a choice made by the holder of the office in question, the remuneration or allowance which he chooses shall be considered to be more advantageous to him than any other which he might have chosen. division 2. the auditor-general 170. establishment of the office of auditor-general an office of auditor-general for tuvalu is established. the auditor-general shall be appointed in accordance with section 159(2)(a) (which relates to the appointment of the auditor-general). 171. independence of the office of auditor-general subject to section 15 (independence) of schedule 1, in the performance of his functions under this constitution and any other law the auditor-general is not subject to the direction or control of any other person or body. 172. functions of the auditor-general the auditor-general shall inspect and audit, and report at least once in every financial year to parliament onthe public accounts of tuvalu; and the control of public money and property of tuvalu; and all transactions with or concerning public money or property of tuvalu, and has such other functions as are, subject to subsection (4), conferred on him by an act of parliament. unless other provision is made by or under an act of parliament in respect of the inspection and audit of them, subsection (1) extends to the accounts, finances and property ofeach branch, department, agency and instrumentality of the government; and each body set up by an act of parliament, or by executive or administrative act of the government, for governmental or official purposes. even if other provision for inspection or audit is made as referred to in subsection (2), the auditor-general may, if he thinks it proper to do so, inspect and audit, and report to parliament on, any accounts, finances or property of an organization referred to in that subsection so far as they or it relate to, or consist of or are derived from, public money or property of tuvalu. an act of parliament mayexpand, and provide in more detail for, the functions of the auditor-general under the preceding provisions of this section; and confer on the auditor-general additional functions (including functions of the nature of an efficiency audit or value-for-money audit), not inconsistent with the performance of the functions conferred by those provisions. subject to any act of parliament, the functions of the auditor-general may be performedin person; or through officers responsible to him, acting in accordance with his general or specific instructions, and references to the auditor-general include references to officers so acting. part x. transitional 173. transitional provisions the transitional provisions specified in schedule 5 shall have effect notwithstanding anything contained in this constitution. schedule 1. rules for the interpretation of the constitution (section 4) 1. application of schedule 1 the provisions of this schedule apply in the interpretation of this constitution, except where in relation to a particular provision of this constitution the context dictates otherwise. except where otherwise stated in this constitution, the provisions of this schedule do not apply to any other law unless they are adopted by law for the purpose. this schedule shall be read subject to section 4 (interpretation of the constitution) 2. general definitions in this constitution"act" includes omission and failure to act; "act" or "act of parliament" means, in accordance with section 86 (manner of exercise of the law-making power), a bill passed by parliament and assented to by the head of state; "alteration", in relation to all or any provisions of this constitution or any other law, includestheir repeal, with or without re-enactment or the substitution of new provisions; and the modification of them or of their application; and their suspension, in whole or in part, or the lifting of any suspension; and the making of any provision that is inconsistent with them; "appropriation" means the action of setting public money aside, in accordance with law, for a specified purpose; "appropriation bill" means a bill dealing only with appropriations of public money and matters incidental to appropriations of public money; "the attorney-general" means the attorney-general for tuvalu whose office is provided for by section 79 (the attorney-general); "the auditor-general" means the auditor-general for tuvalu whose office is provided for by section 170 (establishment of the office of auditor-general); "bill" means a proposed act of parliament that has been introduced into parliament; "bye-election" means an election of a member of parliament consequent on a casual vacancy; "caretaker government" means a cabinet continuing in office under section 71 (caretaker governments); "the chief justice" means the chief justice of tuvalu whose office is provided for by section 122 (the chief justice of tuvalu); "the clerk of parliament" means the clerk of parliament whose office is provided for by section 115 (clerk of parliament and other officers); "committee of parliament" means a committeeappointed in accordance with the rules of procedure of parliament, or in accordance with an act of parliament; and consisting of members of parliament with or without other persons, and includesa committee of the whole parliament; and a subcommittee of a committee of parliament as described in the preceding provisions of this definition; "commonwealth country" means a country declared by or under an act of parliament to be a commonwealth country, and includes a dependency of such a country; "the court of appeal" means the court of appeal for tuvalu established under section 134 (establishment of the court of appeal); "the deputy prime minister" means the holder of the office allowed for by section 62(4) (which allows one of the ministers to be appointed deputy prime minister), and includesa person appointed under section 69 (acting ministers) to perform temporarily the functions of the deputy prime minister; and a person performing the functions of the deputy prime minister in a caretaker government; "disciplinary law" means a law regulating a disciplined force; "disciplined force" meansa naval, military or air force, or a coastguard or maritime surveillance service, whether of tuvalu or of some other country; or the tuvalu police or any other police force established by act of parliament; or any separate prison service established by act of parliament; "electoral district", means an electoral district for the purpose of the election of members of parliament, established under section 82 (composition of parliament); "final decision", in relation to any judicial proceedings, means a decision that finally disposes of the proceedings, whether or not it is subject to appeal or review; "financial year" means the period of 12 months ending on 31 december in any year, or such other period of 12 months as is fixed by or under an act of parliament; "function" includes power, duty and responsibility; "general election" means a general election of the members of parliament consequent on the dissolution of parliament; "the government" means the executive government of tuvalu; "governmental body" meansthe government; or a local government or authority; or a department, branch, agency or instrumentality of the government or of a local government or authority; or a body set up by law, or by administrative or executive act, for governmental or official purposes; "the governor-general" means the governor-general of tuvalu whose office is provided for by section 54 (establishment of office of governor-general), and includesa person appointed in accordance with section 56(2) (which relates to the appointment of an acting governor-general); or the speaker, performing under section 56 (acting governor-general)any of the functions of the governor-general; "the head of state" meansthe sovereign; or the governor-general, as the representative of the sovereign; "the high court" means the high court of tuvalu established by section 120 (establishment of the high court); "the independence constitution" means the constitution set out in the schedule to the tuvalu independence order 1978 of the united kingdom; "independence day" means 1 october 1978; "judge", or "judge of the high court", means the chief justice, or a judge of the high court appointed under section 123 (other judges); "meeting", in relation to parliament, means any period of sitting days during which parliamentis not prorogued; and does not adjourn indefinitely or to the call of the speaker; "member", in relation to a disciplined force, includes a person who, under the disciplinary law of that force, is subject to the discipline of that force; "minister" means the prime minister or another minister appointed under section 67 (the other ministers), and includesa person appointed under section 69 (acting ministers) to perform temporarily the functions of a minister; and a person performing the functions of a minister in a caretaker government; "month" means calendar month; "offence" means a contravention of or a failure to comply with a law of tuvalu; "parliament" means the parliament established for tuvalu by section 81 (establishment of parliament); "person" includesany body of persons, corporate or unincorporate; and the holder (whether substantive or other) ofany office or position in a state service; or any office or position established by this constitution or by or under an act of parliament; "prescribed" means prescribed by this constitution, or by or under an act of parliament; "the prime minister" means the prime minister whose office is provided for by section 62(1) (which relates to the establishment of an office of prime minister), and includesa minister performing the functions of the prime minister under section 68 (acting prime minister); and a person performing the functions of the prime minister in a caretaker government; "prorogation" means the prorogation of parliament under section 117 (prorogation of parliament); "public officer" means a member of the public service; "public service" means the permanent civil administrative ministries controlled by the secretary to government or a secretary and subject to executive supervision; "rules of court" means any law made by a competent authority for regulating the practice and procedure of a court; "the rules of procedure of parliament" means any rules made under section 108 "(rules of procedure)"; "the secretary to government" means the secretary to government whose office is provided for in section 78 (secretary to government); "session", in relation to parliament, means the series of sitting days occurring during the periodcommencing with the first sitting day after parliament is prorogued, or after a general election; and ending on the day on which parliament is next prorogued or dissolved without being prorogued; "sign" includes mark; "sitting day" means a day on which parliament actually meets; "the sovereign" means the sovereign of tuvalu; "the sovereign", in the sense of the sovereign of tuvalu, has the meaning given to that expression by section 13 (references to the sovereign of tuvalu) of this schedule; "the sovereign", in the sense of the sovereign of the united kingdom, has the meaning given to that expression by section 14 (references to the sovereign of the united kingdom) of this schedule; "the sovereign in council" means the sovereign of the united kingdom, acting by and with the advice of the judicial committee of his privy council and in accordance with the laws of england from time to time applicable in relation to appeals to the privy council or to the judicial committee; "the speaker" means the speaker of parliament whose office is provided for by section 103 (establishment of the office of speaker), and includes a member of parliament performing the functions of the speaker under section 107 (acting speaker); "state service" means a service referred to in section 139 (the state services); "subordinate court" means a court other thanthe sovereign in council; and the court of appeal; and the high court; "superior court", in relation to another court, means a court which has jurisdiction to determine appeals from, or to review, decisions of the other court; "taxation" includes rates, charges, fees and imposts of any kind; "the tuvalu police" means the state service provided for by section 139(1)(b) (which relates to the establishment of the tuvalu police); "the united kingdom" means the united kingdom of great britain and northern ireland; "writing" includes any method of reprinting or reproducing words in a visible form; "year" means any period of 12 months. unless the context requires otherwise, where an expression is defined for any purpose in this schedule or otherwise in this constitution then for that purpose all grammatical variations and cognate and related expressions are to be understood in the same sense. unless the context requires otherwise, a reference in this constitution to an institution, office, position or thing is a reference to the appropriate institution, office, position or thing provided for by this constitution. 3. form of the constitution the preamble forms part of this constitution, and establishes principles upon which this constitution, and the conduct of the public affairs of tuvalu, are to be based. the schedules to this constitution form part of this constitution. the head-notes to the sections of this constitution do not form part of this constitution, but other headings do form part of it. a reference in this constitution to a subdivision of this constitution without further identification shall be read as a reference to the corresponding subdivision of the body of this constitution (that is, excluding the preamble and the schedules). 4. meaning of language used this constitution is intended to be read as a whole. all provisions of this constitution, and all words, expressions and statements in this constitution, shall be given their fair and liberal meaning without unnecessary technicality. 5. gender and number in this constitutionthe masculine gender includes the female gender; and the feminine gender includes the masculine gender, and the singular number includes the plural; and the plural number includes the singular. 6. time limits where no time is prescribed by this constitution within which an act is required or permitted to be done, the act shall, or may, as the case requires, be done with all convenient speed and as often as is necessary. wherea time limit is imposed by this constitution for any purpose; and in a particular case it is not practicable to comply with the limit, the limit shall be deemed to be extended by whatever period is necessary to make compliance practicable. the operation of subsection (2) is not excluded by a provision that unqualifiedly specifies a time limit or a maximum time limit. 7. attainment of age for all purposes of this constitution, a person attains a particular age at the first moment of the relevant anniversary of his birth. 8. powers of majority, and quorums where this constitution requires or permits an act to be done by more than two persons, a majority of them may do it. subsection (1) does not affect any requirement of a quorum, and, subject to subsection (3), where no quorum is prescribed by this constitution the quorum is the total membership. a power conferred by this constitution to determine the procedures of a body includes power to determine a quorum (not being fewer than a majority of the total membership). 9. references to "total membership" a reference in this constitution to the total membership of a body or authority is a reference to the total number of seats or places on the body or authority, irrespective of whether any of them are vacant. 10. performance of constitutional functions where this constitution confers a power or imposes a duty, the power may be exercised or the duty shall be performed, as the case may be, from time to time as occasion requires. where this constitution confers a function on the holder of an office or position as such, the function may be performed by the holder (whether substantive or other) of the office or position from time to time. where this constitution confers a power to make an instrument or a decision (other than a judicial decision), that power includes power exercisable in the same manner and subject to the same conditions (if any), to revoke, vary or alter the instrument or decision. 11. appointments, etc., requiring prior approval where by any provision of this constitution an appointment or other act requires the prior approval of parliament or of any other person or authority, andit is for any reason not practicable to apply for the approval immediately; and there is an immediate need to make the appointment or to do the act, the appointment may be made, or the act may be done, as the case may be, subject to approval being applied for at the first reasonably available opportunity. if later approval is refused, the refusal takes effect as a disallowance of the appointment or act. the decision of the person or authority whose approval is required as to what is the first reasonably available opportunity for the purposes of subsection (2) is final. 12. official appointments, etc the succeeding provisions of this section shall, in relation to any office or position, be read subject to any provision of this constitution relating to that office or position. in this constitution, a reference to the holder of an office or position by reference to the description of his office or position includes a reference to any person who is for the time being lawfully acting in, or performing the functions of, the office or position. where this constitution confers power to make an appointment to act in, or to perform the functions of, an office or position, the power includes powerto remove or suspend a person so appointed; and to appoint another person temporarily in the place of a person so removed or suspended; and where the holder of the office or position isunavailable; or unable to perform the functions of the office or position, to appoint a person temporarily in his place; and if the office of position is vacant, to appoint a person to act in it until it is filled on a substantive basis, subject to compliance with any conditions to which the exercise of the original power of appointment was subject. in a case to which subsection (3)(c) applies, no question whether the need for the exercise of the power has arisen, or has ceased, shall be considered in any court. a reference in this constitution to a power to remove from office the holder of an office or position includes a reference to a powerto require the holder of the office or position to retire; or to terminate any contract under which the holder of the office or position is employed; or to determine whether any contract referred to in paragraph (b) should be renewed, but nothing in this section confers any power to require a judge of the high court, the auditor-general or the commissioner of police to retire. except where this constitution provides otherwise the holder of an office or position established by this constitution may resign from the office or position by written notice to the secretary to government, and the resignation takes effecton a date specified in the notice; or when the notice is received by the secretary to government, whichever is the later, but the resignation may be withdrawn, with the consent of the secretary to government, at any time before it takes effect. when the holder of an office or position is on leave of absence pending relinquishment of the office or positionanother person may be appointed to the office or position; and the person so appointed shall, for the performance of the functions of the office or position, be considered to be the sole holder of the office or position. for the purposes of this constitution, a person shall not be considered to be the holder of, or to be acting in, an office or position by reason only of the fact thathe is on leave of absence pending relinquishment of the office or position; or he is on leave without pay from the office or position; or he is receiving a pension or some other similar allowance; or he is a retired or reserve member of a naval, military or air force, or a special constable; or he is a member of the staff of a local government or authority; or he is the holder of an office or position in the service of the government, or is performing functions on behalf of the government, if the only remuneration that he receives for it is by way of travelling or subsistence allowance, expense allowance or any similar allowance. subject to any provision of this constitution relating to qualifications for, or disqualifications from, appointment, a person who has been the holder of an office or position is eligible for reappointment to that office or position. 13. references to the sovereign of tuvalu subject to subsection (2), a reference in this constitution or any other law to the sovereign of tuvalu includes a reference tothe heirs and successors of the sovereign as declared or ascertained by or under an act of parliament; and any person exercising the whole or the relevant part of the sovereignty of tuvalu in accordance with an act of parliament. until an act of parliament is made for the purposes of subsection (1)(a) or (b), a reference to the sovereign of tuvalu shall be read as including a reference tothe sovereign of the united kingdom; or any person exercising the whole or the relevant part of the sovereignty of the united kingdom, as the case requires, in accordance with the law in force in england. 14. references to the sovereign of the united kingdom a reference in this constitution or in any other law to the sovereign of the united kingdom includes a reference to any person exercising the whole or the relevant part of the sovereignty of the united kingdom in accordance with the law in force in england. 15. independence where this constitution provides that any person or authority is not subject to the direction or control of any other person or authority, that provision does not preventdirection or control by a court in the performance of judicial functions conferred on it by law; and the regulation, by or under an act of parliament, of the performance of the functions of the person or authority. 16. regulation of acts, etc where any provision of this constitution provides for the regulation of an act or thing, unless the context indicates otherwise that provision does not authorize the prohibition of the act or thing, whether in law or in practice. 17. impracticability of obtaining advice, etc in this section"the authorizing provision" means the relevant provision of this constitution referred to in subsection (2)(a); "the prescribed authority" has the meaning given to it by subsection (2)(a). this section applies in a case wherea provision of this constitution requires or permits the head of state, or any other person or authority, (referred to in this section as "the prescribed authority") to actin accordance with the advice of some other person or authority; or after consultation with some other person or authority; or subject to the approval of some other person or authority; and the prescribed authority, acting in his or its own deliberate judgment, certifies in writing that he or it is satisfied that it is impracticable, in the circumstances, to comply, or to comply fully, with the authorizing provision. in a case to which this section applies the prescribed authority, acting in his or its own deliberate judgment, may act after consultation with such persons (including any available persons, and any available members of the authority, referred to in subsection (2)(a)(i), (ii) or (iii) as he or it, acting in his or its own deliberate judgment, thinks proper to consult. if in a case to which this section applies the prescribed authority acts as provided for by subsection (3)he or it shall, as soon as practicable, report the circumstances tothe relevant person or authority referred to in subsection (2)(a)(i) (ii) or (iii); and the speaker, for presentation to parliament; and as soon as practicable, and to the extent that it is practicable, the authorizing provision shall be complied with. 18. acts in "deliberate judgment" where this constitution requires or permits an act to be done in the deliberate judgment of a person or authoritythe exercise of the judgment must not be arbitrary or capricious; and except to the extent of paragraph (a), no question as to the exercise of the judgment shall be considered in any court. 19. effect of repeal in this section, "repeal" includes revocation, cancellation, suspension and expiry. the repeal of any provision of this constitution does notrevive anything that was not in force or existing immediately before the repeal took effect; or affect the previous operation of the repealed provision, or anything duly done or suffered under it; or affect any right, privilege, obligation or liability acquired, accrued or incurred under the repealed provision; or affect any penalty, forfeiture or punishment incurred in respect of an offence against the repealed provision; or affect any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment. any investigation, legal proceedings or remedy referred to in subsection (2)(e) may be instituted, continued or enforced, and any penalty, forfeiture or punishment referred to in that paragraph may be imposed, as if the repealed provision had continued in force. if a provision of this constitution is repealed and re-enacted (with or without modification), a reference in any other law to the repealed provision shall, unless the context indicates otherwise, be read as a reference to the substituted provision. 20. effect of disallowance where this constitution provides that a law or any other thing may be disallowed, the disallowance takes effect in the same way as a repeal, revocation or cancellation would take effect, except that if the disallowed law or thing altered any other law or thing the disallowance revives the other law, or the previous situation, as the case may be as in existence immediately before the disallowance. 21. multiple oaths, etc a reference in this section to the holding of an office or position includes a reference to the temporary performance of the functions of the office or position. if on or before commencing to hold an office or position established by this constitution the holder is required to take an oath, or make a declaration of allegiance, he is not required to do so again for any purpose during any continuous term for which he holds the office or position. wherethe holder of an office or position established by this constitution is required or permitted to perform temporarily the functions of another such office or position; and it is a requirement of the second office or position that the holder takes an oath or makes an affirmation, then, in addition to the effect of subsection (2), no matter how often he performs temporarily those functions during any continuous period for which he holds the first office or position he is not required to take the oath or make the affirmation referred to in paragraph (b) more than once. schedule 2. election and appointment of the prime minister (section 63) 1. functions of the governor-general the functions of the governor-general under this schedule shall be performed in his own deliberate judgment. 2. election meetings as soon as practicable aftera general election; or subject to section 71 (caretaker governments) of this constitution, the occurrence of a vacancy in the office of prime minister, the governor-general shall call a meeting of the members of parliament for the purpose of electing a prime minister. if the vacancy occurred because ofthe death of the prime minister; or the prime minister's ceasing to be a member of parliament for any reason other than the dissolution of parliament, the meeting shall not be called until after the declaration of the result of the consequent bye-election. the governor-general shall issue to each member of parliament a notice statingthe date, time and place of the meeting; and the date and time on or before which, and the place at which, nominations are to be delivered to the governor-general. the date fixed for the purposes of subsection (3)(b) shall be at least one day before the date fixed for the election meeting. the election meeting shall consider only the election of a prime minister. 3. nominations all members of parliament are eligible for nomination as candidates for election as prime minister. no member may nominate more than one candidate. a candidate may withdraw his candidature at any time before the commencement of voting at the election meeting. 4. cancellation of proceedings if at any stage of the proceedings a candidatedies; or becomes, in the opinion of the governor-general, seriously incapacitated, the provisions of subsection (3) apply. ifat or after the time fixed under section 2(3)(b) (which relates to the time for nominations) of this schedule there is no candidate for election; or for any other reason the governor-general is satisfied that the election cannot be, or is unlikely to be, successfully completed in accordance with this schedule, the provisions of subsection (3) apply. in a case referred to in subsection (1) or (2), the governor-general may eithercancel the proceedings and commence them again; or suspend the proceedings until a later time or date. 5. list of candidates a list setting out all candidates and their nominators shall be given by or by direction of the governor-general to each member of parliament before the election meeting opens. 6. quorum the quorum for an election meeting is a majority of the total membership of parliament. if a quorum is not present at the time fixed under section 2(3)(a) (which relates to the time for the election meeting) of this schedule, the governor-general shall adjourn the meeting until a time, date and place fixed by him and announced at the failed meeting. if at the time and place fixed under subsection (2) a quorum is again not present, the governor-general shall cancel the proceedings and commence them again. 7. conduct of the election meeting the election meeting shall be presided over by the governor-general, and the election shall be conducted by him. each member of parliament has one vote at each ballot held in accordance with section 8 (conduct of the election) of this schedule. for the purpose of the counting of votes and for any other purpose relating to the conduct of the election, the governor-general may request the assistance of such persons as he thinks necessary. no person other thanthe governor-general; or a member of parliament; or a person whose assistance is being given as requested under subsection (3), shall be present at the election meeting. subject to this schedule, the election meeting and the election shall be conducted in such manner as the governor-general determines. 8. conduct of the election if there are more candidates than one, such number of ballots shall be held as is required to determine the result in accordance with this section. the ballots shall be secret ballots. subject to the succeeding provisions of this section, if no candidate receives in a ballot the votes of a majority of the total membership of parliamentthe candidate who has the lowest number of votes shall be excluded; and a fresh ballot shall be held for the remaining candidates. if in a case to which subsection (3) applies there is a tie between two or more candidates for the lowest number of votes in a ballotnot more than two special ballots shall be held to exclude one of them; and if after the second special ballot neither candidate has been excluded, the governor-general shall decide by lot which one of them is to be excluded. when in a ballot, whether the first ballot or a subsequent ballot, there are only two candidates, not more thanthat ballot; and two further ballots, shall be held, and if at the end of those ballots no candidate has received the votes of a majority of the total membership of parliament the governor-general shall cancel the election and commence the election procedure again. 9. declaration of the result if only one candidate is nominated, the governor-general shall declare that candidate elected. when the count has been completed in each ballot, the governor-general shallannounce the number of votes received by each candidate; and if a candidate has received the votes of a majority of the total membership of parliament declare that candidate to be elected. upon the election of a prime minister under this schedule, the governor-general shall cause the election and the name of the prime ministerto be made known to the public in such manner as he thinks appropriate; and to be published in any manner prescribed for the publication of subordinate legislation. 10. disputes any dispute arising out of or in connection with the calling or conduct of an election meeting, or the conduct of an election, under this schedule shall be determined by the governor-general, whose decision is final. 11. saving of power to dissolve nothing in this schedule affects the power of the head of state to dissolve parliament in accordance with section 118(3) (which relates to dissolution when a prime minister is not elected within a reasonable period). schedule 3. procedure, etc., of the public service commission and certain tribunals (sections 127, 152, 162) 1. application of schedule 3 this schedule applies to the following authoritiesthe public service commission; and a tribunal appointed under section 127 (removal of judges from office) to investigate the question of the removal of a judge of the high court; and a tribunal appointed under section 162 (removal of prescribed officials from office) to investigate the question of the removal of the holder of an office to which division 5 (removal, etc., of certain officials) of part viii applies. 2. rules subject to this constitution and to any act of parliament, an authority to which this schedule applies may make rules for regulating its procedures and the performance of its functions. 3. voting all matters before a meeting of an authority to which this schedule applies shall be decided in accordance with the majority of the votes of the total membership of the authority, and in the event of an equality of votes on a matter the person presiding has a casting vote, as well as an original vote. 4. absence, etc subject to section 3 (voting) of this schedule, the validity of the proceedings of an authority to which this schedule applies is not affected byany absence from a meeting; or the fact that some person who was not entitled to do so took part in the proceedings. 5. powers of certain tribunals the tribunals referred to in section 1(b) and (c) (application of this schedule) of this schedule have the same powers as the high court in respect of the attendance and examination of witnesses abroad, and in respect of the production of documents. 6. procedures generally subject to any rules made under section 2 (rules) of this schedule, an authority to which this schedule applies may determine its own procedures. schedule 4. oaths and affirmations (sections 57, 72 and 112) 1. oath, etc., of allegiance i, ..................................................., do swear (or solemnly affirm) that i will be faithful and bear true allegiance to the sovereign of tuvalu. (so help me god) 2. oath, etc., of office of governor-general i, ................................................. , do swear (or solemnly affirm) that i will well and truly serve the sovereign of tuvalu in the office of governor-general of tuvalu (or in the performance of the functions of the governor-general of tuvalu under section 52 of the constitution) (so help me god) 3. oath, etc., of office of member of cabinet i, .................................................. , being a member of the cabinet for tuvalu do swear (or solemnly affirm) thati will to the best of my judgment, at all times when required to do so, freely give my counsel and advice for the good management of the affairs of tuvalu. i will not on any account, at any time whatsoever, disclose the counsel, advice, opinion or vote of any member of the cabinet. i will not, except with the authority of the cabinet and to such extent as may be required for the good management of the affairs of tuvalu, or as otherwise required or permitted by law, directly or indirectly reveal the business or proceedings of the cabinet or any matter coming to my knowledge in my capacity as a member of the cabinet. in all things i will be a true and faithful member of the cabinet. (so help me god) schedule 5. transitional provisions (section 173) 1. interpretation in this schedule"appointed day" means the day determined pursuant to section 4 of the ordinance for the coming into effect of this constitution; "existing laws" means any acts of the parliament of the united kingdom, orders of her majesty in council, ordinances, rules, regulations, orders or other instruments having effect as part of the law of tuvalu (whether or not they have been brought into operation) immediately before the appointed day, but does not include the tuvalu independence order 1978 or the independence constitution; "the ordinance" means the constitution of tuvalu ordinance 1986. 2. existing laws subject to this section, on and after the appointed day all existing laws shall have effect as if they had been made in pursuance of this constitution. all existing laws shall be construed with such changes as to names, titles, offices, persons and institutions, and to such other formal and non-substantial changes, as are necessary to adapt them to the provisions of this constitution. the governor-general may, by order published in the gazette, at any time before 1 january 1988, make such amendments to any existing law (other than the ordinance) as may appear to him to be necessary or expedient for bringing that law into conformity with any provision of this constitution. nothing in this section shall be construed as affecting the operation of section 3 (the constitution as supreme law) in relation to any existing law. 3. prescribed matters where any matter that falls to be prescribed or otherwise provided for under this constitution by or under an act of parliament is prescribed or otherwise provided for by or under an existing law (including any amendment to any such law made pursuant to section 2 (existing laws) of this schedule) that prescription or provision shall, as from the appointed day, have effect (with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with this constitution) as if it had been made by or under an act of parliament. 4. the governor-general the person who immediately before the appointed day holds office as governor-general under the independence constitution shall, as from that day, hold office as governor-general as if he had been appointed thereto under section 55 (appointment, etc., of the governor-general). the person who holds office as governor-general by virtue of subsection (1) shall be deemed to have complied with section 57 (oaths and affirmations by the governor-general). for the purpose of calculating the period of four years referred to in subsection (3)(f) of section 55 (appointment, etc., of the governor-general) in relation to the person who holds office as governor-general by virtue of subsection (1), that period shall be deemed to have commenced on the appointed day, but without prejudice to the operation of any of the other provisions of subsection (3) of that section. subsection (3)(c) of section 55 (appointment etc., of the governor-general) shall not apply in relation to the person who holds office as governor-general by virtue of subsection (1). 5. ministers any person who immediately before the appointed day holds office as prime minister or any other minister under the independence constitution shall, as from that date, hold office as prime minister or other minister, as the case may be, as if he hadin the case of the prime minister, been elected thereto under section 63 (the prime minister); or in the case of any other minister, been appointed thereto under section 67 (the other ministers). any person holding office as prime minister or other minister by virtue of subsection (1) who before the appointed day was assigned, and immediately before that date held, responsibility for any business of the government shall be deemed to have been assigned responsibility for that business under section 75 (assignment of responsibilities to ministers). 6. parliament unless and until the number of members of parliament is fixed pursuant to section 82 (composition of parliament) by or under an act of parliament, the number of members is 12. any person who immediately before the appointed day is a member of the former parliament shall on that day become a member of parliament and shall be deemed to have complied with the requirements of section 112 (oath and affirmation of members of parliament) and shall hold his seat in parliament in accordance with the provisions of the constitution. the person who immediately before the appointed day holds the office of speaker of the former parliament shall on that day become speaker of parliament and shall hold office as such in accordance with the provisions of this constitution. the rules of procedure of the former parliament as in force immediately before the appointed day shall, except as may be otherwise provided under section 108 (rules of procedure) have effect after that day as if they had been made under that section but shall be construed with such modifications, adaptions, qualifications and exceptions as may be necessary to bring them into conformity with this constitution. for the purpose of the first determination after the appointed day of the period of four years referred to in section 118(1) (which relates to the automatic dissolution of parliament), that period shall be deemed to have commenced after the date of the first sitting of the former parliament after the last general election preceding the appointed day. any bill which, before the appointed day, was before the former parliamentshall not lapse; and shall on and after the appointed day, be treated as a bill for an act before parliament; and may be proceeded with accordinglyany stage of the bill completed before the former parliament being treated as having been completed before parliament; and any stage of the bill commenced before the former parliament being continued before parliament. any business commenced before the former parliament may, on and after the appointed day, be continued before parliament. in this section, "the former parliament" means the parliament of tuvalu established by the independence constitution. 7. public officers every person who immediately before the appointed day holds or is acting in a public office shall, as from that day, hold or act in that office or the corresponding office established by this constitution as if he had been appointed to do so in accordance with the provisions of this constitution and shall be deemed to have taken any oaths required upon such appointment by any existing law. any person who holds office by virtue of subsection (1) and who would, under the independence constitution or any existing law, have been required to vacate office at the expiration of any period or on the attainment of any age shall vacate his office under this constitution upon the expiration of that period or upon the attainment of that age. the provisions of this section shall be without prejudice to any power conferred by or under this constitution upon any person or authority to make provision for the abolition of offices and for the removal from office of persons holding or acting in any office. in this section, "public office" shall be construed as including the office of member (including chairman) of the public service commission established by the independence constitution. 8. legal proceedings all proceedings commenced or pending before the appointed day before the high court or the court of appeal established by the independence constitution may continue on and after that day before the high court or the court of appeal, as the case may be, established by this constitution. any decision given before the appointed day by the high court or the court of appeal established by the independence constitution shall for the purposes of the enforcement or, in the case of a decision given by the high court, for the purpose of any appeal therefrom, have effect on and after that day as if it were a decision of the high court or the court of appeal, as the case may be, established by this constitution. 9. financial in this section, "the relevant financial year" means the financial year ending on 31 december 1986. section 165 (parliamentary responsibility for finance) shall not apply, and the following provisions shall apply in relation to the relevant financial year a. 1. the minister responsible for finance shall cause to be prepared and laid before parliament before or not later than 60 days after the commencement of the relevant financial year estimates of the revenues and expenditure of the government for that year. 2. the heads of expenditure contained in the estimates (other than statutory expenditure) shall be included in a bill to be known as an appropriation bill which shall be introduced into parliament to provide for the issue from the consolidated fund of the sums necessary to supply those heads and the appropriation of those sums for the purposes specified therein. 3. if in respect of the relevant financial year it is found that the sum appropriated by the appropriation act for any purpose is insufficient or that a need has arisen for expenditure for a purpose for which no sum has been appropriated by that law, a supplementary estimate showing the sum required shall be included in a supplementary bill for appropriation. 4. where in respect of the relevant financial year the minister responsible for finance is satisfied that an urgent and unforeseen need has arisen to authorise for any purpose advances from the consolidated fund for expenditure in excess of the sum appropriated for that purpose by an appropriation act, or for a purpose for which no sum has been so appropriated, he may, subject to the provisions of any law for the time being in force in that regard, authorise such advances by warrant and shall include such amount in a supplementary appropriation bill for appropriation at the meeting of parliament next following the date on which the warrant was issued. 5. if at the close of account for the relevant financial year it is found that any moneys have been expended on any head in excess of the sums appropriated for that head by an appropriation act or for a purpose for which no money has been appropriated, the excess or the sum expended but not appropriated, as the case maybe, shall be included in a statement of heads in excess which shall be presented to parliament. b. if the appropriation act in respect of the relevant financial year has not come into operation at the beginning of that financial year, parliament by resolution may empower the minister responsible for finance to authorise the issue of moneys from the consolidated fund for the purpose of meeting expenditure necessary to carry on the state services at a level not exceeding the level of the public services in the previous financial year, until the expiration of 4 months from the beginning of the relevant financial year or the coming into operation of the appropriation act, whichever is the earlier. c. 1. no money shall be issued from the consolidated fund except upon the authority of a warrant under the hand of the minister responsible for finance. 2. no warrant shall be issued by the minister responsible for finance for the purpose of meeting any expenditure unlessa. the expenditure has been authorised for the relevant financial year by an appropriation act; or b. the expenditure has been authorised in accordance with the provisions of paragraph a(4), b or c; or c. it is statutory expenditure in which event, it shall not be voted on by parliament but, without further authority of parliament, shall be paid out of the consolidated fund and a warrant may issue for that purpose. 3. anya. estimates laid before parliament; or b. appropriation ordinance enacted; or c. resolution passed by parliament; or d. other thing done, before the appointed day, pursuant to the independence constitution and in respect of the relevant financial year, shall have effect after that day as if laid or, as the case may be, enacted, passed or done pursuant to this section in respect of the relevant financial year; and the reference in this section to an "appropriation act" shall be deemed to include a reference to any ordinance so enacted. chapter i of the state, of its territory and the grand duke article 1 the grand duchy of luxembourg is a democratic, free, independent and indivisible state. article 2 the boundaries and chief towns of the judicial or administrative districts, of the cantons and of the communes may only be changed by virtue of a law. article 3 the crown of the grand duchy is hereditary within the family of nassau conforming to the pact of 30 june 1783, to article 71 of the treaty of vienna of 9 june 1815, and to article 1 of the treaty of london of 11 may 1867. article 4 the person of the grand duke is inviolable. article 5 the grand duke of luxembourg attains his majority on the completion of eighteen years of age. when he accedes to the throne, he takes, as soon as possible, in the presence of the chamber of deputies or of a deputation appointed by it, the following oath: "i swear to observe the constitution and the laws of the grand duchy of luxembourg, to maintain the national independence and integrity of the territory, as well as public and individual freedoms." article 6 if on the death of the grand duke, his successor is a minor, the regency is exercised conforming to the family pact. article 7 if the grand duke finds it impossible to reign, the regency is provided for as in the case of minority. in the case of vacancy of the throne, the chamber provides for the regency provisionally. a new chamber, convoked with the double numbers within thirty days, provides for the vacancy definitely. article 8 when he enters into his functions, the regent takes the following oath: "i swear fidelity to the grand duke. i swear to observe the constitution and the laws of the country." chapter ii. public freedoms and fundamental rights article 9 the status of luxembourger is acquired, retained and lost in accordance with the rules determined by civil law. this constitution and other laws concerning political rights determine those which are, beyond this quality, conditions necessary for the exercise of these rights. by derogation of the preceding paragraph, the law can confer the exercise of political rights on non-luxembourgers. article 10 [abrogated] article 10bis luxembourgers are equal before the law. they are admissible to all public, civil and military employment; the law determines the admissibility of non-luxembourgers for such employment. article 11 the state guarantees the natural rights of the human person and of the family. women and men are equal in rights and duties. the state sees to active promotion of elimination of impediments which may exist in matters of equality between women and men. the state guarantees the protection of private life, save the exceptions established by the law. the law guarantees the right to work and the state sees to [the] assurance to each citizen [of] the exercise of this right. the law guarantees the syndical freedom and organizes the right to strike. the law regulates as to their principles[:] social security, the protection of health, the rights of workers, [and] the struggle against poverty and social integration of citizens affected by a handicap. the freedom of commerce and industry, the exercise of liberal professions and of agricultural labor are guaranteed, save for the restrictions established by the law. in matters of exercise of the liberal professions, the power to make regulations may be granted to professional organs endowed with civil personality. the law can submit these regulations to procedures of adoption, amendment or suspension without prejudice to the attributions of judicial or administrative tribunals. article 11bis the state guarantees the protection of the human and cultural environment, and works for the establishment of a durable equilibrium between the conservation of nature, in particular its capacity for renewal, and the satisfaction of the needs of present and future generations. article 12 individual freedom is guaranteed. no one may be prosecuted except in the cases specified by the law and in the form which it prescribes. no one may be arrested or detained [plac] except in the cases specified by the law and in the form which it prescribes. except in the case of flagrante delicto, no one may be arrested except by virtue of a substantiated order of a judge, which must be served, at the moment of the arrest, or at the latest within twenty-four hours. every person must be informed without delay of the means of legal recourse [they] have at [their] disposal to recover their freedom. article 13 no one may be deprived against his will of the judge that the law assigns to him. article 14 no penalty may be established or applied except by virtue of the law. article 15 the domicile is inviolable. an intrusion can only be made in the cases specified by the law and in the forms that it prescribes. article 16 one may only be deprived of his property for a reason of public utility and [with] consideration [of a] just indemnity, in the case and in the manner established by the law. article 17 the penalty of the confiscation of property may not be established. article 18 the death penalty may not be established. article 19 the freedom of religions, that of their public exercise, as well as the freedom to manifest religious opinions, are guaranteed, save for the repression of crimes committed on the occasion of the practice of these freedoms. article 20 no one may be forced to take part in any manner whatsoever in the acts and ceremonies of a religion or to observe its days of rest. article 21 civil marriage must always precede the nuptial benediction. article 22 the intervention of the state in the nomination and the installation of the leaders of religions, the mode of nomination and dismissal of other ministers of religions, the faculty of the former or the latter corresponding to their superiors and of the publication of their acts, as well as the relation between the church and the state, are subject to conventions submitted to the chamber of deputies for the provisions which necessitate its intervention. article 23 the state sees to the organization of primary education, which will be obligatory and free and to which access must be guaranteed to every person inhabiting the grand duchy. medical and social assistance is regulated by the law. it creates establishments of free secondary instruction and the necessary courses of higher education. the law determines the means of supporting public instruction as well as the conditions of supervision by the government and the communes; it regulates additionally all [matters] concerning education and provides, according to the criteria that it determines, a system of financial aid in favor of pupils and students. anyone is free to study in the grand duchy or abroad and to attend the universities of his choice, subject to the provisions of the law on the conditions of admission to employment [in], and to the exercise of[,] certain professions. article 24 the freedom to manifest one's opinion by speech in all matters, and the freedom of the press are guaranteed, save the repression of offenses committed on the occasion of the exercise of these freedoms. censorship may never be established. article 25 the constitution guarantees the right to assemble peacefully and unarmed in compliance with the laws that govern the exercise of this right, without having to be submitted to a prior authorization. this provision is not applicable to open-air political, religious or other meetings; these meetings remain entirely submitted to the laws and regulations of [the] police. article 26 the constitution guarantees the right of association, in compliance with the laws that govern the exercise of this right without having to be submitted to a prior authorization. article 27 everyone has the right to address to the public authorities, petitions signed by one or more persons. the constituted authorities alone have the right to address petitions collectively. article 28 the secrecy of correspondence is inviolable. the law determines those agents responsible for the violation of the secrecy of correspondence entrusted to the postal [services]. the law regulates the guarantee to be given to the secrecy of telegrams. article 29 the law regulates the use of languages in administrative and judicial matters. article 30 no prior authorization is required to exercise proceedings against public functionaries, for faults in their administration, save that which is established in this regard [concerning] the members of the government. article 31 the public functionaries, to whatever order they belong, the members of the government excepted, may only be deprived of their functions, honors and pensions in the manner determined by the law. chapter iii. the sovereign power article 32 the sovereign power resides in the nation. the grand duke exercises it conforming to this constitution and to the laws of the country. he has no powers other than those formally attributed to him by the constitution and the particular laws adopted by virtue of the same constitution, [and] all without prejudice to article 3 of this constitution. in the matters reserved to the law by the constitution, the grand duke can only make the regulations and orders to this end, under the conditions and following the modalities specified by the law. however, in the case of international crisis, the grand duke can, if there is urgency, act [prendre] in any matter [concerning] the regulations, likewise in derogation of existing legal provisions. the duration of the validity of these regulations is limited to three months. article 32bis the political parties participate in the formation of the popular will and in the expression of universal suffrage. they espouse [exprimer] pluralist democracy. section 1. the prerogative of the grand duke article 33 the grand duke is the head of state, symbol of its unity and guarantor of the national independence. he exercises the executive power conforming to the constitution and to the laws of the country. article 34 the grand duke promulgates the laws within three months of the vote of the chamber. article 35 the grand duke appoints to civil and military posts in conformity to the law, and save the exceptions made by it. a salaried function can only be created by the state by virtue of a legislative provision. article 36 the grand duke makes the regulations and decisions necessary for the execution of the laws. article 37 the grand duke makes the treaties. the treaties will not have effect before having been approved by the law and published in the forms specified for the publication of the laws. the treaties referred to in chapter iii, § 4 [and] article 49bis, are approved by a law voted under the conditions of article 114, paragraph 2. secret treaties are abolished. the grand duke makes the regulations and orders necessary for the execution of the treaties in the forms which regulate the measures of execution of the laws and with the effects which are attached to these measures, without prejudice to the matters which are reserved by the constitution to the law. cession, exchange [or] to addition of territory can only take place by virtue of a law. the grand duke commands the armed force; he declares war and the cessation of war after having been so authorized by a vote of the chamber taken under the conditions of article 114, paragraph 2 of the constitution. article 38 the grand duke has the right to remit or reduce the penalties pronounced by the judges, save that which is established concerning the members of the government. article 39 the grand duke has the right to mint money in execution of the law. article 40 the grand duke has the right to confer titles of nobility without ever [having] power to attach any privilege to them. article 41 the grand duke confers civil and military orders[,] observing in this regard that which the law provides. article 42 the grand duke may have himself represented by a prince of the blood, who shall bear the title of lieutenant of the grand duke and who [shall] reside in the grand duchy. this representative shall take an oath to observe the constitution before exercising his powers. article 43 the civil list is fixed at three hundred thousand gold francs per year. it may be changed by the law at the commencement of each reign. the budgetary law may allocate each year to the sovereign house the sums necessary to cover the expenses of representation. article 44 the grand ducal palace and the chateau of berg are reserved for the residence of the grand duke. article 45 all provisions of the grand duke must be countersigned by a member of the government. section 2. of legislation article 46 the assent of the chamber of deputies is required for each law. article 47 the grand duke addresses to the chamber the proposals or bills of law he wishes to submit to adoption. the chamber has the right to propose bills of law to the grand duke. article 48 the interpretation of the laws by way of authority may on take place by the law. section 3. of justice article 49 justice is rendered in the name of the grand duke by the courts and the tribunals. the orders and judgments are executed in the name of the grand duke. section 4. of the international powers article 49bis the exercise of the attributions reserved by the constitution to the legislative, executive and judicial powers may be temporarily vested by treaty in institutions of international law. chapter iv. of the chamber of deputies article 50 the chamber of deputies represents the country. the deputies vote without referring to their constituents and may only have in view the general interest of the grand duchy. article 51 the grand duchy of luxembourg is placed under a regime of parliamentary democracy. the organization of the chamber is regulated by law. the chamber is composed of 60 deputies. a law adopted under the provisions of article 114, paragraph 2 establishes the number of deputies to be elected in each of the circumscriptions. the election is direct. the deputies are elected on the basis of universal suffrage pure and simple, on [a party] list ballot, following the rules of proportional representation, conforming to the principle of the smallest electoral quotient and following the rules to be determined by the law. the country is divided into four electoral circumscriptions: the south with the cantons of esch-sur-alzette and capellen; the centre with the cantons of luxembourg and mersch; the north with the cantons of diekirch, redange, wiltz, clervaux and vianden; the east with the cantons of grevenmacher, remich and echternach. the electors may be called to decide by way of referendum in the cases and under the conditions to be determined by the law. article 52 to be an elector, it is necessary: to be a luxembourger [masculine] or luxembourger [feminine]; to enjoy civil and political rights; to have completed 18 years of age; to these three qualities shall be added those determined by the law. no tax condition may be required. to be eligible, it is necessary: to be a luxembourger [masculine] or luxembourger [feminine]; to enjoy civil and political rights; to have completed 18 years of age; to be domiciled in the grand duchy. no other condition of eligibility may be imposed. article 53 [the following] may neither be electors nor eligible: [persons] sentenced to criminal punishments; those who, in a correctional matter, are deprived of the right to vote by [their] sentence; [persons] of majority under guardianship. no other case of exclusion may be specified. the right to vote may be restored by the way of pardon to the persons who have lost it by penal sentence. article 54 the mandate of deputy is incompatible: with the functions of [a] member of the government; with those of [a] member of the council of state; with those of [a] magistrate of the judicial order; with those of [a] member of the court of accounts; with those of [a] district commissioners; with those of [a] collector or accounting officer of the state; with those of [a] military career in active service. the functionaries who find themselves in a case of incompatibility have the right to choose between the mandate confided in them [or] their functions. a deputy who has been called to the functions of [a] member of the government and who relinquishes these functions is reinstated of right as first substitute on the list on which he was elected. this will be the same for the substitute deputy who, called to the function of [a] member of the government, renounces the mandate of deputy devolving to him in the duration of these functions. in the event of a dispute between several [persons] having the right, reinstatement shall be made in order of votes obtained at the elections. article 55 the incompatibilities specified in the preceding article are not an impediment to the others which the law establishes in the future. article 56 the deputies are elected for five years. article 57 the chamber verifies the credentials [pouvoirs] of its members and judge the disputes which arise on the subject. on entering into their functions, they take the following oath: "i swear fidelity to the grand duke, obedience to the constitution and the laws of the state." this oath is taken at a public sitting presided over [entre les mains] by the president of the chamber. article 58 the deputy, appointed by the government to a salaried post which he accepts, ceases immediately to sit and resumes his functions only by virtue of a new election. article 59 all the laws are submitted to a second vote, unless the chamber, in agreement with the council of state, in a public sitting decides otherwise. there shall be an interval of at least three months between the two votes. article 60 at each session, the chamber appoints its president and its vice presidents and composes its bureau. article 61 the sittings of the chamber are public, save the exceptions determined by its regulations. article 62 every resolution is taken with the absolute majority of votes. in case the votes are equally divided, the measure under deliberation is rejected. the chamber may only take a resolution when the majority of its members are present. article 63 [abrogated] article 64 the chamber has the right of inquiry. the law regulates exercise of this right. article 65 the chamber votes on the whole of a law. the vote always takes place by roll call. at the demand of five deputies at least, the vote on the whole of a law may proceed by a vote concerning one or more articles of a law. vote by proxy is admitted. however no one may receive more than on proxy. article 66 the chamber has the right to amend and divide the articles and amendments proposed. article 67 it is forbidden to present petitions in person to the chamber. the chamber has the right to refer to the members of the government the petitions which are addressed to it. the members of the government shall provide explanations of their contents, whenever the chamber demands it. the chamber does not concern itself with any petition having individual interests for its object unless it is aimed at redressing grievances resulting from illegal acts of the government or the authorities or unless the decision to intervene lies [within] the competence of the chamber. article 68 no action, neither civil, nor penal, can be directed against a deputy as a result of the opinion or vote cast by him in the exercise of his functions. article 69 with the exception of the cases foreseen by article 68, the deputies may be prosecuted in penal matter[s], for the duration of the session. likewise, the arrest of a deputy for the duration of the session is, except in the case of flagrante delicto, submitted to the previous authorization of the chamber the authorization of the chamber is not required for the execution of penalties, even those which deprive freedom, pronounced against a deputy. article 70 the chamber determines in it regulations the manner in which it exercises its attributions. article 71 the sittings of the chamber are held in the place of the residence of the administration of the grand duchy. article 72 the chamber meets each year in ordinary session at the time specified by [its] regulations. the grand duke may convoke the chamber extraordinarily; he must do so on the demand of one-third of the deputies. every session is opened and closed by the grand duke in person, or in his name by [his] proxy appointed for that purpose. article 73 [abrogated] article 74 the grand duke can dissolve the chamber. new elections are held at the latest within three months of the dissolution. article 75 the members of the chamber of deputies shall receive, in addition to their traveling expenses, an indemnity, of which the amount and conditions are determined by the law. chapter v. of the government of the grand duchy article 76 the grand duke regulates the organization of his government, which is comprised of three members at least. in the exercise of the power attributed to him by articles 36 and 37, paragraph 4 of the constitution, the grand duke can, in the cases that he determines, entrust [charger] the members of his government to adopt measures of execution. article 77 the grand duke appoints and dismisses the members of the government. article 78 members of the government are responsible. article 79 there is no intermediate authority between the members of the government and the grand duke. article 80 members of the government have access to the chamber and must be heard when they demand it. the chamber may demand their presence. article 81 in no case may an oral or written order of the grand duke relieve a member of the government of his responsibility. article 82 the chamber has the right to accuse members of the government. a law shall determine the cases of responsibility, the penalties to be inflicted and the mode of procedure, either on the accusation admitted by the chamber or the action brought by the injured parties. article 83 the grand duke may only pardon a condemned member of the government at the request [demande] of the chamber. chapter vbis. of the council of state article 83bis the council of state is called to give its opinion on the bills and proposals of law and [of] amendments, which have been and are proposed, as well as on all other questions which have been referred to it by the government or by the laws. on the articles voted by the chamber conforming to article 65, it gives its opinion within the time period specified by the law. the organization of the council of state and the manner of the exercise of its attributions are regulated by the law. chapter vi. of justice article 84 disputes which have civil rights as their object are exclusively of the resort of the tribunals. article 85 disputes which are political rights as their object are of the resort of the tribunals, save the exceptions established by the law. article 86 a tribunal or a jurisdiction in contentious matters may only be established by virtue of a law. no extraordinary commissions or tribunals may be created under whatever denomination that may be. article 87 the organization of the superior court of justice is provided for by a law. article 88 the hearings of the tribunals are public, unless such publicity is a threat to order and morality, and in which case, the tribunal so declares by a judgment. article 89 every judgment is substantiated. it is pronounced in public hearing. article 90 the justices of the peace and the judges of the tribunals are directly appointed by the grand duke. the councillors of the court and presidents and vice presidents of the tribunals of the districts [arrondissement] are appointed by the grand duke on the advice of the superior court of justice. article 91 the justices of the peace, judges of the tribunals of the districts and the councillors of the superior court are irremovable. any of them may only be deprived of his post or suspended by a judgment. the transfer of one of these judges can only take place by a new appointment and with his consent. however, in the event of infirmity or misconduct, he may be suspended, dismissed or transferred, following the conditions determined by the law. article 92 the salaries of members of the judicial order are specified by the law. article 93 save in the cases of exception specified by the law, no judge may accept salaried functions of the government, unless he exercises them without compensation, without prejudice however to the cases of incompatibility determined by the law. article 94 particular laws regulate the organization of the military tribunals, their attributions, the rights and obligations of the members of these tribunals and the duration of their functions. the law also regulates the organization of the jurisdictions [in matters] of labor and the jurisdiction in matters of social security, their attributions, the mode of appointment of their members and the duration of their functions. article 95 the courts and tribunals only apply general and local orders and regulations when these comply with the laws. the superior court of justice settles the disputes of attribution following the mode determined by the law. article 95bis administrative dispute is the resort of the administrative tribunal and of the administrative court. these jurisdictions deal with fiscal disputes in the cases and under the conditions determined by the law. the law may create other administrative jurisdictions. the administrative court constitutes the supreme jurisdiction of the administrative order. the attributions and the organization of the administrative jurisdictions are regulated by the law. the magistrates of the administrative court and of the administrative tribunal are appointed by the grand duke. the appointments of the members of the administrative court, as well as the presidents and vice presidents of the administrative tribunals, are made, except for the first appointment, on the advice of the administrative court. the provisions of articles 91, 92 and 93 are applicable to the members of the administrative court and of the administrative tribunal. article 95ter the constitutional court decides, by means of opinion [arrt], on the conformity of laws with the constitution. the constitutional court may be referred to [a matter], under title of preliminary opinion [titre prejudiciel]. following the modalities to be determined by the law, by any jurisdiction to decide on the conformity of the laws, with the exception of the laws concerning the approval of treaties, with the constitution. the constitutional court is composed of the president of the superior court of justice, the president of the administrative court, two councillors of the court of cassation and of five magistrates appointed by the grand duke, on the joint advice of the superior court of justice and of the administrative court. the provisions of articles 91, 92 and 93 are applicable to them. the constitutional court consists of one chamber which sits with five magistrates. the organization of the constitutional court and the manner of the exercise of its attributions, are regulated by the law. chapter vii. of the public force article 96 all which concerns the armed force is regulated by the law. article 97 the organization and the attributions of the forces of [public] order is the subject of a law. article 98 a civil guard, whose organization is regulated by the law, may be formed. chapter viii. of finances article 99 a tax for the benefit of the state may only be established by a law. no loan charged to the state may be contracted without the assent of the chamber. no real property of the state may be alienated if the alienation is not authorized by a special law. however, a general law may determine a threshold below which a special authorization of the chamber is not required. any acquisition by the state of significant [importante] real property, any realization to the benefit of the state of a large infrastructure project or of a [project] of considerable construction [bdtiment], any significant financial commitment of the state must be authorized by a special law. a general law determines the thresholds above which this authorization is required. any charge [which] affects [grevant] the budget of the state for more than one fiscal period may only be established by a special law. any charge [or] any communal tax [imposition] may only be established with the consent of the communal council. the law determines the exceptions which experience has demonstrated are necessary concerning communal taxes. article 100 the taxes for the benefit of the state are voted annually. the laws which establish them only have force for one year, if they are not renewed. article 101 no privilege may be established in matters of tax. exemption or reduction may only be established by a law. article 102 save in the cases formally excepted by the law, payment may be required of citizens or of public establishments, [and] only under the title of taxes for the benefit of the state or of the commune. article 103 any pension, affective payment [traitment d'attente] [or] any gratuity charged to the treasury may only be granted in accordance with the law. article 104 each year, the chamber adopts [arrte] the law of accounts and votes the budget. all revenues and expenditures of the state must be shown in the budget and in the accounts. article 105 a court of accounts is responsible for the control of the financial management of the organs, administrations, and services of the state; the law may confer on it the other missions of control of the financial management of public funds. the attributions and the organization of the court of accounts as well as the modalities of its control and of the relations with the chamber of deputies are determined by the law. the members of the court of accounts are appointed by the grand duke on proposal by the chamber of deputies. the general account of the state is submitted to the chamber of deputies, accompanied by the observations of the court of accounts. article 106 the salaries and pensions of the ministers of the religions are a charge to the state and regulated by the law. chapter ix. of the communes article 107 the communes form autonomous collectivities on a territorial basis, possessing juridical personality and managing by their organs their patrimony and their own interests. there is in each commune a communal council directly elected by the inhabitants of the commune; the conditions to be an elector or eligible are regulated by the law. the council establishes annually the budget of the commune and orders the accounts. it may establish the communal regulations, except in case of urgency. it may establish communal taxes, with the approval of the grand duke. the grand duke has the right to dissolve the council. the commune is administered under the authority of the college of the mayors and aldermen , of which the members must be chosen from among the communal councillors. the conditions of nationality to which the members of the college of mayors and aldermen must comply are determined by a law voted under the conditions of article 114 paragraph 2 of the constitution. the law regulates the composition, the organization and the attributions of the organs of the commune. it establishes the status of the communal functionaries. the commune participates in the implementation of education in the manner specified by the law. the law regulates the supervision of the communal administration. it can submit certain acts of the communal organs to the approval of the supervising authority and equally see to their amendment or suspension in case of illegality or of incompatibility with the general interest, without prejudice to the attributions of the judicial or administrative tribunals. article 108 the wording of the acts of civil status and the maintaining of registers are exclusively within the attributions of the communal authorities. chapter x. of public establishments article 108bis the law may create public establishments, endowed with civil personality, of which it determines the organization and object. within the limits of their specialty, the power to adopt regulations may be granted to them by the law which may furthermore submit this regulation to the approval of the supervising authority or likewise in view of annulment or suspension in case of illegality, without prejudice to the judicial or administrative tribunals. chapter xi. general provisions article 109 the city of luxembourg is the capital of the grand duchy and the seat of government. the seat of the government may only be transferred temporarily for grave reasons. article 110 an oath may only be imposed pursuant to the law, it determines the formula. all civil public functionaries, before entering into their functions, take the following oath: "i swear fidelity to the grand duke, obedience to the constitution and to the laws of the state. i promise to fulfill my functions with integrity, exactitude and impartiality." article 111 every foreigner in the territory of the grand duchy enjoys the protection granted to persons and to property, save the exceptions established by the law. article 112 a law, a decree or a regulation of general or communal administration is only obligatory after having been published in the form determined by the law. article 113 no provisions of the constitution may be suspended. article 114 any revision of the constitution must be adopted in the same terms by the chamber of deputies in two successive votes, separated by an interval of at least three months. no revision will be adopted if it has not obtained at least two-thirds of the votes of the members of the chamber; votes by proxy will not be admitted. the text adopted in the first reading by the chamber of deputies is submitted to a referendum, which substitutes for the second vote of the chamber, if in the two months following the first vote demand for it is made[,] either by more than a quarter of the members of the chamber, or by twenty-five thousand electors inscribed in the electoral lists for legislative elections. the revision can only be adopted if it receives the majority of the valid suffrage expressed. the law governs the modalities of organization of the referendum. article 115 during a regency, no change can be made to the constitution concerning the constitutional prerogatives of the grand duke, his status as well as the order of succession. chapter xii. transitory and supplementary provisions article 116 until provided for by a law, the chamber of deputies shall have the discretionary power to accuse a member of the government, and the superior court of justice, in general assembly, shall judge him, characterizing the offense and determining the penalty. nevertheless, the penalty may not exceed that of confinement, without prejudice to cases expressly provided for by the penal laws. article 117 from the day the constitution is executory, all the laws, all the decrees, orders, regulations and other acts which are contrary to it are abrogated. article 118 the provisions of the constitution are not an obstacle to the approval of the statute of the international criminal court, done at rome on 17 july 1998, and to the execution of the obligations that result under the conditions specified by the said statute. article 119 pending the conclusion of the conventions referred to in article 22, the current provisions concerning the religions remain in force. article 120 until the promulgation of the laws and regulations referred to in the constitution the laws and regulations in force continue to be applicable. article 121 [abrogated] chapter i the republic (ss 1-2) 1. declaration of republic botswana is a sovereign republic. 2. public seal the public seal of the republic shall be such device as may be prescribed by or under an act of parliament. chapter ii. protection of fundamental rights and freedoms of the individual (ss 3-19) 3. fundamental rights and freedoms of the individual whereas every person in botswana is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his or her race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest to each and all of the following, namely— life, liberty, security of the person and the protection of the law; freedom of conscience, of expression and of assembly and association; and protection for the privacy of his or her home and other property and from deprivation of property without compensation, the provisions of this chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. 4. protection of right to life no person shall be deprived of his or her life intentionally save in execution of the sentence of a court in respect of an offence under the law in force in botswana of which he or she has been convicted. a person shall not be regarded as having been deprived of his or her life in contravention of subsection (1) of this section if he or she dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable— for the defence of any person from violence or for the defence of property; in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; for the purpose of suppressing a riot, insurrection or mutiny; or in order to prevent the commission by that person of a criminal offence, or if he or she dies as the result of a lawful act of war. 5. protection of right to personal liberty no person shall be deprived of his or her personal liberty save as may be authorized by law in any of the following cases, that is to say— in execution of the sentence or order of a court, whether established for botswana or some other country, in respect of a criminal offence of which he or she has been convicted; in execution of the order of a court of record punishing him or her for contempt of that or another court; in execution of the order of a court made to secure the fulfilment of any obligation imposed on him or her by law; for the purpose of bringing him or her before a court in execution of the order of a court; upon reasonable suspicion of his or her having committed, or being about to commit, a criminal offence under the law in force in botswana; under the order of a court or with the consent of his or her parent or guardian, for his or her education or welfare during any period ending not later than the date when he or she attains the age of 18 years; for the purpose of preventing the spread of an infectious or contagious disease; in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his or her care or treatment or the protection of the community; for the purpose of preventing the unlawful entry of that person into botswana, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from botswana, or for the purpose of restricting that person while he or she is being conveyed through botswana in the course of his or her extradition or removal as a convicted prisoner from one country to another; to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within botswana or prohibiting him or her from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person relating to the making of any such order, or to such extent as may be reasonably justifiable for restraining that person during any visit that he or she is permitted to make to any part of botswana in which, in consequence of any such order, his or her presence would otherwise be unlawful; or for the purpose of ensuring the safety of aircraft in flight. any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he or she understands, of the reasons for his or her arrest or detention. any person who is arrested or detained— for the purpose of bringing him or her before a court in execution of the order of a court; or upon reasonable suspicion of his or her having committed, or being about to commit, a criminal offence under the law in force in botswana, and who is not released, shall be brought as soon as is reasonably practicable before a court; and if any person arrested or detained as mentioned in paragraph (b) of this subsection is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him or her, he or she shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he or she appears at a later date for trial or for proceedings preliminary to trial. any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person. 6. protection from slavery and forced labour no person shall be held in slavery or servitude. no person shall be required to perform forced labour. for the purposes of this section, the expression "forced labour" does not include— any labour required in consequence of the sentence or order of a court; labour required of any person while he or she is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he or she is detained; any labour required of a member of a disciplined force in pursuance of his or her duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service; any labour required during any period of public emergency or in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation; or any labour reasonably required as part of reasonable and normal communal or other civic obligations. 7. protection from inhuman treatment no person shall be subjected to torture or to inhuman or degrading punishment or other treatment. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorizes the infliction of any description of punishment that was lawful in the country immediately before the coming into operation of this constitution. 8. protection from deprivation of property no property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except where the following conditions are satisfied, that is to say— the taking of possession or acquisition is necessary or expedient— in the interests of defence, public safety, public order, public morality, public health, town and country planning or land settlement; in order to secure the development or utilization of that, or other, property for a purpose beneficial to the community; or in order to secure the development or utilization of the mineral resources of botswana; and provision is made by a law applicable to that taking of possession or acquisition— for the prompt payment of adequate compensation; and securing to any person having an interest in or right over the property a right of access to the high court, either direct or on appeal from any other authority, for the determination of his or her interest or right, the legality of the taking of possession or acquisition of the property, interest or right, and the amount of any compensation to which he or she is entitled, and for the purpose of obtaining prompt payment of that compensation. no person who is entitled to compensation under this section shall be prevented from remitting, within a reasonable time after he or she has received any amount of that compensation, the whole of that amount (free from any deduction, charge or tax made or levied in respect of its remission) to any country of his or her choice outside botswana. subsection (1)(b)(i) of this section shall be deemed to be satisfied in relation to any 30 of 1969 law applicable to the taking of possession of minerals or the acquisition of rights to minerals if that law makes provision for the payment at reasonable intervals of adequate royalties. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (2) of this section to the extent that the law in question authorizes— the attachment, by order of a court, of any amount of compensation to which a person is entitled in satisfaction of the judgment of a court or pending the determination of civil proceedings to which he or she is a party; or the imposition of reasonable restrictions on the manner in which any amount of compensation is to be remitted. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) of this section— to the extent that the law in question makes provision for the taking of possession or acquisition of any property— in satisfaction of any tax, rate or due; by way of penalty for breach of the law whether under civil process or after conviction of a criminal offence under the law in force in botswana; as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract; in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations; in circumstances where it is reasonably necessary to do so because the property is in a dangerous state or injurious to the health of human beings, animals or plants; in consequence of any law with respect to the limitation of actions; or for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, for the purposes of the carrying out thereon of work of soil conservation or the conservation of other natural resources or work relating to agricultural development or improvement (being work relating to such development or improvement that the owner or occupier of the land has been required, and has without reasonable excuse refused or failed, to carry out), and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society; or to the extent that the law in question makes provision for the taking of possession or acquisition of— enemy property; property of a deceased person, a person of unsound mind, a person who has not attained the age of 21 years, a prodigal, or a person who is absent from botswana, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein; property of a person declared to be insolvent or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the insolvent or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; or property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court, or by order of a court, for the purpose of giving effect to the trust. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that the law in question makes provision for the compulsory taking of possession in the public interest of any property, or the compulsory acquisition in the public interest in or right over property, where that property, interest or right is held by a body corporate established by law for public purposes in which no moneys have been invested other than moneys provided by parliament. 9. protection for privacy of home and other property except with his or her own consent, no person shall be subjected to the search of his or her person or his or her property or the entry by others on his or her premises. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision— that is reasonably required in the interests of defence, public safety, public order, public morality, public health, town and country planning, the development and utilization of mineral resources, for the purpose of any census or in order to secure the development or utilization of any property for a purpose beneficial to the community; that is reasonably required for the purpose of protecting the rights or freedoms of other persons; that authorizes an officer or agent of the government of botswana, a local government authority or a body corporate established by law for a public purpose to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or duty or in order to carry out work connected with any property that is lawfully on those premises and that belongs to that government, authority or body corporate, as the case may be; or that authorizes, for the purpose of enforcing the judgment or order of a court in any civil proceedings, the search of any person or property by order of a court or entry upon any premises by such order, and except so far as that provision or, as the case may be, anything done under the authority thereof is shown not to be reasonably justifiable in a democratic society. 10. provisions to secure protection of law if any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established or recognized by law. every person who is charged with a criminal offence— shall be presumed to be innocent until he or she is proved or has pleaded guilty; shall be informed as soon as reasonably practicable, in a language that he or she understands and in detail, of the nature of the offence charged; shall be given adequate time and facilities for the preparation of his or her defence; shall be permitted to defend himself or herself before the court in person or, at his or her own expense, by a legal representative of his or her own choice; shall be afforded facilities to examine in person or by his or her legal representative the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on his or her behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and shall be permitted to have without payment the assistance of an interpreter if he or she cannot understand the language used at the trial of the charge, and except with his or her own consent the trial shall not take place in his or her absence unless he or she so conducts himself or herself as to render the continuance of the proceedings in his or her presence impracticable and the court has ordered him or her to be removed and the trial to proceed in his or her absence. when a person is tried for any criminal offence, the accused person or any person authorized by him or her in that behalf shall, if he or she so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court. no person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed. no person who shows that he or she has been tried by a competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he or she could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal. no person shall be tried for a criminal offence if he or she shows that he or she has been pardoned for that offence. no person who is tried for a criminal offence shall be compelled to give evidence at the trial. no person shall be convicted of a criminal offence unless that offence is defined and the penalty therefor is prescribed in a written law: provided that nothing in this subsection shall prevent a court of record from punishing any person for contempt of itself notwithstanding that the act or omission constituting the contempt is not defined in a written law and the penalty therefor is not so prescribed. any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established or recognized by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other adjudicating authority, the case shall be given a fair hearing within a reasonable time. except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other adjudicating authority, including the announcement of the decision of the court or other authority, shall be held in public. nothing in subsection (10) shall prevent the court or other adjudicating authority from excluding from the proceedings persons other than the parties thereto and their legal representatives to such extent as the court or other authority— may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory proceedings; or may be empowered by law to do so in the interests of defence, public safety, public order, public morality, the welfare of persons under the age of 18 years or the protection of the private lives of persons concerned in the proceedings. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of— subsection (2)(a) of this section to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts; subsection (2)(d) or (2)(e) of this section to the extent that the law in question prohibits legal representation before a subordinate court in proceedings for an offence under customary law (being proceedings against any person who, under that law, is subject to that law); subsection (2)(c) of this section to the extent that the law in question imposes reasonable conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; subsection (5) of this section to the extent that the law in question authorizes a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him or her shall in sentencing him or her to any punishment take into account any punishment awarded him or her under that disciplinary law; subsection (8) of this section to the extent that the law in question authorizes a court to convict a person of a criminal offence under any customary law to which, by virtue of that law, such person is subject. in the case of any person who is held in lawful detention, the provisions of subsection (1), subsection (2)(d) and (e) and subsection (3) of this section shall not apply in relation to his or her trial for a criminal offence under the law regulating the discipline of persons held in such detention. in this section "criminal offence" means a criminal offence under the law in force in botswana. 11. protection of freedom of conscience except with his or her own consent, no person shall be hindered in the enjoyment of his or her freedom of conscience, and for the purposes of this section the said freedom includes freedom of thought and of religion, freedom to change his or her religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his or her religion or belief in worship, teaching, practice and observance. every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education which it wholly maintains; and no such community shall be prevented from providing religious instruction for persons of that community in the course of any education provided at any place of education which it wholly maintains or in the course of any education which it otherwise provides. except with his or her own consent (or, if he or she is a minor, the consent of his or her guardian) no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion other than his or her own. no person shall be compelled to take any oath which is contrary to his or her religion or belief or to take any oath in a manner which is contrary to his or her religion or belief. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision which is reasonably required— in the interests of defence, public safety, public order, public morality or public health; or for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion without the unsolicited intervention of members of any other religion, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. 12. protection of freedom of expression except with his or her own consent, no person shall be hindered in the enjoyment of his or her freedom of expression, that is to say, freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his or her correspondence. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision— that is reasonably required in the interests of defence, public safety, public order, public morality or public health; or that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, regulating educational institutions in the interests of persons receiving instruction therein, or regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless, broadcasting or television; or that imposes restrictions upon public officers, employees of local government bodies, or teachers, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. 13. protection of freedom of assembly and association except with his or her own consent, no person shall be hindered in the enjoyment of his or her freedom of assembly and association, that is to say, his or her right to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his or her interests. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision— that is reasonably required in the interests of defence, public safety, public order, public morality or public health; that is reasonably required for the purpose of protecting the rights or freedoms of other persons; that imposes restrictions upon public officers, employees of local government bodies, or teachers; or for the registration of trade unions and associations of trade unions in a register established by or under any law, and for imposing reasonable conditions relating to the requirements for entry on such a register (including conditions as to the minimum number of persons necessary to constitute a trade union qualified for registration, or of members necessary to constitute an association of trade unions qualified for registration) and conditions whereby registration may be refused on the grounds that any other trade union already registered, or association of trade unions already registered, as the case may be, is sufficiently representative of the whole or of a substantial proportion of the interests in respect of which registration of a trade union or association of trade unions is sought, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. 14. protection of freedom of movement no person shall be deprived of his or her freedom of movement, and for the purposes of this section the said freedom means the right to move freely throughout botswana, the right to reside in any part of botswana, the right to enter botswana and immunity from expulsion from botswana. any restriction on a person's freedom of movement that is involved in his or her lawful detention shall not be held to be inconsistent with or in contravention of this section. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision— for the imposition of restrictions that are reasonably required in the interests of defence, public safety, public order, public morality or public health or the imposition of restrictions on the acquisition or use by any person of land or other property in botswana and except so far as that provision or, as the case may be, the thing done under the authority thereof, is shown not to be reasonably justifiable in a democratic society; for the imposition of restrictions on the freedom of movement of any person who is not a citizen of botswana; for the imposition of restrictions on the entry into or residence within defined areas of botswana of persons who are not bushmen to the extent that such restrictions are reasonably required for the protection or well-being of bushmen; for the imposition of restrictions upon the movement or residence within botswana of public officers; or [repealed.] if any person whose freedom of movement has been restricted by order under such a provision as is referred to in subsection (3)(a) of this section (other than a restriction which is applicable to persons generally or to general classes of persons) so requests at any time during the period of that restriction not earlier than six months after the order was made or six months after he or she last made such request, as the case may be, his or her case shall be reviewed by an independent and impartial tribunal presided over by a person, qualified to be enrolled as an advocate in botswana, appointed by the chief justice. on any review by a tribunal in pursuance of this section of the case of a person whose freedom of movement has been restricted, the tribunal may make recommendations, concerning the necessity or expediency of continuing the restriction to the authority by which it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations. 15. protection from discrimination on the grounds of race, etc subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision that is discriminatory either of itself or in its effect. subject to the provisions of subsections (6), (7) and (8) of this section, no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority. in this section, the expression "discriminatory" means affording different treatment to different persons, attributable wholly or mainly to their respective descriptions by race, tribe, place of origin, political opinions, colour, creed or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description. subsection (1) of this section shall not apply to any law so far as that law makes provision— for the appropriation of public revenues or other public funds; with respect to persons who are not citizens of botswana; with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law; for the application in the case of members of a particular race, community or tribe of customary law with respect to any matter whether to the exclusion of any law in respect to that matter which is applicable in the case of other persons or not; or whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society. nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that it makes reasonable provision with respect to qualifications for service as a public officer or as a member of a disciplined force or for the service of a local government authority or a body corporate established directly by any law. subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorized to be done by any such provision of law as is referred to in subsection (4) or (5) of this section. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 9, 11, 12, 13 and 14 of this constitution, being such a restriction as is authorized by section 9(2), 11(5), 12(2) 13(2), or 14(3), as the case may be. nothing in subsection (2) of this section shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this constitution or any other law. nothing contained in or done under the authority of any law shall be held to be inconsistent with the provisions of this section— if that law was in force immediately before the coming into operation of this constitution and has continued in force at all times since the coming into operation of this constitution; or to the extent that the law repeals and re-enacts any provision which has been contained in any written law at all times since immediately before the coming into operation of this constitution. 16. derogation from fundamental rights and freedoms nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of section 5 or 15 of this constitution to the extent that the law authorizes the taking during any period when botswana is at war or any period when a declaration under section 17 of this constitution is in force, of measures that are reasonably justifiable for the purpose of dealing with the situation that exists during that period. where a person is detained by virtue of such an authorization as is referred to in subsection (1) of this section the following provisions shall apply— he or she shall, as soon as reasonably practicable and in any case not more than five days after the commencement of his or her detention, be furnished with a statement in writing in a language that he or she understands specifying in detail the grounds upon which he or she is detained; not more than 14 days after the commencement of his or her detention, a notification shall be published in the gazette stating that he or she has been detained and giving particulars of the provision of law under which his or her detention is authorized; not more than one month after the commencement of his or her detention and thereafter during his or her detention at intervals of not more than six months, his or her case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person, qualified to be enrolled as an advocate in botswana, appointed by the chief justice; and he or she shall be afforded reasonable facilities to consult and instruct, at his or her own expense, a legal representative and he or she and any such legal representative shall be permitted to make written or oral representations or both to the tribunal appointed for the review of his or her case. on any review by a tribunal in pursuance of this section of the case of a detained person, the tribunal may make recommendations, concerning the necessity or expediency of continuing his or her detention, to the authority by which it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations. 17. declarations relating to emergencies the president may at any time, by proclamation published in the gazette, declare that a state of public emergency exists. a declaration under subsection (1) of this section, if not sooner revoked, shall cease to have effect— in the case of a declaration made when parliament is sitting or has been summoned to meet within seven days, at the expiration of a period of seven days beginning with the date of publication of the declaration; or in any other case, at the expiration of a period of 21 days beginning with the date of publication of the declaration, unless before the expiration of that period, it is approved by a resolution passed by the national assembly, supported by the votes of a majority of all the voting members of the assembly. subject to the provisions of subsection (4) of this section, a declaration approved by a resolution of the national assembly under subsection (2) of this section shall continue in force until the expiration of a period of six months beginning with the date of its being so approved or until such earlier date as may be specified in the resolution: provided that the national assembly may, by resolution, supported by the votes of a majority of all the voting members of the assembly, extend its approval of the declaration for periods of not more than six months at a time. the national assembly may by resolution at any time revoke a declaration approved by the assembly under this section. 18. enforcement of protective provisions subject to the provisions of subsection (5) of this section, if any person alleges that any of the provisions of sections 3 to 16 (inclusive) of this constitution has been, is being or is likely to be contravened in relation to him or her, then, without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the high court for redress. the high court shall have original jurisdiction— to hear and determine any application made by any person in pursuance of subsection (1) of this section; or to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3) of this section, and may make such orders, issue such writs and give such direction as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of sections 3 to 16 (inclusive) of this constitution. if in any proceedings in any subordinate court any question arises as to the contravention of any of the provisions of sections 3 to 16 (inclusive) of this constitution, the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question to the high court unless, in his or her opinion, the raising of the question is merely frivolous or vexatious. parliament may confer upon the high court such powers in addition to those conferred by this section as may appear to be necessary or desirable for the purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by this section. rules of court making provision with respect to the practice and procedure of the high court for the purposes of this section may be made by the person or authority for the time being having power to make rules of court with respect to the practice and procedure of that court generally. 19. interpretation and savings in this chapter, unless the context otherwise requires— "court" means any court of law having jurisdiction in botswana other than a court established by a disciplinary law, and in sections 4 and 6 of this constitution a court established by a disciplinary law; "disciplinary law" means a law regulating the discipline of any disciplined force; "disciplined force" means— a naval, military or air force; a police force; or a prison service; "legal representative" means a person entitled to practise in botswana as an advocate or attorney; "member", in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline. in relation to any person who is a member of a disciplined force raised under an act of parliament, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this chapter other than sections 4, 6 and 7. in relation to any person who is a member of a disciplined force raised otherwise than as aforesaid and lawfully present in botswana, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this chapter. chapter iii. citizenship (ss 20-29: repealed) [repealed.] chapter iv. the executive (ss 30-56) part i. the president and the vice-president (ss 30-41) 30. office of president there shall be a president of the republic of botswana who shall be the head of state. 31. first president the first president shall be the person who immediately before 30th september, 1966 holds the office of prime minister under the constitution. the first president shall be deemed to have assumed office at the coming into operation of this constitution. 32. election of president after dissolution of parliament whenever parliament is dissolved an election shall be held to the office of president in such manner as is prescribed by this section and, subject thereto, by or under an act of parliament. nominations in the election of a president shall be delivered to the returning officer on such day and at such time as may be prescribed by or under any law for the time being in force in botswana; the nomination of a candidate in an election of a president shall not be valid unless it is supported, in such manner as may be prescribed by or under an act of parliament, by not less than 1000 persons registered as voters for the purpose of elections to the assembly. the following provisions shall then apply— a person nominated as a parliamentary candidate may, at the time of his or her nomination and subject to the provisions of paragraph (b), declare in such manner as may be prescribed by or under an act of parliament which of the candidates in the election of president he or she supports, but the nomination of a parliamentary candidate shall be valid notwithstanding that the nomination paper does not contain such a declaration; such a declaration shall not be made in relation to any presidential candidate unless that candidate has signified, in such manner as may be prescribed by or under an act of parliament, his or her consent to the making of a declaration in his or her favour by that parliamentary candidate; where the parliamentary election is contested in any constituency a poll shall be taken in that constituency at which the votes shall be given by ballot, and for the purposes of that poll any parliamentary candidate who declared support in accordance with paragraph (a) for a particular presidential candidate shall use the same voting colour and symbol, if any, as may have been allocated under any law for the time being in force in botswana to that presidential candidate for the purposes of the presidential election; the returning officer shall declare to be elected as president any candidate for whom support has been declared in accordance with paragraph (a) above by not less than such number of persons elected as members of the national assembly in the parliamentary election as corresponds to more than half the total number of seats for elected members in the assembly, and if there is no such person the returning officer shall declare that no candidate has been elected. parliament may make provision whereby the time for nominating presidential candidates may be extended in the event of there being no qualified candidate nominated at the expiration of the time for the delivery of such nominations. where, at the expiration of the time for the delivery of nominations in the election of a president, more than one qualified candidate is validly nominated and any of those candidates dies before the commencement of the poll in the parliamentary election, the poll in the parliamentary election shall be countermanded, fresh nominations of parliamentary candidates shall take place in every constituency and a fresh election of a president shall be held in accordance with the foregoing provisions of this section. where— any candidate in an election of a president dies during the period commencing with the taking of the poll in the parliamentary election and ending when the result of the election has been ascertained and that candidate would, but for his or her death, have been entitled to have been declared elected as president under subsection (3) of this section; or the returning officer declares in accordance with the provisions of subsection (3)(d) of this section that no candidate has been elected, the new national assembly shall meet on such day (not being more than 14 days after the result of the election is ascertained or, as the case may be, the declaration that no candidate has been elected) as the speaker shall appoint, and shall elect a person to the office of president in such manner as is prescribed by section 35(5) of this constitution and subject thereto by or under an act of parliament. such an election shall take place before the election of the specially elected members of the national assembly. a person elected to the office of president under this section shall assume that office on the day upon which he or she is declared elected. without prejudice to the provisions of section 92 of this constitution, an elected member of the national assembly may, in the event of there being one or more successful election petitions following a general election, move, at the first sitting of the assembly after the resultant by-elections have been decided and the members thereby elected have taken their seats, that the president does not enjoy the support of the majority of the elected members of the assembly; and in the voting on that question the specially elected members of the assembly shall have no vote. if it appears as a result of the voting on that question that the president does not enjoy the support of a majority of the elected members of the assembly, the office of president shall become vacant. any elected member of the assembly may give notice to the president that he or she intends to move in the assembly a motion under subsection (8) and notwithstanding any other provision of this constitution the president shall not after receipt of any such notice be empowered to dissolve parliament before the conclusion of the sitting of the assembly mentioned in the said subsection (8). if the office of president becomes vacant in accordance with subsection (8) of this section the seats of the specially elected members of the assembly shall also become vacant, and the election of a person to the office of president shall take place before the election of the specially elected members. in this section— "parliamentary candidate" means a candidate in the parliamentary election; "the parliamentary election" means the general election to elect those members of the national assembly who are referred to in section 58(2)(a) of this constitution following any dissolution of parliament; "presidential candidate" means a candidate for the office of president; "the returning officer" means the returning officer specified in section 38 of this constitution. 33. qualification for election as president a person shall be qualified for election as president if, and shall not be qualified unless, he or she— is a citizen of botswana by birth or descent; has attained the age of 30 years; and is qualified to be elected as a member of the national assembly. notwithstanding any other law to the contrary, for the purposes of this section and section 39— the term "citizen by birth" shall be understood to include only those persons who became citizens of botswana prior to the amendment of the law relating to citizenship by the cap. 01:01 citizenship act; any person who, although his or her father was a citizen of botswana at the time of that person's birth, had, by virtue of his or her having been born outside botswana, to be registered as a citizen of botswana, under the law relating to citizenship in force at that time, shall be regarded as a citizen by descent. 34. tenure of office of president the president shall, subject to the provisions of this section, hold office for an aggregate period not exceeding 10 years beginning from the date of his or her first assumption of office of president after the commencement of this act. the president shall cease to hold the office of president if at any time during his or her tenure of office any circumstances arise that would, if he or she were not a member of the national assembly, cause him or her to be disqualified for election thereto. the president shall cease to hold office of president at the expiry of the period prescribed under subsection (1) of this section, or when the person elected at the next election of president following a dissolution of parliament assumes office. 35. vacancy in office of president whenever the president dies, resigns or ceases to hold office, the vice-president shall assume office as president with effect from the date of the death, resignation or ceasing to be president. if the office of president— becomes vacant in circumstances in which there is no vice-president; or is vacant whilst the vice-president is absent from botswana or is, by reason of physical or mental infirmity unable to perform the functions of his or her office, the functions of the office of president shall, until such time as a new president assumes office in accordance with this section or section 32 of this constitution, be performed by such minister as the cabinet shall appoint. for the purposes of this subsection, a certificate of the chief justice that the vice-president is by reason of physical or mental infirmity unable to discharge the functions of his or her office, shall, in respect of any period for which it is in force, be conclusive and shall not be questioned in any court. any person performing the functions of the office of president by virtue of subsection (1) or (2) of this section shall not exercise the power of the president to revoke the appointment of vice-president or to dissolve parliament. if the office of president becomes vacant, the national assembly shall, unless parliament is dissolved, and notwithstanding that it may be prorogued, meet on the seventh day after the office of president becomes vacant, or on such earlier day as may be appointed by the speaker, and shall elect a person to the office in such manner as is prescribed by the next following subsection and, subject thereto, by or under an act of parliament. in an election of a president under this section— the speaker shall preside at the meeting and conduct the election; a person may be a candidate if and shall not be a candidate unless he or she has been nominated as a candidate with his or her consent prior to the sitting of the national assembly at which the election takes place, by not less than 10 members of the national assembly entitled to vote in that election; at the election every member of the assembly except the speaker shall be entitled to vote; the votes of the members of the assembly who are entitled to vote shall be given by ballot in such manner as not to disclose how any particular member voted, and any person who receives the votes of more than one half of the total number of persons entitled to vote shall be declared elected as president; a person elected as president under this section shall assume the office of president on the day upon which he or she is declared to be elected; not more than three ballots shall be taken unless in the opinion of the speaker the holding of further ballots is likely to result in the election of a president, in which case not more than two further ballots may be taken; only one ballot shall be taken at any sitting of the assembly, and the speaker may adjourn the meeting at which a second or subsequent ballot is to be taken for such number of days (in addition to the days on which and to which the meeting is adjourned), not being more than two, as he or she thinks fit; if there is no candidate duly nominated for the first ballot in accordance with paragraph (b) or if after the number of ballots permitted under paragraph (f) have been taken no candidate has been declared elected parliament shall stand dissolved or, in the case of a presidential election held in accordance with section 32(6) of this constitution, the foregoing general election shall be void. no business other than the election of a president shall be transacted at a meeting of the national assembly under subsection (4) of this section or under section 32(6) of this constitution and such a meeting or any sitting thereof shall not be regarded as a meeting or sitting of the assembly for the purposes of any other provision of this constitution. at any time when the office of speaker is vacant or the holder of that office is unable by reason of absence or illness to exercise the functions vested in him or her by this section and section 32(6) of this constitution, those functions may be exercised by the deputy speaker of the national assembly or, if there is no deputy speaker or the deputy speaker is unable by reason of absence or illness to exercise those functions, by such member of the assembly (not being the president or vice-president or a minister or assistant minister) as the assembly may elect for that purpose. 36. discharge of functions of president during absence, illness, etc whenever the president is absent from botswana or considers it desirable to do so by reason of illness or any other cause he or she may, by directions in writing, authorize— the vice-president; or during any period when there is no vice-president or the vice-president is absent from botswana or is, by reason of physical or mental infirmity, unable to perform the functions of his or her office, some other minister, to discharge such of the functions of the office of president as he or she may specify, and the vice-president or other minister may discharge those functions until his or her authority is revoked by the president. if the president is incapable by reason of physical or mental infirmity of discharging the functions of his or her office and the infirmity is of such a nature that the president is unable to authorize another person under this section to perform those functions— the vice-president; or during any period when there is no vice-president or the vice-president is absent from botswana or the vice-president is, by reason of physical or mental infirmity, unable to perform the functions of his or her office, such minister as the cabinet shall appoint, shall perform the functions of the office of president. a person performing the functions of the office of president under this section shall not exercise the power of the president to revoke the appointment of the vice-president or to dissolve parliament. a person performing the functions of the office of president by virtue of subsection (2) of this section shall cease to perform those functions if he is notified by the president that the president is about to resume those functions. for the purposes of this section, a certificate of the chief justice that— the president is incapable by reason of physical or mental infirmity of discharging the functions of his or her office and the infirmity is of such a nature that the president is unable to authorize another person under this section to perform the functions of his or her office; or the vice-president is by reason of physical or mental infirmity unable to discharge the functions of his or her office, shall, in respect of any period for which it is in force, be conclusive and shall not be questioned in any court: provided that any such certificate as is referred to in paragraph (a) of this subsection shall cease to have effect if the president notifies any person under subsection (4) of this section that he or she is about to resume the functions of the office of president. 37. oath of president a person assuming the office of president shall, before entering upon the duties of that office, take and subscribe such oaths as may be prescribed by parliament. 38. returning officer at elections of president the chief justice shall be the returning officer for the purposes of elections to the office of president. any question which may arise as to whether— any provision of this constitution or any law relating to the election of a president under section 32 or 35 of this constitution has been complied with; or any person has been validly elected as president under those sections, shall be referred to and determined by the returning officer whose decision shall not be questioned in any court. 39. vice president there shall be a vice-president who shall be appointed by the president from among the elected members of the national assembly who are citizens of botswana by birth or descent, which appointment shall be endorsed by the said elected members. the vice-president shall continue in office until a person elected at the next election of president under section 32 or 35 of this constitution assumes office: provided that the office of vice-president shall become vacant— if the appointment of the holder of the office is revoked by the president; or if the holder of the office ceases to be a member of the national assembly for any other reason than a dissolution of parliament. the vice-president shall not enter upon the duties of his or her office unless he or she has taken and subscribed the oath of allegiance and such oath for the due execution of his or her office as may be prescribed by parliament. if the vice-president is absent from botswana or is incapable by reason of illness or any other cause of discharging the functions of his or her office, the president may appoint a person, from among the members of the assembly, to perform the functions of the office of vice-president and any person so appointed may discharge those functions accordingly: provided that a person appointed under this subsection shall cease to perform the functions of the office of vice-president— if his or her appointment is revoked by the president; if he or she ceases to be a member of the assembly otherwise than by reason of a dissolution of parliament; upon the assumption by any person of the office of president; or upon the president giving him or her notice that the vice-president is about to resume his or her functions. where the vice-president is performing the functions of the office of president in accordance with section 35 or 36 of this constitution he or she may appoint a person, from among the members of the assembly, to perform the functions of the office of vice-president and any person so appointed may discharge those functions accordingly: provided that a person appointed under this subsection shall cease to perform the functions of the office of vice-president— if his or her appointment is revoked by the vice-president; if he or she ceases to be a member of the assembly otherwise than by reason of a dissolution of parliament; or if the vice-president ceases to perform the functions of the office of president. in this section references to members of the assembly shall, in the event of parliament being dissolved, be construed as references to those persons who immediately before the dissolution were members of the assembly. 40. salary and allowances of president the president shall receive such salary and allowances as may be prescribed by resolution of the national assembly, which shall be a charge on the general revenues of the republic. the salary and allowances of the president shall not be altered to his or her disadvantage during his or her period of office. a person who has held the office of president shall receive such pension or, upon the expiration of his or her term of office, such gratuity as may be prescribed by resolution of the national assembly, which shall be a charge on the consolidated fund. 41. protection of president in respect of legal proceedings whilst any person holds or performs the functions of the office of president no criminal proceedings shall be instituted or continued against him or her in respect of anything done or omitted to be done by him or her either in his or her official capacity or in his or her private capacity and no civil proceedings shall be instituted or continued in respect of which relief is claimed against him or her in respect of anything done or omitted to be done in his or her private capacity. where provision is made by law limiting the time within which proceedings of any description may be brought against any person, the term of any person in the office of president shall not be taken into account in calculating any period of time prescribed by that law which determines whether any such proceedings as are mentioned in subsection (1) of this section may be brought against that person. part ii. the cabinet (ss 42-46) 42. ministers and assistant ministers there shall be such offices of minister of the government (not exceeding six or such other number as parliament may from time to time provide) as may be established by parliament or, subject to the provisions of any act of parliament, by the president. there shall be such offices of assistant minister (not exceeding three or such number as parliament may from time to time provide) as may be established by parliament or, subject to the provisions of any act of parliament, by the president. appointments to the office of minister or assistant minister shall be made by the president from among members of the national assembly: provided that— not more than four persons may be appointed as minister or assistant minister from amongst persons who are not members of the assembly but are qualified for election as such; and if occasion arises for making an appointment to the office of a minister or an assistant minister while parliament is dissolved a person who was a member of the assembly before the dissolution may be appointed as a minister or an assistant minister. 43. tenure of office of ministers and assistant ministers the office of any minister or assistant minister shall become vacant— in the case of a minister or assistant minister appointed from among the members of the national assembly, or in the case of a minister or assistant minister appointed from among persons who are not members of the assembly who becomes a member of the assembly before the expiration of four months from the date of his or her appointment— if he or she ceases to be a member of the national assembly otherwise than by reason of a dissolution of the national assembly; or if, at the first sitting of the assembly after a general election, he or she is not a member of the assembly; in the case of a minister or assistant minister appointed from among persons who are not members of the assembly, if before the expiration of four months from the date of his or her appointment— circumstances arise (other than a dissolution of the assembly) that, if he or she were such a member, would cause him or her to vacate his or her seat in the assembly; or he or she does not become a member of the assembly; if the holder of the office is removed from office by the president; upon the assumption by any person of the office of president. 44. cabinet there shall be a cabinet which shall consist of the president, vice-president and the ministers. there shall preside at meetings of the cabinet— the president; in the absence of the president, the vice-president; or in the absence of the president and the vice-president, such minister as the president may designate. the cabinet may act notwithstanding any vacancy in its membership. 45. oaths to be taken by ministers and assistant ministers the vice-president, a minister or an assistant minister shall not enter upon the duties of his or her office unless he or she has taken and subscribed the oath of allegiance and such oath for the due execution of his or her office as may be prescribed by parliament. 46. secretary to the cabinet there shall be a secretary to the cabinet whose office shall be a public office. the secretary to the cabinet shall have charge of the cabinet office and shall be responsible, in accordance with such instructions as may be given to him or her by the president, for arranging the business for, and keeping the minutes of, the cabinet, for conveying decisions of the cabinet to the appropriate person or authority, and shall have such other functions as the president may from time to time direct. part iii. executive functions (ss 47-56) 47. functions of president the executive power of botswana shall vest in the president and, subject to the provisions of this constitution, shall be exercised by him or her either directly or through officers subordinate to him or her. in the exercise of any function conferred upon him or her by this constitution or any other law the president shall, unless it is otherwise provided, act in his or her own deliberate judgment and shall not be obliged to follow the advice tendered by any other person or authority. nothing in this section shall prevent parliament from conferring functions on persons or authorities other than the president. 48. command of armed forces the supreme command of the armed forces of the republic shall vest in the president and he or she shall hold the office of commander in chief. the powers conferred on the president by subsection (1) of this section shall include— the power to determine the operational use of the armed forces; the power to appoint members of the armed forces, to make appointments on promotion to any office in the armed forces and to dismiss any member of the armed forces. the president may, by directions in writing and subject to such conditions as he or she may think fit, delegate to any member of the armed forces any of the powers mentioned in subsection (2) of this section. parliament may regulate the exercise of the powers conferred by or under this section. 49. functions of vice-president the vice-president shall be the principal assistant of the president in the discharge of his or her executive functions and shall be responsible, under the directions of the president, for such business of the government of botswana (including the administration of any department of government) as the president may assign to him or her. 50. functions of cabinet ministers and assistant ministers the cabinet shall be responsible for advising the president with respect to the policy of the government and with respect to such other matters as may be referred to it by the president and shall, subject to the provisions of this constitution, be responsible to the national assembly for all things done by or under the authority of the president, vice-president or any minister in the execution of his or her office. the president shall, so far as practicable and subject to the provisions of this constitution, consult the cabinet on matters of policy and the exercise of his or her functions. the obligation of the president to consult his or her cabinet and for the cabinet to accept responsibility under this section shall not apply to the exercise by the president of his or her powers in relation to the appointment or removal of the vice-president, ministers and assistant ministers, the dissolution of parliament, the prerogative of mercy, the assignment of responsibility to the vice-president or any minister and the specification of the functions of an assistant minister. a minister shall be responsible, under the direction of the president, for such business of the government of botswana (including the administration of any department of government) as the president may assign to him or her. an assistant minister shall— assist the president or the vice-president in the discharge of such of the functions of the office of president or vice-president as the president may specify; or assist such minister in the discharge of the functions assigned to him or her under subsection (4) of this section as the president may specify. 51. attorney-general there shall be an attorney-general appointed by the president whose office shall be a public office. a person shall not be qualified to be appointed to the office of attorney-general unless he or she is qualified to be appointed to the office of a judge of the high court. the attorney-general shall be the principal legal adviser to the government. a person holding the office of attorney-general shall vacate his or her office when he or she attains the age of 60 years or such other age as may be prescribed by parliament. 51a. director of public prosecutions there shall be a director of public prosecutions appointed by the president whose office shall be a public office and who shall be subject to the administrative supervision of the attorney-general. a person shall not be qualified to be appointed to the office of director of public prosecutions unless he or she is qualified to be appointed to the office of a judge of the high court. the director of public prosecutions shall have power in any case in which he or she considers it desirable to do soto institute and undertake criminal proceedings against any person before any court (other than a court martial) in respect of any offence alleged to have been committed by that person; to take over and continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and to discontinue, at any stage before judgment is delivered, any such criminal proceedings instituted or undertaken by himself or herself or any other person or authority. the powers of the director of public prosecutions under subsection (3) may be exercised by him or her in person or by officers subordinate to him or her acting in accordance with his or her general or special authority. for the purposes of this section any appeal from any judgment in any criminal proceedings before any court, or any case stated or question of law reserved for the purpose of any such proceedings, to any other court shall be deemed to be part of those proceedings: provided that the power conferred on the director of public prosecutions by subsection (3)(c) of this section shall not be exercised in relation to any appeal by a person convicted in any criminal proceedings or to any case stated or question of law reserved at the instance of such person. in the exercise of the functions vested in him or her by subsection (3) of this section the director of public prosecutions shall not be subject to the direction or control of any other person or authority: provided thatwhere any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority, and with the leave of the court; and before exercising his or her powers in relation to cases considered by the attorney-general to be of national importance, the director of public prosecutions shall consult the attorney-general. 52. permanent secretaries where any minister has been charged with responsibility for any department of government, he or she shall exercise general direction and control over that department and, subject to such direction and control, the department shall be under the supervision of a permanent secretary whose office shall be a public office. 53. prerogative of mercy the president may— grant to any person convicted of any offence a pardon, either free or subject to lawful conditions; grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence; substitute a less severe form of punishment for any punishment imposed on any person for any offence; and remit the whole or part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the government on account of any offence. 54. advisory committee on prerogative of mercy there shall be an advisory committee on the prerogative of mercy which shall consist of— the vice-president or a minister appointed by the president by instrument in writing under his or her hand; the attorney-general; and a person qualified to practise in botswana as a medical practitioner, appointed by the president by instrument in writing under his or her hand. a member of the committee appointed under subsection (1)(a) or (c) of this section shall hold his or her seat thereon for such period as may be specified in the instrument by which he or she was appointed: provided that his or her seat shall become vacant— in the case of a person who, at the date of his or her appointment, was the vice-president or a minister, if he or she ceases to be the vice-president or a minister; or if the president, by instrument in writing under his or her hand, so directs. the committee shall not be summoned except by the authority of the president who shall, as far as is practicable, attend and preside at all meetings of the committee, and, in the absence of the president, the member of the committee appointed under subsection (1)(a) of this section shall preside. the committee may act notwithstanding any vacancy in its membership and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings. subject to the provisions of this section, the committee may regulate its own procedure. 55. functions of advisory committee on prerogative of mercy where any person has been sentenced to death for any offence, the president shall cause a written report of the case from the trial judge, together with such other information derived from the record of the case or elsewhere as he may require, to be considered at a meeting of the advisory committee on the prerogative of mercy; and after obtaining the advice of the committee he or she shall decide whether to exercise any of his or her powers under section 53 of this constitution. the president may consult with the committee before deciding whether to exercise any of his or her powers under the said section 53 in any case not falling within subsection (1) of this section. 56. constitution of offices subject to the provisions of this constitution and of any act of parliament, the powers of constituting and abolishing offices for botswana shall vest in the president. chapter v. parliament (ss 57-94) part i. composition (ss 57-70) 57. parliament there shall be a parliament of botswana which shall consist of the president and a national assembly. 58. composition of national assembly the president shall be ex-officio a member of the national assembly, and shall be entitled to speak and to vote in all proceedings of the national assembly. in addition to the president the national assembly shall consist of— 57 elected members who shall be elected in accordance with the provisions of this constitution and subject thereto in accordance with the provisions of any act of parliament; and six specially elected members who shall be elected in accordance with the first schedule to this constitution and subject thereto in accordance with the provisions of any act of parliament. if a person who is not a member of the national assembly is elected to the office of speaker of the national assembly, that person shall, by virtue of holding that office, be a member of the assembly in addition to the members referred to in subsections (1) and (2) of this section. 59. speaker there shall be a speaker of the national assembly who shall be elected by the members of the assembly from among persons who are members of the assembly or from among persons who are not members of the assembly. the president, the vice-president, a minister, an assistant minister or a public officer shall not be qualified to be elected as speaker. the speaker shall vacate his or her office— if, having been elected from among the members of the national assembly, he or she ceases to be a member of the assembly otherwise than by reason of a dissolution of parliament or if he or she is required by virtue of section 68(2) to (3) of this constitution, to cease to perform his or her functions as a member of the assembly; if any circumstances arise that, if he or she were not speaker, would disqualify him or her for election as such; when the assembly first sits after any dissolution of parliament; or if he or she is removed from office by a resolution of the assembly supported by the votes of not less than two-thirds of all the members thereof. no business shall be transacted in the national assembly (other than an election to the office of speaker) at any time when the office of speaker is vacant. 60. deputy speaker there shall be a deputy speaker of the national assembly who shall be elected from among the persons who are members of the assembly other than the president, the vice-president, ministers or assistant ministers. the members of the national assembly shall elect a person to the office of deputy speaker when the assembly first sits after any dissolution and, if the office becomes vacant otherwise than by reason of the dissolution of the assembly, at the first sitting of the assembly after the office becomes vacant. the deputy speaker shall vacate his or her office— if he or she ceases to be a member of the national assembly, otherwise than by reason of a dissolution of parliament; if any circumstances arise that, if he or she were not deputy speaker, would disqualify him or her for election as such; if he or she is required, by virtue of section 68(2) to (3) of this constitution, to cease to perform his or her functions as a member of the assembly; if he or she is elected as speaker; if he or she is removed from office by a resolution of the assembly supported by the votes of not less than two-thirds of all the members of the assembly; or when the assembly first sits after any dissolution of parliament. 61. qualifications for election to national assembly subject to the provisions of section 62 of this constitution, a person shall be qualified to be elected as a member of the national assembly if, and shall not be qualified to be so elected unless— he or she is a citizen of botswana; he or she has attained the age of 18 years; he or she is qualified for registration as a voter for the purposes of the election of the elected members of the national assembly and is so registered; and he or she is able to speak, and, unless incapacitated by blindness or other physical cause, to read english well enough to take an active part in the proceedings of the assembly. 62. disqualifications for membership of national assembly no person shall be qualified to be elected as a member of the national assembly who— is, by virtue of his or her own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state; has been declared insolvent or adjudged or otherwise declared bankrupt under any law for the time being in force in botswana and has not been discharged, or has made a composition with his or her creditors and has not paid his or her debts in full; is certified to be insane or otherwise adjudged or declared to be of unsound mind under any law for the time being in force in botswana; is a member of the ntlo ya dikgosi; subject to such exceptions as may be prescribed by parliament, holds any public office, or is acting in any public office by virtue of a contract of service expressed to continue for a period exceeding six months; is under sentence of death imposed on him or her by a court in any part of the commonwealth, or is under a sentence of imprisonment (by whatever name called) exceeding six months imposed on him or her by such a court or substituted by competent authority for some other sentence imposed on him or her by such a court; holds, or is acting in, any office the functions of which involve any responsibility for, or in connection with, the conduct of any elections to the assembly or the compilation or revision of any electoral register for the purposes of such elections. parliament may provide that a person shall not be qualified for election to the national assembly for such period (not exceeding five years) as may be prescribed if he or she is convicted of any such offence connected with elections to the assembly as may be prescribed. for the purposes of this section two or more terms of imprisonment that are required to be served consecutively shall be regarded as a single term of imprisonment for the aggregate period of those terms, and no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine. 63. constituencies botswana shall be divided into as many constituencies as there are elected members of the national assembly and each of those constituencies shall return one member to the national assembly. 64. delimitation commission the judicial service commission shall, not later than 1st march, 1969, and thereafter at intervals of not less than five nor more than 10 years, appoint a delimitation commission consisting of a chairman and not more than four other members. notwithstanding the provisions of subsection (1) of this section, at any time when— parliament has made provision altering the number of seats of elected members in the national assembly; or a comprehensive national population census is held in botswana, the judicial service commission shall, as soon as practicable thereafter, appoint a delimitation commission. the chairman of a delimitation commission shall be selected from among persons who hold or have held high judicial office. no person shall be qualified to be appointed as chairman or member of a delimitation commission who— is a member of the national assembly; is or has been within the preceding five years actively engaged in politics; or is a public officer. a person shall be deemed to be actively engaged in politics or to have been so engaged during the relevant period if— he or she is, or was at any time during that period, a member of the national assembly; he or she is, or was at any time during that period, nominated as a candidate for election to the national assembly; or he or she is, or was at any time during that period, the holder of an office in any political organization that sponsors or supports, or has at any time sponsored or supported, a candidate for election as a member of the national assembly: provided that no person shall be disqualified from holding the office of chairman or member of a delimitation commission by reason only of the fact that he has been the speaker of the national assembly if he or she was elected to that office from amongst persons who were not members of the national assembly. the office of chairman or other member of the delimitation commission shall become vacant if circumstances arise that, were he or she not chairman or member of the delimitation commission, would disqualify him or her for appointment as such. if, after the appointment of the delimitation commission and before the commission has submitted its report under section 65, the office of chairman or any other member of the commission falls vacant or the holder of the office becomes unable for any reason to discharge his or her functions as a member of the commission, the judicial service commission may, subject to the provisions of subsections (3) to (5) of this section, appoint another person to be a member of the commission: provided that a member appointed under this section because of the inability of some other member to discharge his or her functions shall cease to be a member of the commission when, in the opinion of the judicial service commission, that other member is able to resume his or her functions as a member of the commission. 65. report of commission whenever a delimitation commission has been appointed the commission shall as soon as practicable submit to the president a report which shall state whether any alteration is necessary to the boundaries of the constituencies in order to give effect to subsection (2) of this section or in consequence of any alteration in the number of seats of elected members in the national assembly and where any alteration is necessary shall include a list of the constituencies delimited by the commission and a description of the boundaries of those constituencies. the boundaries of each constituency shall be such that the number of inhabitants thereof is as nearly equal to the population quota as is reasonably practicable: provided that the number of inhabitants of a constituency may be greater or less than the population quota in order to take account of natural community of interest, means of communication, geographical features, density of population, and the boundaries of tribal territories and administrative districts. in this section "population quota" means the number obtained by dividing the number of inhabitants of botswana (as ascertained by reference to the latest comprehensive national population census in botswana) by the number of constituencies into which botswana is divided under section 63 of this constitution. the president shall as soon as practicable after the submission of the report of the delimitation commission, by proclamation published in the gazette, declare the boundaries of the constituencies as delimited by the commission. a proclamation made under subsection (4) of this section shall come into force at the next dissolution of the national assembly after it is made. the commission may by regulation or otherwise regulate its own procedure and may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings: provided that any decision of the commission shall require the concurrence of a majority of all its members. in the exercise of its functions under this section the delimitation commission shall not be subject to the direction or control of any other person or authority. a delimitation commission shall stand dissolved upon the date on which its report is delivered to the president. 65a. appointment of independent electoral commission there shall be an independent electoral commission which shall consist of— a chairman who shall be a judge of the high court appointed by the judicial service commission; a legal practitioner appointed by the judicial service commission; and five other persons who are fit, proper and impartial, appointed by the judicial service commission from a list of persons recommended by the all party conference. where the all party conference fail to agree on all or any number of persons referred to in subsection (1)(c) of this section up to dissolution of parliament, the judicial service commission shall appoint such person or persons as are necessary to fill any vacancy. for the purposes of this section, “all party conference” means a meeting of all registered political parties convened from time to time by the minister. the first appointments of the chairman and the members of the commission shall be made not later than 31st january, 1999, and thereafter subsequent appointments shall be made at the last dissolution of every two successive lives of parliament. the chairman and the members of the commission shall hold office for a period of two successive lives of parliament. a person shall not be qualified to be appointed as a member of the independent electoral commission if— he or she has been declared insolvent or adjudged or otherwise declared bankrupt under any law in force in any part of the commonwealth and has not been discharged, or has made a composition with his or her creditors and has not paid his or her debts in full; or he or she has been convicted of any offence involving dishonesty in any country. a person appointed a member of the commission shall not enter upon the duties of the office of commissioner until he or she has taken and subscribed the oath of allegiance and such oath for the due execution of his or her office as may be prescribed by an act of parliament. the commission shall regulate its own procedure and proceedings. the chairman shall preside over all proceedings, and in his or her absence, the legal practitioner referred to in subsection (1)(b) shall preside over the proceedings. the quorum shall be four members, one of whom shall be the chairman or the said legal practitioner. all issues shall be decided by the decision of the majority of the members present and voting. the commission shall be responsible for— the conduct and supervision of elections of the elected members of the national assembly and members of a local authority, and conduct of a referendum; giving instructions and directions to the secretary of the commission appointed under section 66 in regard to the exercise of his or her functions under the electoral law prescribed by an act of parliament; ensuring that elections are conducted efficiently, properly, freely and fairly; and performing such other functions as may be prescribed by an act of parliament. the commission shall on the completion of any election conducted by it, submit a report on the exercise of its functions under the preceding provisions of this section to the minister for the time being responsible for matters relating to such elections, and that minister shall, not later than seven days after the national assembly first meets after he or she has received the report, lay it before the national assembly. 66. appointment of secretary to independent electoral commission there shall be a secretary to the independent electoral commission referred to in section 65a (in this section referred to as “the secretary”). the secretary shall be appointed by the president. the functions of the secretary shall, subject to the directions and supervision of the independent electoral commission, be to exercise general supervision over the registration of voters for elections of— the elected members of the national assembly; and the members of any local authority, and over the conduct of such elections. a person shall not be qualified to be appointed as secretary to the independent electoral commission if— he or she is not a citizen of botswana; he or she has been declared insolvent or adjudged or otherwise declared bankrupt under any law in force in any part of the commonwealth and has not been discharged, or has made a composition with his or her creditors and has not paid his or her debts in full; or he or she has been convicted of any offence involving dishonesty in any country. a person shall not enter upon the duties of the office of secretary until he or she has taken and subscribed to the oath of allegiance and such oath for the due execution of his or her office as may be prescribed by an act of parliament. for the purposes of the exercise of his or her functions under subsection (3) of this section, the secretary may give such directions as he or she considers necessary or expedient to any registering officer, presiding officer or returning officer relating to the exercise by that officer of his or her functions under any law regulating the registration of voters or the conduct of elections, and any officer to whom directions are given under this subsection shall comply with those directions. subject to the provisions of this section, a person holding office as secretary shall vacate that office on attaining the age of 65 years or such other age as may be prescribed by an act of parliament. a holder of the office of secretary may be removed from office only for inability to perform the functions of his or her office (whether arising from infirmity of body or mind or from any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section. if the president considers that the question of removing the secretary ought to be investigated then— he or she shall appoint a tribunal which shall consist of a chairman and not less than two members who hold or have held high judicial office; the tribunal shall enquire into and report on the facts thereof to the president and advise the president whether the secretary ought to be removed from office under this section for inability to perform the functions of his or her office or for misbehaviour. where a tribunal appointed under subsection (9) advises the president that the secretary ought to be removed for inability to perform the functions of his or her office or for misbehaviour, the president shall remove him or her from office. if the question of removing the secretary from office has been referred to a tribunal under subsection (9) of this section, the president may suspend him or her from performing the functions of his or her office, and any such suspension may at any time be revoked by the president and shall cease to have effect if the tribunal advises the president that the secretary ought not to be removed from office. 67. the franchise a person who— is a citizen of botswana or of any other country to which this section is applied by parliament; has attained the age of 18 years; and has either resided in botswana for a continuous period of at least 12 months immediately preceding the date on which he or she applies for registration as a voter or was born in botswana and is domiciled in botswana on the date on which he or she applies for registration as a voter, shall, unless he or she is disqualified for registration as a voter under any law, be entitled, upon his or her making application in that behalf at such time and in such manner as may be prescribed by any law, to be registered as a voter for the purposes of elections of elected members of the national assembly, and no other person may be so registered. a person who has not continuously resided in botswana for the period mentioned in paragraph (c) of subsection (1) of this section but has during the whole period retained his or her residence (or if he or she has more than one residence, his or her principal residence) in botswana and has been absent therefrom for some temporary purpose only shall be deemed for the purposes of the said paragraph (c) to have been resident in botswana during such absence. a person shall be entitled to be registered as a voter— in the constituency in which he or she has his or her residence, or if he or she has more than one residence in botswana in the constituency in which he or she has his or her principal residence; or in the case of a person who does not have a residence in botswana but is able to register in person, in the constituency in which he or she last resided, or in which he or she was born; or in the case of a person who is not resident in botswana and is unable to register in person, at such place as may be prescribed by parliament and registration at such place shall be treated as registration in the constituency in which he or she last resided, or in which he or she was born in botswana. a person shall be entitled to be registered as a voter in one constituency only. every person who is registered in any constituency as a voter for the purposes of elections of the elected members of the national assembly shall, unless he or she is disqualified by parliament from voting in such elections on the grounds of his or her having been convicted of an offence in connection with the elections or on the grounds of his or her having been reported guilty of such an offence by the court trying an election petition or on the grounds of his or her being in lawful custody at the date of the election, be entitled so to vote in that constituency in accordance with the provisions made by or under a law in that behalf; and no other person may so vote. 68. tenure of office of members the seat of an elected member or a specially elected member of the national assembly shall become vacant— upon the dissolution of parliament; if he or she is absent from the sittings of the assembly for such period and in such circumstances as may be prescribed in the rules of procedure of the assembly; subject to the provisions of subsections (2) to (3) of this section, if any circumstances arise that, if he or she were not a member of the assembly, would cause him or her to be disqualified for election thereto. if circumstances such as are referred to in paragraph (c) of the preceding subsection arise in relation to a member of the assembly by virtue of the fact that he or she is declared insolvent, adjudged to be of unsound mind, sentenced to death or imprisonment, or convicted of an election offence and it is open to the member to appeal against the decision (either with the leave of the court or other authority or without such leave), he or she shall forthwith cease to perform his or her functions as a member of the assembly but, subject to the next following subsection, he or she shall not vacate his or her seat until the expiration of a period of 30 days thereafter: provided that the speaker may, at the request of the member, from time to time extend that period for further periods of 30 days to enable the member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate 150 days shall not be given without the approval of the assembly signified by resolution. if, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the member of the assembly, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the member to appeal, he or she shall forthwith vacate his or her seat. if at any time before the member of the assembly vacates his or her seat such circumstances as aforesaid cease to exist, his or her seat shall not become vacant by reason of those circumstances, and he or she may resume the performance of his or her functions as a member of the assembly. 69. determination of questions as to membership of national assembly the high court shall have jurisdiction to hear and determine any question whether— any person has been validly elected as an elected member of the national assembly or the seat of any such member has become vacant; any person has been validly elected as speaker of the assembly or, having been so elected, has vacated the office of speaker. any question whether any person has been validly elected as a specially elected member of the national assembly or whether the seat of any such member has become vacant shall be determined by the speaker. parliament may make provision with respect to— the persons who may apply to the high court for the determination of any question under this section; the circumstances and manner in which the conditions upon which any such application may be made; and the powers, practice and procedure of the high court in relation to any such application. 70. clerk of the assembly there shall be a clerk of the national assembly and an assistant clerk of the national assembly and their offices shall be offices in the public service. there shall be such other offices in the department of the clerk of the assembly as may be prescribed by resolution of the national assembly and such offices shall be offices in the public service. part ii. general provisions relating to procedure in national assembly (ss 71-76) 71. oaths to be taken by speaker and members the speaker, before assuming the duties of his or her office, and every member of the national assembly before taking his or her seat therein, shall take and subscribe before the assembly the oath of allegiance. 72. presiding in assembly there shall preside at any sitting of the national assembly— the speaker; in the absence of the speaker, the deputy speaker; or in the absence of the speaker and the deputy speaker, such member of the assembly (not being the president or vice-president or a minister or assistant minister) as the assembly may elect for that sitting. 73. quorum in assembly if objection is taken by any member of the national assembly present that there are present in the assembly (besides the person presiding) less than one third of the members of the assembly and, after such interval as may be prescribed in the rules of procedure of the assembly, the person presiding ascertains that the number of members present is less than one third, he shall thereupon adjourn the assembly. 74. voting in assembly save as otherwise provided in this constitution, any question proposed for decision in the national assembly shall be determined by a majority of the votes of the members present and voting. [9 of 2005, s. 9.] the person presiding in the national assembly shall have neither an original vote nor a casting vote and if upon any question before the assembly the votes are equally divided the motion shall be lost. 75. unqualified persons sitting or voting any person who sits or votes in the national assembly knowing or having reasonable grounds for knowing that he or she is not entitled to do so shall be liable to a penalty not exceeding p50 or such other sum as may be prescribed by parliament for each day on which he or she so sits or votes in the assembly, which shall be recoverable by action in the high court at the suit of the attorney-general. 76. regulation of procedure in assembly subject to the provisions of this constitution, the national assembly may regulate its own procedure. the national assembly may act notwithstanding any vacancy in its membership (including any vacancy not filled when the assembly first meets after any dissolution) and the presence or participation of any person not entitled to be present or to participate in the proceedings of the assembly shall not invalidate those proceedings. part iii. ntlo ya dikgosi (ss 77-85) 77. establishment and composition of ntlo ya dikgosi there shall be a ntlo ya dikgosi for botswana which shall consist of not less than 33 nor more than 35 members which shall be constituted as follows— one person from each of the following areas, which person for the time being performs the functions of the office of kgosi in respect of such areasbarolong farms in the southern district, chobe in the north west district, ga malete in the south east district, ga mmangwato in the central district, ghanzi district, goo tawana in the north west district, kgalagadi district, kgatleng district, kweneng district, ngwaketse in the southern district, north east district, and tlokweng in the south east district; five persons who shall be appointed by the president; and such number of persons, not being more than 20, as may be selected under section 78(4)(c) of this constitution. notwithstanding the provisions of subsection (1)(a), the number of persons referred to in that subsection may, by virtue of section 78 (5), be less than 12, but not less than 10. 78. designation and selection of members to ntlo ya dikgosi except for the areas of ghanzi, chobe, kgalagadi and north east, the members for the areas referred to in section 77(1)(a) shall be designated to the ntlo ya dikgosi according to the established norms and practices of those areas. the members for the ghanzi, chobe, kgalagadi and north-east areas referred to in section 77(1)(a) shall be selected, from their own number, to the ntlo ya dikgosi by persons for the time being performing the functions of the office of kgosi within each of those areas. for the purpose of selecting the members under section 77(1)(c), there shall be 20 regions, as listed in the second schedule to this constitution, the boundaries of which shall be defined by an act of parliament. there shall be a regional electoral college for each region composed of paid dikgosana from that region up to and including a kgosi, which shall— when necessary, meet at a kgotla or other suitable venue; be chaired by a senior government official appointed by the minister responsible for local government; and select a member to the ntlo ya dikgosi for that region by election or in such other manner as the regional electoral college may agree. notwithstanding the provisions of section 77(1)(a) and subsections (2) and (4)(c) of this section, the areas of ghanzi and kgalagadi shall each have the option of either selecting one member under subsection (2) of this section or of each selecting two regional members under subsection (4)(c) of this section, but may not select members under both subsections. 79. qualifications for membership of ntlo ya dikgosi a person shall be qualified to be appointed under section 77(1)(b) as a member of the ntlo ya dikgosi if he or she— is a citizen of botswana; and has attained the age of 21 years. no person shall be qualified to be appointed, selected or designated as a member of the ntlo ya dikgosi if he or she— is, by virtue of his or her own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state; has been declared insolvent or adjudged or otherwise declared bankrupt under any law in force in any part of the commonwealth or any country with a comparable legal system and has not been discharged, or has made a composition with his or her creditors and has not paid his or her debts in full; is certified insane or otherwise adjudged or declared to be of unsound mind under any law for the time being in force in botswana; subject to such exceptions as may be prescribed by parliament, holds any public office, or is acting in any public office by virtue of a contract of service expressed to continue for a period exceeding six months; is under sentence of death imposed on him or her by a court in any part of the commonwealth or any country with a comparable legal system, or is under a sentence of imprisonment (by whatever name called) exceeding six months imposed on him or her by such a court or substituted by a competent authority for some other sentence imposed on him or her by such a court; holds, or is acting in, any office the functions of which involve any responsibility for, or in connection with, the conduct of any elections to the national assembly or the compilation or revision of any electoral register for the purposes of such elections; or is disqualified for election to the national assembly by virtue of provision made in pursuance of section 62 (2) of this constitution. for the purposes of this section, two or more terms of imprisonment that are required to be served consecutively shall be regarded as a single term of imprisonment for the aggregate period of those terms, and no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine. a member of the ntlo ya dikgosi shall not, while he or she is such a member, participate in party politics, but active participation in politics prior to being a member of the ntlo ya dikgosi shall not bar any person from being such a member. 80. oath of allegiance every member of the ntlo ya dikgosi shall, before taking his or her seat therein, take and subscribe before the ntlo ya dikgosi the oath of allegiance. 81. secretary to ntlo ya dikgosi there shall be a secretary to the ntlo ya dikgosi whose office shall be an office in the public service. 82. tenure of office of members of ntlo ya dikgosi a member of the ntlo ya dikgosi shall vacate his or her seat in the ntlo ya dikgosi— upon expiration of a period of five years from the date upon which he or she takes the oath of allegiance under section 80 of this constitution; if, having been designated or selected to the ntlo ya dikgosi as such, he or she ceases to be a person for the time being performing the functions of the office of kgosi; if he or she ceases to be qualified for membership of the ntlo ya dikgosi in terms of section 79; if he or she participates in party politics; or upon the dissolution of parliament, whichever occurs first. a member of the ntlo ya dikgosi shall be eligible for reselection, redesignation or reappointment, as the case may be, to the ntlo ya dikgosi. 83. rules of procedure of ntlo ya dikgosi subject to the provisions of this constitution, the ntlo ya dikgosi may, subject to the approval of the president, make rules regulating its own procedure and in particular, and without prejudice to the generality of the foregoing power, make rules for all or any of the following matterthe appointment or election and tenure of office of a chairman of the ntlo ya dikgosi; the time and place at which the ntlo ya dikgosi shall meet; the manner in which the views of the ntlo ya dikgosi shall be recorded and, if necessary, expressed to a minister, the national assembly, or to any other person or body; the regulation and orderly conduct of the proceedings of the ntlo ya dikgosi; [9 of 2005, s. 15.] 84. ntlo ya dikgosi may transact business notwithstanding vacancies the ntlo ya dikgosi shall not be disqualified for the transaction of business by reason of any vacancy among the members thereof including any vacancy not filled when the ntlo ya dikgosi is first constituted or is reconstituted at any time; and any proceedings therein shall be valid notwithstanding that some person who was not entitled to do so sat or voted in the ntlo ya dikgosi or otherwise took part in the proceedings. 85. functions of ntlo ya dikgosi the ntlo ya dikgosi shall consider the copy of any bill which has been referred to it under the provisions of section 88(2) of this constitution and the ntlo ya dikgosi shall be entitled to submit resolutions thereon to the national assembly. any resolution which has been submitted to the national assembly in accordance with the last foregoing subsection shall forthwith be laid before the assembly by the clerk of the assembly. any minister who is responsible for a bill such as is referred to in subsection (1) of this section, or his or her representative, may attend the proceedings of the ntlo ya dikgosi when the copy of the bill is being considered. any minister may consult the ntlo ya dikgosi in respect of any matter on which he or she desires to obtain the opinion of the ntlo ya dikgosi, and for that purpose the minister or his or her representative may attend the proceedings of the ntlo ya dikgosi. the ntlo ya dikgosi shall be entitled to discuss any matter within the executive or legislative authority of botswana of which it considers it is desirable to take cognizance in the interests of the tribes and tribal organizations it represents and to make representations thereon to the president, or to send messages thereon to the national assembly. a person attending the proceedings of the ntlo ya dikgosi by virtue of the provisions of subsection (3) or (4) of this section shall be entitled to take part in the proceedings of the ntlo ya dikgosi relating to the matter in respect of which he or she attends as if he or she were a member of the ntlo ya dikgosi: provided that he or she shall not be entitled to vote in the ntlo ya dikgosi. part iv. powers of parliament (ss 86-89) 86. legislative powers subject to the provisions of this constitution, parliament shall have power to make laws for the peace, order and good government of botswana. 87. mode of exercising legislative powers subject to the provisions of section 89(4) of this constitution the power of parliament to make laws shall be exercised by bills passed by the national assembly, after reference in the cases specified in section 88(2) of this constitution to the ntlo ya dikgosi, and assented to by the president. when a bill is presented to the president for assent he or she shall either assent or withhold his or her assent. where the president withholds his or her assent to a bill, the bill shall be returned to the national assembly. if where the president withholds his or her assent to a bill the assembly resolves within six months of the bill being returned to it that the bill should again be presented for assent, the president shall assent to the bill within 21 days of its being again presented to him or her, unless he or she sooner dissolves parliament. when a bill that has been duly passed and presented for assent is assented to in accordance with the provisions of this constitution it shall become law and the president shall thereupon cause it to be published in the gazette as a law. no law made by parliament shall come into operation until it has been published in the gazette, but parliament may postpone the coming into operation of any such law and may make laws with retrospective effect. all laws made by parliament shall be styled "acts" and the words of enactment shall be "enacted by the parliament of botswana". 88. introduction of bills except upon the recommendation of the president, which recommendation may be signified by the vice-president or a minister, the national assembly shall not— proceed upon any bill (including any amendment to a bill) that, in the opinion of the person presiding, makes provision for any of the following purposes— for the imposition of taxation or the alteration of taxation otherwise than by reduction; for the imposition of any charge upon the revenues or other funds of botswana or the alteration of any such charge otherwise than by reduction; for the payment, issue or withdrawal from any public fund of botswana of any moneys not charged thereon or any increase in the amount of such payment, issue or withdrawal; or for the composition or remission of any debt to the government of botswana; proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, would be to make provision for any of those purposes. the national assembly shall not proceed upon any bill (including any amendment to a bill) that, in the opinion of the person presiding, would, if enacted, alter any of the provisions of this constitution or affect— the designation, recognition, removal of powers of dikgosi or dikgosana; the organization, powers or administration of customary courts; customary law, or the ascertainment or recording of customary law; or tribal organization or tribal property, unless— a copy of the bill has been referred to the ntlo ya dikgosi after it has been introduced in the national assembly; and a period of 30 days has elapsed from the date when the copy of the bill was referred to the ntlo ya dikgosi. 89. alteration of constitution subject to the provisions of this section parliament may alter this constitution. a bill for an act of parliament under this section shall not be introduced into the national assembly unless the text of the bill has been published in the gazette not less than 30 days before it is so introduced. in so far as it alters any of the provisions of— chapter ii; sections 30 to 44 inclusive, 47 to 51 inclusive, and 56; sections 77 to 79 inclusive and section 85; chapter vii; or sections 117 to 120 inclusive and section 127 in its application to any of the provisions mentioned in this paragraph; sections 57, 63 to 66 inclusive, 86 to 89 inclusive, 90(2) and (3), 91(2), (3), (4) and (5), and 92; chapter vi; and section 127 in its application to any of the provisions mentioned in this paragraph, a bill for an act of parliament under this section shall not be passed by the national assembly unless— the final voting on the bill in the assembly takes place not less than three months after the previous voting thereon in the assembly; and at such final voting the bill is supported by the votes of not less than twothirds of all the members of the assembly. in so far as it alters any of the provisions mentioned in subsection (3)(b) of this section no bill shall be presented to the president for his or her assent unless after its passage by the assembly it has been submitted to the electors qualified to vote in the election of the elected members of the national assembly, and, on a vote taken in such manner as parliament may prescribe, the majority of the electors voting have approved the bill. in this section— references to any provision of this constitution include references to any provision of a law that alters that provision; and references to the alteration of any provision of this constitution include references to the amendment, modification or re-enactment, with or without modification, of that provision, the suspension or repeal of that provision and the making of a different provision in lieu thereof. part v. summoning, prorogation and dissolution (ss 90-93) 90. sessions of parliament each session of parliament shall be held at such place within botswana and shall commence at such time as the president may appoint. there shall be a session of parliament at least once in every year so that a period of six months shall not intervene between the last sitting of parliament in one session and the first sitting thereof in the next session. whenever parliament is dissolved a general election of the elected members of the assembly shall be held within 60 days of the date of the dissolution and a session of parliament shall be appointed to commence within 30 days of the date of that general election. 91. prorogation and dissolution of parliament the president may at any time prorogue parliament. subject to the provisions of this constitution, the president may at any time dissolve parliament. subject to the provisions of subsection (4) of this section, parliament, unless sooner dissolved, shall continue for five years from the date of the first sitting of the national assembly after any dissolution and shall then stand dissolved. at any time when botswana is at war, parliament may from time to time extend the period of five years specified in subsection (3) of this section for not more than 12 months at a time: provided that the life of parliament shall not be extended under this subsection for more than five years. if, after a dissolution of parliament and before the holding of the general election of the elected members of the national assembly, the president considers that, owing to the existence of a state of war or of a state of emergency in botswana or any part thereof, it is necessary to recall parliament, the president may summon the parliament that has been dissolved to meet and that parliament shall be deemed to be the parliament for the time being, but the general election of the elected members of the national assembly shall proceed and the parliament that has been recalled shall, if not sooner dissolved, again stand dissolved on the day before the day on which the election is held. 92. vote of no confidence in the government if the national assembly at any time passes a resolution supported by a majority of all the members of the assembly who are entitled to vote declaring that it has no confidence in the government of botswana, parliament shall stand dissolved on the fourth day following the day on which such resolution was passed, unless the president earlier resigns his or her office or dissolves parliament. 93. sittings of national assembly the president may at any time summon a meeting of the national assembly. subject to the provisions of this constitution, the sittings of the national assembly in any session of parliament after the commencement of that session shall be commenced at such times and on such days as the assembly shall appoint. part vi. interpretation (s 94) 94. votes of two-thirds of the assembly any reference in this constitution to the votes of two-thirds of the members of the assembly shall be construed as a reference to the votes of two-thirds of the members of the assembly excluding the person presiding. chapter vi. the judicature (ss 95-107) part i. the high court (ss 95-98) 95. jurisdiction and composition there shall be for botswana a high court which shall have unlimited original jurisdiction to hear and determine any civil or criminal proceedings under any law and such other jurisdiction and powers as may be conferred on it by this constitution or any other law. the judges of the high court shall be the chief justice and such number of other judges of the court as may be prescribed by parliament: provided that the office of a judge of the high court shall not be abolished while there is a substantive holder thereof. the high court shall be a superior court of record and, save as otherwise provided by parliament, shall have all the powers of such a court. the high court shall sit in such places as the chief justice may appoint. the high court shall have jurisdiction to supervise any civil or criminal proceedings before any subordinate court or any court martial and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of ensuring that justice is duly administered by any such court. the chief justice may make rules with respect to the practice and procedure of the high court in relation to the jurisdiction and powers conferred on it by subsection (5) of this section. the chief justice may appoint a rules of court advisory committee to assist him or her in reviewing and overhauling the rules made under subsection (6) and to advise on proposals to update and amend such rules. 96. appointment of judges of high court the chief justice shall be appointed by the president. the other judges of the high court shall be appointed by the president, acting in accordance with the advice of the judicial service commission. a person shall not be qualified to be appointed as a judge of the high court unless— he or she holds, or has held office, as a judge of a court having unlimited jurisdiction in civil and criminal matters in botswana, in a commonwealth country or in any country outside the commonwealth that may be prescribed by parliament or a court having jurisdiction in appeals from such a court; or he or she is qualified to practise as an advocate or attorney in such a court and has been qualified for not less than ten years to practise as an advocate or attorney in such a court; he or she is qualified to practise as an advocate or attorney and he or she has had the experience in the teaching of law in a recognised university for not less than ten years; or he or she is a chief magistrate who has held that office for not less than five years. in computing, for the purposes of subsection (3) of this section, the period during which any person has been qualified to practise as an advocate or attorney any period during which he or she has held judicial office after becoming so qualified shall be included. if the office of chief justice is vacant or if the chief justice is for any reason unable to perform the functions of his or her office, then, until a person has been appointed to and has assumed the functions of that office or until the chief justice has resumed those functions, as the case may be, those functions shall be performed by such one of the judges of the high court or such other person qualified for appointment as a judge of the high court as the president may appoint for that purpose: provided that— a person may be appointed under this subsection notwithstanding that he or she has attained the age of 70 years or such other age as may be prescribed for the purposes of section 97 of this constitution; a person appointed under this subsection, who is not a judge of the high court, may, notwithstanding the assumption or resumption of the functions of the office of chief justice by the holder of that office, continue to act as a judge of the high court for so long thereafter and to such extent as may be necessary to enable him or her to deliver judgment or to do any other thing in relation to proceedings that were commenced before him or her previously thereto. if the office of any judge of the high court is vacant, or if any such judge is appointed to act as chief justice, or is for any reason unable to perform the functions of his or her office, or if the president, acting after consultation with the chief justice, is satisfied that the state of business in the high court requires that the number of judges of the court should be temporarily increased, the president, acting in accordance with the advice of the judicial service commission, may appoint a person qualified for appointment as a judge of the high court to act as a judge of that court: provided that a person may be so appointed notwithstanding that he or she has attained the age of 70 years or such other age as may be prescribed for the purposes of section 88 of this constitution. any person appointed under subsection (6) of this section to act as a judge of the high court shall, subject to the provisions of section 97(4) and (5) of this constitution, continue to act for the period of his or her appointment or, if no such period is specified, until his or her appointment is revoked by the president, acting in accordance with the advice of the judicial service commission: provided that the president, acting in accordance with the advice of the judicial service commission, may permit a person whose appointment to act as a judge of the high court has expired or been revoked to continue to act as such a judge for such period as may be necessary to enable him or her to deliver judgment or to do any other thing in relation to proceedings that were commenced before him or her previously thereto. 97. tenure of office of judges of high court subject to the provisions of this section, a person holding the office of a judge of the high court shall vacate that office on attaining the age of 70 years or such other age as may be prescribed by parliament: provided that the president, acting in accordance with the advice of the judicial service commission, may permit a judge who has attained that age to continue in office for such period as may be necessary to enable him or her to deliver judgment or to do any other thing in relation to proceedings that were commenced before him or her before he or she attained that age. a judge of the high court may be removed from office only for inability to perform the functions of his or her office (whether arising from infirmity of body or mind or from any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section. if the president considers that the question of removing a judge of the high court under this section ought to be investigated then— he or she shall appoint a tribunal which shall consist of a chairman and not less than two other members, who hold or have held high judicial office; the tribunal shall enquire into the matter and report on the facts thereof to the president and advise the president whether the judge ought to be removed from office under this section for inability as aforesaid or for misbehaviour. where a tribunal appointed under subsection (3) of this section advises the president that a judge of the high court ought to be removed from office for inability as aforesaid or for misbehaviour, the president shall remove such judge from office. if the question of removing a judge of the high court from office has been referred to a tribunal under subsection (3) of this section, the president may suspend the judge from performing the functions of his or her office, and any such suspension may at any time be revoked by the president and shall in any case cease to have effect if the tribunal advises the president that the judge ought not to be removed from office. 98. oaths to be taken by judges of high court a judge of the high court shall not enter upon the duties of his or her office unless he or she has taken and subscribed such oath for the due execution of his or her office as may be prescribed by parliament. part ii. court of appeal (ss 99-102) 99. composition and jurisdiction there shall be a court of appeal for botswana which shall have such jurisdiction and powers as may be conferred on it by this constitution or any other law. the judges of the court of appeal shall be— the president of the court of appeal; such number, if any, of justices of appeal as may be prescribed by parliament; and the chief justice and the other judges of the high court: provided that parliament may make provision for the office of president of the court of appeal to be held by the chief justice ex-officio. the office of a justice of appeal shall not be abolished while there is a substantive holder thereof. the court of appeal shall be a superior court of record and save as otherwise provided by parliament shall have all the powers of such a court. 100. appointment of judges of court of appeal the president of the court of appeal shall, unless that office is held ex-officio by the chief justice, be appointed by the president. the justices of appeal, if any, shall be appointed by the president, acting in accordance with the advice of the judicial service commission. a person shall not be qualified to be appointed as a judge of the court of appeal unless— he or she holds, or has held office as, a judge of a court having unlimited jurisdiction in civil and criminal matters in botswana, in a commonwealth country or in any country outside the commonwealth that may be prescribed by parliament or a court having jurisdiction in appeals from such a court; or he or she is qualified to practise as an advocate or attorney in such a court and has been qualified for not less than ten years to practise as an advocate or attorney in such a court; or he or she is qualified to practise as an advocate or attorney and he or she has had experience in the teaching of law in a recognised university for not less than ten years. in computing, for the purposes of subsection (3) of this section, the period during which any person has been qualified to practise as an advocate or attorney any period during which he or she has held judicial office after becoming so qualified shall be included. if the office of president of the court of appeal is vacant or if the president of the court of appeal is for any reason unable to perform the functions of his or her office, then, until a person has been appointed to and has assumed the functions of that office or until the president of the court of appeal has resumed those functions, as the case may be, those functions shall be performed by such one of the other judges of the court of appeal or such other person qualified for appointment as a judge of the court of appeal as the president may appoint for that purpose: provided that— a person may be appointed under this subsection notwithstanding that he or she has attained the age of 70 years or such other age as may be prescribed for the purposes of section 101 of this constitution; a person appointed under this subsection, who is not a judge of the court of appeal, may, notwithstanding the assumption or resumption of the functions of the office of president of the court of appeal by the holder of that office, continue to act as a judge of the court of appeal for so long thereafter and to such extent as may be necessary to enable him or her to deliver judgment or to do any other thing in relation to proceedings that were commenced before him or her previously thereto. if the office of a justice of appeal is vacant or if any justice of appeal is appointed to act as chief justice or president of the court of appeal or is for any reason unable to perform the functions of his or her office, the president, acting in accordance with the advice of the judicial service commission, may appoint a person qualified for appointment as a justice of appeal to act as a justice of appeal: provided that a person may be so appointed notwithstanding that he or she has attained the age of 70 years or such other age as may be prescribed for the purposes of section 101 of this constitution. any person appointed under subsection (6) of this section to act as a justice of appeal, shall subject to the provisions of section 101(4) and (5) of this constitution, continue to act for the period of his or her appointment or, if no such period is specified, until his or her appointment is revoked by the president, acting in accordance with the advice of the judicial service commission: provided that the president, acting in accordance with the advice of the judicial service commission, may permit a person whose appointment to act as a justice of appeal has expired or been revoked to continue to act as such a judge for such period as may be necessary to enable him or her to deliver judgment or to do any other thing in relation to proceedings that were commenced before him or her previously thereto. 101. tenure of office of judges of court of appeal subject to the provisions of this section, a person holding the office of a judge of the court of appeal shall vacate that office on attaining the age of 70 years or such other age as may be prescribed by parliament: provided that— the president, acting in accordance with the advice of the judicial service commission, may permit a judge who has attained that age to continue in office for such period as may be necessary to enable him or her to deliver judgment or to do any other thing in relation to proceedings that were commenced before him or her before he or she attained that age; a person may be appointed as president of the court of appeal or as a justice of appeal for a fixed period of three years notwithstanding that he or she has attained the age referred to in this subsection or that he or she will before the expiry of his or her appointment have attained that age; and the appointment as president of the court of appeal or as justice of appeal serving for a fixed period under paragraph (ii) above shall not affect the date at which he or she is due to retire. a judge of the court of appeal may be removed from office only for inability to perform the functions of his or her office (whether arising from infirmity of body or mind or from any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section. if the president considers that the question of removing a judge of the court of appeal under this section ought to be investigated then— he or she shall appoint a tribunal which shall consist of a chairman and not less than two other members, who hold or have held high judicial office; the tribunal shall enquire into the matter and report on the facts thereof to the president and advise the president whether the judge ought to be removed from office under this section for inability as aforesaid or for misbehaviour. where a tribunal, appointed under subsection (3) of this section, advises the president that a judge of the court of appeal ought to be removed from office for inability as aforesaid or for misbehaviour, the president shall remove such judge from office. if the question of removing a judge of the court of appeal from office has been referred to a tribunal under subsection (3) of this section, the president may suspend the judge from performing the functions of his or her office, and any such suspension may at any time be revoked by the president and shall in any case cease to have effect if the tribunal advises the president that the judge ought not to be removed from office. 102. oaths to be taken by judges of court of appeal a judge of the court of appeal shall not enter upon the duties of his or her office unless he or she has taken and subscribed such oath for the due execution of his or her office as may be prescribed by parliament. part iii. judicial service commission (ss 103-104) 103. composition and procedure there shall be a judicial service commission for botswana which shall consist of— the chief justice who shall be chairman; the president of the court of appeal (not being the chief justice or the most senior justice of the court of appeal); the attorney-general; the chairman of the public service commission; a member of the law society nominated by the law society; and a person of integrity and experience not being a legal practitioner appointed by the president. a member nominated under paragraph (e) or appointed under paragraph (f) of subsection (1) shall hold office for a period of two years, but shall be eligible for re-nomination or re-appointment, as the case may be, for another term of office for two years: provided that— a member nominated under paragraph (e) may be removed from office by the rest of the members of the commission acting together only for inability of the member to discharge the functions of his or her office whether arising from infirmity of mind or body or any other cause or for gross misbehaviour; or a member appointed under paragraph (f) may be removed from office by the president only for inability of the member to discharge the functions of his or her office whether arising from infirmity of mind or body or any other cause or for gross misbehaviour. a member of the commission shall not enter upon the duties of his or her office until he or she has taken and subscribed such oath for the due execution of his or her office as may be prescribed by parliament. the judicial service commission shall not be subject to the direction or control of any other person or authority in the exercise of its functions under this constitution. the commission may regulate its own procedure and, subject to that procedure, may act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings. the decisions of the commission shall be by the vote of a majority of the members present, and in the event of an equality of votes, the chairman shall have a casting vote. 104. appointment, etc., of judicial officers power to appoint persons to hold or act in offices to which this section applies, to exercise disciplinary control over persons holding or acting in such offices and to remove such persons from office shall vest in the president acting in accordance with the advice of the judicial service commission. the offices to which this section applies are— the office of registrar of the court of appeal and high court; all offices of magistrate; such other offices of president or member of any court or connected with any court as may be prescribed by or under an act of parliament. in this section references to a court do not include references to a court martial. part iv. interpretation of the constitution (ss 105-106) 105. reference to high court of cases involving interpretation of constitution where any question as to the interpretation of this constitution arises in any proceedings in any subordinate court and the court is of the opinion that the question involves a substantial question of law, the court may, and shall, if any party to the proceedings so requests, refer the question to the high court. where any question is referred to the high court in pursuance of this section, the high court shall give its decision upon the question and the court in which the question arose shall, subject to any appeal, dispose of the case in accordance with that decision. 106. appeal to court of appeal an appeal shall lie as of right to the court of appeal from any decision of the high court which involves the interpretation of this constitution, other than a decision of the high court under section 69(1) of this constitution: provided that no appeal shall lie from a determination of the high court under this section dismissing an application on the ground that it is frivolous or vexatious. part v. judicial committee [repealed] chapter vii. the public service (ss 108-116) 108. power to specify qualifications for certain offices subject to the provisions of this constitution and of any act of parliament, power to specify the qualifications and disqualifications for holding such public offices as he or she may constitute shall vest in the president. 109. public service commission there shall be a public service commission for botswana which shall consist of a chairman and not less than two nor more than four other members. the members of the public service commission shall be appointed by the president. a person shall not be qualified for appointment as a member of the public service commission if he or she is a member of the national assembly or a public officer, or is or has within the two years immediately preceding his or her appointment been actively engaged in politics. for the purposes of this section a person shall be deemed to be or to have been actively engaged in politics in circumstances in which he or she would be deemed to be or to have been so engaged for the purposes of section 64(4)(b) of this constitution. subject to the provisions of this section, the office of a member of the public service commission shall become vacant— at the expiration of three years from the date of his or her appointment; if any circumstances arise that, if he or she were not a member of the commission, would cause him or her to be disqualified for appointment as such; or if he or she is removed from office in accordance with the provisions of subsection (6) of this section. subject to subsection (7) of this section a member of the public service commission may be removed from office by the president for inability to discharge the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour. if the president considers that the question of removing a member of the public service commission under subsection (6) of this section ought to be investigated, then— the president shall appoint a tribunal which shall consist of a chairman and not less than two other members selected by the chief justice from among persons who hold or have held high judicial office; and the tribunal shall enquire into the matter and report on the facts thereof to the president and recommend to him or her whether the member ought to be removed under subsection (6) of this section, and the president shall act in accordance with that recommendation. a member of the public service commission shall not be removed from office except in accordance with the provisions of this section. if the office of chairman of the public service commission is vacant or if the person holding that office is for any reason unable to perform the functions of his or her office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, those functions shall be performed by such one of the other members of the commission as may be designated in that behalf by the president. if at any time there are less than two members of the public service commission besides the chairman or if any such member is appointed to act as chairman or is for any reason unable to perform the functions of his or her office, the president may appoint a person who is qualified for appointment as a member of the commission to act as a member, and any person so appointed shall, subject to the provisions of subsection (5)(b) of this section, continue to act until the office in which he or she is acting is filled, or as the case may be, until the holder thereof resumes his or her functions or until his or her appointment to act is revoked by the president. except as provided in subsection (13) of this section the public service commission shall not be subject to the direction or control of any other person or authority in the exercise of its functions under this constitution. a member of the commission shall not enter upon the duties of his or her office until he or she has taken and subscribed the oath of allegiance and such oath for the due execution of his or her office as may be prescribed by parliament. provision may be made by or under an act of parliament prescribing the procedure of the commission and, subject thereto, the commission may regulate its own procedure. except as may be otherwise provided in its rules or procedure, the commission may act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings. any decision of the commission shall require the concurrence of a majority of all the members thereof. a member of the commission shall not, during the tenure of his or her office or during the three years immediately following such tenure, be eligible for appointment to any public office other than that of ambassador, high commissioner or other principal representative of botswana in any other country or accredited to any international organization. 110. appointment, etc., of public officers subject to the provisions of this section and of sections 111, 113 and 114 of this constitution, power to appoint persons to hold or to act in any office in the public service, to exercise disciplinary control over persons holding or acting in such offices and to remove from such offices shall vest in such person or persons as may be prescribed by act of parliament. the provisions of this section shall not apply in relation to the following offices, that is to say— the office of judge of the court of appeal or of the high court; any office to which section 104 or 112 of the constitution applies. before any person or persons as may have been prescribed under the provisions of subsection (1) exercise power to appoint to or to act in any public office any person who holds or is acting in any office the power to make appointments to which is vested by this constitution in the president acting in accordance with the advice of the judicial service commission such person shall consult with the judicial service commission. 111. appeals to president any person other than a member of the botswana police force or the prison service who has been removed from office or subjected to any other punishment by the exercise of any powers conferred on any person under the provisions of section 110 of this constitution may appeal to the public service commission who may dismiss such appeal or allow it wholly or in part. subject to the provisions of subsection (3) every decision of the public service commission under the provisions of this section shall be final. notwithstanding anything contained in subsection (2) if the public service commission dismisses an appeal or allows it in part only the person who appealed may appeal to the president. if any person appeals to the president in accordance with the provisions of subsection (3) of this section the president shall either dismiss the appeal or shall order that it be heard by a tribunal appointed by the president, the chairman of which shall be a person who holds or has held high judicial office or is qualified to be appointed as a judge of the high court. if the president appoints a tribunal to hear an appeal in accordance with subsection (4) of this section the tribunal shall hear the appeal and shall advise the president whether or not the appeal should be allowed either wholly or in part, and the president shall act in accordance with that advice. 112. powers of president in relation to certain public offices the power to appoint a person to hold or act in offices to which this section applies and to remove from office and to exercise disciplinary control over persons holding or acting in such offices shall, subject to the provisions of sections 113 and 114 of this constitution, vest in the president. the offices to which this section applies are— ambassador, high commissioner or other principal representative of botswana in any other country or accredited to any international organisation; secretary to the cabinet; attorney-general; director of public prosecutions; permanent secretary; commissioner of police; and any other superscale office (other than an office to which this constitution makes specific provision for appointment or an office to which appointment is made under the provisions of section 104 of this constitution) which may be prescribed by act of parliament. 113. tenure of office of director of public prosecutions subject to the provisions of this section, a person appointed as director of public prosecutions shall hold office for a 5 year renewable term or until he or she attains the age of 60 years, whichever is the earlier. a person holding the office of director of public prosecutions may be removed from office only for inability to perform the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour or for incompetence and shall not be so removed except in accordance with the provisions of this section. if the president considers that the question of removing a person holding the office of director of public prosecutions from office ought to be investigated thenhe or she shall appoint a tribunal which shall consist of a chairman and not less than two other members, who hold or have held high judicial office; and the tribunal shall enquire into the matter and report on the facts thereof to the president and advise the president whether the person holding the office of director of public prosecutions ought to be removed from office under this section for inability as aforesaid or for misbehaviour or for incompetence. where a tribunal appointed under subsection (3) of this section advises the president that a person holding the office of director of public prosecutions ought to be removed from office for inability as aforesaid or for misbehaviour or for incompetence, the president shall remove such person from office. if the question of removing a person holding the office of director of public prosecutions from office has been referred to a tribunal under this section, the president may suspend that person from performing the functions of his or her office, and any such suspension may at any time be revoked by the president and shall in any case cease to have effect if the tribunal advises the president that the person ought not to be removed from office. 114. tenure of office of auditor-general subject to the provisions of this section, a person holding the office of auditor-general shall vacate his or her office when he or she attains the age of 60 years or such other age as may be prescribed by parliament. a person holding the office of auditor-general may be removed from office only for inability to perform the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. if the national assembly resolves that the question of removing a person holding the office of auditor-general from office under this section ought to be investigated then— the assembly shall, by resolution, appoint a tribunal which shall consist of a chairman and not less than two other members, who hold or have held high judicial office; the tribunal shall enquire into the matter and report on the facts thereof to the assembly; the assembly shall consider the report of the tribunal at the first convenient sitting of the assembly after it is received and may, upon such consideration, by resolution, remove the auditor-general from office. if the question of removing a person holding the office of auditor-general from office has been referred to a tribunal under this section, the national assembly may, by resolution, suspend that person from performing the functions of his or her office, and any such suspension may at any time be revoked by the assembly by resolution and shall in any case cease to have effect if, upon consideration of the report of the tribunal in accordance with the provisions of this section, the assembly does not remove the auditor-general from office. 115. pensions laws and protection of pensions rights the law to be applied with respect to any pensions benefits that were granted to any person before the coming into operation of this constitution shall be the law that was in force at the date on which those benefits were granted or any law in force at a later date that is not less favourable to that person. the law to be applied with respect to any pensions benefits (not being benefits to which subsection (1) of this section applies) shall— in so far as those benefits are wholly in respect of a period of service as a public officer that commenced before the date on which this constitution comes into operation, be the law that was in force immediately before that date; and in so far as those benefits are wholly or partly in respect of a period of service as a public officer that commenced after the date on which this constitution comes into operation, be the law in force on the date on which that period of service commenced, or any law in force at a later date that is not less favourable to that person. where a person is entitled to exercise an option as to which of two or more laws shall apply in his or her case, the law for which he or she opts shall, for the purposes of this section, be deemed to be more favourable to him or her than the other law or laws. all pensions benefits shall (except to the extent to which under any law providing for the funding of pensions benefits they are a charge on a fund established by that law and have been duly paid out of that fund to the person or authority to whom payment is due) be a charge on the consolidated fund. in this section "pensions benefits" means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as public officers or as members of the armed forces or for the widows, children, dependants or personal representatives of such persons in respect of such service. references in this section to the law with respect to pensions benefits include (without prejudice to their generality) references to the law regulating the circumstances in which such benefits may be granted or in which the grant of such benefits may be refused, the law regulating the circumstances in which any such benefits that have been granted may be withheld, reduced in amount or suspended and the law regulating the amount of any such benefits. in this section references to service as a public officer include references to service as a public officer of the former protectorate of bechuanaland. 116. power of commissions in relation to pensions, etc where under any law any person or authority has a discretion— to decide whether or not any pensions benefits shall be granted; or to withhold, reduce in amount or suspend any such benefits that have been granted, those benefits shall be granted and may not be withheld, reduced in amount or suspended unless the appropriate commission concurs in the refusal to grant the benefits or, as the case may be, in the decision to withhold them, reduce them in amount or suspend them. where the amount of any pensions benefits that may be granted to any person is not fixed by law, the amount of the benefits to be granted to him or her shall be the greatest amount for which he or she is eligible unless the appropriate commission concurs in his or her being granted benefits of a smaller amount. the appropriate commission shall not concur under subsection (1) or subsection (2) of this section in action taken on the ground that any person who holds or has held the office of a judge of the court of appeal or of the high court or the auditor-general or director of prosecutions has been guilty of misbehaviour unless he or she has been removed from office by reason of such misbehaviour. in this section "the appropriate commission" means— in the case of benefits for which any person may be eligible in respect of the service in the public service of a person who, immediately before he ceased to be a public officer, was subject to the disciplinary control of the judicial service commission or that have been granted in respect of such service, the judicial service commission; in any other case, the public service commission. in this section "pensions benefits" means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as public officers (including service as public officers of the former protectorate of bechuanaland) or for the widows, children, dependants or personal representatives of such persons in respect of such service. chapter viii. finance (ss 117-124) 117. consolidated fund all revenues or other moneys raised or received for the purposes of the government of botswana (not being revenues or other moneys that are payable by or under any law into some other fund established for a specific purpose or that may by or under any law be retained by the department of government that received them for the purposes of defraying the expenses of that department) shall be paid into and form one consolidated fund. 118. withdrawals from consolidated fund or other public funds no moneys shall be withdrawn from the consolidated fund except— to meet expenditure that is charged upon the fund by this constitution or by any act of parliament; where the issue of those moneys has been authorized by an appropriation act, by a supplementary estimate approved by resolution of the national assembly or by a law enacted in pursuance of section 120 of this constitution. no moneys shall be withdrawn from any public fund of botswana other than the consolidated fund unless the issue of those moneys has been authorized by or under a law. no moneys shall be withdrawn from the consolidated fund except in the manner prescribed by parliament. the deposit of any moneys forming part of the consolidated fund with a bank or with the crown agents for overseas governments and administrations or the investment of any such moneys in securities in which, under the law for the time being in force in botswana, trustees are authorized to invest, or the making of advances to such extent and in such circumstances as may be prescribed by parliament, shall not be regarded as a withdrawal of those moneys from the fund for the purposes of this section. 119. authorization of expenditure the minister for the time being responsible for finance shall cause to be prepared and laid before the national assembly, before or not later than 30 days after the commencement of each financial year, estimates of the revenues and expenditure of botswana for that year. the organisations of expenditure contained in the estimates for a financial year (other than expenditure charged upon the consolidated fund by this constitution or any other law) shall be included in a bill to be known as an appropriation bill which shall be introduced into the assembly to provide for the issue from the consolidated fund of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified in the said bill. if in any financial year it is found— that the amount appropriated by the appropriation act for the purposes included in any organisation of expenditure is insufficient or that a need has arisen for expenditure for a purpose for which no amount has been appropriated by the appropriation act; or that any moneys have been expended on any organisation of expenditure in excess of the amount appropriated for the purposes included in that organisation by the appropriation act or for a purpose for which no amount has been appropriated by the appropriation act, a supplementary estimate showing the sums required or spent shall be laid before the national assembly and the organisations of expenditure shall be included in a supplementary appropriation bill, or in a motion or motions approving such expenditure, which shall be introduced or moved in the assembly. where any supplementary expenditure has been approved in a financial year by a resolution of the national assembly in accordance with the provisions of subsection (3) of this section, a supplementary appropriation bill shall be introduced in the national assembly, not later than the end of the financial year next following, providing for the appropriation of the sums so approved. 120. authorization of expenditure in advance of appropriation parliament may make provision under which, if the appropriation act in respect of any financial year has not come into operation by the beginning of that financial year, the president may authorize the withdrawal of moneys from the consolidated fund for the purpose of meeting expenditure necessary to carry on the services of the government until the expiration of four months from the beginning of that financial year or the coming into operation of the appropriation act, whichever is the earlier. 121. contingencies fund parliament may make provision for the establishment of a contingencies fund and for authorizing the president, if satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from that fund to meet that need. where any advance is made from the contingencies fund, a supplementary estimate shall be laid before the national assembly as soon as possible for the purpose of replacing the amount so advanced. 122. remuneration of certain officers there shall be paid to the holders of the offices to which this section applies such salaries and such allowances as may be prescribed by parliament. the salaries and any allowances payable to the holders of the offices to which this section applies shall be a charge on the consolidated fund. the salary payable to the holder of any office to which this section applies and his or her terms of office, other than allowances, shall not be altered to his or her disadvantage after his or her appointment. where a person's salary or terms of office depend upon his or her option, the salary or terms for which he or she opts shall, for the purposes of subsection (3) of this section, be deemed to be more advantageous to him or her than any others for which he or she might have opted. this section applies to the offices of judge of the court of appeal, judge of the high court, member of the public service commission, member of the judicial service commission, member of the delimitation commission, director of public prosecutions and attorney-general. 123. public debt there shall be charged on the consolidated fund all debt charges for which botswana is liable. for the purposes of this section debt charges include interest, sinking fund charges, the repayment or amortization of debt, and all expenditure in connection with the raising of loans on the security of the revenues or the consolidated fund of the former protectorate of bechuanaland or botswana, and the service and redemption of debt thereby created. 124. auditor-general there shall be an auditor-general, whose office shall be a public office. the public accounts of botswana and of all officers, courts and authorities of the government of botswana shall be audited and reported on by the auditor-general and for that purpose the auditor-general or any person authorized by him or her in that behalf shall have access to all books, records, reports and other documents relating to those accounts: provided that, if it is so provided by parliament in the case of any body corporate directly established by law, the accounts of that body corporate shall be audited and reported on by such person as may be specified by or under that law. the auditor-general shall submit his or her reports to the minister responsible for finance, who shall cause them to be laid before the national assembly. the auditor-general shall perform such other duties and exercise such other powers in relation to the accounts of the government or the accounts of other public authorities or other bodies as may be prescribed by or under any act of parliament. in the exercise of his or her functions the auditor-general shall not be subject to the direction or control of any other person or authority. chapter ix. miscellaneous (ss 125-127) 125. resignations any person who is appointed or elected to any office established by this constitution may resign from that office by writing under his or her hand addressed to the person or authority by whom he or she was appointed or elected: provided that in the case of a person who holds office as president his or her resignation from that office shall be addressed to the chief justice, in the case of a person who holds office as speaker or deputy speaker of the national assembly his or her resignation from that office shall be addressed to the assembly, in the case of an elected or specially elected member of the assembly his or her resignation shall be addressed to the speaker, and in the case of a member of the ntlo ya dikgosi his or her resignation from that office shall be addressed to the chairman of the ntlo ya dikgosi. the resignation of any person from any office established by this constitution shall take effect on the date or at the time indicated in the writing signifying the resignation or, if no such date or time is so indicated, at the time the writing is received by the person or authority to whom it is addressed or by any person authorized by that person or authority to receive it. 126. reappointments and concurrent appointments where any person has vacated any office established by this constitution, he or she may, if qualified, again be appointed or elected to hold that office in accordance with the provisions of this constitution. where a power is conferred by this constitution upon any person to make any appointment to any office, a person may be appointed to that office notwithstanding that some other person may be holding that office, when that other person is on leave of absence pending the relinquishment of the office; and where two or more persons are holding the same office by reason of an appointment made in pursuance of this subsection, then, for the purposes of any function conferred upon the holder of that office, the person last appointed shall be deemed to be the sole holder of the office. 127. interpretation in this constitution unless the context otherwise requires— "the assembly" means the national assembly; "botswana" means the territory that, on 29th september, 1966, was comprised in the former protectorate of bechuanaland; "chief" and "sub-chief" have the meanings assigned to those expressions in the chieftainship act; "financial year" means the period of 12 months ending on 31st march in any year or on such other day as parliament may prescribe; "the gazette" means the botswana government gazette; "high judicial office" means the office of a judge of a court of unlimited jurisdiction in civil and criminal matters in botswana, a commonwealth country or in any country outside the commonwealth that may be prescribed by parliament or the office of judge of a court having jurisdiction in appeals from such a court; "kgosana" (pl. dikgosana) means headman; "oath" includes affirmation; "the oath of allegiance" means such oath of allegiance as may be prescribed by law; "public office" means, subject to the provisions of subsections (2) and (3) of this section, an office of emolument in the public service; "public officer" means a person holding or acting in any public office; "the public service" means the civil service of the government; "session" means the sittings of the national assembly beginning when it first sits after the coming into operation of this constitution or after parliament is prorogued or dissolved at any time and ending when parliament is prorogued or is dissolved without having been prorogued; "sitting" means a period during which the national assembly is sitting without adjournment and includes any period during which it is in committee; "subordinate court" means any court established for botswana other than— the court of appeal; the high court; a court martial; or the industrial court. in this constitution, unless the context otherwise requires, references to offices in the public service shall be construed as including references to the offices of judges of the court of appeal and judges of the high court and the offices of members of all subordinate courts (being offices the emoluments attaching to which, or any part of the emoluments attaching to which, are paid directly out of moneys provided by parliament). for the purposes of this constitution a person shall not be considered to be a public officer by reason only that he or she is in receipt of any remuneration or allowance as the president, vice-president, a minister or assistant minister, speaker, deputy speaker or member of the assembly, a member of the ntlo ya dikgosi or a member of any commission established by this constitution. for the purposes of this constitution, a person shall not be considered as holding a public office by reason only of the fact that he or she is in receipt of a pension or other like allowance in respect of service under the government of botswana or the former protectorate of bechuanaland. in this constitution, unless the context otherwise requires, a reference to the holder of an office by the term designating his or her office shall be construed as including a reference to any person for the time being lawfully acting in or performing the functions of that office: provided that nothing in this subsection shall apply to references to the president or vice-president in section 35, 36 or 39 of this constitution. in this constitution, unless it is otherwise provided or required by the context, a reference to the power to make appointments to any office shall be construed as including a reference to the power to make appointments on promotion and transfer and to confirm appointments and to the power to appoint a person to act in or perform the functions of that office at any time when the office is vacant or the holder thereof is unable (whether by reason of absence or infirmity of mind or body or any other cause) to perform the functions of that office. references in this constitution to the power to remove a public officer from his or her office shall be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service: provided that nothing in this subsection shall be construed as conferring on any person or authority power to require a judge of the court of appeal or the high court, the auditor-general or the attorney-general to retire from the public service. any provision in this constitution that vests in any person or authority power to remove any public officer from his or her office shall be without prejudice to the power of any person or authority to abolish any office or to any law providing for the compulsory retirement of public officers generally or in any class of public officer on attaining an age specified therein. where power is vested by this constitution in any person or authority to appoint any person to act in or perform the functions of any office if the holder thereof is himself or herself unable to perform those functions, no such appointment shall be called in question on the ground that the holder of the office was not unable to perform those functions. no provision of this constitution that any person or authority shall not be subject to the direction or control of any other person or authority in the exercise of any functions under this constitution shall be construed as precluding a court of law from exercising jurisdiction in relation to any question whether that person or authority has performed those functions in accordance with this constitution or any other law. where any power is conferred by this constitution to make any act, order, regulation or rule, or to give any direction or instruction, the power shall be construed as including the power, exercisable in like manner to amend or revoke any such act, order, regulation, rule, direction or instruction. any reference in this constitution to a law made before 30th september, 1966 shall be construed as a reference to that law as it had effect on 29th september, 1966. the cap. 01:04 interpretation act, 1889 shall apply, with the necessary adaptations, for the purpose of interpreting this constitution and otherwise in relation thereto as it applies for the purpose of interpreting and in relation to acts of the parliament of the united kingdom. first schedule to the constitution. election of specially elected members of the national assembly 1 in this schedule— "by-election" means an election to fill a vacancy among the specially elected members occurring otherwise than upon a dissolution of parliament; "general election" means an election to fill the vacancies among the specially elected members occurring upon a dissolution of parliament; "the speaker" means the speaker of the national assembly; and "prescribed" means prescribed by rules made under paragraph 2 of this schedule. at any time when the office of speaker is vacant or the holder of that office is unable by reason of absence or illness to exercise the functions vested in him or her by this schedule those functions may be exercised by the deputy speaker of the national assembly or, if there is no deputy speaker or the deputy speaker is unable by reason of absence or illness to exercise those functions, by such member of the assembly (not being the president or vice-president or a minister or assistant minister) as the assembly may elect for that purpose. subject to the provisions of this schedule the national assembly may make rules for the election of its specially elected members. elections of specially elected members shall be conducted by the speaker and, subject to the provisions of this schedule and of any rules made under paragraph 2 thereof, shall be conducted in such manner as he or she may direct. 4 the president shall nominate six candidates for election in the case of a general election and he or she shall nominate one candidate for election in the case of a by-election. the names of the six candidates or, as the case may be, the name of the one candidate nominated for election by the president under the foregoing subparagraph shall be presented to the national assembly in such manner as may be prescribed, and any elected member of the assembly (other than the president if he is an elected member) shall thereupon be entitled to nominate six candidates for election in the case of a general election and one candidate for election in the case of a by-election. a list of the candidates nominated for election by the president and the elected members of the national assembly under the foregoing provisions of this paragraph shall be prepared, and each elected member of the assembly shall be entitled to vote— in the case of a general election, for six candidates; and in the case of a by-election, for one candidate, on the list so constituted. the vote of every elected member of the national assembly shall be given by ballot in such a manner as not to disclose how he or she has voted. an elected member of the national assembly shall not cast more than one vote for any one candidate. 5 the speaker shall cause elections of specially elected members to be held— in the case of a general election, as soon as practicable after the holding of a general election of the elected members of the national assembly and before the assembly first meets after that general election; and in the case of a by-election, as soon as practicable after a vacancy has occurred among the specially elected members. a meeting of the elected members of the national assembly that is held for the purpose of a general election shall be summoned by the speaker. no other business than the holding of a general election may be transacted at any meeting of the elected members of the national assembly summoned under subparagraph (2) of this paragraph and such a meeting shall not be regarded as a meeting of the assembly for the purposes of any other provision of this constitution. when the votes have been cast, whether at a general election or at a by-election, a list shall be prepared showing the persons for whom votes have been cast in order according to the number of votes received by each of them, the person or persons who received the highest number of votes being placed first and those who received any lower number of votes being placed in descending order. in the case of a general election, and subject to the provisions of paragraph 9 of this schedule, those persons shall be deemed to have been elected as specially elected members who stand in the first and each succeeding place on the list until the number of persons to be elected as specially elected members has been completed. in the case of a by-election, and subject to the provisions of paragraph 10 of this schedule, the person who stands in the first place on the list shall be deemed to have been elected. where, by reason of an equality of votes between them, the number of candidates in any place on the list who would otherwise be deemed to have been elected under paragraph 7 of this schedule exceeds the number of persons remaining to be elected as specially elected members after the persons in the preceding places have been elected, none of the candidates in that place or in any succeeding place shall be deemed to have been elected and a further election shall be held to fill the vacancies still remaining among the specially elected members; and the provisions of this schedule shall apply in relation to that further election as if it were a general election where the total number of specially elected members was equal to the number of vacancies still remaining to be filled. where, in a by-election, two or more candidates equally receive the highest number of votes, no candidates shall be deemed to have been elected and a further by-election shall be held, in accordance with the provisions of this schedule, at which only those candidates who received the highest number of votes in the original by-election may again stand as candidates. second schedule to the constitution. division of districts into regions for the purpose of selecting members of ntlo ya dikgosi the central district bobirwa region boteti region mahalapye region serowe region tonota region tswapong region tutume region the ghanzi district ghanzi east region ghanzi west region the kgalagadi district kgalagadi north region kgalagadi south region the kweneng district letlhakeng region molepolole region thamaga region the north west district maun region ngami region okavango region the southern district kanye region moshupa region ngwaketse west region. preamble we, john ii, by the grace of god, prince regnant of liechtenstein, duke of troppau, count of rietberg, etc. etc. etc. make known that the constitution of 26 september 1862 has been modified by us with the assent of our parliament as follows: chapter i. the principality art 1 the principality of liechtenstein is a state consisting of two regions with eleven communes. it is based upon the principle of enabling the people residing within its borders to live in peace and freedom. the region of vaduz (oberland) consists of the communes of vaduz, balzers, planken, schaan, triesen and triesenberg; the region of schellenberg (unterland) consists of the communes of eschen, gamprin, mauren, ruggell and schellenberg. vaduz is the capital and the seat of parliament and the government. art 2 the principality is a constitutional, hereditary monarchy on a democratic and parliamentary basis (art. 79 and 80); the power of the state is inherent in and issues from the prince regnant and the people and shall be exercised by both in accordance with the provisions of the present constitution. art 3 the succession to the throne, hereditary in the princely house of liechtenstein, the coming-of-age of the prince regnant and of the heir apparent, as well as any guardianship which may be required, are to be determined by the princely house in the form of a dynasty law. art 4 changes in the boundaries of the territory of the state may only be made by a law. boundary changes between communes and the union of existing ones also require a majority decision of the citizens residing there who are entitled to vote. individual communes have the right to secede from the state. a decision to initiate the secession procedure shall be taken by a majority of the citizens residing there who are entitled to vote. secession shall be regulated by a law or, as the case may be, a treaty. in the latter event, a second ballot shall be held in the commune after the negotations have been completed. art 5 the coat of arms of the state is that of the princely house of liechtenstein; the national colours are blue and red. art 6 the german language is the national and official language. chapter ii. the prince regnant art 7 the prince regnant is the head of state and shall exercise his sovereign authority in conformity with the provisions of the present constitution and of the other laws. the prince regnant is not subject to the jurisdiction of the courts and does not have legal responsibility. the same applies to any member of the princely house who exercises the function of head of state in accordance with art. 13bis. art 8 the prince regnant shall represent the state in all its relations with foreign countries, without prejudice to the necessary participation of the responsible government. treaties by which national territory is ceded, national property alienated, rights of sovereignty or state prerogatives disposed of, any new burden for the principality or its citizens imposed or any obligation to the detriment of the rights of the people of the principality contracted shall not be valid unless they have received the assent of parliament. art 9 every law shall require the sanction of the prince regnant in order to acquire validity. art 10 the prince regnant shall take, through the government, and independently of parliament, the steps required for the implementation and enforcement of the laws, and any action required in pursuance of the powers of administration and supervision, and shall issue the requisite ordinances (art. 92). in urgent cases he shall take the necessary measures for the security and welfare of the state. emergency decrees may not set aside the constitution as a whole or individual provisions of it but may only limit the applicability of individual provisions. emergency decrees can neither limit every person’s right to life, the prohibition of torture and inhuman treatment or the prohibition of slavery and forced labour nor place any restriction on the “no punishment without law” rule. moreover, the provisions of this article cannot limit the scope of art. 3, 13ter and 113. emergency decrees shall cease to apply six months after they have been issued. art 11 the prince regnant shall appoint the judges in conformity with the provisions of the constitution (art. 96). art 12 the prince regnant shall possess the prerogative of remitting, mitigating or commuting sentences which have been legally pronounced, and of quashing prosecutions that have been initiated. only at the instigation of parliament shall the prince regnant exercise his prerogative of remission or mitigation in favour of a member of the government sentenced on account of his official acts. art 13 every successor to the throne shall, before receiving the oath of allegiance, declare upon his princely honour and dignity in a written proclamation that he will govern the principality of liechtenstein in conformity with the constitution and the other laws, that he will maintain its integrity, and will observe the rights of sovereignty indivisibly and in like manner. art 13bis the prince regnant may entrust the next heir apparent of his house who has attained majority with the exercise of the sovereign powers held by him as his representative should he be temporarily prevented or in preparation for the succession. art 13ter not less than 1,500 citizens have the right to table a reasoned motion of no confidence in the prince. parliament must issue a recommendation on this at its next session and order the holding of a referendum in accordance with art. 66 para. 6. if the motion is accepted in the referendum, it must be communicated to the prince for consideration under the dynasty law. the prince must inform parliament within six months of the decision reached in compliance with the said law. chapter iii. functions of the state art 14 the supreme function of the state is to promote the general welfare of the people. for this purpose, the state shall provide for the institution and maintenance of law, and for the protection of the religious, moral and economic interests of the people. art 15 the state shall devote particular attention to education and schooling. this must be so ordered and administered that, from the co-operation of the family, the school and the church, the younger generation may be imbued with religious and moral principles and patriotic sentiments and may be fitted for their future occupations. art 16 the whole field of education and schooling shall be under the supervision of the state, without prejudice to the inviolability of the doctrine of the church. education shall be compulsory for all. the state shall ensure that adequate compulsory instruction in the elementary subjects is given free of charge in public schools. religious instruction shall be given by the church authorities. all persons with children in their care shall ensure that they receive education of the standard prescribed for public elementary schools. annulled annulled private education shall be permissible provided that it conforms with the legal regulations governing the period of schooling, the educational aims and the arrangements prevailing in the public schools. art 17 the state shall support and promote education and schooling. it shall provide appropriate scholarships to help children of good intellectual attainments but without financial means attend institutes of higher education. art 18 the state shall be responsible for the public health system, assist institutions for the care of the sick, and seek by legislation to combat intemperance and to reform alcoholics and work-shy persons. art 19 the state shall safeguard the right to work and shall protect the workers, especially women and young persons employed in commerce and industry. sundays and public holidays recognized by the state shall be observed as public days of rest, without prejudice to the legal regulations concerning rest on sundays and public holidays. art 20 to increase employment and to advance its economic interests, the state shall promote and assist agriculture, alpine farming, trade and industry. in particular, it shall promote insurance against damage and injuries to which workers and goods are exposed, and shall take measures to prevent such injuries and damage. it shall pay special attention to the development of the transportation system in accordance with modern requirements. it shall support landslide control measures and afforestation and drainage operations and shall monitor and encourage every endeavour to develop new sources of income. art 21 the state shall possess sovereign rights over waters in conformity with the laws existing or to be enacted hereafter in this matter. the utilisation and distribution of such waters and flood control measures shall be regulated by law and promoted, with due regard to the development of technology. rights relating to electricity shall be regulated by law. art 22 the state shall exercise sovereign rights over hunting, fishing and mining; when legislating on these matters, it shall protect the interests of agriculture and of communal revenues. art 23 the currency and banking system shall be regulated by the state. art 24 by enacting the necessary legislation, the state shall provide for an equitable system of taxation, which shall exempt from taxation incomes below a minimum standard of living and shall impose heavier burdens on persons in higher wealth or income brackets. the financial situation of the state must be improved to the utmost possible extent and every effort must be made to open up new sources of revenue to meet public needs. art 25 public poor relief shall be administered by the communes in conformity with specific laws. the state shall be responsible, however, for the supervision of such activities. it may grant appropriate assistance to the communes, especially for the proper care of orphans, the mentally handicapped, persons suffering from incurable diseases and the aged. art 26 the state shall support and promote health, old age, disability and fire insurance schemes. art 27 the state shall provide for a rapid procedure for legal actions and the execution thereof, under conditions that will safeguard material rights; it shall also provide for a system of administrative law based on the same principles. the exercise of the professional representation of parties shall be regulated by law. chapter iv. general rights and obligations of liechtenstein citizens art 27bis human dignity shall be respected and protected. no one may be subjected to inhuman or degrading treatment or punishment. art 27ter every person shall have the right to life. the death penalty shall be prohibited. art 28 every citizen shall be freely entitled to reside in any locality within the territory of the state and to acquire property of any description, provided that he observes the detailed legal regulations relating to such matters. the entry and exit, stay and residence of foreigners shall be governed by international treaties and by legislation. persons staying within the territory of the principality shall be bound to observe its laws and shall be entitled to the protection afforded by the constitution and the other laws. art 29 all citizens shall be entitled to civic rights in conformity with the provisions of the present constitution. all citizens who have completed their 18th year, have their normal residence in the principality and whose right to vote has not been lost may exercise all political rights in matters of state. art 30 the conditions under which citizenship rights may be acquired or forfeited shall be determined by law. art 31 all citizens shall be equal before the law. the public offices shall be equally open to them, subject to observance of the legal regulations. there shall be equality of rights between the sexes. the rights of aliens shall be determined in the first instance by treaties, or, in the absence of such, on the basis of reciprocity. art 32 personal liberty, the immunity of the home and the inviolability of letters and written matter are guaranteed. except in the cases specified in law and in the manner thus prescribed, no person may be arrested or detained in custody, no houses or persons may be searched and no letters or written matter may be examined or seized. persons arrested unlawfully or when demonstrably innocent and those proved innocent after conviction shall be entitled to full compensation from the state as determined by the courts. whether and to what extent the state has a right of recourse against third parties in such cases shall be regulated by law. art 33 nobody may be deprived of his proper judge; special tribunals may not be instituted. nobody may be threatened with or subjected to penalties other than those provided by the law. accused persons shall have the right of defence in all penal proceedings. art 34 the inviolability of private property is guaranteed; confiscation may only take place in such cases as determined by law. copyright shall be regulated by law. art 35 where necessary in the public interest, property of any kind may be compulsorily assigned or subjected to an encumbrance, against appropriate compensation, the amount of which in cases of dispute shall be determined by the courts. the procedure for expropriation shall be regulated by law. art 36 trade and industry shall be free within the limits prescribed by law; the extent to which exclusive commercial and industrial privileges may be admissible for specified periods of time shall be regulated by law. art 37 freedom of belief and conscience are guaranteed for all persons. the roman catholic church is the state church and as such enjoys the full protection of the state; other confessions shall be entitled to practise their creeds and to hold religious services to the extent consistent with morality and public order. art 38 the right of ownership and all other proprietary rights of ecclesiastical communities and religious associations in respect of their institutions, foundations and other possessions devoted to worship, education and charity are guaranteed. the administration of church property in the parishes shall be regulated by a special law; the assent of the church authorities shall be sought before the said law is promulgated. art 39 the enjoyment of civil and political rights shall not be dependent on religious belief nor may the latter constitute a ground for any dereliction of civil obligations. art 40 every person shall be entitled to freely express his opinion and to communicate his ideas by word of mouth or in writing, print or pictures within the limits of the law and morality; no censorship may be exercised except in respect of public performances and exhibitions. art 41 the right of free association and assembly is guaranteed within the limits prescribed by law. art 42 the right to petition parliament and the national committee is guaranteed; not only individuals whose rights or interests are affected but also communes and corporations are entitled to have their wishes and requests brought before parliament by a member of that body. art 43 the right of complaint is guaranteed. any citizen shall be entitled to lodge a complaint regarding any action or procedure on the part of a public authority which is contrary to the constitution, the law or the official regulations and detrimental to his rights or interests. such complaint shall be addressed to that authority which is immediately superior to the authority concerned and may, if necessary, be pursued to the highest authority, except when the right of recourse may be barred by a legal restriction. if a complaint thus submitted is rejected by the superior authority, the latter shall be bound to declare to the complaining party the reasons for its decision. art 44 every man fit to bear arms shall be liable, up to the completion of his 60th year, to serve in the defence of his country in the event of emergency. apart from this contingency, no armed units may be organised or maintained, except so far as may be necessary for the provision of the police service and the preservation of internal order. detailed regulations regarding this matter shall be laid down by law. chapter v. parliament art 45 parliament is the legal organ representing all the citizens of the principality and as such has the duty of safeguarding and vindicating the rights and interest of the people in relation to the government in conformity with the provisions of the present constitution and also of promoting as far as possible the welfare of the princely house and of the country while faithfully adhering to the principles laid down in this constitution. the rights appertaining to parliament may only be exercised in the lawfully constituted assembly of that body. art 46 parliament shall consist of 25 representatives who shall be elected by the people by universal, equal, secret and direct suffrage according to the system of proportional representation. the upper country (oberland) and the lower country (unterland) shall each form a constituency. of the 25 representatives, 15 shall be elected by the upper country and 10 by the lower country. in addition to the 25 representatives, substitutes shall be elected in each constituency. for each three representatives in a constituency, each electoral group shall have one substitute but if an electoral group has obtained one mandate it shall have at least one substitute. mandates shall be distributed among electoral groups which have obtained at least eight percent of the valid votes cast in the country as a whole. the members of the government and the courts may not be members of parliament at the same time. detailed regulations regarding the conduct of the elections shall be laid down in a special law. art 47 the representatives shall be elected for four years, provided that the regular elections shall be held in the february or march of the year when the fourth year of their mandate ends. representatives shall be eligible for reelection. annulled art 48 the prince regnant has the right, subject to the exception laid down in the following paragraph, to convene parliament, to close it, and, on warrantable grounds, which must on each occasion be communicated to the assembled parliament, to prorogue it for three months or to dissolve it. the prorogation, closing or dissolution of parliament may only be proclaimed before the assembled parliament. in pursuance of a substantiated written request submitted by not less than 1,000 citizens entitled to vote or of a resolution adopted by the communal assemblies of not less than three communes, parliament must be convened. subject to the same conditions as in the preceding paragraph, 1,500 citizens entitled to vote or four communes which have adopted resolutions to that effect at their communal assemblies may demand a referendum with regard to the dissolution of parliament. art 49 the regular convocation of parliament shall be issued at the beginning of every year in the form of a princely edict, indicating the place, day and hour of the assembly. the sessions of parliament during the course of the year shall be decreed by its president. when a period of prorogation has expired, a fresh summons convening parliament shall be issued within one month in the form of a princely edict. should a representative be prevented from attending one or several consecutive sittings, a substitute from his electoral group shall sit and vote in his place. art 50 should parliament be dissolved, new elections must take place within six weeks. the newly elected representatives shall then be summoned to meet within fourteen days. art 51 in the case of an accession to the throne, parliament shall be convened to an extraordinary session within 30 days for the purpose of receiving the declaration of the prince regnant as provided for in art. 13 and of taking the oath of allegiance. if parliament has already been dissolved, the new elections shall be expedited so that it may be convened at the latest on the fortieth day after the accession of the new sovereign. art 52 at its first regularly convened sitting, parliament shall proceed, under the chairmanship of its oldest member, to the election of a president and a vice-president from among its members to direct its business for the current year. annulled art 53 the representatives shall be bound to attend in person at the seat of the government in compliance with the notice of convocation. if a representative is impeded from attending, he must, on receiving the first notice of convocation, promptly notify the government and subsequently the president, stating the reasons preventing his attendance. if the impediment is of a permanent nature, a by-election shall be held, if the representative cannot be replaced by the substitution system. art 54 parliament shall be opened with due solemnity by the prince regnant, in person or by his proxy. all the new members shall swear the following oath to the prince regnant or his proxy: “i hereby swear to observe the state constitution and the existing laws and to promote in parliament the welfare of the country, without any ulterior motives, to the best of my ability and conscience. so help me god.” subsequent members of parliament shall take this oath before the president. art 55 parliament shall be closed by the prince regnant, in person or by his proxy. art 56 no representative may be arrested while parliament is in session without the assent of that body unless he is apprehended in flagrante delicto. in the latter case, the arrest and the grounds therefore must be notified forthwith to parliament, which shall decide whether the arrest is to be sustained. all papers relating to the case must be placed immediately at the disposal of parliament if it so requests. if a representative is arrested at a time when parliament is not in session, the national committee must be notified forthwith, and informed at the same time of the grounds for the arrest. art 57 the members of parliament shall vote solely according to their oath and their convictions. they shall never be made to answer for their votes; for their utterances at sittings of parliament or its committees, they shall be responsible to parliament alone and can never be sued before a court of justice in respect thereof. the exercise of disciplinary powers shall be regulated by rules of procedure to be issued hereafter. art 58 for a decision of parliament to be valid, at least two-thirds of the statutory number of representatives must be present and it must be adopted by an absolute majority of the members present, except as may otherwise be provided in the present constitution or in the rules of procedure. the same rules shall apply to elections which parliament has to undertake. in the event of an equal division of votes, the president shall have the casting vote: for an election, after the third round of voting and in all other cases after the first round. art 59 complaints relating to elections shall be referred to the constitutional court. parliament shall adjudicate on the validity of the election of its members and of the election as such on the basis of the election records and, if applicable, of the decision of the constitutional court (validation procedure) art 60 parliament shall adopt its rules of procedure by a resolution and with due regard to the provisions of the present constitution. art 61 representatives shall receive from the state treasury a daily allowance and travel expenses as prescribed by law. art 62 in particular, the following matters shall fall within the sphere of activity of parliament: participation in the work of legislation in accordance with the constitution; participation in the conclusion of treaties (art. 8); the establishment of the annual budget and the authorization of taxes and other public dues; resolution on credits, loans and securities chargeable to the state and on the acquisition and alienation of landed property belonging to the administrative and financial assets of the state, subject to articles 63ter and 93; the resolution on the annual report furnished annually by the government on the whole of the state administration; the submission of suggestions and complaints and the exercise of control with regard to the state administration as a whole (art. 63); the impeachment of members of the government before the constitutional court for breaches of the constitution or of other laws; the passing of a resolution on a vote of no confidence in the government or one of its members. art 63 parliament shall have the right of control over the whole of the state administration, including the administration of justice. it shall exercise this right inter alia through an audit committee which it shall elect. its right of control extends neither to the judgments of the courts nor to the functions assigned to the prince. parliament may at any time bring defects or abuses which it has observed in the state administration directly to the notice of the prince regnant or the government by the submission of memorials or complaints and to request their redress. the results of the enquiry instituted in respect of such matters and the measures ordered in consequence shall be communicated to parliament. annulled the representative of the government must be given a hearing and shall be bound to answer interpellations addressed to him by members of parliament. art 63bis parliament has the right to appoint investigational committees. it is obliged to do so when at least one quarter of the number of representatives fixed by law requests this. art 63ter parliament shall appoint a finance committee to which the passing of resolutions on the acquisition and alienation of landed property belonging to the administrative and financial assets as well as participation in the administration of the financial assets may also be transferred by law. art 64 the right of initiative with regard to legislation, that is to say, the right of introducing bills, shall appertain to: the prince regnant, in the form of government bills; parliament itself; citizens with the right to vote, subject to the following provisions. if not less than 1,000 citizens entitled to vote, whose signatures and qualification to vote are duly certified by the authorities of the commune in which they reside, submit a petition in writing or if at least three communes do so in the form of resolutions of the communal assembly in similar terms requesting the enactment, amendment or revocation of a law, such petition must he debated at the next session of parliament. if a petition from one of the organs referred to under a) to c) above concerns the enactment of a law which has not already been provided for in the present constitution and the adoption of which would involve public expenditure, whether in a single sum not provided for in the finance bill or in payments extending over a longer period, such petition shall only be discussed by parliament if it is accompanied by proposals for providing the necessary funds. a petition submitted under the right of initiative and concerning the constitution may only be brought by not less than 1,500 citizens entitled to vote or by at least four communes. further detailed regulations regarding this popular initiative shall be laid down in a law. art 65 without the participation of parliament, no law may be issued, amended, or declared to be in force. for a law to become valid, it must in every case receive the assent of parliament and be sanctioned by the prince regnant, countersigned by the responsible head of the government or his deputy and promulgated in the national legal gazette (landesgesetzblatt). if the prince does not give his assent within six months, it shall be deemed to have been refused. in addition, a popular vote (referendum) shall be held under the conditions set forth in the following article. art 66 every law passed by parliament that it does not declare to be urgent and every financial resolution that it does not declare to be urgent and that results in a new nonrecurrent expenditure of at least 500,000 francs or a new annually recurrent expenditure of 250,000 francs shall be subject to a popular vote if parliament so decides or if at least 1,000 liechtenstein citizens eligible to vote or at least three municipalities submit a request to that effect, in the manner provided for in article 64, within 30 days of the official announcement of the resolution of parliament. if the issue affects the constitution as a whole or in part, the demand for a referendum must be made by not less than 1,500 citizens with the right to vote or by not less than four communes. parliament is authorized to call for a referendum on the adoption of any of the principles embodied in a proposed law. the referendum shall be held by communes; the acceptance or rejection of the resolution on the enactment of the law shall be decided by an absolute majority of the valid votes recorded in the whole of the country. resolutions on the enactment of laws subject to a referendum shall not be submitted to the prince regnant for sanction until the referendum has been held or until the statutory period of thirty days within which a petition for a referendum may be submitted has expired without any such action. if parliament rejects a bill drawn up in due form and accompanied if necessary by proposals for providing the necessary funds and which has been submitted to it through the procedure of the popular initiative (art. 64 para. 1 lit. c), the said bill shall be submitted to a referendum. the acceptance of the bill by the citizens entitled to vote shall then have the same force as a resolution of parliament otherwise necessary for the adoption of a law. further detailed regulations regarding the referendum shall be issued in the form of a law. art 66bis any resolution of parliament concerning assent to a treaty (art. 8) must be submitted to a referendum if parliament so decides or if not less than 1,500 citizens with the right to vote or not less than four communes submit a petition to that effect, according to the procedure prescribed in art. 64, within 30 days of the official publication of the resolution of parliament. in the referendum, the acceptance or rejection of the resolution by parliament shall be decided by an absolute majority of the valid votes recorded in the whole of the country. further detailed regulations regarding the referendum shall be issued in the form of a law. art 67 unless it contains any other stipulation, a law shall come into force on the expiry of eight days after the date of its publication in the national legal gazette. the manner and extent of the promulgation of laws, finance resolutions, treaties, regulations, resolutions of international organizations and of the law applicable by reason of international treaties shall be regulated by law. for the law applicable in liechtenstein by reason of international treaties, a publication may be arranged in a simplified form, in particular as a reference publication to foreign codes. the legal regulations coming into force in future and applicable to liechtenstein by reason of the agreement of 2 may 1992 on the european economic area shall be published in an eea compendium of laws. the manner and extent of the publication in the eea compendium of laws shall be regulated by law. art 68 without the approval of parliament, no direct or indirect taxes or any other public dues or general levies, under any designation whatsoever, may be imposed or collected. the fact that this approval has been given must be expressly mentioned in the tax demand notice. the system by which all public taxes and dues are to be apportioned, their incidence on persons and objects, and the manner in which they are to be collected shall also require the approval of parliament. taxes and dues shall normally be authorized for the period of one administrative year. art 69 with regard to the state administration, the government shall submit to parliament for examination and approval preliminary estimates of all expenditures and revenues for the coming administrative year, accompanied by proposals for the taxation which is to be levied. in the first half of each administrative year, the government shall submit to parliament an exact statement relating to the preceding administrative year, showing the manner in which revenues approved and collected were applied to the purposes set forth in the preliminary estimates, with the provision, however, that if the latter have been exceeded on justifiable grounds parliament must give its approval, and that in the absence of justification the government shall be answerable. government shall be entitled, subject to the same conditions as above, to incur expenditure of an urgent character not provided for in the estimates. any savings attained with respect to individual budget items may not be used to cover excess expenditures with respect to other items. art 70 the government shall administer the financial assets of the state in accordance with principles which it shall lay down in agreement with parliament. it shall submit a report to parliament together with the annual accounts (art. 69 para. 2). chapter vi. the national committee art 71 the national committee (landesausschuss) shall be constituted to act in place of parliament for any business which requires the participation of the latter or of its committees during the period between the adjournment, closing or dissolution of parliament and the date of its next meeting, without prejudice, however, to the provisions of art. 48 to 51 concerning the time limits for the reconvocation of parliament and for the holding of new elections. art 72 the national committee shall be composed of the president of parliament, who shall be represented if unable to attend by his deputy, and of four other members, to be elected by parliament from its midst, equal consideration being given to the upper country (oberland) and the lower country (unterland). under all circumstances, parliament must be enabled to hold this election during the same session at which its prorogation, closing or dissolution is announced. art 73 the term of office of the national committee shall expire when parliament reconvenes. art 74 the national committee shall have the following special powers and duties: to ensure that the constitution is observed, that steps are taken for the execution of the decisions of parliament, and, if parliament should have been dissolved or adjourned, that it is reconvened within the prescribed time; to audit the accounts of the state treasury and to transmit the same to parliament, together with its report and proposals; to append its signature to acknowledgements in respect of debts and securities made out against the state treasury in pursuance of a previous resolution of parliament; to carry out special tasks entrusted to it by parliament for the preparation of future proceedings of the latter; in urgent cases, to bring matters to the notice of the prince regnant or the government, and to lodge representations, protests or remonstrances in the case of any menace to or violation of constitutional rights; should the circumstances require it, to propose the convocation of parliament. art 75 the national committee may not enter into any permanent obligation on behalf of the principality and shall be responsible to parliament for its conduct of affairs. art 76 the meetings of the national committee shall take place as required at the seat of the government upon convocation by the president. for its decisions to be valid, at least three members must be present. art 77 during the sessions of the national committee, its members shall receive the same daily allowance and travel expenses as the members of parliament. chapter vii. the government art 78 subject to the following provisions of this article, the whole of the national administration shall be conducted by the collegial government responsible to the prince regnant and parliament in conformity with the provisions of the present constitution and the other laws. to be dealt with independently, specific functions may be transferred by law or by legally binding authorizations to certain officials, government offices or special commissions, subject to recourse to the collegial government. special commissions for dealing with complaints may be set up by law to act on behalf of the collegial government. for the performance of economic, social and cultural obligations, special corporations, institutions and foundations of public law may be established by legislation and placed under the supervision of the government. art 79 the collegial government shall consist of the head of the government and four government councillors. the head of the government and the government councillors shall be appointed by the prince regnant with the concurrence of parliament and on the proposal of the latter. a substitute shall be appointed in like manner for the head of the government and for each government councillor to represent the member of the government in question who may be prevented from attending the meetings of the collegial government. on the proposal of parliament, one of the government councillors shall be appointed by the prince regnant as the deputy head of the government. the members of the government must be citizens of liechtenstein and eligible for parliament. when the collegial government is appointed, care must be taken that at least two members are chosen from each of the two regions. their substitutes must be chosen from the same region. the period of office of the collegial government shall be four years. until a new government is appointed, the previous members shall be responsible for carrying on government business unless art. 80 is applied. art 80 if the government loses the confidence of the prince regnant or parliament, it shall lose its power to exercise its functions. for the period until the new government takes office, the prince, by application of the provisions of art. 79 paras. 1 and 4, shall appoint an interim government to carry out the administration of the state (art. 79 para. 1). after four months at the latest, the interim government shall submit to a vote of confidence in parliament unless the prince has previously appointed a new government on parliament’s recommendation (art. 79 para. 2). if a member of the government should lose the confidence of the prince regnant or parliament, the decision on whether to allow him or her to continue in office shall be taken by the prince regnant in agreement with parliament. until the new member is appointed, his official duties shall be performed by his deputy. art 81 for a decision of the collegial government to be valid, at least four members must be present and a majority of those members present must vote in favour. in the event of a tie, the chairman has the casting vote. voting is compulsory. art 82 the grounds on which a member of the government may be debarred from the performance of an official act or invited to abstain therefrom shall be laid down in law. art 83 government business shall be dealt with partly on a collegial basis and partly on a departmental basis. art 84 the collegial government shall issue its rules of procedure in the form of a government regulation. art 85 the head of the government shall preside at meetings of the government, deal with business directly entrusted to him by the prince regnant, and countersign the laws and any decrees or ordinances issued by the prince regnant or a regent. at public ceremonies he shall be accorded the honours prescribed by the regulations for the representative of the prince regnant. art 86 the head of the government shall submit reports by word of mouth or in writing to the prince regnant with regard to matters placed under the authority of the sovereign. the texts of the decisions adopted by the sovereign on his proposal shall be signed by the prince regnant with his own hand and shall also be countersigned by the head of the government. art 87 the head of the government shall take his oath of office before the prince regnant or the regent; the other members of the government and the state officials shall be sworn in by the head of the government. art 88 if the head of the government should be prevented from attending to his duties, the deputy head of the government shall take over those functions which, according to the constitution, expressly appertain to the head of the government. if the deputy head of the government should also be prevented, the eldest government councillor shall take his place. art 89 the head of the government shall sign the decrees and orders issued by the government in pursuance of its decisions taken in council. he shall further exercise direct supervision over the conduct of business in the government. art 90 all important matters assigned to the government, especially the settlement of administrative disputes, shall be discussed and decided by the government in council. certain less important matters may be assigned by law to the appropriate members of the government in accordance with the distribution of government business to be dealt with independently. minutes shall be taken at government meetings by the government secretary, or, if he should be prevented, by a substitute to be appointed by the collegial government. the head of the government is responsible for executing the decisions of the collegial government. only if he is of the opinion that a decision is contrary to existing laws or regulations may he delay its execution. he must, however, immediately notify the administrative court of the matter which, without prejudice to the right of appeal of a party involved, shall determine whether the decision shall be implemented or not. art 91 at the beginning of each period of office, the collegial government shall distribute its business between the head of the government and the government councillors to prepare the matters to be determined in council and to deal with that business which by law may be treated independently. a system of mutual deputizing shall be arranged for cases of indisposition. art 92 the government shall be responsible for the execution of all laws and of all such tasks as may be lawfully entrusted to it by the prince regnant or parliament. to give effect to the laws, it shall issue the necessary implementation regulations which must, however, remain within the limits of the said laws. to give effect to the laws and directly applicable treaties, it shall issue the necessary implementation regulations which must, however, remain within the limits of the said laws and directly applicable treaties. to meet other treaty obligations, the government may issue the necessary decrees provided that no new laws are required. all organs of the national administration may only act within the limits of the constitution and the laws and the provisions of the treaties. even in matters where the law allows the administrative authorities freedom of judgement, the limits imposed thereon by the law must be scrupulously observed. art 93 the following matters in particular shall fall within the sphere of action of the government: supervision of all authorities and employees subordinate to the government and the exercise of disciplinary powers in respect of employees; supervision and disciplinary powers in respect of public prosecutors shall be determined by law; the allotment of the staff required for the government and the other authorities; supervision of the prisons and of the treatment of persons detained in custody and of convicts; the administration of buildings belonging to the state; monitoring of the lawful and uninterrupted conduct of business of the ordinary courts; the preparation of the report on its official activities to be submitted annually to parliament; the preparation of government bills for submission to parliament and the expression of its opinion on proposals submitted to it for that purpose by parliament; the deciding of urgent expenditure not provided for in the estimates; resolution on securities up to 250,000 francs, on the acquisition and alienation of landed property belonging to the financial assets up to 1,000,000 francs and belonging to the administrative assets up to 30,000 francs as well as, by virtue of legislative authorization, on the taking up of credits and loans. art 94 the organization of the administration shall be established by law. chapter viii. the courts a. general provisions art 95 the whole administration of justice shall be carried out in the name of the prince regnant and the people by responsible judges appointed by the prince regnant (art. 11). the decisions of the judges in the form of judgments shall be delivered and drawn up “in the name of the prince and the people”. the judges, within the lawful limits of their powers and when engaged in judicial proceedings, shall, in the exercise of their judicial office, be independent. their decisions and judgements shall be accompanied by the grounds for such. the influence of nonjudicial bodies on these decisions and judgements is only permissible to the extent expressly provided for by the constitution (art. 12). judges within the scope of this article are the judges at all ordinary courts (art. 97 to 101), the administrative court (art. 102 and 103) and the constitutional court (art. 104 and 105). art 96 for the selection of judges, the prince regnant and parliament shall refer to a joint commission chaired by the prince, who shall have a casting vote. he may appoint as many members to this body as parliament delegates representatives. parliament shall appoint one member for each electoral group represented in it. the government shall appoint the member of the government responsible for supervising the administration of justice. the commission’s deliberations shall be confidental. the commission may only recommend candidates to parliament with the prince’s assent. if parliament chooses the recommended candidate, he or she shall be appointed a judge by the prince. if parliament rejects a candidate recommended by the commission and no agreement on a new candidate can be reached within four weeks, parliament shall propose its own candidate and set a date for a referendum. in the event of a referendum, the citizens entitled to vote shall have the right to nominate candidates under the conditions of an initiative (art. 64). if the vote concerns more than two candidates, a second ballot must be held pursuant to art. 113 para. 2. the candidate who receives the absolute majority of votes cast shall be appointed a judge by the prince. a judge appointed for a fixed period shall remain in office until his successor is sworn in. b. the ordinary courts art 97 jurisdiction on ordinary civil and criminal matters shall be exercised in first instance by the princely court of justice at vaduz, in the second instance by the high court of appeal at vaduz, and in third instance by the supreme court. the organization of the ordinary courts, the procedure and the scale of fees shall be laid down by law. art 98 the handling of particular, precisely specified kinds of business pertaining to the administration of justice in the first instance may be assigned by means of a law to specially trained non-judicial employees of the court of justice who are bound by instructions (rechtspfleger). art 99 the revenue authorities and the officials of the crown lands shall appear before the ordinary courts as plaintiffs and defendants. art 100 the procedure in civil disputes shall conform to the principles of oral proceedings, direct hearing and free evaluation of facts and evidence. in penal cases the principle of arraignment shall also be observed. ordinary civil cases, in first instance, shall be heard by one or more judges, acting individually. the high court of appeal and the supreme court are collegial judicial bodies. in criminal matters, justice shall be administered in the first instance at the court of justice by the same, if applicable by the criminal court or by the juvenile court. art 101 the president of the court of justice shall exercise supervision over the judges of the court of justice. the president of the court of appeal shall be responsible for supervision of the president of the court of justice and the judges of the court of appeal. he shall exercise disciplinary powers over the judges of the court of justice. the president of the supreme court shall be responsible for supervision of the president of the court of appeal and the judges of the supreme court. he shall exercise disciplinary powers over the judges of the court of appeal and of the supreme court. a judicial service senate consisting of three judges of the supreme court versed in the law shall exercise supervision and disciplinary powers over the president of the supreme court. c. the administrative court art 102 the administrative court shall consist of five judges and five substitutes appointed by the prince regnant (art. 96). the majority of the judges must possess liechtenstein citizenship and have legal training. the term of office of the judges and substitutes of the administrative court shall be five years. it shall be organised in such a way that one judge or substitute retires every year. in the case of the first appointments, the duration of the term of office of the judges and substitutes shall be determined by drawing lots. if a judge or substitute retires early, a successor shall be appointed for the remaining period of his term of office. the five judges shall hold an annual election in their own ranks to choose a president and a deputy president. a judge is eligible for re-election. if a judge is unable to attend court, a substitute shall deputize for him or her. in such cases a rota system should be used. unless otherwise provided for by law, all decisions or orders made of the government and of the special commissions appointed instead of the collegial government (art. 78 para. 3) shall be subject to an appeal to the administrative court. by means of a law, the power to approve certain measures relating to international administrative assistance proceedings may be granted to a judge of the administrative court, and the possibility of direct appeal to the administrative court may be provided regarding decrees issued in such proceedings by the first-instance authority. art 103 detailed instructions regarding procedure, abstention, allowances to be paid to the members, and fees to be paid by the parties involved shall be laid down in a separate law. d. the constitutional court art 104 a constitutional court shall be established by a special law as a court of public law to protect rights accorded by the constitution, to decide in conflicts of jurisdiction between the law courts and the administrative authorities and to act as a disciplinary court for members of the government. the said court shall also have jurisdiction to determine whether laws and treaties are in conformity with the constitution and whether government regulations are in conformity with the laws; in such cases it may declare their annulment. finally, it shall also act as an electoral tribunal. art 105 the constitutional court shall consist of five judges and substitutes appointed by the prince regnant (art. 96). the president of the constitutional court and the majority of the judges must possess liechtenstein citizenship. furthermore, the provisions of art. 102 apply mutatis mutandis. chapter ix. administrative bodies and civil servants art 106 open-ended judicial positions may only be created with the consent of parliament. art 107 the organization of the authorities shall be determined by legislation. subject to treaty obligations, all authorities must have their seat within the territory of the state; collegial authorities must include at least a majority of liechtenstein citizens. art 108 members of the government, state officials, and all mayors, their deputies and the treasurers of the communes shall take the following oath on appointment: “i swear that i will be loyal to the prince regnant, that i will obey the laws and that i will strictly observe the constitution. so help me god.” art 109 the state, the communes and other corporations, establishments and foundations of public law are liable for damage caused to third persons by individuals acting as their bodies who in their official capacity act illegally. in the case of wilful damage or gross negligence, restitution by the responsible persons is reserved. individuals acting as bodies are answerable to the state, the commune, or other corporation, establishment or foundation of public law which they serve for any damage directly caused to such bodies through the wilful or grossly negligent breach of their official duties. further provisions, especially those relating to competence, shall be laid down in a separate law. chapter x. communal affairs art 110 provisions concerning the number, organization and duties of the communes in their own sphere of action and in that assigned to them shall be laid down in the laws. the laws concerning the communes shall establish the following principles: free election of the mayor and of the other officials of the commune by the communal assembly; autonomous management of the communal property and administration of the local police under the supervision of the government; maintenance of a well-ordered poor-relief system under the supervision of the government; the right of the commune to grant citizenship and the freedom of citizens of the principality to reside in any commune. art 111 all liechtenstein citizens who are at least eighteen years of age and whose right to vote has not been suspended shall be eligible to vote in municipal matters in the municipality in which they reside. chapter xi. the maintenance of the constitution art 112 the present constitution shall be universally binding after its promulgation as a fundamental law of the country. any amendments to or universally binding interpretations of this fundamental law may be proposed either by the government or by parliament or through the initiative procedure (art. 64). these shall require the approval of parliament, either by the unanimous vote of the members present or by a majority of three-quarters of the members present at two successive sittings of parliament, where appropriate a referendum (art. 66) and in any event the subsequent assent of the prince regnant, with the exception of the procedure to abolish the monarchy (art. 113). art 113 not less than 1,500 citizens as a minimum requirement have the right to introduce an initiative to abolish the monarchy. in the event of this proposal being accepeted by the people, parliament shall draw up a new, republican constitution and submit it to a referendum after one year at the earliest and two years at the latest. the prince regnant has the right to submit a new constitution for the same referendum. the procedure specified in the following therefore replaces the procedure to amend the constitution laid down in art. 112 para. 2. if only one draft has been submitted, an absolute majority is sufficient for its adoption (art. 66 para. 4). if two drafts have been submitted, the citizens entitled to vote may choose between them and the existing constitution. in this case, the citizens have two votes in the first ballot and shall award them to the two alternative constitutions that they wish to go through to the second ballot. the two alternatives with the most first and second votes shall go through to the second ballot. in the second ballot, which must be held 14 days after the first, the citizens shall each have one vote. the constitution that obtains an absolute majority is then adopted (art. 66 para. 4). chapter xii. final provisions art 114 all laws, regulations and statutory provisions which contradict any express provision of the present constitution are hereby revoked and declared invalid; legal provisions which are inconsistent with the spirit of this fundamental law shall be revised to conform with the constitution. art 115 the government shall be entrusted with the execution of the present constitution. the government shall prepare the laws provided for in the present constitution with all possible despatch, and shall proceed with them as laid down in the constitution. preamble whereas the people of saint christopher and nevis declare that the nation is established on the belief in almighty god and the inherent dignity of each individual; assert that they are entitled to the protection of fundamental rights and freedoms; believe in the concept of true democracy with free and fair elections; desire the creation of a climate of economic well-being in the context of respect for law and order; and are committed to achieve their national objectives with a unity of purpose: now therefore, the following provisions shall have effect as the constitution of saint christopher and nevis: chapter i. the federation and the constitution 1. the federation and its territory the island of saint christopher (which is otherwise known as saint kitts) and the island of nevis shall be a sovereign democratic federal state which may be styled saint christopher and nevis or saint kitts and nevis or the federation of saint christopher and nevis or the federation of saint kitts and nevis. the territory of saint christopher and nevis shall comprise all areas that were comprised in the associated state of saint christopher and nevis immediately before 19th september 1983, together with such other areas as may be declared by parliament to form part of the territory of saint christopher and nevis. 2. constitution is supreme law this constitution is the supreme law of saint christopher and nevis and, subject to the provisions of this constitution, if any other law is inconsistent with this constitution shall prevail and the other law shall, to the extent of the inconsistency, be void. chapter ii. protection of fundamental rights and freedoms 3. fundamental rights and freedoms whereas every person in saint christopher and nevis is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his race, place of origin, birth, political opinions, colors, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namelylife, liberty, security of the person, equality before the law and the protection of the law; freedom of conscience, of expression and of assembly and association; and protection for his personal privacy, the privacy of his home and other property and from deprivation of property without compensation, the provisions of this chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of those rights and freedoms by any person does not impair the rights and freedoms of others or the public interest. 4. protection of right to life a person shall not be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence of treason or murder under any law of which he has been convicted. a person shall not be regarded as having been deprived of his life in contravention of subsection (1) if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiablefor the defence of any person from violence or for the defence of property; in order to effect a lawful arrest, or to prevent the escape, or a person lawfully detained; for the purpose of suppressing a riot, insurrection or mutiny; or in order to prevent the commission by that person of a criminal offence, or if he dies as the result of a lawful act of war. 5. protection of right to personal liberty a person shall not be deprived of his personal liberty save as may be authorized by law in any of the following cases, that is to sayin consequence of his unfitness to plead to a criminal charge; in execution of the sentence or order of a court, whether established for saint christopher and nevis or some other country, in respect of a criminal offence of which he has been convicted; in execution of the order of the high court or the court of appeal punishing him for contempt of that court or of another court or tribunal; in execution of the order of a court made to secure the fulfillment of any obligation imposed on him by law; for the purpose of bringing him before a court in execution of the order of a court; upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under any law; under the order of a court or with the consent of his parent or guardian, for his education or welfare during any period ending not later than the date when he attains the age of eighteen years; for the purpose of preventing the spread of an infectious of contagious disease; in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his case or treatment or the protection of the community; for the purpose of preventing the unlawful entry of that person into saint christopher and nevis or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from saint christopher and nevis or for the purpose of restricting that person while he is being conveyed through saint christopher and nevis in the course of his extradition or removal as a convicted prisoner from one country to another; or to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within saint christopher and nevis, or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person with a view to the making of any such order or relating to such an order after it has been made, or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of saint christopher and nevis in which, in consequence of any such order, his presence would otherwise be unlawful. any person who is arrested or detained shall with reasonable promptitude and in any case not later than forty-eight hours after such arrest or detention be informed in a language that he understands of the reasons for his arrest or detention and be afforded reasonable facilities for private communication and consultation with a legal practitioner of his own choice and, in the case of a person under the age of eighteen years, with his parents or guardian. any person who is arrested or detainedfor the purpose of bringing him before a court in execution of the order of a court; or upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under any law and who is not released, shall be brought before a court without undue delay and in any case not later than seventy-two hours after his arrest or detention. where any person is brought before a court in execution of the order of a court in any proceedings or upon suspicion of his having committed or being about to commit a criminal offence, he shall not be thereafter further held in custody in connection with those proceedings or that offence save upon the order of a court. if any person arrested or detained as mentioned in subsection (3)(b) is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial, and such conditions may include bail so long as it is not excessive. any person who is unlawfully arrested or detained by any other person shall be entitled to compensation thereof from that other person or from any other person or authority on whose behalf that other person was acting: provided that a judge, a magistrate or a justice of the peace or an officer of a court of a police officer acting in pursuance of the order of a judge, a magistrate or a justice of the peace shall not be under any personal liability to pay compensation under this subsection in consequence of any act performed by him in good faith in the discharge of the functions of his office and any liability to pay any such compensation in consequence of any such act shall be a liability of the crown. for the purposes of subsection (1)(b) a person charged before a court with a criminal offence in respect of whom a special verdict has been returned that he was guilty of the act or omission or that he is not guilty by reason of insanity shall be regarded as a person who has been convicted of a criminal offence and the detention of that person in consequence of such a verdict shall be regarded as detention in execution of the order of a court. 6. protection from slavery of forced labour a person shall not be held in slavery or servitude. no person shall be required to perform forced labour. for the purposes of this section, the expression "forced labour" does not include any labour required in consequence of the sentence or order of a court; labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained; any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a defence force, any labour that person is required by law to perform in place of such service; or any labour required during any period of public emergency or in the event of any accident or natural calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that accident or natural calamity, for the purpose of dealing with that situation. 7. protection from inhuman treatment a person shall not be subjected to torture or to inhuman or degrading punishment or other like treatment. 8. protection from deprivation of property no property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except for a public purpose and by or under the provisions of a law that prescribes the principles on which and the manner in which compensation therefor is to be determined and given. every person having an interest in or right over property that is compulsorily taken possession of or whose interest in or right over any property is compulsorily acquired shall have a right of direct access to the high court for the determination of his interest or right, the legality of the taking of possession or acquisition of the property, interest of right and the amount of any compensation to which he is entitled; and the purpose of enforcing his right to prompt payment of that compensation: provided that, if the legislature so provides in relation to any matter referred to in paragraph (a), the right of access shall be by way of appeal (exercisable as of right at the instance of the person having the interest in or right over the property) from a tribunal or authority, other than the high court, having jurisdiction under any law to determine that matter. the chief justice may make rules with respect to the practice and procedure of the high court or, subject to such provisions as may have been made in that behalf by the legislature, with respect to the practice and procedure of any other tribunal or authority in relation to the jurisdiction conferred on the high court by subsection (2) or exercisable by the other tribunal or authority for the purposes of that subsection (including rules with respect to the time within which applications or appeals to the high court or applications to the other tribunal or authority may be brought). a person who is entitled to compensation by virtue of subsection (1) shall not be prevented from remitting, within a reasonable time after he has received any amount of that compensation in the form of a sum of money or, as the case may be, has received any such amount in some other form and has converted any of that amount into a sum of money, the whole of that sum of money (subject to any tax that applies generally to persons remitting moneys but free from any other deduction, charge or tax made or levied in respect of its remission) to any country of his choice outside saint christopher and nevis. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (4) to the extent that the law in question authorises the attachment, by order of a court, of any amount of compensation to which a person is entitled in satisfaction of the judgment of a court or pending the determination of civil proceedings to which he is a party; the imposition of reasonable restrictions on the manner in which any sum of money is to be remitted; or the imposition of reasonable restrictions upon the remission of any sum of money in order to prevent or regulate the transfer to a country outside saint christopher and nevis of capital raised in saint christopher and nevis or in some other country or derived from the natural resources of saint christopher and nevis. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) to the extent that law in question makes provision for the taking of possession of or acquisition of any property, interest or rightin satisfaction of any tax, rate or due, by way of penalty for breach of any law or forfeiture in consequence of breach of any law; as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract; in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations; in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or likely to be injurious to the health of human beings, animals or plants; in consequence of any law with respect to the limitation of actions; or for so long only as may be necessary for those purposes, for the purposes of any examination, investigation, trial or inquiry or, in the case of land, for the purposes of the carrying out thereon of work of soil conservation or the conservation of other natural resources or work relating to agricultural development or improvement (being work relating to such development or improvement that the owner or occupier of the land has been required, and has without reasonable excuse refused or failed, to carry out), and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society; or to the extent that the law in question makes provision for the taking of possession of or acquisition of any of the following property (including an interest in or right over property), that is to sayenemy property; property of a deceased person, a person of unsound mind or a person who has not attained the age of eighteen years, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein; property of a person adjudged bankrupt or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the bankrupt or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; or property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust. nothing contained in or done under the authority of any law enacted by parliament shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision for the compulsory acquisition of any interest in or right over property, where that property, interest or right is held by a body corporate established by law for public purposes in which no moneys have been invested other than money provided by parliament. nothing contained in or done under the authority of any law enacted by the nevis island legislature shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provisions for the compulsory taking of possession of any property, or the compulsory acquisition of any interest in or right over property, where that property, interest or right is held by a body corporate established by law for public purposes in which no moneys have been invested other than moneys provided by that legislature. 9. protection from arbitrary search or entry except with his own consent, a person shall not be subject to the search of his person or his property or the entry by others on his premises. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provisionthat is reasonably required in the interests of defence, public safety, public order, public morality, public health, town and country planning, the development and utilization of mineral resources or the development or utilization of any property for a purpose beneficial to the community; that is reasonably required for the purpose of protecting the rights or freedoms of other persons; that authorizes an officer or agent of the government, the nevis island administration, a local government authority or a body corporate established by law for public purposes to enter on the premises of any person in order to inspect those premises or any thing thereon for the purposes of any tax, rate or due or in order to carry out work connected with any property that is lawfully on those premises and that belongs to that government, administration, authority or body corporate, as the case may be; or that authorizes, for the purpose of enforcing the judgment or order of a court in any civil proceedings, the search of any person or property by order of a court or entry upon any premises by such an order, and except so far as that provision or, as the case may be, anything done under the authority thereof is shown not to be reasonably justifiable in a democratic society. 10. provisions to secure protection of law if any person is charged with a criminal offence, then unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law. every person who is charged with a criminal offenceshall be presumed to be innocent until he is proved or has pleaded guilty; shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence charged; shall be given adequate time and facilities for the preparation of his defence; shall be permitted to defend himself before the court in person or, at his own expense, by a legal practitioner of his own choice; shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial, and except with his own consent the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence: provided that the trial may take place in his absence in any case in which it is so provided by a law under which he is entitled to adequate notice of the charge and the date, time and place of the trial and to a reasonable opportunity of appearing before the court. when a person is tried for any criminal offence, the accused person or any person authorized by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court. a person shall not be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed. a person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall not again be tried for that offence or for any other criminal offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal. a person shall not be tried for a criminal offence if he shows that he has been pardoned for that offence. a person who is tried for a criminal offence shall not be compelled to give evidence at the trial. any court or other authority prescribed by a law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other authority, the case shall be given a fair hearing within a reasonable time. where the existence or extent of any civil right or obligation has been determined in proceedings in any court or before any other authority any party to those proceedings shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be entitled to obtain within a reasonable time after the judgment or other determination a copy of any record of the proceedings made by or on behalf of the court of other authority. except with the agreement of all the parties thereto, all proceedings of every court and all proceedings for the determination of the existence or extent of any civil right or obligation before any other authority, including the announcement of the decision of the court or other authority, shall be held in public. nothing in subsection (10) shall prevent the court or other adjudicating authority from excluding from the proceedings persons other than the parties thereto and the legal practitioners representing them to such extent as the court or other authoritymay by law be empowered to do and may consider necessary or expedient in circumstances where publicity would impair the interests of justice or in interlocutory proceedings or in the interests of public morality, the welfare of persons under the age of eighteen years of the protection of the private lives of persons concerned in the proceedings; or may by a law be empowered or required to do in the interests of defence, public safety or public order. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention ofsubsection (2)(a) to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts; subsection (2)(e) to the extent that the law in question imposes reasonable conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or subsection (5) to the extent that the law in question authorizes a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law. in the case of any person who is held in lawful detention subsection (1), paragraphs (d) and (e) of subsection (2) and subsection (3) shall not apply in relation to his trial for a criminal offence under the law regulating the discipline of persons held in such detention. in this section "criminal offence" means a criminal offence under a law. 11. protection of freedom of conscience except with his own consent, a person shall not be hindered in the enjoyment of his freedom of conscience, including freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance. except with his own consent (or, if he is a person under the age of eighteen years, the consent of a person who is his parent or guardian) a person attending any place of education, detained in any prison or corrective institution or serving in a defence force shall not be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion that is not his own. every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education that it wholly maintains and such a community shall not be prevented from providing religious instruction for persons of that community in the course of any education that it wholly maintains or in the course of any education that it otherwise provides. a person shall not be compelled to take any oath that is contrary to his religion or belief or to take any oath in a manner that is contrary to his religion or belief. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provisions that is reasonably requiredin the interests of defence, public safety, public order, public morality or public health; for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practice any religion without the unsolicited intervention of members of any other religion; or for the purpose of regulating educational institutions in the interests of the persons who receive or may receive instruction in them, and except so far as that provisions or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. references in this section to a religion shall be construed as including references to a religious denomination, and cognate expression shall be construed accordingly. 12. protection of freedom of expression except with his own consent, a person shall not be hindered in the enjoyment of his freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication is to the public generally or to any person or class of persons) and freedom from interference with his correspondence. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provisionthat is reasonably required in the interests of defence, public safety, public order, public morality or public health; that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons of the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts or regulating telephony, telegraphy, posts, wireless broadcasting or television; or that imposes restrictions upon public officers that are reasonably required for the proper performance of their functions, and except so far as that provisions or, as the case may be, the things done under the authority thereof is shown not to be reasonably justifiable in a democratic society. 13. protection of freedom of assembly and association except with his own consent, a person shall not be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assembly freely and associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his interests or to form or belong to political parties or other political associations. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision that is reasonably required in the interests of defence, public safety, public order, public morality or public health; that is reasonably required for the purpose of protecting the rights or freedoms or other persons; or that imposes restrictions upon public officers that are reasonably required for the proper performance of their functions, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. 14. protection of freedom of movement a person shall not be deprived of his freedom of movement, that is to say, the right to move freely throughout saint christopher and nevis, the right to reside in any part of saint christopher and nevis, the right to enter saint christopher and nevis, the right to leave saint christopher and nevis and immunity from expulsion from saint christopher and nevis. any restriction on a person's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of subsection (1). nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) to the extent that the law in question makes provisionfor the imposition of restrictions on the movement or residence within saint christopher and nevis of any person or on any person's right to leave saint christopher and nevis that are reasonably required in the interests of defence, public safety or public order; for the imposition of restrictions on the movement or residence within saint christopher and nevis or on the right to leave saint christopher and nevis of persons generally or any class of persons in the interests of defence, public safety, public order, public morality or public health and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society; for the imposition of restrictions, by order of a court, on the movement or residence within saint christopher and nevis of any person or on any person's right to leave saint christopher and nevis either in consequence of his having been found guilty of a criminal offence under any law or for the purpose of ensuring that he appears before a court at a later date for trial of such a criminal offence or for proceedings preliminary to trial or for proceedings relating to his extradition or lawful removal from saint christopher and nevis; for the imposition of restriction on the acquisition or use by any person of land or other property in saint christopher and nevis; for the imposition of restrictions on the acquisition or use by any person of land or other property in saint christopher and nevis; for the imposition of restrictions upon the movement or residence within saint christopher or on the right to leave saint christopher and nevis of any public officer that are reasonable required for the proper performance of his functions; for the removal of a person from saint christopher and nevis to be tried or punished in some other country for a criminal offence under the law of that other country or to under go imprisonment in some other country in execution or the sentence or a court in respect of a criminal offence under a law of which he has been convicted; or for the imposition of restrictions on the right of any person to leave saint christopher and nevis that are reasonably required in order to secure the fulfillment of any obligations imposed on that person by law, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in democratic society. if any person whose freedom of movement has been restricted by virtue of such a provision as is referred to in subsection (3)(a) so request at any time during the period of that restriction not earlier than twenty one days after the order imposing the restriction was made or, as the case may be three months after he last made such a request, his case shall be reviewed by an independent and impartial tribunal presided over by a person appointed by the chief justice from among persons who hold the office of magistrate or who are legal practitioners. on any review by a tribunal in pursuance of subsection (4) of the case of any person whose freedom of movement has been restricted, the tribunal may make recommendations concerning the necessity or expediency of the continuation of that restriction to the authority by whom it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations. 15. protection from discrimination on grounds of race etc subject to subsections (4), (5) and (7), no law shall make any provision that is discriminatory either or itself or in its effect. subject to subsections (6), (7), (8) and (9), a person shall not be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority. in this section the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place or origin, birth out of wedlock, political opinions or affiliations, color, sex or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages that are not accorded to persons of another such descriptions. subsection (1) shall not apply to any law so far as that law makes provisionfor the appropriation of public revenues or other public funds; with respect to persons who are not citizens; for the application, in the case of persons of any such description as is mentioned in subsection (3) (or of persons connected with such persons) of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law of persons of that description; or whereby persons of any such description as is mentioned in subsection (3) may be subjected to any disability or restriction or may be accorded any privilege or advantage that, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society. nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to race, place of origin, birth out of wedlock, political opinions or affiliations, color, creed or sex) to be required of any person who is appointed to or to act in any office under the crown, any office in the service of a local government authority of any office in a body corporate established by law for public purposes. subsection (2) shall not apply to anything that is expressly or by necessary implication authorized to be done by any such provision of law as is referred to in subsection (4) or (5). nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) of (2) to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) may be subjected to any restriction on the rights and freedoms guaranteed by section 9, 11, 12, 13 and 14, being such a restriction as is authorized by section 9(2), 11(5), 12(2) or 13(2) or, as the case may be, paragraph (a), (b), of (h) of section 14(3). nothing in subsection (2) shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under any law. nothing in subsection (2) shall apply in relation to the exercise of any function vested in any person or authority by any of the provisions of this constitution except sections 78(1), 79(2), 80(1), 82(1), 83 and 85 (which relate to the appointment etc, of public officers). 16. emergency measures derogating from s.5 of 15 nothing contained in or done under the authority of a law enacted by parliament shall be held to be inconsistent with or in contravention of section 5 or 15 to the extent that the law authorizes the taking during any period of public emergency of measures that are reasonably justifiable for dealing with the situation that exists in saint christopher and nevis or in part of saint christopher and nevis during that period. 17. protection of persons detained in derogation from s.5 when a person is detained under emergency measures derogating from section 5 by virtue of section 16 the following provisions shall apply, that is to sayhe shall, with reasonable promptitude and in any case not more than seven days after the commencement of his detention, be informed in a language that he understands and is detail of the grounds upon which he is detained and furnished with a written statement in english specifying those grounds in detail; not more than fourteen days after the commencement of his detention, a notification shall be published in the gazette stating that he has been detained and giving particulars of the provisions of law under which his detention is authorized; not more than one month after the commencement of his detention and thereafter during his detention at intervals of not more than three months, his case shall be reviewed by and independent and impartial tribunal established by law and presided over by a person appointed by the chief justice from among persons who hold the office of magistrate or who are legal practitioners; he shall be afforded reasonable facilities for private communication and consultation with a legal practitioner of his own choice who shall be permitted to make representations to the tribunal appointed for the review for the case of the detained person; and at the hearing of his case by the tribunal appointed for the review of his case he shall be permitted to appear in person or to be represented by a legal practitioner of his own choice. on any review by a tribunal in pursuance of this section for the case of a detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by which it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations. nothing contained in subsection (1)(d) or (1)(e) shall be construed as entitling a person to legal representation at public expense. 18. enforcement of protective provisions if any person alleges that any of the provisions of section 3 to 17 (inclusive) has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter that is lawfully available, that person (or that other person) may apply to the high court for redress. the high court shall have original jurisdictionto hear and determine any application made by any person in pursuance of subsection (1); and to determine any question arising in the case of any person that is referred to it in pursuance of subsection (3) and may make such declarations and orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of section 3 to 17 (inclusive): provided that the high court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleger are or have been available to the person concerned under any other law. if in any proceedings in any court (other than the court of appeal or the high court or a court-martial) any question arises as to the contravention of any of the provisions of section 3 to 17 (inclusive), the person presiding in that court may and, if any party to the proceedings so requests, shall refer the question to the high court unless, in his opinion, the raising of the question is merely frivolous or vexatious. where any question is referred to the high court in pursuance of subsection (3), the high court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal to the court of appeal or to her majesty in council, in accordance with the decision of the court of appeal or, as the case may be, of her majesty in council. the high court shall have such powers in addition to those conferred by this section as may be conferred upon it by the legislature for the purpose of enabling it more effectively to exercise the jurisdiction conferred upon it by this section. the chief justice may make rules with respect to the practice and procedure of the high court in relation to the jurisdiction and powers conferred on it by or under this section (including rules with respect to the time within which applications may be brought and references shall be made to the high court). 19. declaration of emergency the governor-general may by proclamation declare that for the purposes of this chapter a state of emergency exists either in saint christopher and nevis. a proclamation under subsection (1) shall not be effective unless it includes a declaration that the governor-general is satisfied that a public emergency has arisen because of the possibility that her majesty may shortly be at war; because of the occurrence of any accident or natural calamity, or because action has been taken by any person, or there is an imminent threat of action by any person, of such a nature and on so extensive a scale as to be likely to endanger the public safety or to deprive the community or any substantial portion of the community of supplies or services essential to life. every declaration of emergency shall lapsein the case of a declaration made when the national assembly sitting, at the expiration of a period of seven days beginning with the date of publication of the declaration; and in any other case, at the expiration of a period of twenty-one days beginning with the date of publication of the declaration unless it has in the meantime been approved by resolution of the assembly. a declaration under subsection (1) that a state of emergency exists in a part of saint christopher and nevis that comprises or includes all or part of the island of nevis shall, to the extent that it relates to that island, lapsein the case of a declaration made when the nevis island assembly is sitting, at the expiration of a period of seven days beginning with the date of publication of the in ant other case, at the expiration of a period of twenty-one days beginning with the date of publication of the declaration, unless it has in the meantime been approved by resolution of the assembly. a declaration of emergency may at any time be revoked by the governor-general by proclamation. unless sooner revokeda declaration of emergency that has been approved by resolution of the nevis island assembly in pursuance of subsection (3) shall cease to be in force if that resolution ceases to be in force; and furthermore a declaration of emergency that has been approved by resolution of the nevis island assembly in pursuance of subsection (4) shall, to the extent that it relates to the island of nevis, cease to be in force if that resolution ceases to be in force notwithstanding that a declaration of the national assembly approving it in pursuance of subsection (3) remains in force. a resolution of the national assembly or the nevis island assembly passed for the purposes of this section shall remain in force for twelve months or such shorter period as may be specified therein: provided that any such resolution may be extended from time to time by a further such resolution, each extension not exceeding twelve months from the date of the resolution effecting the extension, and any such resolution may be revoked at any time by a further resolution. a resolution of the national assembly for the purposes of subsection (3) and a resolution of the assembly extending any such resolution shall not be passed in the assembly unless it is supported by the votes of not less than two-thirds of all the representatives and senators; and a resolution revoking any such resolution shall not be passed unless it is supported by the votes of a majority of all the representatives and senators. any provision of this section that a declaration of emergency shall lapse or cease to be in force at any particular time is without prejudice to the making of a further declaration of emergency whether before or after that time. in the exercise of his powers to make or revoke any such declaration as is referred to in subsection (4) the governor-general shall act in accordance with the advice of the prime minister but no such advice shall be given without the concurrence of the premier. in this section "declaration of emergency" means a declaration under subsection (1). 20. interpretation and savings in this chapter, unless the context otherwise requires "contravention", in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly; "court" means any court of law having jurisdiction in saint christopher and nevis other than a court established by a disciplinary law, and includes her majesty in council and in sections 4 and 6 a court established by a disciplinary law; "disciplinary law" means a law regulating the discipline of any disciplined force; "disciplinary force" meansa defence force; the police force; or a prison service; "member", in relation to a disciplined force, includes any person who, under the law regulating the discipline or that force, is subject to that discipline. in this chapter "a period of public emergency" means any period during whichher majesty is at war; or there is in force a declaration under section 19 that a state of emergency exists in saint christopher and nevis or in part of saint christopher and nevis. in relation to any person who is a member of a disciplined force of saint christopher and nevis, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this chapter other than sections 4, 6 and 7. in relation to any person who is a member of a disciplined force of a country other than saint christopher and nevis and lawfully present in saint christopher and nevis, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this chapter. nothing in this chapter shall be construed as empowering the legislature to make any law that would impede the due exercise by any person or authority (including any authority established for the island of nevis by chapter x) of any power or other functions vested in that person or authority by this constitution. chapter iii. the governor-general 21. establishment of office there shall be for saint christopher and nevis a governor-general who shall be a citizen appointed by her majesty and shall hold office during her majesty's pleasure and who shall be her majesty's representative in saint christopher and nevis. 22. acting governor-general during any period when the office of governor-general is vacant or the holder of the office of governor-general is absent from saint christopher and nevis or is for any other reason unable to perform the functions of his office those functions shall be performed by such person as her majesty may appoint. any person appointed under subsection (1) shall hold office during her majesty's pleasure and shall in any case cease to perform the functions of the office of governor-general if the holder of the office of governor-general has notified him that he is about to assume or resume those functions. the holder of the office of governor-general shall not, for the purposes of this section, be regarded as absent from saint christopher and nevis or as unable to perform the function of his officeby reason that he is in passage from one part of saint christopher and nevis to another; or at any time when there is a subsisting appointment of a deputy under section 23(1). 23. deputy to governor-general when the governor-general has occasion to be absent from the seat of government but not from saint christopher and nevis; has occasion to be absent from saint christopher and nevis for a period that he considers, in his own deliberate judgment, will be of short duration; or is suffering from an illness that he considers, in his own deliberate judgment, will be of short duration, he may appoint any person in saint christopher and nevis to be his deputy during such absence or illness and in that capacity to perform on his behalf such of the functions of the office of governor-general as he may specify. without prejudice to subsection (1), the governor-general shall appoint a person in the island of nevis as deputy governor-general to be his deputy in that island and in that capacity to signify on his behalf that he assents or withholds his assent to any bill passed by the nevis island assembly and to perform on his behalf such other functions of the office of governor-general relating to that island as he may specify. the power and authority of the governor-general shall not be abridged, altered or in any way affected by the appointment of a deputy under this section and, subject to the provisions of this constitution and any other law, a deputy shall conform to and observe all instructions that the governor-general, acting in his own deliberate judgment, may from time to time address to him: provided that the question whether or not a deputy has conformed to and observed any such instructions shall not be enquired into by any court of law. subject to subsection (5), a person appointed under subsection (1) or, as the case may be, subsection(2) shall hold his appointment for such period as may be specified by the governor-general at the time of his appointment. any appointment made under subsection (1) or, as the case may be, subsection (2) may be revoked at any time by the governor-general. the governor-general shall act in relation to the making of an appointment under subsection (1) or the revocation of such an appointment, in accordance with the advice of the prime minister; and in relation to the making of an appointment under subsection (2) or the revocation of such an appointment, in accordance with the advice of the premier. 24. oaths a person appointed to hold or act in the office of governor-general or to be his deputy shall, before entering upon the duties of that office, take and subscribe the oath of allegiance and the oath of office. chapter iv. parliament part 1. composition or parliament 25. establishment there shall be for saint christopher and nevis a parliament which shall consist of her majesty and a national assembly. 26. national assembly the national assembly shall consist ofsuch number of representatives as corresponds with the number or constituencies for the time being established in accordance with section 50; and such number of senators as is specified in subsection (2), who shall be appointed in accordance with section 30. the number of senators shall be three or such greater number (not exceeding two-thirds of the number of representatives) as may be prescribed by parliament: provided that at any time when a person who is a senator holds the office of attorney-general the number of senators shall be increased by one. if a person who is not a member of the national assembly is elected to be speaker they shall be a member of the assembly. at any time when the office of attorney-general is a public office the attorney-general shall, by virtue of holding or acting in that office, be a member of the national assembly. any person who sits or votes in the national assembly knowing or having reasonable grounds for knowing that he is not entitled to do so shall be guilty of a criminal offence and liable to a fine not exceeding one hundred dollars, or such other sum as may be prescribed by parliament, for each day on which he so sits or votes in the assembly. any prosecution for an offence under subsection (5) shall be instituted in the high court and shall not be so instituted except by the director of public prosecutions. 27. qualification for representatives and senators subject to section 28, a person shall be qualified to be elected or appointed as a member of the national assembly if, and shall not be so qualified unless, he is a citizen of the age of twenty-one years or upwards and he or one of his parents was born in saint christopher and nevis and he is domiciled there at the date of his nomination for election or his appointment, as the case may be. 28. disqualifications for representatives and senators a person shall not be qualified to be elected or appointed as a member if heis, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state; is a minister of religion; is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law; is a person certified to be insane or otherwise adjudge to be of unsound mind under any law; or is under sentence of death imposed on him by a court of law in any part of the commonwealth or is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended. if it is so provided by parliament, a person shall not be qualified to be elected or appointed as a member if he holds or is acting in any office that is specified by parliament and the functions of which involve responsibility for, or in connection with, the conduct of any election of representatives or members of the nevis island assembly or the compilation of any register of voters for the purpose of electing representatives or members of that assembly. if it is so provided by parliament, a person who is convicted by any court of law of any criminal offence that is prescribed by parliament and that is connected with the election of representatives or members of the nevis island assembly or is reported guilty of such an offence by the court trying an election petition shall not be qualified, for such a period (not exceeding five years) following his conviction or, as the case may be, following the report of the court as may be so prescribed, to be elected or appointed as a member. a person shall not be qualified to be elected as a representative who is a senator; and a person shall not be qualified to be appointed as a senator who is, or is nominated for election as, a representative or who has at any time since parliament was last dissolved stood as a candidate for election as a representative without being so elected. if it is so provided by parliament, and subject to such exceptions and limitations (if any) as parliament may prescribe, a person shall not be qualified to be elected or appointed as a member ifhe holds or is acting in any office or appointment (whether specified individually or by reference to a class of office or appointment) other than the office of elected member of nominated member of the nevis island assembly or member of the nevis island administration; he belongs to any defence force or to any class of person that is comprised in any such force; he belongs to any police force or to any class of person that is comprised in any such force; or subject to any exception or limitations prescribed by parliament, he has any such interest in any such government contract as may be so prescribed. in this section"government contract" means any contract made with the government or with a department of the government or with an officer of the government contracting as such; "member" means member of the national assembly; "minister or religion" means any person in holy orders and any other person the principal function of whose occupation include teaching or preaching in any congregation for religious worship. for the purposes of paragraph (e) of subsection (1) two or more sentences or imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentence exceeds twelve months, but if any one of such sentence exceeds that term they shall be regarded as on sentence; and no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default or the payment of a fine. 29. election of representatives each of the constituencies established in accordance with the provisions of section 50 of this constitution shall return one representative to the national assembly who shall be directly elected in such manner as may, subject to the provisions of this constitution, be prescribed by or under any law enacted by parliament. every commonwealth citizen of the age of eighteen years or upward who possesses such qualifications relating to residence or domicile in saint christopher and nevis as parliament may prescribe shall, unless he is disqualified by parliament from registration as such, be entitled to be registered as a voter for the purpose of electing representatives in one (but not more than one) constituency in accordance with the provisions of any law in that behalf and no other person may be registered as such. every person who is registered under subsection (2) in any constituency shall, unless he is disqualified by parliament from voting in any election of representatives or of members of the nevis island assembly, be entitled so to vote in that constituency in accordance with the provisions of any law in that behalf and no other person may so vote. in any election of representatives the votes shall be given by ballot in such manner as not to disclose how any particular person votes. 30. appointment of senators of the senatorsone-third or their number (excluding any senator who holds the office of attorney-general) shall be appointed by the governor-general, acting in accordance with the advice of the leader to the opposition; and the others shall be appointed by the governor-general, acting in accordance with the advice of the prime minister. in this section "one-third" means, in relation to a number of senators that is not a multiple of three, one-third of the next higher number that is such a multiple. 31. tenure of office of representatives and senators an elected or appointed member shall vacate his seat in the national assembly at the next dissolution of parliament after his election or appointment. a senator appointed under subsection (1)(a) of section 30 shall vacate his seat in the national assembly if his appointment is revoked by the governor-general, acting in accordance with the advice of the leader of the opposition, and a senator appointed under subsection (1)(b) of that section shall vacate his seat in the assembly if his appointment is revoked by the governor-general, acting in accordance with the advice of the prime minister. an elected or appointed member shall also vacate his seat in the assemblyif he is absent from the sittings of the assembly for such period and in such circumstances as may be prescribed in the rules of procedure or the assembly; if he ceases to be a citizen; subject to subsection (4), if any other circumstances arise that, if he were not a member, would cause him to be disqualified to be elected or appointed as such by virtue of subsection (1) of section 28 or of any law enacted in pursuance of subsection (2), (3) or (5) of that section; or in the case of a senator who holds the office of attorney-general, if he ceases to hold that office. 4 if any such circumstances as are referred to in paragraph (c) of subsection (3) arise because an elected or appointed member is under sentence of death or imprisonment, adjudge to be of unsound mind, declared bankrupt or convicted or reported guilty of an offence relating to elections and if it is open to the member to appeal against the decision (either with the leave of a court of law or other authority or without such leave) he shall forthwith cease to perform his functions as a member but, subject to the provisions of this section, he shall not vacate his seat until the expiration of a period or thirty days thereafter: provided that the speaker may, at the request of the member, from time to time extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the national assembly. if, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the member or if, by reason of the expiration of any period for entering an appeal or notice thereof on the refusal of leave to appeal or for any other reason, it ceases to be open to the member to appeal, he shall forthwith vacate his seat. if at any time before the member vacates his seat such circumstances cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (a) and he may resume the performance of his functions as a member. in this section "member" means member of the national assembly. 32. speaker and deputy speaker when the national assembly first meets after any general election and before it proceeds to the despatch of any other business, if shall elect a person to be the speaker of the assembly; and if the office of speaker falls vacant at any time before the next dissolution of parliament the assembly shall, as soon as practicable, elect another person to that office. the speaker may be elected from among the members of the national assembly who are not members of the cabinet or parliamentary secretaries or from among persons who are not members of the assembly but who are qualified for election as a representative or appointment as a senator. when the national assembly first meets after any general election and before it proceeds to the despatch of any other business except the election of the speaker the assembly shall elect a member of the assembly who is not a member of the cabinet or a parliamentary secretary to be deputy speaker of the assembly, and if the office of deputy speaker falls vacant at any time before the next dissolution of parliament, the assembly shall, as soon as convenient, elect another such member to that office. no business shall be transacted in the national assembly (other than the election of a speaker) at any time when the office of speaker is vacant. a person shall vacate the office of speaker or deputy speakerin the case of a speaker elected from among the members of the national assembly or in the case of the deputy speakerif he ceases to be a member of the assembly: provided that the speaker shall not vacate his office by reason only that he has ceased to be a member of the assembly on a dissolution of parliament, until the assembly first meets after the dissolution; or if he becomes a member of the cabinet or a parliamentary secretary. in the case of a speaker elected from among persons who are not members of the assemblywhen the assembly first meets after any dissolution of parliament; if he ceases to be a citizen; or if any circumstances arise that would cause him to be disqualified for election as a representative or appointment as a senator; or in the case of the deputy speaker, if he is elected to be speaker. 6 if, by virtue of section 31(4),the speaker or the deputy speaker is required to cease to perform his functions as a member of the national assembly he shall also cease to perform his functions as speaker or deputy speaker, as the case may be, and those functions shall, until he vacates his seat in the assembly or resumes the performance of the functions of his office, be performedin the case of the speaker, by the deputy speaker or, if the office of deputy speaker is vacant or the deputy speaker is required to cease to perform his functions as a member of the assembly, by such member of the assembly (not being a member of the cabinet or a parliamentary secretary) as the assembly may elect for the purpose; in the case of the deputy speaker, by such member of the assembly (not being a member of the cabinet or a parliamentary secretary) as the assembly may elect for the purpose. if the speaker or deputy speaker resumes the performance of his functions as a member of the assembly, he shall also resume the performance of his functions as speaker or deputy speaker, as the case may be. 33. electoral commission there shall be for saint christopher and nevis an electoral commission (hereinafter in this section referred to as the commission) which shall consist ofa chairman appointed by the governor-general, acting in his own deliberate judgment; one member appointed by the governor-general, acting in accordance with the advice of the prime minister; and one member appointed by the governor-general, acting in accordance with the advice of the leader of the opposition. a person shall not be qualified to be appointed as a member of the commission if he is a representative, a senator or a member of the nevis island assembly or a public officer nor, in the case or the chairman, unless he holds one of the specified qualifications and has held one or other of those qualifications for a total period of not less than seven years. a member of the commission shall vacate his officeat the expiration of such period as may be specified by the governor-general at the time of his appointment; if any circumstances arise that, if he were not a member of the commission, would cause him to be disqualified for appointment as such; or if the governor-general, acting in his own deliberate judgment in the case of the chairman, in accordance with the advice of the prime minister in the case of a member appointed under subsection (1)(b) or in accordance with the advice of that leader of the opposition in the case of a member appointer under subsection (1)(c), so directs. the function of the commission shall be to supervise the supervisor of elections in the performance of his functions under sections 34(1), 38(9) and 113(5). the commission may regulate its own procedure and, with the consent of the prime minister, may confer powers and impose duties on any public officer or on any authority of the government for the purpose of the discharge of its functions. the commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings: provided that any decision of the commission shall require the concurrence of a majority of all its members. 34. supervisor of elections there shall be a supervisor of elections whose duty it shall be to exercise general supervision over the registration of voters in elections of representatives and over the conduct of such elections. the functions of the office of supervisor of elections shall be exercised either by the person holding or acting in such public office as may for the time being be designated in that behalf by the governor-general or, if the governor-general so decides, by such other person who is not a public officer as may for the time being be so designated. a person shall not enter upon the duties of the office of supervisor of elections until he has taken and subscribed the oath of allegiance and the oath of office. for the purposes of the exercise of his functions under subsection (1), the supervisor or elections may give such directions as he consider necessary or expedient to any registering officer, presiding officer or returning officer relating to the exercise by that officer of his functions under any law regulating the registration of voters or the conduct of elections, and any officer to whom any such directions are given shall comply with those directions. the supervisor of elections may, whenever he considers it necessary or expedient to do so and shall whenever so required by the commission, report to the electoral commission on the exercise of this functions under subsection (1); he shall also submit every such report to the minister for the time being responsible for matters relating to the election of representatives; and that minister shall, not later than seven days after the national assembly first meets after he has received the report, lay it before the assembly together with such comments thereon as he may have received from the commission. in the exercise of his powers under subsection (2) the governor-general shall act in his own deliberate judgment after consulting the prime minister, the premier and the leader of the opposition. in the exercise of his functions under subsection (1), the supervisor of elections shall act in accordance with such directions as he may from time to time be given by the electoral commission but shall not be subject to the direction or control of any other person or authority. the supervisor of elections shall exercise such other functions in relation to elections whether to the national assembly or to local government authorities as may be prescribed by or under any law enacted by parliament. 35. clerk of national assembly and his staff there shall be a clerk of the national assembly. the office of the clerk of the national assembly and the offices of the members of this staff shall be public offices. 36. determination of questions of membership the high court shall have jurisdiction to hear and determine any question whetherany person has been validly elected as a representative; any person has been validity appointed as a senator; any person who has been elected as speaker from among persons who were not members of the national assembly was qualified to be elected or has vacated the office of speaker; or any member of the assembly has vacated his seat or is required, by virtue of section 31(4), to cease to perform his functions as a member of the assembly. an application to the high court for the determination of any question under subsection (1)(a) may be made by any person entitled to vote in the election to which the application relates or by any person who was, or who alleges that he was, a candidate at that election or by the attorney-general and, if it is made by a person other than the attorney-general, the attorney-general may intervene and may then appear or be represented in the proceedings. an application to the high court for the determination of any question under subsection (1)(b) or (1)(c) may be made by any representative or by the attorney-general and, if it is made by a person other than the attorney-general, the attorney-general may intervene and may then appear or be represented in the proceedings. an application to the high court for the determination of any question under subsection (1)(d) may be madeby any representative or by the attorney-general; or in the case of the seat of a representative, by any person registered in some constituency as a voter in elections of representatives, and, if it is made by a person other than the attorney-general, the attorney-general may intervene and may then appear and be represented in the proceedings. there shall be such provision as may be made by parliament with respect tothe circumstances and manner in which and the imposition of conditions upon which any application may be to the high court for determination of any question under this section; and the powers, practice and procedure of the high court in relation to any such application. an appeal shall lie as of right to the court of appeal from any final decision of the high court determining any such question as is referred to in subsection (1). no appeal shall lie from any decision of the court of appeal in exercise of the jurisdiction conferred by subsection (6) and no appeal shall lie from any decision of the high court in proceedings under this section other than a final decision determining any such question as is referred to in subsection (1) of this section. in the exercise of his functions under this section, the attorney-general shall not be subject to the direction or control of any other person or authority. part 2. legislation and procedure in parliament 37. power to make laws subject to the provisions of this constitution, parliament may make laws for the peace, order and good government of saint christopher and nevis. save as otherwise provided in subsections (3) and (4) the power of parliament to make laws having effect in the island of nevis shall not extend to any of the specified matters (that is to say, matters with respect to which the nevis island legislature has exclusive power to make laws so having effect). if it is expressly declared in any law enacted by parliament that the nevis island administration has requested and consented to the enactment in respect to the island of nevis of any of the provisions of that law relating to any of the specified matters those provisions shall accordingly have effect in the island of nevis as if they had been enacted by the nevis island legislature and may be amended or revoked accordingly. at any time when there is in force a declaration made by the governor-general by proclamation that any provisions of any law enacted by parliament specified in that declaration (being provisions that relate to a specified matter) are required to have effect in the island of nevisin the interests of external affairs, or in the interests of defence, those provisions shall accordingly have effect in the island of nevis; and if there is any inconsistency between those provisions and the provisions of any law enacted by the nevis island legislature, the provisions of the law enacted by parliament shall prevail. a law enacted by parliament shall not be regarded as extending to a specified matter by reason only that it contains incidental or supplementary provisions relating to that matter and having effect in the island of nevis; and if there is any inconsistency between any such provisions and the provisions of any law enacted by the nevis island legislature, the provisions of the law enacted by parliament shall prevail. parliament may make additions to the specified matters but a bill for that purpose shall not be regarded as being passed in the national assembly unless on its final reading it is supported by the votes of not less than two-thirds of all the representatives. in the exercise of his powers to make or revoke any such declaration as is referred to in subsection (4) the governor-general shall act in accordance with the advice of the prime minister but no such advice shall be given without the concurrence of the premier. 38. alteration of constitution and supreme court order parliament may alter any of the provisions of this constitution or of the supreme court order in the manner specified in the following provisions of this section. a bill to alter any of the provisions of this constitution or of the supreme court order shall not be regarded as being passed by the national assembly unless on its final regarding the bill is supported by the votes of not less than two-thirds of all the representatives. a bill to alter this section, schedule 1 to this constitution or any of the provisions of this constitution specified in part 1 of that schedule or any of the provisions of the supreme court order specified in part 2 of that schedule shall not be submitted to the governor-general for his assent unlessthere has been an interval of not less than ninety days between the introduction of the bill in the national assembly and the beginning of the proceedings in the assembly on the second reading of the bill; and after it has been passed by the assembly the bill has been approved on a referendum by not less than two-thirds of all the votes validity cast on that referendum in the island of saint christopher and two-thirds of all the votes validly cast on that referendum in the island of nevis. the provisions of paragraph (b) of subsection (3) shall not apply in relation to any bill to altersection 99 in order to give effect to any agreement between saint christopher and nevis and the united kingdom concerning appeals from any court having jurisdiction in saint christopher and nevis to her majesty in council; any of the provisions of the supreme court order in order to give effect to any international agreement of which saint christopher and nevis is a party relating to the supreme court or any other court of law (or any officer or authority having functions in respect of any such court) constituted in common for saint christopher and nevis and for other countries also parties to the agreement; or any of the provisions of this constitution relating to the island of nevis that have become spent or inappropriate as a result of the enactment by the nevis island legislature of a law under section 113(1) providing that the island of nevis shall cease to be federated with the island of saint christopher. a bill to alter section 104 in its application to other provisions of this constitution (not being provisions referred to in subsection (3) of this section) shall not be submitted to the governor-general for his assent unless the alteration is in accordance with a request from, or the consent of the nevis island assembly signified by resolution; and references in section 104 to those other provisions shall not be construed as including references to any law altering those other provisions unless that section is altered so to provide. every person who, at the time when a referendum is held for the purposed of this section, would be entitled to vote in elections of representatives held in the island of saint christopher shall be entitled to vote on that referendum in that island; every person who, at that time, would be entitled to vote on that referendum in that island; and no other person shall be entitled to vote on that referendum in the island of saint christopher or, as the case may be, in the island of nevis. the right of any person to vote on a referendum under this section shall be exercised in accordance with such procedures as may be prescribed by parliament for the purposes of the referendum. in any referendum for the purposes of this section the voters shall given by ballot in such manner as not to disclose how any particular person votes. the conduct of any referendum for the purposes of this section shall be the responsibility of the supervisor of elections and the provisions of subsections (4), (5) and (7) of section 34 shall apply in relation to the exercise by the supervisor of elections or by any other officer of his functions with respect to a referendum as they apply in relation to the exercise of his functions with respect to elections of representatives. 10 a bill to alter any of the provisions of this constitution or of the supreme court order shall not be submitted to the governor-general for his assent unless it is accompanied by certificate under the hand of the speaker that the provisions of subsection (2) and, where applicable, those of subsection 3(a) have been complied with and, where a referendum has been held in pursuance of subsection (3)(b), by a certificate under the hand of the supervisor of elections stating the results of the referendum. the certificate of the speaker under this subsection shall be conclusive that the provisions of subsections (2) and, where applicable, those of subsections (3) have been complied with and shall not be enquired into in any court of law. in this subsection references to the speaker shall, if the person holding the office of speaker is for any reason unable to perform the functions of his office and no other person is performing them, include references to the deputy speaker. 39. oath every member of the national assembly shall, before taking his seat in the assembly, take and subscribe before the assembly the oath of allegiance but a member may before taking that oath take part in the election of the speaker. any person elected to the office of speaker shall, if he has not already taken and subscribed the oath of allegiance under subsection (1) take and subscribe that oath before the national assembly before entering upon the duties of his office. 40. presiding there shall preside at any sitting of the national assemblythe speaker. in the absence of the speaker, the deputy speaker; or in the absence of the speaker and the deputy speaker, such member of the assembly (not being a member of the cabinet or a parliament secretary) as the assembly may elect for that purpose. 41. voting save as otherwise provided in section 19(8), 37(6) or 38(2), any question proposed for decision in the national assembly shall be determined by a majority of the votes of the members present and voting: provided that question of no confidence in the government shall be determined by a majority of the votes of all the representatives. except in the case of a question of no confidence in the government, a question shall not be regarded as having been validly determined by a vote in the national assembly on occasions when the numbers of members voting are recorded unless not less than three fifths of all the members, or such greater number of members as parliament may prescribe, take part in the voting. subject to subsection (4), a person presiding in the assembly shall not vote unless on any question the votes of the members are equally divided, in which case he shall have and exercise a casting vote: provided that in the case of the question of the final reading of any such bill as is referred to in section 38(2) he shall, if he is a representative, have an original vote but no casting vote. a speaker who was elected from among persons who were not members of the national assembly shall have neither an original nor a casting vote and if upon any question before the assembly when such a speaker is presiding, the votes of the member are equally divided, the motion shall be lost. 42. mode of exercise of legislative power the power of parliament to make laws shall be exercised by bills passed by the national assembly and assented to by the governor-general. when a bill is submitted to the governor-general for assent in accordance with the provisions of this constitution he shall signify that he assents or that he withholds assent. when the governor-general assents to a bill that has been submitted to him in accordance with the provisions of this constitution the bill shall become law and the governor-general shall thereupon cause it to be published in the gazette as law. no law made by parliament shall come into operation until it has been published in the gazette but parliament may postpone the coming into operation of any such law and may make laws with retrospective effect. 43. restrictions with regard to certain financial measures except on the recommendation of the governor-general signified by a minister, the national assembly shall not proceed upon any bill (including any amendment to a bill) that, in the opinion of the person presiding, makes provision for any of the following purposesfor the imposition of taxation or the alteration of taxation otherwise than by reduction; for the imposition of any charge upon the consolidated fund or any other public fund of the government or the alteration of any such charge otherwise than by reduction; for the payment, issue or withdrawal from the consolidated fund or any other public fund of the government of any moneys not charged thereon or any increase in the amount of such payment, issue or withdrawal; or for the composition or remission of any debt due to the crown in right of the government; or proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, would be to make provision for any of those purposes. 44. regulation of procedure in national assembly subject to the provisions of this constitution, the national assembly may regulate its own procedure and may in particular make rules for the orderly conduct of its own proceedings. the national assembly may act notwithstanding any vacancy in its membership (including any vacancy not filled when the assembly first meets after any general election) and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the assembly shall not invalidate those proceedings. 45. freedom of speech without prejudice to any provision made by parliament relating to the powers, privileges and immunities of the national assembly and its committees, or the privileges and immunities of the members and officers of the assembly and of other persons concerned in the business of the assembly or its committees, no civil or criminal proceedings may be or written in a report to, the assembly or a committee thereof or by reason of any matter or thing brought by him therein by petition, bill, resolution, motion or otherwise. part 3. summoning, prorogation and dissolution 46. sessions each session of parliament shall be held at such place within saint christopher and nevis and shall begin at such time, not being later than one hundred and eighty days from the end of the preceding session if parliament has been prorogue or ninety days from the holding of a general election of representatives if parliament has been dissolved, as the governor-general shall appoint by proclamation. subject to subsection (1), the sittings of the national assembly shall be held at such time and place as the assembly may, by its rules of procedure or otherwise, determine. 47. prorogation and dissolution the governor-general may at any time prorogue or dissolve parliament. subject to subsection (3), parliament, unless sooner dissolved, shall continue for five years from the date of the first sitting of the national assembly after any dissolution and shall then stand dissolved. at any time when her majesty is at war, parliament may extend the period of five years specified in subsection (2) for not more than twelve months at a time: provided that the life of parliament shall not be extended under this subsection for more than five years. in the exercise of his powers to dissolve parliament the governor-general shall act in accordance with advice of the prime minister: provided that if the office of the prime minister is vacant and the governor-general, acting in his own deliberate judgment, considers that there is no prospect of his being able within a reasonable time to appoint to that office a person who can command the support of the majority of the representatives, the governor-general shall dissolve parliament. if, after a dissolution of parliament and before the holding of the general election of representatives, the prime minister advises the governor-general that, because of some matter of urgent national importance, it is necessary to recall parliament, the governor-general shall summon the parliament that has been dissolved to meet, but the general election of representatives shall proceed and the parliament that has been recalled shall, if not sooner dissolved, again stand dissolved on the date appointed for the nomination of candidates in that general election. 48. holding of elections a general election of members of the national assembly shall be held at such time within ninety days after any dissolution of parliament as the governor-general may appoint. where the seat of a member of the national assembly falls vacant otherwise than by reason of a dissolution of parliamentif the vacant seat is that of a representative, by-election shall be held; or if the vacant seat is that of a senator, an appointment shall be made, to fill the vacancy within ninety days of the occurrence of the vacancy unless parliament is sooner dissolved. part 4. delimitation of constituencies 49. constituency boundaries commission there shall be for saint christopher and nevis a constituency boundaries commission (hereinafter in this section referred to as the commission) which shall consist ofa chairman appointed by the governor-general, acting in accordance with the advice of the prime minister given after the governor-general has consulted the leader of the opposition and such other persons as the governor-general, acting in his own deliberate judgment, has seen fit to consul; two members of the national assembly appointed by the governor-general, acting in accordance with the advice of the prime minister; and two members of the assembly appointed by the governor-general, acting in accordance with the advice of the leader of the opposition: provided that the chairman shall not be a member of the assembly or of the nevis island assembly. a member of the commission shall vacate his officeat the next dissolution of parliament after his appointment, in the case of the chairman, if any circumstances arise that, if he were not a member of the commission, would cause him to be disqualified for appointment as such; in the case of a member other than the chairman, if he cease to be a member of the national assembly otherwise than by reason of the dissolution of parliament; or if the governor-general, acting in accordance with the advice of the prime minister given after the governor-general has consulted the leader of the opposition in the case of the chairman, in accordance with the advice of the prime minister in the case of a member appointed under subsection (1)(b) or in accordance with the advice of the leader of the opposition in the case of a member appointed under subsection (1)(c), directs. the commission may regulate its own procedure and, with the consent of the prime minister, may confer powers and impose duties on any public officer or on any authority of the government for the purpose of the discharge of its functions. the commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings: provided that any decision of the commission shall require the concurrence of a majority of all its members. 50. review of constituency boundaries the constituency boundaries commission (hereinafter in this section referred to as the commission) shall, in accordance with the provisions of this section, review the number and boundaries of the constituencies into which saint christopher and nevis is divided and submit to the governor-general reports eithershowing the constituencies into which it recommends that saint christopher and nevis should be divided in order to give effect to the rules set out in schedule 2; or stating that, in its opinion, no alteration is required to the existing number or boundaries of constituencies in order to give effect to those rules. reports under subsection (1) shall be submitted by the commission at intervals of not less than two nor more than five years. as soon as may be after the commission has submitted a report under subsection (1)(a), the prime minister shall lay before the national assembly for its approval the draft of a proclamation by the governor-general for giving effect, whether with or without modifications, to the recommendations contained in the report, and that draft proclamation may make provisions for any matters that appear to the prime minister to be incidental to or consequential upon the other provisions of the draft. where any draft proclamation laid before the national assembly gives effect to any recommendations of the commission with modifications, the prime minister shall lay before the assembly together with the draft a statement of the reason for the modifications. if the motion for the approval of any draft proclamation laid before the national assembly under subsection (3) is rejected by the assembly, or is withdrawn by leave of the assembly, the prime minister shall amend the draft and lay the amended draft before the assembly. if any draft proclamation laid before the national assembly under subsection (3) or (5) is approved by a resolution of the assembly, the prime minister shall submit it to the governor-general who shall make a proclamation in terms of the draft; and that proclamation shall come into force upon the next dissolution of parliament after it is made. the question of the validity of any proclamation by the governor-general purporting to be made under subsection (6) and reciting that a draft thereof has been approved by resolution of the national assembly shall not be enquired into in any court of law except upon the ground that the proclamation does not give effect to rule 1 in schedule 2. chapter v. the executive 51. executive authority the executive authority of saint christopher and nevis is vested in her majesty. subject to the provisions of this constitutional, the executive authority of saint christopher and nevis may be exercised on behalf of her majesty by the governor-general either directly or through officers subordinate to him. nothing in this section shall prevent the legislature from conferring functions on persons or authorities other than the governor-general. in this section references to the executive authority of saint christopher and nevis include references to the executive authority of the island of nevis with respect to the specified matters. 52. ministers there shall be a prime minister of saint christopher and nevis who shall be appointed by the governor-general. whenever the governor-general has occasion to appoint a prime minister he shall appoint a representative who appears to him likely to command the support of the majority of the representatives. there shall be, in addition to the office of prime minister, an office of deputy prime minister and such other offices of minister of the government as may be established by parliament, or, subject to the provisions of any law enacted by parliament by the governor-general, acting in accordance with the advice of the prime minister. appointments to the office of minister, other than the office of prime minister, shall be made by the governor-general, acting in accordance with the advice of the prime minister, from among the members of the national assembly. if occasion arises for making an appointment to the office of prime minister or any other minister while parliament is dissolved, then, notwithstanding the provisions of subsections (2) and (4), a person who was a representative immediately before the dissolution may be appointed as prime minister and a person who was a representative or a senator immediately before the dissolution may be appointed as any minister other than prime minister. the governor-general shall remove the prime minister from office if a resolution of no confidence in the government is passed by the national assembly and the prime minister does not within three days either resign from his office or advice the governor-general to dissolve parliament. if, at any time between the holding of a general election of representatives and the first meeting of the national assembly thereafter, the governor-general considers that in consequence of changes in the membership of the assembly resulting from that election the prime minister will not be able to command the support of the majority of the representatives, the governor-general may remove the prime minister from office. the office of any minister shall become vacantif the holder of the office ceases to be a member of the national assembly otherwise than by reason of the dissolution of parliament; in the case of the prime minister, if, when the assembly first meet after any dissolution of parliament, he is not then a representative; in the case of any other minister, if, when the assembly first meets after any dissolution of parliament, he is not then a representative or a senator; or if, by virtue of section 31(4), he is required to cease to perform his functions as a member of the assembly. the office of a minister other than the prime minister shall become vacantif the governor-general, acting in accordance with the advice of the prime minister, so directs; if the prime minister resigns from office within three days after a resolution of no confidence in the government has been passed by the national assembly or is removed from office under subsection (6) or (7); or on the appointment of any person to the office of prime minister. in the exercise of the powers conferred upon him by subsections (2) and (7) the governor-general shall act in his own deliberate judgment. 53. cabinet there shall be for saint christopher and nevis a cabinet of ministers which shall consist of the prime minister and the other ministers. at any time when the office of attorney-general is a public office the attorney-general shall, by virtue of holding or acting in that office, be a member of the cabinet in addition to the minister. the functions of the cabinet shall be to advice the governor-general in the government of saint christopher and nevis and the cabinet shall be collectively responsible to the national assembly for any advice given to the governor-general by or under the general authority of the cabinet and for all things done by or under the authority of any minister in the execution of his office. subsection (3) shall not apply in relation tothe appointment and removal from office of ministers and parliamentary secretaries, the assignment of responsibility to any minister under section 54, or the authorization of another minister to perform the functions of the prime minister during absence or illness; the dissolution of parliament; the matters referred to in section 66 (which relate to the prerogative of mercy);or in relation to the government of the island of nevis, any matter in respect of which parliament has no power to make laws for the island of nevis. 54. allocation of portfolios the governor-general, acting in accordance with the advice of the prime minister, may, by directions in writing, assign to the prime minister, or any other minister responsibility for any business of the government, including the administration of any department of the government. 55. absence or illness of prime minister whenever the prime minister is absent from saint christopher and nevis or by reason of illness is unable to perform the functions conferred upon minister to perform those functions (other than the functions conferred by this section) and that minister may perform those functions until his authority is revoked by the governor-general. the powers of the governor-general under this section shall be exercised by him in accordance with the advice of the prime minister: provided that if the governor-general, acting in his own deliberate judgment, considers that it is impracticable to obtain the advice of the prime minister owing to his absence or illness he may exercise those powers without that advice and in his own deliberate judgment. 56. exercise of governor-general's functions in the exercise of his functions the governor-general shall act in accordance with the advice of the cabinet or a minister acting under the general authority of the cabinet except in cases where he is required by this constitution to act in accordance with the advice of, or the recommendation of, any person or authority other than the cabinet: provided that the foregoing provisions shall not apply where the governor-general is authorized to act in his own deliberate judgment in accordance with the following provisionssection 23 (which relates to the governor-general's deputy); section 33 and 34 (which relate respectively to the electoral commission and to the supervisor of elections); section 49 (which relates to the constituency boundaries commission); sections 52 and 55 (which relates to minister); section 58 (which relates to the leader of the opposition); section 77 (which relates to the public service commission); section 78 (which relates to the appointment etc. of public officers); section 86 (which relates to the public service board of appeal); and section 102 (which relates to the nevis island administration). where the governor-general is directed to exercise any function in accordance with the recommendation of any person or authority, he shall exercise that function accordingly: provided that before that governor-general acts in accordance with a recommendation in any case he may, acting in his own deliberate judgment, once request the person or authority by whom it is made to reconsider the recommendation and if, upon any reconsideration of a recommendation, the person or authority makes a different recommendation, the governor-general, acting in his own deliberate judgment, may likewise once request the person or authority by whom it is made to reconsider that different recommendation. during any period in which there is a vacancy in the office of leader of the opposition by reason of the fact that no person is both qualified for appointment to that office in accordance with section 58 and willing to accept appointment or if the governor-general, acting in his own deliberate judgment, considers that it is not practicable for him to obtain the advice of, or to consult, the leader of the opposition within the time within which it may be necessary for him to act, he may act without that advice and in his own deliberate judgment or, as the case may be, without such consultation, in the exercise of any power conferred upon him by this constitution in respect of which it is provided that he shall act on the advice of, or after consultation with the leader of the opposition. nothing in subsection (1) shall require the governor-general to act in accordance with the advice of the cabinet or a minister in exercise of the functions conferred upon him by the following provisionsthe provision to section 47(4) (which requires the governor-general to dissolve parliament in certain circumstances); section 52(6) (which requires the governor-general to remove the prime minister from office in certain circumstances); section 57 (which entitles the governor-general to information); sections 58(5), 77(5), 81(7), 82(7) and 86(5) (which requires the governor-general to remove the holders of certain offices from office in certain circumstances). the references in this section to sections 47, 52, 55, 57 and 58 include references to those sections as applied with modifications by section 104 (which relates to institution established for the island of nevis by chapter x). 57. governor-general to be kept informed the prime minister shall keep the governor-general fully informed concerning the general conduct of the government and shall furnish the governor-general with such information as he may request with respect to any particular matter for which the government is responsible. 58. leader of the opposition there shall (except at times when no representative is eligible for appointment) be a leader of the opposition in the national assembly who shall be appointed by the governor-general. whenever there is occasion for the appointment of a leader of the opposition the governor-general shall appoint the representative who appears to him to command the support of the largest single group of representatives who do not support the government: provided that no representative shall be eligible for appointment unless it appears to the governor-general that representative commands the support of at least one other representative. if occasion arises to appoint a leader of the opposition during the period between a dissolution of parliament and the day on which the ensuing election of representatives is held, an appointment may be made as if parliament has not been dissolved. the office of leader of the opposition shall become vacantif he ceases to be a member of the national assembly otherwise than by reason of a dissolution of parliament; if, when the assembly first meets after a dissolution of parliament, he is not then a representative; if, by virtue of section 31(4), he is required to cease to perform his functions as a member of the assembly; or if he is removed from office by the governor-general under subsection (5). if it appears to the governor-general that the leader of the opposition is no longer able to command the support of a majority of the representatives who do not support the government or (if no representative appears to him to be able to command such support) the support of the largest single group of representatives who do not support the government, he shall remove the leader of the opposition from office. the power of the government-general under this section shall be exercised by him in his own deliberate judgment. 59. parliamentary secretaries the governor-general, acting in accordance with the advice of the prime minister, may appoint parliamentary secretaries from among the members of the national assembly to assist ministers in the performance of their duties: provided that, if occasion arises for making an appointment while parliament is dissolved, a person who was a representative or a senator immediately before the dissolution may be appointed as a parliamentary secretary. the office of a parliamentary secretary shall become vacantif the governor-general, acting in accordance with the advice of the prime minister, so directs; if the prime minister resigns from office with three days after a resolution of no confidence in the government has been passed by the national assembly or is removed from office under section 52(6); upon the appointment of any person to the office of prime minister; if the holder of the office ceases to be a member of the assembly otherwise than by reason of a dissolution of parliament; if, when the assembly first meets after the dissolution of parliament, he is not then a representative or a senator; or if, by virtue of section 31 (4), he is required to cease to perform his functions as a member of the assembly. 60. oaths a minister or a parliamentary secretary shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance, the oath of office and the oath of secrecy. 61. permanent secretaries where any minister has been charged with responsibility for any department of the government, he shall exercise general direction and control over that department; and, subject to such direction and control every department of the government shall be under the supervision of a permanent secretary whose office shall be a public office; provided that two or more departments may be placed under the supervision of one permanent secretary. 62. secretary to cabinet there shall be a secretary to the cabinet whose office shall be a public office. the secretary to the cabinet, who shall have charge of the cabinet office, shall be responsible, in accordance with such instructions as may be given to him by the prime minister, for arranging the business for, and keeping the minutes of, the cabinet and for conveying the decisions of the cabinet to the appropriate person or authority and shall have such other functions as the prime minister may direct. 63. constitution of offices etc subject to the provisions of this constitution and of any other law, the governor-general may constitute offices for saint christopher and nevis, make appointments to any such office and terminate any such appointment. 64. attorney-general there shall be an attorney-general who shall be the principal legal adviser to the government. the office of attorney-general shall be either a public office or the office of a minister. no person shall be qualified to hold or act in the office of attorney-general unless he is qualified for elections as representative or appointment as a senator and is also qualified to practice as a barrister in saint christopher and nevis. 65. control of public prosecutions there shall be a director of public prosecutions whose office shall be a public office. the director of public prosecutions shall have power in any case in which he considers it desirable so to doto institute and undertake criminal proceedings against any person before any court of law (other than in a court-martial) in respect of any offence under a law alleged to have been committed by that person; to take over and continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority. the power of the director of public prosecutions under subsection (2) may be exercised by him in person or through other persons acting under and in accordance with his general or special instructions. the power conferred on the director of public prosecutions by paragraphs (b) and (c) of subsection (2) shall be vested in him to the exclusion of any other person or authority: provided that where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the court. for the purposes of this section, any appeal from a judgment in criminal proceedings before any court or any case stated or question of law reserved for the purpose of any such proceedings, to any other court (including her majesty in council) shall be deemed to be part of those proceedings: provided that the power conferred of the director of public prosecutions by subsection (2)(c) shall not be exercised in relation to any appeal by a person convicted in any criminal proceedings or to any case stated or question of law reserved at the instance of such a person. in the exercise of the functions vested in him by subsection (2) and by section 26 (5) and 101(6), the director of public prosecutions shall not be subject to the direction or control of any other person or authority. 66. prerogative of mercy the governor-general maygrant a pardon, either free or subject to lawful conditions, to any person convicted of any criminal offence under a law; grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any such offence; substitute a less severe form of punishment for any punishment imposed on any person for any such offence; or remit the whole or any part of any punishment imposed on any person for any such offence or of any penalty or forfeiture otherwise due to the crown on account of any such offence. the powers of the governor-general under this section shall be exercised by him in accordance with the advice of such minister as may from time to time be designated by the governor-general, acting in accordance with the advice of the prime minister. 67. committee on prerogative of mercy there shall be for saint christopher and nevis an advisory committee on the prerogative of mercy (hereinafter in this section referred to as the committee) which shall consist ofthe minister for the time being designated under section 66(2), who shall be chairman; the attorney-general; and not less than three nor more than four other members appointed by the governor-general. a member of the committee appointed under subsection (1)(c) shall hold his seat thereon for such period as may be specified by the governor-general at the time of his appointment: provided that his seat shall become vacantin the case of a person who was a minister when he was appointed, if he ceases to be a minister; or if the governor-general so directs. the committee may act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings. the committee may regulate its own procedure. in the exercise of his functions under this section, the governor-general shall act in accordance with the advice of the prime minister. 68. functions of committee where any person has been sentenced to death (otherwise than by a court-martial) for a criminal offence under any law, the minister for the time being designated under section 66(2) shall cause a written report of the case from the trial judge (or the chief justice, if a report from the trial judge cannot be obtained) together with such other information derived from the record of the case or elsewhere as he may require, to be taken into consideration at a meeting of the advisory committee of the prerogative of mercy; and after obtaining the advice of the committee he shall decide in his own deliberate judgment whether to advise the governor-general to exercise any of his power under section 66(1). the minister for the time being designated under section 66(2) may consult with the advisory committee on the prerogative of mercy before tendering any advice to the governor-general under that subsection in any case not falling within subsection (1) of this section but he shall not be obliged to act in accordance with the recommendation of the committee. chapter vi. finance 69. consolidated fund all revenue or other moneys raised or received by the government (not being revenues or other moneys that are payable, by or under any law, into some other fund of the government established for a specific purpose) shall be paid into and form a consolidated fund. 70. withdrawals from consolidated fund or other public funds no moneys shall be withdrawn from the consolidated fund except to meet expenditure that is charged upon the fund by this constitution or by any law made in pursuance of section 72. where the issue of those moneys has been authorised by an appropriation law or by a law made in pursuance of section 72. where any moneys are charged by this constitution or any law enacted by parliament upon the consolidated fund or any other public fund of the government, they shall be paid out of that fund by the government to the person or authority to whom payment is due. no moneys shall be withdrawn from any public fund of the government other than the consolidated fund unless the issue of those moneys has been authorized by or under any law. there shall be such provision as may be made by parliament prescribing the manner in which withdrawals may be made from the consolidated fund or any other public fund of the government. the investment of moneys forming part of the consolidated fund shall be made in such manner as may be prescribed by or under a law enacted by parliament. notwithstanding subsection (1), provision may be made by or under a law enacted by parliament authorizing withdrawals to be made from the consolidated fund, in such circumstance and to such entente as may be prescribed by or unbar a law enacted by parliament, for the purpose of making repayable advances. 71. authorization of expenditure from consolidated fund by the appropriation law the minister for the time being responsible for finance shall cause to be prepared and laid before the national assembly before, or not later than sixty days after, the commencement of each financial year estimates of the revenues and expenditure of the government for that financial year. when the estimates of expenditure (other than expenditure charged upon the consolidated fund by this constitution or by any law enacted by parliament) have been approved by the national assembly, a bill known as an appropriation bill, shall be introduced in the assembly providing for the issue from the consolidated fund of the sums, under separate votes for the several services required, to the purposes specified therein. if in respect of any financial year it is foundthat the amount appropriated by the appropriation law to any purpose is insufficient or that a need has arisen for expenditure for a purpose to which no amount has been appropriated by that law; or that any moneys have been expended for any purpose in excess of the amount appropriated to that purpose by the appropriation law or for a purpose to which no amount has been appropriated by that law, a supplementary estimate showing the sums required or spent shall be laid before the national assembly and, when the supplementary appropriation shall be introduced in the assembly providing for the issue of such sums from the consolidated fund and appropriating them to the purposes specified therein. 72. authorization of expenditure in advance of appropriation there shall be such provisions as may be made by parliament under which, if the appropriation law in respect of any financial year has not come into operation by the beginning of that financial year, the minister for the time being responsible for finance may authorize the withdrawal of moneys from the consolidated fund for the purpose of meeting expenditure necessary to carry on the services of the government until the expiration of four months from the beginning of that financial year or the coming into operation of the law, whichever is the earlier. 73. warrants for unforeseen expenditure if it appears to the minister for the time being responsible for finance thatthere is an urgent need to incur expenditure; no provision exist for that expenditure in any appropriation law or other law; and it would not be in the public interest to delay the authorization of that expenditure until such time as a supplementary estimate can be laid before the national assembly, the minister may, by special warrant, authorize the issue from the consolidated fund of the money required to meet that expenditure: provided that the total such for the time being authorized to be issued under this subsection, for which no provisions has been made by an appropriation law, shall not exceed such amount as may be prescribed by parliament. where in any financial year any expenditure has been authorized by special warrant under subsection (1) the minister for the time being responsible for finance shall cause a supplementary estimate relating to that expenditure to be laid before the national assembly at the first sitting of the assembly occurring after the expiration of fourteen days from the date of the warrant and a supplementary appropriation bill shall be introduced in the assembly providing for the issue of the sums authorized to be spent and appropriating them to the purposed specified therein. 74. remuneration of certain officers there shall be paid to the holders of the offices to which this section applies such salaries and such allowances as may be prescribed by or under a law enacted by parliament. the salaries and allowances prescribed under subsection (1) shall be a charge on the consolidated fund. the salary prescribed under subsection (1) in respect of the holder of an office and his other terms of service (other than allowances that are not taken in to account in computing, under any law in that behalf, any pension payable in respect of his service in that office) shall not be altered to his disadvantage after his appointment. when a person's salary or other terms of service depend upon his option, the salary or terms for which he opts shall, for the purposes of subsection (3), be deemed to be more advantageous to him than any others for which he might have opted. this section applies to the office of the governor-general, member of the public service commission, member of the police service commission, member of the public service board of appeal, the director of public prosecutions and the director of audit. nothing in this section shall be construed as affecting section 88 of this constitution (which protects pensions rights in respect of service as a public officer). 75. public debt all debt charges for which the government is liable shall be a charge on the consolidated fund. for the purposes of this section debt charges include interest, sinking fund charges, the repayment or amortization of debt and all expenditure in connection with the raising of loans on the security of the consolidated fund and the service and redemption of the debt created thereby. 76. audit of public accounts etc there shall be a director of audit whose office shall be a public office. the director of audit shallsatisfy himself that all moneys that have been appropriated by parliament and disbursed have been applied to the purposes to which they were so appropriated and that the expenditure conforms to the authority that governs it; and at least once in every year audit and report on the public accounts of the government, the accounts of all officers and authorities of the government, the accounts of all courts of law in saint christopher and nevis (including any accounts of the supreme court maintained in saint christopher and nevis), the accounts of every commission and board established by this constitution and the accounts of the clerk of the national assembly. the director of audit and any officer authorized by him shall have access to all books, records, returns, reports and other documents that in his opinion relate to any of the accounts referred to in subsection (2). the director of audit shall submit every report made by him in pursuance of subsection (2) to the minister for the time being responsible for finance who shall, not later than seven days after the national assembly first meets after he has received the report, lay it before the assembly. if the minister fails to lay a report before the national assembly in accordance with subsection (4) the director of audit shall transmit copies of the report to the speaker who shall, as soon as practicable, present them to the assembly. the director of audit shall exercise such other functions in relation to the accounts of the government or the accounts of other authorities or bodies established by law for public purposes as may be prescribed by or under any law enacted by parliament. in the exercise of his function under subsection (2), (3), (4) and (5), the director of audit shall not be subject to the direction or control of any other person or authority. chapter vii. the public service commission 77. public service commission there shall be for saint christopher and nevis a public service commission (hereinafter in this section referred to as the commission) which shall consist of a chairman and not less than two nor more than four other members who shall be appointed as followsthe chairman and not more than three other members shall be appointed by the governor-general, acting in accordance with the advice of the prime minister; and one member shall be appointed by the governor-general, acting in accordance with the advice of the prime minister, from among persons selected by the appropriate representative body or, if there is no such body, by the governor-general, acting in his own deliberate judgment: provided that, for the purposes of discharging its functions in relation to public offices on the staff of the nevis island administration, the commission shall consist of the chairman who has been appointed as aforesaid; such one of the members appointed as aforesaid as may be designated in that behalf by the chairman; and two members appointed specifically in relation to the island of nevis by the governor-general, acting in accordance with the advice of the prime minister after the prime minister has consulted the premier. a person shall not be qualified to be appointed as a member of the commissionunless he is a commonwealth citizen ordinarily resident in saint christopher and nevis; or if he is member of the national assembly or the nevis island assembly or a public officer. subject to the provisions of this section, the office of a member of the commission shall become vacantat the expiration of such period (not being less than two years nor more than five years from the date of his appointment) as may be specified by the governor-general, acting in accordance with the advice of the prime minister, at the time of this appointment; or if any circumstances arise that, if he were not a member of the commission, would cause him to be disqualified to be appointed as such under subsection (2). a member of the commission may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause or for misbehavior and shall not be so removed except in accordance with the provisions of this section. a member of the commission shall be removed from office by the governor-general if the question of his removal from office has been referred to a tribunal appointed under subsection (6) and the tribunal has recommended to the governor-general that he ought to be removed from office for inability as aforesaid or for misbehavior. if the prime minister represents to the governor-general that the question of removing a member of the commission under this section ought to be investigated thenthe governor-general shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the chief justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from such a court; and the tribunal shall enquire into the matter and report on the facts thereof to the governor-general and recommend to him whether the member ought to be removed under this section. if the question of removing a member of the commission has been referred to a tribunal under this section, the governor-general, acting in accordance with the advice of the prime minister, may suspend that member from the exercise of the function of his office and any such suspension may at any time be revoked by the governor-general, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the governor-general that member should not be removed. if the office of chairman of the commission is vacant or if the holder of that office is for any reason unable to exercise the function of this office, then, until a person has been appointees to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be exercised by such other member of the commission as may for the time being be designated by the governor-general, acting in accordance with the advice of the prime minister. if at any time there are less than two members of the commission beside the chairman or if any such member is acting as chairman or is for any reason unable to exercise the functions of his office, the governor-general, acting in accordance with the advice of the prime minister, may appoint a person who is qualified to be appointees as a member of the commission to act as a member, and any person so appoints shall, subject to subsection (4), continue to act until the office in which he is acting has been filled or, as the case may be, until the holder thereof that resumed his functions or until his appointment to act has been revoked by the governor-general, acting in accordance with the advice of the prime minister. a member of the commission shall not enter upon the duties of his office until he has taken and subscribed the oath of allegiance and the oath of office. the commission shall, in the exercise of its functions under this constitution, not be subject to the direction or control of any other person or authority. the commission may by regulation or otherwise regulate its own procedure, and with the consent of the prime minister, may confer powers or impose duties on any public officer or on any authority of the government for the purpose of the exercise of its functions. the commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence of participation of any person not entitled to be present at or to participate in those proceedings: provided that any decision of the commission shall require the concurrence of a majority of all its members. in this section "the appropriate representative body" means such body (if any) as may be designated by the governor-general, acting in accordance with the advice of the prime minister, as the principal body in saint christopher and nevis representing the interests of public officers. 78. appointment etc. of public officers subject to section 87, the power to appoint persons to hold or act in offices in the public service (including the power to confirm appointments), and the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the governor-general, acting in accordance with the recommendation of the public service commission (hereinafter in this section referred to as the commission). the governor-general, acting in accordance with the recommendation of the commission, may, be directions in writing and subject to such conditions as he thinks fit, delegate any of his power under subsection(1) to any one or more members of the commission or, with the consent of the prime minister, to any public officer. the provisions of this section shall not apply in relation to the following offices, that is to sayany office to which section 79 applies; the office of attorney-general; the office of director of public prosecutions; the officer of director of audit; any office to which section 83 applies; or any office in the police force. no person shall be appointed under this section to or to act in any office on the governor-general's personal staff except with the concurrence of the governor-general, acting in his own deliberate judgment. before the commission makes any recommendation in relation to the clerk of the national assembly or a member of his staff for the purposes of subsection (1) or (2) and before any other person exercises in relation to the clerk of the national assembly or a member of his staff any power delegated to him under subsection (2), the commission or that person shall consult the speaker. before the commission recommends the governor-general under subsection (1), or any other person exercises any power delegated to him under subsection (2), to appoint to hold or act in any public office any person who is in the public service of the government of any other country or territory, the commission or that person shall consult the prime minister. before the commission recommends the governor-general under subsection (1), or any other person exercises any power delegated to him under subsection (2), to appoint to or to act in any public office any person who holds or is acting in any office to which section 83 of this constitution applies, the commission or that person shall consult the judicial and legal services commission. a public officer shall not be removed from office or subjected to any other punishment under this section on the grounds of any act done or omitted by him in the exercise of a judicial functions conferred on him unless the judicial and legal services commission concurs therein. part 2. appointment etc, to particular offices 79. appointment etc. of permanent secretaries and certain other officers this section applies to the offices of secretary to the cabinet, permanent secretary of a department of the government, head or deputy head of a department of the government, any office for the time being designated by the public service commission as an office of a chief professional adviser to a department of the government and any office for the time being designated by the commission, after consultation with the prime minister, as an office the holder of which are required to reside outside saint christopher and nevis or whose function relate to external affairs. the power to appoint persons to hold or to act in offices to which this section applies (including the power to confirm appointments), and, subject to section 87, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the governor-general, acting in accordance with the recommendation of the public service commission. provided thatthe power to appoint a person to hold or act in an office of permanent secretary on transfer from another office carrying the same salary shall vest in the governor-general, acting in accordance with the advice of the prime minister; before the public service commission makes a recommendation to the governor-general with respect to the appointment of any person to hold an office to which this section applies (other than an appointment to an office of permanent secretary on transfer from another such office carrying the same salary) it shall consult with the prime minister and if the prime minister signifies his objection to the appointment of any person to the office, the commission shall not make a recommendation to the governor-general to appoint that person; in relation to any office of ambassador, high commissioner or other principal representative of saint christopher and nevis in any other country or accredited to any international organization the governor-general shall act in accordance with the advice of the prime minister, who shall, before tendering any such advice in respect of any person who holds any public office to which appointments are made by the governor-general in accordance with the recommendation of some other person or authority consult that person or authority. references in this section to a department of the government shall not include the office of the governor-general, the department of the attorney-general, the department of the director of public prosecutions the department of the director of audit, the department of the clerk of the national assembly or the police force. 80. attorney-general when a public officer this section shall have effect at any time when the office of attorney-general is a public office. the power to appoint a person to hold or act in the office of attorney-general shall vest in the governor-general, acting in accordance with the recommendation of the public service commission: provided that before the public service commission makes any recommendation under this subsection it shall consult the prime minister and the judicial and legal services commission: the power to exercise disciplinary control over and remove from office a person holding or acting in the office of attorney-general shall vest in the governor-general, acting in accordance with the recommendation for the judicial and legal services commission: provided that before the judicial and legal services commission makes any recommendation under this subsection it shall consult the public service commission. 81. director of public prosecutions the director of public prosecutions shall be appointed by the governor-general, acting in accordance with the recommendation of the judicial and legal services commission. if the office of director of public prosecutions is vacant or if the holder of that office is for any reason unable to exercise the functions of his office, the governor-general, acting in accordance with the recommendation of the judicial and legal services commission, may appoint a person to act as director. a person shall not be qualified to be appointed to hold the office of director of public prosecutions unless he holds one of the specified qualifications and has held one or other of those qualifications for a total period of not less than five years. a person appointed to act in the office of director of public prosecutions shall, subject to subjections (5), (7), (8) and (9), cease so to act when a person is appointed to hold that office and has assumed the functions thereof or, as the case may be, when the person in whose place he is acting resumes the functions of that office; or at such earlier time (if any) as may be specified by the governor-general at the time of his appointment. subject to subsection (7), the director of public prosecutions shall vacate his office when he attains the prescribed age. a person holding the office of director of public prosecutions may be removed from office only for inability to exercise the function of his office (whether arising from infirmity of body or mind or any other cause or for misbehavior) and shall not be so removed except in accordance with the provisions of this section. the director of public prosecutions shall be removed from office by the governor-general if the question of his removal from office has been referred to a tribunal appointed under subsection (8) and the tribunal has recommended to the governor-general that he ought to be removed for inability as aforesaid or for misbehavior. if the prime minister or the chairman of the judicial and legal service commission represents to the governor-general that the question of removing the director of public prosecutions under this section ought to be investigated, thenthe governor-general shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the chief justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from such a court; and the tribunal shall enquire into the matter and report on the facts thereof to the governor-general and recommend to him whether the director ought to be removed under this section. if the question of removing the director of public prosecutions has been referred to a tribunal under this section, the governor-general, acting in accordance with the advice of the judicial and legal services commission, may suspend the director from the exercise of the functions of his office and any such suspension may at any time be revoked by the governor-general, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the governor-general that the director should not be removed. the prescribed age for the purposes of subsection (5) is the age of fifty-five years or such other age as may be prescribed by parliament: provided that any law enacted by parliament, to the extent to which it alters the prescribed age after a person has been appointed to be or to act as director of public prosecutions, shall not have effect in relation to that person unless he consents that it should have effect. 82. director of audit the director of audit shall be appointed by the governor-general, acting in accordance with the recommendation of the public service commission. if the office of director of audit is vacant or if the holder of that office is for any reason unable to exercise the functions of his office, the governor-general, acting in accordance with the recommendation of the public service commission, may appoint a person to act as director. before making any recommendation for the purposes of subsection (1) or (2), the public service commission shall consult the prime minister. a person appointed to act in the office of director of audit shall subject to subsections (5), (7), (8) and (9), cease to act when a person is appointed to hold that office and has assumed the functions thereof or, as the case may be, when the person in whose place he is acting resumes the functions of that office; or at such earlier time (if any) as may be specified by the governor-general at the time of his appointment. subject to subsection (7), the director of audit shall vacate his office when he attains the prescribed age. a person holding the office of director of audit may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehavior and shall not be so removed except in accordance with the provisions of this section. the director of audit shall be removed from office by the governor-general if the question of his removal from office has been referred to a tribunal appointed under subsection (8) and the tribunal has recommended to the governor-general that he ought to be removed for inability as aforesaid or for misbehavior. if the prime minister or the chairman of the public service commission represents to the governor-general that the question of removing the director of audit under this section ought to be investigatedthe governor-general shall appoint a tribunal which shall consist of a chairman and not less than two other members selected by the chief justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from such a court; and the tribunal shall enquire into the matter and report on the facts thereof to the governor-general and recommend to him whether the director ought to be removed under this section. if the question of removing the director of audit has been referred to a tribunal under this section, the governor-general, acting in accordance with the advice of the public service commission, may suspend the director or audit from the exercise of the functions of his office and any such suspension may at any time be revoked by the governor-general, acting in accordance with such advice, and shall in any case cease to have effect if the tribunal recommends to the governor-general that the director should not be removed. the prescribed age for the purposes of subsection (5) is the age of fifty-five or such other age as may be prescribed by parliament: provided that any law enacted by parliament, to the extent to which is alters the prescribed age after a person has been appointed to be or to act as director of audit, shall not be have effect in relation to that person unless he consents that it should have effect. 83. appointment etc. of magistrates, registrars and legal officers this section applies to the office of magistrate, registrant of the high court and to any public office in the department of the attorney-general (other than the public office of attorney-general) or the department of the director of public prosecutions (other than the office of director) for appointment to which persons are required to hold one or other of the specified qualifications. the power to appoint persons to hold or act in offices to which this section applies (including the power to confirm appointments) shall vest in the governor-general, acting in accordance with the recommendation of the public service commission: provided that before making any recommendation as to the exercise of the powers conferred by this section in any case the public service commission shall consult the judicial and legal services commission. the power to exercise disciplinary control over persons holding or acting in offices to which this section applies and the power to remove such persons from office shall vest in the governor-general, acting in accordance with the recommendation of the judicial and legal service commission: provided that before making any recommendation as to the exercise of the powers conferred by this subsection in any case the judicial and legal services commission shall consult the public service commission. part 3. the police 84. police service commission there shall be for saint christopher and nevis a police service commission (hereinafter in this section referred to as the commission) which shall consist ofthe chairman and the members of the public service commission appointed under paragraph (a) of section 77(1); and one member appointed by the governor-general, acting in accordance with the advice of the prime minister, who shall, if persons have been selected in that behalf by the appropriate representative body, be so appointed from among those persons. the provisions of sections 77(2), 77(3), 77(4), 77(5), 77(6), 77(7) and 77(10) shall apply in relation to a member of the commission appointed under paragraph (b) of subsection (1) as they apply in relation to a member of the public service commission. the member of the public service commission for the time being performing the functions of the chairman of that commission shall perform the functions of the chairman of the commission. any person for the time being authorized to act as a member of the public service commission under section 77(9) (other than a person so authorized on account of the inability of a member thereof appointed under section 77(b)) shall act as a member of the commission. if at any time the member of the commission appointed under paragraph (b) of subsection (1) of this section if for any reason unable to exercise the functions of his office, the governor-general, acting in accordance with the advice of the prime minister, may appoint a person who is qualified to be appointed as a member of the commission to act as a member, and any person so appointed shall, subject to subsection (2), continue to act until the holder of the office has resumed his functions or until his appointment to act has been revoked by the governor-general, acting in accordance with the advice of the prime minister. the commission shall, in the exercise of its functions under this constitution, not be subject to the direction or control of any other person or authority. the commission may by regulations otherwise regulate its own procedure and, with the consent of the prime minister, may confer powers or impose duties on any public officer or on any authority of the government for the purpose of the exercise of its functions. the commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participate in those proceedings: provided that any decision of the commission shall require the concurrence of a majority of all its members. in this section "the appropriate representative body" means such body (if any) as may be designated by the governor-general, acting in accordance with the advice of the prime minister, as the principal body in saint christopher and nevis representing the interests of officers of the police force. 85. appointment etc. of police officers subject to section 87, the power to appoint persons to hold or act in offices in the police force (including the power to confirm appointments), the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the governor-general, acting in accordance with the recommendation of the police service commission: provided that before the commission makes any recommendation to the governor-general with respect to the appointment of any person to hold the office of chief of police or deputy chief of police the commission shall consult with the prime minister and if the prime minister signifies his objection to the appointment of any person to the office the commission shall not recommend the governor-general to appoint that person. the governor-general, acting in accordance with the recommendation of the police service commission, may, by directions in writing and subject to such conditions as he thinks fit, delegate any of his powers under subsection (1) to any one or more members of the commission of with the consent of the prime minister, to the chief of police or any other officer of the police force. before the police service commission recommends the governor general under subsection (1), or any other person or authority exercises any power delegated to him under subsection (2), to appoint to or to act in any office in the police force any person who holds or is acting in any office to which section 83 applies the commission shall consult with the judicial and legal services commission. an officer to the police force shall not be removed from office or subjected to any other punishment under this section on the grounds of any act done or omitted by him in the exercise of a judicial function conferred on him unless the judicial and legal service commission concurs therein. part 4 86. the public service board of appeal there shall be for saint christopher and nevis a public service board of appeal (hereinafter in this section referred to as the board) which shall consist ofone member appointees by the governor-general, who shall be chairman; one member appointed by the governor-general, acting in accordance with the advice of the prime minister; and one member appointed by the governor-general, who shall, when there is an appropriate representative body, act in accordance with the recommendation of that body. a person shall not be qualified for appointment as a member of the board if he is a member of the national assembly and a person shall not be qualified for appointment under subsection (1)(c) unless he is or has at any time been a public officer. subject to the provisions of this section, the office or a member of the board shall become vacantat the expiration of three years from the date of his appointment; or if any circumstances arise that, if he were not a member of the board, would cause him to be disqualified to be appointed as such under subsection (2). a member of the board may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehavior and shall not be so removed except in accordance with the provisions of this section. a member of the board shall be removed from office by the governor-general, if the question of his removal from office has been referred to a tribunal appointed under subsection (6) and the tribunal has recommended to the governor-general that he ought to be removed from office for inability as aforesaid or for misbehavior. if the governor-general considers that the question of removing a member of the board under this section ought to be investigated, thenthe governor-general shall appoint a tribunal which shall consist of a chairman and not less than two other members selected by the chief justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from such a court; and the tribunal shall enquire into the matter and report on the facts thereof to the governor-general and recommend to him whether the member ought to be removed under this section. if the question of removing a member of the board has been referred to a tribunal under this section, the governor-general may suspend that member from the exercise of the functions of his office and any such suspension may at any time be revoked by the governor-general and shall in any case cease to have effect if the tribunal recommends to the governor-general that member should not be removed. 8 if at any time any member of the board is for any reason unable to exercise the functions of his office, the governor-general may appoint a person who is qualified to be appointed as a member of the board to act as a member, and any person so appointed shall, subject to subsection (4), continue to act until the holder of the office has resumed his functions or until his appointment to act has been revoked by the governor-general. where the member of the board unable to exercise the functions of his office was appointed under paragraph (b) of subsection (1), the governor-general shall act in accordance with the advice of the prime minister and where he was appointed under paragraph (c) of that subsection the governor-general shall, when there is an appropriate representative body, act in accordance with the recommendation of that body in exercise of the powers conferred by this subsection. the board shall, in the exercise of its functions under this constitution, not be subject to the direction or control of any other person or authority. in this section "appropriate representative body" means a body designated under section 77(14). in the exercise of the powers conferred upon him by this section the governor-general shall, except where it is otherwise expressly provided, act in his own deliberate judgment. 87. appeals to public service board of appeal this section applies toany decision of the governor-general, acting in accordance with the recommendation for the public service commission or the police service commission, to remove a public officer from office or to exercise disciplinary control over a public officer (including a decision made on appeal from or confirming a decision or any person to whom powers are delegated under section 77(2) or 85(2)); any decision of any person to whom powers are delegated under section 77(2) or 85(2) to remove a public officer from office or to exercise disciplinary control over a public officer (not being a decision that is subject to appeal to or confirmation by the governor-general, acting in accordance with the recommendation of the public service commission or the police service commission); and such decisions with respect to the discipline of any defence force established for saint christopher and nevis as may be prescribed by parliament. subject to subsection (5), an appeal shall lie to the public service board or appeal (hereinafter in this section referred to as the board) from any decision to which this section applies at the instance of the public officer or member of the defence force in respect of whom the decision is made. upon an appeal under this section the board may affirm or set aside the decision appealed against or may make any other decision that the authority or person from whom the appeal lies could have made. every decision of the board shall require the concurrence of a majority of all its members. the board may by regulation make provision for its own procedure and the procedure on appeals under this section and may, with the approval of the governor-general, by regulationexcept from the provisions of subsection (2) decisions in respect of public officers holding offices whose emoluments do not exceed such amount as may be prescribed by the regulations or such decisions to exercise disciplinary control over public officers, other than decisions to remove a public officer from office, as may be so prescribed; and confer powers or impose duties on any public officer or on any authority of the government for the purpose of the exercise of its functions. part 5. pensions 88. pensions laws and protection of pensions rights the law to be applied with respect to any pension benefits that were granted to any person at any time before 19th september 1983 shall be the law that was in force at the date on which those benefits were granted or any law in force at a later date that is not less favorable to that person. the law to be applied with respect to any pensions benefits (not being benefits to which subsection (1) applies) shallin so far as those benefits are wholly in respect of a period of service as a public officer or a judge that commenced at any time before 19th september 1983 by law that was in force on that date; and in so far as those benefits are wholly or partly in respect of a period of service as a public officer or a judge that commenced on or after that date, be the law in force on the date on which that period of service commenced, or any law in force at a later date that is not less favorable to that person. where a person is entitled to exercise an option as to which of two or more laws shall apply in his case, the law for which he opts shall, for the purposes of this section, be deemed to be more favorable to him than the other law or laws. all pensions benefits shall (except to the extent they are charged by law upon and duly paid out of some other fund) be a charge on the consolidated fund. in this section "pensions benefits" means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as members of the national assembly, judges or officers of the supreme court or public officer or for the widows, children, dependents or personal representatives of such persons in respect of such service. references in this section to the law with respect to pensions benefits include (without prejudice to their generality) references to the law regulating the circumstances in which such benefits may be granted or in which the grant of such benefits may be refused, the law regulating the circumstances in which any such benefits that have been granted may be withheld, reduced in amount or suspended and the law regulating the amount of any such benefits. 89. power to withhold pensions etc where under any law any person or authority has a discretionto decide whether or not any pension benefits shall be granted; or to withhold, reduce in amount or suspend any such benefits that have been granted, those benefits shall be granted and may not be withheld, reduced in amount or suspended unless the public service commission concurs in the refusal to grant the benefits or, as the case may be, in the decision to withhold them, reduce them in amount or suspend them. where the amount of any pensions benefits that may be granted to any person is not fixed by law, the amount of the benefits to be granted to him shall be the greatest amount for which he is eligible unless the public service commission concurs in his being granted benefits of a smaller amount. the public service commission shall not concur under subsection (1) or (2) in any action taken on the ground that any person who holds or has held the office of judge of the court of appeal, judge of the high court, director of public prosecutions or director of audit has been guilty of misbehavior in that office unless he has been removed from that office by reason of such misbehavior. before the public service commission concurs under subsection (1) or (2) in any action taken on the ground that any person who holds or has held any office to which, at the time of such action, section 83 of this constitution applies has been guilty of misbehavior in that office, the public service commission shall consult the judicial and legal services commission. in this section "pensions benefits" means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as judges or officer of the supreme court or public officers or for the widows, children, dependents or personal representatives of such person in respect of such service. chapter viii. citizenship 90. persons who become citizens at independence the following persons shall become citizens on 19th september 1983every person who, having been born in saint christopher and nevis, was immediately before that date a british citizen or a british dependent territories citizen; every person who, having been born outside saint christopher and nevis, was immediately before that date a british citizen or a british dependent territories citizen by virtue or registration or naturalization in saint christopher and nevis or by virtue of his adoption in saint christopher and nevis in a manner recognized by law; every other person who was immediately before that date a british citizen or a british dependent territories citizen and either of whose parents becomes, or but for death or renunciation of citizenship would have become, a citizen by virtue of paragraph (a), (b) or (d); every other person who was immediately before that date a british citizen or a british dependent territories citizen and either or whose parents becomes, or but for death or renunciation of citizenship would have become, a citizen by virtue of paragraph (a), (b) or (c); every other person who, having been born, adopted in a manner recognized by law, registered or, as the case may be, naturalized in anguilla before 19th december 1980 and having been ordinarily resident in saint christopher and nevis since a date earlier than that date, was immediately before 19th september 1983 a british citizen or a british dependent territories citizen; any person who was immediately before 19th september 1983 a british citizen or a british dependent territories citizen and one of whose grandparents becomes, or but for death or renunciation of citizenship would have become, a citizen by virtue of paragraph (a) or (b); every other person who immediately before that date by virtue of section 113(10) of the constitution then in force belonged to saint christopher and nevis for the purposes of that constitution; and every other person who was immediately before that date under the age of eighteen years and is the child of a person who becomes, or but for death or renunciation of citizenship would have become, a citizen by virtue of any of the preceding paragraphs. 91. persons who become citizens after independence the following persons born on or after 19th september 1983 shall become citizens at the date of their birthevery person born in saint christopher and nevis: provided that a person shall not become a citizen by virtue of this paragraph if at the time of his birthneither of his parents is a citizen and either of them passed such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to saint christopher and nevis; or either of his parents is a citizen of a country with which her majesty is at war and the birth occurs in a place then under occupation by that country; every person born outside saint christopher and nevis if at the date of his birth either of his parents is, or but for death would have become, a citizen employed in service under the government or under an authority of the government that requires him to reside outside saint christopher and nevis for the proper discharge of his functions. 92. registration the following person shall, if they do not already possess citizenship, be entitled, upon making application, to be registered as citizensany person who is married to citizen; any person who, being a commonwealth citizen, is ordinarily resident in saint christopher and nevis having been so resident for the period of fourteen years immediately preceding the date of his application; any person who, having been a citizen, has renounced his citizenship; any person who, but for renunciation of citizenship, would have become a citizen by virtue of section 90; any person who is married to any such person as is mentioned in paragraph (b), (c) or (d); any person whowas married to a person who but for his death would have become a citizen by virtue of section 90; or was married to a person who became a citizen by virtue of that section, but whose marriage to that person has been terminated by dissolution at any time before 19th september 1983 after having subsisted for at least three years; any person under the age of eighteen years who is the child of a citizen of the child of a person who is or would but for his death have been entitled to be registered as a citizen under any of the preceding paragraphs; and such other persons as may be prescribed by parliament: provided that if it is so provided by parliament an application for registration as a citizen under this subsection may, in such circumstances as may be prescribed by parliament in the interests of defence, public safety or public order, be refused by the minister responsible for the matter in any case in which he is satisfied that there are reasonable grounds for refusing the application. an application for registration under subsection (1) shall be made in such manner as may be prescribed, as respects that application, by or under a law enacted by parliament and, in the case of a person under the age of eighteen years, it shall be made on his behalf by his parent or guardian: provided that, if any such person is or has been married, he may make the application himself. every person not already owing allegiance to the crown who, having reached the age of eighteen years, applies for registration under subsection (1) shall, before such registration, taken the oath of allegiance. for the purposes of paragraph (b) of subsection (1) any person who was ordinarily resident in anguilla for any period before 19th december 1980 shall be regarded as having been ordinarily resident in saint christopher and nevis during that period. 93. dual citizenship if a person who is a citizen of some other country or entitled to be registered as such is entitled to registration as a citizen under section 92, he shall not, by reason only that he is or may become a citizen of that other country, be refused registration under that section or be required to renounce his citizenship of the country as a condition of being registered under that section. any such person as is referred to in subsection (1) shall not, if he is a citizenbe refused a passport of saint christopher and nevis, or have such a passport withdrawn, canceled or impounded, by reason only that he is in possession of a passport issued by some other country of which he is a citizen; or be required to surrender, or be prohibited from acquiring, a passport issued by some other country of which he is a citizen before being issued with a passport of saint christopher and nevis or as a condition of retaining such a passport. 94. acquisition renunciation, certification and deprivation there shall be such provision as may be made by parliamentfor the naturalization as citizens of persons who are not entitled to become citizens under section 92; for the renunciation by any person of his citizenship; for the certification of citizenship in relation to persons who are or were formerly citizens upon application by such persons or by such other interested persons as may be prescribed; and for depriving of his citizenship any person who has become a citizen by virtue of registration or naturalization if his citizenship was obtained by false representation or fraud or willful concealment of material facts or if he is convicted under any law of an act of treason or sedition: provided that any law enacted for the purposes of paragraph (d) shall include provisions under which the person concerned shall have a right of appeal to a court of law of competent jurisdiction or other independent authority and shall be permitted to appear before the court or authority in person or, at his own expense, to be represented by a legal practitioner of his own choice. 95. interpretation for the purpose of this chapter, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country. any reference in this chapter to the national status of the parent of a person at the time of that person's birth shall, in relation to a person born after his father's death, be construed as a reference to the national status of the father at the time of the father's death; and where that death occurred before 19th september 1983 and the birth occurred on or after that date shall be deemed to be his national status at the time of this death. references in this chapter to registration or naturalization are references to registration as a citizen under section 92 or naturalization as a citizen under any law made in pursuance of section 94 and include references toregistration or naturalization as a british citizen or a british dependent territories citizen under the british nationality act 1981 (a); registration or naturalization as a citizen of the united kingdom and colonies under the british nationality act 1948 (b); and naturalization as a british subject before that act came into force. references in this chapter to renunciation of citizenship in relation to period before 19th september 1983 are reference to renunciation of british citizenship, citizenship of the british dependent territories, citizenship of the united kingdom and colonies or, as the case may be, the status of a british subject before the british nationality act 1948 came into force. for the purposes of this chapter a person shall be regarded as having been registered or naturalized in saint christopher and nevis or, as the case may be, in anguilla if he was registered or naturalized while resident in saint christopher and nevis or, as the case may be, while resident in anguilla; a person who was adopted by a person who at the time of the adoption was resident in saint christopher and nevis or, as the case may be, in anguilla shall be regarded as having been adopted in saint christopher and nevis or, as the case may be, in anguilla; and a newborn infant found abandoned in saint christopher and nevis or, as the case may be, in anguilla shall, unless the contrary is shown, be regarded as having been born in saint christopher and nevis or, as the case may be, in anguilla. chapter ix. judicial provisions 96. original jurisdiction of high court in constitutional question subject to sections 23(3), 37(10)(b), 50(7) and 116(2), any person who alleges that any provision of this constitution (other than a provision of chapter ii) has been or is being contravened may, if he has a relevant interest, apply to the high court for a declaration and for relief under this section. the high court shall have jurisdiction on an application made under this section to determine whether any provision of this constitution (other than a provision of chapter ii) has been or is being contravened and to make a declaration accordingly. where the high court makes a declaration under this section that a provision of this constitution has been or is being contravened and the person on whose application the declaration is made has also applied for relief, the high court may grant to that persons such remedy as it considers appropriate, being a remedy available generally under any law in proceedings in the high court. the chief justice may make rules with respect to the practice and procedure of the high court in relation to the jurisdiction and powers conferred on the court by or under this section, including provision with respect to the time within which any application under this section may be made. a person shall be regarded as having a relevant interest for the purpose of an application under this section only if the contravention of this constitution alleged by him is such as to affect his interests. the rights conferred on a person by this section to apply for a declaration and relief in respect of an alleged contravention of this constitution shall be in addition to any other action in respect of the same matter that may be available to that person under any law. nothing in this section shall confer jurisdiction on the high court to hear or determine any such question as is referred to in section 36. 97. reference of constitutional question to high court where any question as to the interpretation of this constitution arises in any court of law established for saint christopher and nevis (other than the court of appeal, the high court or a court-martial) and the court is of the opinion that the question involves a substantial question of law, the court may, and shall if any party to the proceedings so requests, refer the question to the high court. where any question is referred to the high court in pursuance of this section, the high court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if the decision is the subject of any appeal to the court of appeal or to her majesty in council, in accordance with the decision of the court of appeal or, as the case may be, of her majesty in council. 98. appeals to court of appeal subject to section 36, an appeal shall lie from decisions of the high court to the court of appeal as of right in the following casesfinal decisions in any civil or criminal proceedings that involve a question as to the interpretation of this constitution; final decision given in exercise of the jurisdiction conferred on the high court by section 18 (which relates to the enforcement of the fundamental rights and freedoms); final decisions given in exercise of the jurisdiction conferred on the high court by section 112 (which relates to disputes between the nevis island administration and the government); and such other cases as may be prescribed by parliament. 99. appeals to her majesty in council an appeal shall lie from decisions of the court of appeal to her majesty in council as of right in the following casesfinal decision in any civil proceedings where the matter in dispute on the appeal to her majesty in council is of the prescribed value or upwards or where the appeal involves directly or indirectly a claim to or question respecting property or a right of the prescribed value or upwards: final decisions in proceedings for dissolution or nullity of marriage; final decisions in any civil or criminal proceedings that involve a question as to the interpretation of this constitution; final decisions given in exercise of the jurisdiction conferred on the high court by section 112; and such other cases as may be prescribed by parliament. subject to section 36(7), an appeal shall lie from decisions of the court of appeal to her majesty in council with the leave of the court of appeal in the following casesdecisions in any civil proceedings where in the opinion of the court of appeal the question involved in the appeal is one that, by reason of its great general or public importance or otherwise, ought to be submitted to her majesty in council; and such other cases as may be prescribed by parliament. an appeal shall lie to her majesty in council with the special leave of her majesty from any decision of the court of appeal in any civil or criminal matter. reference in this section to decision of the court of appeal shall be construed as references to decisions of the court of appeal in exercise of the jurisdiction conferred upon that court by this constitution or any other law. in this section the prescribed value means the value of five thousand dollars or such other value as may be prescribed by parliament. chapter x. the island of nevis 100. nevis island legislature there shall be a legislature for the island of nevis, which shall be styled the nevis island legislature and shall consist of her majesty and an assembly styled the nevis island assembly. 101. nevis island assembly the nevis island assembly shall consist ofsuch number of elected members as corresponds with the number of electoral districts for the time being established under section 50, as applied with modifications by section 104(1); and three nominated members or such greater number (not exceeding two-thirds of the number of elected members) as may be prescribed by the nevis island legislature. of the nominated memberone-third of their number shall be appointed by the governor-general in accordance with the advice of the leader of the opposition in the assembly; and the others shall be appointees by the governor-general in accordance with the advice of the premier. without prejudice to section 27 and 28, as applied with modifications by section 104(1), a person shall not be qualified for election to the assembly unless, at the time when the election is held, he would be entitled to vote in elections of representatives held in the island of nevis. for the purposes of section 29(2), as applied with modifications by section 104(1), the provisions made by parliament in relation to the election of elected members of the assembly shall be such that the persons entitled to vote in elections of such elected members are persons entitled to vote in elections of representatives in the island of nevis. if a persons who is not a member of the assembly is elected to be president of the assembly he shall, by virtue of holding the office of president, be a member of the assembly. any person who sits or votes in the assembly knowing or having reasonable grounds for knowing that he is not entitled to do so shall be guilty of a criminal offence and liable to a fine not exceeding one hundred dollars, or such other sum as may be prescribed by the nevis island legislature, for each day on which he so sits or votes in the assembly. any prosecution for an offence under subsection (6) shall be instituted in the high court and shall not be so instituted except by the director of public prosecutions. in subsection (2) "one-third" means, in relation to a number of nominated members that is not a multiple of three, one-third of the next higher number that is such a multiple. 102. nevis island administration there shall be a nevis island administration, which shall consist ofa premier; and two other members or not less than two nor more than such greater number of members as the nevis island legislature may prescribe, who shall be appointed by the governor-general. the governor-general, acting in his own deliberate judgment, shall appoint as premier an elected member of the assembly who seems to him likely to command the support of the majority of the elected members of the assembly. the governor-general, acting in accordance with the advice of the premier, shall appoint the other members of the administration from among the members of the assembly. if a member of the administration is absent from saint christopher and nevis or is for any reason unable to discharge his functions as such, the governor-general, acting in accordance with the advice of the premier, may appoint another member of the assembly to be a temporary member of the administration in his place and may terminate any such appointment. the functions of the administration shall be to advise the governor-general in the government of the island of nevis and the administration shall be collectively responsible to the assembly for any advice given to the governor-general by or under the general authority of the administration and for all things done by or under the authority of any member of the administration in the execution of his office. subsection (5) shall not apply in relation tothe assignment of responsibility to any member of the administration under section 54, as applied with modifications by section 104(4), or the authorization of another member of the administration to perform the functions of the premier during absence of illness; the dissolution of the nevis island legislature; the matters referred to in section 66 of this constitution (which relate to the prerogative of mercy); or any matter in respect of which the nevis island legislature has no power to make laws for the island of nevis. 103. power to make laws subject to the provisions of this constitution, the nevis island legislature may make laws, which shall be styled ordinances, for the peace, order and good government of the island of nevis with respect to the specified matters. a law made by the nevis island legislature may contain incidental and supplementary provisions that relate to a matter other than a specified matter but if there is any inconsistency between those provisions and the provisions of any enacted by parliament, the provisions of the law enacted by parliament shall prevail. 104. provisions applied with modifications section 27, 28, 29, 31, 32, 34, 35, 36, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 56(3), 58, 78(5), 88(5) and 117(1) and (2) and schedule 2 shall apply in relation to the assembly as they apply in relation to the national assembly and for that purpose they shall have effect as ifreferences to the national assembly (except the reference in the provision to section 49(1)) were references to the assembly; references to representative or to senators (except the references in subsection 28(2) and (3) to representative) were references to elected members or, as the case may be, to nominated members of the assembly; references to constituencies were references to electoral districts; references to the government, to the prime minister or any other minister, to the leader of the opposition or to the speaker were references to the administration, to the premier, to the leader of the opposition in the assembly or, as the case may be, to the president of the assembly; references to the consolidated fund or any other public fund of the government of saint christopher and nevis were references to the nevis island consolidated fund or any other public fund of the administration; references to the deputy speaker or to a parliamentary secretary were deleted; the references in section 28(5)(a) to the office of elected member or nominated member of the assembly or member or the administration were a reference to the office of representative senator, minister or parliamentary secretary; the reference in section 29(2) to residence in saint christopher and nevis were a reference to residence in the island of nevis; the reference in section 31 to section 30 were a reference to section 101(2), paragraph (d) of section 31(3) were deleted, the references in section 41 to sections 19(8) and 37(6) were deleted and the references in that section to section 38(2) were references to section 113(2); the references in section 31, 32, 42, 46, 47 and 48 to parliament were references to the nevis island legislature and the referenced in section 46, 49, and 50 to saint christopher and nevis were references to the island of nevis; and rule 1 and paragraph (a) of rule 2 were deleted from schedule 2 and in place of rule 1 the following rule were substituted"there shall be not less than five electoral districts in the island of nevis". any provision made by parliament such as is referred to in section 45 shall apply in relation to the assembly and its members, officers and committees as it applies in relation to the national assembly and its members, officers and committees. before advising the governor-general to dissolve the assembly under section 47, as applied with modifications by subsection (1) of this section, the premier shall consult the prime minister. section 52 (except subsections (1), (29, (3) and (4)) and sections 54, 55, 57, 60, 61 and 62 shall apply in relation to the administration as they apply in relation to the cabinet and for that purpose they and part 3 of schedule 4 shall have effect as ifreferences to the prime minister were references to the premier; references to a minister were references to a member of the administration; references to the government or to the cabinet were references to the administration; references to parliament or to the national assembly were references to the nevis island legislature or, as the case may be, to the assembly. 105. exercise of governor-general's functions in the exercise of the functions to which this section applies the governor-general shall act in accordance with the advice of the administration or a member of the administration acting under its general authority except in cases where he is required by this constitution to act in accordance with the advice of or on the recommendation of, any person or authority other than the administration. this section applies to the functions of the governor-general with respect to the government of the island of nevis that relates to the specified matters but does not include any functions conferred upon himby any of the provisions of this constitution except sections 43, 46 and 48, as applied with modifications by sections 104; or by or under any law enacted by parliament having effect in the island of nevis that relates to any specified matter. 106. responsibilities of administration the administration shall have exclusive responsibility for the administration within the island of nevis, in accordance with the provisions of any relevant laws, of the following mattersairports and seaports; education; extraction and processing of minerals; fisheries; health and welfare; labour; land and buildings vested in the crown and specifically appropriated to the use of the government; and licensing of imports into and exports out of saint christopher and nevis. nothing in subsection (1) shallaffect the exercise of any power vested by law in the governor general or a minister; or empower the administration to take any action that is inconsistent with the general policy of the government as signified by the prime minister in a written communication to the premier, or that relates to a question that in the opinion of the prime minister as so signified involves issues of national concern, without the prior concurrence of the prime minister. if land in the island of nevis is required for the use of the government, the administration shall either make available suitable land that is vested in the crown or else acquire and make available other suitable land and the government shall be responsible for paying appropriate compensation to any private person whose interests may have been adversely affected and appropriate compensation to the administration and buildings or other property previously paid for by the administration and appropriated for the use of the government with the land. nothing in subsection (1) shall be construed as precluding the legislature from conferring other responsibilities on the administration. 107. public safety and public order the premier may give such general directions with respect to the maintaining and securing of public safety and public order in the island of nevis as he may consider necessary tothe senior officer of the police force stationed in the island of nevis; or the senior officer of any defence force of saint christopher and nevis stationed in the island of nevis. and subject to subsection (2), that officer shall comply with those general directions. nothing in subsection (1) shall preclude the prime minister from giving general directions with respect to the maintaining and securing of public safety and public order in saint christopher and nevis to the chief of police or the officer commanding any defence force of saint christopher and nevis and if there is any inconsistency between any such directions and any directions given under subsection (1), the officers concerned shall comply with the directions given by the prime minister. 108. finance all revenues or other moneys raised or received by the administration (not being revenues or other moneys that are payable by or under any law into some other fund of the administration established for a specific purpose) shall be paid into and form a fund styled the nevis island consolidated fund (hereinafter in this section referred to as the fund). sections 70, 71, 72, 73, 75 and 76 shall apply in relation to the administration as they apply in relation to the government and for that purpose they shall have effect as ifreferences to the consolidated fund were references to the fund; references to parliament and to the national assembly were references to the nevis island legislature or, as the case may be, to the assembly; references to the minister for the time being responsible for finance were references to the member of the administration for the time being responsible for finance; and references to the government were references to the administration. 109. staff the staff of the administration shall consist of such number of public office as may be constituted in that behalf under section 63 after consultation between the prime minister and the premier. the staff of the administration shall be under the supervision of an establishment officer stationed in the island of nevis, whose office shall be a public office and who shall be entitled to communicate direct with the chairman of the public service commission on all matters concerning the staff of the administration. 110. revenue allocation subject to subsection (2), the proceeds of all taxes collected in saint christopher and nevis under any law shall be shared between the government and the administration and the share of each shall be determined by reference to the proportion between the population of the island of saint christopher and the population of saint christopher and nevis as a whole or, as the case may be, the population of the island of nevis and the population of saint christopher and nevis as a whole, as ascertained by reference to the latest available results of a census of those populations carried out in pursuance of a law enacted by parliament. the share of the administration under subsection (1) shall be subject to the following deductionsa contribution to the cost of common services provided for saint christopher and nevis by the government; and a contribution to the cost of meeting the debt charges for which the government is responsible under section 75. the governor-general may make rules for the purpose of giving effect to the provisions of this section and (without prejudice to the generality of the foregoing power) any such rules may make provisionsfor prescribing what services are to be regarded as common services; for determining the contributions to be made by the administration in relation to any common service so prescribed; for determining the contributions to be made by the administration in respect of the debt charges for which the government is responsible, and for prescribing the time at which and the manner in which calculations and payments (including provisions payments) are to be made. the powers of the governor-general under subsection (3) shall be exercised by him on the advice of the prime minister but no such advice shall be given without the concurrence of the premier. 111. grants and loans the governor-general may make rules providing thatthe existing or contingent liability of the administration for servicing its public debt shall not exceed such limits as may be prescribed; the minister responsible for finance shall be informed in advance of any proposal that the administration should obtain any grant or loan of money; and there shall be such consultation between the government and the administration as may be prescribed concerning any such proposal before the proposal is put into effect. the power of the governor-general under subsection (1) shall be exercised by him on the advice of the prime minister but no such advice shall be given without the concurrence of the premier. 112. disputes between administration and government the high court shall, to the exclusion of any other court of law have original jurisdiction in any dispute between the administration and the government if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends. 113. separation of nevis from saint christopher the nevis island legislature may provide that the island of nevis shall cease to be federated with the island of saint christopher and accordingly that this constitution shall no longer have effect in the island of nevis. a bill for the purposes of subsection (1) shall not be regarded as being passed by the assembly unless on its final reading the bill is supported by the votes of not less than two-thirds of all the elected member of the assembly and such a bill shall not be submitted to the governor-general for his assent unlessthere has been an interval of not less than ninety days between the introduction of the bill in the assembly and the beginning of the proceedings in the assembly on the second reading of the bill, after it has been passed by the assembly, the bill has been approved in a referendum held in the island of nevis by not less than two-thirds of all the votes validly cast on that referendum; and full and detailed proposal for the future constitution of the island of nevis (whether as a separate states or as part of or in association with some other country) have been laid before the assembly for at least six months before the holding of the referendum and those proposals, with adequate explanations of their significance, have been made available to the persons entitled to vote on the referendum at least ninety days before the holding of the referendum. every person who, at the time when the referendum is held, would be entitled to vote at elections of representatives held in the island of nevis shall be entitled to vote on a referendum held for the purposes of this section in accordance with such procedure as may be prescribed by the nevis island legislature for the purpose of the referendum and no other person shall be entitled so to vote. in any referendum for the purposes of this section the votes shall be given by ballot in such manner as not to disclose how any particular person votes. the conduct of any referendum for the purposes of this section shall be the responsibility of the supervisor of elections and the provisions of subsection (4), (5) and (7) of section 34 shall apply in relation to the exercise by the supervisor of elections or by any other officer of his function with respect to a referendum as they apply in relation to the exercise of his functions with respect to elections of representatives. there shall be such provisions as may be made by the nevis island legislature to enable independent and impartial persons nominated by an international authority to observe the conduct of a referendum for the purposes of this section and to make reports on the conduct or results of the referendum to the governor-general, who shall cause any such reports to be published, and for that purpose any such persons shall be accorded such powers, privileges and immunities as may be prescribed by or under any a law enacted by parliament or, subject thereto, by or under any law enacted by the nevis island legislature. a bill for the purposes of subsection (1) shall not be submitted to the governor-general for his assent unless it is accompanied by a certificate under the hand of the president of the assembly that the provisions of subsection (2) have been complied with and a certificate under that hand of the supervisor of elections stating the results of the referendum. the certificate of the president of the assembly under this subsection shall be conclusive that the provision of subsection (2) have been complied with and shall not be enquired into in any court of law. 114. interpretation in this chapter"the administration" means the nevis island administration; "the assembly" means the nevis island assembly. chapter xi. miscellaneous 115. secession of nevis if, by virtue of a law enacted by the nevis island legislature under section 113(1), the island of nevis ceases to be federated with the island of saint christopher, the provisions of schedule 3 shall forthwith have effect. 116. functions of governor-general any references in this constitution to the function of the governor-general shall be construed as a reference to his powers and duties in the exercise of the executive authority of saint christopher and nevis and to any other power and duties conferred or imposed on him as governor-general by or under this constitution or any other law. where by this constitution the governor-general is required to perform any functions in his own deliberate judgment or in accordance with the advice or recommendation of, or after consultation with, any person or authority, the question whether the governor-general has so exercised that function shall not be enquired into in any court of law. where by this constitution the governor-general is required to perform any function after consultation with any person or authority he shall not be obliged to exercise that function in accordance with the recommendation of that person or authority. 117. resignations a representative or a senator may resign his seat by writing under his hand addressed to the speaker and the resignation shall take effect, and the seat shall accordingly become vacant, when the writing is received, as the case may be, bythe speaker; if the office of speaker is vacant or the speaker is for any reason unable to perform the functions of his office and no other person is performing them, the deputy speaker; or if the office of deputy speaker is vacant or the deputy speaker is for any reason unable to perform the functions of this office and no other person is performing them, the clerk of the national assembly. the speaker or the deputy speaker may resign his office by writing under his hand addressed to the national assembly and the resignation shall take effect, and the office shall accordingly become vacant, when the writing is received by the clerk of the national assembly. any person who has been appointed to an office established by this constitution (other than an office to which subsection (1) or (2) applies) or any office of minister established under this constitution may resign that office by writing under his hand addressed to the person or authority by whom he was appointed and the resignation shall take effect, and the office shall accordingly become vacantat such time or on such date (if any) as may be specified in the writing; or when the writing is received by the person or authority to whom it is addressed, or by such person as may be authorized to receive it, whichever is the later: provided that the resignation may be withdrawn before it takes effect if the person or authority to whom the resignation is addressed consents to its withdrawal. 118. re-appointment and concurrent appointments where any person has vacated any office established by this constitution or any office of minister or parliamentary secretary established under this constitution, he may if qualified, again be appointed or elected to hold that office in accordance with the provisions of this constitution. where this constitution vest in any person or authority the power to make any appointment to any office other than that of senator, minister, parliamentary secretary, leader of the opposition, nominated member of the nevis island assembly, member of the nevis island administration or leader of the opposition in the nevis island assembly, a person may be appointed to that office, when that other person is on leave of absence pending the relinquishment of the office, and where two or more persons are holding the same office by reason of an appointment made in pursuance of this subsection, then, for the purposes of any functions conferred upon the holder of that office, the person last appointed shall be deemed to be the sole holder of the office. 119. interpretation in this constitution, unless the context otherwise requires"child", in relation to any other person, means a person of whom that other person is a parent, "citizen" means a citizen of saint christopher and nevis and "citizenship" shall be construed accordingly; "commonwealth citizen" has such meaning as parliament may prescribe; "defence force" means a naval, military or air force; "dollars" means dollars in the currency of saint christopher and nevis; "financial year" means any period of twelve months beginning on 1st january in any year or such other date as may be prescribed by any law enacted by parliament; "the gazette" means the official gazette of saint christopher and nevis; "the government" means her majesty's government of saint christopher and nevis; "grandparent", in relation to any other person, means a parent of one of his parents; "law" means any law in force in saint christopher and nevis or any part thereof, including any instrument having the force of law and any unwritten rules of law and "lawful" and "lawfully" shall be construed accordingly; "leader of the opposition" means the leader of the opposition in the national assembly; "legal practitioner" means a person entitled to be in or to enter saint christopher and nevis and entitled to practice as a barrister in saint christopher and nevis or, except in relation to proceedings before a court in which a solicitor has no right of audience, so entitled to practice as a solicitor; "the legislature" means parliament; provided that in relation to any specified matter it includes the nevis island legislature; "minister" means a minister of the government; "parent", in relation to any other person, includes: any person who has adopted him in a manner recognized by law, and in the case of a person born out of wedlock and not legitimated, his mother and the person (if any) who acknowledges and can show that he is his father or has been found by a court of competent jurisdiction to be his father. but, in the case of a person who has been adopted, it does not include any person who has relinquished his parental rights over him as a consequence of the adoption. "parliament" means the parliament of saint christopher and nevis; "oath" includes affirmation; "oath of allegiance" means, the oath of secrecy set out in schedule 4; "oath of office" means, in relation to any office, the oath for the due execution of that office set out in schedule 4; "oath of secrecy" means the oath of secrecy set out in schedule 4; "the police force" means the royal saint christopher and nevis police force and includes any other police force established to succeed to the functions of that force; "proclamation" means a proclamation published in the gazette or, if such publications not reasonably practicable, published in saint christopher and nevis by such means as are reasonably practicable and effective; "public office" means any office of emolument in the public service; "public officer" means a person holding or acting in any public office; "the public service" means, subject to the provisions of this section, the service in a civil capacity of the crown in right of the government, "session" means: in relation to the national assembly, the period beginning when it first meets after parliament has at any time been prorogue or dissolved and ending when parliament is prorogued or when parliament is dissolved without having been prorogued, in relation to the nevis island assembly, the period beginning when it first meets after the nevis island legislature has at any time been prorogued or dissolved and ending when that legislature is prorogued or when that legislature is dissolved without having been prorogued; "sitting" means: in relation to the national assembly, the period during which it is sitting continuously without adjournment and includes any period during which it is in committee; in relation to the nevis island assembly, the period during which it is sitting continuously without adjournment and includes any period during which it is in committee; "speaker" and "deputy speaker" means the respective persons holding office as speaker and deputy speaker and deputy speaker of the national assembly; "specified matter" means, in relation to the government of the island of nevis, a matter specified in schedule 5 to this constitution. in this constitution references to an office in the public service shall not be construed as includingreferences to the office of the speaker or deputy speaker, the prime minister or any other minister, a parliamentary secretary or a member of the national assembly; references to the office of the president of the nevis island assembly, the premier or any other member of the nevis island administration or a member of the nevis island assembly; references to the office of a member of any commission established by this constitution or a member of the advisory committee on the prerogative of mercy or a member of that public service board of appeal; references to the office of judge or officer of the supreme court; or save in so far as may be provided by parliament, references to the office of a member of any other council, board, panel, committee or other similar body (whether incorporated on not established by or under any law: in this constitutionreferences to this constitution, the supreme court order, the british nationality act 1948 of the british nationality act 1981, or any provision thereof, including, unless otherwise provided, references to any law altering this constitution or that order, act or provision, as the case may be; references to the supreme court, the court of appeal, the high court and the judicial and legal services commission are references to the supreme court, the court of appeal, the high court and the judicial and legal services commission established by the supreme court order; references to the chief justice have the same meaning as in the supreme court order; references to a judge of the supreme court are references to a judge of the high court or of the court or of the court of appeal and, unless the context otherwise requires, include references to a judge of the former supreme court of the windward islands and leeward islands; and references to officers of the supreme court are references to the chief registrar and other officers of the supreme court appointed under the supreme court order. in this constitution "the specified qualifications" means the professional qualifications specified by or under any law, one of which must be held by any person before he may apply under that law to be admitted to practice as a barrister or a solicitor in saint christopher and nevis: for the purposes of this constitution, a person shall not be regarded as holding an office by reason only of the fact that he is in receipt of a pension or other like allowance. in this constitution, unless the context otherwise requires, a reference to the holder of an office by the term designating his office shall be construed as including, to the extent of his authority, a reference to any person for the time being authorized to exercise the functions of that office. except in the case where this constitution provides for the holder of any office thereunder to be such person holding or acting in any other office as may for the time being be designated in that behalf by some other specified person or authority, no person may, without his consent, be nominated for election to any such office or be appointed to or to act therein or otherwise be selected therefor. references in this constitution to the power to remove a public officer from his office shall be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service: provided thatnothing in this subsection shall be construed as conferring on any person or authority the power to require the director of public prosecutions or the director of audit to retire from the public service; and any power conferred by any law to permit a person to retire from the public service shall, in the case of any public officer who may be removed from office by some person or authority other than a commission established by this constitution, vested in the public service commission. any provisions in this constitution that vest in any person or authority the power to remove any public officer from his office shall be without prejudice to the power of any person or authority to abolish any office of to any law providing for the compulsory retirement of a public officers generally or any class of public officer on attaining an age specified by or under that law. where this constitution vests in any person or authority the power to appoint any person to act in, or to exercise the functions of, any office if the holder thereof is himself unable to exercise those functions, no such appointment shall be called in question on the grounds that the holder of the office was not unable to exercise those functions. no provisions of this constitution that any person or authority shall not be subject to the direction or control of any other person or authority in the exercise of any function under this constitution shall be construed as precluding a court of law from exercising jurisdiction in relation to any question whether that person or authority has exercised those functions in accordance with this constitution or any other law. without prejudice to section 14 of the interpretation act 1978 (a) (as applied by subsection (17) of this section), where any power is conferred by this constitution to make any proclamation, regulation or rule or give any direction or make any designation, the power shall be construed as including the power, exercisable in like manner and subject to the like conditions, if any, to amend or revoke any such proclamation, regulation, rule direction or designation. subject to subsection 3(a), any reference in this constitution to a law made before 19th september 1983 shall, unless the context otherwise requires, be construed as a reference to that law as it has effect immediately before that date. in this constitution references to altering this constitution or any other law, or any provisions thereof, include references to revoking it with or without re-enactment thereof of the making of different provision in lieu thereof; to modifying it whether by omitting or amending any of its provisions or inserting additional provisions in it or otherwise; and to suspending its operation for any period or terminating any such suspension. in this constitution any reference to a time when her majesty is at war shall be construed as a reference to a time when saint christopher and nevis is engaged in hostilities with another country. in this constitution any reference to land or buildings vested in the crown includes a reference to any land or buildings vested in any person or authority in trust for, or otherwise on behalf of, the crown( the interpretation act 1978 shall apply, with the necessary adaptations, for the purpose of interpreting this constitution and otherwise in relation thereto as it applies for the purpose of interpreting and in relation to acts of the parliament of the united kingdom. 120. text of modified provisions the provisions of this constitution that are applied with modifications in relation to the nevis island assembly or the nevis island administration by section 104 of 108 are reproduced with those modifications in schedule 6. if any of the provisions applied with modifications by section 104 or 108 are altered, the governor-general may by order make corresponding alterations to schedule 6. where any provision of this constitution is applied with modifications by section 104 or 108 references to that provision in other provisions of this constitution, when so applied, are references to that provision as so applied. schedule 1. provisions referred to in section 38(3) part 1. provisions of the constitution chapter i; chapter ii; sections 21, 22, 51 and 56; sections 25, 26, 29, 30, 33, 34, 36, 37, 42, 46, 47, 48, 49 and 50; section 65; chapter vi; chapter vii (except sections 86 and 87); chapter ix; chapter x (except sections 104 and 108(2)); schedules 2 and 5; sections 104, 108(2) and 119 in their application to any of the provisions mentioned in the foregoing items of this part. part 2. provisions of the supreme court order sections 4, 5, 6, 8, 11, 18 and 19. schedule 2. rules for delimitation of constituencies there shall be not less than eight constituencies in the island of saint christopher and not less than three constituencies in the island of nevis and if the number of constituencies is increased beyond eleven, not less than one-third of their number shall be in the island of nevis. all constituencies shall contain as nearly equal numbers of inhabitants as appears to the constituency boundaries commission to be reasonably practicable but the commission may depart from this rule to such extent as it considers expedient to take account of the following factors, that is to say the requirements of rule 1 and the differences in the density of the populations in the respective islands of saint christopher and nevis; the need to ensure adequate representation of sparsely populated rural areas; the means of communication; geographical features; and existing administrative boundaries. schedule 3. alterations if nevis secedes section 1 is revoked and the following section is substituted"1. the state and its territory "(1) the island of saint christopher (which is otherwise known as saint kitts) shall be a sovereign democratic state which may be styled saint christopher or saint kitts. "(2) the territory of saint christopher shall comprise all areas that were comprised in the associated state of saint christopher and nevis immediately before 19th september 1983 except the island of nevis, together with such other areas as may be declared by parliament to form part of the territory of saint christopher." sections 8(8), 19(4), 23(2), 37(2) to (7), 38(5), 51(4), the provision to section 77(l), sections 98(l)(c) and 99(l)(d), chapter x, section 120 and schedules 5 and 6 are revoked. subject to paragraphs 1 and 2, the constitution shall have effectas if the words "and nevis" immediately following the words "saint christopher" wherever they occur were deleted; and as if any provisions, to the extent that they refer to the island of nevis, the specified matters, the nevis island legislature, the nevis island administration or the premier, were revoked. the constituencies in the island of nevis shall cease to be included among the number of constituencies and the representatives elected in the island of nevis and any senator who is ordinarily resident in the island of nevis shall vacate their seats in the national assembly. the national assembly shall, unless parliament stands dissolved, meet within thirty days. parliament shall have power to make provision for depriving persons who are citizens of their citizenship if they acquire, or are entitled to acquire, some other citizenship by virtue of their connection with the island of nevis and do not possess such qualifications for retaining their citizenship as parliament may prescribe. schedule 4. forms of oath part 1. oath (or affirmation) of allegiance i, _______________________, do swear (or solemnly affirm) that i will faithfully bear true allegiance to her majesty queen elizabeth the second, her heirs and successors, according to law. so help me god. (to be omitted in affirmation). part 2. oath (or affirmation) of office i, _______________________, do swear (or solemnly affirm) that i will honor, uphold and preserve the constitution of saint christopher and nevis, and the law, that i will consciously, impartially, and to the best of my ability discharge my duties as _______________________ and do right to all manner of people without fear or favour, affection or ill will. so help me god. (to be omitted in affirmation). part 3. oath (or affirmation) of secrecy i, _______________________, do swear (or solemnly affirm) that i will not on any account, at any time whatsoever, disclose any council, advise, opinion or vote given by any minister as a member of the cabinet and that i will not, except with the authority of the cabinet and to such extent as may be required for the proper conduct of the government of saint christopher and nevis, directly or indirectly reveal the business or proceedings of the cabinet or any matter coming to my knowledge as a member (or secretary to) the cabinet. so help me god. (to be omitted in affirmation). schedule 5. legislative powers part 1. matters with respect to which the nevis island legislature has exclusive power to make laws agriculture amenities for tourists. animals archaeological or historical sites and monuments. borrowings of money, or obtaining grants of money, for the purposes of the nevis island administration and the making of grants and loans for those purposes. cemeteries. cinemas. conservation and supply of water. dangerous or inflammable substances. economic planning and development other than national planning and development. employment of persons who are not citizens. hotels, restaurants, bars, casinos and other similar establishments. housing. industries, trades and businesses. land and buildings other than land and buildings vested in the crown and specifically appropriated to the use of the government, including holding of land by persons who are not citizens. manufacture and supply of electricity. parks and other places for public recreation. prevention and control of fires. roads and highways. sport and cultural activities. the matters with respect to which the nevis island legislature is empowered to make laws by sections 47, 70, 71, 72 and 73, as applied with modifications by section 104, and by sections 102(l) and 113. any matter added by parliament under section 37(6). any matter that is incidental or supplementary to any matter referred to in this list. part 2. interpretation in this schedule references to incidental and supplementary matters include, without prejudice to their generalityoffences; the jurisdiction, powers, practice and procedure of courts of law; he compulsory acquisition and tenure of land; the establishment and regulation of tribunals of enquiry; fees and charges in respect of services provided; rates and taxes on buildings and land other than buildings and land vested in the crown and specifically appropriated for the use of the government; fees and charges in respect of administrative costs relating to carrying out inspections, tests and examinations and the issue of licenses, permits and certificates; taxes in respect of the use of premises as hotels, restaurants, bars, casinos or other similar establishments; taxes in respect of the use of premises for the manufacture of aerated water for use as a beverage; taxes in respect of the use of premises for the sale of alcoholic beverages or tobacco to the public; and taxes on itinerant traders or mobile establishments for the sale of refreshments to the public. nothing in this schedule shall be construed as including the imposition of any fee, charge, rate or tax that is not expressly mentioned in paragraph (1) nor the imposition of any rate or tax levied: on rents, profits or other income or on gains on capital transactions; on the import into, or export out of, saint christopher and nevis or the island of nevis of any article or commodity; on succession to or transfer of property; or on land or other property used for the purposes of the extraction or processing of minerals otherwise than by reference to its unimproved value. nothing in this schedule shall be construed as including legal proceedings by or against the crown other than the conduct of proceedings under section 112 (which relates to disputes between the nevis island administration and the government). the reference in this schedule to roads and highways does not include a reference to offences relating to vehicular traffic. schedule 6. text of provisions applied with modifications part 1. provisions applied by section 104(1) chapter iv. the legislature) part 1. composition of the legislature) 27. qualifications for elected and nominated members subject to section 28, a person shall be qualified to be elected or appointed as a member of the assembly if, and shall not be so qualified unless, he is a citizen of the age of twenty-one years or upwards and he or one of his parents was born in saint christopher and nevis and he is domiciled there at the date of his nomination for election or his appointment, as the case may be. 28. disqualifications for elected and nominated members a person shall not be qualified to be elected or appointed as a member if he is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power or state; is a minister of religion; is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law; is a person certified to be insane or otherwise adjudged to be of unsound mind under any law; or is under sentence of death imposed on him by a court of law in any part of the commonwealth or is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by such a court or substituted by a competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended. if it is so provided by parliament, a person shall not be qualified to be elected or appointed as a member if he holds or is acting in any office that is specified by parliament and the functions of which involve responsibility for, or in connection with, the conduct of any election of representatives or members or the compilation of any register of voters for the purpose of electing representatives or members. if it is so provided by parliament, a person who is convicted by any court of law of any criminal offence that is prescribed by parliament and that is connected with the election of representatives or members or is reported guilty of such an offence by the court trying an election petition shall not be qualified, for such a period (not exceeding five years) following his conviction or, as the case may be, following the report of the court as may be so prescribed, to be elected or appointed as a member. a person shall not be qualified to be elected as a member who is a nominated member; and a person shall not be qualified to be appointed as a nominated member who is, or is nominated for election as, an elected member or who has at any time since the legislature was last dissolved stood as a candidate for election as a member without being so elected. if it is so provided by parliament, and subject to such exceptions and limitations (if any) as parliament may prescribe, a person shall not be qualified to be elected or appointed as a member if-(a) he holds or is acting in any office or appointment (whether specified individually or by reference to a class of office or appointment) other than the office of representative, senator, minister or parliamentary secretary; (b)he belongs to any defence force or to any class of person that is comprised in any such force; (c) he belongs to any police force to any class of person that is comprised in any such force; (d) subject to any exceptions or limitations prescribed by parliament, he has any such interest in any such government contract as may be so prescribed. in this section"government contract" means any contract made with the administration or with a department of the administration or with an officer of the administration contracting as such; "member" means a member of the assembly; "minister of a religion" means any person in holy orders and any other person the principal functions of whose occupation include teaching or preaching in any congregation for religious worship. for the purposes of paragraph (e) of subsection (1)two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds twelve months, but if any one of such sentences exceeds that term they shall be regarded as one sentence; and no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine. 29. election of members each of the electoral districts established in accordance with the provisions of section 50 shall return one member to the assembly who shall be directly elected in such manner as may, subject to the provisions of this constitution, be prescribed by or under any law enacted by parliament. every commonwealth citizen of the age of eighteen years or upwards who possesses such qualifications relating to residence in the island of nevis or domicile in saint christopher and nevis as parliament may prescribe shall, unless he is disqualified by parliament from registration as such, be entitled to be registered as a voter for the purpose of electing members of the assembly in one (but no more than one) electoral district in accordance with the provisions of any law in that behalf and no other person may be registered as such. every person who is registered under subsection (2) in any electoral district shall, unless he is disqualified by parliament from voting in any election of representatives or of members of the assembly, be entitled to vote in that electoral district in accordance with the provisions of any law in that behalf and no other person may so vote. in any election of members of the assembly, the votes shall be given by ballot in such manner as not to disclose how any particular person votes. 31. tenure of office of elected and nominated members an elected or appointed member shall vacate his seat in the assembly at the next dissolution of the legislature after his election or appointment. a member appointed in accordance with the provisions of subsection (2)(a) of section 101 shall vacate his seat in the assembly if his appointment is revoked by the governor-general, acting in accordance with the advice of the leader of the opposition, and a member appointed in accordance with the provisions of subsection (2)(b) of that section shall vacate his seat in the assembly if his appointment is revoked by the governor-general, acting in accordance with the advice of the premier. an elected or appointed member shall also vacate his seat in the assemblyif he is absent from the sittings of the assembly for such period and in such circumstances as may be prescribed in the rules of procedure of the assembly; if he ceases to be a citizen; or subject to subsection (4), if any other circumstances arise that, if he were not a member, would cause him to be disqualified to be elected or appointed as such by virtue of subsection (1) of section 28 or of any law enacted in pursuance of subsection (2), (3) or (5) of that section. 4 if any such circumstances as are referred to in paragraph (c) of subsection (3) arise because any elected or appointed member is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of an offence relating to elections and if it is open to the member to appeal against the decision (either with the leave of a court of law or other authority or without such leave) he shall forthwith cease to perform his functions as a member but, subject to the provisions of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafter: provided that the president of the assembly may, at the request of the member, from time to time extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the assembly. if, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the member or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the member to appeal, he shall forthwith vacate his seat. if at any time before the member vacates his seat such circumstances cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (a) and he may resume the performance of his functions as a member. in this section "member" means member of the assembly. 32. president when the assembly first meets after any general election and before it proceeds to the dispatch of any other business, it shall elect a person to be the president of the assembly; and if the office of president falls vacant at any time before the next dissolution of the legislature the assembly shall, as soon as practicable, elect another person to that office. the president of the assembly may be elected from among the members of the assembly who are not members of the administration or from among persons who are not members of the assembly but who are qualified for election as an elected member, or appointment as a nominated member, of the assembly. no business shall be transacted in the assembly (other than the election of a president) at any time when the office of president of the assembly is vacant. a person shall vacate the office of president of the assembly in the case of a president elected from among the members of the assembly if he ceases to be a member of the assembly: provided that he shall not vacate his office by reason only that he has ceased to be a member of the assembly on a dissolution of the legislature until the assembly first meets after dissolution; or if he becomes a member of the administration. in the case of a president elected from among persons who are not members of the assemblywhen the assembly first meets after any dissolution of the legislature; if he ceases to be a citizen; or if any circumstances arise that would cause him to be disqualified for election as an elected member, or appointment as a nominated member, of the assembly. 6 if, by virtue of section 31(4), the president of the assembly is required to cease to perform his functions as a member of the assembly he shall also cease to perform his functions as president and those functions shall, until he vacates his seat in the assembly or resumes the performance of the functions of his office, be performed by such member of the assembly (not being a member of the administration) as the assembly may elect for the purpose. if the president resumes the performance of his functions as a member of the assembly, he shall also resume the performance of his functions as president. 34. supervision of elections the supervisor of elections shall exercise general supervision over the registration of voters in elections of members of the assembly and over the conduct of such elections. for the purposes of the exercise of his functions under subsection (1), the supervisor of elections may give such directions as he considers necessary or expedient to any registering officer, presiding officer or returning officer relating to the exercise by that officer of his functions under any law regulating the registration of voters or the conduct of elections, and any officer to whom any such directions are given shall comply with those directions. the supervisor of elections may, whenever he considers it necessary or expedient to do so, and shall, whenever so required by the commission, report to the electoral commission on the exercise of his functions under subsection (1); he shall also submit every such report to the minister for the time being responsible for matters relating to the election of members of the national assembly; and that minister shall, not later than seven days after the national assembly first meets after he has received the report, lay it before that assembly together with such comments thereon as he may have received from the commission. in the exercise of his functions under subsection (1), the supervisor of elections shall act in accordance with such directions as he may from time to time be given by the electoral commission but shall not be subject to the direction or control of any other person or authority. 35. clerk of assembly and his staff there shall be a clerk of the nevis island assembly. the office of the clerk of the nevis island assembly and the offices of the members of his staff shall be public offices. 36. determination of questions of membership the high court shall have jurisdiction to hear and determine any question whether any person has been validly elected as a member of the assembly; any person has been validly appointed as a member of the assembly; any person who has been elected as president of the assembly from among persons who were not members of the assembly was qualified to be so elected or has vacated the office of president; or any member of the assembly has vacated his seat or is required, by virtue of section 31(4), to cease to perform his functions as a member of the assembly. an application to the high court for the determination of any question under subsection (1)(a) may be made by any person entitled to vote in the election to which the application relates or by any person who was, or who alleges that he was, a candidate at that election or by the attorney-general and, if it is made by a person other than the attorney-general, the attorney-general may intervene and may then appear or be represented in the proceedings. an application to the high court for the determination of any question under subsection (1)(b) or subsection (1)(c) may be made by any elected member of the assembly or by the attorney-general and, if it is made by a person other than the attorney-general, the attorney-general may intervene and may then appear or be represented in the proceedings. an application to the high court for the determination of any question under subsection (1)(d) may be made by any elected member of the assembly or by the attorney-general; or in the case of the seat of an elected member of the assembly, by any person registered in some electoral district as a voter in elections of members of the assembly and, if it is made by a person other than the attorney-general, the attorney-general may intervene and may then appear to be represented in the proceedings. there shall be such provision as may be made by parliament with respect to the circumstances and manner in which and the imposition of conditions upon which any application may be made to the high court for the determination of any question under this section; and the powers, practice and procedure of the high court in relation to any such application. an appeal shall lie as of right to the court of appeal from any final decision of the high court determining any such question as is referred to in subsection (1). no appeal shall lie from any decision of the court of appeal in exercise of the jurisdiction conferred by subsection (6) and no appeal shall lie from any decision of the high court in proceedings under this section other than a final decision determining any such question as is referred to in subsection (1). in the exercise of his functions under this section, the attorney-general shall not be subject to the direction or control of any other person or authority. part 2. procedure in the legislature) 39. oath every member of the assembly shall, before taking his seat in the assembly, take and subscribe before the assembly the oath of allegiance but a member may before taking that oath take part in the election of the president of the assembly. any person elected to the office of president of the assembly shall, if he has not already taken and subscribed the oath of allegiance under subsection (1), take and subscribe that oath before the assembly before entering upon the duties of his office. 40. presiding there shall preside at any sitting of the assemblythe president of the assembly; or in the absence of the president, such member of the assembly (not being a member of the administration) as the assembly may elect for that purpose. 41. voting save as otherwise provided in section 113(2), any question proposed for decision in the assembly shall be determined by a majority of the votes of the members present and voting: provided that questions of no confidence in the administration shall be determined by a majority of the votes of all the elected members of the assembly. except in the case of a question of no confidence in the administration, a question shall not be regarded as having been validly determined by a vote in the assembly on occasions when the numbers of members voting are recorded unless not less than three fifths of all the members, or such greater number of members as the legislature may prescribe, take part in the voting. subject to subsection (4), a person presiding in the assembly shall not vote unless on any question the votes of the members are equally divided, in which case he shall have and exercise a casting vote: provided that in the case of the question of the final reading of any such bill as is referred to in section 113(2) he shall, if he is an elected member of the assembly, have an original vote but no casting vote. a president of the assembly who was elected from among persons who were not members of the assembly shall have neither an original nor a casting vote and if, upon any question before the assembly when such a president is presiding, the votes of the members are equally divided, the motion shall be lost. 42. mode of exercise of legislative power the power of the legislature to make laws shall be exercised by bills passed by the assembly and assented to by the governor-general. when a bill is submitted to the governor-general for assent in accordance with the provisions of this constitution he shall signify that he assents or that he withholds assent. when the governor-general assents to a bill that has been submitted to him in accordance with the provisions of this constitution the bill shall become law and the governor-general shall thereupon cause it to be published in the gazette as law. no law made by the legislature shall come into operation until it has been published in the gazette but the legislature may postpone the coming into operation of any such law and may make laws with retrospective effect. 43. restrictions with regard to certain financial measures except on the recommendation of the governor-general signified by the premier, the assembly shall not proceed upon any bill (including any amendment to a bill) that, in the opinion of the person presiding, makes provision for any of the following purposes for the imposition of taxation or the alteration of taxation otherwise than by reduction; for the imposition of any charge upon the consolidated fund or any other public fund of the administration or the alteration of any such charge otherwise than by reduction; for the payment, issue or withdrawal from the consolidated fund or any other public fund of the administration of any moneys not charged thereon or any increase in the amount of such payment, issue or withdrawal; or for the composition or remission of any debt due to the crown in right of the administration, or proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, would be to make provision for any of those purposes. 44. regulation of procedure in assembly subject to the provisions of this constitution, the assembly regulation may regulate its own procedure and may in particular make rules for the procedure in orderly conduct of its own proceedings. the assembly may act notwithstanding any vacancy in its membership (including any vacancy not filled when the assembly first meets after any general election) and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the assembly shall not invalidate those proceedings. 45. freedom of speech without prejudice to any provision made by parliament relating to the powers, privileges and immunities of the assembly and its committees, or the privileges and immunities of the members and officers of the assembly and of other persons concerned in the business of the assembly or its committees, no civil or criminal proceedings may be instituted against any member of the assembly for words spoken before, or written in a report to, the assembly or a committee thereof or by reason of any matter. part 3. summoning, prorogation and dissolution) 46. sessions each session of the legislature shall be held at such place sessions, within the island of nevis, and shall begin at such time, not being later than one hundred and eighty days from the end of the preceding session if the legislature has been prorogued or ninety days from the holding of a general election of members of the assembly if the legislature has been dissolved, as the governor-general shall appoint by proclamation. subject to subsection (1), the sittings of the assembly shall be held at such time and place as the assembly may, by its rules of procedure or otherwise, determine. 47. prorogation and dissolution the governor-general may at any time prorogue or dissolve the legislature. subject to subsection (3), the legislature, unless sooner dissolved, shall continue for five years from the date of the first sitting of the assembly after any dissolution and shall then stand dissolved. at any time when her majesty is at war, the legislature may extend the period of five years specified in subsection (2) for not more than twelve months at a time: provided that the life of the legislature shall not be extended under this subsection for more than five years. in the exercise of his powers to dissolve the legislature the governor-general shall act in accordance with the advice of the premier but before any such advice is given the premier shall consult the prime minister: provided that if the office of the premier is vacant and the governor-general, acting in his own deliberate judgment, considers that there is no prospect of his being able within a reasonable time to appoint to that office a person who can command the support of the majority of the elected members of the assembly, the governor-general shall dissolve the legislature. if, after a dissolution of the legislature and before the holding of the general election of members of the assembly, the premier advises the governor-general that, because of some matter of urgent national importance, it is necessary to recall the legislature the governor-general shall summon the legislature that has been dissolved to meet, but the general election of members of the assembly shall proceed and the legislature that has been recalled shall, if not sooner dissolved, again stand dissolved on the date appointed for the nomination of candidates in that general election. 48. holding of elections a general election of members of the assembly shall be held at such time within ninety days after any dissolution of the legislature as the governor-general may appoint. where the seat of a member of the assembly falls vacant otherwise than by reason of a dissolution of the legislature if the vacant seat is that of an elected member, a by-election shall be held; or if the vacant seat is that of a nominated member, an appointment shall be made, to fill the vacancy within ninety days of the occurrence of the vacancy unless the legislature is sooner dissolved. part 4. delimitation of electoral districts) 49. boundaries commission there shall be for the island of nevis an electoral districts boundaries commission (hereinafter in this section referred to as the commission) which shall consist of a chairman appointed by the governor-general, acting in accordance with the advice of the premier given after the governor-general has consulted the leader of the opposition and such other persons as the governor-general, acting in his own deliberate judgment, has seen fit to consult: two members of the assembly appointed by the governor-general, acting in accordance with the advice of the premier, and two members of the assembly appointed by the governor-general, acting in accordance with the advice of the leader of the opposition: provided that the chairman shall not be a member of the assembly or of the national assembly. a member of the commission shall vacate his office at the next dissolution of the legislature after his appointment; in the case of the chairman, if any circumstances arise that, if he were not a member of the commission, would cause him to be disqualified for appointment as such; in the case of a member other than the chairman, if he ceases to be a member of the assembly otherwise than by reason of the dissolution of the legislature; or if the governor-general, acting in accordance with the advice of the premier given after the governor-general has consulted the leader of the opposition in the case of the chairman, in accordance with the advice of the premier in the case of a member appointed under subsection (1)(b) or in accordance with the advice of the leader of the opposition in the case of a member appointed under subsection (1)(c), so directs. the commission may regulate its own procedure and, with the consent of the premier, may confer powers and impose duties on any public officer or on any authority of the government for the purpose of the discharge of its functions. the commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings: provided that any decision of the commission shall require the concurrence of a majority of all its members. 50. review of boundaries of electoral districts the electoral districts boundaries commission (hereinafter review of in this section referred to as the commission) shall, in accordance with boundaries of the provisions of this section, review the number and boundaries of the electoral districts into which the island of nevis is divided and submit to districts the governor-general reports either showing the electoral districts into which it recommends that the island of nevis should be divided in order to give effect to the rules set out in schedule 2; or stating that, in its opinion, no alteration is required to the existing number or boundaries of electoral districts in order to give effect to those rules. reports under subsection (1) shall be submitted by the commission at intervals of not less than two nor more than five years. as soon as may be after the commission has submitted a report under subsection (1)(a), the premier shall lay before the assembly for its approval the draft of a proclamation by the governor-general forgiving effect, whether with or without modifications, to the recommendations contained in the report, and that draft proclamation may make provision for any matters that appear to the premier to be incidental to or consequential upon the other provisions of the draft. where any draft proclamation laid before the assembly gives effect to any recommendations of the commission with modifications, the premier shall lay before the assembly together with the draft a statement of the reasons for the modifications. if the motion for the approval of any draft proclamation laid before the assembly under this section is rejected by the assembly, or is withdrawn by leave of the assembly, the premier shall amend the draft and lay the amended draft before the assembly. if any draft proclamation laid before the assembly under this section is approved by resolution of the assembly, the premier shall submit it to the governor-general who shall make a proclamation terms of the draft; and that proclamation shall come into force upon the next dissolution of the legislature after it is made. the question of the validity of any proclamation by the governor-general purporting to be made under this section and reciting that a draft thereof has been approved by resolution of the assembly shall not be enquired into in any court of law except upon the ground that the proclamation does not give effect to rule i in schedule 2. chapter v. the executive) 56. exercise of governor-general's functions during any period in which there is a vacancy in the office of leader of the opposition by reason of the fact that no person is both qualified for appointment to that office in accordance with section 58 and willing to accept appointment or if the governor-general, acting in his own deliberate judgment, considers that it is not practicable for him to obtain the advice of, or to consult, the leader of the opposition within the time which it may be necessary for him to act, he may act without that advice and in his own deliberate judgment or, as the case may be, without such consultation, in the exercise of any power conferred upon him by this constitution in respect of which it is provided that he shall act on the advice of, or after consultation with, the leader of the opposition. 58. oath there shall (except at times when no elected member of the assembly is eligible for appointment) be a leader of the opposition in the assembly who shall be appointed by the governor-general. whenever there is occasion for the appointment of a leader of the opposition the governor-general shall appoint the elected member of the assembly who appears to him most likely to command the support of a majority of the elected members of the assembly who do not support the administration or, if no elected member appears to him to command such support, the elected member who appears to him to command the support of the largest single group of elected members of the assembly who do not support the administration: provided that no elected member shall be eligible for appointment unless it appears to the governor-general that the elected member commands the support of at least one other elected member. if occasion arises to appoint a leader of the opposition during the period between a dissolution of the legislature and the day on which the ensuing election of members of the assembly is held, an appointment may be made as if the legislature had not been dissolved. the office of leader of the opposition shall become vacant if he ceases to be a member of the assembly otherwise than by reason of a dissolution of the legislature; if, when the assembly first meets after a dissolution of the legislature, he is not then an elected member of the assembly; if, by virtue of section 31(4), he is required to cease to perform his functions as a member of the assembly; or if he is removed from office by the governor-general under the provisions of subsection (5). if it appears to the governor-general that the leader of the opposition is no longer able to command the support of a majority of the elected members of the assembly who do not support the administration or (if no elected member appears to him to be able to command such support) the support of the largest single group of elected members of the assembly who do not support the administration, he shall remove the leader of the opposition from office. the powers of the governor-general under this section shall be exercised by him in his own deliberate judgment. chapter vii. the public service) part 1. the public service commission) 78. appointment etc. of public officers before the public service commission makes any recommendation in relation to the clerk of the nevis island assembly or a member of his staff for the purposes of subsection (1) or (2) and before any other person or authority exercises in relation to the clerk of the nevis island assembly or a member of his staff any power delegated to him under subsection (2), the commission or that person or authority shall consult the president of the assembly. part 5. pensions) 88. pensions laws and protection of pension rights in this section "pensions benefits" means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as members of the assembly or for the widows, children, dependants or personal representatives in respect of such service. chapter xi. miscellaneous) 117. resignations a member of the assembly may resign his seat by writing under his hand addressed to the president of the assembly and the resignation shall take effect, and the seat shall accordingly become vacant, when the writing is received, as the case may be, by the president; or if the office of president is vacant or the president is for any reason unable to perform the functions of his office and no other person is performing them, the clerk of the nevis island assembly. the president of the assembly may resign his office by writing under his hand addressed to the assembly and the resignation shall take effect, and the office shall accordingly become vacant, when the writing is received by the clerk of the nevis island assembly. schedule 2. rules for delimitation of electoral districts) there shall be not less than five electoral districts in the island of nevis. all electoral districts shall contain as nearly equal numbers of inhabitants as appears to the electoral districts boundaries commission to be reasonably practicable but the commission may depart from this rule to such extent as it considers expedient to take account of the following factors, that is to say the need to ensure adequate representation of sparsely populated rural areas; the means of communication; geographical features; and existing administrative boundaries. part 2. provisions applied by section 104(4) chapter v. the executive) 52. members of the administration if occasion arises for making an appointment to the office of premier or any other member of the administration while the legislature is dissolved, then, notwithstanding the provisions of subsections (2) and (4), a person who was an elected member of the assembly immediately before the dissolution may be appointed as premier and a person who was an elected or nominated member of the assembly immediately before the dissolution may be appointed as a member of the administration other than the premier. the governor-general shall remove the premier from office if a resolution of no confidence in the administration is passed by the assembly and the premier does not within three days either resign from his office or advise the governor-general to dissolve the legislature. if, at any time between the holding of a general election of members of the assembly and the first meeting of the assembly thereafter, the governor-general considers that in consequence of changes in the membership of the assembly resulting from that election the premier will not be able to command the support of the majority of the elected members of the assembly, the governor-general may remove the premier from office. the office of any minister shall become vacant if the holder of the office ceases to be a member of the assembly otherwise than by reason of the dissolution of the legislature; in the case of the premier, if, the assembly first meets after any dissolution of the legislature, he is not then an elected member of the assembly; in the case of any other member of the administration, if, when the assembly first meets after any dissolution of the legislature, he is not then an elected member of the assembly; or if, by virtue of section (31)4 of the constitution, he is required to cease to perform his functions as a member of the assembly. the office of a member of the administration other than the premier shall become vacant if the governor-general, acting in accordance with the advice of the premier, so directs; if the premier resigns from office within three days after a resolution of no confidence in the administration has been passed by the assembly or is removed from office under subsection (6) or (7); or on the appointment of any person to the office of premier. 54. allocation of portfolios the governor-general, acting in accordance with the advice of the premier, may, by directions in writing, assign to the premier or any other member of the administration, responsibility for any business of the administration, including the administration of any department of the administration. 55. absence or illness of premier whenever the premier is absent from saint christopher and nevis or by any reason of illness is unable to perform the functions conferred upon him by this constitution, the governor-general may authorise some other member of the administration to perform those functions (other than the functions conferred by this section) and that member may perform those functions until his authority is revoked by the governor-general. the powers of the governor-general under this section shall be exercised by him in accordance with the advice of the premier. provided that if the governor-general, acting in his own deliberate judgement, considers that is impracticable to obtain the advice of the premier owing to his absence or illness he may exercise those powers without that advice and in his own deliberate judgement. 57. governor-general to be kept informed the premier shall keep the governor-general fully informed concerning the general conduct of the administration and shall furnish the governor-general with such information as he may request with respect to any particular matter for which the administration is responsible. 60. oaths a member of the administration shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance, the oath of office and the oath of secrecy. 61. permanent secretaries where any member of the administration has been charged with responsibility for any department of the administration, he shall exercise general direction and control over the department; and, subject to such direction and control, every department of the administration shall be under the supervision of a permanent secretary whose office shall be a public office: provided that two or more departments may be placed under the supervision of one permanent secretary. 62. secretary to administration there shall be a secretary to the administration whose office shall be a public office. the secretary to the administration, who shall have charge of the administration office, shall be responsible, in accordance with such instructions as may be given to him by the premier, for arranging the business for, and keeping the minutes of, the administration and for conveying the decisions of the administration to the appropriate person or authority and shall have such other functions as the premier may direct. part 3. provisions applied by section 108(2) chapter vi. finance) 70. withdrawals form consolidated fund or other public funds no moneys shall be withdrawn from the consolidated fund except to meet the expenditure that is charged upon the fund by any law enacted by the legislature; or where the issue of those moneys has been authorised by an appropriation law or by a law made in pursuance of section 72. where any moneys are charged by any law enacted by the legislature upon the consolidated fund or any other public fund of the administration, they shall be paid out of that fund by the administration to the person or authority to whom payment is due. no moneys shall be withdrawn from any public fund other than the consolidated fund unless the issue of those moneys has been authorised by or under any law. there shall be such provision as may be made the legislature prescribing the manner in which withdrawals may be made from the consolidated fund or any other public fund of the administration. the investment of moneys forming part of the consolidated fund shall be made in such manner as may be prescribed by or under a law enacted by the legislature. notwithstanding subsection (1), provisions may be made by or under a law enacted by the legislature authorising withdrawals to be made from the consolidated fund, in such circumstances and to such extent as may be prescribed by or under a law enacted by the legislature, for the purpose of making repayable advances. 71. authorisation of expenditure from consolidated fund by the appropriation law the member of the administration for the time being responsible for finance shall cause to be prepared and laid before the assembly before, or not later than sixty days after, the commencement of each financial year estimates of the revenues and expenditure of the administration for that financial year. (2) when the estimates of expenditure (other than expenditure charged upon the consolidated fund by any law enacted by the legislature) have been approved by the assembly, a bill, known as an appropriation bill, shall be introduced in the assembly providing for the issue from the consolidated fund of the sums necessary to meet that expenditure and the appropriation of those sums, under separate votes for the several services required, to the purposes specified therein. if in respect of any financial year it is found that the amount appropriated by the appropriation law, to any purpose is insufficient or that a need has arisen for expenditure for a purpose to which no amount has been appropriated by that law; or that any moneys have been expended for any purpose in excess of the amount appropriated to that purpose by the appropriation law or for a purpose to which no amount has been appropriated by that law, a supplementary estimate showing the sums required or spent shall be laid before the assembly and, when the supplementary estimate has been approved by the assembly, a supplementary appropriation bill shall be introduced in the assembly providing for the issue of such sums from the consolidated fund and appropriating them to the purposes specified therein. 72. authorisation of expenditure in advance of appropriation there shall be such provision as may be made by the legislature under which, if the appropriation law in respect of any financial year has not come into operation by the beginning of that financial year, the member of the administration for the time being responsible for finance may authorize the withdrawal of moneys from the consolidated fund for the purpose of meeting expenditure necessary to carry on the services of the administration until the expiration of four months from the beginning of that financial year or the coming into operation of the law, whichever is the earlier. 73. warrants for unforeseen expenditure if it appears to the member of the administration for the time being responsible for finance that there is an urgent need to incur expenditure; no provision exists for that expenditure in any appropriation law or other law; and it would not be in the public interest to delay the authorization of that expenditure until such time as a supplementary estimate can be laid before the assembly, the members may, by special warrant, authorise the issue from the consolidated fund of the moneys required to meet the expenditure: provided that the total sum for the time being authorised to be issued under this subsection, for which no provisions has been made by an appropriation law, shall not exceed such amounts as may be prescribed by the legislature. where in any financial year the expenditure has been authorised by special warrant under subsection (1) the member of the administration for the time being responsible for finance shall cause a supplementary estimate relating to that expenditure to be laid before the assembly at the first sitting of the assembly occurring after the expiration of the fourteen days from the date of the warrant and a supplementary appropriation bill shall be introduced in the assembly providing for the issue of the sums authorised to be spent and appropriating them to the purposes specified therein. 75. public debt all debt charges for which the administration is liable shall be a charge on the consolidated fund. for the purposes of this section debt charges include interest, sinking fund charges, the repayment or amortization of debt and all expenditure in connection with the raising of loans on the security of the consolidated fund and the service and redemption of the debt created thereby. 76. audit of public accounts etc the director of audit shall satisfy himself that all moneys that have been appropriated by the legislature and disbursed have been applied to the purposes to which they were so appropriated and that the expenditure shall conform to the authority that governs it and at least once in every year audit and report on the public accounts of the administration, the accounts of all officers and authorities of the administration and the accounts of the clerk of the assembly. the director of audit and any officer authorised by him shall have access to all books, records, returns, reports and other documents that in his opinion relate to any of the accounts referred to in subsection (2). the director of audit shall submit every report made by him in pursuance of subsection (2) to the member of the administration for the time being responsible for finance who shall, not later than seven days after the assembly first meets after he has received the report, lay before the assembly. if the member of the administration fails to lay a report before the assembly in accordance with subsection (4) the director of audit shall transmit copies of that report to the president of the assembly who shall, as soon as practicable, present them to the assembly. the director of audit shall exercise such other functions in relation to the accounts of the administration or the accounts of other authorities or bodies established by law for public purposes as may be prescribed by or under any law enacted by the legislature. in the exercise of his functions under subsections (2), (3), (4) and (5), the director of audit shall not be subject to the direction or control of any other person or authority. part 4. interpretation in this schedule, unless the context otherwise requires "the administration" means the nevis island administration; "the assembly" means the nevis island assembly; "the consolidated fund" means the nevis island consolidated fund; "leader of the opposition" means the leader of the opposition in the assembly; "the legislature" means the nevis island legislature; preamble we, the people of kyrgyzstan, paying tribute to the memory of heroes who rendered life for freedom of the people; confirming adherence to the goal to build free, independent and democratic state whose highest values are the individual, his / her life, health, rights and freedoms; expressing unstinting conviction in the future of the country and firm will to develop and enhance the kyrgyz statehood, protect state sovereignty and unity of the people, to develop their language and culture; aspiring to root the rule of law as well as ensure social justice, economic welfare and spiritual development of the people; acting on behest of our ancestors to live in peace and accord, in harmony with nature, hereby adopt the present constitution. section i. fundamentals of constitutional order article 1 the kyrgyz republic (kyrgyzstan) is a sovereign, democratic, secular, unitary and social state governed by the rule of law. the kyrgyz republic enjoys the plenitude of the state power on its territory and implements its internal and external policy independently. article 2 the people of kyrgyzstan are the bearer of sovereignty and the sole source of state power in the kyrgyz republic. the people of kyrgyzstan shall exercise its power directly at elections and referenda, as well as through the system of state authorities and local self-governance bodies on the basis of the present constitution and laws. laws and other important matters of state significance may be submitted to a referendum (nationwide vote). the procedures of holding a referendum and the list of questions put to the referendum shall be defined in the constitutional law. the elections shall be free. the elections of the deputies of the jogorku kenesh, the president as well as the deputies of representative local self-governance bodies shall be conducted on the basis of universal equal and direct suffrage by secret ballot. the right to vote shall be granted to the citizens of the kyrgyz republic having reached 18 years of age. the state shall ensure the conditions for the representation of various social groups defined by the law in state authorities and local self-governance bodies, including at the level of decision-making. article 3 the state power in the kyrgyz republic shall be based on the following principles: supremacy of the popular power, represented and ensured by the jogorku kenesh and the president elected nation-wide; separation of state power; openness and responsibility of state authorities, organs of local self-governance towards the people and exercise of their powers in the interests of the people; separation of functions and powers of state authorities and local self-governance bodies. article 4 political diversity and multi-party system shall be recognized in the kyrgyz republic. the citizens shall be entitled to create political parties, professional unions as well as other public associations on the basis of free will and unity of interests for implementation and protection of their rights and freedoms, as well as satisfying political, economic, social, labor, cultural and other interests. political parties shall assist to the expression of political will of citizens, as well as shall participate in the elections of the deputies of the jogorku kenesh, the president as well as local self-governance bodies. the following shall be prohibited in the kyrgyz republic: merger of state, municipal and party institutions; establishment and activity of party organizations in state and municipal institutions and organizations; carrying out party activity by civil and municipal servants except for the cases when such activity is implemented outside their official duties; membership of those serving in the army, law-enforcement agencies as well as judges in political parties as well as their statements in support of any political party; creation of political parties on religious or ethnic basis as well as pursuit of political goals by religious associations; creation of militant formations by associations of citizens; activity of political parties, public and religious organizations, their representations and branches in the event that such structures pursue political goals aimed at forced change of the constitutional setup, undermining national security, incitement of social, racial, inter-national, inter-ethnic and religious hatred. article 5 the state and its authorities shall serve for the benefit of the entire society and not a certain part thereof. no part of the population, no association and no separate person shall have the right to monopolize power in the state. usurpation of state power shall be considered as a gravest crime. the state, its authorities, local self-government bodies and officials thereof shall not go beyond the limits of powers defined in the present constitution and laws. state authorities, local self-governance bodies and officials thereof shall be responsible for any illegal action in accordance with the regulations envisaged in the law. article 6 the constitution shall have supreme legal force and direct application in the kyrgyz republic. the constitution shall serve the basis for the adoption of constitutional laws, laws as well as other regulatory legal acts. international treaties to which the kyrgyz republic is a party that have entered into force under the established legal procedure and also the universally recognized principles and norms of international law shall be the constituent part of the legal system of the kyrgyz republic. the procedure and modalities of application of international treaties as well as universally recognized principles and norms of the international law shall be defined in the law. official publication of laws and other regulatory legal acts shall be considered as mandatory precondition for their enactment. a law or any other regulatory legal act which establishes new obligations or which aggravates responsibility shall have no retroactive force. article 7 no religion in the kyrgyz republic shall be recognized as the state or mandatory one. religion and all cults shall be separated from the state. the involvement of religious associations and ministers of religion in the activity of state authorities shall be prohibited. article 8 the territory of the kyrgyz republic, within the existing boundaries, shall be indivisible and inviolable. for the purposes of organizing state governance and local self governance, the territory of the kyrgyz republic shall be divided into administrative territorial units determined by law. the cities of bishkek and osh shall be cities of republic significance and their status shall be determined by law. article 9 the kyrgyz republic shall elaborate social programs aimed at establishing decent conditions of life and free personal development as well as assistance to employment. the kyrgyz republic shall ensure the support to socially vulnerable categories of citizens, guaranteed minimal level of labor remuneration, protection of labor and health. the kyrgyz republic shall develop a system of social services, medical services, establishes state pensions, benefits as well as other social security safeguards. article 10 the state language of the kyrgyz republic shall be the kyrgyz language. in the kyrgyz republic, the russian language shall be used in the capacity of an official language. the kyrgyz republic shall ensure that the representatives of all ethnicities which form the population of kyrgyzstan have the right to preserve their native language as well as creation of conditions for its learning and development. article 11 the kyrgyz republic shall have state symbols the flag, the emblem and anthem. their description and procedure of official use shall be established by law. the capital of the kyrgyz republic shall be the city of bishkek. the unit of currency of the kyrgyz republic shall be the som. article 12 in the kyrgyz republic the diversity of forms of property shall be recognized and equal legal protection to private, state, municipal and other forms of property shall be guaranteed. property shall be inviolable. no one can be arbitrarily deprived of his/her property. confiscation of property against the will of the owner shall be allowed only upon decision of a court. forced confiscation of property without the decision of the court shall be allowed in cases stipulated by law, for the purposes of protecting national security, public order, protection of health and morale of the population as well as protection of rights and freedoms of other persons. the legality of such confiscation shall be subject to mandatory review in court. the alienation of property for public needs defined in the law may be effected upon the decision of the court with ensuring of prior and equitable compensation for the value of such property as well as for other losses incurred as a result of such alienation. appropriation by the state of property belonging to citizens and legal entities (nationalization) shall be effected in accordance with the law with the compensation of the value of such property as well as for other losses. the kyrgyz republic shall protect the property of its citizens and legal persons, as well as its property located on the territory of other states. the land, its resources, airspace, waters, forests, flora and fauna, as well as other natural resources shall be the exclusive property of the kyrgyz republic; these shall be used for the purpose of preserving a unified environmental system as the basis of life and activity of the people of kyrgyzstan and shall enjoy special protection from the state. land may also be in private, municipal and other forms of ownership except for pastures which may not be in private property. the limits of and procedure for the exercise of rights by owners and implementation of guarantees of their protection shall be determined by law. article 13 the state budget of the kyrgyz republic shall consist of the republican and local budgets and shall include expenditures and revenues. the procedure of formulation, adoption and execution of the republican and local budgets as well as of the audit of their execution shall be determined by law. the republican budget shall be adopted by a law; the local budgets are adopted by the decision of relevant representation bodies. a single taxation system shall be in force on the territory of the kyrgyz republic. the right to establish taxes shall belong to the jogorku kenesh. laws establishing new taxes and negatively affecting the situation of taxpayers shall not have retroactive force. article 14 the kyrgyz republic has no goals of expansion, aggression or territorial claims to be resolved by military force. it rejects the militarization of state life and the subordination of the state and its activity to the purposes of waging a war. the armed forces of kyrgyzstan shall be formed in accordance with principles of self-defense and defensive sufficiency. the right to wage war shall not be recognized except in cases of aggression against kyrgyzstan and other states bound by obligations of collective defense. the permission in each instance of displacement of the units of the armed forces of the kyrgyz republic beyond the territory of kyrgyzstan shall be granted by decision of the jogorku kenesh adopted by a majority of not less than two thirds of the total number of deputies. the use of the armed forces of the kyrgyz republic to attain domestic political objectives shall be prohibited. the kyrgyz republic shall strive for universal and just peace, mutually beneficial cooperation and the resolution of global and regional problems by peaceful means. article 15 state of emergency or martial law in the kyrgyz republic may be imposed only in the cases and following the procedures established by the present constitution and constitutional laws. section ii. human rights and freedoms chapter i. general provisions article 16 fundamental human rights and freedoms are inalienable and belong to each person from birth. human rights and freedoms belong to the superior values of the kyrgyz republic. they act directly; define the essence and contents of activity of all state agencies, local self-governance bodies and their officials thereof. the kyrgyz republic shall respect and ensure human rights and freedoms to all persons on its territory and under its jurisdiction. no one may be subject to discrimination on the basis of sex, race, language, disability, ethnicity, belief, age, political and other convictions, education, background, proprietary and other status as well as other circumstances. special measures defined by law and aimed at ensuring equal opportunities for various social groups in accordance with international commitments shall not be considered as discrimination. in the kyrgyz republic everyone shall be equal before the law and the courts. in the kyrgyz republic men and women shall have equal rights and freedoms and equal opportunities for their realization. the principle of ensuring best interests of a child shall be effective in the kyrgyz republic. article 17 rights and freedoms established in the present constitution shall not be exhaustive and shall not be interpreted as denial or derogation of other universally recognized human and civil rights and freedoms. article 18 everyone shall have the right to perform any action and activity except for those prohibited by the present constitution and laws. article 19 foreign citizens and stateless persons in the kyrgyz republic shall enjoy rights and perform obligations equally with the citizens of the kyrgyz republic except for cases defined by law or international treaty to which the kyrgyz republic is a party. in accordance with international commitments the kyrgyz republic shall grant asylum to foreign citizens and stateless persons persecuted on political grounds as well as on the grounds of violation of human rights and freedoms. article 20 the laws that deny or derogate human and civil rights and freedoms shall not be adopted in the kyrgyz republic. human and civil rights and freedoms may be limited by the constitution and laws for the purposes of protecting national security, public order, health and morale of the population as well as rights and freedoms of other persons. such limitations can be also introduced in view of specific modalities of military or other civil service. the introduced limitations should be commensurate to the declared objectives. the adoption of by-law regulatory acts which limit human and civil rights and freedoms is prohibited. a law may not impose the limitation of rights and freedoms with other objective and to a greater extent than it is envisaged in the constitution. the following guarantees of prohibition established by the present constitution shall not be subject to any limitations: on application of death penalty, torture and other inhuman, cruel and degrading forms of treatment or punishment; on conducting of medical, biological or psychological experiments on people without their duly expressed and verified voluntary consent; on slavery and human trafficking; on exploitation of child labor; on deprivation of freedom solely for the inability of a person to meet the contractual obligation; on criminal prosecution for the dissemination of information which encroaches on honor and dignity of a person; on coercion to express opinions, religious or other beliefs or denial thereof; on coercion to participate in a peaceful assembly; on coercion to determine and state one's ethnicity; on arbitrary deprivation of housing. the following rights established in the present constitution, shall not be subject to any limitation whatsoever: that of each detained person to human treatment and respect of human dignity; that of appeal to pardon or alleviation of punishment; that of repeated consideration of the case by a higher court; that of freedom of thought and opinion; that of freedom of choice and possessing religious or other beliefs; that of freedom to determine and state one's ethnicity; that of compensation by their state of harm caused by illegal actions of state authorities, local self-governance bodies and officials thereof in their official capacity; that of judicial protection; that of free basic general and secondary general education in state educational establishments; that of a citizen to unimpeded return to the kyrgyz republic. chapter ii. human rights and freedoms article 21 everyone shall have an inalienable right to life. no one may be arbitrarily deprived of life. death penalty is prohibited. article 22 no one may be subject to torture as well as other inhuman, cruel and degrading forms of treatment or punishment. each person deprived of liberty shall have the right to human treatment and respect of human dignity. conducting of medical, biological or psychological experiments on people without their duly expressed and verified voluntary consent is prohibited. article 23 slavery and human trafficking is prohibited in the kyrgyz republic. exploitation of child labor is prohibited. forced labor is prohibited except for cases of war, liquidation of aftermath of natural disasters and other emergencies as well as in execution of the verdict of court. enlistment to military or alternative (civilian) service shall not be considered as forced labor. article 24 everyone shall have the right to freedom and personal immunity. no one may be deprived of freedom solely for his / her inability to meet a contractual obligation. no one may be arrested, kept in custody or be deprived of freedom except by court decision and solely on the basis of and in accordance with the procedures established by the law. no one may be detained in custody for more than 48 hours without the court ruling. anyone detained person should be promptly or in any case until expiration of 48 hours since the moment of detention should be delivered to court in order to decide the issue on the legality of his/her detention. in certain cases the lay may provide for shorter terms of detention. any detained person has the right to review the legality of detention in accordance with the rules and periodicity established by law. in the event that the grounds for detention ceases to be valid, such person should be immediately released. any detained person shall be informed urgently of the grounds for his/her detention, have rights explained and ensured, including the right of medical inspection and assistance from the doctor. since the moment of actual detention a person should be kept safe, such person shall be granted an opportunity to protect himself/herself personally, enjoy qualified legal aid from a lawyer as well as have an attorney. the right to exemption from criminal liability for committed crimes for which the statute of limitation is expired may be determined by the law. article 25 everyone shall have the right to liberty of movement, freedom to choose their destination and residence in the kyrgyz republic. everyone shall have the right to freely leave the kyrgyz republic. article 26 everyone shall be presumed innocent of committing a crime until found guilty in accordance with the law and his/her guilt was ascertained by a court verdict having entered into force. the violation of this principle shall serve a basis for the compensation of material and moral damage through a court. no one should prove his/her innocence. any doubts in respect of culpability shall be interpreted for the benefit of the accused. no one shall be convicted of a crime solely on the basis of his/her own confession in having committed an offense. the burden of proof of guilt in criminal case shall be on the accuser. evidence obtained in violation of the law shall not be used for the justification of the accusation and delivery of court verdict. no one shall be obliged to testify against themselves, his/her spouse or close relatives as determined by law. the law may provide for other cases in which they are relieved from the obligation to testify. everyone shall have the right to have their case examined by a court with the participation of jurors in cases stipulated by law. article 27 each convicted person shall have the right to a reconsideration of his/her case by a higher court in accordance with the provisions of law. each convicted person shall have the right to seek a pardon or alleviation of punishment. no one shall bear repeated legal liability for one and the same offense. article 28 a law establishing or aggravating the liability of a person shall not have retroactive force. no one may be held guilty of any act which did not constitute a criminal offence at the time when it had been committed. in the event that after committing an offence, provision is made for the removal of the liability or imposing of a lighter penalty, then the new law shall be applied. application of the criminal law by analogy shall not be permitted. article 29 everyone shall have the right to inviolability of one's private life and the and protection of honor and dignity. everyone shall have the right to secrecy of correspondence, telephone and other conversations, postal, telegraphic, electronic and other communications. the limitation of these rights is allowed only in accordance with law and solely on the basis of a court order. collection, storage, use and dissemination of confidential information as well as information on private life of a person without his/her consent shall not be allowed except for cases envisaged in the law. everyone shall be guaranteed protection, including judicial defense, from illegal collection, storage and dissemination of confidential information and information on private life of a person; the right for the compensation of material and moral damage caused by illegal action shall be guaranteed. article 30 everyone shall have the right of the inviolability of housing as well as other objects to which he/she has proprietary or other right. no one may penetrate housing or other objects against the will of a person who uses them. searches, seizures, inspections and performing other actions as well as penetration of public agents in housing or other objects owned or otherwise possessed shall be allowed only on the basis of a court order. in cases envisaged by law, search, seizure, inspection and other actions as well as penetration of public agents in housing and other objects owned or otherwise possessed shall be allowed without court order. the legality and relevance of such actions shall be subject to judicial scrutiny. guarantees and limitations envisaged in this article shall be also applicable to legal entities. article 31 everyone shall have the right to freedom of thought and opinion. everyone shall have the right to free expression of opinion, freedom of speech and press. no one may be forced to express his/her opinion or deny it. the propagation of national, ethnic, racial and religious hatred, gender as well as other social supremacy which calls to discrimination, hostility and violence shall be prohibited. article 32 everyone shall be guaranteed freedom of conscience and belief. everyone shall have the right to confess individually or jointly with other persons any religion or not to confess religion. everyone shall have the right to freely choose and have religions and other convictions. no one may be forced to express his/her religious and other convictions or deny them. article 33 everyone shall have the right to freely seek, receive, keep and use information and disseminate it orally, in writing or otherwise. everyone shall have the right to acquaint with the information on himself/herself in state authorities, local self governance bodies, institutions and organizations. everyone shall have the right to obtain information on the activity of state authorities, local self governance bodies as well as officials thereof, legal entities with the participation of state authorities and local self governance bodies as well as organizations financed from the republican and local budgets. everyone shall be guaranteed access to information in the possession of state authorities, local self governance bodies as well as officials thereof. the regulations of providing information shall be envisaged in the law. no one may be subject to criminal prosecution for the dissemination of information which abases or humiliates honor and dignity of a person. article 34 everyone shall have the right to freedom of peaceful assembly. no one may be forced to participate in the assembly. in order to ensure the conduct of a peaceful assembly everyone shall have the right to submit notice to state authorities. prohibition and limitation on conduct of a peaceful assembly shall not be allowed; the same applies to refusal to duly ensure it failing to submit notice on conduct of free assembly, non-compliance with the form of notice, its contents and submission deadlines. the organizers and participants in peaceful assemblies shall not be liable for the absence of notice on the conduct of a peaceful assembly, non-compliance with the form of notice, its contents and submission deadline. article 35 everyone shall have the right of freedom of association. article 36 family shall be the foundation of the society. family, paternity, maternity and childhood shall be the subject of care of the entire society and preferential protection by law. each child shall have the right to the level of life, necessary for his/her physical, mental, spiritual, moral and social development. the responsibility for ensuring living conditions necessary for the development of a child, shall be borne by each of the parents or other persons rearing a child within their capacity and financial possibilities. the state shall ensure the maintenance, upbringing and education to child orphans and children deprived of parental care. a family is created upon voluntary union of a man and a woman who reached the age of consent and entry into marriage. no marriage shall be entered into without mutual consent of persons desiring to marry. the marriage shall be registered by the state. the spouses shall have equal rights and obligations in marriage and family. article 37 in the kyrgyz republic, folk customs and traditions which do not infringe upon human rights and freedoms shall be supported by the state. respect for the elderly and caring for family and close relatives shall be the obligation of everyone. article 38 everyone shall have the right to freely determine and state his/her ethnicity. no one may be forced to determine and state his/her ethnicity. article 39 everyone shall have the right to compensation for any damage caused by illegal acts of state authorities, local self governance bodies or officials thereof in their official capacity. article 40 everyone shall be guaranteed judicial protection of his/her rights and freedoms envisaged in the present constitution, laws, international treaties to which the kyrgyz republic is a party as well as universally recognized principles and norms of international law. the state shall ensure the development of extrajudicial and pre-trial methods, forms and means to protect human and civil rights and freedoms. everyone shall have the right to protect his/her rights and freedoms by any means that are not prohibited by law. everyone shall have the right to be provided with qualified legal aid. in cases provided for in the law, legal aid is rendered at the expense of the state. article 41 everyone shall have the right to appeal to state authorities, local self governance bodies as well as officials thereof; these officials should provide a substantiated answer within the deadlines envisaged in the law. everyone shall have the right to apply in accordance with international treaties to international human rights bodies seeking protection of violated rights and freedoms. article 42 everyone shall have the right to possess, use and dispose of his/her property and results of activity. everyone shall have the right to economic freedom and free use of his/her abilities and property for any economic activity not prohibited by law. everyone shall have the right to freedom of labor, the use of his/her their abilities for work and choice of profession and occupation, labor protection and labor arrangements meeting safety and hygienic requirements as well as the right to remuneration for labor not less than minimum subsistence level. article 43 everyone shall have the right to strike. article 44 everyone shall have the right to leisure. maximum duration of work time, minimal weekly rest, paid annual leave as well as other basic modalities of the implementation of right to leisure shall be envisaged in the law. article 45 everyone shall have the right to education. general basic education shall be compulsory. everyone shall have the right to receive general basic and secondary basic education in state educational establishments free of charge. the state shall create conditions for teaching everyone in the state, official and one international language beginning from pre-school educational establishments until the general basic education. the state shall create conditions for the development of public, municipal and private educational establishments. the state shall create conditions for the development of physical culture and sports. article 46 everyone shall have the right to housing. no one may be arbitrarily deprived of housing. state authorities and local self governance bodies shall promote construction and shall create conditions for the implementation of the right to housing. housing to low income persons as well as other persons in need shall be provided free of charge or for affordable payment from the state, municipal and other housing funds or in social institutions on the conditions and in accordance with the procedures established by law. article 47 everyone shall have the right to health protection. the state shall create conditions for medical servicing of everyone and shall take measures to develop public, municipal and private healthcare sectors. free medical service as well as medical service on preferential terms shall be ensured within the volume of state guarantees envisaged in the law. withholding of facts and circumstances endangering life and health of people by officials shall be subject to liability established by the law. article 48 everyone shall have the right to environment favorable for life and health. everyone shall have the right to compensation of damage to health or property resulting from actions in the area of nature management. everyone should care for the environment, flora and fauna. article 49 everyone shall be guaranteed freedom of activity in literature, art, science, technical and other areas as well as teaching. everyone shall have the right to participate in cultural life and access to cultural values. the state shall ensure the preservation of historical monuments as well as other objects of cultural heritage. intellectual property shall be protected by law. chapter iii. citizenship. rights and duties of a citizen article 50 a citizen shall have rights and bear duties resulting from his/her citizenship. no one may be deprived of his/her citizenship and denied the right to change his/her citizenship otherwise than in cases and according to procedures established by the constitutional law. persons who are citizens of the kyrgyz republic shall enjoy recognition of affiliation to the citizenship of another state in accordance with the law and international treaties to which the kyrgyz republic is a party. the kyrgyz people living outside the kyrgyz republic shall have the right, regardless of their citizenship of another state, to acquire citizenship of the kyrgyz republic under a simplified procedure. the procedure and conditions for granting citizenship of the kyrgyz republic shall be defined by law. a citizen may not be expelled beyond the borders of the republic or extradited to another state. the kyrgyz republic shall guarantee its citizens defense and protection beyond its borders. article 51 citizens shall have the right to unimpeded return to the kyrgyz republic. article 52 citizens shall have the right to: participate in the discussion and adoption of laws and decisions of republican and local significance; to elect and to be elected to state authorities and local self governance bodies in accordance with the procedures established by the present constitution and the law; to take part in referenda in accordance with procedures established by the constitutional law. citizens shall have the right to hold people's kurultai [assemblies] on issues of state and public importance. the decision of people's kurultai shall be delivered to the respective agencies as recommendations. the regulations of conducting people's kurultai shall be defined in the law. citizens shall have the right to participate in the formulation of the republican and local budgets as well as obtain information on actual spending of budgetary funds. citizens shall have equal rights and equal opportunities to take up posts in civil and municipal service as well as promotion in accordance with the regulations established in the law. citizens of the kyrgyz republic who have another citizenship may not assume political state posts and the positions of judges. such limitation may be also established by the law for other public positions. article 53 social security in old age, in case of disease and in the event of disability or loss of the breadwinner shall be guaranteed to the citizens under a procedure and in the cases established by the law. pensions and social assistance in accordance with the economic resources of the state shall ensure a standard of living not lower than the minimum subsistence level established by the law. voluntary social insurance and establishment of additional forms of social security and charity shall be promoted. social activity of the state shall not result in the state guardianship limiting economic freedom and activity of a citizen and the possibilities of a citizen to attain economic wellbeing for himself/herself and his/her family. article 54 the state shall promote the increase of professional qualification of citizens under a procedure established by the law. article 55 citizens should pay taxes and dues in cases and pursuant the procedures envisaged by the law. article 56 protection of fatherland is a sacred duty and the responsibility of citizens. the reasons and the procedures of exemption of citizens from military service or replacement thereof with alternative (civilian) service shall be defined in the law. article 57 the organization and activities of the bar as a self-regulated professional community of lawyers as well as the rights, obligations and responsibilities of lawyers shall be defined by the law. article 58 for the purposes of extrajudicial resolution of disputes arising from civil law relations, citizens of the kyrgyz republic shall have the right to establish courts of arbitration. the competences, the procedures of establishment and the activity of courts of arbitration shall be defined by the law. article 59 the citizens of the kyrgyz republic shall have the right to establish the courts of aksakaly [elders]. the competences, the procedures of establishment and the activity of the courts of aksakaly [elders] shall be defined by the law. section iii. the president of the kyrgyz republic article 60 the president shall be the head of state. the president shall be the symbol of the unity of the people and state power. article 61 the president shall be elected by the citizens of the kyrgyz republic for a term of 6 years. one and the same person may not be elected president twice. article 62 a citizen of the kyrgyz republic, no younger than 35 years of age and not older than 70 years of age, who has a command of the state language and who has been resident in the republic for no less than 15 years in total may be elected president. there shall be no limit on the number of candidates for the office of the president. a person who has collected not less than 30,000 voters' signatures may be registered as a presidential candidate. the procedure for presidential elections shall be defined by the constitutional law. article 63 upon entering office, the president shall take an oath to the people of kyrgyzstan. the powers of the president shall cease at the moment when the newly elected president takes office. during the period in office the president shall suspend his membership in political parties and terminate any actions related to the activity of political parties. article 64 the president: shall call the elections to the jogorku kenesh in cases provided for in the present constitution; shall make decision on calling early elections to the jogorku kenesh in cases and pursuant the procedures envisaged in the present constitution; shall call elections to local keneshes (parliaments), in accordance with procedure and in cases provided in the law shall dismiss local keneshes. the president: shall sign and promulgate laws; shall return laws with his objections to the jogorku kenesh; shall have the right to convene an extraordinary sitting of the jogorku kenesh and define the issues for consideration thereof; shall have the right to address at the sittings of the jogorku kenesh. the president: at the proposal of the council on selection of judges, shall submit to the jogorku kenesh candidates for election as judges of the supreme court and the constitutional chamber of the supreme court; shall submit to the jogorku kenesh the judges to be dismissed from the membership in the supreme court and the constitutional chamber of the supreme court upon proposal of the disciplinary commission with the council of judges or the council of judges in cases envisaged in this constitution and the constitutional law; shall appoint local court judges at the proposal of the council on selection of judges; shall dismiss local court judges at the proposal of the disciplinary commission with the council of judges or the council of judges in cases envisaged in this constitution and the constitutional law. the president: shall appoint with the consent of the jogorku kenesh the prosecutor general; in cases envisaged in the law, shall dismiss the prosecutor general from office with the consent of not less than one half of the total number of the deputies of the jogorku kenesh or at the initiative of one third of the total number of the deputies of the jogorku kenesh approved by the two thirds of the deputies of the jogorku kenesh; at the proposal of the prosecutor general shall appoint and dismiss the deputies of the prosecutor general; shall appoint and dismiss from office the members of the government in charge of state agencies dealing with the issues of defense and national security as well as their deputies. the president: shall submit to the jogorku kenesh the candidates to be elected to the position of the chairperson of the national bank; at the proposal of the chairperson of the national bank shall appoint deputy chairmen and members of the board of the national bank; in cases envisaged in the law shall dismiss them from office; shall nominate to the jogorku kenesh the candidates to form one third of the members of the central commission on elections and referenda for election and dismissal; shall nominate to the jogorku kenesh the candidates to form one third of the members of the chamber of accounts for election and dismissal; shall appoint the chairperson of the chamber of accounts from among the members of the chamber of accounts elected by the jogorku kenesh and dismisses the chairperson in cases envisaged in the law. the president: shall represent the kyrgyz republic inside and outside the country; shall conduct negotiations and sign upon consent of the prime minister international treaties; shall have the right to assign these powers to the prime-minister, members of the government as well as other officials; shall sign instruments of ratification and instruments of accession; shall appoint, upon consent of the prime minister, diplomatic representatives of the kyrgyz republic in foreign states and permanent representatives in international organizations and shall recall them; shall accept the credentials and letters of recall of the heads of diplomatic missions of foreign states. the president shall decide upon the issues of naturalization and denunciation of citizenship in the kyrgyz republic the president shall be the commander in chief of the armed forces of the kyrgyz republic, shall define, appoint and dismiss the highest commanders of the armed forces of the kyrgyz republic. the president: shall chair the security council which is established in accordance with the law; shall give warning, on grounds specified by constitutional law, of the possibility of introducing a state of emergency, and where necessary shall introduce a state of emergency in individual localities without prior declaration, providing prompt notification to the jogorku kenesh; shall declare general or partial mobilization; shall announce a state of war in the event of aggression to the kyrgyz republic and shall promptly submit this issue for consideration by the jogorku kenesh; shall declare martial law in the interests of the defense of the country and the safety of its citizens and shall promptly submit this issue for consideration by the jogorku kenesh. the president: shall confer state awards of the kyrgyz republic; shall confer honorary titles of the kyrgyz republic; shall confer the highest military ranks, diplomatic ranks and other special titles; shall grant pardons; shall define the structure of his/her apparatus, shall approve the regulations thereof and appoint the head thereof. the president shall exercise other powers envisaged in the present constitution. article 65 the president shall exercise his/her powers by way of issuing decrees and orders which shall be mandatory for implementation on the entire territory of the kyrgyz republic. article 66 the powers of the president may be terminated early as a result of resignation on the basis of his/her own application, upon his impeachment in accordance with the procedure provided for in the present constitution or in the event of his inability to exercise his powers as a result of illness or death. in the event that the president is unable to carry out his/her duties as a result of illness, the jogorku kenesh shall adopt a decision on early dismissal of the president from office based on the conclusion of a state medical commission created by it, with a vote of no less than two thirds of the total number of deputies of the jogorku kenesh. article 67 the president may be brought to criminal liability after being dismissed. the president may be dismissed from office only on the basis of a charge brought by the jogorku kenesh in respect of him for having committed a crime, confirmed by the conclusion of the office of the prosecutor general that the president's actions had features of a crime. the decision of the jogorku kenesh to bring a charge against the president for his dismissal from office must be taken by the majority of the total number of the deputies of the jogorku kenesh at the initiative of not less than one third of the total number of deputies, and shall be supported by a conclusion of a special commission formed by the jogorku kenesh. the decision of the jogorku kenesh on the impeachment of the president shall be taken by the majority of not less than two third of votes of the total number of the deputies of the jogorku kenesh not later than within three months since the bringing of the charge against the president. in the event that the jogorku kenesh fails to make a decision within this period, the charge shall be deemed rejected. article 68 in case of early termination of powers by the president on the grounds envisaged in the present constitution, his/her powers shall be exercised by the toraga [speaker] of the jogorku kenesh until new president is elected. in case of inability of the toraga to exercise the powers of the president, then such powers shall be exercised by the prime minister or a person acting as prime minister. early presidential elections are conducted within three months period since the termination of powers of the president. officials exercising the powers of the president shall not have the right to call early elections of the jogorku kenesh, dismiss the government or be a candidate to the position of the president at early presidential elections article 69 all former presidents except for those impeached in accordance with provisions of article 67 of the present constitution, shall have the title of ex-president of the kyrgyz republic. the status of the ex-president shall be defined in the law. section iv. legislative power of the kyrgyz republic chapter i. the jogorku kenesh article 70 the jogorku kenesh the parliament of the kyrgyz republic shall be the highest representative body exercising legislative power and oversight functions within the limits of its competence. the jogorku kenesh shall consist of 120 deputies elected for a five year term on the basis of proportional representation. as a result of elections a political party may not be granted more than 65 deputy mandates in the parliament. any citizen of the kyrgyz republic who has reached 21 years of age as of the election day and who possesses the electoral right, may be elected as a deputy of the jogorku kenesh. the procedure of electing the deputies to the jogorku kenesh including the establishment of an electoral threshold for passing to the parliament, shall be defined in the constitutional law. the deputies of the jogorku kenesh shall form factions. the faction or a coalition of factions, which has officially announced the creation of coalition of factions in the jogorku kenesh and which has over one half of the deputies mandates, shall be considered as parliamentary majority. the faction or factions which are not part of the parliamentary majority and which have announced their opposition to the latter, shall be considered as parliamentary opposition. the decision on withdrawal from the coalition of factions of the parliamentary majority shall be made by a faction by at least two thirds of votes of the total number of faction members. the decision of the faction shall be in the form of a resolution of the faction and shall be signed by each faction member who voted for the withdrawal. article 71 the jogorku kenesh shall assemble for its first session not later than 15 days after the results of elections are defined. the oldest member of the jogorku kenesh shall open the first sitting of the jogorku kenesh. the powers of the previous jogorku kenesh shall cease from the day of the first sitting of the newly convened jogorku kenesh. the powers of the deputies of the jogorku kenesh shall commence from the day of taking the oath by them. article 72 a deputy of the jogorku kenesh may not be prosecuted for opinions expressed in the course of their activities as a deputy or for the outcome of voting in the jogorku kenesh. the institution of criminal proceedings against a deputy shall be permitted with the consent of the majority of the total number of the deputies of the jogorku kenesh except where grave offences have been committed. except for cases envisaged in part 3 of the present article, a deputy of the jogorku kenesh may not combine the activity of the deputy with another position in the civil and municipal service, may not be engaged in entrepreneurial activity and may not be a member of the governing body or supervisory council of a commercial organization. a deputy of the jogorku kenesh shall have the right to engage in scientific, teaching or other creative activity. a deputy of the jogorku kenesh may be appointed to the position of the prime minister or first deputy prime minister retaining the mandate and the right to vote at the plenary sessions of the jogorku kenesh. the procedure of implementation and limitation of other powers of a deputy appointed to the position of the prime minister or first deputy prime minister shall be defined by laws. resignation, relieving from duty or termination of performing the functions of the prime minister or first deputy prime minister shall result in the full restoration of the powers of a deputy. article 73 a deputy of the jogorku kenesh shall not be bound by the imperative mandate. the deputy may not be recalled. the powers of a deputy of the jogorku kenesh shall cease simultaneously with the termination of activity of the relevant convocation of jogorku kenesh. in addition to the ground envisaged in paragraph 2 of the present article the powers of the deputy of the jogorku kenesh shall be subject to early termination in the following cases: submission of a written application on resignation of the powers as a deputy or his/her disaffiliation with the faction; withdrawal from citizenship or acquisition of another citizenship; acceptance of a job or failure to abandon work incompatible with the exercise of their powers as a deputy; declaring the elections invalid; departure to a permanent place of residence outside the borders of the kyrgyz republic; a court decision declaring the deputy legally incapable; entry into legal force of a court conviction in respect of a deputy; absence from the sittings of the jogorku kenesh for no good reason for 30 and more working days during one session; entry into legal force of a court decision declaring the deputy missing or deceased; death of a deputy. early termination of powers of a deputy of the jogorku kenesh on the aforementioned grounds shall be executed by a resolution of the central commission on elections and referendums, which shall be adopted not later than 30 calendar days since the date of accrual of cause. the procedure for replacing a mandate falling vacant as the result of early termination of powers of a deputy shall be defined by the constitutional law. chapter ii. powers of the jogorku kenesh article 74 the jogorku kenesh: shall adopt the law on appointing a referendum; shall call for presidential electrons. the jogorku kenesh: shall introduce changes to the present constitution; shall adopt laws; shall ratify and denunciate international treaties pursuant the procedures envisaged by law; shall solve the issues of alteration of the state borders of the kyrgyz republic; shall approve the republican budget and the report on its execution; shall decide on matters of administrative and territorial structure of the kyrgyz republic; shall issue amnesty acts. the jogorku kenesh: shall approve the program of the activity of the government, defines the structure and composition of the government except for the members heading state agencies in charge of issues of defense and national security; shall approve nation wide development programs submitted by the government; shall make decision upon the confidence in the government; shall make decision on expressing no confidence in the government. the jogorku kenesh: upon submission of the president shall elect the judges of the supreme court and the constitutional chamber of the supreme court; in cases envisaged by this constitution and the constitutional law shall dismiss them upon submission of the president; shall approve the composition of the council on selection of judges in accordance with the procedure envisaged in the law; upon submission of the president shall elect the chairperson of the national bank and shall dismiss him/her in cases envisaged in the law; shall elect members of the central commission on elections and referenda; one third of its members to be nominated by the president, one third by the parliamentary majority and one third by the parliamentary opposition; shall dismiss them in cases provided for by the law; shall elect the members of the chamber of accounts; one third of its members to be nominated by the president; one third by the parliamentary majority and one third by the parliamentary opposition; dismiss them in cases provided for by the law; shall elect and in cases provided for in the law shall dismiss the ombudsman (akiykatchy); shall give consent for criminal proceedings against him/her; shall elect and in cases provided for in the law shall dismiss deputies of the ombudsman (akiykatchy) upon submission of the ombudsman (akiykatchy); shall give consent for criminal proceedings against them; upon proposal of the president, shall approve the appointment of the prosecutor general; shall approve criminal proceedings against the prosecutor general; shall give consent for dismissal the prosecutor general from office by the majority of at least one half of the total number of deputies of the jogorku kenesh; shall approve by the majority of not less than two thirds of votes of the total number of the deputies of the jogorku kenesh the initiative of one third of the total number of the deputies of the jogorku kenesh on dismissal of the prosecutor general from office in cases provided for in the law. the jogorku kenesh: shall introduce the state of emergency in cases and in accordance with procedure envisaged in the constitutional law, shall approve or repeal presidential decrees on this matter; shall decide on matters of war and peace; imposition of the martial law; declaring state of war as well as approval of repealing presidential decrees on this matter; shall decide on matters concerning the possibility of using the armed forces of the kyrgyz republic outside its borders in case of necessity to fulfill international treaty obligations in support of peace and security; shall establish military ranks, diplomatic ranks and other special titles of the kyrgyz republic; shall establish state awards and honorary titles of the kyrgyz republic. the jogorku kenesh: shall hear addresses of the president, the representatives of foreign states and international organizations; shall hear annual statement of the ombudsman (akiykatchy); shall hear annual reports of the prime minister, the prosecutor general, the chairperson of the national bank and the chairperson of the chamber of accounts. the jogorku kenesh shall bring charges against the president and shall make the decision on his/her impeachment in accordance with the procedures envisaged in the present constitution. the hearing of annual reports and statements of officials specified in the present article shall be conducted in accordance with the provisions of the present constitution and laws on the autonomy and independence of the state authorities and their officials. the jogorku kenesh shall exercise other powers provided for in the present constitution. article 75 the jogorku kenesh shall elect from among its members the toraga [speaker] of the jogorku kenesh and his/her deputies. the deputies of the toraga of the jogorku kenesh shall be elected in the number and in accordance with the procedures to ensure that they are elected from the deputies of the jogorku kenesh which are part of the parliamentary opposition. the toraga of the jogorku kenesh: shall conduct the sittings of the jogorku kenesh; shall perform the overall guidance in preparation of issues to considered at the sittings of the jogorku kenesh; shall sign acts adopted by the jogorku kenesh; shall represent the jogorku kenesh in the kyrgyz republic and outside its borders, shall ensure interaction of the jogorku kenesh with the president, the government, the judicial branch and local self government bodies; shall exercise general management and oversight over the activity of the administration of the jogorku kenesh; shall exercise other powers related to the organization of the activity of the jogorku kenesh entrusted to him/her under the rules of procedure of the jogorku kenesh. the toraga of the jogorku kenesh shall be elected by secret ballot by majority of the total number of deputies of the jogorku kenesh. the toraga of the jogorku kenesh shall be accountable to the jogorku kenesh and may be dismissed from office by decision adopted by a majority of not less than two thirds of the total number of deputies of the jogorku kenesh. loss of the parliamentary majority status by the coalition of factions will require confirmation of powers of the speaker by the majority of votes of the total number of deputies of the jogorku kenesh. article 76 the jogorku kenesh shall form committees from among its deputies and also temporary commissions and determine their composition. chairpersons of the budget committee and the committee on law and order shall be from among the representatives of the parliamentary opposition. committees of the jogorku kenesh shall prepare and conduct preliminary review of issues referred to the competence of the jogorku kenesh and oversee the implementation of the laws and resolutions adopted by the jogorku kenesh. laws and regulatory legal acts of the jogorku kenesh shall be adopted after preliminary review of their drafts by the relevant committees of the jogorku kenesh. the election and approval by the jogorku kenesh for appointments and dismissals from public positions shall be performed provided there is an opinions of the relevant committees of the jogorku kenesh. article 77 the sessions of the jogorku kenesh shall be conducted in the form of sittings and shall be held since the first working day of september until the last working day of june of the following year. the sittings of the jogorku kenesh shall be public unless the nature of issues under consideration requires closed sittings. the toraga of the jogorku kenesh shall convene extraordinary sessions of the jogorku kenesh at the proposal of the president, the government or not less than one third of the deputies of the jogorku kenesh. a sitting of the jogorku kenesh shall have a quorum in the event that the majority of the total number of the deputies of the jogorku kenesh are in attendance. the decisions of the jogorku kenesh shall be made by voting during the sittings and formalized through resolutions. article 78 the jogorku kenesh may decide on its self-dissolution. a decision on self-dissolution may be adopted by the majority of not less than two-thirds of the total number of deputies of the jogorku kenesh. within 5 days since the self-dissolution of the jogorku kenesh the president shall call early elections so that the early elections should be held not later than 45 days since the date of their announcement. chapter iii. legislative activity article 79 the right of legislative initiative shall lie with: 10,000 voters (popular initiative); a deputy of the jogorku kenesh; the government. article 80 bills shall be submitted to the jogorku kenesh. the bills which were defined by the government as urgent shall be considered by the jogorku kenesh as a matter of priority. bills that provide for increased expenditures to be covered from the state budget may be adopted by the jogorku kenesh after the government has determined the source of funding. the laws are passed by the jogorku kenesh in three readings. the laws and decisions shall be adopted by the jogorku kenesh by the majority of deputies in attendance but not less than 50 votes of the deputies of the jogorku kenesh unless the present constitution provides otherwise. constitutional laws and laws altering state borders shall be adopted by the jogorku kenesh after not less than in three readings by not less than two-thirds of the total number of deputies of the jogorku kenesh. the adoption of constitutional law and law altering state borders shall be prohibited during the state of emergency and martial law. article 81 a law adopted by the jogorku kenesh shall be sent within 14 days to the president for signature. the president not later than one month after the receipt of the law, shall sign it or return it with his objections to the jogorku kenesh for re-examination. the laws on the republican budget and taxes shall be subject to mandatory signature except for requests of the prime minister to return such laws without signing. in the event that upon re-examination a constitutional law or a law shall be approved in its previous version by not less than two thirds of the total number of deputies of the jogorku kenesh, such law shall be signed by the president within 14 days since the date of receipt. in the event of failure to sign constitutional law or a law approved in its earlier version within the stipulated period of time, such law shall be signed by the toraga of the jogorku kenesh not later than 10 days and shall be subject to publication. article 82 a law shall enter into force upon the expiry of ten days since its official publication in official media unless there is a contrary provision in the law itself or in the law on the procedure for its entry into force. section v. executive power of the kyrgyz republic article 83 executive power in the kyrgyz republic shall be exercised by the government, ministries subordinate to it, state committees, administrative departments and local state administrations. the government shall be the highest body of executive power in the kyrgyz republic. the government shall be headed by the prime minister. the government shall consist of the prime minister, vice-prime ministers, ministers and chairpersons of state committees. the structure of the government shall include ministries and state committees. article 84 the faction which has more than one half of deputies' mandates, or a coalition of factions with its participation within 25 days since the date of the first sitting of the jogorku kenesh of new convocation shall nominate a candidate for the office of the prime minister. the candidate for the office of the prime minister shall submit to the jogorku kenesh the program, structure and composition of the government. in the event that before expiration of the above time period the jogorku kenesh fails to approve the program, define the structure and composition of the government or in case based on the results of the elections neither party shall get more than one half of deputies' mandates, then the president shall propose to one of factions to create parliamentary majority within 25 working days and nominate the candidate for the office of the prime minister. the candidate for the office of the prime minister shall submit to the jogorku kenesh the program, structure and composition of the government before expiration of the above time period. in the event that before expiration of the above time period the jogorku kenesh fails to approve the program, define the structure and composition of the government then the president shall propose to the second faction to create parliamentary majority within 15 working days and nominate the candidate for the office of the prime minister. the candidate for the office of the prime minister shall submit to the jogorku kenesh the program, structure and composition of the government before expiration of the above time period. in the event that before expiration of the above time period the jogorku kenesh fails to approve the program, define the structure and composition of the government, then the factions at their own initiative shall create parliamentary majority within 15 working days and nominate the candidate for the office of the prime minister. the candidate for the office of the prime minister shall submit to the jogorku kenesh the program, structure and composition of the government before expiration of the above time period. the president within 3 days period shall issue a decree on the appointment of the prime minister and other members of the government. in the event that the president fails to issue the decree on appointment of the prime minister and members of the government within the above time period, they shall be deemed appointed. in the event of failure to approve the program, define the structure and composition of the government in accordance with the procedures envisaged in the present constitution, the president shall call for early elections to the jogorku kenesh. in such case the government shall exercise its functions until the new convocation of the jogorku kenesh forms a new government pursuant the procedures envisaged in the present constitution. in the event that a coalition of factions loses the status of the parliamentary majority, the government shall resign and a new government shall be created in accordance with procedures and within the time periods envisaged in the present article. before the formation of the new composition of the government the prime minister and the members of the government shall continue to exercise their duties. article 85 the government shall be responsible and accountable to the jogorku kenesh within the limits stipulated in the present constitution. the prime minister shall present an annual report on the work of the government to the jogorku kenesh. the jogorku kenesh may consider the issue of no confidence in the government at the initiative of one-third of the total number of deputies of the jogorku kenesh. the resolution on no confidence in the government shall be adopted by the majority of the total number of deputies of the jogorku kenesh. the issue of no confidence in the government may not be considered by the jogorku kenesh the six months prior to the next presidential elections. following the expression of no confidence in the government, the president shall be entitled to either take a decision on the dismissal of the government or disagree with the decision of the jogorku kenesh. in the event that within three months the jogorku kenesh repeatedly adopts the decision expressing no confidence in the government, the president shall dismiss the government. article 86 no more than twice a year, the prime minister may ask the jogorku kenesh for vote of confidence in the government. should the jogorku kenesh refuse to express confidence in the government, within five working days the president shall either take the decision to dismiss the government or to call early elections to jogorku kenesh. in the event of dismissal, the government shall continue to exercise its powers until the formation of the new composition of the government in accordance with the procedures and within the time period envisaged in the present constitution. article 87 the government is considered to have resigned from the first sitting of the jogorku kenesh of the new convocation. the prime minister, the government or an individual member of the government shall have the right to submit the resignation, which shall be accepted or rejected by the president. acceptance of the resignation of the prime minister shall result in the resignation of the government. before the formation of the government the prime minister and the members of the government shall continue to perform their duties. in the event of resignation of the government, the new composition of the government shall be formed in accordance with the procedures and within the time period envisaged in the present constitution. the countdown of time for the president to submit the candidate for the appointment to the office of the prime minister shall commence since the day of acceptance of the resignation of the prime minister or the government by the president. a member of the government, with the exception of members of the government heading state agencies in charge of issues of defense and national security, may be dismissed upon submission of the prime minister. in the event that within 5 working days since the day of receipt of such submission the president does not issue a decree on the dismissal of the member of the government, the prime minister upon consultation with the faction leaders of the parliamentary majority shall have the right to dismiss the member of the government by his/her own decision. in case of resignation or dismissal of a member of the government the prime minister shall within 5 working days submit to the jogorku kenesh a candidate for the vacant position. the candidate approved by the jogorku kenesh shall be appointed by the president to the relevant position of the member of the government. in the event that within 3 working days since the receipt of the decision of the jogorku kenesh to approve the candidate the president fails to issue a decree on the appointment of the member of the government, such member shall be deemed appointed. article 88 the government: shall ensure the implementation of the constitution and laws; shall implement domestic and foreign policy of the state; shall take measures to ensure law and order, rights and freedoms of citizens, protecting public order and combating crime; shall ensure the implementation of measures aimed at protecting the sovereignty of the state; territorial integrity, protection of the constitutional order, as well as measures to strengthen defense capacity, national security and law and order; shall ensure the implementation of financial, pricing, tariff, investment and tax policy; shall draft and submit to the jogorku kenesh the republican budget as well as takes measures for its execution; shall present to the jogorku kenesh the report on the execution of the republican budget; shall take measures to secure equal conditions for development of all forms of property and their protection and to manage the objects of public property; shall ensure the implementation of a unified state policy in the socio-economic and cultural areas; shall develop and implement nation wide programs of economic, social, scientific and technical as well as cultural development; shall ensure the implementation of foreign economic activity; shall ensure the interaction with the civil society; shall exercise other powers assigned to it in accordance with the constitution and laws. the organization and procedures of the government shall be established in the constitutional law. article 89 the prime minister: shall manage the work of the government, bear personal responsibility for its performance towards the jogorku kenesh; shall ensure the implementation of the constitution and laws by all agencies of the executive power; shall conduct negotiations and sign international treaties; shall conduct the meetings of the government; shall sign the resolutions and orders of the government; ensures their implementation; shall appoint and dismiss the heads of administrative agencies; shall appoint and dismiss the heads of local public administrations; shall exercises other powers envisaged in the present constitution and laws. article 90 on the basis of and pursuant the constitution and laws the government shall issue resolutions and orders, and shall ensure their implementation. the resolutions and orders of the government shall be mandatory for implementation throughout the territory of the kyrgyz republic. the government shall manage the activity of the ministries, state committees, administrative agencies as well as local state administrations. the government shall have the right to repeal acts of ministries, state committees and administrative agencies. article 91 executive power on the territory of a given administrative territorial unit shall be exercised by the local state administration. heads of local state administrations are appointed and dismissed from office in accordance with the procedure established by law. the organization and activities of local state administration shall be defined by law. article 92 local state administrations shall act on the basis of the constitution, laws and regulatory legal acts of the government. decisions of local state administrations, taken within the limits of their competence, shall be binding on the corresponding territory. section vi. judicial power in the kyrgyz republic article 93 justice in the kyrgyz republic shall be administered only by a court. in cases and under the procedures envisaged in the law, the citizens of the kyrgyz republic shall have the right to participate in the administration of justice. judicial power shall be exercised by means of constitutional, civil, criminal, administrative and other forms of legal proceedings. the judicial system of the kyrgyz republic shall be defined in the constitution and laws and shall consist of the supreme court and local courts. the constitutional chamber shall act as part of the supreme court. specialized courts may be established by the law. creation of extraordinary courts shall not be permitted. the organization and procedures of courts shall be defined by law. article 94 judges shall be independent and subordinate only to the constitution and laws. a judge shall enjoy the right of immunity and may not be detained or arrested, subjected to search or personal inspection, except for cases when he/she is caught in the act. no one shall have the right to demand a report from a judge on a given court case. any interference in the administration of justice shall be prohibited. persons found guilty of influencing upon a judge shall be liable in accordance with the law. a judge shall be provided with social, material and other guarantees of his independence in accordance with his/her status. any citizen of the kyrgyz republic who is not younger than 40 years of age and not older than 70 years of age and has a higher legal education and not less than 10 years of experience in the legal profession may be a judge in the supreme court. judges of the supreme court shall be elected until they reach the age limit. the judges of the supreme court shall elect from amongst them the chairperson of the supreme court and his/her deputies for the term of three years. one and the same person may not be elected chairperson of the supreme court or deputy chairperson for two consecutive terms. the procedure of electing and dismissing of the chairperson of the supreme court and his/her deputies shall be defined by law. any citizen of the kyrgyz republic who is not younger than 30 years of age and not older than 65 years of age, has higher legal education and not less than 5 years of experience in the legal profession may be a judge in a local court. judges of local courts shall be appointed by the president upon submission of the council on selection of judges for an initial term of 5 years and, for subsequent terms, until they reach the age limit. the procedure of nomination and appointment of judges shall be defined in the constitutional law. the assembly of judges of a local court shall elect from among them the chairperson and deputy chairperson of court for the term of three years. one and the same person may not be elected the chairperson or deputy chairperson of a local court for two consecutive terms in one and the same court. the status of judges of the kyrgyz republic shall be defined by the constitutional law, which may impose additional requirements towards the candidates to the positions of judges and certain restrictions on judges of the supreme court, constitutional chamber of the supreme court and local courts. article 95 judges of all courts of the kyrgyz republic shall hold their posts and retain their prerogatives as long as their conduct is irreproachable. the violation of the requirements of irreproachability of the conduct of judges shall serve the basis for bringing such judge to account in accordance with the procedure envisaged in the constitutional law. in the event that a judge violates the requirement of irreproachability, such judge shall be dismissed upon proposal of the disciplinary commission with the council of judges in accordance with the constitutional law. on the grounds stated above, judges of the supreme court and the constitutional chamber may be early dismissed from their positions by the jogorku kenesh by the majority of at least two thirds of votes from the total number of deputies of the jogorku kenesh upon submission of the president except for cases stated in part 3 of this article. the judges of local courts are dismissed by the president. a person dismissed from the position of a judge due to violation of the requirements of irreproachability, shall have no right to take positions in the civil service and shall be deprived from the entitlement to benefits granted to judges and former judges. in the event of death of a judge, reaching the age limit, retirement or transfer to another position, being declared dead or missing, legally incapable, loss of citizenship, withdrawal from citizenship or acquisition of another citizenship, as well as in other cases not related to the violation of irreproachability requirement, the powers of the judge shall be subject to early termination upon proposal of the council of judges by the body which elected or appointed such judge, since the day of grounds for that in accordance with the constitutional law. judges of the supreme court and the constitutional chamber shall be dismissed from their positions by the decision of the jogorku kenesh adopted by the majority of those present but no less than 50 votes of the deputies. suspension from office, administrative and criminal action in court are allowed upon consent of the disciplinary commission with the council of judges in accordance with the procedures set in the constitutional law. the selection of candidates to the positions of judges of local courts shall be made by the council on selection of judges in accordance with the procedures envisaged in the constitutional law. the transfer (rotation) of judges of local courts shall be performed by the president upon submission of the council of judges in accordance with the procedures and in cases envisaged in the constitutional law. the council on selection of judges is composed of judges and representatives of the civil society. the council of judges, the parliamentary majority and the parliamentary opposition correspondingly shall elect one third of the composition of the council on selection of judges. the organization and procedure of the council on selection of judges, its powers and rules of formation shall be defined by the law. the disciplinary commission with the council of judges shall be formed by the president, the jogorku kenesh and the council of judges, each submitting one third of candidates for membership. calling of the first sitting of the disciplinary commission shall be effected by the chairperson of the council of judges after at least two thirds of its members are appointed. in the event that the disciplinary commission with the council of judges fails to have its first sitting within 10 working days, then the organization of such meeting shall be done by the president. the total number of members, requirements to the candidates to membership in the disciplinary commission with the council of judges as well as other organizational issues of the commission shall be defined in the law. article 96 the supreme court shall be the highest body of judicial power in respect of civil, criminal, administrative as well as other cases; it shall revise the rulings of courts upon appeals of the participants in the judicial process in accordance with procedures established by the law. the plenum of the supreme court shall give explanations on issues of court practice, such explanations shall be mandatory for all courts and judges of the kyrgyz republic. the rulings of the supreme court shall be final and not subject to appeal. article 97 the constitutional chamber of the supreme court shall be a body which shall perform constitutional oversight. any citizen of the kyrgyz republic who is not younger than 40 years of age and not older than 70 years of age, has higher legal education and not less than 15 years of experience in legal profession may be the judge of the constitutional chamber of the supreme court. the judges of the constitutional chamber of the supreme court shall elect the chairperson and deputy chairperson from amongst them for the term of 3 years. one and the same person may not be elected the chairperson or deputy chairperson of the constitutional chamber of the supreme court for two consecutive terms. the judges of the constitutional chamber of the supreme court may be subject to early dismissal from their posts by the jogorku kenesh by the majority of not less than two thirds of votes of the total number of the deputies of the jogorku kenesh upon submission of the president on the basis of proposal of the council of judges. the constitutional chamber of the supreme court: shall declare unconstitutional laws and other regulatory legal acts in the event that they contradict the constitution; shall conclude on the constitutionality of international treaties not entered into force and to which the kyrgyz republic is a party; shall conclude on the draft law on changes to the present constitution. everyone shall have the right to challenge the constitutionality of a law or another regulatory legal act in case he/she believes that these acts violate rights and freedoms recognized in the constitution. the ruling of the constitutional chamber of the supreme court shall be final and shall be not subject to appeal. in the event that the constitutional chamber of the supreme court determines unconstitutionality of laws or provisions thereof, such laws shall be repealed on the territory of the kyrgyz republic, the same applies to other regulatory legal acts based on such laws and provisions thereof declared unconstitutional with the exception of court rulings. court rulings based on provisions of laws declared unconstitutional, shall be revised by courts in each concrete case upon appeals of citizens whose rights and freedoms were affected. the composition and the procedures of formation of the constitutional chamber of the supreme court, election and dismissal of chairpersons, deputy chairpersons of the constitutional chamber as well as the procedure of administering constitutional justice shall be defined in the constitutional law. article 98 the state shall ensure funding and appropriate conditions for the functioning of courts and the activities of judges. the funding of courts shall be at the expense of the republican budget and should ensure the possibility of full and independent administration of justice. the budget of the judicial system shall be drawn up independently by the judiciary and shall be included in the republican budget upon agreement with the executive and legislative branches of power. article 99 the cases in all courts shall be heard in an open manner. the hearing of a case in closed session shall be permitted only in cases provided for in the law. the decision of the court shall be announced publicly. trial in absentia in criminal or other cases in courts shall not be permitted except in the cases provided for by the law. judicial proceedings shall be administered on the basis of the adversarial principle and equality of the parties. a judicial act may be annulled, changed or suspended by a court under the procedure established by law. the procedural rights of parties in the process including the right to appeal against decisions, verdicts and other judicial acts as well as the procedure for exercising those rights shall be defined by law. article 100 acts of courts of the kyrgyz republic which have entered into legal force shall be binding for all state authorities, local self governance bodies, legal entities, public associations, officials and private persons and shall be enforceable throughout the territory of the republic. failure to implement, improper implementation or hindering of implementation of judicial acts and also interference with the activities of courts shall incur liability established by the law. article 101 a court shall not have the right to apply a legal and regulatory act which is in contradiction with the present constitution. in the event that during examination of a case in any judicial instance, there arises a question concerning the constitutionality of the law or other legal and regulatory act on which ruling of the case shall be based, the court shall send an inquiry to the constitutional chamber of the supreme court. article 102 judicial self regulation shall be used to resolve internal issues concerning the activities of judges. the bodies of judicial self regulation in the kyrgyz republic shall be the congress of judges, the council of judges and the assembly of judges. the congress of judges shall be the superior body of judicial self regulation. the council of judges shall be the elected body of judicial self regulation which shall perform its functions between the congresses of judges, shall protect rights and legal interests of judges, shall oversee over the formulation and execution of the budgets of courts, organization of training and retraining of judges. the assembly of judges shall be the primary body of judicial self regulation. the organization and procedures of judicial self regulation bodies shall be defined in the law. article 103 justice shall be administered free of charge in cases provided for in the law as well as in all cases where the parties to judicial proceedings submit proof that they do not have sufficient means to conduct them. section vii. other state authorities article 104 the office of the prosecutor shall comprise a unified system with the following competencies: supervision over accurate and uniform implementation of laws by executive power agencies, other state institutions determined by constitutional law, local self-governance bodies as well as officials thereof; supervision over the observance of laws by agencies conducting retrieval and operative activity and investigation; supervision over the observance of laws in the execution of court rulings on criminal cases, as well as in the application of coercive measures related to the limitation of personal freedom of citizens; representation of the interests of citizens or the state in court in cases envisaged in the law; maintenance of the government case in court; initiation of criminal cases in respect of official of state authorities determined by constitutional law, with the referral of the case for investigation to relevant institutions as well as criminal prosecution of persons having military status. article 105 the national bank shall supervise over the banking system of the kyrgyz republic, determine and conduct monetary and credit policy in the kyrgyz republic, determine and implement unified exchange rate policy, possess the exclusive right to issue money and implement various forms and principles of bank funding. article 106 the central commission on election and referenda shall ensure preparation and conducting elections and referenda in the kyrgyz republic. article 107 the chamber of accounts shall conduct the audit of execution of republican and local budgets, off-budgetary funds as well as use of public and municipal property. article 108 the parliamentary oversight over the observance of human and civil rights and freedoms in the kyrgyz republic shall be performed by the ombudsman (akiykatchy). article 109 the organization and procedures of state authorities indicated in this section as well as guarantees of their independence shall be defined by laws. section viii. local self governance article 110 local self governance shall be the right guaranteed by the present constitution and a real possibility for local communities to independently resolve the matters of local significance in their own interests and under their responsibility. local self governance in the kyrgyz republic shall be performed by local communities on the territories of relevant administrative and territorial units. local self governance shall be implemented by local communities of citizens either directly or through local self governance bodies. the financing of local self governance is ensured from the relevant local as well as the republican budget. the formulation and execution of the local budgets shall be performed in compliance with the principles of transparency, public involvement and accountability of local self governance bodies towards the local community. article 111 the system of local self governance bodies is comprised of: local keneshes the representative bodies of local self governance; ayil okmotus and mayors' offices executive bodies of local self governance. executive bodies of local self governance and the officials thereof are accountable towards local keneshes in their activity. article 112 the deputies of local keneshes shall be elected by citizens resident on the territory of the corresponding administrative and territorial unit with the observance of equality of opportunities in accordance with the procedure established by the law. the heads of executive local self governance bodies shall be elected in accordance with the procedure established by the law. local keneshes shall, in accordance with the law: approve local budgets and oversee their execution; approve programs of social and economic development of a local community and social protection of the population; impose local taxes and dues as well as decide on preferences on them; decide upon other issues of local significance. article 113 state authorities shall have no right to interfere in the powers of local self governance envisaged in the law. local self governance bodies may be assigned state powers, with the transfer of the material, financial and other means necessary for their implementation. state powers may be delegated to local self-government bodies on the basis of law or agreement. local self-government bodies shall be accountable to state authorities in respect of delegated powers. local self-government bodies shall be responsible to the state and its agencies for the observance of laws and to the local community for the outcomes of their activities. the local self governance bodies shall have the right to appeal to court in relation to the violation of their rights. section ix. procedure of introducing changes to the present constitution article 114 the law on introducing changes to the present constitution may be adopted by referendum called by the jogorku kenesh. changes to the provisions of sections three, four, five, six, seven and eight of the present constitution may be adopted by the jogorku kenesh upon proposal of the majority of the total number of deputies or at the initiative of not less than 300 000 voters. the jogorku kenesh shall adopt the law on introduction of changes to the present constitution not later than 6 months after it was submitted for consideration of the jogorku kenesh. the law on introduction of changes to the present constitution shall be passed by the majority of not less than two thirds of the total number of deputies of the jogorku kenesh after conducting not less than three readings with 2 months' time interval between them. at the initiative of not less than two thirds of the total number of the deputies of the jogorku kenesh the law on introduction of changes to the present constitution may be submitted to the referendum. adoption of the law introducing changes to the present constitution shall be prohibited during a state of emergency or state of martial law. the adopted law on introducing changes to the present constitution shall be submitted to the president for signature. preamble we the people of the republic of liberia: acknowledging our devout gratitude to god for our existence as a free, sovereign and independent state, and relying on his divine guidance for our survival as a nation; realizing from many experiences during the course of our national existence which culminated in the revolution of april 12, 1980, when our constitution of july 26, 1847 was suspended, that all of our people, irrespective of history, tradition, creed, or ethnic background are of one common body politic; exercising our natural, inherent and inalienable rights to establish a framework of government for the purpose of promoting unity, liberty, peace, stability, equality, justice and human rights under the rule of law, with opportunities for political, social, moral, spiritual and cultural advancement of our society, for ourselves and for our posterity; and having resolved to live in harmony, to practice fraternal love, tolerance and understanding as a people and being fully mindful of our obligation to promote african unity and international peace and cooperation, do hereby solemnly make, establish, proclaim, and publish this constitution for the governance of the republic of liberia. chapter i. structure of the state article 1 all power is inherent in the people. all free governments are instituted by their authority and for their benefit and they have the right to alter and reform the same when their safety and happiness so require. in order to ensure democratic government which responds to the wishes of the governed, the people shall have the right at such period, and in such manner as provided for under this constitution, to cause their public servants to leave office and to fill vacancies by regular elections and appointments. article 2 this constitution is the supreme and fundamental law of liberia and its provisions shall have binding force and effect on all authorities and persons throughout the republic. any laws, treaties, statutes, decrees, customs and regulations found to be inconsistent with it shall, to the extent of the inconsistency, be void and of no legal effect. the supreme court, pursuant to its power of judicial review, is empowered to declare any inconsistent laws unconstitutional. article 3 liberia is a unitary sovereign state divided into counties for administrative purposes. the form of government is republican with three separate coordinate branches: the legislative, the executive and judiciary. consistent with the principles of separation of powers and checks and balances, no person holding office in one of these branches shall hold office in or exercise any of the powers assigned to either of the other two branches except as otherwise provided in this constitution; and no person holding office in one of the said branches shall serve on any autonomous public agency. chapter ii. general principles of national policy article 4 the principles contained in this chapter shall be fundamental in the governance of the republic and shall serve as guidelines in the formulation of legislative, executive and administrative directives, policy-making and their execution. article 5 the republic shall: aim at strengthening the national integration and unity of the people of liberia, regardless of ethnic, regional or other differences, into one body politic; and the legislature shall enact laws promoting national unification and the encouragement of all citizens to participate in government; preserve, protect and promote positive liberian culture, ensuring that traditional values which are compatible with public policy and national progress are adopted and developed as an integral part of the growing needs of the liberian society; take steps, by appropriate legislation and executive orders, to eliminate sectionalism and tribalism, and such abuses of power as the misuse of government resources, nepotism and all other corrupt practices. article 6 the republic shall, because of the vital role assigned to the individual citizen under this constitution for the social, economic and political well being of liberia, provide equal access to educational opportunities and facilities for all citizens to the extent of available resources. emphasis shall be placed on the mass education of the liberian people and the elimination of illiteracy. article 7 the republic shall, consistent with the principles of individual freedom and social justice enshrined in this constitution, manage the national economy and the natural resources of liberia in such manner as shall ensure the maximum feasible participation of liberian citizens under conditions of equality as to advance the general welfare of the liberian people and the economic development of liberia. article 8 the republic shall direct its policy towards ensuring for all citizens, without discrimination, opportunities for employment and livelihood under just and humane conditions, and towards promoting safety, health and welfare facilities in employment. article 9 the republic shall encourage the promotion of bilateral and regional cooperation between and among liberian and other nations and the formation and maintenance of regional organizations aimed at the cultural, social, political and economic development of the peoples of africa and other nations of the world. article 10 the republic shall ensure the publication and dissemination of this constitution throughout the republic and the teaching of its principles and provisions in all institutions of learning in liberia. chapter iii. fundamental rights article 11 all persons are born equally free and independent and have certain natural, inherent and inalienable rights, among which are the right of enjoying and defending life and liberty, of pursuing and maintaining and security of the person and of acquiring, possessing and protecting property, subject to such qualifications as provided for in this constitution. all persons, irrespective of ethnic background, race, sex, creed, place of origin or political opinion, are entitled to the fundamental rights and freedoms of the individual, subject to such qualifications as provided for in this constitution. all persons are equal before the law and are therefore entitled to the equal protection of the law. article 12 no person shall be held in slavery or forced labor within the republic, nor shall any citizen of liberia nor any person resident therein deal in slaves or subject any other person to forced labor, debt bondage or peonage; but labor reasonably required in consequence of a court sentence or order conforming to acceptable labor standards, service in the military, work or service which forms part of normal civil obligations or service exacted in cases of emergency or calamity threatening the life or well-being of the community shall not be deemed forced labor. article 13 every person lawfully within the republic shall have the right to move freely throughout liberia, to reside in any part thereof and to leave therefrom subject however to the safeguarding of public security, public order, public health or morals or the rights and freedoms of others. every liberian citizen shall have the right to leave and to enter liberia at any time. liberian citizens and non-liberian residents may be extradited to foreign country for prosecution of a criminal offense in accordance with the provisions of an extradition treaty or other reciprocal international agreements in force. non-liberian residents may be expelled from the republic of liberia for cause. article 14 all persons shall be entitled to freedom of thought, conscience and religion and no person shall be hindered in the enjoyment thereof except as may be required by law to protect public safety, order, health, or morals or the fundamental rights and freedoms of others. all persons who, in the practice of their religion, conduct themselves peaceably, not obstructing others and conforming to the standards set out herein, shall be entitled to the protection of the law. no religious denomination or sect shall have any exclusive privilege or preference over any other, but all shall be treated alike; and no religious tests shall be required for any civil or military office or for the exercise of any civil right. consistent with the principle of separation of religion and state, the republic shall establish no state religion. article 15 every person shall have the right to freedom of expression, being fully responsible for the abuse thereof. this right shall not be curtailed, restricted or enjoined by government save during an emergency declared in accordance with this constitution. the right encompasses the right to hold opinions without interference and the right to knowledge. it includes freedom of speech and of the press, academic freedom to receive and impart knowledge and information and the right of libraries to make such knowledge available. it includes non-interference with the use of the mail, telephone and telegraph. it likewise includes the right to remain silent. in pursuance of this right, there shall be no limitation on the public right to be informed about the government and its functionaries. access to state owned media shall not be denied because of any disagreement with or dislike of the ideas express. denial of such access may be challenged in a court of competent jurisdiction. this freedom may be limited only by judicial action in proceedings grounded in defamation or invasion of the rights of privacy and publicity or in the commercial aspect of expression in deception, false advertising and copyright infringement. article 16 no person shall be subjected to interference with his privacy of person, family, home or correspondence except by order of a court of competent jurisdiction. article 17 all persons, at all times, in an orderly and peaceable manner, shall have the right to assemble and consult upon the common good, to instruct their representatives, to petition the government or other functionaries for the redress of grievances and to associate fully with others or refuse to associate in political parties, trade unions and other organizations. article 18 all liberian citizens shall have equal opportunity for work and employment regardless of sex, creed, religion, ethnic background, place of origin or political affiliation, and all shall be entitled to equal pay for equal work. article 19 no person other than members of the armed forces of liberia or of the militia in active service shall be subject to military law, or made to suffer any pains or penalties by virtue of that law, or be tried by courts-martial. article 20 no person shall be deprived of life, liberty, security of the person, property, privilege or any other right except as the outcome of a hearing judgment consistent with the provisions laid down in this constitution and in accordance with due process of law. justice shall be done without sale, denial or delay; and in all cases not arising in courts not of record, under courts-martial and upon impeachment, the parties shall have the right to trial by jury. the right of an appeal from a judgment, decree, decision or ruling of any court or administrative board or agency, except the supreme court, shall be held inviolable. the legislature shall prescribe rules and procedures for the easy, expeditious and inexpensive filing and hearing of an appeal. article 21 no person shall be made subject to any law or punishment which was not in effect at the time of commission of an offense, nor shall the legislature enact any bill of attainder or ex post facto law. no person shall be subject to search or seizure of his person or property, whether on a criminal charge or for any other purpose, unless upon warrant lawfully issued upon probable cause supported by a solemn oath or affirmation, specifically identifying the person or place to be searched and stating the object of the search; provided, however, that a search or seizure shall be permissible without a search warrant where the arresting authorities act during the commission of a crime or in hot pursuit of a person who has committed a crime. every person suspected or accused of committing a crime shall immediately upon arrest be informed in detail of the charges, of the right to remain silent and of the fact that any statement made could be used against him in a court of law. such person shall be entitled to counsel at every stage of the investigation and shall have the right not to be interrogated except in the presence of counsel. any admission or other statements made by the accused in the absence of such counsel shall be deemed inadmissible as evidence in a court of law. d all accused persons shall be bailable upon their personal recognizance or by sufficient sureties, depending upon the gravity of the charge, unless charged for capital offenses or grave offenses as defined by law. excessive bail shall not be required, nor excessive fines imposed, nor excessive punishment inflicted. no person charged, arrested, restricted, detained or otherwise held in confinement shall be subject to torture or inhumane treatment; nor shall any person except military personnel, be kept or confined in any military facility; nor shall any person be seized and kept among convicted prisoners or treated as a convict, unless such person first shall have been convicted of a crime in court of competent jurisdiction. the legislature shall make it a criminal offense and provide for appropriate penalties against any police or security officer, prosecutor, administrator or any other public or security officer, prosecutor, administrator or any other public official acting in contravention of this provision; and any person so damaged by the conduct of any such public official shall have a civil remedy therefor, exclusive of any criminal penalties imposed. every person arrested or detained shall be formally charged and presented before a court of competent jurisdiction within forty-eight hours. should the court determine the existence of a prima facie case against the accused, it shall issue a formal writ of arrest setting out the charge or charges and shall provide for a speedy trial. there shall be no preventive detention. the right to the writ of habeas corpus, being essential to the protection of human rights, shall be guaranteed at all times, and any person arrested or detained and not presented to court within the period specified may in consequence exercise this right. no person shall be held to answer for a capital or infamous crime except in cases of impeachment, cases arising in the armed forces and petty offenses, unless upon indictment by grand jury; and in all such cases, the accused shall have the right to a speedy, public and impartial trial by a jury of the vicinity, unless such person shall, with appropriate understanding, expressly waive the right to a jury trial. in all criminal cases, the accused shall have the right to be represented by counsel of his choice, to confront witnesses against him and to have compulsory process for obtaining witnesses in his favor. he shall not be compelled to furnish evidence against himself and he shall be presumed innocent until the contrary is proved beyond a reasonable doubt. no person shall be subject to double jeopardy. the right to counsel and the rights of counsel shall be inviolable. there shall be no interference with the lawyer-client relationship. in all trials, hearings, interrogatories and other proceedings where a person is accused of a criminal offense, the accused shall have the right to counsel of his choice; and where the accused is unable to secure such representation, the republic shall make available legal aid services to ensure the protection of his rights. there shall be absolute immunity from any government sanctions or interference in the performance of legal services as a counselor or advocate; lawyers' offices and homes shall not be searched or papers examined or taken save pursuant to a search warrant and court order; and no lawyer shall be prevented from or punished for providing legal services, regardless of the charges against or the guilt of his client, no lawyer shall be barred from practice for political reasons. any person who, upon conviction of a criminal offense, was deprived of the enjoyment of his civil rights and liberties, shall have the same automatically restored upon serving the sentence and satisfying any other penalty imposed, or upon an executive pardon. article 22 every person shall have the right to own property alone as well as in association with others; provided that only liberian citizens shall have the right to own real property within the republic. private property rights, however, shall not extend to any mineral resources on or beneath any land or to any lands under the seas and waterways of the republic. all mineral resources in and under the seas and other waterways shall belong to the republic and be used by and for the entire republic. non-citizen missionary, educational and other benevolent institutions shall have the right to own property, as long as that property is used for the purposes for which acquired; property no longer so used shall escheat to the republic. the republic may, on the basis of reciprocity, convey to a foreign government property to be used perpetually for its diplomatic activities. this land shall not be transferred or otherwise conveyed to any other party or used for any other purpose, except upon the expressed permission of the government of liberia. all property so conveyed may escheat to the republic in the event of a cessation of diplomatic relations. article 23 the property which a person possesses at the time of marriage or which may afterwards be acquired as a result of one's own labors shall not be held for or otherwise applied to the liquidation of the debts or other obligations of the spouse, whether contracted before or after marriage; nor shall the property which by law is to be secured to a man or a woman be alienated or be controlled by that person's spouse save by free and voluntary consent. the legislature shall enact laws to govern the devolution of estates and establish rights of inheritance and descent for spouses of both statutory and customary marriages so as to give adequate protection to surviving spouses and children of such marriages. article 24 while the inviolability of private property shall be guaranteed by the republic, expropriation may be authorized for the security of the nation in the event of armed conflict or where the public health and safety are endangered or for any other public purposes, provided: that reasons for such expropriation are given; that there is prompt payment of just compensation; that such expropriation or the compensation offered may be challenged freely by the owner of the property in a court of law with no penalty for having brought such action; and that when property taken for public use ceases to be so used, the republic shall accord the former owner or those entitled to the property through such owner, the right of first refusal to reacquire the property. all real property held by a person whose certificate of naturalization has been cancelled shall escheat to the republic unless such person shall have a spouse and/or lineal heirs who are liberian citizens, in which case the real property shall be transferred to them in accordance with the intestacy law. the power of the legislature to provide punishment for treason or other crimes shall not include a deprivation or forfeiture of the right of inheritance, although its enjoyment by the convicted person shall be postponed during a term of imprisonment judicially imposed; provided that if the convicted person has minor children and a spouse, the spouse or next of kin in the order of priority shall administer the same. no punishment shall preclude the inheritance, enjoyment or forfeiture by others entitled thereto of any property which the convicted person at the time of conviction or subsequent thereto may have possessed. article 25 obligation of contract shall be guaranteed by the republic and no laws shall be passed which might impair this right. article 26 where any person or any association alleges that any of the rights granted under this constitution or any legislation or directives are constitutionally contravened, that person or association may invoke the privilege and benefit of court direction, order or writ, including a judgment of unconstitutionality; and anyone injured by an act of the government or any person acting under its authority, whether in property, contract, tort or otherwise, shall have the right to bring suit for appropriate redress. all such suits brought against the government shall originate in a claims court; appeals from judgment of the claims court shall lie directly to the supreme court. chapter iv. citizenship article 27 all persons who, on the coming into force of this constitution were lawfully citizens of liberia shall continue to be liberian citizens. in order to preserve, foster and maintain the positive liberian culture, values and character, only persons who are negroes or of negro descent shall qualify by birth or by naturalization to be citizens of liberia. the legislature shall, adhering to the above standard, prescribe such other qualification criteria for the procedures by which naturalization may be obtained. article 28 any person, at least one of whose parents was a citizen of liberia at the time of the person's birth, shall be a citizen of liberia; provided that any such person shall upon reaching maturity renounce any other citizenship acquired by virtue of one parent being a citizen of another country. no citizen of the republic shall be deprived of citizenship or nationality except as provided by law; and no person shall be denied the right to change citizenship or nationality. chapter v. the legislature article 29 the legislative power of the republic shall be vested in the legislature of liberia which shall consist of two separate houses: a senate and a house of representatives, both of which must pass on all legislation. the enacting style shall be: "it is enacted by the senate and house of representatives of the republic of liberia in legislature assembled." article 30 citizens of liberia who meet the following qualifications are eligible to become members of the legislature. for the senate, have attained the age of 30 years and for the house of representatives, have attained the age of 25 years; be domiciled in the country or constituency to be represented not less than one year prior to the time of the election and be a taxpayer. article 31 each member of the legislature, before taking his seat and entering upon the duties of office, shall take and subscribe to a solemn oath of affirmation, before the presiding officer of the house to which such person was elected and in the presence of other members of that house, to uphold and defend the constitution and laws of the republic and to discharge faithfully the duties of such office. article 32 the legislature shall assemble in regular session once a year on the second working monday in january. the president shall, on his own initiative or upon receipt of a certificate signed by at least one-fourth of the total membership of each house, and by proclamation, extend a regular session of the legislature beyond the date for adjournment or call a special extraordinary session of that body to discuss or act upon matters of national emergency and concern. when the extension or call is at the request of the legislature, the proclamation shall be issued not later than forty-eight hours after receipt of the certificate by the president. article 33 simple majority of each house shall constitute a quorum for the transaction of business, but a lower number may adjourn from day to day and compel the attendance of absent members. whenever the house of representatives and the senate shall meet in joint session, the presiding officer of the house of representatives shall preside. article 34 the legislature shall have the power: to create new counties and other political sub-division, and readjust existing county boundaries; to provide for the security of the republic; to provide for the common defense, to declare war and authorize the executive to conclude peace; to raise and support the armed forces of the republic, and to make appropriations therefor provided that no appropriation of money for that use shall be for a longer term than on year; and to make rules for the governance of the armed forces of the republic; to levy taxes, duties, imports, exercise and other revenues, to borrow money, issue currency, mint coins, and to make appropriations for the fiscal governance of the republic, subject to the following qualifications: all revenue bills, whether subsidies, charges, imports, duties or taxes, and other financial bills, shall originate in the house of representatives, but the senate may propose or concur with amendments as on other bills. no other financial charge shall be established, fixed, laid or levied on any individual, community or locality under any pretext whatsoever except by the expressed consent of the individual, community or locality. in all such cases, a true and correct account of funds collected shall be made to the community or locality; no monies shall be drawn from the treasure except in consequence of appropriations made by legislative enactment and upon warrant of the president; and no coin shall be minted or national currency issued except by the expressed authority of the legislature. an annual statement and account of the expenditure of all public monies shall be submitted by the office of the president to the legislature and published once a year; no loans shall be raised by the government on behalf of the republic or guarantees given for any public institutions or authority otherwise than by or under the authority of a legislative enactment; to constitute courts inferior to the supreme court, including circuit courts, claims courts and such courts with prescribed jurisdictional powers as may be deemed necessary for the proper administration of justice throughout the republic; to approve treaties, conventions and such other international agreements negotiated or signed on behalf of the republic; to regulate trade and commence between liberia and other nations; to establish laws for citizenship, naturalization and residence; to enact the election laws; to establish various categories of criminal offenses and provide for the punishment thereof; to enact laws providing pension scheme for various categories of government officials and employees in accordance with age and tenure of service; and to make other laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the republic, or in any department or officer thereof. article 35 each bill or resolution which shall have passed both houses of the legislature shall, before it becomes law, be laid before the president for his approval. if he grants approval, it shall become law. if the president does not approve such bill or resolution, he shall return it, with his objections, to the house in which it originated. in so doing, the president may disapprove of the entire bill or resolution or any item or items thereof. this veto may be overridden by the re-passage of such bill, resolution or item thereof by a veto of two-thirds of the members in each house, in which case it shall become law. if the president does not return the bill or resolution within twenty days after the same shall have been laid before him it shall become law in like manner as if he had signed it, unless the legislature by adjournment prevents its return. no bill or resolution shall embrace more than one subject which shall be expressed in its title. article 36 the senators and representatives shall receive from the republic remuneration for their services to be fixed by law, provided that any increase shall become effective at the beginning of the next fiscal year. article 37 in the event of a vacancy in the legislature caused by death, resignation, expulsion or otherwise, the presiding officer shall within 30 days notify the elections commission thereof. the elections commission shall not later than 90 days thereafter cause a by election to be held; provided that where such vacancy occurs within 90 days prior to the holding of general elections, the filling of the vacancy shall await the holding of such general elections. article 38 each house shall adopt its own rules of procedure, enforce order and with the concurrence of two-thirds of the entire membership, may expel a member for cause. each house shall establish its own committees and sub-committees; provided, however, that the committees on revenues and appropriations shall consist of one member from each county. all rules adopted by the legislature shall conform to the requirements of due process of law laid down in this constitution. article 39 the legislature shall cause a census of the republic to be undertaken every ten years. article 40 neither house shall adjourn for more than five days without the consent of the other and both houses shall always sit in the same city. article 41 the business of the legislature shall be concluded in the english language or, when adequate preparations shall have been made, in one more of the languages of the republic as the legislature may by resolution approve. article 42 no member of the senate or house of representatives shall be arrested, detained, prosecuted or tried as a result of opinions expressed or votes cast in the exercise of the functions of his office. members shall be privileged from arrest while attending, going to or returning from sessions of the legislature, except for treason, felony or breach of the peace. all official acts done or performed and all statement made in the chambers of the legislature shall be privileged, and no legislator shall be held accountable or punished therefor. article 43 the power to prepare a bill of impeachment is vested solely in the house of representatives, and the power to try all impeachments is vested solely in the senate. when the president, vice president or an associate justice is to be tried, the chief justice shall preside; when the chief justice or a judge of a subordinate court of record is to be tried, the president of the senate shall preside. no person shall be impeached but by the concurrence of two-thirds of the total membership of the senate. judgements in such cases shall not extend beyond removal from office and disqualification to hold public office in the republic; but the party may be tried at law for the same offense. the legislature shall prescribe the procedure for impeachment proceedings which shall be in conformity with the requirements of due process of law. article 44 contempt of the legislature shall consist of actions which obstruct the legislative functions or which obstruct or impede members or officers of the legislature in the discharge of their legislative duties and may be punished by the house concerned by reasonable sanctions after a hearing consistent with due process of law. no sanctions shall extend beyond the session of the legislature wherein it is imposed, and any sanction imposed shall conform to the provisions on fundamental rights laid down in the constitution. disputes between legislators and non-members which are properly cognizable in the courts shall not be entertained or heard in the legislature. article 45 the senate shall composed of senators elected for a term of nine years by the registered voters in each of the counties, but a senator elected in a by-election to fill a vacancy created by death, resignation, expulsion or otherwise, shall be so elected to serve only the remainder of the unexpired term of office. each county shall elect two senators and each senator shall have one vote in the senate. senators shall be eligible for re-election. article 46 immediately after the senate shall have assembled following the elections prior to the coming into force of this constitution, the senators shall be divided into two categories as a result of the votes cast in each county. the senator with the higher votes cast shall be the senator from a county shall be placed in the same category. the seats of senators of the first category shall be vacated at the expiration of the ninth year. in the interest of legislative continuity, the senators of the second category shall serve a first term of six years only, after the first elections. thereafter, all senators shall be elected to serve a term of nine years. article 47 the senate shall elect once every six years a president pro tempore who shall preside in the absence of the president of the senate, and such shall officers as shall ensure the proper functioning of the senate. the president pro tempore and other officers so elected may be removed from office for cause by resolution of a two-theirs majority of the members of the senate. article 48 the house of representatives shall be composed of members elected for a term of six years by the registered voters in each of the legislative constituencies of the counties, but a member of the house of representatives elected in a by-election to fill a vacancy created by death, resignation or otherwise, shall be elected to serve only the remainder of the unexpired term of the office. members of the house of representatives shall be eligible for re-election. article 49 the house of representative shall elect once every six years a speaker who shall be the presiding officer of that body, a deputy speaker, and such other officers as shall ensure the proper functioning of the house. the speaker, the deputy speaker and other officers so elected may be removed from office for cause by resolution of a two-thirds majority of the members of the house. chapter iv. the executive article 50 the executive power of the republic shall be vested in the president who shall be head of state, head of government and commander-in-chief of the armed forces of liberia. the president shall be elected by universal adult suffrage of registered voters in the republic and shall hold office for a term of six years commencing at noon on the third working monday in january of the year immediately following the elections. no person shall serve as president for more than two terms. article 51 there shall be a vice-president who shall assist the president in the discharge of his functions. the vice-president shall be elected on the same political ticket and shall serve the same term as the president. the vice-president shall be president of the senate and preside over its deliberations without the right to vote, except in the case of a tie vote. he shall attend meetings of the cabinet and other governmental meetings and shall perform such functions as the president shall delegate or deem appropriate; provided that no powers specifically vested in the president by the provisions of this constitution shall be delegated to the vice-president. article 52 no person shall be eligible to hold the office of president or vice-president, unless that person is: a natural born liberian citizen of not less than 35 years of age; the owner of unencumbered real property valued at not less than twenty-five thousand dollars; and resident in the republic ten years prior to his election, provided that the president and the vice-president shall not come from the same county. article 53 the president and the vice-president shall, before entering on the execution of the duties of their respective offices, take a solemn oath or affirmation to preserve, protect and defend the constitution and laws of the republic and faithfully execute the duties of the office. the oath or affirmation shall be administered in joint convention of both houses of the legislature by the chief justice or, in his absence, the most senior associate justice. in an emergency where the chief justice and the associate justice are not available, such oath or affirmation shall be administered by a judge of a subordinate court of record. article 54 the president shall nominate and, with the consent of the senate, appoint and commission-cabinet ministers, deputy and assistant cabinet ministers; ambassadors, ministers, consuls; and the chief justice and associate justice of the supreme court and judges of subordinate courts; superintendents, other county officials and officials of other political sub-divisions; members of the military from the rank of lieutenant of its equivalent and above; and marshals, deputy marshals, and sheriffs. article 55 the president shall appoint and commission notaries public and justices of the peace who shall hold office for a term of two years but may be removed by the president for cause. they shall be eligible for appointment. article 56 all cabinet ministers, deputy and assistant cabinet ministers, ambassadors, ministers and consuls, superintendents of counties and other government officials, both military and civilian, appointed by the president pursuant to this constitution shall hold their offices at the pleasure of the president. there shall be elections of paramount, clan and town chiefs by the registered voters in their respective localities, to serve for a term of six years. they may be re-elected and may be removed only by the president for proved misconduct. the legislature shall enact laws to provide for their qualifications as may be required. article 57 the president shall have the power to conduct the foreign affairs of the republic and in that connection he is empowered to conclude treaties, conventions and similar international agreements with the concurrence of a majority of each house of the legislature. article 58 the president shall, on the fourth working monday in january of each year, present the administration's legislative program for the ensuing session, and shall once a year report to the legislature on the state of the republic. in presenting the economic condition of the republic the report shall cover expenditure as well as income. article 59 the president may remit any public forfeitures and penalties suspend and fines and sentences, grant reprieves and pardons, and restore civil rights after conviction for all public offenses, except impeachment. article 60 the president and the vice-president shall receive salaries which shall be determined by the legislature and be paid by the republic. such salaries shall be subject to taxes as defined by law and shall neither be increased nor diminished during the period for which the president and the vice-president shall have elected. article 61 the president shall be immune from any suits, actions or proceedings, judicial or otherwise, and from arrest, detention or other actions on account of any act done by him while president of liberia pursuant to any provision of this constitution or any other laws of the republic. the president shall not, however, be immune from prosecution upon removal from office for the commission of any criminal act done while president. article 62 the president and the vice-president may be removed from office by impeachment for treason, bribery and other felonies, violation of the constitution or gross misconduct. article 63 whenever a person elected to the office of president dies or is otherwise incapacitated before being inaugurated into office, the vice--president elected shall succeed to the office of president, and this accession shall commence a term. whenever the office of the president shall become vacant by reason of death, resignation, impeachment, or the president shall be declared incapable of carrying out the duties and functions of his office, the vice-president shall succeed to the of the president to complete the unexpired term. in such a case, this not constitute a term. the legislature shall, no later than one year after the coming into force of this constitution, prescribe the guidelines and determine the procedure under which the president, by reason of illness, shall be declared incapable of carrying out the functions of his office. whenever the office of the vice-president becomes vacant by reason of death, resignation, impeachment, inability or otherwise, the president shall, without delay, nominate a candidate who, with the concurrence of both houses of the legislature, shall be sworn in and hold office as vice-president until the next general elections are held. whenever the vice-president elect dies, resigns, or is incapacitated before being inaugurated, the president elected on the same ticket with him, shall, after being inaugurated into office, nominate without delay a candidate who, with the concurrence of both houses of the legislature, shall be sworn in an hold office as vice-president until the next general elections are held. article 64 whenever the office of the president and of the vice-president shall become vacant by reason of removal, death, resignation, inability or other disability of the president and vice-president, the speaker of the house of representatives shall be sworn in as acting president until the holding of elections to fill the vacancies so created. should the speaker be legally incapable or otherwise unable to assume the office of acting president, then the same shall devolve in order upon the deputy speaker and members of the cabinet in the order of precedence as established by law. the elections commission shall within ninety days conduct elections for a new president and a new vice-president. chapter vii. the judiciary article 65 the judicial power of the republic shall be vested in a supreme court and such subordinate courts as the legislature may from time to time establish. the courts shall apply both statutory and customary laws in accordance with the standards enacted by the legislature. judgements of the supreme court shall be final and binding and shall not be subject to appeal or review by any other branch of government. nothing in this article shall prohibit administrative consideration of the justiciable matter prior to review by a court of competent jurisdiction. article 66 the supreme court shall be final arbiter of constitutional issues and shall exercise final appellate jurisdiction in all cases whether emanating from courts of record, courts not of record, administrative agencies, autonomous agencies or any other authority, both as to law and fact except cases involving ambassadors, ministers, or cases in which a country is a party. in all such cases, the supreme court shall exercise original jurisdiction. the legislature shall make no law nor create any exceptions as would deprive the supreme court of any of the powers granted herein. article 67 the supreme court shall comprise of one chief justice and four associate justice, a majority of whom shall be deemed competent to transact the business of the court. it a quorum is not obtained to enable the court to hear any case, a circuit judge in the order of seniority shall sit as an ad hoc justice of the supreme court. article 68 the chief justice and associate justice of the supreme court shall, with the consent of the senate, be appointed and commissioned by the president; provided that any person so appointed shall be: a citizen of liberia and of good moral character; and a counselor of the supreme court bar who has practiced for at least 5 years. article 69 the judges of subordinate courts of record shall, with the consent of the senate, be appointed and commissioned by the president, provided that any person so appointed shall be: a citizen of liberia and of good moral character; and an attorney-at-law whom has practiced for at least 3 years, or a counselor of the supreme court bar. article 70 the chief justice and the associate justices of the supreme court and all judges of subordinate courts shall, before assuming the functions of their office, subscribe to a solemn oath or affirmation to discharge faithfully and impartially the duties and functions of their office and to preserve, protect and defend the constitution and laws of the republic. the oath or affirmation shall be administered by the president or his designee. article 71 the chief justice and associates justices of the supreme court and the judges of subordinate courts of record shall hold office during good behavior. they may be removed upon impeachment and conviction by the legislature based on proved misconduct, gross breach of duty, inability to perform the functions of their office, or conviction in a court of law for treason, bribery or other infamous crimes. article 72 the justices of the supreme court and all other judges shall receive such salaries, allowances and benefits as shall be established by law. such salaries shall be subject to taxes as defined by law, provided that they shall not otherwise be diminished. allowances and benefits paid to justices of the supreme court and judges of subordinate courts may by law be increased but may not be diminished except under a national program enacted by the legislature; nor shall such allowance and benefits be subject to taxation. the chief justice and the associate justices of the supreme court and judges of subordinate courts of record shall be retired at the age of seventy; provided, however, that a justice of judge who has attained that age may continue in office for as long as may be necessary to enable him to render judgement or perform any other judicial duty in regard to proceedings entertained by him before the attained that age. article 73 no judicial official shall be summoned, arrested, detained, prosecuted or tried civilly or criminally by or at the instance of any person or authority on account of judicial opinions rendered or expressed, judicial statements made and judicial acts done in the course of a trial in open court or in chambers, except for treason or other felonies, misdemeanor or breach of the peace. statements made and acts done by such officials in the course of a judicial proceeding shall be privileged, and, subject to the above qualification, no such statement made or acts done shall be admissible into evidence against them at any trial or proceeding. article 74 in all matters of contempt of court, whether in the supreme court or in other courts, the penalties to be imposed shall be fixed by the legislature and shall conform to the provision on fundamental rights laid down in this constitution. article 75 the supreme court shall from time to time make rules of court for the purpose of regulating the practice, procedures and manner by which cases shall be commenced and heard before it and all other subordinate courts. it shall prescribe such code of conduct for lawyers appearing before it and all other subordinate courts as may be necessary to facilitate the proper discharge of the court's functions. such rules and code, however, shall not contravene any statutory provisions or any provisions of this constitution. article 76 treason against the republic shall consist of: levying war against the republic; aligning oneself with or aiding and abetting another nation or people with whom liberia is at war or in a state of war; acts of espionage for an enemy state; attempting by overt act to overthrow the government, rebellion against the republic, insurrection and mutiny; and abrogating or attempting to abrogate, subverting or attempting or conspiring to subvert the constitution by use of force or show of force or any other means which attempts to undermine this constitution. the legislature shall have the power to declare the punishment for treason; provided, however, that such punishment shall not include a deprivation or forfeiture of the right of inheritance by the convicted person of any property although he may not be entitled to enjoyment thereof for as long as he continues to serve the term of imprisonment imposed after conviction in a court of competent jurisdiction. the right to enjoyment of any property inherited or otherwise conveyed to or acquired by such convicted person shall be automatically restored upon serving the term of imprisonment or other punishment, or upon an executive pardon by the president. no punishment shall preclude the inheritance and enjoyment, or cause the forfeiture by others entitled thereto, of any property which the convicted person at the time of any conviction or subsequent thereto may have possessed or been seized. chapter viii. political parties and elections article 77 since the essence of democracy is free competition of ideas expressed by political parties and political groups as well as by individuals, parties may freely be established to advocate the political opinions of the people. laws, regulations, decrees or measures which might have the effect of creating a one-party state shall be declared unconstitutional. all elections shall be by secret ballot as may be determined by the elections commission, and every liberian citizen not less than 18 years of age, shall have the right to be registered as a voter and to vote in public elections and referenda under this constitution. the legislature shall enact laws indicating the category of liberians who shall not form or become members of political parties. article 78 as used in this chapter, unless the context otherwise requires, an "association" means a body of persons, corporate or other, which acts together for a common purpose, and includes a group of people organized for any ethnic, social, cultural, occupational or religious objectives; a "political party" shall be an association with a membership of not less than five hundred qualified voters in each of at least six counties, whose activities include canvassing for votes on any public issue or in support of a candidate for elective public office; and an "independent candidate" shall be a person seeking electoral post or office with or without his own organization, acting independently of a political party. article 79 no association, by whatever name called, shall function as a political party, nor shall any citizen be an independent candidate for election to public office, unless: the association or independent candidate and his organization meet the minimum registration requirements laid down by the elections commission and are registered with it. registration requirements shall include filing with the elections commission a copy of the constitution of the association and guidelines of the independent candidate and his organization, a detailed statement of the names and addresses of the association and its officers or of the independent candidate and the officers of his organization, and fulfillment of the provision of sub-sections (b), (c), (d) and (e) hereof. registration by the elections commission of any association or independent candidate and his organization shall vest in the entity or candidate and his organization so registered legal personality, with the capacity to own property, real, personal or mixed, to sue and be sued and to hold accounts. a denial of registration or failure by the elections commission to register any applicant may be challenged by the applicant in the supreme court; the membership of the association or the independent candidate's organization is open to every citizen of liberia, irrespective of sex, religion or ethnic background, except as otherwise provided in this constitution. the headquarters of the association or independent candidate and his organization is situated: in the capital of the republic where an association is involved or where an independent candidate seeks election to the office of president or vicepresident; in the headquarters of the county where an independent candidate seeks election as a senator; and in the electoral center in the constituency where the candidate seeks election as a member of the house of representatives or to any other public office; the name, objective, emblem or motto of the association or of the independent candidate and his organization is free from any religious connotations or divisive ethnic implications and that the activities of the association or independent candidate are not limited to a special group or, in the case of an association, limited to a particular geographic area of liberia; the constitution and rules of the political party shall conform to the provisions of this constitution, provide for the democratic elections of officers and/or governing body at least once every six years, and ensure the election of officers from as many of the regions and ethnic groupings in the country as possible. all amendments to the constitution or rules of a political party shall be registered with the elections commission no later than ten days from the effective dates of such amendments. article 80 parties or organizations which, by reason of their aims or the behavior of their adherents, seek to impair or abolish the free democratic society of liberia or to endanger the existence of the republic shall be denied registration. parties or organization which retain, organize, train or equip any person or group of persons for the use or display of physical force or coercion in promoting any political objective or interest, trained or equipped, shall be denied registration, or if registered, shall have their registration revoked. every liberian citizen shall have the right to be registered in a constituency, and to vote in public elections only in the constituency where registered, either in person or by absentee ballot; provided that such citizen shall have the right to change his voting constituency as may be prescribed by the legislature. each constituency shall have an approximately equal population of 20,000, or such number of citizens as the legislature shall prescribe in keeping with population growth and movements as revealed by a national census; provided that the total number of electoral constituencies in the republic shall not exceed one hundred. immediately following a national census and before the next election, the elections commission shall reapportion the constituencies in accordance with the new population figures so that every constituency shall have as close to the same population as possible; provided, however, that a constituency must be solely within a county. article 81 any citizen, political party, organization, or association, being resident in liberia, of liberian nationality or origin and not otherwise disqualified under the provisions of this constitution and laws of the land, shall have the right to canvass for the votes for any political party or candidate at any election, provided that corporate and business organizations and labor unions are excluded from so canvassing directly or indirectly in whatsoever form. article 82 any citizen or citizens, political party association or organization, being of liberian nationality or origin, shall have the right to contribute to the funds or election expenses of any political party or candidate; provided that corporate and business organizations and labor unions shall be excluded from making and contribution to the funds or expenses of any political party. the legislature shall by law prescribe the guidelines under which such contributions may be made and the maximum amount which may be contributed. no political party or organization may hold or possess any funds or other assets outside of liberia; nor may they or any independent candidates retain any funds or assets remitted or sent to them from outside liberia unless remitted or sent by liberian citizens residing abroad. any funds or other assets received directly or indirectly in contravention of this restriction shall be paid over or transferred to the elections commission within twenty-one days of receipt. information on all funds received from abroad shall be filed promptly with the elections commission. the elections commission shall have the power to examine into and order certified audits of the financial transactions of political parties and independent candidates and their organizations. the commission shall prescribe the kinds of records to be kept and the manner in which they shall be conducted by a certified chartered public accountant, not a member of any political party. article 83 voting for the president, vice-president, members of the senate and members of the house of representatives shall be conducted throughout the republic on the second tuesday in october of each election year. all elections of public officers shall be determined by an absolute majority of the votes cast. if no candidate obtains an absolute majority in the first ballot, a second ballot shall be conducted on the second tuesday following. the two candidates who received the greatest numbers of votes on the first ballot shall be designated to participate in the run off election. the returns of the elections shall be declared by the elections commission not later than fifteen days after the casting of ballots. any party or candidate who complains about the manner in which the elections were conducted or who challenges the results thereof shall have the right to file a complaint with the elections commission. such complaint must be filed not later than seven days after the announcement of the results of the elections. the elections commission shall, within thirty days of receipt of the complaint, conduct an impartial investigation and render a decision which may involve a dismissal of the complaint or a nullification of the election of a candidate. any political party or independent candidate affected by such decision shall not later than seven days appeal against it to the supreme court. the elections commission shall within seven days of receipt of the notice of appeal, forward all the records in the case to the supreme court, which not later than seven days thereafter, shall hear and make its determination. if the supreme court nullifies or sustains the nullification of the election of any candidate, for whatever reasons, the elections commission shall within sixty days of the decision of the court conduct new elections to fill the vacancy. if the court sustains the election of a candidate, the elections commission shall act to effectuate the mandate of the court. every political party shall, on september 1 of each year, and every candidate of such political party and every independent candidate shall, not later than thirty days prior to the holding of an election in which he is a candidate, publish and submit to the elections commission detailed statements of assets and liabilities. these shall include the enumeration of sources of funds and other assets, plus lists of expenditures. where the filing of such statements is made in an election year, every political party and independent candidate shall be required to file with the elections commissions additional detailed supplementary statements of all funds received and expenditures made by them from the date of filing of the original statements to the date of the elections. any political party or independent candidate who ceases to function shall publish and submit a final financial statement to the elections commission. article 84 the legislature shall by law provide penalties for any violations of the relevant provisions of this chapter, and shall enact laws and regulations in furtherance thereof not later than 1986; provided that such penalties, laws or regulations shall not be inconsistent with any provisions of this constitution. chapter ix. emergency powers article 85 the president, as commander-in-chief of the armed forces, may order any portion of the armed forces into a state of combat readiness in defense of the republic, before or after the declaration of a state of emergency, as may be warranted by the situation. all military power or authority shall at all times, however, be held in subordination to the civil authority and the constitution. article 86 the president may, in consultation with the speaker of the house of representatives and the president pro tempore of the senate, proclaim and declare and the existence of a state of emergency in the republic or any part thereof. acting pursuant thereto, the president may suspend or affect certain rights, freedoms and guarantees contained in this constitution and exercise such other emergency powers as may be necessary and appropriate to take care of the emergency, subject, however, to the limitations contained in this chapter. a state of emergency may be declared only where there is a threat or outbreak of war or where there is civil unrest affecting the existence, security or well-being of the republic amounting to a clear and present danger. article 87 emergency powers do not include the power to suspend or abrogate the constitution, dissolve the legislature, or suspend or dismiss the judiciary; and no constitutionals amendment shall be promulgated during a state of emergency. where the legislature is not in session, it must be convened immediately in special session and remain in session during the entire period of the state of emergency. the writ of habeas corpus shall remain available and exercisable at all times and shall not be suspended on account of any state of emergency. it shall be enjoyed in the most free, easy, inexpensive, expeditious and ample manner. any person who suffers from a violation of this right may challenge such violation in a court of competent jurisdiction. article 88 the president shall, immediately upon the declaration of a state of emergency, but not later than seven days thereafter, lay before the legislature at its regular session or at a specially convened session, the facts and circumstances leading to such declaration. the legislature shall within seventy-two hours, by joint resolution voted by two-thirds of the membership of each house, decide whether the proclamation of a state of emergency is justified or whether the measures taken thereunder are appropriate. if the two-thirds vote is not obtained, the emergency automatically shall be revoked. where the legislature shall deem it necessary to revoked the state of emergency or to modify the measures taken thereunder, the president shall act accordingly and immediately carry out the decisions of the legislature. chapter x. autonomous public commissions article 89 the following autonomous public commissions are hereby established: civil service commission; elections commission; and general auditing commission. the legislature shall enact laws for the governance of these commissions and create other agencies as may be necessary for the effective operation of government. chapter xi. miscellaneous article 90 no person, whether elected or appointed to any public office, shall engage in any other activity which shall be against public policy, or constitute conflict of interest. no person holding office shall demand and receive any other perquisites, emoluments or benefits, directly or indirectly, on account of any duty required by government. the legislature shall, in pursuance of the above provision, prescribe a code of conduct for all public officials and employees, stipulating the acts which constitute conflict of interest or are against public policy, and the penalties for violation thereof. chapter xii. amendments article 91 this constitution may be amended whenever a proposal by either (1) two-thirds of the membership of both houses of the legislature or (2) a petition submitted to the legislature, by not fewer than 10,000 citizens which receives the concurrence of two thirds of the membership of both houses of the legislature, is ratified by two-thirds of the registered voters, voting in a referendum conducted by the elections commission not sooner than one year after the action of the legislature. article 92 proposed constitutional amendments shall be accompanied by statements setting forth the reasons therefor and shall be published in the official gazette and made known to the people through the information services of the republic. if more than one proposed amendment is to be voted upon in a referendum they shall be submitted in such manner that the people may vote for or against them separately. article 93 the limitation of the presidential term of office to two terms, each of six years duration, may be subject to amendment; provided that the amendment shall not become effective during the term of office of the encumbent president. chapter xiii. transitional provisions article 94 notwithstanding anything to the contrary in this constitution, any person duly elected to any office provided for under this constitution and under the laws in force immediately before the coming into force of this constitution shall be deemed to have been duly elected for the purpose of this constitution and to have assumed the position so occupied on the date of coming into existence of this constitution. notwithstanding anything to the contrary in this constitution, elections for the president, vice-president and members of the legislature, prior to the coming into force of this constitution, shall be held on the 3rd tuesday in january 1985. the person so elected president of liberia shall be inaugurated on the 12th day of april 1985. the president, vice-president and members of the legislature who are elected for the first term prior to the coming into force of this constitution, shall serve their respective terms less approximately three months. this constitution shall come into force simultaneously with that inauguration. notwithstanding anything to the contrary in this constitution, the people's redemption council shall by decree convene a session of the newly elected legislature before the 12th day of april 1985, to enable the senate and house of representatives to organize and elect their officers. such elections shall b3e conducted in accordance with the rules and procedures laid down by the legislature under the suspended constitution until changed by the new legislature. any person who, under the laws extant immediately before the coming into force of this constitution, held an appointment or was acting in an office shall be deemed to have been appointed, as far as it is consistent with the provisions of this constitution, to hold or to act in the equivalent office under this constitution until appointments otherwise provided for under this constitution shall have been made. article 95 the constitution of the republic of liberia which came into force on the 26th day of july 1847, and which was suspended on the 12th day of april 1980, is hereby abrogated. notwithstanding this abrogation, however, any enactment or rule of law in existence immediately before the coming into force of this constitution, whether derived from the abrogated constitution or from any other source shall, in so far as it is not inconsistent with any provision of this constitution, continue in force as if enacted, issued or made under the authority of this constitution. all treaties, executive and other international agreements and obligations concluded by the government of the people's redemption council or prior governments in the name of the republic prior to the coming into force of this constitution shall continue to be valid and binding on the republic unless abrogated or cancelled or unless otherwise inconsistent with this constitution. all foreign and domestic debts or other loans and obligations contracted by the government of the people's redemption council or prior governments or any agency or other authority in the name of the republic of liberia prior to the coming into existence of this constitution, shall continue to be binding on the enforceable by the republic of liberia. article 96 notwithstanding anything to the contrary in this constitution: the people's supreme court of liberia and all subordinate courts operating prior to the effective date of this constitution shall continue to so operate, and the chief justice, associate justices of the people's supreme court and judges of subordinate courts holding appointments in such courts shall continue to hold such appointments after the coming into existence of this constitution until their successors are appointed and qualified; provided, however, that all judges of subordinate courts shall remain and preside in their respective resident circuits pending the reconstruction of the supreme court. the appointment by the president, with the consent of the senate, of the chief justice and associate justices of the supreme court and judges of subordinate courts, shall be made as soon as possible after the coming into force of this constitution. the chief justice and associate justices of the people's supreme court and judges of subordinate courts holding office prior thereto, unless reappointed, shall cease to hold office and their function shall automatically devolve upon the newly appointed chief justice, associate justices of the supreme court and judges of subordinate courts, respectively. where any legal or administrative proceeding has been commenced, or a person seeks action by any authority or one acting under the authority of the government, that matter may be carried on and completed by the person or authority having power or by his successor-in-office; and it shall not be necessary for any such proceeding to be commenced de novo. any act completed by any person or authority having power under the existing law shall not be made the subject of review or commenced anew by anyone assuming the authority of that office after the coming into force of this constitution. article 97 no executive, legislative, judicial or administrative action taken by the people's redemption council or by any persons, whether military or civilian, in the name of that council pursuant to any of its decrees shall be questioned in any proceedings whatsoever; and, accordingly, it shall not be lawful for any court or other tribunal to make any order or grant any remedy or relief in respect or any such act. no court or other tribunal shall entertain any action whatsoever instituted against the government of liberia, whether before or after the coming into force of this constitution or against any person or persons who assisted in any manner whatsoever in bringing about the change of government of liberia on the 12th day of april, 1980, in respect of any act or commission relating to or consequent upon: the overthrow of the government in power in liberia before the establishment of the government of the people's redemption council; the suspension of the constitution of liberia of july 26, 1847; the establishment, functioning and other organs established by the people's redemption council; the imposition of any penalties, including the death penalty, or the confiscation of any property by or under the authority of the people's redemption council under a decree made by the council in pursuance of but not limited to the measures undertaken by the council to punish persons guilty of crimes and malpractices to the detriment of the liberian nation, the people, the economy, or the public interest; and the establishment of this constitution. preamble trusting in the omnipotence of allah, the mauritanian people proclaim their will to guarantee the integrity of its territory, its independence, and its national unity and to assume its free political, economic and social evolution. strong from its spiritual values and from the radiation of its civilization, it also proclaims, solemnly, its attachment to islam and to the principles of democracy as they have been defined by the universal declaration of the rights of man of 10 december 1948 and by the african charter of the rights of man and of peoples of 28 june 1981 as well as in the other international conventions to which mauritania has subscribed. considering that the liberty, the equality, and the dignity of man cannot be assured except in a society which consecrates the primacy of law, concerned by creating durable conditions for a harmonious social evolution, respectful of the precepts of islam, sole source of law and open to the exigencies of the modern world, the mauritanian people proclaim, in particular, the intangible guarantee of the following rights and principles: the right to equality; the fundamental freedoms and rights of the human person; the right of property; the political freedoms and the trade union [syndicales] freedoms; the economic and social rights; the rights attached to the family, basic unit of the islamic society. united throughout history, by shared moral and spiritual values and aspiring to a common future, the mauritanian people recognize and proclaim their cultural diversity, base of national unity and of social cohesion, and its corollary, the right to be different [à la difference]. the arabic language, official language of the country and the other national languages, the poular, the soninké and the wolof, constitute, each in itself, a national common patrimony to all mauritanians that the state must, in the name of all, preserve and promote. conscious of the necessity of strengthening the ties with [their] brother peoples, the mauritanian people, muslim people, arab and african, proclaim that they will work for the realization of the unity of the grand maghreb, of the arab nation and of africa and for the consolidation of peace in the world. title i. general provisions and fundamental principles article 1 mauritania is an islamic, indivisible, democratic, and social republic. the republic assures to all citizens without distinction of origin, of race, of sex, or of social condition, equality before the law. all particularist propaganda of racial or ethnic character is punished by the law. article 2 the people are the source of all power. the national sovereignty belongs to the people who exercise it through their elected representatives and by way [voie] of referendum. no fraction of the people or any individual may arrogate its exercise. political power is acquired, is exercised and is transmitted, within the framework of peaceful alternation, in accordance with the provisions of this constitution. the coups d’état and other forms of unconstitutional changes of power are considered as imprescriptible crimes whose authors or accomplices, physical or juridical persons [personnes physiques ou morales], are punished by the law. nevertheless, these acts, when they were committed before the date of entry into force of this constitutional law will not give rise to prosecution. no partial or total abandonment of sovereignty may be decided without the consent of the people. article 3 the suffrage can be direct or indirect, in the conditions specified by the law. it is always universal, equal, and secret. all the citizens of the republic, of majority of both sexes, enjoying their civil and political rights, are electors. the law favors the equal access of women and of men to the electoral mandate and elective functions. article 4 the law is the supreme expression of the will of the people. all are required to submit to it. article 5 islam is the religion of the people and of the state. article 6 the national languages are: arabic, poular, soninke, and wolof. the official language is arabic. article 7 the capital of the state is nouakchott. article 8 the national emblem is a flag with a crescent and a gold star on a green field. the seal of the state and the national anthem are established by the law. article 9 the motto of the republic is: honneur – fraternité – justice [honor – fraternity – justice]. article 10 the state guarantees to all citizens the public and individual freedoms, notably: the freedom to circulate and to establish themselves in all parts of the territory of the republic; the freedom to enter and to exit the national territory; the freedom of opinion and of thought; the freedom of expression; the freedom of assembly; the freedom of association and the freedom to adhere to any political or syndical organization of their choice; the freedom of commerce and of industry; the freedom of intellectual, artistic, and scientific creation; liberty cannot be limited except by the law. article 11 the political parties and groups concur in the formation and to the expression of the political will. they are formed and they exercise their activities freely under the condition of respecting the democratic principles and of not infringing, by their object or by their action[,] the national sovereignty, the territorial integrity, and the unity of the nation and of the republic. the law establishes the conditions of creation, of functioning, and of dissolution of the political parties. article 12 all citizens may accede to public functions and employments, without other conditions than those established by the law. article 13 no one shall be reduced to slavery or to any form of servitude [asservissement] of the human being, or submitted to torture and other cruel, inhuman or degrading treatments. these practices constitute crimes against humanity and are punished as such by the law. all persons are presumed innocent until the establishment of their culpability by a regularly constituted jurisdiction. no one can be prosecuted, arrested, detained or punished except in the cases determined by the law and according to the forms that it prescribes. the honor and the private life of the citizen, the inviolability of the human person, of his domicile and of his correspondence are guaranteed by the state. article 14 the right to strike is recognized. it is exercised within the framework of the laws that regulate it. the strike may be forbidden by the law for all public services or activities of vital interest to the nation. it is forbidden in the domains of defense and of national security. article 15 the right of property is guaranteed. the right of inheritance is guaranteed. the waghf assets and foundations are recognized: their allocation [destination] is protected by the law. the law can limit the extent of the exercise of private property if the exigencies of economic and social development necessitate it. expropriation can only proceed when public utility commands it and after a just and prior indemnity. the law establishes the juridical regime for expropriation. article 16 the state and the society protect the family. article 17 no one is supposed to ignore the law. article 18 every citizen has the duty of protecting and of safeguarding the independence of the country, its sovereignty and the integrity of its territory. treason, espionage, joining [passage] the enemy as well as all the infractions committed with prejudice to the security of the state, are repressed [réprimés] with all the rigor of the law. article 19 every citizen must loyally fulfill his obligations towards the national collectivity and respect public property and private property. the citizens enjoy the same rights and the same duties vis-à-vis the nation. they participate equally in the construction [edification] of the fatherland and have right, under the same conditions, to sustainable development and to an environment balanced and respectful of health. article 20 the citizens are equal concerning the taxes. each must participate in the public charges as a function of their contributive capacity. no tax can be instituted except by virtue of a law. article 21 every alien who resides legally on the national territory enjoys, for his person and his assets, the protection of the law. article 22 no one can be extradited except by virtue of the laws and conventions of extradition. title ii. of the executive power article 23 the president of the republic is the head of the state. he is of muslim religion. article 24 the president of the republic is the guardian of the constitution. he incarnates the state. he assures, through his arbitration, the continuous and regular functioning of the public powers. he is the guarantor of the national independence and of the integrity of the territory. article 25 the president of the republic exercises the executive power. he presides over the council of ministers. article 26 the president of the republic is elected for five years by universal direct suffrage. he is elected with the absolute majority of the suffrage expressed. if this is not obtained in the first round of the ballot by one of the candidates, it proceeds to a second round two weeks later. only the two candidates who, remaining in competition, received the greatest number of votes in the first round, may present themselves. every citizen born mauritanian enjoying their civil and political rights and at least forty (40) years old, and at most seventy five (75) years old, at the date of the first round of the election[,] is eligible to the presidency of the republic. the ballot is opened at the convocation of the president of the republic. the election of the new president of the republic takes place thirty (30) days at least and forty five (45) days at most before the expiration of the mandate of the president in office. the conditions and forms of acceptance of the candidature as well as the rules related to the death or the impediment of the candidates to the presidency of the republic are determined by an organic law. the dossiers of the candidatures are received by the constitutional council which rules on their regularity and proclaims the results of the ballot. article 27 the mandate of president of the republic is incompatible with the exercise of any public or private function and with belonging to the directive instances of a political party. article 28 the president of the republic is re-eligible one sole time. article 29 the president of the republic newly elected enters his functions at the expiration of the mandate of his predecessor. before entering into [his] function, the president of the republic takes an oath in these terms: "i swear by allah the unique to well and faithfully perform my functions, respecting the constitution and the laws, to watch over the interest of the mauritanian people, to safeguard the independence and the sovereignty of the country, the unity of the fatherland and the integrity of the national territory. i swear by allah the unique, not to take or support at all, directly or indirectly, an initiative that could lead to the revision of constitutional provisions related to the duration of the presidential mandate and to the regime of its renewal, specified in articles 26 and 28 of this constitution.” the oath is taken before the constitutional council, in the presence of the bureau of the national assembly, of the bureau of the senate, of the president of the supreme court and of the president of the high islamic council. article 30 the president of the republic determines and conducts the foreign policy of the nation, as well as its policy of defense and of security. he appoints the prime minister and terminates his functions. on proposal of the prime minister, he appoints the ministers to whom he may delegate[,] by decree[,] certain of his powers. the prime minister [being] consulted, he terminates their functions. the prime minister and the ministers are responsible before [devant] the president of the republic. the president of the republic communicates with the parliament through messages. these messages do not lead to any debate. article 31 the president of the republic can, after consultation with the prime minister and the presidents of the assemblies, pronounce the dissolution of the national assembly. the general elections take place at least thirty (30) days and at most sixty (60) days after the dissolution. the national assembly meets of plain right fifteen (15) days after its election. if this meeting takes place outside of the periods specified for the ordinary sessions, a session is opened of right for a duration of fifteen (15) days. a new dissolution cannot proceed during the twelve (12) months following these elections. article 32 the president of the republic promulgates the laws within the time established in article 70 of this constitution. he exercises [dispose] the regulatory power, and can delegate all or part of it to the prime minister. he appoints to the civil and military offices. article 33 the decrees of a regulatory character are countersigned, the case arising, by the prime minister and the ministers charged with their execution. article 34 the president of the republic is the supreme head of the armed forces. he presides over the superior councils and committees of the national defense. article 35 the president of the republic accredits the ambassadors and the extraordinary envoys to foreign powers. the ambassadors and extraordinary envoys are accredited to him. article 36 the president of the republic signs and ratifies the treaties. article 37 the president of the republic exercises [dispose] the right of pardon and of the right to remit or to commute a sentence. article 38 the president of the republic can, on any question of national importance, refer the people to [a matter] by way of referendum. article 39 when an imminent peril menaces the institutions of the republic, the security or the independence of the nation or the integrity of its territory, and when the regular functioning of the constitutional powers is impeded, the president of the republic takes the measures required by these circumstances after official consultation of the prime minister, of the presidents of the assemblies as well as of the constitutional council. he informs the nation of it by a message. these measures, inspired by the will to assure, in the shortest time, the reestablishment of the continuous and regular functioning of the public powers, cease to have effect in the same form as soon as the circumstances that have engendered them will have come to an end. the parliament meets of plain right. the national assembly cannot be dissolved during the exercise of the exceptional powers. article 40 in the case of vacancy or of an impediment declared definitive by the constitutional council, the president of the senate assures the interim of the president of the republic for the managing [expédition] of the current affairs. the prime minister and the members of the government, considered as having resigned, assure the managing of the current affairs. the interim president cannot terminate their functions. he cannot refer the people to [a matter] by way of referendum nor dissolve the national assembly. the election of the new president of the republic takes place, except [in the] case of force majeure, declared by the constitutional council, within the three (3) months following the declaration of the vacancy or of the definitive impediment. during the interim period, no constitutional modifications can intervene either by the way [of] referendum or by the parliamentary [way]. article 41 the constitutional council, in order to declare the vacancy or the definitive impediment, is referred to [the matter] by either: the president of the republic; the president of the national assembly; the prime minister. article 42 the prime minister defines, under the authority of the president of the republic, the policy of the government. one month at the latest after the appointment of the government, the prime minister presents his program before the national assembly and engages the responsibility of the government on this program in the conditions specified in articles 74 and 75. the prime minister allocates the tasks among the ministers. he directs and coordinates the action of the government. article 43 the government sees to the implementation [mise en oevre] of the general policy of the state in accordance with the orientations and with the options established by the president of the republic. it provides for [dispose] the administration and of the armed force. it sees to the publication and the execution of the laws and regulations. it is responsible before the parliament in the conditions and following the procedures specified in articles 74 and 75 of this constitution. article 44 the functions of the members of the government are incompatible with the exercise of any parliamentary mandate, with any function of professional representation of a national character, with any professional activity, and in a general manner with any public or private employment. an organic law establishes the conditions in which the replacement of the titular of such mandates, functions, or employments [emplois] is provided for. the replacement of the members of parliament takes place according to the provisions of article 48 of this constitution. title iii. of the legislative power article 45 the legislative power belongs to the parliament. article 46 the parliament is composed of two (2) representative assemblies: the national assembly and the senate. article 47 the deputies to the national assembly are elected for five (5) years by direct suffrage. the senators are elected for six (6) years by indirect suffrage. they assure the representation of the territorial collectivities of the republic. the mauritanians resident abroad are represented in the senate. the senators are renewed by thirds (1/3) every two (2) years. all mauritanian citizens enjoying their civil and political rights [and] at least twenty-five (25) years old are eligible to be [a] deputy and at least thirty-five (35) years old [are eligible] to be a senator. article 48 an organic law establishes the conditions for the election of the members of parliament, their number, their indemnity, the conditions of eligibility, [and] the regime of the ineligibilities and of the incompatibilities. it also establishes the conditions in which the persons named to assure the replacement of the deputies or the senators in the case of vacancy of a seat, are elected [,] until the general or partial renewal of the assembly to which they belong. article 49 the constitutional council decides in the case of dispute [contestation] concerning the regularity of the election of the parliamentarians or concerning their eligibility. article 50 no member of the parliament may be prosecuted, pursued, arrested, detained or judged because of the opinions or the votes emitted by him during the exercise of his functions. no member of the parliament, during the sessions, may be prosecuted or arrested in [a] criminal or [a] correctional matter without the authorization of the assembly to which he belongs except in case of flagrante delicto. no member of the parliament may be arrested, outside [a] session, except with the authorization of the bureau of the assembly to which he belongs, except in case of flagrante delicto, of authorized prosecution or of definitive condemnation. the detention or the prosecution of a member of the parliament is suspended if the assembly to which he belongs requires it. article 51 all imperative mandates are null. the right to vote of the members of the parliament is personal. the organic law can authorize exceptionally the delegation of [the] vote. in this case, no one may receive the delegation for more than one mandate. any deliberation outside the time of the sessions or outside the place of the sitting is null. the president of the republic can demand the constitutional council to declare this nullity. the sittings of the national assembly and of the senate are public. the report of the debates is published in the journal officiel [official gazette]. each one of the assemblies can sit in closed session at the demand of the government or of one-fourth (1/4) of its members present. article 52 the parliament meets of plain right in two (2) ordinary sessions each year. the first session opens on the first business [ouvrable] day of the month of october. the second session [opens on] the first business day of the month of april. the duration of each session may not exceed four (4) months. article 53 the parliament can meet in an extraordinary session at the demand of the president of the republic or of the majority of the members of the national assembly for a determined agenda [ordre du jour]. the length of an extraordinary session may not exceed one month. the extraordinary sessions are opened and closed by a decree of the president of the republic. article 54 the members of the government have access to the two assemblies. they are heard when they demand it. they may be assisted by commissioners of the government. article 55 the president of the national assembly is elected for the duration of the legislature. the president of the senate is elected after each partial renewal. title iv. of the relations between the legislative power and the executive power article 56 the law is voted by the parliament. article 57 [the following] are of the domain of the law: the fundamental rights and duties of persons[,] notably the regime of public freedoms, the safeguarding of the individual freedoms, and the constraints imposed by the national defense [on] citizens on their person and their assets; nationality, the status and the capacity of the persons, marriage, divorce, and inheritance; the conditions of settlement [établissement] of persons and the status of aliens; the determination of crimes and misdemeanors as well as the sentences that are applicable to them, the criminal [pénale] procedure, amnesty, the creation and the organization of the jurisdictions, [and] the status of the magistrates; the civil procedure and the ways [voies] of execution; the customs regime, the regime of emission of money, the regime of the banks, of credit, and of insurance; the electoral regime and the territorial division of the country; the regime of property, of real rights, and of civil and commercial obligations; the general regime of water, of mines, and of hydro-carbons, of fishing and of the merchant marine, of the fauna, of the flora, and of the environment; the protection and the safeguarding of the cultural and historical patrimony; the general rules related to education and health; the general rules related to the syndical right, to the right to work, and to social security; the general organization of the administration; the free administration of the local collectivities, of their competences, and of their resources; the tax base, the rates and the modalities of recovery of the taxes of all natures; the creation of categories of public establishments; the fundamental guaranties granted to the civil and the military functionaries as well as the general status of the public function; the nationalizations of enterprises and the transfers of property from the public sector to the private sector; [and] the general rules of the organization of the national defense. the laws of finance determine the resources and the charges of the state in the conditions and under the reservations [réserves] specified by an organic law. the laws and the programs determine the objectives of the economic and social action of the state. the provisions of this article may be specified [précisées] and completed by an organic law. article 58 the declaration of war is authorized by the parliament. article 59 the matters other than those that are the domain of the law belong [relèvent] to the regulatory power. the texts of legislative form intervening in these matters can be modified by decree, if the constitutional council declares that they have a regulatory character by virtue of the preceding paragraph. article 60 after the agreement of the president of the republic, the government can, for the execution of its program, demand of the parliament the authorization of taking by ordinance, for a limited period, the measures that are normally of the domain of the law. these ordinances are taken in the council of ministers and require the approval of the president of the republic[,] who signs them. they enter into force as soon as they are published, but they become lapsed if the bill of the law of ratification is not deposited before [devant] the parliament before [avant] the date established by the enabling law. at the expiration of the time mentioned in the first paragraph of this article, the ordinances cannot be modified[,] except by the law[,] in the matters that are of the legislative domain. the enabling law lapses if the national assembly is dissolved. article 61 the initiative of the laws belongs concurrently to the government and to the members of parliament. the bills of law are debated in the council of ministers and deposited with the bureau of one of the two assemblies. the bills of the law of finance are first submitted to the national assembly. article 62 the government and the members of the parliament have the right of amendment. the proposals or amendments deposited by the members of parliament are not receivable when their adoption would have as consequence either the reduction of the public revenues or the creation or the aggravation of a public charge, unless they should be accompanied by a proposal of augmentation of revenues or of equivalent economies. they can be declared not receivable when they affect a matter that belongs to the regulatory power by virtue of article 59 or are contrary to a delegation granted by virtue of article 60 of this constitution. if the parliament disregards [passe outre] the non-receivability raised by the government by virtue of one of the two preceding paragraphs, the president of the republic can refer [the matter] to the constitutional council[,] which decides within a time period of eight (8) days. article 63 the discussion of the bills of law focuses, before the first assembly referred to [the matter], on the text presented by the government. an assembly referred to [the matter] of a text voted on by the other assembly deliberates on the text that is transmitted to it. article 64 the bills and proposals of laws, at the demand of the government or of the assembly to which they are referred, are sent for examination to commissions especially established for this purpose. the bills and proposals for which such a demand has not been made are sent to one of the permanent commissions whose number is limited to five (5) in each assembly. article 65 after the opening of the debate, the government can oppose the examination of any amendment that has not previously been submitted to the commission. if the government demands it, the assembly referred to [the matter] decides with a single vote on all or part of the text in discussion retaining only the amendments proposed or accepted by it. article 66 any bill or proposal is examined successively by the two assemblies with [a] view to the adoption of an identical text. in the case of a disagreement and when the government has declared urgency, the bill can be submitted after one sole reading by each of the two assemblies to a joint commission [commission paritaire] charged with proposing a text concerning the provisions remaining in discussion. this text can be submitted in the same way to the two assemblies for adoption. in this case no amendments are further [plus] receivable. if the joint commission is not able to propose a common text or if this text is not adopted by the two assemblies, the government can, after a new reading by the two chambers, demand [that] the national assembly decide definitively. article 67 the laws to which the constitution confers the character of organic laws are voted on and modified in the following conditions: the bill or proposal is only submitted to the deliberation and to the vote of the first assembly referred to [the matter] at the expiration of a time period of fifteen (15) days after its deposit. the procedure of article 66 is applicable. however, lacking an agreement between the two assemblies, the text may only be adopted by the national assembly in [a] last reading with an absolute majority of its members. the organic laws concerning the senate must be voted in the same terms by the two assemblies. the organic laws may only be promulgated after declaration by the constitutional council of their conformity with the constitution. article 68 the parliament votes the bill of the law of finance. the parliament is referred to [the matter] of the bill of the law of finance at the latest on the first monday of the month of november. if the national assembly has not decided in [a] first reading in a time period of forty five (45) days after the deposit of the bill, the government refers [the matter] to the senate which must decide in a time period of fifteen (15) days. it then proceeds within the conditions specified in article 66 of this constitution. if the parliament has not voted on the budget in a time period of sixty days (60) days, or if it did not vote it in balanced form, the government returns [renvoie] the bill of the law of finance within fifteen (15) days to the national assembly. the national assembly must decide within eight (8) days. if the budget is not approved at the expiration of this time period, the president of the republic establishes it of office[,] by ordinance[,] based on the revenues from the preceding year. the parliament controls the execution of the budget of the state and [the] annexed budgets. a statement [état] of expenses will be provided to the parliament at the end of each six months [semestre] for the previous six months. the definitive accounts of a fiscal year [exercise] are deposited during the course of the budgetary session of the following year and approved by a law. the court of accounts [cour des comptes] is the superior institution, independent [and] responsible for [chargée de] the control of the public finances. its organization and its functioning as well as the status of its members will be established by an organic law. article 69 the agenda of the assemblies includes, by priority and in the order determined by the government, the discussion of the bills and proposals of law accepted by it. one sitting per week is reserved by priority for the questions of the members of the parliament and for the responses of the government. article 70 the president of the republic promulgates the laws in a time period of eight (8) days at the earliest and thirty (30) days at the latest following the transmission to him [of the laws] made by the parliament. the president of the republic can, during this time period, send back the bill or the proposal of law for a second reading. if the national assembly decides on adoption by the majority of its members, the law is promulgated and published within the time period specified in the preceding paragraph. article 71 the state of siege and the state of urgency are decreed by the president of the republic, for a maximum duration of thirty (30) days. this duration can be extended by the parliament. it meets of plain right if it is not in session. the law defines the exceptional powers granted to the president of the republic by the declarations of state of siege and of state of urgency. article 72 the government is held to furnish to the parliament, in the forms specified by the law, all the explanations that have been demanded of it[,] of its management and of its acts. article 73 the prime minister makes[,] once per year, during the course of the november session, a report to the national assembly concerning the activity of the government during the past year and presents [expose] the general outlines of his program for the coming year. article 74 the prime minister is, severally [solidairement] with his ministers, responsible before the national assembly. the commencement of the political responsibility results from the question of confidence or from the motion of censure. the prime minister, after deliberation of the council of ministers, engages [engage] before the national assembly the responsibility of the government on his program and eventually on a declaration of general policy. the national assembly engages [met en cause] the responsibility of the government by the vote of a motion of censure. a motion of censure deposited by a deputy must expressly bear the title and the signature of its author. such a motion is only receivable if it is signed by at least one-third (1/3) of the members of the national assembly. the vote can only take place forty-eight (48) hours after the deposit of the question of confidence or of the motion of censure. article 75 the vote of no confidence or the adoption of a motion of censure results in [entraîne] the immediate resignation of the government. these [such a vote or motion] may only be acquired [with] the majority of the deputies composing the national assembly, [and] only the votes of no confidence or the votes favorable to the motion of censure are counted. the resigned government continues to manage the current affaires until the nomination, by the president of the republic, of a new prime minister and of a new government. if a motion of censure is rejected, its signatories cannot propose a new one during the course of the same session, except in the case specified in the following paragraph. the prime minister, after deliberation of the council of ministers, engages the responsibility of the government before the national assembly on the vote of a text. in this case, this text is considered adopted, except if a motion of censure, deposited in the following twenty-four hours, is voted within the conditions specified in the first paragraph of this article. the prime minister has the faculty to demand to the senate for the approval of a declaration of general policy. article 76 the cloture of the ordinary or the extraordinary sessions is by right delayed in order to permit, the case arising, the application of the provisions of article 75 of this constitution. article 77 if, in an interval of less than thirty-six (36) months, two changes of government have intervened following a vote of no confidence or of a motion of censure, the president of the republic can, after the opinion of the president of the national assembly, pronounce the dissolution of it. in this case, it will proceed to new elections in a time period of forty (40) days at most. the new national assembly meets of plain right three (3) weeks after its election. title v. of the treaties and international agreements article 78 the treaties of peace, of union, the treaties of commerce, the treaties or agreements concerning the international organization, those which engage the finances of the state, those which modify the provisions of a legislative nature, those that concern the status of the persons, and the treaties concerning the frontiers of the state, may only be ratified by virtue of a law. they only take effect after being ratified or approved. no cession, no exchange, no addition of territory is valid without the consent of the people who pronounce themselves by way of referendum. in the case specified in the last paragraph of article 2 of this constitution, the majority required is four-fifths (4/5) of the suffrage expressed. article 79 if the constitutional council, referred to [the matter] by the president of the republic, or by the president of the national assembly[,] or by the president of the senate[,] or by one-third (1/3) of the deputies or the senators, declares that an international engagement includes a clause contrary to the constitution, the authorization to ratify or to approve it can only intervene after revision of the constitution. article 80 the treaties or agreements regularly ratified or approved have, on their publication, an authority superior to that of the laws, subject, for each agreement or treaty, to their application by the other party. title vi. of the constitutional council article 81 the constitutional council is composed of nine (9) members, whose mandate lasts nine (9) years and is not renewable. the constitutional council is renewed by thirds (1/3) every three years. four [4] of the members are appointed by the president of the republic, three [3] by the president of the national assembly, and two [2] by the president of the senate. the members of the constitutional council must be at least thirty-five (35) years old. they cannot belong to the directive instances of the political parties. they enjoy parliamentary immunity. the president of the constitutional council is appointed by the president of the republic from among the members that he appointed. he has the deciding vote in case of [a] tie [cas de partage]. article 82 the functions of member of the constitutional council are incompatible with those of member of the government or of the parliament. the other incompatibilities are established by an organic law. article 83 the constitutional council sees to the regularity of the election of the president of the republic. it examines the complaints and proclaims the results of the ballot. article 84 the constitutional council decides, in case of dispute, concerning the regularity of the election of the deputies and of the senators. article 85 the constitutional council sees to the regularity of the operations of referendum and proclaims the results. article 86 the organic laws, before their promulgation and the regulations of the parliamentary assemblies before their implementation must be submitted to the constitutional council which decides concerning their conformity with the constitution. to the same ends, the laws can be referred to the constitutional council, before their promulgation by the president of the republic, by the president of the national assembly, by the president of the senate, or by one third (1/3) of the deputies composing the national assembly or by one-third (1/3) of the senators composing the senate. in the cases specified in the two preceding paragraphs, the constitutional council must decide in the time of one (1) month. however, at the demand of the president of the republic, if there is urgency, this time period is reduced to eight (8) days. in these same cases, the referral of the constitutional council to [the matter] suspends the time period of promulgation. article 87 a provision declared unconstitutional may not be promulgated or implemented. the decisions of the constitutional council are invested with the authority of a judged matter. the decisions of the constitutional council are not susceptible to any recourse. they impose themselves on the public powers and on all the administrative and jurisdictional authorities. article 88 an organic law determines the rules of organization and of functioning of the constitutional council[,] the procedure that is followed before it and notably the time periods opened for referral of disputes to it. title vii. of the judicial power article 89 the judicial power is independent of the legislative power and of the executive power. the president of the republic is guarantor of the independence of the magistrature. he is assisted by the superior council of the magistrature, over which he presides. the superior council of the magistrature includes two formations, one competent vis-à-vis the presiding magistrates, the other vis-à-vis of the prosecuting magistrates. within the respect of the principle of the independence of the magistrature, an organic law establishes the status of the magistrates and defines the rules of organization and of functioning of the superior council of the magistrature. article 90 a judge is only obedient to the law. within the framework [cadre] of his mission, he is protected against all forms of pressure of a nature [that] harms [nuire] his free will. article 91 no one may be arbitrarily detained. the judicial power, guardian of individual liberty, assures the respect of this principle in the conditions specified by the law. title viii. of the high court of justice article 92 a high court of justice is instituted. it is composed of members elected, from among them [en leur sein] and in equal number, by the national assembly and the senate, after each general or partial renewal of these assemblies. it elects its president from among [parmi] its members. an organic law establishes the composition of the high court of justice, the rules of its functioning as well as the procedure applicable before it. article 93 the president of the republic is only responsible for the acts accomplished in the exercise of his functions in the case of high treason. he cannot be impeached [mis en accusation] except by the two assemblies deciding with an identical vote in public ballot and by the absolute majority of the members that compose them; he is judged by the high court of justice. the prime minister and the members of the government are criminally responsible for the acts accomplished in the exercise of their functions and qualified as crimes or misdemeanors at the moment when they were committed. the procedure defined above is applicable to them as well as to their accomplices in the case of conspiracy against the security of the state. in the case specified in the present paragraph, the high court of justice is bound by the definition of crimes and misdemeanors as well as by the determination of the penalties as they result from the criminal laws in force at the moment when the acts were committed. title ix. of the consultative institutions article 94 a high islamic council composed of five (5) members is instituted before the president of the republic. the president and the other members of the high islamic council are appointed by the president of the republic. the high islamic council meets at the demand of the president of the republic. it formulates an opinion on the questions concerning which it is consulted by the president of the republic. article 95 the economic and social council, referred to [the matter] by the president of the republic, gives its opinion concerning the bills of law, the ordinances, or the decrees of an economic or social character as well as concerning the proposals of law of the same nature which are submitted to it. the economic and social council may designate one of its members to present before the parliamentary assemblies the opinion of the council concerning the bills or proposals of law that have been submitted to it. article 96 the economic and social council can also be consulted by the president of the republic concerning any economic or social question of interest to the state. any plan and bill of program law of an economic or social character is submitted to it for [an] opinion. the composition of the economic and social council and its rules and functioning are established by an organic law. article 97 the national commission of the rights of man is the independent consultative institution of promotion and of protection of the rights of man. the composition, the organization and the functioning of the national commission of the rights of man are established by an organic law. title x. of the territorial collectivities article 98 the territorial collectivities are the communes as well as the entities to which the law confers this quality. these collectivities are administered by elected councils in the conditions specified by the law. title xi. of the revision of the constitution article 99 the initiative of the revision of the constitution belongs concurrently to the president of the republic and to the members of the parliament. no bill of revision presented by the parliamentarians may be discussed if it has not been signed by one-third (1/3) at least of the members composing one of the assemblies. each bill of revision must be voted by a majority of two-thirds (2/3) of the deputies composing the national assembly and two-thirds (2/3) of the senators composing the senate, to be able to be submitted to referendum. no procedure of revision of the constitution can be engaged if it jeopardizes the existence of the state or if it infringes the integrity of the territory, the republican form of the institutions, the pluralist character of the mauritanian democracy or the principle of democratic alternation in power and its corollary, the principle according to which the mandate of the president of the republic is of five years, renewable one sole time, as specified in articles 26 and 28 above. article 100 the revision of the constitution is definitive after have being approved by referendum by a simple majority of the suffrage expressed. article 101 however, the bill of revision is not presented to referendum when the president of the republic decides to submit it to the parliament convoked in congress; in this case, the bill of revision is only approved if it receives [réunit] the majority of the three-fifths (3/5) of the suffrage expressed. the bureau of the congress is that of the national assembly. title xii. of the final provisions article 102 the legislation and the regulations in force in the islamic republic of mauritania continue to be applicable as long as they have not been modified, in the forms specified in the constitution. the laws prior to the constitution must be modified, if it applies, to render them in conformity with the constitutional rights and freedoms in a time not exceeding three years from the date of promulgation of this constitutional law. in case that the modifications specified in the preceding paragraph are not adopted in the prescribed times, any individual can bring these laws before the constitutional council for examination of their constitutionality. the provisions declared unconstitutional may not be applied. preamble we, the people of micronesia, exercising our inherent sovereignty, do hereby establish this constitution of the federated states of micronesia. with this constitution, we affirm our common wish to live together in peace and harmony, to preserve the heritage of the past, and to protect the promise of the future. to make one nation of many islands, we respect the diversity of our cultures. our differences enrich us. the seas bring us together, they do not separate us. our islands sustain us, our island nation enlarges us and makes us stronger. our ancestors, who made their homes on these islands, displaced no other people. we, who remain, wish no other home than this. having known war, we hope for peace. having been divided, we wish unity. having been ruled, we seek freedom. micronesia began in the days when man explored seas in rafts and canoes. the micronesian nation is born in an age when men voyage among stars; our world itself is an island. we extend to all nations what we seek from each: peace, friendship, cooperation, and love in our common humanity. with this constitution we, who have been the wards of other nations, become the proud guardian of our own islands, now and forever. article i. territory of micronesia section 1 the territory of the federated states of micronesia is comprised of the districts of the micronesian archipelago that ratify this constitution. unless limited by international treaty obligations assumed by the federated states of micronesia, or by its own act, the waters connecting the islands of the archipelago are internal waters regardless of dimensions, and jurisdiction extends to a marine space of 200 miles measured outward from appropriate baselines, the seabed, subsoil, water column, insular or continental shelves, airspace over land and water, and any other territory or waters belonging to micronesia by historic right, custom, or legal title. section 2 each state is comprised of the islands of each district as defined by laws in effect immediately prior to the effective date of this constitution. a marine boundary between adjacent states is determined by law, applying the principle of equidistance. state boundaries may be changed by congress with the consent of the state legislatures involved. section 3 territory may be added to the federated states of micronesia upon approval of congress, and by vote of the inhabitants of the area, if any, and by vote of the people of the federated states of micronesia. if the territory is to become part of an existing state, approval of the state legislature is required. section 4 new states may be formed and admitted by law, subject to the same rights, duties, and obligations as provided for in this constitution. article ii. supremacy section 1 this constitution is the expression of the sovereignty of the people and is the supreme law of the federated states of micronesia. an act of the government in conflict with this constitution is invalid to the extent of conflict. article iii. citizenship section 1 a person who is a citizen of the trust territory of the pacific islands immediately prior to the effective date of this constitution and a domiciliary of a district ratifying this constitution is a citizen and national of the federated states of micronesia. section 2 a person born of parents one or both of whom are citizens of the federated states of micronesia is a citizen and national of the federated states by birth. section 3 a citizen of the federated states of micronesia who is recognized as a citizen of another nation shall, within 3 years of his 18th birthday, or within 3 years of the effective date of this constitution, whichever is later, register his intent to remain a citizen of the federated states and renounce his citizenship of another nation. if he fails to comply with this section, he becomes a national of the federated states of micronesia. section 4 a citizen of the trust territory of the pacific islands who becomes a national of the united states of america under the terms of the covenant to establish a commonwealth of the northern mariana islands may become a citizen and national of the federated states of micronesia by applying to a court of competent jurisdiction in the federated states within 6 months of the date he became a united states national. section 5 a domiciliary of a district not ratifying this constitution who was a citizen of the trust territory of the pacific islands immediately prior to the effective date of this constitution, may become a citizen and national of the federated states of micronesia by applying to a court of competent jurisdiction in the federated states within 6 months after the effective date of this constitution or within 6 months after his 18th birthday, whichever is later. section 6 this article may be applied retroactively. article iv. declaration of rights section 1 no law may deny or impair freedom of expression, peaceable assembly, association, or petition. section 2 no law may be passed respecting an establishment of religion or impairing the free exercise of religion, except that assistance may be provided to parochial schools for nonreligious purposes. section 3 a person may not be deprived of life, liberty, or property without due process of law, or be denied the equal protection of the laws. section 4 equal protection of the laws may not be denied or impaired on account of sex, race, ancestry, national origin, language, or social status. section 5 the right of the people to be secure in their persons, houses, papers, and other possessions against unreasonable search, seizure, or invasion of privacy may not be violated. a warrant may not issue except on probable cause, supported by affidavit particularly describing the place to be searched and the persons or things to be seized. section 6 the defendant in a criminal case has a right to a speedy public trial, to be informed of the nature of the accusation, to have counsel for his defense, to be confronted with the witnesses against him, and to compel attendance of witnesses in his behalf. section 7 a person may not be compelled to give evidence that may be used against him in a criminal case, or be twice put in jeopardy for the same offense. section 8 excessive bail may not be required, excessive fines imposed, or cruel and unusual punishments inflicted. the writ of habeas corpus may not be suspended unless required for public safety in cases of rebellion or invasion. section 9 capital punishment is prohibited. section 10 slavery and involuntary servitude are prohibited except to punish crime. section 11 a bill of attainder or ex post facto law may not be passed. section 12 a citizen of the federated states of micronesia may travel and migrate within the federated states. section 13 imprisonment for debt is prohibited. article v. traditional rights section 1 nothing in this constitution takes away a role or function of a traditional leader as recognized by custom and tradition, or prevents a traditional leader from being recognized, honored, and given formal or functional roles at any level of government as may be prescribed by this constitution or by statute. section 2 the traditions of the people of the federated states of micronesia may be protected by statute. if challenged as violative of article iv, protection of micronesian tradition shall be considered a compelling social purpose warranting such governmental action. section 3 the congress may establish, when needed, a chamber of chiefs consisting of traditional leaders from each state having such leaders, and of elected representatives from states having no traditional leaders. the constitution of a state having traditional leaders may provide for an active, functional role for them. article vi. suffrage section 1 a citizen 18 years of age may vote in national elections. the congress shall prescribe a minimum period of local residence and provide for voter registration, disqualification for conviction of crime, and disqualification for mental incompetence or insanity. voting shall be secret. article vii. levels of government section 1 the three levels of government in the federated states of micronesia are national, state, and local. a state is not required to establish a new local government where none exists on the effective date of this constitution. section 2 a state shall have a democratic constitution. article viii. powers of government section 1 a power expressly delegated to the national government, or a power of such an indisputably national character as to be beyond the power of a state to control, is a national power. section 2 a power not expressly delegated to the national government, or prohibited to the states is a state power. section 3 state and local governments are prohibited from imposing taxes which restrict interstate commerce. article ix. legislative section 1 the legislative power of the national government is vested in the congress of the federated states of micronesia. section 2 the following powers are expressly delegated to congress: to provide for the national defense; to ratify treaties; to regulate immigration, emigration, naturalization, and citizenship; to impose taxes, duties, and tariffs based on imports; to impose taxes on income; to issue and regulate currency; to regulate banking, foreign and interstate commerce, insurance, the issuance and use of commercial paper and securities, bankruptcy and insolvency, and patents and copyrights; to regulate navigation and shipping except within lagoons, lakes, and rivers; to establish usury limits on major loans; to provide for a national postal system; to acquire and govern new territory; to govern the area set aside as the national capital; to regulate the ownership, exploration, and exploitation of natural resources within the marine space of the federated states of micronesia beyond 12 miles from island baselines; to establish and regulate a national public service system; to impeach and remove the president, vice president, and justices of the supreme court; to define national crimes and prescribe penalties, having due regard for local custom and tradition; to override a presidential veto by not less than a 3/4 vote of all the state delegations, each delegation casting one vote; and to promote education and health by setting minimum standards, coordinating state activities relating to foreign assistance, providing training and assistance to the states and providing support for post-secondary educational programs and projects. section 3 the following powers may be exercised concurrently by congress and the states: to appropriate public funds; to borrow money on the public credit; to establish systems of social security and public welfare. section 4 a treaty is ratified by vote of 2/3 of the members of congress, except that a treaty delegating major powers of government of the federated states of micronesia to another government shall also require majority approval by the legislatures of 2/3 of the states. section 5 national taxes shall be imposed uniformly. not less than 50% of the revenues shall be paid into the treasury of the state where collected. section 6 net revenue derived from ocean floor mineral resources exploited under section 2(m) shall be divided equally between the national government and the appropriate state government. section 7 the president, vice president, or a justice of the supreme court may be removed from office for treason, bribery, or conduct involving corruption in office by a 2/3 vote of the members of congress. when the president or vice president is removed, the supreme court shall review the decision. when a justice of the supreme court is removed, the decision shall be reviewed by a special tribunal composed of one state court judge from each state appointed by the state chief executive. the special tribunal shall meet at the call of the president. section 8 the congress consists of one member elected at large from each state on the basis of state equality, and additional members elected from congressional districts in each state apportioned by population. members elected on the basis of state equality serve for a 4year term, and all other members for 2 years. each member has one vote, except on the final reading of bills. congressional elections are held biennially as provided by statute. section 9 a person is ineligible to be a member of congress unless he is at least 30 years of age on the day of election and has been a citizen of the federated states of micronesia for at least 15 years, and a resident of the state from which he is elected for at least 5 years. a person convicted of a felony by a state or national government court is ineligible to be a member of congress. the congress may modify this provision or prescribe additional qualifications; knowledge of the english language may not be a qualification. section 10 at least every 10 years congress shall reapportion itself. a state is entitled to at least one member of congress on the basis of population in addition to the member elected at large. a state shall apportion itself by law into single member congressional districts. each district shall be approximately equal in population after giving due regard to language, cultural, and geographic differences. section 11 a state may provide that one of its seats is set aside for a traditional leader who shall be chosen as provided by statute for a 2-year term, in lieu of one representative elected on the basis of population. the number of congressional districts shall be reduced and reapportioned accordingly. section 12 a vacancy in congress is filled for the unexpired term. in the absence of provision by law, an unexpired term is filled by special election, except that an unexpired term of less than one year is filled by appointment by the state chief executive. section 13 a member of congress may not hold another public office or employment. during the term for which he is elected and 3 years thereafter, a member may not be elected or appointed to a public office or employment created by national statute during his term. a member may not engage in any activity which conflicts with the proper discharge of his duties. the congress may prescribe further restrictions. section 14 the congress may prescribe an annual salary and allowances for members. an increase of salary may not apply to the congress enacting it. section 15 a member of congress is privileged from arrest during his attendance at congress and while going to and from sessions, except for treason, felony, or breach of the peace. a member answers only to congress for his statements in congress. section 16 the congress shall meet in regular, public session as prescribed by statute. a special session may be convened at the call of the president of the federated states of micronesia, or by the presiding officer on the written request of 2/3 of the members. section 17 the congress shall be the sole judge of the elections and qualifications of its members, may discipline a member, and, by 2/3 vote, may suspend or expel a member. the congress may determine its own rules of procedure and choose a presiding officer from among its members. the congress may compel the attendance and testimony of witnesses and the production of documents or other matters before congress or any of its committees. section 18 a majority of the members is a quorum, but a smaller number may adjourn from day to day and compel the attendance of absent members. section 19 the congress shall keep and publish a journal of its proceedings. a roll call vote entered on the journal shall be taken at the request of 1/5 of the members present. legislative proceedings shall be conducted in the english language. a member may use his own language if not fluent in english, and congress shall provide translation. section 20 to become law, a bill must pass 2 readings on separate days. to pass first reading a 2/3 vote of all members is required. on final reading each state delegation shall cast one vote and a 2/3 vote of all the delegations is required. all votes shall be entered on the journal. section 21 the congress may make no law except by statute and may enact no statute except by bill. the enacting clause of a bill is: "be it enacted by the congress of the federated states of micronesia:". a bill may embrace but one subject expressed in its title. a provision outside the subject expressed in the title is void. a law may not be amended or revised by reference to its title only. the law as revised or section as amended shall be published and re-enacted at full length. section 22 a bill passed by congress shall be presented to the president for approval. if he disapproves of the bill, he shall return it with his objections to congress within 10 days. if congress has 10 or less days remaining in its session, or has adjourned, he shall return the bill within 30 days after presentation. if the president does not return a bill within the appropriate period, it becomes law as if approved. article x. executive section 1 the executive power of the national government is vested in the president of the federated states of micronesia. he is elected by congress for a term of four years by a majority vote of all the members. he may not serve for more than 2 consecutive terms. section 2 the following powers are expressly delegated to the president: to faithfully execute and implement the provisions of this constitution and all national laws; to receive all ambassadors and to conduct foreign affairs and the national defense in accordance with national law; to grant pardons and reprieves, except that the chief executive of each state shall have this power concurrently with respect to persons convicted under state law; and with the advice and consent of congress, to appoint ambassadors; all judges of the supreme court and other courts prescribed by statute; the principal officers of executive departments in the national government; and such other officers as may be provided for by statute. ambassadors and principal officers serve at the pleasure of the president. section 3 the president: is head of state of the federated states of micronesia; may make recommendations to congress, and shall make an annual report to congress on the state of the nation; and shall perform such duties as may be provided by statute. section 4 a person is ineligible to become president unless he is a member of congress for a 4-year term, a citizen of the federated states of micronesia by birth, and a resident of the federated states of micronesia for at least 15 years. section 5 after the election of the president, the vice president is elected in the same manner as the president, has the same qualifications, and serves for the same term of office. he may not be a resident of the same state. after the election of the president and the vice president, vacancies in congress shall be declared. section 6 if the office of the president is vacant, or the president is unable to perform his duties, the vice president becomes president. the congress shall provide by statute for the succession in the event both offices are vacant, or either or both officers are unable to discharge their duties. section 7 the compensation of the president or vice president may not be increased or reduced during his term. they may hold no other office and may receive no other compensation from the federated states of micronesia or from a state. section 8 executive departments shall be established by statute. section 9 if required to preserve public peace, health, or safety at a time of extreme emergency caused by civil disturbance, natural disaster, or immediate threat of war, or insurrection, the president may declare a state of emergency and issue appropriate decrees. a civil right may be impaired only to the extent actually required for the preservation of peace, health, or safety. a declaration of emergency may not impair the power of the judiciary except that the declaration shall be free from judicial interference for 30 days after it is first issued. within 30 days after the declaration of emergency, the congress of the federated states of micronesia shall convene at the call of its presiding officer or the president to consider revocation, amendment, or extension of the declaration. unless it expires by its own terms, is revoked, or extended, a declaration of emergency is effective for 30 days. article xi. judicial section 1 the judicial power of the national government is vested in a supreme court and inferior courts established by statute. section 2 the supreme court is a court of record and the highest court in the nation. it consists of a chief justice and not more than 5 associate justices. each justice is a member of both the trial division and the appellate division, except that sessions of the trial division may be held by one justice. no justice may sit with the appellate division in a case heard by him in the trial division. at least 3 justices shall hear and decide appeals. decision is by a majority of those sitting. section 3 the chief justice and associate justices of the supreme court are appointed by the president with the approval of 2/3 of congress. justices serve during good behavior. section 4 if the chief justice is unable to perform his duties he shall appoint an associate justice to act in his stead. if the office is vacant, or the chief justice fails to make the appointment, the president shall appoint an associate justice to act as chief justice until the vacancy is filled or the chief justice resumes his duties. section 5 the qualifications and compensation of justices and other judges may be prescribed by statute. compensation of judges may not be diminished during their terms of office unless all salaries prescribed by statute are reduced by a uniform percentage. section 6 the trial division of the supreme court has original and exclusive jurisdiction in cases affecting officials of foreign governments, disputes between states, admiralty or maritime cases, and in cases in which the national government is a party except where an interest in land is at issue. the national courts, including the trial division of the supreme court, have concurrent original jurisdiction in cases arising under this constitution; national law or treaties; and in disputes between a state and a citizen of another state, between citizens of different states, and between a state or a citizen thereof, and a foreign state, citizen, or subject. when jurisdiction is concurrent, the proper court may be prescribed by statute. section 7 the appellate division of the supreme court may review cases heard in the national courts, and cases heard in state or local courts if they require interpretation of this constitution, national law, or a treaty. if a state constitution permits, the appellate division of the supreme court may review other cases on appeal from the highest state court in which a decision may be had. section 8 when a case in a state or local court involves a substantial question requiring the interpretation of the constitution, national law, or a treaty, on application of a party or on its own motion the court shall certify the question to the appellate division of the supreme court. the appellate division of the supreme court may decide on the case or remand it for further proceedings. section 9 the chief justice is the chief administrator of the national judicial system and may appoint an administrative officer who is exempt from civil service. the chief justice shall make and publish and may amend rules governing national courts, and by rule may: divide the inferior national courts and the trial division of the constitution into geographical or functional divisions; assign judges among the divisions of a court and give special assignments to retired supreme court justices and judges of state and other courts; establish rules of procedure and evidence; govern the transfer of cases between state and national courts; govern the admission to practice and discipline of attorneys and the retirement of judges; and otherwise provide for the administration of the national judiciary; judicial rules may be amended by statute. section 10 the congress shall contribute to the financial support of state judicial systems and may provide other assistance. section 11 court decisions shall be consistent with this constitution, micronesian customs and traditions, and the social and geographical configuration of micronesia. in rendering a decision a court shall consult and apply sources of the federated states of micronesia. article xii. finance section 1 public money raised or received by the national government shall be deposited in a general fund or special funds within the national treasury. money may not be withdrawn from the general fund or special funds except by law. foreign financial assistance received by the national government shall be deposited in a foreign assistance fund. except where a particular distribution is required by the terms or special nature of the assistance, each state shall receive a share equal to the share of the national government and to the share of every other state. section 2 the president shall submit an annual budget to congress at a time prescribed by statute. the budget shall contain a complete plan of proposed expenditures, anticipated revenues, and other money available to the national government for the next fiscal year, together with additional information that congress may require. the congress may alter the budget in any respect. no appropriation bills, except those recommended by the president for immediate passage, or to cover the operating expense of congress, may be passed on final reading until the bill appropriating money for the budget has been enacted. the president may item veto an appropriation in any bill passed by congress, and the procedure in such case shall be the same as for disapproval of an entire bill by the president. section 3 the public auditor is appointed by the president with the advice and consent of congress. he serves for a term of 4 years and until a successor is confirmed. the public auditor shall inspect and audit accounts in every branch, department, agency or statutory authority of the national government and in other public legal entities or nonprofit organizations receiving public funds from the national government. additional duties may be prescribed by statute. the public auditor shall be independent of administrative control except that he shall report at least once a year to congress. his salary may not be reduced during his term of office. the congress may remove the public auditor from office for cause by 2/3 vote. in that event the chief justice shall appoint an acting public auditor until a successor is confirmed. article xiii. general provisions section 1 the national government of the federated states of micronesia recognizes the right of the people to education, health care, and legal services and shall take every step reasonable and necessary to provide these services. section 2 radioactive, toxic chemical, or other harmful substances may not be tested, stored, used, or disposed of within the jurisdiction of the federated states of micronesia without the express approval of the national government of the federated states of micronesia. section 3 it is the solemn obligation of the national and state governments to uphold the provisions of this constitution and to advance the principles of unity upon which this constitution is founded. section 4 a noncitizen, or a corporation not wholly owned by citizens, may not acquire title to land or waters in micronesia. section 5 a lease agreement for the use of land for an indefinite term by a noncitizen, a corporation not wholly owned by citizens, or any government is prohibited. section 6 the national government of the federated states of micronesia shall seek renegotiation of any agreement for the use of land to which the government of the united states of america is a party. section 7 on assuming office, all public officials shall take an oath to uphold, promote, and support the laws and the constitution as prescribed by statute. article xiv. amendments section 1 an amendment to this constitution may be proposed by a constitutional convention, popular initiative, or congress in a manner provided by law. a proposed amendment shall become a part of the constitution when approved by 3/4 of the votes cast on that amendment in each of 3/4 of the states. if conflicting constitutional amendments submitted to the voters at the same election are approved, the amendment receiving the highest number of affirmative votes shall prevail to the extent of such conflict. section 2 at least every 10 years, congress shall submit to the voters the question, "shall there be a convention to revise or amend the constitution?" if a majority of ballots cast upon the question is in the affirmative, delegates to the convention shall be chosen no later than the next regular election, unless congress provides for the selection of delegates earlier at a special election. article xv. transition section 1 a statute of the trust territory of the pacific islands continues in effect except to the extent it is inconsistent with this constitution, or is amended or repealed. a writ, action, suit, proceeding, civil or criminal liability, prosecution, judgment, sentence, order, decree, appeal, cause of action, defense, contract, claim, demand, title, or right continues unaffected except as modified in accordance with the provisions of this constitution. section 2 a right, obligation, liability, or contract of the government of the trust territory of the pacific islands is assumed by the federated states of micronesia except to the extent it directly affects or benefits a government of a district not ratifying this constitution. section 3 an interest in property held by the government of the trust territory of the pacific islands is transferred to the federated states of micronesia for retention or distribution in accordance with this constitution. section 4 a local government and its agencies may continue to exist even though its charter or powers are inconsistent with this constitution. to promote an orderly transition to the provisions of this constitution, and until state governments are established, congress shall provide for the resolution of inconsistencies between local government charters and powers, and this constitution. this provision ceases to be effective 5 years after the effective date of this constitution. section 5 the congress may provide for a smooth and orderly transition to government under this constitution. section 6 in the first congressional election, congressional districts are apportioned among the states as follows: kusaie -1; marianas -2; marshalls -4; palau -2; ponape -3; truk -5; yap -1. if kusaie is not a state at the time of the first election, 4 members shall be elected on the basis of population in ponape. article xvi. effective date section 1 this constitution takes effect 1 year after ratification unless the congress of micronesia by joint resolution specifies an earlier date. if a provision of this constitution is held to be in fundamental conflict with the united nations charter or the trusteeship agreement between the united states of america and the united nations, the provision does not become effective until the date of termination of the trusteeship agreement. preamble whereas we the people of the kingdom of swaziland do hereby undertake in humble submission to almighty god to start afresh under a new framework of constitutional dispensation; whereas as a nation it has always been our desire to achieve full freedom and independence under a constitution created by ourselves for ourselves in complete liberty; whereas various vusela consultations, economic and constitutional commissions, political experiments and sibaya meetings have been established and undertaken in the last thirty years in search of a sustainable home-grown political order; whereas it has become necessary to review the various constitutional documents, decrees, laws, customs and practices so as to promote good governance, the rule of law, respect for our institutions and the progressive development of the swazi society; whereas it is necessary to blend the good institutions of traditional law and custom with those of an open and democratic society so as to promote transparency and the social, economic and cultural development of our nation; whereas it is necessary to protect and promote the fundamental rights and freedoms of all in our kingdom in terms of a constitution which binds the legislature, the executive, the judiciary and the other organs and agencies of the government; whereas all the branches of government are the guardians of the constitution, it is necessary that the courts be the ultimate interpreters of the constitution; whereas as a nation we desire to march forward progressively under our own constitution guaranteeing peace, order and good government, and the happiness and welfare of all our people; whereas the constitution in draft form was circulated to the nation in both official languages, was vetted by the people at tinkhundla and sibaya meetings; now, therefore, we, ingwenyama–in-council, acting together with and on the approval of the swazi nation meeting as the swazi national council assembled at ludzidzini this 4th day of october, 2004, hereby accept the following constitution as the supreme law of the land. chapter i. the kingdom and its constitution 1. the kingdom and its territory swaziland is a unitary, sovereign, democratic kingdom. the territory of swaziland comprises all the land that immediately before the 6th september 1968 comprised the former protected state of swaziland together with such additional land as may from time to time be declared to form part of swaziland in accordance with international law. 2. the constitution this constitution is the supreme law of swaziland and if any other law is inconsistent with this constitution that other law shall, to the extent of the inconsistency, be void. the king and ingwenyama and all the citizens of swaziland have the right and duty at all times to uphold and defend this constitution. any person who by himself or in concert with others by any violent or other unlawful means suspends or overthrows or abrogates this constitution or any part of it, or attempts to do any such act; or aids and abets in any manner any person referred to in paragraph (a); commits the offence of treason. 3. the anthem, flag and languages the national anthem and flag of swaziland shall be the anthem or flag lawfully in use at the time of commencement of this constitution or such other anthem or flag as may from time to time be prescribed. the official languages of swaziland are siswati and english. notwithstanding the provisions of subsection (2), the authoritative text of any law or document shall be the text in which that law or document was originally passed or produced. chapter ii. monarchy 4. king and ingwenyama without prejudice to the provisions of section 228, king and ingwenyama of swaziland is an hereditary head of state and shall have such official name as shall be designated on the occasion of his accession to the throne. the king and ingwenyama is a symbol of unity and the eternity of the swazi nation. the king and ingwenyama is thecommander-in-chief of the defence force; commissioner-in-chief of the police service; and commissioner-in-chief of the correctional services. the king and ingwenyama has such rights, prerogatives and obligations as are conferred on him by this constitution or any other law, including swazi law and custom, and shall exercise those rights, prerogatives and obligations in terms and in the spirit of this constitution. 5. succession to the throne succession to the office of king and ingwenyama is hereditary and governed by this constitution and swazi law and custom. where the office of king and ingwenyama becomes vacant the successor to the throne shall be determined and declared in accordance with swazi law and custom. 6. umntfwana (crown prince) until he accedes to the throne, a person declared a successor under section 5, shall be designated as umntfwana. unless the situation otherwise requires, umntfwana shall accede to the throne when he has attained the age of eighteen years. umntfwana, before being declared king shall be installed ingwenyama in accordance with swazi law and custom. umntfwana shall not assume any of the duties of the office of king and ingwenyama until he accedes to the throne. the crown prince shall be entitled to such training, allowance and other privileges as may be prescribed appropriate to his status. 7. the ndlovukazi without prejudice to the provisions of section 229, the ndlovukazi is traditionally the mother of the king and ingwenyama and is appointed in accordance with swazi law and custom. until the king and ingwenyama has been installed, that is to say, until he has publicly assumed the functions and responsibilities of the king and ingwenyama in accordance with this constitution and swazi law and custom, or during any period when he is by reason of absence from swaziland or any other cause unable to perform the functions of his office, those functions shall be performed, save as otherwise provided in this constitution, by the ndlovukazi acting as queen regent. in her capacity as queen regent, the ndlovukazi shall be assisted and advised by the umntfwanenkhosi lomkhulu -in-libandla. the queen regent shall be entitled to such remuneration as may be prescribed and that remuneration shall be paid out of the consolidated fund and shall not be reduced during the continuance in office of the queen regent. civil proceedings shall not be instituted or continued in respect of which relief is claimed against the queen regent for anything done or omitted to be done by the queen regent in her private capacity and shall not be summoned to appear as a witness in any civil or criminal proceedings. where provision is made by law limiting the time within which proceedings of any description may be brought against a person, the period during which that person held a position of queen regent shall not be taken into account in calculating the period of time prescribed by that law which determines whether any such proceedings as are mentioned in this section may be brought against that person. the queen regent shall be immune from taxation in respect of – any remuneration received in terms of subsection (4); all income accruing to her in her private capacity; and all property owned by her in her private capacity and so far as the taxation relates to the period of regency. the ndlovukazi shall, before commencing to act as queen regent take and subscribe an oath for the due execution of office in accordance with swazi law and custom. the queen regent shall hand over her office to the ndlovukazi when umntfwana assumes the office of king and ingwenyama. 8. umntfwanenkhosi lomkhulu (senior prince) without prejudice to the provisions of section 234, umntfwanenkhosi lomkhulu is appointed in accordance with swazi law and custom. where the ndlovukazi in her capacity as queen regent is temporarily out of the kingdom or for any reason temporarily unable to perform the functions of her office, subject to any requirements under swazi law and custom, the umntfwanenkhosi lomkhulu may perform those functions subject to any specific instructions she may make. umntfwanenkhosi lomkhulu when acting in terms of subsection (2) shall be entitled to such remuneration as may be prescribed and that remuneration shall be paid out of the consolidated fund and shall not be reduced during his continuance in office. civil proceedings shall not be instituted or continued in respect of which relief is claimed against the umntfwanenkhosi lomkhulu when acting in terms of subsection (2) for anything done or omitted to be done by him in his private capacity and he shall not be summoned to appear as a witness in any civil or criminal proceedings. where provision is made by law limiting the time within which proceedings of any description may be brought against a person, the period during which that person held a position of umntfwanenkhosi lomkhulu in terms of subsection (2) shall not be taken into account in calculating the period of time prescribed by that law which determines whether such proceedings as are mentioned in this section may be brought against that person. the umntfwanenkhosi lomkhulu when acting in terms of subsection (2) shall be immune from taxation in respect of any remuneration received in terms of subsection (3); all income accruing to him in his private capacity; and all property owned by him in his private capacity in so far as the taxation relate to the period of regency. umntfwanenkhosi lomkhulu shall, before commencing to act in terms of subsection (2) take and subscribe an oath for the due execution of the office in accordance with swazi law and custom. 9. civil list of king and ingwenyama the king and ingwenyama shall be paid such emoluments and shall have such civil list as may be prescribed. any remuneration prescribed under this section shall be a charge on and paid out of the consolidated fund and shall not be reduced during the continuance in office of king and ingwenyama. 10. immunity of king and ingwenyama the king and ingwenyama shall be immune from taxation in respect of his civil list, all income accruing to him and all property owned by him in any private capacity. 11. protection of king and ingwenyama in respect of legal proceedings the king and ingwenyama shall be immune from – suit or legal process in any cause in respect of all things done or omitted to be done by him; and being summoned to appear as a witness in any civil or criminal proceeding. 12. oath by king and ingwenyama the king and ngwenyama shall upon his installation as king and ngwenyama take and subscribe an oath for the due execution of his office in accordance with swazi law and custom. 13. the king’s advisory council there shall be the king’s advisory council composed and constituted as liqoqo under section 231. the function of the council shall be to advise the king and ngwenyama as provided for under section 231. chapter iii. protection and promotion of fundamental rights and freedoms 14. fundamental rights and freedoms of the individual the fundamental human rights and freedoms of the individual enshrined in this chapter are hereby declared and guaranteed, namely – respect for life, liberty, right to fair hearing, equality before the law and equal protection of the law; freedom of conscience, of expression and of peaceful assembly and association and of movement; protection of the privacy of the home and other property rights of the individual; protection from deprivation of property without compensation; protection from inhuman or degrading treatment, slavery and forced labour, arbitrary search and entry; and respect for rights of the family, women, children, workers and persons with disabilities. the fundamental rights and freedoms enshrined in this chapter shall be respected and upheld by the executive, the legislature and the judiciary and other organs or agencies of government and, where applicable to them, by all natural and legal persons in swaziland, and shall be enforceable by the courts as provided in this constitution. a person of whatever gender, race, place of origin, political opinion, colour, religion, creed, age or disability shall be entitled to the fundamental rights and freedoms of the individual contained in this chapter but subject to respect for the rights and freedoms of others and for the public interest. 15. protection of right to life a person shall not be deprived of life intentionally save in the execution of the sentence of a court in respect of a criminal offence under the law of swaziland of which that person has been convicted. the death penalty shall not be mandatory. a sentence of life imprisonment shall not be less than twenty five years. without prejudice to any liability for a contravention of any other law with respect to the use of force in such cases as are mentioned in this subsection, a person shall not be regarded as having been deprived of life in contravention of this section if death results from use of force to such extent as is reasonably justifiable and proportionate in the circumstances of the case for the defence of any person from violence or for the defence of property; in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; for the purpose of suppressing a riot, insurrection or mutiny; or in order to prevent the commission by that person of a serious criminal offence. abortion is unlawful but may be allowed – on medical or therapeutic grounds including where a doctor certifies that – continued pregnancy will endanger the life or constitute a serious threat to the physical health of the woman; continued pregnancy will constitute a serious threat to the mental health of the woman; there is serious risk that the child will suffer from physical or mental defect of such a nature that the child will be irreparably seriously handicapped; where the pregnancy resulted from rape, incest or unlawful sexual intercourse with a mentally retarded female; or on such other grounds as parliament may prescribe. 16. protection of right to personal liberty a person shall not be deprived of personal liberty save as may be authorised by law in any of the following cases in execution of the sentence or order of a court, whether established for swaziland or another country, or of an international court or tribunal in respect of a conviction of a criminal offence; in execution of the order of a court punishing that person for contempt of that court or of another court or tribunal; in execution of the order of a court made to secure the fulfilment of any obligation imposed on that person by law; for the purpose of bringing that person before a court in execution of the order of a court; upon reasonable suspicion of that person having committed, or being about to commit, a criminal offence under the laws of swaziland; in the case of a person who has not attained the age of eighteen years, for the purpose of the education, care or welfare of that person; for the purpose of preventing the spread of an infectious or contagious disease; in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of the care or treatment of that person or the protection of the community; for the purpose of preventing the unlawful entry of that person into swaziland, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from swaziland or for the purpose of restricting that person while being conveyed through swaziland in the course of the extradition or removal of that person as a convicted prisoner from one country to another; or to such extent as may be necessary in the execution of a lawful order – requiring that person to remain within a specified area within swaziland or prohibiting that person from being within such an area; reasonably justifiable for the taking of proceedings against that person relating to the making of any such order; or reasonably justifiable for restraining that person during any visit, which that person is permitted to make to any part of swaziland in which, in consequence of that order, the presence of that person would otherwise be unlawful. a person who is arrested or detained shall be informed as soon as reasonably practicable, in a language which that person understands, of the reasons for the arrest or detention and of the right of that person to a legal representative chosen by that person. a person who is arrested or detained – for the purpose of bringing that person before a court in execution of the order of a court; or upon reasonable suspicion of that person having committed, or being about to commit, a criminal offence, shall, unless sooner released, be brought without undue delay before a court. where a person arrested or detained pursuant to the provisions of subsection (3), is not brought before a court within forty-eight hours of the arrest or detention, the burden of proving that the provisions of subsection (3) have been complied with shall rest upon any person alleging that compliance. where a person is brought before a court in execution of the order of a court in any proceedings or upon any suspicion of that person having committed or being about to commit an offence, that person shall not be further held in custody in connection with those proceedings or that offence save upon the order of a court. where a person is arrested or detained the next-of-kin of that person shall, at the request of that person, be informed as soon as practicable of the arrest or detention and place of the arrest or detention. the next-of-kin, legal representative and personal doctor of that person shall be allowed reasonable access and confidentiality to that person; and that person shall be allowed reasonable access to medical treatment including, at the request and at the cost of that person, access to private medical treatment. if a person is arrested or detained as mentioned in subsection (3) (b) then, without prejudice to any further proceedings that may be brought against that person, that person shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that that person appears at a later date for trial or for proceedings preliminary to trial. a person who is unlawfully arrested or detained by any other person shall be entitled to compensation from that other person or from any other person or authority on whose behalf that other person was acting. where a person is convicted and sentenced to a term of imprisonment for an offence, any period that person has spent in lawful custody in respect of that offence before the completion of the trial of that person shall be taken into account in imposing the term of imprisonment. 17. protection from slavery and forced labour a person shall not be held in slavery or servitude. a person shall not be required to perform forced labour. for the purposes of this section, the expression “forced labour” does not include any labour – required in consequence of the sentence or order of a court; required of any person while that person is lawfully detained which, though not required in consequence of the sentence or order of the court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which that person is detained; required of a member of a disciplined force in pursuance of the duties of that member or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of that service; required during a period of public emergency or in the event of any other emergency or calamity that threatens the life or well-being of the community, to the extent that the requiring of that labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation; or reasonably required as part of reasonable and normal parental, cultural, communal or other civic obligations, unless it is repugnant to the general principles of humanity. 18. protection from inhuman or degrading treatment the dignity of every person is inviolable. a person shall not be subjected to torture or to inhuman or degrading treatment or punishment. 19. protection from deprivation of property a person has a right to own property either alone or in association with others. a person shall not be compulsorily deprived of property or any interest in or right over property of any description except where the following conditions are satisfied the taking of possession or acquisition is necessary for public use or in the interest of defence, public safety, public order, public morality or public health; the compulsory taking of possession or acquisition of the property is made under a law which makes provision for prompt payment of fair and adequate compensation; and a right of access to a court of law by any person who has an interest in or right over the property; the taking of possession or the acquisition is made under a court order. 20. equality before the law all persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law. for the avoidance of any doubt, a person shall not be discriminated against on the grounds of gender, race, colour, ethnic origin, tribe, birth, creed or religion, or social or economic standing, political opinion, age or disability. for the purposes of this section, “discriminate” means to give different treatment to different persons attributable only or mainly to their respective descriptions by gender, race, colour, ethnic origin, birth, tribe, creed or religion, or social or economic standing, political opinion, age or disability. subject to the provisions of subsection (5) parliament shall not be competent to enact a law that is discriminatory either of itself or in its effect. nothing in this section shall prevent parliament from enacting laws that are necessary for implementing policies and programmes aimed at redressing social, economic or educational or other imbalances in society. 21. right to fair hearing in the determination of civil rights and obligations or any criminal charge a person shall be given a fair and speedy public hearing within a reasonable time by an independent and impartial court or adjudicating authority established by law. a person who is charged with a criminal offence shall bepresumed to be innocent until that person is proved or has pleaded guilty; informed as soon as reasonably practicable, in a language which that person understands and in sufficient detail, of the nature of the offence or charge; entitled to legal representation at the expense of the government in the case of any offence which carries a sentence of death or imprisonment for life; given adequate time and facilities for the preparation of the defence; permitted to present a defence before the court either directly or through a legal representative chosen by that person; afforded facilities to examine in person or by a legal representative the witnesses called by the prosecution and to obtain the attendance of witnesses to testify on behalf of that person on the same conditions as those applying to witnesses called by the prosecution; and permitted to have, without payment, the assistance of an interpreter if that person cannot understand the language used at the trial. except with the free consent of the person concerned and for purposes of subsection (2), the trial shall not take place in the absence of that person unless that person acts so as to render the continuance of the proceedings in the presence of that person impracticable and the court has ordered that person to be removed and the trial to proceed in the absence of that person. where a person is tried for any criminal offence, the accused person or person authorised by the accused person shall, if the accused person or person authorised by the accused person so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court. a person shall not be charged with or held to be guilty of a criminal offence on account of any act or omission that did not, at the time the act or omission took place, constitute an offence. a penalty shall not be imposed for any criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed. a person who has been tried by a competent court for a criminal offence and either convicted or acquitted shall not again be tried for that offence or for any other criminal offence of which that person could have been convicted at the trial for the offence, save upon the order of a superior court made in the course of appeal or review proceedings relating to the conviction or acquittal. a person shall not be tried for a criminal offence where that person has been pardoned for that offence. a person who is tried for a criminal offence shall not be compelled to give evidence at the trial. any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other adjudicating authority, the case shall be given a fair hearing within a reasonable time. all proceedings of every court or adjudicating authority shall be held in public. notwithstanding the provisions of subsection (11), a court or adjudicating authority may, unless it is otherwise provided by act of parliament, exclude from its proceedings persons other than the parties and their legal representatives to such extent as the court may consider in circumstances where publicity may unduly prejudice the interests of defence, public safety, public order, justice, or public morality or would prejudice the welfare of persons under the age of eighteen years or as the court may deem appropriate; or in interlocutory proceedings; shall, where it is so prescribed by a law that is reasonably required in the interests of defence, public safety, public order, justice, public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of the persons concerned in the proceedings, exclude from its proceedings persons, other than the parties and their legal representatives, to such extent as is so prescribed. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (2) (a) to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts; subsection (2) (e) to the extent that the law in question prohibits legal representation before a swazi court or before any swazi court hearing appeals from such a court; subsection (2) (f) to the extent that the law in question imposes conditions that should be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or subsection (7) to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying and convicting that member shall in sentencing that member to any punishment take into account any punishment awarded under that disciplinary law. in the case of a person who is held in lawful detention, the provisions of subsections (1), (2) (e) and (f) and (3) shall not apply in relation to the trial of that person for a criminal offence under the law regulating the discipline of persons held in such detention. in this section “criminal offence” means a criminal offence under the law of swaziland, and “proceedings” in relation to a court or adjudicating authority includes the announcement of the decision of the court or adjudicating authority. 22. protection against arbitrary search or entry a person shall not be subjected – to the search of the person or the property of that person; to the entry by others on the premises of that person; to the search of the private communications of that person, except with the free consent of that person first obtained. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision that is reasonably required in the interests of defence, public safety, public order, public morality, public health, town and country planning, the development and utilisation of mineral resources, or the development or utilisation of any other property in such a manner as to promote the public benefit; is reasonably required for the purpose of promoting the rights or freedoms of other persons; authorises an officer or agent of the government or of a local government authority, or of a body corporate established by law for public purposes, to enter on the premises of any person in order to inspect those premises or anything on those premises for the purposes of any tax, rate or due or in order to carry out work connected with any property that is lawfully on those premises and that belongs to that government, authority, or body corporate as the case may be; authorises, for the purposes of enforcing the judgement or order of a court in any civil proceedings, the entry upon any premises by order of a court, except so far as, in respect of paragraph (c) or (d) that provision or, as the case may be, the thing done under the authority of that government, local authority or body corporate is shown not to be reasonably justifiable in a democratic society. 23. protection of freedom of conscience or religion a person has a right to freedom of thought, conscience or religion. except with the free consent of that person, a person shall not be hindered in the enjoyment of the freedom of conscience, and for the purposes of this section freedom of conscience includes freedom of thought and of religion, freedom to change religion or belief, and freedom of worship either alone or in community with others. a religious community is entitled to establish and maintain places of education and to manage any place of education which that community wholly maintains, and that community may not be prevented from providing religious instruction for persons of that community in the course of any education provided at any place of education which that community wholly maintains or in the course of any education which that community otherwise provides. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision that is reasonably required in the interest of defence, public safety, public order, public morality or public health; or that is reasonably required for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion or belief without the unsolicited intervention of members of any other religion or belief. 24. protection of freedom of expression a person has a right of freedom of expression and opinion. a person shall not except with the free consent of that person be hindered in the enjoyment of the freedom of expression, which includes the freedom of the press and other media, that is to say freedom to hold opinions without interference; freedom to receive ideas and information without interference; freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons); and freedom from interference with the correspondence of that person. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision that is reasonably required in the interests of defence, public safety, public order, public morality or public health; that is reasonably required for the purpose of – protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings; preventing the disclosure of information received in confidence; maintaining the authority and independence of the courts; or regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless broadcasting or television or any other medium of communication; or that imposes reasonable restrictions upon public officers, except so far as that provision or, as the case may be, the thing done under the authority of that law is shown not to be reasonably justifiable in a democratic society. 25. protection of freedom of assembly and association a person has the right to freedom of peaceful assembly and association. a person shall not except with the free consent of that person be hindered in the enjoyment of the freedom of peaceful assembly and association, that is to say, the right to assemble peacefully and associate freely with other persons for the promotion or protection of the interests of that person. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision that is reasonably required in the interests of defence, public safety, public order, public morality or public health; that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or that imposes reasonable restrictions upon public officers, except so far as that provision or, as the case may be, the thing done under the authority of that law is shown not to be reasonably justifiable in a democratic society. without prejudice to the generality of subsection (2), nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision for the registration of trade unions, employers organisations, companies, partnerships or co-operative societies and other associations including provision relating to the procedure for registration, prescribing qualifications for registration and authorising refusal of registration on the grounds that the prescribed qualifications are not fulfilled; or for prohibiting or restricting the performance of any function or the carrying on of any business by any such association as is mentioned in paragraph (a) which is not registered. a person shall not be compelled to join or belong to an association. 26. protection of freedom of movement a person shall not be deprived of the freedom of movement, that is to say, the right to move freely throughout swaziland, the right to reside in any part of swaziland, the right to enter swaziland, the right to leave swaziland and immunity from expulsion from swaziland. any restriction on the freedom of movement of a person or residence that is involved in the lawful detention of that person shall not be held to be inconsistent with or in contravention of this section. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision for the imposition of restrictions on the movement or residence within swaziland of any person or on the right of any person to leave swaziland that are reasonably required in the interests of defence, public safety or public order; for the imposition of restrictions on the movement or residence within swaziland of persons generally or any class of persons that are reasonably required in the interests of defence, public safety, public order, public morality or public health, and except so far as that provision or, as the case may be, the thing done under the authority of that law is shown not to be reasonably justifiable in a democratic society; for the imposition of restrictions, by order of a court, on the movement or residence within swaziland of any person or on the right of any person to leave swaziland either in consequence of having been found guilty of criminal offence under the law of swaziland or for the purpose of ensuring the appearance of that person before a court at a later date for the trial of such a criminal offence or for proceedings preliminary to trial or for proceedings relating to the extradition or lawful removal from swaziland of that person; for the imposition of restrictions on the freedom of entry or movement of any person who is not a citizen of swaziland; for the imposition of restrictions on the movement or residence within swaziland of any person who holds or is acting in any public office; for the removal of a person from swaziland to be tried or punished in some other country for criminal offence under the law of that other country or to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offence under the law of swaziland of which that person has been convicted; or for the imposition of restrictions on the right of any person to leave swaziland that are reasonably required in order to secure the fulfilment of any obligation imposed on that person by law. if any person whose freedom of movement has been restricted by virtue of such a provision as is referred to in subsection (3)(a) so requests at any time during the period of that restriction not earlier than three months after the order imposing that restriction was made or three months after he last made such a request, as the case may be, the case of that person shall be reviewed by the commission on human rights and public administration. on any review by a tribunal in pursuance of subsection (4) of the case of any person whose freedom of movement has been restricted, the tribunal may make recommendations concerning the necessity or expediency of continuing that restriction to the authority by whom it was ordered and, unless it is otherwise provided by law, that authority shall be obliged to act in accordance with any such recommendations. nothing contained in or done under the authority of any provision of swazi law and custom shall be held to be inconsistent with or in contravention of this section to the extent that that provision authorises the imposition of restrictions upon the freedom of any person to reside in any part of swaziland. 27. rights and protection of the family men and women of marriageable age have a right to marry and found a family. marriage shall be entered into only with the free and full consent of the intending spouses. the family is the natural and fundamental unit of society and is entitled to protection by the state. motherhood and childhood are entitled to special care and assistance by society and the state. society and the state have the duty to preserve and sustain the harmonious development, cohesion and respect for the family and family values. subject to the availability of resources, the government shall provide facilities and opportunities necessary to enhance the welfare of the needy and the elderly. 28. rights and freedoms of women women have the right to equal treatment with men and that right shall include equal opportunities in political, economic and social activities. subject to the availability of resources, the government shall provide facilities and opportunities necessary to enhance the welfare of women to enable them to realise their full potential and advancement. a woman shall not be compelled to undergo or uphold any custom to which she is in conscience opposed. 29. rights of the child a child has the right to be protected from engaging in work that constitutes a threat to the health, education or development of that child. a child shall not be subjected to abuse or torture or other cruel inhuman and degrading treatment or punishment subject to lawful and moderate chastisement for purposes of correction. the child has the right to be properly cared for and brought up by parents or other lawful authority in place of parents. children whether born in or out of wedlock shall enjoy the same protection and rights. children have the duty to respect their parents at all times and to maintain those parents in case of need. every swazi child shall within three years of the commencement of this constitution have the right to free education in public schools at least up to the end of primary school, beginning with the first grade. parliament shall enact laws necessary to ensure that a child has the right to the same measure of special care, assistance and maintenance as is necessary for its development from its natural parents, except where those parents have effectively surrendered their rights and responsibilities in respect of the child in accordance with law; a child is entitled to reasonable provision out of the estate of its parents; parents undertake their natural right and obligation of care, maintenance and proper upbringing of their children; and children receive special protection against exposure to physical and moral hazards within and outside the family. 30. rights of persons with disabilities persons with disabilities have a right to respect and human dignity and the government and society shall take appropriate measures to ensure that those persons realise their full mental and physical potential. parliament shall enact laws for the protection of persons with disabilities so as to enable those persons to enjoy productive and fulfilling lives. 31. abolition of the status of illegitimacy for the avoidance of doubt, the (common law) status of illegitimacy of persons born out of wedlock is abolished. 32. rights of workers a person has the right to practise a profession and to carry on any lawful occupation, trade or business. a worker has a right to – freely form, join or not to join a trade union for the promotion and protection of the economic interests of that worker; and collective bargaining and representation. the employer of a female worker shall accord that worker protection before and after child birth in accordance with law. parliament shall enact laws to provide for the right of persons to work under satisfactory, safe and healthy conditions; ensure equal payment for equal work without discrimination; ensure that every worker is accorded rest and reasonable working hours and periods of holidays with pay as well as remuneration for public holidays; and protect employees from victimisation and unfair dismissal or treatment. 33. right to administrative justice a person appearing before any administrative authority has a right to be heard and to be treated justly and fairly in accordance with the requirements imposed by law including the requirements of fundamental justice or fairness and has a right to apply to a court of law in respect of any decision taken against that person with which that person is aggrieved. a person appearing before any administrative authority has a right to be given reasons in writing for the decision of that authority. 34. property rights of spouses a surviving spouse is entitled to a reasonable provision out of the estate of the other spouse whether the other spouse died having made a valid will or not and whether the spouses were married by civil or customary rites. parliament shall, as soon as practicable after the commencement of this constitution, enact legislation regulating the property rights of spouses including common-law husband and wife. 35. enforcement of protective provisions where a person alleges that any of the foregoing provisions of this chapter has been, is being, or is likely to be, contravened in relation to that person or a group of which that person is a member (or, in the case of a person who is detained, where any other person alleges such a contravention in relation to the detained person) then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the high court for redress. the high court shall have original jurisdiction – to hear and determine any application made in pursuance of subsection (1); to determine any question which is referred to it in pursuance of subsection (3); and may make such orders, issue such writs and make such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of this chapter. if in any proceedings in any court subordinate to the high court any question arises as to the contravention of any of the provisions of this chapter, the person presiding in that court may, and shall where a party to the proceedings so requests, stay the proceedings and refer the question to the high court unless, in the judgement of that person, which shall be final, the raising of the question is merely frivolous or vexatious. where any question is referred to the high court in pursuance of subsection (3) the high court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal to the supreme court, in accordance with the decision of the supreme court. an appeal shall not lie, without the leave of the supreme court, from any determination by the high court that an application made in pursuance of subsection (1) is merely frivolous or vexatious. provision may be made by or under an act of parliament for conferring upon the high court such powers in addition to those conferred by this section as may appear to be necessary or expedient for the purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by this section. the chief justice may make rules for purposes of this section with respect to the practice and procedure of the high court (including rules with respect to the time within which applications to that court may be made). 36. declaration of emergency the king may, on the advice of the prime minister, by proclamation which shall be published in the gazette, declare that a state of emergency exists in swaziland or any part of swaziland for the purposes of this chapter. the provisions of subsection (1) shall not apply and a proclamation shall not be issued under that subsection and where issued that proclamation shall not be effective in law unless swaziland is at war or circumstances have arisen making imminent a state of war between swaziland and a foreign state; there is in swaziland a natural disaster or imminent threat of a natural disaster; or there is action taken or immediately threatened by a person or body of persons of such a nature or on so extensive a scale as to be likely to endanger the public safety or to deprive the community or a significant part of that community of supplies or services essential to the life of the community. copies of the gazette containing the proclamation of a state of emergency shall as soon as practicable and at any rate not later than seven days from date of publication of that proclamation be laid before parliament by the prime minister. a declaration under subsection (1) if not sooner revoked, shall cease to have effect in the case of a declaration made when parliament is sitting or has been summoned to meet within three days, at the expiration of a period of seven days beginning with the date of publication of the declaration; in any other case, at the expiration of a period of twenty-one days beginning with the date of publication of the declaration, unless, before the expiration of that period, the declaration is approved by a resolution passed by a two-thirds majority at a joint sitting of all the members of the senate and the house. subject to the provisions of subsection (12), the joint sitting referred to in subsection (4) shall not dissolve but only be adjourned to be reconvened from time to time by the president of the senate or the speaker of the house until the emergency is ended. a declaration approved by a resolution passed at a joint sitting under subsection (4) shall continue in force until the expiration of a period of three months beginning with the date upon which that declaration was so approved or until such earlier date as may be specified in the resolution. notwithstanding the provisions of subsection (6), the declaration may be extended from time to time for periods of not more than three months at a time by a resolution passed by a three-fifths majority at a joint sitting of all the members of senate and the house. where a person is detained or restricted by virtue of a power exercised in the absolute discretion of any authority and conferred by any such law as is referred to in section 38(1), the following shall apply, that is to say that person shall, as soon as reasonably practicable and in any case not more than seventy two hours after the detention or restriction, be furnished with a statement in writing in a language that the person understands specifying in sufficient detail the grounds upon which that person is detained or restricted; not more than five days after detention or restriction, a notification shall be published in the gazette stating that the person has been detained or restricted and giving particulars of the provision of law under which the detention or restriction is authorised; not more than fourteen days after detention or restriction and thereafter at intervals of three months, the case of that person shall be reviewed by the commission on human rights and public administration; the detained or restricted person shall be afforded reasonable facilities to consult a legal practitioner who shall be permitted to make representations to the tribunal; and at the hearing before the tribunal, that person may appear in person or by legal representative. on any review by a tribunal of the case of a detained or restricted person the tribunal may make recommendations concerning the necessity or expediency of continuing the detention or restriction to the authority by which the detention or restriction was ordered and the authority shall be obliged to act in accordance with any such recommendations. where movement of persons is restricted or curfew imposed, that restriction or curfew, unless lifted within twenty-one days, shall be reviewed by the tribunal appointed in terms of subsection (8) (c) at intervals of not more than one month and any person or group of persons affected by the restriction or curfew may make submissions to the tribunal. where the public emergency has been extended beyond twenty-one days, the prime minister shall make a report to a joint sitting of the senate and the house stating among other things, the number of persons, if any, detained or restricted in terms of this section, the status of the emergency and the public reaction to the continued state of emergency. the provisions of the first schedule shall apply with respect to the summoning and procedure of the joint sitting of the senate and the house. 37. derogations during public emergency without prejudice to the power of parliament to make provision in any situation or the provisions of section 38, nothing contained in or done under the authority of a law shall be held to be inconsistent with or in contravention of any provision of this chapter to the extent that the law authorises the taking, during any period of public emergency, of measures that are reasonably justifiable for dealing with the situation that exists during that period. a law that is passed during a period of public emergency and is expressly declared to have effect only during that period shall have effect in terms provided in the section of this chapter under which that law is passed. 38. prohibition of certain derogations notwithstanding anything in this constitution, there shall be no derogation from the enjoyment of the following rights and freedoms life, equality before the law and security of person; the right to fair hearing; freedom from slavery or servitude; the right to an order in terms of section 35 (1); and freedom from torture, cruel, inhuman or degrading treatment or punishment. 39. saving clauses and interpretation save as may otherwise be expressly indicated, nothing contained in section 21 (2) or section 36 (8) shall be construed as entitling a person to legal representation at public expense. nothing contained in section 20, 24 or 25 shall be construed as precluding the inclusion in the terms and conditions of service of public officers of reasonable requirements as to the communication or association with other persons or as to the movement or residence of those officers. in relation to a person who is a member of a disciplined force of swaziland, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this chapter other than sections 15, 17, or 18. measures taken in relation to a person who is a member of a disciplined force of a country with which swaziland is at war and any law, to the extent that it authorises the taking of any of those measures shall not be held to be inconsistent with or in contravention of any of the provisions of this chapter. the provisions of section 36 (8) do not apply in the case of a detained or restricted person who is a citizen of a country which is at war with swaziland or has been engaged in hostilities against swaziland in association with or on behalf of that country or otherwise assisting that country. in this chapter, unless the context otherwise requires – “contravention”, in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly; “court” means a court of law having jurisdiction in swaziland, but does not include, save in sections 15 and 17, a court established by a disciplinary law; “disciplinary law” means law regulating the discipline of any disciplined force; “disciplined force” means – an air, military or naval force; the swaziland royal police service; the swaziland correctional services. “member” in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline; “period of public emergency” means any period so declared under section 36. “property” means property, movable or immovable, corporeal or incorporeal, of any description whatever including swazi nation land and any right or interest lawfully held by any person in that property. chapter iv. citizenship part 1. acquisition of citizenship 40. citizen of swaziland a person who, on the commencement of this constitution, is a citizen of swaziland shall continue to be such citizen. 41. citizenship by descent a person born, whether before or after the commencement of this constitution and whether in or outside of swaziland, is a citizen by descent if by birth that person is a descendant. 42. citizenship by operation of law a person born in or outside swaziland before the commencement of this constitution shall be a citizen of swaziland by operation of law if at the birth of that person one of the parents was a citizen of swaziland. in this section “citizen by operation of law” refers to a person who was born before the existence of the status of a citizen of swaziland and was a member of a class of persons generally regarded as swazi by descent; and subsequently declared by law to be citizens of swaziland. this section shall cease to apply to a person being a citizen of another country who, on being so required by the board in terms of section 49 (1) (d), has failed to renounce that other citizenship within one year after that person attains the age of majority (or within such extended period as the board may allow); or where that person attained the age of majority before the commencement of this constitution, within one year after that commencement (or within such extended period as the board may allow). 43. citizenship by birth a person born in swaziland after the commencement of this constitution is a citizen of swaziland by birth if at the time of birth the father of that person was a citizen of swaziland in terms of this constitution. a person born outside swaziland after the commencement of this constitution is a citizen of swaziland if at the time of birth the father of that person was a citizen of swaziland in terms of this constitution. a person born outside swaziland who becomes a citizen by virtue of subsection (2) shall cease to be a citizen if the father of that person was also born outside swaziland unless, within one year after attaining the age of majority (or within such extended time as the board may allow) that person notifies the board in writing of the desire to retain the citizenship of swaziland. where a child born outside of marriage is not adopted by its father or claimed by that father in accordance with swazi law and custom and the mother of that child is a citizen of swaziland, the child shall be a citizen of swaziland by birth. a child adopted, whether before or after the commencement of this constitution, under the legislation relating to the adoption of children or under customary law, shall, if not already a citizen, be deemed to be a citizen of swaziland by birth if, at the time of adoption the adoptive parent was a citizen of swaziland or would have been a citizen if this constitution were in force. 44. citizenship by marriage a woman who is not a citizen of swaziland at the date of her marriage to a person who is a citizen (otherwise than by registration) shall become a citizen by lodging a declaration in the prescribed manner with the minister responsible for citizenship or with any diplomatic mission or consular office of swaziland or at any other prescribed office, either before or at any time during the marriage, accepting swaziland citizenship. a woman who lodges a declaration in terms of subsection (1) shall be a citizen from the date of her marriage, where the declaration is lodged before the marriage, or where the declaration is lodged after marriage, from date of lodgement. this section applies to marriage whether before or after the commencement of this constitution. 45. citizenship by registration a person may acquire citizenship by registration where that person satisfies the board on the conditions set out in subsection (2), (3) or (4). the conditions for registration of a person are that the personhas been ordinarily and lawfully resident in swaziland, for a continuous period of at least twelve months immediately preceding the date of application for registration; and for periods amounting in the aggregate to not less than five years during the seven years preceding the date of application for registration. is of good character; has an adequate knowledge of siswati or english; intends, in the event of citizenship being granted, to reside in swaziland; has adequate means for support whilst in swaziland; and has contributed and shall contribute to the development of the country. a person who is ordinarily resident in swaziland and has been so resident for a period of at least ten years and whose application is supported by a chief after consultation with bandlancane or supported by three reputable citizens, may be registered as a citizen. citizenship by registration shall not be granted to any person under this section until that person has taken the oath or affirmation of allegiance in the second schedule or such other oath or affirmation as may be prescribed. the person to whom citizenship is granted in terms of this section shall be a citizen from the date on which a certificate of registration as a citizen is granted. in this section, “bandlancane” means a chief’s council established in accordance with swazi law and custom. 46. posthumous children a child born after the death of the father shall be deemed to be a citizen under this chapter on the same conditions as if the father were alive when that child was born. 47. foundlings a deserted child of not more than seven years found in swaziland shall, unless the contrary is proved, be deemed to have been born in swaziland and shall be treated for the purposes of this chapter as a citizen by birth. 48. birth aboard a ship or aircraft a person born aboard a ship or aircraft registered in swaziland wherever it may be shall be deemed to be born in swaziland. a person born aboard an unregistered ship or aircraft of the government shall be deemed to be born in swaziland. part 2. loss of citizenship 49. deprivation of citizenship a person who is a citizen of swaziland by registration may be deprived of that citizenship by order of the board where the board is satisfied that – the issue of the relevant certificate has been declared by a court to have been procured by fraud, misrepresentation or concealment of material facts; the person has shown himself by any overt act other than marriage to have acquired another citizenship; the person has by any voluntary act other than marriage acquired another citizenship; the person has, on being so required by the board, failed to renounce the citizenship of any other country; the person has been resident outside swaziland (otherwise than in the public service) for a continuous period of seven years and during that period has failed without reasonable excuse to register with the board at such times and in such manner as may be prescribed a declaration of intention to retain citizenship of swaziland, and that on any of these grounds it is not conducive to the public good that the person should continue to be a citizen of swaziland. a woman who acquired citizenship as a consequence of her marriage to a citizen of swaziland, may be deprived of that citizenship where the marriage was entered into merely for the purpose of acquiring citizenship. before making a revocation order, the board shall give notice to the person concerned of the fact that the revocation of the citizenship of that person is being considered, stating the grounds for revocation and the right of that person to apply to the board within the period stipulated in the notice challenging the revocation order and giving reasons in support of the challenge. the board shall investigate the case and where reasonably practicable hear the person or the legal representative of that person. in depriving a person of swaziland citizenship, the board shall endeavour not to render the person stateless. in this section “registration” includes naturalisation or registration (otherwise than as of right) under any law that existed before the commencement of this constitution. 50. renunciation of citizenship if a citizen of swaziland who has attained the age of majority, or being a woman is or is about to be married, is or is about to become a citizen of another country and for that reason desires to renounce his or her citizenship of swaziland, that citizen may do so by lodging with the board a declaration of renunciation of that citizenship and, upon lodgement of the declaration or, if not then a citizen of that other country, upon becoming that citizen, he or she shall cease to be a citizen of swaziland. 51. preservation of obligations on cessation of citizenship where a person ceases to be a citizen of swaziland that cesser shall not of itself operate to discharge any obligations, duty or liability undertaken, imposed or incurred before the cessation. 52. death of citizen or loss of citizenship the death of a citizen of swaziland shall not affect the citizenship of a surviving spouse or child or another dependant. loss of swazi citizenship by a person shall not of itself affect the citizenship of a spouse or child. 53. citizenship board there shall be a citizenship board which shall have the exclusive authority to grant or cancel citizenship by registration; investigate and where appropriate revoke the citizenship of any person under section 49; advise the minister responsible for citizenship on any other aspects relating to citizenship; and do such things as are incidental or related to the exercise of its powers. the board shall consist of a chairman and not more than seven members appointed by the king on the advice of the minister responsible five of whom shall constitute a quorum and the chief immigration officer shall be ex officio member. at least one of the members of the board shall have such qualification as is required for appointment as a judge of the high court. the chairman and members of the board shall hold office for a period not exceeding five years and shall be eligible for a single re-appointment. the chairman and members of the board may be removed from office by the king on the advice of the minister responsible for incapacity (whether from infirmity of the body or mind) or for misbehaviour. a person who has a case before the board shall have the right to be heard and to be represented by a legal practitioner at the hearing. all matters submitted for consideration by the board shall be finalised within a period of six months. 54. certificate of citizenship the board shall cause to be issued on request to a citizen of swaziland a certificate of citizenship in prescribed form certifying that that person is a citizen of swaziland. a certificate of citizenship shall be the property of government and shall be delivered up on demand by or on behalf of the board. the board may revoke a certificate of citizenship for good cause. 55. provision for other matters subject to the provisions of this chapter parliament may make law relating to the acquisition or loss of citizenship by registration or naturalisation, including but not limited to, the following – keeping of record of citizens; registration of births abroad; certificate of citizenship; offences; and incidental matters to the above. chapter v. directive principles of state policy and duties of the citizen 56. general objectives the directive principles of state policy contained in this chapter shall guide all organs and agencies of the state, citizens, organisations and other bodies and persons in applying or interpreting this constitution or any other law and in taking and implementing any policy decisions, for the establishment of a just, free and democratic society. the prime minister shall report to parliament at least once a year all the steps taken to ensure the realization of the directive principles contained in this chapter. . the provisions of sections 57 to 63 inclusive are not enforceable in any court or tribunal. the distribution of powers and functions as well as checks and balances provided for in this constitution among the various organs and institutions of government shall be supported through the provision of adequate resources for their effective functioning at all levels. 57. law enforcement objectives law enforcement officials shall at all times fulfil the duty imposed upon them by the law by serving the community and by protecting all persons against illegal acts, consistent with the high degree of responsibility required by their profession. in the performance of their duty, law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all persons. law enforcement officials may not inflict, instigate or tolerate any act of torture or other cruel, inhuman or degrading treatment or punishment, nor may any law enforcement official invoke superior orders or exceptional circumstances as a justification of torture or other cruel, inhuman or degrading treatment or punishment. law enforcement officials shall not commit any act of corruption. they shall also rigorously oppose and combat all those acts. 58. political objectives swaziland shall be a democratic country dedicated to principles which empower and encourage the active participation of all citizens at all levels in their own governance. in the conduct of public affairs the state shall be guided by the principle of decentralisation and devolution of governmental functions and powers to the people at appropriate levels where the people can best manage and direct their own affairs. the state shall cultivate among all the people of swaziland through various measures including civic education respect for fundamental human rights and freedoms and the dignity of the human person. all associations aspiring to manage and direct public affairs shall conform to democratic principles in their internal organisations and practice. all lawful measures shall be taken to expose, combat and eradicate corruption and abuse or misuse of power by those holding political and other public offices. the state shall promote, among the people of swaziland, the culture of political tolerance and all organs of state and people of swaziland shall work towards the promotion of national unity, peace and stability. the state shall provide a peaceful, secure and stable political environment which is necessary for economic development. 59. economic objectives the state shall take all necessary action to ensure that the national economy is managed in such a manner as to maximise the rate of economic development and to secure the maximum welfare, freedom and happiness of every person in swaziland and to provide adequate means of livelihood and suitable employment and public assistance to the needy. the state shall, in particular, take all necessary steps to establish a sound and healthy economy whose underlying principles shall include the guarantee of a fair and realistic remuneration for production and productivity in order to encourage continued production and higher productivity; affording ample opportunity for individual initiative and creativity in economic activities and fostering an enabling environment for a pronounced role of the private sector in the economy; ensuring that individuals and the private sector bear their fair share of social and national responsibilities including responsibilities to contribute to the overall development of the country; undertaking even and balanced development of all regions and in particular improving the conditions of life in the rural areas, and generally, redressing any imbalance in development between the rural and urban areas; and the recognition that the most secure democracy is the one that assures the basic necessities of life for its people as a fundamental duty. the state shall take appropriate measures to promote the development of agriculture and industry. foreign direct investment shall be encouraged subject to any law regulating investment. the state shall afford equality of economic opportunity to all citizens and, in particular, the state shall take all necessary steps so as to ensure the full integration of women into the mainstream of economic development. the state shall endeavour to settle the “land issue” and the issue of land concessions expeditiously so as to enhance economic development and the unity of the swazi people. 60. social objectives the state shall guarantee and respect institutions which are charged by the state with responsibility for protecting and promoting human rights and freedoms by providing those institutions with adequate resources to function effectively. the state shall guarantee and respect the independence of nongovernmental organisations which protect and promote human rights. the state shall give the highest priority to the enactment of legislation for economic empowerment of citizens. the state shall ensure gender balance and fair representation of marginalized groups in all constitutional and other bodies. the state shall make reasonable provision for the welfare and maintenance of the aged and shall protect the family and recognise the significant role of the family in society. the state and society shall recognise the right of persons with disabilities to respect and human dignity. the state shall promote recreation and shall ensure that adequate facilities for sports are provided throughout the country and that sports are provided as a means of fostering national integration, health and self-discipline as well as international friendship and understanding. without compromising quality the state shall promote free and compulsory basic education for all and shall take all practical measures to ensure the provision of basic health care services to the population. the state shall institute an effective machinery for dealing with any hazard or disaster arising out of natural calamities or any situation resulting in general displacement of people or serious disruption of their normal life. the state shall take steps to encourage the integration of appropriate customary values into the fabric of national life through formal and informal education and shall ensure that appropriate customary and cultural values are adapted and developed as an integral part of the growing needs of the society as a whole. the state shall endeavour to preserve and protect places of historical interest and artefacts and the environment. all public offices shall be held in trust for the people and the state shall do everything to ensure transparency in the conduct of public affairs. 61. foreign policy objectives in its dealings with other nations, the government shall – promote and protect the interests of swaziland; seek the establishment of a just and equitable international economic and social order; promote respect for international law, treaty obligations and the settlement of international disputes by peaceful means; be opposed to all forms of domination, racism and other forms of oppression and exploitation. swaziland shall actively participate in international and regional organisations that stand for peace and for the well-being and progress of humanity. 62. objectives on independence of the judiciary the independence of the judiciary as enshrined in this constitution or any other law shall be guaranteed by the state. it is the duty of all governmental and other institutions to respect and observe the independence of the judiciary. the judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason. the judiciary shall have jurisdiction over all issues of a judicial nature and shall have exclusive authority to decide whether an issue is within its competence as defined by law. there shall be no inappropriate or unwarranted interference with the judicial process, nor shall judicial decisions by the courts be subject to revision. this principle is without prejudice to judicial review in accordance with the law. persons selected for judicial office shall be individuals of integrity and ability with appropriate training or qualifications in law. any method of judicial selection shall safeguard against judicial appointments, promotion or transfer for improper motives. the term of office of judges, their independence, security, adequate remuneration, conditions of service, pensions and the age of retirement shall be adequately secured by law. 63. duties of the citizen the exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations, and accordingly, it shall be the duty of every citizen to – uphold and defend this constitution and the law; promote the prestige and good name of swaziland and respect the symbols of the nation; further the national interest and to foster national unity; respect the rights, freedoms and legitimate interests of others, and generally to refrain from doing acts detrimental to the welfare of other persons; promote democracy and the rule of law; work conscientiously in the lawfully chosen occupation of that citizen; protect and preserve public property, and to combat misuse and waste of public funds and property; co-operate with lawful agencies in the maintenance of law and order; and protect and safeguard the environment. chapter vi. the executive 64. executive authority of swaziland the executive authority of swaziland vests in the king as head of state and shall be exercised in accordance with the provisions of this constitution. the king shall protect and defend this constitution and all laws made under or continued in force by this constitution. subject to the provisions of this constitution, the king may exercise the executive authority either directly or through the cabinet or a minister. the king in his capacity as head of state has authority, in accordance with this constitution or any other law, among other things to assent to and sign bills; summon and dissolve parliament; receive foreign envoys and appoint diplomats; issue pardons, reprieves or commute sentences; declare a state of emergency; confer honours; establish any commission or vusela; and order a referendum. 65. exercise of king’s functions in the exercise of the functions under this constitution or any other law the king shall act on the advice of the cabinet or a minister acting under the general authority of the cabinet, except where any function under this constitution is expressed (in whatever terms) to be exercisable by him acting in his discretion or on the advice or the recommendation of or after consultation with any other person or authority; any function conferred by any other law is expressed (in whatever terms) to be exercisable by him in his discretion; and the provisions of section 158(5), 159(5), 175(4) or paragraph 1(1) of the first schedule apply. where, in terms of subsection (1), the cabinet or a minister gives advice to the king, the king may refer back that advice for further consideration by the cabinet, and cabinet shall meet within ten days to reconsider the advice as required by the king. where the king is required to exercise any function on the advice or recommendation of any person or authority, he shall exercise that function on that advice or recommendation, save that the king may before acting on the advice or recommendation, in his discretion, once refer back that advice or recommendation in whole or in part for reconsideration within ten days by the person or authority concerned. where the king is required by this constitution to exercise any function after consultation with any person or authority, the king may or may not exercise that function following that consultation. 66. the cabinet of ministers there shall be a cabinet which shall consist of the prime minister, deputy prime minister and such number of ministers as the king, after consultations with the prime minister, may deem necessary for the purpose of administering and executing the functions of the government. the prime minister shall be the chairman of the cabinet and leader of government business in parliament. 67. appointment of prime minister and other ministers the king shall appoint the prime minister from among members of the house acting on recommendation of the king’s advisory council. the king shall appoint ministers from both chambers of parliament on the recommendation of the prime minister. at least half the number of ministers shall be appointed from among the elected members of the house. 68. vacation of office of prime minister or minister the office of the prime minister shall become vacant where – the king revokes the appointment for incompetence; the prime minister is declared an insolvent; the prime minister ceases to be a member of the house; the prime minister resigns from office; after a resolution of no confidence in the prime minister is passed by at least two thirds majority of all members of the house, the king removes the prime minister; the prime minister is removed from office for misbehaviour or inability to perform the functions of that office (whether arising from infirmity of body or mind); or the prime minister dies. where the king considers the question of removing the prime minister from office in terms of subsection (1) (f) the king shall appoint a tribunal, which shall consist of a chairman who shall be the chief justice and two other reputable persons one of whom should have held the position of a minister, speaker of the house or president of the senate; the tribunal shall enquire into the matter and report to the king whether or not to remove the prime minister from office for inability or misbehaviour. the prime minister shall not hold office for more than two consecutive terms. the office of a minister shall become vacant where the king, acting on the recommendation of the prime minister, revokes that appointment; the minister is declared an insolvent; the minister ceases to be a member of parliament; the minister resigns from office; after a resolution of no confidence is passed by at least two thirds majority of all the members of the house on the minister, the king removes the minister; the minister dies; or the minister is removed from office for misbehaviour or inability to perform the functions of that office. where a resolution of no confidence is passed on the cabinet by a threefifths majority of all members of the house the king shall dissolve the cabinet. a minister shall not be in office for more than two consecutive terms. for purposes of this section a vote of no confidence in the cabinet, prime minister or minister shall not be moved more than once in a session; any period served in an office within the life of parliament constitutes a “term of office”. 69. responsibility of cabinet the cabinet shall keep the king fully informed about the general conduct of the government of swaziland and shall furnish the king with such information as the king may require in respect of any particular matter relating to the government of swaziland the cabinet shall be collectively responsible to parliament for any advice given to the king by or under the general authority of the cabinet and for all things done by or under the authority of any minister in the execution of the office of minister. the cabinet shall formulate and implement the policy of the government in line with any national development strategy or plan and perform such other functions as may be conferred by this constitution or any other law. 70. assignment of responsibilities the king may, after consultation with the prime minister, assign to the prime minister or any other minister responsibility for the conduct of any business of the government including the administration of any department of government. 71. exercise of the prime minister’s functions during absence or illness where the prime minister is absent from swaziland or is by reason of illness or any other cause unable to exercise the functions conferred on the prime minister by this constitution or any other law, those functions shall be exercised by the deputy prime minster or where the deputy prime minister is for any reason unable to exercise the functions of the office of the prime minister, by such other minister as the king may authorize in writing for a maximum period not exceeding three months. 72. exercise of minister’s functions during absence or illness where a minister is absent from swaziland or is by reason of illness or any other cause unable to exercise the functions of the office of that minister the minister may, after consultation with the prime minister, delegate those functions to another minister in writing for a maximum period not exceeding six months. 73. oaths of office a prime minister, deputy prime minister or minister shall, before assuming the duties of office take and subscribe the oath of allegiance and the oath for the due execution of office as set out in the second schedule. 74. secretary to cabinet there shall be a secretary to the cabinet who shall be the head of the public service and whose office shall be a public office. the king, in appointing the secretary to cabinet, shall act on the advice of the prime minister after recommendation by the civil service commission. the secretary to cabinet shall, in addition to any other functions, which may be conferred by the prime minister or by any other law be chief adviser to the prime minister on management systems, structures and organization of ministries; review and monitor the overall performance of each ministry in implementing government policies and programmes, including the discharge by the principal secretaries of their functions; have charge of cabinet office and be responsible in accordance with the instructions given by the prime minister, for arranging the business and keeping the minutes of the cabinet and for conveying decisions made in cabinet to the appropriate authorities. 75. direction of government departments where a minister has been charged with the responsibility for any department of government, the minister shall be responsible for the policy and general direction and control over such department. two or more government departments may be placed under the responsibility of one minister. 76. principal secretaries the king, shall appoint principal secretaries on a renewable five year contract on the advice of the civil service commission. subject to the provisions of this constitution, a ministry or a department of the government shall be under the supervision of a principal secretary whose office shall be a public office. 77. attorney-general there shall be an attorney-general for swaziland whose office shall be a public office and who shall be appointed by the king acting on the recommendation of the minister responsible for justice after consultation with the judicial service commission. a person shall qualify to be appointed attorney-general where that person qualifies for appointment as a judge of the superior courts. the attorney-general shall – be the principal legal adviser to the government; be ex-officio member of the cabinet; and represent chiefs in their official capacity in legal proceedings. the attorney-general shall, whenever requested so to do, advise the king on any matter of law including any matter relating to any function vested in the king by this constitution or any other law. without prejudice to the general functions under subsection (3), the functions of the attorney-general shall be to draft and sign all government bills to be presented to parliament; draw or peruse agreements, contracts, treaties, conventions and documents, by whatever name called, to which the government is a party or in respect of which the government has an interest; represent the government in courts or in any legal proceedings to which government is a party; be available for consultations with the director of public prosecutions in terms section 162 (7); assist ministers in piloting bills in parliament and provide guidance in legal matters to parliament. perform such other functions as may be assigned to the attorney-general by law. the functions of the attorney-general under subsection (5)(a), (b) (c), (e) and (f) may be exercised by the attorney-general in person or by subordinate officers acting in accordance with the general or special instructions of the attorney-general. subject to the other provisions of this constitution, an agreement, contract, treaty, convention or document by whatever name called, to which government is a party or in respect of which the government has an interest, shall not be concluded without the advice of the attorney-general (in person or by subordinate officers acting in accordance with the general or special instruction of the attorney-general), except in such cases and subject to such conditions as parliament may prescribe. in the exercise of the functions vested in the attorney-general by this constitution, the attorney-general shall not be subject to the direction or control of any other person or authority. the attorney-general shall be disciplined or removed from office by the king in terms of the recommendations following an inquiry by a tribunal consisting of a chairman recommended by the chief justice and two other members appointed by the king. 78. prerogative of mercy the king may, in respect of a person sentenced to death or life imprisonment grant a pardon, either free or subject to lawful conditions; grant to any person a respite, either indefinite or for a specified period; substitute a less severe form of punishment for any punishment imposed on any person for such an offence; or remit the whole or part of that sentence, penalty or forfeiture otherwise due to the government on account of that offence. in the exercise of the powers conferred upon him by subsection (1), the king shall act on the advice of a committee on the prerogative of mercy made up of two persons appointed by the king drawn from the king’s advisory council, the attorney-general, the minister responsible for justice and a suitably qualified medical practitioner recommended by the minister responsible for health and appointed by the king.. the king shall designate one of the members of the committee as chairman. the committee may act notwithstanding any vacancy in its membership or the absence of any member, and the validity of the transaction of business by the committee shall not be affected by the fact that some person who was not entitled to do so took part in the proceedings. whenever any person has been sentenced to death by any court in swaziland other than a court-martial, the chairman shall cause a report on the case by the judge who presided at the trial (or, if a report cannot be obtained from that judge, a report on the case by the chief justice), together with such other information derived from the record of the case or elsewhere as the chairman may require, to be taken into consideration at the meeting of the committee so that the committee may advise the king whether or not to exercise the powers in terms of subsection (1). the provisions of this section shall not apply in relation to any conviction by a court established under a law of a country other than swaziland that has jurisdiction in swaziland in pursuance of arrangements made between the government of swaziland and another government or an international organization relating to the presence in swaziland of members of the armed forces of that other country or in relation to any punishment imposed in respect of any such conviction or any penalty or forfeiture resulting from any such conviction. nothing in this section shall be construed as precluding an act of parliament from making provision of general application under which any sentence of imprisonment shall be reduced where such conditions (being conditions relating to good behaviour by the person on whom the sentence was imposed whilst serving that sentence) as are prescribed are fulfilled. chapter vii. the legislature part 1a. system of government 79. system of government the system of government for swaziland is a democratic, participatory, tinkhundla-based system which emphasises devolution of state power from central government to tinkhundla areas and individual merit as a basis for election or appointment to public office. 80. tinkhundla for purposes of political organisation and popular representation of the people in parliament, swaziland is divided into several areas called tinkhundla. an inkhundla is established by the king on the recommendation of the elections and boundaries commission; consists of one or more chiefdoms which act as nomination areas for the elected members of the house (the primary level elections); is, among other things, also used as a constituency for the election of the elected members of the house (the secondary level elections). the tinkhundla units or areas, inspired by a policy of decentralisation of state power, are the engines of development and the central pillars underpinning the political organisation and economic infrastructure of the country through which social services to the different parts of the swazi community are facilitated and delivered. 81. bucopho (inkhundla committee an inkhundla, as a local authority area, is under the general administration of an executive committee called bucopho. bucopho consists of persons elected from the chiefdoms or polling divisions within an inkhundla and shall have same qualifications as a member of parliament. bucopho operates under the chairmanship of the indvuna yenkhundla who supervises the activities of the inkhundla and also convenes and presides over meetings of the inkhundla. an inkhundla represented by the bucopho has a corporate status and may perform acts as bodies corporate may perform. 82. regional administration swaziland is divided into four administrative regions, namely, hhohho, lubombo, manzini and shiselweni. each region is divided into as many tinkhundla as may be recommended by the elections and boundaries commission. each region has a regional council consisting of persons nominated by each inkhundla in that region from among the bucopho members in the region. a regional council shall advise the regional administrator, on the administration of the region and coordinate social and economic development of the region and perform such other functions within the region as may be prescribed. a regional council may be subdivided into portfolio committees. 83. regional administrator each region is headed by an administrative official called the regional administrator. the regional administrator is appointed by the king on the advice of the minister responsible for tinkhundla. the regional administrator shall convene and preside over meetings of the regional council and perform such other functions as may be prescribed. a regional administrator has the status of a deputy minister and has such other benefits and privileges as may be prescribed. a regional administrator may resign from office or be removed from office by the king on the advice of the prime minister or after a resolution of no confidence passed by a two-thirds majority of all members of the regional council. part 1b. representation of the people 84. right to representation subject to the provisions of this constitution, the people of swaziland have a right to be heard through and represented by their own freely chosen representatives in the government of the country. without derogating from the generality of the foregoing subsection, the women of swaziland and other marginalized groups have a right to equitable representation in parliament and other public structures. 85. right to vote at elections subject to the provisions of this constitution, every swazi or person ordinarily resident in swaziland has a right to vote at any election of members of the house or members of the bucopho. a person is not entitled to vote in terms of subsection (1) if that person is for any reason unable to attend in person at the place and time prescribed for polling except as it may otherwise be prescribed. a person shall not vote at any election in terms of this section except at an inkhundla where that person is registered as a voter unless a special polling arrangement has been prescribed. a person is not entitled to stand as a candidate for election in terms of this section or section 86 unless that person is registered as a voter in that inkhundla or region. 86. representation of women where at the first meeting of the house after any general election it appears that female members of parliament will not constitute at least thirty percentum of the total membership of parliament, then, and only then, the provisions of this section shall apply. for the purposes of this section, the house shall form itself into an electoral college and elect not more than four women on a regional basis to the house in accordance with the provisions of section 95(3). 87. election by secret ballot the election of persons to any chamber of parliament or bucopho shall be by secret ballot at both primary and secondary levels or any other level in accordance with the first-past-the-post system in which the person receiving the highest number of votes is elected. for the purposes of subsection (1), the votes shall be cast in ballot boxes of a design calculated to ensure efficiency and reliability. notwithstanding the principle of secrecy, a voter who is handicapped may be assisted in casting the vote. all nominations for bucopho, or member of parliament shall be open and supported by at least ten persons qualified to vote in that inkhundla. at the primary level, there shall be no canvassing for votes as persons are nominated (that is, invited to serve) on the basis of their being known to that community. for purposes of this section, nomination or election at “primary” or “secondary” level means nomination or election of the elected member of parliament or bucopho as the case may be at the level of chiefdom or polling division or inkhundla respectively. 88. qualification as a voter subject to the provisions of section 89, a person is qualified to be registered as a voter if, and is not otherwise qualified unless, that person has attained the age of eighteen years and is a citizen of or is ordinarily resident in swaziland. a person qualified for the purposes of this section is entitled to be registered as a voter in one inkhundla only. a person is “ordinarily resident” in swaziland where that person has lived in, or has been associated with, that inkhundla for a period of not less than five years or is permanently resident in swaziland and has relevant documents to that effect. 89. disqualification as a voter a person is not qualified to be registered as a voter or to vote where that person is certified to be insane or otherwise adjudged to be of unsound mind under any law for the time being in force in swaziland; is, for an act which is a criminal offence under the law of swaziland, under sentence of death or life imprisonment imposed on that person by a court in any country; or is disqualified for registration as a voter under any law for the time being in force in swaziland relating to offences connected with elections. part 1c. elections and boundaries commission 90. elections and boundaries commission there shall be an independent authority styled the elections and boundaries commission (“the commission”) for swaziland consisting of a chairperson, deputy chairperson and three other members. the members of the commission shall be appointed by the king on the advice of the judicial service commission. a person shall not be appointed member of the commission where that person is a member of parliament; is or has been in the last five years actively engaged in politics; is a public officer other than judge of a superior court or magistrate; is an unrehabilitated insolvent; has been convicted of an offence involving dishonesty in any country during the last ten years. a person shall be deemed to be “actively engaged in politics” or to have been so engaged during the relevant period or any part of that period where that person . is or was at any time during that period a member of the house or a senator; is or was at any time during that period, nominated as a candidate for election to the house or bucopho committee; or is or was at any time during that period the holder of an office in any organisation that sponsors or supports or has at any time sponsored or supported a candidate for election as a member of the house or bucopho committee. the members of the commission shall be appointed for a period not exceeding twelve years without the option for renewal. the chairperson, deputy chairperson and the other members of the commission shall possess the qualifications of a judge of the superior courts or be persons of high moral character, proven integrity, relevant experience and demonstrable competence in the conduct of public affairs. the functions of the commission shall be to . oversee and supervise the registration of voters and ensure fair and free elections at primary, secondary or other level; facilitate civic or voter education as may be necessary in between elections; review and determine the boundaries of tinkhundla areas for purposes of elections; perform such other functions in connection with elections or boundaries as may be prescribed; produce periodic reports in respect of work done. three members of the commission including either the chairman or deputy chairman shall constitute a quorum. a member of the commission shall not enter upon the duties of that commission until that member has taken and subscribed the oath of allegiance and oath for the due execution of office that are set out in the second schedule. the provision of this constitution relating to the removal of judges of the superior courts from office shall, subject to any necessary modifications, qualifications or adaptations, apply to the removal from office of the chairperson and other members of the commission. the office of any member of the commission shall become vacant where that member resigns or circumstances arise that would disqualify that member for appointment as such. if before the commission has submitted its report under section 92 the office of chairperson or any other member of the commission falls vacant or the holder of that office becomes unable for any reason to discharge the functions as chairperson or member of the commission the king shall appoint another person to be chairperson or member as provided under subsection (2). in the exercise of its functions under this constitution, the commission shall not be subject to the direction or control of any other person or authority. there shall be a secretariat of the commission provided by the ministry responsible for elections. 91. review of tinkhundla boundaries during the fourth year of parliament, the elections and boundaries commission shall review the number and boundaries of tinkhundla (constituencies) into which swaziland is divided and submit to the king a report with recommendations to change or retain the existing position. the report under this section shall be made at least nine months before the dissolution of parliament in terms of section 134(2). the boundaries of each inkhundla shall be such that the number of inhabitants of an inkhundla is as nearly equal to the population quota as is reasonably practicable having regard to the terrain, the means of communication (transport) within that inkhundla and any other relevant community interest. the boundaries of an inkhundla shall not extend over more than one region. in this section “population quota” means the number obtained by dividing the number of inhabitants of the region (as ascertained by reference to the latest national population census) by the number of tinkhundla into which the region is to be divided under section 80. 92. report of the elections and boundaries commission the commission shall as soon as practicable after every election produce and submit a report on that election to the minister responsible for elections, stating . the general conduct of the elections and the number of voters who participated; any irregularities or abnormalities observed; whether any nomination or election was disputed and with what result; any observed or remarkable peculiarities; recommendations, if any. the report of the commission in terms of section 91 shall state, among other things, whether any alteration is necessary to the boundaries of any inkhundla; any one additional inkhundla or more should be established; or any inkhundla should be abolished or merged with any other. the report of the commission under section 91 shall also contain the proposed boundaries of the affected inkhundla or tinkhundla. the king shall as soon as practicable after the submission of the report of the commission and in any event not later than six months before the dissolution of parliament in terms of section 134(2), by proclamation in the gazette declare the boundaries of an inkhundla or tinkhundla as delimited by the commission to be effective at the next dissolution of parliament or so soon thereafter as may be convenient for the next general elections. part 2. composition of parliament 93. parliament the parliament of swaziland shall consist of a senate and a house of assembly. 94. senate the senate shall consist of not more than thirty-one members (in this constitution referred to as “senators”) who shall be elected or appointed in accordance with this section. ten senators, at least half of whom shall be female, shall be elected by the members of the house in such manner as may be prescribed by or under any law at their first meeting so as to represent a crosssection of the swazi society. twenty senators, at least eight of whom shall be female, shall be appointed by the king acting in his discretion after consultation with such bodies as the king may deem appropriate. the senators appointed in terms of subsection (3) shall be persons who, in the opinion of the king – are able by reason of their special knowledge or practical experience to represent economic, social, cultural/traditional or marginalized interests not already adequately represented in parliament; or are by reason of their particular merit, able to contribute substantially to the good government and progressive development of swaziland. 95. house of assembly subject to the provisions of this constitution, the house of assembly shall consist of not more than seventy-six members composed as follows – not more than sixty members elected from tinkhundla areas serving as constituencies; not more than ten members nominated by the king acting in his discretion after consultation with such bodies as the king may deem appropriate; four female members specially elected from the four regions subject to subsection (3); the attorney-general who shall be an ex officio member. the nominated members of the house shall be appointed by the king. so that at least half of them are female; and so as to represent interests, including marginalized groups, not already adequately represented in the house. the members elected on a regional basis, under subsection (1)(c), shall continue to be so elected, whenever the provisions of section 86 (1) are true, in terms of the following paragraphs . at the instance of the chairman of the elections and boundaries commission, the elected members from each region shall on their first meeting nominate not less than three and not more than five women from each region qualified to be members of parliament; the list of nominated candidates shall be published in at least two local newspapers and the electronic media on at least three consecutive days; and after ten days from the date of last publication the house shall meet to vote for one woman from each of the regions, taking into consideration any relevant in-put in terms of paragraph (b). 96. qualifications for membership of parliament subject to the provisions of this constitution, a person qualifies to be appointed, elected or nominated, as the case may be, as a senator or a member of the house if that person – is a citizen of swaziland; has attained the age of eighteen years and is a registered voter; has paid all taxes or made arrangements satisfactory to the commissioner of taxes; and is registered as a voter in the inkhundla in which that person is a candidate (in the case of elected members) 97. disqualifications for membership of parliament notwithstanding the provisions of section 96, a person does not qualify to be appointed, elected or nominated as the case may be, a senator or member of the house if that person – has been adjudged or otherwise declaredinsolvent under any law and has not been rehabilitated; or to be of unsound mind; is under sentence of death or of imprisonment for more than six months for an act which is a criminal offence in swaziland; is a member of the armed forces of swaziland or is holding or acting in any public office and has not been granted leave of absence for the duration of parliament; is not qualified to be a voter under any provision of this constitution; is otherwise disqualified by law in force in swaziland relating to general elections; has been found to be incompetent to hold public office under any law relating to tenure of public office whether elected or not; is a party to, or is a partner in, a firm or a director or manager, of a company which is a party to any subsisting government contract and has not made the required disclosure of – the nature of the contract; the interest of that person in the contract; the interest of that firm or company in the contract; holds or is acting in any office the functions of which involve any responsibility for or in connection with the conduct of any election or the compilation or a revision of any electoral register. for the purposes of subsection (1)(g), the required disclosure shall be . in the case of an elected senator, to the elected members of the house through the speaker of the house soon after the election; in the case of an appointed senator or nominated member of the house, to the king through the president of the senate or the speaker of the house as the case may be soon after appointment is made; in the case of an elected member of the house, during the period commencing with the writ for election in the gazette and ending three days before the date of the election by publication of a notice in english in the gazette and in english and siswati in a newspaper circulating in swaziland. any disclosure made in terms of subsection 1(g) shall be posted conspicuously for a period of at least one month within the parliament building. in this section “government contract” means any contract with the government for or on any account of the public service the consideration for which exceeds five thousand emalangeni or such other amount as parliament may prescribe or which forms part of a larger transaction or series of transactions in respect of which the amount or value or the aggregate amount or value of the transaction exceeds five thousand emalangeni. 98. tenure of seats of members of parliament the seat of a senator or of a member of the house shall become vacant whereparliament is dissolved; the holder of that seat resigns in writing addressed to the clerk to parliament; the holder is absent from twenty sittings of the chamber during any meeting of that chamber without the permission in writing of the presiding officer and is unable to offer a reasonable explanation to the parliamentary committee on privileges; circumstances arise that would cause the holder to be disqualified or ineligible for election or appointment; the holder is expelled by a resolution of at least two-thirds of all members of a chamber for contempt of parliament; the holder becomes a member of the other chamber of parliament; the holder becomes a party to any government contract contrary to section 97 (1) (g). if in the circumstances it appears to them to be just to do so, the senate or the house as the case may be, may by a resolution exempt the holder of a seat from vacating the seat as required under subsection (1) (h) where the holder before becoming a party to the contract or before or as soon as practicable after becoming otherwise interested in the contract discloses to the president or the speaker as the case may be the interest of that holder. 99. vacation of seat on sentence, etc where a member of the senate or the house is for an offence which is a criminal offence in swaziland sentenced by a court in any country to death or imprisonment (by whatever name called) for a term of or exceeding six months, including a suspended sentence, that member shall forthwith cease to be such a member and the seat of that member shall become vacant at the expiration of a period of sixty days from date of that sentence. the provisions of subsection (1) shall not apply where before the expiration of the period of sixty days the member receives a free pardon or the conviction is set aside or the sentence is reduced to a term of less than six months or a punishment other than imprisonment is substituted. where in terms of subsection (2) the sentence of the member has been reduced to a term less than six months but more than two months the member shall be deemed to have been suspended by the senate or house as the case maybe for the duration of the effective term of imprisonment unless the concerned chamber resolves otherwise. 100. president of senate when the senate first meets after any general election, and before it proceeds to despatch any other business, it shall elect, from within the senate or outside the senate, a person to be the president of the senate in accordance with the standing orders. where the office of the president falls vacant at any time before the next dissolution of parliament the senate may elect as soon as practicable another person to the office of president. a person shall not be elected president unless that person has some parliamentary experience and is otherwise able to maintain order in the senate and properly guide the senators in their business in terms of the standing orders. a person shall not be elected president from outside the senate unless that person qualifies in terms of this constitution to be elected or appointed as a senator. a person shall not hold the position of president of senate and that of a cabinet minister simultaneously. the salary and other allowances payable to the president shall not be varied to the disadvantage of the president during tenure of office. the office of president shall become vacant . where the president resigns in writing addressed to the clerk to parliament; where the senate passes a resolution by not less than two-thirds of all its members to that effect; where circumstances arise which would render that president disqualified or ineligible to be a senator under this constitution or any other law; or where the president for any reason ceases to be a member of the senate. the person elected president of senate shall not enter upon the duties of the office unless that person has taken and subscribed before the senate the oath of allegiance set out in the second schedule. 101. deputy president of senate the deputy president of senate shall be elected from among the senators at the first meeting of the senate after any general election or whenever such office has become vacant, in accordance with the standing orders. the deputy president shall perform the functions of the president whenever the president is absent or is for any reason unable to perform the functions of that office or when the president authorises the deputy to do so. the provisions of section 100(5), (6), (7) and (8) shall apply to the office of the deputy president as they apply to the office of president. the office of deputy president shall also become vacant where the deputy is elected president of the senate. 102. the speaker of the house when the house of assembly first meets after any general election and before it proceeds to the despatch of any other business, it shall elect a person from within or outside the house to be the speaker of the house of assembly, in accordance with the standing orders. where the office of speaker falls vacant at any time before the next dissolution of parliament, the house may elect as soon as practicable another person to that office. a person shall not be elected speaker of the house unless that person has some parliamentary experience and is otherwise able to maintain order in the house and properly guide the members of the house in the discharge of the business of the house in terms of the standing orders. a person shall not be elected speaker from outside the house if that person would be disqualified to be a member of the house under this constitution or any other law. a person elected shall not hold the position of speaker of the house and that of a cabinet minister simultaneously. the salary and other allowances payable to the speaker shall not be varied to the disadvantage of the speaker during the tenure of office. the office of speaker of the house shall become vacant where . the speaker resigns in writing addressed to the clerk to parliament; the house passes a resolution by not less than two-thirds of all its members to that effect; any circumstance arises which would render the speaker disqualified or ineligible to be a member of the house under this constitution or any other law; or for any reason the speaker ceases to be a member of the house. the person elected speaker of the house shall not enter upon the duties of the office unless that person has taken and subscribed the oath of allegiance set out in the second schedule. 103. deputy speaker of the house when the house first meets after any general election it shall elect from among the members of the house a person to be deputy speaker of the house of assembly. where the office of deputy speaker falls vacant at any time before the next dissolution of parliament the house may elect as soon as practicable another person to that office. the provisions of section 102 (5), (6), (7) and (8) shall apply to the office of deputy speaker as they apply to the office of speaker. the office of deputy speaker shall also become vacant where the deputy is elected speaker of the house. 104. acting president and speaker where the office of president or deputy president is vacant or the holder of the office of president or deputy president is for any reason unable to perform the functions of that office, the senate may elect a person (not being a minister) from among the members of the senate to act as president until the president or deputy president has been elected or as the case may be, the president or deputy president has resumed the functions of that office. where the office of speaker or deputy speaker is vacant or the holder of the office of speaker or deputy speaker is for any reason unable to perform the functions of that office the house may elect a person (not being a minister) from among the members of the house to act as speaker until the speaker or deputy speaker is elected or, as the case may be, the speaker or deputy speaker has resumed the functions of that office. the provisions of sections 100 (5), (6), (7) and (8) and 102 (5), (6), (7) and (8) shall apply in relation to a person elected under this section as they apply in relation to the holder of the office of president or speaker. 105. decision as to membership of parliament the high court shall have jurisdiction to hear and determine any question whether – any person has been validly elected or appointed as a member of parliament; any person has been validly elected as president, deputy president, speaker or deputy speaker; or any person, having been validly elected as president, deputy president, speaker or deputy speaker, has validly vacated that office. a person aggrieved by the determination of the high court under this section may appeal to the supreme court within thirty days. the attorney general or any member of the chamber in which the question under this section is raised or any aggrieved person may make application to the high court in terms of subsection (1). in the exercise of the functions under this section, the attorney general shall not be subject to the direction or control of any other person or authority. provision may be made by act of parliament with respect to the circumstances and manner in which and the conditions upon which any application may be made to the high court under this section; or the powers, practice and procedure of the high court in relation to any application under this section. subject to any provisions made by act of parliament under subsection (5) the chief justice may make rules for regulating the practice and procedure of the high court under this section. part 3a. legislation in parliament 106. power to make laws subject to the provisions of this constitution . the supreme legislative authority of swaziland vests in the king-inparliament; the king and parliament may make laws for the peace, order and good government of swaziland. 107. exercise of power to make laws subject to the provisions of this constitution, the power of the king and parliament to make laws shall be exercised by bills passed by both chambers of parliament; passed by the house in the cases referred to in sections 112, 113, 114 and 116 (2); passed at a joint sitting of the senate and the house, in the cases referred to in sections 115(3), 116 (1) 117, and chapter xvii; passed by the senate in the case referred to in section 115 (4), and assented to by the king under his hand. 108. assent to bills a bill shall not become law unless the king has assented to it and signed it in token of that assent. subject to the provisions of sections 117 and 246, a bill shall be presented to the king for assent where, and shall not be so presented unless, that bill has been passed by . both houses of parliament without any amendments or with such amendments only as are agreed to by both houses; the house in terms of sections 112, 113, 114 and 116 (2); the senate in terms of section 115 (4); a joint sitting of the senate and the house in terms of sections 115 (3), 117 (1), 118 and chapter xvii. where a bill that has been duly passed is presented to the king for assent the king shall signify that he assents or withholds assent . in the case of an appropriation bill, or bill for a law to amend this constitution, within ten days; in the case of any other bill, within twenty-one days. 109. when laws come into operation the attorney-general shall cause a bill that has been duly passed and assented to in accordance with this constitution, to be published in the gazette as law as soon as practicable. a law made by the king and parliament shall not come into operation until that law has been published in the gazette. subject to the provisions of section 119, the king and parliament may state when a law or part of the law shall come into operation. laws made by the king and parliament in terms of this constitution shall be styled “acts of parliament”, and the words of enactment shall be “enacted by the king and the parliament of swaziland”. 110. introduction of bills a bill may be introduced in either chamber of parliament except that a money bill shall not be introduced in the senate, a bill affecting matters in terms of section 115 shall not be introduced in the house. 111. bills settling financial matters except with the consent of the cabinet signified by the prime minister or the minister responsible for finance, neither chamber of parliament shall proceed upon any bill including an amendment to a bill that in the opinion of the person presiding makes provision for any of the following – the imposition of taxation or the alteration of taxation otherwise than by reduction; the imposition of any charge upon the consolidated fund or other public funds of swaziland or the alteration of any such charge otherwise than by reduction; the payment, issue or withdrawal, from the consolidated fund or other public funds of swaziland of any moneys not charged on the consolidated fund or any increase in the amount of that payment, issue or withdrawal, or the composition or remission of any debt due to the government; or proceed upon any motion including an amendment to a motion the effect of which, in the opinion of the person presiding, would be to make provision for any of the purposes specified in paragraph (a) of this section. 112. limitation on powers of senate . appropriation bills when a bill that in the opinion of the speaker is an appropriation bill is sent to the senate from the house that bill shall bear a certificate of the speaker that it is an appropriation bill. where a bill passed by the house and certified by the speaker as an appropriation bill is sent to the senate that bill shall forthwith be introduced in the senate and passed by the senate without delay. where the bill in terms of subsection (2) is not passed by the senate by the end of the seventh day after the day on which the bill was sent to the senate; or is passed by the senate with amendments to which the house does not agree within the period referred to in paragraph (a), the bill, with such amendments, if any, as may have been agreed to by both chambers, shall, unless the house otherwise resolves, be presented to the king for assent. 113. limitation on powers of senate – other money bills when a bill that in the opinion of the speaker is a money bill other than an appropriation bill is sent to the senate from the house that bill shall bear a certificate of the speaker that the bill is a money bill other than an appropriation bill. subject to the provisions of section 114, where a bill passed by the house and certified as provided under subsection (1) is sent to the senate at least thirty days before the end of the session, the senate shall pass that bill, with or without amendments, within those thirty days. where the bill referred to in subsection (2) – is not passed by the senate as required, or is passed by the senate with amendments to which the house does not agree within the period of thirty days after that bill was sent to the senate, the bill, with such amendments, if any, as may have been agreed to by both chambers, shall, unless the house otherwise resolves, be presented to the king for assent. 114. limitation on powers of senate – urgent bills where the king by writing under his hand certifies to the president that enactment of a bill (including a money bill but not an appropriation bill) passed by the house, is a matter of urgency, the bill, having been sent to the senate at least ten days before the end of the session is not passed by the senate within those ten days after that bill is so sent; or is passed by the senate with amendments to which the house does not agree within ten days after that bill was sent to the senate, the bill, with such amendments, if any, as may be agreed to by both chambers, shall, unless the house otherwise resolves, be presented to the king for assent. 115. matters regulated by swazi law and custom a bill (including any amendment to a bill) which, in the opinion of the presiding officer would affect or alter any matter regulated in terms of this section shall only be introduced in the senate. where a bill, in terms of this section, is duly introduced the senate shall not proceed to the second reading of that bill until a copy of that bill has been sent by the president to the council of chiefs, and a period of sixty days has elapsed since the copy was sent to the council in terms of paragraph (a). subject to the provisions of subsection (4), where a bill affecting or altering any of the matters referred to in this section has been introduced in and passed by the senate and has been sent to the house at least sixty days before the end of the session but has not within that period been passed by both chambers, the bill shall be referred to a joint sitting of the senate and the house in accordance with the provisions of the first schedule. a bill having been duly introduced in and passed by the senate shall not be referred to a joint sitting in terms of subsection (3) where the billhas been sent to the house at least sixty days before the end of the session, and has not been considered by the house within sixty days after the bill is so sent, but shall, unless the senate otherwise agrees, be presented to the king for assent. a bill shall not be presented to the king for assent in terms of subsection (4) unless the senate so resolves by two-thirds majority of all the senators. the provisions of this section apply to a bill which, in the opinion of the presiding officer would, if enacted, alter or affect – the status, powers or privileges, designation or recognition of the ngwenyama, ndlovukazi or umntfwanenkhosi lomkhulu; the designation, recognition, removal, powers, of chief or other traditional authority; the organisation, powers or administration of swazi (customary) courts or chiefs’ courts; swazi law and custom, or the ascertainment or recording of swazi law and custom; swazi nation land; or incwala, umhlanga (reed dance), libutfo (regimental system) or similar cultural activity or organisation. subject to the provisions of this section, the matters listed under subsection (6) shall continue to be regulated by swazi law and custom. 116. procedure where chambers disagree on bills subject to the provisions of subsection (2), where a bill having been introduced in and passed by one chamber of parliament – has been sent to the other chamber at least sixty days before the end of the session; and has been considered by that other chamber within sixty days after the bill is so sent; but has not within that period been passed either without amendment or with amendments which are agreed to by the chamber in which the bill was introduced, neither chamber shall proceed upon the bill and the bill shall be referred to a joint sitting of the senate and the house in accordance with the provisions of the first schedule. a bill, having been introduced in and passed by the house, shall not be referred to a joint sitting of the senate and the house where that bill – has been sent to the senate at least sixty days before the end of the session; and has not been considered by the senate within sixty days after the bill is so sent, but shall, unless the house otherwise resolves, be presented to the king for assent. this section does not apply to a bill certified under section 112 (1), 113 (1), 114 or a bill for a law to amend this constitution. 117. reference back of bills by king where a bill, having been passed by both chambers of parliament sitting separately, is presented to the king for assent, the king, acting in his discretion, may by message refer back such provisions of the bill as the king may indicate, for consideration at a joint sitting of the senate and the house in accordance with the provisions of the first schedule. where the bill referred to in subsection (1) . is passed within sixty days of the message, the bill shall again be presented to the king for assent; or is not passed as provided in paragraph (a), the bill shall lapse. this section does not apply to a bill certified under section 112(1), 113(1) or a bill for a law to amend this constitution or a bill which has been passed at a joint sitting of the senate and the house. 118. functions of speaker in this part, where a bill is presented to the king for assent in pursuance of the provisions of section 112(3), 113 (3), 114, or 116(2), as the case may be, that bill shall bear a certificate of the speaker of the house that those provisions have been complied with. any function under this section or section 112,113,114, or 116 which falls to be exercised by the speaker may, if the speaker is absent or is for any reason unable to exercise the functions of office, be exercised by the deputy speaker. a certificate given by the speaker or deputy speaker, as the case may be, under this section shall be conclusive for all purposes and shall not be questioned in any court of law. 119. retroactive legislation parliament or any other authority or person has no power to pass any law – to alter the decision or judgement of any court as between the parties to that decision or judgement; or which operates retroactively, to impose any limitations on any person; to adversely affect the personal rights and liberties of any person; or to impose a burden, obligation or liability on any person. the provisions of subsection (1) (b) shall not apply in the case of law enacted under sections 199, 200, 201, 202, 204 and 205 of this constitution. 120. interpretation in this part, “money bill” means a bill that contains only provisions dealing with the imposition, repeal, remission, alteration or regulation of taxation; the imposition of charges on the consolidated fund or any other public fund of swaziland or the variation or repeal of any such charges; the grant of money to the king or to any other person or authority or the variation or revocation of that grant; the appropriation, receipt, custody, investment, issue, or audit of accounts of public money; the raising or guarantee of any loan or the repayment of that loan; or subordinate matters incidental to any of the above matters. in this section the expressions “taxation”, “public money”, and “loan” do not include any taxation, money or loan raised by local government authorities or other local bodies. part 3b. procedure in parliament 121. regulation of procedure in parliament subject to the provisions of this constitution . each chamber of parliament may make standing orders with respect to its own procedure; the passing of bills; presiding in either chamber; conduct of debates or other proceedings in that chamber in one or both official languages; affording reasonable assistance to a member of that chamber moving a private member’s bill by the department of government affected by the bill; the office of attorney-general or parliamentary counsel affording professional assistance in the drafting of a private member’s bill; the nomination or election of women in the house under section 95; any matter in connection with which standing orders are required to be made under this constitution; each chamber of parliament may act notwithstanding any vacancy in its membership, including a vacancy not filled when the chamber first meets after any general election; the presence or participation of any person not entitled to be present at or to participate in the proceedings of a chamber shall not invalidate the proceedings of that chamber. the standing orders of the house of assembly, 1968, published under legal notice no.52 of 1968; the standing orders relating to private bills, published under legal notice no.17 of 1969; the standing orders of senate relating to public business, 1970, published under legal notice no.47 of 1970, shall, as may be amended and subject to any necessary adaptations, modifications and qualifications, apply to the procedure and conduct of the business of the house of assembly and senate. 122. presiding in senate there shall preside at any meeting of the senate . the president of the senate; the deputy president in the absence of the president or in the circumstances in which the rules of procedure of the senate authorise the deputy president to preside; or such other senator as the senate may elect for the purpose of presiding at that sitting in the absence of the president and deputy president. 123. presiding in the house of assembly there shall preside at any sitting of the house . the speaker of the house of assembly; the deputy speaker, in the absence of the speaker and in the circumstances in which the rules of procedure of the house authorise the deputy speaker to preside; or such member as the house may elect for the purpose of presiding at that sitting in the absence of the speaker or deputy speaker. 124. quorum in senate and house where objection is taken by a senator present that there are present in the senate (besides the person presiding) fewer than twelve senators and, after such interval as may be prescribed in the rules of procedure of the senate, the person presiding ascertains that there are still fewer than twelve senators present, the person presiding shall thereupon adjourn the senate. where objection is taken by any member of the house present that there are present in the house (besides the person presiding) fewer than thirty members and, after such interval as may be prescribed in the rules of procedure of the house, the person presiding ascertains that there are still fewer than thirty members present, the person presiding shall thereupon adjourn the house. 125. voting in parliament except as otherwise provided in this constitution, any question proposed for decision in either chamber of parliament shall be determined by a majority of the votes of the members of that chamber present and voting. subject to the provisions of subsection (3), the president or deputy president of senate or the speaker or deputy speaker of the house or a member of either chamber presiding in that chamber shall have an original but not a casting vote. a president of the senate or speaker of the house who is elected from outside the senate or house shall not have a right to vote in the chamber. the attorney-general shall have no vote in the house. where upon any question before either chamber the votes are equally divided the motion shall be lost. the rules of procedure of either chamber may make provision under which a member who votes upon a question in which that member has a direct pecuniary interest shall be deemed not to have voted. 126. right of ministers, etc to address other chamber a minister who is a member of the house or the attorney-general shall be entitled to attend all sittings of the senate and to take part in all proceedings of the senate but shall not be regarded as a member of or be entitled to vote on any question before the senate. a minister who is a senator shall be entitled to attend all sittings of the house and take part in all proceedings of that house but shall not be regarded as a member of or be entitled to vote on any question before the house. 127. unqualified persons sitting or voting any person who sits or votes in either chamber knowing or having reasonable grounds for knowing of the disqualification to sit or vote commits an offence and liable on conviction to a fine not exceeding an amount prescribed under the standing orders. any prosecution for an offence under this section shall be instituted in the high court only with the written consent of the attorney-general. 128. oaths by members of parliament every member of parliament shall, before taking the seat as such member, take and subscribe before the chamber of which that member is a member the oath of allegiance that is set out in the second schedule or such other oath as may be prescribed. notwithstanding the provisions of subsection (1), a member of parliament may before taking and subscribing the oath of allegiance take part in the election of the president of senate or speaker of the house or other person presiding. a person elected as president, speaker, deputy president or deputy speaker shall, where that person has not already taken and subscribed the oath of allegiance under subsection (1), take and subscribe that oath before the chamber before entering upon the functions of that office. the oath of allegiance under this section shall be administered by the clerk to parliament or the attorney-general. 129. committees of parliament each chamber of parliament shall appoint sessional committees and other committees as may be necessary for the effective discharge of the functions of that chamber. the standing committees shall be charged with such functions, including the investigation and inquiry into the activities and administration of ministries and departments as parliament may determine and the investigations and enquiries may extend to proposals for legislation. every member of parliament not being a minister shall be a member of at least one of the standing committees. the composition of the committees shall, as much as possible, reflect the different shades of opinion or interest in parliament. a committee appointed under this section shall have the powers, rights and privileges of the high court or a justice of the high court at a trial for . enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise; compelling the production of documents; and issuing a commission or request to examine witnesses abroad. 130. parliamentary immunities and privileges the president, speaker, members of parliament and any other person participating or assisting in or acting in connection with or reporting the proceedings of parliament or any of its committees shall be entitled to such immunities and privileges as parliament may by law prescribe. the freedom of speech, immunities and privileges, referred to in subsection (1), shall not be impeached or questioned in any court of law or place outside of parliament. any process issued by any court in the exercise of its civil or criminal jurisdiction shall not be served or executed within the precincts of parliament while parliament is sitting, or through the president or the speaker, the clerk or any other officer of parliament. part 3c. parliamentary service 131. parliamentary service there shall be a parliamentary service which shall form part of the public service of swaziland. the parliamentary service shall be administered by a parliamentary service board consisting of . the president and speaker who shall be chairperson on a rotational basis; four other members, two of whom shall be members of parliament, to be appointed and removed by the presiding officers on the advice of the joint house committee; the clerk to parliament, as secretary and ex officio member. the parliamentary service board shall be responsible for the proper and effective administration of parliament. the parliamentary service board may make regulations, prescribe terms and conditions of service of the parliamentary service staff with the approval of the joint house committee and do anything necessary for the efficient administration of the parliamentary service. 132. clerk to parliament and other staff there shall be a clerk to parliament and such other staff of the parliamentary service as the parliamentary service board may determine. the clerk to parliament shall be head and controlling officer of the parliamentary service. the appointment of the clerk and any other member of the staff of the parliamentary service shall be made by the parliamentary service board in consultation with the civil service commission. the clerk to parliament or any member of staff of the parliamentary service shall not be suspended, transferred, promoted, removed or dismissed except by or with the approval of the parliamentary service board. part 4. summoning, prorogation and dissolution 133. sessions of parliament there shall be a session of parliament at least once in every year so that a period of six months shall not intervene between the last sitting of parliament in one session and the first sitting of parliament in the next session. each session of parliament shall be held at such a place within swaziland and commence at such a time as the king may appoint by notice in the gazette. subject to the provisions of subsection (2), the sittings of each chamber of parliament shall be held at such time and place as that chamber may, by its rules of procedure or otherwise, determine. whenever parliament is dissolved a general election of the elected members of the house shall be held within sixty days of the date of dissolution and a session of parliament shall be appointed to commence within thirty days of the date of that general election. 134. prorogation and dissolution of parliament the king may at any time – prorogue parliament; or dissolve parliament. subject to the provisions of subsections (3) and (7) parliament, unless sooner dissolved shall stand dissolved five years less two months from the date of first meeting of the house following a general election. at any time when swaziland is at war, parliament may from time to time extend the period specified in subsection (2) for not more than twelve months at a time. the life of parliament shall not be extended in terms of subsection (3) for more than five years. in the exercise of his power to dissolve parliament in terms of this section, the king shall act on the recommendation of the prime minister save that where the prime minister recommends a dissolution and the king considers that . the government of swaziland can be carried on without dissolution; or the dissolution would not be in the interests of swaziland, the king may refuse to dissolve parliament; or, where the house passes a resolution of no confidence in the government of swaziland and the prime minister does not within three days after that resolution resign, the king may dissolve parliament or cabinet. where parliament is dissolved in terms of subsection (1) (b) the members of parliament shall be deemed to have vacated office on the day but one of the first meeting of the house after the general election. where parliament is dissolved in terms of subsection (2), the members shall be deemed to have vacated office at the end of five years from the date of the first meeting of the house following a general election. 135. recalling parliament in case of emergency where, between a dissolution of parliament and the next ensuing general election of the elected members of the house, an emergency arises of such a nature that in the opinion of the king, after consultation with the president and speaker of the dissolved parliament, it is necessary for the two chambers of parliament to be summoned before that general election can be held, the king may, by proclamation published in the gazette, summon the preceding chambers of parliament as constituted immediately before that dissolution. where the king has recalled parliament in terms of subsection (1), the two chambers of parliament shall be deemed (except for purposes of section 136) not to have been dissolved but shall be deemed (except for the purposes of section 137) to be dissolved as soon as the emergency has been disposed of or on the date on which the next ensuing general election of elected members of the house is held. for the purposes of this section “emergency” includes the necessity to enact a law. 136. general elections a general election of elected members of the house shall be held at such time within sixty days after every dissolution of parliament, as the king shall appoint by proclamation published in the gazette. subject to the provisions of this constitution, parliament may enact laws for the conduct of elections and the qualification of voters. 137. filling of casual vacancies where any person vacates a seat as a senator for any reason other than a dissolution of parliament the king shall appoint a person; or the house shall elect a person, to fill the vacancy under the same provisions of section 95 as the person whose seat has become vacant was appointed or elected. where any person vacates a seat as a member of the house for any reason other than a dissolution of parliament, the king shall – appoint another member; or issue a writ for the election of a member, to fill the vacancy under the same provisions of section 96 as the member whose seat has become vacant was nominated or elected. unless more than two vacancies occur in one chamber of parliament, a casual vacancy as referred to in subsection (1) or (2) shall not be filled under this section where parliament stands to be dissolved within a period of less than nine months. chapter viii. the judicature part 1. general 138. administration of justice justice shall be administered in the name of the crown by the judiciary which shall be independent and subject only to this constitution. 139. the judiciary the judiciary consists of the superior court of judicature comprising the supreme court, and the high court; such specialised, subordinate and swazi courts or tribunals exercising a judicial function as parliament may by law establish. the judiciary has jurisdiction in all matters civil and criminal, including matters relating to this constitution, and such other jurisdiction as may by law be conferred on it. the superior courts are superior courts of record and have the power to commit for contempt to themselves and all such powers as were vested in a superior court of record immediately before the commencement of this constitution. except as may otherwise be provided in this constitution or as may otherwise be ordered by a court in the interest of public morality, public safety, public order or public policy, the proceedings of every court shall be held in public. subject to the provisions of this constitution, the chief justice is the head of the judiciary and is responsible for the administration and supervision of the judiciary. 140. judicial power of swaziland the judicial power of swaziland vests in the judiciary. accordingly, an organ or agency of the crown shall not have or be conferred with final judicial power. in the exercise of the judicial power under this constitution or any other law, the superior courts may, in relation to any matter within their jurisdiction, issue such orders or directions as may be necessary to ensure the enforcement of any judgement, decree or order of those courts. 141. independence of the judiciary in the exercise of the judicial power of swaziland, the judiciary, in both its judicial and administrative functions, including financial administration, shall be independent and subject only to this constitution, and shall not be subject to the control or direction of any person or authority. neither the crown nor parliament nor any person acting under the authority of the crown or parliament nor any person whatsoever shall interfere with judges or judicial officers, or other persons exercising judicial power, in the exercise of their judicial functions. all organs or agencies of the crown shall give to the courts such assistance as the courts may reasonably require to protect the independence, dignity and effectiveness of the courts under this constitution. a judge of a superior court or any person exercising judicial power, is not liable to any action or suit for any act or omission by that judge or person in the exercise of the judicial power. the administrative expenses of the judiciary, including all salaries, allowances, gratuities and pensions payable to, or in respect of persons serving in the judiciary, shall be charged on the consolidated fund. the salary, allowances, privileges and rights in respect of leave of absence, gratuity, pension and other conditions of service of a judge of a superior court or any judicial officer or other person exercising judicial power, shall not be varied to the disadvantage of that judge or judicial officer or other person. the judiciary shall keep its own finances and administer its own affairs, and may deal directly with the ministry responsible for finance or any other person in relation to its finances or affairs. 142. administrative functions of the chief justice subject to the provisions of this constitution or any other law, the chief justice as head of the judiciary may make rules for regulating the practice and procedure of the superior and subordinate courts, including the specialised and local courts as well as powers of judicial officers. 143. oaths by justices of the superior courts a judge of the supreme court or the high court shall not enter upon the duties of office unless that judge has taken and subscribed the oath of allegiance and the oath for the due execution of office as set out in the second schedule. 144. appointment of assessors a superior court may hear a case wholly or in part with the assistance of assessors. a superior court may in any case in which it appears to that court to be expedient call in the aid of one or more assessors with such qualifications as the court may deem appropriate. part 2a. the supreme court 145. composition of the supreme court there shall be a supreme court of judicature for swaziland consisting of the chief justice and not less than four other justices of the supreme court. the supreme court shall be duly constituted for its ordinary work by not less than three justices of the supreme court. a full bench of the supreme court shall consist of five justices of that court. the chief justice shall preside at sittings of the supreme court, and when not sitting the most senior of the justices constituting the court shall preside. 146. jurisdiction of supreme court (general the supreme court is the final court of appeal. accordingly, the supreme court has appellate jurisdiction and such other jurisdiction as may be conferred on it by this constitution or any other law. without derogating from the generality of the foregoing subsection, the supreme court has such jurisdiction to hear and determine appeals from the high court of swaziland and such powers and authority as the court of appeal possesses at the date of commencement of this constitution; and such additional jurisdiction to hear and determine appeals from the high court of swaziland and such additional powers and authority, as may be prescribed by or under any law for the time being in force in swaziland. subject to the provisions of subsection (2), the supreme court has for all purposes of and incidental to the hearing and determination of any appeal in its jurisdiction the power, authority and jurisdiction vested in the court from which the appeal is brought. a decision of the supreme court shall be enforced, as far as that may be effective, in like manner as if it were a judgment of the court from which the appeal was brought. while it is not bound to follow the decisions of other courts save its own, the supreme court may depart from its own previous decision when it appears to it that the previous decision was wrong. the decisions of the supreme court on questions of law are binding on other courts. subject to the provisions of this constitution or as may be prescribed by any other law, an appeal from the full bench of the high court (or any other court) shall be heard and determined by a full bench of the supreme court. 147. appellate jurisdiction of supreme court an appeal shall lie to the supreme court from a judgement, decree or order of the high court – as of right in a civil or criminal cause or matter from a judgement of the high court in the exercise of its original jurisdiction; or with the leave of the high court, in any other cause or matter where the case was commenced in a court lower than the high court and where the high court is satisfied that the case involves a substantial question of law or is in the public interest. where the high court has denied leave to appeal the supreme court may entertain an application for special leave to appeal to the supreme court in any cause or matter, civil or criminal, and may grant or refuse leave accordingly. 148. supervisory and review jurisdiction the supreme court has supervisory jurisdiction over all courts of judicature and over any adjudicating authority and may, in the discharge of that jurisdiction, issue orders and directions for the purposes of enforcing or securing the enforcement of its supervisory power. the supreme court may review any decision made or given by it on such grounds and subject to such conditions as may be prescribed by an act of parliament or rules of court. in the exercise of its review jurisdiction, the supreme court shall sit as a full bench. 149. powers of a single justice of supreme court subject to the provisions of subsections (2) and (3) a single justice of the supreme court may exercise power vested in the supreme court not involving the determination of the cause or matter before the supreme court. in criminal matters, where a single justice refuses or grants an application in the exercise of power vesting in the supreme court, a person affected by such an exercise is entitled to have the application determined by the supreme court constituted by three justices. in civil matters, any order, direction or decision made by a single justice may be varied, discharged or reversed by the supreme court of three justices at the instance of either party to that matter. part 2b. the high court 150. composition of the high court there shall be a high court of judicature for swaziland consisting of – the chief justice, ex officio; not less than four justices of the high court as may be prescribed; and such other justices of the superior court of judicature as the chief justice may, in writing assign to sit as high court justices for any case or period. the high court shall be duly constituted by a single judge of the high court; by a single judge of the high court with assessors; or by a single judge of the superior courts with or without assessors. a full bench of the high court shall consist of three justices of the superior courts. the chief justice shall always preside whenever sitting as a justice of the high court. the chief justice shall designate in writing the most senior justice of the high court to be principal judge of the high court to preside and exercise such functions as may be stated in the designation. there shall be such divisions of the high court consisting of such number of justices respectively as the chief justice may determine after consultation with the minister responsible for justice and the president of the swaziland law society. 151. jurisdiction of the high court the high court has unlimited original jurisdiction in civil and criminal matters as the high court possesses at the date of commencement of this constitution; such appellate jurisdiction as may be prescribed by or under this constitution or any law for the time being in force in swaziland; such revisional jurisdiction as the high court possesses at the date of commencement of this constitution; and such additional revisional jurisdiction as may be prescribed by or under any law for the time being in force in swaziland. without derogating from the generality of subsection (1) the high court has jurisdiction to enforce the fundamental human rights and freedoms guaranteed by this constitution; and to hear and determine any matter of a constitutional nature. notwithstanding the provisions of subsection (1), the high court – has no original or appellate jurisdiction in any matter in which the industrial court has exclusive jurisdiction; has no original but has review and appellate jurisdiction in matters in which a swazi court or court martial has jurisdiction under any law for the time being in force. the high court has no power, in a trial for the offence of treason, to convict any person for an offence other than treason. a justice of the high court may, in accordance with rules of court, exercise in court or in chambers all or any of the jurisdiction vested in the high court by this constitution or any other law. for the purposes of hearing and determining an appeal within its jurisdiction and the enforcement of a judgement or order made on any appeal, the high court shall have all the powers, authority and jurisdiction vested in the court or tribunal from which the appeal is brought. in this section any reference to “revisional jurisdiction” shall be construed as including a reference to jurisdiction to determine reserved questions of law and cases stated. notwithstanding subsection (1), the high court has no original or appellate jurisdiction in matters relating to the office of ingwenyama; the office of indlovukazi (the queen mother); the authorisation of a person to perform the functions of regent in terms of section 8; the appointment, revocation and suspension of a chief; the composition of the swazi national council, the appointment and revocation of appointment of the council and the procedure of the council; and the libutfo (regimental) system, which matters shall continue to be governed by swazi law and custom.. 152. review and supervisory powers of high court the high court shall have and exercise review and supervisory jurisdiction over all subordinate courts and tribunals or any lower adjudicating authority, and may, in exercise of that jurisdiction, issue orders and directions for the purpose of enforcing or securing the enforcement of its review or supervisory powers. part 3. appointment, removal, etc of superior court justices 153. appointment of justices of the superior courts the chief justice and the other justices of the superior courtsshall be appointed by the king on the advice of the judicial service commission. where the office of the chief justice is vacant, or where the chief justice is for any reason unable to perform the functions of office until a person has been appointed to, and has assumed the functions of, that office; or until the person holding the office of chief justice has resumed the functions of that office, as the case may be, those functions shall be performed by the most senior of the justices of the supreme court. where it appears to the chief justice that for a short duration the prescribed complement of the supreme court or high court, as the case may be, is for any reason unlikely to be realised or where the exigencies of the situation so require, the chief justice shall advise the king to appoint a qualified person to act in that court for that duration. whether in respect of the office of the chief justice or office of any justice of the superior courts, an acting appointment shall not exceed a single renewable period of three months. notwithstanding the provisions of subsections (3) and (4), the chief justice after consultations with the judicial service commission may make an acting appointment where the duration does not exceed one month, unrenewable. a person whose appointment to act as a justice of a superior court has expired may, with the consent of the king acting on the advice of the chief justice or the chief justice after consultation with the judicial service commission, continue to act for such a period not exceeding three months as may be necessary to enable that person to deliver judgement or to do any other thing in relation to proceedings that were commenced before that person previously to the expiry of the acting appointment. 154. qualification for appointment to the superior courts a person shall not be appointed as a justice of a superior court unless that person is a person of high moral character and integrity and in the case of an appointment to – the supreme court, that person is or has been a legal practitioner, barrister or advocate of not less than fifteen years practice in swaziland or any part of the commonwealth or the republic of ireland; or, that person is, or has served as, a judge of the high court of swaziland or judge of a superior court of unlimited jurisdiction in civil and criminal matters in any part of the commonwealth or the republic of ireland for a period of not less than seven years ; or, that person is, or has served as, such legal practitioner, barrister or advocate as mentioned in paragraph (a) (i), and as such judge as mentioned in paragraph (a) (ii) for a combined period of that practice and service of not less than fifteen years; the high court, that person is or has been a legal practitioner, barrister or advocate of not less than ten years practice in swaziland or any part of the commonwealth or the republic of ireland; or that person is, or has served as, a judge of a superior court of unlimited jurisdiction in civil and criminal matters in any part of the commonwealth or the republic of ireland for a period of not less than five years; or that person is, or has served as, such legal practitioner, barrister or advocate as referred to in paragraph (b) (i) and as such judge as referred to in paragraph (b) (ii) for a combined period of such practice and service of not less than ten years. 155. tenure of office of superior court justice a justice of the supreme court of judicature shall hold office in terms of this constitution. the office of a justice of a superior court shall not be abolished while there is a substantive holder of that office. in the case of a justice of a superior court, it shall not be necessary for the appointment to be subject to any period of probation. 156. retirement and resignation of justices of the superior courts subject to the provisions of this constitution or any other law, a justice of a superior court may retire at any time after attaining the age of sixty-five years subject to a service of at least ten years; shall vacate office, in the case of – the supreme court, at seventy-five years; the high court, at seventy five years; the supreme court and high court, upon removal from office in terms of section 158. a justice of a superior court may at any time resign from office by notice in writing addressed to the chairman of the judicial service commission. notwithstanding that a justice has attained the age at which that justice is required to vacate office, a justice of a superior court may continue in office for such period, not exceeding six months, as may be necessary to enable that justice to deliver judgement or do any other thing in relation to proceedings that were commenced before that justice previously to attaining that age. 157. appointment of justices of the superior courts on contract a person who is not a citizen of swaziland shall not be appointed as justice of a superior court after seven years from the commencement of this constitution. unless otherwise agreed between the contracting parties, a judge on contract shall vacate office at the end of the period provided in the contract. 158. removal of justices of superior courts a justice of the superior court of judicature may only be removed from office in accordance with the provisions of this section. a justice of a superior court shall not be removed from office except for stated serious misbehaviour or inability to perform the functions of office arising from infirmity of body or mind. where the king acting on the advice of an ad hoc committee in the case of the chief justice, and on the advice of the chief justice in the case of any justice of a superior court, considers that the question of removing from office the chief justice or a justice on any ground stated in sub-section (2) ought to be investigated, the king shall refer the matter to the judicial service commission for investigation. the commission shall enquire into the matter and recommend to the king whether the chief justice or the justice ought to be removed from office. notwithstanding any provision of this constitution, the king shall in each case act on the recommendation of the commission. where the question of removal in terms of this section has been referred to the commission the king may suspend from office the chief justice or the other justice as the case may be for the duration of the inquiry. subject to considerations of fairness and natural justice, the commission shall be reconstituted for the purpose as may be appropriate, the chief justice being replaced by the most senior justice of the supreme court, and a justice who is a member of the commission being replaced by another justice appointed by the other members of the commission. an inquiry in terms of this section shall not take longer than three months. the king may at any time revoke a suspension under this section. in this section “ad hoc committee” means a committee made up of the minister responsible for justice and chairman of the civil service commission and the president of the law society of swaziland. part 4. judicial service commission 159. judicial service commission there shall be an independent judicial service commission for swaziland, hereinafter in this chapter referred to as “the commission”. the commission shall consist of the followingthe chief justice, who shall be the chairman; two legal practitioners of not less than seven years practice and in good professional standing to be appointed by the king; the chairman of the civil service commission; and two persons appointed by the king. in the exercise of its functions under this constitution, the commission or member of the commission shall not be subject to the direction or control of any person or authority. a member appointed in terms of subsection (2) (b) or (d) shall hold office for a period not exceeding four years and shall be eligible for re-appointment for a further one period. a member appointed in terms of subsection (2) (b) or (d) (where a member appointed under paragraph (d) does not hold the position of judge of a superior court) shall be removed from office by the king where the question of removal has been referred to a tribunal appointed in terms of subsection (6) and the tribunal has recommended that the member be removed from officefor inability to exercise the functions of office (by reason of infirmity of body or mind or any other cause); or for misbehaviour. where the chief justice represents to the king that the question of removing a member appointed in terms of subsection (2)(b) or (d) as mentioned in subsection (5) ought to be investigated, then the king shall appoint a tribunal consisting of a chairman and two other persons selected by the chief justice (after consultation with the president of the law society of swaziland) from among persons who hold or have held or qualify to hold high judicial office; and the tribunal shall enquire into the matter, and report on the facts to the king and recommend to him whether the member concerned ought to be removed under subsection (5). where the position of chief justice is vacant or for any other reason the chief justice is not available the most senior of the judges of the supreme court shall act as chairman of the commission. the commission may by regulation or otherwise regulate its own procedure and, with the consent of the prime minister, may confer powers or impose duties on any public officer of the government for the purpose of the discharge of its functions. 160. functions of the judicial service commission subject to any other powers or general functions conferred on a service commission in terms of this constitution, the judicial service commission shall, among other things, perform the following functions – advise the king in the exercise of the power to appoint persons to hold or act in any office specified in this constitution which includes power to exercise disciplinary control over those persons and to remove those persons from office; advise the king on the appointment, discipline and removal of the director of public prosecutions and other public officers as provided in this constitution; review and make recommendations, subject to the provisions of this constitution, on the terms and conditions of service of judges and persons holding the judicial offices enumerated in subsection (3); receive and process recommendations and complaints concerning the judiciary; advise the government through the minister responsible for justice on improving the administration of justice generally; and any other function prescribed by this constitution or parliament. without derogating from the provisions of subsection (1), the commission has power to appoint persons to hold or act in any of the offices mentioned under subsection (3) including the power to exercise disciplinary control over those persons and the power to remove those persons from office. the offices referred to in subsection (2) are the office of registrar of the supreme court; registrar of the high court; deputy registrar of the supreme court; deputy registrar of the high court; master of the high court; deputy master of the high court; magistrate; such other offices connected with any court as parliament may prescribe. 161. secretariat to the commission there shall be a secretariat of the commission established in terms of section 183. the functions of the secretariat shall be as provided under section 183 (2). the secretary of the commission, in addition to the functions in terms of subsection (2), shall among other things, organise and manage the secretariat, keep the chairman informed of all activities of the commission and act as a public relations officer for the commission. chapter ix. director of public prosecutions and the commission on human rights and public administration part 1. director of public prosecutions 162. appointment, tenure functions, etc there shall be a director of public prosecutions whose office shall be a public office. the director of public prosecutions, in this chapter referred to as “the director,” shall be appointed by the king on the advice of the judicial service commission. a person shall not qualify to be appointed director unless that person qualifies for appointment as a judge of the superior courts. the director shall have power in any case in which the director considers it proper to do so, toinstitute and undertake criminal proceedings against any person before any court (other than a court-martial) in respect of any offence alleged to have been committed by that person against the laws of swaziland; take over and continue any criminal proceedings that may have been instituted or undertaken by any other person or authority; discontinue, at any stage before judgment is delivered, any criminal proceedings instituted or undertaken by the director or any other person or authority; and perform such other functions as may be prescribed. the powers under subsection (4) may be exercised by the director in person or by subordinate officers acting in accordance with the general or special instructions of the director. in the exercise of the powers conferred under this chapter, the director shall have regard to the public interest, the interest of the administration of justice and the need to prevent abuse of the legal process; and be independent and not be subject to the direction or control of any other person or authority. without derogating from the provisions of subsection (6), the director shall, in the exercise of the powers under this chapter, consult the attorney-general in relation to matters where national security may be at stake. the director shall be removed from office in the same manner and on the same grounds as a judge of the superior courts, except that the minister responsible for justice shall initiate the proceedings in terms of section 158 (3). part 2. commission on human rights and public administration 163. commission on human rights and public administration there shall be established within a year of the first meeting of parliament after the commencement of this constitution, a commission on human rights and public administration in this chapter referred to as “the commission”. the commission shall consist of a commissioner for human rights and public administration; and at least two deputy commissioners for human rights and public administration as may be necessary for the effective discharge of the functions of the commission. the members of the commission shall be appointed by the king on the advice of the judicial service commission. subject to subsection (5) (a), a person shall not qualify for appointment as commissioner unless that person qualifies for appointment as judge of the superior courts. a person shall not be eligible for appointment as deputy commissioner unless that person – is of high moral character and proven integrity; and possesses considerable experience and demonstrated competence in the conduct of public affairs; or is of high calibre in the conduct of public affairs. the first persons to be appointed commissioner and deputy commissioner shall hold office for a term not exceeding seven years and five years respectively and may be re-appointed for a single term of five years each. a person appointed subsequent to the first appointment as commissioner or deputy commissioner respectively shall hold office for a term not exceeding five years and may be re-appointed for a single term. 164. functions of the commission the commission shall perform the following functions – investigate complaints concerning alleged violations of fundamental rights and freedoms under this constitution; investigate complaints of injustice, corruption, abuse of power in office and unfair treatment of any person by a public officer in the exercise of official duties; investigate complaints concerning the functioning of any public service, service commission, administrative organ of the government, the armed forces in so far as the complaints relate to the failure to achieve acceptable delivery of services or equitable access by all in the recruitment to those services or fair administration by those services; take appropriate action for the remedying, correction or reversal of instances specified in paragraphs (a), (b) and (c) through such means as are fair, proper and effective, including publicising the findings and recommendations of the commission; negotiation and compromise between the parties concerned; causing the complaint and the findings of the commission on that complaint to be reported to the superior of an offending person or institution; referring matters to the director of public prosecutions or the attorney general for appropriate action to secure the termination of the offending action or conduct, or the abandonment or alteration of the offending procedures; and bringing proceedings to restrain the enforcement of any legislation or regulation by challenging the validity of that legislation or regulation where the offending action or conduct is sought to be justified by reference to that legislation or regulation. investigate instances of alleged or suspected corruption and the misappropriation of public moneys or property by officials and to take or recommend appropriate steps, including reports to the attorney-general or the director of public prosecutions or the auditor general; eliminate or foster the elimination of corruption, abuse of authority or public office; promote and foster strict adherence to the rule of law and principles of natural justice in public administration; promote fair, efficient and good governance in public affairs; take such other measures incidental to the above as may be prescribed by parliament. the commission may investigate any matter referred to in subsection (1) in any of the following circumstances – where a complaint is duly made to the commission by any person alleging that the complainant has sustained an injustice as a result of a fault in administration; where a member of parliament requests the commission to investigate the matter on the ground that a person or body of persons specified in the request has or may have sustained an injustice; in any other circumstances in which the commissioner, in good faith, considers that the commission ought to investigate the matter on the ground that some person or body of persons has or may have sustained an injustice. 165. powers of the commission the powers of the commission shall include the following – to issue subpoenas requiring the attendance of any person before the commission and the production of any document, record or thing required for the investigation by the commission; to fine any person for contempt of any subpoena or order, or cause that person to be brought by a competent court for the enforcement of the subpoena or order of the commission; to question any person in respect of any subject matter under investigation before the commission; to require any person to disclose truthfully and frankly any information within the knowledge of that person relevant to any investigation by the commission. the commission may during the course of its proceedings or as a consequence of its findings, make such orders and give such directions as are necessary and appropriate in the circumstances. the commission shall not investigate – a matter which is pending before a court; a matter involving the relations or dealings between the government and any other government or an international organisation; or a matter relating to the exercise of any royal prerogative by the crown. subject to the provisions of subsection (3) the commission may investigate an authority that has been established to investigate a matter where in the opinion of the commissioner the authority is failing to carry out its mandate with due speed. 166. independence of the commission the commission shall be independent in the performance of its functions and shall not be subject to the direction or control of any person or authority. 167. discretion of commissioner in determining whether to initiate, continue or discontinue an investigation, the commissioner shall exercise discretion and in particular and without prejudice to the generality of that discretion, the commissioner may refuse to initiate or continue an investigation where it appears that the complaint relates to action of which the complainant had knowledge for more than twelve months before the complaint was received by the commission; the subject matter of the complaint is trivial, frivolous, vexatious or is not made in good faith; or the complainant has not a sufficient interest in the subject matter of the complaint, unless justified in terms of section 164 (2) (c). 168. report of investigation where a complaint, or request for an investigation, is duly made and the commissioner decides not to investigate the matter or where the commissioner decides to discontinue an investigation of the matter, the commissioner shall inform the person who made the complaint or request of the reasons for not investigating or for discontinuing the investigation. the commission may, where necessary, issue an interim report containing such recommendations as it may deem appropriate in the circumstances. the commission shall, upon completion of an investigation inform the public officer, person, private enterprise or institution of the findings in writing. upon the completion of an investigation the commissioner shall inform the department of government or the authority concerned of the results of the investigation and where the commissioner is of the opinion that any person has sustained an injustice in consequence of a fault in administration, the commissioner shall inform the department of government or the authority of the reasons for the opinion and make such recommendations as the commissioner thinks fit. the commission may in the interim report, or in the final report, specify the time within which the injustice should be remedied. where the investigation is undertaken as a result of a complaint or request, the commissioner shall inform the person who made the complaint or request of the findings. where the matter in the opinion of the commissioner is of sufficient public importance or where the commissioner has made a recommendation under subsection (4) or (5) and within the time specified by the commissioner no sufficient action has been taken to remedy the injustice, or terminate the offensive conduct then, subject to such provision as may be made by parliament, the commission shall lay a special report on the case before parliament. the commissioner shall make annual reports to parliament on the performance of the commission which reports shall include statistics in such form and in such detail as may be prescribed of the complaints received by the commission and the results of any investigation. 169. restrictions on matters for investigation the commission shall not, in investigating any matter leading to, resulting from or connected with the decision of a minister, inquire into or question the policy of the government in accordance with which the decision was made. 170. vacation of office and immunity of commissioners the provision of this constitution relating to the removal of judges of the superior courts from office shall, subject to any necessary modifications and adaptations, apply to the removal from office of the commissioner or deputy commissioner. a member of the commission shall have such and like protection and privilege in the case of any action or suit brought against the commission for any act done or omitted to be done in the honest execution of the duties of the commission as is by law given to acts done or words spoken by a judge of the superior courts in exercise of the judicial office. 171. staff and expenses of the commission the commission shall have such staff as shall be appropriate for the effective discharge of the functions of the commission. administrative expenses of the commission including salaries, allowances and pensions payable to, or in respect of, persons serving with the commission, shall be charged on the consolidated fund. chapter x. the public service part 1. service commissions 172. administration of the public service (1) the public service of swaziland shall be administered through service commissions or similar bodies established under this constitution or any other law. the public service may be divided into sectoral units for ease of management and quick delivery. each sectoral unit may have a separate service commission. 173. establishment and membership there shall be independent and impartial service commissions established in terms of this constitution or any other law for the better management and exercise of certain powers and functions regulating the public service or any part or aspect of the public service. a service commission shall consist of not less than three and not more than five members one of whom shall be appointed a chairman. members of a service commission shall be appointed by the king on the recommendation of a line minister or any other authority as may be provided in this constitution or any other law. in making the recommendations to the king for the appointment of a member of a service commission, the line minister shall proceed in a competitive, transparent and open manner on the basis of suitable qualifications, competence and relevant experience and the minister shall endeavour to recommend a person who can effectively discharge the responsibilities of that office. 174. disqualification for membership a person shall not qualify to be appointed as a member of a service commission unless that person possesses relevant training and is of high moral character and proven integrity and that personqualifies to be elected as a member of parliament; is not a public officer, a minister, member of parliament or a member of the king’s advisory council or similar body; or is not a member of a trade union or staff association. a person shall not be disqualified from membership in terms of subsection (1) (b) or (c) where that person resigns or retires from that occupation within a period of three months from the date of appointment. 175. tenure of office and removal from office the tenure of office of an inaugural chairman and each member shall be six and four years respectively. the chairman and a member shall be eligible for re-appointment for a single term of four years. the chairman or member may vacate office by resignation on notice of three months. a member of a service commission shall be removed from office by the king where a tribunal appointed under subsection (5) recommends that the member ought to be removed from office for inability to exercise the functions of office (by reason of infirmity of body or mind or any other cause); or misbehaviour. where the prime minister (after consultation with the line minister) in the case of the chairman or the chairman in the case of any other member represents to the king that the question of removing a member of a service commission under subsection (4) ought to be investigated, then the king shall appoint a tribunal consisting of a chairman (selected by the chief justice from persons who hold or have held or qualify to hold high judicial office) and two other persons recommended by the line minister; and the tribunal shall enquire into the matter and report on the facts to the king and recommend whether the member ought to be removed under subsection (4). 176. functions and powers of service commissions the functions of a service commission shall include appointments (including promotions and transfers) and selection of candidates for appointment, confirmation of appointments, termination of appointments, disciplinary control and removal from office of officers within the public service or any sector of the public service. for the performance of its functions, a service commission may, among other things – inspect government offices; examine official documents, books or other records; obtain information and advice from any public officer or other government servant; and do all such things, including the taking of evidence on oath and the administration of oaths, as are incidental or conducive to the exercise of the functions of that service commission. a service commission may require any public officer or other government employee whose evidence appears to be material to the determination of any enquiry or investigation conducted by that service commission, to attend at such time and place as may be specified by the service commission, to give evidence or produce any official document, book or other record in the possession or control of that person which relates to a matter in question at any inquiry or investigation. a service commission may, in consultation with the line minister, make regulations for the better carrying out of its functions. 177. protection of members every member of a service commission shall have such and like protection and privilege in the case of any action or suit brought against that member for any act done or omitted to be done in the honest execution of the duties of that member as is by law given to acts done or words spoken by a judge of the high court in the exercise of the judicial office. 178. independence of a service commission in the performance of its functions under this constitution, a service commission shall be independent of and not subject to any ministerial or political influence and this independence shall be an aspect of the exercise of any delegated powers or functions of the civil service commission or any other service commission or similar body. 179. privilege of communication a person shall not in any legal proceedings be permitted or compelled to produce or disclose any communication, written or oral, which has taken place between a service commission or any member or officer of that service commission, and the government, or a line minister, or any officer of the government, or between any member or officer of a service commission and its chairman, or between members or officers of a service commission, in exercise of, or in connection with the exercise of, the functions of a service commission, unless a judge of a superior court orders otherwise. 180. oath of office a member of a service commission or similar body shall not enter upon the duties of office until that member has taken and subscribed the oath of allegiance and the oath for the due execution of office as set out in the second schedule. 181. delegation of functions except as may be specified in this constitution or any other law, nothing in this constitution shall be construed as preventing a service commission from delegating any of its powers or functions to a principal secretary or head of department, or any other person or body of persons or line managers in respect of certain grades or ranks of officers. where a delegation of functions is necessary, an appropriate framework for regulating the delegation of those functions shall be put in place before the delegated functions are exercised. where there is authority for further delegation of functions, that delegation shall be subject to like principles and considerations as outlined in subsection (2). notwithstanding the provisions of subsection (1), the delegation of powers or functions shall not be deemed to prevent a service commission from exercising any of the delegated powers or functions. 182. legal representation any person appearing before a service commission or any person or body conducting an inquiry or investigation on behalf of a service commission shall be entitled to legal representation at the expense of that person. 183. secretariat every service commission shall set up and maintain a competent and qualified secretariat consisting of a secretary and support staff as determined by the body responsible for the public service management or any law. the functions of the secretariat shall include the following providing technical and administrative support to the service commission; keeping proper files and correspondence of the service commission; keeping proper records of minutes of the service commission; convening and preparing for meetings of the service commission as the chairman may direct; advertising new or vacant posts as the service commission may direct; carrying out any other function which the service commission or chairman may direct. 184. annual reports every service commission shall, as soon as possible after the end of each financial year, submit a report to the line minister in respect of the discharge of its functions during the past year and the line minister shall lay every such report before both houses of parliament for consideration during budget debates. 185. application of this part this part applies subject to any express limitation or enlargement to all the service commissions or similar bodies established under this constitution or any other law. part 2. civil service commission 186. establishment, membership etc subject to any other provision of this constitution, the civil service commission is established and constituted in terms of part 1 of this chapter. the civil service commission may, among other things initiate or cause to be initiated appropriate procedures or processes leading to the selection or short listing of candidates for appointment to public office; enquire or cause to be enquired into any grievance or complaint whether or not leading to disciplinary action; exercise appellate functions, with power to vary, in respect of certain decisions by persons or authorities exercising delegated powers; do or cause to be done any act or thing reasonably necessary for the due and prompt execution of any function prescribed in this constitution or any other law; and delegate upon the chairman or any of its members any of its functions. 187. appointment, promotion, transfer etc of public officers subject to the provisions of this constitution or any other law, the power of appointment (including acting appointments, secondments, and confirmation of appointments) promotion, transfer, termination of appointment, dismissal and disciplinary control of public officers shall vest in the civil service commission. a public officer holding a permanent or temporary position shall not be eligible for appointment to anybody that acts in any advisory capacity to the head of state. 188. appointment and removal from office of ambassadors, etc the power to appoint persons to hold or act in the offices to which this section applies and to remove from office persons holding or acting in those offices shall vest in the king acting on the recommendation of the minister responsible for foreign affairs. the offices to which this section applies are the office of ambassador, high commissioner, swaziland representative in any other foreign country or to an international organisation. 189. the police service the royal swaziland police service shall be responsible for preserving the peace, for prevention and detection of crime and the apprehension of offenders. the police service shall have and exercise such other powers and functions as may be prescribed. subject to any lawful superior orders, the command and overall superintendence of the police service shall vest in the commissioner of police who shall also be responsible for the administration and discipline of the police service. the power to appoint a person to hold or act in the office of commissioner of police (including that of deputy commissioner of police) and the power to discipline and remove from office that person shall vest in the king acting on the advice of the minister responsible for the police service and the recommendation of the appropriate service commission or similar body. subsection (4) does not apply in respect of officers below the rank of deputy commissioner of police who, pending the formal establishment of a sector service commission or similar body, shall continue being the responsibility of the civil service commission, subject to any delegation of that responsibility. 190. the correctional services the correctional services for swaziland shall be responsible for the protection and holding on terms convicted persons and the rehabilitation of those persons and the keeping of order within the correctional or prison institutions of the kingdom. the superintendence of the correctional services is vested in the commissioner of correctional services. subject to any lawful superior orders, the commissioner of correctional services shall be responsible for the administration of and the discipline within the correctional services. the power to appoint a person to hold or act in the office of commissioner of correctional services, (including that of deputy commissioner of correctional services) and the power to discipline or remove from office that person vests in the king acting on the advice of the minister responsible for justice and the recommendation of the appropriate service commission or similar body. subsection (4) does not apply in respect of officers below the rank of deputy commissioner of correctional services who, pending the formal establishment of a sector service commission, shall continue being the responsibility of the civic service commission, subject to any delegation of that responsibility. 191. the defence force the umbutfo swaziland defence force consists of an army, an air force and a navy, in that order of precedence. the primary object of the defence force is to defend and protect the sovereignty and integrity and people of the kingdom of swaziland in accordance with the constitution and the principles of international law regulating the use of force. the umbutfo swaziland defence force is a disciplined, non-partisan, permanent national defence force, ultimately subordinate and accountable to civilian authority. the king and ingwenyama is the commander-in-chief of the umbutfo swaziland defence force whose members shall be citizens of swaziland. the army commander and the other commanders are appointed and removed from office by the king and ingwenyama as commander-in-chief acting on the advice of the defence council. there shall be a defence council appointed and removed from office by the king and ingwenyama on prescribed terms and conditions. the defence council is responsible for, among other things, advising the king and ingwenyama on all matters concerning the defence force. 192. disciplinary control over principal secretaries, ambassadors, etc the power to exercise disciplinary control including removal of the officers to which this section applies vests in the king acting as provided in this section. before exercising any disciplinary control in terms of subsection (1), the king shall direct the line minister to refer the question of the exercise of that disciplinary control to the civil service commission or appropriate similar body. the line minister shall cause the person concerned to be furnished with a statement of the grounds upon which it is proposed to exercise the disciplinary control. the civil service commission or other appropriate similar body shall enquire into the facts of the case and shall, where the person so requests, consider any representations made by that person orally or in writing or by legal representative. the commission or the other body shall report to the line minister its findings on the facts and its recommendations concerning the exercise of disciplinary control. where the commission or the other body reports adversely and recommends the exercise of the proposed disciplinary control, the concerned person shall be entitled to the report. the line minister shall make any comments on the report and transmit the report with the comments to the king. this section applies to the office of – secretary to cabinet; principal secretary; commissioner or deputy commissioner of police; commissioner or deputy commissioner of correctional services; ambassador, high commissioner, swaziland representative to a foreign country or to an international organisation. 193. recognition of other service commissions subject to the provisions of this constitution and any other law, other service sectors having separate service commissions or similar bodies may be recognised as part of the public service. the recognition of certain service commissions or similar bodies at the commencement of this constitution does not preclude the recognition or establishment of other service commissions in terms of any other law. for the avoidance of any doubt, in any case in which this section or this constitution does not apply the power to appoint, promote, transfer, or discipline or dismiss public officers shall, pending the establishment of the appropriate service commission or similar body continue to vest where it vests at the commencement of this constitution. part 3. miscellaneous 194. protection of public officers a public officer shall not be victimized or discriminated against for having performed faithfully the duties of office in accordance with this constitution; or dismissed or removed from office or reduced in rank or otherwise punished without just cause or due process of law. a public officer who is appointed by the king and who has been removed but not dismissed from that office unless promoted shall revert to the same or equivalent rank in the public service which that officer held prior to the appointment in terms of that section or accept a retirement package. an officer referred to in sub-section (2) shall not have or continue to enjoy any personal right to the salary or related privileges of the position or rank from which that officer has been removed. the matter of a public officer who has been suspended shall be finalised within six months failing which the suspension shall be lifted. where the suspension is lifted under the provisions of subsection (4) the suspending authority shall give a full report to the line minister as to the circumstances leading to the suspension and the lifting of that suspension. 195. pensions laws and protection of pensions rights the law to be applied with respect to any pensions benefits that were granted to any person at the date of the commencement of this constitution shall be the law that is in force at the date on which those benefits were granted or any law in force at a later date that is not less favourable to that person. the law to be applied with respect to any pensions benefits (not being benefits to which subsection (1) applies) shall in so far as those benefits are wholly in respect of a period of service as a public officer that commenced before the date of commencement of this constitution, be the law that was in force immediately before that date; and in so far as those benefits are wholly or partly in respect of a period of service as a public officer that commenced after the date of commencement of this constitution, be the law in force on the date on which that period of service commenced, or any law in force at a later date that is not less favourable to that person. where a person is entitled to exercise an option as to which of two or more laws shall apply, the law for which that person shall opt, shall for the purposes of this section, be deemed to be more favourable to that person than the other law or laws. all pensions benefits (except so far as they are a charge on some other fund and have been dully paid out of that fund to the person or authority to whom payment is due) shall be a charge on the consolidated fund. subject to the imposition of any reasonable conditions relating to the form in which any payment of pensions benefits is to be remitted, a person who is entitled to the payment of any pensions benefits and who is ordinarily resident outside swaziland may, within a reasonable time after that person has received that payment, remit the whole of it (free from any deduction, charge or tax made or levied in respect of the remission) to any country of choice outside swaziland. pensions benefits shall not be the subject of attachment by order of court for the satisfaction of any judgment or pending the determination of civil proceedings to which a person is a party except where that judgement or civil proceedings are in respect of maintenance. in this section “pensions benefits” means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as public officers or for the widows, children, dependants or personal representatives of those persons in respect of that service. reference in this section to the law with respect to pensions benefits include (without prejudice to their generality) references to the law regulating the circumstances in which such benefits may be granted or in which the grant of such benefits may be refused, the law regulating the circumstances in which any such benefits that have been granted may be withheld, reduced in amount or suspended and the law regulating the amount of any such benefits. 196. power of commissions over pensions where under any law any person or authority has a discretion – to decide whether or not any pensions benefits shall be granted; or to withhold, reduce in amount or suspend any such benefits that have been granted, those benefits shall be granted and may not be withheld, reduced in amount or suspended unless the appropriate commission concurs in the refusal to grant the benefits or, as the case may be, in the decision to withhold, reduce in amount or suspend those benefits. where the amount of any pensions benefits that may be granted to any person is not fixed by law, the amount of the benefits to be granted to that person shall be the greatest amount for which that person is eligible unless the appropriate commission concurs in that person being granted benefits of a smaller amount. the appropriate commission shall not concur under subsection (1) or subsection (2) in any action taken on the ground that any person who holds or has held the office of judge of the high court, judge of the supreme court, attorney-general, auditor-general or director of public prosecutions has been guilty of misbehaviour unless that person has been removed from office by reason of that misbehaviour. in this section “the appropriate commission” means in the case of benefits for which any person may be eligible in respect of the service in the public service of a person who, immediately before that person ceased to be a public officer, was subject to the disciplinary control of the judicial service commission or that have been granted in respect of such service, the judicial service commission; and in any other case, the civil service commission or any other service commission or similar body. in this section “pensions benefits” means any pensions, compensation, gratuities or other like allowances for persons in respect of their services as public officers or for the widows, children, dependants or personal representatives of such persons in respect of such services. 197. right of action for wrongful dismissal, etc where a public officer is removed from office under any of the provisions of this constitution the removal of that person shall be without prejudice to any right of action to which that person may be entitled under any law for the time being in force for damages for wrongful dismissal or loss of status. the provisions of subsection (1) shall not apply and no damages shall be recoverable where the public officer is offered appointment to another public office in respect of which the emoluments are not less than the emoluments of the office from which that officer is removed. the law relating to rights of action for damages for wrongful dismissal or loss of status shall not be altered to the disadvantage of a public officer during the continuance in office of that public officer. this section does not apply to the holder of the office of judge of the high court, judge of the supreme court, attorney-general, director of public prosecutions, or auditor-general; of member of a service commission, commission or board, established under this constitution; to which section 188 applies; who immediately prior to the appointment to that office (or where the person has held more than one such office in succession, to those offices) was not a public officer. chapter xi. public finance 198. consolidated fund there shall be a consolidated fund into which, subject to the provisions of this constitution, shall be paid all revenue or other monies raised or received for the purposes or on behalf of the government; and any other monies raised or received in trust for, or on behalf of, the government. the revenues or other monies referred to in subsection (1) shall not include revenues or other moneys that are payable in terms of or under this constitution or any other law into some other fund established for a specific purpose ; or that may, in terms of or under any law, be retained by the department that received them for the purposes of defraying the expenses of that department. 199. withdrawals from consolidated fund or public fund monies shall not be withdrawn from the consolidated fund exceptto meet expenditure that is charged upon the fund in terms of this constitution or any other law in force in swaziland; or where the issue of those monies has been authorised by, an appropriation act; or a supplementary estimate approved by a resolution of the house. monies shall not be withdrawn from any public fund of swaziland other than the consolidated fund or any contingencies fund unless the withdrawal of those moneys has been authorised by an act of parliament. monies shall not be withdrawn from the consolidated fund except in the manner prescribed by an act of parliament. for the purposes of this section – the deposit with a bank of any monies forming part of the consolidated fund; the investment of any monies forming part of the consolidated fund in the securities in which, under any law of swaziland , trustees are authorised to invest; the making of advances to such extent and circumstances as may be prescribed, are not to be regarded as withdrawal of those monies from the fund. 200. appropriation act the minister responsible for finance shall cause to be prepared and laid before both chambers of parliament, before or not later than sixty days after the commencement of each financial year, estimates of the revenues and expenditure of swaziland for that year. the heads of expenditure contained in the estimates for a financial year (other than expenditure charged upon the consolidated fund in terms of this constitution or any other law) shall be included in a bill to be known as an appropriation bill which shall be introduced in the house to provide for the withdrawal from the consolidated fund of the sums necessary to meet that expenditure and the appropriation of those sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified in the bill. 201. supplementary estimates where in any financial year it is found that– the amount appropriated by the appropriation act for the purposes included in any head of expenditure is insufficient or that a need has arisen for expenditure for a purpose for which no amount has been appropriated in terms of the appropriation act; or moneys have been expended on any head of expenditure in excess of the amount appropriated for the purposes included in that head in terms of the appropriation act or for a purpose for which no amount has been appropriated in terms of the appropriation act, a supplementary estimate showing the sums required or spent shall be laid before the house and shall be included in a motion or motions seeking approval for the supplementary expenditure in such a manner as the house shall prescribe. where a supplementary estimate is deemed desirable a final supplementary appropriation bill shall be introduced in the house, not later than the end of the financial year to which the estimate relates. 202. expenditure in advance of appropriation where the appropriation act in respect of any financial year has not come into operation by the beginning of that financial year, the minister responsible for finance may, where the minister considers that there is an urgent need to incur the expenditure and after obtaining the approval by the house, authorise the withdrawal of moneys from the consolidated fund for the purpose of meeting expenditure necessary to carry on the services of the government until the expiration of four months from the beginning of that financial year or the coming into operation of the appropriation act, whichever is the earlier. the expenditure authorised under sub-section (1) shall not exceed one quarter of the amount authorised for that service in the preceding year. 203. contingencies fund there shall be a contingencies fund into which shall be paid moneys voted by parliament or obtained pursuant to authority under an act of parliament and from which advances may be authorised by the finance committee established in terms of this constitution, whenever this committee is satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from that fund to meet that need. where any advance is made from the contingencies fund, a supplementary estimate shall be laid before the house, and a bill or motion shall be introduced in that house, as soon as possible, for the purpose of replacing the amount so advanced. 204. power to borrow or lend subject to the provisions of this constitution, the government, through the minister responsible for finance, may borrow or raise moneys from any reputable source. the minister responsible for finance shall not borrow, guarantee or raise a loan on behalf of government or any other public institution, authority or person except as authorised by or under an act of parliament. an act of parliament made under subsection (2) shall provide, among other things, that the terms and conditions of the loan shall be laid before parliament and shall not come into operation unless they have been approved by a resolution of parliament; and any moneys received in respect of the loan referred to in paragraph (a) shall be paid into the consolidated fund and form part of that fund or into some other public fund existing or created for the purpose of the loan. the house may, by resolution, authorise the government to enter into an agreement for the giving of a loan or a grant out of any public fund or public account. an agreement entered into in terms of subsection (4) shall be laid before the house and shall not come into operation unless it has been approved by the house by resolution. for the purposes of this section, the expression “loan” includes any money lent or given to or by the government on condition of return or repayment and any other form of borrowing or lending in respect of which moneys from the consolidated fund or any other public fund may be used for payment or repayment; or moneys from any fund by whatever name called, established for the purposes of payment or repayment whether in whole or in part and whether directly or indirectly, may be used for payment or repayment. parliament may by law exempt any categories of loans from the provisions of subsections (2) and (3) subject to such conditions as parliament may prescribe. 205. public debt all debt charges for which swaziland is liable shall be a charge on and paid out of the consolidated fund. for the purposes of this section “debt charges” includes interest on that debt, sinking fund charges, the repayment or amortisation of debt and all expenditure in connection with the raising of loans on the security of the revenues of swaziland or the consolidated fund and on the service and redemption of debt thereby created. 206. the central bank there shall be the central bank of swaziland consisting of the governor and such other staff and having such powers and functions as parliament shall determine. the central bank shall, among other thingsbe the only authority to issue the currency of the kingdom; be the sole custodian of public funds both in and outside swaziland with power, by appropriate instrument, to delegate such custody of funds as may be specified in that instrument; maintain an adequate external reserve for swaziland; supervise the operations of financial institutions in the kingdom; issue securities on its own accounts; promote monetary stability and a sound financial structure in swaziland; and foster financial conditions supportive of an orderly balanced economic development of swaziland. the powers of the bank shall vest in a board of directors appointed by the minister responsible for finance of which the governor and the deputy governor shall be members. the governor shall be appointed by the king on the advice of the prime minister based on the recommendation of the board. the bank shall be independent and not subject to the control or direction of any person or authority save as may be necessary for the due performance of its functions. the bank shall have power to disallow any transaction, investment or transfer of any foreign exchange both in and outside swaziland which is contrary to the law or which may be prejudicial to the monetary policy or price stability of swaziland when performing its functions under this constitution or any other law. parliament shall make law for the proper organisation and efficient operation of the bank and for other matters incidental to the operation of the bank. 207. auditor-general there is established the office of auditor-general, which is a public office. the auditor-general shall be appointed by the king acting on the advice of the minister responsible for finance after recommendation by the civil service commission. the public accounts of swaziland and of all offices, courts and authorities of the government shall be audited and reported on by the auditor-general and for that purpose the auditor-general or any other person authorised by the auditor-general shall have access to all books, records, reports and other documents relating to those accounts. notwithstanding the provisions of subsection (3), where it is provided by any law, in the case of anybody corporate directly established by law, the accounts of that body corporate shall be audited and reported on by such person as may be specified by that law. the auditor-general shall submit reports to the minister responsible for finance, who shall cause those reports to be laid before both chambers of parliament. the auditor-general shall perform such other functions as may be conferred by law. the auditor-general shall, in the exercise of the powers of that office, be independent and not be subject to the direction or control of any person or authority. the auditor-general shall, in the performance of the functions under this constitution or any other law, have power to disallow any item of expenditure which is contrary to law and to surcharge the person responsible for incurring or authorising that expenditure or loss. the auditor-general may only be removed from office on the same grounds and in the like manner as a judge of the superior court in terms of section 158 subject to the substitution of the chief justice and the judicial service commission with the chairman and the civil service commission respectively. 208. remuneration of certain officers there shall be paid to the holders of the offices to which this section applies such salaries and such allowances as may be prescribed. the salaries and any allowances payable to the holders of the office to which this section applies shall be a charge on and paid out of the consolidated fund. the salary and the terms of office of the holder of any office to which this section applies shall not be altered to the disadvantage of the holder of that office after that holder has been appointed to that office. this section applies to the office of judge of the superior courts, appointed member of a board, commission or service commission, attorney-general, director of public prosecutions, auditor-general, secretary to cabinet and such other office as may be prescribed. 209. the finance and public accounts committees there shall be established in the house two sessional committees, namelythe finance committee, and the public accounts committee. the duties of the finance committee shall be as regulated by the standing orders of the house and shall include – considering and reporting to the house on any supplementary estimate in terms of section 201; and considering and reporting to the house on any matter relating to public finance as the house may refer to the committee. the duties of the public accounts committee, shall be regulated by the standing orders of the house and shall include the duty to examine and report to the house on the accounts of the government tabled before the house in terms of section 208(5). the provisions of section 129 shall apply in relation to the general powers, procedure and privileges of the two committees. chapter xii. land, minerals, water and environment 210. declaration of land, minerals and water as national resource subject to the provisions of this constitution or any other law, land, minerals and water are national resources. in the interests of the present and future generations, the state shall protect and make rational use of its land, mineral and water resources as well as its fauna and flora, and shall take appropriate measures to conserve and improve the environment. 211. land from the date of commencement of this constitution, all land (including any existing concessions) in swaziland, save privately held title-deed land, shall continue to vest in ingwenyama in trust for the swazi nation as it vested on the 12th april, 1973. save as may be required by the exigencies of any particular situation, a citizen of swaziland, without regard to gender, shall have equal access to land for normal domestic purposes. a person shall not be deprived of land without due process of law and where a person is deprived, that person shall be entitled to prompt and adequate compensation for any improvement on that land or loss consequent upon that deprivation unless otherwise provided by law. subject to subsection (5), all agreements the effect of which is to vest ownership in land in swaziland in a non-citizen or a company the majority of whose share-holders are not citizens shall be of no force and effect unless that agreement was made prior to the commencement of this constitution. a provision of this chapter may not be used to undermine or frustrate an existing or new legitimate business undertaking of which land is a significant factor or base. 212. land management board there shall be established a land management board (hereafter in this section referred as the “board”), shall consist of a chairman and not more than four members appointed by ingwenyama. the members of the board shall be appointed for a period of not more than five years and shall be eligible for re-appointment. the allowances payable to the members of the board shall be charged on the consolidated fund. the board is responsible for the overall management, and for the regulation of any right or interest in land whether urban or rural or vesting in ingwenyama in trust for the swazi nation. in performing its functions the board shall be accountable to ingwenyama. subject to the provisions of this section, the board may regulate its own procedure. a member of the board (including the chairman) may be removed from office as far as may be practicable on the same grounds and in like manner as a member of a service commission under section 175. 213. minerals all minerals and mineral oils in, under or upon any land in swaziland shall, after the commencement of this constitution, continue to vest in ingwenyama in trust for the swazi nation as vested on the 12th april 1973. 214. minerals management board there is established a minerals management board (hereinafter referred to in this section as the “board”) which shall consist of the commissioner of mines, a mine engineer, an economist, a legal practitioner with at least five years experience and three other persons all of whom shall be appointed by ingwenyama on the advice of the minister responsible for minerals. ingwenyama shall appoint one of the persons referred in subsection (1) as chairman of the board. the members of the board other, than the commissioner of mines, shall be appointed for a period of not more than five years and may be eligible for reappointment. the allowances payable to the members of the board shall be charged on the consolidated fund. the functions of the board is to advise ingwenyama on the overall management of minerals and making of grants, leases or other dispositions conferring rights or interests in respect of minerals or mineral oils in swaziland. a member of the board (including the chairman) may be removed from office as far as may be practicable on the same grounds and in like manner as a member of a service commission under section 175 subject to the substitution of the prime minister in that section with the minister responsible for natural resources. subject to the provisions of this section, the board shall regulate its own procedure. 215. water there shall be no private right of property in any water found naturally in swaziland. 216. environment every person shall promote the protection of the environment for the present and future generations. urbanisation or industrialisation shall be undertaken with due respect for the environment. the government shall ensure a holistic and comprehensive approach to environmental preservation and shall put in place an appropriate environmental regulatory framework. 217. further provisions parliament may make laws providing for the management of land and settlement of land disputes and for the regulation of any right or interest in land whether urban or rural and whether privately owned or vesting in the king; regulating the rights and interests in minerals and mineral oils; regarding the use of water naturally found in swaziland; and for the protection of the environment including management of natural resources on a sustainable basis. chapter xiii. local government 218. local government parliament shall within five years of the commencement of this constitution provide for the establishment of a single country-wide system of local government which is based on the tinkhundla system of government, hierarchically organised according to the volume or complexity of service rendered and integrated so as to avoid the urban/ rural dichotomy. the primary objective of the tinkhundla – based system of government is to bring government closer to the people so that the people at sub-national or local community level progressively take control of their own affairs and govern themselves. local government shall be organised and administered, as far as practicable, through democratically established regional and sub-regional councils or committees. 219. local government areas parliament shall provide for the division of swaziland into as many local government areas as the elections and boundaries commission may from time to time recommend. in defining local government areas the commission shall take into account existing chiefdom areas; redraw tinkhundla boundaries as may be necessary; integrate urban and rural areas where necessary; take into consideration . the population, the physical size, the geographical features, the economic resources, the existing or planned infrastructure of each area; the possibilities of facilitating the most rational management and use of the resources and infrastructure of the area, with a view to ensuring that a local government area is, or has the potential for becoming, economically sustainable. the boundaries of chiefdom areas may be changed subject to section 115. a town or city may be divided into two or more areas of local government. local government areas may be rural or urban or partly rural and partly urban. subject to the recommendations of the commission, parliament may abolish a local government or alter the boundaries of a local government area. 220. administration of local government areas a local government area shall be administered by an elected or appointed, or partly elected and partly appointed council or committee as parliament may prescribe. subject to re-election or re-appointment, the term of office of a council or committee shall be similar to that for members of parliament. 221. duties of a local government authority the primary duty of a local government authority is to ensure, in accordance with the law, the efficient management and development of the area under its jurisdiction in consultation with local traditional authority where applicable. a local government authority may maintain and protect life, public property, improve working and living conditions, promote the social and cultural life of the people, raise the level of civic consciousness, preserve law and order within its area and generally preserve the rights of the people in that area. depending on its level of development, a local government authority shall determine, plan, initiate and execute policies, taking into account national policy or development plan. a local government authority shall organise and promote popular participation and cooperation in respect of political, economic, cultural and social life of the area under its control. a local government authority may oversee the performance of persons employed by the government services or implementation of government projects in the area of that local government authority. 222. power to raise revenue, etc subject to any other law a local government has powerto levy and collect taxes, rates, duties and fees as may be specified for the execution of its programmes and policies; to formulate and execute plans, programmes and strategies for the effective mobilisation of the resources necessary for the overall benefit and welfare of the people within its area. 223. subvention of local governments the government shall where necessary allocate funds and necessary expertise for the assistance of local governments. 224. integration of development programmes the development programmes of a local government shall where appropriate be integrated into the national development plan to be mainly funded by the government. 225. management of local government affairs there shall be designated a ministry to be responsible for the management of local government affairs. for effective management, the affairs of the ministry shall be divided along the four regions headed by regional administrators in terms of this constitution. each region shall be divided into various local government areas as provided under sections 80 and 219. for purposes of this chapter, chiefs shall be under the general oversight of the ministry for local government. 226. constitution of local government authorities subject to the provisions of this constitution, parliament shall make provision for the constitution, powers, election, membership, vacation, qualification and regulations, accountability, auditing, control and supervision of local government authorities. chapter xiv. traditional institutions 227. traditional institutions the swazi traditional government is administered according to swazi law and custom and the traditional institutions that are pillars of the monarchy as set out in subsection (2). the following swazi traditional institutions are hereby guaranteed and protected ingwenyama; indlovukazi; ligunqa (princes of the realm); liqoqo sibaya; (tikhulu) chiefs; umntfwanenkhosi lomkhulu (senior prince); tindvuna (royal governors). 228. ingwenyama ingwenyama is the traditional head of the swazi state and is chosen by virtue of the rank and character of his mother in accordance with swazi law and custom. ingwenyama enjoys the same legal protection and immunity from legal suit or process as the king. subject to an elaborate system of advisory councils, the functions of ingwenyama under this chapter shall be regulated by swazi law and custom. 229. the ndlovukazi the ndlovukazi (queen mother) is traditionally the mother of the ingwenyama and the symbolic grandmother of the nation. the ndlovukazi is selected and appointed in accordance with swazi law and custom. the official residence of the ndlovukazi is the legislative and ceremonial capital of the nation and the arena of the incwala and umhlanga. the ndlovukazi has such powers and performs such functions as swazi law and custom assigns to her. without derogating from the generality of subsection (4) the ndlovukazi exercises a moderating advisory role on ingwenyama. the ndlovukazi shall be immune fromsuit and legal process in any civil case in respect of all things done or omitted to be done by her in her private capacity; and being summoned to appear as a witness in any civil or criminal proceedings. the ndlovukazi shall be immune from taxation in respect of emoluments or any income accruing to her in her private capacity and all property owned by her in her private capacity. 230. ligunqa the ligunqa (bantfwabenkhosi) are princes of the realm, the paternal uncles and half-brothers of ingwenyama who exercise functions of a sikhulu (chief) over some area and whose mothers were given liphakelo (authority to oversee and exercise jurisdiction over an area accorded by ingwenyama in accordance with swazi law and custom). ligunqa ranks above liqoqo and is convened by ingwenyama or the ndlovukazi as queen regent. the membership of ligunqa includes the indvuna referred to in section 235(2) and some members of emabekankhosi (king-makers) determined in accordance with swazi law and custom. ingwenyama, from time to time, consults all or some of the members of ligunqa on important or sensitive matters or disputes including matters of succession connected with the monarchy. ligunqa will also advise ingwenyama, the ndlovukazi as queen regent where that advice is necessary in the national interest to ensure the stability and continuity of the monarchy. 231. liqoqo the liqoqo is an advisory council whose members are appointed by ingwenyama from the membership of bantfwabenkhosi (emalangeni), tikhulu (chiefs) and persons who have distinguished themselves in the service of the nation. where necessary the members of liqoqo may be appointed by the ndlovukazi as queen regent. liqoqo traditionally advises ingwenyama on disputes in connection with the selection of tikhulu (chiefs) boundaries of chiefdoms and any other matter ingwenyama may assign for their advice in confidence. a judicial officer, member of parliament or of a service commission shall not at the same time qualify to be a member of liqoqo. a member of liqoqo shall hold office for a period not exceeding five years and shall be eligible for re-appointment and shall vacate office where the member dies; resigns; or is removed from office by ingwenyama or indlovukazi as queen regent. a member of liqoqo shall, before assuming office, take and subscribe the oath of allegiance and due execution of office set out in the second schedule. liqoqo is convened and traditionally presided over by ingwenyama who may assign this responsibility to any person designated by him for that purpose. 232. sibaya (the swazi national council) the people through sibaya constitute the highest policy and advisory council (libandla) of the nation. the sibaya is the swazi national council constituted by bantfwabenkhosi, the tikhulu of the realm and all adult citizens gathered at the official residence of the ndlovukazi under the chairmanship of ingwenyama who may delegate this function to any official. sibaya functions as the annual general meeting of the nation but may be convened at anytime to present the views of the nation on pressing and controversial national issues. 233. tikhulu (chiefs) chiefs are the footstool of ingwenyama and ingwenyama rules through the chiefs. the ingwenyama may appoint any person to be chief over any area. the general rule is that every umphakatsi (chief’s residence) is headed by a chief who is appointed by ingwenyama after the chief has been selected by the lusendvo (family council) and shall vacate office in like manner. the position of a chief as a local head of one or more areas is usually hereditary and is regulated by swazi law and custom. unless the situation otherwise requires, a chief shall assume office at the age of eighteen years or so soon thereafter as the period of mourning comes to an end. a chief, as a symbol of unity and a father of the community, does not take part in partisan politics. a chief may be appointed to any public office for which the chief may be otherwise qualified. the powers and functions of chiefs are in accordance with swazi law and custom or conferred by parliament or ingwenyama from time to time. in the exercise of the functions and duties of his office a chief enforces a custom, tradition, practice or usage which is just and not discriminatory. 234. umntfwanenkhosi lomkhulu (senior prince) umntfwanenkhosi lomkhulu is a paternal uncle of the king selected and appointed in accordance with swazi law and custom. 235. tindvuna traditionally swaziland has a number of tindvuna or governors in charge of the regiments and the royal villages. the indvuna of the ndlovukazi’s residence is the first-amongst-equals or governor-general. the position of an indvuna is not strictly hereditary even though appointment is made within a limited range of leading commoner families. tindvuna assist in the traditional government of the country by carrying out certain decisions and advising ingwenyama or ndlovukazi in various other respects. tindvuna hear cases, give judgments and advise on the temper of the nation, organise labour for the royal fields and ensure that the royal kraals and villages are periodically repaired. tindvuna also facilitate access to ingwenyama or ndlovukazi to those seeking royal audience. the tindvuna of the royal residences will normally have a small council to consult before taking a decision. chapter xv. international relations 236. international relations in dealing with other nations, swaziland shall – promote and protect the interests of swaziland; observe and promote the policy of non-interference in the internal affairs of other nations; promote the principle of peaceful settlement of international disputes; endeavour to uphold the principles, aims and ideals of the united nations, the commonwealth, the african union, the southern african development community, other international organizations of which swaziland is a member. swaziland shall conduct its international affairs directly or through officers of the government in accordance with the accepted principles of public or customary international law and diplomacy in a manner consistent with the national interest. 237. diplomatic representation subject to the provisions of section 188, the king shall appoint and remove from office the diplomatic representatives of swaziland to other countries and international organisations. the king may receive envoys accredited to swaziland. 238. international agreements the government may execute or cause to be executed an international agreement in the name of the crown. an international agreement executed by or under the authority of the government shall be subject to ratification and become binding on the government by an act of parliament; or a resolution of at least two-thirds of the members at a joint sitting of the two chambers of parliament. the provisions of sub-section (2) do not apply where the agreement is of a technical, administrative or executive nature or is an agreement which does not require ratification or accession. unless it is self-executing, an international agreement becomes law in swaziland only when enacted into law by parliament. accession to an international agreement shall be done in the same manner as ratification under sub-section (2). for the purposes of this section, “international agreement” includes a treaty, convention, protocol, international agreement or arrangement. chapter xvi. leadership code of conduct 239. purpose of code the leadership code of conduct seeks to ensure that those in leadership, whether elective or appointive are transparent in their activities and accountable to the people they represent or serve; are committed to the rule of law and administrative justice; adhere to the principles of service for the common good; do not abuse office; and do not engage in conduct that is likely to lead to corruption in public affairs. 240. conflict of interest a person who holds an office referred to in section 241 (2) shall notassume a position where personal interest conflicts or is likely to conflict with the performance of functions of office; and engage in conduct that is likely to compromise the honesty, impartiality and integrity of that officer; likely to lead to corruption in public affairs; or which is detrimental to the public good or welfare or good governance. 241. declaration of assets and liabilities a person who holds an office mentioned in sub-section (2) shall submit to the integrity commission, a written declaration of all property, assets owned by, or any benefit gained or liabilities owed by the holder of that office whether directly or indirectly – within six months after the commencement of the integrity commission or before taking office as the case may be; at the end of every two years; and at the end of his term of office. sections 240 and 241(1) apply to the holders of the following officesprime minister, deputy prime minister and minister; member of the king’s advisory council; member of parliament including the presiding officers; chairman and member of a service commission or board; army commander and deputy army commander; commissioner of customs; commissioner of police and deputy commissioner of police; commissioner of labour; commissioner of correctional services and deputy commissioner of correctional services; commissioner of taxes; justice of the superior court of judicature and all judicial officers; ambassador, high commissioner, and head of diplomatic or consular mission; secretary to the cabinet; commissioner and deputy commissioner of the integrity commission; member of the elections and boundaries commission; attorney-general and deputy attorney-general; head of ministry of government or department; director of public prosecutions and deputy director of public prosecutions; managing director, general manager and departmental head of a public corporation or company in which the government has a controlling interest; and in the public service and any other public institution as parliament may prescribe. the commissioner and deputy commissioner of the integrity commission shall make the declaration under this section to the judicial service commission. the declaration made under this section shall, on demand be produced in evidence before – a court of competent jurisdiction; or an investigator appointed by the integrity commission. any property or assets acquired by an officer after initial declaration required under this section and which is not reasonably attributable to income, government loan, inheritance or any other legitimate source shall be deemed to have been acquired in contravention of this chapter unless duly declared. an allegation that an officer referred to in this section has contravened or has not complied with a provision of this chapter shall be made to the integrity commission and in the case of a member of the integrity commission, to the judicial service commission which shall, unless the person concerned makes a written admission of the contravention or non-compliance, cause the matter to be investigated. the integrity commission or the judicial service commission, as the case may be, may take such action as the commission considers appropriate in respect of the results of the investigation or admission. 242. failure to comply with code an officer who contravenes the code may, after due process of law, be dismissed or removed from office by reasons of such breach or abuse and may be disqualified from holding any public office either generally or for a specified period. any property or assets acquired after the initial declaration under this chapter and which is not reasonably attributable to income, government loan, inheritance or any other legitimate source, shall, after due process of law, be forfeited to government. 243. the integrity commission the commission on human rights and public administration established in terms of section 163 of this constitution shall for purposes of this chapter, constitute the integrity commission. the integrity commission is responsible for receiving from time to time, declarations in writing of assets and liabilities of persons referred to in section 240(2), for enforcing the code and supervising all matters connected with the code as may be prescribed. 244. penalties, etc parliament may make law – prescribing penalties additional to those prescribed for breach of the code; prescribing procedures, guidelines and practices for ensuring the effective enforcement of the code; necessary for ensuring the promotion and maintenance of honesty, probity, impartiality and integrity in public affairs; for the proper custody of declarations and other documents delivered to the commission; for the maintenance of secrecy in respect of all information received by the commission in the course of its duties with respect to the assets, liabilities and income of any person referred to in section 240 (2); and for a suitable judicial code of conduct. chapter xvii. amendment of the constitution 245. mode of amendment subject to the provisions of this chapter, parliament may amend any provision of this constitution by the introduction of a bill expressly providing that the constitution shall be amended as proposed in that bill. a bill to amend this constitution shall only be introduced at a joint sitting of the senate and the house summoned for the purpose in accordance with the provisions of the first schedule. a bill under subsection (2) shall not be so introduced unless that bill has been published in the gazette not less than thirty days before the introduction at the joint sitting. after the bill has been introduced in the joint sitting, no further proceedings shall be taken on the bill in parliament until the prescribed period has elapsed. if, after the prescribed period the bill is passed at the joint sitting and or at a referendum with the requisite majority, the bill shall be submitted to the king for assent. 246. amendment of specially entrenched provisions where a bill in terms of this chapter contains provision for amending any of the specially entrenched provisions of this constitution as set out in sub-section (2), the bill shall not be passed at the joint sitting unless it is supported on its final reading by the votes of not less than three-quarters of all the members of the two chambers. the specially entrenched provisions are as follows the kingdom and its constitution: section 2; monarchy: section 4, 5, 7(2), 7(3), 8(2), 9, 10, 11; protection and promotion of fundamental rights and freedoms chapter iii the executive: section 64, 65, 66(1), 69(1), 69(2); the legislature: section 79, 84, 93, 106, 108, 115, 119(1), 134; the judicature: section 138, 139, 140, 141, 146, 151, 153(1) 155, 158, 159 except 159(5); director of public prosecutions and the commission on human rights: section 162(1), 162(4), 162(6); public finance: section 207(1); land, minerals, etc: section 210(1), 211(1), 213; traditional institutions: section 227, 228, 229; 230; 231; amendment of the constitution: chapter xvii; miscellaneous: chapter xviii in its application to any of the provisions referred to in this section except section 251; the first schedule in its application to any of the provisions referred to in this section. where a bill in terms of this section has been duly passed at a joint sitting that bill shall not be presented to the king for assent unless it is approved by a simple majority of all votes validly cast at a referendum in such manner as may be prescribed, at which every person who at the time of the referendum is registered as a voter for purposes of the elected members of the house shall be entitled to vote. 247. amendment of the entrenched provisions where a bill in terms of this chapter contains provision for amending any of the entrenched provisions of this constitution (as set out in subsection (2)), the bill shall not be passed at the joint sitting unless it is supported on its final reading by the votes of at least two-thirds of all the members of the two chambers. the entrenched provisions are as follows monarchy: section 12, 13; the executive: section 67, 68(2), 68(4), 68(7), 70, 77(1), 77(2), 77(8), 77(9); the legislature: section 85(1), 87(1), 87(2), 90, 105, 107, 111, 112, 115, 116, 117, 130, 131(1), 131(2), 133(1), 133(4), 135, 136; the judicature: section 142, 145, 147, 148, 149, 150, 154, 156, 157, 159(5), 160; director of public prosecutions and the commission on human rights and administration of justice, section 162(2), 162(3), 162(5), 162(7), 163; 164, 166, 170; the public service: section 173, 175, 176, 177, 178, 179, 181, 182, 187, 188, 189, 190, 191, 192, part 3; public finance: chapter xi except section 207(1); land, minerals, etc: section 212(1), 212(7), 214(1), 214(6), 215; local government: section 218; traditional institutions: chapter xiv except sections 227, 228 and 229; international relations: section 236, 238; leadership code of conduct: section 240, 241(1), 242, 243; miscellaneous: chapter xviii in its application to any of the provisions referred to in this section; the first schedule in its application to any of the provisions referred to in this section. 248. certificate of compliance a bill passed as provided under this chapter shall not be presented to the king for assent unless that bill is accompanied by a certificate under the hand of the president of senate and the speaker of the house of assembly that the provision of sections 245, 246 and 247(1) have been complied with. where the bill in terms of section 246 was approved at a referendum that bill shall also be accompanied by the certificate of the officer in charge of that referendum when presented for assent. 249. lapsing of a bill a bill to amend this constitution shall lapse if that bill is not submitted for assent at the date of the conclusion of the next session of parliament after the session in which it is introduced; if on any reading of the bill in a joint sitting that bill is not passed; or if, having been submitted to a referendum in accordance with section 246(3), that bill is not approved in the manner provided by that subsection. 250. interpretation in this chapter – references to any of the provisions of this constitution include references to any law that amends, alters or replaces that provision; references to the amendment of this constitution or, as the case may be, to amending any provision of this constitution include references to revoking that provision with or without re-enactment or the making of different provision in place of that other provision; to modifying that provision, whether by omitting or amending any of its provisions or inserting additional provisions in that provision or otherwise; to suspending the operation of that provision for any period or terminating that suspension, and “prescribed period” in relation to any bill containing provisions to alter any provision of this constitution means a period of ninety days commencing from the introduction of the bill in a joint sitting. chapter xviii. miscellaneous 251. council of chiefs there shall be a council of chiefs which shall be composed of twelve chiefs drawn from the four regions of the kingdom appointed by the ingwenyama on a rotational basis. there shall be a chairman of the council who shall be appointed by the ingwenyama and a secretary whose office shall be a public office. the council of chiefs shall be responsible for, among other thingsadvising the king on customary issues and any matter relating to or affecting chieftaincy including chieftaincy disputes; performing the function in terms of section 115; and performing such other functions as may be assigned by this constitution or any other law. members of the council of chiefs shall be divided into three classes of four each and the first class shall vacate office at the expiry of two years, the second class shall vacate office at the expiry of three years and the third class shall vacate office at the expiry of four years. chiefs in the respective regions may meet as and when necessary but at least twice a year. 252. the law of swaziland subject to the provisions of this constitution or any other written law, the principles and rules that formed, immediately before the 6th september, 1968 (independence day), the principles and rules of the roman dutch common law as applicable to swaziland since 22nd february 1907 are confirmed and shall be applied and enforced as the common law of swaziland except where and to the extent that those principles or rules are inconsistent with this constitution or a statute. subject to the provisions of this constitution, the principles of swazi customary law (swazi law and custom) are hereby recognised and adopted and shall be applied and enforced as part of the law of swaziland. the provisions of subsection (2) do not apply in respect of any custom that is, and to the extent that it is, inconsistent with a provision of this constitution or a statute, or repugnant to natural justice or morality or general principles of humanity. parliament may provide for the proof and pleading of the rule of custom for any purpose; regulate the manner in which or the purpose for which custom may be recognised, applied or enforced; and provide for the resolution of conflicts of customs or conflicts of personal laws. 253. subordinate legislation an act of parliament may make provision conferring functions on a joint sitting of the chambers of parliament with respect to any subordinate legislation (that is to say any instrument having the force of law made under an act of parliament) and for the summoning and procedure of a joint sitting for the purpose of the exercise of those functions. every subordinate legislation shall before commencement be laid before each chamber of parliament for a period of at least fourteen days. subject to the provisions of subsection (4), if during the period of fourteen days that legislation is not called upon for debate by motion of any member, then the legislation shall be deemed to have been approved by the chamber concerned. where the legislation is called up for debate, that legislation shall only come into force when after the debate the chamber concerned resolves to approve the legislation with or without any alterations. the provisions of subsections (2) to (4) inclusive shall not apply where a chamber resolves by a two-thirds majority of all its members that it shall not be necessary for the minister concerned to place the legislation in question before the chamber for the prescribed period. 254. references to public office, etc in this constitution, unless the context otherwise requires, the expression “public office” – shall be construed as including the offices of judges of the high court and supreme court, the offices of members of all other courts of law in swaziland (other than courts-martial), and the offices of members of the police force and of members of the prison services; and shall not be construed as including the offices of president or deputy president of the senate, speaker or deputy speaker of the house, minister, deputy minister, senator, member of the house or member of any commission established by this constitution. 255. acting appointments in this constitution, unless the context otherwise requires, a reference to the holder of an office by the term designating that office shall be construed as including a reference to any person for the time being lawfully acting in or exercising the functions of that office. where power is vested by this constitution in any person or authority to appoint any person to act in or perform the functions of any office where the holder of that power is himself unable to perform those functions, the appointment shall not be called in question on the ground that the holder of the office was able to perform those functions. 256. removal from office reference in this constitution to the power to remove a public officer from office shall be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service and to any power or right to terminate a contract on which a person is employed as a public officer and to determine whether any such contract shall or shall not be renewed. nothing contained in subsection (1) shall be construed as conferring on any person or authority power to require a judge of the superior courts, the attorney-general, the director of public prosecutions or the auditor-general to retire from the public service. any power conferred by any law to permit a person to retire from public service shall, in the case of any public officer who may be removed from office by some person or authority other than a commission established by this constitution, vest in the appropriate service commission. any provision in this constitution that vests in any person or authority power to remove any public officer from office shall be without prejudice to the power of any person or authority to abolish any office or to any law providing for the compulsory retirement of public officers generally or any class of public officer on attaining an age specified therein. 257. resignations save or as otherwise provided in this constitution, any person who has been appointed to any office established by this constitution may resign from that office by letter under his hand addressed to the person or authority by whom he was appointed, and the resignation shall take effect and the office shall accordingly become vacant at such time or on such date (if any) as may be specified in the writing or; subject to subsection (2), when the letter is received by the person or authority to whom it is addressed or by such other person as may be authorised by that person or authority to receive it. any resignation referred to in subsection (1) may be withdrawn before becoming effective where the person or authority to whom the resignation is addressed consents to the withdrawal. 258. re-appointments and concurrent appointments where any person has vacated any office established by this constitution, he may, if qualified, again be appointed or elected to hold that office in accordance with the provisions of this constitution. where a power is conferred by this constitution upon any person to make any appointment to any office, a person may be appointed to that office notwithstanding that some other person may be holding that office, when that other person is on leave of absence pending the relinquishment of the office, and where two or more persons are holding the same office by reason of an appointment made in pursuance of this subsection, then, for the purposes of any function conferred upon the holder of that office, the person last appointed shall be deemed to be the sole holder of the office. 259. power to amend or revoke instruments etc where any power is conferred by this constitution to make any order, regulation or rule, or to give any direction, the power shall be construed as including the power, exercisable in like manner, to amend or revoke any such order, regulation, rule or direction. 260. saving for jurisdiction of the high court a provision of this constitution that a person or authority shall not be subject to the direction or control of any other person or authority in the exercise of any functions under this constitution shall not be construed as precluding the high court from exercising jurisdiction in relation to any question whether that person or authority has performed those functions in accordance with this constitution or any other law or should not perform those functions. 261. interpretation in this constitution unless the context otherwise requires – “act of parliament” means any law made by the king and parliament; “chamber” means a house of parliament; “the commonwealth” means the countries that are independent members of the commonwealth and territories for whose international relations any of those countries is wholly or in part responsible; “financial year” means the period of twelve months ending on the thirty-first day of march in any year or such other day as may be prescribed; “the gazette” means the swaziland government gazette; “the government” means the government of swaziland; “high judicial office” means the office of a judge of a court of unlimited jurisdiction in civil and criminal matters in some part of the commonwealth that may be prescribed or the office of a judge of a court having jurisdiction in appeals from such a court; “the house” means the house of assembly; “law” includes any instruments having the force of law and any unwritten rule of law; “ndlovukazi” means a person appointed in terms of section 229 of this constitution; “ngwenyama” means a person appointed in terms of section 228 of this constitution; “oath” means the oath of allegiance set out in the second schedule and also includes affirmation; “parliament” means the parliament of swaziland; “prescribed” means prescribed in law or, in relation to anything that may be prescribed only by an act of parliament, it means so prescribed; “public office” means subject to the provisions of section 254 any office of emolument in the public service; “public officer” means subject to the provisions of section 254 the holder of any public office and includes any person appointed to act in any public office; “public service” means the service of the crown in a civil capacity in respect of the government of swaziland; “session” means, in relation to parliament, the sittings of parliament commencing when the house first meets after this constitution comes into force or when parliament first meets after its prorogation at any time and terminating when parliament is prorogued or is dissolved without having been prorogued; “sibaya” means the nation meeting as the swazi national council at the ndlovukazi’s official residence for the purpose of deliberating or deciding on important national matters; “sitting” means in relation to a chamber, a period during which that chamber is sitting continuously without adjournment, and includes any period during which the chamber is in committee; “vusela” means a consultative process whereby a person or group of persons or community is visited and addressed with a view to soliciting opinion or consensus on some public matter. in this constitution a reference to an appointment to any office shall be construed as including a reference to the appointment of a person to act or perform the functions of that office at any time when the office is vacant or the holder of that office is unable to perform the functions of that office; and a reference to the holder of an office by the term designating the office of that holder shall be construed as including a reference to any person for the time being lawfully acting in or performing the functions of that office. save as otherwise provided in this constitution, the interpretation act 1899 or its successor shall apply, with the necessary adaptations, for the purpose of interpreting this constitution. chapter xix. transitional provisions 262. existing government notwithstanding anything in this constitution, the government existing immediately before the coming into force of this constitution shall continue in office and, as far as possible, exercise its powers and functions in such a manner and with such modifications as are necessary to bring them into conformity with the provisions of this constitution. 263. existing parliament notwithstanding anything in this constitution, the parliament existing immediately before the coming into force of this constitution shall continue in office and, as far as possible, exercise its powers and functions in such a manner and with such modifications as are necessary to bring them into conformity with the provisions of this constitution. 264. existing courts of judicature the court of appeal and the high court, in existence immediately before the commencement of this constitution shall be deemed, subject to such modifications as may be necessary, to have been established under this constitution and shall perform the functions of the supreme court and the high court specified in chapter viii of this constitution. 265. continuation of appointment of justices of superior courts a justice of the superior courts holding office immediately before the commencement of this constitution shall continue to hold office as if appointed to that office under this constitution. any person to whom this section applies shall on the commencement of this constitution be deemed to have taken and subscribed the oath of allegiance and the judicial oath as prescribed by this constitution. 266. existing offices a person who immediately before the commencement of this constitution held or was acting in any office established by or by virtue of the constitution then in force, so far as is consistent with the provisions of this constitution, shall be deemed to have been appointed as from the commencement of this constitution, to hold or to act in the equivalent office under this constitution. a person who before the commencement of this constitution would have been required under the law in force to vacate that office at the expiration of a period of service shall, notwithstanding the provisions of subsection (1), vacate that office at the expiration of that period. the provisions of this section shall not prejudice any powers conferred by or under this constitution or any other law or any person or authority to make provision for the abolition of office, or for the removal from office of persons holding or acting in any office and for requiring persons to retire from office. in determining, for the purposes of any law relating to retiring benefits or otherwise to length of service, the length of service of a public officer to whom the provisions of subsection (1) and (2) apply, service as a public officer under the government which terminates immediately before the commencement of this constitution shall be deemed to be continuous with service as a public officer which begins immediately at such commencement. except as otherwise provided in this constitution, the terms and conditions of service of a person to whom this section applies, shall not be less favourable than those applicable to that person immediately before the commencement of this constitution. for the avoidance of doubt, it is declared that any office established before the commencement of this constitution which is inconsistent with any provision of this constitution is, on the commencement of this constitution, abolished. 267. appointment to certain offices the first appointments to the following offices shall be made within six months after the commencement of this constitution the chairmen and other members of the citizenship board; the judicial service commission; the various service commissions; the land management board; the mineral management board; parliamentary service board, the chairman and members of the council of chiefs. 268. existing law the existing law, after the commencement of this constitution, shall as far as possible be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with this constitution. for the purposes of this section, the expression “existing law” means the written and unwritten law including customary law of swaziland as existing immediately before the commencement of this constitution, including any act of parliament or subordinate legislation enacted or made before that date which is to come into force on or after that date. 269. enactments not yet in force where immediately before the commencement of this constitution any existing law that had not been brought into force or was to come into force on a date subsequent to the commencement of this constitution, that law may be brought into force in accordance with its terms or shall come into force on such subsequent date as the case may be. 270. existing commissions and committees of inquiry notwithstanding anything in this constitution to the contrary any commission or committee of inquiry in existence immediately before the commencement of this constitution, may continue in existence until the submission of its report or until it is otherwise dissolved in accordance with law. for the avoidance of doubt, the report and findings of a commission or committee of inquiry established before the commencement of this constitution under any enactment shall have the same effect as the report or finding of a commission of inquiry established under this constitution. 271. pending matters where any matter or thing has been commenced before the commencement of this constitution by a person or authority that has power for the purpose under the existing law, that matter or thing may be carried on and completed by the person or authority having power for the purpose after the commencement of this constitution, and it shall not be necessary for the person or authority to commence the matter or thing afresh. this section shall have effect subject to the provisions of this constitution and to any law made by parliament. 272. oaths deemed to have been taken notwithstanding any provisions of this constitution, any person who immediately before the commencement of this constitution held or was acting in any office established under or by virtue of the constitution then in force and who holds or is acting in an equivalent office under this constitution, shall be deemed to have taken and subscribed any necessary oath under this constitution, in accordance with this constitution. 273. proceedings pending before courts legal proceedings, including civil proceedings against the government, pending before any court immediately before the commencement of this constitution may be proceeded with and completed. 274. official seals, etc the public seal, the seals of the superior courts as well as any prescribed forms in use under any enactment in force immediately before the commencement of this constitution shall continue to be used until provision is otherwise made for them. 275. prerogative of mercy the prerogative of mercy of the king under section 78 may be exercised in respect of any criminal offence committed before the commencement of this constitution as it may in respect of a criminal offence committed after the commencement of this constitution. 276. devolution of rights and liabilities subject to the provisions of section 274 – any right, prerogative, privilege or function which under the existing law vested in the king shall vest in the king or other person or authority as is specified under this constitution; any right, privilege, obligation, liability, or function vested in or subsisting against the government by or under an existing law shall continue to so vest or subsist. 277. succession to property subject to the provisions of chapter xii, all properties and all assets which immediately before the commencement of this constitution were vested in any authority or person for the purposes of, or in the right of the government or in the government shall, on the commencement of this constitution, vest in the government. any property which was liable, immediately before the commencement of this constitution, to estreat or to be forfeited to the government shall be liable to estreat or to be forfeited to the government under this constitution. 278. succession to contracts where there is subsisting immediately before the commencement of this constitution, a contract which has been entered into by or on behalf of government, then on and after the commencement of this constitution, all rights, liabilities and obligations of the government under the contract shall be vested in or, as the case may be, subsist against the government, and the contract shall otherwise continue to be of full force and effect. 279. international agreements etc where swaziland or the government was a party immediately before the commencement of this constitution to any treaty, agreement or convention, such treaty, agreement or convention shall not be affected by the commencement of this constitution, and swaziland or the government as the case may be, shall continue to be party to it. first schedule. summoning and procedure of joint sittings of senate and house of assembly (sections 36, 115, 116, 117, 245, 246, 247) 1 the king shall summon a joint sitting of the senate and the house of assembly – whenever the king is informed by the prime minister that it is necessary in order that a joint sitting may deliberate and vote upon the question of approval, extending approval, or revocation of a declaration of a state of emergency under section 37; in the circumstances mentioned in section 115(3), 116(1) or 117(1); whenever the king is informed by the president of the senate or the speaker of the house of assembly that a member of the senate or the house of assembly, as the case may be, has given notice of the introduction of a bill to amend the constitution in terms of section 245(2); whenever it is necessary, in order that a joint sitting of the senate and the house of assembly may deliberate and vote upon a bill to amend the constitution in accordance with section 246(1) or 247(1). subject to sub-paragraph (5), the summons of a joint sitting shall be by message to the senate and the house of assembly through the president or the speaker, as the case may be; shall state the business which the sitting is summoned to transact; and shall appoint a day for the joint sitting, being not more that fourteen days after the date of the message in the case of a sitting for the purpose mentioned in sub-paragraph (1) (a) and not more than twenty-one days after the message in any other case. the prorogation of parliament shall not affect any business which a joint sitting of the senate and the house of assembly has, at the date of the prorogation, been summoned to transact in accordance with the provisions of this paragraph or, which is then under consideration by a joint sitting. subject to the provisions of sub-paragraph (5), any business pending for consideration or under consideration by a joint sitting when parliament is dissolved shall lapse at the date of the dissolution. the provisions of section 135 (which relates to the recall of the chambers of parliament after a dissolution) shall apply for the purpose of authorising the recall of members of those chambers in a joint sitting as they apply for authorising the recall of the chambers of parliament. the members of the senate and the house of assembly shall meet together in joint sitting on the day appointed and on any succeeding day or days that may be necessary and may deliberate and shall vote together upon the business the joint sitting was summoned to transact. where a joint sitting of the senate and the house of assembly is summoned for the purpose of deliberating and voting upon a bill in the circumstances mentioned in section 116(1) the following provisions shall applythe members of the senate and the house of assembly may deliberate and shall vote together upon such admissible amendments to the bill as may be proposed in the joint sitting; if the bill, with such admissible amendments, if any, as are agreed to by the joint sitting, is affirmed by the joint sitting, the bill as so affirmed shall be deemed to have been duly passed; for the purposes of this paragraph if the bill has not been passed by the chamber to which it was sent with amendments and returned to the chamber in which it was introduced, there shall be admissible only such amendments, if any, as are made necessary by the delay in the passage of the bill; if the bill has been passed by the chamber to which it was sent with amendments and returned to the chamber in which it was introduced, there shall be admissible only such amendments, if any, as are made necessary by the delay in the passage of the bill and such other amendments as are relevant to the matters with respect to which the chambers have not agreed; the decision of the person presiding in the joint sitting as to the amendments that are admissible under the provisions of this sub-paragraph shall be final. 4 where a joint sitting of the senate and the house of assembly is summoned for the purpose of considering a bill referred back by the king in accordance with section 117(1) the following provisions shall apply – if the whole bill has been referred back, the joint sitting may deliberate and shall vote upon the bill as presented to the king for assent together with any amendment to any provision of the bill which may be proposed in the joint sitting; if the bill has been referred back for consideration of provisions of the bill specified by the king, the joint sitting may deliberate and shall vote upon the bill as presented to the king for assent together with any admissible amendment which may be proposed in the joint sitting; if the bill is affirmed with such amendments (if any) as are mentioned in the preceding sub-paragraphs and are agreed by the joint sitting, it shall be deemed to be duly passed. for the purposes of sub-paragraph (1) (b) there shall be admissible only amendments to the provisions specified by the king and such other amendments as are relevant to the matters contained in the king’s message, and the decision of the person presiding in the joint sitting as to the amendments that are admissible shall be final. the speaker of the house of assembly and the president of the senate shall, in that order, preside alternately at joint sittings of the senate and the house of assembly and for the purpose of this paragraph the sitting or sittings necessary to dispose respectively of any motion for the purpose of section 36, of the business relating to any bill referred to a joint sitting in accordance with section 116(1) or 117(1), or of the business relating to any bill to amend the constitution shall be regarded as a single sitting. a joint sitting shall not be disqualified for the transaction of business by reason of any vacancy in the membership of either chamber. if objection is taken by a member of either chamber who is present that there are present in that sitting (besides the person presiding) fewer than seventy-five members of the chambers of parliament and, after such interval as may be prescribed in the rules of procedure applying to a joint sitting, the member presiding ascertains that there are still fewer than seventy-five members of the chambers of parliament present, the member presiding shall thereupon adjourn the joint sitting. 8 save as otherwise provided in this constitution, any question proposed for decision in a joint sitting of the senate and the house of assembly shall be determined by a majority of the votes of the members of parliament present and voting. a president elected from among persons who are senators or a speaker elected from among persons who are members of the house (whether or not that president or speaker is presiding in a joint sitting) shall have an original but not a casting vote. a president or deputy president of the senate elected from among persons who are not senators or a speaker or a deputy speaker of the house of assembly elected from among persons who are not members of the house shall have no vote. the attorney-general shall have no vote. subject to the provisions of sections 36(4) 36(7) and 246(1) or 244(1), if upon any question before a joint sitting the votes of the persons entitled to vote are equally divided the motion shall be lost. if the rules of procedure of a chamber of parliament make provision under which a member who votes upon a question in which that member has a direct pecuniary interest shall be deemed not have voted, those rules of procedure shall have effect for determining whether a member of that chamber has voted in a joint sitting. subject to the provisions of this schedule, the rules of procedure for the time being of the house of assembly shall apply, with the necessary modifications, for regulating any proceedings of a joint sitting under this constitution which correspond to proceedings of the house of assembly. second schedule. oaths (sections 45(4), 73, 90(9), 128(1),143, 178 and 231(6)) (oath or affirmation of allegiance) i, ……………………………….. do swear (or solemnly affirm) that i will be faithful and bear true allegiance to king ……………………………, his heirs and successors, according to law. so help me god. (to be omitted in affirmation.) (oath or affirmation for due execution of office) i……………………………………. do swear (or solemnly affirm) that i will well and truly serve king ……………………………….., his heirs and successors, in the office of (here insert the description of the office). so help me god. (to be omitted in affirmation) (judicial oath or affirmation) i……………………………………… do swear (or solemnly affirm) that i will well and truly serve king……………………………, his heirs and successors, in the office of (here insert the description of the judicial office) and i will do right to all manner of people according to the law without fear or favour, affection or ill will. so help me god. (to be omitted in affirmation) preamble the lithuanian nation – having created the state of lithuania many centuries ago, – having based its legal foundations on the lithuanian statutes and the constitutions of the republic of lithuania, – having for centuries staunchly defended its freedom and independence, – having preserved its spirit, native language, writing, and customs, – embodying the innate right of the human being and the nation to live and create freely in the land of their fathers and forefathers—in the independent state of lithuania, – fostering national concord in the land of lithuania, – striving for an open, just, and harmonious civil society and state under the rule of law, by the will of the citizens of the reborn state of lithuania, adopts and proclaims this chapter i. the state of lithuania article 1 the state of lithuania shall be an independent democratic republic. article 2 the state of lithuania shall be created by the nation. sovereignty shall belong to the nation. article 3 no one may restrict or limit the sovereignty of the nation or make claims to the sovereign powers belonging to the entire nation. the nation and each citizen shall have the right to resist anyone who encroaches on the independence, territorial integrity, and constitutional order of the state of lithuania by force. article 4 the nation shall execute its supreme sovereign power either directly or through its democratically elected representatives. article 5 in lithuania, state power shall be executed by the seimas, the president of the republic and the government, and the judiciary. the scope of power shall be limited by the constitution. state institutions shall serve the people. article 6 the constitution shall be an integral and directly applicable act. everyone may defend his rights by invoking the constitution. article 7 any law or other act, which is contrary to the constitution, shall be invalid. only laws which are published shall be valid. ignorance of the law shall not exempt one from liability. article 8 seizure of state power or of its institution by force shall be considered anti-constitutional actions, which are unlawful and invalid. article 9 the most significant issues concerning the life of the state and the nation shall be decided by referendum. in the cases established by law, the seimas shall announce a referendum. a referendum shall also be announced if not less than 300,000 citizens with the electoral right so request. the procedure for the announcement and execution of a referendum shall be established by law. article 10 the territory of the state of lithuania shall be integral and shall not be divided into any state-like formations. the state boundaries may be altered only by an international treaty of the republic of lithuania after it has been ratified by 4/5 [four-fifths] of all the members of the seimas. article 11 the administrative units of the territory of the state of lithuania and their boundaries shall be established by law. article 12 citizenship of the republic of lithuania shall be acquired by birth and other grounds established by law. with the exception of individual cases provided for by law, no one may be a citizen of both the republic of lithuania and another state at the same time. the procedure for the acquisition and loss of citizenship shall be established by law. article 13 the state of lithuania shall protect its citizens abroad. it shall be prohibited to extradite a citizen of the republic of lithuania to another state unless an international treaty of the republic of lithuania establishes otherwise. article 14 lithuanian shall be the state language. article 15 the colours of the state flag shall be yellow, green, and red. the coat-of-arms of the state shall be a white vytis on a red field. the state coat-of-arms, flag and their use shall be established by laws. article 16 the anthem of the state shall be “tautiška giesme” by vincas kudirka. article 17 the capital of the state of lithuania shall be the city of vilnius, the long-standing historical capital of lithuania. chapter ii. the human being and the state article 18 human rights and freedoms shall be innate. article 19 the right to life of a human being shall be protected by law. article 20 the freedom of a human being shall be inviolable. no one may be arbitrarily detained or held arrested. no one may be deprived of his freedom otherwise than on the grounds and according to the procedures which have been established by law. a person detained in flagrante delicto must, within 48 hours, be brought before a court for the purpose of deciding, in the presence of the detainee, on the validity of the detention. if the court does not adopt a decision to arrest the person, the detainee shall be released immediately. article 21 the person of the human being shall be inviolable. the dignity of the human being shall be protected by law. it shall be prohibited to torture, injure a human being, degrade his dignity, subject him to cruel treatment as well as establish such punishments. no human being may be subjected to scientific or medical experimentation without his knowledge and free consent. article 22 the private life of a human being shall be inviolable. personal correspondence, telephone conversations, telegraph messages, and other communications shall be inviolable. information concerning the private life of a person may be collected only upon a justified court decision and only according to the law. the law and the court shall protect everyone from arbitrary or unlawful interference in his private and family life, from encroachment upon his honour and dignity. article 23 property shall be inviolable. the rights of ownership shall be protected by laws. property may be taken over only for the needs of society according to the procedure established by law and shall be justly compensated for. article 24 the home of a human being shall be inviolable. without the consent of the resident, entrance into his home shall not be permitted otherwise than by a court decision or the procedure established by law when this is necessary to guarantee public order, apprehend a criminal, save the life, health, or property of a human being. article 25 the human being shall have the right to have his own convictions and freely express them. the human being must not be hindered from seeking, receiving and imparting information and ideas. freedom to express convictions, to receive and impart information may not be limited otherwise than by law, if this is necessary to protect the health, honour and dignity, private life, and morals of a human being, or to defend the constitutional order. freedom to express convictions and to impart information shall be incompatible with criminal actions—incitement of national, racial, religious, or social hatred, violence and discrimination, with slander and disinformation. the citizen shall have the right to receive, according to the procedure established by law, any information concerning him that is held by state institutions. article 26 freedom of thought, conscience and religion shall not be restricted. each human being shall have the right to freely choose any religion or belief and, either alone or with others, in private or in public, to profess his religion, to perform religious practices, to practice and teach his belief. no one may compel another person or be compelled to choose or profess any religion or belief. freedom of a human being to profess and spread his religion or belief may not be limited otherwise than by law and only when this is necessary to guarantee the security of society, the public order, the health and morals of the people as well as other basic rights and freedoms of the person. parents and guardians shall, without restrictions, take care of the religious and moral education of their children and wards according to their own convictions. article 27 a human being’s convictions, practiced religion or belief may not serve as justification for a crime or for failure to execute laws. article 28 while implementing his rights and freedoms, the human being must observe the constitution and the laws of the republic of lithuania and must not restrict the rights and freedoms of other people. article 29 all persons shall be equal before the law, the court, and other state institutions and officials. the rights of the human being may not be restricted, nor may he be granted any privileges on the ground of gender, race, nationality, language, origin, social status, belief, convictions, or views. article 30 the person whose constitutional rights or freedoms are violated shall have the right to apply to court. compensation for material and moral damage inflicted upon a person shall be established by law. article 31 a person shall be presumed innocent until proved guilty according to the procedure established by law and declared guilty by an effective court judgement. a person charged with the commission of a crime shall have the right to a public and fair hearing of his case by an independent and impartial court. it shall be prohibited to compel one to give evidence against himself, his family members or close relatives. punishment may be imposed or applied only on the grounds established by law. no one may be punished for the same crime a second time. a person suspected of the commission of a crime and the accused shall be guaranteed, from the moment of their detention or first interrogation, the right to defence as well as the right to an advocate. article 32 a citizen may move and choose his place of residence in lithuania freely and may leave lithuania freely. these rights may not be restricted otherwise than by law and if it is necessary for the protection of the security of the state, the health of the people as well as for administration of justice. a citizen may not be prohibited from returning to lithuania. everyone who is lithuanian may settle in lithuania. article 33 citizens shall have the right to participate in the governance of their state both directly and through their democratically elected representatives as well as the right to enter on equal terms in the state service of the republic of lithuania. citizens shall be guaranteed the right to criticise the work of state institutions or their officials and to appeal against their decisions. persecution for criticism shall be prohibited. citizens shall be guaranteed the right of petition; the procedure for implementing this right shall be established by law. article 34 citizens who, on the day of election, have reached 18 years of age, shall have the electoral right. the right to be elected shall be established by the constitution of the republic of lithuania and by the election laws. citizens who are recognised incapable by [the] court shall not participate in elections. article 35 citizens shall be guaranteed the right to freely form societies, political parties and associations, provided that the aims and activities thereof are not contrary to the constitution and laws. no one may be compelled to belong to any society, political party, or association. the founding and activities of political parties and other political and public organization shall be regulated by law. article 36 citizens may not be prohibited or hindered from assembling unarmed in peaceful meetings. this right may not be limited otherwise than by law and only when it is necessary to protect the security of the state or society, public order, people’s health or morals, or the rights and freedoms of other persons. article 37 citizens belonging to ethnic communities shall have the right to foster their language, culture, and customs. chapter iii. society and the state article 38 the family shall be the basis of society and the state. family, motherhood, fatherhood and childhood shall be under the protection and care of the state. marriage shall be concluded upon the free mutual consent of man and woman. the state shall register marriages, births, and deaths. the state shall also recognise church registration of marriages. in the family, the rights of spouses shall be equal. the right and duty of parents is to bring up their children to be honest people and faithful citizens and to support them until they come of age. the duty of children is to respect their parents, to take care of them in their old age, and to preserve their heritage. article 39 the state shall take care of families that raise and bring up children at home, and shall render them support according to the procedure established by law. the law shall provide to working mothers a paid leave before and after childbirth as well as favourable working conditions and other concessions. under-age children shall be protected by law. article 40 state and municipal establishments of teaching and education shall be secular. at the request of parents, they shall provide religious instruction. non-state establishments of teaching and education may be founded according to the procedure established by law. schools of higher education shall be granted autonomy. the state shall supervise the activities of establishments of teaching and education. article 41 education shall be compulsory for persons under the age of 16. education at state and municipal schools of general education, vocational schools and schools of further education shall be free of charge. higher education shall be accessible to everyone according to his individual abilities. citizens who are good at their studies shall be guaranteed education at state schools of higher education free of charge. article 42 culture, science and research, and teaching shall be free. the state shall support culture and science, and shall take care of the protection of lithuanian historical, artistic and cultural monuments and other culturally valuable objects. the law shall protect and defend the spiritual and material interests of an author which are related to scientific, technical, cultural, and artistic work. article 43 the state shall recognise the churches and religious organization[s] that are traditional in lithuania, whereas other churches and religious organization shall be recognised provided that they have support in society and their teaching and practices are not in conflict with the law and public morals. the churches and religious organization[s] recognised by the state shall have the rights of a legal person. churches and religious organization[s] shall be free to proclaim their teaching, perform their practices, and have houses of prayer, charity establishments, and schools for the training of the clergy. churches and religious organization[s] shall conduct their affairs freely according to their canons and statutes. the status of churches and other religious organization[s] in the state shall be established by agreement or by law. the teaching proclaimed by churches and religious organization[s], other religious activities and houses of prayer may not be used for purposes which are in conflict with the constitution and laws. there shall not be a state religion in lithuania. article 44 censorship of mass information shall be prohibited. the state, political parties, political and public organization, and other institutions or persons may not monopolise the mass media. article 45 ethnic communities of citizens shall independently manage the affairs of their ethnic culture, education, charity, and mutual assistance. ethnic communities shall be provided support by the state. chapter iv. national economy and labour article 46 lithuania’s economy shall be based on the right of private ownership, freedom of individual economic activity and initiative. the state shall support economic efforts and initiative that are useful to society. the state shall regulate economic activity so that it serves the general welfare of the nation. the law shall prohibit monopolisation of production and the market and shall protect freedom of fair competition. the state shall defend the interests of the consumer. article 47 the underground, internal waters, forests, parks, roads, historical, archaeological and cultural objects of state importance shall belong by the right of exclusive ownership to the republic of lithuania. the republic of lithuania shall have exclusive rights to the airspace over its territory, its continental shelf and the economic zone in the baltic sea. in the republic of lithuania foreign entities may acquire ownership of land, internal waters and forests according to a constitutional law. plots of land may belong to a foreign state by right of ownership for the establishment of its diplomatic missions and consular posts according to the procedure and conditions established by law. article 48 each human being may freely choose a job or business, and shall have the right to have proper, safe and healthy conditions at work, to receive fair pay for work and social security in the event of unemployment. the work of foreigners in the republic of lithuania shall be regulated by law. forced labour shall be prohibited. military service or alternative service performed in place of military service as well as citizens’ work in time of war, natural disaster, epidemics, or other extreme cases shall not be considered forced labour. work performed by persons convicted by [the] court, the work being regulated by law, shall not be considered forced labour, either. article 49 each working human being shall have the right to rest and leisure as well as to an annual paid leave. the length of working time shall be established by law. article 50 trade unions shall be freely established and shall function independently. they shall defend the professional, economic and social rights and interests of employees. all trade unions shall have equal rights. article 51 while defending their economic and social interests, employees shall have the right to strike. the limitations of this right and the conditions and procedure for its implementation shall be established by law. article 52 the state shall guarantee to citizens the right to receive old age and disability pensions as well as social assistance in the event of unemployment, sickness, widowhood, loss of the breadwinner, and in other cases provided for by laws. article 53 the state shall take care of people’s health and shall guarantee medical aid and services for the human being in the event of sickness. the procedure for providing medical aid to citizens free of charge at state medical establishments shall be established by law. the state shall promote physical culture of society and shall support sport. the state and each person must protect the environment from harmful influences. article 54 the state shall take care of the protection of the natural environment, wildlife and plants, individual objects of nature and areas of particular value and shall supervise a sustainable use of natural resources, their restoration and increase. the destruction of land and the underground, the pollution of water and air, radioactive impact on the environment as well as depletion of wildlife and plants shall be prohibited by law. chapter v. the seimas article 55 the seimas [(parliament)] shall consist of representatives of the nation—141 members of the seimas who shall be elected for a four-year term on the basis of universal, equal, and direct suffrage by secret ballot. the seimas shall be deemed elected when not less than 3/5 [three-fifths] of the members of the seimas have been elected. the procedure for election of members of the seimas shall be established by law. article 56 any citizen of the republic of lithuania who is not bound by an oath or pledge to a foreign state, and who, on the election day, is not younger than 25 years of age and permanently resides in lithuania, may be elected a member of the seimas. persons who have not fulfilled punishment imposed by a court judgement as well as persons recognised incapable by court may not be elected members of the seimas. article 57 regular elections to the seimas shall be held on the year of the expiration of the powers of the members of seimas on the second sunday of october. regular elections to the seimas following pre-term elections to the seimas shall be held at the time specified in the first paragraph of this article. article 58 pre-term elections to the seimas may be held on the decision of the seimas adopted by not less than a 3/5 [three-fifths] majority vote of the members of the seimas. pre-term elections to the seimas may also be announced by the president of the republic: if the seimas fails to adopt a decision on the new programme of the government within 30 days of its presentation, or if the seimas two times in succession gives no assent to the programme of the government within 60 days of its first presentation; on the proposal of the government, if the seimas expresses direct no-confidence in the government. the president of the republic may not announce pre-term elections to the seimas if the term of office of the president of the republic expires in less than 6 months, also if 6 months have not passed since the pre-term elections to the seimas. the day of elections to the new seimas shall be specified in the resolution of the seimas or in the act of the president of the republic on the pre-term elections to the seimas. the elections to the new seimas must be held within 3 months of the adoption of the decision on the pre-term elections. article 59 the term of powers of members of the seimas shall begin to be counted from the day on which the newly-elected seimas convenes for the first sitting. the term of powers of the previously elected members of the seimas shall expire at the beginning of this sitting. the elected member of the seimas shall acquire all the rights of a representative of the nation only after taking at the seimas an oath to be faithful to the republic of lithuania. the member of the seimas who either does not take the oath according to the procedure established by law, or who takes a conditional oath, shall lose the mandate of a member of the seimas. the seimas shall adopt a corresponding resolution thereon. when in office, members of the seimas shall follow the constitution of the republic of lithuania, the interests of the state as well as their own consciences, and may not be restricted by any mandates. article 60 the duties of a member of the seimas, with the exception of his duties at the seimas, shall be incompatible with any other duties at state institutions and organization as well as with work in business, commercial and other private establishments or enterprises. during his term of office, a member of the seimas shall be exempt from the duty to perform the national defence service. a member of the seimas may be appointed only either as the prime minister or a minister. the work of a member of the seimas as well as all the expenses relating to his parliamentary activities shall be remunerated from the state budget. a member of the seimas may not receive any other remuneration, with the exception of remuneration for creative activities. the duties, rights and guarantees of the activities of a member of the seimas shall be established by law. article 61 a member of the seimas shall have the right to submit an inquiry to the prime minister, the ministers, and the heads of other state institutions formed or elected by the seimas. the said persons must respond orally or in writing during the session of the seimas according to the procedure established by the seimas. at a session of the seimas, a group of not less than 1/5 [one-fifth] of the members of the seimas may direct an interpellation to the prime minister or a minister. upon considering the response of the prime minister or a minister to the interpellation, the seimas may decide that the response is not satisfactory, and, by majority vote of half of all the members of the seimas, express no-confidence in the prime minister or the minister. the voting procedure shall be established by law. article 62 the person of a member of the seimas shall be inviolable. a member of the seimas may not be held criminally liable, arrested, nor may his freedom be otherwise restricted without the consent of the seimas. a member of the seimas may not be persecuted for his voting or his speeches at the seimas. however, he may be held liable according to the general procedure for personal insult or slander. article 63 the powers of a member of the seimas shall cease: upon the expiration of the term of powers, or when the seimas, elected in pre-term elections, convenes for the first sitting; upon his death; upon his resignation; when he is recognised incapable by court; when the seimas revokes his mandate according to the procedure for impeachment proceedings; when the election is recognised invalid, or if the law on election is grossly violated; if he takes up or does not give up employment which is incompatible with the duties of a member of the seimas; if he loses citizenship of the republic of lithuania. article 64 every year, the seimas shall convene for two regular sessions—spring and autumn. the spring session shall commence on the 10th of march and shall end on 30th of june. the autumn session shall commence on the 10th of september and shall end on 23rd of december. the seimas may decide to prolong a session. extraordinary sessions shall be convened by the speaker of the seimas on the proposal of not less than [1/3] one-third of all the members of the seimas, and, in cases provided for in the constitution, by the president of the republic. article 65 the president of the republic shall convene the first sitting of the newly-elected seimas which must be held within 15 days of the seimas election. if the president of the republic fails to convene the seimas, the members of the seimas shall assemble by themselves on the day following the expiration of the 15-day period. article 66 the sittings of the seimas shall be presided over by the speaker of the seimas or his deputy. the first sitting of the seimas after the elections shall be opened by the eldest member of the seimas. article 67 the seimas: shall consider and adopt amendments to the constitution; shall pass laws; shall adopt resolutions on referendums; shall call elections for the president of the republic of lithuania; shall establish state institutions provided for by law and appoint and dismiss their heads; shall or shall not give assent to the candidature of the prime minister submitted by the president of the republic; shall consider the programme of the government presented by the prime minister and decide whether to give assent to it; shall, on the proposal of the government, establish and abolish ministries of the republic of lithuania; shall supervise the activities of the government, and may express no-confidence in the prime minister or a minister; shall appoint justices and presidents of the constitutional court and the supreme court; shall appoint and dismiss the state controller and the chairman of the board of the bank of lithuania; shall call elections of municipal councils; shall form the central electoral commission and alter its composition; shall approve the state budget and supervise its execution; shall establish state taxes and other compulsory payments; shall ratify and denounce international treaties of the republic of lithuania and consider other issues of foreign policy; shall establish administrative division of the republic; shall establish state awards of the republic of lithuania; shall issue acts of amnesty; shall impose direct rule, martial law, and a state of emergency, declare mobilisation, and adopt a decision to use the armed forces. article 68 the right of legislative initiative at the seimas shall belong to the members of the seimas, the president of the republic, and the government. citizens of the republic of lithuania shall also have the right of legislative initiative. 50,000 citizens of the republic of lithuania who have the electoral right may submit a draft law to the seimas and the seimas must consider it. article 69 laws shall be adopted at the seimas according to the procedure established by law. laws shall be deemed adopted if the majority of the members of the seimas participating in the sitting have voted in favor thereof. constitutional laws of the republic of lithuania shall be adopted if more than half of all the members of the seimas vote in favor thereof and they shall be altered by a not less than a 3/5 [three-fifths] majority vote of all the members of the seimas. the seimas shall establish the list of constitutional laws by a 3/5 [three-fifths] majority vote of the members of the seimas. provisions of laws of the republic of lithuania may also be adopted by referendum. article 70 the laws adopted by the seimas shall come into force after they are signed and officially promulgated by the president of the republic, unless the laws themselves establish a later date for their coming into force. other acts adopted by the seimas and the statute of the seimas shall be signed by the speaker of the seimas. the said acts shall come into force on the day following their publication, unless the acts themselves establish another procedure of coming into force. article 71 within ten days of receiving a law adopted by the seimas, the president of the republic shall either sign and officially promulgate the law, or shall refer it back to the seimas together with relevant reasons for reconsideration. if the law adopted by the seimas is not referred back and is not signed by the president of the republic within the specified period, the law shall come into force after it is signed and officially promulgated by the speaker of the seimas. a law or other act adopted by referendum must, within 5 days, be signed and officially promulgated by the president of the republic. if the president of the republic does not sign and promulgate such a law within the specified period, the law shall come into force after it is signed and officially promulgated by the speaker of the seimas. article 72 the seimas may consider anew and adopt the law which has been referred back by the president of the republic. the law reconsidered by the seimas shall be deemed adopted provided the amendments and supplements submitted by the president of the republic were adopted or if more than 1/2 [one-half] of all the members of the seimas voted for the law, and if it was a constitutional law—if not less than 3/5 of all the members of the seimas voted for it. the president of the republic must within three days sign and forthwith officially promulgate such laws. article 73 complaints of citizens about the abuse of authority and bureaucratic intransigence by state and municipal officials (with the exception of judges) shall be examined by the seimas controllers. they shall have the right to submit a proposal before a court for dismissing the guilty officials from office. the powers of the seimas controllers shall be established by law. the seimas shall also establish, as necessary, other institutions of control. their system and powers shall be established by law. article 74 the president of the republic, the president and justices of the constitutional court, the president and justices of the supreme court, the president and judges of the court of appeal as well as the members of the seimas who have grossly violated the constitution or breached their oath, or if it transpires that a crime has been committed, may by a 3/5 [three-fifths] majority vote of all the members of the seimas be removed from office or their mandate of a member of the seimas may be revoked. this shall be performed according to the procedure for impeachment proceedings which shall be established by the statute of the seimas. article 75 officials appointed or elected by the seimas, with the exception of persons specified in article 74 of the constitution, shall be dismissed from office when the seimas expresses no-confidence in them by majority vote of all the members of the seimas. article 76 the structure and procedure of activities of the seimas shall be established by the statute of the seimas. the statute of the seimas shall have the power of law. chapter vi. the president of the republic article 77 the president of the republic shall be head of state. he shall represent the state of lithuania and shall perform everything with which he is charged by the constitution and laws. article 78 a lithuanian citizen by origin, who has lived in lithuania for not less than the last three years, if he has reached the age of not less than 40 prior to the election day, and if he may be elected a member of the seimas, may be elected president of the republic. the president of the republic shall be elected by the citizens of the republic of lithuania for a five-year term by universal, equal, and direct suffrage by secret ballot. the same person may not be elected president of the republic for more than two consecutive terms. article 79 any citizen of the republic of lithuania who meets the conditions set forth in the first paragraph of article 78 and has collected the signatures of not less than 20,000 voters shall be registered as a presidential candidate. the number of candidates for the post of the president of the republic shall not be limited. article 80 regular elections of the president of the republic shall be held on the last sunday two months before the expiration of the term of office of the president of the republic. article 81 the candidate for the post of the president of the republic who, during the first voting in which not less than half of all the voters participate, receives the votes of more than half of all the voters who participated in the election, shall be deemed elected. if less than half of all the voters participate in the election, the candidate who receives the greatest number of votes, but not less than 1/3 [one-third] of the votes of all the voters, shall be deemed elected. if, during the first voting round, no single candidate gets the requisite number of votes, a repeat voting shall be held after two weeks pitting the two candidates who received the greatest number of votes against each other. the candidate who receives more votes thereafter shall be deemed elected. if no more than two candidates take part in the first round, and neither of them receives the requisite number of votes, a repeat election shall be held. article 82 the elected president of the republic shall take office on the day following the expiration of the term of office of the president of the republic, after he, in vilnius, in the presence of the representatives of the nation, the members of the seimas, takes an oath to the nation to be faithful to the republic of lithuania and the constitution, to conscientiously fulfil the duties of his office, and to be equally just to all. the re-elected president of the republic shall also take the oath. the act of oath of the president of the republic shall be signed by him and by the president of the constitutional court, or, in the absence of the latter, by a justice of the constitutional court. article 83 the president of the republic may not be a member of the seimas, may not hold any other office, and may not receive any remuneration other than the remuneration established for the president of the republic as well as remuneration for creative activities. a person elected president of the republic must suspend his activities in political parties and political organization until the beginning of a new campaign of the election of the president of the republic. article 84 the president of the republic: shall decide the basic issues of foreign policy and, together with the government, conduct foreign policy; shall sign international treaties of the republic of lithuania and submit them to the seimas for ratification; shall appoint and recall, upon the submission of the government, diplomatic representatives of the republic of lithuania to foreign states and international organization; receive letters of credence and recall of diplomatic representatives of foreign states; confer the highest diplomatic ranks and special titles; shall appoint, upon the assent of the seimas, the prime minister, charge him to form the government, and approve its composition; shall dismiss, upon the assent of the seimas, the prime minister; shall accept the powers returned by the government upon the election of a new seimas, and charge it to exercise its duties until a new government is formed; shall accept the resignation of the government and, as necessary, charge it to continue exercising its duties or charge one of the ministers to exercise the duties of the prime minister until a new government is formed; shall accept resignations of ministers and may charge them to exercise their duties until a new minister is appointed; shall, upon the resignation of the government or after it returns its powers, within 15 days submit to the seimas the candidature of a new prime minister for consideration; shall appoint and dismiss ministers upon the submission by the prime minister; shall appoint and dismiss, according to the established procedure, state officials provided for by laws; shall submit candidatures of the supreme court justices to the seimas and, upon the appointment of all the supreme court justices, submit from among them to the seimas the president of the supreme court; appoint judges of the court of appeal, and from among them, provided the seimas gives assent to their candidatures, the president of the court of appeal; appoint judges and presidents of regional and local courts, and change their places of work; in cases provided for by law, shall submit that the seimas dismiss judges; shall, upon the assent of the seimas, appoint and dismiss the prosecutor-general of the republic of lithuania; shall submit to the seimas the candidatures for three justices of the constitutional court, and, upon the appointment of all the justices of the constitutional court, submit from among them to the seimas a candidature for the president of the constitutional court; shall submit to the seimas the candidatures for the state controller and the chairman of the board of the bank of lithuania; may submit that the seimas express no-confidence in them; shall appoint and dismiss, upon the assent of the seimas, the commander of the armed forces and the head of the security service; shall confer the highest military ranks; shall adopt, in the event of an armed attack which threatens state sovereignty or territorial integrity, decisions concerning defence against such armed aggression, the imposition of martial law as well as mobilisation, and submit these decisions to the next sitting of the seimas for approval; shall declare a state of emergency according to the procedure and in cases established by law, and present this decision to the next sitting of the seimas for approval; shall make annual reports at the seimas on the situation in lithuania and the domestic and foreign policies of the republic of lithuania; shall convene, in cases provided for in the constitution, an extraordinary session of the seimas; shall announce regular elections to the seimas and, in cases provided for in the second paragraph of article 58 of the constitution, announce pre-term elections to the seimas; shall grant citizenship of the republic of lithuania according to the procedure established by law; shall confer state awards; shall grant pardons to convicted persons; shall sign and promulgate laws adopted by the seimas or refer them back to the seimas according to the procedure established in article 71 of the constitution. article 85 the president of the republic, implementing the powers vested in him, shall issue acts-decrees. to be valid, the decrees of the president of the republic, specified in items 3, 15, 17, and 21 of article 84 of the constitution, must be signed by the prime minister or an appropriate minister. responsibility for such a decree shall lie with the prime minister or the minister who signed it. article 86 the person of the president of the republic shall be inviolable: while in office, he may neither be arrested nor held criminally or administratively liable. the president of the republic may be removed from office ahead of time only for gross violation of the constitution or breach of oath, also when it transpires that a crime has been committed. the issue of removal of the president of the republic from office shall be decided by the seimas according to the procedure for impeachment proceedings. article 87 when, in cases provided for in the second paragraph of article 58 of the constitution, the president of the republic announces pre-term elections to the seimas, the newly-elected seimas may, by a 3/5 [three-fifths] majority vote of all the members of the seimas and within 30 days of the day of the first sitting, announce a pre-term election of the president of the republic. the president of the republic wishing to participate in the election shall be immediately registered as a candidate. the president of the republic re-elected in such an election shall be deemed elected for the second term of office, provided that more than three years of his first term of office had expired prior to the election. if less than three years of the first term of office had expired, the president of the republic shall only be elected for the remainder of the first term of office, which shall not be considered the second term of office. if a pre-term election of the president of the republic is announced during his second term of office, the current president of the republic may only be elected for the remainder of the second term of office. article 88 the powers of the president of the republic shall cease: upon the expiration of the period for which he was elected; after a pre-term election of the president of the republic takes place; upon resignation from office; upon the death of the president of the republic; when the seimas removes him from office according to the procedure for impeachment proceedings; when the seimas, taking into consideration the conclusion of the constitutional court, by a 3/5 [three-fifths] majority vote of all the members of the seimas, adopts a resolution stating that the state of health of the president of the republic does not allow him to hold office. article 89 in the event that the president of the republic dies, resigns or is removed from office according to the procedure for impeachment proceedings, or when the seimas decides that the state of health of president of the republic does not allow him to hold office, his office shall temporarily be held by the speaker of the seimas. in such a case, the speaker of the seimas shall lose his powers at the seimas, and his office shall temporarily be held, upon the commissioning by the seimas, by his deputy. in the enumerated cases, the seimas must, within 10 days, call an election of the president of the republic which must be held within two months. if the seimas cannot convene and announce the election of the president of the republic, the election shall be announced by the government. the speaker of the seimas shall substitute for the president of the republic when the latter is temporarily abroad or has fallen ill and for this reason is temporarily unable to hold office. while temporarily substituting for the president of the republic, the speaker of the seimas may neither announce pre-term elections of the seimas nor dismiss or appoint ministers without the consent of the seimas. during the said period, the seimas may not consider the issue of no-confidence in the speaker of the seimas. the powers of the president of the republic may not be executed in any other cases, or by any other persons or institutions. article 90 the president of the republic shall have a residence. the financing of the president of the republic and of his residence shall be established by law. chapter vii. the government of the republic of lithuania article 91 the government of the republic of lithuania shall consist of the prime minister and ministers. article 92 the prime minister shall, with the assent of the seimas, be appointed and dismissed by the president of the republic. the ministers shall be appointed and dismissed by the president of the republic upon the submission of the prime minister. the prime minister, within 15 days of his appointment, shall present to the seimas the government which he has formed and which has been approved by the president of the republic, and shall present its programme to the seimas for consideration. the government shall return its powers to the president of the republic after the seimas elections or upon election of the president of the republic. a new government shall receive the powers to act after the seimas gives assent to its programme by majority vote of the members of the seimas participating in the sitting. article 93 when taking office, the prime minister and the ministers shall, at the seimas, take an oath to be faithful to the republic of lithuania, to observe the constitution and laws. the text of the oath shall be established by the law on the government. article 94 the government of the republic of lithuania: shall administer the affairs of the country, protect the inviolability of the territory of the republic of lithuania, guarantee state security and public order; shall execute laws and resolutions of the seimas on the implementation of the laws as well as the decrees of the president of the republic; shall co-ordinate the activities of the ministries and other establishments of the government; shall prepare a draft state budget and submit it to the seimas; execute the state budget and submit to the seimas a report on the execution of the budget; shall prepare draft laws and present them to the seimas for consideration; shall establish diplomatic ties and maintain relations with foreign states and international organization; shall discharge other duties prescribed to the government by the constitution and other laws. article 95 the government of the republic of lithuania shall resolve the affairs of state governance at its sittings by adopting resolutions by majority vote of all the members of the government. the state controller may also participate in the sittings of the government. the government resolutions shall be signed by the prime minister and the minister of a corresponding branch. article 96 the government of the republic of lithuania shall be jointly and severally responsible to the seimas for the general activities of the government. the ministers, in directing the branches of administration entrusted to them, shall be responsible to the seimas, the president of the republic, and directly subordinate to the prime minister. article 97 the prime minister shall represent the government of the republic of lithuania and shall head its activities. when the prime minister is not available, or when he is unable to hold office, the president of the republic, upon the submission of the prime minister, shall charge one of the ministers to substitute for the prime minister during a period not exceeding 60 days; when there is no such submission, the president of the republic shall charge one of the ministers to substitute for the prime minister. article 98 a minister shall head his respective ministry, shall resolve issues belonging to the competence of the ministry, and shall also discharge other functions provided for by laws. only another member of the government appointed by the prime minister may temporarily substitute for a minister. article 99 the prime minister and ministers may not hold any other elected or appointed office, may not work in any business, commercial or other private establishments or enterprises, nor may they receive any remuneration other than that established for their respective government offices and payment for creative activities. article 100 the prime minister and ministers may not be held criminally liable, arrested or have their freedom restricted otherwise without the prior consent of the seimas, while between the sessions of the seimas—without the prior consent of the president of the republic. article 101 upon the request of the seimas, the government or individual ministers must give an account of their activities to the seimas. when more than half of the ministers are changed, the government must once again receive its powers from the seimas. otherwise, the government must resign. the government must also resign in the following cases: when the seimas two times in succession does not give assent to the programme of the newly-formed government; when the seimas, by majority vote of all the members of the seimas, by secret ballot expresses no-confidence in the government or in the prime minister; when the prime minister resigns or dies; after elections to the seimas, when a new government is formed. a minister must resign when more than half of all the members of the seimas, by secret ballot, express no-confidence in him. the president of the republic shall accept the resignation of the government or a minister. chapter viii. the constitutional court article 102 the constitutional court shall decide whether the laws and other acts of the seimas are not in conflict with the constitution and whether the acts of the president of the republic and the government are not in conflict with the constitution or laws. the status of the constitutional court and the procedure for the execution of its powers shall be established by the law on the constitutional court of the republic of lithuania. article 103 the constitutional court shall consist of 9 justices, each appointed for a single nine-year term of office. every three years, one-third of the constitutional court shall be reconstituted. the seimas shall appoint candidates for justices of the constitutional court from the candidates, three each submitted by the president of the republic, the president of the seimas, and the president of the supreme court, and appoint them as justices. the seimas shall appoint the president of the constitutional court from among its justices upon the submission by the president of the republic. citizens of the republic of lithuania who have an impeccable reputation, who have higher education in law, and who have not less than a 10-year work record in the field of law or in a branch of science and education as a lawyer, may be appointed as justices of the constitutional court. article 104 while in office, justices of the constitutional court shall be independent of any other state institution, person or organization, and shall follow only the constitution of the republic of lithuania. before entering office, justices of the constitutional court shall take an oath at the seimas to be faithful to the republic of lithuania and the constitution. the limitations on work and political activities which are established for court judges shall apply also to justices of the constitutional court. justices of the constitutional court shall have the same rights concerning the inviolability of their person as shall members of the seimas. article 105 the constitutional court shall consider and adopt a decision whether the laws of the republic of lithuania and other acts adopted by the seimas are not in conflict with the constitution of the republic of lithuania. the constitutional court shall also consider if the following are not in conflict with the constitution and laws: acts of the president of the republic; acts of the government of the republic. the constitutional court shall present conclusions: whether there were violations of election laws during elections of the president of the republic or elections of members of the seimas; whether the state of health of the president of the republic allows him to continue to hold office; whether international treaties of the republic of lithuania are not in conflict with the constitution; whether concrete actions of members of the seimas and state officials against whom an impeachment case has been instituted are in conflict with the constitution. article 106 the government, not less than 1/5 [one-fifth] of all the members of the seimas, and the courts, shall have the right to apply to the constitutional court concerning the acts specified in the first paragraph of article 105. not less than 1/5 [one-fifth] of all the members of the seimas and the courts shall have the right to apply to the constitutional court concerning the conformity of acts of the president of the republic with the constitution and the laws. not less than 1/5 [one-fifth] of all the members of the seimas, the courts, as well as the president of the republic, shall have the right to apply to the constitutional court concerning the conformity of acts of the government with the constitution and the laws. every person shall have the right to apply to the constitutional court concerning the acts specified in the first and second paragraphs of article 105 if a decision adopted on the basis of these acts has violated the constitutional rights or freedoms of the person and the person has exhausted all legal remedies. the procedure for implementing this right shall be established by the law on the constitutional court. the presentation by the president of the republic for the constitutional court or the resolution of the seimas asking for an investigation into the conformity of an act with the constitution shall suspend the validity of the act. the seimas may request a conclusion from the constitutional court, and in cases concerning seimas elections and international treaties, the president of the republic may also request a conclusion. the constitutional court shall have the right to refuse to accept a case for consideration or to prepare a conclusion if the application is based on non-legal reasoning. article 107 a law (or part thereof) of the republic of lithuania or other act (or part thereof) of the seimas, act of the president of the republic, act (or part thereof) of the government may not be applied from the day of official promulgation of the decision of the constitutional court that the act in question (or part thereof) is in conflict with the constitution of the republic of lithuania. the decisions of the constitutional court on issues ascribed to its competence by the constitution shall be final and not subject to appeal. in the case heard subsequent to an application by a person referred to in the fourth paragraph of article 106 of the constitution, the decision of the constitutional court that a law (or part thereof) of the republic of lithuania or another act (or part thereof) of the seimas, an act of the president of the republic, or an act (or part thereof) of the government is in conflict with the constitution shall constitute a basis for renewing, according to the procedure established by law, the proceedings regarding the implementation of the violated constitutional rights or freedoms of the person. on the basis of the conclusions of the constitutional court, the seimas shall take a final decision on the issues set forth in the third paragraph of article 105 of the constitution. article 108 the powers of a justice of the constitutional court shall cease: upon the expiration of the term of powers; upon his death; upon his resignation; when he is incapable to hold office due to the state of his health; when the seimas removes him from office in accordance with the procedure for impeachment proceedings. chapter ix. the courts article 109 in the republic of lithuania, justice shall be administered only by courts. while administering justice, the judge and courts shall be independent. when considering cases, judges shall obey only the law. the court shall adopt decisions in the name of the republic of lithuania. article 110 a judge may not apply a law, which is in conflict with the constitution. in cases when there are grounds to believe that the law or other legal act which should be applied in a concrete case is in conflict with the constitution, the judge shall suspend the consideration of the case and shall apply to the constitutional court requesting it to decide whether the law or other legal act in question is in compliance with the constitution. article 111 the courts of the republic of lithuania shall be the supreme court of lithuania, the court of appeal of lithuania, regional courts and local courts. for the consideration of administrative, labour, family and cases of other categories, specialised courts may be established according to law. courts with extraordinary powers may not be established in the republic of lithuania in a time of peace. the formation and competence of courts shall be established by the law on courts of the republic of lithuania. article 112 in lithuania, only citizens of the republic of lithuania may be judges. justices of the supreme court as well as its president chosen from among them shall be appointed and dismissed by the seimas upon the submission of the president of the republic. judges of the court of appeal as well as its president chosen from among them shall be appointed by the president of the republic upon the assent of the seimas. judges and presidents of local, regional, and specialised courts shall be appointed, and their places of work shall be changed by the president of the republic. a special institution of judges provided for by law shall advise the president of the republic on the appointment, promotion, transfer of judges, or their dismissal from office. a person appointed judge shall take an oath, according to the procedure established by law, to be faithful to the republic of lithuania and to administer justice only according to law. article 113 a judge may not hold any other elected or appointed office, may not work in any business, commercial, or other private establishments or enterprises. also he may not receive any remuneration other than the remuneration established for the judge and payment for educational or creative activities. a judge may not participate in the activities of political parties and other political organization. article 114 interference by institutions of state power and governance, members of the seimas and other officials, political parties, political and public organization, or citizens with the activities of a judge or the court shall be prohibited and shall incur liability provided for by law. a judge may not be held criminally liable, arrested or have his freedom restricted otherwise without the consent of the seimas, or, in the period between the sessions of the seimas, without the consent of the president of the republic of lithuania. article 115 judges of courts of the republic of lithuania shall be dismissed from office according to the procedure established by law in the following cases: of their own will; upon expiration of the term of powers or upon reaching the pensionable age established by law; due to the state of health; upon the election to another office or upon their transfer, with their consent, to another place of work; when by their behavior they discredit the name of the judge; upon coming into effect of court judgements convicting them. article 116 for a gross violation of the constitution, breach of oath, or when it transpires that a crime has been committed, the president and justices of the supreme court as well as the president and judges of the court of appeal may be removed from office by the seimas according to the procedure for impeachment proceedings. article 117 in all courts, the consideration of cases shall be public. a closed court hearing may be held in order to protect the secrecy of private or family life of the human being, or where public consideration of the case might disclose a state, professional or commercial secret. in the republic of lithuania, court proceedings shall be conducted in the state language. persons who have no command of lithuanian shall be guaranteed the right to participate in investigation and court acts through a translator. article 118 pre-trial investigation shall be organised and directed, and charges on behalf of the state in criminal cases shall be upheld by the prosecutor. when performing his functions, the prosecutor shall be independent and shall obey only the law. the prosecutor’s office of the republic of lithuania shall be the office of the prosecutor-general and territorial prosecutor’s offices. the prosecutor-general shall be appointed and dismissed by the president of the republic upon the assent of the seimas. the procedure for the appointment and dismissal of prosecutors and their status shall be established by law. chapter x. local self-government and governance article 119 the right to self-government shall be guaranteed to administrative units of the territory of the state, which are provided for by law. it shall be implemented through corresponding municipal councils. the members of municipal councils shall be elected for a four-year term, as provided for by law, from among citizens of the republic of lithuania and other permanent residents of the administrative unit by the citizens of the republic of lithuania and other permanent residents of the administrative unit, on the basis of universal, equal and direct suffrage by secret ballot. the procedure for the organization and activities of self-government institutions shall be established by law. for the direct implementation of the laws of the republic of lithuania, the decisions of the government and the municipal council, the municipal council shall form executive bodies accountable to it. article 120 the state shall support municipalities. municipalities shall act freely and independently within their competence defined by the constitution and laws. article 121 municipalities shall draft and approve their budget. municipal councils shall have the right, within the limits and according to the procedure provided for by law, to establish local levies; municipal councils may provide for tax and levy concessions at the expense of their own budget. article 122 municipal councils shall have the right to apply to court regarding the violation of their rights. article 123 at higher level administrative units, the governance shall be organised by the government according to the procedure established by law. the observance of the constitution and the laws as well as the execution of decisions of the government by municipalities shall be supervised by the representatives appointed by the government. the powers of the government representative and the procedure of their execution shall be established by law. in cases and according to the procedure provided for by law, the seimas may temporarily introduce direct rule in the territory of a municipality. article 124 acts or actions of municipal councils as well as of their executive bodies and officials, which violate the rights of citizens and organization, may be appealed in court. chapter xi. finances and the state budget article 125 in the republic of lithuania, the bank of lithuania shall be the central bank which belongs to the state of lithuania by right of ownership. the procedure for the organization and activities of the bank of lithuania, its powers and the legal status of the chairman of the bank of lithuania as well as the grounds of his dismissal shall be established by law. article 126 the bank of lithuania shall be directed by the board of the bank consisting of the chairman, his deputies and members. the chairman of the board of the bank of lithuania shall be appointed for a five-year term by the seimas upon the submission of the president of the republic. article 127 the budgetary system of the republic of lithuania shall consist of the independent state budget of the republic of lithuania as well as independent municipal budgets. the state budget revenue shall be raised from taxes, compulsory payments, levies, income from state property and other income. taxes, other payments to the budgets, and levies shall be established by the laws of the republic of lithuania. article 128 decisions concerning the state loan and other basic property liabilities of the state shall be adopted by the seimas on the proposal of the government. the procedure for the possession, use and disposal of state property shall be established by law. article 129 the budget year shall start on the 1st of january and shall end on the 31st of december. article 130 the government shall draw up a draft state budget and present it to the seimas not later than 75 days before the end of the budget year. article 131 the draft state budget hall be considered by the seimas and shall be approved by law prior to the start of the new budget year. during the consideration of the draft budget, the seimas may increase expenditure provided that it specifies the financial sources for the said expenditure. expenditure established by laws may not be reduced as long as the said laws are not altered. article 132 if the state budget is not approved in time, at the beginning of the budget year the budget expenditure each month may not exceed 1/12 [one-twelfths] of the state budget expenditure of the previous budget year. during the budget year the seimas may change the budget. it shall be changed according to the same procedure by which it is drawn up, adopted and approved. as necessary, the seimas may approve an additional budget. chapter xii. state control article 133 the system and powers of the state control shall be established by law. the state control shall be headed by the state controller who shall be appointed for a five-year term by the seimas upon the submission of the president of the republic. when taking office, the state controller shall take an oath. the oath shall be established by law. article 134 the state control shall supervise the lawfulness of the possession and use of state property and the execution of the state budget. the state controller shall submit to the seimas a conclusion on the report on the annual execution of the budget. chapter xiii. foreign policy and national defence article 135 in implementing its foreign policy, the republic of lithuania shall follow the universally recognised principles and norms of international law, shall seek to ensure national security and independence, the welfare of the citizens and their basic rights and freedoms, and shall contribute to the creation of the international order based on law and justice. in the republic of lithuania, war propaganda shall be prohibited. article 136 the republic of lithuania shall participate in international organization provided that this is not in conflict with the interests and independence of the state. article 137 there may not be any weapons of mass destruction and foreign military bases on the territory of the republic of lithuania. article 138 the seimas shall ratify or denounce the following international treaties of the republic of lithuania: on the alteration of the state boundaries of the republic of lithuania; on political co-operation with foreign states, mutual assistance treaties as well as treaties of defensive nature related to the defence of the state; on the renunciation of the use of force or threatening by force as well as peace treaties; on the presence and status of the armed forces of the republic of lithuania on the territories of foreign states; on the participation of the republic of lithuania in universal international organization and regional international organization; multilateral or long-term economic treaties. laws as well as international treaties may also provide for other cases when the seimas ratifies international treaties of the republic of lithuania. international treaties ratified by the seimas of the republic of lithuania shall be a constituent part of the legal system of the republic of lithuania. article 139 the defence of the state of lithuania against a foreign armed attack shall be the right and duty of each citizen of the republic of lithuania. citizens of the republic of lithuania must perform military or alternative national defence service according to the procedure established by law. the organization of national defence shall be established by laws. article 140 the main issues of state defence shall be considered and co-ordinated by the state defence council which consists of the president of the republic, the prime minister, the speaker of the seimas, the minister of national defence, and the commander of the armed forces. the state defence council shall be headed by the president of the republic. the procedure for its formation, activities and its powers shall be established by law. the president of the republic shall be the commander-in-chief of the armed forces of the state. the government, the minister of national defence, and the commander of the armed forces shall be responsible to the seimas for the administration and command of the armed forces of the state. the minister of national defence may not be a serviceman who has not yet retired to the reserve. article 141 persons performing actual military service or alternative service, as well as officers of the national defence system, the police and the interior, non-commissioned officers, reenlistees, and other paid officials of paramilitary and security services who have not retired to the reserve may not be members of the seimas or members of municipal councils. they may not hold elected or appointed office in the state civil service, nor may they take part in the activities of political parties and organization. article 142 the seimas shall impose martial law, announce mobilisation or demobilisation, adopt a decision to use the armed forces when a need arises to defend the homeland or to fulfil the international obligations of the state of lithuania. in the event of an armed attack which threatens the sovereignty of the state or its territorial integrity, the president of the republic shall immediately adopt a decision on the defence against the armed aggression, impose martial law throughout the state or in its separate part, announce mobilisation, and submit these decisions to the next sitting of the seimas for approval, while in the period between sessions of the seimas he shall immediately convene an extraordinary session of the seimas. the seimas shall approve or overrule the decision of the president of the republic. article 143 if a regular election is to be held in time of war actions, either the seimas or the president of the republic shall adopt a decision to extend the term of powers of the seimas, the president of the republic, or of municipal councils. in such a case, elections must be called not later than three months after the end of the war. article 144 when a threat arises for the constitutional system or social peace of the state, the seimas may impose a state of emergency throughout the territory of the state, or in any part of it. the period of the state of emergency shall not exceed six months. in cases of urgency, between sessions of the seimas, the president of the republic shall have the right to adopt such a decision and convene, at the same time, an extraordinary session of the seimas for the consideration of this issue. the seimas shall approve or overrule the decision of the president of the republic. the state of emergency shall be regulated by law. article 145 after imposition of martial law or a state of emergency, the rights and freedoms specified in articles 22, 24, 25, 32, 35, and 36 of the constitution may be temporarily limited. article 146 the state shall take care of and provide for the servicemen who lost their health during the military service as well as for the families of servicemen who lost their lives or died during the military service. the state shall also provide for citizens who lost their health while defending the state as well as for the families of the citizens who lost their lives or died in defence of the state. chapter xiv. alteration of the constitution article 147 a motion to alter or supplement the constitution of the republic of lithuania may be submitted to the seimas by a group of not less than 1/4 [one-fourth] of all the members of the seimas or not less than by 300,000 voters. during a state of emergency or martial law, the constitution may not be amended. article 148 the provision of article 1 of the constitution “the state of lithuania shall be an independent democratic republic” may only be altered by referendum if not less than 3/4 [three-fourths] of the citizens of lithuania with the electoral right vote in favor thereof. the provisions of the first chapter “the state of lithuania” and the fourteenth chapter “alteration of the constitution” may be altered only by referendum. amendments of the constitution concerning other chapters of the constitution must be considered and voted at the seimas twice. there must be a break of not less than three months between the votes. a draft law on the alteration of the constitution shall be deemed adopted by the seimas if, during each of the votes, not less than 2/3 [two-thirds] of all the members of the seimas vote in favor thereof. an amendment of the constitution which has not been adopted may be submitted to the seimas for reconsideration not earlier than after one year. article 149 the president of the republic shall sign the adopted law on the alteration of the constitution and officially promulgate it within five days. if the president of the republic does not sign and promulgate such a law within the specified time, this law shall come into force when the speaker of the seimas signs and promulgates it. the law on the alteration of the constitution shall come into force not earlier than one month after its adoption. final provisions article 150 the constituent part of the constitution of the republic of lithuania shall be: the constitutional law “on the state of lithuania” of 11 february 1991; the constitutional act “on the non-alignment of the republic of lithuania to post-soviet eastern unions” of 8 june 1992; the law “on the procedure for entry into force of the constitution of the republic of lithuania” of 25 october 1992; the constitutional act “on membership of the republic of lithuania in the european union” of 13 july 2004. article 151 this constitution of the republic of lithuania shall come into force on the day following the official publication of the results of the referendum, provided that more than half of the citizens of the republic of lithuania with the electoral right give their assent to the constitution in the referendum. article 152 the procedure for entry into force of this constitution and separate provisions thereof shall be regulated by the law of the republic of lithuania “on the procedure for entry into force of the constitution of the republic of lithuania” which, together with this constitution of the republic of lithuania, shall be adopted by referendum. article 153 after the adoption of this constitution of the republic of lithuania by referendum, the seimas of the republic of lithuania may, by 25 october 1993, alter by a 3/5 [three-fifths] majority vote of all the members of the seimas the provisions of the constitution of the republic of lithuania contained in articles 47, 55, 56, item 2 of the second paragraph of article 58, in articles 65, 68, 69, items 11 and 12 of article 84, the first paragraph of article 87, in articles 96, 103, 118 and in the fourth paragraph of article 119. article 154 the constitution of the republic of lithuania and the law of the republic of lithuania “on the procedure for entry into force of the constitution of the republic of lithuania” adopted by referendum shall be signed and promulgated within 15 days by the chairman of the supreme council of the republic of lithuania. constituent parts of the constitution of the republic of lithuania 1. constitutional law of the republic of lithuania on the state of lithuania the supreme council of the republic of lithuania, taking account of the fact that during the general poll (plebiscite) held on 9 february 1991, more than three-fourths of the population of lithuania with the active electoral right voted by secret ballot in favor of “the state of lithuania being an independent democratic republic”, emphasising that by this expression of sovereign powers and will, the nation of lithuania once again confirmed its unchanging stand on the issue of the independent state of lithuania; interpreting the results of the plebiscite as the common determination to strengthen and defend the independence of lithuania and to create a democratic republic, and executing the will of the nation of lithuania, adopts and solemnly proclaims this law. article 1 the statement “the state of lithuania shall be an independent democratic republic” is a constitutional norm of the republic of lithuania and a fundamental principle of the state. article 2 the constitutional norm and the fundamental principle of the state formulated in the first article of this law may be altered only by a general poll (plebiscite) of the nation of lithuania where not less than three-fourths of the citizens of lithuania with the active electoral right vote in favor of it. 2. constitutional act of the republic of lithuania on the nonalignment of the republic of lithuania to post-soviet eastern unions the supreme council of the republic of lithuania, invoking the 16 february 1918 and 11 march 1990 acts on the restoration of the independent state of lithuania and basing itself on the will of the entire nation as expressed on 9 february 1991, and seeing the attempts to preserve in any form the former union of soviet socialist republics with all its conquered territories and the intentions to draw lithuania into the defence, economic, financial and other “spaces” of the post-soviet eastern block, resolves: to develop mutually advantageous relations with each state which was formerly a component of the ussr, but to never join in any form any new political, military, economic or other unions or commonwealths of states formed on the basis of the former ussr. the activities seeking to draw the state of lithuania into the unions or commonwealths of states specified in the first article of this constitutional act shall be regarded as hostile to the independence of lithuania and liability for them shall be established by laws. there may be no military bases or army units of russia, the commonwealth of independent states or its constituent states on the territory of the republic of lithuania. 3. law of the republic of lithuania on the procedure for entry into force of the constitution of the republic of lithuania article 1 upon the entry into force of the constitution of the republic of lithuania, the provisional basic law of the republic of lithuania shall become null and void. article 2 laws, other legal acts or parts thereof, which were in force on the territory of the republic of lithuania prior to the adoption of the constitution of the republic of lithuania, shall be effective inasmuch as they are not in conflict with the constitution and this law, and shall remain in force until they are either declared null and void or brought in line with the provisions of the constitution. article 3 provisions of the laws of the republic of lithuania which regulate the status of the supreme institutions of state power and governance of the republic of lithuania, of deputies and municipal councils shall be in force until the elected seimas decides otherwise. article 4 the powers of the supreme council of the republic of lithuania and its deputies shall cease from the moment when the elected seimas of the republic of lithuania convenes for its first sitting. the members of the seimas of the republic of lithuania shall convene for the sitting on the third working day after the official announcement by the central electoral commission, following both election rounds, that not less than 3/5 [three-fifths] of all the members of the seimas have been elected. article 5 the following text of the oath for the member of the seimas of the republic of lithuania shall be established: “i (full name), swear to be faithful to the republic of lithuania, swear to respect and execute its constitution and laws and to protect the integrity of its lands; swear to strengthen, to the best of my ability, the independence of lithuania, and to conscientiously serve my homeland, democracy, and the welfare of the people of lithuania. so help me god.” the oath may also be taken omitting the last sentence. article 6 during the period when there is still no president of the republic, the legal situation shall be equivalent to the situation which is provided for in article 89 of the constitution of the republic of lithuania. as necessary, the seimas may, by a majority vote of more than half of all the members of the seimas, extend the terms provided for in article 89, but for no longer than a fourmonth period. article 7 justices of the constitutional court of the republic of lithuania and, from among them, the president of the constitutional court, must be appointed not later than one month after the election of the president of the republic. when justices of the constitutional court are appointed for the first time, three of them shall be appointed for a three-, three for a six-, and three for a nine-year term. the president of the republic, the speaker of the seimas, and the president of the supreme court, when proposing to appoint constitutional court justices, shall indicate who of them should be appointed for a three-, who for a six-, and who for a nine-year term. the justices of the constitutional court who will be appointed for three-or six-year terms may hold the same office for one more term of office after an interval of not less than three years. article 8 the provisions of the third paragraph of article 20 of the constitution of the republic of lithuania shall become applicable after the laws of the republic of lithuania on criminal procedure have been brought in line with this constitution. 4. constitutional act of the republic of lithuania on membership of the republic of lithuania in the european union the seimas of the republic of lithuania, executing the will of the citizens of the republic of lithuania expressed in the referendum on the membership of the republic of lithuania in the european union, held on 10–11 may 2003; expressing its conviction that the european union respects human rights and fundamental freedoms and that the lithuanian membership in the european union will contribute to a more efficient securing of human rights and freedoms, noting that the european union respects national identity and constitutional traditions of its member states, seeking to ensure a fully-fledged participation of the republic of lithuania in the european integration as well as the security of the republic of lithuania and welfare of its citizens, having ratified, on 16 september 2003, the treaty between the kingdom of belgium, the kingdom of denmark, the federal republic of germany, the hellenic republic, the kingdom of spain, the french republic, ireland, the italian republic[,] the grand duchy of luxembourg, the kingdom of the netherlands, the republic of austria, the portuguese republic, the republic of finland, the kingdom of sweden, the united kingdom of great britain and northern ireland (member states of the european union) and the czech republic, the republic of estonia, the republic of cyprus, the republic of latvia, the republic of lithuania, the republic of hungary, the republic of malta, the republic of poland, the republic of slovenia, the slovak republic concerning the accession of the czech republic, the republic of estonia, the republic of cyprus, the republic of latvia, the republic of lithuania, the republic of hungary, the republic of malta, the republic of poland, the republic of slovenia, the slovak republic to the european union, signed on 16 april 2003 in athens, adopts and proclaims this constitutional act: the republic of lithuania as a member state of the european union shall share with or confer on the european union the competences of its state institutions in the areas provided for in the founding treaties of the european union and to the extent that, together with the other member states of the european union, it would, together with other member states of the european union, meet its membership commitments in those areas as well as enjoy the membership rights. the norms of the european union law shall be a constituent part of the legal system of the republic of lithuania. where it concerns the founding treaties of the european union, the norms of the european union law shall be applied directly, while in the event of collision of legal norms, they shall have supremacy over the laws and other legal acts of the republic of lithuania. the government shall inform the seimas about the proposals to adopt acts of european union law. as regards the proposals to adopt the acts of european union law regulating the areas which, under the constitution of the republic of lithuania, are related to the competences of the seimas, the government shall consult the seimas. the seimas may recommend to the government a position of the republic of lithuania in respect of these proposals. the seimas committee on european affairs and the seimas committee on foreign affairs may, according to the procedure established by the statute of the seimas, submit to the government the opinion of the seimas concerning the proposals to adopt the acts of the european union law. the government shall assess the recommendations or opinions submitted by the seimas or its committees and shall inform the seimas about their execution following the procedure established by legal acts. the government shall consider the proposals to adopt the acts of european union law following the procedure established by legal acts. as regards these proposals, the government may adopt decisions or resolutions for the adoption of which the provisions of article 95 of the constitution are not applicable. preamble taking as the points of departure the historical, cultural, spiritual and statehood heritage of the macedonian people and their struggle over centuries for national and social freedom as well as for the creation of their own state, and particularly the traditions of statehood and legality of the krushevo republic and the historic decisions of the anti-fascist assembly of the people's liberation of macedonia, together with the constitutional and legal continuity of the macedonian state as a sovereign republic within federal yugoslavia and the freely manifested will of the citizens of the republic of macedonia in the referendum of september 8th, 1991, as well as the historical fact that macedonia is established as a national state of the macedonian people, in which full equality as citizens and permanent co-existence with the macedonian people is provided for albanians, turks, vlachs, romanies and other nationalities living in the republic of macedonia, and intent on: the establishment of the republic of macedonia as a sovereign and independent state, as well as a civil and democratic one; the establishment and consolidation of the rule of law as a fundamental system of government; the guaranteeing of human rights, citizens, freedoms and ethnic equality; the provision of peace and a common home for the macedonian people with the nationalities living in the republic of macedonia; and on the provision of social justice, economic wellbeing and prosperity in the life of the individual and the community, the assembly of the republic of macedonia adopts the constitution of the republic of macedonia i. basic provisions article 1 the republic of macedonia is a sovereign, independent, democratic and social state. the sovereignty of the republic of macedonia is indivisible, inalienable and nontransferable. article 2 sovereignty in the republic of macedonia derives from the citizens and belongs to the citizens. the citizens of the republic of macedonia exercise their authority through democratically elected representatives, through referendum and through other forms of direct expression. article 3 the territory of the republic of macedonia is indivisible and inalienable. the existing borders of the republic of macedonia are inviolable. the borders of the republic of macedonia may be changed only in accordance with the constitution. article 4 citizens of the republic of macedonia have citizenship of the republic of macedonia. a subject of the republic of macedonia may neither be deprived of citizenship, nor expelled or extradited to another state. citizenship of the republic of macedonia is regulated by law. article 5 the state symbols of the republic of macedonia are the coat of arms, the flag and the national anthem. the coat of arms, the flag and the national anthem of the republic of macedonia are adopted by law by a two-thirds majority vote of the total number of assembly representatives. article 6 the capital of the republic of macedonia is skopje. article 7 the macedonian language, written using its cyrillic alphabet, is the official language in the republic of macedonia. in the units of local self-government where the majority of the inhabitants belong to a nationality, in addition to the macedonian language and cyrillic alphabet, their language and alphabet are also in official use, in a manner determined by law. in the units of local self-government where there is a considerable number of inhabitants belonging to a nationality, their language and alphabet are also in official use, in addition to the macedonian language and cyrillic alphabet, under conditions and in a manner determined by law. article 8 the fundamental values of the constitutional order of the republic of macedonia are: the basic freedoms and rights of the individual and citizen, recognized in international law and set down in the constitution; the free expression of national identity; the rule of law; the division of state powers into legislative, executive and judicial; political pluralism and free, direct and democratic elections; the legal protection of property; the freedom of the market and entrepreneurship; humanism, social justice and solidarity; local self-government; proper urban and rural planning to promote a congenial human environment, as well as ecological protection and development; and respect for the generally accepted norms of international law. anything that is not prohibited by the constitution of by law is permitted in the republic of macedonia. ii. basic freedoms and rights of the individual and citizen 1. civil and political freedoms and rights article 9 citizens of the republic of macedonia are equal in their freedoms and rights, regardless of sex, race, colour of skin, national and social origin, political and religious beliefs, property and social status. all citizens are equal before the constitution and law. article 10 the human right to life is irrevocable. the death penalty shall not be imposed on any grounds whatsoever in the republic of macedonia. article 11 the human right to physical and moral dignity is irrevocable. any form of torture, or inhuman or humiliating conduct or punishment, is prohibited. forced labour is prohibited. article 12 the human right to freedom is irrevocable. no person’s freedom can be restricted except by a court decision or in cases and procedures determined by law. persons summoned, apprehended or detained shall immediately be informed of the reasons for the summons, apprehension or detention and on their rights. they shall not be forced to make a statement. a person has a right to an attorney in police and court procedure. persons detained shall be brought before a court as soon as possible, within a maximum period of 24 hours from the moment of detention, and the legality of their detention shall there be decided upon without delay. detention may last, by court decision, for a maximum period of 90 days from the day of detention. persons detained may, under the conditions determined by law, be released from custody to conduct their defence. article 13 a person indicted for an offence shall be considered innocent until his/her guilt is established by a legally valid court verdict. a person unlawfully detained, apprehended or convicted has a right to legal redress and other rights determined by law. article 14 no person may be punished for an offence which had not been declared an offence punishable by law, or by other acts, prior to its being committed, and for which no punishment had been prescribed. no person may be tried in a court of law for an offence for which he/she has already been tried and for which a legally valid court verdict has already been brought. article 15 the right to appeal against individual legal acts issued in a first instance proceedings by a court, administrative body, organization or other institution carrying out public mandates is guaranteed. article 16 the freedom of personal conviction, conscience, thought and public expression of thought is guaranteed. the freedom of speech, public address, public information and the establishment of institutions for public information is guaranteed. free access to information and the freedom of reception and transmission of information are guaranteed. the right of reply via the mass media is guaranteed. the right to a correction in the mass media is guaranteed. the right to protect a source of information in the mass media is guaranteed. censorship is prohibited. article 17 the freedom and confidentiality of correspondence and other forms of communication is guaranteed. only a court decision may authorize non-application of the principle of the inviolability of the confidentiality of correspondence and other forms of communication, in cases where it is indispensable to a criminal investigation or required in the interests of the defence of the republic. article 18 the security and confidentiality of personal information are guaranteed. citizens are guaranteed protection from any violation of their personal integrity deriving from the registration of personal information through data processing. article 19 the freedom of religious confession is guaranteed. the right to express one's faith freely and publicly, individually or with others is guaranteed. the macedonian orthodox church and other religious communities and groups are separate from the state and equal before the law. the macedonian orthodox church and other religious communities and groups are free to establish schools and other social and charitable institutions, by way of a procedure regulated by law. article 20 citizens are guaranteed freedom of association to exercise and protect their political, economic, social, cultural and other rights and convictions. citizens may freely establish associations of citizens and political parties, join them or resign from them. the programmes and activities of political parties and other associations of citizens may not be directed at the violent destruction of the constitutional order of the republic, or at encouragement or incitement to military aggression or ethnic, racial or religious hatred or intolerance. military or paramilitary associations which do not belong to the armed forces of the republic of macedonia are prohibited. article 21 citizens have the right to assemble peacefully and to express public protest without prior announcement or a special license. the exercise of this right may be restricted only during a state of emergency or war. article 22 every citizen on reaching 18 years of age acquires the right to vote. the right to vote is equal, universal and direct, and is exercised at free elections by secret ballot. persons deprived of the right to practice their profession by a court verdict do not have the right to vote. article 23 every citizen has the right to take part in the performance of public office. article 24 every citizen has a right to petition state and other public bodies, as well as to receive an answer. a citizen cannot be called to account or suffer adverse consequences for attitudes expressed in petitions, unless they entail the committing of a criminal offence. article 25 each citizen is guaranteed the respect and protection of the privacy of his/her personal and family life and of his/her dignity and repute. article 26 the inviolability of the home is guaranteed. the right to the inviolability of the home may be restricted only by a court decision in cases of the detection or prevention of criminal offences or the protection of people’s health. article 27 every citizen of the republic of macedonia has the right of free movement on the territory of the republic and freely to chose his/her place of residence. every citizen has the right to leave the territory of the republic and to return to the republic. the exercise of these rights may be restricted by law only in cases where it is necessary for the protection of the security of the republic, criminal investigation or protection of people’s health. article 28 the defence of the republic of macedonia is the right and duty of every citizen. the exercise of this right and duty of citizen is regulated by law. article 29 foreign subjects enjoy freedoms and rights guaranteed by the constitution in the republic of macedonia, under conditions regulated by law and international agreements. the republic guarantees the right of asylum to foreign subjects and stateless persons expelled because of democratic political convictions and activities. extradition of a foreign subject can be carried out only on the basis of a ratified international agreement and on the principle of reciprocity. a foreign subject cannot be extradited for political criminal offences. acts of terrorism are not regarded as political criminal offences. 2. economic, social and cultural rights article 30 the right to ownership of property and the right of inheritance are guaranteed. ownership of property creates rights and duties and should serve the wellbeing of both the individual and the community. no person may be deprived of his/her property or of the rights deriving from it, except in cases concerning the public interest determined by law. if property is expropriated or restricted, rightful compensation not lower than its market value is guaranteed. article 31 foreign subjects in the republic of macedonia may acquire the right of ownership of property under conditions determined by law. article 32 everyone has the right to work, to free choice of employment, protection at work and material assistance during temporary unemployment. every job is open to all under equal conditions. every employee has a right to appropriate remuneration. every employee has the right to paid daily, weekly and annual leave. employees cannot waive this right. the exercise of the rights of employees and their position are regulated by law and collective agreements. article 33 everyone is obliged to pay tax and other public contributions, as well as to share in the discharge of public expenditure in a manner determined by law. article 34 citizens have a right to social security and social insurance, determined by law and collective agreement. article 35 the republic provides for the social protection and social security of citizens in accordance with the principle of social justice. the republic guarantees the right of assistance to citizens who are infirm or unfit for work. the republic provides particular protection for invalid persons, as well as conditions for their involvement in the life of the society. article 36 the republic guarantees particular social security rights to veterans of the anti-fascist war and of all macedonian national liberation wars, to war invalids, to those expelled and imprisoned for the ideas of the separate identity of the macedonian people and of macedonian statehood, as well as to members of their families without means of material and social subsistence. the particular rights are regulated by law. article 37 in order to exercise their economic and social rights, citizens have the right to establish trade unions. trade unions can constitute confederations and become members of international trade union organizations. the law may restrict the conditions for the exercise of the right to trade union organization in the armed forces, the police and administrative bodies. article 38 the right to strike is guaranteed. the law may restrict the conditions for the exercise of the right to strike in the armed forces, the police and administrative bodies. article 39 every citizen is guaranteed the right to health care. citizens have the right and duty to protect and promote their own health and the health of others. article 40 the republic provides particular care and protection for the family. the legal relations in marriage, the family and cohabitation are regulated by law. parents have the right and duty to provide for the nurturing and education of their children. children are responsible for the care of their old and infirm parents. the republic provides particular protection for parentless children and children without parental care. article 41 it is a human right freely to decide on the procreation of children. the republic conducts a humane population policy in order to provide balanced economic and social development. article 42 the republic particularly protects mothers, children and minors. a person under 15 years of age cannot be employed. minors and mothers have the right to particular protection at work. minors may not be employed in work which is detrimental to their health or morality. article 43 everyone has the right to a healthy environment to live in. everyone is obliged to promote and protect the environment. the republic provides conditions for the exercise of the right of citizens to a healthy environment. article 44 everyone has a right to education. education is accessible to everyone under equal conditions. primary education is compulsory and free. article 45 citizens have a right to establish private at schools at all levels of education, with the exception of primary education, under conditions determined by law. article 46 the autonomy of universities is guaranteed. the conditions of establishment, performance and termination of the activities of a university are regulated by law. article 47 the freedom of scholarly, artistic and other forms of creative work is guaranteed. rights deriving from scholarly, artistic or other intellectual creative work are guaranteed. the republic stimulates, assists and protects the development of scholarship, the arts and culture. the republic stimulates and assists scientific and technological development. the republic stimulates and assists technical education and sport. article 48 members of nationalities have a right freely to express, foster and develop their identity and national attributes. the republic guarantees the protection of the ethnic, cultural, linguistic and religious identity of the nationalities. members of the nationalities have the right to establish institutions for culture and art, as well as scholarly and other associations for the expression, fostering and development of their identity. members of the nationalities have the right to instruction in their language in primary and secondary education, as determined by law. in schools where education is carried out in the language of a nationality, the macedonian language is also studied. article 49 the republic cares for the status and rights of those persons belonging to the macedonian people in neighbouring countries, as well as macedonian expatriates, assists their cultural development and promotes links with them. the republic cares for the cultural, economic and social rights of the citizens of the republic abroad. 3. guarantees of basic freedoms and rights article 50 every citizen may invoke the protection of freedoms and rights determined by the constitution before the regular courts, as well as before the constitutional court of macedonia, through a procedure based upon the principles of priority and urgency. judicial protection of the legality of individual acts of state administration, as well as of other institutions carrying out public mandates, is guaranteed. a citizen has the right to be informed on human rights and basic freedoms as well as actively to contribute, individually or jointly with others, to their promotion and protection. article 51 in the republic of macedonia laws shall be in accordance with the constitution and all other regulations in accordance with the constitution and law. everyone is obliged to respect the constitution and the laws. article 52 laws and other regulations are published before they come into force. laws and other regulations are published in "the official gazette of the republic of macedonia" at most seven days after the day of their adoption. laws come into force on the eighth day after the day of their publication at the earliest, or on the day of publication in exceptional cases determined by the assembly. laws and other regulations may not have a retroactive effect, except in cases when this is more favourable for the citizens. article 53 attorneyship is an autonomous and independent public service, providing legal assistance and carrying out public mandates in accordance with the law. article 54 the freedoms and rights of the individual and citizen can be restricted only in cases determined by the constitution. the freedoms and rights of the individual and citizen can be restricted during states of war or emergency, in accordance with the provisions of the constitution. the restriction of freedoms and rights cannot discriminate on grounds of sex, race, colour of skin, language, religion, national or social origin, property or social status. the restriction of freedoms and rights cannot be applied to the right to life, the interdiction of torture, inhuman and humiliating conduct and punishment, the legal determination of punishable offences and sentences, as well as to the freedom of personal conviction, conscience, thought and religious confession. 4. foundations for economic relations article 55 the freedom of the market and entrepreneurship is guaranteed. the republic ensures an equal legal position to all parties in the market. the republic takes measures against monopolistic positions and monopolistic conduct on the market. the freedom of the market and entrepreneurship san be restricted by law only for reasons of the defence of the republic, protection of the natural and living environment or public health. article 56 all the natural resources of the republic of macedonia, the flora and fauna, amenities in common use, as well as the objects and buildings of particular cultural and historical value determined by law, are amenities of common interest for the republic and enjoy particular protection. the republic guarantees the protection, promotion and enhancement of the historical and artistic heritage of the macedonian people and of the nationalities and the treasures of which it is composed regardless of their legal status. the law regulates the mode and conditions under which specific items of general interest for the republic can be ceded for use. article 57 the republic of macedonia stimulates economic progress and provides for a more balanced spatial and regional development, as well as for the more rapid development of economically underdeveloped regions. article 58 ownership and labour form the basis for management and sharing in decision-making. participation in management and decision-making in public institutions and services is regulated by law, on the principles of expertise and competence. article 59 foreign investors are guaranteed the right to the free transfer of invested capital and profits. the rights obtained on the basis of the capital invested may not be reduced by law or other regulations. article 60 the national bank of the republic of macedonia is a currency-issuing bank. the national bank is autonomous and responsible for the stability of the currency, monetary policy and for the general liquidity of payments in the republic and abroad. the organization and work of the national bank are regulated by law. iii. the organization of state authority 1. the assembly of the republic of macedonia article 61 the assembly of the republic of macedonia is a representative body of the citizens and the legislative power of the republic is vested in it. the organization and functioning of the assembly are regulated by the constitution and by the rules of procedure. article 62 the assembly of the republic of macedonia is composed of 120 to 140 representatives. the representatives are elected at general, direct and free elections and by secret ballot. the representative represents the citizens and makes decisions in the assembly in accordance with his/her personal convictions. a representative’s mandate cannot be revoked. the mode and conditions of election of representatives are regulated by a low adopted by a majority vote of the total number of representatives. article 63 the representatives for the assembly are elected for a term of four years. the mandate of representatives is verified by the assembly. the length of the mandate is reckoned from the constitutive meeting of the assembly. each newly-elected assembly must hold a constitutive meeting 20 days at the latest after the election was held. the constitutive meeting is called by the president of the assembly of the previous term. if a constitutive meeting is not called within the time laid down, the representatives assemble and constitute the assembly themselves on the twenty-first day after the completion of the elections. elections for representatives to the assembly are held within the last 90 days of the term of the current assembly, or within 60 days from the day of dissolution of the assembly. the term of office of the representatives to the assembly can be extended only during states of war or emergency. cases where a citizen cannot be elected a representative, owing to the incompatibility of this office with other public offices or professions already held, are defined by law. the assembly is dissolved when more than half of the total number of representatives vote for dissolution. article 64 representatives enjoy immunity. a representative cannot be held to have committed a criminal offence or be detained owing to views he/she has expressed or to the way he/she has voted in the assembly. a representative cannot be detained without the approval of the assembly unless found committing a criminal offence for which a prison sentence of at least five years is prescribed. the assembly can decide to invoke immunity for a representative without his/her request, should it be necessary for the performance of the representative’s office. representatives may not be called up for duties in the armed forces during the course of their term of office. a representative is entitled to remuneration determined by law. article 65 a representative may resign his/her mandate. the representative submits his/her resignation in person at a session of the assembly. the mandate of a representative terminates if he/she is sentenced for a criminal offence for which a prison sentence of at least five years is prescribed. the representative can have his/her mandate revoked for committing a criminal offence making him/her unfit to perform the office of a representative, as well as for absence from the assembly for longer than 6 months for no justifiable reason. revocation of the mandate is determined by the assembly by a two-thirds majority vote of all representatives. article 66 the assembly is in permanent session. the assembly works at meetings. the meetings of the assembly are called by the president of the assembly. the assembly adopts the rules of procedure by a majority vote of the total number of representatives. article 67 the assembly elects a president and one or more vice-presidents from the ranks of the representatives by a majority vote of the total number of representatives. the president of the assembly represents the assembly, ensures the application of the rules of procedure and carries out other responsibilities determined by the constitution and the rules of procedure of the assembly. the office of the president of the assembly is incompatible with the performance of other public offices, professions or appointment in a political party. the president of the assembly issues notice of the election of representatives and of the president of the republic. article 68 the assembly of the republic of macedonia adopts and changes the constitution; adopts laws and gives the authentic interpretation of laws; determines public taxes and fees; adopts the budget and the balance of payments of the republic; adopts the spatial plan of the republic; ratifies international agreements; decides on war and peace; makes decisions concerning any changes in the borders of the republic; makes decisions on association in and disassociation from any form of union or community with other states; issues notice of a referendum; makes decisions concerning the reserves of the republic; sets up councils; elects the government of the republic of macedonia; elects judges to the constitutional court of the republic of macedonia; carries out elections and discharges judges; selects, appoints and dismisses other holders of public and other office determined by the constitution and law; carries out political monitoring and supervision of the government and other holders of public office responsible to the assembly; proclaims amnesties; and performs other activities determined by the constitution. in carrying out the duties within its sphere of competence, the assembly adopts decisions, declarations, resolutions, recommendations and conclusions. article 69 the assembly may work if its meeting is attended by a majority of the total number of representatives. the assembly makes decisions by a majority vote of the representatives attending, but no less than one-third of the total number of representatives, in so far as the constitution does not provide for a qualified majority. article 70 the meetings of the assembly are open to the public. the assembly may decide to work without the presence of the public by a two-thirds majority vote of the total number of representatives. article 71 the right to propose adoption of a law is given to every representative of the assembly, to the government of the republic and to a group of at least 10,000 voters. the initiative for adopting a law may be given to the authorized instances by any citizen, group of citizens, institutions or associations. article 72 an interpellation may be made concerning the work of any public office-holder, the government and any of its members individually, as well as on issues concerning the performance of state bodies. interpellation may be made by a minimum of five representatives. all representatives have the right to ask a representative's question. the mode and procedure for submitting and debating on an interpellation and representative's question are regulated by the rules of procedure. article 73 the assembly decides on issuing notice of a referendum concerning specific matters within its sphere of competence by a majority vote of the total number of representatives. the decision of the majority of voters in a referendum is adopted on condition that more than half of the total number of voters voted. the assembly is obliged to issue notice of a referendum if one is proposed by at least 150,000 voters. the decision made in a referendum is binding. article 74 the assembly makes decisions on any change in the borders of the republic by a two-thirds majority vote of the total number of representatives. the decision on any change in the borders of the republic is adopted by referendum, in so far as it is accepted by the majority of the total number of voters. article 75 laws are declared by promulgation. the promulgation declaring a law is signed by the president of the republic and the president of the assembly. the president of the republic may decide not to sign the promulgation declaring a law. the assembly reconsiders the law and the president of the republic is then obliged to sign the promulgation in so far as it is adopted by a majority vote of the total number of representatives. the president is obliged to sign a promulgation if the law has been adopted by a two-thirds majority vote of the total number of representatives in accordance with the constitution. article 76 the assembly sets up permanent and temporary working bodies. the assembly may set up survey commissions for any domain or any matter of public interest. a proposal for setting up a survey commission may be submitted by a minimum of 20 representatives. the assembly sets up a permanent survey commission for the protection of the freedoms and rights of citizens. the findings of the survey commissions form the basis for the initiation of proceedings to ascertain the answerability of public office-holders. article 77 the assembly elects the public attorney. the public attorney protects the constitutional and legal rights of citizens when violated by bodies of state administration and by other bodies and organizations with public mandates. the public attorney is elected for a term of eight years, with the right to one reelection. the conditions for election and dismissal, the sphere of competence and the mode of work of the public attorney are regulated by law. article 78 the assembly establishes a council for inter-ethnic relations. the council consists of the president of the assembly and two members each from the ranks of the macedonians, albanians, turks, vlachs and romanies, as well as two members from the ranks of other nationalities in macedonia. the president of the assembly is president of the council. the assembly elects the members of the council. the council considers issues of inter-ethnic relations in the republic and makes appraisals and proposals for their solution. the assembly is obliged to take into consideration the appraisals and proposals of the council and to make decisions regarding them. 2. the president of the republic of macedonia article 79 the president of the republic macedonia represents the republic. the president of the republic is commander-in-chief of the armed forces of macedonia. the president of the republic exercises his/her rights and duties on the basis and within the framework of the constitution and laws. article 80 the president of the republic is elected in general and direct elections, by secret ballot, for a term of five years. a person may be elected president of the republic two times at most. the president of the republic shall be a citizen of the republic of macedonia. a person may be elected president of the republic if over the age of at least 40 on the day of election. a person may not be elected president of the republic if, on the day of election, he/she has not been a resident of the republic of macedonia for at least ten years within the last fifteen years. article 81 a candidate for president of the republic can be nominated by a minimum of 10,000 voters or at least 30 representatives. a candidate for president of the republic is elected if voted by a majority of the total number of voters. if in the first round of voting no candidate wins the majority required, voting in the second round is restricted to the two candidates who have won most votes in the first round. the second round takes place within 14 days of the termination of voting in the first round. a candidate is elected president if he/she wins a majority of the votes of those who voted, provided more than half of the registered voters voted. if in the second round of voting no candidate wins the required majority of votes, the whole electoral procedure is repeated. if only one candidate is nominated for the post of president of the republic and he/she does not obtain the required majority of votes in the first round, the whole electoral procedure is repeated. the election of the president of the republic takes place within the last 60 days of the term of the previous president. should the term of office of the president of the republic be terminated for any reason, the election of a new president takes place within 40 days from the day of termination. before taking up office, the president of the republic makes a solemn declaration before the assembly of his/her commitment to respect the constitution and the laws. article 82 in case of death, resignation, permanent inability to perform his/her duties, or in case of termination of the mandate in accordance with the provisions of the constitution, the office of the president of the republic is carried out by the president of the assembly until the election of the new president. decisions on the applicability of the conditions, for the cessation of office of the president of the republic are the official duty of the constitutional court. should the president of the republic be temporarily unable to perform his/her duties, the president of the assembly deputizes for him/her. while the president of the assembly is performing the office of president of the republic, he/she takes part in the work of the assembly without the right to vote. article 83 the duty of the president of the republic is incompatible with the performance of any other public office, profession or appointment in a political party. the president of the republic is granted immunity. the constitutional court decides by a two-thirds majority vote of the total number of judges on any case for withholding immunity and approving of detention for the president of the republic. article 84 the president of the republic of macedonia nominates a mandator to constitute the government of the republic of macedonia; appoints and dismisses by decree ambassadors and other diplomatic representatives of the republic of macedonia abroad; accepts the credentials and letters of recall of foreign diplomatic representatives; proposes two judges to sit on the constitutional court of the republic of macedonia; proposes two members of the republican judicial council; appoints three members to the security council of the republic of macedonia; proposes the members of the council for inter-ethnic relations; appoints and dismisses other holders of state and public office determined by the constitution and the law; grants decorations and honours in accordance with the law; grants pardons in accordance with the law; and performs other duties determined by the constitution. article 85 the president of the republic addresses the assembly on issues within his/her sphere of competence at least once a year. the assembly may request the president of the republic to state an opinion on issues within his/her sphere of competence. article 86 the president of the republic is president of the security council of the republic of macedonia. the security council of the republic is composed of the president of the republic, the president of the assembly, the prime minister, the ministers heading the bodies of state administration in the fields of security, defence and foreign affairs and three members appointed by the president of the republic. the council considers issues relating to the security and defence of the republic and makes policy proposals to the assembly and the government. article 87 the president is held accountable for any violation of the constitution in exercising his/her rights and duties. the procedure for determining the president of the republic's answerability is initiated by the assembly with a two-thirds majority vote of all representatives. it is the constitutional court that decides on the answerability of the president by a two-thirds majority vote of all judges. if the constitutional court considers the president answerable for a violation, his/her mandate is terminated by the force of the constitution. 3. the government of the republic of macedonia article 88 executive power is vested in the government of the republic of macedonia. the government exercises its rights and competence on the basis and within the framework of the constitution and law. article 89 the government is composed of a prime minister and ministers. the prime minister and the ministers cannot be representatives in the assembly. the prime minister, and ministers are granted immunity. the government decides on their immunity. the prime minister, deputy prime ministers and ministers cannot be called up for duties in the armed forces. the office of prime minister or minister is incompatible with any other public office or profession. the organization and mode of working of the government are regulated by law. article 90 the president of the republic of macedonia is obliged, within 10 days of the constitution of the assembly, to entrust the mandate for constituting the government to a candidate from the party or parties which has/have a majority in the assembly. within 20 days from the day of being entrusted with the mandate, the mandator submits a programme to the assembly and proposes the composition of the government. the government is elected by the assembly on the proposal of the mandator and on the basis of the programme by a majority vote of the total number of representatives. article 91 the government of the republic of macedonia determines the policy of carrying out the laws and other regulations of the assembly and is responsible for their execution; proposes laws, the budget of the republic and other regulations adopted by the assembly; proposes a spatial plan of the republic; proposes decisions concerning the reserves of the republic and sees to their execution; adopts bylaws and other acts for the execution of laws; lays down principles on the internal organization and work of the ministries and other administrative bodies, directing and supervising their work; provides appraisals of drafts of laws and other acts submitted to the assembly by other authorized bodies; decides on the recognition of states and governments; establishes diplomatic and consular relations with other states; makes decisions on opening diplomatic and consular offices abroad; proposes the appointment of ambassadors and representatives of the republic of macedonia abroad and appoints chiefs of consular offices; proposes the public prosecutor; appoints and dismisses holders of public and other office determined by the constitution and laws; and performs other duties determined by the constitution and law. article 92 the government and each of its members are accountable to the assembly. the assembly may take a vote of no-confidence in the government. a vote of no-confidence in the government may be initiated by a minimum of 20 representatives. the vote of no-confidence in the government is taken after three days have elapsed from the day of its proposal. another vote of no-confidence in the government may not be proposed before 90 days have elapsed since the last such vote, unless proposed by a majority of all representatives. a vote of no-confidence in the government is adopted by a majority vote of all the representatives. if a vote of no-confidence in the government is passed, the government is obliged to submit its resignation. article 93 the government itself has the right to raise the question of confidence before the assembly. the government has the right go submit its resignation. the resignation of the prime minister, his/her death or permanent inability to perform his/her duties entail the resignation of the government. the government ceases its term of office when the assembly is dissolved. when a vote of no-confidence in the government has been passed, it has submitted its resignation, or its term of office has ceased owing to the dissolution of the assembly, the same government remains on duty until the election of a new government. article 94 a member of the government has the right to submit his/her resignation. the prime minister may propose the dismissal of a member of the government. the assembly decides on the proposal for the dismissal of a member of the government at its first meeting following the proposal. if the prime minister dismisses more than one-third of the initial composition of the government, the assembly follows the same procedure as for the election of a new government. article 95 the state administration consists of ministries and other administrative bodies and organizations determined by law. political organization and activities within bodies of state administration are prohibited. the organization and work of the bodies of state administration are regulated by a law to be adopted by a two-thirds majority vote of all representatives. article 96 the bodies of state administration perform the duties within their sphere of competence autonomously and on the basis and within the framework of the constitution and laws, being accountable for their work to the government. article 97 the bodies of state administration in the fields of defence and the police are to be headed by civilians who have been civilians for at least three years before their election to these offices. 4. the judiciary article 98 judiciary power is exercised by courts. courts are autonomous and independent. courts judge on the basis of the constitution and laws and international agreements ratified in accordance with the constitution. there is one form of organization for the judiciary. emergency courts are prohibited. the types of courts, their spheres of competence, their establishment, abrogation, organization and composition, as well as the procedure they follow are regulated by a law adopted by a majority vote of two-thirds of the total number of representatives. article 99 a judge is elected without restriction of his/her term of office. a judge cannot be transferred against his/her will. a judge is discharged if he/she so requests; if he/she permanently loses the capability of carrying out a judge’s office, which is determined by the republican judicial council; if he/she fulfills the conditions for retirement; if he/she is sentenced for a criminal offence to a prison term of a minimum of six months; owing to a serious disciplinary offence defined in law, making him/her unsuitable to perform a judge’s office as decided by the republican judicial council; and owing to unprofessional and unethical performance of a judge’s office, as decided by the republican judicial council in a procedure regulated by law. article 100 judges are granted immunity. the assembly decides on the immunity of judges. the performance of a judge’s office in incompatible with other public office, profession or membership in a political party. political organization and activity in the judiciary is prohibited. article 101 the supreme court of the republic of macedonia is the highest court in the republic, providing uniformity in the implementation of the laws by the courts. article 102 court hearings and the passing of verdicts are public. the public can be excluded in cases determined by law. article 103 the court tries cases in council. the law determines cases in which a judge can sit alone. jury judges take part in a trial in cases determined by law. jury judges cannot be held answerable for their opinions and decisions concerning their verdict. article 104 the republican judicial council is composed of seven members. the assembly elects the members of the council. the members of the council are elected from the ranks of outstanding members of the legal profession for a term of six wears with the right to one reelection. members of the republican judicial council are granted immunity. the assembly decides on their immunity. the office of a member of the republican judicial council is incompatible with the performance of other public offices, professions or membership in political parties. article 105 the republican judicial council proposes to the assembly the election and discharge of judges and determines proposals for the discharge of a judge’s office in cases laid down in the constitution; decides on the disciplinary answerability of judges; assesses the competence and ethics of judges in the performance of their office; and proposes two judges to sit on the constitutional court of the republic of macedonia. 5. the public prosecutor’s office article 106 the public prosecutor's office is a single and autonomous state body carrying out legal measures against persons who have committed criminal and other offences determined by law, it also performs other duties determined by law. the public prosecutor's office carries out its duties on the basis of and within the framework of the constitution and law. the public prosecutor is appointed by the assembly for a term of six years and is discharged by the assembly. article 107 the public prosecutor is granted immunity. the assembly decides on his/her immunity. the office of the public prosecutor is incompatible with the performance of any other public office, profession or membership in a political party. iv. the constitutional court of the republic of macedonia article 108 the constitutional court of the republic of macedonia is a body of the republic protecting constitutionality and legality. article 109 the constitutional court of the republic of macedonia is composed of nine judges. the assembly elects the judges to the constitutional court by a majority vote of the total number of representatives. the term of office of the judges is nine years without the right to reelection. the constitutional court elects a president from its own ranks for a term of three years without the right to reelection. judges of the constitutional court are elected from the ranks of outstanding members of the legal profession. article 110 the constitutional court of the republic of macedonia decides on the conformity of laws with the constitution; decides on the conformity of collective agreements and other regulations with the constitution and laws; protects the freedoms and rights of the individual and citizen relating to the freedom of conviction, conscience, thought and public expression of thought, political association and activity as well as to the prohibition of discrimination among citizens on the ground of sex, race, religion or national, social or political affiliation; decides on conflicts of competency among holders of legislative, executive and judicial offices; decides on conflicts of competency among republic bodies and units of local self-government; decides on the answerability of the president of the republic; decides on the constitutionality of the programmes and statutes of political parties and associations of citizens; and decides on other issues determined by the constitution. article 111 the office of judge of the constitutional court is incompatible with the performance of other public office, profession or membership in a political party. judges of the constitutional court are granted immunity. the constitutional court decides on their immunity. judges of the constitutional court cannot be called up for duties in the armed forces. the office of a judge of the constitutional court ceases when the incumbent resigns. a judge of the constitutional court shall be discharged from office if sentenced for a criminal offence to unconditional imprisonment of a minimum of six months, or if he/she permanently loses the capability of performing his/her office, as determined by the constitutional court. article 112 the constitutional court shall repeal or invalidate a law if it determines that the law does not conform to the constitution. the constitutional court shall repeal or invalidate a collective agreement, other regulation or enactment, statute or programme of a political party or association, if it determines that the same does not conform to the constitution or law. the decisions of the constitutional court are final and executive. article 113 the mode of work and the procedure of the constitutional court are regulated by an enactment of the court. v. local self-government article 114 the right of citizens to local self-government is guaranteed. municipalities are units of local self-government. within municipalities forms of neighbourhood self-government may be established. municipalities are financed from their own sources of income determined by law as well as by funds from the republic. local self-government is regulated by a law adopted by a two-thirds majority vote of the total number of representatives. article 115 in units of local self-government, citizens directly and through representatives participate in decision-making on issues of local relevance particularly in the fields of urban planning, communal activities, culture, sport, social security and child care, preschool education, primary education, basic health care and other fields determined by law. the municipality is autonomous in the execution of its constitutionally and legally determined spheres of competence; supervision of the legality of its work is carried out by the republic. the carrying out of specified matters can by law be entrusted to the municipality by the republic. article 116 the territorial division of the republic and the area administered by each municipality are defined by law. article 117 the city of skopje is a particular unit of local self-government the organization of which is regulated by law. in the city of skopje, citizens directly and through representatives participate in decision-making on issues of relevance for the city of skopje particularly in the field of urban planning, communal activities, culture, sport, social security and child care, preschool education, primary education, basic health care and other fields determined by law. the city of skopje is financed from its own sources of income determined by law, as well as by funds from the republic. the city is autonomous in the execution of its constitutionally and legally determined spheres of competence; supervision of the legality of its work is carried out by the republic. by law, the republic can entrust the carrying out of specified matters to the city. vi. international relations article 118 the international agreements ratified in accordance with the constitution are part of the internal legal order and cannot be changed by law. article 119 international agreements are concluded in the name of the republic of macedonia by the president of the republic of macedonia. international agreements may also be concluded by the government of the republic of macedonia, when it is so determined by law. article 120 a proposal for association in a union or community with other states or for dissociation from a union or community with other states may be submitted by the president of the republic, the government or by at least 40 representatives. the proposal for association in or dissociation from a union or community with other states is accepted by the assembly by a two-thirds majority vote of the total number of representatives. the decision of association in or dissociation from a union or community is adopted if it is upheld in a referendum by the majority of the total number of voters in the republic. article 121 a decision of association or dissociation concerning membership in international organizations is adopted by the assembly by a majority vote of the total number of representatives of the assembly and proposed by the president of the republic, the government or at least 40 representatives of the assembly. vii. the defence of the republic and states of war and emergency article 122 the armed forces of the republic of macedonia protect the territorial integrity and independence of the republic. the defence of the republic is regulated by a law adopted by a two-thirds majority vote of the total number of representatives. article 123 no person is authorized to recognize occupation of the republic of macedonia or of part thereof. article 124 a state of war exists when direct danger of military attack on the republic is impending, or when the republic is attacked, or war is declared on it. a state of war is declared by the assembly by a two-thirds majority vote of the total number of representatives of the assembly, on the proposal of the president of the republic, the government or at least 30 representatives. if the assembly cannot meet, the decision on the declaration of a state of war is made by the president of the republic who submits it to the assembly for confirmation as soon as it can meet. article 125 a state of emergency exists when major natural disasters or epidemics take place. a state of emergency on the territory of the republic of macedonia or on part thereof is determined by the assembly on a proposal by the president of the republic, the government or by at least 30 representatives. the decision to establish the existence of a state of emergency is made by a two-thirds majority vote of the total number of representatives and can remain in force for a maximum of 30 days. if the assembly cannot meet, the decision to establish the existence of a state of emergency is made by the president of the republic, who submits it to the assembly for confirmation as soon as it can meet. article 126 during a state of war or emergency, the government, in accordance with the constitution and law, issues decrees with the force of law. the authorization of the government to issue decrees with the force of law lasts until the termination of the state of war or emergency, on which the assembly decides. article 127 during the state of war, if the assembly cannot meet, the president of the republic may appoint and discharge the government, as well as appoint or dismiss officials whose election is within the sphere of competence of the assembly. article 128 the mandate of the judges of the constitutional court of macedonia, as well as members of the republican judicial council is extended for the duration of the state of war or emergency. viii. changes in the constitution article 129 the constitution of the republic of macedonia can be changed or supplemented by constitutional amendments. article 130 a proposal to initiate a change in the constitution in the republic of macedonia may be made by the president of the republic, by the government, by at least 30 representatives, or by 150,000 citizens. article 131 the decision to initiate a change in the constitution is made by the assembly by a two-thirds majority vote of the total number of representatives. the draft amendment to the constitution is confirmed by the assembly by a majority vote of the total number of representatives and then submitted to public debate. the decision to change the constitution is made by the assembly by a two-thirds majority vote of the total number of representatives. the change in the constitution is declared by the assembly. ix. transitional and final clauses article 132 time of residence in other republics in the socialist federative republic of yugoslavia is also included in the time span specified in article 80, paragraph 5. article 133 a constitution act shall be adopted for the implementation of the constitution. the constitution act is adopted by a two-thirds majority vote of the total number of representatives. the constitution act is declared by the assembly and comes into force simultaneously with the declaration of the constitution. article 134 this constitution comes into force on the day it is declared in the assembly of the republic of macedonia. x. amendments to the constitution of the republic of macedonia amendment i the republic of macedonia has no territorial pretensions towards any neighboring state. the borders of the republic of macedonia can only be changed in accordance with the constitution and on the principle of free will, as well as in accordance with generally accepted international norms. clause 1. of this amendment is an addendum to article 3 of the constitution of the republic of macedonia. clause 2. replaces paragraph 3 of the same article. amendment ii in the exercise of this concern the republic will not interfere in the sovereign rights of other states or in their internal affairs. this amendment is an addendum to paragraph 1 of article 49 of the constitution of the republic of macedonia. these amendments are an integral part of the constitution of the republic of macedonia and came into force on the day they were promulgated, on january 6th, 1992. amendment iii detention until the indictment may last, by a court decision, for a maximum period of 180 days from the day of detention. after the indictment, detention may be prolonged or determined by a competent court in case and in procedure prescribed by law. this amendment replaces paragraph 5 of article 12 of the constitution. amendment iv the citizens of the republic of macedonia, the macedonian people, as well as citizens living within its borders who are part of the albanian people, the turkish people, the vlach people, the serbian people, the romany people, the bosniak people and others taking responsibility for the present and future of their fatherland, aware of and grateful to their predecessors for their sacrifice and dedication in their endeavours and struggle to create an independent and sovereign state of macedonia, and responsible to future generations to preserve and develop everything that is valuable from the rich cultural inheritance and coexistence within macedonia, equal in rights and obligations towards the common good—the republic of macedonia—in accordance with the tradition of the krushevo republic and the decisions of the antifascist people’s liberation assembly of macedonia, and the referendum of september 8, 1991, have decided to establish the republic of macedonia as an independent, sovereign state, with the intention of establishing and consolidating the rule of law, guaranteeing human rights and civil liberties, providing peace and coexistence, social justice, economic well-being and prosperity in the life of the individual and the community, and, in this regard, through their representatives in the assembly of the republic of macedonia, elected in free and democratic elections, adopt . . . . item 1 of this amendment replaces the preamble of the constitution of the republic of macedonia. amendment v the macedonian language, written using its cyrillic alphabet, is the official language throughout the republic of macedonia and in the international relations of the republic of macedonia. any other language spoken by at least 20 percent of the population is also an official language, written using its alphabet, as specified below. any official personal documents of citizens speaking an official language other than macedonian shall also be issued in that language, in addition to the macedonian language, in accordance with the law. any person living in a unit of local self-government in which at least 20 percent of the population speaks an official language other than macedonian may use that official language to communicate with the regional office of the central government with responsibility for that municipality; such an office shall reply in that language in addition to macedonian. any person may use any official language to communicate with a main office of the central government, which shall reply in that language in addition to macedonian. in the organs of the republic of macedonia, any official language other than macedonian may be used in accordance with the law. in the units of local self-government where at least 20 percent of the population speaks a particular language, that language and its alphabet shall be used as an official language in addition to the macedonian language and the cyrillic alphabet. with respect to languages spoken by less than 20 percent of the population of a unit of local self-government, the local authorities shall decide on their use in public bodies. this amendment replaces article 7 of the constitution of the republic of macedonia. amendment vi equitable representation of persons belonging to all communities in public bodies at all levels and in other areas of public life; item 1 of this amendment is an addition to line 2 of article 8 of the constitution of the republic of macedonia. amendment vii the macedonian orthodox church, as well as the islamic religious community in macedonia, the catholic church, evangelical methodist church, the jewish community and other religious communities and groups are separate from the state and equal before the law. the macedonian orthodox church, as well as the islamic religious community in macedonia, the catholic church, evangelical methodist church, the jewish community and other religious communities and groups are free to establish schools and other social and charitable institutions, by way of a procedure regulated by law. item 1 of this amendment replaces paragraph 3 of article 19 and item 2 replaces paragraph 4 of article 19 of the constitution of the republic of macedonia. amendment viii members of communities have a right freely to express, foster and develop their identity and community attributes, and to use their community symbols. the republic guarantees the protection of the ethnic, cultural, linguistic and religious identity of all communities. members of communities have the right to establish institutions for culture, art, science and education, as well as scholarly and other associations for the expression, fostering and development of their identity. members of communities have the right to instruction in their language in primary and secondary education, as determined by law. in schools where education is carried out in another language, the macedonian language is also studied. this amendment replaces article 48 of the constitution of the republic of macedonia. amendment ix the republic guarantees the protection, promotion and enhancement of the historical and artistic heritage of macedonia and all communities in macedonia and the treasures of which it is composed, regardless of their legal status. item 1 of this amendment replaces paragraph 2 article 56 of the constitution of the republic of macedonia. amendment x the assembly can take a decision if its meeting is attended by a majority of the total number of representatives. the assembly makes decisions by a majority vote of the representatives attending, but no less than one-third of the total number of representatives, in so far as the constitution does not provide for a qualified majority. for laws that directly affect culture, use of language, education, personal documentation, and use of symbols, the assembly makes decisions by a majority vote of the representatives attending, within which there must be a majority of the votes of the representatives attending who belong to communities not in the majority in the population of macedonia. in the event of a dispute within the assembly regarding the application of this provision, the committee on inter-community relations shall resolve the dispute. this amendment replaces article 69 of the constitution of the republic of macedonia. amendment xi the assembly elects the public attorney by a majority vote of the total number of representatives, within which there must be a majority of the votes of the total number of representatives who belong to communities not in the majority in the population of macedonia. the public attorney protects the constitutional rights and legal rights of citizens when these are violated by bodies of state administration and by other bodies and organizations with public mandates. the public attorney shall give particular attention to safeguarding the principles of non-discrimination and equitable representation of communities in public bodies at all levels and in other areas of public life. item 1 of this amendment replaces paragraph 1 of article 77, and item 2 is added to paragraph 2 of article 77 of the constitution of the republic of macedonia. amendment xii the assembly shall establish a committee for inter-community relations. the committee consists of 19 members of whom 7 members each are from the ranks of the macedonians and albanians within the assembly, and a member each from among the turks, vlachs, romas, serbs and bosniaks. if one of the communities does not have representatives, the public attorney, after consultation with relevant representatives of those communities, shall propose the remaining members of the committee. the assembly elects the members of the committee. the committee considers issues of inter-community relations in the republic and makes appraisals and proposals for their solution. the assembly is obliged to take into consideration the appraisals and proposals of the committee and to make decisions regarding them. in the event of a dispute among members of the assembly regarding the application of the voting procedure specified in article 69(2), the committee shall decide by a majority vote whether the procedure applies. item 1 of this amendment replaces article 78 of the constitution of the republic of macedonia and line 7 of article 84 is deleted. amendment xiii in appointing the three members, the president shall ensure that the security council as a whole equitably reflects the composition of the population of macedonia. item 1 of this amendment is added to paragraph 2 of article 86 of the constitution of the republic of macedonia. amendment xiv three of the members shall be elected by a majority vote of the total number of representatives, within which there must be a majority of the votes of the total number of representatives who belong to the communities not in the majority in the population of macedonia. this amendment is added to paragraph 2 of article 104 of the constitution of the republic of macedonia. amendment xv the assembly elects the judges of the constitutional court. the assembly elects six of the judges to the constitutional court by a majority vote of the total number of representatives. the assembly elects three of the judges by a majority vote of the total number of representatives, within which there must be a majority of the votes of the total number of representatives who belong to the communities not in the majority in the population of macedonia. the term of office of the judges is nine years without the right to re-election. this amendment replaces paragraph 2 of article 109 of the constitution of the republic of macedonia. amendment xvi local self-government is regulated by a law adopted by a two-thirds majority vote of the total number of representatives, within which there must be a majority of the votes of the total number of representatives who belong to the communities not in the majority in the population of macedonia. the laws on local finances, local elections, boundaries of municipalities, and the city of skopje shall be adopted by a majority vote of the representatives attending, within which there must be a majority of the votes of the representatives attending who belong to the communities not in the majority in the population of macedonia. this amendment replaces paragraph 5 of article 114 of the constitution of the republic of macedonia. amendment xvii in units of local self-government, citizens directly and through representatives participate in decision-making on issues of local relevance particularly in the fields of public services, urban and rural planning, environmental protection, local economic development, local finances, communal activities, culture, sport, social security and child care, education, health care and other fields determined by law. in the city of skopje the citizens directly and through representatives participate in decision-making on issues of relevance to the city of skopje, particularly in the fields of public services, urban and rural planning, environmental protection, local economic development, local finances, communal activities, culture, sport, social security and child care, education, health care and other fields determined by law. item 1 of this amendment replaces paragraph 1 of article 115 of the constitution of the republic of macedonia, and item 2 replaces paragraph 2 of article 117 of the constitution of the republic of macedonia. amendment xviii a decision to amend the preamble, the articles on local self-government, article 131, any provision relating to the rights of members of communities, including in particular articles 7, 8, 9, 19, 48, 56, 69, 77, 78, 86, 104 and 109, as well as a decision to add any new provision relating to the subject-matter of such provisions and articles, shall require a two-thirds majority vote of the total number of representatives, within which there must be a majority of the votes of the total number of representatives who belong to the communities not in the majority in the population of macedonia. with this amendment a new paragraph is added to paragraph 4 of article 131 of the constitution of the republic of macedonia. amendment xix the freedom and inviolability of correspondence and other forms of communication is guaranteed. only a court decision may, under conditions and in procedure prescribed by law, authorise non-application of the principle of inviolability of correspondence and other forms of communication, in cases where it is indispensable to preventing or revealing criminal acts, to a criminal investigation or where required in the interests of security and defence of the republic. this amendment replaces article 17 of the constitution of the republic of macedonia. pursuant to article 131, paragraph 5 of the constitution of the republic of macedonia, the assembly of the republic of macedonia, at its session held on 7 december 2005 adopted the following decision for proclamation of the amendments xx, xxi, xxii, xxiii, xxiv, xxv, xxvi, xxvii, xxviii, xxix and xxx to the constitution of the republic of macedonia the amendments xx, xxi, xxii, xxiii, xxiv, xxv, xxvi, xxvii, xxviii, xxix and xxx to the constitution of the republic of macedonia are hereby proclaimed, which the assembly of the republic of macedonia adopted at its session held on 7 december 2005. the assembly of the republic of macedonia no. 07-4542/1 president of the assembly of the republic of macedonia 7 december 2005 skopje designed by ljupco jordanovski, phd that the copy is true to the original is certified by: deputy-secretary general of the assembly of the republic of macedonia felek kasami amendments xx, xxi, xxii, xxiii, xxiv, xxv, xxvi, xxvii, xxviii, xxix and xxx to the constitution of the republic of macedonia these amendments are an integral part of the constitution of the republic of macedonia and shall enter into force on the day of their promulgation. amendment xx for offences determined by law, sanction may be imposed, by a state administration body, organization and any other institution carrying public mandates. court protection is guaranteed against final verdict for an offence, under conditions and procedure determined by law. this amendment is an addendum to article 13 of the constitution of the republic of macedonia. amendment xxi the right to appeal against verdicts in first instance proceedings by a court is guaranteed. the right to appeal or any other legal protection against individual legal acts adopted in first instance proceedings by an administration body, organization and any other institution carrying public mandates shall be determined by law. this amendment replaces article 15 of the constitution of the republic of macedonia. amendment xxii proposes two members of the judicial council of the republic of macedonia. this amendment replaces line 5, article 84 of the constitution of the republic of macedonia. amendment xxiii the prime minister is granted immunity. the assembly decides on his or her immunity. this amendment replaces paragraph 3 of article 89 of the constitution of the republic of macedonia. amendment xxiv proposes the public prosecutor of the republic of macedonia having previously obtained opinion by the council of public prosecutors. this amendment replaces line 12 of article 91 of the constitution of the republic of macedonia. amendment xxv judiciary power is exercised by courts. courts are autonomous and independent. courts judge on the basis of the constitution and laws and international agreements ratified in accordance with the constitution. emergency courts are prohibited. the types of courts, their spheres of competence, their establishment, abrogation, organization and composition, as well as the procedure they follow are regulated by a law adopted by a of two-thirds majority vote of the total number of mp's. clause 1 of this amendment replaces article 98 of the constitution of the republic of macedonia. amendment xxvi the term of office of a judge ceases if he/she so requests; if he/she permanently loses the capability of carrying out a judge 's office, which is determined by the judicial council of the republic of macedonia; if he/she fulfils the conditions for retirement; if he/she is sentenced for a criminal offence to a prison term of a minimum of six months; if he/she is elected or appointed to another public office, except when his/her judicial function rests under conditions determined by law; a judge is discharged when he/she commits a serious disciplinary offense which makes him/her unsuitable to perform a judge 's office prescribed by law; and he/she performs her judicial duty unprofessionally and unethically under conditions stipulated by law. clause 1 of this amendment replaces paragraph 3 of article 99 of the constitution of the republic of macedonia. amendment xxvii a judge shall not be held responsible for an opinion given in the process of rendering a court decision. a judge shall not be detained without the consent of the judicial council, except when caught in committing a criminal act for which a prison sentence of at least five years is prescribed. the judicial function is incompatible with membership in a political party or with another public function or profession determined by law. clause 1 of this amendment replaces paragraph 2 of article 100 of the constitution of the republic of macedonia, and clause 2 of this amendment replaces paragraph 3 of article 100 of the constitution of the republic of macedonia. amendment xxviii the judicial council of the republic of macedonia is an independent and autonomous institution of the judiciary. the council shall ensure and guarantee the independence and the autonomy of the judiciary. the judicial council is composed of fifteen members. the president of the supreme court of the republic of macedonia and the minister of justice are ex officio members of the judicial council. eight members of the council are elected by the judges from their own ranks. three of them shall belong to the communities that are not majority in the republic of macedonia, insuring that equitable representation of citizens belonging to all communities shall be observed. three members of the council are elected by the assembly of the republic of macedonia with majority votes of the total number of mp's, and with majority votes from the total number of mp's who belong to the communities that are not majority in the republic of macedonia. two members of the council are proposed by the president of the republic of macedonia and are elected by the assembly of the republic of macedonia, and one of them shall belong to the communities that are not majority in the republic of macedonia. the members of the council elected by the assembly of the republic of macedonia, on a proposal of the president of the republic of macedonia shall be from among university law professors, lawyers and other prominent jurists. the members of the council are elected for a term of six years, with the right to one re-election. the criteria and manner of election, as well as the basis and the procedure for termination of the mandate and dismissal of a member of the council shall be determined by law. the office of a member of the council is incompatible with membership in political parties and with performance of other public offices and professions determined by law. this amendment replaces article 104 of the constitution of the republic of macedonia. amendment xxix the judicial council of the republic of macedonia elects and dismisses judges and lay judges; determines the termination of a judge's office; elects and dismisses presidents of courts; monitors and assesses the work of the judges decides on the disciplinary accountability of judges; has the right to revoke the immunity of judges; proposes two judges for the constitutional court of the republic of macedonia from among the judges; and performs other duties stipulated by law. on the election of judges, lay judges and court presidents, equitable representation of citizens belonging the all communities shall be observed. the council shall submit an annual report for its work to the assembly of the republic of macedonia in from, content and manner determined by law. this amendment replaces article 105 of the constitution of the republic of macedonia and deletes line 15 of paragraph 1, article 68 of the constitution of the republic of macedonia. amendment xxx the public prosecutor’s office performs his/her duties on the basis of the constitution and law and the international agreements ratified in accordance with the constitution. the function of the public prosecutor's office is performed by the public prosecutor of the republic of macedonia and by the public prosecutors. the competences, establishment, termination, organization and functioning of the public prosecutor's office is stipulated by law adopted by a two-thirds majority vote of the total number of mp's. the public prosecutor of the republic of macedonia is appointed and dismissed by the assembly of the republic of macedonia for a term of six years with the right to re-election. the public prosecutors are elected by the council of public prosecutors and their term of office shall have no restrictions. in the election of public prosecutors, equitable representation of citizens belonging to all communities shall be observed. the council decides on dismissal of public prosecutors. the competences, composition and structure of the council, the term of office of its members, as well as the basis and the procedure for termination of the mandate and for the dismissal of a member of the council is stipulated by law. the basis and the procedure for termination of the mandate and dismissal of the public prosecutor of the republic of macedonia and of the public prosecutors are determined by law. the function of the public prosecutor of the republic of macedonia and of a public prosecutor is incompatible with membership in a political party or with performance of any other public functions and professions stipulated by law. political organization and activity in the public prosecution is prohibited. this amendment replaces paragraphs 2 and 3 of article 106 of the constitution of the republic of macedonia and deletes article 107 of the constitution of the republic of macedonia. amendment xxxi a candidate is elected president if he/she wins a majority of the votes of those who voted, provided more than 40% of the registered voters voted. this amendment replaces paragraph 5 of article 81 of the constitution of the republic of macedonia. amendment xxxii a citizen of the republic of macedonia can not be deprived of citizenship, nor can he/she be expelled from the republic of macedonia. a citizen of the republic of macedonia can not be extradited to another country, except based on a ratified international agreement upon a decision of the court. this amendment replaces paragraph 2 of article 4 of the constitution of the republic of macedonia. preamble we, the people of papua new guineaunited in one nation pay homage to the memory of our ancestors the source of our strength and origin of our combined heritage acknowledge the worthy customs and traditional wisdoms of our people which have come down to us from generation to generation pledge ourselves to guard and pass on to those who come after us our noble traditions and the christian principles that are ours now. by authority of our inherent right as ancient, free and independent peoples we, the people, do now establish this sovereign nation and declare ourselves, under the guiding hand of god, to be the independent state of papua new guinea. and we assert, by virtue of that authority that all power belongs to the people acting through their duly elected representatives that respect for the dignity of the individual and community interdependence are basic principles of our society that we guard with our lives our national identity, integrity and self respect that we reject violence and seek consensus as a means of solving our common problems that our national wealth, won by honest, hard work be equitably shared by all. we do now therefore declare that we, having resolved to enact a constitution for the independent state of papua new guinea and acting through our constituent assembly on 15 august 1975, hereby establish, adopt and give to ourselves this constitution to come into effect on independence day, that is 16 september 1975 in so doing we, the people of papua new guinea, set before ourselves these national goals and directive principles that underlie our constitution: national goals and directive principles. we hereby proclaim the following aims as our national goals, and direct all persons and bodies, corporate and unincorporate, to be guided by these our declared directives in pursuing and achieving our aims:1. integral human development we declare our first goal to be for every person to be dynamically involved in the process of freeing himself from every form of domination or oppression so that each man or woman will have the opportunity to develop as a whole person in relationship with others. we accordingly call foreveryone to be involved in our endeavours to achieve integral human development of the whole person for every person and to seek fulfilment through his or her contribution to the common good; and education to be based on mutual respect and dialogue, and to promote awareness of our human potential and motivation to achieve our national goals through self-reliant effort; and all forms of beneficial creativity, including sciences and cultures, to be actively encouraged; and improvement in the level of nutrition and the standard of public health to enable our people to attain self fulfilment; and the family unit to be recognized as the fundamental basis of our society, and for every step to be taken to promote the moral, cultural, economic and social standing of the melanesian family; and development to take place primarily through the use of papua new guinean forms of social and political organization. 2. equality and participation we declare our second goal to be for all citizens to have an equal opportunity to participate in, and benefit from, the development of our country. we accordingly call foran equal opportunity for every citizen to take part in the political, economic, social, religious and cultural life of the country; and the creation of political structures that will enable effective, meaningful participation by our people in that life, and in view of the rich cultural and ethnic diversity of our people for those structures to provide for substantial decentralization of all forms of government activity; and every effort to be made to achieve an equitable distribution of incomes and other benefits of development among individuals and throughout the various parts of the country; and equalization of services in all parts of the country, and for every citizen to have equal access to legal processes and all services, governmental and otherwise, that are required for the fulfilment of his or her real needs and aspirations; and equal participation by women citizens in all political, economic, social and religious activities; and the maximization of the number of citizens participating in every aspect of development; and active steps to be taken to facilitate the organization and legal recognition of all groups engaging in development activities; and means to be provided to ensure that any citizen can exercise his personal creativity and enterprise in pursuit of fulfilment that is consistent with the common good, and for no citizen to be deprived of this opportunity because of the predominant position of another; and every citizen to be able to participate, either directly or through a representative, in the consideration of any matter affecting his interests or the interests of his community; and all persons and governmental bodies of papua new guinea to ensure that, as far as possible, political and official bodies are so composed as to be broadly representative of citizens from the various areas of the country; and all persons and governmental bodies to endeavour to achieve universal literacy in pisin, hiri motu or english, and in "tok ples" or "ita eda tano gado"; and recognition of the principles that a complete relationship in marriage rests on equality of rights and duties of the partners, and that responsible parenthood is based on that equality. 3. national sovereignty and self-reliance we declare our third goal to be for papua new guinea to be politically and economically independent, and our economy basically self-reliant. we accordingly call forour leaders to be committed to these national goals and directive principles, to ensure that their freedom to make decisions is not restricted by obligations to or relationship with others, and to make all of their decisions in the national interest; and all governmental bodies to base their planning for political, economic and social development on these goals and principles; and internal interdependence and solidarity among citizens, and between provinces, to be actively promoted; and citizens and governmental bodies to have control of the bulk of economic enterprise and production; and strict control of foreign investment capital and wise assessment of foreign ideas and values so that these will be subordinate to the goal of national sovereignty and self-reliance, and in particular for the entry of foreign capital to be geared to internal social and economic policies and to the integrity of the nation and the people; and the state to take effective measures to control and actively participate in the national economy, and in particular to control major enterprises engaged in the exploitation of natural resources; and economic development to take place primarily by the use of skills and resources available in the country either from citizens or the state and not in dependence on imported skills and resources; and the constant recognition of our sovereignty which must not be undermined by dependence on foreign assistance of any sort, and in particular for no investment, military or foreign-aid agreement or understanding to be entered into that imperils our self-reliance and self-respect, or our commitment to these national goals and directive principles, or that may lead to substantial dependence upon or influence by any country, investor, lender or donor. 4. natural resources and environment we declare our fourth goal to be for papua new guinea's natural resources and environment to be conserved and used for the collective benefit of us all and be replenished for the benefit of future generations. we accordingly call forwise use to be made of our natural resources and the environment in and on the land or seabed, in the sea, under the land, and in the air, in the interests of our development and in trust for future generations; and the conservation and replenishment, for the benefit of ourselves and posterity, of the environment and its sacred, scenic, and historical qualities; and all necessary steps to be taken to give adequate protection to our valued birds, animals, fish, insects, plants and trees. 5. papua new guinean ways we declare our fifth goal to be to achieve development primarily through the use of papua new guinean forms of social, political and economic organizations. we accordingly call fora fundamental re-orientation of our attitudes and the institutions of government, commerce, education and religion towards papua new guinean forms of participation, consultation, and consensus, and a continuous renewal of the responsiveness of these institutions to the needs and attitudes of the people; and particular emphasis in our economic development to be placed on small-scale artisan, service and business activity; and recognition that the cultural, commercial and ethnic diversity of our people is positive strength, and for the fostering of a respect for, and appreciation of, traditional ways of life and culture, including language, in all their richness and variety, as well as for a willingness to apply these ways dynamically and creatively for the tasks of development; and traditional villages and communities to remain as viable units of papua new guinean society, and for active steps to be taken to improve their cultural, social, economic and ethical quality. basic rights we hereby acknowledge that, subject to any restrictions imposed by law on noncitizens, all persons in our country are entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever their race, tribe, places of origin, political opinion, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the legitimate public interest, to each of the following:life, liberty, security of the person and the protection of the law; and the right to take part in political activities; and freedom from inhuman treatment and forced labour; and freedom of conscience, of expression, of information and of assembly and association; and freedom of employment and freedom of movement; and protection for the privacy of their homes and other property and from unjust deprivation of property, and have accordingly included in this constitution provisions designed to afford protection to those rights and freedoms, subject to such limitations on that protection as are contained in those provisions, being limitations primarily designed to ensure that the enjoyment of the acknowledged rights and freedoms by an individual does not prejudice the rights and freedoms of others or the legitimate public interest. basic social obligations we hereby declare that all persons in our country have the following basic obligations to themselves and their descendants, to each other, and to the nation:to respect, and to act in the spirit of, this constitution; and to recognize that they can fully develop their capabilities and advance their true interests only by active participation in the development of the national community as a whole; and to exercise the rights guaranteed or conferred by this constitution, and to use the opportunities made available to them under it to participate fully in the government of the nation; and to protect papua new guinea and to safeguard the national wealth, resources and environment in the interests not only of the present generation but also of future generations; and to work according to their talents in socially useful employment, and if necessary to create for themselves legitimate opportunities for such employment; and to respect the rights and freedoms of others, and to co-operate fully with others in the interests of interdependence and solidarity; and to contribute, as required by law, according to their means to the revenues required for the advancement of the nation and the purposes of papua new guinea; and in the case of parents, to support, assist and educate their children (whether born in or out of wedlock), and in particular to give them a true understanding of their basic rights and obligations and of the national goals and directive principles; and in the case of the children, to respect their parents. in addition, we hereby declare that all citizens have an obligation to themselves and their descendants, to each other and to the nation to use profits from economic activities in the advancement of our country and our people, and that the law may impose a similar obligation on non-citizens carrying on economic activities in or from our country. part i. introductory division 1. the nation 1. the independent state of papua new guinea papua new guinea is a sovereign, independent state by the name of the independent state of papua new guinea. the name of the independent state of papua new guinea and its variants shall be protected by an act of the parliament. 2. the area of papua new guinea the area of papua new guinea consists of the area that, immediately before independence day, constituted what was then known as papua new guinea, together with all internal waters and the territorial sea and underlying lands, and, subject to disclaimer by resolution of the parliament at or before the end of its next meeting, includes such neighbouring waters and such lands underlying any such waters, and such additional lands and waters, as are declared by the head of state, acting with, and in accordance with, the advice of the national executive council, to be part of that area. the sovereignty of papua new guinea over its territory, and over the natural resources of its territory, is and shall remain absolute, subject only to such obligations at international law as are freely accepted by papua new guinea in accordance with this constitution. 3. national symbols acts of the parliament may make provision for and in respect ofa national flag; and a national emblem; and a national motto; and a national seal; and a national anthem. until such time as other provision is made in accordance with subsection (1), the national flag, national emblem and national seal are those that were in use immediately before independence day. 4. national capital district there shall be a national capital district. the seat of government shall be in the national capital district. the boundaries of the national capital district shall be as defined by an organic law. an organic law or an act of the parliament shall make provision in respect of the government of the national capital district. in calculating the number of provincial electorates in accordance with section 125 (electorates), the national capital district shall be taken into account as if it were a province. 5. provinces an organic law may declare, or make provision in respect of the declaration of, part of the country as provinces. an organic law may provide for, or make provision in respect of, the creation of new provinces by the amalgamation or division of existing provinces or for the variation of the boundaries of a province. 6. declaration of loyalty where a law requires a declaration of loyalty to be made, it shall be made in the following form: "i...realizing fully the responsibilities to which i am committing myself and the consequences of not living up to this declaration and those responsibilities, freely and willingly declare my loyalty to the independent state of papua new guinea and its people and to the constitution of papua new guinea adopted by the constituent assembly on 15 august 1975, as altered from time to time in accordance with its provisions, and promise that i will uphold the constitution and the laws of papua new guinea." 7. oath of allegiance where a law requires an oath of allegiance or affirmation of allegiance to be made, it shall be made in the following form: "oath of allegiance. i‚ ... do swear that i will well and truly serve and bear true allegiance to her majesty queen elizabeth ii. her heirs and successors according to law. so help me god! affirmation of allegiance. i, ... do promise and affirm that i will well and truly serve her majesty queen elizabeth ii. her heirs and successors according to law." division 2. interpretation 8. principles of interpretation for the purpose of the interpretation of this constitution and the organic laws, the provisions of schedule 1 (rules for shortening and interpretation of the constitutional laws) applies and, subject to that schedule, the underlying law applies. part ii. the national legal system division 1. the laws of papua new guinea 9. the laws the laws of papua new guinea consist ofthis constitution; and the organic laws; and the acts of the parliament; and emergency regulations; and the provincial laws; and laws made under or adopted by or under this constitution or any of those laws, including subordinate legislative enactments made under this constitution or any of those laws; and the underlying law, and none other. 10. construction of written laws all written laws (other than this constitution) shall be read and construed subject toin any case this constitution; and in the case of acts of the parliament any relevant organic laws; and in the case of adopted laws or subordinate legislative enactments the organic laws and the laws by or under which they were enacted or made, and so as not to exceed the authority to make them properly given, to the intent that where any such law would, but for this section, have been in excess of the authority so given it shall nevertheless be a valid law to the extent to which it is not in excess of that authority. division 2. constitutional laws subdivision a. supreme law 11. constitution, etc., as supreme law this constitution and the organic laws are the supreme law of papua new guinea, and, subject to section 10 (construction of written laws) all acts (whether legislative, executive or judicial) that are inconsistent with them are, to the extent of the inconsistency, invalid and ineffective. the provisions of this constitution and of the organic laws are self-executing to the fullest extent that their respective natures and subject-matters permit. 12. organic laws subject to subsection (4), for the purpose of this constitution, an organic law is a law made by the parliament that is– for or in the respect of a matter provision for which by way of an organic law is authorized by this constitution; and not inconsistent with this constitution; and expressed to be an organic law. an organic law may be altered only by another organic law, or by an alteration to this constitution. nothing in this section prevents an organic law frommaking any provision that might be made by an act of the parliament; or requiring any provision to be made by an act of the parliament that might otherwise be so made, but any such provision may be altered by the same majority that is required for any other act of the parliament. where this constitution authorizes an organic law to make provision for any matter, the organic law may– make full provision for all aspects of that matter notwithstanding that all such aspects have not been expressly referred to in the provision authorizing the organic law except where this constitution expressly limits the aspects of that matter for which provision may be made in an organic law; and may impose conditions, restrictions or modifications in respect of that matter or any aspect of it, except where this constitution expressly states that conditions, restrictions or modifications shall not be imposed in respect of that matter. subdivision b. constitutional alteration and organic laws 13. alterations of the constitution this constitution may be altered only by law made by the parliament thatis expressed to be a law to alter this constitution; and is made and certified in accordance with section 14 (making of alterations to the constitution and organic laws). 14. making of alterations to the constitution and organic laws subject to sections 12(3) (organic laws) and 15 (urgent alterations), a proposed law to alter this constitution, or a proposed organic law, must be supported on a division in accordance with the standing orders of the parliament by the prescribed majority of votes determined in accordance with section 17 ("prescribed majority of votes") expressed on at least two occasions after opportunity for debate on the merits. subject to section 15 (urgent alterations), the opportunities for debate referred to in subsection (1) must have beenduring different meetings of the parliament; and separated in time by at least two months, and the proposed law must be published by the speaker in full in the national gazette, and circulated, in accordance with the standing orders of the parliament, to all members of the parliament not less than one month before it is formally introduced into the parliament. amendments to a proposed law to amend this constitution or a proposed organic law shall not be moved unless they have been circulated to members of the parliament before the end of the meeting of the parliament at which the first opportunity for debate referred to in subsection (1) occurs. subject to subsection (6), in his certificate given under section 110 (certification as to making of laws), the speaker must certify that the requirements of subsections (1), (2) and (3) or section 15 (urgent alterations), as the case may be, have been complied with. the certificate referred to in subsection (4) shall statethe date on which each vote was taken; and in relation to each votethe number of seats in the parliament at the time; and the respective numbers of members of the parliament voting for and against the proposal, and where the requirements of subsection (2) were waived under section 15 (urgent alterations) for and against the motion for the waiver, and is, in the absence of proof to the contrary, conclusive evidence of the matter so stated. unless the parliament decides otherwise in any particular case, subsection (1) does not apply where the speaker, after consultation with the chief justice or a judge nominated by the chief justice for the purpose, certifies that the proposed lawdoes not affect the substance of any provision to be altered by it; or is designed to correct a self-evident error or omission; or is merely incidental to or consequential on some other alteration of this constitution or of any other law, and such a law may be made in the same way as acts of the parliament. the supreme court may, on the application of any person made within four weeks after the date of a certificate under subsection (6) or such further time as a judge, on application made within that period, considers reasonable in the particular circumstances, disallow the certificate, but otherwise the certificate is conclusive. 15. urgent alterations the provisions of this section cease to have effect at the first moment of the fourth anniversary of independence day. subject to subsection (5), the requirements of section 14(2) (making of alterations to the constitution and organic laws) may be waived, on the ground of urgency, by the parliament by a division in accordance with the standing orders of the parliament by a two-thirds absolute majority vote. the requirements of section 14(2) (making of alterations to the constitution and organic laws) shall not be waived under subsection (2) unlessat least four days notice of the intention in accordance with the standing orders of the parliament to invoke subsection (2) has been given; and the proposed law has been circulated, in accordance with the standing orders of the parliament, to all members of the parliament and published in full by the speaker in the national gazette at least four days before the motion to invoke subsection (2) is moved; and the opportunities for debate referred to in section 14(1) (making of alterations to the constitution and organic laws) have been separated in time by at least two weeks, but not necessarily during different meetings of the parliament. amendments to a proposed law to amend this constitution or a proposed organic law to which this section applies shall not be moved unless they have been circulated to members of the parliament before the end of the first debate on the matter. this section does not apply to proposed laws to alter the following provisions of this constitution, or organic laws made for the purposes of any such provision:this section; the preamble; division ii.2. (constitutional laws); division iii.1. (national goals and directive principles); division iii.2. (leadership code); division iii.3. (basic rights); division iii.5. (basic social obligations); part iv. (citizenship); division vi.2. (the national parliament); division vi.3. (special instances of the legislative powers); division vi.5. (the administration of justice); part via. (provincial government and local level government); division vii.2. (the public services commission); division vii.4. (special provisions in relation to the police force); division vii.5. (special provisions in relation to defence force); part viii. (supervision and control); part ix. (constitutional office-holders and constitutional institutions); part x. (emergency powers). 16. indirect alterations no constitutional law takes effect so as to affect the operation of any provision of such a law in force immediately before the commencement of the first-mentioned law unless it was made in the manner and form required for the alteration of that provision. for the avoidance of doubt, it is hereby declared that subsection (1) extends to schedule 1 (rules for shortening and interpretation of the constitutional laws) in its application to any provision of this constitution. 17. prescribed majority of votes" subject to this section, in relation to a proposed law to alter any provision of this constitution the prescribed majority of votes for the purposes of section 14 (making of alterations to the constitution and organic laws) is the majority of votes prescribed by this constitution in relation to that provision, or if no majority is prescribed a two-thirds absolute majority vote. for the purposes of subsection (1) the prescribed majority of votes for this subsection, sections 3, 6, 8, 20, 21, 23, 24, 26 to 31 (inclusive), 63, 68, 69, 73, 77 to 98 (inclusive), 101, 103, 104, 110, 117, 138, 139, 150, 156, 165, 167, 171, 184 to 187 (inclusive), 206, 248 to 252 (inclusive), 264 to 268 (inclusive), sch. 1.21, sch. 2.1 to sch. 2.14 (inclusive), schedules 3, 4 and 5 is an absolute majority. for the purposes of subsection (1) the prescribed majority of votes for this subsection, sections 35, 36, 50, 57, 105, 106, 109, 113, 125, 126, 155, 157, 160, 163, 217, 235, 239, 243, 244, 245 and 269 is a three-quarters absolute majority. subject to this section, for the purpose of a proposed law to add a new provision to this constitution the prescribed majority of votes is the same as the prescribed majority of votes that would be required to alter that provision if it was already enacted. subject to section 12(3) (organic laws), in relation to a proposed organic law the prescribed majority of votes isin the case of a proposed organic law to alter a provision of an organic law the same as the majority that would be required for the making of the provision proposed to be altered; and in any other casethe majority of votes (not being less than an absolute majority) prescribed by this constitution for the making of the organic law; and if no majority is prescribed, a two-thirds absolute majority. where, by virtue of the operation of the preceding provisions of this section, there are different prescribed majorities in relation to different provisions of a proposed law, the prescribed majority of votes in relation to the law as a whole is the greatest of those majorities. nothing in this section prevents different majorities being prescribed in respect of different aspects or subject-matters of a provision. no organic law may require a majority of votes for the alteration of a provision of an organic law greater than that by which the first-mentioned law was made. notwithstanding anything in this section, until 16 september 1980for the purpose of a proposed law to add a new provision to this constitution, the prescribed majority of votes is an absolute majority; and for the purpose of making an organic law for which there was provision in this constitution when adopted the prescribed majority of votes is an absolute majority. subdivision c. constitutional interpretation 18. original interpretative jurisdiction of the supreme court subject to this constitution, the supreme court has original jurisdiction, to the exclusion of other courts, as to any question relating to the interpretation or application of any provision of a constitutional law. subject to this constitution, where any question relating to the interpretation or application of any provision of a constitutional law arises in any court or tribunal, other than the supreme court, the court or tribunal shall, unless the question is trivial, vexatious or irrelevant, refer the matter to the supreme court, and take whatever other action (including the adjournment of proceedings) is appropriate. 19. special references to the supreme court subject to subsection (4), the supreme court shall, on application by an authority referred to in subsection (3), give its opinion on any question relating to the interpretation or application of any provision of a constitutional law, including (but without limiting the generality of that expression)any question as to the validity of a law or proposed law. an opinion given under subsection (1) has the same binding effect as any other decision of the supreme court. the following authorities only are entitled to make application under subsection (1):the parliament; and the head of state, acting with, and in accordance with, the advice of the national executive council; and the law officers of papua new guinea; and the law reform commission; and the ombudsman commission; and a provincial assembly or a local-level government; and a provincial executive; and a body established by a constitutional law or an act of the parliament specifically for the settlement of disputes between the national government and provincial governments or local-level governments, or between provincial governments, or between provincial governments and local-level governments, or local-level governments; and the speaker, in accordance with section 137(3) (acts of indemnity). subject to any act of the parliament, the rules of court of the supreme court may make provision in respect of matters relating to the jurisdiction of the supreme court under this section, and in particular as tothe form and contents of questions to be decided by the court; and the provision of counsel adequate to enable full argument before the court of any question; and cases and circumstances in which the court may decline to give an opinion. in this section, "proposed law" means a law that has been formally placed before the relevant law-making body. division 3. adoption, reception and development of certain laws 20. underlying law and pre-independence statutes an act of parliament shalldeclare the underlying law of papua new guinea; and provide for the development of the underlying law of papua new guinea. until such time as an act of parliament provides otherwisethe underlying law of papua new guinea shall be as prescribed in schedule 2 (adoption, etc., of certain laws); and the manner of development of the underlying law shall be as prescribed by schedule 2 (adoption, etc., of certain laws). certain pre-independence statutes are adopted and shall be adopted, as acts of parliament and subordinate enactments of papua new guinea, as prescribed by schedule 2 (adoption, etc., of certain laws). 21. purpose of schedule 2 the purpose of schedule 2 (adoption, etc., of certain laws) and of the act of the parliament referred to in section 20 (underlying law and pre-independence statutes) is to assist in the development of our indigenous jurisprudence, adapted to the changing circumstances of papua new guinea. for the purpose set out in subsection (1), a law reform commission shall be established in accordance with schedule 2 (adoption, etc., of certain laws), and certain special responsibilities are imposed by that schedule on the national judicial system (and in particular on the supreme court and the national court) and on the law reform commission. division 4. general 22. enforcement of the constitution the provisions of this constitution that recognize rights of individuals (including corporations and associations) as well as those that confer powers or impose duties on public authorities, shall not be left without effect because of the lack of supporting, machinery or procedural laws, but the lack shall, as far as practicable, be supplied by the national court in the light of the national goals and directive principles, and by way of analogy from other laws, general principles of justice and generally-accepted doctrine. 23. sanctions where any provision of a constitutional law prohibits or restricts an act, or imposes a duty, then unless a constitutional law or an act of the parliament provides for the enforcement of that provision the national court mayimpose a sentence of imprisonment for a period not exceeding 10 years or a fine not exceeding k10 000.00; or in the absence of any other equally effective remedy under the laws of papua new guinea, order the making of compensation by a person (including a governmental body) who is in default, or both, for a breach of the prohibition, restriction or duty, and may make such further order in the circumstances as it thinks proper. where a provision of a constitutional law prohibits or restricts an act or imposes a duty, the national court may, if it thinks it proper to do so, make any order that it thinks proper for preventing or remedying a breach of the prohibition, restriction or duty, and subsection (1) applies to a failure to comply with the order as if it were a breach of a provision of this constitution. where the national court considers it proper to do so, it may include in an order under subsection (2) an anticipatory order under subsection (1). 24. use of certain materials as aids to interpretation the official records of debates and of votes and proceedingsin the pre-independence house of assembly on the report of the constitutional planning committee; and in the constituent assembly on the draft of this constitution, together with that report and any other documents or papers tabled for the purposes of or in connection with those debates, may be used, so far as they are relevant, as aids to interpretation where any question relating to the interpretation or application of any provision of a constitutional law arises. an act of the parliament may make provision for the manner of proof of the records and documents referred to in subsection (1). in subsection (1), "the report of the constitutional planning committee" means the final report of the pre-independence constitutional planning committee dated 13 august 1974 and presented to the pre-independence house of assembly on 16 august 1974. part iii. basic principles of government division 1. national goals and directive principles 25. implementation of the national goals and directive principles except to the extent provided in subsections (3) and (4), the national goals and directive principles are non-justiciable. nevertheless, it is the duty of all governmental bodies to apply and give effect to them as far as lies within their respective powers. where any law, or any power conferred by any law (whether the power be of a legislative, judicial, executive, administrative or other kind), can reasonably be understood, applied, exercised or enforced, without failing to give effect to the intention of the parliament or to this constitution, in such a way as to give effect to the national goals and directive principles, or at least not to derogate them, it is to be understood, applied or exercised, and shall be enforced, in that way. subsection (1) does not apply to the jurisdiction of the ombudsman commission or of any other body prescribed for the purposes of division iii.2 (leadership code), which shall take the national goals and directive principles fully into account in all cases as appropriate. division 2. leadership code 26. application of division 2 the provisions of this division apply to and in relation tothe prime minister, the deputy prime minister and the other ministers; and the leader and deputy leader of the opposition; and all other members of the parliament; and members of provincial assemblies and local-level governments; and all constitutional office-holders within the meaning of section 221 (definitions); and all heads of departments of the national public service; and all heads of or members of the boards or other controlling bodies of statutory authorities; and the commissioner of police; and the commander of the defence force; and all ambassadors and other senior diplomatic and consular officials prescribed by an organic law or an act of the parliament; and the public trustee; and the personal staff of the governor-general, the ministers and the leader and deputy leader of the opposition; and executive officers of registered political parties as defined by section 128 ("registered political party"); and persons holding such public offices as are declared under subsection (3) to be offices to and in relation to which this division applies. this division applies to and in relation to a person referred to in subsection (1) not only in the office referred to in that subsection but also in any other office or position that he holds under any law by virtue of that office. an organic law or an act of the parliament may declare any public office (including an office in a provincial government or a local-level government body) to be an office to and in relation to which this division applies. in the event of doubt as to whether a person is a person to whom this division applies, the decision of the ombudsman commission is final. 27. responsibilities of office a person to whom this division applies has a duty to conduct himself in such a way, both in his public or official life and his private life, and in his association with other persons, as notto place himself in a position in which he has or could have a conflict of interests or might be compromised when discharging his public or official duties; or to demean his office or position; or to allow his public or official integrity, or his personal integrity, to be called into question; or to endanger or diminish respect for and confidence in the integrity of government in papua new guinea. in particular, a person to whom this division applies shall not use his office for personal gain or enter into any transaction or engage in any enterprise or activity that might be expected to give rise to doubt in the public mind as to whether he is carrying out or has carried out the duty imposed by subsection (1). it is the further duty of a person to whom this division appliesto ensure, as far as is within his lawful power, that his spouse and children and any other persons for whom he is responsible(whether morally, legally or by usage), including nominees, trustees and agents, do not conduct themselves in a way that might be expected to give rise to doubt in the public mind as to his complying with his duties under this section; and if necessary, to publicly disassociate himself from any activity or enterprise of any of his associates, or of a person referred to in paragraph (a), that might be expected to give rise to such a doubt; and particularly, a head of department who has control of the expenditure of public funds, shall ensure that himself or his officers, authorized to expend public fundsproperly expend public funds to implement national government policies and directives; or perform their respective legislative duties in relation to the expenditure of public funds; or implement the national government's budgetary allocation; or do not inappropriately apply or misuse public funds, the ombudsman commission or other authority prescribed for the purpose under section 28 (further provisions) may, subject to this division and to any organic law made for the purposes of this division give directions, either generally or in a particular case, to ensure the attainment of the objects of this section. notwithstanding subsection (4), powers conferred on the commission in this section, does not include the power to give directives that prevent the implementation of government's, including provincial and local-level government's policies, directives, powers and functions aimed at achieving the economic, social, cultural and infrastructural development of the country, including the implementation of the government's including provincial and local-level governments' annual budgetary allocation. a person to whom this division applies whois convicted of an offence in respect of his office or position or in relation to the performance of his functions or duties; or fails to comply with a direction under subsection (4) or otherwise fails to carry out the obligations imposed by subsections (1), (2) or (3), is guilty of misconduct in office. 28. further provisions for the purposes of this division, an organic lawmay give to the ombudsman commission or some other authority any powers that are necessary or convenient for attaining the objects of this division and of the organic law; and shall make provision for the disclosure to the ombudsman commission or some other authority of the personal and business incomes and financial affairs of persons to whom this division applies, and of their families and associates, and in particular of interests in contracts with governmental bodies and of directorships and similar offices held by them (including powers to nominate directors, trustees or agents, or similar officers); and shall empower the ombudsman commission or some other authority to require a person to whom this division applies to dispose of, or place under the control of the public trustee, any assets or income where this seems to be desirable for attaining the objects of this division; and may prescribe specific acts that constitute misconduct in office; and may create offences (including offences by persons to whom this division applies and offences by other persons); and shall provide for the investigation by the ombudsman commission or some other authority of cases of alleged or suspected misconduct in office, and confer on the commission or authority any powers that are necessary or convenient for that purpose; and shall establish independent tribunals thatshall investigate and determine any cases of alleged or suspected misconduct in office referred to them in accordance with the organic law; and are required subject to subsection (1a), to recommend to the appropriate authority that a person found guilty of misconduct in office be dismissed from office or position; and may make any other provision that is necessary or convenient for attaining the objects of this division. an organic law may provide that where the independent tribunal referred to in subsection (1)(g) finds thatthere was no serious culpability on the part of a person found guilty of misconduct in office; and public policy and the public good do not require dismissal, it may recommend to the appropriate authority that some other penalty provided for by law be imposed or make such a directive that is necessary or convenient for attaining the objects of this division, to that person. where an independent tribunal referred to in subsection (1)(g) makes a recommendation to the appropriate authority in accordance with that paragraph or with subsection (1a), the appropriate authority shall act in accordance with the recommendation. for the purposes of subsections (1)(g), (1a) and (2), "the appropriate authority"in relation toa person holding an office referred to in section 26(1)(a), (b), (c) or (d) (application of division 2); and a person holding an elective office that is declared under section 26(3) to be an office to and in relation to which this division applies, means the head of state; and in relation to a person holding any other office to which this division applies means the appropriate appointing authority. an organic law may provide for the suspension from office of a person to whom this division applies pending the investigation of any case of alleged or suspected misconduct in office by him. proceedings under subsection (1)(g) are not judicial proceedings but are subject to the principles of natural justice, and an organic law may providefor such proceedings for the purposes of this division to be a bar to a proceeding under another law; or for a proceeding under a law to be a bar to a proceeding for the purposes of this division. 29. prosecution of misconduct in office where the ombudsman commission or other authority referred to in section 28(1)(f) (further provisions) is of the opinion that there is evidence of misconduct in office by a person to whom this division applies, it may refer the matter to the public prosecutor for prosecution before a tribunal established under section 28(1)(g) (further provisions). if the public prosecutor fails to prosecute the matter within a reasonable period, the commission may prosecute it in his stead. notwithstanding subsection (1), if the ombudsman commission or other authority referred to in section 28(f) (further provisions) is of the opinion thatthere is no serious culpability on the part of the person alleged to have been guilty of misconduct in office and public policy and public good do not require dismissal; or the evidence of misconduct in office by a person to whom this division applies, is trivial or in the nature of a minor offence and the objects of this division can be achieved without prosecution, it may give such a directive that is necessary or convenient for attaining the objects of this division, to that person. 30. other authority where another authority is prescribed under section 28 (further provisions) that authorityshall be composed of a person or persons who are declared under section 22(1) (definitions) to be a constitutional office-holder; and is not subject to direction or control by any person or authority. 31. disqualifications on dismissal a person who has been dismissed from office under this division for misconduct in office is not eligibleto election to any elective public office; or for appointment as head of state or as a nominated member of the parliament; or for appointment to a provincial legislature or provincial executive (including the office of head of a provincial executive), or to a local-level government body, for a period of three years after the date of his dismissal. in the event of doubt as to whether an office or position is an office or position to which subsection (1)(a), (b) or (c) applies, the decision of the ombudsman commission is final. division 3. basic rights subdivision a. introductory 32. right to freedom freedom based on law consists in the least amount of restriction on the activities of individuals that is consistent with the maintenance and development of papua new guinea and of society in accordance with this constitution and, in particular, with the national goals and directive principles and the basic social obligations. every person has the right to freedom based on law, and accordingly has a legal right to do any thing thatdoes not injure or interfere with the rights and freedoms of others; and is not prohibited by law, and no personis obliged to do anything that is not required by law; and may be prevented from doing anything that complies with the provisions of paragraphs (a) and (b). this section is not intended to reflect on the extra-legal existence, nature or effect of social, civic, family or religious obligations, or other obligations of an extra-legal nature, or to prevent such obligations being given effect to by law. 33. other rights and freedoms, etc nothing in this division derogates the rights and freedoms of the individual under any other law and, in particular, an organic law or an act of the parliament may provide further guarantees of rights and freedoms and may further restrict the limitations that may be placed on, or on the exercise of, any right or freedom (including the limitations that may be imposed under section 38 (general qualifications on qualified rights)). 34. application of division 3 subject to this constitution, each provision of this division applies, as far as may beas between individuals as well as between governmental bodies and individuals; and to and in relation to corporations and associations (other than governmental bodies) in the same way as it applies to and in relation to individuals, except where, or to the extent that, the contrary intention appears in this constitution. subdivision b. fundamental rights 35. right to life no person shall be deprived of his life intentionally exceptin execution of a sentence of a court following his conviction of an offence for which the penalty of death is prescribed by law; or as the result of the use of force to such an extent as is reasonable in the circumstances of the case and is permitted by any other lawfor the defence of any person from violence; or in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; or for the purpose of suppressing a riot, an insurrection or a mutiny; or in order to prevent him from committing an offence; or for the purpose of suppressing piracy or terrorism or similar acts; or as the result of a lawful act of war. nothing in subsection (1)(b) relieves any person from any liability at law in respect of the killing of another. 36. freedom from inhuman treatment no person shall be submitted to torture (whether physical or mental), or to treatment or punishment that is cruel or otherwise inhuman, or is inconsistent with respect for the inherent dignity of the human person. the killing of a person in circumstances in which section 35(1)(a) (right to life) does not, of itself, contravene subsection (1), although the manner or the circumstances of the killing may contravene it. 37. protection of the law every person has the right to the full protection of the law, and the succeeding provisions of this section are intended to ensure that that right is fully available, especially to persons in custody or charged with offences. except, subject to any act of the parliament to the contrary, in the case of the offence commonly known as contempt of court, nobody may be convicted of an offence that is not defined by, and the penalty for which is not prescribed by, a written law. a person charged with an offence shall, unless the charge is withdrawn, be afforded a fair hearing within a reasonable time, by an independent and impartial court. a person charged with an offenceshall be presumed innocent until proved guilty according to law, but a law may place upon a person charged with an offence the burden of proving particular facts which are, or would be, peculiarly within his knowledge; and shall be informed promptly in a language which he understands, and in detail, of the nature of the offence with which he is charged; and shall be given adequate time and facilities for the preparation of his defence; and shall be permitted to have without payment the assistance of an interpreter if he cannot understand or speak the language used at the trial of the charge; and shall be permitted to defend himself before the court in person or, at his own expense, by a legal representative of his own choice, or if he is a person entitled to legal aid, by the public solicitor or another legal representative assigned to him in accordance with law; and shall be afforded facilities to examine in person or by his legal representative the witnesses called before the court by the prosecution, and to obtain the attendance and carry out the examination of witnesses and to testify before the court on his own behalf, on the same conditions as those applying to witnesses called by the prosecution. except with his own consent, the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court orders him to be removed and the trial to proceed in his absence, but provision may be made by law for a charge that a person has committed an offence the maximum penalty for which does not include imprisonment, (except in default of payment of a fine), to be heard summarily in his absence if it is established that he has been duly served with a summons in respect of the alleged offence. nothing in subsection (4)(f) invalidates a law which imposes reasonable conditions that must be satisfied if witnesses called to testify on behalf of a person charged with an offence are to be paid their expenses out of public funds. no person shall be convicted of an offence on account of any act that did not, at the time when it took place, constitute an offence, and no penalty shall be imposed for an offence that is more severe in degree or description than the maximum penalty that might have been imposed for the offence at the time when it was committed. no person who shows that he has been tried by a competent court for an offence and has been convicted or acquitted shall again be tried for that offence or for any other offence of which he could have been convicted at the trial for that offence, except upon the order of a superior court made in the course of appeal or review proceedings relating to the conviction or acquittal. no person shall be tried for an offence for which he has been pardoned. no person shall be compelled in the trial of an offence to be a witness against himself. a determination of the existence or extent of a civil right or obligation shall not be made except by an independent and impartial court or other authority prescribed by law or agreed upon by the parties, and proceedings for such a determination shall be fairly heard within a reasonable time. except with the agreement of the parties, or by order of the court in the interests of national security, proceedings in any jurisdiction of a court and proceedings for the determination of the existence or extent of any civil right or obligation before any other authority, including the announcement of the decision of the court or other authority, shall be held in public. nothing in subsection (12) prevents a court or other authority from excluding from the hearing of the proceedings before it persons, other than the parties and their legal representatives, to such an extent as the court or other authorityis by law empowered to do and considers necessary or expedient in the interests of public welfare or in circumstances where publicity would prejudice the interests of justice, the welfare of persons under voting age or the protection of the private lives of persons concerned in the proceedings; or is by law empowered or required to do in the interests of defence, public safety or public order. in the event that the trial of a person is not commenced within four months of the date on which he was committed for trial, a detailed report concerning the case shall be made by the chief justice to the minister responsible for the national legal administration. every person convicted of an offence is entitled to have his conviction and sentence reviewed by a higher court or tribunal according to law. no person shall be deprived by law of a right of appeal against his conviction or sentence by any court that existed at the time of the conviction or sentence, as the case may be. all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. accused persons shall be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons. persons under voting age who are in custody in connection with an offence or alleged offence shall be separated from other persons in custody and be accorded treatment appropriate to their age. an offender shall not be transferred to an area away from that in which his relatives reside except for reasons of security or other good cause and, if such a transfer is made, the reason for so doing shall be endorsed on the file of the offender. nothing in this sectionderogates division iii.4 (principles of natural justice); or affects the powers and procedures of village courts. notwithstanding subsection 21(b) the powers and procedures of village courts shall be exercised in accordance with the principles of natural justice. subdivision c. qualified rights general 38. general qualifications on qualified rights for the purposes of this subdivision, a law that complies with the requirements of this section is a law that is made and certified in accordance with subsection (2), and thatregulates or restricts the exercise of a right or freedom referred to in this subdivision to the extent that the regulation or restriction is necessarytaking account of the national goals and directive principles and the basic social obligations, for the purpose of giving effect to the public interest indefence; or public safety; or public order; or public welfare; or public health (including animal and plant health); or the protection of children and persons under disability (whether legal or practical); or the development of under-privileged or less advanced groups or areas; or in order to protect the exercise of the rights and freedoms of others; or makes reasonable provision for cases where the exercise of one such right may conflict with the exercise of another, to the extent that the law is reasonably justifiable in a democratic society having a proper respect for the rights and dignity of mankind. for the purposes of subsection (1), a law mustbe expressed to be a law that is made for that purpose; and specify the right or freedom that it regulates or restricts; and be made, and certified by the speaker in his certificate under section 110 (certification as to making of laws) to have been made, by an absolute majority. the burden of showing that a law is a law that complies with the requirements of subsection (1) is on the party relying on its validity. 39. reasonably justifiable in a democratic society", etc the question, whether a law or act is reasonably justifiable in a democratic society having a proper regard for the rights and dignity of mankind, is to be determined in the light of the circumstances obtaining at the time when the decision on the question is made. a law shall not be declared not to be reasonably justifiable in a society having a proper regard for the rights and dignity of mankind except by the supreme court or the national court, or any other court prescribed for the purpose by or under an act of the parliament, and unless the court is satisfied that the law was never so justifiable such a declaration operates as a repeal of the law as at the date of the declaration. for the purposes of determining whether or not any law, matter or thing is reasonably justified in a democratic society that has a proper regard for the rights and dignity of mankind, a court may have regard tothe provisions of this constitution generally, and especially the national goals and directive principles and the basic social obligations; and the charter of the united nations; and the universal declaration of human rights and any other declaration, recommendation or decision of the general assembly of the united nations concerning human rights and fundamental freedoms; and the european convention for the protection of human rights and fundamental freedoms and the protocols thereto, and any other international conventions, agreements or declarations concerning human rights and fundamental freedoms; and judgements, reports and opinions of the international court of justice, the european commission of human rights, the european court of human rights and other international courts and tribunals dealing with human rights and fundamental freedoms; and previous laws, practices and judicial decisions and opinions in the country; and laws, practices and judicial decisions and opinions in other countries; and the final report of the pre-independence constitutional planning committee dated 13 august 1974 and presented to the pre-independence house of assembly on 16 august 1974, as affected by decisions of that house on the report and by decisions of the constituent assembly on the draft of this constitution; and declarations by the international commission of jurists and other similar organizations; and any other material that the court considers relevant. 40. validity of emergency laws nothing in this part invalidates an emergency law as defined in part x (emergency powers), but nevertheless so far as is consistent with their purposes and terms all such laws shall be interpreted and applied so as not to affect or derogate a right or freedom referred to in this division to an extent that is more than is reasonably necessary to deal with the emergency concerned and matters arising out of it, but only so far as is reasonably justifiable in a democratic society having a proper regard for the rights and dignity of mankind. 41. proscribed acts notwithstanding anything to the contrary in any other provision of any law, any act that is done under a valid law but in the particular caseis harsh or oppressive; or is not warranted by, or is disproportionate to, the requirements of the particular circumstances or of the particular case; or is otherwise not, in the particular circumstances, reasonably justifiable in a democratic society having a proper regard for the rights and dignity of mankind, is an unlawful act. the burden of showing that subsection (1)(a), (b) or (c) applies in respect of an act is on the party alleging it, and may be discharged on the balance of probabilities. nothing in this section affects the operation of any other law under which an act may be held to be unlawful or invalid. rights of all persons 42. liberty of the person no person shall be deprived of his personal liberty exceptin consequence of his unfitness to plead to a criminal charge; or in the execution of the sentence or order of a court in respect of an offence of which he has been found guilty, or in the execution of the order of a court of record punishing him for contempt of itself or another court or tribunal; or by reason of his failure to comply with the order of a court made to secure the fulfilment of an obligation (other than a contractual obligation) imposed upon him by law; or upon reasonable suspicion of his having committed, or being about to commit, an offence; or for the purpose of bringing him before a court in execution of the order of a court; or for the purpose of preventing the introduction or spread of a disease or suspected disease, whether of humans, animals or plants, or for normal purposes of quarantine; or for the purpose of preventing the unlawful entry of a person into papua new guinea, or for the purpose of effecting the expulsion, extradition or other lawful removal of a person from papua new guinea, or the taking of proceedings for any of these purposes; or for the purposes of holding a foreign national under arrangements made by papua new guinea with another country or with an international organisation that the minister responsible for immigration matters, in his absolute discretion, approves; or* *[this section was ruled invalid and therefore of no force or effect by the supreme court — sca. no. 84 of 2013] in the case of a person who is, or is reasonably suspected of being of unsound mind, or addicted to drugs or alcohol, or a vagrant, for the purposes ofhis care or treatment or the protection of the community, under an order of a court; or taking prompt legal proceedings to obtain an order of a court of a type referred to in subparagraph (i); and in the case of a person who has not attained the age of 18 years, for the purpose of his education or welfare under the order of a court or with the consent of his guardian. a person who is arrested or detainedshall be informed promptly, in a language that he understands, of the reasons for his arrest or detention and of any charge against him; and shall be permitted whenever practicable to communicate without delay and in private with a member of his family or a personal friend, and with a lawyer of his choice (including the public solicitor if he is entitled to legal aid); or shall be given adequate opportunity to give instructions to a lawyer of his choice in the place in which he is detained, and shall be informed immediately on his arrest or detention of his rights under this subsection. a person who is arrested or detainedfor the purpose of being brought before a court in the execution of an order of a court; or upon reasonable suspicion of his having committed, or being about to commit, an offence, shall, unless he is released, be brought without delay before a court or a judicial officer and, in a case referred to in paragraph (b), shall not be further held in custody in connection with the offence except by order of a court or judicial officer. the necessity or desirability of interrogating the person concerned or other persons, or any administrative requirement or convenience, is not a good ground for failing to comply with subsection (3), but exigencies of travel which in the circumstances are reasonable may, without derogating any other protection available to the person concerned, be such a ground. where complaint is made to the national court or a judge that a person is unlawfully or unreasonably detainedthe national court or a judge shall inquire into the complaint and order the person concerned to be brought before it or him; and unless the court or judge is satisfied that the detention is lawful, and in the case of a person being detained on remand pending his trial does not constitute an unreasonable detention having regard, in particular, to its length, the court or a judge shall order his release either unconditionally or subject to such conditions as the court or judge thinks fit. a person arrested or detained for an offence (other than treason or wilful murder as defined by an act of the parliament) is entitled to bail at all times from arrest or detention to acquittal or conviction unless the interests of justice otherwise require. where a person to whom subsection (6) applies is refused bailthe court or person refusing bail shall, on request by the person concerned or his representative, state in writing the reason for the refusal; and the person or his representative may apply to the supreme court or the national court in a summary manner for his release. subject to any other law, nothing in this section applies in respect of any reasonable act of the parent or guardian of a child, or a person into whose care a child has been committed, in the course of the education, discipline or upbringing of the child. subject to any constitutional law or act of the parliament, nothing in this section applies in respect of a person who is in custody under the law of another countrywhile in transit through the country; or as permitted by or under an act of the parliament made for the purposes of section 206 (visiting forces). 43. freedom from forced labour no person shall be required to perform forced labour. in subsection (1), "forced labour" does not includelabour required by the sentence or order of a court; or labour required of a person while in lawful custody, being labour that, although not required by the sentence or order of a court, is necessary for the hygiene of, or for the maintenance of, the place in which he is in custody; or in the case of a person in custody for the purpose of his care, treatment, rehabilitation or welfare, labour reasonably required for that purpose; or labour required of a member of a disciplined force in pursuance of his duties as such a member; or subject to the approval of any local government body for the area in which he is required to work, labour reasonably required as part of reasonable and normal communal or other civic duties; or labour of a reasonable amount and kind (including in the case of compulsory military service, labour required as an alternative to such service in the case of a person who has conscientious objections to military service) that is required in the national interest by an organic law that complies with section 38 (general qualifications on qualified rights). 44. freedom from arbitrary search and entry no person shall be subjected to the search of his person or property or to entry of his premises, except to the extent that the exercise of that right is regulated or restricted by a lawthat makes reasonable provision for a search or entryunder an order made by a court; or under a warrant for a search issued by a court or judicial officer on reasonable grounds, supported by oath or affirmation, particularly describing the purpose of the search; or that authorizes a public officer or government agent of papua new guinea or an officer of a body corporate established by law for a public purpose to enter, where necessary, on the premises of a person in order to inspect those premises or anything in or on them in relation to any rate or tax or in order to carry out work connected with any property that is lawfully in or on those premises and belongs to the government or any such body corporate; or that authorizes the inspection of goods, premises, vehicles, ships or aircraft to ensure compliance with lawful requirements as to the entry of persons or importation of goods into papua new guinea or departure of persons or exportation of goods from papua new guinea or as to standards of safe construction, public safety, public health, permitted use or similar matters, or to secure compliance with the terms of a licence to engage in manufacture or trade; or for the purpose of inspecting or taking copies of documents relating tothe conduct of a business, trade, profession or industry in accordance with a law regulating the conduct of that business, trade, profession or industry; or the affairs of a company in accordance with a law relating to companies; or for the purpose of inspecting goods or inspecting or taking copies of documents, in connection with the collection, or the enforcement of payment of taxes or under a law prohibiting or restricting the importation of goods into papua new guinea or the exportation of goods from papua new guinea; or that complies with section 38 (general qualifications on qualified rights). 45. freedom of conscience, thought and religion every person has the right to freedom of conscience, thought and religion and the practice of his religion and beliefs, including freedom to manifest and propagate his religion and beliefs in such a way as not to interfere with the freedom of others, except to the extent that the exercise of that right is regulated or restricted by a law that complies with section 38 (general qualifications on qualified rights). no person shall be compelled to receive religious instruction or to take part in a religious ceremony or observance, but this does not apply to the giving of religious instruction to a child with the consent of his parent or guardian or to the inclusion in a course of study of secular instruction concerning any religion or belief. no person is entitled to intervene unsolicited into the religious affairs of a person of a different belief, or to attempt to force his or any religion (or irreligion) on another, by harassment or otherwise. no person may be compelled to take an oath that is contrary to his religion or belief, or to take an oath in a manner or form that is contrary to his religion or belief. a reference in this section to religion includes a reference to the traditional religious beliefs and customs of the peoples of papua new guinea. 46. freedom of expression every person has the right to freedom of expression and publication, except to the extent that the exercise of that right is regulated or restricted by a lawthat imposes reasonable restrictions on public office-holders; or that imposes restrictions on non-citizens; or that complies with section 38 (general qualifications on qualified rights). in subsection (1), "freedom of expression and publication" includesfreedom to hold opinions, to receive ideas and information and to communicate ideas and information, whether to the public generally or to a person or class of persons; and freedom of the press and other mass communications media. notwithstanding anything in this section, an act of the parliament may make reasonable provision for securing reasonable access to mass communications media for interested persons and associationsfor the communication of ideas and information; and to allow rebuttal of false or misleading statements concerning their acts, ideas or beliefs, and generally for enabling and encouraging freedom of expression. 47. freedom of assembly and association every person has the right peacefully to assemble and associate and to form or belong to, or not to belong to, political parties, industrial organizations or other associations, except to the extent that the exercise of that right is regulated or restricted by a lawthat makes reasonable provision in respect of the registration of all or any associations; or that imposes restrictions on non-citizens; or that complies with section 38 (general qualifications on qualified rights). 48. freedom of employment every person has the right to freedom of choice of employment in any calling for which he has the qualifications (if any) lawfully required, except to the extent that that freedom is regulated or restricted voluntarily or by a law that complies with section 38 (general qualifications on qualified rights), or a law that imposes restrictions on non-citizens. subsection (1) does not prohibit reasonable action or provision for the encouragement of persons to join industrial organizations or for requiring membership of an industrial organization for any purpose. 49. right to privacy every person has a right to reasonable privacy in respect of his private and family life, his communications with other persons and his personal papers and effects, except to the extent that the exercise of that right is regulated or restricted by law that complies with section 38 (general qualifications on qualified rights). subsection (1) does not prevent any law from authorising the capture, storage and use of personal information including finger or palm print and iris image to identify a person in order for the person to obtain a passport, visa or to exercise their right to vote at elections. special rights of citizens 50. right to vote and stand for public office subject to the express limitations imposed by this constitution, every citizen who is of full capacity and has reached voting age, other than a person whois under sentence of death or imprisonment for a period of more than nine months; or has been convicted, within the period of three years next proceeding the first day of the polling period for the election concerned, of an offence relating to elections that is prescribed by an organic law or an act of the parliament for the purposes of this paragraph; or has dual citizenship of another country, has the right, and shall be given a reasonable opportunityto take part in the conduct of public affairs, either directly or through freely chosen representatives; and to vote for, and to be elected to, elective public office at genuine, periodic, free elections; and to hold public office and to exercise public functions. the exercise of those rights may be regulated by a law that is reasonably justifiable for the purpose in a democratic society that has a proper regard for the rights and dignity of mankind. 51. right to freedom of information every citizen other than a citizen who has dual citizenship has the right of reasonable access to official documents, subject only to the need for such secrecy as is reasonably justifiable in a democratic society in respect ofmatters relating to national security, defence or international relations of papua new guinea (including papua new guinea's relations with the government of any other country or with any international organization); or records of meetings and decisions of the national executive council and of such executive bodies and elected governmental authorities as are prescribed by organic law or act of the parliament; or trade secrets, and privileged or confidential commercial or financial information obtained from a person or body; or parliamentary papers the subject of parliamentary privilege; or reports, official registers and memoranda prepared by governmental authorities or authorities established by government, prior to completion; or papers relating to lawful official activities for investigation and prosecution of crime; or the prevention, investigation and prosecution of crime; or the maintenance of personal privacy and security of the person; or matters contained in or related to reports prepared by, on behalf of or for the use of a governmental authority responsible for the regulation or supervision of financial institutions; or geological or geographical information and data concerning wells and ore bodies. a law that complies with section 38 (general qualifications on qualified rights) may regulate or restrict the right guaranteed by this section. provision shall be made by law to establish procedures by which citizens may obtain ready access to official information. this section does not authorizewithholding information or limiting the availability of records to the public except in accordance with its provisions; or withholding information from the parliament. 52. right to freedom of movement subject to subsection (3), no citizen may be deprived of the right to move freely throughout the country, to reside in any part of the country and to enter and leave the country, except in consequence of a law that provides for deprivation of personal liberty in accordance with section 42 (liberty of the person). no citizen shall be expelled or deported from the country except by virtue of an order of a court made under a law in respect of the extradition of offenders, or alleged offenders, against the law of some other place. a law that complies with section 38 (general qualifications on qualified rights) may regulate or restrict the exercise of the right referred to in subsection (1), and in particular may regulate or restrict the freedom of movement of persons convicted of offences and of members of a disciplined force. 53. protection from unjust deprivation of property subject to section 54 (special provision in relation to certain lands) and except as permitted by this section, possession may not be compulsorily taken of any property, and no interest in or right over property may be compulsorily acquired, except in accordance with an organic law or an act of the parliament, and unlessthe property is required fora public purpose; or a reason that is reasonably justified in a democratic society that has a proper regard for the rights and dignity of mankind, that is so declared and so described, for the purposes of this section, in an organic law or an act of the parliament; and the necessity for the taking of possession or acquisition for the attainment of that purpose or for that reason is such as to afford reasonable justification for the causing of any resultant hardship to any person affected. subject to this section, just compensation must be made on just terms by the expropriating authority, giving full weight to the national goals and directive principles and having due regard to the national interest and to the expression of that interest by the parliament, as well as to the person affected. for the purposes of subsection (2), compensation shall not be deemed not to be just and on just terms solely by reason of a fair provision for deferred payment, payment by installments or compensation otherwise than in cash. in this section, a reference to the taking of possession of property, or the acquisition of an interest in or right over property, includes a reference tothe forfeiture; or the extinction or determination (otherwise than by way of a reasonable provision for the limitation of actions or a reasonable law in the nature of prescription or adverse possession), of any right or interest in property. nothing in the preceding provisions of this section preventsthe taking of possession of property, or the acquisition of an interest in or right over property, that is authorized by any other provision of this constitution; or any taking of possession or acquisitionin consequence of an offence or attempted offence against, or a breach or attempted breach of, or other failure to comply with a law; or in satisfaction of a debt or civil obligation; or subject to subsection (6), where the property is or may be required as evidence in proceedings or possible proceedings before a court or tribunal, in accordance with a law that is reasonably justifiable in a democratic society that has a proper regard for the rights and dignity of mankind; or any taking of possession or acquisition that was an incident of the grant or acceptance of, or of any interest in or right over, that property or any other property by the holder or any of his predecessors in title; or any taking of possession or acquisition that is in accordance with custom; or any taking of possession or acquisition of ownerless or abandoned property (other than customary land); or any restriction on the use of or on dealing with property or any interest in or right over any property that is reasonably necessary for the preservation of the environment or of the national cultural inheritance. subsection (5)(b)(iii) does not authorize the retention of any property after the end of the period for which its retention is reasonably required for the purpose referred to in that paragraph. nothing in the proceeding provisions of that section applies to or in relation to the property of any person who is not a citizen and the power to compulsorily take possession of, or to acquire an interest in, or right over, the property of any such person shall be as provided for by an act of the parliament. 54. special provision in relation to certain lands nothing in section 37 (protection of the law) or 53 (protection from unjust deprivation of property) invalidates a law that is reasonably justifiable in a democratic society that has a proper regard for human rights and that providesfor the recognition of the claimed title of papua new guinea to land wherethere is a genuine dispute as to whether the land was acquired validly or at all from the customary owners before independence day; and if the land were acquired compulsorily the acquisition would comply with section 53(1) (protection from unjust deprivation of property); or for the settlement by extra-judicial means of disputes as to the ownership of customary land that appear not to be capable of being reasonably settled in practice by judicial means; or for the prohibition or regulation of the holding of certain interests in, or in relation to, some or all land by non-citizens. 55. equality of citizens subject to this constitution, all citizens have the same rights, privileges, obligations and duties irrespective of race, tribe, place of origin, political opinion, colour, creed, religion or sex. subsection (1) does not prevent the making of laws for the special benefit, welfare, protection or advancement of females, children and young persons, members of under-privileged or less advanced groups or residents of less advanced areas. subsection (1) does not affect the operation of a pre-independence law. 56. other rights and privileges of citizens only citizens other than citizens who have dual citizenship mayvote in elections for, or hold, elective public offices; or acquire freehold land. an act of the parliament maydefine the offices that are to be regarded as elective public offices; and define the forms of ownership that are to be regarded as freehold; and define the corporations that are to be regarded as citizens, for the purposes of subsection (1). an act of the parliament may make further provision for rights and privileges to be reserved for citizens other than citizens who have dual citizenship. subdivision d. enforcement 57. enforcement of guaranteed rights and freedoms a right or freedom referred to in this division shall be protected by, and is enforceable in, the supreme court or the national court or any other court prescribed for the purpose by an act of the parliament, either on its own initiative or on application by any person who has an interest in its protection and enforcement, or in the case of a person who is, in the opinion of the court, unable fully and freely to exercise his rights under this section by a person acting on his behalf, whether or not by his authority. for the purposes of this sectionthe law officers of papua new guinea; and any other persons prescribed for the purpose by an act of the parliament; and any other persons with an interest (whether personal or not) in the maintenance of the principles commonly known as the rule of law such that, in the opinion of the court concerned, they ought to be allowed to appear and be heard on the matter in question, have an interest in the protection and enforcement of the rights and freedoms referred to in this division, but this subsection does not limit the persons or classes of persons who have such an interest. a court that has jurisdiction under subsection (1) may make all such orders and declarations as are necessary or appropriate for the purposes of this section, and may make an order or declaration in relation to a statute at any time after it is made (whether or not it is in force). any court, tribunal or authority may, on its own initiative or at the request of a person referred to in subsection (1), adjourn, or otherwise delay a decision in, any proceedings before it in order to allow a question concerning the effect or application of this division to be determined in accordance with subsection (1). relief under this section is not limited to cases of actual or imminent infringement of the guaranteed rights and freedoms, but may, if the court thinks it proper to do so, be given in cases in which there is a reasonable probability of infringement, or in which an action that a person reasonably desires to take is inhibited by the likelihood of, or a reasonable fear of, an infringement. the jurisdiction and powers of the courts under this section are in addition to, and not in derogation of, their jurisdiction and powers under any provision of this constitution. 58. compensation this section is in addition to, and not in derogation of, section 57 (enforcement of guaranteed rights and freedoms). a person whose rights or freedoms declared or protected by this division are infringed (including any infringement caused by a derogation of the restrictions specified in part x.5 (internment)) on the use of emergency powers in relation to internment is entitled to reasonable damages and, if the court thinks it proper, exemplary damages in respect of the infringement. subject to subsections (4) and (5), damages may be a awarded against any person who committed, or was responsible for, the infringement. where the infringement was committed by a governmental body, damages may be awarded eithersubject to subsection (5), against a person referred to in subsection (3); or against the governmental body to which any such person was responsible, or against both, in which last case the court may apportion the damages between them. damages shall not be awarded against a person who was responsible to a governmental body in respect of the action giving rise to the infringement ifthe action was an action made unlawful only by section 41(1) (proscribed acts); and the action taken was genuinely believed by that person to be required by law, but the burden of proof of the belief referred to in paragraph (b) is on the party alleging it. division 4. principles of natural justice 59. principles of natural justice subject to this constitution and to any statute, the principles of natural justice are the rules of the underlying law known by that name developed for control of judicial and administrative proceedings. the minimum requirement of natural justice is the duty to act fairly and, in principle, to be seen to act fairly. 60. development of principles in the development of the rules of the underlying law in accordance with sch. 2 (adoption, etc., of certain laws) particular attention shall be given to the development of a system of principles of natural justice and of administrative law specifically designed for papua new guinea, taking special account of the national goals and directive principles and of the basic social obligations, and also of typically papua new guinean procedures and forms of organization. 61. basic rights and freedoms for the avoidance of doubt, it is hereby declared that nothing in the preceding provisions of this division derogates any of the rights and freedoms provided for by division 3 (basic rights). 62. decisions in "deliberate judgement" where a law provides or allows for an act to be done in the "deliberate judgement" of a person, body or authority, the principles of natural justice apply only to the extent that the exercise of judgement must not be biased, arbitrary or capricious. exceptto the extent provided for by subsection (1); and in accordance with section 155(5) (the national judicial system); and as provided by a constitutional law or an act of the parliament, an act to which subsection (1) applies is, to the extent to which it is done in the deliberate judgement of the person concerned, non-justiciable. division 5. basic social obligations 63. enforcement of the basic social obligations except to the extent provided in subsections (3) and (4), the basic social obligations are non-justiciable. nevertheless, it is the duty of all governmental bodies to encourage compliance with them as far as lies within their respective powers. where any law, or any power conferred or duty imposed by any law (whether the power or duty be of a legislative, judicial, executive, administrative or other kind), can reasonably be understood, applied, exercised, complied with or enforced, without failing to give effect to the intention of the parliament or to this constitution, in such a way as to enforce or encourage compliance with the basic social obligations, or at least not to derogate them, it is to be understood, applied, exercised, complied with or enforced in that way. subsection (1) does not apply in the exercise of the jurisdiction of the ombudsman commission or other body prescribed for the purposes of division iii.2 (leadership code), which shall take the basic social obligations fully into account in all cases as appropriate. part iv. citizenship division 1. introductory 64. dual citizenship except as provided by this section, no person who has a real foreign citizenship shall be or become a citizen. a citizen may apply to the minister responsible for citizenship matters to hold citizenship of a prescribed country whilst holding papua new guinean citizenship, and the minister may, if he is satisfied as to the matters referred to in subsection (4), in his deliberative judgment (but subject to division 4 (citizenship advisory committee)), grant or refuse the application. a citizen of a prescribed country who would otherwise be qualified to be a citizen under sections 65, 66 or 67, of the constitution may apply to the minister responsible for citizenship matters to be a citizen, and the minister may, if he is satisfied as to the matters referred to in subsection (6), in his deliberate judgment (but subject to division 4 (citizenship advisory committee)), grant or refuse the application. to be eligible to hold citizenship of a prescribed country whilst holding papua new guinean citizenship under subsection (2)the citizen must demonstrate that a prescribed country will grant him citizenship; and the reasons why he wants to be a citizen of a prescribed country. to be eligible to be a citizen under subsection (3)a person must be qualified to be a citizenunder section 65 (automatic citizenship); or under section 66 (citizenship by descent); or under section 67 (citizenship by naturalization); and the person must specify the reasons why he wants to be a citizen of papua new guinea while still holding the citizenship of the prescribed country. an act of parliament may make provisions on matters that the minister should, or should not take into account under subsections (2), (3), (4) and (5). constitutional regulations shall prescribe the countries to which persons will be permitted to hold citizenship under this section. the minister responsible for citizenship matters may, in his deliberate judgment, (but subject to division 4 (citizenship advisory committee), recall and cancel an approval given under subsection (4) or (5) if, at any time after granting of approval, circumstances existwhich were not known at the time; or which are new as a result of change occurring since approval was given, that if these were known or existed at the time approval was granted, approval would not have been granted. subsection (1) does not apply to a person who has not yet reached the age of 19 years, provided that, before he reaches that age and in such manner as is prescribed by or under an act of the parliament, he renounces his other citizenship and makes the declaration of loyalty. a person who has a real foreign citizenship and fails to comply with subsection (2) ceases to be a citizen of papua new guinea when he reaches the age of 19 year. for the purposes of this section, a person whowas, immediately before independence day, an australian citizen or an australian protected person by virtue ofbirth in the former territory of papua; or birth in the former territory of new guinea and registration under section 11 of the australian citizenship act 1949-1975 of australia; and was never granted a right (whether revocable or not) to permanent residence in australia, has no real foreign citizenship. division 2. acquisition of citizenship 65. automatic citizenship on independence day a person born in the country before independence day who has two grand-parents who were born in the country or an adjacent area is a citizen. a person born outside the country before independence day who has two grand-parents born in the country is a citizen as from independence day ifwithin one year after independence day or such longer period as the minister responsible for citizenship matters allows in a particular case, application is made by him or on his behalf for registration as a citizen; and he renounces any other citizenship and makes the declaration of loyaltyif he has not reached the age of 19 years in accordance with section 64(2) (dual citizenship); or if he has reached the age of 19 years at or before the time when the application is made. in subsection (1), "adjacent area" means an area that immediately before independence day constitutedthe solomon islands; or the province of the republic of indonesia known as irian jaya; or the islands in torres straits annexed to the then colony of queensland under letters patent of the united kingdom of great britain and ireland bearing date the 10th day of october in the forty-second year of the reign of her majesty queen victoria (that is, 1878), not forming on independence day part of the area of papua new guinea. subsections (1) and (2) do not apply to a person whohas a right (whether revocable or not) to permanent residence in australia; or is a naturalized australian citizen; or is registered as an australian citizen under section 11 of the australian citizenship act 1848-1975 of australia; or is a citizen of a country other than australia, unless that person renounces his right to residence in australia or his status as a citizen of australia or of another country in accordance with subsection (5). a person to whom subsection (4) applies may, within the period of two months after independence day and in such manner as may be prescribed by or under an act of the parliament, renounce his right to permanent residence in australia or his status as an australian citizen or as a citizen of another country and make the declaration of loyalty. where in his opinion it is just to do so, the minister responsible for citizenship matters may in his deliberate judgement (but subject to division 4 (citizenship advisory committee)), extend the period of two months referred to in subsection (4), but unless the minister is satisfied that the applicantassumed in error that he was a citizen; or did not know that he was not a citizen; or had no reasonable opportunity or not enough time to determine his status, the period may not be extended beyond a further two months. 66. citizenship by descent and marriage a person whois born in the country on or after independence day; and had one parent who was a citizen or who, if he had survived on independence day, would have been or would have been entitled to become, such a citizen, is a citizen. a personwho is born outside the country on or after independence day; and who had one parent who was a citizen or who, if he had survived to independence day, would have been, or would have been entitled to become, such a citizen; and whose birth is registered as prescribed by or under an act of the parliament made for the purposes of this subsection, is a citizen. a person who has or had one parent or grandparent who, under subsection (1)is or was a citizen; or is or was qualified to be a citizen, and, who does not fall under subsection (2), may apply to the minister responsible for citizenship matters to be a citizen by descent, and the minister may, if he is satisfied as to the matters referred to in subsection (5), in his deliberate judgement (but subject to division 4 (citizenship advisory committee)) grant or refuse the application. a person who is the spouse of a citizen may apply to the minister responsible for citizenship matters to be a citizen by marriage, and the minister may, if he is satisfied as to the matters referred to in subsection (6), in his deliberate judgement (but subject to division 4 (citizenship advisory committee)) grant or refuse the application. to be eligible for citizenship by descent under subsection (3), a person mustprior to the application being made in the thlee years preceding it, been resident in the country for a total of 12 months; and be of good character; and subject to section 64, renounce, in such a manner as is prescribed by or under an act of the parliament, any other citizenship and make the declaration of loyalty. to be eligible for citizenship by marriage under subsection (4), a person mustprior to the application being made in the three years preceding it, been resident in the country for a total of 12 months; and be of good character; be in a marriage that is not a marriage under papua new guinean custom but is otherwise genuine and valid under papua new guinea laws; and subject to section 64, renounce, in such a manner as is prescribed by or under all act of the parliament, any other citizenship and make the declaration of loyalty. 67. citizenship by naturalization except as provided in subsection (4), a person who has resided continuously in the country for at least eight years may apply to the minister responsible for citizenship matters to be naturalized as a citizen, and the minister may, if he is satisfied as to the matters referred to in subsection (2), in his deliberate judgement (but subject to division 4 (citizenship advisory committee)), grant or refuse the application. to be eligible for naturalization, a person mustbe of good character; and intend to reside permanently in the country; and unless prevented by physical or mental disability, speak and understand pisin or hiri motu, or a vernacular of the country, sufficiently for normal conversational purposes; and have a respect for the customs and cultures of the country; and be unlikely to be or become a charge on public funds; and have a reasonable knowledge and understanding of the rights, privileges, responsibilities and duties of citizenship; and subject to section 64, renounce, in such manner as is prescribed by or under an act of the parliament, any other citizenship and make the declaration of loyalty. if an applicant for naturalization so requests, any child of the applicant who is under voting age at the time when the applicant is naturalized becomes a citizen by naturalization on the naturalization of the applicant. a personwho is in a particular sport and is likely to win one of the three highest and recognised medals or honors to represent papua new guinea in a regional or global sporting competition; or who has the resources and capital, the commitment and credentials to invest in the country's economy to create employment and impart skills to citizens, may apply to the minister responsible for citizenship matiers to be naturalised as a citizen, and the minister may, if he is satisfied as to the matter provided in an act of parliament referred to in snbsection (6), in his deliberate judgement (but subject to division 4 (citizenship advisory committee)) grant or refuse the application. to be eligible for naturalisation under subsection (4), a person must meet the requirements of subsection (2) with the exception of subsection (2)(c). an act of parliament may make further provisions on matters referred to under subsections (4) and (5) and the procedures tor making an application. 68. special provisions relating to naturalization a person who is eligible to become a citizen under section 67(1) (citizenship by naturalization) and holds an executive office by virtue of being a member of an elective body shall cease to hold that office at the expiration of a period of two months after independence day unless within that time he makes application under that section to be naturalized and that application is granted. without limiting the matters that may be taken into account in deciding on the application for naturalization, under section 67 (citizenship by naturalization) the following matters shall be taken into account in deciding on an application that is made during the first eight years after independence day:if the applicant is a person to whom section 65(4) (automatic citizenship on independence day) applies, whether he acquired the right of permanent residence in australia or became an australian citizen otherwise than by reason of a voluntary act (other than marriage) on his part; and whether the applicant has at any time accepted pay and conditions of employment that were not in general applicablebefore independence day, to persons who qualify or would, if they had survived to that day, have qualified for citizenship under section 65 (automatic citizenship on independence day); or after independence day, to citizens; and whether the major part of the investment and business interests of the applicant are and have been in the country; and whether the applicant is or has been married to a citizen or to a person who, if he had survived to independence day, would have been, or would have been entitled to become, a citizen, and the nature of the family ties of the applicant; and the length and nature of the residence of the applicant in the country; and any performance by the applicant of services beneficial to papua new guinea or its people; and any sacrifices made by the applicant in the interests of papua new guinea or its people; and the applicant's knowledge of pisin or hiri motu or of a vernacular of the country; and whether or not the application of the applicant includes the children (if any) under voting age of the applicant; and any references given as to the good character and suitability for citizenship of the applicant; and the place of birth and the parentage of the applicant. notwithstanding anything in a constitutional law, a benefit, right or privilege, directly or indirectly, conferred upon "papua new guineans" or "natives" or "local persons" or "non-overseas persons" or "citizens" (where that term is to take effect after the making of a law relating to citizenship) by any pre-independence law shall continue to be enjoyed only by persons who became citizens of papua new guinea under section 65 (automatic citizenship on independence day) but onlyfor a period of ten years after independence day; or until an act of the parliament takes away that benefit, right or privilege, whichever first occurs. notwithstanding anything in a constitutional law, during the five years after independence day only persons who become citizens of papua new guinea under section 65 (automatic citizenship on independence day) shall have the rights conferred by section 53 (protection from unjust deprivation of property) except that during this period the rights of a person who becomes a citizen otherwise than under section 65 (automatic citizenship on independence day) in respect of his property shall not be less than those accorded by law to non-citizens. notwithstanding anything in a constitutional law, but subject to subsection (6), an act of the parliament made in the period of ten years after independence day may confer a benefit, right or privilege on persons who became citizens of papua new guinea under section 65 (automatic citizenship on independence day). an act of the parliament referred to in subsection (5)shall not derogate the rights conferred by sections 32 to 58 (basic rights) except the rights conferred by section 55 (equality of citizens); and shall be for the purpose of giving advantage or assistance to persons who become citizens of papua new guinea under section 65 (automatic citizenship on independence day). 69. application for naturalization subject to subsection (2), an application for naturalization under section 67 (citizenship by naturalization) must be madein the case of a person who has resided continuously in the country for eight years or more before independence day within two months after independence day; and in the case of any other person within two months after the completion by him of eight years continuous residence in the country. where in his opinion it is just to do so, the minister responsible for citizenship matters may in his deliberate judgement, (but subject to division 4 (citizenship advisory committee)) extend the periods referred to in subsection (1) where he is satisfied thatthe person was unaware of the provisions of subsection (1); or there are special circumstances. division 3. loss and regaining of citizenship 70. automatic loss of citizenship subject to section 64, a citizen who has reached voting age and is of full capacity whoobtains the nationality or citizenship of another country by a voluntary act (other than marriage); or exercises a right that is exclusive to nationals or citizens of another country, unless the minister responsible for citizenship matters is satisfied that the right was exercised inadvertently; or takes an oath or makes a declaration or affirmation of allegiance to another country or to the sovereign or head of state of another country; or does, agrees to or adopts any act (other than marriage) by which he becomes a national or citizen of another country; or enters or serves in the armed forces of another country, except with the express approval of the head of state, acting with, and in accordance with, the advice of the national executive council; or except as permitted by an act of the parliament, votes in a national, provincial, state or local election, or accepts elective office, of another country; or subject to subsection (3), travels under the protection of a passport or purported passport of another country in which he is described as a citizen or national of that country, loses his citizenship. a person who is found by a court to have obtained citizenship by a false representation, fraud or concealment of a material fact on his part loses his citizenship, unless the minister responsible for citizenship matters is satisfied that the offence was of a minor nature and that revelation of the true fact would not have affected the grant of naturalization. subsection (1)(g) does not apply toa person who is absent from the country on independence day, who continues to travel under the protection of a passport of another country, but only untilthe expiration of the then-current period of validity of the passport; or his return to the country, whichever first happens; or a person travelling under the protection of the passport of a parent or guardian; or a person travelling under the protection of a passport of another country with the approval of the minister responsible for citizenship matters. where the minister responsible for citizenship matters is of the opinion that a person who was granted citizenship under section 67(4) obtained citizenship by a false representation or concealment of a material fact on his part, the minister may, in his deliberate judgement (but subject to division 4 (citizenship advisory committee)) withdraw or cancel the citizenship and the person loses his citizenship. 71. acts done under compulsion of law the preceding provisions of this division do not apply to any act done under compulsion of law of another country. 72. renunciation of citizenship subject to subsections (2) and (3), a citizen who has reached voting age and is of full capacity may renounce his citizenship in such manner and on such conditions as are prescribed by or under an act of the parliament. a person may not renounce his citizenship unlesshe already holds some other nationality or citizenship; or the renunciation is for the purpose of his obtaining some other nationality or citizenship. during a time of war, citizenship may not be renounced without the prior consent of the minister responsible for citizenship matters. 73. regaining citizenship subject to subsection (2), citizenship once lost can be regainedin the case of citizenship by virtue of section 65 (automatic citizenship on independence day) or 66 (citizenship by decent)only after five years continuous residence in the country after the loss of citizenship, and in the deliberate judgement (but subject to division 4 (citizenship advisory committee)) of the minister responsible for citizenship matters; and in the case of citizenship by naturalization only in accordance with the law relating to naturalization, for which purpose any period of residence in the country before the loss of citizenship shall be disregarded. where a personwas a citizen by virtue of section 65 (automatic citizenship on independence day) or 66 (citizenship by descent); and married, before, on or after independence day, a person who was a national or citizen of another country; and became, on or during the marriage, a national or citizen of the country of which his spouse was at that time a national or citizen, and the marriage has permanently broken up, the reference in subsection (1)(a) to a period of five years shall be read as a reference to a period of three years commencingif the person was, at the time when the marriage broke up, resident in the country on the date on which it broke up; or if the person was at that time resident outside the country on his return to reside in the country. 74. loss and regaining of citizenship by certain children wherea parent of a child loses his citizenship; and the minister is satisfied on application on behalf of the child that it is for the welfare of the child to do so, the minister responsible for citizenship matters may, by order, deprive the child of his citizenship. a person aggrieved by an order under subsection (1) may appeal to the national court. an act of the parliament may make special provision to facilitate the regaining of citizenship by persons who lose their citizenship by reason of the loss of citizenship by a parent. division 4. citizenship advisory committee 75. the committee an act of the parliament shall make provision for a citizenship advisory committee, all of the members of which must be citizens (other than naturalized citizens). the committee shall consist offour permanent members, at least two of whom are members of the parliament other than ministers; and one ad hoc member to represent the community in which the person to whom a matter before the committee relates resides. 76. functions of the committee before taking any action under this part in relation to a person, the minister responsible for citizenship matters shall refer the matter to the citizenship advisory committee and receive its advice. if the minister refuses to accept the advice of the committee on any matter referred to it under subsection (1), he shall, if so requested by a person affected or by the committee, give to the parliament, as soon as practicable, a statement on the matter setting out the reasons for his refusal, and the parliament may reverse his decision on such conditions as it thinks proper. the reversal by the parliament of a decision to grant or to allow the regaining of citizenship, or to grant a certificate under section 81 (certificate as to citizenship), takes effect, subject to any conditions to which it is made subject, as a deprivation of citizenship on the date of the reversal. the reversal by the parliament of a decision to refuse to grant citizenship to a person, to deprive a person of citizenship or to refuse to grant a certificate under section 81 (certificate as to citizenship) takes effect retrospectively to the date of the decision. the committee has such powers and such other functions and duties as are conferred or imposed by or under an act of the parliament. a recommendation of the committee unanimously made to the minister not to grant citizenship or dual citizenship to a person shall not be rejected. division 5. general 77. special provisions for certain persons a foundling discovered at any time in the country shall, in the absence of proof to the contrary, be deemed to be the child of parents at least one of whom was, or if he had survived would have been, a citizen. where the identity or the citizenship status of a parent of a child born in the country is unknown or doubtful, the parent shall be deemed to have been, in the absence of proof to the contrary, a person who was, or if he had survived would have been, a citizen. for the purposes of this part, a posthumous child of a person has the same status as he would have had if he had been born immediately before the date of the death of his father. 78. effect of adoption where the citizenship status or entitlement of a person is to be determined by reference to a parent or grand-parent and the person, or a parent of the person, was adopted under a law at any time in force in the country or any other place, the status or entitlement shall be determined by reference to the natural parents or grand-parents, except that the minister responsible for citizenship matters may, in his deliberate judgement (but subject to division 4 (citizenship advisory committee)), allow an adoptive parent or grand-parent to be taken into account where the result would be to recognize citizenship or the entitlement to citizenship. in subsection (1), a reference to adoption includes a reference to an adoption by custom. 79. place of birth of certain persons for the purposes of this parta person born on a registered ship or aircraft shall be deemed to have been born at the place where the ship or aircraft was registered; and a person born on an unregistered ship or aircraft belonging to the government of a country shall be deemed to have been born in that country. 80. residence" subject to any act of the parliament, a requirement in this part of a period of residence in a place is not satisfied byresidence in custody under sentence awaiting deportation or removal from the country; or residence as an unlawful immigrant. 81. certificate as to citizenship a person whose status or entitlement in relation to citizenship of papua new guinea is, or may be, in doubt may apply to the minister responsible for citizenship matters for a certificate under this section. if the minister is satisfied that the applicant is, or is entitled to become, a citizen, he may, in his deliberate judgement (but subject to division 4 (citizenship advisory committee)), grant a certificate stating that the person is or may become a citizen by virtue of a provision specified in the certificate. subject to section 76 (functions of the committee), a certificate under this section is (unless it is proved that it was obtained by means of a false representation, fraud or concealment of a material fact) conclusive evidence that on the material date the person concerned was, is or may become a citizen in accordance with the terms of the certificate. part v. the head of state division 1. the head of state 82. queen and head of state her majesty the queenhaving been requested by the people of papua new guinea, through their constituent assembly, to become the queen and head of state of papua new guinea; and having graciously consented so to become, is the queen and head of state of papua new guinea. subject to and in accordance with this constitution, the privileges, powers, functions, duties and responsibilities of the head of state may be had, exercised and performed through a governor-general appointed in accordance with division 3 (appointment, etc., of governor-general) and, except where the contrary intention appears, reference in any law to the head of state shall be read accordingly. 83. queen's successors the provisions of this constitution referring to the queen extend to her majesty's heirs and successors in the sovereignty of the united kingdom of great britain and northern ireland. 84. precedence the head of state takes precedence in rank over all other persons in papua new guinea and the governor-general takes precedence in rank immediately after the head of state. 85. royal style and titles the style and titles of the head of state are as determined by act of the parliament, and until such an act is made areelizabeth ii, queen of papua new guinea and her other realms and territories, head of the commonwealth. division 2. functions, etc., of the head of state 86. functions, etc. the privileges, powers, functions, duties and responsibilities of the head of state are as prescribed by or under constitutional laws and acts of the parliament. except as provided by section 96(2) (terms and conditions of employment), in the exercise and performance of his privileges, powers, functions, duties and responsibilities the head of state shall act only with, and in accordance with, the advice of the national executive council, or of some other body or authority prescribed by a constitutional law or an act of the parliament for a particular purpose as the body or authority in accordance with whose advice the head of state is obliged, in a particular case, to act. any instrument made by or in the name of the head of state shall recite that it is made with, and in accordance with, the advice of the national executive council or of any other body or authority in accordance with whose advice the head of state is obliged, in the particular case, to act, but failure to comply with this subsection does not affect the validity of an instrument. the question, what (if any) advice was given to the head of state, or by whom, is non-justiciable. division 3. appointment, etc., of governor-general 87. qualifications for appointment the governor-general must be a citizen whois qualified to be a member of the parliament (except for the reason that he occupies the office of governor-general); and is a mature person of good standing who enjoys the general respect of the community. the question, whether for the purposes of subsection (1) a person is a person to whom subsection (1)(b) applies, is non-justiciable. the governor-general must not hold any office or position or engage in any calling other than that of, or an office or position associated with, his office as governor-general, except with the consent of the head of state, acting with, and in accordance with, the joint advice of the national executive council and the ombudsman commission. a request for the consent of the head of state under subsection (3) shall not be made unless agreement on the matter in relation to which the consent is sought has been reached between the national executive council and the ombudsman commission. no person is eligible for appointment as governor-general more than once unless the parliament, by two-thirds absolute majority vote, approves appointment for a second term, but no person is eligible for appointment for a third term. 88. appointment to office except in the case of the first governor-general appointed before independence day the governor-general shall be appointed by the head of state, acting with, and in accordance with, the advice of the national executive council given in accordance with a decision of the parliament. a decision of the parliament to nominate a person for appointment as governor-general shall be made by a simple majority vote, in an exhaustive secret ballot conducted in accordance with an organic law. subject to subsection (5), the speaker shall, within the period of three months before the completion of the normal term of office of the governor-general, call a meeting of the parliament to nominate the next governor-general. subject to subsection (5), in the event of a casual vacancy in the office of governor-general, the speaker shall, as soon as practicable, call a meeting of the parliament to nominate the next governor-general. ifat a time when a meeting of the parliament should otherwise be called under subsection (3) or (4) a general election to the parliament has been ordered; or between the time when a meeting of the parliament should otherwise be called under subsection (3) and the date of the completion of the normal term of office of the outgoing governor-general a general election to the parliament is due to be held in accordance with this constitution, the speaker shall not call a meeting of the parliament in accordance with subsection (3) or (4), as the case may be, and a nomination shall be made at the first meeting of the new parliament as its first item of business after any formal business and the election of a speaker. 89. assumption of office notwithstanding section 90 (declaration of loyalty, etc.,) for the purposes of this constitution a person appointed as governor-general takes officesubject to paragraph (b), at the end of his predecessor's term of office; or if he is appointed to fill a casual vacancy on the date of his appointment. 90. declaration of loyalty, etc. before entering upon the duties of his office, a governor-general shall take the oath of allegiance and make the declaration of loyalty and the declaration of office before the chief justice and in the presence of the parliament, but during a period of declared national emergency they may be taken and made in such manner as is directed by the national executive council. if the governor-general has not complied with subsection (1) before taking officehe is suspended from office until such time as he does so; and if he does not do so at the first reasonably available opportunity, he may be dismissed from office by the head of state, acting with, and in accordance with, the advice of the national executive council given in accordance with a decision of the parliament, and in that event is not eligible for re-appointment for a period of six years. 91. normal term of office unless he earlier dies, resigns, ceases to be qualified for office in accordance with section 87 (qualifications for appointment), is dismissed under section 90 (declaration of loyalty, etc.,), or 93(1) (dismissal and removal from office), or is removed from office under section 93(2) (dismissal and removal from office), the governor-general holds office for a term of six years from the date of his assumption of office in accordance with section 89 (assumption of office), plus any period that is required, in accordance with section 88(5) (appointment to office), for the appointment of the next governor-general. 92. resignation the governor-general may resign from office by notice in writing to the head of state. the resignation takes effect on its acceptance by the head of state, acting with, and in accordance with, the advice of the national executive council. 93. dismissal and removal from office the governor-general may be dismissed from office by the head of state, acting with, and in accordance with, the advice of the national executive council given in accordance with eithera decision of the national executive council; or a decision made by an absolute majority of the parliament. the governor-general may be removed from office by the head of state, acting with, and in accordance with, the advice of the national executive council given in accordance with a decision of the parliament, if the speaker advises the parliament that two medical practitioners appointed for the purpose by the national authority responsible for the registration or licensing of medical practitioners have jointly reported to the speaker that, in their professional opinions, the governor-general is unfit, by reason of physical or mental incapacity, to carry out the duties of his office. 94. suspension from office the governor-general may be suspended from officeby the national executive council, if he refuses or fails to act in accordance with the advice of the national executive council or of any other body or authority in accordance with whose advice he is obliged, in the particular case, to act, or acts, or purports to act contrary to, or without, any such advice; or in accordance with an act of the parliament pending an investigation for the purposes of section 93(2) (dismissal and removal from office), and pending any resultant action by the parliament. if the governor-general is suspended from office by the national executive council under subsection (1)(a), the prime minister shall immediately inform the speaker of the suspension and of the reasons for it. if the governor-general is suspended from office under subsection (1)(a)the speaker shall, as soon as practicable, call a meeting of the parliament at which the matter of the suspension and of the possible dismissal of the governor-general shall be the first item of business after any formal business and, if necessary, the appointment of a speaker; and the suspension may be lifted at any time by decision of the parliament; and unless before the end of the meeting a recommendation is made in accordance with section 93(1) (dismissal and removal from office) that the governor-general be dismissed from office, the suspension ceases at the end of the meeting. if the governor-general is suspended from office under this section, the prime minister shall, as soon as practicable, inform the head of state of the suspension and of the reasons for it. a period of suspension under this section shall be taken into account in calculating for the purposes of this division, the length of the period of service in office of the governor-general. 95. acting governor-general in this section, a reference to the speaker or to the chief justice shall be read as a reference to the substantive holder of that office. ifthere is a vacancy in the office of governor-general; or the governor-general is suspended from office; or the governor-general ison leave of absence; or absent from the country; or out of speedy and effective communication; or otherwise unable to perform, or is not readily available to perform, the duties of his office, the speaker is, subject to subsection (3), the acting governor-general. if at any time to which subsection (2) appliesthere is a vacancy in the office of speaker; or the speaker is suspended office; or the speaker ison leave of absence; or absent from the country; or out of speedy and effective communication; or otherwise unable to perform, or is not readily available to perform, the duties of his office, the chief justice (if he is a citizen) is the acting governor-general. during a period when he is the acting governor-general, the speaker or the chief justice shall not exercise or perform any of the other powers, functions, duties and responsibilities of the office of speaker or chief justice, as the case may be, except that the chief justice may complete any proceedings actually commenced before him unless other suitable arrangements can be made. when neither the speaker nor the chief justice is available (or, in the case of the chief justice, qualified) to be the acting governor-general, the powers, functions, duties and responsibilities of the governor-general shall be exercised and performed by a minister appointed by the head of state on the advice of the national executive council for the purpose. the question, whether the occasion for the exercise or performance of a power, function, duty or responsibility by an acting governor-general or a minister under this section has arisen or has ceased, is non-justiciable. 96. terms and conditions of employment subject to this constitution, the terms and conditions of employment of the governor-general are as determined by or under an organic law. except with the consent of the governor-general the terms and conditions of employment of the governor-general shall not be changed to his detriment during his term of office, and an organic law that so changes them shall recite the terms of the consent. division 4. general 97. conveyance of decisions, etc. where any act is done, decision is made or advice is given by the parliament or the national executive council under this part, the prime minister shall immediately convey it to the head of state. 98. acts, etc., of the head of state unless the contrary intention appears, any act by the head of state takes effect when it is formally advised to the prime minister or the national executive council. part vi. the national government division 1. general principles 99. structure of government subject to and in accordance with this constitution, the power, authority and jurisdiction of the people shall be exercised by the national government. the national government consists of three principal arms, namely:the national parliament, which is an elective legislature with, subject to the constitutional laws, unlimited powers of law-making; and the national executive; and the national judicial system, consisting of a supreme court of justice and a national court of justice, of unlimited jurisdiction, and other courts. in principle, the respective powers and functions of the three arms shall be kept separate from each other. subsection (2) is descriptive only and is non-justiciable. division 2. the national parliament subdivision a. the legislative power 100. exercise of the legislative power subject to this constitution, the legislative power of the people is vested in the national parliament. subsection (1) does not prevent a law from conferring on an authority other than the parliament legislative powers or functions (including, if the law so provides, a further power or further powers of delegation and subdelegation). nothing in any constitutional law enables or may enable the parliament to transfer permanently, or divest itself of, legislative power. subdivision b. composition of the national parliament 101. membership subject to this section, the parliament is a single-chamber legislature, consisting ofa number of members elected from single-member open electorates; and a number of members elected from single-member provincial electorates; and not more than three nominated members, appointed and holding office in accordance with section 102 (nominated members); and a number of women elected from a single-member women's electorates as defined under an organic law. an organic law shall make provision for the number of open provincial electorates. no member may represent two or more electorates at the same time. the precise number of open electorates and their boundaries shall be determined from time to time in accordance with section 125 (electorates). an alteration to the number of electorates or to the boundaries of an electorate takes effect for the purposes of the next general election and of succeeding elections. 102. nominated members the parliament may, from time to time, by a two-thirds absolute majority vote, appoint a person (other than a member) to be a nominated member of the parliament. 103. qualifications for and disqualifications from membership a member of the parliament must be not less than 25 years of age. a candidate for election to the parliament must have been born in the electorate for which he intends to nominate or have resided in the electorate for a continuous period of two years immediately preceding his nomination or for a period of five years at any time and must pay a nomination fee of k1,000.00. a person is not qualified to be, or to remain, a member of the parliament ifhe is not entitled to vote in elections to the parliament; or he is of unsound mind within the meaning of any law relating to the protection of the persons and property of persons of unsound mind; or subject to subsections (4) to (7), he is under sentence of death or imprisonment for a period of more than nine months; or he is adjudged insolvent under any law; or he has been convicted under any law of an indictable offence committed after the coming into operation of the constitutional amendment no. 24 – electoral reforms; or he is otherwise disqualified under the constitution. where a person is under sentence of death or imprisonment for a period exceeding nine months, the operation of subsection (3)(d) is suspended untilthe end of any statutory period allowed for appeals against the conviction or sentence; or if an appeal is lodged within the period referred to in paragraph (a), the appeal is determined. the references in subsection (4), to appeals and to the statutory period allowed for appeals shall, where there is provision for a series of appeals, be read as references to each appeal and to the statutory period allowed for each appeal. if a free pardon is granted, a conviction is quashed or a sentence is changed to a sentence of imprisonment for nine months or less, or some other form of penalty (other than death) is substituted, the disqualification ceases, and if at the time of the pardon, quashing, change of sentence or substitution of penalty the writ for the by-election has not been issued the member is restored to his seat. in this section"appeal" includes any form of judicial appeal or judicial review; "statutory period allowed for appeals" means a definite period allowed by law for appeals, whether or not it is capable of extension, but does not include an extension of such a definite period granted or that may be granted unless it is granted within that definite period. 104. normal term of office an elected member of the parliament takes office on the day immediately following the day fixed for the return of the writ for the election in his electorate. the seat of a member of the parliament becomes vacantif he is appointed as governor-general; or upon the expiry of the day fixed for the return of the writs, for the general election after he last became a member of the parliament; or if he resigns his seat by notice in writing to the speaker, or in the case of the speaker to the clerk of the parliament; or if he is absent, without leave of the parliament, during the whole of three consecutive meetings of the parliament unless parliament decides to waive this rule upon satisfactory reasons being given; or if, except as authorized by or under an organic law or an act of the parliament, he directly or indirectly agrees to take any payment in respect of his services in the parliament; or if he becomes disqualified under section 103 (qualifications for and disqualifications from membership); or on his death; or if he is dismissed from office under division iii.2 (leadership code). for the purposes of subsection (2)(d), a meeting of the parliament commences when the parliament first sits following a general election, prorogation of the parliament or an adjournment of the parliament otherwise then for a period of less than 12 days and ends when next the parliament is prorogued or adjourned otherwise than for a period of less than 12 days. 105. general elections a general election to the parliament shall be heldwithin the period of three months before the fifth anniversary of the day fixed for the return of the writs for the previous general election; or if, during the last 12 months before the fifth anniversary of the day fixed for the return of the writs for the previous general electiona vote of no confidence in the prime minister or the ministry is passed in accordance with section 145 (motions of no confidence); or the government is defeated on the vote on a question that the prime minister has declared to the parliament to be a question of confidence; or if the parliament, by an absolute majority vote, so decides. the head of state, acting with, and in accordance with, the advice of the electoral commission, shall fix the first and last days of the period during which polling shall take place and the date by which the writs for a general election shall be returned. in advising the head of state under subsection (2), and in conducting the election, the electoral commission shall do its best to ensure thatin a case to which subsection (1)(a) applies the date for the return of the writs is fixed as nearly as may reasonably be to the fifth anniversary of the date fixed for the return of the writs for the previous general election; and in a case to which subsection (1)(b) or (c) applies the date for the return of the writs is fixed as soon as may reasonably be after the date of the relevant decision of the parliament. 106. by-elections if the office of an elected member of the parliament becomes vacant otherwise than by virtue of section 104(2)(b) (normal term of office), an election shall be held to fill the vacancy unless the vacancy occurswithin the period of 12 months before the fifth anniversary of the date fixed for the return of the writs for the previous general election; or after the writ has been issued for an election under section 105(1) (general elections) and before the day fixed for the return of that writ, writs for a general election are issued, the first-mentioned writ shall be deemed to have been revoked. subdivision c. the speaker and the deputy speaker 107. offices of speaker and deputy speaker there shall be offices of speaker and deputy speaker of the national parliament. the speaker and the deputy speaker must be members of the parliament, and shall be elected by the parliament by secret ballot in accordance with the standing orders of the parliament. the speaker and the deputy speaker hold office, and their offices become vacant, in accordance with the constitutional laws and the standing orders of the parliament. no minister or parliamentary leader of a registered political party may be the speaker or deputy speaker, and if a speaker or deputy speaker becomes a minister or parliamentary leader of a registered political party he vacates his office as speaker or deputy speaker, as the case may be. 108. functions of the speaker and deputy speaker the speaker is responsible, subject to and in accordance with the constitutional laws, the acts of the parliament and the standing orders of the parliament, for upholding the dignity of the parliament, maintaining order in it, regulating its proceedings and administering its affairs, and for controlling the precincts of the parliament as defined by or under an act of the parliament. in the event of a vacancy in the office of the speaker or his absence from the country or from the parliament, and otherwise as determined by or under a constitutional law, an act of the parliament or the standing orders of the parliament, the deputy speaker has, subject to section 95 (acting governor-general), all the rights, privileges, powers, functions, duties and responsibilities of the speaker. a constitutional law, an act of the parliament or the standing orders of the parliament may provide for other powers, functions, duties and responsibilities of the speaker and the deputy speaker. subdivision d. powers, privileges and procedures 109. general power of law-making subject to this constitution, the parliament may make laws, having effect within and outside the country, for the peace, order and good government of papua new guinea and the welfare of the people. in particular, acts of the parliament, not inconsistent with the constitutional laws, may provide for all matters that are necessary or convenient to be prescribed for carrying out and giving effect to this constitution. no law made by the parliament is open to challenge in any court on the ground thatit is not for the peace, order or good government of papua new guinea or the welfare of the people; or it purports to have extra-territorial effect. each law made by the parliament shall receive such fair, large and liberal construction and interpretation as will best ensure the attainment of the object of the law according to its true intent, meaning and spirit, and there is no presumption against extra-territoriality. 110. certification as to making of laws subject to section 137(3) (acts of indemnity) and to any act of the parliament made for the purposes of subsection (3), the speaker shall certify under the national seal, in accordance with the standing orders of the parliament, that a law has been made by the parliament and, subject to subsection (2), the law comes into operation on the date of the certificate. nothing in subsection (1) prevents a lawbeing expressed to come, or to be deemed to have come, into force on a date specified by, or fixed in accordance with, law; or being retrospective or retroactive. an act of the parliament or the standing orders of the parliament may make provision under which a law made by the parliament may, at the direction of the head of state, acting with, and in accordance with, the advice of the national executive council, be recommitted to the parliament for the consideration of amendments proposed by the head of state, acting with, and in accordance with, the advice of the national executive council. 111. right to introduce bills, etc. subject to section 210 (executive initiative) and to an organic law made for the purposes of subdivision vi.2.h (protection of elections from outside or hidden influence and strengthening of political parties), any member of the parliament is entitled to introduce into the parliament, in accordance with, and subject to any reasonable restrictions contained in, the standing orders of the parliament, a petition, question, bill, resolution or motion. the petition, question, bill, resolution or motion shall be dealt with as provided by the standing orders of the parliament. the standing orders of the parliament may make provision for priority to be given to government business at certain times or in certain circumstances. 112. presiding in the parliament. 112. presiding in the parliament subject to subdivision c (the speaker and the deputy speaker) and to subsection (2), the standing orders of the parliament shall make provision in respect of the chairmanship of the parliament and of committees of the whole. no minister may preside in the parliament or in a committee of the whole. 113. quorum the quorum for a sitting of the parliament is one-third of the number of seats in the parliament at the time. the standing orders of the parliament shall make provision for the action to be taken in the event of a lack of or loss of a quorum at any time. 114. voting in the parliament subject to subsection (5) and except as otherwise provided by a constitutional law or the standing orders of the parliament, all questions before a meeting of the parliament shall be decided in accordance with the majority of votes of the members present and voting. subject to subsection (5), the member presiding does not have a deliberative vote excepton a motion of no confidence in the prime minister, the ministry or a minister, in accordance with an organic law referred to in section 145 (motions of no confidence); or on any question which requires an affirmative vote greater than a simple majority. subject to subsection (5), except in a case where he has voted under subsection (2), in the event of an equality of votes on a question, the member presiding has a casting vote, but if he fails to use it the motion shall be deemed to be withdrawn. the standing orders of the parliament shall make provision for the manner in which a vote is to be taken and recorded. an organic law made for the purposes of subdivision vi.2.h (protection of elections from outside or hidden influence and strengthening of political parties) may restrict the voting rights of a member of the parliament in certain circumstances. 115. parliamentary privileges, etc. the powers (other than legislative powers), privileges and immunities of the parliament and of its members and committees are as prescribed by or under this section and by any other provision of this constitution. there shall be freedom of speech, debate and proceeding in the parliament, and the exercise of those freedoms shall not be questioned in any court or in any proceedings whatever (otherwise than in proceedings in the parliament or before a committee of the parliament). no member of the parliament is subject to the jurisdiction of any court in respect of the exercise of his powers or the performance of his functions, duties or responsibilities as such, but this subsection does not affect the operation of division iii.2 (leadership code). no member of the parliament is liable to civil or criminal proceedings, arrest, imprisonment, fine, damages or compensation by reason of any matter or thing that he has brought by petition, question, bill, resolution, motion or otherwise, or has said before or submitted to the parliament or a committee of the parliament. no member of the parliament or other person is liable to civil or criminal proceedings, arrest, imprisonment, fine, damages or compensation by reason ofan act done under the authority of the parliament or under an order of the parliament or a committee of the parliament; or words spoken or used, or a document or writing made or produced, under an order or summons made or issued under the authority of the parliament or a committee of the parliament. members of the parliament are free from arrest for civil debt during meetings of the parliament and during the period commencing three days before, and ending three days after, a meeting when they are travelling from their respective electorates to attend the meeting or are returning to their electorates from the meeting. no process issued by any court in the exercise of its civil jurisdiction shall be served or executed through the speaker, an officer of the parliament or a member of the parliamentary service, or within the precincts of the parliament (as defined by or under an act of the parliament) while it is sitting. the powers conferred by section 109 (general powers of law-making) extend to the making of lawsdeclaring further powers (other than legislative powers), privileges and immunities of the parliament, and of its members and committees; and providing for the manner in which powers, privileges and immunities provided for by or under this section may be exercised or upheld. the powers and privileges conferred by or under this section do not and shall not include the power to impose or provide for the imposition of a fine, imprisonment, forfeiture of property or other penalty of a criminal nature, but this subsection does not prevent the creation of offences for the purposes of this section that are triable within the national judicial system. 116. disallowance of subordinate laws all subordinate legislative enactments made under an act of the parliamentshall be tabled in the parliament as soon as practicable, and in any event within seven sitting days of the parliament, after being made; and are subject to disallowance in whole or in part by decision of the parliament, in accordance with section sch.1.18 (disallowance, etc.,) and the standing orders of the parliament. subject to section sch.1.18 (disallowance, etc.,) an act of the parliament may make further provision as to the disallowance of a subordinate legislative enactment or part of a subordinate legislative enactment under this section, and as to the effect of such a disallowance on or in respect of rights and liabilities under or affected by the disallowed enactment or part. failure to comply with subsection (1) does not invalidate a subordinate legislative enactment. 117. treaties, etc. in this section, unless the contrary intention appears"treaty" means an agreement between states thatwhether embodied in a single instrument or in two or more related instruments and whatever may be its designation, but does not include a visiting forces agreement entered into in accordance with section 206 (visiting forces); "treaty document" meansthe text of a treaty that it is proposed to accept or to ratify; or a statement of the effect of such a treaty; or a copy of the document by which it is intended that papua new guinea will express its consent to be bound by such a treaty. subject to subsection (3), the consent of papua new guinea to be bound as a party to a treaty may be given onlyby the head of state, acting with, and in accordance with, the advice of the national executive council; or by a minister authorized either generally or specifically for the purpose by the head of state, acting with, and in accordance with, the advice of the national executive council; or otherwise in accordance with international law, usage and practice, and in accordance with this section. subject to subsection (5), the consent of papua new guinea to be bound as a party to a treaty shall not be givenunless a treaty document relating to the treaty has been presented to the parliament for at least ten sitting days; or if within ten sitting days of the parliament after the day on which the treaty document was presented to the parliament the parliament, by an absolute majority vote, disapproves the giving of the consent. the fact that the parliament has disapproved the giving of the consent of papua new guinea to be bound as a party to a treaty does not prevent the re-presentation to the parliament of a treaty document relating to the treaty, and in that event subsection (3) once again applies. subsection (3) does not apply ifthe parliament has, by an absolute majority vote, waived the requirements of that subsection; or both the speaker (acting on behalf of the parliament) and the prime minister are satisfied that the giving of the consent of papua new guinea to be bound as a party to the treaty is too urgent a matter to allow of compliance with that subsection, or that compliance would not be in the national interest. a certificate of the speaker as to any matter arising under this section is, before all courts and all persons acting judicially, conclusive evidence of the facts certified to. notwithstanding the consent of papua new guinea to be bound as a party to a treaty, no treaty forms part of the municipal law of papua new guinea unless, and then only to the extent that, it is given the status of municipal law by or under a constitutional law or an act of the parliament. legislative approval or ratification of a treaty does not, without more, give it the status of municipal law for the purposes of subsection (7). subdivision e. the committee system 118. permanent parliamentary committees in order to ensure full and active participation by back benchers in the work of the parliament and of government, there shall be the following permanent parliamentary committees which, in principle, should cover all major fields of the activities of the national government:a public accounts committee, established in accordance with subdivision viii.i.c (the public accounts committee); and such other committees as are determined by the parliament from time to time. the parliament shall, subject to this constitution, make provision by organic law, by act of the parliament, standing order or otherwise, for the establishment, membership, jurisdiction, functions, powers and procedures of the permanent parliamentary committees, and in particular for empowering such a committee to call for persons, papers and records. no minister may be a member of a permanent parliamentary committee. in principle, membership of the permanent parliamentary committees should be spread as widely as practicable among the back benchers. 119. chairmen and deputy chairmen. 119. chairmen and deputy chairmen there shall be a chairman and a deputy chairman of each permanent parliamentary committee. in principle, either the chairman or the deputy chairman of each permanent parliamentary committee should be a member of the parliament who is recognized by the parliament as being generally committed to support the government in the parliament, and the other should be a member of the principal party or group, or coalition of parties or groups, that is recognized by the parliament as being not so committed. subject to any act of the parliament and to the standing orders of the parliament, in the event of the absence or non-availability to act of the chairman, the deputy chairman has all the rights, privileges, powers, functions, duties and responsibilities of the chairman. 120. an organic law made for the purposes of subdivision vi.2.h (protection of elections from outside or hidden influence and the strengthening of political parties) may provide that in certain circumstances a member of the parliament is not eligible to be appointed to or hold the office of chairman or deputy-chairman of a permanent parliamentary committee. 120. roles of chairmen and deputy chairmen of permanent parliamentary committees the chairman and deputy chairman of each permanent parliamentary committee shall be granted full access to each minister having responsibilities relevant to the jurisdiction and functions of his committee and, by arrangement with the minister, to the head of the minister's department, and are entitled to be briefed and consulted on major policy issues. in relation to any information given to or obtained by them under subsection (1), the chairman and the deputy chairman are under the same obligation, whether by law or by convention, as to confidentiality as is the minister but this principle does not prevent the chairman or deputy chairman from briefing the members of his permanent parliamentary committee on major policy issues. in relation to any information given to him under subsection (2), a member of a permanent parliamentary committee is under the same obligation, whether by law or convention, as to confidentiality as is the minister. 121. sessional committees, select committees, etc. nothing in this subdivision prevents the parliament from establishing sessional or select committees or other committees for any purpose, or prevents the parliament from sitting as a committee of the whole. 122. arrangement of parliamentary business in relation to committees the business of the parliament shall be so arranged as to allow reasonable time for committees of the parliament to perform their functions adequately, and the standing orders of the parliament shall make provision to ensure that such time is allowed either within or outside the sitting hours of the parliament. 123. membership of parliamentary committees each committee of the parliament shall consist only of members of the parliament, but nothing in this section prevents the establishment, by statute or otherwise, of commissions or committees of any other kind. subdivision f. calling, etc., of the parliament 124. calling, etc. the parliament shall be called to meet not more than seven days after the day fixed for the return of the writs for a general election, and shall meet not less than 40 days in each period of 12 months. an organic law shall make provision for the calling of meetings of the parliament. subject to subsections (1) and (2), an act of the parliament or the standing orders of the parliament may make provision in respect of the sittings of the parliament. subdivision g. electorates and elections 125. electorates the number of open electorates and their boundaries shall be determined by the parliament in accordance with recommendations from a boundaries commission from time to time, at intervals determined by or under an organic law, being intervals of not more than 10 years. in recommending open electorates and open electorate boundaries, the boundaries commission shall, taking into account any considerations laid down by an organic law, endeavour to ensure that all open electorates contain approximately the same population, within limits prescribed by an organic law. the parliament may accept or reject, but may not amend, any recommendation of the boundaries commission under subsection (1). the boundaries commission is not subject to direction or control by any person or authority. an organic law shall make further provision for and in respect of the appointment, constitution and procedures of the boundaries commission, and for safeguarding its independence, and in relation to the procedures for formulating and considering its recommendations. an organic law relating to provinces or to provincial governments and local-level governments may confer or impose on the boundaries commission powers, functions, duties or responsibilities in relation to the boundaries of provinces and of provincial electorates. 126. elections elections to the parliament shall be conducted, in accordance with an organic law, by an electoral commission. general elections shall be held in accordance with sections 105 (general elections) and 106 (by-elections), as required. the members of the parliament (other than the nominated members) shall be elected under a system of universal, adult, citizen suffrage in accordance with section 50 (right to vote and stand for public office) and the other constitutional laws, and the voting age is 18 years. a citizen's right to vote in an election to the parliament is as provided by section 50 (right to vote and stand for public office). no non-citizen may vote in an election for the parliament. the electoral commission is not subject to direction or control by any person or authority. an organic law shall make provision for and in respect ofthe appointment, constitution and procedures of the electoral commission, and for safeguarding its independence; and the electoral system; and safeguarding the integrity of elections; and appeals to the national court in electoral matters. an organic law relating to provinces or provincial government may confer or impose on the electoral commission powers, functions, duties or responsibilities in relation to provincial elections. subdivision h. protection of elections from outside or hidden influence, and strengthening of political parties 127. purposes of subdivision h the purpose of this subdivision areto protect elections and to prevent candidates from being, or appearing to be or to have been, improperly influenced by outside (especially foreign) or hidden influences; and to permit the funding of registered political parties; and to restrict a member of the parliament in certain circumstances from resigning or withdrawing from or failing to support a political party of which he is a member; and to provide that in certain circumstances a member of the parliament whoresigns or withdraws from the political party of which he is a member; or fails to support the political party of which he is a member; or is a member of a political party whose registration is cancelled, is guilty of misconduct in office; and to restrict in certain circumstances the voting rights of a member of the parliament, and an organic law may make provision, in addition to the provisions expressly referred to in this subdivision, for achieving those purposes. 128. registered political party" in this subdivision, "registered political party" means a political party or organization registered under an organic law made for the purpose of section 129(1)(a) (integrity of political parties). 129. integrity of political parties an organic law shall make provisionrequiring any political party or organization having political aims and desiring to nominate a candidate for election to the parliament, or to publicly support such a candidate as representing its views, to register with an appropriate body established by an organic law such reasonable particulars as are prescribed by organic law; and requiring any such party or organization to disclose to the ombudsman commission or some other authority prescribed by the law in such manner, at such times and with such details as are prescribed in or under the lawits assets and income, and their sources; and its expenditure on or connected with an election or the support of a candidate; and prohibiting non-citizens from membership of, and from contributing to the funds of, any such party or organization; and defining the corporations and organizations that are to be regarded as non-citizens for the purposes of a provision made for the purposes of paragraph (c); and limiting the amount of contributions that such a party or organization may receive from any source or sources; and requiring persons who have made, or may have made, contributions to any such party or organization to give to the ombudsman commission, or some other authority, details of any such contribution. authorizing the funding of registered political parties from the national budget and establishing a body to manage and distribute the funds in accordance with established procedures; and authorizing the payment in certain circumstances of a percentage of electoral expenses incurred by a female candidate in an election. where another authority is prescribed by the law under subsection (1)(b), that authorityshall be composed of a person or persons who are declared under paragraph (i) of the definition of "constitutional office-holder" in section 221 (definitions) to be a constitutional office-holder; and is not subject to direction or control by any person or authority. an organic law made for the purposes of subsection (1) may provide that the value of any assistance given otherwise than in cash shall be taken into account as expenditure or contributions for any purpose of that subsection or of that law. 130. integrity of candidates an organic law shall make provisionrequiring a candidate or former candidate for election to the parliament to disclose to the ombudsman commission or some other authority prescribed by the law, in such manner, at such times and with such details as are prescribed by or under the lawany assistance (financial or other) received by him in respect of his candidature, and its source; and the amount or value of his electoral expenses; and prohibiting a candidate or former candidate for election to the parliament from accepting from a non-citizen assistance (financial or other) in respect of his candidature; and defining the corporations and organizations that are to be regarded as non-citizens for the purposes of a provision made for the purposes of paragraph (b); and regulating or restricting the amount or kind of such assistance that may be received from any source other than a registered political party; and prohibiting a candidate for election to the parliament from holding himself out as representing any party or organization other than a registered political party that has publicly adopted him as its candidate. where another authority is prescribed by the law under subsection (1)(b), that authorityshall be composed of a person or persons who are declared under paragraph (i) of the definition of "constitutional office-holder"; and is not subject to direction or control by any person or authority. an organic law made for the purposes of subsection (1) may make provision for further defining what are to be regarded as assistance and electoral expenses for any purpose of that subsection or of that law, and in particular may provide thatthe value of hospitality (including meals, accommodation and transport) of a kind and to a degree recognized by custom in the country shall not be taken into account as assistance; and the personal expenses of a candidate shall not be taken into account as electoral expenses. in this section"electoral expenses", in relation to a candidate, means expenses incurred (whether before, during or after an election to the parliament, including expenses incurred before the issue of the writ for election) by him or on his behalf on account of or in respect of the election; "personal expenses", in relation to a candidate, means any reasonable costs incurred by him personally for travel and for living away from his home for the purposes of the election. 130a. provisions relating to political parties an organic law made for the purposes of this subdivision mayrestrict a member of the parliament from resigning or withdrawing from a political party of which he is a member; and restrict a member of the parliament from failing to support, in certain circumstances, a political party of which he is a member; and provide that, in certain circumstances, a member of parliament whoresigns or withdraws from the political party of which he is a member; or fails to support the political party of which he is a member; or is a member of a political party whose registration is cancelled, is guilty of misconduct in office; and permit a member of the parliament who at the time of his election to the parliament was not a member of a registered political party to join a registered political party; and authorize the head of state to invite a registered political party to form the government in certain circumstances; and restrict a member of the parliament in certain circumstances, from exercising his voting rights in the parliament. subdivision i. general 131. section 131 was repealed by constitutional amendment no. 9) 132. the parliamentary service an act of the parliament shall make provision for and in respect of a parliamentary service, separate from the other state services. within the service, there shall be an office of clerk of the national parliament who shall, subject to subsection (3), be the head of the service. the service shall be subject to the direction and control of the speaker and shall perform its functions impartially. 133. standing orders the parliament may make standing orders and other rules and orders in respect of the order and conduct of its business and proceedings and the business and proceedings of its committees, and of such other matters as by law are required or permitted to be prescribed or provided for by the standing orders of the parliament. 134. proceedings non-justiciable except as is specifically provided by a constitutional law, the question, whether the procedures prescribed for the parliament or its committees have been complied with, is non-justiciable, and a certificate by the speaker under section 110 (certification as to making of laws) is conclusive as to the matters required to be set out in it. 135. questions as to membership, etc. the national court has jurisdiction to determine any question as to the qualifications of a person to be or to remain a member of the parliament; or the validity of an election to the parliament. 136. validation of acts of the parliament where a person who has purported to sit or vote as a member of the parliament at a meeting of the parliament or of a committee of the parliamentwas not duly qualified to be elected or appointed, or to continue, as a member of the parliament; or had vacated his office as a member of the parliament, all things done or purporting to have been done by the parliament or by the committee, as the case may be, shall be deemed to have been as validly done as if that person had, when so sitting or voting, been duly qualified to be elected or appointed or to continue as a member of the parliament, or had not vacated his office, as the case may be. division 3. special instances of the legislative power 137. acts of indemnity ifa provision of a constitutional law has been contravened or not complied with; and the parliament is satisfied thatthe contravention or non-compliance was made in good faith and in exceptional circumstances for the purpose, or with the intention, of upholding this constitution or protecting papua new guinea, or of dealing with an emergency for which no provision or no adequate provision appeared to exist; and no blameworthiness attaches to some person or some persons concerned in the contravention or non-compliance, the parliament may make a special law (to be known as an "act of indemnity") in relation to that person or those persons. an act of indemnity shallspecify the contravention or non-compliance; and certify as to the parliament's satisfaction concerning the matters specified in subsection (1)(b)(i) and (ii); and identify or provide for the identification of the person or persons to whom it relates; and provide for the making of full compensation to any person suffering injury as a result of the contravention or non-compliance; and be made in accordance with the procedures laid down by this constitution for the making of organic laws; and be passed by an absolute majority vote of the parliament. before the speaker certifies under section 110 (certification as to making of laws) as to the act, he shall refer the question, whether the act complies with this section, for the opinion of the supreme court in accordance with section 19 (special references to the supreme court), and until the court advises that the act does so comply he shall not so certify it. an act of indemnityrelieves, and shall be expressed to relieve, the person or persons concerned from all liability for, and from all legal consequences of, the contravention or non-compliance; and if a person concerned has been convicted of an offence in respect of or arising out of the contravention or non-compliance, takes effect as a free pardon, but in respect only of acts done before the parliament was formally advised of the intention to propose the act. an act of indemnity does not take effect as a constitutional law. an act of indemnity shall not be amended or extended in any way, and its repeal does not affect the operation of subsection (4). division 4. the national executive subdivision a. the national executive and the executive power 138. vesting of the executive power subject to this constitution, the executive power of the people is vested in the head of state, to be exercised in accordance with division v.2 (functions, etc., of the head of state). 139. the national executive the national executive consists ofthe head of state acting in accordance with division v.2 (functions, etc., of the head of state); and the national executive council. 140. conferring of powers, etc., outside the national executive except where the contrary intention appears, nothing in this constitution prevents an organic law or a statute from conferring or imposing powers, functions, duties or responsibilities on a person or authority outside the national executive. subdivision b. the ministry 141. nature of the ministry: collective responsibility the ministry is a parliamentary executive, and thereforeno person who is not a member of the parliament is eligible to be appointed to be a minister, and, except as is expressly provided in this constitution to the contrary, a minister who ceases to be a member of the parliament ceases to hold office as a minister; and it is collectively answerable to the people, through the parliament, for the proper carrying out of the executive government of papua new guinea and for all things done by or under the authority of the national executive; and it is liable to be dismissed from office, either collectively or individually, in accordance with this subdivision. 142. the prime minister an office of prime minister is hereby established. the prime minister shall be appointed, at the first meeting of the parliament after a general election and otherwise from time to time as the occasion for the appointment of a prime minister arises, by the head of state, acting in accordance with a decision of the parliament. if the parliament is in session when a prime minister is to be appointed, the question of the appointment shall be the first matter for consideration, after any formal business and any nomination of a governor-general or appointment of a speaker, on the next sitting day. if the parliament is not in session when a prime minister is to be appointed, the speaker shall immediately call a meeting of the parliament, and the question of the appointment shall be the first matter for consideration, after any formal business and any nomination of a governor-general or appointment of a speaker, on the next sitting day. the prime ministershall be dismissed from office by the head of state if the parliament passes, in accordance with section 145 (motions of no confidence), a motion of no confidence in him or the ministry, except where the motion is moved within the last 12 months before the fifth anniversary of the date fixed for the return of the writs at the previous general election; and may be dismissed from office in accordance with division iii.2 (leadership code); and may be removed from office by the head of state, acting in accordance with a decision of the parliament, if the speaker advises the parliament that two medical practitioners appointed by the national authority responsible for the registration or licensing of medical practitioners have jointly reported in accordance with an act of the parliament that, in their professional opinions, the prime minister is unfit, by reason of physical or mental incapacity, to carry out the duties of his office. the prime minister may be suspended from officeby the tribunal appointed under an organic law made for the purposes of section 28 (further provisions), pending an investigation into a question of misconduct in office within the meaning of division iii.2 (leadership code), and any resultant action; or in accordance with an act of the parliament, pending an investigation for the purposes of subsection (5)(c), and any resultant action by the parliament. an organic law made for the purposes of subdivision vi.2.h (protection of elections from outside or hidden influence and strengthening of political parties) may provide that in certain circumstances a member of the parliament is not eligible to be appointed to or hold the office of prime minister. 143. acting prime minister subject to subsection (2) an act of the parliament shall make provision for and in respect of the appointment of a minister to be acting prime minister to exercise and perform the powers, functions, duties and responsibilities of the prime minister whenthere is a vacancy in the office of prime minister; or the prime minister is suspended from office; or the prime minister isabsent from the country; or out of speedy and effective communication; or otherwise unable or not readily available to perform the duties of his office. where a prime minister is dismissed under section 142(5)(a) (the prime minister) the person nominated under section 145(2)(a) (motions of no confidence)becomes the acting prime minister until he is appointed a prime minister in accordance with section 142(2) (the prime minister); and may exercise and perform all the powers, functions, duties and responsibilities of a prime minister. the question whether the occasion for the appointment of an acting prime minister or for the exercise or performance of a power, function, duty or responsibility by an acting prime minister, under this section has arisen or has ceased, is non-justiciable. 144. other ministers there shall be such number of ministers (other than the prime minister), not being less than six or not exceeding 32, from time to time, as is determined by or under an organic law. the ministers, other than the prime minister, shall be appointed by the head of state, acting with, and in accordance with, the advice of the prime minister. a minister, other than the prime minister, may be suspended from office in accordance with an organic law made for the purposes of section 28(2) (further provisions). a minister other than the prime ministershall be dismissed from office by the head of state if the parliament passes, in accordance with section 145 (motions of no confidence), a motion of no confidence in him; and may be dismissed from officeby the head of state, acting with, and in accordance with, the advice of the prime minister; or in accordance with division iii.2 (leadership code). an organic law made for the purposes of subdivision vi.2.h (protection of elections from outside or hidden influence and strengthening of political parties) may provide that in certain circumstances a member of the parliament is not eligible to be appointed to or hold the office of minister. 145. motions of no confidence for the purposes of sections 142 (the prime minister) and 144 (other ministers), a motion of no confidence is a motionthat is expressed to be a motion of no confidence in the prime minister, the ministry or a minister, as the case may be; and of which not less than one month's notice, signed by a number of members of the parliament being not less than one-fifth of the total number of seats in the parliament, has been given in accordance with the standing orders of the parliament. a motion of no confidence in the prime minister or the ministrymoved during the first four years of the life of parliament shall not be allowed unless it nominates the next prime minister; and moved within 12 months before the fifth anniversary of the date fixed for the return of the writs at the previous general election shall not be allowed if it nominates the next prime minister. a motion of no confidence in the prime minister or the ministry moved in accordance with subsection (2)(a) may not be amended in respect of the name of the person nominated as the next prime minister except by substituting the name of some other person. a motion of no confidence in the prime minister or the ministry may not be moved during the period of eighteen months commencing on the date of the appointment of the prime minister. 146. resignation the prime minister may resign from office by notice in writing to the head of state. a minister other than the prime minister may resign from office by notice in writing to the prime minister. 147. normal term of office unless he earlierdies; or subject to subsection (2), resigns; or subject to subsection (3), ceases to be qualified to be a minister; or is dismissed or removed from office, a minister (including the prime minister) holds office until the next appointment of a prime minister. notwithstanding subsection (1)(b)a prime minister who resigns; and a ministry that resigns collectively, shall continue in office until the appointment of the next prime minister. notwithstanding subsection (1)(c), a minister whoceases, by reason of a general election, to be a member of the parliament; but remains otherwise qualified to be a member of the parliament, shall continue in office until the next appointment of a prime minister. 148. functions, etc., of ministers ministers (including the prime minister) have such titles, portfolios and responsibilities as are determined from time to time by the prime minister. except as provided by a constitutional law or an act of the parliament, all departments, sections, branches and functions of government must be the political responsibility of a minister, and the prime minister is politically responsible for any of them that are not specifically allocated under this section. subsection (2) does not confer on a minister any power of direction or control. subdivision c. the national executive council 149. the national executive council a national executive council is hereby established. the council shall consist of all the ministers (including the prime minister when he is present as chairman). the functions of the council areto be responsible, in accordance with this constitution, for the executive government of papua new guinea; and such other functions as are allocated to it by this constitution or any other law. except where the contrary intention appears, nothing in this constitution prevents the powers, functions, duties or responsibilities of the council from being exercised, as determined by it, through a minister. subject to any organic law or act of the parliament, the procedures of the council are as determined by it. 150. the secretary to the national executive council an office of secretary to the national executive council is hereby established. subject to any act of the parliament, the functions and responsibilities of the secretary of the council shall be as determined by the council. subdivision d. the power of mercy 151. grant of pardon, etc. subject to this subdivision, the head of state, acting with, and in accordance with, the advice of the national executive council, may grant to a person convicted of an offence or held in penal detention under a law of papua new guineaa pardon, either free or conditional; or a remission or commutation of sentence; or a respite of the execution of sentence; or a less severe form of punishment for that imposed by any sentence, and may remit or refund, in whole or in part, any fine, penalty or forfeiture paid or payable to a governmental body. where an offence has been committed, the head of state, acting with, and in accordance with, the advice of the national executive council, may grant a pardon, either free or conditional, to an accomplice who gives evidence that leads to the conviction of a principal offender. except in the case referred to in subsection (2) or as otherwise permitted by or under an act of the parliament, the exercise of the power conferred by subsection (1) shall not be held out, offered or promised in advance of conviction. nothing in this section prevents the establishment by law of systems of probation, parole or release on licence, or any similar systems. 152. advisory committee on the power of mercy an organic law shall make provision for and in respect of an advisory committee on the power of mercy, and for and in respect of its appointment, constitution, powers and procedures. before giving any advice to the head of state under section 151(1) (grant of pardon, etc.,), the national executive council shall consider a report from the advisory committee. subdivision e. general 153. validity of executive acts subsections (2), (3) and (4) are subject to any constitutional law or act of the parliament. the question, whether the procedures prescribed for the national executive council have been or are being complied with, is non-justiciable. the question, whether any, and if so what report has been given to the national executive council by the advisory committee on the power of mercy, is non-justiciable. no act of a minister is open to challenge on the ground that he was not empowered to perform the act, if some other minister, or any minister, was so empowered. this section does not limit the jurisdiction or powers of the ombudsman commission, or of an authority or tribunal established under division iii.2 (leadership code). division 5. the administration of justice subdivision a. general structure and principles of the national justice administration 154. the national justice administration the national justice administration consists ofthe national judicial system; and the minister responsible for the national justice administration; and the law officers of papua new guinea. 155. the national judicial system the national judicial system consists ofthe supreme court; and the national court; and such other courts as are established under section 172 (establishment of other courts). the supreme courtis the final court of appeal; and has an inherent power to review all judicial acts of the national court; and has such other jurisdiction and powers as are conferred on it by this constitution or any other law. the national courthas an inherent power to review any exercise of judicial authority; and has such other jurisdiction and powers as are conferred on it by this constitution or any law, except wherejurisdiction is conferred upon the supreme court to the exclusion of the national court; and the supreme court assumes jurisdiction under subsection (4); and the power of review is removed or restricted by a constitutional law or an act of the parliament. both the supreme court and the national court have an inherent power to make, in such circumstances as seem to them proper, orders in the nature of prerogative writs and such other orders as are necessary to do justice in the circumstances of a particular case. in a case referred to in subsection (3)(e), the national court has nevertheless an inherent power of review where, in its opinion, there are over-riding considerations of public policy in the special circumstances of a particular case. subject to any right of appeal or power of review of a decision, it is the duty of all persons (including the law officers of papua new guinea and other public officers in their respective official capacities), and of all bodies and institutions, to comply with and, so far as is within their respective lawful powers, to put into effect all decisions of the national judicial system. 156. the law officers the law officers of papua new guinea arethe principal legal adviser to the national executive; and the public prosecutor; and the public solicitor. an act of the parliament shall make provision for and in respect of the office referred to in subsection (1)(a). 157. independence of the national judicial system except to the extent that this constitution specifically provides otherwise, neither the minister responsible for the national justice administration nor any other person or authority (other than the parliament through legislation) outside the national judicial system has any power to give directions to any court, or to a member of any court, within that system in respect of the exercise of judicial powers or functions. subdivision b subdivision b. the judicial power 158. exercise of the judicial power subject to this constitution, the judicial authority of the people is vested in the national judicial system. in interpreting the law the courts shall give paramount consideration to the dispensation of justice. 159. tribunals, etc., outside the national judicial system subject to subsection (3), nothing in this constitution prevents an organic law or a statute from conferring judicial authority on a person or body outside the national judicial system, or the establishment by or in accordance with law, or by consent of the parties, of arbitral or conciliatory tribunals, whether ad hoc or other, outside the national judicial system. nothing in, or done in accordance with, subsection (1) affects the operation of section 155(4) or (5) (the national judicial system). no person or body outside the national judicial system, has, or may be given, power to impose a sentence of death or imprisonment, or to impose any other penalty as for a criminal offence, but nothing in this subsection preventsthe imposition, in accordance with law, of disciplinary detention or any other disciplinary punishment (other than death) by a disciplinary authority of a disciplined force on persons subject to the disciplinary law of the force; or the imposition, in accordance with law, of disciplinary punishments (other than death or detention) on members of other state or provincial services; or the imposition of reasonable penalties (other than death or detention) by an association on its members for breaches of its rules. in subsection (3)(a), "disciplined force" has the same meaning as in section 207 (definition of "disciplined force"). subdivision c. the supreme court of justice 160. establishment of the supreme court a supreme court of justice is hereby established. the supreme court is a superior court of record and accordingly, subject to any act of the parliament, has the power to punish the offence against itself commonly known as contempt of court. 161. composition of the supreme court the supreme court shall consist of the chief justice, the deputy chief justice and the other judges of the national court (excluding the acting judges). subject to section 162(2) (jurisdiction of the supreme court) and for the purposes of any hearing, the supreme court shall consist of at least three judges. in a hearing that consists of at least three judges, the chief justice, the deputy chief justice or the most senior judge available shall preside over the court. 162. jurisdiction of the supreme court the jurisdiction of the supreme court is as set out insubdivision ii.2.c (constitutional interpretation); and subdivision iii.3.d (enforcement); and section 155 (the national judicial system), and otherwise as provided by this constitution or any other law. in such cases as are provided for by or under an act of the parliament or the rules of court of the supreme court, the jurisdiction of the supreme court may be exercised by a single judge of that court, or by a number of judges sitting together. the jurisdiction of the supreme court may be exercised by a judge or judges of that court notwithstanding that it is being exercised at the same time by another such judge or judges. the jurisdiction of the supreme court may be exercised either in court or in chambers, as provided by or under an act of the parliament or the rules of court of the supreme court. subdivision d. the national court of justice 163. establishment of the national court a national court of justice is hereby established. the national court is a superior court of record and accordingly, subject to any act of the parliament, has the power to punish the offence against itself commonly known as contempt of court. 164. composition of the national court the national court shall consist ofthe chief justice; and the deputy chief justice; and subject to section 165(2) (acting judges) not less than four or more than six other judges, or such greater number as is determined by or under an act of the parliament. 165. acting judges a person who is qualified under section 168 (qualifications) for appointment may be appointed to be an acting judge of the national courtto fill temporarily a vacancy; or in the case of the absence from duty for any reason of a judge of that court; or to meet a temporary unexpected workload or other exigency of the business of the court. an appointment under subsection (1)(c) may be made without reference to the numerical limit imposed by section 164 (composition of the national court). 166. jurisdiction of the national court subject to this constitution, the national court is a court of unlimited jurisdiction. in particular, the national court has the jurisdiction set out insection 22 (enforcement of the constitution); and subdivision iii.3.d (enforcement); and section 155 (the national judicial system), and otherwise as provided by this constitution or any other law. subject to any act of the parliament and to the rules of court of the national court, the jurisdiction of the national court may be exercised by a single judge of that court, or by a number of judges sitting together. the jurisdiction of the national court may be exercised by a judge or judges of that court notwithstanding that it is being exercised at the same time by another judge or other judges. the jurisdiction of the national court may be exercised either in court or in chambers, as provided by or under an act of the parliament or the rules of court of the national court. 167. assistant judges subject to this section, an act of the parliament may make provision for and in respect of the appointment of assistant judges of the national court, and for and in respect of their qualifications, privileges, powers, functions, duties and responsibilities, and of their terms and conditions of employment. subdivision e. appointment, etc., of judges 168. qualifications the qualifications for appointment as a judge are as determined by or under an act of the parliament. 169. appointment, etc., of the chief justice an office of chief justice of papua new guinea is hereby established. the chief justice shall be appointed by the head of state, acting with, and in accordance with, the advice of the national executive council given after consultation with the minister responsible for the national justice administration. in addition to his other powers, functions, duties and responsibilities, the chief justice, after consultation with the other judges, is responsible for the organization of the affairs and the administration of the business of the supreme court and the national court (other than, except to the extent allowed by or under an act of the parliament, matters relating to the national public service). wherethere is a vacancy in the office of chief justice; or the chief justice is absent from the country or is absent from duty; or the chief justice is unable or unavailable to act; or the chief justice so directs, the powers, functions, duties and responsibilities (other than as acting governor-general) of the chief justice may be exercised and performed by the next most senior judge who is available. the question, whether the occasion for the exercise or performance of the powers, functions, duties and responsibilities of the chief justice by another judge under this section has arisen or has ceased, is non-justiciable. 170. appointment of other judges an office of deputy chief justice of papua new guinea is hereby established. the deputy chief justice and the other judges of the national court (other than the chief justice) and acting judges shall be appointed by the judicial and legal services commission. no appointment of an acting judge shall continue for a period of more than 12 months, but one extension for a period of not more than 12 months may be granted by the judicial and legal services commission. the question, whether the occasion for the appointment of an acting judge has arisen or has ceased, is non-justiciable. 171. seniority of judges subject to subsection (2), the chief justice is the most senior judge, the deputy chief justice is the second senior judge and the other judges (other than acting judges) have seniority according to the dates of their respective appointments, unless otherwise stated in an instrument of appointment. unless otherwise stated in an instrument of appointment, acting judgesrank in seniority after the other judges; and have seniority as between themselves according to the dates of their respective appointments or last appointments, as the case requires. subdivision f. inferior courts, the magisterial service, etc. 172. establishment of other courts subject to this constitution, acts of the parliament may establish, or provide for the establishment of, courts within the national judicial system in addition to the supreme court and the national court, and may define, or provide for the definition of, their respective powers, functions and jurisdiction and their relationship with other components of the national judicial system. courts established under subsection (1) may include courts intended to deal with matters primarily by reference to custom or in accordance with customary procedures, or both. full-time members of courts established under subsection (1) (other than courts referred to in subsection (2)) shall be appointed by the judicial and legal services commission, and may be removed from office in accordance with an act of the parliament, but only for incapacity or misbehaviour (including, if applicable, misconduct in office). acts of the parliament may make provision for or in respect of the appointment and removal from office of members of courts referred to in subsection (2). 173. establishment of the magisterial service a service to be known as the magisterial service is hereby established. the magisterial service consists ofthe chief magistrate; and subject to section 174 (magistrates, etc., outside the magisterial service), all other members of courts established under section 172 (establishment of other courts); and such other persons employed in connection with the national judicial system as are prescribed by or under acts of the parliament. the chief magistrate is responsible to the judicial and legal services commission for the efficient functioning and operation of the magisterial service. subject to the constitutional laws, an act of the parliament shall make provision for and in respect of the magisterial service. 174. magistrates, etc., outside the magisterial service unless and except to the extent that an act of the parliament makes provision to the contrary, members of village courts are not, as such, members of the magisterial service. an act of the parliament may provide for part-time members of courts established under section 172 (establishment of other courts), who need not members of the magisterial service. 175. the chief magistrate an office of chief magistrate is hereby established. the chief magistrate shall be appointed by the judicial and legal services commission. unless and except to the extent that an act of the parliament makes provision to the contrary, the chief magistrate is ex officio a member of all courts (other than village courts) established under section 172 (establishment of other courts), and, if provision is made for grades of powers, functions or jurisdiction within any such courts, has all the powers, functions and jurisdiction of the highest grades. in the performance of his functions under section 173(3) (establishment of the magisterial service), the chief magistrate shall carry out any directions or instructions of the judicial and legal services commission. subdivision g. the public prosecutor and the public solicitor 176. establishment of offices offices of public prosecutor and public solicitor are hereby established. the public prosecutor and the public solicitor shall be appointed by the judicial and legal services commission. subject to this constitutionin the performance of his functions under this constitution the public prosecutor is not subject to direction or control by any person or authority; but nothing in paragraph (a) prevents the head of state, acting with, and in accordance with, the advice of the national executive council, giving a direction to the public prosecutor on any matter that might prejudice the security, defence or international relations of papua new guinea (including papua new guinea's relations with the government of any other country or with any international organization). the prime minister shall table in the national parliament any direction to the public prosecutor at the next sitting of the parliament after the direction is given unless, after consultation with the leader of the opposition, he considers that tabling of the direction is likely to prejudice the security, defence or international relations of papua new guinea. subject to section 177(2) (functions of the public prosecutor and the public solicitor), in the performance of his functions under this constitution the public solicitor is not subject to direction or control by any person or authority. 177. functions of the public prosecutor and the public solicitor the functions of the public prosecutor arein accordance with an act of the parliament subject to division 3 of part viii of this constitution and the rules of court of the supreme court and the national court, to control the exercise and performance of the prosecution function (including appeals and the refusal to initiate and the discontinuance of prosecutions) before the supreme court and the national court, and before other courts as provided by or under acts of the parliament; and to bring or to decline to bring proceedings under division iii.2 (leadership code) for misconduct in office. the functions of the public solicitor are to provide legal aid, advice and assistance for persons in need of help by him, and in particularto provide legal assistance to a person in need of help by him who has been charged with an offence punishable by imprisonment for more than two years; and notwithstanding the provisions of section 176(5) (establishment of offices) he shall provide legal aid, advice and assistance to any person when directed to do so by the supreme court or the national court; and in his discretion in any matter, whether of a criminal or civil nature provided that such assistance shall belimited to advice and preparation of documents in any proceedings in respect of which an act of the parliament prohibits legal representation of any party to the proceedings; and granted in accordance with an order of priorities relative to the resources of the public solicitor laid down by an act of the parliament. a person aggrieved by a refusal of the public solicitor to provide legal aid may apply to the supreme court or the national court for a direction under subsection (2)(b). for the purposes of this section the need of a person is to be interpreted in relation to each particular case and, without limiting the generality of this expression, account shall be taken of the means of the person to meet the probable cost of obtaining alternative legal assistance, the availability of such assistance and the hardship which might result to the person if compelled to obtain legal assistance other than by the public solicitor. an act of parliament may make provision for the public solicitor to make a reasonable charge for services provided by him to persons in need of his help whom he considers are able to make a contribution towards the cost of these services. an act of the parliament may confer, or may provide for the conferring of, additional functions, not inconsistent with the performance of the functions conferred by subsections (1) and (2), on the public prosecutor or the public solicitor. subdivision h. removal from office of senior judicial and legal office-holders 178. grounds of removal a judge, the public prosecutor, the public solicitor or the chief magistrate may, during his term of office, be removed from office onlyfor inability (whether arising from physical or mental infirmity or otherwise) to perform the functions and duties of his office; or for misbehaviour; or in accordance with division iii.2 (leadership code), for misconduct in office. 179. removal from office of chief justice if the national executive council is satisfied that the question of the removal from office of the chief justice should be investigated, the head of state, acting with, and in accordance with, the advice of the national executive council, mayappoint a tribunal under section 181 (constitution, etc., of tribunals); and refer the matter, together with a statement of the reasons for its opinion, to the tribunal for investigation and report to it. if the tribunal reports that there are good grounds for removing the chief justice from office, the head of state, acting with, and in accordance with, the advice of the national executive council, may, by notice in writing to the chief justice, remove him from office. the prime minister shall send a copy of the notice, together with a copy of the report of the tribunal, to the speaker for presentation to the parliament, and shall also forward copies to the judicial and legal services commission. 180. removal from office of other judges, etc. if the judicial and legal services commission is satisfied that the question of the removal from office of a judge (other than the chief justice), the public prosecutor, the public solicitor or the chief magistrate should be investigated, it mayappoint a tribunal under section 181 (constitution, etc., of tribunals); and refer the matter, together with a statement of the reasons for its opinion, to the tribunal for investigation and report to it. if the tribunal reports that there are good grounds for removing the judge, public prosecutor, public solicitor or chief magistrate from office, the judicial and legal services commission, may, by notice in writing to the judge, public prosecutor, public solicitor or chief magistrate, as the case may be, remove him from office. the commission shall send a copy of the notice, together with a copy of the report of the tribunal, to the speaker for presentation to the parliament. 181. constitution, etc., of tribunals a tribunal for the purposes of section 179 (removal from office of chief justice) or 180 (removal from office of other judges, etc.,) shall consist of a chairman and two other members, each of whom must bea judge or former judge of the supreme court or of the national court; or a former judge or acting judge of the pre-independence supreme court; or a judge or former judge of a court of unlimited jurisdiction of a country with a legal system similar to that of papua new guinea, or of a court to which an appeal from such a court lies. the tribunal shall make due inquiry into any matter referred to it without regard to legal formalities or the rules of evidence, and shall inform itself in such manner as it thinks proper, subject to compliance with the principles of natural justice. 182. suspension where a question has been referred to a tribunal under this subdivisionthe head of state, acting with, and in accordance with, the advice of the national executive council, in the case of the chief justice; or the judicial and legal services commission, in any other case, may suspend the person concerned from office pending the report of the tribunal, and may remove the suspension at any time. unless otherwise determined by the head of state, acting with, and in accordance with, the advice of the national executive council, or by the judicial and legal services commission, as the case may be, the suspension shall be on full pay. where at the time of the suspension, a suspended judge or chief magistrate was dealing with any judicial proceedings, he may continue and complete those proceedings, unless the judicial and legal services commission in the case of the chief justice, or the chief justice in any other case, otherwise orders. subdivision i. the judicial and legal services commission 183. establishment of the commission a judicial and legal services commission is hereby established. subject to subsection (3), the commission consists ofthe minister responsible for the national justice administration, or a person nominated by him, who is the chairman; and the chief justice; and the deputy chief justice; and the chief ombudsman; and a member of the parliament appointed by the parliament. when the commission is considering a matter relating to the appointment or removal from office of a member of the magisterial service, or any other matter relating to the magisterial service prescribed for the purposes of this subsection by or under an act of the parliament, the chief magistrate is (except in a matter involving himself) an additional member of the commission. the commission is not subject to direction or control by any person or authority. an organic law may make further provision in respect of the constitution, powers, functions, duties and responsibilities of the commission, and for guaranteeing its independence. subdivision j. miscellaneous 184. rules of court the judges of the supreme court or of the national court may make rules of court, not inconsistent with a constitutional law or an act of the parliament, with respect to the practice and procedure in and in relation to the supreme court or the national court, as the case may be. without limiting the generality of subsection (1), the rules may make provision for and in respect ofthe practice and procedures in the offices of the supreme court and the national court; and the service and execution of process and judgements of the supreme court and the national court; and the service and execution within the country of process and judgements of foreign courts; and the issue by the supreme court or the national court of letters of request for the service in a foreign country of process of the supreme court or the national court, as the case may be, or for the examination of witnesses in a foreign country; and the costs of and relating to proceedings in the supreme court or the national court; and the methods of pleading; and the attendance of witnesses and the taking of evidence; and the means by which particular facts may be proved, and the manner in which evidence of particular facts may be given, in any proceedings or in any application in connection with, or at any stage of, any proceedings. the rules of court may require or permit legal argument to be submitted in writing. if an act of the parliament comes into force that is inconsistent with a rule of court, the rule ceases to have effect to the extent of the inconsistency. all rules of court shall be forwarded by the chief justice to the speaker, for presentation to the parliament, as soon as practicable after being made, and may be disallowed by the parliament. 185. lack of procedural provision if in the circumstances of a particular case before a court no provision, or no adequate provision, is made in respect of a matter of practice or procedure, the court shall give ad hoc directions to remedy the lack or inadequacy. 186. juries and assessors nothing in this division prevents the establishment, by or under an act of the parliament, of a system of juries or assessors. 187. reports by judges the judges shall, at least once in each period of 12 months, at such times as are fixed by or under an act of the parliament or, subject to any such act, by the head of state, acting with, and in accordance with, the advice of the national executive council, give to the head of state, for presentation to the parliament, a report on the work of the national judicial system, with such recommendations as to improvement as they think proper. nothing in subsection (1) prevents the judges from making, on their own initiative or at the request of the parliament or of the national executive, other reports on any aspect of the work of the national judicial system. part via. provincial governments and local-level governments 187a. provincial governments and local-level governments system there shall be a system of provincial governments and local-level governments for papua new guinea in accordance with this part. 187b. grant of provincial government and local-level government an organic law shall provide for, or make provision in respect of, the form and the manner of establishment of the provincial governments and the local-level governments. 187c. constitution, functions, etc., of provincial governments and local-level governments subject to this part, an organic law shall make provision in respect of the constitution, powers and functions of a provincial government or a local-level government. for each provincial government and local-level government, there shall be established— a mainly elective (elected directly or indirectly), legislature with such powers as are conferred by law; and an executive; and an office of head of the executive. an organic law shall provide for the minimum number of members for the provincial assemblies and local-level governments and the maximum number of members that may be appointed as nominated members of provincial assemblies and local-level governments. an organic law shall make provision for and in respect of— grants by the national government to provincial governments and local-level governments; and subject to subsection (4a), the imposition, collection and distribution of taxation by provincial governments and local-level governments, and may make other financial provisions for provincial governments and local-level governments, to an extent reasonably adequate for the performance of their functions. where an organic law provides for the imposition, collection and distribution by provincial governments and local-level governments of sales and service tax, it may also provide that the national government has concurrent power to impose, collect and distribute sales and service tax. an act or acts of parliamentpassed during the period between 19 july 1995 and the date of certification of constitutional amendment (sales and services); and providing for the national government to impose, collect and distribute a sales and service tax (by whatever name known), are validated, to the extent that the provisions of the act or acts were in contravention of this constitution, in accordance with schedule 6. an organic law shall make provision for the devolution and delegation to each provincial government and local-level government of substantial powers of decision-making and substantial administrative powers in respect of matters of direct concern to the province and to the local-level government area. an organic law shall make provision in respect of the legislative powers of provincial governments and local-level governments. a question of the adequacy of provision made under subsection (3), (4), (5) or (6) is non-justiciable. elections to a local-level government shall be conducted, in accordance with an organic law, by the electoral commission. 187d. inconsistency and justiciability of provincial laws and local-level laws subject to any constitutional law, the application by its own force of an act of the parliament is not affected by a provincial law or a local-level law. nothing in this part authorises the making of a provincial law or a local-level law, or authorises any other action, that is inconsistent with— this constitution (and in particular with division 3 (basic rights)); or an organic law, and all questions as to such consistency are justiciable. in order to avoid fruitless controversy and litigation, an organic law may provide that a question as to the effect of subsection (1) is non-justiciable either absolutely or to the extent or in the cases prescribed by the organic law, except in proceedings between the national government and a provincial government or a local-level government, or between governments. 187e. suspension of provincial governments and local-level governments where a provincial government or a local-level government undermines or attempts to undermine the authority of the national parliament or the national unity, the national executive council may provisionally suspend the provincial government or the local-level government concerned subject to confirmation by an absolute majority vote of the parliament. an organic law may make provision for and in respect of the procedures to be followed in the exercise of the powers under subsection (1). an organic law may make provision for further defining any matter referred to in subsection (1). the national executive council may suspend a provincial government or a local-level government that cannot carry out its functions effectively because of a war or a national emergency declared under part x (emergency powers) affecting the province, local-level government area or the whole of the country. while a provincial government or a local-level government is suspended, its powers and functions are vested in and shall be exercised by or on behalf of the national executive council, in accordance with an organic law. where a provincial government or a local-level government is suspended— in the case of a suspension under subsection (4), the minister responsible for provincial government and local-level government matters, shall, as soon practicable and in any event not later than the first meeting of the parliament after the suspension, table in the parliament a report on the suspension, the reasons for it and the circumstances of it; and at each meeting of the parliament during the suspension, the minister responsible for provincial government and local-level government matters shall report to the parliament on the measures taken to re-establish the provincial government or the local-level government, as the case may be. 187f. re-establishment of provincial governments and local-level governments subject to subsections (2) and (3), if a provincial government or a local-level government is suspended, arrangements shall be made to re-establish it within nine months from the effective date of suspension. subject to subsections (3) and (4), where— a provincial government or a local-level government is suspended under section 187e(4) (suspension of provincial governments and local-level governments) as a result of a declaration of a national emergency under section 228 (declaration of national emergency); and the declaration is extended under section 239(3) (parliamentary control), the period of nine months referred to in subsection (1) runs from the end of the meeting (or if there are more such extensions than one the last meeting) of the parliament at which the declaration is so extended. a period of nine months referred to in the preceding provisions of this section may be extended by periods, each not exceeding six months, by the parliament by a simple majority vote. subject to subsection (3), where a provincial government or a local-level government is suspended under section 187e(4) (suspension of provincial governments and local-level governments) the period of suspension, unless earlier terminated, ends at the end of nine months after the end of the war or national emergency concerned. 187g. gradations of provincial governments and local-level governments nothing in any law is inconsistent with this part so far as it provides for the full status, powers or functions of provincial governments and local-level governments to be acquired by a provincial government and a local-level government in stages, or provides for a gradation of provincial governments and local-level governments or provides for interim provincial governments. 187h. national economic and fiscal commission an organic law shall make provision for an in respect of a national economic and fiscal commission. the commission, in addition to any other functions prescribed by an organic law, shallassess and monitor the economic and fiscal policies of the national government, provincial governments and local-level governments; and advise and recommend to the national executive council, appropriate policies; and make recommendations to the national executive council and to the national parliament on the financial arrangements and allocation of grantsby the national government to provincial governments and local-level governments; and between provincial governments and local-level governments. 187i. local and village governments until an organic law makes provision for government at the local level, and such provision is implemented in accordance with the organic law the local government act (chapter 57), as in force from time to time, continues to apply in respect of such government in the province. an organic law shall make provision for the respective powers of the national government and of provincial governments concerning local-level governments. 187j. reports on provincial governments and local-level governments the minister responsible for provincial government and local-level government matters shall, at least once in each period of 12 months, at such times as are fixed— by or under an act of the parliament; or subject to any such act, by the head of state, acting with, and in accordance with, the advice of the national executive council, present to the head of state, for presentation to the parliament, a report on the working of the system of provincial governments and local-level governments.”. part vii. the state services division 1. introductory 188. establishment of the state services the following state services are hereby established:the national public service; and the police force; and the papua new guinea defence force; and the parliamentary service. acts of the parliament may make provision for or in respect of other state services. 189. civilian control all of the state services other than the defence force shall be civilian services, and all of the state services shall be subject at all times to ultimate civilian control. division 2. the public services commission 190. establishment of the commission a public services commission is hereby established. the commission shall consist of three members who shall be appointed for a term of five years by the head of state, acting with, and in accordance with, the advice of a public services commission appointments committee consisting ofthe prime minister, who shall be chairman; and the chief justice; and the leader of the opposition; and the chairman of the appropriate permanent parliamentary committee, or, the chairman is not a member of the parliament who is recognized by the parliament as being generally committed to support the government in the parliament, the deputy chairman of that committee; and the chief ombudsman. the head of state, acting with, and in accordance with, the advice of the public services commission appointments committee, shall appoint one of the members of the public services commission to be chairman of the public services commission. all of the members of the commission must be citizens who have gained substantial experience in the public service. subject to this constitution, an act of the parliament shall make provision for and in respect of acting appointments and conditions of employment of the chairman and members of the commission, and for and in respect of its constitution, powers and procedures. 191. functions of the commission the public services commission shall be responsible, in accordance with an act of the parliament, forthe review of personnel matters connected with the national public service; and the continuous review of the state services (other than the papua new guinea defence force), and the services of other governmental bodies, and to advise, either on its own initiative or on request, the national executive council and any authority responsible for any of those services, on organizational matters. the public services commission has such other functions as may be prescribed by or under a constitutional law or an act of the parliament. in carrying out its functions under subsection (1)(b), the public services commissionshall take into account the government policy on a particular matter when advising the national executive council and the other authorities responsible for those services; and shall not have any power to direct or control a state service or the services of other governmental bodies. the public services commission shall, in respect of each year, prepare and forward to the speaker for presentation to the parliament, a report on the advice it has given during the year to the national executive council or other authorities in accordance with subsection (1)(b) indicating in particular the nature of the advice given and whether or not that advice was accepted. 192. independence of the commission the public services commission is not subject to direction or control when carrying out its functions under section 191(1)(a) (functions of the constitution). 193. appointment to certain offices this section applies to and in respect of the following offices and positions:all offices in the national public service the occupants of which are directly responsible to the national executive council or to a minister; and the offices of the members of the boundaries commission; and the office the occupant of which is responsible for the administration of the government broadcasting service, or, if that responsibility rests with a board or commission, the chairman or president of the board or commission; and the offices of the persons (including members of boards or commissions) responsible for the administration of any of the state services; and the office of commissioner of police; and the office of commander of the defence force; and the office of secretary to the national executive council; and such other offices and positions as are prescribed by an act of the parliament for the purpose, other than the offices of the members of the public services commission. all substantive appointments to offices to which subsection subsection (1)(a), (g) and (h) apply shall be made by the head of state, acting with, and in accordance with, the advice of the national executive council from a list of persons selected and recommended through merit based selection and appointment procedures prescribed by or under an act of the parliament. all temporary appointments to offices to which subsection subsection (1)(a), (g) and (h) apply shall be made by the head of state, acting with, and in accordance with, the advice of the national executive council given in accordance with procedures prescribed by or under an act of the parliament. the revocation of appointment of persons appointed under subsection (1a) or (1b) shall be made by the head of state, acting with, and in accordance with, the advice of the national executive council given in accordance with procedures prescribed by or under an act of the parliament. the suspension from office of persons appointed under subsection (1a) or (1b) shall be made by the head of state, acting with, and in accordance with, procedures prescribed by or under an act of the parliament. notwithstanding the procedures provided by an act of parliament under subsection (1a) to (1d), the public services commission shall exercise its powers under section 191 from time to time to review the appointments made under section 193. all appointments (whether temporary or substantive) to offices to which subsection (1)(b), (c), and (e) apply shall be made by the head of state, acting with, and in accordance with, the advice of the national executive council given after consultation with the public services commission and any appropriate permanent parliamentary committee, and a report concerning each of them shall be given to the parliament by the responsible minister as soon as possible after it has been made. all appointments (whether temporary or substantive) to which subsection (1)(d) and (f) apply and such other offices and positions as are prescribed by an act of the parliament for the purpose of this subsection, shall be made by the head of state, acting with, and in accordance with, the advice of the national executive council given after consultation with the public services commission. an act of the parliament may make provision for and in respect of a temporary appointment to an office to which this section applies until such time as it is practicable to make an appropriate substantive appointment in accordance with subsection (2). 194. personnel matters in this division "personnel matters" means decisions and other service matters concerning an individual whether in relation to his appointment, promotion, demotion, transfer, suspension, disciplining or cessation or termination of employment (except cessation or termination at the end of his normal period of employment as determined in accordance with law), or otherwise. division 3. the state services generally 195. organization, etc., of the state services subject to this part, acts of the parliament may make provision for or in respect of the state services, and in particular for and in respect ofthe structures and organizations of the state services; and the employment of persons in the state services; and the terms and conditions of appointment to, and of employment in, the state services. division 4. special provisions in relation to the police force 196. control of the police force the police force is subject to the control of the national executive council through a minister. the minister has no power of command within the police force, except to the extent provided for by a constitutional law or an act of the parliament. 197. functions of the police force the primary functions of the police force are, in accordance with the constitutional laws and acts of the parliamentto preserve peace and good order in the country; and to maintain and, as necessary, enforce the law in an impartial and objective manner. subject to subsection (4), insofar as it is a function of the police force to lay, prosecute or withdraw charges in respect of offences, the members of the police force are not subject to direction or control by any person outside the force. it is a further function of the police force to assist in the fulfillment by papua new guinea of its international obligations by taking part in an international peace-keeping or relief operation. the police force, or a part of the police force, in respect of its functions under subsection (3)– may be ordered on or committed to an international peace-keeping or relief operation only by the head of state, acting with, and in accordance with, the advice of the national executive council, given after the approval of the parliament; and shall operate in another country in accordance with an act of the parliament which makes provision for its presence in that other country and in particular for or in respect of– the assertion of the exclusive jurisdiction of courts and tribunals of papua new guinea, and of police force authorities, over members of the police force in that other country; and the manner of its operations in that other country. 198. commissioner of police there shall be, within the police force, an office of commissioner of police, who shall be responsible for the superintendence, efficient organization and control of the force in accordance with an act of the parliament. 199. other forces there shall be only one police force in papua new guinea, but this section does not preventthe creation of reserve or special forces, or other similar forces (by whatever name known); or the creation of special bodies, or the authorization of persons other than members of the police force, for the administration or enforcement of particular laws; or the conferring of police powers on persons who are not members of the police force, by or under an act of the parliament. division 5. special provisions in relation to the defence force 200. raising unauthorized forces it is strictly forbidden to establish, equip, train or take part in or associate with a military or para-military force, or to organize or take part in military or para-military training, except such as is provided for by this constitution, or to plan, prepare for or assist in the raising or training of such a force or in such training. subsection (1) does not preventthe establishment of a reserve, auxiliary or special force (by whatever name known) as part of the defence force; or the establishment of civilian components of the defence force, or the establishment or recognition of non-combatant units or organizations within, attached to or associated with the defence force, in accordance with an act of the parliament. an act of the parliament may provide that subsection (1) does not apply to the armed forces of any other country specified in or under the act, or to the civilian components of, or to the noncombatant units or organizations whether attached to or associated with such forces. 201. control of the defence force there shall be no office of commander-in-chief of the defence force, whether honorary or otherwise. the defence force is subject to the superintendence and control of the national executive council, through the minister responsible for the defence force. no serving member of the defence force may be the minister responsible for the defence force. the minister responsible for the defence force shall not use any military rank or title, and, except to the extent provided for by constitutional law or an act of the parliament, has no power of command within the defence force. there shall bewithin the defence force, an office of commander of the defence force, who shall be the principal military adviser to the minister responsible for the defence force on matters relating to the defence force; and within the national public service, an officer of the service, who shall be the principal civilian adviser to the minister on matters relating to the defence force, and each of whom shall have such other powers, functions, duties and responsibilities as are prescribed by or under an act of the parliament. 202. functions of the defence force the functions of the defence force areto defend papua new guinea and its territory; and to assist in the fulfilment by papua new guinea of its international obligations; and to provide assistance to civilian authoritiesin a civil disaster; or in the restoration of public order and security on being called out in accordance with section 204 (call-out in aid to the civil power); or in accordance with an act of the parliament during a period of declared national emergency under part x (emergency powers); and to perform, as directed, functions and services of a civil nature so as to participate to the maximum in the task of national development and improvement, either within the country or outside it, in accordance with this constitution and acts of the parliament. 203. application of general law since it is necessary that the defence force and the members of the defence force have no special position under the law except to such extent as is required by the nature of the force as a disciplined force and its peculiar functions, duties and responsibilities, it is hereby declared that, except as is specifically provided by a constitutional law or an act of the parliament, the defence force and the members of the defence force are subject to all laws in the same way as other bodies and persons. 204. call-out in aid to the civil power the defence force or a part of the defence force may be called out to perform functions under section 202(c)(ii) (functions of the defence force) only by the head of state, acting with, and in accordance with, the advice of the national executive council. when called out in accordance with subsection (1), the defence force or a part of the defence forcedoes not have, and shall not be given, any power or protection that would not be possessed by the police force or the members of the police force in similar circumstances; and shall support the police force for so long and so far as is necessary to enable the police force to restore public order and security; and in so doing shall act only on, and to the extent specified in, a request by the appropriate civilian authority in accordance with an act of the parliament; and shall cease to act in support of the police force when directed to do so by the head of state, acting with, and in accordance with, the advice of the national executive council. 205. active service except for the purposes of defence against attack, the defence force or a part of the defence forcemay be ordered on active service only by the head of state, acting with, and in accordance with, the advice of the national executive council; and may be sent out of the country only by the authority of and on conditions imposed by the head of state, acting with, and in accordance with, the advice of the national executive council. the defence force or a part of the defence force may not be ordered on, or committed toactive service; or an international peace-keeping or relief operation, outside the country without the prior approval of the parliament. if practicable before, and in any event as soon as practicable after, action is taken under subsection (1) or the defence force becomes engaged in war or warlike operations, or in defence against attack, the parliament shall be advised of the action taken, or likely to be taken, and of the reasons for it, and shall be given an opportunity to debate the matter. subsection (1)(b) does not preventthe defence force or a part of the defence force being sent out of the country for normal administrative or training purposes; or any action that is required or permitted by an act of the parliament for the purposes of enforcing a law. 206. visiting forces an act of the parliament may make provision for or in respect ofthe presence in the country, by arrangement with the national executive, of forces of another country; and the presence in another country of the defence force or a part of the defence force, and in particular for or in respect ofthe concession to courts or tribunals, and to service authorities, of the other country of jurisdiction over members of its forces (other than citizens of papua new guinea) in relation to some or all civil and criminal matters; or the assertion of the exclusive jurisdiction of courts and tribunals of papua new guinea, and of defence force authorities, over members of the defence force in another country. except in relation to its own members or to civilian components of, or civilians accompanying, the force, a visiting force of another country shall not be used in the country in any role in which the defence force may not be used, and accordingly any law that restricts the role, powers or functions of the defence force or of members of the defence force applies equally to visiting forces and members of visiting forces. a law made for the purposes of subsection (1) may apply, in whole or in part, to civilian components of, or civilians accompanying, the defence force or a part of the defence force, or to civilian components of, or civilians accompanying a visiting force. division 6. special provisions relating to disciplined forces 207. definition of "disciplined force" the following are, for the purposes of this division, disciplined forces:the police force; and the defence force; and any other force or service thatis established by or under a statute; and is declared by an organic law to be a disciplined force for the purpose of this division. for the purposes of any organic law made for the purposes of this division, a person acting, as required or authorized by law, under the direction of a member of a disciplined force, for the purpose of assisting in the performance of the functions or duties of the member or of the force, shall be deemed to be a member of that force. 208. protection of members of disciplined forces because of the special nature of disciplined forces and of their operations, it is a primary duty of their members to obey lawful orders, and accordingly an organic law shall make special provision for relieving a member of such a force from responsibility for the consequences ofcarrying out a lawful order; or carrying out an order which he honestly, and on reasonable grounds believed to be a lawful order, in which case the onus of establishing his belief and the reasonable grounds on which it was based, shall be upon him. without derogating any other right to compensation from an authority responsible for the disciplined force concerned, an organic law made for the purposes of subsection (1) shall make provision for any liability to make compensation that would otherwise lie on a member of a disciplined force to lie on the authority responsible for the force. part viia. regulatory statutory authorities 208a. declaration of regulatory statutory authorities the following are regulatory statutory authorities for the purposes of this part:– a body corporate established by an act of parliament to perform specific statutory functions; and a body corporate incorporated by authority of an act of parliament, and declared by an act of parliament to be a body to which this part applies. an act of the parliament may make provision for or it respect of other regulatory statutory authorities to which this part applies. 208b. appointments to certain offices of regulatory statutory authorities this section applies to and in respect of the following officers and positions:– all offices of chief executive officers of regulatory statutory authorities; and all offices of non ex officio member of boards of regulatory statutory authorities; and such other offices and positions as are prescribed by an act of parliament for the purpose. all appointments (whether temporary or substantive) to offices to which subsection (1)(a) applies shall be made by the head of state, acting with, and in accordance with, the advice of the national executive council given after considering recommendations from the relevant minister, acting on the advice of the relevant board, following procedures prescribed by an act of parliament. all temporary appointments (whether temporary or substantive) to offices to which subsection (1)(a) applies shall be made by the national executive council given after considering recommendations from the relevant minister, acting on the advice of the relevant board, following procedures prescribed by an act of parliament. the revocation of appointments of persons appointed under subsection (1)(a) shall be made by the head of state, acting with, and in accordance with, the advice of the national executive council given after considering recommendation from the relevant minister, acting on the advice of the relevant board, following procedures by an act of parliament. the suspension from office of persons appointed under subsection (1)(a) shall be made by the head of state, acting with, and in accordance with, the advice of the national executive council given after considering recommendations from the relevant minister, acting on the advice of the relevant board following procedures prescribed by an act of parliament. all appointments (whether temporary or substantive) to offices to which subsection (1)(b) applies shall be made by the head of state, acting with, and in accordance with, the advice of the national executive council given after considering recommendations from the relevant minister following procedures prescribed by an act of parliament. part viii. supervision and control division 1. public finances subdivision a. the parliament and finance 209. parliamentary responsibility notwithstanding anything in this constitution, the raising and expenditure of finance by the national government, including the imposition of taxation and the raising of loans, is subject to authorization and control by the parliament, and shall be regulated by an act of the parliament. for each fiscal year, there shall be a national budget comprisingestimates of finance proposed to be raised and estimates of proposed expenditure by the national government in respect of the fiscal year; and separate appropriations for the service of that year in respect ofthe services of the parliament; and general public services; and the services of the judiciary; and such other supplementary budgets and appropriations as are necessary. for the purposes of this sub-division"the services of the parliament" include the salaries and allowances (financial and otherwise) of the members of parliament, the maintenance of the precincts of the parliament, and the parliamentary service established under the parliamentary service act (chapter 26); and "the services of the judiciary" includethe salaries and allowances (financial and otherwise) of judges of the supreme and national courts; and the maintenance of the supreme and national courts; and the national judicial staff service established under the national judicial staff service act 1987; and the salaries and allowances (financial and otherwise) of all persons appointed under the supreme court act (chapter 37), the national court act (chapter 38) and the sheriff act (chapter 55). for the purposes of subsection (2)(b)(i) and (iii), the speaker of the parliament and the chief justice respectively shall, before 30 september each year, submit to the prime minister estimates of expenditure for the services of the parliament and the services of the judiciary respectively in the following fiscal year. before any budget or appropriation is prepared for submission to the parliament, the national executive council shall consult with any appropriate permanent parliamentary committee, but this subsection does not confer any right or impose any duty of consultation after the initial stages of the preparation of the budget or appropriation. 210. executive initiative the parliament shall not provide for the imposition of taxation, the raising of loans or the expenditure of public moneys of papua new guinea except on the recommendation of the head of state, acting with, and in accordance with, the advice of the national executive council. subject to subsections (3) and (4), parliament may reduce, but shall not increase or reallocate, the amount or incidence of, or change the purpose of, any proposed taxation, loan or expenditure. where, in the opinion of the parliament, the proposed expenditure for the services of the parliament or the services of the judiciary is below the estimate submitted by the speaker or chief justice respectively and is insufficient adequately to meet the requirements of that service, the parliament may increase the expenditure to an amount not exceeding the original estimates submitted by the speaker or the chief justice, as the case may be, under section 209(2b). for the purposes of subsection (3), the parliament may re-allocate, or reduce and re-allocate, the amount of expenditure appropriated for any purpose. 211. executive initiative all moneys of or under the control of the national government for public expenditure and the parliament and the judiciary for their respective services shall be dealt with and properly accounted for in accordance with law. no moneys of or under the control of the national government for public expenditure and the parliament and the judiciary for their respective services shall be expended except as provided by this constitution or by or under an act of the parliament. 212. revenue and expenditure without prior approval if at the beginning of a fiscal year the parliament has not made provision for public expenditure by the national executive or expenditure by the parliament or the judiciary for their respective services for that year, the national executive, the parliament or the judiciary, as the case may be, may without authorization other than this section but may, in accordance with an act of the parliament, expend amounts appropriated out of the consolidated revenue fund for the purpose not exceeding in total one-third of its respective budgeted expenditure during the immediately preceding fiscal year. the authority conferred by subsection (1) lapses when the parliament has made provision for the public expenditure for the fiscal year in question, and any amounts expended by virtue of that subsection are a charge against the expenditure so provided for and shall be properly brought to account accordingly. subdivision aa. the sovereign wealth fund 212a. sovereign wealth fund there is established a fund to be called sovereign wealth fund. an organic law may make further provision in respect of the sovereign wealth fund. subdivision b. the auditor-general 213. establishment of the office of auditor-general an office of auditor-general is hereby established. the auditor-general shall be appointed by the head of state, acting with, and in accordance with, the advice of the national executive council given after receiving reports from the public services commission and the public accounts committee. in the performance of his functions under this constitution, the auditor-general is not subject to the control or direction of any person or authority. 214. functions of the auditor-general the primary functions of the auditor-general are to inspect and audit, and to report at least once in every fiscal year (as provided by an act of the parliament) to the parliament on the public accounts of papua new guinea, and on the control of and on transactions with or concerning the public moneys and property of papua new guinea, and such other functions as are prescribed by or under a constitutional law. unless other provision is made by law in respect of the inspection and audit of them, subsection (1) extends to the accounts, finances and property ofall arms, departments, agencies and instrumentalities of the national government; and all bodies set up by an act of the parliament, or by executive or administrative act of the national executive, for governmental or official purposes. notwithstanding that other provision for inspection or audit is made as provided for by subsection (2), the auditor-general may, if he thinks it proper to do so, inspect and audit, and report to the parliament on, any accounts, finances or property of an inspection referred to in that subsection, insofar as they relate to, or consist of or are derived from, public moneys or property of papua new guinea. an act of the parliament may expand, and may provide in more detail for, the functions of the auditor-general under subsections (1), (2) and (3), and may confer on the auditor-general additional functions and duties not inconsistent with the performance of the functions and duties conferred and imposed by those subsections. subdivision c. the public accounts committee 215. establishment of the committee there shall be a public accounts committee, which is a permanent parliamentary committee for the purposes of subdivision vi.2.e (the committee system). 216. functions of the committee the primary function of the public accounts committee is, in accordance with an act of the parliament, to examine and report to the parliament on the public accounts of papua new guinea and on the control of and on transactions with or concerning, the public moneys and property of papua new guinea. subsection (1) extends to any accounts, finances and property that are subject to inspection and audit by the auditor-general under section 214(2) (functions of the auditor-general), and to reports by the auditor-general under that subsection or section 214(3) (functions of the auditor-general). an act of the parliament may expand, and may provide in more detail for, the functions of the committee under subsections (1) and (2), and may confer on the committee additional functions and duties not inconsistent with the performance of the functions and duties conferred and imposed by those subsections. division 1a. salaries and remuneration commission 216a. the salaries and remuneration commission a salaries and remuneration commission is hereby established. the commission shall consist ofthe speaker of the parliament as the chairman when attending, or in his absence, his nominee who shall be the deputy speaker; and the prime minister or, in his absence, his nominee who shall be a minister; and the leader of the opposition or, in his absence, his nominee who shall be a member of parliament in the opposition; and the chief justice or, in his absence, his nominee who shall be nominated after consultation with the judges to represent the judges; and the head of the department of personnel management or in his absence, his nominee who shall be an officer of that department; and the head of the department of labour and employment or, in his absence, his nominee who shall be an officer of that department. the commission is responsible for recommending to the parliament from time to time, at intervals determined by itthe salaries, allowances and benefits, financial and otherwise (including pensions and retirement benefits if they are not provided for by law other than this provision), for all or any members of the parliament; and the salaries, allowances and benefits, financial and otherwise (including pensions or retirement benefits), for all or any members of provincial assemblies and members of local-level governments; and the salaries, allowances and benefits, financial and otherwise (including pensions or retirement benefits if they are not provided for by law other than this provision) for all the judges; and the salaries, allowances and benefits, financial or otherwise (including pensions or retirement benefits if they are not provided for by law other than this provision) for all constitutional office-holders. the salaries, allowances and benefits, financial and otherwise (including pensions or retirement benefits if they are not provided for by law other than this provision) for all departmental heads and the heads of all bodies set up by statute for governmental or official purposes; and the salaries, allowances and benefits, financial and otherwise (including pensions or retirement benefits if they are not provided for by law other than this provision) for the heads of all bodies (including companies incorporated under any law) in which the national government has a financial interest and which are declared by the head of state, acting with, and in accordance with, the advice of the national parliament to be bodies to which this provision applies; and that the parliament considers, and approves or rescinds, and decision made by the salaries and conditions monitoring committee which the commission, after consideration, is of the opinion should be referred to the parliament. the parliament shall determine the salaries, allowances and benefits, financial and otherwise of the members of the parliament, provincial assemblies, the judges and other constitutional office-holders in accordance with recommendations of the commission made under subsection (3). parliament may accept or reject, but may not amend, any recommendations of the commission. effect may be given to the provisions of a recommendation by the commission under subsection (3)(a) to (f) inclusive pending the acceptance or rejection of the recommendation by the parliament and where effect is so given and the parliament subsequentlyaccepts the recommendation the provisions of the recommendation are deemed to have had effect from the date on which they were so effected; and rejects the recommendation the provisions of the recommendationcease to have effect from the date on which they are rejected by the parliament are deemed to have been valid from the date on which they were effected until the date on which they are rejected by the parliament. an act of the parliament shall make further provision in respect ofthe salaries and remuneration for the holders of the different offices or levels of offices held bymembers of the parliament; and members of provincial assemblies; and the judges; and other constitutional office-holders; and the powers and procedures of the commission and generally in respect of it. the provisions of this section apply notwithstanding any law that prescribes a code of conduct for leaders or imposes a duty, restraint or obligation on leaders acquiring a benefit or gain. division 2. the ombudsman commission 217. the ombudsman commission there shall be an ombudsman commission, consisting of a chief ombudsman and two ombudsmen. the members of the commission shall be appointed by the head of state, acting with, and in accordance with, the advice of an ombudsman appointments committee consisting ofthe prime minister, who shall be chairman; and the chief justice; and the leader of the opposition; and the chairman of the appropriate permanent parliamentary committee, or, if the chairman is not a member of the parliament who is recognized by the parliament as being generally committed to support the government in the parliament, the deputy chairman of that committee; and the chairman of the public services commission. the salary and other conditions of employment of the chief ombudsman shall not be less than or inferior to the salary and other conditions of employment of a judge other than the chief justice and the deputy chief justice without taking into account any conditions of employment personal to that judge. the salary and other conditions of employment of the ombudsmen shall be not less than or inferior to the salary and other conditions of employment of the public prosecutor, without taking into account any conditions of employment personal to any particular public prosecutor. in the performance of its functions under section 219 (functions of the commission) the commission is not subject to direction or control by any person or authority. the proceedings of the commission are not subject to review in any way, except by the supreme court or the national court on the ground that it has exceeded its jurisdiction. an organic law shall make further provision in respect of the appointment, powers, procedures and immunity of the commission. [repealed] 218. purposes of the commission the purposes of the establishment of the ombudsman commission areto ensure that all governmental bodies are responsive to the needs and aspirations of the people; and to help in the improvement of the work of governmental bodies and the elimination of unfairness and discrimination by them; and to help in the elimination of unfair or otherwise defective legislation and practices affecting or administered by governmental bodies; and to supervise the enforcement of division iii.2 (leadership code). 219. functions of the commission subject to this section and to any organic law made for the purposes of subsection (7), the functions of the ombudsman commission areto investigate, on its own initiative or on complaint by a person affected, any conduct on the part ofany state service or provincial service, or a member of any such service; or any other governmental body, or an officer or employee of a governmental body; or any local government body or an officer or employee of any such body; or any other body set up by statutethat is wholly or mainly supported out of public moneys of papua new guinea; or all of, or the majority of, the members of the controlling authority of which are appointed by the national executive, or an officer of employee of any such body; and any member of the personal staff of the governor-general, a minister or the leader or deputy leader of the opposition; or any other body or person prescribed for the purpose by an act of the parliament, specified by or under an organic law in the exercise of a power or function vested in it or him by law in cases where the conduct is or may be wrong, taking into account, amongst other things, the national goals and directive principles, the basic rights and the basic social obligations; and to investigate any defects in any law or administrative practice appearing from any such investigation; and to investigate, either on its own initiative or on complaint by a person affected, any case of an alleged or suspected discriminatory practice within the meaning of a law prohibiting such practices; and any functions conferred on it under division iii.2 (leadership code); and any other functions conferred upon it by or under an organic law. subject to subsections (3), (4) and (5), and without otherwise limiting the generality of the expression, for the purposes of subsection (1)(a) conduct is wrong if it iscontrary to law; or unreasonable, unjust, oppressive or improperly discriminatory, whether or not it is in accordance with law or practice; or based wholly or partly on improper motives, irrelevant grounds or irrelevant considerations; or based wholly or partly on a mistake of law or of fact; or conduct for which reasons should be given but were not, whether or not the act was supposed to be done in the exercise of deliberate judgement within the meaning of section 62 (decisions in "deliberate judgement"). the commission shall not inquire into the justifiability of a policy of the national government or a minister or a provincial government or a member of a provincial executive, except insofar as the policy may be contrary to law or to the national goals and directive principles, the basic rights or the basic social obligations, or of any act of the parliament. the commission shall not inquire into the exercise of a rule-making power by a local government body. the commission shall not inquire into a decision by a court, except insofar as the decision may show an apparent defect in law or administrative practice to which subsection (1)(b) would apply. except as provided by or under division iii.2 (leadership code), the commission's powers of enforcement are limited to publicity for its proceedings, reports and recommendations, to the making of reports and recommendations to the parliament and other appropriate authorities as provided by an organic law, and to the giving of advice. an organic law shall make provision in respect of the powers and procedures of the commission, and in particularshall, subject to paragraph (b), make provision for the commission to have access to all available relevant information; and may impose reasonable restrictions on the availability of information; and shall make provision to ensure the secrecy or confidentiality of secret or confidential information made available to the commission or to a member of the commission or of its staff; and may limit or restrict to a reasonable extent and in a reasonable manner the jurisdiction of the commission in relation to any matters or class of matters, and in particular in relation to national security; and shall make provision for and in respect of publicity for the proceedings, reports and recommendations of the commission. in this section, "conduct" includesany action or inaction relating to a matter of administration; and any alleged action or inaction relating to a matter of administration. 219a. ombudsman commeission committee an organic law or an act of parliament may provide for the establishment of an ombudsman commission committee, which is a permanent parliamentary committee for the purposes of subdivision vi.2.e (the committee system) of the constitution. the primary function of the ombudsman commission committee is, in accordance with an organic law or an act of parliamentto consider and report on any report relating to an administrative complaint; and to monitor and review any aspect of the workings, functions, operations and administration of the ombudsman commission; and to investigate, on its own initiative or on complaint by a person affected and report to parliament, any conduct on the part ofthe ombudsman commission or an ombudsman commissioner; or governmental body or an officer or employee of a governmental body, where the conduct is or may be wrong; and to refer a matter to the appropriate authorities for further investigation and prosecution, disciplinary action and to ensure compliance with the laws, as the case may be. an organic law or an act of parliament may provide for the membership, procedure and expand the functions of the committee under subsection (2) and may confer additional functions and duties not inconsistent with the performance of the functions and duties conferred and imposed by subsection (2). 220. reports by the commission the ombudsman commission shall, at least once in each period of 12 months, at such time as is fixed by or under an act of the parliament or, subject to any such act, by the head of state, acting with, and in accordance with, the advice of the national executive council, give to the head of state, for presentation to the parliament, a report on the functions and workings of the commission, with such recommendations as to improvement as the commission thinks proper. nothing in subsection (1) prevents the commission from making, on its own initiative or at the request of the parliament or of the national executive, other reports on any aspect of the functions and workings of the commission. division 3. the independent commission against corruption 220a. interpretation for the purposes of this division, unless the contrary intention appears"appointments committee" means the appointments committee established under section 220b(2); "commission" means the independent commission against corruption established under section 220b(1); "corrupt conduct" means any conduct, act or omission defined in an organic law as a corrupt conduct; "member" means a member of the commission; "oversight committee" means the committee prescribed under section 220g. 220b. the independent commission against corruption there shall be an independent commission against corruption consisting of a commissioner and two deputy commissioners. there shall be an independent commission against corruption appointments committee. the members of the commission shall be appointed by the head of state, acting on, and in accordance with, the advice of the appointments committee. an organic law shall make further provision forthe composition of the appointments committee; and members of the appointments committee (including but not limited to qualifications, selection process, terms and conditions, length of appointment, cessation of appointment and termination of appointment); and the functions and powers of the appointments committee; and the operations and procedures of the appointments committee; and any other matters concerning or relating to the appointments committee. an organic law shall make further provision forthe qualifications, terms and conditions, length of appointment, cessation of appointment and termination of appointment of the members of the commission; and any other matters concerning or relating to the commission. 220c. purposes of the commission the purposes of the commission are to contribute, in cooperation with other agencies, to preventing, reducing and combating corrupt conduct. 220d. functions of the commission subject to any organic law made for the purposes of section 220e, the functions of the commission areto receive and consider complaints regarding alleged or suspected corrupt conduct and investigate such of those complaints as it considers appropriate; and to investigate, on its own initiative or on complaints received, alleged or suspected corrupt conduct; and to exchange information regarding alleged or suspected corrupt conduct and cooperate with other law enforcement, integrity and regulatory agencies, both within papua new guinea and internationally; and to refer complaints regarding alleged or suspected corrupt conduct to other agencies for investigation; and to accept the referral from other agencies of matters regarding alleged or suspected corrupt conduct for investigation; and where the commission, after conducting an investigation, is of the opinion that a person has committed an offence involving corrupt conduct, to refer the matter to the public prosecutor of the police force together with a statement of reasons for its opinion; and to exercise such prosecution powers concerning or relating to corrupt conduct as may be prescribed by or under an organic law; and to encourage, cooperate and coordinate with other public and private sector agencies inresearch regarding corrupt conduct and anti-corruption strategies, policies, practices and procedures; and the development, implementation and review of anti-corruption strategies, policies, practices and procedures; and training, education and awareness regarding corrupt conduct and anti-corruption strategies, policies, practices and procedures. 220e. powers etc., of the commission an organic law shall make further provision for the functions, structure, powers, procedures, operations, protections and immunities of the commission and its staff. without limiting the scope of subsection (1), an organic law maymake provision for the commission to have access to all available relevant information to carry out its functions; and impose reasonable restrictions on the availability of information held by the commission; and make provision to ensure the secrecy or confidentiality of secret or confidential information made available to the commission; and make provision for the bodies with which the commission may share secret or confidential information; and make provision for and in respect of publicity for the proceedings, reports and recommendations of the commission; and provide for certain penalties to automatically apply to a person who has been convicted of an offence involving corrupt conduct. 220f. independence of the commission in the performance of its functions and powers, the commission is not subject to the direction and control of any person or authority. the proceedings and decisions of the commission are not subject to review in any way, except by the supreme court or the national court on the ground that it has exceeded its jurisdiction. the salary and other conditions of employment of the commissioner shall not be less than or inferior to the salary and other conditions of employment of a judge other than the chief justice or deputy chief justice without taking into account any conditions of employment personal to that judge. the salary and other conditions of a deputy commissioner shall not be less than or inferior to the salary and other conditions of employment of the public prosecutor, without taking into account any conditions of employment personal to any particular public prosecutor. 220g. oversight of the commission an organic law shall make provision for an independent commission against corruption oversight committee, whose role shall be to monitor, review and report on the commission's functions, operations and exercise of powers. 220h. reports by the commission by 31 march each year, the commission shall present to the speaker of parliament an annual report for presentation to parliament, and shall provide a copy of the annual report to the minister and the oversight committee. the speaker of parliament shall present the commission's annual report to parliament at the next meeting of parliament following the receipt of the report. once the annual report has been presented to parliament, the commission shall publish the report. an organic law may make provision forany particular matters which the commission shall be obliged to report on in its annual report; and the role of the oversight committee inreviewing the commission's annual report; and reporting on the commission's annual report; and reviewing and making recommendations on matters within the scope of its role under section 220g as part of its reports; and the publication of the oversight committee's reports. nothing in this section prevents the commission or the oversight committee from making any other reports relating to any aspect of the commission's operations, functions or powers. part ix. constitutional office-holders and constitutional institutions 221. definitions in this part"constitutional institution" means any office or institution established or provided for by this constitution, other than an office of head of state or of a minister, or the national executive council; "constitutional-office holder" meansa judge; or the public prosecutor or the public solicitor; or the chief magistrate; or a member of the ombudsman commission; or a member of the electoral commission; or the clerk of the parliament; or a member of the public services commission; or the auditor-general; or the holder of any other office declared by an organic law or an act of the parliament to be a constitutional office for the purposes of this part. 222. other provisions relating to constitutional office-holders and constitutional institutions this part shall be read subject to any other provisions of this constitution relating to particular constitutional office-holders or particular constitutional institutions. 223. general provisions for constitutional office-holders subject to this constitution, organic laws shall make provision for and in respect of the qualifications, appointment and terms and conditions of employment of constitutional officeholders. in particular, organic laws shall make provision guaranteeing the rights and independence of constitutional office-holders by, amongst other thingsspecifying the grounds on which, and the procedures by which, they may be dismissed or removed from office, but only by, or in accordance with the recommendation of, an independent and impartial tribunal; and providing that at the end of their periods of office they are entitled, unless they have been dismissed from office, to suitable further employment by a governmental body, or to adequate and suitable pensions or other retirement benefits, or both, subject to such reasonable requirements and conditions (if any) as are laid down by an organic law. a constitutional office-holder may not be suspended, dismissed or removed from office during his term of office except in accordance with a constitutional law. the total emoluments of a constitutional office-holder shall not be reduced while he is in office, exceptas part of a general reduction applicable equally or proportionately to all constitutional office-holders or, if he is a member of a state service, to members of that service; or as a result of taxation that does not discriminate against him as a constitutional officeholder, or against constitutional office-holders generally. the office of a constitutional office-holder may not be abolished while there is a substantive holder of the office but this subsection does not apply to the abolition of any additional constitutional office created by an act of the parliament. nothing in this section prevents the making by or under an organic law or an act of the parliament of reasonable provision for the appointment of a person to act temporarily in the office of a constitutional office-holder. 224. special provision for constitutional institutions subject to this constitution, organic laws and acts of the parliament shall provide, or shall make provision for, the powers and procedures of constitutional institutions, and generally for facilitating the performance of their functions, duties and responsibilities. subject to this constitution, if no provision is made under subsection (1) a constitutional institutionmay provide, to the extent of the deficiency, for its own procedures; and has all reasonable powers that are necessary or convenient for the exercise and performance of its powers, functions, duties and responsibilities. 225. provision of facilities, etc. without limiting the generality of any other provision of this constitution, it is the duty of the national government and of all other governmental bodies, and of all public office-holders and institutions, to ensure, as far as is within their respective legal powers, that all arrangements are made, staff and facilities provided and steps taken to enable and facilitate, as far as may reasonably be, the proper and convenient performance of the functions of all constitutional institutions and of the offices of all constitutional office-holders. part x. emergency powers division 1. introductory 226. definitions in this part, unless the contrary intention appears"declaration of a national emergency" means a declaration under section 228 (declaration of national emergency); "emergency" includes, without limiting the generality of the expressionimminent danger of war between papua new guinea and another country, or of warlike operations threatening national security; and an earthquake, volcanic eruption, storm, tempest, flood, fire or outbreak of pestilence or infectious disease, or any other natural calamity whether similar to any such occurrence or not on such an extensive scale as to be likely to endanger the public safety or to deprive the community or any substantial proportion of the community of supplies or services essential to life; and action taken, or immediately threatened, by any person that is of such a nature, and on so extensive a scale, as to be likely to endanger the public safety or to deprive the community or any substantial portion of the community of supplies or services essential to life; "emergency act" means an act of the parliament made for the purposes of this part and in accordance with section 230 (emergency act); "emergency committee" means an emergency committee appointed under section 240 (emergency committees), and includes a temporary emergency committee appointed and in office under section 241 (temporary emergency committees); "emergency law" meansan emergency act; or an emergency regulation; "emergency order" means an order made under an emergency law, as provided for by section 232 (emergency orders); "emergency regulation" means a law that is made in accordance with section 231 (emergency regulations); "internment" means detention that is authorized by or under a law the validity of which depends solely on this part, but does not include the detention of a member of the armed forces of another country as a prisoner of war; "period of declared national emergency" means any period during whichpapua new guinea is at war with another country by virtue of a declaration under section 227 (declaration of war); or a declaration of a national emergency is in force under section 228 (declaration of national emergency). division 2. periods of declared national emergency 227. declaration of war the head of state, acting with, and in accordance with, the advice of the national executive council, may publicly declare that papua new guinea is at war with another country. 228. declaration of national emergency if the national executive council is of the opinion that an emergency exists or is about to come into being such that it is necessary that the powers conferred by the succeeding provisions of this part be available, the head of state, acting with, and in accordance with, the advice of the national executive council, may publicly declare the existence of a national emergency in relation to the whole or part of the country. unless it is impracticable to do so, a declaration under subsection (1) shall be made in relation to a part of the country only after prior consultation with the emergency committee. 229. termination of periods of declared national emergency a declaration of war or of a national emergency may be revoked at any timeby the head of state, acting with, and in accordance with, the advice of the national executive council; or by decision of the parliament. division 3. emergency measures 230. emergency acts before or during a period of declared national emergency, the parliament may make acts of the parliament (to be known as "emergency acts") to make provision for dealing with the emergency, and with matters arising out of it. an emergency act shall be expressed to be an emergency act. except to the extent necessary to bring it into effective operation at the time when it otherwise comes into operation, an emergency act made before the commencement of a period of declared national emergency shall not come into operation until the commencement of the period. 231. emergency regulations subject to this part, at any time before the end of the period of 24 hours after the parliament first meets after commencement of a period of declared national emergency the head of state, acting with, and in accordance with, the advice of the national executive council, may make laws (to be known as "emergency regulations") to make provision for dealing with the emergency concerned, and with matters arising out of it if, and to the extent that, the nature of the emergency or its requirements necessitate the making of the provision before the parliament can reasonably consider the matter. an emergency regulation shall be immediately forwarded tothe speaker for presentation to the parliament; and an emergency committee in accordance with section 242(1)(a) (functions, etc., of emergency committees) or where no emergency committee has been established, to the temporary emergency committee established under section 241 (temporary emergency committees). unless earlier extended by decision of the parliament, an emergency regulation expires at the end of the period of 28 days after the making of the declaration of the emergency, or at the end of the period of 14 days after the parliament first meets after the commencement of the period of declared national emergency, whichever first happens. 232. emergency orders an emergency law may make provision for the giving of orders, not inconsistent with the emergency law, by persons authorized to do so by or under the law. no emergency law shall purport to confer powers to make orders that could not be made in the form of an emergency law. an order shall, if practicable, be in writing and be notified to the appropriate authority appointed by law. as far as practicable, details of, or copies of, all orders given in accordance with this section shall immediately be forwarded tothe speaker for presentation to the parliament; and an emergency committee in accordance with section 242(1)(a) (functions, etc., of emergency committees) or where no emergency committee has been established, to the temporary emergency committee established under section 241 (temporary emergency committees). 233. content, operations, etc., of emergency orders subject to this part, an emergency law may make provision for the peace, order and good government of the country to the extent reasonably required for achieving its purpose. notwithstanding the provisions of sections 12 and 13 but subject to subsections (3) and (4), an emergency law may alter, wholly or partly, and absolutely or subject to conditions, any provision of division iii.3 (basic rights), any organic law made for the purposes of any such provision or any other law (other than a constitutional law) to the extent reasonably necessary to deal with the emergency concerned, and with matters arising out of it, but only so far as is reasonably justifiable in a democratic society having a proper regard for the rights and dignity of mankind. an emergency lawmay not altersection 35 (right to life); or section 36 (freedom from inhuman treatment); or section 45 (freedom of conscience, thought and religion); or section 50 (right to vote and stand for public office); or section 55 (equality of citizens); or section 56 (other rights and privileges of citizens, and may provide for internment only in accordance with division 5 (internment); and may alter section 37 (protection of the law) or section 42 (liberty of the person) only to the extent allowed by paragraph (b). in addition, an emergency regulation may not altersection 46 (freedom of expression); or section 47 (freedom of assembly and association); or section 49 (right to privacy); or section 51 (right to freedom of information), and may not provide for a sentence of imprisonment for a period exceeding nine months. in the case of an inconsistency between a valid emergency law and any other law, the law made later prevails. 234. release from custody on expiry, etc., of emergency regulations subject to any act of the parliament made for the purpose of dealing with the effect of the expiry or revocation of a particular emergency regulation, any person held in custody under or for the purposes of an emergency regulation shall be released from custody on its expiry or repeal, unless he is also held in custody under some other law. 235. custody of members of parliament under emergency regulations or in internment if a member of the parliament is held in custody under an emergency regulation, or is an internee, he shall, at all times when the parliament is in session or when a committee (of which he is a member) of the parliament is meeting, be released, on such conditions (if any) as are prescribed by an act of the parliament, into the custody of the parliament in order to allow him to attend to his parliamentary duties, unless he is also held in custody under some other law. 236. revocation, etc., of emergency laws, etc. an emergency act may be alteredby an act of the parliament; or in an urgent case, where to do so would not be contrary to the positive intention expressed by a resolution of the parliament dealing with the particular emergency, by an emergency regulation. an emergency regulation may be altered at any timeby the head of state, acting with, and in accordance with, the advice of the national executive council; or by an emergency act; or by decision of the parliament. an emergency order may be disallowed at any time by decision of the parliament. 237. automatic termination of emergency laws, etc. subject to section 238 (extension of emergency acts) an emergency law, unless it has expired under section 231(3) (emergency regulations) or unless earlier repealed shall be deemed to be repealed immediately after the end of the day on which the period of declared national emergency ends. where an emergency regulation which has amended or repealed any law in force immediately before the regulation took effect, is deemed to be repealed under subsection (1), the repeal of that regulation shall revive the previous law from the date of that repeal as if the repealed regulation had not been made. 238. extension of emergency acts subject to subsection (2), to the extent that its extension is necessary to deal with the results or aftermath of the period of declared national emergency and is reasonably justifiable in a democratic society that has a proper regard for the rights and dignity of mankind, the operation of an emergency act may be extended from time to time, after the end of the period of declared national emergency, by decision of the parliament by an absolute majority vote, for a period or periods each not exceeding two months. after the end of the period of declared national emergency, internment may be continued only in accordance with section 244(6) (laws providing for internment). division 4. parliamentary supervision and control 239. parliamentary control unless the parliament is in session at the commencement of a period of declared national emergency, it shall be called to meet as soon as practicable, and in any event not more than 15 days, after the commencement of the period and thereafter during the period at intervals each not exceeding two months. at each meeting of the parliament during a period of declared national emergency the prime minister shall present to the parliament a statement setting outthe reasons for the declaration of war or of the national emergency, or for the continuance of the period; and the reasons for any new emergency regulations; and a report on the operation of the emergency laws. unless earlier revoked, a declaration of a national emergency expires at the end of the period of 21 days after its making, but may be extended from time to time by decision of the parliament by an absolute majority vote, for a period or periods each not exceeding two months. 240. emergency committees an act of the parliament shall provide for and in respect of the appointment of committees of the parliament (to be known as "emergency committees") in respect of a period or periods of declared national emergency. no minister may be a member of a committee. a committee shall be available to meet at all times during the period in respect of which it was appointed. subject to the availability of members to meet in accordance with subsection (3), a committee should, in principle, be broadly representative of the various parts of the country and of parties and groups in the parliament. 241. temporary emergency committees an act of the parliament or the standing orders of the parliament shall make provision for and in respect of the appointment of a temporary emergency committee to hold office if a period of declared national emergency commences at a time when the parliament is not in session and an emergency committee has not been established in accordance with section 240(emergency committees) in respect of the period. a temporary emergency committee ceases to hold office (except for the purpose of making a report in accordance with section 242(2) (functions, etc., of emergency committees) as to events occurring during its term of office)at the time of establishment of an emergency committee in accordance with section 240 (emergency committees) in respect of the period of declared national emergency; or at the end of the first meeting of the parliament after its establishment, whichever first occurs. 242. functions, etc., of emergency committees the prime minister shall ensure thatcopies of all emergency laws and, so far as is practicable, of all emergency orders, are forwarded immediately to the emergency committee; and subject to any emergency act, the committee is fully provided with information concerning, and is fully consulted concerning, developments in the situation and in particular concerning proposed emergency laws and the operation of existing emergency laws. at each meeting of the parliament during a period of declared national emergency the emergency committee shall present to the parliament a statement as towhether or not the period of declared national emergency should continue; and the justification for and the operation of the emergency laws; and whether or not any emergency law should be altered, and such other related matters as it thinks fit. as soon as practicable after receipt by him of a request to do so from the emergency committee, and in any event not more than 15 days afterwards, the speaker shall call a meeting of the parliament to considerany statements by the committee under subsection (2) and by the prime minister under section 239(2) (parliamentary control); and whether or not the period of declared national emergency should be allowed to continue; and whether or not an emergency law should be altered, and such other matters as the parliament thinks fit. 243. priority of emergency business in parliament during a period of declared national emergency, and while any emergency law is in force, first priority shall, subject to any express provision of this constitution to the contrary, be given to any question, notice, motion or other parliamentary process relating to the emergency or to an emergency law. division 5. internment 244. laws providing for internment the internment of persons may be permitted only by an act of the parliament. an act referred to in subsection (1)must be made by an absolute majority vote; and takes effect on a date fixed by an absolute majority vote of the parliament made after the commencement of a period of declared national emergency and, after at least four days notice of the relevant motion has been given; and subject to subsection (6), authorizes internment only during a period of declared national emergency. subject to subsection (4), at least four days' notice of the intention to introduce to the parliament a proposed law to permit internment must be given, and the proposed law must be circulated, in accordance with the standing orders of the parliament, to all members of the parliament at least four days before the proposed law is made. during a time of war, the periods of four days prescribed in subsection (3) are reduced to 24 hours. in his certificate given under section 110 (certification as to making of laws) the speaker must certify that the requirements of subsection (2)(a) and (b), and of subsection (3) or (4), as the case may be, have been complied with. internment may continue after the end of the period of declared national emergency only to the extent that is reasonably required for the orderly and peaceful repatriation, resettlement or reestablishment of internees. 245. internment the following provisions apply to and in relation to an internee:an internee and his next-of-kin or other close relative in the country shall, as soon as practicable and in any case not more than seven days after the commencement of his internment, be furnished with a statement in writing in a language that he understands specifying in detail the grounds upon which he is interned; and subject to section 244(6) (laws providing for internment), an internee (other than an alien enemy) shall be released from detention at the end of the period of two months after his internment unless an independent and impartial tribunal established under paragraph (e) has reviewed his case and found that sufficient cause has been shown for his internment; and subject to section 244(6) (laws providing for internment) an internee (other than an alien enemy) shall be released from detention at the end of the period of six months after his internment; and an internee (other than an alien enemy) is entitled to have his case reviewed by an independent and impartial tribunal established under paragraph (e) as soon as practicable after he has been interned, and in any case not more than one month after the commencement of his internment, and afterwards at intervals not exceeding two months; and an organic law shall provide for the establishment of the independent and impartial tribunal referred to in this section and that the chairman of the tribunal shall be a person qualified to be a judge of the national court; and the organic law referred to in paragraph (e) shall provide that as far as practicable where the case of an internee is being reviewed on a second or subsequent occasion, a majority of the members (including the chairman) of any tribunal referred to in that paragraph which conducts that review shall be different from the members of any such tribunal which previously reviewed the case of that detainee; and subject to subsection (5), where a tribunal established under paragraph (e) finds that a citizen has been interned wrongly or without sufficient reasonthe head of state, acting with, and in accordance with, the advice of the national executive council shall order that he be released; and he is entitled to compensation, in accordance with law, for the internment and any consequences of it; and subject to subsection (5), where a tribunal established in accordance with paragraph (e) finds that there are no longer sufficient grounds for the internment of a citizen, the minister responsible for national security shall order that he be released immediately; and a person released from internment in accordance with paragraphs (c), (g) or (h) shall not again be interned substantially on the same facts unless a change in circumstances relating to the grounds of the original internment gives these facts a new significance; and internees shall be kept separated, as far as practicable, from other persons in custody, and shall receive treatment not less favourable than that afforded to persons in custody awaiting trial for offences; and internees shall be kept separated, as far as practicable, from other persons in custody, and shall receive treatment not less favourable than that afforded to persons in custody awaiting trial for offences; and the names and places of residence of internees shall be published in the national gazette and in any newspaper which has a national circulation, within 14 days of the internment, and at monthly intervals afterwards; and the minister responsible for national security shall present to the parliament at each meeting of the parliament during the period of declared national emergency, but in any event, at intervals not exceeding six months, reports concerning all internees, their treatment, the review of their cases and action taken in regard to them. an internee shall be given adequate facilities to prepare and make representations to the review tribunal referred to in subsection (1)(e) either personally or through a lawyer, and in particular shall be allowed full access to a lawyer (and if necessary to legal aid) and the services of a competent interpreter if required. an internee shallbe permitted to appear in person before the review tribunal; and be permitted to be represented by a lawyer and a friend before the review tribunal. the tribunal shall forward copies of its findings and recommendations to the internee and to his next-of-kin or other close relative in the country when they are furnished to the minister responsible for national security. where in his opinion it is necessary to do so in the interests of national security or public order, the head of state, acting with, and in accordance with, the advice of the national executive council may refuse to make an order in accordance with subsection (1)(g) or (h) for the release of an internee, but in that event, except in time of warhe shall promptly present to the parliament a report stating that he has refused to release the internee and setting out the reasons for his refusal; and the parliament may order that the internee be released. where an order is made in accordance with subsection (5)the internee shall be released in accordance with the order; and subsection (1)(i) applies as though the order were an order under subsection (1)(g) or (h), as appropriate. an organic law, an act of the parliament or an emergency law may make further provision, not inconsistent with this section, in respect of the treatment, security and discipline of internees. the provisions of the geneva convention relative to the protection of civilian persons in time of war of august 14 1949, and any other international convention relating to interned persons, shall be complied with in relation to persons protected by them, and in addition such of those provisions that are of general application and can appropriately be applied to interned citizens shall be complied with in relation to such internees. division 6. miscellaneous 246. extension of tenure of parliament and governor-general during a period of declared national emergency the parliament may, by an absolute majority vote, extend its term of office, or the term of office of the governor-general, or both, for a term not exceeding the length of the period and such time afterwards as is necessary to allow a general election to be arranged and held, or for a governor-general to be appointed, as the case requires. part xi. miscellaneous 247. legal capacity of the independent state of papua new guinea papua new guinea has power to acquire, hold and dispose of property of any kind, and to make contracts, in accordance with an act of the parliament. papua new guinea may sue and be sued, in accordance with an act of the parliament. 248. vesting of rights and liabilities of former government all property that was, immediately before independence day, vested in the body corporate at that time known as "the government of papua new guinea" is, on that day, vested in papua new guinea, and all rights and liabilities (actual or contingent) of that body immediately before that day are, on that day, rights and liabilities of papua new guinea. 249. declarations by certain office-holders subject to any organic law, every person who is subject to division iii.2 (leadership code) before entering upon the duties of or exercising any of the powers of his office, shall makeunless he has made it on a previous occasion or is exempt from making it undersection 251(1) (taking certain oaths, etc., by non-citizens); or section 272 (oaths, affirmation, etc.,), the declaration of loyalty; and in the case ofa judicial officer the judicial declaration; or an office-holder other than a judicial officer the declaration of office. 250. making of declaration of loyalty, etc. subject to any provision of a constitutional law making special provision for the purpose, the oath of allegiance, the declaration of loyalty, the judicial declaration or the declaration of office (or any other oath, affirmation or declaration that is required or permitted to be taken or made by or for the purposes of a constitutional law) may be taken or made before any person appointed for the purpose by or under an act of the parliament, or in the absence of any such act, before a person appointed for the purpose by the head of state, acting with, and in accordance with, the advice of the national executive council. notwithstanding the provisions of subsection (1), an oath, affirmation or declaration referred to in that subsection is binding and effectual no matter before whom it is taken or made. 251. taking certain oaths, etc., by non-citizens ifit is desirable that a non-citizen be appointed to an office under a statute; and it is a requirement that in order to be qualified for appointment, or to enter upon the duties or exercise the powers of the office, a person must take the oath of allegiance or make the declaration of loyalty, or take or make some oath, affirmation or declaration; and the national executive council is satisfied that, by reason of the law of some other country, to take the oath of allegiance or make the other oath, affirmation or declaration, in the prescribed manner or form would or might adversely affect the nationality or citizenship status of the person concerned, the head of state, acting with, and in accordance with, the advice of the national executive council, may, by order, substitute some oath, affirmation or declaration or, if thought necessary, exempt the person from the requirement. notwithstanding subsection (1), the non-citizen is subject to all laws as if he had made the declaration of loyalty, or had taken or made the other oath, affirmation or declaration, as the case may be. nothing in subsection (1) applies to or in respect of the judicial declaration. 252. the national gazette there shall be an official journal of the national government, which shall be known as the national gazette or by such other name as is given by or under an act of the parliament. 253. slavery, etc. slavery, and the slave trade in all their forms, and all similar institutions and practices, are strictly prohibited. 254. filling of offices, etc. in principleno constitutional office shall be left unfilled on a substantive basis for longer than is necessary for it to be filled by an appropriate appointee; and no person shall hold more than one public office at the same time except where one such office is so much associated with, or related to, another, or where the holding of one such office is so relevant to the holding of another, as to make it desirable that the offices be held jointly; and public offices of similar importance or standing, and in particular offices in any statutory board or committee, should be filled by persons from the various areas of the country. 255. consultation in principle, where a law provides for consultation between persons or bodies, or persons and bodies, the consultation must be meaningful and allow for a genuine interchange and consideration of views. 256. reports by public office-holders, etc. subject to this constitution, an act of the parliament may make provision for and in respect of annual and other reports by a constitutional office-holder or any other public office-holder, or by a constitutional institution or any other statutory body. 257. proof of acts of the constituent assembly all courts, judges and persons acting judicially shall take judicial notice of all acts and proceedings of the constituent assembly. an act of, or the proceedings of, the constituent assembly may be proved for any purpose by the production ofa certificate under the hand, or purporting to be under the hand, of the speaker of the pre-independence house of assembly; or a document under the hand, or purporting to be under the hand, of the clerk or other proper officer of the pre-independence house of assembly and purporting to be the minutes or other official record of the proceedings of the constituent assembly. 258. constitutional regulations the head of state, acting with, and in accordance with, the advice of the national executive council, may make regulations, not inconsistent with a constitutional law or an act of the parliament, prescribing all matters that by a constitutional law are required or permitted to be prescribed or provided for by constitutional regulation. all constitutional regulations shall be tabled in the parliament as soon as practicable after being made, and may be disallowed by the parliament at any time. 259. independent tribunals unless otherwise provided for by a constitutional law, in any case where a constitutional law requires the appointment of an independent tribunal, the members of the tribunal shall be appointed from a list of names approved by the judicial and legal services commission. part xii. constitutional review 260. general constitutional commission an act of the parliament shall make provision for and in respect of the establishment, at or after the end of the period of three years commencing on independence day, of a general constitutional commission. the members of the commission shallbe appointed by the head of state, acting with, and in accordance with, the advice of the national executive council given after consultation with any appropriate parliamentary committee; and be broadly representative of the different areas of the country; and give balanced representation of the major parties and groups in parliament. each member of the general constitutional commission must bea member of the parliament; or a member of a provincial government or local government body; or a member of a state service; or some other citizen with relevant expertise. the general constitutional commission shall inquire into the working of this constitution and the organic laws. as soon as is reasonably practicable after its appointment, the general constitutional commission shall forward a report of its findings to the speaker for presentation to the parliament, together with its recommendations (if any) as to amendment of this constitution, and new or amended organic laws or administrative procedures. 261. interim constitutional commission an act of parliament shall provide that until the constitutional commission is established there shall be an interim constitutional commission the membership of which is in accordance with section 260(2) and (3) (general constitutional commission). the interim constitutional commission shall consider proposed alteration of this constitution or of any organic law, and report to parliament before there is an opportunity for debate of the proposed legislation. 262. subordinate commissions and committees acts of the parliament may make provision for and in respect ofa commission on provincial government, the primary function of which shall be to investigate the workings of the system of provincial government; and other commissions and committees to investigate such other aspects of the working of this constitution as the parliament thinks desirable. the commissions and committees established in accordance with subsection (1)(b) shall report to the general constitutional commission on the subject matters of their respective investigations, with such recommendations (if any) as they think desirable, in time to allow the general constitutional commission to report to the parliament in accordance with section 260 (general constitutional commission). the general constitutional commission shall ensure that any reports of commissions or committees established in accordance with subsection (1)(b) are forwarded to the speaker for presentation to the parliament before or at the same time as its report is so forwarded. part viii. immediate and transitional provisions 264. effect of part xiii the provisions of this part, and of any provisional organic law or organic law made for the purposes of section 267 (transitional laws), have effect notwithstanding anything in the preceding provisions of this constitution. 265. dissolution of the constituent assembly the constituent assembly, having performed its duty to frame and adopt, on behalf of the people, a constitution, and its other duties, is dissolved. 266. provisional laws if before independence day the constituent assembly has made an instrument expressed to be a provisional organic law, the instrument takes effect, on independence day, as if it were an organic law made and coming into effect on that day. if before independence day the constituent assembly has made an instrument expressed to be a provisional act of the parliament made for the purpose of bringing any provision of this constitution into effective operation on independence day, the instrument takes effect, on independence day, as if it were an act of the parliament made and coming onto effect on that day. 267. transitional laws a provisional organic law or an organic law may make whatever provision seems necessary or desirable for a smooth transition from pre-independence arrangements to arrangements under this constitution and, in particular, but without limiting the generality of the foregoing, for securingthe immediate filling of offices, and the immediately effective operation of institutions under this constitution where there were corresponding pre-independence offices or institutions; and the continued effect of acts done or commenced before independence day under pre-independence laws. a provisional organic law or an organic law made for the purposes of subsection (1) may declare what were the pre-independence offices and institutions that correspond with offices and institutions under this constitution. 268. first governor-general if before independence daythe constituent assembly has nominated by a simple majority vote, in an exhaustive secret ballot a person to be the first governor-general; and her majesty, elizabeth ii, having consented to become queen and head of state of papua new guinea has signified her approval to that person becoming the governor-general, that person becomes the first governor-general on independence day. 269. first parliament, electorates, etc. notwithstanding anything in this constitution, but subject to subsection (6), the open and regional electorates for the pre-independence house of assembly established immediately before independence day are the first open and provincial (as the case may be) electorates for the parliament. notwithstanding anything in this constitution but subject to any organic law on national electoral matterseach member of the pre-independence house of assembly in office immediately before independence day (including a member who although he is or may be disqualified under section 37(4)(a) of the papua new guinea act 1949-1975 of australia has been confirmed in his membership by resolution of the house of assembly) is the first member of the parliament for his electorate and shall continue to hold office unless or untilhis seat becomes vacant by virtue of section 104(2)(a), (b), (c), (d), (e), (g) or (h) (normal term of office); or he becomes a person who has been convicted of and is under sentence of imprisonment, or is subject to be sentenced (other than a person who has been released on recognizance to appear and receive judgement when called upon), for an offence punishable by imprisonment for one year or longer, as in section 50(1)(a) (right to vote and stand for public office); or he becomes disqualified under section 103(3)(b) or (d) (qualifications for and disqualifications from membership); and the pre-independence speaker and chairman of committees in office immediately before independence day are the first speaker and deputy speaker, respectively, of the parliament; and the electoral rolls in effect immediately before independence day are the first electoral rolls for the first open and provincial electorates (as the case may be). the boundaries commission shall recommend to the parliament the number of open electorates and their boundaries for determination by the parliament under section 125(1) (electorates) as soon as possible after independence day. unless a general election to the parliament is held earlier under section 105 (general elections) the term of the first parliament isthe balance of the term of the pre-independence house of assembly remaining unexpended immediately after independence day; and the period up to the first general election held after independence day and the first general elections shall be held, as directed by the head of state, acting with, and in accordance with, the advice of the electoral commission, in the months may and june 1977. if the parliament has not made a determination under section 125(1) (electorates) in time for the first general elections held after independence daythe number and boundaries of the open electorates shall remain the same as for the previous general elections; and the number of provincial electorates shall be as determined by an organic law; and the boundaries of the provincial electorates shall be as determined by the head of state, acting with, and in accordance with, the advice of the boundaries commission, but so that the boundaries of the provincial electoratesenclose all the territory of open electorates within each province; and so near as may be, coincide with the boundaries of the provinces as defined in the organic law on provincial boundaries and the boundaries of the national capital district as defined in the organic law on the boundaries of the national capital district. if a provincial electorate consists of two or more provinces, an organic law shall make adequate provision forthe declaration of each province as a provincial electorate; and each electorate to be represented by a provincial member, as soon as practicable after independence day. 270. first ministry the pre-independence chief minister in office immediately before independence day is the first prime minister. the other ministers of the pre-independence house of assembly in office immediately before independence day are the other first ministers. 271. first judges notwithstanding anything in this constitutionthe pre-independence chief justice in office immediately before independence day is the first chief justice of papua new guinea; and the senior puisne judge in office immediately before independence day is the first deputy chief justice of papua new guinea; and each judge in office immediately before independence day is a judge of the national court; and each acting judge in office immediately before independence day is an acting judge of the national court, on the same terms and conditions that were applicable to him before independence day but in no case shall his term of office exceed three years from the date of his present appointment. 272. oaths, affirmation, etc. notwithstanding anything in this constitution, but subject to section 250 (making of declaration of loyalty, etc.,) and section 251 (taking certain oaths, etc., by non-citizens)the first governor-general shall take the oath of allegiance and make the declaration of loyalty and the declaration of office; and the first prime minister and other ministers, and the first speaker, shall make the declaration of loyalty and the declaration of office; and the first chief justice and other judges shall make the judicial declaration, in public on independence day, at such place, and in such manner and form, as are directed by the prime minister. if it is not practicable for a person referred to in subsection (1)(a), (b) or (c) to comply with the requirements of subsection (1), he shall take and make the necessary oath or declarations, or both, as the case requires, at such time and place, and in such manner and form, as are directed by the head of state, acting with, and in accordance with, the advice of the prime minister. any provision of this constitution preventing a person referred to in subsection (1)(a), (b) or (c) from entering upon the duties of his office until he has taken the oath of allegiance or made the declaration of loyalty, the declaration of office or the judicial declaration (as the case requires) is suspended pending compliance with the preceding provisions of this section. 273. treaties applying before independence the provisions of section 117 (treaties, etc.,) do not prevent the head of state, acting with, and in accordance with, the advice of the national executive council, from making a declaration that an international commitment, that, immediately before independence day, applied to the territory at that time known as papua new guinea or a component part of that territory may, by agreement, be treated as if it were binding on papua new guinea for a period not exceeding five years after that day. 274. composition of certain constitutional institutions except where expressly provided otherwise in a constitution law, until 16 september 1985, where a constitutional institution other than the supreme court or the national court is composed of more than one person, the majority of those persons must be citizens, but failure to comply with this section does not invalidate any act of the institution. 275. chairmanship of tribunal to review internments until 16 september 1985, in addition to persons who are qualified to be appointed as judges of the national court, a person who holds office as a magistrate of the highest grade or classification is eligible for appointment as chairman of a tribunal appointed in accordance with section 245(1)(e) (internment). part xiv. bougainville government and bougainville referendum division 1. preliminary 276. application of this part this part applies in and in relation to bougainville only. this part shall apply notwithstanding the provisions of this constitution and where the other provisions of this constitution are inconsistent with the provisions of this part, the provisions of this part shall prevail. 277. non-application of part via after the establishment of the bougainville government following elections, in accordance with this part and the bougainville constitution, the provisions of part via shall not apply to bougainville. 278. interpretation in this part, unless the contrary intention appears– “agreement” means the bougainville peace agreement signed at arawa on 30 august 2001 and published in national gazette no. g 146 of 16 november 2001; “bougainville” means– the areas of land within the boundaries of bougainville province as described in the schedule to the organic law on provincial boundaries; and the areas of sea extending to three nautical miles from the low water mark of the areas of land referred to in paragraph (a); “bougainville constituent assembly” means the bougainville constituent assembly established in accordance with section 284 (bougainville constituent assembly); “bougainville constitution” means the bougainville constitution endorsed and gazetted in accordance with section 285 (endorsement of bougainville constitution); “bougainville constitutional commission” means the bougainville constitutional commission established in accordance with section 281 (bougainville constitutional commission); “bougainville constitutional office-holder” means a bougainville constitutional office-holder appointed under or in pursuance of the provisions of section 321 (bougainville constitutional office-holders); “bougainville correctional service” means bougainville correctional service for which provision is made under section 310(1)(c) (bougainville government services); “bougainville court” means a court established under section 306(1) (establishment of courts in bougainville); “bougainville executive” means the accountable executive body of the bougainville government; “bougainville government” means the autonomous bougainville government established in accordance with this part; “bougainville interim provincial government” means the bougainville interim provincial government established under the organic law on provincial governments and local-level governments; “bougainville law” means a law made in accordance with the bougainville constitution and this part; “bougainville legislature” means the legislature of the bougainville government; “bougainville police” means the bougainville police for which provision is made under section 310)1)(b) (bougainville government services); “bougainville public service” means the bougainville public service for which provision is made under section 310(1)(a) (bougainville government services); “bougainville referendum” means the referendum for which provision is made under division 7 (bougainville referendum); “bougainville salaries and remuneration commission” means the bougainville salaries and remuneration commission established in accordance with section 320 (bougainville salaries and remuneration commission); “dispute resolution procedure” means the dispute resolution procedure for which provision is made under division 6 (intergovernmental relations and review); “fiscal self-reliance” means the first year in which the revenue from company tax, customs duties and 70% of value added tax collected in bougainville is equal to the value of the recurrent grant on a sustainable basis; “national law” means a law made by the national parliament; “referendum” means the bougainville referendum; “review” means a review under division 6. where this part or an organic law authorized by this part provides for consultant between the national government and the bougainville government, such consultation shall be conducted on the following basis:– views shall be communicated in a timely manner in writing (or, by prior written agreement, by electronic equivalent) to a specified point of contact; adequate opportunity shall be given to respond in a similar manner; where there are differences, meaningful views shall be exchanged within an adequate time-frame, either agreed or specified in a written document (or, by prior written agreement, by electronic equivalent) with a view to reaching agreement; a clear, written record of the outcome of a consultation shall be prepared and made available for all parties. the agreement may be used, so far as it is relevant, as an aid to interpretation where any question relating to the interpretation or application of any provision of this part or an organic law authorized by this part arises. the agreement shall be interpreted liberally, by reference to its intentions and without undue reference to technical rules of construction. division 2. arrangements for the establishment of bougainville government 279. autonomous government for bougainville there shall be a system of autonomous government for bougainville in accordance with this part elections to the bougainville legislature may be held only– in accordance with an agreement reached in accordance with paragraph 8(a) of the weapons disposal plan contained in the agreement; or on verification and certification by the director of the united nations observer mission in bougainville, of substantial compliance with, and generally in accordance with paragraph 8(b), the weapons disposal plan according to the agreement an organic law shall make provision for such matters pertaining to the system of autonomous government as are authorized by this part 280. bougainville constitution there shall be a bougainville constitution made and endorsed in accordance with this part, which make provision for the organization and structures of the government for bougainville under the autonomy arrangements in a manner consistent with this part and with the agreement 281. bougainville constitutional commission the bougainville interim provincial government, after consultation in accordance with the agreement, shall establish a bougainville constitutional commission which shall be broadly representative of the people of bougainville the bougainville constitution commission shall– consult widely with the people of bougainville to obtain their views on a bougainville constitution; and prepare a draft bougainville constitution where, prior to the coming into operation of this part, the bougainville interim provincial government has established a body, after consultation in accordance with the requirements of the agreement in relation to the bougainville constitutional commission, with functions equivalent to those given to the bougainville constitutional commission by subsection (2)– such body may be adopted by the bougainville interim provincial government as the bougainville constitutional commission; and any consultation by, and reports, findings and drafts prepared by such body may be adopted by the bougainville interim provincial government as consultation by, and reports, findings and drafts of the bougainville constitutional commission 282. structures of bougainville government to be contained in bougainville constitution the bougainville constitution shall make provision for the bougainville government generally and in particular shall provide, subject to this part and to any organic law authorized by the part– that the bougainville government shall include a mainly elective (either directly or indirectly) legislature, but which may include persons appointed, elected or nominated to represent community, youth or other interests; and that the bougainville government shall include an accountable executive body; and for a head of the executive body; and for the establishment of an independent and impartial judiciary for bougainville in accordance with this part; and for the powers, functions and procedures of the legislature, executive and judiciary, in accordance with the terms of the agreement; and for the establishment of such institutions as are necessary or desirable to enable the bougainville government to carry out its powers effectively; and for the accountability of all institutions established by or under the bougainville constitution; and for bougainville constitutional office-holders and for their powers and functions; and for the manner in which the bougainville constitution will come into operation after its endorsement by the head of state, acting on advice; and for the naming of bougainville, the bougainville government and institutions of the bougainville constitution or bougainville government; and for any other matters required by this part. the structures and procedures of the bougainville government shall meet internationally accepted standards of good governance, as they are applicable and implemented in the circumstance of bougainville and papua new guinea as a whole, including democracy, the opportunity for participation by bougainvilleans, transparency, accountability, and respect for human rights and the rule of law, including this constitution. 283. consultation with national executive council the bougainville constitutional commission shall– keep the national executive council informed as proposals for the bougainville constitution are developed; and allow the national executive council adequate opportunity to make its views known as proposals for the bougainville constitution are developed 284. bougainville constituent assembly the bougainville interim provincial government, after consultation in accordance with the agreement, shall establish a bougainville constituent assembly which shall be broadly representative of the people of bougainville. the bougainville constituent assembly – shall consider and debate the draft bougainville constitution; and may amend the draft bougainville constitution; and shall submit the draft bougainville constitution to the national executive council on its contents; and may adopt the bougainville constitution; and following adoption by it of the bougainville constitution, send a copy of that bougainville constitution to the minister responsible for bougainville matters. the bougainville government and the national government shall co-operate in facilitating the establishment of the constituent assembly. 285. endorsement of bougainville constitution the minister responsible for bougainville matters shall submit that bougainville constitution to the national executive council at the first practicable opportunity. the national executive council shall consider the bougainville constitution within 14 days of its being submitted under subsection (1) and, where it meets the requirements of this part and any organic law authorized by this part, shall advise the head of state to endorse the bougainville constitution. the head of state, acting on advice in accordance with subsection (2), shall endorse the bougainville constitution. after the bougainville constitution has been endorsed under subsection (3), the national executive council shall cause it to be published promptly in the national gazette. following publication in the national gazette, the bougainville constitution shall come into operation in accordance with the manner provided in the bougainville constitution. 286. legal status of bougainville constitution subject to this constitution, the bougainville constitution shall be the supreme law as regards matters that fall within the jurisdiction of the bougainville government in accordance with this part and the agreement, and bougainville laws and institutions shall be consistent with the bougainville constitution. the bougainville constitution shall be enforceable– in the supreme court; and in the bougainville court established under section 306(4)(a) (establishment of courts in bougainville), to the extent provided by the bougainville constitution. 287. amendment of bougainville constitution the bougainville constitution shall provide that the bougainville constitution may be amended and shall provide for the manner in which it may be amended so as to comply with this section. where any amendment to the bougainville constitution is proposed, the bougainville executive shall give notification of it to the minister responsible for bougainville matters. the national government may consult with the bougainville government in relation to any proposed amendment of the bougainville constitution. division 3. division of functions and powers between national government and bougainville government and transfer of functions and powers to bougainville government 288. division of functions and powers of government the functions and powers of government relating to bougainville shall be divided between the national government and the bougainville government in accordance with this part and the agreement. 289. functions and powers of the national government subject to this part and to the agreement, the functions and powers of the national government in and in relation to bougainville are as specified in this section. the functions and powers of the national government in and in relation to bougainville are the following:– central banking; currency; customs (imposition, administration and collection); defence; foreign relations (including foreign aid); highly migratory and straddling fish stocks; industrial relations; international civil aviation; international shipping; international trade; legislation specifically required to implement this constitution; legislation required to amend this constitution; migration in and out of the country; quarantine; quarantine; telecommunications; such other powers and functions for which, in accordance with this part and the agreement, the national government is responsible. the national government is responsible in and in relation to bougainville for the operation of the functions and powers of a constitutional office or state service to the extent necessary– where an equivalent bougainville constitutional office or bougainville government service has not been established or is not fully operational; or as otherwise provided for or required by this part or the agreement. the national government shall have the function and power relating to firearms control. the national government shall have the function and power relating to foreign investment to the extent permitted by section 290(4) (functions and powers available to the bougainville government). the national government shall have the function and powers necessary to develop the infrastructure relative to its functions and powers under this section. the– bougainville government shall not obstruct the national government in the exercise of its functions and powers under this section; and exercise by the national government of its functions and powers under this section shall respect the bougainville laws. 290. functions and powers available to the bougainville government subject to this part and the agreement, the functions and powers available to the bougainville government in and in relation to bougainville are as specified in this section. the functions and powers available to the bougainville government in and in relation to bougainville are the following:– agriculture; arts; building regulation; cemeteries; censorship; children; churches and religion; civil registration; communications and information services within bougainville; community development; corporation law; culture; education; energy (including electricity and power generation and distribution); environment; family law; fire service; fisheries (other than highly migratory or straddling stocks); forestry and agro-forestry; gambling, lotteries and games of chance; harbours and marine; health; heritage; home affairs, including youth and social welfare; housing (but not state-owned housing); information technology; insurance; intellectual property; labour and employment (other than industrial relations); land and natural resources; land, sea and air transport; language; land, sea and air transport; licensing of public entertainment; liquor; livestock; local-level government; manufacturing; mining; non-banking financial institutions; oil and gas; parks and reserves; physical planning; professionals; public holidays; public works; science and technology; sports and recreations; statistics (other than national census); symbols of the bougainville government; time zones; tourism; trade, commerce and industry; waste management; water and sewerage; water resources; wild life preservation; wills and succession; such other functions and powers for which, in accordance with this part and the agreement, the bougainville government may be responsible. the bougainville government is responsible for– administration of justice including dispute resolution; and the operation and the functions and powers of bougainville constitutional office-holders and the operation of and the powers and functions of bougainville government services, in accordance with the agreement and this part. where the function and power relating to foreign investment applications has been transferred to the bougainville government, it shall be exercised in the following manner:– each application for foreign investment relating to bougainville shall be lodged in duplicate, one for the national government and one for the bougainville government; each application must satisfy the national government’s reasonable foreign investment requirements for papua new guinea as a whole; the bougainville government, through the bougainville public service or by an authority established by the bougainville government for the purpose, shall be responsible for considering each application and for determining whether the requirements referred to in paragraph (b) are met; where satisfied that an application meets the requirements referred to in paragraph (b), the bougainville government through the bougainville public service or by an authority established by the bougainville government for the purpose may, accept the application, or without limit to its discretion, may refuse it or accept it subject to conditions; the bougainville government, through the bougainville public service or by an authority established by the bougainville government for the purpose of processing foreign investment applications, and the national government, and any authority established by the national government for the purpose of foreign investment applications, shall consult and co-operate at all stages of the consideration of an application; there shall be joint and ongoing review and development of foreign investment policy by the two governments and the authorities referred to in paragraph (e) to promote restoration and development in bougainville; a dispute as to whether an application does or does not comply with the requirements referred to in paragraph (b) shall be resolved through the dispute resolution procedure. the bougainville government shall have the functions and powers necessary to develop the infrastructure relative to its powers and functions under this section. 291. functions and powers of the national government and of the bougainville government in relation to criminal law the provisions of sections 295 (process for transfer of functions and powers), 296 (relationships of national and bougainville laws) and 298 (national government assets and land) do not apply to this section. the bougainville government shall have power, to subsection (4)– to adopt the criminal code; and to create and set penalties or offences incidental to the exercise of its agreed powers and functions; and to amend national laws relating to summary offences and other laws relating to criminal law as they apply in bougainville; and to make laws relating to criminal law, other than a law equivalent to the criminal code. the criminal code shall apply in and to bougainville until adopted under subsection (2)(a). where the bougainville government has adopted the criminal code under subsection (2)(a), it may amend the criminal code as adopted– with the consent of the national government; or in accordance with the following:– the principles contained in the agreement being:– changes to the principles of the criminal law shall be evolutionary; there shall be no large scale changes to the coverage of subjects by the criminal law; the procedures contained in the agreement being:– the bougainville government will cause to be published in the national gazette amendments to the criminal code as adopted proposed by the bougainville government and such amendments shall not come into operation without the agreement of the national government; in the event that the national government does not accept any amendments proposed by the bougainville government, it may require further consultation with the bougainville government and in the event of failure to agree, the dispute resolution procedure shall apply. 292. subjects not specified in sections 289, 290 and 291 subject to subsection (2), the function and power in relation to any subject– not specified in section 289 (powers and functions of the national government), section 290 (powers and functions available to the bougainville government) and section 291 (functions and powers of the national government and of the bougainville government in relation to criminal law); and not coming within the category of any subject specified in section 289 (powers and functions of the national government), section 290 (powers and functions available to the bougainville government) and section 291 (functions and powers of the national government and of the bougainville government in relation to criminal law), shall be a power and function of the national government, until otherwise determined in accordance with this section. where the national-government or the bougainville government proposes to legislate on a subject to which subsection (1) applies, it shall notify the other government of its proposals and consult with the other government of its proposals and consult with the other be responsible for the subject, and where agreement is not reached, it shall not legislate. where either the national parliament or the bougainville legislature passes a law on a subject to which subsection (1) applies, the other government may invoke the dispute resolution procedure, and– pending final determination of the dispute the law shall not take effect, unless both governments agree that it should take effect; and on the determination of the dispute resolution procedure, the law shall or shall not take effect in accordance with that determination. any dispute between the national government and the bougainville government over which government is responsible for a function or power shall be resolved by applying the principles governing the division of powers as specified in the agreement. 293. international obligations, etc., of the state in respect of the powers and functions of the bougainville government in this section, “international obligations” includes treaties and other written international agreements to which the state is or becomes a party. the powers and functions available to the bougainville government specified in section 290 (powers and functions available to the bougainville government) will not be exercised in a manner inconsistent with papua new guinea’s international obligations and human rights regime– in existence on the date of the coming into operation of this part; and entered into after the date of coming into operation of this part, in accordance with this section. the national government– shall consult with the bougainville government on– any proposed new international obligations likely to affect the exercise by the bougainville government of the functions and powers available to it under this part; or any proposed future border agreement (other than one concerning defence or national security) affecting the jurisdiction of the bougainville government; and shall not enter into a border agreement (other than one concerning defence or national security) affecting the jurisdiction of the bougainville government without the agreement of the bougainville government. for the purposes of section 117(3) (treaties), the consent of papua new guinea to be bound as a party to a treaty which– has a purpose of altering the autonomy arrangements contained in the agreement; or being a border agreement (other than one concerning defence or national security) affects the jurisdiction of the bougainville government, shall not be given unless – the national government and the bougainville government have agreed on the contents of the treaty; and the provisions of section 117(3)(a) or (b) (treaties) have been complied with. any disagreement between the national government and the bougainville government as to whether any treaty has a purpose of altering the autonomy arrangement contained in the agreement shall be resolved in accordance with the dispute resolution procedure. any differences between the national government and the bougainville government arising from generally accepted rules of international law shall be resolved in accordance with the dispute resolution procedure. the bougainville government may, through an agreed mechanism, request the assistance or concurrence of the national government– to participate in the negotiation of international agreements of particular relevance to bougainville; or to negotiate international agreements on its own account. 294. functions and powers of the bougainville government on establishment and within 12 months thereafter prior to the established of the bougainville government the bougainville interim provincial government may give to the national government reasonable notice of – functions or powers available to the bougainville government to be transferred; and institutions expected to be established under the bougainville constitution, within the period of 12 months commencing on the date of the establishment of the bougainville government. the bougainville government shall, on its establishment, have the same functions and powers as the bougainville interim provincial government, together with such other functions and powers transferred under subsection (1). 295. process for transfer of functions and powers where the bougainville government wishes a function or power available to it to be transferred to it, it shall– take full account of its need and capacity in relation to the function or power; and initiate the transfer by giving to the national government 12 month’s notice of its intention to seek the transfer of the function or power; and consult with the national government concerning the transfer, unless both governments otherwise agree. 296. relationship of national and bougainville laws national laws relating to the functions and power available to the bougainville government shall continue to apply until replaced by bougainville laws. the– national government may legislate on subjects specified in section 290 (functions and powers available to the bougainville government) but not so as to be inconsistent with bougainville laws on such subjects; and the bougainville government may legislate on subjects specified in section 289 (functions and powers available to the national government) but not so as to be inconsistent with national laws on such subjects. 297. manner of implementation of transfer of functions and powers an organic law shall make provision for– the transfer together of closely linked functions and powers; and the manner of overcoming difficulties of capacity or economic circumstances preventing the effective exercise of a function or power; and the resolution of issues in dispute in the event of failure to overcome difficulties referred to in paragraph (b); and the resolution of difficulties in dividing the personnel, assets or funding of an institution or service organized on a regional or national basis; and the making of arrangements to share access to or use of an institution or service organised on a regional or national basis to include cost-sharing; and the plans prepared and agreed by the national government and the bougainville government for co-operating in implementing the transfer of functions for which the bougainville government will become responsible. 298. national government assets and land subject to subsection (2), the national government shall transfer to the bougainville government, at the same time as the transfer of a function or power, such assets and land as are associated with the functions or power. where the national government has a continuing responsibility in respect of a function or power transferred to the bougainville government, it may retain assets and land associated with that function or power to the extent necessary to carry out its continuing responsibility. 299. transfer or delegation of functions and powers the national government or the bougainville government may, by agreement, transfer or delegate any function or power (including a financial function or power) to the other government. division 4. powers and functions of the bougainville government and matters relative thereto affecting other provisions of this constitution subdivision a. preliminary 300. bougainville constitution and bougainville laws to form part of the laws of papua new guinea the bougainville constitution and laws made by the bougainville legislature in accordance with the bougainville constitution form part of the laws of papua new guinea as specified in section 9 (the laws). 301. special references to the supreme court the– bougainville legislature; and bougainville executive, are authorities entitled to make application to the supreme court, in accordance with section 19 (special references to the supreme court), for an opinion on any question relating to the interpretation or application of any provision of a constitutional law including (but without limiting the generality of that expression) any question as to the validity of a law or proposed law. subdivision b. code of conduct, etc., and leadership code 302. code of conduct, etc., and leadership code the bougainville constitution may make provision for a code of conduct or rules of conduct, similar to and requiring standards of conduct not less than those required by, the leadership code for which provision is made in division iii.2 (leadership code), to apply to and in relation to the holders of public offices– established under the bougainville constitution; and specified in the bougainville constitution as offices to which the code of conduct or rules of conduct applies or apply. a person to whom the code of conduct or rules of conduct referred to in subsection (1) applies or apply shall not be subject to division iii.2 (leadership code) in respect of– the office held by him under the bougainville constitution to which the code of conduct or rules of conduct referred to in subsection (1) applies or apply; and matters to which the code of conduct or rules of conduct referred to in subsection (1) applies or apply. the bougainville constitution– may provide for penalties to be imposed of breaches of the code of conduct or rules of conduct referred to in subsection (1) by persons to whom the code of conduct or rules of conduct apply; and where the code of conduct or rules of conduct have been breached by a person to whom, but for subsection (2), division iii.2 (leadership code) would have applied, shall provide for penalties the same as those imposed by or under division iii.2 (leadership code) for an equivalent breach. until such time as a code of conduct or rules of conduct referred to in subsection (1) have been provided for and applied, the following public offices shall be offices to which division iii.2 (leadership code) applies:– members of the bougainville legislature; bougainville constitutional office-holders; the heads of the bougainville government services. subdivision c. rights and freedoms 303. qualifications on qualified rights the bougainville constitution may make provision for the regulation or restriction by a bougainville law which complies with the requirement of this section, of a right or freedom referred to in subdivision iii.3 (qualified rights) where the law– regulates or restricts the right or freedom to the extent that the regulation or restriction is necessary– taking account of the national goals and directive principles and the basic social obligations, for the purpose of giving effect to the public interest in– public safety; or public order; or public welfare; or public health (including plant and animal health); or the protection of children and persons under disability (whether legal or practical); or the development of under-privileged or less advanced groups or areas; or in order to protect the exercise of the rights and freedoms of others; or makes reasonable provision for cases where the exercise of one such right may conflict with the exercise of another, to the extent that the law is reasonably justifiable in a democratic society having a proper regard for the rights and dignity of mankind. a bougainville law referred to in subsection (1) shall– be expressed to be a law regulating or restricting a right or freedom referred to in subdivision iii.3.c (qualified rights); and specify the right or freedom that it regulates or restricts; and specify the purpose for which the regulation or restriction is necessary; and be made and certified in the manner provided in the bougainville constitution. the burden of showing that a bougainville law is a law that complies with the requirements of this section is on the party relying on its validity. 304. guaranteed rights and freedoms subject to subsection (3), the bougainville constitution may make provision for guarantees in bougainville of basic and qualified rights in addition to those otherwise guaranteed in this constitution. subject to subsection (3), the bougainville constitution may make provision for the establishment of procedures, institutions or courts to ensure the enforcement of guaranteed rights and freedoms. guarantees provided for under subsection (1) and procedures established under subsection (2) shall not abrogate the guaranteed rights and freedoms or procedures to ensure their enforcement provided for in this constitution. subdivision d. administration of justice 305. operation of national judicial system in bougainville the national judicial system shall continue to carry out its responsibilities in bougainville, in accordance with this part. 306. establishment of courts in bougainville the bougainville constitution may make provision for the establishment under bougainville law of courts and tribunals in bougainville in accordance with this part and the agreement, and may authorize bougainville laws to make further provisions in respect of such courts and tribunals. bougainville may operate– wholly under courts and tribunals established under subsection (1); or partly under courts and tribunals established under subsection (1) and partly under other courts within the national judicial system and tribunals established under national laws. a court established under subsection (1) (other than a court with a jurisdiction similar to that of a village court) shall be within the national judicial system. the courts which may be established under subsection (1) may range from– a court with jurisdiction equivalent to that of the national court; or a court with jurisdiction equivalent to that of the national court, such jurisdiction to be limited to and in relation to bougainville. national laws and bougainville laws shall be enforceable in all courts in the national judicial system. the name “national court” shall not be used in any form for any court established under subsection (1). 307. establishment of tribunals in bougainville the bougainville constitution may make provision for the establishment within bougainville by or in accordance with a bougainville law, or by consent of the parties concerned, of arbitral or conciliatory tribunals, whether ad hoc or other, outside the national judicial system and such tribunals shall be subject to section 159 (tribunals, etc., outside the national judicial system). 308. jurisdiction of bougainville courts the bougainville constitution may provide for that powers of a bougainville court with jurisdiction similar to that of the national court may include power to– make orders in the nature of prerogative writs and such other orders as are necessary to do justice in the circumstances of a particular case; and exercise jurisdiction under the criminal code; and subject to subsection (2), review the exercise of judicial authority by bougainville courts and by bougainville tribunals; and determine questions of interpretation of the bougainville constitution; and protect and enforce human rights. the bougainville constitution shall provide that, where a person has a right of appeal from a bougainville court to a bougainville court established under section 306(4)(a) (establishment of courts in bougainville), he has an alternative (but not an additional) right of appeal to the national court. a resident of bougainville may commence an action for the enforcement of human rights in the national court or in a bougainville court or institution with competent jurisdiction. the national court shall have the power– to review the exercise of judicial authority by bougainville courts (other than a bougainville court established under section 306(4)(a) (establishment of courts in bougainville) and by bougainville tribunals; and equal to the power of a bougainville court established under section 306(4)(a) (establishment of courts in bougainville), to hear appeal from bougainville courts, but such power shall be exercised only as an alternative appeal and not as an appeal additional to that which by law may be made to the bougainville court established under section 306(4)(a) (establishment of courts in bougainville). the supreme court shall be the final court of appeal for bougainville including appeals on determinations made under subsection (1)(d). an organic law may make further provision for the relationship between bougainville courts and other courts in the national judicial system and for the manner in which the responsibilities of other courts in bougainville in the national judicial system shall be transferred to bougainville courts of equivalent jurisdiction. 309. appointment of judges, etc. the bougainville constitution may make provision for an independent appointments body to appoint judges to a bougainville court established under section 306(4)(a) (establishment of courts in bougainville). the appointments body referred to in subsection (1) shall include two members of the judicial and legal services commission, appointed by that commission. the bougainville constitution shall otherwise provide for the appointment, terms and conditions of employment, seniority and removal from office of judges of a bougainville court. ajudge of the national court may hold an appointment as a bougainville judge concurrently with his tenure of appointment as a judge of the national court; and bougainville judge may hold an appointment as a judge of the national court concurrently with his tenure of appointment as a bougainville judge. subdivision e. bougainville government services 310. bougainville government services the bougainville constitution may make provision for bougainville government services being – a bougainville public service; and bougainville police; and a bougainville correctional service; and such other bougainville government services as may be necessary, in accordance with this part, and may provide for bougainville laws to make further provision in respect of bougainville government services. the bougainville constitution shall make provision for a head of bougainville government service to be responsible to the bougainville executive, and for the manner in which he is to be so responsible. members of a bougainville government service shall take an oath of allegiance or make an affirmation of allegiance in accordance with section 7 (oath of allegiance), section 250 (making of declaration of loyalty, etc.,) and section 251 (taking certain oaths, etc., by non-citizens). any official marking on the uniforms, vehicles, premises and stationery of bougainville police and bougainville correctional service shall include the national emblem or name. an organic law may make provision for co-operative and transitional arrangements between national state services and bougainville government services. subdivision f. bougainville public service 311. bougainville public service the bougainville constitution may make provision for a bougainville public service under bougainville law to be responsible for the administration of the powers and functions of the bougainville government. where the bougainville constitution makes provision for a bougainville public service, it shall provide for– bougainville laws for and in respect of– standards for management and control of the bougainville public service; and work value and standard for pay for the bougainville public service; and classification and grade structures in the bougainville public service, compatible with those of the national public service; and an independent body (which may be the public services commission) which will be responsible for reviewing decisions on personnel matters connected with the bougainville public service. for the purposes of subsection (2)(b), “personnel matters” means decisions and other service matters concerning an individual whether in relation to his appointment, promotion, demotion, transfer, suspension, disciplining or cessation or termination of employment (except cessation or termination at the end of his normal period of employment as determined in accordance with law) or otherwise. an organic law shall make provision for– the bougainville government to consult with the national government before making laws relating to the bougainville public service; and arrangements for implementation of the bougainville public service; and transitional arrangements between the national public service and bougainville public service. 312. national public service in bougainville the national public service shall continue to operate in bougainville– to carry out the functions and powers of the national government as specified in section 289 (powers and functions of the national government); and to carry out the functions and powers available to the bougainville government as specified in section 290 (powers and functions available to the bougainville government) until such time as the bougainville public service has been established and the function or power has been transferred to the bougainville government. subdivision g. bougainville police 313. bougainville police the bougainville constitution may make provision under bougainville law for the bougainville police which will be responsible in bougainville for preserving peace and good order and for maintaining and as necessary enforcing national laws and bougainville laws in an impartial and objective manner, with full regard for human rights. where the bougainville constitution makes provision for the bougainville police, it shall provide for– bougainville laws for and in respect of– the structures and organization of the bougainville police; and the terms and conditions of service of the bougainville police; and the core training and personnel development arrangements of the bougainville police, consistent with those of the police force established by section 188(1)(b) (establishment of the state services); and an independent body, which shall include the commissioner of police or his representative and one other representative of the national government appointed by the national government, to be responsible for the appointment and removal for just cause of the head of the bougainville police; and the head of the bougainville police to have a title other than commissioner and to hold a rank below that of the commissioner of police. insofar as it is a function of the bougainville police to lay, prosecute or withdraw charges in respect of offences, the members of the bougainville police are not subject to direction or control by– any person outside the bougainville police; or where acting under any agency arrangement with the police force established by section 188(1)(b) (establishment of the state services), by any person outside that police force. 314. funding of the bougainville police the national government shall provide the bougainville government with funding by way of– guaranteed annual conditional grants for the specific purpose of meeting the recurrent costs of policing in bougainville; and guaranteed conditional grants for the purpose of restoring and further developing civilian peacetime policing in bougainville. an organic law may make provision for and in respect of all matters relating to the grants referred to in subsection (1). 315. police force etc., in bougainville the police force established by section 188(1)(b) (establishment of the state services) shall continue to apply in bougainville to enable the police force established by section 188(1)(b) (establishment of the state services)– to carry out its functions in bougainville; and to enforce national laws and bougainville laws prior to the establishment of the bougainville police; and to fulfil the co-operation arrangements with the bougainville police as specified in the agreement. an organic law shall make provision for– the transitional arrangements to apply until the bougainville police are established and operational; and co-operative arrangements between the police force established under section 188(1)(b) (establishment of the state services) and the bougainville police. subdivision h. bougainville correctional service 316. bougainville correctional service the bougainville constitution may make provision for the bougainville correctional service under bougainville law which will be responsible for the supervision and administration of correctional institutions in bougainville. where the bougainville constitution makes provision for the bougainville correctional service it shall provide for– bougainville laws for and in respect of– the structures and organizations of the bougainville correctional service; and the terms and conditions of service of the bougainville correctional service; and the core training and personnel development arrangements of the bougainville correctional service, consistent with those of the correctional service of the national government; and an independent body, which shall include the commissioner of the correctional service or his representative and one other representative of the national government appointed by the national government to be responsible for the appointment and removal for just cause of the head of the bougainville correctional service; and the head of the bougainville correctional service to have a title other than commissioner and to hold a rank below that of the commissioner of the correctional service of the national government; and co-operate with the correctional service of the national government in the provision and management of correctional institutions and services. 317. funding the bougainville correctional service an organic law shall make provision for and in respect of the funding of the bougainville correctional service. 318. correctional service of the national government in bougainville the correctional service of the national government shall continue to operate and the act of the parliament under which it operates shall continue to apply in bougainville in accordance with the agreement until the bougainville correctional service has been established and is operational and an appropriate bougainville law has been made. an organic law shall make provision for– the transitional arrangements to apply until the bougainville correctional service are established and operational; and co-operative arrangements between the national correctional service and the bougainville correctional service. subdivision i. bougainville salaries and remuneration commission 319. bougainville salaries and remuneration commission the bougainville constitution may establish a bougainville salaries and remuneration commission. the bougainville salaries and remuneration commission shall be responsible for recommending to the bougainville legislature the salaries, allowances and benefits, financial or otherwise (including pensions or retirement benefits if they are not otherwise provided for by law) of all– persons holding elective office under the bougainville constitution; and bougainville constitutional office-holders (including bougainville judges); and the heads of bougainville government services; and such other persons as are specified in the bougainville constitution. in making recommendations under subsection (2), the bougainville salaries and remuneration commission shall take into account advice from the salaries and remuneration commission established by section 216a (the salaries and remuneration commission) on the maintenance of relativities of salaries and conditions of employment with those applicable to similar offices elsewhere in papua new guinea and at the national level. the bougainville legislature– shall determine the salaries, allowances and benefits, financial or otherwise (including pensions or retirement benefits if they are not otherwise provided for by law) of persons referred to in subsection (2) in accordance with a recommendation of the bougainville salaries and remuneration commission; and may accept or reject, but may not amend, any recommendation from the bougainville salaries and remuneration commission. 320. salaries and remuneration commission subject to subsection (2), until the establishment of the bougainville salaries and remuneration commission, the salaries and remuneration commission established by section 216a (salaries and remuneration commission) shall be responsible for recommending to the bougainville legislature the salaries, allowances and benefits, financial or otherwise (including pensions or retirement benefits if they are not otherwise provided for by law) of all pensions referred to in section 319(2) (bougainville salaries and remuneration commission). in carrying out its functions under subsection (1), the salaries and remuneration commission shall include two persons nominated by the bougainville executive in accordance with a bougainville law. the bougainville legislature– shall determine the salaries, allowances and benefits, financial or otherwise (including pensions and retirement benefits if they are not otherwise provided for by law) of persons referred to in section 319(2) (bougainville salaries and remuneration commission) in accordance with a recommendation of the salaries and remuneration commission under this section; and may accept or reject, but may not amend, any recommendation from the salaries and remuneration commission under this section. where the bougainville salaries and remuneration commission has been established, the salaries and remuneration commission established by section 216a (salaries and remuneration commission) shall not be responsible for the salaries, allowances and benefits, financial or otherwise (including pensions and retirement benefits if they are not otherwise provided for by law) of persons referred to in section 3219(2) (bougainville salaries and remuneration commission). subdivision j. powers relating to constitutional office-holders 321. bougainville constitutional office-holders the bougainville constitution may make provision for bougainville constitutional office-holders with powers and functions in bougainville law to be declared a bougainville constitutional office and for the holder of such office to be declared a bougainville constitutional office-holder. the bougainville constitution may make provision for any other office established under the bougainville constitution or a bougainville law to be declared a bougainville constitutional office-holder. the bougainville constitution shall make provision for and in respect of the qualifications, appointment and terms and conditions of employment of bougainville constitutional office-holders and shall– subject to any express provisions in this part, provide that any body established by or under the bougainville constitution to appoint a bougainville constitutional office-holder shall include two persons appointed by the body responsible for the appointment of the equivalent constitutional office-holder under section 221 (definitions) or where there is no such equivalent, by the national executive council; and guarantee the rights and independence of bougainville constitutional office-holders similar to the protections of office of constitutional office-holders under section 221 (definitions). a constitutional office-holder referred to in section 221 (definitions) may enter into co-operative or agency arrangements with the equivalent bougainville constitutional office to avoid gaps and duplication and to encourage common standards. subject to this part, a constitutional office-holder under section 221 (definitions) shall, in bougainville, where an equivalent bougainville constitutional office– has not been established – carry out his responsibilities in respect of powers and functions specified in section 289 (powers and functions of the national government) and section 290 (powers and functions available to the bougainville government); and has been established – carry out his responsibilities in respect of– the powers and functions specified in section 289 (powers and functions of the national government); and such powers and functions specified in section 290 (powers and functions available to the bougainville government) has have not been transferred to the bougainville government. the bougainville government will meet the costs of the establishment and maintenance of bougainville constitutional office-holders. subdivision k. emergency powers 322. bougainville constitution may provide for emergencies the bougainville constitution may make provision for procedures to be followed by the bougainville government to deal with an emergency as defined in section 266 (definitions). 323. declaration of national emergencies in bougainville subject to subsection (2), where circumstances arise in bougainville which make it necessary that the existence of a national emergency be declared under section 228 (declaration of national emergency) in relation to bougainville or part of bougainville, the following provisions shall apply:– the bougainville constitution shall make provision for a procedure whereby the bougainville government may request the national executive council to advise the head of state to declare the existence of a national emergency in relation to bougainville or part of bougainville; where the national executive council agrees to a request under paragraph (a), it shall advise the head of state to declare the existence of a national emergency in relation to bougainville or part of bougainville; where no request under paragraph (a) has been received within a period reasonable in circumstances, the national executive council through a minister shall endeavour to consult with the bougainville government; other than where the existence of a national emergency is declared under paragraph (a) has been received and, due to the urgency of the circumstances, consultation under paragraph (c) has not been possible and is not practicable. subsection (1) does not apply where the existence of a state of emergency is to be declared in respect of the whole of the country or in respect of bougainville and substantial areas of the country other than bougainville. where are declaration of national emergency under section 228 (declaration of national emergency) is in force in relation to bougainville, the national government and the bougainville government shall co-operate in the management of the emergency insofar as relating to bougainville. division 5. fiscal arrangements 324. basic principles of fiscal arrangements the basic principles of the fiscal arrangements between the national government and the bougainville government are as follows: – that the bougainville government shall have sufficient revenue raising powers to enable it to reach fiscal self-reliance, and the national government shall support the bougainville government in reaching fiscal self-reliance; that bougainville shall continue to make a contribution, in accordance with this part and the agreement, to the national government– prior to fiscal self-reliance-through the collection and application of company tax, value added tax and customs duties in bougainville remaining with the national government; and after fiscal self-reliance, through an agreed revenue-sharing formula which may be determined through the review process; except as otherwise provided in this part or the agreement, the costs involved in establishing and maintaining the bougainville government additional to those of the functions and powers covered by recurrent grants under section 326 (1)(a)(i) (grants) shall be shared between the national government and the bougainville government. 325. revenue raising, etc., arrangements subject to the agreement, an organic law shall make provision for– the method of sharing, between the national government and the bougainville government, of taxes collected in bougainville and the manner in which such taxes shall be dealt with both before and after fiscal self-reliance; and the bougainville government to have power to adjust the rate of– personal income tax collected from bougainville; and after fiscal self-reliance – company tax collected in bougainville; and the arrangements between the national government and the bougainville government relating to the collection of taxes; and the bougainville government to have power to establish its own tax regime for all taxes (excluding customs duties, company tax and value added tax); and existing tax incentives in bougainville to continue and for the bougainville government to be empowered– to recommend persons as eligible for tax incentives; and to request new tax incentives; and the audit, by or on behalf of the national government and by or on behalf bougainville government of all taxes collected; and the manner of sharing revenues from activities in areas of sea and seabed beyond the guaranteed three mile limit and within the exclusive economic zone and the continental shelf associated with bougainville. 326. grants the national government shall provide grants to the bougainville government as follows:– recurrent unconditional grants; and restoration and development grants; and conditional grants for specific purposes; and a police grant; and an establishment grant. subject to the agreement, an organic law shall make provision for– the manner of calculation, adjustment (including the effects of progress towards fiscal self-reliance), timing, payment and management of such grants; and methods of consultation between the national government and the bougainville government in relation to such grants. grants provided to the bougainville government under subsection (1) shall be subject to audit by the auditor-general. 327. foreign aid the national government shall use its best endeavours– to obtain foreign aid to support restoration and development in bougainville; and to facilitate the participation of the bougainville government in the management of aid projects. the bougainville government– may seek and obtain foreign aid; and shall keep the national government fully informed as to its efforts under paragraph (a). the national government shall– approve foreign aid obtained by the bougainville government, where the aid– does not reduce the value of aid already available in papua new guinea; and does not conflict with overriding foreign policy considerations; and co-operate with the bougainville government by negotiating such international agreements as may be required to finalize foreign aid identified by the bougainville government. 328. other financial powers and accountability the bougainville constitution or a bougainville law, in addition to other powers conferred by this division– may provide for the bougainville government after consultation with the national government– to raise foreign loans, in accordance with required approvals and other requirements of the bank of papua new guinea; and to raise domestic loans, in accordance with regulation of the banking system by the bank of papua new guinea; and shall provide for the manner of approval and administration of annual budgets (and where appropriate, supplementary budgets) comprising estimates of revenue and expenditure and appropriation of the main functions of the bougainville government; and shall provide for the manner of approval of making expenditures; and shall provide for the maintenance of proper transparent and accurate accounts, compatible with international accounting standards. the bougainville constitution– shall make provision of regular audits of the account as of the bougainville government in addition to audits carried out by, or on behalf of, the auditor-general in the exercise of his powers and the performance of his functions under this constitution; and shall make provision, within the bougainville legislature, for a public accounts committee which shall receive, consider and make recommendations on reports of audits carried out under paragraph (a); and shall make provision whereby, if at the beginning of a financial year the bougainville legislature has not make provision for expenditure for the services of the bougainville government for that year, the bougainville executive may expend amounts up to a limit specified in the bougainville constitution. 329. follow-up to audit reports subject to the agreement, an organic law shall make provision in accordance with the agreement for circumstances where any audit carried out by the auditor-general discloses systematic and widespread abuse (or misuse) of funding provided to the bougainville government by way of recurrent or conditional grant and in particular shall make provision for– the procedures to be followed by the national government and by the bougainville government; and the withholding by the national government in certain circumstances of certain grants; and recourse to the dispute resolution procedure, in relation to any such abuse (or misuse). division 6. intergovernment relations and review 330. interpretation in this division unless the contrary intention appears– “dispute” means any disagreement between the national government and the bougainville government in relation to the autonomy for bougainville and the referendum for bougainville; “dispute resolution procedure” means the dispute resolution procedure set out in section 333 (joint supervisory body); “inter governmental relations” means relations between the national government and the bougainville government “joint supervisory body” means the joint supervisory body established by section 332 (joint supervisory body); “review” means review under section 337 (reviews). 331. principles of intergovernmental relations the general principles of intergovernmental relations between the national government and the bougainville government are as follows:– that the autonomy arrangements, having been reached through consultation and cooperation, should be implemented in like manner; that there be a procedure to avoid, minimize and resolve disputes; that the national government has no power to withdraw powers from the bougainville government or to suspend it. 332. joint supervisory body there is established a joint supervisory body consisting of– not less than two members appointed by the national executive council; and not less than two members appointed by the bougainville executive. there shall be an equal number of members appointed under subsection (1)(a) and (b). the functions of the joint supervisory body are– to oversee implementation of the agreement and of this part in accordance with the agreement; and to provide a consultative forum at which consultation between the national government and the bougainville government and their agencies can take place. the joint supervisory body shall have such powers as are necessary to enable it to perform its functions under this part and the agreement. the joint supervisory body– subject to paragraph (b), shall, at its first meeting, develop its own procedures and fix the frequency of its meeting (which shall be at least once in each year); and provide that any of its members may put matters on an agenda of a meeting; and at its first meeting elect one of the members under subsection (1)(a) to be the chairman and at its second meeting elect one of the members under subsection (1)(b) to be the chairman and thereafter elect a chairman from subsection (1)(a) and (b) in rotation. 333. dispute resolution procedure the dispute resolution procedure is as follows:– the dispute resolution procedure is as follows:– where appropriate, between the relevant agencies of each government; or where consultation under subparagraph (i) is not practicable or successful, through the joint supervisory body; where a dispute cannot be resolved by consultation under paragraph (a), it shall be referred for mediation and arbitration under section 334 (mediation and arbitration), unless otherwise agreed by the national government and the bougainville government; where a dispute cannot be resolved under paragraph (a) or (b), or where the parties otherwise agree it may be submitted to the jurisdiction of the courts; where a dispute involves a point of law, that point of law may be submitted to the jurisdiction of the courts without application of paragraph (a) or (b). 334. mediation and arbitration where a dispute proceeds to mediation or arbitration, the national government and the bougainville government shall agree on the mediator or arbitrator. the mediator or arbitrator shall determine procedures to be followed in the initial consideration of a dispute referred to him and shall determine whether a dispute is or is not suitable for mediation or arbitration. where the mediator or arbitrator determines that a dispute is not suitable for arbitration or mediation, he shall issue to each of the parties to the dispute a certificate to that effect. where the mediation or arbitration proceeds, the mediator or arbitrator shall determine the procedures to be followed. 335. dispute resolution in the courts the courts shall have jurisdiction in a dispute– in accordance with section 333 (d) (dispute resolution procedure), where dispute involves a point of law; and where the parties so agree; and where the mediation or arbitration procedure fails to resolve the dispute and one or other party wishes to take the matter to court; and prescribed as a dispute in relation to which the courts have jurisdiction. 336. panel of persons with appropriate expertise subject to subsection (2), at any stage in the dispute resolution procedure, the parties may agree to appoint a panel of persons with expertise appropriate to the matter in dispute. where a mediator or arbitrator has been appointed in respect of a dispute, his consent to the appointment of a panel under subsection (1) shall be sought. 337. reviews the national government and bougainville government– shall meet as close as is practicable to the fifth anniversary of the establishment of the bougainville government and every five years thereafter, jointly to review the autonomy arrangements; and may agree to additional reviews of the autonomy arrangements at any time; and shall present a report of each review under paragraph (a) or (b) to the national parliament and to the bougainville legislature. a review under subsection (1) of the autonomy arrangements shall follow and consider separate reviews by independent experts of particular aspects, including – the financial arrangements – grants, taxes and progress towards fiscal self-reliance; and the bougainville government services and other aspects of public sector administration in bougainville – including size, efficiency, effectiveness, and related matters; and technical and legal aspects, including issues arising from judicial interpretation, and the distribution of powers and functions; and such other areas as the bougainville government and the national government may agree. the terms of reference for a review shall specify that, unless otherwise agreed, they are intended to improve, clarify and strengthen the autonomy arrangements consistently with the objectives and principles in the agreement. the national government and the bougainville government may, by agreement, defer the specialist reviews or incorporate the issues with which they deal in the general view. the reports of the specialist reviews will include drafts or drafting instructions for any legislative amendments they recommend. in the event that either the national parliament or the bougainville legislature passes any amendments proposed under subsection (5) according to its own constitutional procedures and the other does not, the bougainville government on behalf of the bougainville legislature and the national government on behalf of the national parliament, shall follow the dispute resolution procedure up to the level of mediation or arbitration. any point lf law arising from the application of subsection (6) shall be referred to the supreme court. a mediator or arbitrator may not give directions to the national parliament or the bougainville legislature but may order the national government and the bougainville government to present a report in the national parliament and the bougainville legislature recording the views of both governments and containing their own recommendations on differences between them. in addition to the reviews under subsection (1), the national government and the bougainville government shall hold annual, wide-ranging consultations on the general operation of the autonomy arrangements. unless the national government and the bougainville government agree to some other method, the consultation under subsection (9) shall be held through the joint supervisory body. division 7. bougainville referendum 338. referendum to be held subject to this section, a referendum on the future political status of bougainville shall be held in accordance with this division. subject to subsection (7), the referendum shall be held on a date agreed after consultation by the bougainville government with the national government, which date shall be not earlier than 10 years and, notwithstanding any other provision, not more than 15 years after the election of the first bougainville government. the date referred to in subsection (2) shall be determined after considering whether– weapons have been disposed of in accordance with the agreement; and in accordance with subsection (4), it has been determined that the bougainville government has been and is being conducted accordance with internationally accepted standards of good governance. the question whether the bougainville government has been and is being conducted in accordance with internationally accepted standards of good governance shall determined in accordance with the review and the dispute resolution procedure. for the purposes of subsection (4), the internationally accepted standards of good governance, as they are applicable and implemented in the circumstances of bougainville and papua new guinea as a whole, include democracy, the opportunity for participation by bougainvilleans, transparency, accountability, and respect for human rights and the rule of law, including this constitution. the national government and the bougainville government shall co-operate in ensuring progress towards achieving and maintaining the standards referred to in subsection (5). the referendum shall not be held where the bougainville government decides, in accordance with the bougainville constitution, after consultation with the national government, that the referendum shall not be held. 339. the question or questions to be put the question or questions to be put at the referendum– shall be agreed to by the national government and the bougainville government; and shall be formulated to avoid a disputed or unclear result; and shall include a choice of separate independence for bougainville. 340. manner of conducting referendum an organic law shall make provision for the manner in which the referendum is to be conducted and in particular shall make provisions for and in relation tothe authorities to be jointly responsible for preparing for and conducting the referendum and for the arrangements whereby they shall exercise joint authority; and electorates and polling places; and electoral rolls, enrolment, objections to enrolment and appeals relating to enrolment; and postal voting; and polling and scrutiny; and interpreters; and offences; and polling and scrutiny; and communicating the results of the referendum to the national government; and the invitation of international observers to observe the conduct of the referendum; and such other matters as may be required effectively to conduct the referendum. 341. referendum to be free and fair the national government and the bougainville government shall-co-operate to ensure that the referendum is free and fair. 342. referendum results and implementation the national government and the bougainville government shall consult over the results of the referendum subject to the consultation referred to subsection (1), the minister responsible for the bougainville referendum shall take the results of the referendum in the national parliament and the speaker of the national parliament shall furnish to the bougainville executive a copy of the minutes of the relevant proceedings and of any decision made in the national parliament regarding the referendum. 343. resolution of differences on referendum any differences between the national government and the bougainville government in relation to the referendum shall be resolved in accordance with the dispute resolution procedure. division 8. immunity from prosecution 344. immunity from prosecution the purpose of this section is to assist in the reconciliation process bougainville, and it is the intention of the parliament that the provisions of this section be so applied as to assist in achieving this purpose. there shall be immunity from prosecution in accordance with this section in respect of certain offences arising from crisis-related activities in relation to the bougainville conflict. the head of state, acting with, and in accordance with, the advice of the national executive council, may by declaration published in the national gazette, declare– subject to paragraph (b), the class or classes of offences to which the immunity is to apply or not apply; and the nature of crisis-related activities which shall qualify the offences for the immunity; and the period of time to which the immunity shall apply; and such other matters as are necessary to ensure that the immunity can be effected. where a declaration has been made under subsection (3), no charge shall be laid and no prosecution– shall be initiated; or if initiated, shall be pursued, in respect of an offence – included in the offences described pursuant to subsection (3)(a); and of a nature described in subsection (3)(b); committed during the period specified in subsection (3)(c). the provisions of this section– may be applied generally in respect of classes of offences and classes of circumstances without the need to identify alleged offenders; and shall apply to offences whether or not a charge has been laid in respect of them. division 9. miscellaneous 345. requirement for amendment of this part; etc the provisions of this section are in addition to and are not in derogation of the provision of section 14 (making of alterations to the constitution and organic laws). where the national government or the bougainville government seeks to present or have presented in the parliament an amendment to this part or to an organic law authorized by this part, it shall– consult with the other government concerning the proposed amendments; or submit the proposed amendment to a review, before presenting it or having it presented in the parliament. where an amendment to this part or to an organic law authorized by this part is proposed to be presented in the parliament, the minister responsible for constitutional law matters in relation to bougainville shall, as soon as practicable after the proposed amendment is published in the national gazette (or earlier if the minister has notification of the proposed amendment) send a copy of the proposed amendment to the bougainville government and the two governments shall consult with each other concerning the proposed amendment. an amendment referred to in subsection (2) or (3) cannot become law unless– it is passed by the national parliament in accordance with section 14 (making of alterations to the constitution and organic laws); and before the second vote in the national parliament on the amendment in accordance with section 14 (making of alterations to the constitution and organic laws), on a motion in the bougainville legislature for approval of the amendment as presented to the parliament, there is– in the case of an amendment to division 7 or to this subsection – a two-thirds absolute majority vote of members of the bougainville legislature in favour of the amendment; and in the case of an amendment to this part, other than to division 7 or to this subsection – a simple majority vote of the members of the bougainville legislature in favour of the amendment. the person presiding over the bougainville legislature on the occasion of a vote taken under subsection (4)(b) or (ii) shall, as soon as practicable after the vote has been taken, send to the speaker of the national parliament details of the result of the vote. 346. prescribed majority of votes required for this part, etc. for the purposes of section 14 (making of alterations to the constitution and organic laws), the prescribed majority of votes for this part is a two-thirds absolute majority vote. for the purposes of section 14 (5)(b)(i) (making of alterations to the constitution and organic laws) the prescribed majority of votes for an organic law authorized by this part is a two-thirds absolute majority. 347. organic laws where this part authorizes an organic law to make provision for any matter, the organic law may make full provision for all aspects of that matter, notwithstanding that all such aspects have not been expressly referred to in the provision authorizing the organic law. 348. transitional provisions an organic law may make provision for all matters relating to the transition of bougainville from the system of government immediately before the coming into operation of this part to the system of government for which provision is made in this part. 349. constitutional regulations the head of state, acting with, and in accordance with, the advice of the national executive council, may make constitutional regulations not inconsistent with this part prescribing all matters that by this part are required or permitted to be prescribed or that are necessary or convenient to be prescribed for carrying out and giving effect to this part. the constitutional regulations under subsection (1) shall not be made, amended or repealed except with the approval of the bougainville executive in accordance with the bougainville constitution and the agreement. schedule 1. rules for shortening and interpretation of the constitutional laws part 1. introductory sch.1.1. application of schedule 1 the rules contained in this schedule apply, unless the contrary intention appears, in the interpretation of the constitution and of the organic laws. unless adopted by law for the purposes, they do not apply to any other law. part 2. general sch.1.2. meaning of certain expressions in this constitution or an organic law"absolute majority vote", in relation to proceedings in the parliament, means"act" includes omission or failure to act; "act of the parliament" means a law (other than a constitutional law) made by the parliament, and includes a subordinate legislative enactment made under any such law; "alter", in relation to any provision of this constitution or any other law, includes repeal (with or without re-enactment or the making of other provision), amend, modify, suspend (or remove a suspension) or add to the words or effect of the provision; "committee", in relation to the parliament, includes a subcommittee of a committee of the parliament; "constitutional law" means this constitution, a law altering this constitution or an organic law; "the country" means the area of papua new guinea; "custom" means the customs and usages of indigenous inhabitants of the country existing in relation to the matter in question at the time when and the place in relation to which the matter arises, regardless of whether or not the custom or usage has existed from time immemorial; "the day fixed for the return of the writs for a general election" meansin the case of a general election where there is no extension of the time for the return of any writ or the time for the return of all writs is extended the day by which the writs are to be returned; and in any other case the day by which the majority of the writs are to be returned. "the declaration of office" means a declaration in the form in schedule 3; "the deputy leader of the opposition" means the member of the parliament (if any) recognized by the parliament as being the second principal speaker on behalf of those members of the parliament who are not generally committed to support the government in the parliament; "deliberate judgement", in relation to an act, has the meaning and effect attributed to it by section 62 (decisions in "deliberate judgement"); "emergency regulation" means a law that is made in accordance with section 231 (emergency regulations); "fiscal year", in relation to any activity of the national government, means the period of 12 months commencing on 1 july or on such other date as is fixed by an act of the parliament for the purpose; "of full capacity", in relation to a person means that he is not of unsound mind within the meaning of any law relating to the custody or protection of the persons or property of persons of unsound mind; "governmental body" meansthe national government; or a provincial government; or an arm, department, agency or instrumentality of the national government or a provincial government; or a body set up by statute or administrative act for governmental or official purpose; "judge" means a judge of the supreme court or a judge of the national court; "judge of the national court" means the chief justice, the deputy chief justice or a judge, and includes an acting judge; "judge of the supreme court" means a judge of the national court, other than an acting judge; "the judicial declaration" means a declaration in the form in schedule 4; "judicial officer" means a judge or magistrate of a court within the national judicial system(other than a magistrate or member of a village court) in his capacity as such; "law" includes the underlying law; "lawyer" means a person who has been admitted to practice as a lawyer under an act of the parliament; "the leader of the opposition" means the member of the parliament (if any) recognized by the parliament as being the principal speaker on behalf of those members of the parliament who are not generally committed to support the government in the parliament; "local government body" includes a local government council and a local government authority established under the pre-independence law known as the local government act 1963 or any other law; "medical practitioner" means a person who has been admitted to practice as a medical practitioner under an act of the parliament; "the minister" in relation to any constitutional law, provision, matter or thing, means the minister for the time being administering that constitutional law or provision, or the minister for the time being administering the constitutional law or provision that governs that matter or thing, as the case may be; "misconduct in office" means misconduct in office as described in section 27 (responsibilities of office) or as prescribed by an organic law made for the purposes of section 28 (further provisions) or as prescribed by an organic law made for the purposes of subdivision vi.2.h (protection of elections from outside or hidden influence and strengthening of political parties); "the national gazette" includes any special national gazette or national gazette extraordinary, and any supplement to a national gazette; "papua new guinea" means the independent state of papua new guinea; "parliamentary leader of, a registered political party" or "parliamentary leader" means the member of the parliament elected by a registered political party to be its parliamentary leader; "personal staff", in relation to the governor-general, a minister, the leader of the opposition or the deputy leader of the opposition, means the staff supplied to him by or under an act of the parliament at the public expense, not being members of the national public service in their capacities as such; "pre-independence law" has the same meaning as in section sch.2.6 (adoption of pre-independence laws); "pre-independence supreme court" means the pre-independence court known as the supreme court of papua new guinea, the supreme court of the territory of papua and new guinea or the supreme court of the territory of papua new guinea; "provincial government body" "provincial law" means a law made or adopted by a provincial legislature, and includes a subordinate legislative enactment made under any such law; "public accounts of papua new guinea" includes all accounts, books and records of, or in the custody, possession or control of, the national executive or of a public officer, relating to public property or public moneys of papua new guinea; "public moneys of papua new guinea" includes moneys held in trust by the national executive or a public officer in his capacity as such, whether or not they are so held for particular persons; "principles of natural justice" means the principles referred to in division iii.4 (principles of natural justice), and where those principles have been altered in accordance with section 60 (development of principles), or by an act of the parliament, includes those principles as so altered; "public office" meansan office of any state service or of a provincial service; or any other constitutional office; or an office or position established by statute for administrative or governmental purposes; or any other office or position declared by a statute to be a public office other than an elective public office; "public office-holder" meansa member of any of the state services or of a provincial service; or any other constitutional office-holder; or the holder of any office or position established by statute for administrative or governmental purposes; or the holder of any other office or position declared by a statute to be a public office; "the public trustee" means the officer (by whatever title known) charged with the duty of administering deceased intestate estates; "seat", in relation to the parliament, includesthe position of an elected member, whether or not the position is for the time being filled; and where there is for the time being a nominated member appointed in accordance with section 102 (nominated members)the position of that nominated member; "statute" means an act of the parliament, an emergency regulation or a provincial law, and includes a subordinate legislative enactment made under any such law; "subordinate legislative enactment" means a regulation or any other instrument (whether of a legislative nature or not) made under a statute; "taxation" includes rates, charges and fees and imposts of any kind; "time of war" means a period during which a declaration under section 227 (declaration of war) is in force; "the underlying law" meansthe underlying law provided for by an act of the parliament under section 20(1) (underlying law and pre-independence statutes); and until such time as there is an act of the parliament, the underlying law prescribed in schedule 2 (adoption, etc., of certain laws); "village court" means a court referred to in section 172(2) (establishment of other courts). unless the contrary intention appears, where an expression is defined for any purpose in this schedule, or otherwise in a constitutional law, then for that purpose all grammatical variations and cognate and related expressions are to be understood in the same sense. unless the contrary intention appears, a reference in a constitutional law to an institution, office or other thing shall be read as a reference to the appropriate institution, office or thing established or provided for this constitution, or referred to in the preamble to this constitution. sch.1.3. form of the constitutional laws the preamble to this constitution (being the provisions that end immediately before the heading to part i) forms part of this constitution, but expresses general principles and therefore must be read subject to any other provision of this constitution, though it may be used as an aid to interpretation in cases of doubt. the heading or head-notes to the various sections of a constitutional law do not form part of the law, but other headings and notes do form part of the law. each provision of a constitutional law takes effect as a constitutional law. where a reference in a provision of a constitutional law to another provision of that law, or to a provision of another constitutional law, is followed by words in brackets describing, or purporting to describe, the effect of the provision so referred to, the description or purported description does not, unless the contrary is expressed, affect the meaning or effect of the provision so referred to. sch.1.4. constitutional laws speak from time to time a constitutional law speaks from time to time. sch.1.5. fair meaning to be given to language used each constitutional law is intended to be read as a whole. all provisions of, and all words, expressions and propositions in, a constitutional law shall be given their fair and liberal meaning. sch.1.6. statements of general principle where a provision of a constitutional law is expressed to state a proposition "in principle", thenan act (including a legislative, executive or judicial act) that is inconsistent with the proposition is not, by reason of that inconsistency alone, invalid or ineffectual; but if the act is reasonably capable of being understood or given effect to in such a way as not to be inconsistent with the proposition it shall be so given effect to. sch.1.7. non-justiciable" where a constitutional law declares a question to be non-justiciable, the question may not be heard or determined by any court or tribunal, but nothing in this section limits the jurisdiction of the ombudsman commission or of any other tribunal established for the purposes of division iii.2 (leadership code). sch.1.8. gender and number in a constitutional lawwords importing the masculine gender include females; and words in the singular include the plural and words in the plural include the singular. sch.1.9. provision where no time prescribed where no time is prescribed or allowed within which an act is required or permitted by a constitutional law to be done, the act shall or may be done, as the case may be, with all convenient speed and as often as the occasion arises. sch.1.10. exercise and performance of powers and duties where a constitutional law confers a power or imposes a duty, the power may be exercised, or the duty shall be performed, as the case may be, from time to time as occasion requires. where a constitutional law confers a power or imposes a duty on the holder of an office as such, the power may be exercised, or the duty shall be performed, as the case may be, by the holder (whether substantive or other) for the time being of the office. where a constitutional law confers a power to make any instrument or decision (other than a decision of a court), the power includes power exercisable in the same manner and subject to the same conditions (if any) to alter the instrument or decision. subject to subsection (5), where a constitutional law confers a power to make an appointment, the power includes power to remove or suspend a person so appointed, and to appoint another person temporarily in the place of a person so removed or suspended or, where the appointee is for any reason unable or unavailable to perform his duties, to appoint another person temporarily in his place. the power provided for by subsection (4) is exercisable only subject to any conditions to which the exercise of the original power or appointment was subject. sch.1.11. determination of appropriate authority where a constitutional law refers to "the appropriate permanent parliamentary committee", the parliament shall determine which permanent parliamentary committee is the appropriate committee for the purpose and where the parliament fails to do so the speaker may so determine. sch.1.12. power of majority of more than two persons, and quorums where a constitutional law requires or permits an act or thing to be done by more than two persons, a majority of them may do it. subsection (1) does not affect any requirement of a quorum, and, subject to subsection (3), where no quorum is prescribed for a body the quorum is the full membership of the body. a power conferred by a constitutional law, otherwise than on the body in question, to determine the procedures of a body includes power to determine a quorum. the exception contained in subsection (3) does not apply to the national executive council. sch.1.13. attainment of age for any purpose of a constitutional law, a person attains a certain age at the first moment of the relevant anniversary of his birth. sch.1.14. reference to series where in a constitutional law a reference is made to a series by reference to two numbers, one at the beginning and at the end of the series, each of those numbers forms part of the series. the reference in subsection (1) to numbers include, where the elements of a series are identified by letters or in some other manner, references to letters or that other means of identification. sch.1.15. residence where in a constitutional law there is a requirement for any purpose of permanent residence or of continuous residence in a place (including the area of papua new guinea), an organic law may provide thatperiods of temporary absence from that place shall not be counted as periods of residence in that place; or periods of temporary absence from that place shall not be counted as periods of residence in that place but otherwise do not affect the continuity of residence. in subsection (1), "temporary absence" means, subject to subsection (3), absence for temporary purposes with the intention of returning. an organic law may further provide for the definition of classes of absence that constitute or do not constitute temporary absence for the purposes of any provision of a constitutional law. sch.1.16. effect of time limits where in a constitutional law a time limit is imposed for the doing of an act (whether the provision is mandatory, directory or permissive, and whether it is positive or negative), and in a particular case it is not practicable to comply with that limitation, the period shall be deemed to be extended by whatever period is necessary to make compliance practicable. the operation of subsection (1) is not excluded by a provision that unqualifiedly specifies a time limit or a maximum time limit. sch.1.17. repeal, etc. the repeal of a constitutional law or a part of a constitutional law does notrevive anything (including a statute or any part of the underlying law) that was not in force or existing immediately before the repeal took effect; or affect the previous operation of the repealed provisions or anything duly done or suffered; or affect any right, privilege, obligation or liability acquired, accrued or incurred under the repealed provisions; or affect any penalty, forfeiture or punishment incurred in respect of an offence committed against the repealed provisions; or affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and the penalty, forfeiture or punishment may be imposed, as if the repealed provisions had continued in force. in particular, the repeal of a constitutional law or a part of a constitutional law does notaffect any liability under division iii.2 (leadership code); or prevent the ombudsman commission or any other tribunal established for the purpose of that division from investigating any act, to which the repealed provisions were relevant. where a constitutional law or a part of a constitutional law is repealed and re-enacted (with or without modification), references in any other law to any of the repealed provisions shall, unless the contrary intention appears, be read as a reference to the amended or replacing provision. in this section, "repeal" includes revocation, suspension and expiry. sch.1.18. disallowance, etc. where a constitutional law provides that a law may be disallowed, the disallowance takes effect in the same way as a repeal of a provision of a constitutional law takes effect except that, if the disallowed law altered any other law, the disallowance revives the other law as in force before the alteration. for the purpose of subsection (1), a refusal or failure by the parliament to confirm, approve or extend a law that requires such confirmation, approval or extension has the same effect as a disallowance. sch.1.19. independence where a constitutional law provides that a person or institution is not subject to control or direction, or otherwise refers to the independence of a person or institution, that provision does not affectcontrol or direction by a court; or the regulation, by or under a constitutional law or an act of the parliament, of the exercise or performance of the powers, functions, duties or responsibilities of the person or institution; or the exercise of jurisdiction under division iii.2 (leadership code), subdivision viii.i.b (the auditor-general), or subdivision viii.i.c (the public accounts committee), and does not constitute an appropriation of, or authority to expend, funds. sch.1.20. regulation of acts, etc. a provision of a constitutional law that provides for the regulation of an act or thing does not extend to prohibition, whether in law or in effect. part 3. special provisions relating to the office of head of state sch.1.21. the head of state"; "the governor-general" for the avoidance of doubt, it is hereby declared thatin this constitutiona reference to "the head of state" is a reference to the queen and head of state of papua new guinea for the time being and includes a reference to the person or persons exercising sovereignty over the united kingdom of great britain and northern ireland in the event of the youth or incapacity of the person in that sovereignty; and a reference to "the governor-general" does not include a reference to the queen or the person exercising sovereignty over the united kingdom of great britain and northern ireland; and a reference to "the head of state" is a reference to the queen or a person exercising sovereignty over the united kingdom of great britain and northern ireland or, where such a person does not act personally, to the governor-general as the representative of the queen or that person; and the question, whether in performing a function or carrying out a duty as head of state the governor-general is acting in accordance with the will or opinion of the person exercising sovereignty over the united kingdom of great britain and northern ireland, is non-justiciable and is not subject to the jurisdiction of the ombudsman commission or any other person or authority. schedule 2. adoption, etc., of certain laws part 1. custom sch.2.1. recognition, etc., of custom subject to subsections (2) and (3), custom is adopted, and shall be applied and enforced, as part of the underlying law. subsection (1) does not apply in respect of any custom that is, and to the extent that it is, inconsistent with a constitutional law or a statute, or repugnant to the general principles of humanity. an act of the parliament mayprovide for the proof and pleading of custom for any purpose; and regulate the manner in which, or the purposes for which, custom may be recognized, applied or enforced; and provide for the resolution of conflicts of custom. part 2. reception of a common law, etc. sch.2.2. adoption of a common law subject to this part, the principles and rules that formed, immediately before independence day, the principles and rules of common law and equity in england are adopted, and shall be applied and enforced, as part of the underlying law, except if, and to the extent thatthey are inconsistent with a constitutional law or a statute; or they are inapplicable or inappropriate to the circumstances of the country from time to time; or in their application to any particular matter they are inconsistent with custom as adopted by part i. subject to subsection (1)(a), (b) and (c), the principles and rules adopted under subsection (1) include principles and rules relating to the royal prerogative, except insofar as they provide fora power to declare martial law; or a power to grant letters of denization or similar privileges; or a power to do any other act, provision for the doing of which is made by a constitutional law or an act of the parliament. the principles and rules of common law and equity are adopted as provided by subsections (1) and (2) notwithstanding any revision of them by any statute of england that does not apply in the country by virtue of section sch.2.6 (adoption of pre-independence laws). in relation to any particular question before a court, the operation of subsection (1)(b) shall be determined by reference, among other things, to the circumstances of the case, including the time and place of any relevant transaction, act or event. part 3. development of an underlying law for papua new guinea sch.2.3. development, etc., of the underlying law if in any particular matter before a court there appears to be no rule of law that is applicable and appropriate to the circumstances of the country, it is the duty of the national judicial system, and in particular of the supreme court and the national court, to formulate an appropriate rule as part of the underlying law having regardin particular, to the national goals and directive principles and the basic social obligations; and to division iii.3 (basic rights); and to analogies to be drawn from relevant statutes and customs; and to the legislation of, and to relevant decisions of the courts of, any country that in the opinion of the court has a legal system similar to that of papua new guinea; and to relevant decisions of courts exercising jurisdiction in or in respect of all or any part of the country at any time, and to the circumstances of the country from time to time. if in any court other than the supreme court a question arises that would involve the performance of the duty imposed by subsection (1), then, unless the question is trivial, vexatious or irrelevantin the case of the national courtthe court may; and in the case of any other court (not being a village court)the court shall, refer the matter for decision to the supreme court, and take whatever other action (including the adjournment of proceedings) is appropriate. sch.2.4. judicial development of the underlying law in all cases, it is the duty of the national judicial system, and especially of the supreme court and the national court, to ensure that, with due regard to the need for consistency, the underlying law develops as a coherent system in a manner that is appropriate to the circumstances of the country from time to time, except insofar as it would not be proper to do so by judicial act. sch.2.5. reports on the development of the underlying law in their reports under section 187(1) (reports by judges), and in any report under section 187(2) (reports by judges) if in their opinion it is desirable to do so, the judges shall comment on the state, suitability and development of the underlying law, with any recommendations as to improvement that they think it proper to make. sch.2.6. adoption of pre-independence law in subsection (2), "pre-independence law" meansa law (including a law that had not yet come into operation) that was repealed by the laws repeal act 1975 made by the pre-independence house of assembly for papua new guinea, and includesa law that was, and to the extent that it was, continued in force under or by virtue of any such law; and a purported law that might have been (but had not been declared by a court to be) invalid by reason of a failure to comply with any other law in respect of the manner of its assent, other than such a law that was repealed or superseded, or had expired or was spent, before the commencement of the laws repeal act 1975; and the laws of australia specified in part 1 of schedule 5 as in force in the country immediately before independence day; and the laws of england specified in part 2 of schedule 5 as in force in the country immediately before independence day; and subordinate legislative enactments under any such laws that were in force in the country immediately before the repeal, or immediately before independence day, as the case may be. subject to any constitutional law, all pre-independence laws are, by virtue of this section, adopted as acts of the parliament, or subordinate legislative enactments under such acts, as the case may be, and apply to the extent to which they applied, or purported to apply, immediately before the repeal referred to in subsection (1)(a), or immediately before independence day, as the case may be. for the avoidance of doubt it is hereby declared that where a pre-independence law to which subsection (2) applies has not been brought into operation, and does not itself express a date on which it is to come into operation, it may be brought into operationin the case of an acton a date to be fixed by the head of state by notice published in the national gazette; and in the case of a subordinate legislative enactment by publication in the national gazette. sch.2.7. adoption of adopted law a law adopted by section sch.2.6 (adoption of pre-independence laws) takes effect subject to such changes as to names, titles, offices, persons and institutions, and to such other formal and non-substantive changes, as are necessary to adapt it to the circumstances of the country and to the constitutional laws. a constitutional regulation may prescribe changes to be made for the purposes of subsection (1) and any such regulation is conclusive to the changes so prescribed, but no omission to prescribe a change affects the generality of that subsection. a question as to a change to be made for the purposes of subsection (1) is not a question relating to the interpretation or application of any provision of a constitutional law within the meaning of section 18 (original interpretative jurisdiction of the supreme court), but this subsection does not affect the operation of section 19 (special references to the supreme court). part 5. judicial precedent sch.2.8. effect of part 5 nothing in this part affects or is intended to affect, except to the extent specifically set out in this partthe legal doctrine of judicial precedent (also known as stare decisis); or the principles of judicial comity; or the rules of private international law (also known as conflict of laws); or the legal doctrine known as res judicata, or the further development and adoption of those doctrines, principles and rules in accordance with part 3 of this schedule (development of an underlying law for papua new guinea). except as provided by or under an act of the parliament, this part does not apply to or in respect of village courts. sch.2.9. subordination of courts all decisions of law by the supreme court are binding on all other courts, but not on itself. subject to section sch.2.10 (conflict of precedents), all decisions of law by the national court are binding on all other courts (other than the supreme court), but not on itself (except insofar as a decision of the national court constituted by more judges than one is of greater authority than a decision of the court constituted by a lesser number). subject to this part, all decisions of law by a court other than the supreme court or the national court are binding on all lower courts. in subsection (4), "lower court", in relation to a matter before a court, means a court to which proceedings by way of appeal or review (whether by leave or as of right) lie from the first-mentioned court in relation to the matter. sch.2.10. conflict of precedents where it appears to a court other than the supreme court or the national court thatthere are more decisions of law than one that are otherwise binding on it by virtue of the preceding provisions of this part and that, in relation to the matter before it, the decisions are conflicting; or a decision of law that is otherwise binding on it by virtue of the preceding provisions of this part and that is otherwise applicable to the matter before itis not, or is no longer, appropriate to the circumstances of the country or of the matter; or is inconsistent with any custom that is part of the underlying law and is applicable in relation to the matter; or is seriously inconsistent with the trend of the adoption and development of the law in other respects, then unless the question is trivial, vexatious or irrelevant the court may, and shall if so requested by a party to the matter, state a case to the court that made the decision or decisions or the equivalent court, or if there be no such court to the national court, and take whatever other action (including the adjournment of proceedings) is appropriate. where a case is stated in accordance with subsection (1), the court to which it is stated may require or permit the minister responsible for the national justice administration to be represented by counsel to assist the court. sch.2.11. prospective over-ruling subject to any decision of law that is binding upon it, in over-ruling a decision of law or in making a decision of law that is contrary to previous practice, doctrine or accepted custom, a court may, for a special reason, apply its decision of law only to situations occurring after the new decision. in the circumstances described by subsection (1), a court may apply to a situation a decision of law that was over-ruled after the occurrence of the situation, or a practice, doctrine or custom that was current or accepted at the time of the occurrence of any relevant transaction, act or event. in a case to which subsection (1) or (2) applies, a court may make its decision subject to such conditions and restrictions as to it seem just. sch.2.12. outside decisions for the purposes of this section, except in a matter before the supreme court or the national courta decision of law by a full court of the pre-independence supreme court, sitting in accordance with the pre-independence law relating to sittings of the supreme court, or a decision of law on appeal from a decision of that court, has the same binding force as a decision of law of the supreme court; and a decision of law by a pre-independence supreme court sitting otherwise than as a full court, of a decision of law on appeal from a decision of that court, has the same binding force as a decision of law of the national court, subject to any decision of law of the supreme court or the national court, as the case may be, to the contrary, but otherwise no decision of law of a court or tribunal that was not established within the national judicial system is binding on a court within it. subsection (1) does not prevent recourse to the decisions of law or the opinion of courts or tribunals outside the national judicial system (including courts or tribunals of jurisdictions other than papua new guinea) for their persuasive value. part 6. the law reform commission sch.2.13. establishment of the commission an act of the parliament shall make provision for and in respect of a law reform commission. only citizens may be members of the commission. sch.2.14. special functions of the commission in addition to its other functions and responsibilities under any law, it is a special responsibility of the law reform commission to investigate and report to the parliament and to the national executive on the development, and on the adaptation to the circumstances of the country, of the underlying law, and on the appropriateness of the rules and principles of the underlying law to the circumstances of the country from time to time. schedule 3. declaration of office i, , do promise and declare that i will well and truly serve the independent state of papua new guinea and its people in the office of schedule 4. judicial declaration i, , do promise and declare that i will well and truly serve the independent state of papua new guinea and its people in the office of , that i will in all things uphold the constitution and the laws of the independent state of papua new guinea, and i will do right to all manner of people in accordance therewith, without fear or favour, affection or ill-will. schedule 5. adopted laws of other countries part 1. australia continental shelf (living natural resources) act 1968sections 9 and 14 only. explosives act 1901-1973. judiciary act 1903-1969--section 84 only. marine insurance act 1909-1966. navigation act 1912-1973. patents act 1903-1973--section 123 only. petroleum (submerged lands) act 1967-1968--section 11 only. nationality and citizenship act 1948-1967--section 5(3) only. seamen's compensation act 1911-1972--section 4 only (in relation to a ship registered in the country under the merchant shipping act 1894, as amended, of england) seamen's war pensions and allowances act 1940-1974. submarine cables and pipelines protection act 1963-1973. part 2. england merchant shipping act 1894. merchant shipping act 1897. merchant shipping (liability of ship owners and others) act 1900. merchant shipping act 1906. merchant shipping act 1911. maritime conventions act 1911. merchant shipping act 1921. fees (increase) act 1923. schedule 6 sch.6.1. validation of certain matters relating to the value added tax act 1999 in schedule 6.1– “the act” means the value added tax act 1998; “the relevant period” means the period commencing on 1 july 1999 and ending on the coming into operation of this section. the imposition of– value added tax; and additional value added tax; and further additional value added tax, under and in accordance with the act during the relevant period is hereby validated. the assessment and collection of– value added tax; and additional value added tax; and further additional value added tax, under and in accordance with the act during the relevant period are hereby validated. the commissioner general of internal revenue and all officers acting under his authority are, in respect of all actions taken by them, under and in accordance with the act during the relevant period, indemnified against civil or criminal liability alleged on the grounds that the act during the relevant period, declared unconstitutional. all proceedings, civil or criminal, initiated under and in accordance with the act during the relevant period are not invalid by reason only of the fact that the act was, during the relevant period, declared unconstitutional. all penalties (financial and otherwise) imposed under and in accordance with the act during the relevant period are not invalid by reason only of the fact that the act was, during the relevant period, declared unconstitutional. all– objections to assessments; and objections to decisions; and decisions of the commissioner general of internal revenue; and review tribunal; and national court, in relation to objections referred to in paragraph (a) or (b), under an in accordance with the act during the relevant period are not invalid by reason only of the fact that the act was, during the relevant period, declared unconstitutional. all– exemptions from payment of value added tax; and refunds of value added tax; and set off of value added tax, under and in accordance with the act during the relevant period are not invalid by reason only of the fact that the act was, during the relevant period, declared unconstitutional. sch.6.2. validation of certain matters relating to the value added tax revenue distribution act 1998 in schedule 6.2– “the act” means the value added tax revenue distribution act 1998; “the relevant period” means the period commencing on 1 july 1999 and ending on the date of coming into operation of this section. the establishment and operations of– the national vat revenue trust; and the provincial vat trust; and the national vat trust account; and the trust account established in each province, under and in accordance with the act during the relevant period are hereby validated. the– payments made into the trust accounts referred to in subsection (2)(c) and (d); and payments made out of the trust accounts referred to in subsection (2)(c) and (d); and the method of calculation of value added tax distribution to the provinces; and the order of precedence of distribution from the trust accounts referred to in subsection (2)(c) and (d), under and in accordance with the act during the relevant period are hereby validated. the– commissioner general of internal revenue; and officers acting under the authority of the commissioner general of internal revenue; and the trustees of the national vat revenue trust; and the trustees of each provincial vat trust, are, in respect of all actions taken by them under and in accordance with the act during the relevant period, hereby indemnified against civil or criminal liability alleged on the grounds that the act was, during the relevant period, declared unconstitutional. preamble we, the people of kosovo, determined to build a future of kosovo as a free, democratic and peace-loving country that will be a homeland to all of its citizens; committed to the creation of a state of free citizens that will guarantee the rights of every citizen, civil freedoms and equality of all citizens before the law; committed to the state of kosovo as a state of economic wellbeing and social prosperity; convinced that the state of kosovo will contribute to the stability of the region and entire europe by creating relations of good neighborliness and cooperation with all neighboring countries; convinced that the state of kosovo will be a dignified member of the family of peace-loving states in the world; with the intention of having the state of kosovo fully participating in the processes of euro-atlantic integration; in a solemn manner, we approve the constitution of the republic of kosovo. chapter i. basic provisions article 1. definition of state the republic of kosovo is an independent, sovereign, democratic, unique and indivisible state. the republic of kosovo is a state of its citizens. the republic of kosovo exercises its authority based on the respect for human rights and freedoms of its citizens and all other individuals within its borders. the republic of kosovo shall have no territorial claims against, and shall seek no union with, any state or part of any state. article 2. sovereignty the sovereignty of the republic of kosovo stems from the people, belongs to the people and is exercised in compliance with the constitution through elected representatives, referendum and other forms in compliance with the provisions of this constitution. the sovereignty and territorial integrity of the republic of kosovo is intact, inalienable, indivisible and protected by all means provided in this constitution and the law. the republic of kosovo, in order to maintain peace and to protect national interests, may participate in systems of international security. article 3. equality before the law the republic of kosovo is a multi-ethnic society consisting of albanian and other communities, governed democratically with full respect for the rule of law through its legislative, executive and judicial institutions. the exercise of public authority in the republic of kosovo shall be based upon the principles of equality of all individuals before the law and with full respect for internationally recognized fundamental human rights and freedoms, as well as protection of the rights of and participation by all communities and their members. article 4. form of government and separation of power kosovo is a democratic republic based on the principle of separation of powers and the checks and balances among them as provided in this constitution. the assembly of the republic of kosovo exercises the legislative power. the president of the republic of kosovo represents the unity of the people. the president of the republic of kosovo is the legitimate representative of the country, internally and externally, and is the guarantor of the democratic functioning of the institutions of the republic of kosovo, as provided in this constitution. the government of the republic of kosovo is responsible for implementation of laws and state policies and is subject to parliamentarian control. the judicial power is unique and independent and is exercised by courts. the constitutional court is an independent organ in protecting the constitutionality and is the final interpreter of the constitution. the republic of kosovo has institutions for the protection of the constitutional order and territorial integrity, public order and safety, which operate under the constitutional authority of the democratic institutions of the republic of kosovo. article 5. languages the official languages in the republic of kosovo are albanian and serbian. turkish, bosnian and roma languages have the status of official languages at the municipal level or will be in official use at all levels as provided by law. article 6. symbols the flag, the seal and the anthem are the state symbols of the republic of kosovo all of which reflect its multi-ethnic character. the appearance, display and protection of the flag and other state symbols shall be regulated by law. the display and protection of the national symbols shall be regulated by law. article 7. values the constitutional order of the republic of kosovo is based on the principles of freedom, peace, democracy, equality, respect for human rights and freedoms and the rule of law, non-discrimination, the right to property, the protection of environment, social justice, pluralism, separation of state powers, and a market economy. the republic of kosovo ensures gender equality as a fundamental value for the democratic development of the society, providing equal opportunities for both female and male participation in the political, economic, social, cultural and other areas of societal life. article 8. secular state the republic of kosovo is a secular state and is neutral in matters of religious beliefs. article 9. cultural and religious heritage the republic of kosovo ensures the preservation and protection of its cultural and religious heritage. article 10. economy a market economy with free competition is the basis of the economic order of the republic of kosovo. article 11. currency the republic of kosovo uses as legal tender one single currency. the central banking authority of kosovo is independent and is called the central bank of the republic of kosovo. article 12. local government municipalities are the basic territorial unit of local self-governance in the republic of kosovo. the organization and powers of units of local self-government are provided by law. article 13. capital city the capital city of the republic of kosovo is pristina. the status and organization of the capital city is provided by law. article 14. citizenship the acquisition and termination of the right of citizenship of the republic of kosovo are provided by law. article 15. citizens living abroad the republic of kosovo protects the interests of its citizens abroad as provided by law. article 16. supremacy of the constitution the constitution is the highest legal act of the republic of kosovo. laws and other legal acts shall be in accordance with this constitution. the power to govern stems from the constitution. the republic of kosovo shall respect international law. every person and entity in the republic of kosovo is subject to the provisions of the constitution. article 17. international agreements the republic of kosovo concludes international agreements and becomes a member of international organizations. the republic of kosovo participates in international cooperation for promotion and protection of peace, security and human rights. article 18. ratification of international agreements international agreements relating to the following subjects are ratified by two thirds (2/3) vote of all deputies of the assembly: territory, peace, alliances, political and military issues; fundamental rights and freedoms; membership of the republic of kosovo in international organizations; the undertaking of financial obligations by the republic of kosovo; international agreements other than those in paragraph 1 are ratified upon signature of the president of the republic of kosovo. the president of the republic of kosovo or the prime minister notifies the assembly whenever an international agreement is signed. amendment of or withdrawal from international agreements follows the same decision making process as the ratification of such international agreements. the principles and procedures for ratifying and contesting international agreements are set forth by law. article 19. applicability of international law international agreements ratified by the republic of kosovo become part of the internal legal system after their publication in the official gazette of the republic of kosovo. they are directly applied except for cases when they are not self-applicable and the application requires the promulgation of a law. ratified international agreements and legally binding norms of international law have superiority over the laws of the republic of kosovo. article 20. delegation of sovereignty the republic of kosovo may on the basis of ratified international agreements delegate state powers for specific matters to international organizations. if a membership agreement ratified by the republic of kosovo for its participation in an international organization explicitly contemplates the direct applicability of the norms of that organization, then the law ratifying the international agreement must be adopted by two thirds (2/3) vote of all deputies of the assembly, and those norms have superiority over the laws of the republic of kosovo. chapter ii. fundamental rights and freedoms article 21. general principles human rights and fundamental freedoms are indivisible, inalienable and inviolable and are the basis of the legal order of the republic of kosovo. the republic of kosovo protects and guarantees human rights and fundamental freedoms as provided by this constitution. everyone must respect the human rights and fundamental freedoms of others. fundamental rights and freedoms set forth in the constitution are also valid for legal persons to the extent applicable. article 22. direct applicability of international agreements and instruments human rights and fundamental freedoms guaranteed by the following international agreements and instruments are guaranteed by this constitution, are directly applicable in the republic of kosovo and, in the case of conflict, have priority over provisions of laws and other acts of public institutions: universal declaration of human rights; european convention for the protection of human rights and fundamental freedoms and its protocols; international covenant on civil and political rights and its protocols; council of europe framework convention for the protection of national minorities; convention on the elimination of all forms of racial discrimination; convention on the elimination of all forms of discrimination against women; convention on the rights of the child; convention against torture and other cruel, inhumane or degrading treatment or punishment; article 23. human dignity human dignity is inviolable and is the basis of all human rights and fundamental freedoms. article 24. equality before the law all are equal before the law. everyone enjoys the right to equal legal protection without discrimination. no one shall be discriminated against on grounds of race, color, gender, language, religion, political or other opinion, national or social origin, relation to any community, property, economic and social condition, sexual orientation, birth, disability or other personal status. principles of equal legal protection shall not prevent the imposition of measures necessary to protect and advance the rights of individuals and groups who are in unequal positions. such measures shall be applied only until the purposes for which they are imposed have been fulfilled. article 25. right to life every individual enjoys the right to life. capital punishment is forbidden. article 26. right to personal integrity every person enjoys the right to have his/her physical and psychological integrity respected, which includes: the right to make decisions in relation to reproduction in accordance with the rules and procedures set forth by law; the right to have control over her/his body in accordance with law; the right not to undergo medical treatment against his/her will as provided by law; the right not to participate in medical or scientific experiments without her/his prior consent. article 27. prohibition of torture, cruel, inhuman or degrading treatment no one shall be subject to torture, cruel, inhuman or degrading treatment or punishment. article 28. prohibition of slavery and forced labor no one shall be held in slavery or servitude. no one shall be required to perform forced labor. labor or services provided by law by persons convicted by a final court decision while serving their sentence or during a state of emergency declared in compliance with the rules set forth in this constitution shall not be considered as forced labor. trafficking in persons is forbidden. article 29. right to liberty and security everyone is guaranteed the right to liberty and security. no one shall be deprived of liberty except in the cases foreseen by law and after a decision of a competent court as follows: pursuant to a sentence of imprisonment for committing a criminal act; for reasonable suspicion of having committed a criminal act, only when deprivation of liberty is reasonably considered necessary to prevent commission of another criminal act, and only for a limited time before trial as provided by law; for the purpose of educational supervision of a minor or for the purpose of bringing the minor before a competent institution in accordance with a lawful order; for the purpose of medical supervision of a person who because of disease represents a danger to society; for illegal entry into the republic of kosovo or pursuant to a lawful order of expulsion or extradition. everyone who is deprived of liberty shall be promptly informed, in a language he/she understands, of the reasons of deprivation. the written notice on the reasons of deprivation shall be provided as soon as possible. everyone who is deprived of liberty without a court order shall be brought within forty-eight (48) hours before a judge who decides on her/his detention or release not later than forty-eight (48) hours from the moment the detained person is brought before the court. everyone who is arrested shall be entitled to trial within a reasonable time and to release pending trial, unless the judge concludes that the person is a danger to the community or presents a substantial risk of fleeing before trial. everyone who is deprived of liberty shall be promptly informed of his/her right not to make any statements, right to defense counsel of her/his choosing, and the right to promptly communicate with a person of his/her choosing. everyone who is deprived of liberty by arrest or detention enjoys the right to use legal remedies to challenge the lawfulness of the arrest or detention. the case shall be speedily decided by a court and release shall be ordered if the arrest or detention is determined to be unlawful. everyone who has been detained or arrested in contradiction with the provisions of this article has a right to compensation in a manner provided by law. an individual who is sentenced has the right to challenge the conditions of detention in a manner provided by law. article 30. rights of the accused everyone charged with a criminal offense shall enjoy the following minimum rights: to be promptly informed, in a language that she/he understands, of the nature and cause of the accusation against him/her; to be promptly informed of her/his rights according to law; to have adequate time, facilities and remedies for the preparation of his/her defense; to have free assistance of an interpreter if she/he cannot understand or speak the language used in court; to have assistance of legal counsel of his/her choosing, to freely communicate with counsel and if she/he does not have sufficient means, to be provided free counsel; to not be forced to testify against oneself or admit one's guilt. article 31. right to fair and impartial trial everyone shall be guaranteed equal protection of rights in the proceedings before courts, other state authorities and holders of public powers. everyone is entitled to a fair and impartial public hearing as to the determination of one's rights and obligations or as to any criminal charges within a reasonable time by an independent and impartial tribunal established by law. trials shall be open to the public except in limited circumstances in which the court determines that in the interest of justice the public or the media should be excluded because their presence would endanger public order, national security, the interests of minors or the privacy of parties in the process in accordance with law. everyone charged with a criminal offense has the right to examine witnesses and to obtain the obligatory attendance of witnesses, experts and other persons who may clarify the evidence. everyone charged with a criminal offense is presumed innocent until proven guilty according to law. free legal assistance shall be provided to those without sufficient financial means if such assistance is necessary to ensure effective access to justice. judicial proceedings involving minors shall be regulated by law respecting special rules and procedures for juveniles. article 32. right to legal remedies every person has the right to pursue legal remedies against judicial and administrative decisions which infringe on his/her rights or interests, in the manner provided by law. article 33. the principle of legality and proportionality in criminal cases no one shall be charged or punished for any act which did not constitute a penal offense under law at the time it was committed, except acts that at the time they were committed constituted genocide, war crimes or crimes against humanity according to international law. no punishment for a criminal act shall exceed the penalty provided by law at the time the criminal act was committed. the degree of punishment cannot be disproportional to the criminal offense. punishments shall be administered in accordance with the law in force at the time a criminal act was committed, unless the penalties in a subsequent applicable law are more favorable to the perpetrator. article 34. right not to be tried twice for the same criminal act no one shall be tried more than once for the same criminal act. article 35. freedom of movement citizens of the republic of kosovo and foreigners who are legal residents of kosovo have the right to move freely throughout the republic of kosovo and choose their location of residence. each person has the right to leave the country. limitations on this right may be regulated by law if they are necessary for legal proceedings, enforcement of a court decision or the performance of a national defense obligation. citizens of the republic of kosovo shall not be deprived the right of entry into kosovo. citizens of the republic of kosovo shall not be extradited from kosovo against their will except for cases when otherwise required by international law and agreements. the right of foreigners to enter the republic of kosovo and reside in the country shall be defined by law. article 36. right to privacy everyone enjoys the right to have her/his private and family life respected, the inviolability of residence, and the confidentiality of correspondence, telecommunication and other communication. searches of any private dwelling or establishment that are deemed necessary for the investigation of a crime may be conducted only to the extent necessary and only after approval by a court after a showing of the reasons why such a search is necessary. derogation from this rule is permitted if it is necessary for a lawful arrest, to collect evidence which might be in danger of loss or to avoid direct and serious risk to humans and property as defined by law. a court must retroactively approve such actions. secrecy of correspondence, telephony and other communication is an inviolable right. this right may only be limited temporarily by court decision if it is necessary for criminal proceedings or defense of the country as defined by law. every person enjoys the right of protection of personal data. collection, preservation, access, correction and use of personal data are regulated by law. article 37. right to marriage and family based on free will, everyone enjoys the right to marry and the right to have a family as provided by law. marriage and divorce are regulated by law and are based on the equality of spouses. family enjoys special protection by the state in a manner provided by law. article 38. freedom of belief, conscience and religion freedom of belief, conscience and religion is guaranteed. freedom of belief, conscience and religion includes the right to accept and manifest religion, the right to express personal beliefs and the right to accept or refuse membership in a religious community or group. no one shall be required to practice or be prevented from practicing religion nor shall anyone be required to make his/her opinions and beliefs public. freedom of manifesting religion, beliefs and conscience may be limited by law if it is necessary to protect public safety and order or the health or rights of other persons. article 39. religious denominations the republic of kosovo ensures and protects religious autonomy and religious monuments within its territory. religious denominations are free to independently regulate their internal organization, religious activities and religious ceremonies. religious denominations have the right to establish religious schools and charity institutions in accordance with this constitution and the law. article 40. freedom of expression freedom of expression is guaranteed. freedom of expression includes the right to express oneself, to disseminate and receive information, opinions and other messages without impediment. the freedom of expression can be limited by law in cases when it is necessary to prevent encouragement or provocation of violence and hostility on grounds of race, nationality, ethnicity or religion. article 41. right of access to public documents every person enjoys the right of access to public documents. documents of public institutions and organs of state authorities are public, except for information that is limited by law due to privacy, business trade secrets or security classification. article 42. freedom of media freedom and pluralism of media is guaranteed. censorship is forbidden. no one shall prevent the dissemination of information or ideas through media, except if it is necessary to prevent encouragement or provocation of violence and hostility on grounds of race, nationality, ethnicity or religion. everyone has the right to correct untrue, incomplete and inaccurate published information, if it violates her/his rights and interests in accordance with the law. article 43. freedom of gathering freedom of peaceful gathering is guaranteed. every person has the right to organize gatherings, protests and demonstrations and the right to participate in them. these rights may be limited by law, if it is necessary to safeguard public order, public health, national security or the protection of the rights of others. article 44. freedom of association the freedom of association is guaranteed. the freedom of association includes the right of everyone to establish an organization without obtaining any permission, to be or not to be a member of any organization and to participate in the activities of an organization. the freedom to establish trade unions and to organize with the intent to protect interests is guaranteed. this right may be limited by law for specific categories of employees. organizations or activities that infringe on the constitutional order, violate human rights and freedoms or encourage racial, national, ethnic or religious hatred may be prohibited by a decision of a competent court. article 45. freedom of election and participation every citizen of the republic of kosovo who has reached the age of eighteen, even if on the day of elections, has the right to elect and be elected, unless this right is limited by a court decision. the vote is personal, equal, free and secret. state institutions support the possibility of every person to participate in public activities and everyone's right to democratically influence decisions of public bodies. article 46. protection of property the right to own property is guaranteed. use of property is regulated by law in accordance with the public interest. no one shall be arbitrarily deprived of property. the republic of kosovo or a public authority of the republic of kosovo may expropriate property if such expropriation is authorized by law, is necessary or appropriate to the achievement of a public purpose or the promotion of the public interest, and is followed by the provision of immediate and adequate compensation to the person or persons whose property has been expropriated. disputes arising from an act of the republic of kosovo or a public authority of the republic of kosovo that is alleged to constitute an expropriation shall be settled by a competent court. intellectual property is protected by law. article 47. right to education every person enjoys the right to free basic education. mandatory education is regulated by law and funded by public funds. public institutions shall ensure equal opportunities to education for everyone in accordance with their specific abilities and needs. article 48. freedom of art and science the freedom of artistic and scientific creativity is guaranteed. academic freedom is guaranteed. article 49. right to work and exercise profession the right to work is guaranteed. every person is free to choose his/her profession and occupation. article 50. rights of children children enjoy the right to protection and care necessary for their wellbeing. children born out of wedlock have equal rights to those born in marriage. every child enjoys the right to be protected from violence, maltreatment and exploitation. all actions undertaken by public or private authorities concerning children shall be in the best interest of the children. every child enjoys the right to regular personal relations and direct contact with parents, unless a competent institution determines that this is in contradiction with the best interest of the child. article 51. health and social protection healthcare and social insurance are regulated by law. basic social insurance related to unemployment, disease, disability and old age shall be regulated by law. article 52. responsibility for the environment nature and biodiversity, environment and national inheritance are everyone's responsibility. everyone should be provided an opportunity to be heard by public institutions and have their opinions considered on issues that impact the environment in which they live. the impact on the environment shall be considered by public institutions in their decision making processes. article 53. interpretation of human rights provisions human rights and fundamental freedoms guaranteed by this constitution shall be interpreted consistent with the court decisions of the european court of human rights. article 54. judicial protection of rights everyone enjoys the right of judicial protection if any right guaranteed by this constitution or by law has been violated or denied and has the right to an effective legal remedy if found that such right has been violated. article 55. limitations on fundamental rights and freedoms fundamental rights and freedoms guaranteed by this constitution may only be limited by law. fundamental rights and freedoms guaranteed by this constitution may be limited to the extent necessary for the fulfillment of the purpose of the limitation in an open and democratic society. fundamental rights and freedoms guaranteed by this constitution may not be limited for purposes other than those for which they were provided. in cases of limitations of human rights or the interpretation of those limitations; all public authorities, and in particular courts, shall pay special attention to the essence of the right limited, the importance of the purpose of the limitation, the nature and extent of the limitation, the relation between the limitation and the purpose to be achieved and the review of the possibility of achieving the purpose with a lesser limitation. the limitation of fundamental rights and freedoms guaranteed by this constitution shall in no way deny the essence of the guaranteed right. article 56. fundamental rights and freedoms during a state of emergency derogation of the fundamental rights and freedoms protected by this constitution may only occur following the declaration of a state of emergency as provided by this constitution and only to the extent necessary under the relevant circumstances. derogation of the fundamental rights and freedoms guaranteed by articles 23, 24, 25, 27, 28, 29, 31, 33, 34, 37 and 38 of this constitution shall not be permitted under any circumstances. chapter iii. rights of communities and their members article 57. general principles inhabitants belonging to the same national or ethnic, linguistic, or religious group traditionally present on the territory of the republic of kosovo (communities) shall have specific rights as set forth in this constitution in addition to the human rights and fundamental freedoms provided in chapter ii of this constitution. every member of a community shall have the right to freely choose to be treated or not to be treated as such and no discrimination shall result from this choice or from the exercise of the rights that are connected to that choice. members of communities shall have the right to freely express, foster and develop their identity and community attributes. the exercise of these rights shall carry with it duties and responsibilities to act in accordance with the law of the republic of kosovo and shall not violate the rights of others. article 58. responsibilities of the state the republic of kosovo ensures appropriate conditions enabling communities, and their members to preserve, protect and develop their identities. the government shall particularly support cultural initiatives from communities and their members, including through financial assistance. the republic of kosovo shall promote a spirit of tolerance, dialogue and support reconciliation among communities and respect the standards set forth in the council of europe framework convention for the protection of national minorities and the european charter for regional or minority languages. the republic of kosovo shall take all necessary measures to protect persons who may be subject to threats or acts of discrimination, hostility or violence as a result of their national, ethnic, cultural, linguistic or religious identity. the republic of kosovo shall adopt adequate measures as may be necessary to promote full and effective equality in all areas of economic, social, political and cultural life, among members of communities and the effective participation of communities and their members in public life and decision making. such measures shall not be considered to be an act of discrimination. [as amended by constitutional amendment 1, published in the official gazette of the republic of kosova / no. 25 / 7 september 2012, pristina] the republic of kosovo shall promote the preservation of the cultural and religious heritage of all communities as an integral part of the heritage of kosovo. the republic of kosovo shall have a special duty to ensure an effective protection of the entirety of sites and monuments of cultural and religious significance to the communities. the republic of kosovo shall take effective actions against all those undermining the enjoyment of the rights of members of communities. the republic of kosovo shall refrain from policies or practices aimed at assimilation of persons belonging to communities against their will, and shall protect these persons from any action aimed at such assimilation. the republic of kosovo ensures, on a non-discriminatory basis, that all communities and their members may exercise their rights specified in this constitution. article 59. rights of communities and their members members of communities shall have the right, individually or in community, to: express, maintain and develop their culture and preserve the essential elements of their identity, namely their religion, language, traditions and culture; receive public education in one of the official languages of the republic of kosovo of their choice at all levels; receive pre-school, primary and secondary public education, in their own language to the extent prescribed by law, with the thresholds for establishing specific classes or schools for this purpose being lower than normally stipulated for educational institutions; establish and manage their own private educational and training establishments for which public financial assistance may be granted, in accordance with the law and international standards; use their language and alphabet freely in private and in public; use their language and alphabet in their relations with the municipal authorities or local offices of central authorities in areas where they represent a sufficient share of the population in accordance with the law. the costs incurred by the use of an interpreter or a translator shall be borne by the competent authorities; use and display community symbols, in accordance with the law and international standards; have personal names registered in their original form and in the script of their language as well as revert to original names that have been changed by force; have local names, street names and other topographical indications which reflect and are sensitive to the multi-ethnic and multi-linguistic character of the area at issue; have guaranteed access to, and special representation in, public broadcast media as well as programming in their language, in accordance with the law and international standards; to create and use their own media, including to provide information in their language through, among others, daily newspapers and wire services and the use of a reserved number of frequencies for electronic media in accordance with the law and international standards. the republic of kosovo shall take all measures necessary to secure an international frequency plan to allow the kosovo serb community access to a licensed kosovo-wide independent serbian language television channel; enjoy unhindered contacts among themselves within the republic of kosovo and establish and maintain free and peaceful contacts with persons in any state, in particular those with whom they share an ethnic, cultural, linguistic or religious identity, or a common cultural heritage, in accordance with the law and international standards; enjoy unhindered contacts with, and participate without discrimination in the activities of local, regional and international non-governmental organizations; establish associations for culture, art, science and education as well as scholarly and other associations for the expression, fostering and development of their identity. article 60. consultative council for communities a consultative council for communities acts under the authority of the president of the republic of kosovo in which all communities shall be represented. the consultative council for communities shall be composed, among others, of representatives of associations of communities. the mandate of the consultative council for communities shall: provide a mechanism for regular exchange between the communities and the government of kosovo. afford to the communities the opportunity to comment at an early stage on legislative or policy initiatives that may be prepared by the government, to suggest such initiatives, and to seek to have their views incorporated in the relevant projects and programs. have any other responsibilities and functions as provided in accordance with law. article 61. representation in public institutions employment communities and their members shall be entitled to equitable representation in employment in public bodies and publicly owned enterprises at all levels, including in particular in the police service in areas inhabited by the respective community, while respecting the rules concerning competence and integrity that govern public administration. article 62. representation in the institutions of local government in municipalities where at least ten per cent (10%) of the residents belong to communities not in the majority in those municipalities, a post of vice president of the municipal assembly for communities shall be reserved for a representative of these communities. the position of vice president shall be held by the non-majority candidate who received the most votes on the open list of candidates for election to the municipal assembly. the vice president for communities shall promote inter-community dialogue and serve as formal focal point for addressing non-majority communities' concerns and interests in meetings of the assembly and its work. the vice president shall also be responsible for reviewing claims by communities or their members that the acts or decisions of the municipal assembly violate their constitutionally guaranteed rights. the vice president shall refer such matters to the municipal assembly for its reconsideration of the act or decision. in the event the municipal assembly chooses not to reconsider its act or decision, or the vice president deems the result, upon reconsideration, to still present a violation of a constitutionally guaranteed right, the vice president may submit the matter directly to the constitutional court, which may decide whether or not to accept the matter for review. in these municipalities, representation for non-majority communities in the republic of kosovo in the municipal executive body is guaranteed. chapter iv. assembly of the republic of kosovo article 63. general principles the assembly is the legislative institution of the republic of kosovo directly elected by the people. article 64. structure of assembly the assembly has one hundred twenty (120) deputies elected by secret ballot on the basis of open lists. the seats in the assembly are distributed amongst all parties, coalitions, citizens' initiatives and independent candidates in proportion to the number of valid votes received by them in the election to the assembly. in the framework of this distribution, twenty (20) of the one hundred twenty (120) seats are guaranteed for representation of communities that are not in the majority in kosovo as follows: parties, coalitions, citizens' initiatives and independent candidates having declared themselves representing the kosovo serb community shall have the total number of seats won through the open election, with a minimum ten (10) seats guaranteed if the number of seats won is less than ten (10); parties, coalitions, citizens' initiatives and independent candidates having declared themselves representing the other communities shall have the total number of seats won through the open election, with a minimum number of seats in the assembly guaranteed as follows: the roma community, one (1) seat; the ashkali community, one (1) seat; the egyptian community, one (1) seat; and one (1) additional seat will be awarded to either the roma, the ashkali or the egyptian community with the highest overall votes; the bosnian community, three (3) seats; the turkish community, two (2) seats; and the gorani community, one (1) seat if the number of seats won by each community is less than the number guaranteed. article 65. competencies of the assembly the assembly of the republic of kosovo: adopts laws, resolutions and other general acts; decides to amend the constitution by two thirds (2/3) of all its deputies including two thirds (2/3) of all deputies holding seats reserved and guaranteed for representatives of communities that are not in the majority in kosovo; announces referenda in accordance with the law; ratifies international treaties; approves the budget of the republic of kosovo; elects and dismisses the president and deputy presidents of the assembly; elects and may dismiss the president of the republic of kosovo in accordance with this constitution; elects the government and expresses no confidence in it; oversees the work of the government and other public institutions that report to the assembly in accordance with the constitution and the law; elects members of the kosovo judicial council and the kosovo prosecutorial council in accordance with this constitution; proposes the judges for the constitutional court; oversees foreign and security policies; gives consent to the president's decree announcing a state of emergency; decides in regard to general interest issues as set forth by law. gives amnesty by the respective law, which shall be approved by two-thirds (2/3) of the votes of all deputies of the assembly [added by constitutional amendment 23, published in the official gazette of the republic of kosova / no. 5 / 12 march 2013, pristina] article 66. election and mandate the assembly of kosovo shall be elected for a mandate of four (4) years, starting from the day of the constitutive session, which shall be held within thirty (30) days from the official announcement of the election results. regular elections for the assembly shall be held no later than thirty (30) days before the end of the mandate or, when the assembly has been dissolved, no later than forty-five (45) days after the dissolution. the president of the republic of kosovo shall convene the constitutive session of the assembly. if the president of the republic of kosovo is unable to convene the initial session, the assembly shall be convened without the president's participation. the mandate of the assembly of kosovo may be extended only in a state of emergency for emergency defense measures or for danger to the constitutional order or to public safety of the republic of kosovo and only for as long as the state of emergency continues as regulated by this constitution. the election conditions, constituencies and procedures are determined by law. article 67. election of the president and deputy presidents the assembly of kosovo elects the president of the assembly and five (5) deputy presidents from among its deputies. the president of the assembly is proposed by the largest parliamentary group and is elected by a majority vote of all deputies of the assembly. three (3) deputy presidents proposed by the three largest parliamentary groups are elected by a majority vote of all deputies of the assembly. two (2) deputy presidents represent non-majority communities in the assembly and are elected by a majority vote of all deputies of the assembly. one (1) deputy president shall belong to the deputies of the assembly holding seats reserved or guaranteed for the serb community, and one (1) deputy shall belong to deputies of the assembly holding seats reserved or guaranteed for other communities that are not in the majority. the president and deputy presidents of the assembly are dismissed by a vote of two thirds (2/3) of all deputies of the assembly. the president and the deputy presidents form the presidency of the assembly. the presidency is responsible for the administrative operation of the assembly as provided in the rules of procedure of the assembly. the president of the assembly: represents the assembly; sets the agenda, convenes and chairs the sessions; signs acts adopted by the assembly; exercises other functions in accordance with this constitution and the rules of procedure of the assembly. when the president of the assembly is absent or is unable to exercise the function, one of the deputy presidents will serve as president of the assembly. article 68. sessions meetings of the assembly of kosovo are public. meetings of the assembly of kosovo may be closed upon the request of the president of the republic of kosovo, the prime minister or one third (1/3) of the deputies of the assembly as set forth by the rules of procedure of the assembly. the decision shall be made in an open and transparent manner and must be adopted by two thirds (2/3) vote of the deputies of assembly present and voting. article 69. schedule of sessions and quorum the assembly of kosovo conducts its annual work in two sessions. the spring session begins on the third monday of january and the autumn session begins on the second monday of september. the assembly of kosovo has its quorum when more than one half (1/2) of all assembly deputies are present. the assembly of kosovo convenes an extraordinary meeting upon the request of the president of the republic of kosovo, the prime minister or one third (1/3) of the deputies. article 70. mandate of the deputies deputies of the assembly are representatives of the people and are not bound by any obligatory mandate. the mandate of each deputy of the assembly of kosovo begins on the day of the certification of the election results. the mandate of a deputy of the assembly comes to an end or becomes invalid when: the deputy does not take the oath; the deputy resigns; the deputy becomes a member of the government of kosovo; the mandate of the assembly comes to an end; the deputy is absent from the assembly for more than six (6) consecutive months. in special cases, the assembly of kosovo can decide otherwise; the deputy is convicted and sentenced to one or more years imprisonment by a final court decision of committing a crime; the deputy dies. vacancies in the assembly will be filled immediately in a manner consistent with this constitution and as provided by law. article 71. qualification and gender equality every citizen of the republic of kosovo who is eighteen (18) years or older and meets the legal criteria is eligible to become a candidate for the assembly. the composition of the assembly of kosovo shall respect internationally recognized principles of gender equality. article 72. incompatibility a member of the assembly of kosovo shall neither keep any executive post in the public administration or in any publicly owned enterprise nor exercise any other executive function as provided by law. article 73. ineligibility the following cannot be candidates or be elected as deputies of the assembly without prior resignation from their duty: judges and prosecutors; members of the kosovo security force; members of the kosovo police; members of the customs service of kosovo; members of the kosovo intelligence agency; heads of independent agencies; diplomatic representatives; chairpersons and members of the central election commission. persons deprived of legal capacity by a final court decision are not eligible to become candidates for deputies of the assembly. mayors and other officials holding executive responsibilities at the municipal level of municipalities cannot be elected as deputies of the assembly without prior resignation from their duty. article 74. exercise of function deputies of the assembly of kosovo shall exercise their function in best interest of the republic of kosovo and pursuant to the constitution, laws and rules of procedure of the assembly. article 75. immunity deputies of the assembly shall be immune from prosecution, civil lawsuit and dismissal for actions or decisions that are within the scope of their responsibilities as deputies of the assembly. the immunity shall not prevent the criminal prosecution of deputies of the assembly for actions taken outside of the scope of their responsibilities as deputies of the assembly. a member of the assembly shall not be arrested or otherwise detained while performing her/his duties as a member of the assembly without the consent of the majority of all deputies of the assembly. article 76. rules of procedure the rules of procedure of the assembly are adopted by two thirds (2/3) vote of all its deputies and shall determine the internal organization and method of work for the assembly. article 77. committees the assembly of kosovo appoints permanent committees, operational committees and ad hoc committees reflecting the political composition of the assembly. on the request of one third (1/3) of all of the deputies, the assembly appoints committees for specific matters, including investigative matters. at least one vice chair of each parliamentary committee shall be from the deputies of a community different from the community of the chair. competencies and procedures of the committees are defined in the rules of procedure of the assembly. article 78. committee on rights and interests of communities the committee on rights and interests of communities is a permanent committee of the assembly. this committee is composed of one third (1/3) of members who represent the group of deputies of the assembly holding seats reserved or guaranteed for the serbian community, one third (1/3) of members who represent the group of deputies of the assembly holding seats reserved or guaranteed for other communities that are not in the majority and one third (1/3) of members from the majority community represented in the assembly. at the request of any member of the presidency of the assembly, any proposed law shall be submitted to the committee on rights and interests of communities. the committee, by a majority vote of its members, shall decide whether to make recommendations regarding the proposed law within two weeks. to ensure that community rights and interests are adequately addressed, the committee may submit recommendations to another relevant committee or to the assembly. the committee may, on its own initiative, propose laws and such other measures within the responsibilities of the assembly as it deems appropriate to address the concerns of communities. members may issue individual opinions. a matter may be referred to the committee for an advisory opinion by the presidency of the assembly, another committee or a group composed of at least ten (10) deputies of the assembly. article 79. legislative initiative the initiative to propose laws may be taken by the president of the republic of kosovo from his/her scope of authority, the government, deputies of the assembly or at least ten thousand citizens as provided by law. article 80. adoption of laws laws, decisions and other acts are adopted by the assembly by a majority vote of deputies present and voting, except when otherwise provided by the constitution. laws adopted by the assembly are signed by the president of the assembly of kosovo and promulgated by the president of the republic of kosovo upon her/his signature within eight (8) days from receipt. if the president of the republic of kosovo returns a law to the assembly, he/she should state the reasons of return. the president of the republic of kosovo may exercise this right of return only once per law. the assembly decides to adopt a law returned by the president of the republic of kosovo by a majority vote of all its deputies and such a law shall be considered promulgated. if the president of the republic of kosovo does not make any decision for the promulgation or return of a law within eight (8) days from its receipt, such a law shall be considered promulgated without her his signature and shall be published in the official gazette. a law enters into force fifteen (15) days after its publication in the official gazette of the republic of kosovo, except when otherwise specified by the law itself. article 81. legislation of vital interest the following laws shall require for their adoption, amendment or abrogation both the majority of the assembly deputies and the majority of the assembly deputies who hold seats guaranteed for representatives of communities that are not in the majority: [as amended by constitutional amendment 2, published in the official gazette of the republic of kosova / no. 25 / 7 september 2012, pristina] laws changing municipal boundaries, establishing or abolishing municipalities, defining the scope of powers of municipalities and their participation in inter-municipal and cross-border relations; laws implementing the rights of communities and their members, other than those set forth in the constitution; laws on the use of language; laws on local elections; laws on protection of cultural heritage and special protected areas; [as amended by constitutional amendment 3, published in the official gazette of the republic of kosova / no. 25 / 7 september 2012, pristina] laws on religious freedom or on agreements with religious communities; laws on education; laws on the use of symbols, including community symbols and on public holidays. none of the laws of vital interest may be submitted to a referendum. article 82. dissolution of the assembly the assembly shall be dissolved in the following cases: if the government cannot be established within sixty (60) days from the date when the president of the republic of kosovo appoints the candidate for prime minister; if two thirds (2/3) of all deputies vote in favor of dissolution, the assembly shall be dissolved by a decree of the president of the republic of kosovo; if the president of the republic of kosovo is not elected within sixty (60) days from the date of the beginning of the president's election procedure. the assembly may be dissolved by the president of the republic of kosovo following a successful vote of no confidence against the government. chapter v. president of the republic of kosovo article 83. status of the president the president is the head of state and represents the unity of the people of the republic of kosovo. article 84. competencies of the president the president of the republic of kosovo: represents the republic of kosovo, internally and externally; guarantees the constitutional functioning of the institutions set forth by this constitution; announces elections for the assembly of kosovo and convenes its first meeting; issues decrees in accordance with this constitution; promulgates laws approved by the assembly of kosovo; has the right to return adopted laws for re-consideration, when he/she considers them to be harmful to the legitimate interests of the republic of kosovo or one or more communities. this right can be exercised only once per law; signs international agreements in accordance with this constitution ; proposes amendments to this constitution; may refer constitutional questions to the constitutional court. leads the foreign policy of the country; receives credentials of heads of diplomatic missions accredited to the republic of kosovo; is the commander-in-chief of the kosovo security force; leads the consultative council for communities; appoints the candidate for prime minister for the establishment of the government after proposal by the political party or coalition holding the majority in the assembly; appoints and dismisses the president of the supreme court of the republic of kosovo upon the proposal of the kosovo judicial council; appoints and dismisses judges of the republic of kosovo upon the proposal of the kosovo judicial council; appoints and dismisses the chief prosecutor of the republic of kosovo upon the proposal of the kosovo prosecutorial council; appoints and dismisses prosecutors of the republic of kosovo upon the proposal of the kosovo prosecutorial council; appoints judges to the constitutional court upon the proposal of the assembly; appoints the commander of the kosovo security force upon recommendation of the government; with the prime minister, jointly appoints the director, deputy director and inspector general of the kosovo intelligence agency; decides to declare a state of emergency in consultation with the prime minister; may request meetings of the kosovo security council and chairs them during a state of emergency; decides on the establishment of diplomatic and consular missions of the republic of kosovo in consultation with the prime minister; appoints and dismisses heads of diplomatic missions of the republic of kosovo upon the proposal of the government; appoints the chair of the central election commission; appoints the governor of the central bank of the republic of kosovo who will also act as its managing director, and appoints the other members of the bank's board; grants medals, titles of gratitude, and awards in accordance with the law; grants individual pardons in accordance with the law; addresses the assembly of kosovo at least once a year in regard to her/his scope of authority. article 85. qualification for election of the president every citizen of the republic of kosovo who is thirty five (35) years old or older may be elected president of the republic of kosovo. article 86. election of the president the president of the republic of kosovo shall be elected by the assembly in secret ballot. the election of the president of the republic of kosovo shall take place no later than thirty (30) days before the end of the current president's term of office. every eligible citizen of the republic of kosovo may be nominated as a candidate for president of the republic of kosovo, provided he/she presents the signatures of at least thirty (30) deputies of the assembly of kosovo. deputies of the assembly can only sign for one candidate for the president of the republic. the president of the republic of kosovo shall be elected by a two thirds (2/3) majority of all deputies of the assembly. if a two thirds (2/3) majority is not reached by any candidate in the first two ballots, a third ballot takes place between the two candidates who received the highest number of votes in the second ballot, and the candidate who receives the majority of all deputies of the assembly shall be elected as president of the republic of kosovo. if none of the candidates is elected as president of the republic of kosovo in the third ballot, the assembly shall dissolve and new elections shall take place within forty five (45) days. article 87. mandate and oath the president of the republic of kosovo begins her/his term of office after taking the oath before the assembly of kosovo. the text of the oath will be provided by law. the president's term of office is five (5) years. upon completion of his/her first term of office, the president of the republic of kosovo may be re-elected only once. article 88. incompatibility the president shall not exercise any other public function. after election, the president cannot exercise any political party functions. article 89. immunity the president of the republic of kosovo shall be immune from prosecution, civil lawsuit and dismissal for actions or decisions that are within the scope of responsibilities of the president of the republic of kosovo. article 90. temporary absence of the president if the president of the republic of kosovo is temporarily unable to fulfill her/his responsibilities, he/she may voluntarily transfer the duties of the position to the president of the assembly who shall then serve as acting president of the republic of kosovo. the president's order of transfer shall state in particular the reason for the transfer and the duration of the transfer if known. the president of the republic of kosovo shall resume exercise of the duties of the position when she/he is able to do so and the president of the assembly shall relinquish the position as acting president. when there is no voluntary transfer of power, the assembly of the republic of kosovo determines by two thirds (2/3) vote of all deputies, after consultation with the medical consultants team, that the president of the republic of kosovo is temporarily unable to fulfill his/her responsibilities. the president of the assembly shall serve as acting president until the president of the republic of kosovo is able to resume carrying out her/his duties as president. the position of acting president of the republic of kosovo may not be exercised for a period longer than six (6) months. article 91. dismissal of the president the president of the republic of kosovo may be dismissed by the assembly if he/she has been convicted of a serious crime or if she/he is unable to exercise the responsibilities of office due to serious illness or if the constitutional court has determined that he/she has committed a serious violation of the constitution. the procedure for dismissal of the president of the republic of kosovo may be initiated by one third (1/3) of the deputies of the assembly who shall sign a petition explaining the reasons for dismissal. if the petition alleges serious illness, the assembly shall consult the medical consultants team on the status of the president's health. if the petition alleges serious violation of the constitution, the petition shall be immediately submitted to the constitutional court, which shall decide the matter within seven (7) days from the receipt of the petition. if the president of the republic of kosovo has been convicted of a serious crime or if the assembly in compliance with this article determines that the president is unable to exercise her/his responsibilities due to serious illness, or if the constitutional court has determined that he/she has seriously violated the constitution, the assembly may dismiss the president by two thirds (2/3) vote of all its deputies. chapter vi. government of the republic of kosovo article 92. general principles the government consists of the prime minister, deputy prime minister(s) and ministers. the government of kosovo exercises the executive power in compliance with the constitution and the law. the government implements laws and other acts adopted by the assembly of kosovo and exercises other activities within the scope of responsibilities set forth by the constitution and the law. the government makes decisions in accordance with this constitution and the laws, proposes draft laws, proposes amendments to existing laws or other acts and may give its opinion on draft laws that are not proposed by it. article 93. competencies of the government the government has the following competencies: proposes and implements the internal and foreign policies of the country; promotes the economic development of the country; proposes draft laws and other acts to the assembly; makes decisions and issues legal acts or regulations necessary for the implementation of laws; proposes the budget of the republic of kosovo; guides and oversees the work of administration bodies; guides the activities and the development of public services; proposes to the president of the republic of kosovo the appointment and dismissal of the heads of diplomatic missions of the republic of kosovo; proposes amendments to the constitution; may refer constitutional questions to the constitutional court; exercises other executive functions not assigned to other central or local level bodies. article 94. competencies of the prime minister the prime minister has the following competencies: represents and leads the government; ensures that all ministries act in accordance with government policies; ensures the implementation of laws and policies determined by the government; may change members of the government without the consent of the assembly; chairs the kosovo security council; appoints the kosovo police general director; consults with the president of the republic of kosovo on matters of intelligence; in cooperation with the president, jointly appoints the director, deputy director and inspector general of the kosovo intelligence agency; consults with the president on the implementation of the foreign policy of the country; performs other duties as set forth by the constitution and the law. article 95. election of the government after elections, the president of the republic of kosovo proposes to the assembly a candidate for prime minister, in consultation with the political party or coalition that has won the majority in the assembly necessary to establish the government. the candidate for prime minister, not later than fifteen (15) days from appointment, presents the composition of the government to the assembly and asks for assembly approval. the government is considered elected when it receives the majority vote of all deputies of the assembly of kosovo. if the proposed composition of the government does not receive the necessary majority of votes, the president of the republic of kosovo appoints another candidate with the same procedure within ten (10) days. if the government is not elected for the second time, the president of the republic of kosovo announces elections, which shall be held not later than forty (40) days from the date of announcement. if the prime minister resigns or for any other reason the post becomes vacant, the government ceases and the president of the republic of kosovo appoints a new candidate in consultation with the majority party or coalition that has won the majority in the assembly to establish the government. after being elected, members of the government shall take an oath before the assembly. the text of the oath will be provided by law. article 96. ministries and representation of communities ministries and other executive bodies are established as necessary to perform functions within the powers of the government. the number of members of government is determined by an internal act of the government. there shall be at least one (1) minister from the kosovo serb community and one (1) minister from another kosovo non-majority community. if there are more than twelve (12) ministers, the government shall have a third minister representing a kosovo non-majority community. there shall be at least two (2) deputy ministers from the kosovo serb community and two (2) deputy ministers from other kosovo non-majority communities. if there are more than twelve (12) ministers, the government shall have a third deputy minister representing the kosovo serb community and a third deputy minister representing another kosovo non-majority community. the selection of these ministers and deputy ministers shall be determined after consultations with parties, coalitions or groups representing communities that are not in the majority in kosovo. if appointed from outside the membership of the kosovo assembly, these ministers and deputy ministers shall require the formal endorsement of the majority of assembly deputies belonging to parties, coalitions, citizens' initiatives and independent candidates having declared themselves to represent the community concerned. the prime minister, deputy prime minister(s) and ministers of the government may be elected from the deputies of the assembly of kosovo or may be qualified people who are not deputies of the assembly. the incompatibilities of the members of the government as to their functions shall be regulated by law. article 97. responsibilities the government is accountable to the assembly of kosovo regarding its work. the prime minister, deputy prime minister(s) and ministers are jointly accountable for the decisions made by the government and individually accountable for decisions made in their fields of responsibility. article 98. immunity members of the government shall be immune from prosecution, civil lawsuit and dismissal for actions or decisions that are within the scope of their responsibilities as members of the government. article 99. procedures the methods of work and decision making procedures of the government shall be regulated by law and regulations. article 100. motion of no confidence a motion of no confidence may be presented against the government on the proposal of one third (1/3) of all the deputies of the assembly. a vote of confidence for the government may be requested by the prime minister. the motion of no confidence shall be placed on the assembly agenda no later than five (5) days nor earlier than two (2) days from the date it was presented. the motion of no confidence is considered accepted when adopted by a majority vote of all deputies of the assembly of kosovo. if a motion of no confidence fails, a subsequent motion for no confidence may not be raised during the next ninety (90) days. if motion of no confidence against the government prevails, the government is considered dismissed. article 101. civil service the composition of the civil service shall reflect the diversity of the people of kosovo and take into account internationally recognized principles of gender equality. an independent oversight board for civil service shall ensure the respect of the rules and principles governing the civil service, and shall itself reflect the diversity of the people of the republic of kosovo. chapter vii. justice system article 102. general principles of the judicial system judicial power in the republic of kosovo is exercised by the courts. the judicial power is unique, independent, fair, apolitical and impartial and ensures equal access to the courts. courts shall adjudicate based on the constitution and the law. judges shall be independent and impartial in exercising their functions. the right to appeal a judicial decision is guaranteed unless otherwise provided by law. the right to extraordinary legal remedies is regulated by law. the law may allow the right to refer a case directly to the supreme court, in which case there would be no right of appeal. article 103. organization and jurisdiction of courts organization, functioning and jurisdiction of the supreme court and other courts shall be regulated by law. the supreme court of kosovo is the highest judicial authority. at least fifteen percent (15%) of the judges of the supreme court, but not fewer than three (3) judges, shall be from communities that are not in the majority in kosovo. the president of the supreme court of kosovo shall be appointed and dismissed by the president of the republic of kosovo from among the judges of the supreme court for a non-renewable term of seven (7) years upon proposal by the kosovo judicial council for the appointment or dismissal. presidents of all other courts shall be appointed in the manner provided by law. at least fifteen percent (15%) of the judges from any other court established with appeal jurisdiction, but not fewer than two (2) judges, shall be from communities that are not in the majority in kosovo. specialized courts may be established by law when necessary, but no extraordinary court may ever be created. article 104. appointment and removal of judges the president of the republic of kosovo shall appoint, reappoint and dismiss judges upon the proposal of the kosovo judicial council. the composition of the judiciary shall reflect the ethnic diversity of kosovo and internationally recognized principles of gender equality. the composition of the courts shall reflect the ethnic composition of the territorial jurisdiction of the respective court. before making a proposal for appointment or reappointment, the kosovo judicial council consults with the respective court. judges may be removed from office upon conviction of a serious criminal offense or for serious neglect of duties. a judge has the right to directly appeal a decision of dismissal to the kosovo supreme court. judges may not be transferred against their will unless otherwise provided by law for the efficient operation of the judiciary or disciplinary measures. article 105. mandate and reappointment the initial mandate for judges shall be three years. the reappointment mandate is permanent until the retirement age as determined by law or unless removed in accordance with law. the criteria and procedures to reappoint a judge shall be determined by the kosovo judicial council and they may be different in degree from the criteria used for the removal of judges. article 106. incompatibility a judge may not perform any function in any state institution outside of the judiciary, become involved in any political activity, or be involved in any other activity prohibited by law. judges are not permitted to assume any responsibilities or take on any functions that would in any way be inconsistent with the principles of independence and impartiality of the role of a judge. article 107. immunity judges, including lay-judges, shall be immune from prosecution, civil lawsuit and dismissal for actions taken, decisions made or opinions expressed that are within the scope of their responsibilities as judges. judges, including lay-judges, shall not enjoy immunity and may be removed from office if they have committed an intentional violation of the law. when a judge is indicted or arrested, notice must be given to the kosovo judicial council without delay. article 108. kosovo judicial council the kosovo judicial council shall ensure the independence and impartiality of the judicial system. the kosovo judicial council is a fully independent institution in the performance of its functions. the kosovo judicial council shall ensure that the kosovo courts are independent, professional and impartial and fully reflect the multi-ethnic nature of kosovo and follow the principles of gender equality. the kosovo judicial council shall give preference in the appointment of judges to members of communities that are underrepresented in the judiciary as provided by law. the kosovo judicial council is responsible for recruiting and proposing candidates for appointment and reappointment to judicial office. the kosovo judicial council is also responsible for transfer and disciplinary proceedings of judges. proposals for appointments of judges must be made on the basis of an open appointment process, on the basis of the merit of the candidates, and the proposals shall reflect principles of gender equality and the ethnic composition of the territorial jurisdiction of the respective court. all candidates must fulfill the selection criteria provided by law. the kosovo judicial council is responsible for conducting judicial inspections, judicial administration, developing court rules in accordance with the law, hiring and supervising court administrators, developing and overseeing the budget of the judiciary, determining the number of judges in each jurisdiction and making recommendations for the establishment of new courts. new courts shall be established according to law. the kosovo judicial council shall be composed of thirteen (13) members, all of whom shall possess relevant professional qualifications and expertise. members shall be elected for a term of five (5) years and shall be chosen in the following manner: seven (7) members shall be judges elected by the members of the judiciary. [as amended by constitutional amendment 25, published in the official gazette of the republic of kosova / no. 9 / 11 march 2016, pristina] two (2) members shall be elected by the deputies of the assembly, holding seats attributed during the general distribution of seats and at least one of these two must be a judge. [as amended by constitutional amendment 25, published in the official gazette of the republic of kosova / no. 9 / 11 march 2016, pristina] two (2) members shall be elected by the deputies of the assembly holding reserved or guaranteed seats for the kosovo serb community and at least one of the two must be a judge; two (2) members shall be elected by the deputies of the assembly holding reserved or guaranteed seats for other communities and at least one of the two must be a judge. incompatibilities with membership on the kosovo judicial council shall be regulated by law. the kosovo judicial council elects from its members a chair and vice chair each for a term of three (3) years. election to these offices does not extend the mandate of the members of the kosovo judicial council. the chair of the kosovo judicial council addresses the assembly of the republic of kosovo at least once a year regarding the judicial system. candidates for judicial positions that are reserved for members of communities that are not in the majority in kosovo may only be recommended for appointment by the majority of members of the council elected by assembly deputies holding seats reserved or guaranteed for members of communities that are not in the majority in kosovo. if this group of council members fails to recommend a candidate for a judicial position in two consecutive sessions of the council, any council member may recommend a candidate for that position. candidates for judicial positions within basic courts, the jurisdiction of which exclusively includes the territory of one or more municipalities in which the majority of the population belongs to the kosovo serb community, may only be recommended for appointment by the two members of the council elected by assembly deputies holding seats reserved or guaranteed for the serb community in the republic of kosovo acting jointly and unanimously. if these two (2) members fail to recommend a judicial candidate for two consecutive sessions of the kosovo judicial council, any kosovo judicial council member may recommend a candidate for that position. article 109. state prosecutor the state prosecutor is an independent institution with authority and responsibility for the prosecution of persons charged with committing criminal acts and other acts specified by law. the state prosecutor is an impartial institution and acts in accordance with the constitution and the law. the organization, competencies and duties of the state prosecutor shall be defined by law. the state prosecutor shall reflect the multiethnic composition of the republic of kosovo and shall respect the principles of gender equality. the mandate for prosecutors shall be three years. the reappointment mandate is permanent until the retirement age as determined by law or unless removed in accordance with law. prosecutors may be removed from office upon conviction of a serious criminal offense or for serious neglect of duties. the chief state prosecutor shall be appointed and dismissed by the president of the republic of kosovo upon the proposal of the kosovo prosecutorial council. the mandate of the chief state prosecutor is seven (7) years, without the possibility of reappointment. article 110. kosovo prosecutorial council the kosovo prosecutorial council is a fully independent institution in the performance of its functions in accordance with law. the kosovo prosecutorial council shall ensure that all persons have equal access to justice. the kosovo prosecutorial council shall ensure that the state prosecutor is independent, professional and impartial and reflects the multi-ethnic nature of kosovo and the principles of gender equality. the kosovo prosecutorial council shall recruit, propose, promote, transfer, reappoint and discipline prosecutors in a manner provided by law. the council shall give preference for appointment as prosecutors to members of underrepresented communities as provided by law. all candidates shall fulfill the selection criteria as provided by law. proposals for appointments of prosecutors must be made on the basis of an open appointment process, on the basis of the merit of the candidates, and the proposals shall reflect principles of gender equality and the ethnic composition of the relevant territorial jurisdiction. the composition of kosovo prosecutorial council, as well as provisions regarding appointment, removal, term of office, organizational structure and rules of procedure, shall be determined by law. article 111. advocacy advocacy is an independent profession, which shall provide services in the manner provided by law. the manners by which the right of exercising the profession of the advocate is obtained and lost shall be determined by law. chapter viii. constitutional court article 112. general principles the constitutional court is the final authority for the interpretation of the constitution and the compliance of laws with the constitution. the constitutional court is fully independent in the performance of its responsibilities. article 113. jurisdiction and authorized parties the constitutional court decides only on matters referred to the court in a legal manner by authorized parties. the assembly of kosovo, the president of the republic of kosovo, the government, and the ombudsperson are authorized to refer the following matters to the constitutional court: the question of the compatibility with the constitution of laws, of decrees of the president or prime minister, and of regulations of the government; the compatibility with the constitution of municipal statutes. the assembly of kosovo, the president of the republic of kosovo and the government are authorized to refer the following matters to the constitutional court: conflict among constitutional competencies of the assembly of kosovo, the president of the republic of kosovo and the government of kosovo; compatibility with the constitution of a proposed referendum; compatibility with the constitution of the declaration of a state of emergency and the actions undertaken during the state of emergency; compatibility of a proposed constitutional amendment with binding international agreements ratified under this constitution and the review of the constitutionality of the procedure followed; questions whether violations of the constitution occurred during the election of the assembly. a municipality may contest the constitutionality of laws or acts of the government infringing upon their responsibilities or diminishing their revenues when municipalities are affected by such law or act. ten (10) or more deputies of the assembly of kosovo, within eight (8) days from the date of adoption, have the right to contest the constitutionality of any law or decision adopted by the assembly as regards its substance and the procedure followed. thirty (30) or more deputies of the assembly are authorized to refer the question of whether the president of the republic of kosovo has committed a serious violation of the constitution. individuals are authorized to refer violations by public authorities of their individual rights and freedoms guaranteed by the constitution, but only after exhaustion of all legal remedies provided by law. the courts have the right to refer questions of constitutional compatibility of a law to the constitutional court when it is raised in a judicial proceeding and the referring court is uncertain as to the compatibility of the contested law with the constitution and provided that the referring court's decision on that case depends on the compatibility of the law at issue. the president of the assembly of kosovo refers proposed constitutional amendments before approval by the assembly to confirm that the proposed amendment does not diminish the rights and freedoms guaranteed by chapter ii of the constitution. additional jurisdiction may be determined by law. article 114. composition and mandate of the constitutional court the constitutional court shall be composed of nine (9) judges who shall be distinguished jurists of the highest moral character, with not less than ten (10) years of relevant professional experience. other relevant qualifications shall be provided by law. principles of gender equality shall be respected. judges shall be appointed by the president of the republic of kosovo upon the proposal of the assembly and shall serve for a non-renewable mandate of nine (9) years. the decision to propose seven (7) judges requires a two thirds (2/3) majority of the deputies of the assembly present and voting. the decision on the proposals of the other two (2) judges shall require the majority vote of the deputies of the assembly present and voting, but only upon the consent of the majority of the deputies of the assembly holding seats reserved or guaranteed for representatives of the communities not in the majority in kosovo. if the mandate of a judge ends before the end of the regular mandate, the appointment of the replacement judge shall be made in compliance with this article for a full mandate without the right to re-appointment. the president and deputy president of the constitutional court shall be elected from the judges of the constitutional court by a secret ballot of the judges of the court for a term of three (3) years. election to these offices shall not extend the regular mandate of the judge. article 115. organization of the constitutional court the constitutional court shall determine its internal organization, rules of procedure, decision-making processes and other organizational issues pursuant to law. the constitutional court shall publish an annual report. article 116. legal effect of decisions decisions of the constitutional court are binding on the judiciary and all persons and institutions of the republic of kosovo. while a proceeding is pending before the constitutional court, the court may temporarily suspend the contested action or law until the court renders a decision if the court finds that application of the contested action or law would result in unrecoverable damages. if not otherwise provided by the constitutional court decision, the repeal of the law or other act or action is effective on the day of the publication of the court decision. decisions of the constitutional court are published in the official gazette. article 117. immunity judges of the constitutional court shall be immune from prosecution, civil lawsuit and dismissal for actions taken, decisions made or opinions expressed that are within the scope of their responsibilities as judges of the constitutional court. article 118. dismissal judges of the constitutional court may be dismissed by the president of the republic of kosovo upon the proposal of two thirds (2/3) of the judges of the constitutional court only for the commission of a serious crime or for serious neglect of duties. chapter ix. economic relations article 119. general principles the republic of kosovo shall ensure a favorable legal environment for a market economy, freedom of economic activity and safeguards for private and public property. the republic of kosovo shall ensure equal legal rights for all domestic and foreign investors and enterprises. actions limiting free competition through the establishment or abuse of a dominant position or practices restricting competition are prohibited, unless explicitly allowed by law. the republic of kosovo promotes the welfare of all of its citizens by fostering sustainable economic development. the republic of kosovo shall establish independent market regulators where the market alone cannot sufficiently protect the public interest. a foreign investor is guaranteed the right to freely transfer profit and invested capital outside the country in accordance with the law. consumer protection is guaranteed in accordance with the law. every person is required to pay taxes and other contributions as provided by law. the republic of kosovo shall exercise its ownership function over any enterprise it controls consistently with the public interest, with a view to maximizing the long-term value of the enterprise. public service obligation may be imposed on such enterprises in accordance with the law, which shall also provide for a fair compensation. article 120. public finances public expenditure and the collection of public revenue shall be based on the principles of accountability, effectiveness, efficiency and transparency. the conduct of fiscal policy at all levels of government shall be compatible with the conditions for low-inflationary and sustainable economic growth and employment creation. public borrowing shall be regulated by law and shall be compatible with economic stability and fiscal sustainability. article 121. property types of property shall be defined by law. foreign natural persons and foreign organizations may acquire ownership rights over immovable property in accordance with such reasonable conditions as may be established by law or international agreement. foreign natural persons and foreign organizations may, in accordance with such reasonable conditions as may be established by law, acquire concession rights and other rights to use and/or exploit publicly owned resources, including natural resources, and publicly owned infrastructure. article 122. use of property and natural resources the people of the republic of kosovo may, in accordance with such reasonable conditions as may be established by law, enjoy the natural resources of the republic of kosovo, but they may not infringe on the obligations stemming from international agreements on economic cooperation. natural resources such as water, air space, mineral resources and other natural resources including land, flora and fauna, other parts of nature, immovable property and other goods of special cultural, historic, economic and ecologic importance, which have been determined by law to be of special interest to the republic of kosovo, shall enjoy special protection in accordance with law. limitations on owners' rights and other exploitation rights on goods of special interest to the republic of kosovo and the compensation for such limitations shall be provided by law. chapter x. local government and territorial organization article 123. general principles the right to local self-government is guaranteed and is regulated by law. local self-government is exercised by representative bodies elected through general, equal, free, direct, and secret ballot elections. the activity of local self-government bodies is based on this constitution and the laws of the republic of kosovo and respects the european charter of local self-government. the republic of kosovo shall observe and implement the european charter on local self government to the same extent as that required of a signatory state. local self-government is based upon the principles of good governance, transparency, efficiency and effectiveness in providing public services having due regard for the specific needs and interests of the communities not in the majority and their members. article 124. local self-government organization and operation the basic unit of local government in the republic of kosovo is the municipality. municipalities enjoy a high degree of local self-governance and encourage and ensure the active participation of all citizens in the decision-making process of the municipal bodies. establishment of municipalities, municipal boundaries, competencies and method of organization and operation shall be regulated by law. municipalities have their own, extended and delegated competencies in accordance with the law. the state authority which delegates competencies shall cover the expenditures incurred for the exercise of delegation. municipalities have the right of inter-municipal cooperation and cross-border cooperation in accordance with the law. municipalities have the right to decide, collect and spend municipal revenues and receive appropriate funding from the central government in accordance with the law. municipalities are bound to respect the constitution and laws and to apply court decisions. the administrative review of acts of municipalities by the central authorities in the area of their own competencies shall be limited to ensuring compatibility with the constitution of the republic of kosovo and the law. chapter xi. security sector article 125. general principles the republic of kosovo has authority over law enforcement, security, justice, public safety, intelligence, civil emergency response and border control within its territory. security institutions in the republic of kosovo shall protect public safety and the rights of all people in the republic of kosovo. the institutions shall operate in full transparency and in accordance with internationally recognized democratic standards and human rights. security institutions shall reflect the ethnic diversity of the population of the republic of kosovo. the republic of kosovo fully respects all applicable international agreements and the relevant international law and cooperates with the international security bodies and regional counterparts. civilian and democratic control over security institutions shall be guaranteed. the assembly of the republic of kosovo oversees the budget and policies of the security institutions as provided by law. article 126. kosovo security force the kosovo security force shall serve as a national security force for the republic of kosovo and may send its members abroad in full conformity with its international responsibilities. the kosovo security force shall protect the people and communities of the republic of kosovo based on the competencies provided by law. the president of the republic of kosovo is the commander-in-chief of the kosovo security force, which shall always be subject to control by democratically elected civilian authorities. the kosovo security force shall be professional, reflect ethnic diversity of the people of the republic of kosovo and shall be recruited from among the citizens of the republic of kosovo. the commander of the kosovo security force shall be appointed by the president of the republic of kosovo upon the recommendation of the government. internal organization of the kosovo security force shall be determined by law. article 127. kosovo security council the security council of the republic of kosovo in cooperation with the president of the republic of kosovo and the government develops the security strategy for the republic of kosovo. the security council of the republic of kosovo shall also have an advisory role on all matters relating to security in the republic of kosovo. the security council of the republic of kosovo shall be chaired by the prime minister with the support of the government, except during a state of emergency as provided by this constitution. the president of the republic of kosovo may require meetings of the security council of the republic of kosovo and the council is obliged to closely coordinate its work with the president. the security council of the republic of kosovo shall closely cooperate with international authorities. members of the security council of the republic of kosovo shall be appointed and dismissed in a manner provided for by law. article 128. kosovo police the police of the republic of kosovo shall be responsible for the preservation of public order and safety throughout the territory of the republic of kosovo. the police shall be professional and reflect the ethnic diversity of the population of the republic of kosovo. the prime minister shall appoint the police director general of the republic of kosovo upon the recommendation of the government and in accordance with law. internal organization of the kosovo police shall be provided by law. the police of the republic of kosovo shall have a unified chain of command throughout the republic of kosovo with police stations corresponding to municipal boundaries. the kosovo police shall facilitate cooperation with municipal authorities and community leaders through the establishment of local councils as provided by law. ethnic composition of the police within a municipality shall reflect the ethnic composition of the population within the respective municipality to the highest extent possible. the police of the republic of kosovo shall be responsible for border control in direct cooperation with local and international authorities. article 129. kosovo intelligence agency the kosovo intelligence agency shall identify, investigate and monitor threats to security in the republic of kosovo. the kosovo intelligence agency shall be professional, politically impartial, multi-ethnic and shall be subject to assembly oversight in a manner provided by law. the president of the republic of kosovo and the prime minister, upon consultation with the government, shall jointly appoint the director, deputy director and inspector general of kosovo intelligence agency. qualifications and terms of office shall be determined by law. the president of the republic of kosovo and the prime minister shall receive the same intelligence information. article 130. civilian aviation authority the civilian aviation authority of the republic of kosovo shall regulate civilian aviation activities in the republic of kosovo and shall be a provider of air navigation services as provided by law. the civilian aviation authority shall fully cooperate with relevant international and local authorities as provided by law. article 131. state of emergency the president of the republic of kosovo may declare a state of emergency when: there is a need for emergency defense measures; there is internal danger to the constitutional order or to public security; or there is a natural disaster affecting all or part of the territory of the republic of kosovo. during the state of emergency, the constitution of the republic of kosovo shall not be suspended. limitations on the rights and freedoms guaranteed by the constitution shall only be to the extent necessary, for the least amount of time and in full accordance with this constitution. during the state of emergency, the law on elections of the assembly and municipalities shall not be changed. further principles for the actions of the public institutions during the state of emergency shall be regulated by law, but shall not be inconsistent with this article. if there exists the need for emergency defense measures, the president of the republic of kosovo shall declare a state of emergency upon consultation with the prime minister. in declaring the state of emergency, the president of the republic of kosovo shall immediately issue a decree setting forth the nature of the threat and any limitations on rights and freedoms. within forty eight (48) hours, the assembly may provide its consent by two thirds (2/3) vote of the deputies present and voting. if consent is not provided, the president's decree shall have no force or effect. if there exists a danger to the constitutional order and to the public safety in the republic of kosovo or there exists a natural disaster in all or part of the territory of the republic of kosovo, the president of the republic of kosovo may declare a state of emergency upon consultation with the prime minister. in declaring the state of emergency, the president of the republic of kosovo shall immediately issue a decree setting forth the nature of the emergency and any limitations on rights and freedoms. within forty eight (48) hours, the assembly may provide its consent by a majority vote of the deputies present and voting. if consent is not provided, the president's decree shall have no force or effect. a state of emergency shall last only as long as the danger continues and may last no longer than a period of sixty (60) days. with the consent of a majority vote of the deputies of the assembly present and voting, the state of emergency may be extended if necessary for successive periods of thirty (30) days up to a total of ninety (90) additional days. the assembly may place such limitations on the duration and extent of the state of emergency as deemed necessary. when the president determines that the danger to the republic of kosovo is of an extraordinary nature, the assembly may authorize an extension of the state of emergency beyond the one hundred fifty (150) days, only if adopted by two thirds (2/3) vote of all deputies of the assembly. the president of the republic of kosovo may, upon consultation with the government and the assembly, order mobilization of the kosovo security force to assist in the state of emergency. the security council of the republic of kosovo, only during the state of emergency, shall exercise executive functions which shall be limited to those functions which specifically relate to the state of emergency. in a state of emergency the security council of the republic of kosovo shall be chaired by the president of the republic of kosovo, as provided by law. during the state of emergency, the security council of the republic of kosovo shall closely cooperate with the government, the assembly and international authorities. the law shall define the principles, areas and manner of compensation for any losses resulting from the limitations imposed during a state of emergency. chapter xii. independent institutions article 132. role and competencies of the ombudsperson the ombudsperson monitors, defends and protects the rights and freedoms of individuals from unlawful or improper acts or failures to act of public authorities. the ombudsperson independently exercises her/his duty and does not accept any instructions or intrusions from the organs, institutions or other authorities exercising state authority in the republic of kosovo. every organ, institution or other authority exercising legitimate power of the republic of kosovo is bound to respond to the requests of the ombudsperson and shall submit all requested documentation and information in conformity with the law. article 133. office of ombudsperson the office of the ombudsperson shall be an independent office and shall propose and administer its budget in a manner provided by law. the ombudsperson has one (1) or more deputies. their number, method of selection and mandate are determined by the law on ombudsperson. at least one (1) deputy ombudsperson shall be a member of a community not in the majority in kosovo. article 134. qualification, election and dismissal of the ombudsperson the ombudsperson is elected by the assembly of kosovo by a majority of all its deputies for a non-renewable five (5) year term. any citizen of the republic of kosovo, who has a university degree, high moral and honest character, distinguished experience and knowledge in the area of human rights and freedoms, is eligible to be elected as ombudsperson. the ombudsperson and deputy ombudspersons shall not be members of any political party, exercise any political, state or professional private activity, or participate in the management of civil, economic or trade organizations. the ombudsperson shall be immune from prosecution, civil lawsuit and dismissal for actions or decisions that are within the scope of responsibilities of the ombudsperson. the ombudsperson may be dismissed only upon the request of more than one third (1/3) of all deputies of the assembly and upon a vote of two thirds (2/3) majority of all its deputies. article 135. ombudsperson reporting the ombudsperson shall submit an annual report to the assembly of the republic of kosovo. upon request of the assembly, the ombudsperson is required to submit interim or other reports to the assembly. upon the request of the ombudsperson, the assembly shall permit the ombudsperson to be heard. the ombudsperson is eligible to make recommendations and propose actions when violations of human rights and freedoms by the public administration and other state authorities are observed. the ombudsperson may refer matters to the constitutional court in accordance with the provisions of this constitution. article 136. auditor-general of kosovo the auditor-general of the republic of kosovo is the highest institution of economic and financial control. organization, operation and competencies of the auditor-general of the republic of kosovo shall be determined by the constitution and law. the auditor-general of the republic of kosovo is elected and dismissed by the assembly by a majority vote of all its deputies on the proposal of the president of the republic of kosovo. the assembly decides on the dismissal of the auditor-general of the republic of kosovo by a two thirds (2/3) majority of all its deputies upon the proposal of the president of the republic of kosovo or upon the proposal of one third (1/3) of all its deputies. the mandate of the auditor-general of the republic of kosovo is five (5) years with the possibility of re-election to only one additional mandate. article 137. competencies of the auditor-general of kosovo auditor-general of the republic of kosovo audits: the economic activity of public institutions and other state legal persons; the use and safeguarding of public funds by central and local authorities; the economic activity of public enterprises and other legal persons in which the state has shares or the loans, credits and liabilities of which are guaranteed by the state. article 138. reports of the auditor-general of kosovo the auditor-general of the republic of kosovo addresses the assembly: to report on the execution of the state budget; to give an opinion on the report of the government on its expenditures of the previous year before it is adopted by the assembly; to inform the assembly on conclusions of audits when requested. the auditor-general of the republic of kosovo submits an annual report on the activities of the office to the assembly. article 139. central election commission the central election commission is a permanent body, which prepares, supervises, directs, and verifies all activities related to the process of elections and referenda and announces their results. the commission is composed of eleven (11) members. the chair of the central election commission is appointed by the president of the republic of kosovo from among the judges of the supreme court and courts exercising appellate jurisdiction. six (6) members shall be appointed by the six largest parliamentary groups represented in the assembly, which are not entitled to reserved seats. if fewer groups are represented in the assembly, the largest group or groups may appoint additional members. one (1) member shall be appointed by the assembly deputies holding seats reserved or guaranteed for the kosovo serb community, and three (3) members shall be appointed by the assembly deputies holding seats reserved or guaranteed for other communities that are not in majority in kosovo. article 140. central bank of kosovo the central bank of the republic of kosovo is an independent institution which reports to the assembly of kosovo. the central bank of the republic of kosovo exercises its competencies and powers exclusively in accordance with this constitution and other applicable legislative instruments. the governor of the central bank of the republic of kosovo will serve as the chief executive officer. the governance of the central bank of the republic of kosovo and the selection and nomination procedures of the central bank board members shall be regulated by law, which shall ensure its independence and autonomy. article 141. independent media commission the independent media commission is an independent body, which regulates the range of broadcasting frequencies in the republic of kosovo, issues licenses to public and private broadcasters, establishes and implements broadcasting policies and exercises other competencies as set forth by law. the members of the independent media commission shall be elected in a transparent process in accordance with the law. article 142. independent agencies independent agencies of the republic of kosovo are institutions established by the assembly based on the respective laws that regulate their establishment, operation and competencies. independent agencies exercise their functions independently from any other body or authority in the republic of kosovo. independent agencies have their own budget that shall be administered independently in accordance with the law. every organ, institution or other entity exercising legal authority in the republic of kosovo is bound to cooperate with and respond to the requests of the independent agencies during the exercise of their legal competencies in a manner provided by law. chapter xiii. final provisions article 143. comprehensive proposal for the kosovo status settlement [abrogated by constitutional amendment 4, published in the official gazette of the republic of kosova / no. 25 / 7 september 2012, pristina] notwithstanding any provision of this constitution: all authorities in the republic of kosovo shall abide by all of the republic of kosovo's obligations under the comprehensive proposal for the kosovo status settlement dated 26 march 2007. they shall take all necessary actions for their implementation. the provisions of the comprehensive proposal for the kosovo status settlement dated 26 march 2007 shall take precedence over all other legal provisions in kosovo. the constitution, laws and other legal acts of the republic of kosovo shall be interpreted in compliance with the comprehensive proposal for the kosovo status settlement dated 26 march 2007. if there are inconsistencies between the provisions of this constitution, laws or other legal acts of the republic of kosovo and the provisions of the said settlement, the latter shall prevail. article 144. amendments [moved to chapter i by constitutional amendment 5, published in the official gazette of the republic of kosova / no. 25 / 7 september 2012, pristina] the government, the president or one fourth (1/4) of the deputies of the assembly of kosovo as set forth in the rules of procedure of the assembly may propose changes and amendments to this constitution. any amendment shall require for its adoption the approval of two thirds (2/3) of all deputies of the assembly including two thirds (2/3) of all deputies of the assembly holding reserved or guaranteed seats for representatives of communities that are not in the majority in the republic of kosovo. amendments to this constitution may be adopted by the assembly only after the president of the assembly of kosovo has referred the proposed amendment to the constitutional court for a prior assessment that the proposed amendment does not diminish any of the rights and freedoms set forth in chapter ii of this constitution. amendments to the constitution enter into force immediately after their adoption in the assembly of the republic of kosovo. article 145. continuity of international agreements and applicable legislation [moved to chapter i by constitutional amendment 6, published in the official gazette of the republic of kosova / no. 25 / 7 september 2012, pristina] international agreements and other acts relating to international cooperation that are in effect on the day this constitution enters into force will continue to be respected until such agreements or acts are renegotiated or withdrawn from in accordance with their terms or until they are superseded by new international agreements or acts covering the same subject areas and adopted pursuant to this constitution. legislation applicable on the date of the entry into force of this constitution shall continue to apply to the extent it is in conformity with this constitution until repealed, superseded or amended in accordance with this constitution. chapter xiv. transitional provisions article 146. international civilian representative [abrogated by constitutional amendment 7, published in the official gazette of the republic of kosova / no. 25 / 7 september 2012, pristina] notwithstanding any provision of this constitution: the international civilian representative and other international organizations and actors mandated under the comprehensive proposal for the kosovo status settlement dated 26 march 2007 have the mandate and powers set forth under the said comprehensive proposal, including the legal capacity and privileges and immunities set forth therein. all authorities in the republic of kosovo shall cooperate fully with the international civilian representative, other international organizations and actors mandated under the comprehensive proposal for the kosovo status settlement dated 26 march 2007 and shall, inter alia, give effect to their decisions or acts. article 162. effective date this constitution shall enter into force and effect on 15 june 2008. article 147. final authority of the international civilian representative [abrogated by constitutional amendment 8, published in the official gazette of the republic of kosova / no. 25 / 7 september 2012, pristina] notwithstanding any provision of this constitution, the international civilian representative shall, in accordance with the comprehensive proposal for the kosovo status settlement dated 26 march 2007, be the final authority in kosovo regarding interpretation of the civilian aspects of the said comprehensive proposal. no republic of kosovo authority shall have jurisdiction to review, diminish or otherwise restrict the mandate, powers and obligations referred to in article 146 and this article. article 148. transitional provisions for the assembly of kosovo article 149. initial adoption of laws of vital interest [abrogated by constitutional amendment 10, published in the official gazette of the republic of kosova / no. 25 / 7 september 2012, pristina] notwithstanding the provisions of article 81 of this constitution, the laws of vital interest enumerated therein shall be initially adopted by the majority vote of the deputies of the assembly present and voting. article 150. appointment process for judges and prosecutors article 151. temporary composition of kosovo judicial council [abrogated by constitutional amendment 12, published in the official gazette of the republic of kosova / no. 25 / 7 september 2012, pristina] until the end of the international supervision of the implementation of the comprehensive proposal for kosovo status settlement, dated 26 march 2007, the kosovo judicial council shall be composed as follows: five (5) members shall consist of the kosovan members of the independent judicial and prosecutorial commission who have been vetted by the independent judicial and prosecutorial commission as part of phases 1 and 2 of the appointment process, in accordance with administrative direction 2008/02. of these five (5) members, one (1) judge and one (1) prosecutor, randomly selected, shall serve on the kosovo judicial council until the natural expiration of their existing mandates, at which time they shall be replaced by one (1) judge and one (1) prosecutor vetted by the independent judicial and prosecutorial commission and elected by their peers following methods intended to ensure the widest representation of the judiciary and prosecutorial service. the remaining two (2) judges and one (1) prosecutor, from among the five kosovan independent judicial and prosecutorial commission members, shall serve on the kosovo judicial council for an additional one (1) year term after the natural expiration of their existing mandates, at which time they shall be replaced by the same procedure as their former independent judicial and prosecutorial commission colleagues. in the event that an entity responsible for matters related to the appointment, disciplining and dismissal of prosecutors were established, all five remaining members of the kosovo judicial council shall be judges. the remaining eight (8) members of the council shall be elected by the assembly of kosovo as set forth by this constitution, except that two (2) out of the four (4) members elected by deputies holding seats attributed during the general distribution of seats shall be international members selected by the international civilian representative on the proposal of the european security and defense policy mission. one of the international members shall be a judge. article 152. temporary composition of the constitutional court [abrogated by constitutional amendment 13, published in the official gazette of the republic of kosova / no. 25 / 7 september 2012, pristina] until the end of the international supervision of the implementation of the comprehensive proposal for kosovo status settlement, dated 26 march 2007, the constitutional court shall be composed as follows: six (6) out of nine (9) judges shall be appointed by the president of the republic of kosovo on the proposal of the assembly. of the six (6) judges two (2) judges shall serve for a non-renewable term of three (3) years, two (2) judges shall serve for a non-renewable term of six (6) years, and two (2) judges shall serve for a non-renewable term of nine (9) years. mandates of initial period judges shall be chosen by lot by the president of the republic of kosovo immediately after their appointment. of the six (6) judges, four (4) shall be elected by a two-thirds (2/3) vote of the deputies of assembly present and voting. two (2) shall be elected by majority of the deputies of the assembly present and voting including the consent of the majority of the deputies of the assembly holding seats reserved or guaranteed for representatives of communities that are not in the majority in kosovo. three (3) international judges shall be appointed by the international civilian representative, upon consultation with the president of the european court of human rights. the three (3) international judges shall not be citizens of kosovo or any neighboring country. the international civilian representative shall determine when the mandates of the international judges expire and the judges shall be replaced as set forth by the constitution. article 153. international military presence [abrogated by constitutional amendment 14, published in the official gazette of the republic of kosova / no. 25 / 7 september 2012, pristina] notwithstanding any provision of this constitution, the international military presence has the mandate and powers set forth under the relevant international instruments including united nations security council resolution 1244 and the comprehensive proposal for the kosovo status settlement dated 26 march 2007. the head of the international military presence shall, in accordance with the comprehensive proposal for the kosovo status settlement dated 26 march 2007, be the final authority in theatre regarding interpretation of those aspects of the said settlement that refer to the international military presence. no republic of kosovo authority shall have jurisdiction to review, diminish or otherwise restrict the mandate, powers and obligations referred to in this article. article 154. kosovo protection corps [abrogated by constitutional amendment 15, published in the official gazette of the republic of kosova / no. 25 / 7 september 2012, pristina] the kosovo protection corps shall be dissolved within one year after entry into force of this constitution. until such dissolution, the international military presence, in consultation with the international civilian representative and the republic of kosovo, shall exercise executive authority over the kosovo protection corps and shall decide on the schedule of its dissolution. article 155. citizenship [moved to chapter i by constitutional amendment 16, published in the official gazette of the republic of kosova / no. 25 / 7 september 2012, pristina] all legal residents of the republic of kosovo as of the date of the adoption of this constitution have the right to citizenship of the republic of kosovo. the republic of kosovo recognizes the right of all citizens of the former federal republic of yugoslavia habitually residing in kosovo on 1 january 1998 and their direct descendants to republic of kosovo citizenship regardless of their current residence and of any other citizenship they may hold. article 156. refugees and internally displaced persons [moved to chapter ii by constitutional amendment 16, published in the official gazette of the republic of kosova / no. 25 / 7 september 2012, pristina] the republic of kosovo shall promote and facilitate the safe and dignified return of refugees and internally displaced persons and assist them in recovering their property and possession. article 157. auditor-general of kosovo [abrogated by constitutional amendment 18, published in the official gazette of the republic of kosova / no. 25 / 7 september 2012, pristina] until the end of the international supervision of the implementation of the comprehensive proposal for kosovo status settlement, dated 26 march 2007, the auditor-general of the republic of kosovo shall be an international appointed by the international civilian representative. article 158. central banking authority [abrogated by constitutional amendment 19, published in the official gazette of the republic of kosova / no. 25 / 7 september 2012, pristina] until the end of the international supervision of the implementation of the comprehensive proposal for kosovo status settlement, dated 26 march 2007, the governor of the central bank of the republic of kosovo shall be appointed by the president of the republic of kosovo following consent by the international civilian representative. article 159. socially owned enterprises and property article 160. publicly owned enterprises article 161. transitional provision [as amended by constitutional amendment 22, published in the official gazette of the republic of kosova / no. 25 / 7 september 2012, pristina] the individuals appointed by the international civilian representatives in accordance with the comprehensive proposal for the kosovo status settlement, 26 march 2007 whose appointments have not been terminated prior to the declaration of the end of supervised independence shall continue to carry out their functions in the institution for the specified term of appointment. kosovo shall accord to these individuals the same privileges and immunities as are enjoyed by diplomatic agents and their families under the vienna convention on diplomatic relations. article 162 new. the specialist chambers and the specialist prosecutor's office [added by constitutional amendment 24, published in the official gazette of the republic of kosova / no. 20 / 5 august 2015, pristina] notwithstanding any provision in this constitution: to comply with its international obligations in relation to the council of europe parliamentary assembly report doc 12462 of 7 january 2011, the republic of kosovo may establish specialist chambers and a specialist prosecutor's office within the justice system of kosovo. the organization, functioning and jurisdiction of the specialist chambers and specialist prosecutor's office shall be regulated by this article and by a specific law. the specialist chambers and specialist prosecutor's office shall uphold the protections enshrined within chapter iiof the constitution, and in particular shall act in compliance with the international human rights standards guaranteed by article 22 and subject to article 55. a specialist chamber of the constitutional court, composed of three (3) international judges appointed in addition to the judges referred to in article 114 (1), shall exclusively decide any constitutional referrals under article 113 of the constitution relating to the specialist chambers and specialist prosecutor's office in accordance with a specific law. the specialist chambers and the specialist prosecutor's office shall have full legal and juridical personality and shall have all the necessary powers and mandate for their operation, judicial co-operation, assistance, witness protection, security, detention and the service of sentence outside the territory of kosovo for anyone convicted, as well as in relation to the management of any residual matters after finalization of the mandate. arrangements arising from the exercise of these powers are not subject to article 18. before entering into any international treaty with a third state relating to judicial cooperation, which would otherwise require ratification under article 18, the specialist chambers shall seek the agreement of the government. the specialist chambers may determine its own rules of procedure and evidence, in accordance with international human rights standards as enshrined in article 22 and be guided by the kosovo code of criminal procedure. the specialist chamber of the constitutional court shall review the rules to ensure compliance with chapter ii of the constitution. the specialist chambers and the specialist prosecutor's office may have a seat in kosovo and a seat outside kosovo. the specialist chambers and the specialist prosecutor's office may perform their functions at either seat or elsewhere, as required. consistent with international law and pursuant to international agreements, any persons accused of crimes before the specialist chambers may be detained on remand and transferred to the specialist chambers sitting outside the territory of kosovo. if found guilty and sentenced to imprisonment, any such persons may be transferred to serve their sentence in a third country, outside the territory of kosovo, pursuant to arrangements concluded under paragraph 4. the official languages of the specialist chambers and the specialist prosecutor's office shall be albanian, serbian and english. the specialist chambers and the specialist prosecutor may decide on the official use of language(s) for the exercise of their mandate. appointment and oversight of judges and prosecutors and the oversight and administration of the specialist chambers and specialist prosecutor's office shall be in accordance with a specific law. a separate ombudsperson of the specialist chambers with exclusive responsibility for the specialist chambers and specialist prosecutor's office shall be appointed and his/her function and reporting obligations determined by [a specific law]. articles 133(2), 134, 135(1) and (2) shall not apply to the ombudsperson for the specialist chambers. the ombudsperson of kosovo may also refer matters as provided by article 135 (4). specific administrative procedures, modalities, the organisation and functioning of the specialist chambers and specialist prosecutor's office, the oversight, budgeting, auditing and other functions will be regulated by international agreement, by a specific law and through arrangements made under paragraph 4. the mandate of the specialist chambers and the specialist prosecutor's office shall be for a period of five (5) years, unless notification of completion of the mandate in accordance with law no. 04/l-274 occurs earlier. in the absence of notification of completion of the mandate under paragraph 12, the mandate of the specialist chambers and the specialist prosecutor's office shall continue until notification of completion is made in accordance with law no. 04/l-274 and in consultation with the government. annex: amendments amendments on the constitution of the republic of kosovo regarding the ending of international supervision of independence of kosovo [published in the official gazette of the republic of kosova / no. 25 / 7 september 2012, pristina] amendment 1 article 58, paragraph 4., shall be reworded with the following text: the republic of kosovo shall adopt adequate measures as may be necessary to promote full and effective equality in all areas of economic, social, political and cultural life, among members of communities and the effective participation of communities and their members in public life and decision making. such measures shall not be considered to be an act of discrimination. amendment 2 article 81, paragraph 1. shall be reworded with the following text: the following laws shall require for their adoption, amendment of abrogation both the majority of the assembly deputies and the majority of the assembly deputies who hold seats guaranteed for representatives of communities that are not in the majority. amendment 3 article 81 paragraph 1. item ( 5) shall be deleted and reworded as follows: laws on protection of cultural heritage and special protected areas. amendment 4 article 143 shall be deleted. amendment 5 article 144 (amendments), shall be moved to chapter i -basic provisions amendment 6 article 145 (continuity of international agreements and applicable legislation), shall be moved to chapter i -basic provisions. amendment 7 article 146 shall be deleted. amendment 8 article 147 shall be deleted. amendment 9 article 148 shall be deleted. amendment 10 article 149 shall be deleted. amendment 11 article 150 shall be deleted. amendment 12 article 151 shall be deleted. amendment 13 article 152 shall be deleted. amendment 14 article 153 shall be deleted. amendment 15 article 154 shall be deleted. amendment 16 article 155 (citizenship), shall be moved to chapter i -basic provisions. amendment 17 article 156 (refugees and internally displaced persons) shall be moved to chapter ii of the constitution. amendment 18 article 157 shall be deleted. amendment 19 article 158 shall be deleted. amendment 20 article 159 shall be deleted. amendment 21 article 160 shall be deleted. amendment 22 article 161 shall be deleted and a new article shall be added as transitional provision with the following text: article 161 transitional provision the individuals appointed by the international civilian representatives in accordance with the comprehensive proposal for the kosovo status settlement, 26 march 2007 whose appointments have not been terminated prior to the declaration of the end of supervised independence shall continue to carry out their functions in the institution for the specified term of appointment. kosovo shall accord to these individuals the same privileges and immunities as are enjoyed by diplomatic agents and their families under the vienna convention on diplomatic relations. decision of the assembly of the republic of kosovo, no. 04-v-436 on september 7, 2012 amendment of the constitution of the republic of kosovo [published in the official gazette of the republic of kosova / no. 6 / 12 march 2013, pristina] i amendment 23 article 65, after point (14) there is added point (15), with the following text: "(15) gives amnesty by the respective law, which shall be approved by two-thirds (2/3) of the votes of all deputies of the assembly." constitutional amendments shall enter into force immediately after their approval at the assembly of republic of kosovo. decision of the assembly of the republic of kosovo no. 04-v-553, 14 march 2013. amendment of the constitution of the republic of kosovo [published in the official gazette of the republic of kosova / no. 20 / 05 august 2015, pristina] i amendment 24 following article 161, a new article should be added and amended as follows: article 162 [the specialist chambers and the specialist prosecutor's office] notwithstanding any provision in this constitution: 1to comply with its international obligations in relation to the council of europe parliamentary assembly report doc 12462 of 7 january 2011, the republic of kosovo may establish specialist chambers and a specialist prosecutor's office within the justice system of kosovo. the organization, functioning and jurisdiction of the specialist chambers and specialist prosecutor's office shall be regulated by this article and by a specific law. 2the specialist chambers and specialist prosecutor's office shall uphold the protections enshrined within chapter ii of the constitution, and in particular shall act in compliance with the international human rights standards guaranteed by article 22 and subject to article 55. 3a specialist chamber of the constitutional court, composed of three (3) international judges appointed in addition to the judges referred to in article 114 (1), shall exclusively decide any constitutional referrals under article 113 of the constitution relating to the specialist chambers and specialist prosecutor's office in accordance with a specific law. 4the specialist chambers and the specialist prosecutor's office shall have full legal and juridical personality and shall have all the necessary powers and mandate for their operation, judicial co-operation, assistance, witness protection, security, detention and the service of sentence outside the territory of kosovo for anyone convicted, as well as in relation to the management of any residual matters after finalization of the mandate. arrangements arising from the exercise of these powers are not subject to article 18. 5before entering into any international treaty with a third state relating to judicial cooperation, which would otherwise require ratification under article 18, the specialist chambers shall seek the agreement of the government. 6the specialist chambers may determine its own rules of procedure and evidence, in accordance with international human rights standards as enshrined in article 22 and be guided by the kosovo code of criminal procedure. the specialist chamber of the constitutional court shall review the rules to ensure compliance with chapter ii of the constitution. 7the specialist chambers and the specialist prosecutor's office may have a seat in kosovo and a seat outside kosovo. the specialist chambers and the specialist prosecutor's office may perform their functions at either seat or elsewhere, as required. 8consistent with international law and pursuant to international agreements, any persons accused of crimes before the specialist chambers may be detained on remand and transferred to the specialist chambers sitting outside the territory of kosovo. if found guilty and sentenced to imprisonment, any such persons may be transferred to serve their sentence in a third country, outside the territory of kosovo, pursuant to arrangements concluded under paragraph 4. 9the official languages of the specialist chambers and the specialist prosecutor's office shall be albanian, serbian and english. the specialist chambers and the specialist prosecutor may decide on the official use of language(s) for the exercise of their mandate. 10appointment and oversight of judges and prosecutors and the oversight and administration of the specialist chambers and specialist prosecutor's office shall be in accordance with a specific law. 11a separate ombudsperson of the specialist chambers with exclusive responsibility for the specialist chambers and specialist prosecutor's office shall be appointed and his/her function and reporting obligations determined by [a specific law]. articles 133(2), 134, 135(1) and (2) shall not apply to the ombudsperson for the specialist chambers. the ombudsperson of kosovo may also refer matters as provided by article 135 (4). 12specific administrative procedures, modalities, the organisation and functioning of the specialist chambers and specialist prosecutor's office, the oversight, budgeting, auditing and other functions will be regulated by international agreement, by a specific law and through arrangements made under paragraph 4. 13the mandate of the specialist chambers and the specialist prosecutor's office shall be for a period of five (5) years, unless notification of completion of the mandate in accordance with law no. 04/l-274 occurs earlier. 14in the absence of notification of completion of the mandate under paragraph 12, the mandate of the specialist chambers and the specialist prosecutor's office shall continue until notification of completion is made in accordance with law no. 04/l-274 and in consultation with the government. constitutional amendments shall enter into force immediately upon their adoption by the assembly of the republic of kosovo. no.05 -d139 3 august 2015 decision of the assembly of the republic of kosovo no. 05-d-1 39, date: 3 august 2015 amendment of the constitution of the republic of kosovo [published in the official gazette of the republic of kosova / no. 9 / 11 march 2016, pristina] i amendment 25 article 108, paragraph 6, sub-paragraph 1 and 2 of the constitution of the republic of kosovo shall be amended as follows: (1) seven (7) members shall be judges elected by the members of the judiciary. (2) two (2) members shall be elected by the deputies of the assembly, holding seats attributed during the general distribution of seats and at least one of these two must be a judge." constitutional amendments shall enter into force immediately after their approval at the assembly of the republic of kosovo. no. 05-v-229 24 february 2016 decision of the assembly of the republic of kosovo no. 05-d-229, date: 24 february 2016 preamble may there be virtue. today is the tenth day of the waxing moon in the fifth month of the year of the rooster under the lunar calendar, being thursday, the sixth day of april under the solar calendar, in the 2560th year of the buddhist era. his majesty king maha vajiralongkorn bodindradebayavarangkun is graciously pleased to proclaim that the prime minister has respectfully informed that since phrabat somdet phra paramintharamaha prajadhipok phra pokklao chaoyuhua graciously granted the constitution of the kingdom of siam, b.e. 2475 (1932), thailand has continuously and always maintained the intention to adhere to a democratic regime of government with the king as head of state. even though constitutions have been annulled, amended and promulgated on several occasions to suitably reorganise governance, there was still no stability or order due to various problems and conflicts. at times, those events degenerated into constitutional crises which cannot be resolved. this was partially caused by there being persons ignoring or disobeying governance rules of the country, being corrupt and fraudulent, abusing power, and lacking a sense of responsibility towards the nation and the people, resulting in the ineffective enforcement of law. it is, therefore, necessary to prevent and rectify these matters by reforming education and law enforcement, and strengthening the system of merits and ethics. other causes are governance rules which are inappropriate to the situation of the country and the times, the prioritisation of forms and procedures over basic principles of democracy, or the failure to effectively apply, during the crises, existing rules to individuals’ behaviours and situations, the forms and procedures of which differ from those of the past. the constitution of the kingdom of thailand (interim), b.e. 2557 (2014) amendment (no. 1), b.e. 2558 (2015) accordingly provides that there shall be a constitution drafting committee to draft a constitution to be used as the principle of governance and as a guide for preparing organic laws and other laws by prescribing new mechanisms to reform and strengthen the governance of the country. this is to be carried out by: appropriately restructuring the duties and powers of organs under the constitution and the relationship between the legislative and executive branches; enabling court institutions and other independent organs that have duties to scrutinise the exercise of state powers to perform their duties efficiently, honestly and equitably, and to participate in preventing or solving national crises, as necessary and appropriate; guaranteeing, safeguarding and protecting thai people’s rights and liberties more clearly and inclusively by holding that the thai people’s rights and liberties are the principle, while the restriction and limitation thereon are exceptions, provided that the exercise of such rights and liberties must be subject to the rules for protecting the public; prescribing the duties of the state towards people, as well as requiring the people to have duties towards the state; establishing strict and absolute mechanisms to prevent, examine and eliminate dishonest act and wrongful conduct to prevent executives who lack moral virtue, ethics and good governance from ruling the country or using power arbitrarily; prescribing measures to prevent and manage crises in the country more efficiently; and, prescribing other mechanisms in accordance with the direction specified by the constitution of thailand (interim), b.e. 2557 (2014). these are to be used as a framework for developing the country, in line with the directive principles of state policies and the national strategy, from which each administration shall prescribe the appropriate policies and implementation. additionally, this establishes mechanisms to work together to reform the country in various aspects that are important and necessary, as well as to reduce the causes of conflict, so that the country can be at peace on the basis of unity and solidarity. the successful implementation of these matters demands cooperation among the people from all parts and all agencies of the state, in accordance with the direction of the civil state, pursuant to the rules under the principles of a democratic regime of government and constitutional conventions that are suited to the situation and the nature of thai society, the principles of good faith, human rights and good governance. this will in turn drive the country to progressively develop to become stable, prosperous and sustainable, politically, economically and socially, under the democratic regime of government with the king as head of state. pursuant to the foregoing undertakings, the constitution drafting committee has periodically imparted knowledge and understanding to the people of the principles and rationale of provisions of the draft constitution, has provided the people opportunities to widely access to the draft constitution and its meaning through different media, and has involved the people in the development of the essence of the draft constitution through receiving recommendations on possible revisions. once the preparation of the draft constitution was complete, copies of the draft constitution and a brief primer were disseminated in a way which allowed the people to easily and generally understand the main provisions of the draft constitution, and a referendum was arranged to approve the entire draft constitution. in this regard, the national legislative assembly also passed a resolution introducing one additional issue to be put to vote in referendum on the same occasion. the outcome of the referendum was such that people having the right to vote, by a majority of votes of the people voting in the referendum, approved such draft constitution and additional issue. the constitution drafting committee accordingly revised the relevant parts of the draft constitution to be in accordance with the outcome pertaining to the additional issue of the referendum, and referred the revision to the constitutional court for consideration as to whether it is in conformity with the outcome of the referendum. the constitutional court thereafter rendered a decision for the constitution drafting committee to partially revise the texts. the constitution drafting committee has made a revision according to the decision of the constitutional court. accordingly, the prime minister respectfully presented the draft constitution to the king. thereafter, the constitution of the kingdom of thailand (interim), b.e. 2557 amendment (no. 4), b.e. 2560 (2017) provides that the prime minister may respectfully ask for the return of that draft constitution from the king to make an amendment thereto on certain issues. after the amendment is complete, the prime minister thereby respectfully presented the draft constitution to the king for signature and subsequent promulgation as the constitution of the kingdom of thailand, and the king deemed it expedient to grant his royal assent. be it, therefore, commanded by the king that the constitution of the kingdom of thailand be promulgated to replace, as from the date of its promulgation, the constitution of the kingdom of thailand (interim), b.e. 2557 (2014) promulgated on the 22nd july b.e. 2557. may all thai people unite in observing, protecting and upholding the constitution of the kingdom of thailand in order to maintain the democratic regime of government and the sovereign power derived from the thai people, and to bring about happiness, prosperity and dignity to his majesty’s subjects throughout the kingdom according to the will of his majesty in every respect. chapter i. general provisions section 1 thailand is one and indivisible kingdom. section 2 thailand adopts a democratic regime of government with the king as head of state. section 3 sovereign power belongs to the thai people. the king as head of state shall exercise such power through the national assembly, the council of ministers and the courts in accordance with the provisions of this constitution. the national assembly, the council of ministers, courts, independent organs and state agencies shall perform duties in accordance with the constitution, laws and the rule of law for the common good of the nation and the happiness of the public at large. section 4 human dignity, rights, liberties and equality of the people shall be protected. the thai people shall enjoy equal protection under this constitution. section 5 the constitution is the supreme law of the state. the provisions of any law, rule or regulation or any acts, which are contrary to or inconsistent with the constitution, shall be unenforceable. whenever no provision under this constitution is applicable to any case, an act shall be performed or a decision shall be made in accordance with the constitutional conventions of thailand under the democratic regime of government with the king as head of state. chapter ii. the king section 6 the king shall be enthroned in a position of revered worship and shall not be violated. no person shall expose the king to any sort of accusation or action. section 7 the king is a buddhist and upholder of religions. section 8 the king holds the position of head of the thai armed forces. section 9 the king has the royal prerogative to create and remove titles, and confer and revoke decorations. section 10 the king selects and appoints qualified persons to be the president of the privy council and not more than eighteen privy councillors to constitute the privy council. the privy council has the duty to render advice to the king on all matters pertaining to his functions as he may consult, and has other duties as provided by the constitution. section 11 the selection and appointment or the removal of a privy councillor shall be at the king's pleasure. the president of the national assembly shall countersign the royal command appointing or removing the president of the privy council. the president of the privy council shall countersign the royal command appointing or removing other privy councillors. section 12 a privy councillor shall not be a member of the house of representatives, a senator, a person holding any other political position, a judge of the constitutional court, a person holding a position in an independent organ, an official of a state enterprise, another state official or a member or official of a political party or a government official other than an official of the royal household holding a position of privy councillor, and shall not manifest loyalty to any political party. section 13 before taking office, a privy councillor shall make a solemn declaration before the king in the following words: “i, (name of the declarer), do solemnly declare that i will be loyal to his majesty the king and will faithfully perform my duties in the interests of the country and of the people. i will also uphold and observe the constitution of the kingdom of thailand in every respect.” section 14 a privy councillor vacates office upon death, resignation or removal by royal command. section 15 the appointment and removal of officials of the royal household shall be at the king’s pleasure. the organisation and personnel administration of the royal household shall be at the king’s pleasure, as provided by royal decree. section 16 whenever the king is absent from the kingdom or unable to perform his functions for any reason whatsoever, the king may or may not appoint one person or several persons forming a council as regent. in the case where a regent is appointed, the president of the national assembly shall countersign the royal command therefor. section 17 in the case where the king does not appoint a regent under section 16 or is unable to appoint a regent owing to his not being sui juris or any other reason whatsoever, but the privy council is of the opinion that it is necessary to appoint a regent and is unable to inform the king to make an appointment in due course, the privy council shall propose the name of one person or several persons forming a council sequentially from those determined in advance by the king to be regent and notify the president of the national assembly to make an announcement, in the name of the king, to appoint such person as regent. section 18 while there is no regent under section 16 or section 17, the president of the privy council shall be regent pro tempore. in the case where the regent appointed under section 16 or section 17 is unable to perform his or her duties, the president of the privy council shall act as regent pro tempore. while being regent under paragraph one or acting as regent under paragraph two, the president of the privy council shall not perform his or her duties as president of the privy council. in such case, the privy council shall elect one privy councillor to act as president of the privy council pro tempore. section 19 before taking office, the regent appointed under section 16 or section 17 shall make a solemn declaration before the national assembly in the following words: “i, (name of the declarer), do solemnly declare that i will be loyal to his majesty the king (name of the king) and will faithfully perform my duties in the interests of the state and the people. i will also uphold and observe the constitution of the kingdom of thailand in every respect.” a regent who has previously been appointed and made the solemn declaration need not make the solemn declaration again. section 20 subject to section 21, the succession to the throne shall be in accordance with the palace law on succession, b.e. 2467 (1924). the amendment to the palace law on succession, b.e. 2467 (1924) shall specifically be the royal prerogative of the king. at the initiative of the king, the privy council shall prepare the draft palace law amendment to the existing palace law and shall present it to the king for his consideration. when the king has already approved the draft palace law amendment and bestowed his signature thereon, the president of the privy council shall notify the president of the national assembly who shall inform the national assembly. the president of the national assembly shall countersign the royal command. the palace law amendment shall have force of law upon its publication in the government gazette. section 21 in the case where the throne becomes vacant and the king has already appointed an heir to the throne under the palace law on succession, b.e. 2467(1924), the council of ministers shall notify the president of the national assembly. the president of the national assembly shall convoke the national assembly for acknowledgement thereof, and shall invite such heir to ascend the throne and proclaim such heir as king. in the case where the throne becomes vacant and the king has not appointed an heir under paragraph one, the privy council shall submit the name of the successor to the throne under section 20 to the council of ministers for further submission to the national assembly for approval. in this regard, the name of a princess may be submitted. upon the approval of the national assembly, the president of the national assembly shall invite such successor to ascend the throne and proclaim such successor as king. section 22 pending the proclamation of the name of the heir or the successor to the throne under section 21, the president of the privy council shall be regent pro tempore. however, if the throne becomes vacant while the regent has been appointed under section 16 or section 17 or while the president of the privy council is the regent under section 18 paragraph one, such regent, as the case may be, shall continue to be the regent until the proclamation of the name of the heir or the successor to ascend the throne as king. in the case where the regent who has been appointed and continues to be the regent under paragraph one is unable to perform his or her duties, the president of the privy council shall act as regent pro tempore. in the case where the president of the privy council is the regent under paragraph one or acts as the regent pro tempore under paragraph two, the provisions of section 18 paragraph three shall apply. section 23 in the case where the privy council has to perform its duties under section 17 or section 21 paragraph two, or the president of the privy council has to be or act as regent under section 18 paragraph one or paragraph two or section 22 paragraph two, and there is, during that period, no president of the privy council or the president of the privy council is unable to perform duties, the remaining privy councillors shall elect one among themselves to act as the president of the privy council or to be or to act as regent under section 18 paragraph one or paragraph two or section 22 paragraph two, as the case may be. section 24 the making of a solemn declaration before the king under the constitution or law may, by the king’s assent, be made before the heir to the throne who is sui juris or before a representative of the king. while a solemn declaration has not yet been made under paragraph one, the king may allow the person who has to make such solemn declaration to perform duties for the time being. chapter iii. rights and liberties of the thai people section 25 as regards the rights and liberties of the thai people, in addition to the rights and liberties as guaranteed specifically by the provisions of the constitution, a person shall enjoy the rights and liberties to perform any act which is not prohibited or restricted by the constitution or other laws, and shall be protected by the constitution, insofar as the exercise of such rights or liberties does not affect or endanger the security of the state or public order or good morals, and does not violate the rights or liberties of other persons. any right or liberty stipulated by the constitution to be as provided by law, or to be in accordance with the rules and procedures prescribed by law, can be exercised by a person or community, despite the absence of such law, in accordance with the intent of the constitution. any person whose rights or liberties protected under the constitution are violated, can invoke the provisions of the constitution to exercise his or her right to bring a lawsuit or to defend himself or herself in the court. any person injured from the violation of his or her rights or liberties or from the commission of a criminal offence by another person, shall have the right to remedy or assistance from the state, as prescribed by law. section 26 the enactment of a law resulting in the restriction of rights or liberties of a person shall be in accordance with the conditions provided by the constitution. in the case where the constitution does not provide the conditions thereon, such law shall not be contrary to the rule of law, shall not unreasonably impose burden on or restrict the rights or liberties of a person and shall not affect the human dignity of a person, and the justification and necessity for the restriction of the rights or liberties shall also be specified. the law under paragraph one shall be of general application, and shall not be intended to apply to any particular case or person. section 27 all persons are equal before the law, and shall have rights and liberties and be protected equally under the law. men and women shall enjoy equal rights. unjust discrimination against a person on the grounds of differences in origin, race, language, sex, age, disability, physical or health condition, personal status, economic and social standing, religious belief, education, or political view which is not contrary to the provisions of the constitution, or on any other grounds shall not be permitted. measures determined by the state in order to eliminate an obstacle to or to promote persons’ ability to exercise their rights or liberties on the same basis as other person or to protect or facilitate children, women, the elderly, persons with disabilities or underprivileged persons shall not be deemed as unjust discrimination under paragraph three. members of the armed forces, police force, government officials, other officials of the state, officers or employees of state organisations shall enjoy the same rights and liberties as those enjoyed by other persons, except those restricted by law specifically in relation to politics, capacities, disciplines or ethics. section 28 a person shall enjoy the right and liberty in his or her life and person. arrest and detention of person shall not be permitted, except by an order or a warrant issued by the court or on other grounds as provided by law. search of person or any act affecting the right or liberty in life or person shall not be permitted except on the grounds as provided by law. torture, brutal acts or punishment by cruel or inhumane means shall not be permitted. section 29 no person shall be subject to a criminal punishment unless he or she has committed an act which the law in force at the time of commission provides to be an offence and prescribe a punishment therefor, and the punishment to be imposed on such person shall not be of greater severity than that provided by law in force at the time of the commission of the offence. a suspect or defendant in a criminal case shall be presumed innocent, and before the passing of a final judgment convicting a person of having committed an offence, such person shall not be treated as a convict. custody or detention of a suspect or a defendant shall only be undertaken as necessary to prevent such person from escaping. in a criminal case, a person shall not be forced to make a statement incriminating himself or herself. an application for a bail of a suspect or defendant in a criminal case shall be accepted for consideration, and excessive bail shall not be demanded. the refusal of a bail must be as provided by law. section 30 forced labour shall not be imposed, except by virtue of a provision of law enacted for the purpose of averting public calamity, or when a state of emergency or martial law is declared, or during the time when the country is in a state of war or armed conflict. section 31 a person shall enjoy full liberty to profess a religion, and shall enjoy the liberty to exercise or practice a form of worship in accordance with his or her religious principles, provided that it shall not be adverse to the duties of all thai people, neither shall it endanger the safety of the state, nor shall it be contrary to public order or good morals. section 32 a person shall enjoy the rights of privacy, dignity, reputation and family. any act violating or affecting the right of a person under paragraph one, or exploitation of personal information in any manner whatsoever shall not be permitted, except by virtue of a provision of law enacted only to the extent of necessity of public interest. section 33 a person shall enjoy the liberty of dwelling. entry into a dwelling without the consent of its possessor or a search of a dwelling or private place shall not be permitted, except by an order or a warrant issued by the court or where there are other grounds as provided by law. section 34 a person shall enjoy the liberty to express opinions, make speeches, write, print, publicise and express by other means. the restriction of such liberty shall not be imposed, except by virtue of the provisions of law specifically enacted for the purpose of maintaining the security of the state, protecting the rights or liberties of other persons, maintaining public order or good morals, or protecting the health of the people. academic freedom shall be protected. however, the exercise of such freedom shall not be contrary to the duties of the thai people or good morals, and shall respect and not obstruct the different views of another person. section 35 a media professional shall have liberty in presenting news or expressing opinions in accordance with professional ethics. the closure of a newspaper or other mass media in deprivation of the liberty under paragraph one shall not be permitted. censorship by a competent official of any news or statements made by a media professional before the publication in a newspaper or any media shall not be permitted, except during the time when the country is in a state of war. the owner of a newspaper or other mass media shall be a thai national. no grant of money or other properties shall be made by the state as subsidies to private newspapers or other private mass media. a state agency which pays money or gives properties to mass media, regardless of whether it is for the purpose of advertisement or public relations, or for any other similar purpose, shall disclose the details to the state audit commission within the prescribed period of time and shall also announce them to the public. a state official who performs mass media duties shall enjoy the liberties under paragraph one, provided that the purposes and missions of the agency to which he or she is attached shall also be taken into consideration. section 36 a person shall enjoy the liberty of communication by any means. censorship, detention or disclosure of information communicated between persons, including any commission of an act carried out to know or obtain information communicated between persons, shall not be permitted, except by an order or a warrant issued by the court or where there are other grounds as prescribed by law. section 37 a person shall enjoy the right to property and succession. the extent and restriction of such right shall be as provided by law. the expropriation of immovable property shall not be permitted except by virtue of the provisions of law enacted for the purpose of public utilities, national defence or acquisition of national resources, or for other public interests, and fair compensation shall be paid in due time to the owner thereof, as well as to all persons having rights thereto, who suffer loss from such expropriation by taking into consideration the public interest and impact on the person whose property has been expropriated, including any benefit which such person may obtain from such expropriation. the expropriation of immovable property shall be made only insofar as it is necessary for the purposes provided in paragraph three, except for an expropriation to use the expropriated immovable property to compensate in order to restore fairness to the owner of property expropriated as provided by law. an immovable property expropriation law shall specify the purpose of the expropriation and expressly prescribe a period of time for use of the immovable property. if the immovable property is not used to fulfill such purpose within such period of time or there is immovable property remaining from the use, and the original owner or his or her heir wishes to have such immovable property returned, it shall be returned to the original owner or heir. the time period for requesting return of expropriated immovable property which has not been used, or of the remaining immovable property, to the original owner or his or her heir, as well as the return thereof and the reclaiming of the compensation paid, shall be as provided by law. the enactment of an immovable property expropriation law which specifically set out immovable properties or owners of immovable property subject to the expropriation as necessary, shall not be deemed contrary to section 26 paragraph two. section 38 a person shall enjoy the liberty of travelling and the liberty of making the choice of his or her residence. the restriction of such liberties under paragraph one shall not be imposed except by virtue of a provision of law enacted for the purpose of security of the state, public order, public welfare or town and country planning, or for maintaining family status, or for welfare of youth. section 39 no person of thai nationality shall be deported or prohibited from entering the kingdom. the revocation of thai nationality acquired by birth shall not be permitted. section 40 a person shall enjoy the liberty to engage in an occupation. the restriction of such liberty under paragraph one shall not be imposed except by virtue of a provision of law enacted for the purpose of maintaining the security or economy of the country, protecting fair competition, preventing or eliminating barriers or monopoly, protecting consumers, regulating the engagement of occupation only to the extent of necessity, or for other public interests. enactment of the law to regulate the engagement of occupation under paragraph two shall not be in a manner of discrimination or interference with the provision of education from educational institutions. section 41 a person and community shall have the right to: be informed and have access to public data or information in possession of a state agency as provided by law; present a petition to a state agency and be informed of the result of its consideration in due time; take legal action against a state agency as a result of an act or omission of a government official, official or employee of the state agency. section 42 a person shall enjoy the liberty to unite and form an association, co-operative, union, organisation, community, or any other group. the restriction of such liberty under paragraph one shall not be imposed except by virtue of a provision of law enacted for the purpose of protecting public interest, for maintaining public order or good morals, or for preventing or eliminating barriers or monopoly. section 43 a person and community shall have the right to: conserve, revive or promote wisdom, arts, culture, tradition and good customs at both local and national levels; manage, maintain and utilise natural resources, environment and biodiversity in a balanced and sustainable manner, in accordance with the procedures as provided by law; sign a joint petition to propose recommendations to a state agency to carry out any act which will benefit the people and community, or refrain from any act which will affect the peaceful living of the people or community, and be notified expeditiously of the result of the consideration thereof, provided that the state agency, in considering such recommendations, shall also permit the people relevant thereto to participate in the consideration process in accordance with the procedures as provided by law; establish community welfare system. the rights of a person and community under paragraph one shall also include the right to collaborate with a local administrative organisation or the state to carry out such act. section 44 a person shall enjoy the liberty to assemble peacefully and without arms. the restriction of such liberty under paragraph one shall not be imposed except by virtue of a provision of law enacted for the purpose of maintaining security of the state, public safety, public order or good morals, or for protecting the rights or liberties of other persons. section 45 a person shall enjoy the liberty to unite and form a political party under the democratic regime of government with the king as head of state, as provided by law. the law under paragraph one shall at least contain provisions relating to the administration of a political party which must be transparent and accountable, provide party members opportunities to widely participate in defining policies and nominating candidates for election, and prescribe measures to ensure that the administration be carried out independently and free from manipulation or inducement of any person who is not a member of such party, as well as oversight measures to prevent members of a political party from committing any act which violates or contravenes laws relating to election. section 46 the rights of a consumer shall be protected. a person shall have the right to unite and form a consumer organisation to protect and safeguard the rights of consumers. the consumer organisations under paragraph two have the right to unite and form an independent organisation to strengthen the protection and safeguarding of the rights of consumers with support from the state. in this regard, the rules and procedures for the formation thereof, the power to represent consumers and financial support from the state shall be as provided by law. section 47 a person shall have the right to receive public health services provided by the state. an indigent person shall have the right to receive public health services provided by the state free of charge as provided by law. a person shall have the right to the protection and eradication of harmful contagious diseases by the state free of charge as provided by law. section 48 the rights of a mother during the period prior to and after giving birth shall be protected and assisted as provided by law. a person who is over sixty years of age and has insufficient income for subsistence and an indigent person shall have the right to receive appropriate aids from the state as provided by law. section 49 no person shall exercise the rights or liberties to overthrow the democratic regime of government with the king as head of state. any person who has knowledge of an act under paragraph one shall have the right to petition to the attorney-general to request the constitutional court for ordering the cessation of such act. in the case where the attorney-general orders a refusal to proceed as petitioned or fails to proceed within fifteen days as from the date of receiving the petition, the person making the petition may submit the petition directly to the constitutional court. the action under this section shall not prejudice the criminal prosecution against the person committing an act under paragraph one. chapter iv. duties of the thai people section 50 a person shall have the following duties: to protect and uphold the nation, religions, the king and the democratic regime of government with the king as head of state; to defend the country, to protect and uphold honour and interests of the nation, and public domain of state, as well as to cooperate in preventing and mitigating disasters; to strictly observe the law; to enroll in compulsory education; to serve in armed forces as provided by law; to respect and not to violate the rights and liberties of other people and not to commit any act which may cause disharmony or hatred in society; to freely exercise his or her right to vote in an election or referendum, taking into account the common interests of the country as prime concerns; to cooperate and support the conservation and protection of the environment, natural resources, biodiversity, and cultural heritage; to pay taxes and duties as prescribed by law; not to participate in or support all forms of dishonest act and wrongful conduct. chapter v. duties of the state section 51 as regards any act provided by the constitution to be the duty of the state under this chapter, if the act is for the direct benefit of the people, the people and the community shall have the right to follow up and urge the state to perform such act, as well as to take legal proceedings against a relevant state agency to have it provide the people or community such benefit in accordance with the rules and procedures provided by law. section 52 the state shall protect and uphold the institution of kingship, independence, sovereignty, integrity of the territories and the areas over which thailand has the sovereignty rights, honour and interests of the nation, security of the state, and public order. for these purposes, the state shall provide efficient military, diplomatic, and intelligence services. armed forces shall also be deployed for the purpose of developing the country. section 53 the state shall ensure that the law is strictly observed and enforced. section 54 the state shall ensure that every child receives quality education for twelve years from pre-school to the completion of compulsory education free of charge. the state shall ensure that young children receive care and development prior to education under paragraph one to develop their physical body, mind, discipline, emotion, society and intelligence in accordance with their age, by also promoting and supporting local administrative organisations and the private sector to participate in such undertaking. the state shall undertake to provide the people education as needed in various systems including promoting a life-long learning, and to enable the cooperation among the state, local administrative organisations and private sector in providing every level of education which the state has the duty to carry out, supervise, promote and support the provision of education to be of quality and to meet international standards as provided by law on national education which shall, at least, contain provisions relating to national education plan, and implementation and inspection to ensure the compliance with the national education plan. all education shall aim to develop learners to be good, disciplined, proud in the nation, skillful in their own aptitudes and responsible for family, community, society and the country. in undertaking to provide young children to receive care and development under paragraph two or to provide people the education under paragraph three, the state shall undertake to provide persons with insufficient means with financial support for educational expenses in accordance with their aptitudes. a fund shall be established for the purpose of assisting persons with insufficient means, reducing the educational disparity and promoting and improving the quality and efficiency of teachers for which the state shall allocate budget to such fund or use taxation measures or mechanisms, including providing a tax reduction to persons who donate properties into the fund, as provided by the law; such law shall, at least, prescribe that the management of the fund shall be independent and the fund shall be disbursed to implement such purpose. section 55 the state shall ensure that the people receive efficient public health services universally, ensure that the public has the basic knowledge in relation to health promotion and disease prevention, and shall promote and support the development of wisdom on thai traditional medicine to maximise its benefits. the public health services under paragraph one shall cover health promotion, control and prevention of diseases, medical treatment and rehabilitation. the state shall continuously improve the standard and quality of public health services. section 56 the state shall undertake or ensure that the basic utility services which are essential for the subsistence of the people be provided in a comprehensive manner in accordance with sustainable development. in respect of the basic structure or network of basic public utility services of the state which are essential for the people’s subsistence or for security of the state, the state shall not conduct any act which renders the ownership to be under the private sector or the ownership of the state to be less than fifty one percent. in undertaking or ensuring the provision of the public utility services under paragraph one or paragraph two, the state shall ensure that the service fee shall not be collected to the extent that it imposes an unreasonable burden on the people. where the state allows the private sector to operate the business of public utility services in any manner, the state shall receive fair returns by taking into account the state investment, benefits which the state and private sector will gain, including service fee which will be collected from the people. section 57 the state shall: conserve, revive and promote local wisdom, arts, culture, traditions and good customs at both local and national levels, and provide a public area for the relevant activities including promoting and supporting the people, community and a local administrative organisation to exercise the rights and to participate in the undertaking; conserve, protect, maintain, restore, manage and use or arrange for utilisation of natural resources, environment and biodiversity in a balanced and sustainable manner, provided that the relevant local people and local community shall be allowed to participate in and obtain the benefit from such undertaking as provided by law. section 58 in regard to any undertaking by the state or that the state will permit any person to carry out, if such undertaking may severely affect the natural resources, environmental quality, health, sanitation, quality of life or any other essential interests of the people or community or environment, the state shall undertake to study and assess the impact on environmental quality and health of the people or community and shall arrange a public hearing of relevant stakeholders, people and communities in advance in order to take them into consideration for the implementation or granting of permission as provided by the law. a person and community shall have the rights to receive information, explanation and reasons from a state agency prior to the implementation or granting of permission under paragraph one. in the implementation or granting of permission under paragraph one, the state shall take precautions to minimise the impact on people, community, environment, and biodiversity and shall undertake to remedy the grievance or damage for the affected people or community in a fair manner without delay. section 59 the state shall disclose any public data or information in the possession of a state agency, which is not related to the security of the state or government confidentiality as provided by law, and shall ensure that the public can conveniently access such data or information. section 60 the state shall maintain the transmission frequencies and the right to access a satellite orbit, which are national treasuries, in order to utilize them for the benefit of the country and the people. the arrangement for utilisation of the transmission frequencies under paragraph one, regardless of whether it is for radio broadcasting, television broadcasting and telecommunications or for any other purposes, shall be for the greatest benefit of the people, security of the state, public interest as well as the participation of the people in the utilisation of transmission frequency, as provided by law. the state shall establish a state organisation which is independent in performing duties to be responsible and supervise the undertakings in relation to transmission frequencies under paragraph two. in this regard, such organisation shall ensure that there are measures to prevent against unfair consumer exploitation or imposition of unnecessary burden on consumers, to prevent the interference of transmission frequencies, as well as to prevent an act which results in obstructing the liberty of the people to know or preventing the people from knowing true and accurate data or information, and to prevent any person or any group of person from utilising the transmission frequencies without considering the rights of general public. this shall include the prescription of a minimum proportion to be undertaken, for public interest, by a person utilising the transmission frequencies as provided by law. section 61 the state shall provide efficient measures or mechanisms to protect and safeguard the rights of consumers in various aspects, which include, inter alia, knowledge of true information, safety, fair conclusion of contracts, or any other aspects which benefit consumers. section 62 the state shall strictly maintain its financial and fiscal discipline in order to ensure that the financial and fiscal status of the state is sustainably stable and secure in accordance with the law on financial and fiscal discipline of the state and shall establish a taxation system to ensure fairness in the society. the law on financial and fiscal discipline of the state shall, at least, contain, provisions relating to the framework of undertaking of public finance and budget of the state, formulation of fiscal discipline in respect of both budgetary and extra-budgetary income and expenditures, management of state properties and treasury reserves and public debt management. section 63 the state shall promote, support and provide knowledge to the people on the dangers resulting from dishonest acts and wrongful conducts in both public and private sectors, and shall provide efficient measures and mechanisms to rigorously prevent and eliminate such dishonest acts and wrongful conducts, including a mechanism to promote collective participation of the people in a campaign to provide knowledge, to counter corruption or to provide leads under the protection of the state as provided by law. chapter vi. directive principles of state policies section 64 the provisions in this chapter are directive principles for state legislation or determination of policy for the administration of state affairs. section 65 the state should set out a national strategy as a goal for sustainable development of the country under the principle of good governance to be used as a framework for formulating consistent and integrated plans in a congruous drive to achieve such goal. the formulation, determination of goals, prescription of time for achieving such goals and contents that should be in the national strategy shall be in accordance with the rules and procedures as provided by law. such law shall also contain provisions relating to people’s participation and public consultation throughout every sector. the national strategy shall come into force upon its publication in the government gazette. section 66 the state should promote an amicable relation with other countries by adopting the principle of equality in its treatment towards one another and not interfering in internal affairs of one another. the state should cooperate with international organisations and protect national interests and interests of the thai people in foreign countries. section 67 the state should support and protect buddhism and other religions. in supporting and protecting buddhism, which is the religion observed by the majority of thai people for a long period of time, the state should promote and support education and dissemination of dharmic principles of theravada buddhism for the development of mind and wisdom development, and shall have measures and mechanisms to prevent buddhism from being undermined in any form. the state should also encourage buddhists to participate in implementing such measures or mechanisms. section 68 the state should organise a management system of justice process in every aspect to ensure efficiency, fairness and non-discrimination and shall ensure that the people have access to justice process in a convenient and swift manner without delay and does not have to bear excessive expenses. the state should provide protective measures for state officials in justice process to enable them to strictly perform duties without any interference or manipulation. the state should provide necessary and appropriate legal aid to indigent persons or underprivileged persons to access justice process, including providing a lawyer thereto. section 69 the state should provide and promote research and development of various branches of science, technology and disciplines of arts to create knowledge, development and innovation to strengthen the society and to enhance the competence of people in the nation. section 70 the state should promote and provide protection for different ethnic groups to have the right to live in the society according to the traditional culture, custom, and ways of life on a voluntary basis, peacefully and without interference, insofar as it is not contrary to public order or good morals or does not endanger the security of the security, health or sanitation. section 71 the state should strengthen the family unit which is an important basic element of society, provide an appropriate accommodation, promote and develop the enhancement of health in order to enable people to have good health and strong mind, as well as promote and develop excellence in sports and to maximise the benefit for the people. the state should promote and develop human resources to be good citizens with higher quality and abilities. the state should provide assistance to children, youth, women, the elderly, persons with disabilities, indigent persons and underprivileged persons to be able to have a quality living, and shall protect such persons from violence or unfair treatment, as well as provide treatment, rehabilitation and remedies to such injured persons. in allocating the budget, the state shall take into account the different necessities and needs with respect to genders, ages and conditions of persons to ensure fairness. section 72 the state should take actions relating to land, water resources and energy as follows: to plan the country’s land use to be appropriate to the area conditions and potentials of the land in accordance with the principles of sustainable development; to undertake town planning at every level and to enforce such town planning efficiently, as well as to develop towns to prosper and meet the needs of the people in the area; to provide measures for distribution of landholding in order to thoroughly and fairly allow people to have land for making a living; to provide quality water resources which are sufficient for consumption by the people, including for agriculture, industry and other activities; to promote energy conservation and cost-effective use of energy, as well as to develop and support the production and use of alternative energy to enhance sustainable energy security. section 73 the state should provide measures or mechanisms to enable farmers to efficiently carry out agriculture which yields produce of high quantity and quality that is safe, low cost and competitive in the market, and should assist indigent farmers to have land for making a living through land reform or any other means. section 74 the state should promote abilities of the people to engage in work which is appropriate to their potentials and ages, and ensure that they have work to engage in. the state should protect labour to ensure safety and vocational hygiene, and receive income, welfare, social security and other benefits which are suitable for their living, and should provide for or promote savings for living after their working age. the state should provide a system of labour relations for all relevant parties to participate in. section 75 the state should organise an economic system which provides opportunities for the people to all together benefit from the economic growth in a comprehensive, fair and sustainable manner and to be self-reliant in accordance with the philosophy of sufficiency economy, should eliminate unfair economic monopoly, and should develop economic competitiveness of the people and the country. the state shall refrain from engagement in an enterprise in competition with the private sector, except in cases of necessity for the purpose of maintaining the security of the state, preserving common interests, providing public utilities or providing public services. the state shall promote, support, protect and stabilise the system of various types of co-operatives, and small and medium enterprises of the people and communities. in developing the country, the state should have due regard to the balance between the development of material and development of mind, as well as the well-being of the people. section 76 the state should develop a system of administration of state affairs of central, regional and local administrations, as well as other state affairs in accordance with the principles of good public governance, provided that state agencies shall cooperate with and assist each other in performing duties, with a view to maximising, for the benefit of the people, the efficiency of the administration of state affairs, provision of public services and expenditure of budget. the state should also develop state officials to have integrity and to have an attitude of serving the public in an expedient, expeditious and non-discriminatory manner as well as performing duties efficiently. the state should undertake to enact a law relating to personnel management of state agencies in accordance with the merit system, provided that such law must at least contain measures to prevent any person from exercising powers or acting wrongfully to intervene or interfere with the performance of duties or the procedure for appointment or consideration of the merits of state officials. the state should formulate ethical standards for state agencies to use as the basis for prescribing a code of ethics for state officials in that particular agency, which must not be lower than such ethical standards. section 77 the state should introduce laws only to the extent of necessity, and repeal or revise laws that are no longer necessary or unsuitable to the circumstances, or are obstacles to livelihoods or engagement in occupations, without delay, so as to abstain from the imposition of burdens upon the public. the state should also undertake to ensure that the public has convenient access to the laws and are able to understand the them easily in order to correctly comply with the laws. prior to the enactment of every law, the state should conduct consultation with stakeholders, analyse any impacts that may occur from the law thoroughly and systematically, and should also disclose the results of the consultation and analysis to the public, and take them into consideration at every stage of the legislative process. when the law has come into force, the state should undertake an evaluation of the outcomes of the law at every specified period of time, for which consultation with stakeholders shall be conducted, with a view to developing all laws to be suitable to and appropriate for the changing contexts. the state should employ a permit system and a committee system in a law only in cases of necessity, should prescribe rules for the exercise of discretion by state officials and a period of time for carrying out each step provided by the law in a clear manner, and should prescribe criminal penalties only for serious offences. section 78 the state should promote the correct knowledge and understanding of the public and communities regarding the democratic regime of government with the king as head of state, and their participation in various aspects of the development of the country, in the provision of public services at both national and local levels, in the scrutiny of the exercise of state power, in combating against dishonest acts and wrongful conducts, as well as in decision making in politics and in all other matters that may affect the public or communities. chapter vii. the national assembly part 1. general provisions section 79 the national assembly consists of the house of representatives and the senate. joint or separate sittings of the national assembly shall be in accordance with the provisions of the constitution. no person shall concurrently be a member of the house of representatives and a senator. section 80 the president of the house of representatives is president of the national assembly. the president of the senate is vice-president of the national assembly. in the case where there is no president of the house of representatives, or the president of the house of representatives is not present or is unable to perform his or her duties, the president of the senate shall act as president of the national assembly in his or her place. in the period where the president of the senate has to act as the president of the national assembly under paragraph two but there is no president of the senate, and where such a case occurs when there is no house of representatives, the vice-president of the senate shall act as the president of the national assembly. if there is no vice-president of the senate, the senator who is the oldest at the time shall act as the president of the national assembly, and the president of the senate shall expeditiously be elected. the president of the national assembly shall have the duties and powers in accordance with the constitution and shall conduct the proceedings of the national assembly at joint sittings in accordance with the rules of procedure. the president of the national assembly and the person who acts as president of the national assembly in his or her place shall be impartial in the performance of duties. the vice-president of the national assembly shall have the duties and powers in accordance with the constitution and as entrusted by the president of the national assembly. section 81 an organic law bill and a bill may be enacted as law only by and with the advice and consent of the national assembly. subject to section 145, after an organic law bill and a bill have been approved by the national assembly, the prime minister shall present it to the king for signature, and it shall come into force upon publication in the government gazette. section 82 members of the house of representatives or senators comprising not less than one-tenth of the total number of the existing members of each house have the right to lodge with the president of the house of which they are members a complaint asserting that the membership of any member of such house has terminated under section 101 (3), (5), (6), (7), (8), (9), (10) or (12) or section 111 (3), (4), (5) or (7), as the case may be, and the president of the house with whom the complaint is lodged shall refer it to the constitutional court for decision as to whether the membership of such member has terminated. upon receipt of the matter for consideration, if it appears that there are reasonable grounds to suspect that the case of the member against whom the complaint is lodged is founded, the constitutional court shall order such member to cease the performance of his or her duties until the constitutional court makes a decision. when the constitutional court has made a decision, it shall notify the president of the house to which the complaint is lodged under paragraph one of such decision. in the case where the constitutional court decides that the membership of the member against whom a complaint has been lodged is terminated, such person shall vacate office as from the date of cessation of the performance of duties, but this shall not affect any act done by such person prior to the vacation of his or her office. a member of the house of representatives or a senator who has ceased the performance of his or her duties under paragraph two shall not be counted as one of the total number of the existing members of the house of representatives or the senate. in the case where the election commission is of the opinion that the membership of any member of the house of representatives or any senator has terminated under paragraph one, it may also refer the matter to the constitutional court for decision under paragraph one. part 2. the house of representatives section 83 the house of representatives consists of five hundred members, as follows: three hundred and fifty members elected on a constituency basis; one hundred and fifty members from party lists of political parties. in the case where the office of a member of the house of representatives becomes vacant for any reason, and an election of a member of the house of representatives has not been held to fill the vacancy, or no declaration of name of a member of the house of representatives has been made to fill the vacancy, the house of representatives shall consist of the existing members of the house. in the case where there is any reason for the number of the members of the house of representatives by party list basis to be fewer than one hundred and fifty persons, the members of the house of representatives by party list basis shall consist of the existing members. section 84 in a general election where ninety-five per cent of the total number of members of the house of representatives have been elected, if it is necessary to convoke a sitting of the national assembly, it may be convoked, in which case it shall be deemed that the house of representatives consists of the existing members. however, actions shall be expeditiously taken to ensure that the number of members of the house of representatives under section 83 is met. in this case, such members of the house of representatives shall hold office only for the remaining term of the house of representatives. section 85 members of the house of representatives who are elected on a constituency basis shall be elected by direct suffrage and secret ballot. each constituency shall elect one member, and each person having a right to vote has the right to cast one vote in an election, where a vote may be cast in favour of any candidate for election, or no candidate at all. the candidate for election who receives the highest number of votes and has more votes than votes to elect no candidate shall be the elected member. the rules, procedures and conditions for the application to stand for election, the casting of votes, the counting of votes, the calculation of total votes, the announcement of the results of the election and other related matters shall be in accordance with the organic act on election of members of the house of representatives. such law may also require a candidate for election to submit evidence of payment of income tax for the application to stand for election. the election commission shall announce the results of the election after a preliminary examination has been made and there are reasonable grounds to believe that the result of the election is honest and just, and amounts to not less than ninety-five percent of all constituencies. the election commission shall make a preliminary examination and shall announce the result of the election expeditiously; the announcement shall be not later than sixty days from the date of election. such announcement of the result shall not prejudice the duties and powers of the election commission to investigate, deliberate or decide on a case where there are reasonable grounds to believe that wrongdoing has been committed in the election, or that the election was not honestly and justly conducted, whether or not the results of the election have been announced. section 86 the prescription of the number of members of the house of representatives which each changwat shall have, and the division of constituency shall be in accordance with the following procedure: the total number of inhabitants throughout the country as evidenced in the census last announced in the year prior to the year of election, averaged by the number of three hundred and fifty members of the house of representatives shall be deemed the number of inhabitants per one member; any changwat with inhabitants below the number of inhabitants per one member under (1) shall have one member of the house of representatives, and the area of that changwat shall be regarded as the constituency; any changwat with more inhabitants than the number of inhabitants per one member shall have one additional member of the house of representatives for every such number of inhabitants which represents the number of inhabitants per one member; upon obtaining the number of members of the house of representatives of each changwat under (2) and (3), if the number of members of the house of representatives is still fewer than three hundred and fifty, any changwat which has the largest fraction remaining from the calculation under (3) shall have one additional member of the house of representatives, and the addition of the members of the house of representatives in accordance with such procedure shall be made to other changwats in descending order of fractions remaining from the calculation under (3) until the number of three hundred and fifty is obtained; in a changwat where the number of members of the house of representatives is more than one, such changwat shall be divided into constituencies in the number equal to the number of members of the house of representatives as may be elected therein; in the division of constituencies, the boundary of each constituency shall be adjoining, and the number of inhabitants in each constituency must be closely apportioned. section 87 a candidate in an election of a member of the house of representatives on a constituency basis, must be a person nominated by a political party of which he or she is a member, and shall not stand for election in more than one constituency. once an application for candidacy has been submitted, a candidate for election or a political party may revoke the application for candidacy or change a candidate for election only in the case where the candidate for election dies or lacks the qualifications or is under the prohibitions. the revocation or change must be made prior to the end of the period for application for candidacy. section 88 in a general election, a political party sending a candidate for election shall notify the election commission of not more than three names of persons endorsed by resolution of the political party that would be proposed to the house of representatives for consideration and approval for appointment as prime minister prior to the end of the period for application for candidacy. the election commission shall announce the names of such persons to the public, and the provisions of section 87 paragraph two shall apply, mutatis mutandis. a political party may decide not to propose a list of names of persons under paragraph one. section 89 the proposal of the names of persons under section 88 shall be in accordance with the following rules: there shall be a letter of consent from the person whose name is proposed, having the details as prescribed by the election commission; the person whose name is proposed shall have the qualifications and not be under any of the prohibitions of being a minister under section 160, and has never issued a letter of consent under (1) to another political party in that election. where a proposal of the name of any person is not in accordance with paragraph one, it shall be deemed that no proposal of the name of that person has been made. section 90 any political party which sends a candidate for election on a constituency basis shall have the right to send a candidate for election on a party list basis. in sending a candidate for election on a party list basis, each political party shall prepare one list of candidates, in which candidates for election of each political party shall not be the same as others’ and not be the same as the names of candidates for election on a constituency basis. such list of candidates shall be submitted to the election commission prior to the end of the period for application for candidacy for election of members of the house of representatives on a constituency basis. in the preparation of a list of candidates under paragraph two, the members of the political party shall be allowed to participate in the deliberations, and regard shall be had to the candidates for election from different regions and equality between men and women. section 91 the calculation of the number of members of the house of representatives on a party list basis for each political party shall be made in accordance with the following rules: the total number of votes received throughout the country by all political parties sending candidates for election on party list basis from the election on a constituency basis shall be divided by the number of five hundred, which is the total number of members of the house of representatives; the result under (1) shall be used to divide the number of votes received throughout the country by each political party from all constituencies in the election on a constituency basis; the quotient shall be deemed the number of members of the house of representatives distributed to that political party; the number of members of the house of representatives distributed to the political party under (2) shall be subtracted by the total number of members of house of representatives attained by such political party on a constituency basis in all constituencies, the result of which shall be the number of members of the house of representatives on a party list basis allocated to the political party; if any political party has members of the house of representatives who have been elected on a constituency basis equal to or more than the number of members of the house of representatives distributed to that political party under (2), that political party shall have members of the house of representatives in accordance with the number of members of the house of representatives which have been elected on a constituency basis, and shall not be entitled to allocation of members of the house of representatives on a party list basis; the total number of members of the house of representatives on a party list basis shall be allocated proportionally among political parties having a number of members of the house of representatives on a constituency basis that is lower than the number of members of the house of representatives distributed to that political party under (2), provided that this shall not result in any political party having more members of the house of representatives than the number distributed to that political party under (2); when the number of members of the house of representatives on a party list basis of each political party is determined, the candidates for election named in the list of candidates in the numerical order specified in the list of candidates of that political party shall be elected as members of the house of representatives. in the case where any candidate for election dies after the date on which the application for election is closed, but prior to the time the poll is closed on the election date, the number of votes received shall also be used in the calculation under (1) and (2). the counting of votes, the rules and procedures for calculation, the calculation of proportion and the announcement of the results of the election shall be in accordance with the organic act on election of members of the house of representatives. section 92 in a constituency which does not have any candidate for election who has received more votes than the number of votes cast in favour of no candidate in that constituency, a new election shall be held, and the votes which each candidate for election has received shall not be used in the calculation under section 91. in this case, the election commission shall proceed to accept applications for candidacy for the new election, and all former candidates for election shall not have a right to reapply for candidacy in the new election which will be held. section 93 in a general election, if a new election on a constituency basis is required to be held for certain constituencies or polling stations prior to the announcement of the results of the election, or the election is not completed or the announcement of the results of the election is not completed in every constituency for any reason, the calculation of the number of members of the house of representatives distributed to each political party and the number of members of the house of representatives on a party list basis allocated to each political party shall be in accordance with the rules, procedures and conditions prescribed in the organic act on election of members of the house of representatives. in the case where the result of the calculation under paragraph one decreases the number of members of the house of representatives on a party list basis of any political party, the members of the house of representatives named last on a party list of such political party shall vacate office in ascending order. section 94 within one year after the date of the election that is a general election, if there must be a new election for a member of the house of representatives on a constituency basis due to the election in that constituency not having proceeded in an honest and just manner, the provisions of section 93 shall apply mutatis mutandis. the election of a member of the house of representatives to fill the vacancy for any reason after one year has lapsed as from the date of the general election shall not prejudice the calculation of the number of the members of the house of representatives distributed to each political party under section 91. section 95 a person having the following qualifications has the right to vote at an election: being of thai nationality, provided that a person who has acquired thai nationality by naturalisation must hold the thai nationality for not less than five years; being not less than eighteen years of age on the election day; having his or her name listed in the household register in the constituency for not less than ninety days up to the date of the election. a voter who resides outside the constituency in which his or her name appears in the household register, or whose name appears in the household register in the constituency for a period of less than ninety days up to the date of the election, or who has a residence outside of the kingdom may register to vote outside the constituency at the place, and according to the date, time, procedures and conditions prescribed by the organic act on the election of the members of the house of representatives. a voter who fails to vote without notification of a reasonable cause under the organic act on the election of members of the house of representatives may be subject to a restriction of certain rights as provided by law. section 96 a person under any of the following prohibitions on the election day shall be the person who is prohibited from exercising the right to vote: being a buddhist monk, buddhist novice, ascetic or priest; being under revocation of the right to vote, whether or not such case is final; being detained by a warrant of the court or by a lawful order; being of unsound mind or of mental infirmity. section 97 a person having the following qualifications has the right to stand for an election of members of the house of representatives: being of thai nationality by birth; being not less than twenty-five years of age up to the date of the election; being a member of any and only one political party for a consecutive period of not less than ninety days up to the date of the election; however, in the case where the general election is conducted due to the dissolution of the house of representatives, the period of ninety days shall be reduced to thirty days; a candidate in an election on a constituency basis shall also have any one of the following qualifications: having his or her name appear in the household register in the changwat where he or she stands for election for a consecutive period of not less than five years up to the date of applying for candidacy; being born in the changwat where he or she stands for election; having studied in an educational institution situated in the changwat where he or she stands for election for a consecutive period of not less than five academic years; having served in the official service or performed duties in a state agency, or having had his or her name appear in the household register in the changwat where he or she stands for election, as the case may be, for a consecutive period of not less than five years. section 98 a person under any of the following prohibitions shall be the person who is prohibited from exercising the right to stand for election in an election of members of the house of representatives: being addicted to narcotics; being bankrupt or having been dishonestly bankrupt; being the owner of, or a shareholder in any newspaper or mass media business; being a person under the prohibitions from exercising his or her right to vote under section 96 (1), (2) or (4); being under temporary suspension of the right to stand for election, or being a person whose right to stand for election has been revoked; being sentenced by a judgement to imprisonment and imprisoned by a warrant of the court; having been discharged for a period of less than ten years up to the date of election after being imprisoned except for an offence committed through negligence or a petty offence; having been dismissed from official service, a state agency or a state enterprise on the grounds of dishonest performance of duties or being deemed as having committed dishonest acts or wrongful conducts in the official service; having been ordered by a final judgement or order of the court that his or her assets shall vest in the state on the grounds of unusual wealth, or having been sentenced by a final judgement to imprisonment on the grounds of committing an offence under the law on prevention and suppression of corruption; having been convicted by a final judgement for committing: a malfeasance in public office or in judicial office; an offence under the law on wrongdoings of officials in a state organisation or agency; an offence against property committed in bad faith under the penal code; an offence under the law on the borrowing of money amounting to public fraud; an offence of being a producer, importer, exporter or seller under the law on narcotics; an offence of being a banker or a proprietor under the law on gambling; an offence under the law on the prevention and suppression of human trafficking; or an offence of money laundering the law on the prevention and suppression of money laundering; having been sentenced by a final judgement for committing a dishonest act in an election; being a government official holding a permanent position or receiving permanent salary except a political official; being a member of a local assembly or a local administrator; being a senator or having been a senator whose membership has terminated for less than two years; being an official or an employee of a government agency, state agency, or state enterprise or other state official; being a judge of the constitutional court, or holding a position in an independent organ; being currently under the prohibition from holding a political position; having been removed from office on the grounds under section 144 or section 235 paragraph three. section 99 the term of the house of representatives is four years from the election day. during the term of the house of representatives, there shall be no mergers of political parties having members as members of the house of representatives. section 100 membership of the house of representatives commences on the election day. section 101 membership of the house of representatives terminates upon: expiration of the term or dissolution of the house of representatives; death; resignation; vacation of office under section 93; being disqualified under section 97; being under any prohibition under section 98; acting in contravention of any prohibition under section 184 or section 185; resignation from membership of his or her political party; having his or her membership of a political party terminated by a resolution of such political party with votes of not less than three-fourths of the joint meeting of the executive committee of that political party and members of the house of representatives affiliated with such political party; in this case, if such member of the house of representatives does not become a member of another political party within thirty days as of the day the resolution is passed by the political party, it shall be deemed that membership is terminated as from the date on which such period of thirty days has lapsed; loss of membership of the political party; however, in the case where the loss of membership of a political party is caused by an order to dissolve the political party to which such a member of the house of representatives is a member, and such member of the house of representatives is unable to become a member of another political party within sixty days as from the date the order to dissolve to political party is passed, it shall be deemed that his or her membership is terminated as from the day following the date on which such period of sixty days has lapsed; being vacated from office on the grounds under section 144 or section 235 paragraph three; having been absent for more than one-fourth of the number of days in a session lasting not less than one hundred and twenty days without permission of the president of the house of representatives; being sentenced by a final judgement to imprisonment notwithstanding the suspension of sentence, except for an offence committed through negligence, a petty offence or a defamation offence. section 102 upon the expiration of the term of the house of representatives, the king will issue a royal decree calling for a general election of the members of the house of representatives within forty-five days as from the date of expiration of the term of the house of representatives. the election under paragraph one shall be on the same day throughout the kingdom as specified by notification of the election commission in the government gazette. section 103 the king has the royal prerogative to dissolve the house of representatives for a new general election of members of the house of representatives. the dissolution of the house of representatives shall be made in the form of a royal decree and shall be made only once under the same event. within five days from the date the royal decree under paragraph one comes into force, the election commission shall specify, by notification, the date of a general election in the government gazette, which must be no earlier than forty-five days but no later than sixty days from the date such royal decree comes into force. such election date shall be the same throughout the kingdom. section 104 in the case where there is an unavoidable necessity constituting a cause for an inability to hold an election from taking place on the date specified by notification by the election commission under section 102 or section 103, the election commission may specify a new date for election, provided that the election must be held within thirty days as from the date such necessity ends. however, for the purpose of the calculation of the term under section 95 (2) and section 97 (2), the date shall be counted up to the election date prescribed by section 102 or section 103, as the case may be. section 105 when an office of a member of the house of representatives becomes vacant for any reason other than the expiration of term or the dissolution of the house of representatives, the following proceedings shall be taken: in the case where the vacancy is that of an office of a member of the house of representatives elected from an election on a constituency basis, a royal decree shall be issued for holding an election of a member of the house of representatives to fill the vacancy, unless the remainder of the term of the house of representatives is less than one hundred and eighty days, and the provisions of section 102 shall apply mutatis mutandis; in the case where the vacancy is that of the office of a member of the house of representatives on a party list basis, the president of the house of representatives shall, by publication in the government gazette within seven days as from the date of the vacancy, elevate the person whose name in the list of that political party is placed in the next order to become member of the house of representatives; if there is no person remaining in the list to be elevated to fill the vacancy, the members of the house of representatives on a party list basis shall consist of the existing members. membership of the replacing member of the house of representatives under (1) shall commence as from the day on which the election to fill the vacancy is held, while membership of the replacing member of the house of representatives under (2) shall commence as from the day following the date of the publication of the name of the replacing member in the government gazette. the replacing member may serve only the remainder of the term of the house of representatives. the calculation of the proportion of votes of a political party for a member of the house of representatives on a party list basis when an election to fill a vacancy is held shall be in accordance with section 94. section 106 after the council of ministers has assumed the administration of state affairs, the king will appoint as the leader of the opposition in the house of representatives the member of the house of representatives who is the leader of a political party in the house of representatives with the largest number of members with no members holding the office of minister, president of the house of representatives, or the vice-president of the house of representatives. in the case where political parties under paragraph one have an equal number of members, the matter shall be decided by drawing lots. the president of the house of representatives shall countersign the royal command appointing the leader of the opposition in the house of representatives. the leader of the opposition in the house of representatives shall vacate office upon being disqualified under paragraph one, or where a case under section 118 (1), (2), (3) or (4) arises. in such case, the king will appoint a new leader of the opposition in the house of representatives to fill the vacancy. part 3. the senate section 107 the senate consists of two hundred members installed from a selection by and among persons having the knowledge, expertise, experience, profession, or characteristics or common interests or working or having worked in varied areas of the society. the division of groups shall be made in a way which enables every person having the right to apply for selection to belong to any one group. the division of groups, number of groups, and qualifications of a person in each group, the application and acceptance of application, the rules and procedures for selection among themselves, the acceptance of the selection, the number of senators selected from each group, the listing of reserve candidates, the elevation of persons from the reserve list to fill the vacancy, and any other measures necessary to enable the selection among themselves to proceed honestly and justly, shall be in accordance with the organic act on installation of senators. for the purpose of enabling such selection to proceed honestly and justly, it may be prescribed that a candidate from each group shall be prohibited from selecting another candidate from the same group, or that candidates for selection are screened by any other mean in which the candidates may participate. the undertakings under paragraph two shall be carried out from the level of an amphoe, and the level of a changwat, to the national level, so that a senator is a representative of the thai people at the national level. in the case where the number of senators under paragraph one is not met, whether this results from a vacancy of office or any other cause other than the expiration of term of the senate, and where no list of reserves remains, the senate shall consist of the remaining senators. however, in the case where the number of senators remaining is less than one-half of the total number of senators and the remaining term of the senate is more than one year, a selection of senators to fill the vacancy shall be carried out within sixty days as from the date the number of senators remaining is less than one-half. in this case, such selected person shall hold office only for the remaining term of the senate. the selection of senators shall be made in the form of a royal decree, and within five days from the date the royal decree comes into force, the election commission shall prescribe the date of commencement of the selection which shall be no later than thirty days as from the date such royal decree comes into force. such prescription shall be published in the government gazette, and the provisions of section 104 shall apply mutatis mutandis. section 108 a senator shall have the qualifications and not be under any of the prohibitions as follows: qualifications: being of thai nationality by birth; being not less than forty years of age on the date of application for selection; having knowledge, expertise and experience, or having worked for not less than ten years in the field for which he or she applies, or having the qualifications under the rules and conditions prescribed in the organic act on installation of senators; being born, having his or her name listed in the household register, having worked or having a connection to the area in which he or she applies for selection in accordance with the rules and conditions prescribed in the organic act on installation of senators; prohibitions: being a person prohibited from exercising the right to stand for election under section 98 (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (15), (16), (17) or (18); being a government official; being or having been a member of the house of representatives, except for a person who has vacated office as a member of the house of representatives for a period of not less than five years up to the date of application for selection; being a member of a political party; being or having been a person holding any position in a political party, except for a person who has vacated the position in a political party for a period of not less than five years up to the date of application for selection; being or having been a minister, except for a person who has vacated office for a period of not less than five years up to the date of application for selection; being or having been a member of a local assembly or a local administrator, except for a person who has vacated office as a member of a local assembly or a local administrator for a period of not less than five years up to the date of application for selection; being an ascendant, spouse or child of a member of the house of representatives, a senator, a political official, a member of a local assembly or a local administrator, a candidate for selection to become a senator for the same session, or a person holding office in the constitutional court or in an independent organ; having held office as a senator under this constitution. section 109 the term of the senate is five years from the date the result of the selection is announced. membership of the senate commences on the date on which the election commission announces the result of the selection. upon expiration of the term of the senate, the senators shall remain in office to perform duties until there are new senators. section 110 upon expiration of the term of the senate, there shall be a selection of new senators under section 107 paragraph five. section 111 membership of the senate terminates upon: expiration of the term of the senate; death; resignation; being disqualified or being under any of the prohibitions under section 108; having been absent for more than one-fourth of the number of days in a session the length of which is not less than one hundred and twenty days without permission of the president of the senate; being sentenced by a final judgment to imprisonment, notwithstanding the suspension of the sentence, except for an offence committed through negligence, a petty offence or a defamation offence; committing an act which is in contravention with section 113, or an act which is prohibited under section 184 or section 185; vacating office on the grounds under section 144 or section 235 paragraph three. section 112 a person who has held office as a senator and whose membership has terminated for a period of not more than two years shall not be a minister or a person holding a political position, except for being a member of a local assembly or a local administrator. section 113 a senator shall not align with or yield to the mandate of any political party. part 4. provisions applicable to both houses section 114 members of the house of representatives and senators are representatives of the thai people and free from any mandate, commitment, or control. they shall perform duties honestly for the common interest of the nation and the happiness of thai people as a whole, without conflict of interest. section 115 before taking office, a member of the house of representatives and a senator shall make a solemn declaration at a sitting of the house of which he or she is a member in the following words: “i, (name of the declarer), do solemnly declare that i will perform my duties in accordance with the honest dictates of my conscience for the common interest of the thai people. i will also uphold and observe the constitution of the kingdom of thailand in every respect.” section 116 the house of representatives and the senate shall each have one president and one or two vice-presidents who are appointed by the king from members of such house in accordance with its resolution. while in office, the president and the vice-presidents of the house of representatives shall not concurrently be members of the executive committee of a political party or hold any position in a political party. section 117 the president and the vice-presidents of the house of representatives hold office until the expiration of their term or the dissolution of the house of representatives. the president and the vice-presidents of the senate hold office until the date of expiration of the term of the senate, except for the period under section 109 paragraph three where the president and the vice-presidents of the senate shall remain in office to perform duties. section 118 the president and the vice-presidents of the house of representatives and the president and the vice-presidents of the senate vacate office before the expiration of the term of office under section 117 upon: loss of membership of the house of which he or she is a member; resignation; holding the position of prime minister, minister or other political official; being sentenced by a judgment to imprisonment, notwithstanding the non-finality or the suspension of sentence, except for an offence committed through negligence, a petty offence or a defamation offence. section 119 the president of the house of representatives and the president of the senate have the duties and powers to carry out the business of each house in accordance with its rules of procedure. the vice-presidents have the duties and powers as entrusted by the president, and perform duties on behalf of the president when the president is not present or unable to perform his or her duties. the president of the house of representatives, the president of the senate and the persons who act on behalf of the president shall be impartial in the performance of duties. when the president and vice-presidents of the house of representatives or the president and the vice-presidents of the senate are not present at any sitting, the members of each house shall elect one among themselves to preside over such sitting. section 120 at a sitting of the house of representatives or the senate, the presence of not less than one-half of the total number of existing members of each house is required to constitute a quorum, except in cases of considering the agenda on interpellation, where the house of representatives or the senate may otherwise prescribe a quorum in the rules of procedure. a resolution on any consultation issue shall be made by a majority of votes, unless it is otherwise provided in this constitution. in casting a vote, each member has one vote. in case of an equality of votes, the presiding member shall have an additional vote as a casting vote. the minutes of sittings and records of each member’s voting shall be disclosed to the general public, except for the case of a sitting in camera or voting by secret ballot. the casting of votes to elect or give approval to a person for holding office shall be made by secret ballot, unless it is otherwise provided in this constitution. section 121 within fifteen days as from the announcement date of the result of the election of members of the house of representatives which is a general election, the national assembly shall be convoked for the first sitting of its members. each year, there shall be two ordinary sessions of the national assembly. each of them shall last one hundred and twenty days but the king may prolong this time period. an ordinary session may be prorogued before the end of one hundred and twenty days only with the approval of the national assembly. the day on which the first sitting under paragraph one is held shall be considered as the commencement date of the first annual ordinary session, and the commencement date of the second annual ordinary session shall be fixed by the house of representatives. however, in the case where the period of time from the first sitting under paragraph one to the end of the calendar year is insufficient to hold the second annual ordinary session, the second annual ordinary session may be omitted in that year. section 122 the king convokes the national assembly, opens and prorogues its session. the king may be present to perform the opening state ceremony of the first annual ordinary session or may command the heir to the throne who is sui juris or any person to perform the ceremony as his representative. when it is necessary for the interests of the state, the king may convoke an extraordinary session of the national assembly. subject to section 123 and section 126, the convocation, the prolongation and the prorogation of the session of the national assembly shall be made by a royal decree. section 123 members of both houses or members of the house of representatives comprising not less than one-third of the total number of existing members of both houses have the right to lodge with the president of the national assembly their petition to report to the king for the issuance of a royal command convoking an extraordinary session of the national assembly. the president of the national assembly shall report to the king and countersign the royal command. section 124 at a sitting of the house of representatives or the senate or at a joint sitting of the national assembly, words expressed in giving statements of fact or opinions or in casting the votes by any member are absolutely privileged. no charge or action in any manner whatsoever shall be brought against such member. the privilege under paragraph one does not extend to a member who expresses words at a sitting which is broadcast through radio or television or any other mean if such words appear out of the precinct of the national assembly and the expression of such words constitutes a criminal offence or a wrongful act against any other person who is not a minister or member of that house. in the case of paragraph two, if the words expressed by the member cause damage to another person who is not a minister or member of that house, the president of that house shall cause explanations to be published as requested by that person in accordance with procedures and within such period of time prescribed in the rules of procedure of that house, without prejudice to the right of such person to bring the case before the court. the privilege provided in this section extends to printers and publishers of the minutes of sittings in accordance with the rules of procedure of the house of representatives, the senate or the national assembly, as the case may be, and to persons permitted by the presiding member to give statements of fact or opinions at such sitting as well as to persons who broadcasts the sitting through radio or television or any other mean with the permission of the president of the such house mutatis mutandis. section 125 during a session, no member of the house of representatives or senator shall be arrested, detained or summoned by a warrant for inquiry as a suspect in a criminal case unless permission of the house of which he or she is a member is obtained or he or she is arrested in flagrante delicto. in the case where a member of the house of representatives or a senator has been arrested in flagrante delicto, a report shall forthwith be submitted to the president of the house of which he or she is a member, and, for the benefit of a sitting, such president may order the release of the person so arrested in order to attend the sitting. if a member of the house of representatives or a senator is detained during inquiry or trial before the beginning of a session, when the session begins, the inquiry officer or the court, as the case may be, must order his or her release as soon as the president of the house of which he or she is a member has so requested. in this regard, the court may order their release on bail or on bail and bond. in the case where a criminal charge is brought against a member of the house or representatives or a senator, whether the house is in session or not, the court may try the case during the session, provided that the trial shall not hinder such member from attending the sitting of the house. section 126 in the absence of the house of representatives whether due to the expiration of its term, its dissolution, or on any other grounds, the senate shall not hold its sitting except in the following cases: where the national assembly shall act under section 17, section 19, section 20, section 21, or section 177; where the senate shall hold a sitting to consider the appointment of a person to hold any office under the provisions of this constitution. where a case under paragraph one occurs, the senate is permitted to hold a sitting. the president of the senate shall report to the king for the issuance of a royal command convoking an extraordinary session of the national assembly, and the president of the senate shall countersign the royal command. in the case of (1), the senate shall act as the national assembly, provided that the votes for the approval under section 177 shall be of not less than two-thirds of the total number of existing senators. section 127 a sitting of the house of representatives and of the senate and a joint sitting of the national assembly shall be public as prescribed by the rules of procedure of each house. however, the council of ministers or members comprising not less than one fourth of the total number of existing members of each house or of both houses, as the case may be, may request for a meeting in camera. section 128 the house of representatives and the senate have the power to enact rules of procedure governing the election and performance of duties of the president, vice-presidents, matters or activities which are within the duties and powers of each standing committee, performance and quorum of committees, sittings, submission and consideration of organic law bills and bills, submission of motions, consultation, debate, passing of a resolution, recording and disclosure of the passing of a resolution, interpellation, general debate, observation of the rules and orders and other relevant matters, as well as the power to enact rules of procedure regarding the code of ethics of members and committee members and other matters for the implementation of the constitution. the rules of procedure under paragraph one in the part concerning the appointment of an ad hoc committee for the consideration of bills the substance of which is decided by the president of the house of representatives to concern with children, youths, women, the elderly, the disabled or handicapped, shall stipulate that such ad hoc committee consists of the said types of persons or representatives from private organisations concerned directly with the respective types of persons, of at least one-third of the total number of the ad hoc committee members. section 129 the house of representatives and the senate have the power to select and appoint members of each house to constitute a standing committee and have the power to select and appoint persons, being or not being its members, to constitute an ad hoc committee or a joint committee under section 137 in order to perform any act, inquire into facts or study any matter and report its findings to the house in the period of time as prescribed by the house. the performance of any act, the inquiry into facts or study of any matter under paragraph one shall be within the duties and powers of the house. the duties and powers specified upon the appointment of the committees and the acts of the committees shall not be in repetition or duplication. in the case where the performance of acts, inquiries into facts or studies of any matter are connected, it shall be the duty of the president of the house to direct all relevant committees to perform such tasks together. no committee may authorise or entrust a person or a group of persons to inquire into facts on its behalf. the committee under paragraph one has the power to demand documents from any person or summon any person to give statements of fact or opinions on the act or the matter under its inquiry or study. such demand or summons is not applicable to a judge performing duties or exercising powers in the trial of a case or to the personnel management of each court or to a person holding an office in an independent organ in the direct performance of duties and powers for each organ under the constitution or the organic acts, as the case may be. the minister who is responsible for the matter of inquiry or study of the committee shall have duty to instruct a state official under his or her supervision or control to provide facts, submit documents or give opinions as summoned by the committee. the house of representatives and the senate shall disclose to the public its minutes of sittings, or committees’ reports on the act, findings or study, as the case may be, except in the case where the house of representatives or the senate, as the case may be, passes a resolution prohibiting disclosure. the privileges provided in section 124 shall also extend to persons performing duties and complying with the summons under this section. the number of members of a standing committee appointed solely from members of the house of representatives shall be in proportion to or in close proportion to the number of members of the house of representatives of each existing political party in the house of representatives. in the absence of the rules of procedure of the house of representatives under section 128, the president of the house of representatives shall determine the proportion under paragraph eight. section 130 there shall be the following organic acts: organic act on election of members of the house of representatives; organic act on installation of senators; organic act on election commission; organic act on political parties; organic act on ombudsmen; organic act on prevention and suppression of corruption; organic act on state audit; organic act on procedures of the constitutional court; organic act on criminal procedure for persons holding political positions; organic act on human rights commission. section 131 an organic law bill may be introduced only by: the council of ministers upon the recommendation of the supreme court, the constitutional court or a relevant independent organ; members of the house of representatives comprising not less than one tenth of the total number of existing members of the house of representatives. section 132 unless stipulated as follows, an organic law bill shall be enacted in the same manner as an act: an organic law bill shall be introduced to the national assembly, and the national assembly shall hold a joint sitting for consideration of such organic law bill, which shall be completed within one hundred and eighty days. in voting in the third reading, votes for approval of the organic law bill shall be more than one-half of the total number of existing members of the national assembly. if the joint sitting of the national assembly has not completed its consideration within the prescribed period of time, it shall be deemed that the national assembly approves the organic law bill as introduced under section 131; within fifteen days as from the date of its approval of the organic law bill, the national assembly shall refer such organic law bill to the supreme court, the constitutional court, or relevant independent organ for opinions. in the case where the supreme court, the constitutional court, or the relevant independent organ has no objection within ten days as from the date of receipt of such bill, the national assembly shall take further proceedings; in the case where the supreme court, the constitutional court or the relevant independent organ is of the opinion that provisions of the organic law bill approved by the national assembly are contrary to or inconsistent with the constitution or result in an inability to duly comply with the provisions of the constitution, such opinion shall be referred to the national assembly, and a joint sitting of the national assembly shall be held for consideration of such opinion, which shall be completed within thirty days as from the date of receipt of such opinion. in this regard, the national assembly shall have the power to amend the said organic law bill according to the recommendation of the supreme court, the constitutional court or the relevant independent organ as it deems appropriate. upon completion, the national assembly shall take further proceedings. section 133 a bill shall be first submitted to the house of representatives and may be introduced only by the followings: council of ministers; members of the house of representatives of not fewer than twenty in number; persons having the right to vote of not less than ten thousand in number who submit a petition to introduce a bill under chapter iii rights and liberties of the thai people or chapter v duties of the state and in accordance with the law on the public submission of a bill. if a bill introduced by persons under (2) or (3) is a money bill, it may be introduced only with the endorsement of the prime minister. section 134 a money bill means a bill with provisions dealing with any of the following matters: the imposition, repeal, reduction, alteration, modification, remission, or regulation of taxes or duties; the allocation, receipt, custody, or payment of state funds, or transfer of expenditure estimates of the state; the raising of loans, guarantee, redemption of loans, or any act binding state properties; currency. in case of doubt as to whether a bill is a money bill, it shall be the power of a joint sitting of the president of the house of representatives and presidents of all its standing committees to make a decision thereon. the president of the house of representatives shall hold a joint sitting to consider the case under paragraph two within fifteen days as from the date such case occurs. the resolution of the joint sitting under paragraph two shall be decided by a majority of votes. in cases of an equality of votes, the president of the house of representatives shall have an additional vote as a casting vote. section 135 for any bill introduced by members of the house of representatives or persons having the right to vote which, at the stage of the adoption of its principle, was not a money bill but was then amended by the house of representatives and, in the opinion of the president of the house or at the objection of the members of the house of representatives made to him or her, such amendment has rendered it to exhibit the characteristic of a money bill, the president of the house of representatives shall order the suspension of its consideration for further proceedings under section 134 paragraph two, paragraph three and paragraph four. if the joint sitting under paragraph one decides that the amendment resulted in such bill exhibiting the characteristic of a money bill, the president of the house of representatives shall refer it to the prime minister for endorsement. in the case where the prime minister does not endorse it, the house of representatives shall amend it so as to prevent it from being a money bill. section 136 when the house of representatives has considered a bill and resolved to approve it, the house of representatives shall submit such bill to the senate. the senate must complete the consideration of such bill within sixty days. if it is a money bill, the consideration thereof must be completed within thirty days, provided that the senate may, as a special case, resolve to extend the period for not more than thirty days. the said period shall mean the period during a session and shall be counted as from the day on which such bill reaches the senate. the time period referred to in paragraph one shall not include the time period during which the bill is under the consideration of the constitutional court under section 139. if the senate has not completed its consideration of the bill within the time period referred to in paragraph one, it shall be deemed that the senate has approved it. in the case where the house of representatives submits a money bill to the senate, the president of the house of representatives shall also advise the senate that the bill so submitted is a money bill. the advice of the president of the house of representatives shall be deemed final. in the case where the president of the house of representatives does not advise the senate that the bill is a money bill, such bill shall not be deemed a money bill. section 137 after the senate has completed the consideration of a bill, if it agrees with the house of representatives, further proceedings under section 81 shall be taken; if it disagrees with the house of representatives, such bill shall be withheld and returned to the house of representatives; if there is an amendment, the amended bill shall be returned to the house of representatives. if the house of representatives approves such amendment, further proceedings under section 81 shall be taken. in other cases, each house shall appoint persons, being or not being its members, in such an equal number as may be fixed by the house of representatives, to constitute a joint committee for considering the bill, and the joint committee shall prepare a report thereon and submit that bill which it has already considered to both houses. if both houses approve the bill already considered by the joint committee, further proceedings under section 81 shall be taken. if either house disapproves it, whether or not the other house has considered it, the bill shall be withheld. at a meeting of the joint committee, the presence of the members of the joint committee appointed by both houses of not less than one-half of the total number of its members is required to constitute a quorum, and the provisions of section 157 shall apply mutatis mutandis. if the senate does not return the bill to the house of representatives within the period under section 136, it shall be deemed that the senate approves such bill and further proceedings under section 81 shall be taken. section 138 a bill withheld under section 137 may be reconsidered by the house of representatives only after the lapse of one hundred and eighty days as from the following dates: the date the bill is returned to the house of representatives by the senate in case of withholding under section 137 (2); the date either house disapproves the bill in case of withholding under section 137 (3). in cases under paragraph one, if the house of representatives resolves to reaffirm the bill considered by the house of representatives or the bill considered by the joint committee by the votes of more than one-half of the total number of the existing members of the house of representatives, such bill shall be deemed to have been approved by the national assembly and further proceedings under section 81 shall be taken. subject to section 143 paragraph four, if the bill withheld is a money bill, the period of one hundred and eighty days under paragraph one shall be decreased to ten days. section 139 while a bill is being withheld under section 137, the council of ministers or members of the house of representatives may not introduce a bill having the same or similar principle as that of the bill so withheld. in the case where the house of representatives or the senate is of the opinion that the bill so introduced or referred to for consideration has the same or similar principle as that of the bill being withheld, the president of the house of representatives or the president of the senate shall refer such bill to the constitutional court for decision. if the constitutional court decides that it is a bill having the same or similar principle as that of the bill so withheld, such bill shall lapse. section 140 the payment of state funds shall be made only by the authority of the law on appropriations, the law on budgetary procedure, the law on transfer of appropriations, the law on treasury reserves or the law on financial and fiscal discipline of the state, except that it may be advanced in the case of urgent necessity under the rules and procedure prescribed by law. in such case, the expenditure estimates for reimbursement must be set aside in the transfer of appropriations act, the supplementary appropriations act, or the annual appropriations act for the following fiscal year. section 141 the expenditure estimates of the state shall be made in the form of an act. if the annual appropriations act for the following fiscal year is not enacted in time, the law on annual appropriations for the preceding fiscal year shall apply for the time being. the state shall allocate adequate budgets for the independent performance of duties of the national assembly, the courts, the independent organs and the state attorney organ in accordance with the rules prescribed by the law on financial and fiscal discipline of the state. in the case where the national assembly, the court, the independent organ or the state attorney organ is of the opinion that the allocated budgets may not be adequate for the performance of its duties, it may directly submit a motion to the committee. section 142 the introduction of an annual appropriations bill must show the sources of revenues and estimated revenues, expected outcome or output from payments, and conformity with the national strategy and development plans, in accordance with rules prescribed in the law on financial and fiscal discipline of the state. section 143 the house of representatives must complete the consideration of an annual appropriations bill, supplementary appropriations bill and transfer of appropriation bill within one hundred and five days as from the date the bill reaches the house of representatives. if the house of representatives does not complete the consideration of the bill within the time period referred to in paragraph one, such bill shall be deemed to have been approved by the house of representatives and shall be submitted to the senate for consideration. in the consideration by the senate, the senate must approve or disapprove it without any amendment within twenty days as from the date the bill reaches the senate. upon the lapse of such time period, such bill shall be deemed to have been approved by the senate; in such case and in the case where the senate approves it, further proceedings under section 81 shall be taken. if the senate disapproves the bill, the provisions of section 138 paragraph two shall apply mutatis mutandis. in this regard, the house of representatives shall forthwith reconsider the bill. the time period referred to in paragraph one and paragraph three shall not include the time period for consideration by the constitutional court under section 144 paragraph three. section 144 in the consideration of an annual appropriations bill, supplementary appropriations bill, and transfer of appropriations bill, a member of the house of representatives shall not submit a motion altering or adding any item or amount in an item to the bill, but may submit a motion reducing or abridging the expenditures which are not expenditures according to any of the following obligations: money for payment of the principal of a loan; interest on a loan; money payable in accordance with the law. in consideration by the house of representatives, the senate or a committee, any proposal, submission of a motion or commission of any act, which results in direct or indirect involvement by members of the house of representatives, senators or members of a committee in the use of the appropriations, shall not be permitted. in the case where members of the house of representatives or senators comprising not less than one-tenth of the total number of existing members of each house are of the opinion that a violation of the provisions of paragraph two has occurred, they shall refer the opinion to the constitutional court for decision, and the constitutional court shall complete the decision within fifteen days as from the date of receipt of such opinion. in the case where the constitutional court decides that a violation of the provisions of paragraph two has occurred, such proposal, submission of motion, or commission of the act shall be ineffective. if the person who commits such violation is a member of the house of representatives or a senator, his or her membership shall be terminated as from the date the constitutional court renders the decision. the right of such person to stand for election shall also be revoked. in the case where the council of ministers commits or approves the commission of such action, or is aware of the action but fails to order its cessation, the council of ministers shall vacate office en masse as from the date the constitutional court renders the decision, and the right to stand for election of the ministers whose offices are vacated shall also be revoked unless he or she can prove that he or she was not present in the meeting at the time of passing the resolution. the person who commits the violation shall be liable for restitution with interest. in regard to any state official who operates a project or authorises or allocates budget with the knowledge that a violation of the provisions of paragraph one or paragraph two is committed, if he or she has recorded his or her objection in writing or has informed the national anti-corruption commission in writing, he or she shall be exempted from any liability. a claim for restitution under paragraph three and paragraph four may be made within twenty years as from the date the budget is allocated. in the case where the national anti-corruption commission is informed according to paragraph four, it shall forthwith conduct a secret investigation. if it is of the opinion that there is a prima facie case, an opinion shall be submitted to the constitutional court for further proceedings under paragraph three. in any case whatsoever, the national anti-corruption commission, the constitutional court or any other person shall not disclose information about the informant. section 145 the prime minister shall hold a bill already approved by the national assembly for five days as from the date of its receipt from the national assembly. if there is no need for proceedings under section 148, the prime minister shall present the bill to the king within twenty days as from the date such period lapses. section 146 if the king refuses his assent to a bill and either returns it to the national assembly or does not return it within ninety days, the national assembly must re-deliberate such bill. if the national assembly resolves to reaffirm the bill with the votes not less than two-thirds of the total number of existing members of both houses, the prime minister shall present such bill to the king for signature once again. if the king does not sign and return the bill within thirty days, the prime minister shall cause the bill to be promulgated as an act in the government gazette as if the king had signed it. section 147 in the case where the term of the house of representatives expires or the house of representatives is dissolved, the draft constitution amendments or bills which have not yet been approved by the national assembly or which have been approved by the national assembly but the king has refused his assent or have not returned within ninety days, shall lapse. with regard to all draft constitution amendments or bills which have not yet been approved by the national assembly and lapsed under paragraph one, if the council of ministers which is newly appointed after the general election makes a request to the national assembly for the national assembly, the house of representatives or the senate, as the case may be, to further consider such amendments or bills, and the national assembly so agrees, the national assembly, the house of representatives or the senate, as the case may be, shall further consider such amendments or bills, provided that the council of ministers makes such requests within sixty days as from the date of convocation of the first sitting of the national assembly after the general election. section 148 before the prime minister presents any bill to the king for signature under section 81, if members of the house of representatives, senators or members of both houses comprising not less than one-tenth of the total number of the existing members of both houses are of the opinion that the provisions of the said bill are contrary to or inconsistent with the constitution or it is enacted contrary to the provisions of the constitution, they shall submit their opinion to the president of the house of representatives, the president of the senate or the president of the national assembly, as the case may be, and the president of the house receiving such opinion shall then refer it to the constitutional court for decision and inform the prime minister thereof without delay; if the prime minister is of the opinion that the provisions of the said bill are contrary to or inconsistent with the constitution or it is enacted contrary to the provisions of the constitution, the prime minister shall refer such opinion to the constitutional court for decision and inform the president of the house of representatives and the president of the senate thereof without delay. during the consideration of the constitutional court, the prime minister shall not present the bill to the king for signature. if the constitutional court decides that the provisions of such bill are contrary to or inconsistent with the constitution or it is enacted contrary to the provisions of the constitution and that such provisions of the bill form the essential element thereof, such bill shall lapse. if the constitutional court decides that the provisions of such bill are contrary to or inconsistent with the constitution otherwise than in the case specified in paragraph three, such conflicting or inconsistent provisions shall lapse and the prime minister shall take further proceedings under section 81. section 149 the provisions of section 148 shall apply mutatis mutandis to draft rules of procedure of the house of representatives, draft rules of procedure of the senate and draft rules of procedure of the national assembly which have already been approved by the house of representatives, the senate or the national assembly, as the case may be, before their publication in the government gazette. section 150 every member of the house of representatives or senator has the right to interpellate verbally or in writing a minister on any matter within the scope of his or her authority in accordance with the rules of procedure of that house which shall at least stipulate to allow verbal interpellation without prior notice. the minister has the right to refuse to answer an interpellation if the council of ministers is of the opinion that the matter should not yet be disclosed on the ground of safety or vital interest of the state. section 151 members of the house of representatives comprising not less than one-fifth of the total number of the existing members of the house have the right to submit a motion for a general debate for the purpose of passing a vote of no-confidence in an individual minister or the council of ministers en masse. when the motion under paragraph one has been submitted, the dissolution of the house of representatives shall not be permitted, except where the motion is withdrawn or the resolution is passed without being supported by votes in accordance with paragraph four. if the general debate is concluded with a resolution not to pass over the agenda of the general debate, the house of representatives shall pass a vote of confidence or no-confidence. voting in such case shall not take place on the same date as of the conclusion of the debate. the vote of no-confidence must be adopted by more than one-half of the total number of the existing members of the house of representatives. the minister who has vacated the previous office but remains in other office after the date the members of the house of representatives submit the motion under paragraph one or who has vacated the previous office for not more than ninety days prior to the date of such submission of the motion but remains in other office, shall still be subject to the debate for the purpose of passing a vote of no-confidence. section 152 members of the house of representatives comprising not less than one-tenth of the total number of the existing members of the house of representatives have the right to submit a motion for a general debate to inquire about facts or recommend issues without a resolution to be passed. section 153 senators comprising not less than one-third of the total number of the existing members of the senate have the right to submit a motion for a general debate in the senate for the purpose of requesting the council of ministers to give statements of fact or explain important problems in connection with the administration of the state affairs without a resolution to be passed. section 154 the submission of a motion for a general debate under section 151, section 152 or section 153, as the case may be, may be made once a year. the provision of paragraph one shall not apply to the general debate under section 151 which is concluded with a resolution to pass over the agenda of the general debate. section 155 in the case where there is an important issue concerned with the security, safety or economy of the country in regards to which there should be a joint consultation between the national assembly and the council of ministers, the leader of the opposition in the house of representatives may give a notice to the president of the national assembly requesting that a general debate be held at a sitting of the national assembly. in such case, the president of the national assembly must hold the sitting within fifteen days as from the date the notice is received but no resolution shall be passed by the national assembly on the issue put in the debate. the sitting under paragraph one shall be in camera and it shall be the duty of the council of ministers to attend such sitting. part 5. joint sittings of the national assembly section 156 the national assembly shall hold a joint sitting in the following cases: the approval of the appointment of the regent under section 17; the making of a solemn declaration by the regent before the national assembly under section 19; the acknowledgement of an amendment to the palace law on succession, b.e. 2467 (1924) under section 20; the acknowledgement or approval of the succession to the throne under section 21; the approval of the prorogation of a session under section 121; the opening of the session of the national assembly under section 122; the consideration of an organic law bill under section 132; the reconsideration of an organic law bill or a bill under section 146; the consideration for approval under section 147; the holding of a general debate under section 155 and section 165; the making of the rules of procedure of the national assembly under section 157; the announcement of policies under section 162; the approval of the declaration of war under section 177; the hearing and approval of a treaty under section 178; the amendment to the constitution under section 256; other cases as provided in the constitution. section 157 at a joint sitting of the national assembly, the rules of procedure of the national assembly shall apply. while the rules of procedure of the national assembly have not yet been issued, the rules of procedure of the house of representatives shall apply mutatis mutandis for the time being. the provisions applicable to both houses shall apply mutatis mutandis to the joint sitting of the national assembly, except that, for the appointment of a committee, the number of committee members appointed from the members of each house must be in proportion to or in close proportion to the number of members of each house. chapter viii. the council of ministers section 158 the king appoints the prime minister and not more than thirty five other ministers to constitute the council of ministers having the duties to carry out the administration of the state affairs in accordance with the principle of collective responsibility. the prime minister must be appointed from a person who is approved by the house of representatives under section 159. the president of the house of representatives shall countersign the royal command appointing the prime minister. the prime minister shall not hold office for more than eight years in total, whether or not holding consecutive term. however, it shall not include the period during which the prime minister carries out duties after vacating office. section 159 the house of representatives shall complete its consideration for approval of the person suitable to be appointed as prime minister from a person who has the qualifications and is not under any of the prohibitions under section 160, and is a person listed by a political party under section 88, only with respect to the list of names of political parties whose members have been elected as members of the house of representatives constituting not less than five per cent of the total number of existing members of the house of representatives. the nomination under paragraph one shall be endorsed by members comprising not less than one-tenth of the total number of the existing members of the house of representatives. the resolution of the house of representatives approving the appointment of a person as prime minister shall be passed by open votes and by the votes of more than one half of the total number of the existing members of the house of representatives. section 160 a minister must: be of thai nationality by birth; be not less than thirty-five years of age; have graduated with not lower than a bachelor’s degree or its equivalent; be of evident integrity; not have behaviour which is a serious violation of or failure to comply with ethical standards; not be under any of the prohibitions under section 98; not be a person sentenced by a judgment to imprisonment, irrespective of the finality of the case or a suspension of the punishment, except for an offence committed through negligence, a petty offence or a defamation offence; not be a person whose office has been vacated on the grounds of committing any prohibited act under section 186 or section 187, for a period of less than two years up to the date of appointment. section 161 before taking office, a minister must make a solemn declaration before the king in the following words: “i, (name of the declarer), do solemnly declare that i will be loyal to the king and will faithfully perform my duties in the interests of the country and of the people. i will also uphold and observe the constitution of the kingdom of thailand in every respect.” in the case where the king has commanded the council of ministers to perform duties before making a solemn declaration, such council of ministers may proceed in accordance with section 162 paragraph two. in this case, the council of ministers under section 168 (1) shall be discharged from the performance of duties from the date of such command. section 162 the council of ministers which will assume the administration of the state affairs must, within fifteen days as from the date it takes office, states its policies to the national assembly, which must be consistent with the duties of the state, directive principles of state policies and national strategy, and declares the sources of incomes which will be expended in the implementation of the policies, with respect to which no vote of confidence shall be passed. before stating policies to the national assembly under paragraph one, if there occurs a case of importance and necessary urgency which, if left delayed, will affect vital interests of the state, the council of ministers which has taken office may, for the time being, perform such acts in so far as it is necessary. section 163 a minister has the right to attend and give statements of fact or opinions at a sitting of the house but has no right to vote, except in the case of voting in the house of representatives where such minister is also a member of the house of representatives. the privileges provided in section 124 shall apply mutatis mutandis. section 164 the council of ministers shall administer state affairs in accordance with the provisions of the constitution, laws and the policies stated to the national assembly, and shall also act in accordance with the following rules: to perform duties and exercise powers with honesty, in good faith, with dedication, openness and thoroughness and cautiousness in carrying out various acts for the greatest benefit of the country and the public in common; to strictly observe disciplines of the activities pertaining to state funds under the law on financial and fiscal disciplines of the state; to uphold and comply with good public governance principles; to encourage all sectors of society to co-exist with fairness, happiness, unity and solidarity; ministers shall be individually responsible to the house of representatives for matters under their duties and powers, and shall also be collectively responsible to the national assembly for the determination of policies and implementation of policies of the council of ministers section 165 in the case where there is an important problem in the administration of the state affairs in regard to which the council of ministers deems it advisable to take the opinions of members of the house of representatives and senators, the prime minister may submit a notice to the president of the national assembly requesting that a general debate be held at a joint sitting of the national assembly. in such case, no resolution shall be passed by the national assembly on the issue put in the debate. section 166 in the case where there are reasonable grounds, the council of ministers may call for a referendum on any matter which is not an issue contrary to or inconsistent with the constitution or an issue relating to any individual or group of persons as provided by law. section 167 ministers vacate office en masse upon: the termination of ministership of the prime minister under section 170; the expiration of the term or the dissolution of the house of representatives; the resignation of the council of ministers; the vacation of office on the grounds of section 144 when ministers vacate office en masse under (1), (3) or (4), proceedings for a new council of ministers under section 158 and section 159 shall be taken. section 168 the outgoing council of ministers shall continue to perform duties subject to the following conditions: in the case of the vacation of office under section 167 (1), (2) or (3), the outgoing council of ministers shall continue to perform duties until the newly appointed council of ministers takes office, except in the case where the prime minister vacates office under section 167 (1) on the grounds of being disqualified or being under any of the prohibitions under section 98 or section 160 (4) or (5), the prime minister shall not continue to perform duties; in the case of the vacation of office under section 167 (4), the outgoing council of ministers shall not continue to perform duties. in the case where the council of ministers cannot continue to perform duties under (2) or the council of ministers continuing to perform duties resigns en masse, and the proceedings under section 158 and section 159 cannot be taken due to any reason or the proceedings under section 158 and section 159 have not been completed, the permanent secretaries shall perform duties as the ministers of such ministries only in so far as it is necessary for the time being, and the permanent secretaries shall elect one person among themselves to perform duties as prime minister. section 169 the outgoing council of ministers under section 167 (2) having to continue to perform duties under section 168 shall perform duties subject to the following conditions: refraining from acts which result in giving approval to works or projects or which creates an obligation on the subsequent council of ministers, except as already determined in the annual appropriation; refraining from the appointment or transfer of government officials holding permanent positions or receiving permanent salaries, or officials of state agency, state enterprise, or undertaking in which the state is a major shareholder, or discharging such person from the performance of duties or removal of such person from office, or instructing another person to perform duties in lieu of such person, except by prior approval of the election commission; refraining from acts which result in giving approval to the expenditure of budget reserved for an emergency or exigency, except by prior approval of the election commission; refraining from the utilisation of state resources or state personnel for performing acts which may have an effect on an election, and refraining from the violation of any prohibitions under the rules prescribed by the election commission. section 170 the ministership of an individual minister terminates upon: death; resignation; the passing of a vote of no-confidence by the house of representatives; being disqualified or being under any of the prohibitions under section 160; having done an act prohibited by section 186 or section 187; the issuance of a royal command to remove a minister from office under section 171; apart from the grounds for termination of ministership of an individual minister under paragraph one, the ministership of the prime minister also terminates upon the lapse of the period of time under section 158 paragraph four. the provisions of section 82 shall apply mutatis mutandis to the termination of ministership under (2), (4) or (5) or paragraph two. for this purpose, the election commission shall also have the power to refer the matter to the constitutional court for decision. section 171 the king has the royal prerogative to remove a minister from his or her office upon the advice of the prime minister. section 172 for the purpose of maintaining national or public safety or national economic security, or averting public calamity, the king may issue an emergency decree which shall have force as an act. the issuance of an emergency decree under paragraph one shall be made only when the council of ministers is of the opinion that it is an emergency of necessity and urgency which is unavoidable. in the subsequent sitting of the national assembly, the council of ministers shall submit the emergency decree to the national assembly for its consideration without delay. if it is out of session and it would be a delay to wait for the opening of an ordinary session, the council of ministers must proceed to convoke an extraordinary session of the national assembly in order to expeditiously consider whether to approve or disapprove the emergency decree. if the house of representatives disapproves it or approves it but the senate disapproves it and the house of representatives reaffirms its approval by the votes of not more than one-half of the total number of the existing members of the house of representatives, the emergency decree shall lapse, prescribed that it shall not affect any act done during the enforcement of such emergency decree. if the emergency decree under paragraph one has the effect of amending or repealing any provisions of any law and such emergency decree has lapsed in accordance with paragraph three, the provisions of the law in force before the amendment or repeal shall continue to be in force as from the day the disapproval of such emergency decree is effective. if the house of representatives and the senate approve the emergency decree, or if the senate disapproves it but the house of representatives reaffirms its approval by the votes of more than one-half of the total number of the existing members of the house of representatives, such emergency decree shall continue to have the force of an act. the prime minister shall cause the approval or disapproval of the emergency decree to be published in the government gazette. in case of disapproval, it shall be effective as from the day following the date of its publication in the government gazette. the consideration of an emergency decree by the house of representatives and the senate and reaffirmation of an approval of an emergency decree must take place at the first opportunity in the sittings of the respective houses. section 173 before the house of representatives or the senate approves any emergency decree, members of the house of representatives or senators comprising not less than one-fifth of the total number of the existing members of each house have the right to submit an opinion to the president of the house of which they are members that the emergency decree is not in accordance with section 172 paragraph one, and the president of such house shall, within three days as from the date of receipt of such opinion, refer it to the constitutional court for decision. the consideration of such emergency decree shall be deferred until the decision of the constitutional court has been notified. the constitutional court shall have the decision within sixty days as from the date of receipt of such matter, and the constitutional court shall notify such decision to the president of the house referring such opinion. in the case where the constitutional court decides that any emergency decree is not in accordance with section 172 paragraph one, such emergency decree shall not have the force of law ab initio. the decision of the constitutional court that any emergency decree is not in accordance with section 172 paragraph one, must be made by the votes of not less than two thirds of the total number of the existing members of judges of the constitutional court. section 174 in the case where it is necessary to have a law on taxes, duties or currency, which, in the interests of the state, requires urgent and confidential consideration, the king may issue an emergency decree which shall have force as an act. the provisions of section 172 paragraph three, paragraph four, paragraph five, paragraph six and paragraph seven shall apply mutatis mutandis to an emergency decree issued in accordance with the provisions of paragraph one. however, if the emergency decree is issued during a session, it shall be submitted to the house of representatives within three days as from the day following the date of its publication in the government gazette. section 175 the king has the royal prerogative to issue a royal decree which is not contrary to the law. section 176 the king has the royal prerogative to declare and lift martial law. in the case where it is necessary to declare martial law in a certain locality as a matter of urgency, the military authority may do so under the law on martial law. section 177 the king has the royal prerogative to declare war with the approval of the national assembly. the resolution of approval by the national assembly must be passed by the votes of not less than two-thirds of the total number of the existing members of both houses. section 178 the king has the royal prerogative to conclude a peace treaty, armistice, and other treaties with other countries or international organisations. any treaty which provides for a change in thai territories or external territories over which thailand has sovereign right or jurisdiction under a treaty or international law, or which requires the enactment of an act for implementation, and other treaties which may have wide scale effects on the security of economy, society, or trade or investment of the country must be approved by the national assembly. in this regard, the national assembly shall complete its consideration within sixty days as from the date of receipt of such matter. if the national assembly does not complete the consideration within such period of time, it shall be deemed that the national assembly has given approval. other treaties which may have wide scale effects on the security of economy, society, or trade or investment of the country under paragraph two are treaties pertaining to free trade, common customs union, or the authorization of natural resources utilisation, or which cause the country to lose rights over natural resources, in whole or in part, or on any other treaties provided by law. there shall also be a law prescribing procedures for the public to participate in the expression of opinions and to obtain necessary remedy from the effects of conclusion of a treaty under paragraph three. where a question arises as to whether any treaty constitutes a case under paragraph two or paragraph three, the council of ministers may request the constitutional court to render a decision thereon. the constitutional court shall complete its decision within thirty days as from the date of receipt of such request. section 179 the king has the royal prerogative to grant a pardon. section 180 the king appoints and removes officials in the military service and civil service who hold the positions of permanent secretary, director-general and their equivalents, except in the case of vacation of office upon death, retirement or removal from government service due to a punishment. section 181 a government official and a state official holding a permanent position or receiving a permanent salary and not being a political official shall not be a political official or hold other political positions. section 182 all laws, royal rescripts and royal commands relating to the state affairs must be countersigned by a minister unless otherwise provided in the constitution. section 183 emoluments and other remuneration of privy councillors, president and vice-presidents of the house of representatives, president and vice-presidents of the senate, leader of the opposition in the house of representatives, members of the house of representatives and senators shall be prescribed by royal decree. gratuities, pensions or other remuneration of privy councillors who vacate their office shall be prescribed by royal decree. chapter ix. conflict of interest section 184 a member of the house of representatives and senator shall not: hold any position or have any duty in a government agency, state agency or state enterprise, or hold a position of a member of a local assembly or a local administrator; receive or interfere or intervene in the acquisition of any concession from the state, a government agency, state agency or state enterprise, or become a party to a contract of the nature of monopoly or exclusivity with the state, a government agency, state agency or state enterprise, or become a partner or shareholder in a partnership or company receiving such concession or becoming a party to a contract of such nature, whether directly or indirectly; receive any special money or benefit from a government agency, state agency or state enterprise apart from that given by the government agency, state agency or state enterprise to other persons in the ordinary course of business; directly or indirectly perform any act which amounts to a wrongful obstruction of or interference with the exercise of rights or liberties of newspapers or mass media. this section shall not apply in the case where a member of the house of representatives or a senator receives military pensions, gratuities, pensions, annuities for royalty or any other form of payment of the same nature, and shall not apply in the case where a member of the house of representatives or a senator accepts or holds a position of a committee member of the national assembly, the house of representatives or the senate, or a committee member appointed in the course of the administration of state affairs related to parliamentary affairs, or a committee member specifically provided by law. the provisions in (2) and (3) shall apply to spouses and children of members of the house of representatives or senators and also to persons other than spouses and children of such members of the house of representatives or senators who act as agents or partners of, or who are entrusted by members of the house of representatives or senators to act under this section. section 185 a member of the house of representatives and a senator shall not, through the status or position of member of the house of representatives or senator, carry out any act which, by nature, amounts to an intervention of or interference with the following matters, whether directly or indirectly, for his or her own benefit, the benefit of another person or of a political party: the performance of official functions or carrying out of work within the usual duties of a government official, official or employee of a government agency, state agency, state enterprise, an enterprise in which the state is a major shareholder or a local government organisation; the carrying out of an act which, by nature, enables him or her to participate in the spending of budget or granting of approval of any project of a state agency, except an act within the affairs of the national assembly; the recruitment, appointment, transfer, reshuffle, promotion, salary increase, or removal from office of a government official who holds a permanent position or receives salary and is not a political official, an official or employee of a government agency, state agency, state enterprise, an enterprise in which the state is a major shareholder or local government organisation. section 186 the provisions in section 184 shall also apply to ministers mutatis mutandis, except for the following cases: holding positions or carrying out acts provided by the law to be the duties or powers of the minister; carrying out acts pursuant to the duties and powers in the administration of state affairs, or pursuant to the policies stated to the national assembly, or as provided by law. apart from the cases under paragraph one, a minister shall not, through his or her status or position, carry out any act, whether directly or indirectly, which amounts to a wrongful intervention of or interference with the performance of duties of a state official for his or her own benefit, the benefit of another person or of a political party, as stipulated in the ethical standards. section 187 a minister shall neither be a partner or shareholder of a partnership or a company, nor retain partner or shareholder status of a partnership or a company up to the limit as provided by law, and shall not be an employee of any person. in the case where any minister intends to continue to receive benefits in the cases under paragraph one, such minister shall inform the president of the national anti corruption commission within thirty days from the date of the appointment, and shall transfer his or her shares in such partnership or company to a juristic person which manages assets for the benefit of other persons, as provided by law. the minister shall not be involved in the administration or management of shares or affairs of the partnership or company under paragraph two in any way. the part of this section which relates to partner or shareholder status shall also apply to the spouse and children of a minister who have not yet become sui juris, and to the holding of shares of a minister which are in possession or under supervision of another person in any way. chapter x. the courts part 1. general provisions section 188 the trial and adjudication of cases are the powers of the courts which must be carried out in accordance with the laws and in the name of the king. judges and justices are independent in trial and adjudication of cases, in accordance with the constitution and laws in the swift and fair manner, and without any partiality. section 189 all courts may be established only by acts. any establishment of a new court or prescription of a procedure for the trial and adjudication of any particular case, or a case of any particular charge in place of a court existing under the law for trying such case shall not be done. section 190 the king appoints and removes judges and justices. in the case where an office is vacated due to death, retirement, expiration of term, or being removed from office, the matter shall be reported to the king for information. section 191 before taking office, a judge and justice shall make a solemn declaration before the king in the following words: “i, (name of the declarer) do solemnly declare that i will be loyal to his majesty the king and will faithfully perform my duties in the name of the king without any partiality in the interest of justice, of the people and of the public order of the kingdom. i will also uphold and observe the democratic regime of government with the king as head of the state, the constitution of the kingdom of thailand and the law in every respect.” section 192 in the case of a dispute on the competent jurisdictions between the court of justice, the administrative court, or the military court, a ruling shall be made by a committee consisting of the president of the supreme court as chairperson, the president of the supreme administrative court, the chief of military judicial office and not more than four qualified persons as provided by law as members. the rules and procedures for ruling on a dispute on the competent jurisdictions between the courts under paragraph one shall be as provided by law. section 193 each court shall, except the military court, have a secretariat which is independent in personnel administration, budget and other activities, with the head of the office as the superior official directly responsible to the president of each court, as provided by law. the court of justice and the administrative court shall have its particular and appropriate salaries and remuneration system as provided by law. part 2. courts of justice section 194 the courts of justice have the powers to try and adjudicate all cases except those specified, by the constitution or the law, to be within the jurisdiction of other courts. the establishment, procedures, and operations of the courts of justice shall be in accordance with the law thereon. section 195 there shall be a criminal division for persons holding political positions in the supreme court, the panel of which shall consist of at least five but not more than nine judges in the supreme court holding a position not lower than justice of the supreme court or senior judges having held a position not lower than justice of the supreme court who are elected, on a case-by-case basis, at a plenary meeting of the supreme court, in accordance with the organic act on criminal procedure for persons holding political positions. the supreme court’s criminal division for persons holding political positions has the powers to try and adjudicates all cases as provided by the constitution. the criminal procedure for persons holding political positions shall be in accordance with the organic act on criminal procedure for persons holding political positions. an appeal against a judgment of the supreme court’s criminal division for persons holding political positions may be submitted to the plenary meeting of the supreme court within thirty days as from the date of judgment of the supreme court’s criminal division for persons holding political positions. the consideration of an appeal of the plenary meeting of supreme court under paragraph four, shall be undertaken by a panel of judges of the supreme court consisting of nine judges of the supreme court holding a position not lower than the presiding justice of the supreme court or senior judges having held a position not lower than the presiding justice of the supreme court who have never considered the case, and have been selected at the plenary meeting of the supreme court on a case-by-case basis, and when such panel of judges has made a decision, this decision shall be deemed as appellate decision of the plenary meeting of the supreme court. in the case where the supreme court’s criminal division for persons holding political positions has delivered a judgment to remove any person from office or such judgment has the effect of removing any person from office, regardless of whether or not there is an appeal under paragraph four, such person shall vacate office as from the date of the judgment of supreme court’s criminal division for persons holding political positions. rules and procedures on appeal under paragraph four, and consideration of appeal under paragraph five, shall be in accordance with the organic act on criminal procedure for persons holding political positions. section 196 personnel administration relating to judges of the courts of justice shall be independent, and shall be undertaken by the judicial commission of the courts of justice consisting of the president of the supreme court as chairperson, and qualified members who are judicial officers of each level of the court, and not more than two qualified persons who are not or have never been a judicial officer selected by judicial officer, as provided by law. part 3. administrative courts section 197 administrative courts have the powers to try and adjudicate administrative cases arising from the exercise of administrative power provided by law or from the carrying out of an administrative act, as provided by law. there shall be a supreme administrative court and administrative courts of first instance. the jurisdiction of the administrative courts under paragraph one does not include rulings made by independent organs pursuant to the direct exercise of their powers under the constitution. the establishment, procedures, and operations of the administrative courts shall be in accordance with the law thereon. section 198 personnel administration relating to judges of administrative courts shall be independent, and shall be undertaken by the judicial commission of the administrative courts consisting of the president of the supreme administrative court as chairperson, and qualified members, who are judges of the administrative courts, and not more than two qualified persons who are not or have never been judges of administrative courts elected by judicial officers of the administrative courts, as provided by law. part 4. military courts section 199 military courts have the powers to try and adjudicate cases involving offenders who are subject to the jurisdiction of the military courts and other cases, as provided by law. the establishment, procedures, and operations of the military courts as well as the appointment and removal of judges of military courts shall be as provided by law. chapter xi. constitutional court section 200 the constitutional court consists of nine judges of the constitutional court appointed by the king from the following persons: three judges in the supreme court holding a position not lower than presiding justice of the supreme court for not less than three years elected by a plenary meeting of the supreme court; two judges of the supreme administrative court holding a position not lower than judge of the supreme administrative court for not less than five years elected by a plenary meeting of the supreme administrative court; one qualified person in law obtained by selection from persons holding or having held a position of professor of a university in thailand for not less than five years, and currently having renowned academic work; one qualified person in political science or public administration obtained by selection from persons holding or having held a position of professor of a university in thailand for not less than five years, and currently having renowned academic work; two qualified persons obtained by selection from persons holding or having held a position not lower than director-general or a position equivalent to a head of government agency, or a position not lower than deputy attorney-general, for not less than five years. in the case where the presiding justice of the supreme court cannot be selected under (1), the plenary meeting of the supreme court may select a person from those who have held a position not lower than judge in the supreme court for not less than three years. the period under paragraph one shall be counted to the date of election or the date of application for selection, as the case may be. in a case of unavoidable necessity, the selection committee may announce a decrease of the period of time under paragraph one or paragraph two, but the decrease shall not result in a period of less than two years. section 201 a judge of the constitutional court shall also possess the qualifications as follows: being of thai nationality by birth; being not less than forty-five years and not reaching sixty-eight years of age as from the date of election or the date of application for selection; having graduated with not lower than a bachelor’s degree or its equivalent; being of evident integrity; being sufficiently in good health to perform duties efficiently. section 202 a judge of the constitutional court shall not be under any of the prohibitions as follows: being or having been a judge of the constitutional court or holding a position in any independent organ; any of the prohibitions under section 98 (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (17) or (18); having been sentenced by a final judgment to imprisonment, except for the case of an offence committed through negligence or a petty offence; being or having been a member of the house of representatives, a senator, a political official, or a member of a local assembly or local administrator at any time during the period of ten years before election or application for selection; being or having been a member or holder of other position in a political party at any time during the period of ten years before election or application for selection; being a government official holding a permanent position or receiving salary; being an official or employee of a state agency, state enterprise or local government organisation or a director or adviser of a state agency or state enterprise; holding any position in a partnership, a company or an organisation carrying out business with a view to making and sharing profit or income, or being an employee of any person; engaging in an independent profession; being involved in circumstances which constitute a serious violation or failure to comply with ethical standards. section 203 in the case where a person suitable for appointment as a judge of the constitutional court must be selected, it shall be the duty and power of the selection committee which shall consists of: president of the supreme court as chairperson; president of the house of representatives and leader of the opposition in the house of representatives as members; president of the supreme administrative court as member; persons appointed by the independent organs, from persons who have the qualifications under section 201, are not under any of the prohibitions under section 202, and have never performed any duty in the constitutional court or independent organs comprising one person from each organ, as members. in the case where there is no person holding a position of member of selection committee under (2) or the number of members under (4) is incomplete by any cause, the selection committee shall consist of its remaining members. the secretariat of the senate shall perform duties as the administrative unit of the selection committee. the selection committee shall carry out the selection of persons who are suitable for appointment as judges of the constitutional court according to rules, procedures and conditions prescribed in the organic act on the procedures of the constitutional court. in case where there is a question pertaining to the qualifications of an applicant, a person who has been elected or selected, it shall be the duty and power of the selection committee to consider the matter, and its decision shall be final. in the selection process, the selection committee shall deliberate with a view to selecting a person having high responsibility, courage in performing duties, and ethical behaviour that can be a good role model of the society. in addition to the process of announcement for application for the position, the selection committee may select persons who are generally suitable, provided that consent from such person must be obtained. section 204 a person who is elected or selected to hold the position of judge of the constitutional court must obtain the approval of the senate with the votes of not less than one-half of the total number of the existing members of the senate. in the case where the senate disapproves any selected or elected person, a new person shall be selected or elected and thereafter submitted to the senate for approval. after the selected or elected persons are approved by the senate, they shall elect one amongst themselves to be the president of the constitutional court and inform the result to the president of the senate. the president of the senate shall report to the king for appointment of the president and judges of the constitutional court and countersign the royal command. section 205 a person approved by the senate to be a judge of the constitutional court who has not yet vacated office under section 202 (6), (7) or (8) or is still engaged in a profession under (9), shall present evidence of resignation or termination from engaging in such profession under section 202 (6), (7), (8) or (9) to the president of the senate within the period as provided by the president of the senate, which shall be the period before the president of the senate reports to the king under section 204 paragraph four. in case of failure to present evidence within such period, it shall be deemed that such person has waived his or her rights and a new person shall be selected or elected. section 206 in considering an approval under section 204, if the number of persons approved by the senate is not fewer than seven persons, the approved persons shall elect one amongst themselves to be the president of the constitutional court and inform the president of the senate of the result without awaiting the complete number of nine approved persons, and upon receiving royal appointments, the constitutional court shall perform its duty and power for the time being. during that period, the constitutional court shall be deemed to consist of number of the existing judges of the constitutional court. section 207 a judge of the constitutional court shall hold office for a term of seven years as from the date of appointment by the king and shall hold office for only one term. section 208 in addition to the vacation of office upon the expiration of term, a judge of the constitutional court vacates office upon: being disqualified under section 201 or being under any of the prohibitions under section 202; death; resignation; being seventy-five years of age; a resolution of the constitutional court by the votes of not less than three-fourths of the total number of the existing judges of the constitutional court to remove such person from office on the ground of violation or failure to comply with ethical standards of the constitutional court; removal from office due to a cause under section 235 paragraph three. the president of the constitutional court who resigns shall also vacate the office of judge of constitutional court. in the case where a judge of the constitutional court vacates office at the expiration of term, such judge of the constitutional court who vacates office shall remain in office to perform duties until a newly appointed judge of the constitutional court takes office. in case where there is a question as to whether a judge of the constitutional court has vacated office under (1) or (3), it shall be duty and power of the selection committee under section 203 to make a decision. a decision of the selection committee shall be final. a petition, petitioner, consideration, and decision under paragraph four shall be in accordance with rules and procedures prescribed in the organic act on the procedures of the constitutional court. section 209 in the period during which a judge of the constitutional court has vacated office before the expiration of the term, and a judge of the constitutional court has not yet been appointed to fill the vacancy, the remaining judges of the constitutional court may continue to perform duties. the provisions under paragraph one shall not apply when the remaining number of judges of the constitutional court is fewer than seven persons. section 210 the constitutional court has duties and powers as follows: to consider and adjudicate on the constitutionality of a law or bill; to consider and adjudicate on a question regarding duties and powers of the house of representative, the senate, the national assembly, the council of ministers or independent organs; others duties and powers prescribed in the constitution. the submission of a petition and the conditions for submitting a petition, the consideration and adjudication, the rendering of a decision, and the operation of the court, except as prescribed by the constitution, shall be in accordance with the organic act on the procedures of the constitutional court. the provisions of section 188, section 190, section 191, and section 193 shall also apply to the constitutional court mutatis mutandis. section 211 a panel of judges of the constitutional court for hearing and rendering a decision shall consist of not fewer than seven judges. a decision of the constitutional court shall be made by a majority of votes, unless otherwise prescribed by the constitution. in the case where the constitutional court accepts any case for consideration, any judge of the constitutional court may not refuse to adjudicate on the ground that the case does not fall under the jurisdiction of the constitutional court. the decision of the constitutional court shall be final and binding on the national assembly, the council of ministers, courts, independent organs, and state agencies. section 212 in the application of a provision of law to any case, if a court by itself is of the opinion that, or a party to the case raises an objection with reasons that, such provision of law falls within the provisions of section 5 and there has not yet been a decision of the constitutional court pertaining to such provision, the court shall submit its opinion to the constitutional court for decision. during that time, the court shall proceed with the trial, but shall temporarily stay its decision until a decision is made by the constitutional court. in the case where the constitutional court is of the opinion that the objection of a party under paragraph one does not concern a matter which calls for a decision, the constitutional court may refuse to accept the case for consideration. the decision of the constitutional court shall apply to all cases, but shall not affect final judgments of the court, except in a criminal case where it shall be deemed that a person who has been convicted of a crime under a provision of law decided by the constitutional court as being unconstitutional under section 5 has never committed such offence, or where such person is still serving the sentence, he or she shall be released. however, this does not entitle such a person to claim for any compensation or damages. section 213 a person whose rights or liberties guaranteed by the constitution are violated, has the right to submit a petition to the constitutional court for a decision on whether such act is contrary to or inconsistent with the constitution, according to the rules, procedures and conditions prescribed by the organic act on procedures of the constitutional court. section 214 in the case where a judge of the constitutional court must cease performing duties according to section 235 paragraph three, and there are fewer than seven judges remaining, the president of the supreme court and the president of the supreme administrative court shall jointly appoint persons who possess the same qualifications and are not under any of the same prohibitions applicable to judges of the constitutional court to temporarily perform duties as judges of the constitutional court to complete the seat of nine judges. the appointed person shall perform duties as a judge of the constitutional court until the judge of the constitutional court who has been provisionally replaced is able to perform duties, or until a new judge is appointed to fill the vacancy. chapter xii. independent organs part 1. general provisions section 215 an independent organ is an organ established for the independent performance of duties in accordance with the constitution and the laws. the performance of duties and exercise of powers by an independent organ shall be honest, just, courageous, and without any partiality in exercising its discretion. section 216 in addition to the qualifications and the prohibitions specifically provided in the part on each independent organ, a person holding a position in an independent organ shall have the general qualifications and not be under any of the general prohibitions as follows: being not less than forty-five years but not more than seventy years of age; having the qualifications under section 201 (1), (3), (4) and (5); not being under any of the prohibitions under section 202. section 217 in the case whereas suitable person is to be selected for appointment to a position in an independent organ, with the exception of the national human rights commission, it shall be the duties and powers of the selection committee under section 203 to undertake the selection; however, the members of the selection committee under section 203 (4) shall consist of persons appointed by the constitutional court and independent organs not being an independent organ requiring selection. the provisions of section 203, section 204, section 205 and section 206 shall apply mutatis mutandis to the selection under paragraph one. section 218 in addition to the vacation of office upon the expiration of term, a person holding a position in an independent organ shall vacate office upon: death; resignation; lacking the general qualifications or being under any of the general prohibitions under section 216, or lacking the specific qualifications or being under any of the specific prohibitions under section 222, section 228, section 232, section 238 or section 246 paragraph two and under the laws enacted under section 246 paragraph four, as the case may be. the provisions of section 208 paragraph two, paragraph three, paragraph four and paragraph five and section 209 shall apply mutatis mutandis to the vacation of office of a person holding a position in an independent organ. in the case where a person holding a position in an independent organ has to cease performing duties under section 235 paragraph three, if the remaining members are less than one-half of total numbers, the provisions of section 214 shall apply mutatis mutandis. section 219 the constitutional court and independent organs shall jointly prescribe ethical standards applicable to the judges of the constitutional court and persons holding positions in the independent organs, including the auditor-general and heads of the secretariat of the constitutional court and the independent organs, and the ethical standards shall come into force upon their publication in the government gazette. such ethical standards shall include the upholding of honour and interests of the nation, and shall also explicitly specify the type of violation or non-compliance of ethical standards which is of a serious nature. in preparing the ethical standards under paragraph one, opinions of the house of representatives, the senate, and the council of ministers shall also be taken into consideration. upon their promulgation, they shall apply to members of the house of representatives, senators and the council of ministers. however, this does not preclude the house of representatives, the senate or the council of ministers from prescribing additional ethics suitable to its performance of duties and not contrary to or inconsistent with the ethical standards under paragraph one, and shall be published in the government gazette. section 220 each independent organ, except the state audit commission, shall have an agency in charge of its administrative work, operational work and facilitating work, in order for the independent organ to accomplish the missions and duties prescribed in the constitution and laws and in accordance with the resolution or direction stipulated by the independent organ. there shall be one head of agency appointed by the approval of the respective independent organ who is in charge of the administration of work of such agency and is directly accountable to the independent organ, as prescribed by law. section 221 in performing duties, the independent organs shall extend mutual cooperation and assistance with a view to achieving the goals in performance of the duties of each respective organ. if any independent organ is of the opinion that there is a person who commits an unlawful act which falls in the scope of duties and powers of another independent organ, the former independent organ shall notify the latter independent organ to take further action in accordance with its duties and powers. part 2. election commission section 222 the election commission consists of seven commissioners appointed by the king upon the advice of the senate from persons as follows: five persons selected by the selection committee from persons who have knowledge and expertise in various academic fields that will be useful for administration and management of election in honest and just manner, and are of evident integrity; two persons selected by the plenary meeting of the supreme court from persons who have knowledge, expertise and experience in the field of law, are of evident integrity, and had held a position not lower than chief justice or a position not lower than director-general of a state attorney department for a period of not less than five years. the person who will be selected as an election commissioner under (1) shall have qualifications under section 232 (2), (3), (4), (5), (6) or (7) or shall be a person who works or had worked in the civil society sector for a period of not less than twenty years, as prescribed by notification of the selection committee. section 223 the election commissioners shall hold office for a term of seven years as from the date of appointment by the king, and shall serve for only one term. during the period in which an election commissioner vacates office prior to the expiration of the term and an election commissioner has not yet been appointed to fill the vacancy, the remaining election commission may continue to perform duties. however, if there are fewer than four election commissioners remaining, the election commission may carry out only an act which is necessary and unavoidable. section 224 the election commission shall have the duties and powers as follows: to hold or arrange for the holding of an election of members of the house of representatives, a selection of senators, an election of members of the local assembly and local administrators and a referendum; to control and supervise elections and selections under (1) to proceed in an honest and just manner, and control and supervise the holding of a referendum to proceed in a lawful manner; for this purpose, it shall have the power to conduct an investigation or inquiry as necessary or as deemed appropriate; where the result of an investigation or inquiry under (2) indicates, or an act is found with reasonable grounds for suspicion that an election or selection under (1) has not proceeded in an honest or just manner, or a referendum has proceeded in an unlawful manner, it shall have the power to suspend, withhold, rectify or cancel the election or selection or referendum, and to order the holding of a new election, selection or referendum in certain polling stations or every polling station; to temporarily suspend the right to stand for election of a candidate for an election or selection under (1) for a period of not more than one year where there is evidence to reasonably believe that such person has committed or has connived at the act committed by other persons which is dishonest or which causes the election or selection to not proceed in an honest or just manner; to supervise the operation of political parties to be in accordance with the law; other duties and powers under the constitution or laws. in conducting an investigation or inquiry under (2), the election commission may entrust an individual election commissioner with the execution thereof or entrust a group of persons with the execution thereof under the supervision of an election commissioner in accordance with the rules, procedures and conditions prescribed by the election commission. each election commissioner who witnesses a commission of an offence shall have the power to exercise the power under (3) in respect of the polling station or the constituency in which the commission of the offence is witnessed, in accordance with the rules, procedures and conditions prescribed by the election commission. section 225 prior to the announcement of the result of an election or a selection, if there is evidence to reasonably believe that such election or selection has not proceeded in an honest or just manner, the election commission shall have the power to order a new election or selection to be held in such polling station or constituency. if the person who committed such act is a candidate for the election or selection, as the case may be, or such person connives at the act of other persons, the election commission shall temporarily suspend the right of such person to stand for an election in accordance with the section 224 (4). the order under paragraph one shall be final. section 226 when proceedings under section 225 are undertaken, or after announcing the result of an election or selection, if there appears evidence to reasonably believe that a candidate of the election or selection has committed a dishonest act in the election or selection or has connived at such act of other persons, the election commission shall submit a petition to the supreme court for an order to revoke the right to stand for election or the right to vote of such person. the consideration of the supreme court under paragraph one shall be based upon the file of the investigation or inquiry of the election commission, and in the interest of justice, the court shall have the power to order an inquiry for additional facts or evidence. in the case where the supreme court has rendered a judgment deciding that the person under paragraph one has committed an offence as petitioned, the supreme court shall order the revocation of the right to stand for election or the right to vote of such person for a period of ten years, in accordance with the organic act on the election of members of the house of representatives, or the organic act on installation of senators, as the case may be. when the supreme court has ordered to accept the petition for consideration, if the accused is a member of the house of representatives or a senator, that person shall cease performing duties until the supreme court renders a judgment deciding that he or she has not committed an offence. upon conviction by a judgment of the supreme court, membership of the house of representatives or the senate of such person shall terminate as from the date of cessation of performance of duties. a member of the house of representatives or senator who ceases performing duties under paragraph four shall not be included in the total number of existing members of the house of representatives or the senate, as the case may be. this section shall also apply mutatis mutandis to an election of members of the local assembly or a local administrator. however, the power of the supreme court shall vest in the court of appeal, and the order or judgment of the court of appeal shall be final. the trial and adjudication of the supreme court or the court of appeal under this section shall be in accordance with the rules of the plenary meeting of the supreme court, which shall adopt the inquisitorial system, and shall be done in an expeditious manner. section 227 during the period in which a royal decree calling an election of members of the house of representatives or a selection of senators or a notification calling for a referendum is in force, no election commissioner shall be arrested, detained or summoned by a warrant for inquiry, except where permission of the election commission is obtained or where the arrest is made in flagrante delicto. in the case where an election commissioner is arrested in flagrante delicto, or where an election commissioner is arrested or detained in other cases, a report shall be submitted forthwith to the chairperson of the election commission, and the chairperson shall have the power to order the release of the person so arrested, but if the chairperson of the election commission is arrested or detained, the remaining election commission shall have the power to order a release. part 3. ombudsmen section 228 there shall be three ombudsmen appointed by the king upon the advice of the senate from persons selected by the selection committee. the selected persons must be persons with evident integrity and with knowledge and expertise, two of whom shall have experience related to the administration of state affairs in the position not lower than a director-general or an equivalent head of government agency or a head of a state agency at least comparable to a department as prescribed by the selection committee, provided that they must hold such position for a period of not less than five years, and one of whom shall have experience in the operation of a public undertaking for a period of not less than twenty years. section 229 an ombudsman shall hold office for a term of seven years as from the date of appointment by the king, and shall serve for only one term. section 230 the ombudsmen have the duties and powers as follows: to recommend the relevant state agencies to revise any law, rule, regulations, rules or order or any operative procedure that causes grievance or unfairness or imposes an unnecessary or undue burden on the people; to conduct fact-finding when it is found that there is a person affected by grievance or unfairness arisen from non-compliance with the law or ultra vires acts of a state agency or state officials in order to recommend the relevant state agencies to eliminate or deter such grievance or unfairness; to submit to the council of ministers for acknowledgement that a state agency has not yet correctly and completely complied with chapter v duties of the state. in the case where a relevant state agency has not implemented the recommendation of an ombudsman under (1) or (2) without reasonable justification, the ombudsman shall notify the council of the ministers to further consider the issuance of an order as deemed appropriate. in proceeding under (1) or (2), if it is the case related to the human rights violation, the ombudsmen shall refer the matter to the national human rights commission for further action. section 231 in the performance of duties under section 230, an ombudsman may refer a matter to the constitutional court or the administrative court upon making a finding as follows: where any provision of law begs the question of the constitutionality, the matter shall be referred together with an opinion to the constitutional court; the constitutional court shall consider and render a decision without delay in accordance with the organic act on procedures of the constitutional court; where a rule, order or any other act of a state agency or a state official begs the question of the constitutionality or legality, the matter shall be referred to the administrative court; the administrative court shall consider and render a decision without delay in accordance with the law on establishment of administrative court and administrative court procedures. part 4. national anti-corruption commission section 232 the national anti-corruption commission shall consist of nine commissioners appointed by the king upon the advice of the senate from persons selected by the selection committee. the selected persons must be persons with evident integrity who have knowledge, expertise and experience in the field of law, accounting, economy, administration of state affairs or in any other field which is beneficial to the prevention and suppression of corruption, and shall have any of the qualifications as follows: serving or having served in the official service in a position not lower than chief justice, chief justice of the administrative court of first instance, chief justice of the central military court, or director-general of a state attorney department for a period of not less than five years; serving or having served in the official service in a position not lower than a director-general or an equivalent head of the government agency for a period of not less than five years; being or having been in a position of the chief executive of a state enterprise or other state agency which is not a government agency or a state enterprise for a period of not less than five years; holding or having held a position of professor in a university in thailand for a period of not less than five years, and currently having renowned academic work; being or having been a practitioner of a profession certified by law who has regularly and continuously practiced the profession for a period of not less than twenty years up to the date of nomination, and having been certified by the professional organisation of such profession; being a person with knowledge, expertise and experience in the field of management, public finance, accounting or enterprise management at the level of not lower than a chief executive of a public company limited for a period of not less than ten years; having been in the position under (1), (2), (3), (4) or (6) for a total period of not less than ten years. the counting of the period of time under paragraph two shall be made up to the date of nomination or the date of the application for selection, as the case may be. section 233 the national anti-corruption commissioners shall hold office for a term of seven years as from the date of appointment by the king, and shall serve for only one term. during the period in which the national anti-corruption commissioner vacates office prior to the expiration of term and a national anti-corruption commissioner has not yet been appointed to fill the vacancy, the remaining commissioners may continue to perform duties, unless the number of the remaining commissioners is fewer than five persons. section 234 the national anti-corruption commission has the powers and duties as follows: to conduct an inquiry and prepare opinion in case where there is an accusation that a person holding a political position, a judge of the constitutional court, a person holding a position in an independent organ or the auditor-general is involved in circumstances of unusual wealth, commits an act of corruption, or deliberately performs duties or exercises powers in contrary to the provisions of the constitution or the law, or seriously contravenes or fails to comply with the ethical standards, for further proceeding in accordance with the constitution or the organic act on anti-corruption; to conduct an inquiry and decide whether a government official is unusually wealthy, has committed an offence of corruption, or malfeasance in public office or malfeasance in judicial office, for further proceeding in accordance with the organic act on anti-corruption; to require persons holding political positions, judges of the constitutional court, persons holding positions in the independent organs, the auditor-general and state officials to submit an account showing particulars of assets and liabilities of themselves, spouse and children who have not yet become sui juris, and to inspect and disclose the results of the inspection of such accounts, in accordance with the organic act on anti corruption; other duties and powers provided by the constitution or the laws. in the performance of duties under (1), (2) and (3), it shall be the duty of the national anti-corruption commission to provide a measure or guideline that will enable efficient, prompt, honest and just performance of duties. in case of necessity, the national anti-corruption commission may entrust the state agency whose duties and powers are related to the prevention and suppression of corruption to act on its behalf for the matter other than that of a serious offence or an act of a government official in certain level, or require competent officials of the secretariat of the national anti-corruption commission to conduct preliminary investigation or inquiry in accordance with the rules, procedures and conditions prescribed in the organic act on anti-corruption. section 235 subject to section 236, in the case where there is reasonable ground to suspect or there is an accusation that any person holding certain political positions as provided in the organic act on anti-corruption, judge of the constitutional court, person holding a position in an independent organ or the auditor-general is involved in the circumstances under section 234 (1), the national anti-corruption commission shall inquire into facts; if a resolution that such person has been involved in the circumstances or has committed the offence as submitted by the inquiry is passed by votes of not less than one half of the total number of the existing commissioners that there are grounds in the accusation, the following proceedings shall be taken: in the case of serious contravention or non-compliance with the ethical standards, the matter shall be submitted to the supreme court for decision, and the provisions of section 226 paragraph seven shall apply mutatis mutandis to the trial and adjudication of the supreme court; in the case other than (1), the inquiry file shall be sent to the attorney-general for instituting prosecution in the supreme court’s criminal division for persons holding political positions or to proceed otherwise in accordance with the organic act on anti-corruption. in the conduct of an inquiry and passing of a resolution under paragraph one, the national anti-corruption commission shall complete the proceedings within the period of time prescribed by the organic act on anti-corruption. when the supreme court or the supreme court’s criminal division for persons holding political positions has accepted the case, the accused shall cease performing duties until a judgment is rendered, unless the supreme court or the supreme court’s criminal division for persons holding political positions has ordered otherwise. in the case where the supreme court or the supreme court’s criminal division for persons holding the political positions has rendered a judgment deciding that the accused is involved in the circumstances or has committed the offence as accused, as the case may be, the convicted person shall vacate office from the date the person ceases performing duties, and the court shall revoke the right to apply for candidacy in an election of such person and may or may not revoke his or her right to vote for a period of not more than ten years. any person whose right to apply for candidacy in an election has been revoked in any case shall permanently have no right to apply for candidacy in an election or selection of members of the house of representatives, senators, members of a local assembly or a local administrator, and shall have no right to hold any political position. in the case where the supreme court’s criminal division for persons holding political positions has rendered a judgment convicting the person of an offence of unusual wealth or corruption, it shall forfeit assets of such person which are acquired from a commission of the offence, including all assets and any other benefits acquired in place of those assets, to be vested in the state. the consideration of the supreme court and the supreme court’s criminal division for persons holding political positions shall be based upon the inquiry file of the national anti-corruption commission, and in the interest of justice, the court shall have the powers to conduct an inquiry to obtain additional facts and evidence. this section shall apply mutatis mutandis to the persons under section 234 (3) who intentionally fails to submit an account showing assets and liabilities or intentionally submit the same with false statements or conceals facts which should be disclosed, and is involved in circumstances where it could be reasonably believed that the person has intentionally not disclosed the source of the assets or liabilities mutatis mutandis. section 236 members of the house of representatives, senators, or members of both houses of representatives and senate comprising not less than one-fifth of the total number of the existing members of both houses or person shaving the right to vote comprising not fewer than twenty thousand persons shall have the rights to lodge with the president of the national assembly a petition with reasonable evidence that any of the national anti corruption commissioners has committed an act under section 234 (1). in case the president of the national assembly is of the opinion that there are reasonable grounds to suspect that there has been an act as accused, the president of the national assembly shall refer the matter to the president of the supreme court to appoint a panel of independent inquisitors from persons with political impartiality and evident integrity for conducting a fact-finding inquiry. the qualifications, prohibitions, duties and powers, procedure of the inquiry, period of time for the inquiry and other necessary proceeding of the panel of independent inquisitors shall be as provided by law. section 237 when the inquiry is completed, the panel of independent inquisitors shall proceed as follows: if it is of the opinion that the accusation has no prima facie case, the accusation shall be lapsed, and such order shall be final; if it is of the opinion that the accused has seriously contravened or failed to comply with the ethical standards, the matter shall be referred to the supreme court for decision and the provisions of section 235 paragraph three, paragraph four and paragraph six shall apply mutatis mutandis; if it is of the opinion that the accused is involved in the circumstances as accused and it is not the case under (2), the inquiry file shall be sent to the attorney-general for instituting prosecution in the supreme court’s criminal division for persons holding political positions, and the provisions of section 235 paragraph three, paragraph four and paragraph five shall apply mutatis mutandis. part 5. state audit commission section 238 the state audit commission consists of seven commissioners appointed by the king upon the advice of the senate from the persons selected by the selection committee. the selected persons must be persons with evident integrity who have knowledge, expertise and experience related to the state audit, law, accounting, internal audit, public finance and other fields which are beneficial to the state audit, for not less than ten years. section 239 the state audit commissioners shall hold office for a term of seven years as from the date of appointment by the king, and shall serve for only one term. section 240 the state audit commission shall have the duties and powers as follows: to set state audit policy; to prescribe standard rules relating to state audit; to oversee the state audit compliance with (1) and (2) and the law on financial and fiscal discipline of the state; to render advice, suggestion or recommendation on the spending of state funds to be in accordance with the law on financial and fiscal discipline of the state, including suggestion to the state agencies to correct defects in the spending of state funds; to order an administrative penalty in the case of a violation of the law on financial and fiscal discipline of the state. the proceedings under paragraph one shall be in accordance with the organic act on state audit. a person punished by an order under (5) may appeal to the supreme administrative court within ninety days as from the date of receipt of the order. the supreme administrative court shall, in its consideration, take into account the state audit policy and standard rules relating to the state audit under (1) and (2). section 241 there shall be one auditor-general appointed by the king upon the advice of the senate and nominated by the state audit commission. the auditor-general shall have the same qualifications and shall not be under any of the same prohibitions applicable to the state audit commissioner. a person nominated for appointment as auditor-general shall be approved by the senate with the votes of not less than one-half of the total number of existing members of the senate, and the provisions of section 204 paragraph one, paragraph two and paragraph four and section 205 shall also apply mutatis mutandis to the appointment of the auditor general. the selection, election and nomination of the auditor-general shall be in accordance with the organic act on state audit. section 242 the auditor-general shall perform duties in a just and neutral manner, without any partiality in exercising discretion, and shall have duties and powers as follows: to audit state funds in accordance with the state audit policy and the standard rules related to state audit prescribed by the state audit commission, and in accordance with the law on financial and fiscal discipline of the state; to assess the outcomes and efficiency of the spending of funds by state agencies; to entrust officials to proceed under (1) and (2); to supervise and be responsible for the performance of duties of officials under (3). section 243 the auditor-general shall be independent in performing duties, be accountable to the state audit commission, and be the highest superior official of the secretariat of the state audit commission. the term of office, the vacation of office, and the performance of duties of the auditor-general shall be in accordance with the organic act on state audit. section 244 in the case where there is evidence to reasonably believe that the spending of state funds involves circumstances of corruption, or intentional performance of duties or exercise of powers which is contrary to the constitution or laws, or may cause the election to not proceed in honest or just manner, and it is the case where the auditor-general does not have the power to carry out any act, the auditor-general shall notify the national anti-corruption commission, the election commission or other relevant agencies, as the case may be, for information and to further proceed in accordance with its duties and powers. in the proceedings of the national anti-corruption commission, the election commission or other relevant agencies notified under paragraph one, it shall be deemed that the documents and evidence that have been examined or produced by the auditor-general are an integral part of the inquiry file of the national anti-corruption commission, the election commission or other agencies, as the case may be. section 245 for the purpose of ceasing or preventing the damage which may occur to state finance, the auditor-general shall submit to the to the state audit commission to consider the result of the inspection of the act that is not in accordance with the law on financial and fiscal discipline of the state and may cause serious damage to state finance. in the case where the state audit commission agrees with the result of the inspection, it shall consult with the election commission and the national anti-corruption commission. if the joint meeting agrees with the result of the inspection, they shall jointly serve a notice in writing to the house of representatives, the senate and the council of ministers without delay, and the result of such inspection shall be disclosed to the public. part 6. national human rights commission section 246 the national human rights commission consists of seven commissioners appointed by the king upon the advice of the senate from selected persons. the selected persons must have knowledge and experience in the protection of rights and liberties of the people, and must be politically impartial with evident integrity. the national human rights commissioners shall hold office for a term of seven years as from the date of appointment by the king, and shall serve for only one term. the qualifications, prohibitions, selection, and vacation of office of the national human rights commission shall be in accordance with the organic act on national human rights commission. however, the provisions on the selection shall also prescribe for the participation of representatives of private organisations relating to the human rights in the selection. section 247 the national human rights commission shall have the duties and powers as follows: to examine and report the correct facts on violation of human rights in all cases without delay, and to suggest suitable measures or guidelines in order to prevent or redress human rights violation including the provision of remedy to the person affected by the violation of human rights to the relevant state agencies or private sector; to prepare a report on the result of evaluation of human rights situation of the country to submit to the national assembly and the council of ministers, and to disseminate it to public; to render recommendation on measures or guideline for the promotion and protection of the human rights to the national assembly, the council of ministers and relevant agencies, including the revision of any law, rule, regulation or order to conform to the principles of human rights; to explain and report the correct facts without delay when there is a report on human rights situation in thailand which is incorrect or unfair; to promote awareness of the importance of human rights in every sector of the society; other duties and powers as provided by law. upon being informed of the report under (1) and (2) or the recommendation under (3), the council of ministers shall expeditiously make improvement and rectification as appropriate. if it is not possible or would take a certain period of time to proceed so, the council of ministers shall inform the reasons to the national human rights commission without delay. in the performance of duties, the national human rights commission shall also take the happiness of thai people and common interest of the country into consideration as important factor. chapter xiii. state attorney organ section 248 the state attorney organ has the duties and powers as provided in the constitution and laws. state attorneys are independent in considering and making orders in cases and in performing duties expeditiously and justly and without any prejudice, and such act shall not be deemed an administrative order. the personnel management, budgetary affairs and other acts of the state attorney organ shall be independent, with a specific system of salary and remuneration as may be appropriate. the personnel management in relation with state attorneys shall be carried out by the state attorney committee, which shall at least consist of the chairperson who is not a state attorney and qualified members selected by state attorneys; at least two of such qualified members shall not be or have been state attorneys, as provided by law. the law under paragraph three shall contain measures to prevent state attorneys from carrying out any act or holding any position which may cause the making of orders in cases or the performance of duties to be not in accordance with paragraph two, or may cause conflict of interest. in this regard, such measures shall be prescribed explicitly and be of general application without any delegation of power to consider the matters on case-by-case basis. chapter xiv. local administration section 249 subject to section 1, local administration shall be organised in accordance with the principle of self-government according to the will of the people in the locality, as per the procedure and form of local administrative organisations as provided by law. in establishing a local administrative organisation in any form, due regard shall be had to the will of the people in the locality together with the capacity for self-government in respect of revenues, number and density of the population, as well as areas under its responsibility. section 250 a local administrative organisation has the duties and powers to regulate and provide public services and public activities for the benefits of the people in the locality, in accordance with the principle of sustainable development, and to promote and support the provision of education for the people in the locality, as provided by law. provision of any public services and public activities that should be the specific duty and power of each form of local administrative organisation or should be carried out mainly by a local administrative organisation, shall be as provided by law. the law shall be consistent with the revenues of the local administrative organisation under paragraph four. such law shall at least contain provisions relating to mechanisms and processes for decentralisation of duties and powers as well as budget and personnel related thereto of the government sector to the local administrative organisation. in providing any public service, or carrying out any public activity, which is within the duties and powers of a local administrative organisation, if joint operation with a private organisation or a state agency, or delegation of operation to a private organisation or a state agency will be more beneficial to the people in the locality than operation by that local administrative organisation, the local administrative organisation may operate jointly with or delegate the operation to a private organisation or a state agency. the state shall undertake to ensure that local administrative organisations have revenues of their own by establishing an appropriate system of taxation and allocation of taxes, as well as promoting and developing means for earning revenues of local administrative organisations. in order to ensure the sufficient implementation of paragraph one, during the period in which the undertaking has not yet been possible, the state shall allocate budget to support local administrative organisations for the time being. the law under paragraph one and the law relating to local administration shall provide for independence of local administrative organisations in respect of management, provision of public services, promotion and support of education, public finance, and for the supervision and monitoring of local administrative organisations which may be done only insofar as is necessary to protect the interests of the people in the locality or the interests of the country as a whole to prevent corruption and for the efficient spending of funds, while having regard to the suitability and difference of each form of local administrative organisations. such laws shall also contain provisions on prevention of conflict of interest and prevention of interference to the performance of duties of local officials. section 251 the personnel management of local administrative organisations shall be as provided by law, provided that a merit system shall be adopted and due regard shall be had to suitability to and necessity of each locality and each form of local administrative organisation, and conformity of standards, with a view to enabling mutual development and personnel reassignment among local administrative organisations. section 252 members of a local assembly shall be elected. local administrators shall be elected or shall be installed by the approval of a local assembly, or in the case of special form of local administrative organisation, may be by any other means, provided that due regard shall also be had to public participation, as provided by law. the qualifications of persons having the right to vote and persons having the right to stand as a candidate in an election and rules and procedures on election of members of local assemblies and local administrators shall be as provided by law, provided that due regard shall also be had to the intent to prevent and suppress corruption in accordance with the directive principles provided in the constitution. section 253 in the performance of work, local administrative organisations, local assemblies and local administrators shall disclose information and report the result of performance to the public, and shall also establish mechanisms to enable the participation of people in the locality, in accordance with the rules and procedures prescribed by law. section 254 persons having the right to vote in a local administrative organisation have the right to sign a joint petition for introducing an ordinance or for removing a member of a local assembly or a local administrator in accordance with the rules, procedures and conditions prescribed by law. chapter xv. amendment to the constitution section 255 an amendment to the constitution which amounts to changing the democratic regime of government with the king as head of state or changing the form of the state shall be prohibited. section 256 subject to section 255, amendment to the constitution may be made under the rules and procedures as follows: a motion for amendment must be proposed either by the council of ministers, or by members of the house of representatives comprising not less than one-fifth of the total numbers of existing members of the house of representatives, or by members of both houses comprising not less than one-fifth of the total number of existing members thereof, or by not less than fifty thousand persons who have the right to vote as per the law on the public submission of a bill; a motion for amendment must be proposed in the form of a draft constitution amendment to the national assembly, and the national assembly shall consider it in three readings; voting in the first reading for adoption of principle shall be by roll call and open voting, and the amendment must be approved by the votes of not less than one-half of the total number of existing members of both houses, provided that in this number, senators comprising not less than one-third of the total number of existing members of the senate must vote for approval; in the second reading for section-by-section deliberation, voting in the second reading shall be decided by a majority of votes, but in the case where the draft constitution amendment is proposed by the people, the persons signing the petition shall also be given opportunities to express their opinions; at the conclusion of the second reading, there shall be an interval of fifteen days after which the national assembly shall proceed with its third reading; voting in the third and final reading shall be by roll call and open voting, and promulgation of the constitution must be approved by the votes of more than one-half of the total number of the existing members of both houses, provided that in this number, members of the house of representatives from political parties whose members do not hold the positions of minister, president or vice-president of the house of representatives must vote for approval in the number of not less than twenty per cent of the total number of members of all such political parties combined, and senators comprising not less than one-third of the total number of existing members of the senate must vote for approval; after resolution of approval has been passed under (6), there shall be an interval of fifteen days after which the draft constitution amendment shall be presented to the king, and the provisions of section 81 shall apply mutatis mutandis; in the case where the draft constitution amendment is an amendment to chapter i general provisions, chapter ii the king or chapter xv amendment to the constitution, or a matter relating to qualifications and prohibitions of persons holding the positions under this constitution, or a matter relating to duties or powers of the court or an independent organ, or a matter which renders the court or an independent organ unable to act in accordance with its duties or powers, before proceeding in accordance with (7), a referendum shall be held in accordance with the law on referendum, and if the referendum result is to approve the draft constitution amendment, further proceedings shall then be taken in accordance with (7); before the prime minister reports to the king for signature pursuant to (7), members of the house of representatives, senators or members of both houses comprising not less than one-tenth of the total number of existing members of each house or of both houses, as the case may be, have the right to sign a joint petition submitting their opinions to the president of the house in which they are members or the president of the national assembly, as the case may be, that the draft constitution amendment under (7) is contrary to section 255 or is of the characteristic under (8). the president of the house who receives such petition shall submit the opinions to the constitutional court. the constitutional court shall render a decision within thirty days from the date the petition is received. while the petition is under consideration for decision by the constitutional court, the prime minister may not present such a draft constitution amendment to the king for signature. chapter xvi. national reform section 257 national reform under this chapter must be carried out to achieve the following objectives: the nation enjoys peace and order, unity and solidarity, sustainable development in accordance with the philosophy of sufficiency economy, and a balance between material and spiritual development; the society is peaceful and fair, and provides comparable opportunities to eliminate disparity; the people are happy, have good quality of life, and participate in development of the country and democratic regime of government with the king as head of state. section 258 national reform in various areas shall be carried out to at least achieve the following results: politics: ensuring that people have correct knowledge and understanding on the democratic regime of government with the king as head of state, that people participate in the organisation of political activities as well as the scrutiny of exercise of state powers, that they are able to tolerate different bona fide political views, and that the people exercise the right to vote in an election and in a referendum independently and free from influence by any mean; ensuring that activities of political parties are organised in an open and transparent manner to enable political parties to develop into political institutions of the people who share a common political ideology, and have clear and concrete processes to ensure that members of the political party truly participate and are accountable for political activities and the selection of persons with knowledge, competence, integrity and good morality and ethics to be persons holding political positions; having a mechanism to determine accountability of a political party for promoting policies that have not been subjected to a thorough assessment of impact, cost effectiveness and risk; having a mechanism that requires persons holding political positions to perform duties with integrity and to be held accountable to the public in the performance of their duties; having a mechanism to resolve political conflicts by peaceful means in accordance with the democratic regime of government with the king as head of state; administration of state affairs: ensuring that suitable technology is applied to the administration of state affairs and provision of public services for the benefit of the administration of state affairs and for the convenience of the people; integrating databases of all state agencies to provide a data system for the administration of state affairs and the provision of services to the people; improving and developing the structure and system for the management of state operations and manpower planning for the public sector to promptly respond to changes and new challenges, provided that the undertakings must be carried out in a manner compatible with the different missions of each state agency; improving and developing personnel management of the public sector with a view to incentivising persons genuinely having knowledge and competence to work in state agencies and to be able to attain career advancement in accordance with each person’s competence and achievements, be persons of integrity with courage to make decisions and act righteously while having more regard to public interest than to personal interest, and be creative persons capable of developing new innovations for the purpose of efficiency in the discharge of official functions and administration of state affairs, and having measures to protect personnel in the public sector from abuse of power by their superior officials; improving the procurement system of the public sector so as to be flexible, open and transparent with a mechanism to prevent corruption at every stage; law: having a mechanism for revising laws, regulations, rules or bylaws in force prior to the date of the promulgation of this constitution so as to be consistent with the principles under section 77, and to develop them to be in conformity with universal standards, by providing for the application of permit systems and committee systems only insofar as is necessary for flexibility in the performance of functions, with a clear responsible authority and without imposing undue burden on the people, to increase competitiveness of the country and to prevent dishonest acts and wrongful conducts; reforming the system of legal learning, instruction and education with a view to developing legal practitioners into well-informed persons who have a legal mindset and who adhere to the morality and ethics of lawyers; developing a legal database system of the state by using various technologies with a view to enabling the public to conveniently access legal information and to easily understand the substances of the laws; establishing a mechanism to give assistance to the people in the preparation and proposal of draft laws; justice process: ensuring that time limits for justice process at every stage are clearly specified so that justice is delivered to the people without delay, and that there is a mechanism to aid persons with insufficient means in having access to justice process, as well as the establishment of a mechanism for strict enforcement of law with a view to reducing disparity and injustice in society; improving the system of criminal inquiry by providing a proper check and balance between inquiry officials and state attorneys, by clearly specifying time limits for the performance of duties of all relevant officials so as to avoid the preclusion of action by prescription and to promote public trust in the performance of duties of inquiry officials and state attorneys in the course of criminal inquiry, as well as by requiring the use of forensic science in an inquiry and providing forensic science service through more than one agency which are independent of each other to ensure that the public has alternatives to such services for the proving of facts; promoting and developing the organisational culture of relevant organisations in the justice process with a view to facilitating convenient and expeditious justice for the people; enforcing laws efficiently by making appropriate amendments and revisions to the law relating to duties, powers and missions of police, and amending and revising the law relating to personnel management of police officials to secure efficiency, to guarantee that police officials receive appropriate remuneration, that appointment and transfer thereof are handled with fairness, and that the consideration of allowances and merits is done clearly in accordance with a merit system; in the consideration for appointment and transfer, regard must be had to seniority in combination with knowledge and competence in order that police officials can perform the duties independently, without being under the mandate of any person, efficiently, and with pride in the performance of their duties; education: ensuring the commencement of care and development of young children prior to education under section 54 paragraph two with a view to developing their physical body, mind, discipline, emotion, society and intelligence in accordance with their age free of charge; completing the enactment of a law for the establishment of a fund under section 54 paragraph six within one year from the date of the promulgation of this constitution; having a mechanism and a system for producing, screening and developing teaching professionals and instructors to engender a spiritual mindset of being a teacher, to possess genuine knowledge and competence, and to receive remunerations appropriate to their teaching competence and efficiency, as well as having a mechanism to promote a merit system in the personnel management of teaching professionals; improving learning and instruction at every level so that students are able to study according to their aptitudes, and improving the structure of relevant agencies with a view to uniformly achieving such a goal at both national level and local level; economy: eliminating obstacles and promoting the competitiveness of the country in order that the nation and the people benefit from participation in various economic groups in a sustainable and resilient manner; establishing a mechanism to promote and support the application of creative ideas and modern technology in the economic development of the country; improving the taxation system with a view to promoting fairness, reducing disparity, increasing state revenues from various sources in an efficient manner, and improving the system for preparing and expending budgets to be efficient and effective; establishing a mechanism to promote cooperatives and business operators of all sizes to ensure their appropriate competitiveness and to promote social enterprises and environment-friendly enterprises, as well as establishing a mechanism to increase opportunities for employment and occupation of the people; other areas: having a water resource management system which is efficient, fair and sustainable, with due regard given to every dimension of water demand in combination with environmental and climate change; ensuring a fair distribution of land holding, as well as an examination of ownership and holding of land throughout the country with a view to systemically solving the problems of land ownership and possessory rights; establishing a system for managing and disposing solid waste in an efficient and environment-friendly manner, and for recovering such waste for use for other purposes; adjusting the health security system in order that the people are granted comparable rights and benefits from the management thereof and from access to quality and convenient service; establishing a primary health care system in which there are family physicians to care for the people in an appropriate proportion. section 259 subject to section 260 and section 261, national reform under this chapter shall be in accordance with the law on plans and processes for implementation of national reform, which must at least contain procedures for the preparation of plans, participation by the public and relevant agencies, processes for implementing national reform, the evaluation of results of implementation, and a time period for implementing every area of the national reform. such law shall stipulate that the implementation of each area of reform shall commence within one year from the date of the promulgation of this constitution, as well as stipulate the outcomes expected to be achieved within a period of five years. the enactment of the law under paragraph one and the promulgation thereof shall be executed within one hundred and twenty days from the date of the promulgation of this constitution. while the law under paragraph one has not yet come into force, state agencies shall implement the reforms based upon their existing duties and powers for the time being. section 260 in the amendment to and revision of laws under section 258 d. justice process (4), there shall be one committee appointed by the council of ministers consisting of: a qualified member with evident knowledge, integrity and equity who has never been a police official, as the chairperson; persons who are or were police officials, which must at least include the commissioner-general of the royal thai police, in the number prescribed by the council of ministers, as members; qualified members with evident knowledge, integrity and equity, and who have not been police officials, in the same number as the members under (2), as members; permanent secretary of the ministry of finance, permanent secretary of the ministry of interior, permanent secretary of the ministry of justice, secretary-general of the court of justice and attorney-general, as members. the committee under paragraph one shall complete its undertaking within one year from the date of the promulgation of this constitution. upon the expiration of the time limit under paragraph two, if the amendment to and revision of such laws have not been completed, the appointment and transfer of police officials shall be carried out on the basis of seniority in accordance with the rules prescribed by the council of ministers and published in the government gazette. section 261 in respect of the reform under section 258 e. education, there shall be one independent committee appointed by the council of ministers to carry out studies and prepare relevant recommendations and draft laws for achieving the goal, and to present them to the council of ministers for implementation. the council of ministers shall complete the appointment of the committee under paragraph one within sixty days from the date of the promulgation of this constitution, and the committee shall complete the studies and preparation of the recommendations and draft laws and present them to the council of ministers within two years from the date of appointment. transitory provisions section 262 the privy council holding office on the date of the promulgation of this constitution shall be the privy council under the provisions of this constitution. section 263 pending the formation of the house of representatives and the senate under this constitution, the national legislative assembly established under the constitution of the kingdom of thailand (interim), b.e. 2557 (2014) shall continue to act as the national assembly, the house of representatives and the senate, and the members of the national legislative assembly holding office on the day prior to the date of promulgation of this constitution shall act as members of the house of representatives or senators, respectively, under the provisions of this constitution. the national legislative assembly and membership thereof shall terminate on the day prior to the date of convocation of the first sitting of the national assembly after the general election held under this constitution. apart from having the qualifications and not being under any of the prohibitions under the constitution of the kingdom of thailand (interim), b.e. 2557 (2014), members of the national legislative assembly must also have the qualifications, and must neither be under any of the prohibitions nor be subject to the grounds for termination of membership as provided for members of the house of representatives and senators under this constitution, as follows: section 98, except (3), (12), (13), (14) and (15); section 101, except: the case under (6) only in the part relevant to section 98, except (3), (12), (13), (14) and (15); the case under (7) only in the case where the member of the national legislative assembly is a state official acting in accordance with the duties and powers under the law or lawful order, and in the part relevant to section 184 (1); section 108, except a. qualifications (3) and (4) and b. prohibitions (1), (2) and (7); however, the case under (1) does not include the part relevant to section 98 (3) and (15). section 112 shall not apply to the holding of the position of minister by a member of the national legislative assembly. the provisions of any law which prohibit a person from holding a political position shall not apply to the holding of a ministerial position under section 264, the position of a political official appointed for the purpose of the performance of duties of the council of ministers under section 264 or for the purpose of the performance of duties of the national council for peace and order under section 265, or a member of the national legislative assembly under this section. while the national legislative assembly is acting as the national assembly, the house of representatives and the senate under paragraph one, the powers of the president of the national assembly, president of the house of representatives and president of the senate under this constitution or the law shall be the powers of the president of the national assembly. while the national legislative assembly is performing duties under paragraph one, if a position becomes vacant, the head of the national council for peace and order may report to the king for appointing a person who has the qualifications and is not under any of the prohibitions under paragraph two as a member of the national legislative assembly. in the first general election subsequent to the date of the promulgation of this constitution, a member of the national legislative assembly may not stand as a candidate for a member of the house of representatives, except by vacating office of the member of the national legislative assembly within ninety days from the date of promulgation of this constitution. section 264 the council of ministers administering state affairs on the day prior to the date of promulgation of this constitution shall be the council of ministers under the provisions of this constitution until the new council of ministers appointed subsequent to the first general election under this constitution assumes its duties. the provisions in section 263 paragraph three shall apply to the holding of position of minister mutatis mutandis. apart from having the qualifications and not being under any of the prohibitions under the constitution of the kingdom of thailand (interim), b.e. 2557 (2014), the minister under paragraph one must not be under any of the prohibitions provided for a minister under section 160, except (6) only in the part relevant to section 98 (12), (13), (14) and (15), and must vacate office pursuant to section 170, except for (3) and (4); however, in the case under (4), only in the part relating to section 98 (12), (13), (14) and (15), and except for section 170 (5) only in the part relating to the undertaking under section 184 (1). an appointment of a minister during the time period under paragraph one shall be carried out in accordance with the constitution of the kingdom of thailand (interim), b.e. 2557 (2014) as amended by the constitution of the kingdom of thailand (interim), b.e. 2557 amendment (no. 1), b.e. 2558 (2015) and the constitution of the kingdom of thailand (interim), b.e. 2557 amendment (no. 2), b.e. 2559 (2016). however, the minister must not be under any of the prohibitions under paragraph two. the provisions in section 263 paragraph seven shall also apply to an application to stand as a candidate in an election of a member of the house of representatives of the minister under paragraph one and paragraph three mutatis mutandis. section 265 the national council for peace and order holding office on the day prior to the date of promulgation of this constitution shall remain in office to perform duties until the new council of ministers appointed subsequent to the first general election under this constitution takes office. while performing the duties under paragraph one, the head of the national council for peace and order and the national council for peace and order shall continue to have the duties and powers as provided in the constitution of the kingdom of thailand (interim), b.e. 2557 (2014) as amended by the constitution of the kingdom of thailand (interim), b.e. 2557 amendment (no. 1), b.e. 2558 (2015) and the constitution of the kingdom of thailand (interim), b.e. 2557 amendment (no. 2), b.e. 2559 (2016); the provisions of the constitution of the kingdom of thailand that pertain to the powers of the head of the national council for peace and order and the national council for peace and order shall be deemed to remain in force. the provisions in section 263 paragraph seven shall also apply to an application to stand as a candidate in an election of a member of the house of representatives of a person holding office in the national council for peace and order mutatis mutandis. section 266 the national reform steering assembly shall continue to perform duties for the time being to prepare recommendations relating to the steering of national reform until there is a law on plans and processes for the implementation of national reform enacted in accordance with section 259. for the purpose of steering national reform, the head of the national council for peace and order may restructure or adjust work methods of the national reform steering assembly so as to enhance the efficiency of national reform pursuant to chapter xvi national reform. the provisions in section 263 paragraph seven shall also apply to an application to stand as a candidate in an election of a member of the house of representatives of a member of the national reform steering assembly mutatis mutandis. section 267 the constitution drafting committee established under the constitution of the kingdom of thailand (interim), b.e. 2557 (2014) as amended by the constitution of the kingdom of thailand (interim), b.e. 2557 amendment (no. 1), b.e. 2558 (2015) and the constitution of the kingdom of thailand (interim), b.e. 2557 amendment (no. 2), b.e. 2559 (2016) shall continue to perform duties in completing the preparation of the following organic law bills for submission to the national legislative assembly for further consideration and approval: organic act on election of members of the house of representatives; organic act on installation of senators; organic act on election commission; organic act on political parties; organic act on procedures of the constitutional court; organic act on criminal procedure for persons holding political positions; organic act on ombudsmen; organic act on anti-corruption; organic act on state audit; organic act on national human rights commission. in the undertaking under paragraph one, the constitution drafting committee may prepare new drafts of such organic acts or amendments in order to be consistent with the provisions and intent of the constitution with the aim of elimination of all forms of dishonest acts and wrongful conducts, and must complete the undertaking within two hundred and forty days from the date of promulgation of this constitution. when the national legislative assembly has completed the consideration of the organic law bills under paragraph one, the constitution drafting committee shall vacate office, but such vacation must not be later than the vacation of office of members of the national legislative assembly under section 263. for the purposes of performing the undertakings under paragraph one and paragraph two in an efficient and expeditious manner, the constitution drafting committee may request the head of the national council for peace and order to appoint additional members of the constitution drafting committee. however, the total number of the members must not exceed thirty persons. in considering the organic law bills under paragraph one, upon receiving an organic law bill from the constitution drafting committee, the national legislative assembly must complete the consideration thereof within sixty days from the date on which each organic law bill is received. in the case where the national legislative assemble fails to complete the consideration of an organic law bill within such time period, it shall be deemed that the national legislative assembly approves the organic law bill as submitted by the constitution drafting committee. when the national legislative assembly has completed the consideration of an organic law bill, it shall submit that organic law bill to the constitutional court or the relevant independent organ and the constitution drafting committee for consideration. if the constitutional court, or the relevant independent organ or the constitution drafting committee is of the opinion that such organic law bill does not conform to the intent of the constitution, it shall notify the president of the national legislative assembly within ten days from the date of receipt of that organic law bill. the national legislative assembly shall appoint one ad hoc committee consisting of eleven members, viz. the president of the constitutional court or the president of the relevant independent organ, five members of the national legislative assembly and five members of the constitution drafting committee entrusted by the constitution drafting committee. the committee shall consider the organic law bill and thereafter propose it to the national legislative assembly for approval within fifteen days from the date of appointment. if the national legislative assembly passes a resolution of disapproval by the votes of more than two-thirds of the total number of the existing members of the national legislative assembly, that organic law bill shall lapse. in the case where the national legislative assembly passes a resolution with the votes not exceeding two-thirds thereof, it shall be deemed that the national legislative assembly has approved the draft as proposed by the ad hoc committee, and further proceedings under section 81 shall be taken. for the purpose of eliminating conflicts of interest, members of the constitution drafting committee shall be prohibited from holding any political position for two years from the date of vacation of office under paragraph two. section 268 an election of members of the house of representatives under this constitution shall be held and completed within one hundred and fifty days from the date the organic acts under section 267 (1), (2), (3) and (4) come into force. section 269 during the initial period, the senate shall consist of two hundred and fifty members appointed by the king upon the advice of the national council for peace and order. selection and appointment shall conform to the following rules and procedures: there shall be one senator selection committee consisting of not fewer than nine but not exceeding twelve persons, appointed by the national council for peace and order from persons with knowledge and experience in various areas who are politically impartial, having the duties of nominating suitable persons for appointment as senators. the nomination shall be in accordance with the following rules and procedures: the election commission shall select two hundred senators pursuant to section 107 in accordance with the organic act on installation of senators. this shall be completed not less than fifteen days prior to the date of election of members of the house of representatives under section 268. the election commission shall thereafter present the list of names to the national council for peace and order. the senator selection committee shall select no more than four hundred persons who have appropriate knowledge and competence deemed beneficial to the performance of duties of the senate and national reform in accordance with the procedure prescribed by the senator selection committee, and shall thereafter present the list of names to the national council for peace and order. this shall be completed no later than the time period prescribed by (a). the national council for peace and order shall select fifty persons selected under (a) from the list of names received from the election commission and select fifty alternates therefrom, with due and thorough consideration given to persons from different groups. the national council for peace and order shall also select one hundred and ninety-four persons from the list of names received from the selection under (b) to be combined with the permanent secretary of the ministry of defence, the supreme commander, the commander-in-chief of the royal thai army, the commander-in-chief of the royal thai navy, the commander-in-chief of the royal thai air force and the commissioner-general of the royal thai police, totaling two hundred and fifty persons. in addition, the national council for peace and order shall select fifty alternates from the list of names received from the selection under (b). these undertakings shall be completed within three days from the date on which the result of the election for members of the house of representatives under section 268 is announced. the provisions of section 108 b. prohibitions (6) in the part relevant to the past holding of the position of minister shall not apply to the persons holding the positions of senator selected under (1) (b); and, section 108 b. prohibitions (2), section 184 (1) and section 185 shall not apply to the persons appointed to be ex officio senators. the national council for peace and order shall respectfully present the list of names of such two hundred and fifty persons selected under (1) (c) to the king for appointment, and the head of the national council for peace and order shall countersign the royal command. the term of the senate under this section shall be five years from the date of appointment by the royal command. membership of the senate commences on the date of appointment by the royal command. if a position becomes vacant, the next person in sequential order in the alternate list under (1) (c) shall be elevated to be a senator to fill the vacancy. the president of the senate shall take action and countersign the royal command. an ex officio senator shall also vacate office of senator upon vacating from the position held at the time of appointment as a senator, and proceedings shall be taken to appoint the person holding the position to be the ex officio senator. a senator appointed to fill the vacancy shall hold office for the remaining term of the senate; while the royal command appointing a person from the alternate list as a senator to fill the vacancy under (4) has not yet been issued, or in the case where there is no person left in the alternate list or there is no person holding office of ex officio senator due to any reason, the senate shall consist of the existing senators. upon expiration of the term of the senate in accordance with (4), the proceedings for selection of senators under section 107 shall be taken. the provisions in section 109 paragraph three shall apply mutatis mutandis. section 270 apart from the duties and powers provided in the constitution, the senate under section 269 shall have the duty and power to monitor, recommend and accelerate national reform in order to achieve the objectives under chapter xvi national reform, and the preparation and implementation of the national strategy. in this regard, the council of ministers shall report the progress of implementing the national reform plan to the national assembly every three months. the bill to be enacted for the implementation of chapter xvi national reform shall be submitted to and considered by the joint sitting of the national assembly. when the council of ministers deems any bill as a bill to be enacted for the implementation of chapter xvi national reform, it shall notify the president of the national assembly and submit such bill thereto. in the case where the council of ministers does not notify that the bill is to be enacted for the implementation of chapter xvi national reform, if members of the house of representatives or senators deem that such bill is a bill to be enacted for the implementation of chapter xvi national reform, the members of the house of representatives or senators comprising not less than one-fifth of the members of each house may sign a joint petition to request the president of the national assembly to make a decision thereon. such petition must be submitted prior to the completion of consideration of that bill by the house of representatives or the senate, as the case may be. upon receiving the request under paragraph three, the president of the national assembly shall present the matter to a joint committee consisting of the president of the senate, as the chairperson, and one vice-president of the house of representatives, the leader of the opposition in the house of representatives, one representative from the council of ministers and one chairperson of a standing committee elected by and from chairpersons of all standing committees of the senate, as members, to make a ruling thereon. the ruling of the joint committee under paragraph four shall be made by a majority of votes, and shall be final. the president of the national assembly shall proceed in accordance therewith. section 271 during the initial period within the term of the senate under section 269, the consideration of a bill withheld by the senate or the house of representatives under section 137 (2) or (3) shall be done by a joint sitting of the national assembly, if such bill relates to: amendment to penalties or elements of malfeasances in public office or in judicial office, or offences of officials in an organisation or agency of the state, if such amendment causes the offender to be exonerated from the offence or be excused from the penalty; a bill that the senate has resolved, with a vote of not less than two-thirds of the total number of existing members, that such bill seriously affects the administration of justice. the resolution of the joint sitting of the national assembly for approval of the bill under paragraph one must be made by the votes of not less than two-thirds of the total number of existing members of the national assembly. section 272 in the period of five years from the date of installation of the first national assembly under this constitution, an approval of a person suitable to be appointed as the prime minister shall be done in accordance with section 159, except for the consideration and approval under section 159 paragraph one, which shall be done by a joint sitting of the national assembly, and the resolution approving the appointment of any person as the prime minister under section 159 paragraph three must be made by votes of more than one-half of the total number of existing members of both houses. during the time under paragraph one, if a prime minister cannot be appointed from the persons in the lists submitted by political parties under section 88 due to any reason, and members of both houses comprising not less than one-half of the total number of existing members of both houses submit a joint signed petition to the president of the national assembly requesting the national assembly to pass a resolution exempting the nomination of the prime minister from the persons in the lists submitted by political parties under section 88, in such case, the president of the national assembly shall promptly convene a joint sitting of the national assembly. in the case where the national assembly passes a resolution approving the exemption with votes of not less than two-third of the total number of existing members of both houses, the procedure under paragraph one shall be undertaken further, in respect of which the persons in the list submitted by political parties under section 88 may or may not be nominated. section 273 the judges of the constitutional court, the persons holding positions in independent organs and the auditor-general who hold office on the day prior to the date of promulgation of this constitution shall remain in office to perform duties. when the relevant organic acts prepared under section 267 have come into force, the continued holding of office shall be in accordance with such organic acts. in the absence of the organic acts prepared under section 267, the vacation of office of the judges of the constitutional court, the persons holding positions in independent organs and the auditor-general shall be in accordance with the constitution of the kingdom of thailand, b.e. 2550 (2007) and the relevant organic acts or laws. the acts of the constitutional court or independent organs and the auditor general shall be in accordance with the laws in force on the day prior to the date of promulgation of this constitution, insofar as they are not contrary to or inconsistent with the provisions of this constitution. pending the organic act on the procedures of the constitutional court, the hearings and rendering of decisions of the constitution court shall be in accordance with the rules of the constitutional court in force on the day prior to the date of promulgation of this constitution, insofar as they are not contrary to or inconsistent with the provisions of this constitution. section 274 the national broadcasting and telecommunications commission under the act on the organisation for frequency allocations and regulation of radio broadcasting, television broadcasting and telecommunications businesses, b.e. 2553 (2010) shall be the organisation under section 60 paragraph three. the council of ministers shall undertake to amend such act to be in accordance with the provisions of this constitution and propose such amendment to the national legislative assembly for consideration within one hundred and eighty days from the date of promulgation of this constitution. section 275 the council of ministers shall undertake to complete the enactment of the law under section 65 paragraph two within one hundred and twenty days from the date of promulgation of this constitution, and complete the preparation of the national strategy within one year from the date on which such law comes into force. section 276 the constitutional court and independent organs shall undertake to formulate the ethical standards under section 219 within one year from the date of promulgation of this constitution. if the undertaking has not been completed within such period of time, the judges of the constitutional court and the persons holding positions in independent organs shall vacate their office. in the case where the judges of the constitutional court and the persons holding positions in independent organs vacate office under paragraph one, the period of one year under paragraph one shall commence from the date on which the newly appointed judges of the constitutional court and persons holding positions in independent organs assume office. the provisions in paragraph one shall apply to the newly appointed judges of the constitutional court and persons holding positions in independent organs mutatis mutandis. section 277 apart from those specifically provided in this constitution, the council of ministers shall propose the laws for implementing section 196, section 198 and section 248 paragraph three to the national legislative assembly within one year from the date of promulgation of this constitution. pending the revision of or amendment to the laws for implementing section 196, section 198 and section 248 paragraph three, the judicial committee of the courts of justice, the judicial committee of the administrative courts and the state attorney committee existing on the day prior to the date of the promulgation of this constitution shall act as the judicial committee of the courts of justice, the judicial committee of the administrative courts and the state attorney committee under section 196, section 198 and section 248 paragraph three, as the case may be, for the time being. pending the revision of or amendment to the laws for implementing section 248 paragraph four, a state attorney shall be prohibited from holding a position of director in a state enterprise or other undertakings of the state of similar nature, or from holding any position in a partnership, a company or any other undertaking with objects for sharing profits or income, or being an advisor of a person holding a political position, or holding any other position of the same nature. section 278 the council of ministers shall undertake to ensure that the state agencies specified by the council of ministers complete the preparation of necessary draft laws under section 58, section 62 and section 63, and present them to the national legislative assembly within two hundred and forty days from the date of promulgation of this constitution, and the national legislative assembly shall complete its consideration within sixty days from the date of receipt of such bill. in the case where several agencies are involved, the council of ministers shall specify the period of time within which each agency must complete its undertaking in accordance with the necessity of each agency, provided that such period, in total, must not exceed the period of two hundred and forty days under paragraph one. in the case where a state agency under paragraph one fails to complete its undertaking within the period of time under paragraph two, the council of ministers shall order the head of such state agency to vacate office. section 279 all announcements, orders and acts of the national council for peace and order or of the head of the national council for peace and order which are in force on the day prior to the date of promulgation of this constitution or will be issued under section 265 paragraph two, irrespective of their constitutional, legislative, executive or judicial force, as well as the performance of acts in compliance therewith shall be considered constitutional, lawful and effective under this constitution. repeal of or amendment to such announcements or orders shall be made in the form of an act, except in the case of announcements or orders that, in nature, are the exercise of executive power, a repeal or amendment shall be made in the form of an order of the prime minister or a resolution of the council of ministers, as the case may be. all matters recognised as constitutional and lawful by the constitution of the kingdom of thailand (interim), b.e. 2557 (2014) as amended by the constitution of the kingdom of thailand (interim), b.e. 2557 amendment (no. 1), b.e. 2558 (2015) and the constitution of the kingdom of thailand (interim), b.e. 2557 amendment (no. 2), b.e. 2559 (2016), including acts incidental thereto, shall be deemed constitutional and lawful. preamble the sovereign malagasy people, affirming its belief in andriamanitra andriananahary, resolute to promote and to develop its heritage of society living in harmony and respectful of otherness, of the wealth and of the dynamism of its cultural and spiritual values through the « fanahy maha-olona », convinced of the necessity of the malagasy society to recover its originality, its authenticity and its malagasy character, and to inscribe itself in the modernity of the millennium while conserving its traditional fundamental principles and values based on the malagasy fanahy that includes « ny fitiavana, ny fihavanana, ny fifanajàna, ny fitandroana ny aina », and privileging a framework of life allowing a « living together » without distinction of region, of origin, of ethnicity, of religion, of political opinion, or of gender, conscious that it is indispensable to implement a process of national reconciliation, convinced that the fokonolona, organized in fokontany, constitutes a framework of life, of emancipation, of exchange and of participative dialog of the citizen, persuaded of the exceptional importance of the wealth of the fauna, of the flora and of the mining resources of high specificities with which nature has provided madagascar, and that it is important to preserve it for the future generations, declaring that the non-respect for the constitution or its revision with a view to reinforce the power of those governing to the detriment of the interests of the population are the causes of the cyclical crises, considering the geopolitical situation of madagascar and its voluntarist participation in the dialog of nations, and making its own, notably: the international charter of the rights of man; the conventions relative to the rights of the child, to the rights of women, to the protection of the environment, to the social, economical, political, civil and cultural rights, considering that the development of the personality and of the identity of all malagasies is the essential factor of the durable and full development of which the conditions are, notably: the preservation of peace, the practice of solidarity and the duty of preserving the national unity in the implementation of a policy of balanced and harmonious development; the respect for and protection of the fundamental freedoms and rights; the establishment of a state of law by virtue of which those governing and those governed are submitted to the same juridical norms, under the control of an independent justice; the elimination of all forms of injustice, of corruption, of inequality and of discrimination; the rational and equitable administration of the natural resources for the needs of the development of the human being; the good governance in the conduct of public affairs, thanks to transparency in the administration and the accountability of the depositaries of the public power; the separation and the equilibrium of power exercised through democratic procedures; the implementation of effective decentralization, through the granting of the largest autonomy to the decentralized collectivities both at the level of the competences and level of financial means; the preservation of human security. declare: title i. of the fundamental principles article 1 the malagasy people constitute a nation organized as a sovereign, unitary, republican and secular state. this state bears the name of « republic of madagascar » democracy and the principle of the state of law constitute the foundation of the republic. its sovereignty is exercised within the limits of its territory. no one may infringe the territorial integrity of the republic. the national territory is inalienable. the law determines the modalities and the conditions relative to the sale and to the perpetual lease of terrain to the profit of foreigners. article 2 the state affirms its neutrality concerning the different religions. the secularism of the republic is based on the principle of the separation of the affairs of the state and of the religious institutions and of their representatives. the state and the religious institutions prohibit themselves from any infringement of their respective domains. no head of institution nor any member of the government may be part of the directing authority of a religious institution, under penalty of being relieved by the high constitutional court or being removed, of office, from their mandate or their function. article 3 the republic of madagascar is a state based on a system of decentralized territorial collectivities composed of communes, of regions, and of provinces of which the competences and the principles of administrative and financial autonomy are guaranteed by the constitution and defined by the law. article 4 the republic of madagascar has as its motto: « fitiavana – tanindrazana – fandrosoana ». its national emblem is the tricolor flag of white, red, and green, composed of three rectangular bands of equal dimensions, the first vertical of white color on the side of the pole, the other two horizontal, the superior red and the inferior green. the national language is malagasy. the national anthem is « ry tanindrazanay malala ô ! » the capital of the republic of madagascar is antananarivo. the seals of the state and the coat-of-arms of the republic are specified by the law. the official languages are malagasy and french. article 5 sovereignty belongs to the people, source of all power, who exercise it by their representatives elected by universal direct or indirect suffrage, or by way of referendum. no faction of the people, and no individual may arrogate the exercise of the sovereignty. the organization and the administration of all the electoral operations arise within the competence of an independent national structure. the law organizes the modalities of functioning of that structure. all nationals of the two sexes enjoying the exercise of their civil and political rights are electors within the conditions determined by the law. the quality of being elector is lost only by a decision of justice becoming definitive. article 6 the law is the expression of the general will. it is the same for all, whether it protects, it obligates or it punishes. all individuals are equal before the law and enjoy the same fundamental freedoms protected by the law without discrimination founded on gender, the level of instruction, wealth, origin, religious belief or opinion. the law favors the equal access and the participation of women and men in public employment and to the functions in the domain of the political, economical and social life. title ii. of the freedoms, the rights and the duties of the citizens sub-title i. of the civil and political rights and duties article 7 the individual rights and the fundamental freedoms are guaranteed by the constitution and their exercise is organized by the law. article 8 the right of all persons to life is protected by the law. no one may be arbitrarily deprived of life. death is not considered as inflicted in violation of this article in the cases where it would result from recourse to the force rendered absolutely necessary, in view of assuring the defense of all persons against illegal violence. no one may be submitted to torture or to cruel, inhuman or degrading penalties or treatments. in particular, it is prohibited to submit a person without their free consent to a medical or scientific experiment. article 9 all persons have the right to liberty and may not be subject to arrest or arbitrary detention. no one may be prosecuted, arrested or detained except in cases determined by the law and accordingly to the forms prescribed by it. any individual made a victim of illegal arrest or detention has the right to reparation. article 10 the freedoms of opinion and of expression, of communication, of the press, of association, of assembly, of circulation, of conscience and of religion are guaranteed to all and may only be limited by the respect for the freedoms and rights of others, and by the imperative of safeguarding the public order, the national dignity and the security of the state. article 11 any individual has the right to information. information under all its forms is not submitted to any prior constraint, except that which infringes the public order and the morality. the freedom of information, whatever the medium, is a right. the exercise of this right includes duties and responsibilities, and is submitted to certain formalities, conditions, or sanctions specified by the law, which are the measures necessary in a democratic society. all forms of censorship are prohibited. the law organizes the exercise of the profession of journalist. article 12 any resident malagasy has the right to leave the national territory and to return to it within the conditions established by the law. all individuals have the right to circulate and to establish themselves freely on all the territory of the republic within respect for the rights of others and the prescriptions of the law. article 13 any individual is assured of the inviolability of their person, their domicile and of the secrecy of their correspondence. no search may take place except by virtue of the law and on written order of the competent judicial authority, except in the case of flagrante delicto. no one may be punished except by virtue of a law promulgated and published prior to the commission of the punishable act. no one may be punished twice for the same act. the law assures to all the right that justice will be rendered, and that insufficiency of resources will not be an obstacle. the state guarantees the plenitude and the inviolability of the rights to defense before all the jurisdictions and at all the stages of the procedure, including that of the preliminary investigation, and at the level of the judicial police or of prosecution. all moral pressure and/or all physical brutality to apprehend a person or to keep them in detention is prohibited. all defendants or accused have the right to the presumption of innocence until their guilt has been established by a decision of justice becoming definitive. preventive detention is an exception. article 14 any person has the right to freely constitute associations, under reserve of conforming themselves to the law. this same right is recognized for the creation of political parties. the conditions of their creation are determined by a law on political parties and their financing. the associations and the political parties that jeopardize the unity of the nation and the republican principles, and that advocate totalitarianism or segregation of ethnic, tribal or religious character, are prohibited. the parties and political organizations participate in the expression of the suffrage. the constitution guarantees the right of democratic opposition. after each legislative election, the political groups of the opposition appoint a head of the opposition. in default of agreement, the head of the political group of the opposition having obtained the greatest number of the suffrage expressed at the moment of the vote is considered as the official head of the opposition. the status of the opposition and of the parties of the opposition, recognized by this constitution and giving them notably an institutional framework to express themselves, is determined by the law. article 15 any citizen has the right to be a candidate to the elections specified by this constitution, under reserve of the conditions established by the law. article 16 in the exercise of the rights and freedoms recognized by this constitution, all individuals are held to the duty of respect for the constitution, the institutions, the laws and the regulations of the republic. sub-title ii. of the economical, social and cultural rights and duties article 17 the state protects and guarantees the exercise of the rights that assure the individual the integrity and the dignity of their person, and their full physical, intellectual and moral development. article 18 the national legal service is a duty of honor. its accomplishment does not infringe the position of work of the citizen or the exercise of the political rights of the citizen. article 19 the state recognizes and organizes for all individuals the right to the protection of health from their conception through the organization of free public health care, which gratuitousness results from the capacity of the national solidarity. article 20 the family, natural and fundamental element of the society, is protected by the state. all individuals have the right to found a family and to transmit by inheritance their personal assets. article 21 the state assures the protection of the family for its free development as well as that of the mother and the child through a legislation and the appropriate social institutions. article 22 the state engages itself to take the necessary measures in view to assure the intellectual development of every individual, without other limitation than the aptitudes of each one. article 23 every child has the right to instruction and to education under the responsibility of the parents within respect for their freedom of choice. the state engages itself to develop professional training. article 24 the state organizes a public education, gratuitous and accessible to all. primary education is obligatory for all. article 25 the state recognizes the right to private education and guarantees this freedom of education under reserve of the equivalence of the conditions of education in the matters of hygiene, of morality and of the level of training established by the law. these establishments of private education are submitted to a fiscal regime within the conditions established by the law. article 26 all individuals have the right to participate in the cultural life of the community, in scientific progress and in the well-being resulting from them. the state, assures, with the participation of the decentralized territorial collectivities, the promotion and the protection of the national cultural patrimony as well as of scientific, literary and artistic production. the state, with the participation of the decentralized territorial collectivities, guarantees the right of intellectual property. article 27 work and professional training are, for all citizens, a right and a duty. access to the public functions is open to all citizens without other conditions that those of capacity and aptitude. nevertheless, the recruitment in the public function may be accompanied by contingencies per circumscription for a time period for which the duration and the modalities will be determined by the law. article 28 no one may be prejudiced in their work or in their employment for reason of gender, of age, of religion, of opinions, of origins, of belonging to a trade-union or of political convictions. article 29 every citizen has the right to a fair remuneration for their work assuring them, as well as their family, an existence in conformity with human dignity. article 30 the state makes an effort to overcome the needs of every citizen who, for reason of their age or their physical or mental incompetence, find themselves in an incapacity to work, notably through the intervention of institutions or organs with a social character. article 31 the state recognizes the right of every worker to defend their interests through syndical action and in particular through the freedom to form a trade-union. the affiliation to a trade-union is free. article 32 every worker has the right to participate, notably by the intermediary of their delegates, to the determination of the rules and of the conditions of work. article 33 the right to strike is recognized, without it being possible to infringe the continuity of the public service or the fundamental interests of the nation. the other conditions for exercising this right are established by the law. article 34 the state guarantees the right to individual property. no one may be deprived of it except by way of expropriation for cause of public utility and subject to a fair and prior indemnification. the state assures the facility of access to land property through the appropriate juridical and institutional provisions and a transparent administration of the information concerning land. article 35 the state facilitates the access of the citizens to housing through appropriate financing mechanisms. article 36 the participation of each citizen in the public expenditures must be progressive and calculated as a function of their contributive capacity. article 37 the state guarantees the freedom of enterprise within the limit of the respect for the general interest, the public order, morality and the environment. article 38 the state guarantees the security of capital and of investments. article 39 the state guarantees the political neutrality of the administration, of the armed forces, of justice, of the police, of teaching and of education. it organizes the administration to the end of avoiding any act of waste and of diversion of the public funds to personal or political ends. title iii. of the organization of the state article 40 the institutions of the state are: the president of the republic and the government; the national assembly and the senate; the high constitutional court. the supreme court, the courts of appeal and the jurisdictions attached to them as well as the high court of justice exercise the jurisdictional function. article 41 the law determines the amount, the conditions and the modalities of the attribution of the indemnities granted to the notable persons called to exercise a public mandate, to accomplish functions or to effect missions within the institutions specified by this constitution. prior to the accomplishment of the functions or the missions and to the exercise of a mandate, all the notable persons referred to in the preceding paragraph present to the high constitutional court a declaration of their patrimony. with the exception of their rights and under penalty of forfeiture, none of the notable persons referred to in article 40 may accept from a physical or juridical person, foreign or national, emoluments or compensations within the framework of their functions. the law establishes the modalities for the application of these provisions, notably in that which concerns the determination of the rights, of the emoluments and of the compensations as well as the procedure of forfeiture. article 42 the functions at the service of the institutions of the state shall not constitute a source of illicit enrichment or a means to serve private interests. article 43 the high council for the defense of democracy and of the state of law is responsible for observing the respect for the ethic of power, of democracy and of the respect for the state of law, and to control the promotion and the protection of human rights. the law establishes the modalities relative to the composition, the organization and the functioning of the high council. sub-title i. of the executive article 44 the executive function is exercised by the president of the republic and the government. chapter i. of the president of the republic article 45 the president of the republic is the head of state. he is elected by universal direct suffrage for a mandate of five years renewable one sole time. he is the guarantor, by his arbitration, of the regular and continuous functioning of the public powers, of the national independence and of the territorial integrity. he sees to the safeguarding and to the respect for the national sovereignty both in the interior and in the exterior. he is the guarantor of the national unity. the president of the republic assures his missions within the framework of the powers conferred on him by this constitution. article 46 any candidate to the functions of president of the republic must be of malagasy nationality, enjoy their civil and political rights, be at least thirty-five years old at the date of the closure of the presentation of the candidatures, and reside on the territory of the republic of madagascar for at least six months before the day of the deadline established for the presentation of the candidatures. the president of the republic in office who stands as a candidate to the presidential elections resigns from his position sixty days before the date of the presidential ballot. in this case, the president of the senate exercises the current presidential attributions until the investiture of the new president. in the case that the president of the senate stands as a candidate himself, the functions of head of the state are exercised by the government, jointly. to use for ends of electoral propaganda, the means or the prerogatives that they have at their disposal because of their functions, is prohibited to all notable persons exercising a public mandate or accomplishing functions within the institutions and who are candidates to the presidential election. the violation, should that be declared by the high constitutional court, constitutes a cause for invalidation of the candidature. article 47 the election of the president of the republic takes place thirty days at least and sixty days at most before the expiration of the mandate of the president in office. in the cases specified in articles 52 and 132 of this constitution, those time periods run after the declaration of the vacancy by the high constitutional court. the election takes place at the first round with the absolute majority of the suffrage expressed. if this is not obtained, the president of the republic is elected in the second round by the majority of the suffrage expressed between the two candidates having obtained the greatest number of votes in the first round. the second round takes place thirty days at most after the official proclamation of the results of the first round. in the case of death of one of the candidates before a round of the ballot, or if another case of force majeure occurs, duly declared by the high constitutional court, the election is postponed to a new date within the conditions and according to the modalities that will be specified by an organic law. the president in office who is a non-candidate to the elections remains in office, until the investiture of his successor within the conditions specified in article 48. article 48 the official transfer of power is made between the outgoing president and the newly elected president. before entering into his function, the president of the republic, in solemn audience of the high constitutional court, before the nation, and in the presence of the government, of the national assembly, of the senate and of the supreme court, takes the following oath: "eto anatrehan'andriamanitra andriananahary sy ny firenena ary ny vahoaka, mianiana aho fa hanantanteraka an tsakany sy an davany ary amim -pahamarinana ny andraikitra lehibe maha filohan'ny firenena malagasy ahy. mianiana aho fa hampiasa ny fahefana natolotra ahy ary hanokana ny heriko rehetra hiarovana sy hanamafisana ny firaisam-pirenena sy ny zon'olombelona. mianiana aho fa hanaja sy hitandrina toy ny anakandriamaso ny lalàmpanorenana sy ny lalàm-panjakana, hikatsaka hatrany ny soa ho an'ny vahoaka malagasy tsy ankanavaka". the presidential mandate commences from the day of the taking of the oath. article 49 the functions of president of the republic are incompatible with any elective public function, any other professional activity, any activity within a political party, a political group, or an association, and the exercise of responsibility within a religious institution. all violation of the provisions of this article, declared by the high constitutional court, constitutes a reason for definitive impediment of the president of the republic. article 50 the temporary impediment of the president of the republic is declared by the high constitutional court, referred to the matter by the national assembly, deciding by a majority of two-thirds of its members, for cause of physical or mental incapacity to exercise his functions, duly established. in the case of temporary impediment, the president of the senate provisionally exercises the functions of head of state. article 51 the high constitutional court on referral to the matter by the parliament decides on the lifting of the temporary impediment. the temporary impediment may not exceed a time period of three months, after which the high constitutional court, on referral to the matter by the parliament deciding by separate vote of each of the assemblies and with a majority of two-thirds of its members, may decide on the transformation of the temporary impediment into a permanent impediment. article 52 following resignation, abandonment of the power in whatever form that may be, death, permanent incapacity or declared forfeiture, the vacancy of the presidency of the republic is declared by the high constitutional court. from the declaration of the vacancy of the presidency, the functions of the head of state are exercised by the president of the senate. in the case of impediment of the president of the senate declared by the high constitutional court, the functions of head of the state are exercised jointly by the government. article 53 after the declaration by the high constitutional court of the vacancy of the presidency of the republic, it proceeds to the election of a new president of the republic within a time period of 30 days at least and 60 days at most, in accordance with the provisions of articles 46 and 47 of the constitution. during the period running from the declaration of the vacancy to the investiture of the new president of the republic, or to the lifting of the temporary impediment, application of articles 60, 100, 103, 162 and 163 of the constitution may not be made. article 54 the president of the republic appoints the prime minister, presented by the majority party or group of parties in the national assembly. he terminates the functions of the prime minister, either by the presentation by him of the resignation of the government, or in the case of grave fault or manifest failure. article 55 the president of the republic: presides over the council of ministers; signs the ordinances taken in the council of ministers in the cases and the conditions specified by this constitution; signs the decrees deliberated in the council of ministers; proceeds, in the council of ministers, to the appointments to the high offices of the state of which the list is established by decree taken in the council of ministers; may, on any important issue of national character, decide in the council of ministers, on direct recourse to the expression of the will of the people by way of referendum; determines and orders, in the council of ministers, the general policy of the state; controls the implementation of the of the general policy so defined and the action of the government; has at his disposal the organs of control of the administration. the president of the republic may delegate certain of his powers to the prime minister. article 56 the president of the republic is the supreme head of the armed forces of which he guarantees the unity. as such, he is assisted by a high council of the national defense. the high council of the national defense, under the authority of the president of the republic, has notably as its mission to see to the coordination of the actions entrusted to the armed forces to preserve the social peace. its organization and its attributions are established by the law. the president of the republic decides in the council of ministers on the engagement of the forces and of the military means for external intervention, after the opinion of the high council of the national defense and of the parliament. he orders in the council of ministers the provision for national defense under all its military, economic, social, cultural, territorial and environmental aspects. the president of the republic appoints the military officers called to represent the state before international organs. article 57 the president of the republic appoints and recalls the ambassadors and the extraordinary envoys of the republic before other states and the international organizations. he receives the letters of credential and of recall of the representatives of the states and of the international organizations recognized by the republic of madagascar. article 58 the president of the republic exercises the right of pardon. he confers the decorations and the honors of the republic. article 59 the president of the republic promulgates the laws within the three weeks following the transmission by the national assembly of the definitively adopted law. before the expiration of this time period, the president of the republic may demand of the parliament a new deliberation of the law or of some of its articles. this new deliberation may not be refused. article 60 the president of the republic can, after briefing with the prime minister, and after consultation with the presidents of the assemblies, pronounce the dissolution of the national assembly. the general elections are held sixty days at least and ninety days at most after the pronouncement of the dissolution. the national assembly meets of plain right the second thursday that follows its election. if this meeting takes place outside of the specified period for the ordinary session, a session is opened of right for a duration of fifteen days. it may not proceed to a new dissolution within the two years that follow these elections. article 61 when the institutions of the republic, the independence of the nation, its unity or the integrity of its territory are menaced and the regular functioning of the public powers finds itself compromised, the president of the republic may proclaim on all or on part of the national territory, the situation of exception, to wit the state of urgency, the state of necessity or martial law. the decision is made by the president of the republic in the council of ministers, after the opinion of the presidents of the national assembly, of the senate and of the high constitutional court. the proclamation of the situation of exception confers on the president of the republic special powers of which the extent and the duration are established by an organic law. from the proclamation of one of the situations of exception aforesaid, the president of the republic can legislate by way of ordinance on the matters that arise within the domain of the law. article 62 the acts of the president of the republic, apart from the cases specified in articles 54 paragraphs 1 and 2, 58 paragraphs 1 and 2, 59, 81, 60, 94 100, 114, 117 and 119, are countersigned by the prime minister and, the case arising, by the concerned ministers. chapter ii. of the government article 63 the government is composed of the prime minister and of the ministers. it implements the general policy of the state. it is responsible before the national assembly within the conditions specified in articles 100 and 103 below. the government has the administration at its disposal. article 64 the functions of member of the government are incompatible with the exercise of any elective public mandate, of any function of professional representation, of the exercise of any function within religious institutions, of any public employment or of any other paid professional activity. any member of the government, who is a candidate to an elective mandate, must resign from their functions once their candidature has been declared receivable. article 65 the prime minister, head of government: conducts the general policy of the state; has authority over the members of the government of which he directs the action, and is responsible for the coordination of the activities of the ministerial departments as well as for the implementation of any national program of development; has the initiative of law; orders the bills of laws to be submitted to the deliberation of the council of ministers and to be presented to the bureau of one of the two assemblies; assures the execution of the laws; exercises the regulatory power under reserve of the provisions of article 55 paragraph 3; sees to the execution of the decisions of justice; refers matters, as needed, to the general inspection of the state and the other organs of control of the administration and assures the good functioning of the public services, of the good administration of the finances of the public collectivities and of the public organs of the state; assures the security, the peace and the stability on all the extent of the national territory within respect for the national unity; to this end, he has at his disposal all the forces in charge of the police, of the maintenance of order, of interior security and of defense; in the case of grave political troubles and before the proclamation of the situation of exception, he may have recourse to the forces of order to restore the social peace after the opinion of the superior authorities of the police, of the gendarmerie and of the army, of the high council of the national defense and of the president of the high constitutional court; is the head of the administration; appoints to the civil and military offices as well as to those of the organs of the state, under reserve of the provisions of article 55 paragraph 4. he may delegate certain of his powers to the members of the government. he assures the balanced and harmonious development of all the decentralized territorial collectivities. without prejudice of the provisions of article 55, he may, exceptionally, with an express delegation from the president of the republic and on a determined agenda, preside over the council of ministers. article 66 the prime minister presides over the council of the government. in the council of the government: he establishes the program for the implementation of the general policy of the state and orders the measures to be taken to assure execution of it; he exercises the other attributions for which the consultation of the government is obligatory by virtue of this constitution and of particular laws; he decides on the measures of implementation of the national programs of economic and social development, as well as on that of the territorial development, in collaboration with the authorities of the decentralized territorial collectivities. article 67 the acts of the prime minister are countersigned, as need be, by the ministers in charge of their execution. sub-title ii. of the legislative matters article 68 the parliament is composed of the national assembly and the senate. it votes the law. it controls the action of the government. it evaluates the public policies. chapter i. of the national assembly article 69 the members of the national assembly are elected for five years by universal direct suffrage. the regime of the ballots is determined by an organic law. the members of the national assembly bear the title of « deputy of madagascar ». article 70 a decree taken in the council of ministers establishes the number of members of the national assembly, the distribution of the seats on the whole of the national territory as well as the divisions of the electoral circumscriptions. article 71 the mandate of deputy is incompatible with the exercise of any other elective public mandate and of all public employments, except teaching. the deputy appointed member of the government is suspended, of office, from his mandate. he is replaced by his substitute. the deputy exercises his mandate following his conscience and within respect for the ethical rules determined in the forms established in article 79 below. article 72 during his mandate, the deputy may not, under penalty of forfeiture, change political group to affiliate with a new group, other than the one in the name of which he has been elected. in the case of infraction of the preceding paragraph, the sanction is forfeiture that is declared by the high constitutional court. the deputy elected without belonging to a party may affiliate with the parliamentary group of his choice within the assembly. the forfeiture of a deputy may also be declared by the high constitutional court if he deviates from the line of conduct of his parliamentary group. the regime of forfeiture and the rules of ethics and of deontology are determined by the law on the political parties and the regulations in the matter of the financing of the political parties. article 73 no deputy may be prosecuted, investigated, arrested, detained or judged for the opinions or the votes emitted by him in the exercise of his functions. a deputy may, during the sessions, only be prosecuted and arrested in criminal or correctional matters, with the authorization of the assembly, except in the case of flagrante delicto. no deputy may, out of session, be arrested without the authorization of the bureau of the assembly, except in case of flagrante delicto, of authorized prosecutions or of definitive conviction. any person justified by an interest may refer in writing the permanent bureau of the national assembly to the matter of accusing a deputy. the bureau must give a detailed response within a time period of three months. article 74 the president of the national assembly and the members of the bureau are elected at the beginning of the first session for the duration of the legislature. nevertheless, they can be removed from their respective functions of members of the bureau for grave reason by a secret vote of two-thirds of the deputies. article 75 the national assembly meets of plain right in two ordinary sessions per year. the duration of each session is established at sixty days. the first session begins on the first tuesday of may and the second, consecrated principally to the adoption of the law of finance, the third tuesday of october. article 76 the national assembly meets in extraordinary session, on a determined agenda, by decree of the president of the republic taken in the council of ministers, either by the initiative of the prime minister or at the demand of the absolute majority of the members composing the national assembly. the duration of the session may not exceed twelve days. nevertheless, a decree of closure intervenes when the national assembly has exhausted the agenda for which it was convoked. article 77 the sittings of the national assembly are public. a record is held and its publication is assured within the conditions specified by the law. the national assembly sits in closed session at the demand of one-quarter of its members or of the government. a record of the ordered decisions is written. article 78 the national assembly meets of plain right in special session on the second tuesday that follows the proclamation of the results of its election to proceed to the constitution of its bureau and to the formation of the commissions. the opposition has the right to a position of vice-president and presides over at least one of the commissions. the session is closed after exhaustion of the agenda. article 79 the rules relative to the functioning of the national assembly are established in their general principles by an organic law and in their modalities by its internal regulations. the internal regulations are published in the journal officiel of the republic. chapter ii. of the senate article 80 the members of the senate bear the title of « senator of madagascar ». their mandate is of five years, except for that which concerns the president of the senate, in application of article 46 paragraph 2 of this constitution. article 81 the senate represents the decentralized territorial collectivities and the economic and social organizations. it includes, for two-thirds, members elected in equal number for each province, and for one-third, members appointed by the president of the republic, in part, by virtue of their particular competence. article 82 the rules of functioning of the senate, its composition as well as the modalities of election and of designation of its members are established by an organic law. article 83 the senate is consulted by the government to give its opinion on economic, and social questions and questions of organization of the decentralized territorial collectivities. article 84 the senate meets of plain right in two ordinary sessions per year. the duration of each session is established at sixty days. the first session begins on the first tuesday of may and the second, consecrated principally to the adoption of the law of finance, the third tuesday of october. it may equally meet in special session by convocation of the government. its agenda is then limitatively established by the decree of convocation taken in the council of ministers. when the national assembly is not sitting, the senate may only discuss issues referred to it by the government for its opinion, excluding all legislative bills. article 85 the provisions of articles 71 to 79 are applicable, by analogy, to the senate. chapter iii. of the relations between the government and the parliament article 86 the initiative of the laws belongs concurrently to the prime minister, the deputies and the senators. the bills of law are deliberated in the council of ministers and presented to the bureau of one of the two assemblies. the agenda of the assemblies includes by priority and on the agenda established by the government the discussion of the bills of law presented to the bureau of the national assembly or to that of the senate by the prime minister. the proposals of law and amendments presented by the parliamentarians are brought to the cognizance of the government which is provided with, to formulate its observations, a time period of thirty days for the proposals and fifteen days for the amendments. at the expiration of this time period, the assembly before which the proposals or the amendments were presented proceeds to the examination of them with a view to their adoption. the proposals or amendments are not receivable when their adoption will have as consequence, in the framework of the current budgetary year, either the diminution of the public resources or the aggravation of the charges of the state, except in the matter of the law of finance. if it appears, in the course of the legislative procedure, that a proposal or an amendment is not of the domain of the law, the government may oppose the receivability. in the case of disagreement between the government and the national assembly or the senate, the high constitutional court, at the demand of the prime minister or of the president of one or the other parliamentary assembly, decides within a time period of eight days. two weeks of sitting of four, at least, are reserved for the examination of the texts and to the debates of which the government demands the inscription in the agenda. article 87 the organic laws, the laws of finance and the ordinary laws are voted by the parliament within the conditions established by this constitution. article 88 in addition to the questions that are directed to it by other articles of the constitution, the following arise from an organic law: the rules relative to the election of the president of the republic; the modalities of the ballot relative to the election of the deputies, the conditions of eligibility, the regime of incompatibility and of forfeiture, the rules of replacement in the case of vacancy, the organization and the functioning of the national assembly; the modalities of the ballot relative to the election of the senators, the conditions of eligibility, the regime of incompatibility and forfeiture and the rules of replacement in the case of vacancy, the organization and the functioning of the senate; the rules governing the competences, the modalities of the organization and the functioning of the decentralized territorial collectivities, as well as those of the administration of their own affairs; the organization, the composition, the functioning and the attributions of the supreme court and of the three courts composing it, those relative to the appointment of their members as well as those relative to the procedure applicable before them; the status of the magistrates; the organization, the functioning and the attributions of the superior council of the magistrature; the organization, the functioning, the attributions, the referral and the procedure to follow before the high court of justice; the organization, the functioning, the attributions, the referral and the procedure to follow before the high constitutional court; the electoral code; the general provisions relative to the laws of finance; the general provisions relative to the public markets concerning the mining resources; the situations of exception as well as the limitations of the public, individual and collective freedoms during those situations; the provisions for adjustment destined to favor the equality between the territorial collectivities. article 89 the organic laws are voted and modified within the following conditions: the bill or proposal is submitted to deliberation and to vote of the first assembly referred to the matter until the expiration of a time period of 15 days after its presentation; the procedures specified in articles 86, 96 and 98 are applicable. nevertheless, an organic law may only be adopted by the absolute majority of the members composing each assembly; without agreement between the two assemblies after two readings, the national assembly decides definitively by a majority of two-thirds of the members composing it. if the national assembly has not adopted the bill of the organic law before the closure of the session, the provisions of that bill may enter into force by way of ordinance, including, the case arising, one or several amendments adopted by one assembly. the organic laws relative to the senate must be voted in the same terms by the two assemblies. the organic laws can only be promulgated after declaration of their conformity to the constitution by the high constitutional court. article 90 in the framework of the organic law applicable in the matter, the law of finance: determines the resources and the charges of the state in the conditions and under the reserves specified by an organic law. determines, for a fiscal year, the nature, the amount and the allocation of the resources and of the charges of the state as well as the financial and budgetary equilibrium resulting from it taking into account the constraints of macroeconomic order; determines the proportion of the public receipts that should revert to the state, or to the decentralized territorial collectivities, as well as the nature and the maximum rate of the taxes and assessments collected directly in favor of the budget of those collectivities, determined in the council of ministers. the organic law determines the modalities of application of the provisions of this article, as well as the provisions for adjustment destined to favor the equality between the decentralized territorial collectivities. the law specifies the conditions for loans and decides on the eventual creation of funds. the law determines: the modalities of utilization of the funds of external loans and of parliamentary and jurisdictional control; the regime of personal and pecuniary responsibility of the financial authorities who are authors of diversion of the funds of loans as well as that of the disengagement of the responsibility of the state. article 91 the program laws determine the objectives of the action of the state in matters of economic, environmental, social and territorial development. the provisions of this article are specified and completed by an organic law. article 92 the parliament examines the bill of the law of finance in the course of the second ordinary session. under the authority of the prime minister, head of government, the ministers in charge of finance and of the budget prepare the bill of the law of finance. the parliament is provided with a maximum time period of sixty days to examine it. the national assembly is provided with a maximum time period of thirty days counting from the presentation of the bill to examine it in a first reading. without having pronounced itself in this time period, it is deemed to have adopted it and the bill is transmitted to the senate. in the same conditions, it is provided for the first reading with a time period of fifteen days counting from the transmission of the bill, and each assembly is provided with a time period of five days for each one of the subsequent readings. without having pronounced itself within the given time period an assembly is deemed to have voted favorably on the text to which it was referred. if the parliament has not adopted the bill of the law of finance before the closure of the second session, the provisions of the bill may enter into force by way of ordinance including one or several of the amendments adopted by the two assemblies. any amendment to the bill of the budget causing an increase in the expenditures or a diminution of the public resources must be accompanied by a proposal of augmentation of receipts or of equivalent economies. if the bill of the law of finance of a fiscal year was not presented in a timely fashion to be adopted before the beginning of that fiscal year, the prime minister is authorized to receive the taxes and opens by decree the credits related to the services voted. an organic law specifies the conditions for the adoption of the bill of the law of finance. article 93 the court of accounts assists the parliament in the control of the action of the government. it assists the parliament and the government in the control of the execution of the laws of finance as well as in the evaluation of the public policies. with its public reports, it contributes to the information of the citizens. the accounts of the public administrations must be regular and sincere, and give a faithful image of the result of their administration, of their patrimony and of their financial situation. article 94 the president of the republic communicates with the parliament by a message that does not give rise to any debate. article 95 in addition to the issues that are directed to it by other articles of the constitution: the law establishes the rules concerning: the civil rights and the fundamental guarantees granted to individuals, associations, political parties and to any other group for the exercise of the rights and the freedoms as well as their duties and obligations; international relations; nationality; the central bank and the regime of emission of the currency; the circulation of persons; the rules of civil and commercial procedure; the rules of administrative and financial procedure; the determination of crimes and misdemeanors as well as the penalties applicable to them, the criminal procedure, amnesty; the rules relative to the conflicts of the laws and of the competences; the creation of new orders of jurisdictions and their respective competences as well as their organization and the rules of procedure that are applicable to them; the organization of the family, the state and the capacity of persons, the matrimonial regimes, inheritance and gifts; the juridical regime of property, of real rights, of civil and commercial obligations and the conditions in which assets may be subject to expropriation or to requisition for cause of public necessity or for transfers of property to the state; the creation of categories of public establishments; the status and the regime of autonomy of the universities, as well as the status of the teachers of superior education the grand orientations of development of primary and secondary education the strategic resources; the organization and the functioning of the decentralized territorial collectivities; the particular status of the capital of the republic, of certain portions of the national territory, of the palaces of state and other buildings belonging to the domain of the state, of the ports and of their hub and spoke networks, of the airports and the regime of the maritime resources; the nature and the base of the taxes and assessments of the decentralized territorial collectivities. the council of the malagasy national order; urbanism and habitat; the conditions of ownership of land by foreigners; the conditions of transference to the state of the lands not valued; the organization, the functioning and the attributions of the general inspection of the state and of the other organs of control of the administration; the law determines the general principles: of the organization of the national defense and of the use of the armed forces or of the forces of order by the civil authorities; the general status of the civil and military functionaries of the state and of the territorial functionaries; of the right to work, of the syndical right, of the right to strike and of social welfare; of the transfer of property of an enterprise or of an organ from the public sector to the private sector and vice versa; of the organization or of the functioning of the different sectors of juridical, economical, social and cultural activity; of the protection of the environment. the declaration of war may only be authorized by the parliament meeting in congress by the absolute majority of all the members composing it. article 96 any bill or proposal of law is examined in first reading by the assembly before which it was presented and then transmitted to the other assembly. the discussion takes place successively in each assembly until the adoption of a unique text. when following a disagreement between the two assemblies, a bill or a proposal of law could not be adopted after two readings by each assembly or if the government has declared urgency, after a sole reading by each one of them, the prime minister has the faculty to initiate the meeting of a mixed joint commission in charge of proposing a text on the provisions still in discussion. the text elaborated by the joint commission may be submitted by the government for approval to the two assemblies. no amendment is receivable without the agreement of the government. if the commission does not reach the adoption of a common text or if this text is not adopted within the conditions specified in the preceding paragraph, the national assembly decides definitively by the absolute majority of the members composing it. article 97 the matters other than those that are of the domain of the law have a regulatory character. the texts of legislative form intervening in these matters may be modified by decree taken after the opinion of the high constitutional court. those of these texts that would intervene after the entry into force of this constitution may only be modified by decree if the high constitutional court has declared that they have a regulatory character in virtue of the preceding paragraph. article 98 the government, by engaging its responsibility within the conditions specified in article 100 below, may demand of each one of the assemblies to pronounce themselves by a sole vote on all or on part of the provisions of the texts in discussion: at the moment of the extraordinary sessions, provided that these texts have been deposited within forty-eight hours of the opening of the sessions; in the last eight days of each one of the ordinary sessions. article 99 within the thirty days of his appointment, the prime minister presents his program for implementing the general policy of the state to the parliament, which can emit suggestions. if, in the course of the execution, the government estimates that fundamental modifications of this program prove necessary, the prime minister submits those modifications to the national assembly, which may emit suggestions. article 100 the prime minister, after deliberation in the council of ministers, may engage the responsibility of his government by posing the question of confidence. the vote can only take place forty-eight hours after the presentation of the question. if he is defeated by two-thirds of the members composing the national assembly, the government remits its resignation to the president of the republic. the president of the republic appoints a prime minister in accordance with article 54. article 101 at the beginning of each first ordinary session, the government presents to the national assembly a report on the execution of its program. the presentation will be followed by a debate on the results of the actions of the government and the evaluation of the public policies. article 102 the means of information of the parliament concerning the governmental action are the oral question, the written question, the interpellation, and the commission of inquiry. one session per fortnight at least, inclusively during the extraordinary sessions specified in article 76, is reserved for the questions of the members of the parliament and to the responses of the government. three days of sittings per month are reserved for an agenda ordered by each assembly on the initiative of the groups of the opposition of the interested assembly as well as on that of the minority groups. article 103 the national assembly may place in question the responsibility of the government by the vote of a motion of censure. such a motion is only receivable if it is signed by half of the members composing the national assembly. the vote can only take place forty-eight hours after the presentation of the motion. the motion is only adopted if it is voted by two-thirds of the members composing the national assembly. if the motion is adopted, the government remits its resignation to the president of the republic; it will then proceed to the appointment of a prime minister within the conditions specified in article 54 above. article 104 the parliament, by a vote of the absolute majority of the members composing each assembly, may delegate its power to legislate to the president of the republic during a limited time and for a determined object. the delegation of power authorizes the president of the republic to take, by ordinance in the council of ministers, measures of general impact on matters arising in the domain of the law. sub-title iii. of the economic, social and cultural council article 105 the economic, social and cultural council, referred to the matter by the government, gives its opinion on the bills of law, of ordinance or of decree as well as on the proposals of laws that are submitted to it. it is competent to examine the bills and the proposals of law with an economic, social and cultural character with the exclusion of the laws of finance. it may undertake, on its own initiative, all studies or inquiries related to economic, social and cultural questions. its reports are transmitted to the president of the republic. an organic law establishes the composition, the attributions and the functioning of the economic, social and cultural council. sub-title iv. of the jurisdictional matters chapter i. of the fundamental principles article 106 in the republic of madagascar, justice is rendered, in accordance with the constitution and the law, in the name of the malagasy people, by the supreme court, the courts of appeal and the jurisdictions that are attached to them as well as to the high court of justice. article 107 the president of the republic is guarantor of the independence of justice. to this end, he is assisted by a superior council of the magistrature of which he is the president. the minister in charge of justice is vice president of it. the superior council of the magistrature, organ of safeguarding, of administration of career and of sanction of the magistrates, is responsible for: seeing to, notably, the respect for the law and the provisions of the statute of the magistrature; controlling the respect for the ethical rules by the magistrates; presenting recommendations on the administration of justice, notably in that which concerns the measures of legislative or regulatory order relative to the jurisdictions and to the magistrates. the members of the government, the parliament, the high council for the defense of the democracy and the state of law, the heads of court as well as the associations legally constituted may refer matters to the superior council of the magistrature. an organic law establishes the rules relative to the organization, the functioning and the attributions of the council. article 108 in their jurisdictional activities, the presiding magistrates, the judges and assessors are independent and they are only submitted to the constitution and the law. as such, except for the cases specified by the law and under reserve of the disciplinary power, they may not in any matter, be interfered with in the exercise of their functions. article 109 the presiding magistrates are irremovable; they occupy the positions of which they are titular members by virtue of their grade; they may not receive without their consent, any new assignment, except necessity of service duly declared by the superior council of the magistrature. article 110 the magistrates of the public ministry are submitted to the hierarchical subordination; nevertheless, in their oral pleadings or claims, they act according to their own conviction and in accordance with the law. they are provided with the judicial police of which they can control the activities and the functioning. the fact of their enjoining to accomplish acts that are manifestly contrary to the law, results in, concerning these solicitors, the sanctions specified by the law. article 111 the exercise of the functions of magistrate is incompatible with any activity within a political party and the government, the exercise of any elective public mandate or of any other paid professional activity, with the exception of teaching activities. any magistrate in office is submitted to the obligation of political neutrality. any magistrate exercising an elective public mandate is placed, of office, in a position of detachment from office. article 112 the general inspection of justice, composed of representatives of the parliament, of representatives of the government, of representatives of the high council for the defense of the democracy and the state of law, and of the representatives of the magistrature, is in charge of controlling the respect for the ethical rules particular to the magistrates, as well as the actions of the personnel of justice. it is attached to the presidency of the republic. the president of the republic, the parliament, the government, the heads of court, the legally constituted associations and any person justifying an interest can refer matters to the general inspection of justice. the law establishes the rules relative to the organization, the functioning and the attributions of the general inspection of justice. article 113 the national council of justice, is a consultative organ composed of the first president of the supreme court, president, of the procurator general of the supreme court, of the heads of court, of the representatives of the executive power, of the legislative power, of the high constitutional court, of the superior council of the magistrature, of the high council for the defense of the democracy and the state of law, and of the auxiliaries of justice in general. as such, it may propose to the government measures of legislative or regulatory order relative to the organization and to the functioning of the jurisdictions, to the status of the magistrates and the status of the auxiliaries of justice. the law establishes the rules relative to the organization, to the functioning and to the attributions of the national council of justice. chapter ii. of the high constitutional court article 114 the high constitutional court is composed of nine members. their mandate is of seven (7) years non-renewable. three of the members are appointed by the president of the republic, two are elected by the national assembly, two by the senate, and two are elected by the supreme council of the magistrature. the president of the high constitutional court is elected by and from among the members of that court. this election as well as the appointment of the other members are declared by decree of the president of the republic. article 115 the functions of member of the high constitutional court are incompatible with those of member of the government, of the parliament, with any elective public mandate, any other paid professional activity, except for teaching activities, as well as any activity within a political party or a trade-union. article 116 in addition to the issues that are directed to it by other articles of the constitution, the high constitutional court, within the conditions established by an organic law: decides on the conformity with the constitution of the treaties, of the laws, of the ordinances, and of the autonomous regulations; rules on the conflicts of competence between two or more institutions of the state or between the state and one or more decentralized territorial collectivities or between two or more decentralized territorial collectivities; decides on the conformity with the constitution and with the organic laws, of the deliberations and of the regulatory acts adopted by the decentralized territorial collectivities; decides on the disputes of the operations of referendum, of the election of the president of the republic and of the elections of the deputies and senators; proclaims the official result of the presidential and legislative elections and of the consultations by referendum. article 117 before their promulgation, the organic laws, the laws and the ordinances are obligatorily submitted by the president of the republic to the high constitutional court which decides on their conformity with the constitution. a provision judged unconstitutional may not be promulgated. in this case, the president of the republic may decide, either to promulgate the other provisions of the law or of the ordinance, or to submit the entire text to a new deliberation of the parliament or of the council of ministers according to the case, or not to proceed with the promulgation. in the cases specified above, the referral of the high constitutional court to the matter suspends the time period for the promulgation of the laws. the internal regulations of each assembly are submitted to the control of constitutionality prior to their application. a provision judged unconstitutional may not be applied. article 118 a head of an institution or one-quarter of the members composing one of the parliamentary assemblies or the organs of the decentralized territorial collectivities or the high council for the defense of democracy and of the state of law may refer to the constitutional court, for control of constitutionality, any text with legislative or regulatory value as well as all matters falling into its competence. if, before a jurisdiction, a party raises an exception of unconstitutionality, that jurisdiction postpones its decision and refers the matter to the high constitutional court which decides within the time period of one month. in the same way, if before a jurisdiction, a party maintains that a provision of a legislative or regulatory text infringes their fundamental rights recognized by the constitution, that jurisdiction postpones its decision within the same conditions as in the previous paragraph. a provision declared unconstitutional ceases of plain right to be in force. the decision of the high constitutional court is published in the journal officiel. article 119 the high constitutional court can be consulted by any head of an institution and any organ of the decentralized territorial collectivities to give its opinion on the constitutionality of any bill of act or on the interpretation of a provision of this constitution. article 120 in the matter of electoral dispute and of direct popular consultation, the high constitutional court renders orders. in the other matters falling into its competence, except in the case specified in article 119, it renders decisions. the orders and decisions of the high constitutional court are substantiated; they are not susceptible to any recourse. they impose themselves on all the public powers as well as on the administrative and jurisdictional authorities. chapter iii. of the supreme court article 121 the supreme court sees to the regular functioning of the jurisdictions of the judicial, administrative and financial order. it includes: the court of cassation; the council of the state; the court of accounts. article 122 the first president and the procurator general of the supreme court are the heads of this high jurisdiction. they are respectively appointed by decree taken in the council of ministers in accordance with the proposals of the superior council of the magistrature, preferably from among the oldest within the highest degree of the magistrates respectively of the judicial, administrative and financial orders. article 123 the first president of the supreme court is seconded by three vice-presidents, assigned respectively to the presidency of the court of cassation, of the council of the state and of the court of accounts. each vice-president is appointed in the council of ministers by decree of the president of the republic in accordance with the proposals of the superior council of the magistrature, preferably from among the oldest within the highest degree of the magistrates respectively of the judicial, administrative and financial orders. article 124 the office of general prosecution of the supreme court includes: an office of general prosecution of the court of cassation; a general commissariat of the law for the council of the state; a general commissariat of the public treasury for the court of accounts. the office of general prosecution of the supreme court is seconded by the three heads of these offices of general prosecution. the head of the office of general prosecution of the court of cassation, of the general commissariat of the law and of the general commissariat of the public treasury are appointed in the council of ministers in accordance with the proposals of the superior council of the magistrature, preferably from among the oldest magistrates within the highest degree respectively of the judicial, administrative and financial orders. article 125 in addition to the attributions that are devolved to it by the particular laws, the supreme court rules on the conflicts of competence between two jurisdictions of different order. article 126 the court of cassation sees to the application of the law by the jurisdictions of the judicial order. in addition to the competences that are recognized to it by particular laws, it decides on the petitions in cassation formed against the decisions rendered in last resort by these jurisdictions. article 127 without prejudice to special competences specified by the law, the council of the state controls the regularity of the acts of the administration and sees to the application of the law by the jurisdictions of the administrative order. the council of the state, within the conditions established by an organic law: judges the recourses in annulment of the acts of the central administrative authorities, the recourses of full jurisdiction for the damaging acts caused by the activities of the administration, and the contentious claims in fiscal matters; takes cognizance, in appeal, of the control of the legality of the acts of the authorities of the decentralized territorial collectivities; decides, in appeal or in cassation, on the decisions rendered by the administrative tribunals or the specialized administrative jurisdictions. it is the judge of certain electoral disputes. it can be consulted by the prime minister and by the members of the government to give its opinion on the bills of legislative, or regulatory texts or on the interpretation of a legislative, or regulatory provision. it can proceed, at the demand of the prime minister, to studies on the texts of laws, on the organization, on the functioning, and on the missions of the public services. article 128 the court of accounts: judges the accounts of the public accountants; controls the execution of the laws of finance and of the budgets of the public organs; controls the accounts and the administration of the public enterprises; decides, in appeal, on the judgments rendered in financial matters by the jurisdictions or the administrative organs of a jurisdictional character; assists the parliament and the government in the control of the execution of the laws of finance. article 129 the supreme court addresses an annual report of its activities to the president of the republic, to the prime minister, to the presidents of the two assemblies and to the minister responsible for justice and to the superior council of the magistrature. this report must be published in the journal officiel in the year that follows the closure of the judicial year concerned. article 130 the first president, and the procurator general of the courts of appeal are appointed in the council of ministers by decree of the president of the republic in accordance with the proposals of the superior council of the magistrature, preferably from among the oldest within the highest grade of the magistrates respectively of the judicial, administrative and financial orders. chapter iv. of the high court of justice article 131 the president of the republic is only responsible for the acts accomplished and connected with the exercise of his functions in the case of high treason, of grave violation of, or of repeated violations of the constitution, or of breach of his duties manifestly incompatible with the exercise of his mandate. he may only be impeached by the national assembly in a public ballot and with a majority of two-thirds of its members. he is justiciable before the high court of justice. the impeachment may end in the forfeiture of his mandate. article 132 if the forfeiture of the president of the republic is pronounced, the high constitutional court declares the vacancy of the presidency of the republic; it will then proceed to the election of a new president within the conditions of article 47 above. the president declared in forfeiture is no longer eligible to any elective public function. article 133 the presidents of the parliamentary assemblies, the prime minister, the other members of the government and the president of the high constitutional court are penally responsible, before the high court of justice, for the acts accomplished and connected with the exercise of their functions, for acts qualified as crimes or misdemeanors at the time when they were committed. they can be impeached by the national assembly deciding in public ballot by an absolute majority of its members. the initiative of the prosecution emanates from the procurator general of the supreme court. article 134 the presidents of the parliamentary assemblies, the prime minister, the other members of the government and the president of the high constitutional court are judiciable by the jurisdictions of common law for the infractions committed outside of the exercise of their functions. the initiative of the prosecutions emanates from the procurator general before the court of cassation. in this case, when there is misdemeanor, the competent correctional jurisdiction is presided over by the president of the tribunal or by a vice-president if he is prevented. the provisions of the three preceding paragraphs are equally applicable to the deputies, to the senators and to the members of the high constitutional court. article 135 the high court of justice enjoys the plenitude of jurisdiction. article 136 the high court of justice is composed of eleven members of which: the first president of the supreme court, president, substituted as of plain right, in the case of impediment, by the president of the court of cassation; two presidents of chamber of the court of cassation, and two substitutes, proposed by the general assembly of that court; two first presidents of court of appeal, and two substitutes, proposed by the first president of the supreme court; two titular deputies and two substitute deputies elected at the beginning of the legislature by the national assembly; two titular senators and two substitute senators, elected at the beginning of the legislature by the senate; two titular members and two substitute members from the high council for the defense of democracy and the state of law. the public ministry is represented by the procurator general of the supreme court assisted by one or more members of his office of general prosecution. in the case of impediment of the procurator general, he is substituted by the procurator general of the court of cassation. the head clerk of the supreme court is, of right, clerk of the high court of justice. he holds the pen. in the case of impediment, he is replaced by the head clerk of the court of cassation. the organization and the procedure to follow before the high court of justice are established by an organic law. title iv. of the international treaties and agreements article 137 the president of the republic negotiates and ratifies the treaties. he is informed of any negotiations tending to the conclusion of an international agreement not submitted to ratification. the ratification or the approval of the treaties of alliance, of the treaties of commerce, of the treaties or agreements relative to international organization, of those that engage the finances of the state including foreign loans, and of those that modify the provisions of a legislative nature, of those that are relative to the status of persons, of the treaties of peace, and of those that include modifications of the territory, must be authorized by the law. before any ratification, the treaties are submitted by the president of the republic, to the control of constitutionality of the high constitutional court. in the case of non-conformity with the constitution, there may not be ratification until after revision of it. the treaties or agreements regularly ratified or approved have, from their publication, an authority superior to that of the laws, under reserve, for each agreement or treaty, of its application by the other party. any treaty of affiliation of madagascar to an organization of regional integration must be submitted to a popular consultation by way of referendum. article 138 the prime minister negotiates and signs the international agreements not submitted to ratification. title v. of the territorial organization of the state sub-title i. of the general provisions article 139 the decentralized territorial collectivities, endowed with juridical personality and with administrative and financial autonomy, constitute the institutional framework for the effective participation of the citizens in the administration of public affairs and guarantee the expression of their diversities and of their specificities. they possess a patrimony including a public domain and a private domain that are delimited by the law. lands vacant and without owner are part of the domain of the state. article 140 the decentralized territorial collectivities are provided with a regulatory power. the state sees to it that the regulation of one decentralized territorial collectivity does not affect the interests of another decentralized territorial collectivity. the state sees to the harmonious development of all the decentralized territorial collectivities on the basis of national solidarity, of regional potentialities and of the inter-regional equilibrium by provisions of adjustment. special measures will be taken in favor of the development of the least advanced zones, including the constitution of a special fund of solidarity. article 141 the decentralized territorial collectivities assure with the participation of the state, notably, public security, civil defense, the administration, the territorial development, the economic development, the preservation of the environment and the amelioration of the framework of life. in these domains, the law determines the division of the competences in consideration of the national interests and of the local interests. article 142 the decentralized territorial collectivities enjoy financial autonomy. they prepare and administer their budget according to the principles applicable in the matter of the administration of the public finances. the budgets of the decentralized territorial collectivities benefit from the resources of diverse natures. article 143 the decentralized territorial collectivities of the republic are the communes, the regions and the provinces. the creation and the delimitation of the decentralized territorial collectivities must respond to the criteria of geographic, economic, social and cultural homogeneity. they are decided by the law. article 144 the decentralized territorial collectivities freely administer themselves through assemblies that govern, through their deliberations, the affairs devolved to their competence by this constitution and by the law. these deliberations may not be contrary to the constitutional, legislative, and regulatory provisions. article 145 the representation of the state before the decentralized territorial collectivities is governed by the law. article 146 the state engages itself to implement the following measures: division of the competences between the state and the decentralized territorial collectivities; division of the resources between the state and the decentralized territorial collectivities; division of the public services between the state and the decentralized territorial collectivities. article 147 the resources of a decentralized territorial collectivity include notably: the product of the taxes and assessments voted by its council and directly received in favor of the budget of the decentralized territorial collectivity; the law determines the nature and the maximum rate of those taxes and assessments taking duly into account the charges assumed by the decentralized territorial collectivities and the global fiscal charge imposed on the nation; the part that reverts to it by law on the product of the taxes and assessments received in favor of the budget of the state; that part that is automatically deducted at the moment of the collection, is determined by the law according to a percentage that takes into account the charges assumed globally and individually by the decentralized territorial collectivities and to assure a balanced economic and social development between all the decentralized territorial collectivities on the whole of the national territory; the product of the subsidies, allocated or nonallocated, consented by the budget of the state to all or each one of the decentralized territorial collectivities to take into account their particular situation, or to compensate, for those decentralized territorial collectivities, for the charges caused by the programs or projects decided by the state and implemented by the decentralized territorial collectivities; the product of non-refundable external aid and the product of donations to the decentralized territorial collectivities; the revenues from their patrimony; the loans of which the conditions of subscription are established by the law. sub-title ii. of the structures chapter i. of the communes article 148 the communes constitute the basic decentralized territorial collectivities. the communes are urban or rural considering their demographic basis reduced or not to an urbanized agglomeration. article 149 the communes participate in the economic, social, cultural and environmental development of their territorial resort. their competences take into account essentially the constitutional and legal principles as well as the principle of proximity, of promotion and of defense of the interests of the inhabitants. article 150 the communes may constitute themselves in groups for the realization of projects of common development. article 151 in the communes, the executive and deliberative functions are exercised by distinct organs and elected by universal direct suffrage. the law establishes the composition, the organization, the attributions and the functioning of the executive and deliberative organs as well as the mode and the conditions for the election of their members. article 152 the fokonolona, organized in fokontany within the communes, is the basis of the development and of the environmental and socio-cultural cohesion. the responsible persons of the fokontany participate in the elaboration of the program of development of their commune. chapter ii. of the regions article 153 the regions have an essentially economic and social vocation. in collaboration with the public and private organs, they direct, make dynamic, coordinate and harmonize the economic and social development of all their territorial resort and assure the planning, the territorial development and the implementation of all the actions of development. article 154 the executive function is exercised by an organ directed by the head of region elected by universal suffrage. the head of region is primarily responsible for strategy and implementation of all actions of economic and social development of the region. he is the head of the administration of his region. article 155 the deliberative function is exercised by the regional council, of which members are elected by universal suffrage. the deputies and the senators from different circumscriptions of the region are members by right of the regional council, with deliberative voice. article 156 the composition, the organization, the attributions and the functioning of the executive and deliberative organs as well as the mode and the conditions for the election of their members, are established by the law. chapter iii. of the provinces article 157 the provinces are decentralized territorial collectivities endowed with juridical personality, and with administrative and financial autonomy. they assure the coordination and the harmonization of the actions of the development of provincial interest and see to the equitable and harmonious development of the decentralized territorial collectivities in the province. the provinces implement the policy of the development of provincial interest defined and ordered in the provincial council. in collaboration with the public and private organs, they direct, make dynamic, coordinate and harmonize the economic and social development of the whole province and assure, as such, the planning, the territorial development and the implementation of all the actions of development. article 158 the executive function is exercised by an organ directed by the head of province elected by universal suffrage. the head of province is the first person responsible for the strategy and the implementation of all actions of the economic and social development of his province. he is the head of the administration of the province. article 159 the deliberative function is exercised by the provincial council whose members are elected by universal suffrage. the deputies and the senators from different circumscriptions of the province are members by right of the provincial council, with deliberative voice. article 160 the composition, the organization, the attributions and the functioning of the executive and deliberative organs, as well as the mode and the conditions for the election of their members, are established by the law. title vi. of the revision of the constitution article 161 no revision of the constitution may be initiated, except in the case of necessity judged imperious. article 162 the initiative of the revision, in the case of necessity judged imperious, belongs either to the president of the republic who decides in the council of ministers, or to the parliamentary assemblies deciding by a separate vote by a majority of two-thirds of the members. the bill or proposal of revision must be approved by three-fourths of the members of the national assembly and of the senate. the bill or proposal of revision so approved is submitted to referendum. article 163 the republican form of the state, the principle of the integrity of the national territory, the principle of the separation of the powers, the principle of autonomy of the decentralized territorial collectivities, the duration and the number of the mandate of the president of the republic, may not be made the object of revision. the exceptional powers held by the president of the republic in the exceptional circumstances or circumstances of political trouble do not confer on him the right of recourse to a constitutional revision. title vii. transitional and diverse provisions article 164 this constitution will be adopted by referendum. it will enter into force from its promulgation by the president of the high authority of the transition, within the ten days following the proclamation of the definitive results of the referendum by the high constitutional court. article 165 the legislation in force remains applicable in all the provisions non-contrary to this constitution. the texts with a legislative character relative to the establishment of the institutions and organs, as well as the other laws of application specified by this constitution will be taken by way of ordinance. article 166 until the progressive establishment of the institutions specified by this constitution, the institutions and the organs specified for the period of the transition continue to exercise their functions. the superior council of the transition and the congress of the transition cease their functions from the election of the bureau of the new national assembly. while waiting for the establishment of the senate, the national assembly has the plenitude of the legislative power. until the investiture of the new president of the republic, the current president of the high authority of the transition continues to exercise the functions of head of the state. in the case of vacancy of the presidency, for any cause whatsoever, the functions of head of state are exercised jointly by the prime minister, the president of the superior council of the transition, and by the president of the congress. article 167 in order to respect the constitutional prescription, the president of the republic, within a time period of 12 months counting from his investiture, invites the competent instances to designate the members who will compose the high court of justice in order to proceed from the expiration of that time period to the installation of the high court of justice. any party justifying an interest may refer the matter to the competent institutions by demand for sanction in the case of deficiency. as for that which concerns the president of the republic, exceptionally, the competent instance is the high constitutional court which will be authorized to take the sanctions that might have been taken by the high court of justice if it were installed. article 168 within the framework of the process of national reconciliation, a council of the malagasy fampihavanana whose composition, attributions, and modalities of functioning are determined by the law, is instituted. chapter 1 fundamental rights article 1 all persons in the netherlands shall be treated equally in equal circumstances. discrimination on the grounds of religion, belief, political opinion, race or sex or on any other grounds whatsoever shall not be permitted. article 2 dutch nationality shall be regulated by act of parliament. the admission and expulsion of aliens shall be regulated by act of parliament. extradition may take place only pursuant to a treaty. further regulations concerning extradition shall be laid down by act of parliament. everyone shall have the right to leave the country, except in the cases laid down by act of parliament. article 3 all dutch nationals shall be equally eligible for appointment to public service. article 4 every dutch national shall have an equal right to elect the members of the general representative bodies and to stand for election as a member of those bodies, subject to the limitations and exceptions prescribed by act of parliament. article 5 everyone shall have the right to submit petitions in writing to the competent authorities. article 6 everyone shall have the right to profess freely his religion or belief, either individually or in community with others, without prejudice to his responsibility under the law. rules concerning the exercise of this right other than in buildings and enclosed places may be laid down by act of parliament for the protection of health, in the interest of traffic and to combat or prevent disorders. article 7 no one shall require prior permission to publish thoughts or opinions through the press, without prejudice to the responsibility of every person under the law. rules concerning radio and television shall be laid down by act of parliament. there shall be no prior supervision of the content of a radio or television broadcast. no one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those mentioned in the preceding paragraphs, without prejudice to the responsibility of every person under the law. the holding of performances open to persons younger than sixteen years of age may be regulated by act of parliament in order to protect good morals. the preceding paragraphs do not apply to commercial advertising. article 8 the right of association shall be recognized. this right may be restricted by act of parliament in the interest of public order. article 9 the right of assembly and demonstration shall be recognized, without prejudice to the responsibility of everyone under the law. rules to protect health, in the interest of traffic and to combat or prevent disorders may be laid down by act of parliament. article 10 everyone shall have the right to respect for his privacy, without prejudice to restrictions laid down by or pursuant to act of parliament. rules to protect privacy shall be laid down by act of parliament in connection with the recording and dissemination of personal data. rules concerning the rights of persons to be informed of data recorded concerning them and of the use that is made thereof, and to have such data corrected shall be laid down by act of parliament. article 11 everyone shall have the right to inviolability of his person, without prejudice to restrictions laid down by or pursuant to act of parliament. article 12 entry into a home against the will of the occupant shall be permitted only in the cases laid down by or pursuant to act of parliament, by those designated for the purpose by or pursuant to act of parliament. prior identification and notice of purpose shall be required in order to enter a home under the preceding paragraph, subject to the exceptions prescribed by act of parliament. a written report of the entry shall be issued to the occupant as soon as possible. if the entry was made in the interests of state security or criminal proceedings, the issue of the report may be postponed under rules to be laid down by act of parliament. a report need not be issued in cases, to be determined by act of parliament, where such issue would never be in the interests of state security. article 13 the privacy of correspondence shall not be violated except in the cases laid down by act of parliament, by order of the courts. the privacy of the telephone and telegraph shall not be violated except, in the cases laid down by act of parliament, by or with the authorization of those designated for the purpose by act of parliament. article 14 expropriation may take place only in the public interest and on prior assurance of full compensation, in accordance with regulations laid down by or pursuant to act of parliament. prior assurance of full compensation shall not be required if in an emergency immediate expropriation is called for. in the cases laid down by or pursuant to act of parliament there shall be a right to full or partial compensation if in the public interest the competent authority destroys property or renders it unusable or restricts the exercise of the owner's rights to it. article 15 other than in the cases laid down by or pursuant to act of parliament, no one may be deprived of his liberty. anyone who has been deprived of his liberty other than by order of a court may request a court to order his release. in such a case he shall be heard by the court within a period to be laid down by act of parliament. the court shall order his immediate release if it considers the deprivation of liberty to be unlawful. the trial of a person who has been deprived of his liberty pending trial shall take place within a reasonable period. a person who has been lawfully deprived of his liberty may be restricted in the exercise of fundamental rights in so far as the exercise of such rights is not compatible with the deprivation of liberty. article 16 no offence shall be punishable unless it was an offence under the law at the time it was committed. article 17 no one may be prevented against his will from being heard by the courts to which he is entitled to apply under the law. article 18 everyone may be legally represented in legal and administrative proceedings. rules concerning the granting of legal aid to persons of limited means shall be laid down by act of parliament. article 19 it shall be the concern of the authorities to promote the provision of sufficient employment. rules concerning the legal status and protection of working persons and concerning codetermination shall be laid down by act of parliament. the right of every dutch national to a free choice of work shall be recognized, without prejudice to the restrictions laid down by or pursuant to act of parliament. article 20 it shall be the concern of the authorities to secure the means of subsistence of the population and to achieve the distribution of wealth. rules concerning entitlement to social security shall be laid down by act of parliament. dutch nationals resident in the netherlands who are unable to provide for themselves shall have a right, to be regulated by act of parliament, to aid from the authorities. article 21 it shall be the concern of the authorities to keep the country habitable and to protect and improve the environment. article 22 the authorities shall take steps to promote the health of the population. it shall be the concern of the authorities to provide sufficient living accommodation. the authorities shall promote social and cultural development and leisure activities. article 23 education shall be the constant concern of the government. all persons shall be free to provide education, without prejudice to the authorities' right of supervision and, with regard to forms of education designated by law, their right to examine the competence and moral integrity of teachers, to be regulated by act of parliament. education provided by public authorities shall be regulated by act of parliament, paying due respect to everyone's religion or belief. the authorities shall ensure that primary education is provided in a sufficient number of public-authority schools in every municipality. deviations from this provision may be permitted under rules to be established by act of parliament on condition that there is opportunity to receive the said form of education, whether in a public-authority school or otherwise. the standards required of schools financed either in part or in full from public funds shall be regulated by act of parliament, with due regard, in the case of private schools, to the freedom to provide education according to religious or other belief. the requirements for primary education shall be such that the standards both of private schools fully financed from public funds and of public-authority schools are fully guaranteed. the relevant provisions shall respect in particular the freedom of private schools to choose their teaching aids and to appoint teachers as they see fit. private primary schools that satisfy the conditions laid down by act of parliament shall be financed from public funds according to the same standards as public-authority schools. the conditions under which private secondary education and pre-university education shall receive contributions from public funds shall be laid down by act of parliament. the government shall submit annual reports on the state of education to the states general. chapter 2. government §1. the king article 24 the title to the throne shall be hereditary and shall vest in the legitimate descendants of king william i, prince of orange-nassau. article 25 on the death of the king, the title to the throne shall pass by hereditary succession to the king's legitimate descendants in order of seniority, the same rule governing succession by the issue of descendants who predecease the king. if the king has no descendants, the title to the throne shall pass in the same way to the legitimate descendants of the king's parent and then of his grandparent who are in the line of succession but are not further removed from the deceased king than the third degree of consanguinity. article 26 for the purposes of hereditary succession, the child of a woman pregnant at the moment of the death of the king shall be deemed already born. if it is stillborn it shall be deemed to have never existed. article 27 hereditary succession to the throne in the event of abdication shall take place according to the rules set out in the above articles. children born after an abdication and their descendants shall be excluded from the hereditary succession. article 28 the king shall be deemed to have abdicated if he contracts a marriage without having obtained consent by act of parliament. anyone in line of succession to the throne who contracts such a marriage shall be excluded from the hereditary succession, together with any children born of the marriage and their issue. the two houses of the states general (parliament) shall meet to consider and decide upon a bill for granting such consent in joint session. article 29 one or more persons may be excluded from the hereditary succession by act of parliament if exceptional circumstances necessitate. the bill for this purpose shall be presented by or on behalf of the king. the two houses of the states general shall consider and decide upon the matter in joint session. such a bill shall be passed only if at least two-thirds of the votes cast are in favor. article 30 a successor to the throne may be appointed by act of parliament if it appears that there will otherwise be no successor. the bill shall be presented by or on behalf of the king, upon which the houses shall be dissolved. the newly convened houses shall discuss and decide upon the matter in joint session. such a bill shall be passed only if at least twothirds of the votes cast are in favor. the houses shall be dissolved if there is no successor on the death or abdication of the king. the newly convened houses shall meet in joint session within four months of the decease or abdication in order to decide on the appointment of a king. they may appoint a successor only if at least two-thirds of the votes cast are in favor. article 31 an appointed king may be succeeded only by his legitimate descendants by virtue of hereditary succession. the provisions on hereditary succession and the first paragraph of this article shall apply mutatis mutandis to an appointed successor who has not yet become king. article 32 upon assuming the royal prerogative the king shall be sworn in and inaugurated as soon as possible in the capital city, amsterdam, at a public and joint session of the two houses of the states general. the king shall swear or promise allegiance to the constitution and that he will faithfully discharge his duties. specific rules shall be laid down by act of parliament. article 33 the king shall not exercise the royal prerogative before attaining the age of eighteen. article 34 parental responsibility for and guardianship of a king who is a minor, and the supervision thereof, shall be regulated by act of parliament. the two houses of the states general shall meet in joint session to consider and decide upon the matter. article 35 if the cabinet (ministerraad) is of the opinion that the king is unable to exercise the royal prerogative it shall inform the two houses of the states general accordingly and shall also present to them the recommendation it has requested from the council of state (raad van state). the two houses of the states general shall then meet in joint session. if the two houses of the states general share this opinion, they shall then resolve that the king is unable to exercise the royal prerogative. this resolution shall be made public on the instructions of the speaker presiding over the joint session and shall enter into force immediately. as soon as the king regains the ability to exercise the royal prerogative, notice of the fact shall be given in an act of parliament. the two houses of the states general shall consider and decide upon the matter in joint session. the king shall resume the exercise of the royal prerogative as soon as the act has been made public. if it has been resolved that the king is unable to exercise the royal prerogative, guardianship over his person shall, if necessary, be regulated by act of parliament. the two houses of the states general shall consider and decide upon the matter in joint session. article 36 the king may temporarily relinquish the exercise of the royal prerogative and resume the exercise thereof pursuant to act of parliament. the relevant bill shall be presented by or on behalf of the king. the two houses of the states general shall consider and decide upon the matter in joint session. article 37 the royal prerogative shall be exercised by a regent: until the king has attained the age of eighteen; if the title to the throne may vest in an unborn child; if it has been resolved that the king is unable to exercise the royal prerogative; if the king has temporarily relinquished the exercise of the royal prerogative; in the absence of a successor following the death or abdication of the king. the regent shall be appointed by act of parliament. the two houses of the states general shall consider and decide upon the matter in joint session. in the cases specified in paragraph i (c) and (d) above, the descendant of the king who is the heir presumptive shall become regent by right if he has attained the age of eighteen. the regent shall swear or promise allegiance to the constitution and that he will faithfully discharge his duties before the two houses of parliament meeting in joint session. rules regarding the office of regent shall be made by act of parliament, which may contain provisions for succession and replacement. the two houses of the states general shall consider and decide upon the matter in joint session. articles 35 and 36 shall apply mutatis mutandis to the regent. article 38 the royal prerogative shall be exercised by the council of state until such time as alternative provision is made for the exercise of such power. article 39 membership of the royal house shall be regulated by act of parliament. article 40 the king shall receive annual payments from the state according to rules to be laid down by act of parliament. the act shall also specify which other members of the royal house shall receive payments from the state and shall regulate the payments themselves. the payments received by them from the state, together with such assets as are of assistance to them in the exercise of their duties, shall be exempt from personal taxation. in addition anything received by the king or his heir presumptive from a member of the royal house by inheritance or as a gift shall be exempt from inheritance tax, transfer tax or gifts tax. additional exemption from taxation may be granted by act of parliament. bills containing legislation as referred to in the previous paragraphs may be passed by the states general only if at least two-thirds of the votes cast are in favor. article 41 the king shall organize his household, taking due account of the public interest. §2. the king and the ministers article 42 the government shall comprise the king and the ministers. the ministers, and not the king, shall be responsible for acts of government. article 43 the prime minister and the other ministers shall be appointed and dismissed by royal decree. article 44 ministries shall be established by royal decree. they shall be headed by a minister. non-departmental ministers may also be appointed. article 45 the ministers shall together constitute the cabinet. the prime minister shall chair the cabinet. the cabinet shall consider and decide upon overall government policy and shall promote the coherence thereof. article 46 state secretaries may be appointed and dismissed by royal decree. a state secretary shall act with ministerial authority in place of the minister in cases in which the minister considers it necessary; the state secretary shall observe the minister's instructions in such cases. responsibility shall rest with the state secretary without prejudice to the responsibility of the minister. article 47 all acts of parliament and royal decrees shall be signed by the king and by one or more ministers or state secretaries. article 48 the royal decree appointing the prime minister shall be countersigned by the latter. royal decrees appointing or dismissing ministers and state secretaries shall be countersigned by the prime minister. article 49 upon accepting office ministers and state secretaries shall swear an oath or make an affirmation and promise in the presence of the king, in the manner prescribed by act of parliament, that they have not done anything which may legally debar them from holding office, and shall also swear or promise allegiance to the constitution and that they will faithfully discharge their duties. chapter 3. the states general §1. organization and composition article 50 the states general shall represent the entire people of the netherlands. article 51 the states general shall consist of a lower house (tweede kamer) and an upper house (eerste kamer). the lower house shall consist of one hundred and fifty members. the upper house shall consist of seventy-five members. the two houses shall be deemed a single entity when they meet in joint session. article 52 the duration of both houses shall be four years. the duration of the upper house shall be amended accordingly if the duration of the provincial councils (provinciale staten) is altered by act of parliament to a term other than four years. article 53 the members of both houses shall be elected by proportional representation within the limits to be laid down by act of parliament. elections shall be by secret ballot. article 54 the members of the lower house shall be elected directly by dutch nationals who have attained the age of eighteen, with the exception of any dutch nationals who may be excluded by act of parliament by virtue of the fact that they are not resident in the netherlands. anyone who has committed an offence designated by act of parliament and has been sentenced as a result by a final and conclusive judgment of a court of law to a custodial sentence of not less than one year and simultaneously disqualified from voting shall not be entitled to vote. article 55 the members of the upper house shall be chosen by the members of the provincial councils. the election shall take place not more than three months after the election of the members of the provincial councils except in the event of the dissolution of the house. article 56 to be eligible for membership of the states general, a person must be a dutch national, must have attained the age of eighteen years and must not have been disqualified from voting. article 57 no one may be a member of both houses. a member of the states general may not be a minister, state secretary, member of the council of state, member of the court of audit (algemene rekenkamer), national ombudsman or deputy ombudsman, member of the supreme court, or procurator general or advocate general at the supreme court. notwithstanding the above, a minister or state secretary who has offered to tender his resignation may combine the said office with membership of the states general until such time as a decision is taken on such resignation. other public functions which may not be held simultaneously by a person who is a member of the states general or of one of the houses may be designated by act of parliament. article 57a the temporary replacement of a member of the states general during pregnancy and maternity leave or during illness shall be regulated by act of parliament. article 58 each house shall examine the credentials of its newly appointed members and shall decide with due reference to rules to be established by act of parliament any disputes arising in connection with the credentials or the election. article 59 all other matters pertaining to the right to vote and to elections shall be regulated by act of parliament. article 60 upon accepting office members of the houses shall swear an oath or make an affirmation and promise before the house in the manner prescribed by act of parliament that they have not done anything which may legally debar them from holding office, and shall also swear or promise allegiance to the constitution and that they will faithfully discharge their duties. article 61 each house shall appoint a speaker from among its members. each house shall appoint a clerk who, like the other officials of the two houses, may not be a member of the states general. article 62 the speaker of the upper house shall preside when the two houses meet in joint session. article 63 financial remuneration for members and former members of the states general and their dependants shall be regulated by act of parliament. the houses may pass a bill on the matter only if at least two-thirds of the votes cast are in favor. article 64 each of the houses may be dissolved by royal decree. a decree for dissolution shall also require new elections to be held for the house which has been dissolved and the newly elected house to meet within three months. the dissolution shall take effect on the day on which the newly elected house meets. the duration of a lower house that meets following a dissolution shall be determined by act of parliament; the term may not exceed five years. the duration of an upper house that meets following a dissolution shall end at the time at which the duration of the dissolved house would have ended. §2. procedure article 65 a statement of the policy to be pursued by the government shall be given by or on behalf of the king before a joint session of the two houses of the states general that shall be held every year on the third tuesday in september or on such earlier date as may be prescribed by act of parliament. article 66 the sittings of the states general shall be held in public. the sittings shall be held in camera if one tenth of the members present so require or if the speaker considers it necessary. the house, or the two houses meeting in joint session, shall then decide whether the deliberations are to continue and the decisions to be taken in camera. article 67 the two houses may deliberate or take decisions, either separately or in joint session, only if more than half of the members are present. decisions shall be taken by majority. the members shall not be bound by a mandate or instructions when casting their votes. voting on items of business not relating to individuals shall be oral and by roll call if requested by one member. article 68 ministers and state secretaries shall provide, orally or in writing, the houses either separately or in joint session with any information requested by one or more members, provided that the provision of such information does not conflict with the interests of the state. article 69 ministers and state secretaries shall have the right to attend sittings of the states general and may take part in the deliberations. they may be invited to be present at sittings of the houses of the states general meeting either separately or in joint session. they may be assisted at the sittings by persons nominated by them. article 70 the two houses shall jointly and separately have the right of inquiry (enquête) to be regulated by act of parliament. article 71 members of the states general, ministers, state secretaries and other persons taking part in deliberations may not be prosecuted or otherwise held liable in law for anything they say during the sittings of the states general or of its committees or for anything they submit to them in writing. article 72 each house of the states general and the two houses in joint session shall draw up rules of procedure. chapter 4. council of state, court of audit, national ombudsman and permanent advisory bodies article 73 the council of state or a division of the council shall be consulted on bills and draft orders in council as well as proposals for the approval of treaties by the states general. such consultation may be dispensed with in cases to be laid down by act of parliament. the council or a division of the council shall be responsible for investigating administrative disputes where the decision has to be given by royal decree, and for advising on the ruling to be given in the said dispute. the council or a division of the council may be required by act of parliament to give decisions in administrative disputes. article 74 the king shall be president of the council of state. the heir presumptive shall be legally entitled to have a seat on the council on attaining the age of eighteen. other members of the royal house may be granted a seat on the council by or in accordance with an act of parliament. the members of the council shall be appointed for life by royal decree. they shall cease to be members of the council on resignation or on attaining an age to be determined by act of parliament. they may be suspended or dismissed from membership by the council in instances specified by act of parliament. their legal status shall in other respects be regulated by act of parliament. article 75 the organization, composition and powers of the council of state shall be regulated by act of parliament. additional duties may be assigned to the council or a division of the council by act of parliament. article 76 the court of audit (algemene rekenkamer) shall be responsible for examining the state's revenues and expenditures. article 77 the members of the court of audit shall be appointed for life by royal decree from a list of three persons per vacancy drawn up by the lower house of the states general. they shall cease to be members on resignation or on attaining an age to be determined by act of parliament. they may be suspended or dismissed from membership by the supreme court in cases to be laid down by act of parliament. their legal status shall in other respects be regulated by act of parliament. article 78 the organization, composition and powers of the court of audit shall be regulated by act of parliament. additional duties may be assigned to the court of audit by act of parliament. article 78a the national ombudsman shall investigate, on request or of his own accord, actions taken by administrative authorities of the state and other administrative authorities designated by or pursuant to act of parliament. the national ombudsman and a deputy ombudsman shall be appointed by the lower house of the states general for a period to be determined by act of parliament. they may resign or retire on attaining an age to be determined by act of parliament. they may be suspended or dismissed by the lower house of the states general in instances specified by act of parliament. their legal status shall in other respects be regulated by act of parliament. the powers and methods of the national ombudsman shall be regulated by act of parliament. additional duties may be assigned to the national ombudsman by or pursuant to act of parliament. article 79 permanent bodies to advise on matters relating to legislation and administration of the state shall be established by or pursuant to act of parliament. the organization, composition and powers of such bodies shall be regulated by act of parliament. duties in addition to advisory ones may be assigned to such bodies by or pursuant to act of parliament. article 80 the recommendations made by the bodies referred to in the present chapter shall be made public according to rules to be laid down by act of parliament. other than in cases to be laid down by act of parliament, recommendations made in respect of bills presented by or on behalf of the king shall be submitted to the states general. chapter 5. legislation and administration §1. acts of parliament and other regulations article 81 acts of parliament shall be enacted jointly by the government and the states general. article 82 bills may be presented by or on behalf of the king or by the lower house of the states general. bills which require consideration by a joint session of the states general may be presented by or on behalf of the king or by a joint session of the states general insofar as this is consistent with the relevant articles of chapter 2. bills to be presented by the lower house or by a joint session of the states general shall be introduced in the house or the joint session as the case may be by one or more members. article 83 bills presented by or on behalf of the king shall be sent to the lower house or to the joint session if consideration by a joint session of the states general is required. article 84 a bill presented by or on behalf of the king that has not yet been passed by the lower house or by a joint session of the states general may be amended by the house or the joint session as the case may be on the proposal of one or more members or by the government. any bill being presented by the lower house or a joint session of the states general that has not yet been passed may be amended by the house or joint session as the case may be on the proposal of one or more members or by the member or members introducing the bill. article 85 as soon as the lower house passes a bill or resolves to present a bill, it shall send it to the upper house which shall consider the bill as sent to it by the lower house. the lower house may instruct one or more of its members to defend a bill presented by it in the upper house. article 86 a bill may be withdrawn by or on behalf of the proposer until such time as it is passed by the states general. a bill which is to be presented by the lower house or by a joint session of the states general may be withdrawn by the member or members introducing it until such time as it is passed. article 87 a bill shall become an act of parliament once it has been passed by the states general and ratified by the king. the king and the states general shall inform each other of their decision on any bill. article 88 the publication and entry into force of acts of parliament shall be regulated by act of parliament. they shall not enter into force before they have been published. article 89 orders in council shall be established by royal decree. any regulations to which penalties are attached shall be embodied in such orders only in accordance with an act of parliament. the penalties to be imposed shall be determined by act of parliament. publication and entry into force of orders in council shall be regulated by act of parliament. they shall not enter into force before they have been published. the second and third paragraphs shall apply mutatis mutandis to other generally binding regulations established by the state. §2. miscellaneous provisions article 90 the government shall promote the development of the international legal order. article 91 the kingdom shall not be bound by treaties, nor shall such treaties be denounced without the prior approval of the states general. the cases in which approval is not required shall be specified by act of parliament. the manner in which approval shall be granted shall be laid down by act of parliament, which may provide for the possibility of tacit approval. any provisions of a treaty that conflict with the constitution or which lead to conflicts with it may be approved by the houses of the states general only if at least two-thirds of the votes cast are in favor. article 92 legislative, executive and judicial powers may be conferred on international institutions by or pursuant to a treaty, subject, where necessary, to the provisions of article 91 paragraph 3. article 93 provisions of treaties and of resolutions by international institutions which may be binding on all persons by virtue of their contents shall become binding after they have been published. article 94 statutory regulations in force within the kingdom shall not be applicable if such application is in conflict with provisions of treaties that are binding on all persons or of resolutions by international institutions. article 95 rules regarding the publication of treaties and decisions by international institutions shall be laid down by act of parliament. article 96 a declaration that the kingdom is in a state of war shall not be made without the prior approval of the states general. such approval shall not be required in cases where consultation with parliament proves to be impossible as a consequence of the actual existence of a state of war. the two houses of the states general shall consider and decide upon the matter in joint session. the provisions of the first and third paragraphs shall apply mutatis mutandis to a declaration that a state of war has ceased. article 97 there shall be armed forces for the defense and protection of the interests of the kingdom, and in order to maintain and promote the international legal order. the government shall have supreme authority over the armed forces. article 98 the armed forces shall consist of volunteers and may also include conscripts. compulsory military service and the power to defer the call-up to active service shall be regulated by act of parliament. article 99 exemption from military service because of serious conscientious objections shall be regulated by act of parliament. article 99a duties may be assigned for the purpose of civil defense in accordance with rules laid down by act of parliament. article 100 the government shall inform the states general in advance if the armed forces are to be deployed or made available to maintain or promote the international legal order. this shall include the provision of humanitarian aid in the event of armed conflict. the provisions of paragraph 1 shall not apply if compelling reasons exist to prevent the provision of information in advance. in this event, information shall be supplied as soon as possible. article 101 (lapsed in accordance with kingdom act of 10 july 1995, bulletin of acts and decrees, 401) article 102 (lapsed in accordance with kingdom act of 22 june 2000, bulletin of acts and decrees, 294) article 103 the cases in which a state of emergency, as defined by act of parliament, may be declared by royal decree in order to maintain internal or external security shall be specified by act of parliament. the consequences of such a declaration shall be governed by act of parliament. such a declaration may depart from the provisions of the constitution relating to the powers of the executive bodies of the provinces, municipalities and water boards (waterschappen), the basic rights laid down in article 6, insofar as the exercise of the right contained in this article other than in buildings and enclosed places is concerned, articles 7, 8, 9 and 12 paragraphs 2 and 3, article 13 and article 113 paragraphs i and 3. immediately after the declaration of a state of emergency and whenever it considers it necessary, until such time as the state of emergency is terminated by royal decree, the states general shall decide the duration of the state of emergency. the two houses of the states general shall consider and decide upon the matter in joint session. article 104 taxes imposed by the state shall be levied pursuant to act of parliament. other levies imposed by the state shall be regulated by act of parliament. article 105 the estimates of the state's revenues and expenditures shall be laid down by act of parliament. bills containing general estimates shall be presented by or on behalf of the king every year on the date specified in article 65. a statement of the state's revenues and expenditures shall be presented to the states general in accordance with the provisions of the relevant act of parliament. the balance sheet approved by the court of audit shall be presented to the states general. rules relating to the management of the state's finances shall be prescribed by act of parliament. article 106 the monetary system shall be regulated by act of parliament. article 107 civil law, criminal law and civil and criminal procedure shall be regulated by act of parliament in general legal codes without prejudice to the power to regulate certain matters in separate acts of parliament. the general rules of administrative law shall be laid down by act of parliament. article 108 (lapsed in accordance with kingdom act of 25 february 1999, bulletin of acts and decrees, 133) article 109 the legal status of public servants shall be regulated by act of parliament. rules regarding employment protection and codetermination for public servants shall also be laid down by act of parliament. article 110 in the exercise of their duties government bodies shall observe the right of public access to information in accordance with rules to be prescribed by act of parliament. article 111 honors shall be established by act of parliament. chapter 6. the administration of justice article 112 the adjudication of disputes involving rights under civil law and debts shall be the responsibility of the judiciary. responsibility for the adjudication of disputes which do not arise from matters of civil law may be granted by act of parliament either to the judiciary or to courts that do not form part of the judiciary. the method of dealing with such cases and the consequences of decisions shall be regulated by act of parliament. article 113 the trial of offences shall also be the responsibility of the judiciary. disciplinary proceedings established by government bodies shall be regulated by act of parliament. a sentence entailing deprivation of liberty may be imposed only by the judiciary. different rules may be established by act of parliament for the trial of cases outside the netherlands and for martial law. article 114 capital punishment may not be imposed. article 115 appeal to a higher administrative authority shall be admissible in the case of the disputes referred to in article 112, paragraph 2. article 116 the courts which form part of the judiciary shall be specified by act of parliament. the organization, composition and powers of the judiciary shall be regulated by act of parliament. in cases provided for by act of parliament, persons who are not members of the judiciary may take part with members of the judiciary in the administration of justice. the supervision by members of the judiciary responsible for the administration of justice of the manner in which such members and the persons referred to in the previous paragraph fulfill their duties shall be regulated by act of parliament. article 117 members of the judiciary responsible for the administration of justice and the procurator general at the supreme court shall be appointed for life by royal decree. such persons shall cease to hold office on resignation or on attaining an age to be determined by act of parliament. in cases laid down by act of parliament such persons may be suspended or dismissed by a court that is part of the judiciary and designated by act of parliament. their legal status shall in other respects be regulated by act of parliament. article 118 the members of the supreme court of the netherlands shall be appointed from a list of three persons drawn up by the lower house of the states general. in the cases and within the limits laid down by act of parliament, the supreme court shall be responsible for annulling court judgments which infringe the law (cassation). additional duties may be assigned to the supreme court by act of parliament. article 119 present and former members of the states general, ministers and state secretaries shall be tried by the supreme court for offences committed while in office. proceedings shall be instituted by royal decree or by a resolution of the lower house. article 120 the constitutionality of acts of parliament and treaties shall not be reviewed by the courts. article 121 except in cases laid down by act of parliament, trials shall be held in public and judgments shall specify the grounds on which they are based. judgments shall be pronounced in public. article 122 pardons shall be granted by royal decree upon the recommendation of a court designated by act of parliament and with due regard to regulations to be laid down by or pursuant to act of parliament. amnesty shall be granted by or pursuant to act of parliament. chapter 7. provinces, municipalities, water boards and other public bodies article 123 provinces and municipalities may be dissolved and new ones established by act of parliament. revisions to provincial and municipal boundaries shall be regulated by act of parliament. article 124 the powers of provinces and municipalities to regulate and administer their own internal affairs shall be delegated to their administrative organs. provincial and municipal administrative organs may be required by or pursuant to act of parliament to provide regulation and administration. article 125 the provinces and municipalities shall be headed by provincial and municipal councils respectively. their meetings shall be public except in cases provided for by act of parliament. in addition, the administration of a province shall consist of the provincial executive and the king's commissioner (commissaris van de koning); the administration of a municipality shall consist of the municipal executive (college van burgemeester en wethouders) and the mayor. article 126 the king's commissioner may be charged by act of parliament with the execution of official instructions to be given by the government. article 127 provincial and municipal ordinances shall be enacted by the provincial or municipal councils respectively, except in cases specified by act of parliament or by them pursuant to an act of parliament. article 128 except in cases laid down in article 123, the powers referred to in article 124, paragraph i may be assigned to bodies other than those specified in article 125 only by the provincial or municipal councils respectively. article 129 the members of provincial and municipal councils shall be directly elected by dutch nationals resident in the province or municipality as the case may be who satisfy the requirements laid down for elections to the lower house of the states general. the same conditions apply to membership. the members shall be elected by proportional representation within the boundaries to be laid down by act of parliament. articles 53, paragraph 2, and 59 shall apply. article 57a shall apply mutatis mutandis. the duration of provincial and municipal councils shall be four years unless otherwise provided for by act of parliament. the positions which may not be held simultaneously with membership shall be specified by act of parliament. the act may also provide that obstacles to membership will arise from family ties or marriage and that the commission of certain acts designated by act of parliament may result in loss of membership. the members shall not be bound by a mandate or instructions when casting their votes. article 130 the right to elect members of a municipal council and the right to be a member of a municipal council may be granted by act of parliament to residents who are not dutch nationals provided they fulfill at least the requirements applicable to residents who are dutch nationals. article 131 the king's commissioners and the mayors shall be appointed by royal decree. article 132 both the organization of provinces and municipalities and the composition and powers of their administrative organs shall be regulated by act of parliament. supervision of the administrative organs shall be regulated by act of parliament. decisions by the administrative organs shall be subject to prior supervision only in cases specified by or pursuant to act of parliament. decisions by the administrative organs may be quashed only by royal decree and on the grounds that they conflict with the law or the public interest. provisions in the event of non-compliance in matters of regulation and administration required under article 124, paragraph 2, shall be regulated by act of parliament. provisions may be made by act of parliament notwithstanding articles 125 and 127 in cases of gross neglect of duty by the administrative organs of a province or municipality. the taxes which may be levied by the administrative organs of provinces and municipalities and their financial relationships with the central government shall be regulated by act of parliament. article 133 insofar as it is not otherwise provided by or pursuant to act of parliament, the establishment or dissolution of water boards (waterschappen), the regulation of their duties and organization together with the composition of their administrative organs shall be effected by provincial ordinance according to rules laid down by act of parliament. the legislative and other powers of the administrative organs of water boards and public access to their meetings shall be regulated by act of parliament. supervision of these administrative organs by provincial and other bodies shall be regulated by act of parliament. decisions by the administrative organs may be quashed only if they conflict with the law or the public interest. article 134 public bodies for the professions and trades and other public bodies may be established and dissolved by or pursuant to act of parliament. the duties and organization of such bodies, the composition and powers of their administrative organs and public access to their meetings shall be regulated by act of parliament. legislative powers may be granted to their administrative organs by or pursuant to act of parliament. supervision of the administrative organs shall be regulated by act of parliament. decisions by the administrative organs may be quashed only if they are in conflict with the law or the public interest. article 135 rules pertaining to matters in which two or more public bodies are involved shall be laid down by act of parliament. these may provide for the establishment of a new public body, in which case article 134, paragraphs 2 and 3, shall apply. article 136 disputes between public bodies shall be settled by royal decree unless they fall within the competence of the judiciary or decisions are referred to other bodies by act of parliament. chapter 8. revision of the constitution article 137 an act of parliament shall be passed stating that an amendment to the constitution in the form proposed shall be considered. the lower house may divide a bill presented for this purpose into a number of separate bills, either upon a proposal presented by or on behalf of the king or otherwise. the lower house shall be dissolved after the bill referred to in the first paragraph has been published. after the new lower house has assembled, the two houses of the states general shall consider, at second reading, the bill referred to in the first paragraph. the bill shall be passed only if at least two thirds of the votes cast are in favor. the lower house may divide a bill for the amendment of the constitution into a number of separate bills, either upon a proposal presented by or on behalf of the king or otherwise, if at least two-thirds of the votes cast are in favor. article 138 before bills to amend the constitution which have been given a second reading have been ratified by the king, provisions may be introduced by act of parliament whereby: the proposals adopted and the unamended provisions of the constitution are adjusted to each other as required; the division into chapters, sections and articles and the headings and numbering thereof are modified. a bill containing provisions as referred to under paragraph l(a) shall be passed by the two houses only if at least two-thirds of the votes cast are in favor. article 139 amendments to the constitution passed by the states general and ratified by the king shall enter into force immediately after they have been published. article 140 existing acts of parliament and other regulations and decrees which are in conflict with an amendment to the constitution shall remain in force until provisions are made in accordance with the constitution. article 141 the text of the revised constitution shall be published by royal decree in which the chapters, sections and articles may be renumbered and references to them altered accordingly. article 142 the constitution may be brought into line with the charter for the kingdom of the netherlands by act of parliament. articles 139, 140 and 141 shall apply mutatis mutandis. additional articles article i articles 57a and 129, paragraph 3, second sentence, shall enter into force only after four years or on such earlier date as may be prescribed by or pursuant to act of parliament. article ii the amendment to article 54, paragraph 2 shall enter into force only after five years or on such earlier date as may be prescribed by or pursuant to act of parliament. this period may be extended for up to five years by act of parliament. articles iii-viii (lapsed in accordance with kingdom act of 10 july 1995, bulletin of acts and decrees, 404) article ix 'article 16 shall not apply to offences made punishable by the wartime offences decree (besluit buitengewoon strafrecht). article x (lapsed in accordance with kingdom act of 10 july 1995, bulletin of acts and decrees, 404) article xi (lapsed in accordance with kingdom act of 6 october 1999, bulletin of acts and decrees, 454) articles xii-xvi (lapsed in accordance with kingdom act of 10 july 1995, bulletin of acts and decrees, 404) article xvii (lapsed in accordance with kingdom act of 25 february 1999, bulletin of acts and decrees, 135) article xviii (lapsed in accordance with kingdom act of 10 july 1995, bulletin of acts and decrees, 404) article xix the wording of the proclamation of acts of parliament as laid down in article 81 of the 1972 version of the constitution, the wording of messages accompanying bills sent from one house to the other or to the king and of the king's message to the states general containing his decision on the bill, as laid down in articles 123, 124, 127, 128 and 130 of the 1972 version of the constitution, shall remain in force until such time as other arrangements are made. article xx (lapsed in accordance with kingdom act of 10 july 1995, bulletin of acts and decrees, 402) article xxi (lapsed in accordance with kingdom act of 6 october 1999, bulletin of acts and decrees, 454) articles xxii-xxiii (lapsed in accordance with kingdom act of 10 july 1995, bulletin of acts and decrees, 404) articles xxiv-xxv (lapsed in accordance with kingdom act of 25 february 1999, bulletin of acts and decrees, 135) articles xxvi-xxix (lapsed in accordance with kingdom act of 10 july 1995, bulletin of acts and decrees, 404) article xxx (lapsed in accordance with kingdom act of 6 october 1999, bulletin of acts and decrees, 454) articles of the 1972 and 1983 text of the constitution which are to remain in force for the time being article 54, paragraph 2 the following persons shall not be entitled to vote: a. anyone who has committed an offence designated by act of parliament and has been sentenced as a result by a final and conclusive judgment of a court of law to a custodial sentence of not less than one year and simultaneously disqualified from voting; b. anyone who has been deemed legally incompetent by a final and conclusive judgment of a court because of mental disorder. article 81 the form of promulgating laws shall be as follows: "we" etc. "king of the netherlands," etc. "greetings to all those who shall see or hear these presents! be it known: "whereas we have considered that" etc. (the reasons of the law.) "thus it is that we, having heard the council of state, and in consultation with the states general, have approved and decreed, as we hereby approve and decree" etc. (the contents of the law.) "given", etc. in the event that a queen reigns or royal authority is exercised by a regent or by the council of state, the necessary modification shall be made in this form. article 130 the king shall notify the states general as soon as possible whether he approves or disapproves a bill which has been passed by it. such notification shall take place by means of one of the following forms: "the king assents to the bill." or: "the king is considering the bill." preamble the comorian people solemnly affirm their will to: cultivate a national identity based on a sole people, a sole religion (sunni islam) and a sole language; promote religious and moral practices of a nature to assure an education which strengthens the national conscience; develop sport and culture as elements of promotion of the national spirit; guarantee the pursuit of a common destiny among all comorians; make of the return of the island of mayotte in its natural whole, a national priority; demonstrate their commitment to the principles of fundamental rights as they are defined by the charter of the united nations, the organization of african unity, the pact of the league of the arab states, the universal declaration of the rights of man of the united nations, the african charter on the rights of man and of peoples, as well as the international conventions, notably those concerning the rights of the child and of the woman. it equally affirms: its determination to establish a state of law founded on the principle of popular sovereignty and of democracy, instituting a range of rights, duties, freedoms and guarantees for all citizens; a system of government founded on the separation of powers; and a public administration in the service of citizens and of development; its commitment to promote and reinforce the ways and means which aim to prevent, fight and eradicate corruption, the embezzlement of public assets and funds, which hinder efforts tending to promote democratic governance, socio-economic transformation, peace and security. it demands that the authorities criminally prosecute or have prosecuted the perpetrators of the above-mentioned acts. it expresses its fundamental opposition to arbitrary actions, regionalism, separatism and to any other act infringing on the territorial integrity and the national unity. taking into account the principal recommendations formulated by the assembly of the assises nationales [national assizes/conference] of february 2018, this constitution aims to establish an institutional framework permitting the advent of an era of democratic, social, economic and cultural renewal, in a climate of peace and justice. this preamble is an integral part of the constitution. title i. fundamental principles chapter i. of the union of the comoros article 1 the union of the comoros is a sovereign, unitary and democratic republic that guarantees the respect for the dignity of persons and recognizes the inviolability and inalienability of human rights as the foundation for every human community, for peace and for justice. article 2 the union of the comoros equally recognizes the equality of all citizens before the law, without distinction of race, sex, religion, political belief, and it assures all citizens the full enjoyment of fundamental freedoms. article 3 sovereignty belongs to the people who exercise it through their representatives or through referendum. no section of the people nor any individual may arrogate its exercise. suffrage may be direct or indirect within the conditions provided for by the constitution and the law. it is always universal, equal and secret. all comorians of the two sexes enjoying their civil and political rights are electors, within the conditions determined by the law. article 4 the state submits itself to the constitution, is based on democratic legality, and respects the laws as well as having them respected. article 5 all those considered as such by the law or by virtue of an international convention are comorian citizens. outside of the cases where the law specifies otherwise, no comorian by birth may be deprived of their nationality. article 6 the territory of the union of the comoros is composed of: the islands and islets of mwali (mohéli), maoré (mayotte), ndzuwani (anjouan) and ngazidja (grande comore). the archipelagic waters and the territorial sea as defined by the law and the international conventions, as well as the respective seabed and subsoil; of the airspace above the geographic zones mentioned in the preceding paragraphs. article 7 the union of the comoros possesses sovereign rights in matters of conservation, of exploitation and of determining the value of the living and nonliving natural resources in the contiguous zone, in the exclusive economic zone, and on the continental shelf as defined by the law, and has jurisdiction over these regions, by virtue of domestic right and of the rules of international law. the state may not give up any parcel of the national territory or any sovereign rights it exercises over it. article 8 the state has for fundamental missions: to preserve territorial independence and integrity, to guarantee the unity of the comorian nation and to create the requisite political, economic, social and cultural conditions. to guarantee respect for human rights and to assure to all citizens the full exercise of their rights and fundamental freedoms; to guarantee respect for the republican form of government and for the principles particular to a state of democratic law; to guarantee the democratic policy and the democratic participation of the citizens in the organization of political power and in the other aspects of the political and social life of the nation; to promote the well-being and the quality of life of the comorian people; to encourage social solidarity, the autonomous organization of civil society, as well as individual merit, initiative and creativity; to support the comorian community throughout the world in participation in the country's economic development and to favor within the country the preservation and development of comorian culture; to promote instruction, culture, scientific research, the diffusion and the utilization of new technologies as well as the propagation of comorian culture in the world; to protect the landscape, nature, the natural resources and the environment, as well as the historic, cultural and artistic patrimony of the nation; to guarantee to the foreigners residing in a permanent or temporary manner in the comoros or in transit on the national territory, a treatment conforming to international rules, with respect for human rights, and the exercise of the rights that are not exclusive to comorian citizens by virtue of the constitution or by the law. article 9 the flag, the seals and the national anthem are the symbols of the union of the comoros and of national sovereignty. the national flag is composed of four horizontal bands of equal width, superimposed, arranged in the lengthwise, yellow, white, red and blue in color, starting from the top to the bottom. a green isosceles triangle is placed on the side of the pole. a white crescent figures, with four white stars aligned from one end to the other of the crescent. the national anthem is: umodja wa massiwa. the motto of the union is: "unité – solidarité – développement" [unity-solidarity-development]. the official languages are the shikomor national language, french, and arabic. the seal of the state is determined by the law. article 10 moroni is the capital of the union of the comoros; a law determines its status. an organic law determines the islands where the institutions of the union sit, if circumstances thus require. chapter ii. of international relations and international law article 11 the international relations of the union of the comoros are governed by the principles of national independence, respect for international law and human rights, equality between states, non-interference in the domestic affairs of foreign nations, reciprocity of advantages accorded, cooperation with all other peoples and peaceful coexistence. the union of the comoros commits to providing international organizations, in particular the organization of the united nations, the african union and the league of the arab states, all the necessary collaboration in order to find a peaceful solution to conflicts and to assure international peace and justice as well as respect for human rights and for fundamental freedoms; it also supports all efforts of the international community which aim to guarantee respect for the principles consecrated in the charter of the united nations. the union of the comoros commits to reinforcing african identity, unity and integration and to support cooperative actions in favor of development, democracy, progress and the well-being of peoples, respect for human rights, peace and justice. article 12 peace treaties, commerce treaties, treaties or agreements related to international organization, those which involve state finances, which modify provisions of a legislative nature, which are related to the status of persons, which include cession, exchange or adjunction of territory, may only be ratified or approved by virtue of a law. they only take effect after being ratified or approved. if the supreme court, referred to the matter by the president of the union, by the president of the assembly of the union or by the governors of the islands, declares that an international commitment includes a clause contrary to the constitution, the authorization to ratify it or approve it may only occur after constitutional revision. the treaties or agreements regularly ratified have, from their declaration, an authority superior to that of the laws of the union, with reservations, for each agreement or treaty, of its application by the other party. title ii. rights and duties of citizens chapter i. general principles article 13 the state recognizes the inviolability of the rights and freedoms consecrated in the constitution and guarantees their protection. article 14 the state and the other public organs are civilly responsible for the actions or omissions of their agents, committed in the exercise of their public functions or due to these functions, which infringe upon, in whatever manner, the rights, freedoms and guarantees of those to whom these rights are granted, or of third parties. article 15 the right to access justice and a defense is guaranteed to all citizens, as well as the right to obtain court decisions in a reasonable time period. article 16 the comorian citizens residing or finding themselves abroad enjoy the rights, freedoms and guarantees consecrated in the constitution, and are subject to the duties established in it on condition that this is not incompatible with their absence from the national territory. article 17 the law may provide for restrictions on the exercise of the political rights and to the accession to certain public functions or employments for comorian citizens of foreign origin. article 18 foreigners residing or sojourning on the national territory enjoy the same rights, the same freedoms, the same guarantees and have the same duties as the comorian citizens, with the exception of the political rights and the rights and duties reserved for national citizens by law or by the constitution. foreigners may exercise public functions of an essentially technical character, in accordance with the law. article 19 rights, freedoms and guarantees may not be suspended except in the case of a declaration of a state of siege or of a state of urgency, in accordance with the provisions of the constitution. chapter ii. rights, [and] individual, political, social and economic freedoms section i. individual rights and freedoms article 20 the physical and moral integrity of persons is inviolable. no one may be submitted to torture, or to cruel, degrading or inhuman penalties or treatments . article 21 the right to liberty is inviolable. the freedom of thought and of expression, of association, of intellectual, artistic or cultural creation, of protest and the other freedoms consecrated by the constitution, the laws and by the international law received within the juridical internal order, are guaranteed. article 22 all citizens enjoy the right to liberty and to security. no one may be deprived of their liberty totally or partially, except by virtue of the law or by a decision of justice. article 23 no comorian may be extradited or deported from their country. article 24 all citizens have the right to access the administration of public function in conditions of equality, in accordance with the provisions provided for by law. article 25 no one may be forced to perform work, except in the cases specified by law. article 26 the domicile is inviolable, except in the cases provided for by law. article 27 the confidentiality of correspondence and of telecommunications is guaranteed, except in the cases provided for by law. the law guarantees the protection of individual computer data. article 28 freedom of information, communication, and the press are guaranteed within the conditions established by law. article 29 the state guarantees to all citizens the right to instruction, to education, to teaching, and to culture. article 30 the state guarantees the rights of women, children, youth and persons living with a disability to be protected by the public powers against all forms of neglect, exploitation and violence. article 31 all citizens enjoy the freedom of movement, except in the case of restrictions provided for by law. section ii. political rights article 32 all citizens have the right to participate in political life, directly or by the intermediary of representatives freely elected. article 33 all citizens have the right to access, in conditions of equality and of freedom, the public functions and the elective mandates, within the conditions established by the law. article 34 the union of the comoros recognizes and guarantees the youth and women the right to access political instances of local and national representation. article 35 the political parties and groups participate in the exercise of suffrage, as well as in the civic and political education of the people. they form and freely exercise their activities in accordance with the law. they must respect the national unity, sovereignty and the inviolability of the borders, such as they are internationally recognized, as well as the principles of democracy. the constitution of political parties, insular, regional or local, or of a paramilitary character, or employing subversive methods, is prohibited. the law determines the juridical status of the political parties and regulates the benefits that may be accorded to them by the state. article 36 the political opposition is recognized in the union of the comoros. it exercises its activities freely, within the limits imposed by the law. the law determines the status of the political opposition. section iii. economic and social rights article 37 work is a right recognized to all citizens; the state is required to create the conditions necessary for its effective exercise. article 38 all citizens have the right to the security of the employment and to receive remuneration proportional to the quantity and the quality of the work provided. men and women receive identical remuneration for equal work. article 39 within the conditions provided for by law, the freedom to create syndical associations or professional associations is recognized for workers to defend their collective or individual interests and rights. article 40 no one is obligated to belong to a union, or to a professional association or to continue in one, or to pay dues to union or to a professional association of which they are not a part. article 41 the right to strike is recognized and it is exercised within the framework of the law which regulates it. article 42 all citizens have the right to health. it is notably incumbent on the state: to assure a national health service that is general and hierarchical; to encourage and support the participation of the community in the different levels of health services as well as public and private health initiatives. article 43 all citizens have the right to a healthy and ecologically stable environment, as well as having a duty to protect and conserve it. the state and the communities must adopt policies of defense and of environmental protection with the collaboration of environmental protection groups and see to the rational utilization of all natural resources. article 44 the state determines education policy having as its objective the progressive elimination of illiteracy, continued education, creativity, the addition of schools in the community and the civic instruction of students. chapter iii. of the duties article 45 every individual has duties towards the family, the society and the state as well as towards other institutions recognized by the law. article 46 every individual has the duty to respect the rights and freedoms of others, and the moral and common interest. article 47 every individual has the duty to respect and to consider their fellow men without discrimination of any kind, and to maintain with them relations of a nature to promote, to safeguard and to reinforce reciprocal respect and tolerance. article 48 every individual has a duty to participate in the defense of their country. chapter iv. economic and financial organization article 49 the totality of the economic resources and wealth of the country is in the service of the general interest. article 50 the state supports the national economic actors in their relations with the rest of the world, in particular the economic actors and activities which can contribute in a positive manner to the integration of the comoros in the global economic system. article 51 the state guarantees free enterprise as well as the security of capital and investments. the state stimulates, supports and protects foreign investment that contributes to the economic and social development of the country, within the conditions provided for by law. title iii. of the institutions of the union chapter i. of the executive power article 52 the presidency of the union rotates between the islands. each island, through the elected candidate, carries out the presidency of the union for a mandate of five (5) years, renewable once. in no case may an island exercise more than two (2) consecutive mandates. the president of the union is elected by universal direct majority suffrage in two rounds. article 53 the comorian citizen of origin, from the island where the rotation falls, having the status of elector, aged at least thirty-five (35) years the day of the presentation of their candidature and having effectively resided in a permanent manner in the national territory in the course of the twelve months preceding the election, may be a candidate for the presidency of the union. for the purposes of this article, a comorian with maternal or paternal relatives born on this island, is from the island. any comorian who, although not from the island, has lived in an effective manner on the island where the rotation falls during at least ten years preceding the election may equally be a candidate. the comorian who decides to be a candidate to the presidential or gubernatorial election in one island, may not be a candidate in another island. this choice is irrevocable. the modalities of the election mentioned in the preceding paragraph are determined by an organic law. article 54 the president of the union is the symbol of the national unity: he is the guarantor of the inviolability of the borders such as they are internationally recognized, as well as of the sovereignty of the country. he is the arbiter and the moderator of the regular operations of its institutions. he assures the highest representation of the union in international relations. he is the guarantor of respect for the international treaties and agreements. the president of the union determines and conducts foreign policy. he appoints and accredits the ambassadors and the extraordinary envoys to foreign powers. the foreign ambassadors and envoys extraordinary are accredited by him. he negotiates and ratifies the treaties. the president of the union is the head of government. in this function, he determines and leads the policy of the union: he has the public administration at his disposal. he exercises the regulatory power. he appoints to the civil and military positions. the president of the union may delegate certain powers to members of the government. the president of the union is the head of the armies. he is responsible for the foreign defense. the president of the union has the right to pardon. article 55 when the constitutional institutions, the independence of the nation, the integrity of its territory or the execution of its international engagements are threatened in a serious and immediate manner and the regular operations of constitutional institutions are interrupted, the president of the union, after official consultation with the council of ministers, of the president of the assembly of the union and of the supreme court, takes the exceptional measures required by the circumstances. these measures must be motivated by the will to provide the constitutional institutions, with the least delay, the means to accomplish their mission. article 56 the president of the union can, with clearance from the assembly of the union, legislate by ordinance on matters relative to its competence. these ordinances are filed with the bureau of the assembly at the next session following the termination of the time period set by the enabling law. article 57 before assuming his functions, the president of the union swears an oath, his hand on the koran, before the supreme court, attended by the mufti of the republic or in his absence, the grand qadi, according to the following formulation: "i swear before allah, the merciful and the most compassionate to loyally and honestly fulfill the duties of my charge, to only act in the general interest and within respect for the constitution." article 58 in case of vacancy or of permanent impairment of the president, occurring within nine hundred days following the date of investiture of his mandate and declared by the supreme court as referred to the matter by the government, then it proceeds to the election of a new president, within a time period of sixty days. the interim is carried out by the prime minister, within the act of appointment of the ministers and other members of the government. during this period, he may not change the government. if the vacancy or the permanent impairment occurs beyond nine hundred days, the governor of the island carrying out the presidency of the union finishes the mandate. in this case, the duties of the governor are assured by the secretary general of the governorship concerned. article 59 the functions of president of the union are incompatible with the exercise of any other elective mandate, of any other political function, of any public office, of any public or private professional activity or of any function within a directive organ of a political party or group. article 60 the president of the union appoints the ministers and the other members of the government, which may number no more than fifteen. article 61 the government of the union is composed in a manner to assure the just and equitable representation of the islands and a just and equitable division between men and women. article 62 the functions of minister are incompatible with the exercise of any national elective mandate, of any function of professional representation and of any public office or of any professional activity. article 63 the members of the government are responsible for criminal infractions committed within the exercise and outside of the exercise of their functions, before the jurisdictions of common law. article 64 the president of the union promulgates the laws of the union within the thirty days which follow the transmission to the government of the law definitively adopted. he can, before the expiration of this time period, request of the assembly of the union, which decides with absolute majority, a new deliberation of the law or of certain of its articles. this new deliberation cannot be refused. article 65 the president of the union presents once annually a discourse on the state of the union before the assembly of the union. chapter ii. of the legislative power article 66 the assembly of the union is composed of members elected in the national electoral districts and of those representing the comorians settled outside the comoros. article 67 a law establishes the conditions and the modalities of election of each of the categories of the members of the assembly of the union mentioned in the article above, as well as their number. it establishes also the number of electoral districts, the system of ineligibilities and of incompatibilities of the said members. it determines in addition the conditions in which the persons are elected who are called to carry out, in case of vacancy, their replacement until general or partial renewal of the assembly of the union. article 68 the members of the assembly of the union are deputies. they represent the nation. article 69 any deputy who, in the course of a mandate, resigns from their party or changes their political group automatically loses their seat in the assembly of the union. they are replaced by their substitute who finishes the mandate. article 70 the mandate of deputy commences at the date of the opening of the first session and ends at the end of the fifth year. article 71 the election of the deputies takes place within the sixty days preceding the expiration of the powers of the assembly of the union. article 72 the assembly of the union is the legislative organ of the union. it votes on the laws, including the laws of regulation, adopts the budget and controls the action of the government. article 73 the assembly of the union is completely renewed. article 74 the assembly of the union adopts, with the majority of two-thirds of its members, its internal regulations. before the application of these, the supreme court decides on their conformity with the constitution. article 75 the president of the assembly of the union is elected for the duration of the legislature. however, his mandate may be challenged by a motion of disapproval according to the following procedure: the demand is formulated and signed by at least half of the deputies composing the assembly; the vote may only take place forty-eight hours after its submission; only the votes favorable to the motion are counted; the motion is adopted by a majority of two-thirds of the members composing the assembly; the assembly may only vote one motion per year; no motion may be submitted in the course of an extraordinary session; the interim is carried out by the first vice president. he organizes the election of the new president within the fifteen days following the adoption of the motion. article 76 an organic law determines the conditions and the modalities of the election of deputies of the assembly of the union and of its president, the system of ineligibilities and of incompatibilities, as well as their indemnities. article 77 no member of the assembly of the union may be prosecuted, investigated, arrested, detained or judged on the basis of the opinions or votes made by him in the exercise of his functions. article 78 no member of the assembly of the union may, during the time of the sessions, be prosecuted or arrested in a criminal or correctional matter without the authorization of the assembly, except in the case of flagrante delicto. no member of the assembly of the union may, out of session, be arrested without the authorization of the bureau of the assembly, except in case of flagrante delicto, of authorized charges or of definitive condemnation. article 79 the right to vote of the members of the assembly of the union is personal. the law may exceptionally authorize the delegation of the vote to another deputy. in this case, no one may receive a commission of more than one mandate. article 80 the assembly of the union meets of plain right in two ordinary sessions per year, of which the total duration may not exceed six months. the calendar of the sessions is established according to the modalities determined by the internal regulations of the assembly of the union. article 81 the assembly of the union meets in extraordinary session, at the demand of the president of the union or of the absolute majority of the deputies, on a determined agenda. the extraordinary session may not exceed fifteen days counting from the date of its initial meeting. article 82 the sittings of the assembly of the union are in principle public, except for cases provided for by the internal regulations of the assembly. article 83 the initiative of law belongs concurrently to president of the union and to the deputies. the deputies and the government have the right of amendment. the bills of law are deliberated in the council of ministers and filed with the bureau of the assembly of the union. article 84 bills of the members of the assembly of the union, are only receivable if they are communicated to the government before their inscription on the agenda. it is held to return them, with or without observations, within a time period which may not exceed fifteen days. if it appears in the course of the legislative procedure that a bill or an amendment is not in the domain of law or is contrary to an authority agreed to by virtue of article 56, above, the government may oppose the inadmissibility; in case of a disagreement between the government and the assembly of the union, the supreme court, at the demand of one or the other, decides within a time period of eight (8) days. article 85 bills and amendments of the members of the assembly of the union are not admissible when their adoption should have as a consequence either a diminution of the public resources, or the creation or aggravation of a public expense. article 86 the proposals and bills are, at the demand of the government or of the assembly of the union, sent for examination to commissions created by the internal regulations of the assembly of the union or specially established for this purpose. article 87 the laws to which the constitution confers the character of organic laws are voted on and modified within the following conditions. the bill or the proposal of organic law is only submitted to the deliberation and to the vote of the assembly of the union at the expiration of a time of fifteen days after its filing. the organic laws are adopted with the majority of two-thirds of the members composing the assembly of the union. they are promulgated after the supreme court declares that they conform to the constitution. article 88 the assembly of the union votes on finance laws with a two-thirds majority. if it has not been decided within a time period of sixty days after the opening of the second ordinary session, the provisions of the bill may be brought into force by ordinance. chapter iii. of relations between the legislative power and the executive power article 89 other than the matters that are assigned to it by the other articles of the constitution, the law establishes the rules concerning: the civic rights and the fundamental guarantees granted to citizens for the exercise of the public freedoms; the freedom, pluralism and independence of the media; the constraints imposed on citizens on their person and assets; the system of associations and political parties as well as the status of the opposition; nationality, the state and capacity of persons, the law of the family, inheritance and gifts; the determination of crimes and misdemeanors as well as the penalties applicable to them; the criminal procedure; amnesty; the creation of new orders of jurisdiction; the right to work, the syndical right, the right to security and of social security; the base, rate and modalities of tax collection of any nature; the system of issuing currency. article 90 the law establishes equally the rules concerning: the administration of customs services; the mode of management of the domain of the state and of land registry; the mode of management of companies with public capital; the system of ownership, substantive law, and civil and commercial obligations; the electoral system of the assembly of the union and of the local assemblies; the status of functionaries and military personnel as well as the guarantees that are accorded to them; the nationalization of enterprises and the transfer of enterprise ownership from the public sector to the private sector; the expropriations on account of public utility. article 91 the law determines the fundamental principles: of the general organization of the national defense and security; of the general organization of the administrative, social and financial inspectorates; of the free administration of the communes, of their competences and resources; of education and national public diplomas; of information and of the new technologies of communication and information article 92 the matters other than those in the domain of law have a regulatory character. the texts of legislative form acting in these matters before or after this constitution may be modified or abrogated by decree of the president of the union taking prior opinion of the supreme court, referred to the matter by the government article 93 the assembly of the union may adopt resolutions within the conditions established by the law. the proposals of resolutions that include injunctions regarding the government are inadmissible and may not be recorded in the agenda. chapter iv. of the judicial power article 94 the judicial power is independent of the legislative power and the executive power. it is exercised by the supreme court and other courts and tribunals. the judges are subject in the exercise of their functions only to the authority of the law. the presiding magistrates are not removable, save for the cases of necessity of service. article 95 the president of the union is the guarantor of judicial independence. he is assisted by the superior council of the magistrature. an organic law bears the status of the magistrates of the superior council of the magistrature. the judicial organization is determined by the law. article 96 the supreme court is the highest jurisdiction of the union in judicial, administrative, constitutional matters, and matters of accounts. it judges the president of the union in case of high treason. the decisions of the supreme court are not liable to any recourse and impose themselves on the executive power, on the legislative power as well as on all the jurisdictions of the national territory. the modalities of application of this article are established by an organic law. chapter v. of religion article 97 islam is the state religion. the state draws on this religion, the sunni principles and rules of obedience and the chafi'i rites that govern belief and social life. article 98 the mufti of the republic is the highest religious authority of the state. he is appointed by decree of the president of the union. the modalities of application of this article are established by the law. title iv. of the institutions of the islands article 99 the islands are endowed with juridical personality. they enjoy free administration and autonomy of management. each is led administratively by a governor and a consultative council. chapter i. of the governors article 100 the governor is elected by the electors of the island by direct uninominal suffrage in two rounds, for a mandate of five years renewable once. in case of vacancy or of permanent impairment of the governor of an island, occurring within the nine hundred days following the date of investiture of his mandate and declared by the supreme court referred to the matter by his cabinet, it proceeds to the election of a new governor within a time period of sixty days. the interim is carried out by the secretary general of the governorship. if the vacancy or definitive impediment occurs beyond nine hundred days, the secretary general of the governorship finishes the mandate. article 101 in the exercise of his duties, the governor issues decrees. he is assisted in the exercise of his functions by a cabinet composed of seven members including one director of the cabinet and a secretary general responsible for coordinating the whole of the insular public services. in consultation with the union and taking into account the needs and resources available, the island recruits through the public function the administrative personnel necessary for the organization and operations of insular services. article 102 the following matters fall within the exclusive competence of the islands: economic planning and social development of the island; the development of the island territory; the acquisition of assets for the needs of the island; the promotion of tourism, the environment and the historic patrimony of the island; traditional fishing; agriculture and animal husbandry, with the exclusion of policies and research; road maintenance; fairs and markets. article 103 in consultation with the union, the island acts in the matters cited below: the administration of the local collectivities; the management of pre-school, primary and secondary teaching establishments and personnel; basic local professional training; allocations of study grants; the construction, equipping, maintenance, and management of the establishments and personnel of basic health. article 104 within respect for the constitution and within the limits of their respective competences, the union and the autonomous islands, or the autonomous islands among themselves, may enter into agreements of a social, economic or financial character. within the limits of their respective competences and within respect for the constitution of the union of the comoros and for the international commitments of the union, the autonomous island may form and maintain cooperative relations with local collectivities or non-governmental foreign organs. the conventions mentioned in paragraph 2 of this article, may not be concluded without the prior agreement of the state. article 105 taking into account national solidarity and the balanced socio-economic development of the islands, the resources of these include the endowment [dotation] paid by the state and the product of the rights, taxes [impôts], and local taxes [taxes locaux] of which the amounts and rates [taux] are established by the law of finance. article 106 the budget of the island must be balanced and approved by the state. chapter ii. of the consultative council article 107 the consultative council is composed of representatives of the communal councils designated from within on the basis of one representative by communal council. the modalities of designation of the representative of the communal council are determined by the internal regulations of the relevant council. the consultative council adopts its internal regulations which in particular define the modalities of its operations. if the circumstances so require, the governor refers the matter to the consultative council to give its opinion on issues that interest the island. article 108 the functions of the members of the consultative council are gratuitous. nevertheless, they receive compensation for their presence, of which the amount is established by order of the governor of the island. title v. of the communes article 109 the commune, like any other territorial collectivity, is created by the law. article 110 within the conditions provided for by the law, the communes manage themselves freely through elected councils and make decisions concerning the entirety of their competences. they benefit from resources of which they may dispose freely within the conditions established by the law. article 111 the representative of the state has the responsibility for the national interests in the island and assures the control of the legality of acts of the commune and for the respect for the laws and regulations. article 112 the modalities of appointment to the communal organs, and the organization and operations of the communes are determined by the law. title vi. of the revision of the constitution article 113 the initiative of the revision of the constitution belongs concurrently to the president of the union and to at least one-third of the members of the assembly of the union. article 114 to be adopted, the bill or proposal of revision must be approved by three-quarters of the total number of the members of the assembly of the union or by referendum. article 115 no procedure of revision may be initiated or pursued when it infringes the unity of the territory and the inviolability of the internationally recognized frontiers. title vii. miscellaneous and transitory provisions article 116 the international treaties and agreements, the laws, ordinances and regulations currently in force when they are not contrary to this constitution remain applicable as long as they are not expressly modified or abrogated. article 117 this constitution, adopted by means of referendum, abrogates and replaces the provisions of the constitution of 23 december 2001, revised, which are contrary to it. it enters into force on the date of the proclamation of the official results. during and until the establishment of the new institutions provided for by this constitution, the president of the union and the governors of the islands continue their functions. the president appoints the members of the government. in the case of vacancy or permanent impairment of the president or of the governor in the course of the transitory period, the following is applied: concerning the president of the union, the provisions of paragraph 2 of article 58 of this constitution, and concerning the governor, paragraph 3 of article 100. article 118 if the president and the governors while in their functions declare themselves candidates, they must from the publication of the definitive list of candidates take leave of their functions. to this end, they must present before the supreme court a declaration attesting this leave within the seventy-two hours from the publication of the definitive list of candidates. during this leave, the replacement of the president of the union is carried out by a minister that he appoints. that of the governor of the island is assured by the secretary general of the government. article 119 the elections of the new president of the union and governors of the islands will take place on the same date, no later than within the twelve months following the date of constitution's entrance into force. article 120 the powers of the assembly of the union end on the date of expiration of the mandate of the deputies currently in their functions. article 121 with regard to the order in which the rotating presidency takes place, the first round falls to the island of ngazidja. article 122 the institutions of maoré will be established as soon as the occupation of that island ends. preamble we, the plenipotentiary representatives of the people of the republic of moldova, members of the parliament, starting from the age-old aspirations of our people to live in a sovereign country, expressed by the proclamation of independence of the republic of moldova, taking due account to the continuity of the moldavian people statehood within the historical and ethnic framework of its growing as a nation, striving to satisfy the interests of citizens of a different ethnic origin, which together with the moldavians, constitute the republic of moldova people, considering the rule of law, civic peace, democracy, human dignity, fundamental human rights and freedoms, the free development of human personality, justice and political pluralism as supreme values, being aware of our responsibility and obligations towards the previous, present and future generations, reasserting our devotion to overall human values and desire to live in peace and harmony with all world-wide peoples, in compliance with the unanimously acknowledged principles and norms of the international law, we herewith adopt the constitution of the republic of moldova, and declare it as the supreme law of our society and state. title i. general principles article 1. state of the republic of moldova the republic of moldova is a sovereign, independent, unitary and indivisible state. the form of government of the state is the republic. the republic of moldova is a democratic and governed by the rule of law state, in which human dignity, his/her rights and freedoms, the free development of human personality, justice and political pluralism represent supreme values and shall be guaranteed. article 2. sovereignty and state power national sovereignty resides with the people of the republic of moldova, who shall directly and through its representative bodies exercise it in the manners provided for by the constitution. neither an individual person or a group of people, nor a social group, a political party or any other public organization may exercise the state power on their own behalf. the usurpation of the state power shall constitute the gravest crime against the people. article 3. territory the territory of the republic of moldova is inalienable. the borders of the country shall be sanctioned by an organic law under the observance of unanimously recognized principles and norms of the international law. article 4. human rights and freedoms constitutional provisions on human rights and freedoms shall be interpreted and enforced in accordance with the universal declaration of human rights, other conventions and treaties to which the republic of moldova is a party. wherever disagreements appear between the conventions and treaties on fundamental human rights to which the republic of moldova is a party and its domestic laws, priority shall be given to international regulations. article 5. democracy and political pluralism democracy in the republic of moldova shall be exercised under the conditions of political pluralism, which is incompatible with the dictatorship or totalitarianism. no ideology may be instituted as official ideology of the state. article 6. separation and cooperation of powers in the republic of moldova the legislature, the executive and the judiciary shall be separate and cooperate in the exercise of the assigned prerogatives pursuant to the provisions of the constitution. article 7. constitution the supreme law the constitution of the republic of moldova shall be the supreme law of the state. no law or any other legal act, which contravenes the provisions of the constitution, shall have legal force. article 8. observance of the international law and international treaties the republic of moldova pledges to observe the charter of the united nations organization and the treaties to which it is a party, to institute relationships with other states on the basis of unanimously recognized principles and norms of the international law. the coming into force of an international treaty containing provisions contrary to the constitution shall be preceded by a revision of the latter. article 9. fundamental principles regarding property property shall be public and private. it shall be constituted of material and intellectual goods. no property may be used to the prejudice of human rights, liberties and dignity. the market, free economic initiative and fair competition shall represent the main elements of the economy. article 10. unity of the people and the right to national identity the state foundation is laid on the unity of the republic of moldova people. the republic of moldova is the common and indivisible motherland of all its citizens. the state shall recognize and guarantee the right of all citizens to the preservation, development and expression of their ethnic, cultural, linguistic and religious identity. article 11. republic of moldova a neutral state the republic of moldova proclaims its permanent neutrality. the republic of moldova shall not allow the dispersal of foreign military troops on its territory. article 12. symbols of the state the republic of moldova has a flag, coat of arms and anthem. the state flag of the republic of moldova shall be a tricolour. the colours are arranged vertically in the following order from the flagpole: blue, yellow, and red. the coat of arms is printed on the central yellow stripe of the tricolour. the state coat of arms shall consist of a shield divided horizontally into two parts: the upper part being of a red chromatics and the lower part blue chromatics with a superimposed auroch's head showing between its horns an eight-pointed star. on its right the auroch's head is flanked by a five-petalled rose, and on its left by a slightly rotated crescent. all heraldic elements present on the shield are of golden (yellow) colour. the shield is laid on the breast of a natural eagle holding in its beak a golden cross, in its right claw a green olive-tree branch and in its left claw a golden sceptre. the state anthem of the republic of moldova shall be established by organic law. the flag, coat of arms and anthem shall be considered the state symbols of the republic of moldova and shall be protected by law as such. article 13. state language, use of other languages the state language in the republic of moldova is the moldavian language, and its writing is based on the latin alphabet the state shall acknowledge and protect the right to the preservation, development and use of the russian language and other languages spoken within the territory of the state. the state shall facilitate the study of languages of widespread international usage. the manner of functioning of languages within the territory of the republic of moldova shall be established by organic law. article 14. capital the capital of the republic of moldova is the city of chisinau. title ii. fundamental rights, freedoms and duties chapter i. general provisions article 15. universality all citizens of the republic of moldova shall enjoy the rights and freedoms granted to them by the constitution and other laws and, are assigned the duties provided for thereby. article 16. equality the foremost duty of the state shall be the respect and protection of human person. all citizens of the republic of moldova shall be equal before the law and public authorities, regardless of the race, nationality, ethnic origin, language, religion, sex, opinion, political affiliation, property or social origin. article 17. citizenship of the republic of moldova the citizenship of the republic of moldova shall be acquired, maintained or withdrawn under the conditions provided for by the organic law. no one may be arbitrarily deprived of his/her citizenship or of the right to change the citizenship. article 18. protection of the republic of moldova citizens citizens of the republic of moldova shall benefit by the state protection both within the country and abroad. citizens of the republic of moldova may not be extradited or expelled from the country. article 19. legal status of foreign citizens and stateless persons foreign citizens and stateless persons shall enjoy the similar rights and duties as the citizens of the republic of moldova, except for the terms under the law. foreign citizens and stateless persons may be extradited only in compliance with an international covenant, in terms of reciprocity or on the ground of a decision delivered by a law court. the right to asylum shall be granted and withdrawn under the law and in compliance with the international treaties to which the republic of moldova is a party. article 20. free access to justice any individual person shall be entitled to obtain effective reparation from the part of competent courts of law against actions infringing upon his/her legitimate rights, freedoms and interests. no law may restrict the access to justice. article 21. presumption of innocence any individual person indicted for having committed an offence shall be presumed innocent, until found guilty on legal grounds during a public trial in which all guarantees necessary for his/her defence have been brought forward. article 22. non-retroactivity of the law no one shall be sentenced for actions or drawbacks, which did not constitute an offence at the time they were committed. no punishment more severe than that applicable at the time when the offence was committed shall be imposed. article 23. right of every person to be acknowledged on his/her rights and duties every one shall have the right to an acknowledged legal status. the state shall ensure the right of everyone to be aware of his/her rights and duties. for this purpose, the state shall publish and make accessible all the laws and other normative acts. chapter ii. fundamental rights and freedoms article 24. right to life, to physical and mental integrity the state shall guarantee to everyone the right to life, to physical and mental integrity. no one shall be subject to torture or other cruel, inhuman or degrading punishments or treatments. the capital punishment shall be abolished. no one shall be sentenced to such a penalty, nor executed. article 25. individual freedom and security of person individual freedom and security of person shall be inviolable. search, detainment in custody or arrest of a person shall be allowed only in cases and pursuant to the procedure foreseen by the law. the period of detention in custody may not exceed 72 hours. arrest shall be made under a warrant issued by a judge for a period of 30 days at the most. the arrested person may lodge a complaint with a hierarchically superior court of law on the legality of the warrant, under the terms of law. the term of detention may be extended, under the law, only by the judge or court of law to 12 months at the most. the detained in custody or arrested person shall be informed without delay on the reasons of his/her detention or arrest, and notified of the charges against him/her, as soon as possible; the notification of the charges shall be made only in the presence of a lawyer, either chosen by the defendant or appointed ex officio. the release of the detained or arrested person shall be mandatory, if the reasons of his/her detention or arrest have been eliminated. article 26. right to defence the right to defence shall be guaranteed. everyone shall be entitled to respond independently by appropriate legitimate means to an infringement of his/her rights and freedoms. throughout the trial the parties shall have the right to be assisted by a lawyer, either chosen or appointed ex officio. any interference with the activity of the persons carrying out the defence within legally established limits shall be punishable by law. article 27. right of free movement the right of free movement throughout the country shall be guaranteed. every citizen of the republic of moldova shall be guaranteed the right to settle his/her domicile or place of residence anywhere within the national territory, to travel abroad, to emigrate and to return to the country. article 28. intimate, family and private life the state shall respect and protect the intimate, family and private life. article 29. inviolability of domicile the domicile and place of residence shall be inviolable. no one may enter or remain within the premises of a person's domicile or place of residence without his/her consent. the law shall allow the derogation from the provisions of paragraph (1) under the following circumstances: for carrying into effect of an arrest warrant or a court sentence; for forestalling of an imminent danger threatening a person's life, physical integrity and belongings; for preventing the spreading of an epidemic disease. searches and investigations on the spot shall be ordered and carried out only under the terms of law. house searches at night shall be forbidden except for the cases of a flagrant misdemeanour. article 30. privacy of correspondence the state shall ensure the privacy of letters, telegrams and other postal despatches, as well as of telephone calls and other legal means of communication. the law shall allow the derogation from the provisions of paragraph (1) in cases the latter is required in the interests of national security, state economic welfare, public order and offence prevention. article 31. freedom of conscience the freedom of conscience shall be guaranteed and its manifestations should be in a spirit of tolerance and mutual respect. the freedom of religious cults shall be guaranteed and they shall organize themselves and operate according to their own statutes under the rule of law. in the relationships between the religious cults any manifestation of discord shall be forbidden. the religious worships shall be autonomous, independent from the state and shall enjoy the latter's support, including by facilitating the religious assistance in the army, hospitals, penitentiaries, nursing homes and orphanages. article 32. freedom of opinion and expression every citizen shall be guaranteed the freedom of thought and opinion, as well as the freedom of expression in public by way of word, image or any other means possible. the freedom of expression may not prejudice the honour, dignity or the right of the other person to hold his/her own viewpoint. the law shall forbid and prosecute all actions aimed at denying and slandering of the state and people, the instigation to sedition, war of aggression, national, racial or religious hatred, the incitement to discrimination, territorial separatism, public violence, or other manifestations encroaching upon the constitutional regime. article 33. freedom of creation the freedom of the artistic and scientific creation shall be guaranteed. the creation whatsoever shall not be subject to censorship. the right of citizens to intellectual property, their material and moral interests related to various types of intellectual creation shall be protected by law. the state shall contribute to the preservation, development and propagation of national and world achievements in culture and science. article 34. right of access to information the right of a person to have access to any kind of information of public interest shall not be curtailed. public authorities, pursuant to their assigned competence, shall be compelled to ensure that citizens are correctly informed both on public affairs and issues of personal interest. the right of access to information may not prejudice either the measures of citizens' protection or the national security. the state and private mass-media means shall be bound to provide the correct information to the public opinion. the public mass-media means shall not be subject to censorship. article 35. right to education the right to education shall be put into effect by the compulsory comprehensive school system, lyceum education (secondary school) and vocational training, as well as the higher education system, and other forms of instruction and knowledge improvement. the state shall ensure, under the law, the right of anyone to choose the language in which the teaching and training are to be performed. the study of the official language shall be ensured within all types of educational institutions. the state education system shall be free. the educational institutions, including those not financed by the state, shall be set up and operate under the rule of law. higher education institutions shall enjoy the right to autonomy. the state lyceum, vocational and higher education system shall be accessible to everyone on the basis of personal merits. the state shall ascertain, under the law, the freedom of religious education. the state education system shall be of a lay nature. the priority right to choose an appropriate field of instruction for the children lies with their parents. article 36. right to health protection the right to health protection shall be guaranteed. the minimum health insurance provided by the state shall be free. the structure of the national system of medical assistance and the necessary means aimed at protecting the individual physical and mental health shall be provided for by organic law. article 37. right to a healthy environment every human being shall have the right to live in an ecologically safe and healthy environment, to consume healthy food products and to use harmless household appliances. the state shall guarantee to anyone the right of free access and dissemination of the truthful information related to the environment state, living and working conditions, and the quality of food products and household appliances. concealment or forgery of the information regarding the factors detrimental to human health shall be prohibited by law. natural and legal entities shall be held liable for the damages caused to a person's health and property due to ecological trespasses. article 38. right to vote and right to stand for election the people's will shall constitute the basis of the state power. this will is expressed by free elections periodically conducted and based on universal, equal, direct, secret and freely expressed suffrage. except for the persons banned from voting by law, all citizens of the republic of moldova having attained the age of 18, including by the day of election, shall be entitled to vote. the right to stand for election shall be guaranteed, under the law, to all citizens of the republic of moldova enjoying the right to vote. article 39. right of administering citizens of the republic of moldova shall benefit by the right to take part in the administration of public affairs, either directly or through their representatives. the access to a public office shall be guaranteed by law to any citizen of the republic of moldova. article 40. freedom of assembly meetings, demonstrations, rallies, processions or any other assembly shall be free and may be organized and conducted only peacefully and without the use of any weapon whatsoever. article 41. freedom of parties and other socio-political organisations all citizens shall be free to associate in parties and other socio-political organizations. these organizations shall contribute to the definition and expression of the citizens' political will and take part in the election process under the rule of law. all parties and other socio-political organizations shall be equal before the law. the state shall ensure the protection of the legitimate rights and interests of parties and other socio-political organizations. parties and other socio-political organizations, which by their objectives or activities, are engaged in fighting against political pluralism, the principles of the state governed by the rule of law, sovereignty, independence and territorial integrity of the republic of moldova shall be declared unconstitutional. secret associations shall be forbidden. the activity of parties consisting of foreign nationals shall be forbidden. the organic law shall lay down those public offices whose holders may not join political parties. article 42. right to set up and join trade-unions any employee shall enjoy the right to set up and join trade-unions as to defend his/her interests. trade-unions shall be founded and conduct their activities pursuant to their statutes under the law. they shall contribute to the protection of the employees' professional, economic and social interests. article 43. right to work and labour protection every person shall benefit by the right to work, to freely choose his/her profession and workplace, and to equitable and satisfactory working conditions, as well as to the protection against unemployment. all employees shall have the right to social protection of labour. the protecting measures shall bear upon the labour safety and hygiene, working conditions for women and young people, the introduction of a minimum wage per economy, week-ends and annual paid leave, as well as difficult working conditions and other specific situations. the length of the working week shall not exceed 40 hours. the right to hold labour bargaining and the binding nature of collective agreements shall be guaranteed. article 44. prohibition of forced labour forced labour shall be prohibited. it shall not be regarded as forced labour: any service of military character or activities performed in lieu thereof by those who, under the law, are exempted from compulsory military service; the work of a sentenced person, carried out under normal conditions, during detention or conditional release; services such as required to deal with calamities or other dangers, as well as those which are part of normal civil obligations, as foreseen by law. article 45. right to strike the right to strike shall be acknowledged. strikes may be unleashed only with the view of protection the employees' professional interests of economic and social nature. the law shall set forth conditions governing the exercise of the right to strike, as well as the responsibility for illegal unleash of the strikes. article 46. right to private property and its protection the right to possess private property and the debts incurred by the state shall be guaranteed. no one may be expropriated unless for a matter of public utility, established, under the law, against a fair and previously determined compensation. no assets legally acquired may be seized. the legal nature of the assets' acquirement shall be presumed. goods intended for, used or resulted from misdemeanours or offences shall be seized only under the law. the right to hold private property shall coerce to the observance of duties as regarding the environment protection and maintenance of good neighbourhood, as well as other tasks incumbent upon the owner, under the law. the right to inherit private property shall be guaranteed. article 47. right to social assistance and protection the state shall be bound to take actions aimed at ensuring to every person and to his/her family a decent standard of living, health protection and welfare including food, clothing, shelter, medical care, and the necessary social services. all citizens shall have the right to be socially secured in case of: unemployment, disease, disability, widowhood, old age or other cases of loss of the subsistence means, due to certain circumstances beyond their control. article 48. family the family shall represent the natural and fundamental factor of the society, and shall enjoy the state and society protection. the family shall be founded on a freely consented marriage between a husband and wife, on their full equality in rights and the parents' right and obligation to ensure their children's upbringing, education and training. the law shall lay down the conditions under which a marriage shall be concluded, terminated or annulled. children shall pledge to take care of their parents and support them in need. article 49. protection of family and orphaned children the state shall facilitate, by economic and other such actions, the formation of a family, and the fulfilment of its assigned obligations. the state shall protect the motherhood, children and young people, by fostering the development of the required institutions. all the concerns aimed at maintaining, upbringing and educating the orphaned children and those deprived of parental care shall be devolved to the state and society. the state shall promote and support the charitable activities for the benefit of these children. article 50. protection of mothers, children and young people mothers and children shall benefit by special assistance and protection. all the children, including those born out of wedlock, shall enjoy the same social protection. children and young people shall enjoy a special form of assistance in the pursuit of their rights. the state shall grant the necessary allowances for children and benefits required for the care of sick or disabled children. other forms of social assistance for children and young people shall be provided for by law. the exploitation of minors and their involvement in activities, which might be injurious to their health, moral conduct, or endanger their life or proper development shall be forbidden. public authorities shall be bound to secure appropriate conditions enabling young people to freely take part in the social, economic, cultural and sporting life of the country. article 51. protection of disabled persons the disabled persons shall enjoy special protection from the whole of society. the state shall ensure normal conditions for medical treatment and rehabilitation, education, training and social integration of disabled persons. no one can be subdued to the forced medical treatment unless for the cases foreseen by law. article 52. right to lodge petitions all citizens shall be entitled to refer to public authorities by way of petitions formulated only on behalf of the signatories. legally established organizations shall have the right to lodge petitions exclusively on behalf of the bodies they represent. article 53. right of the person prejudiced by a public authority any person prejudiced in any of his/her rights by a public authority through an administrative act or failure to solve a complaint within the legal term, shall be entitled to obtain the acknowledgement of the claimed right, cancellation of the act and payment of damages. the state shall be under patrimonial liability, as foreseen by law, for any prejudice caused through errors committed in criminal suits by the investigation bodies and law courts. article 54. restriction on the exercise of certain rights or freedoms in the republic of moldova no law may be adopted which might curtail or restrict the fundamental rights and liberties of the person and citizen. the pursuit of the rights and freedoms may not be subdued to other restrictions unless for those provided for by the law, which are in compliance with the unanimously recognized norms of the international law and are requested in such cases as: the defence of national security, territorial integrity, economic welfare of the state, public order, with the view to prevent the mass revolt and felonies, protect other persons' rights, liberties and dignity, impede the disclosure of confidential information or guarantee the power and impartiality of justice. the provisions under paragraph (2) shall not allow the restrictions of the rights sanctioned in articles 20-24. the restriction enforced must be proportional to the situation that caused it and may not affect the existence of that right or liberty. chapter iii. fundamental duties article 55. exercise of rights and freedoms any person shall exercise his/her constitutional rights and freedoms in good faith, without any infringement of the rights and liberties of the others. article 56. devotedness towards the country devotedness towards the country shall be sacred. citizens holding public offices, as well as military persons shall be held responsible for loyal fulfilment of the obligations they are bound to, and in cases foreseen by law, they shall take the oath as requested. article 57. defence of the motherland the defence of the motherland shall represent a sacred right and duty of each citizen. the military service shall be performed within the armed forces intended to national and borders defence, as well as to the maintenance of public order under the law. article 58. financial contributions citizens shall be under the obligation to contribute, by duties and taxes, to public expenditures. the legal taxation system must ensure a fair distribution of the tax burdens. any other dues shall be prohibited, save for those determined by law. article 59. protection of the environment and monuments the protection of environment and the preservation of historical and cultural monuments shall represent a duty ascribed to each citizen. title iii. public authorities chapter iv. parliament section i. organisation and functioning article 60. parliament the supreme representative and legislative authority parliament shall be the supreme representative body of the people and the sole legislative authority of the state in the republic of moldova. parliament shall consist of 101 members. article 61. election of the parliament the members of parliament shall be elected by universal, equal, direct, secret and freely expressed suffrage. the manner of organization and unfolding of elections shall be established by organic law. the election of the parliament members shall be held not later than 3 months following the mandate expiration or the dissolution of the previous parliament. article 62. validation of mandate of the parliament member upon the proposal submitted by the central electoral commission, the constitutional court shall rule on the validation or invalidation of the mandate of parliament member, whenever electoral legislation has been transgressed. article 63. term of office the parliament shall be elected for a 4-year term of office, which may be extended by an organic law, in the event of war or national calamity. parliament shall be convened in session upon the summons of the president of the republic of moldova within 30 days at the most from the election date. the mandate of the parliament shall be prolonged until the legal assembly of the newly elected structure. during this period no amendment may be brought to the constitution, and no organic law may be adopted, amended or abrogated. the draft laws or legislative initiatives inserted in the agenda of the previous parliament shall be dealt upon by the new structure of the parliament. article 64. internal organisation the structure, organization and functioning of the parliament shall be laid down in its internal regulations. the financial resources of the parliament shall be foreseen in the budget endorsed by the latter. the speaker of the parliament shall be elected by secret ballot based on the majority vote of members elected for the tenure of the parliament mandate. the speaker may be revoked any time by secret vote by the parliament based on a majority vote of at least two-thirds of all its members. deputy speakers shall be elected upon the proposal of the speaker of the parliament following the consultations of the parliamentary fractions. article 65. open nature of the sessions the sessions of the parliament shall be held in public. the parliament may decide that certain sessions are to be held in camera. article 66. basic powers the parliament shall be vested the following basic powers: to pass laws, decisions and motions; to declare the conduct of referenda; to provide legislative interpretations and to ensure the unity of the legislative regulations throughout the country; to approve the main directions of the internal and external policy of the state; to approve the state military doctrine; to exercise parliamentary control over the executive power in the manners and within the limits provided for by the constitution; to ratify, terminate, suspend and repeal the action of the international treaties concluded by the republic of moldova; to approve the state budget and to exercise the control over it; to exercise the supervision over the allocation of the state loans, economic aid or any other such matters granted to foreign countries, the conclusion of agreements concerning the state loans and credits obtained from foreign sources; to elect and nominate state officials as foreseen by law; to approve the orders and medals of the republic of moldova; to declare partial or general mobilization of the armed forces; to declare the state of national emergency, martial law, and war; to initiate investigations and hearings concerning any matters touching upon the interests of society; to suspend the activity of the bodies of local public administration under the law; to pass acts on amnesty; to carry out other powers as provided for by the constitution and laws. article 67. parliament sessions parliament shall be called in two ordinary sessions per year. the first session shall start in february and may not go beyond the end of july. the second session shall start in september and may not go beyond the end of december. parliament may also meet in extraordinary or special sessions, upon the request of the president of the republic of moldova, the speaker of parliament or a third of its members. section ii. status of the parliament members article 68. representative mandate in the exercise of their mandate, the parliament members shall be in the service of the people. any imperative mandate shall be deemed null and void. article 69. mandate of the parliament members the members of parliament shall enter upon the exercise of their mandate under the condition of prior validation. the office of the parliament member shall cease at the date of legal assembly of the newly elected parliament, on his/her resignation, mandate withdrawal, incompatibility or demise. article 70. incompatibilities and immunities the office of the parliament member shall be incompatible with the holding of any other remunerated position, except for didactic and scientific activities. other possible incompatibilities shall be established by organic law. the parliament member may not be apprehended, arrested, searched or sued at law, except for the cases of flagrant misdemeanour, without the prior consent of the parliament and after hearing of the member in question. article 71. independence of opinion the parliament members may not be prosecuted or held legally responsible for their votes or opinions expressed in the exercise of their mandate. section iii. legislation article 72. categories of laws parliament shall be endowed to pass constitutional, organic and ordinary laws. constitutional laws are aimed at revising the constitution. the organic law shall govern: the electoral system; the organization and carrying out of referenda; the organization and functioning of parliament; the organization and functioning of government; the organization and functioning of the constitutional court, the superior council of magistrates, the judiciary and courts of administrative judicature; the organization of local administration and territory, as well as the general regime on local autonomy; the organization and functioning of political parties; the manner of establishing of the exclusive economic zone; the general legal system on private property and inheritance; the general system on labour relationships, trades-unions and social protection; the general organization of the education system; the general system on religious worships; the state of national emergency, martial law and war; the criminal offences, punishments and the manners of their execution, the granting of amnesty and pardon; other fields for which, pursuant to the constitution, it is stipulated the adoption of organic laws; other fields for which the parliament recommends the passing of organic laws. the ordinary laws shall intervene in any field of social relationships, except for the spheres regulated by constitutional and organic laws. article 73. legislative initiative the right to legislative initiate shall belong to the members of parliament, the president of the republic of moldova, the government and the people's assembly of the autonomous territorial-unit of gagauzia. article 74. passing of laws and decisions organic laws shall be passed with the majority vote of the elected members of parliament, after at least two hearings. ordinary laws and decisions shall be passed with the majority vote of the present parliament members. the draft laws submitted by the government, as well as the legislative initiatives brought forward by the parliament members accepted by the latter, shall be examined by the parliament in the manner and following the priorities fixed by the government, including within the emergency procedure. other legislative initiatives shall be considered in the established manner. the laws shall be submitted to the president of the republic of moldova for promulgation. article 75. referendum problems of utmost importance confronting the moldavian society and state shall be resolved by referendum. the decisions adopted according to the results of the republican referendum shall have supreme legal power. article 76. coming into force of the law laws shall be published in the "monitorul oficial" of the republic of moldova and shall come into force either at the date of their publication or the date specified in their wording. unless published, the law is deemed nonexistent. chapter v. the president of the republic of moldova article 77. president of the republic of moldova head of the state the president of the republic of moldova shall be the head of the state. the president of the republic of moldova shall represent the state and shall be the guarantor of the national sovereignty and independence, as well as of the territorial unity and integrity of the state. article 78. election of the president the president of the republic of moldova is elected by freely-expressed, universal, equal, direct, and secret suffrage. any citizen of the republic of moldova with the right to vote and over 40 years of age who has been living and has the permanent residence on the territory of the republic of moldova for no less than 10 years and speaks the official language may run for the office of president of the republic of moldova. the candidate obtaining at least half the votes cast in the presidential election shall be proclaimed as the new president. if after the first ballot no candidate will have obtained the above-mentioned majority of votes, a second ballot shall be held to choose from the first-placed two candidates, in the order of the number of votes cast for them in the first ballot. on condition that the number of the votes cast for him be bigger than the number of the votes cast against him, the candidate obtaining most of the votes cast in the second ballot shall be proclaimed as the new president. the procedure for the election of the president of the republic of moldova shall be provided for by organic law. article 79. mandate validation and taking the oath the constitutional court shall validate the result of election for the office of the president of the republic of moldova. within 45 days at the most following the election, the successful candidate whose election has been validated shall take the following oath before the parliament and the constitutional court: "i solemnly swear to devote all my personal strength and abilities to the prosperity of the republic of moldova, to abide by the constitution and the laws of the country, to defend democracy, fundamental human rights and freedoms, the sovereignty, independence, unity and territorial integrity of moldova" article 80. term of office the mandate of the president of the republic of moldova shall have a 4-year tenure and shall start on the oathtaking day. the acting president of the republic of moldova shall exercise his/her mandate until the newly elected president is sworn in. the mandate of the president of the republic of moldova may be prolonged in the event of war or calamity by organic law. no person may discharge the duties of the president of the republic of moldova unless for 2 consecutive mandates at the most. article 81. incompatibilities and immunities the office of the president of the republic of moldova shall be incompatible with the holding of any other remunerated position. the president of the republic of moldova shall enjoy immunity. he shall not be held legally liable for the opinions expressed in the exercise of his/her mandate. based on the majority of at least two-thirds of the vote's cast of its members, the parliament may decide to indict the president of the republic of moldova, in the event the latter commits an offence. the supreme court of justice shall be ascribed the power of prosecution under the law. the president shall be legally removed from office at the date of ultimate delivery of the court sentencing. article 82 [has been excluded] article 83 [has been excluded] article 84. messages the president of the republic of moldova may attend the parliament working sessions. the president of the republic of moldova shall address the parliament messages related to the main issues of national interest. article 85. dissolution of parliament in the event of the impossibility to form the government or of blocking up the procedure of adopting the laws within 3 months, the president of the republic of moldova, following the consultations of the parliamentary fractions, may dissolve the parliament. the parliament may be dissolved, if it has not passed the vote of confidence for setting up of the new government within the term of 45 days from the first presidential request and only after the decline of at least two requests of investiture. the parliament may be dissolved only once in the course of a year. the parliament may not be dissolved within the last 6 months of the term of office of the president of the republic of moldova nor during a state of emergency, martial law or war. article 86. powers in the field of external policy the president of the republic of moldova shall be empowered to hold official negotiations, to conclude international treaties on behalf of the republic of moldova and to submit them, in the established under the law manner and term, to the parliament for ratification. upon proposal of the government, the president of the republic of moldova shall accredit and recall the republic of moldova's diplomatic representatives, as well as it shall approve the setting up, cancellation or changing of the diplomatic missions' ranking. the president of the republic of moldova shall receive the letters of accreditation and of recall of foreign diplomatic envoys in the republic of moldova. article 87. powers in the field of national defence the president of the republic of moldova shall be the commander-in-chief of the armed forces. upon prior approval of the parliament, the president of the republic of moldova shall declare partial or general mobilization of the armed forces. in the event of the armed aggression against the country, the president of the republic of moldova shall undertake the necessary steps to repulse the aggression, as well as he shall declare a state of war and acknowledge the parliament without delay about this state of affairs. whether the parliament is not in session, it shall be legally convened within 24 hours from the aggression unleash. the president of the republic of moldova may take other due measures as to ensure the national security and public order under the scope and terms of the law. article 88. other powers the president of the republic of moldova shall also fulfil the following duties: to award medals and titles of honour, to award supreme military ranks as provided for by the law; to settle the issues on the citizenship of the republic of moldova and to grant political asylum; to appoint public officers under the law; to grant individual pardon; to request the citizens of the republic of moldova to express their will by way of referendum on matters of national interest; to award diplomatic ranks; to confer superior degrees of qualification to officers holding positions with the prosecuting bodies, courts of law and to other categories of civil servants, under the law; to repeal the acts of the government which run contrary to the legislation until the delivery of the final judgment of the constitutional court; to exercise other powers as foreseen by the law. article 89. suspension from office in the event the president of the republic of moldova commits certain deeds infringing upon the constitutional provisions, he/she shall be dismissed from office by the parliament based on a majority vote of two-thirds of its members. the motion soliciting the dismissal from office shall be launched by at least one-third of the members and shall be brought to the knowledge of the president without delay. the president may give explanations on the charged deeds before the parliament and the constitutional court. if the motion requesting suspension from office meets with approval, a national referendum shall be organized within 30 days to remove the president from office. article 90. vacancy of the office the vacancy of office of the president of the republic of moldova shall be declared as consequence of expiry of the mandate, resignation, removal from office, definite impossibility of executing his/her functional duties or death. the request for resignation of the president of the republic of moldova is brought before the parliament, which shall express its opinion over it. the impossibility of the president of the republic of moldova to exercise his/her duties for more than 60 days shall be confirmed by the constitutional court within 30 days from the date of the submission of application. within 2 months following the date of vacancy of office of the president of the republic of moldova, new presidential elections shall be conducted, according to the law. article 91. interim office in the event the office of the president of the republic of moldova becomes vacant or the president has been dismissed, or finds himself/herself in temporary impossibility to discharge his/her duties, the interim office shall be devolved on the parliament speaker or the prime minister in the order of priority. article 92. responsibility of the interim president should the person acting as interim president of the republic of moldova commit grave offences infringing upon the constitutional provisions, article 89 paragraph (1) and article 91 shall be applied. article 93. promulgation of laws the president of the republic of moldova shall promulgate the laws. the president of the republic of moldova shall be entitled, whenever he has certain objections regarding a law, to submit it within two weeks at the most to the parliament for reconsideration. in the event the parliament abides by its previously passed decision, the president shall promulgate the law. article 94. presidential acts in the exercise of his/her powers, the president of the republic of moldova shall issue decrees whose enforcement is mandatory throughout the entire territory of the state. the decrees shall be published in the "monitorul oficial" of the republic of moldova. the decrees issued by the president in the exercise of his/her powers laid down in article 86 paragraph (2) and article 87 paragraph (2), (3) and (4) shall be countersigned by the prime-minister. article 95. financial resources of the president apparatus, indemnity and other rights financial resources of the president apparatus shall be submitted to parliament for approval and shall be included in the state budget. the indemnity and other rights ascribed to the president shall be established under the law. chapter vi. government article 96. role the government shall ensure the carrying out of the state internal and external policy and shall exercise the general leadership of the public administration. in the exercise of its prerogatives, the government shall be guided by its programme of activity endorsed by the parliament. article 97. structure the government shall consist of a prime minister, a first deputy minister, deputy ministers, ministers and other members established by organic law. article 98. investiture the president of the republic of moldova shall designate a candidate for the office of prime minister after hearing of the parliamentary fractions. the candidate for the office of prime minister shall request, within 15 days following the designation, the vote of confidence of the parliament over the programme of activity and the entire list of the government members. the parliament shall debate in session upon both the programme of activity and the list of government members and shall grant confidence to the government with the vote of majority of the elected parliament members. on the basis of the vote of confidence granted by the parliament, the president of the republic of moldova shall appoint the government. the government shall enter into the exercise of its powers on the very day of taking the oath by its members before the president republic of moldova. in the event of the governmental reshuffle or the vacancy of office, the president of the republic of moldova shall revoke and appoint, upon the proposal of the prime minister, some government members. article 99. incompatibilities the office of the government member shall be incompatible with the holding of any other remunerated position. other incompatibilities shall be specified by organic law. article 100. termination of office of the government member the office of the government member shall cease in case of resignation, revocation, incompatibility or demise. article 101. prime minister the prime minister shall exercise the leadership of the government and shall coordinate the activity of its members, abiding by the powers delegated to them. in case of impossibility of the prime minister to discharge his/her functional duties or in case of his/her demise, the president of the republic of moldova shall designate another government member to fulfil the interim office of prime minister until the formation of the new government. the interim office, during the period of impossibility to perform the functional duties, shall cease whether the prime minister resumes his/her activity within the government. in the event of the prime minister resignation, the whole cabinet shall leave the office. article 102. acts of the government the government shall adopt decisions, ordinances and regulations. the decisions shall be adopted for laws enforcement. the ordinances shall be issued under the terms of article 106. the decisions and ordinances adopted by the government shall be signed by the prime minister, countersigned by the ministers bearing the responsibility to put them into effect and shall be published in "monitorul oficial" of the republic of moldova. non-publication entails the null and void character of the decision and ordinance. the regulations shall be issued by the prime minister for the organisation of the internal activity of the government. article 103. termination of mandate the government shall exercise its mandate up to the date of validation of the new parliamentary elections. the government, in case of expression by the parliament of the vote of no confidence, the prime minister resignation or pursuant to the terms under paragraph (1), shall perform only the functions of administration of public affairs, until the taking the oath of a new government. chapter vii. relationships between the parliament and government article 104. informing of the parliament the government shall be responsible before the parliament, its committees and individual members in providing them the solicited information and documents. the government members shall have access to the parliament sessions. their attendance shall be mandatory if so requested. article 105. questions and interpellations the government as a whole and each of its members shall be bound to reply to the questions or interpellations raised by the parliament members. parliament may pass a motion to formulate its standpoint as regarding the issue of interpellation. article 106. vote of no confidence the parliament, upon proposal of at least a quarter of its members, may carry on a motion of no confidence to the government, based on the majority vote of the parliament members. the initiative to express a vote of no confidence shall be examined within 3 days from the date of its submission to parliament. article 106a. assumption of responsibility by the government the government may assume responsibility before the parliament upon a programme of activity, a general policy statement, or a draft law. the government shall be dismissed if a motion of censure, tabled within 3 days following the date of submission of the programme, general policy statement, or the draft law, has been passed in terms under article 106. in the event, the government has not been dismissed pursuant to paragraph (2), the lodged draft law shall be considered adopted, and the programme or the general policy statement shall become mandatory upon the government. article 106b. legislative delegation with the view of bringing into operation of the government programme of activity, the parliament may pass, upon the latter's proposal, a special law enabling the government to issue ordinances in the fields which do not fall within the scope of organic laws. the enabling law shall compulsorily establish the field and the date up to which ordinances can be issued. ordinances shall enter into force at the date of their publication, without being promulgated. if the enabling law so request, ordinances shall be submitted to parliament for approval. the draft law on the ordinances approval shall be presented within the term established by the enabling law. non-compliance with the term entails the discontinuation of the ordinance's effects. if the parliament does not decline the draft law on the approval of ordinances, the latter shall remain in force. following the expiration term established for the ordinances' issue, the latter may be abrogated, disclaimed or amended only by law. chapter viii. public administration article 107. specialized central public administration ministries shall constitute specialized central bodies of the state. they shall bring into practice the government policy, its decisions and orders, under the law, as well as shall supervise over the entrusted fields and shall be held responsible for the performed activities. other administrative authorities shall be set up, under the law, in order to manage, coordinate and exercise the control over the national economy and other fields, which do not directly fall within the competence of the ministries. article 108. armed forces the armed forces shall be exclusively subordinated to the will of people as to safeguard the sovereignty, independence, unity and territorial integrity of the country and constitutional democracy. the structure of the national system of defence shall be laid down by organic law. article 109. basic principles of local public administration public administration within the administrative-territorial units shall be based on the principles of local autonomy, decentralization of public services, eligibility of the local public administration authorities and consultation of citizens on local problems of special interest. the concept of autonomy shall encompass both the organization and functioning of the local public administration, as well as the management of the communities represented by that administration. the enforcement of the aforesaid principles may not alter the unitary character of the state. article 110. administrative-territorial organization the territory of the republic of moldova shall be divided, as regarding the administrative organisations, into villages, towns, districts and the autonomous territorial-unit of gagauzia. certain towns may be declared municipalities under the law. places on the left bank of the dniester river may be assigned special forms and conditions of autonomy according to the special statutory provisions adopted by organic law. the status of the capital of the republic of moldova the city of chisinau shall be regulated by organic law. article 111. autonomous territorial unit of gagauzia gagauzia is an autonomous territorial-unit having a special statute and representing a form of self-determination of the gagauzian people, shall constitute an integrant and inalienable part of the republic of moldova and shall independently solve, within the limits of its competence, pursuant to the provisions of the republic of moldova constitution, in the interest of the whole of society, the political, economic and cultural issues. on the territory of the autonomous territorial-unit of gagauzia all the rights and liberties foreseen by the constitution and the legislation of the republic of moldova shall be guaranteed. within the autonomous territorial-unit of gagauzia shall operate representative and executive bodies according to the law. the soil, subsoil, waters, flora and fauna, as well as other natural resources on the territory of the autonomous territorial-unit of gagauzia shall belong to the people of the republic of moldova and shall simultaneously constitute the economic basis of gagauzia. the budget of the autonomous territorial-unit of gagauzia shall be formed in conformity with the terms established by the law, which governs the special statute of gagauzia. the control over the observance of the republic of moldova legislation within the autonomous territorial-unit of gagauzia shall be performed by the government under the terms of the law. organic laws that govern the special statute of the autonomous territorial-unit of gagauzia may be amended based on the vote of three fifths of the elected parliament members. article 112. village and town authorities the public administration authorities, by which local autonomy is exercised in villages and towns, shall be represented by local elected councils and mayors. the local councils and mayors shall operate, under the law, as autonomous administrative authorities and shall be assigned the task of solving public affairs in villages and towns. the manner of electing the local councils and mayors, as well as their powers and ambit of competence shall be established by law. article 113. district council the district council shall coordinate the activity of village and town councils with the view of bringing into effect of public services at district level. the district council shall be elected and operate under the law. the relationships between the local public authorities shall be based on the principles of autonomy, legality and cooperation in solving common issues. chapter ix. judiciary section i. courts of law article 114. carrying out of justice justice shall be carried out in the name of law only by the courts of law. article 115. courts of law justice shall be carried out by the supreme court of justice, courts of appeal and courts of law. for certain categories of cases special law courts may operate under the law. the foundation of extraordinary courts shall be forbidden. the structure of the law courts, their ambit of competence and legal proceedings shall be laid down by organic law. article 116. status of judges judges sitting in the courts of law shall be independent, impartial and irremovable under the law. judges sitting in the courts of law shall be appointed, under the law, by the president of the republic of moldova upon proposal submitted by the superior council of magistrates. judges who successfully passed the contest shall be firstly appointed for a 5-year term of office. after the expiration of the 5-year term of office, the judges shall be appointed to this position until reaching the age limit fixed under the law. the presidents, vice-presidents and judges of the supreme court of justice shall be appointed by parliament following a proposal submitted by the superior council of magistrates. they must have a working tenure as judge of at least 10 years. the presidents, deputy presidents and judges of the supreme court of justice are appointed by parliament following a proposal submitted by the superior council of magistrates. they must have a working tenure as judge of at least 10 years. judges shall be promoted and transferred only at their own consent. sanctioning of the judges shall be carried out pursuant to the law. the office of judge shall be incompatible with the exercise of any other public or private remunerated position, except for the didactic and scientific activity. article 117. public character of legal proceedings legal hearings in all courts of law shall be held in public. there shall be allowed the conduct of lawsuits in camera only in certain cases as provided for by law and in compliance with the rules of procedure. article 118. language used in legal proceedings and the right to have an interpreter legal proceedings shall be held in the moldavian language. the persons who cannot understand and speak moldavian shall be entitled to take cognisance of all documents and items of the case-file and to speak during the trial through an interpreter. legal proceedings may also be conducted, under the law, in a language acceptable by the majority of persons attending the trial. article 119. ways of appeal the parties involved in a trial and the competent state bodies may lodge appeals against the sentences delivered by the law courts under the terms of law. article 120. mandatory character of sentences and other final rulings the observance of sentences and other final rulings handed down by the law courts, as well as the cooperation requested by the latter during the trial, and the execution of sentences and other final rulings shall be binding. article 121. budget of the courts of law, indemnity and other rights the budget of the courts of law shall be approved by the parliament and included in the state budget. the indemnities and other rights of the judges shall be established by law. the courts of law shall have at their disposal the police forces. section ii. superior council of magistrates article 122. composition the superior council of magistrates shall consist of judges and university lecturers elected for tenure of 4 years. the president of the supreme court of justice, the minister of justice and the prosecutor general shall de jure belong to the superior council of magistrates. article 123. powers the superior council of magistrates shall ensure the appointment, transfer, removal from office, upgrading and imposing of the disciplinary sentences against judges. the manner of organisation and functioning of the superior council of magistrates shall be laid down by organic law. section iii. public prosecution article 124. powers and structure the prosecution system shall represent the general interests of the society, defend the rule of law and the citizens' rights and liberties, it shall also supervise and exercise, under the law, the criminal prosecution and bring the accusation in the courts of law. the public prosecution system shall include the general prosecutor's office, the territorial and specialised prosecution offices. the structure, ambit of competence and the manner of operation of the prosecution offices shall be provided for by law. article 125. mandate of public prosecutors the prosecutor general shall be appointed by the parliament following the proposal submitted by its speaker. the subordinated public prosecutors shall be designated by the prosecutor general. the prosecutors' term of office shall be of 5 years. the office of public prosecutor shall be incompatible with any other public or private remunerated position, except for didactic and scientific activity. in the exercise of their mandate, the prosecutors shall abide only by the law. title iv. national economy and public finance article 126. economy the economy of the republic of moldova shall be socially-orientated market economy based on the coexistence of freely competing private and public properties. the state must ensure: the regulation of the economic activity and management of its public property under the law; the freedom of commerce and entrepreneurial activity, the protection of loyal competition, the creation of a framework favourable to the development of all factors of production; the protection of national interests within the economic, financial and currency activities; the fostering of scientific research; the rational exploitation of the soil and other natural resources in harmony with the national interests; the restoration and protection of the environment, as well as the maintenance of ecological balance; the increase in number of the people employed, the setting up of adequate conditions as to improve the living standards; the inviolability of investments made by natural and legal entities, including those from abroad. article 127. property the state shall protect the property. the state shall guarantee to everyone the right to possess property in any such form as requested by the incumbent, as long as these forms do not conflict with the interests of society. public property shall belong to the state or to the territorial-administrative units. all the underground resources, airspace, waters and forests used to the benefit of the public at large, natural resources of the economic regions and continental shelf, lines of communication, as well as other domains stipulated by law, shall constitute the exclusive province of the public property. article 128. property of foreign citizens and stateless persons in the republic of moldova the property of the foreign states, international organizations, foreign citizens and stateless persons shall be protected by law. the manner and terms of exercising the right to possess property by foreign natural and legal persons, as well as by stateless persons on the territory of the republic of moldova shall be regulated under the law. article 129. external economic activity the parliament shall endorse the main directions of the external economic activity, the principles for the utilization of foreign loans and credits. the government shall secure the protection of national interests involved in external economic activity and promote either a free-trade policy or a protectionist one, taking into account the national interests. article 130. financial and crediting system the formation, administration, utilization and control of financial resources of the state, the territorial-administrative units and public institutions shall be regulated under the terms of law. the national currency of the republic of moldova shall be the moldavian leu (pl. lei). the national bank of the republic of moldova shall be empowered with the exclusive right of mintage carried out pursuant to the parliament decision. article 131. national public budget the national public budget shall enshrine the state budget, the state social insurance budget, as well as the districts, towns and villages budgets. the government shall work out an annual draft of the state budget, and the state social insurance budget, which shall be separately tabled to the parliament for approval. in the event of formation of the fund outside the budget, it shall be also submitted to the parliament for approval. if the state budget and the state social insurance budget have not been legally approved with at least 3 days before the expiration of the current budget exercise, there shall be further on applied the state and the state social insurance budgets of the previous year, until the adoption of the new budgets. any legislative initiative or amendment, which entails the increase or diminishing of the budgetary revenues or loans, as well as the increase or curtail of the budgetary expenditures shall be adopted following the government approval. the district, town and village budgets shall be drafted, approved and carried out in accordance with the law. no budget expenditure may be approved without prior specification of the funding source. article 132. fiscal system all taxes, duties and other revenues of the state budget and of the state social insurance budget, as well as of the district, town and village budgets shall be established, under the law, by the competent representative bodies. any other types of taxation shall be forbidden. article 133. court of audit the court of audit shall supervise over the manner of formation, administration and utilization of the public financial resources. the court of audit shall consist of 7 members. the president of the court of audit shall be appointed for a 5-year term of office by the parliament on a proposal submitted by its speaker. the members of the court shall be also appointed by the parliament upon the proposal of its speaker. the court of audit shall annually submit to the parliament a report on the administration and utilization of the public financial resources. other powers ascribed to the court of audit, as well as its manner of organisation and operation shall be established by organic law. title v. constitutional court article 134. statute constitutional court shall be the sole body of constitutional jurisdiction in the republic of moldova. constitutional court shall be independent of any other public authority and shall obey only the constitution. constitutional court shall guarantee the supremacy of the constitution, shall ascertain the enforcement of the principle of separation of the state power into the legislature, executive and judiciary, and it shall guarantee the responsibility of the state towards the citizen and of the citizen towards the state. article 135. powers the constitutional court shall: exercise, upon appeal, the constitutionality review over laws and decisions of the parliament, presidential decrees, decisions and ordinances of the government, as well as the international treaties to which the republic of moldova is a party; give the interpretation of the constitution; formulate its position on initiatives aimed at revising the constitution; confirm the results of republican referenda; confirm the results of parliamentary and presidential elections in the republic of moldova; ascertain the circumstances justifying the dissolution of the parliament, the suspension from office of the president of the republic of moldova or the interim office of the president, as well as the impossibility of the president of the republic of moldova to fully exercise his/her functional duties for more than 60 days; solve the pleas of unconstitutionality of legal acts, as claimed by the supreme court of justice; decide over matters dealing with the constitutionality of a party. the constitutional court shall carry out its activity on the initiative brought forward by the subjects provided for by the law on the constitutional court. article 136. structure the constitutional court shall consist of 6 judges appointed for a 6-year term of office. two judges shall be appointed by the parliament, two by the government and the remaining two by the superior council of magistrates the judges of the constitutional court shall elect its president by secret ballot. article 137. independence for the tenure of their mandate the judges of the constitutional court shall be irremovable, independent and shall obey only the constitution. article 138. appointment conditions the judges of the constitutional court must possess outstanding judicial knowledge, high professional competence and a length of service of at least 15 years in legal field, didactic or scientific activity in law. article 139. incompatibilities the office of the constitutional court judge shall be incompatible with holding of any other remunerated public or private position, except for education and research activity. article 140. judgments of the constitutional court laws and other normative acts or parts thereof become null and void from the moment that the constitutional court passes the appropriate judgment to that effect. the judgments of the constitutional court are final and cannot be appealed against. title vi. revision of the constitution article 141. initiative for revising the constitution a revision of the constitution may be initiated by: a number of at least 200,000 voting citizens of the republic of moldova. citizens initiating the revision of the constitution must cover at least a half of the territorial-administrative units of the second level, and in each of these units must be registered at least 20000 signatures in support of the said initiative; a number of at least a third of the parliament members; the government. constitutional law drafts shall be submitted to parliament only alongside with the constitutional court advisory opinion adopted by a vote of at least 4 judges. article 142. limits of revision the provisions regarding the sovereignty, independence and unity of the state, as well as those regarding the permanent neutrality of the state may be revised only by referendum based on a majority vote of the registered voting citizens. no revision shall be performed, if it implies the infringement of fundamental rights and freedoms of citizens, or their guarantees. the constitution may not be revised under a state of national emergency, martial law or war. article 143. law on the constitutional amendment parliament shall be entitled to pass a law on the amendment of constitution following at least 6 months from the date of the corresponding initiative launch. the law shall be adopted by a vote of two-thirds of the parliament members. if, within a year from the date when the initiative on the amendment of constitution was launched, the parliament has not passed the appropriate constitutional law, the proposal shall be deemed null and void. title vii. final and transitory provisions article i the present constitution shall be adopted by the parliament and shall be promulgated by the president of the republic of moldova within 3 days. the constitution of the republic of moldova shall come into force on 27 august 1994. on the same date, the constitution of the republic of moldova of 15 april 1978, with its subsequent amendments and supplements, shall be abrogated on the whole. article ii laws and other normative acts shall be deemed valid to the extent they do not conflict the present constitution. within one year from the date of coming into effect of the present constitution, the permanent parliament and government committees shall examine the compliance of legislation with the constitution, and shall submit to the parliament the adequate proposals in that respect. article iii the state institutions acting at the date of coming into effect of the present constitution shall remain in operation until the setting up of the new institutions. the parliament, composed of 104 members elected by a freely expressed, universal, equal, direct and secret suffrage under the conditions of political and party pluralism, in accordance with the law of 14 october 1993 on the parliament election, shall remain in operation until the mandate expiration, except for the cases provided for by the present constitution. the president of the republic of moldova, elected for a 5-year term of office, by a freely expressed, universal, equal, direct and secret suffrage under the conditions of political and party pluralism, pursuant to the law of 18 september 1991 on the elections of the president of the republic of moldova, shall remain in office until the mandate expiration, except for the cases provided for by the present constitution. the government vested in the function by the parliament shall fulfil its powers until the mandate expiration, except for the cases provided for by the present constitution. local authorities of the state power and state administration shall fulfil their prerogatives until the expiration of their mandate, except for the cases provided for by the present constitution. judges who at the date of coming into force of the present constitution have a length of service of at least 5 years within the law courts shall fall within the ambit of the principle of immovability, pursuant to article 116 paragraph (1), by a decree of the president of the republic of moldova, upon the proposal of the minister of justice and the president of the supreme court. within 2 years from the date of coming into effect of the present constitution, the system of law courts shall be reorganized under the law in accordance with article 115. article iv the provisions enshrined in article 25 paragraph (4) related to the term of detention in custody, should not affect, until 1 january 1995, the persons who have committed serious offences as foreseen by article 71 under the criminal code. article v within 6 months following the date of coming into operation of the present constitution shall be set up the constitutional court and the court of audit. judges of the first composition of the constitutional court shall be appointed to office, on behalf of the superior council of magistrates, by the general assembly of the people's judges and the supreme court members. article vi until the establishment of the constitutional court, all the cases stipulated by article 135 of the present constitution may be solved by the supreme court, upon the initiative brought forward by the parliament. article vii the law of 1 september 1989 on the use of the languages spoken throughout the territory of the republic of moldova shall remain in force to the extent that it does not contravene the present constitution. the aforesaid law may be amended by a vote of at least two-thirds of the parliament members within 7 years following the date of coming into effect of the present constitution. article viii title vii final and transitory provisions shall be considered a constitutive part of the present constitution and shall regulate issues dealing with its coming into force. preamble we, the people of zambia: acknowledge the supremacy of god almighty; declare the republic a christian nation while upholding a person’s right to freedom of conscience, belief or religion; uphold the human rights and fundamental freedoms of every person; commit ourselves to upholding the principles of democracy and good governance; resolve to ensure that our values relating to family, morality, patriotism and justice are maintained and all functions of the state are performed in our common interest; confirm the equal worth of women and men and their right to freely participate in, determine and build a sustainable political, legal, economic and social order; recognise and uphold the multi-ethnic, multi-racial, multi-religious and multi-cultural character of our nation and our right to manage our affairs and resources sustainably in a devolved system of governance; resolve that zambia shall remain a unitary, multi-party and democratic sovereign state; recognise and honour the freedom fighters who fought for the independence of our nation in order to achieve liberty, justice and unity for the people of zambia; and direct that all state organs and state institutions abide by and respect our sovereign will; do hereby solemnly adopt and give to ourselves this constitution: part i. supremacy of constitution article 1. supremacy of constitution this constitution is the supreme law of the republic of zambia and any other written law, customary law and customary practice that is inconsistent with its provisions is void to the extent of the inconsistency. an act or omission that contravenes this constitution is illegal. this constitution shall bind all persons in zambia, state organs and state institutions. the validity or legality of this constitution is not subject to challenge by or before a state organ or other forum. a matter relating to this constitution shall be heard by the constitutional court. article 2. defence of constitution every person has the right and duty to— defend this constitution; and resist or prevent a person from overthrowing, suspending or illegally abrogating this constitution. article 3. continuous effect of constitution the operation of this constitution shall not be affected by an unlawful act to overthrow, suspend or illegally abrogate its provisions. article 4. republic of zambia zambia is a sovereign republic under a constitutional form of governance. the republic consists of the territory defined in an act of parliament. the republic is a unitary, indivisible, multi-ethnic, multi-racial, multi-religious, multi-cultural and multi-party democratic state. the republic shall not be ceded in whole or in part. the republic may enter into a union or other form of inter-state organisation, which action shall not be construed as ceding the republic. article 5. sovereign authority sovereign authority vests in the people of zambia, which may be exercised directly or through elected or appointed representatives or institutions. power that is not conferred by or under this constitution on any state organ, state institution, state officer, constitutional office holder or other institution or person is reserved for the people. the people of zambia shall exercise their reserved power through a referendum, as prescribed. article 6. national symbols the national symbols of the republic are the— national flag; national anthem; coat of arms; public seal; and national motto. the form, words, description and use of the national symbols shall be as prescribed. article 7. laws of zambia the laws of zambia consist of— this constitution; laws enacted by parliament; statutory instruments; zambian customary law which is consistent with this constitution; and the laws and statutes which apply or extend to zambia, as prescribed. part ii. national values, principles and economic policies article 8. national values and principles the national values and principles are— morality and ethics; patriotism and national unity; democracy and constitutionalism; human dignity, equity, social justice, equality and non-discrimination; good governance and integrity; and sustainable development. article 9. application of national values and principles the national values and principles shall apply to the — interpretation of this constitution; enactment and interpretation of the law; and development and implementation of state policy. the president shall, once in every year, report to the national assembly the progress made in the application of the values and principles specified under this part. article 10. basis of economic policies the government shall create an economic environment which encourages individual initiative and self-reliance among the people, so as to promote investment, employment and wealth. the government shall promote the economic empowerment of citizens so that they contribute to sustainable economic growth and social development. the government shall promote local and foreign investment and protect and guarantee such investment through agreements with investors and other countries. the government shall not compulsorily acquire an investment, except under customary international law and subject to article 16 (1). where the investment compulsorily acquired under clause (4) was made from the proceeds of crime no compensation shall be paid by the government. part iii. protection of fundamental rights and freedoms of the individual article 11. fundamental rights and freedoms it is recognised and declared that every person in zambia has been and shall continue to be entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed, sex or marital status, but subject to the limitations contained in this part, to each and all of the following, namely: life, liberty, security of the person and the protection of the law; freedom of conscience, expression, assembly, movement and association; protection of young persons from exploitation; protection for the privacy of his home and other property and from deprivation of property without compensation; and the provisions of this part shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. article 12. protection of right to life no person shall be deprived of his life intentionally except in execution of the sentence of a court in respect of a criminal offence under the law in force in zambia of which he has been convicted. no person shall deprive an unborn child of life by termination of pregnancy except in accordance with the conditions laid down by an act of parliament for that purpose. without prejudice to any liability for a contravention of any other law with respect to the use of force in such cases; as are hereinafter mentioned, a person shall not be regarded as having been deprived of his life in contravention of this article if he dies as a result of the use of force to such extent as is reasonably justifiable in the circumstances of the case— for the defence of any person from violence or for the defence of property; in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; for the purpose of suppressing a riot, insurrection, mutiny or if he dies as a result of a lawful act of war; in order to prevent the commission by that person of a criminal offence. article 13. protection of right to personal liberty no person shall be deprived of his personal liberty except as may be authorised by law in any of the following cases: in execution of a sentence or order of a court, whether established for zambia or some other country, in respect of a criminal offence or which he has been convicted; in execution of an order of a court of record punishing him for contempt of that court or of a court inferior to it; in execution of an order of a court made to secure the fulfilment of any obligation imposed on him by law; for the purpose of bringing him before a court in execution of an order of a court; upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law in force in zambia; under an order of a court or with the consent of his parent or guardian, for his education or welfare during any period ending not later than the date when he attains the age of eighteen years; for the purpose of preventing the spread of an infectious or contagious disease; in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of this care or treatment or the protection of the community; for the purpose of preventing the unlawful entry of that person into zambia, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from zambia or for the purpose of restricting that person while he is being conveyed through zambia in the course of his extradition or removal as a convicted prisoner from one country to another; or to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within zambia or prohibiting him from being within such area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person relating to the making of any such order, or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of zambia in which, in consequence of any such order, his presence would otherwise be unlawful. any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he understands, of the reasons for his arrest or detention. any person who is arrested or detained— for the purpose of bringing him before a court in execution of an order of a court; or upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law in force in zambia; and who is not released, shall be brought without undue delay before a court; and if any person arrested or detained under paragraph (b) is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial. any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person. article 14. protection from slavery and forced labour no person shall be held in slavery or servitude. no person shall be required to perform forced labour. for the purpose of this article, the expression “forced labour” does not include— any labour required in consequence of a sentence or order of a court; labour required of any person while he is lawfully detained that, though not required in consequence of a sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained; any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service; any labour required during any period when the republic is at war or a declaration under article 30 or 31 is in force or in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period, or as a result of that other emergency or calamity, for the purpose of dealing with that situation; or any labour reasonably required as part of reasonable and normal communal or other civic obligation. article 15. protection from inhuman treatment no person shall be subjected to torture, or to inhuman or degrading punishment or other like treatment. article 16. protection from deprivation of property except as provided in this article, no property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, unless by or under the authority of an act of parliament which provides for payment of adequate compensation for the property or interest or right to be taken possession of or acquired. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of clause (1) to the extent that it is shown that such law provides for the taking possession or acquisition of any property or interest therein or right thereover— in satisfaction of any tax, rate or due; by way of penalty for breach of any law, whether under civil process or after conviction of an offence; in execution of judgements or orders of courts; upon the attempted removal of the property in question out of or into zambia in contravention of any law; as an incident of a contract including a lease, tenancy, mortgage, charge, pledge or bill of sale or of a title deed to land; for the purpose of its administration, care or custody on behalf of and for the benefit of the person entitled to the beneficial interest therein; by way of the vesting of enemy property or for the purpose of the administration of such property; for the purpose of— the administration of the property of a deceased person, a person of unsound mind or a person who has not attained the age of eighteen years, for the benefit of the persons entitled to the beneficial interest therein; the administration of the property of a person adjudged bankrupt or a body corporate in liquidation, for the benefit of the creditors of such bankrupt or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; the administration of the property of a person who has entered into a deed of arrangement for the benefit of his creditors; or vesting any property subject to a trust in persons appointed as trustees under the instrument creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust; in consequence of any law relating to the limitation of actions; in terms of any law relating to abandoned, unoccupied, unutilised or undeveloped land, as defined in such law; in terms of any law relating to absent or non-resident owners, as defined in such law, of any property; in terms of any law relating to trusts or settlements; by reason of the property in question being in a dangerous state or prejudicial to the health or safety of human beings, animals or plants; as a condition in connection with the granting of permission for the utilisation of that or other property in any particular manner; for the purpose of or in connection with the prospecting for or exploitation of, minerals belonging to the republic on terms which provide for the respective interests of the persons affected; in pursuance of a provision of the marketing of property of that description in the common interests of the various persons otherwise entitled to dispose of that property; by way of the taking of a sample for the purposes of any law; by way of acquisition of the shares, or a class of shares, in a body corporate on terms agreed to by the holders of not less than nine-tenths in value of those shares or that class of shares; where the property consists of an animal, upon its being found trespassing or straying; for so long as may be necessary for the purpose of any examination, investigation, trial or inquiry or, in the case of the land, the carrying out thereon— of work for the purpose of the conservation of natural resources or any description; or of agricultural development or improvement which the owner or occupier of the land has been required, and has without reasonable and lawful excuse refused or failed, to carry out; where the property consists of any licence or permit; where the property consists of wild animals existing in their natural habitat or the carcasses of wild animals; where the property is held by a body corporate established by law for public purposes and in which no moneys have been invested other than moneys provided by parliament; where the property is any mineral, mineral oil or natural gases or any rights accruing by virtue of any title or licence for the purpose of searching for or mining any mineral, mineral oil or natural gases— upon failure to comply with any provision of such law relating to the title or licence or to the exercise of the rights accruing or to the development or exploitation of any mineral, mineral oil or natural gases; or in terms of any law vesting any such property or rights in the president; for the purpose of the administration or disposition of such property or interest or right by the president in implementation of a comprehensive land policy or of a policy designed to ensure that the statute law, the common law and the doctrines of equity relating to or affecting the interest in or rights over land, or any other interests or right enjoyed by chiefs and persons claiming through and under them, shall apply with substantial uniformity throughout zambia; in terms of any law providing for the conversion of titles to land from freehold to leasehold and the imposition of any restriction on subdivision, assignment or sub-letting; in terms of any law relating to— the forfeiture or confiscation of the property of a person who has left zambia for the purpose or apparent purpose, of defeating the ends of justice; the imposition of a fine on, and the forfeiture or confiscation of the property of, a person who admits a contravention of any law relating to the imposition or collection of any duty or tax or to the prohibition or control of dealing or transactions in gold, currencies, or securities. an act of parliament such as is referred to in clause (1) shall provide that in default of agreement, the amount of compensation shall be determined by a court of competent jurisdiction. article 17. protection for privacy of home and other property except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that it is shown that the law in question makes provision— that is reasonably required in the interests of defence, public safety, public order, public morality, public health, town and country planning, the development and utilisation of mineral resources, or in order to secure the development or utilisation of any property for a purpose beneficial to the community; that is reasonably required for the purpose of protecting the rights or freedoms of other persons; that authorises an officer or agent of the government, a local government authority or a body corporate established by law for a public purpose to enter on the premises or anything thereon for the purpose of any tax, rate or due or in order to carry out work connected with any property that is lawfully on those premises and that belongs to that government, authority, or body corporate, as the case may be; or that authorises, for the purpose of enforcing the judgement or order of a court in any civil proceedings, the search of any person or property by order of a court or entry upon any premises by such order; and except so far as that provision or, as the case may be, anything done under the authority thereof is shown not to be reasonably justified in a democratic society. article 18. provisions to secure protection of law if any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law. every person who is charged with a criminal offence— shall be presumed to be innocent until he is proved or has pleaded guilty; shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence charged; shall be given adequate time and facilities for the preparation of his defence; shall unless legal aid is granted him in accordance with the law enacted by parliament for such purpose be permitted to defend himself before the court in person, or at his own expense, by a legal representative of his own choice; shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge; and except with his own consent the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence. when a person is tried for any criminal offence, the accused person or any person authorized by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court. no person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description that the maximum penalty that might have been imposed for that offence at the time it was committed. no person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence, except upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal. no person shall be tried for a criminal offence if he shows that he has been pardoned for that offence. no person who is tried for a criminal offence shall be compelled to give evidence at the trial. no person shall be convicted of a criminal offence unless that offence is defined and the penalty is prescribed in a written law: provided that nothing in this clause shall prevent a court of record from punishing any person for contempt of itself notwithstanding that the act or omission constituting the contempt is not defined in written law and the penalty therefore is not so prescribed. any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other adjudicating authority, the case shall be given a fair hearing within a reasonable time. except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other adjudicating authority, including the announcement of the decision of the court or other authority, shall be held in public. nothing in clause (10) shall prevent the court or other adjudicating authority from excluding from the proceedings persons other than the parties thereto and their legal representatives to such extent as the court or other authority— may consider necessary or expedient in circumstances where publicity would prejudice the interest of justice or in interlocutory proceedings; or may be empowered by law to do in the interest of defence, public safety, public order, public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of— paragraph (a) of clause (2) to the extent that it is shown that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts; paragraph (d) of clause (2) to the extent that it is shown that the law in question prohibits legal representation before a subordinate court in proceedings for an offence under zambian customary law, being proceedings against any person who, under that law, is subject to that law; paragraph (c) of clause (2) to the extent that it is shown that the law in question imposes reasonable conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; clause (2) to the extent that it is shown that the law provides that— where the trial of any person for any offence prescribed by or under the law has been adjourned and the accused, having pleaded to the charge, fails to appear at the time fixed by the court for the resumption of his trial after the adjournment, the proceedings may continue notwithstanding the absence of the accused if the court, being satisfied that, having regard to all the circumstances of the case, it is just and reasonable so to do, so orders; and the court shall set aside any conviction or sentence pronounced in the absence of the accused in respect of that offence if the accused satisfies the court without undue delay that the cause of his absence was reasonable and that he had a valid defence to the charge; clause (2) to the extent that it is shown that the law provides that a trial of a body corporate may take place in the absence of any representative of the body corporate upon a charge in respect of which a plea of not guilty has been entered by the court; clause (5) to the extent that it is shown that the law in question authorises a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law. in the case of any person who is held in lawful detention, clause (1), paragraphs (d) and (e) of clause (2) and clause (3) shall not apply in relation to his trial for a criminal offence under the law regulating the discipline of persons held in detention. in its application to a body corporate clause (2) shall have effect as if the words “in person or” were omitted from paragraph (d) and (e). in this article “criminal offence” means a criminal offence under the law in force in zambia. article 19. protection of freedom of conscience except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this article the said freedom includes freedom of thought and religion, freedom to change his religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance. except with his own consent, or, if he is a minor, the consent of his guardian, no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion other than his own. no religious community or denomination shall be prevented from providing religious instruction for persons of that community or denomination in the course of any education provided by the community or denomination or from establishing and maintaining institutions to provide social services for such persons. no person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that it is shown that the law in question makes provision which is reasonably required— in the interests of defence, public safety, public order, public morality or public health; or for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practice any religion without the unsolicited intervention of members of any other religion: and except so far as that provision or, the thing done under the authority thereof as the case may be, is shown not to be reasonably justified in a democratic society. article 20. protection of freedom of expression except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, that is to say, freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to impart and communicate ideas and information without interference, whether the communication be to the public generally or to any person or class of persons, and freedom from interference with his correspondence. subject to the provisions of this constitution no law shall make any provision that derogates from freedom of the press. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that it is shown that the law in question makes provision— that is reasonably required in the interests of defence, public safety, public order, public morality or public health; or that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, regulating educational institutions in the interests of persons receiving instruction therein, or the registration of, or regulating the technical administration or the technical operation of, newspapers and other publications, telephony, telegraphy, posts, wireless broadcasting or television; or that imposes restrictions on public officers; and except so far as that provision or, the thing done under the authority thereof as the case may be, is shown not to be reasonably justifiable in a democratic society. article 21. protection of freedom of assembly and association except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to any political party, trade union or other association for the protection of his interests. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that it is shown that the law in question makes provision— that is reasonably required in the interests of defence, public safety, public order, public morality or public health; that is reasonably required for the purpose of protecting the rights or freedoms of other persons; that imposes restrictions upon public officers; or for the registration of political parties or trade unions in a register established by or under a law and for imposing reasonable conditions relating to the procedure for entry on such register including conditions as to the minimum number of persons necessary to constitute a trade union qualified for registration; and except so far as that provision or, the thing done under the authority thereof as the case may be, is shown not to be reasonably justifiable in a democratic society. article 22. protection of freedom of movement subject to the other provision of this article and except in accordance with any other written law, no citizen shall be deprived of his freedom of movement, and for the purposes of this article freedom of movement means— the right to move freely throughout zambia; the right to reside in any part of zambia; and the right to leave zambia and to return to zambia. any restrictions on a person’s freedom of movement that relates to his lawful detention shall not be held to be inconsistent with or in contravention of this article. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that it is shown that the law in question makes provision— for the imposition of restrictions that are reasonably required in the interests of defence, public safety, public order, public morality or public health or the imposition or restrictions on the acquisition or use by any person of land or other property in zambia, and except so far as that provision or, the thing done under the authority thereof, as the case may be, is shown not be reasonably justifiable in a democratic society; for the imposition of restrictions on the freedom of movement of any person who is not a citizen of zambia; for the imposition of restrictions upon the movement or residence within zambia of public officers; or for the removal of a person from zambia to be tried outside zambia for a criminal offence or to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offence under the law in force in zambia of which he has been convicted. article 23. protection from discrimination on the ground of race, etc subject to clauses (4), (5) and (7), no law shall make any provision that is discriminatory either of itself or in its effect. subject to clauses (6), (7) and (8), no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority. in this article the expression “discriminatory” mean, affording different treatment to different persons attributable, wholly or mainly to their respective descriptions by race, tribe, sex, place of origin, marital status, political opinions colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description. clause (1) shall not apply to any law so far as that law makes provision— for the appropriation of the general revenues of the republic; with respect to persons who are not citizens of zambia; with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law; for the application in the case of members of a particular race or tribe, of customary law with respect to any matter to the exclusion of any law with respect to that matter which is applicable in the case of other persons; or whereby persons of any such description as is mentioned in clause (3) may be subjected to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society. nothing contained in any law shall be held to be inconsistent with or in contravention of clause (1) to the extent that it is shown that it makes reasonable provision with respect to qualifications for service as a public officer or as a member of a disciplined force or for the service of a local government authority or a body corporate established directly by any law. clause (2) shall not apply to anything which is expressly or by necessary implication authorized to be done by any such provision or law as is referred to in clause (4) or (5). no thing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that it is shown that the law in question makes provision whereby persons of any such description as is mentioned in clause (3) may be subjected to any restriction on the rights and freedoms guaranteed by articles 17, 19, 20, 21 and 22, being such a restriction as is authorised by clause (2) of article 17, clause (5) of article 19, clause (2) of article 20, clause (2) of article 21 or clause (3) of article 22, as the case may be. nothing in clause (2) shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this constitution or any other law. article 24. protection of young persons from exploitation no young person shall be employed and shall in no case be caused or permitted to engage in any occupation or employment which would prejudice his health or education or interfere with his physical, mental or moral development: provided that an act of parliament may provide for the employment of a young person for a wage under certain conditions. all young persons shall be protected against physical or mental ill-treatment, all forms of neglect, cruelty or exploitation. no young person shall be the subject of traffic in any form. in this article “young person” means any person under the age of fifteen years. article 25. derogation from fundamental rights and detention nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of articles 13, 16, 17, 19, 20, 21, 22, 23, or 24 to the extent that it is shown that the law in question authorises the taking, during any period when the republic is at war or when a declaration under article 30 is in force, of measures for the purpose of dealing with any situation existing or arising during that period; and nothing done by any person under the authority of any such law shall be held to be in contravention of any of the said provisions if it is shown that the measures taken were, having due regard to the circumstances prevailing at the time, reasonably required for the purpose of dealing with the situation in question. article 26. provisions relating to restriction and detention where a person’s freedom of movement is restricted, or he is detained, under the authority of any such law as is referred to in article 22 or 25, as the case may be, the following provisions shall apply— he shall, as soon as reasonably practicable and in any case not more than fourteen days after the commencement of his detention or restriction, be furnished with a statement in writing in a language that he understands specifying in detail the grounds upon which he is restricted or detained; not more than fourteen days after the commencement of his restriction or detention a notification shall be published in the gazette stating that he has been restricted or detained and giving particulars of the place of detention and the provision of law under which his restriction or detention is authorised; if he so requests at any time during the period of such restriction or detention not earlier than three months after the commencement thereof or after he last made such a request during that period, as the case may be, his case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person, appointed by the chief justice, who is or is qualified to be a judge of the high court; he shall be afforded reasonable facilities to consult a legal representative of his own choice who shall be permitted to make representations to the authority by which the restriction or detention was ordered or to any tribunal established for the review of his case; and at the hearing of his case by such tribunal he shall be permitted to appear in person or by a legal representative of his own choice. on any review by a tribunal under this article, the tribunal shall advise the authority by which it was ordered on the necessity or expediency of continuing his restriction or detention and that authority shall be obliged to act in accordance with any such advice. the president may at any time refer to the tribunal the case of any person who has been or is being restricted or detained pursuant to any restriction or detention order. nothing contained in paragraph (d) or (e) of clause (1) shall be construed as entitling a person to legal representation at public expense. parliament may make or provide for the making of rules to regulate the proceedings of any such tribunal including but without derogating from the generality of the foregoing, rules as to evidence and the admissibility thereof, the receipt of evidence including written reports in the absence of the restricted or detained person and his legal representative, and the exclusion of the public from the whole or any portion of the proceedings. clauses (11) and (12) or article 18 shall be read and construed subject to the provisions of this article. article 27. reference of certain matters to special tribunal whenever— a request is made in accordance with clause (2) for a report on a bill or statutory instrument; or the chief justice considers it necessary for the purpose of determining claims for legal aid in respect of proceedings under article 30 or 31; the chief justice shall appoint a tribunal which shall consist of two persons selected by him from amongst persons who hold or have held the office of a judge of the supreme court or the high court. a request for a report on a bill or a statutory instrument may be made by not less than thirty members of the national assembly by notice in writing delivered— in the case of a bill, to the speaker within three days after the final reading of the bill in the assembly. in the case of a statutory instrument, to the authority having power to make the instrument within fourteen days of the publication of the instrument in the gazette. where a tribunal is appointed under this article for the purpose of reporting on a bill or a statutory instrument, the tribunal shall, within the prescribed period, submit a report to the president and to the speaker of the national assembly stating— in the case of a bill, whether or not in the opinion of the tribunal any, and if so which, provisions of the bill are inconsistent with this constitution; in the case of a statutory instrument, whether or not in the opinion of the tribunal any, and if so which, provisions of the instrument are inconsistent with this constitution; and, if the tribunal reports that any provision would be or is inconsistent with this constitution, the grounds upon which the tribunal has reached that conclusion. provided that if the tribunal considers that the request for a report on a bill or statutory instrument is merely frivolous or vexatious, it may so report to the president without entering further upon the question whether the bill or statutory instrument would be or is inconsistent with this constitution. in determining any claim for legal aid as referred to in clause (2), the tribunal may grant to any person who satisfies it that— he intends to bring or is an applicant in proceedings under clause (1) or (4) of article 28; he has reasonable grounds for bringing the application; and he cannot afford to pay for the cost of the application; a certificate that the application is a proper case to be determined at public expenses: provided that paragraph (c) shall not apply in any case where the application relates to the validity or a provision of law in respect of which the tribunal has reported that it would be or is inconsistent with this constitution or where it appears to the tribunal that issues are or will be raised in the application which are of general importance. where a certificate is granted to any person by the tribunal in pursuance of clause (4), there shall be paid to that person out of the general revenues of the republic such amount as the tribunal, when hearing the application, may assess as the costs incurred by that person in connection with the application; and the sums required for making such payment shall be a charge on the general revenue of the republic. for the purposes of clause (5)— the costs incurred in an application shall include the cost of obtaining the advice of a legal representative and, if necessary, the cost of representation by a legal representative in any court in steps preliminary or incidental to the application; in assessing the costs reasonably incurred by a person in an application regard shall be had to costs awarded against that person or recovered by him in those proceedings. in this article, “prescribed period” means— in relation to a bill, the period commencing from the appointment of the tribunal to report upon the bill and ending thirty days thereafter or if the speaker, on the application of the tribunal considers that owing to the length or complexity of the bill thirty days is insufficient for consideration of the bill, ending on such later day as the speaker may determine; in relation to a statutory instrument, the period of forty days commencing with the day on which the instrument is published in the gazette. nothing in clause (1), (2) or (3) shall apply to a bill for the appropriation of the general revenues of the republic or a bill containing only proposals for expressly altering this constitution or the constitution of zambia act, 1991. article 28. enforcement of protective provisions subject to clause (5), if any person alleges that any of the provisions of articles 11 to 26 inclusive has been, is being or is likely to be contravened in relation to him, then, without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply for redress to the high court which shall— hear and determine any such application; determine any question arising in the case of any person which is referred to it in pursuance of clause (2); and which may, make such order, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing, or securing the enforcement of, any of the provisions of articles 11 to 26 inclusive. 2 if in any proceedings in any subordinate court any question arises as to the contravention of any of the provisions of articles 11 to 26 inclusive, the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question to the high court unless, in his opinion the raising of the question is merely frivolous or vexatious. any person aggrieved by any determination of the high court under this article may appeal therefrom to the supreme court: provided that no appeal shall lie from a determination of the high court under this article dismissing an application on the ground that it is frivolous and vexatious. no application shall be brought under clause (1) on the grounds that the provisions of articles 11 to 26 (inclusive) are likely to be contravened by reason of proposals contained in any bill which, at the date of the application, has not become a law. parliament may confer upon the supreme court or high court such jurisdiction or powers in addition to those conferred by this article as may appear to be necessary or desirable of the purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by this article or of enabling any application for redress to be more speedily determined. article 29. declaration of war the president may, in consultation with cabinet, at any time, by proclamation published in the gazette declare war. a declaration made under clause (1) shall continue in force until the cessation of hostilities. an act of parliament shall provide for the conditions and circumstances under which a declaration may be made under clause (1). article 30. declaration of public emergency the president may, in consultation with cabinet, at any time, by proclamation published in the gazette declare that a state of public emergency exists. a declaration made under clause (1) of this article shall cease to have effect on the expiration of a period of seven days commencing with the day on which the declaration is made unless, before the expiration of such period, it has been approved by a resolution of the national assembly supported by a majority of all the members thereof not counting the speaker. in reckoning any period of seven days for the purposes of clause (2) no account shall be taken of any time during which parliament is dissolved. a declaration made under clause (1) may, at any time before it has been approved by a resolution of the national assembly, be revoked by the president by proclamation published in the gazette. subject to clause (6) a resolution of the national assembly under clause (2) will continue in force until the expiration of a period of three months commencing with the date of its being approved or until revoked at such earlier date of its being so approved or until such earlier date as may be specified in the resolution. provided that the national assembly may, by majority of all the members thereof, not counting the speaker extend the approval of the declaration for periods of not more than three months at a time. the national assembly may, by resolution, at any time revoke a resolution made by it under this article. whenever an election to the office of president results in a change of the holder of that office, any declaration made under this article and in force immediately before the day on which the president assumes office shall cease to have effect on the expiration of seven days commencing with that day. the expiration or revocation of any declaration or resolution made under this article shall not affect the validity of anything previously done in reliance on such declaration. article 31. declaration relating to threatened emergency the president may at any time by the proclamation published in the gazette declare that a situation exists which, if it is allowed to continue may lead to a state of public emergency. a declaration made under clause (1) of this article shall cease to have effect on the expiration of a period of seven days commencing with the day on which the declaration is made unless, before the expiration of such period, it has been approved by a resolution of the national assembly supported by a majority of all the members thereof not counting the speaker. in reckoning any period of seven days for the purpose of clause (2) no account shall be taken of any time during which parliament is dissolved. a declaration made under clause (1), may, at any time before it has been approved by a resolution of the national assembly, be revoked by the president by proclamation published in the gazette. subject to clause (6) a resolution of the national assembly under clause (2) shall continue in force until the expiration of a period of three months commencing with the date of its being approved or until revoked on an earlier date of its being so approved or until such earlier date as may be specified in the resolution. the national assembly may by resolution, at any time revoke a resolution made by it under this article. whenever an election to the office of president results in a change in the holder of that office, any declaration made under this article and in force immediately before the day on which the president assumes office, shall cease to have effect on the expiration of seven days commencing with that day. the expiration or revocation of any declaration or resolution made under this article shall not affect the validity of anything previously done in reliance on such declaration. article 32. interpretation and savings in this part, unless the context otherwise requires— “contravention”, in relation to any requirement, includes a failure to comply with that requirement and cognate expressions shall be construed accordingly; “court” means any court of law having jurisdiction in zambia, other than a court established by a disciplinary law, and in articles 12 and 14 includes a court established by a disciplinary law; “disciplinary law” means a law regulating the disciplined force; “disciplined force” means— a naval, military or air force; the zambia police force; or any other force established by or under an act of parliament; “legal representative” means a person entitled to practise in zambia as an advocate; “member”, in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force is subject to that discipline. in relation to any person who is a member of a disciplined force raised under the law of zambia, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this part other than articles 12, 14, and 15. in relation to any person who is a member of a disciplinary force raised otherwise than as aforesaid and lawfully present in zambia, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this part. part iv. citizenship article 33. existing citizenship a person who was a citizen of zambia, immediately before the commencement of this constitution, shall continue to be a citizen of zambia and shall retain the same citizenship category from the date the citizenship was acquired. article 34. categories of citizenship citizenship may be acquired by birth, descent, registration or adoption in accordance with this part. article 35. citizenship by birth a person born in zambia is a citizen by birth if, at the date of that person’s birth, at least one parent of that person is or was a citizen. a child found in zambia who is, or appears to be, of not more than eight years of age and whose nationality and parents are not known, shall be presumed to be a citizen by birth. for the purposes of this part, a person born aboard— a registered ship or aircraft of a country, shall be deemed to have been born in the country of registration of the ship or aircraft; or an unregistered ship or aircraft of a country, shall be deemed to have been born in that country. article 36. citizenship by descent a person born outside zambia is a citizen by descent if, at the date of that person’s birth, at least one parent of that person is or was a citizen by birth or descent. article 37. citizenship by registration subject to clause (2), a person is entitled to apply to the citizenship board of zambia to be registered as a citizen if that person has attained the age of eighteen years and— was born in zambia and has been ordinarily resident in zambia for a period of at least five years; was born outside zambia, has or had an ancestor who is, or was, a citizen and has been ordinarily resident in zambia for a period of at least five years; or has been ordinarily resident in zambia for a continuous period of at least ten years; immediately preceding that person’s application for registration, as prescribed. notwithstanding clause (1), a person who is, or was married to a citizen, for a period of at least five years, is entitled to apply to the citizenship board of zambia, to be registered as a citizen, as prescribed. article 38. citizenship by adoption a child who is not a citizen and who is adopted by a citizen shall be a citizen on the date of the adoption. article 39. dual citizenship a citizen shall not lose citizenship by acquiring the citizenship of another country. a citizen who ceased to be a citizen, before the commencement of this constitution as a result of acquiring the citizenship of another country, shall be entitled to apply, as prescribed, to the citizenship board of zambia, for citizenship and the citizenship board of zambia shall bestow citizenship on that person. article 40. renunciation and deprivation of citizenship a citizen— may renounce citizenship as prescribed; or shall be deprived of citizenship if that citizenship was acquired by means of fraud, false representation or concealment of a material fact. the process and procedures to be followed by the citizenship board of zambia when granting or depriving a person of citizenship shall be prescribed. article 41. citizenship board of zambia there is established the citizenship board of zambia. the composition, appointment and tenure of office of members of, and procedures to be followed by, the citizenship board of zambia shall be prescribed. article 42. entitlements of citizen a citizen is entitled to— the rights, privileges and benefits of citizenship as provided in this constitution or as prescribed; and a document of identification issued by the state to citizens. article 43. responsibilities of citizen a citizen shall — be patriotic to zambia and promote its development and good image; pay taxes and duties lawfully due and owing to the state; protect and conserve the environment and utilise natural resources in a sustainable manner; maintain a clean and healthy environment; provide national, defence and military service when called upon by the state; and co-operate with law enforcement agencies for the maintenance and enforcement of law and order. a citizen shall endeavour to— acquire basic understanding of this constitution and promote its ideals and objectives; register and vote, if eligible, in national and local government elections and referenda; develop one’s abilities to the greatest possible extent through acquisition of knowledge, continuous learning and the development of skills; foster national unity and live in harmony with others; and understand and enhance zambia’s place in the international community. article 44. reference to citizenship of parent a reference in this part to the citizenship of the parent of a person at the time of the birth of that person shall, in relation to a person born after the death of that person’s parent, be construed as a reference to the citizenship of the parent at the time of the parent’s death. part v. representation of the people electoral systems and process article 45. principles of electoral systems and process the electoral systems provided for in article 47 for the election of president, member of parliament or councillor shall ensure— that citizens are free to exercise their political rights; universal adult suffrage based on the equality of a vote; fair representation of the various interest groups in society; and gender equity in the national assembly or council. the electoral process and system of administering elections shall ensure— that elections are free and fair; that elections are free from violence, intimidation and corruption; independence, accountability, efficiency and transparency of the electoral process; a simple and practical system of voting and tabulating votes; and timely resolution of electoral disputes. article 46. franchise a citizen who has attained the age of eighteen years is entitled to be registered as a voter and vote in an election by secret ballot. article 47. electoral systems elections to the office of president shall be conducted directly, under a majoritarian electoral system, where the winning candidate must receive more than fifty percent of the valid votes cast, and in accordance with article 101. elections to the national assembly shall be conducted under a first-past-the-post electoral system in accordance with article 68. elections to councils shall be conducted under a first-past-the-post electoral system, and in accordance with articles 153 and 154. a constituency and a ward shall return only one member to the national assembly and council, respectively. article 48. electoral process the electoral process for electing a president, member of parliament or councillor shall be prescribed. article 49. system for administering elections the system for administering elections shall be prescribed article 50. access to media a political party and a candidate contesting an election shall have access to the media, especially during election campaigns. article 51. independent candidates a person is eligible for election as an independent candidate for a national assembly seat if the person— is not a member of a political party and has not been a member of a political party for at least two months immediately before the date of the election; and meets the qualifications specified in article 70 for election as a member of parliament. article 52. nominations a candidate shall file that candidate’s nomination paper to a returning officer, supported by an affidavit stating that the candidate is qualified for nomination as president, member of parliament or councillor, in the manner, on the day, and at the time and place set by the electoral commission by regulation. a returning officer shall, immediately on the filing of a nomination paper, in accordance with clause (1), duly reject the nomination paper if the candidate does not meet the qualifications or procedural requirements specified for election to that office. the information contained in a nomination paper and affidavit shall be published by the electoral commission, as prescribed. a person may challenge, before a court or tribunal, as prescribed, the nomination of a candidate within seven days of the close of nomination and the court shall hear the case within twenty-one days of its lodgement. the processes specified in clauses (1) to (4) shall be completed at least thirty days before a general election. where a candidate dies, resigns or becomes disqualified in accordance with article 70, 100 or 153 or a court disqualifies a candidate for corruption or malpractice, after the close of nominations and before the election date, the electoral commission shall cancel the election and require the filing of fresh nominations by eligible candidates and elections shall be held within thirty days of the filing of the fresh nominations. article 53. unopposed candidates where only one candidate is nominated for election as president, member of parliament or councillor, by the date and time set by the electoral commission for receiving nominations and at the close of the nomination period, that candidate shall be declared duly elected. a person may, within seven days of a declaration made in accordance with clause (1), challenge the declaration, as prescribed. the processes specified in clauses (1) and (2) shall be completed at least thirty days before a general election. article 54. electoral code of conduct a candidate and a political party shall comply with a prescribed electoral code of conduct. article 55. losing candidate not eligible for certain appointments a candidate who loses an election as a president, vice-president, member of parliament or councillor is not eligible, during the term of that national assembly or council, for appointment as— minister; or provincial minister. article 56. election date for general elections a general election shall be held, every five years after the last general election, on the second thursday of august. the day on which a general election is held shall be a public holiday. article 57. by-elections where a vacancy occurs in the office of member of parliament, mayor, council chairperson or councillor, a by-election shall be held within ninety days of the occurrence of the vacancy. a by-election shall not be held within the one hundred-and-eighty day period that precedes a general election. the electoral commission shall, by regulation, set the place where, and the date and time when, a by-election is to be held. constituencies wards and delimitation article 58. constituencies, wards and delimitation zambia shall be divided into constituencies and wards for purposes of elections to the national assembly and councils, respectively. the number of constituencies shall be equal to the number of seats of elected members in the national assembly. the number of wards in a district shall be prescribed. the electoral commission shall determine the names and boundaries of constituencies and wards. the electoral commission shall, at intervals of not more than ten years, review the names and boundaries of constituencies and wards. the names and details of the boundaries of constituencies and wards shall be published in the gazette and shall come into effect on the next dissolution of parliament or councils. a person may apply to the constitutional court for review of a decision of the electoral commission made under this article. article 59. matters to take into account when delimiting constituencies and wards the electoral commission shall, in delimiting the boundaries of constituencies and wards— take into account the history, diversity and cohesiveness of the constituency or ward; have regard to population density, trends and projections; ensure that the number of inhabitants in each constituency or ward is reasonable, taking into account the means of communication and geographical features; ensure that constituencies and wards are wholly within districts; and seek to achieve an approximate equality of constituency and ward population, subject to the need to ensure adequate representation for urban and sparsely populated areas. political parties article 60. political parties a political party has the right to— disseminate information on social and economic programmes of a national character and of its political ideology; sponsor candidates for election or nomination to a state office in respect of which elections are required to be held; and conduct primary elections for the selection of candidates. a political party shall— promote the values and principles specified in this constitution; have a national character; promote and uphold national unity; promote and practice democracy through regular, free and fair elections within the party; respect the right of its members to participate in the affairs of the political party; respect the right of its members to seek redress from a court or tribunal when aggrieved by a decision of the political party; and subscribe to and observe the code of conduct for political parties, as prescribed. a political party shall not— be founded on a religious, linguistic, racial, ethnic, tribal, gender, sectoral or provincial basis or engage in propaganda based on any of these factors; engage in or encourage violence or intimidate its members, supporters, opponents or other persons; engage in corrupt practices; and except as prescribed, use public resources to promote its interest or that of its members. the following shall be prescribed with regard to political parties: the establishment and management of a political parties’ fund to provide financial support to political parties with seats in the national assembly; the accounts of political parties which are funded under the political parties’ fund and the submission of audited accounts by political parties; the sources of funds for political parties; the maximum amount of money to be used for campaigns during elections; and matters incidental to matters specified in this clause. part vi. legislature legislative authority article 61. principles of legislative authority the legislative authority of the republic derives from the people of zambia and shall be exercised in a manner that protects this constitution and promotes the democratic governance of the republic. article 62. parliament, vesting of legislative authority and members of parliament there is established the parliament of zambia which consists of the president and the national assembly. the legislative authority of the republic is vested in and exercised by parliament. a person or body, other than parliament, shall not have power to enact legislation, except as conferred by this constitution. a member of the national assembly shall be referred to as a member of parliament. article 63. functions of parliament and national assembly parliament shall enact legislation through bills passed by the national assembly and assented to by the president. the national assembly shall oversee the performance of executive functions by— ensuring equity in the distribution of national resources amongst the people of zambia; appropriating funds for expenditure by state organs, state institutions, provincial administration, local authorities and other bodies; scrutinising public expenditure, including defence, constitutional and special expenditure; approving public debt before it is contracted; and approving international agreements and treaties before these are acceded to or ratified. article 64. introduction of bills in national assembly a member of parliament or minister may introduce a bill in the national assembly. the expenses of drafting and introducing a bill in the national assembly shall be a charge on the consolidated fund. article 65. money bills a money bill shall be introduced by a minister. a money bill means a bill that provides for, among other matters— the imposition, repeal, remission, alteration or regulation of taxes; the imposition of charges on the consolidated fund or any other public fund, or the variation or repeal of any of those charges; the appropriation, receipt, custody, investment, issue or audit of accounts of public monies; the grant of public money to a person or authority or the variation or revocation of such grant; the raising or guaranteeing of a loan or the repayment of it; or matters incidental to matters specified in this clause. a bill that confers emoluments on state officers or constitutional office holders shall only be introduced in the national assembly if the emoluments are recommended by the emoluments commission. article 66. presidential assent and referral where a bill is presented to the president for assent, the president shall, within twenty-one days after receipt of the bill— assent to the bill; or refer the bill to the national assembly for reconsideration, indicating any reservation that the president has concerning the bill. where the president refers the bill to the national assembly for reconsideration, in accordance with clause (1) (b), the national assembly may— amend the bill taking into account the president’s reservation; or pass the bill, without amendment, by a vote supported by at least two-thirds of the members of parliament. where the national assembly passes the bill with amendments, in accordance with clause (2) (a), the speaker shall submit the bill to the president for assent. where the national assembly passes the bill, in accordance with clause (2) (b)— the speaker shall, within seven days of passing the bill, resubmit the bill to the president; and the president shall, within seven days of receipt of the bill, assent to the bill. where the national assembly fails to pass the bill, in accordance with clause (2) (b), the bill shall not be presented to the national assembly in that session. where the president does not assent to a bill within the periods prescribed in clauses (1) and (4), the bill shall be considered assented to upon the expiry of those periods. article 67. statutory instruments article 62 or 63 shall not prevent parliament from conferring on a person or authority power to make statutory instruments. a statutory instrument shall be published in the gazette— not later than twenty-eight days after it is made; or in the case of a statutory instrument which will not have the force of law unless it is approved by a person or an authority, other than a person or an authority by which it was made, not later than twenty-eight days after it is so approved; and if the statutory instrument is not so published, it is void from the date on which it was made. a person may challenge a statutory instrument, for its constitutionality, within fourteen days of the publication of the statutory instrument in the gazette. where the constitutional court considers that a challenge of a statutory instrument is frivolous or vexatious, the constitutional court shall dismiss the action. where the constitutional court decides that a provision of a statutory instrument is inconsistent with a provision of this constitution, that statutory instrument is void from the date on which it was made. a member of parliament who intends to challenge a statutory instrument, on its constitutionality, shall follow the procedure laid down in the standing orders of the national assembly. elections to national assembly and members of parliament article 68. election and composition of national assembly a member of parliament shall be elected in accordance with article 47 (2) and this article. the national assembly shall consist of— one hundred and fifty-six members directly elected on the basis of a simple majority vote under the first-past-the-post system; not more than eight nominated members; the vice-president; the speaker; and the first and second deputy speakers. article 69. nominated members of parliament the president may nominate a person referred to in article 68 (2) (b) where the president considers it necessary to enhance the representation of special interests, skills or gender in the national assembly. a person may be nominated as a member of parliament if the person qualifies to be elected as such under article 70. a person who was a candidate for election in the last preceding general election or a subsequent by-election is not eligible to be nominated as a member of parliament article 70. qualifications and disqualifications of members of parliament subject to clause (2), a person is eligible to be elected as a member of parliament, if that person— is a citizen; is at least twenty-one years old; is a registered voter; has obtained, as a minimum academic qualification, a grade twelve certificate or its equivalent; and declares that person’s assets and liabilities, as prescribed. a person is disqualified from being elected as a member of parliament if that person— is validly nominated as a candidate in a presidential election; is a public officer or constitutional office holder; is a judge or judicial officer; has a mental or physical disability that would make the person incapable of performing the legislative function; is an undischarged bankrupt; is serving a sentence of imprisonment for an offence under a written law; has, in the immediate preceding five years, served a term of imprisonment of at least three years; has, in the immediate preceding five years, been removed from public office on grounds of gross misconduct; or holds or is acting in an office, as prescribed, the functions of which involve or are connected with the conduct of elections. article 71. nominations for election to national assembly a nomination for election to the national assembly is valid if the candidate— has paid a prescribed election fee to the electoral commission;and is supported by at least fifteen persons registered as voters in the constituency in which the candidate is standing for election. article 72. vacation of office as member of parliament and dissolution of political party a member of parliament shall, except the speaker and the first deputy speaker, vacate the seat in the national assembly upon a dissolution of parliament. the office of member of parliament becomes vacant if the member— resigns by notice, in writing, to the speaker; becomes disqualified for election in accordance with article 70; acts contrary to a prescribed code of conduct; resigns from the political party which sponsored the member for election to the national assembly; is expelled from the political party which sponsored the member for election to the national assembly; ceases to be a citizen; having been elected to the national assembly, as an independent candidate, joins a political party; is disqualified as a result of a decision of the constitutional court; or dies. the office of a nominated member of parliament becomes vacant if the member— resigns by notice, in writing, to the speaker; is disqualified under article 70; acts contrary to a prescribed code of conduct; ceases to be a citizen; dies; or has the member’s nomination revoked by the president. a person who causes a vacancy in the national assembly due to the reasons specified under clause (2) (a), (b), (c), (d), (g) and (h) shall not, during the term of that parliament— be eligible to contest an election; or hold public office. where a member of parliament is expelled as provided in clause (2)(e), the member shall not lose the seat until the expulsion is confirmed by a court, except that where the member does not challenge the expulsion in court and the period prescribed for challenge lapses, the member shall vacate the seat in the national assembly. where a court determines that an expulsion of a member, as provided in clause (2)(e), was not justified, there shall be no by-election for that seat and the member shall opt to— remain a member of the political partyand retain the seat; or resign from the political party and retain the seat as an independent member. where a court determines that an expulsion of a member, as provided in clause (2)(e), was justified, the member shall vacate the seat in the national assembly. where a vacancy occurs in the national assembly, the speaker shall, within seven days of the occurrence of the vacancy, inform the electoral commission of the vacancy, in writing, and a by-election shall be held in accordance with article 57. if a political party is dissolved, a member of parliament shall retain the member’s seat as an independent member. article 73. petition of election of member of parliament a person may file an election petition with the high court to challenge the election of a member of parliament. an election petition shall be heard within ninety days ofthe filing of the petition. a person may appeal against the decision of the high court to the constitutional court. a member of parliament whose election is petitioned shall hold the seat in the national assembly pending the determination of the election petition. article 74. leader of government business and leader of opposition the president shall appoint the vice-president to be the leader of government business in the national assembly. the opposition political party with the largest number of seats in the national assembly shall elect a leader of the opposition from amongst the members of parliament who are from the opposition. proceedings of national assembly article 75. sittings of national assembly the speaker shall, within thirty days after a general election, by notice in the gazette, appoint a date for the first sitting of the national assembly for that term. there shall be at least three sittings of the national assembly in a session of parliament which shall be held at such times and on such days as the speaker appoints. notwithstanding clause (2), the president, or two-thirds of the members of parliament, may, in writing, request the speaker to summon a sitting of the national assembly, as prescribed. article 76. freedom of speech powers, privilegs and immunities a member of parliament has freedom of speech and debate in the national assembly and that freedom shall not be ousted or questioned in a court or tribunal. a member of parliament shall have the powers, privileges and immunities, as prescribed. article 77. procedure of national assembly subject to this article and article 78, the national assembly shall regulate its own procedure and make standing orders for the conduct of its business. the proceedings of the national assembly shall not be invalid due to— a vacancy in its membership; or the presence or participation of a person not entitled to be present at, or to participate in, the proceedings of the national assembly. there shall preside at a sitting of the national assembly— the speaker; in the absence of the speaker, the first deputy speaker; in the absence of the first deputy speaker, the second deputy speaker; or in the absence of the second deputy speaker, another member of parliament as the members may elect for that sitting. the quorum for a meeting of the national assembly shall be one-third of the members of parliament. article 78. voting in national assembly except as otherwise provided in this constitution, a question proposed for decision in the national assembly shall be determined by a majority of the members of parliament present and voting. on a question proposed for decision in the national assembly— the speaker shall have no vote; and in the case of a tie, the question shall be lost. article 79. alteration of constitution subject to the provisions of this article, parliament may alter this constitution or the constitution of zambia act, 1991. subject to cause (3) a bill for the alteration of this constitution or the constitution of zambia act, 1991 shall not be passed unless— not less than thirty days before the first reading of the bill in the national assembly the text of the bill is published in the gazette; and the bill is supported on second and third readings by the votes of not less than two thirds of all the members of the assembly. a bill for the alteration of part iii of this constitution or of this article shall not be passed unless before the first reading of the bill in the national assembly it has been put to a national referendum with or without amendment by not less than fifty percent of persons entitled to be registered as voters for the purposes of presidential and parliamentary elections. any referendum conducted for the purposes of clause (3) shall be so conducted and supervised in such manner as may be prescribed by or under an act of parliament. in this article— references to this constitution or the constitution of zambia act, 1991 include reference to any law that amends or replaces any of the provisions of this constitution or that act; and references to the alteration of this constitution or the constitution of zambia act, 1991 or of any part or article include references to the amendment, modification or reenactment with or without amendment or modification, of any provision for the time being contained in this constitution, that act, part or article, the suspension or repeal or any such provision and the making of different provision in lieu of such provision, and the addition of new provisions, to this constitution, that act, part or article. nothing in this article shall be so construed as to require the publication of any amendment to any such bill as is referred to in clause (2) proposed to be moved in the national assembly. article 80. committees of national assembly the national assembly may establish parliamentary committees. parliamentary committees shall be established at the first sitting of the national assembly after a general election and after the election of the speaker and the deputy speakers. the national assembly shall, in selecting members of a parliamentary committee, ensure that there is equitable representation of the political parties holding seats in the national assembly and independent members of parliament. the standing orders shall provide for the categories, functions and procedures of parliamentary committees. article 81. term and prorogation of parliament the term of parliament shall be five years commencing from the date that the members of parliament are sworn into office after a general election and ending on the date that parliament is dissolved. the national assembly may, when the republic is at war, by resolution supported by a simple majority vote of the members of parliament, extend the term of parliament for not more than twelve months at a time. parliament shall stand dissolved ninety days before the holding of the next general election. subject to clauses (5), (6) and (7), the president may dissolve parliament if the executive cannot effectively govern the republic due to the failure of the national assembly to objectively and reasonably carry out its legislative function. where the president intends to dissolve parliament in accordance with clause (4), the president shall inform the public and refer the matter, within seven days, to the constitutional court. the constitutional court shall hear the matter, referred to it in accordance with clause (5), within seven days of receipt of the matter. the constitutional court shall, where it decides that the situation in clause (4) exists, inform the president and the president shall dissolve parliament. where parliament is dissolved under clauses (3) and (4), the president shall, until the president-elect assumes office, continue to perform the executive functions, in accordance with article 104. where parliament is dissolved under clauses (3) and (4), general elections shall be held within ninety days of the dissolution. the president may, due to a state of war, state of public emergency or threatened state of public emergency, after the dissolution of parliament and before the holding of general elections, recall the national assembly that was dissolved. the president may, in consultation with the speaker, prorogue parliament by proclamation. speaker deputy speakers and officers of national assembly article 82. speaker and deputy speakers of national assembly the members of parliament shall elect, by secret ballot, a speaker of the national assembly from a list of names of persons, who are qualified to be elected as members of parliament, but are not members of parliament, submitted to the national assembly by— the president; and political parties holding seats in the national assembly. a person is qualified to be elected as speaker of the national assembly if that person— is a citizen by birth or descent; does not have dual citizenship; has been ordinarily resident in zambia; is at least thirty-five years old; has obtained, as a minimum academic qualification, a grade twelve certificate or its equivalent; declares that person’s assets and liabilities, as prescribed; has paid that person’s taxes or made arrangements satisfactory to the appropriate tax authority for the payment of the taxes; and is not a member of parliament. there shall be two deputy speakers of the national assembly who are not members of the same political party and of the same gender. the members of parliament shall elect, by secret ballot, the first deputy speaker from a list of three names, selected by the political parties represented in the national assembly, from among persons who are qualified to be elected as members of parliament but are not members of parliament. the members of parliament shall elect, by secret ballot, the second deputy speaker from among their number. the members of parliament shall elect a speaker and the deputy speakers— when the national assembly first sits after a general election; and if the office of speaker or deputy speaker becomes vacant. the office of speaker or deputy speaker shall become vacant if the speaker or deputy speaker— becomes disqualified under article 70 (2); resigns by notice, in writing, to the president; is removed from office in accordance with article 83; or dies. when the office of speaker or deputy speaker becomes vacant, business shall not be transacted in the national assembly, other than an election to the office of speaker or deputy speaker. article 83. removal of speaker on specified grounds a member of parliament, supported by at least one-third of the members of parliament, may move a motion for the removal of the speaker or a deputy speaker, alleging that the speaker or deputy speaker has— violated this constitution; a mental or physical disability that makes the speaker or deputy speaker incapable of performing the functions of the office of speaker or deputy speaker; or committed gross misconduct. the motion shall specify the particulars of the allegation. where a motion is supported by a resolution of two-thirds of the members of parliament, the speaker or deputy speaker shall be suspended from office and the national assembly shall refer the matter to a parliamentary committee. the parliamentary committee, to which the matter has been referred in accordance with clause (3), shall, within seven days of the reference— investigate the matter, and the speaker or deputy speaker has the right to appear, be heard and be represented before the parliamentary committee; and report to the national assembly whether or not the particulars of the allegations specified in the motion have been substantiated. where the parliamentary committee reports that the particulars of the allegation against the speaker or deputy speaker— are not substantiated, the national assembly shall, on a motion supported by the votes of not less than two-thirds of the members of parliament, taken by secret ballot, resolve that the speaker or deputy speaker— did not commit the violations specified in the motion; and be reinstated; or are substantiated, the national assembly shall, on a motion supported by the votes of not less than two-thirds of the members of parliament, taken by secret ballot, resolve that the speaker or deputy speaker has committed the violations specified in the motion and that the speaker or deputy speaker cease to hold office forthwith. where a resolution is made, in accordance with clause (5) (b), an election of speaker or deputy speaker shall be conducted within seven days of the resolution, in accordance with article 82. article 84. clerk of national assembly there shall be a clerk of the national assembly who shall be appointed by the parliamentary service commission, subject to ratification by the national assembly. a person shall not be appointed clerk of the national assembly unless that person has the academic qualifications, experience and skills prescribed. subject to clause (5), the clerk of the national assembly shall retire on attaining the age of sixty-five years. the clerk of the national assembly may retire, with full benefits, on attaining the age of sixty years. the national assembly may, by a resolution supported by the votes of not less than two-thirds of the members of parliament, remove the clerk of the national assembly on the same grounds and procedure that apply to the removal of a judge. the clerk of the national assembly may resign from office by three months’ notice, in writing, to the speaker. article 85. officers of national assembly there shall be appointed such officers in the department of the clerk of the national assembly, as prescribed. general parliamentary matters article 86. presidential address to national assembly and presidential messages the president shall, at least twice in every year, attend and address the national assembly. the president may, at any time during the term of parliament, send a message to the national assembly which shall be read by the leader of government business or by a minister designated by the president. article 87. vote of censure the national assembly may censure a minister or provincial minister where the members of parliament are dissatisfied with the conduct or performance of the minister or provincial minister. the proceedings to censure a minister or provincial minister shall be commenced by a notice of motion, submitted to the speaker, signed by at least one-third of the members of parliament, stating the grounds in support of the motion. the speaker shall, on receipt of the notice of motion submitted in accordance with clause (2), cause a copy of the notice of motion to be given to the minister or provincial minister. the notice of motion to censure a minister or provincial minister shall not be debated until after the expiry of seven days from the date the notice of motion is submitted to the speaker. the national assembly may pass a vote of censure on a minister or provincial minister by resolution supported by two-thirds of the votes of the members of parliament. article 88. right to petition and make comments a citizen may petition the national assembly to initiate the enactment, amendment or repeal of legislation. a citizen may comment on a deliberation, statement or decision of the national assembly. the manner of petitioning and commenting referred to in this article shall be prescribed. article 89. public access and participation the national assembly shall facilitate public involvement in the legislative process. the national assembly or a parliamentary committee shall not exclude the public or media from its sittings, unless there are justifiable reasons for the exclusion and the speaker informs the public or media of the reasons. part vii. executive executive authority article 90. principles of executive authority the executive authority derives from the people of zambia and shall be exercised in a manner compatible with the principles of social justice and for the people’s well-being and benefit. article 91. presidency and vesting of executive authority there shall be a president of the republic who shall be the head of state and government and commander-in-chief of the defence force. the executive authority of the state vests in the president and, subject to this constitution, shall be exercised directly by the president or through public officers or other persons appointed by the president. the president shall, in exercise of the executive authority of the state— respect, uphold and safeguard this constitution; safeguard the sovereignty of the republic; promote democracy and enhance the unity of the nation; respect the diversity of the different communities of zambia; promote and protect the rights and freedoms of a person; and uphold the rule of law. article 92. executive functions of president the president shall perform, with dignity, leadership and integrity, the acts that are necessary and expedient for, or reasonably incidental to, the exercise of the executive authority. without limiting the other provisions of this constitution, the president shall— appoint ambassadors, high commissioners, plenipotentiaries, diplomatic representatives and consuls; receive and accredit foreign ambassadors, high commissioners, plenipotentiaries, diplomatic representatives, consuls and heads of international organisations; negotiate and sign international agreements and treaties and, subject to the approval of the national assembly, ratify or accede to international agreements and treaties; establish, merge and dissolve government ministries, subject to the approval of the national assembly; appoint persons as are required by this constitution or any other law to be appointed by the president; appoint persons as are required to perform special duties for the executive; confer honours; sign and promulgate proclamations as specified in this constitution or as prescribed; initiate bills for submission to, and consideration by, the national assembly; and perform other functions specified by this constitution or as prescribed. article 93. confirmation of presidential decisions and instructions a decision or instruction of the president shall be in writing under the president’s signature. the signature of the president on an instrument shall be under public seal. article 94. approval of appointments and measures by national assembly where the performance of an executive function is expressed by this constitution to be subject to approval by the national assembly, the national assembly shall, in the sitting next after receipt of the request for approval, give the approval within twenty-one days of the commencement of the sitting. where an approval is not given within the period specified in clause (1) or the national assembly unreasonably refuses to give an approval as requested, the president shall refer the matter to the constitutional court for hearing and the decision of the constitutional court is final. where the constitutional court decides that the refusal or delay by the national assembly was justified, the president shall comply with the order of the court. where the constitutional court decides that the refusal or delay by the national assembly was unreasonable, the national assembly shall proceed to approve the matter. article 95. ratification of appointments and measures by national assembly where in this constitution an appointment to an office or the taking of a measure by the president is subject to ratification by the national assembly, the national assembly shall, in the sitting next after receipt of the request for ratification, give its ratification within twenty-one days of the commencement of the sitting. where ratification is not given within the period specified in clause (1), the president shall propose another measure or appoint another person to that office and submit that measure or appointment for ratification by the national assembly. where the national assembly refuses or delays the ratification for the second time, the president shall propose another measure or appoint another person to that office and shall submit that measure or appointment for ratification by the national assembly. where the national assembly refuses or delays the ratification of the measure or appointment for the third time, that measure or appointment shall take effect. article 96. advisory committee on prerogative of mercy there shall be an advisory committee on the prerogative of mercy which shall consist of persons appointed by the president. the advisory committee shall advise the president on an action or a decision to be taken in relation to a person convicted of an offence by a court or court-martial. a member of the advisory committee shall hold office at the pleasure of the president. the president may preside at a meeting of the advisory committee. the advisory committee shall determine its own procedure for meetings. article 97. prerogative of mercy the president may, on the advice of the advisory committee— conditionally or unconditionally, pardon a person convicted of an offence; substitute a less severe form of punishment imposed on a person by a court; or remit the whole or part of a fine, penalty or forfeiture. a person who is sentenced to death may request the president, either directly or through a representative, for a pardon or commutation of the sentence. article 98. protection of president from legal proceedings a person shall not institute or continue civil proceedings against the president or a person performing executive functions, as provided in article 109, in respect of anything done or omitted to be done by the president or that person in their private capacity during the tenure of office as president. the president shall not, in the president’s private capacity during the tenure of office as president, institute or continue civil proceedings against a person. for purposes of clauses (1) and (2), where a law limits the time within which proceedings may be brought against a person, the term of office shall not be taken into account in calculating the period of time. subject to clause (9), the president or a person performing executive functions, as provided in article 109, is immune from criminal proceedings which immunity continues after that person ceases to hold or perform the functions of that office. where there is prima facie evidence that a person who held the office of president or who performed executive functions committed an offence whilst in office or during the period that person performed executive functions, the president shall submit a report, outlining the grounds relating to the offence allegedly committed, to the national assembly, requesting the national assembly to remove the immunity from criminal proceedings of that person. where the national assembly receives a report, submitted in accordance with clause (5), the national assembly shall constitute a select committee to scrutinise the grounds submitted and determine whether or not there is a prima facie case, based on the grounds submitted, that warrants the removal of the immunity from criminal proceedings, and recommend its decision to the national assembly. the person who held the office of president or who performed executive functions has the right to appear, be represented and be heard before the select committee constituted under clause (6). where the select committee, constituted under clause (6), recommends the removal of immunity from criminal proceedings from the person who held the office of president or who performed executive functions, the national assembly may remove the immunity in respect of the alleged offence, by a resolution supported by a vote of not less than two-thirds of the members of parliament. where immunity is removed, in accordance with clause (8), the person who held the office of president or who performed executive functions, shall be charged with the offence for which the immunity from criminal proceedings was removed. where a court acquits the person who held the office of president or who performed executive functions, of an offence for which that person’s immunity from criminal proceedings was removed, the immunity of that person shall, for all purposes, be deemed not to have been removed, without further proceedings. the process for the removal of immunity, provided for under this article, shall not apply to an impeachable offence under article 108. election of president article 99. returning officer for presidential elections the chairperson of the electoral commission shall be the returning officer in an election to the office of president. article 100. qualifications and disqualifications for nomination as presidential candidate a person qualifies to be nominated as a candidate for election as president if that person— is a citizen by birth or descent; has been ordinarily resident in zambia; is at least thirty-five years old; is a registered voter; has obtained, as a minimum academic qualification, a grade twelve certificate or its equivalent; is fluent in the official language; has paid that person’s taxes or has made arrangements, satisfactory to the appropriate tax authority, for the payment of the taxes; declares that person’s assets and liabilities, as prescribed; pays the prescribed election fee on, or before, the date fixed for the delivery of nomination papers; and is supported by at least one hundred registered voters from each province. a person is disqualified from being nominated as a candidate for election as president if that person— is a public officer; has dual citizenship; is holding or acting in a constitutional office or other public office; is a judge or judicial officer; was removed from public office on grounds of gross misconduct in the immediate preceding five years; has a mental or physical disability that would make the person incapable of performing the executive functions; is an undischarged bankrupt; is serving a sentence of imprisonment; or has, in the immediate preceding five years, served a term of imprisonment of at least three years. article 101. election of president a president shall be elected by registered voters in accordance with article 47 (1) and this article. the returning officer shall declare the presidential candidate who receives more than fifty percent of the valid votes cast during the election as president-elect. if at the initial ballot a presidential candidate does not receive more than fifty percent of the valid votes cast, a second ballot shall be held within thirty-seven days of the initial ballot, where the only candidates shall be the presidential candidates who obtained— the highest and second highest number of valid votes cast in the initial ballot; or an equal number of the valid votes cast in the initial ballot, being the highest votes amongst the presidential candidates that stood for election to the office of president. a person may within seven days of the declaration made under clause (2), petition the constitutional court to nullify the election of a presidential candidate who took part in the initial ballot on the ground that— the person was not validly elected; or a provision of this constitution or other law relating to presidential elections was not complied with. the constitutional court shall hear an election petition filed in accordance with clause (4) within fourteen days of the filing of the petition. the constitutional court may, after hearing an election petition— declare the election of the presidential candidate valid; nullify the election of the presidential candidate; or disqualify the presidential candidate from being a candidate in the second ballot. a decision of the constitutional court made in accordance with clause (6) is final. the presidential candidate who obtains the majority of the valid votes cast in the second ballot shall be declared president-elect. article 102. disqualification for run-off if a presidential candidate— resigns for a reason other than health; becomes disqualified as specified in article 100; or is disqualified by a decision of the constitutional court in accordance with article 101; the presidential candidate shall not take part in the second ballot and the candidate who scored the third highest number of valid votes cast in the initial ballot shall be a presidential candidate in the second ballot, together with the remaining presidential candidate that had initially qualified for the second ballot. if a presidential candidate— dies; or resigns due to ill-health; before the taking of a second ballot, the running mate to that presidential candidate in the initial ballot shall assume the place of that presidential candidate. the presidential candidate who assumed the place of the previous presidential candidate in accordance with clause (2) shall appoint a running mate. where both presidential candidates— resign; become disqualified under article 100; become disqualified by a decision of the constitutional court under article 101; or die; before the taking of the second ballot, fresh nominations shall be filed with the electoral commission, as prescribed. article 103. election petition a person may, within seven days of the declaration of a president-elect, petition the constitutional court to nullify the election of the president-elect on the ground that— the person was not validly elected; or a provision of this constitution or other law relating to presidential elections was not complied with. the constitutional court shall hear an election petition relating to the president-elect within fourteen days of the filing of the petition. the constitutional court may, after hearing an election petition— declare the election of the president-elect valid; or nullify the election of the president-elect and vicepresident-elect. a decision of the constitutional court under clause (3) is final. where the election of the president-elect and vice-president-elect is nullified by the constitutional court, a presidential election shall be held within thirty days from the date of the nullification. article 104. transition period before assuming office the president-elect shall be sworn into office and assume office in accordance with article 105. subject to clauses (3) and (4), where the returning officer declares a presidential candidate as president-elect, the incumbent shall continue to perform the executive functions until the president-elect assumes office, except the power to— make an appointment; or dissolve the national assembly. where an election petition is filed against the incumbent, under article 103 (1), or an election is nullified, under article 103(3) (b), the speaker shall perform the executive functions, except the power to— make an appointment; or dissolve the national assembly. subject to article 105 and except where the incumbent is the president-elect, the incumbent president shall, on the assumption of office by the president-elect, begin and complete the procedural and administrative handing over of the executive functions, to the president-elect, within fourteen days from the day the president-elect assumes office. assumption of office tenure of office and vacancy article 105. assumption of office the president-elect shall assume office after being sworn in by the chief justice or, in the absence of the chief justice, the deputy chief justice. the president-elect shall be sworn into office on the tuesday following— the seventh day after the date of the declaration of the presidential election results, if no petition has been filed in accordance with article 103; or the seventh day after the date on which the constitutional court declares the election to be valid. subject to clause (4), where the president-elect dies, resigns or is for a reason unable to assume office, the vice-president-elect shall be sworn into, and assume the office of president, in accordance with clause (1). subject to clause (5), where the inability of the president-elect to assume office is as a result of an event or circumstance beyond the control of the president-elect, the vice-president-elect shall not be sworn into office. a political party whose presidential candidate was declared president-elect or another person shall, within three days from the date on which the president-elect should have been sworn into office, petition the constitutional court to determine whether or not the inability of the president-elect to assume office is permanent. where the constitutional court decides that the inability of the president-elect to assume office is permanent, the vice-president-elect shall be sworn into office as president and assume office in accordance with clause (1). the vice-president-elect who assumes office as president, in accordance with clause (3) or (6), shall appoint a person as vice-president, subject to approval by the national assembly, signified by a vote of not less than two-thirds of the members of parliament. where the vice-president elect who is supposed to assume the office of president as specified in clause (3) or (6) dies, resigns or is for another reason unable to assume the office of president— the speaker shall perform the executive functions; and a presidential election shall be held within sixty days of the occurrence of the vacancy. the speaker shall, perform the executive functions assumed in accordance with clause (8) except the power to make an appointment or dissolve the national assembly. the speaker shall, when the president-elect assumes office, complete the procedural and administrative handing over process within thirty days. article 106. tenure of office of president and vacancy the term of office for a president is five years which shall run concurrently with the term of parliament, except that the term of office of president shall expire when the president-elect assumes office in accordance with article 105. a president shall hold office from the date the president-elect is sworn into office and ending on the date the next president-elect is sworn into office. a person who has twice held office as president is not eligible for election as president. the office of president becomes vacant if the president— dies; resigns by notice in writing to the speaker of the national assembly; or otherwise ceases to hold office under article 81,107 or 108. when a vacancy occurs in the office of president, except under article 81— the vice-president shall immediately assume the office of president; or if the vice-president is unable for a reason to assume the office of president, the speaker shall perform the executive functions, except the power to— make an appointment; or dissolve the national assembly; and a presidential election shall be held within sixty days after the occurrence of the vacancy. if the vice-president assumes the office of president, in accordance with clause (5)(a), or a person is elected to the office of president as a result of an election held in accordance with clause 5(b), the vice-president or the president-elect shall serve for the unexpired term of office and be deemed, for the purposes of clause (3)— to have served a full term as president if, at the date on which the president assumed office, at least three years remain before the date of the next general election; or not to have served a term of office as president if, at the date on which the president assumed office, less than three years remain before the date of the next general election. article 107. removal of president on grounds of incapacity a member of parliament, supported by at least one-third of the members of parliament, may move a motion for the investigation of the physical or mental capacity of the president to perform executive functions. the motion moved in accordance with clause (1) shall specify the particulars of the allegation. where the motion is supported in the national assembly by a resolution of two-thirds of the members of parliament— the speaker shall, within forty-eight hours of the adoption of the resolution, inform the chief justice of the resolution; and the chief justice shall immediately inform the president of the resolution, whereupon the president shall cease to perform the executive functions and the vice-president shall perform the executive functions, except the power to— make an appointment; or dissolve the national assembly. the chief justice shall, within seven days of being informed of the resolution of the national assembly, constitute a medical board, in consultation with the body responsible for regulating health practitioners, to inquire into the physical or mental capacity of the president. a medical board shall consist of not less than three persons selected from among persons who are registered as health practitioners. a medical board, constituted under clause (5), shall examine the president and report to the chief justice, within fourteen days of the constitution of the medical board, whether or not the president is capable of performing the executive functions. where the medical board reports that the president is capable of performing the executive functions, the chief justice shall, within forty-eight hours of the receipt of the medical report, cause a copy of the report to be presented to the national assembly which shall resolve that the president should resume performing the executive functions. where the medical board reports that the president is not capable of performing the executive functions, the chief justice shall, within forty-eight hours of the receipt of the medical report, cause a copy of the report to be presented to the national assembly which shall resolve that the president should cease to hold office and the vice-president shall assume the office of president in accordance with article 106 (5). this article applies to the vice-president. article 108. impeachment of president a member of parliament, supported by at least one-third of the members of parliament, may move a motion for the impeachment of the president alleging that the president has committed— a violation of a provision of this constitution or other law; a crime under international law; or gross misconduct. the motion, moved in accordance with clause (1), shall specify the particulars of the allegation. where a motion, moved in accordance with clause (1), is supported, in the national assembly, by a resolution of two-thirds of the members of parliament— the speaker shall, within forty-eight hours of the adoption of the resolution, inform the chief justice of the resolution; and the chief justice shall immediately inform the president of the resolution, whereupon the president shall cease to perform the executive functions and the vice-president shall perform the executive functions, except the power to— make an appointment; or dissolve the national assembly. the chief justice shall, within seven days of being informed of the resolution of the national assembly, appoint a tribunal, in consultation with the judicial service commission, which shall consist of a chairperson and not less than two other members from among persons who hold, have held or qualify to hold, the office of judge. the tribunal appointed under clause (4) shall, within thirty days of its appointment— investigate the matter relating to the impeachment of the president; and report to the chief justice as to whether or not the particulars of the allegations specified in the motion have been substantiated. the president has the right to appear and be represented before the tribunal during its investigation. the chief justice shall, on receipt of the report referred to in clause (5) (b), immediately submit the report to the national assembly. where the tribunal reports that the particulars of an allegation against the president— is not substantiated, the national assembly shall, on a motion supported by the votes of not less than two-thirds of the members of parliament, taken by secret ballot, resolve that— the president did not commit the violations specified in the motion; and further proceedings shall not be taken with respect to the allegation; or is substantiated, the national assembly shall, on a motion supported by the votes of not less than two-thirds of the members of parliament, taken by secret ballot, resolve that the president has committed the violations specified in the motion and that the president should cease to hold office forthwith. the president shall, on the passing of a resolution in accordance with— clause (7) (a), resume to perform the executive functions; or clause (7) (b), cease to hold office and be amenable to prosecution without the need to lift the immunity under article 98. where a motion is moved in accordance with clause (1), the president shall not dissolve parliament. this article applies to the vice-president. article 109. performance of executive functions during absence of president if the president leaves zambia or is absent from office, the vice-president shall perform the executive functions specified, in writing, by the president until the president returns to office or revokes the authority. where the vice-president is incapable of performing the executive functions, as specified under clause (1), the president shall appoint a member of the cabinet to perform the executive functions until the— vice-president is able to perform those functions; president returns to office; or president revokes the authority. where the president is unable to appoint a member of cabinet to perform the executive functions, in accordance with clause (2), cabinet may elect one of its members to perform the executive functions until the— vice-president is able to perform those functions; president returns to office; or president revokes the authority. vice-president article 110. vice-president, election to office and swearing in there shall be a vice-president for the republic who shall be the running mate to a presidential candidate in a presidential election. the qualifications and disqualifications applying to a presidential candidate apply to the person selected by the presidential candidate to be the running mate. an election to the office of vice-president shall be conducted at the same time as that of an election to the office of president so that a vote cast for a presidential candidate is a vote cast for the running mate, and if the presidential candidate is elected, the running mate shall be considered to have been elected. a vice-president-elect shall be sworn into office by the chief justice or, in the absence of the chief justice, the deputy chief justice. the vice-president shall assume office on the same day that the president assumes office. article 111. tenure of office fo vice-president and vacancy the term of office for a vice-president is five years. a vice-president shall hold office from the date the vice-president-elect is sworn into office and ending on the date the next president-elect is sworn into office. a person who has twice held the office of vice-president shall not be selected as a running mate. the office of vice-president becomes vacant if the vice-president— dies; resigns by notice in writing to the president; otherwise ceases to hold office under article 81,107 or 108; or assumes the office of president. where a vacancy occurs in the office of vice-president, except as provided under article 81, the president shall appoint another person to be vice-president and the national assembly shall, by a resolution supported by the votes of not less than two-thirds of the members of parliament, approve the appointment of that person as vice-president. the person who assumes office as vice-president, in accordance with clause (5), shall serve for the unexpired term of office and be deemed for the purposes of clause (3)— to have served a full term as vice-president if, at the date on which the vice-president assumed office, more than three years remain before the date of the next general election; or not to have served a term of office as vice-president if, at the date on which the vice-president assumed office, less than three years remain before the date of the next general elections. article 112. functions of vice-president the vice-president shall be answerable to the president in the performance of the functions of vice-president. the vice-president shall— perform the functions that are assigned to the vice-president by the president; perform the executive functions during the periods specified in this constitution; and assume the office of president as specified in article 106 (5). cabinet ministers article 113. cabinet there shall be a cabinet consisting of the— president; vice-president; ministers; and attorney-general, as ex-officio member. article 114. functions of cabinet the functions of cabinet are as follows: approve and cause to be implemented government policy; approve government bills for introduction to the national assembly; approve and cause the national budget to be presented to the national assembly; recommend the accession and ratification of international agreements and treaties to the national assembly; recommend, for approval of the national assembly— loans to be contracted by the state; and guarantees on loans contracted by state institutions or other institutions; and advise the president on matters relating to the performance of executive functions. cabinet shall take collective responsibility for cabinet decisions. article 115. proceedings of cabinet meetings subject to this article, cabinet shall regulate its own procedure. cabinet shall meet at least once in every month to perform its functions as specified in article 114. the secretary to the cabinet shall, in consultation with the president, call for meetings of cabinet. there shall preside at meetings of cabinet— the president; in the absence of the president, the vice-president; or in the absence of the vice-president, a member of cabinet appointed by the president. where the president is unable to appoint a member of cabinet to preside at a meeting of cabinet, the members of cabinet present at the meeting may elect one of the members to preside. the president may, in consultation with the secretary to the cabinet, invite a person whose presence is desirable to attend and participate in the deliberations of a meeting of cabinet but that person shall have no vote. article 116. ministers the president shall appoint a prescribed number of members of parliament as ministers. a minister shall be responsible, under the direction of the president, for the policy and strategic direction of a ministry, department or other state institution, as assigned by the president. the office of minister becomes vacant if— the minister is removed from office by the president; the minister resigns, by notice in writing to the president; in the case of a nominated member of parliament, the nomination is revoked; the minister dies; another person assumes the office of president; or the minister has a mental or physical disability that makes the minister incapable of performing the functions of that office. article 117. provincial minister the president shall appoint a provincial minister for each province from among members of parliament. the office of provincial minister becomes vacant if— the provincial minister is removed from office by the president; the provincial minister resigns, by notice in writing to the president; the provincial minister dies; another person assumes the office of president; the provincial minister has a mental or physical disability that makes the provincial minister incapable of performing the functions of that office; or in the case of a nominated member of parliament, the nomination is revoked. a provincial minister shall— be the head of government in the province; ensure that national policies are implemented in all districts in the province; and ensure that the concurrent functions of the province and the exclusive functions of the local authorities are performed in accordance with this constitution and other laws. part viii. judiciary judicial authority system of courts and independence article 118. principles of judicial authority the judicial authority of the republic derives from the people of zambia and shall be exercised in a just manner and such exercise shall promote accountability. in exercising judicial authority, the courts shall be guided by the following principles: justice shall be done to all, without discrimination; justice shall not be delayed; adequate compensation shall be awarded, where payable; alternative forms of dispute resolution, including traditional dispute resolution mechanisms, shall be promoted, subject to clause (3); justice shall be administered without undue regard to procedural technicalities; and the values and principles of this constitution shall be protected and promoted. traditional dispute resolution mechanisms shall not— contravene the bill of rights; be inconsistent with other provisions of this constitution or other written law; or be repugnant to justice and morality. article 119. vesting of judicial authority and performance of judicial function judicial authority vests in the courts and shall be exercised by the courts in accordance with this constitution and other laws. the courts shall perform the following judicial functions: hear civil and criminal matters; and hear matters relating to, and in respect of, this constitution. except as otherwise provided in this constitution, other law or as ordered by a court, the proceedings of a court shall be in public. article 120. system of court the judiciary shall consist of the superior courts and the following courts: subordinate courts; small claims courts; local courts; and courts, as prescribed. the courts shall be courts of record, except that local courts shall progressively become courts of record. the following matters shall be prescribed: processes and procedures of the courts; jurisdiction, powers and sittings, of the industrial relations court, commercial court, family court, children’s court and other specialised courts; classification and divisions of the subordinate courts; classification and divisions of the local courts; jurisdiction and composition of subordinate courts, small claims courts, local courts and other prescribed courts; and grading of judicial officers and staff of subordinate courts, local courts and other prescribed courts. the courts, except the supreme court and the constitutional court, shall be devolved to the province and progressively to districts. superior courts shall sit as circuit courts in districts, in accordance with a circuit schedule issued by the chief justice. article 121. ranking of supreme and constitutional courts the supreme court and constitutional court rank equivalently. article 122. functional independence of judiciary in the exercise of the judicial authority, the judiciary shall be subject only to this constitution and the law and not be subject to the control or direction of a person or an authority. a person and a person holding a public office shall not interfere with the performance of a judicial function by a judge or judicial officer. the judiciary shall not, in the performance of its administrative functions and management of its financial affairs, be subject to the control or direction of a person or an authority. a person and a person holding a public office shall protect the independence, dignity and effectiveness of the judiciary. the office of a judge or judicial officer shall not be abolished while there is a substantive holder of the office. article 123. financial independence of judiciary the judiciary shall be a self-accounting institution and shall deal directly with the ministry responsible for finance in matters relating to its finances. the judiciary shall be adequately funded in a financial year to enable it effectively carry out its functions. establishment jurisdiction and sittings of superior courts article 124. establishment and composition of supreme court there is established the supreme court which consists of— the chief justice; the deputy chief justice; and eleven other judges or a higher number of judges, as prescribed. article 125. jurisdiction of supreme court subject to article 128, the supreme court is the final court of appeal. the supreme court has— appellate jurisdiction to hear appeals from the court of appeal; and jurisdiction conferred on it by other laws. the supreme court is bound by its decisions, except in the interest of justice and development of jurisprudence. article 126. sittings of supreme court the supreme court shall be constituted by an uneven number of not less than three judges, except when hearing an interlocutory matter. the supreme court shall be constituted by one judge when hearing an interlocutory matter. the full bench of the supreme court shall be constituted by an uneven number of not less than five judges. the supreme court shall be presided over by— the chief justice; in the absence of the chief justice, the deputy chief justice; and in the absence of the deputy chief justice, the most senior judge of the supreme court, as constituted. article 127. establishment and composition of constitutional court there is established the constitutional court which consists of— the president of the constitutional court; the deputy president of the constitutional court; and eleven other judges or a higher number of judges, as prescribed. article 128. jurisdiction of constitutional court subject to article 28, the constitutional court has original and final jurisdiction to hear— a matter relating to the interpretation of this constitution; a matter relating to a violation or contravention of this constitution; a matter relating to the president, vice-president or an election of a president; appeals relating to election of members of parliament and councillors; and whether or not a matter falls within the jurisdiction of the constitutional court. subject to article 28 (2), where a question relating to this constitution arises in a court, the person presiding in that court shall refer the question to the constitutional court. subject to article 28, a person who alleges that— an act of parliament or statutory instrument; an action, measure or decision taken under law; or an act, omission, measure or decision by a person or an authority; contravenes this constitution, may petition the constitutional court for redress. a decision of the constitutional court is not appealable to the supreme court. article 129. sittings of constitutional court the constitutional court shall be constituted by an uneven number of not less than three judges, except when hearing an interlocutory matter. the constitutional court shall be constituted by one judge when hearing an interlocutory matter. the full bench of the constitutional court shall be constituted by an uneven number of not less than five judges. the constitutional court shall be presided over by— the president of the constitutional court; in the absence of the president of the constitutional court, the deputy-president of the constitutional court; and in the absence of the deputy-president of the constitutional court, the most senior judge of the constitutional court, as constituted. article 130. establishment and composition of court of appeal there is established the court of appeal which consists of such number of judges as prescribed. article 131. jurisdiction of court of appeal the court of appeal has jurisdiction to hear appeals from— the high court; other courts, except for matters under the exclusive jurisdiction of the constitutional court; and quasi-judicial bodies, except a local government elections tribunal. an appeal from a decision of the court of appeal shall be made to the supreme court with leave of the court of appeal. article 132. sittings of court of appeal the court of appeal shall be constituted by an uneven number of not less than three judges, except when hearing an appeal in an interlocutory matter. the court of appeal shall be constituted by one judge when hearing an interlocutory matter. article 133. establishment and composition of high court there is established the high court which consists of— the chief justice, as an ex-officio judge; and such number of judges as prescribed. there are established, as divisions of the high court, the industrial relations court, commercial court, family court and children’s court. the chief justice may constitute, by statutory instrument, specialised courts of the high court to hear specific matters. the composition of courts specified in clauses (2) and (3) shall be prescribed. article 134. jurisdiction of high court the high court has, subject to article 128— unlimited and original jurisdiction in civil and criminal matters; appellate and supervisory jurisdiction, as prescribed; and jurisdiction to review decisions, as prescribed. article 135. sittings of high court the high court shall be constituted by one judge or such other number of judges as the chief justice may determine. chief justice and other judges article 136. chief justice there shall be a chief justice who is the head of the judiciary. the chief justice shall— be responsible for the administration of the judiciary; ensure that a judge and judicial officer perform the judicial function with dignity, propriety and integrity; establish procedures to ensure that a judge and judicial officer independently exercise judicial authority in accordance with the law; ensure that a judge and judicial officer perform the judicial function without fear, favour or bias; and make rules and give directions necessary for the efficient and effective administration of the judiciary. article 137. deputy chief justice there shall be a deputy chief justice who shall— perform the functions of the chief justice, when the chief justice is absent or there is a vacancy in the office of chief justice; assist the chief justice in the administration of the judiciary; and perform the functions assigned by the chief justice. the president shall, in consultation with the judicial service commission, designate a judge of the supreme court to perform the functions of the deputy chief justice where— the office of the deputy chief justice is vacant; the deputy chief justice is acting as chief justice; or the deputy chief justice is for a reason unable to perform the functions of that office. article 138. president of constitutional court there shall be a president of the constitutional court who is the head of the constitutional court. the president of the constitutional court shall be responsible for the administration of the constitutional court under the direction of the chief justice. article 139. deputy of president of constitutional court there shall be a deputy president of the constitutional court who shall— perform the functions of the president of the constitutional court, when the president of the constitutional court is absent or there is a vacancy in the office of president of the constitutional court; assist the president of the constitutional court in the administration of the constitutional court; and perform the functions assigned by the president of the constitutional court. the president shall, in consultation with the judicial service commission, designate a judge of the constitutional court to perform the functions of the deputy president of the constitutional court where— the office of the deputy president of the constitutional court is vacant; the deputy president of the constitutional court is acting as president of the constitutional court; or the deputy president of the constitutional court is for a reason unable to perform the functions of that office. article 140. appointment of judges the president shall, on the recommendation of the judicial service commission and subject to ratification by the national assembly, appoint the— chief justice; deputy chief justice; president of the constitutional court; deputy president of the constitutional court; and other judges. article 141. qualification for appointment as judge a person qualifies for appointment as a judge if that person is of proven integrity and has been a legal practitioner, in the case of the— supreme court, for at least fifteen years; constitutional court, for at least fifteen years and has specialised training or experience in human rights or constitutional law; court of appeal, for at least twelve years; or high court, for at least ten years. a person appointed as judge to a specialised court shall have the relevant expertise, as prescribed. article 142. tenure of office of judge a judge shall retire from office on attaining the age of seventy years. a judge may retire, with full benefits, on attaining the age of sixty-five years. the chief justice and president of the constitutional court shall hold office for not more than ten years and may, thereafter, continue as a judge of the supreme court or constitutional court, subject to clause (1). a judge who has retired is not eligible for appointment as a judge. a judge may resign from the office of judge by notice, in writing, to the president. where a judge is appointed or assigned to an office, which is not an office in the judiciary and that judge wishes to take up the appointment, the judge shall resign from the office of judge. article 143. removal of judge from office a judge shall be removed from office on the following grounds: a mental or physical disability that makes the judge incapable of performing judicial functions; incompetence; gross misconduct; or bankruptcy. article 144. procedure for removal of judge the removal of a judge may be initiated by the judicial complaints commission or by a complaint made to the judicial complaints commission, based on the grounds specified in article 143. the judicial complaints commission shall, where it decides that a prima facie case has been established against a judge, submit a report to the president. the president shall, within seven days from the date of receiving the report, submitted in accordance with clause (2), suspend the judge from office and inform the judicial complaints commission of the suspension. the judicial complaints commission shall, within thirty days of the judge being suspended from office, in accordance with clause (3)— hear the matter against the judge on the grounds specified in article 143 (b), (c) and (d); or constitute a medical board, in consultation with the body responsible for regulating health practitioners, to inquire into the matter against the judge based on the ground specified in article 143(a). where the judicial complaints commission decides that an allegation based on a ground specified in article 143(b), (c) and (d) is— not substantiated, the judicial complaints commission shall recommend, to the president, the revocation of the judge’s suspension and the president shall immediately revoke the suspension; or substantiated, the judicial complaints commission shall recommend, to the president, the removal of the judge from office and the president shall immediately remove the judge from office. the proceedings under clause (4) (a) shall be held in camera and the judge is entitled to appear, be heard and be represented by a legal practitioner or other person chosen by the judge. the medical board, constituted in accordance with clause (4)(b), shall consist of not less than three registered health practitioners. the medical board shall, within thirty days of being constituted, examine the judge and report to the judicial complaints commission on the judge’s capacity to perform the judicial functions. where the medical board recommends to the judicial complaints commission that the judge is— physically or mentally capable of performing the judicial functions, the judicial complaints commission shall recommend to the president the revocation of the judge’s suspension and the president shall immediately revoke the suspension; or not physically or mentally capable of performing the judicial functions, the judicial complaints commission shall recommend to the president the removal of the judge from office and the president shall immediately remove the judge from office. a judge who refuses to submit to an examination, in accordance with clause (8), shall immediately be removed from office by the president. judicial officers and chief administrator article 145. appointment and retirement of judicial officers the judicial service commission shall appoint judicial officers, as prescribed. the qualification for appointment as judicial officer shall be prescribed. a judicial officer shall retire on attaining the age of sixty-five years. a judicial officer may retire, with full benefits, on attaining the age of fifty-five years. article 146. chief administrator of judiciary there shall be a chief administrator for the judiciary who shall be appointed by the judicial service commission. the functions and qualifications of the chief administrator for the judiciary shall be prescribed. part ix. general principles of devolved governance system of devolved governance article 147. system of devolved governance the management and administration of the political, social, legal and economic affairs of the state shall be devolved from the national government level to the local government level. the concurrent and exclusive functions of the national, provincial and local government levels are as listed in the annex and as prescribed. the different levels of government shall observe and adhere to the following principles: good governance, through democratic, effective and coherent governance systems and institutions; respect for the constitutional jurisdiction of each level of government; autonomy of the sub-structures; and equitable distribution and application of national resources to the sub-structures. article 148. sub-structures of local government local governance shall be undertaken through sub-structures. the government shall provide adequate resources for the performance of the functions of the sub-structures. part x. provinces, districts, wards and provincial administration article 149. provinces, districts and wards the president may, subject to the approval of the national assembly, create or divide a province or merge two or more provinces, as prescribed. a province shall consist of such number of districts, as prescribed. a district shall consist of such number of wards, as prescribed. a province, district and ward shall be delimited, as prescribed. without prejudice to clause (1), sixty percent or more of the registered voters in a province may petition the president to— merge a province with another province; or divide a province into two or more provinces. where the president receives a petition under clause (5), and after due inquiry, the president may, by statutory order, declare the merger of the province with another province or the division of the province into two or more provinces, subject to ratification by the national assembly. where the national assembly ratifies the establishment of a new province under this article, the electoral commission shall delineate the boundaries of the province created. provincial administration article 150. provincial administration there shall be established for each province an administrative secretariat, which shall consist of— a provincial minister; a provincial permanent secretary; and other staff, as prescribed. the provincial secretariat shall have overall responsibility of the province and perform other functions as prescribed. part xi. local government system of local government article 151. system of local government there is established a local government system where— functions, responsibilities and resources from the national government and provincial administration are transferred to the local authorities in a co-ordinated manner; the people’s participation in democratic governance is promoted; co-operative governance with the national government, provincial administration and local authorities is promoted to support and enhance the developmental role of local government; the capacity of local authorities to initiate, plan, manage and execute policies in respect of matters that affect the people within their respective districts is enhanced; social, spatial, financial and economic planning, at the district level, is developed, prioritised and promoted; a sound financial base is established for each local authority with reliable and predictable sources of revenue; the performance of persons employed by the national government and provincial administration to provide services in the sub-structures is overseen by local authorities; the provision of government services is monitored and projects are implemented in sub-structures; accountability of local authorities is ensured; and the right of local authorities to manage their affairs and to form partnerships, networks and associations to assist in the management of their respective districts and further their development is recognised. the local government system shall— be based on democratically elected councils; promote democratic and accountable exercise of power; foster national unity; ensure that services are provided to sub-structures in an equitable and sustainable manner; promote social and economic development; promote a clean, safe and healthy environment; and encourage the involvement of communities and community organisations in matters of local government. article 152. local authorities a local authority shall— administer the district; oversee programmes and projects in the district; make by-laws; and perform other prescribed functions. the national government and the provincial administration shall not interfere with or compromise a local authority’s ability or right to perform its functions. there shall be a council for each local authority. there shall be a town clerk or council secretary for each local authority and other staff of the local authority, as prescribed. article 153. election of councillors, composition of councils and tenure a councillor shall be elected in accordance with article 47(3) by registered voters resident within the district. a council shall consist of the following councillors— persons elected in accordance with clause (1); a mayor or council chairperson elected in accordance with article 154; and not more than three chiefs representing chiefs in the district, elected by the chiefs in the district. the system of electing chiefs specified in clause (2) (b) shall be prescribed. a person qualifies to be elected as a councillor, excluding councillors specified under clause (2) (b), if that person— is not a member of parliament; is not less than nineteen years of age; has obtained, as a minimum academic qualification, a grade twelve certificate or its equivalent; is a citizen or a holder of a resident permit, resident in the district; and has a certificate of clearance showing the payment of council taxes, where applicable. a council may invite a person, whose presence is in its opinion desirable, to attend and to participate in the deliberations of the council but that person shall have no vote. the term of a council shall be five years commencing from the date the councillors are sworn into office after a general election and ending on the date parliament is dissolved. article 154. mayor, deputy mayor, council chairperson and deputy council chairperson there shall be a mayor and deputy mayor or council chairperson and deputy council chairperson for every council, as prescribed. a mayor and council chairperson shall be elected— directly, in accordance witharticle 47 (3) during elections for councillors, as prescribed; and for a term of five years and may be re-elected for one further term of five years. a deputy mayor and a deputy council chairperson shall be elected by the councillors from amongst themselves. article 155. conduct of councillor a councillor shall act in a manner that is consistent with a councillor’s civic duties and responsibilities, as prescribed. article 156. accountability of councillors councillors shall be collectively and individually accountable to the national government and residents in their wards and districts, for the performance of their functions. article 157. vacation of office of councillor and vacancies a councillor shall vacate office on dissolution of a council. the office of councillor becomes vacant if— the councillor ceases to be a resident of the district; the councillor resigns by one month’s notice, in writing, to the mayor or council chairperson; the councillor becomes disqualified for election under article 153; the result of an election for that councillor is nullified by a local government elections tribunal established in accordance with article 159; the councillor acts contrary to the code of ethics provided for in article 155; the councillor has a mental or physical disability that makes the councillor incapable of performing the functions of councillor; or the councillor dies. where a councillor resigns in accordance with clause (2) (b), (c), (d) and (e)the councillor shall not be eligible for re-election as councillor for the duration of the term of that council. article 158. by-election for council where a vacancy occurs in the office of mayor, council chairperson or councillor— the town clerk or council secretary of the local authority shall, within seven days of the occurrence of the vacancy, inform the electoral commission, in writing, of the vacancy; and a by-election shall be held in accordance with article 57. if a person is elected to the office of mayor, council chairperson or councillor in a by-election, that mayor, council chairperson or councillor shall serve for the unexpired term of the council and be deemed— to have served a full term as mayor, council chairperson or councillor if, at the date on which the councillor assumed office, at least three years remain before the date of the next general election; or not to have served a term of office as mayor, council chairperson or councillor, if, at the date on which the councillor assumed office, less than three years remain before the date of the next general election. article 159. local government elections tribunals and petitions the chief justice shall establish such number of ad hoc local government elections tribunals as are necessary to hear whether— a person has been validly elected as a councillor; or the office of a councillor has become vacant. a local government elections tribunal shall be presided over by a magistrate of competent jurisdiction sitting with two legal practitioners appointed by the chief justice. a person may file an election petition with a local government elections tribunal to challenge the election of a councillor. an election petition shall be heard within thirty days of the filing of the petition. a person may appeal a decision of a local government elections tribunal to the constitutional court. a councillor whose election is petitioned shall hold the seat in the council pending the determination of the election petition. the chief justice shall make rules for the functions, composition, appointment of members, tenure of office of members, procedures and jurisdiction of a local government elections tribunal. article 160. enforcement of judgment against local authority a person who obtains a judgment against a local authority may enforce the judgment against the local authority after one year from the date of the delivery of the judgment. article 161. revenue of local authorities a local authority is competent to levy, impose, recover and retain local taxes, as prescribed. article 162. constituency development fund there is established the constituency development fund. the appropriation of monies to the constituency development fund and the management, disbursement, utilisation and accountability of the constituency development fund shall be prescribed. article 163. local government equalisation fund and funds for local authorities there is established the local government equalisation fund. parliament shall annually appropriate monies to the local government equalisation fund which shall be disbursed by the ministry responsible for finance to local authorities. the government may provide additional funds and grants to a local authority, as prescribed. article 164. legislation on local authorities the following shall be prescribed: regulation of local authorities; sub-structures and their relationships; financial control and accountability of a local authority; raising of loans, grants and other financial instruments by local authorities; election of councillors; and the effective implementation of this part. part xii. chieftaincy and house of chiefs article 165. institution of chieftaincy and traditional institutions the institution of chieftaincy and traditional institutions are guaranteed and shall exist in accordance with the culture, customs and traditions of the people to whom they apply. parliament shall not enact legislation which— confers on a person or authority the right to recognise or withdraw the recognition of a chief; or derogates from the honour and dignity of the institution of chieftaincy. article 166. status of institution of chieftaincy the institution of chieftaincy— is a corporation sole with perpetual succession and capacity to sue and be sued; and has capacity to hold property in trust for its subjects. article 167. rights and privileges of chiefs a chief— may own property in a personal capacity; and shall enjoy privileges and benefits— bestowed on the office of chief by or under culture, custom and tradition; and attached to the office of chief, as prescribed. article 168. participation of chiefs in public affairs subject to clause (2), a chief may seek and hold a public office. a chief who seeks to hold office in a political party or election or appointment to a state office, except that of councillor, shall abdicate the chief’s throne. the role of a chief in the management, control and sharing of natural and other resources in the chiefdom shall be prescribed. article 169. house of chiefs and function there is established a house of chiefs. the house of chiefs shall consist of five chiefs from each province, elected by the chiefs in a province, as prescribed. the members of the house of chiefs shall annually elect a chairperson and vice-chairperson of the house of chiefs, from amongst themselves. notwithstanding clause (3), the assumption of office as chairperson and vice-chairperson of the house of chiefs shall rotate annually amongst the chiefs from each province. the functions of the house of chiefs are to — consider and discuss a bill relating to custom or tradition referred to it by the president, before the bill is introduced into the national assembly; initiate, discuss and make recommendations to the national assembly regarding socio-economic development in the province; initiate, discuss and decide on matters relating to customary law and practice; initiate, discuss and make recommendations to a local authority regarding the welfare of communities in a local authority; make proposals on areas in customary law that require codification; advise the government on traditional and customary matters; and perform other functions as prescribed. article 170. tenure of office and vacancy a member of the house of chiefs— shall hold office for a term of five years and is eligible for election for a further term of five years; and may resign by one month’s notice, in writing, to the chairperson. the office of a member of the house of chiefs becomes vacant if the chief— dies; ceases to be a chief; resigns; is convicted of an offence; is an undischarged bankrupt; or has a mental or physical disability that makes the chief incapable of performing the functions of a member of the house of chiefs. article 171. staff of house of chiefs there shall be a clerk of the house of chiefs and other staff, as prescribed. the office of the clerk of the house of chiefs and other staff of the house of chiefs are offices in the public service. article 172. legislation on house of chiefs the following matters shall be prescribed— the procedures and processes of the house of chiefs; the emoluments of the clerk and other staff of the house of chiefs; the application of the privileges and immunities of a member of parliament to a member of the house of chiefs; and other matters necessary for the better carrying out of the purposes of this part. part xiii. public service values and principles article 173. values and principles of public service the guiding values and principles of the public service include the following— maintenance and promotion of the highest standards of professional ethics and integrity; promotion of efficient, effective and economic use of national resources; effective, impartial, fair and equitable provision of public services; encouragement of people to participate in the process of policy making; prompt, efficient and timely response to people’s needs; commitment to the implementation of public policy and programmes; accountability for administrative acts; proactively providing the public with timely, accessible and accurate information; merit as the basis of appointment and promotion; adequate and equal opportunities for appointments, training and advancement of members of both gender and members of all ethnic groups; and representation of persons with disabilities in the composition of the public service at all levels. the values and principles specified in clause (1) apply to service— at national, provincial and local government levels; and to all state organs and state institutions. a public officer shall not be— victimised or discriminated against for having performed functions in good faith in accordance with this constitution or other law; or removed from office, reduced in rank or otherwise punished without just cause and due process. constituting offices for public service article 174. constituting offices for public service subject to the recommendations of the relevant service commission, the power to constitute offices for the public service and to abolish those offices vests in the president. the president shall not abolish an office in the public service while there is a substantive holder of the office. the president may, by statutory instrument, declare that an office constituted by the president shall not be an office in the public service. appointment to an office declared by the president not to be an office in the public service shall be made by the president. article 175. holding of office in public service for the purposes of this constitution, a person shall not be considered as holding an office in the public service by reason only that the person is in receipt of emoluments in respect of service under or for the government. constitutional office holders article 176. secretary to cabinet there shall be a secretary to the cabinet who shall be appointed by the president, in consultation with the civil service commission, subject to ratification by the national assembly. the secretary to the cabinet shall— be chief advisor to the president on the management of the public service; be the head of the public service and responsible to the president for securing the general efficiency and effectiveness of the public service; ensure that public services are delivered to the public efficiently; in accordance with instructions of the president— arrange the affairs of cabinet; attend meetings of cabinet; cause to be written and kept minutes of meetings of cabinet; and convey decisions made by cabinet to appropriate authorities; monitor the implementation of government policies and cabinet decisions; and perform other functions as prescribed. a person qualifies to be appointed as secretary to the cabinet if that person has or had at least ten years experience as a permanent secretary or equivalent rank. the term of office of the secretary to the cabinet shall be five years, subject to renewal for further terms. the secretary to the cabinet may resign from office by giving three months’ notice, in writing, to the president. article 177. attorney-general there shall be an attorney-general, who shall be appointed by the president, subject to ratification by the national assembly. the attorney-general shall not hold another public office. the attorney-general shall be a person qualified to be appointed as a judge. the attorney-general shall not be subject to the direction or control of a person or an authority in the performance of the attorney-general’s functions. the attorney-general is the chief legal adviser to the government and shall— be head of the attorney-general’s chambers; sign government bills to be presented to the national assembly; represent the government in civil proceedings to which government is a party; give advice on an agreement, treaty or convention to which government intends to become a party or in respect of which the government has an interest before they are concluded, except where the national assembly otherwise directs, and subject to conditions as prescribed; and perform other functions, as prescribed. the attorney-general’s chambers shall be devolved to the provinces and progressively to districts. article 178. vacancy in office of attorney-general the office of the attorney-general becomes vacant if— the attorney-general is removed from office by the president; another person assumes the office of president; the attorney-general dies; or the attorney-general has a mental or physical disability that makes the attorney-general incapable of performing the functions of that office. the attorney-general may resign from office by giving three months’ notice, in writing, to the president. article 179. solicitor-general there shall be a solicitor-general who shall be appointed by the president, subject to ratification by the national assembly. a person qualifies for appointment as solicitor-general if that person is qualified for appointment as a judge. the solicitor-general shall not hold another public office. the office of solicitor-general becomes vacant if— the solicitor-general is removed from office by the president; another person assumes the office of president; the solicitor-general dies; or the solicitor-general has a mental or physical disability that makes the solicitor-general incapable of performing the functions of that office. the solicitor-general shall assist the attorney-general in the performance of the attorneygeneral’s functions. a function conferred on the attorney-general by this constitution or other law shall be performed by the solicitor-general when the attorney-general is unable to act owing to illness or absence from office for a reason. the solicitor-general may resign from office by giving three months’ notice, in writing, to the president. article 180. director of public prosecutions there shall be a director of public prosecutions who shall be appointed by the president, subject to ratification by the national assembly. a person qualifies for appointment as director of public prosecutions if that person— has experience in undertaking criminal trials; and is qualified to be appointed as a judge. the director of public prosecutions is the chief prosecutor for the government and head of the national prosecutions authority. the director of public prosecutions may— institute and undertake criminal proceedings against a person before a court, other than a court-martial, for an offence alleged to have been committed by that person; take over and continue criminal proceedings instituted or undertaken by another person or authority; and discontinue, at any stage before judgment is delivered, criminal proceedings instituted or undertaken by the director of public prosecutions or another person or authority. for the purposes of clause (4), an appeal from a judgment, a case stated or to a question of law reserved shall be part of the criminal proceedings. the power conferred on the director of public prosecutions under clause (4)(c) shall not be exercised in relation to an appeal by a convicted person, a case stated or a question of law reserved at the instance of that person. the director of public prosecutions shall not be subject to the direction or control of a person or an authority in the performance of the functions of that office, except that the director of public prosecutions shall have regard to the public interest, administration of justice, the integrity of the judicial system and the need to prevent and avoid abuse of the legal process. the functions of the director of public prosecutions may be exercised in person or by a public officer or legal practitioner, authorised by the director of public prosecutions, acting under the general or special instructions of the director of public prosecutions. the national prosecutions authority shall be established as prescribed and shall devolve to the provinces and progressively to the districts. article 181. performance of functions of director of public prosecutions during absence, illness or other cause where the director of public prosecutions is absent from zambia or is unable to perform the functions of office due to illness or other cause, the president shall appoint a person qualified to perform the functions of director of public prosecutions to perform those functions until that appointment is revoked or until the director of public prosecutions returns to office. article 182. tenure of office of director of public prosecutions subject to this article, the director of public prosecutions shall retire from office on attaining the age of sixty years. the director of public prosecutions may retire, with full benefits, on attaining the age of fifty-five years. the director of public prosecutions may be removed from office on the same grounds and procedure as apply to a judge. the director of public prosecutions may resign from office by three months’ notice, in writing, to the president. article 183. secretary to treasury there shall be a secretary to the treasury who shall be appointed by the president, in consultation with the civil service commission, subject to ratification by the national assembly. the secretary to the treasury shall be the chief controlling officer of the government. the secretary to the treasury shall— be responsible and accountable for— the proper financial management and expenditure of public monies appropriated to a state organ, province, local authority, state institution or other prescribed body; and monies raised from sources within or outside zambia by a province, local authority, state institution or other prescribed body; oversee the formulation and implementation of the macro-economic frameworks and socio-economic plans of the republic; provide a regulatory framework for sound financial management; cause to be prepared annual estimates of revenue and expenditure, supplementary estimates of expenditure and the budget; and carry out other prescribed functions. a person qualifies to be appointed as secretary to the treasury if that person qualifies for appointment as governor of the bank of zambia. the term of office of the secretary to the treasury shall be five years, subject to renewal for further terms. the secretary to the treasury may resign from office by three months’ notice, in writing, to the president. article 184. permanent secretaries the president shall, on the advice of the civil service commission, appoint a permanent secretary for a province, ministry or department. a permanent secretary shall— carry out or cause to be carried out the portfolio functions of the provincial administration, ministry or department; advise the minister or provincial minister with respect to the activities, projects and programmes of the province, ministry or department; cause to be implemented the policies of the government and decisions of cabinet; be responsible and accountable for the proper financial management and expenditure of public monies appropriated to the province, ministry or department; and be responsible and accountable for the management of human resources in the provincial secretariat, ministry or department. public officers article 185. appointment of public officers the president has, in accordance with and subject to the other provisions of this constitution, the power to— appoint and confirm public officers; exercise disciplinary control over public officers; and terminate the employment of a public officer. the president’s functions, as specified in clause (1), shall be exercised by the relevant service commission as specified in this constitution and as prescribed. a person shall not be regarded as disqualified for appointment to an office to which a public officer is qualified to be appointed by reason only that the office is held by a person who is on leave of absence pending relinquishment of that office. a function of a service commission may be delegated to a public officer, as prescribed. article 186. participation in politics a public officer who seeks election, or is appointed, to a state office shall resign. clause (1) applies to a constitutional office holder. part xiv. pension benefit article 187. pension benefit an employee, including a public officer and constitutional office holder, has a right to a pension benefit. a pension benefit shall not be withheld or altered to that employee’s disadvantage. the law to be applied with respect to a pension benefit– before the commencement of this constitution, shall be the law that was in force immediately before the date on which the pension benefit was granted or the law in force at a later date that is not less favourable to that employee; and after the commencement of this constitution, shall be the law in force on the date on which the pension benefit was granted or the law in force at a later date that is not less favourable to that employee. article 188. review of pension benefit and tax exemption a pension benefit shall be reviewed periodically to take into account actuarial assessments. a pension benefit shall be exempt from tax. article 189. payment of pension benefits apension benefit shall be paid promptly and regularly. where a pension benefit is not paid on a person’s last working day, that person shall stop work but the person’s name shall be retained on the payroll, until payment of the pension benefit based on the last salary received by that person while on the payroll. part xv. defence and national security article 190. principles relating to defence force and national security services the defence force and national security services shall— be nationalistic, patriotic, professional, disciplined and competent; be non-partisan; not further the interests or cause of a particular organisation; and not act against a political interest or cause permitted in this constitution or as prescribed. clause (1) shall not prevent a member of the defence force and national security services from registering as a voter or voting in an election or a referendum. article 191. status of defence force and national security services the defence force and national security services shall be— subordinate to civilian authority, as vested in the state organs; and adequately and properly equipped to enable themeffectively perform their functions. article 192. establishment of defence force and functions there is established the defence force of zambia consisting of— the zambia army; the zambia air force; the zambia national service, as an auxiliary unit; and other units, as prescribed. the defence force shall— preserve and defend the sovereignty and territorial integrity of the republic; foster harmony and understanding between the zambia army, zambia air force, an auxiliary unit and members of society; and co-operate with state organs and state institutions in times of public emergencies and national disasters. article 193. establishment of national security services and functions there are established the following national security services— the zambia police service; the zambia security intelligence service; the zambia correctional service; and any other national security service, as prescribed. the zambia police service shall— protect life and property; preserve peace and maintain law and order; ensure the security of the people; detect and prevent crime; uphold the bill of rights; foster and promote good relationships with the defence force, other national security services and members of society; and perform other functions as prescribed. the zambia security intelligence service shall— ensure national security by undertaking security intelligence and counter intelligence; prevent a person from suspending, overthrowing or illegally abrogating this constitution; and perform other functions as prescribed. the zambia correctional service shall— manage, regulate and ensure the security of prisons and correctional centres; and perform other functions as prescribed. article 194. qualification to serve in defence force and national security service a person is qualified to serve as a member of the defence force and national security services if the person is— a citizen who does not hold dual citizenship; and qualified as prescribed. article 195. deployment outside republic the president may deploy personnel of the defence force outside the republic. where the president deploys personnel of the defence force outside the republic, the president shall, as soon as is reasonably practicable, inform the national assembly of the deployment. article 196. prohibition of activities relating to defence and national security except as provided in this constitution, a person shall not— raise or participate in the raising of an armed force; establish or participate in the establishment of a defence force or national security service; or establish or participate in the establishment of a unit of the defence force or national security service. article 197. legislation on defence force and national security services the following shall be prescribed: the regulation of the defence force and national security services; the organs and structures of the defence force and national security services; the operations and administration of the defence force and national security services; the recruitment of persons into the defence force and national security services, which shall reflect the regional diversity of the people of zambia; the appointment, qualifications, placement, transfer, discipline and retirement of defence and security chiefs and other personnel of the defence force and national security services; the emoluments of personnel and members of the defence force and national security services; the procedures and processes for deployment of the personnel of the defence force; and other functions as prescribed. part xvi. public finance and budget article 198. principles relating to public finance the guiding principles of public finance include the following: transparency and accountability in the development or formulation of macro-economic frameworks, socio-economic plans and the budget; promotion of a public finance system that ensures that— the burden of taxation is shared fairly; revenue raised nationally is shared equitably among the different levels of government; and expenditure promotes the equitable development of the country; sustainable public borrowing to ensure inter-generational equity; and prudent and responsible use of public resources. article 199. imposition of tax a tax shall not be imposed, except as prescribed. where legislation confers power on a person or an authority to waive or vary a prescribed tax the power shall be exercised through a statutory instrument. a report explaining the waiver or variation of a tax shall be submitted to the national assembly within twenty-one days of the publication of the statutory instrument. article 200. consolidated fund there is established a consolidated fund to which shall be credited the revenues and other monies accruing to the treasury. clause (1) does not apply to monies— prescribed for a public fund established for a specific purpose; or that a state organ or state institution may retain for the purpose of defraying the expenses of the state organ or state institution, as prescribed. article 201. withdrawal from consolidated fund monies shall not be withdrawn from the consolidated fund except— to meet expenditure charged on the consolidated fund by this constitution or as prescribed; or where the issuance of those monies has been authorised by a warrant signed by the president, an appropriation act or a supplementary appropriation act in accordance with article 203. the investment or lending of monies forming part of the consolidated fund, in accordance with articles 206 and 207, respectively, shall not be considered a withdrawal from the consolidated fund. article 202. annual financial estimates of revenue and expenditure the minister responsible for finance shall prepare and lay before the national assembly in each financial year, not later than ninety days before the commencement of the next financial year, estimates of revenue and expenditure for the republic. the minister responsible for finance shall, when presenting the estimates of revenue and expenditure, in accordance with clause (1), specify the maximum limits that the government intends to borrow or lend in that financial year. in a year where a general election is held, the minister responsible for finance shall cause to be prepared and laid before the national assembly, within ninety days of the swearing in of the president, estimates of revenue and expenditure for the republic for the next financial year. the national assembly may vary estimates of revenue and expenditure but shall not amend the total amount of estimates of revenue and expenditure. the national assembly shall, by a resolution of the members of parliament, approve the financial estimates of revenue and expenditure for the next financial year. article 203. appropriation act, supplementary appropriation act and excess expenditure appropriation act where estimates of revenue and expenditure have been approved by the national assembly in accordance with article 202, the minister responsible for finance shall lay, before the national assembly for enactment, an appropriation bill in respect of the approved estimates of expenditure. the minister responsible for finance shall, where the amount appropriated in an appropriationact for a financial year is insufficient to meet expenditure in that financial year, lay before the national assembly for approval, in accordance with article 202 (5), a supplementary estimate of expenditure. where a supplementary estimate of expenditure has been approved by the national assembly, the minister responsible for finance shall lay, before the national assembly for enactment, a supplementary appropriation bill in respect of the approved supplementary estimate of expenditure. where there is an urgent need to incur expenditure for a purpose that has not been appropriated under the appropriation act for that financial year and it would not be in the public interest to delay the appropriation of the expenditure until a supplementary estimate is approved by the national assembly, in accordance with clauses (2) and (3), the president may, subject to article 204, issue a warrant authorising the expenditure and withdrawal from the consolidated fund. the minister responsible for finance shall present the warrant referred to in clause (4) to the relevant parliamentary committee for approval. the parliamentary committee shall consider the warrant within forty-eight hours of its presentation by the minister responsible for finance. where expenditure is incurred in accordance with clause (4), the minister responsible for finance shall, in that financial year, lay an excess expenditure appropriation bill before the national assembly for enactment. where it is not practicable to lay an excess expenditure appropriation bill before the national assembly, in accordance with clause (7), the minister responsible for finance shall lay the excess expenditure appropriation bill before the national assembly during the first sitting of the national assembly after the end of the preceding financial year. article 204. limitation and conditions of warrant the issuance of a warrant, in accordance with article 203 (4), shall be subject to limitations and conditions, as prescribed. the president shall, immediately after signing a warrant in accordance with article 203 (4), cause a copy of the warrant to be transmitted to the auditor-general and parliament. article 205. budget and planning legislation the following shall be prescribed: the financial management and regulation of public funds; the preparation of medium and long-term financing frameworks and development plans; the budget preparation process; public participation, at all levels of government, in the formulation of financing frameworks, development plans and preparation of annual budgets; the content of the financial report of the republic provided for in article 211; and the control and disbursement of appropriated funds. article 206. investment of public funds monies forming part of the consolidated fund may be invested into readily marketable securities and deposits or other secure investments, with a financial institution approved by the minister responsible for finance. the investment of monies made in accordance with clause (1) shall be prescribed. article 207. borrowing and lending by government the government may, as prescribed— raise a loan or grant on behalf of itself, a state organ, state institution or other institution; guarantee a loan on behalf of a state organ, state institution or other institution; or enter into an agreement to give a loan or grant out of the consolidated fund, other public fund or public account. legislation enacted under clause (1) shall provide— for the category, nature and other terms and conditions of a loan, grant or guarantee, that will require the approval by the national assembly before the loan, grant or guarantee is executed; and that any monies received in respect of a loan or grant approved by the national assembly shall be paid into the consolidated fund, or other public fund or public account. article 208. public debt a public debt shall be a charge on the consolidated fund or other public fund. for the purposes of this article, “public debt” includes the interest on that debt, sinking fund payments in respect of that debt and the costs, charges and expenses incidental to the management of that debt. article 209. compensation fund there is established a compensation fund for the purpose of settling claims against the state. the management of the compensation fund shall be prescribed. article 210. public procurement and disposal of state assets a state organ, state institution and other public office shall procure goods or services, in accordance with a system that is fair, equitable, transparent, competitive and cost-effective, as prescribed. a major state asset shall be sold, transferred or otherwise disposed of, as prescribed, subject to the approval of the national assembly signified by a vote of at least two-thirds of the members of parliament. for the purposes of this article, “major state asset” includes a parastatal and equity held by the government, as prescribed. article 211. financial report of republic the minister responsible for finance shall, within three months after the end of each financial year, prepare and submit to the auditor-general the financial report of the republic in respect of the preceding financial year. the auditor-general shall, within two months of receipt of the financial report, examine the financial report and express an opinion on the report. the minister responsible for finance shall, within one month after the receipt of the auditor-general’s opinion, lay the financial report, with the auditor-general’s opinion, before the national assembly. the financial report shall include information on— revenue received by the republic during that financial year; the expenditure of the republic during that financial year; gifts, donations and aid-in-kind received on behalf of the republic in that financial year, their value and how they were disposed of; debt repayments; payments made in that financial year for purposes other than expenditure; the financial position of the republic at the end of that financial year; and other information as prescribed. article 212. auditor-general's report the auditor-general shall, not later than nine months after the end of a financial year, submit an audit report to the president and the national assembly, on the accounts of the republic audited in respect of the preceding financial year. part xvii. central bank article 213. bank of zambia(1) there is established the bank of zambia which shall be the central bank of the republic the functions of the bank of zambia are to— issue the currency of the republic; determine monetary policy; and regulate banking and financial services, banks, financial and non-banking institutions, as prescribed. there is constituted a board of directors for the bank of zambia whose composition shall be prescribed. the functions of the bank of zambia vest in the board of directors and shall be performed as prescribed. the bank of zambia shall not be subject to the direction or control of a person or an authority in the performance of its functions. article 214. governor of bank of zambia there shall be a governor of the bank of zambia who shall be appointed by the president, subject to ratification by the national assembly, and who shall be— a citizen; a person who has specialised training and experience in economics, finance, accounting, banking, law or other field relevant to banking, as prescribed; and a person of proven integrity. the governor shall be the chairperson of the board of directors. article 215. legislation on bank of zambia the following shall be prescribed: additional functions, operations and management of the bank of zambia; appointment, qualifications and tenure of office of the board of directors; election of a vice-chairperson of the board of directors; tenure of office and emoluments of the governor; appointment, qualifications, tenure of office, functions and emoluments of the deputy-governor; recruitment, and emoluments of members of staff of the bank of zambia; and other matters necessary for the performance of the functions of the bank of zambia. part xviii. services, commissions and other independent offices article 216. principles relating to commissions a commission shall— be subject only to this constitution and the law; be independent and not be subject to the control of a person or an authority in the performance of its functions; act with dignity, professionalism, propriety and integrity; be non-partisan; and be impartial in the exercise of its authority. parliamentary service commission article 217. parliamentary service there is established the parliamentary service. the office of the clerk of the national assembly, members of staff of the parliamentary service commission and members of staff of the office of the clerk, as prescribed, are offices in the parliamentary service. article 218. parliamentary service commission there is established the parliamentary service commission. the parliamentary service commission shall— appoint the clerk of the national assembly; constitute offices in the parliamentary service; appoint, confirm, promote and hear appeals from officers of the parliamentary service; ensure efficient and effective functioning of the national assembly; have financial oversight of the parliamentary service and the national assembly; and perform such other functions as prescribed. judicial service commission article 219. judicial service there is established the judicial service. the office of judge, judicial officer, the members of staff of the judicial service commission and such other officers as prescribed, are offices in the judicial service. article 220. judicial service commission there is established the judicial service commission. the judicial service commission shall— constitute offices in the judicial service; make recommendations to the president on the appointment of judges; appoint, confirm, promote and hear appeals from judicial officers; and carry out a function provided for in this constitution, or as prescribed. civil service commission article 221. civil service there is established the civil service. the office of the secretary to the cabinet, secretary to the treasury, deputy secretary to the cabinet, civil servants, the members of staff of the civil service commission and other public officers as prescribed, are offices in the civil service. article 222. civil service commission there is established the civil service commission. the civil service commission shall— constitute offices in the civil service; appoint, confirm, promote and hear appeals from officers in the civil service, excluding a constitutional office holder; and perform such other functions as prescribed. teaching service commission article 223. teaching service there is established the teaching service. the teachers serving as public officers excluding civil servants, the members of staff of the teaching service commission and other public officers, as prescribed, are offices in the teaching service. article 224. teaching service commission there is established the teaching service commission. the teaching service commission shall— constitute offices in the teaching service; appoint, confirm, promote and hear appeals from officers of the teaching service; and perform such other functions as prescribed. zambia correctional service commission article 225. zambia correctional service commission there is established the zambia correctional service commission for the zambia correctional service established in article 193. the office of commissioner-general of correctional service, deputy commissioners-general of correctional service, commissioners of correctional service, assistant commissioners of correctional service, correctional officers and wardens, members of staff of the zambia correctional service commission and such other public officers as prescribed, are offices in the zambia correctional service. the zambia correctional service commission shall— constitute offices in the zambia correctional service; appoint, confirm, promote and hear appeals from officers of the zambia correctional service; and perform such other functions as prescribed. zambia police service commission article 226. zambia police service commission there is established the zambia police service commission for the zambia police service established in article 193. the office of the inspector-general of police, the deputy inspector-general of police, police officers, the members of staff of the zambia police service commission and other public officers as prescribed, are offices in the zambia police service. the zambia police service commission shall— constitute offices in the zambia police service; appoint, confirm, promote and hear appeals from officers of the zambia police service; and perform such other functions as prescribed. local government service commission local government service commission article 227. local government service there is established the local government service. the office of the town clerk, council secretary, members of staff of the local government service commission, the members of staff of local authorities and other local government staff, as prescribed, are offices in the local government service. article 228. local government service commission there is established the local government service commission. the local government service commission shall— appoint the town clerk and council secretary of a local authority; constitute offices in the local government service; appoint, confirm, promote and hear appeals from officers of the local government service; ensure efficient and effective functioning of local authorities; and perform such other functions as prescribed. electoral commission of zambia. electoral commission of zambia article 229. electoral commission of zambia there is established the electoral commission of zambia which shall have offices in provinces and progressively in districts. the electoral commission shall— implement the electoral process; conduct elections and referenda; register voters; settle minor electoral disputes, as prescribed; regulate the conduct of voters and candidates; accredit observers and election agents, as prescribed; delimit electoral boundaries; and perform such other functions as prescribed. human rights commission article 230. human rights commission there is established the human rights commission which shall have offices in the provinces and progressively in districts. the human rights commission shall ensure that the bill of rights is upheld and protected. the human rights commission shall— investigate and report on the observance of rights and freedoms; take necessary steps to secure appropriate redress where rights and freedoms are violated; endeavour to resolve a dispute through negotiation, mediation or conciliation; carry out research on rights and freedoms and related matters; conduct civic education on rights and freedoms; and perform such other functions as prescribed. gender equity and equality commission article 231. gender equity and equality commission there is established the gender equity and equality commission which shall have offices in the provinces and progressively in districts. the gender equity and equality commission shall promote the attainment and mainstreaming of gender equality. the gender equity and equality commission shall— monitor, investigate, research, educate, advise and report on issues concerning gender equality; ensure institutions comply with legal requirements and other standards relating to gender equality; take steps to secure appropriate redress to complaints relating to gender inequality, as prescribed; and perform such other functions as prescribed. emoluments commission article 232. emoluments commission there is established the emoluments commission. the emoluments commission shall determine, on the recommendation of the relevant authority or commission, the emoluments of public officers, chiefs and members of the house of chiefs, as provided in this constitution or as prescribed. lands commission article 233. lands commission there is established the lands commission which shall have offices in all provinces and progressively in districts. the lands commission shall administer, manage and alienate land, on behalf of the president, as prescribed. state audit commission article 234. state audit commission there is established the state audit commission. the state audit commission shall— subject to article 249 (2) oversee the operations of the office of the auditor-general, as prescribed; make recommendations to the president on the appointment of the auditor-general; and perform such other functions as prescribed. investigative commissions article 235. investigative commissions there is established the following investigative commissions: the anti-corruption commission; the drug enforcement commission; and the anti-financial and economic crimes commission. judicial complaints commission article 236. judicial complaints commission there is established the judicial complaints commission. the judicial complaints commission shall— enforce the code of conduct for judges and judicial officers; ensure that judges and judicial officers are accountable to the people for the performance of their functions; receive complaints lodged against a judge or judicial officer, as prescribed; hear a complaint against a judge or judicial officer, as prescribed; make recommendations to the appropriate institution or authority for action; and perform such other functions as prescribed. police public complaints commission article 237. police public complaints commission there is established the police public complaints commission. the police public complaints commission shall— receive and investigate complaints against police actions; investigate complaints against police actions which result in serious injury or death of a person; make recommendations to the appropriate institution or authority for action; and perform such other functions as prescribed. general provisions relating to commissions article 238. financial independence of commissions a commission shall be a self-accounting institution which deals directly with the ministry responsible for finance in matters relating to its finances. a commission shall be adequately funded in a financial year to enable it to effectively perform its functions. article 239. expenses of commissions the expenses of a commission, including emoluments payable to, or in respect of, persons serving with that commission, shall be a charge on the consolidated fund. article 240. qualifications of members of commissions a person qualifies to be appointed as a member of a commission if that person— is a citizen; is permanently resident in zambia; has not, in the immediate preceding five years, served a term of imprisonment of at least three years; declares that person’s assets and liabilities, as prescribed; has paid that person’s taxes or has made arrangements satisfactory to the appropriate tax authority for the payment of the taxes; does not have a mental or physical disability that would make the person incapable of performing the functions of office; is not serving a sentence of imprisonment for an offence under a law; and has other qualifications, as prescribed. article 241. general powers of commissions a commission— shall appoint its staff; may refer matters within its mandate to appropriate state organs or state institutions for action; may initiate its own investigations and receive complaints from a person on matters within its mandate; shall take measures to ensure that state institutions and other persons comply with its decisions; and shall submit annual reports to the national assembly on its accounts and activities as prescribed. article 242. legislation on commissions the functions, composition, appointment of members, tenure of office of members, processes and procedures, operations, administration, structures, finances and financial management of a commission shall be prescribed. other independent offices public protector article 243. public protector there shall be a public protector who shall be appointed by the president, on the recommendation of the judicial service commission, subject to ratification by the national assembly. a person qualifies for appointment as public protector if that person— is qualified to be appointed as a judge; and does not hold a state office or constitutional office. the office of public protector shall be decentralised to the provinces and progressively to districts, as prescribed. the procedures, staff, finances, financial management, administration and operations of the office of the public protector shall be prescribed. article 244. functions of public protector the public protector may investigate an action or decision taken or omitted to be taken by a state institution in the performance of an administrative function. for purposes of clause (1), an action or decision taken or omitted to be taken is an action or decision which is— unfair, unreasonable or illegal; or not compliant with the rules of natural justice. for purposes of clauses (1) and (2), the public protector may— bring an action before a court; hear an appeal by a person relating to an action or decision taken or omitted to be taken in respect of that person; and make a decision on an action to be taken against a public officer or constitutional office holder, which decision shall be implemented by an appropriate authority. the public protector shall not be subject to the direction or control of a person or an authority in the performance of the functions of office. the public protector has the same powers as those of the high court in— enforcing the attendance of witnesses and examining them on oath; examining witnesses outside zambia; compelling the production of documents; enforcing decisions issued by the public protector; and citing a person or an authority for contempt for failure to carry out a decision. a person summoned to give evidence or to produce a document before the public protector is entitled, in respect of that evidence or the production of the document, to the same privileges and protection as those that a person would be entitled to before a court. an answer by a person to a question put by the public protector is not admissible in evidence against that person in civil or criminal proceedings, except for perjury. article 245. limitation of powers of public protector the public protector shall not investigate a matter which— is before a court, court martial or a quasi-judicial body; relates to an officer in the parliamentary service or judicial service; involves the relations or dealings between the government and foreign government or an international organisation; relates to the exercise of the prerogative of mercy; or is criminal in nature. article 246. performance of functions of public protector during absence, illness or other cause where the public protector is absent from zambia or is unable to perform the functions of office due to illness or other cause, the president shall appoint a person qualified to perform the functions of the public protector until that appointment is revoked or until the public protector returns to office. article 247. tenure of office of public protector subject to this article, the public protector shall retire from office on attaining the age of sixty years. the public protector may retire, with full benefits, on attaining the age of fifty-five years. the public protector may be removed from office on the same grounds and procedure as apply to a judge. the public protector may resign from office by three months’ notice, in writing, to the president. article 248. report to national assembly the office of the public protector shall report to the national assembly on matters concerning its affairs. auditor-general article 249. auditor-general there shall be an auditor-general who shall be appointed by the president, on the recommendation of the state audit commission, subject to ratification by the national assembly. the office of auditor-general shall be decentralised to the provinces and progressively to districts, as prescribed. the following shall be prescribed: the qualifications of the auditor-general; the operations and management of the office of the auditor-general; the recruitment, supervision, grading, promotion and discipline of the staff of the auditor-general; and the finances of the office of the auditor-general. article 250. functions of auditor-general the auditor-general shall— audit the accounts of— state organs, state institutions, provincial administration and local authorities; and institutions financed from public funds; audit the accounts that relate to the stocks, shares and stores of the government; conduct financial and value for money audits, including forensic audits and any other type of audit, in respect of a project that involves the use of public funds; ascertain that money appropriated by parliament or raised by the government and disbursed— has been applied for the purpose for which it was appropriated or raised; was expended in conformity with the authority that governs it; and was expended economically, efficiently and effectively; and recommend to the director of public prosecutions or a law enforcement agency any matter within the competence of the auditor-general, that may require to be prosecuted. the auditor-general shall not be subject to the direction or control of a person or an authority in the performance of the functions of office. article 251 performance of functions of auditor-general during absence, illness or other cause<title. where the auditor-general is absent from zambia or is unable to perform the functions of office due to illness or other cause, the president shall appoint a person qualified to perform the functions of the auditor-general until that appointment is revoked or until the auditor-general returns to office. article 252. tenure of office of auditor-general subject to this article, the auditor-general shall retire from office on attaining the age of sixty years. the auditor-general may retire, with full benefits, on attaining the age of fifty-five years. the auditor-general may be removed from office on the same grounds and procedure as apply to a judge. the auditor-general may resign from office by three months’ notice, in writing, to the president. part xix. land, environment and natural resources land article 253. principles of land policy land shall be held, used and managed in accordance with the following principles: equitable access to land and associated resources; security of tenure for lawful land holders; recognition of indigenous cultural rites; sustainable use of land; transparent, effective and efficient administration of land; effective and efficient settlement of land disputes; river frontages, islands, lakeshores and ecologically and culturally sensitive areas— to be accessible to the public; not to be leased, fenced or sold; and to be maintained and used for conservation and preservation activities; investments in land to also benefit local communities and their economy; and plans for land use to be done in a consultative and participatory manner. article 254. classification and alientation of land and land tenure land shall be delimited and classified as state land, customary land and such other classification, as prescribed. the president may, through the lands commission, alienate land to citizens and non-citizens, as prescribed. land shall be held for a prescribed tenure. environment and natural resources article 255. principles of environmental and natural resources management and development the management and development of zambia’s environment and natural resources shall be governed by the following principles: natural resources have an environmental, economic, social and cultural value and this shall be reflected in their use; the person responsible for polluting or degrading the environment is responsible for paying for the damage done to the environment; where there are threats of serious or irreversible damage to the environment, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation; the conservation and protection of ecologically sensitive areas, habitats, species and other environment shall be done in a sustainable manner; respect for the integrity of natural processes and ecological communities; benefits accruing from the exploitation and utilisation of the environment and natural resources shall be shared equitably amongst the people of zambia; saving of energy and the sustainable use of renewable energy sources shall be promoted; reclaiming and rehabilitation of degraded areas and those prone to disasters shall be promoted; unfair trade practices in the production, processing, distribution and marketing of natural resources shall be eliminated; origin, quality, methods of production, harvesting and processing of natural resources shall be regulated; equitable access to environmental resources shall be promoted; effective participation of people in the development of relevant policies, plans and programmes; and access to environmental information to enable people preserve, protect and conserve the environment. article 256. protection of environment and natural resources a person has a duty to co-operate with state organs, state institutions and other persons to— maintain a clean, safe and healthy environment; ensure ecologically sustainable development and use of natural resources; respect, protect and safeguard the environment; and prevent or discontinue an act which is harmful to the environment. article 257. utilisation of natural resources and management of environment the state shall, in the utilisation of natural resources and management of the environment— protect genetic resources and biological diversity; implement mechanisms that minimise waste; promote appropriate environment management systems and tools; encourage public participation; protect and enhance the intellectual property in, and indigenous knowledge of, biodiversity and genetic resources of local communities; ensure that the environmental standards enforced in zambia are of essential benefit to citizens; and establish and implement mechanisms that address climate change. part xx. general provisions article 258. official language and use and satus of local languages the official language of zambia is english. a language, other than english, may be used as a medium of instruction in educational institutions or for legislative, administrative or judicial purposes, as prescribed. the state shall respect, promote and protect the diversity of the languages of the people of zambia. article 259. nominations and appointments where a person is empowered to make a nomination or an appointment to a public office, that person shall ensure— that the person being nominated or appointed has the requisite qualification to discharge the functions of the office, as prescribed or specified in public office circulars or establishment registers; that fifty percent of each gender is nominated or appointed from the total available positions, unless it is not practicable to do so; and equitable representation of the youth and persons with disabilities, where these qualify for nomination or appointment. a person empowered to make a nomination or appointment to a public office shall, where possible, ensure that the nomination or appointment reflects the regional diversity of the people of zambia. article 260. oath of office and prescribed oaths a person assuming a public office, member of the house of chiefs, and presidential appointee, shall take an oath of office and such other oath, as prescribed, before carrying out the duties of office. article 261. code of conduct and ethics a person holding a public office shall act in accordance with a code of conduct and ethics, as prescribed for that office. article 262. conflict of interest a person holding a public office shall not act in a manner, or be in a position, where the personal interest of that person conflicts, or is likely to conflict, with the performance of the functions of office. article 263. declaration of assets a person holding a public office shall, before assuming office or leaving office, make a declaration of their assets and liabilities, as prescribed. article 264. emoluments payable under constitution a public officer, chief and member of the house of chiefs, shall be paid such emoluments as recommended by the relevant authority or commission and determined by the emoluments commission. the emoluments of a state officer, councillor, constitutional office holder and a judge shall be determined by the emoluments commission, as prescribed. the emoluments of a person holding a public office, chief and member of the house of chiefs shall not be altered to the disadvantage of that person during that person’s tenure of office. a person holding a public office shall not, while in office, hold another office which pays emoluments. article 265. funding, expenses and emoluments charge on consolidated fund a public office shall be adequately funded to enable it to effectively perform its functions. the expenses of a state organ, state institution and public office shall be a charge on the consolidated fund. the emoluments payable under this constitution or as prescribed, shall be a charge on the consolidated fund. article 266. definitions in this constitution, unless the context otherwise requires— “adult” means a person who has attained, or is above, the age of nineteen years; “bill” means a draft of a proposed law to be enacted by parliament; “bill of rights” means the human rights and fundamental freedoms set out in part iii, and includes their status, application, interpretation, limitations, derogations, non-derogations and enforcement; “by-election” means an election to fill a vacancy in the office of a member of parliament or councillor; “candidate” means a person contesting a presidential, parliamentary or local government election; “chief” means a person bestowed as chief and who derives allegiance from the fact of birth or descent, in accordance with the customs, traditions, usage or consent of the people in a chiefdom; “child” means a person who has attained, or is below, the age of eighteen years; “circuit schedule” means a table showing dates, districts, time and place where a court is to sit and hear matters in any period of twelve months; “citizen” means a citizen of zambia; “civil servant ” means a public officer appointed by the civil service commission; “civil society” means a group of persons, who are not part of the government, who associate for the purpose of advancing or protecting particular interests; “commission” means a commission established under part xviii of this constitution; “constituency” means an area into which zambia is divided for purposes of elections to the national assembly; “constitutional court” means the constitutional court established in this constitution; “constitutional office” means the office of the attorney-general, solicitor-general, director of public prosecutions, public protector, auditor-general, secretary to the cabinet, secretary to the treasury and permanent secretary; “constitutional office holder” means a person holding or acting in a constitutional office; “council” includes a city, municipal or town council; “council chairperson” means a person elected chairperson of a town council in accordance with article 154; “councillor” means a member of a council elected in accordance with article 153; “court” means a court of competent jurisdiction established by or under this constitution; “court of appeal” means the court of appeal established in this constitution; “devolution” means a form of decentralisation where there is a transfer of rights, functions and powers or an office from the central government or state institution to a sub-national authority or the bringing of a service that is provided at central government level to, or opening of a branch of a public office or institution at, a subnational level, and the word “devolved” shall be construed accordingly; “disability” means a permanent physical, mental, intellectual or sensory impairment that alone, or in combination with social or environmental barriers, hinders the ability of a person to fully or effectively participate in an activity or perform a function as specified in this constitution or as prescribed; “discrimination” means directly or indirectly treating a person differently on the basis of that person’s birth, race, sex, origin, colour, age, disability, religion, conscience, belief, culture, language, tribe, pregnancy, health, or marital, ethnic, social or economic status; “district” means an administrative unit of a province as provided inarticle 149; “election” means an election to the office of president, national assembly or a council; “electoral commission” means the electoral commission of zambia established in this constitution; “emoluments” include salaries, allowances, benefits and rights that form an individual’s remuneration for services rendered, including pension benefits or other benefits on retirement; “emoluments commission” means the emoluments commission established in this constitution; “executive authority” means the power and the right to execute executive functions; “executive functions” means the functions of the president set out in this constitution; “ex-officio” means a person who is appointed as a member by virtue of office; “first deputy speaker” means the person elected as first deputy speaker in accordance with article 82 (4); “freedom fighter” means a person who fought for the independence of the former protectorate of northern rhodesia to become the republic of zambia; “function” includes powers and duties; “gender” means female or male and the role individuals play in society as a result of their sex and status; “general election” means presidential, national assembly and local government elections when held on the same day; “gross misconduct” means— behaviour which brings a public office into disrepute, ridicule or contempt; behaviour that is prejudicial or inimical to the economy or the security of the state; an act of corruption; or using or lending the prestige of an office to advance the private interests of that person, members of that person’s family or another person; “health practitioner” means a person registered as a health practitioner as prescribed; “high court” means the high court established in this constitution; “individual” means a natural person; “judge” means a person appointed as a judge of a superior court; “judgment” includes a decision, an order or decree of a court or an authority, as prescribed; “judicial authority” means the power and right to perform judicial functions; “judicial function” means the functions of the judiciary set out in this constitution; “judicial officer” includes a magistrate, local court magistrate, registrar and such officers as prescribed; “legislative authority” means the power and right to perform legislative functions; “legislative functions” means the functions of the legislature set out in this constitution; “local authority” means a council and it’s secretariat consisting of persons appointed by the local government service commission; “local government” means governance at the local level; “local government elections tribunal” means a tribunal established in accordance with article 159; “local government equalisation fund” means a fund established in accordance with article 163; “mayor” means a person elected mayor of a city or municipal council in accordance with article 154; “member of parliament” means a person who is member of the national assembly; “minister” means a cabinet minister; “ oath ” includes an affirmation; “older member of society” means a person who has attained, or is above, the age of sixty years; “opposition” means a political party which is not the political party in government; “ordinarily resident” means residing in a place for a prescribed period of time; “parliament” means the president and the national assembly; “parliamentary committee” means a committee established in accordance with article 80; “pension benefit” includes a pension, compensation, gratuity or similar allowance in respect of a person’s service; “person” means an individual, a company or an association of persons, whether corporate or unincorporate; “person with disability” means a person with a permanent physical, mental, intellectual or sensory impairment; “political party” means an association whose objectives include the contesting of elections in order to form government or influence the policy of the national or local government; “power” includes privilege, authority and discretion; “prescribed” means provided for in an act of parliament; “president-elect” means the presidential candidate who has been declared by the returning officer as having won the presidential election; “presidential candidate” means a person nominated to stand for election as president in accordance with article 52 (1); “presidential election” means an election to the office of president, and includes the election of a vice-president as a running mate to the president; “property” includes a vested or contingent right to, or interest in, or arising from— land, permanent fixtures on, or improvements to, land; goods or personal property; intellectual property; or money, choses in action or negotiable instruments; “provincial administration” means the administrative secretariat established in accordance with article 150; “provincial minister” means a person appointed provincial minister by the president; “public media” means media owned, operated or controlled by the government; “public office” means an office whose emoluments and expenses are a charge on the consolidated fund or other prescribed public fund and includes a state office, constitutional office and an office in the public service, including that of a member of a commission; “public officer” means a person holding or acting in a public office, but does not include a state officer, councillor, a constitutional office holder, a judge and a judicial officer; “public service” means service in the civil service, the teaching service, defence force and national security service, the zambia correctional service, the zambia police service, emoluments commission, state audit commission, lands commission, electoral commission, human rights commission, gender equity and equality commission, the anti-corruption commission, drug enforcementcommission, theanti-financial and economic crimes commission, the police and public complaints commission, and service as a constitutional office holder, service in other offices, as prescribed; “rights and freedoms” means the human rights and fundamental freedoms provided for in the bill of rights; “republic” means the republic of zambia; “returning officer” means a person who is a returning officer for a parliamentary or local authority election and “returning officer” means the chairperson of the electoral commission in a presidential election; “running mate” means a person who is selected by a presidential candidate to stand with the presidential candidate in a presidential election so that the person becomes the vice-president if that presidential candidate is elected as president; “second deputy speaker” means the person elected as second deputy speaker in accordance with article 82 (5); “service commission” means a commission established under articles 218, 220, 222, 224, 225, 226, and 228; “session” means a period not exceeding twelve months, within the term of the national assembly, of sittings of the national assembly, which commence on the first day of sitting after a general election or prorogation of parliament and ends with a prorogation or dissolution of parliament; “sitting” means a meeting of the national assembly, within a session, which concludes with an adjournment, and includes a parliamentary committee meeting; “speaker” means the person elected speaker of the national assembly in accordance with article 82 (1); “state institution” includes a ministry or department of the government, a public office, agency, institution, statutory body, commission or company in which the government or local authority has a controlling interest, other than a state organ; “state office” includes the office of president, vice-president, speaker, deputy speaker, member of parliament, minister and provincial minister; “state officer” means a person holding or acting in a state office; “state organ” means the executive, legislature or judiciary; “statutory instrument” means a proclamation, regulation, rule, by-law, order or other similar legal instrument made under a power conferred by this constitution or an act of parliament; “subordinate court” means a court subordinate to the high court; “sub-national” means an administrative division of government at provincial or district level; “sub-structure” includes a district, ward and village; “superior court” means the supreme court, constitutional court, court of appeal and high court established in accordance with this constitution; “supreme court” means the supreme court established in this constitution; “tax” includes rates, levies, charges, tariffs, fees, tolls and duties; “term” means a period of five years commencing when the national assembly first sits, after a general election, and ending when parliament is dissolved; “treasury” means the office, in the ministry responsible for finance, which receives, keeps, receipts, manages and disburses public funds; “vice-president-elect” means the person declared as having been duly elected as a vice-president after a presidential election; “ward” means a unit into which a district is divided for purposes of electing councillors; “young person” means a person who has attained the age of fifteen years, but is below the age of nineteen years; and “youth” means a person who has attained the age of nineteen years, but is below the age of thirty-five years. article 267. interpretation of constitution this constitution shall be interpreted in accordance with the bill of rights and in a manner that— promotes its purposes, values and principles; permits the development of the law; and contributes to good governance. if there is a conflict between the english version of this constitution and a different language version, the english version shall prevail. a provision of this constitution shall be construed according to the doctrine that the law is continuously in force and accordingly— a function may be performed, as occasion requires, by the person holding the office to which the function is assigned; a reference to a person holding an office includes a reference to the person lawfully performing the functions of that office at a particular time; a reference to an office, state organ, state institution or locality shall be read with any modification necessary to make it applicable in the circumstances; a reference in a provision applying that provision to another provision shall be read with any modification necessary to make it applicable in the circumstances and any reference to the modified provision shall apply as modified; and a reference to an office, body or organisation, where that office, body or organisation has ceased to exist, is a reference to its successor or to the equivalent office, body or organisation performing the functions. a provision of this constitution to the effect that a person, an authority or institution is not subject to the direction or control of a person or an authority in the performance of a function, does not preclude a court from exercising jurisdiction in relation to a question as to whether that person, authority or institution has performed the function in accordance with this constitution or other laws. article 268. grammatical variation in this constitution, unless the context otherwise requires— a word in the singular includes the plural and a word in the plural includes the singular; and a word or expression defined, shall be read with any grammatical variation or similar expression of that word or expression. article 269. computation of time for the purposes of this constitution, in computing time, unless a contrary intention is expressed— a period of days from the happening of an event or the doing of an act shall be considered to be exclusive of the day on which the event happens or the act is done; if the last day of the period is a saturday, sunday or public holiday (“excluded day”), the period shall include the next day; where an act or a proceeding is directed or allowed to be done or taken on a specified day and that day is an excluded day, the act or proceeding shall be considered as done or taken in due time if it is done or taken the next day; and where an act or a proceeding is directed or allowed to be done or taken within a time not exceeding six days, an excluded day shall not be counted in the computation of the time. article 270. power to appoint includes power to remove in this constitution, unless a contrary intention is expressed, power to appoint a person to hold or act in an office includes the power to confirm appointments, to exercise disciplinary control over the person holding or acting in the office and to remove that person from office. article 271. implied power in this constitution, a power given to a person or an authority to do or enforce the doing of an act, includes the necessary and ancillary powers to enable that person or authority to do or enforce the doing of the act. article 272. legislation to give effect to constitution parliament may enact legislation to give effect to an article or a provision in this constitution which— confers a function or jurisdiction on a person, office, institution, council or commission; provides for a process or procedure to be taken, followed or prescribed; requires an action, a measure or decision to be taken or provided; requires a remedy or compensation to be given; prohibits an action or measure; deals with a specific subject-matter or general matter that would require to be legislated on in order to give effect to the constitution; or generally requires something to be prescribed. article 273. power to make statutory instrument, resolutio nor direction in this constitution, a power conferred on a person or an authority to make a statutory instrument, a resolution or direction, includes the power to amend or revoke the statutory instrument, resolution or direction. article 274. time for performance of function a function conferred in this constitution may be performed as occasion requires. article 275. exercise of power between publication and commencement of acts where an article provides for a power exercisable by making a statutory instrument to— make an appointment; or do any other thing for the purposes of the article; the power may be exercised at any time on or after the date of publication of the statutory instrument in the gazette. annex. functions of national, provincial and local levels of devolved government (article 147(2)) a. exclusive national functions elections foreign and international affairs budget taxation including customs and excise airports, other than district airports casinos, racing, gambling and wagering, excluding lotteries and sports pools disaster management and public emergency national parks, national botanical gardens and resources national forests passports and national registration prisons refugees registration of births and deaths wildlife water resources management energy and hydro electricity petroleum and lubricants public roads defence, security, maintenance of law and order citizenship and immigration public enterprises regulation of commerce and manufacturing road traffic regulation land, mines, minerals and natural resources census and statistics traditional leadership national archives national libraries national museums tertiary education b. concurrent national and provincial functions administration of justice legal affairs administration of forests agriculture animal control and diseases consumer protection cultural matters customary law education at all levels, excluding tertiary education environmental management health services housing industrial promotion language policy and the regulation of official languages nature conservation parliamentary business legislative procedures and processess pollution control population development property transfer tax public procurement public transport public works only in respect of the needs of provincial administration provincial spatial planning and development soil conservation tourism, trade and commerce urban and rural development welfare services industrial and labour relations resettlement investment telecommunication c. local authorities exclusive functions pollution control building regulations child-care facilities electricity fire fighting services local tourism district airports, aerodromes and airships district planning district health services district public transport district public works only in respect of the needs of districts in the discharge of councils responsibilities to administer functions specifically assigned to them under this constitution or other law levies, tariffs and tolls pontoons, ferries, jetties, piers and harbours, excluding the regulation of international and national shipping and matters related thereto storm water management systems in built-up areas trading water and sanitation services limited to potable water supply systems and domestic waste-water and sewage disposal systems veterinary services, excluding regulation of the veterinary profession vehicle licensing abattoirs ambulance services archives libraries liquor licencing museums local spatial planning cultural matters recreation and amenities sport roads and traffic automation and maintenance amusement facilities billboards and the display of advertisements in public places cemeteries, funeral parlours and crematoria local cleansing control of public nuisances control of undertakings that sell liquor to the public facilities for the accommodation, care and burial of animals fencing and fences licensing of dogs licensing and control of undertakings that sell food to the public local amenities local sport facilities markets local parks and recreation local roads noise pollution pounds public places refuse removal, refuse dumps and solid waste disposal street trading street lighting traffic and parking gardens and landscaping part i this constitution act shall apply to all parts of the kingdom of denmark. the form of government shall be that of a constitutional monarchy. the royal power shall be inherited by men and women in accordance with the provisions of the succession to the throne act, 27th march, 1953. the legislative power shall be vested in the king and the folketing conjointly. the executive power shall be vested in the king. the judicial power shall be vested in the courts of justice. the evangelical lutheran church shall be the established church of denmark, and) as such, it shall be supported by the state. part ii the king shall not reign in other countries except with the consent of the folketing. the king shall be a member of the evangelical lutheran church. the king shall be of age when he has completed' his eighteenth year. the same provision shall apply to the successor to the throne. the king, prior to his accession to the throne, shall make a solemn declaration in writing before the council of state that he will faithfully adhere to the constitution act. two identical originals of the declaration shall be executed, one of which shall be handed over to the folketing to be preserved in its archives, and the other shall be filed in the public record office. where the king, owing to his absence or for other reasons, is unable to sign the aforesaid declaration immediately on his accession to the throne, the government shall, unless otherwise provided by statute, be conducted by the council of state until such declaration has been signed. where the king already as successor to the throne has signed the aforesaid declaration, he shall accede to the throne immediately on its vacancy. provisions relating to the exercising of sovereign power in the event of the minority, illness, or absence of the king shall be laid down by statute. where on the vacancy of the throne there is no successor to the throne, the folketing shall elect a king and establish the future order of succession to the throne. 10 the civil list of the king shall be granted for the duration of his reign by statute. such statute shall also provide for the castles, palaces, and other state property which shall be placed at the disposal of the king for his use. the civil list shall not be chargeable with any debt. members of the royal house may be granted annuities by statute. such annuities shall not be enjoyed outside the realm except with the consent of the folketing. part iii subject to the limitations laid down in this constitution act the king shall have the supreme authority in all the affairs of the realm, and he shall exercise such supreme authority through-the ministers. the king shall not be answerable for his actions; his person shall be sacrosanct. the ministers shall be responsible for the conduct of the government; their responsibility shall be determined by statute. the king shall appoint and dismiss the prime minister and the other ministers. he shall decide upon the number of ministers and upon the distribution of the duties of government among them. the signature of the king to resolutions relating to legislation and government shall make such resolutions valid, provided that the signature of the king is accompanied by the signature or signatures of one or more ministers. a minister who has signed a resolution shall be responsible for the resolution. 15 a minister shall not remain in office after the folketing has passed a vote of no confidence in him. where the folketing passes a vote of no confidence in the prime minister, he shall ask for the dismissal of the ministry unless writs are to be issued for a general election. where a vote of censure has been passed on a ministry, or it has asked for its dismissal, it shall continue in office until a new ministry has been appointed. ministers who continue in office as aforesaid shall do only what is necessary for the purpose of the uninterrupted conduct of official business. ministers may be impeached by the king or the folketing with maladministration of office. the high court of the realm shall try cases of impeachment brought against ministers for maladministration of office. 17 the body of ministers shall form the council of state, in which the successor to the throne shall have a seat when he is of age. the council of state shall be presided over by the king except in the instance mentioned in section 8, and in the instances where the legislature in pursuance of section 9 may have delegated the conduct of the government to the council of state. all bills and important government measures shall be discussed in the council of state. if the king should be prevented from holding a council of state he may entrust the discussion of a matter to a council of ministers. such council of ministers shall consist of all the ministers, and it shall be presided over by the prime minister. the vote of each minister shall be entered in a minute book, and any question shall be decided by a majority of votes. the prime minister shall submit the minutes, signed by the ministers present, to the king, who shall decide whether he will immediately consent to the recommendations of the council of ministers, or have the matter brought before him in a council of state. 19 the king shall act on behalf of the realm in international affairs. provided that without the consent of the folketing the king shall not undertake any act whereby the territory of the realm will be increased or decreased, nor shall he enter into any obligation which for fulfillment requires the concurrence of the folketing, or which otherwise is of major importance; nor shall the king, except with the consent of the folketing, terminate any international treaty entered into with the consent of the folketing. except for purposes of defense against an armed attack upon the realm or danish forces the king shall not use military force against any foreign state without the consent of the folketing. any measure which the king may take in pursuance of this provision shall immediately be submitted to the folketing. if the folketing is not in session it shall be convoked immediately. the folketing shall appoint from among its members a foreign affairs committee, which the government shall consult prior to the making of any decision of major importance to foreign policy. rules applying to the foreign affairs committee shall be laid down by statute. 20 powers vested in the authorities of the realm under this constitution act may, to such extent as shall be provided by statute, be delegated to international authorities set up by mutual agreement with other states for the promotion of international rules of law and co-operation. for the passing of a bill dealing with the above a majority of five-sixths of the members of the folketing shall be required. if this majority is not obtained, whereas the majority required for the passing of ordinary bills is obtained, and if the government maintains it, the bill shall be submitted to the electorate for approval or rejection in accordance with the rules for referenda laid down in section 42. the king may cause bills and other measures to be introduced in the folketing. a bill passed by the folketing shall become law if it receives the royal assent not later than thirty days after it was finally passed. the king shall order the promulgation of statutes and shall see to it that they are carried into effect. in an emergency the king may when the folketing cannot assemble, issue provisional laws, provided that they shall not be at variance with the constitution act, and that they shall always immediately on the assembling of the folketing be submitted to it for approval or rejection. the king shall have the prerogative of mercy and of granting amnesty. the king may grant ministers a pardon for sentences passed upon them by the high court of the realm only with the consent of the folketing. the king may either directly or through the relevant government authorities make such grants and grant such exemptions from the statutes as are either warranted under the rules existing before the 5th june, 1849, or have been warranted by a statute passed since that date. the king may cause money to be coined as provided by statute. 27 rules governing the appointment of civil servants shall be laid down by statute. no person shall be appointed a civil servant unless he is a danish subject. civil servants who are appointed by the king shall make a solemn declaration to the effect that they will adhere to the constitution act. rules governing the dismissal, transfer, and pensioning of civil servants shall be laid down by statute, confer section 64. civil servants appointed by the king shall only be transferred without their consent if they do not suffer any 1088 in the income accruing from their posts or offices, and if they have been offered the choice of such transfer or retirement on pension under the general rules and regulations. part iv the folketing shall consist of one assembly of not more than one hundred and seventy-nine members, of whom two members shall be elected on the faeroe islands, and two members in greenland. 29 any danish subject whose permanent residence is in the realm, and who has the age qualification for suffrage provided for in subsection (2) of this section shall have the right to vote at folketing elections, provided that he has not been declared incapable of conducting his own affairs. it shall be laid down by statute to what extent conviction and public assistance amounting to poor relief within the meaning of the law shall entail disfranchisement. the age qualification for suffrage shall be such as has resulted from the referendum held under the act dated the 26th march, 1953. such age qualification for suffrage may be altered at any time by statute. a bill passed by the folketing for the purpose of such enactment shall receive the royal assent only when the provision on the alteration in the age qualification for suffrage has been put to a referendum in accordance with subsection (5) of section 42, which has not resulted in the rejection of the provision. 30 any person who has a right to vote at folketing elections shall be eligible for membership of the folketing, unless he has been convicted of an act which in the eyes of the public makes him unworthy of being a member of the folketing. civil servants who are elected members of the folketing shall not require permission from the government to accept their election. 31 the members of the folketing shall be elected by general and direct ballot. rules for the exercise of the suffrage shall be laid down by the elections act, which, to secure equal representation of the various opinions of the electorate, shall prescribe the manner of election and decide whether proportional representation shall be adopted with or without elections in single-member constituencies. in determining the number of seats to be allotted to each area regard shall be paid to the number of inhabitants, the number of electors, and the density of population. the elections act shall provide rules governing the election of substitutes and their admission to the folketing, and also rules for the procedure to be adopted where a new election is required. special rules for the representation of greenland in the folketing may be laid down by statute. 32 the members of the folketing shall be elected for a period of four years. the ring may at any time issue writs for a new election with the effect that the existing seats shall be vacated upon a new election. provided that writs for an election shall not be issued after the appointment of a new ministry until the prime minister has presented himself to the folketing. the prime minister shall cause a general election to be held before the expiration of the period for which the folketing has been elected. no seats shall be vacated until a new election has been held. special rules may be provided by statute for the commencement and determination of faeroe islands and greenland representation in the folketing. if a member of the folketing becomes ineligible his seat in the folketing shall become vacant. on approval of his election each new member shall make a solemn declaration that he will adhere to the constitution act. the folketing itself shall determine the validity of the election of any member and decide whether a member has lost his eligibility or not. the folketing shall be inviolable. any person who attacks its security or freedom, or any person who issues or obeys any command aiming thereat shall be deemed guilty of high treason. part v 35 a newly elected folketing shall assemble at twelve o'clock noon on the twelfth week-day after the day of election, unless the king has previously convoked a meeting of its members. immediately after the proving of the mandates the folketing shall constitute itself by the election of a president and vice-presidents. 36 the sessional year of the folketing shall commence on the first tuesday of october, and shall continue until the first tuesday of october of the following year. on the first day of the sessional year at twelve o'clock noon the members shall assemble for a new session of the folketing. the folketing shall meet in the place where the government has its seat. provided that in extraordinary circumstances the folketing may assemble elsewhere in the realm. 38 at the first meeting in the sessional year the prime minister shall render an account of the general state of the country and of the measures proposed by the government. such account shall be made the subject of a general debate. the president of the folketing shall convene the meetings of the folketing, stating the order of the day. the president shall convene a meeting of the folketing upon a requisition being made in writing by at least two-fifths of the members of the folketing or the prime minister, stating the order of the day. the ministers shall ex officio be entitled to attend the sittings of the folketing and to address the folketing during the debates as often as they may desire, provided that they abide by the rules of procedure of the folketing. they shall be entitled to vote only when they are members of the folketing. 41 any member of the folketing shall be entitled to introduce bills and other measures. no bill shall be finally passed until it has been read three times in the folketing. two-fifths of the members of the folketing may request of the president that the third reading of a bill shall not take place until twelve week-days after its passing the second reading. the request shall be made in writing and signed by the members making it. provided that there shall be no such postponement in connection with finance bills, supplementary appropriation bills, provisional appropriation bills, government loan bills, naturalization bills, expropriation bills, indirect taxation bills, and, in emergencies, bills the enactment of which cannot be postponed owing to the intent of the act. in the case of a new election and at the end of the sessional year all bills and other measures which have not been finally passed, shall be dropped. 42 where a bill has been passed by the folketing, one-third of the members of the folketing may within three week-days from the final passing of the bill request of the president that the bill be subjected to a referendum. such request shall be made in writing and signed by the members making the request. except in the instance mentioned in subsection 7, no bill which may be subjected to a referendum, confer subsection (6), shall receive the royal assent before the expiration of the time limit mentioned in subsection (1), or before a referendum requested as aforesaid has taken place. where a referendum on a bill has been requested the folketing may within a period of five week-days from the final passing of the bill resolve that the bill shall be withdrawn. where the folketing has made no resolution in accordance with subsection (3), notice to the effect that the bill will be put to a referendum shall without delay be given to the prime minister, who shall then cause the bill to be published together with a statement that a referendum will be held. the referendum shall be held in accordance with the decision of the prime minister not less than twelve and not more than eighteen week-days after the publication of the bill. at the referendum votes shall be cast for or against the bill. for the bill to be rejected a majority of the electors taking part in the voting, however, not less than thirty per centum of all persons entitled to vote, shall have voted against the bill. finance bills, supplementary appropriation bills, provisional appropriation bills, government loan bills, civil servants (amendment) bills, salaries and pensions bills, naturalization bills, expropriation bills, taxation (direct and indirect) bills, as well as bills introduced for the purpose of discharging existing treaty obligations shall not be subject to a decision by referendum. this provision shall also apply to the bills referred to in sections 8, 9, 10, and 11, and to such resolutions as are provided for in section 19, if existing in the form of a law, unless it has been provided by a special act that such resolutions shall be put to a referendum. amendments of the constitution act shall be governed by the rules laid down in section 88. in an emergency a bill that may be subjected to a referendum may receive the royal assent immediately after it has been passed, provided that the bill contains a provision to that effect. where under the rules of subsection (1) one-third of the members of the folketing request a referendum on the bill or on the act to which the royal assent has been given, such referendum shall be held in accordance with the above rules. where the act is rejected by the referendum, an announcement to that effect shall be made by the prime minister without undue delay and not later than fourteen days after the referendum was held. from the date of such announcement the act shall become ineffective. rules for referenda, including the extent to which referenda shall be held on the faeroe islands and in greenland, shall be laid down by statute. no taxes shall be imposed, altered, or repealed except by statute; nor shall any man be conscripted or any public loan be raised except by statute. 44 no alien shall be naturalized except by statute. the extent of the right of aliens to become owners of real property shall be laid down by statute. 45 a finance bill for the next financial year shall be laid before the folketing not later than four months before the beginning of such financial year. where it is expected that the reading of the finance bill for the next financial year will not be completed before the commencement of that financial year, a provisional appropriation bill shall be laid before the folketing. 46 taxes shall not be levied before the finance act or a provisional appropriation act has been passed by the folketing. no expenditure shall be defrayed unless provided for by the finance act passed by the folketing, or by a supplementary appropriation act, or by a provisional appropriation act passed by the folketing. 47 the public accounts shall be submitted to the folketing not later than six months after the expiration of the financial year. the folketing shall elect a number of auditors. such auditors shall examine the annual public accounts and see that all the revenues of the state have been duly entered therein, and that no expenditure has been defrayed unless provided for by the finance act or some other appropriation act. the auditors shall be entitled to demand all necessary information, and shall have a right of access to all necessary documents. rules providing for the number of auditors and their duties shall be laid down by statute. the public accounts together with the auditors' report shall be submitted to the folketing for its decision. the folketing shall lay down its own rules of procedure, including rules governing its conduct of business and the maintenance of order. the sittings of the folketing shall be public. provided that the president, or such number of members as may be provided for by the rules of procedure, or a minister shall be entitled to demand the removal of all unauthorized persons, whereupon it shall be decided without a debate whether the matter shall be debated at a public or a secret sitting. in order to make a decision more than one-half of the members of the folketing shall be present and take part in the voting. the folketing may appoint committees from among its members to investigate matters of general importance. such committees shall be entitled to demand written or oral information both from private citizens and from public authorities. the election by the folketing of members to sit on committees and of members to perform special duties shall be according to proportional representation. with the consent of the folketing any member thereof may submit for discussion any matter of public interest and request a statement thereon from the ministers. petitions may be submitted to the folketing only through one of its members. by statute shall be provided for the appointment by the folketing of one or two persons, who shall not be members of the folketing, to control the civil and military administration of the state. the members of the folketing shall be bound solely by their own consciences and not by any directions given by their electors. no member of the folketing shall be prosecuted or imprisoned in any manner whatsoever without the consent of the folketing, unless he is caught in flagrante delicto. outside the folketing no member shall be held liable for his utterances in the folketing save by the consent of the folketing. the members of the folketing shall be paid such remuneration as may be provided for in the elections act. part vi 59 the high court of the realm shall consist of up to fifteen of the eldestâ�� according to seniority of officeâ��ordinary members of the highest court of justice of the realm, and an equal number of members elected for six years by the folketing according to proportional representation. one or more substitutes shall be elected for each elected member. no member of the folketing shall be elected a member of the high court of the realm, nor shall a member of the folketing act as a member of the high court of the realm. where in a particular instance some of the members of the highest court of justice of the realm are prevented from taking part in the trial of a case, an equal number of the members of the high court of the realm last elected by the folketing shall retire from their seats. the high court of the realm shall elect a president from among its members. where a case has been brought before the high court of the realm, the members elected by the folketing shall retain their seats in the high court of the realm for the duration of such case, even if the period for which they were elected has expired. rules for the high court of the realm shall be provided by statute. 60 the high court of the realm shall try such actions as may be brought by the king or the folketing against ministers. with the consent of the folketing the king may cause to be tried before the high court of the realm also other persons for crimes which he may deem to be particularly dangerous to the state. the exercise of the judiciary power shall be governed only by statute. extraordinary courts of justice with judicial power shall not be established. the administration of justice shall always remain independent of the executive power. rules to this effect shall be laid down by statute. 63 the courts of justice shall be entitled to decide any question bearing upon the scope of the authority of the executive power. however, a person who wants to query such authority shall not, by bringing the case before the courts of justice, avoid temporary compliance with orders given by the executive power. questions bearing upon the scope of the authority of the executive power may be referred by statute for decision to one or more administrative courts. provided that an appeal from the decision of the administrative courts shall lie to the highest court of the realm. rules governing this procedure shall be laid down by statute. in the performance of their duties the judges shall be directed solely by the law. judges shall not be dismissed except by judgment, nor shall they be transferred against their will, except in the instances where a rearrangement of the courts of justice is made. however, a judge who has completed his sixty-fifth year may be retired, but without 1088 of income up to the time when he is due for retirement on account of age. 65 in the administration of justice all proceedings shall be public and oral to the widest possible extent. laymen shall take part in criminal procedure. the cases and the form in which such participation shall take place, including what cases are to be tried by jury, shall be provided for by statute. part vii the constitution of the established church shall be laid down by statute. the citizens shall be entitled to form congregations for the worship of god in a manner consistent with their convictions, provided that nothing at variance with good morals or public order shall be taught or done. no one shall be liable to make personal contributions to any denomination other than the one to which he adheres. rules for religious bodies dissenting from the established church shall be laid down by statute. no person shall for reasons of his creed or descent be deprived of access to complete enjoyment of his civic and political rights, nor shall he for such reasons evade compliance with any common civic duty. part viii 71 personal liberty shall be inviolable. no danish subject shall in any manner whatever be deprived of his liberty because of his political or religious convictions or because of his descent. a person shall be deprived of his liberty only where this is warranted by law. any person who is taken into custody shall be brought before a judge within twenty-four hours. where the person taken into custody cannot be released immediately, the judge shall decide, stating the grounds in an order to be given as soon as possible and at the latest within three days, whether the person taken into custody shall be committed to prison, and in cases where he can be released on bail, the judge shall determine the nature and amount of such bail. this provision may be departed from by statute as far as greenland is concerned, if for local considerations such departure may be deemed necessary. the finding given by the judge may at once be separately appealed against by the person concerned to a higher court of justice. no person shall be remanded for an offense that can involve only punishment consisting of a fine or mitigated imprisonment. outside criminal procedure the legality of deprivation of liberty which is not by order of a judicial authority, and which is not warranted by the legislation dealing with aliens, shall at the request of the person who has been deprived of his liberty, or at the request of any person acting on his behalf, be brought before the ordinary courts of justice or other judicial authority for decision. rules governing this procedure shall be provided by statute. the persons mentioned in subsection (6) shall be under supervision by a board set up by the folketing, to which board the persons concerned shall be permitted to apply. the dwelling shall be inviolable. house searching, seizure, and examination of letters and other papers as well as any breach of the secrecy to be observed in postal, telegraph, and telephone matters shall take place only under a judicial order unless particular exception is warranted by statute. 73 the right of property shall be inviolable. no person shall be ordered to cede his property except where required by the public weal. it can be done only as provided by statute and against full compensation. where a bill relating to the expropriation of property has been passed, one-third of the members of the folketing may within three week-days from the final passing of such bill, demand that it shall not be presented for the royal assent until new elections to the folketing have been held and the bill has again been passed by the folketing assembling thereupon. any question of the legality of an act of expropriation and the amount of compensation may be brought before the courts of justice. the hearing of issues relating to the amount of the compensation may by statute be referred to courts of justice established for such purpose. any restraint of the free and equal access to trade which is not based on the public weal, shall be abolished by statute. 75 in order to advance the public weal efforts should be made to afford work to every able-bodied citizen on terms that will secure his existence. any person unable to support himself or his dependents shall, where no other person is responsible for his or their maintenance, be entitled to receive public assistance, provided that he shall comply with the obligations imposed by statute in such respect. all children of school age shall be entitled to free instruction in the elementary schools. parents or guardians who themselves arrange for their children or wards receiving instruction equal to the general elementary school standard, shall not be obliged to have their children or wards taught in an elementary school. any person shall be entitled to publish his thoughts in printing, in writing, and in speech, provided that he may be held answerable in a court of justice. censorship and other preventive measures shall never again be introduced. 78 the citizens shall be entitled without previous permission to form associations for any lawful purpose. associations employing violence, or aiming at attaining their object by violence, by instigation to violence, or by similar punishable influence on people of other views, shall be dissolved by judgment. no association shall be dissolved by any government measure. however, an association may be temporarily prohibited, provided that proceedings be immediately taken against it for its dissolution. cases relating to the dissolution of political associations may without special permission be brought before the highest court of justice of the realm. the legal effects of the dissolution shall be determined by statute. the citizens shall without previous permission be entitled to assemble unarmed. the police shall be entitled to be present at public meetings. open-air meetings may be prohibited when it is feared that they may constitute a danger to the public peace. in case of riots the armed forces, unless attacked, may take action only after the crowd in the name of the king and the law has three times been called upon to disperse, and such warning has been unheeded. every male person able to carry arms shall be liable with his person to contribute to the defense of his country under such rules as are laid down by statute. the right of the municipalities to manage their own affairs independently under the supervision of the state shall be laid down by statute. all privileges by legislation attached to nobility, title, and rank shall be abolished. in future no fiefs, estates tail in laud or estates tail in personal property shall be created. the provisions of sections 71, 78, and 79 shall only be applicable to the defense forces subject to such limitations as are consequential to the provisions of military laws. part ix the age qualification for local government electors and congregational council electors shall be that applying at any time to folketing electors. with reference to the faeroe islands and greenland the age qualification for local government electors and congregational council electors shall be such as may be provided for by statute or fixed in accordance with statute. citizens of iceland who enjoy equal rights with citizens of denmark under the danish-icelandic union (abolition), etc. act, shall continue to enjoy the rights attached to danish citizenship under the provisions of the constitution act. part x when the folketing passes a bill for the purposes of a new constitutional provision, and the government wishes to proceed with the matter, writs shall be issued for the election of members of a new folketing. if the bill is passed unamended by the folketing assembling after the election, the bill shall within six months after its final passing be submitted to the electors for approval or rejection by direct voting. rules for this voting shall be laid down by statute. if a majority of the persons taking part in the voting, and at least 40 per centum of the electorate has voted in favor of the bill as passed by the folketing, and if the bill receives the royal assent it shall form an integral part of the constitution act. part xi this constitution act shall come into operation at once. provided that the rigsdag last elected under the constitution of the kingdom of denmark act, 6th june, 1915, as amended on the 10th september, 1920, shall continue to exist until a general election has been held in accordance with the rules laid down in part iv. until a general election has been held the provisions laid down for the rigsdag in the constitution of the kingdom of denmark act, 5th june, 1915, as amended on the both september, 1920, shall remain in force. the succession to the throne act. (amended in 2009) the throne shall be inherited by the descendants of king christian x and queen alexandrine. on the demise of a king the throne shall pass to his son or daughter so that the eldest child shall take precedence of a younger child. where one of the king or the queen regnant's children has died the issue of the deceased shall take his place in accordance with the lineal descent and the rules laid down in subsection 1. on the demise of a king or a queen regnant who has left no issue entitled to succeed to-the throne, the throne shall pass to his brother or sister. where the king or the queen regnant has one or more brothers or one or more sisters, or where any of his brothers or sisters have died, the rules of section 2 shall apply correspondingly. where there is no person entitled to succeed to the throne under the rules of sections 2 and 3, the throne shall pass to the then nearest collateral line of the descendants of king christian x and queen alexandrine in accordance with the lineal descent, and with preference for the elder over the younger as laid down in sections 2 and 3. only children born of lawful marriage shall be entitled to succeed to the throne. the king or the queen regnant shall not enter into marriage without the consent of the folketing. where a person entitled to succeed to the throne enters into marriage without the consent of the king or queen regnant given in the council of state, the person in question shall forfeit his right of succession to the throne for himself and the children born of the marriage and for their issue. the provisions of sections 2-5 shall apply correspondingly in the case of the abdication of a king or a queen regnant. this act shall come into operation at the same time as the constitution of the kingdom of denmark act, 5th june, 1953. preamble we the people of kiribati, acknowledging god as the almighty father in whom we put our trust, and with faith in the enduring value of our traditions and heritage, do now grant ourselves this constitution establishing a sovereign democratic state. in implementing this constitution, we declare that— the will of the people shall ultimately be paramount in the conduct of the government of kiribati; the principles of equality and justice shall be upheld; the natural resources of kiribati are vested in the people and their government; we shall continue to cherish and uphold the customs and traditions of kiribati. chapter i. the republic and the constitution 1. declaration of republic kiribati is a sovereign democratic republic. 2. constitution is supreme law this constitution is the supreme law of kiribati and if any other law is inconsistent with this constitution, that other law shall, to the extent of the inconsistency, be void. chapter ii. protection of fundamental rights and freedoms of the individual 3. fundamental rights and freedoms of the individual whereas every person in kiribati is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely— life, liberty, security of the person and the protection of the law; freedom of conscience, of expression and of assembly and association; and protection for the privacy of his home and other property and from deprivation of property without compensation, the provisions of this chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations on that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. 4. protection of right to life no person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence under the law in force in kiribati of which he has been convicted. a person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable— for the defence of any person from violence or for the defence of property; in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; for the purpose of suppressing a riot, insurrection or mutiny; or in order to prevent the commission by that person of a criminal offence, or if he dies as the result of a lawful act of war. 5. protection of right to personal liberty no person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say— in consequence of his unfitness to plead to a criminal charge; in execution of the sentence or order of a court, whether established for kiribati or some other country, in respect of a criminal offence of which he has been convicted; in execution of the order of a court of record punishing him for contempt of that court or of a court inferior to it; in execution of the order of a court made to secure the fulfilment of any obligation imposed on him by law; for the purpose of bringing him before a court in execution of the order of a court; upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law in force in kiribati; in the case of a person who has not attained the age of eighteen years, under the order of a court or with the consent of his parent or guardian, for the purpose of his education or welfare; for the purpose of preventing the spread of an infectious or contagious disease; in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community; for the purpose of preventing the unlawful entry of that person into kiribati, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from kiribati or for the purpose of restricting that person while he is being conveyed through kiribati in the course of his extradition or removal as a convicted prisoner from one country to another; or to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within kiribati or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person relating to the making of any such order, or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of kiribati in which, in consequence of any such order, his presence would otherwise be unlawful. any person who is arrested or detained shall be informed as soon as reasonably practicable, and in a language that he understands, of the reasons for his arrest or detention. any person who is arrested or detained— for the purpose of bringing him before a court in execution of the order of a court; or upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law in force in kiribati, and who is not released, shall be brought without undue delay before a court; and if any person arrested or detained upon reasonable suspicion of his having committed or being about to commit a criminal offence is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial. any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person. 6. protection from slavery and forced labour no person shall be held in slavery or servitude. no person shall be required to perform forced labour. for the purposes of this section, the expression “forced labour” does not include— any labour required in consequence of the sentence or order of a court; any labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained; any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a disciplined force, any labour that that person is required by law to perform in place of such service; any labour required during any period of public emergency or in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation; or any labour reasonably required as part of reasonable and normal communal or other civic obligations. 7. protection from inhuman treatment no person shall be subjected to torture or to inhuman or degrading punishment or other treatment. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorises the infliction of any description of punishment that was lawful in kiribati immediately before the coming into operation of this constitution. 8. protection from deprivation of property no property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except where the following conditions are satisfied, that is to say— the taking of possession or acquisition is necessary or expedient in the interests of defence, public safety, public order, public morality, public health, town or country planning or the development or utilisation of any property for a public purpose; and there is reasonable justification for the causing of any hardship that may result to any person having an interest in or right over the property; and provision is made by a law applicable to that taking of possession or acquisition— for the payment of adequate compensation within a reasonable time; and securing to any person having an interest in or right over the property a right of access to the high court, whether direct or on appeal from any other authority, for the determination of his interest or right, the legality of the taking of possession or acquisition of the property, interest or right and the amount of any compensation to which he is entitled, and for the purpose of obtaining that compensation. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section— to the extent that the law in question makes provision for the taking of possession or acquisition of any property— in satisfaction of any tax, rate or duty; by way of penalty for breach of the law of forfeiture in consequence of a breach of the law; as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract; in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations; in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or injurious to the health of human beings, animals or plants; in consequence of any law with respect to the limitation of actions or acquisitive prescription; for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, the carrying out thereon— of work of soil conservation or of conservation of other natural resources; or of work relating to agricultural development or improvement which the owner or occupier of the land has been required, and has without reasonable excuse refused or failed, to carry out; or pursuant to rights granted to any person to prospect for or mine minerals where the law in question makes reasonable provision for the payment of royalties and provides for adequate compensation for disturbance of surface rights, except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society; or to the extent that the law in question makes provision for the taking of possession or acquisition of— enemy property; property of a deceased person, a person of unsound mind, a person who has not attained the age of eighteen years or a person who is absent from kiribati, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein; property of a person declared to be insolvent or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the insolvent or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; or property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust. nothing in this section shall be construed as affecting the making or operation of any law for the compulsory taking of possession in the public interest of any property, or the compulsory acquisition in the public interest of any interest in or right over property, where that property, interest or right is held by a body corporate established for public purposes by any law and in which no moneys have been invested other than moneys provided by the government. 9. protection for privacy of home and other property except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision— in the interests of defence, public safety, public order, public morality, public health, town or country planning, the development or utilisation of mineral resources, or the development or utilisation of any other property in such a manner as to promote the public benefit; for the purpose of protecting the rights or freedoms of other persons; for the purpose of authorising an officer or agent of the government, a local government council or a body corporate established by law for a public purpose to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or duty or in order to carry out work connected with any property that is lawfully on those premises and that belongs to that government, council or body corporate, as the case may be; for the purpose of authorising the entry upon any premises in pursuance of an order of a court for the purpose of enforcing the judgment or order of a court in any proceedings; or for the purpose of authorising the entry upon any premises for the purpose of preventing or detecting criminal offences, and except so far as that provision or, as the case may be, anything done under the authority thereof is shown not to be reasonably justifiable in a democratic society. 10. provisions to secure protection of law if any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law. every person who is charged with a criminal offence— shall be presumed to be innocent until he is proved or has pleaded guilty; shall be informed as soon as reasonably practicable, in detail and in a language that he understands, of the nature of the offence charged; shall be given adequate time and facilities for the preparation of his defence; shall be permitted to defend himself before the court in person or, at his own expense, by a representative of his own choice; shall be afforded facilities to examine in person or by his representative the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge, and, except with his own consent, the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence. when a person is tried for any criminal offence, the accused person or any person authorised by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court. no person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed. no person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal. no person shall be tried for a criminal offence if he shows that he has been pardoned for that offence. no person who is tried for a criminal offence shall be compelled to give evidence at the trial. any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established or recognised by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other adjudicating authority, the case shall be given a fair hearing within a reasonable time. except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other adjudicating authority, including the announcement of the decision of the court or other authority, shall be held in public. nothing in the preceding subsection shall prevent the court or other adjudicating authority from excluding from the proceedings persons other than the parties thereto and their representatives to such extent as the court or other authority— may by law be empowered so to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory proceedings or in the interests of decency, public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings; or may by law be empowered or required so to do in the interests of defence, public safety or public order. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of— subsection (2)(a) of this section to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts; subsection (2)(e) of this section to the extent that the law in question imposes reasonable conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or subsection (5) of this section to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law. in this section “criminal offence” means a criminal offence under the law in force in kiribati. 11. protection of freedom of conscience except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance. every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education which it wholly maintains. no religious community shall be prevented from providing religious instruction for persons of that community in the course of any education provided at any place of education which it wholly maintains or in the course of any education which it otherwise provides. except with his own consent (or, if he is a person who has not attained the age of eighteen years, the consent of his guardian) no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion other than his own. no person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision which is reasonably required— in the interests of defence, public safety, public order, public morality or public health; or for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion without the unsolicited intervention of members of any other religion, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. references in this section to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly. 12. protection of freedom of expression except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of this section the said freedom includes the freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference and freedom from interference with his correspondence. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision— in the interests of defence, public safety, public order, public morality or public health; for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, or regulating the administration or the technical operation of telephony, telegraphy, posts, wireless or broadcasting; or that imposes restrictions upon public employees, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. 13. protection of freedom of assembly and association except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to associations for the advancement or protection of his interests. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision— in the interests of defence, public safety, public order, public morality or public health; for the purpose of protecting the rights or freedoms of other persons; or that imposes restrictions upon public employees, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. 14. protection of freedom of movement no person shall be deprived of his freedom of movement, and for the purposes of this section the said freedom means the right to move freely throughout kiribati, the right to reside in any part of kiribati, the right to enter and to leave kiribati and immunity from expulsion from kiribati. any restriction on a person’s freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this section. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision— for the imposition of restrictions on the movement or residence within kiribati of any person or on any person’s right to leave kiribati that are reasonably required in the interests of defence, public safety or public order; for the imposition of restrictions on the movement or residence within kiribati or on the right to leave kiribati of persons generally or any class of persons that are reasonably required in the interests of defence, public safety, public order, public morality, public health, environmental conservation or in fulfilment of the international treaty obligations of kiribati; for the imposition of restrictions on the movement or residence within kiribati of any person who is not a citizen of kiribati or the exclusion or expulsion from kiribati of any such person; for the imposition of restrictions on the acquisition or use by any person of land or other property in kiribati; for the imposition of restrictions upon the movement or residence within kiribati of public employees that are reasonably required for the purpose of ensuring the proper performance of their functions; for the removal of a person from kiribati to be tried or punished in some other country for a criminal offence under the law of that other country or to undergo imprisonment in that other country in execution of the sentence of a court in respect of a criminal offence under the law in force in kiribati of which he has been convicted; for the imposition of restrictions, by order of a court, on the movement or residence within kiribati of any person or on any person’s right to leave kiribati either in consequence of his having been found guilty of a criminal offence under the law of kiribati or for the purpose of ensuring that he appears before a court at a later date for trial or for proceedings relating to his extradition or lawful removal from kiribati; or for the imposition of restrictions on the right of any person to leave kiribati in order to secure the fulfilment of any obligations imposed upon that person by law, except so far as the provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. if any person whose freedom of movement has been restricted by virtue only of such a provision as is referred to in subsection (3)(a) of this section so requests at any time during the period of that restriction not earlier than six months after he last made such a request during that period, his case shall be reviewed by an independent and impartial tribunal. on any review by a tribunal in pursuance of the preceding subsection of the case of a person whose freedom of movement has been restricted, the tribunal may make recommendations concerning the necessity or expediency of continuing the restriction to the authority by which it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations. 15. protection from discrimination on the grounds of race, etc subject to the provisions of subsections (4), (5) and (8) of this section, no law shall make any provision that is discriminatory either of itself or in its effect. subject to the provisions of subsections (6), (7) and (8) of this section, no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority. in this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description. subsection (1) of this section shall not apply to any law so far as that law makes provision— for the imposition of taxation or the appropriation of revenue by the government or any local authority or body for local purposes; with respect to persons who are not citizens of kiribati; for the application, in the case of persons of any such description as is mentioned in the preceding subsection (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law applicable to persons of that description; with respect to land, the tenure of land, the resumption and acquisition of land and other like purposes; or whereby persons of any such description as is mentioned in the preceding subsection may be subjected to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society. nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to race, place of origin, political opinions, colour or creed) to be required of any person who is appointed to any office in the public service, any office in a disciplined force, any office in the service of a local government council or any office in a body corporate established directly by any law for public purposes. subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (4) or (5) of this section. subsection (2) of this section shall not affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this constitution or any other law. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 9, 11, 12, 13, and 14 of this constitution, being such a restriction as is authorised by section 9 (2), 11 (6), 12 (2), 13 (2), or 14 (3), as the case may be. nothing contained in or done under the authority of any law shall be held to be inconsistent with the provisions of this section— if that law was in force immediately before the coming into operation of this constitution and has continued in force at all times since the coming into operation of this constitution; or to the extent that the law repeals and re-enacts any provision which has been contained in any enactment at all times since immediately before the coming into operation of this constitution. 16. provisions for periods of public emergency in this chapter “period of public emergency” means any period during which— kiribati is at war; or there is in force a proclamation made under this section. the beretitenti, acting in accordance with the advice of the cabinet, may at any time declare that a state of public emergency exists and make regulations for the purpose of dealing with the public emergency. any declaration or regulations under the preceding subsection shall be made by proclamation published at the office of the beretitenti. a proclamation made under this section, if not sooner revoked, shall cease to have effect at the expiration of three days (or, in the case of a proclamation made otherwise than during a meeting of the maneaba ni maungatabu, thirty days) from the date of publication unless it has in the meantime been approved by a resolution of the maneaba, and a proclamation that has been so approved shall remain in force so long as the resolution remains in force and no longer. nothing contained in or done under the authority of any law of regulation shall be held to be inconsistent with or in contravention of section 5, 6(2), 9, 11, 12, 13, 14 or 15 of this constitution to the extent that the law or regulation in question makes in relation to any period or public emergency provision, or authorises the doing during any such period of any thing, that is reasonably justifiable in the circumstances of any situation arising or existing during the period for the purpose of dealing with that situation. where a person is detained by virtue of such a law or regulation as is referred to in the preceding subsection, the following provisions shall apply, that is to say— he shall, as soon as reasonably practicable and in any case not more than ten days after the commencement of his detention, be furnished with a statement in writing, in a language that he understands, specifying in detail the grounds upon which he is detained; not more than fourteen days after the commencement of his detention, a notification shall be published at the office of the beretitenti stating that he has been detained and giving particulars of the provision of law under which his detention is authorised; not more than one month after the commencement of his detention and thereafter during his detention at intervals of not more than six months, his case shall be reviewed by an independent and impartial tribunal consisting of a chairman appointed by the chief justice and two other members appointed by the chief justice sitting with the public service commission; he shall be afforded reasonable facilities to consult a representative of his own choice who shall be permitted to make representations to the tribunal; and at the hearing of his case by the tribunal he shall be permitted to appear in person or through a representative of his own choice. on any review by a tribunal in pursuance of this section of the case of a detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by which it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations. nothing in subsection (6)(d) or (e) of this section shall be construed as entitling a person to representation at public expense. 17. enforcement of protective provisions subject to the provisions of subsection (5) of this section, if any person alleges that any of the provisions of sections 3 to 16 (inclusive) of this constitution has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person) then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the high court for redress. the high court shall have original jurisdiction— to hear and determine any application made by any person in pursuance of the preceding subsection; to determine any question arising in the case of any person which is referred to it in pursuance of the next following subsection, and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of sections 3 to 16 (inclusive) of this constitution: provided that the high court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under other provisions of this constitution or under any other law. if in any proceedings in any subordinate court any question arises as to the contravention of any of the provisions of sections 3 to 16 (inclusive) of this constitution, the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question to the high court unless, in his opinion, the raising of the question is merely frivolous or vexatious. the maneaba ni maungatabu may by law confer upon the high court powers additional to those conferred by this section for the purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by this section. rules of court making provision with respect to the practice and procedure of the high court in relation to the jurisdiction conferred on it by or under this section (including rules with respect to the time within which any application or reference shall or may be made or brought) may be made by the person or authority for the time being having power to make rules of court with respect to the practice and procedure of that court generally. 18. interpretation and savings in this chapter, unless the context otherwise requires— “contravention”, in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly; “court” means any court of law having jurisdiction in kiribati, other than a court established by a disciplinary law, and includes the judicial committee and in sections 4 and 6 of this constitution a court established by a disciplinary law; “disciplinary law” means a law regulating the discipline of any disciplined force; “disciplined force” means— the kiribati police; the prison service; the marine protection service; the marine training school; “member”, in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline. in relation to any person who is a member of a disciplined force of kiribati, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this chapter other than sections 4, 6 and 7. in relation to any person who is a member of a disciplined force that is not a disciplined force of kiribati and who is present in kiribati in pursuance of arrangements made between the government of kiribati and another government or an international organisation, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this chapter. no measures taken in relation to a person who is a member of a disciplined force of a country with which kiribati is at war and no law, to the extent that it authorises the taking of any such measures, shall be held to be inconsistent with or in contravention of any of the provisions of this chapter. chapter iii. citizenship 19. rights of persons of i-kiribati descent every person of i-kiribati descent shall have an inalienable right to enter and reside in kiribati and on independence day shall, as hereinafter provided, become or have and continue to have thereafter the right to become a citizen of kiribati. 20. persons born, naturalised or registered in kiribati before independence day every person of i-kiribati descent who, having been born in kiribati, is on the day prior to independence day a citizen of the united kingdom and colonies shall become a citizen of kiribati on independence day. every person not of i-kiribati descent who, having been born in kiribati, is an eligible person shall become a citizen of kiribati on independence day. every person who is of i-kiribati descent or an eligible person and who acquired the status of citizen of the united kingdom and colonies under the british nationality acts 1948 to 1965 [fn: 1948 c. 56; 1958 c. 10; 1964 c. 22; 1964 c. 54; 1965 c. 34.] by virtue of having been naturalised or registered under those acts, or naturalised as a british subject before 1949, while resident in kiribati, shall become a citizen of kiribati on independence day. 21. persons born outside kiribati before independence day every person of i-kiribati descent who having been born outside kiribati is on the day prior to independence day a citizen of the united kingdom and colonies shall, if his father becomes or would but for his death or renunciation of his citizenship of the united kingdom and colonies have become a citizen of kiribati by virtue of subsection (1) or (3) of the preceding section, become a citizen of kiribati on independence day. every person not of i-kiribati descent who having been born outside kiribati is an eligible person shall, if his father becomes or would but for his death have become a citizen of kiribati by virtue of subsection (2) or (3) of the preceding section, become a citizen of kiribati on independence day. 22. wives of persons who become citizens on independence day every woman who, having been married to a person who becomes, or would but for his death or renunciation of his citizenship of the united kingdom and colonies have become, a citizen of kiribati by virtue of section 20 or 21 of this constitution, acquired the status of citizen of the united kingdom and colonies, automatically or by registration, on the grounds of that marriage and who possesses that status on the day prior to independence day, shall become a citizen of kiribati on independence day. 23. persons entitled to be registered as citizens every person of i-kiribati descent who does not become a citizen of kiribati on independence day by virtue of section 20, 21 or 22 of this constitution shall, at any time thereafter, be entitled upon making application in such manner as may be prescribed to be registered as a citizen of kiribati. 24. avoidance of dual nationality any person, other than a person of i-kiribati descent, who— has attained the age of eighteen years before independence day; becomes a citizen of kiribati by virtue of section 20 or 21 of this constitution; and is on independence day a national of some other country, shall cease to be a citizen of kiribati at the expiry of a period of two years after independence day or such longer period as may be prescribed, unless before the expiry of that period he has renounced or lost his nationality of that other country or, if the law of that other country makes no provision for or does not permit him to renounce his nationality of that other country, made such a declaration as may be prescribed. 25. persons born after the day prior to independence day every person born in kiribati after the day prior to independence day shall become a citizen of kiribati at the date of his birth unless on that date, not being a person of i-kiribati descent or a person whose father is a citizen of kiribati, he becomes a citizen of some other country: provided that a person shall not become a citizen of kiribati by virtue of this subsection if at the time of his birth— his father possesses such immunity from suit and legal process as is accorded to any envoy of a foreign sovereign power accredited to kiribati and neither of his parents is a citizen of kiribati; or his father is a citizen of a country with which kiribati is at war and the birth occurs in a place then under occupation of such country. every person born outside kiribati after the day prior to independence day shall become a citizen of kiribati at the date of his birth if at that date his father is, or would but for his death have been, a citizen of kiribati. 26. marriage to citizens of kiribati any woman who after the day prior to independence day marries a person who is or becomes a citizen of kiribati shall be entitled, upon making application in such manner as may be prescribed, to be registered as a citizen of kiribati. 27. commonwealth citizens every person who under this constitution or any other law is a citizen of kiribati or under any enactment for the time being in force in any country to which this section applies is a citizen of that country shall, by virtue of that citizenship, have the status of a commonwealth citizen. every person who is a british subject without citizenship under the british nationality act 1948, continues to be a british subject under section 2 of that act or is a british subject under the british nationality act 1965 shall, by virtue of that status, have the status of a commonwealth citizen. save as may be otherwise provided by the maneaba in maungatabu the countries to which this section applies are australia, the bahamas, bangladesh, barbados, botswana, canada, cyprus, dominica, fiji, the gambia, ghana, grenada, guyana, india, jamaica, kenya, lesotho, malawi, malaysia, malta, mauritius, nauru, new zealand, nigeria, papua new guinea, saint lucia, seychelles, sierra leone, singapore, solomon islands, southern rhodesia, sri lanka, swaziland, tanzania, tonga, trinidad and tobago, tuvalu, uganda, the united kingdom and colonies, western samoa and zambia. 28. powers of the maneaba ni maungatabu the maneaba ni maungatabu may make provision— for the acquisition of citizenship of kiribati by persons who are not eligible or who are no longer eligible to become citizens of kiribati by virtue of this chapter; for the renunciation by any person of his citizenship of kiribati; for the maintenance of a register of citizens of kiribati who are also citizens of other countries; for depriving of his citizenship of kiribati— any person not of i-kiribati descent who is a citizen of kiribati otherwise than by virtue of this chapter; any other person not of i-kiribati descent who being a citizen of kiribati has after the day prior to independence day acquired another nationality. 29. interpretation for the purpose of this chapter— “a person of i-kiribati descent” means a person one of whose ancestors was born in kiribati before 1900; “an eligible person” means a person who on the day prior to independence day— is a citizen of the united kingdom and colonies, and has no other nationality, provided that— neither he, his father nor his father’s father was born in the united kingdom or was registered or naturalised in the united kingdom as a citizen of the united kingdom and colonies or a british subject; any reference to the father of a person shall, in relation to a person born out of wedlock, be construed as a reference to the mother of that person; a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country. for the purpose of the definition of “an eligible person” in subsection (1) (b) of this section, where a person has a nationality other than citizenship of the united kingdom and colonies he shall be deemed to have lost that other nationality if— the law of the country of that other nationality makes no provision for or does not permit him to renounce that nationality; and he has before independence day signed and delivered to the government of the gilbert islands a declaration that he no longer regards himself as having that other nationality and will not claim the benefits of that nationality and wishes to become a citizen of kiribati. chapter iv. the executive part i. the beretitenti 30. the office of beretitenti there shall be a president of kiribati, who shall be known as beretitenti. the beretitenti shall be the head of state and the head of government. 31. first beretitenti the first beretitenti shall be the person who immediately before independence day holds the office of chief minister under the constitution. the first beretitenti shall be deemed to have assumed office at the coming into operation of this constitution. 32. election of beretitenti nomination for and an election to the office of beretitenti shall be held in such manner as is prescribed by this section and, subject thereto, by or under law— as soon as practicable after the first sitting of the maneaba ni maungatabu following a general election and before proceeding on any bill; in the circumstances specified in section 35(4) of this constitution. the maneaba shall after the election of the speaker nominate, from among members of the maneaba, not less than three nor more than four candidates for election as beretitenti, and no other person may be a candidate. every person who is entitled to vote in a general election shall be entitled to vote in an election of beretitenti. a person elected to the office of beretitenti under this section shall assume that office on the day upon which he is declared elected. a person may assume office as beretitenti after election on not more than three occasions: provided that a person who assumes office as beretitenti under section 35(2) of this constitution may assume office as beretitenti on not more than two subsequent occasions. 33. tenure of office of beretitenti the beretitenti, unless he ceases to be beretitenti by virtue of this section or the next following section, shall continue in office until the person elected at the next election of beretitenti after a general election assumes office. the beretitenti shall cease to be beretitenti— if he resigns his office, by notice in writing addressed to the speaker; if a motion of no confidence in the beretitenti or the government is supported in the maneaba ni maungatabu by the votes of a majority of all the members of the maneaba; if, in respect of any matter before the maneaba, the beretitenti notifies the speaker that a vote on that matter raises an issue of confidence, and in a subsequent vote on that matter it is rejected by a majority of all the members of the maneaba; if he ceases to be a member of the maneaba otherwise than by reason of a dissolution of the maneaba; or in the circumstances specified in the next following section. 34. removal of beretitenti on grounds of incapacity if the maneaba ni maungatabu resolves, upon a motion supported by the votes of a majority of all the members thereof (other than the beretitenti), that the question of the mental or physical capacity of the beretitenti to discharge the functions of his office ought to be investigated, the speaker shall notify the chief justice who shall appoint a medical board consisting of not less than three persons who are qualified as medical practitioners under the law of kiribati or under the law of any other country in the commonwealth, and the board shall inquire into the matter and shall report to the maneaba stating the opinion of the board whether or not the beretitenti is, by reason of any infirmity of body or mind, incapable of discharging the functions of his office. if the maneaba, having received the report of the medical board, resolves by a majority of all the members of the maneaba (other than the beretitenti) that the beretitenti is, by reason of infirmity of body or mind, incapable of discharging the functions of his office, the beretitenti shall cease to hold office forthwith. 35. vacancy in the office of beretitenti if the office of beretitenti becomes vacant by reason of the beretitenti ceasing to hold office by virtue of paragraph (b) or (c) of section 33(2) of this constitution, the council of state shall perform the functions of beretitenti until the person elected at the next election of beretitenti following a general election assumes office. if the office of beretitenti becomes vacant for any other reason, the kauoman-ni-beretitenti shall assume the office of beretitenti and, if the maneaba ni maungatabu by resolution confirms his assumption of the office of beretitenti, he shall continue to hold such office until he ceases to be beretitenti under section 33 of this constitution. a person assuming the office of beretitenti under the preceding subsection shall, at the next following meeting of the maneaba, propose a motion for a resolution confirming his assumption of the office of beretitenti, and the motion shall be debated and decided at that meeting. if the assumption of the office of beretitenti by the kauoman-ni-beretitenti is not confirmed by the maneaba, an election to the office of beretitenti shall be held before proceeding on any bill and as soon as practicable in accordance with section 32 of this constitution, and the person who assumed the office of beretitenti under subsection (2) of this section shall cease to be beretitenti (unless he ceases sooner under section 33(2) of this constitution) when the person elected as beretitenti at that election assumes office. if the office of beretitenti becomes vacant during any period when the office of kauoman-ni-beretitenti is also vacant, the cabinet shall elect one of the ministers to assume the office of beretitenti under subsection (2) of this section, and the provisions of subsections (2), (3) and (4) of this section shall apply to that person as if he had been kauoman-ni-beretitenti. 36. discharge of functions of beretitenti during absence, illness, etc whenever the beretitenti is absent or considers it desirable so to do by reason of illness or accident he may, by directions in writing, authorise the kauoman-ni-beretitenti to discharge such of the functions of the office of beretitenti as he may specify and the kauoman-ni-beretitenti shall discharge those functions until his authority is revoked by the beretitenti. if the beretitenti is incapable by reason of illness or accident of discharging the functions of his office and the infirmity is of such a nature that the beretitenti is unable to authorise another person under this section to discharge those functions, the kauoman-ni-beretitenti shall discharge the functions of the office of beretitenti. any person discharging the functions of the office of beretitenti by virtue of the preceding subsection shall cease to discharge those functions if he is notified by the beretitenti that the beretitenti is about to resume those functions. it shall be a condition precedent to the discharge by the kauoman-ni-beretitenti of the functions of the office of beretitenti by virtue of subsection (2) of this section that the secretary to the cabinet shall have a certificate of a medical practitioner registered under the law of kiribati that the beretitenti is incapable by reason of illness or accident of discharging the functions of his office, and at the first cabinet meeting summoned thereafter the certificate shall be presented to the cabinet: provided that any such certificate shall cease to have effect if the beretitenti notifies any person under the preceding subsection that he is about to resume the functions of the office of beretitenti. 37. oath of beretitenti a person assuming the office of beretitenti shall, before entering upon the duties of that office, take and subscribe before the chief justice an oath in the form set out in schedule 1 to this constitution. 38. conduct of elections of beretitenti the chief justice shall have superintendence over elections to the office of beretitenti, which elections shall be conducted by the electoral commission. any question which may arise as to whether— any provision of this constitution or any law relating to the election of a beretitenti under section 32 of this constitution has been complied with; or any person has been validly elected under that section, shall be referred to and determined by the chief justice whose decision shall not be questioned in any court. part ii. the kauoman-ni-beretitenti 39. kauoman-ni-beretitenti there shall be a vice-president of kiribati, who shall be known as kauoman-ni-beretitenti. the beretitenti shall, as soon as practicable after assuming that office, appoint a kauoman-ni-beretitenti from among the ministers. the kauoman-ni-beretitenti shall cease to be kauoman-ni-beretitenti— if he resigns his office, by notice in writing addressed to the beretitenti; if he ceases to be a member of the maneaba ni maungatabu otherwise than by reason of a dissolution of the maneaba; if he is removed from office by the beretitenti; when the beretitenti who appointed him as kauoman-ni-beretitenti ceases to hold office as beretitenti following an election of beretitenti; or when the beretitenti ceases to hold office by virtue of paragraph (b) or (c) of section 33(2) of this constitution. the kauoman-ni-beretitenti shall, before entering upon the duties of his office, take and subscribe before the chief justice an oath in the form set out in schedule 1 to this constitution. if the kauoman-ni-beretitenti is absent from kiribati or is incapable by reason of illness or any other cause of discharging the functions of his office, the beretitenti shall appoint one of the other ministers to perform the functions of the office of kauoman-ni-beretitenti and any person so appointed shall discharge those functions accordingly until— his appointment is revoked by the beretitenti; he ceases to be a minister; or any person assumes the office of beretitenti. where the kauoman-ni-beretitenti is performing the functions of the office of beretitenti in accordance with section 36 of this constitution he may appoint one of the other ministers to perform the functions of the office of kauoman-ni-beretitenti and any person so appointed may discharge those functions accordingly until— his appointment is revoked by the kauoman-ni-beretitenti; he ceases to be a minister; or the kauoman-ni-beretitenti ceases to perform the functions of the office of beretitenti. during any period when, while the functions of the office of beretitenti are required under section 36(2) of this constitution to be discharged by the kauoman-ni-beretitenti, there is no kauoman-ni-beretitenti or the kauoman-ni-beretitenti is absent from kiribati or is incapable by reason of illness or accident of discharging the functions of his office and there is no subsisting appointment under the preceding subsection, the functions of the office of beretitenti shall be performed by such minister as the cabinet shall elect: provided that any person performing the functions of the office of beretitenti under this subsection shall not exercise the power of the beretitenti to remove the kauoman-ni-beretitenti from office. it shall be a condition precedent to the discharge of the functions of the office of beretitenti by the minister elected under the preceding subsection that the secretary to the cabinet shall have a certificate of a medical practitioner registered under the law of kiribati that the kauoman-ni-beretitenti is incapable by reason of illness or accident of discharging the functions of his office, and at the first cabinet meeting summoned thereafter the certificate shall be presented to the cabinet: provided that any such certificate shall cease to have effect if the beretitenti or the kauoman-ni-beretitenti notifies the minister elected under the preceding subsection that he is about to resume the functions of the office of beretitenti. part iii. the cabinet 40. the cabinet there shall be a cabinet which shall consist of the beretitenti, the kauoman-ni-beretitenti and not more than eleven other ministers, and the attorney-general. 41. the ministers the beretitenti shall, as soon as practicable after assuming that office, appoint the ministers from among members of the maneaba ni maungatabu. if occasion arises for making an appointment to the office of a minister while the maneaba is dissolved under section 78(2) of this constitution, the beretitenti may appoint as a minister a person who was a member of the maneaba before the dissolution. a minister shall cease to be a minister if— he resigns his office, by notice in writing addressed to the beretitenti; he ceases to be a member of the maneaba otherwise than by reason of a dissolution of the maneaba; he is removed from office by the beretitenti; any person assumes the office of beretitenti; or the beretitenti ceases to hold office by virtue of paragraph (b) or (c) of section 33(2) of this constitution. 42. attorney-general there shall be an attorney-general for kiribati who shall be the principal legal adviser to the government. the attorney-general shall be appointed, and may be removed from office, by the beretitenti. no person shall be qualified to hold or to act in the office of attorney-general unless he is qualified to practise in kiribati as an advocate in the high court. the attorney-general shall have power in any case in which he considers it desirable to do so— to institute and undertake criminal proceedings against any person before any court established for kiribati in respect of any offence alleged to have been committed by that person; to intervene in, take over and continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority. the attorney-general shall exercise all such functions as may be from time to time conferred upon him by law. the powers of the attorney-general under subsection (4) or (5) of this section may be exercised by him in person or by officers subordinate to him acting in accordance with his general or specific instructions. subject to the provisions of the preceding subsection, the powers conferred on the attorney-general by subsection (4)(b) and (c) of this section shall be vested in him to the exclusion of any other person or authority: provided that where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the court. in the exercise of the functions vested in him by subsection (4) of this section the attorney-general shall not be subject to the direction or control of any other person or authority. for the purposes of this section, any appeal from any judgment in any criminal proceedings before any court, or any case stated or question of law reserved for the purpose of any such proceedings, to any other court shall be deemed to be part of those proceedings: provided that the power conferred on the attorney-general by subsection (4)(c) of this section shall not be exercised in relation to any appeal by a person convicted in any criminal proceedings or to any case stated or question of law reserved at the instance of such a person. 43. oath of cabinet members a member of the cabinet shall, before entering upon the duties of his office, take and subscribe before the chief justice an oath in the form set out in schedule 1 to this constitution. 44. secretary to the cabinet there shall be a secretary to the cabinet whose office shall be a public office. the secretary to the cabinet shall be responsible, in accordance with such instructions as may be given to him by the cabinet, for arranging the business for, and keeping the minutes of, the cabinet and for conveying the decisions of the cabinet to the appropriate person or authority, and shall have such other functions as the cabinet or the beretitenti may direct. part iv. executive functions 45. executive authority of kiribati the executive authority of kiribati shall vest in the cabinet, which shall be collectively responsible to the maneaba ni maungatabu for the executive functions of the government. 46. functions of beretitenti in the exercise of any function conferred upon him by this constitution or any other law the beretitenti shall, unless it is otherwise provided, act in his own deliberate judgment and shall not be obliged to follow the advice tendered by any other person or authority. where the beretitenti is by this constitution or any other law directed to exercise any function in accordance with the advice of any person or authority, he may, before acting in accordance with such advice, once refer it back for reconsideration by the person or authority concerned. 47. functions of ministers the kauoman-ni-beretitenti and each of the other ministers shall be responsible for such business of the government (including the administration of any department of government) as the beretitenti may assign to him. where any minister has been charged with responsibility for the administration of any department of government, he shall exercise direction and control over that department and, subject to such direction and control, the department shall be under the supervision of the secretary to the department, whose office shall be a public office. 48. proceedings in cabinet the cabinet shall be summoned by the beretitenti. the beretitenti shall, so far as is practicable, attend and preside at all meetings of the cabinet. no business except that of adjournment shall be transacted in the cabinet if objection is taken by any member present that there are less than five members present. subject to the provisions of the preceding subsection, the cabinet shall not be disqualified for the transaction of business by reason of any vacancy in its membership, and any proceedings of the cabinet shall be valid notwithstanding that some person who was not entitled to do so took part in those proceedings. the beretitenti shall decide what business shall be considered at any meeting of the cabinet. the person presiding in the cabinet may summon any person to a meeting of the cabinet, notwithstanding that that person is not a member of the cabinet, when in the opinion of the person presiding the business before the cabinet makes the presence of that person desirable. 49. council of state there shall be a council of state, which shall consist of the persons for the time being holding or acting in the offices of chairman of the public service commission, who shall be chairman, chief justice and speaker. in the event of the beretitenti ceasing to hold office in the circumstances specified in paragraph (b) or (c) of section 33(2) of this constitution, the council of state shall perform the functions of the beretitenti and the other executive functions of the government until the person elected at the next election of beretitenti following a general election assumes office. 50. prerogative of mercy the beretitenti, acting in accordance with the advice of the cabinet, may— grant to any person concerned in or convicted of any offence against the law in force in kiribati a pardon, either free or subject to lawful conditions; grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence; substitute a less severe form of punishment for any punishment imposed on any person for any offence; and remit the whole or part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the government on account of any offence. 51. constitution of offices subject to the provisions of this constitution and of any act, the powers of constituting and abolishing public offices for kiribati shall vest in the beretitenti, acting in accordance with the advice of the cabinet. chapter v. the legislature part i. composition 52. establishment of maneaba ni maungatabu there shall be a legislature for kiribati which shall be known as the maneaba ni maungatabu and shall consist of a single chamber. 53. composition of maneaba subject to the provisions of this section, the maneaba ni maungatabu shall be composed of— thirty-five elected members; the member provided for in section 117 of this constitution; and if he is not an elected member, the attorney-general as an ex officio member. a person who assumes the office of beretitenti in accordance with this constitution shall not, by reason of the fact that he holds that office, cease to be a member of the maneaba. where a person who assumes the office of beretitenti in accordance with this constitution is, at the time of assuming that office, the member of the maneaba for an electoral district entitled to be represented by only one member, a by-election shall be held in that electoral district, within three months of that person assuming the office of beretitenti, for the election of one additional member of the maneaba. the number of elected members of the maneaba may be altered by the maneaba in accordance with section 63 of this constitution. 54. election of elected members subject to the provisions of this constitution, the elected members of the maneaba ni maungatabu shall be elected in such manner as may be prescribed. for the purpose of the election of the elected members of the maneaba, electoral districts shall be established within kiribati having such boundaries and such number of elected representatives as may be prescribed. until such time as it is otherwise provided under this constitution. kiribati shall be divided into twenty-three electoral districts the respective boundaries and number of elected representatives of which shall be the same as those prescribed in the elections ordinance 1977 [fn: no. 12 of 1977.] for the twenty-three electoral districts established by that ordinance. 55. qualifications for elected membership subject to the provisions of the next following section and of section 118(1) of this constitution, a person shall be qualified to be elected as an elected member of the maneaba ni maungatabu if, and shall not be so qualified unless— he is a citizen of kiribati; and he has attained the age of twenty-one years. 56. disqualifications for elected membership no person shall be qualified to be elected as an elected member of the maneaba ni maungatabu who— is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state; is in lawful detention by reason of his having been certified to be insane or otherwise adjudged to be of unsound mind under any law in force in kiribati; is under sentence of death imposed on him by a court in any part of the commonwealth, or is serving a sentence of imprisonment (by whatever name called) for a term of or exceeding twelve months, imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court; is disqualified from membership of the maneaba under any law in force in kiribati relating to offences connected with elections; holds, or is acting in, any office the functions of which involve any responsibility for, or in connection with, the conduct of any election or the compilation or revision of any electoral register; or subject to such exemptions as may be prescribed by any law in force in kiribati, holds, or is acting in, any public office. for the purposes of paragraph (c) of the preceding subsection— two or more terms of imprisonment that are required to be served consecutively shall be regarded as a single term of imprisonment for the aggregate period of those terms; and no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine. no person shall be disqualified to be elected as an elected member of the maneaba by virtue of subsection (1)(a) of this section by reason only that he possesses the nationality of a state other than kiribati. 57. tenure of office of elected members subject to the provisions of section 118(2) of this constitution, the seat of an elected member of the maneaba ni maungatabu shall become vacant— on a dissolution of the maneaba; if he is absent from the sittings of the maneaba for such period and in such circumstances as may be prescribed in the rules of procedure of the maneaba; if he resigns his seat, by notice in writing addressed to the speaker; if he ceases to be a citizen of kiribati; if any circumstances arise which, if he were not a member of the maneaba, would cause him to be disqualified for election thereto by virtue of paragraph (a), (b), (d), (e) or of subsection (1) of the preceding section; in the circumstances specified in the next following section; or in the circumstances specified in section 59 of this constitution. 58. vacation of seat on sentence subject to the provisions of this section, if an elected member of the maneaba ni maungatabu is sentenced by a court in any part of the commonwealth to death or to imprisonment (by whatever name called), and serves any part of such a sentence of imprisonment, he shall forthwith cease to discharge his functions as a member of the maneaba, and his seat in the maneaba shall become vacant at the expiration of a period of thirty days thereafter: provided that the speaker may, at the request of the member, from time to time extend that period of thirty days to enable the member to pursue any appeal in respect of his conviction or sentence, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be granted without the approval of the maneaba signified by resolution. if at any time before the member vacates his seat he receives a free pardon or his conviction is set aside or a punishment other than imprisonment is substituted, his seat in the maneaba shall not become vacant under the preceding subsection and he may again discharge his functions as a member of the maneaba. 59. vacation of seat after petition and referendum subject to the provisions of subsections (6) and (7) of this section, if the speaker receives a petition calling for the removal of an elected member of the maneaba ni maungatabu signed by a majority of the persons who were registered as electors, at the time of the last election of that member, in the electoral district from which that member was last elected, he shall send the petition forthwith to the electoral commission. the electoral commission shall, as soon as practicable after receipt of a petition under the preceding subsection, conduct a referendum to determine whether the member named in the petition should vacate his seat in the maneaba. no person shall be entitled to vote in a referendum under this section unless he was registered as an elector, at the time of the last election of the member named in the petition, in the electoral district from which that member was last elected. if in a referendum under this section a majority of those entitled to vote in that referendum vote for the removal from the maneaba of the member named in the petition, that member shall vacate his seat in the maneaba forthwith. where a member vacates his seat in the maneaba under the preceding subsection, a by-election shall be held within three months (unless the maneaba is sooner dissolved) to fill that seat in the maneaba. no action shall be taken on a petition delivered to the speaker under this section until the expiration of six months following— the last occasion on which the member named in the petition was elected to the maneaba; or the date of any referendum held under this section which determined that the member named in the petition was not required to vacate his seat in the maneaba under subsection (4) of this section. this section shall not apply to a member of the maneaba during any period when he is holding or acting in the office of beretitenti, kauoman-ni-beretitenti or any other minister, or attorney-general. 60. determination of questions as to membership the high court shall have jurisdiction to hear and determine any question whether— any person has been validly elected as a member of the maneaba ni maungatabu; or any elected member of the maneaba has vacated his seat therein or is required by virtue of section 58 of this constitution to cease to perform his functions as a member. an application to the high court for the determination of— any question under paragraph (a) of the preceding subsection may be made by any person entitled to vote in the electoral district, and at the election, to which the application relates or by any person who was a candidate in that district at that election or by the attorney-general; any question under paragraph (b) of the preceding subsection may be made by any person entitled to vote at an election in the electoral district for which the member concerned was returned or by any elected member of the maneaba or by the attorney-general: provided that if such an application is made by a person other than the attorney-general, the attorney-general may intervene and may then appear or be represented in the proceedings. the maneaba may make provision with respect to— the circumstances and manner in which and the imposition of conditions upon which any application may be made to the high court for the determination of any question under subsection (1) of this section; and the powers, practice and procedure of the high court in relation to any such application. no appeal shall lie from any decision of the high court in proceedings under subsection (1) of this section. 61. penalty for sitting or voting whilst unqualified any person who sits or votes in the maneaba ni maungatabu knowing or having reasonable grounds for knowing that he is not entitled to do so shall be liable to a penalty not exceeding twenty dollars for each day upon which he so sits or votes. any such penalty shall be recoverable by civil action in the high court at the suit of the attorney-general. 62. electoral commission there shall be an electoral commission consisting of a chief electoral commissioner and not less than two nor more than four commissioners. the members of the commission shall be appointed by the beretitenti, acting in accordance with the advice of the cabinet. the name of any person appointed as a member of the commission shall be laid before the maneaba ni maungatabu within forty-eight hours of the day on which the next meeting of the maneaba commences, and each appointment shall stand unless the maneaba by resolution rejects it. a person shall not be qualified for appointment as a member of the commission if he is a member of the maneaba, and no person shall be qualified for appointment as chief electoral commissioner unless he is a judge or magistrate in kiribati. a member of the commission shall vacate his office— at the expiration of five years after the date of his appointment; or if any circumstances arise that, if he were not a member of the commission, would cause him to be disqualified for appointment as such. 63. functions of electoral commission the electoral commission shall have general responsibility for, and shall supervise, the registration of electors for the election of members of the maneaba ni maungatabu and the conduct of elections of such members and of referenda under this constitution, and the commission shall have such other functions relating to such registration, elections and referenda as may be prescribed. the commission shall have responsibility for the conduct of elections to the office of beretitenti under the supervision of the chief justice. the commission shall, at intervals of not more than four years, review the number of electoral districts, the boundaries of those districts, and the number of members of the maneaba to be elected to represent each electoral district, taking account of— the most recent census data for citizens of kiribati, subject to the provisions of section 118(4) of this constitution; and the movement of people within kiribati. having conducted a review in accordance with the preceding subsection, the commission shall make recommendations to the maneaba. the maneaba may approve or reject the recommendations of the commission under the preceding subsection but may not vary them; and, if so approved, the chairman of the commission shall thereupon by order under this constitution make provision for the recommendations as have been so approved which shall have effect as from the date of the next dissolution of the maneaba. 64. the franchise subject to the provisions of this section and of section 118(3) of this constitution, every person who— is a citizen of kiribati; has attained the age of eighteen years; and is a person resident within an electoral district established by or under this constitution, shall be entitled to be registered as an elector in the electoral district in which he is resident, and when so registered to vote at an election of a member of the maneaba ni maungatabu for that electoral district. notwithstanding the preceding subsection no person who— is serving a sentence of imprisonment (by whatever name called) for a term of or exceeding twelve months imposed on him by a court in any part of the commonwealth or substituted by competent authority for some other sentence imposed on him by such a court; or is certified to be insane or otherwise adjudged to be of unsound mind under any law in force in kiribati; or is disqualified from registering as an elector or voting by any law in force in kiribati relating to offences connected with elections, shall be registered as an elector for an electoral district or, being registered, shall be entitled to vote at an election. an elector shall not be entitled to have his name retained on the register of electors for any electoral district if for a continuous period of twelve months he has ceased to be resident within the electoral district or if he becomes disqualified from voting under the preceding subsection. 65. salaries of members there shall be a standing independent maneaba members’ salaries tribunal to review the salaries and allowances of members of the maneaba ni maungatabu, including the salaries and allowances of the beretitenti, and the kauoman-ni-beretitenti and the other ministers. the tribunal shall consist of not less than three nor more than five suitably qualified persons who shall be appointed, and may be removed, by the chairman of the public service commission acting after consultation with the speaker. having conducted a review in accordance with this section, the tribunal shall make recommendations to the maneaba. part ii. legislation and procedure 66. power to make laws subject to the provisions of this constitution, the maneaba ni maungatabu shall have power to make laws for the peace, order and good government of kiribati. the power of the maneaba to make laws shall be exercised by bills passed by the maneaba and assented to by the beretitenti, and such laws shall be called “acts”. the beretitenti may withhold his assent to a bill only if he is of the opinion that the bill, if assented to, would be inconsistent with this constitution. if the beretitenti withholds his assent to a bill under the preceding subsection, the bill shall be returned to the maneaba for amendment. if a bill which has been returned to the maneaba under the preceding subsection is again presented to the beretitenti, and the beretitenti is still of the opinion that the bill, if assented to, would be inconsistent with this constitution, the beretitenti shall refer the bill to the high court for a declaration as to whether or not the bill, if assented to, would be inconsistent with this constitution. if the high court declares that the bill, if assented to, would not be inconsistent with this constitution, the beretitenti shall assent to the bill forthwith; if the high court declares otherwise, the bill shall be returned to the maneaba. an act shall, unless it otherwise provides, come into operation on publication of assent by the beretitenti. the assent of the beretitenti to a bill shall be published, together with the law assented to, by exhibition at the maneaba ni maungatabu. 67. rules of procedure subject to the provisions of this constitution, the maneaba ni maungatabu may make rules of procedure for the regulation and orderly conduct of its proceedings. 68. introduction of bills, etc subject to the provisions of this constitution and of the rules of procedure of the maneaba ni maungatabu, any member may introduce any bill or propose any motion for debate in, or may present any petition to, the maneaba, and the same shall be debated and disposed of according to the rules of procedure of the maneaba. except on the recommendation of the cabinet signified by a minister, the maneaba shall not— proceed upon any bill (including any amendment to a bill) which, in the opinion of the person presiding in the maneaba, makes provision for imposing or increasing any tax, for imposing or increasing any charge on the consolidated fund or other funds of kiribati, or for altering any such charge otherwise than by reducing it, or for compounding or reducing any debt due to the government; or proceed upon any motion (including any amendment to a motion) the effect of which in the opinion of the person presiding in the maneaba is that provision would be made for any of the purposes aforesaid. the maneaba shall not proceed on a bill after its first reading in the maneaba until the next following meeting of the maneaba unless— the bill has been certified as urgent by the beretitenti; or the maneaba expressly resolves, by a majority of all the members of the maneaba, to proceed with consideration of the bill. 69. alteration of constitution subject to the provisions of this constitution, the maneaba ni maungatabu may by act alter this constitution. subject to the additional limitations specified in section 124 of this constitution, a bill for an act to alter any of the provisions of this constitution shall not be passed by the maneaba unless— consideration of the bill is deferred after its first reading in the maneaba until the next following meeting of the maneaba; and the bill is supported at its second reading in the maneaba by the votes of not less than two-thirds of all the members of the maneaba. in so far as it alters chapter ii of this constitution, an act under this section shall not come into operation unless the provisions contained in the act effecting that alteration have, in accordance with any law in that behalf, been submitted to a referendum in which all persons who are registered as electors for the purposes of a general election shall be entitled to vote and unless those provisions have been supported by the votes of not less than two-thirds of all the persons entitled to vote in the referendum. in this section— references to this constitution include references to any other law in so far as that law alters the constitution; references to altering this constitution include references— to repealing it, with or without re-enactment thereof or the making of different provision in lieu thereof; to modifying it, whether by omitting or amending any of its provisions or inserting additional provisions in it or otherwise; to suspending its operation for any period, or terminating any such suspension; and to making any other provision that is repugnant to or otherwise inconsistent with it. 70. oath of members no member of the maneaba ni maungatabu shall be permitted to take part in the proceedings of the maneaba (other than proceedings necessary for the purpose of this section) until he has made before the maneaba an oath in the form set out in schedule 1 to this constitution. 71. the speaker there shall be a speaker of the maneaba ni maungatabu. the speaker shall be elected by the members of the maneaba from among persons who are not members of the maneaba. the chief justice shall preside at any sitting of the maneaba for the purpose of the election of a speaker and shall be responsible for the conduct of any such election. a person shall vacate the office of speaker— when the maneaba first meets after a dissolution of the maneaba; if he announces the resignation of his office to the maneaba or if, by notice in writing addressed to the maneaba and received by the clerk of the maneaba, he resigns that office; if the maneaba so resolves by resolution supported by the votes of not less than two-thirds of all the members of the maneaba. 72. presiding in maneaba subject to the provisions of subsection (3) of the preceding section, the speaker or, in his absence or when his office is vacant, a member of the maneaba ni maungatabu (not being the beretitenti, a minister or the attorney-general) elected by the maneaba for that sitting, shall preside at each sitting of the maneaba. 73. voting subject to the provisions of this constitution, all questions proposed for decision in the maneaba ni maungatabu shall be determined by a majority of the votes of the members present and voting. if the person presiding is— the speaker, he shall have neither an original nor a casting vote; a member elected in accordance with the preceding section, he shall not have an original vote but shall have and shall exercise a casting vote if on any question the votes are equally divided. subject to subsection (2)(b) of this section, and unless otherwise provided in the rules of procedure of the maneaba, if upon any question the votes are equally divided the motion shall be declared lost. 74. quorum if objection is taken by any member of the maneaba ni maungatabu present that there are present in the maneaba (besides the person presiding) less than a quorum of members and, after such interval as may be prescribed in the rules of procedure of the maneaba, the person presiding ascertains that the number of members present is still less than a quorum of members, he shall thereupon adjourn the maneaba. in this section, “a quorum of members” means the number of members that is one less than one half the total number of members of the maneaba, or, in the event of the total number being an odd number, one less than the highest number that is less than one half. 75. proceedings in maneaba the maneaba ni maungatabu shall not be disqualified for the transaction of business by reason of any vacancy in its membership, and any proceedings in the maneaba shall be valid notwithstanding that some person who was not entitled to do so took part in those proceedings. 76. privileges of maneaba subject to the provisions of this section, the maneaba ni maungatabu may determine the privileges, immunities and powers of the maneaba and of its members. [repealed by constitution (amendment) act 2013, no. 8 of 2013] no process issued by any court in the exercise of its civil jurisdiction shall be served or executed within the precincts of the maneaba while the maneaba is sitting. part iii. summoning, dissolution and elections 77. summoning of maneaba subject to the provisions of this constitution and of the rules of procedure of the maneaba ni maungatabu, each meeting of the maneaba shall be held at such place within kiribati and shall commence at such time as the speaker may appoint. the beretitenti or one-third of the members of the maneaba may, subject to the provisions of this constitution and of the rules of procedure of the maneaba, advise the speaker to summon the maneaba at any time. meetings of the maneaba shall be held within thirty days of the second ballot in a general election and shall otherwise be held so that a period of twelve months does not intervene between the end of one meeting and the first sitting of the maneaba in the next meeting. 78. dissolution of maneaba the maneaba ni maungatabu shall stand dissolved— if a motion of no confidence in the beretitenti or the government is supported in the maneaba by the votes of a majority of all the members of the maneaba: or if, in respect of any matter before the maneaba, the beretitenti notifies the speaker that a vote on that matter raises an issue of confidence, and in a subsequent vote on that matter it is rejected by a majority of all the members of the maneaba. the maneaba, unless sooner dissolved under the preceding subsection, shall continue for four years from the date of the first sitting of the maneaba after any general election and shall then stand dissolved. 79. general elections and by-elections there shall be a general election within three months of every dissolution of the maneaba ni maungatabu. except when the maneaba is sooner dissolved, there shall be a by-election within three months of a member’s seat falling vacant in the maneaba in order to fill that seat. chapter vi. the judiciary part i. the high court 80. establishment of high court there shall be a high court of kiribati which shall be a superior court of record with such jurisdiction and powers as may be prescribed by this constitution or by any law in force in kiribati. the judges of the high court shall be the chief justice and such number of other judges, if any, as may be prescribed. 81. appointment of judges of high court the chief justice shall be appointed by the beretitenti, acting in accordance with the advice of the cabinet tendered after consultation with the public service commission. the other judges of the high court, if any, shall be appointed by the beretitenti, acting in accordance with the advice of the chief justice sitting with the public service commission. a person shall not be qualified to be appointed as chief justice or other judge of the high court unless he has held office as a judge in any country or has been qualified for not less than five years to practise as a barrister or solicitor. 82. oath of judges every judge of the high court shall, before entering upon the duties of his office, take and subscribe before the beretitenti an oath in the form set out in schedule 1 to this constitution. 83. tenure of office of judges of high court subject to the provisions of this section, the office of a judge of the high court shall become vacant upon the expiration of the period of his appointment to that office. a judge of the high court may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be removed except in accordance with the provisions of the next following subsection. a judge of the high court may be removed from office by the beretitenti in pursuance of a resolution of the maneaba ni maungatabu if the question of the removal of that judge has been referred to a tribunal appointed under the next following subsection and the tribunal has advised the maneaba that he ought to be removed from office for inability as aforesaid or for misbehaviour. if the beretitenti considers, or the maneaba resolves, that the question of removing a judge of the high court from office for inability as aforesaid or for misbehaviour ought to be investigated, then— the beretitenti shall appoint a tribunal which shall consist of a chairman and not less than two other members, one of whom holds or has held judicial office; and the tribunal shall inquire into the matter and report on the facts thereof to the maneaba and advise the maneaba whether that judge should be removed under this section. if the question of removing a judge of the high court from office has been referred to a tribunal under the preceding subsection, the beretitenti may suspend that judge from performing the functions of his office, and any such suspension may at any time be revoked by the beretitenti and shall in any case cease to have effect if the tribunal advises the maneaba that that judge should not be removed from office. 84. commissioners of high court whenever he is satisfied that no or insufficient judges of the high court are available to attend to the business of the high court, the beretitenti, acting in accordance with the advice of the chief justice sitting with the public service commission, may appoint a person who is qualified to practise as a barrister or solicitor in kiribati to perform— all or any of the functions of a judge of the high court either generally or in respect of any particular case or class of cases; or such functions of a judge of the high court as it shall appear to the person appointed under this section require to be performed without delay, subject to such limitations and conditions, if any, as may be specified in the instrument of appointment. a person appointed under this section shall be called a commissioner of the high court, and all things done by him in accordance with the terms of his appointment shall have the same validity and effect as if they had been done by a judge of the high court and in respect thereof he shall have the same powers and enjoy the same immunities as if he had been a judge of the high court. 85. oath of commissioners every commissioner of the high court shall, before entering upon the duties of his office, take and subscribe before the beretitenti an oath in the form set out in schedule 1 to this constitution. 86. judge may sit after appointment has terminated a judge of the high court whose appointment has terminated otherwise than by reason of his removal from office may sit as a judge of that court for the purpose of giving judgment or otherwise in relation to any proceedings commenced before him while his appointment was subsisting. 87. seal of high court the high court shall have, and use as occasion requires, a seal bearing on it the words “the high court of kiribati” and such device as the maneaba ni maungatabu shall approve. until such time as a seal is approved such stamp as the chief justice may authorise shall be used in place of a seal. 88. jurisdiction of high court in constitutional questions subject to the provisions of this constitution, if any person alleges that any provision of this constitution (other than chapter ii) has been contravened and that his interests are being or are likely to be affected by such contravention, then, without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the high court for a declaration and for relief under this section. the high court shall have jurisdiction, in any application made by any person under the preceding subsection or in any other proceedings lawfully brought before the court, to determine whether any provision of this constitution (other than chapter ii) has been contravened and to make a declaration accordingly: provided that the high court shall not make a declaration in pursuance of the jurisdiction conferred by this subsection unless it is satisfied that the interests of the person by whom the application under the preceding subsection is made or, in the case of other proceedings before the court, a party to those proceedings, are being or are likely to be affected. where the high court makes a declaration under the preceding subsection that any provision of this constitution has been contravened and the person by whom the application under subsection (1) of this section was made or, in the case of other proceedings before the court, the party in those proceedings in respect of whom the declaration is made, seeks relief, the high court may grant to that person such remedy, being a remedy available against any person in any proceedings in the high court under any law in force in kiribati, as the court considers appropriate. nothing in the foregoing provisions of this section shall confer jurisdiction on the high court to hear or determine any such question as is referred to in section 60 or 117 of this constitution otherwise than upon an application made in accordance with that section. the high court shall have jurisdiction to make a declaration as to whether any bill referred to it by the beretitenti under section 66(5) of this constitution, if assented to, would be inconsistent with this constitution. subject to the provisions of this constitution, the high court shall have original jurisdiction to hear and determine any question as to the interpretation of this constitution: provided that the following authorities only are entitled to make application to the high court under this subsection— the beretitenti, acting in accordance with the advice of the cabinet; the attorney-general; and the speaker. 89. high court and subordinate courts the high court shall have jurisdiction to supervise any civil or criminal proceedings before any subordinate court and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of ensuring that justice is duly administered by any such court. where any question as to the interpretation of any provision of this constitution (other than chapter ii) arises in any subordinate court and the court is of the opinion that the question involves a substantial question of law, the court shall refer the question to the high court. where any question is referred to the high court under the preceding subsection, the high court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal to the court of appeal or to the judicial committee, in accordance with the decision of the court of appeal or the judicial committee. part ii. the court of appeal 90. establishment of court of appeal there shall be a court of appeal for kiribati which shall be a superior court of record and shall have such jurisdiction and powers to hear and determine appeals as may be conferred on it by any law in force in kiribati. 91. judges of court of appeal the judges of the court of appeal shall be— the chief justice and the other judges of the high court; and such persons, possessing the qualifications prescribed in section 81(3) of this constitution, as may be appointed from time to time by the beretitenti acting in accordance with the advice of the chief justice sitting with the public service commission. an appointment under paragraph (b) of the preceding subsection shall be for a period of time or for the trial or hearing of particular causes or matters, as may be specified in the instrument of appointment. the president of the court of appeal shall be appointed by the beretitenti, acting in accordance with the advice of the cabinet tendered after consultation with the public service commission. any three judges of the court of appeal may exercise all the powers of the court: provided that the court may have its judgment delivered by any one of its members who is also a judge of the high court, and if there is no such member then through the chief registrar. any judgment of the court of appeal shall be in accordance with the opinion of the majority of the judges present. a judge of the court of appeal shall not sit as a judge of the court on the hearing of an appeal— from any decision given by himself or any decision given by any court of which he was sitting as a member; or against a conviction or sentence if he was the judge by or before whom the appellant was convicted. nothing in this section shall preclude the offices of chief justice and president of the court of appeal from being held by the same person. 92. oath of office every person appointed under section 91(1)(b) of this constitution shall, before entering upon the duties of his office, take and subscribe before the beretitenti an oath in the form set out in schedule 1 to this constitution. 93. tenure of office of judges of court of appeal subject to the provisions of this section, the office of a judge of the court of appeal shall become vacant upon the expiration of the period of his appointment to that office. a judge of the court of appeal may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be removed except in accordance with the provisions of the next following subsection. a judge of the court of appeal may be removed from office by the beretitenti in pursuance of a resolution of the maneaba ni maungatabu if the question of the removal of that judge from office has been referred to a tribunal appointed under the next following subsection and the tribunal has advised the maneaba that he ought to be removed from office for inability as aforesaid or for misbehaviour. if the beretitenti considers, or the maneaba resolves, that the question of removing a judge of the court of appeal from office for inability as aforesaid or for misbehaviour ought to be investigated, then— the beretitenti shall appoint a tribunal which shall consist of a chairman and not less than two other members, one of whom holds or has held high judicial office; and the tribunal shall inquire into the matter and report on the facts thereof to the maneaba and advise the maneaba whether that judge should be removed under this section. if the question of removing a judge of the court of appeal from office has been referred to a tribunal under the preceding subsection, the beretitenti may suspend that judge from performing the functions of his office, and any such suspension may at any time be revoked by the beretitenti and shall in any case cease to have effect if the tribunal advises the maneaba that that judge should not be removed from office. 94. judge may sit after appointment has terminated a judge of the court of appeal whose appointment has terminated otherwise than by reason of his removal from office may sit as a judge of that court for the purpose of giving judgment or otherwise in relation to any proceedings commenced before him while his appointment was subsisting. 95. seal of court of appeal the court of appeal shall have, and use as occasion requires, a seal bearing on it the words “the court of appeal of kiribati” and such device as the maneaba ni maungatabu shall approve. until such time as a seal is approved such stamp as the president of the court of appeal may authorise shall be used in place of a seal. part iii. general 96. court officers there shall be such registrars and other officers of the high court and the court of appeal as the chief justice, subject to any law in force in kiribati, may appoint, and every such registrar or other officer shall discharge such duties as may be prescribed by law or by rules of court or as a judge of the high court or of the court of appeal may direct: provided that a judge may, subject to any directions given by the chief justice, appoint a person temporarily to discharge, in relation to any case or matter, the duties of a registrar or other officer of the high court or the court of appeal, and such person shall discharge such duties accordingly. any appointment made under this section may, at any time, be determined by the chief justice, acting after consultation with the public service commission. 97. rules of court there shall be a rules committee, consisting of the chief justice, the president of the court of appeal, and the attorney-general (who shall constitute a quorum) and such other persons, not exceeding two in number, as the beretitenti may appoint, which may make rules of court regulating the practice and procedure of the high court and the court of appeal, the admission of legal practitioners to practise in kiribati, prescribing the fees to be paid in respect of any proceedings and generally for making provision for the proper and effectual exercise of the jurisdiction of the high court and the court of appeal, including the procedure for the making and hearing of appeals to the high court from subordinate courts and for the making and hearing of appeals from the high court to the court of appeal: provided that rules prescribing or affecting the amount of any fees or the recovery thereof shall not come into operation unless approved, either before or after being made, by the maneaba ni maungatabu. chapter vii. the public service 98. public service commission there shall be a public service commission which shall consist of a chairman and four other commissioners who shall be appointed, and may be removed, by the beretitenti, acting in accordance with the advice of the speaker and the chief justice acting jointly. the commissioners shall be appointed for three years or for such lesser period as may be specified by the beretitenti in their respective instruments of appointment. a person shall be disqualified for appointment as a commissioner if he is a member of the maneaba ni maungatabu or a public employee. a person shall not, while he holds or is acting in the office of a commissioner or within a period of eighteen months commencing with the date on which he last held or acted in that office, be eligible for appointment to or to act in any public office. the office of a commissioner shall become vacant— at the expiration of the period of his appointment; if he becomes a member of the maneaba; or if he is removed from office in accordance with subsection (1) of this section. 99. appointments, etc., of public employees subject to the provisions of this constitution power to make appointments to public offices, and to remove and to exercise disciplinary control over persons holding or acting in such offices, is vested in the beretitenti, acting in accordance with the advice of the public service commission. the beretitenti may delegate to the public service commission his power to make appointments to certain public offices or certain classes of public office. the public service commission shall have such other functions as may be prescribed. 100. appointment of certain public employees power to make appointments to the offices of secretary to the cabinet and secretary to a department of government, and power to transfer the holders of such offices to other posts of equivalent rank, is vested in the beretitenti, acting after consultation with the public service commission. power to make appointments to the office of auditor general is vested in the beretitenti, acting in accordance with the advice of the public service commission. power to make appointments to the office of commissioner of police is vested in the beretitenti, acting in accordance with the advice of the cabinet tendered after consultation with the public service commission. 101. tenure of office of certain public employees the provisions of this section shall apply in relation to persons holding the offices of auditor general and commissioner of police. subject to the provisions of this section, a person to whom this section applies shall vacate his office when he attains the age of fifty-five years: provided that the beretitenti may permit a person to whom this section applies who attains the age of fifty-five years to continue in office until he has attained such later age as may have been agreed between the beretitenti and that person. a person to whom this section applies may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of the next following subsection. a person to whom this section applies shall be removed from office by the beretitenti if the question of his removal from office has been referred to a tribunal appointed under the next following subsection and the tribunal has recommended to the beretitenti that he ought to be removed from office for inability as aforesaid or for misbehaviour. if the beretitenti considers that the question of removing a person to whom this section applies from office for inability as aforesaid or for misbehaviour ought to be investigated, then— the beretitenti shall appoint a tribunal, which shall consist of a chairman who is a person who holds or has held judicial office, and not less than two other members; and that tribunal shall inquire into the matter and report on the facts thereof to the beretitenti and recommend to the beretitenti whether the person ought to be removed from office for inability as aforesaid or for misbehaviour. if the question of removing the commissioner of police has been referred to a tribunal under the preceding subsection the beretitenti, acting in accordance with the advice of the chairman of the public service commission, may suspend the commissioner from performing the functions of his office and any such suspension may at any time be revoked by the beretitenti, acting as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the beretitenti that the commissioner should not be removed. the provisions of this section shall not apply in relation to a person appointed to act in any office referred to in subsection (1) of this section during any period when that office is vacant or the holder thereof is unable to perform the functions of his office; and the appointment of such a person may be revoked by the public service commission at any time before the expiration of that period. 102. appointment, etc. of junior police officers power to make appointments to any office in the kiribati police below the rank of assistant superintendent, and to remove and to exercise disciplinary control over persons holding or acting in such offices, is vested in the commissioner of police. there shall be a right of appeal to the public service commission from any decision of the commissioner of police in exercise of his power of removal or disciplinary control under the preceding subsection. the commissioner of police may, subject to such conditions as he thinks fit, delegate any of his powers under subsection (1) of this section, by directions in writing, to any other officer of the kiribati police. 103. applicability of pensions law subject to the provisions of section 105 of this constitution, the law applicable to the grant and payment to any person, or to his widow, children, dependants or personal representatives, of any pension, gratuity or other like allowance (in this section and sections 104 and 105 of this constitution referred to as an “award”) in respect of the service of that person in a public office shall be that in force on the relevant day or any later law not less favourable to the person concerned. for the purposes of this section the relevant day is— in relation to an award granted before independence day, the day on which the award was granted; in relation to an award granted or to be granted on or after independence day to or in respect of a person who was a public employee before that day, the day immediately before that day; in relation to an award granted or to be granted to or in respect of a person who first becomes a public employee on or after independence day, the day on which he becomes a public employee. for the purposes of this section, in so far as the law applicable to an award depends on the option of the person to or in respect of whom it is granted or to be granted, the law for which he opts shall be taken to be more favourable to him than any other law for which he might have opted. 104. pensions, etc. charged on the consolidated fund awards granted under any law in force in kiribati are (except so far as they are a charge on some other fund and are duly paid out of that fund to the person to whom payment is due) hereby charged on and shall be paid out of the consolidated fund. 105. grant and withholding of pensions, etc the power to grant any award under any pensions law in force in kiribati (other than an award to which, under that law, the person to whom it is payable is entitled as of right) and, in accordance with any provisions in that behalf in any such law, to withhold, reduce in amount or suspend any award payable under any such law shall vest in the beretitenti, acting in accordance with the advice of the public service commission. in this section, “pensions law” means any law relating to the grant to any person, or to the widow, children, dependants or personal representatives of that person, of an award in respect of the services of that person in a public office. chapter viii. finance 106. taxation no taxation shall be imposed or altered except by or under law. 107. consolidated fund and special funds there shall be in and for kiribati a consolidated fund into which, subject to the provisions of any law in force in kiribati, shall be paid all revenues of the government. the maneaba ni maungatabu may make provision for the establishment of special funds, which shall not form part of the consolidated fund. the receipts, earnings and accruals of special funds established under this section and the balance of such funds at the close of each financial year shall not be paid into the consolidated fund but shall be retained for the purposes of those funds. 108. withdrawal of money from the consolidated fund no money shall be issued from the consolidated fund except upon the authority of a warrant under the hand of the minister of finance. no warrant shall be issued by the minister of finance for the purpose of meeting any expenditure unless— the expenditure has been authorised for the financial year during which the issue is to take place by an appropriation act; or the expenditure has been authorised in accordance with the provisions of section 109(4), 110 or 111 of this constitution; or it is statutory expenditure. 109. authorisation of expenditure the minister of finance shall cause to be prepared and laid before the maneaba ni maungatabu before or not later than sixty days after the commencement of each financial year estimates of the revenues and expenditure of the government for that year. the heads of expenditure contained in the estimates (other than statutory expenditure) shall be included in a bill to be known as an appropriation bill which shall be introduced into the maneaba to provide for the issue from the consolidated fund of the sums necessary to supply those heads and the appropriation of those sums for the purposes specified therein. if in respect of any financial year it is found that the sum appropriated by the appropriation act for any purpose is insufficient or that a need has arisen for expenditure for a purpose for which no sum has been appropriated by that law, a supplementary estimate showing the sums required shall be included in a supplementary appropriation bill for appropriation. where in respect of any financial year the minister of finance is satisfied that an urgent and unforeseen need has arisen to authorise for any purpose advances from the consolidated fund for expenditure in excess of the sum appropriated for that purpose by an appropriation act, or for a purpose for which no sum has been so appropriated, he may, subject to the provisions of any law in force in that regard, authorise such advances by warrant and shall include such amount in a supplementary appropriation bill for appropriation at the meeting of the maneaba next following the date on which the warrant was issued. if at the close of account for any financial year it is found that any moneys have been expended on any head in excess of the sum appropriated for that head by an appropriation act or for a purpose for which no money has been appropriated, the excess or the sum expended but not appropriated as the case may be shall be included in a statement of heads in excess which, together with the report of the public accounts committee thereon, shall be presented to the maneaba. statutory expenditure shall not be voted on by the maneaba but, without further authority of the maneaba, shall be paid out of the consolidated fund by warrant under the hand of the minister of finance. 110. authorisation of expenditure in advance of appropriation if the appropriation act in respect of any financial year has not come into operation by the beginning of that financial year, the maneaba ni maungatabu by resolution may empower the minister of finance to authorise the issue of moneys from the consolidated fund for the purpose of meeting expenditure necessary to carry on the public services at a level not exceeding the level of these services in the previous financial year, until the expiration of four months from the beginning of that financial year or the coming into operation of the appropriation act, whichever is the earlier. 111. delay in appropriation act owing to dissolution where at any time the maneaba ni maungatabu has been dissolved before any provision or any sufficient provision is made under this chapter for the carrying on of the government of kiribati, the minister of finance may issue a warrant for the payment out of the consolidated fund of such sums as he may consider necessary for the continuance of the public services at a level not exceeding the level of these services in the previous financial year, until the expiration of three months from the date on which the maneaba first meets after that dissolution, but a statement of the sums so authorised shall, as soon as practicable, be laid before the maneaba and the aggregate sums shall be included, under the appropriate heads, in the next appropriation bill. 112. public debt there shall be charged on the consolidated fund all debt charges for which the government is liable. for the purposes of this section debt charges include interest, sinking fund charges, the repayment or amortisation of debt, and all expenditure in connection with the raising of loans on the security of the revenue of the government or the consolidated fund and the service and redemption of debt thereby created. 113. remuneration of certain persons there shall be paid to the holders of the offices to which this section applies such salary or other remuneration and such allowances as may be prescribed. the remuneration and allowances payable to the holders of those offices are hereby charged on and shall be paid out of the consolidated fund. the remuneration prescribed under this section in respect of the holder of any such office and his other terms of service (other than allowances that are not taken into account in computing, under any law in that behalf, any pension payable in respect of his service in that office) shall not be altered to his disadvantage after his appointment except as part of any alteration generally applicable to public employees. where a person’s remuneration or other terms of service depend upon his option, the remuneration or terms for which he opts shall, for the purposes of the preceding subsection, be deemed to be more advantageous to him than any others for which he might have opted. this section applies to the offices of speaker, chief justice and other judges of the high court, president and other judges of the court of appeal, attorney-general (if he is not an elected member of the maneaba), auditor general, commissioner of police, chief electoral commissioner and other members of the electoral commission, and chairman and other members of the public service commission. 114. the director of audit there shall be an auditor general whose office shall be a public office. the public accounts of kiribati and of all departments, offices, courts and authorities of the government shall be audited and reported on annually by the auditor general, and for that purpose the auditor general or any person authorised by him in that behalf shall at all times be entitled to access to all books, records, returns and other documents relating to such accounts. the auditor general shall submit his reports made under the preceding subsection to the speaker who shall cause them to be laid before the maneaba ni maungatabu; and he shall also send a copy of each report to the beretitenti and to the minister of finance. in the exercise of his functions under this section, the auditor general shall not be subject to the direction or control of any other person or authority. nothing in this section shall prevent the performance by the auditor general of— such other functions in relation to the accounts of the government and the accounts of other public authorities and statutory or other bodies administering public funds in kiribati as may be prescribed; or such other functions in relation to the supervision and control of expenditure from public funds in kiribati as may be prescribed. 115. public accounts committee there shall be a public accounts committee of the maneaba ni maungatabu which shall consist of three members of the maneaba elected by the maneaba. no person shall be qualified for election as a member of the committee if he holds or is acting in the office of beretitenti, kauoman-ni-beretitenti or other minister, or attorney-general. the seat of a member of the committee shall become vacant— if he ceases to be a member of the maneaba; if he assumes the office of beretitenti or is acting as such; if he is appointed to the office of kauoman-ni-beretitenti or other minister, or attorney-general, or to act as such; or if he is removed by the maneaba by resolution. the functions of the committee shall be— to consider the accounts of the government in conjunction with the report of the auditor general; to report to the maneaba, in the case of any excess or unauthorised expenditure of funds, the reasons for such expenditure; to propose any measures it considers necessary to ensure that the funds of the government are properly and economically spent; and where a report on the examination and audit of the accounts of any corporation, statutory board, body or commission is required by law to be laid before the maneaba, to consider, report on and make recommendations to the maneaba in respect of such accounts. 116. interpretation in this chapter— “financial year” means the twelve months ending on 31st december in any year or on such other date as may from time to time be prescribed; “statutory expenditure” means expenditure charged on the consolidated fund by virtue of any of the provisions of this constitution or by virtue of any provision of any other law in force in kiribati. chapter ix. banaba and the banabans 117. nominated member of maneaba ni maungatabu in the maneaba ni maungatabu one seat shall be reserved for a nominated representative of the banaban community (in this section referred to as “the nominated member”). the electoral commission shall declare the nominated member to be such person, qualified under the next following subsection, as shall have been nominated by the rabi council to fill the seat provided for by this section. no person shall be qualified to be a nominated member unless— he is a banaban; and he is qualified to be elected as an elected member of the maneaba in accordance with sections 55(b) and 56 of this constitution. the seat of the nominated member shall become vacant— if he ceases to be a banaban; or in any of the circumstances specified in paragraphs (a), (b), (c), (e) and (f) of section 57 and section 58 of this constitution. the high court shall have jurisdiction to hear and determine any question whether any person has been validly declared to be the nominated member or the nominated member has vacated his seat in the maneaba or is required by virtue of the preceding subsection and section 58 of this constitution to cease to perform his functions as a member. an application to the high court for the determination of any question under the preceding subsection may be made by the nominated member, the rabi council, the electoral commission or the attorney-general: provided that if such an application is made by a person other than the attorney-general, the attorney-general may intervene and may then appear or be represented in the proceedings. 118. elected representation in maneaba notwithstanding the provisions of section 55 of this constitution, a person who has attained the age of twenty-one years shall be qualified to be elected as an elected member of the maneaba ni maungatabu for an electoral district comprising or including banaba if he is a citizen of kiribati or a banaban. section 57 of this constitution shall have effect in relation to an elected member of the maneaba for an electoral district comprising or including banaba subject to the qualification that the seat of such a member shall become vacant if that member ceases to be either a citizen of kiribati or a banaban. a person shall be entitled to be registered as an elector on banaba if he is a banaban or a citizen of kiribati and is otherwise entitled under section 64 of this constitution to be registered as an elector in that place. in reviewing the number of electoral districts, the boundaries of electoral districts and the number of elected representatives as these relate to banaba, the electoral commission shall take account of the most recent census data for citizens of kiribati and for banabans on banaba whether or not they are citizens of kiribati. 119. land on and access to banaba where any banaban possesses any right over or interest in any land in banaba, such right or interest shall not be affected in any way by reason of the fact that he resides in rabi island in fiji. where the republic has acquired any right over or interest in land in banaba— from any banaban for the purpose of phosphate extraction; or by operation of law where the crown had acquired it before independence day from any banaban for that purpose, the republic shall transfer that right or interest to the banaban from whom it was acquired (whether by the republic or the crown) or to his heirs and successors upon the completion of phosphate extraction from that land. where any banaban possesses any right over or interest in land in banaba, no such right or interest shall be compulsorily acquired other than a leasehold interest and in accordance with section 8(1) of this constitution, and then only where the following conditions are satisfied, that is to say— the banaba island council has been consulted; and every reasonable effort has been made to acquire the interest by agreement with the person who possesses the right over or interest in the land. every banaban shall have an inalienable right to enter and reside in banaba and accordingly section 14 of this constitution shall apply to banabans in relation to banaba as if paragraph (c) of subsection (3) of that section were deleted. 120. movement of persons into banaba nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of section 14 of this constitution to the extent that the law in question makes provision for the imposition of restrictions on the movement of persons other than banabans into banaba. 121. banaba island council there shall be a banaba island council. the powers and duties of the banaba island council shall be prescribed by or under law. 122. independent commission of inquiry at the expiration of a period of three years after independence day, the government shall appoint an independent commission of inquiry, which shall review the operation of the provisions of— this chapter; and chapter iii, to the extent that the provisions of that chapter confer rights on banabans. having conducted a review under this section, the commission shall make such recommendations as it thinks fit, which shall be presented to the maneaba ni maungatabu. in the exercise of its functions under this section the commission shall not be subject to the direction or control of any other person or authority. 123. appeals to judicial committee an appeal shall lie as of right to the judicial committee from any decision of the high court involving the interpretation of this constitution in any proceedings in which application has been made to the high court alleging that any provision of this constitution has been contravened and the rights or interests of any banaban or of the rabi council under this chapter or chapter iii are being or are likely to be affected by such contravention. any decision by the judicial committee in any appeal under this section shall be enforced in like manner as if it were a decision of the high court. the judicial committee shall, in relation to any appeal to it under this section in any case, have all the jurisdiction and powers possessed in relation to that case by the high court. 124. entrenchment a bill for an act to alter any of the provisions of— this chapter; and chapter iii, to the extent that the provisions of that chapter confer rights on banabans, shall not be passed by the maneaba in maungatabu except in accordance with this section. consideration of any such bill shall be deferred after its first reading in the maneaba until the next following meeting of the maneaba. at its second reading in the maneaba the bill shall not be passed if— it is not supported by the votes of at least two-thirds of all the members of the maneaba; or either the nominated member or a banaba elected member votes against the bill. if the nominated member is not present in the maneaba at the time of voting on the second reading of the bill (whether or not any banaba elected member is present at that time), consideration of the bill shall be deferred until the next following meeting of the maneaba, and the rabi council and the banaba island council shall be so informed in writing. at the next following meeting of the maneaba a further vote on the bill may be held, and— if the bill is supported by the votes of at least two-thirds of all the members of the maneaba and the nominated member does not vote against it, the bill shall be passed; if the bill is not supported by the votes of at least two-thirds of all the members of the maneaba, or if the nominated member votes against it, the bill shall not be passed. in this section— “nominated member” means the member of the maneaba provided for in section 117 of this constitution; “banaba elected member” means an elected member of the maneaba for an electoral district comprising or including banaba; references to provisions of this constitution include references to any other law in so far as that law alters those provisions; references to altering provisions of this constitution include references— to repealing them, with or without re-enactment thereof or the making of different provision in lieu thereof; to modifying them, whether by omitting or amending any such provisions or inserting additional provisions in the constitution or otherwise; to suspending their operation for any period, or terminating any such suspension; and to making any other provision that is repugnant to them or otherwise inconsistent with them. 125. interpretation in this chapter— “banaban” and “banabans” means the former indigenous inhabitants of banaba and such other persons one of whose ancestors was born in kiribati before 1900 as may now or hereafter be accepted as members of the banaban community in accordance with custom; “rabi council” means the council of leaders established by the banaban settlement ordinance 1970 of fiji, and includes such successor body as represents the banaban community on banaba and rabi island in fiji. chapter x. miscellaneous 126. disciplined forces no disciplined force shall be established other than the kiribati police, the prison service, the marine protection service and the marine training school. 127. kiribati text of constitution the provisions of this constitution shall be published in a kiribati language text as well as this english text, but in the event of any inconsistency between the two texts this english text shall prevail. 128. national seal there shall be a national seal of the republic bearing on it such device as the maneaba in maungatabu shall approve by law. 129. oaths before entering upon the duties of his office a person to whom this section applies shall take and subscribe such oaths as may be prescribed. this section applies to any person appointed to hold or to act in— the office of magistrate; and such other offices as may be prescribed. 130. resignations save as otherwise provided in this constitution, any person who is appointed to or to act in any office established by this constitution may resign from that office by notice in writing addressed to the person by whom he was appointed; and the resignation of any person from any such office by notice in writing addressed in accordance with this constitution to any other person shall take effect, and the office shall accordingly become vacant— at such time or on such date (if any) as may be specified in the notice; or when the notice is received by that other person, whichever is the later: provided that the resignation may be withdrawn before it takes effect if the person to whom the resignation is addressed consents to its withdrawal. 131. performance of functions of commissions and tribunals any commission established by this constitution may by regulations make provision for regulating and facilitating the performance by the commission of its functions under this constitution. any decision by any such commission shall require the concurrence of a majority of all the members thereof and, subject as aforesaid, the commission may act notwithstanding the absence of any member: provided that if in any particular case a vote of all the members is taken to decide the question and the votes cast are equally divided the chairman shall have and shall exercise a casting vote. subject to the provisions of this section, any such commission may regulate its own procedure. in the exercise of its functions under this constitution, no such commission shall be subject to the direction or control of any other person or authority, except where otherwise provided by this constitution. in addition to the functions conferred upon it by or under this constitution any such commission shall have such other functions (if any) as may be prescribed. the validity of the transaction of business of any such commission shall not be affected by the fact that some person who was not entitled to do so took part in the proceedings. the provisions of subsections (1), (2), (3) and (4) of this section shall apply in relation to a tribunal established for the purposes of sections 14(4), 16(6), 83(4), 93(4) or 101(5) of this constitution as they apply in relation to a commission established by this constitution, and any such tribunal shall have the same powers as the high court in respect of the attendance and examination of witnesses (including the administration of oaths and the examination of witnesses abroad) and in respect of the production of documents. the provisions of subsections (1), (2), (3) and (4) of this section shall apply in relation to the maneaba members’ salaries tribunal established by section 65 of this constitution as they apply in relation to a commission established by this constitution. 132. interpretation in this constitution, unless the context otherwise requires— “commonwealth” means kiribati and any country to which section 27 of this constitution for the time being applies, and includes the dependencies of any such country; “court of appeal” means the court of appeal of kiribati established by this constitution; “functions” includes rights, duties and powers; “general election” means a general election of elected members of the maneaba ni maungatabu; “the government” means the government of kiribati; “high court” means the high court of kiribati established by this constitution; “high judicial office” means the office of judge of a court having unlimited jurisdiction in civil and criminal matters or a court having jurisdiction in appeals from any such court; “independence day” means 12th july 1979; “the judicial committee” means the judicial committee of the privy council established by the judicial committee act 1833 [fn: 1833 c. 41.]; “kiribati” means the territories which immediately before independence day comprised the colony of the gilbert islands, and which are more particularly specified in schedule 2 to this constitution; “meeting” means, in relation to the maneaba ni maungatabu, the sittings of the maneaba commencing when the maneaba first meets after being summoned at any time and ending when the maneaba is adjourned sine die or is dissolved; “oath” includes affirmation; “prescribed” means prescribed by or under law; “public employee” means a person holding or acting in any public office; “public office” means an office of emolument in the public service; “public service” means the service of the government in a civil capacity; “the republic” means the republic of kiribati; “sitting” means, in relation to the maneaba ni maungatabu, a period during which the maneaba is sitting continuously without adjournment and includes any period during which the maneaba is in committee; “the speaker” means the speaker of the maneaba ni maungatabu; “subordinate court” means any court established for kiribati other than the high court, the court of appeal, or the judicial committee. save as otherwise provided in this constitution, the interpretation act 1978 [fn: 1978 c. 30.] shall apply, with the necessary adaptations, for the purpose of interpreting this constitution, and otherwise in relation thereto, as it applies for the purpose of interpreting, and in relation to, acts of the parliament of the united kingdom. 133. references to public office, etc in this constitution the expression “public office” shall not be construed as including— the office of beretitenti, or kauoman-ni-beretitenti or other minister; the office of speaker, elected member of the maneaba ni maungatabu, or the member of the maneaba provided for in section 117 of this constitution; the office of chief electoral commissioner or other member of the electoral commission, or chairman or other member of the public service commission; except in sections 103 and 105 of this constitution, the office of chief justice or other judge of the high court, or president or other judge of the court of appeal. for the purposes of this constitution a person shall not be treated as holding, or acting in, a public office by reason only that he— is on leave of absence pending relinquishment of a public office, or is on leave of absence without salary from a public office; is receiving a pension or other like allowance from the government; is a retired or reserve member of any disciplined force or a special constable; is a member, officer or servant of any local government council, or of any magistrates’ court and is paid as a magistrate sitting fees only; or is the holder of an office in the service or appointment of the government or is performing any functions on behalf of the government, if the only payments he receives in respect of that office or those functions are by way of travelling or subsistence allowances or a refund of out-of-pocket expenses. 134. powers of appointment and acting appointments any reference in this constitution to power to make appointments to any office shall be construed as including a reference to power to make appointments on promotion and transfer to that office and to power to appoint a person to act in that office during any period during which it is vacant or the holder thereof is unable to perform the functions of that office. in this constitution, unless the context otherwise requires, a reference to the holder of an office by the term designating his office shall be construed as including a reference to any person who is for the time being lawfully acting in or performing the functions of that office. where by this constitution any person is directed, or power is conferred on any person or authority to appoint a person, to act in or otherwise to perform the functions of an office if the holder thereof is unable to perform the functions of that office, the validity of any performance of those functions by the person so directed or of any appointment made in exercise of that power shall not be called in question in any court on the ground that the holder of the office is not unable to perform the functions of the office. 135. reappointments and concurrent appointments where any person has vacated any office established by this constitution, he may, if qualified, again be appointed or elected to hold that office in accordance with the provisions of this constitution. whenever the holder of any office constituted by or under this constitution, or any public office otherwise constituted, is on leave of absence pending relinquishment of his office— another person may be appointed to that office; and that person shall, for the purpose of any function of that office, be deemed to be the sole holder of that office. 136. removal from office references in this constitution to the power to remove a public employee from his office shall be construed as including references to any power conferred by any law to require or permit that employee to retire from the public service and to any power or right to terminate a contract on which a person is employed as a public employee and to determine whether any such contract shall or shall not be renewed: provided that nothing in this subsection shall be construed as conferring on any person or authority power to require the chief justice or any other judge of the high court, the president or any other judge of the court of appeal, the commissioner of police or the auditor general to retire from the public service. any provision of this constitution that vests in any person or authority power to remove any public employee from his office shall be without prejudice to the power of any person or authority to abolish any office or to any law providing for the compulsory retirement of public employees generally or any class of public employee on attaining an age specified therein. 137. saving for jurisdiction of courts no provision of this constitution that any person or authority shall not be subject to the direction or control of any other person or authority in the exercise of any functions under this constitution shall be construed as precluding a court of law from exercising jurisdiction in relation to any question whether that person or authority has performed those functions in accordance with this constitution or any other law or should not perform those functions. 138. power to amend and revoke instruments, etc where any power is conferred by this constitution to make any proclamation, regulation, order or rule, or to give any direction or instructions, the power shall be construed as including the power, exercisable in like manner, to amend or revoke any such proclamation, regulation, order, rule, direction or instructions. 139. consultation where any person or authority is directed by this constitution to exercise any function after consultation with any other person or authority, that person or authority shall not be obliged to exercise that function in accordance with the advice of that other person or authority. schedule 1. oaths and affirmations [sections 37, 39(4), 43, 70, 82, 85 and 92] 1. oath of beretitenti i, , swear by almighty god [or solemnly affirm] that i will uphold the dignity of the office of beretitenti, and will justly and faithfully carry out my duties in the administration of the independent and sovereign republic of kiribati in accordance with the constitution and the law. 2. oath of kauoman-ni-beretitenti and other ministers, and attorney-general i, , swear by almighty god [or solemnly affirm] that i will well and truly serve the independent and sovereign republic of kiribati in accordance with the constitution and the law, and i do further swear [or solemnly affirm] that i will not directly or indirectly reveal such matters as shall be debated in cabinet and committed to my secrecy, but that i will in all things be a true and faithful [kauoman-ni-beretitenti] [minister] [attorney-general]. 3. oath of member of the maneaba ni maungatabu i, , swear by almighty god [or solemnly affirm] that i will be faithful and bear true allegiance to the independent and sovereign republic of kiribati, and that i will justly and faithfully carry out my duties as a member of the maneaba ni maungatabu of kiribati. 4. oath to be taken by judges and commissioners of the high court and judges of the court of appeal i, , swear by almighty god [or solemnly affirm] that i will well and truly serve the independent and sovereign republic of kiribati as a judicial officer, and i will in all things uphold the constitution and the law, and i will do right to all manner of people after the laws and usages of kiribati, without fear or favour, affection or illwill. schedule 2. territory of kiribati [section 132] the land territory of kiribati comprises the following islands together with all small islands, islets, rocks and reefs depending on them— abaiang abemama aranuka arorae banaba beru birnie butaritari caroline enderbury flint kanton (otherwise known as abariringa or canton) kiritimati (otherwise known as christmas) kuria maiana makin malden manra (otherwise known as sydney) marakei mckean nikumaroro (otherwise known as gardner) nikunau nonouti onotoa orona (otherwise known as hull) rawaki (otherwise known as phoenix) starbuck tabiteuea tabuaeran (otherwise known as fanning) tamana tarawa teraina (otherwise known as washington) vostok preamble whereas we the people of nauru acknowledge god as the almighty and everlasting lord and the giver of all good things: and whereas we humbly place ourselves under the protection of his good providence and seek his blessing upon ourselves and upon our lives: and whereas we have declared that nauru shall be a republic: and whereas a constitutional convention representing us has prepared a constitution for nauru: now therefore we the people of nauru in our constitutional convention this twenty-ninth day of january, one thousand nine hundred and sixty-eight, do hereby adopt, enact and give to ourselves this constitution to come into force on the thirty-first day of january, one thousand nine hundred and sixty-eight. part i. the republic of nauru and the supreme law of nauru 1. the republic of nauru. nauru is an independent republic. 2. supreme law of nauru. this constitution is the supreme law of nauru. a law inconsistent with this constitution is, to the extent of the inconsistency, void. part ii. protection of fundamental rights and freedoms 3. preamble. whereas every person in nauru is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following freedoms, namely:life, liberty, security of the person, the enjoyment of property and the protection of the law; freedom of conscience, of expression and of peaceful assembly and association; and respect for his private and family life, the subsequent provisions of this part have effect for the purpose of affording protection to those rights and freedoms, subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of those rights and freedoms by a person does not prejudice the rights and freedoms of other persons or the public interest. 4. protection of right to life. no person shall be deprived of his life intentionally, except in execution of a sentence of a court following his conviction of an offence for which the penalty of deprivation of life is prescribed by law. deprivation of the life of a person is not a contravention of the provisions of clause (1.) of this article where it results from the use, to such an extent and in such circumstances as is permitted by law, of such force as is reasonably justifiable in the circumstances of the casefor the defence of a person from violence; for the defence of public property; in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; or for the purpose of suppressing a riot, insurrection or mutiny. 5. protection of personal liberty. no person shall be deprived of his personal liberty, except as authorised by law in any of the following cases:in execution of the sentence or order of a court in respect of an offence of which he has been convicted; for the purpose of bringing him before a court in execution of the order of a court; upon reasonable suspicion of his having committed, or being about to commit, an offence; under the order of a court, for his education during any period ending not later than the thirty-first day of december after he attains the age of eighteen years; under the order of a court, for his welfare during any period ending not later than the date on which he attains the age of twenty years; for the purpose of preventing the spread of disease; in the case of a person who is, or is reasonably suspected to be, of unsound mind or addicted to drugs or alcohol, for the purpose of his care or treatment or the protection of the community; and for the purpose of preventing his unlawful entry into nauru, or for the purpose of effecting his expulsion, extradition or other lawful removal from nauru. a person who is arrested or detained shall be informed promptly of the reasons for the arrest or detention and shall be permitted to consult in the place in which he is detained a legal representative of his own choice. a person who has been arrested or detained in the circumstances referred to in paragraph (c) of clause (1.) of this article and has not been released shall be brought before a judge or some other person holding judicial office within a period of twenty-four hours after the arrest or detention and shall not be further held in custody in connexion with that offence except by order of a judge or some other person holding judicial office. where a complaint is made to the supreme court that a person is unlawfully detained, the supreme court shall enquire into the complaint and, unless satisfied that the detention is lawful, shall order that person to be brought before it and shall release him. 6. protection from forced labour. no person shall be required to perform forced labour. for the purposes of this article, "forced labour" does not includelabour required by the sentence or order of a court; labour required of a person while he is lawfully detained, being labour that, though not required by the sentence or order of a court, is reasonably necessary for the purposes of hygiene or for the maintenance of the place at which he is detained; labour required of a member of a disciplined force in pursuance of his duties as such a member; or labour reasonably required as part of reasonable and normal communal or other civic obligations. 7. protection from inhuman treatment. no person shall be subjected to torture or to treatment or punishment that is inhuman or degrading. 8. protection from deprivation of property. no person shall be deprived compulsorily of his property except in accordance with law for a public purpose and on just terms. nothing contained in or done under the authority of a law shall be held to be inconsistent with or in contravention of the provisions of clause (1.) of this article to the extent that that law makes provisionfor the taking of possession or acquisition of any propertyin satisfaction of a tax; by way of penalty for breach of the law or forfeiture in consequence of breach of the law; as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract; in the execution of a judgment or order of a court in proceedings for the determination of civil rights or obligations; in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or is injurious to the health of human beings, animals or plants; or in consequence of any law with respect to the limitation of actions; or for the taking of possession or acquisition of any of the following property:property of a deceased person, a person of unsound mind or a person who has not attained the age of twenty years, for the purpose of administering it for the benefit of the person entitled to the beneficial interest in that property; property of a person adjudged bankrupt or insolvent or of a body corporate in liquidation, for the purpose of administering it for the benefit of the creditors of the bankrupt or insolvent or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust; and property held by a body corporate established by law for public purposes. 9. protection of person and property. no person shall without his consent be subject to the search of his person or property or the entry on his premises by other persons. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of the provisions of clause (1.) of this article to the extent that that law makes provisionthat is reasonably required in the interests of defence, public safety, public order, public morality, public health, the development or utilisation of natural resources or the development or utilisation of any property for a purpose beneficial to the community; that is reasonably required for protecting the rights or freedoms of other persons; that authorises an officer or agent of the republic of nauru or of a body corporate established by law for public purposes to enter, where reasonably necessary, on the premises of a person in order to inspect those premises or anything in or on them in relation to any tax or in order to carry out work connected with any property that is lawfully in or on those premises and belongs to the republic or body corporate as the case may be; or that authorises, for the purpose of enforcing the judgment or order of a court, the search of a person or property by order of a court or entry upon any premises under such an order. 10. provision to secure protection of law. no person shall be convicted of an offence which is not defined by law. a person charged with an offence shall, unless the charge is withdrawn, be afforded a fair hearing within a reasonable time by an independent and impartial court. a person charged with an offenceshall be presumed innocent until proved guilty according to law; shall be informed promptly in a language that he understands and in detail of the nature of the offence with which he is charged; shall be given adequate time and facilities for the preparation of his defence; shall be permitted to have without payment the assistance of an interpreter if he cannot understand or speak the language used at the trial of the charge; shall be permitted to defend himself before the court in person or, at his own expense, by a legal representative of his own choice or to have a legal representative assigned to him in a case where the interests of justice so require and without payment by him in any such case if he does not, in the opinion of the court, have sufficient means to pay the costs incurred; and shall be afforded facilities to examine in person or by his legal representative the witnesses called before the court by the prosecution, and to obtain the attendance and carry out the examination of witnesses and to testify before the court on his own behalf, on the same conditions as those applying to witnesses called by the prosecution, and, except with his own consent, the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence. no person shall be convicted of an offence on account of any act or omission that did not, at the time it took place, constitute such an offence and no penalty shall be imposed for an offence that is more severe in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed. no person who shows that he has been tried by a competent court for an offence and either convicted or acquitted shall again be tried for that offence, except upon the order of a superior court made in the course of appeal or review proceedings relating to the conviction or acquittal. no person shall be tried for an offence for which he has been pardoned. no person who is tried for an offence shall be compelled to give evidence at the trial. no person shall be compelled in the trial of an offence to be a witness against himself. a determination of the existence or extent of a civil right or obligation shall not be made except by an independent and impartial court or other authority prescribed by law and proceedings for such a determination shall be fairly heard and within a reasonable time. except with the agreement of the parties thereto, proceedings of a court and proceedings for the determination of the existence or extent of any civil right or obligation before any other authority, including the announcement of the decision of the court or other authority, shall be held in public. nothing in clause (10.) of this article shall prevent the court or other authority from excluding from the hearing of the proceedings persons, other than the parties thereto and their legal representatives, to such extent as the court or other authorityis by law empowered to do and considers necessary or expedient in the interests of public morality or in circumstances where publicity would prejudice the interests of justice, the welfare of persons under the age of twenty years or the protection of the private lives of persons concerned in the proceedings; or is by law empowered or required to do in the interests of defence, public safety or public order. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of the provisions ofparagraph (a) of clause (3.) of this article by reason that that law places upon a person charged with an offence the burden of proving particular matters; or paragraph (f) of clause (3.) of this article by reason that that law imposes reasonable conditions which must be satisfied if witnesses called to testify on behalf of a person charged with an offence are to be paid their expenses out of public funds. 11. freedom of conscience. a person has the right to freedom of conscience, thought and religion, including freedom to change his religion or beliefs and freedom, either alone or in community with others and in public or private, to manifest and propagate his religion or beliefs in worship, teaching, practice and observance. except with his consent, no person shall be hindered in the enjoyment of a right or freedom referred to in clause (1.) of this article. except with his consent or, if he is under the age of twenty years, the consent of his parent or guardian, no person attending a place of education is required to receive religious instruction or to take part in or attend a religious ceremony or observance if that instruction, ceremony or observance relates to a religion other than his own religion or belief. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of the provisions of this article to the extent that that law makes provision which is reasonably requiredin the interests of defence, public safety, public order, public morality or public health; for protecting the rights and freedoms of other persons, including the right to observe and practise any religion without the unsolicited intervention of members of some other religion; or for regulating the secular education provided in any place of education in the interests of the persons receiving instruction in that place. 12. protection of freedom of expression. a person has the right to freedom of expression. except with his consent, no person shall be hindered in the enjoyment of his right to freedom of expression. nothing contained in or done under the authority of any law shall be held to be inconsistent with, or in contravention of, the provisions of this article to the extent that that law makes provisionthat is reasonably required in the interests of defence, public safety, public order, public morality or public health; that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence or maintaining the authority and independence of the courts; that is reasonably required for the purpose of regulating the technical administration or technical operation of telephony, telegraphy, posts, wireless broadcasting or television or restricting the establishment or use of telephonic, telegraphic, wireless broadcasting or television equipment or of postal services; or that regulates the use of information obtained by public officers in the course of their employment. 13. protection of freedom of assembly and association. persons have the right to assemble and associate peaceably and to form or belong to trade unions or other associations. except with his consent, no person shall be hindered in the enjoyment of a right referred to in clause (1.) of this article. nothing contained in or done under the authority of any law shall be held to be inconsistent with, or in contravention of, the provisions of this article to the extent that that law makes provision that is reasonably requiredin the interests of defence, public safety, public order, public morality or public health; or for protecting the rights and freedoms of other persons. 14. enforcement of fundamental rights and freedoms. a right or freedom conferred by this part is enforceable by the supreme court at the suit of a person having an interest in the enforcement of that right or freedom. the supreme court may make all such orders and declarations as are necessary and appropriate for the purposes of clause (1.) of this article. 15. interpretation. in this part, unless the context otherwise requires"contravention", in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly; "disciplined force" meansthe police force; or any other body established by law for the purposes of defence or maintaining public safety or public order; "legal representative" means a person entitled to be in or to enter nauru and entitled by law to appear in proceedings before a court on behalf of a party to those proceedings; "member", in relation to a disciplined force, includes a person who, under the law regulating the discipline of that force, is subject to that discipline; "public property" includes property of a body corporate established by law for public purposes. part iii. the president and the executive 16. the president. there shall be a president of nauru, who shall be elected by parliament. a person is not qualified to be elected president unless he is a member of parliament. the speaker and the deputy speaker are not qualified to be elected president. the president holds office until the election of another person as president. parliament shall elect a presidentwhenever the office of president is vacant; at the first sitting of parliament next following its dissolution; and wheneverthe president tenders the resignation of his office by writing under his hand delivered to the speaker; a resolution for the removal from office of the president and ministers is approved under article 24; or the president ceases to be a member of parliament otherwise than by reason only of its dissolution. 17. executive authority vested in the cabinet. the executive authority of nauru is vested in a cabinet constituted as provided by this part and the cabinet has the general direction and control of the government of nauru. the cabinet is collectively responsible to parliament. 18. cabinet. the cabinet consists of the president and the ministers appointed under article 19. a member of the cabinet shall, before entering upon the duties of his office, take and subscribe the oath set out in the first schedule. a member of the cabinet shall not hold an office of profit in the service of nauru or of a statutory corporation. 19. appointment of ministers. whenever a president is elected, he shall as soon as practicable appoint four or five members of parliament to be ministers of the cabinet. whenever there are less than four ministers the president shall appoint a member of parliament to be a minister but if parliament is dissolved the president shall appoint a person who was a member immediately before the dissolution of parliament. whenever there are four but not five ministers the president may appoint a member of parliament to be a minister. 20. vacation of office. a minister ceases to hold officeupon the election of a president; upon resigning his office by writing under his hand delivered to the president; upon being removed from office by the president; or upon ceasing to be a member of parliament otherwise than by reason only of its dissolution. 21. provision for minister to act as president. the cabinet may appoint a minister to perform the duties and exercise the functions of the president during any period during which the president is unable to act owing to illness, absence from nauru or any other cause. 22. meetings of the cabinet. the president shall preside at meetings of the cabinet. subject to this constitution, the cabinet may regulate its own procedure. 23. appointment of ministers to departments. the president may assign to himself or to a minister responsibility for any business of the government of nauru and may revoke or vary an assignment made under this article. 24. vote of no confidence. where parliament on a resolution approved by at least one-half of the total number of members of parliament resolves that the president and ministers be removed from office on the grounds that it has no confidence in the cabinet, an election of a president shall be held. where a president has not been elected before the expiration of a period of seven days after the day on which a resolution under clause (1.) of this article is approved parliament shall stand dissolved. 25. chief secretary. there shall be a chief secretary of nauru, who shall be appointed by the cabinet. a member of parliament is not qualified to be appointed chief secretary. the chief secretary may resign his office by writing under his hand delivered to the president and may be removed from office by the cabinet. the chief secretary has such powers and functions as the cabinet directs and as are conferred on him by this constitution or by law. part iv. the legislature 26. establishment of legislature. there shall be a parliament of nauru. 27. legislative powers of legislature. subject to this constitution, parliament may make laws for the peace, order and good government of nauru; laws so made may have effect outside as well as within nauru. 28. the parliament. parliament shall consist of eighteen members or such greater number as is prescribed by law. for the purpose of the election of members of parliament, nauru shall be divided into constituencies. unless otherwise prescribed by law, the constituencies and the number of members of parliament to be returned by each of the constituencies are those described in the second schedule. a person shall not be at the same time a member of parliament for more than one constituency. 29. electors for parliament. members of parliament shall be elected in such manner as is prescribed by law, by nauruan citizens who have attained the age of twenty years. 30. qualification for membership of parliament. a person is qualified to be elected a member of parliament if, and is not so qualified unless, heis a nauruan citizen and has attained the age of twenty years; and is not disqualified under this constitution. 31. disqualifications from membership of parliament. no person is qualified to be elected a member of parliament if heis an undischarged bankrupt or insolvent who has been declared bankrupt or insolvent according to law; is a person certified to be insane or otherwise adjudged according to law to be mentally disordered; has been convicted and is under sentence or is subject to be sentenced for an offence punishable according to law by death or by imprisonment for one year or longer; does not possess such qualifications relating to residence or domicile in nauru as are prescribed by law; or holds an office of profit in the service of nauru or of a statutory corporation, being an office prescribed by law for the purposes of this paragraph. 32. vacation of seats by members of parliament. a member of parliament vacates his seatupon the dissolution of parliament next after his election; upon becoming disqualified under article 31 to be elected a member of parliament; upon resigning his seat by writing under his hand delivered, in the case of a member other than the speaker, to the speaker and, in the case of the speaker, to the clerk of parliament; if he is absent without leave of parliament on every day on which a meeting of parliament is held during a period of two months; or upon ceasing to be a nauruan citizen. in the event of the occurrence of a vacancy in the office of a member of parliament, an election shall be held in the manner prescribed by law of a member to fill the vacant office. 33. clerk of parliament. there shall be a clerk of parliament, who shall be appointed by the speaker. a member of parliament is not qualified to be appointed clerk of parliament. the clerk of parliament may at any time resign his office by writing under his hand delivered to the speaker and may be removed from office by the speaker at any time. before or during the absence of the clerk of parliament, the speaker may appoint a person who is not a member of parliament to perform the functions of the clerk during his absence. 34. speaker of parliament. parliament shall, before it proceeds to the despatch of any other business, elect one of its members to be speaker and, whenever the office of speaker is vacant, shall no transact any business other than the election of one of its members to fill that office. a member of the cabinet is not qualified to be elected speaker. the speaker ceases to hold officewhen parliament first meets after a dissolution; upon ceasing to be a member of parliament otherwise than by reason only of its dissolution; upon becoming a member of the cabinet; upon being removed from office by a resolution of parliament; or upon resigning his office by writing under his hand delivered to the clerk of parliament. 35. deputy speaker of parliament. parliament shall, after the election of the speaker and before it proceeds to the despatch of any other business, elect one of its members to be deputy speaker and, whenever the office of deputy speaker is vacant, shall, as soon as possible, elect one of its members to fill that office. a member of the cabinet is not qualified to be elected deputy speaker. the deputy speaker ceases to hold officewhen parliament first meets after a dissolution; upon ceasing to be a member of parliament otherwise than by reason only of its dissolution; upon becoming a member of the cabinet; upon being removed from office by a resolution of parliament; or upon resigning his office by writing under his hand delivered to the clerk of parliament. the powers and functions conferred by this constitution upon the speaker shall, if there is no person holding the office of speaker or if the speaker is absent from a sitting of parliament or is otherwise unable to exercise those powers and perform those functions, be exercised and performed by the deputy speaker and, if he is also absent or unable to exercise those powers and perform those functions, parliament may elect one of its members to exercise those powers and perform those functions. 36. determinations and questions of membership of parliament. any question that arises concerning the right of a person to be or to remain a member of parliament shall be referred to and determined by the supreme court. 37. powers, privileges and immunities of parliament. the powers, privileges and immunities of parliament and of its members and committees are such as are declared by parliament. 38. procedure in parliament. parliament may make, amend or repeal rules and orders with respect tothe mode in which its powers, privileges and immunities may be exercised and upheld; and the conduct of its business and proceedings. parliament may act notwithstanding a vacancy in its membership and the presence or participation of a person not entitled to be present at, or to participate in, the proceedings of parliament does not invalidate those proceedings. 39. general elections for parliament. a general election of members of parliament shall be held at such time within two months after a dissolution of parliament as the speaker in accordance with the advice of the president appoints. 40. sessions of parliament. each session of parliament shall be held at such place and shall begin at such time, not being later than twelve months after the end of the preceding session if parliament has been prorogued, or twenty-one days after the last day on which a candidate at a general election is declared elected if parliament has been dissolved, as the speaker in accordance with the advice of the president appoints. subject to the provisions of clause (1.) of this article, the sittings of parliament shall be held at such times and places as it, by its rules of procedure or otherwise, determines. 41. prorogation and dissolution of parliament. the speaker, in accordance with the advice of the president, may at any time prorogue parliament. the speaker shall, if he is advised by the president to dissolve parliament, refer the advice of the president to parliament as soon as practicable and in any case before the expiration of fourteen days after his receipt of the advice. [substituted 17.5.68.] for the purposes of clause (2.) of this article, and notwithstanding article 40, the speaker shall, if necessary, appoint a time for the beginning of a session, or for a sitting, of parliament. where the speaker has, under clause (2.) of this article, referred the advice of the president to parliament, and no resolution for the removal from office of the president and ministers under article 24 is approved after the date on which the advice was so referred, he shall dissolve parliament on the seventh day after that date. the president may withdraw his advice at any time before the speaker has dissolved parliament and where the president so withdraws his advice, the speaker shall not dissolve parliament. notwithstanding the preceding provisions of this article, where a resolution for the removal from office of the president and ministers is approved under article 24, the speaker shall notprorogue parliament; or dissolve parliament, during the period of seven days after the day on which the resolution is approved. parliament shall, unless sooner dissolved, continue for a period of three years from and including the date of the first sitting of parliament after any dissolution and shall then stand dissolved. 42. sessions of parliament at request of one-third of members. whereparliament is not in session; and there is delivered to the speaker a request that complies with clause (2.) of this article for the holding of a session, the speaker shall appoint a time for the holding of a session of parliament, being a time before the expiration of fourteen days after the request is delivered a request referred to in clause (1.) of this articleshall be in writing; shall be signed by a member of parliament for each of at least three constituencies and by a number of members of parliament which is at least one-third of the total number of members of parliament; and shall set out particulars of the business proposed to be dealt with at the session of parliament. 43. oath of members of parliament. a member of parliament shall, before taking his seat, take and subscribe before parliament the oath set out in the third schedule, but a member may before taking and subscribing that oath take part in electing the speaker. the speaker shall, if he has not taken and subscribed the oath set out in the third schedule, take and subscribe that oath before entering upon the duties of his office. 44. speaker to preside. the speaker shall preside at a sitting of parliament. 45. quorum. no business shall be transacted at a sitting of parliament if the number of its members present, other than the person presiding at the sitting, is less than one-half of the total number of members of parliament. 46. voting. except as otherwise provided by this constitution, a question before parliament shall be decided by a majority of the votes of its members present and voting. the speaker or other member presiding in parliament shall not vote unless on a question the votes are equally divided in which case he has and shall exercise a casting vote. 47. enactment of laws. a proposed law becomes law on the date when the speaker certifies that it has been passed by parliament. part v. the judicature 48. supreme court of nauru. there shall be a supreme court of nauru, which shall be a superior court of record. the supreme court has, in addition to the jurisdiction conferred on it by this constitution, such jurisdiction as is prescribed by law. 49. chief justice and judges of supreme court. the supreme court consists of a chief justice and such number, if any, of other judges as is prescribed by law. the judges of the supreme court shall be appointed by the president. a person is not qualified to be appointed a judge of the supreme court unless he is entitled as prescribed by law to practise as a barrister or solicitor in nauru and has been so entitled for not less than five years. 50. vacation of office. a judge of the supreme court ceases to hold office on attaining the age of sixty-five years or, if a greater age is prescribed by law for the purposes of this article, on attaining that greater age. a law that prescribes a greater age for the purposes of this article may provide that that law applies only to specified judges. 51. removal from office and resignation. a judge of the supreme court may not be removed from office except on a resolution of parliament approved by not less than two-thirds of the total number of members of parliament praying for his removal from office on the ground of proved incapacity or misconduct. a judge of the supreme court may resign his office by writing under his hand delivered to the president. 52. oath of office. a judge of the supreme court shall not enter upon the duties of his office unless he has taken and subscribed the oath set out in the fourth schedule. 53. acting judges. if the office of chief justice is vacant or if the chief justice is for any reason unable to perform the duties of his office then until a person has been appointed to and has assumed the duties of that office or until the person holding that office has resumed those duties, as the case may be, those duties shall be discharged by such one of the other judges of the supreme court as is designated by the president or, if there is no other judge of the supreme court, by a person designated by the president, being a person who is qualified to be appointed a judge of the supreme court. if the office of a judge of the supreme court other than the office of the chief justice is vacant or if the person holding that office is for any reason unable to perform the duties of his office or if the state of business in the supreme court so requires, the president may appoint a person qualified to be appointed a judge of the supreme court to act as a judge of the supreme court and a person so appointed may act as a judge of the supreme court notwithstanding that he has attained the age of sixty-five years or, if a greater age is prescribed by law for the purposes of article 50, has attained that greater age. the provisions of clause (2.) of this article apply in respect of the office of chief justice if at a time when the office of the chief justice is vacant no other person holds office as a judge of the supreme court. a person appointed under clause (2.) of this article to act as a judge of the supreme court shall continue to act for the period of his appointment or, if no such period is specified, until his appointment is revoked by the president. 54. matters concerning this constitution. the supreme court shall, to the exclusion of any other court, have original jurisdiction to determine any question arising under or involving the interpretation or effect of any provision of this constitution. without prejudice to any appellate jurisdiction of the supreme court, where in any proceedings before another court a question arises involving the interpretation or effect of any provision of this constitution, the cause shall be removed into the supreme court, which shall determine that question and either dispose of the case or remit it to that other court to be disposed of in accordance with the determination. 55. the cabinet may refer questions on constitution to supreme court. the president or a minister may, in accordance with the approval of the cabinet, refer to the supreme court for its opinion any question concerning the interpretation or effect of any provision of this constitution which has arisen or appears to the cabinet likely to arise, and the supreme court shall pronounce in open court its opinion on the question. 56. subordinate courts. there shall be such subordinate courts as are established by law and those courts possess such jurisdiction and powers as are prescribed by law. 57. appeals. parliament may provide that an appeal lies as prescribed by law from a judgment, decree, order or sentence of the supreme court constituted by one judge to the supreme court constituted by not less than two judges. parliament may provide that an appeal lies as prescribed by law from a judgment, decree, order or sentence of the supreme court to a court of another country. part vi. finance 58. treasury fund. all revenues and other moneys raised or received by nauru, not being revenues or other moneys payable by law into another fund established for a specific purpose, shall be paid into and form a treasury fund. 59. withdrawals from treasury fund and public funds. no moneys shall be withdrawn from the treasury fund except to meet expenditure that is charged upon the treasury fund by this constitution or in accordance with law. no moneys shall be withdrawn from any fund referred to in article 58 other than the treasury fund except in accordance with law. a proposed law for the withdrawal of moneys from the treasury fund or any other fund referred to in article 58 shall not receive the certificate of the speaker under article 47 unless the purpose of the withdrawal has been recommended to parliament by the cabinet. the cabinet shall cause to be prepared and laid before parliament before the date of commencement of each financial year (or if, in respect of a particular financial year, parliament, by resolution, determines a later date, before that later date), estimates of the revenues and expenditure of nauru for that year. 60. taxation. no tax shall be raised except as prescribed by law and a proposed law for the imposition of a tax shall not receive the certificate of the speaker under article 47 unless the imposition of the tax has been recommended to parliament by the cabinet. 61. withdrawal of moneys in advance of appropriation law. if the appropriation law in respect of a financial year has not received the certificate of the speaker under article 47 on or before the twenty-first day before the commencement of that financial year, the cabinet may, in accordance with clause (2.) of this article, recommend to parliament a proposed law authorising the withdrawal of moneys from the treasury fund for the purpose of meeting expenditure necessary to carry on the services of the republic of nauru after the commencement of that financial year until the expiration of three months or the coming into operation of the appropriation law, whichever is the earlier. a recommendation by the cabinet referred to in clause (1.) of this article shall be in writing delivered to the speaker not later than the fourteenth day before the commencement of the financial year and the speaker shall, on receiving the recommendation, lay it before parliament as soon as practicable. [substituted 17.5.68.] for the purposes of clause (2.) of this article and notwithstanding article 40, the speaker shall, if necessary, appoint a time for the beginning of a session, or for a sitting, of parliament. where the cabinet has recommended a proposed law under clause (1.) of this article and neither the appropriation law nor that proposed law has come into operation on or before the commencement of that financial year, the cabinet may authorise the withdrawal of moneys in accordance with that proposed law but the amount of moneys so withdrawn shall not exceed one-quarter of the amount withdrawn under the authority of the appropriation law or laws in respect of the preceding financial year. 62. long term investment fund. there shall be a long term investment fund constituted by the moneys that immediately before the commencement of this constitution constituted a fund called the nauruan community long term investment fund and by such other moneys as are appropriated by law for payment into the fund or are paid into the fund as provided by clause (2.) of this article. moneys constituting the long term investment fund may be invested as prescribed by law and income derived from moneys so invested shall be paid into the fund. notwithstanding the provisions of article 59, no moneys shall be withdrawn from the long term investment fund (otherwise than for investment under clause (2.) of this article) until the recovery of the phosphate deposits in nauru has, by reason of the depletion of those deposits, ceased to provide adequately for the economic needs of the citizens of nauru. 63. phosphate royalties. parliament may provide for the establishment of a fund for the benefit of persons from whose land phosphate deposits have been recovered and for the payment into that fund of amounts from the treasury fund and for the payment of moneys out of that fund to those persons. parliament may provide for the payment from the treasury fund to persons from whose land phosphate deposits have been recovered of such royalties as are prescribed by law. 64. contingencies fund. parliament may provide for the establishment of a contingencies fund and for authorising the cabinet, if satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from that fund for the purposes of that expenditure. where an advance is made from the contingencies fund, provision may be made by law for replacing the amount so advanced. 65. remuneration of certain officers. there shall be paid to the holders of the offices to which this article applies such salary and such allowances as are prescribed by law. the salaries and allowances payable to the holders of the offices to which this article applies are a charge on the treasury fund. the salary and allowances payable to the holder of an office to which this article applies and his other conditions of service shall not be altered to his disadvantage during the term of his appointment. this article applies to the office of judge of the supreme court, clerk of parliament and director of audit. 66. director of audit. there shall be a director of audit, whose office is a public office. the powers and functions and the conditions of service of the director of audit are, subject to this constitution, as prescribed by law. the director of audit shall not hold or act in any other public office during his period of service and a person who has held the office of director of audit shall not hold or act in any public office during the period of three years after he ceases to be director of audit. the director of audit may resign his office at any time by writing under his hand delivered to the speaker. the director of audit may not be removed from office except on a resolution of parliament approved by not less than two-thirds of the total number of members of parliament praying for his removal from office on the ground of proved incapacity or misconduct. 67. public debt. all debt charges for which nauru is liable are a charge on the treasury fund. for the purposes of this article, debt charges include interest, sinking fund charges, repayment or amortisation of debt and all expenditure in connexion with the raising of loans and the service and redemption of the debt thereby created. part vii. the public service 68. appointments, etc., in the public service. except as otherwise provided by law under article 69, there is vested in the chief secretary the powerto appoint, subject to clause (3.) of this article, persons to hold or act in offices in the public service; to exercise disciplinary control over persons holding or acting in such offices; and to remove such persons from office. the chief secretary may, by instrument in writing under his hand, delegate to a public officer power to exercise disciplinary control over persons holding or acting in such public offices, other than offices referred to in clause (3.) of this article, as the chief secretary specifies in the instrument and such delegation is subject to such conditions, if any, as the chief secretary specifies in the instrument. the chief secretary may not exercise his power under paragraph (a) of clause (1.) of this article in relation to the office of a person in charge of a department of government and such other offices as are prescribed by law except in accordance with the approval of the cabinet. the chief secretary shall report to the cabinet on such matters relating to the exercise of the powers under this article as are prescribed by law at least once a year and the cabinet shall cause a copy of the report to be laid before parliament. 69. power of parliament to establish public service board and to make special provisions regarding police. parliament may make provision for either or both of the following:vesting the powers and functions of the chief secretary under clauses (1.) and (2.) of article 68 in a public service board consisting of the chief secretary, who shall be chairman, and not less than two other persons who are not members of parliament; and subject to clause (2.) of this article, vesting in the public officer in charge of the nauru police force the powers and functions of the chief secretary under clause (1.) of article 68, in so far as they apply to or in respect of public officers in the nauru police force. where parliament makes provision under paragraph (b) of clause (1.) of this articleit shall also make provision for establishing a police service board consisting of not less than three persons, who are not members of parliament, of whom one shall be the chief justice, who shall be chairman, one shall be the chief secretary, and one shall be a person elected by members of the nauru police force in such manner and for such term as are prescribed by law; the power of the public officer in charge of the nauru police force to appoint persons to hold or act in offices in the nauru police force shall be subject to such consent, if any, of the police service board as is required by law; and the chief secretary or, where parliament has made provision for a public service board, the public service board, shall not exercise the powers or perform the functions under clauses (1.) and (2.) of article 68 in so far as they apply to or in respect of public officers in the nauru police force. an appeal lies to the police service board from a decision of the public officer in charge of the nauru police force under this article to remove a public officer from office or to exercise disciplinary control over a public officer at the instance of the public officer in respect of whom the decision is made. the police service board shall exercise such other powers and functions as are conferred on it by law and shall, subject to this article and any law, regulate its own procedure. except as otherwise provided by law, no appeal lies from a decision of the police service board. 70. public service appeals board. there shall be a public service appeals board which shall consist of the chief justice, who shall be chairman, one person appointed by the cabinet and one person elected by public officers as prescribed by law. a member of parliament is not qualified to be a member of the public service appeals board. a member of the public service appeals board ceases to hold officeupon being elected a member of parliament; if he was appointed by the cabinet, upon being removed from office by the cabinet or upon resigning his office by writing under his hand delivered to the president; or if he was elected by public officers, upon the expiration of the term for which he was elected, upon being removed from office in the manner prescribed by law or upon resigning his office by writing under his hand delivered to the chief secretary. whenever a member of the public service appeals board, other than the chief justice, is unable for any reason or ineligible under clause (5.) of this article to perform the duties of his office, the cabinet mayif the member was appointed by it, appoint a person who is not a member of parliament; or if the member was elected by public officers, appoint, subject to such conditions, if any, as are prescribed by law, a person, to act as a member of the public service appeals board during the period of the inability or ineligibility of the member. parliament may provide that a member of the public service appeals board, other than the chief justice, is ineligible to act in relation to such matters as are prescribed by law. except where an appeal lies to the police service board under article 69, an appeal lies to the public service appeals board from a decision to remove a public officer from office or to exercise disciplinary control over a public officer at the instance of the public officer in respect of whom the decision is made. the public service appeals board shall exercise and perform such other powers and functions as are conferred on it by law and shall, subject to this constitution and any law, regulate its own procedure. except as otherwise provided by law, no appeal lies from a decision of the public service appeals board. part viii. citizenship 71. members of nauruan community to be nauruan citizens. a person who on the thirtieth day of january one thousand nine hundred and sixty-eight was included in one of the classes of persons who constituted the nauruan community within the meaning of the nauruan community ordinance 1956-1966 of nauru is a nauruan citizen. 72. persons born on or after 31 january 1968. a person born on or after the thirty-first day of january one thousand nine hundred and sixty-eight is a nauruan citizen if his parents were nauruan citizens at the date of his birth. a person born on or after the thirty-first day of january one thousand nine hundred and sixty-eight is a nauruan citizen if he is born of a marriage between a nauruan citizen and a pacific islander and neither parent has within seven days after the birth of that person exercised a right prescribed by law in the manner prescribed by law to determine that that person is not a nauruan citizen. 73. persons born in nauru on or after 31 january 1968. a person born in nauru on or after the thirty-first day of january one thousand nine hundred and sixty-eight, if at the date of his birth he would not have the nationality of any country, an application may be made to cabinet for citizenship. it shall be the prerogative of cabinet as to whether citizenship is granted or not. 74. women married to nauruan citizens. a woman, not being a nauruan citizen, who is married to a nauruan citizen or has been married to a man who was, throughout the subsistence of the marriage, a nauruan citizen, is entitled, upon making application in such manner as is prescribed by law, to become a nauruan citizen. 75. powers of parliament regarding citizenship. parliament may make provision for the acquisition of nauruan citizenship by persons who are not otherwise eligible to become nauruan citizens under the provisions of this part. parliament may make provision for depriving a person of his nauruan citizenship being a person who has acquired the nationality of another country otherwise than by marriage. parliament may make provision for depriving a person of his nauruan citizenship being a person who is a nauruan citizen otherwise than by reason of article 71 or article 72. parliament may make provision for the renunciation by a person of his nauruan citizenship. 76. interpretation. in this part, "pacific islander" has, except as otherwise prescribed by law, the same meaning as in the nauruan community ordinance 1956-1966 of nauru. a reference in this part to the citizenship of the parent of a person at the date of that person's birth shall, in relation to a person one of whose parents died before the birth of that person, be construed as a reference to the citizenship of the parent at the time of the parent's death. part ix. emergency powers 77. declaration of emergency. if the president is satisfied that a grave emergency exists whereby the security or economy of nauru is threatened he may, by public proclamation, declare that a state of emergency exists. a declaration of emergency lapsesif the declaration is made when parliament is sitting, at the expiration of seven days after the date of publication of the declaration; or in any other case, at the expiration of twenty-one days after the date of publication of the declaration, unless it has in the meantime been approved by a resolution of parliament approved by a majority of the members of parliament present and voting. the president may at any time revoke a declaration of emergency by public proclamation. a declaration of emergency that has been approved by a resolution of parliament under clause (2.) of this article remains, subject to the provisions of clause (3.) of this article, in force for twelve months or such shorter period as is specified in the resolution. a provision of this article that a declaration of emergency lapses or ceases to be in force at a particular time does not prevent the making of a further such declaration whether before or after that time. 78. emergency powers. during the period during which a declaration of emergency is in force, the president may make such orders as appear to him to be reasonably required for securing public safety, maintaining public order or safeguarding the interests or maintaining the welfare of the community. an order made by the president under clause (1.) of this articlehas effect notwithstanding anything in part ii. of this constitution or in article 94; is not invalid in whole or in part by reason only that it provides for any matter for which provision is made under any law or because of inconsistency with any law; and lapses when the declaration of emergency lapses unless in the meantime the order is revoked by a resolution of parliament approved by a majority of the members of parliament present and voting. the revocation or lapsing of an order made by the president under clause (1.) of this article does not affect the previous operation of that order, the validity of anything done or omitted to be done under it or any offence committed or penalty or punishment incurred. 79. restriction on detention. for the purposes of this article there shall be an advisory board consisting of the chief justice, one person nominated by the chief justice and one person nominated by the cabinet. a person detained under an order under article 78 shall, as soon as practicable, be informed of the reasons for his detention and be brought before the advisory board and permitted to make representations against his detention. no person shall be detained under an order under article 78 for a period exceeding three months unless that person has been brought before the advisory board and any representations made by him have been considered by it and it has within that period determined that there is sufficient cause for the detention. part x. general 80. grant of pardons. the president maygrant a pardon, either free or subject to lawful conditions, to a person convicted of an offence; grant to a person a respite, either indefinite or for a specified period, of the execution of a punishment imposed on that person for an offence; substitute a less severe form of punishment for any punishment imposed on a person for an offence; or remit the whole or a part of a punishment imposed on a person for an offence or of a penalty or forfeiture on account of an offence. 81. interpretation. in this constitution, unless the context otherwise requires: "article" means article of this constitution; "cabinet" means the cabinet established under article 17; "chief justice" means the chief justice of the supreme court; "chief secretary" means the chief secretary of nauru appointed under article 25; "court" means a court of law having jurisdiction in nauru; "existing law" means a law in force in nauru immediately before independence day; "government gazette" means the nauru government gazette; "independence day" means the thirty-first day of january, one thousand nine hundred and sixty-eight; "law" includes an instrument having the force of law and an unwritten rule of law and "lawful" and "lawfully" shall be construed accordingly; "minister" means a minister of the cabinet; "month" means calendar month; "parliament" means the parliament of nauru established under article 26; "person" includes a body corporate or politic; "president" means the president of nauru; "property" includes a right, title or interest in or over property; "public office" means an office of emolument in the public service; "public officer" means a person holding or acting in a public office; "public service" means, subject to the provisions of this article, the service of the republic of nauru; "schedule" means schedule to this constitution; "session" means the period beginning when the legislative assembly of nauru first met on independence day or after parliament has at any time been prorogued or dissolved and ending when next parliament is prorogued or dissolved; "sitting" means a period during which parliament is sitting without adjournment; "speaker" means the speaker of parliament; "supreme court" means the supreme court of nauru established under article 48; "writing" includes any mode of representing or reproducing words in a visible form. in this constitutiona reference to an office in the public service does not includea reference to the office of president, minister, speaker, deputy speaker, member of parliament or clerk of parliament; a reference to the office of a judge of the supreme court; or except in so far as is prescribed by law, a reference to the office of a member of a council, board, panel, committee or other similar body, whether incorporated or not, established by law; and a reference to an office of profit in the service of nauru does not include a reference to the office of president, minister, speaker, deputy speaker, or member of parliament. in this constitution, unless the context otherwise requires, a reference to the holder of an office by an expression designating his office shall be construed as including, to the extent of his authority, a reference to a person for the time being authorised to exercise the powers or perform the functions of that office. in this constitution, a reference to the total number of members of parliament is a reference to the number of members of which parliament consists in accordance with article 28. in this constitution, unless the context otherwise requireswords importing the masculine gender shall be taken to include females; and words in the singular include the plural and words in the plural include the singular. where a law is repealed, or is deemed to have been repealed, by, under or by reason of this constitution, the repeal does notrevive anything not in force or existing at the time at which the repeal takes effect; affect the previous operation of the law or anything only done or suffered under the law; affect any right, privilege, obligation or liability acquired, accrued or incurred under the law; affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the law; or affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the law had not been repealed. where a person is required by this constitution to take and subscribe an oath, he shall be permitted, if he so desires, to comply with that requirement by making and subscribing an affirmation. 82. parts, etc., of constitution. the headings of the parts into which this constitution is divided are part of this constitution. a schedule to this constitution is part of this constitution. the preamble and the marginal notes to this constitution do not form part of this constitution. 83. right to mine phosphate. except as otherwise provided by law, the right to mine phosphate is vested in the republic of nauru. nothing in this constitution makes the government of nauru responsible for the rehabilitation of land from which phosphate was mined before the first day of july, one thousand nine hundred and sixty-seven. 84. amendment of the constitution. this constitution shall not be altered except in accordance with this article. this constitution may be altered by law but a proposed law for that purpose shall not be passed by parliament unlessthere has been an interval of not less than ninety days between the introduction of the proposed law in parliament and the passing of the proposed law by parliament; and it is approved by not less than two-thirds of the total number of members of parliament. a proposed law to alter or having the effect of altering the fifth schedule or any of the provisions of this constitution specified in the fifth schedule shall not be submitted for the certificate of the speaker under article 47 unless, after it has been passed by parliament, it has been approved by not less than two-thirds of all the votes validly cast on a referendum held, subject to clause (4.) of this article, as prescribed by law. a person who, at the time the referendum is held, is qualified to vote at an election of members of parliament, is entitled to vote at a referendum held for the purposes of this article and no other person is so entitled. a proposed law to alter this constitution shall not receive the certificate of the speaker under article 47 unless it is accompanied by a certificate under the hand of the clerk of parliament that the provisions of clause (2.) of this article have been complied with and, if it is a proposed law to which clause (3.) of this article applies, by a certificate under the hand of a person prescribed by law stating that it has been approved as provided by that clause. part xi. transitional provisions 85. existing laws. a law in force in nauru immediately before independence day continues in force, subject to this constitution and to any amendment of that law made by a law enacted under this constitution or by order under clause (6.) of this article, until repealed by a law enacted under this constitution. a law which has not been brought into force in nauru before independence day may, subject to this constitution and to any amendment of that law made by law, be brought into force on or after independence day and a law brought into force under this clause continues in force subject as aforesaid, until repealed by a law enacted under this constitution. clause (1.) of this article does not apply to the nauru act 1965 of the commonwealth of australia, other than sections 4 and 53 of that act, or to an act of the commonwealth of australia that immediately before independence day extended to nauru as a territory of that commonwealth. the constitutional convention ordinance 1967 of nauru shall not be amended so as to affect the membership of the constitutional convention established under that ordinance. where a matter that, under this constitution, is to be prescribed or otherwise provided for by law, is prescribed or otherwise provided for by a law continued in force by clause (1.) or (2.) of this article, that matter has, on and after independence day, effect as if it had also been prescribed or provided for by a law enacted under this constitution. for the purposes of bringing the provisions of an existing law into accord with the provisions of this constitution (other than part ii. of this constitution) the president may, except as otherwise prescribed by law, within a period of two years after independence day, make, by order published in the government gazette, such adaptations, whether by way of modification of, addition to or omission from those provisions, as he deems necessary or expedient and an order so made has effect, or shall be deemed to have effect, from and including such date, not being a date before independence day, as is specified in the order. 86. adaptation of existing laws. subject to this constitution, a reference in a law continued in force by clause (1.) or (2.) of article 85 tothe governor-general of the commonwealth of australia; or the minister of state for territories of the commonwealth of australia, shall, unless the context otherwise requires, be read as a reference to the president. subject to this constitution, a reference in a law continued in force by clause (1.) or (2.) of article 85 to the administrator of the territory of nauru shall, unless the context otherwise requires, be read as a reference to the president or where responsibility for the administration of that law is assigned to a minister under article 23, to that minister. subject to this constitution, a reference in a law continued in force by clause (1.) or (2.) of article 85 to the administrator of the territory of nauru acting in accordance with the advice of the executive council of the territory of nauru shall, unless the context otherwise requires, be read as a reference to the cabinet. 87. existing public officers. subject to this constitution and any law, a person who immediately before independence day holds or is acting in a public office shall, on and after independence day, hold or act in that office or the corresponding office established by this constitution on the same terms and conditions as those on which he holds or is acting in the public office immediately before independence day. nothing in this article shall be construed as applying to a person who immediately before independence day holds or is acting in the office of administrator, public service commissioner or official secretary. 88. existing legal proceedings. all legal proceedings pending or incomplete in the central court of the island of nauru immediately before independence day shall stand removed to the supreme court, which shall have jurisdiction to hear and determine the proceedings and the judgments and orders of the central court of the island of nauru given or made before independence day shall have the same force and effect as if they had been delivered or made by the supreme court. 89. the first parliament. the persons who were elected at the election conducted during january, one thousand nine hundred and sixty-eight at the instance of the constitutional convention to become members of the legislative assembly of nauru on independence day are members of the first parliament and shall be deemed to have been elected in accordance with this constitution. the first parliament came into existence on independence day under the name of the legislative assembly of nauru and continues under the name of parliament from and including the date on which this clause comes into operation. the first parliament shall, unless sooner dissolved, continue for a period of three years from and including independence day and shall then stand dissolved. in this article, "constitutional convention" means the constitutional convention established under the constitutional convention ordinance 1967 of nauru. 90. powers, privileges and immunities of parliament. until otherwise declared by parliament, the powers, privileges and immunities of parliament and of its members and committees shall be those of the house of commons of the parliament of the united kingdom of great britain and northern ireland and of its members and committees as at the commencement of this constitution. 91. vesting of property, etc. all property and assets which, immediately before independence day, were vested in the administrator of the territory of nauru or in the administration of the territory of nauru, vest in the republic of nauru. all rights, liabilities and obligations of the administrator of the territory of nauru or of the administration of the territory of nauru, whether arising out of contract or otherwise, are rights, liabilities and obligations of the republic of nauru. 92. constitutional convention to continue in existence. notwithstanding the coming into force of this constitution, the constitutional convention established under the constitutional convention ordinance 1967 of nauru shall, subject to this article, continue in existence during the period of five months after independence day or, if the constitutional convention approves by resolution a shorter period, during that shorter period. the constitutional convention shall, in lieu of the powers held by it before independence day, have the powers conferred on it by clause (3.) of this article. the constitutional convention may, during the period referred to in clause (1.) of this article, by resolution approved by a majority of the members of the constitutional convention, alter any of the provisions of this constitution other than this article and clause (4.) of article 85. in this article, a reference to the members of the constitutional convention is a reference to the number of members of which it consists on the day on which the question arises. 93. agreement of 14 november 1967 relating to phosphate industry. the agreement made on the fourteenth day of november, one thousand nine hundred and sixty-seven between the nauru local government council of the one part and the partner governments of the other part shall, on and after independence day, be construed as an agreement between the government of the republic of nauru of the one part and the partner governments of the other part and all rights, liabilities, obligations and interest of the nauru local government council in or under that agreement are, on and after independence day, rights, liabilities, obligations and interest of the government of the republic of nauru. in clause (1.) of this article, "partner governments" means the government of the commonwealth of australia, the government of new zealand and the government of the united kingdom of great britain and northern ireland. 94. financial provisions to 30 june 1968. notwithstanding the provisions of part vi. of this constitution, no moneys shall be withdrawn from the treasury fund or any other fund referred to in article 58 before the first day of july, one thousand nine hundred and sixty-eight, exceptin accordance with the appropriations authorized under the supply ordinance 196768 of nauru or the appropriation ordinance 1967-68 of nauru; for the purpose of allocating, in respect of each ton of phosphate shipped from nauru before the first day of july, one thousand nine hundred and sixty-eight, to the funds or for the purposes specified in the sixth schedule the amounts so specified; or under a law enacted in accordance with part vi. of this constitution. 95. transitional provision relating to judges of the supreme court. notwithstanding clause (3.) of article 49, until otherwise provided by law, a person is qualified to be appointed a judge of the supreme court ifhe is or has been a judge of a court having jurisdiction in some part of the commonwealth of australia or in such other place as is approved by parliament by resolution for the purposes of this article; or he is entitled to practise as an advocate in or solicitor of such a court and has been so entitled for not less than five years. 96. transitional provision relating to chief justice. the powers and functions of the chief justice may, until the chief justice is first appointed, be exercised or performed by not less than three persons, being persons who, immediately before independence day, were magistrates of the central court within the meaning of the nauru act 1965 of the commonwealth of australia. notwithstanding clause (1.) of this article, the powers and functions of the chief justice under articles 69 and 70 may, until the chief justice is first appointed, be exercised or performed by a person who, immediately before independence day, was a magistrate of the central court referred to in clause (1.) of this article. 97. director of audit. notwithstanding article 66, until the director of audit is first appointed the cabinet shall cause to be audited at least once in every year the public accounts of nauru and the accounts of such public bodies as parliament by resolution determines. the cabinet shall cause a report on the results of an audit under clause (1.) of this article to be laid before parliament as soon as practicable after completion of the audit. 98. transitional provision relating to superannuation board. until otherwise provided by law, the superannuation board established under the superannuation ordinance 1966 of nauru consists of three persons appointed by the cabinet, of whom one shall be chairman, one shall be an actuary or a person experienced in respect of the investment of moneys and one shall be a person who is a contributor within the meaning of that ordinance elected by contributors in the manner prescribed by or under law. notwithstanding clause (1.) of this article and until otherwise provided by law, a person who, immediately before this clause comes into effect, is a member of the superannuation board referred to in clause (1.) of this article, shall continue to be a member of the superannuation board. 99. transitional provision relating to the first president and cabinet. notwithstanding anything in part iii. of this constitution, the first president shall be elected by parliament at its first sitting held after this article comes into effect. the powers and functions of the president and of the cabinet may, until the first president is elected, be exercised or performed by the council of state. in this article, "council of state" means the council of state of nauru in existence immediately before part iii. of this constitution relating to the president and the executive comes into effect. 100. transitional provision relating to chief secretary. notwithstanding article 25, the person who, immediately before this article comes into effect, holds the office of chief secretary shall hold the office of chief secretary established by this constitution. [inserted 17.5.68.] first schedule. oath (article 18.) oath of member of cabinet. i, , swear by almighty god that i will faithfully carry out my duties as a member of the cabinet and that i will not improperly reveal any matters of which i have become aware by reason of my membership of the cabinet. so help me god! second schedule. division of nauru into constituencies and number of members to be returned by each constituency (article 28.) constituency/district or districts of nauru comprised in constituency/number of members to be returned by constituency aiwo/aiwo/2 anabar/anabar, anibare, ijuw/2 anetan/anetan, ewa/2 boe/boe/2 buada/buada/2 meneng/meneng/2 ubenide/baiti, denigomodu, nibok, uaboe/4 yaren/yaren/2 third schedule. oath (article 43.) oath of member of parliament. i, , swear by almighty god that i will be faithful and bear true allegiance to the republic of nauru and that i will justly and faithfully carry out my duties as a member of parliament of nauru. so help me god! [amended 17.5.68.] fourth schedule. oath (article 52.) oath of judge. i, , swear by almighty god that i will well and truly serve the republic of nauru in the office of _____ and that i will do right to all manner of people according to law, without fear or favour, affection or ill-will. so help me god! fifth schedule. (article 84.) part i. part ii. articles 16, 17. articles 26, 27, clause (7.) of article 41. articles 58, 59, 60, 62, 65. article 71, clause (1.) of article 72. article 84. clauses (1.), (2.), (3.) and (5.) of article 85. article 93. sixth schedule. amount fund or purpose (article 94.) $ 1.70 long term investment fund established under article 62. 0.50 nauruan landowners royalty trust fund for the benefit of owners of phosphate bearing lands. 0.60 nauru development fund for promoting the economic development of nauru. 0.80 nauru housing fund for erecting, repairing or maintaining houses in nauru. 0.20 nauru rehabilitation fund for the purpose of restoring or improving the parts of the island of nauru that have been affected by mining for phosphate. 0.60 for payment to the owners of phosphate bearing lands leased to the british phosphate commissioners. 0.10 nauru royalty fund for any of the purposes for which the nauru local government council is authorised by the nauru local government council ordinance 1951-1967 of nauru to expend moneys. preamble chad, proclaimed a republic on november 28, 1958, granted national and international sovereignty on august 11, 1960. since this date, it has experienced turbulent institutional and political development. years of dictatorship and of single-party rule prevented the flourishing of any democratic culture and political pluralism. different successive regimes created and maintained regionalism, tribalism, nepotism, social inequalities, violations of human rights and of fundamental collective and individual freedoms, of which the consequences were war, political violence, hatred, intolerance, and distrust between the different communities which compose the chadian nation. this institutional and political crisis that has destabilized chad for more than four decades has only fueled the determination of the chadian people to achieve the building of one nation, of dignity, of freedom, of peace and of prosperity. thus, the sovereign national conference, held at n’djamena from january 15 to april 7 1993, at the initiative of the president of the republic and having assembled the political parties, the civil society associations, the organs of the state, the traditional and religious authorities, the representatives of the rural world and the resources of leading figures, have restored confidence to the chadian people and enabled the advent of a new era. this new era was consecrated in the constitution of march 31, 1996, and revised in 2005 and 2013. after two decades of experimentation by institutions deriving from this constitution, the inclusive national forum held at n’djamena of 19 to 27 march 2018 enabled the bringing of the reforms necessary for the reinforcement of democracy and of the state of law. the processes of the reforms validated by the people and consecrated by this constitutional law adopt the form of a state strongly decentralized and profoundly modernized the institutions of the state. consequently, we the chadian people: affirm by this constitution our will to live together with respect for ethnic, religious, regional and cultural diversity, to build a state of law and one united nation founded on public freedoms and the fundamental rights of man, the dignity of the human person and political pluralism, on the african values of solidarity and fraternity; affirm our attachment to integrity, probity, transparence, impartiality and accountability as republican and ethical values appropriate to moralize the life of the nation; consider that political, ethnic and religious tolerance, pardons, interreligious dialogues and cultural dialogues constitute fundamental values contributing to the consolidation of our national unity and cohesion; recognize the promotion of gender and youth as factors necessary to realize equality between men and women within our country and recognize the imperative of taking them into account for lasting human development; reaffirm our commitment to the principles of the rights of man as defined by the charter of the united nations of 1945, the universal declaration of the rights of man of 1948 and the african charter of the rights of man and of peoples of 1981; solemnly proclaim our right and our duty to resist and disobey any individual or group of individuals, and any organs of the state that would take power by force or would exercise it in violation of this constitution; affirm our total opposition to any regime of which the policy would be founded on arbitrariness, dictatorship, injustice, corruption, extortion, nepotism, clanism, tribalism, denominationalism and the seizure of power; affirm our determination to cooperate in peace and goodwill with all peoples sharing our ideals of freedom, of justice and of solidarity, based on the principles of equality, of mutual interests, of mutual respect and of national sovereignty, of territorial integrity and of non-interference; proclaim our dedication to the cause of african unity and our commitment to carry out everything possible to achieve sub-regional and regional integration; solemnly adopt this constitution as supreme law of the state. this preamble is an constitutive part of the constitution. title i. of the state and of sovereignty article 1 chad is a sovereign republic, independent, secular, social, one and indivisible, founded on the principles of democracy, the rule of law and of justice. the separation of the religions and of the state is affirmed. article 2 covering an area of one million two hundred eighty-four thousand (1,284,000) km², the republic of chad is organized into administrative districts and territorial collectivities of which autonomy is guaranteed by this constitution. article 3 sovereignty belongs to the people who exercise it either directly by referendum, or indirectly by the intermediary of their elected representatives. no community, no corporation, no political party or association, no trade union organization, no individual or group of individuals may assume its exercise. the conditions of recourse to the referendum are determined by this constitution and by an organic law. article 4 the political parties and groups contribute to the exercise of suffrage. they form themselves and freely exercise their activities according to the conditions provided for by the law and with respect for the principles of national sovereignty, territorial integrity, national unity and pluralist democracy. article 5 any propaganda of ethnic, tribal, regional or religious character attempting to harm the national unity or the secularity of the state is prohibited. article 6 suffrage is universal, direct or indirect, fair and secret. all chadians of both sexes, aged eighteen years of age and enjoying their civil and political rights, are electors within the conditions established by law. article 7 the principle of the exercise of power is the government of the people by the people and for the people, founded on the separation of the executive, legislative and judicial powers. article 8 the national emblem is the tricolor flag: blue, gold, and red in vertical bands and of equal dimensions, the blue being next to the pole. the motto of the republic of chad is unity work progress. the national anthem is la tchadienne. the national holiday is august 11, day of the independence of chad. the capital of the republic of chad is n’djaména. article 9 the official languages are french and arabic. the law establishes the conditions of promotion and of development of the national languages. article 10 the seals and the arms of the republic of chad are determined by law. article 11 the conditions of acquisition and of loss of chadian nationality are established by the law. title ii. of freedoms, of fundamental rights, and of duties article 12 the freedoms and the fundamental rights are recognized and their exercise guaranteed to the citizens within the conditions and forms provided for by the constitution and the law. article 13 chadians of both sexes have the same rights and the same duties. they are equal before the law. article 14 the state assures to all equality before the law without distinction of origin, of race, of sex, of religion, of political opinion or of social position. it has the duty to ensure the elimination of all forms of discrimination with regard to women and to assure the protection of their rights in all the domains of private and public life. article 15 subject to political rights, foreigners regularly admitted to the territory of the republic of chad have the same rights and freedoms as nationals within the limits of the law. they are held to conform to the constitution, to the laws and regulations of the republic. article 16 the rights of legal persons are guaranteed by this constitution. chapter i. of the freedoms and of the fundamental rights article 17 the human person is sacred and inviolable. every individual has the right to life, to the integrity of their person, to security, to liberty, to the protection of their privacy and of their property. article 18 no one may be subjected, either to degrading and humiliating abuse or treatment, or to torture. article 19 slavery, the trafficking in human beings, forced labor, physical or moral torture, inhuman, cruel, degrading and humiliating treatments, physical violence, feminine genital mutilations, premature marriages as well as other forms of debasement of the human being are prohibited. article 20 every individual has the right to free fulfilment of their person within respect for the rights of others, of good morals and of the public order. article 21 no one may be held in slavery or in servitude. article 22 illegal and arbitrary arrests and detentions are prohibited. article 23 no one may be detained in a penal establishment unless it constitutes an offense of a criminal law in force. article 24 one may only be arrested or accused by virtue of a law promulgated prior to the acts with which they are accused. article 25 every defendant is presumed innocent until the establishment of their culpability following a regular trial offering the indispensable guarantees for their defense. article 26 the penalty is individual. no one may be held responsible and prosecuted for an act not committed by them. article 27 customary and traditional rules concerning collective criminal responsibility are prohibited. article 28 the freedoms of opinion and of expression, of communication, of conscience, of religion, of the press, of association, of assembly, of movement, and of demonstration are guaranteed to all. they can only be limited in respect of the freedoms and rights of others and by the imperative to safeguard the public order and good mores. the law determines the conditions of their exercise. article 29 the freedom of trade unions is recognized. every citizen is free to affiliate with the trade union of their choice. article 30 the right to strike is recognized. it is exercised within the framework of the laws which regulate it. article 31 the dissolution of associations, political parties and trade unions may only occur within the conditions provided for by their statutes or by judicial means, and also in case of a threat to national unity. article 32 the constitution guarantees the right of democratic opposition. the law determines the rights and obligations constituting the status of the opposition. article 33 the access to public employment is guaranteed to every chadian without any discrimination, subject to the specific conditions of each job. each public agent signs, on beginning service, an ethical commitment. article 34 the state works for the promotion of women’s political rights through a better representation within the elected assemblies and institutions and administrations, both public and private. the ways and means of application of this article are established by the law. article 35 the state recognizes the right of all citizens to work. it guarantees just compensation to workers for their services or for their production. no one may be discriminated against in their work because of their origins, of their opinions, of their beliefs, of their sex or of their marital status. article 36 every chadian has the right to culture. the state has the duty to safeguard and to promote national cultural values. article 37 every citizen has the right to the creation, to the protection and to the enjoyment of their intellectual and artistic works. the state assures the promotion and protection of the national cultural patrimony as well as of artistic and literary production. article 38 every citizen has the right to education. public education is secular and free of charge. basic education and civic service are obligatory. private education is recognized and is exercised within the conditions defined by the law. article 39 the state assures the promotion and the development of general, technical and professional public education. article 40 the state and the autonomous collectivities create the conditions and the institutions which assure and guarantee the education of children, the promotion of gender and of handicapped persons. article 41 the family is the natural and moral base of society. the state and the autonomous collectivities have a duty to ensure the well-being of the family. article 42 parents have the natural right and duty to raise and to educate their children. the state and the autonomous collectivities see to it that they are supported in this task. children may only be separated from their parents or from those responsible for them when they fail in their duty. article 43 the state and the autonomous collectivities create conditions for the fulfillment and well-being of the youth. article 44 the state strives to provide for the needs of every citizen who, because of their age or their physical or mental inability, find themselves with an incapacity to work, notably by the institution of organs of a social character. article 45 private property is inviolable and sacred. no one may be dispossessed but on the grounds of duly declared public utility and with a just and prior indemnification. article 46 the home is inviolable. searches may only be effected within the cases and the forms prescribed by the law. article 47 every chadian has the right to establish their home or residence freely and in any place whatsoever on the national territory. article 48 every chadian has the right to circulate freely in the interior of the national territory, to leave it and to return to it. article 49 the secrecy of correspondence and of communications is guaranteed by the law. article 50 the right to asylum is granted to foreign nationals within the conditions determined by the law. the extradition of political refugees is prohibited. article 51 every person has the right to a healthy environment. article 52 the state and the autonomous collectivities must ensure environmental protection. the conditions of storage, handling and disposal of toxic wastes or pollutants from national activities are determined by the law. the transit, importation, storage, burying, or dumping of foreign toxic wastes or pollutants on the national territory is prohibited. chapter ii. of duties article 53 every citizen must respect the constitution, the laws and regulations as well as the institutions and the symbols of the republic. article 54 public property is inviolable. every person must respect and protect it. article 55 the public powers must promote, respect and enforce proper governance in the management of public affairs and suppress embezzlement, corruption and similar infractions. a category of public notable persons and agents of the state are subject to the obligation of declaration of patrimony at the commencement and the end of their duties, swearing an oath following the denominational formula consecrated by the law. article 56 the defense of the country and the integrity of the national territory is a duty for every chadian. military service is obligatory. the conditions for completion of this duty are determined by the law. the possession and the carrying of arms of war are strictly forbidden to civilians on the whole of the national territory. article 57 the protection of the environment is a duty for all. the state and the autonomous collectivities ensure the defense and protection of the environment. any damage caused to the environment must be made the object of a just reparation. article 58 every citizen contributes to public expenses according to their income and wealth. article 59 one may invoke neither religious beliefs nor philosophical opinions to avoid an obligation dictated by the national interest. article 60 the state has the duty to protect the legitimate interests of chadian nationals abroad. the state assures the participation of chadians residents abroad in the life of the nation. article 61 the state guarantees the political neutrality of the armed forces and security forces. article 62 the state takes the necessary measures to incorporate the rights of man and public freedoms in the programs of scholarly and university education as well as the training of defense and security forces. article 63 the state exercises its entire and permanent sovereignty over all the national natural riches and resources for the well-being of the whole national community. however, it may concede the exploration and the exploitation of these natural resources to private initiatives. article 64 the state guarantees freedom of enterprise. title iii. of the executive power article 65 the executive power is exercised by the president of the republic. the president of the republic is the person elected by the nation, and he personifies national unity. he is the guarantor of national independence, territorial integrity, respect for the constitution, as well as treaties and international agreements. he assures, by his arbitration, the regular functioning of public powers as well as the continuity of the state. chapter i. of the president of the republic article 66 the president is elected by universal direct suffrage for a term of six (6) years, renewable once. article 67 chadians of the two (2) sexes meeting the following conditions may present their candidature to the duties of president of the republic: be chadian by birth, born of father and mother themselves chadian of origin and not having a nationality other than chadian; be a minimum of forty-five (45) years old; enjoy all their civil and political rights; have good physical and mental health; be of good morality; reside in the territory of the republic of chad. the candidate must also pay a deposit, the amount of which is established by law. if the candidate is a member of the armed forces and security forces, he must first be placed on extended leave. article 68 the candidatures for the presidency of the republic are deposited with the supreme court at least forty (40) clear days and at most sixty (60) clear days before the first round of the ballot. thirty (30) days before the first round of the ballot, the supreme court decides to accept candidatures and publishes the list of the candidates. article 69 voting is opened upon convocation of the electors by decree taken in the council of ministers. the election of the new president takes place thirty-five (35) days at the latest before the expiration of the current term. article 70 in case of death or incapacity of one of the two (2) candidates most favored in the first round, before any possible withdrawals, the supreme court, after the finding, orders that it must proceed again with the entirety of the electoral operations; it is the same in case of death or incapacity of one of the two candidates remaining for the second round. article 71 the election of the president of the republic takes place by uninominal majority ballot in two (2) rounds. the candidate who has obtained the absolute majority of the suffrage expressed is declared elected at the first round. if no candidate has obtained the absolute majority in the first round, it proceeds, the second sunday following, to a second round for the two (2) candidates arriving before the others. the candidate having obtained the greatest number of votes in the second round is elected president of the republic. article 72 the conditions of eligibility, of presentation of the candidatures, of the course of the ballot, of the counting and of the proclamation of the results are specified by the law. article 73 the supreme court sees to the correctness of the ballot and declares the results. if no objection relative to the regularity of the electoral operations is filed with the supreme court by one of the candidates within the five (5) days of the provisional proclamation, the supreme court declares the president of the republic definitively elected. in case of objection, the supreme court is required to decide within fifteen (15) days from the provisional proclamation; its decision results in definitive proclamation or annulment of the election. if no objection is raised within the time period of five (5) days and if the supreme court deems that the election was not marred by any irregularity of a nature causing its annulment, it proclaims the election of the president of the republic within the ten (10) days which follow the ballot. in case of annulment, it proceeds to a new round of the ballot within the twenty-one (21) days following the decision. article 74 the mandate of the new president of the republic takes effect from the date of expiration of the preceding mandate. article 75 after the definitive proclamation of the results by the supreme court, the president of the republic elected takes an oath following the denominational formula consecrated by law, before the supreme court meeting in solemn audience, in the presence of the members of the national assembly. in the course of this public ceremony, he receives the attributes of his function and delivers on this occasion a message to the nation. the formulation of the oath is the following: "we .................., president of the republic elected according to the laws of the country, solemnly swear before the chadian people and, on my honor: to preserve, respect, enforce and defend the constitution and the laws; to fulfill with loyalty the high functions that the nation has entrusted in us; to respect and defend the republican form of the state; to preserve the integrity of the territory and the unity of the nation; to make every effort to guarantee justice to all citizens; to respect and to defend individual rights and freedoms". article 76 the functions of the president of the republic are incompatible with the exercise of any other elective mandates, of any public employment, and of any other professional and profitable activity. article 77 the president of the republic is obligated, upon beginning his duties and at the end of his mandate, to make on his honor a written declaration of his patrimony, addressed to the supreme court. article 78 during his term, the president of the republic may not by himself, or by an intermediary purchase or lease that which belongs to the domain of the state. he may not take part either by himself, or by an intermediary, in public and private contracts of the state or of its dismemberments. article 79 the law establishes the civil list and other benefits granted to the president in office. it also determines the conditions of granting a pension and other benefits to former presidents enjoying their civil and political rights. article 80 in the case of absence from the territory or temporary incapacity of the president of the republic, his interim is assured by a member of the government designated by his attention [par ses soins], within the limits of the powers that shall have been delegated to him. a regulatory act of the president of the republic determines the conditions of exercise of the interim. article 81 in case of vacancy of the presidency of the republic for any cause, or of definite incapacity as declared by the supreme court, referred to by the government, and deciding with the absolute majority of its members, the duties of the president of the republic, with the exception of the powers specified in articles 85, 88, 95 and 96, are provisionally exercised by the president of the national assembly and, in case of incapacity of the latter, by the first vice president. in every case, it proceeds to new presidential elections at least forty-five (45) days and ninety (90) days at most after the vacancy is opened. article 82 the president of the national assembly performing the functions of the president of the republic may neither dismiss the government, nor proceed to a revision of the constitution, nor dissolve the national assembly. article 83 the president of the republic is not responsible for acts committed in the exercise of his functions except in the case of high treason that is provided for in article 157. article 84 the president of the republic is the head of state, head of the government and of the administration. in this capacity, he determines and conducts the policy of the nation and he exercises regulatory power. article 85 the president of the republic appoints the members of the government. he sets their duties and terminates their functions. the members of the government are responsible before the president of the republic. article 86 the president of the republic presides over the council of ministers. the council of ministers deliberates obligatorily on: decisions determining the general policy of the state; bills of law; ordinances and regulatory decrees. article 87 the president of the republic has the initiative of law concurrently with the members of the national assembly. he promulgates the laws within the fifteen (15) days which follow the transmission of the law definitively adopted to the government. he can, before the expiration of this time period, demand of the national assembly a new deliberation of the law or of certain articles. the new deliberation, which may not be refused, suspends the time period of promulgation. in case of urgency, the time period for promulgation is reduced to eight (8) days. article 88 the president of the republic, during the sessions or on proposal from the national assembly published in the official gazette, and after the opinion of the supreme court, can submit to referendum any bill of law concerning organization of the public powers, including the approval of an agreement of union or the ratification of a treaty which, without being contrary to the constitution, would affect the functioning of the institutions. article 89 the president of the republic, after consultation of the national assembly, can submit to referendum any text or any question necessitating the direct consultation of the people. when the referendum has concluded with the adoption of the text, the president of the republic promulgates it within the time period provided for in article 87 section 2. article 90 the president of the republic assures the execution of the laws. he guarantees the execution of the decisions of justice. article 91 the president exercises the right of pardon and the initiative of bills of law of amnesty. article 92 the president of the republic accredits and recalls the ambassadors and extraordinary envoys to the states and to the international organizations. the foreign ambassadors and extraordinary envoys are accredited to him. article 93 the president of the republic is the supreme head of the armies. he presides over the superior councils and committees of the national defense. article 94 the president of the republic can, outside of the specialized functions of defense of territorial integrity reserved for the defense and security forces, have these contribute to the economic development of the nation and to any other tasks of public interest within the conditions defined by law. article 95 when the regular functioning of the public powers is threatened by persistent crises between the executive power and the legislative power, the president of the republic can pronounce the dissolution of the national assembly. the general elections take place within a time period of forty-five (45) days after the dissolution of the national assembly. the national assembly meets with full rights on the fifteenth working day following its election. if this meeting takes places outside of the periods provided for the ordinary sessions, a session is opened of right for a time period of fifteen (15) days. a new dissolution may not proceed in the year which follows these elections. article 96 when the institutions of the republic, the independence of the nation, the territorial integrity or the fulfilment of international commitments are threatened in a serious and immediate manner, such that the regular functioning of the public powers is interrupted, the president of the republic, after obligatory consultation of the president of the national assembly and with the president of the supreme court, takes in the council of ministers, for a time period not exceeding thirty (30) days, the exceptional measures required by the circumstances. this period may only be extended after the conforming opinion of the national assembly. the national assembly meets of plain right if it is not in session. the president informs the nation of it by a message. the end of the crisis is declared by a message of the president of the republic to the nation. these exceptional measures shall not justify infringements on human rights, on physical and moral integrity and on the jurisdictional guarantees granted to individuals. article 97 the measures taken by virtue of the preceding article must be motivated by the will to assure constitutional public powers, within the least time period, the means to accomplish their mission. the national assembly may not be dissolved during the exercise of exceptional powers. article 98 the president signs the orders and the decrees taken in the council of ministers. he appoints, in the council of ministers, to the high civil and military functions of the state. an organic law determines the offices over which he has purview in the council of ministers as well as the conditions under which the president of the republic’s power of appointment may be delegated by him to be exercised in his name. article 99 the president of the republic communicates with the national assembly by messages which do not give rise to any debate. out of session, the national assembly is convened specially to this effect. article 100 the acts of the president of the republic other than those relating to: the dissolution of the national assembly; the recourse to referendum; the exercise of exceptional powers; the messages addressed by him to the national assembly; the referral of matters to the supreme court; the appointment of members of the government, of the supreme court, of the high authority of the media and of audiovisuasl, of the national commission of the rights of man, of the high council of the autonomous collectivities and of the traditional leadership (chefferies), and of the economic, social and cultural council; the right of pardon; the ordinary [simples] decrees, are countersigned by the ministers responsible, the case arising. article 101 the president of the republic may delegate certain powers to the ministers. article 102 the president of the republic addresses, once annually, a message to the national assembly on the state of the nation. he can also, at any moment, address messages to the national assembly. these message do not give rise to any debate; they may always motivate the work of the national assembly. chapter ii. of the government article 103 the government is composed of the president of the republic and of the ministers. article 104 the government executes the policy of the nation defined by the council of ministers. it assures the execution of the laws. article 105 the ministers are appointed by the president of the republic. before the commencement of their duties, the ministers swear an oath before the president of the republic, following the denominational formula consecrated by the law. article 106 the ministers are only responsible before the national assembly within the conditions and following the procedures provided for in articles 109, 112, 144 and 145. article 107 the government assures public security and the maintenance of order with respect for the freedoms and the rights of man. to this end, it has at is disposal all the police forces responsible for the maintaining of order and of domestic security. article 108 at the commencement and end of their duties, the members of the government are held to file the list of their assets before the supreme court. the members of the government are justiciable before the jurisdictions of common law for the economic and financial crimes and misdemeanors committed by them in the exercise of their functions. the provisions relative to public contracts and adjudications provided for in article 78 are applicable to the members of the government. article 109 any minister can, in the exercise of their government functions, be interpellated by the national assembly. in this circumstance, the national assembly can take a resolution or make recommendations to the president of the republic. article 110 the functions of members of the government are incompatible with the exercise of any parliamentary mandate, of any function of professional representation of national character, with any public employment or any professional lucrative activity, with the exceptions of education, of scientific research, of health, of agriculture and of animal husbandry. title iv. of the legislative power article 111 the legislative power is exercised by the national assembly. the members of the national assembly have the title of deputy. article 112 the national assembly votes on laws, controls the action of the government, evaluates the public policies and controls the execution of the laws. it votes on resolutions within the conditions established by its internal regulations. article 113 the deputies are elected by direct universal suffrage. the mandate of the deputies is five (5) years renewable. article 114 the deputies represent the entire nation. any imperative mandate is null and of no effect. chadians abroad and chadian nomads are represented in the national assembly. article 115 chadians of the two sexes, fulfilling the conditions established by the law, may be candidates to the national assembly. article 116 an organic law establishes the number of deputies, their indemnities, and the system of ineligibilities and incompatibilities. it establishes equally the conditions under which substitutes are elected until the renewal of the national assembly. the functions of deputy are incompatible with the exercise of any function of professional representation of national character, with any public employment or any professional lucrative activity, with the exceptions of education, of scientific research, of health, of agriculture and of animal husbandry. article 117 the members of the national assembly benefit from parliamentary immunity. no deputy may be prosecuted, investigated, arrested, detained or tried for the opinions or votes cast by him in the exercise of his functions. during the session, a deputy may only be prosecuted or arrested in a criminal or correctional matter with the permission of the national assembly, except in cases of flagrante delicto. a deputy, out of session, may only be arrested with the authorization of the bureau of the national assembly, except in case of flagrante delicto, of authorized prosecutions or definitive condemnation. in the case of an established crime or offense, the immunity can be lifted by the national assembly during the sessions or by the bureau of the said assembly out of session. in cases of flagrante delicto, the bureau of the national assembly is immediately informed of their arrest. article 118 the members of the bureau of the national assembly are elected by secret ballot at the beginning of the first session of the legislature. the president of the national assembly is elected for the duration of the legislature. the other members of the bureau are elected for a term of two and a half years (30 months) renewable. article 119 in case of a serious, substantiated breach, the members of the bureau of the national assembly can be replaced as a result of a vote of a two-thirds (2/3) majority. in case of vacancy in a post in the bureau for any reason, it proceeds within the twenty-one (21) days which follow the new elections to fill the post. article 120 the right to vote of the deputy is personal. however, an organic law may authorize exceptionally the delegation to vote. in this case, no one may receive delegation of more than one mandate. article 121 the internal regulations of the national assembly determine: the composition and the rules of operation of the bureau as well as the prerogatives of its president; the number, the mode of designation, the composition, the role and the competence of its permanent commissions, of its commissions of delegation as well as its temporary commissions; the organization of the administrative services; the disciplinary regime of the deputies; the different styles of the ballot, with the exclusion of those provided for by the constitution; all the rules relative to the operations of the national assembly. article 122 if, at the opening of a session, the quorum of two-thirds [2/3] of the deputies is not attained, the sitting is postponed to the third working day which follows. in this case, the deliberations are only valid if at least half of the deputies are present. article 123 the sittings of the national assembly are valid only if they occur in the ordinary place of their sessions, except in case of force majeure. the sittings of the national assembly are public. however, the assembly may sit in closed session at the demand of the president of the republic or of one-third (1/3) of its members. the complete record of the debates of the national assembly is published in the journal officiel de la république [official gazette of the republic]. article 124 the national assembly meets of full right in two (2) ordinary sessions per year. the first session opens on the fifth (5) of march. the second session opens on the fifth (5) of september. if the fifth (5) of april or fifth (5) of september is a holiday, the opening of the session takes place on the first working day which follows. the duration of each session may not exceed one hundred twenty (120) days. article 125 the national assembly meets in extraordinary session at the demand of the president of the republic or of the absolute majority of the members of the national assembly on a specific agenda. when the extraordinary session is held at the demand of the members of the national assembly, the decree of cloture takes effect once the national assembly has exhausted the agenda for which it had been convoked and at the latest fifteen (15) days counting from the date of the session’s commencement. the president of the republic can demand one new session before the expiration of the month which follows the decree of cloture. article 126 outside of the cases in which the national assembly meets of full right, the extraordinary sessions are opened and closed by decree of president of the republic. title v. of the relations between the executive power and the legislative power article 127 the law is voted by the national assembly with respect for the division of jurisdiction between the central state and the autonomous collectives. the law establishes the rules concerning: the civil rights and the fundamental guarantees accorded to citizens for the exercise of the public freedoms; the promotion of gender, of youth and of handicapped persons; the mobilization of resources and of persons in the interest of the national defense; the fundamental principles of the organization of the defense and security forces as well as a charter of the rights and duties of their members; nationality, the status and capacity of persons, the matrimonial regimes, inheritance and gifts; the family code; the civil procedure; the determination of criminal infractions as well as the penalties applicable to them; the criminal procedure, amnesty, the creation of new orders of jurisdiction and statute of the magistrates; the penitentiary system; the base, the rate and modalities of tax collection of any nature; the system of minting currency; the creation of categories of public establishments; the nationalization of enterprises and transfers of ownership of enterprises of the public sector to the private sector; the fundamental guarantees granted to the civil and military functionaries of the state; the electoral system; the procedure according to which customs are declared and harmonized with the principles of the constitution; the conditions of exercise of civic service and of obligatory military service; the obligation of the declaration of patrimony and the list of persons so subject to this obligation; the formula of the denominational oath, consecrated by the law for the categories of notable persons and agents subject to this obligation; the state of siege and the state of urgency. the law defines the fundamental principles: of the administrative organization of the territory; of the organization of the general administration; of the general status of the public function; of the general organization of the national defense; of the free administration of the autonomous collectivities, of their jurisdiction and of their resources; of urban planning and management of the territory; of the charter of the political parties, of the regimes of associations and of the press; of education and of scientific research; of public health, of social affairs and of the rights of the child; of the social security system; of the system of ownership, of real rights and of civil and commercial obligations; of the protection of the environment and of the conservation of natural resources; of the regime of land tenure; of the regime of the domain of the state; of insurance, of savings and of credit; of the right to work and the rights of unions; of culture, of the arts, and of sports; of the regime of transportation and telecommunications; of agriculture, of livestock, of fisheries, of wildlife, of water and of forests. the provisions of this article shall be specified and complemented by an organic law. article 128 the matters other than those which are of the domain of the law have a regulatory character. the legislative texts relating to these matters can be modified by decree after the opinion of the supreme court. those of these texts which have acted after the entry into force of this constitution may only be modified by decree if the supreme court has declared that they have a regulatory character by virtue of the preceding paragraph. article 129 the declaration of war is authorized by the national assembly. article 130 the state of siege and the state of urgency are decreed in the council of ministers. the president of the republic informs the national assembly of it. their extension beyond twenty-one (21) days may only be authorized by the national assembly. article 131 the president of the republic decides to send troops of the chadian army outside of the national territory. the president of the republic informs the national assembly of this decision to have the armed forces intervene abroad, at the latest three (3) days after the beginning of the intervention. he precisely states the objectives pursued. when the duration of the intervention exceeds four (4) months, the government submits its extension (of military activity) to the authorization of the national assembly. article 132 the president of the republic can, for the execution of its program, demand of the national assembly the authorization to take by ordinance, for a limited time period, the measures that are normally in the domain of the law. the object of the authorization must be enumerated and substantiated in the request addressed to the national assembly. the ordinances are taken in the council of ministers after the opinion of the supreme court. they enter into force on their publication but become lapsed if the bill of law of ratification is not filed before the national assembly before the date established by the authorizing law. at the expiration of the time period mentioned in the first paragraph of this article, the ordinances may only be modified further by the law in those matters which are of the legislative domain. article 133 the members of the government have access to the national assembly and to its commissions. they are heard at the demand of a deputy or of a commission. they may be assisted by collaborators. article 134 the organic law is a law which specifies or completes one or more constitutional provisions. it is voted on by the national assembly. it may only be promulgated if the supreme court, obligatorily referred to the matter by the president of the republic, has declared it in conformity with the constitution. the provisions granted to the president of the republic which authorize him to legislate are not applicable to the organic laws. article 135 the program laws determine the objectives of the economic, social, and cultural action of the state. article 136 the laws of finance determine the resources and the obligations of the state within the conditions and under the reserves provided for by an organic law and conforming to the rules of transparence and of good governance. the national assembly votes on finance bills within the conditions provided for by an organic law. the finance bill is filed with the bureau of the national assembly at the latest on the eve of the beginning of the second ordinary session. the national assembly has one hundred (100) days at most to vote on the finance bill. if, by result of a case of force majeure, the government could not file the annual finance bill in a timely fashion for the national assembly to deal with it, before the end of the ordinary session and within the time period specified in the preceding paragraph, that session is, immediately and of fullright, followed by an extraordinary session of which the duration is at most equal to the time necessary to complete the aforementioned time period. if the finance bill is not voted definitively at the expiration of the time period of one hundred (100) days specified above, it can be brought into force by ordinance. this ordinance must take into account the amendments voted by the national assembly and accepted by the government. if, taking into account the above procedure, the law cannot be brought into force before the beginning of the budgetary year, the government is authorized to continue to collect the receipts and to execute, on a provisional basis, month by month, the expenditures on the basis of the credits opened by the last finance bill related to the previous financial year. the supreme court assists the government and the national assembly in the execution of finance laws. the national assembly regulates the accounts of the nation following the changes provided for by the organic law relative to the law of finance. it is, to this effect, assisted by the supreme court, which it tasks with any inquiry and study relating to the execution of the receipts and the public expenses or the management of the national treasury, of the autonomous collectivities, of the administrations or institutions relevant to the state or submitted to the control of it. the bill of law of regulation must be deposited with the national assembly one (1) year at the latest before the execution of the budget. article 137 the initiative of law belongs concurrently to the president of the republic and to the members of the national assembly. the bills of law are submitted, by the president of the republic, to the supreme court for its opinion, before being examined in the council of ministers. the bills of law are deliberated in the council of ministers and filed with the bureau of the national assembly. article 138 the bills of law relative to the competences and to the resources of the autonomous collectivities are voted on by the national assembly. article 139 the proposals and amendments formulated by the members of the national assembly are not admissible when their adoption would have as a consequence either a diminution of public resources, or the creation of an increase in public expenditures, unless they are accompanied by a proposal of augmentation of receipts or of equivalent savings. article 140 if it appears during the course of the legislative procedure that a proposal or an amendment is not in the domain of the law or is contrary to a delegation granted by virtue of the provisions of article 132 relative to authorization, the government may oppose the admissibility. in case of disagreement between the president of the republic and the national assembly, the supreme court, at the demand of one or other of the parties, decides within a time period of eight [8] days. article 141 the discussion of the bills of law concerns the text presented by the president of the republic. article 142 the bills and proposals of laws are sent for inspection to the commissions specifically designated to that effect. the bills and proposals for which such a request has not been made are sent to one of the permanent commissions. article 143 the members of the national assembly and the government have the right of amendment. when the national assembly has conferred the inspection of a draft to a commission, the government can, after the opening of the debates, oppose the review of any amendment that had not been previously submitted to that commission. if the government requests it, the national assembly decides by a sole vote on all or part of the text under discussion, only retaining in it the amendments proposed or accepted by it. article 144 the agenda of the national assembly is established by the conference of presidents of which the composition is determined by the internal regulations. a member of the government assists it of right. three (3) sittings per month are reserved by priority for the agenda established by the government. one (1) sitting per week is reserved for the review and the adoption of the proposals of law. two (2) sittings per session are reserved for the control and for the evaluation of the public policies. one (1) sitting every two weeks is reserved for the questions of the members of the national assembly and to the responses of the government. one (1) sitting per month is reserved for questions to the government on current matters. article 145 the government is obligated to provide the national assembly all of the explanations which are demanded of it on its administration and on its activities. the means of information and control of the national assembly on the action of the government are: the interpellation; the written question; the oral question; the questions on current matters; the commission of inquiry; the hearing in commissions; the evaluation of the public policies. these means are exercised within the conditions determined by the internal regulations of the national assembly. title vi. of the judicial power article 146 the judicial power is independent of the executive power and of the legislative power. article 147 a sole order of jurisdiction is instituted, of which the supreme court is the highest instance in judicial, administrative, and constitutional matters, and of the control of accounts. article 148 the judicial power is exercised in chad by the supreme court, the courts of appeal, the high military court, the tribunals and the justices of the peace. it is the guardian of the freedoms and of individual property. it sees to the respect of fundamental rights. article 149 justice is rendered in the name of the chadian people. article 150 the president of the republic is the guarantor of the independence of the magistrature. he sees to the execution of the laws and of the judicial decisions. he is assisted by the superior council of the magistrature. article 151 the president of the republic presides over the superior council of the magistrature. the minister of justice is, of right, the first vice president of it. the president of the supreme court is the second vice president of it. the other members of the superior council of the magistrature are elected by their peers within the provisions established by the law. article 152 the superior council of the magistrature proposes the appointments and the promotions of the magistrates. article 153 the magistrates are appointed by decree of president of the republic after the conforming opinion of the superior council of the magistrature. they are revoked under the same conditions. article 154 the discipline and the responsibility of the magistrates at all levels belongs to the superior council of the magistrature. in disciplinary matters, the presidency of the superior council of the magistrature is assured by the president of the supreme court. article 155 in the exercise of their duties, the presiding magistrates are only subject to the authority of the law. they are irremovable. article 156 the other rules of organization, of operation, as well as the system of incompatibilities are established by a law. chapter i. of the supreme court article 157 the supreme court is the highest jurisdiction of chad in judicial, administrative, and constitutional matters and matters of accounts. it attends to disputed presidential, legislative, and local elections. it sees to the regularity of the operations of referendum and proclaims the results of them. it decides on the pleadings of unconstitutionality raised by any citizen before a jurisdiction in a matter which concerns him. in this case, the jurisdiction postpones to decide and refers the matter to the supreme court, which must make a decision within a maximum time period of forty-five (45) days. the supreme court is also competent to judge the president of the republic and the members of the government as well as their accomplices in case of high treason. any act infringing the republican form, the uniqueness and secularity of the state, the sovereignty, the independence and the integrity of the national territory, constitutes a crime of high treason. the grave and characteristic violations of the rights of man, drug trafficking and the introduction of toxic or dangerous wastes, in regards to their transit, deposit or storage on the national territory, are understood as high treason. the supreme court is composed of five (5) chambers: one (1) judicial chamber; one (1) administrative chamber; one (1) constitutional chamber; one (1) chamber of accounts; one (1) non-permanent chamber composed of seven (7) deputies and of four (4) magistrates of the supreme court elected by their peers and responsible for the cases of high treason. the supreme court decides in last resort and its decisions are without recourse. article 158 the supreme court is composed of forty-three (43) members having one (1) president and forty-two (42) councilors. the president of the supreme court is chosen from among the professional magistrates. he is appointed by decree of the president of the republic after the opinion of the president of the national assembly. the other members are designated in the following fashion: seventeen (17) chosen from among the high professional magistrates of which: seven (7) from among the specialists of administrative law of which: four (4) by the president of the republic; three (3) by the president of the national assembly; eleven (11) from among the specialists of budgetary law and of public accounting of which: six (6) by the president of the republic; five (5) by the president of the national assembly; seven (7) from among the specialists in constitutional law of which: four (4) by the president of the republic and three (3) by the president of the national assembly. the members of the supreme court are designated for a mandate of seven (7) years renewable. the attributions and the other rules of organization and of operation as well as the procedure followed before the supreme court are determined by an organic law. article 159 the members of the supreme court are irremovable during their mandate. article 160 before assuming their function, the non-magistrate members of the supreme court take an oath before the supreme court, in the presence of the president of the republic and of the president of the national assembly, following the denominational formula consecrated by the law. chapter ii. of customary and traditional rules article 161 until their codification, the customary and traditional rules are only applicable in the communities where they are recognized. however, customs contrary to the public order or those that promote inequality between citizens are prohibited. article 162 the customary and traditional rules governing the matrimonial regimes and inheritance may only be applicable with the consent of the concerned parties. in default of consent, the national law alone is applicable. it is the same in case of conflict between two [2] or more customary rules. article 163 the customary and traditional remedies may not be made an obstacle to public action. title vii. of the high council of the autonomous collectivities and of traditional leadership [chefferies] article 164 a consultative organ called the high council of the autonomous collectivities and of traditional leadership is instituted. article 165 the high council of the autonomous collectivities and of traditional leadership is a consultative assembly. it gives its substantiated opinion on the policy of decentralization, on territorial planning, and on questions relative to traditional leadership. it participates in the non-jurisdictional settlement of disputes. article 166 an organic law determines the mode of designation, the number and the title of the members, as well as the rules of institutional organization and operation. title viii. of the economic, social and cultural council article 167 a consultative organ called the economic, social and cultural council is instituted. article 168 the economic, social and cultural council is tasked with giving its opinion on the questions of economic, social, cultural or environmental character brought to its examination by the president of the republic or by the president of the national assembly. it may be consulted on any draft of a plan or of a program of economic, social, cultural or environmental nature. it may also analyze any problem of economic, social, cultural or environmental development. it submits its conclusions to the president of the republic. article 169 the economic, social and cultural council may designate one of its members at the request of president of the republic or of the president of the national assembly, to present before these bodies the opinion of the council on the questions that have been submitted to it. article 170 an organic law establishes the composition, the organization and the operations of the economic, social and cultural council. title ix. of the national commission of the rights of man article 171 a national commission of the rights of man is instituted. the national commission of the rights of man (cndh) is an independent administrative authority. article 172 the national commission of the rights of man has for its mission: to formulate opinions for the government on the questions relative to the rights of man and including the condition of women, the rights of the child and of the handicapped; to assist the government and the other national and international institutions concerning all questions relative to the rights of man in chad in conformity with the charter of the rights of man and of the fundamental freedoms; to participate in the revision of the legislation in force and in the elaboration of new norms relative to the rights of man, with a view to the construction of the state of law and to the reinforcement of democracy; to proceed with inquiries, studies, and publications relative to the rights of man; to advise the government concerning the ratification of international juridical instruments relative to torture and to inhuman and degrading treatment. article 173 the national commission of the rights of man (cndh) is autonomous concerning the choice of the questions that it examines since it refers itself to the matters. the commission is entirely free in its opinions that it sends to the president of the republic and of which it assures diffusion for public opinion. article 174 the rules of organization and of functioning as well as the composition of the national commission of the rights of man are determined by the law. title x. of military justice article 175 a military justice system including a military tribunal and a high military court is instituted. article 176 the military tribunal hears in first instance all the contraventions and offenses committed by the military personnel whatever their rank. article 177 the high military court hears in appeal and in last resort of the judgments rendered by the military tribunal within the conditions defined by the law. it hears in first instance of all the infractions that threaten state security and of the crimes committed by the military personnel whatever their rank. article 178 a law establishes the composition, the organization, the operations and the competences of the military jurisdictions. title xi. of the high authority of the media and of the audiovisual article 179 a high authority of the media and of the audiovisual (hama) is instituted. the high authority of the media and of the audiovisual is an independent administrative authority. article 180 the high authority of the media and of the audiovisual is composed of nine (9) members appointed by decree of president of the republic. they are designated in the following manner: two (2) notable persons by the president of the republic; two (2) notable persons by the president of the national assembly; three (3) professionals in audiovisual communication and of the press nominated by their peers; one (1) magistrate nominated by the president of the supreme court; one (1) notable person of the world of culture, of the arts and letters, nominated by their peers. article 181 the high authority of the media and of the audiovisual elects its bureau from among its members. article 182 the high authority of the media and of the audiovisual: sees to the respect of the rules of ethics and of legislation in matters of information and of communication; regulates the access and the exercise of the profession of journalist; guarantees the freedom of the press and the pluralistic expression of opinions within the framework of respect for the national cultural values, for the public order and for the private life of citizens; regulates the relations of communication between the public powers, the organs of information and the public; assures to the political parties equal access to the public media; guarantees to associations equitable access to the public media; gives technical advice and recommendations on questions related to the domain of information. article 183 the other attributions, the organization and the operations of the high authority of the media and of the audiovisual are specified by the law. title xii. of national defense and of security article 184 the national defense and security are assured by the defense and security forces. article 185 the defense and security forces are composed of: the national army; the national gendarmerie; the national police; the national and nomadic guard; the corps of judicial police. article 186 the defense and security forces are in the service of the nation. they are subject to republican legality. they are subordinated to civil power. article 187 the defense and security forces are apolitical. article 188 the national defense is assured by the national army, the national gendarmerie and the national and nomadic guard. the maintenance of the public order and of security is assured by the national police, the national gendarmerie and the national and nomadic guard. chapter i. of the national army of chad article 189 the national army of chad has for its mission the defense of territorial integrity and national unity. it must guarantee the national independence and security against any external aggression or threat. article 190 the national army of chad participates in tasks of economic and social development as well as in humanitarian operations. article 191 missions not provided for by this constitution are defined by the law. chapter ii. of the national gendarmerie article 192 the national gendarmerie has for its mission: to assure the protection of persons and of assets; to assure the maintenance and the reestablishment of the public order in the outskirts of large towns and in the rural world; to assure respect for laws and regulations. its action is exercised on all of the national territory with respect for the freedoms and of the rights of man. chapter iii. of the national police article 193 the national police has for its mission: to see to the security of the state; to assure the maintenance and the reestablishment of the public order; to see to the security and to the protection of persons and of assets; to see to the [public] tranquility and to the public health [salubrité]; to assure respect for the laws and regulations. article 194 the action of the national police action is exercised on the whole of the national territory within respect for the freedoms and for the rights of man. chapter iv. of the national and nomadic guard article 195 the national and nomadic guard has for its mission: the protection of the political and administrative authorities; the protection of public buildings; the maintenance of order in the rural and nomadic setting; the guarding and the surveillance of detention facilities article 196 the action of the national and nomadic guard is exercised on the whole of the national territory with respect for the freedoms and of the rights of man. chapter v. of the corps of the judicial police article 197 a corps of judicial police is instituted. article 198 the corps of judicial police is composed of officers and of agents of judicial police originally from the national gendarmerie and from the national police. article 199 the corps of judicial police, is placed in the exclusive service of the minister in charge of justice, and has for its mission: to declare infractions, and to collect evidence of them, to investigate their actors, and to place these actors at the disposal of judicial authorities; to assure respect for the laws and regulations. article 200 the organization, the operations, and the other missions and duties of the national army, of the national gendarmerie, of the national police, of the national and nomadic guard and of the corps of the judicial police, are established by the law. title xiii. of the autonomous collectivities article 201 the autonomous collectivities of the republic of chad are: the provinces; the communes. article 202 an organic law determines the number, the denominations and the territorial limits of these autonomous entities. article 203 the autonomous collectivities are endowed with moral personality. their administrative, financial, patrimonial, and economic autonomy is guaranteed by the constitution. on the basis of the principle of subsidiarity, the autonomous collectivities have exclusive jurisdiction and competences divided with the state, within the conditions established by law. the autonomous collectivities have at their disposal, within their respective jurisdictions and within their territorial responsibility, a regulatory power for the exercise of their duties. the division of competences between the state and the autonomous collectivities is effected in accordance with the provisions of this constitution and by the law in consideration of the local and national interests. article 204 the autonomous collectivities manage themselves freely by elected assemblies which govern by their deliberations the matters which are devolved to them by the constitution and by the law. the deliberations of the local assemblies are executory of full right upon their publication. however, they may not violate constitutional, legislative, and regulatory provisions. article 205 the members of the local assemblies are elected by universal direct suffrage for a mandate of six (6) years renewable one time. article 206 the local assemblies elect, from among themselves, executive organs for a mandate of three years renewable. the executive organs are responsible before the local assemblies. article 207 the state assures the protection of the autonomous collectivities. no autonomous collectivities may exercise a protection over another. the state is represented in the autonomous communities by the heads of the units deconcentrated administrative bodies, responsible for defending national interests and enforcing laws and regulations. article 208 before the autonomous collectivities, the governors of the provinces, the prefects of a department and the administrators delegated before the communes represent the central power. in the name of the government, they assure the application of the laws, implement the regulations and governmental decisions and exercise administrative control with respect for the principle of autonomy. the governors of the provinces, the prefects of the departments and the administrators delegated before the communes assist the presidents of the provincial councils, of the communal councils and the mayor of the city of n’djaména, in the implementation of the plans and of the programs of development. under the authority of the ministers concerned, they coordinate the activities of the services devolved from the central administration and ensure their proper functioning. article 209 the state sees to the harmonious development of all the autonomous collectivities on the basis of national solidarity, of provincial potential and of inter-provincial balance. article 210 the autonomous collectivities vote and manage their budgets. they are endowed with a local public function by which they recruit agents and administer the careers. article 211 the resources of the autonomous collectivities are constituted in particular by: the revenues of the tariffs and taxes voted on by the assemblies of the autonomous collectivities and directly collected by them; the part that is returned to them, of right, from the revenues of tariffs and taxes collected for the profit of state budget; the revenues of the endowments and the subsidies attributed by the state; the revenues of the loans contracted by the autonomous collectivities, either on the domestic market, or on the foreign market after the agreement of the national monetary authorities, with or without guaranty of the state; the gifts and bequests; the revenues of their patrimony; the percentage on the revenues of the resources of the soil and of the sub-soil exploited on their territory. article 212 the autonomous collectivities freely dispose of their resources. they may receive all or part of the revenue of the taxes of all natures. the fiscal receipts and the other resources proprietary to the autonomous collectivities represent, for each category of collectivity, a determinate part of the whole of their resources. any transfer of competences between the state and the autonomous collectivities is accompanied by the attribution of equivalent resources to those which should be consecrated. any creation or extension of competences having as a consequence the increase of expenditures of the autonomous collectivities is accompanied by resources. the law establishes the implementation of these rules and provides for measures of equalization allocated to favor equality between the autonomous collectivities. article 213 the law provides for an autonomous measure of development for the benefit of the autonomous collectivities. article 214 when the participation of several autonomous collectivities is necessary for the realization of a project, the collectivities concerned agree to the modalities of their cooperation. article 215 the autonomous collectivities may constitute groups with the objective of making mutual means and programs. article 216 an organic law establishes: the rules relative to the juridical status, to the organization, to the operations and to the duties of the autonomous collectivities as well as their relations with the central power; the conditions of democratic management of their affairs by the provinces and communes, the number of councilors, the rules relative to eligibility, to the incompatibilities and to the case of interdiction of accumulation of mandates, as well as the electoral regime and the provisions looking to assure a better participation of women and of the youth within these councils; the conditions of execution of the deliberations and the decisions of the provincial and municipal councils, conforming to the provisions of the constitution; the exclusive competences and the competences divided with the state; the financial and accounting system of the provinces and the communes; the resources and the modalities of the development mechanisms of the collectivities; the conditions and the modalities of group constitutions; the provisions favoring intercommunal development; the rules of governance relative to proper functioning, to free administration, to control of the management of funds and programs, to the evaluation of actions and to the rendering of accounts. title xiv. of the traditional and customary authorities article 217 the traditional and customary authorities are the guarantors of use and custom. article 218 the traditional and customary authorities participate in particular in: the valuing of use and customs; the promotion of the ideas of peace, of development and of social cohesion; the non-jurisdictional regulation of disputes within their territorial jurisdiction. article 219 they concur in the control of populations and support the action of the autonomous collectivities. article 220 a law determines their status and attributions. title xv. of cooperation, of the treaties and international agreements article 221 the republic of chad may finalize with other states agreements of cooperation or of association on the basis of the principles of equality, of mutual respect of sovereignty, of territorial integrity, of reciprocal advantages and of national dignity. it may create with the states organizations of common management, of coordination and cooperation within the economic, monetary, financial, scientific, technical, military and cultural domains. article 222 the president of the republic negotiates and ratifies the treaties. he is informed of any negotiation regarding the finalization of an international agreement not submitted to ratification. article 223 the peace treaties, the defense treaties, the treaties of commerce, the treaties relative to the use of the national territory or to the exploitation of the natural resources, the agreements relative to international organization, those which engage the finances of the state or those which are relative to the state of persons, may only be approved or ratified after the authorization of the national assembly. these treaties and agreements only take effect after having been approved and ratified. no cession, no exchange, no addition of territory, is valid without the consent of the people expressed by means of referendum. article 224 if the supreme court, referred to the matter by the president of the republic or by the president of the national assembly, has declared that an international engagement contains a clause contrary to the constitution, the authorization of ratification may only take effect after constitutional revision. article 225 the treaties or agreements regularly ratified have, on their publication, an authority superior to that of the national laws, under reserve for each agreement or treaty of its application by the other party. title xvi. of revision article 226 the initiative of revision belongs concurrently to the president of the republic, after decision taken in the council of ministers, and to the members of the national assembly. to be taken into consideration, the bill or the proposal of revision must be voted on with the majority of three-fifths (3/5) of the members of the national assembly. the revision of the constitution is approved by referendum or by the vote of the majority of two-thirds (2/3) of the members of the national assembly. article 227 no procedure of revision may be implemented or pursued when it infringes: the integrity of the territory, independence, or the national unity; the republican form of the state, the principle of the separation of powers and secularity; the freedoms and fundamental rights of the citizen; the policy of pluralism. article 228 no procedure of revision may be implemented when the president of the republic exercises exceptional powers or when the interim president exercises the functions of president of the republic in accordance with the provisions of articles 82 and 95 of this constitution. title xvii. of transitory and final provisions article 229 until the implementation of the new institutions, those in place continue to exercise their functions and duties in accordance with the laws and regulations in force. the mandate of the president of the republic in exercise of his duties is limited to its term. article 230 the legislation currently in force in chad remains applicable, insofar as it has nothing contrary to this constitution, except the adoption of new texts. article 231 notwithstanding the provisions of article 132 of this constitution, the president of the republic is authorized, within the framework of the implementation of the acts of the inclusive national forum, to legislate by way of ordinances. article 232 this constitution enters into force on its promulgation by the president of the republic and within eight (8) days following its adoption. preamble china is one of the countries with the longest histories in the world. the people of all nationalities in china have jointly created a splendid culture and have a glorious revolutionary tradition. feudal china was gradually reduced after 1840 to a semi-colonial and semi-feudal country. the chinese people waged wave upon wave of heroic struggles for national independence and liberation and for democracy and freedom. great and earth-shaking historical changes have taken place in china in the 20th century. the revolution of 1911, led by dr. sun yat-sen, abolished the feudal monarchy and gave birth to the republic of china. but the chinese people had yet to fulfill their historical task of overthrowing imperialism and feudalism. after waging hard, protracted and tortuous struggles, armed and otherwise, the chinese people of all nationalities led by the communist party of china with chairman mao zedong as its leader ultimately, in 1949, overthrew the rule of imperialism, feudalism and bureaucratic capitalism, won the great victory of the new-democratic revolution and founded the people's republic of china. thereupon, the chinese people took state power into their own hands and became masters of the country. after the founding of the people's republic, the transition of chinese society from a new-democratic to a socialist society was effected step by step. the socialist transformation of the private ownership of the means of production was completed, the system of exploitation of man by man eliminated and the socialist system established. the people's democratic dictatorship led by the working class and based on the alliance of workers and peasants, which is in essence the dictatorship of the proletariat, has been consolidated and developed. the chinese people and the chinese people's liberation army have thwarted aggression, sabotage and armed provocations by imperialists and hegemonists, safeguarded china's national independence and security and strengthened its national defense. major successes have been achieved in economic development. an independent and fairly comprehensive socialist system of industry has in the main been established. there has been a marked increase in agricultural production. significant progress has been made in educational, scientific, cultural and other undertakings, and socialist ideological education has yielded noteworthy results. the living standards of the people have improved considerably. the victory in china's new-democratic revolution and the successes in its socialist cause have been achieved by the chinese people of all nationalities, under the leadership of the communist party of china and the guidance of marxism-leninism and mao zedong thought, by upholding truth, correcting errors and surmounting numerous difficulties and hardships. china will be in the primary stage of socialism for a long time to come. the basic task of the nation is to concentrate its effort on socialist modernization along the road of chinese-style socialism. under the leadership of the communist party of china and the guidance of marxism-leninism, mao zedong thought, deng xiaoping theory, the important thought of three represents, the scientific outlook on development, and the xi jinping thought on socialism with chinese characteristics for a new era, the chinese people of all nationalities will continue to adhere to the people's democratic dictatorship and the socialist road, persevere in reform and opening to the outside world, steadily improve socialist institutions, develop the socialist market economy, develop socialist democracy, improve the socialist rule of law, implement the new development concept, and work hard and self-reliantly to modernize the country's industry, agriculture, national defense and science and technology step by step and promote the coordinated development of the material, political, spiritual, social, and ecological civilizations, to turn china into a great modern socialist country that is prosperous, powerful, democratic, culturally advanced, harmonious, and beautiful and achieve the rejuvenation of the chinese nation. the exploiting classes as such have been eliminated in our country. however, class struggle will continue to exist within certain limits for a long time to come. the chinese people must fight against those forces and elements, both at home and abroad, that are hostile to china's socialist system and try to undermine it. taiwan is part of the sacred territory of the people's republic of china. it is the lofty duty of the entire chinese people, including our compatriots in taiwan, to accomplish the great task of reunifying the motherland. in building socialism it is essential to rely on workers, peasants and intellectuals and to unite all forces that can be united. in the long years of revolution, construction and reform, there has been formed under the leadership of the communist party of china a broad patriotic united front which is composed of the democratic parties and people's organizations and which embraces all socialist working people, all builders of socialism, all patriots who support socialism, all patriots who stand for the reunification of the motherland, and all patriots devoted to the rejuvenation of the chinese nation. this united front will continue to be consolidated and developed. the chinese people's political consultative conference, a broadly based representative organization of the united front which has played a significant historical role, will play a still more important role in the country's political and social life, in promoting friendship with other countries and in the struggle for socialist modernization and for the reunification and unity of the country. the system of the multi-party cooperation and political consultation led by the communist party of china will exist and develop for a long time to come. the people's republic of china is a unitary multi-national state built up jointly by the people of all its nationalities. socialist relations of equality, unity, mutual assistance, and harmony have been established among the nationalities and will continue to be strengthened. in the struggle to safeguard the unity of the nationalities, it is necessary to combat big-nation chauvinism, mainly han chauvinism, and also necessary to combat local-national chauvinism. the state does its utmost to promote the common prosperity of all nationalities in the country. china's achievements in revolution, construction, and reform are inseparable from the support of the people of the world. the future of china is closely linked to the future of the world. china consistently carries out an independent foreign policy and adheres to the five principles of mutual respect for sovereignty and territorial integrity, mutual non-aggression, non-interference in each other's internal affairs, equality and mutual benefit, and peaceful coexistence, the path of peaceful development, and the reciprocal opening-up strategy in developing diplomatic relations and economic and cultural exchanges with other countries and prompting the building of a community with a shared future for mankind. china consistently opposes imperialism, hegemonism and colonialism, works to strengthen unity with the people of other countries, supports the oppressed nations and the developing countries in their just struggle to win and preserve national independence and develop their national economies, and strives to safeguard world peace and promote the cause of human progress. this constitution affirms the achievements of the struggles of the chinese people of all nationalities and defines the basic system and basic tasks of the state in legal form; it is the fundamental law of the state and has supreme legal authority. the people of all nationalities, all state organs, the armed forces, all political parties and public organizations and all enterprises and undertakings in the country must take the constitution as the basic norm of conduct, and they have the duty to uphold the dignity of the constitution and ensure its implementation. chapter i. general principles article 1 the people's republic of china is a socialist state under the people's democratic dictatorship led by the working class and based on the alliance of workers and peasants. the socialist system is the basic system of the people's republic of china. the leadership of the communist party of china is the defining feature of socialism with chinese characteristics. sabotage of the socialist system by any organization or individual is prohibited. article 2 all power in the people's republic of china belongs to the people. the organs through which the people exercise state power are the national people's congress and the local people's congresses at different levels. the people administer state affairs and manage economic, cultural and social affairs through various channels and in various ways in accordance with the law. article 3 the state organs of the people's republic of china apply the principle of democratic centralism. the national people's congress and the local people's congresses at different levels are instituted through democratic election. they are responsible to the people and subject to their supervision. all administrative, supervisory, judicial and procuratorial organs of the state are created by the people's congresses to which they are responsible and by which they are supervised. the division of functions and powers between the central and local state organs is guided by the principle of giving full play to the initiative and enthusiasm of the local authorities under the unified leadership of the central authorities. article 4 all nationalities in the people's republic of china are equal. the state protects the lawful rights and interests of the minority nationalities and upholds and develops a relationship of equality, unity, mutual assistance, and harmony among all of china's nationalities. discrimination against and oppression of any nationality are prohibited; any acts that undermine the unity of the nationalities or instigate their secession are prohibited. the state helps the areas inhabited by minority nationalities speed up their economic and cultural development in accordance with the peculiarities and needs of the different minority nationalities. regional autonomy is practiced in areas where people of minority nationalities live in compact communities; in these areas organs of self-government are established for the exercise of the right of autonomy. all the national autonomous areas are inalienable parts of the people's republic of china. the people of all nationalities have the freedom to use and develop their own spoken and written languages, and to preserve or reform their own ways and customs. article 5 the people's republic of china exercises power in accordance with the law and establishes a socialist country under the rule of law. the state upholds the uniformity and dignity of the socialist legal system. no law or administrative or local rules and regulations shall contravene the constitution. all state organs, the armed forces, all political parties and public organizations and all enterprises and undertakings must abide by the constitution and the law. all acts in violation of the constitution and the law must be investigated. no organization or individual may enjoy the privilege of being above the constitution and the law. article 6 the basis of the socialist economic system of the people's republic of china is socialist public ownership of the means of production, namely, ownership by the whole people and collective ownership by the working people. the system of socialist public ownership supersedes the system of exploitation of man by man; it applies the principle of "from each according to his ability, to each according to his work." during the primary stage of socialism, the state adheres to the basic economic system with the public ownership remaining dominant and diverse sectors of the economy developing side by side, and to the distribution system with the distribution according to work remaining dominant and the coexistence of a variety of modes of distribution. article 7 the state-owned economy, that is, the socialist economy under ownership by the whole people, is the leading force in the national economy. the state ensures the consolidation and growth of the state-owned economy. article 8 rural collective economic organizations practice the double-tier management system that combines unified and separate operations on the basis of the household-based output-related contracted responsibility system. various forms of the cooperative economy in rural areas such as producers', supply and marketing, credit and consumers' cooperatives belong to the sector of the socialist economy under collective ownership by the working people. working people who are members of rural economic collectives have the right, within the limits prescribed by law, to farm plots of cropland and hilly land allotted for private use, engage in household sideline production and raise privately owned livestock. the various forms of cooperative economy in the cities and towns, such as those in the handicraft, industrial, building, transport, commercial and service trades, all belong to the sector of socialist economy under collective ownership by the working people. the state protects the lawful rights and interests of the urban and rural economic collectives and encourages, guides and helps the growth of the collective economy. article 9 mineral resources, waters, forests, mountains, grassland, unreclaimed land, beaches and other natural resources are owned by the state, that is, by the whole people, with the exception of the forests, mountains, grassland, unreclaimed land and beaches that are owned by collectives in accordance with the law. the state ensures the rational use of natural resources and protects rare animals and plants. the appropriation or damage of natural resources by any organization or individual by whatever means is prohibited. article 10 land in the cities is owned by the state. land in the rural and suburban areas is owned by collectives except for those portions which belong to the state in accordance with the law; house sites and private plots of cropland and hilly land are also owned by collectives. the state may, in the public interest and in accordance with the provisions of law, expropriate or requisition land for its use and shall make compensation for the land expropriated or requisitioned. no organization or individual may appropriate, buy, sell or otherwise engage in the transfer of land by unlawful means. the right to the use of land may be transferred according to law. all organizations and individuals who use land must make rational use of the land. article 11 individual, private and other non-public economies that exist within the limits prescribed by law are major components of the socialist market economy. the state protects the lawful rights and interests of the non-public sectors of the economy such as the individual and private sectors of the economy. the state encourages, supports and guides the development of the non-public sectors of the economy and, in accordance with law, exercises supervision and control over the non-public sectors of the economy. article 12 socialist public property is sacred and inviolable. the state protects socialist public property. appropriation or damage of state or collective property by any organization or individual by whatever means is prohibited. article 13 citizens' lawful private property is inviolable. the state, in accordance with law, protects the rights of citizens to private property and to its inheritance. the state may, in the public interest and in accordance with law, expropriate or requisition private property for its use and shall make compensation for the private property expropriated or requisitioned. article 14 the state continuously raises labor productivity, improves economic results and develops the productive forces by enhancing the enthusiasm of the working people, raising the level of their technical skill, disseminating advanced science and technology, improving the systems of economic administration and enterprise operation and management, instituting the socialist system of responsibility in various forms and improving organization of work. the state practices strict economy and combats waste. the state properly apportions accumulation and consumption, pays attention to the interests of the collective and the individual as well as of the state and, on the basis of expanded production, gradually improves the material and cultural life of the people. the state establishes a sound social security system compatible with the level of economic development. article 15 the state has put into practice a socialist market economy. the state strengthens the formulation of economic laws, improves macro adjustment and control and forbids according to law any units or individuals from interfering with the social economic order. article 16 stated-owned enterprises have decision-making power in operation and management within the limits prescribed by law. state-owned enterprises practice democratic management through congresses of workers and staff and in other ways in accordance with the law. article 17 collective economic organizations have decision-making power in conducting independent economic activities, on condition that they abide by the relevant laws. collective economic organizations practice democratic management, elect or remove their managerial personnel and decide on major issue concerning operation and management according to law. article 18 the people's republic of china permits foreign enterprises, other foreign economic organizations and individual foreigners to invest in china and to enter into various forms of economic cooperation with chinese enterprises and other economic organizations in accordance with the law of the people's republic of china. all foreign enterprises and other foreign economic organizations in china, as well as joint ventures with chinese and foreign investment located in china, shall abide by the law of the people's republic of china. their lawful rights and interests are protected by the law of the people's republic of china. article 19 the state develops socialist educational undertakings and works to raise the scientific and cultural level of the whole nation. the state runs schools of various types, makes primary education compulsory and universal, develops secondary, vocational and higher education and promotes pre-school education. the state develops educational facilities of various types in order to wipe out illiteracy and provide political, cultural, scientific, technical and professional education for workers, peasants, state functionaries and other working people. it encourages people to become educated through self-study. the state encourages the collective economic organizations, state enterprises and undertakings and other social forces to set up educational institutions of various types in accordance with the law. the state promotes the nationwide use of putonghua (common speech based on beijing pronunciation). article 20 the state promotes the development of the natural and social sciences, disseminates scientific and technical knowledge, and commends and rewards achievements in scientific research as well as technological discoveries and inventions. article 21 the state develops medical and health services, promotes modern medicine and traditional chinese medicine, encourages and supports the setting up of various medical and health facilities by the rural economic collectives, state enterprises and undertakings and neighborhood organizations, and promotes sanitation activities of a mass character, all to protect the people's health. the state develops physical culture and promotes mass sports activities to build up the people's physique. article 22 the state promotes the development of literature and art, the press, broadcasting and television undertakings, publishing and distribution services, libraries, museums, cultural centers and other cultural undertakings, that serve the people and socialism, and sponsors mass cultural activities. the state protects places of scenic and historical interest, valuable cultural monuments and relics and other important items of china's historical and cultural heritage. article 23 the state trains specialized personnel in all fields who serve socialism, increases the number of intellectuals and creates conditions to give full scope to their role in socialist modernization. article 24 the state strengthens the building of socialist spiritual civilization through spreading education in high ideals and morality, general education, education in discipline and the legal system, and through promoting the formulation and observance of rules of conduct and common pledges by different sections of the people in urban and rural areas. the state advocates socialist core values and promotes civic virtues such as patriotism, love for the people, enjoyment of labor, respect for science, and devotion to socialism. the people are educated in patriotism, collectivism, internationalism, communism, dialectical and historical materialism, and are educated to oppose capitalism, feudalism, and other decadent ideas. article 25 the state promotes family planning so that population growth may fit the plans for economic and social development. article 26 the state protects and improves the living environment and the ecological environment, and prevents and controls pollution and other public hazards. the state organizes and encourages forestation and the protection of forests. article 27 all state organs carry out the principle of simple and efficient administration, the system of responsibility for work and the system of training functionaries and assessing their work in order constantly to improve quality of work and efficiency and combat bureaucratism. all state organs and functionaries must rely on the support of the people, keep in close touch with them, heed their opinions and suggestions, accept their supervision and work hard to serve them. all state functionaries shall take a public oath to the constitution when taking office. article 28 the state maintains public order and suppresses treasonable and other criminal activities that endanger state security; it penalizes actions that endanger public security and disrupt the socialist economy and other criminal activities, and punishes and reforms criminals. article 29 the armed forces of the people's republic of china belong to the people. their tasks are to strengthen national defense, resist aggression, defend the motherland, safeguard the people's peaceful labor, participate in national reconstruction, and work hard to serve the people. the state strengthens the revolutionization, modernization and regularization of the armed forces in order to increase the national defense capability. article 30 the administrative division of the people's republic of china is as follows: the country is divided into provinces, autonomous regions and municipalities directly under the central government; provinces and autonomous regions are divided into autonomous prefectures, counties, autonomous counties and cities; counties and autonomous counties are divided into townships, nationality townships and towns. municipalities directly under the central government and other large cities are divided into districts and counties. autonomous prefectures are divided into counties, autonomous counties, and cities. all autonomous regions, autonomous prefectures and autonomous counties are national autonomous areas. article 31 the state may establish special administrative regions when necessary. the systems to be instituted in special administrative regions shall be prescribed by law enacted by the national people's congress in the light of the specific conditions. article 32 the people's republic of china protects the lawful rights and interests of foreigners within chinese territory, and while on chinese territory foreigners must abide by the law[s] of the people's republic of china. the people's republic of china may grant asylum to foreigners who request it for political reasons. chapter ii. the fundamental rights and duties of citizens article 33 all persons holding the nationality of the people's republic of china are citizens of the people's republic of china. all citizens of the people's republic of china are equal before the law. every citizen enjoys the rights and at the same time must perform the duties prescribed by the constitution and the law. the state respects and preserves human rights. article 34 all citizens of the people's republic of china who have reached the age of 18 have the right to vote and stand for election, regardless of nationality, race, sex, occupation, family background, religious belief, education, property status, or length of residence, except persons deprived of political rights according to law. article 35 citizens of the people's republic of china enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration. article 36 citizens of the people's republic of china enjoy freedom of religious belief. no state organ, public organization or individual may compel citizens to believe in, or not to believe in, any religion; nor may they discriminate against citizens who believe in, or do not believe in, any religion. the state protects normal religious activities. no one may make use of religion to engage in activities that disrupt public order, impair the health of citizens or interfere with the educational system of the state. religious bodies and religious affairs are not subject to any foreign domination. article 37 the freedom of person of citizens of the people's republic of china is inviolable. no citizen may be arrested except with the approval or by decision of a people's procuratorate or by decision of a people's court, and arrests must be made by a public security organ. unlawful deprivation or restriction of citizens' freedom of person by detention or other means is prohibited; and unlawful search of the person of citizens is prohibited. article 38 the personal dignity of citizens of the people's republic of china is inviolable. insult, libel, false charge or frame-up directed against citizens by any means is prohibited. article 39 the home of citizens of the people's republic of china is inviolable. unlawful search of, or intrusion into, a citizen's home is prohibited. article 40 the freedom and privacy of correspondence of citizens of the people's republic of china are protected by law. no organization or individual may, on any ground, infringe upon the freedom and privacy of citizens' correspondence except in cases where, to meet the needs of state security or of investigation into criminal offenses, public security or procuratorial organs are permitted to censor correspondence in accordance with procedures prescribed by law. article 41 citizens of the people's republic of china have the right to criticize and make suggestions to any state organ or functionary. citizens have the right to make to relevant state organs complaints and charges against, or exposures of, violation of the law or dereliction of duty by any state organ or functionary; but fabrication or distortion of facts with the intention of libel or frame-up is prohibited. in case of complaints, charges or exposures made by citizens, the state organ concerned must deal with them in a responsible manner after ascertaining the facts. no one may suppress such complaints, charges and exposures, or retaliate against the citizens making them. citizens who have suffered losses through infringement of their civil rights by any state organ or functionary have the right to compensation in accordance with the law. article 42 citizens of the people's republic of china have the right as well as the duty to work. using various channels, the state creates conditions for employment, strengthens labor protection, improves working conditions and, on the basis of expanded production, increases remuneration for work and social benefits. work is the glorious duty of every able-bodied citizen. all working people in state-owned enterprises and in urban and rural economic collectives should perform their tasks with an attitude consonant with their status as masters of the country. the state promotes socialist labor emulation, and commends and rewards model and advanced workers. the state encourages citizens to take part in voluntary labor. the state provides necessary vocational training to citizens before they are employed. article 43 working people in the people's republic of china have the right to rest. the state expands facilities for rest and recuperation of working people, and prescribes working hours and vacations for workers and staff. article 44 the state prescribes by law the system of retirement for workers and staff in enterprises and undertakings and for functionaries of organs of state. the livelihood of retired personnel is ensured by the state and society. article 45 citizens of the people's republic of china have the right to material assistance from the state and society when they are old, ill or disabled. the state develops the social insurance, social relief and medical and health services that are required to enable citizens to enjoy this right. the state and society ensure the livelihood of disabled members of the armed forces, provide pensions to the families of martyrs and give preferential treatment to the families of military personnel. the state and society help make arrangements for the work, livelihood and education of the blind, deaf-mute and other handicapped citizens. article 46 citizens of the people's republic of china have the duty as well as the right to receive education. the state promotes the all-around moral, intellectual and physical development of children and young people. article 47 citizens of the people's republic of china have the freedom to engage in scientific research, literary and artistic creation and other cultural pursuits. the state encourages and assists creative endeavors conducive to the interests of the people made by citizens engaged in education, science, technology, literature, art and other cultural work. article 48 women in the people's republic of china enjoy equal rights with men in all spheres of life, political, economic, cultural and social, and family life. the state protects the rights and interests of women, applies the principle of equal pay for equal work for men and women alike and trains and selects cadres from among women. article 49 marriage, the family, and mother and child are protected by the state. both husband and wife have the duty to practice family planning. parents have the duty to rear and educate their minor children, and children who have come of age have the duty to support and assist their parents. violation of the freedom of marriage is prohibited. maltreatment of old people, women and children is prohibited. article 50 the people's republic of china protects the legitimate rights and interests of chinese nationals residing abroad and protects the lawful rights and interests of returned overseas chinese and of the family members of chinese nationals residing abroad. article 51 the exercise by citizens of the people's republic of china of their freedoms and rights may not infringe upon the interests of the state, of society and of the collective, or upon the lawful freedoms and rights of other citizens. article 52 it is the duty of citizens of the people's republic of china to safeguard the unity of the country and the unity of all its nationalities. article 53 citizens of the people's republic of china must abide by the constitution and the law, keep state secrets, protect public property and observe labor discipline and public order and respect social ethics. article 54 it is the duty of citizens of the people's republic of china to safeguard the security, honor and interests of the motherland; they must not commit acts detrimental to the security, honor and interests of the motherland. article 55 it is the sacred obligation of every citizen of the people's republic of china to defend the motherland and resist aggression. it is the honorable duty of citizens of the people's republic of china to perform military service and join the militia in accordance with the law. article 56 it is the duty of citizens of the people's republic of china to pay taxes in accordance with the law. chapter iii. the structure of the state section 1. the national people's congress article 57 the national people's congress of the people's republic of china is the highest organ of state power. its permanent body is the standing committee of the national people's congress. article 58 the national people's congress and its standing committee exercise the legislative power of the state. article 59 the national people's congress is composed of deputies elected from the provinces, autonomous regions, municipalities directly under the central government, and the special administrative regions, and of deputies elected from the armed forces. all the minority nationalities are entitled to appropriate representation. election of deputies to the national people's congress is conducted by the standing committee of the national people's congress. the number of deputies to the national people's congress and the manner of their election are prescribed by law. article 60 the national people's congress is elected for a term of five years. two months before the expiration of the term of office of a national people's congress, its standing committee must ensure that the election of deputies to the succeeding national people's congress is completed. should exceptional circumstances prevent such an election, it may be postponed by decision of a majority vote of more than two-thirds of all those on the standing committee of the incumbent national people's congress, and the term of office of the incumbent national people's congress may be extended. the election of deputies to the succeeding national people's congress must be completed within one year after the termination of such exceptional circumstances. article 61 the national people's congress meets in session once a year and is convened by its standing committee. a session of the national people's congress may be convened at any time the standing committee deems this necessary, or when more than one-fifth of the deputies to the national people's congress so propose. when the national people's congress meets, it elects a presidium to conduct its session. article 62 the national people's congress exercises the following functions and powers: to amend the constitution; to supervise the enforcement of the constitution; to enact and amend basic statutes concerning criminal offenses, civil affairs, the state organs and other matters; to elect the president and the vice-president of the people's republic of china; to decide on the choice of the premier of the state council upon nomination by the president of the people's republic of china, and to decide on the choice of the vice-premiers, state councilors, ministers in charge of ministries or commissions and the auditor-general and the secretary-general of the state council upon nomination by the premier; to elect the chairman of the central military commission and, upon his nomination, to decide on the choice of the other members of the central military commission; to elect the minister of the state committee of supervisory to elect the president of the supreme people's court; to elect the procurator-general of the supreme people's procuratorate; to examine and approve the plan for national economic and social development and the reports on its implementation; to examine and approve the state budget and the report on its implementation; to alter or annul inappropriate decisions of the standing committee of the national people's congress; to approve the establishment of provinces, autonomous regions, and municipalities directly under the central government; to decide on the establishment of special administrative regions and the systems to be instituted there; to decide on questions of war and peace; and to exercise such other functions and powers as the highest organ of state power should exercise. article 63 the national people's congress has the power to recall or remove from office the following persons: the president and the vice-president of the people's republic of china; the premier, vice-premiers, state councilors, ministers in charge of ministries or commissions and the auditor-general and the secretary-general of the state council; the chairman of the central military commission and others on the commission; the minister of the state committee of supervisory the president of the supreme people's court; and the procurator-general of the supreme people's procuratorate. article 64 amendments to the constitution are to be proposed by the standing committee of the national people's congress or by more than one-fifth of the deputies to the national people's congress and adopted by a majority vote of more than two-thirds of all the deputies to the congress. statutes and resolutions are adopted by a majority vote of more than one-half of all the deputies to the national people's congress. article 65 the standing committee of the national people's congress is composed of the following: the chairman, the vice-chairmen, the secretary-general and members. minority nationalities are entitled to appropriate representation on the standing committee of the national people's congress. the national people's congress elects, and has the power to recall, all those on its standing committee. no member of the standing committee of the national people's congress shall hold office in any state administrative, supervisory, judicial, or procuratorial organ. article 66 the standing committee of the national people's congress is elected for the same term as the national people's congress; it exercises its functions and powers until a new standing committee is elected by the succeeding national people's congress. the chairman and vice-chairmen of the standing committee shall serve no more than two consecutive terms. article 67 the standing committee of the national people's congress exercises the following functions and powers: to interpret the constitution and supervise its enforcement; to enact and amend statutes with the exception of those which should be enacted by the national people's congress; to enact, when the national people's congress is not in session, partial supplements and amendments to statutes enacted by the national people's congress; provided that they do not contravene the basic principles of these statutes; to interpret statutes; to examine and approve, when the national people's congress is not in session, partial adjustments to the plan for national economic and social development and to the state budget that prove necessary in the course of their implementation; to supervise the affairs of the state council, the central military commission, the state committee of supervisory, the supreme people's court, and the supreme people's procuratorate; to annul those administrative rules and regulations, decisions or orders of the state council that contravene the constitution or the statutes; to annul those local regulations or decisions of the organs of state power of provinces, autonomous regions and municipalities directly under the central government that contravene the constitution, the statutes or the administrative rules and regulations; to decide, when the national people's congress is not in session, on the choice of ministers in charge of ministries or commissions or the auditor-general and the secretary-general of the state council upon nomination by the premier of the state council; to decide, upon nomination by the chairman of the central military commission, on the choice of others on the commission, when the national people's congress is not in session; to appoint or remove, at the recommendation of the minister of the state committee of supervisory, a vice minister or a member of the state committee of supervisory to appoint and remove the vice-presidents and judges of the supreme people's court, members of its judicial committee and the president of the military court at the suggestion of the president of the supreme people's court; to appoint and remove the deputy procurators-general and procurators of the supreme people's procuratorate, members of its procuratorial committee and the chief procurator of the military procuratorate at the request of the procurator-general of the supreme people's procuratorate, and to approve the appointment and removal of the chief procurators of the people's procuratorates of provinces, autonomous regions and municipalities directly under the central government; to decide on the appointment and recall of plenipotentiary representatives abroad; to decide on the ratification and abrogation of treaties and important agreements concluded with foreign states; to institute systems of titles and ranks for military and diplomatic personnel and of other specific titles and ranks; to institute state medals and titles of honor and decide on their conferment; to decide on the granting of special pardons; to decide, when the national people's congress is not in session, on the proclamation of a state of war in the event of an armed attack on the country or in fulfillment of international treaty obligations concerning common defense against aggression; to decide on general mobilization or partial mobilization; to decide on entering the state of emergency throughout the country or in particular provinces, autonomous regions, or municipalities directly under the central government; and to exercise such other functions and powers as the national people's congress may assign to it. article 68 the chairman of the standing committee of the national people's congress presides over the work of the standing committee and convenes its meetings. the vice-chairmen and the secretary-general assist the chairman in his work. chairmanship meetings with the participation of the chairman, vice-chairmen and secretary-general handle the important day-to-day work of the standing committee of the national people's congress. article 69 the standing committee of the national people's congress is responsible to the national people's congress and reports on its work to the congress. article 70 the national people's congress establishes a minority affairs committee, a constitution and law committee, an economics and finance committee, an education, science, culture and public health committee, a foreign affairs committee, an overseas chinese committee and other special committees as necessary. these special committees work under the direction of the standing committee of the national people's congress when the congress is not in session. the special committees examine, discuss and draw up relevant bills and draft resolutions under the direction of the national people's congress and its standing committee. article 71 the national people's congress and its standing committee may, when they deem it necessary, appoint committees of inquiry into specific questions and adopt relevant resolutions in the light of their reports. all organs of state, public organizations and citizens concerned are obliged to supply the necessary information to those committees of inquiry when they conduct investigations. article 72 deputies to the national people's congress and all those on its standing committee have the right, in accordance with procedures prescribed by law, to submit bills and proposals within the scope of the respective functions and powers of the national people's congress and its standing committee. article 73 deputies to the national people's congress during its sessions, and all those on its standing committee during its meetings, have the right to address questions, in accordance with procedures prescribed by law, to the state council or the ministries and commissions under the state council, which must answer the questions in a responsible manner. article 74 no deputy to the national people's congress may be arrested or placed on criminal trial without the consent of the presidium of the current session of the national people's congress or, when the national people's congress is not in session, without the consent of its standing committee. article 75 deputies to the national people's congress may not be called to legal account for their speeches or votes at its meetings. article 76 deputies to the national people's congress must play an exemplary role in abiding by the constitution and the law and keeping state secrets and, in production and other work and their public activities, assist in the enforcement of the constitution and the law. deputies to the national people's congress should maintain close contact with the units and people which elected them, listen to and convey their opinions and demands and work hard to serve them. article 77 deputies to the national people's congress are subject to the supervision of the units which elected them. the electoral units have the power, through procedures prescribed by law, to recall the deputies whom they elected. article 78 the organization and working procedures of the national people's congress and its standing committee are prescribed by law. section 2. the president of the people's republic of china article 79 the president and vice-president of the people's republic of china are elected by the national people's congress. citizens of the people's republic of china who have the right to vote and to stand for election and who have reached the age of 45 are eligible for election as president or vice-president of the people's republic of china. the terms of office for the president and vice-president of the people's republic of china are the same as those of deputies to the national people's congress. article 80 the president of the people's republic of china, in pursuance of decisions of the national people's congress and its standing committee, promulgates statutes; appoints and removes the premier, vice-premiers, state councilors, ministers in charge of ministries or commissions, and the auditor-general and the secretary-general of the state council; confers state medals and titles of honor; issues orders of special pardons; proclaims entering of the state of emergency; proclaims a state of war; and issues mobilization orders. article 81 the president of the people's republic of china, on behalf of the people's republic of china, engages in activities involving state affairs and receives foreign diplomatic representatives and, in pursuance of decisions of the standing committee of the national people's congress, appoints and recalls plenipotentiary representatives abroad, and ratifies and abrogates treaties and important agreements concluded with foreign states. article 82 the vice-president of the people's republic of china assists the president in his work. the vice-president of the people's republic of china may exercise such parts of the functions and powers of the president as the president may entrust to him. article 83 the president and vice-president of the people's republic of china exercise their functions and powers until the new president and vice-president elected by the succeeding national people's congress assume office. article 84 in case the office of the president of the people's republic of china falls vacant, the vice-president succeeds to the office of president. in case the office of the vice-president of the people's republic of china falls vacant, the national people's congress shall elect a new vice-president to fill the vacancy. in the event that the offices of both the president and the vice-president of the people's republic of china fall vacant, the national people's congress shall elect a new president and a new vice-president. prior to such election, the chairman of the standing committee of the national people's congress shall temporarily act as the president of the people's republic of china. section 3. the state council article 85 the state council, that is, the central people's government of the people's republic of china, is the executive body of the highest organ of state power; it is the highest organ of state administration. article 86 the state council is composed of the following: the premier, the vice-premiers, the state councilors, the ministers in charge of ministries, the ministers in charge of commissions, the auditor-general, and the secretary-general. the premier has overall responsibility for the state council. the ministers have overall responsibility for the respective ministries or commissions under their charge. the organization of the state council is prescribed by law. article 87 the term of office of the state council is the same as that of the national people's congress. the premier, vice-premiers and state councilors shall serve no more than two consecutive terms. article 88 the premier directs the work of the state council. the vice-premiers and state councilors assist the premier in his work. executive meetings of the state council are composed of the premier, the vice-premiers, the state councilors and the secretary-general of the state council. the premier convenes and presides over the executive meetings and plenary meetings of the state council. article 89 the state council exercises the following functions and powers: to adopt administrative measures, enact administrative rules and regulations and issue decisions and orders in accordance with the constitution and the statutes; to submit proposals to the national people's congress or its standing committee; to lay down the tasks and responsibilities of the ministries and commissions of the state council, to exercise unified leadership over the work of the ministries and commissions and to direct all other administrative work of a national character that does not fall within the jurisdiction of the ministries and commissions; to exercise unified leadership over the work of local organs of state administration at different levels throughout the country, and to lay down the detailed division of functions and powers between the central government and the organs of state administration of provinces, autonomous regions and municipalities directly under the central government; to draw up and implement the plan for national economic and social development and the state budget; to direct and administer economic affairs, urban and rural construction and ecological civilization construction; to direct and administer the work concerning education, science, culture, public health, physical culture and family planning; to direct and administer civil affairs, public security, judicial administration, and other related matters; to conduct foreign affairs and conclude treaties and agreements with foreign states; to direct and administer the building of national defense; to direct and administer affairs concerning the nationalities and to safeguard the equal rights of minority nationalities and the right of autonomy of the national autonomous areas; to protect the legitimate rights and interests of chinese nationals residing abroad and protect the lawful rights and interests of returned overseas chinese and of the family members of chinese nationals residing abroad; to alter or annul inappropriate orders, directives and regulations issued by the ministries or commissions; to alter or annul inappropriate decisions and orders issued by local organs of state administration at different levels; to approve the geographic division of provinces, autonomous regions and municipalities directly under the central government, and to approve the establishment and geographic division of autonomous prefectures, counties, autonomous counties and cities; in accordance with the provisions of law, to decide on entering the state of emergency in parts of provinces, autonomous regions, and municipalities directly under the central government; to examine and decide on the size of administrative organs and, in accordance with the law, to appoint, remove and train administrative officers, appraise their work and reward or punish them; and to exercise such other functions and powers as the national people's congress or its standing committee may assign it. article 90 the ministers in charge of ministries or commissions of the state council are responsible for the work of their respective departments and convene and preside over their ministerial meetings or commission meetings that discuss and decide on major issues in the work of their respective departments. the ministries and commissions issue orders, directives and regulations within the jurisdiction of their respective departments and in accordance with the statutes and the administrative rules and regulations, decisions and orders issued by the state council. article 91 the state council establishes an auditing body to supervise through auditing the revenue and expenditure of all departments under the state council and of the local governments at different levels, and those of the state financial and monetary organizations and of enterprises and undertakings. under the direction of the premier of the state council, the auditing body independently exercises its power to supervise through auditing in accordance with the law, subject to no interference by any other administrative organ or any public organization or individual. article 92 the state council is responsible, and reports on its work, to the national people's congress or, when the national people's congress is not in session, to its standing committee. section 4. the central military commission article 93 the central military commission of the people's republic of china directs the armed forces of the country. the central military commission is composed of the following: the chairman, the vice-chairmen, and members. the chairman of the central military commission has overall responsibility for the commission. the term of office of the central military commission is the same as that of the national people's congress. article 94 the chairman of the central military commission is responsible to the national people's congress and its standing committee. section 5. the local people's congress and the local people's governments at different levels article 95 people's congresses and people's governments are established in provinces, municipalities directly under the central government, counties, cities, municipal districts, townships, nationality townships and towns. the organization of local people's congresses and local people's governments at different levels is prescribed by law. organs of self-government are established in autonomous regions, autonomous prefectures and autonomous counties. the organization and working procedures of organs of self-government are prescribed by law in accordance with the basic principles laid down in sections v and vi of chapter three of the constitution. article 96 local people's congresses at different levels are local organs of state power. local people's congresses at and above the county level establish standing committees. article 97 deputies to the people's congresses of provinces, municipalities directly under the central government, and cities divided into districts are elected by the people's congresses at the next lower level; deputies to the people's congresses of counties, cities not divided into districts, municipal districts, townships, nationality townships and towns are elected directly by their constituencies. the number of deputies to local people's congresses at different levels and the manner of their election are prescribed by law. article 98 the term of office of the local people's congresses at various levels is five years. article 99 local people's congresses at different levels ensure the observance and implementation of the constitution, the statutes and the administrative rules and regulations in their respective administrative areas. within the limits of their authority as prescribed by law, they adopt and issue resolutions and examine and decide on plans for local economic and cultural development and for development of public services. local people's congresses at and above the county level examine and approve the plans for economic and social development and the budgets of their respective administrative areas, and examine and approve reports on their implementation. they have the power to alter or annul inappropriate decisions of their own standing committees. the people's congresses of nationality townships may, within the limits of their authority as prescribed by law, take specific measures suited to the peculiarities of the nationalities concerned. article 100 the people's congresses of provinces and municipalities directly under the central government, and their standing committees, may adopt local regulations, which must not contravene the constitution, the statutes and the administrative rules and regulations, and they shall report such local regulations to the standing committee of the national people's congress for the record. the people's congresses and standing committees of cities divided into districts may draft local regulations, provided these regulations do not contravene the constitution, laws, administrative regulations, and local regulations of the corresponding provinces or autonomous regions, and that such local regulations are filed with the standing committees of the people's congresses of the corresponding provinces or autonomous regions. article 101 at their respective levels, local people's congresses elect, and have the power to recall, governors and deputy governors, or mayors and deputy mayors, or heads and deputy heads of counties, districts, townships and towns. local people's congresses at or above the county level elect and have the power to recall ministers of the supervisory committee, presidents of the people's courts and chief procurators of the people's procuratorates at the corresponding level. the election or recall of chief procurators of people's procuratorates shall be reported to the chief procurators of the people's procuratorates at the next higher level for submission to the standing committees of the people's congresses at the corresponding level for approval. article 102 deputies to the people's congresses of provinces, municipalities, directly under the central government and cities divided into districts are subject to supervision by the units which elected them; deputies to the people's congresses of counties, cities not divided into districts, municipal districts, townships, nationality townships and towns are subject to supervision by their constituencies. the electoral units and constituencies which elect deputies to local people's congresses at different levels have the power, according to procedures prescribed by law, to recall deputies whom they elected. article 103 the standing committee of a local people's congress at and above the county level is composed of a chairman, vice-chairmen and members, and is responsible, and reports on its work, to the people's congress at the corresponding level. the local people's congress at and above the county level elects, and has the power to recall, anyone on the standing committee of the people's congress at the corresponding level. no member of the standing committee of a local people's congress at or above the county level shall hold concurrent office in any state administrative, supervisory, judicial, or procuratorial organ. article 104 the standing committee of a local people's congress at and above the county level discusses and decides on major issues in all fields of work in its administrative area; supervises the tasks of the people's government, the supervisory committee, the people's court, and the people's procuratorate at the corresponding level; annuls inappropriate decisions and orders of the people's government at the corresponding level; annuls inappropriate resolutions of the people's congress at the next lower level; decides on the appointment and removal of functionaries of state organs within its jurisdiction as prescribed by law; and, when the people's congress at the corresponding level is not in session, recalls individual deputies to the people's congress at the next higher level and elects individual deputies to fill vacancies in that people's congress. article 105 local people's governments at different levels are the executive bodies of local organs of state power as well as the local organs of state administration at the corresponding level. local people's governments at different levels practice the system of overall responsibility by governors, mayors, county heads, district heads, township heads and town heads. article 106 the term of office of local people's governments at different levels is the same as that of the people's congresses at the corresponding level. article 107 within the range of their authority as prescribed by law, local people's governments at or above the county level carry out administrative tasks related to the economy, education, science, culture, public health, physical culture, urban and rural development, finance, civic affairs, law enforcement, minority affairs, administration of justice, and family planning in their respective jurisdictions, as well as issue decisions and orders and carry out the appointment, training, appraisal, commendation, sanction, and removal of administrative officials. people's governments of townships, nationality townships and towns carry out the resolutions of the people's congress at the corresponding level as well as the decisions and orders of the state administrative organs at the next higher level and conduct administrative work in their respective administrative areas. people's governments of provinces and municipalities directly under the central government decide on the establishment and geographic division of townships, nationality townships and towns. article 108 local people's governments at and above the county level direct the work of their subordinate departments and of people's governments at lower levels, and have the power to alter or annul inappropriate decisions of their subordinate departments and people's governments at lower levels. article 109 auditing bodies are established by local people's governments at and above the county level. local auditing bodies at different levels independently exercise their power to supervise through auditing in accordance with the law and are responsible to the people's government at the corresponding level and to the auditing body at the next higher level. article 110 local people's governments at different levels are responsible, and report on their work, to people's congresses at the corresponding level. local people's governments at and above the county level are responsible, and report on their work, to the standing committee of the people's congress at the corresponding level when the congress is not in session. local people's governments at different levels are responsible, and report on their work, to the state administrative organs at the next higher level. local people's governments at different levels throughout the country are state administrative organs under the unified leadership of the state council and are subordinate to it. article 111 the residents' committees and villagers' committees established among urban and rural residents on the basis of their place of residence are mass organizations of self-management at the grass-roots level. the chairman, vice-chairmen and members of each residents' or villagers' committee are elected by the residents. the relationship between the residents' and villagers' committees and the grass-roots organs of state power is prescribed by law. the residents' and villagers' committees establish committees for people's mediation, public security, public health and other matters in order to manage public affairs and social services in their areas, mediate civil disputes, help maintain public order and convey residents' opinions and demands and make suggestions to the people's government. section 6. the organs of self-government of national autonomous areas article 112 the organs of self-government of national autonomous areas are the people's congresses and people's governments of autonomous regions, autonomous prefectures and autonomous counties. article 113 in the people's congress of an autonomous region, prefecture or county, in addition to the deputies of the nationality or nationalities exercising regional autonomy in the administrative area, the other nationalities inhabiting the area are also entitled to appropriate representation. the chairmanship and vice-chairmenships of the standing committee of the people's congress of an autonomous region, prefecture or county shall include a citizen or citizens of the nationality or nationalities exercising regional autonomy in the area concerned. article 114 the administrative head of an autonomous region, prefecture or county shall be a citizen of the nationality, or of one of the nationalities, exercising regional autonomy in the area concerned. article 115 the organs of self-government of autonomous regions, prefectures and counties exercise the functions and powers of local organs of state as specified in section v of chapter iii of the constitution. at the same time, they exercise the right of autonomy within the limits of their authority as prescribed by the constitution, the law of regional national autonomy and other laws, and implement the laws and policies of the state in the light of the existing local situation. article 116 people's congresses of national autonomous areas have the power to enact autonomy regulations and specific regulations in the light of the political, economic and cultural characteristics of the nationality or nationalities in the areas concerned. the autonomy regulations and specific regulations of autonomous regions shall be submitted to the standing committee of the national people's congress for approval before they go into effect. those of autonomous prefectures and counties shall be submitted to the standing committees of the people's congresses of provinces or autonomous regions for approval before they go into effect, and they shall be reported to the standing committee of the national people's congress for the record. article 117 the organs of self-government of the national autonomous areas have the power of autonomy in administering the finances of their areas. all revenues accruing to the national autonomous areas under the financial system of the state shall be managed and used independently by the organs of self-government of those areas. article 118 the organs of self-government of the national autonomous areas independently arrange for and administer local economic development under the guidance of state plans. in developing natural resources and building enterprises in the national autonomous areas, the state shall give due consideration to the interests of those areas. article 119 the organs of self-government of the national autonomous areas independently administer educational, scientific, cultural, public health and physical culture affairs in their respective areas, sort out and protect the cultural legacy of the nationalities and work for the development and prosperity of their cultures. article 120 the organs of self-government of the national autonomous areas may, in accordance with the military system of the state and concrete local needs and with the approval of the state council, organize local public security forces for the maintenance of public order. article 121 in performing their functions, the organs of self-government of the national autonomous areas, in accordance with the autonomy regulations of the respective areas, employ the spoken and written language or languages in common use in the locality. article 122 the state gives financial, material and technical assistance to the minority nationalities to accelerate their economic and cultural development. the state helps the national autonomous areas train large numbers of cadres at different levels and specialized personnel and skilled workers of different professions and trades from among the nationality or nationalities in those areas. section 7 the supervisory committees article 123 the supervisory committees at all levels of the people's republic of china are supervisory organs of the state. article 124 the people's republic of china establishes a state committee of supervisory and local supervisory committees at all levels. a supervisory committee is composed as follows: the minister, several vice ministers, several members. the term of office of the minister of a supervisory committee is the same as those of the deputies to the people's congress at the same level. the minister of the state committee of supervisory shall serve no more than two consecutive terms. the organization and functions and powers of a supervisory committee are dictated by law. article 125 the state committee of supervisory of the people's republic of china is the highest supervisory organ. the state committee of supervisory directs the work of local supervisory committees at all levels. higher level supervisory committees direct the work of lower level supervisory committees. article 126 the state committee of supervisory is responsible to the national people's congress and the standing committee of the national people's congress. local supervisory committees at all levels are responsible to the state authorities which formed them as well as to higher level supervisory committees. article 127 supervisory committees exercise judicial authority independently, in accordance with the law, and are not subject to interference from any administrative institution, public organization, or individual. when handling cases of illegal or criminal acts by taking advantage of duty, supervisory organs shall cooperate with judicial, procuratorial, and law enforcement organs and keep tabs on each other. section 8. the people's courts and the people's procuratorates article 128 the people's courts in the people's republic of china are the judicial organs of the state. article 129 the people's republic of china establishes the supreme people's court and the local people's courts at different levels, military courts and other special people's courts. the term of office of the president of the supreme people's court is the same as that of the national people's congress; he shall serve no more than two consecutive terms. the organization of people's courts is prescribed by law. article 130 all cases handled by the people's courts, except for those involving special circumstances as specified by law, shall be heard in public. the accused has the right of defense. article 131 the people's courts shall, in accordance with the law, exercise judicial power independently and are not subject to interference by administrative organs, public organizations or individuals. article 132 the supreme people's court is the highest judicial organ. the supreme people's court supervises the administration of justice by the local people's courts at different levels and by the special people's courts; people's courts at higher levels supervise the administration of justice by those at lower levels. article 133 the supreme people's court is responsible to the national people's congress and its standing committee. local people's courts at different levels are responsible to the organs of state power which created them. article 134 the people's procuratorates of the people's republic of china are state organs for legal supervision. article 135 the people's republic of china establishes the supreme people's procuratorate and the local people's procuratorates at different levels, military procuratorates and other special people's procuratorates. the term of office of the procurator-general of the supreme people's procuratorate is the same as that of the national people's congress; he shall serve no more than two consecutive terms. the organization of people's procuratorates is prescribed by law. article 136 people's procuratorates shall, in accordance with the law, exercise procuratorial power independently and are not subject to interference by administrative organs, public organizations or individuals. article 137 the supreme people's procuratorate is the highest procuratorial organ. the supreme people's procuratorate directs the work of the local people's procuratorates at different levels and of the special people's procuratorates; people's procuratorates at higher levels direct the work of those at lower levels. article 138 the supreme people's procuratorate is responsible to the national people's congress and its standing committee. local people's procuratorates at different levels are responsible to the organs of state power at the corresponding levels which created them and to the people's procuratorates at the higher level. article 139 citizens of all nationalities have the right to use the spoken and written languages of their own nationalities in court proceedings. the people's courts and people's procuratorates should provide translation for any party to the court proceedings who is not familiar with the spoken or written languages in common use in the locality. in an area where people of a minority nationality live in a compact community or where a number of nationalities live together, hearings should be conducted in the language or languages in common use in the locality; indictments, judgments, notices and other documents should be written, according to actual needs, in the language or languages in common use in the locality. article 140 the people's courts, people's procuratorates and public security organs shall, in handling criminal cases, divide their functions, each taking responsibility for its own work, and they shall coordinate their efforts and check each other to ensure correct and effective enforcement of law. chapter iv. the national flag, the national anthem, the national emblem and the capital article 141 the national flag of the people's republic of china is a red flag with five stars. the national anthem of the people's republic of china is the "march of the volunteers." article 142 the national emblem of the people's republic of china is tian'anmen in the center illuminated by five stars and encircled by ears of grain and a cogwheel. article 143 the capital of the people's republic of china is beijing. preamble we, the people of the republic of the marshall islands, trusting in god, the giver of our life, liberty, identity and our inherent rights, do hereby exercise these rights and establish for ourselves and generations to come this constitution, setting forth the legitimate legal framework for the governance of the republic. we have reason to be proud of our forefathers who boldly ventured across the unknown waters of the vast pacific ocean many centuries ago, ably responding to the constant challenges of maintaining a bare existence on these tiny islands, in their noble quest to build their own distinctive society. this society has survived, and has withstood the test of time, the impact of other cultures, the devastation of war, and the high price paid for the purposes of international peace and security. all we have and are today as a people, we have received as a sacred heritage which we pledge ourselves to safeguard and maintain, valuing nothing more dearly than our rightful home on the islands within the traditional boundaries of this archipelago. with this constitution, we affirm our desire and right to live in peace and harmony, subscribing to the principles of democracy, sharing the aspirations of all other peoples for a free and peaceful world, and striving to do all we can to assist in achieving this goal. we extend to other peoples what we profoundly seek from them: peace, friendship, mutual understanding, and respect for our individual idealism and our common humanity. article i. supremacy of the constitution section 1. this constitution to be supreme law this constitution shall be the supreme law of the republic of the marshall islands; and all judges and other public officers shall be bound thereby. no legislative or executive instrument and no decision of any court or other government agency made on or after the effective date of this constitution shall have the force of law in the republic unless it has been made pursuant to this constitution. section 2. inconsistency with this constitution any existing law and any law made on or after the effective date of this constitution, which is inconsistent with this constitution shall, to the extent of the inconsistency, be void. any other action taken by any person or body on or after the effective date of this constitution, shall, to the extent of the inconsistency, be unlawful. section 3. interpretation and application of this constitution in interpreting and applying this constitution, a court shall look to the decisions of the courts of other countries having constitutions similar, in the relevant respect, to the constitution of the republic of the marshall islands, but shall not be bound thereby; and, in following any such decision, a court shall adapt it to the needs of the republic, taking into account this constitution as a whole and the circumstances in the republic from time to time. in all cases, the provisions of this constitution shall be construed to achieve the aims of fair and democratic government, in the light of reason and experience. section 4. enforcement of this constitution subject to the constitution's limitations on the judicial power, the attorney general acting in the name of the people of the republic of the marshall islands, and all persons directly affected by an alleged violation of this constitution, whether private individuals or public officials, shall have standing to complain of such violation in a case or controversy that is the subject of an appropriate judicial proceeding; any court of general jurisdiction, resolving a case or controversy implicating a provision of this constitution, shall have power to make all orders necessary and appropriate to secure full compliance with the provision and full enjoyment of its benefits; the government of the republic and any local government shall not be immune from suit in respect of their own actions or those of their agents; but no property or other assets of the government of the republic or of any local government shall be seized or attached to satisfy any judgment. article ii. bill of rights section 1. freedom of thought, speech, assembly, association, and petition every person has the right to freedom of thought, conscience, and belief; to freedom of speech and of the press; to the free exercise of religion; to freedom of peaceful assembly and association; and to petition the government for a redress of grievances. nothing in this section shall be construed to invalidate reasonable restrictions imposed by law on the time, place, or manner of conduct, provided the restrictions are necessary to preserve public peace, order, health, or security or the rights or freedoms of others; there exist no less restrictive means of doing so; and the restrictions do not penalize conduct on the basis of disagreement with the ideas or beliefs expressed. nothing in this section shall be construed to prevent government from extending financial aid to religiously supported institutions insofar as they furnish educational, medical or other services at no profit, provided such aid does not discriminate among religious groups or beliefs on the basis of a governmental preferences for some religions over others, and provided such aid goes no further than reimbursing users of educational, medical, or other non-profit services for fees charged to such users, or reimbursing such institutions for costs incurred in providing such services, but only with funds channeled through an organization open to all religious institutions that provide the services in question. section 2. slavery and involuntary servitude no person shall be held in slavery or involuntary servitude, nor shall any person be required to perform forced or compulsory labor. for the purpose of this section, the term "forced or compulsory labor" does not include: any labor required by the sentence or order of a court; any other labor required of a person lawfully detained if reasonably necessary for the maintenance of the place of detention; any service required by law in lieu of compulsory military service when such service has been lawfully required of others. section 3. unreasonable search and seizure the right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. a search or seizure shall be deemed unreasonable as a matter of law if no warrant has been obtained despite adequate time to obtain one. any seizure of a person shall be deemed unreasonable as a matter of law unless the person is promptly informed of the cause of such seizure and is ensured a prompt opportunity to contest its legality before a judge. a search of premises not belonging to or occupied by, the person who is believed to have committed a crime shall be deemed unreasonable as a matter of law unless the person whose premises are searched has been given a prior opportunity, in an adversary hearing, to challenge or comply with a subpoena identifying the persons or things to be produced, or the officer issuing a warrant for the search has reasonably determined that such prior notice and hearing would create an undue risk that the persons or things sought would be removed or otherwise made unavailable. evidence obtained through an unreasonable search cannot be used to support a criminal conviction. section 4. due process and fair trial no person shall be deprived of life, liberty, or property without due process of the law. every person charged with a criminal offense shall be presumed innocent until proven guilty beyond a reasonable doubt. bail shall not be required in an amount greater than needed to ensure that the accused will appear for trial, nor may any person be detained before trial when other means are available to provide reasonable assurance that he will not flee or gravely endanger the public safety. in all criminal prosecutions, the accused shall enjoy the right to be informed promptly and in detail of the nature and cause of the accusation against him; to a prompt judicial determination of whether there is good cause to hold him for trial; to a speedy and public trial before an impartial tribunal; to have adequate time and facilities for the preparation of his defense; to defend himself in person or through legal assistance of his own choice and, if he lacks funds to procure such assistance, to receive it free of charge if the interests of justice so require; to be confronted with the witnesses against him; and to have compulsory process for obtaining witnesses in his favor. there shall be a right to trial by jury, unless knowingly and voluntarily waived by the accused, whenever the applicable law makes the offense publishable by 3 or more years in prison or, in the case of an offense for which no maximum is specified, whenever the sentence actually imposed is 3 years or longer. no person shall be held to answer for a crime except on presentation or indictment or criminal information. no person shall be compelled in any criminal case to be a witness against himself, or against his spouse, parent, child, or sibling, or to give testimonial evidence against any such person whenever that evidence might directly or indirectly be used to obtain such person's criminal conviction. no person shall be subjected to coercive interrogation nor may any involuntary confession or involuntary guilty plea, or any confession extracted from someone who has not been informed of his rights to silence and legal assistance and of the fact that what he says may be used against him, be used to support a criminal conviction. no person shall be subjected to double jeopardy, but retrial shall be permitted after a conviction has been reversed on the defendant's appeal. no person shall be preventively detained, involuntarily committed, or otherwise deprived of liberty outside the criminal process, except pursuant to [an] act, subject to fair procedures, and upon a clear showing that the person's release would gravely endanger his own health or safety or the health, safety, or property of others. section 5. just compensation no land right or other private property may be taken unless a law authorizes such taking; and any such taking must be by the government of the republic of the marshall islands, for public use, and in accord with all safeguards provided by law. a use primarily to generate profits or revenues and not primarily to provide a public service shall not be deemed a "public use". land rights shall not be taken if there exist alternative means, by land fill or otherwise, of achieving at non-prohibitive expense the purpose to be served by such taking. before any land right or other form of private property is taken, there must be a determination by the high court that such taking is lawful and an order by the high court providing for prompt and just compensation. where any land rights are taken, just compensation shall include reasonably equivalent land rights for all interest holders or the means to obtain the subsistence and benefits that such land rights provide. whenever the taking of land rights forces those who are dispossessed to live in circumstances reasonably requiring a higher level of support, that fact shall be considered in assessing whether the compensation provided is just. in determining whether compensation for land rights is just, the high court shall refer the matter to the traditional rights court and shall give substantial weight to the opinion of the latter. an interest in land or other property shall not be deemed "taken" if it is forfeited pursuant to law for non-payment of taxes or debt or for commission of crime, or if it is subjected only to reasonable regulation to protect the public welfare. in construing this section, a court shall have due regard for the unique place of land rights in the life and law of the republic. section 6. cruel and unusual punishment no crime under the law of the republic of the marshall islands may be punishable by death. no sentence of imprisonment at hard labor shall be imposed on any person who has not attained the age of 18 years. no person shall be subjected to torture or to inhuman and degrading treatment, to cruel and unusual punishment, or to excessive fines or deprivations. section 7. habeas corpus in order that the legality of any person's detention always remain subject to appropriate challenge in a court of law, the writ of habeas corpus shall not be suspended. any person held in custody is entitled to apply, in person or through another, to any judge in the republic of the marshall islands for a writ of habeas corpus. there shall be a prompt hearing on any application for a writ of habeas corpus, and if it appears that the person being detained is being held in violation of this constitution or other law of the republic, the judge with whom the application was filed shall order the immediate release of the person being detained, subject to reasonable provisions for appeal by the detaining authority. in the case of a person detained pursuant to a criminal conviction or sentence, the judge with whom the application was filed shall determine whether the judgment underlying the challenged detention was rendered without jurisdiction or in violation of the detained person's rights under this constitution or other law of the republic and shall set the judgment aside and order the prisoner's release if either infirmity is found. the provisions of paragraphs (3) and (4) of this section shall extend not only to the fact of the applicant's custody but also to such particular conditions contrary to law. insofar as a determination under paragraph (4) or (5) of this section requires a ruling on a controverted matter, the judge with whom an application for habeas corpus has been filed shall treat as conclusive and prior determination of a court of record in which the applicant had a full and fair opportunity to litigate the matter, providing such determination either was ultimately upheld on appeal or was knowingly and voluntarily permitted to stand without challenge by the applicant. section 8. ex post facto laws and bills of attainder no person shall be subjected to ex post facto punishment--such as punishment in excess of that validly applicable at the time the act in question was committed, or punishment imposed by a procedure less favorable to the accused than that validly applicable at the time the act was committed. no person shall be subjected to punishment under a bill of attainder--such as a law which singles out for penalty a named or readily identifiable individual or group of individuals. section 9. quartering of soldiers no soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war but in the manner prescribed by law. section 10. imprisonment for debt no person shall be imprisoned for debt; nor shall any person be imprisoned for failure to pay a fine assessed as punishment for a crime unless he has been afforded a reasonable time to make payment and has been found to have the means to do so. section 11. conscription and conscientious objection no person shall be conscripted to serve in the armed forces of the republic of the marshall islands except in time of war or imminent danger of war as certified by the cabinet, and no person shall be conscripted if, after being afforded a reasonable opportunity to do so, he has established that he is a conscientious objector to participation in war. section 12. equal protection and freedom from discrimination all persons are equal under the law and are entitled to the equal protection of the laws. no law and no executive or judicial action shall, either expressly, or in its practical application, discriminate against any persons on the basis of gender, race, color, language, religion, political or other opinion, national or social origin, place of birth, family status or descent. nothing in this section shall be deemed to preclude non-arbitrary preferences for citizens pursuant to law. section 13. personal autonomy and privacy all persons shall be free from unreasonable interference in personal choices that do not injure others and from unreasonable intrusions into their privacy. section 14. access to judicial and electoral processes every person has the right to invoke the judicial process as a means of vindicating any interest preserved or created by the law, subject only to regulations which limit access to courts on a non-discriminatory basis. every person has the right to participate in the electoral process, whether as a voter or as a candidate for office, subject only to the qualifications prescribed in this constitution and to election regulations which make it possible for all eligible persons to take part. in the administration of judicial and electoral processes, no fee may be imposed so as to prevent participation by a person unable to afford such a fee. section 15. health, education, and legal services the government of the republic of the marshall islands recognizes the right of the people to health care, education, and legal services and the obligation to take every step reasonable and necessary to provide these services. section 16. ethical government the government of the republic of the marshall islands recognizes the right of the people to responsible and ethical government and the obligation to take every step reasonable and necessary to conduct government in accord with a comprehensive code of ethics. section 17. other rights the enumeration in this constitution of certain rights shall not be construed to deny or disparage others retained by the people. section 18. invoking bill of rights protection no right secured by the bill of rights may be denied or abridged, whether directly through the imposition of force or penalty, or indirectly through the withholding of privilege or benefit. any provision of the bill of rights may be invoked either as a defense to a civil or criminal proceeding or as a basis for legal or equitable relief against any actual or threatened violation. article iii. the council of iroij section 1. the council of iroij there shall be a council of iroij of the republic of the marshall islands. the council of iroij shall consist of 5 eligible persons from districts of the ralik chain and 7 eligible persons from districts of the ratak chain of the republic selected as follows: from the ralik chain excluding ujelang ..... 4 iroijlaplap from ujelang ..... 1 iroijlaplap from mili ..... 1 iroijlaplap from arno ..... 1 iroijlaplap from mejit ..... 1 iroijlaplap from majuro ..... 1 iroijlaplap from airok [maloelap] ..... 1 iroijlaplap from aur, maloelap (excluding airok), wotje utrik, and 1 ailuk ..... iroijlaplap from likiep ..... 1 owner if, in any district, a person or group of persons becomes recognized, pursuant to the customary law or to any traditional practice, as having rights and obligations analogous to those of iroijlaplap, that person, or a member of that group nominated by the group, shall be deemed to be eligible to be a member of the council of iroij as though he were an iroijlaplap. where in any district, the number of persons eligible to be members of the council of iroij is greater than the number of seats to be filled the term of office of the member or members from that district shall be one calendar year; before the expiration of any calendar year, the eligible persons in that district shall endeavor to reach agreement among themselves as to which of them shall be the member or members from that district during the next calendar year; if, by the date of the first meeting of the council in any calendar year, there has been no such agreement, the nitijela shall as soon as practicable proceed, by resolution, to appoint one or more of the eligible persons to be the member or members from that district; the selection of any member, whether by the eligible persons themselves or by the nitijela, shall take account of the need for a reasonable rotation among the eligible persons in that district, but any member may serve for two or more terms, consecutively or otherwise. if, in the case of any district, there is for any reason no person eligible to be a member of the council of iroij in accordance with paragraphs (2) and (3) of this section, the council of iroij shall as soon as practicable proceed, by resolution, to appoint as a member of the council a person who, in the opinion of the council, having regard to the customary law and traditional practice, is qualified by reason of his family ties to a person who, but for that reason, would have been eligible to be a member of the council from that district. the term of any member of the council of iroij taking office during any calendar year shall be the remainder of that calendar year. a person shall not be eligible to be a member or the deputy of a member of the council of iroij if he is not a qualified voter; or he is a member of the nitijela. any question that arises concerning the right of any person to be or to remain a member, or the deputy of a member, of the council of iroij, or to exercise the rights of a member, shall be referred to and determined by the high court. section 2. functions of the council of iroij the council of iroij shall have the following functions: the council may consider any matter of concern to the republic of the marshall islands, and it may express its opinion thereon to the cabinet; the council may request, in accordance with section 3 of this article, the reconsideration of any bill affecting the customary law, or any traditional practice, or land tenure, or any related matter, which has been adopted on third reading by the nitijela; the council shall have such other functions as may be conferred on it by or pursuant to act. section 3. requests for reconsideration of bills subject to paragraph (8) of this section, the clerk of the nitijela shall transmit to the clerk of the council of iroij, for reference to the council, a copy of every bill adopted on third reading by the nitijela. the council of iroij may, within 7 days after the date of such transmittal, adopt a resolution expressing its opinion that a bill so transmitted to the council affects the customary law or a traditional practice, or land tenure, or a related matter, and requesting the nitijela reconsider the bill, or it may sooner, by writing signed by the chairman of the council, record its decision not to adopt any such resolution. the clerk of the council of iroij shall forthwith transmit to the clerk of the nitijela, for reference to the speaker, a copy of any such resolution or decision, together with any observations on the bill which the council may wish to make. the speaker may, pursuant to section 21 of article iv, certify that a bill required to be transmitted to the council of iroij has been passed by the nitijela, if he is satisfied that the council has, in relation to that bill, adopted no resolution pursuant to paragraph (2) of this section within the period of 7 days referred to in that paragraph, or has sooner recorded its decision not to adopt any such resolution. if, in relation to any bill, the council of iroij has adopted a resolution pursuant to paragraph (2) of this section, the nitijela may proceed to reconsider the bill, together with any observations of the council thereon. in the course of any such reconsideration, the speaker may, in consultation with the chairman of the council of iroij, arrange for the holding of a joint conference between members of the council and members of the nitijela, for the purpose of endeavoring to reach agreement about the consent of the bill. after reconsidering the bill, the nitijela may decide not to proceed with the bill, or may amend the bill in any manner it thinks fit, or may, by resolution, reaffirm its support for the bill without amendment. the provisions of paragraph (1) of this section shall not apply to an appropriation bill or a supplementary appropriation bill or to any bill which the nitijela has amended or reaffirmed, pursuant to paragraph (7) of this section. the speaker may, pursuant to section 21 of article iv, certify that a bill to which paragraph (5) of this section relates has been passed by the nitijela, if he is satisfied that it has been amended or reaffirmed pursuant to paragraph (7) of this section. section 4. compensation of members of the council of iroij the compensation of members of the council of iroij shall be specifically prescribed by act. section 5. the chairman and the vice-chairman of the council of iroij the chairman and the vice-chairman of the council of iroij shall be the members of the council elected to those offices by a majority of the members present and voting at a meeting of the council. the council of iroij shall, by secret ballot, proceed to elect the chairman and the vice-chairman, before the dispatch of any other business, at the first meeting of the council of iroij in each calendar year, and shall so proceed to elect a member of the council to fill any vacancy in the office of chairman or vice-chairman, before the dispatch of any other business, at the first meeting of the council after the occurrence of the vacancy. the chairman or vice-chairman may resign his office by writing signed by him, delivered to the clerk of the council of iroij; and each shall vacate his office on the entry into office of a new chairman or vice-chairman elected when the council of iroij first meets in each calendar year; or if he ceases to be a member of the council of iroij; or if he is removed from office by a resolution of the council of iroij carried by not less than two-thirds of the members present and voting at a meeting of the council. section 6. functions of the chairman the chairman shall preside over any meeting of the council of iroij at which he is present and shall have the other functions conferred on him by this constitution or by or pursuant to act or to a resolution of the council. if the chairman is not present at any meeting of the council of iroij, or, through absence, illness or any other cause, he is unable to perform any other function of his office, or the office of chairman is vacant, the vice-chairman shall preside over that meeting or perform that function until the chairman is again present at that meeting or able to perform that function. if, on any occasion, there is neither a chairman nor a vice-chairman who is able to preside over any meeting of the council of iroij or perform any other function of the chairman, then, until the chairman or the vice-chairman is again able to perform that function, it shall be performed by the oldest member of the council who is available. section 7. procedure of the council of iroij the council of iroij shall meet in regular session during any period when the nitijela is meeting in regular session, and in special session during any period when the nitijela is meeting in special session, and shall remain in regular or special session, as the case may be, during such period after the date of termination of every session of the nitijela as may be necessary to permit the council to adopt a resolution or record its decision in relation to any bill transmitted to it, pursuant to section 3 of this article. the council of iroij shall meet in special session at any other time fixed by the chairman of the council, or by the clerk of the council acting at the request of not less than 9 members, and shall remain in such special session until such date as the council may decide. business may be validly transacted at any meeting of the council of iroij if the number of members present is not less than 6. except as otherwise provided in this section, the council of iroij shall determine its own procedure. section 8. vacancies in the council of iroij the seat of a member of the council of iroij shall become vacant if he dies; or he resigns his seat by writing under his hand delivered to the clerk of the council; or he ceases to be a qualified voter; or he becomes a member of the nitijela. any vacancy in the council of iroij shall be filled by applying, as nearly as may be, the provisions of section 1 of this article. section 9. deputies of members of the council of iroij a member of the council of iroij who is prevented by absence, illness or any other cause from attending any meeting of the council or of any committee thereof or of any joint committee or joint conference may appoint a person who is qualified by reason of his family ties to that member to be his deputy at that meeting. if, at any meeting of the council of iroij, or of any committee thereof or of any joint committee or joint conference, any member is absent, and is not represented by a deputy appointed by him, or the seat of any member is vacant, the council of iroij may, by resolution, appoint a person who, in the opinion of the council, having regard to the customary law and any traditional practice, is qualified by reason of his family ties to that member to be his deputy at that meeting. any deputy of a member may perform the functions and shall have the powers, duties and privileges of that member: provided that no deputy of a member shall perform the functions of chairman unless there is no member of the council available to perform those functions. section 10. privileges of the council of iroij and its members neither the council of iroij nor any member of the council shall be subject to any proceeding outside that body, or subjected to any liability, civil or criminal, in relation to the casting of any vote, the making of any statement, the publication of any document or the taking of any other action as part of the official business of the council of iroij. the council of iroij shall not be disqualified from the transaction of business by reason only that there is a vacancy among its members, or that, in any case where section 9 of this article applies, no appointment of a deputy has been made pursuant to that section. nothing done in the course of the official business of the council of iroij shall be questioned on the ground that some person who acted as a member of the council or the deputy of a member in relation to that matter was not qualified so to act. section 11. clerk of the council of iroij there shall be a clerk of the council of iroij who shall be an officer of the public service and shall have the functions conferred on him by this constitution or by or pursuant to act or to a resolution of the council. the clerk of the council of iroij shall be responsible for arranging the business for and keeping a record of the proceedings of the council of iroij. the clerk of the council of iroij shall perform, with respect to the chairman and to the other members of the council such secretarial and other functions as may be required. article iv. the legislature section 1. legislative power vested in the nitijela the legislative power of the republic of the marshall islands shall be vested in the nitijela and shall be exercised by act. the power conferred by this section shall include the power to repeal, revoke or amend any law in force in the republic; and to confer, by act, the authority to promulgate rules, regulations, orders or other subordinate instruments pursuant to that act and in furtherance of its stated purposes; and to make all other laws which it considers necessary and proper for carrying into execution any of its other powers, or any power vested by this constitution in any other government agency or any public officer. section 2. membership of the nitijela the nitijela shall consist of 33 members to be elected from the following electoral districts in the number indicated beside the name of each electoral district: majuro 5 kwajalein 3 ailinglaplap 2 arno 2 jaluit 2 jabat 1 mili 1 ebon 1 lib 1 namdrik 1 maloelap 1 wotje 1 likiep ailuk 1 aur 1 namu 1 wotho 1 enewetak & ujelang 1 bikini & kili 1 rongelap 1 mejit 1 utrik 1 lae 1 ujae 1 narikrik, erikub, jemo, taka, bikar, bokak, rongrik and ailinginae shall each be included in the electoral district with which it is most closely associated, pursuant to the customary law or any traditional practice. at any election in any electoral district, every qualified voter shall have the right to vote for as many candidates as there are seats to be filled; and the requisite number of candidates who receive the greatest number of votes, whether or not the number of votes received by any candidate constitutes a majority, shall be the member or members elected to represent that electoral district, and shall be so declared pursuant to law. subject to paragraph (4) and (5) of this section, the nitijela may, by act, amend paragraph (1) of this section so as to vary the total number of members of the nitijela, or the number of electoral districts, or their geographic boundaries, or the number of members to be elected from any electoral district. any such amendment of paragraph (1) of this section shall, so far as practicable, be made in accordance with the principle that every member of the nitijela should represent approximately the same number of voters; but account shall also be taken of geographical features, community interests, the boundaries of existing administrative and recognized traditional areas, means of communication and density and mobility of population. the nitijela shall not proceed further than the first reading of any bill or amendment to a bill which, in the opinion of the speaker, makes provision for amending paragraph (1) of this section, unless it has before it a report, made by a committee of the nitijela, or by some other body authorized for the purpose by act, reviewing the composition of the nitijela and stating whether or not it would be desirable in the circumstances, having regard to the provisions of paragraph (4) of this section, to amend paragraph (1); and that report has been published. it shall be the duty of the nitijela to call, at least once in 10 years, for a report pursuant to paragraph (5) of this section and to publish that report. section 3. elections of members of the nitijela elections of members of the nitijela shall be conducted by secret ballot under a system of universal suffrage for all citizens of the republic of the marshall islands who have attained the age of 18 years, and who are otherwise qualified to vote pursuant to this section. no person shall be qualified to be a voter if he is certified to be insane; or in respect of his conviction for a felony, he is serving a sentence of imprisonment or is released on parole or probation. every person otherwise qualified to be a voter shall have the right to vote in one and one only electoral district, being an electoral district in which he either resides or has land rights; but a person who has a choice of electoral districts pursuant to this paragraph shall exercise that choice in any manner prescribed by law. section 4. qualifications of candidates every qualified voter who has attained the age of 21 years is qualified to be a candidate for election as a member of the nitijela. any person who is qualified to be a candidate under paragraph (1) of this section shall have the right to be a candidate in any electoral district in which he is entitled to vote, or unless otherwise provided by act, in any other electoral district; provided that no person may, at any election, be a candidate in more than one electoral district. section 5. public servants who become candidates or are elected employees of the public service who become candidates for election as members of the nitijela shall be granted leave of absence for the purposes of their candidature in accordance with any conditions prescribed by law. if any such employee is declared elected as a member of the nitijela, he shall be deemed to have resigned from his employment in the public service. section 6. vacation of seats by members of the nitijela the seat of any member of the nitijela shall become vacant if, and only if, he ceases to possess any qualification to be a candidate which he was required to have at the time of his candidature; or he dies; or he resigns his seat, by writing signed by him, delivered, in the case of a member other than the speaker to the speaker, and, in the case of the speaker, to the clerk of the nitijela; or he is absent without the leave of the nitijela from the meetings of the nitijela held on 20 consecutive sitting days; or he accepts appointment (except as a member of the cabinet) to any other office entitling him to compensation from public money; or the nitijela is dissolved. if the seat of any member of the nitijela becomes vacant for any reason other than the dissolution of the nitijela, the vacancy shall be filled at an election in the electoral district which he represented, held at the time prescribed by law, and conducted in accordance with sections 3, 4 and 5 [of] this article. whenever the seats of the members of the nitijela become vacant as a result of the dissolution of the nitijela, the vacancies shall be filled at a general election held pursuant either to section 12 or to section 13 of this article, as the case may require, and conducted in accordance with sections 3, 4 and 5 of this article. section 7. the speaker and the vice-speaker the speaker and the vice-speaker shall be the members of the nitijela elected to those offices by the nitijela. the nitijela shall, by secret ballot, proceed to elect the speaker and the vice-speaker before the dispatch of any other business, at the first meeting of the nitijela after each general election; and shall so proceed to elect a member of the nitijela to fill any vacancy in the office of speaker or vice-speaker, before the dispatch of any other business, at the first meeting of the nitijela after the occurrence of the vacancy. the speaker or the vice-speaker may resign his office by writing signed by him, delivered to the clerk of the nitijela, and each shall vacate his office on the entry into office of a new speaker or vice-speaker elected when the nitijela first meets after a general election; or if he ceases to be a member of the nitijela for any reason other than the dissolution thereof; or if he takes office as the president or a minister; or if he is removed from office by a resolution of the nitijela carried by not less than two-thirds of the total membership of the nitijela. section 8. functions of the speaker the speaker shall preside over any meeting of the nitijela at which he is present and shall have the other functions conferred on him by this constitution or by or pursuant to act or to the rules of the nitijela. the speaker shall be responsible for ensuring that the official business of the nitijela is conducted in compliance with this constitution and the rules of the nitijela, and shall exercise his functions impartially. if the speaker is not present at any meeting of the nitijela, or through absence, illness or any other cause, he is unable to perform any other function of his office or the office of speaker is vacant, the vice-speaker shall preside over that meeting or perform that function until the speaker is again present at that meeting or able to perform that function. if at any time when the nitijela is in session, there is neither a speaker nor a vice-speaker who is able to preside over a meeting of the nitijela or to perform any other function of the speaker, the clerk of the nitijela shall preside for the purpose of enabling the members of the nitijela to select one of their number, not being the president or a minister, to preside over any meeting and perform any other function of the speaker until the speaker or the vice-speaker is present at that meeting or able to perform that other function. if at any time when the nitijela is not in session there is neither a speaker nor a vice-speaker who is able to perform the functions of the speaker, then, until the speaker or the vice-speaker is again able to perform those functions, they shall be performed by a member of the nitijela, not being the president or a minister, appointed for the purpose by the clerk of the nitijela, by writing and signed by him. every document, including any certificate, signed by the speaker in the performance of his functions shall be countersigned by the clerk of the nitijela, and where, pursuant to this section, any such document or certificate is signed by the vice-speaker or by a member of the nitijela performing the functions of the speaker, it shall be so stated on the document or in that certificate. section 9. determination on questions of membership of the nitijela any questions that arise concerning the right of any person to vote at an election of a member or members of the nitijela, or to be or to remain a member of the nitijela, or to exercise the rights of a member, or concerning the conduct of any person in relation to any election of a member or members of the nitijela, shall be referred to and determined by the high court. section 10. sessions of the nitijela the nitijela shall meet in regular session on the first monday in january in each year and shall, subject to section 11 of this article, remain in session for 50 sitting days; provided that the president may, by writing signed by him, appoint a later date for the termination of any regular session. if there has been a general election or if, at any time when the nitijela is not in session, an election of the president is for any other reason required, and more than 60 days will elapse before the date of the next regular session of the nitijela, the president shall, within 14 days after the date of the general election or the date of the occurrence of any other event requiring an election of the president, call the nitijela to meet in special session on a date not more than 30 days after the date of the call; and, in any case where the president has not called the nitijela to meet in special session in accordance with this paragraph, the speaker shall call the nitijela to meet in special session as soon as practicable. if more than 120 days have elapsed after the date on which the preceding session of the nitijela terminated, any 10 members of the nitijela, not being members of the cabinet, representing not less than 4 electoral districts, may, by written petition signed by each of them, request the president to call the nitijela to meet in special session in order to consider the matter or matters of urgent public business set forth in the petition. unless the president has, within 7 days of the receipt of the petition, called the nitijela to meet in special session on a date not more than 30 days after the date of the call, the speaker shall call the nitijela to meet in special session as soon as practicable. any special session called pursuant to this paragraph may consider any matter; but no such special session shall be terminated before the expiration of 30 sitting days unless the speaker has certified that the nitijela has sooner disposed of the matter or matters of urgent public business which it was called to consider. at any time when the nitijela is not already meeting in regular session or in special session, the president may, by writing signed by him, call it to meet in special session. subject to paragraph (3) of this section and to section 11 of this article, the president shall, by writing signed by him, appoint the date for the termination of any special session of the nitijela. section 11. special provisions as to termination of sessions and recesses of the nitijela subject to section 12 and 13 of this article, whenever, during any session of the nitijela, an election of a president is required, that session of the nitijela shall not terminate and no recess shall be held until there has been an appointment of the members of the cabinet, after the election of a president, unless, in relation to an election following the tender of the president's resignation from office pursuant to paragraph (3) of section 7 of article v, that tender has sooner lapsed; or whenever, during any session of the nitijela, notice is given of a motion of no confidence in the cabinet, that session of the nitijela shall not terminate and no recess shall be held before the expiration of 10 days after the date of the giving of the notice, unless that motion has sooner been voted upon. subject to paragraph (1) of this section, the rules of the nitijela may provide for the holding of a recess during any session of the nitijela. section 12. dissolution of the nitijela and general election pursuant to paragraphs (2) and (3) of this section, the nitijela shall be dissolved and there shall be a general election of all members of the nitijela in every fourth calendar year, unless the nitijela is sooner dissolved and a general election is sooner held pursuant to section 13 of this article. the nitijela shall automatically be dissolved on the thirtieth day of september in the fourth year after the year in which the last preceding general election was held: provided that, if in any calendar year there was, pursuant to section 13 of this article, a general election on or before the thirtieth day of april, the nitijela shall automatically be dissolved on the thirtieth day of september in the third year after the year in which that general election was held. in the year when the nitijela is dissolved on the thirtieth day of september, there shall be a general election on the third monday in november. section 13. special provision for early dissolution of the nitijela and a general election the president may, by writing signed by him, dissolve the nitijela if a motion of no confidence in the cabinet has twice been carried out and has twice lapsed, and no other president has held office in the interval between the two votes of no confidence; or no cabinet has been appointed within 30 days after the date on which the nitijela proceeded to elect a president for any reason other than the tender of the president's resignation from office following a vote of no confidence. the power of the president to dissolve the nitijela shall lapse, if it has not been exercised before the expiration of 30 days after the date on which it first arose. in every case where the nitijela has been dissolved pursuant to this section, there shall be a general election on the seventh monday after the date of the dissolution. section 14. clerk of the nitijela there shall be a clerk of the nitijela who shall be an officer of the public service and shall have the functions conferred on him by this constitution or by or pursuant to act or to the rules or a resolution of the nitijela. the clerk of the nitijela shall be responsible for preparing the business and keeping a record of the proceedings of the nitijela and publishing that record from time to time; and arranging for the signing of documents and giving of certificates by the speaker, whenever any signature or certification of the speaker is required pursuant to this constitution or to any law, and keeping a record of all documents and certificates so signed and given; and arranging for the performance, with respect to the speaker and to the other members of the nitijela, of such secretarial and other functions as may be required. section 15. procedure of the nitijela subject to this section and to any act, the nitijela may from time to time make rules for the regulation and orderly conduct of its proceedings and the dispatch of its official business. the rules of the nitijela shall ensure that, in the conduct of its official business, there is an opportunity for all points of view represented in the nitijela to be fully heard. except where this constitution otherwise provides, every question before the nitijela shall be decided by a majority of the votes of the members present and voting at a meeting of the nitijela. unless, pursuant to an act or to the rules of the nitijela, a member is required to abstain from voting on any matter in which he has a personal interest, every member present when any question is put to the nitijela shall vote thereon. when any question is put to the nitijela, any member may call for a roll-call vote thereon, unless this constitution requires that vote to be by secret ballot. no member of the nitijela may vote more than once on any question, or vote by proxy or be represented at any meeting of the nitijela by any other person. no motion or other proposal shall be adopted and no candidate shall be elected on an evenly divided vote, but further votes may be taken in respect of the motion or other proposal or election in the manner prescribed in the rules of the nitijela. no business shall be transacted at any meeting of the nitijela if the number of members then present is less than half of the total membership of the nitijela. the powers of the nitijela shall not be affected by any vacancy in its membership. no bill shall be passed unless it has been read 3 times in the nitijela. any bill or other business before the nitijela at its dissolution shall lapse. the nitijela may, by resolution, declare that any person who has acted contrary to the provisions of this constitution or of any act relating to the conduct of the official business of the nitijela, or to the rules of the nitijela, is in contempt of the nitijela; but no member of the nitijela shall be punished therefor, except by suspension for no longer than 10 sitting days pursuant to such act or rules, and no person other than a member shall be punished therefor, except pursuant to an act defining offenses relating to contempt of the nitijela and making provision for their trial and punishment by the high court. section 16. privileges of the nitijela and its members the validity of any proceeding in the nitijela or in any committee thereof, or in any joint conference or joint committee, and the validity of any certificate duly given by the speaker under section 10 or section 21 of this article, or section 3 or section 4 of article xii, or section 6 of article xiii, shall not be questioned in any court; but this shall not be taken to preclude judicial review of the validity of any act or resolution of the nitijela under this constitution. members of the nitijela shall, except in cases of felony, be privileged from arrest during any session of the nitijela, and in going to or returning from the same. neither the speaker nor any officer of the nitijela in whom powers are vested for the regulation of procedure or the conduct of business or the maintenance of order shall, in relation to the exercise of any of those powers, be subject to the jurisdiction of any court; but this shall not be taken to preclude the exercise of judicial power under section 7 of article ii or judicial review, in an action against the clerk of the nitijela as nominal defendant, pursuant to section 9 of this article. neither the nitijela nor any member of the nitijela shall be subject to any proceeding outside that body, or subjected to any liability, civil or criminal, in relation to the casting of any vote, the making of any statement, the publication of any document or the taking of any other action as part of the official business of the nitijela. section 17. compensation of the members of the nitijela the compensation of the president, the ministers, the speaker, the vice-speaker and the other members of the nitijela shall be specifically prescribed by act. section 18. introduction of bills in the nitijela any member of the nitijela may introduce any bill, or propose any motion for debate in, or present any petition to, the nitijela; and any such bill, motion or petition shall be considered and disposed of in accordance with this constitution and the rules of the nitijela. section 19. special provisions with regard to bills prescribing compensation this section shall apply to any bill or amendment to a bill which, in the opinion of the speaker, prescribes the compensation of any person or class of persons whose compensation is required to be specifically prescribed by act. the nitijela shall not proceed further than the first reading of any bill or amendment to which this section applies, unless it has before it a report made by a committee of the nitijela, or by some other body authorized for the purpose by act, as to the level of the salary and the scale of the allowances (if any) which ought to be paid to any person or class of persons affected by that bill or amendment; and that report has been published. the committee of the nitijela or other body making that report shall take into account, in relation to any person or class of persons affected by any bill or amendment to which this section applies, the general level of income in the community; and the cost of living; and the nature of the office and of the services to be performed; and the qualifications of the person or class of persons affected; and the amount of time which the person or class of persons affected are expected to devote to their duties; and whether the person or class of persons affected are free to engage in any other occupation for gain or reward; and any other conditions of the appointment of the person or class of persons affected. an act prescribing the compensation payable to any person or class of persons whose compensation is required to be specifically prescribed by act shall not, of itself, be regarded as authority for the expenditure of public money; and any expenditure for the purpose of paying that compensation shall be authorized only pursuant to article viii. section 20. special provisions with regard to bills prescribing the qualifications of judges the nitijela shall not proceed further than the first reading of any bill or amendment to a bill which, in the opinion of the speaker, prescribes any qualification required for appointment as a judge, unless it has before it a report by the judicial service commission as to whether such a qualification would be appropriate, and that report has been published. section 21. when bills become law subject to the requirements of paragraph (5) of section 4 of article xii, in those cases to which that paragraph applies, a bill shall become law if, and only if it has been passed by the nitijela; and the speaker, being satisfied that it has been passed in accordance with this constitution and with the rules of the nitijela, has endorsed on a copy of the bill a certificate of compliance with the requirements of this section and has, in the presence of the clerk of the nitijela, signed that certificate and inscribed thereon the date of signature; and the clerk of the nitijela has, in the presence of the speaker, countersigned the certificate on that copy of the bill. a bill may be signed and countersigned pursuant to this section whether or not the nitijela is then in session. a bill which becomes law in accordance with the requirements of this section shall be an act of the nitijela. subject to its provisions, an act shall come into force on the date of certification. article v. the executive section 1. executive authority and collective responsibility of the cabinet the executive authority of the republic of the marshall islands shall be vested in the cabinet, whose members are collectively responsible to the nitijela. subject to law, the cabinet may exercise elements of its executive authority directly, or through its individual members, and through other officers responsible to the cabinet; but neither the provisions of any such law, nor any delegation of elements of the cabinet's executive authority shall have the effect of diminishing the responsibility of the cabinet and of each of its members to the nitijela for the direction and implementation of executive policies. the executive authority so vested in the cabinet shall include but shall not be limited to the following powers, functions, duties and responsibilities: the cabinet shall have the general direction and control of the government of the republic; the cabinet shall recommend to the nitijela such legislative proposals as it considers necessary or desirable to implement its policies and decisions; and, in particular, the cabinet, taking into account the provisions of article viii, shall recommend to the nitijela proposals for the raising of taxes or other revenue and for the expenditure of public money; the cabinet shall be accountable to the nitijela for all public expenditure and for relating such expenditure to the appropriations made by the nitijela or to other authority conferred by this constitution or by act; the cabinet shall be responsible for conducting the foreign affairs of the republic whether by treaty or otherwise: provided that no treaty shall be finally accepted and no ambassador or other head of diplomatic mission shall be appointed by the cabinet without the approval of the nitijela, signified by resolution; the cabinet shall be responsible for making such provision as may be reasonable and necessary for the security of the republic: provided that no armed force shall be raised or stationed in the republic in peacetime except by act; the cabinet shall have the power of reprieve and pardon; the cabinet shall be responsible for establishing and maintaining such hospitals and other institutions and for providing such other services as may be reasonable and necessary for the public health; the cabinet shall be responsible for establishing and maintaining such public schools and for making such other provision as may be reasonable and necessary to provide educational opportunities for the people of the republic; the cabinet shall be responsible for establishing and maintaining such other institutions and services and for making such other provision as may be reasonable and necessary to achieve an adequate standard of living for the people of the republic, to enable them to enjoy their legal rights, and to serve their economic, social and cultural welfare; in the exercise of its responsibilities, the cabinet may make such contracts and other instruments on behalf of the government of the republic as it considers necessary. no treaty or other international agreement which is finally accepted by or on behalf of the republic on or after the effective date of this constitution shall, of itself, have the force of law in the republic. section 2. composition of the cabinet the cabinet shall consist of the president (who shall be a member of the nitijela) and the other members of the nitijela who are appointed as ministers pursuant to this article. subject to section 8 of this article, the members of the cabinet shall continue in office until their successors are appointed. section 3. the president the president shall be the head of state of the republic of the marshall islands. the president shall be elected by a majority of the total membership of the nitijela and shall be appointed to office pursuant to paragraph (2) of section 4 of this article. the nitijela shall, by secret ballot, proceed to elect the president at the first meeting of the nitijela after each general election and also at the first meeting of the nitijela after either the president's seat in the nitijela has been vacated for any reason other than the dissolution thereof; or the president has tendered or is deemed to have tendered his resignation from office. the president may at any time tender his resignation from office by writing signed by him, addressed to the speaker. where the president has tendered or is deemed to have tendered his resignation from office, that tender may not be withdrawn. section 4. appointment of the cabinet after election of the president as soon as practicable after his election to that office, the president elect shall nominate to the speaker for appointment as ministers not less than 6 nor more than 10 other members of the nitijela who have consented to the nomination. upon receiving the nominations made by the president elect under this section, the speaker shall, by instrument signed by him, appoint to office, as members of the cabinet, the president elect and the ministers so nominated. if the president elect has not, within 7 days after the date of his election to that office, submitted to the speaker his nomination of not less than 6 members of the nitijela for appointment as ministers, his election to that office shall have no effect, and the nitijela shall proceed as soon as practicable again to elect a president. section 5. allocation of portfolios the president shall, as soon as practicable after taking office, by writing signed by him, allocate among the members of the cabinet (including himself if he so desires) the portfolios of minister of finance, minister of foreign affairs, minister of communication and transportation, minister of resources and development, minister of social welfare, minister of public works and such other portfolios as may be necessary or desirable for giving to a member of the cabinet the primary responsibility for any department or function of government. the president shall have the primary responsibility for any department or function of government in respect of which no allocation of a portfolio is for the time being in force. section 6. appointment of ministers and allocation of portfolios at other times the president may, at any time when the total number of ministers is less than 10, submit to the speaker, with the consent of the member, the nomination of a member of the nitijela for appointment as a minister. the speaker shall, by instrument signed by him appoint as a minister any member so nominated. the president may, at any time, by writing signed by him, allocate any portfolio in respect of which no allocation is in force, or may reallocate any portfolio. whenever it appears to the president that any minister will, by reason of illness or absence from the republic of the marshall islands or from the seat of government, be temporarily unable to discharge the responsibilities of any portfolio allocated to him, he may, by writing signed by him, direct any other minister to discharge the responsibilities of that portfolio, until the minister to whom that portfolio has been allocated is again able to discharge those responsibilities. section 7. vote of no confidence in the cabinet at any meeting of the nitijela, any 4 or more members of the nitijela who are not members of the cabinet may give notice of their intention to make a motion of no confidence in the cabinet. any such motion shall be voted on at a meeting of the nitijela held not earlier than 5 days nor later than 10 days after the date of the giving of the notice. if the motion of no confidence is carried by a majority of the total membership of the nitijela, the president shall be deemed to have tendered his resignation from office. if the nitijela has not elected a president at the expiration of 14 days after the date on which the president is so deemed to have tendered his resignation from office, the vote of no confidence and the tender of the president's resignation shall lapse. in any case where a vote of no confidence has lapsed, notice of intention to make a motion of no confidence in the cabinet may not again be given until the expiration of 90 days after the date on which that vote of no confidence lapsed, unless there has sooner been an appointment of the members of the cabinet, following the election of a president. section 8. vacation of office by ministers a minister shall vacate his office as a member of the cabinet if his appointment as a minister is revoked by the president, by instrument signed by him; or he vacates his seat in the nitijela for any reason other than the dissolution thereof; or he resigns his office by writing signed by him, delivered to the president. if the occurrence of any vacancy in the office of a minister brings the total number of ministers below 6, the president shall, within 30 days after the occurrence of the vacancy, submit to the speaker the nomination of a minister pursuant to paragraph (1) of section 6 of this article. if, in any case where paragraph (2) of this section applies, the president does not nominate a minister in accordance with its provisions, he shall be deemed to have tendered his resignation from office. section 9. acting president whenever, by reason of illness, or absence from the republic of the marshall islands or from the seat of government, or for any other reason, the president is temporarily prevented from performing his functions in the republic or at the seat of government, as the case may be, the president, or failing him the cabinet may request the speaker to appoint a minister to perform the functions of president until such time as the president is capable of again performing his functions or has vacated his office; and the speaker shall, by instrument signed by him, make such an appointment accordingly. if the president vacates his seat in the nitijela for any reason other than the dissolution thereof, the speaker, acting at the request of the cabinet, or if he receives no such request within 7 days of the date on which the president so vacates his seat, then acting in his own discretion, shall, by instrument signed by him, appoint a minister to perform the functions of president until the members of the cabinet are appointed after the election of a president. section 10. meetings of the cabinet no business shall be transacted at any meeting of the cabinet unless at least 4 members of the cabinet are present. the cabinet shall not be disqualified from the transaction of business only because there is a vacancy among its members, or because, in any case where paragraph (4) of section 6 of this article applies, no direction has been given pursuant to that paragraph. no proceeding of the cabinet shall be questioned on the ground that a person who acted as a member of the cabinet in relation to that proceeding was not qualified so to act. notice of every meeting of the cabinet and a copy of every paper to be considered at that meeting shall be given to each member of the cabinet, to the chief secretary, to the attorney general, and to the secretary of finance. the chief secretary shall have the right to attend any meeting of the cabinet and to speak on any matter under consideration by the cabinet, and shall so attend if required to do so by the president or other member of the cabinet presiding. the president shall preside over every meeting of the cabinet at which he is present. the decision of the cabinet on any matter shall be taken by the members of the cabinet present at a meeting of the cabinet. subject to this section, the cabinet shall regulate its own procedure in such manner as it thinks fit. section 11. instruments and other decisions made by the cabinet any instrument made by the cabinet shall have effect, and any other decision of the cabinet shall be duly authenticated, when that instrument or the record of that decision has been signed by the president, whether or not he was present at the meeting of the cabinet at which the instrument or other decision was made, and by the clerk of the cabinet. in any case not otherwise provided for in this constitution or any other law, and with the consent or approval of the nitijela if required, the president or a minister acting with the authority of president may sign, pursuant to a decision of the cabinet, any instrument of appointment or other instrument made on behalf of the government of the republic of the marshall islands. section 12. clerk of the cabinet there shall be a clerk of the cabinet who shall be an officer of the public service and shall be responsible for arranging the business for and keeping the minutes of meetings of the cabinet, and for conveying decisions of the cabinet to the appropriate person or authority, and shall perform, with respect to the cabinet, such secretarial and other functions as may be required. the clerk of the cabinet shall be responsible for bringing to the attention of the cabinet any opinion expressed to the cabinet by the council of iroij. article vi. the judiciary section 1. the judicial power the judicial power of the republic of the marshall islands shall be independent of the legislative and executive powers and shall be vested in a supreme court, a high court, a traditional rights court, and such district courts, community courts and other subordinate courts as are created by law, each of these courts possessing such jurisdiction and power and proceeding under such rules as may be prescribed by law consistent with the provisions of this article. each court of the republic shall have power to issue all writs and other processes, make rules and orders and promulgate all procedural regulations, not inconsistent with law, as may be required for the due administration of justice and the enforcement of this constitution. the authority granted in paragraph (2) of this section shall include, in the case of the supreme court and the high court and such subordinate courts as are created by law, the powers to grant bail, accept forfeit security therefor, make orders for the attendance of witnesses with or without documents, make orders for the disposal of exhibits, and punish contempt of court. unless otherwise provided in the constitution, every judge of the supreme court or of the high court shall be a person with qualifications prescribed by or pursuant to [an] act; shall be appointed by the cabinet acting on the recommendation of the judicial service commission and with the approval, signified by resolution, of the nitijela; may, pending such approval, discharge the duties of his office until the expiration of 21 days after the commencement of the next ensuing session of the nitijela; and shall hold office during good behavior until reaching the age of 72 years unless, in the case of a judge who is not a citizen of the republic, the judge has been appointed for a term of one or more years, or in the case of a sitting judge in another jurisdiction, for a particular session of court. until the nitijela prescribes by act the qualifications for judges of the supreme court and of the high court, such judges must be persons qualified by education, experience, and character to discharge judicial office. no judge shall take part in the decision of any case in which that judge has previously played a role or with respect to which he is otherwise disabled by any conflict of interest. the compensation of the chief justice and any other judges of the supreme court and of the chief justice and any other judges of the high court shall be specifically prescribed by act. a judge of the supreme court or of the high court may be removed from office only by a resolution of the nitijela adopted by at least two-thirds of its total membership and only on the ground of clear failure or inability faithfully to discharge the duties of such office or for the commission of treason, bribery, or other high crimes or abuses inconsistent with the authority of his office. if the nitijela is not in session, the cabinet may suspend any judge of the high court or of the supreme court until the expiration of 21 days after the commencement of the next ensuing session, but only for such cause as would justify removal of the judge by the nitijela. whenever the office of any judge of the supreme court or of the high court, having previously been filled, is temporarily vacant, or any such judge is disabled from performing the duties of this office, the cabinet, acting on the recommendation of the judicial service commission, may appoint as an acting judge to discharge the duties of that office for the duration of such vacancy or disability, a person qualified within the meaning of paragraph (5) of this section. section 2. the supreme court the supreme court shall be a superior court of record, shall consist of a chief justice and such number of other judges as may from time to time be prescribed by act, and shall have appellate jurisdiction, as to both law and fact, with final authority to adjudicate all cases and controversies properly brought before it, in accord with this constitution and other applicable laws of the republic of the marshall islands. an appeal shall lie to the supreme court as of right from any final decision of the high court in the exercise of its original jurisdiction; as of right from any final decision of the high court in the exercise of any appellate jurisdiction, but only if the high court certifies that the case involves a substantial question of law as to the interpretation or effect of any provision of the constitution; at the discretion of the supreme court, subject to such conditions as to security for costs or otherwise as the supreme court thinks fit, from any final decision of any court. the high court may, on its own motion or on application of any party to the proceedings, remove to the supreme court any question arising as to the interpretation or effect of the constitution in any proceedings of the high court, other than proceedings set down for trial before a bench of 3 judges. in any case in which a question has been removed to the supreme court, it shall determine that question and either dispose of the case or remand it to the high court for disposition consistent with the supreme court's determination. section 3. the high court the high court shall be a superior court of record having general jurisdiction over controversies of law and fact in the republic of the marshall islands; shall consist of a chief justice, and such number of other judges as may from time to time be prescribed by act, shall have original jurisdiction over cases duly filed in the high court; and shall have appellate jurisdiction over cases originally filed in subordinate courts; and, unless otherwise provided by law, shall have jurisdiction to review the legality of any final determination by a government agency at the behest of any party aggrieved by such determination. at any time when the judges of the supreme court and of the high court number 4 or more, any judge of the high court may convene a bench of 3 judges to decide any case in the high court's jurisdiction, if the convening judge has determined that the case involves either a substantial question of law as to the interpretation or effect of a provision of this constitution or any other matter of public importance; and, if an insufficient number of judges of the high court is available, then, without, prejudice to the appellate jurisdiction of the supreme court in relation to that case, the remaining members of the bench shall be judges of the supreme court. section 4. the traditional rights court the traditional rights court shall be a court of record; shall consist of panels of 3 or more judges selected so as to include a fair representation of all classes of land rights, including, where applicable, the iroijlaplap, iroijedrik, alap and dri jerbal; and shall sit at such times and places and be chosen on such a geographical basis, as to ensure fair and knowledgeable exercise of the jurisdiction conferred by this section. the size, membership and procedures of the traditional rights court shall be consistent with paragraph (1) of this section, and shall be determined by the high court unless and until the nitijela makes provision for those matters by act. the jurisdiction of the traditional rights court shall be limited to the determination of questions relating to titles or to land rights or to other legal interests depending wholly or partly on customary law and traditional practice in the republic of the marshall islands. the jurisdiction of the traditional rights court may be invoked as of right upon application by a party to a pending judicial proceeding; but only if the court in which such proceeding is pending certifies that a substantial question has arisen within the jurisdiction of the traditional rights court. when a question has been certified to the traditional rights court for its determination under paragraph (4), its resolution of the question shall be given substantial weight in the certifying court's disposition of the legal controversy before it; but shall not be deemed binding unless the certifying court concludes that justice so requires. section 5. the judicial service commission there shall be a judicial service commission which shall consist of a chairman, the chief justice of the high court, or if his office is vacant, a person qualified by legal training, experience and temperament, appointed by the cabinet to act during the period of the vacancy; the attorney general or, if for any reason the attorney general is unable to act, the chairman of the public service commission; a citizen of the republic of the marshall islands, who is neither a member of the nitijela nor an employee of the public service, appointed from time to time by the cabinet. no business shall be transacted by the judicial service commission unless three members are present; and all questions proposed for decision by the commission shall be decided by a majority of the votes of those members. the judicial service commission shall make recommendations on judicial appointments on its own motion or at the request of the cabinet; recommend or evaluate criteria of qualification for judges on its own motion or at the request of the speaker or the cabinet; appoint and remove judges of the subordinate courts, and of the traditional rights court if authorized to do so by act; exercise such other functions and powers as may be conferred by law. in the exercise of its functions and powers, the judicial service commission shall not receive any direction from the cabinet or from any other authority or person, but shall act independently. article vii. the public service section 1. the public service of the republic of the marshall islands the public service of the republic of the marshall islands shall comprise all such employees as may be necessary to assist the cabinet in exercising the executive authority of the republic and to perform such other duties in the service of the republic as may be required. except as provided in paragraphs (3) and (4) of this section, no person shall receive any compensation from public money unless he is an employee of the public service. for the purpose of this article, a public corporation or other statutory authority constituted under the law of the republic shall be deemed to be an office of government, and a member or employee of any such public corporation or other statutory authority shall be deemed to receive his compensation from public money; but, without prejudice to the status for any other purpose or any such public corporation or statutory authority, or of any member or employee or funds thereof, or of any other money from which the compensation of any such member or employee may be paid, the application of this article in a particular case may be excluded by act. nothing in this section shall apply to any person whose compensation is required to be specifically prescribed by act, or any person required by this constitution to be appointed to office otherwise than by the public service commission, or any member of a naval, military, or air force, a police force, or a fire, coastguard or prisons service established by law, or any officer or employee of a local government, or to honorary service, or consultancy service remunerated only by fees or commission. unless otherwise provided by law, an employee of the public service may be granted leave without pay in order to serve the republic in any other capacity not involving a conflict of interest. section 2. the chief secretary there shall be an officer of the public service to be called the chief secretary, who shall be the head of the public service and the chief administrative and advisory officer of the government of the republic of the marshall islands. in addition to the other functions and powers conferred on him by law, the chief secretary shall be responsible to the cabinet for the general direction of the work of all departments and offices of government. the head of any such department or office shall account for the work of that department [or] office to the chief secretary, as well as to the minister primarily responsible for that department or office. notwithstanding anything in paragraph (2) of section 10 of this article, the public service commission shall consult the president and shall obtain the concurrence of the cabinet before it appoints any person to be the chief secretary. no appeal by any employee of the public service shall lie against the promotion or appointment of any person to the office of chief secretary. section 3. the attorney general there shall be an attorney general who shall be an officer of the public service and shall have the same qualifications as those required for appointment as a judge of the high court. the attorney general shall be the head of any department or office dealing with the administration of justice and of any other department or office placed under his authority by the public service commission. in addition to the other functions and powers conferred on him by law, the attorney general shall advise on legal matters referred to him by the cabinet, the president or a minister, and shall be responsible for instituting, conducting or discontinuing any proceedings for an offense alleged to have been committed, and for seeing to it that the laws are faithfully executed. in exercising his responsibilities under paragraph (3) of this section, the attorney general shall not receive any direction from the cabinet or any other authority or person, but shall act independently. he may exercise these responsibilities either in person or through officers subordinate to him, acting under and in accordance with his general or special instructions. notwithstanding anything in paragraph (2) of section 10 of this article, the public service commission shall consult the president and shall obtain the concurrence of the cabinet before it appoints any person to be attorney general. no appeal by any employee of the public service shall lie against the promotion or appointment of any person to the office of attorney general. section 4. the secretary of finance there shall be an officer of the public service to be called the secretary of finance who shall be the head of the finance department. in addition to the other functions and powers conferred on him by law, the secretary of finance shall be responsible for the preparation of the accounts relating to all public revenues and expenditure for each financial year, and for advising the minister of finance on all matters pertaining to the budget. section 5. the public service commission there shall be a public service commission of the republic of the marshall islands consisting of a chairman and 2 other members. the chairman and the other members of the public service commission shall be appointed by the cabinet, acting with the approval of the nitijela, signified by resolution. at any one time, at least 2 members of the public service commission shall be citizens of the republic; and no member of the commission who was a citizen of the republic at the time of his appointment shall remain a member if he ceases to be such a citizen. no person shall be appointed to be or shall remain a member of the public service commission if he is or becomes a member of the nitijela. no member of the public service commission shall hold concurrently any office in the public service. a member of the public service commission shall be appointed to hold office for a term of not more than 3 years, but shall be eligible for reappointment. in making appointments under section 5 of this article, and in fixing the terms of office of appointees, account shall be taken of the need to ensure that there is reasonable continuity in the membership of the public service commission and that the terms of individual members will not expire at the same time. section 6. tenure of office of members of the public service commission a member of the public service commission may at any time resign his office by writing signed by him, addressed to the president; he shall not be removed or suspended from office except on the like grounds and in the like manner as a judge of the high court or of the supreme court. section 7. compensation of the members of the public service commission the compensation of the chairman and other members of the public service commission shall be specifically prescribed by act. section 8. procedure of the public service commission at least 2 members of the public service commission shall concur in any decision of the commission. subject to this section and to any act, the public service commission shall determine its own procedure. no proceeding of the public service commission shall be questioned on the ground that a person who acted as a member of the commission in relation to that proceeding was not qualified so to act. section 9. functions and powers of the public service commission the public service commission shall be the employing authority for the public service and shall have the general oversight and control of its organization and management and shall be responsible for reviewing the efficiency and economy of all departments and offices of government. subject to any law, the public service commission may prescribe and determine the conditions of employment of employees of the public service and shall have such other functions and powers as may be conferred on it by or pursuant to act. except as provided in paragraph (2) of section 10 of this article, the public service commission shall be responsible to the cabinet for the carrying out of its duties and the exercise of its functions and powers, and the commission shall, as necessary, inform and advise the cabinet in relation to any matter affecting the public service. without prejudice to paragraph (3) of this section, the public service commission shall, as soon as practicable after the end of each calendar year, furnish to the cabinet a report on the state of the efficiency and economy of the public service and on the work of the commission for that calendar year. a copy of that report shall be laid before the nitijela at its regular session. section 10. appointments within the public service all employees of the public service shall be appointed by or under the authority of the public service commission and, subject to any law, shall hold office on such conditions as may from time to time be prescribed or determined by the commission. in all matters relating to decisions about individual employees (whether they relate to the appointment, promotion, demotion, transfer, disciplining or cessation of employment of any employee or any other matter) the public service commission shall not receive any direction from the cabinet or from any other authority or person, but shall act independently and in accord with criteria relating only to the individual's ability to perform his duties. section 11. conditions of employment in the public service in establishing and revising the conditions of employment in the public service, the factors to be taken into account shall include the need for the public service to recruit and retain an efficient staff, and, in particular, to provide varied careers and adequate advancement for the citizens of the republic of the marshall islands; the need to afford reasonable opportunities of employment of the citizens of the republic; the need to act consistently with government economic and social policy, bearing in mind that the conditions of employment in the public service are a major element in the general well-being of the republic. article viii. finance section 1. legislative control of public revenue and expenditure no taxes shall be imposed or other revenue raised and no public money shall be expanded unless authorized by law. all revenues received by the government of republic of the marshall islands shall be paid into an appropriate public fund or account established by this constitution or by act. section 2. the cabinet to take responsibility for budgetary matters it shall be the responsibility of the cabinet to make proposals to the nitijela on all matters pertaining to the budget. except with the recommendation or consent of a member of the cabinet, the nitijela shall not proceed further than the first reading of any bill or amendment thereto introduced by a member of the nitijela other than a member of the cabinet, if that bill would, in the opinion of the speaker, dispose of or charge any of the public revenues of the republic of the marshall islands, or revoke or alter (otherwise than by way of reduction) any disposition thereof or charge thereon, or impose or alter or abolish any tax, rate, due, fee or fine. section 3. the general fund there shall be a republic of the marshall islands general fund. all taxes and other revenues and moneys raised or received by the government of the republic shall be paid into the general fund, unless permitted by act to be paid into some other fund or account established for a specific purpose. section 4. withdrawals from the general fund or other public account no moneys shall be withdrawn from the general fund unless the issue of those moneys has been authorized by the appropriation act or a supplementary appropriation act; or has been authorized as anticipated or reprogrammed expenditure pursuant to section 7 of this article, or as an advance against a contingencies fund, pursuant to section 9 of the article; or is to meet expenditure specifically charged on the general fund by this constitution or by act. no moneys shall be withdrawn from the general fund except with the authority of the secretary of finance, who shall satisfy himself that the expenditure of those moneys has been approved pursuant to section 5 of this article and that the withdrawal is made in accordance with such other procedures as may be prescribed by law. no moneys shall be withdrawn from any other public fund or account unless the issue of those moneys has been authorized by or pursuant to [an] act. section 5. the cabinet to supervise expenditure and to account to the nitijela no public money shall be expended without the approval of the cabinet or of a person or body to which such approval authority has been delegated by or pursuant to [an] act. any such delegation, whether or not to one or more members of the cabinet, shall not derogate from the cabinet's collective responsibility to account to the nitijela for all public expenditure and to relate such expenditure either to the appropriations made by the nitijela or to the authority conferred by this constitution or by act. the secretary of finance may make a report to the cabinet on the immediate and long-term financial implications of any proposal for the expenditure of public money, and he shall make such a report pursuant to a direction of the cabinet or of the minister of finance given either generally or in the particular case. the minister of finance shall, as soon as practicable after the end of the financial year, lay before the nitijela at its regular session the accounts relating to all public revenues and expenditure for that financial year. section 6. the annual appropriation bill the minister of finance shall, in relation to each financial year, lay before the nitijela, as soon as practicable after the commencement of its regular session, budget estimates of the revenues and expenditure of the republic of the marshall islands for that financial year. the budget estimates shall cover all expected sources of revenue payable into the general fund, including loans raised or to be raised, and all proposed expenditure from the general fund including expenditure charged on the general fund by this constitution or by any act, or payable under a continuing appropriation. budget estimates relating to the raising of loans shall be accompanied by an analysis showing the future cost of servicing and repaying the loan. budget estimates of capital expenditure shall be accompanied by an analysis showing the estimated future cost of maintaining the asset created or acquired. the program areas categorized in the budget estimates for that financial year (other than items charged on the general fund by this constitution or act or payable under a continuing appropriation) shall be included in a single bill, to be known as the appropriation bill, which shall be introduced into the nitijela to provide for the issue from the general fund of the sums necessary to meet the expenditure incurred in those program areas and the appropriation of those sums for the purposes specified in the bill. section 7. anticipated and reprogrammed expenditures subject to such restrictions as may be prescribed by act, the cabinet may approve the expenditure of such sums as it considers necessary in anticipation of provision to be made in the appropriation act for any financial year. provided that the total amount issued and paid under this subparagraph in relation to any program area in any financial year shall not exceed the unexpended balance of the amount appropriated for that program area for the preceding financial year, together with an amount equal to 25 percent of the amount so appropriated; and all money so spent shall be included in the budget estimates for that financial year; or where, during the period between the passing of the appropriation act for any financial year and the end of that financial year, it is desirable that money appropriated in one program area should be spent in another program area: provided that the total amount of all sums issued and paid under this subparagraph in any financial year shall not result in an increase or decrease of more than 10 percent in the funds appropriated for any program area. a statement of the reprogrammed expenditure for any financial year shall be included in the accounts for that year laid before the nitijela. section 8. supplementary appropriation bills if, after the passing of the appropriation act in respect of any financial year, the cabinet finds it necessary or desirable to propose any expenditure over and above that authorized by that appropriation act, the minister of finance may lay before the nitijela one or more supplementary estimates of the proposed expenditure and of the unappropriated revenues which are, or will be, available to meet that expenditure; and all requirements relating to budget estimates shall in each case apply. the program areas categorized in any such supplementary estimates shall be included in a supplementary appropriation bill, which shall be introduced into the nitijela to provide for the issue from the general fund of the sums necessary to meet the supplementary expenditure incurred in those program areas and the appropriation of those sums for the purposes specified in that supplementary appropriation bill. section 9. contingencies fund if so empowered by act, the cabinet, on being satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, may authorize advances from the general fund, to be charged against the amount prescribed as a contingencies fund, to meet that need. a statement of all advances charged against the contingencies fund for any financial year shall be included in the accounts for that year laid before the nitijela. if the amount so advanced has not already been appropriated by a supplementary appropriation act, the budget estimates for the next succeeding financial year shall include provision for such an appropriation. section 10. lapse of appropriation the appropriations made by the appropriation act or any supplementary appropriation act shall lapse at the end of the financial year to which that act relates, or at the end of such longer period as that act may have prescribed in relation to a particular program area. section 11. compensation of certain officers charged on the general fund the compensation payable to the holders of the offices of judge of the supreme court or of the high court, of member of the public service commission and of auditor-general shall be a charge on the general fund. during the term of office of a holder of any such office, his compensation may be increased but not reduced, unless as part of a general reduction of compensation applied proportionately to all persons whose compensation is required to be specifically prescribed by act. section 12. public debt charged on the general fund all debt charges for which the republic of the marshall islands is liable shall be a charge on the general fund. section 13. the auditor-general the speaker shall nominate and, with the approval of the nitijela, signified by resolution, the president shall appoint an auditor-general of the republic of the marshall islands. the auditor-general shall hold office during good behavior until he reaches the age of 72 years. the auditor-general may at any time resign his office by writing signed by him, addressed to the speaker; but he shall not be removed or suspended from office except on the like grounds and in the like manner as a judge of the high court or of the supreme court. if the office of auditor-general is vacant, or it appears that the auditor-general is for any reason unable to perform the functions of his office, the speaker shall nominate and the president shall appoint an acting auditor-general; and the acting auditor-general shall continue to perform those functions until a new auditor-general is appointed and assumes office, or, as the case may be, until the auditor-general is again able to perform the functions of his office. a person who has held office as auditor-general shall not be eligible for appointment to any other office in the service of the republic within a period of 3 years after ceasing to hold the office of auditor-general. section 14. compensation of auditor-general the compensation of the auditor-general shall be specifically prescribed by act. section 15. audit of accounts the auditor-general shall audit the public funds and accounts of the republic of the marshall islands including those of all departments or offices of the legislative, executive and judicial branches of government and of any other public corporation or other statutory authority constituted under the law of the republic unless, in relation to any such public corporation or other statutory authority, provision is made by act for audit by any other person. the auditor-general may exercise his responsibilities under paragraph (1) of this section either in person or through officers of the public service who are subordinate to him, acting in accordance with his general or special instructions. for the purpose of carrying out his functions under this article, the auditor-general or any person authorized by him shall have full access to all public records, books, vouchers, documents, cash, stamps, securities, stores or other government property in the possession of any officer. the auditor-general shall report at least once annually to the nitijela, at its regular session, on the performance of his functions under this article, and shall, in his report, draw attention to any irregularities in the accounts audited by him. in the exercise of his functions, the auditor-general shall not receive any direction from the cabinet or from any other authority or person, but shall act independently. nothing in this section shall prevent the auditor-general from offering technical advice and assistance to any person or authority having a responsibility in relation to the public revenues and expenditure of the republic. article ix. local government section 1. right to a system of local government the people of every populated atoll or island that is not part of an atoll shall have the right to a system of local government which shall operate in accordance with any applicable law. the system of local government shall in each case extend to the sea and the seabed of the internal waters of the atoll or island and to the surrounding sea and seabed to a distance of 5 miles from the baseline from which the territorial sea of that atoll or island is measured. the whole of the land and sea areas to which any system of local government extends shall lie within the jurisdiction of a local government; and, where there is more than one local government, the land and sea boundaries of their respective jurisdictions shall be as defined by law. section 2. power to make ordinances a local government may make ordinances for the area in respect of which it has jurisdiction, provided that such ordinances are not inconsistent with any act, or, to the extent that it has the force of law in the republic of the marshall islands, with any other legislative instrument (other than a municipal ordinance) or any executive instrument. without limiting the generality of the power conferred by paragraph (1) of this section, an ordinance may provide for the levying of taxes and for the appropriation of funds for local purposes. article x. traditional rights section 1. traditional rights of land tenure preserved nothing in article ii shall be construed to invalidate the customary law or any traditional practice concerning land tenure or any related matter in any part of the republic of the marshall islands, including, where applicable, the rights and obligations of the iroijlaplap, iroijedrik, alap and dri jerbal. without prejudice to the continued application of the customary law pursuant to section 1 of article xiii, and subject to the customary law or to any traditional practice in any part of the republic, it shall not be lawful or competent for any person having any right in any land in the republic under the customary law or any traditional practice to make any alienation or disposition of that land, whether by way of sale, mortgage, lease, license or otherwise, without the approval of the iroijlaplap, iroijedrik, where necessary, alap and the senior dri jerbal of such land, who shall be deemed to represent all persons having an interest in that land. title to land or any land right in the republic of the marshall islands may be held only by a citizen of the republic, a corporation wholly owned by citizens of the republic, the government of the republic or a local government, or a public corporation or other statutory authority constituted under the law of the republic. nothing in this constitution shall be construed so as to preclude its application to every place within the traditional boundaries of the archipelago of the marshall islands. section 2. declaration of the customary law in the exercise of its legislative functions, it shall be the responsibility of the nitijela, whenever and to the extent considered appropriate, to declare, by act, the customary law in the republic of the marshall islands or in any part thereof. the customary law so declared may include any provisions which, in the opinion of the nitijela, are necessary or desirable to supplement the established rules of customary law or to take account of any traditional practice. this section shall not be construed to authorize the making of any law that would defeat an otherwise valid claim under article ii. the nitijela shall not proceed further than the first reading of any bill or amendment to a bill which, in the opinion of the speaker, makes provision for any declaration pursuant to paragraph (1) of this section unless a joint committee of the council of iroij and the nitijela has been afforded a reasonable opportunity to make a report on the matters dealt with in that bill or amendment and any such report has been published. article xi. citizenship section 1. persons becoming citizens a person who, immediately before the date of this constitution, was a citizen of the trust territory of the pacific islands shall on that date become a citizen of the republic of the marshall islands, if he or either of his parents has land rights. a person born on or after the effective date of this constitution shall be a citizen of the republic if at the date of his birth, either of his parents is a citizen of the republic; or he is born in the republic and is not at his birth entitled to be or become a citizen of any other country. in case of doubt, an application for a declaration that any person is, pursuant to this section, a citizen of the republic may be made to and ruled on by the high court. section 2. persons who may be registered as citizens unless disqualified pursuant to paragraph (3) of this section, any person who is not a citizen of the republic of the marshall islands shall become a citizen by registration if, upon application, the high court is satisfied either that he has land rights; or that he has been resident in the republic for not less than 3 years, and is the parent of a child who is a citizen of the republic; or that he is of marshallese descent, and that in the interests of justice his application should be granted. a person who has attained the age of 18 years shall not be registered pursuant to this section as a citizen of the republic, until he has taken an oath or made an affirmation of allegiance to the republic. in the interests of national security or policy with respect to dual citizenship, the nitijela may by act provide for the disqualification of any class of persons who would otherwise be entitled to be registered as citizens pursuant to this section, but who have not already been so registered. section 3. powers of the nitijela regarding citizenship the nitijela may make provision by act for the acquisition of citizenship of the republic of the marshall islands by registration in cases not falling within section 2 of this article; for the acquisition of citizenship of the republic by naturalization; for depriving of citizenship of the republic, consistently with article ii, any class of persons who are citizens of the republic only by reason of provision made by act pursuant to this section; for depriving of citizenship of the republic any class of persons who are citizens of the republic and are or have become citizens of another country otherwise than by marriage; for the express renunciation by any person of citizenship of the republic. article xii. amendment of the constitution section 1. power to amend the constitution any amendment of this constitution shall become law only pursuant to this article. section 2. classification of amendments any amendment of this article, or of articles i, ii, or x, or of the principles of apportionment set forth in paragraph (4) of section 2 of article iv, or any amendment abolishing or altering in any fundamental respect (such as by altering the composition or method of selection or tenure of) any institution or office of government to which this paragraph applies, shall become law only in compliance with the provisions of section 4 of this article. paragraph (1) of this section shall apply to: the council of iroij; the president; the nitijela; the speaker and the vice-speaker; the cabinet; the supreme court; the high court the traditional rights court; the judicial service commission; the public service commission; the auditor-general; the chief secretary; the attorney general; the secretary of finance. any amendment not governed by paragraph (1) of this section may become law pursuant to section 3 or section 4 of this article, and section 2 of article iv may also be amended in accord with its provisions. section 3. amendment by action of the nitijela and referendum amendments of this constitution made pursuant to this section shall originate in the nitijela, and, subject to this section, shall be considered and disposed of as if they had been proposed by bill. any such amendment must first be approved on the second and third readings by at least two-thirds of the total membership of the nitijela, provided that at least 60 days shall have elapsed between the second and third readings. thereafter the amendment shall be valid for all intents and purposes as part of this constitution if duly certified by the speaker as having been so approved by the nitijela and also by a majority of the votes validly cast in a referendum of all qualified voters, such referendum to be held as prescribed by act. section 4. amendment by constitutional convention and referendum amendments of this constitution made pursuant to this section shall be valid for all intents and purposes as part of this constitution if duly certified by the speaker as having been submitted to the people by a constitutional convention and approved by two-thirds of the votes validly cast in a referendum of all qualified voters, such referendum to be held as prescribed by act pursuant to paragraph (4) of this section or by the chief secretary pursuant to paragraph (10) of this section. a constitutional convention may be convened only pursuant to this section; shall be composed of members fairly representing all the people of the republic of the marshall islands; shall be specially elected by qualified voters; shall number at least 10 more than the total membership of the nitijela; shall be organized and shall proceed according to its own internal rules; and shall notify the speaker of such amendments as it may adopt for submission to a referendum. it shall be beyond the authority of a constitutional convention to consider or adopt amendments that are unrelated to or inconsistent with the proposals presented to it by the nitijela or by referendum. upon receiving the speaker's certification that notice has been duly received in accord with paragraph (2) of this section, it shall be the duty of the nitijela, as soon as practicable, to provide by act for a referendum among all qualified voters on the amendments submitted by the constitutional convention. the nitijela may at any time provide, by act stating the proposed amendments to be considered, for the holding of a constitutional convention, provided that such act is approved at both the second and third readings by two-thirds of the total membership of the nitijela. the nitijela may at any time provide, by act stating the proposed amendments to be considered, for the holding of a referendum among all qualified voters on the question of calling a constitutional convention to consider such proposed amendments. upon receiving a petition signed by not less than 25 percent of all qualified voters calling for a referendum on the question of holding a constitutional convention to consider the amendments proposed in the petition, the speaker shall certify to the nitijela that such petition has been received. it shall be the duty of the nitijela, as soon as practicable after receiving the speaker's certification under paragraph (7) of this section, to provide by act for a referendum among all qualified voters on the question of holding a constitutional convention to consider the amendments proposed in the petition. upon the approval of a majority of the votes validly cast in a referendum held pursuant to paragraphs (6) or (8) of this section, as duly certified by the speaker, it shall be the duty of the nitijela to provide by act for the convening of a constitutional convention in accord with paragraph (2) of this section as soon as practicable. if the nitijela fails to provide for the holding of a referendum or constitutional convention within 60 days after the speaker's certificate calling for the same is duly given, the chief secretary shall, by writing signed by him and countersigned by the attorney general, make provision for the holding of such referendum or constitutional convention as soon as practicable. the expenses of holding a referendum or a constitutional convention in accordance with provision made by the chief secretary pursuant to paragraph (10) of this section shall be a charge on the general fund: provided that the amount payable pursuant to this paragraph shall not, in the case of a referendum, exceed the amount expended in conducting the voting at the last preceding general election, and, in the case of a constitutional convention, exceed 2 percent of the total amount of money appropriated by the nitijela in the last preceding financial year. section 5. certification by the speaker whenever a certificate of the speaker is required by this article as a precondition of the validity of an amendment, the speaker shall give such a certificate upon being satisfied that the amendment has been approved in compliance with the requirements of this constitution, and with any applicable law. section 6. duty to report it shall be the duty of the nitijela to make provision, at least once every ten years, for a report on the advisability of amending this constitution, or of calling, or holding a referendum on the question of calling, a constitutional convention for the purpose of proposing amendments to this constitution, and to publish that report. article xiii. transitional section 1. existing law to continue subject to this constitution the existing law shall, until repealed or revoked, and subject to any amendment thereof, continue in force on and after the effective date of this constitution; all rights, obligations and liabilities arising under the existing law shall continue to exist on and after the effective date of this constitution and shall be recognized, exercised and enforced accordingly. any right, obligation or liability expressly acquired on behalf of the people of the republic of the marshall islands acting through their elected representatives shall become, on and after the effective date of this constitution, a right, obligation or liability of the government of the republic. nothing in paragraphs (1) and (2) of this section shall affect the extent to which any right, obligation or liability of the administering authority, or of the government of the trust territory of the pacific islands or of the marshall islands district of the trust territory shall become, on and after the effective date of this constitution, a right, obligation or liability of the government of the republic. section 2. municipal councils every municipal council, whether chartered or not, existing immediately before the effective date of this constitution shall be a local government for the purpose of article ix. section 3. transition to government under this constitution notwithstanding any other provision in this constitution, and only for so long as their terms require, this constitution shall have effect subject to any transitional provisions either made as described in section 5 of this article by the republic of the marshall islands nitijela, or made as described in section 7 of this article by or pursuant to resolution of the constitutional convention, for the purpose of enabling any institution or officer of the government of the marshall islands district of the trust territory of the pacific islands to function, as from the effective date of this constitution, as an institution or officer of the government of the republic, or for the purpose of otherwise enabling this constitution to function in an orderly manner as from its effective date. section 4. conformity with the trusteeship agreement notwithstanding any other provision in this constitution, and only for so long as the trusteeship agreement extends to the republic of the marshall islands as part of the law of the republic, this constitution shall have effect subject to any transitional provisions made as described in section 5 of this article by the marshall islands nitijela for the purpose of enabling the government of the republic under this constitution to be conducted in conformity with the trusteeship agreement. section 5. provisions made by the republic of the marshall islands nitijela for all or any of the purposes referred to in section 3 or section 4 of this article, the applicable transitional provisions shall be those made, before the effective date of this constitution, by act of the legislature of the marshall islands district of the trustee territory of the pacific, known as the marshall islands nitijela, confirmed by order of the secretary of the interior of the united states. section 6. implementation of a compact of free association with the united states for the purpose of achieving consistency between this constitution and any provision of a compact of free association between the government of the republic of the marshall islands and the government of the united states, and only for so long as that provision is in force, this constitution shall have effect, notwithstanding any of its other provisions, subject to such provisions for that purpose as may be made by act and be duly certified by the speaker as having been approved by a majority of the votes validly cast in any plebiscite in which the people of the republic also approve that compact of free association. section 7. residual responsibility of the constitutional convention if at any time before the effective date of this constitution transitional provisions for all or any of the purposes referred to in section 3 of this article are adopted by or pursuant to a resolution of the constitutional convention, in the exercise of its responsibility to make adequate provision for the exercise of governmental functions, those transitional provisions shall have effect for all intents and purposes as part of this constitution, and shall prevail over any inconsistent provision made as described in section 5 of this article. article xiv. general section 1. definitions in this constitution, unless the context otherwise requires "child" includes adoptive child; "constitutional convention", in relation to article xiii, means the constitutional convention by which this constitution was adopted; and, in relation to article xii, has the meaning assigned to it in that article; "customary law" means any custom having the force of law in the republic of the marshall islands; and includes any act declaring the customary law; "debt charges" include interest, sinking fund charges, the repayment or amortization of debt, and all expenditure in connection with the raising of loans on the security of the revenues of the republic or the general fund, and the service and redemption of the debt thereby created; "existing law" means the law in force in the marshall islands immediately before the effective date of this constitution; and includes any legislative or executive instrument having the force of law made or passed before that effective date and coming into force on or after that effective date; "financial year" means the year beginning on 1 october or such other period of twelve months as may be prescribed by act; "general election" means an election of all the members of the nitijela held pursuant to section 12 or section 13 of article iv; "joint committee" means a committee of members of the council of iroij and of the nitijela, acting jointly; "joint conference" means a joint conference between members of the council of iroij and members of the nitijela; "land rights" means any right in any land in the republic under the customary law or any traditional practice; "member of the nitijela" means a person who has been elected to represent any electoral district and is holding office as a member of the nitijela; and, unless the context otherwise requires, every reference in this constitution to a member of the nitijela shall, during any period between dissolution of the nitijela and the first meeting of the nitijela after a general election, be read as a reference to a person who was a member of the nitijela immediately before the dissolution; "municipal ordinance" means any ordinance duly enacted before the effective date of this constitution by any municipality in the republic, in exercise of powers granted under the laws of the trust territory of the pacific islands; "parent" includes adoptive parent; "president elect" means the member of the nitijela who has been elected to the office of president pursuant to section 3 of article v, in the period between that election and the time when he is either appointed to office or his election ceases to have effect, pursuant to section 4 of article v; "qualified voter" means a person having the right to vote in any electoral district at an election of a member or members of the nitijela; "total membership" in relation to the nitijela, means the total number of members of the nitijela provided for in or pursuant to section 2 of article iv; "vote of no confidence" means a motion of no confidence in the cabinet made, voted upon and carried by a majority of the total membership of the nitijela. section 2. persons performing the functions of an office a reference to the holder of any office provided for in this constitution includes any person who, for the time being, is performing the functions of that office pursuant to law. section 3. determination of quorum and right to vote in any case where this constitution prescribes the number of the members of any body which shall constitute a quorum, that number shall include the member of that body who is for the time being presiding over its deliberations; and that member shall have the right to vote on any question. section 4. dates, days and periods of time in any case where this constitution prescribes a date, or a means of fixing a day, or a period of time, for the performance of any duty or for the happening of any event or for any other purpose that day, or the last day of that period shall be calculated by excluding the day from which any period of time begins to run; if that date or day or the last day of that period falls on a sunday or a public holiday it shall be deemed to fall on the next day that is not a sunday or a public holiday. in any case where the date or day prescribed by or pursuant to this constitution for any election or for the meeting of any session of the nitijela has passed, and no valid election has been held or no session of the nitijela has met, that election shall be held or that session of the nitijela shall meet as soon thereafter as practicable; and if no other means is provided by or pursuant to this constitution for fixing a new date or day for that election or the meeting of that session of the nitijela, a new date or day may be fixed by the high court. section 5. authentic text the marshallese and english texts of this constitution shall be equally authentic, but in case of difference, the marshallese text shall prevail. section 6. effective date of this constitution subject to the prior approval of this constitution by a majority of the votes validly cast in a referendum, the effective date of this constitution shall be may 1, 1979. preamble in the name of god all-powerful the djiboutian people solemnly proclaim their attachment to the principles of democracy and of the rights of man as they are defined by the universal declaration of the rights of man and by the african charter of the rights of man and of peoples, of which the provisions form an integral part of this constitution. they affirm their determination to establish a state of law and of pluralist democracy guaranteeing the full enjoyment of the individual and collective rights and freedoms as well as the harmonious development of the national community. they affirm their will to cooperate in peace and amity with all peoples who share their ideals of liberty, of justice and of solidarity, on the basis of mutual respect, of national sovereignty and of territorial integrity. title i. of the state and of sovereignty article 1 islam is the religion of the state the state of djibouti is a democratic, sovereign, one and indivisible republic. it assures to all equality before the law without distinction of language, of origin, of race, of sex or of religion. it respects all beliefs. its motto is "unité egalité paix" (unity equality –peace). its principle is government of the people, by the people and for the people. its official languages are arabic and french. article 2 the capital of the state is djibouti. the emblem of the republic is the blue, green and white flag bearing a red star of five points. the law determines the anthem and the seal of the republic. article 3 the republic of djibouti as composed of the entirety of the persons that it recognizes as members and who have accepted the duties, without distinction of language, of race, of sex or of religion. the national sovereignty belongs to the djiboutian people who exercise it through their representatives or by way of referendum. no fraction of the people nor any individual may arrogate the exercise of it. no one may be arbitrarily deprived of the status of member of the national community. article 4 the popular legitimacy is the foundation and the source of all power. it is expressed by universal, equal and secret suffrage. the executive power and legislative power shall proceed from universal suffrage or from the instances elected through it. article 5 all the djiboutian nationals of majority, of both sexes, enjoying their civil and political rights are electors within the conditions determined by the law. article 6 the political parties and/or groups of political parties concur in the expression of suffrage. they form and exercise their activities freely within respect for the constitution, and for the principles of national sovereignty and of democracy. it is forbidden to them to identify themselves to a race, to an ethnicity, to a sex, to a religion, to a sect, to a language or to a region. the formalities concerning the administrative declaration of the political parties and/or groups, and to the exercise and to the cessation of their activities are determined by the law. article 7 the institutions of the republic are: the executive power, the legislative power, the judicial power. each of these powers assumes the full and entire responsibility of its prerogatives and attributions within such conditions that the continuity and regular functioning of the republican institutions shall be assured. article 8 the institutions of the republic must permit the normal and regular exercise of popular sovereignty and guarantee the full expression of the public rights and freedoms. article 9 the institutions must permit the participation of the republic in regional and international organizations, with respect for sovereignty, for the edification of peace and of international justice and the economic, cultural and social development of peoples. title ii. of the rights and duties of the human person article 10 the human person is sacred. the state has the obligation to respect it and to protect it. all human beings are equal before the law. no one may be condemned to the penalty of death. every individual has the right to life, to the liberty, to the security and to the integrity of his person. no one may be prosecuted, arrested, inculpated or condemned except by virtue of a law promulgated prior to the acts of which he is accused. all accused persons are presumed innocent until their culpability has been established by the competent jurisdiction. the right to a defense, and including that of assistance by the attorney of one's own choice, is guaranteed at all the stages of the procedure. any person made the object of a measure deprivative of his liberty has the right to be examined by a doctor of his choice. no one may be detained in a penal establishment except on an order delivered by a magistrate of the judicial order. article 11 every person has the right to the freedom of thought, of conscience, of religion, of worship and of opinion within respect for the order established by the law and the regulations. article 12 the right to property is guaranteed by this constitution. it may not be infringed except in the case of public necessity legally established, under reserve of a just and prior indemnity. the domicile is inviolable. it may only be subjected to intrusions or searches in the forms and conditions specified by the law. the measures infringing the inviolability of the domicile or circumventing it may only be taken to respond to a collective danger or to protect persons in peril of death. article 13 the secrecy of correspondence and of all other means of communication is inviolable. restriction of this inviolability may only be ordered in application of the law. article 14 all the citizens of the republic have the right to move themselves and to establish themselves freely on the entire extent of the republic. this right may only be limited by the law. no one may be submitted to preventative measures, except in the cases specified by the law. article 15 each has the right to express and to disseminate freely their opinions by word, pen, and image. these rights may be limited by prescriptions in the law and in respect for the honor of others. all the citizens have the right to constitute associations and trade unions freely, under reserve of conforming to the formalities ordered in the laws and regulations. the right to strike is recognized. it is exercised within the framework of the laws which govern it. it may in no case infringe the freedom to work. article 16 no one may be submitted to torture, or to inhuman, cruel, degrading or humiliating actions or treatment. any individual, any agent of the state, or any public authority rendered culpable of such acts, either on their own initiative, or on instruction, shall be punished in accordance with the law. article 17 the defense of the nation and of the integrity of the republic is a sacred duty for every djiboutian citizen. article 18 any foreigner who is found regularly on the national territory enjoys, for his person and for his assets, the protection of the law. article 19 the state protects the legitimate rights and interests of the djiboutian citizens abroad. article 20 the authority of the state is exercised by: the president of the republic and his government, the national assembly, the judicial power. title iii. of the executive power article 21 the executive power is assured by the president of the republic who is also head of the government. article 22 the president of the republic is the head of state. he incarnates the national unity and assures the continuity of the state. he is the guarantor of the national security, of the national independence, of the territorial integrity and of the respect for the constitution, and for the international treaties and agreements. article 23 any candidate to the functions of president of the republic must be of djiboutian nationality, to the exclusion of any other, enjoy their civil and political rights and be forty years of age at least, and of seventy-five years at most on the date of the deposit of his candidature. article 24 the president of the republic is elected for five years by direct universal suffrage and by majority ballot in two rounds. he is re-eligible under the conditions specified in article 23. article 25 the presidential elections take place thirty days at least and forty days at most before the expiration of the mandate of the president in office. article 26 the law establishes the conditions of eligibility and of presentation of the candidatures, of the procedures of conducting of the ballot and of proclamation of the results. it also specifies all the provisions required so that the elections shall be free and regular. article 27 the president of the republic is elected with the absolute majority of the suffrage expressed. if this is not obtained at the first round, it proceeds in a time of fifteen days to a second round. this second round is open solely to the two candidates who have received the greatest number of votes. if one of the two candidates desists, the ballot remains open to the candidate ranking next in the order of suffrage expressed. if, in the seven days preceding the deadline of deposit of the candidatures, one of the persons having, less than thirty days before this date, publicly announced their decision to be a candidate, dies or is found to be incapacitated, the constitutional council can decide to postpone the election. if, before the first round, one of the candidates dies or is found to be incapacitated, the constitutional council orders the postponement of the election. in the case of death or of incapacity of one of the two candidates most favored in the first round, before any eventual withdrawals, or that of one of the two candidates remaining following any such withdrawals, the constitutional council can decide on the repetition of the whole of the electoral operations. the convocation of the electors is made by decree taken in the council of ministers. the constitutional council controls the regularity of these operations, decides on the complaints, and proclaims the results of the ballot. article 28 when the president of the republic is prevented in a temporary fashion from fulfilling his functions, his interim is assured by the prime minister. article 29 in case of vacancy of the presidency of the republic, for any cause that may be, or of definitive incapacity determined by the constitutional council, referred to the matter by the prime minister or by the president of the national assembly, the interim is assured by the president of the supreme court, who may not be a candidate for the presidency during the interim. during this interim, the government may not be dissolved or adjusted. equally, it may not proceed to any modification or dissolution of the republican institutions. the election of the new president takes place thirty days at least and forty-five days at most after the official determination of the vacancy or the definitive character of the incapacity. article 30 the president of the republic determines and conducts the policy of the nation. he exercises regulatory power. article 31 the president of the republic can address messages to the nation. article 32 the president of the republic is the supreme head of the armies. he appoints the titular officers of the grand commands and the heads of the corps. he confers the decorations of the republic. he exercises the right of pardon. article 33 the president of the republic can, after consultation of the president of the national assembly and of the president of the constitutional council, submit any bill of law to referendum. article 34 the president of the republic promulgates the laws adopted by the national assembly in a time of fifteen days counting from their transmission, if he does not formulate any demand for a second reading by the said assembly. he is responsible for their execution. article 35 the president of the republic refers the constitutional council to a matter when he deems that a law is contrary to this constitution. article 36 the president of the republic sees to the execution of the decisions of justice. article 37 the president of the republic appoints and accredits the diplomatic and consular representatives and the extraordinary envoys to the foreign powers. the ambassadors and the extraordinary envoys of the foreign powers are accredited to him. article 38 the law establishes the benefits accorded to the president of the republic and organizes the modalities of concession of a pension to the former presidents. article 39 when the institutions of the republic, the independence of the nation, the integrity of its territory or the execution of its international engagements are threatened in a grave and immediate manner and when the regular functioning of the public powers is interrupted, the president of the republic can, after the advice of the president of the national assembly and of the president of the constitutional council and having informed the nation by a message, take any measure tending to re-establish the regular functioning of the public powers and to assure the safeguarding of the nation, with the exception of a constitutional revision. the national assembly convenes of plain right. it is referred to the matter, for ratification, within fifteen days of their promulgation, of measures of legislative nature brought into force by the president. these measures become lapsed if the bill of ratification is not deposited with the bureau of the national assembly within the specified time. the ratification, if it is refused by the national assembly, does not have retroactive effect. article 40 the president of the republic is assisted, in the exercise of his functions, by a government of which the prime minister and the ministers are members of plain right. the government is charged to assist and to be of counsel to the president of the republic in the exercise of his functions. the president of the republic designates the prime minister, and on proposal by him, appoints the other members of the government. he establishes their attributions and terminates their functions. the prime minister implements the policy of the president of the republic, coordinates and animates the action of the government. the members of the government are responsible before the president of the republic. article 41 the president of the republic presides over the council of ministers. it deliberates obligatorily on: the decisions determining the general policy of the state; the bills of law; the appointments to the superior offices of the state of which the list is established by virtue of a law adopted by the national assembly. article 42 the president of the republic can delegate certain of his functions to the prime minister, to the ministers and to the high functionaries of the administration, within the framework of their respective attributions. article 43 the functions of president of the republic and of member of the government are incompatible with the exercise of any parliamentary mandate, of any public office and of any professional activity. title iv. of the legislative power article 44 the parliament is constituted by a single assembly, called the national assembly, of which the members carry the title of deputies. article 45 the deputies to the national assembly are elected for five years by direct and secret universal suffrage. they are re-eligible. all djiboutian citizens, enjoying their civil and political rights, twenty-three years of age or more, are eligible. article 46 the following may not be elected members of the national assembly during the exercise of their functions: the president of the republic, the prefects and sub-prefects, the secretaries-general of the government and the ministers, the magistrates, the controllers of the state, and the inspectors of labor and education, the members of the armed forces and of the national force of security, article 47 an organic law determines the number of deputies, their indemnities, the conditions of eligibility, the regime of ineligibilities and incompatibilities, the modalities of the ballot, and the conditions in which there is reason to organize new elections in case of vacancy of seats of deputies. the constitutional council decides in case of dispute concerning the regularity of the election of the deputies and concerning their eligibility. article 48 each deputy is the representative of the nation. any imperative mandate is null. an organic law may authorize, exceptionally, the delegation of the vote. in such case no one may receive the delegation of more than one mandate. article 49 the national assembly is composed of the entirety of the representatives of the national community. article 50 the members of the national assembly enjoy parliamentary immunity. no deputy may be prosecuted, investigated, arrested, detained or judged for reason of the opinions or votes emitted by him in the exercise of his functions. no deputy may, during the time of the sessions, be prosecuted or arrested, in a criminal or correctional matter except in the case of flagrante delicto, without the authorization of the national assembly. no deputy may, outside the sessions, be arrested without the authorization of the bureau of the national assembly, except in the case of flagrante delicto, of authorized prosecution or of definitive condemnation. the detention or the prosecution of a deputy is suspended if the national assembly requires it. article 51 the national assembly meets of plain right in two ordinary sittings per year. the first ordinary commences on march 1 and the second begins on october 1. the duration of each ordinary session is of four months. the bureau of the national assembly may however decide to prolong it by a period that shall not exceed fifteen days to permit the consideration of proposals of law of parliamentary origin which could not be taken up in the course of the ordinary session. the sittings of the national assembly are public. the complete record of the debates in public sittings is published in the journal officiel. however, the national assembly can meet in closed sittings according to the modalities provided for by the internal regulations. the law of finance of the year is considered in the course of the second ordinary session, called the budgetary session. article 52 the national assembly can be reunited in extraordinary session on a specific agenda at the demand of the president of the republic, of the president of the national assembly or at the demand of the absolute majority of the deputies. the duration of an extraordinary session may not exceed fifteen days. the national assembly recesses once the agenda is exhausted. article 53 the president of the national assembly is elected for the duration of the legislature. article 54 the national assembly establishes its internal regulations. the internal regulations determine: the composition, and the rules of functioning of the bureau as well as the powers and prerogatives of its president; the number, mode of designation, the composition, the role and the competence of its permanent commissions, as well as that of those which are special and temporary; the creation of parliamentary commissions of inquiry within the framework of the control of the action of the government; the procedure of interpellation of the government; the regime of discipline of the deputies; the organization of the administrative services placed under the authority of the president of the national assembly, assisted by an administrative secretary general; the different modes of the ballot, with the exception of those expressly specified in this constitution; in a general manner, all the rules having for their object the functioning of the national assembly within the framework of its constitutional competence. title v. of the relations between the legislative power and the executive power article 55 the national assembly exercises the legislative power. it alone votes the law by simple majority, under reserve of the provisions of article 67. article 56 the laws establishes the rules concerning: the organization of the public powers; the distribution of the competences between the state and the local collectivities as well as the creation of offices, of public establishments, and of national companies or enterprises; the enjoyment and the exercise of the civil and civic rights, nationality, the estate and the security of persons, the organization of the family, the regime of property and of inheritance and of the law of obligations; the fundamental guarantees accorded to the citizens for the exercise of their public freedoms and the requirements imposed by the national defense; the electoral regime; the fundamental guarantees accorded to the civil and military functionaries; the determination of crimes and misdemeanors and the penalties applicable to them, the criminal procedure, amnesty, the judicial organization, the status of judges, of the ministerial officers and of the juridical and judiciary professions and the organization of the prison regime; the general principles of education; the fundamental principles of the right to work, of the syndical right and of social security; the basis, rates and the modalities of collecting taxes of any nature; the regime of issuance of money, of credit, and of banks and of insurance. article 57 the matters other than those that are of the domain of the law by virtue of this constitution belong to the regulatory power. the texts of legislative form intervening in these matters can be modified by decree if the constitutional council, at the demand of the president of the republic, declares that they have a regulatory character by virtue of the preceding paragraph. article 58 the initiative of law belongs concurrently to the president of the republic and to the members of the national assembly. the president of the republic and the deputies have the right of amendment. article 59 the proposals, bills and amendments which are not of the domain of the law are irreceivable. the irreceivability is declared by the president of the national assembly after the deliberation of the bureau. in case of dispute, the constitutional council, referred to the matter by the president of the national assembly or the president of the republic decides in a time of twenty days. article 60 the government periodically renders account on its activity action and its management to the national assembly. the national assembly has for the exercise of its rights of information and control, the following means: oral or written questions; parliamentary commissions of inquiry; interpellation of the government; the annual debate on the state of the nation. one sitting per two weeks is reserved by priority to the questions of the deputies to the members of the government. the procedure of interpellation of the government or of one or of several ministers may only intervene at the initiative of at least ten deputies. it is made the object of a special sitting, on a date established by the bureau of the assembly. the debate can be followed by a vote of the assembly on the resolution proposed by the authors of the interpellation. at the opening of each session, the prime minister makes a report to the assembly on the situation of the country, the achievements of the government and the grand orientations of the governmental policy. his presentation is followed by a debate. the internal regulations of the national assembly specify the conditions for the implementation of these different procedures. article 61 the declaration of war is authorized by the national assembly meeting specially to this effect. the president of the republic informs the nation of it by a message. the state of siege and the state of urgency are decreed in the council of ministers. the prolongation of the state of siege or the state of urgency beyond fifteen days may not be authorized without the prior consent of the national assembly. article 62 the peace treaties, the commercial treaties, the treaties or agreements concerning international organizations, the which treaties engage the finances of the state, those which concern the status of persons, and those which involve cession, exchange or acquisition of territory may only be ratified or approved by virtue of a law. the ratification or the approval of an international engagement containing a clause contrary to the provisions of this constitution may intervene only after the revision of it. no cession, no acquisition of territory is valid without the consent of the people who decide by means of referendum. article 63 the president of the republic can, on his demand, be heard by the national assembly or address messages to it. these communications do not give rise to any debate in his presence. article 64 the members of the government have access to the sittings of the national assembly. they are heard at the demand of a deputy, of a commission or at their own demand. article 65 the laws of finance determine the receipts and the expenditures of the state. the regulatory laws control the execution of the laws of finance, under reserve of subsequent auditing of the accounts of the nation by the court of accounts. the program laws establish the objectives of the economic and social action of the state. article 66 the laws to which constitution confers the character of organic laws may only be adopted with the absolute majority of members of the national assembly, and may only be promulgated after declaration by the constitutional council of their conformity with the constitution. article 67 the agenda of the assembly is established by the conference of presidents composed of the president of the assembly, of the vice presidents of the bureau, of the presidents of the parliamentary groups, of the presidents of the commissions and of the rapporteur-general of the commission of finance. a representative of the government participates in the work of this conference. only texts arising from its competence by virtue of article 57 may be included in the agenda of the national assembly. the agenda includes, by priority and in the order that the government has established, the discussion of the bills of law and of the proposals of law that it has accepted. it may not be modified. urgency is of right when it is demanded by the government. article 68 the proposals of law and amendments which would have for an effect, if they were adopted, either a diminution of the public resources, or an increase of the public obligations without a concurrent reduction of other expenses or creation of new receipts of equal amount , are irreceivable. article 69 the law of finance determines the resources and the obligations of the state. the national assembly is referred to the matter of the bill of the law of finance of the year (budget of the state) from the opening of the ordinary session preceding the budgetary period and in any case before 15 november. the bill of the law of finance must provide for the receipts necessary for complete coverage of the expenditures. the bill of the law of finance is voted at the latest in first reading within the time of thirty-five days following its deposit. in case of rejection or amendment, a second reading can be demanded. if the budget is not voted before 1 january, the president of the republic is authorized to re-implement the budget for the previous year by provisional twelfths. the budget may only be adopted in plenary session. title vi. international treaties, conventions and agreements article. 70 the president of the republic negotiates and approves the treaties and international conventions, which are submitted to the ratification of the national assembly. the treaties or agreements regularly ratified have, on their publication, an authority superior to that of the laws under reserve, for each agreement or treaty, to its application by the other party and of its conformity with the relevant provisions of the law of treaties. without prejudice to the previous paragraph, the ratification or the approval of an international engagement containing a clause contrary to the relevant provisions of the constitution may intervene only after the revision of it. title vii. of the judicial power article 71 the judicial power is independent of the legislative power and the executive power. it is exercised by the supreme court, the court of accounts and the other courts and tribunals. the court of accounts is the jurisdiction of control of the public finances. article 72 the judicial power sees to respect for the rights and freedoms defined by this constitution. the judge is only obedient to the law. within the framework of his mission, he is protected against any form of pressure of such nature as to be prejudicial to his free arbitration. the presiding magistrates are not removable. article 73 the president of the republic is the guarantor of the independence of the magistrature. he is assisted by the superior council of the magistrature, which he presides over. the superior council of the magistrature sees to the management of the career of the magistrates and gives its opinion on any question concerning the independence of the magistrature. it decides as a council of discipline concerning the magistrates. an organic law establishes the composition, the functioning and the attributions of the superior council of the magistrature as well as the status of the magistrates, with respect for the principles contained in this constitution. article 74 no one may be arbitrarily detained. the judicial power, guardian of individual liberty, assures the respect for this principle under the conditions provided by the law. title viii. of the constitutional council article 75 the constitutional council sees to respect for the constitutional principles. it controls the constitutionality of the laws. it guarantees the fundamental rights of the human person and the public freedoms. it is the regulatory organ of the functioning of the institutions and of the activity of the public powers. article 76 the constitutional council consists of six members having a mandate lasting eight years and which is not renewable. they are designated as follows: two appointed by the president of the republic; two appointed by the president of the national assembly; two appointed by the superior council of the magistrature. it is renewed by half every four years. the president of the constitutional council is appointed by the president of the republic from among its members. he has the deciding vote in case of a tie. the former presidents of the republic are members of right of the constitutional council. the members of the constitutional council enjoy the immunity accorded to the members of the national assembly. the members of the constitutional council must be thirty years of age at least and be chosen principally from among the jurists of experience. article 77 the constitutional council sees to the regularity of all the elections and of the operations of referendum and proclaims the results of them. it examines the complaints and decides on them. the constitutional council is referred to the matter in case of dispute concerning the validity of an election by any candidate or any political party. article 78 the organic laws, before their promulgation, and the internal regulations of the national assembly, before their implementation, must be submitted to the constitutional council which decides on their conformity with the constitution. article 79 to the same end, the laws may be deferred to the constitutional council before their promulgation by the president of the republic, the president of the national assembly or ten deputies. the referral to the matter of the constitutional council by the president of the republic must intervene within the six days following the transmission that is made to him of the law definitively adopted; the referral to the matter by the president of the national assembly or the deputies must intervene within the time of six days from the definitive adoption of the law. in the cases provided for by the two preceding paragraphs, the constitutional council must decide within a time of one month. however, at the demand of the president of the republic, if there is urgency, this period is reduced to eight days. in these same cases, the referral to the matter of the constitutional council suspends the time of promulgation. a provision declared unconstitutional may not be promulgated or implemented. article 80 the provisions of law which concern the fundamental rights recognized to any person by the constitution may be submitted to the constitutional council by way of pleadings if it involves an instance in course before a jurisdiction. the pleadings of unconstitutionality may be raised by any plaintiff before any jurisdiction. the jurisdiction referred to the matter must then suspend its decision and transmit the matter to the supreme court. the supreme court has a time of one month to reject the exception if it is not founded on a serious issue or, in the contrary case, refers the matter to the constitutional council, which decides in the time of one month. a provision judged unconstitutional on the basis of this article ceases to be applicable and will no longer be applied in procedures. article 81 the decisions of the constitutional council establish authority concerning the matter judged. they are not susceptible to any recourse. they are imposed on the public powers, on all the administrative and jurisdictional authorities as well as on all physical or moral persons. article 82 an organic law determines the rules of organization and of functioning of the constitutional council as well as the procedure to be followed before it. this organic law equally establishes the modalities of application of article 80. title ix. of the high court of justice article 83 a high court of justice is instituted. it is composed of members designated by the national assembly at each general renewal. it elects its president from among its members. an organic law establishes its composition, the rules of its functioning as well as the procedure applicable before it. article 84 the high court of justice is competent to judge the president of the republic and the ministers accused before it by the national assembly. the president of the republic is not responsible for the acts accomplished in the exercise of his functions except in the case of high treason. the members of the government are criminally responsible for the acts accomplished in the exercise of their functions and qualified as crimes or misdemeanors at the moment they were committed. the accusation is voted by public ballot with the majority of two-thirds of the deputies composing the national assembly. the high court of justice is bound by the definition of crimes and misdemeanors, as well as by the determination of the resultant penalties, specified in the criminal laws in force at the time of the acts cited in the proceedings. title x. of the territorial collectivities article 85 the territorial collectivities are moral persons of public law which enjoy administrative and financial autonomy. the territorial collectivities are the regions, the communes and the other territorial collectivities of specific status. article 86 the territorial collectivities are administered freely by councils with a view to development and of promotion of the local and regional interests. article 87 the mission, the organization, the functioning and the financing regime of the territorial collectivities are determined by an organic law. article 88 in the territorial collectivities, the delegate of government has the responsibility for the national interests, of administrative control a posteriori and of respect for the laws. title xi. of the mediator of the republic article 89 an organ denominated the mediator of the republic is constituted. he is appointed by the president of the republic for a time of five (5) years which is not renewable. he is not removable. he enjoys immunity in the exercise of his functions. article 90 the status, the attributions, the organization and the functioning of the mediator of the republic are established by an organic law. title xii. of the revision of the constitution article 91 the initiative of revision of the constitution belongs concurrently to the president of the republic and to the deputies. for it to be discussed, any parliamentary proposal for revision must be signed by one-third at least of the members of the national assembly. the bill or proposal of revision must be voted with the majority of members of the national assembly, and only becomes definitive after having been approved by referendum with the simple majority of the suffrage expressed. nevertheless, the referendum procedure may be avoided on the decision of the president of the republic; in this case, the bill or proposal of revision is only approved if it is adopted with the majority of two-thirds of the members composing the national assembly. article 92 no procedure of revision may be undertaken if it questions the existence of the state or infringes the integrity of the territory, of the republican form of the government or of the pluralist character of djiboutian democracy. title xiii. of final and transitory provisions article 93 this constitution will be submitted to referendum. it will be registered and published, in french and in arabic, in the official gazette of the republic of djibouti, the text in french will prevail. article 94 the present constitution will enter into force and will be executed as the constitution of the republic within the thirty days of its approval by referendum. the establishment of the institutions provided for in this constitution shall begin at the latest two months after its approval, and shall be completed eight months after that. article 95 the provisions necessary for application of this constitution shall be the object of laws voted by the national assembly. article 96 the legislation in force remains applicable to the extent that it is not contrary to this constitution or where it is not the object of a specific abrogation. article 97 the authorities established in the republic of djibouti shall continue to exercise their functions and the current institutions are maintained until the establishment of the new authorities and institutions. the senate shall be instituted when all the conditions necessary for its creation are met. the provisions for, the organization and the functioning of the senate shall be established by an organic law. preamble the central african people proud of their national unity, linguistic [unity] and of their ethnic, cultural and religious diversity which contribute to the enrichment of their personality; convinced of the urgent necessity to preserve the national unity, social cohesion and the peace, guarantees [gages] of economic and social progress; animated by the desire to assure to man his dignity within respect for the principle of "zo kwe zo" declared by the founding father of the central african republic, barthélemy boganda; conscious that only the persistent work as well as the rational, rigorous and transparent management of public affairs [chose] and of the environment can assure a harmonious and durable development; resolved, in accordance with international law, to preserve and to defend the integrity of the territory of the central african republic as well as its inalienable right to the full exercise of sovereignty on its soil, its subsoil and its airspace; determined to proscribe any familial, clanish, patrimonial and partisan administration [gestion] of public affairs [chose]; resolved to build a state of law founded on a pluralistic democracy, the respect for the separation and the equilibrium of the powers to [en vue de] guarantee the security of persons and of property [biens], the protection of the most weak, notably vulnerable persons, the minorities, and the full exercise of the fundamental freedoms and rights; convinced that universal suffrage is the sole source of the legitimacy of public power; firmly opposed to the conquest of power by force and by any form of dictatorship and oppression, as well as any act of division and maintenance of hatred; conscious that tolerance, inclusion, consultation and dialogue constitute the foundation [socle] of peace and of national unity; convinced that only a state of law can guarantee the protection of the rights of man; conscious that the representation of all the regions in the public institutions must be a permanent preoccupation of the authorities of the state; convinced of the necessity for political, economic and social african integration at the subregional and regional levels; desirous to forge ties of amity with all peoples on the basis of the principles of equality, of solidarity, of reciprocal interests and of mutual respect of national sovereignty as well as of territorial integrity; reiterating their will to cooperate in peace and amity with all states, to work for the african unity in accordance with the constitutive act of the african union adopted on 12 july 2000, to promote the peaceful regulation of differences between states with respect for justice, for equality, for freedom and for the sovereignty of peoples; reaffirms their adherence to the charter of the organization of the united nations, to the universal declaration of the rights of man of 10 december 1948, to the international pacts of 16 december 1966 concerning economic, social and cultural right on the one hand and civil and political rights on the other; reaffirms its commitment to the african charter of the rights of man and of peoples of 27 june 1981 and to the african charter of the democracy, of the elections and of the governance of 30 june 2007; reaffirms its adherence to all international conventions duly ratified, notably those concerning the prohibition of all forms of discrimination with regard to women, to the protection of the rights of the child and those relative to the autochthonous and tribal peoples; solemnly adopts this constitution, supreme law of the state to which it owes respect, loyalty and fidelity and of which this preamble is [an] integral part. title i. of the fundamental bases of society article 1 the human person is sacred and inviolable. all agents of public authority, [and] any organization, have the absolute obligation to respect it and to protect it. the republic recognizes the existence of the rights of man as the basis for all human community, of peace and of justice in the world. article 2 the republic proclaims respect [for] and the intangible guarantee of the development of the personality. each has the right to the free development of their personality if they neither violate the rights of others, nor infringe the constitutional order. article 3 each has the right to life and to physical and moral integrity. there may not be derogation of this principle except in application of a law. no one may be subjected either to torture, or to rape [viol], or to cruel, inhuman, degrading or humiliating acts or treatment. no one may be arbitrarily arrested or detained. article 4 every defendant is presumed innocent until their culpability has been established following a procedure offering to them the guarantees indisputable for their defense. the rights of defense are exercised freely before all the jurisdictions and the administrations of the republic. no one may be convicted except by virtue of a law [which] had entered into force before the act committed. any person made the object of a measure deprivative of liberty has the right of being examined and treated by a doctor of their choice. article 5 the freedom of the person is inviolable. the freedoms of movement [aller et venir], of residence and of establishment on the whole extent of the territory are guaranteed to all within the conditions established by the law. no one can be forced into exile. the republic guarantees to persecuted persons the right of asylum. no one may be made the object of house arrest, except by virtue of a law. article 6 all human beings are equal before the law without distinction of race, of ethnic origin, of region, of sex, of religion, of political affiliation and of social position. the state assures the reinforced protection of the rights of the minorities, of the autochthonous peoples, and of handicapped persons. the law guarantees to the man and to the woman equal rights in all the domains. in the central african republic one is neither subject [to] nor [has] a privilege of place of birth, of person or of family. article 7 the family constitutes the natural and moral basis of the human community. marriage is the union between a man and a woman. it is organized by the law. the family and marriage are placed under the protection of the state. the state and the other public collectivities have, collectively [ensemble], the duty to see to the physical and moral health of the family and to encourage it socially by the appropriate institutions. the protection of the woman and of the child against violence and insecurity, exploitation and moral, intellectual and physical neglect[,] is an obligation of the state and the other public collectivities. this protection is assured by the appropriate measures and institutions of the state and of the other public collectivities. parents have the natural right and the primordial duty to raise and educate their children so as to develop in them [a] good physical, intellectual and moral aptitude. they are supported in this task by the state and the other public collectivities. children born outside of marriage have the same rights to public assistance as legitimate children. natural children, legally recognized, have the same rights as legitimate children. the state and the other public collectivities have the duty to create the prerequisite [prealable] conditions and the public institutions that guarantee the education of children. article 8 the state guarantees to all the right of access to the establishments of public care as well as the benefit of adequate medical treatments provided by professionals trained and endowed with the necessary equipment. the private establishments of care may be opened with the authorization of he state and within the conditions established by the law. they are placed under the control of the services of the state and/or of the territorial collectivities. the state may, when the circumstances so demand and in view of the protection of the public health, take temporary measures of control, of prevention and even of restriction of the freedoms. article 9 each has the right of access to sources of knowledge. the state guarantees to any citizen access to instruction, to culture, and to professional training [formation]. education and instruction must be provided to youth by public or private establishments. private establishments may be opened with the authorization of the state, within the conditions established by the law. they are placed under the control of the state. parents have the obligation to provide education and instruction to their children until the age of sixteen (16) years at least. the state and other public collectivities have the obligation to create and to assure the good functioning of the public establishments for the education and the instruction of youth. education is gratuitous in the public establishments at the various [divers] levels of education. article 10 the freedom of conscience, of assembly, [and] of religion and of beliefs [cultes] are guaranteed to all within the conditions established by the law. any form of religious fundamentalism [intégrisme] and intolerance is prohibited. article 11 the republic guarantees to every citizen the right to work, to a healthy environment, to rest and to recreation within the conditions established by the law. it assures to them the conditions favorable for their development through an efficient policy of employment. all citizens are equal concerning employment. no one may be discriminated against in their work or their employment because of their origin, of their sex, of their opinions or of their beliefs. all workers participate, through the intermediary of their representatives, in the determination of working conditions. the laws establish the conditions of assistance and of protection accorded to workers, and most particularly to the most young, to the most elderly, to the handicapped and to the minorities. article 12 the syndical right is guaranteed and is exercised freely within the framework of the laws which regulate it. any worker can affiliate with the union of their choice and defend their rights and interests through trade union action. the right to strike is guaranteed and is exercised within the framework of the laws which regulate it and may, in no case, infringe either the freedom to work, or the free exercise of the right of property [propriété]. article 13 the freedom of enterprise is guaranteed within the framework of the laws and regulations in force. article 14 all citizens have the right to freely constitute associations, groups, societies and political parties in accordance with the texts in force. the associations, the groups, the societies and the political parties of which the activities are contrary to the public order as well as to the unity and to the cohesion of the central african people[,] are prohibited. article 15 the freedom to inform, to express and to disseminate one's opinions by speech, the pen and the image and any other means of communication under reserve of respect for the rights of others, is guaranteed individually and collectively. the freedom of the press is recognized and guaranteed. it is exercised within the conditions established by the law. the exercise of this freedom and the equal access for all to the media of the state are assured by an independent organ, endowed with the power of regulation and of decision[,] the status of which is established by the law. the state guarantees the freedom of peaceful demonstration. article 16 the secrecy of correspondence as well as that of postal, electronic, telegraphic and telephonic communications[,] are inviolable. restrictions on the above provisions may only be ordered in application of a law. article 17 the freedom of intellectual, artistic and cultural creation is recognized and guaranteed. it is exercised within the conditions established by the law. article 18 any physical or juridical [morale] person has the right to property. no one may be deprived of his property, except for cause of public utility legally declared and under the condition of a just and prior indemnification. the right to property may not be exercised contrarily to public utility, social [utility], or in a manner to prejudice the security, the freedom, the existence or the property of others. article 19 the domicile is inviolable. it may only be infringed by a decision of justice and, if there is a danger in the dwelling, by the other authorities designated by the law, responsible for its execution in the forms prescribed by it. the measures infringing the inviolability of the domicile or restricting it will be taken to guard against a public danger or to protect persons in peril. these measures may be taken in application of the law to protect the public order against imminent threats, notably to combat the risks of epidemic, of fire or to protect persons in danger. the property and the assets of persons as well as the patrimony of the nation are inviolable. the state and territorial collectivities as well as all citizens must protect them. article 20 all citizens are equal concerning [devant] public responsibilities [charges] and in particular concerning taxes [impôt] that only the law may, within the conditions provided for by this constitution, create and assess. they support, in all solidarity, the responsibilities resulting from natural calamities or [from] endemic, epidemic or incurable diseases. article 21 an individual [who is a] victim of violation of the provisions of articles 1 to 20 of this title has the right to reparation. article 22 the defense of the fatherland and is a duty for every citizen. military or civil service is obligatory and is exercised within the conditions established by the law. article 23 any person living in the national territory has the duty to respect, in all circumstances, the constitution, the laws and regulations of the republic. title ii. of the state and of sovereignty article 24 the form of the state is the republic. the central african state has for its name: république centrafricaine [central african republic]. the central african republic is a state of law, unitary, sovereign, indivisible, secular and democratic. it recognizes and protects the traditional values in accordance with the law and the customary authorities. its capital is bangui. it can only be transferred by virtue of a law, when the superior interest of the nation requires it. its national language is sango. its official languages are sango and french. its emblem is the flag of five (5) colors having four (4) horizontal bands of equal width of blue, white, green and yellow color, crossed perpendicularly in their middle [milieu], by a band of equal width of red color and struck in the superior left quadrant by a star of five (5) points of yellow color. its motto is: unité dignité travail [unity dignity work]. its anthem is la renaissance. its national day is established as 1st december, the date of the proclamation of the republic. its currency is defined by the law. the seal of the state and the coat-of-arms of the republic are defined by the law. article 25 the principles of the republic are: government of the people, by the people and for the people; the separation of the state and of religion; national unity; social peace; social justice; national solidarity; good governance; social and economic development. article 26 national sovereignty belongs to the people who exercise it by way [voie] of referendum or by the intermediary of their representatives. no part [fraction] of the people nor any individual may arrogate its exercise, or alienate it. the eligible institutions, responsible for [chargées de] directing the state, have their power from the people by way of [par voie d'] elections, by direct or indirect universal suffrage article 27 the forces of defense and of security are at the service of the nation. they are composed exclusively of central african citizens. they are professional, multi-ethnic, republican and non-partisan. the forces of defense have as their mission to guarantee the integrity of the territory, as well as the security of the populations, against any foreign, or internal aggression or menace; within respect for the constitutional provisions and the laws. the national forces of security have as their mission to defend the authority of the law and to guarantee the security of the persons and of the assets. the statutes [statuts] of the forces of defense and of security are incompatible with political status [statut]. the organic laws determine the respective organization and the functioning of the forces of defense and of security article 28 the usurpation of sovereignty by coup d'état, rebellion, mutiny or any other non-democratic process [procédé] constitutes an imprescriptible crime against the central african people. any person or any third estate [etat tiers] performing such acts will have declared war on the central african people. any physical or juridical person that organizes actions of support, diffuses or have diffuse declarations to support a coup d'état, a rebellion or an attempted to take the power by mutiny or by any other means, is considered as co-author. the authors, co-authors and accomplices of the acts referred to in paragraphs 1 and 2 are interdicted from all public functions in the institutions of the state. article 29 in the case of a coup d'état, of aggression by a third state or by mercenaries, the authorities enabled by the constitution have the right and the duty of recourse to all means to reestablish constitutional legitimacy, including the recourse to the agreements of military cooperation or defense [cooperation] in force. in these circumstances, every citizen or group of citizens has the right and the duty to organize themselves in a peaceful manner, to defeat [faire échec] the illegitimate authority. article 30 central africans of the two (2) sexes, aged eighteen (18) years of age and enjoying their civil rights, are electors within the conditions determined by the law. the vote is a civic duty. suffrage may be direct or indirect within the conditions specified by the constitution. it is always universal, equal and secret. article 31 the political parties or groups concur in the expression of suffrage, [and] to the animation of the political, economic and social life. they freely form and exercise their activities. they are required to promote and to respect the principles of democracy, of unity and of national sovereignty, of the rights of man, of the secularity and the republican form of the state, in accordance with the laws and regulations in force. it is prohibited to them to identify themselves with a race, an ethnicity, a gender, a religion, a sect, a language, a region or an armed group. the political parties must respect the principles of representation of gender and of regions specified by the law. a law determines the conditions of their formation, of their functioning, of their funding [financement] of their control and of their dissolution. title iii. of the executive power article 32 the executive power is composed of the president of the republic and of the government. the president of the republic is the head of the executive. the prime minister is the head of government. chapter 1. of the president of the republic article 33 the president of the republic is the head of state. he incarnates and symbolizes the national unity. he sees to the respect for the constitution. he assures, through his arbitration, the regular functioning of the public powers as well as the continuity and the sustainability [pérennité] of the state. he is the guarantor of the national independence, of the integrity of the territory, [and] of respect for the agreements and treaties. he establishes the grand orientations of the policy of the nation. he appoints the prime minister, head of government and terminates his functions. on proposal of the prime minister, he appoints the other members of the government and terminates their functions. he is the head of the executive. as such, he convenes [réunit] and presides over the council of ministers. in it he establishes the agenda in advance and in it he registers the decisions [made]. he sees to the execution of the laws. he promulgates the laws, [and] signs the ordinances and the decrees. he is the supreme head of the armies. he is responsible for the national defense. he presides over the superior council and committee of national defense. he is the guarantor of the independence of the judicial power. he presides over superior council of the magistrature, the consultative commission of the council of state and the conference of presidents and of procurator general [procureur général] of the court of accounts. he sees to the execution of the decisions of justice. he exercises the right of pardon. he has authority over all the public and parastatal [parapublic] administrations of the state and sees to their neutrality. he appoints to the civil and military functions, with the exception of those for which the law provides otherwise. he negotiates, signs, ratifies and denounces the international treaties and agreements. he accredits the ambassadors and the envoys to foreign heads of state. the foreign ambassadors and envoys are accredited to him. he confers the honorific distinctions of the republic. article 34 the function of president of the republic is incompatible with the exercise of any other political function, of any other elective mandate, [and] of any lucrative activity. during his mandate, the president of the republic may not by himself or though a third party, purchase or take a lease on an asset belonging to the domain of the state and of the territorial collectivities, without previous authorization of the plenary assembly of the court of cassation within the conditions established by the law. he may not take part, by himself or through a third party, in public or private markets on behalf of the administrations or institutions arising from [the domain] of the state and of the local collectivities or subject to their control. in the case of violation of the provisions of this article, the president of the republic can be removed according to the procedure specified in article 125 below. article 35 the president of the republic is elected by universal direct suffrage and by secret majority ballot, in two (2) rounds. the duration of the mandate of the president of the republic is of five (5) years. the mandate is renewable one sole time. in no case, may the president of the republic exercise more than two (02) consecutive mandates or extend it for whatever motive that may be. article 36 only men and women fulfilling the following conditions can be candidates to presidential election: to be of central african nationality; to be aged thirty-five (35) years at least [on] the day of the deposit of the dossier of the candidature; to have a property built on the national territory; to have resided in the national territory for at least one (1) year; to not have been the object of a sentence to an afflictive or defamatory penalty; enjoying their civil rights; enjoying good mental and physical health; to be of good morals. the election of the new president takes place forty-five (45) days at least and ninety (90) days at most before the termination of mandate of the president in office [exercice]. article 37 the results of the presidential election are proclaimed by the constitutional court fifteen (15) days at the latest after the provisional publication by the national authority of elections. the investiture, by the constitutional court, of the president-elect takes place within a time period of forty-five (45) days at most after the court has dealt with [any] electoral disputes. in case of the death or of disability within that time period, the provisions of article 47 below are applied. article 38 when he enters into his functions, standing, visibly, his left hand resting on the constitution and the right hand raised, the president of the republic takes the following [ci-aprs] oath, in sango, then in french, before the constitutional court sitting in solemn audience: "i ........, swear before god and before the nation to observe the constitution scrupulously, to guarantee the independence and the sustainability of the republic, to safeguard the integrity of the territory, to preserve the peace, to consolidate the national unity, to assure the well-being of the central african people, to fulfill conscientiously the duties of my office without any consideration of ethnic, regional, or religious order, of never exercising the powers conferred upon me by the constitution for personal ends nor to revise the number and the duration of my mandate and in all [matters] only to be guided by the national interest and dignity of the central african people". article 39 within the thirty (30) days which precede the taking of the oath, the newly elected president of the republic makes a written declaration of his patrimony[,] deposited at the office [greffe] of the constitutional court[,] which is rendered public within eight (8) working days. within the thirty (30) days which precede the cessation of his functions the president of the republic renews the declaration of his patrimony within the conditions specified in the paragraph above. a law determines the nature of the sanctions and the penalties applicable for the non-declaration or for the false declaration of the patrimony. article 40 the president of the republic promulgates the laws within the fifteen (15) days which follow the definitive adoption of the text by the parliament. this time period is reduced to five (5) days in case of urgency declared by the parliament. in default of promulgation within the required time periods, the law enters into force either automatically after declaration by the constitutional court or by referral to the parliament. he can[,] nevertheless, before the expiration of this time period, demand of the parliament a new deliberation of the law or of certain of its provisions. this demand must be substantiated and the new deliberation may not be refused. it intervenes obligatorily in the course of the same session. the adoption, unchanged [en l'etat], of the text submitted to this new deliberation may only intervene with the qualified majority of two-thirds (2/3) of the members who compose each of the two chambers of the parliament. the president of the republic promulgates this law within the month which follows the close of the parliamentary session. article 41 when the circumstances require it, the president of the republic can submit to referendum, after [the] opinion of the council of ministers, [of] that of the bureau the national assembly, [of] that of the bureau of the senate and [of] that of the president of the constitutional court, any bill of law, or before its promulgation, any law already voted by the parliament. the text adopted by the people as a result of the referendum is promulgated within a time period of fifteen (15) days. article 42 as an exception, for a limited time period and for the execution of a specific program, the president of republic can demand of the parliament the authorization to take, by ordinances, the measures which are normally of the domain of the law. the ordinances are adopted in the council of ministers after [the] opinion of the council of state. they enter into force on their publication but become lapsed if they have not been ratified at the expiration of the time period specified in the enabling law. at the expiration of this time period, the ordinances, when they have been ratified, may only be modified by the law in those matters which are of the legislative domain. article 43 when the institutions of the republic, the independence of the nation, the integrity of the territory, the execution of international commitments or the normal functioning of the public powers are threatened in a grave and immediate manner, the president of the republic, after [the] opinion of the council of ministers, of the president of the national assembly, of the president of the senate and of the president of the constitutional court, takes the measures required by the circumstances with the view to establish the public order, the integrity of the territory and the regular functioning of the public powers. the nation is informed by the message of the president of the republic of his decision to implement or to discontinue the application of this article. when he exercises [dispose] exceptional powers, the president of the republic may not revise or suspend all or part of the constitution, or dissolve the national assembly. during the exercise of exceptional powers, the parliament meets of plain right. it is referred[,] for ratification, within the fifteen (15) working days [following] their promulgation, to [the matter] of the measures of legislative nature taken by the president of the republic. these measures will become lapsed if the bill of law of ratification is not deposited with the bureau of the national assembly within the said time period. the parliament can adopt them, amend them, or reject them in the vote on the law of ratification. the application of exceptional powers by the president of the republic must, in no case, compromise either the national sovereignty or the territorial integrity. article 44 the president of the republic can, when the circumstances require it, after [the] opinion of the council of ministers, of the bureau of the national assembly, the bureau of the senate and of the president of the constitutional court, declare the state of siege or the state of urgency for a period of fifteen (15) days. this time period may only be extended by the national assembly, convened in extraordinary session with or without [a] quorum. article 45 the president of the republic communicates with the parliament, either directly or by [a] message he has read. these communications do not give rise to any debate or vote. out of session, the national assembly meets specially to this effect. article 46 the president of the republic can, after consultation of the council of ministers, of the bureau of the national assembly, the bureau of the senate and of the president of the constitutional court, declare the dissolution of the national assembly. the legislative elections then take place forty-five (45) days at least and ninety (90) days at most after the dissolution. each chamber of the parliament meets of plain right within the month which follows its election. in the case of dissolution of the national assembly, the president of the republic may not legislate. it may not proceed to more than one dissolution during the duration of a presidential mandate. article 47 the vacancy of the presidency of the republic is only created [ouverte] by the death, the resignation, the removal, [or] the conviction of the president or by his definitive incapacity to exercise his functions in accordance with the duties of his office [charge]. any case of definitive incapacity or of illness, which places the president of the republic in the absolute impossibility of exercising his functions, must be confirmed [constaté] by a special committee presided over by the president of the constitutional court and including the president of the national assembly, the president of the senate and the prime minister, head of government. the special committee, referred to [the matter] by the government, decides with the absolute majority of its members, by decision taken after [the] separate and substantiated opinion of three doctors, designated by the national council of the order of doctors, dental surgeons, and pharmacists [conseil nationale de l'ordre des médecins, chirurgiens-dentistes et pharmaciens] and obligatorily including the personal physician of the president of the republic. in [the] case of death, a report [constat] must be established by the special committee specified [visé] in paragraph 2 of this article, by decision taken after [the] separate and substantiated opinion of three doctors, designated by the national council of the order of doctors, dental surgeons, and pharmacists [conseil nationale de l'ordre des médecins, chirurgiens-dentistes et pharmaciens] and obligatorily including the personal physician of the president of the republic. in [the] case of conviction, the decision that is pronounced is transmitted by the president of the concerned jurisdiction to the president of the constitutional court[,] who informs the president of the national assembly as well as the president of the senate by letter and the nation by message[,] of it. in [the] case of resignation, the president of the republic notifies his decision by letter to president of the constitutional court and informs the nation by message. the ballot for the election of the new president must intervene forty-five (45) days at least and ninety (90) days at most after the creation [ouverture] or the determination of the vacancy. the person exercising the functions of the president of the republic provisionally cannot be a candidate at this election. in [the] case of resignation, of dismissal, of definitive incapacity or of death, the president of the republic is substituted by the president of the national assembly. in the hypothetical [case] where [the president of the national assembly] will be himself in one of the above cases, the substitution is assured by the president of the senate. the substitute is required to organize, within forty-five (45) days at least and ninety (90) days at most, the election of the new president of the republic. during the period of the substitution, the provisions of articles 33 to 46 above, are not applicable. the interim president of the republic may not modify, either the constitution, or the composition of the government. he may not have recourse to the referendum. article 48 in case of temporary absence or incapacity of the president of the republic, the prime minister, head of government, assures the substitution. in case of temporary absence or incapacity of the president of the republic and of the prime minister, head of government, the president of the republic establishes by decree the attributions of one of the ministers charged to assure the substitution by virtue of an express delegation. article 49 with the exception of those concerning the domains reserved [to] the head of state provided for in articles 33, 40, 41, 42, 43, 44, 45, 46, 90, 91, 92 and 99, the acts of the president of the republic are countersigned by the prime minister and, the case arising, by the ministers given the charge of their execution. the absence of the countersignature may result in the nullity of these acts. article 50 the law establishes the benefits granted to the president of the republic and organizes the modalities of granting of a pension to the former presidents of the republic enjoying their civil rights. chapter 2. of the government article 51 the government consists of the prime minister, head of government[,] and the ministers. article 52 the prime minister, head of government, determines and conducts the policy of the nation, of which the grand orientations are established by the president of the republic, head of state, in accordance with article 33 paragraph 5 above. the prime minister, head of government, directs [dispose] the administration and appoints to specific civil offices [emplois] determined by the law. he assures the execution of the laws. he presides over the councils of the cabinet and [of] the inter-ministerial committees [comités interministériels]. the regulatory acts of the prime minister, head of government, are countersigned by the ministers given the charge their execution. the absence of [the] countersignature may result in the nullity of these acts. article 53 the prime minister, head of government, is responsible before the president of the republic and before the national assembly. the functions of the prime minister are terminated by the president of the republic, following a motion of censure adopted with the majority of two-thirds (2/3) of the deputies composing the national assembly. article 54 after the appointment of the members of the government, the prime minister, head of government, within a time period of sixty (60) days, presents [présente] himself to the national assembly and presents [expose] his program and general policy. on this occasion, the prime minister, head of government must demand a vote confidence of the national assembly. the confidence is accorded or refused by the absolute majority of the deputies. in case the time period of sixty (60) days is not respected, article 53 paragraph 2 above is applied. article 55 the prime minister, head of government, can, after deliberation by the council of ministers, engage the responsibility of the government before the national assembly on the vote of a text. in this case, the text is considered as adopted, unless if a motion of censure deposited within the twenty-four (24) hours which follow, is voted within the conditions established in article 53 above. article 56 the prime minister, head of government, can delegate certain of his powers to the ministers. the interim of the prime minister, head of government, is assured by a member of government following the order of precedence. article 57 the functions of member of government are not combinable [cumulables] with those of member of the parliament, of member of the economic and social council, of member of the national council of mediation, of member of the high council of communication, of member of the national authority of elections, of member of the high authority responsible for good governance, of any function of professional representation, of any salaried employment and of any lucrative activity. at the end of the governmental mission, the titular [members] may reintegrate their function during the mandate in course. a law establishes the conditions under which the replacement of the titular [person] of such mandates, functions or employment is provided for. article 58 before the entry into their functions, the prime minister and the members of the government make, each in [regard] to what concerns him, a written declaration of [their] patrimony, deposited at the office of the constitutional court, which renders it public within eight (8) working days. counting from the cessation of their functions, the prime minister and the members of the government renew, each in [regard] to what concerns him, the declaration of their patrimony within the conditions specified in paragraph 1 above. article 59 within their respective domains of competence, the ministers are heard by the national assembly or the senate on the oral or written questions posed by the deputies or the senators. article 60 the government examines, in the council of ministers, the bills of law before their deposit with the bureau of each chamber of the parliament. it is consulted for [its] opinion on the proposals of law. the government has the obligation to previously obtain the authorization of the national assembly before the signature of any contract relative to natural resources as well as financial conventions. it is required to publish the said [ledit] contract within the eight (8) working days following its signature. article 61 the national assembly can, by the vote of a motion of censure, engage [mettre en cause] the responsibility of the government. it obligatorily carries the title "motion of censure" and must be signed by one-third (1/3) of the members who compose the national assembly. the motion of censure signed, is remitted to the president of the national assembly who notifies the government of it without delay. the vote [vote] on the motion of censure intervenes within the forty-eight (48) hours which follow its deposit. the vote [scrutin] takes place by a secret ballot [bulletin] and with the majority of two-thirds (2/3) of the members who compose the national assembly. article 62 when the national assembly adopts a motion of censure or when it disapproves the program or a declaration of general policy of the government, the prime minister must remit, without delay, to the president of the republic, the resignation of his government. title iv. of the legislative power article 63 the legislative power is exercised by a parliament that includes two (2) chambers: the national assembly; the senate. the parliament legislates and controls the action of the government. article 64 the chambers of the parliament meet on the same dates: in ordinary sessions, at the convocation of the bureaus of the national assembly and of the senate after consultation with the president of the republic; in extraordinary sessions, at the demand of the president of the republic or of the third of the members composing one or the other chamber. however, the two chambers are only convoked simultaneously if the matters brought to the agenda concern both [l'une et l'autre]. article 65 the two chambers of the parliament may meet in congress, at the demand of the president of the republic to: hear a communication or receive a message from the president of the republic; decide on a bill or a proposal of constitutional revision. when the parliament meets in congress, the bureau of the national assembly presides over the debates. article 66 within the thirty (30) days that follow the installation of the parliament, the deputy and the senator make, each in [regard] to what concerns him, a written declaration of [their] patrimony, deposited at the office of the constitutional court which renders it public within eight (8) working days. within the thirty (30) days that precede the ceasing of their functions, the deputy and the senator renew, each in [regard] to what concerns him, the declaration of their patrimonies within the conditions specified in the paragraph above. article 67 the members of the parliament enjoy parliamentary immunity. consequently, no parliamentarian may be prosecuted, investigated or arrested, detained or judged on the occasion of the opinions or votes emitted by them in the exercise of their functions. during the sessions, a parliamentarian may only be prosecuted or arrested in a correctional matter, with the authorization of the national assembly or of the senate[,] granted by vote by secret ballot[,] with the absolute majority of the members who compose the chamber concerned. out of session, a parliamentarian may only be prosecuted or arrested with the authorization of the bureau of the national assembly or of the bureau of the senate. this authorization may be suspended if the national assembly or the senate so decides with the absolute majority. the parliamentarian caught in fragrante delicto or in flight[,] after the commission of criminal acts or misdemeanors, can be prosecuted and arrested without the authorization of the national assembly, of the senate or of their bureaus. the prosecution of a parliamentarian is suspended until the end of his mandate, except in cases of the lifting of parliamentary immunity, if the chamber concerned requires it by vote with the absolute majority of the members who compose it. the parliamentarian who is made the object of a definitive criminal conviction is removed [radié] from the list of parliamentarians within the conditions established by the organic law relative to each chamber. a law determines the number of deputies and senators, the electoral regime of the national assembly and of the senate as well as the regime of the immunities, of the ineligibilities, of the incompatibilities, of the pensions, of the indemnities, of the conditions of their replacement in case of vacancy of seat and of the privileges of the members of the parliament. chapter 1. of the national assembly article 68 the central african people elect, by direct universal suffrage for a mandate of five (5) years, citizens who constitute the national assembly and who have the title of deputy. each deputy is the elect [élu] of the nation. the mandate of a deputy can only be shortened by dissolution of the national assembly or by the resignation, the removal [radiation] or the disqualification of the said deputy. article 69 the national assembly elects its president for the duration of the legislature within the first eight (8) days of its installation. the other members of the bureau are elected each year. article 70 the president of the national assembly can be the made the object of [the] procedure of dismissal for breach [manquement] of the duties of his responsibility [charge] on the substantiated demand of one-third (1/3) of the deputies. the dismissal is only declared if the vote receives the majority of two-thirds (2/3) of the deputies composing the national assembly. the national assembly then proceeds to elect a new president within the three (3) working days which follow that dismissal. the vote takes place by secret ballot [bulletin]. article 71 the right to vote of the deputies is personal. the internal regulations of the national assembly may, exceptionally, authorize the delegation of [the] vote in a specific [précis] case. no one may receive more than one [such] mandate. any imperative mandate is null. article 72 the national assembly establishes, itself, its rules of organization and of functioning under the form of [a] law concerning [loi portant] internal regulations. these can only enter into force after having been recognized as conforming to the constitution by the constitutional court. chapter 2. of the senate article 73 the central african people elect, by indirect universal suffrage for a mandate of five (5) years, citizens who constitute the senate and who have the title of senator. each senator is the representative of the territorial collectivities of the republic. the mandate of a senator can only be shortened by dissolution of the national assembly or by the resignation, the removal [radiation], the disqualification or death. article 74 the senate elects its president for the duration of the legislature within the first eight (8) days of its installation. the other members of the bureau are elected each year. the president of the senate can be the made the object of [the] procedure of dismissal for breach [manquement] of the duties of his responsibility [charge] on the substantiated demand of one-third (1/3) of the senators. the dismissal is only declared if the vote receives the majority of two-thirds (2/3) of the members composing the senate. the senate then proceeds to elect a new president within the three (3) working days which follow that dismissal. the vote takes place by secret ballot [bulletin]. article 75 the right to vote of the senators is personal. the internal regulations of the senate may, exceptionally, authorize the delegation of [the] vote in a specific [précis] case. no one may receive more than one [such] mandate. any imperative mandate is null. article 76 the senate establishes its rules of organization and functioning under the form of [a] law concerning [loi portant] internal regulations. these can only enter into force after having been recognized as conforming to the constitution by the constitutional court. chapter 3. of the powers of the parliament article 77 the parliament votes the law, raises taxes and controls the action of government within the conditions established by this constitution. the parliament regulates the accounts of the nation. it is, to this effect, assisted by the court of accounts. the parliament can charge [charger] the court of accounts [with] any inquiry and study reporting on the execution of the budget or on the management of the national treasury and of the public monies [deniers]. article 78 the parliament is solely enabled to authorize the declaration of war. it meets specially to this effect. the president of the republic informs the nation of it by a message. article 79 the parliament decides on the bills of law deposited with the bureau of each chamber by the government or on the proposals of law deposited by the members of the parliament. article 80 [the following] are of the domain of the law: the rules concerning the following matters: the fundamental principles: of the regime of property, [and] of civil and commercial rights and obligations; of education, of culture, of scientific, technical and technological research and of vocational training; of the right of assembly and of peaceful demonstration; of the right to petition; of health and of public health; of insurance, of cooperatives, of savings and of credit; of the decentralization and of regionalization; of the administration of the territorial collectivities; of the general organization of the national defense; of the general organization of justice and of the penitentiary regime; of the right to work, of the syndical right and of social security and of the regime of pensions. article 81 the matters other than those which are of the domain of the law arise in [relvent] the regulatory domain. article 82 the laws of finance determine the nature, the amount and the allocation [affectation] of the resources and of the expenditures of the state for a specific fiscal year [exercice] taking account of an economic and financial balance that they define. the laws of finance are obligatorily voted before the end of the fiscal year in progress. if the law of finance establishing the resources and the expenditures for a fiscal year has not been adopted in a timely fashion by the government, it may demand of urgency of the parliament the adoption of a law continuing by [portant] provisional twelfths the law of finance of the preceding fiscal year. deposited by the government at the opening of the second ordinary session and at the latest the 15th september, the budget is ordered by a law identified as of finance, before the commencement of the new fiscal year. this law may only include provisions of financial order. any disposition of amendment to the bill of the law of finance must be substantiated and accompanied by the developments of the means which justify it. the amendments deposited by the parliamentarians are irreceivable when they have the effect of leading to a diminution of resources not offset [compensée] by economies[,] or an augmentation in the expenses [charges] of the state which would not be covered by an equivalent augmentation of resources. the president of the national assembly and the president of the senate, after consultation of the bureaus of the two chambers, determine this irreceivability. if the government demands it, the parliament decides on all or part of the bill of the law of finance retaining in it only the amendments accepted by the government. the government is required to deposit with the bureaus of the parliament at the first ordinary session, the bill of law of regulation of the preceding fiscal year. chapter 4. of the relations between the executive power and the legislative power article 83 the initiative of law belongs concurrently to the government and to the parliament. the proposals of law are deposited at the same time with the bureaus of the national assembly and of the senate and transmitted to the government for [its] opinion. the government is required to give its opinion forty-five (45) days at the latest from the date of reception. after this time period, the parliament examines the proposal of law. article 84 the bills and proposals of law are deposited at the same time with the bureaus of the national assembly and of the senate. they are examined by the competent commissions before their discussion in plenary sitting. the bill of law examined in plenary sitting is the text deposited by the government. article 85 the texts adopted by the national assembly are immediately transmitted to the president of the senate by the president of the national assembly. the president of the senate, upon reception of the transmitted texts, submits them to deliberation of the senate. the senate, within a time period of ten (10) days counting from the reception of the texts or within a time period of five (5) days for the texts for which the government declares urgency, may adopt the text. in this case, the president of the senate returns the adopted text to the president of the national assembly who transmits it to the president of the republic for purposes of promulgation. the senate may eventually make [apporter] amendments to the text, by the simple majority of its members. in this case, the amended text is returned to the national assembly by the president of the senate for a new examination. the amendments proposed by the senate are adopted or rejected by the simple majority of the deputies. the text definitely adopted is transmitted by the president of the national assembly to the president of the republic for promulgation. the texts of law adopted by the national assembly may be rejected in whole or [in] part by the senate. the rejection must be approved by an absolute majority of the senators. in this case, the text in discussion [en cause] accompanied by the exposition of the motives of the rejection, is returned by the president of the senate to the national assembly for a new examination. the national assembly, after deliberation, adopts the text by an absolute majority of the deputies. the text definitely adopted by the national assembly is transmitted to the president of the republic for promulgation. in the case of absence of an absolute majority, the president of the republic can provoke the meeting of a mixed joint commission responsible for proposing a common text on the provisions rejected by the senate. the text elaborated by the mixed joint commission is submitted by the president of the republic for approval to the two chambers. no amendment is receivable, except with agreement of the president of the republic. if the mixed joint commission does not reach the adoption of a common text, or if that text is not adopted by one or the other chamber, the president of the republic can: either demand of the national assembly to definitely decide; or declare the bill or the proposal of law lapsed. article 86 the president of the republic promulgates the laws adopted by the parliament within a time period of fifteen (15) days counting from their transmission, if he does not formulate any demand for [a] second reading or if he does not refer [the matter] to the constitutional court. at the end of this time period, and after having declared the omission [carence], paragraph 2 of article 40 above is applied. the publication of the laws is effected in the journal officiel de la républic [official gazette of the republic]. article 87 the prime minister and the other members of the government have access to the parliament, [and] to its commissions and may participate in the debates. they are heard when they formulate the demand. they may be assisted by collaborators designated by them. article 88 the prime minister may, after deliberation of the council of ministers, engage before the national assembly, the responsibility of the government on a program or, the case arising, on a declaration of general policy. the vote may not intervene less than forty-eight (48) hours after the question of confidence [question de confiance]. confidence is refused by the absolute majority of the deputies. solely the votes favorable to the question of confidence are counted [recensés]. the national assembly may accuse the responsibility of the government through the vote of a motion of censure. to be receivable, the motion of censure must be signed by at least one-third (1/3) of the deputies. the vote may not intervene less than forty-eight (48) hours after the deposit of the motion of censure. the motion of censure is adopted by a majority of two-thirds (2/3) of the deputies. solely the votes favorable to the motion of censure are counted. in the case of rejection of the motion of censure, the signatories may not deposit a new one before the time period of one year, except in the case specified in paragraph 3 above. the prime minister may, after deliberation of the council of ministers, engage before the national assembly, the responsibility of the government through the vote of a text. in this case, the text is considered as adopted except if a motion of censure deposited within the following twenty-four (24) hours is voted within the conditions specified in the paragraph above. when the national assembly adopts a motion of censure or refuses confidence to the government, the prime minister remits to the president of the republic the resignation of the government. article 89 the means of information, [and] of control and of action of the parliament on the government are: the question of confidence; the oral question with or without debate; the written question; the hearing [audition] in commissions; the commission of inquiry and of control; the interpellation. the motion of censure. solely the national assembly may exercise the question of confidence or the motion of censure. the law determines the conditions of organization and of functioning of the commissions of inquiry and as well as the powers of the commissions of inquiry and of control. the government, under reserve of the imperatives of the national defense, of the security of the state, or of the secrecy of judicial information, provides the information to the parliament. in the course of each ordinary session, one sitting per week is reserved by priority to the questions of the members of the parliament and to the responses of the government. article 90 the president of the republic, after the consultation of the president of the constitutional court, of the president of the national assembly and of the president of the senate, may submit to referendum any bill of reform, which although it arises within the domain of the law, should be susceptible to having profound repercussions for the future of the nation and the national institutions. it would be so notably, for the bills of law relative to: the organization of the public powers or the revision of the constitution; the ratification of the international agreements or of the treaties presenting, by their consequences, a particular importance; the reform of the status of the persons and of the regime of assets. a law determines the procedure of the referendum. title v. of the international agreements and treaties article 91 the president of the republic negotiates, signs, ratifies and revokes [dénonce] the international treaties and agreements. the ratification or the revocation may only intervene after the authorization of the parliament, notably in that which concerns the peace treaties, the defense treaties, the commercial treaties, the treaties concerning the environment and the natural resources or agreements concerning international organization, those which engage the finances of the state, those which modify the provisions of a legislative nature, those which concern the status of persons and the rights of man, [and] those which involve cession, exchange or addition of territory. no cession, no exchange [or] no addition of territory is valid without the consent of the central african people called to decide on it by means [voie] of referendum. the law determines the international agreements [that] dispense with the procedure of ratification. the president of the republic and the parliament are informed of any negotiations tending to the conclusion of an international agreement not submitted to ratification. article 92 the president of the republic can, after [a] referendum, conclude with any african state agreements of association or merger [fusion] involving partial or total abandonment of sovereignty in order to realize african unity. he can create with all states intergovernmental organs [organismes] of common [commune] management, of coordination and of free cooperation. article 93 if the constitutional court[,] referred to [the matter] by the president of the republic, by the president of the national assembly, by the president of the senate or by one-third (1/3) of the deputies, has declared that a international commitment includes a clause contrary to the constitution, the authorization to ratify or to approve the international commitment in question can only intervene after the revision of the constitution. article 94 the agreements or treaties regularly ratified or approved have, on their publication, an authority superior to that of the laws, under reserve, for each agreement or treaty, of its application by the other party. title vi. of the constitutional court article 95 the constitutional court is the highest jurisdiction of the state in constitutional matters. it is given the charge: to judge the constitutionality of the organic and ordinary laws, already promulgated or simply voted, of the regulations as well as of the internal regulations of the national assembly and of the senate; to take cognizance of electoral disputes; to see to the regularity of the electoral consultations, [and] to examine and to proclaim the definitive results; to see to the regularity of the operations of [the] referendum, to examine the complaints and to proclaim the definitive results; to receive the oath of the president of the republic elected; to determine the conflicts of competence within the executive power, between the legislative and executive powers and between the state and the territorial collectivities; to declare the errors [constater des défauts] of promulgation of the laws definitively voted and the lack of their promulgation in order to permit their entry into force; to interpret the constitution; to give its opinion concerning the bills or proposals of constitutional revision and the procedure of [the] referendum; to receive the declarations of patrimony. article 96 the constitutional court, at the demand of the president of the republic, of the president of the national assembly, of the president of the senate, of the prime minister or of one-quarter (1/4) of the members of each chamber of the parliament, decides concerning the constitutionality of the laws before their promulgation. article 97 the president of the republic, the president of the national assembly, the president of the senate, the prime minister or one-quarter (1/4) of the members of each chamber of the parliament may refer a request for [its] opinion to the constitutional court. article 98 any person can refer the constitutional court to [a matter] on the constitutionality of the laws, either directly, or by the procedure of the pleadings [exception] of unconstitutionality invoked before a jurisdiction in a matter which concerns them. the constitutional court is required to decide within a time period of one month. in the case of urgency, this period is reduced to eight (8) days. when a pleadings of unconstitutionality is raised by a party [justiciable] before a jurisdiction, whatever that [jurisdiction] might be, it is required to suspend its decision and refer [the matter] to the constitutional court which must decide on the constitutionality of the text in dispute [litige] within a time period of one month counting from its referral to [the matter] by the jurisdiction concerned. article 99 the constitutional court consists of nine (9) members including at least four (4) women, who hold the title of constitutional judge. the duration of the mandate of the constitutional judges is of seven (7) years, non-renewable. the members of the constitutional court are designated as follows: two (2) magistrates including one women, elected by their peers; two (2) attorney including one woman, elected by their peers; two (2) [members] of a faculty of law [enseignants-chercheurs de droit] including one woman, elected by their peers; one (1) member appointed by the president of the republic; one (1) member appointed by the president of the national assembly; one (1) member appointed by the president of the senate. they elect, from among themselves, a president from among the jurist members and a vice president. the election is confirmed [entérinée] by decree of the president of the republic. the constitutional judges must have at least ten (10) years of professional experience. the nine (9) members of the constitutional court are renewed in full. article 100 however, in case of death, of resignation or of definitive incapacity of a member, the replacement is provided for following the procedure of designation provided for to this effect. the new member completes [achve] the mandate of their predecessor. article 101 when making a decision, and in case of a tie, that of the president is preponderant. article 102 the members of the constitutional court are irremovable for the duration of their mandate. they cannot be prosecuted or arrested without the authorization of the constitutional court. they take an oath before entering into their functions. article 103 the functions of a member of the constitutional court are incompatible with any political function, administrative [function], or [function] within a political party, any lucrative activity, of any function of professional representation or of any salaried employment, with the exception of teaching and of the exercise of medicine. article 104 before they enter into [their] functions, the members of the constitutional court make, each in that which concerns them, a written statement of [their] patrimony, deposited at the office of the constitutional court, which renders them public within eight (8) working days. within the thirty (30) days that precede the cessation of their functions, the constitutional judges renew, each in that which concerns him, the written declaration of their patrimony within the conditions specified in the paragraph above. article 105 the bills or proposals of constitutional law are referred for [its] opinion to the constitutional court by the president of the republic, the president of the national assembly or the president of the senate before being submitted to vote of the parliament or to referendum. article 106 the decisions of the constitutional court are not susceptible to any recourse. they impose themselves on the public powers, on all the administrative and jurisdictional authorities, and on all physical or juridical persons. any text declared unconstitutional is null and of no effect; it may neither be promulgated nor applied. if it is in force, it is removed from the juridical order [ordonnancement]. an organic law determines the rules of organization and of functioning of the constitutional court. title vii. of the judicial power article 107 justice constitutes a power independent of the legislature power and of the executive power. justice is rendered on the territory of the central african republic in the name of the central african people by the court of cassation, the council of state, the court of accounts, the tribunal of conflicts, [and] the courts and tribunals. article 108 the judges are independent. they are only subject, in the exercise of their functions, to the authority of the law. the presiding magistrates are irremovable. the laws determine the status [statut] of the judges. article 109 the president of the republic is the guarantor of the independence of the judicial power. the superior council of magistrature, the consultative commission of the council of state and the conference of presidents and of the procurator general of the court of accounts, see to the administration [gestion] of the career of the magistrates and to the independence of the magistrature. the organization and the functioning of the superior council of the magistrature, of the consultative commission of the council of state and of the conference of presidents and of the procurator general of the court of accounts are established by organic laws. article 110 the judicial power, guardian of the freedoms and of property, is held to assure respect for the principles consecrated as the fundamental bases of society by this constitution. chapter 1. of the court of cassation article 111 the court of cassation is the highest jurisdiction of the state of the judicial order. article 112 the judges of the court of cassation are governed by their statute [statut] and by the texts concerning the superior council of the magistrature. article 113 the decisions of the court of cassation are not susceptible to any recourse. article 114 the court of cassation gives its opinion on any juridical question that the president of the republic, the president of the national assembly or the president of the senate submits to it. it can also, on its own initiative, bring to [faire porter] the attention of the president of the republic [the] reforms of legislative or regulatory order which it identifies [as] conforming to the general interest. an organic law determines the rules of organization and of functioning of the court of cassation. chapter 2. of the council of state article 115 the council of sate is the highest jurisdiction of the state of the administrative order. article 116 decisions rendered by the council of state are not susceptible to any recourse. article 117 the council gives its opinion on the bills and proposals of law or on the bills of decrees that are submitted to it by the president of the republic, the president of the national assembly or the president of the senate. it equally gives its opinion on every question of law arising within its competence submitted to it by the same authorities. the council of state can on its own initiative, call the attention of the president of the republic, of the president of the national assembly or the president of the senate to the reforms of legislative or regulatory order which arise [relvent] from its competence. an organic law determines the rules of the organization and of functioning of the council of state. a law establishes the status [statut] of judges of the council of state. chapter 3. of the court of accounts article 118 the court of accounts is the jurisdiction competent to judge the accounts of the public accountants, those of the territorial collectivities as well as those of the public enterprises. the judges of the court of accounts are governed by their statute [statut] and the texts concerning the conference of presidents and of the procurator general of the court of accounts. article 119 the decisions of the court of accounts may be referred by way [voie] of cassation to the council of state. an organic law determines the organization and the functioning of the court of accounts. chapter 4. of the tribunal of conflicts article 120 the tribunal of conflicts is a non-permanent joint jurisdiction responsible for taking cognizance of the conflicts of competence between the jurisdictions of the judicial order and those of the administrative order. article 121 the decisions of this jurisdiction have the authority of res judicata [chose jugée]. an organic law determines the rules of organization and of functioning of the tribunal of the conflicts. title viii. of the high court of justice article 122 a non-permanent jurisdiction denominated the high court justice is instituted. it is composed of six (6) magistrates and three (3) deputies and three (3) senators elected by secret ballot by their peers. the president of the high court of justice is elected by the magistrates, the vice president from among the parliamentarians, within the same conditions as specified above. article 123 at the demand of the procurator general, of the national assembly or of the senate by half (1/2) of the members who compose them, the president of the republic refers to the high court of justice the ministers, the deputies and the senators susceptible to be prosecuted for high treason. the decision of impeachment, duly substantiated, is taken by the president of the republic[,] who transmits it to the procurator general at the high court of justice. article 124 the president of the republic is only responsible for acts accomplished in the exercise of his functions in the case of high treason. [the following] are notably considered as crimes of high treason: the violation of the oath [of office]; the political homicides; racketeering [l'affairisme]; the constitution or maintenance of [a] militia; the refusal to endow the forces of defense and of security of the means necessary for the accomplishment of their mission; the violation of article 23 above; the non-establishment of the institutions of the republic within the constitutional time period; any action contrary to the superior interests of the nation. article 125 the demand for impeachment is only receivable if it obtains the signatures of fifty percent (50%) of the deputies who compose the national assembly. the president may only be impeached by the national assembly if the secret ballot collects two-thirds (2/3) [of the votes] of the deputies. the resolution of impeachment, duly substantiated, is transmitted by the president of the national assembly to the procurator general at the high court of justice. however, for the infractions of common law committed before his election or outside of the exercise of his functions, the president of the republic may only be the object of prosecution, before the competent jurisdictions, at the end of his mandate. in this case, the period of prescription [délai de prescription] of the public action is suspended. article 126 during the taking of the decision of the high court of justice, and in case of a tie [vote], that of the president is preponderant. article 127 the decisions rendered by the high court of justice are not susceptible to any recourse. an organic law determines the regulations of organization and of functioning of the high court of justice. title ix. of the territorial collectivities article 128 the central african republic is organized in territorial collectivities on the basis of the principle of decentralization within respect for national unity. the central african state sees to the harmonious development of all the territorial collectivities on the basis of national solidarity, of regional potentials and of interregional equilibrium. article 129 the territorial collectivities of the central african republic are the regions and the communes. any other category of territorial collectivity may only be created and modified by the law. the territorial collectivities administer themselves freely by elected organs and are provided with a regulatory power for the exercise of their competences. in the territorial collectivities of the republic, the representative of the state is the representative of each of the members of the government. they are responsible for the national interests, for administrative control and for respect for the laws. however, that which arises within the domain of the judicial power eludes [échappe] all delegation of power. an organic law determines the modalities of application of this provision. title x. of the economic and social council article 130 the economic and social council is a consultative assembly in economic, social, cultural and environmental matters. the members of the economic and social council have the title of councilor. the economic and social council is obligatorily consulted on any plan or any bill of law of program of action with economic, social, cultural and environmental character. on its own initiative, the economic and social council can formulate recommendations or call [appeler] the attention of the government, of the national assembly or of the senate to reforms that it identifies [as] appropriate on the questions relevant to its competence. article 131 the economic and social council gives its opinion on all proposals and all bills of law, of ordinances and of decrees as well as on all measures necessary for economic, social, cultural and environmental development of the republic, which are submitted to it. it may be given the charge of any study of economic, social, cultural and environmental order. it sees to the harmonious development and equilibrium of all the regions of the republic. article 132 before the entry into [their] functions, the members of the economic and social council make, each in [regard] to what concerns him, a written declaration of [their] patrimony, deposited at the office of the constitutional court, which renders it public within eight (8) working days. within the thirty (30) days preceding the cessation of their functions, the members of the economic and social council renew, each in [regard] to what concerns him, the written declaration of their patrimony within the conditions specified in the paragraph above. an organic law determines the organization, the functioning, [and] the mode of designation of the members of the economic and social council, as well as the duration of their functions. title xi. of the national council of mediation article 133 the national council of mediation [conseil nationale de la médiation] is a permanent organ directed by an independent person, the mediator of the republic. article 134 the national council of mediation has for its mission the amelioration of relations between the citizens and the administration, with a view to protect and to promote the rights of citizens. the national council of mediation is endowed with extensive powers to receive the complaints of citizens and to propose solutions in the matters of prevention, of administration [gestion] and of resolution of conflicts. article 135 before the entry into [their] functions, the members of national council of mediation make, [each] in [regard] to what concerns him, a written declaration of [their] patrimony, deposited at the office of the constitutional court, which renders it public within eight (8) working days. within the thirty (30) days preceding the cessation of their functions, the members of the national council of mediation renew, each in [regard] to what concerns him, the written declaration of their patrimony within the conditions specified in the paragraph above. an organic law determines the composition, the organization and the functioning of the national council of mediation. title xii. of the high council of communication article 136 the high council of communication is independent of any political power, of any political party, of any association or of any pressure group. article 137 the high council of communication is given the charge to assure the exercise of the freedom of expression and the equal access for all to the media, within respect for the laws in force. article 138 the high council of communication is endowed with powers of regulation and of decision. article 139 the high council of communication consists of nine (9) members including at least four (4) women. the members of the high council of communication are designated from among the persons [of distinction] [personnalités] having at least ten (10) years of professional experience in the domains of journalism, of the arts and of culture, of communications, of law [droit] as well as of new technologies of information and of communication. their designation is confirmed by decree of the president of the republic countersigned by the prime minister. the duration of the mandate of the members of the high council of communication is of seven (7) years non-renewable. article 140 the members of the high council of communication elect from within a president among the professional members of the media or of communications, and a vice president. article 141 the functions of member of the high council of communication are incompatible with the exercise of any political function, administrative [function], or [function] within a political party, of any lucrative activity, of any function of professional representation or of any salaried employment, with the exception of teaching and of the exercise of medicine. article 142 before the entry into [their] functions, the members of the high council of communication make, [each] in [regard] to what concerns him, a written declaration of [their] patrimony, deposited at the office of the constitutional court, which renders it public within eight (8) working days. within the thirty (30) days preceding the cessation of their functions, the members of the national council of mediation renew, each in [regard] to what concerns him, the written declaration of their patrimony within the conditions specified in the paragraph above. an organic law determines the composition, the organization and the functioning of the high council of communication and the immunity of its members. title xiii. of the national authority of elections article 143 a national authority of elections [autorité nationale des elections], abbreviated a.n.e.[,] is instituted. article 144 the national authority of elections is a perennial, independent and autonomous organ. the a.n.e. is competent in the matters of general consultations and elections. article 145 before the entry into [their] functions, the members of the national authority of elections make, [each] in [regard] to what concerns him, a written declaration of [their] patrimony, deposited at the office of the constitutional court, which renders it public within eight (8) working days. within the thirty (30) days preceding the cessation of their functions, the members of the national authority of elections renew, each in [regard] to what concerns him, the written declaration of their patrimony within the conditions specified in the paragraph above. an organic law determines the composition, the organization and the functioning of the national authority of elections. title xiv. of the authority responsible for good governance article 146 a high authority responsible for good governance [haute autorité chargée de la bonne gouvernance] is instituted. article 147 the high authority responsible for good governance is an institution independent of any political power, of any political party, of any association or of any pressure group. article 148 it sees to the equitable representation of all the regions of the central african republic within the public and parastatal [parapublic] institutions it sees to proscribing any familial, clanish, patrimonial and partisan administration [gestion] of the public affairs [chose]. it sees equally to the protection of the rights of minorities, of the autochthonous peoples, of handicapped persons as well as of the principle of equality between men and women. article 149 the high authority assures the protection of the national patrimony and transparency in the exploitation and the administration of natural resources. it sees to the equitable redistribution of the profits generated by natural resources. it may call the attention of the public powers in the domains arising within its competence and make appropriate proposals. article 150 before the entry into [their] functions, the members of the high authority responsible for good governance make, each in [regard] to what concerns him, a written declaration of [their] patrimony, deposited at the office of the constitutional court, which renders it public within eight (8) working days. within the thirty (30) days preceding the cessation of their functions, the members of the high authority responsible for good governance renew, each in [regard] to what concerns him, the written declaration of their patrimony within the conditions specified in the paragraph above. an organic law determines the composition, the organization and the functioning of the high authority responsible for good governance. title xv. of revision article 151 the initiative of revision of the constitution belongs concurrently to the president of the republic and to the parliament deciding with the majority of two-thirds (2/3) of the members who compose each chamber. article 152 the revision intervenes when the bill presented in complete form [a l'état] has been voted by the parliament meeting in congress with a majority of three-quarters (3/4) of the members who compose it or has been adopted by referendum. no procedure of revision can be initiated or followed in the case of the vacancy of the presidency of the republic or when it infringes the unity and the integrity of the territory. article 153 expressly excluded from revision are: the republican and secular form of the state; the number and duration of the presidential mandates; the conditions of eligibility; the incompatibilities to the functions of president of the republic; the fundamental rights of the citizen; the provisions of this article. title xvi. of transitory and final provisions article 154 the head of the state of the transition remains in place until the effective taking of [his] function by the president of the republic, head of the state democratically elected. the prime minister, head of the government of transition remains in place until the appointment of his successor by the president democratically elected. the national council of the transition remains in place until the effective installation of the elected national assembly. the constitutional court of the transition remains in place until the effective installation of the constitutional court deriving [issue] from this constitution. the high council of communication of the transition remains in place until the effective installation of the high council of communication deriving from this constitution. article 155 the institutions provided for by this constitution will be put in place within the twelve (12) months that follow the date of the investiture of the president of the republic elected[,] with the exemption of the senate which will be established after the municipal and regional elections. article 156 while awaiting the establishment of the senate, the national assembly exercises the totality of the legislative power. article 157 the legislation resulting from the laws and regulations applicable in the central african state at the date of the coming into force of this constitution, remains in force in their provisions that are not contrary to the stipulations of this [constitution], as long as they have not been modified by [the] legislative or regulatory way [voie]. article 158 the provisions of article 35 of this constitution apply to the mandate of the president of the republic elected under the authority of the constitutional charter of transition of 18 july 2013. he begins in this way the first of the two (2) consecutive mandates specified by article 35 above. article 159 this constitution is adopted by the people through referendum and promulgated by the head of the state of the transition on the day of the investiture of the president of the republic, head of the state, democratically elected. it will be published in the journal officiel [official gazette] and executed as the constitution of the central african republic. preamble we the people of uganda: recalling our history which has been characterised by political and constitutional instability; recognising our struggles against the forces of tyranny, oppression and exploitation; committed to building a better future by establishing a socio-economic and political order through a popular and durable national constitution based on the principles of unity, peace, equality, democracy, freedom, social justice and progress; exercising our sovereign and inalienable right to determine the form of governance for our country, and having fully participated in the constitution-making process; noting that a constituent assembly was established to represent us and to debate the draft constitution prepared by the uganda constitutional commission and to adopt and enact a constitution for uganda: do hereby, in and through this constituent assembly solemnly adopt, enact and give to ourselves and our posterity, this constitution of the republic of uganda, this 22nd day of september, in the year 1995. for god and my country national objectives and directive principles of state policy general i. implementation of objectives the following objectives and principles shall guide all organs and agencies of the state, all citizens, organisations and other bodies and persons in applying or interpreting the constitution or any other law and in taking and implementing any policy decisions for the establishment and promotion of a just, free and democratic society. the president shall report to parliament and the nation at least once a year, all steps taken to ensure the realisation of these policy objectives and principles. political objectives ii. democratic principles the state shall be based on democratic principles which empower and encourage the active participation of all citizens at all levels in their own governance. all the people of uganda shall have access to leadership positions at all levels, subject to the constitution. the state shall be guided by the principle of decentralisation and devolution of governmental functions and powers to the people at appropriate levels where they can best manage and direct their own affairs. the composition of government shall be broadly representative of the national character and social diversity of the country. all political and civic associations aspiring to manage and direct public affairs shall conform to democratic principles in their internal organisations and practice. civic organisations shall retain their autonomy in pursuit of their declared objectives. iii. national unity and stability all organs of state and people of uganda shall work towards the promotion of national unity, peace and stability. every effort shall be made to integrate all the peoples of uganda while at the same time recognising the existence of their ethnic, religious, ideological, political and cultural diversity. everything shall be done to promote a culture of cooperation, understanding, appreciation, tolerance and respect for each other's customs, traditions and beliefs. there shall be established and nurtured institutions and procedures for the resolution of conflicts fairly and peacefully. the state shall provide a peaceful, secure and stable political environment which is necessary for economic development. iv. national sovereignty, independence and territorial integrity the state and citizens of uganda shall at all times defend the independence, sovereignty and territorial integrity of uganda. the state and citizens of uganda shall endeavour to build national strength in political, economic and social spheres to avoid undue dependence on other countries and institutions. the state shall endeavour to mobilise, organise and empower the ugandan people to build independent and sustainable foundations for the development of uganda. protection and promotion of fundamental and other human rights and freedoms v. fundamental and other human rights and freedoms the state shall guarantee and respect institutions which are charged by the state with responsibility for protecting and promoting human rights by providing them with adequate resources to function effectively. the state shall guarantee and respect the independence of non-governmental organisations which protect and promote human rights. vi. gender balance and fair representation of marginalised groups the state shall ensure gender balance and fair representation of marginalised groups on all constitutional and other bodies. vii. protection of the aged the state shall make reasonable provision for the welfare and maintenance of the aged. viii. provision of adequate resources for organs of government the distribution of powers and functions as well as checks and balances provided for in the constitution among various organs and institutions of government shall be supported through the provision of adequate resources for their effective functioning at all levels. ix. the right to development in order to facilitate rapid and equitable development, the state shall encourage private initiative and self-reliance. x. role of the people in development the state shall take all necessary steps to involve the people in the formulation and implementation of development plans and programmes which affect them. xi. role of the state in development the state shall give the highest priority to the enactment of legislation establishing measures that protect and enhance the right of the people to equal opportunities in development. the state shall stimulate agricultural, industrial, technological and scientific development by adopting appropriate policies and the enactment of enabling legislation. in furtherance of social justice, the state may regulate the acquisition, ownership, use and disposition of land and other property, in accordance with the constitution. xii. balanced and equitable development the state shall adopt an integrated and co-ordinated planning approach. the state shall take necessary measures to bring about balanced development of the different areas of uganda and between the rural and urban areas. the state shall take special measures in favour of the development of the least developed areas. xiii. protection of natural resources the state shall protect important natural resources, including land, water, wetlands, minerals, oil fauna and flora on behalf of the people of uganda. social and economic objectives xiv. general social and economic objectives the state shall endeavour to fulfil the fundamental rights of all ugandans to social justice and economic development and shall, in particular, ensure thatall developmental efforts are directed at ensuring the maximum social and cultural well-being of the people; and all ugandans enjoy rights and opportunities and access to education, health services, clean and safe water, work, decent shelter, adequate clothing, food security and pension and retirement benefits. xv. recognition of role of women in society the state shall recognise the significant role that women play in society. xvi. recognition of the dignity of persons with disabilities society and the state shall recognise the right of persons with disabilities to respect and human dignity. xvii. recreation and sports the state shall promote recreation and sports for the citizens of uganda. xviii. educational objectives the state shall promote free and compulsory basic education. the state shall take appropriate measures to afford every citizen equal opportunity to attain the highest educational standard possible. individuals, religious bodies and other non-governmental organisations shall be free to found and operate educational institutions if they comply with the general educational policy of the country and maintain national standards. xix. protection of the family the family is the natural and basic unit of society and is entitled to protection by society and the state. xx. medical services the state shall take all practical measures to ensure the provision of basic medical services to the population. xxi. clean and safe water the state shall take all practical measures to promote a good water management system at all levels. xxii. food security and nutrition the state shalltake appropriate steps to encourage people to grow and store adequate food; establish national food reserves; and encourage and promote proper nutrition through mass education and other appropriate means in order to build a healthy state. xxiii. natural disasters the state shall institute an effective machinery for dealing with any hazard or disaster arising out of natural calamities or any situation resulting in general displacement of people or serious disruption of their normal life. cultural objectives xxiv. cultural objectives cultural and customary values which are consistent with fundamental rights and freedoms, human dignity, democracy, and with the constitution may be developed and incorporated in aspects of ugandan life. the state shallpromote and preserve those cultural values and practices which enhance the dignity and wellbeing of ugandans; encourage the development, preservation and enrichment of all ugandan languages; promote the development of a sign language for the deaf; and encourage the development of a national language or languages. xxv. preservation of public property and heritage the state and citizens shall endeavour to preserve and protect and generally promote, the culture of preservation of public property and uganda's heritage. accountability xxvi. accountability all public offices shall be held in trust for the people. all persons placed in positions of leadership and responsibility shall, in their work, be answerable to the people. all lawful measures shall be taken to expose, combat and eradicate corruption and abuse or misuse of power by those holding political and other public offices. the environment xxvii. the environment the state shall promote sustainable development and public awareness of the need to manage land, air, water resources in a balanced and sustainable manner for the present and future generations. the utilization of the natural resources of uganda shall be managed in such a way as to meet the development and environmental needs of present and future generations of ugandans; and in particular, the state shall take all possible measures to prevent or minimise damage and destruction to land, air and water resources resulting from pollution or other causes. the state shall promote and implement energy policies that will ensure that people's basic needs and those of environmental preservation are met. the state, including local governments, shallcreate and develop parks, reserves and recreation areas and ensure the conservation of natural resources; promote the rational use of natural resources so as to safeguard and protect the bio-diversity of uganda. foreign policy objectives xxviii. foreign policy objectives the foreign policy of uganda shall be based on the principles ofpromotion of the national interest of uganda; respect for international law and treaty obligations; peaceful co-existence and non-alignment; settlement of international disputes by peaceful means; opposition to all forms of domination, racism and other forms of oppression and exploitation. uganda shall actively participate in international and regional organisations that stand for peace and for the well-being and progress of humanity. the state shall promote regional and pan-african cultural, economic and political cooperation and integration. duties of a citizen xxix. duties of a citizen the exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations, and accordingly, it shall be the duty of every citizento be patriotic and loyal to uganda and to promote its well-being; to engage in gainful work for the good of that citizen, the family, the common good and to contribute to national development; to contribute to the well-being of the community where that citizen lives; to promote responsible parenthood; to foster national unity and live in harmony with others; to promote democracy and the rule of law; and to acquaint himself or herself with the provisions of the constitution and to uphold and defend the constitution and the law. chapter 1. the constitution 1. sovereignty of the people all power belongs to the people who shall exercise their sovereignty in accordance with this constitution. without limiting the effect of clause (1) of this article, all authority in the state emanates from the people of uganda; and the people shall be governed through their will and consent. all power and authority of government and its organs derive from this constitution, which in turn derives its authority from the people who consent to be governed in accordance with this constitution. the people shall express their will and consent on who shall govern them and how they should be governed, through regular, free and fair elections of their representatives or through referenda. 2. supremacy of the constitution this constitution is the supreme law of uganda and shall have binding force on all authorities and persons throughout uganda. if any other law or any custom is inconsistent with any of the provisions of this constitution, the constitution shall prevail, and that other law or custom shall, to the extent of the inconsistency, be void. 3. defence of the constitution it is prohibited for any person or group of persons to take or retain control of the government of uganda, except in accordance with the provisions of this constitution. any person who, singly or in concert with others, by any violent or other unlawful means, suspends, overthrows, abrogates or amends this constitution or any part of it or attempts to do any such act, commits the offence of treason and shall be punished according to law. this constitution shall not lose its force and effect even where its observance is interrupted by a government established by the force of arms; and in any case, as soon as the people recover their liberty, its observance shall be re-established and all persons who have taken part in any rebellion or other activity which resulted in the interruption of the observance, shall be tried in accordance with this constitution and other laws consistent with it. all citizens of uganda shall have the right and duty at all timesto defend this constitution, and in particular, to resist any person or group of persons seeking to overthrow the established constitutional order; and to do all in their power to restore this constitution after it has been suspended, overthrown, abrogated or amended contrary to its provisions. any person or group of persons who, as required by clause (4) of this article, resists the suspension, overthrow, abrogation or amendment of this constitution commits no offence. where a person referred to in clause (5) of this article is punished for any act done under that clause, the punishment shall, on the restoration of this constitution, be considered void from the time it was imposed and that person shall be taken to be absolved from all liabilities arising out of the punishment. 4. promotion of public awareness of constitution the state shall promote public awareness of this constitution bytranslating it into ugandan languages and disseminating it as widely as possible; and providing for the teaching of the constitution in all educational institutions and armed forces training institutions and regularly transmitting and publishing programmes through the media generally. chapter 2. the republic 5. the republic of uganda uganda is one sovereign state and a republic. subject to article 178 of this constitution, uganda shall consist ofregions administered by regional governments when districts have agreed to form regions as provided for in this constitution; kampala; and the districts of uganda; as specified in the first schedule to this constitution, and such other districts as may be established in accordance with this constitution or any other law. the territorial boundary of uganda shall be as delineated in the second schedule to this constitution. kampala, located in buganda shall be the capital city for uganda and shall be administered by the central government. the territorial boundary of kampala shall be delineated by act of parliament. parliament shall, by law, make provision for the administration and development of kampala as the capital city. 6. official language the official language of uganda is english. swahili shall be the second official language in uganda to be used in such circumstances as parliament may by law prescribe. subject to this article, any other language may be used as a medium of instruction in schools or other educational institutions or for legislative, administrative or judicial purposes as parliament may by law prescribe. 7. non-adoption of state religion uganda shall not adopt a state religion. 8. national symbols and seals the national flag, the national coat of arms, the public seal, the national anthem and the seals of the courts of judicature in use immediately before the coming into force of this constitution, shall continue to be in use. 8a. national interest uganda shall be governed based on principles of national interest and common good enshrined in the national objectives and directive principles of state policy. parliament shall make relevant laws for purposes of giving full effect to clause (1) of this article. chapter 3. citizenship 9. citizens of uganda every person who, on the commencement of this constitution, is a citizen of uganda shall continue to be such a citizen. 10. citizenship by birth the following persons shall be citizens of uganda by birthevery person born in uganda one of whose parents or grandparents is or was a member of any of the indigenous communities existing and residing within the borders of uganda as at the first day of february, 1926 and set out in the third schedule to this constitution; and every person born in or outside uganda one of whose parents or grandparents was at the time of birth of that person a citizen of uganda by birth. 11. foundlings and adopted children a child of not more than five years of age found in uganda, whose parents are not known, shall be presumed to be a citizen of uganda by birth. a child under the age of eighteen years neither of whose parents is a citizen of uganda, who is adopted by a citizen of uganda shall, on application, be registered as a citizen of uganda. 12. citizenship by registration every person born in ugandaat the time of whose birthneither of his or her parents and none of his or her grandparents had diplomatic status in uganda; and neither of his or her parents and none of his or her grandparents was a refugee in uganda; and who has lived continuously in uganda since the ninth day of october, 1962, shall, on application, be entitled to be registered as a citizen of uganda. the following persons shall, upon application, be registered as citizens of ugandaevery person married to a uganda citizen upon proof of a legal and subsisting marriage of three years or such other period prescribed by parliament; every person who has legally and voluntarily migrated to and has been living in uganda for at least ten years or such other period prescribed by parliament; every person who, on the commencement of this constitution, has lived in uganda for at least twenty years. paragraph (a) of clause (2) of this article applies also to a person who was married to a citizen of uganda who, but for his or her death, would have continued to be a citizen of uganda under this constitution. where a person has been registered as a citizen of uganda under paragraph (a) of clause (2) of this article and the marriage by virtue of which that person was registered isannulled or otherwise declared void by a court or tribunal of competent jurisdiction; or dissolved, that person shall, unless he or she renounces that citizenship, continue to be a citizen of uganda. 13. citizenship by naturalisation parliament shall by law provide for the acquisition and loss of citizenship by naturalisation. 14. loss of citizenship by registration a person may be deprived of his or her citizenship if acquired by registration, on any of the following grounds[repealed] voluntary service in the armed forces or security forces of a country hostile to, or at war with uganda; acquisition of uganda citizenship by fraud, deceit, bribery, or having made intentional and deliberate false statements in his or her application for citizenship; and espionage against uganda. 15. prohibition of dual citizenship a citizen of uganda of eighteen years and above, who voluntarily acquires the citizenship of a country other than uganda may, retain the citizenship of uganda subject to this constitution and any law enacted by parliament. a person who is not a citizen of uganda may, on acquiring the citizenship of uganda, subject to this constitution and any law enacted by parliament, retain the citizenship of another country. [repealed] [repealed] where the law of a country, other than uganda, requires a person who marries a citizen of that country to renounce the citizenship of his or her own country by virtue of that marriage, a citizen of uganda who is deprived of his or her citizenship by virtue of that marriage shall, on the dissolution of that marriage, if he or she thereby loses his or her citizenship acquired by that marriage, become a citizen of uganda. parliament shall by law prescribe the circumstances under whicha citizen of uganda who acquires the citizenship of another country may retain the citizenship of uganda; a citizen of uganda whose citizenship of origin is of another country and who holds the citizenship of another country may cease to be a citizen of uganda; a person who is not a citizen of uganda may, on acquiring uganda citizenship retain the citizenship of another country. parliament shall, by law, prescribe the offices of state which a person who holds the citizenship of another country in addition to the citizenship of uganda is not qualified to hold. 16. national citizenship and immigration board there shall be a national citizenship and immigration board. the board shall consist of a chairperson, a deputy chairperson and such other members as parliament shall by law prescribe. the members of the board shallbe persons of high moral character and proven integrity and appointed by the president with the approval of parliament; hold office for such period and on such terms and conditions as parliament shall by law prescribe. the functions of the board shall be prescribed by parliament by law. 17. duties of a citizen it is the duty of every citizen of ugandato respect the national anthem, flag, coat of arms and currency; to respect the rights and freedoms of others; to protect children and vulnerable persons against any form of abuse, harassment or ill-treatment; to protect and preserve public property; to defend uganda and to render national service when necessary; to co-operate with lawful agencies in the maintenance of law and order; to pay taxes; to register for electoral and other lawful purposes; to combat corruption and misuse or wastage of public property; and to create and protect a clean and healthy environment; to perform such other national duties and obligations as parliament may by law prescribe. it is the duty of all able-bodied citizens to undergo military training for the defence of this constitution and the protection of the territorial integrity of uganda whenever called upon to do so; and the state shall ensure that facilities are available for such training. parliament may, in the case of any duty or obligation under clause (1), prescribe a penalty for contravention of that duty or obligation. 18. registration of births, marriages and deaths the state shall register every birth, marriage and death occurring in uganda. 19. citizenship of parent dying before birth of person a reference in this chapter to the citizenship of the parent of a person at the time of the birth of that person shall, in relation to a person born after the death of the parent, be construed as a reference to the citizenship of the parent at the time of the parent's death. for the purposes of clause (1) of this article, where the death occurred before the coming into force of this constitution, the citizenship that the parent would have had if he or she had died on the coming into force of this constitution, shall be taken to be his or her citizenship at the time of his or her death. chapter 4. protection and promotion of fundamental and other human rights and freedoms general 20. fundamental and other human rights and freedoms fundamental rights and freedoms of the individual are inherent and not granted by the state. the rights and freedoms of the individual and groups enshrined in this chapter shall be respected, upheld and promoted by all organs and agencies of government and by all persons. 21. equality and freedom from discrimination all persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law. without prejudice to clause (1) of this article, a person shall not be discriminated against on the ground of sex, race, colour, ethnic origin, tribe, birth, creed or religion, or social or economic standing, political opinion or disability. for the purposes of this article, "discriminate" means to give different treatment to different persons attributable only or mainly to their respective descriptions by sex, race, colour, ethnic origin, tribe, birth, creed or religion, or social or economic standing, political opinion or disability. nothing in this article shall prevent parliament from enacting laws that are necessary forimplementing policies and programmes aimed at redressing social, economic or educational or other imbalance in society; or making such provision as is required or authorised to be made under this constitution; or providing for any matter acceptable and demonstrably justified in a free and democratic society. nothing shall be taken to be inconsistent with this article which is allowed to be done under any provision of this constitution. 22. protection of right to life no person shall be deprived of life intentionally except in execution of a sentence passed in a fair trial by a court of competent jurisdiction in respect of a criminal offence under the laws of uganda and the conviction and sentence have been confirmed by the highest appellate court. no person has the right to terminate the life of an unborn child except as may be authorised by law. 23. protection of personal liberty no person shall be deprived of personal liberty except in any of the following casesin execution of the sentence or order of a court, whether established for uganda or another country or of an international court or tribunal in respect of a criminal offence of which that person has been convicted; or of an order of a court punishing the person for contempt of court; in execution of the order of a court made to secure the fulfillment of any obligation imposed on that person by law; for the purpose of bringing that person before a court in execution of the order of a court or upon reasonable suspicion that that person has committed or is about to commit a criminal offence under the laws of uganda; for the purpose of preventing the spread of an infectious or contagious disease; in the case of a person who has not attained the age of eighteen years, for the purpose of the education or welfare of that person; in the case of a person who is, or is reasonably suspected to be, of unsound mind or addicted to drugs or alcohol, for the purpose of the care or treatment of that person or the protection of the community; for the purpose of preventing the unlawful entry of that person into uganda, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from uganda or for the purpose of restricting that person while being conveyed through uganda in the course of the extradition or removal of that person as a convicted prisoner from one country to another; or as may be authorised by law, in any other circumstances similar to any of the cases specified in paragraphs (a) to (g) of this clause. a person arrested, restricted or detained shall be kept in a place authorised by law. a person arrested, restricted or detained shall be informed immediately, in a language that the person understands, of the reasons for the arrest, restriction or detention and of his or her right to a lawyer of his or her choice. a person arrested or detainedfor the purpose of bringing him or her before a court in execution of an order of a court; or upon reasonable suspicion of his or her having committed or being about to commit a criminal offence under the laws of uganda, shall, if not earlier released, be brought to court as soon as possible but in any case not later than forty-eight hours from the time of his or her arrest. where a person is restricted or detainedthe next-of-kin of that person shall, at the request of that person, be informed as soon as practicable of the restriction or detention; the next-of-kin, lawyer and personal doctor of that person shall be allowed reasonable access to that person; and that person shall be allowed access to medical treatment including, at the request and at the cost of that person, access to private medical treatment. where a person is arrested in respect of a criminal offencethe person is entitled to apply to the court to be released on bail and the court may grant that person bail on such conditions as the court considers reasonable; in the case of an offence which is triable by the high court as well as by a subordinate court, if that person has been remanded in custody in respect of the offence for sixty days before trial, that person shall be released on bail on such conditions as the court considers reasonable; in the case of an offence triable only by the high court, if that person has been remanded in custody for one hundred and eighty days before the case is committed to the high court, that person shall be released on bail on such conditions as the court considers reasonable; a person unlawfully arrested, restricted or detained by any other person or authority, shall be entitled to compensation from that other person or authority whether it is the state or an agency of the state or other person or authority. where a person is convicted and sentenced to a term of imprisonment for an offence, any period he or she spends in lawful custody in respect of the offence before the completion of his or her trial shall be taken into account in imposing the term of imprisonment. the right to an order of habeas corpus shall be inviolable and shall not be suspended. 24. respect for human dignity and protection from inhuman treatment no person shall be subjected to any form of torture, cruel, inhuman or degrading treatment or punishment. 25. protection from slavery, servitude and forced labour no person shall be held in slavery or servitude. no person shall be required to perform forced labour. for the purposes of this article, "forced labour" does not includeany labour required in consequence of the sentence or order of a court; any labour required of any person while that person is lawfully detained which, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which the person is detained; any labour required of a member of a disciplined force as part of that member's duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour which that person is required by law to perform in place of that service; any labour required during any period when uganda is at war or in case of any emergency or calamity which threatens the life and well-being of the community, to the extent that the requiring of the labour is reasonably justifiable in the circumstances of any situation arising or existing during the period or as a result of the emergency or calamity, for the purpose of dealing with that situation; or any labour reasonably required as part of reasonable and normal communal or other civic obligations. 26. protection from deprivation of property every person has a right to own property either individually or in association with others. no person shall be compulsorily deprived of property or any interest in or right over property of any description except where the following conditions are satisfiedthe taking of possession or acquisition is necessary for public use or in the interest of defence, public safety, public order, public morality or public health; and the compulsory taking of possession or acquisition of property is made under a law which makes provision forprompt payment of fair and adequate compensation, prior to the taking of possession or acquisition of the property; and a right of access to a court of law by any person who has an interest or right over the property. 27. right to privacy of person, home and other property no person shall be subjected tounlawful search of the person, home or other property of that person; or unlawful entry by others of the premises of that person. no person shall be subjected to interference with the privacy of that person's home, correspondence, communication or other property. 28. right to a fair hearing in the determination of civil rights and obligations or any criminal charge, a person shall be entitled to a fair, speedy and public hearing before an independent and impartial court or tribunal established by law. nothing in clause (1) of this article shall prevent the court or tribunal from excluding the press or the public from all or any proceedings before it for reasons of morality, public order or national security, as may be necessary in a free and democratic society. every person who is charged with a criminal offence shallbe presumed to be innocent until proved guilty or until that person has pleaded guilty; be informed immediately, in a language that the person understands of the nature of the offence; be given adequate time and facilities for the preparation of his or her defence; be permitted to appear before the court in person or, at that person's own expense, by a lawyer of his or her choice; in the case of any offence which carries a sentence of death or imprisonment for life, be entitled to legal representation at the expense of the state; be afforded, without payment by that person, the assistance of an interpreter if that person cannot understand the language used at the trial; be afforded facilities to examine witnesses and to obtain the attendance of other witnesses before the court. nothing done under the authority of any law shall be held to be inconsistent withparagraph (a) of clause (3) of this article, to the extent that the law in question imposes upon any person charged with a criminal offence, the burden of proving particular facts; paragraph (g) of clause (3) of this article, to the extent that the law imposes conditions that must be satisfied if witnesses called to testify on behalf of an accused are to be paid their expenses out of public funds. except with his or her consent, the trial of any person shall not take place in the absence of that person unless the person so conducts himself or herself as to render the continuance of the proceedings in the presence of that person impracticable and the court makes an order for the person to be removed and the trial to proceed in the absence of that person. a person tried for any criminal offence, or any person authorised by him or her, shall, after the judgment in respect of that offence, be entitled to a copy of the proceedings upon payment of a fee prescribed by law. no person shall be charged with or convicted of a criminal offence which is founded on an act or omission that did not at the time it took place constitute a criminal offence. no penalty shall be imposed for a criminal offence that is severer in degree or description than the maximum penalty that could have been imposed for that offence at the time when it was committed. a person who shows that he or she has been tried by a competent court for a criminal offence and convicted or acquitted of that offence, shall not again be tried for the offence or for any other criminal offence of which he or she could have been convicted at the trial for that offence, except upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal. no person shall be tried for a criminal offence if the person shows that he or she has been pardoned in respect of that offence. where a person is being tried for a criminal offence, neither that person nor the spouse of that person shall be compelled to give evidence against that person. except for contempt of court, no person shall be convicted of a criminal offence unless the offence is defined and the penalty for it prescribed by law. 29. protection of freedom of conscience, expression, movement, religion, assembly and association every person shall have the right tofreedom of speech and expression, which shall include freedom of the press and other media; freedom of thought, conscience and belief which shall include academic freedom in institutions of learning; freedom to practise any religion and manifest such practice which shall include the right to belong to and participate in the practices of any religious body or organisation in a manner consistent with this constitution; freedom to assemble and to demonstrate together with others peacefully and unarmed and to petition; and freedom of association which shall include the freedom to form and join associations or unions, including trade unions and political and other civic organisations. every ugandan shall have the rightto move freely throughout uganda and to reside and settle in any part of uganda; to enter, leave and return to, uganda; and to a passport or other travel document. 30. right to education all persons have a right to education. 31. rights of the family a man and a woman are entitled to marry only if they are each of the age of eighteen years and above and are entitled at that ageto found a family; and to equal rights at and in marriage, during marriage, and at its dissolution. parliament shall make appropriate laws for the protection of the rights of widows and widowers to inherit the property of their deceased spouses and to enjoy parental rights over their children. marriage between persons of the same sex is prohibited. marriage shall be entered into with the free consent of the man and woman intending to marry. it is the right and duty of parents to care for and bring up their children. children may not be separated from their families or the persons entitled to bring them up against the will of their families or of those persons, except in accordance with the law. 32. affirmative action in favour of marginalised groups notwithstanding anything in this constitution, the state shall take affirmative action in favour of groups marginalised on the basis of gender, age, disability or any other reason created by history, tradition or custom, for the purpose of redressing imbalances which exist against them. laws, cultures, customs and traditions which are against the dignity, welfare or interest of women or any other marginalised group to which clause (1) relates or which undermine their status, are prohibited by this constitution. there shall be a commission called the equal opportunities commission whose composition and functions shall be determined by an act of parliament. the equal opportunities commission shall be established within one year after the coming into force of the constitution (amendment) act, 2005. parliament shall make laws for the purpose of giving full effect to this article. 33. rights of women women shall be accorded full and equal dignity of the person with men. the state shall provide the facilities and opportunities necessary to enhance the welfare of women to enable them to realise their full potential and advancement. the state shall protect women and their rights, taking into account their unique status and natural maternal functions in society. women shall have the right to equal treatment with men and that right shall include equal opportunities in political, economic and social activities. without prejudice to article 32 of this constitution, women shall have the right to affirmative action for the purpose of redressing the imbalances created by history, tradition or custom. 34. rights of children subject to laws enacted in their best interests, children shall have the right to know and be cared for by their parents or those entitled by law to bring them up. a child is entitled to basic education which shall be the responsibility of the state and the parents of the child. no child shall be deprived by any person of medical treatment, education or any other social or economic benefit by reason of religious or other beliefs. children are entitled to be protected from social or economic exploitation and shall not be employed in or required to perform work that is likely to be hazardous or to interfere with their education or to be harmful to their health or physical, mental, spiritual, moral or social development. for the purposes of clause (4) of this article, children shall be persons under the age of sixteen years. a child offender who is kept in lawful custody or detention shall be kept separately from adult offenders. the law shall accord special protection to orphans and other vulnerable children. 35. rights of persons with disabilities persons with disabilities have a right to respect and human dignity and the state and society shall take appropriate measures to ensure that they realise their full mental and physical potential. parliament shall enact laws appropriate for the protection of persons with disabilities. 36. protection of rights of minorities minorities have a right to participate in decision-making processes and their views and interests shall be taken into account in the making of national plans and programmes. 37. right to culture and similar rights every person has a right as applicable, to belong to, enjoy, practise, profess, maintain and promote any culture, cultural institution, language, tradition, creed or religion in community with others. 38. civic rights and activities every uganda citizen has the right to participate in the affairs of government, individually or through his or her representatives in accordance with law. every ugandan has a right to participate in peaceful activities to influence the policies of government through civic organisations. 39. right to a clean and healthy environment every ugandan has a right to a clean and healthy environment. 40. economic rights parliament shall enact lawsto provide for the right of persons to work under satisfactory, safe and healthy conditions; to ensure equal payment for equal work without discrimination; and to ensure that every worker is accorded rest and reasonable working hours and periods of holidays with pay, as well as remuneration for public holidays. every person in uganda has the right to practise his or her profession and to carry on any lawful occupation, trade or business. every worker has a rightto form or join a trade union of his or her choice for the promotion and protection of his or her economic and social interests; to collective bargaining and representation; and to withdraw his or her labour according to law. the employer of every woman worker shall accord her protection during pregnancy and after birth, in accordance with the law. 41. right of access to information every citizen has a right of access to information in the possession of the state or any other organ or agency of the state except where the release of the information is likely to prejudice the security or sovereignty of the state or interfere with the right to the privacy of any other person. parliament shall make laws prescribing the classes of information referred to in clause (1) of this article and the procedure for obtaining access to that information. 42. right to just and fair treatment in administrative decisions any person appearing before any administrative official or body has a right to be treated justly and fairly and shall have a right to apply to a court of law in respect of any administrative decision taken against him or her. 43. general limitation on fundamental and other human rights and freedoms in the enjoyment of the rights and freedoms prescribed in this chapter, no person shall prejudice the fundamental or other human rights and freedoms of others or the public interest. public interest under this article shall not permitpolitical persecution; detention without trial; any limitation of the enjoyment of the rights and freedoms prescribed by this chapter beyond what is acceptable and demonstrably justifiable in a free and democratic society, or what is provided in this constitution. 44. prohibition of derogation from particular human rights and freedoms notwithstanding anything in this constitution, there shall be no derogation from the enjoyment of the following rights and freedomsfreedom from torture, cruel, inhuman or degrading treatment or punishment; freedom from slavery or servitude; the right to fair hearing; the right to an order of habeas corpus. 45. human rights and freedoms additional to other rights the rights, duties, declarations and guarantees relating to the fundamental and other human rights and freedoms specifically mentioned in this chapter shall not be regarded as excluding others not specifically mentioned. human rights and freedoms during a state of emergency 46. effect of laws enacted for state of emergency an act of parliament shall not be taken to contravene the rights and freedoms guaranteed in this chapter, if that act authorises the taking of measures that are reasonably justifiable for dealing with a state of emergency. the provisions of any enactment other than an act of parliament dealing with a state of emergency declared under this constitution shall apply only to that part of uganda where the emergency exists. without prejudice to clause (1) of this article, an act enacted in accordance with that clause may make provision for the detention of persons where necessary for the purposes of dealing with the emergency. 47. detention under emergency laws where a person is restricted or detained under a law made for the purpose of a state of emergency, the following provisions shall applyhe or she shall, within twenty-four hours after the commencement of the restriction or detention, be furnished with a statement in writing specifying the grounds upon which he or she is restricted or detained; the spouse or next-of-kin of or other person named by the person restricted or detained shall be informed of the restriction or detention and allowed access to the person within seventy-two hours after the commencement of the restriction or detention. not more than thirty days after the commencement of his or her restriction or detention, a notification shall be published in the gazette and in the media stating that he or she has been restricted or detained and giving particulars of the provisions of the law under which his or her restriction or detention is authorised and the grounds of his or her restriction or detention. 48. review by uganda human rights commission the uganda human rights commission shall review the case of a person who is restricted or detained and to whom article 47 of this constitution applies, not later than twenty-one days after the commencement of the restriction or detention, and after that, at intervals of not more than thirty days. a person who is restricted or detained shall be permitted and afforded every possible facilityto consult a lawyer of his or her choice or any group of persons who shall be permitted to make representations to the uganda human rights commission for the review of his or her case; to appear in person or by a lawyer of his or her choice at the hearing or review of his or her case. on a review of the case, the uganda human rights commission may order the release of that person, or uphold the grounds of the restriction or detention. 49. report to parliament in every month in which there is a sitting of parliament, the minister responsible shall make a report to parliament in respect ofthe number of persons restricted or detained under the state of emergency; and the action taken in compliance with the findings of the uganda human rights commission. the minister responsible shall publish every month in the gazette and in the mediathe number and names and addresses of the persons restricted or detained; the number of cases reviewed by the uganda human rights commission; and the action taken in compliance with the findings of the uganda human rights commission. for the avoidance of doubt, it is declared that at the end of the emergency declared under this constitution, any person in or under restriction, detention or custody as a result of the declaration of emergency, shall be released immediately, unless charged with a criminal offence in a court of law. enforcement of rights and freedoms by courts 50. enforcement of rights and freedoms by courts any person who claims that a fundamental or other right or freedom guaranteed under this constitution has been infringed or threatened, is entitled to apply to a competent court for redress which may include compensation. any person or organisation may bring an action against the violation of another person's or group's human rights. any person aggrieved by any decision of the court may appeal to the appropriate court. parliament shall make laws for the enforcement of the rights and freedoms under this chapter. uganda human rights commission 51. uganda human rights commission there shall be a commission called the uganda human rights commission. the commission shall be composed of a chairperson and not less than three other persons appointed by the president with the approval of parliament. the chairperson of the commission shall be a judge of the high court or a person qualified to hold that office. the chairperson and members of the commission shall be persons of high moral character and proven integrity and shall serve for a period of six years and be eligible for reappointment. 52. functions of human rights commission the commission shall have the following functionsto investigate, at its own initiative or on a complaint made by any person or group of persons against the violation of any human right; to visit jails, prisons, and places of detention or related facilities with a view to assessing and inspecting conditions of the inmates and make recommendations; to establish a continuing programme of research, education and information to enhance respect of human rights; to recommend to parliament effective measures to promote human rights, including provision of compensation to victims of violations of human rights, or their families; to create and sustain within society the awareness of the provisions of this constitution as the fundamental law of the people of uganda; to educate and encourage the public to defend this constitution at all times against all forms of abuse and violation; to formulate, implement and oversee programmes intended to inculcate in the citizens of uganda awareness of their civic responsibilities and an appreciation of their rights and obligations as free people; to monitor the government's compliance with international treaty and convention obligations on human rights; and to perform such other functions as may be provided by law. the uganda human rights commission shall publish periodical reports on its findings and submit annual reports to parliament on the state of human rights and freedoms in the country. in the performance of its functions, the uganda human rights commission shallestablish its operational guidelines and rules of procedure; request the assistance of any department, bureau, office, agency or person in the performance of its functions; and observe the rules of natural justice. 53. powers of the commission in the performance of its functions, the commission shall have the powers of a courtto issue summons or other orders requiring the attendance of any person before the commission and the production of any document or record relevant to any investigation by the commission; to question any person in respect of any subject matter under investigation before the commission; to require any person to disclose any information within his or her knowledge relevant to any investigation by the commission; and to commit persons for contempt of its orders. the commission may, if satisfied that there has been an infringement of a human right or freedom, orderthe release of a detained or restricted person; payment of compensation; or any other legal remedy or redress. a person or authority dissatisfied with an order made by the commission under clause (2) of this article, has a right to appeal to the high court. the commission shall not investigateany matter which is pending before a court or judicial tribunal; or a matter involving the relations or dealings between the government and the government of any foreign state or international organisation; or a matter relating to the exercise of the prerogative of mercy. 54. independence of the commission subject to this constitution, the commission shall be independent and shall not, in the performance of its duties, be subject to the direction or control of any person or authority. 55. expenses of commission the commission shall be self-accounting and all the administrative expenses of the commission including salary, allowances and pensions payable to persons serving with the commission shall be charged on the consolidated fund. the chairperson and other members of the commission shall be paid such salaries and allowances as parliament may prescribe. 56. removal of commissioners the provisions of this constitution relating to the removal of a judge of the high court from office shall, with the necessary modifications, apply to the removal from office of a member of the commission. 57. staff of commission the appointment of the officers and other employees of the commission shall be made by the commission in consultation with the public service commission. 58. parliament to make laws regarding functions of commission parliament may make laws to regulate and facilitate the performance of the functions of the uganda human rights commission. chapter 5. representation of the people right to vote 59. right to vote every citizen of uganda of eighteen years of age or above, has a right to vote. it is the duty of every citizen of uganda of eighteen years of age or above, to register as a voter for public elections and referenda. the state shall take all necessary steps to ensure that all citizens qualified to vote, register and exercise their right to vote. parliament shall make laws to provide for the facilitation of citizens with disabilities to register and vote. electoral commission 60. electoral commission there shall be an electoral commission which shall consist of a chairperson, a deputy chairperson and five other members appointed by the president with the approval of parliament. members of the commission shall be persons of high moral character, proven integrity and who possess considerable experience and demonstrated competence in the conduct of public affairs. the members of the commission shall hold office for seven years and their appointment may be renewed for one more term only. if the appointment of a member of the commission is being renewed, the renewal shall be done at least three months before the expiry of the first term. a person holding any of the following offices shall relinquish his or her position in that office on appointment as a member of the commissiona member of parliament; or a member of a local government council; or a member of the executive of a political party or political organisation; or a public officer. members of the commission shall be paid such emoluments as parliament may determine. if a member of the commission is absent or dies, the president shall, with the approval of parliament, appoint a person qualified in terms of this article to act in his or her place until that person is able again to resume his or her duties or as the case may be, until a new person is appointed to fill the vacancy. a member of the commission may be removed from office by the president only forinability to perform the functions of his or her office arising out of physical or mental incapacity; misbehaviour or misconduct; or incompetence. any question for the removal of a member of the electoral commission shall be referred to a tribunal appointed by the president, and the president may remove the member if the tribunal recommends that the member should be removed on any of the grounds specified in clause (8) of this article. where the question for removal of a member involves an allegation that the member of the electoral commission is incapable of performing the functions of his or her office arising from physical or mental incapacity, the president shall, on the advice of the head of the health services of uganda, appoint a medical board which shall investigate the m atter and report its findings to the president, with a copy to the tribunal. where a tribunal is appointed by the president under clause (9) of this article in respect of any member of the electoral commission, the president shall suspend that member from performing the functions of his or her office. a suspension under clause (11) of this article shall cease to have effect if the tribunal advises the president that the member suspended should not be removed. 61. functions of electoral commission the electoral commission shall have the following functionsto ensure that regular, free and fair elections are held; to organise, conduct and supervise elections and referenda in accordance with this constitution; to demarcate constituencies in accordance with the provisions of this constitution; to ascertain, publish and declare in writing under its seal the results of the elections and referenda; to compile, maintain, revise and update the voters' register; to hear and determine election complaints arising before and during polling; to formulate and implement voter educational programmes relating to elections; and to perform such other functions as may be prescribed by parliament by law. the electoral commission shall hold presidential, general parliamentary and local government council elections within the first thirty days of the last one hundred and twenty two days before the expiration of the term of president, parliament or local government council as the case may be. except where it is impracticable to do so, the electoral commission shall hold general parliamentary and local government council elections on the same day. subject to this constitution, the electoral commission shall, in accordance with the law, determine the dates for holding the elections referred to in clause (2). 62. independence of the commission subject to the provisions of this constitution, the commission shall be independent and shall, in the performance of its functions, not be subject to the direction or control of any person or authority. 63. constituencies subject to clauses (2) and (3) of this article, uganda shall be divided into as many constituencies for the purpose of election of members of parliament as parliament may prescribe; and each constituency shall be represented by one member of parliament. when demarcating constituencies for the purposes of clause (1) of this article, the electoral commission shall ensure that each county, as approved by parliament, has at least one member of parliament; except that no constituency shall fall within more than one county. subject to clause (2) of this article, the boundary of a constituency shall be such that the number of inhabitants in the constituency is, as nearly as possible, equal to the population quota. for the purposes of clause (3) of this article, the number of inhabitants of a constituency may be greater or less than the population quota in order to take account of means of communication, geographical features, density of population, area and boundaries of districts. subject to clause (1) of this article, the commission shall review the division of uganda into constituencies within twelve months after the publication of results of a census of the population of uganda and may as a result re-demarcate the constituencies. where the boundary of a constituency established under this article is altered as a result of a review, the alteration shall come into effect upon the next dissolution of parliament. for the purposes of this article, "population quota" means the number obtained by dividing the number of inhabitants of uganda by the number of constituencies into which uganda is to be divided under this article. 64. appeals from decisions of commission any person aggrieved by a decision of the electoral commission in respect of any of the complaints referred to in paragraph (f) of article 61 of this constitution, may appeal to the high court. a person aggrieved by a decision of the commission in respect of a demarcation of a boundary may appeal to a tribunal consisting of three persons appointed by the chief justice; and the commission shall give effect to the decision of the tribunal. a person aggrieved by a decision of the tribunal made under clause (2) of this article, may appeal to the high court. a decision of the high court on an appeal under clause (1) or clause (3) of this article shall be final. parliament shall make laws providing for procedure for the expeditious disposal of appeals referred to in this article. 65. staff of commission the appointment of officers and employees of the electoral commission shall be made by the commission acting in consultation with the public service commission. 66. expenses of commission parliament shall ensure that adequate resources and facilities are provided to the commission to enable it to perform its functions effectively. the commission shall be a self-accounting institution and shall deal directly with the ministry responsible for finance on matters relating to its finances. the administrative expenses of the commission, including salaries, allowances and pensions payable to or in respect of persons serving with the commission, shall be charged on the consolidated fund. 67. organisation of elections the electoral commission shall ensure that elections are held at times fixed and notified in advance to the public. no candidate in an election shall be denied reasonable access, and use of state-owned communication media. all presidential candidates shall be given equal time and space on the state-owned media to present their programmes to the people. parliament shall make laws regulating the use of public resources and institutions during election campaigns. 68. voting at elections and referenda at a public election or referendum, voting shall, subject to the provisions of this constitution, be by secret ballot using one ballot box at each polling station for all candidates in an election and for all sides in a referendum. immediately after the close of the poll, the presiding officer shall proceed to count at the polling station, the ballot papers of that station and record the votes cast in favour of each candidate or question. a candidate is entitled to be present in person or through his or her representatives or polling agents at the polling station throughout the period of voting, counting of the votes and ascertaining of the results of the poll. the presiding officer, the candidates or their representatives and in the case of a referendum, the sides contesting or their agents, if any, shall sign and retain a copy of a declaration statingthe polling station; the number of votes cast in favour of each candidate or question; and the presiding officer shall there and then, announce the results of the voting at that polling station before communicating them to the returning officer. subject to the provisions of this constitution, an issue for determination by a referendum shall be taken to be determined by a majority of the votes cast at the referendum. parliament may by law exempt any public election, other than a presidential or parliamentary election, from the requirements of clause (1) that it shall be held by secret ballot. political systems 69. political systems the people of uganda shall have the right to choose and adopt a political system of their choice through free and fair elections or referenda. the political systems referred to in clause (1) of this article shall includethe movement political system; the multi-party political system; and any other democratic and representative political system. 70. movement political system the movement political system is broad based, inclusive and non-partisan and shall conform to the following principlesparticipatory democracy; democracy, accountability and transparency; accessibility to all positions of leadership by all citizens; individual merit as a basis for election to political offices. parliament maycreate organs under the movement political system and define their roles; and prescribe from time to time, any other democratic principle of the movement political system, as it may consider necessary. 71. multi-party political system a political party in the multi-party political system shall conform to the following principlesevery political party shall have a national character; membership of a political party shall not be based on sex, ethnicity, religion, or other sectional division; the internal organisation of a political party shall conform to the democratic principles enshrined in this constitution; members of the national organs of a political party shall be regularly elected from citizens of uganda in conformity with the provisions of paragraphs (a) and (b) of this article and with due consideration for gender; political parties shall be required by law to account for the sources and use of their funds and assets; no person shall be compelled to join a particular party by virtue of belonging to an organisation or interest group. parliament shall by law prescribe a code of conduct for political organisations and political parties and provide for the establishment of a national consultative forum for political parties and organisations with such functions as parliament may prescribe. 72. right to form political parties or political organisations subject to the provisions of this constitution, the right to form political parties and any other political organisations is guaranteed. an organisation shall not operate as a political party or organisation unless it conforms to the principles laid down in this constitution and it is registered. parliament shall by law regulate the financing and functioning of political organisations. any person is free to stand for an election as a candidate, independent of a political organisation or political party. parliament, shall by law, regulate the manner of participation in and financing of elections by individuals seeking political office as independent candidates. 73. regulations of political organisations subject to the provisions of this constitution, but notwithstanding the provisions of paragraph (e) of clause (1) of article 29 and article 43 of this constitution, during the period when any of the political systems provided for in this constitution has been adopted, organisations subscribing to other political systems may exist subject to such regulations as parliament shall by law prescribe. regulations prescribed under this article shall not exceed what is necessary for enabling the political system adopted to operate. 74. change of political systems by referenda or elections a referendum shall be held for the purpose of changing the political systemif requested by a resolution supported by more than half of all members of parliament; or if requested by a resolution supported by the majority of the total membership of each of at least one half of all district councils; or if requested through a petition to the electoral commission by at least one-tenth of the registered voters from each of at least two-thirds of the constituencies for which representatives are required to be directly elected under paragraph (a) of clause (1) of article 78 of this constitution. the political system may also be changed by the elected representatives of the people in parliament and district councils by resolution of parliament supported by not less than two thirds of all members of parliament upon a petition to it supported by not less than two thirds majority of the total membership of each of at least half of all district councils. the resolutions or petitions for the purposes of changing the political system shall be taken only in the fourth year of the term of any parliament. 75. prohibition of one-party state parliament shall have no power to enact a law establishing a one-party state. general 76. parliament to enact laws on elections parliament may, subject to the provisions of this constitution, enact such laws as may be necessary for the purposes of this chapter, including laws for the registration of voters, the conduct of public elections and referenda and, where necessary, making provision for voting by proxy. chapter 6. the legislature establishment composition and functions of parliament 77. parliament of uganda there shall be a parliament of uganda. the composition and functions of parliament shall be as prescribed by this constitution. subject to this constitution, the term of parliament shall be seven years from the date of its first sitting after a general election. where there exists a state of war or a state of emergency which would prevent a normal general election from being held, parliament may, by resolution supported by not less than two-thirds of all members of parliament, extend the life of parliament for a period not exceeding six months at a time. 78. composition of parliament parliament shall consist ofmembers directly elected to represent constituencies; one woman representative for every district; such numbers of representatives of the army, youth, workers, persons with disabilities and other groups as parliament may determine; and the vice-president and ministers, who, if not already elected members of parliament, shall be ex-officio members of parliament without the right to vote on any issue requiring a vote in parliament. upon the expiration of a period of ten years after the commencement of this constitution and thereafter, every five years, parliament shall review the representation under paragraphs (b) and (c) of clause (1) of this article for the purposes of retaining, increasing, or abolishing any such representation and any other matter incidental to it. the representatives referred to in paragraph (a) of clause (1) of this article shall be elected on the basis of universal adult suffrage and by secret ballot. parliament shall, by law, prescribe the procedure for elections of representatives referred to in paragraphs (b) and (c) of clause (1) of this article. 79. functions of parliament subject to the provisions of this constitution, parliament shall have power to make laws on any matter for the peace, order, development and good governance of uganda. except as provided in this constitution, no person or body other than parliament shall have power to make provisions having the force of law in uganda except under authority conferred by an act of parliament. parliament shall protect this constitution and promote the democratic governance of uganda. 80. qualifications and disqualifications of members of parliament a person is qualified to be a member of parliament if that personis a citizen of uganda; is a registered voter; and has completed a minimum formal education of advanced level standard or its equivalent which shall be established in a manner and at a time prescribed by parliament by law. a person is not qualified for election as a member of parliament if that personis of unsound mind; is holding or acting in an office the functions of which involve a responsibility for or in connection with the conduct of an election; is a traditional or cultural leader as defined in clause (6) of article 246 of this constitution; has been adjudged or otherwise declared bankrupt under any law in force in uganda and has not been discharged; or is under a sentence of death or a sentence of imprisonment exceeding nine months imposed by any competent court without the option of a fine. has, within the seven years immediately preceding the election, been convicted by a competent court of a crime involving dishonesty or moral turpitude; has, within the seven years immediately preceding the election, been convicted by a competent court of an offence under any law relating to elections conducted by the electoral commission. under the movement political system, a person elected to parliament while he or she is a member of a local government council or holds a public office shall resign the office before assuming the office of a member of parliament. under the multiparty political system, a public officer or a person employed in any government department or agency of the government or an employee of a local government or any body in which the government has controlling interest, who wishes to stand in a general election as a member of parliament shall resign his or her office at least ninety days before nomination day. 81. election of members of parliament [repealed] whenever a vacancy occurs in parliament, the clerk to parliament shall notify the electoral commission in writing within ten days after the vacancy has occurred; and a by-election shall be held within sixty days after the electoral commission has received notification of the vacancy from the clerk to parliament. w here the seat of a member of parliament is declared vacant by a courtâ�� the registrar of the court shall transmit to the clerk to parliament a copy of the judgment of the court within ten days after the declaration; and the clerk to parliament shall notify the electoral commission in writing of the vacancy within ten days after receiving the judgment from the registrar of the court. notwithstanding clause (2) of this article, a by-election shall not be held within six months before the holding of a general election of parliament. every person elected to parliament shall take and subscribe the oath of allegiance and the oath of member of parliament specified in the fourth schedule to this constitution. except for the purpose of taking the oaths referred to in clause (4) of this article, no person shall sit or vote in parliament before taking and subscribing the oaths. 82. speaker and deputy speaker of parliament there shall be a speaker and deputy speaker of parliament. the speaker and deputy speaker shall be elected by members of parliament from among their number. a person shall not be qualified to be elected a speaker or deputy speaker if he or she is a vice-president or a minister. subject to clause (4) of article 81 of this constitution, no business shall be transacted in parliament other than an election to the office of speaker at any time that office is vacant. the chief justice or a judge designated by the chief justice shall preside at an election of a speaker and the speaker shall preside at an election of the deputy speaker. an election to the office of deputy speaker shall be held at the first sitting of parliament after that office becomes vacant. the speaker or deputy speaker shall vacate his or her officeif he or she is appointed to any public office; if he or she becomes a minister; if he or she resigns his or her office by writing signed by him or her addressed to the clerk to parliament; if he or she ceases to be a member of parliament; or if he or she is removed by resolution of parliament supported by not less than two-thirds of all members of parliament. the speaker and deputy speaker shall receive such salaries, allowances and gratuities as may be prescribed by parliament. the salaries, allowances and gratuities of the speaker and deputy speaker shall be charged on the consolidated fund. the speaker and deputy speaker shall each, before assuming the duties of office take and subscribe the oath of speaker or deputy speaker specified in the fourth schedule to this constitution. 82a. leader of the opposition under the multi organisations or multiparty form of democracy, there shall be, in parliament, a leader of the opposition. parliament shall, by law, prescribe the following in respect of the leader of the oppositionhow he or she is chosen and how he or she ceases to hold that office; his or her status; his or her role and functions; and the benefits and privileges attached to his or her office. 83. tenure of office of members of parliament a member of parliament shall vacate his or her seat in parliamentif he or she resigns his or her office in writing signed by him or her and addressed to the speaker; if such circumstances arise that if that person were not a member of parliament would cause that person to be disqualified for election as a member of parliament under article 80 of this constitution; subject to the provisions of this constitution, upon dissolution of parliament; if that person is absent from fifteen sittings of parliament without permission in writing of the speaker during any period when parliament is continuously meeting and is unable to offer satisfactory explanation to the relevant parliamentary committee for his or her absence; if that person is found guilty by the appropriate tribunal of violation of the leadership code of conduct and the punishment imposed is or includes the vacation of the office of a member of parliament; if recalled by the electorate in his or her constituency in accordance with this constitution; if that person leaves the political party for which he or she stood as a candidate for election to parliament to join another party or to remain in parliament as an independent member; if, having been elected to parliament as an independent candidate, that person joins a political party; if that person is appointed a public officer. notwithstanding paragraphs (g) and (h) of clause (1) of this article, membership of a coalition government of which his or her original political party forms part, shall not affect the status of any member of parliament. clause (1) (g) and (h) shall not apply to an independent member joining a political party or political organisation or a member leaving one political party or organisation to join another political party or organisation or become an independent member within twelve months before the end of the term of parliament to participate in activities or programmes of a political party or political organisation relating to a general election. parliament shall by law, prescribe the grounds and procedure that every political party or organisation must follow before terminating a person's membership to a political party or organisation. the provisions of paragraphs (g) and (h) of clause (1) and of clause (2) of this article shall only apply during any period when the multi-party system of government is in operation. 84. right of recall subject to the provisions of this article, the electorate of any constituency and of any interest group referred to in article 78 of this constitution have the right to recall their member of parliament before the expiry of the term of parliament. a member of parliament may be recalled from that office on any of the following groundsphysical or mental incapacity rendering that member incapable of performing the functions of the office; or misconduct or misbehaviour likely to bring hatred, ridicule, contempt or disrepute to the office; or persistent deserting of the electorate without reasonable cause. the recall of a member of parliament shall be initiated by a petition in writing setting out the grounds relied on and signed by at least two-thirds of the registered voters of the constituency or of the interest group referred to in clause (1) of this article, and shall be delivered to the speaker. on receipt of the petition referred to in clause (3) of this article, the speaker shall, within seven days require the electoral commission to conduct a public inquiry into the matters alleged in the petition and the electoral commission shall expeditiously conduct the necessary inquiry and report its findings to the speaker. the speaker shalldeclare the seat vacant, if the electoral commission reports that it is satisfied from the inquiry, with the genuineness of the petition; or declare immediately that the petition was unjustified, if the commission reports that it is not satisfied with the genuineness of the petition. subject to the provisions of clauses (2), (3), (4) and (5) of this article, parliament shall, by law prescribe the procedure to be followed for the recall of a member of parliament. the right to recall a member of parliament shall only exist while the movement political system is in operation. 85. emoluments of members of parliament a member of parliament shall be paid such emoluments, such gratuity and pension, and shall be provided with such facilities, as may be determined by parliament. a member of parliament shall not hold any office of profit or emolument likely to compromise his or her office. 86. determination of questions of membership the high court shall have jurisdiction to hear and determine any question whethera person has been validly elected a member of parliament or the seat of a member of parliament has become vacant; or a person has been validly elected as speaker or deputy speaker or having been so elected, has vacated that office. a person aggrieved by the determination of the high court under this article may appeal to the court of appeal. parliament shall, by law make provision with respect tothe persons eligible to apply to the high court for determination of any question under this article; and the circumstances and manner in which and the conditions upon which any such application may be made. 87. clerk to parliament and other staff of parliament there shall be a public officer designated clerk to parliament appointed by the president acting in accordance with the advice of the public service commission. there shall also be such other members of staff as may be necessary for the efficient discharge of the functions of parliament. the other staff referred to in clause (2) shall be public officers who shall, notwithstanding articles 166 and 172, be appointed, disciplined and removed by the parliamentary commission subject to any law made by parliament. the salary, emoluments and gratuity of the staff of parliament shall be determined by parliament subject to article 93 of this constitution. 87a. parliamentary commission there shall be a commission called the parliamentary commission whose composition and functions shall be prescribed by parliament by law. procedure of parliament 88. quorum of parliament the quorum of parliament shall be prescribed by the rules of procedure of parliament made under article 94 of this constitution. for the avoidance of doubt, the rules of procedure of parliament may prescribe different quorums for different purposes. 89. voting in parliament except as otherwise prescribed by this constitution or any law consistent with this constitution, any question proposed for decision of parliament shall be determined by a majority of votes of the members present and voting. the person presiding in parliament shall have neither an original nor a casting vote and if on any question before parliament the votes are equally divided, the motion shall be lost. 90. committees of parliament parliament shall appoint committees necessary for the efficient discharge of its functions. parliament shall, by its rules of procedure, prescribe the powers, composition and functions of its committees. in the exercise of their functions under this article, committees of parliamentmay call any minister or any person holding public office and private individuals to submit memoranda or appear before them to give evidence; may co-opt any member of parliament or employ qualified persons to assist them in the discharge of their functions; shall have the powers of the high court forenforcing the attendance of witnesses and examining them on oath, affirmation or otherwise; compelling the production of documents; and issuing a commission or request to examine witnesses abroad. 91. exercise of legislative powers subject to the provisions of this constitution, the power of parliament to make laws shall be exercised through bills passed by parliament and assented to by the president. a bill passed by parliament shall, as soon as possible, be presented to the president for assent. the president shall, within thirty days after a bill is presented to him or herassent to the bill; or return the bill to parliament with a request that the bill or a particular provision of it be reconsidered by parliament; or notify the speaker in writing that he or she refuses to assent to the bill. where a bill has been returned to parliament under paragraph (b) of clause (3) of this article, parliament shall reconsider it and if passed again, it shall be presented for a second time to the president for assent. where the president returns the same bill twice under paragraph (b) of clause (3) of this article and the bill is passed for the third time, with the support of at least two-thirds of all members of parliament, the speaker shall cause a copy of the bill to be laid before parliament and the bill shall become law without the assent of the president. where the presidentrefuses to assent to a bill under paragraph (c) of clause (3) of this article, parliament may reconsider the bill and if passed, the bill shall be presented to the president for assent; refuses to assent to a bill which has been reconsidered and passed under paragraph (a) of this clause or under clause (4) of this article, the speaker shall, upon the refusal, if the bill was so passed with the support of at least two-thirds of all members of parliament, cause a copy of the bill to be laid before parliament and the bill shall become law without the assent of the president. where the president fails to do any of the acts specified in clause (3) of this article within the period prescribed in that clause, the president shall be taken to have assented to the bill and at the expiration of that period, the speaker shall cause a copy of the bill to be laid before parliament and the bill shall become law without the assent of the president. a bill passed by parliament and assented to by the president or which has otherwise become law under this article shall be an act of parliament and shall be published in the gazette. 92. restriction on retrospective legislation parliament shall not pass any law to alter the decision or judgement of any court as between the parties to the decision or judgement. 93. restriction on financial matters parliament shall not, unless the bill or the motion is introduced on behalf of the governmentproceed upon a bill, including an amendment bill, that makes provision for any of the followingthe imposition of taxation or the alteration of taxation otherwise than by reduction; or the imposition of a charge on the consolidated fund or other public fund of uganda or the alteration of any such charge otherwise than by reduction; or the payment, issue or withdrawal from the consolidated fund or other public fund of uganda of any moneys not charged on that fund or any increase in the amount of that payment, issue or withdrawal; or the composition or remission of any debt due to the government of uganda; or proceed upon a motion, including an amendment to a motion, the effect of which would be to make provision for any of the purposes specified in paragraph (a) of this article. 94. rules of procedure in parliament subject to the provisions of this constitution, parliament may make rules to regulate its own procedure including the procedure of its committees. parliament may act notwithstanding a vacancy in its membership. the presence or the participation of a person not entitled to be present or to participate in the proceedings of parliament shall not by itself, invalidate those proceedings. the rules of procedure of parliament shall include the following provisionsthe speaker shall determine the order of business in parliament and shall give priority to government business; a member of parliament has the right to move a private member's bill; the member moving the private member's bill shall be afforded reasonable assistance by the department of government whose area of operation is affected by the bill; and the office of the attorney-general shall afford the member moving the private member's bill professional assistance in the drafting of the bill. 95. sessions of parliament where a new parliament is elected, the president shall, by proclamation, appoint the place and a date not beyond seven days after the expiry of the term of parliament or of the extended period, as the case may be, for the first sitting of the new parliament. a session of parliament shall be held at such place within uganda and shall commence at such time as the speaker may, by proclamation, appoint. the speaker may, after consultation with the president, prorogue parliament by proclamation. a session of parliament shall be held at least once a year but the period between one session and the next following session shall be less than twelve months. notwithstanding any other provision of this article, at least one-third of all members of parliament may, in writing signed by them, request a meeting of parliament; and the speaker shall summon parliament to meet within twenty-one days after receipt of the request. 96. dissolution of parliament parliament shall stand dissolved upon the expiration of its term as prescribed by article 77 of this constitution. general 97. parliamentary immunities and privileges the speaker, the deputy speaker, members of parliament and any other person participating or assisting in or acting in connection with or reporting the proceedings of parliament or any of its committees shall be entitled to such immunities and privileges as parliament shall by law prescribe. chapter 7. the executive the president 98. president of uganda there shall be a president of uganda who shall be the head of state, head of government and commander-in-chief of the uganda peoples' defence forces and the fountain of honour. the president shall take precedence over all persons in uganda, and in descending order, the vice-president, the speaker and the chief justice, shall take precedence over all other persons in uganda. before assuming the duties of the office of president, a person elected president shall take and subscribe the oath of allegiance and the presidential oath specified in the fourth schedule to this constitution. while holding office, the president shall not be liable to proceedings in any court. civil or criminal proceedings may be instituted against a person after ceasing to be president, in respect of anything done or omitted to be done in his or her personal capacity before or during the term of office of that person; and any period of limitation in respect of any such proceedings shall not be taken to run during the period while that person was president. 99. executive authority of uganda the executive authority of uganda is vested in the president and shall be exercised in accordance with this constitution and the laws of uganda. the president shall execute and maintain this constitution and all laws made under or continued in force by this constitution. it shall be the duty of the president to abide by, uphold and safeguard this constitution and the laws of uganda and to promote the welfare of the citizens and protect the territorial integrity of uganda. subject to the provisions of this constitution, the functions conferred on the president by clause (1) of this article may be exercised by the president either directly or through officers subordinate to the president. a statutory instrument or other instrument issued by the president or any person authorised by the president may be authenticated by the signature of a minister; and the validity of any instrument so authenticated shall not be called in question on the ground that it is not made, issued or executed by the president. 100. notification of absence of president from uganda the president shall, whenever leaving uganda, notify in writing the vice-president, the speaker and the chief justice. 101. presidential addresses the president shall, at the beginning of each session of parliament, deliver to parliament an address on the state of the nation. the president may, also, in consultation with the speaker, address parliament from time to time, on any matter of national importance. 102. qualifications and disquaifications of the president a person is qualified for election as president if that personis a citizen of uganda by birth; is a registered voter; and has completed a minimum formal education of advanced level standard or its equivalent. a person is not qualified for election as president if that personis of unsound mind; is holding or acting in an office the functions of which involve a responsibility for or in connection with the conduct of an election; is a traditional or cultural leader as defined in article 246(6) of this constitution; has been adjudged or otherwise declared bankrupt under any law in force in uganda and has not been discharged; is under a sentence of death or a sentence of imprisonment exceeding nine months imposed by any competent court without the option of a fine; has, within seven years immediately preceding the election, been convicted by a competent court of an offence involving dishonesty or moral turpitude; or has, within seven years immediately preceding the election, been convicted by a competent court of an offence under any law relating to elections conducted by the electoral commission. 103. election of president the election of the president shall be by universal adult suffrage through a secret ballot. a person shall not be a candidate in a presidential election unlessthat person submits to the electoral commission on or before the day appointed as nomination day in relation to the election, a document which is signed by that person nominating him or her as a candidate; and the nomination is supported by one hundred voters in each of at least two-thirds of all the districts in uganda. apart from the election required to be held by clause (2) of article 61 of this constitution, election of the president shall also be held in the following circumstancesan election held under clause (6) of article 104 of this constitution; an election held under clause (3) of article 105 of this constitution; an election held under clause (2) of article 109 of this constitution; and an election necessitated by the fact that a normal presidential election could not be held as a result of the existence of a state of war or a state of emergency in which case, the election shall be held within such period as parliament may, by law, prescribe. a candidate shall not be declared elected as president unless the number of votes cast in favour of that candidate at the presidential election is more than fifty percent of valid votes cast at the election. where at a presidential election no candidate obtains the percentage of votes specified in clause (4) of this article, a second election shall be held within thirty days after the declaration of the results in which election the two candidates who obtained the highest number of votes shall be the only candidates. the candidate who obtains the highest number of votes in an election under clause (5) of this article shall be declared elected president. notwithstanding the provisions of clauses (4) and (6) of this article, where, in a presidential election only one candidate is nominated, after the close of nominations, the electoral commission shall declare that candidate elected unopposed. the electoral commission shall ascertain, publish and declare in writing under its seal, the results of the presidential election within forty-eight hours from the close of polling. a person elected president during the term of a president shall assume office within twenty four hours after the expiration of the term of the predecessor and in any other case, within twenty four hours after being declared elected as president. subject to the provisions of this constitution, parliament shall by law, prescribe the procedure for the election and assumption of office by a president. 104. challenging presidential election subject to the provisions of this article, any aggrieved candidate may petition the supreme court for an order that a candidate declared by the electoral commission elected as president was not validly elected. a petition under clause (1) of this article shall be lodged in the supreme court registry within fifteen days after the declaration of the election results. the supreme court shall inquire into and determine the petition expeditiously and shall declare its findings and reasons not later than forty five days from the date the petition is filed. where no petition is filed within the time prescribed under clause (2) of this article, or where a petition having been filed, is dismissed by the supreme court, the candidate declared elected shall conclusively be taken to have been duly elected as president. after due inquiry under clause (3) of this article, the supreme court maydismiss the petition; or declare which candidate was validly elected; or annul the election. where an election is annulled, a fresh election shall be held within sixty days from the date of the annulment. if after a fresh election held under clause (6) of this article there is another petition which succeeds, then the presidential election shall be postponed; and upon the expiry of the term of the incumbent president, the speaker shall perform the functions of the office of president until a new president is elected and assumes office. for the purposes of this article, clause (4) of article 98 of this constitution shall not apply. parliament shall make such laws as may be necessary for the purposes of this article including laws for grounds of annulment and rules of procedure. 105. tenure of office of president a person elected president under this constitution shall, subject to clause (3) of this article, hold office for a term of five years. a person shall not hold office as president for more than two terms. a bill for an act of parliament seeking to amend this clause and clause (2) of this article shall not be taken as passed unlessit is supported at the second and third reading in parliament by not less than two thirds of all members of parliament; and has been referred to a decision of the people and approved by them in a referendum. the office of president shall become vacanton the expiration of the period specified in this article; or if the incumbent dies or resigns or ceases to hold office under article 107 of this constitution. the president may, by writing signed by him or her, and addressed to the chief justice, resign from office as president. the resignation of the president shall take effect when it is received by the chief justice. the chief justice shall, immediately upon receiving the resignation of the president under this article, notify the vice-president, the speaker and the electoral commission of the resignation. 106. terms and conditions of service of president the president shall be paid a salary and allowances and afforded such other benefits as parliament shall by law provide. parliament shall, by law, make provision for the grant of benefits for a president who ceases to hold office otherwise than by being removed under paragraph (a) or (b) of clause (1) of article 107 of this constitution. the salary, allowances and other benefits granted to a president under this article shall be charged on the consolidated fund. the president is exempted from direct personal taxation on allowances and other benefits except on the official salary. the president shall not hold any other public office other than those conferred by this constitution or any office of profit or emolument likely to compromise the office of president. the salary, allowances and other benefits granted to the president under this article shall not be varied to the disadvantage of the president while he or she holds office. the retirement benefits granted to a president under this article shall not be varied to the disadvantage of the president. 107. removal of president the president may be removed from office in accordance with this article on any of the following groundsabuse of office or wilful violation of the oath of allegiance and the presidential oath or any provision of this constitution; misconduct or misbehaviourthat he or she has conducted himself or herself in a manner which brings or is likely to bring the office of president into hatred, ridicule, contempt or disrepute; or that he or she has dishonestly done any act or omission which is prejudicial or inimical to the economy or security of uganda; or physical or mental incapacity, namely that he or she is incapable of performing the functions of his or her office by reason of physical or mental incapacity. for the purpose of removal of the president under paragraph (a) or (b) of clause (1) of this article, a notice in writing signed by not less than one-third of all the members of parliament shall be submitted to the speakerstating that they intend to move a motion for a resolution in parliament for the removal of the president on the charge that the president haswilfully abused his or her office or wilfully violated the oath of allegiance and the presidential oath or any other provision of this constitution in terms of paragraph (a) of clause (1) of this article; misconducted himself or herself or misbehaved in terms of paragraph (b) of clause (1) of this article; and setting out the particulars of the charge supported by the necessary documents on which it is claimed that the conduct of the president be investigated for the purposes of his or her removal. the speaker shall, within twenty-four hours after receipt of the notice referred to in clause (2) of this article, cause a copy to be transmitted to the president and the chief justice. the chief justice shall, within seven days after receipt of the notice transmitted under clause (3) of this article, constitute a tribunal comprising three justices of the supreme court to investigate the allegation in the notice and to report its findings to parliament stating whether or not there is a prima facie case for the removal of the president. the president is entitled to appear at the proceedings of the tribunal and to be represented there by a lawyer or other expert or person of his or her choice. if the tribunal determines that there is a prima facie case for the removal of the president under paragraph (a) or (b) of clause (1) of this article, then if parliament passes the resolution supported by the votes of not less than two-thirds of all members of parliament, the president shall cease to hold office. for the purposes of the removal of the president on grounds of physical or mental incapacity under paragraph (c) of clause (1) of this article, there shall be submitted to the speaker a notice in writing signed by not less than one-third of all the members of parliamentstating that they intend to move a motion for a resolution in parliament for the removal of the president from office on grounds of physical or mental incapacity; and giving particulars of the alleged incapacity. the speaker shall, within twenty-four hours after receipt of a notice under clause (7) of this article, cause a copy to be transmitted to the president and the chief justice. the chief justice shall, within seven days after receipt of the notice transmitted under clause (8) of this article and in consultation with the professional head of the medical services in uganda, constitute a medical board comprising five qualified and eminent medical specialists to examine the president in respect of the alleged incapacity and to report its findings to parliament. the chief justice shall, within twenty-four hours after constituting the medical board, inform the president accordingly, and the president shall submit himself or herself to the medical board for examination within seven days. if the medical board determines that the president is by reason of physical or mental incapacity unable to perform the functions of the office of president, and parliament passes the resolution for the removal of the president supported by the votes of not less than two-thirds of all the members of parliament, the president shall cease to hold office. if the medical board, after the expiration of the period of seven days referred to in clause (10) of this article, reports that the president has failed or refused to submit to the medical board in accordance with that clause, and parliament passes the resolution for the removal of the president supported by the votes of not less than two-thirds of all the members of parliament, the president shall cease to hold office. the motion for a resolution for the removal of the president shall be moved in parliament within fourteen days after the receipt by the speaker of the report of the tribunal or the medical board. the president is entitled to appear in person and be heard and to be assisted or represented by a lawyer or other expert or person of his or her choice during the proceedings of parliament relating to the motion for a resolution under this article. 108. vice-president there shall be a vice-president of uganda. the president shall, with the approval of parliament by a simple majority, appoint a vice-president. the vice-president shalldeputise for the president as and when the need arises; and perform such other functions as may be assigned to him or her by the president, or as may be, conferred on him or her by this constitution. the qualifications prescribed for the office of president by article 102 of this constitution shall apply to the office of vice-president. the office of vice-president shall become vacant ifthe appointment is revoked by the president; or the incumbent resigns or dies. article 106 shall, subject to this constitution, apply to the vice president. where the office of vice-president becomes vacant, the president shall, with the approval of parliament, and as soon as possible but in any case not later than fourteen days, appoint a person qualified to hold the office of vice-president. the vice-president shall, before commencing to perform the functions of vice-president, take and subscribe the oath of allegiance and the oath of vice-president, specified in the fourth schedule to this constitution. 108a. prime minister there shall be a prime minister who shall be appointed by the president with the approval of parliament by simple majority from among members of parliament or persons qualified to be elected members of parliament. the prime minister shallbe the leader of government business in parliament and be responsible for the coordination and implementation of government policies across ministries, departments and other public institutions; and perform such other functions as may be assigned to him or her by the president, or as may be, conferred on him or her by this constitution or by law. the prime minister shall, in the performance of his or her functions, be individually accountable to the president and collectively responsible for any decision made by the cabinet. the office of the prime minister shall become vacant ifthe appointment is revoked by the president; the incumbent resigns or dies; or the incumbent becomes disqualified to be a member of parliament. the prime minister shall, before commencing to perform the functions of his or her office, take and subscribe the oath of allegiance and the oath of prime minister, specified in the fourth schedule to this constitution. clause (6) of article 108 applies to the prime minister with necessary modifications as it applies to the vice president. 109. absence of president if the president dies, resigns, or is removed from office under this constitution, the vice-president shall assume the office of president until fresh elections are held and the elected president assumes office in accordance with clause (8) of article 103 of this constitution. elections for the president under this article shall be held within six months after the death, resignation or removal of the president. no elections shall be held under this article if the residual term of the president is one year or less. whenever the president is for any reason unable to perform the functions of the office of president, the vice-president shall perform those functions until the president is able again to perform those functions. where the president and the vice-president are both unable to perform the functions of the office of the president, the speaker shall perform those functions until the president or the vice-president is able to perform those functions or until a new president assumes office. the vice-president shall, before assuming the duties of the office of president under clause (1) of this article, appoint a person to the office of vice-president, subject to the approval of parliament. a person appointed under clause (6) of this article, shall, before assuming the duties of the office of vice-president take and subscribe the oaths in respect of that office under clause (7) of article 108 of this constitution. before assuming the duties of the office of president under clause (5) of this article, the speaker shall take and subscribe the oaths specified in relation to that office in the fourth schedule to this constitution. whenever the speaker assumes the office of president as a result of the death, resignation or removal of the president and the vice-president, or under the provisions of clause (7) of article 104 of this constitution, a presidential election shall be held in accordance with clause (2) of this article. 110. state of emergency the president may, in consultation with the cabinet, by proclamation, declare that a state of emergency exists in uganda, or any part of uganda if the president is satisfied that circumstances exist in uganda or in that part of ugandain which uganda or that part of it is threatened by war or external aggression; or in which the security or the economic life of the country or that part, is threatened by internal insurgency or natural disaster; or which render necessary the taking of measures which are required for securing the public safety, the defence of uganda and the maintenance of public order and supplies and services essential to the life of the community. subject to the provisions of this article, a state of emergency declared under clause (1) of this article shall remain in existence for not more than ninety days and shall then expire. the president shall cause the proclamation declaring the state of emergency to be laid before parliament for approval as soon as practicable and in any case not later than fourteen days after it was issued. a state of emergency may be extended by parliament for a period not exceeding ninety days at a time. the president or parliament shall, if satisfied that the circumstances for the declaration of the state of emergency have ceased to exist, revoke the proclamation by which the state of emergency was declared. during any period when a state of emergency declared under this article exists, the president shall submit to parliament at such intervals as parliament may prescribe, regular reports on actions taken by or on behalf of the president for the purposes of the emergency. subject to the provisions of this constitution, parliament shall enact such laws as may be necessary for enabling effective measures to be taken for dealing with any state of emergency that may be declared under this article. any resolution passed by parliament for the purposes of clause (4) or (5) of this article shall be supported by the votes of more than one-half of all the members of parliament. the cabinet 111. the cabinet there shall be a cabinet which shall consist of the president, the vice-president, the prime minister and such number of ministers as may appear to the president to be reasonably necessary for the efficient running of the state. the functions of the cabinet shall be to determine, formulate and implement the policy of the government and to perform such other functions as may be conferred by this constitution or any other law. there shall be a secretary to the cabinet who shall be appointed by the president in consultation with the public service commission. the secretary to the cabinet shall have charge of the cabinet office and shall be responsible in accordance with such instructions as may be given to him or her by the president, for arranging the business for and keeping the minutes of the cabinet and for conveying the decisions of the cabinet to the appropriate person or authority and shall perform such other functions as the president may direct. the secretary to the cabinet shall, before assuming the duties of his or her office, take and subscribe the oath of allegiance and the oath of secretary to the cabinet specified in the fourth schedule to this constitution. 112. meetings of cabinet cabinet meetings shall be summoned and presided over by the president and in his or her absence, by the vice-president or in the absence of both of them, by a minister designated in writing by the president. the cabinet shall regulate the procedure of its meetings. 113. cabinet ministers cabinet ministers shall be appointed by the president with the approval of parliament from among members of parliament or persons qualified to be elected members of parliament. the total number of cabinet ministers shall not exceed twenty-one except with the approval of parliament. a cabinet minister shall have responsibility for such functions of government as the president may, from time to time, assign to him or her. a minister shall not hold any office of profit or emolument likely to compromise his or her office. 114. other ministers the president may, with the approval of parliament, appoint other ministers to assist cabinet ministers in the performance of their functions. subject to the provisions of this article, clause (1) of article 113 of this constitution shall apply to the appointment of ministers under clause (1) of this article. the total number of ministers appointed under this article shall not exceed twenty-one except with the approval of parliament. a minister referred to in this article shall have responsibility for such functions of the ministry to which he or she is appointed, as the president may, from time to time, assign to him or her; and in the absence of the cabinet minister in his or her ministry, shall perform the functions of the cabinet minister as the president directs. clause (4) of article 113 of this constitution applies to a minister referred to in clause (1) of this article. 115. oath of minister a minister shall, before assuming the duties of office take and subscribe the oath of allegiance and the oath of minister specified in the fourth schedule to this constitution. 116. vacation of office of minister the office of a minister shall become vacantif the appointment of the holder of the office is revoked by the president; or if the holderresigns; becomes disqualified to be a member of parliament; or dies. 117. responsibility of ministers ministers shall, individually be accountable to the president for the administration of their ministries and collectively be responsible for any decision made by the cabinet. 118. vote of censure parliament may, by resolution supported by more than half of all members of parliament, pass a vote of censure against a minister on any of the following groundsabuse of office or wilful violation of the oath of allegiance or oath of office; misconduct or misbehaviour; physical or mental incapacity, namely, that he or she is incapable of performing the functions of his or her office by reason of physical or mental incapacity; mismanagement; or incompetence. upon a vote of censure being passed against a minister, the president shall, unless the minister resigns his or her office, take appropriate action in the matter. proceedings for censure of a minister shall be initiated by a petition to the president through the speaker signed by not less than one-third of all members of parliament giving notice that they are dissatisfied with the conduct or performance of the minister and intend to move a motion for a resolution of censure and setting out particulars of the grounds in support of the motion. the president shall, upon receipt of the petition, cause a copy of it to be given to the minister in question. the motion for the resolution of censure shall not be debated until the expiry of thirty days after the petition was sent to the president. a minister in respect of whom a vote of censure is debated under clause (5) of this article is entitled during the debate to be heard in his or her defence. 119. attorney-general there shall be an attorney-general who shall be a cabinet minister appointed by the president with the approval of parliament. a person shall not be qualified to be appointed attorney-general unless he or she is qualified to practise as an advocate of the high court and has so practised or gained the necessary experience for not less than ten years. the attorney-general shall be the principal legal adviser of the government. the functions of the attorney-general shall include the followingto give legal advice and legal services to the government on any subject; to draw and peruse agreements, contracts, treaties, conventions and documents by whatever name called, to which the government is a party or in respect of which the government has an interest; to represent the government in courts or any other legal proceedings to which the government is a party; and to perform such other functions as may be assigned to him or her by the president or by law. subject to the provisions of this constitution, no agreement, contract, treaty, convention or document by whatever name called, to which the government is a party or in respect of which the government has an interest, shall be concluded without legal advice from the attorney-general, except in such cases and subject to such conditions as parliament may by law prescribe. until parliament makes the law referred to in clause (5) of this article, the attorney-general may, by statutory instrument, exempt any particular category of agreement or contract none of the parties to which is a foreign government or its agency or an international organisation from the application of that clause. 119a. deputy attorney-general there shall be a deputy attorney general who shall be a minister appointed by the president under article 114 with the approval of parliament. a person shall not be qualified to be appointed deputy attorney general unless he or she is qualified to practise as an advocate of the high court and has so practiced or gained the necessary experience for not less than seven years. the deputy attorney general shall deputise for the attorney general. director of public prosecutions 120. director of public prosecutions there shall be a director of public prosecutions appointed by the president on the recommendation of the public service commission and with the approval of parliament. a person is not qualified to be appointed director of public prosecutions unless he or she is qualified to be appointed a judge of the high court. the functions of the director of public prosecutions are the followingto direct the police to investigate any information of a criminal nature and to report to him or her expeditiously; to institute criminal proceedings against any person or authority in any court with competent jurisdiction other than a court martial; to take over and continue any criminal proceedings instituted by any other person or authority; to discontinue at any stage before judgement is delivered, any criminal proceedings to which this article relates, instituted by himself or herself or any other person or authority; except that the director of public prosecutions shall not discontinue any proceedings commenced by another person or authority except with the consent of the court. the functions conferred on the director of public prosecutions under clause (3) of this articlemay, in the case of the functions under paragraphs (a), (b) and (c) of clause (3) of this article, be exercised by him or her in person or by officers authorised by him or her in accordance with general or specified instructions; and shall, in the case of the functions under paragraph (d) of that clause, be exercised by him or her exclusively. in exercising his or her powers under this article, the director of public prosecutions shall have regard to the public interest, the interest of the administration of justice and the need to prevent abuse of legal process. in the exercise of the functions conferred on him or her by this article, the director of public prosecutions shall not be subject to the direction or control of any person or authority. the director of public prosecutions shall have the same terms and conditions of service as those of a high court judge. prerogative mercy 121. prerogative of mercy there shall be an advisory committee on the prerogative of mercy which shall consist ofthe attorney-general who shall be chairperson; and six prominent citizens of uganda appointed by the president. a person shall not be qualified for appointment as a member of the committee if he or she is a member of parliament, the uganda law society or a district council. a member appointed under paragraph (b) of clause (1) of this article shall serve for a period of four years and shall cease to be a member of the committeeif circumstances arise that would disqualify him or her from appointment; or if removed by the president for inability to perform the functions of his or her office arising from infirmity of body or mind or for misbehaviour, misconduct or incompetence. the president may, on the advice of the committeegrant to any person convicted of an offence, a pardon either free or subject to lawful conditions; grant to a person a respite, either indefinite or for a specified period, from the execution of punishment imposed on him or her for an offence; substitute a less severe form of punishment for a punishment imposed on a person for an offence; or remit the whole or part of a punishment imposed on a person or of a penalty or forfeiture otherwise due to government on account of any offence. where a person is sentenced to death for an offence, a written report of the case from the trial judge or judges or person presiding over the court or tribunal, together with such other information derived from the record of the case or elsewhere as may be necessary, shall be submitted to the advisory committee on the prerogative of mercy. a reference in this article to conviction or imposition of a punishment, sentence, or forfeiture includes conviction or imposition of a punishment, penalty, sentence or forfeiture by a court martial or other military tribunal except a field court martial. international relations 122. diplomatic representation the president may, with the approval of parliament, appoint ambassadors and heads of diplomatic missions. the president may receive envoys accredited to uganda. 123. execution of treaties, conventions and agreements the president or a person authorised by the president may make treaties, conventions, agreements, or other arrangements between uganda and any other country or between uganda and any international organisation or body, in respect of any matter. parliament shall make laws to govern ratification of treaties, conventions, agreements or other arrangements made under clause (1) of this article. declaration of a state of war 124. declaration of a state of war the president may, with the approval of parliament, given by resolution supported by not less than two-thirds of all the members of parliament, declare that a state of war exists between uganda and any other country. where it is impracticable to seek the approval of parliament before declaration of a state of war, the president may declare a state of war without the approval but shall seek the approval immediately after the declaration and in any case not later than seventy-two hours after the declaration. where the president makes the declaration of a state of war under clause (2) when parliament is in recess, the speaker shall, immediately summon parliament to an emergency session to sit within seventy-two hours after the declaration of a state of war. the president may, with the approval of parliament, given by resolution, revoke a declaration of a state of war made under clause (1) or (2) of this article. national planning authority 125. national planning authority there shall be a national planning authority whose composition and functions shall be prescribed by parliament. chapter 8. the judiciary administration of justice 126. exercise of judicial power judicial power is derived from the people and shall be exercised by the courts established under this constitution in the name of the people and in conformity with law and with the values, norms and aspirations of the people. in adjudicating cases of both a civil and criminal nature, the courts shall, subject to the law, apply the following principlesjustice shall be done to all irrespective of their social or economic status; justice shall not be delayed; adequate compensation shall be awarded to victims of wrongs; reconciliation between parties shall be promoted; and substantive justice shall be administered without undue regard to technicalities. 127. participation of the people in the administration of justice parliament shall make law providing for participation of the people in the administration of justice by the courts. 128. independence of the judiciary in the exercise of judicial power, the courts shall be independent and shall not be subject to the control or direction of any person or authority. no person or authority shall interfere with the courts or judicial officers in the exercise of their judicial functions. all organs and agencies of the state shall accord to the courts such assistance as may be required to ensure the effectiveness of the courts. a person exercising judicial power shall not be liable to any action or suit for any act or omission by that person in the exercise of judicial power. the administrative expenses of the judiciary including all salaries, allowances, gratuities and pensions payable to or in respect of persons serving in the judiciary, shall be charged on the consolidated fund. the judiciary shall be self-accounting and may deal directly with the ministry responsible for finance in relation to its finances. the salary, allowances, privileges and retirement benefits and other conditions of service of a judicial officer or other person exercising judicial power, shall not be varied to his or her disadvantage. the office of the chief justice, deputy chief justice, principal judge, a justice of the supreme court, a justice of appeal or a judge of the high court shall not be abolished when there is a substantive holder of that office. the courts of judicature 129. the courts of judicature the judicial power of uganda shall be exercised by the courts of judicature which shall consist ofthe supreme court of uganda; the court of appeal of uganda; the high court of uganda; and such subordinate courts as parliament may by law establish, including qadhis' courts for marriage, divorce, inheritance of property and guardianship, as may be prescribed by parliament. the supreme court, the court of appeal and the high court of uganda shall be superior courts of record and shall each have all the powers of such a court. subject to the provisions of this constitution, parliament may make provision for the jurisdiction and procedure of the courts. the supreme court of uganda 130. supreme court of uganda the supreme court shall consist ofthe chief justice; and such number of justices of the supreme court not being less than six, as parliament may by law prescribe. 131. composition of the supreme court the supreme court shall be duly constituted at any sitting if it consists of an uneven number not being less than five members of the court. when hearing appeals from the decisions of the court of appeal sitting as a constitutional court, the supreme court shall consist of seven members of the supreme court. the chief justice shall preside at each sitting of the supreme court and in the absence of the chief justice, the most senior member of the court as constituted shall preside. 132. jurisdiction of supreme court the supreme court shall be the final court of appeal. an appeal shall lie to the supreme court from such decisions of the court of appeal as may be prescribed by law. any party aggrieved by a decision of the court of appeal sitting as a constitutional court is entitled to appeal to the supreme court against the decision; and accordingly, an appeal shall lie to the supreme court under clause (2) of this article. the supreme court may, while treating its own previous decisions as normally binding, depart from a previous decision when it appears to it right to do so; and all other courts shall be bound to follow the decisions of the supreme court on questions of law. 133. administrative functions of the chief justice the chief justiceshall be the head of the judiciary and shall be responsible for the administration and supervision of all courts in uganda; and may issue orders and directions to the courts necessary for the proper and efficient administration of justice. where the office of the chief justice is vacant or where the chief justice is for any reason unable to perform the functions of his or her office, then until a person has been appointed to and has assumed the functions of that office or until the chief justice has resumed the performance of those functions, those functions shall be performed by the deputy chief justice. the court of appeal of uganda 134. court of appeal of uganda the court of appeal of uganda shall consist ofthe deputy chief justice; and such number of justices of appeal not being less than seven as parliament may by law prescribe. an appeal shall lie to the court of appeal from such decisions of the high court as may be prescribed by law. 135. composition of the court of appeal the court of appeal shall be duly constituted at any sitting if it consists of an uneven number not being less than three members of the court. the deputy chief justice shall preside at each sitting of the court and in the absence of the deputy chief justice, the most senior member of the court as constituted shall preside. the chief justice, in consultation with the deputy chief justice, may create divisions of the court of appeal as the chief justice may consider necessaryconsisting of such numbers of justices of appeal as may be assigned to them by the chief justice; sitting at such places in uganda as the chief justice may, after consultation with the attorney-general, by statutory order, determine. 136. administrative functions of the deputy chief justice subject to the provisions of article 133 of this constitution, the deputy chief justice shalldeputise for the chief justice as and when the need arises; be the head of the court of appeal and in that capacity assist the chief justice in the administration of that court; and perform such other functions as may be delegated or assigned to him or her by the chief justice. wherethe office of the deputy chief justice is vacant; or the deputy chief justice is acting as chief justice; or the deputy chief justice is for any reason unable to perform the functions of his or her office; then, until a person has been appointed to and has assumed the functions of the office of the deputy chief justice, those functions shall be performed by a justice of the supreme court or a justice of appeal designated by the president, after consultation with the chief justice, or the acting chief justice, as the case may be. the constitutional court 137. questions as to interpretation of the constitution any question as to the interpretation of this constitution shall be determined by the court of appeal sitting as the constitutional court. when sitting as a constitutional court, the court of appeal shall consist of a bench of five members of that court. a person who alleges thatan act of parliament or any other law or anything in or done under the authority of any law; or any act or omission by any person or authority, is inconsistent with or in contravention of a provision of this constitution, may petition the constitutional court for a declaration to that effect, and for redress where appropriate. where upon determination of the petition under clause (3) of this article the constitutional court considers that there is need for redress in addition to the declaration sought, the constitutional court maygrant an order of redress; or refer the matter to the high court to investigate and determine the appropriate redress. where any question as to the interpretation of this constitution arises in any proceedings in a court of law other than a field court martial, the courtmay, if it is of the opinion that the question involves a substantial question of law; and shall, if any party to the proceedings requests it to do so, refer the question to the constitutional court for decision in accordance with clause (1) of this article. where any question is referred to the constitutional court under clause (5) of this article, the constitutional court shall give its decision on the question and the court in which the question arises shall dispose of the case in accordance with that decision. upon a petition being made or a question being referred under this article, the court of appeal shall proceed to hear and determine the petition as soon as possible and may, for that purpose, suspend any other matter pending before it. the high court of uganda 138. high court of uganda the high court of uganda shall consist ofthe principal judge; and such number of judges of the high court as may be prescribed by parliament. the high court shall sit in such places as the chief justice may, in consultation with the principal judge, appoint; and in so doing, the chief justice shall, as far as practicable, ensure that the high court is accessible to all the people. 139. jurisdiction of high court the high court shall, subject to the provisions of this constitution, have unlimited original jurisdiction in all matters and such appellate and other jurisdiction as may be conferred on it by this constitution or other law. subject to the provisions of this constitution and any other law, the decisions of any court lower than the high court shall be appealable to the high court. 140. hearing of election cases where any question is before the high court for determination under clause (1) of article 86 of this constitution, the high court shall proceed to hear and determine the question expeditiously and may, for that purpose, suspend any other matter pending before it. this article shall apply in a similar manner to the court of appeal and the supreme court when hearing and determining appeals on questions referred to in clause (1) of this article. 141. administrative functions of the principle judge subject to the provisions of article 133 of this constitution, the principal judge shallbe the head of the high court, and shall, in that capacity, assist the chief justice in the administration of the high court and subordinate courts; and perform such other functions as may be delegated or assigned to him or her by the chief justice. wherethe office of principal judge is vacant; or the principal judge is for any reason unable to perform the functions of his or her office, then, until a person has been appointed to and has assumed the functions of that office, or until the principal judge has resumed those functions, those functions shall be performed by a judge of the high court designated by the president after consultation with the chief justice. appointments qualifications and tenure of office of judicial officers 142. appointment of judicial officers the chief justice, the deputy chief justice, the principal judge, a justice of the supreme court, a justice of appeal and a judge of the high court shall be appointed by the president acting on the advice of the judicial service commission and with the approval of parliament. wherethe office of a justice of the supreme court or a justice of appeal or a judge of the high court is vacant; or a justice of the supreme court or a justice of appeal or a judge of the high court is for any reason unable to perform the functions of his or her office; or the chief justice advises the judicial service commission that the state of business in the supreme court, court of appeal or the high court so requires, the president may, acting on the advice of the judicial service commission, appoint a person qualified for appointment as a justice of the supreme court or a justice of appeal or a judge of the high court to act as such a justice or judge even though that person has attained the age prescribed for retirement in respect of that office. a person appointed under clause (2) of this article to act as a justice of the supreme court, a justice of appeal or a judge of the high court shall continue to act for the period of the appointment or, if no period is specified, until the appointment is revoked by the president acting on the advice of the judicial service commission, whichever is the earlier. 143. qualifications for appointment of judicial officers a person shall be qualified for appointment aschief justice, if he or she has served as a justice of the supreme court of uganda or of a court having similar jurisdiction or has practised as an advocate for a period not less than twenty years before a court having unlimited jurisdiction in civil and criminal matters; deputy chief justice or principal judge, if he or she has served as a justice of the supreme court or as a justice of appeal or as a judge of the high court or a court of similar jurisdiction to such a court or has practised as an advocate for a period not less than fifteen years before a court having unlimited jurisdiction in civil and criminal matters; a justice of the supreme court if he or she has served as a justice of appeal or a judge of the high court or a court of similar jurisdiction to such a court or has practised as an advocate for a period not less than fifteen years before a court having unlimited jurisdiction in civil and criminal matters; a justice of appeal, if he or she has served as a judge of the high court or a court having similar or higher jurisdiction or has practised as an advocate for a period not less than ten years before a court having unlimited jurisdiction in civil and criminal matters or is a distinguished jurist and an advocate of not less than ten years standing; a judge of the high court, if he or she is or has been a judge of a court having unlimited jurisdiction in civil and criminal matters or a court having jurisdiction in appeals from any such court or has practised as an advocate for a period not less than ten years before a court having unlimited jurisdiction in civil and criminal matters. any period during which a person has practised as a public officer holding an office for which qualifications as an advocate is required, shall be counted in the calculation of any period of practice required under clause (1) of this article even though that person does not have a practising certificate. 144. tenure of office of judicial officers a judicial officer may retire at any time after attaining the age of sixty years, and shall vacate his or her officein the case of the chief justice, the deputy chief justice, a justice of the supreme court and a justice of appeal, on attaining the age of seventy years; and in the case of the principal judge and a judge of the high court, on attaining the age of sixty five years; or in each case, subject to clause (7) of article 128 of this constitution, on attaining such other age as may be prescribed by parliament by law; but a judicial officer may continue in office after attaining the age at which he or she is required by this clause to vacate office, for a period not exceeding three months necessary to enable him or her to complete any work pending before him or her. a judicial officer may be removed from office only forinability to perform the functions of his or her office arising from infirmity of body or mind; misbehaviour or misconduct; or incompetence; but only in accordance with the provisions of this article. the president shall remove a judicial officer if the question of his or her removal has been referred to a tribunal appointed under clause (4) of this article and the tribunal has recommended to the president that he or she ought to be removed from office on any ground described in clause (2) of this article. the question whether the removal of a judicial officer should be investigated shall be referred to the president by either the judicial service commission or the cabinet with advice that the president should appoint a tribunal; and the president shall then appoint a tribunal consisting ofin the case of the chief justice, the deputy chief justice or the principal judge, five persons who are or have been justices of the supreme court or are or have been judges of a court having similar jurisdiction or who are advocates of at least twenty years standing; or in the case of a justice of the supreme court or a justice of appeal, three persons who are or have been justices of the supreme court or who are or have been judges of a court of similar jurisdiction or who are advocates of at least fifteen years standing; or in the case of a judge of the high court, three persons who are or have held office as judges of a court having unlimited jurisdiction in civil and criminal matters or a court having jurisdiction in appeals from such a court or who are advocates of at least ten years standing. if the question of removing a judicial officer is referred to a tribunal under this article, the president shall suspend the judicial officer from performing the functions of his or her office. a suspension under clause (5) of this article shall cease to have effect if the tribunal advises the president that the judicial officer suspended should not be removed. for the purposes of this article, "judicial officer" means the chief justice, the deputy chief justice, the principal judge, a justice of the supreme court, a justice of appeal or a judge of the high court. 145. registrars there shall be in the judiciary the office of chief registrar and such number of registrars as parliament may by law prescribe. the chief registrar and a registrar shall be appointed by the president on the advice of the judicial service commission. judicial service commission 146. judicial service commission there shall be a judicial service commission. the judicial service commission shall, subject to clause (3) of this article, consist of the following persons who shall be appointed by the president with the approval of parliamenta chairperson and a deputy chairperson who shall be persons qualified to be appointed as justices of the supreme court, other than the chief justice, the deputy chief justice and the principal judge; one person nominated by the public service commission; two advocates of not less than fifteen years' standing nominated by the uganda law society; one judge of the supreme court nominated by the president in consultation with the judges of the supreme court, the justices of appeal and judges of the high court; and two members of the public, who shall not be lawyers, nominated by the president. the attorney-general shall be an ex-officio member of the commission. the chief justice, the deputy chief justice and principal judge shall not be appointed to be chairperson, deputy chairperson or member of the judicial service commission. a person is not qualified to be appointed a member of the judicial service commission unless the person is of high moral character and proven integrity. the office of chairperson shall be full-time and a person shall not engage in private legal practice while holding that office. subject to the provisions of this article, a member of the judicial service commission shall vacate his or her officeat the expiration of four years from the date of his or her appointment but is eligible for reappointment for one more term; or if he or she is elected or appointed to any office determined by parliament to be likely to compromise the independence of the judicial service commission; or on being removed by the president; but the president may only remove a member for inability to perform the functions of his or her office arising from infirmity of body or mind or for misbehaviour, misconduct or incompetence. there shall be a secretary to the judicial service commission who shall be appointed by the president on the advice of the public service commission. 147. functions of judicial service commission the functions of the judicial service commission areto advise the president in the exercise of the president's power to appoint persons to hold or act in any office specified in clause (3) of this article, which includes power to confirm appointments, to exercise disciplinary control over such persons and to remove them from office; subject to the provisions of this constitution, to review and make recommendations on the terms and conditions of service of judges, other judicial officers and staff of the judiciary appointed in accordance with article 148 a of this constitution; to prepare and implement programmes for the education of, and for the dissemination of information to judicial officers and the public about law and the administration of justice; to receive and process people's recommendations and complaints concerning the judiciary and the administration of justice and generally, to act as a link between the people and the judiciary; to advise the government on improving the administration of justice; and any other function prescribed by this constitution or by parliament. in the performance of its functions, the judicial service commission shall be independent and shall not be subject to the direction or control of any person or authority. the offices referred to in paragraph (a) of clause (1) of this article arethe office of the chief justice, the deputy chief justice, the principal judge, a justice of the supreme court, a justice of appeal and a judge of the high court; and the office of chief registrar and registrar. 148. appointment of other judicial officers subject to the provisions of this constitution, the judicial service commission may appoint persons to hold or act in any judicial office other than the offices specified in clause (3) of article 147 of this constitution and confirm appointments in and exercise disciplinary control over persons holding or acting in such offices and remove such persons from office. 148a. appointment of staff of the judiciary notwithstanding article 172(1)(b), the judicial service commission shall be responsible for the appointment, discipline and removal of such staff of the judiciary as may be prescribed by parliament by law. 149. judicial oath every judicial officer shall, before assuming the duties of his or her office, take and subscribe the oath of allegiance and the judicial oath specified in the fourth schedule to this constitution. 150. power to make laws relating to judiciary subject to the provisions of this constitution, parliament may make laws providing for the structures, procedures and functions of the judiciary. without prejudice to clause (1) of this article, parliament may make laws for regulating and facilitating the discharge by the president and the judicial service commission of their functions under this chapter. 151. interpretation in this chapter, unless the context otherwise requires "judicial officer" meansa judge or any person who presides over a court or tribunal howsoever described; the chief registrar or a registrar of a court; such other person holding any office connected with a court as may be prescribed by law. chapter 9. finance general 152. taxation no tax shall be imposed except under the authority of an act of parliament. where a law enacted under clause (1) of this article confers powers on any person or authority to waive or vary a tax imposed by that law, that person or authority shall report to parliament periodically on the exercise of those powers, as shall be determined by law. parliament shall make laws to establish tax tribunals for the purposes of settling tax disputes. 153. consolidated fund there shall be a consolidated fund into which shall be paid all revenues or other moneys raised or received for the purpose of, or on behalf of, or in trust for the government. the revenues or other moneys referred to in clause (1) of this article shall not include revenues or other moneysthat are payable by or under an act of parliament, into some other fund established for a specific purpose; or that may, under an act of parliament, be retained by the department of government that received them for the purposes of defraying the expenses of that department. 154. withdrawal from the consolidated fund no moneys shall be withdrawn from the consolidated fund exceptto meet expenditure charged on the fund by this constitution or by an act of parliament; or where the issue of those moneys has been authorised by an appropriation act a supplementary appropriation act or as provided under clause (4) of this article. no moneys shall be withdrawn from any public fund of uganda other than the consolidated fund, unless the issue of those moneys has been authorised by law. no moneys shall be withdrawn from the consolidated fund unless the withdrawal has been approved by the auditor-general and in the manner prescribed by parliament. if the president is satisfied that the appropriation act in respect of any financial year, will not or has not come into operation by the beginning of that financial year, the president may, subject to the provisions of this article, authorise the issue of moneys from the consolidated fund account for the purposes of meeting expenditure necessary to carry on the services of the government until the expiration of four months from the beginning of that financial year or the coming into operation of the appropriation act, whichever is the earlier. any sum issued in any financial year from the consolidated fund account under clause (4) of this article in respect of any service of the governmentshall not exceed the amount shown as required on account in respect of that service in the vote on account approved by parliament by resolution for that financial year; and shall be set off against the amount provided in respect of that service in the appropriation act for that financial year when that law comes into operation. 155. financial year estimates the president shall cause to be prepared and laid before parliament in each financial year but in any case not later than the fifteenth day before the commencement of the financial year, estimates of revenues and expenditure of government for the next financial year. the head of any self-accounting department, commission or organisation set up under this constitution, shall cause to be submitted to the president at least two months before the end of each financial year, estimates of administrative and development expenditure and estimates of revenues of the respective department, commission or organisation for the following year. the estimates prepared under clause (2) of this article shall be laid before parliament by the president under clause (1) of this article without revision but with any recommendations that the government may have on them. at any time before parliament considers the estimates of revenues and expenditure laid before it by or on the authority of the president, an appropriate committee of parliament may discuss and review the estimates and make appropriate recommendations to parliament. notwithstanding the provisions of clause (1) of this article, the president may cause to be prepared and laid before parliamentfiscal and monetary programmes and plans for economic and social development covering periods exceeding one year; estimates of revenue and expenditure covering periods exceeding one year. parliament may make laws for giving effect to the provisions of this article. 156. appropriation bill the heads of expenditure contained in the estimates, other than expenditure charged on the consolidated fund by this constitution or any act of parliament, shall be included in a bill to be known as an appropriation bill which shall be introduced into parliament to provide for the issue from the consolidated fund of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified in the bill. if in respect of any financial year it is foundthat the amount appropriated for any purpose under the appropriation act is insufficient or that a need has arisen for expenditure for a purpose for which no amount has been appropriated by that act; or that any moneys have been expended for any purpose in excess of the amount appropriated for that purpose or for a purpose for which amount has been appropriated by that act, a supplementary estimate showing the sums required or spent shall be laid down before parliament and in the case of excess expenditure, within four months after the money is spent. where, in respect of any financial year, a supplementary estimate or supplementary estimates have been approved by parliament in accordance with clause (2) of this article, a supplementary appropriation bill shall be introduced into parliament in the financial year next following that financial year to which the estimates relate, providing for the appropriation of the sums so approved for the purposes specified in those estimates. 157. contingencies fund parliament shall make provision for the establishment of a contingencies fund and shall make laws to regulate the operations of that fund. 158. offices the remuneration of which is charged on consolidated fund where any salary or allowance of the holder of any office is charged on the consolidated fund, it shall not be altered to his or her disadvantage after he or she has been appointed to that office. subject to the provisions of this constitution, parliament shall prescribe the offices, the salaries and allowances in respect of which are charged on the consolidated fund by this constitution. 159. power of government to borrow or lend subject to the provisions of this constitution, government may borrow from any source. government shall not borrow, guarantee, or raise a loan on behalf of itself or any other public institution, authority or person except as authorised by or under an act of parliament. an act of parliament made under clause (2) of this article shall providethat the terms and conditions of the loan shall be laid before parliament and shall not come into operation unless they have been approved by a resolution of parliament; and that any moneys received in respect of that loan shall be paid into the consolidated fund and form part of that fund or into some other public fund which is existing or is created for the purpose of the loan. the president shall, at such times as parliament may determine, cause to be presented to parliament such information concerning any loan as is necessary to showthe extent of the total indebtedness by way of principal and accumulated interest; the provision made for servicing or repayment of the loan; and the utilisation and performance of the loan. parliament may, by resolution, authorise the government to enter into an agreement for the giving of a loan or a grant out of any public fund or public account. an agreement entered into under clause (5) of this article shall be laid before parliament and shall not come into operation unless it has been approved by parliament by resolution. for the purposes of this article, the expression "loan" includes any money lent or given to or by the government on condition of return or repayment and any other form of borrowing or lending in respect of whichmoneys from the consolidated fund or any other public fund may be used for payment or repayment; or moneys from any fund by whatever name called, established for the purposes of payment or repayment whether in whole or in part and whether directly or indirectly, may be used for payment or repayment. parliament may by law exempt any categories of loans from the provisions of clauses (2) and (3) of this article, subject to such conditions as parliament may prescribe. 160. public debt the public debt of uganda shall be charged on the consolidated fund and other public funds of uganda. for the purposes of this article, the public debt includes the interest on that debt, sinking fund payments in respect of that debt and the costs, charges and expenses incidental to the management of that debt. central bank of uganda 161. the central bank the bank of uganda shall be the central bank of uganda and it shall be the only authority to issue the currency of uganda. the authority of the bank of uganda shall vest in a board which shall consist of a governor, a deputy governor and not more than five other members. the governor, the deputy governor and all other members of the board shallbe appointed by the president with the approval of parliament; hold office for a term of five years but shall be eligible for re-appointment. the office of governor and deputy governor shall each be a public office and the governor and deputy governor shall respectively be chairperson and deputy chairperson of the board. the governor, the deputy governor or any other member of the board may be removed from office by the president only forinability to perform the functions of his or her office arising from infirmity of body or mind; misbehaviour or misconduct; or incompetence. 162. functions of the bank the bank of uganda shallpromote and maintain the stability of the value of the currency of uganda; regulate the currency system in the interest of the economic progress of uganda; encourage and promote economic development, and the efficient utilisation of the resources of uganda through effective and efficient operation of a banking and credit system; and do all such other things not inconsistent with this article, as may be prescribed by law. in performing its functions, the bank of uganda shall conform to this constitution but shall not be subject to the direction or control of any person or authority. subject to the provisions of this constitution, parliament may make laws prescribing and regulating the functions of the bank of uganda. auditor-general 163. auditor-general there shall be an auditor-general who shall be appointed by the president with the approval of parliament. a person shall not be appointed auditor-general unless that personis a qualified accountant of not less than fifteen years' standing; and is a person of high moral character and proven integrity. the auditor-general shallaudit and report on the public accounts of uganda and of all public offices including the courts, the central and local government administrations, universities and public institutions of like nature, and any public corporation or other bodies or organisations established by an act of parliament; and conduct financial and value for money audits in respect of any project involving public funds. in consultation with the public service commission, employ and discipline his or her own staff; have power to engage private auditors to assist him or her in the performance of his or her functions. the auditor-general shall submit to parliament annually a report of the accounts audited by him or her under clause (3) of this article for the financial year immediately preceding. parliament shall, within six months after the submission of the report referred to in clause (4) of this article, debate and consider the report and take appropriate action. subject to clause (7) of this article, in performing his or her functions, the auditor-general shall not be under the direction or control of any person or authority. the president may, acting in accordance with the advice of the cabinet, require the auditor-general to audit the accounts of any body or organisation referred to in clause (3) of this article. the salary and allowances payable to the auditor-general shall be charged on the consolidated fund. the accounts of the office of the auditor-general shall be audited and reported upon by an auditor appointed by parliament. the auditor-general may be removed from office by the president only forinability to perform the functions of his or her office arising from infirmity of body or mind; misbehaviour or misconduct; or incompetence. the auditor general may retire at any time after attaining the age of 60 years, and shall vacate office on attaining the age of 70 years. the auditor general shall vacate office if he or she is under a sentence of death or a sentence of imprisonment exceeding nine months without the option of a fine, imposed by a competent court. any question for the removal of the auditor general shall be referred to a tribunal appointed by the president, which shall submit its findings to the president; and the president may remove the auditor general if the tribunal recommends that he or she should be removed on any of the grounds specified in clause (10). where the question for removal of the auditor general involves an allegation that the auditor general is incapable of performing the functions of his or her office arising from infirmity of body or mind, the president shall, on the advice of the head of the health services of uganda, appoint a medical board which shall investigate the matter and report its findings to the president with a copy to the tribunal. where a tribunal is appointed by the president under clause (13) in respect of the auditor general, the president shall suspend that auditor general from performing the functions of his or her office. a suspension under clause (15) shall cease to have effect if the tribunal advises the president that the auditor general suspended should not be removed. parliament shall make laws to regulate and facilitate the performance of the functions of the auditor general. 164. accountability the permanent secretary or the accounting officer in charge of a ministry or department shall be accountable to parliament for the funds in that ministry or department. any person holding a political or public office who directs or concurs in the use of public funds contrary to existing instructions shall be accountable for any loss arising from that use and shall be required to make good the loss even if he or she has ceased to hold that office. parliament shall monitor all expenditure of public funds. chapter 10. the public service public service commission 165. public service commission there shall be a public service commission. the commission shall consist of a chairperson, a deputy chairperson and seven other members appointed by the president with the approval of parliament. a person is not qualified to be appointed a member of the commission unless he or she is of high moral character and proven integrity. a person holding any of the following offices shall relinquish his or her position in that office on appointment as a member of the commissiona member of parliament; a member of a local government council; a member of the executive of a political party or political organisation; or a public officer. a member of the commission shall hold office for a term of four years but is eligible for reappointment; except that of the first members appointed under this constitution, four shall be appointed to hold office for three years which shall be specified in their instruments of appointment. the emoluments of the members of the commission shall be prescribed by parliament and shall be charged on the consolidated fund. in the absence of both the chairperson and the deputy chairperson, the president may designate one of the members to act as chairperson. a member of the commission may be removed from office by the president only forinability to perform the functions of his or her office arising from infirmity of body or mind; misbehaviour or misconduct; or incompetence. 166. functions of public service commission except as otherwise provided in this constitution, the functions of the public service commission includeto advise the president in performing his or her functions under article 172 of this constitution; to appoint, promote and exercise disciplinary control over persons holding office in the public service of uganda as provided in article 172 of this constitution; to review the terms and conditions of service, standing orders, training and qualifications of public officers and matters connected with personnel management and development of the public service and make recommendations on them to government; to guide and co-ordinate district service commissions; to hear and determine grievances from persons appointed by district service commissions; and to perform such other functions as may be prescribed by this constitution or any other law. in the exercise of its functions, the public service commission shall be independent and shall not be subject to the direction or control of any person or authority; except that it shall take into account government policy relating to the public service. the commission shall make a report to parliament in respect of each year, on the performance of its functions. parliament shall, by law, empower the public service commission to make regulations for the effective and efficient performance of its functions under this constitution or any other law. education service commission 167. education service commission there shall be an education service commission. the commission shall consist of a chairperson and six other members appointed by the president with the approval of parliament. the president shall appoint not more than two members of the commission as deputy chairpersons of the commission. a person is not qualified to be a member of the commission unless he or she is of high moral character and proven integrity and has substantial experience in the field of education. a person holding any of the following offices shall relinquish his or her position in that office on appointment as a member of the commissiona member of parliament; a member of a local government council; a member of the executive of a political party or political organisation; a member of any board or other authority responsible for the management of any school or college; or a public officer. a member of the education service commission shall hold office for four years but is eligible for re-appointment; except that of the first members appointed under this constitution, three shall be appointed to hold office for three years which shall be specified in their instruments of appointment. the emoluments of members of the commission shall be prescribed by parliament and shall be charged on the consolidated fund. in the absence of both the chairperson and deputy chairpersons, the president may designate one of the members to act as chairperson. a member of the commission may be removed from office by the president only forinability to perform the functions of his or her office arising from infirmity of body or mind; or misbehaviour or misconduct; or incompetence. 168. functions of education service commission subject to the provisions of this constitution, the education service commission shalladvise the president in performing, in relation to the education service, his or her functions under article 172 of this constitution; have power to appoint persons to hold or act in any office in the education service, including the power to confirm such appointments, to exercise disciplinary control over those persons and to remove them from office; review the terms and conditions of service, standing orders, training and qualifications of public officers in the education service and matters connected with their management and welfare and make recommendations on them to government; perform such other functions as may be prescribed by this constitution or any other law. in the exercise of its functions, the commission shall be independent and shall not be subject to the direction or control of any person or authority; except that it shall take into account government policy relating to education. the commission may, by writing, delegate any of its functions to a district service commission or any other authority or officer. the commission shall make a report to parliament in respect of each year, on the performance of its functions. subject to the provisions of this article, parliament shall by law regulate the functions of the commission and prescribe the categories of public officers to constitute the education service. health service commission 169. health service commission there shall be a health service commission. the commission shall consist of a chairperson and six other members at least three of whom shall be persons who have substantial experience in health science, all of whom shall be appointed by the president with the approval of parliament. the president shall appoint one member of the commission as deputy chairperson of the commission. a person is not qualified to be a member of the commission unless he or she is of high moral character and proven integrity. a person holding any of the following offices shall relinquish his or her office on appointment as a member of the commissiona member of parliament; a member of a local government council; a member of the executive of a political party or political organisation; a member of any board or other authority responsible for the management of any government hospital or similar government establishment; or a public officer. a member of the commission shall hold office for four years but is eligible for reappointment; except that of the first members appointed under this constitution, three shall be appointed to hold office for three years which shall be specified in their instruments of appointment. the emoluments of members of the commission shall be prescribed by parliament and shall be charged on the consolidated fund. in the absence of both the chairperson and the deputy chairperson, the president may designate one of the members to act as chairperson. a member of the commission may be removed from office by the president only forinability to perform the functions of his or her office arising from infirmity of body or mind; misbehaviour or misconduct; or incompetence. 170. functions of health service commission subject to the provisions of this constitution, the health service commission shalladvise the president in performing, in relation to the health service, his or her functions under article 172 of this constitution; have power to appoint persons to hold or act in any office in the health service, including the power to confirm such appointments, to exercise disciplinary control over those persons and to remove them from office; review the terms and conditions of service, standing orders, training and qualifications of members of the health service and matters connected with their management and welfare and make recommendations on them to government; perform such other functions as may be prescribed by this constitution or any other law. in the exercise of its functions, the commission shall be independent and shall not be subject to the direction or control of any person or authority; except that it shall take into account government policy relating to health. the commission may, by writing, delegate any of its functions to a district service commission or any other authority or officer. the commission shall make a report to parliament in respect of each year on the performance of its functions. subject to the provisions of this article, parliament shall, by law regulate the functions of the commission and prescribe the categories of public officers to constitute the health service. general 171. establishment of offices subject to the provisions of this constitution and any act of parliament, the president may, after consultation with the appropriate service commission, establish offices in the public service of the government of uganda. 172. appointment of public officers subject to the provisions of this constitutionthe president may, acting in accordance with the advice of the public service commission, the education service commission or the health service commission as the case may be, appoint persons to hold or act in any office in the public service of uganda of the rank of head of department or above other than those referred to in article 200 of this constitution, including confirmation of appointments, the exercise of disciplinary control over such persons and their removal from office; the public service commission, the education service commission or the health service commission, as the case may be, may appoint persons to hold or act in any office in the public service of uganda other than those referred to in paragraph (a) of this clause and in article 200 of this constitution, including the confirmation of their appointments and the exercise of disciplinary control over such persons and their removal from office. except with the consent of the president, no person shall be appointed under this article to act in any office on the personal staff of the president. subject to the provisions of this constitution, the president may delegate any of his or her powers under this article by directions in writing, to any service commission or to any other authority or public officer as may be prescribed by parliament and may, in like manner, revoke the delegation. 173. protection of public officers a public officer shall not bevictimized or discriminated against for having performed his or her duties faithfully in accordance with this constitution; or dismissed or removed from office or reduced in rank or otherwise punished without just cause. 173a. head of the public service there shall be a head of the public service who shall be appointed by the president acting on the advice of the public service commission. the functions of the head of the public service are as followstendering advice to the president on matters relating to the public service; coordination of the activities of permanent secretaries; supervision of the work of permanent secretaries; serving as a link between the executive and the public service; serving as a link between service commissions; ensuring the implementation of cabinet and other government decisions; and any other duties assigned to him or her from time to time by the president. 174. permanent secretaries subject to the provisions of this constitution, a ministry or department of the government of uganda shall be under the supervision of a permanent secretary whose office shall be a public office. a permanent secretary shall be appointed by the president acting in accordance with the advice of the public service commission. the functions of a permanent secretary under this article includeorganisation and operation of the department or ministry; tendering advice to the responsible minister in respect of the business of the department or ministry; implementation of the policies of the government of uganda; subject to article 164 of this constitution, responsibility for the proper expenditure of public funds by or in connection with the department or ministry. 175. interpretation in this chapter, unless the context otherwise requires"public officer" means any person holding or acting in an office in the public service; "public service" means service in any civil capacity of the government the emoluments for which are payable directly from the consolidated fund or directly out of moneys provided by parliament. chapter 11. local government principles and structures of local government 176. local government system subject to article 178, the system of local government in uganda shall be based on the district as a unit under which there shall be such local governments and administrative units as parliament may, by law, provide. the following principles shall apply to the local government systemthe system shall be such as to ensure that functions, powers and responsibilities are devolved and transferred from the government to local government units in a co-ordinated manner; decentralisation shall be a principle applying to all levels of local government and in particular, from higher to lower local government units to ensure peoples' participation and democratic control in decision making; the system shall be such as to ensure the full realisation of democratic governance at all local government levels; there shall be established for each local government unit a sound financial base with reliable sources of revenue; appropriate measures shall be taken to enable local government units to plan, initiate and execute policies in respect of all matters affecting the people within their jurisdiction; persons in the service of local government shall be employed by the local governments; and the local governments shall oversee the performance of persons employed by the government to provide services in their areas and to monitor the provision of government services or the implementation of projects in their areas. the system of local government shall be based on democratically elected councils on the basis of universal adult suffrage in accordance with clause (4) of article 181 of this constitution. 177. districts of uganda subject to the provisions of this constitution, for the purposes of local government, uganda shall be divided into the districts referred to in clause (2) of article 5 of this constitution. the districts referred to in clause (1) of this article shall be taken to have been divided into the lower local government units which existed immediately before the coming into force of this constitution. 178. regional governments two or more districts may cooperate to form a regional government to perform the functions and services specified in the fifth schedule to this constitution. a district shall not be taken to have agreed to enter into a cooperation arrangement to form a regional government unlessthe proposal to join the regional government has been approved by resolution of the district council by a majority of two thirds of the members of the district council; and the decision of the district council has been ratified by not less than two-thirds of the sub county councils in the district. subject to clause (1) and to the provisions of this constitution, the districts of the regions of buganda, bunyoro, busoga, acholi and lango, specified in the first schedule to this constitution, shall be deemed to have agreed to form regional governments for the purposes of this article. the headquarters of the regional governments deemed to have been established in clause (3) of this article shall be as followsin buganda, mengo municipality which shall be created by parliament; in bunyoro, hoima municipality which shall be created by parliament; in busoga, jinja municipality; in acholi, gulu municipality; and in lango, lira municipality. the districts forming the regional government shall form a regional assembly. a regional government shall be a body corporate with power to sue and be sued and shall have power to do all things that may be done by a body corporate and shall be subject to all obligations to which a body corporate is subject. notwithstanding article 180, a regional government formed under this article shall be the highest political authority within its region and shall have political, legislative, executive, administrative and cultural functions in the region. a regional government shall in particular have in relation to the region, the functions and services conferred upon a regional government in the fifth schedule to this constitution and may make laws which shall have the force of law in the region. a regional assembly shall have power to legislate on matters within its jurisdiction. subject to this article and to the fifth schedule to this constitution, the executive and administrative powers of a regional government shall extend to the execution and implementation of the laws enacted by the regional assembly and other laws operating in the region and the management of the affairs of the regional government. the laws made by the regional assembly shall be in conformity with the constitution and the national laws and shall be consistent with national policies. the provisions of the fifth schedule to this constitution shall have effect in respect of the matters specified in it in relation to regional governments. regional governments shall commence on 1st july, 2006. 178a. grants for districts not forming regional governments a district which does not wish or is not able to enter into a cooperation arrangement to form a regional government shall be paid an equalization grant. the equalization grant payable under clause (1) shall be based on the incremental costs met by the central government in managing the regional government. the president shall cause to be presented to parliament, proposals for the money to be paid out of the consolidated fund as equalization grant under clause (1). the proposals made under clause (3) shall be made at the same time as the estimates of revenue and expenditure under article 155 of this constitution and shall state the sums of money that are to be paid to each district. 179. boundaries of local government units subject to the provisions of this constitution, parliament mayalter the boundaries of districts; and create new districts. any measure to alter the boundary of a district or to create a new district shall be supported by a majority of all the members of parliament. parliament shall by law empower district councils to alter the boundaries of lower local government units and to create new local government units within their districts. any measure for the alteration of the boundaries of or the creation of districts or administrative units shall be based on the necessity for effective administration and the need to bring services closer to the people and it may take into account the means of communication, geographical features, density of population, economic viability and the wishes of the people concerned. 180. local government councils a local government shall be based on a council which shall be the highest political authority within its area of jurisdiction and which shall have legislative and executive powers to be exercised in accordance with this constitution. parliament shall by law prescribe the composition, qualifications, functions and electoral procedures in respect of local government councils, except thatthe person elected as district chairperson of a local government shall be a member of the council; one third of the membership of each local government council shall be reserved for women; and any law enacted by virtue of this article shall provide for affirmative action for all marginalised groups referred to in article 32 of this constitution; parliament shall exercise similar powers of review as stipulated in clause (2) of article 78 of this constitution, in relation to paragraphs (b) and (c) of this clause. a person shall not be a member of a local government council unless that person is a citizen of uganda. 181. elections of local government councils a district shall be divided by the electoral commission into electoral areas which shall be demarcated in such a way that the number of inhabitants in the electoral areas are as nearly as possible equal. the number of inhabitants in an electoral area may be greater or less than other electoral areas in order to take account of means of communication, geographical features and density of population. the demarcation of electoral areas shall ensure that a sub-county, a town council or an equivalent part of a municipality is represented at the district council by at least one person. all local government councils shall be elected every seven years. subject to article 61 of this constitution, elections of all local government councils shall take place on such date as the electoral commission shall determine in accordance with the law. 182. revocation of mandate subject to clause (2) of this article, the mandate of an elected member of a local government council may be revoked by the electorate. parliament shall by law prescribe the grounds on which and the manner in which the electorate may revoke the mandate of an elected member of a local government council. 183. district chairperson there shall be a district chairperson who shallbe the political head of the district; and be elected by universal adult suffrage through a secret ballot. a person is not qualified to be elected district chairperson unless he or she isqualified to be elected a member of parliament; [repealed] a person ordinarily resident in the district. the district chairperson shallpreside at meetings of the executive committee of the district; monitor the general administration of the district; co-ordinate the activities of urban councils and councils of the lower local administrative units in the district; co-ordinate and monitor government functions as between the district and the government; and perform such other functions as parliament may prescribe. in the performance of the functions under clause (3) of this article, the chairperson shall be subject to the rules, decisions and recommendations of the district council and be answerable to the council. 184. speaker of district council each district council shall have a speaker elected by the district council from among its members; but a person shall only be taken to have been elected if the votes cast in his or her favour are more than fifty per cent of all the members of the council. the speaker of the council shall, in relation to the council, perform similar functions to those of the speaker of parliament. 185. removal of district chairperson and speaker the district chairperson or the speaker of a district council may be removed from office by the council by resolution supported by the votes of not less than two-thirds of all members of the council on any of the following groundsabuse of office; misconduct or misbehaviour; or such physical or mental incapacity as would render him or her incapable of performing the duties of his or her office. parliament shall prescribe any other grounds and the procedure for the removal of a district chairperson or the speaker of a council under this article. 186. district executive committee there shall be an executive committee for each district council which shall perform the executive functions of the council. an executive committee shall consist ofthe district chairperson; the vice-chairperson; and such number of secretaries as the council may decide. the vice-chairperson shall be a person nominated by the district chairperson from among members of the council and approved by two-thirds of all members of the council. the secretaries shall be nominated by the chairperson from among members of the council and approved by a majority of all members of the council. the vice-chairperson shall deputise for the chairperson and shall perform such other functions as may be assigned to him or her by the chairperson. if the district chairperson dies, resigns or is removed from office, the vice-chairperson shall assume the office of chairperson until the election of a new district chairperson, but the election shall be held within six months after the occurrence of the event. a secretary shall have responsibility for such functions of the district council as the district chairperson may, from time to time assign to him or her. a district council shall appoint standing and other committees necessary for the efficient performance of its functions. the following shall apply with respect to the composition of the committees of a district councilthe chairpersons and members of the committees shall be elected from among the members of the council; the district chairperson, the vice-chairperson and a secretary, shall not be members of a committee of the council but may take part in its proceedings without voting. 187. vacation of office of member of district executive committee the office of a member of a district executive committee shall become vacant ifthe appointment of that member is revoked by the district chairperson; or that memberis elected as speaker of the district council; resigns from office; becomes disqualified to be a member of the district council; is unable to perform his or her functions due to mental or physical incapacity or dies; is censured by the council; or a new chairperson assumes office. a district council may, by resolution supported by not less than half of all members of the council, pass a vote of censure against a member of the executive committee. proceedings for censure shall be initiated by a petition to the chairperson through the speaker signed by not less than one-third of all the members of the district council to the effect that they are dissatisfied with the conduct or performance of the member of the executive committee. the chairperson shall, upon receipt of the petition, cause a copy of it to be given to the member of the executive committee in question. the motion for the resolution of censure shall not be debated until the expiry of fourteen days after the petition was sent to the chairperson. a member of the executive committee in respect of whom a vote of censure is debated under clause (5) of this article is entitled during the debate to be heard in his or her defence. nothing in this article shall prevent a person from being re-appointed to the executive committee of a district council. 188. chief and deputy chief administrative officer there shall be a chief administrative officer and deputy chief administrative officer for every district. notwithstanding articles 176(2) and (3) and 200 of this constitution, the public service commission shall appoint persons to hold or act in the office of chief administrative officer and deputy chief administrative officer, including the confirmation of their appointments and the exercise of disciplinary control over such persons and their removal from office. parliament shall by law establish the qualifications and functions of a chief administrative officer and deputy chief administrative officer. 189. functions of government and district councils subject to the provisions of this constitution, the functions and services specified in the sixth schedule to this constitution shall be the responsibility of the government. district councils and the councils of lower local government units may, on request by them, be allowed to exercise the functions and services specified in the sixth schedule to this constitution or if delegated to them by the government or by parliament by law. district councils shall have responsibility for any functions and services not specified in the sixth schedule to this constitution. subject to the provisions of this constitution, the government may, on request by a district council, assume responsibility for functions and services assigned to the district council. this article shall have effect without prejudice to the functions and services authorised or required to be performed by a regional government under this constitution. finances of local governments 190. planning district councils shall prepare comprehensive and integrated development plans incorporating the plans of lower level local governments for submission to the national planning authority. 191. power to levy and appropriate taxes local governments shall have power to levy, charge, collect and appropriate fees and taxes in accordance with any law enacted by parliament by virtue of article 152 of this constitution. the fees and taxes to be levied, charged, collected and appropriated under clause (1) of this article shall consist of rents, rates, royalties, stamp duties, cess, fees on registration and licensing and any other fees and taxes that parliament may prescribe. no appropriation of funds by a local government shall be made unless approved in a budget by its council. parliament shall by law make provision for tax appeals in relation to taxes to which this article applies. 192. collection of taxes by local governments parliament shall by law providefor the taxes that may be collected by a local government for or on behalf of the government for payment into the consolidated fund; for a local government to retain for the purposes of its functions and services, a specified proportion of the revenues collected for or on behalf of the government from the district. 193. grants to local governments the president shall for each financial year, in accordance with this constitution, cause to be presented to parliament proposals as to the moneys to be paid out of the consolidated fund asunconditional grant in accordance with clause (2) of this article; conditional grant in accordance with clause (3) of this article; equalisation grant in accordance with clause (4) of this article. unconditional grant is the minimum grant that shall be paid to local governments to run decentralised services and shall be calculated in the manner specified in the seventh schedule to this constitution. conditional grant shall consist of moneys given to local governments to finance programmes agreed upon between the government and the local governments; and shall be expended only for the purposes for which it was made and in accordance with the conditions agreed upon. equalisation grant is the money to be paid to local governments for giving subsidies or making special provisions for the least developed districts; and shall be based on the degree to which a local government unit is lagging behind the national average standard for a particular service. district councils shall be obliged to indicate how conditional and equalisation grants obtained from the government are to be passed onto the lower levels of local government. the proposals made under clause (1) of this article shall be made at the same time as the estimates of revenue and expenditure under article 155 of this constitution and shall state the sums of moneys that are to be paid to each local government. the proposals made under this article shall form part of the appropriation act as provided for in article 156 of this constitution. 194. local government finance commission there shall be a local government finance commission which shall consist of seven members appointed by the president. of the seven members referred to in clause (1) of this article, four shall be nominated by the local governments. the members of the local government finance commission shall elect from among themselves a chairperson and a vice-chairperson. the local government finance commission shalladvise the president on all matters concerning the distribution of revenue between the government and local governments and the allocation to each local government of moneys out of the consolidated fund; in consultation with the national planning authority, consider and recommend to the president the amount to be allocated as the equalisation and conditional grants and their allocation to each local government; consider and recommend to the president potential sources of revenue for local governments; advise the local governments on appropriate tax levels to be levied by local governments; perform such other functions as parliament shall prescribe. the expenses of the commission, including salaries, allowances and pensions payable to persons serving with the commission, shall be charged on the consolidated fund. 195. loans and grants subject to the provisions of this constitution and with the approval of the government, a local government may, for the carrying out of its functions and services, borrow money or accept and use any grant or assistance as parliament shall prescribe. 196. accountability parliament shall make lawsrequiring each local government to draw up a comprehensive list of all its internal revenue sources and to maintain data on total potential collectable revenues; prescribing financial control and accountability measures for compliance by all local governments; imposing regular audit requirements and procedures for local governments. 197. financial autonomy of urban authorities urban authorities shall have autonomy over their financial and planning matters in relation to the district councils as parliament may, by law provide. district service commissions 198. district service commissions there shall be a district service commission for each district. the district service commission shall consist of a chairperson and such other members as the district council shall determine, at least one of whom shall represent urban authorities and all of whom shall be appointed by the district council on the recommendation of the district executive committee with the approval of the public service commission. members of a district service commission shall be persons of high moral character and proven integrity. members of a district service commission shall hold office for a period of four years but are eligible for re-appointment for one more term. in the performance of its functions, a district service commission shall conform to the standards established by the public service commission for the public service generally. a member of the district service commission may be removed from office by the executive committee of the district with the approval of the district council and after consultation with the public service commission but may be removed only forinability to perform the functions of that office arising from physical or mental incapacity; misbehaviour or misconduct; or incompetence. 199. secondment of staff subject to the provisions of this constitution, the government may, on request by a district council, post persons to fill, assist and complement the service of a local government. 200. functions of district service commissions subject to the provisions of this constitution, the power to appoint persons to hold or act in any office in the service of a district, including the power to confirm appointments, to exercise disciplinary control over persons holding or acting in any such office and to remove those persons from office is vested in the district service commission. the terms and conditions of service of local government staff shall conform with those prescribed by the public service commission for the public service generally. the district service commission may establish committees in respect of specialised disciplines. notwithstanding anything in this article or in articles 172 and 176(2) and (3) of this constitution, the power to appoint persons to hold or act in the office of town clerk in the service of a city or a municipality, including the power to confirm appointments, to exercise disciplinary control over persons holding or acting in any such office and to remove those persons from office is vested in the public service commission. general 201. exercise of administrative functions the functions of a district government shall be exercised in accordance with this constitution and any other law; but the exercise of those functions shall not detract from the order, peace and good governance of any part of uganda. 202. take-over of district administration by president the president may, with the approval of two-thirds of all the members of parliament, assume the executive and legislative powers of any district in any of the following circumstanceswhere the district council so requests and it is in the public interest to do so; where a state of emergency has been declared in that district or in uganda generally; or where it has become extremely difficult or impossible for district government to function. the exercise by the president of the power conferred by this article, may be done through such persons or officers as the president may appoint; and the legislative functions shall be exercised by statutory instruments. unless approved by parliament for a longer term, the exercise by the president of the power conferred by this article, shall be for a period not exceeding ninety days. upon the expiry of the term under clause (3) of this articlethe president shall hand back the administration of the district to the incumbent district government; or if parliament decides that the prevailing circumstances still make it impossible for the incumbent district government to resume the administration of the district thenwhere the unexpired term of the council is longer than twelve months, the president shall cause elections to be held for a new district council within sixty days; or where the unexpired term of the council is less than twelve months the president shall continue to administer the district until the next elections are held. 203. resident district commissioner there shall be for each district a resident district commissioner who shall be appointed by the president. for a person to be appointed a resident district commissioner he or she shall be a citizen of uganda and qualified to be a member of parliament. the functions of a resident district commissioner areto monitor the implementation of central and local government services in the district; to act as chairperson of the district security committee of the district; and to carry out such other functions as may be assigned by the president or prescribed by parliament by law. 204. terms and conditions of service parliament shall prescribe the guidelines to be followed by the district councils, in determining terms and conditions of service formembers of the local government councils; and members of the district service commissions and their committees. 205. prohibition of holding political offices concurrently no person shall hold concurrently on a full time basis, political officesin the service of the government and that of a local government; or in the service of a higher local government and that of a lower local government. in this article, "political office" means the office of a minister, a member of parliament or a member of a local government council, or any other office prescribed by parliament. 206. parliament to make laws regarding local government subject to the provisions of this constitution, parliament shall make laws relating to local government for the purpose of giving full effect to this chapter. without prejudice to the general effect of clause (1) of this article, parliament may make lawslimiting the number of political offices that may be created by the local governments; enabling councils to make laws, regulations or other instruments for the administration of their areas of jurisdiction; requiring that with appropriate modifications, the system of government as it operates at district level shall apply at the lower levels of local government units. 207. interpretation in this chapter, a reference to a local government includesa district council; an urban council; a sub-county council; or any other unit prescribed by law to replace any of the councils mentioned in paragraphs (a),(b) and (c) of this article. chapter 12. defence and national security uganda peoples defence forces 208. uganda peoples' defence forces there shall be armed forces to be known as the uganda peoples' defence forces. the uganda peoples' defence forces shall be non-partisan, national in character, patriotic, professional, disciplined, productive and subordinate to the civilian authority as established under this constitution. members of the uganda peoples' defence forces shall be citizens of uganda of good character. no person shall raise an armed force except in accordance with this constitution. 209. functions of defence forces the functions of the uganda peoples' defence forces areto preserve and defend the sovereignty and territorial integrity of uganda; to co-operate with the civilian authority in emergency situations and in cases of natural disasters; to foster harmony and understanding between the defence forces and civilians; and to engage in productive activities for the development of uganda. 210. parliament to regulate uganda peoples' defence forces parliament shall make laws regulating the uganda peoples' defence forces, and in particular, providing forthe organs and structures of the uganda peoples' defence forces; recruitment, appointment, promotion, discipline and removal of members of the uganda peoples' defence forces and ensuring that members of the uganda peoples' defence forces are recruited from every district of uganda; terms and conditions of service of members of the uganda peoples' defence forces; and the deployment of troops outside uganda. uganda police force 211. uganda police force there shall be a police force to be known as the uganda police force and such other police forces in uganda as parliament may by law prescribe. subject to the provisions of this constitution, every police force in uganda shall be organised and administered in such a manner and shall have such functions as parliament may by law prescribe. the uganda police force shall be nationalistic, patriotic, professional, disciplined, competent and productive; and its members shall be citizens of uganda of good character. 212. functions of uganda police force the functions of the uganda police force shall include the followingto protect life and property; to preserve law and order; to prevent and detect crime; and to co-operate with the civilian authority and other security organs established under this constitution and with the population generally. 213. command of uganda police force there shall be an inspector-general of police and a deputy inspector-general of police. the inspector-general and the deputy inspector-general of police shall be appointed by the president with the approval of parliament. the uganda police force shall be under the command of the inspector-general of police who shall be assisted by the deputy inspector-general of police in the performance of his or her functions. in the performance of the functions under clause (3) of this article, the inspector-general of police shall be subject to and act in accordance with the laws of uganda; except that on matters of policy, the president may give directions to the inspector-general. the inspector-general or the deputy inspector-general of police may be removed from office by the president. 214. parliament to regulate uganda police force parliament shall make lawsproviding for the organisation and administration of the uganda police force; ensuring that members of the uganda police force are recruited from every district of uganda; and regulating generally the uganda police force. uganda prisons service 215. uganda prisons service there shall be a prisons service to be known as the uganda prisons service. the uganda prisons service shall be nationalistic, patriotic, professional, disciplined, competent and productive and its members shall be citizens of uganda of good character recruited from every district of uganda. 216. commissioner and deputy commissioner of prisons there shall be a commissioner of prisons and a deputy commissioner of prisons appointed by the president with the approval of parliament. the commissioner or the deputy commissioner of prisons may be removed by the president. 217. parliament to regulate uganda prisons service parliament shall make lawsproviding for the organisation, administration and functions of the uganda prisons service; ensuring that members of the uganda prisons service are recruited from every district of uganda; and regulating generally the uganda prisons service. intelligence services 218. intelligence services parliament may by law establish intelligence services and may prescribe their composition, functions and procedures. no intelligence service shall be established by the government except by or under an act of parliament. national security council 219. national security council there shall be a national security council which shall consist of the president as chairperson and such other members as parliament may determine. 220. functions of national security council the functions of the national security council areto inform and advise the president on matters relating to national security; and any other functions prescribed by parliament. general 221. security organisations to observe human rights it shall be the duty of the uganda peoples' defence forces and any other armed force established in uganda, the uganda police force and any other police force, the uganda prisons service, all intelligence services and the national security council to observe and respect human rights and freedoms in the performance of their functions. 222. parliament to regulate possession and use of firearms and ammunition parliament shall make laws to regulate the possession and use of firearms and ammunition. chapter 13. inspectorate of government 223. inspectorate of government there shall be an inspectorate of government. the inspectorate of government shall consist ofthe inspector-general of government; and such number of deputy inspectors-general as parliament may prescribe. at least one of the persons referred to in clause (2) of this article shall be a person qualified to be appointed a judge of the high court. the inspector-general of government and a deputy inspector-general shall be appointed by the president with the approval of parliament and shall not, while holding office, hold any other office of emolument in the public service. a person shall not be eligible for appointment as inspector-general of government or deputy inspector-general of government unless that personis a citizen of uganda; and is a person of high moral character and proven integrity; and possesses considerable experience and demonstrated competence and is of high calibre in the conduct of public affairs. a person shall resign his or her office on appointment as an inspector-general or a deputy inspector-general, if that person isa member of parliament; a member of a local government council; or a member of the executive of a political party or organisation. the inspector-general of government and deputy inspectors-general shall hold office for a term of four years but shall be eligible for re-appointment only once. the remuneration and other conditions of service of members of the inspectorate of government shall be prescribed by parliament and the salaries and allowances of members of the inspectorate shall be charged on the consolidated fund. 224. removal of inspector-general and deputy inspector-general the inspector-general or a deputy inspector-general may be removed from office by the president on the recommendation of a special tribunal constituted by parliament only forinability to perform the functions of his or her office arising from infirmity of body or mind; or misconduct, misbehaviour or conduct unbecoming of the holder of the office; or incompetence. 225. functions of inspectorate the functions of the inspectorate of government shall be prescribed by parliament and shall include the followingto promote and foster strict adherence to the rule of law and principles of natural justice in administration; to eliminate and foster the elimination of corruption, abuse of authority and of public office; to promote fair, efficient and good governance in public offices; subject to the provisions of this constitution, to supervise the enforcement of the leadership code of conduct; to investigate any act, omission, advice, decision or recommendation by a public officer or any other authority to which this article applies, taken, made, given or done in exercise of administrative functions; and to stimulate public awareness about the values of constitutionalism in general and the activities of its office, in particular, through any media and other means it considers appropriate. the inspectorate of government may investigate any matter referred to in paragraph (e) of clause (1) of this article, on its own initiative or upon complaint made to it by any member of the public, whether or not that person has personally suffered any injustice by reason of that matter. 226. jurisdiction of inspectorate the jurisdiction of the inspectorate of government shall cover officers or leaders whether employed in the public service or not, and also such institutions, organisations or enterprises as parliament may prescribe by law. 227. independence of inspectorate the inspectorate of government shall be independent in the performance of its functions and shall not be subject to the direction or control of any person or authority and shall only be responsible to parliament. 228. branches of inspectorate the inspectorate of government may establish branches at district and other administrative levels as it considers fit for the better performance of its functions. 229. resources of inspectorate the inspectorate of government shall have an independent budget appropriated by parliament, and controlled by the inspectorate. it shall be the duty of the state to facilitate the employment by the inspectorate of such adequate and qualified staff as are needed to enable the inspectorate to perform its functions effectively and efficiently. 230. special powers of inspectorate the inspectorate of government shall have power to investigate, cause investigation, arrest, cause arrest, prosecute or cause prosecution in respect of cases involving corruption, abuse of authority or of public office. the inspector-general of government may, during the course of his or her duties or as a consequence of his or her findings, make such orders and give such directions as are necessary and appropriate in the circumstances. subject to the provisions of any law, the inspectorate of government shall have power to enter and inspect the premises or property of any department of government, person or of any authority, to call for, examine and where necessary, retain any document or item in connection with the case being investigated, found on the premises; and may, in those premises, carry out any investigation for the purpose of its functions. the inspectorate of government shall, when enforcing the leadership code of conduct, have all the powers conferred on it by this chapter in addition to any other powers conferred by law. subject to this constitution, parliament shall enact any law necessary for enabling the inspectorate of government to discharge its functions effectively and efficiently and in particular, to ensure that the discharge of those functions is not frustrated by any person or authority. 231. reports of inspectorate the inspectorate of government shall submit to parliament at least once in every six months, a report on the performance of its functions, making such recommendations as it considers necessary and containing such information as parliament may require. a copy of the report referred to in clause (1) of this article shall be forwarded by the inspectorate of government to the president; and where any matter contained in the report relates to the administration of any local authority, an extract of the portion of the report on the matter shall be forwarded to that local authority. the speaker shall lay before parliament the report submitted under clause (1) of this article within thirty days after it has been submitted, if parliament is then in session, or, if parliament is not in session, within thirty days after the commencement of its next following session. the president or any local authority referred to in clause (2) shall at least once every year cause a report to be submitted to parliament on actions taken by the president or the local authority on reports submitted to the president or the local authority by the inspectorate of government, for the information of parliament. parliament shall discuss expeditiously any reports submitted to it under clause (1). 232. powers of parliament regarding inspectorate parliament shall, subject to the provisions of this constitution, make laws to give effect to the provisions of this chapter. laws made for the purpose of this chapter may, in particular, providefor regulating the procedure for the making of complaints and requests to the inspectorate of government and for the exercise of its functions; for conferring such powers on it and imposing such duties on persons concerned as are necessary to facilitate it in the performance of its functions; for ensuring accessibility to the services of the inspectorate by the general public and decentralising the exercise of those functions and where necessary, for enabling the delegation by the inspectorate of any of those functions to other authorities or persons at district or lower local government levels; for regulating the functioning of the inspectorate of government in relation to other institutions or bodies established under this constitution or any other law; and establishing a special court within the judiciary for combating corruption and prescribing the composition and jurisdiction and procedures of the court and appeal from the court. chapter 14. leadership code of conduct 233. leadership code of conduct parliament shall by law establish a leadership code of conduct for persons holding such offices as may be specified by parliament. the leadership code of conduct shallrequire specified officers to declare their incomes, assets and liabilities from time to time and how they acquired or incurred them, as the case may be; prohibit conductlikely to compromise the honesty, impartiality and integrity of specified officers; or likely to lead to corruption in public affairs; or which is detrimental to the public good or welfare or good governance; prescribe the penalties to be imposed for breach of the code, without prejudice to the application of criminal penalties prescribed for the breach in question; prescribe powers, procedures and practices for ensuring the effective enforcement of the code; and make any other provision as may be necessary for ensuring the promotion and maintenance of honesty, probity, impartiality and integrity in public affairs and the protection of public funds and other public property. 234. enforcement of code the leadership code of conduct shall be enforced by the inspectorate of government or such other authority as parliament may by law prescribe. 235. disqualification for breach of code parliament may, by law, provide that a person who has been dismissed or removed from office by reason of breach of the code of conduct shall be disqualified from holding any other public office whether appointive or elective and either generally or for a prescribed period. 235a. leadership code tribunal there shall be a leadership code tribunal, whose composition, jurisdiction and functions shall be prescribed by parliament by law. 236. interpretation in this chapter, unless the context otherwise requires, "specified officer" means the holder of an office to which the leadership code of conduct applies. chapter 15. land and environment land 237. land ownership land in uganda belongs to the citizens of uganda and shall vest in them in accordance with the land tenure systems provided for in this constitution. notwithstanding clause (1) of this articlethe government or a local government may, subject to article 26 of this constitution, acquire land in the public interest; and the conditions governing such acquisition shall be as prescribed by parliament; the government or a local government as determined by parliament by law, shall hold in trust for the people and protect, natural lakes, rivers, wetlands, forest reserves, game reserves, national parks and any land to be reserved for ecological and touristic purposes for the common good of all citizens; non-citizens may acquire leases in land in accordance with the laws prescribed by parliament and the laws so prescribed shall define a non-citizen for the purposes of this paragraph. land in uganda shall be owned in accordance with the following land tenure systemscustomary; freehold; mailo; and leasehold. on the coming into force of this constitutionall uganda citizens owning land under customary tenure may acquire certificates of ownership in a manner prescribed by parliament; and land under customary tenure may be converted to freehold land ownership by registration. any lease which was granted to a uganda citizen out of public land may be converted into freehold in accordance with a law which shall be made by parliament. for the purposes of clause (5) of this article, "public land" includes statutory leases to urban authorities. parliament shall make laws to enable urban authorities to enforce and to implement planning and development. upon the coming into force of this constitution and until parliament enacts an appropriate law under clause (9) of this article, the lawful or bonafide occupants of mailo land, freehold or leasehold land shall enjoy security of occupancy on the land. within two years after the first sitting of parliament elected under this constitution, parliament shall enact a lawregulating the relationship between the lawful or bonafide occupants of land referred to in clause (8) of this article and the registered owners of that land; providing for the acquisition of registrable interest in the land by the occupant. uganda land commission 238. uganda land commission there shall be a commission to be known as the uganda land commission. the commission shall consist of a chairperson and not less than four other members appointed by the president with the approval of parliament. a person holding office as a member of parliament or a member of a local government council shall relinquish that office upon appointment as a member of the commission. the members of the commission shall hold office for a period of five years and shall be eligible to be re-appointed. a member of the commission may be removed from office by the president only forinability to perform the functions of his or her office arising from infirmity of body or mind; misbehaviour or misconduct; or incompetence. the salaries and allowances of the members of the commission shall be charged on the consolidated fund. 239. functions of uganda land commission the uganda land commission shall hold and manage any land in uganda vested in or acquired by the government of uganda in accordance with the provisions of this constitution and shall have such other functions as may be prescribed by parliament. district land boards 240. district land boards there shall be a district land board for each district. parliament shall prescribe the membership, procedure and terms of service of a district land board. 241. functions of district land boards the functions of a district land board areto hold and allocate land in the district which is not owned by any person or authority; to facilitate the registration and transfer of interests in land; and to deal with all other matters connected with land in the district in accordance with laws made by parliament. in the performance of its functions, a district land board shall be independent of the uganda land commission and shall not be subject to the direction or control of any person or authority but shall take into account national and district council policy on land. general 242. land use government may, under laws made by parliament and policies made from time to time, regulate the use of land. 243. land tribunals parliament shall by law provide for the establishment of land tribunals. the jurisdiction of a land tribunal shall includethe determination of disputes relating to the grant, lease, repossession, transfer or acquisition of land by individuals, the uganda land commission or other authority with responsibility relating to land; and the determination of any disputes relating to the amount of compensation to be paid for land acquired. the chairperson of a land tribunal established under this article shall be appointed on the advice of the judicial service commission under any law made for the purposes of clause (1) of this article. a member of a land tribunal shall hold office on terms and conditions determined under a law made by parliament under this article. a law made under this article may prescribe the practice and procedure for land tribunals and shall provide for a right of appeal from a decision of a land tribunal to a court of law. 244. minerals and petroleum subject to article 26 of this constitution, the entire property in, and the control of, all minerals and petroleum in, on or under, any land or waters in uganda are vested in the government on behalf of the republic of uganda. subject to this article, parliament shall make laws regulatingthe exploitation of minerals and petroleum; the sharing of royalties arising from mineral and petroleum exploitation; the conditions for payment of indemnities arising out of exploitation of minerals and petroleum; and the conditions regarding the restoration of derelict lands. minerals, mineral ores and petroleum shall be exploited taking into account the interest of the individual landowners, local governments and the government. in this article"mineral" means any substance, other than petroleum, whether in solid, liquid or gaseous form occurring naturally in or on the earth, formed by or subject to a geological process; "petroleum" meansany naturally occurring hydrocarbons, whether in gaseous, liquid or solid state; any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or any naturally occurring mixture of one or more hydrocarbons (whether in a gaseous, liquid or solid state) and any other substances; and includes any petroleum as defined by paragraph (a), (b) or (c) that has been returned to a natural reservoir, but does not include coal, shale, or any substance that may be extracted from coal or shale. for the purposes of this article, "mineral" does not include clay, murram, sand or any stone commonly used for building or similar purposes. parliament may regulate the exploitation of any substance excluded from the definition of mineral under this article when exploited for commercial purposes. environment 245. protection and preservation of the environment parliament shall, by law, provide for measures intendedto protect and preserve the environment from abuse, pollution and degradation; to manage the environment for sustainable development; and to promote environmental awareness. chapter 16. institution of traditional or cultural leaders 246. institution of traditional or cultural leaders subject to the provisions of this constitution, the institution of traditional leader or cultural leader may exist in any area of uganda in accordance with the culture, customs and traditions or wishes and aspirations of the people to whom it applies. in any community, where the issue of traditional or cultural leader has not been resolved, the issue shall be resolved by the community concerned using a method prescribed by parliament. the following provisions shall apply in relation to traditional leaders or cultural leadersthe institution of traditional leader or cultural leader shall be a corporation sole with perpetual succession and with capacity to sue and be sued and to hold assets or properties in trust for itself and the people concerned; nothing in paragraph (a) shall be taken to prohibit a traditional leader or cultural leader from holding any asset or property acquired in a personal capacity; a traditional leader or cultural leader shall enjoy such privileges and benefits as may be conferred by the government and local government or as that leader may be entitled to under culture, custom and tradition; subject to paragraph (c) of this clause, no person shall be compelled to pay allegiance or contribute to the cost of maintaining a traditional leader or cultural leader; a person shall not, while remaining a traditional leader or cultural leader, join or participate in partisan politics; a traditional leader or cultural leader shall not have or exercise any administrative, legislative or executive powers of government or local government. the allegiance and privileges accorded to a traditional leader or a cultural leader by virtue of that office shall not be regarded as a discriminatory practice prohibited under article 21 of this constitution; but any custom, practice, usage or tradition relating to a traditional leader or cultural leader which detracts from the rights of any person as guaranteed by this constitution, shall be taken to be prohibited under that article. for the avoidance of doubt, the institution of traditional leader or cultural leader existing immediately before the coming into force of this constitution shall be taken to exist in accordance with the provisions of this constitution. for the purposes of this article, "traditional leader or cultural leader" means a king or similar traditional leader or cultural leader by whatever name called, who derives allegiance from the fact of birth or descent in accordance with the customs, traditions, usage or consent of the people led by that traditional or cultural leader. chapter 17. general and miscellaneous 247. administration of estates parliament shallby law establish an efficient, fair and expeditious machinery for the administration and management of the estates of deceased persons; and under the law referred to in paragraph (a) of this article, ensure that the services of the department or organisation established for the purpose are decentralised and accessible to all persons who may reasonably require those services and that the interests of all beneficiaries are adequately protected. 248. law reform commission there shall be a law reform commission for uganda the composition and functions of which shall be prescribed by parliament by law. the law reform commission established under clause (1) of this article shall publish periodic reports on its findings and submit annual reports to parliament. 249. disaster preparedness and management commission there shall be a disaster preparedness and management commission for uganda to deal with both natural and man-made disasters. parliament shall, for the purposes of this article, prescribe the composition, functions and procedure for implementation of the functions of the commission. 250. legal proceedings by or against government where a person has a claim against the government, that claim may be enforced as a right by proceedings taken against the government for that purpose. civil proceedings by or against the government shall be instituted by or against the attorney-general; and all documents required to be served on the government for the purpose of or in connection with those proceedings, shall be served on the attorney-general. parliament may by law make provision for the purposes of clause (1) of this article. in the title of any criminal proceedings, the prosecution shall be designated by the word "uganda". 251. performance of functions of commissions and authorities any commission or authority established by this constitution may, subject to the provisions of this constitution, regulate its own procedure or confer powers or impose duties on any officer or authority of the government for the purpose of discharging its functions. subject to the provisions of this constitution, any decision of any commission or authority established by this constitution shall require the concurrence of a majority of all its members; and it may act notwithstanding the absence of any member or any vacancy in the office of a member. in this article, "commission or authority" includes a council and a committee of the commission or authority. 252. resignations except as otherwise provided in this constitution, any person who is appointed or elected to any office established by this constitution may resign from that office by writing signed by that person addressed to the person or authority by whom he or she was appointed or elected. the resignation of a person from any office established by this constitution shall take effect in accordance with the terms on which that person was appointed or, if there are no such terms, when the writing signifying the resignation is received by the person or authority to whom it is addressed or by any person authorised by that person or authority to receive it. for the purposes of clause (1) of this article, "office" includes the office ofthe vice-president; the speaker and deputy speaker; a minister; the attorney-general; a member of parliament; a member of any commission, authority, council or committee established by this constitution; and a public officer. subject to the provisions of this article, parliament may make laws providing for the resignation of persons holding offices established by this constitution not provided for in this article. 253. re-appointments and concurrent appointments where any person has vacated an office established by this constitution, that person may, if qualified, again be appointed or elected to hold that office in accordance with the provisions of this constitution. where a power is conferred by this constitution on any person to make any appointment to any office, he or she may appoint a person to that office even while another person holds the office, when that other person is on leave of absence pending the relinquishment of the office. where two or more persons hold the same office by reason of an appointment made by virtue of clause (2) of this article, then, for the purposes of any function conferred on the holder of that office, the person last appointed shall be taken to be the sole holder of that office. 254. pension a public officer shall, on retirement, receive such pension as is commensurate with his or her rank, salary and length of service. the pension payable to any person shall be exempt from tax and shall be subject to periodic review to take account of changes in the value of money. the payment of pension shall be prompt and regular and easily accessible to pensioners. 255. referenda generally parliament shall by law make provision for the right of citizens to demand the holding by the electoral commission of a referendum, whether national or in any particular part of uganda, on any issue. parliament shall also make laws to provide for the holding of a referendum by the electoral commission upon a reference by the government of any contentious matter to a referendum. where a referendum is held under this article, the result of the referendum shall be binding on all organs and agencies of the state and on all persons and organizations in uganda. a referendum to which clause (3) applies, shall not affectthe fundamental and other human rights and freedoms guaranteed under chapter four of this constitution; the power of the courts to question the validity of the referendum. 256. manner of administering oaths oaths specified in the fourth schedule to this constitution shall be administered in a manner prescribed by law. 257. interpretation in this constitution, unless the context otherwise requires"act of parliament" means a law made by parliament; "article" means an article of this constitution; "child" means a person under the age of eighteen years; "court" means a court of judicature established by or under the authority of this constitution; "court of appeal" means the court of appeal of uganda; "district" means a district referred to in article 5 of this constitution; "district council" means a district council established under article 180 of this constitution; "education service" means any part of the public service established as the education service by parliament by law in conformity with this constitution; "financial year" means the period of twelve months ending on the thirtieth day of june in any year or such other day as parliament may by law, prescribe; "functions" includes powers and duties; "gazette" means the uganda gazette and includes any supplement of that gazette; "government" means the government of uganda; "health service" means any part of the public service established as the health service by parliament by law in conformity with this constitution; "high court" means the high court of uganda; "judgement" includes a decision, an order or decree of the court; "judicial power" means the power to dispense justice among persons and between persons and the state under the laws of uganda; "leadership code of conduct" means the leadership code of conduct established under chapter fourteen of this constitution; "local government council" means a council referred to in article 180 of this constitution; "minister" means a minister of the government and includes a minister of state and a deputy minister; "oath of allegiance" means an oath of allegiance prescribed by this constitution; "parliament" means the parliament of uganda; "president" means the president of uganda; "public office" means an office in the public service; "public officer" means a person holding or acting in any public office; "public service" means service in a civil capacity of the government or of a local government; "session" means a series of meetings of parliament within a period of twelve months; "sitting" includes a period during which parliament is continuously sitting without adjournment and a period during which it is in committee; "speaker" means the speaker of parliament and "deputy speaker" shall be construed accordingly; "subordinate court" means a court subordinate to the high court; "supreme court" means the supreme court of uganda; "uganda" means the republic of uganda. in this constitutionunless the context otherwise requires, a reference to an office in the public service includesa reference to the office of chief justice, deputy chief justice, principal judge, a justice of the supreme court or of a justice of appeal, or a judge of the high court and the office of a member of any other court of law established by or under the authority of this constitution, other than a court-martial, being an office the emoluments of which are paid directly from the consolidated fund or directly out of moneys provided by parliament; and a reference to the office of a member of the uganda police force, the uganda prisons service, the education service and the health service; a reference to an office in the public service does not include a reference to the office of the president, the vice-president, the speaker or deputy speaker, a minister, the attorney-general, a member of parliament or a member of any commission, authority, council or committee established by this constitution. in this constitution unless the context otherwise requires, a reference to the holder of an office by the term designating that office includes a reference to any person for the time being lawfully acting in or performing the functions of that office. for the purposes of this constitution, a person shall not be considered as holding a public office by reason only of the fact that that person is in receipt of a pension or similar allowance in respect of service under the government. the power to remove a public officer from office includes the power to require or permit that officer to retire from public service; except that nothing in this clause confers on any person or authority power to require the retirement of a person holding a public office for which the method of retirement or removal is specifically provided for by this constitution. any provision in this constitution that vests in any person or authority power to remove a public officer from office shall not prejudice the power of any person or authority to abolish any office or any law providing for the compulsory retirement of public officers generally or any class of public officer on attaining an age specified in that law. where power is vested by this constitution in any person or authority to appoint any person to act in or perform the functions of any office if the holder of the office is unable to perform those functions, no such appointment shall be called in question on the ground that the holder of the office was able to perform those functions. where any power is conferred by this constitution to make any statutory instrument or rule, or pass any resolution, or give any direction, the power shall be construed as including the power, exercisable in like manner to amend or revoke any such statutory instrument, rule, resolution or direction. in this constitution, references to the amendment of any of the provisions of this constitution or any act of parliament include references to the alteration, modification or re-enactment, with or without amendment or modification of that provision, the suspension or repeal of that provision and the making of a different provision in place of that provision. in this constitution, unless the context otherwise requireswords referring to natural persons include a reference to corporations; words in the singular include the plural, and words in the plural include the singular; words directing or empowering a public officer to do any act or thing, or otherwise applying to that officer by the designation of the office of that person, include the successors in office and all deputies and other assistants of that person. chapter 18. amendment of the constitution 258. amendment of constitution subject to the provisions of this constitution, parliament may amend by way of addition, variation or repeal, any provision of this constitution in accordance with the procedure laid down in this chapter. this constitution shall not be amended except by an act of parliamentthe sole purpose of which is to amend this constitution; and the act has been passed in accordance with this chapter. 259. amendments requiring referendum a bill for an act of parliament seeking to amend any of the provisions specified in clause (2) of this article shall not be taken as passed unlessit is supported at the second and third readings in parliament by not less than two-thirds of all members of parliament; and it has been referred to a decision of the people and approved by them in a referendum. the provisions referred to in clause (1) of this article arethis article; chapter one-articles 1 and 2; chapter four-article 44; chapter five-articles 69, 74 and 75; chapter six-article 79 clause (2); chapter seven-article 105 clause (1); chapter eight-article 128 clause (1); and chapter sixteen. 260. amendments requiring approval by district councils a bill for an act of parliament seeking to amend any of the provisions specified in clause (2) of this article shall not be taken as passed unlessit is supported at the second and third readings in parliament by not less than two-thirds of all members of parliament; and it has been ratified by at least two-thirds of the members of the district council in each of at least two-thirds of all the districts of uganda. the provisions referred to in clause (1) of this article arethis article; chapter two-article 5, clause (2); chapter nine-article 152; chapter eleven-article 176, clause (1) and articles 178, 189 and 197. 261. amendments by parliament a bill for an act of parliament to amend any provision of the constitution, other than those referred to in articles 259 and 260 of this constitution, shall not be taken as passed unless it is supported at the second and third readings by the votes of not less than two-thirds of all members of parliament. 262. certificate of compliance the votes on the second and third readings referred to in articles 259 and 260 of this constitution shall be separated by at least fourteen sitting days of parliament. a bill for the amendment of this constitution which has been passed in accordance with this chapter shall be assented to by the president only ifit is accompanied by a certificate of the speaker that the provisions of this chapter have been complied with in relation to it; and in the case of a bill to amend a provision to which article 259 or 260 of this constitution applies, it is accompanied by a certificate of the electoral commission that the amendment has been approved at a referendum or, as the case may be, ratified by the district councils in accordance with this chapter. where the provisions of clause (2) of this article are complied with in the case of a bill to which article 259 or 260 of this constitution applies, the president shall not refuse to assent to the bill. where in the case of a bill to which clause (3) of this article applies the presidentrefuses to assent to the bill; or fails to assent to the bill within thirty days after the bill is submitted, the president shall be taken to have assented to the bill and the speaker shall cause a copy of the bill to be laid before parliament and the bill shall become law without the assent of the president. chapter 19. transitional provisions 263. transitional government [repealed] 264. particular functions of transitional government [repealed] 265. existing courts of judicature [repealed] 266. existing offices of judges [repealed] 267. interim membership of court of appeal [repealed] 268. existing offices subject to the provisions of this article, every person who immediately before the coming into force of this constitution held or was acting in any office established by or by virtue of the constitution then in force, so far as is consistent with the provisions of this constitution, shall be taken to have been appointed as from the coming into force of this constitution, to hold or to act in the equivalent office under this constitution. the provisions of this article shall not prejudice any powers conferred by or under this constitution or any other law on any person or authority to make provision for the abolition of office, or for the removal from office of persons holding or acting in any office and for requiring persons to retire from office. in determining, for the purpose of any law relating to retirement benefits or otherwise, the length of service of a public officer to whom clause (1) of this article applies, service as a public officer under the government in existence immediately before the coming into force of this constitution shall be deemed to be continuous with service as a public officer which begins immediately after the coming into force of this constitution. except as otherwise provided in this constitution, the terms and conditions of service of a person to whom this article applies, shall not be less favourable than those applicable to that person immediately before the coming into force of this constitution. for the avoidance of doubt, it is declared that any office established before the coming into force of this constitution which is inconsistent with any provision of this constitution is, on the coming into force of this constitution, abolished. 269. regulation of political organisations [repealed] 270. existing political parties, or organisations [repealed] 271. first elections [repealed] 272. appointment to certain offices [repealed] 273. existing law subject to the provisions of this article, the operation of the existing law after the coming into force of this constitution shall not be affected by the coming into force of this constitution but the existing law shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with this constitution. for the purposes of this article, the expression "existing law" means the written and unwritten law of uganda or any part of it as existed immediately before the coming into force of this constitution, including any act of parliament or statute or statutory instrument enacted or made before that date which is to come into force on or after that date. 274. modification of existing law by first president [repealed] 275. enactments not yet in force where immediately before the coming into force of this constitution any existing law had not been brought into force or was to come into force on a date subsequent to the coming into force of this constitution, that law may be brought into force in accordance with its terms or shall come into force on such subsequent date as the case may be. 276. provisions regarding urban authorities [repealed] 277. existing commissions and committees of inquiry [repealed] 278. oaths deemed to have been taken [repealed] 279. pending matters where any matter or thing has been commenced before the coming into force of this constitution by any person or authority having power to do so under the existing law, that matter or thing may be carried on and completed by the person or authority having power to do so on or after the coming into force of this constitution and, unless the president in any case otherwise directs, it shall not be necessary for that person or authority to commence that matter or thing afresh. this article shall have effect subject to the provisions of this constitution and to any law made by parliament. 280. proceedings pending before courts legal proceedings pending immediately before the coming into force of this constitution before any court, including civil proceedings against the government, may be proceeded with and completed. 281. prerogative of mercy re cases before constitution the prerogative of mercy of the president under article 121 of this constitution may be exercised in respect of any criminal offences committed before the coming into force of this constitution as it may in respect of a criminal offence committed after the coming into force of this constitution. 282. devolution of rights and liabilities subject to the provisions of article 283 of this constitutionany right, prerogative, privilege or function which under the existing law vested in the president shall vest in the president or other person or authority as is specified under this constitution; any right, privilege, obligation, liability, or function vested in or subsisting against the government by or under an existing law shall continue to so vest or subsist. 283. succession to property all property, whether movable or immovable, and all assets which immediately before the coming into force of this constitution were vested in any authority or person for the purposes of or in right of the government or in the government shall, on the coming into force of this constitution, vest in the government, subject to the provisions of chapter fifteen of this constitution. any property which was immediately before the coming into force of this constitution liable to escheat or to be forfeited to any person or authority in right of the government shall, on the coming into force of this constitution be liable to escheat or to be forfeited to the government. 284. succession to contracts where there is subsisting, immediately before the coming into force of this constitution, a contract which has been entered into by or on behalf of the government, then on and after the coming into force of this constitution, all rights, liabilities and obligations of the government under the contract shall be vested in or, as the case may be, subsist against the government; and the contract shall otherwise continue to be of full force and effect. 285. revocation of statutory leases to urban authorities [repealed] 286. international agreements, treaties and conventions whereany treaty, agreement or convention with any country or international organisation was made or affirmed by uganda or the government on or after the ninth day of october, 1962, and was still in force immediately before the coming into force of this constitution; or uganda or the government was otherwise a party immediately before the coming into force of this constitution to any such treaty, agreement or convention, the treaty, agreement or convention shall not be affected by the coming into force of this constitution; and uganda or the government, as the case may be, shall continue to be a party to it. 287. repeal of 1967 constitution and legal notice no. 1 of 1986 [repealed] 288. term of current parliament to end with term of the president notwithstanding anything in this constitution, the term of the parliament in existence at the time this article comes into force, shall expire on the same date as the five year term of the president in office at the time this article comes into force as prescribed by clause (1) of article 105 of this constitution. where the service of a member of parliament is terminated as a result of the application of clause (1), that member of parliament is entitled to the payment by the state of compensation for loss of employment for the period by which his or her service as a member of parliament is shortened. the amount of compensation to be paid to a member of parliament under clause (2) shall be equal to the salary and allowances that the member of parliament would have earned as a member if he or she had continued to be a member until the date on which the term of the parliament in question would normally have ended. where a member of parliament entitled to compensation under clause (2) dies before the payment to him or her of the compensation, the compensation shall be paid to his or her estate. 289. term of current parliament notwithstanding anything in this constitution, the term of the parliament in existence at the time this article comes into force, shall expire after seven years of its first sitting after the general elections. 289a. application of clause 2 of article 105 clause 2 of article 105 shall come into effect upon dissolution of the parliament in existence at the commencement of this act. 290. five year term of local government councils not to apply to existing councils for the avoidance of doubt, the term of five years prescribed for local government councils by clause (4) of article 181 of this constitution shall only apply after the expiration of the term of the local government councils which were in existence at the time that that clause came into force. the term of local government councils in being at the time of the commencement of the constitution (amendment) act, 2005 shall be deemed to be extended to expire at the same time as the term of the president in office at the commencement of that act. 291. term of current local government councils for the avoidance of doubt, the term of seven years prescribed for local government councils by clause (4) of article 181 of this constitution shall apply to the term of the local government councils in existence at the commencement of this act. 292. preservation of rights in respect of existing offices subject to article 268, any person holding any office under this constitution before the coming into force of the constitution (amendment) act, 2005 shall, so far as consistent with this constitution, continue in office in an equivalent office. 293. existing constituencies until parliament prescribes the constituencies under article 63, the constituencies shall be those into which uganda was divided before the coming into force of the constitution (amendment) act, 2005. 294. movement organs continued until the first parliamentary elections for the purpose of the multi party political system are held, the organs under the movement political system as referred to in clause (2) of article 70 of the constitution shall remain in force and thereafter shall be subject to clause (3) of article 70 and article 73. first schedule. kampala and districts of uganda. (articles 5, 78) kampala districts of uganda bundibungyo kasese of rwenzori busia butaleja of bukedi pallisa tororo abim kaabong kotido of karamoja moroto nakapiripirit mbale sironko of bugisu manafwa bukwo kapchorwa of sebei adjumani moyo of madi arua koboko nebbi yumbe of west nile district comprising of maracha and terego counties amuru gulu kitgum of acholi pader district comprising of buliisa county hoima kibaale of bunyoro masindi kabarole kamwenge of tooro kyenjojo amuria kaberamaido katakwi of teso kumi soroti kalangala kayunga kiboga luwero masaka mityana mpigi mubende of buganda mukono nakaseke nakasongola rakai sembabule wakiso bushenyi ibanda isingiro kiruhuura of ankole mbarara ntungamo amolatar apac district comprising of dokolo county of lango lira oyam bugiri iganga of busoga jinja kaliro kamuli mayuge namutumba kabale kanungu kisoro of kigezi rukungiri second schedule. the boundary of uganda. (article 5) commencing at the highest point of mt. sabyinyo; thence in a north-easterly direction to the southern extremity of the bunagana ridge marked by boundary pillar 1; thence along the watershed of bunagana to its highest point, marked by bp 2; thence in a north-westerly direction in a straight line to the summit of the knoll chieshire, marked by bp 3; thence in a straight line in a north-easterly direction to the confluence of the rivers nyarugando and nkaka (kanga); thence following the thalweg of the river nyarugando to its source; thence in a straight line in a north-westerly direction to the highest point of the hill giseke, marked by bp 4; thence following the watershed between the hill giseke, and the hill lubona and its continuation as far as a point, marked by bp 5, about 400 metres north-west of the summit of the hill lubona; thence along the crest of the spur running in a north-westerly direction to river sinda (lulangala); thence along the crest of the opposite spur, as shown on the map, to the summit of the hill kirambo, marked by bp 6; thence in a curved line, as shown on the map, along the crest of a spur running from kirambo in a north-easterly and northerly direction to the northernmost elbow of the river kaku or rutshuru; thence in a straight line across this river to the mouth of the stream kasumo (sumo); thence along the thalweg of this stream to its source; thence in a straight line to the lowest point, marked by bp 7 of the col north-east of the above-mentioned elbow of the river kaku or rutshuru; thence in a straight line to the confluence of the rivers kyarakibi and murungu; thence following the thalweg of the river murungu down-stream to its junction with the thalweg of the river chonga; thence in a straight line to the summit of a hill(muko), marked by bp 8, about 700 metres north-north-east of this junction; thence in a straight line in a northerly direction to the summit of the hill chikomo (deko south) or katwakare, marked by bp 9; thence in a straight line to the summit of the hill deko north; thence in a straight line to the summit of a hill (nteko) about 3 km north by west of deko north; thence in a straight line to the point, marked by bp 10, where the kayonsa road crosses the river ivi; thence in a straight line to a point marked by bp 11, about 1 km to the north of bp 10, on a prominent spur of the nkabwa-salambo range; thence following the crest of this spur to the summit of the hill salambo; thence along the watershed of the nkabwa-salambo range to the summit of the hill nkabwa, marked by bp 12. from the summit of nkabwa hill, the boundary runs in an easterly direction to the summit of the hill kyeshero, marked by bp 12a; thence in the same straight line to the point known as kakoraza, marked by bp 13; thence in the same straight line eastwards to the river munyaga; thence along the thalweg of this river, downstream, to its junction with the thalweg of the river ishasha; thence along the thalweg of the river ishasha, downstream, to its mouth in lake edward; thence in a straight line in a northerly direction across lake edward to a point marked by bp 1 at the mouth of the river lubiriha-thako; thence along the thalweg of this river to a point marked by bp 2; thence along the thalweg of this river to a point marked by bp 3; thence along the thalweg of this river to a point marked by bp 4; thence along the thalweg of this river to the point where it separates into the rivers lubiriha and thako as marked by bp 5; thence along the thalweg of the river thako to a point marked by bp 6; thence continuing along the thalweg of the river thako, upstream, to its source at a point marked by bp 7; thence in a straight line to the highest point of the rwenzori range, the summit of margharita peak; thence in a straight line to the source of the river lami, situated about 5.4 km north-west of the peak kalengire and about 20 km south-west of the hill-top karangura; thence along the thalweg of the river lami, downstream, to its junction with the thalweg of river semliki; thence along the thalweg of the river semliki, downstream, to its mouth in lake albert; thence across lake albert in a succession of straight lines passing through the points situated mid-way between the shores of the lake on parallels of 010 31', 010 45' and 020 00' north latitude, to a point mid-way between the shores of the lake on the parallel of 020 07' north latitude. from this point the boundary runs in a northerly direction along the meridian for a distance of approximately 4.5 km north of the point on the parallel of 020 07' north latitude; thence in a straight line to a point marked by bp 1 on the shore of lake albert and on the prolongation of a straight line from the hill kagudi (uduka) to the knoll marombe on the escarpment overlooking lake albert about 1.7 km south-east by east of the hill kagudi, and is about 100 metres from the lakeshore on the said straight line; thence in a straight line to bp 2 on the hill marombe, about 2 km from the lakeshore; thence in a straight line to bp 3, on the summit of the hill kagudi (uduka); thence in a straight line to bp 4 on the neck of the hill ngumuda biet (otal), which is about 1.04 km from the hill kagudi; thence in a straight line to bp 5 on the hill biet (otal), at a distance of 3.04 km from the hill kagudi; thence in a straight line to bp 6 on the hill virkidi on a straight line from the hill kagudi to the hill biet at a distance of about 4.8 km from kagudi; thence in a straight line to bp 7 at the intersection of a straight line from the hill kagudi to the hill biet and a straight line from the hill milia to the junction of the rivers nashiodo and alala, close to the river otal on its left bank and is known as utal; thence in a northerly direction along the meridian of bp 7 on a straight line from the hill milia to the junction of the rivers nashiodo and alala to bp 8 about 4 km from the junction of the said rivers on the hill wellingondo; thence along the meridian to bp 9 on the hill nyatabu (niatabu), about 2.48 km from the junction of the said rivers; thence along the meridian to bp 10 on the hill nyatabu ii (nitabu) about 1.2 km from the junction of the said rivers in one of the villages known as parombo; thence along the meridian to bp 11 on the right bank of the river nashiodo (achodo) at its junction with the river alala; thence along the thalweg of the river upstream to its source to bp 12 on the summit of the hill keresi; thence along a curved line following the watershed of the river sido basin to bp 13 on the summit of the hill aminzi; thence in a straight line to bp 14 on the summit of the hill kiti in a straight line from the hill aminzi to monda (omunda) rock at a distance of about 2 km from aminzi; thence in a straight line to bp 15 on the east immediately below the summit of the rock monda; thence in a straight line to bp 16 on the right bank of the river niabola (nyibola) about 15 feet above its junction with the rivers nyarwodo (narodo) and niabola (nyibola); thence along the thalweg of the river niabola (nyibola) to bp 17 upon the summit of the hill agu; thence along a curved line following the watershed of the river aioda (ayuda) basin on bp 18 on the summit of the hill asina about 3.44 km south-west by south from the hill agu; thence along the watershed to bp 19 on the summit of the hill sisi; thence along the curved line following the watershed of the river leda to bp 20 on the summit of the hill ajigu; at a distance of about 2.56 km north-west by west of the hill sisi; thence along a curved line following the watershed of the river leda basin to bp 21, at a point 2.16 km west of bp 20; thence along a curved line following the watershed to bp 22 on the knoll okiyo situated about 4.2 km southeast by east of the summit of the hill cho; thence along a curved line to bp 23 on a small group of rocks (matijo) upon the watershed between the river niagak basin and that tributary which joins the niagak just below the confluence of the rivers niagaka and amoda and is about 2 km south-east by east of the hill cho; thence along a curved line to bp 24 on a small knoll on the above described watershed at a distance of about 200 metres from the confluence of the rivers niagak and amoda; thence in a straight line to bp 25 on the right bank of the river amoda (ammodar), immediately above its confluence with the river nyalidha, at a point about 1,600 metres south west of the summit of the hill akar; thence along the thalweg of the river nyalidha to bp 26 upon the nile-congo watershed about 6.2 km west-south-west of the summit of the hill akar and about 5.6 km south-south-east of the hill utzi, close to the source of the river omithameri. from this point the boundary follows the nile-congo watershed in a northerly direction to a point about 0.3 km south of the source of the river kaia (kaya) the tri-junction of the uganda/democratic republic of congo/sudan international boundaries; thence in a straight line to the source of the river kaia (kaya); thence along the thalweg of the river kaia (kaya), downstream to its confluence with the unnamed river which runs immediately south of chei and lodwa rocks, and then runs in a northerly direction; thence in an easterly direction in a straight line to a point on the western summit of the hill kirwa, marked by a surface beacon; thence in a south-easterly direction in a straight line to the confluence of the rivers adjika and khor nyaura (nyawa); thence in a north-easterly direction in a straight line to a point on the top of j. jalei, marked by a surface beacon; thence in an easterly direction to the source of the river khor kayo (kayu), approximately 3/4 miles from j. jalei; thence following the thalweg of the khor kayo to a point on the thalweg directly opposite the westernmost point of the foothills of the escarpment running north-west from jebel elengua; thence in a straight line to the westernmost point of the foothills; thence following the bottom of the foothills of this escarpment in a south-easterly, or such a line as shall exclude the riverain people below nimule; thence following due east to the intersection of the thalweg of the river bahr el jebel (white nile) with the thalweg of the river unyama; thence along the thalweg of the river unyuama, upstream, to a point on the thalweg along the latitude of jebel ebijo; thence following due east to the summit of jebel ebijo; thence following in the direction of jebel kakomera to the thalweg of the river achwa; thence following the thalweg of the river achwa, downstream, to the intersection of the thalweg and a straight line towards the village lokai to the northernmost point of the bottom of jebel marokho; thence following the summit of jebel agu; thence following the summit of jebel ilala (lwomwaka); thence in a straight line in a north-easterly direction to the hill (jebel) modole; thence following a straight line in a south-easterly direction to the most south-easterly foothills of jebel terenteinia; thence in a straight line in a south-easterly direction to a point on the summit of the hill (jebel) lonyili marked by a triangulation mark 9.y.2; thence on bearing 44â° 45' and for a distance of 58,506 feet approximately to triangulation mark 9.y.9; thence on bearing 44â° 45' and for a distance of 17,831 feet approximately to a triangulation mark 9.y.8; thence on bearing 44â° 45' and for a distance of 26,945 feet to a triangulation mark 9.y.6; thence on bearing 44â° 45' and for a distance of 17,854 feet to a triangulation mark 9.y.5; thence on bearing 44â° 45' and for a distance of 7,320 feet to a triangulation mark 9.y.4; thence on bearing 44â° 45' for a distance of 6,420 feet to a triangulation mark 9.y.3; thence on bearing 44â° 45' and for a distance of 20,306 feet to a triangulation mark 9.y.1 on the summit of the hill (jebel) urungo; thence on bearing 44â° 45' to a point north of mount zulia at a distance of 31.5 miles approximately from 9.y.1 and which is to the tri-junction of the uganda/sudan/kenya international boundaries. from this point the boundary is defined by a series of boundary pillars joined by straight lines as follows; on an approximate bearing of 127â° for an approximate distance of 21,500 ft. to pillar uk 180; thence on a bearing of 1320 41' for a distance of 4,444ft. to pillar uk 179; 151â° 51' 14,674 ft. uk178. 217â° 00 9,935 ft. uk177. 153â° 39' 11,091 ft. uk176. 116â° 35' 6,799 ft. uk175. 153â° 08' 9,457 ft. uk174. 180â° 05' 5,313ft. uk173; 193â° 47' 3,942ft. uk172; 252â° 36' 11,338ft. uk171; 175â° 13' 6,533ft. uk170; 108â° 18' 7,280ft. uk169; 136â° 07' 12,882ft. uk168; 118â° 30' 12,368ft. uk167; 184â° 26' 1,847ft. uk166; 193â° 32' 8,426ft. uk165; 195â° 43' 12,045ft. uk164; 208â° 42' 606ft. uk163; 225â° 39' 1,958ft. uk162; 244â° 44' 4,290ft. uk161; 244â° 37' 5,256ft. uk160; 186â° 44' 7,960ft. uk159; 185â° 09' 797ft. uk 158; 141â° 19' 224ft. uk 157; 105â° 28' 1,390ft. uk 156; 62â° 15' 6,590ft. uk 155; 79â° 18' 6,628ft. uk 154 79â° 24' 562ft. uk 153 98â° 30' 7,857 uk 152 86â° 30' 6,719ft. uk 151 19â° 35' 2,151ft. uk 150 54â° 05' 1,326ft. uk 149 52â° 46' 1,387ft. uk 148 84â° 15' 7,907ft. uk 147 88â° 38' 2,969ft. uk 146 93â° 11' 3,880ft. uk 145 162â° 13' 10,907ft. uk 144 169â° 22' 1,233ft. uk 143 180â° 05' 6,988ft. uk 142 276â° 03' 4,216ft. uk 141 269â° 35' 1 2,526ft. uk 140 220â° 56' 4,826ft. uk 139 213â° 23' 4,857ft. uk 138 244â° 58' 2,355ft. uk 137 262â° 40' 1,631ft. uk 136 176â° 51' 2,685ft. uk 135 71â° 53' 2,157ft. uk 134 141â° 01' 1,898ft. uk 133 73â° 20' 5,231ft. uk 132 95â° 51' 1,882ft. uk 131 107â° 02' 5,231ft. uk 130 193â° 16' 1,233ft. uk 129 164â° 54' 3,325ft. uk 128 249â° 32' 2,213ft. uk 127 248â° 20' 5,751ft. uk 126 257â° 52' 1,900ft. uk 125 131â° 49' 3,476ft. uk 124 72â° 43' 4,611ft. uk123; 81â° 33' 1,335ft. uk122; 69â° 56' 6,268ft. uk121; 68â° 27' 4,067ft. uk120; 68â° 08' 2,676ft. uk119; 108â° 26' 1,514ft. uk118; 120â° 39' 591ft. uk117; 174â° 30' 1,137ft. uk116; 177â° 54' 1,945ft. uk115; 73â° 00' 766ft. uk114; 29â° 30' 2,694ft. uk113; 79â° 44' 907ft. uk112; 66â° 16' 1,937ft. uk111; 79â° 55' 2,194ft. uk110; 145â° 27' 8,509ft. uk109; 156â° 21' 6,769ft. uk108; 135â° 26' 8,205ft. uk107; 125â° 22' 6,438ft. uk106; 129â° 06' 5,399ft. uk105; 187â° 04' 4,979ft. uk104; 190â° 48' 3,490ft. uk103; 206â° 19' 1,348ft. uk102; 90â° 43' 989ft. uk101; 19â° 19' 13,434ft. uk100; 43â° 44' 3,513ft. uk99; 72â° 50' 4,525ft. uk98; 77â° 44' 6,713ft. uk97; 91â° 40' 5,820ft. uk96; 119â° 12' 3,050ft. uk95; 137â° 48' 9,847ft. uk94; 138â° 59' 2,497ft. uk93; 166â° 14' 4,695ft. uk92; 208â° 52' 5,792ft. uk91; 109â° 54' 13,971ft. uk90; 130â° 36' 3,998ft. uk89; 189â° 05' 11,610ft. uk88; 190â° 53' 9,774ft. uk87; 173â° 59' 11,720ft. uk86; 185â° 18' 3,718ft. uk85; 185â° 17' 8,946ft. uk84; 185â° 17' 9,408ft. uk83; 214â° 56' 3,320ft. uk82; 223â° 42' 6,391ft. uk81; 234â° 33' 4,606ft. uk80; 264â° 01' 9,781ft. uk79; 305â° 56' 2,607ft. uk78b; 254â° 05' 658ft. uk78a; 166â° 43' 3,498ft. uk78; 135â° 44' 7,662ft. uk77; 147â° 08' 7,410ft. uk76; 171â° 43' 6,334ft. uk75; 212â° 11' 6,726ft. uk74; 249â° 27' 3,158ft. uk73; 181â° 55' 13,506ft. uk72; 170â° 05' 2,587ft. uk71; 129â° 00' 5,641ft. uk70; 137â° 01' 8,709ft. uk69; 165â° 27' 13,939ft. uk68; 159â° 01' 9,269ft. uk67; 174â° 59' 14,818ft. uk66; 179â° 35' 5,101ft. uk65; 172â° 44' 9,833ft. uk64; 178â° 53' 6,324ft. uk63; 148â° 52' 3,609ft. uk62; 98â° 07' 3,818ft. uk61; 124â° 01' 5,022ft. uk60; 122â° 27' 284ft. uk59; 147â° 13' 4,281ft. uk58; 157â° 07' 5,115ft. uk57; 66â° 06' 6,710ft. uk56; 107â° 46' 9,418ft. uk55; 117â° 32' 4,055ft. uk54; 151â° 38' 10,044ft. uk53; 131â° 09' 6,896ft. uk52; 171â° 33' 7,589ft. uk51; 185â° 03' 3,500ft. uk50; 181â° 55' 6,136ft. uk49; 177â° 35' 11,141ft. uk48; 156â° 20' 4,169ft. uk47; 142â° 05' 3,944ft. uk46; 175â° 32' 7,091ft. uk45; 170â° 00' 21,063ft. uk44; 112â° 40' 13,232ft. uk43; 119â° 36' 3,082ft. uk42; 160â° 39' 14,972ft. uk41; 105â° 33' 5,819ft. uk40; 87â° 07' 6,099ft. uk39; 98â° 58' 2,741ft. uk38; 32â° 32' 6,258ft. uk37; 120â° 25' 2,826ft. uk36; 157â° 06' 3,252ft. uk35; 113â° 29' 3,665ft. uk34; 106â° 38' 2,097ft. uk33; 109â° 05' 1,927ft. uk32; 119â° 28' 2,032ft. uk31; 154â° 27' 4,336ft. uk30; 156â° 57' 7,396ft. uk29; 74â° 05' 4,234ft. uk28; 140â° 39' 3,143ft. uk27; 159â° 12' 1,522ft. uk26; 159â° 02' 1,137ft. uk25; 162â° 28' 6,582ft. uk24; 164â° 56' 11,085ft. uk23; 173â° 19' 6,900ft. uk22; 181â° 26' 2,542ft. uk21; 191â° 10' 3,580ft. uk20; 190â° 36' 12,898ft. uk19; 133â° 27' 7,521ft. uk18; 161â° 49' 6,006ft. uk17; 162â° 32' 4,634ft. uk16; 136â° 59' 17,307ft. uk15; 157â° 19' 6,478ft. uk14; 145â° 56' 9,097ft. uk13; 128â° 23' 7,482ft. uk12; 79â° 21' 3,788ft. uk11; 6â° 50' 6,123ft. uk10; 75â° 11' 5,044ft. uk9; 144â° 31' 2,289ft. uk8; 169â° 05' 14,429ft. uk7; 165â° 40' 12,000ft. uk6; 92â° 56' 7,352ft. uk5; 160â° 24' 1,785ft. uk4; 167â° 20' 4,482ft. uk3; 158â° 00' 10,395ft. uk2; 86â° 07' 2,112ft. uk1; situated on the east bank of the river kanamuton at map reference yt 1773 (sheet na-36-8); thence following a straight line up the centre to the top of the pass known as karamuroi (pokot) or karithakol (karamojong); thence southerly following a straight line to the hillock called lokula; thence south-easterly following a straight line to a beacon at the highest point of the ridge known as kariemakaris; thence continuing following a straight line, still southerly, to the foot of the western spur of the hill known as aoruma, and following the foot of that spur to a beacon; thence in a generally southerly direction following straight lines to the westernmost end of the small hillock known as lewi lewi, to the hillock known as sumemerr (known to the pokot as sumaremar) to the hillock morumeri, to the hill known as kauluk, across the kanyangareng river to nongalitaba hill, across the kunyao river to the small hillock known as lokwamor, to the hillock known as kokas, to korkurao hill; thence to sagat hill and along the highest points of the rocky ridge (forming a continuation of mount riwa and known collectively by the karamojong as kogipie) known severally as sagat (karamojong) or kogipie(pokot), moruebu and karenyang; thence to the summit of the hill muregogoi; thence following a straight line to the source of the river maragat; thence by the centre of the river maragat to its confluence with the river maron; thence south-westerly by the foot of the north-western slopes of kassauria hill to the western extremity of that hill; thence following a straight line south-easterly to the north-eastern extremity of mount riwa; thence following the foot of the eastern portion of mount riwa to the source of the kanyerus river (marked by a large tree); thence south-easterly following a line of cairns, approximately in a straight line to the confluence of the river bukwa (kibukwa) with the river suam (swam); thence following the thalweg of the river suam, upstream, to the point where the more north-westerly of the two streams forming the river suam (swam) or turkwell emerges from the crator of mount elgon; thence following a straight line south-westerly to the highest point of mount elgon (sudek). from this point, the boundary continues following a straight line in a north-westerly direction to the wagagai summit of mount elgon; thence following a straight line, south-westerly, to the source of the river lwakhakha (also known as the malaba); thence following the thalweg of the river malaba to its intersection with the eastern side of the majanji-busia-tororo road at map reference xr 2765 (sheet na-36-15); thence in a south-westerly direction following a line on the east side of and 100 feet distant from and parallel to the centre line of the said road to its intersection with the river okame at map reference xr 2458 (sheet na-36-15); thence upstream following the thalweg of the river okame to its confluence with the river alupe; thence upstream following the thalweg of the river alupe to a point at map reference xr 2453 (sheet na-36-15) marked by a boundary cairn; thence following successively in a southwesterly direction, a number of boundary cairns at distances from each other of 55o feet, 1226 feet, 959 feet, 976 feet, 1007 feet, 580 feet, 1512 feet, 463 feet, 2364 feet (on the northern side of the main busia-mumias road) and 1436 feet at the source of the river sango at map reference xr 2251 (sheet na-36-15); thence downstream following the thalweg of the river sango to its confluence with the river sio; thence following the thalweg of the river sio to its mouth in lake victoria. from this point, the boundary continues following a straight line south-westerly to the most northerly point of sumba island; thence by the western and south-western shores of that island to its most southerly point; thence following a straight line south-easterly to the most westerly point of mageta island; thence following a straight line, still southerly, to the most western point of kiringiti island; thence following a straight line southerly to the most westerly point of ilemba island; thence following a straight line southerly to the westernmost point of pyramid island; thence following a straight line due south to a point on latitude 01000's. from this point the boundary continues following the 01000's parallel to the western shore of lake victoria; thence following the boundary pillars already erected along the 01000's as far as the second crossing of this line by the river kagera, between boundary pillars nos. 27 and 26; thence following the thalweg of the river kagera, upstream, to its confluence with the river kakitumba; thence following the thalweg of the river kakitumba, upstream, to its confluence with the river chizinga; hence following the river chizinga, upstream, to the source of its south-western branch marked by bp 38, and continuing along the thalweg in a south-westerly direction to bp 37 on the saddle between the hills mavari and kitoff; thence north-westerly in a straight line to a direction pillar on a knoll at the foot of the easterly spur of kitoff; thence in a straight line along the easterly spur of kitoff to a direction pillar; thence in a straight line to a direction pillar on the south-easterly spur of kitoff; thence in a straight line to bp 36 on the prominent southerly spur of kitoff; thence continuing around the slopes of the hill kitoff marked by direction pillars to bp 35 and by direction pillars along the westerly spur of kitoff and in a series of straight lines to bp 34; thence continuing to bps 33 and 32 along the eastern slopes of the mashuri range marked at each change of direction by a direction pillar as far as bp 31 on a conspicuous small hill; thence in a straight line in a south-easterly direction to another conspicuous small hill marked by a direction pillar; thence in a straight line across the river muvumba to the southern summit of the hill ndega (mbega) marked by bp 30; thence in a straight line to a direction pillar in the valley between the hills ndega and kivisa; thence in a straight line to a direction pillar on the northern spur of the hill kivisa; thence in along the spur of this hill to its summit marked by bp 29; thence continuing along a very conspicuous water parting to the top of the hill magumbizi marked by bp 28; thence along a line marked by direction pillars following the long easterly spur of the hill nebishagara to its summit marked by bp 27; thence along the crest of the conspicuous westerly spur to a direction pillar; thence in a straight line to a direction pillar on a conspicuous knoll in the valley; thence along the crest of a spur leading south-west and south to the summit of the hill kitanga marked by a direction pillar; thence in a straight line to the summit of the conspicuous small hill nyakara marked by a direction pillar; thence in a straight line marked by a direction pillar in the valley to bp 26 on the northern crest of the hill kabimbiri; thence along the crest in a southerly direction to the top of kabimbiri marked by bp 25; thence along the crest of this hill in a north-westerly direction, marked by direction pillars to bp 24; thence down the crest of a prominent spur to bp 23 at its foot, as more particularly delineated on uganda 1/50,000 sheet 94/3 (series y 732). the boundary then crosses the kamuganguzi or murinda swamp and follows the thalweg of the kiruruma swamp to a direction pillar at the edge of that swamp and thence to bp 22 on a conspicuous knoll; thence in a west-south-westerly direction marked by direction pillars along the spur of the hill kisibo to its summit marked by bp 21; thence in a straight line to bp 20 in the valley east of the hill sanja; thence in a straight line to the top of the hill sanja marked by bp 19; thence in a straight line to the top of the hill akasiru marked by a direction pillar; thence in a straight line to bp 18 which is situated 4 km north-west of the summit of the hill gwassa; thence in a straight line to the source of the river kiruruma marked by bp 17; thence following the thalweg of the river kiruruma (bigaga) downstream to bp 16 at its confluence with the river mugera (narugwambu); thence in straight line due west marked by a direction pillar to bp 15; thence along the crest of the vugamba range by direction pillar to bp 14 on the hill maberemere; thence by direction pillars to bp 13 on the most northerly point of the range; thence by direction pillars to the hill kanyaminyenya marked by bp 12; thence continuing along the crest of the vugamba range to its southern summit marked by bp 11; thence in a straight line to bp 10 on the top of the hill lugendabare; thence in a straight line to bp 9 on the hill namujera; thence in a curved line marked by bps 8, 7, 6, 5 and 4 to the summit of the hill musonga (east) marked by bp 3 as more particularly delineated on uganda 1/50,000 sheet 93/4 (series y 732). the boundary continues along the crest of this hill in a south-westerly direction marked by a direction pillar to bp 2 situated between the hills nyarubebsa and musongo and on the track leading southwards; thence to the summit of the hill nyarubebsa marked by a direction pillar; thence in a south-westerly direction along the spur referred to as the mulemule-musongo spur to the highest point of muhabura; thence along the watershed from the highest point of muhabura to the highest point of mugahinga; thence in a westerly direction to bp 1 on the north-south track running between mugahinga and sabyinyo; thence along the watershed to the highest point ofmount sabyinyo the point of commencement. third schedule. uganda's indigenous communities as at 1st february, 1926. (article 10 (a)) acholi aliba alur aringa baamba babukusu babwisi bafumbira baganda bagisu bagungu bagwe bagwere bahehe bahororo bakenyi bakiga bakonzo banyabindi banyabutumbi banyankore banyara banyaruguru banyarwanda banyole banyoro baruli barundi basamia basoga basongora batagwenda batoro batuku batwa chope dodoth ethur gimara ik (teuso) iteso jopadhola jie jonam kakwa karimojong kebu (okebu) kuku kumam langi lendu lugbara madi mening mvuba napore ngikutio nubi nyangia pokot reli sabiny shana so (tepeth) vonoma fourth schedule. oaths. (articles 15, 81, 82, 98, 108, 109, 111, 115, 149 and 256) oath of allegiance 'i................................................................swear in the name of the almighty god/ solemnly affirm that i will be faithful and bear true allegiance to the republic of uganda and that i will preserve, protect and defend the constitution. [so help me god.] oath of president/vice president 'i................................................................swear in the name of the almighty god/solemnly affirm/that i shall faithfully exercise the functions of the president/vice-president of uganda and shall uphold, preserve, protect, and defend the constitution and observe the laws of uganda and that i shall promote the welfare of the people of uganda [so help me god.] judicial oath 'i................................................................, swear in the name of the almighty god/solemnly affirm that i will well and truly exercise the judicial functions entrusted to me and will do right to all manner of people in accordance with the constitution of the republic of uganda as by law established and in accordance with the laws and usage of the republic of uganda without fear or favour, affection or ill-will. (so help me god). speaker/deputy speaker's oath 'i................................................................, swear in the name of the almighty god/solemnly affirm that i will at all times well and truly serve the republic of uganda in the office of speaker/deputy speaker and that i will support and uphold the constitution of the republic of uganda as by law established. (so help me god). oath of prime minister 'i................................................................being appointed prime minister of uganda swear in the name of the almighty god/solemnly affirm that i will at all times well and truly serve the republic of uganda in the office of prime minister, and i will support and uphold the constitution of the republic of uganda as by law established; and that i will to the best of my judgment at all times when required, freely give my counsel and advice to the president of uganda and his/her successors in office as by law established for the good management of the public affairs of the republic of uganda; and that i will not directly or indirectly reveal any matter as shall come to my knowledge in the discharge of my duties and committed to my secrecy. (so help me god). oath of minister 'i................................................................being appointed a minister of uganda swear in the name of the almighty god/solemnly affirm that i will at all times well and truly serve the republic of uganda in the office of a minister; and that i will support and uphold the constitution of the republic of uganda as by law established; and that i will to the best of my judgment at all times when required, freely give my counsel and advice to the president of uganda and his/her successors in office as by law established for the good management of the public affairs of the republic of uganda; and that i will not directly or indirectly reveal any matter as shall come to my knowledge in the discharge of my duties and committed to my secrecy. [so help me god]. oath of member of parliament 'i................................................................, swear in the name of the almighty god/solemnly affirm that i will give faithful service to this parliament and support and uphold the constitution of the republic of uganda as by law established. (so help me god.) oath of secretary to the cabinet 'i................................................................, being called upon to exercise the functions of secretary to the cabinet of uganda swear in the name of the almighty god/solemnly affirm that i will not directly or indirectly reveal such matters as shall be debated by the cabinet and committed to my secrecy. (so help me god). fifth schedule. regional governments. (article 178) 1. name of regional governments a regional government may adopt its own name. 2. composition of regional assembly the composition of a regional assembly shall be prescribed by act of parliament and shall consist ofdirectly elected representatives elected on the basis of universal adult suffrage at elections conducted by the electoral commission; representatives of women, who shall not be less than one third of the membership; representatives of the youth and persons with disabilities; representatives of indigenous cultural interests in areas where there is a traditional or cultural leader, nominated by the traditional or cultural leader but not exceeding fifteen per cent of the members of the regional assembly; district chairpersons in the region who shall be ex-officio members with no right to vote. a regional assembly shall have a speaker elected by the regional assembly from among its members; but a person shall only be taken to have been elected if the votes cast in his or her favour are more than fifty percent of all the members of the regional assembly. the speaker of the regional assembly shall, in relation to the regional assembly, perform similar functions to those of the speaker of parliament. members of regional assemblies shall serve for the same term as members of district councils. 3. committees of the regional assembly a regional assembly may establish standing and other committees or organs for the efficient discharge of its functions. the representatives of cultural interests shall constitute the standing committee on cultural matters. the standing committee on cultural matters shall have, as against the rest of the members of the regional assembly, exclusive jurisdiction on the cultural matters of the region. in this paragraph "cultural matters" include the followingthe choice and installation of a traditional leader or cultural leader; all traditional and cultural matters relating to the traditional or cultural leader and to the institutions of the traditional leader or cultural leader as well as royal members of the traditional leadership; the choice, appointment and succession to clan and sub-clan leadership; clan, traditional and customary matters; matters relating to cultural funeral rites, cultural succession and customary heirs; cultural or traditional lands, sites, shrines and installations; clan lands, sites, shrines and installation; and traditional, customary and cultural practices which are consistent with this constitution. in carrying out its responsibilities under subparagraphs (3) and (4), the standing committee on cultural matters shall consult the traditional or cultural leader of the region as well as the relevant clan leaders. a decision of the standing committee on cultural matters shall not be effective until the decision has been approved by the traditional or cultural leader of the region and, in the case of succession under subparagraph (4)(a), by the clan or cultural leader's council. 4. regional government a regional government shall be led by a regional chairperson elected in accordance with this paragraph. a person shall not be qualified to be elected a regional chairperson unlesshe or she is a citizen of uganda by birth as defined in article 10 of this constitution and one of whose parents or grandparents is or was resident in the region and a member of the indigenous communities existing and residing within the borders of the region as at the first day of february, 1926; he or she is qualified to be a member of parliament; and he or she is not less than thirty-five years of age. a regional chairperson shallbe directly elected by universal adult suffrage at an election conducted by the electoral commission; be willing and able, where applicable, to adhere to and perform the cultural and traditional functions and rites required by his or her office; where applicable, upon election, be given instruments of office by the cultural or traditional leader of the region; and be the political head of the regional government. parliament shall by law prescribe the grounds and procedure for removal of the chairperson of the regional government. 5. ministers of regional government a regional government shall have regional ministers who shall be appointed by the head of the regional government with the approval of the regional assembly. the number of regional ministers of a region shall be determined by parliament. 6. cooperation with central government a regional government shall cooperate with the ministries of the central government but on policy matters they shall liaise with the office of the president. 7. voting in the regional assembly representatives of cultural interests as defined in paragraph 3 shall not vote on any partisan matter. a matter shall be considered to be of a partisan nature if in the course of its being tabled or debated in a regional assembly it is declared by a majority vote of the directly elected representatives to be partisan. 8. role of traditional or cultural leader where a traditional leader or cultural leader exists in a region the traditional or cultural leader shallbe the titular head of the regional government; be the titular head of the regional assembly and shall open, address and close the sessions of the regional assembly; and enjoy the benefits and privileges and roles as provided for in article 246 of this constitution and by parliament and the regional assembly. 9. functions and services of regional governments the functions and services for which a regional government is responsible are as followssecondary education and tertiary institutions except national universities and other national institutions; regional roads; regional referral hospitals other than national referral hospitals and national medical institutions; co-ordination, monitoring and supervision of agriculture; forests, other than, forests, national parks and wildlife reserves managed by the government; culture; cultural and traditional lands; promotion of local languages, crafts and antiquities; water; sanitation; to levy surcharge or cess subject to the approval of central government; functions and services surrendered voluntarily by a district council or district councils; receiving copies of financial accountability of districts to the central government to enable the regional government monitor and supervise the implementation of government programmes. 10. land a regional government may establish a regional land board whose functions may include the followingcoordination and monitoring of land use in the region; planning of land use in the region; except that if there is a conflict between regional land planning and central government land planning, the latter shall prevail. a regional land board shall consist ofall chairpersons of the district land boards in the region; an equal number of members appointed by the regional government. a regional land board shall be represented on each district land board in its region in a manner prescribed by parliament. 11. financial provisions for regional governments where a regional government is established the government shall work out a formula of granting unconditional grants to the regional government having regard to the seventh schedule to this constitution. experts under the general direction of government and in consultation with regional governments shall work out the formula for the financial allocation to regional governments. grants sent to the region may change in light of economic and social conditions such as population and other similar considerations. there shall also be a mechanism to resort to in case the central government without reasonable cause fails to remit funds to the regional government. 12. recognition of cultural diversity and equitable distribution of resources each regional government must recognize and respect the different cultures existing within the region. a regional government shall ensure that there is equitable distribution of the resources in the region in accordance with a formula worked out by government in consultation with regional governments. 13. national cultural heritage sites parliament shall by lawgazette national cultural heritage sites; and provide for the ownership and management of the cultural sites referred to in subparagraph (a) of this paragraph. 14. take-over of regional government by president wherethe high court determines that there is failure to comply with the requirements of paragraph 12; the regional government so requests and it is in the public interest to do so; a state of emergency has been declared in the region or in uganda generally; or it has become extremely difficult or impossible for the regional government to function; a regional government shall be liable to a take-over of its administration by the president in a manner prescribed by an act of parliament and similar to the take-over of administration of a district under article 202 of this constitution. in the circumstances described in subparagraph (1), the president may, with the approval of two thirds of the members of parliament, assume the executive and legislative powers of the regional government. the exercise by the president of the power to assume the executive and legislative powers in subparagraph (2), may be done through such persons or officers as the president may appoint; and the legislative functions shall be exercised by making statutory instruments. where the president assumes the exercise of the legislative powers of a regional government under this paragraph, the president shall have no power to make laws on cultural matters as defined in paragraph 3 of this schedule. unless approved by parliament for a longer term, the exercise by the president of the power to take over, shall be for a period not exceeding ninety days. upon the expiry of the term under subparagraph (5)the president shall hand back the administration of the region to the incumbent regional government; or if parliament, by a resolution supported by not less than two thirds of all members of parliament, decides that the prevailing circumstances still make it impossible for the incumbent regional government to resume the administration of the regionwhere the unexpired term of the regional assembly is longer than twelve months, the president shall cause elections to be held for a new regional assembly within sixty days; or where the unexpired term of the regional assembly is less than twelve months the president shall continue to administer the region until the next elections are held. sixth schedule. functions and services for which government is responsible. (article 189) arms, ammunition and explosives. defence, security, maintenance of law and order. banks, banking, promissory notes, currency and exchange control. subject to this constitution, taxation and taxation policy. citizenship, immigration, emigration, refugees, deportation, extradition, passports and national identity cards. copyrights, patents and trademarks and all forms of intellectual property, incorporation and regulation of business organisations. land, mines, mineral and water resources and the environment. national parks, as may be prescribed by parliament. public holidays. national monuments, antiquities, archives and public records, as parliament may determine. foreign relations and external trade. the regulation of trade and commerce. making national plans for the provision of services and co-ordinating plans made by local governments. national elections. energy policy. transport and communications policy. development and upgrading of national roads. national censuses and statistics. public services of uganda. the judiciary. national standards. education policy. national surveys and mapping. industrial policy. forest and wildlife reserve policy and management. national research policy. control and management of epidemics and disasters. health policy. agricultural policy. any matter incidental to or connected with the functions and services mentioned in this schedule. seventh schedule. unconditional grant to local governments. (article 193) unconditional grant is the minimum amount to be paid to the local governments to run the decentralised services. for a given fiscal year, this amount is equal to the amount paid to local governments in the preceding fiscal year for the same items adjusted[2] for general price changes plus or minus the budgeted cost of running added or subtracted services; calculated in accordance with the following formulay1 = y0 + by0 + x1 = (1+b) y0 + x1 where y1 is the minimum unconditional grant for the current fiscal year; y0 is the minimum unconditional grant in the preceding fiscal year; b is the percentage change if any, in the general price levels in the preceding fiscal year; and x1 is the net change in the budgeted cost of running added and subtracted services in the current year. for the purposes of this formula, the current fiscal year shall be taken to commence with fiscal year 1995/96. preamble the congolese people, conscious of the necessity to preserve the peace and the stability, the unitary form and the secular and indivisible character of the state, the national unity and social cohesion; concerned about building a republic founded on the principles of equality, of fraternity, of sharing and of solidarity on the one hand, and on the other hand of assuring the development [épanouissement] of each and of all within the framework of a republic respectful of the intangible rights of the human person; interpellated by the pressing need to conciliate the universal values of democracy and the political, social and cultural national realities; affirm their attachment to the virtues of dialogue as [a] means of peaceful regulation of disagreements within the framework of an appeased republic; solemnly reaffirm, its permanent right of inalienable sovereignty over all the national wealth and the natural resources as fundamental elements of its development; declare [as an] integral part of this constitution, the fundamental principles proclaimed and guaranteed by: the united nations charter of 24 october 1945; the universal declaration of the rights of man of 10 december 1948; the african charter of the rights of man and of peoples of 26 june 1981; the charter of the national unity and the charter of rights and freedoms of 29 may 1991; all the pertinent national and international texts duly ratified, relative to human rights; condemn the coup d'état, the tyrannical exercise of power and the usage of political violence, under all its forms, as means of accession to power or to its conservation. ordain and establish for the congo this constitution that enunciates the fundamental principles of the republic, defines the rights and the duties of the citizens and establishes the forms of organization and the rules of functioning of the state. title i. of the state and of sovereignty article 1 the republic of the congo is a state of law, sovereign, unitary and indivisible, decentralized, secular, and democratic. its capital is brazzaville. article 2 the principle of the republic is: government of the people, by the people and for the people. article 3 the national emblem is the tricolor flag, [of] green, yellow, [and] red. of rectangular form, it is composed of two right-angled triangles of green and red color, separated by a yellow band in diagonal, the green being on the side of the pole [hampe]. the law specifies the dimensions, the tones of the colors and the other details of the flag. article 4 the national anthem is "la congolaise [the congolese]". the motto of the republic is "unité, travail, progrès [unity, work, progress]". the seal of the state and the coat-of-arms of the republic are determined by the law. the official language is french. the national vehicular languages [langues véhiculaires/lingua franca] are lingala and kituba. article 5 the national sovereignty belongs to the people who exercise it by means of universal suffrage, by their elected representatives or by way of referendum. no fraction of the people one fraction of the people, no body of the state or no individual may arrogate its exercise. article 6 suffrage is universal, direct or indirect, free, equal and secret. all congolese being already eighteen (18) years of age and enjoying their civil and political rights are electors within the conditions established by the law. article 7 the republic of congo consecrates [consacre] political pluralism. title ii. of the fundamental rights and freedom sub-title i. of the rights and freedoms article 8 the human person is sacred and has the right to life. the state has the obligation to respect it and to protect it. each citizen has the right to the full development [épanouissement] of his person within respect for the rights of others, of the public order, of ethics [morales] and of morals [bonne mïurs]. the penalty of death is abolished. article 9 the freedom of the human person is inviolable. no one may be arbitrarily accused, arrested or detained. any accused is presumed innocent until his culpability has been established following a just and equitable process guaranteeing the rights of defense. the rights of the victim are equally guaranteed. article 10 save in the case of loss or of forfeiture of nationality, no congolese citizen may be extradited, or delivered to a foreign power or organization, for whatever motive that may be. the state has the duty to provide assistance to all congolese citizens prosecuted before a foreign or international jurisdiction. article 11 all arrested persons are informed of the motif of their arrest and of their rights in a language that they comprehend. all acts of torture, all cruel, inhuman or degrading treatments are prohibited. the judicial power, guardian of the individual freedoms, assures the respect for this principle within the conditions established by the law. article 12 war crimes, crimes against humanity, [and] the crime of genocide, are punished within the conditions determined by the law. they are imprescriptible. article 13 any propaganda or any incitement to ethnic hatred, to insurrection, to violence or to civil war constitutes a crime punished by the law. article 14 any individual, any agent of the state, any agent of the local collectivities, any public authority who would be rendered culpable [se render coupable] of acts of torture or of cruel, inhuman or degrading treatment, either on his own initiative, or under instructions, is punished according to the law. article 15 all congolese citizens are equal before the law and have right to the protection of the state. none may be favored or disadvantaged by virtue of their family origin, ethnic [origin], of their social condition, of their political, religious, philosophical, or other convictions. article 16 the law guarantees and assures the promotion and the protection of the rights of the autochthonous peoples. article 17 the woman has the same rights as the man. the law guarantees parity and assures the promotion as well as the representativeness of women in all political, elective and administrative functions. article 18 any citizen has the right, in any place, to the recognition of his juridical personality. article 19 congolese citizenship is guaranteed by the law. any congolese has the right to change nationality or to acquire a second [one]. article 20 the domicile is inviolable. search may only be ordered within the forms and the conditions specified by the law. article 21 the right of asylum is granted to foreign nationals [ressortisants] within the conditions determined by the law. article 22 any citizen has the right to circulate freely on all of the national territory. he has the right to freely exit the national territory and to return to it, except of this freedom is made the object of restriction by [the] judicial or administrative way [voie]. article 23 the rights of property and of succession are guaranteed. no one may be deprived of their property except for cause of public utility, [and] subject [moyennant] to a just and prior indemnification, within the conditions specified by the law. article 24 the freedoms of belief and of conscience are guaranteed. the use of religion for political ends is prohibited. any manipulation, any forced recruitment [embrigadement] of conscience, any constraints [sujetions] of any nature imposed by any religious, philosophical, political and sectarian fanaticism are prohibited and punished by the law. article 25 any citizen has the right to express and to freely diffuse his opinion by words [par la parole], writing, images or by any other means of communication. the freedom of information and communication is guaranteed. it is exercised within respect for the law. censorship is prohibited. the access to the sources of information is free and protected within the conditions determined by the law. article 26 the secrecy of correspondence, of telecommunications or of any other form of communication may not be violated, except in the cases and the conditions provided for by the law. article 27 the state recognizes and guarantees, within the conditions established by law, the freedoms of association, of assembly, of procession and of manifestation. article 28 the right to culture and to the respect for the cultural identity of each citizen is guaranteed. the exercise of this right must not cause prejudice [porter préjudice], to the public order, or to others and to the national unity. article 29 the state assures the fulfillment of youth. under this title, it guarantees notably: the right to education [education] and the equal access to education [enseignement] and to training [formation]; obligatory school attendance [scolarité] until the age of sixteen (16) years. article 30 the state recognizes to all citizens the right to work and creates the conditions which render its enjoyment effective. article 31 the aged persons and persons living with handicap have the right to measures of protection in relation to their physical, moral or other needs, in view of their full development [épanouissement] within the conditions determined by the law. the state has the duty to promote the presence of the person living with [an] handicap within the national and local institutions and administrations. article 32 with the exception of the magistrates and of the agents of the public force, the syndical freedoms and the right to strike within the conditions established by the law. article 33 no one may be compelled [astreint] to forced labor, except in the case of a penalty deprivative of liberty pronounced by a jurisdiction legally established. no one may be submitted to slavery. article 34 every person has the right to rest and to leisure, notably to a limitation of the duration of work and to periodic vacations [congés] as well as to the remuneration of the holidays within the conditions established by the law. article 35 every citizen has the right to the protection of moral and material interests deriving from any scientific, literary or artistic work of which he is the author. the sequestration, the seizure, the confiscation, the interdiction of all or [a] part of any publication, of any recording or of other means of information or of communication may only be done by virtue of a decision of justice. article 36 the state is the guarantor of the public health. the state guarantees the right to create private socio-sanitary establishments [établissements socio-sanitaires] within the conditions established by the law. article 37 the state has the obligation to assist the family in its mission as guardian of the morality and of the values compatible with the republican order. the rights of the mother and of the child are guaranteed. article 38 marriage and family are under the protection of the law. all the children born within marriage or outside the marriage have[,] concerning their parents[,] the same rights and duties. they enjoy the same protection in terms of the law. parents have concerning their children born within the marriage or outside of marriage[,] the same obligations and the same duties. article 39 every child, without discrimination, has right, on the part of his family, of society and of the state, to measures of protection that their condition requires. article 40 the state has the obligation to protect children and adolescents against economical or social exploitation. work by children of less than sixteen (16) years is prohibited. article 41 every citizen has the right to a healthy, satisfying and durable environment and has the duty of defending it. the state sees to the protection and the conservation of the environment. article 42 the conditions of storage, of handling, of incineration and of disposal of toxic wastes, pollutants or radioactive [materials] originating from factories and other industrial or artisan sites installed on the national territory, are established by the law. all pollution or destruction resulting from an economical activity gives rise to compensation. the law determines the nature of the compensatory measures and the modalities of their execution. article 43 the transit, the importation, the storage, landfill, [and] dumping in the continental waters and the maritime spaces under national jurisdiction, the expanding in the airspace of toxic wastes, pollutants, radioactive [matter] or of any other dangerous product, originating or not from abroad, constitute crimes punished by the law. article 44 any act, any agreement, any convention, any administrative arrangement or any other act, which has as [a] consequence to deprive the nation of all or part of its own means of existence deriving [tirés] from its natural resources or from its wealth, is considered as an crime of pillage and punished by the law. article 45 the acts referred to [visés] in the preceding article, as well as attempts of them, whatever the modalities may be, if they are the act of a constituted authority, are, accordingly to the case, punished as a crime of pillage or as [an] act of breach of duty [forfaiture]. article 46 every citizen has the right to present requests to the appropriate organs of the state. article 47 every citizen who suffers [subit] a prejudice by an act of the administration has the right to take action [agir] in justice, within the forms determined by the law. article 48 every person has the right, within the respect for the law, to engage in activity [entreprendre] in the sectors of his choice. article 49 any foreigners regularly established on the national territory benefits from the same rights and freedoms as nationals, within the conditions determined by the treaties and the laws, under reserve of reciprocity. sub-title ii. of the duties article 50 every citizen has the duty to comply with the constitution, to the laws and regulations of the republic and of fulfilling [s'acquitter] their obligations towards the state and society. article 51 every citizen has the duty of respecting the rights and freedoms of the other citizens and of safeguarding the security and the public order. they work [ïuvre] for the promotion of tolerance and of dialogue in relations with others. they have the obligation of preserving the national interest, the social order, the peace and the national coherence. every act or every manifestation of an ethnic, racist or xenophobic character is punished by the law. article 52 every foreigner regularly established in the territory of the republic of congo is subject to the obligations enounced in articles 50 and 51. article 53 the assets of the state are sacred. the assets of the public domain are inalienable, non-transferable, imprescriptible and cannot be seized. every citizen must respect them and protect them. the law establishes the conditions for the alienation of public assets, in the general interest. article 54 any act of sabotage, of vandalism or of embezzlement [dilapidation] of the public monies [deniers] is prohibited and reprimanded within the conditions provided for by the law. article 55 every citizen, elected or appointed to a high public function, is required to declare his patrimony when taking his functions and at the cessation of them, in accordance with the law. the law determines the functions subject to the obligation indicated above as well as the modalities of [the] declaration of patrimony. article 56 every citizen elected or appointed to a public function has the duty to exercise it without discrimination. title iii. of the political parties and of the status of the opposition article 57 the political party is an association endowed with moral personality which assembles citizens for the peaceful acquisition and administration [gestion] of power around a project of society dictated by the concern [souci] to realize the general interest. article 58 the political parties are created freely around an ideal of peace, of national unity and of socio-economic development. they enjoy juridical [morale] personality. the affiliation with a political party is free. none may be the object of discriminatory measures by virtue of their affiliation with a political party or by the fact that they do not affiliate with any political formation. it is prohibited to the political parties to identify themselves with a department, with a commune, with a district, with an urban or rural community, with a religion, with an ethnic group [ethnie] or with a clan. the magistrates and the agents of the public force may not affiliate with political parties. article 59 the political parties benefit from the financial participation of the state. article 60 it is prohibited to the political parties to receive any form of participation [concours] of a nature that infringes the national independence and sovereignty. article 61 the political parties must, to be recognized, conform to the following principals: the respect, the safeguarding and the consolidation of the national unity; the protection and the promotion of the fundamental rights of the human person; the pursuit of the satisfaction of the general interest of the congolese people; the promotion of a state of law founded on the respect for and the defense of democracy, of the individual and collective freedoms; the defense of the integrity of the territory and of the national sovereignty; the proscription of intolerance, of ethnicism, of sectarianism and of the recourse to violence in all its forms; the respect of the republican, secular and indivisible character of the state. article 62 the other conditions of existence of the political parties as well as the modalities of their financing are determined by an organic law. article 63 the political opposition is recognized in the republic of congo. it may not undergo limits, regarding its existence and its democratic activities, except for those imposed to all the political parties by this constitution and the law. the law determines the status [statut] of the political opposition. title iv. of the executive power sub-title i. of the president of the republic article 64 the president of the republic is the head of the state. he is the guarantor of the national independence, of the integrity of the territory, of the national unity, of the respect for the constitution and for the international treaties and agreements. he determines the foreign policy and [the policy] of defense of the nation. the president of the republic is the guarantor of the regular functioning of the public powers and of the continuity of the state. article 65 the president of the republic is elected for a mandate of five (5) years renewable two (2) times. the president of the republic remains in [his] function until the end of his mandate which, excluding [a] case of force majeure recognized and declared by the constitutional court, must coincide with the effective taking of [his] function of his elected successor. article 66 no one may be a candidate for the functions of president of the republic if: he is not of congolese nationality of origin; he does not enjoy his civil and political rights; he is not of [a] good morality; he does not attest to a professional experience of eight (8) years at least; he is not aged thirty (30) years; if he does not enjoy a state of physical and mental well-being duly declared by a college of three sworn doctors, designated by the constitutional court. article 67 the president of the republic is elected by universal direct suffrage, by uninominal ballot, by the absolute majority of the suffrage expressed. if this is not obtained in the first round of the ballot, it proceeds, twenty-one (21) days after the proclamation of the results by the constitutional court, to a second round. only the two candidates having obtained the greater number of [the] suffrage expressed in the first round[,] may present themselves in the second round. the candidate having received the majority of the suffrage expressed[,] is declared elected in the second round. article 68 the electoral body is convoked by decree [taken] in the council of ministers. article 69 the first round of the ballot takes place thirty (30) days at least, and forty (40) days at most, before the expiration of the mandate of the president in office [exercice]. article 70 if before the first round, one of the candidates dies or finds himself definitively incapacitated, the constitutional court decides on the postponement [report] of the election. in the case of death or of definitive incapacity of one of candidates still in the running [restés en lice] for the second round, the constitutional court declares to proceed again to the whole [ensemble] of the electoral operations. in the cases specified [visés] in paragraphs 1 and 2 above, the constitutional court referred to [the matter] either by the president of the republic, or by the president of one or the other chamber of parliament, or by interested [person], can suspend the time periods specified in article 69. the ballot must take place within ninety (90) days counting from the date of the decision of the constitutional court. if the application of these provisions of this paragraph have the effect of postponing the presidential election beyond the date of expiration of the mandate of the president of the republic in office [exercise], he remains in [his] function until the taking of the oath by his elected successor. in the case of withdrawal [déssistement] of one of the two candidates qualified for the second round, the election continues with the candidate remaining in the running. article 71 the law establishes the conditions and the procedure of eligibility, of presentation of the candidatures, of development of the ballot, of counting of the votes [dépouillement] and of proclamation of the results of the election of the president of the republic. it equally specifies the provisions required for the elections to be free, transparent, just and regular. article 72 if no objection [contestation] has been raised in the time period of five (5) days following the proclamation of the provisional results of the election of the president of the republic and if the constitutional court, referred to [the matter] of office, deems [estime] that the election is not tainted with any irregularity of a nature to cause the annulment of the ballot, it proclaims the definitive results of it within the fifteen (15) days following its referral [to the matter]. in case of dispute [contestation], the constitutional court decides within a time period of fifteen (15) days counting from its referral [to the matter] and proclaims the definitive results. article 73 in the case of annulment of the election by the constitutional court, new elections are organized within the time periods of forty-five (45) to ninety (90) days counting from the notification of the decision of the constitutional court to the president of the republic in [his] functions. in this case, the president of the republic in office [exercice] remains in [his] function until the taking of the oath by the new elected president of the republic. article 74 in the case of death or definitive incapacity of the elected president of the republic before entering into [his] function, it proceeds to new elections within the time period of forty-five (45) to ninety (90) days counting from the notification to the president of the republic in [his] functions of the decision of the constitutional court stating the death or definitive incapacity of the elected president of the republic. the president of the republic in office remains in [his] function until the taking of the oath by the new elected president of the republic. article 75 the candidates to the election of president of the republic having obtained at least ten percent (10%) of the suffrage expressed have the right to the reimbursement of the costs and expenses of the campaign. the law establishes the authorized ceiling for the reimbursement of the costs and expenses of the campaign article 76 the mandate of the president of the republic debuts on the day of his taking of the oath and ends at the expiration of the fifth (5th) year following the debut of him. the taking of the oath of the elected president of the republic intervenes twenty days (20) at the latest after the proclamation of the definitive results of the election by the constitutional court. article 77 at the moment of [lors] entering into [his] function, the president of the republic takes the following oath: "before the nation and the congolese people, i: (name of the elected), president of the republic, solemnly swear: to respect and to have respected the constitution, and to defend the nation and the republican form of the state; to loyally fulfill the high functions that the nation and the people have confided in me; to guarantee peace and justice to all; to preserve the national unity, the integrity of the national territory, [and] the national sovereignty and independence." the oath is received by the constitutional court, in public and solemn audience, in the presence of the national assembly, of the senate and of the supreme court. article 78 in the case of vacancy of the function of presidency of the republic, by death or any other cause of definitive incapacity, the functions of president of the republic, with the exception of the attributions mentioned in articles 82, 83, 86, 87, 88 paragraph 2, 89, 91, 92, 138, 162 and 240, are provisionally exercised by the president of the senate; in case of incapacity of the president of the senate, they are assured by the president of the national assembly, and in the case of incapacity of both, by the prime minister. the vacancy is established and declared by the constitutional court, referred to [the matter] by the prime minister. if within the twenty-four hours following the vacancy, the prime minister has not referred [the matter] to the constitutional court, this refers itself ex oficio, determines [constate] and declares the vacancy. in both cases, the constitutional court designates the president of the senate or the president of the national assembly, and in case of incapacity of these, the prime minister, president of the republic by interim. the president of the senate, the president of the national assembly or the prime minister assuring the interim of the function of president of the republic, may not be [a] candidate to the presidential election. article 79 when entering into [his] function, the president of the republic by interim takes the oath specified in article 77. the interim may not exceed ninety (90) days. the election of the new president of the republic takes place, excluding [a] case of force majeure duly declared [constatée] by the constitutional court, forty-five (45) days at least and ninety (90) days at most following the opening of the vacancy. article 80 the functions of president of the republic are incompatible with the exercise of any other elective mandate, of any public employment, civil or military and of any professional activity. the mandate of president of the republic is equally incompatible with any responsibility within a political party. article 81 during the exercise of his functions, the president of the republic cannot[,] by themselves or by [an] intermediaries, purchase or lease assets belonging to the domain of the state and of the local collectivities. he cannot take part in the public markets or the adjudications within the administrations or the institutions in which the state has interests. article 82 the president of the republic receives [peroivent] a compensation of which the amount [montant] is determined by regulatory the way [voie]. he occupies an official residence. article 83 the president of the republic appoints the prime minister and terminates his functions. on proposal of the prime minister, he appoints the other members of the government and terminates their functions. the president of the republic establishes by decree the attributions of the members of the government. article 84 the president of the republic presides over the council of ministers. article 85 the president of the republic promulgates the laws within the fifteen (15) days following the transmission by the national assembly to the government. this time period is reduced to five (5) days in the case of urgency declared by the two (2) chambers of the parliament. the president of the republic can, before the expiration of this time period, demand of one or the other chamber of the parliament a second deliberation of the law or of certain of its articles. this second deliberation cannot be refused. if the parliament is at the end of [its] session, this second deliberation takes place, of office, during the following session. the vote, for this second deliberation, is acquired with the majority of two-thirds (2/3) of the members composing the national assembly and the senate meeting in congress. if, after this last vote, the president of the republic refuses to promulgate the law, the constitutional court, referred to [the matter] by the president of the republic or by the president of one or the other chamber of the parliament, proceeds to a control of the conformity of the law. if the constitutional court declares the law conforming to the constitution, the president of the republic promulgates it. article 86 the president of the republic alone has the initiative of the referenda. article 87 the president of the republic can submit to referendum, after [the] opinion of conformity of the constitutional court, any bill of law when he judges it necessary. in the case of an opinion of non-conformity, it may not proceed to the referendum. when the referendum has concluded with the adoption of the bill, the law is promulgated within the fifteen (15) days following the proclamation of the results of it. article 88 the president of the republic signs the ordinances and the decrees deliberated in the council of ministers. he appoints in the council of ministers to the high civil and military offices [emplois]. the law determines the functions and the civil and military offices to which he is provided by decree in the council of ministers. article 89 the president of the republic appoints the ambassadors and the extraordinary envoys to foreign powers and international organizations. the foreign ambassadors and extraordinary envoys are accredited to him. article 90 the president of the republic is the supreme chief of the armies. he presides over the committee of defense as well as the superior organs of orientation, of follow-up [suivi] and of strategic decision in matters of defense and of security. article 91 the president of the republic presides over the superior council of the magistrature. article 92 the president of the republic exercises the right of pardon. article 93 when the institutions of the republic, the independence of the nation, the integrity of the national territory or the execution of the international engagements are menaced in a grave and imminent manner[,] and that the regular functioning of the public powers is interrupted, the president of the republic takes the measures required by the circumstances, after consultation of the prime minister and of the presidents of the two chambers of the parliament. he informs the nation by a message. the parliament meets of plain right in extraordinary session. the parliament establishes the time period at the term of which the president of the republic can no longer take the exceptional measures. article 94 the president of the republic addresses, one time per year, a message on the state [état] of the nation to the parliament meeting in congress. he can, at anytime, address messages to one or the other chamber of the parliament. these messages do not give rise to any debate. article 95 the president of the republic is justiciable before the high court of justice. the penal responsibility of the president of the republic may be engaged in the case of grave failure [manquement] in his duties, manifestly incompatible with the exercise of his high function. in this case, the president of the republic is impeached [mis en accusation] by the parliament meeting in congress deciding by a majority of three-quarters (3/4) of its members. an organic law establishes the conditions and the procedure of impeachment of the president of the republic. article 96 prosecution for acts qualified as crimes or misdemeanors or for grave failure in his duties committed on the occasion of the exercise of his function may no longer be exercised against the president of the republic after the cessation of his functions. the violation of the above provisions constitutes the crime of breach of duty [forfaiture] or high treason according to the law. article 97 the acts of the president of the republic other than those specified in articles 82, 87 and 93 are countersigned by the prime minster and the ministers given the charge of their execution. sub-title ii. of the government article 98 the government includes the prime minister, head of the government and the ministers. article 99 the prime minister, in concert [concertation] with the president of the republic, determines the economic and social policy of the nation. article 100 the prime minister is responsible for the conduct of the economic and social policy before the national assembly. article 101 the prime minister assures the execution of the laws and exercises the regulatory power in the matters other than those arising from the decrees in the council of ministers. he appoints to the civil and military employments other than those provided for in the council of ministers or by [a] simple decree of the president of the republic. he substitutes the president of the republic in the presidency of the councils of defense as well as of the superior organs of orientation, of monitoring and of strategic decision in matters of defense and security. article 102 the prime minister convokes and holds the council of the cabinet. he presides over the inter-ministerial committees. article 103 on entering into his function, the prime minister presents before the national assembly the program of action of the government. the presentation of the program of action of the government does not give rise to [a]debate, or to [a] vote. article 104 the acts of the prime minister are countersigned by the ministers responsible for their execution. article 105 the functions of member of the government are incompatible with the exercise of any elective mandate, of any function of professional representation of a national character and of any private or public, civil or military employment or of any other professional activity. the members of the government may exercise agricultural [and] cultural activities, [activities] of local councilor, of teaching [enseignement] and of research. article 106 during the exercise of his functions, the prime minister and the other members of the government cannot[,] by themselves or by [an] intermediaries, purchase or lease assets belonging to the domain of the state and of the local collectivities. they may not take part in the public markets or the adjudications within the administrations or the institutions in which the state has interests. they may not, for a fee or free of charge [à titre onéreux ou gracieux], acquire either for their account or for the account of third parties, the residences of functions [résidences de function] made available to them. title v. of the legislative power sub-title i. of common provisions article 107 the parliament is composed of two chambers: the national assembly and the senate. the parliament exercises the legislative power and controls the action of the government. the means of information and of control of the parliament over the action of the government are: the interpellation; the oral question; the written question; the question of current issues; the hearing [audition] in commission; the parliamentary inquiry; the motion of censure. article 108 the functions of deputy and of senator give right to the reimbursement of transport expenses and to the payment of the indemnities. article 109 the mandates of deputy and of senator can be prolonged by the constitutional court referred to [the matter] by the president of the republic, in the case of exceptionally grave circumstances impeding the normal development of the elections. article 110 the law determines: the electoral circumscriptions; the number of seats and their division by administrative circumscription; the mode of the ballot; the conditions of organization of new elections in the case of vacancy of a seat, as well as the regime of the ineligibilities; the status [statut] of the deputies and of the senators. article 111 the candidates to the legislative or senatorial elections are presented by the political parties or by political groups. they can also present themselves as independent candidates. article 112 the deputies and the senators loose their mandate if they are the object of a condemnation to an infamous penalty. an elected deputy or an [elected] senator, presented by a political party or political group, who resigns from the party or from the political group in the course of the legislature, loses his status [qualité] of deputy or of senator. any ineligibility at the time of the elections known later [ultérieurement], as well as the incompatibilities provided for by the law, causes the loss of the mandate of deputy or of senator. in the three cases, it proceeds to partial elections. article 113 the constitutional court decides, in cases of dispute, on the receivability of the candidatures and on the validity of the election of the deputies and of the senators. article 114 the right to vote of the deputies and of the senators is personal. the vote by proxy is authorized. the internal regulations of the national assembly and of the senate, declared in accordance with the constitution by the constitutional court, establish the conditions of exercise of the vote by proxy. article 115 the mandates of the deputies and of the senators commence on the second tuesday following their election. each chamber of the parliament meets of plain right. if this meeting takes place outside the periods provided for the ordinary sessions, an extraordinary session is opened of plain right for a duration of fifteen (15) days. the mandate of the deputies ends with the entering into [its] function of the new national assembly. the elections take place twenty (20) days at least, and fifty (50) days at most, before the expiration of the mandate of the deputies. the mandate of the senators ends with the entering into [its] function of the new senate. the elections take place twenty (20) days at least, and fifty (50) days at most, before the expiration of the mandate of the senators. article 116 it may not proceed to a partial election in the last semester of the legislature. article 117 the chamber of the parliament meets of plain right in three ordinary sessions per year on convocation its president: the first session opens on 15 october and terminates on 23 december; the second session opens on 1 february and terminates on 10 april; the third session opens on 2 june and terminates on 13 august. if 15 october, 1 february or 2 june october is a holidays [jour férié], the opening of the session takes place on the first business [ouvrable] day that follows. article 118 the agenda for each session is established by the conference of the presidents. article 119 each chamber of the parliament is convoked in extraordinary session by its president on a determined agenda, at the demand of the president of the republic or of the absolute majority of its members. the closure intervenes when the chamber has exhausted the agenda for which it was convoked and, at the latest, fifteen days counting from the date of the beginning of its meeting. article 120 the national assembly and the senate are each one directed by a bureau that includes: a president; two vice-presidents; two secretaries; two treasurers [questeurs]. article 121 each chamber of the parliament adopts internal regulations which determine its functioning, establish the legislative procedure and the modalities of control of the governmental action. the internal regulations of each chamber, declared conforming to the constitution by the constitutional court, have [the] force of organic law. the president of the national assembly opens and closes the ordinary and extraordinary sessions of the national assembly. the president of the senate opens and closes the ordinary and extraordinary sessions of the senate. article 122 the sittings of the two chambers of the parliament are public. the complete record [compte rendu intégral] of the debates is published in the journal of debates. nevertheless, the national assembly or the senate can sit in closed [session], at the demand of the president of the republic, of the president of each chamber or of one-third of their members. article 123 in the case of vacancy of the presidency of the national assembly or of the senate, because of death, resignation or any other cause, the concerned chamber elects a new president within the fifteen (15) days following the vacancy if it is in session; in the contrary case, it meets of plain right within the conditions established by the internal regulations. in the case of necessity, the other members of the bureau are to be replaced [il est pourvu au] in conformity with the provisions of the interior regulations of each chamber. article 124 the parliament alone votes the law. it consents to the tax, votes the budget of the state and controls its execution. it is referred to [the matter] of the bill of the law of finance at the opening of the session of october. article 125 [the following] are of the domain of the law: citizenship, the civic rights and the exercise of the public freedoms; the constraints imposed on the citizens, on their assets and on their persons, in the interest of the national defense and of public security; nationality, the status [état] and the capacity of persons, the matrimonial regimes, inheritance and gifts; the determination of crimes, of misdemeanors [délits] and of contraventions as well as of the penalties applicable to them; the organization of justice and of the procedure to be followed before the jurisdictions, the status of the magistrature and the juridical regime of the superior council of the magistrature; the organization and the rules of functioning concerning the ministerial offices and of the liberal professions; the base [l'assiette], the rate and the modalities for recovering the taxes [impositions] of any nature, the loans and the financial engagements of the state; the regime for the emission of the currency; the approval of the contracts of sharing of production of the liquid or gaseous hydrocarbons or of the other mining resources. the law equally establishes the rules concerning: the reform of the state; the creation of the public establishments; the regime of the referendum consultations; the electoral divisions; amnesty; the general status of the public function; the administrative organization of the territory; the free administration of local collectivities, their competences and their resources; the spatial organization of the territory [aménagement du territoire]; the right to work [droit du travail], the syndical right and the regimes of social security; the nationalizations and the privatizations of enterprises; the plan for economic and social development; the environment and the conservation of the natural resources and of sustainable development; the regime of property, of real rights and of civil and commercial obligations; the regime of the political parties, of the non-governmental associations and organizations; the authorization of ratification of the international treaties and agreements; the organization of the national defense and of the [national] security; the regime of [the public] domain and [of] land use; the regime of the natural resources; insurance [mutualité], savings and credit; the law [droit] and regime of transport; the law [droit] and the regime of communications and of information; the law [droit] and penitentiary regime; the laws of finances; the program laws that establishes the objectives of the economic and social action of the state, the organization of the productive activities of the state and the grand orientations of the national defense and of security. the law determines also the fundamental principles of: teaching [enseignement]; health; social action; science, technology and innovation; industry; commerce; telecommunications; electricity; water; culture, arts and sports; agriculture, of animal husbandry, of fishing and the waters and forests. article 126 matters other than those that are of the domain of the law have a regulatory character. article 127 the national assembly and the senate can meet in congress at the convocation of the president of the republic. when the parliament meets in congress, the bureau of the national assembly presides over the debates. an internal regulation determines the organization and the functioning of the parliament meeting in congress. sub-title ii. of the national assembly article 128 the members of the national assembly bear the title of deputy. they are elected by universal direct suffrage. each deputy elected in an electoral circumscription is the representative of the entire nation. any imperative mandate is null. each deputy is elected with a substitute. article 129 the duration of the mandate of the deputies is of five (5) years renewable. article 130 no deputy may be prosecuted, or investigated, or detained or judged, for the opinions or votes emitted by him in the exercise of his functions. no deputy may, during the duration of the sessions, be prosecuted or arrested without the authorization of the national assembly, except in the case of crime or flagrante delicto, of authorized prosecutions or of definitive condemnation. no deputy may, outside of [the] sessions, be prosecuted or arrested without the authorization of the bureau of the national assembly, except in the case of flagrant delicto, of authorized prosecutions or of definitive condemnation. article 131 the mandate of deputy is incompatible with any other function of public character. the other incompatibilities are established by the law. in the case of incompatibility, the deputy is replaced by his substitute. at the end of the incompatibility, he recovers [retrouve] his seat of plain right. article 132 the candidates to the elections to the national assembly must: be of congolese nationality; be aged eighteen (18) years at least; reside on the national territory at the moment of the presentation of the candidatures; enjoy all their civil and political rights; not have been condemned for voluntary crimes or misdemeanors. sub-title iii. of the senate article 133 the members of the senate bear the title of senator. they are elected by indirect universal suffrage by the departmental and municipal councilors. the senators represent the local collectivities of the republic. the senate exercises, in addition to its legislative function, that of moderator and of council of the nation. article 134 the duration of the mandate of the senators is of six (6) years renewable. article 135 no senator may be prosecuted, or investigated, or detained or judged, for the opinions or votes emitted by him in the exercise of his functions. no senator may, during the duration of the sessions, be prosecuted or arrested without the authorization of the senate, except in the case of crime or flagrante delicto, of authorized prosecutions or of definitive condemnation. no senator may, outside of [the] sessions, be prosecuted or arrested without the authorization of the bureau of the senate, except in the case of flagrant delicto, of authorized prosecutions or of definitive condemnation. article 136 the mandate of senator is incompatible with any other function of public character. the other incompatibilities are established by the law. in the case of incompatibility supervening in the course of the mandate, it proceeds to a partial senatorial election to provide for the seat [that has] become vacant. article 137 the candidates to the senatorial elections must: be of congolese nationality; be aged forty-five (45) years at least; reside on the national territory at the moment of the presentation of the candidatures; enjoy all their civil and political rights; not have been condemned for voluntary crimes or misdemeanors. title vi. of the relations between the executive power and the legislative power article 138 the president of the republic can dissolve the national assembly. article 139 the national assembly can, by the vote of a motion of censure, overthrow [renverser] the government. article 140 each chamber of the parliament orders [arrte] the agenda of its sessions. the president of each chamber informs the government of it [en]. article 141 the prime minister and the other members of the government have access to the works [travaux] of the national assembly and of the senate as well as of those of their commissions. when they are invited by one or the other chambers of the parliament, the prime minister and the other members of the government have the obligation to attend the sittings [séances] of the chamber that made the demand and to furnish the parliamentarians [with] all [the] explanations related to their activities. the prime minister and the other members of the government may be heard at their demand. they may equally be heard on interpellation, on the written or oral questions that are addressed to them. article 142 the parliament controls the action of the government. article 143 the initiative of the laws belongs, concurrently, to the government and to the members of the parliament. article 144 the bills of law are deliberated in the council of ministers after [the] opinion of the supreme court and transmitted to one or the other chamber of the parliament. the proposals of law, are, before deliberation and vote, communicated for [his] information to the prime minister. article 145 the proposals of law and the amendments presented by the members of the parliament and tending to augment or to diminish the expenses of the state must be paired [assortis] with proposals showing [dégageant] the correspondent receipts or savings. article 146 the bills, the proposals of law and the amendments that are not of the domain of the law, are not receivable. the irreceivability is pronounced by the president of the interested chamber, after deliberation of the bureau. in the case of dispute, the constitutional court, referred to [the matter] by the prime minister or by the president of the interested chamber, decides within a time period of fifteen (15) days. article 147 the discussion of the bills of law focuses on, before the first chamber referred to [the matter], the text presented by the government. a chamber, referred to [the matter of] a text voted by the other chamber, deliberates on the text that is transmitted to it. article 148 the bills and proposals of law are sent to one of the permanent commissions that each chamber of the parliament has. the bills and proposals of law can, at the demand of the government or of the chamber referred [to the matter], be sent, for examination, to the special commissions designated to this effect. the number and the nature of the permanent commissions are determined by the internal regulations of each chamber of the parliament. the permanent commissions are constituted in a manner that reflects, as much as possible, the political configuration of each chamber of the parliament. article 149 the government and the members of parliament have the right of amendment. any bill of law, any proposal of law, presented before one or the other chamber of the parliament, may be the objet of a withdrawal in the course of the debates or before the opening of these. article 150 any bill or any proposal of law is examined, successively, by the two chambers with a view to the adoption of an identical text. when, following a disagreement between the two chambers, a bill or a proposal of law could not be adopted after one reading by each chamber, the prime minister has the faculty to provoke the meeting of a mixed parity commission [commission mixte paritaire] given the charge of proposing a text on the provisions remaining in discussion. the text, elaborated by the mixed parity commission is submitted, by the prime minister, for approval to the two chambers of the parliament. no amendment is receivable, save [with the] accord of the government. if the mixed parity commission does not achieve [parvient] the adoption of a common text, the prime minister can, after a new reading by the national assembly and the senate, demand of the national assembly to definitively decide. in this case, the national assembly can retake either the text elaborated by the mixed parity commission, or the last text voted by it, modified, the case arising, by one or several amendments adopted by the senate. article 151 the laws to which the constitution confers the character of organic laws, except the law of finance, are voted and modified in the following conditions: the bill or the proposal of law is only submitted for deliberation and vote to the first chamber referred to [the matter] at the expiration of a time period of fifteen (15) days after its deposit; the procedure of article 147 and 150 is applicable. however, lacking [an] agreement between the two chambers, the text may only be adopted by the national assembly in [its] final reading with the absolute majority of its members; the organic laws may not be promulgated until after the declaration by the constitutional court of their conformity with the constitution. article 152 the parliament is referred to [the matter] of the bill of the law of finance at the latest eight (8) days before the opening of the session of october. the national assembly is referred to [the matter] in the first instance [en premier lieu] of the bill of the law of finance of the year, of the rectifying [rectificatives] bills of law of finance and of the bills of law of regulation. article 153 if the parliament has not voted the budget at the end of the session of october, the prime minister demands an extraordinary session of which the duration cannot exceed fifteen (15) days. passing this time, the budget is established, definitively, by ordinance after the opinion of the constitutional court. if the parliament has not been referred to [the matter] of the bill of the law of finance within the time periods specified in article 152 and the budget has not been voted in the course [issu] of this first extraordinary session, a second extraordinary session is convoked at the demand of the prime minister. article 154 an organic law regulates the mode of presentation of the budget of the state. the parliament regulates the accounts of the nation. it is assisted, to this end, by the court of accounts and of budgetary discipline. article 155 the bill of law of regulation is presented and distributed, at the latest, at the end of the year that follows the year of execution of the budget. article 156 the declaration of war is authorized by the parliament meeting in congress. when, following exceptional circumstances, the parliament cannot sit usefully, the decision on the declaration of war is taken in the council of ministers by the president of the republic. he informs the nation immediately of it. article 157 the state of urgency like the state of siege is decreed by the president of the republic in [the] council of ministers. the parliament meets of plain right. the state of urgency like the state of siege may be proclaimed in all or [in] part of the republic for a duration that may not exceed twenty (20) days. in both cases, the president of the republic informs the nation by a message. the parliament meets of plain right, if it is not in session, to, as need be, authorize the extension of the state of urgency or of the state of siege for more than twenty (20) days. when, following exceptional circumstances, the parliament cannot sit, the president of the republic can decide on the maintenance of the state of urgency or the state of siege. he informs the nation of it through a message. a law determines the conditions of implementation of the state of urgency or of the state of siege. article 158 the government can, to execute its program, demand of the parliament to vote [on] a law authorizing it to take, by ordinance, during a limited time period, the measures that are normally of the domain of the law. this authorization is granted with the simple majority of the members of the parliament. the demand indicates the matters in which the government wishes that the ordinances be taken. the ordinances are taken in the council of ministers, after the opinion of the supreme court. they enter [rentrent] into force from their publication but become lapsed if the bill of the law of ratification is not presented to the parliament before the date established by the enabling law [loi d'habilitation]. when the demand for habilitation is rejected, the president of the republic can, on [a]conforming decision of the constitutional court, legislate by ordinance. at the expiration of the time period mentioned in this article, the ordinances may only be modified by the law in their provisions that are of the legislative domain. article 159 the prime minister can, after deliberation of the council of ministers, engage before the national assembly the responsibility of the government on its program, on a declaration of general policy or on a bill of [a] text. the national assembly, after [a] debate, emits a vote. confidence may only be refused to the government by a majority of two-thirds (2/3) of the deputies composing the national assembly. when confidence is refused, the prime minister remits to the president of the republic the resignation of the government. article 160 the national assembly can accuse the responsibility of the prime minister and of the other members of the government by the vote of a motion of censure. to be receivable, the motion of censure must be signed by at least one quarter (1/4) of the deputies composing the national assembly. the debate and the vote of the motion of censure take place within the forty-eight (48) hours that follow its presentation before the national assembly. at the time of the vote, only the voices [voix] favorable to the motion of censure are taken into account. the motion of censure is adopted by the majority of two-thirds (2/3) of the members composing the national assembly. the vote is individual. the vote by proxy is authorized in the conditions established by the internal regulations of the national assembly. article 161 when the motion of censure is adopted, the prime minister remits to the president of the republic the resignation of the government. article 162 the president of the republic, after having declared the changes intervening in the national assembly and after consultation with the presidents of the chambers of the parliament and with the prime minister, can pronounce the dissolution of the national assembly. in this case, new legislative elections are organized in accordance with the texts in force. article 163 if the motion of censure is rejected, its signatories may not present another in the course of the same session. article 164 there may not be more than one motion of censure in the course of the same session. during the year preceding the end of the legislature, no motion of censure may be presented. article 165 in the case of [a] persisting crises between the government and the national assembly rendering impossible the regular functioning of the institutions, the president of the republic, after having informed the presidents of the two chambers and the prime minister, pronounces the dissolution of the national assembly. new elections are organized in accordance with the texts in force. it may not proceed to any dissolution of the national assembly in the course of the last year of the legislature. title vii. of the judicial power article 166 a judicial power is instituted[,] exercised by the supreme court, the courts of appeal and the other national jurisdictions. the supreme court, the courts of appeal, the tribunals of first instance [tribunaux de grande instance], the administrative tribunals, the labor tribunal, the commercial tribunals, the tribunals of instance [tribunaux d'instance] as well as the other national jurisdictions are created by the organic laws that establish their resort, their composition, their organization and their functioning. article 167 justice is rendered on the national territory in the name of the congolese people. article 168 the judicial power is independent of the executive power and of the legislative power. the judicial power decides on the disputes arising [litiges nés] between citizens or between citizens and the state. the judges are only submitted, in the exercise of their functions, to the authority of the law. article 169 the judicial power cannot intrude [empiéter] on the attributions of the executive power, or on those of the legislative power. the executive power cannot decide on the disagreements [différends], or impede [entraver] the course of justice or oppose itself to the execution of a decision of justice. the legislative power cannot decide on the disagreements, or impede [entraver] the course of justice or oppose itself to the execution of a decision of justice. any law, of which the goal is to furnish the solution to a process in course, is null and of no effect. article 170 a superior council of the magistrature is instituted[,] presided over by the president of the republic. the minister of justice is [the] first vice president of it. he can substitute for the president of the republic in the presidency of the meetings of the superior council of the magistrature. the first president of the supreme court, the procurator general, the vice president, [and] the first advocate general [avocat général] are members by right of the superior council of the magistrature. they are placed [as] magistrates outside [the] convention [magistrats hors convention]. the law establishes the modalities of the cessation of the functions of the magistrates placed outside [the] convention. article 171 the president of the republic guarantees the independence of the judicial power through the superior council of the magistrature. the superior council of the magistrature decides as [a] council of discipline and as [the] organ of administration [gestion] on the career of the magistrates. the superior council of the magistrature, under the authority of the president of the republic, may take all measures that could contribute to the regular functioning of the courts and tribunals. article 172 the members of the supreme court and the magistrates of the other national jurisdictions are appointed by the president of the republic, by decree in [the] superior council of the magistrature. the presiding magistrates [magistrats du sige] are irremovable. article 173 the law establishes the special status [statut] of the sole [unique] body of the magistrates of the supreme court, of the courts of appeal and of the other national jurisdictions. article 174 an organic law establishes the organization, the composition and the functioning of the superior council of the magistrature. title viii. of the constitutional court article 175 the constitutional court is the high jurisdiction of the state in constitutional matter. it is [the] judge of the constitutionality of the laws, [and] of the international treaties and agreements. the constitutional court is the regulatory organ of the functioning of the institutions and of the activities of the public powers. article 176 the constitutional court sees to the regularity of the election of the president of the republic. it examines the claims and proclaims the definitive results of the ballot. the constitutional courts sees to the regularity of the operations of the referendum and proclaims the definitive results of it. article 177 the constitutional court is [the] judge of the electoral disputes of the legislative and senatorial elections. as such, it examines the recourses concerning the contesting [contestation] of the candidatures and of the results of those elections. the disputes of the elections other than those specified in this constitution arise in the ordinary jurisdictions. article 178 the constitutional court is referred to [a matter] by the president of the republic, by the president of the national assembly, by the president of the senate, the prime minister or by a third of the members of each chamber of the parliament. article 179 the constitutional court is referred to [a matter], for opinion of conformity, before the promulgation of the organic laws or the implementation of the internal regulations of each chamber of the parliament. in this case, the constitutional court decides within a time period of one (1) month. however, on the express demand of the petitioner [requérant], this time period can be reduced to ten (10) days if there is urgency. the referral [to a matter] of the constitutional court suspends the time period for promulgation of the law or for the implementation of the internal regulations. article 180 any person [particulier] can, either directly, or by the procedure of the plea [exception] of unconstitutionality invoked before a jurisdiction in a matter that concerns him, refer the constitutional court to [a matter] concerning the constitutionality of the laws and of the treaties. in the case of [a] plea of unconstitutionality, the referred jurisdiction postpones [its] decision and grants [impartit] the petitioner a time period of one (1) month from the notification of the decision to refer [the matter] to the constitutional court. article 181 a provision declared unconstitutional cannot be promulgated or implemented. the decisions of the constitutional court are not susceptible to any recourse. they impose themselves on the public powers, on all the administrative authorities, jurisdictional [authorities] and on individuals [particuliers]. article 182 the constitutional court is composed of nine (9) members appointed as follows: three (3) by the president of the republic; two (2) by the president of the senate; two (2) by the president of the national assembly; two (2) by the supreme court from among the members of this jurisdiction. article 183 the president of the constitutional court is appointed by the president of the republic from among its members. he has [a] preponderant voice in the case of equal division [partage] of the voices. article 184 the functions of member of the constitutional court are incompatible with those of member of the government, of the parliament or of the supreme court. article 185 the notable persons [personnalités] condemned for forfeiture, high treason, perjury or any other crime may not be members of the constitutional court. the other incompatibilities are established by the law. article 186 the mandate of the members of the constitutional court is of four (4) years renewable two times. the law determines the modalities of the renewal of the mandates of the members of the constitutional court. article 187 the constitutional court is composed of at least six (6) notable persons enjoying of experience in the domain of the law. article 188 an organic law determines the organization and the functioning of the constitutional court as well as the procedure to be followed. title ix. of the court of accounts and of budgetary discipline article 189 a court of accounts and of budgetary discipline is instituted. article 190 an organic law determines the attributions, the organization, the composition and the functioning of the court of accounts and of budgetary discipline as well as the procedure to be followed. title x. of the high court of justice article 191 a high court of justice is instituted. the high court of justice is composed of deputies and of senators elected in [an] equal number by their peers, and of members from [issus] the supreme court equally elected by their peers. the representation of the parliamentarians within the high court of justice must reflect, as much as possible, the political configuration of each chamber of the parliament. the high court of justice is presided over by the first president of the supreme court. the public ministry is represented by the procurator general before [près] the supreme court. article 192 the high court of justice is competent to judge the president of the republic in the case of grave failure [manquement] in his duties, manifestly incompatible with the exercise of his high function. article 193 the members of the national assembly and of the senate, the prime minister, the ministers, the members of the supreme court and the members of the constitutional court, are justiciable before the high court of justice, for the acts qualified as crimes or misdemeanors committed in the exercise of their functions. they may only be impeached by the parliament meeting in congress deciding by a vote in secret ballot by the majority of the two-thirds of their members. article 194 the coauthors and the accomplices of the persons referred to [visées] in articles 192 and 193 above are equally justiciable before the high court of justice, without it being necessary that the act of impeachment concerning them emanates from the parliament. article 195 an organic law determines the organization and the functioning of the high court of justice as well as the procedure to be followed. title xi. of the economic, social and environmental council article 196 an economic, social and environmental council is instituted. article 197 the economic, social and environmental council is, vis-à-vis [auprs de] the public powers, a consultative assembly. it is referred to [a matter] by the president of the republic, the president of the national assembly or the president of the senate. it may, on its own initiative, refer to itself any problem of an economic, social or environmental character. the economic, social and environmental council may, also, be consulted on the drafts [projets] of international treaties and agreements, the bills [projets] or the proposals of laws as well as the bills of decrees by virtue of [en raison de] their economic, social or environmental character. the economic, social and environmental council is referred to [the matter] of every bill of program law [loi de programme] and plan of development with an economic, social or environmental character, with the exception of the budget of the state. article 198 the function of member of the economic, social and environmental council is incompatible with that of parliamentarian, of member of the government, of member of the constitutional court, of prefect, of mayor, of sub-prefect or of local councilor. article 199 an organic law establishes the organization, the composition, the rules of functioning and the modalities of appointment of the members of the economic, social and environmental council. title xii. of the mediator of the republic article 200 a mediator of the republic is instituted. article 201 the mediator of the republic is an independent authority, given the charge of simplifying and humanizing the relations between the administration and the administered. article 202 any physical or moral person, who considers [estime], on the occasion of a matter concerning him, that a public organ [organisme] did not function in conformity with the mission of public service attributed [dévolue] to it can, by an individual request, refer the mediator of the republic [to the matter]. article 203 the organic law defines the attributions and establishes the conditions of organization, of appointment, of functioning and of referral [of a matter] of the mediator of the republic. title xiii. of the public force article 204 the public force is composed of the national police, by the national gendarmerie and by the congolese armed forces. article 205 the public force is apolitical. it is subject to the laws and regulations of the republic. it is instituted in the general interest. no one must utilize it for personal ends. the public force is subordinated to the civil authority. it only acts within the framework of the laws and regulations. the conditions of its implementation are established by the law. article 206 the law establishes the missions, determines the organization and the functioning as well as the special status [statut] of the personnel of the police, of the gendarmerie and the congolese armed forces. article 207 the creation of militias is a crime punished by the law. title xiv. of the local collectivities article 208 the local collectivities of the republic of the congo are the department and the commune. other local collectivities may be created by the law. article 209 the local collectivities administer themselves freely by elected councils and within the conditions provided for by the law, notably in that which concerns their competences and their resources. in addition to their own resources, the state grants, each year, to the local collectivities a consequent contribution of development. all imputation of the expenses of sovereignty of the state on the budgets of the decentralized collectivities is prohibited. article 210 [the following] are of the competence of the local collectivities: the planning, the development and the spatial organization [aménagement] of the department; urbanism and habitat; pre-school, primary and secondary teaching; basic health, social action and civil protection; the prevention, the reduction of risks and the administration of catastrophes; the environment, tourism and leisure; the sport and cultural action; agriculture, the livestock, fishing and pisciculture; the administration and finance; commerce and art craft; transports; the road [routier] maintenance; the budget of the local collectivity. the law determines equally the financial regime of the local collectivities as well as the fundamental principles of the territorial public function. article 211 an organic law establishes the conditions in which the state exercises its protection [tutelle] concerning the decentralized local collectivities, as well as the other competences to be transferred, not specified [visées] by this law. title xv. of the superior council of the freedom of communication article 212 a superior council of the freedom of communication is instituted. the superior council of the freedom of communication is given the charge of seeing to the good exercise of the freedom of information and of communication. it equally emits technical opinions and formulates recommendations on the questions touching the domain of information and of communication. article 213 an organic law determines the missions, the organization, the composition and the functioning of the superior council of the freedom of communication. title xvi. of the national commission of the rights of man article 214 a national commission of the rights of man is instituted. article 215 the national commission of the rights of man is a monitoring organ [organe de suivi] of the promotion and of the protection of the rights of man. article 216 the law determines the missions and establishes the organization and the functioning of the national commission of the rights of man. title xvii. of the international treaties and agreements article 217 the president of the republic negotiates, signs and ratifies the international treaties and agreements. the ratification may only intervene after the authorization of the parliament, notably in that which concerns the treaties of peace, the treaties of defense, the treaties of commerce, the treaties relative to the natural resources or the agreements relative to the international organizations, those which engage the finances of the state, those which modify the provisions of a legislative nature, those which are relative to the status [état] of persons, [and] those that include cession, exchange or adjunction of the territory. article 218 the law determines the agreements dispensed from the procedure of ratification. the president of the republic and the presidents of the two chambers of the parliament are informed of all negotiations tending to the conclusion of an international agreement not submitted to ratification. article 219 no cession, no exchange, no adjunction of the territory is valid without the consent of the congolese people called to decide by way [voie] of referendum. article 220 with the exception of the president of the republic and of the minister of foreign affairs, every representative of the state must, for the adoption or authentication of an international engagement, produce full powers. article 221 the republic of the congo may conclude agreements of association with other states. it accepts to create, with those states, intergovernmental organs [organismes] of common administration, of coordination, of free cooperation and of integration. article 222 if the constitutional court has declared that an international engagement includes a clause contrary to the constitution, the authorization to ratify it or to approve it may only intervene after the revision of the constitution. article 223 the treaties or the agreements, regularly ratified or approved, have, from their publication, an authority superior to that of the laws, under the reserve, for each agreement or treaty of its application by the other party. title xviii. of the status of the former leaders article 224 the former presidents of the republic have the right, at the end of their mandate, to the protection of the state both on their person and on their assets. a life annuity [allocation viagre] of which the amount is established by decree in [the] council of ministers is paid to them monthly, as [a] pension. the other advantages and the modalities of protection of the former heads of state are determined by the law. article 225 the former presidents of the parliamentary assemblies and the former prime ministers, with the exception of those who have been condemned for forfeiture, benefit from the recognition of the nation. the law determines the nature and the forms of this recognizance. article 226 the law determines the other former leaders able to [pouvant] benefit from the recognition of the nation as well as the advantages that are granted to them. title xix. of the national consultative councils sub-title i. of the national council of dialog article 227 a national council of dialog is instituted[,] placed under the authority of the president of the republic. article 228 the national council of dialog is an organ of negotiation [concertation/ consultation], of appeasement and of research of consensus between the living forces of the nation, on the grand political problems of national interest. article 229 an organic law determines the organization, the composition and the functioning of the national council of dialog. sub-title ii. of the consultative council of the wise and of traditional notables article 230 a consultative council of the wise and of traditional notables is instituted[,] responsible for emitting opinions on the democratic, cultural and social governance of the state and of making suggestions to the government that may contribute to an inclusive [solidaire] political administration. article 231 an organic law determines the organization, the composition and the functioning of the consultative council of the wise and of traditional notables. sub-title iii. of the consultative council of women article 232 a consultative council of women is instituted[,] responsible for emitting opinions on the condition of women and of making suggestions to the government aiming to promote the integration of women into the development. article 233 an organic law determines the organization, the composition and the functioning of the consultative council of women sub-title iv. of the consultative council of persons living with handicaps article 234 a consultative council of persons living with handicaps is instituted[,] responsible for emitting opinions on the condition of the person living with handicaps and of making suggestions to the government aimed at better support [prise en charge/enabling] of the person living with handicaps. article 235 an organic law determines the organization, the composition and the functioning of the consultative council of persons living with handicaps. sub-title v. of the consultative council of youth article 236 a consultative council of youth is instituted[,] responsible for emitting opinions on the questions linked to the full development [épanouissement] of youth within the framework of an intergenerational governance. article 237 an organic law determines the organization, the composition and the functioning of the consultative council of youth. sub-title vi. of the consultative council of civil society and of non-governmental organizations article 238 a consultative council of civil society and of non-governmental organizations is instituted[,] responsible for emitting opinions on the questions linked to the participation of citizens in the life of the nation in view of the promotion of the rights and freedoms of the citizens and of the republican values. article 239 an organic law determines the organization, the composition and the functioning of the consultative council of civil society and of non-governmental organizations. title xx. of revision article 240 the initiative of the revision of the constitution belongs concurrently to the president of the republic and to the members of the parliament. no procedure of revision may be engaged or pursued in [an] interim period or when it infringes the integrity of the territory. the republican form, and the secular character of the state may not be made the object of revision. article 241 when it emanates from the president of the republic, the bill of revision is submitted directly to referendum, after the opinion of the supreme court. it may also be submitted, after the opinion of the supreme court, to the parliament meeting in congress, which decides by a vote with the majority of three-quarters (3/4) of its members. when the proposal of revision emanates from a member of the parliament, must be voted by three-quarters (3/4) of the members of the two chambers of the parliament meeting in congress. the president of the republic is informed in advance of any bill of revision of the constitution. he sends [fait parvenir] his opinion to the parliament meeting in congress. article 242 an organic law establishes the procedure for the revision of the constitution. title xxi. transitory and final provisions article 243 the international treaties and agreements, the laws, the ordinances and the regulations currently in force, when they are not contrary to this law, remain applicable as long as they are not expressly modified or abrogated. article 244 the institutions derived from [issues] the constitution of 20 january 2002 function until the establishment [mise en place] of the new institutions without being able to [pouvoir] exceed, for the institutions provided for in [an] elective way [voie], the expiration of their mandate. article 245 any congolese citizen, without exclusion, who fulfills the conditions of eligibility, may present a candidature [faire acte de candidature] to the elective public functions specified by this constitution. article 246 this law, which enters into force from its publication, will be executed as constitution of the republic of congo. chapter i  preliminary 1. interpretation in this constitution unless it is otherwise provided or the context otherwise requires— “act of parliament” means any law made by parliament; “the appointed day” means the sixth day of august 1962; “the broad seal” means the broad seal of jamaica; “the cabinet” means the cabinet established by section 69 of this constitution; “the clerk” and “the deputy clerk” mean respectively the clerk and the deputy clerk of either house, as the context may require; “the commonwealth” means jamaica, any country to which section 9 of this constitution applies and any dependency of any such country; “the consolidated fund” means the consolidated fund established by section 114 of this constitution; “constituency” means an area of jamaica having separate representation in the house of representatives; “defence force” means any naval, military or air force of the crown in right of the government of jamaica; “the financial year” means the twelve months ending on the 31st day of march in any year or on such other date as may from time to time be prescribed by act of parliament; “the gazette” means the jamaica gazette; “house” means either the senate or the house of representatives as the context may require; “jamaica” has the meaning attributed to that expression in the jamaica independence act, 1962; “law” includes any instrument having the force of law and any unwritten rule of law and “lawful” and “lawfully” shall be construed accordingly; “oath of allegiance” means the oath of allegiance set out in the first schedule to this constitution; “parliament” means the parliament of jamaica; “police officer” means a member of the jamaica constabulary force or any force, by whatever name called, for the time being succeeding to the functions of the jamaica constabulary force; “the president” and “the deputy president” mean respectively the president and the deputy president of the senate elected under section 42 of this constitution; “privy council” means the privy council established by section 82 of this constitution; “public office” means any office of emolument in the public service; “public officer” means the holder of any public office and includes any person appointed to act in any such office; “the public service” means, subject to the provisions of subsections (5) and (6) of this section, the service of the crown in a civil capacity in respect of the government of jamaica (including service as a member of the judicial service commission, the public service commission or the police service commission) and includes public service in respect of the former colony of jamaica; “session” means, in relation to a house, the sittings of that house commencing when it first meets after this constitution comes into force or after the prorogation or dissolution of parliament at any time and terminating when parliament is prorogued or is dissolved without having been prorogued; “sitting” means, in relation to a house, a period during which that house is sitting continuously without adjournment and includes any period during which the house is in committee; “the speaker” and “the deputy speaker” mean respectively the speaker and deputy speaker elected under section 43 of this constitution. save where this constitution otherwise provides or the context otherwise requires— any reference in this constitution to an appointment to any office shall be construed as including a reference to an appointment on promotion or transfer to that office and to the appointment of a person to perform the functions of that office during any period during which it is vacant or during which the holder thereof is unable (whether by reason of absence or infirmity of body or mind or any other cause) to perform those functions; and any reference in this constitution to the holder of an office by the term designating his office shall be construed as including a reference to any person for the time being lawfully performing the functions of that office. where by this constitution power is conferred on any person or authority to appoint a person to perform the functions of any office if the holder thereof is unable himself to perform its functions, any such appointment shall not be called in question on the ground that the holder of that office was not unable to perform those functions. for the purposes of this constitution a person shall not be considered as holding a public office by reason only of the fact that he is in receipt of a pension or other like allowance in respect of public service. if it is provided by any law for the time being in force that an office (not being an office constituted by this constitution) shall not be a public office for the purposes of chapter v of this constitution, this constitution shall have effect accordingly as if that provision of that law were enacted herein. in this constitution “the public service” does not include service in the office of governor-general, president, deputy president, speaker, deputy speaker, minister, parliamentary secretary, leader of the opposition, senator, member of the house of representatives, member of the privy council, judge of the supreme court or judge of the court of appeal or clerk or deputy clerk of either house or service on the personal staff of the governor-general or, subject to the provisions of section 79 of this constitution, service in the office of attorney-general. references in this constitution to the power to remove a public officer from his office shall be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service: provided that— nothing in this subsection shall be construed as conferring on any person or authority power to require a judge of the supreme court or court of appeal or the director of public prosecutions or the auditor-general to retire from the public service; and any power conferred by any law to permit a person to retire from the public service shall, in the case of any public officer who may be removed from office by some person or authority other than a commission established by this constitution, vest in the public service commission. where any power is conferred by this constitution to make any proclamation or order or to give any directions, the power shall be construed as including a power exercisable in like manner to amend or revoke any such proclamation, order or directions. no provision of this constitution that any person or authority shall not be subject to the direction or control of any other person or authority in exercising any functions under this constitution shall be construed as precluding a court from exercising jurisdiction in relation to any question whether that person or authority has performed those functions in accordance with this constitution or any other law. any reference in this constitution to a law enacted before the commencement of this constitution shall, unless the context otherwise requires, be construed as a reference to that law as in force immediately before the appointed day. where a person is required by this constitution to make an oath he shall be permitted, if he so desires, to comply with that requirement by making an affirmation. the interpretation act, 1889, as in force on the appointed day, shall apply, with the necessary adaptations, for the purpose of interpreting this constitution and otherwise in relation thereto as it applies for the purpose of interpreting, and in relation to, acts of parliament of the united kingdom. 2. effect of this constitution subject to the provisions of sections 49 and 50 of this constitution, if any other law is inconsistent with this constitution, this constitution shall prevail and the other law shall, to the extent of the inconsistency, be void. chapter ii. citizenship 3. acquisition of jamaican citizenship a person may, in accordance with the provisions of this chapter, become a citizen of jamaica bybirth; descent; or registration as a citizen of jamaica based on marriage to a citizen of jamaica. parliament may make provision for the acquisition of citizenship of jamaica by persons who do not become citizens of jamaica by virtue of the provisions of this chapter. subsection (1) shad not affect the right of any person who, before the 26th day of march, 1999, was entitled to jamaican citizenship by virtue of any provision of the constitution in force before that date. 3a. persons entitled to citizenship on 1st march 1993 a personwho was born outside jamaica before the sixth day of august, 1962; who was not before the 1st day of march, 1993, entitled to jamaican citizenship by virtue of any provisions of this constitution in force before that date; and whose father or mother, on the sixth day of august, 1962, became or would but for his or her death have become a citizen of jamaica in accordance with subsection (1) of section 3, shall become a citizen of jamaica on the 1st day of march, 1993. subsection (1) shall not affect the rights of any person who, before the 1st day of march, 1993, was entitled to jamaican citizenship by virtue of any provision of this constitution which was in force before that date. 3b. citizenship by birth every person born in jamaica shall become a citizen of jamaicaon the sixth day of august, 1962, in the case of a person born before that date; on the date of his birth, in the case of a person born on or after the sixth day of august, 1962. a person shall be deemed to be born in jamaicaif he is born on a ship or aircraft registered in jamaica or belonging to the government; or if at the time of his birth his motheris a citizen of jamaica residing in a country other than jamaica by reason of her employment in the diplomatic service of jamaica; or whether or not a citizen of jamaica, is residing in a country other than jamaica by reason of her being married to a citizen of jamaica who is residing in that country by reason of his employment in the diplomatic service of jamaica. a person shall not become a citizen of jamaica by virtue of this section if at the time of his birthhis father or mother possesses such immunity from suit and legal process as is accorded to an envoy of a foreign sovereign power accredited to her majesty in right of her government in jamaica and neither of his parents is a citizen of jamaica; or his father or mother is an enemy alien and the birth occurs in a place then under occupation by the enemy. 3c. citizenship by descent every person born outside jamaica shall become a citizen of jamaicaon the sixth day of august, 1962, in the case of a person born before that date; or on the date of his birth, in the case of a person born on or after the sixth day of august, 1962, if, at that date, his father or mother is a citizen of jamaica by birth, descent or registration by virtue of marriage to a citizen of jamaica. 4. persons entitled to be registered as citizens any man or woman who, on the fifth day of august 1962 is or had been married to a person— who becomes a citizen of jamaica by virtue of section 3 of this constitution; or who, having died before the sixth day of august 1962 would, but for that person’s death, have become a citizen of jamaica by virtue of that section, shall be entitled, upon making application in such manner as may be prescribed and, if he or she is a british protected person or an alien, upon taking the oath of allegiance, to be registered as a citizen of jamaica. any person who, on the fifth day of august 1962 is a citizen of the united kingdom and colonies— having become such a citizen under the british nationality act, 1948 by virtue of his having been naturalised in the former colony of jamaica as a british subject, before that act came into force; or having become such a citizen by virtue of his having been naturalised or registered in the former colony of jamaica under that act, shall be entitled, upon making application before the sixth day of august 1964, in such manner as may be prescribed, to be registered as a citizen of jamaica: provided that a person who has not attained the age of twenty-one years (other than a woman who is or has been married) may not make an application under this subsection himself but an application may be made on his behalf by his parent or guardian. any man or woman who on the fifth day of august 1962 is or has been married to a person who subsequently becomes a citizen of jamaica by registration under subsection (2) of this section shall be entitled, upon making application in such manner as may be prescribed and, if he or she is a british protected person or an alien, upon taking the oath of allegiance to be registered as a citizen of jamaica. [repealed by act 18 of 1999.] [repealed by act 18 of 1999.] 7. marriage to citizen of jamaica any man or woman who, after the fifth day of august, 1962, marries a person who is or becomes a citizen of jamaica shall, subject to subsection (2), be entitled, upon making application in such manner as may be prescribed and, if he or she is a british protected person or an alien, upon taking the oath of allegiance, to be registered as a citizen of jamaica. a person may be denied registration under this section ifthere is satisfactory evidence thatthe marriage was entered into primarily for the purpose of enabling that person to acquire jamaican citizenship; or the parties to the marriage have no intention to live permanently with each other as spouses, after the marriage; the person has been convicted in any country of a criminal offence specified in any law which makes provision for such denial on the ground of such conviction. subsection (2) shall not affect the right of any person who, before the 26th day of march, 1999, was entitled to apply for jamaican citizenship by virtue of any provision of this constitution in force before that date. 8. deprivation of citizenship no person who is a citizen of jamaica by virtue of section 3 (1) (a), (b) or (c) shall be deprived of his citizenship of jamaica. a person who is a citizen of jamaica other than by virtue of section 3 (1) (a), (6) or (c), shall not be deprived of his citizenship except by or under the provisions of a lawspecifying the grounds on which such deprivation may take place and the procedure for such deprivation; and securing to any person affected thereby a right of access to the supreme court for the purpose of reviewing the decision to deprive him of his right to such citizenship. 9. commonwealth citizens every person who under this constitution or any act of parliament is a citizen of jamaica or under any enactment for the time being in force in any country to which this section applies is a citizen of that country shall, by virtue of that citizenship, have the status of a commonwealth citizen. every person who is a british subject without citizenship under the british nationality act, 1948, or who continues to be a british subject under section 2 of that act shall by virtue of that status have the status of a commonwealth citizen. save as may be otherwise provided by parliament, the countries to which this section applies are the united kingdom and colonies, canada, australia, new zealand, india, pakistan, ceylon, ghana, the federation of malaya, the federation of nigeria, the republic of cyprus, sierra leone, tanganyika, the federation of rhodesia and nyasaland and the state of singapore. 10. criminal liability of commonwealth citizens a commonwealth citizen who is not a citizen of jamaica, or a citizen of the republic of ireland who is not a citizen of jamaica, shall not be guilty of an offence against any law in force in jamaica by reason of anything done or omitted in any part of the commonwealth other than jamaica or in the republic of ireland or in any foreign country unless— the act or omission would be an offence if he were an alien; and in the case of an act or omission in any part of the commonwealth or in the republic of ireland, it would be an offence if the country in which the act was done or the omission made were a foreign country. 11. powers of parliament parliament may make provision— [deleted by act 18 of 1999.] prescribing the grounds on which and the procedure whereby a person may be deprived of his citizenship of jamaica; for the renunciation by any person of his citizenship of jamaica. 12. interpretation in this chapter— “alien” means a person who is not a commonwealth citizen, a british protected person or a citizen of the republic of ireland; “british protected person” means a person who is a british protected person for the purposes of the british nationality act, 1948; “foreign country” means a country (other than the republic of ireland) that is not part of the commonwealth; “prescribed” means prescribed by or under any act of parliament. [deleted by act 6 of 1993.] for the purposes of this chapter, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country. any reference in this chapter to the national status of the parent of a person at the time of that person's birth shall, in relation to a person born after the death of his parent, be construed as a reference to the national status of the parent at the time of that parent's death; and where that death occurred before the fifth day of august, 1962, the national status that the parent would have had if he or she had died on the sixth day of august, 1962, shall be deemed to be his or her national status at the time of death. chapter iii.  chapter of fundamental rights and freedoms 13. fundamental rights and freedoms whereasthe state has an obligation to promote universal respect for, and observance of, human rights and freedoms; all persons in jamaica are entitled to preserve for themselves and future generations the fundamental rights and freedoms to which they are entitled by virtue of their inherent dignity as persons and as citizens of a free and democratic society; and all persons are under a responsibility to respect and uphold the rights of others recognized in this chapter, the following provisions of this chapter shall have effect for the purpose of affording protection to the rights and freedoms of persons as set out in those provisions, to the extent that those rights and freedoms do not prejudice the rights and freedoms of others. subject to sections 18 and 49, and to subsections (9) and (12) of this section, and save only as may be demonstrably justified in a free and democratic societythis chapter guarantees the rights and freedoms set out in subsections (3) and (6) of this section and in sections 14, 15, 16 and 17; and parliament shall pass no law and no organ of the state shall take any action which abrogates, abridges or infringes those rights. the rights and freedoms referred to in subsection (2) are as followsthe right to life, liberty and security of the person and the right not to be deprived thereof except in the execution of the sentence of a court in respect of a criminal offence of which the person has been convicted; the right to freedom of thought, conscience, belief and observance of political doctrines; the right to freedom of expression; the right to seek, receive, distribute or disseminate information, opinions and ideas through any media; the right to freedom of peaceful assembly and association; the right to freedom of movement, that is to say, the rightof every citizen of jamaica to enter jamaica; and of every person lawfully in jamaica, to move around freely throughout jamaica, to reside in any part of jamaica and to leave jamaica; the right to equality before the law; the right to equitable and humane treatment by any public authority in the exercise of any function; the right to freedom from discrimination on the ground ofbeing male or female; race, place of origin, social class, colour, religion or political opinions; the right of everyone toprotection from search of the person and property; respect for and protection of private and family life, and privacy of the home; , protection of privacy of other property and of communication; the right of every childto such measures of protection as are required by virtue of the status of being a minor or as part of the family, society and the state; who is a citizen of jamaica, to publicly funded tuition in a public educational institution at the pre-primary and primary levels; the right to enjoy a healthy and productive environment free from the threat of injury or damage from environmental abuse and degradation of the ecological heritage; the right of every citizen of jamaicawho is qualified to be registered as an elector for elections to the house of representatives, to be so registered; and who is so registered, to vote in free and fair elections; the right of every citizen of jamaica to be granted a passport and not to be denied or deprived thereof except by due process of law; the right to, protection from torture, or inhuman or degrading punishment or other treatment as provided in subsections (6) and (7); the right to freedom of the person as provided in section 14; the protection of property rights as provided in section 15; the right to due process as provided in section 16; and the right to freedom of religion, as provided in section 17. this chapter applies to all law and binds the legislature, the executive and all public authorities. a provision of this chapter binds natural or juristic persons if, and to the extent that, it is applicable, taking account of the nature of the right and the nature of any duty imposed by the right. no person shall be subjected to torture or inhuman or degrading punishment or other treatment. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (6) to the extent that the law in question authorizes the infliction of any description of punishment which was lawful in jamaica immediately before the commencement of the charter of fundamental rights and freedoms (constitutional amendment) act, 2011. the execution of a sentence of death imposed after the commencement of the charter of fundamental rights and freedoms (constitutional amendment) act, 2011, on any person for an offence against the law of jamaica, shall not be held to be inconsistent with, or in contravention of, this section by reason ofthe length of time which elapses between the date on which the sentence is imposed and the date on which the sentence is executed; or the physical conditions or arrangements under which such person is detained pending the execution of the sentence by virtue of any law or practice in force immediately before the commencement of the charter of fundamental rights and freedoms (constitutional amendment) act, 2011. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (3)(f) of this section and sections 14 and 16(3), to the extent that the law authorizes the taking, in relation to persons detained or whose freedom of movement has been restricted by virtue of that law, of measures that are reasonably justifiable for the purpose of dealing with the situation that exists during a period of public emergency or public disaster. a person, who is detained or whose freedom of movement has been restricted by virtue only of a law referred to in subsection (9), may request a review of his case at any time during the period of detention or restriction, but any request subsequent to the initial request shall not be made earlier than six weeks after he last made such a request, and if he makes such a request, his case shall be reviewed promptly by an independent and impartial tribunal which shall be immediately established pursuant to law and presided, over by a person appointed by the chief justice of jamaica from among persons qualified to be appointed as a judge of the supreme court. on any review by a tribunal in pursuance of subsection (10), of the case of any person who is detained or whose freedom of movement has been restricted, the tribunal may give directions to the authority by whom such detention or restriction was ordered concerning the continued detention or restriction of movement of that person and the authority shall act in accordance with such directions. nothing contained in or done under the authority of any law in force immediately before the commencement of the charter of fundamental rights and freedoms (constitutional amendment) act, 2011, relating tosexual offences; obscene publications; or offences regarding the life of the unborn, shall be held to be inconsistent with or in contravention of the provisions of this chapter. in this section "public educational institution" means an all-age school, a pre-primary school or a primary school that is maintained or assisted by the government. 14. protection of freedom of the person no person shall be deprived of his liberty except on reasonable grounds and in accordance with fair procedures established by law in the following circumstancesin consequence of his unfitness to plead to a criminal charge; in execution of the sentence or order of a court whether in jamaica or elsewhere, in respect of a criminal offence of which he has been convicted; in execution of an order of the supreme court or of the court of appeal or such other court as may be prescribed by parliament on the grounds of his contempt of any such court or of another court or tribunal; in execution of the order of a court made in order to secure the fulfilment of any obligation imposed on him by law; for the purpose of bringing him before a court in execution of the order of a court; the arrest or detention of a personfor the purpose of bringing him before the competent legal authority on reasonable suspicion of his having committed an offence; or where it is reasonably necessary to prevent his committing an offence; in the case of a person who has not attained the age of eighteen years, for the purpose of his care and protection; the detention of a personfor the prevention of the spreading of an infectious or contagious disease constituting a serious threat to public health; or suffering from mental disorder or addicted to drugs or alcohol where necessary for his care or treatment or for the prevention of harm to himself or others; or the arrest or detention of a personwho is not a citizen of jamaica, to prevent his unauthorized entry into jamaica; or against whom action is being taken with a view to deportation or extradition or other lawful removal or the taking of proceedings relating thereto. any person who is arrested or detained shall have the rightto communicate with and be visited by his spouse, partner or family member, religious counsellor and a medical practitioner of his choice; at the time of his arrest or detention or as soon as is reasonably practicable, to be informed, in a language which he understands, of the reasons for his arrest or detention; where he is charged with an offence, to be informed forthwith, in a language which he understands, of the nature of the charge; and to communicate with and retain an attorney-at-law. any person who is arrested or detained shall be entitled to be tried within a reasonable time andshall bebrought forthwith or as soon as is reasonably practicable before an officer authorized by law, or a court; and released either unconditionally or upon reasonable conditions to secure his attendance at the trial or at any other stage of the proceedings; or if he is not released as mientioned in paragraph (a)(ii), shall be promptly brought before a court which may thereupon release him as provided in that paragraph. any person awaiting trail and detained in custody shall be entitled to bail on reasonable conditions unless sufficient cause is shown for keeping him in custody. any person deprived of his liberty shall be treated humanely and with respect for the inherent dignity of the person. 15. protection of property rights no property of any description shall be compulsorily taken possession of and no interest in or right over property of any description shall be compulsorily acquired except by or under the provisions of a law thatprescribes the principles on which and the manner in which compensation therefor is to be determined and given; and secures to any person claiming an interest in or right over such property a right of access to a court for the purpose ofestablishing such interest or right (if any); determining the compensation (if any) to which he is entitled; andenforcing his right to any such compensation. nothing in this section shall be construed as affecting the making or operation of any law so far as it provides for the taking of possession or acquisition of propertyin satisfaction of any tax, rate or due; by way of penalty for breach of the law, whether under civil process or after conviction of a criminal offence; upon the attempted removal of the property in question out of or into jamaica in contravention of any law; by way of the taking of a sample for the purposes of any law; where the property consists of an animal, upon its being found trespassing or straying; as an incident of a lease, tenancy, licence, mortgage, charge, bill of sale, pledge or contract; by way of the vesting or administration of trust property, enemy property, or the property of persons adjudged or otherwise declared bankrupt or insolvent, persons of unsound mind, deceased persons, or bodies corporate or unincorporate in the course of being wound up; in the execution of judgments or orders of courts; by reason of its being in a dangerous state or injurious to the health of human beings, animals or plants; in consequence of any law with respect to the limitation of actions; for so long may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, the carrying out thereonof work of soil conservation or the conservation of other natural resources; or of agricultural development or improvement which the owner or occupier of the land has been required and has, without reasonable and lawful excuse, refused or failed to carry out. nothing in this section shall be construed as affecting the making or operation of any law so far as itmakes such provisions as are reasonably required for the protection of the environment; or provides, for the orderly marketing or production or growth or extraction of any agricultural product or mineral or any article or thing prepared for the market or manufactured therefor or for the reasonable restriction of the use of any property in the interests of safeguarding the interest of others or the protection of tenants, licensees or others having rights in or over such property. nothing in this section shall be construed as affecting the making or operation of any law for the compulsory taking of possession in the public interest of any property, or the compulsory acquisition in the public interest of any interest in or right over property, where that property, interest or right is held by a body corporate which is established for public purposes by any law and in which no monies have been invested other than monies provided by parliament. where an order is made under any law which provides for the compulsory acquisition of property, the court may have regard toany hardship that may reasonably be expected to be caused to my person by the operation of the order; or the use that is ordinarily made of the property, or the intended use of the property. in this section "compensation" means the consideration to be given to a person for any interest or right which he may have in or over property which has been compulsorily taken possession of or compulsorily acquired as prescribed and determined in accordance with the provisions of the law by or under which the property has been so compulsorily taken possession of or acquired. 16. protection of right to due process whenever any person is charged with a criminal offence he shall, unless the charge is withdrawn, be afforded a fair hearing within a reasonable time by an independent and impartial court established by law. in the determination of a person's civil rights and obligations or of any legal proceedings which may result in a decision adverse to his interests, he shall be entitled to a fair hearing within a reasonable time by an independent and impartial court or authority established by law. all proceedings of every court and proceedings relating to the determination of the existence or the extent of a person's civil rights or obligations before any court or other authority, including the announcement of the decision of the court or authority, shall be held in public. nothing in subsection (3) shall prevent any court or any authority such as is mentioned in that subsection from excluding from the proceedings, persons other than the parties thereto and their legal representativesin interlocutory proceedings; in appeal proceedings under any law relating to income tax; or to such extent asthe court or other authority may consider necessary or expedient, in circumstances where publicity would prejudice the interests of justice; or the court may decide to do so or, as the case may be, the authority may be empowered or required by law to do so, in the interests of defence, public safety, public order, public morality, the welfare of persons under the age of eighteen years, or the protection of the private lives of persons concerned in the proceedings. every person charged with a criminal offence shall be presumed innocent until he is proved guilty or has pleaded guilty. every person charged with a criminal offence shallbe informed as soon as is reasonably practicable, in a language which he understands, of the nature of the offence charged; have adequate time and facilities for the preparation of his defence; be entitled to defend himself in person or through legal representation of his own choosing or, if he has not sufficient means to pay for legal representation, to be given such assistance as is required in the interests of justice; be entitled to examine or have examined, at his trial, witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; have the assistance of an interpreter free of cost if he cannot understand or speak the language used in court; not to be compelled to testify against himself or to make any statement amounting to a confession or admission of guilt; and except with his own consent, not be tried in his absence unlesshe so conducts himself in the court as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence; or he absconds during the trial. an accused person who is tried for a criminal offence or any person authorized by him in that behalf shall be entitled, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, to be given for his own use, within a reasonable time after judgment, a copy of any record of the proceedings made by or on behalf of the court. any person convicted of a criminal offence shall have the right to have his conviction and sentence reviewed by a court the jurisdiction of which is superior to the court in which he was convicted and sentenced. no person who shows that he has been tried by any competent court for a criminal offence and either convicted or acquitted, shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence save upon the order of a superior court made in the course of appeal proceedings relating to the conviction or acquittal; and no person shall be tried for a criminal offence if he shows that he has been pardoned for that offence: provided that nothing in any law shall be held to be inconsistent with or in contravention of this subsection by reason only that it authorizes any court to try a member of a defence force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under service law; but any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under service law. no person shall be held guilty of any criminal offence on account of any act or omission which did not, at the time it took place, constitute a criminal offence. no penalty shall be imposed in relation to any criminal offence or in relation to an infringement of a civil nature which is more severe than the maximum penalty which might have been imposed for the offence or in respect of that infringement, at the time when the offence was committed or the infringement occurred. if, at the time of sentencing of a person who is convicted of a criminal offence, the penalty prescribed by law for that offence is less severe than the penalty that might have been imposed at the time when the offence was committed, the less severe penalty shall be imposed at the time of sentencing. 17. protection of freedom of religion every person shall have the right to freedom of religion including the freedom to change his religion and the right, either alone or in community with others and both in public and in private, to manifest and propagate his religion in worship, teaching, practice and observance. the constitution of a religious body or denomination shall not be altered except with the consent of the governing authority of that body or denomination. every religious body or denomination shall have the right to provide religious instruction for persons of that body or denomination in the course of any education provided by that body or denomination whether or not that body or denomination is in receipt of any government subsidy, grant or other form of financial assistance designed to meet, in whole or in part, the cost of such course of education. no person attending any place of education, except with his own consent (or, if he is a minor, the consent of his parent or guardian) shall be required to receive religious instruction, or to take part in or attend any religious ceremony or observance, which relates to a religion or religious body or denomination other than his own. 18. status of marriage nothing contained in or done under any law in so far as it restrictsmarriage; or any other relationship in respect of which any rights and obligations similar to those pertaining to marriage are conferred upon persons as if they were husband and wife, to one man and one woman shall be regarded as being inconsistent with or in contravention of the provisions of this chapter. no form of marriage or other relationship referred to in subsection (1), other than the voluntary union of one man and one woman may be contracted or legally recognized in jamaica. 19. application for redress if any person ,alleges that any of the provisions of this chapter has been, is being or is likely to be contravened in relation to him, then, without prejudice to any other action with respect to the same. matter which is lawfully available, that person may apply to the supreme court for redress. any person authorized by law, or, with the leave of the court, a public or civic organization, may initiate an application to the supreme court on behalf of persons who are entitled to apply under subsection (1) for a declaration that any legislative or executive act contravenes the provisions of this chapter. the supreme court shall have original jurisdiction to hear and determine any application made by any person in pursuance of subsection (1) of this section and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing, or securing the enforcement of, any of the provisions of this chapter to the protection of which the person concerned is entitled. where any application is made for redress under this chapter, the-supreme court may decline to exercise its powers and may remit the matter to the appropriate court, tribunal or authority if it is satisfied that adequate means of redress for the contravention alleged are available to the person concerned under any other law. any person aggrieved by any determination of the supreme court under this section may appeal therefrom to the court of appeal. parliament may make provision or authorize the making of provision with respect to the practice and procedure of any court for the purposes of this section and may confer upon that court such powers, or may authorize the conferment thereon of such powers, in addition to those conferred by this section, as may appear to be necessary or desirable for the purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by this section. 20. interpretation in this chapter“contravention”, in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly; “court” means any court of law in jamaica other than a court constituted by or under service law and— in sections 13(3)(a), 14 and 16 (1), (2), (3), (5), (6), (7) and (9) (excluding the proviso thereto) of this constitution includes, in relation to an offence against service law, a court so constituted; and in section 14 of this constitution includes, in relation to an offence against service law, an officer of a defence force, or the police service commission or any person or authority to whom the disciplinary powers of that commission have been lawfully delegated; "period of public disaster" means any period during which there is in force a proclamation by the governor-general declaring that a period of public disaster exists; "period of public emergency" means any period during whichjamaica is engaged in any war; there is in force a proclamation by the governor-general declaring that a state of public emergency exists; or there is in force a resolution of each house of parliament supported by the votes of a two-thirds majority of all the members of each house declaring that democratic institutions in jamaica are threatened by subversion; “service law” means the law regulating the discipline of a defence force or of police officers. a proclamation made by the governor-general shall not be effective for the purposes of subsection (1) unless it is declared that the governor-general is satisfiedthat a public emergency has arisen as a result of the imminence of a state of war between jamaica and a foreign state; that action has been taken or is immediately threatened by any person or body of persons of such a nature and on so extensive a scale as to be likely to endanger the public safety or to deprive the community, or any substantial portion of the community, of supplies or services essential to life; that a period of public disaster has arisen as a result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence, outbreak of infectious disease or other calamity, whether similar to the foregoing or not. a proclamation made by the governor-general for the purposes of and in accordance with this sectionshall, unless previously revoked, remain in force for fourteen days or for such longer period, not exceeding three months, as both houses of parliament may determine by a resolution supported by a two-thirds majority of all the members of each house; may be extended from time to time by a resolution passed in like manner as is prescribed in paragraph (a) for further periods, not exceeding in respect of each such extension a period of three months; may be revoked at any time by a resolution supported by the votes of a two-thirds majority of all the members of each house. a resolution passed by a house for the purpose of paragraph (c) of the definition of "period of public emergency" in subsection (1) may be revoked at any time by a resolution of that house supported by the votes of a majority of all the members thereof. the court shall be competent to enquire into and determine whether a proclamation or resolution purporting to have been made or passed under this section was made or passed for any purpose specified in this section or whether any measures taken pursuant thereto are reasonably justified for that purpose. [repealed by act 12 of 2011.] [repealed by act 12 of 2011.] [repealed by act 12 of 2011.] [repealed by act 12 of 2011.] [repealed by act 12 of 2011.] chapter iv.  the governor-general 27. establishment of office of governor-general there shall be a governor-general of jamaica who shall be appointed by her majesty and shall hold office during her majesty’s pleasure and who shall be her majesty’s representative in jamaica. 28. oaths to be taken by governor-general a person appointed to the office of governor-general shall, before entering upon the duties of that office, take and subscribe the oaths of allegiance and for the due execution of the office of governor-general in the forms set out in the first schedule to this constitution. 29. acting governor-general whenever the office of governor-general is vacant or the holder of the office is absent from jamaica or is for any other reason unable to perform the functions of his office, those functions shall be performed by such person as her majesty may appoint or, if there is no such person in jamaica so appointed and able to perform those functions, by the chief justice of jamaica. before assuming the functions of the office of governor-general any such person as aforesaid shall take and subscribe the oaths directed by section 28 of this constitution to be taken and subscribed by the governor-general. the governor-general shall not, for the purposes of this section, be regarded as absent from jamaica or as unable to perform the functions of the office of governor-general— by reason only that he is in passage from one part of jamaica to another; or at any time when there is a subsisting appointment of a deputy under section 30 of this constitution. 30. deputy to governor-general whenever the governor-general— has occasion to be absent from the seat of government but not from jamaica; or has occasion to be absent from jamaica for a period which he has reason to believe will be of short duration; or is suffering from an illness that he has reason to believe will be of short duration, he may, on the advice of the prime minister, by instrument under the broad seal, appoint any person in jamaica to be his deputy during such absence or illness, and in that capacity to perform on his behalf such of the functions of the office of governor-general as may be specified in that instrument. the power and authority of the governor-general shall not be abridged, altered or in any way affected by the appointment of a deputy under this section, and a deputy shall conform to and observe all instructions that the governor-general may from time to time address to him: provided that the question whether or not a deputy has conformed to or observed any such instructions shall not be enquired into in any court. a person appointed as a deputy under this section shall hold that appointment for such period as may be specified in the instrument by which he is appointed, and his appointment may be revoked at any time by the governor-general acting on the advice of the prime minister. 31. personal staff of governor-general parliament may from time to time prescribe the offices that are to constitute the personal staff of the governor-general, the salaries and allowances that are to be paid to the members of that staff and the other sums that are to be paid in respect of the expenditure attaching to the office of governor-general. any salaries or other sums prescribed under subsection (1) of this section shall be charged on and paid out of the consolidated fund. subject to the provisions of subsection (4) of this section, the power to make appointments to the offices for the time being prescribed under subsection (1) of this section as offices that are to constitute the personal staff of the governor-general, and to remove and to exercise disciplinary control over persons holding or acting in any such offices, shall vest in the governor-general acting in his discretion. the governor-general acting in his discretion, may appoint to any of the offices prescribed under subsection (1) of this section such public officers as he may select from a list submitted by the public service commission, but— the provisions of subsection (3) of this section shall apply in relation to an officer so appointed as respects his service on the personal staff of the governor-general but not as respects his service as a public officer; an officer so appointed shall not, during his continuance on the personal staff of the governor-general, perform the functions of any public office; and an officer so appointed may at any time be appointed by the governor-general, if the public service commission so recommend, to assume or resume the functions of a public office and he shall thereupon vacate his office on the personal staff of the governor-general, but the governor-general may, in his discretion, decline to release the officer for that appointment. all offices prescribed under subsection (1) of this section as offices that are to constitute the personal staff of the governor-general shall, for the purposes of sections 40, 41, 111, 124, 129, 132, 133 and 134 of this constitution be deemed to be public offices. 32. exercise of governor-general’s functions the governor-general shall act in accordance with the advice of the cabinet or a minister acting under the general authority of the cabinet in the exercise of his functions other than— any function which is expressed (in whatever terms) to be exercisable by him on or in accordance with the recommendation or advice of, or with the concurrence of, or after consultation with, any person or authority other than the cabinet; and any function which is expressed (in whatever terms) to be exercisable by him in his discretion. where the governor-general is directed to exercise any function on the recommendation of any person or authority, he shall exercise that function in accordance with such recommendation: provided that— before he acts in accordance therewith, he may, in his discretion, once refer that recommendation back for reconsideration by the person or authority concerned; and if that person or authority, having reconsidered the original recommendation under the preceding paragraph, substitutes therefor a different recommendation, the provisions of this subsection shall apply to that different recommendation as they apply to the original recommendation. where the governor-general is directed to exercise any function after consultation with any person or authority he shall not be obliged to exercise that function in accordance with the advice of that person or authority. where the governor-general is directed to exercise any function in accordance with the recommendation or advice of, or with the concurrence of, or after consultation with, or on the representation of, any person or authority, the question whether he has so exercised that function shall not be enquired into in any court. where the governor-general is directed to exercise any function on the recommendation of the prime minister after consultation with the leader of the opposition the following steps shall be taken:— the prime minister shall first consult the leader of the opposition and thereafter tender his recommendation to the governor-general; the governor-general shall then inform the leader of the opposition of this recommendation and if the leader of the opposition concurs therein the governor-general shall act in accordance with such recommendation, if the leader of the opposition does not concur in the recommendation the governor-general shall so inform the prime minister and refer the recommendation back to him, the prime minister shall then advise the governor-general and the governor-general shall act in accordance with that advice. any reference in this constitution to the functions of the governor-general shall be construed as a reference to his powers and duties in the exercise of the executive authority of jamaica and to any other powers and duties conferred or imposed on him as governor-general by or under this constitution or any other law. 33. broad seal the governor-general shall keep and use the broad seal for sealing all things whatsoever that shall pass under the said seal. chapter v.   parliament part 1.  composition of parliament 34. establishment of parliament there shall be a parliament of jamaica which shall consist of her majesty, a senate and a house of representatives. 35. senate the senate shall consist of twenty-one persons who being qualified for appointment as senators in accordance with this constitution have been so appointed in accordance with the provisions of this section. thirteen senators shall be appointed by the governor-general, acting in accordance with the advice of the prime minister, by instrument under the broad seal. the remaining eight senators shall be appointed by the governor-general, acting in accordance with the advice of the leader of the opposition, by instrument under the broad seal. 36. house of representatives the house of representatives shall consist of persons who, being qualified for election as members in accordance with the provisions of this constitution, have been so elected in the manner provided by or under any law for the time being in force in jamaica and who shall be known as “members of parliament”. 37. qualifications and disqualifications for electors subject to the provisions of subsection (2) of this section a person shall be qualified to be registered as an elector for elections to the house of representatives if, and shall not be so qualified unless, he is— a citizen of jamaica resident in jamaica at the date of registration, or a commonwealth citizen (other than a citizen of jamaica) who is resident in jamaica at the date of registration and who has been so resident for at least twelve months immediately preceding that date, and has attained the prescribed age. no person shall be qualified to be registered as an elector for elections to the house of representatives who— is under sentence of death imposed on him by a court in any part of the commonwealth, or is serving a sentence of imprisonment (by whatever name called) of or exceeding six months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court or is under such a sentence of imprisonment the execution of which is suspended; or is disqualified for such registration by or under any law for the time being in force in jamaica because he has been convicted of any offence connected with the election of members of the house of representatives or of any local authority or body for local purposes; or is, under any law for the time being in force in jamaica, certified to be insane or otherwise adjudged to be of unsound mind or detained as a criminal lunatic; or is disqualified for such registration by any law for the time being in force in jamaica by reason of his holding, or acting in, any office the functions of which involve responsibility for, or in connection with the election in the constituency in which such person would otherwise be entitled to vote. in this section, “the prescribed age” means— the age of twenty-one years, or such other age being less than the age of twenty-one years but not less than the age of eighteen years that may from time to time be prescribed by a special act; and “a special act” means an act of parliament the bill for which has been passed by both houses and at the final vote thereon in each house has been supported by the votes of a majority of all the members of that house. a special act may be repealed or amended by another special act and in no other manner. 38. electoral law any law for the time being providing for the election of members of the house of representatives shall— contain provisions designed to ensure that so far as is practicable any person entitled to vote at an election of members of the house of representatives shall have a reasonable opportunity of so voting; and contain provisions relating to the conduct of elections of members of the house of representatives, including provisions relating to the identification of electors, designed to ensure that as far as is practicable no person shall vote at an election of a member of the house of representatives— who is not entitled to vote; or when he is not entitled to vote; or where he is not entitled to vote: provided that this paragraph shall not come into operation until the first day of january 1964. no election of a member of the house of representatives shall be called in question on the ground that the law under which that election was conducted was inconsistent with this section. 39. qualifications for membership of senate and house of representatives subject to the provisions of section 40 of this constitution, any person, who at the date of his appointment or nomination for election— is a commonwealth citizen of the age of twenty-one years or upwards; and has been ordinarily resident in jamaica for the immediately preceding twelve months, shall be qualified to be appointed as a senator or elected as a member of the house of representatives and no other person shall be so qualified. 40. disqualifications for membership of senate and house of representatives no person shall be qualified for election as a member of the house of representatives who— is a member of the senate; is disqualified for election by any law for the time being in force in jamaica by reason of his holding, or acting in, any office the functions of which involve any responsibility for, or in connection with, the conduct of any election, or any responsibility for the compilation or revision of any electoral register. no person shall be qualified to be appointed as a senator or elected as a member of the house of representatives who— is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power or state; holds or is acting in any public office or the office of judge of the supreme court or judge of the court of appeal or, save as is otherwise provided by parliament, is a member of a defence force; is a party to, or a partner in a firm or a director or manager of a company which to his knowledge is a party to, any contract with the government of jamaica for or on account of the public service, and has not— in the case of appointment as a senator, by informing the governor-general; or in the case of election as a member of the house of representatives, by publishing a notice in the gazette within one month before the day of election, previously disclosed the nature of such contract and his interest or the interest of such firm or company therein; subject to the provisions of subsection (3) of this section, is under sentence of death imposed on him by a court in any part of the commonwealth, or is serving a sentence of imprisonment (by whatever name called) of or exceeding six months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by a such a court or is under such a sentence of imprisonment the execution of which is suspended; has been adjudged or otherwise declared bankrupt under any law in force in any part of the commonwealth and has not been discharged; is, under any law for the time being in force in jamaica, certified to be insane or otherwise adjudged to be of unsound mind or detained as a criminal lunatic; or is disqualified for membership of the house of representatives by or under any law for the time being in force in jamaica because he has been convicted of any offence connected with the election of members of that house or of any local authority or body for local purposes. for the purposes of paragraph (d) of subsection (2) of this section— where a person is serving two or more sentences of imprisonment that are required to be served consecutively he shall, throughout the whole time during which he so serves, be regarded as serving a sentence of or exceeding six months if (but not unless) any one of those sentences amounts to or exceeds that term; and no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine. 41. tenure of office of senators and members of house of representatives the seat of a member of either house shall become vacant— upon the next dissolution of parliament after he has been appointed or elected; if he resigns his seat; if he is absent from sittings of the house for such period and in such circumstances as may be prescribed in the standing orders of the house; if he ceases to be a commonwealth citizen or takes any oath or makes any declaration or acknowledgment of allegiance, obedience or adherence to any foreign power or state or does, concurs in or adopts any act done with the intention that he shall become a subject or citizen of any foreign power or state; if any circumstances arise that, if he were not a member of the house, would cause him to be disqualified for appointment or election as such by virtue of paragraph (b) or (g) of subsection (2) of section 40 of this constitution, if he becomes a party to any contract with the government of jamaica for or on account of the public service: provided that— if in the circumstances it appears to the senate (in the case of a senator) or to the house of representatives (in the case of a member of that house) to be just so to do, the senate, or the house of representatives (as the case may be) may exempt any member from vacating his seat under the provisions of this paragraph, if that member, before becoming a party to such contract as aforesaid, discloses to the senate or to the house of representatives (as the case may be) the nature of such contract and his interest therein; if proceedings are taken under section 44 of this constitution to determine whether a senator or a member of the house of representatives has vacated his seat under the provisions of this paragraph he shall be declared by the court not to have vacated his seat if he establishes to the satisfaction of the court that he, acting reasonably, was not aware that he was or had become a party to such contract; if any firm in which he is a partner, or any company of which he is a director or manager, becomes a party to any contract with the government of jamaica for or on account of the public service or if he becomes a partner in a firm, or a director or manager of a company which is a party to any such contract: provided that— if in the circumstances it appears to the senate (in the case of a senator) or to the house of representatives (in the case of a member of that house) to be just so to do, the senate or the house of representatives (as the case may be) may exempt any senator or member from vacating his seat under the provisions of this paragraph if that senator or member, before or as soon as practicable after becoming interested in such contract (whether as a partner in a firm or as director or manager of a company), discloses to the senate or to the house of representatives (as the case may be) the nature of such contract and the interest of such firm or company therein; if proceedings are taken under section 44 of this constitution to determine whether a senator or a member of the house of representatives has vacated his seat under the provisions of this paragraph, he shall be declared by the court not to have vacated his seat if he establishes to the satisfaction of the court that he, acting reasonably, was not aware that the firm or company was or had become a party to such contract. the seat of a member of the house of representatives shall become vacant if— he is appointed as a senator; or any circumstances arise that, if he were not a member of the house of representatives, would cause him to be disqualified for election as such by virtue of paragraph (b) of subsection (1) of section 40 of this constitution. subject to the provisions of paragraph (b) of this subsection, if any member of either house is sentenced by a court in any part of the commonwealth to death or to imprisonment (by whatever name called) for a term of or exceeding six months, he shall forthwith cease to exercise any of his functions as a member and his seat in the house shall become vacant at the expiration of a period of thirty days thereafter: provided that the president or the speaker, as the case may be, may at the request of the member, from time to time extend that period for further periods of thirty days to enable the member to pursue any appeal in respect of his conviction or sentence, so, however, that extensions of time exceeding in the aggregate three hundred and thirty days shall not be given without the approval, signified by resolution, of the house concerned. if at any time before the member vacates his seat he is granted a free pardon or his conviction is set aside or his sentence is reduced to a term of imprisonment of less than six months or a punishment other than imprisonment is substituted, his seat shall not become vacant under paragraph (a) of this subsection and he may resume the exercise of his functions as a member. for the purposes of this subsection— where a person is sentenced to two or more terms of imprisonment that are required to be served consecutively, account shall be taken only of any of those terms that amounts to or exceeds six months; and no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine. subject to the provisions of paragraph (b) of this subsection, if any member of either house is adjudged or declared bankrupt, certified to be insane, adjudged to be of unsound mind or detained as a criminal lunatic, he shall forthwith cease to exercise any of his functions as a member and his seat in the house shall become vacant at the expiration of a period of thirty days thereafter: provided that the president or the speaker, as the case may be, may at the request of the member, from time to time extend that period for further periods of thirty days to enable the member to pursue any appeal in respect of any such adjudication, certification or detention, so, however, that extensions of time exceeding in the aggregate one hundred and eighty days shall not be given without the approval, signified by resolution, of the house concerned. if at any time before the member vacates his seat any such adjudication or certification is set aside or the detention of the member as a criminal lunatic is terminated, his seat shall not become vacant under paragraph (a) of this subsection and he may resume the exercise of his functions as a member. 42. president and deputy president of senate when the senate first meets after any dissolution of parliament and before it proceeds to the despatch of any other business, it shall elect a senator, not being a minister or a parliamentary secretary, to be president; and whenever the office of president is vacant otherwise than by reason of a dissolution of parliament, the senate shall not later than its second sitting after the vacancy has arisen, elect any other such senator to fill that office. upon the president’s being elected and before he enters upon the duties of his office, he shall (unless he has already done so in accordance with the provisions of section 62 of this constitution) make and subscribe before the senate the oath of allegiance. when the senate first meets after any dissolution of parliament, it shall, as soon as practicable, elect one of its members, not being a minister or a parliamentary secretary, to be deputy president; and whenever the office of deputy president becomes vacant, the senate shall, as soon as convenient, elect another such member to fill that office. a person shall vacate the office of president or deputy president— if he resigns that office; if he ceases to be a member of the senate: provided that if the president or deputy president ceases to be a member by reason of a dissolution of parliament, he shall be deemed to continue in office for the purposes of section 47 of this constitution until he resigns his office or vacates it otherwise than by reason of a dissolution of parliament or until the office of president or, as the case may be, of deputy president is filled; if, under the provisions of subsection (3) or subsection (4) of section 41 of this constitution, he is required to cease to exercise any of his functions as a member of the senate; if he is appointed to be a minister or a parliamentary secretary; or in the case of the deputy president, if he is elected to be president. 43. speaker and deputy speaker of house of representatives when the house of representatives first meets after any dissolution of parliament, and before it proceeds to the despatch of any other business, it shall elect one of its members, not being a minister or a parliamentary secretary, to be speaker; and whenever the office of speaker is vacant otherwise than by reason of a dissolution of parliament, the house of representatives shall, not later than its second sitting after the vacancy has arisen, elect another such member to fill that office. upon the speaker’s being elected and before he enters upon the duties of his office, he shall (unless he has already done so in accordance with the provisions of section 62 of this constitution) make and subscribe before the house of representatives the oath of allegiance. when the house of representatives first meets after any dissolution of parliament it shall, as soon as practicable, elect one of its members, not being a minister or a parliamentary secretary, to be deputy speaker; and whenever the office of deputy speaker becomes vacant, the house of representatives shall, as soon as convenient, elect another such member to fill that office. a person shall vacate the office of speaker or deputy speaker— if he resigns that office; if he ceases to be a member of the house of representatives: provided that if the speaker or deputy speaker ceases to be a member by reason of a dissolution of parliament, he shall be deemed to continue in office for the purposes of section 47 of this constitution until he resigns his office or vacates it otherwise than by reason of a dissolution of parliament or until the office of speaker or, as the case may be, deputy speaker is filled; if, under the provisions of subsection (3) or subsection (4) of section 41 of this constitution, he is required to cease to exercise any of his functions as a member of the house of representatives; if he is appointed to be a minister or a parliamentary secretary; or in the case of the deputy speaker, if he is elected to be speaker. 44. determination of questions as to membership any question whether— any person has been validly elected or appointed as a member of either house; or any member of either house has vacated his seat therein or is required, under the provisions of subsection (3) or subsection (4) of section 41 of this constitution, to cease to exercise any of his functions as a member, shall be determined by the supreme court or, on appeal, by the court of appeal whose decision shall be final, in accordance with the provisions of any law for the time being in force in jamaica and, subject to any such law, in accordance with any directions given in that behalf by the chief justice. proceedings for the determination of any question referred to in subsection (1) of this section may be instituted by any person (including the attorney-general) and, where such proceedings are instituted by a person other than the attorney-general, the attorney-general if he is not a party thereto may intervene and (if he intervenes) may appear or be represented therein. 45. filling of vacancies whenever the seat of any member of the senate becomes vacant, the governor-general shall, by instrument under the broad seal, appoint to fill the vacancy a person qualified in accordance with this constitution for appointment as a senator. in making such an appointment the governor-general shall, in any case where the member whose seat has become vacant— was appointed on the advice of the prime minister, act in accordance with the advice of the prime minister; and was appointed on the advice of the leader of the opposition, act in accordance with the advice of the leader of the opposition. whenever the seat of any member of the house of representatives becomes vacant the vacancy shall be filled by election in the manner provided by or under any law for the time being in force in jamaica. 46. unqualified persons sitting or voting any person who sits or votes in either house knowing or having reasonable ground for knowing that he is not entitled to do so, shall be liable to a penalty of ten pounds for each day upon which he so sits or votes. any such penalty shall be recoverable by civil action in the supreme court at the suit of the attorney-general. 47. clerks to houses of parliament and their staffs the offices of clerk and deputy clerk of the senate are hereby constituted and appointments to those offices shall be made by the governor-general, acting on the recommendation of the president. the offices of clerk and deputy clerk of the house of representatives are hereby constituted and appointments to those offices shall be made by the governor-general, acting on the recommendation of the speaker. subject to the provisions of subsection (5) of this section the clerk shall, unless he sooner resigns his office, hold office until he attains the age of 65 years or such later age as may, in any particular case, be prescribed by the commission appointed under subsection (7) of this section. nothing done by the clerk shall be invalid by reason only that he has attained the age at which he is required by this section to vacate office. the clerk shall be removed from office by the governor-general if, but shall not be so removed unless, the house, by a resolution which has received the affirmative vote of not less than two-thirds of all the members thereof, has resolved that he ought to be so removed for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour. the provisions of subsections (3), (4) and (5) of this section shall apply to the deputy clerk as they apply to the clerk. subject to the provisions of subsections (3), (5), (6) and (9) of this section the terms of service (including salary and allowances) of the clerk and deputy clerk shall be determined from time to time by a commission consisting of the following persons, that is to say:— the speaker, as chairman; the president; and the minister responsible for finance or a person nominated by that minister to represent him at any meeting of the commission. the salaries and allowances of the clerk and deputy clerk shall be paid out of the consolidated fund and no such salary shall be reduced during the continuance in office of the person to whom it is payable. the offices of clerk and deputy clerk shall, for the purposes of sections 40, 41, 111, 124, 129, 132, 133 and 134 of this constitution, be deemed to be public offices. a person who is a public officer may, without ceasing to hold office in the public service, be appointed, in accordance with the provisions of this section, to the office of clerk or deputy clerk but— no such appointment shall be made except with the concurrence of the governor-general, acting on the recommendation of the public service commission; the provisions of subsections (3), (5) and (6) of this section shall, in relation to an officer so appointed, apply, subject to the provisions of paragraph (d) of this subsection, as respects his service as clerk or deputy clerk but not as respects his service as a public officer; an officer so appointed shall not, during his continuance in the office of clerk or deputy clerk, perform the functions of any public office; and an officer so appointed may at any time be appointed by the governor-general, acting on the advice of the public service commission, to assume or resume the functions of a public office and he shall thereupon vacate his office as clerk or deputy clerk, but no appointment under this paragraph shall be made without the concurrence of the president or the speaker, as the case may be. the governor-general, acting on the recommendation of the minister responsible for finance after that minister has consulted the clerk, may from time to time prescribe, by notice published in the gazette, the offices (other than the office of deputy clerk) which are to constitute the staff of the clerk and may likewise prescribe which of those offices are subordinate offices. power to make appointments to any office for the time being prescribed under subsection (11) of this section as a subordinate office on the staff of the clerk and to remove and to exercise disciplinary control over persons holding or acting in any such offices is hereby vested in the clerk. before the public service commission advises the governor general under subsection (1) of section 125 of this constitution— that any person should be appointed to any office on the staff of the clerk (other than the office of deputy clerk and any subordinate office thereon); that any person holding or acting in any such office should be appointed to any other public office; or that any person holding or acting in any such office should be removed or that any penalty should be imposed on him by way of disciplinary control, the commission shall consult the clerk. nothing in this section shall be construed as preventing— the appointment of one person to the offices of clerk of the senate and clerk of the house of representatives; or the appointment of one person to the offices of deputy clerk of the senate and deputy clerk of the house of representatives; or the appointment of one person to any other office on the staff of the clerk of the senate and any other office on the staff of the clerk of the house of representatives, and where any person is so appointed to two offices, the foregoing provisions of this section shall apply in relation to him in respect of each such office separately. the functions conferred by this section on the president shall, if there is no person holding the office of president or if the president is absent from jamaica or is otherwise unable to perform those functions, be performed by the deputy president and the functions conferred by this section on the speaker shall, if there is no person holding the office of speaker or if the speaker is absent from jamaica or is otherwise unable to perform those functions, be performed by the deputy speaker. part 2.  powers and procedure of parliament 48. power to make laws subject to the provisions of this constitution, parliament may make laws for the peace, order and good government of jamaica. without prejudice to the generality of subsection (1) and subject to the provisions of subsections (3), (4) and (5) of this section parliament may by law determine the privileges, immunities and powers of the two houses and the members thereof. no civil or criminal proceedings may be instituted against any member of either house for words spoken before, or written in a report to, the house of which he is a member or to a committee thereof or to any joint committee of both houses or by reason of any matter or thing brought by him therein by petition, bill, resolution, motion or otherwise. for the duration of any session members of both houses shall enjoy freedom from arrest for any civil debt except a debt the contraction of which constitutes a criminal offence. no process issued by any court in the exercise of its civil jurisdiction shall be served or executed within the precincts of either house while such house is sitting or through the president or the speaker, the clerk or any officer of either house. 49. alteration of this constitution subject to the provisions of this section parliament may by act of parliament passed by both houses alter any of the provisions of this constitution or (in so far as it forms part of the law of jamaica) any of the provisions of the jamaica independence act, 1962. in so far as it alters— sections 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, subsection (3) of section 48, sections 66, 67, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 94, subsections (2), (3), (4), (5), (6) or (7) of section 96, sections 97, 98, 99, subsections (3), (4), (5), (6), (7), (8) or (9) of section 100, sections 101, 103, 104, 105, subsections (3), (4), (5), (6), (7), (8) or (9) of section 106, subsections (1), (2), (4), (5), (6), (7), (8), (9) or (10) of section 111, sections 112, 113, 114, 116, 117, 118, 119, 120, subsections (2), (3), (4), (5), (6) or (7) of section 121, sections 122, 124, 125, subsection (1) of section 126, sections 127, 129, 130, 131, 135 or 136 or the second or third schedule to this constitution; or section 1 of this constitution in its application to any of the provisions specified in paragraph (a) of this subsection, a bill for an act of parliament under this section shall not be submitted to the governor-general for his assent unless a period of three months has elapsed between the introduction of the bill into the house of representatives and the commencement of the first debate on the whole text of that bill in that house and a further period of three months has elapsed between the conclusion of that debate and the passing of that bill by that house. in so far as it alters— this section; sections 2, 34, 35, 36, 39, subsection (2) of section 63, subsections (2), (3) or (5) of section 64, section 65, or subsection (1) of section 68 of this constitution; section 1 of this constitution in its application to any of the provisions specified in paragraph (a) or (b) of this subsection; or any of the provisions of the jamaica independence act, 1962, a bill for an act of parliament under this section shall not be submitted to the governor-general for his assent unless— a period of three months has elapsed between the introduction of the bill into the house of representatives and the commencement of the first debate on the whole text of that bill in that house and a further period of three months has elapsed between the conclusion of that debate and the passing of that bill by that house, and subject to the provisions of subsection (6) of this section, the bill, not less than two nor more than six months after its passage through both houses, has been submitted to the electors qualified to vote for the election of members of the house of representatives and, on a vote taken in such manner as parliament may prescribe, the majority of the electors voting have approved the bill. a bill for an act of parliament under this section shall not be deemed to be passed in either house unless at the final vote thereon it is supported— in the case of a bill which alters any of the provisions specified in subsection (2) or subsection (3) of this section by the votes of not less than two-thirds of all the members of that house, or in any other case by the votes of a majority of all the members of that house. if a bill for an act of parliament which alters any of the provisions specified in subsection (2) of this section is passed by the house of representatives— twice in the same session in the manner prescribed by subsection (2) and paragraph (a) of subsection (4) of this section and having been sent to the senate on the first occasion at least seven months before the end of the session and on the second occasion at least one month before the end of the session, is rejected by the senate on each occasion, or in two successive sessions (whether of the same parliament or not) in the manner prescribed by subsection (2) and paragraph (a) of subsection (4) of this section and, having been sent to the senate in each of those sessions at least one month before the end of the session, the second occasion being at least six months after the first occasion, is rejected by the senate in each of those sessions, that bill may, not less than two nor more than six months after its rejection by the senate for the second time, be submitted to the electors qualified to vote for the election of members of the house of representatives and, if on a vote taken in such manner as parliament may prescribe, three-fifths of the electors voting approve the bill, the bill may be presented to the governor-general for assent. if a bill for an act of parliament which alters any of the provisions specified in subsection (3) of this section is passed by the house of representatives— twice in the same session in the manner prescribed by subsection (3) and paragraph (a) of subsection (4) of this section and having been sent to the senate on the first occasion at least seven months before the end of the session and on the second occasion at least one month before the end of the session, is rejected by the senate on each occasion, or in two successive sessions (whether of the same parliament or not) in the manner prescribed by subsection (3) and paragraph (a) of subsection (4) of this section and, having been sent to the senate in each of those sessions at least one month before the end of the session, the second occasion being at least six months after the first occasion, is rejected by the senate in each of those sessions, that bill may, not less than two nor more than six months after its rejection by the senate for the second time, be submitted to the electors qualified to vote for the election of members of the house of representatives and, if on a vote taken in such manner as parliament may prescribe, two-thirds of the electors voting approve the bill, the bill may be presented to the governor-general for assent. for the purposes of subsection (5) and subsection (6) of this section a bill shall be deemed to be rejected by the senate if— it is not passed by the senate in the manner prescribed by paragraph (a) of subsection (4) of this section within one month after it is sent to that house; or it is passed by the senate in the manner so prescribed with any amendment which is not agreed to by the house of representatives. for the purposes of subsection (5) and subsection (6) of this section a bill that is sent to the senate from the house of representatives in any session shall be deemed to be the same bill as the former bill sent to the senate in the same or in the preceding session if, when it is sent to the senate, it is identical with the former bill or contains only such alterations as are specified by the speaker to be necessary owing to the time that has elapsed since the date of the former bill or to represent any amendments which have been made by the senate in the former bill. in this section— reference to any of the provisions of this constitution or the jamaica independence act, 1962, includes references to any law that alters that provision; and “alter” includes amend, modify, re-enact with or without amendment or modification, make different provision in lieu of, suspend, repeal or add to. [repealed by 12 of 2011, s. 3.] 51. regulation of procedure in houses of parliament subject to the provisions of this constitution, each house may regulate its own procedure and for this purpose may make standing orders. each house may act notwithstanding any vacancy in its membership (including any vacancy not filled when the house first meets on or after the appointed day or after any dissolution of parliament) and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the house shall not invalidate those proceedings. 52. presiding in senate and house of representatives the president or, in his absence, the deputy president or, if they are both absent, a member of the senate (not being a minister or a parliamentary secretary) elected by the senate for that sitting shall preside at each sitting of the senate. the speaker or, in his absence, the deputy speaker or, if they are both absent, a member of the house of representatives (not being a minister or a parliamentary secretary) elected by the house of representatives for that sitting shall preside at each sitting of the house of representatives. references in this section to circumstances in which the president, deputy president, speaker or deputy speaker is absent include references to circumstances in which the office of president, deputy president, speaker or deputy speaker is vacant. 53. quorum if at any time during a sitting of either house objection is taken by a member that there is not a quorum present and, after such interval as may be prescribed in the standing orders of that house, the person presiding ascertains that there is still not a quorum present, he shall thereupon adjourn the house. for the purposes of this section— a quorum of the senate shall consist of eight members besides the person presiding; and a quorum of the house of representatives shall consist of sixteen members besides the person presiding. 54. voting save as is otherwise provided in this constitution, all questions proposed for decision in either house shall be determined by a majority of the votes of the members thereof present and voting. the person presiding in either house shall not vote— unless on any question the votes are equally divided, in which case he shall have and exercise a casting vote; or except in the case of the final vote on a bill for an act of parliament under subsection (3) of section 37 or section 49 of this constitution or the final vote on a bill for an act of parliament to which section 50 of this constitution refers in each of which cases he shall have an original vote. 55. introduction of bills, etc subject to the provisions of this constitution and of the standing orders of the house, any member of either house may introduce any bill or propose any motion for debate in or may present any petition to that house, and the same shall be debated and disposed of according to the standing orders of that house. a bill other than a money bill may be introduced in either house, but a money bill shall not be introduced in the senate. except on the recommendation of the governor-general signified by a minister, the house of representatives shall not— proceed upon any bill (including any amendment to a bill) which bill or amendment, as the case may be, in the opinion of the person presiding, makes provision for any of the following purposes, that is to say, for imposing or increasing any tax, for imposing or increasing any charge on the revenues or other funds of jamaica or for altering any such charge otherwise than by reducing it, or for compounding or remitting any debt due to jamaica; proceed upon any motion (including any amendment to a motion) the effect of which motion or amendment, as the case may be, in the opinion of the person presiding, is that provision should be made for any of the purposes aforesaid; or receive any petition which, in the opinion of the person presiding, requests that provision be made for any of the purposes aforesaid. the senate shall not— proceed upon any bill, other than a bill sent from the house of representatives, or upon any amendment to a bill, which bill or amendment, as the case may be, in the opinion of the person presiding, makes provision for any of the following purposes, that is to say, for imposing or altering any existing or proposed tax, for imposing or altering any existing or proposed charge on the revenues or other funds of jamaica, or for compounding or remitting any debt due to jamaica; proceed upon any motion (including any amendment to a motion) the effect of which motion or amendment, as the case may be, in the opinion of the person presiding, is that provision should be made for any of the purposes aforesaid; or receive any petition which, in the opinion of the person presiding, requests that provision be made for any of the purposes aforesaid. 56. restriction on powers of senate as to money bills subject to the provisions of this constitution, if a money bill, having been passed by the house of representatives and sent to the senate at least one month before the end of the session, is not passed by the senate without amendment within one month after it is sent to that house, the bill shall, unless the house of representatives otherwise resolves, be presented to the governor-general for his assent notwithstanding that the senate has not consented to the bill. there shall be endorsed on every money bill when it is sent to the senate the certificate of the speaker signed by him that it is a money bill; and there shall be endorsed on any money bill that is presented to the governor-general for assent in pursuance of subsection (1) of this section the certificate of the speaker signed by him that it is a money bill and that the provisions of that subsection have been complied with. 57. restriction on powers of senate as to bills other than money bills and certain other bills subject to the provisions of this constitution, if any bill other than a money bill is passed by the house of representatives— twice in the same session and, having been sent to the senate on the first occasion at least seven months before the end of the session and on the second occasion at least one month before the end of the session, is rejected by the senate on each occasion, or in two successive sessions (whether of the same parliament or not) and, having been sent to the senate in each of those sessions at least one month before the end of the session, the second occasion being at least six months after the first occasion, is rejected by the senate in each of those sessions, that bill shall, on its rejection for the second time by the senate, unless the house of representatives otherwise resolves, be presented to the governor-general for assent notwithstanding that the senate has not consented to the bill. for the purposes of this section a bill that is sent to the senate from the house of representatives in any session shall be deemed to be the same bill as a former bill sent to the senate in the same or in the preceding session if, when it is sent to the senate, it is identical with the former bill or contains only such alterations as are certified by the speaker to be necessary owing to the time that has elapsed since the date of the former bill or to represent any amendments which have been made by the senate in the former bill. the house of representatives may, if it thinks fit, on the passage through that house of a bill that is deemed to be the same bill as a former bill sent to the senate in the same or in the preceding session, suggest any amendments without inserting the amendments in the bill, and any such amendments shall be considered by the senate, and, if agreed to by the senate, shall be treated as amendments made by the senate and agreed to by the house of representatives; but the exercise of this power by the house of representatives shall not affect the operation of this section in the event of the rejection of the bill in the senate. there shall be inserted in any bill that is presented to the governor-general for assent in pursuance of this section any amendments that are certified by the speaker to have been made in the bill by the senate and agreed to by the house of representatives. there shall be endorsed on any bill that is presented to the governor-general for assent in pursuance of this section the certificate of the speaker signed by him that the provisions of this section have been complied with. the provisions of this section shall not apply to a bill which is required by this constitution to be passed by both houses. 58. provisions relating to sections 55, 56 and 57 in sections 55, 56 and 57 of this constitution “money bill” means a public bill which, in the opinion of the speaker, contains only provisions dealing with all or any of the following matters, namely, the imposition, repeal, remission, alteration or regulation of taxation; the imposition, for the payment of debt or other financial purposes, of charges on the consolidated fund or any other public funds or on monies provided by parliament, or the variation or repeal of any such charges; the grant of money to the crown or to any authority or person, or the variation or revocation of any such grant; the appropriation, receipt, custody, investment, issue or audit of accounts of public money; the raising or guarantee of any loan or the repayment thereof, or the establishment, alteration, administration or abolition of any sinking fund provided in connection with any such loan; or subordinate matters incidental to any of the matters aforesaid; and in this subsection the expressions “taxation”, “debt”, “public fund”, “public money” and “loan” do not include any taxation imposed, debt incurred, fund or money provided or loan raised by any local authority or body for local purposes. for the purposes of section 57 of this constitution, a bill shall be deemed to be rejected by the senate if— it is not passed by the senate without amendment within one month after it is sent to that house; or it is passed by the senate with any amendment which is not agreed to by the house of representatives. where the office of speaker is vacant or the speaker is for any reason unable to perform any function conferred upon him by subsection (1) of this section or by section 56 or 57 of this constitution, that function may be performed by the deputy speaker. any certificate of the speaker or deputy speaker given under section 56 or 57 of this constitution shall be conclusive for all purposes and shall not be questioned in any court. before giving any such certificate the speaker or deputy speaker, as the case may be, shall, if practicable, consult the attorney-general. 59. restriction on powers of senate as to certain statutory instruments any statutory instrument to which this section applies and which, having been laid before the senate— in any session at least seven months before the end of the session, is not approved by the senate shall, if it is again laid before the senate at least one month before the end of that session, or in any session at least one month before the end of the session, is not approved by the senate in that session shall, if it is again laid before the senate at least one month before the end of the next succeeding session (whether of the same parliament or not), but not earlier than six months after it was laid for the first time, be deemed to have been approved by the senate at the end of the session in which it was laid for the second time if it has not earlier been so approved. in this section “statutory instrument” means any document by which the governor-general, the governor of the former colony of jamaica, a minister or any other executive authority has exercised a power to make, confirm or approve orders, rules, regulations or other subordinate legislation, being a power conferred by any law enacted (whether before or after the appointed day) by any legislature in jamaica, and the statutory instruments to which this section applies are all statutory instruments in respect of which it is provided (in whatever terms) that they may not come into force until approved by the senate. for the purposes of this section a statutory instrument that is laid before the senate in any session shall be deemed to be the same statutory instrument as a former statutory instrument laid before the senate, in the same or in the preceding session if, when it is laid before the senate, it is identical with the former statutory instrument or contains only such alterations as are certified by the president to be necessary owing to the time that has elapsed since the date of the former statutory instrument. where the office of president is vacant or the president is for any reason unable to perform the function conferred upon him by subsection (3) of this section that function may be performed by the deputy president. any certificate of the president or deputy president given under subsection (3) of this section shall be conclusive for all purposes and shall not be questioned in any court. 60. assent to bills a bill shall not become law until the governor-general has assented thereto in her majesty’s name and on her majesty’s behalf and has signed it in token of such assent. subject to the provisions of sections 37, 49, 50, 56 and 57 of this constitution, a bill shall be presented to the governor-general for assent if, and shall not be so presented unless, it has been approved by both houses of parliament either without amendment or with such amendments only as are agreed to by both houses. when a bill is presented to the governor-general for assent he shall signify that he assents or that he withholds assent. 61. words of enactment in every bill presented to the governor-general for assent, other than a bill for a special act as defined in subsection (3) of section 37 of this constitution or a bill presented under section 49, 56 or 57 of this constitution or a bill for an act to which section 50 of this constitution refers, the words of enactment shall be as follows:— “be it enacted by the queen’s most excellent majesty, by and with the advice and consent of the senate and house of representatives of jamaica, and by the authority of the same, as follows:—”. in every bill for a special act as defined in subsection (3) of section 37 of this constitution presented to the governor-general for assent the words of enactment shall be as follows:— “be it enacted by the queen’s most excellent majesty, by and with the advice and consent of the senate and the house of representatives of jamaica in accordance with the provisions of subsection (3) of section 37 of the constitution of jamaica, and by the authority of the same, as follows:—”. in every bill presented to the governor-general for assent under section 49 of this constitution, the words of enactment shall be as follows:— “be it enacted by the queen’s most excellent majesty, by and with the advice and consent of the senate and the house of representatives of jamaica (or of the house of representatives of jamaica, as the case may be) in accordance with the provisions of section 49 of the constitution of jamaica, and by the authority of the same, as follows:—”. in every bill for an act to which section 50 of this constitution refers presented to the governor-general for assent the words of enactment shall be as follows:— “be it enacted by the queen’s most excellent majesty, by and with the advice and consent of the senate and the house of representatives of jamaica in accordance with the provisions of section 50 of the constitution of jamaica, and by the authority of the same, as follows:—”. in every bill presented to the governor-general for assent under sections 56 and 57 of this constitution, the words of enactment shall be as follows:— “be it enacted by the queen’s most excellent majesty, by and with the advice and consent of the house of representatives of jamaica in accordance with the provisions of section 56 (or section 57, as the case may be) of the constitution of jamaica, and by the authority of the same, as follows:—”. any alteration of the words of enactment of a bill made in consequence of the provisions of subsection (3) or subsection (5) of this section shall be deemed not to be an amendment of the bill. 62. oath of allegiance no member of either house shall take part in the proceedings thereof (other than proceedings necessary for the purpose of this section) until he has made and subscribed before that house the oath of allegiance: provided that the election of a president or a speaker (as the case may be) may take place before the members of the house have made and subscribed such oath. part 3.  summoning, prorogation and dissolution 63. sessions of parliament each session of parliament shall be held at such place within jamaica and shall commence at such time as the governor-general may by proclamation published in the gazette appoint. sessions shall be held at such times so that a period of six months shall not intervene between the last sitting of parliament in one session and the first sitting thereof in the next session. 64. prorogation and dissolution of parliament the governor-general may at any time by proclamation published in the gazette prorogue or dissolve parliament. subject to the provisions of subsection (3) of this section, parliament, unless sooner dissolved, shall continue for five years from the date of its first sitting after any dissolution and shall then stand dissolved. at any time when jamaica is at war, parliament may from time to time extend the period of five years specified in subsection (2) of this section for not more than twelve months at a time: provided that the life of parliament shall not be extended under this subsection for more than two years. if, between a dissolution of parliament and the next ensuing general election of members to the house of representatives, an emergency arises of such a nature that, in the opinion of the prime minister, it is necessary for the two houses or either of them to be summoned before that general election can be held, the governor-general may, by proclamation published in the gazette, summon the two houses of the preceding parliament and that parliament shall thereupon be deemed (except for the purposes of section 65 of this constitution) not to have been dissolved but shall be deemed (except as aforesaid) to be dissolved on the date on which the polls are held in the next ensuing general election. in the exercise of his powers under this section the governor-general shall act in accordance with the advice of the prime minister: provided that if the house of representatives by a resolution which has received the affirmative vote of a majority of all the members thereof has resolved that it has no confidence in the government, the governor-general shall by proclamation published in the gazette dissolve parliament. 65. general elections and appointment of senators a general election of members of the house of representatives shall be held at such time within three months after every dissolution of parliament as the governor-general, acting in accordance with the advice of the prime minister, shall appoint by proclamation published in the gazette. as soon as may be after every general election the governor-general shall proceed under section 35 of this constitution to the appointment of senators. part 4. constituencies and local government 66. constituencies and local government until otherwise provided by an order made by the governor-general under section 67 of this constitution, jamaica shall, for the purpose of electing the members of the house of representatives, be divided into the forty-five constituencies prescribed by the constituencies (boundaries) order, 1959 made by the governor of the former colony of jamaica and published in the gazette of the 28th day of may, 1959. every constituency established under this section or under section 67 of this constitution shall return one member to the house of representatives. there shall continue to be a democratic sytem of local government for jamaica. the purposes of local government shall be toencourage and assist the effective participation of local communities in the affairs of local government; give local authoritiesthe ability to provide local public services and facilities and to carry out other related activities for the benefit of local communities and the wider public; and the ability to perform such regulatory functions as may be conferred upon local authorities by law; and facilitate the management, improvement and development of the resources of local communities. parliament may make provisionfor local authorities to generate and spend their own revenue; for assigning functions between the various tiers of government; relating to the manner in which local authorities are constituted and the nature and extent of their functions; for the holding of local government elections; and prescribing any other matter relating to the governance of local authorities. 67. standing committee of house of representatives subject to the provisions of section 66 of this constitution, jamaica shall, for the purpose of election of members to the house of representatives, be divided into such number of constituencies, being not less than forty-five nor more than sixty-five, as may from time to time be provided by order made by the governor-general under this section. as soon as practicable after the house of representatives first meets after the appointed day or following any general election there shall be established a standing committee of the house consisting of— the speaker, as chairman; three members of the house appointed by the prime minister; and three members of the house appointed by the leader of the opposition. it shall be the function of the standing committee to keep under continuous review— the number of constituencies into which jamaica is to be divided; and the boundaries of such constituencies. subject to the provisions of this section, the procedure of the standing committee shall be determined by the standing orders of the house of representatives. the standing committee shall, in accordance with the provisions of the following subsection, submit to the house of representatives reports either— showing the constituencies into which it recommends that jamaica should be divided in order to give effect to the rules set out in the second schedule to this constitution; or stating that, in the opinion of the committee, no alteration is required in the existing number or boundaries of constituencies in order to give effect to the said rules. reports under subsection (5) of this section shall be submitted by the standing committee— in the case of its first report after the appointed day, not less than four nor more than six years from that day; and in the case of any subsequent report, not less than four nor more than six years from the date of the submission of its last report. where the standing committee intends to consider making a report, it shall, by notice in writing, inform the minister responsible for the conduct of elections (hereafter in this section called "the minister") accordingly, and a copy of that notice shall be published in the gazette. as soon as may be after the standing committee has submitted a report to the house under paragraph (a) of subsection (5) of this section, the minister shall lay before the house for its approval the draft of an order by the governor-general for giving effect to the recommendations contained in the report and that draft may make provision for any matters which appear to the minister to be incidental to or consequential upon the other provisions of the draft. where any draft made under this section gives effect to any such recommendations with modifications, the minister shall lay before the house together with the draft a statement of the reasons for the modifications. if the motion for the approval of any draft made under this section is rejected by the house of representatives, or is withdrawn by leave of that house, the minister shall amend the draft and lay the amended draft before the house of representatives. if any draft made under this section is approved by resolution of the house, the minister shall submit it to the governor-general who shall make an order (which shall be published in the gazette) in terms of the draft; and that order shall come into force on such day as may be specified therein and, until revoked by a further order made by the governor-general in accordance with the provisions of this section, shall have the force of law: provided that the coming into force of any such order shall not affect any election to the house of representatives until a proclamation is made by the governor-general appointing the date for the holding of a general election of members to the house of representatives or affect the constitution of the house of representatives until the dissolution of the parliament then in being. an act of parliament may provide for the institution of proceedings in the supreme court for the purpose of determining whether or not any report made under subsection (5) of this section gives effect to the provisions of this section and empower the supreme court, subject to an appeal to the court of appeal, to make whatever orders are necessary in order to ensure that effect is given to those provisions and to make orders relating to the costs of those proceedings. subject to the provisions of any act to which subsection (12) of this section refers, the question of the validity of any order by the governor-general purporting to be made under this section and reciting that a draft thereof has been approved by resolution of the house of representatives shall not be enquired into in any court. chapter vi.  executive powers 68. executive authority of jamaica the executive authority of jamaica is vested in her majesty. subject to the provisions of this constitution, the executive authority of jamaica may be exercised on behalf of her majesty by the governor-general either directly or through officers subordinate to him. nothing in this section shall prevent parliament from conferring functions on persons or authorities other than the governor-general. 69. cabinet there shall be in and for jamaica a cabinet which shall consist of the prime minister and such number of other ministers (not being less than eleven) selected from among ministers appointed in accordance with the provisions of section 70 of this constitution, as the prime minister may from time to time consider appropriate. the cabinet shall be the principal instrument of policy and shall be charged with the general direction and control of the government of jamaica and shall be collectively responsible therefor to parliament. not less than two nor more than four of the ministers selected pursuant to subsection (1) shall be persons who are members of the senate. 70. appointment of ministers whenever the governor-general has occasion to appoint a prime minister he, acting in his discretion, shall appoint the member of the house of representatives who, in his judgment, is best able to command the confidence of a majority of the members of that house and shall, acting in accordance with the advice of the prime minister, appoint from among the members of the two houses such number of other ministers as the prime minister may advise. [deleted by act 16 of 1986.] if occasion arises for making an appointment while parliament is dissolved, a person who was a member of the house of representatives immediately before the dissolution may be appointed prime minister and a person who was a member of either house immediately before the dissolution may, subject to the provisions of subsection (2) of this section, be appointed as any other minister as if, in each case, such person were still a member of the house in question, but any person so appointed shall vacate office at the beginning of the next session of that house if he is not then a member thereof. appointments under this section shall be made by instrument under the broad seal. 71. tenure of office of ministers the office of prime minister shall become vacant— if he resigns his office; if he ceases to be a member of the house of representatives otherwise than by a dissolution of parliament; if, under the provisions of subsection (3) or subsection (4) of section 41 of this constitution, he is required to cease to exercise any of his functions as a member of the house of representatives; when, after any dissolution of parliament, the prime minister is informed by the governor-general, acting in his discretion, that the governor-general is about to re-appoint him as prime minister or appoint another person as prime minister; or if the governor-general revokes his appointment in accordance with the provisions of subsection (2) of this section. if the house of representatives by a resolution which has received the affirmative vote of a majority of all the members thereof has resolved that the appointment of the prime minister ought to be revoked, the governor-general shall, subject to the provisions of subsection (3) of this section, by instrument under the broad seal, revoke his appointment. if the house of representatives has passed a resolution as provided by subsection (2) of this section that the appointment of the prime minister ought to be revoked, the governor-general shall consult with the prime minister and, if the prime minister within three days so requests, the governor-general shall dissolve parliament instead of revoking the appointment. the office of a minister, other than the office of prime minister, shall become vacant— upon the appointment or re-appointment of any person to the office of prime minister; if his appointment to his office is revoked by the governor-general, acting in accordance with the advice of the prime minister, by instrument under the broad seal; if, for any reason other than a dissolution of parliament, he ceases to be a member of the house of which he was a member at the date of his appointment as a minister; if, under the provisions of subsection (3) or subsection (4) of section 41 of this constitution, he is required to cease to exercise any of his functions as a member of either house; or if he resigns his office. 72. performance of prime minister’s functions in certain events whenever the prime minister is unable, by reason of his illness or absence from jamaica, to perform the functions of his office, the governor-general may, by instrument under the broad seal, authorise any other minister who is a member of the house of representatives to perform the functions conferred on the prime minister by this constitution (other than the functions conferred on him by subsection (3) of this section). the governor-general may, by instrument under the broad seal, revoke any authority given under this section. the power conferred on the governor-general by this section shall be exercised by him acting in his discretion if in his opinion it is impracticable to obtain the advice of the prime minister owing to the prime minister’s illness or absence, and in any other case shall be exercised by the governor-general in accordance with the advice of the prime minister. 73. temporary ministers whenever a minister other than the prime minister is unable, by reason of his illness or absence from jamaica, to perform the functions of his office, the governor-general may, by instrument under the broad seal, appoint a person who is a member of the same house as that minister to be a temporary minister: provided that if occasion arises for making an appointment while parliament is dissolved, a person who, immediately before the dissolution, was a member of the same house as the aforesaid minister, may be appointed as a temporary minister as if he were still a member of that house but any person so appointed shall, vacate office at the beginning of the next session of that house if he is not then a member thereof. subject to the provisions of section 71 of this constitution a temporary minister shall hold office until he is notified by the governor-general, by instrument under the broad seal, that the minister on account of whose inability to perform the functions of his office he was appointed is again able to perform those functions or until that minister vacates his office. the powers conferred on the governor-general by this section shall be exercised by him in accordance with the advice of the prime minister. 74. oath the prime minister and every other minister shall, before entering upon the duties of his office, make before the governor-general the oath of allegiance and the appropriate oath for the due execution of his office in the forms set out in the first schedule to this constitution. 75. presiding in cabinet the prime minister shall, so far as is practicable, attend and preside at all meetings of the cabinet and in his absence such other minister shall preside as the prime minister shall appoint. 76. governor-general to be informed concerning matters of government the prime minister shall keep the governor-general fully informed concerning the general conduct of the government of jamaica and shall furnish the governor-general with such information as he may request with respect to any particular matter relating to the government of jamaica. 77. assignment of responsibilities to ministers subject to the provisions of this constitution, the governor-general, acting in accordance with the advice of the prime minister, may, by directions in writing, charge any minister who is a member of the house of representatives, or (except in so far as may be inconsistent with any ministerial functions under sections 67, 115, 116 or 118 of this constitution) who is a member of the senate, with the responsibility for any subject or any department of government. nothing in this section shall empower the governor-general to confer on any minister authority to exercise any power or to discharge any duty that is conferred or imposed by this constitution or any other law on the governor-general or any person or authority other than that minister. with the approval of the house of representatives signified by a resolution directions in writing made under subsection (1) of this section may be given retroactive effect. 78. parliamentary secretaries the governor-general, acting in accordance with the advice of the prime minister, may, by instrument under the broad seal, appoint parliamentary secretaries from among the members of the two houses to assist ministers in the discharge of their functions. [deleted by act 1 of 1977.] if occasion arises for making an appointment to the office of parliamentary secretary while parliament is dissolved, a person who was a member of either house of the last parliament may, be appointed as if he were still a member of that house but any person so appointed shall vacate office at the beginning of the next session of that house if he is not then a member thereof. the provisions of subsection (4) of section 71 and section 74 of this constitution shall apply to parliamentary secretaries as they apply to ministers. 79. attorney-general there shall be an attorney-general who shall be the principal legal adviser to the government of jamaica. power to appoint a person to hold or act in the office of attorney-general and to remove from that office a person holding or acting in it shall, subject to subsection (4) of this section, be exercised by the governor-general acting in accordance with the advice of the prime minister. any person appointed to hold or act in the office of attorney-general in pursuance of subsection (2) of this section shall not, except in accordance with the provisions of section 70 of this constitution, be appointed a minister. until an appointment of a person to hold or act in the office of attorney-general is first made under the provisions of subsection (2) of this section, it shall be a public office and a person shall not be qualified to hold or act in that office unless he is qualified for appointment as a judge of the supreme court. on the occasion of the first appointment of a person to hold or act in the office of attorney-general under the provisions of subsection (2) of this section, the office of attorney-general as a public office shall be deemed to have been abolished. 80. leader of the opposition there shall be a leader of the opposition who shall be appointed by the governor-general by instrument under the broad seal. whenever the governor-general has occasion to appoint a leader of the opposition he shall, in his discretion, appoint the member of the house of representatives who, in his judgment, is best able to command the support of a majority of those members who do not support the government, or, if there is no such person, the member of that house who, in his judgment, commands the support of the largest single group of such members who are prepared to support one leader. the office of leader of the opposition shall become vacant— if he resigns his office; if, after any dissolution of parliament, he is informed by the governor-general acting in his discretion that the governor-general is about to appoint another person as leader of the opposition; if he ceases to be a member of the house of representatives otherwise than by reason of a dissolution of parliament; if, under the provisions of subsection (3) or subsection (4) of section 41 of this constitution, he is required to cease to exercise any of his functions as a member of the house of representatives; or if his appointment is revoked under the provisions of subsection (5) of this section. if occasion arises for making an appointment while parliament is dissolved, a person who was a member of the house of representatives immediately before the dissolution may be appointed leader of the opposition as if such person were still a member of that house but the person so appointed shall vacate office at the beginning of the next session of that house if he is not a member thereof. if, in the judgment of the governor-general, the leader of the opposition no longer is able to command the support of a majority of those members of the house of representatives who do not support the government, or, as the case may be, the support of the largest single group of such members who are prepared to support one leader, the governor-general, acting in his discretion, shall revoke the appointment of the leader of the opposition. 81. certain vacancies in office of leader of opposition during any period in which there is a vacancy in the office of leader of the opposition by reason of the fact that no person is both qualified in accordance with this constitution for, and willing to accept, appointment to that office, the governor-general shall act in accordance with the advice of the prime minister on any matter in respect of which it is provided in this constitution either— that the governor-general shall act on the advice of the leader of the opposition, or that the governor-general shall act on the recommendation of the prime minister after consultation with the leader of the opposition. 82. privy council there shall be in and for jamaica a privy council which shall consist of six members appointed by the governor-general, after consultation with the prime minister, by instrument under the broad seal. at least two of the members of the privy council shall be persons who hold or have held public office. the privy council shall have such powers and duties as may be conferred or imposed upon it by or under this constitution or any other law. 83. tenure of office of members of privy council the seat of a member of the privy council shall become vacant— at the expiration of three years from the date of his appointment or such earlier time as may be specified in the instrument by which he was appointed; if he resigns his seat; or if his appointment is revoked by the governor-general, acting after consultation with the prime minister, by instrument under the broad seal. if any person is appointed to be a provisional member of the privy council under section 85 of this constitution and his tenure of his seat as a provisional member is immediately followed by his substantive appointment as a member under this section, the period of three years referred to in paragraph (a) of subsection (1) of this section shall be reckoned from the date of the instrument by which he was appointed a provisional member. 84. incapacity of member of privy council the governor-general, acting after consultation with the prime minister, may, by instrument under the broad seal, declare that a member of the privy council, is by reason of absence or infirmity of body or mind, temporarily unable to discharge his functions as a member of the council, and thereupon that member shall not take part in the proceedings of the council until he is declared in like manner to be again able to discharge those functions. 85. provisional appointments to privy council whenever a member of the privy council has, under section 84 of this constitution, been declared to be temporarily unable to discharge his functions as a member, the governor-general, acting after consultation with the prime minister, may, by instrument under the broad seal, appoint a person to be a provisional member in place of that member during the period until that member is declared under section 84 of this constitution to be again able to discharge those functions or vacates his seat. subject to the provisions of subsection (1) of this section, the provisions of subsection (1) of section 83 of this constitution shall apply in relation to a provisional member of the privy council as they apply in relation to a substantive member. 86. senior member of privy council the governor-general, after consultation with the prime minister, shall appoint one of the members of the privy council to be the senior member thereof. if on any question the votes of the members of the privy council are equally divided the senior member shall have and exercise a casting vote in addition to his original vote. the senior member shall preside over any meeting of the privy council at which the governor-general is not present. if at any meeting of the privy council the senior member is absent, the members present shall elect one of their number to exercise the powers and to perform the duties of the senior member at that meeting. 87. attendance of governor-general the governor-general shall, so far as is practicable, attend and preside at all meetings of the privy council. 88. summoning of privy council and procedure the privy council shall not be summoned except by the authority of the governor-general acting in his discretion. if, during any meeting of the privy council, the governor-general or member presiding observes, upon objection in that behalf being taken by any member present, that there are present less than three members besides the governor-general or member presiding, he shall thereupon adjourn the meeting. subject to the provisions of this constitution, the privy council may regulate its own procedure. 89. validity of proceedings of privy council the privy council shall not be disqualified for the transaction of business by reason only of any vacancy among its members (including any vacancy not filled when it is first constituted or is reconstituted at any time), and any proceeding therein shall be valid notwithstanding that some person who was not entitled so to do took part therein. 90. prerogative of mercy the governor-general may, in her majesty’s name and on her majesty’s behalf— grant to any person convicted of any offence against the law of jamaica a pardon, either free or subject to lawful conditions; grant to any person a respite, either indefinite or for a specified period, from the execution of any punishment imposed on that person for such an offence; substitute a less severe form of punishment for that imposed on any person for such an offence; or remit the whole or part of any punishment imposed on any person for such an offence or any penalty or forfeiture otherwise due to the crown on account of such an offence. in the exercise of the powers conferred on him by this section the governor-general shall act on the recommendation of the privy council. 91. pardon in capital cases where any person has been sentenced to death for an offence against the law of jamaica, the governor-general shall causea written report of the case from the trial judge, together with such other information derived from the record of the case or elsewhere as the governor-general may require, to be forwarded to the privy council; and a notice to be delivered to the person sentenced, specifying a date, being in the case of sub-paragraph (ii) or (iii) a date not less than eighteen months after the date of the delivery of the notice, on or before which the person or his legal representativeshall commence any application to, or consultation with, any entity outside of jamaica (other than her majesty in council) in relation to the offence for which the person has been sentenced to death; shall conclude any application to, or consultation with, any entity outside of jamaica (other than her majesty in council) in relation to the offence for which the person has been sentenced to death; and may submit to the governor-general, for consultation by the privy council, representations relating to the case in accordance with such procedure as shall be set out in the notice, so that the privy council may make a recommendation to the governor-general in accordance with the provisions of section 90 of this constitution. representations submitted under subsection (l)(b) may include any report issued by the date specified under subparagraph (ii) of subsection (l)(b), by an entity referred to in that sub-paragraph. nothing in this section or section 13 shall be construed as requiringthe governor-general or the privy council, in the exercise of the powers conferred on them by section 90 or this section, to consider the report of any entity referred to in subsection (l)(b)(i) in any case where the report has not been issued by the entity, and submitted by the person sentenced, on or before the date specified under subsection (1 )(b)(ii); or the governor-general, in giving notice under subsection (l)(b), to take into account any period of time within which any such entity is likely to produce its report. the powers conferred on the governor-general by this section shall be exercised by him on the recommendation of the privy council or, in any case in which in his judgment the matter is too urgent to admit of such recommendation being obtained by the time within which it may be necessary for him to act, in his discretion. in relation to a person to whom a notice is delivered in accordance with subsection (l)(b), the governor-general may exercise, after the date specified under subsection (l)(b)(ii), the powers conferred on him by section 90. for the purposes of this section, in determining its recommendations to the governor-general under section 90 the privy council shall considerthe written report and other information referred to in subsection (l)(a); and all representations submitted in accordance with a notice delivered under subsection (l)(b) in relation to the case. where the provisions of this section have been complied with, no act done by thegovernor-general in exercise of the powers conferred on him by section 90; or the privy council in exercise of the powers conferred on it by section 90 or this section, shall be held to be inconsistent with or in contravention of the provisions of chapter iii. 92. secretary to the cabinet there shall be a secretary to the cabinet who shall be appointed by the governor-general, acting on the recommendation of the prime minister, from a list of public officers submitted by the public service commission. the secretary to the cabinet shall have charge of the cabinet office and shall be responsible, in accordance with such instructions as may be given to him by the prime minister, for arranging the business for, and keeping the minutes of, the meetings of the cabinet and for conveying the decisions of the cabinet to the appropriate person or authority, and shall have such other functions as the prime minister may from time to time direct. 93. permanent secretaries where any minister has been charged with the responsibility for a subject or department of government, he shall exercise general direction and control over the work relating to that subject and over that department; and, subject as aforesaid and to such direction and control, the aforesaid work and the department shall be under the supervision of a permanent secretary appointed in accordance with the provisions of section 126 of this constitution a person may be a permanent secretary in respect of more than one department of government. the office of financial secretary is hereby constituted and, for the purposes of this section, he shall be deemed to be a permanent secretary. 94. establishment of office and functions of director of public prosecutions there shall be a director of public prosecutions, whose office shall be a public office. a person shall not be qualified to hold or act in the office of director of public prosecutions unless he is qualified for appointment as a judge of the supreme court. the director of public prosecutions shall have power in any case in which he considers it desirable so to do— to institute and undertake criminal proceedings against any person before any court other than a court-martial in respect of any offence against the law of jamaica; to take over and continue any such criminal proceedings that may have been instituted by any other person or authority, and to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority. the powers of the director of public prosecutions under subsection (3) of this section may be exercised by him in person or through other persons acting under and in accordance with his general or special instructions. the powers conferred upon the director of public prosecutions by paragraphs (b) and (c) of subsection (3) of this section shall be vested in him to the exclusion of any other person or authority: provided that where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the court. in the exercise of the powers conferred upon him by this section the director of public prosecutions shall not be subject to the direction or control of any other person or authority. for the purposes of this section, any appeal from any determination in any criminal proceedings before any court, or any case stated or question of law reserved for the purposes of any such proceedings, to any other court in jamaica or to the judicial committee of her majesty’s privy council shall be deemed to be part of those proceedings. 95. remuneration of director of public prosecutions the director of public prosecutions shall receive such emoluments and be subject to such other terms and conditions of service as may from time to time be prescribed by or under any law: provided that the emoluments and terms and conditions of service of the director of public prosecutions, other than allowances that are not taken into account in computing pensions, shall not be altered to his disadvantage during his continuance in office. the salary for the time being payable to the director of public prosecutions under this constitution shall be charged on and paid out of the consolidated fund. 96. tenure of office of director of public prosecutions and acting director of public prosecutions subject to the provisions of subsections (4) to (7) (inclusive) of this section the director of public prosecutions shall hold office until he attains the age of sixty years: provided that— he may at any time resign his office; and the governor-general, acting on the recommendation of the prime minister after consultation with the leader of the opposition, may permit a director of public prosecutions who has attained the age of sixty years to continue in office until he has attained such later age, not exceeding sixty-five years, as may (before the director of public prosecutions has attained the age of sixty years) have been agreed between them. nothing done by the director of public prosecutions shall be invalid by reason only that he has attained the age at which he is required by this section to vacate his office. if the office of director of public prosecutions is vacant or the holder of that office is for any reason unable to perform the functions thereof, a person qualified for appointment to that office may be appointed to act therein, and any person so appointed shall, subject to the provisions of subsection (1) of this section, continue to act until the office of director of public prosecutions is filled or, as the case may be, until the director of public prosecutions has resumed the functions of his office or the appointment of that person is revoked by the governor-general acting on the advice of the public service commission. the director of public prosecutions may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. the director of public prosecutions shall be removed from office by the governor-general if the question of his removal from office has been referred to a tribunal appointed under subsection (6) of this section and the tribunal has recommended to the governor-general that he ought to be removed from office for inability as aforesaid or for misbehaviour. if the prime minister represents to the governor-general that the question of removing the director of public prosecutions from office for inability as aforesaid or for misbehaviour ought to be investigated then— the governor-general, acting in accordance with the advice of the prime minister, shall appoint a tribunal, which shall consist of a chairman and not less than two other members, from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from any such court; and that tribunal shall enquire into the matter and report on the facts thereof to the governor-general and recommend to the governor-general whether the director of public prosecutions ought to be removed from office for inability as aforesaid or for misbehaviour. the provisions of the commissions of enquiry law as in force immediately before the appointed day shall, subject to the provisions of this section and of the third schedule to this constitution, apply as nearly as may be in relation to tribunals appointed under subsection (6) of this section or, as the context may require, to the members thereof as they apply in relation to commissions or commissioners appointed under that law, and for that purpose shall have effect as if they formed part of this constitution. if the question of removing the director of public prosecutions from office has been referred to a tribunal under subsection (6) of this section, the governor-general, acting in accordance with the advice of the prime minister, may suspend the director of public prosecutions from performing the functions of his office, and any such suspension may at any time be revoked by the governor-general, acting in accordance with the advice of the prime minister, and shall in any case cease to have effect if the tribunal recommends to the governor-general that the director of public prosecutions should not be removed from office. chapter vii.  the judicature part 1. the supreme court 97. establishment of supreme court there shall be a supreme court for jamaica which shall have such jurisdiction and powers as may be conferred upon it by this constitution or any other law. the judges of the supreme court shall be the chief justice, a senior puisne judge and such number of other puisne judges as may be prescribed by parliament. no office of judge of the supreme court shall be abolished while there is a substantive holder thereof. the supreme court shall be a superior court of record and, save as otherwise provided by parliament, shall have all the powers of such a court. 98. appointment of judges of supreme court the chief justice shall be appointed by the governor-general by instrument under the broad seal on the recommendation of the prime minister after consultation with the leader of the opposition. the puisne judges shall be appointed by the governor-general by instrument under the broad seal acting on the advice of the judicial service commission. the qualifications for appointment as a judge of the supreme court shall be such as may be prescribed by any law for the time being in force: provided that a person who has been appointed as a judge of the supreme court may continue in office notwithstanding any subsequent variations in the qualifications so prescribed. 99. acting judges if the office of chief justice is vacant or if the chief justice is for any reason unable to perform the functions of his office, then, until a person has been appointed to that office and assumed its functions or, as the case may be, until the chief justice has resumed those functions, they shall be performed by such other person, qualified under subsection (3) of section 98 of this constitution for appointment as a judge, as the governor-general, acting in accordance with the advice of the prime minister may appoint for that purpose by instrument under the broad seal. if the office of a puisne judge of the supreme court is vacant, or if any such judge is appointed to act as chief justice or as a judge of the court of appeal, or is for any reason unable to perform the functions of his office, the governor-general, acting on the advice of the judicial service commission, may by instrument under the broad seal appoint a person qualified under subsection (3) of section 98 of this constitution for appointment as a judge to act as a judge of the supreme court, and any person so appointed shall, subject to the provisions of subsection (3) of section 100 of this constitution, continue to act for the period of his appointment or, if no such period is specified, until his appointment is revoked by the governor-general acting on the advice of the judicial service commission: provided that he may, at any time, resign his acting office. any person appointed to act as a judge under the provisions of this section may, notwithstanding that the period of his appointment has expired or his appointment has been revoked, sit as a judge for the purpose of delivering judgment or doing any other thing in relation to proceedings which were commenced before him while he was so acting. 100. tenure of office of judges of supreme court subject to the provisions of subsections (4) to (7) (inclusive) of this section, a judge of the supreme court shall hold office until he attains the age of seventy years: provided that he may at any time resign his office. notwithstanding that he has attained the age at which he is required by or under the provisions of this section to vacate his office a person holding the office of judge of the supreme court may, with the permission of the governor-general, acting in accordance with the advice of the prime minister, continue in office for such period after attaining that age as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age. nothing done by a judge of the supreme court shall be invalid by reason only that he has attained the age at which he is required by this section to vacate his office. a judge of the supreme court may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of subsection (5) of this section. a judge of the supreme court shall be removed from office by the governor-general by instrument under the broad seal if the question of the removal of that judge from office has, at the request of the governor-general, made in pursuance of subsection (6) of this section, been referred by her majesty to the judicial committee of her majesty’s privy council under section 4 of the judicial committee act, 1833, or any other enactment enabling her majesty in that behalf, and the judicial committee has advised her majesty that the judge ought to be removed from office for inability as aforesaid or for misbehaviour. if the prime minister (in the case of the chief justice) or the chief justice after consultation with the prime minister (in the case of any other judge) represents to the governor-general that the question of removing a judge of the supreme court from office for inability as aforesaid or for misbehaviour ought to be investigated, then— the governor-general shall appoint a tribunal, which shall consist of a chairman and not less than two other members, selected by the governor-general on the advice of the prime minister (in the case of the chief justice) or of the chief justice (in the case of any other judge) from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from any such court; that tribunal shall enquire into the matter and report on the facts thereof to the governor-general and recommend to the governor-general whether he should request that the question of the removal of that judge should be referred by her majesty to the judicial committee; and if the tribunal so recommends, the governor-general shall request that the question should be referred accordingly. the provisions of the commissions of enquiry law as in force immediately before the appointed day shall, subject to the provisions of this section and of the third schedule to this constitution, apply as nearly as may be in relation to tribunals appointed under subsection (6) of this section or, as the context may require, to the members thereof as they apply in relation to commissions or commissioners appointed under that law, and for that purpose shall have effect as if they formed part of this constitution. if the question of removing a judge of the supreme court from office has been referred to a tribunal appointed under subsection (6) of this section, the governor-general, acting in accordance with the advice of the prime minister (in the case of the chief justice) or of the chief justice after the chief justice has consulted with the prime minister (in the case of any other judge), may suspend the judge from performing the functions of his office. any such suspension may at any time be revoked by the governor-general, acting in accordance with the advice of the prime minister or the chief justice (as the case may be), and shall in any case cease to have effect— if the tribunal recommends to the governor-general that he should not request that the question of the removal of the judge from office should be referred by her majesty to the judicial committee; or  the judicial committee advises her majesty that the judge ought not to be removed from office. the provisions of this section shall be without prejudice to the provisions of subsection (2) of section 99 of this constitution. 101. remuneration of judges of supreme court the judges of the supreme court shall receive such emoluments and be subject to such other terms and conditions of service as may from time to time be prescribed by or under any law: provided that the emoluments and terms and conditions of service of such a judge, other than allowances that are not taken into account in computing pensions, shall not be altered to his disadvantage during his continuance in office. the salaries for the time being payable to the judges of the supreme court under this constitution shall be charged on and paid out of the consolidated fund. 102. oaths to be taken by judges of supreme court a judge of the supreme court shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and the judicial oath in the forms set out in the first schedule to this constitution. part 2. court of appeal 103. establishment of court of appeal there shall be a court of appeal for jamaica which shall have such jurisdiction and powers as may be conferred upon it by this constitution or any other law. the judges of the court of appeal shall be— a president; the chief justice by virtue of his office as head of the judiciary but who, however, shall not sit in the court of appeal unless there are at least four other judges sitting and unless he has been invited so to sit by the president of the court; three other judges; and such number, if any, of other judges as may be prescribed by parliament. the president of the court of appeal shall be responsible for the arrangement of the work of the court and shall preside whenever he is sitting in that court. no office of judge of the court of appeal shall be abolished while there is a substantive holder thereof. the court of appeal shall be a superior court of record and, save as otherwise provided by parliament, shall have all the powers of such a court. 104 the president of the court of appeal shall be appointed by the governor-general by instrument under the broad seal on the recommendation of the prime minister after consultation with the leader of the opposition. the other judges of the court of appeal shall be appointed by the governor-general by instrument under the broad seal acting on the advice of the judicial service commission. the qualifications for appointment as a judge of the court of appeal shall be such as may be prescribed by any law for the time being in force: provided that a person who has been appointed as a judge of the court of appeal may continue in office notwithstanding any subsequent variations in the qualifications so prescribed. 105. acting judges of court of appeal if the office of president of the court of appeal is vacant or if the president of the court of appeal is for any reason unable to perform the functions of his office, then, until a person has been appointed to that office and assumed its functions or, as the case may be, until the president of the court of appeal has resumed those functions, they shall be performed by such other person, qualified under subsection (3) of section 104 of this constitution for appointment as a judge of the court of appeal, as the governor-general, acting in accordance with the advice of the prime minister, may appoint for that purpose by instrument under the broad seal. if the office of a judge of the court of appeal (other than the president) is vacant, or if any such judge is appointed to act as president of the court of appeal, or is for any reason unable to perform the functions of his office, the governor-general, acting on the advice of the judicial service commission, may by instrument under the broad seal appoint a person qualified under subsection (3) of section 104 of this constitution for appointment as a judge of the court of appeal to act as a judge of the court of appeal, and any person so appointed shall, subject to the provisions of subsection (3) of section 106 of this constitution, continue to act for the period of his appointment or, if no such period is specified, until his appointment is revoked by the governor-general acting on the advice of the judicial service commission. any person appointed to act as a judge of the court of appeal under the provisions of this section may, notwithstanding that the period of his appointment has expired or his appointment has been revoked, sit as a judge for the purpose of delivering judgment or doing any other thing in relation to proceedings which were commenced before him while he was so acting. 106. tenure of office of judges of court of appeal subject to the provisions of subsections (4) to (7) (inclusive) of this section, a judge of the court of appeal shall hold office until he attains the age of seventy years: provided that he may at any time resign his office. notwithstanding that he has attained the age at which he is required by or under the provisions of this section to vacate his office a person holding the office of judge of the court of appeal may, with the permission of the governor-general, acting in accordance with the advice of the prime minister, continue in office for such period after attaining that age as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age. nothing done by a judge of the court of appeal shall be invalid by reason only that he has attained the age at which he is required by this section to vacate his office. a judge of the court of appeal may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of subsection (5) of this section. a judge of the court of appeal shall be removed from office by the governor-general by instrument under the broad seal if the question of the removal of that judge from office has, at the request of the governor-general made in pursuance of subsection (6) of this section, been referred by her majesty to the judicial committee of her majesty’s privy council under section 4 of the judicial committee act, 1833, or any other enactment enabling her majesty in that behalf, and the judicial committee has advised her majesty that the judge ought to be removed from office for inability as aforesaid or for misbehaviour. if the prime minister (in the case of the president of the court of appeal) or the president of the court of appeal after consultation with the prime minister (in the case of any other judge) represents to the governor-general that the question of removing a judge of the court of appeal from office for inability as aforesaid or for misbehaviour ought to be investigated, then— the governor-general shall appoint a tribunal, which shall consist of a chairman and not less than two other members, selected by the governor-general on the advice of the prime minister (in the case of the president of the court of appeal) or of the president of the court of appeal (in the case of any other judge) from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from any such court; that tribunal shall enquire into the matter and report on the facts thereof to the governor-general and recommend to the governor-general whether he should request that the question of the removal of that judge should be referred by her majesty to the judicial committee; and if the tribunal so recommends, the governor-general shall request that the question should be referred accordingly. the provisions of the commissions of enquiry law as in force immediately before the appointed day shall, subject to the provisions of this section and of the third schedule to this constitution, apply as nearly as may be in relation to tribunals appointed under subsection (6) of this section or, as the context may require, to the members thereof as they apply in relation to commissions or commissioners appointed under that law, and for that purpose shall have effect as if they formed part of this constitution. if the question of removing a judge of the court of appeal from office has been referred to a tribunal appointed under subsection (6) of this section, the governor-general acting in accordance with the advice of the prime minister (in the case of the president of the court of appeal) or of the president of the court of appeal after the president of the court of appeal has consulted with the prime minister (in the case of any other judge), may suspend the judge from performing the functions of his office. any such suspension may at any time be revoked by the governor-general, acting in accordance with the advice of the prime minister or the president of the court of appeal (as the case may be), and shall in any case cease to have effect if— the tribunal recommends to the governor-general that he should not request that the question of the removal of the judge from office should be referred by her majesty to the judicial committee; or the judicial committee advises her majesty that the judge ought not to be removed from office. the provisions of this section shall be without prejudice to the provisions of subsection (2) of section 105 of this constitution. the provisions of this section and of sections 107 and 108 of this constitution shall not apply to the chief justice. 107. remuneration of judges of court of appeal the judges of the court of appeal shall receive such emoluments and be subject to such other terms and conditions of service as may from time to time be prescribed by or under any law: provided that the emoluments and terms and conditions of service of such a judge, other than allowances that are not taken into account in computing pensions, shall not be altered to his disadvantage during his continuance in office. the salaries for the time being payable to the judges of the court of appeal under this constitution shall be charged on and paid out of the consolidated fund. 108. oaths to be taken by judges of court of appeal a judge of the court of appeal shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and the judicial oath in the forms set out in the first schedule to this constitution. 109. number of judges the court of appeal shall, when determining any matter other than an interlocutory matter, be composed of an uneven number of judges, not being less than three. part 3. appeals to her majesty in council 110. appeals from court of appeal to her majesty in council an appeal shall lie from decisions of the court of appeal to her majesty in council as of right in the following cases— where the matter in dispute on the appeal to her majesty in council is of the value of five hundred pounds or upwards or where the appeal involves directly or indirectly a claim to or question respecting property or a right of the value of five hundred pounds or upwards, final decisions in any civil proceedings; final decisions in proceedings for dissolution or nullity of marriage; final decisions in any civil, criminal or other proceedings on questions as to the interpretation of this constitution; and such other cases as may be prescribed by parliament. an appeal shall lie from decisions of the court of appeal to her majesty in council with the leave of the court of appeal in the following cases— where in the opinion of the court of appeal the question involved in the appeal is one that, by reason of its great general or public importance or otherwise, ought to be submitted to her majesty in council, decisions in any civil proceedings; and such other cases as may be prescribed by parliament. nothing in this section shall affect any right of her majesty to grant special leave to appeal from decisions of the court of appeal to her majesty in council in any civil or criminal matter. the provisions of this section shall be subject to the provisions of subsection (1) of section 44 of this constitution. a decision of the court of appeal such as is referred to in this section means a decision of that court on appeal from a court of jamaica. part 4. judicial service commission 111. composition of judicial service commission there shall be a judicial service commission for jamaica. the members of the judicial service commission shall be— the chief justice who shall be chairman; the president of the court of appeal; the chairman of the public service commission; and three other members (hereinafter called “the appointed members”) appointed in accordance with the provisions of subsection (3) of this section. the appointed members shall be appointed by the governor-general, by instrument under the broad seal, acting on the recommendation of the prime minister after consultation with the leader of the opposition— one from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from any such court; two from a list of six persons, none of whom is an attorney-at-law in active practice, submitted by the general legal council: [deleted by act 15 of 1971.] provided that no person shall be appointed under this subsection who holds or who is acting in any public office other than the office of member of the public service commission or member of the police service commission the office of an appointed member of the judicial service commission shall become vacant— at the expiration of three years from the date of his appointment or at such earlier time as may be specified in the instrument by which he was appointed; if he resigns his office; if he is appointed to the office of president of the court of appeal, chief justice, chairman of the public service commission or to any public office except the office of member of the public service commission or member of the police service commission; if the governor-general, acting on the recommendation of the prime minister after consultation with the leader of the opposition, directs that he shall be removed from office for inability to discharge the functions thereof (whether arising from infirmity of body or mind or any other cause) or for misbehaviour: provided that if the appointed member is a judge of the court of appeal or a judge of the supreme court, he shall not be so removed unless, in accordance with the provisions of section 106 or section 100 of this constitution (as the case may be), he is removed from his office as a judge. if the office of an appointed member is vacant or an appointed member is for any reason unable to perform the functions of his office, the governor-general, on the recommendation of the prime minister after consultation with the leader of the opposition, may, by instrument under the broad seal, appoint a person, having the same qualifications for appoint-appointed shall, subject to the provisions of subsection (4) of this section, continue to act until the office of the appointed member is filled or until his appointment is revoked by the governor-general, acting as aforesaid. an appointed member shall not, within a period of three years commencing with the date on which he last held or acted in the office of appointed member, be eligible for appointment to any office power to make appointments to which is vested by this constitution in the governor-general acting on the advice of the judicial service commission: provided that nothing in this subsection shall prevent his being appointed to the office of judge of the court of appeal or judge of the supreme court. an appointed member shall receive such salary and allowances as may from time to time be prescribed by or under any law or by a resolution of the house of representatives: provided that— no such resolution may reduce any salary or allowance for the time being prescribed by or under a law; and the salary of an appointed member shall not be reduced during his continuance in office. the salary for the time being payable to an appointed member under this constitution shall be charged on and paid out of the consolidated fund. nothing in subsection (7) of this section shall entitle the appointed member to any salary in respect of his office as such, if he is also a judge of the court of appeal or a judge of the supreme court. for the purposes of this section, “public office” does not include office as a member of any board, panel, committee or other similar body (whether incorporated or not) established by any law for the time being in force in jamaica. [deleted by act 15 of 1971.] 112. appointment, etc. of judicial officers power to make appointments to the offices to which this section applies and, subject to the provisions of subsections (3) and (4) of this section, to remove and to exercise disciplinary control over persons holding or acting in such offices is hereby vested in the governor-general acting on the advice of the judicial service commission. this section applies to the offices of resident magistrate, judge of the traffic court, registrar of the supreme court, registrar of the court of appeal and to such other offices connected with the courts of jamaica as, subject to the provisions of this constitution, may be prescribed by parliament. before the governor-general acts in accordance with the advice of the judicial service commission that any officer holding or acting in any office to which this section applies should be removed or that any penalty should be imposed on him by way of disciplinary control he shall inform the officer of that advice and, if the officer then applies for the case to be referred to the privy council, the governor-general shall not act in accordance with the advice but shall refer the case to the privy council accordingly: provided that the governor-general, acting on the advice of the commission, may nevertheless suspend that officer from the exercise of his office pending the determination of the reference to the privy council. where a reference is made to the privy council under the provisions of subsection (3) of this section, the privy council shall consider the case and shall advise the governor-general what action should be taken in respect of the officer, and the governor-general shall then act in accordance with such advice. 113. delegation of functions of judicial service commission the governor-general, acting on the advice of the judicial service commission, may by instrument under the broad seal direct that, subject to such conditions as may be specified in that instrument, power to make appointments to such offices, being offices to which section 112 of this constitution applies, as may be so specified shall (without prejudice to the exercise of such power by the governor-general acting on the advice of the judicial service commission) be exercisable by such one or more members of the commission or by such other authority or public officer as may be so specified, but in any case where the person to be appointed under this section holds or is acting in any office power to make appointments to which is vested by this constitution in the governor-general acting on the advice of the public service commission or the police service commission, the person or authority specified in the aforesaid instrument shall consult with the public service commission or the police service commission, as the case may be, before making such appointment. chapter viii.  finance 114. consolidated fund there shall be in and for jamaica a consolidated fund, into which, subject to the provisions of any law for the time being in force in jamaica, shall be paid all revenues of jamaica. 115. estimates the minister responsible for finance shall, before the end of each financial year, cause to be prepared annual estimates of revenue and expenditure for public services during the succeeding financial year, which shall be laid before the house of representatives. the estimates of expenditure shall show separately the sums required to meet statutory expenditure (as defined in subsection (4) of section 116 of this constitution) and the sums required to meet other expenditure proposed to be paid out of the consolidated fund. 116. authorisation of expenditure the minister responsible for finance shall, in respect of each financial year, at the earliest convenient moment, introduce in the house of representatives an appropriation bill containing, under appropriate heads for the several services required, the estimated aggregate sums which are proposed to be expended (otherwise than by way of statutory expenditure) during that financial year. whenever— any monies are expended or are likely to be expended in any financial year on any services which are in excess of the sum provided for that service by the appropriation law relating to that year; or any monies are expended or are likely to be expended (otherwise than by way of statutory expenditure) in any financial year upon any new service not provided for by the appropriation law relating to that year, statements of excess or, as the case may be, supplementary estimates shall be prepared by the minister responsible for finance and shall be laid before and voted on by the house of representatives; in respect of all supplementary expenditure so voted the minister responsible for finance may, at any time before the end of the financial year, introduce into the house of representatives a supplementary appropriation bill containing, under appropriate heads, the estimated aggregate sums so voted, and shall, as soon as possible after the end of each financial year, introduce into the house of representatives a final appropriation bill containing any such sums which have not yet been included in any appropriation bill. that part of any estimate of expenditure laid before the house of representatives which shows statutory expenditure shall not be voted on by the house of representatives, and such expenditure shall, without further authority of parliament, be paid out of the consolidated fund. for the purposes of this section and section 115 of this constitution, “statutory expenditure” means— expenditure charged on the consolidated fund or on the general revenues and assets of jamaica by virtue of any of the provisions of this constitution or by virtue of the provisions of any other law for the time being in force; and the interest on the public debt, sinking fund payments, redemption monies, and the costs, charges and expenses incidental to the management of the public debt. 117. meeting expenditure from consolidated fund no sum shall be paid out of the consolidated fund except upon the authority of a warrant under the hand of the minister responsible for finance. subject to the provisions of subsections (3) and (4) of this section and section 118 of this constitution, no such warrant shall be issued except in respect of sums granted for the specified public services by the appropriation law for the financial year in respect of which the withdrawal is to take place or for service otherwise lawfully charged on the consolidated fund. the house of representatives may, by resolution approving estimates containing a vote on account, authorise expenditure for part of any financial year before the passing of the appropriation law for that year, but the aggregate sums so voted shall be included, under the appropriate heads, in the appropriation bill for that year. where at any time parliament has been dissolved before any provision or any sufficient provision is made under this chapter of this constitution for the carrying on of the government of jamaica, the minister responsible for finance may issue a warrant for the payment out of the consolidated fund of such sums as he may consider necessary for the continuance of the public services until the expiry of a period of three months commencing with the date on which the house of representatives first meets after that dissolution, but a statement of the sums so authorised shall, as soon as practicable, be laid before and voted on by the house of representatives and the aggregate sums so voted shall be included, under the appropriate heads, in the next appropriation bill. 118. contingencies fund any law for the time being in force may create or authorise the creation of a contingencies fund and may authorise the minister responsible for finance to make advances from that fund if he is satisfied that there is an unforeseen need for expenditure for which no provision or no sufficient provision has been made by an appropriation law. where any advance is made by virtue of an authorisation conferred under subsection (1) of this section, a supplementary estimate of the sum required to replace the amount so advanced shall, as soon as practicable, be laid before and voted on by the house of representatives and the sum so voted shall be included in a supplementary appropriation bill or a final appropriation bill. 119. public debt the public debt of jamaica is hereby charged on the consolidated fund. in this section references to the public debt of jamaica include references to the interest on that debt, sinking fund payments and redemption monies in respect of that debt and the costs, charges and expenses incidental to the management of that debt. 120. auditor-general there shall be in and for jamaica an auditor-general who shall be appointed by the governor-general by instrument under the broad seal. if the office of auditor-general is vacant or the auditor-general is for any reason unable to perform the functions of his office, the governor-general may appoint a person to act as auditor-general and any person so appointed shall, subject to the provisions of subsection (1) of section 121 of this constitution, continue to act until the office of auditor-general is filled or until his appointment is revoked by the governor-general. a person who has held the office of auditor-general shall not be eligible for appointment to any other public office. the auditor-general shall receive such salary and allowances as may from time to time be prescribed by or under any law or by a resolution of the house of representatives: provided that— no such resolution may reduce any salary or allowance for the time being prescribed by or under a law; and the salary of the auditor-general shall not be reduced during his continuance in office. the salary for the time being payable to the auditor-general under this constitution shall be charged on and paid out of the consolidated fund. in the exercise of his powers under this section the governor-general shall act in accordance with the recommendation of the public service commission: provided that— before he acts in accordance therewith he shall inform the prime minister of the nature of that recommendation and shall, if the prime minister so requires, once refer that recommendation (hereafter in this subsection called the “original recommendation”) back to the public service commission for reconsideration; and if, upon such reconsideration, the public service commission submits a different recommendation, the provisions of this subsection and of subsection (2) of section 32 of this constitution shall apply to that different recommendation as they apply to the original recommendation. 121. tenure of office of auditor-general subject to the provisions of subsections (3) to (6) (inclusive) of this section, the auditor-general shall hold office until he attains the age of sixty years: provided that— he may at any time resign his office; and the governor-general, acting in the manner prescribed by subsection (6) of section 120 of this constitution, may permit an auditor-general who has attained the age of sixty years to remain in office until he has reached such later age, not exceeding sixty-five years, as may (before the auditor-general has reached the age of sixty years) have been agreed between the governor-general and the auditor-general. nothing done by the auditor-general shall be invalid by reason only that he has attained the age at which he is required by this section to vacate his office. the auditor-general may be removed from office only for inability to discharge the functions thereof (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of subsection (4) of this section. the auditor-general shall be removed from office by the governor-general by instrument under the broad seal if the question of his removal from office has been referred to a tribunal appointed under subsection (5) of this section and the tribunal has recommended to the governor-general that he ought to be removed from office for inability as aforesaid or for misbehaviour. if the prime minister or the chairman of the public service commission advises the governor-general that the question of removing the auditor-general from office for inability as aforesaid or for misbehaviour ought to be investigated, then— the governor-general shall appoint a tribunal, which shall consist of a chairman and not less than two other members, selected by the governor-general, acting on the advice of the chief justice, from among persons who hold or have held the office of a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from any such court; and that tribunal shall enquire into the matter and report on the facts thereof to the governor-general and recommend to the governor-general whether the auditor-general ought to be removed from office for inability as aforesaid or for misbehaviour. the provisions of the commissions of enquiry law as in force immediately before the appointed day shall, subject to the provisions of this section and of the third schedule to this constitution, apply as nearly as may be in relation to tribunals appointed under subsection (5) of this section or, as the context may require, to the members thereof as they apply in relation to commissions or commissioners appointed under that law, and for that purpose shall have effect as if they formed part of this constitution. if the question of removing the auditor-general from office has been referred to a tribunal under subsection (5) of this section, the governor-general acting in the manner prescribed by subsection (6) of section 120 of this constitution, may suspend the auditor-general from performing the functions of his office and any such suspension may at any time be revoked by the governor-general, acting as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the governor-general that the auditor-general should not be removed from office. 122. functions of auditor-general the accounts of the court of appeal, the accounts of the supreme court, the accounts of the offices of the clerks to the senate and the house of representatives and the accounts of all departments and offices of the government of jamaica (including the offices of the cabinet, the judicial service commission, the public service commission and the police service commission but excluding the department of the auditor-general) shall, at least once in every year, be audited and reported on by the auditor-general who, with his subordinate staff, shall at all times be entitled to have access to all books, records, returns and reports relating to such accounts. the auditor-general shall submit his reports made under subsection (1) of this section to the speaker (or, if the office of speaker is vacant or the speaker is for any reason unable to perform the functions of his office, to the deputy speaker) who shall cause them to be laid before the house of representatives. in the exercise of his functions under the provisions of subsections (1) and (2) of this section, the auditor-general shall not be subject to the direction or control of any other person or authority. the accounts of the department of the auditor-general shall be audited and reported on by the minister responsible for finance, and the provisions of subsections (1) and (2) of this section shall apply in relation to the exercise by that minister of those functions as they apply in relation to audits and reports made by the auditor-general. nothing in this section shall prevent the performance by the auditor-general of— such other functions in relation to the accounts of the government of jamaica and the accounts of other public authorities and other bodies administering public funds in jamaica as may be prescribed by or under any law for the time being in force in jamaica; or such other functions in relation to the supervision and control of expenditure from public funds in jamaica as may be so prescribed; or such other functions in relation to the accounts of any other government as he may be empowered to perform by any authority competent in that behalf. chapter ix.  the public service part 1. general 123. interpretation for the purposes of this chapter of this constitution, “public office” does not include office as a member of any board, panel, committee or other similar body (whether incorporated or not) established by any law for the time being in force in jamaica. 124. public service commission there shall be a public service commission for jamaica consisting of a chairman and such number of other members, being not less than three nor more than five, as the governor-general, acting on the recommendation of the prime minister after consultation with the leader of the opposition, may from time to time decide. the members of the public service commission shall be appointed by the governor-general, acting on the recommendation of the prime minister after consultation with the leader of the opposition, by instrument under the broad seal: provided that one such member shall be so appointed by the governor-general from a list of persons, not disqualified for appointment under this section, submitted by the jamaica civil service association (or any other body representing members of the public service which may from time to time, in the opinion of the governor-general acting on the recommendation of the prime minister after consultation with the leader of the opposition, have succeeded to the functions of that association). no person shall be qualified to be appointed as a member of the public service commission if he holds or is acting in any public office other than the office of member of the judicial service commission or member of the police service commission. a member of the public service commission shall not, within a period of three years commencing with the date on which he last held or acted in that office, be eligible for appointment to any office power to make appointments to which is vested by this constitution in the governor-general acting on the advice of the public service commission. the office of a member of the public service commission shall become vacant— at the expiration of five years from the date of his appointment or such earlier time as may be specified in the instrument by which he was appointed; if he resigns his office; if he is appointed to any public office other than the office of member of the judicial service commission or member of the police service commission; or if the governor-general, acting on the recommendation of the prime minister after consultation with the leader of the opposition, directs that he shall be removed from office for inability to discharge the functions thereof (whether arising from infirmity of body or mind or any other cause) or for misbehaviour. if the office of a member of the public service commission is vacant or a member is for any reason unable to perform the functions of his office, the governor-general, acting on the recommendation of the prime minister after consultation with the leader of the opposition, may appoint a person who is qualified for appointment as a member of the commission to act as a member of the commission, and any person so appointed shall, subject to the provisions of subsection (5) of this section, continue to act until the office of the member of the commission is filled or until his appointment is revoked by the governor-general acting on the recommendation of the prime minister after consultation with the leader of the opposition. the members of the public service commission shall receive such salaries and allowances as may from time to time be prescribed by or under any law or by a resolution of the house of representatives: provided that— no such resolution may reduce any salary or allowance for the time being prescribed by or under a law; and the salary of a member of the public service commission shall not be reduced during his continuance in office. the salaries for the time being payable to members of the public service commission under this constitution shall be charged on and paid out of the consolidated fund. 125. appointment, etc. of public officers subject to the provisions of this constitution, power to make appointments to public offices and to remove and to exercise disciplinary control over persons holding or acting in any such offices is hereby vested in the governor-general acting on the advice of the public service commission. before the public service commission advises the appointment to any public office of any person holding or acting in any office power to make appointments to which is vested by this constitution in the governor-general acting on the advice of the judicial service commission or the police service commission, it shall consult with the judicial service commission or the police service commission, as the case may be. before the governor-general acts in accordance with the advice of the public service commission that any public officer should be removed or that any penalty should be imposed on him by way of disciplinary control, he shall inform the officer of that advice and if the officer then applies for the case to be referred to the privy council, the governor-general shall not act in accordance with the advice but shall refer the case to the privy council accordingly: provided that the governor-general, acting on the advice of the commission, may nevertheless suspend that officer from the exercise of his office pending the determination of the reference to the privy council. where a reference is made to the privy council under the provisions of subsection (3) of this section, the privy council shall consider the case and shall advise the governor-general what action should be taken in respect of the officer, and the governor-general shall then act in accordance with such advice. except for the purpose of making appointments thereto or to act therein or of revoking an appointment to act therein, the provisions of this section shall not apply in relation to the office of the director of public prosecutions. 126. permanent secretaries subject to the provisions of subsection (2) of this section, power to make appointments to the office of permanent secretary (other than appointments on transfer from another such office carrying the same salary) is hereby vested in the governor-general acting on the recommendation of the public service commission. before the governor-general acts in accordance with a recommendation of the public service commission made under subsection (1) of this section, he shall consult the prime minister who may once require that recommendation (hereafter in this subsection called the “original recommendation”) to be referred back to the public service commission for reconsideration; and if, upon such reconsideration, the public service commission submits a different recommendation, the provisions of this subsection and of subsection (2) of section 32 of this constitution shall apply thereto as they apply to an original recommendation. power to make appointments to any office of permanent secretary on transfer from another such office carrying the same salary is hereby vested in the governor-general acting on the recommendation of the prime minister. for the purposes of this section the office of financial secretary shall be deemed to be the office of a permanent secretary. 127. delegation of functions of public service commission the governor-general, acting on the advice of the public service commission, may by instrument under the broad seal direct that, subject to such conditions as may be specified in that instrument, power to make appointments to such offices, being offices to which this section applies, as may be so specified and power to remove and power to exercise disciplinary control over persons holding or acting in those offices, or any of those powers, shall (without prejudice to the exercise of such power by the governor-general acting on the advice of the public service commission) be exercisable by such one or more members of the public service commission or by such other authority or public officer as may be so specified. in relation to any power made exercisable under subsection (1) of this section by some person or authority other than the governor-general acting on the advice of the public service commission, the offices to which this section applies are all offices in respect of which that power is, apart from this section, vested by this constitution in the governor-general acting on such advice. in any case where an appointment is to be made by virtue of an instrument made under this section and the person to be appointed holds or is acting in any office power to make appointments to which is vested by this constitution in the governor-general acting on the advice of the judicial service commission or the police service commission, the person or authority specified in the said instrument shall consult with the judicial service commission or the police service commission, as the case may be, before making the appointment. where, by virtue of an instrument made under this section, the power to remove or to exercise disciplinary control over any officer has been exercised by a person or authority other than the governor-general acting on the advice of the public service commission, the officer in respect of whom it was so exercised may apply for the case to be referred to the privy council, and thereupon the action of the aforesaid person or authority shall cease to have effect and the case shall be referred to the privy council accordingly and the governor-general shall then take such action in respect of that officer as the privy council may advise: provided that— where the action of the aforesaid person or authority included the removal of that officer or his suspension from the exercise of his office, that person or authority may nevertheless suspend him from the exercise of his office pending the determination of the reference to the privy council; and before advising the governor-general under this subsection, the privy council shall consult with the public service commission. 128. appointment, etc. of principal representatives of jamaica abroad power to appoint persons to hold or act in the offices to which this section applies (including power to make appointments on promotion and transfer and to confirm appointments) and to remove persons so appointed from any such office shall vest in the governor-general, acting in accordance with the advice of the prime minister. before tendering any advice for the purposes of this section in relation to any person who holds or acts in any public office other than an office to which this section applies, the prime minister shall consult the public service commission. the offices to which this section applies are the offices of any ambassador, high commissioner or other principal representative of jamaica in countries other than jamaica. part 2. police 129. police service commission there shall be a police service commission for jamaica consisting of a chairman and such number of other members, being not less than two nor more than four, as the governor-general, acting on the recommendation of the prime minister after consultation with the leader of the opposition, may from time to time decide. the members of the police service commission shall be appointed by the governor-general on the recommendation of the prime minister after consultation with the leader of the opposition, by instrument under the broad seal. no person shall be qualified to be appointed as a member of the police service commission if he holds or is acting in any public office other than the office of member of the judicial service commission or member of the public service commission. a member of the police service commission shall not, within a period of three years commencing with the date on which he last held or acted in that office, be eligible for appointment to any office power to make appointments to which is vested by this constitution in the governor-general acting on the advice of the police service commission. the office of a member of the police service commission shall become vacant— at the expiration of five years from the date of his appointment or such earlier time as may be specified in the instrument by which he was appointed; if he resigns his office; if he is appointed to any public office other than the office of member of the judicial service commission or member of the public service commission; if the governor-general, acting on the recommendation of the prime minister after consultation with the leader of the opposition, directs that he shall be removed from office for inability to discharge the functions thereof (whether arising from infirmity of body or mind or any other cause) or for misbehaviour. if the office of a member of the police service commission is vacant or a member is for any reason unable to perform the functions thereof, the governor-general, acting on the recommendation of the prime minister after consultation with the leader of the opposition, may appoint a person who is qualified for appointment as a member of the commission to act as a member of the commission, and any person so appointed shall, subject to the provisions of subsection (5) of this section, continue to act until the office of the member of the commission is filled or until his appointment is revoked by the governor-general, acting on the recommendation of the prime minister after consultation with the leader of the opposition. the members of the police service commission shall receive such salaries and allowances as may from time to time be prescribed by or under any law or by a resolution of the house of representatives: provided that— no such resolution may reduce any salary or allowance for the time being prescribed by or under a law; and the salary of a member of the police service commission shall not be reduced during his continuance in office. the salaries for the time being payable to members of the police service commission under this constitution shall be charged on and paid out of the consolidated fund. 130. appointment, etc. of police officers section 125 of this constitution (with the substitution therein of the words “the police service commission” for the words “the public service commission” wherever the same occur and of the words “the public service commission” for the words “the police service commission” in subsection (2) thereof) shall apply in relation to police officers as it applies in relation to other public officers. 131. delegation of functions of police service commission the governor-general, acting on the advice of the police service commission, may by instrument under the broad seal direct that, subject to such conditions as may be specified in that instrument, power to make appointments to such offices, being offices to which this section applies, as may be so specified and power to remove and power to exercise disciplinary control over persons holding or acting in those offices, or any of those powers shall (without prejudice to the exercise of such power by the governor-general acting on the advice of the police service commission) be exercisable by such one or more members of the police service commission or by such other authority or public officer as may be so specified. the offices to which this section applies are the offices of all police officers not above the rank of inspector. in any case where an appointment is to be made by virtue of an instrument made under this section and the person to be appointed holds or is acting in any office power to make appointments to which is vested by this constitution in the governor-general acting on the advice of the judicial service commission or the public service commission, the person or authority specified in the said instrument shall consult with the judicial service commission or the public service commission, as the case may be, before making the appointment. where, by virtue of an instrument made under this section, the power to remove or to exercise disciplinary control over any officer has been exercised by a person or authority other than the governor-general acting on the advice of the police service commission, the officer in respect of whom it was so exercised may apply for the case to be referred to the privy council, and thereupon the action of the aforesaid person or authority shall cease to have effect and the case shall be referred to the privy council accordingly; and the governor-general shall then take such action in respect of that officer as the privy council may advise: provided that— where the action of the aforesaid person or authority includes the removal of that officer or his suspension from the exercise of his office, that person or authority may nevertheless suspend him from the exercise of his office pending the determination of the reference to the privy council; and before advising the governor-general under this subsection, the privy council shall consult with the police service commission. part 3. pensions 132. applicability of pension law subject to the provisions of section 134 of this constitution, the law applicable to the grant and payment to any officer, or to his widow, children, dependants or personal representatives, of any pension, compensations, gratuity or other like allowance (in this section and in sections 133 and 134 of this constitution referred to as an “award”) in respect of the service of that officer in a public office shall be that in force on the relevant day or any later law not less favourable to the person concerned. for the purposes of this section the relevant day is— in relation to an award granted before the appointed day, the day on which the award was granted; in relation to an award granted or to be granted on or after the appointed day to or in respect of a person who was a public officer before that day, the day immediately before that day; in relation to an award granted or to be granted to or in respect of a person who first becomes a public officer on or after the appointed day, the day on which he becomes a public officer. for the purposes of this section, in so far as the law applicable to an award depends on the option of the person to or in respect of whom it is granted or to be granted, the law for which he opts shall be taken to be more favourable to him than any other law for which he might have opted. for the purposes of this section and of sections 133 and 134 of this constitution, service as a judge of the court of appeal or as a judge of the supreme court shall be deemed to be public service. 133. pensions, etc. to be charged on consolidated fund awards granted under any law for the time being in force in jamaica in respect of the public service shall be charged on and paid out of the consolidated fund. 134. grant and withholding of pensions, etc the power to grant any award under any pensions law for the time being in force in jamaica (other than an award to which, under that law, the person to whom it is payable is entitled as of right) and, in accordance with any provisions in that behalf contained in any such law, to withhold, reduce in amount or suspend any award payable under any such law is hereby vested in the governor-general. the power vested in the governor-general by subsection (1) of this section shall be exercised by him— in the case of an award payable to a person who, having been a public officer, was immediately before the date on which he ceased to hold public office, serving— as a judge of the court of appeal; as a judge of the supreme court; in any office to which section 112 of this constitution applies at the date of the exercise of the power, on the recommendation of the judicial service commission; in the case of an award payable to a person who, having been a public officer, was, immediately before the date aforesaid, serving as a police officer, on the recommendation of the police service commission; and in the case of an award payable to any other person, on the recommendation of the public service commission. in this section, “pensions law” means any law relating to the grant to any person, or to the widow, children, dependants or personal representatives of that person, of an award in respect of the services of that person in a public office, and includes any instrument made under any such law. chapter x.  miscellaneous 135. powers and procedure of commissions in relation to any commission established by this constitution, the governor-general, acting in accordance with the advice of the commission, may by regulation or otherwise regulate its procedure and, subject to the consent of the prime minister or such other minister as may be authorised in that behalf by the prime minister, confer powers and impose duties on any public officer or any authority of the government of jamaica for the purpose of the discharge of the functions of the commission. at any meeting of any commission established by this constitution a quorum shall be constituted if three members are present. if a quorum is present the commission shall not be disqualified for the transaction of business by reason of any vacancy among its members and any proceedings of the commission shall be valid notwithstanding that some person who was not entitled so to do took part therein. any question proposed for decision at any meeting of any commission established by this constitution shall be determined by a majority of the votes of the members thereof present and voting, and if on any such question the votes are equally divided the member presiding shall have and exercise a casting vote. 136. protection of commissions, etc. from legal proceedings the question whether— any commission established by this constitution has validly performed any function vested in it by or under this constitution; any member of such a commission or any other person or authority has validly performed any function delegated to such member, person or authority in pursuance of the provisions of section 113 or, as the case may be, of section 127 or of section 131 of this constitution; or any member of such a commission or any other person or authority has validly performed any other function in relation to the work of the commission or in relation to any such function as is referred to in paragraph (b) of this section, shall not be enquired into in any court. 137. resignations any person who is appointed, elected or otherwise selected to any office established by this constitution (including the office of prime minister or other minister or parliamentary secretary) may resign from that office by writing under his hand addressed to the person or authority by whom he was appointed, elected or selected: provided that in the case of— a person who holds office as president or deputy president of the senate his resignation from that office shall be addressed to the senate; a person who holds office as speaker or deputy speaker his resignation from that office shall be addressed to the house of representatives; a member of the house of representatives his resignation from the house shall be addressed to the speaker. the resignation of any person from any such office as aforesaid shall take effect when the writing signifying the resignation is received by the person or authority to whom it is addressed or any person authorised by that person or authority to whom it is addressed or by this constitution to receive it. a resignation that is required to be addressed to the president or speaker shall, if the office of president or speaker (as the case may be) is vacant, or the president or speaker is absent from jamaica, be received by the deputy president or deputy speaker on behalf of the president or speaker. 138. re-appointments, etc where any person has vacated any office established by this constitution (including the office of prime minister or other minister or parliamentary secretary) he may, if qualified, again be appointed, elected or otherwise selected to hold that office in accordance with the provisions of this constitution. without prejudice to the provisions of subsection (3) of this section, when the holder of any office constituted by or under this constitution is on leave of absence pending relinquishment of that office, the person or authority having power to make appointments to that office may appoint another person thereto. where two or more persons are holding the same office by reason of an appointment made pursuant to subsection (2) of this section, the person last appointed shall, in respect of any function conferred on the holder of that office, be deemed to be the sole holder of that office. first schedule. oaths (sections 28, 29(2), 42(2), 43(2), 62, 74, 78(4), 102 and 108) oath of allegiance. i,                     , do swear that i will be faithful and bear true allegiance to jamaica, that i will uphold and defend the constitution and the laws of jamaica and that i will conscientiously and impartially discharge my responsibilities to the people of jamaica. so help me god. oath for the due execution of the office of prime minister or other minister or parliamentary secretary. i,                     , being appointed prime minister/minister/parliamentary secretary, do swear that i will to the best of my judgment, at all times when so required, freely give my counsel and advice to the governor-general (or any other person for the time being lawfully performing the functions of that office) for the good management of the public affairs of jamaica, and i do further swear that i will not on any account, at any time whatsoever, disclose the counsel, advice, opinion or vote of any particular minister or parliamentary secretary and that i will not, except with the authority of the cabinet and to such extent as may be required for the good management of the affairs of jamaica, directly or indirectly reveal the business or proceedings of the cabinet or the nature or contents of any documents communicated to me as a minister/parliamentary secretary or any matter coming to my knowledge in my capacity as such and that in all things i will be a true and faithful prime minister/minister/parliamentary secretary. so help me god. judicial oath. i,                     , do swear that i will be faithful and bear true allegiance to jamaica, that i will uphold and defend the constitution of jamaica and that i will administer justice to all persons alike in accordance with the laws and usages or jamaica without fear or favour, affection or ill will. so help me god. second schedule. number and boundaries of constituencies. (section 67) the number of constituencies shall be such as will most conveniently permit the application of paragraphs 2 to 5 (inclusive) of this schedule. 2 the boundary of a constituency shall not cross the boundary of a parish as delimited by the counties and parishes law or by any law amending or replacing that law. there shall be at least two constituencies in each such parish. subject to the provisions of paragraphs 2 and 4 of this schedule, the boundaries of each constituency shall be such that the number of the electorate thereof is as nearly equal to the electorate quota as is reasonably practicable. the electorate of a constituency may be greater or less than the electorate quota in order to take account of— the varying physical features and transportation facilities within jamaica; and the difference between urban and rural areas in respect of density of population: provided that, subject to the provisions of paragraph 2 of this schedule, the electorate of a constituency shall not— exceed the electorate quota by more than fifty per centum; or be less than sixty-six and two-thirds per centum of the electorate quota. for the purposes of this schedule— the electorate of a constituency means the number of persons whose names appear on the official lists of electors for the area comprised in that constituency in force on the enumeration date under the law for the time being regulating the conduct of elections; the “enumeration date” means, in relation to any report of the standing committee, the date on which the notice with respect to that report is published in accordance with subsection (7) of section 67 of this constitution; and the “electorate quota” means the number obtained by dividing the total of the electorate of all the constituencies by the number of constituencies into which the standing committee recommends jamaica should be divided. third schedule. provisions relating to applicability of the commissions of enquiry law to tribunals appointed under this constitution (sections 96(7), 100(7), 106(7) and 121(6)) the following provisions of the law shall not apply, that is say:— section 2—whole section; section 3—so much of the section as follows the words “in his place”; section 5—whole section; section 7—the words “after taking such oath or affirmation”; section 15—whole section. in section 13 there shall be substituted for the words “such sums, so directed to be paid, shall be paid by the accountant-general out of the ordinary cash balance in the treasury”, the words “such sums so directed to be paid, shall be charged on and paid out of the consolidated fund”. all powers and duties conferred or imposed on the governor-general under the law shall be exercised or performed by him acting in each case in the manner prescribed by this constitution. preamble we, the people of côte d'ivoire; conscious of our independence and of our national identity, assume our historical responsibility before the nation and humanity; bearing in mind that the côte d'ivoire is, and remains, a land of hospitality; taught by lessons from our political and constitutional history, desirous of building a nation that is brotherly, united, in solidarity, peaceful and prosperous, and with a concern for preserving political stability; taking into account our ethnic, cultural and religious diversity, and determined to build a multi-ethnic and multi-racial nation on the principles of national sovereignty; convinced that union with respect for this diversity ensures, through work and discipline, the economic progress and social well-being of everyone; persuaded that political, ethnic, religious tolerance as well as forgiveness and cross-cultural dialogue constitute fundamental elements of pluralism contributing to the strengthening of our unity, to the reinforcement of the process of national reconciliation and to social cohesion; affirm our commitment to respect for cultural, spiritual and moral values; reminding everyone, and in all circumstances, of our irreversible commitment to defending and preserving the republican form of government as well as the secular character of the state; reaffirm our determination to build a rule of law in which human rights, public freedoms, human dignity, justice and good governance as defined in the international legal instruments to which the côte d'ivoire is a party, in particular the united nations charter of 1945, the universal declaration of human rights of 1948, the african charter on human and peoples' rights of 1981 and its supplementary protocols, the constitutive act of the african union of 2001, are promoted, protected and guaranteed; deeply attached to constitutional legality and to democratic institutions; considering that democratic election is the means by which the people freely choose those who govern their country; proclaim our attachment to the principles of multi-party democracy based on the holding of free and transparent elections, of the separation and balance of power; disapprove of any undemocratic means of attaining or maintaining power; condemn any unconstitutional change of government and declare that perpetrators of this crime be subject to the full force of the law; express our commitment to: preserving the integrity of the national territory; safeguarding our sovereignty over national resources and ensuring an equitable management thereof for the well-being of everyone; promoting equality between men and women; promoting transparency in the conduct of public affairs; defending and preserving our cultural heritage; contributing to climate protection and to maintaining a healthy environment for future generations; we pledge to promote regional and subregional integration, with a view to achieving african unity; approve and adopt freely and solemnly before the nation and humanity this constitution as the basic law of the state, whose preamble is an integral part. title i. rights, freedoms and duties article 1 the state of côte d'ivoire recognizes the rights, freedoms and duties set forth in this constitution. it is committed to taking all necessary measures for ensuring the effective implementation thereof. chapter one. rights and freedoms article 2 the human person is sacred. the rights of the human person is inviolable. everyone has the right to respect for human dignity and to recognition as a person before the law. article 3 the right to life is inviolable. no one has the right to take the life of another person. the death penalty is abolished. article 4 all ivoirians are born and remain free and equal in rights. no one may be privileged or discriminated against by reason of their race, their ethnicity, their clan, their tribe, their skin color, their sex, their region, their social origin, their religion or belief, their opinion, their fortune, their difference in culture or language, their social status or their physical or mental state. article 5 slavery, human trafficking, forced labor, physical or moral torture, inhumane, cruel, degrading and humiliating treatment, physical violence, female genital mutilation as well as all other forms of degradation of a human being are prohibited. any medical or scientific experimentation on a person without their informed consent as well as organ trafficking for commercial or ulterior motives are also prohibited. however, everyone has the right to donate their organs, under the conditions prescribed by law. article 6 the right of everyone to free and equal access to justice is protected and guaranteed. everyone has the right to a fair trial and to judgment rendered within a reasonable period as determined by law. the state promotes the development of local justice. article 7 no one may be prosecuted, arrested, detained or charged, except by virtue of a law promulgated prior to the facts alleged against them. no one may be arbitrarily arrested, prosecuted or detained. any person arrested or detained has the right to humane treatment that protects their dignity. they must be informed immediately of the reasons for their arrest or detention and of their rights, in the language understandable to them. every defendant is presumed innocent until proven guilty following a fair trial providing all the guarantees necessary for their defense. article 8 the home is inviolable. exceptions or restrictions may only be prescribed by law. article 9 everyone is entitled to education and professional training. everyone is also entitled to access to healthcare services. article 10 school attendance is compulsory for children of both sexes, under the conditions determined by law. the state and public communities ensure the education of children. they create conditions conducive to this education. the state ensures the promotion and development of general public education, technical education and professional training as well as the expansion of all sectors, according to international standards of quality and in relation to the needs of the labor market. institutions, the secular private sector and religious communities may also contribute to the education of children, under the conditions determined by law. article 11 the right of ownership is guaranteed to everyone. no one should be deprived of their property if it is not for the purposes of public utility and under the condition of a reasonable and prior compensation. article 12 only the state, public communities and ivoirian natural persons have the right to own rural land. acquired rights are guaranteed. the composition of rural land areas as well as the rules of ownership, surrender and transfer of holdings thereof are determined by the law. article 13 the right of every citizen to free enterprise is guaranteed within the limits prescribed by law. the state ensures the security of savings, capital and investment. article 14 everyone has the right to choose their profession or employment freely. everyone has equal access to public or private employment, according to qualities and skills. it is prohibited to discriminate in respect of access to employment or in the exercise thereof, on the basis of sex, ethnicity or political, religious or philosophical opinions. article 15 every citizen has the right to decent working conditions and fair pay. no one may be deprived of their wages, by reason of taxation, beyond a quota whose level is determined by law. article 16 child labor is prohibited and punishable by law. it is prohibited to employ a child in an activity that puts them in danger or affects their health, their growth, as well as their physical and mental balance. article 17 the right to belong to a trade union and the right to strike is accorded to workers in the private sector and to officials of the public administration. these rights are exercised within the limits determined by law. article 18 citizens have the right to information and access to public documents, under the conditions prescribed by law. article 19 freedom of thought and freedom of expression, particularly, freedom of conscience, of philosophical and religious conviction or of worship are guaranteed to everyone. everyone has the right to express and disseminate their ideas freely. these freedoms are exercised subject to respect for the law, for the rights of others, for national security and for public order. any propaganda whose objective or outcome is to elevate one social group above another, or to encourage racial, tribal or religious, hatred is prohibited. article 20 freedoms of association, assembly and peaceful demonstration are guaranteed by law. article 21 every ivoirian citizen has the right to move and settle freely in any part of the national territory. every ivoirian citizen has the right to leave their country and return to it freely. the exercise of this right may only be restricted by law. article 22 no ivoirian may be forced into exile. article 23 anyone persecuted because of their political, religious, philosophical convictions or their ethnicity may have the right of asylum in the territory of the republic of côte d'ivoire, on the condition that they conform to the laws of the republic. article 24 the state guarantees all citizens equal access to culture. the freedom of artistic and literary creation is guaranteed. artistic, scientific and technical works of art are protected by law. the state promotes and protects the cultural heritage as well as the habits and customs that do not run counter to public order and the accepted standards of behavior. article 25 political parties and groups form and exercise their activities freely on the condition that they respect the laws of the republic, the principles of national sovereignty and of democracy. they are equal in rights and subject to the same obligations. political parties and groups contribute to the exercise of the right to vote. political parties and groups organized along regional, religious, tribal, ethnic or racial lines are prohibited. legally constituted political parties and groups benefit from public funding, under the conditions defined by law. article 26 civil society is one of the components of the expression of democracy. it contributes to the economic, social and cultural development of the nation. article 27 it is recognized that everyone throughout the national territory has the right to a healthy environment. the transit, importation or illegal storage and dumping of toxic waste on the national territory constitute crimes that are not subject to any statute of limitations. chapter ii. duties article 28 the state is committed to respecting the constitution, human rights and public freedoms. it ensures awareness and dissemination of them among the population. the state takes the necessary measures to integrate the constitution, human rights and public freedoms into school and university education programs as well as into the training of defense and security forces, and of officials of the administration. article 29 the state guarantees the right of democratic opposition. on matters of national interest, the president of the republic may solicit the opinions of opposing political parties and groups. article 30 concerning ivoirians residing abroad, the state provides for their participation in the life of the nation. it watches over their interests. article 31 the family is the basic unit of the society. the state guarantees its protection. parental authority is exercised by the father and mother or, failing that, by any other person in accordance with the law. article 32 the state is committed to guaranteeing the specific needs of vulnerable persons. it takes the necessary measures to prevent the vulnerability of children, women, mothers, the elderly and persons with disabilities. it is committed to guaranteeing the access of vulnerable persons to healthcare services, education, employment, culture, sports and leisure. article 33 the state and public communities protect persons with disabilities against any form of discrimination. they promote their integration by facilitating their access to all public and private services. the state and public communities ensure the protection of persons with disabilities against any form of degradation. they guarantee their rights in the educational, medical and economic spheres as well as in those of sports and leisure. article 34 the youth are protected by the state and public communities against all forms of exploitation and abandonment. the state and public communities create conditions conducive to the civic and moral education of the youth. they take all necessary measures to ensure the participation of young people in the social, economic, cultural, sports and political development of the country. they help the youth to integrate into active life by developing their cultural, scientific, psychological, physical and creative potential. article 35 the state and public communities ensure the promotion, development and protection of women. they take the necessary measures to eliminate all forms of violence against women and girls. article 36 the state works to promote the political rights of women by increasing their chances of access to representation in elected assemblies. detailed rules for the application of this article are set forth in the law. article 37 the state works to promote equality between men and women in the labor market. the state encourages the promotion of women to decision-making positions in public institutions and administrations as well as at the enterprise level. article 38 the state promotes the access of citizens to housing, under the conditions prescribed by law. the state promotes the access of citizens to employment. article 39 the defense of the nation and of the integrity of the territory is a duty for all ivoirians. it is exclusively ensured by the national defense and security forces, under the conditions determined by law. article 40 the protection of the environment and the promotion of the quality of life are a duty for the community and for each natural or legal person. the state is committed to protecting its maritime space, its waterways, its natural parks as well as its historic sites and monuments against any form of degradation. the state and public communities take the necessary measures to safeguard the fauna and flora. where there may be a risk of harm that could seriously and irreversibly affect the environment, the state and public communities are required to assess the potential harm and to adopt the necessary preventive measures by applying the precautionary principle. article 41 the public bodies are required to promote, respect and ensure respect for good governance in the management of public affairs and of the prosecution of corruption and related offenses. any person entrusted with the functions of president of the republic, vice-president of the republic, prime minister, national institution president or head, member of the government, member of the constitutional council, parliamentarian, magistrate or any person holding high-ranking positions in public administration or in charge of the management of public funds, is required to declare their assets in accordance with the law. article 42 the state and public communities must guarantee to everyone quality public service, meeting the demands of the public interest. article 43 it is the duty of every resident to fulfill their tax obligations in accordance with the law. the state takes the necessary measures to ensure the collection of taxes, the fight against tax evasion and fiscal fraud. article 44 public property is inviolable. everyone has the duty to respect and protect them. article 45 any citizen given a public mandate or in charge of a public office or a public service mission has the duty to execute it competently, conscientiously and loyally. they should be honest, impartial and neutral. article 46 the holding of multiple offices is regulated under the conditions set forth in the law. article 47 everyone living in the national territory is required to respect the constitution, laws and regulations of the republic of côte d'ivoire. title ii. the state and sovereignty chapter i. the founding principles of the republic article 48 the state of côte d'ivoire is an independent and sovereign republic. the national emblem is the tricolor flag of orange, white and green in vertical bands and of equal dimensions. the national anthem is the "song of abidjan" (l’abidjanaise). the motto of the republic is: union, discipline, work. the official language is french. article 49 the republic of côte d'ivoire is one and indivisible, secular, democratic and social. the principle of the republic of côte d'ivoire is the government of the people, by the people and for the people. chapter ii. sovereignty article 50 sovereignty resides in the people. no section of the people or any individual may arrogate to itself or themselves the exercise thereof. article 51 the people exercise their sovereignty by means of a referendum and by their elected representatives. the conditions of recourse to the referendum as well as the procedures for the election of the president of the republic and of the members of parliament are determined by the constitution and specified by an organic law. the independent commission responsible for organizing the referendum, the presidential, legislative and local government elections, under the conditions prescribed by law, is an independent administrative authority. a single law determines its responsibilities, its organization and operating procedures. the constitutional council reviews the regularity of the operations of the referendum, of the election of the president of the republic and of the members of parliament. article 52 the right to vote is universal, free, equal and secret. voters are, under the conditions determined by law, all ivoirian nationals of both sexes of at least eighteen years of age and enjoying their civil and political rights. title iii. the executive power chapter i. composition of the executive article 53 the executive is composed of the president of the republic, the vice president of the republic and the government. chapter ii. the president of the republic article 54 the president of the republic is the head of state. he is the embodiment of national unity. he ensures respect for the constitution. he ensures the continuity of the state. he is the guarantor of national independence, of the integrity of the territory and of respect for international commitments. article 55 the president of the republic is elected for five years by direct universal suffrage. he may be re-elected only once. he chooses a vice-president of the republic, who is elected concurrently with him. the candidate for the presidential election should be in possession of his civil and political rights and should be at least thirty-five years old. he must be exclusively of ivoirian nationality, born of a father or mother who is of ivoirian origin. article 56 the president of the republic and the vice-president of the republic are elected by majority list in two rounds. the election of the president of the republic and the vice-president of the republic is by the absolute majority of votes cast. the first round of voting takes place on the last saturday of the month of october in the fifth year of the term of the president of the republic and the vice-president of the republic in office. if the absolute majority is not obtained in the first round, a second round is taken. only the two lists of candidates with the highest number of votes cast in the first round may be presented. the second round is held on the last saturday of november in the fifth year of the president of the republic and the vice-president of the republic in office. the list of candidates with the highest number of votes is elected in the second round. in case of a tie between the two lists of candidates in the second round, the list of candidates having obtained the highest number of votes cast in the first round is declared elected. the convocation of the electors is made by decree in the council of ministers. article 57 if, before the first round, one of the candidates from a list of candidates selected by the constitutional council is incapacitated or dies, the constitutional council may declare the postponement of the election within seventy-two hours from the time of the referral by the independent commission responsible for the elections. in the event of the death or absolute incapacity of the candidate for the presidency of the republic on one of the two lists of candidates who came first after the first round, the chairman of the independent commission responsible for the elections refers the matter to the constitutional council immediately, which decides, within seventy-two hours from the time of its referral, the postponement of the election. in both cases, the election of the president of the republic and the vice-president of the republic is held within a period that may not exceed thirty days from the decision of the constitutional council. article 58 after the final proclamation of the results by the constitutional council, the president-elect of the republic takes the oath of office, on the constitution before the constitutional council, in a formal sitting. the vice-president of the republic attends the swearing-in ceremony. the swearing-in of the president-elect of the republic takes place on the second monday in the month of december of the fifth year of the term of the president of the republic in office. during this public ceremony, he receives the attributes of his function and on this occasion delivers a message to the nation. the expression of the oath is: "before the sovereign people of côte d'ivoire, i solemnly swear and upon my honor to respect and defend the constitution, to be the embodiment of national unity, to ensure the continuity of the state and to defend its territorial integrity, to protect the rights and freedoms of the citizens, to fulfill conscientiously the duties of my office in the best interests of the nation. may the people withdraw their confidence in me, and may i be subject to the full force of the law, if i betray my oath." article 59 the powers of the president of the republic and of the vice-president of the republic in office expire on the date when the president-elect of the republic and of the vice-president-elect of the republic take office. article 60 upon taking office and at the end of his mandate, the president of the republic is required to produce an authentic declaration of his assets before the court of auditors. during the performance of his official duties, the president of the republic may not, by himself or by anyone else, acquire or lease anything that belongs to the domain of the state and to the public communities without prior authorization of the court of auditors under the conditions set forth in the law. the president of the republic may not tender to the markets of the state and public communities. article 61 the official duties of president of the republic are incompatible with the exercise of any parliamentary mandate, public-sector employment and any professional activity. article 62 in the event of the vacancy of the presidency of the republic by reason of death, resignation or absolute incapacity of the president of the republic, the vice-president of the republic, automatically, becomes the president of the republic. before taking office, he takes the oath of office before the constitutional council, in a formal sitting. the official duties of the new president of the republic cease at the expiration of the existing presidential term. the absolute impediment of the president of the republic, by reason of incapacity to perform his official duties, is recognized immediately by the constitutional council called upon for this purpose by a government request approved by the majority of its members. in the event of the death, resignation or absolute incapacity of the vice-president of the republic, the president of the republic appoints a new vice-president after the constitutional council has verified his conditions of eligibility. the vice-president of the republic takes the oath of office, under the conditions set forth in the law, before the constitutional council, in a formal sitting. in the event of the death, resignation or absolute incapacity of the vice-president of the republic, when the office of the president becomes vacant, the official duties of the president of the republic are performed by the prime minister. he may not make use of articles 70, 75 and 177 of the constitution. article 63 the president of the republic is the exclusive holder of executive power. article 64 the president of the republic sets and implements national policy. article 65 the president of the republic ensures the enforcement of laws and court decisions. he makes regulations applicable to the entire territory of the republic. article 66 the president of the republic has the right to grant pardon. article 67 the president of the republic is the head of the administration. he appoints civilian and military posts. article 68 the president of the republic is the supreme head of the armed forces. he presides over the councils, defense and security committees. article 69 the president of the republic accredits ambassadors and extraordinary envoys to foreign powers and international organizations. ambassadors and extraordinary envoys are accredited to him. article 70 the president of the republic appoints the prime minister, head of government. he also terminates the official duties of the latter. on the proposal of the prime minister, the president of the republic appoints the other members of the government and determine their responsibilities. he terminates their official duties under the same conditions. article 71 the president of the republic presides over the council of ministers. the council of ministers is bound to deliberate on: decisions determining the general policy of the state; bills, statutes and regulatory decrees; appointments to senior state posts, the list of which is established by law. article 72 draft laws and statutes may be submitted by the president of the republic to the constitutional council for opinion before being examined by the council of ministers. the drafts of regulatory decrees may be submitted, by the president of the republic, to the council of state for its opinion before being examined by the council of ministers. article 73 should the institutions of the republic, the independence of the nation, the integrity of its territory or the execution of its international commitments become seriously and immediately threatened, and the regular functioning of the constitutional public bodies be interrupted, the president of the republic takes the exceptional measures required by these circumstances, after consultation with the president of the national assembly, president of the senate and the president of the constitutional council. he informs the nation thereof by message. parliament meets without requiring to be convened. the end of the crisis is recognized by a message from the president of the republic to the nation. article 74 the president of the republic initiates legislation concurrently with the members of parliament. he ensures the promulgation of laws within thirty days after the law definitively adopted has been submitted to him. this period is shortened to five days in the event of an emergency. a law not promulgated by the president of the republic until the expiration of the periods provided for in this article is declared enforceable by the constitutional council, referred to by the chairman of one of the two houses of parliament, if the law is in conformance with the constitution. the president of the republic may, before the expiration of these periods, ask parliament for a second deliberation of the law or of some of its articles. this second deliberation may not be denied. he may also, within the same periods, request and be granted, as of right, the holding of this deliberation only in a session following the one in which the draft was adopted on the first reading. the voting for this second deliberation is decided by the absolute majority of the members of parliament in office. article 75 the president of the republic, after consulting the joint-conventions bureau, may submit to referendum any draft or matter that he deems to demand direct consultation with the people. when the referendum has concluded the adoption of the draft, the president of the republic promulgates it within the periods set forth in article 74 paragraph 2. article 76 the president of the republic may, by decree, delegate some of his powers to the vice-president of the republic, the prime minister and to other members of the government. article 77 the president of the republic may, by decree, delegate some of his powers to the prime minister or to the member of the government acting as interim on behalf of the latter. this delegation of powers must be limited in time and focus on a specific matter. chapter iii. the vice-president of the republic article 78 the vice-president of the republic is elected for five years by direct universal suffrage. he may be re-elected only once. the candidate for the vice-presidency of the republic is in possession of his civil and political rights and must be at least thirty-five years of age. he must be exclusively of ivoirian nationality, born of a father or mother of ivoirian origin. article 79 the elected vice-president of the republic is sworn in, under the conditions set forth in the law, before the constitutional council, in a formal sitting. the provisions of articles 60 and 61 of this constitution apply to the vice-president of the republic. article 80 the vice-president of the republic acts by delegation on behalf of the president of the republic. the vice-president of the republic replaces the president of the republic whenever the latter is outside of the national territory. in such a case, the president of the republic may, by decree, delegate to him the presidency of the council of ministers, on a specific agenda. chapter iv. the government article 81 the government is composed of the prime minister, head of government, and the ministers. the government is responsible for the implementation of national policy, such as is defined by the president of the republic. article 82 the prime minister organizes and coordinates government action. the prime minister presides over the council of government, a preparatory meeting of the council of ministers. the prime minister replaces the president of the republic whenever the latter and the vice-president of the republic are outside of the national territory. article 83 the prime minister and the ministers are jointly and severally accountable to the president of the republic. the resignation of the prime minister, the head of government, entails that of the entire government. article 84 the official duties of member of the government are incompatible with the exercise of any public-sector employment and any professional activity. a member of parliament appointed as a member of the government may not sit in parliament during his ministerial duties. the provisions of article 60 paragraphs 2 and 3 apply to members of the government during their official duties. title iv. the legislative power chapter i. composition of the legislative power article 85 legislative power is exercised by the parliament. the parliament is composed of the national assembly and senate. chapter ii. the status of parliamentarians article 86 the deputies in the national assembly are elected by direct universal suffrage for five years. article 87 the senate ensures the representation of territorial communities and of ivoirians established outside of côte d'ivoire. senators are elected, for two thirds, by indirect universal suffrage. one third of the senators is appointed by the president of the republic among ivoirians recognized for their expertise and proven competence in the political, administrative, economic, scientific, cultural, sports, professional and social fields. the term of office for senators is five years. article 88 all parliamentarians are subject to the obligation of fiscal regularity. article 89 the duration of the legislature is five years for each of the two houses. the parliamentary mandate is renewable. the presidents of the national assembly and the senate are respectively elected for the duration of the legislature. article 90 the powers of each house expire at the end of the ordinary session of the last year of its legislature. the elections of deputies and senators take place before the expiration of the powers of each house. an organic law determines the number of members of each house, the conditions of eligibility and appointment, the system of ineligibilities and incompatibilities, the methods of voting and the conditions under which new elections should be organized or new appointments should be dealt with in case of a vacancy for deputy or senator. the amount of the allowances and the benefits of the parliamentarians are governed by the organic law. article 91 no member of parliament may be prosecuted, searched for, arrested, detained or tried in connection with opinions or votes cast by him in the performance of his official duties. article 92 no member of parliament may, during the sessions, be prosecuted or arrested in criminal or correctional matters without the authorization of the house of which he is a member, except in the case of flagrante delicto. no member of parliament may be arrested out of session without the authorization of the bureau of the house of which he is a member, except in cases of flagrante delicto, authorized prosecution or final convictions. the detention or prosecution of a member of parliament is suspended if the house of which he is a member so demands. chapter iii. powers of the parliament article 93 parliament enacts legislation and approves taxes. it monitors the government’s action and assesses public policy. chapter iv. the method of organization and functioning of parliament article 94 each year, the parliament meets without requiring to be convened in an ordinary session. the session of the national assembly begins on the first working day of the month of april and ends on the last working day of the month of december. the opening of the senate session takes place seven working days after that of the national assembly and ends seven working days before the closure of the session of the national assembly. each house sets the number of days of meetings it may hold during the ordinary session. article 95 parliament is convened in extraordinary session by the president of each house on a set agenda, by the request of the president of the republic or an absolute majority of its members. extraordinary sessions are adjourned as soon as the agenda is exhausted. article 96 each parliamentarian is the representative of the entire nation. any imperative mandate is null and void. the right of members of parliament to vote is personal. however, proxy voting is permitted when a member of parliament is prevented by illness, by the performance of a mandate or a mission entrusted to him by the government or the parliament, by fulfilling his military obligations or by any other justified reason. no person may receive more than one proxy vote. article 97 the sittings of both houses of parliament are public. however, each house may sit in on closed committee meetings at the request of the president of the republic or of at least one-third of its members. the full account of the debates of each house is published in the official gazette of the republic of côte d’ivoire. article 98 the national assembly and the senate meet in joint session at the request of the president of the republic. the president of the national assembly presides over the joint session. he is assisted by the president of the senate, who is the vice-president of the joint session. the meeting venue is that of the national assembly. article 99 each house draws up its own rules of procedure. before their entry into force, the rules or procedure of each house along with their subsequent amendments are submitted to the constitutional council, which decides on their conformity with the constitution. the constitutional council makes it decision within fifteen days. article 100 the parliamentary opposition has rights guaranteeing it an adequate and effective representation in all the bodies of parliament. title v. relations between the legislative power and the executive power chapter i. areas of the law and regulation article 101 the law sets forth rules concerning: citizenship, civil rights and fundamental guarantees granted to citizens for the exercise of public freedoms, freedom, pluralism and independence of the media, the obligations imposed for the purposes of national defense upon the person and property of citizens; nationality, status and capacity of persons, matrimonial regimes, inheritance and gifts; the procedure according to which habits and customs are established and brought into harmony with the fundamental principles of the constitution; the determination of crimes and offenses as well as the penalties applicable to them, criminal proceedings, amnesty; the organization of the judicial and administrative courts and the procedure followed in these jurisdictions; the status of magistrates, ministerial officers and auxiliaries of justice; the general statutes for public service; the status of the prefectural corps; the status of the diplomatic corps; the status of the staff of territorial communities; the status of the military service; the status of national police personnel; the basis, rate and manner of collection of taxes of every kind; the currency issue scheme; the electoral system of parliament and local assemblies; the modes of public management of economic and social activities; the creation of categories of public institutions; the general organization of the administration; state of siege and state of emergency; the conditions for the promotion and development of national languages. the law determines the fundamental principles: of education and scientific research; of the organization of national defense; of the regulations governing property, real rights and of civil and commercial obligations; of labor law, trade union rights and of social institutions; of the alienation and management of the domain of the state and of that of territorial communities; of the transfer of enterprises from the public to the private sector; of mutuality and savings; of environmental protection and sustainable development; of the organization of production; of regulations governing political parties and the statutes of political opposition; of regulations governing transport and telecommunications; of regulations governing the resources and expenses of the state; of the scheduling of the objectives of the economic and social action of the state; of the organization and functioning of public bodies. article 102 organic laws are those whose purpose is to specify or supplement the provisions relating to the organization or operation of the institutions, structures and systems planned or qualified as such by the constitution. they are voted on and amended under the following conditions: a draft bill or proposed organic law is only submitted to the deliberation and vote of the first house on the expiration of a period of fifteen days subsequent to the filing thereof; the procedure under articles 109 and 110 is applicable; a draft bill or proposed organic law is adopted under the same conditions by each of the two houses by an absolute majority of its members in office. however, in the absence of agreement between the two houses, the draft may not be adopted by the national assembly at the last reading except there be a majority of two-thirds of its members in office; organic laws may only be promulgated after the constitutional council has declared their compliance with the constitution. article 103 matters other than those within the purview of legislature come under statutory jurisdiction. legislative drafts in these matters prior to the enforcement of this constitution may be amended by decree made after the opinion of the constitutional council. article 104 declaration of war is authorized by parliament. in case of disagreement between the two houses, the decision is made by the national assembly. article 105 a state of siege is decreed in the council of ministers. parliament meets as of right if it is not in session. prorogation of a state of siege beyond fifteen days may be authorized only by parliament; each of the two houses declaring by a simple majority of the members in office. in case of disagreement between the two houses, the deciding vote is that of the national assembly. article 106 the president of the republic may, for the execution of his program, request authorization to take, by ordinance, for a limited period, measures normally falling within the purview of legislature. ordinances are made in the council of ministers after a possible opinion of the constitutional council. they enter into force as soon as they are published but become obsolete if the bill of ratification is not filed before the date set by the enabling legislation. at the end of the period referred to in the second paragraph of this article, the ordinances may no longer be amended by the law in their provisions falling within the purview of legislature. chapter ii. legislative procedure article 107 members of parliament have the right of amendment. proposals and amendments tabled by members of parliament are not admissible if their adoption implies either a decrease in public resources or in the creation or aggravation of a public office, unless they are accompanied by a proposal for increase in equivalent revenues or savings. article 108 proposals and amendments outside the purview of legislature are inadmissible. inadmissibility is declared by the president of each house. in case of dispute, the constitutional council, referred to by the president of the republic or by at least a tenth of the parliamentarians, makes a decision within eight days of its referral. article 109 draft bills and proposed bills are both tabled at the bureau of the national assembly and senate. the draft bills and proposed bills are examined by the committees of each house. a house, seized of a draft voted on by the other house, deliberates on the draft that is transmitted to it. however, the discussion of bills brought before the first house referred to, deals with the draft presented by the president of the republic. article 110 any draft bill or proposed bill is examined successively by both houses of parliament for the purpose of adopting an identical draft. the draft budget bill is submitted first to the national assembly. draft bills or proposed bills relating to territorial communities are submitted first to the senate. if, as a result of a disagreement between the two houses, a draft bill or proposed bill cannot be adopted after two readings by each house or, if the president of the republic declares that the matter is urgent after only one reading in each house, the president of the republic may call a meeting of the joint committee of equal representation that proposes a draft on the remaining provisions under discussion. the draft prepared by the joint committee of equal representation may be submitted by the president of the republic for approval by both houses. no amendment is accepted unless approved by the president of the republic. if the joint committee of equal representation fails to adopt a common draft or if disagreement persists between the two houses over the adoption of the draft, the president of the republic asks the national assembly to make a definitive decision on the draft. in this case, the national assembly may take over either the draft prepared by the joint committee of equal representation or the last draft voted on by it, amended as necessary by one or more of the amendments adopted by the senate. article 111 the parliament votes on the appropriation bill under the conditions determined by the organic law. article 112 the parliament is seized of the appropriation bill before the end of the ordinary session. the appropriation bill must provide the necessary revenues for complete coverage of expenditures. the parliament votes on the balanced budget. if the national assembly does not reach a decision at the first reading within a period of forty days after the filing of the bill, the president of the republic refers the matter to the senate, which makes a decision within fifteen days. it thereafter comes under the conditions prescribed in article 110. if the parliament does not reach a decision within a period of seventy days, the bill may be put into force by order. the president of the republic, for ratification, refers to the parliament convened in an extraordinary session, within a period of fifteen days. if the parliament has not voted on the budget at the end of this extraordinary session, the budget is definitively established by order. if the appropriation bill could not be submitted in time to be promulgated before the beginning of the financial year, the president of the republic requests parliament’s authorization urgently to resume the budget for the previous year by the provisional one-twelfth. article 113 before their promulgation, laws may be referred to the constitutional council by the president of the republic, the president of the national assembly or the president of the senate or at least one tenth of the deputies or senators or by parliamentary groups. legally constituted human rights associations may also refer, to the constitutional council, before their promulgation, laws relating to civil liberties. before their promulgation, laws relating to public freedoms are transmitted to the body in charge of the defense of human rights. referral to the constitutional council suspends the time limit for promulgation. the constitutional council rules within fifteen days from the date of its referral. chapter iii. communication between the executive and the parliament article 114 every year, the president of the republic delivers to the parliament a message on the state of the nation. this message may be read by the vice-president of the republic. the message of the president of the republic is not the subject of any debate. article 115 the president of the republic communicates with the national assembly and the senate either directly or through messages that he had the vice-president of the republic read in each of the houses of parliament. these messages are not the subject of any debate. chapter iv. the control of government action and assessment of public policies article 116 members of the government have access to the committees of parliament. they are heard at the request of the committees. they may be attended by commissioners of the government. article 117 the parliament is informed of government action by means of oral questions, written questions, the committee of inquiry and the assessment mission. during the ordinary session, one session per month is reserved as a matter of priority for questions from members of each house of parliament and replies from the president of the republic. the president of the republic may delegate to the head of government and to the ministers the power to reply to questions from members of parliament. under the circumstances, parliament may adopt a resolution to make recommendations to the government. article 118 parliament settles the accounts of the nation in accordance with the provisions of the appropriation law. the discharge bill must be tabled in parliament no later than one year after the implementation of the budget. the court of auditors assists the parliament and the government in the supervision of the appropriation law and within its spheres of competence. title vi. international treaties and agreements chapter i. negotiation and ratification article 119 the president of the republic negotiates and ratifies international treaties and agreements. the president of the republic is informed of any negotiation for the conclusion of an international agreement not subject to ratification. article 120 peace treaties, treaties or agreements relating to the establishment of international organizations, those that modify the internal laws of the state, may only be ratified by a law. governing legislation for the purpose of ratification is subject to review by the constitutional council. article 121 the republic may recognize the jurisdiction of the international criminal court under the conditions prescribed by the treaty signed on 17 july 1998. article 122 if the constitutional council, called upon by the president of the republic, the president of the national assembly or senate or by at least one-tenth of deputies or senators, has declared that an international treaty or agreement contains a clause contrary to the constitution, authorization to ratify it may take place only after review by the constitution. chapter ii. the authority of treaties article 123 upon their publication, treaties or agreements duly ratified have an authority superior to that of domestic laws, subject, with respect to each treaty or accord, to the exercise thereof by the other contracting party. title vii. association, co-operation and integration among african states chapter i. african integration article 124 the republic of côte d'ivoire may conclude association or integration agreements with other african states including the partial relinquishment of sovereignty with a view to achieving african unity. the republic of côte d'ivoire agrees to establish with these states, intergovernmental organizations for joint management, coordination and free cooperation. chapter ii. the objectives of the agreements article 125 the objectives of the organizations referred to in article 124 may notably include: harmonization of monetary, economic and financial policy; establishment of customs unions; creation of solidarity funds; harmonization of development plans; harmonization of foreign policy; pooling of their own resources to ensure national defense; coordination of jurisdictional organization; cooperation regarding security and protection of persons and property; cooperation in the fight against serious crime and terrorism; cooperation in the fight against corruption and related offenses; cooperation in the fight against tax fraud and tax evasion; cooperation in higher education, scientific research and technological innovation; cooperation in the fields of education, technical education and vocational training; cooperation in the field of health; harmonization of rules concerning the statutes for public service and labor law; coordination of transport, communication and telecommunication; cooperation in environmental protection and management of natural resources. title viii. the constitutional council chapter i. responsibilities article 126 the constitutional council is a constitutional jurisdiction. it is independent and impartial. the constitutional council is the organ regulating the functioning of public bodies. the constitutional council is the judge of the conformity of the law with the constitutionality block. the constitutional council is the judge of the supervision of the presidential and parliamentary elections. article 127 the constitutional council rules on: the eligibility of candidates for the presidential election. the constitutional council draws up and publishes the final list of candidates for the presidential election fifteen days before the first round of voting, after the independent commission responsible for the elections has carried out an audit of the files of the various candidates and has published the provisional list of candidatures; the eligibility of candidates for parliamentary elections. the final list of candidatures for elections of deputies and senators are established and published by the independent commission responsible for the elections; disputes relating to the election of the president of the republic, deputies and senators; the disqualification of deputies and senators. the constitutional council declares the final results of the presidential election. it supervises the regularity of referendum operations and declares the results. chapter ii. composition article 128 the constitutional council is composed of: a president; the former presidents of the republic, with the exception of an express waiver on their part; six councilors, three of whom are appointed by the president of the republic, two by the president of the national assembly and one by the president of the senate. the constitutional council is renewed by half every three years. chapter iii. the status of members article 129 the president of the constitutional council is appointed by the president of the republic for a non-renewable period of six years among persons recognized for their proven competence and expertise in legal or administrative affairs. before taking office, he takes an oath on the constitution before the president of the republic, in these terms: "i hereby undertake to perform my official duties well and faithfully, to discharge them with complete independence and impartiality with respect for the constitution, to keep the secrecy of deliberations and votes, even after the termination of my official duties, to take no public position in the legal, political, economic or social spheres, to give no private consultation on matters within the competence of the constitutional council." article 130 the councilors are appointed for a non-renewable period of six years by the president of the republic among persons recognized for their proven competence and expertise in legal or administrative affairs. before taking office, they take an oath on the constitution before the president of the constitutional council, in the following terms: "i hereby undertake to perform my official duties well and faithfully, to discharge them with complete independence and impartiality with respect for the constitution, to keep the secrecy of deliberations and votes, even after the termination of my official duties, to take no public position in the legal, political, economic or social spheres, to give no private consultation on matters within the competence of the council constitutional." the first constitutional council is composed of: three advisers, two of whom designated by the presidents of the national assembly and the senate, nominated for three years by the president of the republic; three councilors, one of whom designated by the president of the national assembly, appointed for six years by the president of the republic. article 131 the official duties of member of the constitutional council are incompatible with the exercise of any political function, any public-sector employment or elective mandate and any professional activity. any constitutional council member found in any of the cases of incompatibility is dismissed ex officio. in the event of death, resignation or absolute incapacity for any cause whatsoever, the president and the advisers are replaced, within a period of eight days, for the remainder of the term of office. article 132 no member of the constitutional council may be prosecuted, arrested, detained or judged for criminal or correctional matters during their term of office, without the authorization of the council, except in cases of flagrante delicto. chapter iv. organization and functioning article 133 upon referral by the president of the republic, bills or proposals may be submitted to the constitutional council for an opinion. upon referral by the president of the national assembly or the president of the senate, bills or proposals may be submitted to the constitutional council for an opinion. article 134 the international commitments referred to in article 120 prior to their ratification, the constitutional laws adopted by parliamentary means, the organic laws before their promulgation, the by-laws of the parliamentary assemblies before their implementation, must be referred to the constitutional council, which decides on their conformity with the constitution. referral to the constitutional council suspends the time limit for promulgation or enforcement. article 135 any litigant may, by way of exception, raise the unconstitutionality of a law before any court. the court to which the challenge of the law is raised stays the proceedings and gives the litigant fifteen days to bring the matter before the constitutional council. at the expiration of this period, if the applicant reports no evidence of referral to the council, the court makes its ruling. article 136 an organic law determines the rules for the organization and functioning of the constitutional council, the procedure and time-limits for giving its decisions. chapter v. the authority of decisions article 137 in the event of referral to the constitutional council by way of action, a law or a provision declared contrary to constitution may not be promulgated or implemented. a law or provision contrary to the constitution is null and void with respect to everyone. in case of referral to the constitutional council by way of exception, the decision of the constitutional council applies to everyone, beyond the parties to the trial. a law or provision declared unconstitutional by the council is repealed. article 138 decisions of the constitutional council are not subject to appeal. they apply to the public bodies, to any administrative, judicial, military authority and to any natural or legal person. title ix. judicial power chapter i. the status of a judge article 139 the judicial power is independent. the president of the republic is the guarantor of the independence of judicial power. he is assisted by the superior council of the magistracy. article 140 magistrates on the bench are irremovable. they may not be transferred without their consent, unless operational requirements dictate otherwise. they may not be dismissed, suspended from their official duties, or subject to disciplinary action except in the case of a breach of their obligations and only after reasoned decision taken by the superior council of the magistracy. the magistrate is protected against all forms of interference, pressure, interventions or maneuvers, proving harmful to the accomplishment of his mission. should he consider his independence threatened, the judge has the right to appeal to the superior council of the magistracy. the judge obeys only the authority of the law. article 141 the magistrate must be competent. he must demonstrate impartiality, neutrality and honesty in the exercise of his official duties. any breach of these official duties constitutes professional misconduct. article 142 the magistrate is protected in his honor, dignity and security on the occasion of, or during, the exercise of his official duties, in particular against insults, provocations and threats to which he may be subjected. except for flagrante delicto or final conviction, no magistrate may be prosecuted, arrested, detained or tried in criminal or correctional matters without the authorization of the superior council of the magistracy. chapter ii. the organization of justice article 143 justice is served throughout the national territory, on behalf of the ivoirian people, by the supreme court, court of auditors, courts of appeal, courts of first instance, administrative courts and regional audit chambers. article 144 the supreme court and the court of auditors are the two judicial institutions representative of judicial power. chapter iii. the superior council of the judiciary article 145 the superior council of the magistracy is presided over by a person appointed by the president of the republic of the high judges in office or on retirement. article 146 the superior council of the magistracy: examines all questions relating to the independence of the magistracy and to the ethics of magistrates; makes proposals for the appointment of magistrates of the supreme court and of the court of auditors, of first presidents of the courts of appeal and of the presidents of the courts of first instance; gives its assent to the appointment, transfer and promotion of magistrates on the bench; makes decisions concerning the disciplinary training of magistrates on the bench as well as of prosecutors. the decisions of the superior council of the magistracy are subject to appeal. an organic law determines the composition, organization and functioning of the superior council of the magistracy. chapter iv. the supreme court article 147 the supreme court supervises the implementation of the law by judiciary and administrative orders. it regulates conflicts of competence between the jurisdictions of these two orders. the supreme court is composed of: the court of cassation; the council of state. an organic law determines the composition, organization and functioning of the supreme court. article 148 the court of cassation is the highest court of the judiciary. it decides sovereignly on appeals in cassation against the decisions rendered in the last instance by the courts and tribunals of the judiciary. article 149 the council of state is the highest jurisdiction of the administrative order. it rules sovereignly on decisions rendered in the last instance by the administrative tribunals and by the administrative courts specialized in administrative disputes. the council of state hears cases at the first and last instances concerning actions for annulment of the acts of the central administrative authorities and bodies with national competence. it also has an advisory function. in this capacity, it may be consulted by the president of the republic on any matter of an administrative nature. article 150 the president of the supreme court is appointed by the president of the republic for a renewable period of five years once from among personalities recognized for their competence and proven expertise in legal matters. the president of the court of cassation and the president of the council of state are appointed by decree made in the council of ministers, after consultation with the superior council of the magistracy. the president of the court of cassation and the president of the council of state are vice-presidents of the supreme court. article 151 the composition, responsibilities, organization and functioning of the court of cassation and the council of state are determined respectively by a law. chapter v. the court of auditors article 152 the court of auditors is the supreme audit institution. it has jurisdictional, supervisory and advisory responsibilities. the court of auditors supervises the management of accounts concerning government services, national public institutions, territorial communities, independent administrative authorities and any body benefiting from financial assistance from the state or from another legal person governed by public law as well as from any other body benefiting from financial assistance from public enterprises and their subsidiaries and/or affiliates. article 153 the president of the court of auditors is appointed by the president of the republic for a renewable period of five years once from among personalities recognized for their competence and proven expertise in economics, management, accounting or public finances. article 154 the composition, responsibilities, organization and functioning of the court of auditors are determined by an organic law. chapter vi. the authority of judicial decisions article 155 judicial decisions are binding. they apply to the public bodies, to any administrative, judicial, military authority and to any natural or legal person. public bodies are obliged to enforce them and to see to their enforcement. title x. the high court of justice chapter i. responsibilities article 156 the high court of justice is a court of exceptional jurisdiction. it judges the president of the republic, the vice-president of the republic and members of the government. article 157 the president of the republic is not held responsible for acts performed in the exercise of his official duties and appears before the high court of justice only in case of high treason. article 158 the high court of justice is competent to judge the vice-president of the republic and members of the government, on account of acts qualified as crimes or offenses committed in the exercise of their official duties. article 159 the high court of justice is bound by the definition of crimes and offenses as well as by the determination of sentences according to the penal law in force at the time the acts were committed. chapter ii. composition article 160 the high court of justice is composed of members elected among themselves in even numbers by the national assembly and by the senate, from the first session of the legislature. it is presided over by the president of the supreme court. chapter iii. organization and functioning article 161 indictment of the president of the republic, the vice-president of the republic and members of the government is voted on by secret ballot by parliament, by a two-thirds majority for the president of the republic and by an absolute majority for the vice-president of the republic and members of the government. article 162 an organic law determines the number of members of the high court of justice, its responsibilities and rules of its functioning as well as the procedure followed before this court. title xi. the economic, social, environmental and cultural council chapter i. responsibilities article 163 the economic, social, environmental and cultural council gives its opinion on draft laws, ordinances or decrees as well as on draft proposals submitted to it. economic, social, environmental and cultural draft laws are submitted to it for its opinion. the president of the republic may consult the economic, social, environmental and cultural council on any economic, social, environmental and cultural problems. chapter ii. composition and functioning article 164 the composition of the economic, social, environmental and cultural council and the rules of its functioning are governed by an organic law. title xii. the mediator of the republic chapter i. the responsibilities of the mediator of the republic article 165 a mediation body is hereby established, called "the mediator of the republic", administrative authority with a public service mission. the mediator of the republic does not accept instructions from any authority. the mediator of the republic is the gracious intercessor between the administration and the constituents. chapter ii. the status of the mediator of the republic article 166 the mediator of the republic is appointed by the president of the republic for a non-renewable six-year term upon the recommendation of the president of the national assembly and the president of the senate. in the event of death, resignation or absolute incapacity established by the constitutional council, referred to by the president of the republic, he is replaced within a period of eight days. article 167 the official duties of the mediator of the republic are incompatible with the exercise of any political function, any other public office and any professional activity. article 168 the mediator of the republic may not be prosecuted, searched for, arrested, detained or tried in connection with opinions or acts performed by him in the exercise of his official duties. chapter iii. the organization and functioning of the mediator of the republic article 169 the responsibilities, organization and functioning of the mediator of the republic are determined by an organic law. title xiii. territorial communities chapter i. composition article 170 the territorial communities are the regions and municipalities. article 171 other territorial communities are created and abolished by law. chapter ii. organization and functioning article 172 the law determines the fundamental principles of the free administration of territorial communities, of their competences and their resources. in territorial communities, the prefect is the representative of the state. he is responsible for the national interests, compliance with laws and for the supervision of guardianship. no territorial collectivity may exercise guardianship over another. article 173 territorial communities benefit from resources that they may freely dispose of under the conditions set forth in the law. they may receive all or part of the revenues from taxes of any kind. taxes and other resources owned by territorial communities represent a crucial part of their total resources. article 174 any transfer of powers between the state and the territorial communities is accompanied by the allocation of resources equivalent to those that were given over to the exercise of those powers. title xiv. traditional chieftaincy chapter i. responsibilities article 175 traditional chieftaincy is represented by the national house of kings and traditional chiefs. the national house of kings and traditional chefs is the institution regrouping all the traditional kings and chiefs of côte d’ivoire. it is notably responsible for: the valuing of habits and customs; the promotion of the ideals of peace, development and social cohesion; the non-judicial settlement of conflicts in villages and between communities. the traditional chieftaincy participates, under the conditions determined by a law, in the administration of the territory. chapter ii. composition and functioning article 176 the composition of the national house of traditional kings and chiefs and the rules of its functioning are governed by an organic law. title xv. constitutional revision chapter i. the revision procedure article 177 the initiative for the revision of the constitution rests concurrently with the president of the republic and the members of parliament. the draft law or proposal for revision of the constitution is filed simultaneously with the two houses of parliament. in order to be taken into consideration, the draft law or proposal for revision must be voted on by an absolute majority of the members of the joint session. the revision of the constitution is final only after it has been approved by referendum by an absolute majority of votes cast. however, the draft law or revision proposal is not submitted to referendum if the president of the republic decides to submit it to parliament. in this case, the draft law or revision proposal is not adopted unless it satisfies the requirement for the two-thirds majority of the joint-session members actually in office. the draft revising the constitution, approved by referendum or by parliamentary procedure, is promulgated by the president of the republic and published in the official gazette of the republic of côte d'ivoire. chapter ii. limits to the power of revision article 178 no review proceedings may be instituted or continued where the integrity of the territory has been compromised. the republican form of government and the secularism of the state may not be subject to revision. title xvi. the transitional and final provisions chapter i. designation of the vice-president of the republic article 179 the president of the republic in office on the date of the promulgation of this constitution appoints the vice-president of the republic, upon verification of his eligibility by the constitutional council. the president of the republic dismisses him from office. the vice-president of the republic so appointed is sworn in, under the conditions set forth in the law, before the constitutional council, in a formal sitting. chapter ii. vacancy of the presidency of the republic article 180 in the event of the vacancy of the presidency of the republic by death, resignation or absolute incapacity of the president of the republic, the official duties of president of the republic are exercised by the vice-president of the republic. the new president of the republic completes the term of office of the elected president of the republic. he may not make use of articles 70, 75 paragraph 1 and 177. the vice-president of the republic acting as president of the republic may not appoint a vice-president for the remainder of the term of office. should the new president of the republic, in turn, be prevented, for whatever reason, the official duties of the president of the republic are exercised by the government in the order of protocol. chapter iii. the status of institutions article 181 until the establishment of new institutions, existing institutions continue their official duties and responsibilities in accordance with applicable laws and regulations. article 182 pending the establishment of the senate, the responsibilities of the parliament are exercised by the national assembly. the mandate of the national assembly in office on the date of the promulgation of this constitution expires at the end of 2016. the term of office of the parliament elected after the entry into force of this constitution ends in december 2020. chapter iv. legislative continuity article 183 the legislation currently in force in côte d'ivoire remains applicable, except for the intervention of new drafts, so long as it does not run counter to this constitution. chapter v. the entry into force of the constitution article 184 this constitution enters into force from the date of its promulgation by the president of the republic. it is published in the official gazette of the republic of côte d'ivoire. chapter i state, sovereignty and citizens 1. constitution this is the "constitution of the republic of the maldives". any reference to the "constitution" herein is a reference to the constitution of the republic of the maldives. 2. republic of the maldives the maldives is a sovereign, independent, democratic republic based on the principles of islam, and is a unitary state, to be known as the republic of the maldives. any reference to "the maldives" is a reference to the republic of the maldives. 3. territory of the maldives the territory of the maldives encompasses the land, airspace, sea and seabed within the archipelagic baselines of the maldives drawn in accordance with the law, and includes the territorial waters, the seabed and air space thereof beyond the said baselines. any changes to the territory of the maldives may only be made pursuant to a law enacted by at least a two-third majority of the total membership of the people's majlis. 4. powers of the citizens all the powers of the state of the maldives are derived from, and remain with, the citizens. 5. legislative power all legislative power in the maldives is vested in the people's majlis. 6. executive power as provided for in this constitution the executive power is vested in the president. 7. judicial power the judicial power is vested in the courts of the maldives. 8. supremacy of constitution the powers of the state shall be exercised in accordance with this constitution. 9. citizens the following persons are citizens of the maldives: citizens of the maldives at the commencement of this constitution; children born to a citizen of the maldives; and foreigners who, in accordance with the law, become citizens of the maldives. no citizen of the maldives may be deprived of citizenship. any person who wishes to relinquish his citizenship may do so in accordance with law. despite the provisions of article (a) a non-muslim may not become a citizen of the maldives. 10. state religion the religion of the state of the maldives is islam. islam shall be the one of the basis of all the laws of the maldives no law contrary to any tenet of islam shall be enacted in the maldives 11. national language the national language of the maldives is dhivehi. 12. national flag the national flag of the maldives consists of a white crescent in the centre of a green rectangle surrounded by a red border. the dimensions and colour code of the national flag and the placing of the crescent on the national flag shall be as specified in schedule 3 of this constitution. 13. currency of the maldives the unit of currency of the maldives is the rufiyaa, divided into one hundred laari. 14. capital the capital of the maldives is the island of male'. 15. national day the national day of the maldives is the first day of the month of rabeeu al-awwal. chapter ii. fundamental rights and freedoms 16. guarantee of rights this constitution guarantees to all persons, in a manner that is not contrary to any tenet of islam, the rights and freedoms contained within this chapter, subject only to such reasonable limits prescribed by a law enacted by the people's majlis in a manner that is not contrary to this constitution. any such law enacted by the people's majlis can limit the rights and freedoms to any extent only if demonstrably justified in a free and democratic society. the limitation of a right or freedom specified in this chapter by a law enacted by the people's majlis as provided for in this constitution, and in order to protect and maintain the tenets of islam, shall not be contrary to article (a). in deciding whether a right or freedom in this chapter, has been limited in accordance with article (a) and (b), a court must be fully cognisant of and make reference to all the facts, including: the nature and character of the right or freedom; the purpose and importance of limiting the right or freedom; the extent and manner of limiting the right or freedom; the relationship between the limitation of the right or freedom and the importance of the right or freedom; the extent to which the objective for which the right or freedom has been limited could have been achieved by limiting the right or freedom to a lesser degree; the extent to which the right or freedom must be limited in order to protect the tenets of islam, where the right or freedom has been limited pursuant to article (b). the onus of establishing that the limitation to any extent, of a right or freedom included in this chapter is within the reasonable limitations prescribed in this constitution is on the state or the person asserting the limitation of the right or freedom. 17. non-discrimination everyone is entitled to the rights and freedoms included in this chapter without discrimination of any kind, including race, national origin, colour, sex, age, mental or physical disability, political or other opinion, property, birth or other status, or native island. special assistance or protection to disadvantaged individuals or groups, or to groups requiring special social assistance, as provided in law shall not be deemed to be discrimination, as provided for in article (a). 18. duty of the state it is the duty of the state to follow the provisions of this constitution, and to protect and promote the rights and freedoms provided in this chapter. 19. freedom from restraint a citizen is free to engage in any conduct or activity that is not expressly prohibited by islamic shari'ah or by law. no control or restraint may be exercised against any person unless it is expressly authorised bylaw. 20. equality every individual is equal before and under the law, and has the right to the equal protection and equal benefit of the law. 21. right to life everyone has the right to life, liberty and security of the person, and the right not be deprived thereof to any extent except pursuant to a law made in accordance with article 16 of this constitution. 22. protection of the environment the state has a fundamental duty to protect and preserve the natural environment, biodiversity, resources and beauty of the country for the benefit of present and future generations. the state shall undertake and promote desirable economic and social goals through ecologically balanced sustainable development and shall take measures necessary to foster conservation, prevent pollution, the extinction of any species and ecological degradation from any such goals. 23. economic and social rights every citizen the following rights pursuant to this constitution, and the state undertakes to achieve the progressive realisation of these rights by reasonable measures within its ability and resources: adequate and nutritious food and clean water; clothing and housing; good standards of health care, physical and mental; a healthy and ecologically balanced environment; equal access to means of communication, the state media, transportation facilities, and the natural resources of the country; the establishment of a sewage system of a reasonably adequate standard on every inhabited island; the establishment of an electricity system of a reasonably adequate standard on every inhabited island that is commensurate to that island. 24. privacy everyone has the right to respect for his private and family life, his home and his private communications. every person must respect these rights with respect to others. 25. no slavery or forced labour no one shall be held in slavery or servitude, or be required to perform forced labour. compulsory military service, service required in cases of emergency or calamity threatening the life or well-being of the community, or service required pursuant to a court order shall not be deemed to be contrary to article (a). 26. right to vote and run for public office unless otherwise provided in this constitution, every citizen of the maldives eighteen years of age or older has the right: to vote in elections, and in public referendums, which shall be held by secret ballot; to run for public office; to take part in the conduct of public affairs, directly or through freely chosen representatives. 27. freedom of expression everyone has the right to freedom of thought and the freedom to communicate opinions and expression in a manner that is not contrary to any tenet of islam. 28. freedom of the media everyone has the right to freedom of the press, and other means of communication, including the right to espouse, disseminate and publish news, information, views and ideas. no person shall be compelled to disclose the source of any information that is espoused, disseminated or published by that person. 29. freedom of acquiring and imparting knowledge everyone has the freedom to acquire and impart knowledge, information and learning. 30. freedom to form political parties, associations and societies every citizen has the right to establish and to participate in the activities of political parties. everyone has the freedom to form associations and societies, including the following: the right to establish and participate in any association or society for economic, social, educational or cultural or purposes; the right to form trade unions, to participate or not participate in their activities. 31. right to strike every person employed in the maldives and all other workers have the freedom to stop work and to strike in order to protest. 32. freedom of assembly everyone has the right to freedom of peaceful assembly without prior permission of the state. 33. right to protect reputation and name everyone has the right to protect one's reputation and good name. 34. right to marry and establishment of the family every person of marriageable age as determined by law has the right to marry, and to establish a family as specified in law. the family, being the natural and fundamental unit of society, is entitled to special protection by society and the state. children must be afforded special protection as specified in law in the event of a marital breakdown of the parents. 35. special protection to children, young, elderly and disadvantaged people children and young people are entitled to special protection and special assistance from the family, the community and the state. children and young people shall not be harmed, sexually abused, or discriminated against in any manner and shall be free from unsuited social and economic exploitation. no person shall obtain undue benefit from their labour. elderly and disadvantaged persons are entitled to protection and special assistance from the family, the community and the state. 36. right to education everyone has the right to education without discrimination of any kind. primary and secondary education shall be freely provided by the state. it is imperative on parents and the state to provide children with primary and secondary education. opportunity for higher education shall be generally accessible to all citizens. education shall strive to inculcate obedience to islam, instil love for islam, foster respect for human rights, and promote understanding, tolerance and friendship among all people. 37. right to work every citizen has the right to engage in any employment or occupation. everyone is entitled to just and safe conditions of work, fair wages, equal remuneration for work of equal value, and equal opportunity for promotion. everyone has the right to rest and leisure, including limits on hours of work and periodic holidays with pay. everyone has the right to spend time at rest and leisure. in order to provide this right to each employed person, the maximum number of working hours have to be determined as well as the length of paid holidays. 38. right of pension every one engaged in employment with the state shall have the right of pension as provided by law. 39. right to participate in cultural life everyone has the right to participate in the cultural life of the nation, and to benefit from literary and artistic endeavours. the state shall promote education, culture, literature and the arts, within the limits of its resources. 40. right to acquire and hold property every citizen has the right to acquire, own, inherit, transfer or otherwise transact of such property. private property shall be inviolable, and may only be compulsorily acquired by the state for the public good, as expressly prescribed by law, and as authorised by order of the court. fair and adequate compensation shall be paid in all cases, as determined by the court. nothing in this article prevents any law authorising a court to order the forfeiture(without the giving of any compensation) of illegally acquired or possessed property, or enemy property. property of a person shall not be forfeited in substitution for any offence. 41. freedom of movement and establishment every citizen has the freedom to enter, remain in and leave the maldives, and to travel within the maldives. every citizen has the right to move to, and take up residence on, any inhabited island of the maldives. every citizen shall have equal access to the receipt of rights and benefits from any island where he has established residency. 42. fair and transparent hearings in the determination of one's civil rights and obligations or of any criminal charge, everyone is entitled to a fair and public hearing within a reasonable time by an independent court or tribunal established by law. all judicial proceedings in the maldives shall be conducted with justice, transparency and impartiality. trials of any matter shall be held publicly, but the presiding judge may exclude the public from all or part of a trial in accordance with democratic norms: in the interests of public morals, public order or national security; where the interest of juveniles or the victims of a crime so require; or in other special circumstances where publicity would prejudice the interests of justice. all judgements or orders of a court shall be pronounced publicly, unless the court specifically orders otherwise for the reasons stipulated in article (c). all publicly pronounced judgements or orders shall be available to the public. 43. fair administrative action everyone has the right to administrative action that is lawful, procedurally fair, and expeditious. everyone whose rights have been adversely affected by administrative action has the right to be given written reasons. where the rights of a person, a group or community has been adversely affected by administrative action, every such person, group or every person who may be directly affected by such action has the right to submit the matter to court. 44. personal liability the application of the criminal law or criminal procedure, including the conduct of investigations, criminal proceedings and enforcement of sentences as provided by law, shall extend to the accused person only and shall not affect the legal rights or obligations of any other person. 45. no unlawful arrest or detention everyone has the right not to be arbitrarily detained, arrested or imprisoned except as provided by law enacted by the people's majlis in accordance with article 16 of this constitution. 46. power of arrest and detention no person shall be arrested or detained for an offence unless the arresting officer observes the offence being committed, or has reasonable and probable grounds or evidence to believe the person has committed an offence or is about to commit an offence, or under the authority of an arrest warrant issued by the court. 47. search and seizure no person shall be subject to search or seizure unless there is reasonable cause. residential property shall be inviolable, and shall not be entered without the consent of the resident, except to prevent immediate and serious harm to life or property, or under the express authorisation of an order of the court. 48. rights on arrest or detention everyone has the right on arrest or detention: to be informed immediately of the reasons therefore, and in writing within at least twenty four hours; to retain and instruct legal counsel without delay and to be informed of this right, and to have access to legal counsel facilitated until the conclusion of the matter for which he is under arrest or detention; to remain silent, except to establish identity, and to be informed of this right; to be brought within twenty four hours before a judge, who has power to determine the validity of the detention, to release the person with or without conditions, or to order the continued detention of the accused. 49. release of accused no person shall be detained in custody prior to sentencing, unless the danger of the accused absconding or not appearing at trial, the protection of the public, or potential interference with witnesses or evidence dictate otherwise. the release may be subject to conditions of bail or other assurances to appear as required by the court. 50. prompt investigation and prosecution after notice of an alleged offence has been brought to the attention of the investigating authorities, the matter shall be investigated promptly, and where warranted, the prosecutor general shall lay charges as quickly as possible. 51. rights of the accused everyone charged with an offence has the right: to be informed without delay of the specific offence in a language understood by the accused; to be tried within a reasonable time; not to be compelled to testify; to an interpreter to be provided by the state where he does not speak the language in which the proceedings are conducted, or is deaf or mute; to have adequate time and facilities for the preparation of his defence and to communicate with and instruct legal counsel of his own choosing; to be tried in person, and to defend himself through legal counsel of his own choosing; to examine the witnesses against him and to obtain the attendance and examination of witnesses; to be presumed innocent until proven guilty beyond a reasonable doubt. 52. confessions and illegal evidence no confession shall be admissible in evidence unless made in court by an accused who is in a sound state of mind. no statement or evidence must be obtained from any source by compulsion or by unlawful means and such statement or evidence is inadmissible in evidence. 53. assistance of legal counsel everyone has the right to retain legal counsel at any instance assistance is required. in serious criminal cases, the state a lawyer for an accused person and instruct where legal shall provide who cannot afford to engage one. 54. no degrading treatment or torture no person shall be subjected to cruel, inhumane or degrading treatment or punishment, or to torture. 55. no imprisonment for non-fulfilment of contractual obligation no person shall be imprisoned on the ground of non-fulfillment of a contractual obligation. 56. right to appeal everyone related to a matter has the right to appeal a conviction and sentence, or judgement or order in a criminal or civil matter. 57. humane treatment of arrested or detained persons everyone deprived of liberty through arrest or detention as provided by law, pursuant to an order of the court, or being held in state care for social reasons, shall be treated with humanity and with respect for the inherent dignity of the human person. a person may be deprived of the rights or freedoms specified in this chapter only to the extent required for the purpose for which he is deprived of his liberty. 58. compensation everyone who has been arrested or detained without legal authority or justification has the right to be compensated. 59. retrospective legislation no person shall be found guilty of any act or omission which did not constitute an offence under islamic shari'ah or law at the time committed. nor shall a more severe penalty be imposed than the one applicable at the time the offence was committed. if the punishment for an offence has been reduced between the time of commission and the time of sentencing, the accused is entitled to the benefit of the lesser punishment. this article shall not prejudice the trial and punishment of any person for any act which was criminal according to international law. 60. prohibition of double jeopardy if an accused is acquitted of an offence by a court, he shall not be tried again for the same or substantially the same offence. if an accused is found guilty and punished for an offence he shall not be tried or punished again for the same or substantially the same offence. the principle stated in article (a) does not apply to appeals relating to the offence. 61. publication of acts and regulations all statutes, regulations, government orders requiring compliance by citizens and government policies shall be published and made available to the public. no person may be subjected to any punishment except pursuant to a statute or pursuant to a regulation made under authority of a statute, which has been made available to the public and which defines the criminal offence and the punishment for commission of the offence. all information concerning government decisions and actions shall be made public, except information that is declared to be state secrets by a law enacted by the people's majlis. every citizen has the right to obtain all information possessed by the government about that person. 62. retention of other rights the enumeration of rights and freedoms in this chapter are guaranteed equally to female and male persons. the enumeration of rights and freedoms individually in this chapter shall not be construed to deny or negate other rights retained by the people which are not specified in this chapter. 63. voidance of laws inconsistent with fundamental rights any law or part of any law contrary to the fundamental rights or freedoms guaranteed by this chapter shall be void or void to the extent of such inconsistency. 64. non-compliance with unlawful orders no employee of the state shall impose any orders on a person except under authority of a law. everyone has the right not to obey an unlawful order. 65. application to court to obtain a remedy anyone whose rights or freedoms, as guaranteed by this chapter, have been infringed or denied may apply to a court to obtain a just remedy. 66. voidance of laws inconsistent with rights and freedoms all existing statutes, regulations, decrees and notices inconsistent with the fundamental rights and freedoms provisions in this chapter shall, to the extent of the inconsistency, become void on the commencement of this constitution. 67. responsibilities and duties the exercise and enjoyment of fundamental rights and freedoms is inseparable from the performance of responsibilities and duties, and it is the responsibility of every citizen: to respect and protect the rights and freedoms of others; to foster tolerance, mutual respect, and friendship among all people and groups; to contribute to the well-being and advancement of the community; to promote the sovereignty, unity, security, integrity and dignity of the maldives; to respect the constitution and the rule of law; to promote democratic values and practices in a manner that is not inconsistent with any tenet of islam; to preserve and protect the state religion of islam, culture, language and heritage of the country; to preserve and protect the natural environment, biodiversity, resources and beauty of the country and to abstain from all forms of pollution and ecological degradation; to respect the national flag, state emblem and the national anthem. every person in the maldives must also respect these duties. 68. interpretation when interpreting and applying the rights and freedoms contained within this chapter, a court or tribunal shall promote the values that underlie an open and democratic society based on human dignity, equality and freedom, and shall consider international treaties to which the maldives is a party. 69. non-destructive interpretation of constitution no provision of the constitution shall be interpreted or translated in a manner that would grant to the state or any group or person the right to engage in any activity or perform any act aimed at the destruction of the rights and freedoms set out in this constitution. chapter iii. the people's majlis 70. legislative authority the legislative authority of the maldives shall be vested in the people's majlis. the law making powers of the people's majlis pursuant to article (a), includes the following powers: the amendment of this constitution, in accordance with the terms provided herein; the enactment of legislation with regard to any matter, or the amendment or repeal of any law, which is not inconsistent with any tenet of islam; the supervision of the exercise of executive authority and ensuring the executive authority is accountable for the exercise of its powers, and taking the steps required for ensuring the same; the approval of the annual budget and any supplementary budget; the determination of matters relating to independent commissions and independent offices in accordance with law; the holding of public referendums on issues of public importance; the performance of all duties otherwise expressly required by this constitution and by law. the people's majlis shall not pass any law that contravenes any tenet of islam. any matter submitted to the people's majlis for approval includes the power of the people's majlis to accept, reject, revoke or amend the disposition of the matter. any appointment or dismissal submitted to the people's majlis for approval includes the power of the people's majlis to accept or reject the appointment or dismissal. 71. determination of the composition of the peopleâ��s majlis the membership of the people's majlis shall be determined in accordance with the following principles: two members for the first five thousand residents registered for each administrative division or two members for administrative divisions with less than five thousand residents; and where the residents registered to an administrative division exceed five thousand residents, one additional member for each group of five thousand residents in excess of the first five thousand. the administrative divisions at the time this constitution comes into force, referred to in this article shall be the twenty administrative atolls plus male', for a total of twenty one. the details of the administrative divisions are specified in schedule 2 of this constitution. 72. election of members each administrative division shall establish separate electoral constituencies in accordance with the principles specified in article 71 of this constitution. all members shall be elected from a separate electoral constituency. the person elected from amongst those standing for election in each separate electoral constituency shall be the person receiving the greatest number of votes by secret ballot. a law shall specify the manner of determining the number of electoral constituencies in each administrative division and the boundaries of each electoral constituency. such law shall specify the principles pursuant to which the population on each administrative division shall be divided into the separate electoral constituencies such that there is an approximately equal division of the population. 73. qualifications of members a person elected to be a member of the people's majlis shall be so qualified if he: is a citizen of the maldives; is not a citizen of a foreign country; is a muslim and a follower of a sunni school of islam; has attained the age of eighteen years; and is of sound mind. a person who has acquired maldivian citizenship is qualified to be a member of the people's majlis five years after the acquisition of citizenship and is domiciled in the maldives. a person shall be disqualified from election as, a member of the people's majlis, or a member of the people's majlis immediately becomes disqualified, if he: has a decreed debt which is not being paid as provided in the judgement; has been convicted of a criminal offence and is serving a sentence of more than twelve months; has been convicted of a criminal offence and sentenced to a term of more than twelve months, unless a period of three years has elapsed since his release, or pardon for the offence for which he was sentenced; is a member of the judiciary. unless otherwise specifically provided in the constitution, a member of the people's majlis shall not continue to hold office in: the cabinet of ministers; the office of state minister, deputy minister, or other state office of an equivalent level; an independent commission or an independent office; the civil service; a corporation wholly or partly owned or managed by the government; the armed forces; the police; any other office of the state except an office held by virtue of being a member of the people's majlis. 74. court jurisdiction any question concerning the qualifications or removal, or vacating of seats, of a member of the people's majlis shall be determined by the supreme court. 75. function of members members of the people's majlis should be guided in their actions by considerations of national interest and public welfare foremost, and should not exploit their official positions in any way for their own benefit or for the benefit of those with whom they have special relations. they shall represent not only their constituencies but the country as a whole. 76. declaration of assets every member shall annually submit to the secretary general of the people's majlis a statement of all property and monies owned by him, business interests and liabilities. such declarations shall include the details of any other employment and obligations of such employment. 77. resignation a member of the people's majlis may resign his seat by writing under his hand addressed to the speaker, and the seat shall become vacant when the resignation is received by the speaker. 78. filling vacancy whenever there is a vacancy among the members of the people's majlis, an election shall be held within sixty days from the date of the vacancy. a by-election shall not be held within six months prior to a general election. 79. term of the peopleâ��s majlis the people's majlis shall continue for five years from the date of its first sitting, and shall then stand dissolved. the first sitting of the newly elected people's majlis shall be held immediately after the dissolution of the previous people's majlis. election of members to the new people's majlis and all matters pertaining thereto shall be concluded thirty days prior to the expiration of the existing people's majlis. 80. extension of term of the peopleâ��s majlis in the event of a declaration of a state of emergency, making it difficult to hold a general election, the term of the people's majlis may be extended by a resolution enacted by the people's majlis for a period not exceeding one year if such resolution is supported by two-thirds of the total membership of the people's majlis. when the declaration of the state of emergency expires or is revoked during an extended term, the people's majlis shall not continue for a period longer than sixty days, and all matters relating to the election of a new people's majlis shall be completed within that time. 81. oath of office of members of the peopleâ��s majlis a person elected as a member of the people's majlis shall assume membership in the people's majlis upon taking and subscribing, before the chief justice or his designate, the oath of office of members of the people's majlis set out in schedule 1of this constitution. 82. speaker and deputy speaker of the peopleâ��s majlis the people's majlis shall at the first sitting after the general election elect a speaker and a deputy speaker from its members by secret ballot. until such time as a speaker and a deputy speaker is elected the people's majlis shall be presided over by the consecutively longest serving member from among those present. where there are a number of members who have consecutively served the longest then the majlis shall be presided over by the member most senior by age of those having served consecutively the longest. the speaker, or in his absence the deputy speaker, shall preside over sittings of the people's majlis, and if neither is present, a person to preside over the sitting shall be determined as provided in the regulations governing the proceedings of people's majlis. the speaker may resign from his post by writing under his hand addressed to the deputy speaker, and the post shall become vacant when the resignation is received by the deputy speaker. the deputy speaker may resign from his post by writing under his hand addressed to the speaker, and the post shall become vacant when the resignation is received by the speaker. the speaker or the deputy speaker shall vacate his office: if he ceases to be a member of the people's majlis; or if the people's majlis at any time so resolves. no such resolution shall be moved unless fourteen days notice has been given to the people's majlis of the intention to move the resolution. the speaker shall not preside over the debate concerning his removal. the deputy speaker shall also not preside over any debate concerning his removal. the speaker and the deputy speaker have the right to take part and defend themselves in any debate concerning their removal. however they may not take part in any vote concerning their removal. 83. sittings of the peopleâ��s majlis there shall be at least three sessions of the people's majlis every year. the dates for the commencement and conclusion of the sessions must be specified in the regulations governing the proceedings of people's majlis. the sessions shall generally be held at the house of the people's majlis. 84. presidential address at the beginning of the first session of each year at the first sitting, the president shall address the people's majlis on the state of the country, and may present proposals for improving the state of the country to the people's majlis. 85. proceedings open to the public subject to article (b), meetings of the people's majlis and its committees shall be open to the public. a majority of those present and voting of the members of the people's majlis or of a committee may decide to exclude the public and the press from all or any part of the proceedings if there is a compelling need to do so in the interests of public order or national security. article (b) does not prevent the people's majlis from specifying additional reasons for excluding the public from all or any part of a committee meeting of the people's majlis. 86. quorum the presence of at least twenty five percent of the members, shall constitute a quorum of the people's majlis. 87. voting unless otherwise provided in this constitution, all decisions of the people's majlis shall be decided by a majority of votes of the members present and voting. despite the provisions of article 86 of this constitution, voting on any matter requiring compliance by citizens shall only be undertaken when more than half of the total membership of the people's majlis are present at the sitting at which the matter is voted upon. the speaker or other person presiding over sittings of the people's majlis shall not vote on any question, but in the event of an equality of votes, he shall have and exercise a casting vote. the speaker or other person presiding over sittings of the people's majlis may vote when a question must be decided by a two-thirds or three-quarters majority of the members. 88. regulation of procedure subject to the provisions of this constitution, the people's majlis shall: determine and control its administrative arrangements, hiring and firing of employees, determination of salaries of employees, and manage all matters concerning the sittings of the people's majlis. the people's majlis shall make regulations concerning these matters; make regulations and principles concerning its business, with due regard to representative and participatory democracy, accountability, transparency and public involvement. such regulations may include rules of decorum and attendance requirements, and, subject to the consent of two-thirds of the members, may provide for non-payment of salary and allowances. unless otherwise specified in this constitution, the validity of any proceedings in the people's majlis shall not be questioned in any court of law. 89. publication of proceedings of the peopleâ��s majlis all proceedings of the people's majlis shall be published in the minutes of the people's majlis and available to the public. 90. privilege no member or other person shall be liable to any proceedings in any court, and no person shall be subject to any inquiry, arrest, detention or prosecution, with respect to anything said in, produced before, or submitted to the people's majlis or any of its committees, or with respect to any vote given if the same is not contrary to any tenet of islam. no person or newspaper or journal shall be liable in respect of any report or proceedings made or published under the authority of the people's majlis, or in respect of any fair and accurate report of the proceedings of the people's majlis or any of its committees, where this is done in accordance with principles specified by the people's majlis. 91. presidential assent or return for reconsideration every bill passed by the people's majlis shall be presented for assent by the president within seven days from the date of its passing, and the president shall, within fifteen days of receipt, assent to the bill or return the bill for reconsideration of the bill or of any amendment proposed by the president. any bill returned to the people's majlis for reconsideration shall be assented to by the president and published in the government gazette if the bill, after reconsideration, is passed without any amendments, by a majority of the total membership of the people's majlis. any bill not returned for reconsideration or amendment or assented to by the president within the specified time shall be deemed to have been assented to by the president and shall be published in the government gazette. 92. publication of laws in the government gazette a bill passed by the people's majlis shall become law when assented to by the president. every bill assented to by the president shall be published in the government gazette on the day of assent. such law shall come into force when it is published in the government gazette, or on such later date following publication stipulated in the statute. 93. treaties treaties entered into by the executive in the name of the state with foreign states and international organizations shall be approved by the people's majlis, and shall come into force only in accordance with the decision of the people's majlis. despite the provisions of article (a), citizens shall only be required to act in compliance with treaties ratified by the state as provided for in a law enacted by the people's majlis. 94. delegation of power to make regulations and orders with lawful authority the people's majlis may, pursuant to law and for prescribed purposes, delegate to any person or body power to make orders, and regulations, or other instruments having legislative effect, including the power to: determine a date on which any law shall come into or cease to have effect; make any law or part thereof applicable to any area or to any class of persons. 95. reference to supreme court the people's majlis may by resolution refer to the supreme court for hearing and consideration important questions of law concerning any matter, including the interpretation of the constitution and the constitutional validity of any statute. the supreme court shall answer the questions so referred and shall provide the answers to the people's majlis, giving reasons for its answers. the opinion shall be pronounced in like manner as in the case of a judgment on appeal to the supreme court. 96. annual budget prior to the commencement of each financial year, the minister of finance shall submit for approval to the people's majlis a budget containing the projected revenue and expenditures for the year, and a statement of actual revenue and expenditures for the preceding year. the people's majlis may approve or amend the budget submitted by the minister of finance as in its discretion it deems fit. no supplementary expenditures shall be added to an approved budget without further approval by the people's majlis. expenditures included in the budget shall be applied solely for the specified purpose. 97. taxation and expenditures the executive shall not: spend any public money or property; levy any taxation; obtain or receive any money or property by loan or otherwise; provide any sovereign guarantees; except pursuant to a law enacted by the people's majlis. 98. questioning of ministers and members of the government the people's majlis may require the presence of any member of the cabinet or member of the government to attend proceedings of the people's majlis, and to respond under oath truthfully to questions put to them and to produce documents, required by the people's majlis relating to the due performance of the obligations and responsibilities of such person. every member of the people's majlis has the right to question, in the manner specified by the people's majlis and either orally or in writing, a member of the cabinet or head of a government office, concerning the performance of his duties. any member of the cabinet or member of the government office to whom a question is addressed as provided for in article (b) shall answer to the best of his knowledge and ability. the questions and answers given as provided for in this article, whether orally or in writing, shall be published in the same manner as the proceedings of the people's majlis. 99. summoning persons the people's majlis or any of its committees has the power to: summon any person to appear before it to give evidence under oath, or to produce documents. any person who is questioned by the people's majlis as provided for in this article shall answer to the best of his knowledge and ability; require any person or institution to report to it; receive petitions, representations, or submissions from interested persons or institutions. 100. removal of president or vice president the people's majlis, by a resolution, may remove the president or the vice president from office only on the grounds of: direct violation of a tenet of islam, the constitution or law; serious misconduct unsuited to the office of the president or vice president; or inability to perform the responsibilities of office of president or vice president. a resolution as provided for in article (a), must be submitted to the people's majlis, under the hand of at least one third of the members, specifying the reasons. the people's majlis may establish a committee to investigate the matters specified in the resolution calling for removal of the president or vice president. at least fourteen days notice of the debate in the people's majlis concerning such a resolution shall be given to the president or vice president, and the president or the vice president shall have the right to defend himself in the sittings of the people's majlis, both orally and in writing, and has the right to legal counsel. a resolution to remove the president or vice president from office as specified in article (a) shall only be passed if it receives a two-thirds majority of the total membership of the people's majlis, and in such event the president or vice president shall cease to hold office. the regulations governing the functioning of the people's majlis shall specify the principles and procedures concerning a resolution to remove the president or vice president from office as provided in this constitution. 101. vote of no confidence in a member of the cabinet a motion expressing want of confidence in a member of the cabinet may be moved in the people's majlis, under the hand of at least ten members, specifying the reasons. at least fourteen days notice of the debate in the people's majlis concerning a motion under article (a) shall be given to the concerned member of the cabinet, and he shall have the right to defend himself in the sittings of the people's majlis, both orally and in writing. a motion of want of confidence concerning a member of the cabinet shall be passed by a majority of the total membership of the people's majlis. a member of cabinet against whom a motion of want of confidence has been passed by the people's majlis shall cease to hold office. 102. salary and allowances the president, vice president, members of the cabinet, members of the people's majlis, including the speaker and deputy speaker, members of the judiciary, and members of the independent commissions and independent offices shall be paid such salary and allowances as determined by the people's majlis. 103. improper benefit the members of the people's majlis and persons appointed or employed by them shall not use their position or any information entrusted to them to improperly benefit themselves or any other person. 104. secretary general the people's majlis shall, as provided for in its regulations, appoint a secretary general to establish and manage the secretariat, to arrange for the sittings and documentation of the people's majlis, and generally to assist the speaker and the members. 105. security the security of the house of the people's majlis, all property attached thereto and all offices and facilities where its work is conducted shall be protected by the security services of the state. the security services of the state shall ensure the protection and safety of all members of the people's majlis. chapter iv. the president 106. executive power the executive power is vested in the president as provided for in the constitution and the law. the president shall be the head of state, the head of government, and the commander in chief of the armed forces. the principles of governance of the state being determined by this constitution, the president shall uphold, defend and respect the constitution, and shall promote the unity of the state. the president shall exercise executive authority as provided for in the constitution and law. 107. term of office the president shall hold office for a term of five years and no person elected as president pursuant to this constitution shall serve for more than two terms in office, whether consecutive or otherwise. a vacancy in the office of president leading to the vice president succeeding to the presidency shall only be considered as a term in office within the meaning of article (a) if there are at least two years remaining in that term of office. 108. manner of presidential election the president shall be elected directly by the people by universal and secret suffrage. 109. qualifications for election as president a person elected as president shall have the following qualifications: be a maldivian citizen born to parents who are maldivian citizens, and who is not also a citizen of a foreign country; be a muslim and a follower of a sunni school of islam; be at least thirty-five years of age; be of sound mind; not have an undischarged decreed debt; not have been convicted of a criminal offence and sentenced to a term of more than twelvemonths, unless a period of three years has elapsed since his release, or pardon for the offence for which he was sentenced; and despite the provisions of article (f), not have been convicted of an offence for which a hadd is prescribed in islam or of fraud, deception or criminal breach of trust. 110. election elections for the office of president shall be held within one hundred and twenty days to thirty days prior to the expiry of the existing presidential term. 111. presidential election the president shall be elected by over fifty percent of the votes. if no candidate obtains such majority, a run-off election must be held within twenty one days after the first election. the run-off election shall be contested only by the two candidates receiving the highest number of votes in the first election. if the two candidates receiving the highest number of votes in the first election have an equal number of votes, only those two candidates shall compete in the run-off election. if there are two candidates in second position with an equal number of votes, then the run-off election shall be held among the top three candidates. if any of the two candidates withdraws from the run-off election, the candidate receiving the third highest number of votes in the first election may stand for election in the run-off election. the people's majlis shall enact a statute governing the conduct of presidential elections. 112. vice president there shall be a vice president of the maldives who shall assist the president in the discharge of his duties and responsibilities. every candidate for president shall publicly declare the name of the vice president who will serve with him. the qualifications of office for the vice president shall be the same as those for the president. if the office of the president becomes vacant for any reason, the vice president shall succeed to the office of the president. 113. jurisdiction of the supreme court the supreme court, sitting together in session, shall have sole and final jurisdiction to determine all disputes concerning the qualification or disqualification, election, status, of a presidential candidate or running mate or removal of the president by the people's majlis. 114. oath of office of the president and vice president an incoming president or vice president shall assume office upon taking and subscribing, before the chief justice or his designate, at a sitting of the people's majlis, the relevant oath of office set out in schedule 1of this constitution. 115. powers and responsibilities of the president in addition to the duties and powers otherwise expressly conferred on the president by this constitution and the law, the president is entrusted pursuant to this constitution with carrying out the duties specified herein and shall have the following powers to do so: to faithfully implement the provisions of this constitution and the law, and to promote compliance by organs of the state and by the people; to supervise the efficient and harmonious functioning of all departments of government; to promote the rule of law, and to protect the rights and freedoms of all people; to guarantee the independence and territorial integrity of the maldives, and to promote respect for national sovereignty in the international community; to formulate fundamental policies of the state, and to submit policies and recommendations to the appropriate agencies and institutions of government; to appoint, dismiss and accept the resignation of members of the cabinet, and such officials necessary for the proper functioning of the duties of his office; to preside over the cabinet of ministers; to issue declarations of war and peace, and to immediately submit such declarations to the people's majlis for approval; to declare states of emergency, in accordance with the provisions of the constitution; to determine, conduct and oversee the foreign policy of the country, and to conduct political relations with foreign nations and international organizations; to enter into general treaties and agreements with foreign states and international organizations, which do not impose any obligations on citizens; to enter into and ratify, with the approval of the people's majlis, treaties and agreements with foreign states and international organizations, which impose obligations on citizens; to appoint members of diplomatic missions to foreign countries and international organizations in consultation with the people's majlis; to recall and remove from office members of diplomatic missions to foreign countries and international organizations; to receive and recognize the credentials of diplomatic and consular representatives of foreign countries and other parties and to accept their letters of recall; to appoint temporary commissions to advise the president on national issues and conduct investigations; to hold public referendums on issues of national importance; to declare national and government holidays; to issue awards, medals and honorary titles, as provided by law; to grant pardons or reductions of sentence as provided by law, to persons convicted of a criminal offence who have no further right of appeal; to ensure that the security services comply with their obligations as provided in this constitution; to perform all other duties specifically authorized by this constitution and by law. 116. government ministries the president has discretion to establish all ministries required within the government, and shall determine their areas of jurisdiction. the president shall submit all information relating to the ministries and their areas of jurisdiction to the people's majlis for approval. the people's majlis may give to the president such opinions and views it has on the ministries and their areas of jurisdiction established in accordance with article (a). 117. responsibilities of the vice president the vice president shall exercise such responsibilities and powers of the president as are delegated to him by the president. the vice president shall perform the responsibilities of the president if the president is absent or temporarily unable to perform the responsibilities of office. 118. salary and allowances the president and vice president shall be paid such salary and allowances as determined by the people's majlis. 119. restrictions the president and vice president shall not hold any other public office or office of profit, actively engage in a business or in the practice of any profession, or any other income generating employment, be employed by any person, buy or lease any property belonging to the state, or have a financial interest in any transaction between the state and any other party. the president, or any person appointed or employed by him, and the vice president, shall not use his position or any information entrusted to him by virtue of his office to improperly benefit himself or any other person. 120. declaration of assets every year, the president shall submit to the auditor general a statement of all property and monies owned by him, business interests and all assets and liabilities. 121. resignation the president may resign from office by writing under his hand submitted to the speaker of the people's majlis, and the office shall become vacant when the resignation is received by the speaker. the vice president may resign from office by writing under his hand submitted to the president, and the office shall become vacant when the resignation is received by the president. 122. vacancy of office of vice president if the office of vice president becomes vacant by reason of death, resignation, removal from office, permanent incapacity, or succession to the office of the president, the president shall appoint a new vice president to serve the remainder of the term. the appointment shall be approved by the people's majlis. 123. temporary inability of the president to perform his responsibilities in the event the president believes himself temporarily unable to perform the duties and responsibilities of office, he shall inform the speaker of the people's majlis in writing specifying the reasons thereof and shall handover the duties and responsibilities of his office to the vice president. the president shall resume the responsibilities of his office after informing the speaker of the people's majlis in writing. in the event the president is temporarily unable to perform the duties and responsibilities of office, and is not able to inform the speaker of the people's majlis in writing due to the nature of the inability, the vice president shall with the approval of the majority of the cabinet do so. in the event of such an occurrence, and until such time as the president is able to assume office, the responsibilities of the office of the president shall temporarily be assumed by the vice president. the president shall resume the responsibilities of his office after informing the speaker of the people's majlis in writing.   a. temporary incapacity to carry out duties in the event of the absence or temporary incapacity of both the president and the vice president to carry out the duties of office of the president, the duties shall be carried out, in order of priority, by the speaker of the people's majlis, or by the deputy speaker of the people's majlis, or by a member of the people's majlis elected by a resolution of the people's majlis, until the president or vice president are able to resume the duties of office. b. permanent incapacity to carry out duties in the event of the permanent incapacity, resignation, removal or death of both the president or the vice president, and both offices becoming vacant at the same time, leading to an incapacity to carry out the duties of the president, until such time as a president and a vice president shall be elected, the duties of both offices shall temporarily be carried out, in order of priority, by the speaker of the people's majlis, or by the deputy speaker of the people's majlis, or by a member of the people's majlis elected by a resolution of the people's majlis, until successors in office are chosen. c. qualifications of person temporarily assuming office of president the qualifications of office for any person temporarily assuming the office of the president shall be the same as those for the president. 125. presidential elections on the vacancy of the office of president and vice president if any of the instances specified in article 124 (b) of this constitution occur and both the office of the president and the vice president become vacant at the same time, a presidential election shall be held within sixty days of both offices becoming vacant and appointments shall be made to both offices. in the event of the occurrence of any permanent incapacity preventing the assumption of the office of president by the president elect and vice president elect in the presidential elections, presidential elections shall be held within sixty days of such occurrence and appointments shall be made to both offices. where fresh presidential elections have to be held for any reason during the currency of an ongoing presidential term, persons elected to the office of the president or the vice president shall only continue in office for the remainder of the ongoing presidential term. for the purposes of article 107 of this constitution they shall be dealt with as specified in article (c) of the said article. 126. oath of office by persons temporarily discharging the duties of the office of president and vice president any person temporarily discharging the duties of the office of the president or vice president shall take and subscribe before the chief justice or his designate, the relevant oath of office set out in schedule 1 of this constitution. 127. criminal accountability the president and the vice president shall be answerable in law for any alleged criminal offence, whether committed before or during his term of office. however, if any criminal proceedings are instituted against the president, the people's majlis may if it so sees fit, by resolution provide that such proceedings shall not be continued until after the expiration of the term of office. 128. immunity to a person who has served as the president a person who has served in the office of president, serving his term of office lawfully without committing any offence, shall be entitled to the highest honour, dignity, protection, financial privileges and other privileges entitled to a person who has served in the highest office of the land. such protection and privileges shall be specified in law. chapter v. the cabinet of ministers 129. cabinet of ministers there shall be a cabinet of ministers appointed by the president, with responsibility for the duties and functions assigned to them by the president, this constitution and the law. the cabinet shall consist of the vice president, the ministers given responsibility for the different ministries, and the attorney general. except for the vice president, the president must receive the approval of the people's majlis for all appointments to the cabinet. the president shall submit to the people's majlis, within seven days of making appointments to the cabinet the names of the appointees to the cabinet for approval of the people's majlis. 130. qualifications of ministers a person shall be qualified to be a member of the cabinet if he: is a citizen of the maldives; is not a citizen of a foreign country; is a muslim and a follower of a sunni school of islam; has attained the age of twenty-five years; is of sound mind. a person is disqualified from being a member of the cabinet, or a member of the cabinet immediately becomes disqualified, if he: has a decreed debt which is not being paid as provided in the judgment; or has been convicted of a criminal offence and sentenced to a term of more than twelve months, unless a period of three years has elapsed since his release, or pardon for the offence for which he was sentenced. 131. oath of office a member of the cabinet shall assume office upon taking and subscribing, before the chief justice or his designate, the oath of office of members of the cabinet set out in schedule 1of this constitution. 132. responsibilities of the cabinet the members of the cabinet shall comply with all the provisions of the constitution and the law, and shall faithfully discharge the responsibilities assigned to them by the president, including the following: to recommend to and assist the president in determining the general policies of the state, and to supervise and implement those policies in all areas of government activity, in accordance with the constitution and the law; to advise and recommend draft bills and proposals to the president, to be prepared for submission to the people's majlis; to direct, review and coordinate the work of the government; to ensure good relations and smooth functioning between the government and other organs of the state in their areas of responsibility; to prudently and carefully manage the assets of the state within their areas of responsibility; to recommend to and assist the president in formulating the general policies of the state in relation to national and international matters, and to direct, review and coordinate the political, economic and social development of the maldives; to promote, protect and uphold the rule of law, and defend public safety and the public interest; to perform all other duties specifically authorized by the constitution and by law. 133. attorney general the president shall appoint a person with distinguished education and experience in the legal field, who is also qualified to be a member of the cabinet, as attorney general. he shall be the legal advisor to the government. it is the duty of the attorney general to advise the government on all legal matters affecting the state. the attorney general's duties include performance of all legal duties pertaining to his office, and discharge of all responsibilities required to be discharged by the attorney general, by the constitution and by law. the attorney general has the right of audience in all courts of the maldives, and the state shall be represented in all courts by the attorney general or by a person delegated by him, except for those matters deemed to be the responsibility of the prosecutor general in this constitution. the attorney general shall have authority, with the leave of the court, to appear as a friend of the court in any civil proceedings to which the government is not a party, where in the opinion of the attorney general the interests of the state or the public interest dictate. the attorney general shall promote, protect, uphold and defend the rule of law, the public safety, the freedoms of the public and the public interest. in the exercise of his powers, the attorney general shall be subject only to the constitution and the law and shall not be subject to the control or direction of any person or authority. the attorney general shall have power to issue general directives to the prosecutor general on the conduct of criminal proceedings. 134. accountability and responsibility of the cabinet members of the cabinet are responsible individually and collectively to the president and also to the people's majlis in the manner specified by the constitution for the proper exercise of the responsibilities and duties assigned to them. members of the cabinet shall regularly and fairly report to the president on all matters under their jurisdiction, and shall provide to the people's majlis information about matters under their jurisdiction when requested to do so. 135. salary and allowances the members of the cabinet shall be paid such salary and allowances as determined by the people's majlis. 136. restrictions a member of the cabinet shall not hold any other public office or office of profit, actively engage in a business or in the practice of any profession, or any other income generating employment, be employed by any person, buy or lease any property belonging to the state, or have a financial interest in any transaction between the state and another party. a member of the cabinet shall not use his position or any information entrusted to him by virtue of his office to improperly benefit himself or any other person. 137. dismissal the president may at his discretion remove any member of the cabinet from office by writing under his hand addressed to such member. despite the provisions of article (a), the president does not have the discretion to remove the vice president from office. 138. declaration of assets every member of the cabinet shall annually submit to the auditor general a statement of all property and monies owned by him, business interests and all assets and liabilities. 139. resignation a member of the cabinet may resign from office by writing under his hand submitted to the president, and the office shall become vacant when the resignation is received by the president. 140. a minister to be responsible for each government authority a member of the cabinet shall be given responsibility for each authority or institute established by the government or the people's majlis, except for independent institutions specified in this constitution or established pursuant to law. such member of the cabinet must take responsibility for the operation of such authority or institution and must be accountable for it. chapter vi. the judiciary 141. judiciary the judicial power is vested in the supreme court, the high court, and such trial courts as established by law. the supreme court shall be the highest authority for the administration of justice in the maldives. the chief justice shall be the highest authority on the supreme court. all matters adjudicated before the supreme court shall be decided upon by a majority of the judges sitting together in session. no officials performing public functions, or any other persons, shall interfere with and influence the functions of the courts. persons or bodies performing public functions, through legislative and other measures, must assist and protect the courts to ensure the independence, eminence, dignity, impartiality, accessibility and effectiveness of the courts. 142. compliance with law the judges are independent, and subject only to the constitution and the law. when deciding matters on which the constitution or the law is silent, judges must consider islamic shari'ah. in the performance of their judicial functions, judges must apply the constitution and the law impartially and without fear, favour or prejudice. 143. jurisdiction of the courts the supreme court and the high court shall have jurisdiction to enquire into and rule on the constitutional validity of any statute or part thereof enacted by the people's majlis. in any matter before them, all courts have jurisdiction to determine matters concerning the interpretation and application of any provision of the constitution, and this shall not be deemed contrary to article (a). every court has jurisdiction to overturn the decision of a lower court. lower courts shall follow the decisions of a higher court. 144. powers in constitutional matters when deciding a constitutional matter within its jurisdiction, a court: may declare that any statute, regulation or part thereof, order, decision or action of any person or body performing a public function that is inconsistent with the constitution is invalid to the extent of the inconsistency; and may in connection with a declaration pursuant to article (b) make any order that is just and equitable, including: an order providing just compensation for any damage sustained by any person or group of persons due to any statute, regulation or action that is inconsistent with the constitution; or an order suspending the declaration of invalidity (of a statute, regulation or action due to inconsistency with the constitution) for any period and on any conditions, to allow the competent authority to correct the defect: may make an order limiting the retrospective effect of a declaration of invalidity of a statute, regulation or part thereof, order, decision or action of any person or body performing a public function that is inconsistent with the constitution. 145. supreme court the supreme court shall consist of the chief justice and such number of judges as provided by law. the supreme court shall consist of an uneven number of judges. matters shall be disposed of in the supreme court by an uneven number of judges sitting together in session. the supreme court shall be the final authority on the interpretation of the constitution, the law, or any other matter dealt with by a court of law. 146. high court the high court shall consist of such number of judges as provided by law. matters shall be disposed of in the high court by an uneven number of judges sitting together in session. 147. appointment of the chief justice there shall be a chief justice of the maldives. the president as the head of state shall appoint the chief justice, after consulting the judicial service commission and confirmation of the appointee by a majority of the members of the people's majlis present and voting. 148. appointment of judges the president as the head of state shall appoint the judges of the supreme court, after consulting the judicial service commission and confirmation of the appointees by a majority of the members of the people's majlis present and voting. all other judges shall be appointed by the judicial service commission, to be established in accordance with the provisions of this constitution. judges shall be appointed without term, but shall retire at the age of seventy years. notwithstanding article (c), for a period of fifteen years from the commencement of the constitution, judges may be appointed for a fixed term of not more than five years, as specified in the terms of their appointment. 149. qualifications of judges a person appointed as a judge in accordance with law, must possess the educational qualifications, experience and recognized competence necessary to discharge the duties and responsibilities of a judge, and must be of high moral character. in addition to the qualifications specified in article (a), a judge shall possess the following qualifications:be a muslim and a follower of a sunni school of islam; be twenty-five years of age; has not been convicted of an offence for which a hadd is prescribed in islam, criminal breach of trust, or bribery; be of sound mind. a person appointed to be a judge of the supreme court, shall be at least thirty years of age; possess at least seven years experience as a judge or practicing lawyer or both as a judge and a practicing lawyer, and must be educated in islamic shari'ah or law. the people's majlis shall pass a statute relating to judges. 150. oath of office of judges every judge shall take and subscribe the oath of office of judges set out in schedule 1 of this constitution before assuming office. 151. full time performance every judge shall devote his full time to the performance of the responsibilities of a judge. a judge shall perform other work only in accordance with and as specified by the statute relating to judges. 152. salary and allowances judges shall be paid such salary and allowances in keeping with the stature of their office as determined by the people's majlis. 153. declaration of assets every judge shall annually submit to the judicial service commission a statement of all property and monies owned by him, business interests and all assets and liabilities. 154. tenure and removal a judge shall not be removed from office during good behavior and compliance with judicial ethics. a judge may be removed from office only if the judicial service commission finds that the person is grossly incompetent, or that the judge is guilty of gross misconduct, and submits to the people's majlis a resolution supporting the removal of the judge, which is passed by a two-thirds majority of the members of the people's majlis present and voting. 155. power to determine the jurisdiction of courts and to enact administrative laws relating to the courts the people's majlis shall have authority to pass laws concerning the administration of the courts, the trial and appellate jurisdiction of the courts and trial procedures. 156. administration of the courts the courts have the inherent power to protect and regulate their own process, in accordance with law and the interests of justice. chapter vii. independent commissions and offices part 1. judicial service commission 157. judicial service commission there shall be a judicial service commission of the maldives. the judicial service commission is an independent and impartial institution. it shall perform its duties and responsibilities in accordance with the constitution and any laws enacted by the people's majlis. the jurisdiction of the judicial service commission shall extend to all members of the judiciary and such other persons as designated by the people's majlis. the judicial service commission shall function as provided by the statute governing the judicial service commission. such statute shall specify the responsibilities, powers, mandate, qualifications, and ethical standards of members. 158. composition of the judicial service commission the judicial service commission shall consist of: the speaker of the people's majlis; a judge of the supreme court other than the chief justice, elected by the judges of the supreme court; a judge of the high court, elected by the judges of the high court; a judge of the trial courts, elected by the judges of the trial court; a member of the people's majlis appointed by it; a member of the general public appointed by the people's majlis; the chair of the civil service commission; a person appointed by the president; the attorney general; a lawyer elected from among the lawyers licensed to practise in the maldives by themselves. 159. responsibilities and powers the judicial service commission is entrusted with the responsibility and power: to appoint, promote and transfer judges other than the chief justice and judges of the supreme court, and to make recommendations to the president on the appointment of the chief justice and judges of the supreme court; to investigate complaints about the judiciary, and to take disciplinary action against them, including recommendations for dismissal; to make rules: regarding schemes for recruitment and procedures for the appointment of judges; ethical standards of judges; providing for such matters as are necessary or expedient for the exercise, performance and discharge of the duties and responsibilities of the commission; to advise the president and the people's majlis on any other matter relating to the judiciary or the administration of justice; to exercise such additional powers and functions prescribed by this constitution or by law. 160. constituting the judicial service commission the president as head of the state shall constitute the judicial service judicial service commission as specified in this chapter. 161. term of office of members of the judicial service commission a member of the judicial service commission: appointed pursuant to article 158 (b), (c), (d), (e), (f), (h) or (j), holds office for a term of five years and is not eligible for reappointment; appointed by virtue of the office he held pursuant to article 158 (a), (g), or (i) remains a member of the judicial service commission only as long as that office is held. 162. resignation from membership of the judicial service commission a member of the judicial service commission may resign from office by writing under his hand addressed to the president, and the office shall become vacant when the resignation is received by the president. a member appointed under articles 158 (a), (g), or (i) may not resign pursuant to this article. 163. quorum and voting a majority of the members shall constitute a quorum at a meeting of the judicial service commission, and any decision of the judicial service commission shall be taken by a majority of votes of the members present and voting. 164. salary and allowances a member of the judicial service commission who is not a member of the executive, the judiciary, or the people's majlis shall be paid such salary and allowances as may be determined by the people's majlis. 165. removal from office a member of the judicial service commission appointed pursuant to article 158 (b), (c), (d), (e), (f), (h) or (j), may be removed from office by the appoint or. members of the judicial service commission appointed by virtue of the office held pursuant to articles 158 (a), (g), or (i) shall be removed from membership of the judicial service commission upon vacation of the office he holds. 166. oath of office every member of the judicial service commission shall take and subscribe the oath of office of members of the judicial service commission set out in schedule 1 of this constitution before assuming office. part 2. elections commission 167. elections commission there shall be an elections commission of the maldives. the elections commission is an independent and impartial institution. it shall exercise its duties and responsibilities in accordance with the constitution and laws enacted by the people's majlis. the elections commission shall function as provided by the statute governing the elections commission. such statute shall specify the responsibilities, powers, mandate, qualifications, and ethical standards of members. 168. appointment and composition of the elections commission the elections commission shall comprise of at least five members including the chairman of the commission. the president shall appoint to the elections commission those persons approved by a majority of the people's majlis from the names submitted to the people's majlis as provided for in the statute governing the elections commission. 169. qualifications to be qualified for appointment to the elections commission, a person shall possess the educational qualifications, experience and recognized competence necessary to discharge the functions of the elections commission. members of the elections commission shall not engage in any other employment. 170. responsibilities and powers the elections commission's responsibilities and powers include the following: to conduct, manage, supervise, and facilitate all elections and public referendums, to ensure the proper exercise of the right to vote, and to ensure that all elections and public referendums are conducted freely and fairly, without intimidation, aggression, undue influence or corruption; to prepare, maintain, and update electoral rolls, and to make all arrangements for holding elections and public referendums; to hold and declare the results of those elections and public referendums within periods prescribed by law; to compile the register of voters in each constituency, to revise it at such periods as shall be determined by law and to provide for publication of the register in the government gazette; to fix, vary, demarcate and continuously review the boundaries and names of constituencies or voting units in all elections in accordance with principles specified by law and to provide for publication of any amendments in the government gazette; to register political parties, and to perform those actions relating to political parties as specified by law; to educate and create awareness among the general public on the electoral process and its purpose; to perform such additional functions as may be prescribed by law. 171. voting and recording of results voting in all public elections or public referendums conducted by the elections commission, shall be by secret ballot. immediately after the close of the polls, the presiding officer who is appointed by the elections commission shall, in the presence of such candidates or their representatives if present, and any other persons authorized by law to be present, count at that polling station the ballot papers of that station, and record and publicly declare the votes cast in favour of each candidate or question in a public referendum. 172. elections petitions a person may challenge a decision of the elections commission concerning an election or a public referendum, or may challenge the results of an election, or contest the legality of any other matter related to an election, by means of an election petition presented to the high court. the manner for dealing with any challenge submitted pursuant to article (a) shall be provided for in a statute on elections. 173. term of office of members of the elections commission a member of the elections commission shall be appointed for one term of five years. the people's majlis can approve the renewal of the appointment for an additional term of not more than five years. 174. resignation from membership of the elections commission a member of the elections commission may resign from office by writing under his hand addressed to the president, and the office shall become vacant when the resignation is received by the president. 175. quorum and voting a majority of the members of the elections commission shall constitute a quorum at a meeting of the elections commission, and any decision of the elections commission shall be taken by a majority of votes of the members present and voting. 176. salary and allowances the members of the elections commission shall be paid such salary and allowances as determined by the people's majlis. 177. removal from office a member of the elections commission shall be removed from office only for the reasons specified in article (a), and in the manner specified in article (b): on the ground of misconduct, incapacity or incompetence; and a finding to that effect by a committee of the people's majlis pursuant to article (a), and upon the approval of such finding by the people's majlis by a majority of those present and voting, calling for the member's removal from office, such member shall be deemed removed from office. 178. oath of office every member of the elections commission shall take and subscribe the oath of office of members of the elections commission set out in schedule 1 of this constitution before assuming office. part 3. civil service commission 179. civil service commission there shall be a civil service commission of the maldives. the civil service commission is an independent and impartial institution. it shall perform its duties and responsibilities in accordance with the constitution and any laws enacted by the people's majlis. the civil service commission shall strive to achieve and maintain an effective and efficient civil service with high standards of professional ethics. the civil service commission shall function as provided by the statute governing the civil service commission. such statute shall specify the responsibilities, powers, mandate, qualifications, and ethical standards of members. 180. appointment and composition of the civil service commission the civil service commission shall comprise of at least five members including the chairman of the commission. the president shall appoint to the civil service commission those persons approved by a majority of the members of the people's majlis present and voting, from the names submitted to the people's majlis as provided for in the statute governing the civil service commission. 181. qualifications to be qualified for appointment to the civil service commission, a person shall possess the educational qualifications, experience and recognized competence necessary to discharge the functions of the civil service commission. members of the civil service commission shall not engage in any other employment. 182. responsibilities and powers the civil service commission's responsibilities and powers include the following: to recruit, appoint, promote, transfer and dismiss the members of the civil service, as defined by law; to establish uniform standards of organization and administration within the civil service; to formulate measures to ensure effective and efficient performance within the civil service; to establish personnel procedures relating to recruitment, appointments, transfers, promotions and dismissals; to report to the executive and to the people's majlis on its activities and the performance of its functions, including personnel policies, findings, directions and advice it may give, and an evaluation of the extent to which the values and principles set out in article (b) are complied with; to exercise or perform such additional powers and responsibilities prescribed bylaw. in carrying out its powers and functions, the civil service commission shall be governed by democratic values and principles, including the following: a high standard of professional ethics shall be promoted and maintained; efficient, economic and effective use of resources shall be promoted; services shall be provided impartially, fairly, equitably and without prejudice; the needs of the public shall be responded to, and the public shall be encouraged to participate in policy-making; the accountability of the civil service to all branches of the state and to the public; transparency shall be fostered by providing the public with timely, accessible and accurate information; good human-resource management and career-development practices to maximise human potential shall be cultivated; employment and personnel management practices shall be based on ability, analysis of determined principles and fairness; no member of the civil service may be favoured or prejudiced only because of support for or opposition to a particular political party or cause; no member of the civil service shall use his position or any information entrusted to him to improperly benefit himself or any other person. 183. term of office of members of the civil service commission a member of the civil service commission shall be appointed for one term of five years. the people's majlis can approve the renewal of the appointment for an additional term of not more than five years. 184. resignation from membership of the civil service commission a member of the civil service commission may resign from office by writing under his hand addressed to the president, and the office shall become vacant when the resignation is received by the president. 185. quorum and voting a majority of the members of the civil service commission shall constitute a quorum at a meeting of the civil service commission, and any decision of the civil service commission shall be taken by a majority of votes of the members present and voting. 186. salary and allowances the members of the civil service commission shall be paid such salary and allowances as may be determined by the people's majlis. 187. removal from office a member of the civil service commission shall be removed from office only for the reasons specified in article (a), and in the manner specified in article (b): on the ground of misconduct, incapacity or incompetence; and a finding to that effect by a committee of the people's majlis pursuant to article (a), and upon the approval of such finding by the people's majlis by a majority of those present and voting, calling for the member's removal from office, such member shall be deemed removed from office. 188. oath of office every member of the civil service commission shall take and subscribe the oath of office of members of the civil service commission set out in schedule 1 before assuming office. part 4. human rights commission 189. human rights commission there shall be a human rights commission of the maldives. the human rights commission is an independent and impartial institution. it shall promote respect for human rights impartially without favour and prejudice. the human rights commission shall function as provided by the statute governing the human rights commission. such statute shall specify the responsibilities, powers, mandate, qualifications, and ethical standards of members. 190. appointment and composition of the human rights commission the human rights commission shall comprise of at least five members including the chairman of the commission. the president shall appoint to the human rights commission those persons approved by a majority of the members of the people's majlis from the names submitted to the people's majlis as provided for in the statute governing the human rights commission. 191. qualifications to be qualified for appointment to the human rights commission, a person shall possess the educational qualifications, experience and recognized competence necessary to discharge the functions of the human rights commission. members of the elections commission shall not engage in any other employment. 192. responsibilities and powers the human rights commission's responsibilities and powers shall include the following: to promote respect for human rights; to promote the protection, development and attainment of human rights; to monitor and assess the observance of human rights. the human rights commission shall have the following functions and powers, as regulated bylaw: to investigate and to report on the observance of human rights; to take steps to secure appropriate redress where human rights have been violated; to carry out research, and to educate the public; to exercise such additional powers and functions prescribed by law. 193. term of office of members of the human rights commission a member of the human rights commission shall be appointed for one term of five years. the people's majlis can approve the renewal of the appointment for an additional term of not more than five years. 194. resignation from membership of the human rights commission a member of the human rights commission may resign from office by writing under his hand addressed to the president, and the office shall become vacant when the resignation is received by the president. 195. quorum and voting a majority of the members of the human rights commission shall constitute a quorum at a meeting of the human rights commission, and any decision of the human rights commission shall be taken by a majority of votes of the members present and voting. 196. salary and allowances the members of the human rights commission shall be paid such salary and allowances as determined by the people's majlis. 197. removal from office a member of the human rights commission shall be removed from office only for the reasons specified in article (a) and in the manner specified in article (b): on the ground of misconduct, incapacity or incompetence; and a finding to that effect by a committee of the people's majlis pursuant to article (a), and upon the approval of such finding by the people's majlis by a majority of those present and voting, calling for the member's removal from office, such member shall be deemed removed from office. 198. oath of office every member of the human rights commission shall take and subscribe the oath of office of members of the human rights commission set out in schedule 1 of this constitution before assuming office. part 5. anti-corruption commission 199. anti-corruption commission there shall be an anti-corruption commission of the maldives. the anti-corruption commission is an independent and impartial institution. it shall perform its duties and responsibilities in accordance with the constitution and any laws enacted by the people's majlis. the anti-corruption commission shall work to prevent and combat corruption within all activities of the state without fear. the anti-corruption commission shall function as provided for by the statute governing the anti-corruption commission. such statute shall specify the responsibilities, powers, mandate, qualifications, and ethical standards of members. the statute governing the anti-corruption commission shall provide a definition of corruption. 200. appointment and composition of the anti-corruption commission the anti-corruption commission shall comprise of at least five members including the chairman of the commission. the president shall appoint to the anti-corruption commission those persons approved by a majority of the members of the people's majlis present and voting, from the names submitted to the people's majlis as provided for in the statute governing the anti-corruption commission. 201. qualifications to be qualified for appointment to the anti-corruption commission, a person shall possess the educational qualifications, experience and recognized competence necessary to discharge the functions of the anti-corruption commission. members of the anti-corruption commission shall not engage in any other employment. 202. responsibilities and powers the anti-corruption commission's responsibilities and powers include the following: to inquire into and investigate all allegations of corruption; any complaints, information, or suspicion of corruption must be investigated; to recommend further inquiries and investigations by other investigatory bodies, and to recommend prosecution of alleged offences to the prosecutor general, where warranted; to carry out research on the prevention of corruption and to submit recommendations for improvement to relevant authorities regarding actions to be taken; to promote the values of honesty and integrity in the operations of the state, and to promote public awareness of the dangers of corruption; to perform any additional duties or functions specifically provided by law for the prevention of corruption. 203. term of office of members of the anti-corruption commission a member of the anti-corruption commission shall be appointed for one term of five years. the people's majlis can approve the renewal of the appointment for an additional term of not more than five years. 204. resignation from the anti-corruption commission a member of the anti-corruption commission may resign from office by writing under his hand addressed to the president, and the office shall become vacant when the resignation is received by the president. 205. quorum and voting a majority of the members of the anti-corruption commission shall constitute a quorum at a meeting of the anti-corruption commission, and any decision of the anti-corruption commission shall be taken by a majority of votes of the members present and voting. 206. salary and allowances the members of the anti-corruption commission shall be paid such salary and allowances as determined by the people's majlis. 207. removal from office a member of the anti-corruption commission shall be removed from office only for the reasons specified in article (a) and in the manner specified in article (b): on the ground of misconduct, incapacity or incompetence; and a finding to that effect by a committee of the people's majlis pursuant to article (a), and upon the approval of such finding by the people's majlis by a majority of those present and voting, calling for the member's removal from office, such member shall be deemed removed from office. 208. oath of office every member of the anti-corruption commission shall take and subscribe the oath of office of members of the anti-corruption commission set out in schedule1of this constitution before assuming office. part 6. auditor general 209. auditor general there shall be an independent and impartial auditor general of the maldives. the auditor general shall carry out his responsibilities and duties in accordance with the constitution and any laws passed by the people's majlis. 210. appointment of auditor general the president shall appoint as auditor general a person approved by a majority of the total membership of the people's majlis from the names submitted to the people's majlis as provided for in law. 211. qualifications of auditor general to be qualified for appointment as auditor general, a person shall possess the educational qualifications, experience and recognized competence necessary to discharge the responsibilities of the auditor general. the auditor general shall not engage in any other employment. a statute shall specify the responsibilities, powers, mandate, qualifications, and ethical standards of the auditor general. 212. responsibilities and powers the auditor general's responsibilities and powers include the following: audit, the accounts, financial statements and financial management and prepare and publish reports on: all government ministries; departments operating under government ministries; other government agencies and offices; all offices and organisations operating under the legislative authority; independent commissions and independent offices established in accordance with the constitution and law, and all offices operating under the same; all offices and organisations operating under the judicial authority; in addition to the institutions specified in article(a) any other institution or organisation required by law to be audited by the auditor general. subject to law, the auditor general may audit, report on and publish the accounts, financial statements and financial management of: any institution primarily funded by the state; any business entity, in which shares are owned by the state. 213. reporting the auditor general shall submit audit reports and an annual report to the president and the people's majlis, and to any other authority prescribed by law. 214. audit of the auditor generalâ��s office the office of the auditor general shall be audited as specified in law. 215. term of office of the auditor general the auditor general shall be appointed for one term of seven years. the appointment may be renewed for an additional term of not more than five years in accordance with the statute relating to the auditor general, by a resolution passed by a majority of the total membership of the people's majlis. 216. resignation of auditor general the auditor general may resign from office by writing under his hand addressed to the president, and the office shall become vacant when the resignation is received by the president. 217. salary and allowances the auditor general shall be paid such salary and allowances as determined by the people's majlis. 218. removal from office the auditor general shall be removed from office only for the reasons specified in article (a) and in the manner specified in article (b): on the ground of misconduct, incapacity or incompetence; and a finding to that effect by a committee of the people's majlis, pursuant to article (a) and upon the approval of such finding by the people's majlis by a majority of those present and voting, calling for the auditor general's removal from office, the auditor general shall be deemed removed from office. 219. oath of office the auditor general shall take and subscribe the oath of office of the auditor general set out in schedule 1 of this constitution before assuming office. part 7. prosecutor general 220. prosecutor general there shall be an independent and impartial prosecutor general of the maldives. the prosecutor general shall carry out his responsibilities and duties in accordance with the constitution and any laws passed by the people's majlis. the prosecutor general is independent and impartial, and he shall not be under the direction or control of any person or authority in carrying out his responsibilities and the exercise of his powers. he shall carry out his responsibilities and exercise his powers without fear, favour or prejudice, subject only to the general policy directives of the attorney general, and on the basis of fairness, transparency, and accountability. 221. appointment of prosecutor general the president shall appoint as prosecutor general a person approved by a majority of the total membership of the people's majlis from the names submitted to the people's majlis as provided for in law. 222. qualifications of prosecutor general to be qualified for appointment as prosecutor general, a person shall possess the educational qualifications, experience and recognized competence necessary to discharge the responsibilities of the prosecutor general. the prosecutor general shall not engage in any other employment. 223. responsibilities and powers of the prosecutor general the prosecutor general's responsibilities and powers include the following: to supervise the prosecution of all criminal offences in the maldives; to consider and assess evidence presented by investigating bodies to determine whether charges should be pursued; to institute and conduct criminal proceedings against any person before any court in respect of any alleged offence; to oversee the legality of preliminary inquiries and investigations into alleged criminal activity; to monitor and review the circumstances and conditions under which any person is arrested, detained or otherwise deprived of freedom prior to trial; to order any investigation that he deems desirable into complaints of criminal activity or into any other criminal activity of which he becomes aware; to take over, review and continue any criminal proceedings instituted by any prosecuting body authorized to initiate prosecutions pursuant to a law enacted by the people's majlis, and at his discretion to discontinue any criminal proceedings at any stage prior to judgment; to review or revert any decision to prosecute or not to prosecute any alleged offender, or to discontinue any prosecution; to appeal any judgment, verdict or decision in a criminal matter; to issue policy directives which shall be observed in the entire prosecutorial process; to uphold the constitutional order, the law, and the rights and freedoms of all citizens. 224. acting through agents the responsibilities and powers of the prosecutor general may be assigned with his express instructions, to any person working under his mandate or to any other person. 225. term of office of the prosecutor general the prosecutor general shall be appointed for one term of five years. the people's majlis can approve the renewal of the appointment for an additional term of not more than five years in accordance with the statute relating to the prosecutor general. 226. resignation of prosecutor general the prosecutor general may resign from office by writing under his hand addressed to the president, and the office shall become vacant when the resignation is received by the president. 227. salary and allowances the prosecutor general shall be paid such salary and allowances as determined by the people's majlis. 228. removal from office the prosecutor general shall be removed from office only for the reasons specified in article (a) and in the manner specified in article (b): on the ground of misconduct, incapacity or incompetence; and a finding to that effect by a committee of the people's majlis, pursuant to article (a) and upon the approval of such finding by the people's majlis by a majority of those present and voting, calling for the prosecutor general's removal from office, the prosecutor general shall be deemed removed from office. 229. oath of office the prosecutor general shall take and subscribe the oath of office of the prosecutor general set out in schedule 1of this constitution before assuming office. chapter viii. decentralised administration 230. decentralised administration the administrative divisions of the maldives shall be administered decentrally. in order to provide for decentralised administration, the president has the power, as provided in law, to create constituencies, posts, island councils, atoll councils and city councils. the jurisdiction and characteristics of constituencies, posts and councils created to provide for decentralised administration shall be specified in law. 231. election of councils all members of councils created for decentralised administration shall be democratically elected by their respective communities by secret ballot. the president and the vice president of the councils elected to administer the administrative divisions shall be elected from among the members of each council by secret ballot of the members. the term of councils elected to administer the constituencies shall not exceed three years. the people's majlis shall enact a statute governing the election of members of councils created for decentralised administration. the elections of councils created for decentralised administration shall be conducted by the elections commission. 232. responsibilities the responsibilities of councils elected to provide for decentralised administration shall include: to provide democratic and accountable governance; to foster the social and economic well-being and development of the community; to establish a safe, healthy and ecologically diverse environment; to achieve such other objects as prescribed bylaw. 233. authority to enact subordinate legislation a bylaw or decision of a local authority shall be subject to acts or regulation of the people's majlis. 234. finance local authorities shall be provided with an annual budget from the treasury as provided in law, and shall also have authority, in accordance with statute, to raise funds. 235. ownership of property and liability for debts local authorities shall be empowered to own property and to incur liabilities, subject to any limitations prescribed by statute. chapter ix. security services 236. security services the maldivian security services, consisting of the military service and the police service, is established to enable all persons in the maldives to live in peace, security and freedom. 237. responsibilities and duties the security services shall protect the nation's sovereignty, maintain its territorial integrity defend the constitution and democratic institutions, maintain and enforce law and order, and render assistance in emergencies. 238. constitutional limitations the actions of the security services must be exercised in accordance with the constitution and the law, and operate on the basis of accountability. the president shall ensure that these obligations of the security services are complied with. 239. authority of the peopleâ��s majlis over the security services the people's majlis shall enact a statute on the organization of and the principles pursuant to which each security service shall operate. the security services shall be subject to the authority of the people's majlis. 240. separate services the security services shall be organized as two separate services, and shall operate independently of each other. 241. multiparty committee of the peopleâ��s majlis a committee of the people's majlis shall be established to exercise continuing oversight of the operations of the security services. the committee shall include representation from all the different political parties within the people's majlis. 242. ministerial responsibility each security service shall be under the responsibility of a minister, who shall be answerable for its operations to the president and to the people's majlis. 243. military service the primary object of the military service is to defend and protect the republic, its territorial integrity, its exclusive economic zone and the people. if the president, as commander in chief, authorizes or orders the employment of the military service in defence of the republic or as part of an international undertaking, the president shall without delay submit the authorization to the people's majlis. the people's majlis may at any time approve the authorization, or revoke the authorization. 244. police service the primary objects of the police service are: to maintain public order and safety; to protect and secure all people in the maldives, and their property; to investigate crime, conservation of evidence and prepare cases for disposition by the courts; and to uphold the law. 245. illegal orders and non-compliance no person shall give an illegal order to a member of the security services. members of the security services shall not obey a manifestly illegal order. 246. equal treatment members of the security services shall treat all persons and groups equally without any discrimination, and with humanity and dignity in accordance with the decorous principles of islam. members of the security services shall not engage in partisan political activity of any nature, and shall not affiliate themselves with any trade union or political party. chapter x. property, liabilities and legal actions of the state 247. property and assets owned and acquired by the state all property, assets and monies which at the commencement of this constitution were vested in the state shall continue to vest in the state. all property, assets and monies acquired for, or received by the state shall vest in the state. 248. land, sea and naturally occurring valuable resources the land, sea, and seabed, including all fish within the territory of the maldives, and all naturally occurring resources, including metallic ores, petroleum and gas, shall vest in the state. all living, non-living and naturally occurring resources of value within the exclusive economic zone and the seabed of the maldives shall vest in the state. 249. ownerless property any property found within the territory of the maldives and any property occurring in the seabed or found drifting in the sea, save those naturally occurring or formed in the sea, without a rightful owner, shall vest in the state. all property such as gold, silver, other precious metals, jewelry, money and items of historical interest, excavated within the territory of the maldives without a rightful owner, shall vest in the state. 250. transactions relating to state property any transfer, sale, lease, release, mortgage (to any person) or destruction of, any property or assets owned by the state, and any such other agreement, shall only be entered into in accordance with law. money, property or any other thing kept as a reserve in the state treasury shall be used only after approval by a resolution passed by a two-thirds majority of the total membership of the people's majlis. 251. prohibition of foreign ownership and foreign military purposes no foreign party, shall own or be given ownership of any part of the territory of the maldives. a foreign party shall not receive a lease of, or be given in any other way, any part of the territory of the maldives for a period exceeding ninety nine years. no part of the territory of the maldives shall be used for foreign military purposes without the approval of the majority of the total membership of the people's majlis. 252. legal actions in the name of the state except where specified in this constitution as the responsibility of another party, the executive may sue or be sued on behalf of the state, and may defend any action against the state, in any court of the maldives, in any foreign court, or in any other place. chapter xi. state of emergency 253. declaration of a state of emergency in the event of natural disaster, dangerous epidemic disease, war, threat to national security, or threatened foreign aggression, the president may declare a state of emergency in all or part of the country for a period not exceeding thirty days. 254. content of the declaration the declaration of a state of emergency shall specify the reasons for the declaration of an emergency, and include measures to deal with the emergency, which may include the temporary suspension of the operation of laws and infringement of certain fundamental rights and freedoms guaranteed by this constitution in chapter 2. 255. limitations of the declaration measures adopted in an emergency shall not contravene this article. measures adopted in an emergency shall not restrict the following rights and freedoms contained in the following articles of this constitution: article 21 (right to life); article 25 (no slavery or forced labour); article 27 (freedom of expression); article 28 (freedom of the media); article 42 (fair and transparent hearings); article 48 (b) (rights on arrest or detention); article 51 (rights of the accused); article 52 (confessions and illegal evidence); article 53 (assistance of legal counsel); article 54 (no degrading treatment or torture); article 55 (no imprisonment for non-fulfillment of contractual obligation); article 57 (humane treatment of arrested or detained persons); article 59 (retrospective legislation); article 60 (prohibition of double jeopardy); article 62 (retention of other rights); article 64 (non-compliance with unlawful orders). any infringement of rights and freedoms under this constitution and the law shall be only to the extent strictly required by the emergency. measures adopted in an emergency shall be consistent with the obligations of the maldives under international law applicable to states of emergency. 256. publication the declaration of a state of emergency shall be published in the government gazette within three days of its issuance. 257. submission of declaration to the peoples majlis the declaration of a state of emergency shall be submitted to the people's majlis within forty eight hours. if the people's majlis is not in session at the time of the declaration, it shall be re-called within fourteen days, inclusive of holidays, and the declaration of a state of emergency submitted to the people's majlis for approval. the people's majlis may at any time: approve the declaration in whole or in part; extend the operation of the declaration for periods not exceeding thirty days at a time; or revoke the declaration. where the president deems it necessary to extend the length of the state of emergency, he shall submit the extension to the people's majlis prior to the expiry of the state of emergency, and obtain the approval of the people's majlis for such extension. 258. determination of disputes relating to the declaration the supreme court shall determine any issues with regard to the validity in whole or part of the declaration or any law or order made pursuant to the emergency. 259. expiry or revocation of declaration when the declaration of a state of emergency expires or is revoked by the people's majlis, all laws promulgated pursuant to the declaration shall cease to have effect. 260. public announcement of expiry of state of emergency the president must publicly announce the expiration of the declaration of a state of emergency. chapter xii. amendment of the constitution 261. amendment of the constitution the constitution may be amended by a bill passed by a three quarters majority of the total membership of the people's majlis. 262. assent of president the bill amending the constitution passed by the people's majlis shall come into force upon obtaining the written assent of the president. despite the provisions of article (a) above, the president shall give written assent to any amendments made by the people's majlis to the following provisions of this constitution only after a public referendum decides so by a majority of the votes cast. any of the provisions contained in chapter ii(the maldivian charter of rights and freedoms) of this constitution; article 79(a) (term of majlis); article 107 (term of office), and article 108 (presidential election); where the amendment does not receive a majority approval in the public referendum, it shall be deemed to have been defeated. 263. publication in government gazette after assent by the president, the bill amending the constitution passed by the people's majlis shall come into force after publication in the government gazette and on a date fixed by the people's majlis. 264. non-assent by president and national referendum if the president does not assent to the bill amending the constitution passed by the people's majlis within fifteen days of receipt, the president shall inform the people's majlis specifying the reasons thereof. where the president does not inform the people's majlis of the reasons thereof within fifteen days of receipt the president shall be deemed to have assented to the bill. if the president does not assent to the bill amending the constitution passed by the people's majlis and so informs the people's majlis, the people's majlis may within a period determined by the people's majlis call for a public referendum to vote on the adoption or rejection of the bill if the bill is approved by a majority in the public referendum specified in article (b), the president shall assent to the bill within fifteen days and publish it in the government gazette. 265. defeat of bill where the bill amending this constitution passed by the people's majlis does not receive a majority approval in the public referendum, it shall be deemed to have been defeated. 266. provisions included in bill the bill amending the constitution may not include provisions other than constitutional amendments and matters connected with the amendment. 267. no amendment during emergency no amendment shall be made to any provision of the constitution during the existence of a state of emergency. chapter xiii. application and construction of the constitution 268. supremacy of the constitution all laws of the maldives must be enacted in accordance with this constitution. any law or part of any law inconsistent with this constitution is, to the extent of its inconsistency, void and of no force and effect. the obligations imposed by this constitution must be fulfilled. any conduct contrary to this constitution shall be invalid. 269. continuance of laws in force unless amended by the people's majlis, the laws in force at the time this constitution comes into force which are not inconsistent with this constitution shall continue to remain in force. 270. continued effect of repealed laws acts done pursuant to or in accordance with any law which is repealed upon the commencement of this constitution due to its inconsistency with this constitution, remain valid, and the repeal of any such law shall not affect any right or obligation of a person under such law or any punishment enforced under such law. 271. regulations enacted under authority of statute regulations derive their authority from laws passed by the people's majlis pursuant to which they are enacted, and are enforceable pursuant to such lawful authority. any regulations requiring compliance by citizens must only be enacted pursuant to authority granted by a law enacted by the people's majlis. 272. ascertainment of time terms, periods of times and dates in this constitution shall be ascertained in accordance with the gregorian calendar. 273. headings the table of contents, headings, and marginal notes are not part of this constitution but are inserted for convenience of reference only. 274. definitions in this constitution, unless the context otherwise requires, the following words and phrases shall have the following meanings: "present and voting" means, of those members participating in the meeting at which the voting occurs, being present at the time of voting and voting either in favour of, or against, the motion being voted upon. in determining the majority of those members present and voting, members who did not vote either for or against the motion shall not be counted; "a citizen" means, any person specified as a citizen of the maldives in article 9 of this constitution; "court" means, each and every place established by the constitution, or by a law enacted by the people's majlis, for the purpose of conducting a trial by a judge or bench of judges; "jurisdiction" means, the area and matters over which an authority has power to exercise influence; "election" means, those elections in which, pursuant to the law to govern administrative districts under the principles of decentralized governance, citizens vote to select members of various councils, as well as general elections held to select persons as members of the people's majlis and presidential elections held to select a person to fill the post of president of the republic. by-elections held to elect a person to any of the seats falling vacant comes within the meaning of elections; "tenet of islam" means, the holy qur'an and those principles of shari'ah whose provenance is not in dispute from among those found in the sunna of the noble prophet, and those principles derived from these two foundations; "islamic shari'ah" means, the holy qur'an and the ways preferred by the learned people within the community and followers of the sunnah in relation to criminal, civil, personal and other matters found in the sunna; "person" or "persons" shall include natural and legal personalities; "have a financial interest" means, doing anything in a manner that could increase his property or wealth, or safeguard his property or wealth from loss; "judge" means, those persons appointed in accordance with this constitution to conduct trials in the supreme court, high court or trial courts; "constitutional matter" means, proceedings where the determination of the meaning of an article of the constitution or any part thereof is required, or proceedings requiring a determination whether a law or any part thereof, or a regulation or any part thereof, or an order issued by a state authority, or an act committed, or a decision taken, by an official of that authority contravenes the constitution; "enemy" means, those foreign nationals who commit acts detrimental to the independence and sovereignty of the maldives. citizens are not included in the meaning of "enemies"; "law" means, those statutes enacted by the people's majlis and assented to by the president, and those regulations which are authorized by, and which fall within the ambit of, those statutes; "threat to national security" means a threat to the independence and sovereignty of the maldives, or a threat of major damage to people's lives, limbs or property. this includes terrorist attacks and acts of aggression committed using weapons. this, however, does not include the exercise by citizens of their legal rights to conduct peaceful activities in support of, or against various matters without contravening the law; "territorial integrity" means, the security of all persons, places and things within the territory of the maldives or any part thereof and the exclusive economic zone of the maldives, and the retention of the entirety of the territory of the maldives under the control of the maldivian state; "tribunal" means any institution not constituting a court, authorized by law to adjudicate cases where a dispute arises between two or more parties and to which an application is made for adjudication thereto; "tax" or "a tax" means, all monies levied by the government from an individual or organization or other legal entity for the purpose of raising revenue for the state, and excluding any charge, fee or rent levied in accordance with law for the provision of a service. in this constitution, words denoted in the singular tense include the plural tense and vice versa. chapter xiv. transitional matters 275. application of this chapter unless otherwise specifically provided in this chapter: the provisions set out in this chapter shall apply from the commencement of the constitution until the election of and assumption of office by the president and the people's majlis; and actions during the transitional period shall be as provided in this constitution. 276. elections commission a five member elections commission shall in the manner specified in this chapter, be appointed within thirty days of the commencement of this constitution. the members of the elections commission shall be appointed as follows:each of the political parties shall submit to the people's majlis one nomination for appointment to the elections commission; the people's majlis shall by resolution passed by a two-thirds majority of those present and voting confirm the appointment of five members to the elections commission from the nominations received from the political parties; where five members are not confirmed as provided for in article (b) (2), the political party or parties whose nominations were unsuccessful shall be given the opportunity to submit further nominations in numbers equal to the membership positions unfilled; where the nominations submitted by the political parties as provided for in article (a) falls short of five names; the political parties shall be afforded the opportunity to submit further names; the members of the elections commission shall appoint a chairman of the elections commission from amongst themselves; for the purposes of this chapter apolitical party shall mean a party which has held its elections and post bearers appointed to its posts. 277. vacancy in elections commission vacancies in the elections commission shall be filled in accordance with the provisions of this chapter on appointments to the elections commission. 278. qualifications of members of the elections commission the members of the elections commission established pursuant to this chapter shall possess the qualifications specified in article 169 of this constitution. a member of the elections commission shall not be a member of any political party. 279. responsibilities of the elections commission the responsibilities of the elections commission appointed pursuant to this chapter shall be to do all things necessary to conduct, manage, supervise and declare the results of the elections held pursuant to this chapter, perform actions relating to political parties, and such additional functions specified in this constitution to the extent required during the transitional period. 280. term of elections commission the elections commission appointed pursuant to this chapter shall continue until the appointment, by the people's majlis elected as specified in the chapter, "the people's majlis" (of this constitution), of a new elections commission as specified in the chapter, "independent commissions and independent offices" (of this constitution). 281. judicial service commission a judicial service commission composed of the following persons, shall be appointed within thirty days of the commencement of this constitution: a judge of the supreme court other than the chief justice, elected by the judges of the supreme court; a judge of the high court, elected by the judges of the high court; a judge of the trial courts, elected by the judges of the trial courts; a member of the people's majlis appointed by it; a member of the general public appointed by the people's majlis; the chair of the civil service commission; a person appointed by the president; a lawyer elected from among the lawyers licensed to practise in the maldives by themselves. despite the provisions of article (a), a judge from the supreme court shall only be appointed to the judicial service commission after appointment of judges to the supreme court as specified in this chapter. the judicial service commission appointed as provided in this chapter shall continue until constitution by the next elected people's majlis, of a judicial service commission as specified in this constitution. 282. supreme court a supreme court comprising of five judges, shall within forty five days of the commencement of this constitution, be appointed to deal with all legal disputes arising under this constitution and all matters coming to it on appeal from the high court. until the establishment of the supreme court as provided for in this chapter and appointment of a person to carry out the responsibilities of the chief justice as specified in article (c), the highest authority for the administration of justice in the maldives shall be a judge of the high court chosen from among themselves. until such time as the new people's majlis upon the recommendation of the judicial service commission constituted as specified for in this constitution, appoints a chief justice as provided for in article 147, the responsibilities of that office shall be administered by a judge chosen from within themselves by the judges appointed to the supreme court in the manner specified in this chapter. all matters pending on appeal to the president at the commencement of this constitution shall henceforth be dealt with and deemed to be pending before the supreme court. there shall be no further recourse of appeal from the high court to the president from then onwards. the supreme court established as provided for in this chapter, in formulating the principles applicable to the appeal process shall ensure that the following cases have the opportunity of appeal: those cases disposed of by the high court where the right of appeal has been lost between the commencement of this constitution and establishment of the supreme court pursuant to this chapter; those cases disposed of by the high court between the commencement of this constitution and establishment of the supreme court pursuant to this chapter; 283. appointment of judges to the supreme court the president as head of the state shall appoint judges to the supreme court established as specified in this chapter. the appointments shall be determined after consulting the judicial service commission and confirmation of the appointments by a two-thirds majority of the members of the people's majlis present and voting. the judges of the supreme court appointed pursuant to this chapter shall possess the qualifications specified in article 149 of this constitution. 284. term of supreme court the supreme court appointed pursuant to this chapter shall continue until the establishment of the supreme court as provided for in article 145 of this constitution. 285. continuation of judges all judges in office at the commencement of this constitution except for the chief justice shall continue in office until such time as a determination pursuant to this article. the judicial service commission established pursuant to article 157 of this constitution, shall within two years of the commencement of this constitution determine whether or not the judges in office at the said time, possess the qualification of judges specified in article 149. where it is determined as provided in article (b) that a judge does not possess a qualification or the qualifications specified in article 149, such judge shall cease to hold office. where it is determined as provided in article (b) that a judge possesses the qualifications specified in article 149, such judge shall be appointed as a judge under this constitution. except as provided in article (c), judges may only be removed from office as specified in article 154 of this constitution. 286. other courts all courts in existence at commencement of this constitution shall continue in existence until such time as new courts are established in accordance with article 141 of this constitution. 287. jurisdiction of the courts all matters pending before the supreme court established pursuant to this chapter and the courts in existence at commencement of this constitution shall henceforth be deemed to be pending before the courts established under this constitution. 288. prosecutor general the prosecutor general shall be appointed in the manner specified in this chapter within thirty days of the commencement of this constitution. until such time as the prosecutor general is appointed and assumes office, the responsibilities of the prosecutor general shall be carried out the by the attorney general. however the attorney general shall only carry out the responsibilities of the prosecutor general for a maximum period of thirty days. the president as head of the state shall appoint the prosecutor general as provided in article (a). the appointment shall be made by submission of a nomination to the people's majlis within fifteen days of the commencement of this constitution, and confirmation of the appointment by a two-thirds majority of the members of the people's majlis present and voting. 289. anti-corruption commission the anti-corruption commission shall in the manner specified in this constitution be appointed within sixty days of the commencement of this constitution. 290. independent commissions the elections commission, the anti-corruption commission and the prosecutor general shall in accordance with the provisions of this constitution, be appointed within sixty days of the first sitting of the first people's majlis elected under this constitution. 291. continuance of laws all laws in force at the time this constitution comes into force which are not inconsistent with this constitution shall continue to remain in force. 292. no amendment to the constitution no amendments may be made to the constitution until the first election of and assumption of office by the president and the people's majlis under this constitution. 293. commencement of this constitution this constitution shall come into force, after approval of the special majlis, assent by the president and publication in the government gazette. upon the commencement of this constitution, the "constitution of the republic of the maldives" which came into force on 1 january 1998 shall be repealed. despite the provisions of article (a), until such time as the election of the president and the people's majlis, the specific provisions of this chapter shall apply to the matters specified herein. 294. continuance of the peopleâ��s majlis the people's majlis in existence at the commencement of this constitution shall continue until such time as the first elections of the people's majlis under this constitution are held, and election of members and assumption of office by the members. the people's majlis shall at the first sitting after the ratification of this constitution, elect a speaker and a deputy speaker from its members by secret ballot. until such time as a speaker and a deputy speaker is elected the people's majlis shall be presided over by the consecutively longest serving member from among those present. where there are a number of members who have consecutively served the longest then the majlis shall be presided over by the member most senior by age of those having served consecutively the longest. whenever there is a vacancy among the members of the people's majlis, and there is a period of six months between the date of the vacancy and the first sitting of the first elected people's majlis, an election shall be held to elect a member to the vacancy. 295. responsibilities and powers of the peopleâ��s majlis the people's majlis shall carry out the following: to do all things necessary to facilitate the elections specified in this chapter in the manner provided herein; to determine what laws are contrary to the constitution and to do all things necessary for the repeal or amendment of such laws; to enact legislation required under this constitution; to deal with all routine legislative matters necessary for the functioning of the executive and the judiciary, and for the proper functioning and good governance of the maldives. the people's majlis shall continue to consider bills submitted prior to the commencement of this constitution, and not yet enacted, and any other matters if they are not contrary to the constitution. 296. election of the peopleâ��s majlis the first election of members to the people's majlis to be held under this constitution shall be held before 15 february 2009. the people's majlis elected in accordance with article (a) shall after taking and subscribing the oath of office and assumption of office, hold the first meeting of the first people's majlis elected under this constitution, before 1 march 2009. 297. continuance of other posts and institutions within two years of the commencement of this constitution, excepting matters specifically provided herein, elections or appointments to posts shall be finalised in accordance with the provisions of this constitution, and institutions specified in the constitution shall also be created or established. until such time as elections or appointments to posts specified in this constitution in the manner provided in this chapter or this constitution are finalised, persons elected or appointed at the commencement of this constitution shall continue in office. until such time as creation of institutions specified in this constitution in the manner provided in this chapter or this constitution, institutions created or established at the commencement of this constitution shall continue. 298. decentralised administration in order to provide for decentralised administration of the administrative divisions of the maldives, elections to island councils, atoll councils and city councils as provided for in this constitution shall be held before 1 july 2009. 299. obedience to the constitution the executive, the people's majlis, the judiciary, the independent commissions and persons in independent offices, all state institutions, all persons in any state post and all citizens shall comply with the provisions of the constitution upon its commencement. the non-existence of a law shall not be an excuse for the infringement of any fundamental right or freedom under the constitution. despite the provisions of article (a):the people's majlis shall identify laws inconsistent with the constitution at its commencement and approve a course of action until such inconsistent laws or parts thereof can be amended or repealed. the executive shall within thirty days of the commencement of this constitution draw up a list of such laws or part thereof and submit it to the people's majlis. within ninety days of the commencement of this constitution, the people's majlis shall draw up and approve a schedule for amending or revoking such laws. the people's majlis shall until the enactment and commencement of laws required to give effect to this constitution, approve a course of action in relation to these matters. the executive shall within thirty days of the commencement of this constitution draw up a list of such laws and submit it to the people's majlis. within ninety days of the commencement of this constitution, the people's majlis shall draw up and approve a schedule for enactment and commencement of such laws. 300. continuation in office of the president and the cabinet of ministers until such time as the first presidential elections under this constitution are held and a person elected to and assumes the post of president, the person holding the post of president at the commencement of this constitution shall continue in office. until such time as the first presidential elections under this constitution are held and a person elected to and assumes the post of president, the cabinet of ministers appointed by the person holding the post of president at the commencement of this constitution shall continue in office. the president has the discretion to make changes to the cabinet of ministers. the cabinet of ministers appointed after the first presidential elections held pursuant to this constitution shall not contain any members of the people's majlis. 301. presidential election the first presidential elections to be held under this constitution shall be held before 10 october 2008. the president elected in accordance with article (a) shall take and subscribe the oath of and assume office on 11 november 2008. schedule 1. oaths of office 1. oath of office of president i, ...(name of person)..., do swear in the name of almighty allah that i will respect the religion of islam, that i will uphold the constitution of the republic of maldives and the fundamental rights of the maldivian citizens, that i will bear true faith and allegiance to the republic of maldives, and will discharge the duties and responsibilities of the office of president honestly and faithfully in accordance with the constitution and laws of the republic of maldives. 2. oath of office of vice president i, ...(name of person)..., do swear in the name of almighty allah that i will respect the religion of islam, that i will uphold the constitution of the republic of maldives and the fundamental rights of the maldivian citizens, that i will bear true faith and allegiance to the republic of maldives, and will discharge the duties and responsibilities of the office of vice president honestly and faithfully in accordance with the constitution and laws of the republic of maldives. 3. oath of office of members of the cabinet i, ...(name of person)..., do swear in the name of almighty allah that i will respect the religion of islam, that i will uphold the constitution of the republic of maldives and the fundamental rights of the maldivian citizens, that i will bear true faith and allegiance to the republic of maldives, and will discharge the duties and responsibilities entrusted to me by the president and my duties and responsibilities as cabinet minister/attorney general honestly and faithfully in accordance with the constitution and laws of the republic of maldives. 4. oath of office of members of the people's majlis i, ...(name of person)..., do swear in the name of almighty allah that i will respect the religion of islam, that i will uphold the constitution of the republic of maldives and the fundamental rights of the maldivian citizens, that i will bear true faith and allegiance to the republic of maldives, and will discharge my duties and responsibilities as a member of the people's majlis honestly and faithfully in accordance with the constitution and the laws of the republic of maldives. 5. oath of office of chief justice and judges i, ...(name of person)..., do swear in the name of almighty allah that i will respect the religion of islam, that i will uphold the constitution and the laws of the republic of maldives, that i will uphold the fundamental rights of the maldivian citizens and will discharge the duties and responsibilities of chief justice/judge honestly and faithfully in accordance with the constitution and laws of the republic of maldives. 6. oath of office of members of independent commissions and independent offices i, ...(name of person)..., do swear in the name of almighty allah that i will respect the religion of islam, that i will uphold the constitution of the republic of maldives, that i will bear true faith and allegiance to the maldives, that i will uphold the fundamental rights of the maldivian citizens and will discharge the duties and responsibilities of auditor general/prosecutor general/membership of the elections commission/membership of the judicial service commission/membership of the human rights commission/membership of the civil service commission/membership of the anti-corruption commission honestly and faithfully in accordance with the constitution and laws of the republic of maldives. schedule 2. administrative divisions maleâ�� (including villingilli and hulhumaleâ��) ha thiladhunmathi uthuruburi hdh thiladhunmathi dhekunuburi sh miladhunmadhulu uthuruburi n miladhunmadhulu dhekunuburi r maalhosmadhulu uthuruburi b maalhosmadhulu dhekunuburi lh faadhippolhu k maleâ�� atoll aa ari atoll uthuruburi adh ari atoll dhekunuburi v felidhe atoll m mulakatoll f nilandhe atholhu uthuruburi dh nilandhe atholhu dhekunuburi th kolhumadulu l haddhunmathi ga huvadhu atholhu uthuruburi gdh huvadhu atholhu dhekunuburi gn fuvammulah s addu atoll schedule 3. national flag 1. national flag [image] 2. composition of national flag as provided in article 12 of this constitution, the national flag of the republic of maldives comprises of a green rectangle with a white crescent in the centre, the green rectangle being surrounded by a red border. 3. dimensions the width of the national flag is two-thirds of its length. the width of the red border is one-fourth of the width of the flag. the radii of both curvatures crescent are one-third of the width of the green rectangle. they are drawn from two points on a centre line across the length of the green rectangle, the first point being nine-sixteenth and the second at five-eighths of the length, measured from the side nearer to the staff, joining together to form a crescent. when the flag is hoisted the curvature of the crescent should face out. 4. colours green-british admiralty colour code no. t 1143 for nylon worsted bunting and no. t 817 a for other bunting. red-british admiralty colour code no. t 1144 for nylon worsted bunting and no. t 818 a for other bunting. white-british admiralty colour code no. t1145 for nylon worsted bunting and t 819 a for other bunting. i historical foundations the millennial identity of the croatia nation and the continuity of its statehood, confirmed by the course of its entire historical experience within different forms of states and by the preservation and growth of the idea of a national state, founded on the historical right of the croatian nation to full sovereignty, manifested in: the formation of croatian principalities in the seventh century; the independent mediaeval state of croatia founded in the ninth century; the kingdom of croats established in the tenth century; the preservation of the identity of the croatian state in the croatian-hungarian personal union; the independent and sovereign decision of the croatian parliament (sabor) of 1527 to elect a king from the habsburg dynasty; the independent and sovereign decision of the croatian parliament of the pragmatic sanction of 1712; the conclusions of the croatian parliament of 1848 regarding the restoration of the triune kingdom of croatia under the authority of the banus grounded on the historical, national and natural right of the croatian nation; the croatian-hungarian compromise of 1868 on the relations between the kingdom of dalmatia, croatia and slavonia and the kingdom of hungary, grounded on the legal traditions of both states and the pragmatic sanction of 1712; the decision of the croatian parliament of 29 october 1918 to dissolve state relations between croatia and austria-hungary and the simultaneous affiliation of independent croatia, invoking its historical and natural right as a nation, with the state of slovenes, croats and serbs, proclaimed on the former territory of the habsburg monarchy; the fact that the croatian parliament had never sanctioned the decision of the national council of the state of slovenes, croats and serbs to unite with serbia and montenegro in the kingdom of serbs, croats and slovenes (1 december 1918), subsequently (3 october 1929) proclaimed the kingdom of yugoslavia; the establishment of the home rule (banovina) of croatia in 1939, by which croatian state identity was restored within the kingdom of yugoslavia, establishing the foundations of state sovereignty during the course of the second world war, by the decisions of the antifascist council of national liberation of croatia (1943), as opposed to the proclamation of the independent state of croatia (1941), and subsequently in the constitution of the people's republic of croatia (1947) and all later constitutions of the socialist republic of croatia (1963-1990), on the threshold of the historical changes, marked by the collapse of the communist system and changes in the european international order, the croatian nation by its freely expressed will at the first democratic elections (1990) reaffirmed its millennial statehood. the new constitution of the republic of croatia (1990) and the victory of the croatian nation and croatia’s defenders in the just, legitimate and defensive war of liberation, the homeland war (1991-1995), wherein the croatian nation demonstrated its resolve and readiness to establish and preserve the republic of croatia as an independent and autonomous, sovereign and democratic state. considering the presented historical facts and universally accepted principles of the modern world, as well as the inalienable and indivisible, non-transferable and non-exhaustible right of the croatian nation to self-determination and state sovereignty, including its fully maintained right to secession and association, as basic provisions for peace and stability of the international order, the republic of croatia is hereby established as the nation state of the croatian nation and the state of the members of its national minorities: serbs, czechs, slovaks, italians, hungarians, jews, germans, austrians, ukrainians, rusyns, bosniaks, slovenians, montenegrins, macedonians, russians, bulgarians, poles, roma, romanians, turks, vlachs, albanians and others who are its citizens and who are guaranteed equality with citizens of croatian nationality and the exercise of their national rights in compliance with the democratic norms of the united nations and the countries of the free world. respecting the will of the croatian nation and all citizens, resolutely expressed in the free elections, the republic of croatia is hereby founded and shall develop as a sovereign and democratic state in which equality, freedoms and human rights are guaranteed and ensured, and their economic and cultural progress and social welfare promoted. ii. basic provisions article 1 the republic of croatia is a unitary and indivisible democratic and social state. power in the republic of croatia derives from the people and belongs to the people as a community of free and equal citizens. the people shall exercise this power through the election of representatives and through direct decision-making. article 2 the sovereignty of the republic of croatia is inalienable, indivisible and non-transferable. the sovereignty of the republic of croatia includes its land area, rivers, lakes, canals, internal maritime waters, territorial sea, and the air space above these. the republic of croatia shall exercise its sovereign rights and jurisdiction in the maritime areas and the seabed and subsoil thereof of the adriatic sea outside the state territory up to the borders with its neighbors in accordance with international law. the croatian parliament (sabor) or the people directly shall, independently and in accordance with the constitution and law, decide: on the regulation of economic, legal and political relations in the republic of croatia on the preservation of natural and cultural wealth and its utilization on association into alliances with other states. the republic of croatia may conclude alliances with other states, retaining its sovereign right to decide on the powers to be delegated and the right freely to withdraw from such associations. article 3 freedom, equal rights, national equality and equality of genders, love of peace, social justice, respect for human rights, inviolability of ownership, conservation of nature and the environment, the rule of law, and a democratic multiparty system are the highest values of the constitutional order of the republic of croatia and the ground for interpretation of the constitution. article 4 in the republic of croatia government shall be organized on the principle of separation of powers into the legislative, executive and judicial branches, but limited by the right to local and regional self-government guaranteed by this constitution. the principle of separation of powers includes the forms of mutual cooperation and reciprocal checks and balances provided by the constitution and law. article 5 in the republic of croatia laws shall comply with the constitution, and other rules and regulations shall comply with the constitution and law. everyone shall abide by the constitution and law and respect the legal order of the republic of croatia. article 6 formation of political parties is free. internal organization of political parties shall be in accordance with the fundamental constitutional democratic principles. parties shall publicize the accounts on sources of their assets and property. political parties which by their programs or violent activities aim to demolish the free democratic order endanger the existence of the republic of croatia are unconstitutional. the decision on unconstitutionality shall be made by the constitutional court of the republic of croatia. the status and financing of political parties shall be regulated by law. article 7 the armed forces of the republic of croatia shall protect its sovereignty and independence and defend its territorial integrity. assistance in the protection of sovereignty and independence and defence of territorial integrity may also be rendered to the republic of croatia by allied states pursuant to ratified international treaties. the armed forces of allied states may cross the national border and enter the republic of croatia or operate within the national borders thereof as stipulated under ratified international treaties, pursuant to a decision by the government of the republic of croatia with the prior consent of the president of the republic of croatia. the republic of croatia may render assistance to allied states in case of armed aggression on one or more thereof as stipulated under ratified international treaties, pursuant to a decision of the croatian parliament proposed by the government of the republic of croatia with the prior consent of the president of the republic of croatia. the armed forces of the republic of croatia may cross its national borders or operate across its borders pursuant to a decision of the croatian parliament proposed by the government of the republic of croatia with the prior consent of the president of the republic of croatia. the decision specified in paragraphs (3), (4) and (5) of the article shall be made by the croatian parliament by a majority vote of all of its members. insofar as the president of the republic of croatia denies the consent specified in paragraphs (3), (4) and (5) of this article, the croatian parliament shall make the decision by a two-thirds majority of votes of all of its members. the armed forces of the republic of croatia may cross the national borders of the republic of croatia for the purpose of military exercises and training within the framework of international organisations to which the republic of croatia has acceded or is in the process of acceding pursuant to international treaties and for the purpose of rendering humanitarian assistance, pursuant to a decision by the government of the republic of croatia with the prior consent of the president of the republic of croatia. the armed forces of allied states may cross the national borders of the republic of croatia for the purpose of military exercises and training within the framework of international organisations to which the republic of croatia has acceded or is in the process of acceding pursuant to international treaties and for the purpose of rendering humanitarian assistance, pursuant to a decision by the government of the republic of croatia with the prior consent of the president of the republic of croatia. under the circumstances specified in articles 17 and 101 of the constitution, the armed forces may, if necessitated by the nature of a threat, be deployed to assist the police and other state bodies. the armed forces of the republic of croatia may also be deployed to assist fire fighting and rescue operations and surveillance and protection of the rights of the republic of croatia at sea. the defence structure, chain of command, administration and democratic oversight of the armed forces of the republic of croatia shall be regulated by the constitution and law. article 8 the borders of the republic of croatia may only be altered by a decision of the croatian parliament. article 9 croatian citizenship, its acquisition and termination shall be regulated by law. no croatian citizen shall be exiled from the republic of croatia or deprived of citizenship, nor extradited to another state, except in case of execution of a decision on extradition or surrender made in compliance with international treaty or the acquis communautaire of the european union. article 10 the republic of croatia shall protect the rights and interests of its citizens living or residing abroad, and shall promote their links with the homeland. parts of the croatian nation in other states shall be guaranteed special concern and protection by the republic of croatia. article 11 the coat-of-arms of the republic of croatia is the historic croatian coat-of-arms whose base consists of 25 alternating red and white (argent) fields. the flag of the republic of croatia consists of three colors: red, white and blue, with the historic croatian coat-of-arms in the center. the anthem of the republic of croatia is "our beautiful homeland" (lijepa naša domovino). the description of the historic croatian coat-of-arms and flag, the text of the anthem, and the use of these and other state symbols shall be regulated by law. article 12 the croatian language and the latin script shall be in official use in the republic of croatia. in individual local units, another language and the cyrillic or some other script may be introduced into official use along with the croatian language and the latin script under conditions specified by law. article 13 the capital of the republic of croatia is zagreb. status, jurisdiction and organization of the capital city of zagreb shall be regulated by law. iii. protection of human rights and fundamental freedoms 1. general provisions article 14 everyone in the republic of croatia shall enjoy rights and freedoms, regardless of race, color, gender, language, religion, political or other belief, national or social origin, property, birth, education, social status or other characteristics. all shall be equal before the law. article 15 members of all national minorities shall have equal rights in the republic of croatia. equality and protection of the rights of national minorities shall be regulated by the constitutional act which shall be adopted in the procedure provided for the organic law. besides the general electoral right, the special right of the members of national minorities to elect their representatives into the croatian parliament may be provided by law. members of all national minorities shall be guaranteed freedom to express their nationality, freedom to use their language and script, and cultural autonomy. article 16 freedoms and rights may only be restricted by law in order to protect freedoms and rights of others, public order, public morality and health. every restriction of freedoms or rights shall be proportional to the nature of the necessity for restriction in each individual case. article 17 during a state of war or an immediate threat to the independence and unity of the state, or in the event of severe natural disasters, individual freedoms and rights guaranteed by the constitution may be restricted. this shall be decided by the croatian parliament by a two-thirds majority of all members or, if the croatian parliament is unable to meet, at the proposal of the government and upon the counter-signature of the prime minister, by the president of the republic. the extend of such restrictions shall be adequate to the nature of the danger, and may not result in the inequality of persons in respect of race, color, gender, language, religion, national or social origin. not even in the case of an immediate threat to the existence of the state may restrictions be imposed on the application of the provisions of this constitution concerning the right to life, prohibition of torture, cruel or degrading treatment or punishment, on the legal definitions of penal offenses and punishments, or on freedom of thought, conscience and religion. article 18 the right to appeal against the first instance decisions made by courts or other authorities shall be guaranteed. the right to appeal may exceptionally be excluded in cases specified by law, if other legal remedies are ensured. article 19 individual decisions of administrative agencies and other bodies vested with pubic authority shall be grounded on law. judicial review of decisions made by administrative agencies and other bodies vested with public authority shall be guaranteed. article 20 anyone who violates the provisions of the constitution concerning the human rights and fundamental freedoms shall be held personally responsible and may not be exculpated by invoking a superior order. 2. personal and political freedoms and rights article 21 every human being has the right to life. in the republic of croatia there shall be no capital punishment. article 22 freedom and personality of everyone shall be inviolable. no one shall be deprived of liberty, nor may his liberty be restricted, except upon a court decision in accordance with law. article 23 no one shall be subjected to any form of maltreatment or, without his consent, to medical or scientific experimentation. forced and compulsory labor shall be forbidden. article 24 no one shall be arrested or detained without a court warrant. such a warrant shall be read and served on the person being arrested. the police may arrest a person without a warrant when the person is reasonably suspected of having committed a serious criminal offence defined by law. the arrested person shall be promptly informed, in understandable terms, of the reasons for the arrest and of his rights determined by law. any person arrested or detained shall have the right to take proceedings before a court, which shall decide without delay on the legality of the arrest. article 25 all arrested and convicted persons shall be treated humanely and their dignity shall be respected. anyone who is detained and accused of a criminal offence shall have the right to be brought before the court within the shortest term specified by law and to be acquitted or sentenced within the statutory term. a detainee may be released on legal bail to defend himself. any person who has been illegally deprived of liberty or convicted shall, in conformity with law, be entitled to damages and a public apology. article 26 all citizens of the republic of croatia and aliens shall be equal before the courts, government bodies and other bodies vested with pubic authority. article 27 the bar, as an autonomous and independent service, shall provide everyone with legal aid, in conformity with law. article 28 everyone shall be presumed innocent and my not be considered guilty of a criminal offence until his guilt has been proved by a final court judgment. article 29 everyone shall have the right to the independent and fair trial provided by law which shall, within a reasonable term, decide upon his rights and obligations, or upon the suspicion or the charge of a penal offence. in the case of suspicion or accusation for a penal offence, the suspected, accused or prosecuted person shall have the right: to be informed in detail, and in the language he understands, within the shortest possible term, of the nature and reasons for the charges against him and of the evidence incriminating him, to have adequate time and opportunity to prepare his defense, to a defense counsel and free communication with him, and to be informed of this right, to defend himself in person or with the assistance of a defense counsel of his own choice, and if he lacks resources to engage a counsel, to have a free counsel under the terms specified by law, to be tried in his presence if he is accessible to the court, to interrogate or have the prosecution witnesses interrogated and to demand the presence and hearing of the defense witnesses under the same circumstances as for the witnesses for the prosecution, to free assistance of an interpreter if he does not understand the language used in the court. the suspected, accused and prosecuted person shall not be forced to confess his guilt. evidence illegally obtained shall not be admitted in court proceedings. criminal proceedings shall only be initiated before the court of justice upon the demand of an authorized prosecutor. article 30 the sentence for a serious and exceptionally dishonorable criminal offence may, in conformity with law, have as a consequence the loss of acquired rights or a ban on acquiring, for a specific period of time, certain rights relating to the conduct of specific affairs, if this is required for the protection of the legal order. article 31 no one shall be punished for an act which before its commission was not defined as a punishable offence by law or international law, nor may he be sentenced to a penalty which was not defined by law. if a less severe penalty is determined by law after the commission of an act, such penalty shall be imposed. no one may be tried anew nor punished in criminal proceedings for an act for which he has already been acquitted or sentenced by a final court judgment in accordance with law. the cases and reasons for the renewal of court proceedings under section 2 of this article may be provided only by law, in accordance with the constitution and an international agreement. the statute of limitations shall not apply to the criminal offences of war profiteering, nor any criminal offences perpetrated in the course of economic transformation and privatization and perpetrated during the period of the homeland war and peaceful reintegration, wartime and during times of clear and present danger to the independence and territorial integrity of the state, as stipulated by law, or those not subject to the statute of limitations under international law. any gains obtained by these acts or in connection therewith shall be confiscated. article 32 anyone lawfully within the territory of the republic of croatia shall enjoy the liberty of movement and freedom to choose his residence. every citizen of the republic of croatia shall have the right to leave the state territory at any time and settle abroad permanently or temporarily, and to return to his homeland at any time. the liberty of movement within the republic of croatia and the right to enter or leave it may exceptionally be restricted by law, if this is necessary to protect the legal order, or health, rights and freedoms of others. article 33 foreign citizens and stateless persons may obtain asylum in the republic of croatia, unless they are prosecuted for non-political crimes and activities contrary to the basic principles of international law. no alien lawfully within the territory of the republic of croatia shall be expelled or extradited to another state, except in pursuance of a decision made in accordance with a treaty and law. article 34 homes shall be inviolable. only a court may order the search of a home or other premises, issuing a warrant with the statement of reasons, in conformity with law. the tenant or his representative shall have the right to be present at the search of his home or other premises in the compulsory presence of two witnesses. under the conditions provided by law, the police authorities may enter a person's home or premises and carry out a search in the absence of witnesses even without a court warrant or consent of the tenant, if this is indispensable to enforce an arrest warrant or to apprehend the offender, or to prevent serious danger to life and health of people or major property. a search aimed at finding or securing evidence for which there is grounded probability to be found in the home of the perpetrator of a criminal offence may only be carried out in the presence of witnesses. article 35 everyone shall be guaranteed respect for and legal protection of personal and family life, dignity, reputation and honor. article 36 freedom and privacy of correspondence and all other forms of communication shall be guaranteed and inviolable. restrictions necessary for the protection of the state security and the conduct of criminal proceedings may only be prescribed by law. article 37 everyone shall be guaranteed the safety and secrecy of personal data. without consent from the person concerned, personal data may be collected, processed and used only under conditions specified by law. protection of data and supervision of the work of information systems in the state shall be regulated by law. the use of personal data contrary to the purpose of their collection shall be prohibited. article 38 freedom of thought and expression shall be guaranteed. freedom of expression shall specifically include freedom of the press and other media of communication, freedom of speech and public expression, and free establishment of all institutions of public communication. censorship shall be forbidden. journalists shall have the right to freedom of reporting and access to information. the right to access to information held by any public authority shall be guaranteed. restrictions on the right to access to information must be proportionate to the nature of the need for such restriction in each individual case and necessary in a free and democratic society, as stipulated by law. the right to correction shall be guaranteed to anyone whose constitutional and legal rights have been violated by public information. article 39 any call for or incitement to war, or resort to violence, national, racial or religious hatred, or any form of intolerance shall be prohibited and punishable by law. article 40 freedom of conscience and religion and freedom to manifest religion and other convictions shall be guaranteed. article 41 all religious communities shall be equal before the law and shall be separated from the state. religious communities shall be free, in conformity with law, publicly to perform religious services, to open schools, educational and other institutions, social and charitable institutions and to manage them, and shall in their activity enjoy the protection and assistance of the state. article 42 everyone shall be guaranteed the right of public assembly and peaceful protest, in conformity with law. article 43 everyone shall be guaranteed the right to freedom of association for the purposes of protection of their interests or promotion of their social, economic, political, national, cultural and other convictions and objectives. for this purpose, everyone may freely form trade unions and other associations, join them or leave them, in conformity with law. the exercise of this right shall be restricted by the prohibition of any violent threat to the democratic constitutional order and independence, unity and territorial integrity of the republic of croatia. article 44 every citizen of the republic of croatia shall have the right, under equal conditions, to take part in the conduct of public affairs, and to have access to public services. article 45 all croatian citizens who have reached the age of eighteen years (voters) shall be entitled to universal and equal suffrage in elections for the croatian parliament, the president of the republic of croatia and the european parliament and in decision-making procedures by national referendum, in compliance with law. in elections for the croatian parliament, voters who do not have registered domicile in the republic of croatia shall be entitled to elect three representatives in compliance with law. in elections for the croatian parliament, the president of the republic of croatia and the european parliament and in decision-making procedures by national referendum, suffrage shall be exercised in direct elections by secret ballot, wherein voters who do not have registered domicile in the republic of croatia shall vote at polling stations in the premises of diplomatic-consular offices of the republic of croatia in the foreign countries in which they reside. in elections for the croatian parliament, the president of the republic of croatia and the european parliament and in decision-making procedures by national referendum, the republic of croatia shall secure exercise of suffrage for its citizens with registered domicile in the republic of croatia who are outside of its borders during elections such that they may vote in diplomatic-consular offices of the republic of croatia in the foreign countries in which they located or in some other manner as specified by law. article 46 everyone shall have the right to submit petitions and complaints, to make proposals to government and other public bodies, and to receive answers too. article 47 military service and the defense of the republic of croatia shall be the duty of every capable citizen of the republic of croatia. conscientious objection shall be allowed to all those who for religious or moral reasons are not willing to participate in the performance of military service in the armed forces. such persons shall be obliged to perform other duties specified by law. 3. economic, social and cultural rights article 48 the right of ownership shall be guaranteed. ownership implies obligations. owners and users of property shall contribute to the general welfare. a foreign person may acquire property under conditions spelled out by law. the right of inheritance shall be guaranteed. article 49 entrepreneurial and market freedom shall be the basis of the economic system of the republic of croatia. the state shall ensure all entrepreneurs an equal legal status on the market. abuse of monopoly position defined by law shall be forbidden. the state shall stimulate the economic progress and social welfare and shall care for the economic development of all its regions. the rights acquired through the investment of capital shall not be diminished by law, or by any other legal act. foreign investors shall be guaranteed free transfer and repatriation of profits and the capital invested. article 50 property may, in the interest of the republic of croatia, be restricted or expropriated by law upon payment of compensation equal to its market value. the exercise of entrepreneurial freedom and property rights may exceptionally be restricted by law for the purposes of protecting the interests and security of the republic of croatia, nature, the environment and public health. article 51 everyone shall participate in the defrayment of public expenses in accordance with his or her economic capabilities. the system of taxation shall be based on the principles of equality and equity. article 52 the sea, seashore and islands, waters, air space, mineral wealth and other natural resources, as well as land, forests, fauna and flora, other parts of nature, real estate and goods of special cultural, historic, economic or ecological significance which are specified by law to be of interest to the republic of croatia shall enjoy its special protection. the way in which goods of interest to the republic of croatia may be used and exploited by bearers of rights to them and by their owners, and compensation for the restrictions imposed on them, shall be regulated by law. article 53 the croatian national bank shall be the central bank of the republic of croatia. the croatian national bank shall be autonomous and independent, and shall report on its work to the croatian parliament. the croatian national bank shall be managed and its operations shall be conducted by the governor of the croatian national bank. the organisation, purpose, tasks and remit of the croatian national bank shall be governed by law. article 53a the state audit office shall be the supreme audit institution of the republic of croatia, and shall be autonomous and independent in its work. the state audit office shall be managed by the auditor general, who shall report on its work to the croatian parliament. the establishment, organisation, purview and operation of the state audit office shall be governed by law. article 54 everyone shall have the right to work and enjoy the freedom of work. everyone shall be free to choose his vocation and occupation, and all jobs and duties shall be accessible to everyone under the same conditions. article 55 every employee shall have the right to a fair remuneration, such as to ensure a free and decent standard of living to him and his family. maximum working hours shall be regulated by law. every employee shall have the right to a weekly rest and annual holidays with pay, and these rights may not be renounced. employees may, in conformity with law, participate in decisionmaking in the enterprise. article 56 the right of employees and of members of their families to social security and social insurance shall be regulated by law and collective agreements. rights in connection with child-birth, maternity and child care shall be regulated by law. article 57 the state shall ensure the right to assistance for weak, helpless and other persons unable to meet their basic needs owing to unemployment or incapacity to work. the state shall devote special care to the protection of persons with disabilities and their integration into social life. the state shall devote special care to the protection of croatian war veterans and disabled croatian war veterans, as well as the widows, parents and children of fallen croatian war veterans. receiving humanitarian aid from abroad may not be forbidden. article 58 everyone shall be guaranteed the right to health care, in conformity with law. article 59 in order to protect their economic and social interests, all employees shall have the right to form trade unions and shall be free to join and leave them. trade unions may form their federations and join international trade union organizations formation of trade unions in the armed forces and the police may be restricted by law. employers shall have the right to form associations and shall be free to join or leave them. article 60 the right to strike shall be guaranteed. the right to strike may be restricted in the armed forces, the police, the public administration and the public services as specified by law. article 61 the family shall enjoy special protection of the state. marriage is a living union between a woman and a man. marriage and legal relations in marriage, common-law marriage and families shall be regulated by law. article 62 the state shall protect maternity, children and young people, and shall create social, cultural, educational, material and other conditions promoting the right to a decent life. article 63 parents shall have the duty to bring up, support and educate their children, and shall have the right and freedom to decide independently on the upbringing of their children. parents shall be responsible for ensuring the right of their children to a full and harmonious development of their personalities. physically and mentally disabled and socially neglected children shall have the right to special care, education and welfare. children shall be bound to take care of their old and helpless parents. the state shall take special care of parentless minors or parentally neglected children. article 64 everyone shall have the duty to protect children and helpless persons. children may not be employed before reaching the legally determined age, nor may they be forced or allowed to do work which is harmful to their health or morality. young people, mothers and persons with disabilities shall be entitled to special protection at work. article 65 in the republic of croatia, everyone shall have access to education under equal conditions and in accordance with his/her aptitudes. compulsory education shall be free, in conformity with law. article 66 under conditions specified by law, private schools and educational institutions may be established. article 67 the autonomy of universities shall be guaranteed. universities shall independently decide on their organization and work in conformity with law. article 68 freedom of scientific, cultural and artistic creativity shall be guaranteed. the state shall stimulate and assist the development of science, culture and the arts. the state shall protect scientific, cultural and artistic goods as national spiritual values. protection of moral and material rights deriving from scientific, cultural, artistic, intellectual and other creative activities shall be guaranteed. the state shall promote and assist care of physical education and sport. article 69 everyone shall have the right to a healthy life. the state shall ensure conditions for a healthy environment. everyone shall be bound, within their powers and activities, to pay special attention to the protection of public health, nature and environment. iv. organization of government 1. the croatian parliament article 70 the croatian parliament (sabor) is a representative body of the people and is vested with the legislative power in the republic of croatia. article 71 the croatian parliament shall have no less than 100 and no more than 160 members, elected on the basis of direct universal and equal suffrage by secret ballot. article 72 members of the croatian parliament shall be elected for a term of four years. the number of members of the croatian parliament, and the conditions and procedures for their election, shall be regulated by law. article 73 elections for members of the croatian parliament shall be held not later than 60 days after the expiry of the mandate or dissolution of the croatian parliament. the first session of the croatian parliament shall be held not later than 20 days after the completion of the elections. the croatian parliament shall be constituted at the first session by the selection of its president by the majority of its members present. article 74 members of the croatian parliament shall have no imperative mandate. members of the croatian parliament shall receive a regular monetary remuneration and shall have other rights specified by law. article 75 members of the croatian parliament shall enjoy immunity. no representative shall be prosecuted, detained or punished for an opinion expressed or vote cast in the croatian parliament. no representative shall be detained, nor shall criminal proceedings be instituted against him, without the consent of the croatian parliament. a representative may be detained without the consent of the croatian parliament only if he has been caught in the act of committing a criminal offence which carries a penalty of imprisonment of more than five years. in such a case, the president of the croatian parliament shall be notified thereof. if the croatian parliament is not in session, approval for the detention of a representative, or for the continuation of criminal proceedings against him, shall be given and his right to immunity decided by the credentials-and-immunity committee, such a decision being subject to subsequent confirmation by the croatian parliament. article 76 the term of office of members of the croatian parliament may be extended by law only in the event of war or the cases provided for in articles 17 and 101 of the constitution. article 77 the croatian parliament may be dissolved in order to call early elections if so decided by the majority of all the members. the president of the republic may, in conformity with article 104, dissolve the croatian parliament. article 78 the croatian parliament shall be in regular session twice a year: the first period between january 15 and july 15, and the second period between september 15 and december 15. the croatian parliament shall convene emergency sessions at the request of the president of the republic, the government or the majority of its members. the president of the croatian parliament may, upon prior consultation with the parliamentary clubs of members of the parliamentary parties, call it into an emergency session. article 79 the croatian parliament shall have the president and one or more vice presidents. the internal organization and procedure of the croatian parliament shall be regulated by its standing rules. the standing rules shall be passed by a majority vote of all the members. article 80 the croatian parliament shall: decide on the enactment and amendment of the constitution; pass laws; adopt the state budget; decide on war and peace; pass documents which express the policy of the croatian parliament; adopt the strategy of national security and the strategy of defense of the republic of croatia; realize civil control over the armed forces and the security services of the republic of croatia; decide on alternations of the borders of the republic of croatia; call referenda; carry out elections, appointments and reliefs of office, in conformity with the constitution and law; supervise the work of the government of the republic of croatia and other holders of public authority responsible to the croatian parliament, in conformity with the constitution and law; grant amnesty for criminal offenses; conduct other affairs as specified by the constitution. article 81 repealed article 82 unless otherwise specified by the constitution, the croatian parliament shall make decisions by a majority vote, provided that a majority of representatives are present at the session. representatives shall vote in person. article 83 laws (organic laws) which regulate the rights of national minorities shall be passed by the croatian parliament by a two-thirds majority vote of all representatives. laws (organic laws) which elaborate the constitutionally defined human rights and fundamental freedoms, the electoral system, the organization, authority and operation of government bodies and the organization and authority of local and regional self-government shall be passed by the croatian parliament by a majority vote of all representatives. the decision provided by article 8 of the constitution shall be passed by the croatian parliament by a two-thirds majority of all representatives. article 84 sessions of the croatian parliament shall be public. article 85 each representative of the croatian parliament, the parliamentary clubs of representatives and the working bodies of the croatian parliament, and the government of the republic of croatia shall have the right to propose laws. article 86 members of the croatian parliament shall have the right to ask the government of the republic of croatia and individual ministers questions. at least one tenth of the representatives of the croatian parliament may submit an interpellation on the operation of the government of the republic of croatia or some of its individual members. questioning and interpellation shall be more specifically regulated by the standing rules. article 87 the croatian parliament may call a referendum on a proposal for the amendment of the constitution, on a bill, or any other issue within its competence. the president of the republic may, at the proposal of the government and with the counter-signature of the prime minster, call a referendum on a proposal for the amendment of the constitution or any other issue which he considers to be important for the independence, unity and existence of the republic of croatia. the croatian parliament shall call a referendum upon the issues from sections 1 and 2 of this article when so demanded by ten percent of all voters in the republic of croatia. at such a referendum, the decision shall be made by the majority of the voters taking part therein. decisions made at referenda shall be binding. a law on referenda shall be passed. such law may also stipulate the conditions for holding a consultative referendum. article 88 the croatian parliament may authorize the government of the republic of croatia, for a maximum period of one year, to regulate by decrees certain issues within its competence, except those relating to the elaboration of the constitutionally defined human rights and fundamental freedoms, national rights, the electoral system, the organization, authority and operation of government bodies and local self-government. decrees based on statutory authority shall not have a retroactive effect. decrees passed on the basis of statutory authority shall cease to be valid after the expiry of the period of one year from the date when such authority was granted, unless otherwise decided by the croatian parliament. article 89 laws shall be promulgated by the president of the republic within eight days from the date when they were passed in the croatian parliament. if the president of the republic considers the promulgated law not in accordance with the constitution, he may initiate proceedings to review the constitutionality of the law before the constitutional court of the republic of croatia. article 90 before coming into force, laws and other rules and regulations of governmental bodies shall be published in "narodne novine", the official gazette of the republic of croatia. the rules and regulations of bodies vested with public authority shall, before coming into force, be publicized in an accessible way, in accordance with law. a law shall come into force at the earliest on the eight day after its publication, unless otherwise specified by law for exceptionally justified reasons. laws and other regulations of governmental bodies or bodies vested with public authority shall not have a retroactive effect. only individual provisions of a law may have a retroactive effect for exceptionally justified reasons. article 91 state revenues and expenditures shall be determined by the state budget. the croatian parliament shall enact the central budget by a majority vote of all deputies. a law whose implementation requires financial funds shall specify the sources of such funds. article 92 the croatian parliament may form commissions of inquiry regarding any issue of public interest. the composition, competence and powers of the commissions of inquiry shall be in accord with law. the chairperson of a commission of inquiry shall be appointed by a majority of representatives from among the representatives of the opposition. article 93 the ombudsperson shall be a commissioner of the croatian parliament responsible for the promotion and protection of human rights and freedoms enshrined in the constitution, laws and international legal instruments on human rights and freedoms ratified by the republic of croatia. everyone may lodge a complaint to the ombudsperson if he/she deems that his/her constitutional or legal rights have been threatened or violated as a result of any illegal or irregular act by governmental bodies and the civil service, local and regional self-governmental bodies and bodies vested with public authority. the croatian parliament shall elect the ombudsperson for a term of eight years. the ombudsperson shall be autonomous and independent in his/her work. conditions for the election and dismissal of the ombudsperson and his/her deputies, their authority, and the method of their work shall be regulated by law. by law, the ombudsperson may also be vested with certain powers with regard to legal and natural persons in order to protect the fundamental constitutional rights. the ombudsperson and other commissioners of the croatian parliament responsible for the promotion and protection of human rights and fundamental freedoms shall enjoy the same immunity as deputies in the croatian parliament. 2. the president of the republic of croatia article 94 the president of the republic of croatia shall represent and stand for the republic of croatia at home and abroad. the president of the republic shall take care of regular and harmonized functioning and stability of the state government. the president of the republic is responsible for the defense of independence and territorial integrity of the republic of croatia. article 95 the president of the republic shall be elected in direct elections by secret ballot, on the basis of universal and equal suffrage, for a term of five years. no one shall be elected the president of the republic more than twice. the president of the republic shall be elected by a majority of vote of all electors who have voted. if none of the candidates has obtained such a majority, new elections shall be held after 14 days. the two candidates who obtained the largest number of votes in the first election shall have the right to stand at the new election. if one of these candidates withdraws, the candidate who is next in the number of votes obtained shall acquire the right to stand for the new election. elections for the president of the republic shall be held no less than 30 and no more than 60 days before the expiry of the term of office of the incumbent president. before assuming duty, the president of the republic shall take a solemn oath before the president of the constitutional court swearing loyalty to the constitution. the election of the president of the republic, the oath and its taking shall be regulated by law. article 96 the president of the republic shall not perform any other public or professional duty. after the election, the president of the republic shall resign from membership in the political party and notify the croatian parliament thereof. article 97 in case when the president of the republic is temporarily prevented from performing his duties, because of his absence or illness or yearly leave of absence, the president of the republic may confide the president of the croatian parliament to substitute for him. the president of the republic decides upon his return to duty. in case the president of the republic is prevented from performing his duties for a longer period of time, because of illness or inability, and particularly if he is unable to decide on confiding his duties to a temporary substitute, the president of the croatian parliament shall assume the duty of the temporary president of the republic upon the decision of the constitutional court. the constitutional court shall decide thereof upon the proposal of the government. in case of death, or resignation which shall be submitted to the president of the constitutional court of the republic of croatia and the president of the of the croatian parliament notified thereof, or when the constitutional court determines the reasons for termination of the mandate of the president of the republic, the duty of the temporary president of the republic shall be taken over by the president of the croatian parliament by force of the constitution. when the president of the croatian parliament as temporary president of the republic issues an act on promulgation of the law, the act shall be counter-signed by the prime minister of the republic of croatia. elections for the new president of the republic shall be held within the term of 60 days from the day the temporary president of the republic has taken over the duty according to section 3 of this article. article 98 the president of the republic shall: call elections for the croatian parliament and convene their first session; call referenda, in conformity with the constitution; confide the mandate to form the government to the person who, upon the distribution of the seats in the croatian parliament and consultations held, enjoys confidence of the majority of its members; grant pardons; confer decorations and other awards specified by law; perform other duties specified by the constitution. article 99 the president of the republic and the government of the republic of croatia cooperate in formulation and execution of the foreign policy. the president of the republic shall, at the government's proposal and with the counter-signature of the prime minister, decide on the establishment of diplomatic missions and consular offices of the republic of croatia abroad. the president of the republic shall, with the prior counter-signature of the prime minister of the republic of croatia, appoint and recall diplomatic representatives of the republic of croatia, at the proposal the government and upon the opinion of the authorized committee of the croatian parliament. the president of the republic shall receive letters of credence and the letters of recall from foreign diplomatic representatives. article 100 the president of the republic is the commander-in-chief of the armed forces of the republic of croatia. the president of the republic shall appoint and relieve of duty military commanders, in conformity with law. on the basis of the decision of the croatian parliament, the president of the republic may declare war and conclude peace. in case of an immediate threat to the independence, unity and existence of the state, the president of the republic may, with the counter signature of the prime minister, order the employment of the armed forces even if the state of war has not been declared. article 101 during the state of war the president of the republic may issue decrees with the force of law on the grounds and within the authority obtained from the croatian parliament. if the croatian parliament is not in session, the president of the republic is authorized to regulate all the issues required by the state of war by decrees with the force of law. in case of an immediate threat to the independence, unity and existence of the state, or if the governmental bodies are prevented from performing their constitutional duties regularly, the president of the republic shall, at the proposal of the prime minister and with his counter-signature, issue decrees with the force of law. the president of the republic shall submit decrees with the force of law for approval to the croatian parliament as soon as the parliament is in a position to convene. if the president of the republic does not submit a decree for approval to the croatian parliament as required by section 3 of this article, or if the croatian parliament fails to approve it, the decree with the force of law ceases to be in force. in the case stated in sections 1 and 2 of this article the president of the republic may call a session of the government and preside over such a session. article 102 the president of the republic may propose to the government to hold a session and consider certain issues. the president of the republic may be present at the meeting of the government and take part in deliberations. article 103 the president of the republic and the government of the republic of croatia shall, in accordance with the constitution and law, cooperate in directing the operations of the security services. the appointment of the heads of the security services shall, upon a prior opinion of the authorized committee of the croatian parliament, be counter-signed by the president of the republic and the prime minister of the republic of croatia. article 104 the president of the republic, at the proposal of the government and with the counter-signature of the prime minister, after consultations with the representatives of the clubs of parliamentary parties, dissolve the croatian parliament if, at the proposal of the government, the parliament has passed a vote of no confidence to the government, or if it has failed to approve the state budget within 120 days from the date when it was proposed. the president of the republic may not, at the proposal of the government, dissolve the croatian parliament if the impeachment proceedings against him for violation of the constitution have been instituted. article 105 the president of the republic shall be impeachable for any violation of the constitution he has committed in the performance of his duties. proceedings for the impeachment of the president of the republic may be instituted by the croatian parliament by a two-thirds majority vote of all representatives. the impeachment of the president of the republic shall be decided upon by the constitutional court of the republic of croatia by a two-thirds majority vote of all the judges. the constitutional court shall decide upon the impeachment of the president of the republic during the term of 30 days form the day of the submission of the proposal to impeach the president of the republic for violation of the constitution. if the constitutional court of the republic of croatia sustains the impeachment, the duty of the president of the republic shall cease by force of the constitution. article 105a the president of the republic shall enjoy immunity. the president of the republic may not be detained nor may criminal proceedings be instituted against him without prior consent of the constitutional court. the president of the republic may be detained without prior consent of the constitutional court only if he has been caught in the act of committing a criminal offence which carries a penalty of imprisonment of more than five years. in such a case the state body which has detained the president of the republic shall instantly notify the president of the constitutional court thereof. article 106 in the performance of his duties the president of the republic shall be assisted by advisory bodies. the members of these bodies shall be appointed and relieved by the president of the republic. appointments contrary to the principle of separation of powers shall not be permitted. advisory, professional and other tasks shall be performed by the office of the president of the republic. the office of the president of the republic and the staff services of the government of the republic of croatia shall co-operate in the performance of tasks of common interest. the funding required for the work of the office of the president of the republic shall be secured in the central budget of the republic of croatia. 3. the government of the republic of croatia article 107 the government of the republic of croatia shall exercise executive powers in conformity with the constitution and law. article 108 the government of the republic of croatia shall consist of a prime minster, one or more deputy prime ministers and ministers. the prime minister and other members of the government may not perform any other public or professional duty without consent of the government. article 109 the person to whom the president of the republic confides the mandate to form the government shall propose its members. immediately upon the formation of the government, but not later than 30 days from the acceptance of the mandate, the mandatary shall present the government and its program to the croatian parliament and demand a vote of confidence to be passed. the government shall assume its duty if the vote of confidence is passed by a majority vote of all members of the croatian parliament. the prime minister and the members of the government shall take a solemn oath before the croatian parliament. the text of the oath shall be determined by law. upon the decision of the croatian parliament to express confidence to the government of the republic of croatia, the ruling on the appointment of the prime minister shall be brought by the president of the republic, with the counter signature of the president of the croatian parliament, and the ruling on the appointment of the members of the government shall be brought by the prime minster with the counter signature of the president of the croatian parliament. article 109a if the mandatary fails to form the government within the term of 30 days from the day of the acceptance of the mandate, the president of the republic may decide to extend the term for not more than 30 additional days. if the mandatary fails to form the government during the extended term, or if the proposed government fails to obtain confidence of the croatian parliament, the president of the republic shall confide the mandate to form the government to another person. article 109b if the government is not formed in accordance with articles 110 and 111 of the constitution, the president of the republic shall appoint temporary non-party government and simultaneously call early elections for the croatian parliament. article 110 the government of the republic of croatia shall: propose legislation and other acts to the croatian parliament; propose the state budget and the annual accounts; execute laws and other decisions of the croatian parliament; enact decrees to implement the laws; guide the foreign and internal policies; direct and control the operation of the state administration; take care of the economic development of the country; direct performance and development of the public services; perform other duties determined by the constitution and law. article 111 the organization, mode of operation and decisionmaking of the government shall be regulated by law and the rules of procedure. article 112 the government shall be responsible to the croatian parliament. the prime minister and members of the government shall be jointly responsible for the decisions made by the government, and shall be personally responsible for their respective competencies. article 113 at the proposal of at least one fifth of the members of the croatian parliament, a vote of confidence in the prime minster, in individual members of the government, or in the government as a whole, shall be put in motion. a vote of confidence in the government may also be requested by the prime minister. no debate or vote of confidence may be taken before the expiry of seven days from the date when the motion was submitted to the croatian parliament. debate and vote of confidence shall be carried through not later than 30 days from the day the motion was submitted to the croatian parliament. a no confidence decision shall be accepted if it has been voted for by the majority of the total number of members of the croatian parliament. if the croatian parliament rejects the proposal for a vote of no confidence, the representatives who have submitted it may not make the same proposal again before the expiry of six months. if a vote of no confidence in the prime minister or in the government as a whole is passed, the prime minister and the government shall submit their resignation. if the vote of confidence to a new mandatary and the members he proposes for the government is not passed during the term of 30 days, the president of the croatian parliament shall notify thereof the president of the republic of croatia. after the notification is received the president of the republic shall instantly issue a decision to dissolve the croatian parliament, and simultaneously call elections for the croatian parliament. if a vote of no confidence in an individual member of the government is passed, the prime minster may propose to the croatian parliament another member for a vote of confidence or the prime minister and the government as a whole may submit their resignation. in all the cases of resignation of the prime minister or the government section 7 of this article shall be applied. article 114 the organization and responsibilities as well as operation of the state administration shall be regulated by law. certain responsibilities of the state administration may be entrusted by law to the bodies of the local and regional self-government and legal bodies vested with public authority. the status of state officials and the legal status of the state employees shall be regulated by law and other regulations. 4. judicial power article 115 judicial power shall be exercised by courts. judicial power shall be autonomous and independent. courts shall administer justice according to the constitution, law, international treaties and other valid sources of law. article 116 the supreme court of the republic of croatia, as the highest court of law, shall ensure uniform application of laws and equality of all before the law. the president of the supreme court of the republic of croatia shall be appointed and relieved from duty by the croatian parliament at the proposal of the president of the republic, with a prior opinion of the general session of the supreme court of the republic of croatia and of the authorized committee of the croatian parliament. the president of the supreme court of the republic of croatia shall be appointed for a four-year term of office. the establishment, jurisdiction, composition and organization of courts and court proceedings shall be regulated by law. article 117 court hearings shall be open to the public and judgments shall be pronounced publicly in the name of the republic of croatia. the public may be barred from a hearing or part of it for the reasons necessary in a democratic society in the interest of morals, public order or state security, in particular if minors are tried, or in order to protect private lives of the parties, or in marital disputes and proceedings in connection with guardianship and adoption, or for the purpose of protection of military, official or business secrets and for the protection of the security and defense of the republic of croatia, but only to the extent which is in the opinion of the court absolutely necessary in the specific circumstances in which the public might be harmful to the interests of justice. article 118 judicial duty shall be vested in judges personally. lay magistrates and court advisors shall participate in court proceedings in compliance with law. article 119 judges shall enjoy immunity in accordance with the law. judges and lay assessors who take part in the administration of justice shall not be called to account for an opinion or a vote given in the process of judicial decision-making unless there exists violation of law on the part of a judge which is criminal offence. a judge may not be remanded in custody or investigative detention in connection with any criminal prosecution initiated for a criminal offence perpetrated in the performance of his/her judicial duty without the prior consent of the national judicial council. article 120 judicial office shall be permanent. a judge shall be relieved of his judicial office: at his own request, if he has become permanently incapacitated to perform his office, if he has been sentenced for a criminal offence which makes him unworthy to hold judicial office, if, in conformity with law, so decides the national judicial council due to the commission of an act of serious infringement of discipline, when reaching seventy years of age. against the decision of being relieved from his duty the judge shall have the right to appeal to the constitutional court within the term of 15 days from the day the decision has been served, onto which the constitutional court shall decide in the procedure and composition determined by the constitutional act on the constitutional court of the republic of croatia. against the decision of the national judicial council on disciplinary responsibility, the judge shall have the right to appeal to the constitutional court of the republic of croatia within the term of 15 days from the day the decision has been served. the constitutional court shall decide on the appeal in the way and the procedure determined by the constitutional act on the constitutional court of the republic of croatia. in the cases from sections 3 and 4 of this article, the constitutional court shall decide within the term not longer than 30 days from the day the appeal has been submitted. the decision of the constitutional court excludes the right to the constitutional complaint. a judge shall not be transferred against his will except in the case the court is abolished or reorganized in conformity with law. a judge shall not hold an office or perform work defined by law as being incompatible with his judicial office. article 121 the national judicial council is an autonomous and independent body that ensures the autonomy and independence of the judicial branch in the republic of croatia. the national judicial council shall autonomously decide, in conformity with the constitution and law, on the appointment, promotion, transfer, dismissal and disciplinary accountability of judges and presiding judges, except in the case of the chief justice of the supreme court of the republic of croatia. the decisions specified in paragraph (2) of this article shall be made by the council in an impartial manner on the basis of the criteria set forth by law. the national judicial council shall participate in the training and development of judges and other judicial personnel. the national judicial council shall consist of eleven members, of whom seven shall be judges, two university professors of law and two members of parliament, one of whom shall be from ranks of the opposition. the members of the national judicial council shall elect a chair from their ranks. the presidents of courts may not be elected to the national judicial council. the members of the national judicial council shall be elected for a four-year term. no one may serve as member of the national judicial council for more than two terms of office. the purview, organisation, manner of election and mode of operation of the national judicial council shall be regulated by law. 5. the office of the public prosecutions article 121a the public prosecution service is an autonomous and independent judicial body empowered and duty-bound to instigate prosecution of perpetrators of criminal and other penal offences, to initiate legal measures to protect the property of the republic of croatia and to apply legal remedies to protect the constitution and law. the croatian parliament shall appoint the prosecutor general for a four-year term of office, at the proposal of the government of the republic of croatia and following a prior opinion of the relevant committee of the croatian parliament. deputy prosecutors general shall be appointed, dismissed and have their disciplinary accountability determined by the national prosecutorial council. the decisions specified to in paragraph (3) of this article shall be made by the national prosecutorial council in an impartial manner on the basis of the criteria set forth by law. deputy prosecutors general shall have life tenure. the national prosecutorial council shall consist of eleven members, of whom seven shall be deputy prosecutors general, two university law professors and two members of parliament, one of whom shall be from among the ranks of the opposition. the members of the national prosecutorial council shall be elected for a term of four years. no one may serve as member of the national prosecutorial council for more than two terms of office. the members of the national prosecutorial council shall elect a chair from their ranks. the chiefs of public prosecution office may not be elected into the national prosecutorial council. the purview, organisation, manner of election and mode of operation of the national prosecutorial council shall be regulated by law. the establishment, organisation, purview and jurisdiction of the national prosecutorial council shall be regulated by law. v. the constitutional court of the republic of croatia article 122 the constitutional court of the republic of croatia shall consist of thirteen judges elected by a two-thirds majority of the deputies of the croatian parliament from among notable jurists, especially judges, public prosecutors, attorneys and university law professors pursuant to the procedure and method set forth by a constitutional act. the term of office of a constitutional court justice shall be eight years, to be extended, in exceptional cases up to six months, where upon expiry of an incumbent’s term of office a new justice has not been elected or has not assumed office. candidacy proceedings and the proposal for the judges of the constitutional court of the republic of croatia to the croatian parliament shall be carried out by the committee of the croatian parliament, authorized for the constitutional issues. the constitutional court of the republic of croatia shall elect its president for a term of four years. article 123 a judge of the constitutional court of the republic of croatia shall not perform any other public or professional duties. judges of the constitutional court of the republic of croatia shall enjoy same immunity as members of the croatian parliament. article 124 a judge of the constitutional court of the republic of croatia may be relieved of office before the expiry of the term for which he has been elected if he requests to be relieved, if he is sentenced to imprisonment, or if he is permanently incapacitated from performing his duties, as established by the court itself. article 125 the constitutional court of the republic of croatia shall: decide on the conformity of laws with the constitution; decide on the conformity of other regulations with the constitution and laws; may decide on constitutionality of laws and constitutionality of laws and other regulations which have lost their legal force, provided that from the moment of losing the legal force until the submission of a request or a proposal to institute the proceedings not more than one year has passed; decide on constitutional complaints against the individual decisions of governmental bodies, bodies of local and regional self-government and legal entities with public authority, when these decisions violate human rights and fundamental freedoms, as well as the right to local and regional self-government guaranteed by the constitution of the republic of croatia; observe the realization of constitutionality and legality and notify the croatian parliament on the instances of unconstitutionality and illegality observed thereto; decide on jurisdictional disputes between the legislative, executive and judicial branches; decide, in the conformity with the constitution, on the impeachment of the president of the republic; supervise the constitutionality of the programs and activities of political parties and may, in conformity with the constitution, ban their work; supervise the constitutionality and legality of elections and national referenda, and decide on the electoral disputes which are not within the jurisdiction of courts; perform other duties specified by the constitution. article 125a if the constitutional court ascertains that the authorized body has not enacted a rule or a regulation needed for the application of the constitution, law or other regulation, being bound to enact such a regulation, it shall notify the government thereof, while the croatian parliament shall be notified about the regulations which the government has been obliged to enact. article 126 the constitutional court of the republic of croatia shall repeal a law if it finds it to be unconstitutional. the constitutional court of the republic of croatia shall repeal or annul any other regulation if it finds it to be unconstitutional or illegal. in the cases from article 129 section 1 line 3 of the constitution, if the constitutional court of the republic of croatia finds that a law has not been in conformity with the constitution and law or that another regulation has not been in conformity with the constitution and law, it shall enact a decision on ascertaining unconstitutionality or illegality. article 127 the procedure and conditions for the election of judges of the constitutional court of the republic of croatia and the termination of their office, conditions and time-limits for instituting proceedings for the assessment of the constitutionality and legality, procedure and legal effects of its decisions, protection of human rights and fundamental freedoms guaranteed by the constitution, and other issues important for the performance of duties and work of the constitutional court of the republic of croatia, shall be regulated by the constitutional act. the constitutional act shall be passed in accordance with the procedure determined for amending the constitution. the internal organization of the constitutional court of the republic of croatia shall be regulated by its rules of procedure. vi. local and regional self-government article 128 citizens shall be guaranteed the right to local and regional self-government. the right to local and regional self-government shall be exercised through local and/or regional representative bodies, composed of members elected in free elections by secret ballot on the grounds of direct, equal and general suffrage. citizens may directly participate in administering local affairs, through meetings, referenda and other forms of direct decisionmaking, in conformity with law and statute. the rights specified in this article shall be exercised by european union nationals in compliance with law and eu acquis communautaire. article 129 municipalities and towns shall be units of local selfgovernment, and their areas shall be determined in the way prescribed by law. other units of local self-government may be provided by law. counties shall be units of regional self-government. the area of a county is determined in the way prescribed by law. the capital city of zagreb may be attributed the status of a county by law. larger cities in the republic of croatia may be given the authorities of a county by law. forms of local self-government may in conformity with law, be established in localities and parts thereof. article 129a units of local self-government shall carry out the affairs of local jurisdiction by which the needs of citizens are directly fulfilled, and in particular the affairs related to the organization of localities and housing, area and urban planning, public utilities, child care, social welfare, primary health services, education and elementary schools, culture, physical education and sports, technical culture, customer protection, protection and improvement of the environment, fire protection and civil defense. units of regional self-government shall carry out the affairs of regional significance, and in particular the affairs related to education, health service, area and urban planning, economic development, traffic and traffic infrastructure and the development of network of educational, health, social and cultural institutions. affairs of local and regional jurisdiction shall be regulated by law. at the allotment of the affairs, priority shall be given to the bodies which are closest to the citizens. at the determination of the local and regional self-government jurisdiction, the scope and nature of affairs and the requirements of efficiency and economy shall be taken into account. article 129b units of local and regional self-government shall have the right, within the limits provided by law, to regulate autonomously by their statutes the internal organization and jurisdiction of their bodies and accommodate them to the local needs and potentials. article 130 in performing the affairs within their jurisdiction, units of local and regional self-government shall be autonomous and subject only to the review of the constitutionality and legality by the authorized governmental bodies. article 131 units of local and regional self-government shall have the right to their own revenues and have them on their free disposal in performing affairs within their jurisdiction. revenues of local and regional units of self-government shall be proportional to their authorities provided by the constitution and law. the state shall assist financially weaker units of local and regional self-government in conformity with law. vii. international relations 1. international agreements article 132 international agreements shall be concluded, in conformity with the constitution, law and the rules of international law, depending on the nature and contents of the international agreement, within the authority of the croatian parliament, the president of the republic and the government of the republic of croatia. article 133 international agreements which entail the passage of amendment of laws, international agreements of military and political nature, and international agreements which financially commit the republic of croatia shall be subject to ratification by the croatian parliament. international agreements which grant international organization or alliances powers derived from the constitution of the republic of croatia, shall be subject to ratification by the croatian parliament by two-thirds majority vote of all representatives. the president of the republic shall sign the documents of ratification, admittance, approval or acceptance of international agreements ratified by the croatian parliament in conformity with sections 1 and 2 of this article. international agreements which are not subject of ratification by the croatian parliament are concluded by the president of the republic at the proposal of the government, or by the government of the republic of croatia. article 134 international agreements concluded and ratified in accordance with the constitution and made public, and which are in force, shall be part of the internal legal order of the republic of croatia and shall be above law in terms of legal effects. their provisions may be changed or repealed only under conditions and in the way specified in them or in accordance with the general rules of international law. 2. association and succession article 135 procedure for the association of the republic of croatia into alliances with other states may be instituted by at least onethird of the representatives of the croatian parliament, the president of the republic and the government of the republic of the croatia. it is prohibited to initiate any procedure for the association of the republic of croatia into alliances with other states if such association leads, or might lead, to a renewal of a south slav state community or to any balkan state form of any kind. any association of the republic of croatia shall first be decided upon by the croatian parliament by a two-thirds majority vote of all representatives. any decision concerning the association of the republic of croatia shall be made on a referendum by a majority vote of all voters voting in the referendum. such a referendum shall be held within 30 days from the date when the decision has been rendered by the croatian parliament. the provisions of this article concerning association shall also relate to the conditions and procedure for the disassociation of the republic of croatia. viia. european union 1. legal grounds for membership and transfer of constitutional powers article 141a pursuant to article 142 of the constitution, the republic of croatia shall, as a member state of the european union, participate in the creation of european unity in order to ensure, together with other european states, lasting peace, liberty, security and prosperity, and to attain other common objectives in keeping with the founding principles and values of the european union. pursuant to articles 140 and 141 of the constitution, the republic of croatia shall confer upon the institutions of the european union the powers necessary for the enjoyment of rights and fulfilment of obligations ensuing from membership. 2. participation in european union institutions article 141b the citizens of the republic of croatia shall be directly represented in the european parliament where they shall, through their elected representatives, decide upon matters falling within their purview. the croatian parliament shall participate in the european legislative process as regulated in the founding treaties of the european union. the government of the republic of croatia shall report to the croatian parliament on the draft regulations and decisions in the adoption of which it participates in the institutions of the european union. in respect of such draft regulations and decisions, the croatian parliament may adopt conclusions which shall provide the basis on for the government’s actions in european union institutions. parliamentary oversight by the croatian parliament of the actions of the government of the republic of croatia in european union institutions shall be regulated by law. the republic of croatia shall be represented in the council and the european council by the government and the president of the republic of croatia in accordance with their respective constitutional powers. 3. european union law article 141c the exercise of the rights ensuing from the european union acquis communautaire shall be made equal to the exercise of rights under croatian law. all the legal acts and decisions accepted by the republic of croatia in european union institutions shall be applied in the republic of croatia in accordance with the european union acquis communautaire. croatian courts shall protect subjective rights based on the european union acquis communautaire. governmental agencies, bodies of local and regional self-government and legal persons vested with public authority shall apply european union law directly. 4. rights of european union citizens article 141d citizens of the republic of croatia shall be european union citizens and shall enjoy the rights guaranteed by the european union acquis communautaire, and in particular: – freedom of movement and residence in the territory of all member states, – active and passive voting rights in european parliamentary elections and in local elections in another member state, in accordance with that member state’s law, – the right to the diplomatic and consular protection of any member state which is equal to the protection provided to own citizens when present in a third country where the republic of croatia has no diplomatic-consular representation, – the right to submit petitions to the european parliament, complaints to the european ombudsman and the right to apply to european union institutions and advisory bodies in the croatian language, as well as in all the other official languages of the european union, and to receive a reply in the same language. all rights shall be exercised in compliance with the conditions and limitations laid down in the founding treaties of the european union and the measures undertaken pursuant to such treaties. in the republic of croatia, all rights guaranteed by the european union acquis communautaire shall be enjoyed by all citizens of the european union. viii. amending the constitution article 136 amendments to the constitution of the republic of croatia may be proposed by at least onefifth of the members of the croatian parliament, the president of the republic and the government of the republic of croatia. article 137 the croatian parliament shall decide by a majority vote of all representatives whether or not to start proceedings for the amendment of the constitution. draft amendments to the constitution shall be determined by a majority vote of all the members of the croatian parliament. article 138 the decision to amend the constitution shall be made by a two-thirds majority vote of all the members of the croatian parliament. article 139 amendment of the constitution shall be promulgated by the croatian parliament. preamble we, the people of eritrea, united in a common struggle for our rights and common destiny: with eternal gratitude to the scores of thousands of our martyrs who sacrificed their lives for the causes of our rights and independence, during the long and heroic revolutionary struggle for liberation, and to the courage and steadfastness of our eritrean patriots; and standing on the solid ground of unity and justice bequeathed by our martyrs and combatants; aware that it is the sacred duty of all citizens to build a strong and advanced eritrea on the bases of freedom, unity, peace, stability and security achieved through the long struggle of all eritreans, which tradition we must cherish, preserve and develop; realizing that in order to build an advanced country, it is necessary that the unity, equality, love for truth and justice, self-reliance, and hard work, which we nurtured during our revolutionary struggle for independence and which helped us to triumph, must become the core of our national values; appreciating the fact that for the development and health of our society, it is necessary that we inherit and improve upon the traditional community-based assistance and fraternity, love for family, respect for elders, mutual respect and consideration; convinced that the establishment of a democratic order, through the participation of and in response to the needs and interests of citizens, which guarantees the recognition and protection of the rights of citizens, human dignity, equality, balanced development and the satisfaction of the material and spiritual needs of citizens, is the foundation of economic growth, social harmony and progress; noting the fact that the eritrean women's heroic participation in the struggle for independence, human rights and solidarity, based on equality and mutual respect, generated by such struggle will serve as an unshakable foundation for our commitment to create a society in which women and men shall interact on the bases of mutual respect, solidarity and equality; desirous that the constitution we are adopting will be a covenant between us and the government, which we will be forming by our free will, to serve as a means for governing in harmony this and future generations and for bringing about justice and peace, founded on democracy, national unity and the rule of law; today, 23 may 1997, on this historic date, after active popular participation, approve and solemnly ratify, through the constituent assembly, this constitution as the fundamental law of our sovereign and independent state of eritrea. chapter i. general provisions article 1. the state of eritrea and its territory eritrea is a sovereign and independent state founded on the principles of democracy, social justice and the rule of law. the territory of eritrea consists of all its territories, including the islands, territorial waters and airspace, delineated by recognized boundaries. in the state of eritrea, sovereign power is vested in the people, and shall be exercised pursuant to the provisions of this constitution. the government of eritrea shall be established through democratic procedures to represent people's sovereignty and shall have strong institutions, accommodating popular participation and serving as foundation of a viable democratic political order. eritrea is a unitary state divided into units of local government. the powers and duties of these units shall be determined by law. article 2. supremacy of the constitution this constitution is the legal expression of the sovereignty of the eritrean people. this constitution enunciates the principles on which the state is based and by which it shall be guided and determines the organization and operation of government. it is the source of government legitimacy and the basis for the protection of the rights, freedoms and dignity of citizens and of just administration. this constitution is the supreme law of the country and the source of all laws of the state, and all laws, orders and acts contrary to its letter and spirit shall be null and void. all organs of the state, all public and private associations and institutions and all citizens shall be bound by and remain loyal to the constitution and shall ensure its observance. this constitution shall serve as a basis for instilling constitutional culture and for enlightening citizens to respect fundamental human rights and duties. article 3. citizenship any person born of an eritrean father or mother is an eritrean by birth. any foreign citizen may acquire eritrean citizenship pursuant to law. the details concerning citizenship shall be regulated by law. article 4. national symbols and languages the eritrean flag shall have green, red and blue colors with golden olive leaves. the detailed description of the flag shall be determined by law. eritrea shall have a national anthem and a coat of arms reflecting the history and the aspiration of its people. the details of the national anthem and the coat of arms shall be determined by law. the equality of all eritrean languages is guaranteed. article 5. gender reference without consideration to the wording of any provision in this constitution with reference to gender, all of its articles shall apply equally to both genders. chapter ii. national objectives and directive principles article 6. national unity and stability as the people and government strive to establish a united and advanced country, within the context of the diversity of eritrea, they shall be guided by the basic principle "unity in diversity." the state shall, through participation of all citizens, ensure national stability and development by encouraging democratic dialogue and national consensus; and by laying a firm political, cultural and moral foundation of national unity and social harmony. the state shall ensure peaceful and stable conditions by establishing appropriate participatory institutions that guarantee and hasten equitable economic and social progress. article 7. democratic principles it is a fundamental principle of the state of eritrea to guarantee its citizens broad and active participation in all political, economic, social and cultural life of the country. any act that violates the human rights of women or limits or otherwise thwarts their role and participation is prohibited. there shall be established appropriate institutions to encourage and develop people's initiative and participation in their communities. pursuant to the provisions of this constitution and laws enacted pursuant thereto, all eritreans, without distinction, are guaranteed equal opportunity to participate in any position of leadership in the country. the conduct of the affairs of government and all organizations and institutions shall be accountable and transparent. the organization and operation of all political, public associations and movements shall be guided by the principles of national unity and democracy. the state shall create conditions necessary for developing a democratic political culture defined by free and critical thinking, tolerance and national consensus. article 8. economic and social development the state shall strive to create opportunities to ensure the fulfillment of citizens' rights to social justice and economic development and to fulfill their material and spiritual needs. the state shall work to bring about a balanced and sustainable development throughout the country, and shall use all available means to enable all citizens to improve their livelihood in a sustainable manner, through their participation. in the interest of present and future generations, the state shall be responsible for managing all land, water, air and natural resources and for ensuring their management in a balanced and sustainable manner; and for creating the right conditions to secure the participation of the people in safeguarding the environment. article 9. national culture the state shall be responsible for creating and promoting conditions conducive for developing a national culture capable of expressing national identity, unity and progress of the eritrean people. the state shall encourage values of community solidarity and love and respect of the family. the state shall promote the development of the arts, science, technology and sports and shall create an enabling environment for individuals to work in an atmosphere of freedom and to manifest their creativity and innovation. article 10. competent justice system the justice system of eritrea shall be independent, competent and accountable pursuant to the provisions of the constitution and laws. courts shall work under a judicial system that is capable of producing quick and equitable judgments and that can easily be understood by and is accessible to all the people. 3 judges shall be free from corruption or discrimination and, in rendering their judgment, they shall make no distinction among persons. the state shall encourage equitable out-of-court settlement of disputes through conciliation, mediation or arbitration. article 11. competent civil service the civil service of eritrea shall have efficient, effective and accountable administrative institutions dedicated to the service of the people. all administrative institutions shall be free from corruption, discrimination and delay in the delivery of efficient and equitable public services. article 12. national defense and security the defense and security forces of eritrea shall owe allegiance to and obey the constitution and the government established thereunder. the defense and security forces are an integral part of society, and shall be productive and respectful of the people. the defense and security forces shall be competent and be subject to and accountable under the law. the defense and security of eritrea depend on the people and on their active participation. article 13. foreign policy the foreign policy of eritrea is based on respect for state sovereignty and independence and on promoting the interest of regional and international peace, cooperation, stability and development. chapter iii. fundamental rights, freedoms and duties article 14. equality under the law all persons are equal under the law. no person may be discriminated against on account of race, ethnic origin, language, color, gender, religion, disability, age, political view, or social or economic status or any other improper factors. the national assembly shall enact laws that can assist in eliminating inequalities existing in the eritrean society. article 15. right to life and liberty no person shall be deprived of life without due process of law. no person shall be deprived of liberty without due process of law. article 16. right to human dignity the dignity of all persons shall be inviolable. no person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. no person shall be held in slavery or servitude nor shall any person be required to perform forced labor not authorized by law. article 17. arrest, detention and fair trial no person may be arrested or detained save pursuant to due process of law. no person shall be tried or convicted for any act or omission which did not constitute a criminal offense at the time when it was committed. every person arrested or detained shall be informed of the grounds for his arrest or detention and of the rights he has in connection with his arrest or detention in a language he understands. every person who is held in detention shall be brought before a court of law within forty-eight (48) hours of his arrest, and if this is not reasonably possible, as soon as possible thereafter, and no such person shall be held in custody beyond such period without the authority of the court. every person shall have the right to petition a court of law for a writ of habeas corpus. where the arresting officer fails to bring the person arrested before the court and provide the reason for his arrest, the court shall accept the petition and order the release of the prisoner. every person charged with an offense shall be entitled to a fair, speedy and public hearing by a court of law; provided, however, that such a court may exclude the press and the public from all or any part of the trial for reasons of morals or national security, as may be necessary in a just and democratic society. a person charged with an offense shall be presumed to be innocent, and shall not be punished, unless he is found guilty by a court of law. where an accused is convicted, he shall have the right to appeal. no person shall be liable to be tried again for any criminal offense on which judgement has been rendered. article 18. right to privacy every person shall have the right to privacy. 2 no person shall be subject to body search, nor shall his premises be entered into or searched or his communications, correspondence, or other property be interfered with, without reasonable cause. no search warrant shall issue, save upon probable cause, supported by oath, and particularly describing the place to be searched, and the persons or things to be seized. article 19. freedom of conscience, religion, expression of opinion, movement, assembly and organization every person shall have the right to freedom of thought, conscience and belief. every person shall have the freedom of speech and expression, including freedom of the press and other media. every citizen shall have the right of access to information. every person shall have the freedom to practice any religion and to manifest such practice. all persons shall have the right to assembly and to demonstrate peaceably together with others. every citizen shall have the right to form organizations for political, social, economic and cultural ends. every citizen shall have the right to practice any lawful profession, or engage in any occupation or trade. every citizen shall have the right to move freely throughout eritrea or reside and settle in any part thereof. every citizen shall have the right to leave and return to eritrea and to be provided with passport or any other travel documents. article 20. right to vote and to be a candidate to an elective office every citizen who fulfills the requirements of the electoral law shall have the right to vote and to seek elective office. article 21. economic, social and cultural rights and responsibilities every citizen shall have the right of equal access to publicly funded social services. the state shall endeavor, within the limit of its resources, to make available to all citizens health, education, cultural and other social services. the state shall secure, within available means, the social welfare of all citizens and particularly those disadvantaged. every citizen shall have the right to participate freely in any economic activity and to engage in any lawful business. the state and society shall have the responsibility of identifying, preserving and developing, as need be, and bequeathing to succeeding generations historical and cultural heritage; and shall lay the necessary groundwork for the development of the arts, science, technology and sports, thus encouraging citizens to participate in such endeavors. the national assembly shall enact laws guaranteeing and securing the social welfare of citizens, the rights and conditions of labor and other rights and responsibilities listed in this article. article 22. family the family is the natural and fundamental unit of society and is entitled to the protection and special care of the state and society. men and women of full legal age shall have the right, upon their consent, to marry and to found a family freely, without any discrimination and they shall have equal rights and duties as to all family affairs. parents have the right and duty to bring up their children with due care and affection; and, in turn, children have the right and the duty to respect their parents and to sustain them in their old age. article 23. right to property subject to the provisions of sub-article 2 of this article, any citizen shall have the right, anywhere in eritrea, to acquire and dispose property, individually or in association with others, and to bequeath the same to his heirs or legatees. all land and all natural resources below and above the surface of the territory of eritrea belongs to the state. the interests citizens shall have in land shall be determined by law. the state may, in the national or public interest, take property, subject to the payment of just compensation and in accordance with due process of law. article 24. administrative redress any person with an administrative question shall have the right to be heard respectfully by the administrative officials concerned and to receive quick and equitable answers from them. any person with an administrative question, whose rights or interests are interfered with or threatened, shall have the right to seek due administrative redress. article 25. duties of citizens all citizens shall have the duty to: owe allegiance to eritrea, strive for its development and promote its prosperity; be ready to defend the country; complete one's duty in national service; advance national unity; respect and defend the constitution; respect the rights of others; and comply with the requirements of the law. article 26. limitation upon fundamental rights and freedoms the fundamental rights and freedoms guaranteed under this constitution may be limited only in so far as in the interests of national security, public safety or the economic well-being of the country, health or morals, for the prevention of public disorder or crime or for the protection of the rights and freedoms of others. any law providing for the limitation of the fundamental rights and freedoms guaranteed in this constitution must: be consistent with the principles of democracy and justice; be of general application and not negate the essential content of the right or freedom in question; specify the ascertainable extent of such limitation and identify the article or articles hereof on which authority to enact such limitation is claimed to rest. the provisions of sub-article 1 of this article shall not be used to limit the fundamental rights and freedoms guaranteed under articles 14(1) and (2); 15; 16; 17(2), (5), (7) and (8); and 19(1) of this constitution. article 27. state of emergency at a time when public safety or the security or stability of the state is threatened by war, external invasion, civil disorder or natural disaster, the president may by a proclamation published in the official gazette declare that a state of emergency exists in eritrea or any part thereof. a declaration under sub-article 1 of this article shall not become effective unless approved by a resolution passed by a two-thirds majority vote of all members of the national assembly. a declaration made when the national assembly is in session shall be presented within two days after its publication, or otherwise, the national assembly shall be summoned to meet and consider the declaration within thirty days of its publication. a declaration approved by the national assembly pursuant to sub-article 2 of this article shall continue to be in force for a period of six months after such approval. the national assembly may, by a resolution of two-thirds majority vote of all its members, extend its approval of the declaration for a period of three months at a time. the national assembly may, at any time, by resolution revoke a declaration approved by it pursuant to the provisions of this article. a declaration of a state of emergency or any measures undertaken or laws enacted pursuant to it shall not: suspend articles 14(1) and (2); 16; 17(2); and 19(1) of the constitution; grant pardon or amnesty to any person or persons who, acting under the authority of the state, have committed illegal acts; or introduce martial law when there is no external invasion or civil disorder. article 28. enforcement of fundamental rights and freedoms the national assembly or any subordinate legislative authority shall not make any law, and the executive and the agencies of government shall not take any action that abolishes or abridges the fundamental rights and freedoms conferred by this constitution, unless so authorized by this constitution. any law or action in violation thereof shall be null and void. any aggrieved person who claims that a fundamental right or freedom guaranteed by this constitution has been denied or violated shall be entitled to petition a competent court for redress. where it ascertains that such fundamental right or freedom has been denied or violated, the court shall have the power to make all such orders as shall be necessary to secure for such petitioner the enjoyment of such fundamental right or freedom, and where such applicant suffers damage, to include an award of monetary compensation. article 29. residual rights the rights enumerated in this chapter shall not preclude other rights which ensue from the spirit of this constitution and the principles of a society based on social justice, democracy and the rule of law. chapter iv. the national assembly article 30. representation of the people all eritrean citizens, of eighteen years of age or more, shall have the right to vote. the national assembly shall enact an electoral law, which shall ensure the representation and participation of the eritrean people. article 31. establishment and duration of the national assembly there shall be a national assembly which shall be the supreme representative and legislative body. the national assembly shall be composed of representatives elected by the people. members of the national assembly shall be elected by secret ballot of all citizens who are qualified to vote. members of the national assembly are representatives of the eritrean people as a whole. in discharging their duties, they are governed by the objectives and principles of the constitution, the interest of the people and the country and their conscience. the first session of the national assembly shall be held within one month after a general election. the term of the national assembly shall be five years from the date of such first session. where there exists a state of emergency which prevents a general election from being held, the national assembly may, by a resolution supported by not less than two-thirds vote of all its members, extend the life of the national assembly for a period not exceeding six months. the qualifications and election of the members of the national assembly, the conditions for vacating their seats and other related matters shall be determined by law. article 32. powers and duties of the national assembly pursuant to the provisions of this constitution: the national assembly shall have the power to enact laws and pass resolutions for peace, stability, development and social justice of eritrea; unless authorized pursuant to the provisions of this constitution and law enacted by the national assembly, no person or organization shall have the power to make decisions having the force of law. the national assembly shall be bound by the objectives and principles of the constitution, and shall strive to realize the objectives stated therein. the national assembly shall approve the national budget and enact tax laws. the national assembly shall ratify international agreements by law. the national assembly shall have the power to approve government borrowing. the national assembly shall approve a state of peace, war or national emergency. the national assembly shall have the power to oversee the execution of laws. the national assembly shall have the power to elect, from among its members, by an absolute majority vote of all its members, the president who shall serve for five years. pursuant to the provisions of article 41(6)(a), (b) and (c) hereof, the national assembly may, by a two-thirds majority vote of all its members, impeach or impeach and charge the president before the end of his term of office. the national assembly shall have the power to approve an appointment pursuant to this constitution. the national assembly shall establish a standing committee to deal with citizens petitions. the national assembly shall have the power to enact all such laws and pass all resolutions and to undertake all such measures as are necessary and to establish such standing or ad hoc committees as it deems appropriate for discharging its constitutional responsibilities. article 33. approval of draft legislation any draft law approved by the national assembly shall be transmitted to the president who, within thirty days of its receipt, shall sign and have it published in the official gazette. article 34. chairperson of the national assembly during the first meeting of its first session, the national assembly shall elect, by an absolute majority vote of all its members, a chairperson who shall serve for five years. the chairperson of the national assembly shall convene all sessions of the national assembly and preside at its meetings, and shall, during the recess, coordinate and supervise the operations of the standing and ad hoc committees and the secretariat of the national assembly. the chairperson of the national assembly may be replaced by an absolute majority vote of all the members of the national assembly. article 35. oath every member of the national assembly shall take the following oath: i, ........................., swear in ...................... that i will be faithful and worthy of the trust the eritrean people placed on me; that i will uphold and defend the constitution of eritrea; and that i will endeavor to the best of my ability and conscience for the unity and development of my country. article 36. rules of procedure in the national assembly the national assembly shall have regular sessions and shall determine the timing and duration thereof. at the request of the president, its chairperson or one-third of all its members, the national assembly shall convene emergency meetings. the quorum of the national assembly shall be fifty percent of all its members. except as otherwise prescribed by this constitution, any question proposed for decision of the national assembly shall be determined by a majority vote of those present and voting, and in case of a tie of votes, the chairperson may exercise a casting vote. the national assembly shall issue rules and regulations concerning its operations and tasks and the organization of the standing and ad hoc committees and its secretariat, as well as the rules governing the code of conduct of its members and transparency of its operations. article 37. office of the national assembly and powers of its committees the national assembly shall, under the direction of its chairperson, have a secretariat, which shall provide services to the national assembly and its committees. the various committees established pursuant to the provisions of article 32(12) shall have the power to summon any person to appear before them to give evidence under oath or to submit documents. article 38. duties, immunities and privileges of members of the national assembly all members of the national assembly shall have the duty to maintain the high honor of their office and to conduct themselves as humble servants of the people. no member of the national assembly may be charged for any crime, unless he be apprehended in flagrante delicto. however, where it is deemed necessary to lift his immunity, such a member may be charged in accordance with procedures determined by the national assembly. no member of the national assembly may be charged or otherwise be answerable for statements made or submitted by him at any meeting of the national assembly or any meeting of its committees or any utterance or statement made outside the national assembly in connection with his duty as member thereof. the duties, responsibilities, immunities and compensation of the members of the national assembly shall be determined by law; and all members shall be entitled to the protection of such immunities. chapter v. the executive article 39. the president: head of state and government the president of eritrea is the head of the state and the government of eritrea and the commander-in-chief of the eritrean defense forces. the executive authority is vested in the president, which he shall exercise, in consultation with the cabinet, pursuant to the provisions of this constitution. the president shall ensure respect of the constitution; the integrity and dignity of the state; the efficient management of the public service; and the interests and safety of all citizens, including the enjoyment of their fundamental rights and freedoms recognized under this constitution. article 40. qualification to be a candidate to the office of the president any member of the national assembly who seeks to be a candidate to the office of the president of eritrea shall be a citizen of eritrea by birth. article 41. election and term of office of the president the president shall be elected from amongst the members of the national assembly by an absolute majority vote of its members. a candidate for the office of the president must be nominated by at least 20 percent vote of all the members of the national assembly. the term of office of the president shall be five years, equal to the term of office of the national assembly that elects him. no person shall be elected to hold the office of president for more than two terms. when the office of the president becomes vacant due to death or resignation of the incumbent or due to the reasons enumerated in sub-article 6 of this article, the chairperson of the national assembly shall assume the office of the president. the chairperson shall serve as acting president for not more than thirty days, pending the election of another president to serve the remaining term of his predecessor. the term of office of the person elected to serve as president under sub-article 4 of this article shall not be considered as a full term for purposes of sub-article 3 of this article. the president may be removed from office by two-thirds majority vote of all members of the national assembly for the following reasons: violation of the constitution or grave violation of the law; conducting himself in a manner which brings the authority or honor of the office of the president into ridicule, contempt and disrepute; and being incapable of performing the functions of his office by reason of physical or mental incapacity. the national assembly shall determine the procedures for the election and removal of the president from office. article 42. powers and duties of the president the president shall have the following powers and duties: once every year, deliver a speech in the national assembly on the state of the country and the policies of the government; subject to the provisions of article 27 hereof, declare state of emergency, and when the defense of the country requires, martial laws; summon the national assembly to an emergency meeting and present his views to it; sign and publish in the official gazette laws approved by the national assembly; ensure the execution of laws and resolutions of the national assembly; negotiate and sign international agreements and delegate such power; with the approval of the national assembly, appoint ministers, commissioners, the auditor general, governor of the national bank, the chief justice of the supreme court and any other person or persons who are required by any other provisions of this constitution or other laws to be appointed by the president; appoint justices of the supreme court upon proposal of the judicial service commission and approval of the national assembly; appoint judges of the lower courts upon proposal of the judicial service commission; appoint and receive ambassadors and diplomatic representatives; appoint high ranking members of the armed and the security forces; subject to the provisions of article 27(5)(b), reprieve offenders and grant pardon or amnesty; establish such government ministries and departments necessary or expedient for the good governance of eritrea, in consultation with the public service administration, and dissolve the same; preside over meetings of the cabinet and coordinate its activities; present legislative proposals and the national budget to the national assembly; confer medals or other honors on citizens, residents and friends of eritrea in consultation with relevant organizations and individuals. subject to the provisions of article 52(1), remove any person appointed by him. article 43. immunity from civil and criminal proceedings any person holding the office of the president may not be: sued in any civil proceedings, save where such proceedings concern an act done in his official capacity as president, in which case the state may be sued; charged with any criminal offense, unless he be impeached and charged under article 41(6)(a) and (b) hereof. after a president vacates his office no court may entertain any action against him in any civil proceedings in respect of any act done in his official capacity as president. article 44. privileges to be given to former presidents provisions shall be made by law for the privileges that shall be granted to former presidents. article 45. oath upon his election, the president shall take the following oath: i, ........................., swear in ...................... that i will uphold and defend the constitution of eritrea and that i will strive with the best of my ability and conscience to serve the people of eritrea. article 46. the cabinet there shall be a ministerial cabinet presided over by the president. the president may select ministers from among members of the national assembly or from among persons who are not members of the national assembly. the cabinet shall assist the president in: directing, supervising and coordinating the affairs of government; conducting study on and preparing the national budget; conducting study on and preparing draft laws to be presented to the national assembly; conducting study on and preparing the policies and plans of government. the president shall issue rules and regulations for the organization, functions, operations and code of conduct relating to the members of the cabinet and the secretariat of his office. article 47. ministerial accountability all cabinet ministers shall be accountable: individually to the president for the administration of their own ministries; and collectively to the national assembly, through the president, for the administration of the work of the cabinet. the national assembly or its committees may, through the office of the president, summon any minister to appear before them to question him concerning the operation of his ministry. chapter vi. the administration of justice article 48. the judiciary the judicial power shall be vested in a supreme court and in such other lower courts as shall be established by law and shall be exercised in the name of the people pursuant to this constitution and laws issued thereunder. in exercising the judicial power, courts shall be free from the direction and control of any person or authority. judges shall be subject only to the law, to a judicial code of conduct determined by law and to their conscience. a judge shall not be liable to any suit for any act in the course of exercising his judicial function. all organs of the state shall accord to the courts such assistance as they may require to protect their independence and dignity so that they may exercise their judicial power appropriately and effectively pursuant to the provisions of this constitution and laws issued thereunder. article 49. the supreme court the supreme court shall be the court of last resort; and shall be presided over by the chief justice. the supreme court shall have: sole jurisdiction of interpreting this constitution and the constitutionality of any law enacted or any action taken by government; sole jurisdiction of hearing and adjudicating upon charges against a president who has been impeached by the national assembly pursuant to the provisions of article 41(6)(a) and (b) hereof; and the power of hearing and adjudicating cases appealed from lower courts pursuant to law. the supreme court shall determine its internal organization and operation. the tenure and number of justices of the supreme court shall be determined by law. article 50. lower courts the jurisdiction, organization and function of lower courts and the tenure of their judges shall be determined by law. article 51. oath every judge shall take the following oath: i, ........................., swear in ...................... that i will adjudicate in accordance with the provisions of the constitution and laws enacted thereunder and i will exercise the judicial authority vested in me, subject only to the law and my conscience. article 52. removal of judges from office a judge may be removed from office before the expiry of his tenure of office by the president only, acting on the recommendation of the judicial service commission, pursuant to the provisions of sub-article 2 of this article for physical or mental incapacity, violation of the law or breach of judicial code of conduct. the judicial service commission shall investigate whether or not a judge should be removed from office on grounds of those enumerated in sub-article 1 of this article. in the event that the judicial service commission decides that a judge be removed from office, it shall present its recommendation to the president. the president may, on the recommendation of the judicial service commission, suspend from office a judge who is under investigation. article 53. the judicial service commission there shall be established a judicial service commission, which shall be responsible for submitting recommendations for the recruitment of judges and the terms and conditions of their services. the organization, powers and duties of the judicial service commission shall be determined by law. article 54. the advocate general there shall be an advocate general whose powers and duties shall be determined by law. chapter vii. miscellaneous provisions article 55. auditor general there shall be an auditor general who audits the revenues and expenditures and other financial operations of government and who reports annually his findings to the national assembly. the auditor general shall be appointed for five years by the president with the approval of the national assembly and shall be accountable to the national assembly. the detailed organization, powers and duties of the auditor general shall be determined by law. article 56. national bank there shall be a national bank, which performs the functions of a central bank, controls the financial institutions and manages the national currency. the national bank shall have a governor appointed by the president with the approval of the national assembly. there shall be a board of directors whose members shall be appointed by the president. the detailed organization, powers and duties of the national bank shall be determined by law. article 57. civil service administration there shall be established a civil service administration, which shall be responsible for the recruitment, selection and separation of civil servants as well as for determining the terms and conditions of their employment, including the rights and duties and the code of conduct of such civil servants. the detailed organization, powers, and duties of the civil service administration shall be determined by law. article 58. electoral commission there shall be established an electoral commission, operating independently, without interference, which shall, on the basis of the electoral law, ensure that free and fair elections are held and administer their implementation; decide on issues raised in the course of the electoral process; and formulate and implement civic educational programs relating to elections and other democratic procedures. an electoral commissioner shall be appointed by the president with the approval of the national assembly. the detailed organization, powers and duties of the electoral commission shall be determined by law. article 59. amendment of the constitution a proposal for the amendment of any provision of this constitution may be initiated and tabled by the president or 50 percent of all the members of the national assembly. any provision of this constitution may be amended as follows: where the national assembly by a three-quarters majority vote of all its members proposes the amendment with reference to a specific article of the constitution tabled to be amended; and where, one year after it has proposed such an amendment, the national assembly, after deliberation, approves again the same amendment by four-fifths majority vote of all its members. preamble we, the representatives of the people of costa rica, freely elected deputies to the national constituent assembly, invoking the name of god and reiterating our faith in democracy, decree and sanction the following: title i. the republic sole chapter article 1 costa rica is a democratic, free, independent, multiethnic and multicultural republic. article 2 sovereignty resides exclusively in the nation. article 3 no one may arrogate the sovereignty; whoever does so will commit the crime of treason [against] the nation. article 4 no person or group of persons may assume the representation of the people, arrogate their rights, or make petitions in their name. the infraction of this article will be sedition. article 5 the national territory is included [comprendido] between the caribbean sea, the pacific ocean and the republics of nicaragua and panama. the limits of the republic are those determined by the cañas-jérez treaty of 15 april 1858, ratified by the laudo cleveland [cleveland decision] of 22 march 1888, with respect to nicaragua, and the echandi montero-fernandez jaen treaty of 1 may 1941 in what concerns panama. the isla del coco, situated in the pacific ocean, forms part of the national territory. article 6 the state exercises the complete and exclusive sovereignty over the aerial space of its territory, over its territorial waters within a distance of twelve miles from the line of low tide along its coats, over its continental platform and over its insular base, in accordance with the principles of international law. it also exercises, a special jurisdiction over the seas adjacent to its territory within an extension of two hundred miles from the same line, in order to protect, to preserve and to exploit exclusively all the natural resources and wealth existing in the waters, the soil and the subsoil of those zones, in accordance with such principles. article 7 the public treaties, the international agreements and the concordats, duly approved by the legislative assembly, will have from their promulgation or from the day designated by them, authority superior to that of the laws. the public treaties and the international agreements referring to the territorial integrity or the political organization of the country, will require the approval of the legislative assembly, by a vote of no less than the three-quarters part of the totality of its members, and that of two-thirds of the members of a constituent assembly, convoked to [that] effect. article 8 foreign states may only acquire within the territory of the republic, on a reciprocal basis, the real estate [inmuebles] necessary for the seat [sede] of their diplomatic representations, without prejudice to that established by international agreements. article 9 the government of the republic is popular, representative, participative, alternative and responsible. it is exercised by the people and three powers distinct and independent between themselves. the legislative, the executive and the judicial. none of the powers may delegate the exercise of the functions specific to them. a supreme tribunal of elections, with the rank and independence of the powers of the state, has as its responsibility[,] in an exclusive and independent form[,] the organization, direction and supervision of the acts relative to the suffrage, as well as the other functions that this constitution and the laws attribute to it. article 10 it will correspond to a specialized chamber of the supreme court of justice to declare, by absolute majority of its members, the unconstitutionality of the norms of any nature and of the acts subject to the public law. the jurisdictional acts of the judicial power, the declaration of election made by the supreme tribunal of elections and the others determined by the law[,] will not be impugnable by this way. it will also correspond to it: to settle the conflicts of competence between the powers of the state, the supreme tribunal of elections included, as well as with the other entities or organs that the law indicates. to take cognizance of the consultations on bills of constitutional reform, of approval of international agreements or treaties and of other bills of law, as provided in the law. article 11 the public functionaries are simple depositaries of the authority. they are obligated to fulfill the duties that the law imposes on them and they may not arrogate faculties not granted in it. they must take an oath to observe and fulfill this constitution and the laws. the action to require penal responsibility of them for their acts is public. the public administration in a broad [amplio] sense, will be submitted to a procedure of evaluation of results and accountability, with the consequent personal responsibility for the functionaries in the fulfillment of their duties. the law will specify the means for this control of results and accountability to operate as a system that covers all the public institutions. article 12 the army as a permanent institution is proscribed. for the vigilance and conservation of the public order, there will be the necessary forces of police. military forces may only be organized by a continental agreement or for the national defense; one and the other will always be subordinate to the civil power: they may not deliberate, or make manifestations or declarations in an individual or collective form. title ii. the costa ricans sole chapter article 13 [the following] are costa ricans by birth: the child of [a] costa rican father or mother born in the territory of the republic; the child of [a] father or mother costa rican by birth, who are born abroad, and who are inscribed as such in the civil registry, by the will of the costa rican progenitor, while they are minors, or on their own until they turn twenty-five years old; the child of foreign parents born in costa rica who are inscribed as costa ricans, by the will of either of their progenitors while they are minors, or on their own until they turn twenty-five years old; the infant, of unknown [ignorados] parents, found in costa rica. article 14 [the following] are costa ricans by naturalization: the ones who have acquired this nationality by virtue of previous laws. the nationals of other countries of central american, the spanish and the spanish-americans by birth, who have officially resided in the country for five years at a minimum and that fulfill the other requirements established by the law. the central americans, the spanish and the spanish-americans that are not so by birth, and the other foreigners who have officially resided in the country for seven years at a minimum and that fulfill the other requirements established by the law. the foreign woman who by contracting marriage with a costa rican loses her nationality. the foreign persons who by marring costa ricans lose their nationality or that after being married two years to costa ricans, and residing for that same time period in the country, manifest their desire to acquire the costa rican nationality. whoever holds honorary nationality granted by the legislative assembly. article 15 whoever solicits the naturalization must: accredit their good conduct, demonstrate that they have a job [oficio] or [have] known means to live, that they speak, write and read the spanish language, submit themselves to a comprehensive exam on the history of the country and its values, promise to reside in the national territory in a regular mode and swear to respect the constitutional order of the republic. the requirements and the form to process the solicitation for naturalization will be established by means of the law. article 16 the status [calidad] of costa rican is not lost and is irrenounceable. article 17 the acquisition of the nationality transcends to the children while they are minors in accordance with the regulations established in the law. article 18 the costa ricans must observe the constitution and the laws, serve the fatherland [patria], defend it and contribute to the public expenses. title iii. foreigners sole chapter article 19 foreigners have the same individual and social rights and duties as costa ricans, with the exceptions and limitations that this constitution and the laws establish. they may not intervene in the political affairs of the country, and they are submitted to the jurisdiction of the tribunals of justice and of the authorities of the republic, without recourse through [ocurrir] the diplomatic way, except for that provided by international agreements. title iv. individual rights and guarantees sole chapter article 20 every person is free in the republic; whoever is under the protection of its laws may not be slave [masculine] or slave [feminine]. article 21 the human life is inviolable. article 22 all costa ricans may move [trasladarse] and stay anywhere in the republic or out of it, as long as they are free of responsibility, and return whenever it is convenient to them. requirements may not be demanded of costa ricans that prevent their entrance into the country. article 23 the domicile and any other private premises of the inhabitants of the republic are inviolable. however, they may be intruded [allanados] by the written order of [a] competent judge, or to prevent the commission or the impunity of crimes, or to prevent grave damage to persons or to property, subject to what the law prescribes. article 24 the right to intimacy, to freedom and to the secrecy of communications is guaranteed. the private documents and the communications, written, oral or of any other type[,] of the inhabitants of the republic[,] are inviolable. nevertheless, the law, whose approval and reform will require the votes of two-thirds of the deputies of the legislative assembly, will establish in which cases the tribunals of justice may order the seizure [secuestro], search [registro], or examination of private documents, when [it] is absolutely indispensible to clarify matters submitted to their cognizance. equally, the law will determine in which cases the tribunals of justice may order the intervention of any type of communication and will indicate the crimes in the investigation of which the use of this exceptional power [potestad] may be authorized and for [durante] how much time. likewise, it will specify the responsibilities and the sanctions incurred by the functionaries who illegally apply this exception. the judicial resolutions protected under this norm must be reasoned and may be executed immediately. their application and control will be the non-delegable responsibility of the judicial authority. the law will establish the cases in which the competent functionaries of the ministry of finance [hacienda] and of the office of the comptroller general of the republic may review the books of account and their annexes for tax purposes and to supervise [fiscalizar] the correct utilization of the public funds. a special law, approved by two-thirds of the total of the deputies, will determine which other organs of the public administration may review the documents specified by that law in relation with the fulfillment of their competences of regulation and surveillance to achieve [conseguir] public purposes. likewise, it will indicate in which cases that review proceeds. the correspondence stolen or the information obtained as a result of the illegal intervention of any communication will not produce legal effects. article 25 the inhabitants of the republic have the right to associate for licit purposes. no one may be obligated to be a part of any association. article 26 everyone has the right to meet peacefully and without arms, whether for private business, or to discuss political matters and to examine the public conduct of the functionaries. meetings in private premises do not need prior authorization. those celebrated in public places will be regulated by the law. article 27 the freedom of petition, in individual or collective form, before any public functionary or official entity, and the right to obtain prompt resolution[,] are guaranteed. article 28 no one may be disturbed [inquietado] or persecuted for the expression of their opinions or for any act that does not infringe the law. the private actions that do not harm the public morality or order, or that do not prejudice third parties, are outside of the action of the law. nevertheless, it is not possible, for clergymen or laymen to invoke religious motives or to make use of religious beliefs as [a] means to make political propaganda in any form. article 29 every one may communicate their thoughts by words or in writing and publish them without prior censorship; but they will be responsible for the abuses committed in the exercise of this right, in the cases and the mode that the law establishes. article 30 the free access to the administrative departments for the purpose of [obtaining] information on matters of public interest[,] is guaranteed. the secrets of the state are reserved. article 31 the territory of costa rica will be [an] asylum to anyone persecuted for political reasons. if because of [a] legal imperative their expulsion is decreed, they can never be sent to the country where they are persecuted. extradition will be regulated by the law or by international treaties and will never proceed in cases of political crimes or [crimes] connected to them, according to the costa rican qualification. article 32 no costa rican may be compelled to abandon the national territory. article 33 all persons are equal before the law and no discrimination whatever contrary to human dignity may be practiced. article 34 no law will be given retroactive effect in prejudice to any person, or to their acquired patrimonial rights or to any consolidated juridical situations. article 35 no one may be judged by [a] commission, tribunal or judge specially appointed for the case, but [sino] exclusively by the tribunals established in accordance with this constitution. article 36 in penal matters, no one is obligated to give testimony against themselves, or against their spouse, ascendants, descendants or collateral relatives within the third degree of consanguinity or affinity inclusive. article 37 no one may be detained without proven evidence of having committed a crime, and without a written mandate of [a] judge or authority in charge of the public order, except when it concerns [a] fugitive inmate or [a] criminal [caught] in flagrante delicto; but in any case, they must be placed at the disposition of a competent judge within the peremptory time period of twenty-four hours. article 38 no person may be reduced to prison for debt. article 39 no one will be made to suffer a penalty except for [a] crime, [an] offense or [a] fault sanctioned by [a] previous law, and by virtue of a firm sentence issued by [a] competent authority, [with] prior opportunity granted to the indicted [person] to exercise their defense and through the necessary demonstration of culpability. corporal constraint in civil or labor matters or the detentions that may be decreed in [cases] of insolvency, bankruptcy or meetings of creditors do not constitute [a] violations of this article or of the two preceding [articles]. article 40 no one will be submitted to cruel or degrading treatments or to perpetual penalties, or to the penalty of confiscation. any declaration obtained by means of violence will be null. article 41 through recourse to the laws, everyone should find reparation for the injuries or damages received to their person, property or moral interests. prompt justice should be made to them, fulfilled, without degeneration and in strict accordance with the laws. article 42 one same judge may not be in several instances to decide on one same point. no one may be judged more than one time for the same punishable act. it is prohibited to reopen closed penal causes and trials decided with force of [the] thing judged [autoridad de cosa juzgada/res judicata], except when the recourse of revision proceeds. article 43 all persons have the right to terminate their patrimonial differences by means of arbitrators, even when there is a pending litigation. article 44 [a] judicial order is required to make the isolation [of a person exceed forty-eight hours; it may only be extended for up to ten consecutive days and in no case will it impede the exercise of judicial scrutiny. article 45 property is inviolable; none may be deprived of it[,] if it is not for [a] legally proven public interest, [with] prior indemnification in accordance with the law. in the case of war or internal commotion, it is not indispensible that the indemnification be prior. nevertheless, the correspondent payment will be made at the latest two years after the state of emergency has been concluded. the legislative assembly can, for reasons of public necessity through the vote of two-thirds of the totality of its members, impose on property limitations of social interest. article 46 the monopolies of a private [particular] character, and any act, even if originated in a law, which threaten or restrict the freedom of commerce, agriculture or industry, are prohibited. the action of the state aimed at preventing any monopolistic practice or tendency is of public interest. the enterprises constituted as de facto monopolies must be submitted to a special legislation. the approval of two-thirds of the totality of the members of the legislative assembly is required to establish new monopolies in favor of the state or of the municipalities. consumers and users have the right to the protection of their health, environment, security and economical interests, to receive adequate and true information; to the freedom of election, and to an equitable treatment. the state will support the organs constituted by them for the defense of their rights. the law will regulate these matters. article 47 any author, inventor, producer or merchant will temporarily enjoy the exclusive property of their work, invention, trademark or trade name, in accordance with the law. article 48 all persons have the right to the recourse of habeas corpus to guarantee their personal freedom and integrity, and to the recourse of amparo to maintain or reestablish the enjoyment of the other rights consecrated in this constitution, as well as those of a fundamental character established in the international instruments concerning human rights, applicable in the republic. both recourses will be of the competence of the chamber indicated in article 10. article 49 the contentious-administrative jurisdiction is established as [an] attribution of the judicial power, with the objective of guaranteeing the legality of the administrative function of the state, of its institutions and of any other entity of public law. the diversion of power will be a motive of impugnment of the administrative acts. the law will protect, at least, the subjective rights and the legitimate interests of those administrated. title v. social rights and guarantees sole chapter article 50 the state will procure the greatest well-being to all the inhabitants of the country, organizing and stimulating production and the most adequate distribution [reparto] of the wealth. all persons have the right to a healthy and ecologically balanced environment. for that, they are legitimated to denounce the acts that infringe this right and to claim reparation for the damage caused. the state will guarantee, will defend and will preserve this right. the law will determine the responsibilities and corresponding sanctions. every person has the human, basic and non-renounceable right of access to potable water, as an essential material for life. water is an asset of the nation, essential to protect such human right. its use, protection, sustainability, conservation and exploitation will be governed by that which the law created for these effects establishes[,] and the supply of potable water for consumption by persons and the populations will have priority. article 51 the family, as [a] natural element and foundation of society, has the right to the special protection of the state. the mother, the child [masculine] and the child [feminine], senior adult persons and persons with disabilities[,] will equally have right to that protection. article 52 marriage is the essential basis of the family and rests on the equality of rights of the spouses. article 53 the parents have the same obligations to their children born out of the marriage as to those born in it. all persons have the right to know who their parents are, in accordance with the law. article 54 all personal qualification on the nature of the filiation is prohibited. article 55 the special protection of the mother and of the minor will be the responsibility of an autonomous institution denominated [the] patronato nacional de la infancia [national patronage of infancy], with the collaboration of the other institutions of the state. article 56 work is a right of the individual and an obligation with society. the state must procure that everyone has an honest and useful occupation, duly remunerated, and because of this to impede the establishment of conditions that in some form diminish the freedom or the dignity of man or degrade his work to the condition of simple merchandise. the state guarantees the right to free election of [a] job. article 57 all workers have the right to a minimum salary, fixed periodically, for a normal working day, that procures them [a] well-being and [a] dignified existence. the salary will always be equal for equal work in identical conditions of efficiency. all [matters] relative to the fixing of the minimum salaries will be the responsibility of the technical organ that the law determines. article 58 the ordinary daytime working day may not exceed eight hours a day and forty-eight a week. the ordinary nighttime working day may not exceed six hours a day and thirty-six a week. the work during extraordinary hours must be remunerated with fifty percent more than the stipulated incomes or salaries. nevertheless, these provisions will not be applied in very qualified cases of exception, that the law determines. article 59 all workers will have the right to one day of rest after six consecutive days of work, and to annual paid vacations, of which the extent and opportunity will be regulated by the law, but in no case will include less than two weeks for every fifty weeks of continuous service; all without prejudice to the very qualified exceptions that the legislator establishes. article 60 both the employers and the workers may freely syndicate themselves, with the exclusive purpose of obtaining and preserving economic, social or professional benefits. it is prohibited to foreigners to exercise directive [roles] or authority in the trade unions. article 61 the right of employers to lock-out and of workers to strike is recognized, except in the public services, in accordance with the determination made of them by the law and in accordance with the regulations that it establishes, which must overrule any act of coercion or of violence. article 62 the collective conventions of work that, in accordance with the law, are agreed to between employers or trade-unions of employers and trade-unions of workers legally organized[,] will have force of law. article 63 the workers terminated without just cause will have the right to an indemnification when they are not covered by an unemployment insurance. article 64 the state will promote the creation of cooperatives, as a mean to facilitate better conditions of life for the workers. in the same way, it will procure the development of solidarity as an instrument of economic and social growth of the workers, both in the private sector and in the public sector. in the same way, it will recognize the right of employers and workers to organize themselves freely in associations of solidarity, in order to obtain better conditions of life and economic and social development. article 65 the state will promote the construction of popular housing and will create the family patrimony of the worker. article 66 all employers must adopt in their enterprises the necessary measures for the hygiene and safety [seguridad] of work. article 67 the state will see to the technical and cultural preparation of the workers. article 68 no discrimination may be made with respect to salary, advantages or conditions of work between costa ricans and foreigners, or with respect to some group of workers. in equal conditions the costa rican worker must be preferred. article 69 the contracts of rural share-farming will be regulated in order to assure the rational exploitation of the land and the equitable distribution of its products between owners and share-farmers [aparceros]. article 70 a jurisdiction of work dependent of the judicial power[,] will be established. article 71 the laws will give special protection to the women and the minors in their work. article 72 the state will maintain, while [an] unemployment insurance does not exist, technical and permanent system of protection for the involuntarily unemployed, and will procure the reintegration of them into work. article 73 social securities for the benefit of the manual and intellectual workers are established, regulated by the system of compulsory [forzosa] contribution of the state, employers and workers, in order to protect them against the risks of sickness, disability, maternity, old age, death and other contingencies that the law determines. the administration and the government of the social securities will be the responsibility of an autonomous institution, denominated [the] caja costarricense de seguro social [costa rican bank of social security]. the funds and the reserves of the social securities may not be transferred or used for distinct purposes [other] than those which motivated their creation. the insurances against occupational risks will be of exclusive account of the employers and will be governed by special provisions. article 74 the rights and the benefits to which this chapter refers are irrenounceable. their enumeration does not exclude others that are derived from the christian principle of social justice and that the law indicates; they will be applicable equally to all the concurrent factors of the process of production, and [are] regulated in social legislation and labor [legislation], in order to procure a permanent policy of national solidarity. title vi. religion sole chapter article 75 the roman, catholic, apostolic religion is that of the state, which contributes to its maintenance, without preventing the free exercise in the republic of other beliefs that do not oppose themselves to the universal morality or good customs. title vii. the education and the culture sole chapter article 76 spanish is the official language of the nation. however, the state will see to the maintenance and cultivation of the national indigenous languages. article 77 public education will be organized as a complete [integral] process correlated in its various cycles, from the preschool to the university. article 78 the preschool, basic general and diversified education are obligatory and, in the public system, [are] gratuitous and financed [costeada] by the nation. for the state education, superior [education] included, the public expenditure will not be inferior to the annual eight percent (8%) of the gross domestic product, in accordance with the law, without prejudice to that established in articles 84 and 85 of this constitution. the state will facilitate the technological access to all the levels of education, as well as the pursuit of superior studies to those without pecuniary resources. the conferral of the scholarships and the aids [auxilios] will be in charge of the ministry of the branch, through the organ that the law determines. article 79 the freedom of teaching is guaranteed. however, all private educational centers will be under the inspection of the state. article 80 the private initiative in educational matter will merit stimulus from the state, in the form that the law indicates. article 81 the general direction of the official education corresponds to a superior council integrated as the law specifies, presided over by the minister of the branch. article 82 the state will provide food and clothing to the indigent pupils, in accordance with the law. article 83 the state will sponsor and organize the education of adults, destined to combat illiteracy and to provide [a] cultural opportunity to those who wish to improve their intellectual, social and economic condition. article 84 the university of costa rica is an institution of superior culture that enjoys independence in the performance of its functions and of full juridical capacity to acquire rights and to contract obligations, as well as to give itself its own organization and government. the other institutions of university superior education of the state will have the same functional independence and equal juridical capacity as the university of costa rica. the state will endow them with [their] own patrimony and will collaborate in their financing. article 85 the state will endow the university of costa rica, the technological institute of costa rica, the national university and the universidad estatal a distancia with [their] own patrimony and will create for them [their] own income independently from those originated in these institutions. in addition, it will maintain--with the current income and other that would be necessary--a special fund for the financing of the state superior education. the central bank of costa rica will administrate that fund and, each month, it will provide it in twelfths, to the order of the mentioned institutions, according to the distribution determined by the body responsible for the coordination of the university state superior education. the income of that special fund may not be abolished or diminished, without creating, simultaneously, other improvements to substitute them. the body responsible for the university state superior education will prepare a national plan for this education, taking into account the guidelines established by the national development plan in force. this plan must be concluded, at the latest, [on] the 30th of june of the years divisible by five and it will cover the immediately following five-year [mandate]. in it will be included, both the expenditures of operation and the expenditures of investment that are considered necessary for the good performance of the institutions mentioned in this article. the executive power will include, in the ordinary budget of expenditures of the republic, the correspondent amount, specified in the plan, adjusted in accordance with the variation of the purchasing power of the currency. any dispute that may arise, with respect to the approval of the amount budgeted of the national plan of state superior education, will be resolved by the legislative assembly. article 86 the state will train professional teachers through special institutions, of the university of costa rica and of the other institutions of university superior education. article 87 the freedom of professorship is [a] fundamental principle of the university teaching. article 88 for the discussion and approval of bills of law relative to the matters placed under the competence of the university of costa rica and of the other institutions of university superior education, or directly related to them, the legislative assembly must previously hear the university council or the directive organ corresponding to each one of them. article 89 [the following] are among the cultural objectives of the republic: to protect the natural beauties, to preserve and to develop the historic and artistic patrimony of the nation and to support the private initiative for scientific and artistic progress. title viii. political rights and duties chapter i. the citizens article 90 citizenship is the set of political rights and duties that correspond to the costa ricans older than eighteen years of age. article 91 citizenship is suspended only: by judicially declared interdiction; by a sentence imposing the penalty of suspension of the exercise of political rights. article 92 citizenship is recovered in the cases and through the means that the law determines. chapter ii. suffrage article 93 suffrage is [a] primordial and obligatory civic function and is exercised before the electoral boards [juntas] in a direct and secret vote, by the citizens registered in the civil registry. article 94 the costa rican citizen by naturalization may not vote except after twelve months of having obtained the respective letter [carta]. article 95 the law will regulate the exercise of suffrage in accordance with the following principles: autonomy of the electoral function; obligation of the state to register, of office, the citizens in the civil registry and to provide them with [an] identity form to exercise suffrage; effective guarantees of freedom, order, purity [pureza] and impartiality on the part of the government authorities; guarantees that the system to emit the suffrage facilitates to the citizens the exercise of this right; identification of the elector through a form [cédula] with [a] photograph or other appropriate technical means provided [dispuesto] by the law for such effect; guarantees of representation for the minorities; guarantees of political pluralism; guarantees for the designation of authorities and candidates of the political parties, according to democratic principles and without discrimination based on gender. article 96 the state may not deduct anything from the remunerations of the public servants for the payment of political debts. the state will contribute to defray the expenses of the political parties, in accordance with the following provisions: the contribution will be of zero point nineteen percent (0.19%) of the gross domestic product of the two previous years to the celebration of the election for president, vice presidents of the republic and deputies to the legislative assembly. the law will determine in which cases a reduction of this percentage may be agreed to. this percentage will be allocated to cover the expenses generated by the participation of the political parties in those electoral processes, and to satisfy the necessities of political training and organization. each political party will establish the percentages corresponding to these rubrics. the political parties that participate in the electoral processes specified in this article and achieve [alcanzaren] at least four percent (4%) of the suffrage validly emitted on [a] national scale or those registered on [a] provincial scale, that obtain as minimum that percentage in the province or elect, at least, one deputy[,] will have the right to the state contribution. [with] previous granting of the corresponding bonds [cauciones], the political parties will have the right to be advanced part of the state contribution, as determined by the law. to receive the contribution from the state, the parties must prove their expenses before the supreme tribunal of elections. the private contributions to the political parties will be submitted to the principle of publicity and will be regulated by law. the law that establishes the procedures, means of control and other regulations for the application of this article, will require, for its approval and reform, the vote of two-thirds of the total of the members of the legislative assembly. article 97 for the discussion and approval of bills of law relative to electoral matters, the legislative assembly must consult the supreme tribunal of elections; to divert from its opinion the vote of the two-thirds part of the total of its members will be necessary. nevertheless, within the six months prior to and the four [months] after the celebration of a popular election, the legislative assembly may not convert into laws the bills on these matters with respect to which the supreme tribunal of elections should have manifested its disagreement. article 98 the citizens will have the right to group themselves in parties to intervene in the national policy, as long as the parties commit themselves in their programs to respect the constitutional order of the republic. the political parties will express political pluralism, will participate in the formation and manifestation of the popular willingness and will be fundamental instruments for political participation. their creation and the exercise of their activity will be free within respect for the constitution and the law. their internal structure and functioning must be democratic. chapter iii. the supreme tribunal of elections article 99 the organization, direction and supervision of the acts relative to the suffrage, correspond in exclusive form to the supreme tribunal of elections, which enjoys independence in the performance of its mission. the other electoral organs are dependent of the tribunal. article 100 the supreme tribunal of elections will be integrated, ordinarily by three titular magistrates and six substitutes, appointed by the supreme court of justice by the votes of no less than two-thirds of the total of its members. they must meet equal conditions[,] and they will be subject to the same responsibilities[,] as the magistrates that integrate the court. from one year prior to and until six months after the celebration of the general elections for president of the republic or deputies to the legislative assembly, the supreme tribunal of elections must enlarge itself with two of its substitute magistrates to form, in that interval, a tribunal of five members. the magistrates of the supreme tribunal of elections will be subject to the conditions of work, in whatever is applicable, and to the minimum time of daily work that the organic law of the judicial power indicates for the magistrates of the chamber of cassation, and will receive the remunerations established for them. article 101 the magistrates of the supreme tribunal of elections will remain in their offices six years. a titular and two substitutes must be renewed every two years, but they may be re-elected. the magistrates of the supreme tribunal of elections will enjoy the immunities and prerogatives that correspond to the members of the supreme powers. article 102 the supreme tribunal of elections has the following functions: to convoke [the] popular elections; to appoint the members of the electoral boards, in accordance with the law; to interpret in exclusive and obligatory form the constitutional and legal provisions referring to electoral matters; to take cognizance in appeal of the appealable resolutions issued by the civil registry and the electoral boards; to investigate by itself or through delegates, and to pronounce itself with regard to any complaint formulated by the parties on [the] political partiality of the servants of the state in the exercise of their offices, or on political activities of functionaries to whom it is prohibited to exercise them. the declaration of culpability pronounced by the tribunal will be obligatory cause for dismissal and will incapacitate the culpable [person] from exercising public offices for a period of no less than two years, without prejudice to the penal responsibilities that may be demanded of them. however, if the investigation initiated [practicada] includes charges against the president of the republic, ministers of government, diplomatic ministers, comptroller and sub-comptroller general of the republic, or magistrates of the supreme court of justice, the tribunal will limit itself to give account to the legislative assembly of the result of the investigation; to issue, with regard to the public force, the pertinent measures for the electoral processes to develop in conditions of unrestricted freedom and guarantees. in the case that military conscription is decreed, the tribunal may equally issue the adequate measures not to obstruct the electoral process, so [that] all citizens may freely emit their vote. the tribunal may have to fulfill these measures itself, or through the delegates it designates; to effect the definitive count of the suffrage emitted in the elections for president and vice presidents of the republic, deputies to the legislative assembly, members of the municipalities and representatives to constituent assemblies; to make the definitive declaration of the election of president and vice presidents of the republic, within the thirty days following the date of the vote and in the time period that the law determines, [and] that of the other functionaries mentioned in the preceding paragraph; to organize, to direct, to supervise, to count and to declare the results of the processes of referendum. more than one referendum per year may not be convoked; or during the six months prior to or after the presidential election. the results will be binding for the state if, at least, thirty percent (30%) of the citizens registered in the electoral roll participate, for the ordinary legislation, and forty percent (40%) as [a] minimum, for the partial reforms of the constitution and the matters that require legislative approval by [a] qualified majority. the other functions entrusted to it by this constitution or the laws. article 103 the decisions of the supreme tribunal of elections have no recourse, except the action for prevarication [acción por prevaricato]. article 104 under the exclusive dependency of the supreme tribunal of elections is the civil registry, [of] which [the] functions are: to keep the central registry of the civil estate and to form the lists of electors; to decide on the applications to acquire or to recover the quality of costa rican, as well as the cases of loss of nationality; to execute the judicial sentences that suspend citizenship and to decide the procedures to recover it. the decisions issued by the civil registry in accordance with the attributions referred to in this paragraph, are appealable before the supreme tribunal of elections; to issue the identity forms; the other attributions that this constitution and the laws specify to it. title ix. the legislative power chapter i. organization of the legislative assembly article 105 the power to legislate resides in the people, who delegate it to the legislative assembly through suffrage. such power may not be renounced or be subjected to limitations through any agreement or contract, directly or indirectly, except for the treaties, accordingly to the principles of international law. the people may also exercise this power through the referendum, to approve or to abrogate laws and partial reforms of the constitution, when convoked by at least five percent (5%) of the citizens inscribed in the electoral roll; the legislative assembly, through the approval of the two-thirds part of the total of its members, or the executive power jointly with the absolute majority of the totality of the members of the legislative assembly. the referendum will not proceed if the bills are relative to budgetary, tax, fiscal, monetary, credit, pension [or] security matters [or matters of] approval of loans and contracts or acts of an administrative nature. this institution will be regulated by law, approved by the two-thirds part of the totality of the members of the legislative assembly. article 106 the deputies hold this character by the nation and will be elected by provinces. the assembly is composed of fifty-seven deputies. each time a general population census is realized, the supreme tribunal of elections will assign to the provinces the deputations, in proportion to the population of each one of them. article 107 the deputies will remain in their offices for four years and may not be reelected in [a] successive form. article 108 to be a deputy it is required to: be a citizen in exercise; be costa rican by birth, or by naturalization with ten years of residence in the country after having obtained the nationality; be already twenty-one years old. article 109 [the following] may not be elected deputies, or register as candidates to that function: the president of the republic or whoever substitutes him in the exercise of the presidency at the time of the election; the ministers of government; the titular magistrates of the supreme court of justice; the titular and substitute magistrates of the supreme tribunal of elections, and the director of the civil registry; the military [personnel] on active service; those who exercise jurisdiction, civil or police authority, extensive to a province; the managers of the autonomous institutions; the relatives of whoever exercises the presidency of the republic within the second degree of consanguinity or affinity, inclusive. these incompatibilities will affect whoever performs the indicated offices within the six months prior to the date of the election. article 110 the deputies are not responsible for the opinions they emit at the assembly. during the sessions they may not be arrested for a civil cause, except [by] authorization of the assembly or that the deputy consents to it. from the moment they are declared elected titular or substitute, until their legal period ends, they may not be deprived of their freedom for a penal motive, except when they have been previously suspended by the assembly. this immunity has no effect in the case of flagrante delicto, or when the deputy renounces it. nevertheless, the deputies who have been detained for flagrante delicto, will be released if the assembly orders it. article 111 no deputy may accept, after [taking] the oath, under penalty of losing their credential, office or employment of the other powers of the state or of the autonomous institutions, except when it concerns a ministry of government. in this case they will be reinstated to the assembly at the ceasing of their functions. this prohibition does not rule [no rige] for those being called to be part of international delegations, or to those performing offices in charitable institutions, or to professors of the university of costa rica or of other institutions of superior education of the state. article 112 the legislative function is also incompatible with the exercise of any other public office of popular election. the deputies may not celebrate, directly or indirectly, or through representation, any contract with the state, or obtain concession of public assets that imply privilege, or intervene as directors, administrators or managers in enterprises that contract with the state, works, supplies, or exploitation of public services. the violation of any of the prohibitions written in this article or the previous one, will produce the loss of the credential of deputy. the same will occur if in the exercise of a ministry of government, the deputy would incur in any of those prohibitions. the deputies must fulfill the duty of probity. the violation of this duty will result in the loss of the credential of deputy, in the cases and in accordance with the procedures that a law will establish which will be approved by two-thirds of the total of the members of the legislative assembly. article 113 the law will establish the assignment and the technical and administrative aids granted to the deputies. article 114 the assembly will reside in the capital of the republic, and to either transfer its seat to another place or to suspend its sessions for a determined time, two-thirds of the votes of the total of its members will be required. article 115 the assembly will elect its directorate [directorio] at the beginning of each legislature. the president and the vice president must meet the same conditions as required to be president of the republic. the president of the assembly will take the oath before him and the deputies before the president. article 116 the legislative assembly will meet every year on the first day of may, even if it has not been convoked, and its ordinary sessions will last six months, divided in two periods: from the first of august to the thirty-first of october, and from the first of february to the thirtieth of april. one legislature includes the ordinary and extraordinary sessions celebrated between the first of may and the following thirtieth of april. article 117 the assembly may not effect its sessions without the attendance of two-thirds of the total of its members. if on the specified day it was impossible to initiate the sessions, or if opened, they could not continue due to lack [falta] of quorum, the members present will order the absent-ones, under the sanctions established by the regulations, for them to attend, and the assembly will open or continue the sessions when the required number is met. the sessions will be public except [if] for very qualified reasons and [reasons] of general appropriateness it is agreed that they be secret[,] by a vote of no less than the two-thirds part of the deputies present. article 118 the executive power may convoke the legislative assembly to extraordinary sessions. in these[,] it will not take cognizance of matters different [from] those expressed in the decree of convocation, except [if] it concerns [se trate] the appointing of functionaries that corresponds to the assembly to make, or the legal reforms that are indispensable to resolve [resolver] the matters submitted to its cognizance. article 119 the resolutions of the assembly will be taken by [an] absolute majority of votes present, except in the cases in which this constitution demands a greater vote. article 120 the executive power will make available to the legislative assembly, the police force requested by [its] president. chapter ii. attributions of the legislative assembly article 121 in addition to the other attributions that this constitution confers on it, it corresponds exclusively to the legislative assembly: to adopt the laws, to reform them, to derogate them and to give to them authentic interpretation, except [for] that said in the chapter referring to the supreme tribunal of elections; to designate the premises for its sessions, to open and to close them and to suspend them and to continue them when it agrees on it: to appoint the titular and the substitute magistrates of the supreme court of justice; to approve or to disapprove the international agreements, public treaties and concordats. the public treaties and international agreements, that attribute or transfer specific competences to a community juridical order, with the purpose of realizing regional and common objectives, will require the approval of the legislative assembly, by a vote of no less than the two-thirds of the totality of its members. the protocols of lesser rank, derived from public treaties or international agreements approved by the assembly, will not require legislative approval when these instruments expressly authorize such derivation. to give or not its assent for the entrance of foreign troops into the national territory and for the stationing of ships of war in the ports and airports; to authorize the executive power to declare the state of national defense and to agree to peace; to suspend by a vote of no less than the two-thirds of the totality of its members, in the case of evident public necesity, the individual rights and guarantees written in articles 22, 23, 24, 26, 28, 29, 30 and 37 of this constitution. this suspension may be of all or of some rights and guarantees, for the totality or part of the territory, and [for] up to thirty days; during this, and with regard to persons, the executive power may only order their detention in establishments not allocated to common inmates, or decree their confinement to inhabited places. it must also give account to the assembly at its next meeting on the measures taken to safeguard the public order or to maintain the security of the state. in no case may individual rights and guarantees not written in this paragraph be suspended; to receive the oath of law and to take cognizance of the resignations of the members of the supreme powers, with the exception of the ministers of government; to decide on the doubts that may occur in the case of physical or mental incapacity of who is exercising the presidency of the republic, and to declare if [the person] who must substitute [for] him must be called to the exercise of the power; to admit or not the accusations interposed against whoever is exercising the presidency of the republic, vice presidents, members of the supreme powers and diplomatic ministers, declaring by the two-thirds part of votes of the total of the assembly if [a] cause should be formed or not against them, placing them, in [the] affirmative case, at the disposition of the supreme court of justice for its judgment; to decree the suspension of any of the functionaries mentioned in the preceding paragraph, when proceeding against them for common crimes; to adopt the ordinary and extraordinary budgets of the republic; to appoint the comptroller and sub-controller general of the republic; to establish the national taxes and contributions, and to authorize the municipal ones; to decree the sale or the application to public uses of the assets proprietary to the nation. [the following] may not be definitively outside of the domain of the state: the power that may be obtained from the waters of the public domain in the national territory; the deposits of coal, the sources and deposits of oil, and any other hydrocarbon substances, as well as the deposits of radioactive minerals existing in the national territory; the wireless services. the assets mentioned in paragraphs a), b), and c) above may only be exploited by the public administration[,] or by individuals [particulares], in accordance with the law or through special concession granted for a limited time and in accordance with the conditions and stipulations established by the legislative assembly. the national railroads, docks and airports--the latter while in service--may not be sold, leased or imposed with taxes, directly or indirectly, or be outside of the domain and control of the state in any form. to approve or disapprove the loans or similar agreements that relate to the public credit, celebrated by the executive power. to effect the contracting of loans abroad or for those that, even when agreed in the country, will be financed with foreign capital, it is necessary that the respective bill be approved by the two-thirds part of the total of the votes of the members of the legislative assembly. to grant honorary citizenship for notable services provided to the republic, and to decree honors to the memory of the persons whose eminent performances have made them entitled to those distinctions. to determine the law of the monetary unit and to legislate on the currency, the credit, the weights and measures. to determine the law of the monetary unit, the assembly must previously collect the opinion of the technical organ in charge of the monetary regulation; to promote the progress of the sciences and the arts and to assure for a limited time, to the authors and inventors, the property of their respective works and inventions; to create establishments for the teaching and progress of the sciences and of the arts, specifying incomes for their sustainment and specially to procure the generalization of the elementary education; to create the tribunals of justice and the other organs for the national service; to grant by [the] vote of no less than the two-thirds part of the totality of its members, general amnesty and pardons for political crimes, with the exception of the electoral ones, with regard to which there can be no pardon; to give itself the regulations for its internal regime, which, once adopted, may not be modified except by [the] vote of no less than the two-thirds part of the total of its members; to appoint commissions from within to investigate any matter entrusted to them by the assembly, and to render the corresponding report. the commissions will have free access to all the official dependencies to realize the investigations and collect the data they judge necessary. they may receive all kinds of evidence and make any person appear before them, with the purpose of questioning them; to formulate interpellations to the ministers of government, and furthermore, by two-thirds of [the] votes present, censure the same functionaries, when in the opinion of the assembly they are guilty of unconstitutional or illegal acts, or of grave errors that have caused or may cause evident prejudice to the public interests. the matters in process of a diplomatic character or those referring to pending military operations are excepted from both cases. article 122 the assembly is prohibited from giving votes of applause [votos de aplauso/votes of approval or thanks] regarding official acts, as well as recognizing[,] to the responsibility of the public treasury[,] obligations that have not been previously declared by the judicial power, or accepted by the executive power, or to grant scholarships, pensions, retirements or gratifications. chapter iii. formation of the laws article 123 during the ordinary sessions, the initiative to form the laws corresponds to any member of the legislative assembly, to the executive power, through the ministers of government and to five percent (5%) as [a] minimum, of the citizens registered in the electoral roll, if the bill is of popular initiative. the popular initiative will not proceed when it concerns bills relative to budgetary, tax, [or] fiscal matters, [or matters] of approval of loans and contracts or acts of [an] administrative nature. the bills of law of popular initiative must be voted definitively within the peremptory time period indicated in the law, except those of constitutional reform, which will follow the process specified in article 195 of this constitution. a law adopted by the two-thirds part of the total of the members of the legislative assembly, will regulate the form, the requirements and the other conditions that must be fulfilled by the bills of law of popular initiative. article 124 to become [a] law, all bills must be the object of two debates, each one on a different non-consecutive day, obtain the approval of the legislative assembly and the sanction of the executive power; additionally, they must be published in la gaceta [the official journal], without prejudice to the requirements that this constitution establishes both for special cases and for those decided by popular initiative and referendum, according to articles 102, 105, 123 and 129 of this constitution. the agreements taken in use of the attributions enumerated in paragraphs 2), 3), 5), 6), 7), 8), 9), 10), 12), 16), 21), 22), 23) and 24) of article 121[,] as well as the legislative act to convoke to referendum, which will be voted in a sole session and must be published in la gaceta[,] will not have the character of laws or require, therefore, the previous proceedings. the legislative assembly may delegate, in permanent commissions, the cognizance and the approval of bills of law. however, the assembly may retract to itself [avocar], at any moment, the debate or the vote of the bills that have been [the] object of delegation. the delegation does not proceed if it concerns the bills of law relative to electoral matters, to the creation of national taxes or to the modification of the existing [ones], to the exercise of the faculties specified in paragraphs 4), 11), 14), 15) and 17) of article 121 of the political constitution, to the convocation to a constituent assembly, to any effect, and to the partial reform of the political constitution. the assembly will appoint the permanent commissions with full legislative power, in [a] manner that their composition reflects, proportionally, the number of deputies of the political parties that compose it. the delegation must be approved by [a] majority of two-thirds of the totality of the members of the assembly, and the retraction, by [an] absolute majority of the deputies present. the regulations of the assembly will regulate the number of these commissions and the other conditions for the delegation and the retraction, as well as the procedures to be applied in these cases. the legislative approval of contracts, agreements and other acts of an administrative nature, will not give those acts [the] character of laws, even if is done through the ordinary processing of them. article 125 if the executive power does not approve the bill of law voted by the assembly, it will veto it and return it with the pertinent objections. the veto does not proceed regarding the bill that approves the ordinary budget of the republic. article 126 within the ten working days counted from the date on which a bill of law approved by the legislative assembly has been received, the executive power may object to it because it judges it inappropriate or believes [crea] it necessary to make reforms to it; in the latter case it will propose them when returning the bill. the executive power may not refrain from [dejar de] sanctioning it and publishing it if it does not object to it within that time period. article 127 the bill [being] reconsidered by the assembly, with the observations of the executive power, and if the assembly rejects them and the bill is approved again by two-thirds of [the] votes of the total of its members, it will be sanctioned and will be ordered for execution as law of the republic. if the proposed modifications are adopted, the bill will be returned to the executive power, which may not refuse the sanction of it. if they are rejected, and if the two-thirds of [the] votes to reseal it are not met, it will be archived and may not be considered until the next legislature. article 128 if the veto is founded on reasons of unconstitutionality not accepted by the legislative assembly, it will send the legislative decree to the chamber indicated in article 10, for it to resolve the dispute within the following thirty calendar days from the date on which it receives the file [expediente]. the provisions declared unconstitutional will be considered rejected and the others will be sent to the legislative assembly for the corresponding proceedings. the same will be done with the bill of law approved by the legislative assembly, when the chamber declares that it does not contain unconstitutional provisions. article 129 the laws are obligatory and take effect from the day that they designate; in absence of this requirement, ten days after their publication in the diario oficial. no one may allege ignorance of the law except in the cases that it authorizes. the renunciation of the laws in general does not have efficacy, or the specific [renunciation] of those of public interest. the acts and agreements contrary to the prohibitive laws will be null, if the same laws do not provide otherwise. a law is not abrogated or derogated except by a subsequent one; disuse, custom or practice to the contrary may not be alleged against its observance. by way of referendum, the people may abrogate it or derogate it, in accordance with article 105 of this constitution. title x. the executive power chapter i. the president and the vice presidents of the republic article 130 the president of the republic and the ministers of government[,] with the character of obligated collaborators[,] exercise the executive power in the name of the people. article 131 [the following] is required to be president or vice president of the republic: to be costa rican by birth and [a] citizen in exercise; to have secular status; to be older than thirty years. article 132 [the following] may not be elected president or vice president: whoever served in the presidency in any interval within the eight years prior to the period for which exercise the election is verified, or the vice president or [the person] who substitutes [for] him, who served it during the greater part of any of the periods included in the expressed eight years; the vice president who retained that character in the twelve months preceding the election, and who in his place exercised the presidency for any interval within that term; whoever is by consanguinity or affinity [an] ancestor], descendant, or sibling of the person occupying the presidency of the republic when effecting the election or of whoever performed it in any interval within the six months preceding that date; whoever was minister of government during the twelve months preceding the date of the election; the titular magistrates of the supreme court of justice, the titular and substitutes magistrates of the supreme tribunal of elections, the director of the civil registry, the directors or managers of the autonomous institutions, the comptroller and sub-controller general of the republic. this incompatibility includes the persons who performed the offices indicated within the twelve months preceding the date of the election. article 133 the election of president and vice presidents will be held on the first sunday of february of the year in which the renewal of these functionaries must be effected. article 134 the presidential period will be of four years. the actions of the public functionaries and of the individuals that violate the principle of alternation in the exercise of the presidency, or that of free presidential succession, consecrated by this constitution[,] will imply treason to the republic. the responsibility derived from such actions will be imprescriptible. article 135 there will be two vice presidents of the republic, who will replace the president in his absolute absence, in the order of their nomination. in his temporary absences, the president may call either of the vice presidents for [them] to substitute him. when none of the vice president may fill the temporary or permanent absences of the president, the president of the legislative assembly will occupy the office. article 136 the president and the vice presidents of the republic will take possession of their offices on the eighth day of may; and the constitutional period [being] terminated[,] they will cease by that same fact in the exercise of them. article 137 the president and the vice presidents will take an oath before the legislative assembly; but if they could not do so before it, they will do so before the supreme court of justice. article 138 the president and the vice presidents will be elected simultaneously and by a majority of votes that exceeds forty percent of the total number of [the] suffrage validly emitted. the candidates for president and vice presidents of a party, must figure for their election in a same list [of nominations], with the exclusion of any other functionary to be elected. if none of the lists [of nominations] reaches the indicated majority, a second popular election will be practiced on the first sunday of april of the same year between the two lists [of nominations] that received more votes, those that figure on the one that obtains the greater number of [the] suffrage being elected. if in any of the elections two lists [of nominations] result with [an] equal number of sufficient suffrage, the oldest candidate will be considered [tendrá por] elected as president, and the respective candidates of the same list [of nominations] as vice presidents. the citizens included in a list [of nominations] already registered according to the law may not renounce the candidacy to the presidency or vice presidencies, nor may the candidates of the two list [of nominations] that obtained [the] greater number of votes in the first [election] abstain themselves from figuring in the second election. chapter ii. duties and attributions of those who exercise the executive power article 139 [the following] are exclusive duties and attributions of those who exercise the presidency of the republic; to freely appoint and to remove the ministers of government; to represent the nation in the acts of official character; to exercise the supreme command of the public force; to present to the legislative assembly, at the initiation of the first annual period of sessions, a written message relative to the various matters of the administration and to the political state of the republic and in which he must, additionally, propose the measures that he judges important for the good functioning of the government and the progress and wellbeing of the nation; to previously communicate to the legislative assembly, when he intends to leave the country, the motives for his trip. article 140 [the following] are duties and attributions that correspond jointly to the president and to the respective minister of government: to freely appoint and to remove the members of the public force, the employees and functionaries who serve offices of confidence, and the others that, in very qualified cases, the law of [the] civil service determines; to appoint and to remove, subject to the requirements provided by the law of [the] civil service, the rest of the [public] servants of their dependency; to sanction and to promulgate the laws, to regulate them, to execute them and to see to their exact fulfillment; in the recesses of the legislative assembly, to decree the suspension of [the] rights and guarantees that paragraph 7) of article 121 refers to[,] in the same cases and with the same limitations established there[,] and immediately give account to the assembly. the decree of suspension of guarantees is equivalent, ipso facto, to the convocation of the assembly to sessions, which must meet within the following forty-eight hours. if the assembly does not confirm the measure by two-thirds of the votes of the totality of its members, the guarantees will be considered restored. if because of lack of quorum the assembly cannot meet, it will do so the next day with any number of deputies. in this case the decree of the executive power needs to be approved by [a] vote of no less than the two-thirds part of those present; to exercise the initiative in the formation of the laws, and the right of veto; to maintain the order and the tranquility of the nation, to take the necessary measures [providencias] for the guarding of the public liberties; to provide for the collection and the investment of the national incomes in accordance to the laws; to see to the good functioning of the administrative services and dependencies; to execute and to have fulfilled all that decided [on] or provided [for] in the matters of their competence [by] the tribunals of justice and the electoral organs, at the solicitation of the same; to celebrate agreements, public treaties and concordats, to promulgate them and to execute them once approved by the legislative assembly or by a constituent assembly, when that approval is required by this constitution. the protocols derived from those public treaties or international agreements that do not require legislative approval, will enter into force once promulgated by the executive power. to render to the legislative assembly the reports that it solicits from them is use of its attributions; to direct the international relations of the republic; to receive the heads of state as well as the diplomatic representatives, and to admit the consuls of other nations; to convoke the legislative assembly to ordinary and extraordinary sessions; to send to the legislative assembly the bill of national budget at the time and with the requirements determined in this constitution; to dispose of the public force to preserve the order, defense and security of the country; to issue navigation licenses; to give themselves the appropriate regulations for the internal regime of their offices and to issue the other regulations and ordinances necessary for the prompt execution of the laws; to subscribe the administrative contracts not included in paragraph 14) of article 121 of this constitution, under reserve of submitting them to the approval of the legislative assembly when they stipulate [the] exemption of taxes or rates, or [when] they have for their object the exploitation of public services, natural resources or wealth of the state. the legislative approval of these contracts will not give them character of laws nor will exempt them from their administrative juridical regime. that provided in this paragraph will not be applicable to the loans or other similar agreements, referred to in paragraph 15) of article 121, which will be governed by their special norms; to fulfill the other duties and to exercise the other attributions that this constitution and the laws confer to them. chapter iii. the ministers of government article 141 for the dispatch of the business that corresponds to the executive power there will be the ministers of government that the law determines. it will be possible to entrust one minister with two or more ministries. article 142 to be a minister it is required: to be a citizen in exercise; to be a costa rican by birth, or by naturalization with ten years of residence in the country, after having obtained the nationality; to have [a] secular status; to be already twenty-five years of age. article 143 the function of minister is incompatible with the exercise of any other public office, whether of popular election or not, except the case of special laws re-entrusting them [with] functions. the rules, prohibitions and sanctions established in articles 110, 111, 112 of this constitution, are applicable to the ministers in what is conducive. the vice presidents of the republic may perform ministries. article 144 the ministers of government will present to the legislative assembly each year, within the first fifteen days of the first period of ordinary sessions, a report on the matters of their dependency. article 145 the ministers of government may attend at any moment, with voice but without vote, in the sessions of the legislative assembly, and they must [do so] when so provided by it. article 146 the decrees, agreements, resolutions and orders of the executive power, require for their validity the signatures of the president of the republic and of the minister of the branch [ramo] and, furthermore, in the cases that this constitution establishes, the approval of the council of government. the signature of the president of the republic will suffice for the appointment and removal of the ministers. chapter iv. the council of government article 147 the council of government is formed by the president of the republic and the ministers, to exercise, under the presidency of the former[,] the following functions: to solicit from the legislative assembly the declaration of the state of national defense and the authorization to decree the military recruitment, to organize the army and to negotiate peace; to exercise the right of pardon in the form that the law indicates; to appoint and to remove the diplomatic representatives of the republic; to appoint the directors of the autonomous institutions whose designation corresponds to the executive power; to resolve the other businesses submitted to it by the president of the republic who, if the gravity of some matter demands it, may invite other persons that, with [a] consultative character [may] participate in the deliberations of the council. chapter v. responsibilities of those who exercise the executive power article 148 the president of the republic will be responsible for the use he makes of those attributions that according to this constitution correspond to him in an exclusive form. each minister of government will be jointly responsible with the president[,] in respect to the exercise of the attributions that this constitution grants to both of them. the responsibility for the acts of the council of government will extend to all those who concurred with their vote to adopt the respective agreement. article 149 the president of the republic and the minister of government who had participated in the acts indicated as follows, will also be jointly responsible: when they compromise in any form the freedom, the political independence or the territorial integrity of the republic; when they impede or obstruct directly or indirectly the popular elections, or infringe upon the principles of alternation in the exercise of the presidency or of free presidential succession, or against the freedom, order or purity of the suffrage; when they impede or obstruct the functions that are specific to the legislative assembly, or restrict its freedom and independence; when they refuse to publish or execute the laws or other legislative acts; when they impede or obstruct the functions specific to the judicial power, or [when they] restrict the freedom with which the tribunals must judge the causes submitted to their decision, or when they obstruct in some form the functions that correspond to the electoral organs or the municipalities; for all the other cases in which the executive power by action or omission violates some expressed law. article 150 the responsibility of whoever exercises the presidency of the republic and of the ministers of government for acts that do not imply [a] crime, may only be claimed while they are found in the exercise of their offices and up to four years after they ceased in their functions. article 151 the president, the vice presidents of the republic or whoever is exercising the presidency, may not be prosecuted, or judged except after the legislative assembly declares if there should be the formation of [a] criminal cause, by virtue of [an] interposed accusation. title xi. the judicial power sole chapter. article 152 the judicial power is exercised by the supreme court of justice and by the other tribunals that the law establishes. article 153 it corresponds to the judicial power, in addition to the functions that this constitution specifies for it, to take cognizance of the civil, penal, commercial, labor, and contentious-administrative causes as well as of the others that the law establishes, whatever their nature may be and the character of the persons that intervene; to decide permanently on them and to execute the resolutions that it pronounces, with the help of the public force if necessary. article 154 the judicial power is submitted only to the constitution and to the law, and the resolutions it adopts on the matters of its competence do not impose on it other responsibilities than those expressly specified by the legislative precepts. article 155 no tribunal may retract to itself the cognizance of causes pending before another. uniquely, the tribunals of the judicial power may request the files ad effectum videndi. article 156 the supreme court of justice is the superior tribunal of the judicial power, and the tribunals, functionaries and employees in the judicial branch [ramo] are dependent of it, without prejudice to that provided by this constitution concerning [the] civil service. article 157 the supreme court of justice will be formed by the magistrates necessary for good service; they will be elected by the legislative assembly, which will integrate the various chambers that the law indicates. the diminution of the number of magistrates, whatever this comes to be, may only be agreed [with] prior [and] all the procedures [trámites] provided for the partial reforms to this constitution. article 158 the magistrates of the supreme court of justice will be elected for a period of eight years and by the votes of the two-thirds part of the totality of the members of the legislative assembly. in the performance of their functions, they must act with efficiency and will be considered re-elected for equal periods, unless the contrary is agreed in a vote of no less than the two-thirds part of the totality of the members of the legislative assemble. the vacancies will be filled for complete periods of eight years. article 159 [the following] is required to be [a] magistrate: to be [a] costa rican by birth, [or] by naturalization, with domicile in the country for no less than ten years after obtaining the respective letter. nevertheless, the president of the supreme court of justice must be costa rican by birth; to be a citizen in exercise; to belong to the secular status; to be older than thirty-five years of age; to posses a degree of lawyer, issued or legally recognized in costa rica, and to have exercised the profession for ten years at least, unless it concerns judicial functionaries with judicial practice of no less than five years. the magistrates must, before entering into possession of the office, render the guarantee that the law establishes. article 160 whoever is bound by kinship within the third degree of consanguinity or affinity inclusive, to a member of the supreme court of justice[,] may not be elected as a magistrate. article 161 the quality of magistrate is incompatible with that of functionary of the other supreme powers. article 162 the supreme court of justice will appoint its president, from the list [of nominations] of magistrates who integrate it, in the same way, it will appoint the presidents of the various chambers, all in the form and for the time that the law specifies. article 163 the election and replacement of the magistrates of the supreme court of justice, will be done within the thirty calendar days following the expiration of the respective period or the date on which it is communicated that a vacancy has occurred. article 164 the legislative assembly will appoint no less than twenty-five substitute magistrates chosen from the list [of nominations] of fifty candidates that the supreme court of justice will present to it. the temporary absences of the magistrates will be filled by lot [sorteo] that the supreme court of justice will make among the substitute magistrates. if a position of substitute magistrate is vacant, the election will fall on one of the two candidates that the court proposes and will be effected in the first ordinary or extraordinary session that the legislative assembly celebrates after receiving the corresponding communication. the law will specify the time period of its exercise and the conditions, restrictions and prohibitions established for the titular, that are not applicable to the substitutes. article 165 the magistrates of the supreme court of justice may not be suspended except by declaration that there should be the formation of [a] cause or for the motives that the law expresses in the chapter corresponding to the disciplinary regime. in this last case, the agreement has to be taken by the supreme court of justice, in [a] secret vote of no less than two-thirds of the total of its members. article 166 concerning what is not specified by this constitution, the law will specify the jurisdiction, the number and the duration of the tribunals, as well as their attributions, the principles to which they must adjust their acts and the manner of demanding responsibility of them. article 167 for the discussion and approval of bills of law that refer to the organization or functioning of the judicial power, the legislative assembly must consult [with] the supreme court of justice; to divert from the criteria of this, the vote of the two-thirds part of the total of the members of the assembly will be required. title xii. the municipal regime sole chapter article 168 to the effects of the public administration the national territory is divided into provinces, these into cantons and the cantons into districts. the law may establish special distributions. the legislative assembly may decree, observing the procedures for partial reform to this constitution, the creation of new provinces, as long as the respective bill is previously approved in a plebiscite that the assembly will order to be celebrated in the province or provinces that support the dismemberment. the creation of new cantons requires[,] to be approved by the legislative assembly[,] through a vote of no less than two-thirds of the total of its members. article 169 the administration of the local interests and services in each canton, will be the responsibility of the municipal government, formed by a deliberative body, integrated by municipal regidores [aldermen] of popular election, and of an executive functionary that the law will designate. article 170 the municipal corporations are autonomous. in the ordinary budget of the republic, all the municipalities of the country will be allocated a sum that will not be inferior to a ten percent (10%) of the ordinary revenues calculated for the corresponding economic year. the law will determine the competences that will be transferred from the executive power to the municipal corporations and the distribution of the indicated resources. article 171 the municipal regidores will be elected for four years and will perform their offices obligatorily. the law will determine the number of regidores and the form in which they will act. nevertheless, the municipalities of the central cantons of [the] provinces will be integrated by no less than five titular regidores and equal number of substitutes. the municipalities will be installed on the first day of may of the corresponding year. article 172 each district will be represented before the municipality by a titular syndic and a substitute with voice but without vote. for the administration of the interests and services in the districts of the canton, in qualified cases, the municipalities may create municipal councils of [the] district, as organs registered to the respective municipality with [their] own functional autonomy, which will be integrated following the same procedures of popular election used to conform the municipalities. a special law, approved by two-thirds of the total of the deputies, will establish the special conditions in which they may be created and will regulate their structure, functioning and financing. article 173 the municipal agreements may be: objected to by the functionary that the law indicates, in the form of reasoned veto; appealed by any interested [person]. in both cases, if the municipality does not revoke or reform the agreement objected to or appealed, the prior records will pass to the tribunal dependent of the judicial power that the law indicates for it to decide definitively. article 174 the law will indicate in what cases the municipalities will need legislative authorization to contract loans, give as guarantee their assets or incomes, or sale movable or immovable assets. article 175 the municipalities will adopt their ordinary or extraordinary budgets, which will need, to enter into force, the approval of the office of the comptroller general, which will supervise their execution. title xiii. the public finances [hacienda chapter i. the budget of the republic article 176 the public administration will be conducted in a sustainable, transparent and responsible form, which will be based on a framework of multiannual budgeting, for the procurement of the continuity of the services it provides. the ordinary budget of the republic includes all the probable revenues and all the authorized expenditures, of the public administration, during the economic year. in no case may the amount of the budgetary expenditures exceed that of the probable revenues. the public administration, in a full sense, will observe the previous rules to adopt its budgets. the budget of the republic will be emitted for a time period of one year, from january the first to december the thirty-first. article 177 the preparation of the ordinary bill corresponds to the executive power through a department specialized in the matter, of which [the] head will be appointed by the president of the republic, for a period of six years. this department will have [the] authority to reduce or suppress any of the amounts figuring in the preliminary drafts formulated by the ministries of government, [the] legislative assembly, [the] supreme court of justice and [the] supreme tribunal of elections. in the case of conflict, the president of the republic will decide definitively. the expenditures budgeted by the supreme tribunal of elections to give effectiveness to the suffrage, may not be objected to by the department to which this article refers. in the bill an amount no less than six percent of the ordinary revenues calculated for the economic year will be allocated to the judicial power. nevertheless, when this amount results [in an amount] greater than the one required to cover the fundamental necessities budgeted by that power, the mentioned department will include the difference as excess [exceso], with a plan of additional investment, for the legislative assembly to determine what corresponds. to reach the universality of the social insurances and dutifully guarantee the payment of the contribution of the state as such and as [an] employer, [there] will be created in favor of the caja costarricense de seguro social [costa rican bank of social security] sufficient and calculated incomes in such a form that they cover the current and future needs of the institution. if a deficit is produced because of the insufficiency of those incomes, the state will assume it, for which [purpose] the executive power must include in its next bill of [the] budget the respective amount determined as necessary by the mentioned institution to cover the totality of the quota [cuotas] of the state. the executive power will prepare, for the respective economic year, the bills of extraordinary budgets, to the end of investing the revenues originating from the use of public credit or from any other extraordinary source. article 178 the bill of ordinary budget will be submitted to the cognizance of the legislative assembly by the executive power, at the latest [on] the first of september of each year, and the law of budget must be definitively approved before the thirtieth of november of the same year. article 179 the assembly may not augment the expenditures budgeted by the executive power, if the new revenues that should cover them are not specified, [with] previous report of the office of the comptroller general of the republic on the fiscal effectiveness of them. article 180 the ordinary and the extraordinary budgets constitute the limit of action of the public powers for the use and disposition of the resources of the state, and they may only be modified by laws of the initiative of the executive power. all bills of modification that imply increase or creation of expenditures must be subject to that provided in the previous article. nevertheless, when the assembly is in recess, the executive power may vary the allocation of an authorized amount or open additional credits, but only to satisfy urgent or unexpected necessities in the cases of war, internal commotion or public calamity. in such cases, the office of the comptroller may not deny its approval to the expenditures ordered and the respective decree will imply [the] convocation of the legislative assembly to extraordinary sessions for its cognizance. article 181 the executive power will send to the office of the comptroller the liquidation of the ordinary and of the extraordinary budgets that were agreed to, at the latest [on] the first of march following the expiration of the corresponding year; the office of the comptroller must remit it to the assembly, together with its resolution, at the latest [on] the first of may following. the definitive approval or disapproval of the accounts corresponds to the legislative assembly. article 182 the contracts for the execution of public works [obras] celebrated by the powers of the state, the municipalities and the autonomous institutions, the purchases made with funds of these entities [entidades] and the sales or leases of the assets belonging to them, will be done through tender, in accordance with the law concerning the respective amount. chapter ii. the office of the comptroller general of the republic article 183 the office of the comptroller general of the republic is an auxiliary institution of the legislative assembly under the supervision of the public finances; but it has absolute functional and administrative independence in the performance of its work. the office of the comptroller is the responsibility of a comptroller and a sub-comptroller. both functionaries will be appointed by the legislative assembly, two years after initiating the presidential period, for a term of eight years; they may be re-elected indefinitely, and they will enjoy the immunities and prerogatives of the members of the supreme powers. the comptroller and sub-comptroller respond before the assembly for the fulfillment of their functions and may be removed by it through a vote of no less than the two-thirds part of the total of its members, if in the file created for that purpose[,] ineptitude or incorrect proceedings are proven [against] them. article 184 [the following] are duties and attributions of the office of the comptroller: to supervise the execution and liquidation of the ordinary and extraordinary budgets of the republic. there will be no emission on any order of payment against the funds of the state but when the respective expenditure has been validated by the office of the comptroller; neither will that which has not been re-validated by it constitute an obligation for the state; to examine, to approve or to disapprove the budgets of the municipalities and autonomous institutions, and supervise their execution and liquidation; to send annually to the legislative assembly, in its first ordinary session, a report of the corresponding operations of the previous economic year, with detail of the work of the comptroller and [an] exposition of the opinions and suggestions that he considers necessary for the better management of the public funds; to examine, annotate and close the accounts of the institutions of the state and of the public functionaries; the others that this constitution or the laws assign to it. chapter iii. the national treasury article 185 the national treasury is the center of operations of all the offices of national income; this organ is the unique [one] that has legal faculty to pay in the name of the state and to receive the quantities that[,] titled as income or for any other motive, must be entered in the national coffers. article 186 the treasury is the responsibility [cargo] of a national treasurer and a sub-treasurer. both functionaries enjoy independence in the exercise of their attributions, which will be regulated by the law. the appointments will be made in [the] council of government, for periods of four years, and these functionaries may only be removed for just cause. article 187 any expenditure of [the] responsibility of the national treasury, that is not in reference to [the] salaries of the permanent personnel of the public administration written into the budget, must be published in the diario oficial [official journal]. those expenditures that, for very special circumstances, the council of government considers should not be published, are excepted from the formality of publication, but in this case it will confidentially and immediately inform the legislative assembly and the office of the comptroller. title xiv. the autonomous institutions sole chapter article 188 the autonomous institutions of the state enjoy administrative independence and are subject to the law in matter of government. their directors respond for their management. article 189 [the following] are autonomous institutions: the banks of the state; the insurance institutions of the state; those that this constitution establishes, and the new organs that the legislative assembly may create by a vote of no less than two-thirds of the total of its members. article 190 for the discussion and approval of [the] bills relative to an autonomous institution, the legislative assembly will previously hear the opinion of it. title xv. the civil service sole chapter article 191 a statute of civil service will regulate the relations between the state and the public servants, for the purpose of guaranteeing the efficiency of the administration. article 192 with the exceptions that this constitution and the statute of [the] civil service determine, the public servants will be appointed on the basis of proven suitability and they may only be removed for the causes of justified dismissal that the legislation [concerning] labor expresses, or in the case of [a] forced reduction of services, either for [a] lack of funds or to achieve a better organization of the same. article 193 the president of the republic, the ministers of government and the functionaries that manage [manejen] public funds, are obligated to declare their assets, which must be valued, all in accordance with the law. title xvi. the constitutional oath sole chapter article 194 the oath that the public functionaries must take, according to that provided in article 11 of this constitution is the following: "do you swear to god and promise to the fatherland, to observe and defend the constitution and the laws of the republic, and to faithfully fulfill the duties of your destiny?--yes, i swear.--if you do so, [may] god help you, and if not, [may] he and the fatherland [patria] call you to account." title xvii. the reforms of the constitution sole chapter article 195 the legislative assembly may partially reform this constitution in absolute accordance with the following provisions: the proposal to reform one or various articles must be presented to the legislative assembly in ordinary sessions, signed by at least ten deputies or by five per cent (5%) as [a] minimum, of the citizens registered on the electoral roll this proposal will be read three times at intervals of six days, to decide if it is admitted or not for discussion; in the affirmative case it will pass to a commission appointed by [an] absolute majority of the assembly, for it to decide [dictamine] in a term of up to twenty working days; the decision presented, it will proceed to its discussion through the procedure established for the formation of the laws; this reform must be approved by a vote of no less than two-thirds of the total of the members of the assembly; [once] agreed that the reform proceeds, the assembly will prepare the correspondent bill, through a commission, the absolute majority being enough in this case to approve it; the mentioned bill will pass to the executive power; and it will send it to the assembly with the presidential message at the beginning of the next ordinary legislature, with his observations, or recommending it; the legislative assembly, in its first sessions, will discuss the bill in three debates, and if it approves it by [a] vote of no less than two-thirds of the total of the members of the assembly, it will form part of the constitution, and it will be communicated to the executive power for its publication and observance; in accordance with article 105 of this constitution, the constitutional reforms may be submitted to referendum after being approved in one legislature and before the next one, if it is agreed on by the two-thirds part of the total of the members of the legislative assembly. article 196 the general reform of this constitution, may only be made by a constituent assembly convoked to that effect. the law that makes this convocation, must be approved by [a] vote of no less than two-thirds of the total of the members of the legislative assembly and it does not require [the] sanction of the executive power. title xviii. final provisions sole chapter article 197 this constitution will enter into full force on the eighth of november 1949, and it derogates the previous ones. the existing juridical order is maintained in force, while is not modified or derogated by the competent organs of the public power, or has not been derogated expressly or implicitly by this constitution. transitory provisions 1. [concerning] article 10 the chamber created in article 10 will be integrated by seven magistrates and by the substitutes that the law determines, who will be elected by the legislative assembly by [a] vote of no less than two thirds of its members. the legislative assembly will make the appointment of the members of the chamber within the ten sessions following the publication of this law; it will choose two of them from among the members of the first chamber of the supreme court of justice, the integration of which will be so reduced. while a law of the constitutional jurisdiction has not been promulgated, the chamber will continue processing the matters of its competence, even the pending ones, in accordance with the provisions in force. 2. [concerning] article 16 the persons that have opted for other nationality and have lost the costa rican [nationality], may recover it in the tenor of that provided in the reformed article 16, through simple solicitation, verbal or written, before the civil registry. this will take note of it and will effect the corresponding procedures. the solicitation must be considered within the two years following the effectiveness of this reform. 3. [concerning] article 50-xx the current laws, concessions and permits of use, granted in accordance with the law, as well as the rights derived from these, remain in force, as long as a new law that regulates the use, exploitation and conservation of water does not enter into force. 4. [concerning] article 78 the public expenditure on education may be inferior to eight percent (8%) during the fiscal periods prior to the year 2014. nevertheless, in no case the percentage of the gross domestic product destined to education may be lower than the one of the previous year. the law referred to in the second paragraph of article 78 of the political constitution must be issued within the year following the publication of this constitutional reform. while this law is not into force, the gross domestic product will be determined accordingly to the procedure that the central bank of costa rica establishes. 5. [concerning] article 85 during the five-year period [quinquenio] from 1981-1985, the distribution of the special fund, to which this article refers, will be made in the following manner: 59% for the university of costa rica; 11.5% for the technological institute of costa rica; 23.5% for the national university and 6% for the universidad estatal a distancia. 6. [concerning] article 100 the election of the three new substitutes magistrates will be made within the two months following the promulgation of this constitutional reform; in this act the supreme court of justice through lots, will establish the date on which the term [período] of each one of those substitutes will expire, in a manner that it coincides with the expiration of the periods of the substitutes elected before this reform and so that from then on it may proceed to elect two of the substitutes every two years. 7. [concerning] articles 105 and 123 the special laws referred to in articles 105 and 123 of the political constitution, here reformed, must be issued within the year following the publication of this law. during this time period, [that] which is here provided[,] will not enter into force. 8. [concerning] article 116 vii the legislative assembly that is elected in the elections to be verified in the month of october of nineteen forty-nine, in accordance with the convocation made to that effect by the supreme tribunal of elections, will be installed on the eighth of november of that year, and it will cease in its functions on the thirty first of october of nineteen fifty-three. the president of the republic, the vice presidents and the deputies to the legislative assembly who should be elected in the elections of nineteen fifty-three, which date the supreme tribunal of elections shall specify opportunely, will exercise their offices for four years and a half, that is: the president and the vice president from the eighth of november of that year until the eighth of may of nineteen fifty-eight and the deputies from the first of november of nineteen fifty-three until the thirtieth of april of nineteen fifty-eight, with the purpose of[,] from there on [en lo sucesivo][,] having the presidential period begin on the eighth of may, the legislative assembly installed on the first [day] of that month, and the elections[,] presidential and of deputies[,] verified in february, all of the corresponding year. 9. [concerning] article 141 xi the ministers of government appointed at the beginning of the next presidential period will have the functions determined in the existing laws [concerning] secretaries of state , while there is no legislation [concerning] the matter. 10. [concerning] article 170 the budgetary allocation established in article 170 will be progressive, at a rate of one point five percent (1.5%) per year, until completing [a] total [of] ten percent (10%). periodically, in each allocation of the resources established in article 170, the legislative assembly must approve a law that indicates the competences to be transferred to the municipal corporations. until the legislative assembly approves each one of the laws, the resources corresponding to that period will not be allocated to the municipalities, in accordance with the indicated in that same numeral. it rules [rige] one year after its publication. 11. [concerning] article 171 the municipal regidores [aldermen] who are elected in the elections of february of nineteen sixty-two, will exercise their offices from the first of july of nineteen sixty-two until the thirtieth of april of nineteen sixty-six. 12. [concerning] article 177, first and third paragraphs the percentage to which article 177 refers to for the budget of the judicial power will be established in a sum of not less than three and a quarter percent for the year nineteen fifty-eight; in a sum of not less than four percent for the year nineteen fifty-nine and in a sum of not less than one percent more for each one of the following years, until reaching the minimum indicated of six percent. the caja costarricense de seguro social [costa rican bank of social security] must achieve the universality of the various insurances under [puestos] its responsibility, including the family protection in the regime of sickness [enfermedad] and maternity, within a time period no greater than ten years, counted from the promulgation of this constitutional reform. preamble we, the people of equatorial guinea, conscious of our responsibility before god and history; driven by the will to safeguard our independence, organize and consolidate our national unity; desirous of upholding the authentic african spirit of the positive tradition of family and communal organization, adapting it to new social and judicial structures consistent with modern life; conscious that the charismatic authority of the traditional family is the foundation of the equatoguinean society; firmly supported by the principles of social justice and solemnly reaffirmed by the rights and liberties of men defined in the universal declaration of human rights of october 10, 1948; the african charter of rights of man and of peoples of june 26, 1981; adopt the following fundamental law of the republic of equatorial guinea. first title. fundamental principles of the state article 1 equatorial guinea is a sovereign, independent, republican, social and democratic state, in which the supreme values are unity, peace, justice, freedom and equality. political pluralism is recognized. its official name is: republic of equatorial guinea (república de guinea ecuatorial). article 2 sovereignty belongs to the people, who exercise it by way of universal suffrage. from it emanate the public powers that are exercised in the conditions determined by this fundamental law and other laws. no fraction of the people or individual shall attribute itself the exercise of national sovereignty. article 3 the territory of the republic of equatorial guinea is comprised of the continental area known as río muni and the bioko, annobón, corisco, elobey grande, elobey chico, mbañe, conga, leva, cocotero islands and adjacent islets, the fluvial waters, the maritime zone, the continental shelf determined by the law and the air space that covers them. over its territory the state fully exercises its sovereignty and can explore and exploit in an exclusive manner all resources and mineral wealth and hydrocarbons. the national territory shall be unalienable and irreducible. for administrative and economic purposes it is divided in regions, provinces, districts, and municipalities. the law determines the limits and the denominations of the regions, provinces, districts, and municipalities. equally, the law determines the space occupied by each of the zones mentioned before. article 4 the official languages of the republic of equatorial guinea are spanish, french, and the ones determined by the law. autochthonous languages are recognized as part of the national culture. the national flag is green, white and red, in three horizontal stripes of equal dimensions and a blue triangle at the extremity closest to the flagpole. the center of the flag is engraved with the seal of the republic. the seal of the republic is the one established by the law. the motto of the republic is unity, peace and justice. the national anthem is the one sung by the people on the day of the proclamation of independence on october 12, 1968. article 5 the fundamentals of the equatoguinean society are: the respect to the human being, his dignity and freedom, and other fundamental rights. the protection of the family, the basis of the equatoguinean society. the recognition of equality between men and women. the protection of labor through which man develops its personality of creating wealth for the nation in favor of social well-being. the promotion of economic development of the nation; the promotion of the social and cultural development of the equatoguinean citizens to make real in them the supreme values of the state. article 6 the state encourages and promotes culture, artistic creation, scientific and technological research and sees to the conservation of nature, cultural heritage of the artistic and historical riches of the nation. article 7 the state defends the sovereignty of the nation, strengthens its unity and ensures respect of fundamental rights of man and the promotion of the economic, social and cultural progress of its citizens. article 8 the equatoguinean state abides to the principles of international law and reaffirms its attachment to the rights and obligations that arise from the organizations and international organizations to which it is a member. article 9 political parties are political organizations composed by persons that freely associate to participate in the political orientation of the state. they constitute the expression of political pluralism and democracy; they concur to the formation and manifestation of popular will, as fundamental instruments for political participation. equatorial guinea’s political parties may not have identical names as those that pre-existed before october 12, 1968, and shall have national character and scope, thus shall not be based on tribe, ethnicity, region, district, municipality province, gender, religion, social condition nor profession or occupation. a law will regulate their creation and functioning. article 10 the right to strike is recognized and is exercised in accordance with the conditions provided by the law. article 11 the citizens, public powers, political parties, unions, associations, and other legal persons are subject to the fundamental law and the judicial order. article 12 the law determines the legal regime applicable to the right of nationality, citizenship and the condition of foreigner. the majority of age of the equatoguinean citizen is acquired at the age of 18. article 13 every citizen enjoys the following rights and freedoms. the respect of his person, life, personal integrity, its dignity and his full material and moral development. the death penalty can only be imposed by a crime established by the law. to the freedom of expression, thinking, ideas and opinions. to equality before the law. the woman, irrespective of her civil status, shall have the same rights and opportunities as men in all aspects of public, private and familiar life, in civil, political, economic, social and cultural life. to free circulation and residence; to honor and a good reputation; to freedom of a religion and worship; to the inviolability of the domicile and the privacy of all communications; to submit claims and petitions to the authorities; to the right of habeas corpus and amparo. to the right of defense before tribunals and to an adversarial process within the framework of the law. to freedom of association, assembly and manifestation. to freedom of working. to not being deprived of their freedom save by virtue of a judicial order, except in those cases provided by the law and in flagrant crimes. to be informed of the cause and reasons of their detention. to be presumed innocent until culpability has not been demonstrated. to not testify in trial against oneself, or relatives within a fourth degree of consanguinity or second degree of affinity, or to be compelled to declare under oath against oneself in matters that may give rise to criminal responsibility. to not be judged or condemned twice for the same acts. to not be condemned without previous trial, nor to be deprived of the right of defense in any state or grade of the process. to not be punished for an act or omission that in the moment that it took place was not characterized or punished as a criminal infraction; or to not be subjected to a penalty not provided by the law. in case of doubt, the criminal law is applied in the sense more favorable to the offender. on the basis of the principle of equality of the women before the law, the public powers will adopt legal initiatives and mechanisms to favor the adequate representation and participation of the woman in the performance of offices (cargos) and other functions in all institutions of the state. the legislative provisions will define the conditions under which these rights and liberties will be exercised. article 14 the enumeration of the fundamental rights recognized in this chapter does not exclude those guaranteed by the fundamental law, nor others of analogue nature and that are derived from human dignity, from the principle of sovereignty of the people or the social and democratic state of law and the republican form of government. article 15 any act of partiality or discrimination duly found on the basis of tribe, ethnicity, gender, religion, social, political or other analogous motives is punishable by law. acts of corruption will also be punished by law. article 16 all equatoguineans have the obligation to honor the fatherland, defend its sovereignty, territorial integrity and national unity, as well as to contribute to the preservation of peace, national security, and the essential values of the equatoguinean tradition and to protect national interests. military service is mandatory. it will be regulated by the law. article 17 all citizens have the right and the obligation to live peacefully in the republic of equatorial guinea, to respect the rights of others and contribute to the formation of a just, fraternal and caring (solidaria) society. article 18 all inhabitants of the republic shall respect equatorial guinea, its national symbols, the head of state, government, and other institutions legally constituted. article 19 the state through the tax law, inspired by the basic principles of equality, generality and prosperity, establishes the taxes, encumbrances (gravámenes) and para-fiscal contributions and the special circumstances that concur in each tax type (figura impositiva) for its liquidation. all legal and physical persons, national or foreign, residents of the republic of equatorial guinea have the obligation to pay taxes [imposed] by law. article 20 every equatoguinean has the duty to proportionally bear to its contributive faculties the public financial burdens established by the law. the revenues and expenses of the state and the investment program are written in each financial year in an annual budget made in accordance with the applicable legislation. article 21 every citizen has the duty to respect, to comply and to defend the fundamental law and the nation’s legal framework. article 22 the state protects the family as the fundamental cell of society, it assures [to it] the moral, cultural and economic conditions that favor the achievement of its objectives. it also protects every class of matrimony celebrated in accordance with the law, as well as maternity and familiar duties. article 23 the state protects the person from its conception and fosters the minor in order for him to develop normally and with security for his moral, mental, and physical integrity, as well as his life within the home. the state encourages and promotes primary attention to health care as the cornerstone for the development of such sector. article 24 education is the primordial duty of the state. every citizen has the right to primary education, which is obligatory, free, and guaranteed. the extent of gratuity of education is established by law. the state guarantees to every person, private entity or religious community, legally constituted, the right to found schools, provided that they are subject to the official pedagogical plan. official education permits the free election of the religious formation program, based on the freedom of conscience and religion protected by this fundamental law. the officially recognized education cannot be oriented to program or propagate an ideological or partisan tendency. article 25 the state supports responsible paternity and the appropriate education to promote the family. article 26 work is a right and social duty. the state recognizes its constructive role in improving the well-being and the development of its national wealth. the state promotes the economical and social conditions to eradicate poverty, misery and ensures to all the citizens of the republic of equatorial guinea with equality the possibilities of a useful occupation that allows them not to be threatened by necessity. the law will define the conditions for the exercise of this right. article 27 the economic system of the republic of equatorial guinea is based on the principle of free markets and free enterprise. the law regulates the exercise of these freedoms in accordance with the requirements of economic and social development. the state protects, guarantees, and controls the investment of foreign capital that contributes to the development of the state. article 28 the economy of the republic of equatorial guinea works through four basic sectors: the public sector, comprised by companies exclusively owned by the state, constituted mainly for the exploitation of resources and services enumerated under article 29 of this fundamental law, as well as for any other economic activities. the sector of mixed economy, integrated by companies of public capital in association with private capital. the cooperative sector, which property and management belongs to the community of people that permanently work on them. the state dictates laws for the regulation and development of this sector; the private sector, integrated by companies owned by one or more physical or legal persons of private law and, in general, by companies that do not fall under the sectors enumerated above. article 29 the following are resources and services reserved to the public sector: the minerals and hydrocarbons. the services of provision of potable water and electricity. the mail services, telecommunications and transportation. radio diffusion and television. others determined by the law. the state may delegate, concede or associate with private initiative for the development of any of the activities or services mentioned above, in the form and cases that the law establishes. article 30 the state recognizes property of public and private character. the right of property is guaranteed and protected without any limitations other than those established in the law. property is inviolate, no person shall be deprived of his assets and rights, except for causes of public utility and upon the corresponded compensation. the state guarantees to farmers the traditional property of the lands that they possess. the law will determine the legal regime of the assets of the public domain. second title chapter i. powers and organs of the state article 31 the state exercises its sovereignty through the following powers: the executive power, the legislative power, and the judicial power. the law develops the faculties and functions of each of these powers. article 32 the state exercises its powers through the president of the republic, the vice-president of the republic, the council of ministers, the chamber of deputies, the senate, the judicial power, the constitutional tribunal, the superior council of the judicial power, the council of the republic, the national council for the economic and social development, the accounts’ tribunal, the defender of the people and other organisms created in accordance with the fundamental law and other laws. the law develops the competencies and functioning of these organisms. the president of the republic may designate a prime minister from within the members of the government to be in charge for the administrative coordination, presentation of laws and other provisions of the executive before the parliament, as well as other functions delegated to him. chapter ii. of the president of the republic article 33 the president of the republic is the head of state, he exercises the executive power as head of government. he incarnates national unity, defines the policy of the nation, sees to the respect of the fundamental law, assures by his arbitration the functioning of public powers, represents the nation, and is the guarantor of national independence. he is elected by universal, direct, and secret suffrage by the simple majority of the votes validly emitted. the law establishes the conditions of development of the electoral process. the president of the republic is assisted by a vice-president of the republic, to whom he may delegate some of his constitutional faculties. before carrying out his functions, the appointment of the vice-president of the republic is ratified by both chambers of the parliament in plenum (pleno) and by simple majority of their members in the course of one extraordinary session convoked to this effect by the president of the republic. article 34 the person of the head of state is inviolable. the law regulates the privileges and immunities of the head of state after their mandate. article 35 to be president of the republic it is required: to be an equatoguinean by origin. to be in enjoyment of the right of citizenship. to have lived in the country for five uninterrupted years. to be able to interpret the fundamental law. to have been elected in accordance with the fundamental law and other laws. to have forty years as a minimum. to not have another nationality. article 36 the president of the republic is elected for a term of seven years renewable with the possibility of being reelected. the mandate of the president of the republic is limited to two consecutive periods, not being able to present himself for a third mandate until alternation is produced. the presidential elections will be convoked on the seventh year of the mandate of the president of the republic in a date set by decree adopted by the council of ministers. the elections shall be held 40 days before the expiry of the term of office of the president of the republic or later, but within 70 days after the announcement of the date. article 37 the president [who is] elected in the maximum time of thirty days from the proclamation of the results of the elections, swears the oath of loyalty to the fundamental law and assumes the office before the honor court composed by the boards of the chamber of deputies and the senate, the supreme court of justice in plenum (pleno) and the constitutional tribunal in plenum. having celebrated the presidential elections, the elected president of the republic will appoint a new government. article 38 the president of the republic determines the policy of the nation, arbitrates and moderates the normal functioning of all institutions of the state. his authority extends over national territory. article 39 the president of the republic exercises the regulatory power in the council of ministers. article 40 the president of the republic sanctions and promulgates the laws, exercises the right to veto in the terms provided by this fundamental law. article 41 the president of the republic equally exercises the following powers: guarantees the application of this fundamental law, the functioning of public powers and continuity of the state. convenes and presides the council of ministers. dictates in the council of ministers, law-decrees and decrees, in the terms established in this fundamental law. he is the supreme chief of the national armed forces and of the security of the state. the president of the republic guarantees the security of the state in the exterior. declares war and concludes peace. the president of the republic freely appoints and dismisses the vice-president of the republic. the vice-president of the republic shall belong to the party of the president of the republic. ratifies the decision of the chamber of deputies and the senate regarding the election and termination of the presidents and other members of their respective boards in conformity with this fundamental law and the regulation of both chambers. appoints and dismisses the high civil and military officials, being able to delegate to the vice-president of the republic or the prime minster, the appointment of other civil and military officials. negotiates and signs the international treaties in accordance with this fundamental law. represents equatorial guinea in international relations, receives and accredits ambassadors authorizes the consuls in exercise of their rights. confers titles, honors and decorations of the state. exercises the right of pardon (gracia). convokes the general elections provided in this fundamental law. convokes the referendum in accordance with this fundamental law. approves in the council of ministers the national development plans. decides upon the right to dissolve the chamber of deputies in the senate in accordance with the provisions of this fundamental law. exercises the other attributions and prerogatives conferred to him by the law. article 42 with the purpose of seeing for the territorial integrity and preserving the public order, all the national armed forces, security forces of the state and public order forces entirely depend for all effects on the president of the republic. article 43 in the event of imminent danger, when the declaration of state of exception (estado de excepción) or siege is declared, the president of the republic may suspend for a maximum time of three months the rights and guarantees established in this fundamental law and take exceptional measures to safeguard the territorial integrity, the national independence, the institutions of the state and functioning of the services and public powers, informing the people by message. the term of three months referred to will be extended until the causes that motivated such suspension disappear. article 44 the president of the republic, when the circumstances so demand, may declare through decree the state of emergency, the state of exception or siege, informing it to the chamber of deputies and the senate. the proclamation of the state of emergency, exception and siege shall expressly determine the effects of it and the territorial scope to which its duration is extended. the law regulates the state of emergency, exception and siege, as well as the corresponding competencies and limitations. [he] shall not proceed to dissolve the chambers of the parliament while any of the states provided in this article has been declared. the rights and guarantees recognized in this fundamental law can be suspended in individual or collective form for specific persons determined by the law, due to the acts of armed bands or of terrorist elements, with the necessary judicial intervention and the adequate parliamentary control. article 45 the functions of the president of the republic shall cease by: resignation. expiry of the mandate provided in the conditions established by this fundamental law permanent physical or mental incapacity. death. in the event of vacancy in power for the reasons a, c, and d the vice-president of the republic assumes the functions of the president of the republic. in the maximum time of twenty-four hours from the vacancy, the new president of the republic takes the oath of fidelity to the fundamental law and assumes office before a court of honor composed by the boards of the chamber of the deputies and of senate, the supreme court of justice in plenum and the constitutional tribunal in plenum, to finish the mandate of the substituted president of the republic. chapter iii. of the council of ministers article 46 for the exercise of the political and administrative function, the president of the republic presides the council of ministers, first constituted by the vice-president of the republic in political and administrative matters. article 47 the council of ministers is the organ that exercises the general policy of the nation as determined by the president of the republic, ensures the application of the laws and permanently assists the president of the republic in political and administrative matters. the law determines the number of ministries, their denominations as well as the competencies attributed to each one. article 48 the direction, management and administration of public services is trusted upon the ministers in the matters of competence of the departments of their respective branches. article 49 aside from the cases expressly defined by this fundamental law and the ones determined by other laws, the council of ministers has the following attributions: to direct the general policy of the nation as determined by the president of the republic by organizing and executing economic, cultural, scientific, and social activities. to propose the socio-economic development plans of the state and once approved by the chamber of deputies and the senate and signed by the president of the republic, organize, direct and supervise their execution. elaborate the project of the general budget of the state and once approved by the chamber of deputies and signed by the president, see to its execution. adopt the monetary policy and take the measures to protect and strengthen the monetary and financial regime of the state. elaborate the projects of laws and submit them to the chamber of deputies and the parliament for approval. grant territorial asylum. direct the administration of the state, coordinating and supervising (fiscalizando) the activities of the different departments that integrate it. see to the execution of laws and other provisions of general character that integrate the judicial order of the nation. create the necessary commissions for the fulfillment of the attributions conferred to it. article 50 the vice-president of the republic, the prime minister and the members of the government, are liable for their management in a joint way before the law, before the president of the republic, before the chamber of deputies and the senate, without prejudice of the individual liability of each one of them before the law. the civil and criminal responsibility of the president of the republic and the chief of government, of the vice-president of the republic, the prime minister and members of government will be demanded in accordance. those who sign (refrenden) them will be responsible for the acts of the president of the republic, the chief of state and of the government. article 51 the members of government, together with the president of the republic and chief of government are: the vice-president of the republic. the prime minister the vice prime ministers the ministers of state the ministers the delegated ministers the vice-ministers the secretaries of state article 52 before taking possession of his functions, the vice-president of the republic, the prime minister and other members of the government take the oath of fidelity before the president of the republic, to his person and to this fundamental law. article 53 the council of ministers in plenum and the ministers separately may concur with voice and without vote to the debates of the chamber of deputies and the senate. they also concur when they are invited to inform. chapter iv. of the parliament common provisions of the chambers article 54 the power to legislate resides in the people, who delegates it to the parliament through universal suffrage and who exercises it within the framework of competencies provided by this fundamental law. article 55 the parliament exercises the legislative power of the state. two chambers compose it: the chamber of the deputies and the senate. both organs participate in the formulation of laws and act separately and jointly in the manner established by this fundamental law and other laws in the exercise of their respective functions and competencies. article 56 the deputies and senators are elected for a mandate of five years through universal, direct, and secret suffrage in general elections that are held on one day and within sixty days before or after the termination of their mandate. the seats of the deputies and of the senators are attributed to each list of candidacy by the system of representation determined by the law. the electoral law determines the number of seats that correspond to each electoral circumscription, the regime of eligibility and ineligibility and of compatibility and incompatibility of the deputies and senators, and develops the other aspects of the electoral process. article 57 the deputies and the senators are not bound by imperative mandate. article 58 the deputies and the senators have the right to amendment and to vote. the vote is personal. article 59 the president of the republic, after consulting with the government and the boards of both chambers, may submit to popular consultation any question that requires the direct consultation of the people. the project adopted as such, is promulgated by the president of the republic. article 60 the president of the republic, in council of ministers may provide for the dissolution of the chamber of deputies and the senate and order the convocation of the general anticipated elections. if the dissolution of the chamber of deputies and the senate occurs during the last year of the period for which its members were elected, the election of their members takes place in accordance with the provisions of this fundamental law. article 61 the vacant seats that are produced in the chamber of deputies and the senate are filled in accordance with the provisions of the electoral law. article 62 no deputy or senator may be persecuted or detained for the opinions that he has emitted during and after the exercise of his functions in the chamber of the deputies or in the senate respectively. no governmental or judicial authority may detain or prosecute a deputy or senator without the indispensable requirement of obtaining the previous permission of the board of the respective chamber expect in the event of a flagrant crime. article 63 the chamber of the deputies and the senate meet in the full right on the first working day after thirty days have elapsed since the promulgation of the results of the general elections. the agenda of the day for this first meeting will be dedicated exclusively to the election of the presidents and other members of the respective boards, unless the government requests the inclusion of urgent matters. article 64 the chamber of deputies and the senate meet two times per year, once in the month of january and the other in the month of july, for a maximum time of five months per period of sessions. to hold sessions, the presence of half plus one of the members of the chamber of the deputies and the senate is required, and the agreements are taken by simple majority of votes of those present. article 65 the opening and closing of each period of sessions [,] both ordinary and extraordinary [,] is established by the decree of the president of the republic, in accordance with the boards of both chambers. article 66 the debates of the plenary sessions of the chamber of deputies and the senate are public. article 67 by petition of the government or through the three fourths of deputies or senators, the chamber of deputies and senate can hold specific closed sessions for reasons of confidentiality or security. article 68 the legislative initiative corresponds to the president of the republic in the council of ministers and to the deputies and senators in the way that the law determines. the proposals of laws emanating from the deputies and senators are deposited with the board of the chamber of the deputies and of the senate in accordance with what the respective internal regulations establish and are transmitted to the government for their study. article 69 aside from the cases expressly provided in other articles of this fundamental law, the following are matters reserved to the law. the regulation of the exercise of the rights and duties of the citizens. the regime of forced expropriation of assets taking into account their public utility. the nationality, the state and capacity of persons, the matrimonial regimes and inheritances. the judicial organization, the creation of new organs of jurisdiction and the statutes of the magistrates and of the public ministry. the penitentiary regime, amnesty and the determination of crimes, as well as the penalties that are applicable to them. the regime of association, political parties, and unions. the regime of issuance and printing of money, stamps and seals of the state. the administrative and financial organization in general. the conditions of participation of the state in mixed companies and the management of them. the regime of public patrimony. the regime of the freedom of persons, property, concessions, real rights and civil and commercial obligations. the credits and fiscal obligations of the state. the program of economic and social action. the fundamental principles of education, culture, labor rights, and social security. the regulation of weights and measures. article 70 the general budgets of the state [,] presented by the government in the course of the second session [,] are voted by the chamber of deputies and senate. in the case that they are not approved before the expiration of the current financial year, the president of the republic can extend the budgetary law of the preceding year until the adoption of the new one. on petition of the government, the chamber of deputies and senate are convoked ten days to meet in extraordinary session for a new deliberation. in the event that the budgets have not been adopted by the end of the extraordinary session, the budgetary law is definitively established by the president of the republic. article 71 if the budgets are not presented by the government in the course of the second ordinary session of the chamber of deputies and senate, the president of the republic will convoke an extraordinary session to this end. article 72 before promulgating the law, the president of the republic can demand a second or third reading of it to the chamber of the deputies and senate. article 73 the president of the republic can address by its own initiative the chamber of the deputies and the senate or send written messages. these communications cannot give rise to any debate in his presence, except when the session is especially dedicated to this effect. article 74 the agenda of the day of the sessions of the chamber of deputies and senate is established by the respective boards. article 75 the president of the republic promulgates and sanctions the laws adopted by the chamber of deputies and senate. article 76 the chamber of deputies and senate approve their budgets of expenditures and communicate them to the government for their consideration and inclusion in the general budgets of the state. article 77 the chambers communicate in writing between them and with the other powers of the state through their respective presidents. article 78 the law establishes the regime of incompatibility of the deputies and senators in exercise of their functions. article 79 the common functions of the chamber of deputies and the senate are the following: to elect from their members their presidents, vice-presidents, and other members of the boards of their respective chambers. to dictate their own internal regulations to approve the law of the budget of revenues, expenses and investments of the state. to legislate in tax matters, suppress and create taxes and other encumbrances in accordance with every case. to legislate concerning weights and measures. to determine the bases of civil, commercial, procedural, criminal, and labor law. to regulate the fundamental rights and all those related to matters of legal reserve. any other attributions conferred by the laws to them. of the chamber of deputies article 80 the chamber of deputies, is the legislative organ of the state and of popular representation of the nation. it is composed of 100 members that are elected for a mandate of five years through universal, direct, and secret suffrage in general elections that are held on one day and within sixty days before or following the expiration of their mandate. article 81 the chamber of deputies is competent: to approve the peace treaties, commercial treaties, those treaties that affect the national sovereignty and the territorial integrity and all those treaties that refer to matters of legal reserve, and to submit them to ratification by the president of the republic. to authorize the president of the republic, during the interim of the sessions, to issue decree-laws concerning matters of legal reserve. these decree-laws enter into force once they are published and may not be derogated except by another law. the government will inform the chamber of deputies and senate of such decree-laws. to interpret to the members of the government matters concerning its competence and to have them appear before the chamber to render explications concerning its general policy or concerning a specific matter under its responsibility. to appoint from within [,] commissions with the purpose of investigating any matter which concerns public interest. these commissions have free access to all departments of the administration except of the secrets of the state. article 82 the law determines the conditions for the election of deputies. of the senate article 83 the senate is the organ of territorial representation and of the local corporations, in the manner determined by the law. article 84 the senate is composed of seventy senators that are elected for a mandate of five years by universal, direct and secret suffrage in general elections that are held on one day and within sixty days before or after the expiration of their mandate. the law determines the number of senators of free appointment by the president of the republic among the seventy senators. the electoral law defines the electoral circumscriptions and determines the number of seats corresponding to each one, the regime of eligibility and ineligibility and of compatibility and incompatibility of the senators and develops other aspects of the electoral process. seats are attributed to each territorial representation and to local corporations. article 85 the ex-presidents of the republic, the ex-vice presidents of the republic, the ex-presidents of the chamber of deputies and the senate, are natural senators with all the rights, prerogatives and immunities, when conserving their political and social dignity and reputation. article 86 only those matters that fall within its specific competences may be included in the agenda of the sessions of the senate and those that the president of the republic and the chamber of deputies expressly solicit for intervention. article 87 in case of the simultaneous vacancy in the presidency and the vice-presidency of the republic, the president of the senate temporarily [interinamente] assumes the role of president of the republic and shall convoke new presidential elections within a period of ninety days. in the election convoked in accordance with the previous paragraph, the interim president of the republic may not present himself as a candidate. during the period of transition until the election of the new president of the republic, the fundamental law may not be modified and no organ of the state shall be dissolved. article 88 the following are functions of the senate: to adopt in second reading the project of laws and other provisions submitted to its study and approval by the chamber of the deputies. to accept or not the resignation of the president of the republic. any others that the law determines. chapter v. of the judicial power general provisions article 89 the judicial power is independent of the legislative power and of the executive power. it exercises the jurisdictional function of the state. article 90 justice emanates from the people and is administered on behalf of the head of state. the organic law of the judicial power determines the organization and the attributions of the courts and the tribunals necessary for the efficient functioning of the administration of justice. the same law establishes the statute of the magistracy [magistratura]. article 91 the exercise of the jurisdictional power in any type of process, judging and executing what has been judged [,] corresponds exclusively to the courts and tribunals determined by the law. article 92 the head of state is the first magistrate of the nation and guarantees the independence of the jurisdictional function. article 93 the judges and magistrates are submitted only to the provisions of the law in the exercise of their functions. article 94 the principle of jurisdictional unity is the basis of the organization and functioning of courts and tribunals. the law establishes the juridical regime applicable to the military jurisdiction. article 95 the trials are public, except for the cases that the law establishes, but the tribunals of justice deliberate in secret. of the superior council of the judicial power article 96 the superior council of the judicial power is the organ of government of it. it is composed of a president of the republic and six members appointed by the head of state among notable persons of recognized competence and moral solvency, for a period of five years. an organic law shall regulate the structure of the superior council of the judicial power, its functioning and the juridical statute of its members. of the supreme court of justice article 97 the supreme court of justice is the maximum jurisdictional organ of all the orders, save for that provided in matters of constitutional guarantees, [and] is composed of a president and eight magistrates. article 98 the president of the supreme court of justice and the magistrates that compose of it, are appointed by the president of the republic for a period of five years. the career magistrates and the officers of administration of justice are appointed and dismissed in accordance with the law. of the office of the attorney general of the republic article 99 the office of the attorney general of the republic has its main mission to see the strict compliance with the legality and other provisions by all the organs of the state, the regions, provinces, districts, and municipalities, as well as the citizens and foreigners living in the country. article 100 the attorney general of the republic and the adjunct general attorneys are appointed and dismissed by the president of the republic. the office of the attorney general of the republic is governed by an organic statute. chapter vi. of the constitutional tribunal article 101 the constitutional tribunal is composed of a president and four members appointed by the president of the republic; two of them upon proposal of the chamber of deputies and the senate respectively. the period of the members of the constitutional tribunal will be of seven years. the constitutional tribunal is competent: to review the recourses [recursos] of unconstitutionality of the laws. to review the recourses of constitutional amparo against the provisions and acts that violate the rights and freedoms recognized in the fundamental law. to proclaim the definitive results of the presidential, legislative, municipal elections and the operations of referendum. to declare the permanent physical or mental incapacity that constitute a legal impediment for the fulfillment of the functions of the president of the republic, of the vice president of the republic, of the president of the chamber of the deputies and of the president of the senate. to make decisions of binding character, in relation to the constitutional legality of the regulatory development of the institutional laws. to review the conflicts between the constitutional organs. to review the declaration of unconstitutionality of international treaties. for any other matters that the laws attribute to it. article 102 the legitimate organs to bring recourses of unconstitutionality are: the president of the republic-head of state. the vice-president of the republic and the prime minister the chamber of deputies and senate with a qualified majority of the three fourths of their members the attorney general of the republic. any natural person or successors with a legitimate interest is entitled to file a recourse of amparo [recurso de amparo]. article 103 the members of the constitutional tribunal cannot be members of government, the chamber of deputies, the senate, the judicial or fiscal career, nor can occupy any office of public election. article 104 any organic law will regulate the functioning of the constitutional tribunal, the statute of its members and the procedure for the exercise of actions before it. chapter vii. of the council of the republic article 105 the council of the republic is a consultative state organ of political character, in charge of advising the president of the republic in his management during his mandate and the other powers of the state. article 106 the matters that are subject of advice by the council of the republic are: the defense and the safeguarding of the fundamental law of equatorial guinea and the supreme values of the state. the maintenance of the internal and external security of the state. the defense and the maintenance of national unity, the territorial integrity and the sovereignty of the state of the republic of equatorial guinea. the defense of the values of autochthonous cultures, the bantu and african identity, as well as universal civilization. the defense and maintenance of the rule of law and the democratic system of the republic of equatorial guinea. any other questions submitted to it. article 107 the council of the republic is composed of nine members elected among the ex-presidents of the republic, the ex-presidents of the chamber of deputies, the ex-presidents of the senate, the ex-presidents of the supreme court of justice and the ex-presidents of the constitutional tribunal, who have exercised their offices with recognized honor and dignity, as well as other notable persons who by their proven honesty and dignity merit such designation. article 108 the members of the council of the republic will be appointed by the president of the republic and have a term duration of five years, which may be renewed. the ex-presidents of the republic will be life-long members of the council of the republic. article 109 the condition of member of the council of the republic is incompatible with the offices of members of other organs provided by this fundamental law, except for the ex-presidents of the republic. article 110 the members of the council of the republic cease to be in their functions in the following cases: due to the expiration of their mandate. due to death due to permanent mental incapacity. article 111 the council of the republic will be structured by: a president, who will preferentially be one of the ex-presidents of the republic. a vice president a secretary. spokesmen. article 112 a law shall develop the functions and competences of the council of the republic, as well as the immunities of its members. chapter viii. of the national council for economic and social development article 113 the national council for economic and social development, is the technical-consultative organ regarding the economic and social plans and programs, as well as any legislative provision or regulation with fiscal character; it can also proceed on the basis of a market economy to the analysis of the problems of development of equatorial guinea. the national council for economic and social development issues its criteria and submits its conclusions concerning all questions related to matters that have been submitted to its study by the president of the republic, the chamber of deputies, the senate and other organs of the administration of the state. it follows the execution of the decisions of the government relative to economic and social organization. article 114 the national council for economic and social development is composed by technicians, specialists, and persons responsible in questions of economic and social development. it is composed of 30 members, which are appointed by the president of the republic for a period of five years. the internal organization and the norms for the functioning of the national council for economic and social development are provided by the law. chapter ix. of the tribunal of accounts article 115 fiscal control is a public function that the tribunal of accounts of the republic will exercise, which sees for the transparency of the fiscal management of the administration and of the individuals of entities that handle funds or assets of the nation. such control will be exercised with subsequent selectiveness in accordance with the procedures, systems, and principles that the law establishes. the accounts’ tribunal is an entity of technical character with administrative and budgetary autonomy. it has no administrative functions distinct from those inherent in its own organization. article 116 all the notable officers of the state, the salaried public persons and para-public persons must make a declaration of their patrimonial assets before exercising the functions for which they are appointed. article 117 the president and the members of the accounts’ tribunal will be appointed by the president of the republic. the law establishes the number, duration of the mandate and the conditions of appointment of the president and the members of the accounts’ tribunal. article 118 the accounts’ tribunal shall have the following attributions: to prescribe the methods and the form of accountability of those responsible for the handling of funds or assets of the nation and to establish the criteria of financial, operative and results evaluations that must be the object of permanent monitoring. to review and to control the accounts that those responsible of the public treasury and to determine the grade of efficacy and efficiency shown by their conduct. to keep a register of the public debt of the nation and of the local entities. to require reports concerning fiscal management from public employees of any order and from any person or public or private entity that administers funds or assets of the nation. to establish the responsibility derived from fiscal management, propose the corresponding pecuniary sanctions and exercise the coactive jurisdiction regarding the deduced extent of them. to evaluate concerning the quality and efficiency of the internal fiscal control of the entities and organs of the state. to present to the president of the republic and to the parliament an annual report concerning and fulfillment of its functions and certify with respect to the situation of the finances and accounts of the state. to promote before the competent authorities, providing the respective evidence, criminal or disciplinary investigations against those that have caused prejudice to the patrimonial interests of the state. under its responsibility, the accounts’ tribunal can require, wise truth and good faith [verdad sabida y buena fe guardada], the temporary suspension of functionaries until the investigations or the respective criminal or disciplinary processes culminates. to present projects of laws regarding the regime of fiscal control, the organization and the functioning of the accounts’ tribunal. any other functions that the law attributes to it. article 119 the results of the preliminary investigations advanced by the accounts’ tribunal will have evidentiary value before the office of the attorney general of the republic and before the competent judge. article 120 the law will develop the structure and functioning of the accounts’ tribunal. article 121 the law will determine the manner of exercising control and vigilance over the management of the accounts’ tribunal. chapter x. of the defender of the people article 122 the defender of the people is the high commissioned of the chamber of deputies and the senate, designated by them for the defense of the rights of citizens included in this fundamental law, to which effect, he can supervise the activity of the administration, giving notice to the chamber of deputies and the senate. article 123 the defender of the people will be elected by the chamber of deputies and the senate, and will be ratified by the president of the republic, for a period of five years. article 124 a mixed chamber of the deputies-senate commission will be designated in the parliament, in charge of doing relations with the defender of the people and reporting to the respective plenums [plenos] on as many occasions as necessary. article 125 any physical or legal person that, regarding a matter that concerns them, considers that a public organ has not functioned or acted in accordance with the mission of public service assigned to it, may file [interponer] a recourse of amparo before the defender of the people. article 126 the functions of the defender of the people are: to verify and mediate any irregular conduct in the relations between the public or private administration and the citizens. to inform and to denounce before the competent organs about conduct not conforming to the laws. to mediate the conflicts that can arise between the administration and the administered [administrados], proposing the corresponding solutions to the competent organs, according to the cases. to review the recourses of amparo and protection against the provisions and acts that violate the rights and freedoms recognized in this fundamental law. article 127 the defender of the people is accessible to all persons. the report emitted by the defender of the people must be accessible to the public except in exceptional circumstances determined by the law that require the confidential character of them. article 128 the law establishes the organic and functional structure of the defender of the people. third title. of the armed forces, of the forces of security of the state, and of the national defense article 129 the armed forces and forces of security of the state constitute the national institution that has its main mission, to maintain the national independence and the territorial integrity, to defend the national sovereignty, to safeguard the supreme values of the fatherland, the security of the state, the public order and the normal functioning of the public powers. the armed forces and forces of security of the state are governed by their own regulations. article 130 the national defense is the organization and participation of all the living forces and the moral and material resources of the nation when the circumstances so require. an organic regulation governs the national defense. fourth title. of the local corporations article 131 the local corporations are institutions with their own legal personality, in charge of the government and administration of the regions, provinces, districts, and municipalities. they promote the plans and programs of economic and social development in their respective territories in accordance with the law. article 132 the local corporations contribute to the fulfillment of the functions of the objectives of the state [,] which are established by this fundamental law [,] and they may only be created, modified, or suppressed by law. the law determines the competencies, the functioning, the jurisdiction and the composition of the local corporations. fifth title. of the review of the fundamental law article 133 the initiative to reform this fundamental law corresponds to the president of the republic or to the three-quarters of the members of the chamber of deputies or the senate. the projects of constitutional revision to which the previous paragraph refers are dealt with in accordance with that established for projects or proposals of laws. the proposals of reform of the fundamental law will be adopted by the affirmative vote of the three-fourths of the members of the chamber of deputies and the senate. the approval of the proposal of revision of the fundamental law in accordance with what is established in the previous paragraph will become definitive, except when the president of the republic decides to submit it to referendum, in which case the corresponding popular approval will make it definitive. article 134 the republican and democratic regime of the state of equatorial guinea, the national unity, and the territorial integrity may not be the object of any reform transitory provisions first until the new institutions and organs created by this fundamental law are placed in functioning, those actually existing remain in force. second until the chamber of deputies and senate are constituted, the current chamber of representatives of the people will continue exercising the functions that the fundamental law recognizes to the legislative power of the state. derogatory provision any provisions that oppose this fundamental law are derogated. final provision this fundamental law enters into force from its promulgation by the president of the republic, once having been adopted by referendum and its publication in the official gazette of the state [boletín oficial del estado]. preamble we, the citizens of the czech republic in bohemia, in moravia, and in silesia, at the time of the restoration of an independent czech state, faithful to all good traditions of the long-existing statehood of the lands of the czech crown, as well as of czechoslovak statehood, resolved to build, safeguard, and develop the czech republic in the spirit of the sanctity of human dignity and liberty, as the homeland of free citizens enjoying equal rights, conscious of their duties towards others and their responsibility towards the community, as a free and democratic state founded on respect for human rights and on the principles of civic society, as part of the family of democracies in europe and around the world, resolved to guard and develop together the natural and cultural, material and spiritual wealth handed down to us, resolved to abide by all proven principles of a state governed by the rule of law, through our freely-elected representatives, do adopt this constitution of the czech republic. chapter i. fundamental provisions article 1 the czech republic is a sovereign, unitary, and democratic state governed by the rule of law, founded on respect for the rights and freedoms of man and of citizens. the czech republic shall observe its obligations resulting from international law. article 2 all state authority emanates from the people; they exercise it through legislative, executive, and judicial bodies. a constitutional act may designate the conditions under which the people may exercise state authority directly. state authority is to serve all citizens and may be asserted only in cases, within the bounds, and in the manner provided for by law. all citizens may do that which is not prohibited by law; and nobody may be compelled to do that which is not imposed upon her by law. article 3 the charter of fundamental rights and basic freedoms forms part of the constitutional order of the czech republic. article 4 the fundamental rights and basic freedoms shall enjoy the protection of judicial bodies. article 5 the political system is founded on the free and voluntary formation of and free competition among those political parties which respect the fundamental democratic principles and which renounce force as a means of promoting their interests. article 6 political decisions emerge from the will of the majority manifested in free voting. the decision-making of the majority shall take into consideration the interests of minorities. article 7 the state shall concern itself with the prudent use of its natural resources and the protection of its natural wealth. article 8 the right of autonomous territorial units to self-government is guaranteed. article 9 this constitution may be supplemented or amended only by constitutional acts. any changes in the essential requirements for a democratic state governed by the rule of law are impermissible. legal norms may not be interpreted so as to authorize anyone to do away with or jeopardize the democratic foundations of the state. article 10 promulgated treaties, to the ratification of which parliament has given its consent and by which the czech republic is bound, form a part of the legal order; if a treaty provides something other than that which a statute provides, the treaty shall apply. article 10a certain powers of czech republic authorities may be transferred by treaty to an international organization or institution. the ratification of a treaty under paragraph 1 requires the consent of parliament, unless a constitutional act provides that such ratification requires the approval obtained in a referendum. article 10b the government shall inform the parliament, regularly and in advance, on issues connected to obligations resulting from the czech republic’s membership in an international organization or institution. the chambers of parliament shall give their views on prepared decisions of such international organization or institution in the manner laid down in their standing orders. a statute governing the principles of dealings and relations between both chambers, as well as externally, may entrust the exercise of the chambers’ competence pursuant to paragraph 2 to a body common to both chambers. article 11 the territory of the czech republic forms an indivisible whole, the borders of which may be altered only by constitutional act. article 12 the conditions under which citizenship of the czech republic is acquired and lost shall be provided for by statute. no person may be deprived of his citizenship against his will. article 13 the capital city of the czech republic is prague. article 14 the small and large state emblem, the state colors, the state flag, the flag of the president of the republic, the state seal, and the national anthem are the state symbols of the czech republic. the state symbols and their use shall be governed by statute. chapter ii. legislative power article 15 the legislative power of the czech republic is vested in the parliament. the parliament consists of two chambers, the assembly of deputies and the senate. article 16 in the assembly of deputies there shall be 200 deputies, who are elected to a four-year term of office. in the senate there shall be eighty-one senators, who are elected to a six-year term of office. every second year elections for one-third of the senators shall be held. article 17 elections to both chambers shall be held during the period commencing thirty days prior to the expiration of each electoral term and ending on the day of its expiration. if the assembly of deputies is dissolved, the elections to it shall be held within sixty days of the dissolution. article 18 elections to the assembly of deputies shall be held by secret ballot on the basis of a universal, equal, and direct right to vote, according to the principle of proportional representation. elections to the senate shall be held by secret ballot on the basis of universal, equal, and direct right to vote, according to the principle of majority rule. each citizen of the czech republic who has attained the age of eighteen has the right to vote. article 19 any citizen of the czech republic who has the right to vote and has attained the age of twenty-one is eligible for election to the assembly of deputies. any citizen of the czech republic who has the right to vote and has attained the age of forty is eligible for election to the senate. deputies and senators gain their mandate by their election. article 20 further conditions upon the exercise of the right to vote, the organization of elections, and the extent of judicial oversight over them shall be provided for by statute. article 21 no person may be at the same time a member of both chambers of parliament. article 22 the office of deputy or senator is incompatible with holding the office of the president of the republic, the office of judge, and with other offices to be designated by statute. a deputy or senator’s mandate shall lapse on the day she assumes the office of president of the republic, the office of judge, or other offices incompatible with the office of deputy or senator. article 23 deputies shall take the oath of office at the first meeting of the assembly of deputies which they attend. senators shall take the oath of office at the first meeting of the senate which they attend. deputies and senators shall take the following oath of office: "i pledge loyalty to the czech republic. i pledge that i will uphold its constitution and laws. i pledge on my honor that i will carry out my duties in the interest of all the people, to the best of my knowledge and conscience." article 24 deputies and senators may resign their seat by a declaration made in person at a meeting of the chamber of which they are member. should serious circumstances prevent them from so doing, they shall submit their resignation in the manner provided for by statute. article 25 a deputy or senator’s mandate shall lapse: upon his refusal to take the oath of office or upon taking the oath with reservations, upon the expiration of the electoral term, when he resigns his seat, upon his loss of eligibility to hold office, for deputies, upon the dissolution of the assembly of deputies, when an incompatibility of offices under article 22 arises. article 26 deputies and senators shall perform their duties personally in accordance with their oath of office; in addition, they shall not be bound by anyone’s instructions. article 27 there shall be no legal recourse against deputies or senators for their votes in the assembly of deputies or senate respectively, or in the bodies thereof. deputies and senators may not be criminally prosecuted for speeches in the assembly of deputies or the senate respectively, or in the bodies thereof. deputies and senators are subject only to the disciplinary authority of the chamber of which they are a member. in respect of administrative offenses, deputies and senators are subject only to the disciplinary authority of the chamber of which they are member, unless a statute provides otherwise. deputies and senators may not be criminally prosecuted except with the consent of the chamber of which they are a member. if a chamber withholds its consent, such criminal prosecution shall be suspended for the duration of the term [of the impugned deputies or senator]. deputies and senators may be arrested only if they are apprehended while committing a criminal act or immediately thereafter. the arresting authority must immediately announce such an arrest to the chairperson of the chamber of which the detainee is a member; if, within twenty-four hours of the arrest, the chairperson of the chamber does not give her consent to hand the detainee over to a court, the arresting authority is obliged to release him. at the very next meeting of that chamber, it shall make the definitive decision as to whether he may be prosecuted. article 28 deputies and senators have the right to refuse to give evidence as to facts about which they learned in connection with the performance of their duties, and this privilege continues in effect even after they cease to be a deputy or senator. article 29 the assembly of deputies elects and recalls its chairperson and vice-chairpersons. the senate elects and recalls its chairperson and vice-chairpersons. article 30 for investigations into matters of public interest, the assembly of deputies may create investigating commissions if at least one-fifth of the deputies so propose. the proceedings before commissions shall be governed by statute. article 31 each chamber shall establish committees and commissions as its bodies. the activities of committees and commissions shall be governed by statute. article 32 a deputy or a senator who is member of the government may not serve as the chairperson or a vice-chairperson of the assembly of deputies or the senate or as a member of a parliamentary committee, investigating commission, or commission. article 33 if the assembly of deputies is dissolved, the senate shall be empowered to adopt legislative measures concerning matters which cannot be delayed and which would otherwise require the adoption of a statute. the senate is not authorized, however, to adopt legislative measures concerning the constitution, the state budget, the final state accounting, an electoral law, or treaties under article 10. only the government may submit proposals for such legislative measures to the senate. legislative measures of the senate shall be signed by the chairperson of the senate, the president of the republic, and the prime minister; they shall be promulgated in the same manner as statutes. legislative measures of the senate must be ratified by the assembly of deputies at its first meeting. should the assembly of deputies not ratify them, they shall cease to be in force. article 34 the chambers shall hold standing sessions. the president of the republic shall convene sessions of the assembly of deputies, so that they may be opened no later than thirty days after an election. if she fails to do so, the assembly of deputies shall convene on the thirtieth day after the elections. sessions of a chamber may be adjourned by resolution. the total number of days in a year for which a session may be adjourned shall not exceed one hundred and twenty. while a session is adjourned, the chairperson of the assembly of deputies or the senate may summon their respective chambers to a meeting before the date designated therefor. they shall always do so should the president of the republic, the government, or at least one-fifth of that chamber’s members so request. sessions of the assembly of deputies conclude upon the expiration of the electoral term or by its dissolution. article 35 the president of the republic may dissolve the assembly of deputies if: the assembly of deputies does not adopt a resolution of confidence in a newly appointed government, the prime minister of which was appointed by the president of the republic on the basis of a proposal of the chairperson of the assembly of deputies; the assembly of deputies fails, within three months, to reach decision on a governmental bill with the consideration of which the government has joined the issue of confidence. a session of the assembly of deputies has been adjourned for longer period than is permissible. for a period of more than three months, the assembly of deputies has not formed a quorum, even though its session has not been adjourned and it has, during this period, been repeatedly summoned to a meeting. the president of the republic shall dissolve the assembly of the deputies if the assembly of the deputies proposes him so by resolution, which has been approved by the three-fifths majority of all deputies. article 36 sessions of the chambers shall be open to the public. the public may be excluded only under conditions provided for in a statute. article 37 the chairperson of the assembly of deputies convenes joint meetings of the chambers. joint meetings of the chambers shall be conducted in accordance with the standing orders of the assembly of deputies. article 38 members of the government have the right to attend the meetings of either chamber, their committees, or commissions. they shall be given the opportunity to speak whenever they request. members of the government are obliged to appear in person at a meeting of the assembly of deputies, if it so resolves. the same applies to meetings of committees, commissions, or investigating commissions, in which case, however, a member of the government may have a deputy or another member of the government appear in his stead if his personal participation has not been explicitly demanded. article 39 one-third of the members of each chamber constitutes a quorum. unless this constitution provides otherwise, the concurrence of a simple majority of the deputies or senators present is required for the adoption of a resolution in either chamber. the concurrence of an absolute majority of all deputies and an absolute majority of all senators is required for the adoption of a resolution declaring a state of war or a resolution granting assent to sending the armed forces of the czech republic outside the territory of the czech republic or the stationing of the armed forces of other states within the territory of the czech republic, as well as with the adoption of a resolution concerning the czech republic’s participation in the defensive systems of an international organization of which the czech republic is a member. the concurrence of three-fifths of all deputies and three-fifths of all senators present is required for the adoption of a constitutional act or for giving assent to the ratification of treaties referred to in article 10a para. 1. article 40 in order to adopt an electoral law, a law concerning the principles of dealings and relations of both chambers, both between themselves and externally, or a law enacting the standing orders for the senate, both the assembly of deputies and the senate must approve it. article 41 bills shall be introduced in the assembly of deputies. bills may be introduced by deputies, groups of deputies, the senate, the government, or representative bodies of higher self-governing regions. article 42 bills on the state budget and the final state accounting shall be introduced by the government. these bills shall be debated at a public meeting, and only the assembly of deputies may adopt resolutions concerning them. article 43 parliament decides on the declaration of a state of war, if the czech republic is attacked, or if such is necessary for the fulfillment of its international treaty obligations on collective self-defense against aggression. the parliament decides on the czech republic’s participation in defensive systems of an international organization of which the czech republic is a member. the parliament gives its consent to the sending the armed forces of the czech republic outside the territory of the czech republic; the stationing of the armed forces of other states within the territory of the czech republic, unless such decisions are reserved to the government. the government may decide to send the armed forces of the czech republic outside the territory of the czech republic and to allow the stationing of the armed forces of other states within the territory of the czech republic for period not exceeding 60 days, in matters concerning the the fulfillment of obligations pursuant to treaties on collective self-defense against aggression, participation in peace-keeping operations pursuant to the decision of an international organization of which the czech republic is a member, if the receiving state consents; participation in rescue operations in cases of natural catastrophe, industrial or ecological accidents. the government may also decide: on the transfer of the armed forces of other states across the territory of the czech republic and on their overflight over the territory of the czech republic. on the participation of the armed forces of the czech republic in military exercises outside the territory of the czech republic and on the participation of the armed forces of other states in military exercises within the territory of the czech republic. without delay the government shall inform both chambers of parliament concerning any decisions it makes pursuant to paras. 4 and 5. the parliament may annul the government’s decisions; in order to annul such decisions of the government, the disapproving resolution of one of the chambers, adopted by an absolute majority of all its members, shall suffice. article 44 the government has the right to express its views on all bills. if the government does not express its views on a bill within thirty days of the delivery thereof, it shall be presumed to have positive views. the government is entitled to require that the assembly of deputies conclude debate on a government-sponsored bill within three months of its submission, provided that the government joins with it a request for vote of confidence. article 45 the assembly of deputies shall submit bills which it has approved to the senate without undue delay. article 46 the senate shall debate bills and take action on them within thirty days of their submission. the senate shall either adopt bills, reject them, return them to the assembly of deputies with proposed amendments, or declare its intention not to deal with them. if the senate does not declare its intention within the time period permitted by paragraph 1, it shall be deemed to have adopted a bill. article 47 if the senate rejects a bill, the assembly of deputies shall vote on it again. the bill is adopted if it is approved by an absolute majority of all deputies. if the senate returns a bill to the assembly of deputies with proposed amendments, the assembly of deputies shall vote on the version of the bill approved by the senate. the bill is adopted by its resolution. if the assembly of deputies does not approve the version of the bill adopted by the senate, it shall vote again on the version it submitted to the senate. the bill is adopted if it is approved by an absolute majority of all deputies. the assembly of deputies may not propose amendments in the course of debate on a bill that has been rejected or returned to it. article 48 if the senate declares its intent not to deal with a bill, it shall be adopted by that declaration. article 49 the assent of both chambers of parliament is required for the ratification of treaties: affecting the rights or duties of persons; of alliance, peace, or other political nature; by which the czech republic becomes member of an international organization; of general economic nature; concerning additional matters, the regulation of which is reserved to statute. article 50 with the exception of constitutional acts, the president of the republic has the right to return adopted acts, with a statement of her reasons, within fifteen days of the day they were submitted to her. the assembly of deputies shall vote again on returned acts. proposed amendments are not permitted. if the assembly of deputies reaffirms its approval of the act by an absolute majority of all deputies, the act shall be promulgated. otherwise the act shall be deemed not to have been adopted. article 51 statutes that have been adopted shall be signed by the chairperson of the assembly of deputies, the president of the republic, and the prime minister. article 52 in order for statute to be valid, it must be promulgated. the manner in which statutes and treaties are to be promulgated shall be provided for by statute. article 53 each deputy has the right to interpellate the government or members of it concerning matters within their competence. interpellated members of the government shall respond to an interpellation within thirty days of its submission. chapter iii. executive power a. the president of the republic article 54 the president of the republic is the head of state. the president of the republic is elected directly in a national popular vote. the president of the republic shall not be responsible for the performance of his duties. article 55 the president of the republic assumes her office upon taking the oath of office. the president of the republic’s term of office lasts for five years and begins on the day she takes the oath of office. article 56 the election of president shall be held in the form of a secret ballot based on the universal, equal, and direct right to vote. the candidate having received majority of valid votes from eligible voters is elected the president of the republic. if there is not such a candidate, fourteen days after commencement of the first electoral round a second electoral round should be held, which the two most successful candidates in the first electoral round proceed onto. if the candidates [in the first round] receive equal number of votes, all candidates having received the highest number of votes from eligible voters shall proceed onto the second electoral round; and if there are not at least two such candidates, candidates having received the second highest number of votes from eligible voters [shall also proceed onto the second electoral round]. the candidate having received the highest number of votes from eligible voters in the second round of the election is elected the president of the czech republic. if there are more of such candidates, the president of the republic is not elected, and a new election of president of the republic shall be held within 10 days. if the candidate who proceeded onto the second round of the election ceases to be eligible for office of the president of the republic or if such candidate waives his right to stand as a candidate for the office of the president of the republic, the candidate having received the subsequent highest number of votes from eligible voters in the first electoral round shall proceed onto the second round of the election. the second electoral round shall be held even if there is only one candidate who proceeds onto the second round. each citizen of the czech republic who has reached the age of 18 years is entitled to nominate a candidate provided that such a nomination is supported by a petition signed by at least 50.000 citizens of the czech republic who are eligible to vote for the president of the republic. a candidate can [also] be nominated by at least twenty deputies or by at least ten senators. every citizen of the czech republic having reached the age of 18 has the right to vote. presidential election shall take place within the last sixty days of the office of the incumbent president, but not less than 30 days prior to the expiration of the term of the office of the incumbent president of the republic. if the office of the president becomes vacant, the election of the president shall be held within ninety days. the election of the president shall be announced by the president of the senate ninety days prior to holding the election at the latest. if the office of the president becomes vacant, the president of the senate shall announce the election of the president within ten days [from the moment when the office became vacant] and simultaneously within eighty days prior to holding such election. if the office of the president of the senate is vacant, the election of the president shall be announced by the chairperson of the chamber of deputies of the parliament. article 57 any citizen eligible for election to the senate may be elected president. no person may be elected president more than twice in succession. article 58 further conditions of the exercise of the right to vote in the election of the president as well as the details of the process of proposing the presidential candidates for the office of the president of the republic, the announcement and implementation of the election, and the announcement of the outcome of the election, and the judicial review shall be provided in a statute. article 59 the chairman of the senate shall administer the oath of office to the president-elect at joint meeting of both chambers. the president-elect shall take the following oath of office: "i pledge loyalty to the czech republic. i pledge to uphold its constitution and laws. i pledge on my honor to carry out my duties in the interest of all the people, to the best of my knowledge and conscience." article 60 if the president-elect refuses to take the oath of office or takes it with reservations, he shall be deemed not to have been elected. article 61 the president of the republic may resign her office by submitting her resignation to the chairperson of the senate. article 62 the president of the republic: appoints and recalls the prime minister and other members of the government and accepts their resignations, recalls the government and accepts its resignation; convenes sessions of the assembly of deputies; may dissolve the assembly of deputies; shall entrust the government whose resignation he has accepted, or which he has recalled, with the temporary performance of its duties until new government is appointed; shall appoint justices of the constitutional court, its chairperson and vice-chairpersons; shall appoint from among judges the chairperson and vice-chairpersons of the supreme court; may grant pardons or commute sentences imposed by courts and order that a criminal record be expunged; has the right to return to parliament acts it has adopted, with the exception of constitutional acts; shall sign statutes; shall appoint the president and vice-president of the supreme auditing office; shall appoint members of the banking council of the czech national bank. article 63 in addition, the president of the republic: represents the state externally; negotiates and ratifies international treaties; she may delegate the negotiation of international treaties to the government or, with its consent, to individual members thereof; is the supreme commander of the armed forces; receives heads of diplomatic missions; accredits and recalls heads of diplomatic missions; calls elections to the assembly of deputies and the senate; commissions and promotes generals; may grant and award state honors, unless she has empowered some other body to do so; appoints judges; orders that a criminal proceeding shall not be instituted or, if it has [already] been instituted, that it shall be discontinued; has the right to issue amnesties. the president of the republic also possesses powers which are not explicitly enumerated in constitutional acts if a statute so provides. in order to be valid, decisions of the president of the republic issued pursuant to paragraphs 1 and 2 require the countersignature of the prime minister or a member of the government designated by him. the government is responsible for the decisions of the president of the republic that require the countersignature of the prime minister or a member of the government designated by him. article 64 the president of the republic has the right to take part in the meetings of both chambers of parliament, as well as those of their committees and commissions. he shall be given the opportunity to speak whenever he requests. the president of the republic has the right to take part in the meetings of the government, to request reports from the government or its members, and to discuss with the government or its members issues that fall within their competence. article 65 while in the office, the president of the republic may not be taken into detention, criminally prosecuted, and prosecuted for misdemeanors or other administrative offense. the senate may with the consent of the chamber of deputies lodge a constitutional motion against the president of the republic for a high treason, a gross violation of the constitution or other component of the constitutional order to the constitutional court; by treason it is meant any conduct of the president of the republic directed against the sovereignty and integrity of the republic as well as against the democratic order. upon the constitutional motion the constitutional court may hold that the president loses the office of president and the eligibility for holding it in future. for the senate to accept the proposal for constitutional motion the consent of a three-fifths majority of the present senators is required. for the assembly of deputies to consent to the filing of constitutional motion a three-fifths majority of all deputies is required: if the assembly of deputies fails to grant the consent within three months from the day when the senate requests the consent, the consent shall be deemed withheld. article 66 if the office of the presidency becomes vacant and before a new president of the republic has been elected or has taken the oath of office, likewise if the president of the republic is, for serious reasons, incapable of performing his duties, and if the assembly of deputies and the senate adopt a resolution to this effect, the performance of the presidential duties under article 63 paragraph 1, letters a) to e) and h) to k), and article 63, paragraph 2 shall devolve upon the prime minister. in any period in which the prime minister is performing the above-specified presidential duties, the performance of the duties under article 62 letters a) to e) and k) and further article 63 paragraph 1 letter f), if the announcement of the election for the senate is concerned shall devolve upon the chairperson of the assembly of deputies; if the office of the presidency becomes vacant during a period in which the assembly of deputies is dissolved, the performance of these functions shall devolve upon the chairperson of the senate, who is also in charge of the office of the presidency at the time when the prime minister is in charge of the designated functions of the president of the republic pursuant to article 63 paragraph 1 letter f), if the announcement of the election for the chamber of deputies of the parliament is concerned. b. the government article 67 the government is the highest body of executive power. the government consists of the prime minister, deputy prime ministers, and ministers. article 68 the government is responsible to the assembly of deputies. the president of the republic shall appoint the prime minister and, on the basis of her proposal, the other members of the government and entrust them with the management of the ministries or other offices. within thirty days of its appointment, the government shall go before the assembly of deputies and ask it for a vote of confidence. if the newly appointed government does not receive a vote of confidence from the assembly of deputies, the process in paragraphs 2 and 3 shall be repeated. if the government appointed on this second attempt does not receive vote of confidence from the assembly of deputies either, the president of the republic shall appoint the prime minister on the basis of a proposal by the chairperson of the assembly of deputies. in other cases, on the basis of the prime minister’s proposal, the president of the republic shall appoint and recall other members of the government and entrust them with the management of the ministries or other offices. article 69 the president of the republic shall administer the oath of office to the members of the government. the members of the government shall take the following oath of office: "i pledge loyalty to the czech republic. i pledge that i will uphold its constitution and laws and bring them to life. i pledge on my honor that i will conscientiously carry out my duties and not abuse my position." article 70 members of the government may not engage in activities which are by their nature incompatible with the performance of minister’s duties. detailed provisions shall be set down in a statute. article 71 the government may submit to the assembly of deputies a request for vote of confidence. article 72 the assembly of deputies may adopt a resolution of no confidence in the government. the assembly of deputies may debate a proposed resolution of no confidence in the government only if it has been submitted in writing by at least fifty deputies. to adopt the resolution, an absolute majority of all deputies must give their consent. article 73 the prime minister submits his resignation to the president of the republic. other members of the government submit their resignations to the president of the republic through the prime minister. the government shall submit its resignation if the assembly of deputies rejects its request for a vote of confidence, or if it adopts a resolution of no confidence. the government shall always submit its resignation after the constituent meeting of newly elected assembly of deputies. if the government submits its resignation in accordance with paragraph 2, the president of the republic shall accept it. article 74 the president of the republic shall recall members of the government if the prime minister so proposes. article 75 the president of the republic shall recall a government that has not submitted its resignation, even though it was obliged to do so. article 76 the government shall make decisions as a body. in order for the government to adopt resolution, the consent of an absolute majority of all its members is necessary. article 77 the prime minister shall organize the government’s activities, preside over its meetings, act in its name, and perform other duties entrusted to him by this constitution or by other laws. a deputy prime minister or another member of the government so commissioned may act in place of the prime minister. article 78 in order to implement statutes, and while remaining within the bounds thereof, the government is authorized to issue orders. such orders shall be signed by the prime minister and the competent member of the government. article 79 the ministries and other administrative offices may be established, and their powers provided for, only by statute. the legal relations of state employees within the ministries and other administrative offices shall be laid down in a statute. if they are so empowered by statute, the ministries, other administrative offices, and bodies of territorial self-governing units may issue regulations on the basis of and within the bounds of that statute. article 80 the state attorney’s office shall issue and argue public indictments in criminal proceedings; it shall perform other functions as well if a statute so provides. the status and powers of the state attorney’s office shall be provided for by statute. chapter iv. judicial power article 81 the judicial power shall be exercised in the name of the republic by independent courts. article 82 judges shall be independent in the performance of their duties. nobody may threaten their impartiality. judges may not be removed or transferred to another court against their will; exceptions resulting especially from disciplinary responsibility shall be laid down in a statute. the office of judge is incompatible with that of the president of the republic, a member of parliament, as well as with any other function in public administration; a statute shall specify which further activities are incompatible with the discharge of judicial duties. a. the constitutional court article 83 the constitutional court is the judicial body responsible for the protection of constitutionality. article 84 the constitutional court shall be composed of fifteen justices appointed for a period of ten years. the justices of the constitutional court shall be appointed by the president of the republic with the consent of the senate. any citizen who has a character beyond reproach, is eligible for election to the senate, has a university legal education, and has been active in the legal profession a minimum of ten years, may be appointed a justice of the constitutional court. article 85 justice of the constitutional court assumes her duties upon taking the oath of office administered by the president of the republic. justice of the constitutional court shall take the following oath of office: "i pledge upon my honor and conscience that i will protect the inviolability of natural human rights and of the rights of citizens, adhere to constitutional acts, and make decisions according to my best convictions, independently and impartially." should a justice refuse to take the oath of office or should he take it with reservations, he shall be deemed not to have been appointed. article 86 a justice of the constitutional court may be criminally prosecuted only with the consent of the senate. if the senate withholds its consent, such criminal prosecution shall be suspended for the duration of the term of a constitutional court justice. a justice of the constitutional court may be arrested only if he has been apprehended while committing a criminal act or immediately thereafter. the arresting authority must immediately inform the chairperson of the senate of the arrest; if, within twenty-four hours of the arrest, the chairperson of the senate does not give her consent to hand the detained justice over to a court, the arresting authority is obliged to release him. at the very next meeting of the senate, it shall make the definitive decision as to whether he may be criminally prosecuted. a justice of the constitutional court has the right to refuse to give evidence as to facts about which she learned in connection with the performance of her duties, and this privilege continues in effect even after she has ceased to be a justice of the constitutional court. article 87 the constitutional court has jurisdiction: to annul statutes or individual provisions thereof if they are in conflicts with the constitutional order; to annul other legal enactments or individual provisions thereof if they are in conflict with the constitutional order, a statute; over constitutional complaints by the representative body of a self-governing region against an unlawful encroachment by the state; over constitutional complaints against final decisions or other encroachments by public authorities infringing constitutionally guaranteed fundamental rights and basic freedoms; over remedial actions from decisions concerning the certification of the election of a deputy or senator; to resolve doubts concerning a deputy or senator’s loss of eligibility to hold office or the incompatibility under article 25 of some other position or activity with holding the office of deputy or senator; over a constitutional charge brought by the senate against the president of the republic pursuant to article 65, paragraph 2; to decide on a petition by the president of the republic seeking the revocation of a joint resolution of the assembly of deputies and the senate pursuant to article 66; to decide on the measures necessary to implement a decision of an international tribunal which is binding on the czech republic, in the event that it cannot be otherwise implemented; to determine whether a decision to dissolve a political party or other decisions relating to the activities of a political party is in conformity with constitutional acts or other laws; to decide jurisdictional disputes between state bodies and bodies of self-governing regions, unless that power is given by statute to another body. prior to the ratification of treaty under article 10a or article 49, the constitutional court shall further have jurisdiction to decide concerning the treaty’s conformity with the constitutional order. a treaty may not be ratified prior to the constitutional court giving judgment. a statute may provide that, in place of the constitutional court, the supreme administrative court shall have jurisdiction: to annul legal enactments other than statutes or individual provisions thereof if they are inconsistent with statute; to decide jurisdictional disputes between state bodies and bodies of self-governing regions, unless that power is given by statute to another body. article 88 a statute shall specify who shall be entitled to submit a petition instituting a proceeding before the constitutional court, and under what conditions, and shall lay down other rules for proceedings before the constitutional court. in making their decisions, the justices of the constitutional court are bound only by the constitutional order and the statute under paragraph 1. article 89 decisions of the constitutional court are enforceable as soon as they are announced in the manner provided for by statute, unless the constitutional court decides otherwise concerning enforcement. enforceable decisions of the constitutional court are binding on all authorities and persons. decisions of the constitutional court which declare, pursuant to article 87 paragraph 2, that a treaty is not in conformity with the constitutional order, are an obstacle to the ratification of the treaty until such time as they are brought into conformity with each other. b. courts article 90 courts are called upon above all to provide protection of rights in the legally prescribed manner. only a court may decide upon guilt and determine the punishment for criminal offense. article 91 the court system comprises the supreme court, the supreme administrative court, superior, regional, and district courts. they may be given a different denomination by statute. the jurisdiction and organization of the courts shall be provided for by statute. article 92 the supreme court is the highest judicial body in matters that fall within the jurisdiction of courts, with the exception of matters that come under the jurisdiction of the constitutional court or the supreme administrative court. article 93 judges are appointed to their office for an unlimited term by the president of the republic. they assume their duties upon taking the oath of office. any citizen who has a character beyond reproach and a university legal education may be appointed a judge. further qualifications and procedures shall be provided for by statute. article 94 a statute shall specify which cases shall be heard by a panel of judges, as well as the composition thereof. all other cases shall be heard by individual judges. a statute may specify in which matters and in what manner other citizens shall participate alongside judges in court’s decision-making. article 95 in making their decisions, judges are bound by statutes and treaties which form a part of the legal order; they are authorized to judge whether enactments other than statutes are in conformity with statutes or with such treaties. should a court come to the conclusion that a statute which should be applied in the resolution of matter is in conflict with the constitutional order, it shall submit the matter to the constitutional court. article 96 all parties to a proceeding have equal rights before the court. proceedings before courts shall be oral and public; exceptions to this principle shall be provided for by statute. judgments shall always be pronounced publicly. chapter v. the supreme auditing office article 97 the supreme auditing office shall be an independent body. it shall perform audits on the management of state property and the implementation of the state budget. the president of the republic appoints the president and vice-president of the supreme auditing office based on the nomination of the assembly of deputies. the legal status, powers, and organizational structure of the office, as well as more detailed provisions, shall be set down in a statute. chapter vi. the czech national bank article 98 the czech national bank shall be the state central bank. its primary purpose shall be to maintain price stability; interventions into its affairs shall be permissible only on the basis of statute. the bank’s status and powers, as well as more detailed provisions, shall be set down in a statute. chapter vii. territorial self-government article 99 the czech republic is subdivided into municipalities, which are the basic territorial self-governing units, and into regions, which are the higher territorial self-governing units. article 100 territorial self-governing units are territorial communities of citizens with the right to self-government. a statute shall specify the cases when they shall be administrative districts. municipalities shall always form part of a higher self-governing region. higher self-governing regions may be created or dissolved only by a constitutional act. article 101 municipalities shall be independently administered by their representative body. higher self-governing regions shall be independently administered by their representative body. territorial self-governing units are public law corporations which may own property and manage their affairs on the basis of their own budget. the state may intervene in the affairs of territorial self-governing units only if such is required for the protection of law and only in the manner provided for by statute. article 102 members of representative bodies shall be elected by secret ballot on the basis of a universal, equal, and direct right to vote. representative bodies shall have a four-year electoral term. the circumstances under which new elections for representative bodies shall be called prior to the expiration of an electoral term shall be designated by statute. article 103 [repealed] article 104 the powers of representative bodies shall be provided for only by statute. representative bodies of municipalities shall have jurisdiction in matters of self-government, to the extent such matters are not entrusted by statute to the representative bodies of higher self-governing regions. representative bodies may, within the limits of their jurisdiction, issue generally binding ordinances. article 105 the exercise of state administration may be delegated to self-governing bodies only if such is provided for by statute. chapter viii. transitional and final provisions article 106 on the day this constitution enters into force, the czech national council shall become the assembly of deputies, the electoral term of which shall conclude on the sixth of june 1996. until such time as the senate is elected in accordance with this constitution, the senate’s duties shall be carried out by the provisional senate. the provisional senate shall be established in the manner provided for by a constitutional act. until that act enters into force, the assembly of deputies shall perform the duties of the senate. so long as it is performing the duties of the senate pursuant to paragraph 2, the assembly of deputies may not be dissolved. until statutes enacting the standing orders for both chambers are adopted, each chamber shall proceed in accordance with the standing orders of the czech national council. article 107 the statute on elections to the senate shall indicate, for the first senate election, the manner of determining which third of those senators shall have a term of office lasting two years and which third of those senators shall have a term of office lasting four years. the president of the republic shall convene the session of the senate so that it opens no later than thirty days after the election; if he does not do so, the senate shall convene thirty days after the election. article 108 the government of the czech republic, appointed after the elections in 1992 and performing its duties on the day this constitution enters into force, is deemed to be a government appointed pursuant to this constitution. article 109 until such time as the state attorney’s office is established, its duties shall be performed by the office of the procuracy of the czech republic. article 110 until the thirty-first of december 1993, military courts shall also form a system of courts. article 111 judges of all courts of the czech republic holding office on the day this constitution enters into force are deemed to be judges appointed pursuant to the constitution of the czech republic. article 112 the constitutional order of the czech republic is made up of this constitution, the charter of fundamental rights and basic freedoms, constitutional acts adopted pursuant to this constitution, and those constitutional acts of the national assembly of the czechoslovak republic, the federal assembly of the czechoslovak socialist republic, and the czech national council defining the state borders of the czech republic, as well as constitutional acts of the czech national council adopted after the sixth of june 1992. the constitution hitherto in force, the constitutional act concerning the czechoslovak federation, constitutional acts which amended and supplemented them, and constitutional act of the czech national council no. 67/1990 sb., on the state symbols of the czech republic, are hereby repealed. other constitutional acts in force in the territory of the czech republic on the day this constitution comes into effect shall be of a force equal to a statute. article 113 this constitution shall enter into force on the first of january 1993. appendix a. constitutional act no. 347/1997 sb. of december 1997 on the creation of higher territorial self-governing units and on amendments to constitutional act of the czech national council, no. 1/1993 sb., the constitution of the czech republic parliament has enacted this constitutional act of the czech republic: part 1 article 1 the following higher territorial self-governing units shall be created in the czech republic: [translator’s note: the names, capitols, and territorial delimitation of the 14 higher territorial self-governing units have been omitted from this translation.] article 2 the borders of the higher territorial self-governing units may be changed only by statute. article 3 the territory of the capitol city of prague is understood to mean its territory as defined on the day this constitutional act comes into effect. the territories of districts is understood to mean their territories as defined on the day this constitutional act comes into effect. part 2 article 4 the constitutional act of the czech national council, no. 1/1993 sb., the constitution of the czech republic, is amended as follows: article 99 shall read: “article 99. the czech republic is subdivided into municipalities, which are the basic territorial self-governing units, and into regions, which are the higher territorial self-governing units.” article 103 is repealed. part 3 article 5 this constitutional act comes into effect on 1 january 2000. appendix b. constitutional act of 22 april 1998 no. 110/1998 sb., on the security of the czech republic parliament has enacted this constitutional act of the czech republic: a. basic provisions article 1 it is the state’s basic duty to ensure the czech republic’s sovereignty and territorial integrity, the protection of its democratic foundations, and the protection of lives, health and property. article 2 if the czech republic’s sovereignty, territorial integrity, or democratic foundations are directly threatened, or if its internal order and security, lives, health or property are to a significant extent directly threatened, or if such is necessary to meet its international obligations on collective self-defense, a state of emergency, condition of threat to the state, or state of war may, in accordance with the intensity, territorial extent and character of the situation, be declared. a state of emergency or condition of threat to the state is declared either in a restricted area or for the entire territory of the state; a state of war is declared for the entire territory of the state. article 3 the czech republic’s security is to be ensured by the armed forces, the armed security corps, rescue corps, and accident services. state bodies, bodies of self-governing territorial units, and natural and legal persons are obliged to participate in safeguarding the czech republic’s security. the extent of this obligation, as well as further details, shall be provided for by statute. article 4 the armed forces shall be supplemented on the basis of the military service obligation. the extent of the military service obligation, the duties of the armed forces, of the armed security corps, of the rescue corps and accident services, their organizations, preparation, and supplementation, and the legal relations of their members shall be laid down by statute in such a way as to ensure civilian control of the armed forces. b. state of emergency article 5 the government may declare a state of emergency in cases of natural catastrophe, ecological or industrial accident, or other danger which to a significant extent threatens life, health, or property or domestic order or security. a state of emergency may not be declared on grounds of a strike held for the protection of rights or of legitimate economic and social interests. if delay would present a danger, the prime minister may declare a state of emergency. within 24 hours of the announcement thereof, the government shall either ratify or annul his decision. the government shall inform the assembly of deputies without unnecessary delay that it has declared a state of emergency, which the assembly of deputies may annul. article 6 a state of emergency may be declared only for the stated reasons, for a fixed period, and in relation to a designated territorial area. concurrently with its declaration of the state of emergency, the government must specify which rights prescribed in individual statutes shall, in conformity with the charter of fundamental rights and basic freedoms, be restricted, and to what extent, and which duties shall be imposed, and to what extent. detailed provisions shall be laid down by statute. a state of emergency may be declared for a period of no more than 30 days. the stated period may be extended only with the prior consent of the assembly of deputies. a state of emergency ends upon the expiry of the period for which it was declared, unless the government or the assembly of deputies decides to annul it prior to the expiry of that period. c. condition of threat to the state article 7 if the state’s sovereignty, territorial integrity, or democratic foundations are directly threatened, the parliament may, on the government’s proposal, declare a condition of threat to the state. the assent of an absolute majority of all deputies and the assent of an absolute majority of all senators are required for the adoption of a declaration of a condition of threat to the state. d. abbreviated debate on legislative bills article 8 for the duration of a period of a condition of threat to the state or of a state of war, the government may request that the parliament deal with government bills in shortened debate. the assembly of deputies shall adopt a resolution on such bills within 72 hours of their submission and the senate within 24 hours of their transmittal by the assembly of deputies. if the senate has not given its view within that period, then the bill has been deemed to be adopted. for the duration of a period of a condition of threat to the state or of a state of war, the president of the republic does not have the right to return statutes adopted in shortened debate. the government may not submit for shortened debate a bill on a constitutional act. e. the state security council article 9 the state security council is made up of the prime minister, as well as other members of the government pursuant to the decision of the government. to the extent of its commission as designated for it by the government, the state security council shall prepare for the government proposals for measures to safeguard the czech republic’s security. the president of the republic has the right to participate in meetings of the state security council, request reports of it or of its members, and to discuss with it or its members issues that fall within its decision-making competence. f. the prolongation of electoral terms article 10 if during a period of a state of emergency, a condition of threat to the state, or a state of war, the conditions in the czech republic do not permit the holding of elections by the deadline prescribed for regular electoral terms, the deadline may be extended by statute, however for no longer than six months. g. common provisions article 11 during a period when the assembly of deputies is dissolved, the senate shall be competent: to decide on the extension or termination of a state of emergency, to declare a condition of threat to the state or a state of war, and to decide on the czech republic’s participation in defensive systems of international organizations of which the czech republic is a member; give consent to sending the armed forces of the czech republic outside the territory of the czech republic or to the stationing of the armed forces of other states within the territory of the czech republic, unless such decisions are reserved to the government. article 12 a decision to declare state of emergency, a condition of threat to the state, or a state of war shall be made public by means of the mass media and shall be promulgated just like a statute. it enters into effect at the moment provided for in the decision. h. concluding provisions article 13 this constitutional act comes into effect on the day of its promulgation. appendix c. constitutional act of 14 november 2002 no. 515/2002 sb., concerning the referendum on the czech republic’s accession to the european union and amendments to constitutional act no. 1/1993 sb., the constitution of the czech republic, as amended by subsequent constitutional acts parliament has enacted this constitutional act of the czech republic: part 1. referendum on the czech republic’s accession to the european union a. general provision article 1 the decision on the czech republic’s accession to the european union may be made solely by referendum. the referendum question shall read: "do you agree with the czech republic becoming, pursuant to the treaty of accession of the czech republic to the european union, a member state of the european "union?" every citizen of the czech republic who has attained the age of 18 shall have the right to vote in the referendum. the president of the republic shall call the referendum and announce the results of the referendum in a manner analogous to that in which he promulgates statutes. should the referendum take place in the final six months of the electoral term of the of the assembly of deputies or of the term of office of the representative bodies of territorial selfgoverning units, the president of the republic shall call it so that it shall be held together with the elections to the assembly of deputies or to the representative bodies of territorial self-governing units. article 2 the president of the republic shall call the referendum within 30 days of the day on which the treaty of accession of the czech republic to the european union is signed so that it can take place in the period beginning on the thirtieth day following the calling of the referendum and ending on the sixtieth day following. b. repeated referendum article 3 if the czech republic’s accession to the european union is not approved in the referendum held pursuant to art. 2, a petition proposing the calling of a referendum on the same matter may be submitted by the government, jointly by at least two-fifths of the deputies, or jointly by at least two-fifths of the senators. a petition proposing the calling of a referendum shall be submitted to the president of the republic. the referendum can be called no sooner than two years after the czech republic’s accession to the european union was not approved in the preceding referendum. article 4 if the conditions for the calling of referendum are met, the president of the republic shall call it within 30 days of the day the petition proposing it be called is submitted, so that it may take place at the latest by the 90th day following the submission of that petition, otherwise she shall make the decision within the same period declining to call a referendum. c. the referendum results article 5 the czech republic’s accession to the european union shall be approved in the referendum if an absolute majority of those voting answer the referendum question in the affirmative. the announcement of the results of a referendum in which the czech republic’s accession to the european union is approved shall substitute for the parliament’s assent to the ratification of the treaty of accession of the czech republic to the european union. article 6 further conditions on the exercise of the right to vote in the referendum, as well as the detailed provisions concerning the proposal, voting, the holding of the referendum, and the announcement of its results shall be regulated in a statute. in order for that statute to be adopted, both the assembly of deputies and the senate must approve it. part 2. amendments to constitutional act no. 1/1993 sb., the constitution of the czech republic, as amended by subsequent constitutional acts article 7 constitutional act no. 1/1993 sb., the constitution of the czech republic, as amended by constitutional act no. 347/1997 sb., constitutional act no. 300/2000 sb., constitutional act no. 395/2001 sb., and constitutional act no. 448/2001 sb., shall be amended as follows: [see the constitution of the czech republic where these amendments are incorporated.] part 3. entry into effect article 8 this constitutional act shall enter into effect on 1 march 2003. charter of fundamental rights and basic freedoms the federal assembly, on the basis of the proposals of the czech national council and the slovak national council, recognizing the inviolability of the natural rights of man, the rights of citizens, and the sovereignty of the law, proceeding from the universally-shared values of humanity and from our nations' traditions of democracy and self-government, mindful of the bitter experience of periods when human rights and fundamental freedoms were suppressed in our homeland, placing hope in the common endeavors of all free nations to safeguard these rights, ensuing from the czech and slovak nations' right to self-determination, recalling its share of responsibility towards future generations for the fate of all life on earth, and expressing the resolve that the czech and slovak federal republic should join in dignity the ranks of countries cherishing these values, has enacted this charter of fundamental rights and basic freedoms: chapter 1. general provisions article 1 all people are free, have equal dignity, and enjoy equality of rights. their fundamental rights and basic freedoms are inherent, inalienable, non-prescriptible, and not subject to repeal. article 2 democratic values constitute the foundation of the state, so that it may not be bound either by an exclusive ideology or by a particular religious faith. state authority may be asserted only in cases and within the bounds provided for by law and only in the manner prescribed by law. everyone may do that which is not prohibited by law; and nobody may be compelled to do that which is not imposed upon her by law. article 3 everyone is guaranteed the enjoyment of her fundamental rights and basic freedoms without regard to gender, race, color of skin, language, faith and religion, political or other conviction, national or social origin, membership in a national or ethnic minority, property, birth, or other status. everybody has the right freely to choose his nationality. it is prohibited to influence this choice in any way, just as is any form of pressure aimed at suppressing a person's national identity. nobody may be caused detriment to her rights merely for asserting her fundamental rights and basic freedoms. article 4 duties may be imposed upon persons only on the basis of and within the bounds of law, and only while respecting the fundamental rights and basic freedoms of the individual. limitations may be placed upon the fundamental rights and basic freedoms only by law and under the conditions prescribed in this charter of fundamental rights and basic freedoms (hereinafter "charter"). any statutory limitation upon the fundamental rights and basic freedoms must apply in the same way to all cases which meet the specified conditions. in employing the provisions concerning limitations upon the fundamental rights and basic freedoms, the essence and significance of these rights and freedoms must be preserved. such limitations are not to be misused for purposes other than those for which they were laid down. chapter 2. human rights and fundamental freedoms division 1. fundamental human rights and freedoms article 5 everyone has the capacity to possess rights. article 6 everyone has the right to life. human life is worthy of protection even before birth. nobody may be deprived of his life. the death penalty is prohibited. deprivation of life is not inflicted in contravention of this article if it occurs in connection with conduct which is not criminal under the law. article 7 the inviolability of the person and of her private life is guaranteed. they may be limited only in cases provided for by law. no one may be subjected to torture or to cruel, inhuman, or degrading treatment or punishment. article 8 personal liberty is guaranteed. no one may be prosecuted or deprived of her liberty except on the grounds and in the manner specified by law. no one may be deprived of her liberty merely on the grounds of inability to fulfill a contractual obligation. a person accused of or suspected of having committed a criminal act may be detained only in cases specified by law. a person who is detained shall promptly be informed of the grounds for the detention, questioned, and within [twenty-four] hours at the latest, either released or turned over to a court. a judge must question the detained person and decide, within twenty-four hours of receiving him, whether the person shall be placed in custody or released. a person accused of a criminal act may be arrested only on the basis of a warrant issued by a judge in writing and stating the reasons for the arrest. the arrested person shall be turned over to a court within twenty-four hours. a judge shall question the arrested person and decide, within twenty-four hours, whether the person shall be placed or released. a person may be placed in custody only on the grounds and for the length of time laid down in a law, and only on the basis of a judicial decision. the law shall specify the cases in which a person may be committed to or kept in a medical institution without her consent. a court must be notified within twenty-four hours that such a measure has been taken, and it shall decide within seven days whether the placement was proper. article 9 no one may be subjected to forced labor or service. the provision of paragraph 1 shall not apply to: labor imposed in accordance with law upon persons serving a prison sentence or upon persons serving other penalties that take the place of the penalty of imprisonment, military service or some other service provided for by law in place of compulsory military service, service required on the basis of law in the event of natural disasters, accidents, or other danger threatening human life, health, or property of significant value, conduct imposed by law for the protection of life, health, or the rights of others. article 10 everyone has the right to demand that his human dignity, personal honor, and good reputation be respected, and that his name be protected. everyone has the right to be protected from any unauthorized intrusion into her private and family life. everyone has the right to be protected from the unauthorized gathering, public revelation, or other misuse of his personal data. article 11 everyone has the right to own property. each owner's property right shall have the same content and enjoy the same protection. inheritance is guaranteed. the law shall designate that property necessary for securing the needs of the entire society, the development of the national economy, and the public welfare, which may be owned exclusively by the state, a municipality, or by designated legal persons; the law may also provide that certain items of property may be owned exclusively by citizens or legal persons with their headquarters in the czech and slovak federal republic. ownership entails obligations. it may not be misused to the detriment of the rights of others or in conflict with legally protected public interests. property rights may not be exercised so as to harm human health, nature, or the environment beyond the limits laid down by law. expropriation or some other mandatory limitation upon property rights is permitted in the public interest, on the basis of law, and for compensation. taxes and fees shall be levied only pursuant to law. article 12 a person's dwelling is inviolable. it may not be entered without the permission of the person living there. a dwelling may be searched only for the purposes of a criminal proceeding on the basis of a search warrant issued by a judge in writing and giving the reasons therefor. the manner in which a dwelling may be searched shall be set down in a law. other encroachments upon the inviolability of a dwelling may be permitted by law only if such is necessary in a democratic society for the protection of the life or health of individuals, for the protection of the rights and freedoms of others, or in order to avert a serious threat to public security and order. if a dwelling is also used for a business enterprise of for carrying on other economic activities, the law may also permit such an encroachment if it is necessary to fulfill the duties of public administration. article 13 no one may violate the confidentiality of letters or other papers or records, whether privately kept or sent by post or by some other means, except in the cases and in the manner designated by law. the confidentiality of communications sent by telephone, telegraph, or by other similar devices is guaranteed in the same way. article 14 the liberty of movement and the freedom of the choice of residence is guaranteed. everyone who is legitimately staying within the territory of the czech and slovak federal republic has the right freely to leave it. these freedoms may be limited by law if such is unavoidable for the security of the state, the maintenance of public order, the protection of the rights and freedoms of others or, in demarcated areas, for the purpose of protecting nature. every citizen is free to enter the territory of the czech and slovak federal republic. no citizen may be forced to leave his homeland. an alien may be expelled only in cases specified by the law. article 15 the freedom of thought, conscience, and religious conviction is guaranteed. everyone has the right to change her religion or faith or to be non-denominational. the freedom of scholarly research and of artistic creation is guaranteed. no one may be compelled to perform military service if such is contrary to his conscience or religious conviction. detailed provisions shall be laid down in a law. article 16 everyone has the right freely to manifest her religion or faith, either alone or in community with others, in private or public, through worship, teaching, practice, and observance. churches and religious societies govern their own affairs; in particular, they establish their own bodies and appoint their clergy, as well as found religious orders and other church institutions, independent of state authorities. the conditions under which religious instruction may be given at state schools shall beset by law. the exercise of these rights may be limited by law in the case of measures necessary in a democratic society for the protection of public safety and order, health and morals, or the rights and freedoms of others. division 2. political rights article 17 the freedom of expression and the right to information are guaranteed. everyone has the right to express his views in speech, in writing, in the press, in pictures, or in any other form, as well as freely to seek, receive, and disseminate ideas and information irrespective of the frontiers of the state. censorship is not permitted. the freedom of expression and the right to seek and disseminate information may be limited by law in the case of measures that are necessary in a democratic society for protecting the rights and freedoms of others, the security of the state, public security, public health, or morals. state bodies and territorial self-governing bodies are obliged, in an appropriate manner, to provide information with respect to their activities. conditions therefor and the implementation thereof shall be provided for by law. article 18 the right of petition is guaranteed; in matters of public or other communal interest, everyone has the right, on her own or together with other individuals, to address state bodies or territorial self-governing bodies with requests, proposals, or complaints. petitions may not be misused to intrude upon the independence of the courts. petitions may not be misused for the purpose of calling for the violation of the fundamental rights and freedoms guaranteed by this charter. article 19 the right of peaceful assembly is guaranteed. the exercise of this right may be limited by law in the case of assemblies held in public places, if it concerns measures that are necessary in a democratic society for the protection of the rights and freedoms of others, public order, health, morals, property, or the security of the state. however, an assembly shall not be made to depend on the grant of permission by a public administrative authority. article 20 the right of association is guaranteed. everybody has the right to associate together with others in clubs, societies, and other associations. citizens also have the right to form political parties and political movements and to associate in them. the exercise of these rights may be limited only in cases specified by law, if it involves measures that are necessary in a democratic society for the security of the state, the protection of public security and public order, the prevention of crime, or the protection of the rights and freedoms of others. political parties and political movements, as well as other associations, are separate from the state. article 21 citizens have the right to participate in the administration of public affairs either directly or through the free election of their representatives. elections must be held within terms not exceeding the regular electoral terms provided for by law. the right to vote is universal and equal, and shall be exercised by secret ballot. the conditions for exercising the right to vote shall be provided for by law. citizens shall have access, on an equal basis, to any elective and other public office. article 22 any statutory provisions relating to political rights and freedoms, as well as the interpretation and application of them, shall make possible and protect the free competition among political forces in a democratic society. article 23 citizens have the right to put up resistance to any person who would do away with the democratic order of human rights and fundamental freedoms, established by this charter, if the actions of constitutional institutions or the effective use of legal means have been frustrated. chapter 3. the rights of national and ethnic minorities article 24 a person's affiliation with any national or ethnic minority group may not be to her detriment. article 25 citizens who constitute a national or ethnic minority are guaranteed all-round development, in particular the right to develop, together with other members of the minority, their own culture, the right to disseminate and receive information in their native language, and the right to associate in national associations. detailed provisions shall be set down by law. citizens belonging to national and ethnic minority groups are also guaranteed, under the conditions set down by law: the right to education in their own language, the right to use their own language when dealing with officials, the right to participate in the resolution of affairs that concern national and ethnic minorities. chapter 4. economic, social, and cultural rights article 26 everybody has the right to the free choice of his profession and to the training for that profession, as well as to engage in commercial and pursue other economic activity. conditions and limitations may be set by law upon the right to engage in certain professions or activities. everybody has the right to acquire the means of her livelihood by work. the state shall provide an adequate level of material security to those citizens who are unable, through no fault of their own, to exercise this right; conditions shall be provided for by law. different statutory rules may apply to aliens. article 27 everyone has the right to associate freely with others for the protection of his economic and social interests. trade unions shall be established independently of the state. no limits maybe placed upon the number of trade union organizations, nor may any of them be given preferential treatment in a particular enterprise or sector of industry. the activities of trade unions and the formation and activities of similar associations for the protection of economic and social interests may be limited by law in the case of measures necessary in a democratic society for the protection of the security of the state, public order, or the rights and freedoms of others. the right to strike is guaranteed under the conditions provided for by law; this right does not appertain to judges, prosecutors, or members of the armed forces or security corps. article 28 employees have the right to fair remuneration for their work and to satisfactory work conditions. detailed provisions shall be set by law. article 29 women, adolescents, and persons with health problems have the right to increased protection of their health at work and to special work conditions. adolescents and persons with health problems have the right to special protection in labor relations and to assistance in vocational training. detailed provisions shall be set by law. article 30 citizens have the right to adequate material security in old age and during periods of work incapacity, as well as in the case of the loss of their provider. everyone who suffers from material need has the right to such assistance as is necessary to ensure her a basic living standard. detailed provisions shall be set by law. article 31 everyone has the right to the protection of his health. citizens shall have the right, on the basis of public insurance, to free medical care and to medical aids under conditions provided for by law. article 32 parenthood and the family are under the protection of the law. special protection is guaranteed to children and adolescents. pregnant women are guaranteed special care, protection in labor relations, and suitable work conditions. children, whether born in or out of wedlock, enjoy equal rights. it is the parents' right to care for and raise their children; children have the right to upbringing and care from their parents. parental rights may be limited and minor children may be removed from their parents' custody against the latters' will only by the decision of a court on the basis of the law. parents who are raising children have the right to assistance from the state. detailed provisions shall be set by law. article 33 everyone has the right to education. school attendance shall be obligatory for the period specified by law. citizens have the right to free elementary and secondary school education, and, depending on particular citizens' ability and the capability of society, also to university-level education. private schools may be established and instruction provided there only under conditions set by law; education may be provided at such schools in exchange for tuition. the conditions under which citizens have the right to assistance from the state during their studies shall be set by law. article 34 the rights to the fruits of one's creative intellectual work shall be protected by law. the right of access to the nation's cultural wealth is guaranteed under the conditions set by law. article 35 everyone has the right to a favorable environment. everyone has the right to timely and complete information about the state of the environment and natural resources. no one may, in exercising her rights, endanger or cause damage to the environment, natural resources, the wealth of natural species, or cultural monuments beyond the extent designated by law. chapter 5. the right to judicial and other legal protection article 36 everyone may assert, through the legally prescribed procedure, his rights before an independent and impartial court or, in specified cases, before another body. unless a law provides otherwise, a person who claims that her rights were curtailed by a decision of a public administrative authority may turn to a court for review of the legality of that decision. however, judicial review of decisions affecting the fundamental rights and basic freedoms listed in this charter may not be removed from the jurisdiction of courts. everybody is entitled to compensation for damage caused him by an unlawful decision of a court, other state bodies, or public administrative authorities, or as the result of an incorrect official procedure. conditions therefor and detailed provisions shall be set by law. article 37 everyone has the right to refuse to give testimony if she would thereby incriminate herself or a person close to her. in proceedings before courts, other state bodies, or public administrative authorities, everyone shall have the right to assistance of counsel from the very beginning of such proceedings. all parties to such proceedings are equal. anyone who declares that he does not speak the language in which a proceeding is being conducted has the right to the services of an interpreter. article 38 no one may be removed from the jurisdiction of her lawful judge. the jurisdiction of courts and the competence of judges shall be provided for by law. everyone has the right to have her ease considered in public, without unnecessary delay, and in her presence, as well as to express her views on all of the admitted evidence. the public may be excluded only in cases specified by law. article 39 only a law may designate the acts which constitute a crime and the penalties or other detriments to rights or property that may be imposed for committing them. article 40 only a court may determine a person's guilt and designate the punishment for criminal acts. a person against whom a criminal proceeding has been brought shall be considered innocent until his guilt is declared in a court's final judgment of conviction. an accused has the right to be given the time and opportunity to prepare a defense and to be able to defend herself, either pro se or with the assistance of counsel. if she fails to choose counsel even though the law requires her to have one, she shall be appointed counsel by the court. the law shall set down the cases in which an accused is entitled to counsel free of charge. an accused has the right to refuse to give testimony; he may not be deprived of this right in any manner whatsoever. no one may be criminally prosecuted for an act for which she has already been finally convicted or acquitted of the charges. this rule shall not preclude the application, in conformity with law, of extraordinary procedures for legal redress. the question whether an act is punishable or not shall be considered, and penalties shall be imposed, in accordance with the law in effect at the time the act was committed. a subsequent law shall be applied if it is more favorable to the offender. chapter 6. general provisions article 41 the rights specified in article 26, article 27 para. 4, articles 28 to 31, article 32 paras. 1 and 3, article 33, and article 35 of this charter maybe claimed only within the confines of the laws implementing these provisions. whenever this charter refers to a law, it is understood to mean a law enacted by the federal assembly, unless, as a result of the constitutional division of legislative powers, such issues are governed by laws enacted by the national councils. article 42 whenever this charter uses the term "citizen", this is to be understood as a citizen of the czech and slovak federal republic. while in the czech and slovak federal republic, aliens enjoy the human rights and fundamental freedoms guaranteed by this charter, unless such rights and freedoms are expressly extended to citizens alone. whenever legal enactments in force employ the term "citizen", this shall be understood to refer to every individual if it concerns the fundamental rights and basic freedoms that this charter extends to everybody irrespective of his citizenship. article 43 the czech and slovak federal republic shall grant asylum to aliens who are being persecuted for the assertion of their political rights and freedoms. asylum may be denied to a person who has acted contrary to fundamental human rights and basic freedoms. article 44 restrictions may be placed upon the exercise of the right to engage in business enterprises and other economic activities, as well as of the right enumerated in article 20 para. 2, by judges and prosecutors; by employees in state administration and in local self-government, holding the positions specified therein as well as upon their exercise of the right enumerated in article 27 para. 4; by members of security corps and members of the armed forces, as well as, insofar as such is related to the performance of their duties, upon their exercise of the rights listed in articles 18, 19, and 27 paras. 1 to 3. a law may place restrictions upon the exercise of the right to strike by persons who engage in professions essential for the protection of human life and health. the instrument of government chapter 1. basic principles of the form of government art 1 all public power in sweden proceeds from the people. swedish democracy is founded on the free formation of opinion and on universal and equal suffrage. it is realised through a representative and parliamentary form of government and through local self-government. public power is exercised under the law. art 2 public power shall be exercised with respect for the equal worth of all and the liberty and dignity of the individual. the personal, economic and cultural welfare of the individual shall be fundamental aims of public activity. in particular, the public institutions shall secure the right to employment, housing and education, and shall promote social care and social security, as well as favourable conditions for good health. the public institutions shall promote sustainable development leading to a good environment for present and future generations. the public institutions shall promote the ideals of democracy as guidelines in all sectors of society and protect the private and family lives of the individual. the public institutions shall promote the opportunity for all to attain participation and equality in society and for the rights of the child to be safeguarded. the public institutions shall combat discrimination of persons on grounds of gender, colour, national or ethnic origin, linguistic or religious affiliation, functional disability, sexual orientation, age or other circumstance affecting the individual. the opportunities of the sami people and ethnic, linguistic and religious minorities to preserve and develop a cultural and social life of their own shall be promoted. art 3 the instrument of government, the act of succession, the freedom of the press act and the fundamental law on freedom of expression are the fundamental laws of the realm. art 4 the riksdag is the foremost representative of the people. the riksdag enacts the laws, determines state taxes and decides how state funds shall be employed. the riksdag shall examine the government and administration of the realm. art 5 the king or queen who occupies the throne of sweden in accordance with the act of succession shall be the head of state. art 6 the government governs the realm. it is accountable to the riksdag. art 7 sweden has local authorities at local and regional level. art 8 courts of law exist for the administration of justice, and central and local government administrative authorities exist for public administration. art 9 courts of law, administrative authorities and others performing public administration functions shall pay regard in their work to the equality of all before the law and shall observe objectivity and impartiality. art 10 sweden is a member of the european union. sweden also participates in international cooperation within the framework of the united nations and the council of europe, and in other contexts. chapter 2. fundamental rights and freedoms part 1. freedom of opinion art 1 everyone shall be guaranteed the following rights and freedoms in his or her relations with the public institutions: freedom of expression: that is, the freedom to communicate information and express thoughts, opinions and sentiments, whether orally, pictorially, in writing, or in any other way; freedom of information: that is, the freedom to procure and receive information and otherwise acquaint oneself with the utterances of others; freedom of assembly: that is, the freedom to organise or attend meetings for the purposes of information or the expression of opinion or for any other similar purpose, or for the purpose of presenting artistic work; freedom to demonstrate: that is, the freedom to organise or take part in demonstrations in a public place; freedom of association: that is, the freedom to associate with others for public or private purposes; and freedom of worship: that is, the freedom to practise one's religion alone or in the company of others. the provisions of the freedom of the press act and the fundamental law on freedom of expression shall apply concerning the freedom of the press and the corresponding freedom of expression on sound radio, television and certain similar transmissions, as well as in films, video recordings, sound recordings and other technical recordings. the freedom of the press act also contains provisions concerning the right of access to official documents. art 2 no one shall in his or her relations with the public institutions be coerced to divulge an opinion in a political, religious, cultural or other such connection. nor may anyone in his or her relations with the public institutions be coerced to participate in a meeting for the shaping of opinion or a demonstration or other manifestation of opinion, or to belong to a political association, religious community or other association for opinion referred to in sentence one. art 3 no record in a public register concerning a swedish citizen may be based without his or her consent solely on his or her political opinions. part 2. physical integrity and freedom of movement art 4 there shall be no capital punishment. art 5 everyone shall be protected against corporal punishment. no one may be subjected to torture or medical intervention with the purpose of extorting or suppressing statements. art 6 everyone shall be protected in their relations with the public institutions against any physical violation also in cases other than cases under articles 4 and 5. everyone shall likewise be protected against body searches, house searches and other such invasions of privacy, against examination of mail or other confidential correspondence, and against eavesdropping and the recording of telephone conversations or other confidential communications. in addition to what is laid down in paragraph one, everyone shall be protected in their relations with the public institutions against significant invasions of their personal privacy, if these occur without their consent and involve the surveillance or systematic monitoring of the individual's personal circumstances. art 7 no swedish citizen may be deported from or refused entry into the realm. no swedish citizen who is domiciled in the realm or who has previously been domiciled in the realm may be deprived of his or her citizenship. it may however be prescribed that children under the age of eighteen shall have the same nationality as their parents or as one parent. art 8 everyone shall be protected in their relations with the public institutions against deprivations of personal liberty. all swedish citizens shall also in other respects be guaranteed freedom of movement within the realm and freedom to depart the realm. part 3. rule of law art 9 if a public authority other than a court of law has deprived an individual of his or her liberty on account of a criminal act or because he or she is suspected of having committed such an act, the individual shall be entitled to have the deprivation of liberty examined before a court of law without undue delay. this shall not, however, apply where the matter concerns the transfer to sweden of responsibility for executing a penal sanction involving deprivation of liberty according to a sentence in another state. also those who for reasons other than those specified in paragraph one, have been taken forcibly into custody, shall likewise be entitled to have the matter of custody examined before a court of law without undue delay. in such a case, examination before a tribunal shall be equated with examination before a court of law, provided the composition of the tribunal has been laid down in law and it is stipulated that the chair of the tribunal shall be currently, or shall have been previously, a permanent salaried judge. if examination has not been referred to an authority which is competent under paragraph one or two, such examination shall be undertaken by a court of general jurisdiction. art 10 no one may be sentenced to a penalty or penal sanction for an act which was not subject to a penal sanction at the time it was committed. nor may anyone be sentenced to a penal sanction which is more severe than that which was in force when the act was committed. the provisions laid down here with respect to penal sanctions also apply to forfeiture and other special legal effects of crime. no taxes or charges due the state may be imposed except inasmuch as this follows from provisions which were in force when the circumstance arose which occasioned the liability for the tax or charge. should the riksdag find that special reasons so warrant, it may however lay down in law that taxes or charges due the state shall be imposed even though no such act had entered into force when the aforementioned circumstance arose, provided the government, or a committee of the riksdag, had submitted a proposal to this effect to the riksdag at the time concerned. a written communication from the government to the riksdag announcing the forthcoming introduction of such a proposal is equated with a formal proposal. the riksdag may furthermore prescribe that exceptions shall be made to the provisions of sentence one if it considers that this is warranted on special grounds connected with war, the danger of war, or grave economic crisis. art 11 no court of law may be established on account of an act already committed, or for a particular dispute or otherwise for a particular case. legal proceedings are to be carried out fairly and within a reasonable period of time. proceedings in courts of law shall be open to the public. part 4. protection against discrimination art 12 no act of law or other provision may imply the unfavourable treatment of anyone because they belong to a minority group by reason of ethnic origin, colour, or other similar circumstances or on account of their sexual orientation. art 13 no act of law or other provision may imply the unfavourable treatment of anyone on grounds of gender, unless the provision forms part of efforts to promote equality between men and women or relates to compulsory military service or other equivalent official duties. art 14 a trade union or an employer or employers' association shall be entitled to take industrial action unless otherwise provided in an act of law or under an agreement. part 5. protection of property and the right of public access art 15 the property of every individual shall be so guaranteed that no one may be compelled by expropriation or other such disposition to surrender property to the public institutions or to a private subject, or tolerate restriction by the public institutions of the use of land or buildings, other than where necessary to satisfy pressing public interests. a person who is compelled to surrender property by expropriation or other such disposition shall be guaranteed full compensation for his or her loss. compensation shall also be guaranteed to a person whose use of land or buildings is restricted by the public institutions in such a manner that on-going land use in the affected part of the property is substantially impaired, or injury results which is significant in relation to the value of that part of the property. compensation shall be determined according to principles laid down in law. in the case of limitations on the use of land or buildings on grounds of protection of human health or the environment, or on grounds of safety, however, the rules laid down in law apply in the matter of entitlement to compensation. everyone shall have access to the natural environment in accordance with the right of public access, notwithstanding the above provisions. part 6. copyright art 16 authors, artists and photographers shall own the rights to their works in accordance with rules laid down in law. part 7. freedom of trade art 17 limitations affecting the right to trade or practise a profession may be introduced only in order to protect pressing public interests and never solely in order to further the economic interests of a particular person or enterprise. the right of the sami population to practise reindeer husbandry is regulated in law. part 8. education and research art 18 all children covered by compulsory schooling shall be entitled to a free basic education in the public education system. the public institutions shall be responsible also for the provision of higher education. the freedom of research is protected according to rules laid down in law. part 9. the european convention art 19 no act of law or other provision may be adopted which contravenes sweden's undertakings under the european convention for the protection of human rights and fundamental freedoms. part 10. conditions for limiting rights and freedoms art 20 to the extent provided for in articles 21 to 24, the following rights and freedoms may be limited in law: freedom of expression, freedom of information, freedom of assembly, freedom to demonstrate and freedom of association (article 1, points 1 to 5); protection against any physical violation in cases other than cases under articles 4 and 5, against body searches, house searches and other such invasions of privacy, against violations of confidential items of mail or communications and otherwise against violations involving surveillance and monitoring of the individual's personal circumstances (article 6); freedom of movement (article 8); and public court proceedings (article 11, paragraph two, sentence two). with authority in law, the rights and freedoms referred to in paragraph one may be limited by other statute in cases under chapter 8, article 5, and in respect of prohibition of the disclosure of matters which have come to a person's knowledge in the performance of public or official duties. freedom of assembly and freedom to demonstrate may similarly be limited also in cases under article 24, paragraph one, sentence two. art 21 the limitations referred to in article 20 may be imposed only to satisfy a purpose acceptable in a democratic society. the limitation must never go beyond what is necessary with regard to the purpose which occasioned it, nor may it be carried so far as to constitute a threat to the free shaping of opinion as one of the fundaments of democracy. no limitation may be imposed solely on grounds of a political, religious, cultural or other such opinion. art 22 a draft law under article 20 shall be held in abeyance, unless rejected by the riksdag, for a minimum of twelve months from the date on which the first riksdag committee report on the proposal was submitted to the chamber, if so moved by at least ten members. the riksdag may, however, adopt the proposal directly if it has the support of at least five sixths of those voting. paragraph one shall not apply to any draft law prolonging the life of a law for a period not exceeding two years. nor shall it apply to any draft law concerned only with: prohibition of the disclosure of matters which have come to a person's knowledge in the performance of public or official duties, where secrecy is called for with regard to interests under chapter 2, article 2 of the freedom of the press act; house searches and similar invasions of privacy; or deprivation of liberty as a penal sanction for a specific act. the committee on the constitution determines on behalf of the riksdag whether paragraph one applies in respect of a particular draft law. art 23 freedom of expression and freedom of information may be limited with regard to the security of the realm, the national supply of goods, public order and public safety, the good repute of the individual, the sanctity of private life, and the prevention and prosecution of crime. freedom of expression may also be limited in business activities. freedom of expression and freedom of information may otherwise be limited only where particularly important grounds so warrant. in judging what limitations may be introduced in accordance with paragraph one, particular attention must be paid to the importance of the widest possible freedom of expression and freedom of information in political, religious, professional, scientific and cultural matters. the adoption of provisions which regulate in more detail a particular manner of disseminating or receiving information, without regard to its content, shall not be deemed a limitation of the freedom of expression or the freedom of information. art 24 freedom of assembly and freedom to demonstrate may be limited in the interests of preserving public order and public safety at a meeting or demonstration, or with regard to the circulation of traffic. these freedoms may otherwise be limited only with regard to the security of the realm or in order to combat an epidemic. freedom of association may be limited only in respect of organisations whose activities are of a military or quasi-military nature, or constitute persecution of a population group on grounds of ethnic origin, colour, or other such conditions. art 25 for foreign nationals within the realm, special limitations may be introduced to the following rights and freedoms: freedom of expression, freedom of information, freedom of assembly, freedom to demonstrate, freedom of association and freedom of worship (article 1, paragraph one); protection against coercion to divulge an opinion (article 2, sentence one); protection against physical violations also in cases other than cases under articles 4 and 5, against body searches, house searches and other such invasions of privacy, against violations of confidential items of mail or communications and otherwise against violations involving surveillance and monitoring of the individual's personal circumstances (article 6); protection against deprivation of liberty (article 8, sentence one); the right to have a deprivation of liberty other than a deprivation of liberty on account of a criminal act or on suspicion of having committed such an act examined before a court of law (article 9, paragraphs two and three); public court proceedings (article 11, paragraph two, sentence two); authors', artists' and photographers' rights to their works (article 16); the right to trade or practise a profession (article 17); the right to freedom of research (article 18, paragraph two); and protection against violations on grounds of an opinion (article 21, sentence three). the provisions of article 22, paragraph one, paragraph two, sentence one and paragraph three shall apply with respect to the special limitations referred to in paragraph one. chapter 3. the riksdag part 1. formation and composition of the riksdag art 1 the riksdag is appointed by means of free, secret and direct elections. voting in such elections is by party, with an option for the voter to express a personal preference vote. party denotes any association or group of voters which runs for election under a particular designation. art 2 the riksdag consists of a single chamber comprising three hundred and forty-nine members. alternates shall be appointed for members. part 2. ordinary elections art 3 ordinary elections to the riksdag are held every four years. part 3. right to vote and eligibility to stand for election art 4 every swedish citizen who is currently domiciled within the realm or who has ever been domiciled within the realm, and who has reached the age of eighteen, is entitled to vote in an election to the riksdag. only a person who is entitled to vote may be a member or alternate member of the riksdag. the question of whether a person has the right to vote is determined on the basis of an electoral roll drawn up prior to the election. part 4. constituencies art 5 the realm is divided up into constituencies for the purpose of elections to the riksdag. part 5. distribution of seats among constituencies art 6 of the seats in the riksdag, 310 are fixed constituency seats and 39 are adjustment seats. the fixed constituency seats are distributed among the constituencies on the basis of a calculation of the relationship between the number of persons entitled to vote in each constituency, and the total number of persons entitled to vote throughout the whole of the realm. the distribution of seats among the constituencies is determined for four years at a time. part 6. distribution of seats among parties art 7 the seats are distributed among parties. only parties which receive at least four per cent of the votes cast throughout the realm may share in the distribution of seats. a party receiving fewer votes, however, participates in the distribution of the fixed constituency seats in a constituency in which it receives at least twelve per cent of the votes cast. art 8 the fixed constituency seats in each constituency are distributed proportionately among the parties on the basis of the election result in that constituency. the adjustment seats are distributed among the parties in such a way that the distribution of all the seats in the riksdag, other than those fixed constituency seats which have been allocated to a party polling less than four per cent of the national vote, is in proportion to the total number of votes cast throughout the realm for the respective parties participating in the distribution of seats. if, in the distribution of the fixed constituency seats, a party obtains seats which exceed the number corresponding to the proportional representation of that party in the riksdag, then that party and the fixed constituency seats which it has obtained are disregarded in distributing the adjustment seats. the adjustment seats are allocated to constituencies after they have been distributed among the parties. the odd-number method is used to distribute the seats among the parties, with the first divisor adjusted to 1.4. art 9 one member is appointed for each seat a party obtains, together with an alternate for that member. part 7. electoral period art 10 each election is valid for the period from the date on which the newly-elected riksdag convenes to the date on which the riksdag elected next thereafter convenes. the newly-elected riksdag convenes on the fifteenth day following election day but no sooner than the fourth day after the result of the election has been declared. part 8. extraordinary elections art 11 the government may decide that an extraordinary election to the riksdag is to be held between ordinary elections. an extraordinary election is held within three months from the decision. after an election to the riksdag has been held, the government may not hold an extraordinary election until three months from the date on which the newly-elected riksdag first convened. neither may the government decide to hold an extraordinary election while ministers remain at their posts, after all have been formally discharged, pending assumption of office by a new government. rules concerning an extraordinary election in a particular case are laid down in chapter 6, article 5. part 9. appeals against election results art 12 appeals against elections to the riksdag shall be lodged with an election review board appointed by the riksdag. there is no right of appeal against a decision of the board. a person who has been elected a member of the riksdag exercises his or her mandate even if the election result has been appealed. if the result of the election is revised, a new member takes his or her seat immediately after the revised result has been declared. this applies in a similar manner to alternate members. the election review board consists of a chair, who is currently, or has been previously, a permanent salaried judge and who may not be a member of the riksdag, and six other members. the members are elected after each ordinary election, as soon as the result of the election becomes final, and serve until a new election for the board is held. the chair is elected separately. part 10. further rules art 13 further rules concerning matters under article 1, paragraph three and articles 3 to 12 and concerning the appointment of alternates for members of the riksdag are laid down in the riksdag act or elsewhere in law. chapter 4. the work of the riksdag part 1. riksdag session art 1 the riksdag convenes in session every year. sessions are held in stockholm, unless otherwise determined by the riksdag or the speaker, with regard to the liberty or safety of parliament. part 2. the speaker art 2 the riksdag elects a speaker and first, second, and third deputy speakers from among its members for each electoral period. part 3. riksdag committees art 3 the riksdag elects committees from among its members in accordance with rules laid down in the riksdag act. these shall include a committee on the constitution and a committee on finance. part 4. right to introduce proposals art 4 the government and every member of the riksdag has the right to introduce proposals on any matter coming within the jurisdiction of the riksdag, in accordance with provisions laid down in the riksdag act, unless otherwise provided in the present instrument of government. part 5. preparation of matters art 5 any matter raised by the government or by a member of the riksdag shall be prepared by a committee before it is settled, unless otherwise provided in the present instrument of government. part 6. settlement of matters art 6 when a matter comes up for decision in the chamber, every member of the riksdag and every minister has the right to speak in accordance with more detailed rules laid down in the riksdag act. rules concerning grounds for disqualification are also laid down in the riksdag act. art 7 when a vote is taken in the chamber, the opinion supported by more than half of those voting constitutes the decision of the riksdag, unless otherwise provided in the present instrument of government or, in the case of matters relating to riksdag procedure, in a principal provision of the riksdag act. rules concerning the procedure to be followed in the event of a tied vote are laid down in the riksdag act. part 7. follow-up and evaluation art 8 each committee follows up and evaluates decisions of the riksdag within the committee's subject area. part 8. openness in the chamber art 9 meetings of the chamber are open to the public. a meeting may, nevertheless, be held behind closed doors in accordance with rules laid down in the riksdag act. part 9. members' legal status art 10 members of the riksdag or alternates for such members may exercise their mandate as members notwithstanding any official duty or other similar obligation. art 11 members of the riksdag or alternates for such members may not resign their mandate without the riksdag's consent. where there are grounds, the election review board shall examine on its own initiative whether a particular member or an alternate is eligible under chapter 3, article 4, paragraph two. a person pronounced to be ineligible is thereby deprived of his or her mandate. members or alternates may be deprived of their mandate in cases other than cases under paragraph two only if they have proved themselves manifestly unfit to hold a mandate by reason of a criminal act. a decision in such a case shall be taken by a court of law. art 12 legal proceedings may not be initiated against a person who holds a mandate as a member of the riksdag, or who has held such a mandate, on account of a statement or an act made in the exercise of his or her mandate, unless the riksdag has given its consent thereto in a decision supported by at least five sixths of those voting. nor may such a person be deprived of his or her liberty, or restricted from travelling within the realm, on account of an act or statement made in the exercise of his or her mandate, unless the riksdag has given such consent thereto. if, in any other case, a member of the riksdag is suspected of having committed a criminal act, the relevant legal provisions concerning apprehension, arrest or detention are applied only if he or she admits guilt or was caught in the act, or the minimum penalty for the offence is imprisonment for two years. art 13 during such time as a member is acting as speaker of the riksdag or is a member of the government, his or her mandate as a member shall be exercised by an alternate. the riksdag may stipulate in the riksdag act that an alternate shall replace a member when he or she is on leave of absence. the rules laid down in articles 10 and 12, paragraph one also apply to the speaker and the speaker's mandate. the rules relating to a member of the riksdag apply also to an alternate exercising a mandate as a member. part 10. further rules art 14 further rules concerning the work of the riksdag are laid down in the riksdag act. chapter 5. the head of state art 1 chapter 1, article 5 states that the king or queen who occupies the throne of sweden in accordance with the act of succession is the head of state. art 2 only a person who is a swedish citizen and who has reached the age of eighteen may serve as head of state. the head of state may not at the same time be a minister, hold the office of speaker or serve as a member of the riksdag. art 3 the head of state shall be kept informed by the prime minister concerning the affairs of the realm. the government convenes as council of state under the chairmanship of the head of state when required. the head of state shall consult the prime minister before undertaking travel abroad. art 4 if the king or queen who is head of state is not in a position to perform his or her duties, the member of the royal house in line under the order of succession and able to do so shall assume and perform the duties of head of state in the capacity of regent ad interim. art 5 should the royal house become extinct, the riksdag elects a regent to perform the duties of head of state until further notice. the riksdag elects a deputy regent at the same time. the same applies if the king or queen who is head of state dies or abdicates and the heir to the throne has not yet reached the age of eighteen. art 6 if the king or queen who is head of state has been prevented for six consecutive months from performing his or her duties, or has failed to perform his or her duties, the government shall notify the matter to the riksdag. the riksdag decides whether the king or queen shall be deemed to have abdicated. art 7 the riksdag may elect a person to serve as regent ad interim under a government order when no one competent under article 4 or 5 is in a position to serve. the speaker, or, in his or her absence, one of the deputy speakers, serves as regent ad interim under a government order when no other competent person is in a position to serve. art 8 the king or queen who is head of state cannot be prosecuted for his or her actions. nor can a regent be prosecuted for his or her actions as head of state. chapter 6. the government part 1. composition of the government art 1 the government consists of the prime minister and other ministers. the prime minister is appointed in accordance with the rules laid down in articles 4 to 6. the prime minister appoints the other ministers. art 2 the ministers must be swedish citizens. a minister may not have any other employment. neither may he or she hold any appointment or engage in any activity which might impair public confidence in him or her. part 2. vote on the prime minister after an election art 3 no later than two weeks after it has convened, a newlyelected riksdag shall determine by means of a vote whether the prime minister has sufficient support in the riksdag. if more than half of the members of the riksdag vote no, the prime minister shall be discharged. no vote shall be held if the prime minister has already been discharged. part 3. formation of the government art 4 when a prime minister is to be appointed, the speaker summons for consultation representatives from each party group in the riksdag. the speaker confers with the deputy speakers before presenting a proposal to the riksdag. the riksdag shall vote on the proposal within four days, without prior preparation in committee. if more than half the members of the riksdag vote against the proposal, it is rejected. in any other case, it is adopted. art 5 if the riksdag rejects the speaker's proposal, the procedure laid down in article 4 is repeated. if the riksdag rejects the speaker's proposal four times, the procedure for appointing a prime minister is abandoned and resumed only after an election to the riksdag has been held. if no ordinary election is due in any case to be held within three months, an extraordinary election shall be held within the same space of time. art 6 when the riksdag has approved a proposal for a new prime minister, the prime minister shall inform the riksdag as soon as possible of the names of the ministers. government changes hands thereafter at a council of state before the head of state or, in his or her absence, before the speaker. the speaker is always summoned to attend such a council. the speaker issues a letter of appointment for the prime minister on the riksdag's behalf. part 4. discharge of the prime minister or a minister art 7 if the riksdag declares that the prime minister, or a member of his or her government, no longer has its confidence, the speaker shall discharge the minister concerned. however, if the government is in a position to order an extraordinary election to the riksdag and does so within one week from a declaration of no confidence, the minister shall not be discharged. rules concerning discharge of the prime minister following a vote on the prime minister after an election are laid down in article 3. art 8 a minister shall be discharged if he or she so requests; in such a case the prime minister is discharged by the speaker, and any other minister by the prime minister. the prime minister may also discharge any other minister in other circumstances. art 9 if the prime minister is discharged or dies, the speaker discharges the other ministers. part 5. deputy for the prime minister art 10 the prime minister may appoint one of the other ministers to deputise for him or her in case of absence. if no such deputy has been appointed, or if he or she is also unable to perform the duties of prime minister, these duties are assumed by the minister among those currently in office who has been a minister longest. when two or more ministers have been ministers for an equal period of time, the minister who is senior in age has precedence. part 6. caretaker government art 11 if all the members of the government have been discharged, they remain at their posts until a new government has assumed office. if a minister other than the prime minister has been discharged at his or her own request, he or she remains at his or her post until a successor has assumed office, should the prime minister so request. part 7. absence of the speaker art 12 in the absence of the speaker, a deputy speaker shall assume the duties of the speaker under the present chapter. chapter 7. the work of the government part 1. the government offices and their duties art 1 government offices shall exist for the preparation of government business and to assist the government and ministers in their other duties. the government offices include ministries for different areas of activity. the government divides business between ministries. the prime minister appoints the heads of the ministries from among the ministers. part 2. preparation of business art 2 in preparing government business the necessary information and opinions shall be obtained from the public authorities concerned. information and opinions shall be obtained from local authorities as necessary. organisations and individuals shall also be given an opportunity to express an opinion as necessary. art 3 government business is settled by the government at government meetings. government business relating to the implementation within the armed forces of statutes or special government decisions may however be approved by the head of the ministry responsible for such matters, under the supervision of the prime minister and to the extent laid down in law. art 4 the prime minister summons the other ministers to attend government meetings and presides at such meetings. a government meeting shall be attended by at least five members. art 5 at a government meeting, the head of a ministry presents business belonging to his or her ministry. the prime minister may, however, prescribe that a matter or group of matters belonging to a particular ministry shall be presented by a minister other than the head of the ministry concerned. part 3. records of meetings and dissenting opinions art 6 a record shall be kept of government meetings. dissenting opinions shall be entered in the record. art 7 statutes, proposals to the riksdag, and other government decisions to be dispatched are only valid when signed by the prime minister or another minister on behalf of the government. the government may, however, prescribe in an ordinance that an official may, in a particular case, sign a government decision to be dispatched. chapter 8. acts of law and other provisions part 1 art 1 provisions are adopted by the riksdag by means of an act of law and by the government by means of an ordinance. the riksdag or the government may also authorise other authorities besides the government and local authorities to adopt provisions. authorisation to adopt provisions shall always be laid down in an act of law or an ordinance. part 2. provisions adopted by means of an act of law art 2 provisions concerning the following shall be adopted by means of an act of law: the personal status or mutual personal and economic relations of individuals; relations between individuals and the public institutions which relate to the obligations of individuals, or which otherwise encroach on their personal or economic circumstances; principles governing the organisation and working procedures of local authorities and local taxation, as well as the competence of local authorities in other respects, and their responsibilities; religious communities and the principles on which the church of sweden as a religious community is based; the holding of a consultative referendum throughout the realm and the procedure for holding a referendum on a matter of fundamental law; and elections to the european parliament. it also follows from other rules laid down in the present instrument of government and other fundamental laws that provisions with a certain content shall be adopted by means of an act of law. part 3. provisions adopted by the government art 3 the riksdag may authorise the government to adopt provisions in accordance with article 2, paragraph one, points 2 and 3. the provisions may not, however, relate to: legal effects of criminal acts other than the imposition of fines; taxes other than customs duties on the importation of goods; or bankruptcy or enforcement. the riksdag may prescribe legal effects other than fines for contraventions of provisions laid down by the government in an act of law granting authority under paragraph one. art 4 the riksdag may authorise the government to adopt provisions in accordance with article 2, paragraph one, points 1 to 3, concerning the granting of respites for the meeting of obligations. art 5 in an act of law, the riksdag may authorise the government to adopt provisions on: when the act of law shall come into force; when parts of the law shall come into force or cease to apply; and application of the law in relation to another country or an intergovernmental organisation. art 6 provisions adopted by the government by virtue of authorisation under the present instrument of government shall be submitted to the riksdag for examination, should the riksdag so decide. art 7 in addition to what follows from articles 3 to 5, the government may adopt: provisions relating to the implementation of laws; and provisions which do not require adoption by the riksdag under fundamental law. the government may not by virtue of paragraph one adopt provisions which relate to the riksdag or authorities under the riksdag. nor may the government by virtue of paragraph one, point 2, adopt provisions which relate to local taxation. art 8 the powers conferred on the government to adopt provisions in a particular matter do not preclude the riksdag from adopting provisions in the same matter in an act of law. part 4. provisions adopted by bodies other than the riksdag and the government art 9 the riksdag may authorise a local authority to adopt provisions in accordance with article 2, paragraph one, point 2 if the provisions concern: charges; or taxes designed to regulate traffic conditions in the local authority. art 10 where, under the present chapter, the riksdag authorises the government to adopt provisions in a particular matter, the riksdag may also authorise the government to delegate the power to adopt regulations in the matter to an administrative authority or a local authority. art 11 the government may authorise an authority under the government or an authority under the riksdag to adopt provisions in accordance with article 7. such an authorisation to an authority under the riksdag may not, however, relate to the internal affairs of the riksdag or its authorities. art 12 provisions adopted by an authority under the government by virtue of an authorisation in accordance with article 10 or 11 shall be submitted to the government for examination, should the government so decide. art 13 the riksdag may direct the riksbank in an act of law to adopt provisions coming within its remit under chapter 9 and concerning its duty to promote a secure and efficient payments system. the riksdag may authorise an authority under the riksdag to adopt provisions that relate to the internal affairs of the riksdag or its authorities. part 5. enactment of fundamental law and the riksdag act art 14 fundamental law is enacted by means of two decisions of identical wording. with the first decision, the proposal for the enactment of fundamental law is adopted as being held in abeyance. the second decision may not be taken until elections to the riksdag have been held throughout the realm following the first decision, and the newly-elected riksdag has convened. at least nine months shall elapse between the first submission of the matter to the chamber of the riksdag and the date of the election, unless the committee on the constitution grants an exception. such a decision is to be taken no later than the committee stage, and at least five sixths of the members must vote in favour of the decision. art 15 the riksdag may not adopt as a decision held in abeyance over an election a proposal for the enactment of fundamental law which conflicts with any other proposal concerning fundamental law currently being held in abeyance, unless at the same time it rejects the proposal first adopted. art 16 a referendum shall be held on a proposal concerning fundamental law which is held in abeyance over an election, on a motion to this effect by at least one tenth of the members, provided at least one third of the members vote in favour of the motion. such a motion must be put forward within fifteen days from the date on which the riksdag adopted the proposal to be held in abeyance. the motion shall not be referred for preparation in committee. the referendum shall be held simultaneously with the election referred to in article 14. in the referendum, all those entitled to vote in the election are entitled to state whether or not they accept the proposal on fundamental law which is being held in abeyance. the proposal is rejected if a majority of those taking part in the referendum vote against it, and if the number of those voting against exceeds half the number of those who registered a valid vote in the election. in other cases the proposal goes forward to the riksdag for final consideration. art 17 the riksdag act is enacted as prescribed in article 14, sentences one to three, and article 15. it may also be enacted by means of a single decision, provided at least three fourths of those voting and more than half the members of the riksdag vote in favour of the decision. supplementary provisions of the riksdag act are however adopted in the same manner as ordinary law. the provisions of paragraph one also apply to the adoption of an act of law under article 2, paragraph one, point 4. part 6. amendment or abrogation of a law art 18 no law may be amended or abrogated other than by an act of law. articles 14 to 17 apply with respect to amendment or abrogation of fundamental law or of the riksdag act. article 17, paragraph one is applied in the case of amendment or abrogation of an act of law under article 2, paragraph one, point 4. part 7. promulgation and publication of provisions art 19 an act of law which has been adopted shall be promulgated by the government as soon as possible. an act of law containing provisions relating to the riksdag or authorities under the riksdag which is not to be incorporated in fundamental law or in the riksdag act, may however be promulgated by the riksdag. acts of law shall be published as soon as possible. the same applies to ordinances, unless otherwise laid down in law. part 8. council on legislation art 20 there shall be a council on legislation which includes justices, or, where necessary, former justices of the supreme court and the supreme administrative court, to pronounce an opinion on draft legislation. more detailed rules concerning the composition and working procedures of the council on legislation are laid down in law. art 21 the opinion of the council on legislation is obtained by the government or, under more detailed rules laid down in the riksdag act, by a committee of the riksdag. the opinion of the council on legislation should be obtained before the riksdag takes a decision on: fundamental law relating to the freedom of the press or the corresponding freedom of expression on sound radio, television and certain similar transmissions, public performances taken from a database and technical recordings; an act of law limiting the right of access to official documents; an act of law under chapter 2, articles 14 to 16, 20, or 25; an act of law relating to the fully or partially automatic processing of personal data; an act of law relating to local taxation or an act of law involving the obligations of local authorities; an act of law under article 2, paragraph one, points 1 or 2 or an act of law under chapter 11 or 12; or an act of law amending or abrogating an act of law under articles 1 to 6. the provisions under paragraph two do not however apply if the council on legislation's examination would lack significance due to the nature of the matter, or would delay the handling of legislation in such a way that serious detriment would result. if the government submits a proposal to the riksdag for the adoption of an act of law in any matter referred to in paragraph two, and there has been no prior consultation of the council on legislation, the government shall at the same time inform the riksdag of the reason for the omission. failure to obtain the opinion of the council on legislation on a draft law never constitutes an obstacle to application of the law. the council shall examine: the manner in which the draft law relates to the fundamental laws and the legal system in general; the manner in which the various provisions of the draft law relate to one another; the manner in which the draft law relates to the requirements of the rule of law; whether the draft law is so framed that the resulting act of law may be expected to satisfy the stated purposes of the proposed law; and any problems that may arise in applying the act of law. chapter 9. financial power part 1. decisions concerning state revenue and expenditure art 1 the riksdag determines taxes and charges due the state, and approves the national budget. part 2. draft national budget art 2 the government submits a budget bill to the riksdag. part 3. decisions concerning the national budget art 3 the riksdag approves a national budget for the following budget year or, if special reasons so warrant, for some other budgetary period. in this connection, the riksdag determines estimates of state revenue and appropriations for specific purposes. the riksdag may decide that a particular appropriation shall be made for a period other than the budgetary period. the riksdag may decide that state revenue may be used for specific purposes by means other than a decision concerning an appropriation. art 4 during the budgetary period, the riksdag may decide to revise its state revenue estimates, alter appropriations already approved, or approve new appropriations. art 5 if the national budget is not approved before the start of the budgetary period, the riksdag makes appropriations as required to cover the period until a budget is adopted. the riksdag may authorise the committee on finance to make such a decision on behalf of the riksdag. if, under paragraph one, the riksdag has not approved appropriations for a specific purpose, the most recent national budget, with amendments consistent with other decisions made by the riksdag, shall apply until these appropriations have been approved. part 4. guideline decisions art 6 the riksdag may determine guidelines for activities of the state also covering a period exceeding the forthcoming budgetary period. part 5. use of appropriations and revenue art 7 appropriations and revenue may not be used in ways not approved by the riksdag. part 6. state assets and obligations art 8 state assets are at the disposal of and administered by the government, in so far as these are not intended for authorities under the riksdag, or have been set aside in law for special administration. the government may not take up loans or otherwise assume financial obligations on behalf of the state unless authorised by the riksdag. art 9 the riksdag decides the principles for the administration and disposition of state assets. the riksdag may also decide that measures of a particular nature may not be taken without its consent. part 7. state annual report art 10 after the end of the budgetary period, the government submits an annual report for the state to the riksdag. part 8. further provisions concerning the national budget art 11 further provisions concerning the competence and responsibilities of the riksdag and the government in respect of the national budget are laid down in the riksdag act and separate legislation. part 9. currency policy art 12 the government is responsible for general currency policy matters. other provisions concerning currency policy are laid down in law. part 10. the riksbank art 13 the riksbank is the central bank of the realm and an authority under the riksdag. the riksbank is responsible for monetary policy. no public authority may determine how the riksbank shall decide in matters of monetary policy. the riksbank has a general council comprising eleven members, who are elected by the riksdag. the riksbank is under the direction of an executive board appointed by the general council. the riksdag examines whether the members of the general council and the executive board shall be granted discharge from liability. if the riksdag refuses a member of the general council discharge from liability he or she is thus severed from his or her appointment. the general council may only dismiss a member of the executive board if he or she no longer fulfils the requirements laid down for the performance of his or her duties, or is guilty of gross negligence. provisions concerning elections to the general council and concerning the management and activities of the riksbank are laid down in law. art 14 the riksbank alone has the right to issue banknotes and coins. further provisions concerning the monetary and payments systems are laid down in law. chapter 10. international relations part 1. government's authority to conclude international agreements art 1 agreements with other states or with international organisations are concluded by the government. art 2 the government may instruct an administrative authority to conclude an international agreement in a matter in which the agreement does not require the participation of the riksdag or the advisory council on foreign affairs. part 2. riksdag approval of international agreements art 3 the riksdag's approval is required before the government concludes an international agreement which is binding upon the realm: if the agreement requires the amendment or abrogation of an act of law or the enactment of a new act of law; or if it otherwise concerns a matter to be decided by the riksdag. if, in a case under paragraph one, points 1 or 2, a special procedure has been prescribed for the required riksdag decision, the same procedure shall be applied in approving the agreement. the riksdag's approval is also required in cases other those under paragraph one, before the government concludes an international agreement which is binding upon the realm, if the agreement is of major significance. the government may however act without obtaining the riksdag's approval if the interests of the realm so require. in such a case the government shall instead confer with the advisory council on foreign affairs before concluding the agreement. art 4 the riksdag may approve an agreement under article 3 which is concluded within the framework of european union cooperation, even if the agreement does not exist in final form. part 3. other international obligations and denunciation art 5 the rules laid down in articles 1 to 4 apply in a similar manner to the commitment of the realm to an international obligation in a form other than an agreement, and to the denunciation of an international agreement or obligation. part 4. transfer of decision-making authority within the framework of european union cooperation art 6 within the framework of european union cooperation, the riksdag may transfer decision-making authority which does not affect the basic principles by which sweden is governed. such transfer presupposes that protection for rights and freedoms in the field of cooperation to which the transfer relates corresponds to that afforded under this instrument of government and the european convention for the protection of human rights and fundamental freedoms. the riksdag may approve a transfer of authority, provided at least three fourths of those voting and more than half the members of the riksdag vote in favour of the decision. the riksdag's decision may also be taken in accordance with the procedure prescribed for the enactment of fundamental law. such a transfer cannot be decided until the riksdag has approved the agreement under article 3. part 5. transfer of decision-making authority outside the framework of european union cooperation art 7 decision-making authority which is directly based on the present instrument of government and which relates to the laying down of provisions, the use of assets of the state, tasks connected with judicial or administrative functions, or the conclusion or denunciation of an international agreement or obligation may, in cases other than those under article 6, be transferred to a limited extent, to an international organisation for peaceful cooperation of which sweden is a member, or is about to become a member, or to an international court of law. decision-making authority relating to matters concerning the enactment, amendment or abrogation of fundamental law, the riksdag act or a law on elections to the riksdag, or relating to the restriction of any of the rights and freedoms referred to in chapter 2 may not transferred under paragraph one. a riksdag decision in the matter of such transfer is taken in accordance with the procedure laid down in article 6, paragraph two. art 8 any judicial or administrative function not directly based on this instrument of government may be transferred, in cases other than those under article 6, to another state, international organisation, or foreign or international institution or community by means of a decision of the riksdag. the riksdag may authorise the government or other public authority in law to approve such transfer of functions in particular cases. where the function concerned involves the exercise of public authority, the riksdag's decision in the matter of such transfer or authorisation is taken in accordance with the procedure laid down in article 6, paragraph two. part 6. future amendment of international agreements art 9 if it has been laid down in law that an international agreement shall have validity as swedish law, the riksdag may prescribe that any future amendment which is binding upon the realm shall also have validity as swedish law. such a decision relates only to a future amendment of limited extent. the decision is taken in accordance with the procedure laid down in article 6, paragraph two. right of the riksdag to information and consultation on european union cooperation art 10 the government shall keep the riksdag continuously informed and consult bodies appointed by the riksdag concerning developments within the framework of european union cooperation. more detailed rules concerning the obligation to inform and consult are laid down in the riksdag act. part 7. the advisory council on foreign affairs art 11 the government shall keep the advisory council on foreign affairs continuously informed of those matters relating to foreign relations which may be of significance for the realm, and shall confer with the council concerning these matters as necessary. in all foreign policy matters of major significance, the government shall confer with the council, if possible, before making its decision. art 12 the advisory council on foreign affairs consists of the speaker and nine other members elected by the riksdag from among its members. more detailed rules concerning the composition of the council are laid down in the riksdag act. the advisory council on foreign affairs is convened by the government. the government is obliged to convene the council if at least four members of the council request consultations on a particular matter. meetings of the council are presided over by the head of state or, in his or her absence, by the prime minister. a member of the advisory council on foreign affairs and any person otherwise associated with the council shall exercise caution in communicating to others matters which have come to his or her knowledge in this capacity. the person presiding over a meeting of the council may rule that a duty of confidentiality shall apply unconditionally. part 8. obligation of state authorities to provide information art 13 the head of the ministry responsible for foreign affairs shall be kept informed whenever a matter arises at another state authority which has significance for relations with another state or an international organisation. art 14 the provisions laid down in chapter 2, article 7, chapter 4, article 12, chapter 5, article 8, chapter 11, article 8 and chapter 13, article 3 do not prevent sweden from fulfilling its commitments under the rome statute for the international criminal court or in relation to other international criminal courts. chapter 11. administration of justice part 1. courts of law art 1 the supreme court, the courts of appeal and the district courts are courts of general jurisdiction. the supreme administrative court, the administrative courts of appeal and the administrative courts are general administrative courts. the right to have a case tried by the supreme court, supreme administrative court, court of appeal or administrative court of appeal may be restricted in law. other courts are established in accordance with law. provisions prohibiting the establishment of a court of law in particular cases are laid down in chapter 2, article 11, paragraph one. a person may serve as a member of the supreme court or the supreme administrative court only if he or she holds currently, or has held previously, an appointment as a permanent salaried justice. permanent salaried judges serve at other courts. exceptions to this rule in respect of courts established to try a specific group or specific groups of cases may however be laid down in law. art 2 rules concerning the judicial tasks of the courts, the main features of their organisation and legal proceedings in respects other than those covered in this instrument of government are laid down in law. part 2. independent administration of justice art 3 neither the riksdag, nor a public authority, may determine how a court of law shall adjudicate an individual case or otherwise apply a rule of law in a particular case. nor may any other public authority determine how judicial responsibilities shall be distributed among individual judges. art 4 no judicial function may be performed by the riksdag except to the extent laid down in fundamental law or the riksdag act. art 5 a legal dispute between individuals may not be settled by an authority other than a court of law except in accordance with law. part 3. appointment of permanent salaried judges art 6 permanent salaried judges are appointed by the government. when appointments are made, only objective factors, such as merit and competence, shall be taken into account. provisions concerning the grounds for the procedure for appointing permanent salaried judges are laid down in law. part 4. legal status of permanent salaried judges art 7 a person who has been appointed a permanent salaried judge may be removed from office only if: he or she has shown himself or herself through a criminal act or through gross or repeated neglect of his or her official duties to be manifestly unfit to hold the office; or he or she has reached the applicable retirement age or is otherwise obliged by law to resign on grounds of protracted loss of working capacity. if organisational considerations so dictate, a person who has been appointed a permanent salaried judge may be transferred to another judicial office of equal status. art 8 legal proceedings regarding a criminal act committed in the performance of an appointment as a member of the supreme court or the supreme administrative court are instituted in the supreme court. the supreme administrative court examines whether a member of the supreme court shall be removed or suspended from duty or obliged to undergo medical examination. if such proceedings concern a member of the supreme administrative court, the matter is examined by the supreme court. proceedings according to paragraphs one and two are initiated by the parliamentary ombudsmen or the chancellor of justice. art 9 if a permanent salaried judge has been removed from office by means of a decision of a public authority other than a court of law it shall be possible for him or her to call for the decision to be examined before a court of law. a court conducting such an examination shall include a permanent salaried judge. the same applies to any decision as a result of which a permanent salaried judge is suspended from duty, ordered to undergo examination by a medical practitioner or subject to a disciplinary sanction. art 10 basic provisions concerning the legal status of permanent salaried judges in other respects are laid down in law. part 5. citizenship requirement art 11 only a swedish citizen may be a permanent salaried judge. swedish nationality may otherwise be stipulated as a condition of eligibility to perform judicial functions only with support in law or in accordance with conditions laid down in law. part 6. other employees at courts of law art 12 chapter 12, articles 5 to 7 apply to other employees at courts of law. part 7. re-opening of closed cases and restoration of lapsed time art 13 re-opening of closed cases and restoration of lapsed time are granted by the supreme administrative court or, inasmuch as this has been laid down in law, by an inferior administrative court if the case concerns a matter in respect of which the government, an administrative court or an administrative authority is the highest instance. in all other cases, re-opening of a closed case or restoration of lapsed time is granted by the supreme court or, inasmuch as this has been laid down in law, by another court of law which is not an administrative court. more detailed rules concerning the re-opening of closed cases and restoration of lapsed time may be laid down in law. part 8. judicial review art 14 if a court finds that a provision conflicts with a rule of fundamental law or other superior statute, the provision shall not be applied. the same applies if a procedure laid down in law has been disregarded in any important respect when the provision was made. in the case of review of an act of law under paragraph one, particular attention must be paid to the fact that the riksdag is the foremost representative of the people and that fundamental law takes precedence over other law. chapter 12. administration part 1. organisation of state administration art 1 the chancellor of justice and other state administrative authorities come under the government, unless they are authorities under the riksdag according to the present instrument of government or by virtue of other law. part 2. independence of administration art 2 no public authority, including the riksdag, or decisionmaking body of any local authority, may determine how an administrative authority shall decide in a particular case relating to the exercise of public authority vis-a-vis an individual or a local authority, or relating to the application of law. art 3 no administrative function may be performed by the riksdag except inasmuch as this follows from fundamental law or from the riksdag act. part 3. delegation of administrative functions art 4 administrative functions may be delegated to local authorities. administrative functions may also be delegated to other legal entities or to individuals. if such a function involves the exercise of public authority, it may only be delegated in accordance with law. special provisions on state employees art 5 appointments to posts at administrative authorities coming under the government are made by the government or by a public authority designated by the government. when making appointments to posts within the state administration, only objective factors, such as merit and competence, shall be taken into account. art 6 only a swedish citizen may hold an appointment as parliamentary ombudsman or auditor general. this also applies to the chancellor of justice. swedish nationality may otherwise be stipulated as a condition of eligibility to hold an office or appointment under the state or under a local authority only with support in law or in accordance with conditions laid down in law. art 7 basic rules concerning the legal status of state employees in respects other than those covered in this instrument of government are laid down in law. part 4. dispensation and clemency art 8 the government may approve exemption from provisions of ordinances, or from provisions adopted in accordance with a government decision, unless otherwise provided in an act of law or in a decision concerning a budget appropriation. art 9 the government may, by exercising clemency, remit or reduce a penal sanction or other legal effect of a criminal act, and remit or reduce any other similar intervention by a public authority concerning the person or property of an individual. where exceptional grounds exist, the government may decide that no further action shall be taken to investigate or prosecute a criminal act. part 5. judicial review art 10 if a public body finds that a provision conflicts with a rule of fundamental law or other superior statute, or finds that a procedure laid down in law has been disregarded in any important respect when the provision was made, the provision shall not be applied. in the case of review of an act of law under paragraph one, particular attention must be paid to the fact that the riksdag is the foremost representative of the people and that fundamental law takes precedence over other law. chapter 13. parliamentary control part 1. examination by the committee on the constitution art 1 the committee on the constitution shall examine ministers' performance of their official duties and the handling of government business. for its examination, the committee is entitled to have access to the records of decisions taken in government matters and to the documents pertaining to such matters, as well as any other government documents that the committee deems necessary for its examination. another riksdag committee or a member of the riksdag is entitled to raise in writing with the committee on the constitution any issue relating to a minister's performance of his or her official duties or the handling of government business. art 2 where warranted, but at least once a year, the committee on the constitution shall communicate to the riksdag any observations it has found worthy of attention in connection with its examination. the riksdag may make a formal statement to the government as a consequence of this. part 2. prosecution of minister art 3 a person who is currently, or who has been previously, a minister may only be held accountable for a criminal act committed in the performance of his or her ministerial duties only if he or she has grossly neglected his or her official duty by committing the criminal act. a decision to institute criminal proceedings shall be taken by the committee on the constitution and the case tried before the supreme court. part 3. declaration of no confidence art 4 the riksdag may declare that a minister no longer has the confidence of the riksdag. a motion calling for such a declaration of no confidence shall be raised by at least one tenth of the members of the riksdag in order to be taken up for consideration. a declaration of no confidence requires the vote of more than half of the members of the riksdag. a motion calling for a declaration of no confidence shall not be taken up for consideration if raised on a date between the holding of an ordinary election or the announcement of a decision to call an extraordinary election and the date on which the riksdag elected in such an election convenes. a motion relating to a minister who has remained at his or her post, under chapter 6, article 11, after having been formally discharged, may not in any circumstances be taken up for consideration. a motion calling for a declaration of no confidence shall not be prepared in committee. part 4. interpellations and questions art 5 any member of the riksdag may submit interpellations or questions to a minister on matters concerning the minister's performance of his or her official duties in accordance with the more detailed rules laid down in the riksdag act. part 5. parliamentary ombudsmen art 6 the riksdag elects one or more parliamentary ombudsmen who shall supervise the application of laws and other regulations in public activities, under terms of reference drawn up by the riksdag. an ombudsman may institute legal proceedings in the cases indicated in these terms of reference. courts of law, administrative authorities and state or local government employees shall provide an ombudsman with such information and opinions as he or she may request. other persons coming under the supervision of the ombudsman have a similar obligation. an ombudsman has the right to access the records and other documents of courts of law and administrative authorities. a public prosecutor shall assist an ombudsman if so requested. more detailed provisions concerning the ombudsmen are laid down in the riksdag act and elsewhere in law. part 6. the national audit office art 7 the national audit office is an authority under the riksdag whose function is to examine the activities of the state. provisions stating that the national audit office's audit may extend also to activities other than activities of the state are laid down in law. art 8 the national audit office is under the direction of three auditors general, who are elected by the riksdag. the riksdag may remove an auditor general from office only provided the auditor general no longer fulfils the requirements for the office or has been guilty of gross negligence. the auditors general decide independently, having regard to the rules laid down in law, what activities shall be audited. they determine separately and independently how their audit shall be carried out and formulate their own conclusions on the basis of their audit. art 9 further provisions concerning the national audit office are laid down in the riksdag act and elsewhere in law. chapter 14. local authorities art 1 sweden has municipalities and county councils. decision-making powers in these local authorities are exercised by elected assemblies. art 2 the local authorities are responsible for local and regional matters of public interest on the principle of local selfgovernment. more detailed rules on this are laid down in law. by the same principle, the local authorities are also responsible for other matters laid down in law. art 3 any restriction in local self-government should not exceed what is necessary with regard to the purpose of the restriction. art 4 the local authorities may levy tax for the management of their affairs. art 5 according to law, local authorities may be obliged to contribute to costs incurred by other local authorities if necessary to achieve an equal financial base. art 6 regulations regarding grounds for changes in the division of the realm into local authorities are laid down in law. chapter 15. war and danger of war part 1. summoning the riksdag art 1 if the realm finds itself at war or is exposed to the danger of war, the government or the speaker shall convene a meeting of the riksdag. whoever issues the notice convening the meeting may decide that the riksdag shall convene at some place other than stockholm. part 2. war delegation art 2 if the realm is at war or exposed to the danger of war, a war delegation appointed from among the members of the riksdag shall replace the riksdag if circumstances so warrant. if the realm is at war, the decision instructing the war delegation to replace the riksdag shall be announced by the members of the advisory council on foreign affairs in accordance with more detailed rules laid down in the riksdag act. if possible, the prime minister shall be consulted before the decision is announced. if war conditions prevent the council from convening, the decision is announced by the government. if the realm is exposed to the danger of war, the aforementioned decision is announced by the members of the advisory council on foreign affairs and the prime minister acting jointly. such a decision requires the vote of the prime minister and six members of the council for it to be valid. the war delegation and the government may decide, either jointly or separately, that the riksdag shall resume its powers. the decision shall be taken as soon as circumstances so warrant. rules concerning the composition of the war delegation are laid down in the riksdag act. art 3 while the war delegation is acting in place of the riksdag, it exercises the powers of the riksdag. it may not however take decisions under article 11, paragraph one, sentence one, or paragraph two or four. the war delegation determines its own working procedures. part 3. forming a government and determining its working procedures art 4 if the realm is at war, and if, as a consequence of this, the government is unable to carry out its duties, the riksdag may decide on the formation of a government and determine its working procedures. part 4. powers of the government art 5 if the realm is at war, and if, as a consequence of this, neither the riksdag nor the war delegation is able to carry out its duties, the government shall assume its powers to the extent necessary to protect the realm and bring hostilities to a close. paragraph one does not empower the government to enact, amend, or abrogate a fundamental law, the riksdag act, or a law on elections to the riksdag. art 6 if the realm is at war or exposed to the danger of war, or if such exceptional conditions prevail as result from war, or the danger of war to which the realm has been exposed, the government may, with authority in law, adopt by means of an ordinance provisions in a particular matter which shall otherwise, under provisions of fundamental law, be laid down in an act of law. if necessary in any other case having regard to defence preparedness, the government may, with authority in law, determine by means of an ordinance that any provisions laid down in law which relate to requisition or other such disposition shall be brought into force or cease to apply. in an act of law granting such authority, the conditions under which this authority may be invoked shall be strictly stipulated. such authority shall not empower the government to enact, amend, or abrogate a fundamental law, the riksdag act or a law on elections to the riksdag. part 5. limitations of rights and freedoms art 7 if the realm is at war or exposed to the immediate danger of war, the provisions of chapter 2, article 22, paragraph one, shall not apply. the same is true in any other circumstances in which the war delegation is acting in place of the riksdag. part 6. powers of public authorities other than the riksdag art 8 if the realm is at war or exposed to the immediate danger of war, the government may, with authority from the riksdag, determine that a task that is to be performed by the government in accordance with fundamental law shall instead be performed by some other public authority. such authority may not extend to any powers under article 5 or 6, unless the matter relates solely to a decision that a law concerning a particular matter shall come into force. part 7. decision-making under occupation art 9 neither the riksdag nor the government may make decisions in occupied territory. nor may any powers vested in a person in his or her capacity as a member of the riksdag or as a minister be exercised in such territory. any public body in occupied territory shall act in the manner that best serves the defence effort and resistance activities, as well as the protection of the civilian population and swedish interests in general. in no circumstances may a public body make any decision or take any action which, in contravention of international law, obliges a citizen of the realm to render assistance to the occupying power. elections to the riksdag or decision-making local government assemblies shall not be held in occupied territory. part 8. head of state art 10 if the realm is at war, the head of state should accompany the government. if in occupied territory or separated from the government, the head of state shall be considered unable to carry out his or her duties as head of state. part 9. elections to the riksdag art 11 if the realm is at war, elections to the riksdag may be held only if the riksdag so determines. if the realm is exposed to the danger of war when an ordinary election is due to be held, the riksdag may decide to defer the election. such a decision shall be reviewed within one year and at intervals of no more than one year thereafter. a decision under this paragraph is valid only if at least three fourths of the members of the riksdag vote in favour of it. if any part of the realm is occupied when an election is due to be held, the riksdag shall approve any necessary modification of the rules laid down in chapter 3. no exceptions may however be made from chapter 3, articles 1, 4, 5, 7 to 9 or 12. any reference to the realm in chapter 3, article 5, 7, paragraph two; or article 8, paragraph two, shall apply instead to that part of the realm for which the election is to be held. at least one tenth of the total number of seats shall be adjustment seats. an ordinary election which is not held at the time prescribed, in consequence of paragraph one, shall be held as soon as possible after the war ends or the danger of war has passed. the government and the speaker, jointly or separately, shall ensure that the necessary steps are taken. if, in consequence of this article, an ordinary election has been held at a time other than the time at which it would normally have been held, the riksdag shall set the date of the next ordinary election for that month in the fourth or fifth year following the first-named election in which an ordinary election is due to be held under the riksdag act. part 10. decision-making powers of local authorities art 12 if the realm is at war or exposed to the danger of war, or if such exceptional conditions prevail as result from the war or the danger of war to which the realm has been exposed, the decision-making powers of local authorities shall be exercised as laid down in law. part 11. defence of the realm art 13 the government may deploy the armed forces of the realm in accordance with international law to meet an armed attack against the realm or to prevent a violation of its territory. the government may instruct the armed forces to use force in accordance with international law to prevent a violation of swedish territory in peace or during a war between foreign states. part 12. declaration of war art 14 the government may not declare war without the consent of the riksdag except in the case of an armed attack on the realm. part 13. cessation of hostilities art 15 the government may enter into an agreement on a cessation of hostilities without requesting the approval of the riksdag and without consulting the advisory committee on foreign affairs, provided that deferment of such an agreement would endanger the realm. part 14. deployment of armed forces art 16 the government may send swedish armed forces to other countries or otherwise deploy such forces in order to fulfil an international obligation approved by the riksdag. swedish armed forces may also be sent to other countries or be deployed if: it is permitted by an act of law setting out the conditions for such action; or the riksdag permits such action in a special case. transitional provisions part 1. transitional provisions 1974 this instrument of government supersedes the previous instrument of government. with the exceptions given below, the previous instrument of government shall however apply in place of the new instrument of government until the end of the calendar year in which the riksdag adopts definitively the new instrument of government and, in the cases below, also thereafter. older statute or provisions shall continue to apply, notwithstanding that they have not been enacted in the manner laid down in this instrument of government. authority granted under a joint decision of the king and the riksdag, or the riksdag acting alone, may be exercised even after the time appointed under point 1 above, until such time as the riksdag determines otherwise. the rules of chapter 8, article 17 of this instrument of government shall apply in respect of older statute adopted by joint decision of the king and the riksdag, or by a decision of the riksdag acting alone. rules of older law or other statute which refer to the king or the king in council shall apply to the government ... unless it follows from a statute, or is otherwise apparent from the circumstances, that the reference is to the king in person, the supreme court, the supreme administrative court, or an administrative court of appeal. provisions which under older law or other statute shall be determined by joint decision of the king and the riksdag shall be determined instead in an act of law. should an act of law or other statute contain a reference or allusion to a provision which has been superseded by a rule of this instrument of government, the new rule shall apply instead. this instrument of government in no way alters the provisions laid down in article 2 of the previous instrument of government. part 2. transitional provisions relating to 1976 amendments the changes in the instrument of government come into force on 1 january 1977. the provisions of chapter 2, article 16, notwithstanding, older provisions purporting at unfavourable treatment on grounds of gender shall continue to apply for the time being. such provisions may be amended, even if the amendment is to the effect that such unfavourable treatment shall be upheld. the provisions of chapter 2, article 1, point 3, and article 14, paragraph one, notwithstanding, it may be laid down in law that films and video recordings shall not be shown in public without prior approval. it may also been laid down in law that public playback of moving pictures from a database may not take place unless the pictures have previously been approved for such playback. older statute or provisions shall continue to apply, notwithstanding that they have not been enacted in the manner laid down in the instrument of government in its new wording. part 3. transitional provisions relating to 1979 amendments the changes in the instrument of government come into force on 1 january 1980. older provisions relating to taxes or charges shall continue to apply, the provisions of chapter 2, article 10, paragraph two, notwithstanding. part 4. transitional provisions relating to 2010 amendments this act of law comes into force on 1 january 2011. the provisions of chapter 2, article 6, paragraph 2 notwithstanding, older provisions purporting at significant invasions of personal privacy shall continue to apply until no longer than 31 december 2015. until this date, such provisions may be amended, even if the amendment is to the effect that such invasions shall be upheld. the provisions of chapter 2, article 12 notwithstanding, older provisions purporting at unfavourable treatment on account of sexual orientation shall continue to apply for the time being. such provisions may be amended, even if the amendment is to the effect that such unfavourable treatment shall be upheld. the provisions of chapter 11, article 3 notwithstanding, older provisions purporting at distribution of judicial responsibilities among individual judges shall continue to apply for the time being. older provisions or powers shall continue to apply, notwithstanding that they have not been enacted in the manner laid down in this instrument of government in its new wording. if an act of law or other statute refers to a provision which has been replaced by a rule in the instrument of government in its new wording, the new rule shall instead be applied. the act of succession we carl, by the grace of god, king of sweden, the goths, and the wends, &c., &c., &c., heir to norway, duke of schleswig holstein, stormarn and ditmarsen, count of oldenburg and delmenhorst, &c., &c., hereby make known that we, after the unanimous acceptance and confirmation by the estates of the realm of the act of succession according to which the male heirs begotten by his noble-born highness, the elected crown prince of sweden, his royal highness prince johan baptist julius shall have the right to the throne of sweden and to accede to the government of sweden, and after the submission of this fundamental law for our gracious approval, by virtue of the right accruing to us according to article 85 of the instrument of government, adopt, accept and confirm this act of succession approved by the estates of the realm exactly as follows word for word: act of succession according to which the male heirs begotten by his noble-born highness, the elected crown prince of sweden, his royal highness prince johan baptist julius of ponte-corvo, shall have the right to the royal throne of sweden and to accede to the government of sweden; adopted and confirmed by the king and the estates of the realm at the extraordinary session of the riksdag in ã�rebro on september 26, 1810. we, the undersigned estates of the realm of sweden, counts, barons, bishops, knights, and nobility, clergy, burghers and peasants, now convened in extraordinary general session of the riksdag here in ã�rebro, hereby make known that, with the decease, without male heirs begotten by him, of his noble-born highness, the elected crown prince of sweden, his royal highness prince carl august, and by our choice, as evidenced by the act of agreement and election of august 21, 1810, of his noble-born highness, prince johan baptist julius of ponte-corvo, as crown prince of sweden, to succeed to the government of sweden and its subordinate provinces his royal majesty, our present most gracious king and lord, carl xiii, after his death (be it long deferred by the grace of god almighty) to be crowned and hailed as king of sweden, and to govern the realm, on the conditions specified in the above named act of agreement and election as well as in the royal oath to be made, as required by us, by his noble-born highness, we have this day determined and confirmed for the legitimate direct male heirs of his royal highness johan baptist julius, prince of ponte-corvo, the following order of succession to the crown and government of sweden, applicable in the manner and on the conditions expressly set forth below. the right of succession to the throne of sweden is vested in the male and female descendants of king carl xvi gustaf, crown prince johan baptist julii, later king karl xiv johan's, issue in direct line of descent. in this connection, older siblings and their descendants have precedence over younger siblings and their descendants. the provisions of this act of succession relating to the king shall relate to the queen if the queen is head of state. repealed. in accordance with the express provision of article 2 of the instrument of government of 1809 that the king shall always profess the pure evangelical faith, as adopted and explained in the unaltered confession of augsburg and in the resolution of the uppsala meeting of the year 1593, princes and princesses of the royal house shall be brought up in that same faith and within the realm. any member of the royal family not professing this faith shall be excluded from all rights of succession. a prince or princess of the royal house may not marry unless the government has given its consent thereto upon an application from the king. should a prince or princess marry without such consent, that prince or princess forfeits the right of succession for himself, his children and their descendants. repealed. the heir to the throne may not undertake travel abroad without the knowledge and consent of the king. a prince or princess of the swedish royal house may not become the sovereign ruler of a foreign state whether by election, succession, or marriage without the consent of the king and the riksdag. should this occur, neither he nor she nor their descendants shall be entitled to succeed to the throne of sweden. repealed. in witness of the fact that all that has been thus prescribed is identical with our intent and decision we, representing all the estates of the realm of sweden, hereto attach our names and seals, in ã�rebro, the twenty-sixth day of september, in the year of our lord one thousand eight hundred and ten. for and on behalf of the nobility claes fleming (l.s.) for and on behalf of the clergy jac. ax. lindblom (l.s.) for and on behalf of the burghers j. wegelin (l.s.) for and on behalf of the peasantry lars olsson (l.s.) everything as herein provided we not only accept for ourselves as the unalterable fundamental law, but also direct and graciously command all who are united in loyalty, fealty and obedience to us, our successors and the realm, to acknowledge, observe, abide by and obey this act of succession. in witness whereof we have this day with our own hand signed and confirmed it, and duly affixed our royal seal thereto, in ã�rebro, on the twenty-sixth day of september, in the year of our lord and saviour jesus christ one thousand eight hundred and ten. carl (l.s.) the freedom of the press act chapter 1. on the freedom of the press art 1 the freedom of the press is understood to mean the right of every swedish citizen to publish written matter, without prior hindrance by a public authority or other public body, and not to be prosecuted thereafter on grounds of its content other than before a lawful court, or punished therefore other than because the content contravenes an express provision of law, enacted to preserve public order without suppressing information to the public. in accordance with the principles set out in paragraph one concerning freedom of the press for all, and to secure the free exchange of opinion and availability of comprehensive information, every swedish citizen shall be free, subject to the rules contained in this act for the protection of private rights and public safety, to express his or her thoughts and opinions in print, to publish official documents and to communicate information and intelligence on any subject whatsoever. all persons shall likewise be free, unless otherwise provided in this act, to communicate information and intelligence on any subject whatsoever, for the purpose of publication in print, to an author or other person who may be deemed to be the originator of material contained in such printed matter, the editor or special editorial office, if any, of the printed matter, or an enterprise which professionally provides news or other information to periodical publications. all persons shall furthermore have the right, unless otherwise provided in this act, to procure information and intelligence on any subject whatsoever, for the purpose of publication in print, or in order to communicate information under the preceding paragraph. art 2 no written matter shall be scrutinised prior to printing, nor shall it be permitted to prohibit the printing thereof. nor shall it be permitted for a public authority or other public body to take any action not authorised under this act to prevent the printing or publication of written matter, or its dissemination among the general public, on grounds of its content. art 3 no person may be prosecuted, held liable under penal law, or held liable for damages, on account of an abuse of the freedom of the press or complicity therein, nor may the publication be confiscated or impounded other than as prescribed and in the cases specified in this act. art 4 any person entrusted with passing judgment on abuses of the freedom of the press or otherwise overseeing compliance with this act should bear constantly in mind in this connection that the freedom of the press is fundamental to a free society, direct his or her attention always more to illegality of subject matter and thought than to illegality of expression, to the aim rather than the manner of presentation, and, in case of doubt, acquit rather than convict. when determining penal sanctions for an abuse of the freedom of the press under this act concerning a statement for which a correction has been demanded, special consideration shall be given to whether such a correction has been brought to the attention of the public in an appropriate manner. art 5 this act applies to all written matter produced using a printing press. it shall likewise apply to written matter duplicated by stencil, photocopying, or other similar technical process, provided: a valid certificate of no legal impediment to publication exists in respect of the written matter; or the written matter is supplied with a note indicating that it has been duplicated and, in association therewith, clear information concerning the identity of the person who duplicated it and the year and place of duplication. rules in this act which refer to written matter produced using a printing press, or to printing, shall apply in a similar manner to other written matter to which the act applies under paragraph one, or to the duplication of such matter, unless otherwise indicated. pictorial matter is classified as written matter even when there is no accompanying text. art 6 printed matter shall not be deemed to be such unless it is published. printed matter is deemed to have been published when it has been delivered for sale or dissemination by other means within the realm. this does not however apply to printed documents of a public authority to which there is no public access. art 7 periodical is understood to mean any newspaper, magazine or other such printed matter, which, according to its publishing schedule, is intended for publication in at least four issues or instalments a year, appearing at different times under a particular title, and posters and supplements pertaining thereto. once a certificate of no legal impediment to publication has been issued, a publication shall be deemed to be a periodical until such time as the certificate is rescinded or is declared to have lapsed. if the owner of a periodical disseminates or causes to be disseminated the contents of the periodical, or parts thereof, in the form of a radio programme or technical recording under the fundamental law on freedom of expression, the programme or technical recording shall be equated, in respect to the application of chapters 1 to 14, with a supplement to the periodical, insofar as the version disseminated in such form reproduces the contents of the periodical in unaltered form and indicates how the contents have been disposed. a special obligation to record such programmes, and retain technical recordings and keep them available, may be laid down in law. rules concerning the right to broadcast are contained in chapter 3 of the fundamental law on freedom of expression. art 8 provisions laid down in law apply in respect of the rights of the originator of a work of literature or art or a photographic image, in respect of rights related to such copyright, and in respect of the ban on reproducing works of literature or art in such a way as to violate cultural values. art 9 the provisions of this act notwithstanding, rules laid down in law shall govern: bans on commercial advertising insofar as the advertisement is employed in the marketing of alcoholic beverages or tobacco products; bans on commercial advertising employed in the marketing of goods other than tobacco products and services, if the advertisement contains a brand mark in use for a tobacco product, or which under current rules concerning trademarks is registered or established by custom in respect of such a product; bans on commercial advertising introduced for the protection of health or the environment in accordance with obligations pursuant to accession to the european communities; bans on the publication, within the framework of professional credit information activities, of any credit information which improperly infringes on the personal privacy of an individual or contains false or misleading information; liability for damages for such publication; and the correction of false or misleading information; and liability under penal law and liability for damages relating to the manner in which information or intelligence has been procured. art 10 this act does not apply to pornographic images of persons whose pubertal development is not complete or who are under the age of eighteen. chapter 2. on the public nature of official documents art 1 every swedish citizen shall be entitled to have free access to official documents, in order to encourage the free exchange of opinion and the availability of comprehensive information. art 2 the right of access to official documents may be restricted only if restriction is necessary with regard to: the security of the realm or its relations with another state or an international organisation; the central fiscal, monetary or currency policy of the realm; the inspection, control or other supervisory activities of a public authority; the interests of preventing or prosecuting crime; the economic interests of the public institutions; the protection of the personal or economic circumstances of individuals; or the preservation of animal or plant species. any restriction of the right of access to official documents shall be scrupulously specified in a provision of a special act of law, or, if deemed more appropriate in a particular case, in another act of law to which the special act refers. with authority in such a provision, the government may however issue more detailed provisions for its application in an ordinance. the provisions of paragraph two notwithstanding, the riksdag or the government may be authorised, in a regulation under paragraph two, to permit the release of a particular document, with regard to the circumstances. art 3 document is understood to mean any written or pictorial matter or recording which may be read, listened to, or otherwise comprehended only using technical aids. a document is official if it is held by a public authority, and if it can be deemed under article 6 or 7 to have been received or drawn up by such an authority. a recording under paragraph one is deemed to be held by a public authority if it is available to the authority using technical aids which the authority itself employs for communication in such form that it may be read, listened to, or otherwise comprehended. a compilation of information taken from material recorded for automatic data processing is however regarded as being held by the authority only if the authority can make it available using routine means. a compilation of information taken from material recorded for automatic data processing is not however regarded as being held by the authority if the compilation contains personal information and the authority is not authorised in law, or under an ordinance, to make the compilation available. personal information is understood to mean any information which can be referred back directly or indirectly to an individual. art 4 a letter or other communication which is directed in person to an official at a public authority is deemed to be an official document if it refers to a case or other matter falling within the authority's purview, and if it is not intended for the addressee solely in his or her capacity as holder of another position. art 5 for the purposes of this chapter, the riksdag and any local government assembly with decision-making powers is equated with a public authority. art 6 a document is deemed to have been received by a public authority when it has arrived at the authority or is in the hands of a competent official. a recording under article 3, paragraph one, is instead deemed to have been received by the authority when it has been made available to the authority by another in the manner indicated in article 3, paragraph two. competition documents, tenders and other such documents which it has been advertised shall be delivered under sealed cover are deemed not to have been received before the time appointed for their opening. measures taken solely as part of the technical processing or technical storage of a document which a public authority has made available shall not be deemed to mean that the document has been received by that authority. art 7 a document is deemed to have been drawn up by a public authority when it has been dispatched. a document which has not been dispatched is deemed to have been drawn up when the matter to which it relates has been finally settled by the authority, or, if the document does not relate to a specific matter, when it has been finally checked and approved by the authority, or has otherwise received final form. the provisions of paragraph one notwithstanding, a document of the nature referred to below is deemed to have been drawn up: in the case of a day book, ledger, or a register or other list that is kept on an on-going basis, when the document has been made ready for notation or entry; in the case of a court ruling and other decision which shall be pronounced or dispatched under relevant provisions of law, or records and other documents insofar as they relate to such a decision, when the decision has been pronounced or dispatched; or in the case of other records and comparable memoranda held by a public authority, when the document has been finally checked and approved by the authority or has otherwise received final form, but not the records of riksdag committees, auditors of local authorities, official commissions of inquiry or local authorities where they relate to a matter dealt with solely in order to prepare the matter for decision. art 8 if a body which forms part of, or is associated with, a public authority or other similar organisation for public administration has transferred a document to another body within the same organisation, or has produced a document for the purpose of transferring it in this manner, the document is not deemed thereby to have been received or drawn up, other than if the bodies concerned act as independent entities in relation one to the other. art 9 nor shall a memorandum which has been prepared at a public authority, but which has not been dispatched, be deemed to be an official document at that authority after the time at which it would be deemed to have been drawn up under article 7, unless it has been accepted for filing and registration. memorandum is understood to mean any aide memoire or other note or record produced solely for the preparation or oral presentation of a matter, but not such part of it as contributes factual information to the matter. preliminary outlines or drafts of decisions or written communications of a public authority and other similar documents which have not been dispatched are not deemed to be official documents unless they have been accepted for filing and registration. art 10 a document held by a public authority solely for the purpose of technical processing or technical storage on behalf of another is not deemed to be an official document held by that authority. a document held by a public authority solely for the purpose of recreating information that has been lost in the authority's regular system for automatic data processing (backup copy) is not deemed to be an official document. art 11 the following documents are not deemed to be official documents: letters, telegrams, or other such documents delivered to or drawn up by a public authority solely for the purpose of forwarding a communication; notices or other documents delivered to or drawn up by a public authority solely for the purpose of publication in a periodical published under the auspices of the authority; printed matter, recordings of sound or pictures, or other documents forming part of a library or deposited by a private person in a public archive solely for the purpose of care and safekeeping, or for research and study purposes, and private letters, written matter or recordings otherwise transferred to a public authority solely for the purposes referred to above; and recordings of the contents of documents under point 3, if such recordings are held by a public authority, where the original document would not be deemed to be an official document. the provisions of paragraph one, point 3, concerning documents forming part of a library do not apply to recordings held in databases to which a public authority has access under an agreement with another public authority, if the recording is an official document held by that authority. art 12 an official document to which the public has access shall be made available on request forthwith, or as soon as possible, at the place where it is held, and free of charge, to any person wishing to examine it, in such form that it can be read, listened to, or otherwise comprehended. a document may also be copied, reproduced, or used for sound transmission. if a document cannot be made available without disclosure of such part of it as constitutes classified material, the rest of the document shall be made available to the applicant in the form of a transcript or copy. a public authority is under no obligation to make a document available at the place where it is held, if this presents serious difficulty. nor is there any such obligation in respect of a recording under article 3, paragraph one, if the applicant can have access to the recording at a public authority in the vicinity, without serious inconvenience. art 13 a person who wishes to examine an official document is also entitled to obtain a transcript or copy of the document, or such part thereof as may be released, in return for a fixed fee. a public authority is however under no obligation to release material recorded for automatic data processing in any form other than a printout except insofar as follows from an act of law. nor is a public authority under any obligation to provide copies of maps, drawings, pictures, or recordings under article 3, paragraph one, other than in the manner indicated above, if this would present difficulty and the document can be made available at the place where it is held. requests for transcripts or copies of official documents shall be dealt with promptly. art 14 a request to examine an official document is made to the public authority which holds the document. the request is examined and approval granted by the authority indicated in paragraph one. if there are special grounds, it may however be laid down in a provision under article 2, paragraph two, that in applying this rule, examination and approval shall rest with another public authority. in the case of a document of central significance for the security of the realm, it may also be laid down in an ordinance that only a particular authority shall be entitled to examine and approve questions relating to release. in the aforementioned cases, the request shall be referred to the competent authority forthwith. no public authority is permitted to inquire into a person's identity on account of a request to examine an official document, or inquire into the purpose of his or her request, except insofar as such inquiry is necessary to enable the authority to judge whether there is any obstacle to release of the document. art 15 should anyone other than the riksdag or the government reject a request to examine an official document, or release such a document with a proviso restricting the applicant's right to disclose its contents or otherwise dispose over it, the applicant may appeal against the decision. an appeal against a decision by a minister shall be lodged with the government, and an appeal against a decision by another authority shall be lodged with a court of law. the act of law referred to in article 2 shall set out in greater detail how an appeal against a decision under paragraph one shall be lodged. such an appeal shall always be examined promptly. special provisions apply to the right to appeal against decisions by authorities under the riksdag. art 16 a note concerning obstacles to the release of an official document may be made only on a document covered by a provision under article 2, paragraph two. such a note shall refer to the relevant provision. art 17 it may be laid down in law that the government, or a local government assembly with decision-making powers, may determine that official documents relating to the activities of a public authority which are to be taken over by a private body may be transferred into the safekeeping of that body, if it requires the documents for its work, without the documents ceasing thereby to be official. in respect of documents transferred in accordance with articles 12 to 16 such a body shall be equated with a public authority. it may also be laid down in law that the government may determine that official documents may be transferred to the church of sweden, or any part of its organisation, for safekeeping, without the documents ceasing thereby to be official. this applies to documents received or drawn up no later than 31 december 1999 by: public authorities which no longer exist and which performed tasks relating to the activities of the church of sweden; or decision-making assemblies of the church of sweden. in respect of documents transferred in accordance with articles 12 to 16, the church of sweden and any part of its organisation shall be equated with a public authority. art 18 basic rules concerning the storage, weeding and other disposal of official documents are laid down in law. chapter 3. on the right to anonymity art 1 an author of printed matter shall not be obliged to have his or her name, pseudonym or pen-name set out therein. this applies in a similar manner to a person who has communicated information under chapter 1, article 1, paragraph three, and to an editor of printed matter other than a periodical. art 2 it shall not be permitted to inquire into the identity of an author or a person who has communicated information under chapter 1, article 1, paragraph three, in a case relating to an offence against the freedom of the press, nor shall it be permitted to inquire into the identity of the editor of nonperiodical printed matter. however if, where non-periodical printed matter is concerned, the author or editor has been identified on the publication by name, or by means of a pseudonym or pen-name known generally to refer to a particular person, or if a person has acknowledged in a written statement that he or she is the author or editor, or has voluntarily made such a declaration before a court of law during the case, then the question of whether he or she is liable may be considered during the proceedings. the provisions of paragraph one notwithstanding, the question of liability for an offence under chapter 7, article 3, may be examined in the same court proceedings as cases referred to therein. art 3 a person who has engaged in the production or publication of printed matter, or material intended for insertion therein, and a person who has been active in an enterprise for the publication of printed matter, or an enterprise which professionally provides news or other material to periodicals, may not disclose what has come to his or her knowledge in this connection concerning the identity of an author, a person who has communicated information under chapter 1, article 1, paragraph three, or an editor of non-periodical printed matter. the duty of confidentiality under paragraph one shall not apply: if the person in whose favour the duty of confidentiality operates has given his or her consent to the disclosure of his or her identity; if the question of identity may be raised under article 2, paragraph one; if the matter concerns an offence specified in chapter 7, article 3, paragraph one, point 1; in cases where the matter concerns an offence under chapter 7, article 2 or 3, paragraph one, point 2 or 3, a court of law deems it necessary for information to be produced during the proceedings as to whether the defendant, or the person suspected on reasonable grounds of the offence, has communicated information or contributed to an item; or when, in any other case, a court of law deems it to be of exceptional importance, with regard to a public or private interest, for information concerning identity to be produced on examination of witnesses or of a party in the proceedings under oath. in examination under paragraph two, point 4 or 5, the court shall scrupulously ensure that no questions are put which might encroach upon a duty of confidentiality in excess of what is permissible in each particular case. art 4 no public authority or other public body may inquire into the identity of the author of material inserted, or intended for insertion, in printed matter, a person who has published, or who intends to publish, material in such matter, or a person who has communicated information under chapter 1, article 1, paragraph three, except insofar as this is necessary for the purpose of such prosecution or other action against him or her as is not contrary to the provisions of this act. in cases in which such inquiries may be made, the duty of confidentiality under article 3 shall be respected. nor may a public authority or other public body intervene against a person because he or she has in printed matter made use of his or her freedom of the press or assisted therein. art 5 a person who, whether through negligence or by deliberate intent, inserts in printed matter the name, pseudonym or pen-name of the author, or, in a case under article 1, the editor or source, against his or her wishes, or disregards a duty of confidentiality under article 3, shall be sentenced to payment of a fine or to imprisonment for up to one year. the same penalty shall apply to a person who, whether through negligence or by deliberate intent, publishes in printed matter as that of the author, editor or source, the name, pseudonym or pen-name of a person other than the true author, editor or source. inquiries made in breach of article 4, paragraph one, sentence one, if made deliberately, shall be punishable by a fine or imprisonment for up to one year. deliberate action in breach of article 4, paragraph two, provided the said measure constitutes summary dismissal, notice of termination, imposition of a disciplinary sanction or similar measure, shall be punishable by a fine or imprisonment for up to one year. legal proceedings may be instituted on account of an offence under paragraph one only provided the injured party has reported the offence for prosecution. art 6 for the purposes of this chapter, a person deemed to be the originator of material inserted or intended for insertion in printed matter is equated with an author. chapter 4. on the production of printed matter art 1 it shall be the right of every swedish citizen and swedish legal person to produce printed matter by means of a printing press, either alone or with the assistance of others. art 2 any written matter produced in the realm using a printing press or duplicated here by stencil, photocopying, or other similar technical process, in respect of which a valid certificate of no legal impediment to publication exists, shall indicate clearly the identity of the person who printed or otherwise duplicated the matter, together with the year and place of duplication, if the matter is intended for publication in the realm and is not classifiable as job printing or pictorial reproduction. chapter 1, article 5, paragraph one lays down provisions concerning the publication of information under paragraph one in written matter duplicated by stencil, photocopying, or other similar technical process, in respect of which no valid certificate exists. art 3 for the purposes of this act, job printing or pictorial reproduction shall be understood to mean postcards and picture albums, visiting cards and notices, address cards, labels, forms, advertising matter, printed packaging, other commercial printed matter, and any other such printed matter, provided always that an abuse of the freedom of the press on account of the text or otherwise can be presumed to be ruled out. art 4 provisions concerning an obligation to retain copies of printed matter for scrutiny and furnish copies of printed matter to libraries or archives are laid down in law. art 5 a person producing written matter and thereby contravening the provisions of article 2, paragraph one, shall be sentenced to payment of a fine or to imprisonment for up to one year. chapter 5. on the publication of periodicals art 1 the owner of a periodical shall be a swedish citizen or swedish legal person. it may be provided in law that also a foreign national or foreign legal person may be the owner of such a publication. art 2 a periodical shall have a responsible editor. the responsible editor shall be a swedish citizen. it may be provided in law that also a foreign national may be a responsible editor. a responsible editor shall be domiciled within the realm. no person who is a minor or an undischarged bankrupt, or for whom an administrator has been appointed under special provisions of law, may be a responsible editor. art 3 the responsible editor of a periodical shall be appointed by the owner. the tasks of a responsible editor shall include the power to supervise the publication of the periodical and to determine its contents in such a way that nothing may be printed therein against his or her will. any restriction of these powers shall be null and void. art 4 once a responsible editor has been appointed, it is the responsibility of the owner to notify the appointment to the public authority designated in law. the information provided shall include the responsible editor's name and place of domicile. it shall be accompanied by proof that the responsible editor has the required qualifications and a declaration from the responsible editor that he or she has accepted the appointment. art 5 a periodical may not be published until a certificate has been issued stating that no impediment exists under this act to prevent its publication. such a certificate is issued, on an application from the owner, by the authority referred to in article 4. the application shall indicate the title, place of publication and publishing schedule of the periodical. a certificate of no legal impediment to publication may not be issued until the name of a responsible editor has been notified under article 4. an application for a certificate of no legal impediment to publication may be rejected if the title of the periodical so closely resembles the title of a periodical for which a certificate has already been issued that the two may easily be confused. a certificate of no legal impediment to publication is valid for ten years from the date of issue. the certificate lapses thereafter. the decision that a certificate shall be deemed to have lapsed after the expiry of the ten-year period is taken by the authority referred to in article 4. the certificate may be renewed for ten years at a time, with effect from the expiry of the preceding ten-year period, on an application from the owner. an application for renewal may be made no sooner than one year before and no later than the expiry date. the same rules otherwise apply to an application for renewal of a certificate as applied in the case of the original application. if an application for renewal has been received in due time, the certificate shall continue to be valid, the provisions of paragraphs four and five notwithstanding, until the decision resulting from the application has acquired legal force. art 6 a certificate of no legal impediment to publication may be rescinded: if the owner has given notice that publication of the periodical has ceased; if the rights of ownership in the periodical have been transferred to a person who does not have the required qualifications; if there is no responsible editor, or if the responsible editor does not have the required qualifications and a qualified responsible editor is not appointed forthwith; if the periodical has not appeared within six months from the date on which the certificate of no legal impediment to publication was issued; if at least four issues or instalments of the periodical specified in the certificate have not appeared at different times in either of the previous two calendar years; if within six months from the appearance of the first issue it becomes apparent that a certificate should not have been issued under the provisions of article 5, paragraph three; or if the typographical appearance of the masthead of the periodical so resembles the masthead of another periodical for which a certificate has already been issued that the two may easily be confused and the matter is not rectified forthwith. a decision to rescind a certificate is taken by the authority referred to in article 4. in matters under paragraph one, points 2 to 7, the owner and the responsible editor are given an opportunity, if possible, to put forward their views. art 7 if a certificate of no legal impediment to publication has been rescinded on account of a circumstance under article 6, paragraph one, point 2, 3, 5 or 7, or if the certificate has been declared to have lapsed, a certificate in respect of another periodical whose masthead so resembles the masthead of the original periodical that the two may easily be confused may not be issued without the owner's consent, until two years have elapsed from the date on which the certificate was rescinded or lapsed. art 8 if a responsible editor is no longer qualified, or if his or her appointment as a responsible editor has otherwise been terminated, it is the responsibility of the owner to provide forthwith for the appointment of a new responsible editor and to notify the appointment to the authority referred to in article 4. the provisions of article 4 apply to such notification, which shall be accompanied, if possible, by proof that the previous responsible editor has been informed of the notification of a new name. if the place of publication or the publishing schedule changes, the owner shall notify the authority referred to in article 4 forthwith. art 9 the responsible editor of a periodical may have one or more deputies. these deputies are appointed by the responsible editor. when a deputy is appointed, the authority referred to in article 4 shall be notified accordingly. notification shall be accompanied by proof that the deputy has the required qualifications for a responsible editor, by a declaration from the deputy that he or she has accepted the appointment and by a statement from the owner that he or she has approved the deputy. the provisions of article 2, paragraphs two and three, apply in a similar manner to deputies. if the appointment of a responsible editor is terminated, an appointment as deputy also lapses. art 10 once the appointment of a deputy has been notified, the responsible editor may authorise such a deputy, or, if there are two or more deputies, any one of them, to exercise in his or her place the powers vested in the responsible editor under article 3. if it can be presumed that a responsible editor will be continuously prevented for at least one month, by reason of ill health or for any other temporary cause, from exercising the powers vested in him or her as responsible editor, he or she shall delegate these powers to a deputy forthwith. if no deputy exists, or if the appointment of the person or persons designated as a deputy or deputies is approaching termination, it shall be the responsibility of the responsible editor to provide as quickly as possible for the appointment of a deputy and to notify the appointment as laid down in article 9. art 11 the name of the responsible editor shall appear on each separate issue or instalment of a periodical. if the responsible editor's powers have been delegated to a deputy, each issue or instalment of the periodical concerned shall state that the deputy is acting as responsible editor; if this is done, the name of the responsible editor need not be given as well. art 12 if the owner of a periodical publishes the periodical without having a certificate of no legal impediment to publication, or without being qualified; or if the owner fails to provide for the appointment of a new responsible editor or notify such an appointment as laid down in article 8; or if, in a case under article 10, paragraph two, a responsible editor neglects to delegate his or her powers to a deputy; or if a person publishes a periodical the publication of which has been declared prohibited under this act, or which is manifestly a continuation of such a periodical; or if a person allows his or her name to appear on a periodical as responsible editor or responsible deputy editor without being qualified; the penalty is a fine. if the contents of the periodical have been declared to be criminal, or if the circumstances are otherwise exceptionally aggravating, the penalty is imprisonment for up to one year. art 13 the penalties specified in article 12 apply also to a person who knowingly submits false information in an application or notification under this chapter, or a declaration appended to such an application or notification. art 14 if the owner of a periodical fails to report a new place of publication or a new publishing schedule under article 8, the penalty is a monetary fine. if a responsible editor breaches the provisions of article 11 the penalty is a monetary fine. this applies in a similar manner to a deputy acting as a responsible editor. chapter 6. on the dissemination of printed matter art 1 it shall be the right of every swedish citizen and swedish legal person to sell, consign, or otherwise disseminate printed matter, either alone or with the assistance of others. art 2 the provisions of this act notwithstanding, provisions laid down in law shall apply in cases in which a person: exhibits a pornographic picture on or at a public place, by displaying it or the like, in a manner liable to cause offence to the general public, or sends such a picture by post or other means to another person who has not ordered it in advance; or disseminates among children and young persons printed matter which by reason of its content might have a brutalising effect, or otherwise seriously put at risk the moral guidance of the young. more detailed rules concerning the dissemination of maps of sweden or parts thereof which contain information of significance for the defence of the realm, and dissemination of plans or pictures of a similar nature, are laid down in law. art 3 if written matter under chapter 4, article 2, paragraph one, lacks the information prescribed therein, or if such information, or information provided under chapter 1, article 5, paragraph one, point 2, in written matter referred to therein is incorrect, and this fact is known to the disseminator, the penalty is a monetary fine. the penalty for the dissemination of printed matter which, to the knowledge of the disseminator, has been impounded or confiscated, or published in violation of a ban issued under this act, or which manifestly constitutes a continuation of printed matter the publication of which has thus been prohibited, is a fine or imprisonment for up to one year. art 4 the consignment of printed matter by post or other common carrier shall not be subject to special restrictions or conditions on grounds of content. this shall not however apply to the consignment of printed matter which constitutes a violation of the provisions of article 3. a common carrier who has accepted printed matter for carriage shall not be deemed to be a disseminator. chapter 7. on offences against the freedom of the press art 1 for the purposes of this act, an offence against the freedom of the press is understood to mean an offence under articles 4 and 5. art 2 no statement in an advertisement or other similar communication shall be deemed an offence against the freedom of the press if it is not readily apparent from the content of the communication that liability for such an offence may be incurred. if the communication is punishable under law, having regard also to circumstances which are not readily apparent from its content, the relevant provisions of law apply. the foregoing applies in a similar manner to a communication conveyed in cypher or by other means secret from the general public. art 3 if a person communicates information under chapter 1, article 1, paragraph three, or if, without being responsible under the provisions of chapter 8, he or she contributes to material intended for insertion in printed matter, as author or other originator or as editor, thereby rendering himself or herself guilty of: high treason, espionage, gross espionage, gross unauthorised trafficking in secret information, insurrection, treason or betrayal of country, or any attempt, preparation or conspiracy to commit such an offence; wrongful release of an official document to which the public does not have access, or release of such a document in contravention of a restriction imposed by a public authority at the time of its release, where the act is deliberate; or deliberate disregard of a duty of confidentiality, in cases specified in a special act of law; provisions of law concerning liability for such an offence apply. if a person procures information or intelligence for a purpose referred to in chapter 1, article 1, paragraph four, thereby rendering himself or herself guilty of an offence under paragraph one, point 1 of this article, provisions of law concerning liability for such an offence apply. the provisions of chapter 2, article 22, paragraph one of the instrument of government shall apply also in respect of proposals for provisions under paragraph one, point 3. art 4 with due regard to the purpose of freedom of the press for all under chapter 1, the following acts shall be deemed to be offences against the freedom of the press if committed by means of printed matter and if they are punishable under law: high treason, committed with intent to bring the realm or any part of it under the subjection of a foreign power or render the realm dependent on such a power by violent or other unlawful means or with foreign assistance, or to detach a part of the realm by such means, or with foreign assistance to induce or prevent acts or decisions of the head of state, the government, the riksdag, the supreme court or the supreme administrative court, insofar as the act implies a risk that the intent will be realised; any attempt, preparation or conspiracy to commit such high treason; instigation of war, insofar as a danger that the realm will be drawn into war or other hostilities is provoked with foreign assistance; espionage, whereby, in order to assist a foreign power, a person conveys, consigns or discloses without due authority information concerning defence installations, armaments, storage installations, import, export, mode of fabrication, negotiations, decisions or other circumstances the disclosure of which to a foreign power could cause detriment to the total defence system or otherwise to the security of the realm, regardless of whether the information is correct; any attempt, preparation or conspiracy to commit such espionage; unauthorised trafficking in secret information, whereby a person, without due authority but with no intent to assist a foreign power, conveys, consigns or discloses information concerning any circumstance of a secret nature, the disclosure of which to a foreign power could cause detriment to the defence of the realm or the national supply of goods in the event of war or exceptional conditions resulting from war, or otherwise to the security of the realm, regardless of whether the information is correct; any attempt or preparation aimed at such unauthorised trafficking in secret information; conspiracy to commit such an offence, if the offence is gross, having particular regard to whether the act involved assistance to a foreign power or was exceptionally dangerous having regard to an existing state of war, or concerned circumstances of major significance, or if the offender disclosed information entrusted to him or her in conjunction with public or private employment; carelessness with secret information, whereby through gross negligence a person commits an act referred to in point 4; insurrection, committed with intent to overthrow the form of government by force of arms or otherwise by violent means, or induce or prevent by such means acts or decisions of the head of state, the government, the riksdag, the supreme court or the supreme administrative court, insofar as the act implies a risk that the intent will be realised; any attempt, preparation or conspiracy to commit such insurrection; treason or betrayal of country, insofar as a person thereby, when the realm is at war or provisions of law relating to such offences otherwise apply, misleads or betrays persons active in the defence of the realm or induces them to mutiny, break faith or lose heart, or betrays property of significance for the total defence system, or commits any other similar treasonable act which is liable to cause detriment to the total defence system or which involves assistance to the enemy; any attempt, preparation or conspiracy to commit such treason or betrayal of country; carelessness injurious to the interests of the realm, whereby a person through negligence commits an act referred to in point 7; dissemination of rumours which endanger the security of the realm, whereby, when the realm is at war or provisions of law relating to such offences otherwise apply, a person spreads false rumours or other false statements liable to endanger the security of the realm, or communicates or promotes the communication of such rumours or statements to a foreign power, or disseminates among members of the armed forces false rumours or other false statements liable to provoke disloyalty or to dishearten; sedition, whereby a person exhorts or otherwise seeks to encourage criminal acts, neglect of civil obligations, disobedience to a public authority or neglect of duty incumbent upon a serving member of the armed forces; agitation against a population group, whereby a person threatens or expresses contempt for a population group or other such group with allusion to race, colour, national or ethnic origin, religious faith or sexual orientation; offences against civil liberty, whereby a person makes unlawful threats with intent to influence the formation of public opinion or encroach upon freedom of action within a political organisation or professional or industrial association, thereby imperilling the freedom of expression, freedom of assembly or freedom of association; any attempt to commit such an offence against civil liberty; unlawful portrayal of violence, whereby a person portrays sexual violence or coercion in pictorial form with intent to disseminate the image, unless the act is justifiable having regard to the circumstances; defamation, whereby a person alleges that another is criminal or blameworthy in his or her way of life, or otherwise communicates information liable to expose another to the contempt of others, and, if the person defamed is deceased, the act causes offence to his or her survivors, or might otherwise be considered to violate the sanctity of the grave except, however, in cases in which it is justifiable to communicate information in the matter, having regard to the circumstances, and proof is presented that the information was correct or there were reasonable grounds for the assertion; insulting language or behaviour, whereby a person insults another by means of offensive invective or allegations or other insulting behaviour towards him or her; unlawful threats, whereby a person threatens another with a criminal act, in a manner liable to engender in the person threatened serious fears for the safety of his or her person or property or that of another; threats made against a public servant, whereby a person, threatening violence, attacks another in the exercise of his or her public authority, or any other activity accorded the same protection as is associated with the exercise of public authority, or as an accessory in an activity accorded such protection, for the purpose of coercing or preventing the other from taking action therein, or in retaliation for such action, or whereby a person thus attacks a person who was previously engaged in such activity or as an accessory therein, on account of his or her acts or omissions in this context; any attempt or preparation so to threaten a public servant, unless the offence, if realised, would have been deemed to be petty; or perversion of the course of justice, whereby a person, threatening violence, attacks another because he or she has filed a complaint, brought charges, testified or otherwise made a statement under examination before a court of law or other public authority, or in order to deter him or her from such action, or whereby a person attacks another threatening action which would result in suffering, injury or nuisance, because he or she has testified or otherwise made a statement under examination before a public authority, or in order to prevent him or her from making such a statement. art 5 offences against the freedom of the press shall also include any act committed by means of printed matter and punishable under law whereby a person: deliberately publishes an official document to which the public does not have access, if he or she obtained access to the document in the public service, while carrying out official duties or in any other comparable circumstance; publishes information, and thereby deliberately disregards a duty of confidentiality under the special act of law referred to in article 3, paragraph one, point 3; publishes information, when the realm is at war or exposed to the immediate danger of war, concerning facts the disclosure of which constitutes an offence against the security of the realm other than an offence under article 4. art 6 provisions of law relating to penal sanctions for offences under articles 4 and 5 apply also in a case in which the offence is deemed to be an offence against the freedom of the press. provisions concerning private claims on account of offences against the freedom of the press are laid down in chapter 11. if the defendant is convicted of an offence specified in article 4, point 14 or 15, and the printed matter is a periodical, an order may be issued, on request, for the verdict to be inserted in the periodical. art 7 printed matter containing an offence against the freedom of the press may be confiscated. confiscation of printed matter means the destruction of all copies intended for dissemination and the taking of such action with respect to forms, lithographic stones, stereotypes, plates and other such material adapted exclusively to the printing of the matter as will render impossible their misuse. art 8 in conjunction with the confiscation of a periodical, publication of the periodical may be prohibited in the case of an offence referred to in article 4, points 1 to 3, point 4, insofar as the offence is to be regarded as gross, and points 6 and 7, for a particular period to be determined by the court, but not exceeding six months from the date on which the court's ruling in the freedom of the press case acquired legal force. such a ban may however be issued only when the country is at war. general provisions of law applying to forfeiture of objects on account of an offence apply to the confiscation of a periodical disseminated in violation of a ban on publication, or manifestly constituting a continuation of a periodical specified in such a ban. chapter 8. liability rules part 1. on liability for periodicals art 1 liability under penal law for an offence against the freedom of the press committed by means of a periodical lies with the person notified as responsible editor at the time when the periodical was published. if a deputy had been notified and was acting as responsible editor, the deputy is liable. art 2 if no certificate of no legal impediment to publication existed at the time when the periodical was published, or if the responsible editor liable under article 1, paragraph one, was no longer qualified, or his or her appointment as responsible editor had otherwise been terminated, the owner is liable. the owner is likewise liable in a case in which the responsible editor was appointed for appearance's sake, or was otherwise manifestly not in possession of the powers stipulated in chapter 5, article 3, at the time when the periodical was published. if a deputy acting as responsible editor was no longer qualified at the time when the periodical was published, or if his or her appointment had otherwise been terminated, or if a circumstance specified in paragraph two applied in respect of the deputy, the responsible editor is liable. art 3 if it is impossible to establish the identity of the owner at the time when the periodical was published, the printer is liable in place of the owner. art 4 if a person disseminates a periodical which lacks information concerning the name of the printer, or if such information is known to the disseminator to be incorrect and the identity of the printer cannot be ascertained, the disseminator is liable in place of the printer. part 2. on liability for non-periodical printed matter art 5 liability under penal law for an offence against the freedom of the press committed by means of non-periodical printed matter lies with the author, if he or she has been identified as the author of the printed matter in the manner prescribed in chapter 3, article 2. the author is not, however, liable if the matter was published without his or her consent, or if his or her name, pseudonym, or pen-name appeared therein against his or her will. art 6 if an author is not liable under article 5 for matter which includes or is intended to include contributions from several authors, and if a particular editor has been identified in the manner prescribed in chapter 3, article 2, the editor is liable. in the case of printed matter other than printed matter under paragraph one, the editor is liable only if the author was deceased when the matter was published. the editor is not liable if his or her name, pseudonym, or pen-name appeared on the matter against his or her will. the editor of non-periodical printed matter is understood to be the person who, without being the author, delivers the matter for printing and publication. art 7 if neither the author nor the editor is liable under article 5 or 6, or if, when the matter was published, he or she was deceased, the publisher is liable. the publisher of non-periodical printed matter is understood to be the person who has undertaken to print and publish the writings of another. art 8 if there was no publisher, or if the identity of the publisher cannot be ascertained, the printer is liable in place of the publisher. art 9 the provisions of article 4 apply in a similar manner to the liability of a disseminator of non-periodical printed matter. part 3. provisions applying to all printed matter art 10 if the person who would have been liable under article 2, 5, 6 or 7 at the time of publication of the printed matter has no known place of domicile within the realm, and if his or her current whereabouts within the realm cannot be ascertained in the case, liability shall pass to the person liable next thereafter, but not to the editor of non-periodical printed matter other than in a case under article 6, paragraph one, or to a disseminator. the same applies if a circumstance pertained in respect of the person liable under article 1, 2, 5, 6 or 7 which according to law excluded criminal responsibility, and if the person liable next thereafter was aware of, or should have been aware of, the circumstance. art 11 a circumstance which would result in the liability under this chapter of a person other than the defendant shall be taken into consideration only if the circumstance was adduced prior to the main hearing. art 12 in determining the liability of a person responsible for printed matter under this chapter, the content of the matter shall be deemed to have been inserted with the knowledge and consent of the person concerned. chapter 9. on supervision and prosecution art 1 the chancellor of justice shall monitor that the limits set in this act for the freedom of the press are not transgressed. art 2 the chancellor of justice is sole prosecutor in cases concerning offences against the freedom of the press. no one other than the chancellor of justice may institute a preliminary investigation concerning offences against the freedom of the press. only the chancellor of justice and a court of law may approve coercive measures on suspicion that such an offence has been committed, unless otherwise provided in this act. the government has the right to report printed matter to the chancellor of justice for prosecution on account of an offence against the freedom of the press. it may be laid down in an act of law that legal proceedings on account of an offence against the freedom of the press may be instituted only with the government's consent. the chancellor of justice is likewise sole prosecutor in freedom of the press cases which are not cases concerning offences against the freedom of the press, and in cases otherwise relating to violations of regulations contained in this act: provisions of law however regulate the right of the parliamentary ombudsman to act as prosecutor in cases of this nature. art 3 legal proceedings on account of an offence against the freedom of the press shall be instituted, in the case of a periodical for which a valid certificate of no legal impediment to publication existed at the time of publication, within six months, and in the case of other printed matter, within one year from the date of publication, with effect that the matter shall otherwise be exempt from such proceedings. this provision notwithstanding, if such proceedings have been instituted within the time specified, fresh proceedings may nevertheless be instituted against another person who is liable in respect of the offence. provisions of law governing the period within which an offence must be prosecuted if penal sanctions are not to lapse apply also with respect to offences against the freedom of the press. art 4 provisions of law govern the right of a private plaintiff to report an offence against the freedom of the press or bring charges on account of such an offence. art 5 if no one is liable under chapter 8 for the offence, or if no summons can be served within the realm on the person liable, the prosecutor or the plaintiff may apply to have the printed matter confiscated instead of instituting legal proceedings. chapter 10. on special coercive measures art 1 if there are grounds for the possible confiscation of printed matter on account of an offence against the freedom of the press, the printed matter may be impounded pending a decision. in a case under chapter 7, article 8, an order may also be issued prohibiting publication of a periodical pending a decision by the court. art 2 if the offence falls within the scope of public prosecution, the chancellor of justice may order the printed matter to be impounded, and publication prohibited under article 1, before proceedings have been instituted on account of an offence against the freedom of the press, or application made to the court for confiscation of the printed matter. it may be laid down in law that a public prosecutor may be similarly empowered to order material to be impounded within his or her jurisdiction. art 3 if impoundment has been effected without a court order, the person affected may demand to have the matter examined before a court of law. when a public prosecutor has ordered material to be impounded, the chancellor of justice shall be notified promptly. the chancellor of justice shall determine forthwith whether the order shall be upheld. art 4 when the chancellor of justice has ordered material to be impounded or has confirmed an order issued by a public prosecutor, legal proceedings shall be instituted, or application made for confiscation of the printed matter, within two weeks from the date on which the chancellor of justice pronounced his or her decision. failing such action, the impoundment order and any accompanying order prohibiting publication lapse. art 5 once legal proceedings have been instituted for an offence against the freedom of the press or an application has been made to the court for printed matter to be confiscated, the court is entitled to order the matter to be impounded and publication prohibited, or to rescind an impoundment order or order prohibiting publication which has already been issued. in reaching its decision in such a case, the court shall determine whether an order which has been issued shall continue in force. if the case is dismissed because the court is not competent, or if the court otherwise dismisses the case without determining whether the printed matter is of a criminal nature, and if there is reason to suppose that there will be an application for confiscation in another case, the court may confirm the order for a particular period which the court determines. if no proceedings are instituted within this period, the order lapses. art 6 an impoundment order shall contain a statement indicating the passage or passages in the printed matter which occasioned the order and applies only to the volume, part, issue or instalment in which these passages occur. art 7 an impoundment order shall be executed by the police authority forthwith. provisions of law concerning the prohibition of the dissemination of printed matter which is subject to an impoundment order are laid down in chapter 6, article 3. art 8 impoundment of printed matter shall relate only to copies intended for dissemination. proof of impoundment of printed matter shall be provided as soon as possible, and free of charge, both to the person against whom impoundment was effected and to the person who printed the material. such proof shall indicate the passage or passages in the printed matter which occasioned the impoundment order. art 9 when an impoundment order has been rescinded or has lapsed, execution of impoundment is reversed forthwith. art 10 repealed. art 11 if the realm is at war or exposed to the danger of war and printed matter is discovered at a unit of the armed forces which manifestly constitutes such criminal sedition under chapter 7, article 4, as may induce members of the armed forces to neglect their duties, the printed matter may be taken into safekeeping pending issue of an impoundment order, on a decision by the officer competent in law to decide matters of disciplinary responsibility in respect of the unit concerned. if delay may prove detrimental, action under paragraph one may also be taken by another officer under provisions laid down in law, in the absence of a decision under paragraph one. such action shall however be reported promptly to the officer referred to in paragraph one. this officer shall consider forthwith whether the printed matter shall remain in safekeeping. art 12 when a decision has been made to take printed matter into safekeeping under the provisions of article 11, the chancellor of justice shall be notified as soon as possible. the chancellor of justice then considers forthwith whether the printed matter shall be impounded. art 13 general provisions of law applying to the impoundment of objects which may be declared forfeit apply to the impoundment of a periodical disseminated in violation of an order prohibiting publication, or manifestly constituting a continuation of a periodical, the publication of which has thus been prohibited. art 14 a copy of printed matter which can reasonably be presumed to have significance for the investigation of a freedom of the press case may be impounded. the provisions of articles 2 and 3; 5, paragraph one; 6; 7, paragraph one; and 9 apply. general provisions of law relating to impoundment apply in relevant parts. legal proceedings shall however always be instituted within one month from the date on which the impoundment order was issued, if the court does not allow an extension in response to a submission from the chancellor of justice. chapter 11. on private claims for damages art 1 a private claim for damages based on an abuse of the freedom of the press may be pursued only on grounds that the printed matter to which the claim relates contains an offence against the freedom of the press. unless otherwise provided below, such a claim may be pursued only against the person liable under penal law for the offence under chapter 8. if, by reason of circumstances under chapter 8, article 10, liability has passed to such a person, the claim may also be pursued against the person liable forthwith before him or her, provided that, and to the extent that, grounds exist in law for the pursuit of such a claim. the provisions of chapter 8, article 12, concerning liability under penal law apply also with regard to private claims for damages. relevant provisions of law apply with regard to private claims for damages in respect of offences under chapter 7, article 2 or 3. art 2 a private claim for damages which may be pursued against the responsible editor of a periodical or his or her deputy may be pursued also against the owner. in the case of other printed matter, a claim which may be pursued against the author or editor may be pursued also against the publisher. art 3 if a person is liable for damages on account of an offence against the freedom of the press as legal representative of a legal person, or as a guardian, trustee or administrator, the claim for damages may also be pursued against the legal person, or the person for whom the guardian, trustee or administrator was appointed, provided that, and to the extent that, grounds exist in law for the pursuit of such a claim. art 4 if a person is liable together with another person for damages under this chapter, such persons are liable jointly and separately. the apportionment of liability between the parties is determined in accordance with relevant provisions of law. art 5 a private claim for damages may be pursued on account of an offence against the freedom of the press even if liability under penal law has lapsed or an action under penal law is otherwise excluded. chapter 12. on court proceedings in freedom of the press cases art 1 freedom of the press cases are heard by the district court within whose jurisdiction the county administration has its seat. should any reason prompt the designation of another district court within the county administrative district to hear freedom of the press cases, the government may adopt an ordinance to this effect. freedom of the press cases are cases concerning liability under penal law or private claims for damages on account of offences against the freedom of the press, and application cases under chapter 9, article 5. freedom of the press cases also include cases concerning liability under penal law and private claims for damages in relation to offences under chapter 7, article 3. if the case concerns an offence under paragraph two of the last-named article, and if the person who procured the information or intelligence has not published it in printed matter or communicated it to some other person for the purpose of such publication, the case shall however be tried as a freedom of the press case only provided it is manifest that the information was procured for the purpose of publication in printed matter. art 2 in freedom of the press cases in which there is a question of liability under penal law, the question of whether an offence has been committed shall be tried by a jury of nine members, unless both parties have declared themselves willing to refer the case for decision by the court, without trial by jury. the question of whether the defendant is liable for the printed matter under chapter 8 is however always tried by the court sitting alone. when the question of whether an offence has been committed is tried by a jury, the answer shall be deemed to be in the affirmative if at least six members of the jury concur in that opinion. if the jury finds that no offence has been committed, the defendant shall be acquitted. if the jury finds that an offence has been committed, the question shall also be examined by the court. if the opinion of the court differs from that of the jury, the court is entitled to acquit the defendant or apply a penal provision carrying a milder sanction than that applied by the jury. a superior court to which the judgment of a district court has been referred on appeal is no more entitled than the district court to overturn the jury's verdict. art 3 jurors shall be appointed for each county administrative district, and are divided into two groups, with 16 jurors in the first group and 8 in the second. in the case of the stockholm county administrative district, the first group shall however consist of 24 jurors and the second of 12. the jurors in the second group shall hold currently, or shall have held previously, appointments as lay assessors of a court of general jurisdiction or a public administrative court. art 4 jurors are appointed, by election, for a period of four calendar years. jurors shall be elected by the county council of the county administrative district or, where the county administrative district includes a municipality which does not come under the county council, by the county council and the council of the municipality concerned. jurors in the gotland county administrative district are elected by the gotland municipal council. if, under the foregoing, jurors are to be elected by more than one electoral body, the county administrative board shall apportion the number of jurors in each group among the electoral bodies in proportion to population. when a juror is to be elected the district court shall notify the authority responsible for arranging the election to this effect. art 5 jurors shall be appointed from among swedish citizens domiciled in the county administrative district for which they are to be appointed. they should be known for their soundness of judgment, independence and fairmindedness. different social groups and currents of opinion, and different parts of the county administrative district, should be represented among the jurors. no person who is a minor or for whom an administrator has been appointed under special provisions of law may be a juror. art 6 a juror who has attained the age of sixty has the right to resign his or her appointment. if in any other circumstances a juror wishes to retire, the district court considers whether valid cause exists to prevent him or her from carrying out his or her duties. if a juror ceases to be eligible for election, the appointment lapses. art 7 if a juror retires or ceases to be eligible for election, the electoral body shall appoint another person from among the group of jurors to which he or she belonged to replace him or her for the remainder of the electoral period. such a juror may be elected by the county council executive committee in place of the county council: such an election is however valid only until the county council next meets. art 8 appeals concerning the election of a juror shall be lodged with the district court. the court examines the qualifications of those elected even if no appeal is lodged. provisions of law relating to appeals against decisions of an inferior court apply to appeals against decisions of a district court on a matter under paragraph one. there is no right of appeal against the decision of the court of appeal. if an appeal is lodged, the election nevertheless remains valid unless the court rules otherwise. art 9 the names of persons appointed to serve as jurors shall be entered on a list of jurors. each group shall be entered separately on this list. art 10 in a case which is to be tried by a jury, the court shall present the list of jurors and consider whether there are grounds for disqualifying any person on the list. provisions of law relating to the disqualification of judges apply to the disqualification of jurors. the jury is empanelled thereafter from among the undisqualified jurors in such a way that each party is permitted to exclude three jurors in the first group and one in the second, and the court then selects by lot a sufficient number of deputies from among the remaining jurors to leave six in the first group and three in the second. in the case of a jury in the stockholm county administrative district, each party is permitted to exclude five jurors in the first group and two in the second. art 11 if there are several parties on one side, only one of whom wishes to exercise his or her right to exclude jurors, an exclusion made by that party is deemed to be an exclusion made also by the other parties. if co-parties wish to exclude different jurors, and are unable to reach agreement, the court makes the exclusion by lot. art 12 no person may avoid jury service without legal cause. if the number of members required in a group cannot be made up because of disqualification or legal excuse, the court nominates three qualified group members for each juror required. each party is permitted to exclude one of the persons so nominated. no one may be nominated as a juror who has already been excluded in the same proceedings. art 13 if several cases in which a jury is to act are being heard concurrently, the court may rule, after conferring with the parties, that the same jury shall act in all the cases. if a jury is to be empanelled jointly for two or more cases, the provisions of article 11 concerning the exclusion of jurors in a case in which there is more than one party on one side apply in a similar manner. art 14 if, in proceedings concerning liability under penal law, an action for damages is brought against a person other than the defendant, the measures which fall under article 2, paragraph one, article 10, paragraph two, and article 12, paragraph two, to be taken by a respondent fall to the defendant. if an action is brought which is not connected with criminal proceedings but concerns confiscation of printed matter or a private claim for damages, the provisions of articles 2 and 10 to 13 apply concerning court proceedings in the case; if, however, the question of whether an offence has been committed has already been examined in a freedom of the press case concerning liability under penal law, the same question shall not be re-examined. in an application case, the exclusion of jurors, which otherwise falls to the parties in the case, is made by the court by lot. art 15 more detailed provisions regarding court proceedings in freedom of the press cases are laid down in law. where there are several district courts in one county administrative district which are competent to hear freedom of the press cases, the duties specified in articles 4, 6, 8 and 9 shall be carried out by the district court designated by the government. art 16 for cases in which the country is at war or exposed to the danger of war, or such exceptional conditions prevail as result from the war or danger of war to which the country has been exposed, provisions may be laid down in an act of law or in an ordinance adopted by the government, with authority in law, concerning the postponement of elections of jurors or exceptions to the right of a juror to resign his or her appointment. chapter 13. on matter printed abroad etc. art 1 the provisions of chapters 1, 3, 6 and 7; chapter 8, articles 1, 2, 5 to 7, and 10 to 12; and chapters 9 to 12, apply in relevant parts to matter printed abroad and published in the realm, unless otherwise provided below. art 2 matter printed abroad shall be deemed to have been published within the realm if it has been delivered for dissemination within the realm as described in chapter 1, article 6. art 3 if a periodical which is printed abroad is intended primarily for dissemination within the realm, the provisions of chapter 5 apply in relevant parts; the provisions relating to the qualifications of owners shall not apply. publication in the realm of any other periodical printed abroad does not require a certificate of no legal impediment to publication. should such a certificate exist, the provisions of paragraph one shall apply in respect of the periodical. art 4 the provisions of this act concerning the liability under penal law of a person who has produced printed matter shall refer in respect of matter printed abroad to the person who caused the matter to be delivered for dissemination within the realm, or, if it is impossible to establish his or her identity, or if at the time of publication he or she was not domiciled within the realm, to the person who is deemed to be the disseminator under chapter 6. art 5 provisions are laid down in law concerning the obligation to retain for scrutiny copies of matter printed abroad and to furnish copies of such matter to libraries or archives. art 6 in the case of matter which is printed abroad and published in the realm, but not intended primarily for dissemination within the realm, and for which no certificate of no legal impediment to publication exists, the provisions of chapter 1, article 1, paragraphs three and four, concerning the communication and procurement of information and intelligence for publication apply, unless: communication or procurement constitutes an offence against the security of the realm; communication includes supply or release of documents under chapter 7, article 3, paragraph one, point 2; or communication constitutes deliberate disregard of a duty of confidentiality. paragraph one applies also in respect of matter not published in sweden, regardless of whether it is printed here or abroad. in this connection a person who contributes to material in a periodical by other means, as author or other originator, is equated with a person communicating information for publication. if communication or procurement is punishable under law pursuant to paragraphs one and two, relevant provisions of law apply. cases concerning liability under penal law or private claims for damages on account of an offence now referred to shall be heard as freedom of the press cases, unless chapter 12, article 1, paragraph two, sentence three, applies in a similar manner. the provisions of chapter 3 shall apply in respect of the source's right to anonymity: the rule laid down in article 3, point 3, however extends also to offences against the security of the realm other than those referred to therein. chapter 14. general provisions art 1 provisions of law relating to the re-opening of closed cases in general apply also to rulings in freedom of the press cases, even if the question of whether an offence has been committed has been tried by a jury. if a case in which a jury has tried the question of whether an offence has been committed is re-opened and its re-opening is founded on circumstances which may be presumed to have influenced the jury's deliberations, it shall be decided at the same time to resubmit the case to a jury of the court which first pronounced judgment. if a retrial is granted in favour of the defendant and the matter is manifest, the court granting the retrial may instead revise the judgment forthwith. art 2 when, as a result of a ruling by a higher instance, a freedom of the press case in which a jury participated is to be retried before a jury of the court which first pronounced judgment, the provisions of chapter 12, articles 10 to 14, apply with respect to the empanelling of the jury. art 3 freedom of the press cases and other cases concerning offences against the provisions of this act shall always be dealt with promptly. art 4 repealed. art 5 general provisions of law or statute apply in all matters not dealt with in provisions of this act or special legislation enacted by virtue of this act. except as otherwise laid down in this act or elsewhere in law, foreign nationals are equated with swedish citizens. transitional provisions part 1. transitional provisions relating to 1976 amendments this act comes into force on 1 january 1978. the new provisions do not apply to written matter duplicated by stencil, photocopying or other similar technical process and published before the act comes into force. part 2. transitional provisions relating to 1998 amendments this act comes into force on 1 january 1999. older provisions shall apply to technical recordings disseminated before the act comes into force. the newer provisions contained in chapter 1, article 7, and chapter 5, articles 5 and 7, shall apply also to certificates of no legal impediment to publication issued before the act comes into force. contrary to the provisions of chapter 5, article 5, paragraph four, sentence one, such certificates shall be valid for a period of ten years from the date on which the act comes into force. in cases affecting the portrayal of children in pornographic pictures, older provisions shall apply if criminal proceedings have been instituted before the act comes into force. the fundamental law on freedom of expression chapter 1. basic provisions art 1 every swedish citizen is guaranteed the right under this fundamental law, vis-a-vis the public institutions, publicly to express his or her thoughts, opinions and sentiments, and in general to communicate information on any subject whatsoever on sound radio, television and certain similar transmissions, through public playback of material from a database, and in films, video recordings, sound recordings and other technical recordings. the purpose of freedom of expression under this fundamental law is to secure the free exchange of opinion, free and comprehensive information, and freedom of artistic creation. no restriction of this freedom shall be permitted other than such as follows from this fundamental law. references in the fundamental law to radio programmes shall apply also to television programmes and to the content of other certain transmissions of sound, pictures or text made using electromagnetic waves, as well as to the content of certain public playbacks from a database. technical recordings are understood in this fundamental law to mean recordings containing text, pictures or sound which may be read, listened to or otherwise comprehended only using technical aids. a database is understood in this fundamental law to mean a collection of information stored for automatic data processing. art 2 every swedish citizen is guaranteed the right to communicate information on any subject whatsoever to authors and other originators, as well as to editors, editorial offices, news agencies and enterprises for the production of technical recordings for publication in radio programmes or such recordings. he or she also has the right to procure information on any subject whatsoever for such communication or publication. no restriction of these rights shall be permitted other than such as follows from this fundamental law. art 3 there shall be no prior scrutiny by a public authority or other public body of a matter which is intended for release in a radio programme or technical recording. nor is it permitted for public authorities or other public bodies to prohibit or prevent the release or dissemination to the general public of a radio programme or technical recording on grounds of its known or expected content, except by virtue of this fundamental law. the provisions of paragraph one notwithstanding, provisions may be laid down in law concerning the scrutiny and approval of moving pictures in films, video recordings or other technical recordings intended for public showing, and moving pictures in such playback of material from a database referred to in article 9, paragraph one, point 3. no public authority or other public body may prohibit or prevent the possession or use of such technical aids as are necessary to receive radio programmes or comprehend the content of technical recordings on grounds of the content of a radio programme or technical recording, except by virtue of this fundamental law. the same applies to any ban on the construction of landline networks for the transmission of radio programmes. art 4 public authorities and other public bodies may not intervene against any person on grounds that he or she has abused the freedom of expression or contributed to such abuse in a radio programme or technical recording, except by virtue of this fundamental law. nor may they intervene against the programme or recording on such grounds, except by virtue of this fundamental law. art 5 any person entrusted with passing judgment on abuses of the freedom of expression or otherwise overseeing compliance with this fundamental law should bear in mind that the freedom of expression is fundamental to a free society. he or she should direct his or her attention always to the aim rather than the manner of presentation. in case of doubt, he or she should acquit rather than convict. art 6 this fundamental law applies to transmissions of radio programmes which are directed to the general public and intended for reception using technical aids. such transmissions of radio programmes are understood to include also the provision of live broadcasts and recorded programmes which are specifically requested, provided the starting time and the content cannot be influenced by the receiver. in the case of radio programmes transmitted by satellite and emanating from sweden, the provisions of this fundamental law concerning radio programmes in general apply. exceptions to this fundamental law in respect of radio programmes intended primarily for reception abroad and radio programmes transmitted by landline but not intended for reception by a wider public may be laid down in law. such exceptions may not however relate to the provisions of articles 2 and 3. art 7 in the case of simultaneous and unmodified onward transmission in this country of radio programmes under article 6 emanating from abroad or transmitted to sweden by satellite but not emanating from sweden, only the following provisions apply: article 3, paragraph one, prohibiting prior scrutiny and other restrictions; article 3, paragraph three, on the possession of technical aids and the construction of landline networks; article 4, prohibiting interventions except by virtue of this fundamental law; article 5, on the attitude to be adopted in applying this fundamental law; chapter 3, article 1, on the right to transmit radio programmes by landline; and chapter 3, articles 3 and 5, on special legislative procedures and examination before a court of law. if the riksdag has approved an international agreement concerning radio programmes, provisions under article 12, paragraph two, may not constitute an obstacle to onward transmission of radio programmes in breach of the agreement. chapter 10, article 2, contains provisions concerning the right to communicate and procure information and intelligence for publication in radio programmes emanating from abroad. art 8 in the case of radio programmes or part-programmes consisting of live broadcasts of current events, or of religious services or public performances arranged by some person other than the person operating the programme service, the following provisions are not applied: article 2, on the right to communicate and procure information for publication; article 4, prohibiting interventions; article 5, on the attitude to be adopted in applying this fundamental law; chapter 2, on the right to anonymity; chapters 5 to 7, on freedom of expression offences, liability rules and supervision, prosecution and special coercive measures; chapter 9, on court proceedings in freedom of expression cases; and chapter 10, article 2, on the right to communicate and procure information for publication in radio programmes emanating from abroad. art 9 the provisions of this fundamental law concerning radio programmes apply also, in cases other than those stated in article 6, paragraph one, sentence two, when the editorial office of a printed periodical or radio programme, an enterprise for the professional production of printed matter or matter equated with printed matter under the freedom of the press act, or of technical recordings, or a news agency, with the aid of electromagnetic waves: supplies to the general public, in response to a special request, information taken from a database the content of which can only be modified by the person carrying on the activity, either by direct transfer, or indirectly by the production of a technical recording, written document or picture; otherwise, in accordance with a prior agreement, supplies information to the public by direct transfer from a database under point 1; or by means of public playback, supplies information to the public from a database under point 1. the provisions of paragraph one apply also to any other person holding a valid certificate of no legal impediment to publication in respect of such activity. the issue of such a certificate requires that: the activity is organised in the manner referred to in paragraph one and transmissions emanate from sweden; a qualified responsible editor has been appointed and has accepted the appointment; and the activity has a name such that it cannot easily be confused with the name of another activity under this article. a certificate of no legal impediment to publication is valid for ten years from the date of issue. the certificate lapses thereafter. the certificate may be renewed, for ten years at a time with effect from the expiry of the preceding ten-year period, always providing the preconditions exist for issue of such a certificate. the certificate may be rescinded if the preconditions for its issue no longer pertain, if the activity has not commenced within six months from the date of issue of the certificate, or if the person carrying out the activity has given notice that it has been discontinued. if the certificate lapses or is rescinded, provisions laid down in law or other statute apply. more detailed rules concerning the issue, lapse, renewal and rescinding of a certificate of no legal impediment to publication are laid down in law. every database shall have a name. more detailed provisions concerning such names are laid down in law. provisions concerning penalties for persons offending against a provision under paragraph four or five are laid down in law. art 10 this fundamental law applies to technical recordings which have been published. a technical recording is deemed to have been published when it has been delivered for dissemination to the general public in sweden by being played, sold or otherwise made available. the question whether or not this fundamental law is applicable is examined in individual cases on the basis of what can be presumed concerning dissemination. unless otherwise indicated by the circumstances, this fundamental law shall be regarded as applying to a recording containing information under chapter 3, article 13, and chapter 4, article 4. art 11 chapter 1, article 7, paragraph two of the freedom of the press act establishes that certain radio programmes and technical recordings shall be equated with periodicals. art 12 the provisions of chapter 1, articles 8 and 9 of the freedom of the press act to the effect that provisions may, without hindrance of fundamental law, be laid down in law concerning originators' rights, certain commercial advertising, the provision of credit information and the manner in which information is procured shall apply also to radio programmes and technical recordings without hindrance of fundamental law. the rules contained in this fundamental law do not preclude the laying down in law of other provisions concerning bans on commercial advertising in radio programmes or the conditions applying to such advertising. the same applies to provisions concerning bans on and conditions applying to other advertising and the transmission of programmes financed wholly or in part by some person other than the person operating the programme service. art 13 this fundamental law does not apply to pornographic images of persons whose pubertal development is not complete or who are under the age of eighteen. chapter 2. on the right to anonymity art 1 the originator of a radio programme or technical recording is not obliged to disclose his or her identity. the same applies to a person taking part in such an item and to a person who has communicated information under chapter 1, article 2. art 2 in cases concerning liability under penal law, damages or special legal effects on account of freedom of expression offences occurring in a radio programme or technical recording, no person may inquire into the identity of the originator of the item, or of a person who took part in it, made it available for publication or communicated information under chapter 1, article 2. if a person has been declared to be the originator of an item or to have taken part in it, the court may however examine whether he or she is liable. the same applies should any person in the case acknowledge himself or herself to be the originator or person who took part. paragraph one does not preclude consideration in the same court proceedings both of cases which concern freedom of expression offences and of cases which concern offences under chapter 5, article 3. art 3 a person who has been concerned in the production or dissemination of an item comprising or intended to form part of a radio programme or technical recording and a person who has been active in a news agency may not disclose what has come to his or her knowledge in this connection concerning the identity of the person who originated the item or made it available for publication, took part in it or communicated information under chapter 1, article 2. the duty of confidentiality under paragraph one does not apply: if the person in whose favour the duty of confidentiality operates has given his or her consent to the disclosure of his or her identity; if the question of identity may be raised under article 2, paragraph two; if the matter concerns an offence specified in chapter 5, article 3, paragraph one, point 1; in cases when the matter concerns an offence under chapter 5, article 2 or 3, paragraph one, point 2 or 3, a court of law deems it necessary for information to be produced during the proceedings as to whether the defendant, or the person suspected on reasonable grounds of the offence, is the person in whose favour the duty of confidentiality operates under paragraph one; or when, in any other case, a court of law deems it to be of exceptional importance, with regard to a public or private interest, for information concerning identity to be produced on examination of witnesses or of a party in the proceedings under oath. in examination under paragraph two, point 4 or 5, the court shall scrupulously ensure that no questions are put which might encroach upon a duty of confidentiality in excess of what is permissible in each particular case. art 4 no public authority or other public body may inquire into the identity of: the originator of an item released or intended for release in a radio programme or technical recording or a person who has taken part in such an item; the person who made available or intended to make available for publication an item in a radio programme or a technical recording; or the person who communicated information under chapter 1, article 2. this prohibition does not preclude inquiry in a case in which this fundamental law permits prosecution or other intervention. in such cases a duty of confidentiality under article 3 shall however be respected. nor may a public authority or other public body intervene against a person because he or she has, in a radio programme or a technical recording, made use of his or her freedom of the press or assisted therein. art 5 a person who, whether through negligence or by deliberate intent, breaches a duty of confidentiality under article 3 shall be sentenced to pay a fine or to imprisonment for up to one year. the same applies to a person who, whether through negligence or by deliberate intent, communicates false information in a radio programme or technical recording concerning the identity of the person who originated the item or made it available for publication, took part in it or communicated information therein. inquiries made in breach of article 4, paragraphs one and two, are punishable by a fine or imprisonment for up to one year, if made deliberately. deliberate intervention in breach of article 4, paragraph three, provided the said measure constitutes summary dismissal, notice of termination, imposition of a disciplinary sanction or a similar measure, is punishable by a fine or imprisonment for up to one year. legal proceedings may be instituted on account of an offence under paragraph one only provided the injured party has reported the offence for prosecution. chapter 3. on transmission, production and dissemination part 1. radio programmes art 1 every swedish citizen and every swedish legal person has the right to transmit radio programmes by landline. the freedom which follows from paragraph one does not preclude the publication in law of provisions concerning: the obligation of network owners to make space available for certain programmes, to the extent necessary with regard to the public interest in access to comprehensive information; the obligation of network owners to make space available for transmissions, to the extent necessary with regard to the interest of network competition in respect of such transmissions, or the public interest in having access to such transmissions; the obligation of network owners to take steps to assure listeners of influence over programme choice; the obligation of those who transmit television programmes to design the transmissions in a manner that allows people with functional disabilities access to the programmes by means of subtitling, interpretation, spoken text, or similar technical aids; or interventions against programming prominently featuring depictions of violence, pornographic images, or agitation against a population group. art 2 the right to transmit radio programmes other than by landline may be regulated in an act of law containing provisions on licensing and conditions of transmission. the public institutions shall seek to ensure that radio frequencies are utilised in such a way as to result in the widest possible freedom of expression and freedom of information. the opportunity shall exist for organised groups of persons to obtain a licence to broadcast sound radio programmes on local radio transmissions, insofar as available frequencies permit. more detailed provisions in this connection are laid down in law. art 3 in the case of restrictions of the right to broadcast of the nature envisaged in articles 1 and 2, the provisions of chapter 2, articles 21 to 23 of the instrument of government concerning restrictions of fundamental rights and freedoms apply. art 4 a person broadcasting radio programmes is free to determine independently the content of the programmes. art 5 questions concerning the right to broadcast radio programmes are examined before a court of law or a commission, the composition of which is laid down in law and whose chair shall hold currently, or shall have held previously, an appointment as a permanent salaried judge. examination of a government decision shall take place before a court of law and need relate only to the legality of the decision. if the matter relates to a question of intervention on account of an abuse of the freedom of expression, the case shall be examined by a court of law sitting with a jury, in accordance with detailed rules laid down in law. this does not however apply if the matter relates to a violation of provisions or conditions regarding commercial advertising, other advertising or transmission of radio programmes under chapter 1, article 12, paragraph two. art 6 provisions may be laid down in law concerning the obligation to retain recordings of radio programmes and make them available for subsequent scrutiny, and to furnish them to archives. art 7 provisions aimed at preventing the dissemination through radio programmes of maps, drawings or pictures which represent sweden, either in whole or in part, and which contain information of significance for the defence of the realm, may be laid down in law. part 2. technical recordings art 8 every swedish citizen and every swedish legal person has the right to produce and disseminate technical recordings. scrutiny and approval under chapter 1, article 3, paragraph two, may however be required for the right to show in public a film, video recording or other technical recording containing moving pictures. art 9 provisions concerning an obligation to retain copies of technical recordings and make them available for scrutiny may be laid down in law. provisions may also be laid down in law concerning an obligation to furnish copies of such recordings to a public authority and provide information in connection with such obligation. art 10 no postal service or other common carrier may refuse to forward technical recordings on grounds of their content other than in cases where forwarding would constitute a violation under article 13, paragraph three or four. a common carrier who accepts a technical recording for forwarding shall not be regarded as the disseminator of the recording under chapter 6. art 11 the provisions laid down in law concerning a case in which, for gainful purposes, a person supplies to a person under the age of fifteen a film, video recording or other technical recording containing moving pictures with detailed representations of a realistic nature which include acts of violence or threats of violence against persons or animals apply without hindrance of this fundamental law. art 12 the rules set out in this fundamental law do not preclude the laying down in law of provisions concerning penalties and special legal effects in respect of a person who: exhibits pornographic pictures on or at a public place by displaying them or the like in a manner liable to cause offence to the general public; supplies pornographic pictures by post or other means to a person who has not ordered them in advance; or disseminates among children and young persons technical recordings which by reason of their content might have a brutalising effect or result in other serious danger to the young. the same applies in respect of penalties and special legal effects for a person who offends against provisions concerning the scrutiny and approval of films, video recordings or other technical recordings containing moving pictures which are intended for public showing, and of moving pictures in such a public playback from a database under chapter 1, article 9, paragraph one, point 3. provisions aimed at preventing the dissemination through technical recordings of maps, drawings or pictures which represent sweden, either in whole or in part, and which contain information of significance for the defence of the realm, may be laid down in law. art 13 copies of technical recordings produced in sweden and intended for dissemination in this country shall be provided with clear information indicating who caused the recording to be made and where, when and by whom the copies were made. more detailed rules in this connection may be laid down in law. a person who produces a technical recording and thereby offends, through negligence or by deliberate intent, against paragraph one, or against rules referred to therein, shall be sentenced to pay a fine or to imprisonment for up to one year. a person who disseminates a technical recording which lacks, through negligence or by deliberate intent, any of the information prescribed in paragraph one shall be sentenced to pay a fine. the same shall apply if such information is incorrect and this fact is known to the disseminator. a person who knowingly disseminates a technical recording after it has been impounded or confiscated under this fundamental law shall be sentenced to pay a fine or to imprisonment for up to one year. art 14 provisions concerning an obligation of a person who professionally sells or rents films, video recordings or other technical recordings containing moving pictures to notify this circumstance to a public authority for registration may be laid down in law or, where the content of such notification or the detailed procedure for lodging such notification is concerned, by virtue of law. part 3. pre-ordered copies of recordings, written documents and pictures art 15 the name of the database and information about when, where and how the recording, written document or picture was produced shall be apparent from such a technical recording, written document or picture under chapter 1, article 9, paragraph one, point 1. the person carrying on the activity shall ensure that the recording, written document or picture carries such information. more detailed rules concerning this matter may be laid down in law. a person who, through negligence or by deliberate intent, offends against paragraph one, or against rules referred to therein, shall be sentenced to pay a fine or to imprisonment for up to one year. a person who, through negligence or by deliberate intent, supplies a technical recording, written document or picture under chapter 1, article 9, paragraph one, point 1, which lacks any of the information prescribed in paragraph one, shall be sentenced to pay a fine. the same applies if such information is incorrect and this is known to the person supplying the recording, written document or picture. chapter 4. on responsible editors art 1 radio programmes and technical recordings shall have a responsible editor. a programme editor shall be appointed for each radio programme or programme service, or part thereof, in accordance with more detailed provisions laid down in law. the responsible editor is appointed by the person operating the broadcasting service or causing the technical recording to be made. art 2 the responsible editor shall be a swedish citizen. it may be prescribed in law that also a foreign national may be a responsible editor. a person who is a responsible editor shall be domiciled within the realm. no person who is a minor or an undischarged bankrupt, or for whom an administrator has been appointed under special provisions of law, may be a responsible editor. information shall be available to the general public concerning the identity of the responsible editor. art 3 the responsible editor shall have the power to supervise the public release of the item and to determine its contents in such a way that nothing may be included therein against his or her will. any restriction of these powers shall be null and void. art 4 the identity of the responsible editor shall be apparent from a technical recording. the responsible editor shall ensure that every copy of the recording carries such information. the identity of the responsible editor of the database shall be apparent from a technical recording, written document or picture under chapter 1, article 9, paragraph one, point 1. the responsible editor shall ensure that every copy carries such information. information concerning the responsible editor of a radio programme shall be kept available to the general public in accordance with more detailed provisions laid down in law. art 5 a responsible editor appointed for a sound radio programme service may appoint one or more deputies. the provisions of articles 2 to 4 concerning responsible editors shall apply also to deputies. if the appointment of the responsible editor is terminated, appointments as deputies are also terminated. art 6 a person who, through negligence or by deliberate intent, offends against article 1 shall be sentenced to pay a fine or, if the circumstances are exceptionally aggravating, to imprisonment for up to one year. a person who, through negligence or by deliberate intent, offends against article 4, paragraph one, shall be sentenced to pay a monetary fine. penalties may be laid down in law for persons who offend against provisions of law laid down by virtue of article 4 or 5. chapter 5. on freedom of expression offences art 1 the acts listed as freedom of the press offences in chapter 7, articles 4 and 5 of the freedom of the press act shall be regarded as freedom of expression offences if they are committed in a radio programme or technical recording and are punishable under law. under the same conditions, unlawful portrayal of violence whereby a person intrusively or protractedly portrays in moving pictures gross acts of violence against persons or animals, with intent to disseminate the item, shall also be regarded as a freedom of expression offence unless the act is justifiable with regard to the circumstances. art 2 acts which under chapter 7, article 2 of the freedom of the press act shall not be regarded as freedom of the press offences because they are committed by means of communications in which the offence is concealed, shall not be regarded as freedom of expression offences either. art 3 if a person communicates information under chapter 1, article 2, or, without being liable under chapter 6, contributes to an item intended for publication in a radio programme or technical recording, either as an author or other originator, or by taking part in the radio programme, and thereby renders himself or herself guilty of: high treason, espionage, gross espionage, gross unauthorised trafficking in secret information, insurrection, treason or betrayal of country, or any attempt, preparation or conspiracy to commit such an offence; wrongful release of an official document to which the public does not have access, or release of such a document in contravention of a restriction imposed by a public authority at the time of its release, where the act is deliberate; or deliberate disregard of a duty of confidentiality in the cases specified in a special act of law; provisions of law concerning liability for such an offence apply. if a person procures information or intelligence for a purpose referred to in chapter 1, article 2, and thereby renders himself or herself guilty of an offence under paragraph one, point 1, provisions of law concerning liability for such an offence apply. the provisions of chapter 2, article 22, paragraph one of the instrument of government concerning special legislative procedures shall apply also to proposals for provisions under paragraph one, point 3. art 4 provisions of law concerning penal sanctions on account of offences under article 1 shall apply also when the offence is to be regarded as a freedom of expression offence. rules are set out in chapter 8 concerning damages on account of freedom of expression offences. when a person is convicted of defamation or using insulting language or behaviour under article 1, paragraph one, the court may rule, on a petition by the other party, that, if the offence was committed in a radio programme, the verdict of the court shall be reproduced in full or in part in a radio programme transmitted by the same broadcasting service. the court may decide that the obligation to reproduce the verdict shall relate to a summary prepared by the court. art 5 in determining penal sanctions on account of a freedom of expression offence, the court shall pay particular attention to whether a correction has been published. art 6 a technical recording which contains a freedom of expression offence may be confiscated. if the offence is unlawful portrayal of violence, provisions of law concerning special legal effects in other respects shall apply. in the event of confiscation, all copies intended for dissemination shall be destroyed. it shall further be ensured that material capable of being used specifically to duplicate the technical recording concerned cannot be used to make further copies. chapter 6. liability rules art 1 liability under penal law for freedom of expression offences committed in a radio programme or technical recording rests with the responsible editor. if a deputy is acting in place of the responsible editor, liability rests with the deputy. in the case of direct broadcasts of radio programmes other than programmes under chapter 1, article 8, it may be laid down in law that a person taking part in a programme shall himself or herself be liable for his or her own utterances. art 2 liability under penal law for freedom of expression offences which would otherwise rest with the responsible editor rests with the person responsible for appointing the responsible editor if: there was no qualified responsible editor at the time when the offence was committed; the responsible editor was appointed for appearance's sake or was manifestly incapable of exercising the powers set out in chapter 4, article 3; or information concerning the responsible editor has not been kept available to the general public in the prescribed manner. if a deputy was acting in place of the responsible editor but was no longer qualified at the time when the offence was committed, or if his or her appointment had been terminated or some circumstance pertained concerning him or her of a nature set out in paragraph one, point 2 or 3, liability for freedom of expression offences rests with the responsible editor. if a technical recording lacks the information prescribed in chapter 3, article 13, paragraph one, concerning who caused it to be made, and clarity cannot be reached concerning his or her identity, or he or she has no known domicile in sweden and cannot be reached in sweden during the court proceedings, liability for freedom of expression offences committed in the technical recording rests with the disseminator instead of with the person stipulated in paragraph one. the provisions laid down in paragraph three concerning a case in which information is lacking apply also if the information provided implies that the person who caused the technical recording to be made is domiciled abroad, or if the information is incorrect and this fact is known to the disseminator. art 3 if legal proceedings are instituted on account of a freedom of expression offence and the defendant considers some circumstance pertains as a result of which he or she shall not be liable, he or she shall adduce this circumstance prior to the main hearing. if he or she fails to do so, he or she will be regarded as liable. art 4 the person liable under this chapter for a freedom of expression offence in an item shall be regarded as having had knowledge of the content of the item. he or she shall also be regarded as having consented to its publication. chapter 7. on supervision, prosecution and special coercive measures art 1 the rules laid down in chapter 9, articles 1 to 4 of the freedom of the press act concerning supervision and prosecution shall apply also with regard to radio programmes and technical recordings, and freedom of expression cases. the chancellor of justice may delegate a public prosecutor to act as prosecutor in a freedom of expression case which concerns liability or confiscation on account of unlawful portrayal of violence, agitation against a population group, offences against civil liberty, unlawful threats, threats made against a public servant or perversion of the course of justice committed in a technical recording. the right to institute legal proceedings may not however be delegated where the matter concerns the freedom of expression offences agitation against a population group or offences against civil liberty. in the case of radio programmes, the period within which legal proceedings may be instituted for a freedom of expression offence is six months from the date on which the programme was broadcast, or, where the matter concerns the making available of information under chapter 1, article 9, paragraph one, points 1 and 2, from the date on which the information was no longer kept available. concerning such public playback from a database under chapter 1, article 9, paragraph one, point 3, the period is six months from the date of the playback. in the case of technical recordings, the period is one year from the date on which the recording was published. in the case of recordings which lack any of the information prescribed under chapter 3, article 13, however, the rules laid down in law concerning the period during which an action may be brought apply, with the limitation that legal proceedings may not be instituted more than two years from the date on which the recording was brought to the attention of the chancellor of justice. art 2 if a freedom of expression offence has been committed in a technical recording and no one is liable under chapter 6 for the offence, the public prosecutor or the plaintiff may apply to have the recording confiscated instead of instituting legal proceedings. the same applies if no summons can be served in sweden on the person liable for the offence. art 3 the provisions laid down in chapter 10 of the freedom of the press act concerning the impoundment of printed matter shall apply also concerning the impoundment of technical recordings. in the case of recordings, written documents or pictures under chapter 1, article 9, paragraph one, point 1, where the matter concerns impoundment for the purpose of investigation on account of a freedom of expression offence, the provisions of chapter 10, article 14 of the freedom of the press act apply. in the case of technical recordings, the provisions laid down in paragraphs two and three of this article however apply in place of chapter 10, articles 6 and 8, paragraph two of the freedom of the press act. if the time referred to in chapter 10, article 4 of the freedom of the press act is insufficient with regard to the scope of the impoundment or for any other reason, the court may allow an extension following a submission from the chancellor of justice. such extension shall not relate to a period in excess of what is unavoidably necessary and may not amount to more than two weeks in all. the provisions of chapter 10, article 3, paragraph two of the freedom of the press act do not apply if the chancellor of justice has delegated a public prosecutor to act as prosecutor in a freedom of expression case under article 1, paragraph one of this chapter. the provisions of chapter 10, articles 2, 4 and 14 of the freedom of the press act and of this article regarding the duties of the chancellor of justice apply in such a case also to the public prosecutor. all impoundment orders shall indicate which passage or passages in the item occasioned the order. if it is not possible when effecting an impoundment order under chapter 10, article 14 of the freedom of the press act to indicate every such passage in detail, the passages which are being adduced as of a criminal nature shall be set out in a separate decision as soon as possible after the event. impoundment relates only to the specific discs, reels or other such parts of the recording in which the passages occur. proof of an impoundment order shall be furnished as soon as possible, and free of charge, to the person against whom impoundment has been effected and to the person who caused the technical recording to be made. such proof shall indicate the passage or passages in the recording which occasioned the order. art 4 it may be laid down in an act of law that a commission, the composition of which is laid down in law and whose chair shall hold currently, or shall have held previously, an appointment as a permanent salaried judge, shall examine whether a radio programme which has been transmitted by some means other than landline complies with the provisions or other conditions applying to such transmissions. such a commission may only express an opinion and enjoin the transmitter to observe the provisions or conditions. the act of law may prescribe that an injunction of the commission may be associated with penalties. questions concerning liability for freedom of expression offences and the imposition of penalties are always examined by a court of law under chapter 3, article 5. art 5 it may be laid down in an act of law that there shall be special supervision to ensure that there is no abuse of the freedom of expression in films, video recordings or other technical recordings containing moving pictures by means of unlawful portrayal of violence, and to ensure that recordings of this nature which contain violence or threats of violence are not disseminated for gainful purposes to persons under the age of fifteen. it may be prescribed in this connection that a supervising authority shall be empowered to take temporarily into safekeeping a copy of a film, video recording or technical recording containing moving pictures which it can be presumed includes unlawful portrayal of violence. art 6 the provisions concerning restrictions of fundamental rights and freedoms contained in chapter 2, articles 21 to 23 of the instrument of government apply in respect of provisions under articles 4 and 5. chapter 8. on damages art 1 damages on grounds of the content of a radio programme or technical recording may only be awarded in cases in which the item contains an offence against the freedom of expression. provisions of law apply in respect of damages on account of offences under chapter 5, articles 2 and 3. art 2 the person who is liable under penal law according to chapter 6 is liable also for damages. damages may also be claimed from the person who operates the programme service or caused the technical recording to be made. in cases under chapter 1, article 8, the perpetrator is liable for damages on account of offences committed by him or her during the transmission. damages may also be claimed from the person who operates the programme service. art 3 if the person liable under penal law has no known domicile in sweden at the time of the offence and cannot be reached here during the court proceedings, with the result that liability passes under chapter 6, article 2, paragraph three, to some other person, damages may still be claimed also from the first-named, insofar as this is permitted in law. art 4 the provisions of chapter 6, article 4 of this fundamental law shall apply also in respect of damages on account of freedom of expression offences committed in a radio programme or technical recording. the provisions of chapter 11, articles 3 to 5 of the freedom of the press act on private claims for damages in certain cases shall apply also in respect of such damages. chapter 9. on court proceedings in freedom of expression cases art 1 the provisions laid down in chapter 12 of the freedom of the press act concerning court proceedings in freedom of the press cases shall apply also in respect of the corresponding cases relating to radio programmes and technical recordings (freedom of expression cases). the reference in chapter 12, article 2 of the freedom of the press act to chapter 8 of the freedom of the press act shall relate in this connection to chapter 6 of this fundamental law. persons appointed jurors for freedom of the press cases shall be jurors also for freedom of expression cases. chapter 10. on radio programmes and technical recordings emanating from abroad etc. art 1 the provisions laid down in chapters 1 to 9 and chapter 11 also apply to technical recordings produced abroad and delivered for dissemination in sweden. the provisions otherwise laid down concerning the person who caused the recording to be made shall apply instead in this connection to the person who delivered it for dissemination in sweden. the provisions of chapter 13, article 6 of the freedom of the press act shall however apply in relevant parts in respect of the right to communicate and procure information and intelligence for publication and the right to anonymity. in this connection, the reference to chapter 1, article 1, paragraphs three and four of the freedom of the press act shall relate to chapter 1, article 2 of this fundamental law; the reference to chapter 3 of the freedom of the press act shall relate to chapter 2 of this fundamental law; the reference to chapter 3, article 3 of the freedom of the press act shall relate to chapter 2, article 3 of this fundamental law; and the reference to chapter 7, article 3, paragraph one, point 2 of the freedom of the press act shall relate to chapter 5, article 3, paragraph one, point 2 of this fundamental law. art 2 whatever applies under article 1 in respect of the right to communicate and procure information and intelligence and the right to anonymity applies also to radio programmes broadcast from transmitters outside sweden and to technical recordings not delivered for dissemination in sweden, regardless of whether the recording was made in sweden or abroad. exceptions to the right to communicate and procure information in respect of radio programmes transmitted from the high seas or the airspace over the high seas may however be laid down in law. chapter 11. general provisions art 1 the provisions laid down in chapter 14, articles 1 to 3 of the freedom of the press act concerning the re-opening of closed cases, examination of freedom of the press cases before a higher instance and prompt handling of such cases shall apply also in respect of corresponding cases under this fundamental law. provisions laid down in an act of law or other statute apply in all respects not specially regulated in this fundamental law or in an act of law adopted by virtue of this fundamental law. foreign nationals are equated with swedish citizens in respect of freedom of expression under this fundamental law unless otherwise provided in law. transitional provisions part 1. transitional provisions 1991 this fundamental law comes into force on 1 january 1992. the new provisions shall not apply to radio programmes transmitted before the law comes into force. in the case of films and sound recordings delivered for dissemination before the law comes into force, the new provisions shall apply with the following exceptions: a film or sound recording shall be regarded as having been delivered for dissemination on the date on which this fundamental law comes into force; the provisions of chapter 2, chapter 3, article 13, paragraphs one to three, chapter 4, chapter 6, articles 1 to 5, and chapter 10, article 1, paragraph one, sentence two, shall not apply; the disseminator of a film shall be liable under law for a freedom of expression offence committed in the film, if dissemination would have been punishable also under older provisions; liability for freedom of expression offences in a sound recording rests with the originator and the person who has taken part in the recording, if they are to be regarded as the perpetrators, and with the person who caused the recording to be made and the disseminator, always provided that their actions would have been punishable also under older provisions; contrary to the provisions of chapter 8, article 2, paragraph one, damages may be claimed for the content of a film or sound recording, from the person liable in penal law under points (c) and (d); the new provisions do not apply in respect of dissemination before the law comes into force of films portraying sexual violence or coercion, or intrusive or protracted portrayal of gross violence against persons or animals; the new provisions are not applied if criminal proceedings have been instituted before the law comes into force. if application of the new provisions would have resulted in freedom from penal sanctions, such shall however not be exacted. part 2. transitional provisions relating to 1998 amendments this act comes into force on 1 january 1999. in the case of technical recordings not covered by earlier wording and delivered for dissemination before the act comes into force, the new provisions shall apply with the following exceptions: a technical recording shall be regarded as having been delivered for dissemination on the date on which this act comes into force; the provisions of chapter 2, chapter 3, article 13, paragraphs one to three, chapter 4, chapter 6, articles 1 and 2, and chapter 10, article 1, paragraph one, sentence two, shall not apply; the disseminator of a technical recording shall be liable under law for a freedom of expression offence committed in the recording, if the act would have been punishable also under older provisions; contrary to the provisions of chapter 8, article 2, paragraph one, damages may be claimed for the content of a technical recording from the person liable in penal law under point (c), if a liability for damages would have existed under provisions of ordinary law; the new provisions do not apply in respect of dissemination before the act comes into force of technical recordings with pictures which include portrayal of sexual violence or coercion; the new provisions are not applied if criminal proceedings have been instituted before the act comes into force. if application of the new provisions would have resulted in freedom from penal sanctions, such shall however not be exacted. the older provisions shall be applied to sound recordings delivered for dissemination before the act comes into force. older provisions are applied in cases affecting portrayal of children in pornographic pictures if criminal proceedings have been instituted before the act comes into force. part 3. transitional provisions relating to 2002 amendments this law comes into force on 1 january 2003. older provisions apply to such making available of information under chapter 1, article 9, as occurs before the law comes into force. the new provision in chapter 7, article 1, paragraph two, sentence one, concerning the period of limitation for freedom of expression offences committed by making available information under chapter 1, article 9, applies only to information which still forms part of the database when the law comes into force. the new provision in chapter 7, article 1, paragraph two, sentence three, applies only to technical recordings published after the law comes into force. the riksdag act chapter 1. sessions part 1. time of elections to the riksdag art 1 ordinary elections to the riksdag are held in september. rules concerning the timing of extraordinary elections are laid down in chapter 3, article 11, and chapter 6, article 5 of the instrument of government. part 2. start of sessions art 2 the riksdag convenes for a new session after an election on the fifteenth day after election day, but not before the fourth day after the election result has been declared, in accordance with the rules laid down in chapter 3, article 10 of the instrument of government. in years in which no ordinary election is held, a new session starts on that date in september determined by the riksdag at the preceding session in response to a proposal from the riksdag board. if an extraordinary election has been announced prior to the date appointed, a new session starts in accordance with the provisions of paragraph two, provided the riksdag convenes before the end of june as a result of the election. a riksdag session continues until the start of the next session. art 3 a report from the election review board concerning the examination of the election warrants of members and alternate members is presented at the first meeting of the chamber in an electoral period. a roll-call of members is taken thereafter. the chamber then proceeds to elect a speaker and deputy speakers in accordance with chapter 8, article 1, and a nominations committee in accordance with chapter 7, article 2. at other sessions of the riksdag, a roll-call of members is taken at the first meeting of the chamber. reports on the examination of warrants received during an electoral period are presented as soon as possible. supplementary provision 1.3.1 the first meeting of the chamber in a session starts at 11 a.m. the secretariat of the chamber shall notify members of the time of the first meeting. part 3. opening of the riksdag session art 4 the formal opening of a riksdag session takes place at a special meeting of the chamber held no later than the third day of the session. at this meeting, the head of state declares the session open at the invitation of the speaker. if the head of state is unable to attend, the speaker declares the session open. at this meeting, the prime minister delivers a government policy statement unless there are special grounds why he or she should refrain from so doing. the speaker determines procedure at this meeting after conferring with the deputy speakers. supplementary provision 1.4.1 the formal opening of the session after an election to the riksdag takes place at 2 p.m. on the second day of the session, or otherwise on the first day of the session at the same time. the speaker may appoint another time. part 4. direction of the work of the riksdag by the speaker and the riksdag board art 5 the speaker, or in his or her place one of the deputy speakers, directs the work of the riksdag. the riksdag board deliberates on the organisation of the work of the riksdag, directs the work of the riksdag administration and determines matters of major significance concerning the riksdag's international contacts programme. the riksdag board consists of the speaker as chair and ten other members whom the riksdag appoints from among its members for the duration of the electoral period. each of the parliamentary party groups which corresponds to a party which obtained at least four per cent of the votes throughout the whole of the realm at the preceding election to the riksdag shall appoint a special representative to confer with the speaker concerning the work of the chamber, in accordance with the rules laid down in this act. supplementary provision 1.5.1 the riksdag board convenes at a summons from the speaker. supplementary provision 1.5.2 if the speaker is unable to attend, one of the deputy speakers will take his or her place as chair of the meetings of the riksdag board. the riksdag appoints ten deputies for the elected members of the riksdag board. the place of an absent member is taken by a deputy belonging to the same party group. each party group appoints a personal deputy for its special representative. the riksdag board meets behind closed doors. if the board wishes to obtain information from a person who is not a member of the board, it may summon him or her to attend a meeting. the deputy speakers, those of the special representatives of the party groups who are not members of the board, and the secretary-general of the riksdag may participate in the deliberations of the board. part 5. leave of absence from the duties of a member of the riksdag art 6 a member of the riksdag may be granted leave of absence from his or her duties after the member's reasons have been examined. if a member has been granted leave of absence for at least one month, the member's duties shall be carried out by an alternate for the duration of his or her absence. an application for leave of absence is considered by the speaker in the case of absence for a period of less than one month, and by the riksdag in the case of a longer period. an application which is made during a break of more than one month in the work of the chamber is however always considered by the speaker. supplementary provision 1.6.1 an application for leave of absence from the duties of a member of the riksdag shall include the reasons for the absence. the application shall relate to leave of absence for a specific period. part 6. summons to an alternate to attend art 7 when an alternate member is to replace the speaker or a member of the riksdag who is a minister, in accordance with the rules laid down in chapter 4, article 13 of the instrument of government, or a member of the riksdag, in accordance with the rules laid down in article 6 above, the speaker shall summon the alternate to take up his or her duties. in this connection, the speaker shall follow the order of precedence between alternates determined in the law on elections to the riksdag. the speaker may however depart from this order where special grounds exist. supplementary provision 1.7.1 an alternate member who is to exercise a mandate as a member of the riksdag shall receive a written warrant to this effect. the warrant shall indicate the member whom the alternate will replace and the dates of the beginning and end of the appointment. a separate warrant may be issued setting out the date on which the appointment shall terminate. the speaker shall notify the chamber when an alternate replaces a member and when a member resumes his or her seat. art 8 if a member resigns his or her mandate, an alternate member who has been replacing that member shall continue to exercise the mandate until a new member has been appointed. part 7. the chairmen's conference art 9 the chairmen's conference deliberates on matters of common concern for the activities of the chamber, the riksdag committees and the committee on european union affairs. the chairmen's conference consists of the speaker, acting as chair, and the chairs of the riksdag committees and the committee on european union affairs chapter 2. meetings of the chamber part 1. duties of the speaker art 1 the speaker presides over the meetings of the chamber. the speaker is debarred from speaking on the substance of any matter under deliberation which has been entered in the order paper. supplementary provision 2.1.1 when presiding over the meetings of the chamber the speaker is assisted by a clerk of the chamber. part 2. replacement for the speaker art 2 the speaker may delegate to a deputy speaker the duty of presiding over a meeting. in the absence of the speaker and all the deputy speakers, that member among those present who has been a member of the riksdag longest presides. if two or more members have been members of the riksdag equally long, the member who is senior in age has precedence. the same shall apply pending the election of the speaker and the deputy speakers. the provisions of article 1 restricting the speaker's right to speak shall apply also to a deputy speaker and to any other member presiding over a meeting of the chamber. part 3. seating of members in the chamber art 3 each member shall have his or her own appointed place in the chamber. supplementary provision 2.3.1 members take their seats in the chamber by constituencies. special places shall be provided for the speaker and deputy speakers and for ministers. part 4. meetings open to the public and meetings behind closed doors art 4 the riksdag may determine that a meeting shall be held behind closed doors, if necessary, with regard to the security of the realm, or otherwise, with regard to relations with another state or an international organisation. if the government is to deliver a statement at a meeting, the government may also determine, on the same grounds as the riksdag, that the meeting shall be held behind closed doors. a member or official of the riksdag may not without authority disclose anything that has occurred at a meeting held behind closed doors. the riksdag may, however, waive the duty of confidentiality, in whole or in part, in a particular case. supplementary provision 2.4.1 special places shall be provided in the chamber for the general public. a member of the public who creates a disturbance may be ejected forthwith. in the event of disorder developing among the general public, the speaker may have all the members of the public ejected. a visitor to the public gallery shall surrender, on request, his or her outdoor clothing, carrying bags, and any objects capable of being used to create a disturbance in the chamber. a person who fails to comply with such a request may be refused admission to the public gallery. personal possessions thus surrendered shall be stored in special accommodation for the duration of the visit. rules concerning security controls are laid down in the act on security controls in the riksdag (sfs 1988:144). part 5. summons to meetings art 5 the chamber convenes in response to a summons from the speaker unless otherwise provided in the instrument of government or in this act. the summons shall indicate whether the meeting is a plenary meeting at which committee reports may be taken up for settlement. a summons shall be posted in the premises of the riksdag no later than 6 p.m. on the day prior to the meeting and at least fourteen hours in advance. a summons may however be posted later in exceptional circumstances. in such a case, the meeting shall take place only if more than half the members of the riksdag consent thereto. supplementary provision 2.5.1 publication of notice of meetings of the chamber and other activities in the riksdag shall be determined by the speaker. supplementary provision 2.5.2 when an election is to be held, this shall be specially indicated in the summons. part 6. breaks in the work of the chamber art 6 the speaker determines what breaks of a week or more shall be made in the work of the chamber during the current session, after conferring with the riksdag board. if the government has called an extraordinary election, the speaker may determine, in response to a request from the government, that the work of the chamber shall be suspended for the remainder of the electoral period. the speaker may determine that a break in the work of the chamber shall be interrupted. such a decision shall be taken if so requested by the government or by at least one hundred and fifteen members. the speaker shall convene a meeting of the chamber to be held within ten days from the submission of such a request. supplementary provision 2.6.1 notice shall be published of the time of the first meeting of the chamber after a break in the work of the chamber has been interrupted. the secretariat of the chamber shall notify the members of the riksdag concerning the time of such a meeting of the chamber. part 7. order paper art 7 the speaker shall prepare an order paper for each meeting listing all matters on the table of the chamber. an exception may be made for a matter which it is assumed will be dealt with behind closed doors. the order paper shall indicate whether the meeting is a plenary meeting at which committee reports may be taken up for settlement. business shall be dealt with at a meeting in the order in which it appears on the order paper. business includes elections scheduled to be held at a meeting. supplementary provision 2.7.1 a motion calling for a referendum on a matter of fundamental law, a vote on a prime minister in accordance with chapter 6, article 3 of the instrument of government, a proposal for a new prime minister or a motion calling for a declaration of no confidence is entered as the first item on the order paper. if there are several such matters, they are taken in the order indicated above. this also applies to the order to be followed between a vote on a prime minister and a motion calling for a declaration of no confidence unless otherwise determined by the speaker. business shall otherwise be entered in the following order unless otherwise determined by the speaker: elections; government bills and written communications from the government; 3. submissions and reports from riksdag bodies other than committees; private members' motions; documents from the eu referred to in chapter 10, articles 5, 6 and 8; and committee reports and such statements as are referred to in chapter 10, articles 5,6 and 8, in the order in which the committees are listed in supplementary provision 4.2.1. supplementary provision 2.7.2 the order paper shall indicate whether a matter is to be tabled, referred to a committee or taken up for settlement. a special note shall be appended if a committee, or the speaker, has proposed that a matter shall be taken up for settlement after it has been tabled only once. supplementary provision 2.7.3 rules concerning notes to be included in the order paper in special cases are laid down in supplementary provisions 2.10.1, 3.6.2, 5.1.2 and 6.1.2. supplementary provision 2.7.4 the order paper shall be available in the chamber and otherwise as determined by the speaker. part 8. termination and adjournment of a meeting art 8 a decision to terminate or adjourn a meeting in progress is taken by the chamber without prior deliberation. part 9. putting questions for decision art 9 the speaker puts the questions for decision, based on the motions which have been put forward. if the speaker considers that a motion conflicts with fundamental law or with this act, he or she shall refuse to put the question, stating the reasons for this decision. if the chamber requests nevertheless that the question be put, the speaker shall refer the matter to the committee on the constitution for decision. the speaker may not refuse to put the question if the committee has declared that the motion does not conflict with fundamental law or with this act. the provisions set out in paragraph one concerning examination of the constitutionality of a motion shall not apply to the question whether chapter 2, article 22, paragraph one of the instrument of government is applicable to a particular draft law. part 10. right to speak art 10 every member and every minister shall be entitled to speak freely at a meeting on all matters under deliberation and on the legality of all that takes place at the meeting, with the exceptions set out in this act. the head of state may deliver a declaration of office before the chamber. the speaker may determine, after conferring with the special representatives of the party groups, that a debate shall take place at a meeting of the chamber on matters unconnected with other business under consideration. such a debate may be restricted to one particular subject or may be divided up according to subject. supplementary provision 2.10.1 notice of a debate under article 10, paragraph three, shall be entered in the order paper for the meeting at which the debate will take place. part 11. disqualification art 11 no one may be present at a meeting when a matter is being deliberated which personally concerns himself or herself or a close associate. a minister may however participate in the deliberation of a matter concerning the performance of his or her official duties. part 12. restrictions on the freedom to speak art 12 no speaker at a meeting may speak inappropriately of another person, use personally insulting language, or otherwise behave in word or deed in a way that contravenes good order. a person who has the floor shall confine his or her intervention to the matter under deliberation. should anyone offend against the provisions of paragraph one or two and fail to comply with the speaker's admonition, the speaker may debar him or her from speaking for the remainder of the debate. part 13. arrangement of debates art 13 the speaker shall confer with the special representatives of the party groups concerning the arrangement of debates in the chamber. part 14. limitation of the right to speak art 14 the riksdag may prescribe a limit to the number of interventions a speaker may make during the deliberation of a matter and the duration of such interventions in a supplementary provision of this riksdag act. a distinction may be made in this connection between different categories of speakers, such as ministers and majority or minority spokesmen for a committee, or spokesmen for a party group, and between speakers who have given prior notice before the meeting of their intention to speak and speakers who have not so done. such limitation of the right to speak may also be specially approved in conjunction with the deliberation of a particular issue in response to a proposal from the speaker. the decision is taken without prior deliberation. each and every person wishing to speak on an issue shall however be entitled to speak for at least four minutes. supplementary provision 2.14.1 a person who wishes to speak in a debate in the chamber shall, if possible, notify the secretariat of the chamber to this effect no later than 4.30 p.m. on the day prior to the meeting at which the deliberations will commence. such notice shall indicate the expected duration of the intervention. an intervention by a member who has not given prior notice under paragraph one shall be limited to four minutes, unless the speaker finds that grounds exist for permitting an extension. a further intervention by a member who has already spoken during the deliberation of a particular issue shall be limited to two minutes. the rules laid down in paragraphs one to three shall not apply when a reply is given to an interpellation or a question. supplementary provision 2.14.2 the speaker shall determine the duration of interventions in a specially-arranged debate under article 10, paragraph three, after conferring with the special representatives of the party groups. part 15. order of speakers art 15 the speaker shall determine the order of speakers from among those giving notice before the deliberation of a particular issue that they wish to speak. members asking leave to speak during the deliberations shall speak in the order in which they give notice to this effect. irrespective of the order of speakers, and without prior notice, the speaker may: give the floor to a minister who has not previously spoken; and give the floor to a minister or a member who has previously spoken for the purpose of making a rejoinder which contributes information or corrects remarks made by a previous speaker, or in order to refute an allegation made by a previous speaker. supplementary provision 2.15.1 irrespective of the order of speakers, and without having given prior notice, a minister who has not spoken previously in the deliberation of a particular issue may be given the floor for an intervention of no more than ten minutes' duration. the duration of a rejoinder may not exceed two minutes unless the speaker permits an extension to four minutes on special grounds. each speaker may be permitted to make two rejoinders in the context of the same principal intervention. if the speaker has already given a member leave to make a rejoinder, he or she shall be allowed to make his or her rejoinder before a minister makes an intervention breaking into the order of speakers. supplementary provision 2.15.2 irrespective of the order of speakers, a member may indicate his or her concurrence with a preceding speaker in the course of the deliberation of an issue without stating his or her reasons. supplementary provision 2.15.3 a speaker shall address the chamber from the rostrum or from his or her place in the chamber. the speaker may however designate another place in the chamber. part 16. records art 16 a verbatim record shall be kept of proceedings in the chamber. no one may speak off the record. a decision may not be altered when the record is confirmed. the record of meetings of the chamber and associated documents shall be published in print unless secrecy is imposed under special provisions. supplementary provision 2.16.1 a statement made at a meeting shall be taken down in shorthand, transcribed and made available at the secretariat of the chamber without delay. if the speaker has registered no complaint against the transcript by 12 noon of the third working day following the meeting, not counting saturdays, he or she shall be presumed to have approved it. if the speaker adjusts the transcript, he or she should append his or her signature or initials thereto. supplementary provision 2.16.2 a record is confirmed by the chamber on the fifth working day following the meeting, if the riksdag meets on that day, or, failing that, at the next meeting thereafter. a record which cannot be confirmed within one month is confirmed at such time as the speaker determines. the record is confirmed in the presence of the members in attendance. when a record is confirmed, a member is entitled to request correction of the record in respect of a statement which has been approved by another member under 2.16.1. chapter 3. introduction of business part 1. government bills art 1 the government submits a proposal to the riksdag in the form of a government bill. a government bill shall include the government minutes in the matter, an account of the preparation of the matter and a motivation of the proposal. bills containing proposals for legislation shall include the opinion of the council on legislation, if such exists. supplementary provision 3.1.1 a government bill is delivered to the secretariat of the chamber. it is notified by the speaker to a meeting of the chamber after copies have been made available to members in printed form. part 2. the budget bill art 2 the budget year starts on 1 january. prior to this date, the government shall submit a bill setting out proposals for state revenue and expenditure for the budget year (the budget bill). the budget bill shall contain a budget statement and a budget proposal. if the riksdag has approved the allocation of state spending to expenditure areas under the rules laid down in chapter 5, article 12, the budget bill shall include an allocation of appropriations according to these expenditure areas. a bill relating to state revenue or expenditure for the coming budget year may be submitted subsequent to the budget bill only if the government considers that exceptional economic policy grounds exist for such action. a bill containing proposals for a new or significantly increased appropriation, or guidelines under chapter 9, article 6 of the instrument of government for state activities covering a period exceeding that to which the appropriation for the activity relates, should contain an estimate of future costs connected with the activity to which the proposal relates. if a proposal concerning an appropriation is based on a plan covering a period exceeding the period for which the appropriation has been calculated in the bill, the plan should be described. supplementary provision 3.2.1 the budget bill shall be submitted no later than 20 september in years in which there is no election to the riksdag in september. in other cases, the budget bill shall be submitted no later than one week after the opening of the riksdag session. if this is impossible due to a change of government, the budget bill shall be submitted within ten days from the date on which a new government takes office, but no later than 15 november. supplementary provision 3.2.2 the government shall submit a bill no later than 15 april each year setting out proposals for guidelines for future economic and budgetary policy (the spring fiscal policy bill). supplementary provision 3.2.3 further rules concerning the budget process are laid down in the act on the national budget (sfs 1996:1059). part 3. times for submission of bills art 3 in response to a proposal from the speaker, the riksdag determines the latest date on which bills which, in the government's view, should be considered during the current session may be submitted. if a particular date is prescribed in this act, that date however applies. art 4 a decision under article 3 does not apply: in respect of a bill whereby, pursuant to law, the government seeks the approval of the riksdag for a statutory instrument which has already been issued; or if the government considers that exceptional grounds exist for submitting a bill at a later date. art 5 the government should time the submission of its bills so as to prevent, if possible, an accumulation of business in the riksdag. the government shall confer with the speaker in this connection. part 4. written and oral information from the government art 6 the government may communicate information to the riksdag by means of a written communication or an oral statement delivered by a minister at a meeting of the chamber. supplementary provision 3.6.1 a written communication is delivered to the secretariat of the chamber. it is notified by the speaker to a meeting of the chamber after copies have been made available to members in printed form. supplementary provision 3.6.2 if a minister intends to deliver an oral statement at a meeting of the chamber, a note to this effect should be entered in the order paper for the meeting concerned. supplementary provision 3.6.3 the government shall report to the riksdag in a written communication delivered each year no later than 1 march concerning the work of the commissions appointed by government decision. part 5. committee initiatives art 7 a riksdag committee is entitled to introduce proposals in the riksdag on any matter falling within its remit (committee initiative). a committee initiative takes the form of a committee report. the committee on finance is entitled, for purposes of economic policy, to introduce proposals in the riksdag also on a matter falling within the remit of another committee. part 6. submissions and reports from riksdag bodies art 8 the riksdag board, the general council and executive board of the riksbank, the parliamentary ombudsmen and the auditors general may make submissions to the riksdag in matters affecting the competence, organisation, personnel or working procedures of the body concerned. the riksdag may prescribe that the riksdag board, the general council and executive board of the riksbank and the parliamentary ombudsmen may make submissions to the riksdag also in other cases. special provisions concerning reports to the riksdag by a riksdag body other than a committee are laid down in law. the provisions of paragraph one apply also to each individual auditor general at the national audit office. further provisions concerning such submissions are laid down in the act with instructions for the national audit office (sfs 2002:1023). supplementary provision 3.8.1 a submission or a report from a riksdag body is delivered to the secretariat of the chamber. it is notified by the speaker to a meeting of the chamber after copies have been made available to members in printed form. supplementary provision 3.8.2 the riksdag board may make submissions to the riksdag on issues concerning the conduct of riksdag business or other questions coming within the board's remit. the board may also in other cases make submissions to the riksdag on issues concerning the riksdag or riksdag bodies, if the submissions are based on proposals emanating from commissions appointed by the board on instructions from the riksdag. supplementary provision 3.8.3 the general council and executive board of the riksbank may make submissions to the riksdag within their areas of competence. supplementary provision 3.8.4 the chief parliamentary ombudsman and the parliamentary ombudsmen may make submissions to the riksdag on account of an issue which has arisen in their supervisory activities. further provisions concerning such submissions are laid down in the act with instructions for the parliamentary ombudsmen (sfs 1986:765). supplementary provision 3.8.5 each individual auditor general may make submissions to the riksdag on account of the audit statements relating to the annual accounts of the state, the riksbank and the riksbank tercentenary foundation. part 7. audit reports from the auditors general art 8a each individual auditor general delivers his or her audit reports on the performance audit to the riksdag. the auditors general deliver the annual report with the most significant observations from the performance audits and the annual report to the riksdag. supplementary provision 3.8a.1 an audit report and the annual report are delivered to the secretariat of the chamber. they are notified by the speaker to a meeting of the chamber after copies have been made available to members in printed form. supplementary provision 3.8a.2 the annual report is delivered in the form of a report. part 8. private members' motions art 9 a member of the riksdag submits a proposal to the riksdag in the form of a private member's motion. proposals on matters of varying nature shall not be combined in one and the same private member's motion. supplementary provision 3.9.1 a private member's motion is delivered to the secretariat of the chamber no later than 4.30 p.m. on the last day on which motions may be submitted. private members' motions should indicate the party to which the member submitting the motion belongs. private members' motions are notified to the chamber by the speaker. part 9. general period for the introduction of private members' motions art 10 private members' motions may be introduced once a year on any question falling within the jurisdiction of the riksdag (the general period for the introduction of private members' motions). unless otherwise determined by the riksdag in response to a proposal from the speaker, the general period for the introduction of private members' motions runs from the start of a riksdag session which opens in august, september or october and continues as long as private members' motions may be introduced on account of the budget bill. part 10. private members' motions arising out of a government bill etc. art 11 private members' motions arising out of a government bill, a written communication from the government, a submission or a report from a riksdag body other than a committee may be introduced within fifteen days from the date on which the bill, written communication, submission or report was notified to the chamber. if a bill or a submission must be dealt with promptly, the riksdag may, if it finds that there are exceptional grounds for so doing, decide to curtail the period during which private members' motions may be introduced, in response to a proposal from the government or the riksdag body which made the submission. if there are special grounds, the riksdag may decide, in response to a proposal from the speaker, to extend the period during which private members' motions may be introduced. supplementary provision 3.11.1 a proposal to extend the period during which private members' motions may be introduced must be submitted no later than the second meeting following the meeting at which the bill, written communication, submission or report was notified to the chamber. a decision in favour of an extension is taken no later than the next following meeting. part 11. private members' motions arising out of a deferral art 12 if consideration of a government bill, a written communication from the government or a submission or a report from a riksdag body other than a committee has been deferred from one electoral period to the next, private members' motions arising out of the bill, written communication, submission or report may be introduced within seven days from the start of the new electoral period. part 12. private members' motions arising out of an occurrence of major significance art 13 private members' motions arising out of an occurrence of major significance may be introduced jointly by at least ten members, if the event could not have been foreseen or taken into account during the general period for the introduction of private members' motions, or any other period for the introduction of private members' motions set out in this chapter. part 13. notification of decisions held in abeyance and exceptions from a respite art 14 the committee on the constitution shall notify to the chamber for final approval decisions on matters of fundamental law or relating to the riksdag act which have been held in abeyance over an election. if, under provisions of the instrument of government, the procedure laid down for the amendment of fundamental law or of the riksdag act shall be applied in any other case, the decision which is being held in abeyance shall be notified to the chamber by the committee within whose remit the matter falls. the committee on the constitution shall furthermore notify the chamber of a decision concerning an exception from the respite prescribed for the introduction of a proposal which shall be taken in accordance with the procedure laid down in chapter 8, article 14 of the instrument of government. part 14. documents from the eu art 14a green and white papers that are forwarded to the riksdag shall be considered by the riksdag in accordance with the provisions laid down in chapter 10, article 5. the same applies to such other documents from the european union, other than draft legislative acts, whose consideration in this manner shall be determined by the speaker, after consultation with the special representatives of the party groups. in accordance with chapter 10, article 6, the riksdag shall examine whether draft legislative acts conflict with the principle of subsidiarity. in the manner laid down in chapter 10, article 8, the riksdag shall approve or reject initiatives from the european council to decide on an authorisation for the council to amend the decision-making procedure in a particular area or in a particular case from unanimity to a qualified majority or from a special legislative procedure to the ordinary legislative procedure. in the same manner, the riksdag shall approve or reject proposals from the european commission to specify aspects of family law that have cross-border consequences and that can be the subject of legislative acts adopted in accordance with the ordinary legislative procedure. part 15. motions calling for a referendum on a matter of fundamental law or for a declaration of no confidence art 15 a motion calling for a referendum on a matter of fundamental law or for a declaration of no confidence shall be put forward at a meeting of the chamber. the motion shall be delivered in writing as soon as it has been put forward. part 16. application for consent to prosecution or deprivation of liberty art 16 if a prosecutor calls for the consent of the riksdag under chapter 4, article 12, paragraph one of the instrument of government to take legal action against a member of the riksdag or deprive him or her of his or her personal liberty, the prosecutor shall make a written application to the speaker to this effect. the same procedure shall apply if any other person seeks the consent of the riksdag to the prosecution of a member of the riksdag on grounds of his or her actions. if the application document is so incomplete that it cannot be used as a basis for consideration by the riksdag, or if the applicant has failed to demonstrate that he or she is competent to raise charges or apply for such action to be taken by a public authority, the speaker shall reject the application. in any other case the speaker shall notify the matter to a meeting of the chamber. supplementary provision 3.16.1 an applicant shall state in the application document the circumstances on which the application is based. part 17. withdrawals art 17 a government bill, a written communication from the government, a submission or a report from a riksdag body other than a committee or a private member's motion may be withdrawn until a committee report has been presented on the matter. a draft law held in abeyance for a minimum of twelve months under chapter 2, article 22, paragraph one of the instrument of government may be withdrawn until a new committee report has been presented under chapter 4, article 9, paragraph four of this act. if a bill, a written communication, a submission or a report has been withdrawn, private members' motions arising out of the bill, written communication, submission or report shall lapse. if a bill, a written communication, a submission or a report has been withdrawn, private members' motions arising out of the withdrawal may be introduced within seven days from the date on which the withdrawal was notified to the chamber. supplementary provision 3.17.1 withdrawal of a bill, a written communication, a submission or a report shall take the form of a written communication containing a statement of withdrawal, which is delivered to the secretariat of the chamber. a withdrawal of a private member's motion is delivered in writing to the secretariat of the chamber. the speaker cancels bills, written communications, submissions, reports and private members' motions which have been withdrawn, or which have lapsed as a result of a withdrawal, and notifies the chamber accordingly. if the bill, written communication, submission, report or private member's motion has been referred to a committee, the committee shall be informed of its cancellation. part 18. calculation of statutory time limits art 18 the provisions generally applying to the calculation of statutory time limits shall apply also to time limits within which action shall be taken under a provision of this chapter. chapter 4. preparation of business part 1. mandatory preparation of business art 1 government bills, written communications from the government, submissions or reports from a riksdag body other than a committee and private members' motions shall be referred to a committee for preparation. the same shall apply to applications under chapter 3, article 16, for consent to prosecution or deprivation of liberty which have been notified to the chamber by the speaker. before a matter is referred to a committee for preparation, it shall be tabled at a meeting of the chamber, unless the chamber decides on immediate referral. part 2. riksdag committees art 2 the riksdag shall appoint from among its members, for each electoral period, a committee on the constitution, a committee on finance, a committee on taxation and an appropriate number of other committees. such elections shall be valid for the duration of the electoral period. the riksdag may also appoint committees during the electoral period to serve no longer than the remainder of the electoral period. supplementary provision 4.2.1 the riksdag shall appoint the following fifteen committees no later than the eighth day following the first meeting of the chamber in the electoral period of the riksdag: a committee on the constitution; a committee on finance; a committee on taxation; a committee on justice; a committee on civil affairs; a committee on foreign affairs; a committee on defence; a committee on social insurance; a committee on health and welfare; a committee on cultural affairs; a committee on education; a committee on transport and communications; a committee on environment and agriculture; a committee on industry and trade; and a committee on the labour market. the committees shall be elected in the order in which they are listed above. supplementary provision 4.2.2 if the riksdag appoints any additional committee it shall indicate the committee's primary responsibilities. part 3. number of members of a committee art 3 each committee shall consist of an odd number of members, but no fewer than fifteen. supplementary provision 4.3.1 the size of the committees is determined by the riksdag in response to a proposal from the nominations committee. part 4. responsibilities of the committee on the constitution art 4 the committee on the constitution shall prepare matters concerning the fundamental laws and the riksdag act. rules concerning the responsibilities of the committee on the constitution are also laid down in chapter 2, article 22; chapter 8, article 14; and chapter 13, article 1 of the instrument of government; and in chapter 2, article 9; chapter 3, article 14; chapter 4, article 11; chapter 6, articles 1 and 4; chapter 8, articles 11 and 13; chapter 9, article 8; chapter 10, article 6; and supplementary provisions 4.6.1; 5.4.1; 8.4.1; 8.5.1; 8.11.1; 8.11.2; and 8.12.1 of this act. part 5. responsibilities of the committee on finance and the committee on taxation art 5 the committee on finance shall prepare matters concerning: general guidelines for economic policy and the determination of the national budget; and the activities of the riksbank. if the riksdag has approved the allocation of state spending to expenditure areas under chapter 5, article 12, the committee on finance shall also prepare proposals for expenditure limits for expenditure areas, and for draft estimates of state revenue. rules concerning the responsibilities of the committee on finance are also laid down in chapter 9, article 5 of the instrument of government; and chapter 3, article 7; chapter 4, article 8; chapter 9, article 8; and supplementary provisions 4.6.2; 4.9.1; and 8.7.1 of this act. the committee on taxation shall prepare matters concerning state and local government taxation. rules concerning the responsibilities of the committee on taxation are also laid down in supplementary provision 4.6.3 of this act. part 6. allocation of matters among committees art 6 the riksdag prescribes the principles according to which other matters shall be allocated among committees. in this connection matters falling within the same subject area shall be referred to the same committee. the riksdag may however determine that there shall be a committee for the preparation of matters concerning legislation under chapter 8, article 2, paragraph one, point 1 of the instrument of government, irrespective of subject area. the riksdag may depart from the principles thus established and from article 5 if this is deemed necessary in a particular case, having regard to the interdependence of different matters, the particular nature of a matter, or working conditions. a committee may transfer a matter to another committee under the circumstances set out in paragraph two, provided this committee consents. the committee transferring the matter may deliver an opinion in the matter to the receiving committee in conjunction with the transfer. supplementary provision 4.6.1 the committee on the constitution shall prepare matters concerning: legislation of a constitutional and general administrative nature; legislation concerning radio, television and film; freedom of expression, formation of public opinion and freedom of worship; financial support for the press and the political parties; the national audit office, in respect of the election of an auditor general, the removal of an auditor general from office and the prosecution of an auditor general; the riksdag, and authorities under the riksdag in general, except for the riksbank; the county administration and the division of the country into administrative units; local self-government; and the consent of the riksdag to the prosecution of a member of the riksdag or interference with the personal liberty of a member. matters concerning appropriations falling within expenditure area 1 governance are prepared by the committee on the constitution. supplementary provision 4.6.2 the committee on finance shall prepare matters concerning: monetary, credit, currency and central government debt policy; the credit and finance markets; the commercial insurance market; the national audit office, insofar as these matters do not fall to the committee on the constitution to prepare; local government finance; the state as employer, national statistics, accounting, audits and administrative efficiency; state property and public procurement in general; other questions of administrative finance not solely concerned with a particular subject area; and budgetary questions of a technical nature. the committee shall also examine estimates of state revenue and coordinate the national budget. matters concerning appropriations falling within expenditure areas 2 economy and financial administration; 25 general grants to local government; 26 interest on central government debt, etc.; and 27 the contribution to the european union are prepared by the committee on finance. supplementary provision 4.6.3 the committee on taxation shall prepare matters concerning: tax assessment and tax collection; the population registers; and the enforcement service. matters concerning appropriations falling within expenditure area 3 taxes, customs and enforcement are prepared by the committee on taxation. supplementary provision 4.6.4 the committee on justice shall prepare matters concerning: the law courts; the leasehold and rent tribunals; the public prosecution service; the police service; forensic medicine; the correctional care system; and the penal code, the code of judicial procedure and acts of law which supersede or are closely associated with provisions of these codes. matters concerning appropriations falling within expenditure area 4 justice are prepared by the committee on justice. supplementary provision 4.6.5 the committee on civil affairs shall prepare matters concerning: the marriage, parental, inheritance, commercial, land, and enforcement codes and acts of law which supersede or are related to provisions of these codes, insofar as these matters do not fall to any other committee to prepare; insurance contract law; company and association law; law of torts; transport law; bankruptcy law; consumer policy; international private law; legislation on other matters having the nature of general private law; housing policy; water rights; land development planning; building and construction; physical planning; and expropriation, the formation of property units and land survey. matters concerning appropriations falling within expenditure area 18 community planning, housing provision, construction and consumer policy are prepared by the committee on civil affairs. supplementary provision 4.6.6 the committee on foreign affairs shall prepare matters concerning: relations and agreements of the realm with other states and with international organisations; development assistance to other countries; and other foreign trade and international economic cooperation, all insofar as these matters do not fall to any other committee to prepare. matters concerning appropriations falling within expenditure areas 5 international cooperation; and 7 international development cooperation are prepared by the committee on foreign affairs. supplementary provision 4.6.7 the committee on defence shall prepare matters concerning: military and civil defence; emergency and rescue services; measures to reduce the vulnerability of society; nuclear safety and protection against radiation; and maritime rescue and coastguard services, all insofar as these matters do not fall to any other committee to prepare. matters concerning appropriations falling within expenditure area 6 defence and contingency measures are prepared by the committee on defence. supplementary provision 4.6.8 the committee on social insurance shall prepare matters concerning: national insurance; national pensions; occupational injury insurance; financial support for families with children; swedish citizenship; and migration. matters concerning appropriations falling within expenditure areas 8 migration; 10 financial security for the sick and disabled; 11 financial security for the elderly; and 12 financial security for families and children are prepared by the committee on social insurance. supplementary provision 4.6.9 the committee on health and welfare shall prepare matters concerning: care and welfare services for children and young people insofar as these matters do not fall to any other committee to prepare; care and welfare of the elderly and disabled; measures to combat drug and alcohol abuse, and other social services questions; alcohol policy measures; health and medical care; and social welfare questions in general. matters concerning appropriations falling within expenditure area 9 health and medical care, social services are prepared by the committee on health and welfare. supplementary provision 4.6.10 the committee on cultural affairs shall prepare matters concerning: cultural and educational purposes in general; popular education; youth activities; international cultural cooperation; sports and outdoor activities; religious communities, insofar as these do not fall to the committee on the constitution to prepare; and radio and television, insofar as these do not fall to the committee on the constitution to prepare. matters concerning appropriations falling within expenditure area 17 culture, media, religious communities, leisure are prepared by the committee on cultural affairs. supplementary provision 4.6.11 the committee on education shall prepare matters concerning: the school system, certain special types of education and other educational activities; higher education and research; and financial support for students. matters concerning appropriations falling within expenditure areas 15 financial support for students; and 16 education and academic research are prepared by the committee on education. supplementary provision 4.6.12 the committee on transport and communications shall prepare matters concerning: roads and road transport; railways and rail transport; ports and shipping; airports and civil aviation; postal services; electronic communications; and it policy. matters concerning appropriations falling within expenditure area 22 transport and communications are prepared by the committee on transport and communications. supplementary provision 4.6.13 the committee on environment and agriculture shall prepare matters concerning: agriculture, forestry, horticulture, hunting and fishing; meteorological services; nature conservation; and other environmental protection questions not falling to any other committee to prepare. matters concerning appropriations falling within expenditure areas 20 general environmental protection and nature conservation; and 23 agricultural sciences, rural areas and food are prepared by the committee on environment and agriculture. supplementary provision 4.6.14 the committee on industry and trade shall prepare matters concerning: general guidelines for industry and trade policy and associated research questions; industry and handicrafts; trade; intellectual property law; energy policy; regional development policy; state-owned enterprises; and price and competition conditions in the business sector. matters concerning appropriations falling within expenditure areas 19 regional development; 21 energy; and 24 industry and trade are prepared by the committee on industry and trade. supplementary provision 4.6.15 the committee on the labour market shall prepare matters concerning: labour market policy; working life policy, including labour law; integration; measures to combat discrimination, insofar as these matters do not fall to any other committee to prepare; and equality between women and men, insofar as these matters do not fall to any other committee to prepare. matters concerning appropriations falling within expenditure areas 13 integration and gender equality; and 14 the labour market and working life are prepared by the committee on the labour market. part 7. sharing of matters between two or more committees art 7 matters other than the budget bill may be shared between two or more committees only where special grounds so warrant. part 8. cooperation between committees art 8 a committee may provide another committee with an opportunity to deliver an opinion concerning a matter or an issue affecting that committee's area of competence. before a committee delivers a report containing proposals in a matter which has been raised in the riksdag, the committee on finance shall be provided with an opportunity to comment, if the proposal could have significant future repercussions for public revenue and expenditure. if, during the consideration of a matter, at least five members of a committee so request, the committee shall obtain an opinion under paragraph one. the same shall apply if such a request has been put forward unconnected with the consideration of a matter, if the question relates to european union activities. the committee may reject a request for an opinion if it is put forward during the consideration of a matter and the committee concludes that the action requested would so delay consideration of the matter that serious detriment would result. in such a case, the committee shall state in its report its reasons for rejecting the request. a committee may reach agreement with one or more other committees to prepare a matter jointly through deputies on a joint committee. part 9. mandatory consideration in committee art 9 the committees shall deliver reports to the chamber on all matters which have been referred to them, and which have not been withdrawn. joint committees deliver reports to the chamber. reports on matters the consideration of which has been deferred to the following electoral period under chapter 5, article 10, shall be delivered by the committees appointed by the newly-elected riksdag. when notifying the chamber of a decision held in abeyance under chapter 3, article 14, a committee shall append an opinion in the matter. if a draft law has been held in abeyance for a minimum of twelve months under chapter 2, article 22, paragraph one of the instrument of government, the committee shall deliver a new report on the matter. supplementary provision 4.9.1 a decision of the committee on finance on a question under chapter 9, article 5 of the instrument of government shall be reported to the government in a written communication. supplementary provision 4.9.2 the committees shall inform the chamber in written communications of the matters concerning which no report has been delivered. part 10. referral back and referral to another committee art 10 a matter on which a committee has delivered a report shall be referred back to the committee by the chamber for further preparation if at least one third of those voting concur in a motion to this effect. the same matter may not be referred back more than once under this article. the chamber may also refer the matter to another committee for further preparation. if a motion for referral to another committee and a motion for referral back to the same committee are put forward concurrently, the motion for referral back shall be considered first. if the motion for referral back is approved, the motion for referral to another committee lapses. part 11. obligation of a state authority to furnish information and deliver opinions to a committee art 11 a state authority shall furnish information and deliver opinions when so requested by a committee, unless it follows otherwise from article 13, paragraph three. this obligation however applies to the government only in respect of european union activities falling within the committee's subject area. an authority which is not an authority under the riksdag may refer a request from a committee to the government for decision. if, during the consideration of a matter, at least five members of a committee so request, the committee shall obtain information or an opinion under paragraph one. the same shall apply if such a request has been put forward unconnected with the consideration of a matter, if the question relates to european union activities. the committee may reject a request for information or an opinion if the request is put forward during the consideration of a matter and the committee concludes that the action requested would so delay consideration of the matter that serious detriment would result. in such a case, the committee shall state in its report its reasons for rejecting the request. the committee on the constitution may not declare that chapter 2, article 22, paragraph one of the instrument of government is not applicable in respect of a particular draft law without obtaining the opinion of the council on legislation in the matter. part 12. times of committee meetings art 12 committees convene as the work of the riksdag requires. supplementary provision 4.12.1 a committee convenes for the first time within two days from its election in response to a summons from the speaker. the committee is convened thereafter by its chair. the chair shall convene the committee if so requested by at least five members of the committee. the committee on finance shall also be convened by the speaker in response to a request from the government, for purposes under chapter 9, article 5 of the instrument of government. a personal summons shall be sent to all members and deputy members. the summons should be posted, if possible, in the premises of the riksdag no later than 6 p.m. on the day prior to the meeting. supplementary provision 4.12.2 a committee may meet concurrently with the chamber only if the deliberations in the chamber relate to business other than the settlement of a matter or an election. supplementary provision 4.12.3 pending the election of a chair, that member from among those present who has been a member of the riksdag longest presides. if two or more members have been members of the riksdag equally long, the member who is senior in age has precedence. supplementary provision 4.12.4 a record shall be kept of committee meetings. part 13. meetings behind closed doors and meetings open to the public art 13 committees shall meet behind closed doors. a committee may, however, determine that a meeting shall be open to the public, in whole or in part, in respect of that part of it which relates to information-gathering. if special grounds exist, a committee may permit a person other than a member, deputy member or official of the committee to be present at a meeting behind closed doors. a representative of a state authority shall not be obliged, during a public part of a committee meeting, to furnish information which is subject to secrecy rules at the authority. supplementary provision 4.13.1 sound or video recordings may be made of a public part of a committee meeting unless otherwise determined by the committee. supplementary provision 4.13.2 special places shall be provided for the general public at a public part of a committee meeting. a member of the public who creates a disturbance may be ejected forthwith. in the event of disorder developing among the general public, the chair may have all the members of the public ejected. a visitor attending a public part of a committee meeting shall surrender, on request, his or her outdoor clothing, carrying bags, and any objects capable of being used to create a disturbance at the meeting. a person who fails to comply with such a request may be refused admission to the meeting. personal possessions thus surrendered shall be stored in special accommodation for the duration of the visit. rules concerning security controls are laid down in the act on security controls in the riksdag (sfs 1988:144). part 14. disqualification at committee meetings art 14 no one may be present at a meeting of a committee when a matter is being deliberated which personally concerns himself or herself or a close associate. part 15. voting at a committee meeting and the right to append a reservation art 15 voting in a committee shall be by open ballot. in the event of a tied vote, the opinion in which the chair concurs shall prevail. a member who loses a vote in a committee may append a reservation, with a motion, to the committee's report. if the vote relates to the committee's decision regarding an opinion to be delivered to another committee, the member may append a dissenting view to the opinion. the report or opinion shall not, however, be delayed as a result. part 16. separate statements art 16 a member may explain his or her position in a separate statement appended to a committee report or an opinion delivered to another committee. part 17. committees' duty of confidentiality art 17 a member, deputy member, or official of a committee may not without authority disclose any matter which the government, or the committee, has determined shall be kept secret, having regard to the security of the realm or for any other reason of exceptional importance arising out of relations with another state or an international organisation. part 18. follow-up and evaluation by committees art 18 the preparation of business by the committees shall include the task of following-up and evaluating riksdag decisions within the subject areas set out for each committee in articles 4 to 6 and associated supplementary provisions. part 19. preparation of audit reports from the national audit office art 18a audit reports from the national audit office shall be delivered by the speaker to the committee responsible for the subject area dealt with in the report according to provisions in articles 4 to 6 and associated supplementary provisions. if the committee wishes to obtain information in connection with such an audit report, the procedure set out in article 11 shall apply. the speaker shall deliver audit reports not dealing with the activities pursued by the riksdag or an authority under the riksdag to the government. the government shall deliver a written communication to the riksdag for each audit report on the performance audit that the speaker delivers to the government. in the written communication, the government shall give an account to the riksdag of the measures the government has taken or intends to take in response to the observations of the national audit office. if the government has taken or intends to take similar measures in response to several audit reports, however, the government may deliver a written communication covering several audit reports to the riksdag. the written communication from the government shall be delivered to the riksdag within four months of the government receiving the report. when calculating the respite, july and august shall not be counted. part 20. foreign travel by committees art 19 a committee shall consult the riksdag board before taking a decision concerning foreign travel. the board shall deliver an opinion concerning the appropriateness of the journey. in this connection, consideration shall be had to the international relations of the riksdag, the cost and other circumstances. the riksdag board may issue more detailed rules concerning foreign travel by committees. chapter 5. settlement of business part 1. notification and tabling of committee reports art 1 a committee report shall be notified to the chamber and tabled twice at meetings of the chamber before settlement, unless the riksdag determines, in response to a proposal from the committee or from the speaker, that the matter shall be settled after having been tabled only once. rules concerning further tabling of committee reports are laid down in article 7, paragraph two. a motion under chapter 2, article 22, paragraph one of the instrument of government calling for a draft law to be held in abeyance for a minimum of twelve months may be put forward when the committee report on the draft law has been notified to the chamber. supplementary provision 5.1.1 a committee report shall not be notified to the chamber before copies have been distributed to members of the riksdag. the speaker shall confer with the chair and deputy chairs of the committee before introducing a proposal that a matter shall be settled after having been tabled only once. when the speaker introduces such a proposal, it shall be notified to the chamber at the same time as notice is given that the committee report is being tabled. supplementary provision 5.1.2 a motion calling for a draft law to be held in abeyance for a minimum of twelve months is put forward in writing and entered, if possible, in the order paper of the chamber. part 2. tabling and settlement times for certain other matters art 2 a motion calling for a referendum on a matter of fundamental law or for a declaration of no confidence shall be tabled in the chamber until the second meeting following the meeting at which the motion was put forward. the matter shall be settled no later than the next meeting thereafter. a proposal from the speaker for a new prime minister shall be tabled in the chamber until the second meeting following the meeting at which the proposal was put forward. the matter shall be settled no later than the fourth day following the day on which the proposal was put forward, in accordance with the provisions laid down in chapter 6, article 4, paragraph two of the instrument of government. part 3. motions put forward during the deliberation of a committee report art 3 a member may move adoption or rejection of the proposals for decision contained in a committee report during the deliberation of the report. rules concerning motions and decisions to refer a matter back to the committee delivering the report, or to refer it to another committee, are laid down in chapter 4, article 10. part 4. settlement of business art 4 a matter under deliberation may not be taken up for settlement until the chamber has declared the debate closed, in response to a proposal from the speaker. a committee report may be taken up for settlement only at a meeting which has been notified in the summons under chapter 2, article 5, and entered in the order paper under chapter 2, article 7, as a plenary meeting at which committee reports may be taken up for settlement. a matter is settled by acclamation or, if a member so requests, by holding a vote. if a special procedure rule is to be applied under article 9, the matter must always be settled by means of a vote. if necessary, settlement of a matter shall be divided up into separate part-decisions. if a motion has been put forward under chapter 2, article 22, paragraph one of the instrument of government calling for a draft law to be held in abeyance for a minimum of twelve months, and a motion has also been put forward for the rejection of the draft law, the riksdag shall examine the lastnamed motion before taking a vote to adopt the law forthwith. supplementary provision 5.4.1 if a motion has been put forward under chapter 2, article 22, paragraph one of the instrument of government calling for a draft law to be held in abeyance for a minimum of twelve months, and if the draft law fails in the vote to obtain the fivesixths majority of members voting which is necessary under the instrument of government rule to secure immediate adoption of the draft law, the draft law shall be referred to the committee on the constitution for examination under paragraph three of the aforementioned article of the instrument of government concerning the applicability of the abeyance procedure in respect of the draft law. if the committee on the constitution has declared the procedure to be applicable, the riksdag reconsiders whether the proposal can be rejected or adopted forthwith. in any other case the matter shall be referred back to the committee which prepared it. part 5. settlement by acclamation art 5 when a matter is settled by acclamation, the speaker puts to the question every motion put forward in the course of the deliberations. the question shall be worded in such a way that it can be answered with a 'yes' or 'no'. the speaker declares what he or she understands to be the result, and confirms the decision by striking his or her gavel, unless a member calls for a vote. part 6. settlement by means of a vote art 6 when a matter is settled by means of a vote, the principal proposal is that motion which in the speaker's view the riksdag adopted by acclamation. when there has been no acclamation, the principal proposal is the motion determined by the speaker. a second motion is put up against this principal proposal to act as a counter-proposal. if there are more than two motions which can be put up against each other, the riksdag shall first apply article 5 to determine which shall constitute the counter-proposal. voting is by open ballot. under the rule laid down in chapter 4, article 7 of the instrument of government, the proposal which obtains the support of more than half the members voting constitutes the decision of the riksdag, unless otherwise provided in the instrument of government or in this act. the speaker announces the result of the vote and confirms the decision by striking his or her gavel. supplementary provision 5.6.1 when a vote is taken, the speaker formulates the proposal on which the vote will be taken. if a special procedure rule under article 9 is to be applied in a particular case, this shall be stated in the proposal put to the vote. when the members have taken their places in the chamber after due warning has been given, the proposal which is to be put to the vote is read out and submitted to the chamber for approval. a vote may be taken by having the members rise in their places. if the speaker finds that the outcome of a vote taken by having the members rise in their places still leaves room for doubt, or if a member calls for a count, a new vote shall be taken using the vote-recording machine or, when this cannot be used, by means of a call of names. supplementary provision 5.6.2 when a vote is taken by having the members rise in their places, the speaker calls first on those members wishing to vote 'yes' to rise and calls thereafter on members wishing to vote 'no' to rise. when a vote is taken using the vote-recording machine, the way each member votes shall be registered. when a vote is taken by means of a call of names, the speaker calls upon two members to join him or her at the speaker's table and record the vote. the deputy speakers are called up first, followed by the other members according to constituency. responses must be one of the following: 'yes', 'no', 'abstain'. part 7. procedure in a tied vote art 7 if the vote is tied concerning which motion shall constitute the counter-proposal, the outcome is determined by lot. if the vote is tied in a principal division, the matter is tabled. if the vote is tied when the matter is raised a second time, the speaker puts the proposal that the matter be referred back to the committee for further preparation. the matter shall be referred back if at least half of those voting concur. in any other case, the decision of the riksdag is determined by lot. after a matter has been referred back, it shall be taken up again in its entirety for settlement by the chamber. if the vote is tied again in the principal division, the matter is determined by lot. referral back of a legislative matter settled by means of partdecisions art 8 if the settlement of a legislative matter has been divided up into two or more part-decisions, the riksdag may decide forthwith, after the last part-decision, and in response to a proposal from the speaker or from a member, that the matter shall be referred back to the committee for further preparation. if the riksdag decides to refer the matter back, the partdecisions are null and void. decisions under this article to refer a matter back to a committee may not be repeated. part 8. settlement under a special procedure rule art 9 if a decision requires other than a simple majority and more than one proposal has been put forward for a decision of this nature, the following applies. the riksdag first selects one of the proposals in accordance with the rules generally in force. a decision is taken thereafter, applying the special procedure rule, whether this proposal shall be adopted or rejected. this procedure shall be applied even when there are several measures of draft legislation which are mutually incompatible and a motion has been put forward for one of them to be held in abeyance for a minimum of twelve months under chapter 2, article 22, paragraph one of the instrument of government. if two or more motions are put forward concurrently which call for a referendum on the same measure of fundamental law which is being held in abeyance over an election, or which call for a declaration of no confidence in respect of the same minister, only one vote is taken. part 9. deferral of business art 10 a matter should be settled in the electoral period in which it is introduced. the riksdag may, however, permit consideration of the matter to be deferred to the first parliamentary session of the next electoral period. consideration of a matter put forward during a break in the work of the chamber lasting until the first parliamentary session of the next electoral period is furthermore treated as having been deferred to that parliamentary session. the same shall apply to consideration of a matter which the riksdag has not had time to settle on account of a break in the work of the chamber in connection with the calling of an extraordinary election. a matter relating to the national budget for the next following budget year shall be settled before the start of the budget year, if settlement cannot be deferred without detriment to adoption of the national budget. a draft law held in abeyance for twelve months under chapter 2, article 22, paragraph one of the instrument of government shall be examined before the end of the following calendar year. if another draft law is closely connected with legislation held in abeyance under this rule, the riksdag may determine that it shall be settled within the time applying to the examination of the draft law held in abeyance. if a matter under this paragraph cannot be settled within the time prescribed due to the calling of an extraordinary election, it shall be settled as soon as possible after the newly-elected riksdag convenes. supplementary provision 5.10.1 a decision to defer business is taken in response to a proposal from the committee within whose remit the matter falls. the chamber may also decide to defer a matter without such a proposal having been put forward. supplementary provision 5.10.2 a decision under article 10, paragraph three, sentence two, is taken in response to a proposal from the committee within whose remit the matter falls. part 10. final settlement of a matter held in abeyance over an election art 11 a matter which has been held in abeyance over an election under the rules laid down in chapter 8, articles 14-17 of the instrument of government shall be settled at the first parliamentary session of the electoral period within which a final decision may first be taken under the rules laid down in the instrument of government, provided the matter has not already been rejected. settlement may be deferred to another parliamentary session by decision of the riksdag. a decision of this nature may be repeated. the matter shall be settled finally before the next ordinary election to the riksdag. in the case of deferral due to an extraordinary election, the rules laid down in article 10, paragraph one, shall be applied. if a proposal for an amendment of fundamental law held in abeyance over an election, or any other decision which shall be taken in accordance with the same procedure is rejected in a referendum, the committee within whose remit the matter falls shall notify the matter to the chamber. supplementary provision 5.11.1 a decision to defer final settlement of a matter which has been held in abeyance over an election under the rules laid down in chapter 8, articles 14-17 of the instrument of government is taken in response to a proposal put forward by the committee within whose remit the matter falls. part 11. decisions within the budget process art 12 the riksdag may decide in an act of law to allocate state spending to expenditure areas. if the riksdag has taken a decision under paragraph one, it determines for the next following budget year, by means of a single decision, an expenditure limit for each expenditure area, indicating the highest figure to which the sum total of expenditure falling within the expenditure area may amount; and an estimate of state revenue under the national budget. decisions concerning appropriations or other expenditure under the national budget year may not be taken before a decision has been taken under paragraph two. appropriations or other expenditure under the national budget shall be determined for each expenditure area by means of a single decision. decisions concerning appropriations for the current budget year which affect expenditure limits may not be taken before a decision has been taken approving adjustment of the expenditure limits. supplementary provision 5.12.1 state expenditure shall be referred to the following expenditure areas: 1 governance; 2 economy and financial administration; 3 taxes, customs and enforcement; 4 justice; 5 international cooperation; 6 defence and contingency measures; 7 international development cooperation; 8 migration; 9 health and medical care, social services; 10 financial security for the sick and disabled; 11 financial security for the elderly; 12 financial security for families and children; 13 integration and gender equality; 14 the labour market and working life; 15 financial support for students; 16 education and academic research; 17 culture, media, religious communities, leisure; 18 community planning, housing provision, construction and consumer policy; 19 regional development; 20 general environmental protection and nature conservation; 21 energy; 22 transport and communications; 23 agricultural sciences, rural areas and food; 24 industry and trade; 25 general grants to local government; 26 interest on central government debt, etc.; and 27 the contribution to the european union. decisions relating to the purposes and activities to be included in an expenditure area are taken in conjunction with decisions relating to the spring fiscal policy bill. part 12. written communications of the riksdag art 13 if a riksdag decision calls for executive action, the body responsible for executing the decision is informed by means of a written communication. riksdag decisions on account of a government bill or a submission shall always be communicated to the government or the riksdag body putting forward the submission by means of a written communication. supplementary provision 5.13.1 the written communications of the riksdag are drawn up by the secretariat of the chamber and signed by the speaker. the committee which has prepared a matter shall be informed of the chamber's decision in the matter. supplementary provision 5.13.2 chapter 10, sections 6 and 8 contain provisions on written communications of the riksdag to institutions in the european union. chapter 6. interpellations and questions to ministers part 1. interpellations art 1 an interpellation shall deal with a specific subject, and shall include a statement of motivation. the speaker determines whether an interpellation may be introduced. if the speaker considers that an interpellation conflicts with fundamental law or with this act, he or she shall refuse to allow the interpellation to be introduced, stating the reasons for the decision. if the chamber requests nevertheless that the interpellation be introduced, the speaker shall refer the matter to the committee on the constitution for decision. the speaker may not refuse to allow the interpellation if the committee has declared that it does not conflict with fundamental law or with this act. an interpellation is answered by a minister within two weeks from its referral to the minister. if a break occurs in the work of the chamber during the two-week period, the period is extended accordingly. if no reply is given within the period indicated in paragraph two, the minister shall inform the riksdag why no reply will be given or why a reply is being held over. a statement of this nature shall not give rise to a debate. an interpellation lapses if no reply is given during the parliamentary session at which it was introduced. supplementary provision 6.1.1 an interpellation is delivered to the secretariat of the chamber. the speaker notifies a meeting of the chamber without delay of his or her decision whether or not to allow the interpellation to be introduced. if the speaker allows the interpellation to be introduced, he or she forwards it to the minister without delay. after conferring with the special representatives of the party groups, the speaker determines the latest date in a parliamentary session on which interpellations may be delivered to the secretariat of the chamber for a reply, prior to a break of more than one month in the work of the chamber. the interpellation shall be entered in the record of riksdag proceedings. supplementary provision 6.1.2 the speaker determines the meeting at which a reply will be delivered, after conferring with the minister and the interpellant. notice of this date shall be given without delay in the manner determined by the speaker, and shall be entered in the order paper. the reply to an interpellation may be distributed to members in advance. supplementary provision 6.1.3 when a minister replies to an interpellation, his or her reply shall be delivered in the form of an oral statement of no more than six minutes' duration. the minister shall be entitled to make three more interventions, of which the first two shall be of no more than four minutes' duration each, and the third of no more than two minutes' duration. the interpellant shall be entitled to make no more than three interventions, of which the first two shall be of no more than four minutes' duration each, and the third of no more than two minutes' duration. other speakers shall be entitled to make no more than two interventions, of which the first shall be of no more than four minutes' duration, and the second of no more than two minutes' duration. part 2. questions art 2 a question may be oral or written. it shall deal with a specific subject. part 3. oral questions art 3 an oral question is put forward at a special question time arranged in the chamber. it receives an immediate reply from a minister. the speaker determines who shall have the floor at question time. the speaker may decide to limit interventions to no more than one minute. supplementary provision 6.3.1 question time is held every thursday in weeks in which the chamber meets for purposes other than the tabling of business. should the work situation in the riksdag so require, the speaker may determine that question time shall be held in a particular week on some day other than thursday or that it shall be cancelled. the government offices shall inform the secretariat of the chamber no later than friday of the preceding week which ministers will be in attendance at question time. notice to this effect shall be given without delay in the manner determined by the speaker. part 4. written questions art 4 a written question may include a brief introductory explanation. the speaker determines whether a written question may be introduced. if the speaker considers that a written question conflicts with fundamental law or with this act, he or she shall refuse to allow the question to be introduced, stating the reasons for the decision. if the chamber requests nevertheless that the question be introduced, the speaker shall refer the matter to the committee on the constitution for decision. the speaker may not refuse to allow the question if the committee has declared that it does not conflict with fundamental law or with this act. a written question receives a written reply from a minister. supplementary provision 6.4.1 a written question is delivered to the secretariat of the chamber. the speaker notifies a meeting of the chamber without delay of his or her decision whether or not to allow the question to be introduced. if the speaker allows the question to be introduced, he or she forwards it to the minister without delay. the written reply is delivered to the secretariat of the chamber, which forwards it to the member who submitted the question. written questions delivered during the week no later than 10 a.m. on friday receive a reply no later than 12 noon on the following wednesday. the speaker may determine, during a break of more than one month in the work of the chamber, that replies shall be given within fourteen days from the date on which the questions were submitted. the speaker makes his or her decision after conferring with the special representatives of the party groups. if no reply is given within this period, the minister shall inform the secretariat of the chamber of when the question will receive a reply or that no reply will be given. supplementary provision 6.4.2 written questions and ministers' replies to questions shall be entered in the record of riksdag proceedings. chapter 7. general provisions concerning elections within the riksdag part 1. applicability of provisions art 1 the rules in articles 2 to 12 apply to elections held by the chamber and the rules laid down in articles 13 and 14 to elections within a committee or other riksdag body elected by the chamber in whole or in part. part 2. nominations committee art 2 unless otherwise prescribed by the riksdag, elections held by the chamber shall be prepared by a special nominations committee appointed from within the riksdag. the nominations committee is appointed at the first meeting of the chamber in the electoral period to serve to the end of the electoral period. each party group which corresponds to a party which obtained at least four per cent of the national vote at the election to the riksdag shall have a seat on the nominations committee. a further ten seats are distributed proportionately among the same party groups. members are appointed applying the procedure set out in article 12, paragraph one. supplementary provision 7.2.1 the speaker determines how many members each party group shall appoint to the nominations committee. in making the proportional distribution, the basis of calculation set out in article 4, paragraph three, shall be applied. supplementary provision 7.2.2 the nominations committee does not prepare the election of a regent, a deputy regent, a person who shall hold office as a regent ad interim, the speaker, the deputy speakers, the secretary-general of the riksdag, the parliamentary ombudsmen or deputy ombudsmen, the auditors general, or elections to the ministerial remunerations board or the board for the remuneration of the parliamentary ombudsmen and the auditors general. provisions relating to the preparation of elections are laid down, in the case of the secretary-general of the riksdag in supplementary provision 9.1.1; in the case of the parliamentary ombudsmen and deputy ombudsmen in supplementary provision 8.11.2; in the case of the auditors general in supplementary provision 8.12.1; in the case of members of the ministerial remunerations board in supplementary provision 8.4.1; and in the case of members of the board for the remuneration of the parliamentary ombudsmen and the auditors general in supplementary provision 8.5.1. supplementary provision 7.2.3 the nominations committee convenes for the first time on the same day as it is appointed, in response to a summons from the speaker. the committee convenes thereafter at the summons of its chair. the provisions of chapter 4, article 13, paragraph one, sentence one, and paragraph two, and supplementary provisions 4.12.1, paragraph two, and 4.12.2 to 4 apply also to the nominations committee. part 3. elections by acclamation art 3 at elections of two or more persons, the nominations committee may present an agreed list. the list shall contain as many names as there are persons to be elected and shall be approved by all the members participating in the meeting of the nominations committee or by all save one. the speaker moves adoption of the agreed list and, if it is adopted, declares the persons listed to be elected. election shall however be by secret ballot, if so requested by at least as many members as correspond to the figure obtained if the sum total of members entitled to vote is divided by the number of persons to whom the election relates, increased by one. if the figure obtained is not a whole number, it is rounded up to the next higher whole number. this election shall be held at a later meeting. if it is prescribed that the incumbent of a particular post shall be elected separately, the election shall be held by acclamation. the election shall be held by secret ballot, however, if a member so requests. if the body or group responsible for preparing the election has put forward a unanimous proposal, the election by secret ballot shall not be held until a later meeting. part 4. elections by secret ballot art 4 elections are held by secret ballot unless otherwise prescribed in article 3 or some other principal provision of this act. if two or more persons are to be elected by secret ballot, the seats are distributed proportionately among all the groups of riksdag members participating in the election under a particular designation. the seats are distributed between the groups by allocating them one by one to the group with the highest comparison figure on each occasion. the comparison figure is identical with the number of votes obtained by the group as long as it has not been allocated a seat. the comparison figure is calculated thereafter by dividing the votes obtained by the group by the number of seats the group has already been allocated, increased by one. when the comparison figures are tied, the matter is decided by lot. if only one person is to be elected, that person is elected who obtains the most votes, unless otherwise prescribed by the riksdag in a principal provision of this act. in the event of a tied vote, the election is decided by lot. supplementary provision 7.4.1 ballot papers shall be single sheets, folded and unmarked, and shall be identical in size, material and colour. they may include information concerning the election to which they relate. a ballot paper is invalid if it carries any distinguishing mark clearly placed upon it with deliberate intent. if a member submits more than one ballot paper in an election, these ballot papers are invalid. if, however, the ballot papers are identical in content, one ballot paper shall be deemed valid in the count. supplementary provision 7.4.2 at a proportional election, the ballot paper shall designate in words a particular group of riksdag members. the names are listed consecutively, one after the other, following this designation. a ballot paper is invalid: if it lacks a designation of a members' group; if it carries more than one such designation; or if it lacks the name of an eligible candidate. a name on a ballot paper shall be regarded as null and void: if the candidate is not eligible; if the name has been crossed out; if it is not clear who is intended; or if the order of precedence between that name and another name on the ballot paper is not clearly apparent. the order of precedence between candidates' names in each members' group shall be determined by calculating comparison figures for the candidates applying the method laid down in chapter 14, article 10 of the elections act (sfs 2005:837). if several candidates obtain the same comparison figure, the election is decided by lot. supplementary provision 7.4.3 when one person is being elected, there shall be one name on the ballot paper. a ballot paper is invalid if: it contains the names of two or more candidates; it contains the name of a candidate who is not eligible; the name has been crossed out; it is not clear who is intended; or it contains the designation of a members' group. provisions concerning the outcome of an election relating to one person are laid down in chapter 8, articles 1 to 3, 11 and 12; and in chapter 9, articles 1 and 5. supplementary provision 7.4.4 at an election by secret ballot the speaker shall call upon five members to join him or her at the speaker's table. of these, three shall assist at the opening and examination of the ballot papers and two record the votes. the members are called up in the manner prescribed in supplementary provision 5.6.2. when a member's name is called, he or she proceeds to the speaker's table and hands his or her ballot paper to the speaker. when all the ballot papers found to be valid have been read out by the speaker and have been recorded by the clerk of the chamber currently on duty and the two members, their notes are compared. the speaker establishes the result of the election and announces it to the chamber. supplementary provision 7.4.5 if two or more elections are to be held by secret ballot, the speaker may determine that the ballot papers for all the elections shall be delivered before a count is taken in any of the elections, unless otherwise requested by a member. part 5. appeals against elections by secret ballot art 5 appeals against elections by secret ballot may be lodged by a member of the riksdag with the election review board. the election is valid irrespective of any appeal. supplementary provision 7.5.1 written appeals against elections are lodged with the election review board. the appeal shall be delivered to the secretariat of the chamber within five days from the day on which the result of the election was announced in the chamber. as soon as the appeal period has expired, the speaker shall notify a meeting of the chamber of all the appeals received. the speaker determines the period during which comments concerning the appeals may be submitted to the election review board. when the period during which comments may be submitted has expired, the speaker forwards the appeal documents to the election review board forthwith. the speaker should also submit promptly to the election review board his or her own opinion concerning the appeals. supplementary provision 7.5.2 the election review board shall declare an election null and void and order a re-election if it finds in its examination of an appeal that a provision of article 4 or of supplementary provisions 7.4.1 to 5 has been set aside in the election. a reelection shall however be ordered only if it can be assumed with justification that what occurred has affected the result of the election. if the error can be rectified by means of a recount or any other less radical measure, the election review board shall however instead direct the speaker to effect the necessary rectification. supplementary provision 7.5.3 ballot papers and other election material shall be held in safe keeping until the election result takes effect. part 6. times and validity of elections art 6 elections relating to a period corresponding to the electoral period of the riksdag are held as soon as possible after the start of the electoral period and are valid until the riksdag holds a new election in the next electoral period, unless otherwise prescribed by the riksdag. part 7. re-elections art 7 if a new member has taken his or her seat in the riksdag due to the revision of a riksdag election result on appeal, elections held by the riksdag earlier in the electoral period shall be held again if so requested by at least ten members of the riksdag. part 8. election of deputy members art 8 if two or more persons are to be elected, at least as many deputy members as there are ordinary members shall also be elected, unless otherwise prescribed by the riksdag. the provisions relating to the election of ordinary members apply also to elections of deputy members. when the riksdag has held an election for a riksdag body and has appointed deputy members in this connection, it may approve a change in the number of deputy members of the body, provided the deputy members are no fewer in number than the ordinary members. an alternate member of the riksdag who has been summoned to take up duty may be appointed a deputy member of a committee of which the absent member is a member, without increasing the number of deputy members of the committee. in such a case, the procedure laid down in article 12, paragraph one, applies. supplementary provision 7.8.1 a question of an increase in the number of deputy members to exceed the number originally elected is prepared by the nominations committee. elections of deputy members necessitated by an increase in the number of deputy members shall be held as soon as possible. supplementary provision 7.8.2 unless otherwise prescribed or specially determined, the same number of deputy members shall be appointed as there are ordinary members. supplementary provision 7.8.3 provisions concerning deputy members are laid down, in the case of the riksdag board in supplementary provision 1.5.2; in the case of the ministerial remunerations board in chapter 8, article 4; in the case of the board for the remuneration of the parliamentary ombudsmen and the auditors general in chapter 8, article 5; in the case of the advisory council on foreign affairs in chapter 8, article 8; in the case of the parliamentary council of the national audit office in chapter 8, article 14; and in the case of the war delegation in chapter 8, article 15. part 9. attendance by deputy members art 9 unless otherwise prescribed by the riksdag, an elected member of a riksdag body shall be replaced in his or her absence by a deputy member belonging to the same party group. if this is not possible, deputy members have precedence in the order in which they were elected, or, if the election was held using an agreed list, in the order in which their names were listed. part 10. ineligibility art 10 unless otherwise prescribed by the riksdag, a person elected by the chamber to a post for which membership of the riksdag is a prerequisite shall resign the appointment if he or she leaves the riksdag or is appointed speaker of the riksdag or a minister. supplementary provision 7.10.1 provisions concerning eligibility for membership of various bodies are laid down, in the case of the speaker in chapter 10, article 12 of the instrument of government and in chapter 1, article 5, and chapter 8, article 15 of this act; in the case of a member of the riksdag who is also a minister in chapter 8, article 15 of this act; and in the case of a member who has left the riksdag in supplementary provision 8.6.2 of this act. part 11. eligibility and obligation to accept an appointment art 11 only a swedish citizen may hold a post appointed by election of the riksdag. provisions on the requirement of swedish citizenship for the parliamentary ombudsmen and the auditors general are laid down in chapter 12, article 6 of the instrument of government. a person appointed to such a post by election of the riksdag may not refuse the appointment without the riksdag's consent. part 12. successors art 12 if a person who has been elected to a body which at the start of the electoral period was appointed by means of an election of two or more persons resigns his or her appointment ahead of time, the party group or groups for which he or she was elected shall notify the speaker of the name of a successor. the speaker shall declare the person nominated as a successor to be elected. if no name is put forward, or if more than one person is nominated, the speaker appoints a successor. if a seat becomes vacant ahead of time and the original election related to only one person, the same procedure is applied in a supplementary election for the remaining period as was applied in the case of the original election. the provisions of this rule apply unless otherwise prescribed by the riksdag. part 13. elections of chairs art 13 a body whose members are appointed by the chamber in whole or in part shall elect from among its members a chair and one or more deputy chairs, unless otherwise prescribed. supplementary provision 7.13.1 provisions concerning elections of chairs and deputy chairs are laid down, in the case of the election review board in chapter 3, article 12 of the instrument of government and in chapter 8, article 2 of this act; in the case of the ministerial remunerations board in chapter 8, article 4 of this act; in the case of the board for the remuneration of the parliamentary ombudsmen and the auditors general in chapter 8, article 5; in the case of the parliamentary council of the national audit office in chapter 8, article 14; and in the case of the riksdag appeals board in chapter 9, article 5 of this act. part 14. elections within riksdag bodies art 14 elections within a body under article 13 are held by acclamation or by secret ballot, if a member so requests. supplementary provision 7.14.1 ballot papers shall be single sheets, folded and unmarked, and shall be identical in size, material and colour. if the vote is tied, the election shall be decided by lot. chapter 8. certain bodies and officials part 1. election of speakers art 1 elections of a speaker and first, second and third deputy speakers under chapter 4, article 2 of the instrument of government shall be held at the first meeting of the chamber in the riksdag electoral period and are valid until the end of the electoral period. the speakers are elected individually in the above order. if the election is held by secret ballot, the candidate who receives more than half the votes cast is elected. if no such majority is obtained, a new election is held. if no candidate receives more than half the votes cast on this occasion either, a third election is held between the two candidates obtaining the highest number of votes in the second election. the person receiving the most votes in the third election is elected. part 2. election of chair and deputy chair of the election review board art 2 rules concerning the election of the chair of the election review board are laid down in chapter 3, article 12 of the instrument of government. the riksdag appoints a deputy for the chair of the election review board by means of a separate election. the rules laid down in chapter 3, article 12 of the instrument of government concerning the chair apply also to the deputy. when a chair or deputy chair is elected by secret ballot the procedure laid down in article 1, paragraph two, is applied. part 3. election of a regent art 3 at an election by secret ballot of a regent or a deputy regent under chapter 5, article 5 of the instrument of government, or a person qualified to hold office as a regent ad interim under chapter 5, article 7 of the instrument of government, the procedure laid down in article 1, paragraph two, is applied. the election is valid until the riksdag determines otherwise. part 4. the ministerial remunerations board art 4 the ministerial remunerations board consists of a chair and two other members. these are elected individually by the riksdag after each ordinary election to the riksdag and serve until a new election for the board has been held. no deputy members are appointed. if, for reasons of ill health or for any other reason, a member is prevented from performing his or her duties, the riksdag elects a replacement to serve in his or her place for as long as the problem persists. supplementary provision 8.4.1 elections of members of the ministerial remunerations board are prepared by the committee on the constitution. part 5. the board for the remuneration of the parliamentary ombudsmen and the auditors general art 5 the board for the remuneration of the parliamentary ombudsmen and the auditors general consists of a chair and two other members. these are elected individually by the riksdag after each ordinary election to the riksdag and serve until a new election for the board has been held. no deputy members are appointed. if, for reasons of ill health or for any other reason, a member is prevented from performing his or her duties, the riksdag elects a replacement to serve in his or her place for as long as the problem persists. supplementary provision 8.5.1 elections of members of the board for the remuneration of the parliamentary ombudsmen and the auditors general are prepared by the committee on the constitution. part 6. international delegations art 6 if an international agreement has been concluded with effect that the riksdag shall appoint a delegation to an international organisation from among its members, rules concerning this may be laid down in a supplementary provision of this article. supplementary provision 8.6.1 the riksdag elects twenty members of the swedish delegation to the nordic council. the delegation is elected for each session of the riksdag. the delegation shall report annually to the riksdag on its activities. supplementary provision 8.6.2 the riksdag elects six members of the swedish delegation to the council of europe. the delegation is elected for the period from 1 november of the year in which an election to the riksdag has been held until the corresponding date following the next election. a member or a deputy member of the swedish delegation to the council of europe who has left the riksdag in conjunction with an election to the riksdag may continue to serve for the remainder of the delegation's term of office. the delegation shall report annually to the riksdag on its activities. supplementary provision 8.6.3 the riksdag elects eight members of the swedish delegation to the organization for security and co-operation in europe. the delegation is elected for the electoral period of the riksdag. the delegation shall report annually to the riksdag on its activities. part 7. election of the general council of the riksbank art 7 elections of members of the general council of the riksbank under chapter 9, article 13 of the instrument of government are valid for the electoral period of the riksdag. supplementary provision 8.7.1 a member of the general council of the riksbank: may not be a minister; may not be a member of the executive board of the riksbank; may not be a board member or deputy board member of a commercial bank or other undertaking coming under the supervision of the financial supervisory authority; may not hold any other employment or appointment which renders him or her unsuitable for appointment as a member of the general council. nor may a member of the general council be a minor, an undischarged bankrupt, debarred from trading or placed under administration under chapter 11, article 7 of the parental code. if a member accepts an employment or an appointment such that it may conflict with the rules of paragraph one, the riksdag shall remove the member from his or her appointment to the general council in response to a proposal from the committee on finance. any employment or appointment accepted by a member of the general council shall be reported to the riksdag. part 8. the advisory council on foreign affairs art 8 elections of members of the advisory council on foreign affairs under chapter 10, article 12 of the instrument of government are valid for the electoral period of the riksdag. a deputy speaker shall act as deputy for the speaker on the advisory council on foreign affairs. the number of deputy members elected shall be nine. art 9 the advisory council on foreign affairs meets behind closed doors. the prime minister may permit also a person other than a member, deputy member, minister or official to be present. supplementary provision 8.9.1 a record shall be kept of meetings of the advisory council on foreign affairs. the secretary of the council is appointed by the government. deputy members of the advisory council shall always be notified of meetings of the council. supplementary provision 8.9.2 a member, deputy member or official present for the first time at a meeting of the advisory council on foreign affairs shall affirm that he or she will abide by the duty of confidentiality under chapter 10, article 12 of the instrument of government. art 10 the advisory council on foreign affairs convenes in response to a summons from the speaker or, in his or her absence, a deputy speaker, or in response to a summons from two other members of the council, for the purpose of ordering the war delegation to replace the riksdag under chapter 15, article 2 of the instrument of government. the proceedings are conducted by the speaker, by a deputy speaker or, if none is present, by that member among those present who has been a member of the riksdag longest. if two or more members have been members of the riksdag equally long, the member who is senior in age has precedence. in the event of a tied vote when a vote is held on a decision, the opinion in which the chair concurs shall prevail. part 9. the parliamentary ombudsmen art 11 the riksdag elects ombudsmen under chapter 13, article 6 of the instrument of government to supervise the application of laws and other statutes in public activities. the parliamentary ombudsmen shall be four in number, one chief parliamentary ombudsman, and three parliamentary ombudsmen. the chief parliamentary ombudsman shall act as administrative director and shall determine the main thrust of the ombudsmen's activities. the riksdag may in addition elect one or more deputy ombudsmen. a deputy ombudsman shall have held office previously as a parliamentary ombudsman. the chief parliamentary ombudsman, the other parliamentary ombudsmen and the deputy ombudsmen are elected individually. when an ombudsman is elected by secret ballot, the procedure laid down in article 1, paragraph two, is applied. a parliamentary ombudsman is elected for the period from the date of his or her election, or such later date as the riksdag may determine, until a new election has been held in the fourth year thereafter and the person then elected has assumed office. the election shall however never be valid beyond the end of that year. a deputy ombudsman is elected for a period of two years from the date of his or her election, or such later date as the riksdag may determine. in response to a proposal from the committee on the constitution, the riksdag may however remove from office prior to that date a parliamentary ombudsman or a deputy ombudsman who has forfeited the confidence of the riksdag. if a parliamentary ombudsman retires ahead of time, the riksdag shall elect a successor without delay to serve for a new four-year period. supplementary provision 8.11.1 the committee on the constitution shall confer with a parliamentary ombudsman on working procedures and other matters of an organisational nature, either on its own initiative, or at the request of one of the parliamentary ombudsmen. supplementary provision 8.11.2 the election of a parliamentary ombudsman or a deputy ombudsman is prepared by the committee on the constitution. part 10. the national audit office art 12 the riksdag shall elect three auditors general, in accordance with chapter 13, article 8 of the instrument of government. the auditors general are elected individually. when an election is held by secret ballot, the procedure laid down in article 1, paragraph two, is applied. elections of auditors general are valid from the date of election, or such later date as the riksdag may determine, until a new election has been held in the seventh year thereafter and the person then elected has assumed office. the election shall however never be valid beyond the end of that year. an auditor general may not be reelected. one of the auditors general shall be auditor general with administrative responsibility and shall be responsible for the administrative direction of the authority. the riksdag determines which of the auditors general shall assume this responsibility. an auditor general may not be an undischarged bankrupt, debarred from trading, or placed under administration under chapter 11, article 7 of the parental code. nor may an auditor general hold any employment or appointment or engage in any activity which might affect his or her independent status. supplementary provision 8.12.1. elections of auditors general are prepared by the committee on the constitution. supplementary provision 8.12.2. an auditor general shall report in writing the following circumstances to the riksdag: any ownership of and changes regarding ownership of financial instruments under chapter 1, section 1 of the financial instruments trading act (sfs 1991:980); any agreement of a financial nature with a former employer, such as an agreement relating to salary or pension benefits paid during a period covered by his or her appointment at the national audit office; any paid employment which is not of a purely temporary nature; any independent income-generating activity pursued alongside his or her appointment as an auditor general; any appointment at a municipality or county council, if the appointment is not of a purely temporary nature; and any other employment, appointment or ownership which might be presumed to affect the performance of his or her duties. art 13 the riksdag may remove an auditor general from office in response to a request from the committee on the constitution. if an auditor general retires ahead of time, the riksdag shall elect a successor without delay to serve for a new seven-year period. art 14 the riksdag elects the parliamentary council of the national audit office for the electoral period of the riksdag. the council consists of one member from each party group, which corresponds to a party which obtained at least four per cent of the national vote at the election to the riksdag. no deputy members shall be appointed. the riksdag elects a chair and one or more deputy chairs from among the members of the council. the chair and each deputy chair are elected individually. part 11. the war delegation art 15 the riksdag shall elect a war delegation from among its members, in accordance with chapter 15, article 2 of the instrument of government. the war delegation consists of the speaker as chair, and fifty other members elected by the riksdag for the electoral period of the riksdag. a member of the riksdag is eligible to be a member of the war delegation irrespective of whether he or she is also a minister. no deputy members are appointed for the war delegation. if a member is permanently prevented from attending after the war delegation has replaced the riksdag, another member of the riksdag is appointed to replace him or her as laid down in chapter 7, article 12, paragraph one. supplementary provision 8.15.1 the chair and deputy chair of the war delegation prepare the activities of the delegation in the event of the delegation replacing the riksdag. supplementary provision 8.15.2 the rules laid down in chapter 4, article 13, paragraph one, sentence one, and paragraph two; and supplementary provisions 4.12.1, paragraph two, 4.12.2 and 4.12.4 apply also to the war delegation at a time when the delegation is not acting in place of the riksdag. part 12. further rules art 16 the riksdag may adopt more detailed rules concerning riksdag bodies and appoint representatives in certain cases. supplementary provision 8.16.1 the riksdag determines statutes for the riksbank tercentenary foundation and elects twelve members of the board of the foundation in accordance with article 3 of the foundation's statutes (rfs 1988:1). the foundation shall report annually to the riksdag on its activities. supplementary provision 8.16.2 in accordance with section 4 of the act on the appointment of permanent salaried judges (2010:1390), the riksdag elects two members to represent the public in the committee on judges and one personal substitute for each of them. chapter 9. provisions concerning personnel and administration part 1. the secretary-general of the riksdag art 1 the chamber appoints a secretary-general. the secretary-general of the riksdag ensures that a record is kept of meetings of the chamber. he or she dispatches the decisions of the riksdag and assists the speaker in the work of the riksdag also in other respects. the secretary-general of the riksdag also acts as head of the riksdag administration and secretary of the war delegation. the election of the secretary-general of the riksdag is held at the start of the parliamentary session following an ordinary election for the riksdag and is valid until a new election of the secretary-general is held. the election shall be prepared. if the election is held by secret ballot, then the candidate who receives three quarters or more of the votes cast is elected. if three quarters or more of the votes cast are not obtained, a new election is held. if no candidate receives three quarters or more of the votes cast on this occasion either, the election will be prepared again. supplementary provision 9.1.1 the election of the secretary-general of the riksdag shall be prepared by a group consisting of the speaker and the special representatives of the party groups. part 2. secretariats of the riksdag committees and the committee on european union affairs art 2 the riksdag committees and the committee on european union affairs are assisted by secretariats which form part of the riksdag administration. the head of such a secretariat shall be a swedish citizen. part 3. the riksdag administration art 3 the riksdag draws up instructions for the riksdag administration. art 4 the riksdag administration shall, in respect of the riksdag and authorities under the riksdag, and to the extent determined by the riksdag: deal with questions relating to negotiations on terms and conditions of employment of personnel, and other staff matters; draw up proposals for appropriations under the national budget, but not in respect of the national audit office; deal with questions relating to the administration of the riksdag in general, and questions concerning the financial administration of authorities under the riksdag other than the riksbank; and adopt provisions and recommendations concerning questions under points 1 to 3. part 4. appeals art 5 decisions by a riksdag body in an administrative matter against which appeals may be lodged under special provisions are examined by an administrative court in cases determined by the riksdag, and by the riksdag appeals board in other cases. the appeals board consists of a chair, who shall hold currently, or shall have held previously, an appointment as a permanent salaried judge, and who is not a member of the riksdag, and four other members elected by the riksdag from among its members. the chair is elected separately. elections for the appeals board are valid for the electoral period of the riksdag. the chair of the appeals board shall have a deputy. rules applying to the chair apply also to the deputy chair. at an election by secret ballot of a chair or a deputy chair of the appeals board, the procedure laid down in chapter 8, article 1, paragraph two, is applied. part 5. remuneration of members and other financial terms and conditions art 6 a member of the riksdag shall receive remuneration out of public funds. rules regarding such matters, other financial terms and conditions relating to the mandate, and compensation paid to an alternate for a member of the riksdag are laid down in law. part 6. assistance with factual information art 7 members of the riksdag and riksdag bodies shall have access to library services and shall be entitled in general to assistance in obtaining factual information for their riksdag work. part 7. prosecution art 8 prosecution of officials listed below in respect of offences committed in the exercise of their office may be decided: only by the committee on finance in the case of prosecution of a member of the general council of the riksbank or a member of the executive board of the riksbank; only by the committee on the constitution in the case of prosecution of a member of the riksdag board, the election review board or the riksdag appeals board, or of one of the parliamentary ombudsmen, of one of the auditors general or of the secretary-general of the riksdag. the rules laid down in paragraph one concerning prosecution of a member of the executive board of the riksbank shall not apply in respect of an offence committed in the exercise of the riksbank's decision-making powers under the act on exchange control and regulation of credit (sfs 1992:1602). supplementary provision 9.8.1 special provisions apply to the right to decide on prosecution of particular officials other than those named in article 8. chapter 10. conduct of european union business part 1. information from the european union art 1 the riksdag receives written information about the work of the european union from the union's institutions in accordance with the protocols to the treaties. part 2. government's obligation to inform the riksdag of eu work art 2 in accordance with chapter 10, article 10 of the instrument of government, the government shall keep the riksdag continuously informed concerning developments within the framework of european union cooperation. the government shall account to the riksdag concerning its actions at the european union and shall submit a written communication annually to the riksdag reporting activities at the european union. part 3. government's obligation to inform the riksdag of its position regarding documents from the european union art 3 the government shall inform the riksdag of its position regarding the documents put forward by the institutions of the european union to the riksdag and which the government deems significant. part 4. committees' work with eu business art 4 the committees shall monitor activities at the european union within the subject areas laid down for each committee in chapter 4, articles 4 to 6, and associated supplementary provisions. the government shall deliberate with the committees in matters concerning european union business decided by the committees. the committees may decide that these deliberations are to be open to the public. otherwise the provisions on meetings open to the public and meetings behind closed doors under chapter 4, article 13, and associated supplementary provisions shall apply. if so requested by at least five members of a committee, the committee shall decide to hold deliberations with the government under paragraph two. the committee may reject such a request if such action would so delay consideration of the matter that serious detriment would result. in such a case, the committee shall enter in the record its reasons for rejecting the request. rules concerning the obligation of the government and other state authorities to furnish information concerning european union business to the committees are laid down in chapter 4, article 11. part 5. consideration of eu documents art 5 the riksdag shall consider green papers and white papers which are forwarded to the riksdag in the manner laid down in this paragraph. after conferring with the special representatives of the party groups, the speaker may determine that other documents from the european union, other than draft legislative acts, shall also be considered in this manner. in accordance with chapter 4, articles 1 and 7, the chamber shall refer such a document to the relevant committee under chapter 4, articles 4 to 6, and associated supplementary provisions for examination. the provisions of chapter 4, article 8, apply to the committee's examination of the document. the committee shall obtain any necessary information from the government. the committee shall give an account of its examination in a statement to the chamber. chapter 4, articles 15 and 16, apply to the decision regarding the statement. the chamber takes a decision on the statement in accordance with the rules laid down in chapter 4, article 10; chapter 5, articles 1, 3 to 7 and 10; and associated supplementary provisions. rules concerning the obligation of the government and other state authorities to furnish information concerning european union business to the committees are laid down in chapter 4, article 11. part 6. subsidiarity control art 6 the riksdag shall examine whether draft legislative acts conflict with the principle of subsidiarity. in accordance with the provisions laid down in chapter 4, articles 1 and 7, the chamber shall refer a draft to the relevant committee under chapter 4, articles 4 to 6, and associated supplementary provisions, for examination. chapter 4, article 8 is applicable to the committee's examination. within two weeks from the day the committee so requests, the government shall inform the committee of its assessment regarding the application of the principle of subsidiarity to the current draft. if the committee considers that the draft conflicts with the principle of subsidiarity, the committee shall deliver a statement to the chamber with a proposal that the riksdag should send a reasoned opinion to the presidents of the european parliament, the council and the commission. the committee shall also deliver a statement to the chamber if so requested by at least five members of the committee. otherwise the committee shall report to the chamber by means of an extract from the minutes that the draft legislative act does not conflict with the principle of subsidiarity. the provisions of chapter 4, articles 15 and 16 apply to the committee's decision to deliver a statement. the chamber makes a decision on the statement in accordance with the rules laid down in chapter 4, article 10; chapter 5, articles 1, 3 to 7 and 10; and associated supplementary provisions. the committee on the constitution shall monitor the application of the principle of subsidiarity and shall inform the chamber annually of its observations. part 7. members of a convention for treaty amendments in the european union art 7 from among its members the chamber shall elect members and deputy members to conventions set up to prepare treaty amendments in the european union. if an election to the riksdag takes place while a convention is deliberating, the riksdag shall elect new members and deputy members to the convention after the election to the riksdag. otherwise the provisions of chapter 7, articles 2 to 5 and 7 apply to the election of convention members and chapter 7, article 9 to the duties of their deputies. convention members shall present information about the work of the convention at meetings of the chamber. part 8. approval of certain initiatives from the european union art 8 the riksdag shall approve or reject initiatives from the european council to decide on an authorisation for the council to amend the decision-making procedure in a particular area or in a particular case from unanimity to a qualified majority or from a special legislative procedure to the ordinary legislative procedure. the riksdag shall similarly approve or reject proposals from the european commission to specify aspects of family law that have cross-border consequences and that can be the subject of legislative acts adopted in accordance with the ordinary legislative procedure. in accordance with chapter 4, articles 1 and 7, the chamber shall refer initiatives to the relevant committee under chapter 4, articles 4 to 6, and associated supplementary provisions, for examination. the provisions of chapter 4, article 8 apply to the committee's consideration. the committee shall obtain the necessary information from the government. the committee shall present its proposals for a decision in a statement to the chamber. the provisions of chapter 4, articles 15 and 16 apply to the decision to deliver a statement. the chamber makes a decision on the statement in accordance with the rules laid down in chapter 4, article 10; chapter 5, articles 1, 3 to 7 and 10; and associated supplementary provisions. the riksdag shall inform the presidents of the european council, the commission and the council of its decision to reject an initiative or a proposal by means of a written communication. part 9. the committee on eu affairs art 9 the riksdag shall appoint from among its members for each electoral period a committee on european union affairs (the committee on eu affairs) to confer with the government under chapter 10, article 10 of the instrument of government. the committee on eu affairs shall consist of an odd number of members, but no fewer than fifteen. at meetings of the committee on eu affairs, each party group represented on the committee has the right to substitute for one member of the committee a member of the parliamentary committee whose field of responsibility is affected by the issues under consideration at the committee's deliberations with the government. this right does not, however, apply to a party group which already has a member or deputy member on the committee who is also a member of the parliamentary committee concerned. supplementary provision 10.9.1 the size of the committee on eu affairs is determined by the riksdag in response to a proposal from the nominations committee. part 10. government's obligation to inform and consult the committee on eu affairs art 10 the government shall inform the committee on eu affairs of matters which are to be decided by the council of the european union. the government shall also consult the committee regarding the conduct of negotiations in the council prior to decisions in the council. the government shall deliberate with the committee on eu affairs concerning other matters associated with the work of the european union, if so requested by the committee on special grounds. the government shall consult the committee prior to meetings of the european council. part 11. meetings of the committee on eu affairs art 11 the committee on eu affairs shall meet behind closed doors. the committee may, however, determine that a meeting shall be open to the public, in whole or in part. the committee may permit a person other than a member, deputy member, minister, official accompanying a minister or official of the committee also to be present at a meeting behind closed doors. a representative of a state authority shall not be obliged, during a public part of a meeting, to furnish information which is subject to secrecy rules at the authority. supplementary provision 10.11.1 the committee on eu affairs convenes for the first time within two days from its election in response to a summons from the speaker. the committee is convened thereafter by its chair. the chair shall convene the committee if so requested by at least five members of the committee. a personal summons shall be sent to all members and deputy members. the summons should be posted, if possible, in the premises of the riksdag no later than 6 p.m. on the day prior to the meeting. supplementary provision 10.11.2 pending the election of a chair, that member from among those present who has been a member of the riksdag longest presides. if two or more members have been members of the riksdag equally long, the member who is senior in age has precedence. supplementary provision 10.11.3 sound or video recordings may be made of a public part of a meeting of the committee on eu affairs unless otherwise determined by the committee. supplementary provision 10.11.4 special places shall be provided for the general public at a public part of a meeting of the committee on eu affairs. a member of the public who creates a disturbance may be ejected forthwith. in the event of disorder developing among the general public, the chair may have all the members of the public ejected. a visitor attending a public part of a meeting of the committee shall surrender, on request, his or her outdoor clothing, carrying bags, and any objects capable of being used to create a disturbance at the meeting. a person who fails to comply with such a request may be refused admission to the meeting. personal possessions thus surrendered shall be stored in special accommodation for the duration of the visit. rules concerning security controls are laid down in the act on security controls in the riksdag (sfs 1988:144). part 12. duty of confidentiality in the committee on eu affairs art 12 a member, deputy member, or official of the committee on eu affairs may not without authority disclose any matter which the government, or the committee, has determined shall be kept secret, with regard to the security of the realm or for any other reason of exceptional importance arising out of relations with another state or an international organisation. part 13. record of meetings of the committee on eu affairs art 13 a record shall be kept at meetings of the committee on eu affairs. a shorthand record shall be kept of statements made at meetings at which the committee confers with the government. transitional provisions part 1. transitional provisions 1974 this riksdag act supersedes the previous riksdag act. part 2. transitional provisions relating to 2010 amendments this act comes into force on 1 july 2011 as regards supplementary provisions 4.6.9 and 4.6.11 and otherwise on 1 august 2010. preamble the people of sri lanka having, by their mandate freely expressed and granted on the sixth day of the waxing moon in the month of adhi nikini in the year two thousand five hundred and twenty one of the buddhist era (being thursday the twenty first day of the month of july in the year one thousand nine hundred and seventy seven), entrusted to and empowered their representatives elected on that day to draft, adopt and operate a new republican constitution in order to achieve the goals of a democratic socialist republic, and having solemnly resolved by the grant of such mandate and the confidence reposed in their said representatives who were elected by an overwhelming majority, to constitute sri lanka into a democratic socialist republic whilst ratifying the immutable republican principles of representative democracy and assuring to all peoples freedom, equality, justice, fundamental human rights and the independence of the judiciary as the intangible heritage that guarantees the dignity and well-being of succeeding generations of the people of sri lanka and of all the people of the world, who come to share with those generations the effort of working for the creation and preservation of a justand free society: we, the freely elected representatives of the people of sri lanka, in pursuance of such mandate, humbly acknowledging our obligations to our people and gratefully remembering their heroic and unremitting struggle to regain and preserve their rights and privileges so that the dignity and freedom of the individual may be assured, just, social, economic and cultural order attained, the unity of the country restored, and concord established with other nations, do hereby adopt and enact this constitution as the supreme law of the democratic socialist republic of sri lanka. chapter i. the people, the state and sovereignty 1. the state sri lanka (ceylon) is a free, sovereign, independent and democratic socialist republic and shall be known as the democratic socialist republic of sri lanka. 2. unitary state the republic of sri lanka is a unitary state. 3. sovereignty of the people in the republic of sri lanka sovereignty is in the people and is inalienable. sovereignty includes the powers of government, fundamental rights and the franchise. 4. exercise of sovereignty the sovereignty of the people shall be exercised and enjoyed in the following manner:– the legislative power of the people shall be exercised by parliament, consisting of elected representatives of the people and by the people at a referendum; the executive power of the people, including the defence of sri lanka, shall be exercised by the president of the republic elected by the people; the judicial power of the people shall be exercised by parliament through courts, tribunals and institutions created and established, or recognized, by the constitution, or created and established by law, except in regard to matters relating to the privileges, immunities and powers of parliament and of its members, wherein the judicial power of the people may be exercised directly by parliament according to law; the fundamental rights which are by the constitution declared and recognized shall be respected, secured and advanced by all the organs of government and shall not be abridged, restricted or denied, save in the manner and to the extent hereinafter provided; and the franchise shall be exercisable at the election of the president of the republic and of the members of parliament and at every referendum by every citizen who has attained the age of eighteen years and who, being qualified to be an elector as hereinafter provided, has his name entered in the register of electors. 5. territory of the republic the territory of the republic of sri lanka shall consist of the twenty-five administrative districts, the names of which are set out in the first schedule and its territorial waters: provided that such administrative districts may be subdivided or amalgamated so as to constitute different administrative districts, as parliament may by resolution determine. 6. the national flag the national flag of the republic of sri lanka shall be the lion flag depicted in the second schedule. 7. the national anthem the national anthem of the republic of sri lanka shall be “sri lanka matha”, the words and music of which are set out in the third schedule. 8. the national day the national day of the republic of sri lanka shall be the fourth day of february. chapter ii. buddhism the republic of sri lanka shall give to buddhism the foremost place and accordingly it shall be the duty of the state to protect and foster the buddha sasana, while assuring to all religions the rights granted by articles 10 and 14(1)(e). chapter iii. fundamental rights 10. freedom of thought, conscience and religion every person is entitled to freedom of thought, conscience and religion, including the freedom to have or to adopt a religion or belief of his choice. 11. freedom from torture no person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. 12. right to equality all persons are equal before the law and are entitled to the equal protection of the law. no citizen shall be discriminated against on the grounds of race, religion, language, caste, sex, political opinion, place of birth or any one of such grounds: provided that it shall be lawful to require a person to acquire within a reasonable time sufficient knowledge of any language as a qualification for any employment or office in the public, judicial or local government service or in the service of any public corporation, where such knowledge is reasonably necessary for the discharge of the duties of such employment or office: provided further that it shall be lawful to require a person to have a sufficient knowledge of any language as a qualification for any such employment or office where no function of that employment or office can be discharged otherwise than with a knowledge of that language. no person shall, on the grounds of race, religion, language, caste, sex or any one of such grounds, be subject to any disability, liability, restriction or condition with regard to access to shops, public restaurants, hotels, places of public entertainment and places of public worship of his own religion. nothing in this article shall prevent special provision being made, by law, subordinate legislation or executive action, for the advancement of women, children or disabled persons. 13. freedom from arbitrary arrest, detention and punishment, and prohibition of retrospective penal legislation no person shall be arrested except according to procedure established by law. any person arrested shall be informed of the reason for his arrest. every person held in custody, detained or otherwise deprived of personal liberty shall be brought before the judge of the nearest competent court according to procedure established by law and shall not be further held in custody, detained or deprived of personal liberty except upon and in terms of the order of such judge made in accordance with procedure established by law. any person charged with an offence shall be entitled to be heard, in person or by an attorney-at-law, at a fair trial by a competent court. no person shall be punished with death or imprisonment except by order of a competent court, made in accordance with procedure established by law. the arrest, holding in custody, detention or other deprivation of personal liberty of a person, pending investigation or trial, shall not constitute punishment. every person shall be presumed innocent until he is proved guilty: provided that the burden of proving particular facts may, by law, be placed on an accused person. no person shall be held guilty of an offence on account of any act or omission which did not, at the time of such act or omission, constitute such an offence and no penalty shall be imposed for any offence more severe than the penalty in force at the time such offence was committed. nothing in this article shall prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by the community of nations. it shall not be contravention of this article to require the imposition of a minimum penalty for an offence provided that such penalty does not exceed the maximum penalty prescribed for such offence at the time such offence was committed. the arrest, holding in custody, detention or other deprivation of personal liberty of a person, by reason of a removal order or a deportation order made under the provisions of the immigrants and emigrants act or the indo-ceylon agreement (implementation) act, no. 14 of 1967, or such other law as may be enacted in substitution therefor, shall not be a contravention of this article. 14. freedom of speech, assembly, association, occupation, movement etc every citizen is entitled to – the freedom of speech and expression including publication; the freedom of peaceful assembly; the freedom of association; the freedom to form and join a trade union; the freedom, either by himself or in association with others, and either in public or in private, to manifest his religion or belief in worship, observance, practice and teaching; the freedom by himself or in association with others to enjoy and promote his own culture and to use his own language; the freedom to engage by himself or in association with others in any lawful occupation, profession, trade, business or enterprise; the freedom of movement and of choosing his residence within sri lanka; and the freedom to return to sri lanka. a person who, not being a citizen of any other country, has been permanently and legally resident in sri lanka immediately prior to the commencement of the constitution and continues to be so resident shall be entitled, for a period of ten years from the commencement of the constitution, to the rights declared and recognized by paragraph (1) of this article. 14a. right of access to information every citizen shall have the right of access to any information as provided for by law, being information that is required for the exercise or protection of a citizen’s right held bythe state, a ministry or any government department or any statutory body established or created by or under any law; any ministry of a minster of the board of ministers of a province or any department or any statutory body established or created by a statute of a provincial council; any local authority; and any other person, who is in possession of such information relating to any institution referred to in sub-paragraphs (a) (b) or (c) of this paragraph. no restrictions shall be placed on the right declared and recognized by this article, other than such restrictions prescribed by law as are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals and of the reputation or the rights of others, privacy, prevention of contempt of court, protection of parliamentary privilege, for preventing the disclosure of information communicated in confidence, or for maintaining the authority and impartiality of the judiciary. in this article, “citizen” includes a body whether incorporated or unincorporated, if not less than three-fourths of the members of such body are citizens. 15. restrictions on fundamental rights the exercise and operation of the fundamental rights declared and recognized by articles 13(5) and 13(6) shall be subject only to such restrictions as may be prescribed by law in the interests of national security. for the purposes of this paragraph “law” includes regulations made under the law for the time being relating to public security. the exercise and operation of the fundamental right declared and recognized by article 14(1)(a) shall be subject to such restrictions as may be prescribed by law in the interests of racial and religious harmony or in relation to parliamentary privilege, contempt of court, defamation or incitement to an offence. the exercise and operation of the fundamental right declared and recognized by article 14(1)(b) shall be subject to such restrictions as may be prescribed by law in the interests of racial and religious harmony. the exercise and operation of the fundamental right declared and recognized by article 14(1)(c) shall be subject to such restrictions as may be prescribed by law in the interests of racial and religious harmony or national economy. the exercise and operation of the fundamental right declared and recognized by article 14(1)(g) shall be subject to such restrictions as may be prescribed by law in the interests of national economy or in relation to – the professional, technical, academic, financial and other qualifications necessary for practising any profession or carrying on any occupation, trade, business or enterprise and the licensing and disciplinary control of the person entitled to such fundamental right; and the carrying on by the state, a state agency or a public corporation of any trade, business, industry, service or enterprise whether to the exclusion, complete or partial, of citizens or otherwise. the exercise and operation of the fundamental right declared and recognized by article 14(1)(h) shall be subject to such restrictions as may be prescribed by law in the interests of national economy. the exercise and operation of all the fundamental rights declared and recognized by articles 12, 13(1), 13(2) and 14 shall be subject to such restrictions as may be prescribed by law in the interests of national security, public order and the protection of public health or morality, or for the purpose of securing due recognition and respect for the rights and freedoms of others, or of meeting the just requirements of the general welfare of a democratic society. for the purposes of this paragraph “law” includes regulations made under the law for the time being relating to public security. the exercise and operation of the fundamental rights declared and recognized by articles 12(1), 13 and 14 shall, in their application to the members of the armed forces, police force and other forces charged with the maintenance of public order, be subject to such restrictions as may be prescribed by law in the interests of the proper discharge of their duties and the maintenance of discipline among them. 16. existing written law and unwritten law to continue in force all existing written law and unwritten law shall be valid and operative notwithstanding any inconsistency with the preceding provisions of this chapter. the subjection of any person on the order of a competent court to any form of punishment recognized by any existing written law shall not be a contravention of the provisions of this chapter. 17. remedy for the infringement of fundamental rights by executive action every person shall be entitled to apply to the supreme court, as provided by article 126, in respect of the infringement or imminent infringement, by executive or administrative action, of a fundamental right to which such person is entitled under the provisions of this chapter. chapter iv. language 18. official language the official language of sri lanka shall be sinhala. tamil shall also be an official language. english shall be the link language. parliament shall by law provide for the implementation of the provisions of this chapter. 19. national languages the national languages of sri lanka shall be sinhala and tamil. 20. use of national languages in parliament, provincial councils and local authorities a member of parliament or a member of a provincial council or a local authority shall be entitled to perform his duties and discharge his functions in parliament or in such provincial council or local authority in either of the national languages. 21. medium of instruction a person shall be entitled to be educated through the medium of either of the national languages: provided that the provisions of this paragraph shall not apply to an institution of higher education where the medium of instruction is a language other than a national language. where one national language is a medium of instruction for or in any course, department or faculty of any university directly or indirectly financed by the state, the other national language shall also be made a medium of instruction for or in such course, department or faculty for students who prior to their admission to such university, were educated through the medium of such other national language: provided that compliance with the preceding provisions of this paragraph shall not be obligatory if such other national language is the medium of instruction for or in any like course, department or faculty either at any other campus or branch of such university or of any other like university. in this article “university” includes any institution of higher education. 22. languages of administration sinhala and tamil shall be the languages of administration throughout sri lanka and sinhala shall be the language of administration and be used for the maintenance of public records and the transaction of all business by public institutions of all the provinces of sri lanka other than the northern and eastern provinces where tamil shall be so used: provided that the president may, having regard to the proportion which the sinhala or tamil linguistic minority population in any unit comprising a division of an assistant government agent, bears to the total population of that area, direct that both sinhala and tamil or a language other than the language used as the language of administration in the province in which such area may be situated, be used as the language of administration for such area. in any area where sinhala is used as the language of administration a person other than an official acting in his official capacity, shall be entitled: to receive communications from and to communicate and transact business with, any official in his official capacity, in either tamil or english; if the law recognizes his right to inspect or to obtain copies of or extracts from any official register, record, publication or other document, to obtain a copy of, or an extract from such register, record, publication or other document, or a translation thereof, as the case may be, in either tamil or english; where a document is executed by any official for the purpose of being issued to him, to obtain such document or a translation thereof, in either tamil or english; in any area where tamil is used as the language of administration, a person other than an official acting in his official capacity, shall be entitled to exercise the rights and to obtain the services, referred to in sub paragraphs (a), (b) and (c) of paragraph (2) of this article, in sinhala or english. a provincial council or a local authority which conducts its business in sinhala shall be entitled to receive communications from and to communicate and transact business with, any official in his official capacity, in sinhala and a provincial council or a local authority which conducts its business in tamil shall be entitled to receive communications from and to communicate and transact business with, any official in his official capacity, in tamil: provided, however, that a provincial council, local authority, public institution or any official receiving communications from transacting business with any other or provincial council, local authority, public institution or an official functioning in an area in which a different language is used as the language of administration shall be entitled to receive communications from and to communicate and transact business in english. a person shall be entitled to be examined through the medium of either sinhala or tamil or a language of his choice at any examination for the admission of persons to the public service, judicial service, provincial public service, local government service or any public institution, subject to the condition that he may be required to acquire a sufficient knowledge of tamil or sinhala, as the case may be, within a reasonable time after admission to such service or public institution where such knowledge is reasonably necessary for the discharge of his duties: provided that a person may be required to have a sufficient knowledge of sinhala or tamil, as a condition for admission to any such service or public institution where no function of the office or employment for which he is recruited can be discharged otherwise than with a sufficient knowledge of such language. in this article – “official” means the president, any minister, deputy minister, governor, chief minister or minister of the board of ministers of a province, or any officer of a public institution; local authority or provincial council; and “public institution” means a department or institution of the government, a public corporation or statutory institution. 23. language of legislation all laws and subordinate legislation shall be enacted or made and published in sinhala and tamil, together with a translation thereof in english: provided that parliament shall, at the stage of enactment of any law determine which text shall prevail in the event of any inconsistency between texts: provided further that in respect of all other written laws and the text in which such written laws was enacted or adopted or made, shall prevail in the event of any inconsistency between such texts. all orders, proclamations, rules, by-laws, regulations and notifications made or issued under any written law other than those made or issued by a provincial council or a local authority and the gazette shall be published in sinhala and tamil together with a translation thereof in english. all orders, proclamations, rules, by-laws, regulations and notifications made or issued under any written law by any provincial council or local authority and all documents, including circulars and forms issued by such body or any public institution shall be published in the language used in the administration in the respective areas in which they function, together with a translation thereof in english. all laws and subordinate legislation in force immediately prior to the commencement of the constitution, shall be published in the gazette in the sinhala and tamil language as expeditiously as possible. 24. languages of the courts sinhala and tamil shall be the languages of the courts throughout sri lanka and sinhala shall be used as the language of the courts situated in all the areas of sri lanka except those in any area where tamil is the language of administration. the record and proceedings shall be in the language of the court. in the event of an appeal from any court records shall also be prepared in the language of the court hearing the appeal, if the language of such court is other than the language used by the court from which the appeal is preferred: provided that the minister in charge of the subject of justice may, with the concurrence of the cabinet of ministers direct that the record of any court shall also be maintained and the proceedings conducted in a language other than the language of the court; any party or applicant or any person legally entitled to represent such party or applicant may initiate proceedings and submit to court pleadings and other documents and participate in the proceedings in courts, in either sinhala or tamil. any judge, juror, party or applicant or any person legally entitled to represent such party or applicant, who is not conversant with the language used in a court, shall be entitled to interpretation and to translation into sinhala or tamil provided by the state, to enable him to understand and participate in the proceedings before such court and shall also be entitled to obtain in such language any such part of the record or a translation thereof, as the case may be, as he may be entitled to obtain according to law. the minister in charge of the subject of justice may, with the concurrence of the cabinet of ministers, issue, directions permitting the use of english in or in relation to the records and proceedings in any court for all purposes or for such purposes as may be specified therein. every judge shall be bound to implement such directions. in this article – “court” means any court or tribunal created and established for the administration of justice including the adjudication and settlement of industrial and other disputes, or any other tribunal or institution exercising judicial or quasi-judicial functions or any tribunal or institution created and established for the conciliation and settlement of disputes; "judge” includes the president, chairman, presiding officer and member of any court; and “record” includes pleadings, judgments, orders and other judicial and ministerial acts. 25. provision for adequate facilities for use of languages provided for in this chapter the state shall provide adequate facilities for the use of the languages provided for in this chapter. 25a. provision of any law inconsistent with this chapter deemed to be repealed in the event of any inconsistency between the provisions of any law and the provisions of this chapter, the provisions of this chapter shall prevail. chapter v. citizenship 26. citizenship of sri lanka there shall be one status of citizenship known as “the status of a citizen of sri lanka”. a citizen of sri lanka shall for all purposes be described only as a “citizen of sri lanka”, whether such person became entitled to citizenship by descent or by virtue of registration in accordance with the law relating to citizenship. no distinction shall be drawn between citizens of sri lanka for any purpose by reference to the mode of acquisition of such status, as to whether acquired by descent or by virtue of registration. no citizen of sri lanka shall be deprived of his status of a citizen of sri lanka, except under and by virtue of the provisions of sections 19, 20, 21 and 22 of the citizenship act: provided that the provisions of sections 23 and 24 of that act shall also be applicable to a person who became entitled to the status of a citizen of sri lanka by virtue of registration under the provisions of section 11, 12 or 13 of that act. every person who immediately prior to the commencement of the constitution was a citizen of sri lanka, whether by descent or by virtue of registration in accordance with any law relating to citizenship, shall be entitled to the status and to the rights of a citizen of sri lanka as provided in the preceding provisions of this article. the provisions of all existing written laws relating to citizenship and all other existing written laws wherein reference is made to citizenship shall be read subject to the preceding provisions of this article. chapter vi. directive principles of state policy and fundamental duties 27. directive principles of state policy the directive principles of state policy herein contained shall guide parliament, the president and the cabinet of ministers in the enactment of laws and the governance of sri lanka for the establishment of a just and free society. the state is pledged to establish in sri lanka a democratic socialist society, the objectives of which include – the full realization of the fundamental rights and freedoms of all persons; the promotion of the welfare of the people by securing and protecting as effectively as it may, a social order in which justice (social, economic and political) shall guide all the institutions of the national life; the realization by all citizens of an adequate standard of living for themselves and their families, including adequate food, clothing and housing, the continuous improvement of living conditions and the full enjoyment of leisure and social and cultural opportunities; the rapid development of the whole country by means of public and private economic activity and by laws prescribing such planning and controls as may be expedient for directing and co-ordinating such public and private economic activity towards social objectives and the public weal; the equitable distribution among all citizens of the material resources of the community and the social product, so as best to subserve the common good; the establishment of a just social order in which the means of production, distribution and exchange are not concentrated and centralised in the state, state agencies or in the hands of a privileged few, but are dispersed among and owned by, all the people of sri lanka; raising the moral and cultural standards of the people and ensuring the full development of human personality; and the complete eradication of illiteracy and the assurance to all persons of the right to universal and equal access to education at all levels. the state shall safeguard the independence, sovereignty, unity and the territorial integrity of sri lanka. the state shall strengthen and broaden the democratic structure of government and the democratic rights of the people by decentralising the administration and by affording all possible opportunities to the people to participate at every level in national life and in government. the state shall strengthen national unity by promoting co-operation and mutual confidence among all sections of the people of sri lanka, including the racial, religious, linguistic and other groups and shall take effective steps in the fields of teaching, education and information in order to eliminate discrimination and prejudice. the state shall ensure equality of opportunity to citizens, so that no citizen shall suffer any disability on the ground of race, religion, language, caste, sex, political opinion or occupation. the state shall eliminate economic and social privilege and disparity and the exploitation of man by man or by the state. the state shall ensure that the operation of the economic system does not result in the concentration of wealth and the means of production to the common detriment. the state shall ensure social security and welfare. the state shall assist the development of the cultures and the languages of the people. the state shall create the necessary economic and social environment to enable people of all religious faiths to make a reality of their religious principles. the state shall recognize and protect the family as the basic unit of society. the state shall promote with special care the interests of children and youth, so as to ensure their full development, physical, mental, moral, religious and social, and to protect them from exploitation and discrimination. the state shall protect, preserve and improve the environment for the benefit of the community. the state shall promote international peace, security and cooperation, and the establishment of a just and equitable international economic and social order and shall endeavour to foster respect for international law and treaty obligations in dealings among nations. 28. fundamental duties the exercise and enjoyment of rights and freedoms are inseparable from the performance of duties and obligations and accordingly it is the duty of every person in sri lanka – to uphold and defend the constitution and the law; to further the national interest and to foster national unity; to work conscientiously in his chosen occupation; to preserve and protect public property and to combat misuse and waste of public property; to respect the rights and freedoms of others; and to protect nature and conserve its riches. 29. principles of state policy and fundamental duties not justifiable the provisions of this chapter do not confer or impose legal rights or obligations and are not enforceable in any court or tribunal. no question of inconsistency with such provisions shall be raised in any court or tribunal. chapter vii. the executive the president of the republic 30. the president of the republic there shall be a president of the republic of sri lanka, who is the head of the state, the head of the executive and of the government and the commander-in-chief of the armed forces. the president of the republic shall be elected by the people and shall hold office for a term of five years. 31. the election and the term of office of the president any citizen who is qualified to be elected to the office of president may be nominated as a candidate for such office – by a recognized political party; or if he is or has been an elected member of the legislature, by any other political party or by an elector whose name has been entered in any register of electors. no person who has been twice elected to the office of president by the people, shall be qualified thereafter to be elected to such office by the people. the poll for the election of the president shall be taken not less than one month and not more than two months before the expiration of the term of office of the president in office. 3a notwithstanding anything to the contrary in the preceding provisions of this chapter, the president may, at any time after the expiration of four years from the commencement of his first term of office, by proclamation, declare his intention of appealing to the people for a mandate to hold office, by election, for a further term: upon the making of a proclamation under sub-paragraph (i) the commissioner of elections shall be required to take a poll for the election of the president. if, at any time after the date of proclamation referred to in paragraph (a), and before the close of the poll at the election held in pursuance of such proclamation, the president in office dies, such proclamation shall be deemed to have been revoked with effect from the date of such death and the election to be held in pursuance of such proclamation shall be deemed to be cancelled. the vacancy in the office of president caused by such death shall be filled in accordance with the provisions of article 40. if, at any time between the close of the poll at an election held under this paragraph and the declaration of the result of such election, a candidate at such election dies, the commissioner of elections shall proceed with the count and declare the result of such election, notwithstanding the death of such candidate. if the person entitled to be declared elected as president is dead at the time of the declaration of the result of such election, the commissioner of elections shall not declare the result of such election but shall take a fresh poll for the election of the president. if by reason of the death referred to in sub-paragraph (i) there is a vacancy in the office of president, the prime minister shall act in the office of president during the period between the occurrence of such vacancy and the assumption of office by the new president and shall appoint one of the other ministers of the cabinet to act in the office of prime minister: provided that if the office of prime minister be then vacant or the prime minister is unable to act, the speaker shall act in the office of president. the person declared elected as president at an election held under this paragraph shall, if such person – is the president in office, hold office for a term of five years commencing on such date in the year in which that election is held (being a date after such election) or in the succeeding year, as corresponds to the date on which his first term of office commenced, whichever date is earlier; or is not the president in office, hold office for a term of five years commencing on the date on which the result of such election is declared. a person succeeding to the office of president under the provisions of article 40 shall not be entitled to exercise the right conferred on a president by sub-paragraph (a) of this paragraph. for the purposes of this paragraph, the first term of office of the first president referred to in article 160 shall be deemed to have commenced on february 4, 1978. (where a poll for the election of a president is taken, the term of office of the person elected as president at such election shall commence on the expiration of the term of office of the president in office: provided that notwithstanding anything to the contrary in article 40 – if any person declared elected as president at a poll for the election of a president dies at any time after his being declared elected as president and before the date on which his term of office would, but for his death, have commenced, the commissioner of elections, shall take a fresh poll for the election of a president. if the date fixed for such fresh poll is a date later than such first-mentioned date, the term of office of the person declared elected at such poll shall, notwithstanding the preceding provisions of this article, be deemed to have commenced on such first-mentioned date. for the purposes only of article 38(1)(d), the date of commencement of the term of office of the new president shall be the date of his election; where the president in office is not a candidate or is not reelected, at a poll for the election of a president, his term of office shall be deemed to have expired on the date on which the result of such election is declared. the person elected as president at such election shall assume office forthwith, but not later than two weeks from such date: provided that the president in office, notwithstanding anything to the contrary in article 30, shall continue to exercise, perform and discharge the powers, duties and functions of the office of president until the assumption of office by the person declared elected as president. if the office of president becomes vacant, by reason of the person declared elected as president failing to assume office, the president in office shall continue to exercise, perform and discharge the powers, duties and functions of the office of president, until the prime minister or if the office of prime minister be then vacant or if the prime minister be unable to act, the speaker commences to act in the office of president in terms of article 40; if by reason of the death referred to in sub-paragraph (a) there is a vacancy in the office of president, the prime minister shall act in the office of president during the period between the occurrence of such vacancy and the assumption of office by the new president and shall appoint one of the other ministers of the cabinet to act as prime minister: provided that if the office of prime minister be then vacant or the prime minister is unable to act, the speaker shall act in the office of president. the election of the president shall be conducted by the commissioner of elections who shall fix the date for the nomination of candidates for such election and the date on which the poll shall be taken. parliament shall by law make provision for – the nomination of candidates for the election of president; the register of electors to be used at and the procedure for the election of the president; the creation of offences relating to such election and the punishment therefor; the grounds and manner of avoiding such election and of determining any disputed election; and all other matters necessary or incidental thereto. 32. assumption of office the person elected or succeeding to the office of president shall assume office upon taking and subscribing the oath or making and subscribing the affirmation, set out in the fourth schedule, in sri lanka before the chief justice or any other judge of the supreme court. upon such assumption of office the president shall cease to hold any other office created or recognized by the constitution and if he is a member of parliament, shall vacate his seat in parliament. the president shall not hold any other office or place of profit whatsoever. the president shall, by virtue of his office attend parliament once in every three months. in the discharge of this function the president shall be entitled to all the privileges, immunities and powers of a member of parliament, other than the entitlement to vote, and shall not be liable for any breach of the privileges of parliament or of its members. the president shall by virtue of his office, also have the right to address and send messages to parliament. 33. duties, powers and functions of the president it shall be the duty of the president toensure that the constitution is respected and upheld; promote national reconciliation and integration; ensure and facilitate the proper functioning of the constitutional council and the institutions referred to in chapter viia; and on the advice of the election commission, ensure the creation of proper conditions for the conduct of free and fair elections and referenda. in addition to the powers, duties and functions expressly conferred or imposed on, or assigned to the president by the constitution or other written law, the president shall have the power – to make the statement of government policy in parliament at the commencement of each session of parliament; to preside at ceremonial sittings of parliament; to summon, prorogue and dissolve parliament; to receive and recognize, and to appoint and accredit, ambassadors, high commissioners, plenipotentiaries and other diplomatic agents; to appoint as president’s counsel, attorneys-at-law who have reached eminence in the profession and have maintained high standards of conduct and professional rectitude. every president’s counsel appointed under this paragraph shall be entitled to all such privileges as were hitherto enjoyed by queen’s counsel; to keep the public seal of the republic, and to make and execute under the public seal, the acts of appointment of the prime minister and other ministers of the cabinet of ministers, the chief justice and other judges of the supreme court, the president of the court of appeal and other judges of the court of appeal, and such grants and dispositions of lands and other immovable property vested in the republic as the president is by law required or empowered to do, and to use the public seal for sealing all things whatsoever that shall pass that seal; to declare war and peace; and to do all such acts and things, not inconsistent with the provisions of the constitution or written law, as by international law, custom or usage the president is authorized or required to do. 33a. president to be responsible to parliament the president shall be responsible to parliament for the due exercise, performance and discharge of his powers, duties and functions under the constitution and any written law, including the law for the time being relating to public security. 34. grant of pardon the president may in the case of any offender convicted of any offence in any court within the republic of sri lanka – grant a pardon, either free or subject to lawful conditions; grant any respite, either indefinite for such period as the president may think fit, of the execution of any sentence passed on such offender; substitute a less severe form of punishment for any punishment imposed on such offender; or remit the whole or any part of any punishment imposed or of any penalty or forfeiture otherwise due to the republic on account of such offence: provided that where any offender shall have been condemned to suffer death by the sentence of any court, the president shall cause a report to be made to him by the judge who tried the case and shall forward such report to the attorney-general with instructions that after the attorney-general has advised thereon, the report shall be sent together with the attorney-general’s advice to the minister in charge of the subject of justice, who shall forward the report with his recommendation to the president. the president may in the case of any person who is or has become subject to any disqualification specified in paragraph (d), (e), (f), (g) or (h) of article 89 or sub-paragraph (g) of paragraph (1) of article 91 — grant a pardon, either free or subject to lawful conditions; or reduce the period of such disqualification. when any offence has been committed for which the offender may be tried within the republic of sri lanka, the president may grant a pardon to any accomplice in such offence who shall give such information as shall lead to the conviction of the principal offender or of any one of such principal offenders, if more than one. 35. immunity of president from suit while any person holds office as president of the republic of sri lanka, no civil or criminal proceedings shall be instituted or continued against the president in respect of anything done or omitted to be done by the president, either in his official or private capacity: provided that nothing in this paragraph shall be read and construed as restricting the right of any person to make an application under article 126 against the attorney-general, in respect of anything done or omitted to be done by the president, in his official capacity: provided further that the supreme court shall have no jurisdiction to pronounce upon the exercise of the powers of the president under article 33(2)(g). where provision is made by law limiting the time within which proceedings of any description may be instituted against any person, a period of time during which such person holds the office of president of the republic of sri lanka shall not be taken into account in calculating any period of time prescribed by that law. the immunity conferred by the provisions of paragraph (1) shall not apply to proceedings in the supreme court under paragraph (2) of article 129 and to proceedings under article 130 (a) relating to the election of the president or the validity of a referendum. 36. salary and pension within one month of the commencement of the constitution, parliament shall by resolution determine the salary, allowances and pension entitlement of the holders of the office of president. such pension shall be in addition to any other pension to which such person is entitled by virtue of any prior service. upon the assumption of the office of president the holder of such office shall become entitled to the receipt of such salary and allowances and thereafter, of such pension as may be determined by parliament. any subsequent amendment, repeal or replacement of this article and any subsequent law or any provision thereof inconsistent with this article shall not have retrospective operation. the salary, allowances and pension of the president shall be charged on the consolidated fund. parliament may by resolution increase, but shall not reduce, the salary, allowances or pension entitlement of the holders of the office of president. 37. exercise, performance and discharge of powers, duties and functions of the president by the prime minister if the president is of the opinion that by reason of illness, absence from sri lanka or any other cause he will be unable to exercise, perform and discharge the powers, duties and functions of his office, he may appoint the prime minister to exercise, perform and discharge the powers, duties and functions of the office of president during such period and may also appoint one of the other ministers of the cabinet to act in the office of prime minister during such period: provided that if the office of prime minister be then vacant or the prime minister is unable to act, the president may appoint the speaker to exercise, perform and discharge the powers, duties and functions of the office of president during such period. if the chief justice in consultation with the speaker is of the opinion that the president is temporarily unable to exercise, perform and discharge the powers, duties and functions of his office and is unable to make an appointment in terms of paragraph (1) of this article, he shall communicate in writing his opinion to the speaker and thereupon the prime minister shall exercise, perform and discharge the powers, duties and functions of the office of president during such period and shall appoint one of the ministers of the cabinet to act in the office of prime minister during such period, notwithstanding the absence of such appointment as is provided for in paragraph (1) of this article: provided that if the office of prime minister be then vacant or the prime minister is unable to act, the speaker shall exercise, perform and discharge the powers, duties and functions of the office of president during such period. the provisions of the constitution relating to the president (other than the provisions of paragraph (2) of article 32) shall apply, in so far as they can be applied, to the person so exercising, performing and discharging the powers, duties and functions of the office of president. in this article and in articles 38(1)(b) and 40(1), “the speaker” includes, during any period when parliament is dissolved, the person who held the office of speaker immediately before the dissolution of parliament. 38. vacation of office by president the office of president shall become vacant – upon his death; if he resigns his office by a writing under his hand addressed to the speaker; if he ceases to be a citizen of sri lanka; if the person elected as president willfully fails to assume office within two weeks from the date of commencement of his term of office; if he is removed from office as provided in the next succeeding paragraph; or if the supreme court in the exercise of its powers under article 130(a) determines that his election as president was void and does not determine that any other person was duly elected as president. 2 any member of parliament may, by a writing addressed to the speaker, give notice of a resolution alleging that the president is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity or that the president has been guilty of – intentional violation of the constitution, treason, bribery, misconduct or corruption involving the abuse of the powers of his office, or any offence under any law, involving moral turpitude and setting out full particulars of the allegation or allegations made and seeking an inquiry and report thereon by the supreme court. no notice of such resolution shall be entertained by the speaker or placed on the order paper of parliament unless it complies with the provisions of sub-paragraph (a) and – such notice of resolution is signed by not less than two-thirds of the whole number of members of parliament; or such notice of resolution is signed by not less than one-half of the whole number of members of parliament and the speaker is satisfied that such allegation or allegations merit inquiry and report by the supreme court. where such resolution is passed by not less than two-thirds of the whole number of members (including those not present) voting in its favour, the allegation or allegations contained in such resolution shall be referred by the speaker to the supreme court for inquiry and report. the supreme court shall, after due inquiry at which the president shall have the right to appear and to be heard, in person or by an attorney-at-law, make a report of its determination to parliament together with the reasons therefor. where the supreme court reports to parliament that in its opinion the president is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity or that the president has been guilty of any of the other allegations contained in such resolution, as the case may be, parliament may by a resolution passed by not less than two-thirds of the whole number of members (including those not present) voting in its favour remove the president from office. 39. determination by the supreme court that the president was not duly elected or the election of the president was void where the supreme court in the exercise of its jurisdiction under article 130 determines – that the election of the president was void and does not determine that any other person was duly elected, then, a poll for the election of the president shall be taken not later than three months from the date of the determination; or that any other person was duly elected as president, then, such other person shall assume the office of president within one month of the date of the determination. for the purposes of article 38(1)(d), the date of commencement of the term of office of the new president shall be the date of his election or the date of the determination, as the case may be. upon the supreme court making any such determination as is referred to in paragraph (1) of this article, the person who was exercising, performing and discharging the powers, duties and functions of the office of president shall forthwith cease to exercise, perform and discharge such powers, duties and functions. during the period intervening between the date of such determination and the assumption of office by the new president, the prime minister shall act in the office of president and shall appoint one of the other ministers of the cabinet to act in the office of the prime minister: provided that if the office of prime minister be then vacant or the prime minister is unable to act, the speaker shall act in the office of the president. for the purposes of article 30(2) and notwithstanding the provisions of article 31(4), the term of office of the new president shall be deemed to have commenced on the date on which the term of office of the person whose election was determined to have been void or undue would, but for such determination, have commenced. the exercise, performance and discharge by any person of the powers, duties and functions of the office of president shall not be invalid by reason only of the fact that the supreme court subsequently determines that the election of such person as president was void or undue. the provisions of this article shall apply notwithstanding anything to the contrary in article 40. 40. vacation of office by president and election of succeeding president 1 if the office of president shall become vacant prior to the expiration of his term of office, parliament shall elect as president one of its members who is qualified to be elected to the office of president. any person so succeeding to the office of president shall hold office only for the unexpired period of the term of office of the president vacating office. such election shall be held as soon as possible after, and in no case later than one month from, the date of, occurrence of the vacancy. such election shall be by secret ballot and by an absolute majority of the votes cast in accordance with such procedure as parliament may by law provide: provided that if such vacancy occurs after the dissolution of parliament, the president shall be elected by the new parliament within one month of its first meeting. during the period between the occurrence of such vacancy and the assumption of office by the new president, the prime minister shall act in the office of president and shall appoint one of the other ministers of the cabinet to act in the office of prime minister: provided that if the office of prime minister be then vacant or the prime minister is unable to act, the speaker shall act in the office of president. the provisions of the constitution relating to the president (other than the provisions of paragraph (2) of article 32) shall apply, in so far as they can be applied, to an acting president. parliament shall by law provide for all matters relating to the procedure for the election of the president by parliament and all other matters necessary or incidental thereto. 41. president's staff the president shall have the power to appoint such secretaries, and, in consultation with the cabinet of ministers, such other officers and staff as are in his opinion necessary to assist him in the exercise, performance and discharge of the powers, duties and functions of his office, and to determine their terms and conditions of service. the salaries of such secretaries, officers and staff shall be charged on the consolidated fund. such secretaries, officers and staff shall be deemed to be public officers except that the dismissal and disciplinary control of such secretaries, officers and staff shall be vested in the president, who may delegate to any such secretary his powers of dismissal and disciplinary control in respect of any such officers or staff. every such secretary, officer or member of the staff shall cease to hold office upon a new president assuming office. where any such secretary, officer or member of the staff so ceases to hold office, the cabinet of ministers may appoint such secretary, officer or member of the staff to any post in the public service: provided that any such secretary, officer or member of the staff who immediately prior to his appointment as secretary, officer or member of the staff was in the public or local government service or in the service of a public corporation shall be entitled to revert to such service without loss of seniority upon a new president assuming office. the proviso to paragraph (5) of this article shall, mutatis mutandis, apply to any person referred to in that proviso upon– the president terminating the services of such person, otherwise than by dismissal on disciplinary ground; or the resignation of such person, unless disciplinary proceedings are pending or contemplated against such person on the date of his resignation. for the purposes of paragraphs (5) and (6) of this article any person who has continuously held the office of secretary to the president, secretary to any ministry or any office in the president’s staff or any one or more of such offices shall be deemed to have continuously held the office which such person last held. chapter viia. the constitutional council 41a. constitution of the constitutional council there shall be a constitutional council (in this chapter referred to as the “council”) which shall consist of the following members – the prime minister; the speaker; the leader of the opposition in parliament; one member of parliament appointed by the president; five persons appointed by the president, on the nomination of both the prime minister and the leader of the opposition of whom two persons shall be members of parliament; and one member of parliament nominated by agreement of the majority of the members of parliament belonging to political parties or independent groups, other than the respective political parties or independent groups to which the prime minister and the leader of the opposition belong, and appointed by the president. the speaker shall be the chairman of the council. it shall be the duty of the speaker to ensure that nominations for appointments under sub-paragraph (e) or sub-paragraph (f) of paragraph (1) are made, whenever an occasion for such nominations arises. in nominating the five persons referred to in sub-paragraph (e) of paragraph (1), the prime minister and the leader of the opposition shall consult the leaders of political parties and independent groups represented in parliament so as to ensure that the constitutional council reflects the pluralistic character of sri lankan society, including professional and social diversity. the persons who are not members of parliament to be appointed under subparagraph (e) of paragraph (1) shall be persons of eminence and integrity who have distinguished themselves in public or professional life and who are not members of any political party whose nomination shall be approved by parliament. the president shall, within fourteen days of the receipt of a written communication specifying the nominations made under subparagraphs (e) and (f) of paragraph (1), make the necessary appointments. in the event of the president failing to make the necessary appointments within such period of fourteen days, the persons nominated shall be deemed to have been appointed as members of the council, with effect from the date of expiry of such period. 7 on the dissolution of parliament, notwithstanding the provisions of paragraph (2) of article 64, the speaker shall continue to hold office as a member of the council, until a member of parliament is elected to be the speaker under paragraph (1) of the aforesaid article; notwithstanding the dissolution of parliament, the prime minister, the leader of the opposition and the members of parliament who are members of the constitutional council, shall continue to hold office as members of such council, until such time after a general election following such dissolution, a member of parliament is appointed as the prime minister or recognized as the leader of the opposition or such number of members of parliament are appointed as members of the constitutional council under sub-paragraphs (d), (e) and (f) of paragraph (1), as the case may be. every member of the council appointed under sub-paragraphs (d), (e) and (f) of paragraph (1), shall hold office for a period of three years from the date of appointment unless the member earlier resigns his office by writing addressed to the president, is removed from office by the president on both the prime minister and the leader of the opposition forming an opinion that such member is physically or mentally incapacitated and is unable to function further in office or is convicted by a court of law for any offence involving moral turpitude or if a resolution for the imposition of civic disability upon him has been passed in terms of article 81 of the constitution or is deemed to have vacated his office under paragraph (7) of article 41e. in the event of there being a vacancy among the members appointed under subparagraphs (d), (e) or (f)) of paragraph (1), the president shall, within fourteen days of the occurrence of such vacancy and having regard to the provisions of the aforementioned subparagraphs, appoint another person to succeed such member. any person so appointed, shall hold office during the unexpired part of the period of office of the member whom he succeeds. a member appointed under subparagraphs (d), (e) or (f) of paragraph (1), shall not be eligible for re-appointment. the appointments made by the president under sub-paragraphs (d), (e) and (f) of paragraph (1), shall be communicated to the speaker. 41b. council to recommend appointments no person shall be appointed by the president as the chairman or a member of any of the commissions specified in the schedule to this article, except on a recommendation of the council. the provisions of paragraph (1) of this article shall apply in respect of any person appointed to act as the chairman or as a member of any such commission. it shall be the duty of the council to recommend to the president fit and proper persons for appointment as chairmen or members of the commissions specified in the schedule to this article, whenever the occasion for such appointments arises, and such recommendations shall endeavour to ensure that such recommendations reflect the pluralistic character of sri lankan society, including gender. in the case of the chairmen of such commissions, the council shall recommend three persons for appointment, and the president shall appoint one of the persons recommended as chairman. the president shall appoint the chairman and the members of the commissions specified in the schedule to this article, within fourteen days of receiving the recommendations of the council for such appointments. in the event of the president failing to make the necessary appointments within such period of fourteen days – the persons recommended under paragraph (3), to be appointed as members of a commission, shall be deemed to have been appointed as the members of the commissions; and the person whose name appears first in the list of names recommended under paragraph (3), to be appointed as the chairman of a commission, shall be deemed to have been appointed the chairman of the respective commission, with effect from the date of expiry of such period. no person appointed under paragraph (1) or a person appointed to act as the chairman or a member of any such commission, shall be removed except as provided for in the constitution or in any written law, and where there is no such provision, such person shall be removed by the president only with the prior approval of the council. all the commissions referred to in the schedule to this article, other than the election commission, shall be responsible and answerable to parliament. schedule to the article the election commission. the public service commission. the national police commission. the audit service commission. the human rights commission of sri lanka. the commission to investigate allegations of bribery or corruption. the finance commission. the delimitation commission. the national procurement commission. 41c. council to approve appointments no person shall be appointed by the president to any of the offices specified in the schedule to this article, unless such appointment has been approved by the council upon a recommendation made to the council by the president. the provisions of paragraph (1) of this article shall apply in respect of any person appointed to act for a period exceeding fourteen days, in any office specified in the schedule to this article: provided that no person shall be appointed to act in any such office for successive periods not exceeding fourteen days, unless such acting appointment has been approved by the council on a recommendation by the president. no person appointed to any office specified in the schedule to this article or to act in any such office, shall be removed from such office except as provided for in the constitution or in any law. in the discharge of its function relating to the appointment of judges of the supreme court and the president and judges of the court of appeal, the council shall obtain the views of the chief justice. schedule to the article part i the chief justice and the judges of the supreme court. the president and the judges of the court of appeal. the members of the judicial service commission, other than the chairman. part ii the attorney-general. the auditor-general. the inspector-general of police. the parliamentary commissioner for administration (ombudsman). the secretary-general of parliament. 41d. secretary-general and other officers of the council there shall be a secretary-general to the council who shall be appointed by the council for a term of five years. upon the expiration of his term of office, the secretary-general shall be eligible for reappointment. the council may appoint such officers as it considers necessary for the discharge of its functions, on such terms and conditions as shall be determined by the council. 41e. meetings of the council the council shall meet at least twice every month, and as often as may be necessary to discharge the functions assigned to the council by the provisions of this chapter or by any law, and such meetings shall be summoned by the secretary-general to the council on the direction of the chairman of the council. the chairman shall preside at all meetings of the council and in the absence of the chairman, the prime minister, and in the absence of the prime minister, the leader of the opposition shall preside at the meetings of the council. the quorum for any meeting of the council shall be five members. the council shall endeavour to make every recommendation, approval or decision it is required to make by unanimous decision and in the absence of an unanimous decision, no recommendation, approval or decision made by the council shall be valid, unless supported by not less than five members of the council present at such meeting. the chairman or the other member presiding shall not have an original vote, but in the event of an equality of votes on any question for decision at any meeting of the council, the chairman or other member presiding at such meeting, shall have a casting vote. the procedure in regard to meetings of the council and the transaction of business at such meetings shall be determined by the council, including procedures to be followed in regard to the recommendation or approval of persons suitable for any appointment under article 41b or article 41c. any member of the council appointed under sub-paragraphs (d), (e), or (f) of paragraph (1) of article 41a, who without obtaining prior leave of the council absents himself from three consecutive meetings of the council, shall be deemed to have vacated office with effect from the date of the third of such meetings. the council shall have the power to act notwithstanding the fact that it has not been fully constituted or that there is a vacancy in its membership, and no act, proceeding or decision of the council shall be or deemed to be invalid by reason only of the fact that the council has not been fully constituted or that there has been a vacancy in its membership or that there has been any defect in the appointment of a member. 41f. continuation in office of the members of the council notwithstanding the expiration of the term of office of the members of the council or of the members of any commission specified in the schedule to article 41b, the members of the council or of such other commission shall continue in office until the assumption of office by the new members of the council or of such other commission. 41g. powers and duties of the council the council shall, once in every three months, submit to the president a report of its activities during the preceding three months. the council shall perform and discharge such other duties and functions as may be imposed or assigned to the council by the constitution, or by any other written law. the council shall have the power to make rules relating to the performance and discharge of its duties and function. all such rules shall be published in the gazette and be placed before parliament within three months of such publication. 41h. expenses to be charged on the consolidated fund the expenses incurred by the council shall be charged on the consolidated fund. 41i. finality of decisions of the council subject to the provisions of article 126, no court shall have the power or jurisdiction to entertain, hear or decide or call in question, on any ground whatsoever, or in any manner whatsoever, any decision of the council or any approval or recommendation made by the council, which decision, approval or recommendation shall be final and conclusive for all purposes. chapter viii. the executive the cabinet of ministers 42. prime minister and the cabinet of ministers there shall be a cabinet of ministers charged with the direction and control of the government of the republic the cabinet of ministers shall be collectively responsible and answerable to parliament. the president shall be a member of the cabinet of ministers and shall be the head of the cabinet of ministers. the president shall appoint as prime minister the member of parliament, who, in the president's opinion, is most likely to command the confidence of parliament. 43. ministers and their subjects and functions the president shall, in consultation with the prime minister, where he considers such consultation to be necessary, determine the number of ministers of the cabinet of ministers and the ministries and the assignment of subjects and functions to such ministers. the president shall, on the advice of the prime minister, appoint from among the members of parliament, ministers, to be in charge of the ministries so determined. the president may at any time change the assignment of subjects and functions and the composition of the cabinet of ministers. such changes shall not affect the continuity of the cabinet of ministers and the continuity of its responsibility to parliament. 44. ministers who are not members of the cabinet of ministers the president may, on the advice of the prime minister, appoint from among members of parliament, ministers who shall not be members of the cabinet of ministers. the president may, in consultation with the prime minister where he considers such consultation to be necessary, determine the assignment of subjects and functions to ministers appointed under paragraph (1) of this article and the ministries, if any, which are to be in charge of, such ministers. the president may at any time change any assignment made under paragraph (2). every minister appointed under paragraph (1) shall be responsible to the cabinet of ministers and to parliament. any minister of the cabinet of ministers may, by notification published in the gazette, delegate to any minister who is not a member of the cabinet of ministers, any power or duty pertaining to any subject or function assigned to such cabinet minister, or any power or duty conferred or imposed on him by any written law, and it shall be lawful for such other minister to exercise and perform any power or duty delegated notwithstanding anything to the contrary in the written law by which that power or duty is conferred or imposed on such minister of the cabinet of ministers. 45. deputy ministers the president may, on the advice of the prime minister, appoint from among the members of parliament, deputy ministers to assist the ministers of the cabinet of ministers in the performance of their duties. any minister of the cabinet of ministers may by notification published in the gazette, delegate to his deputy minister any power or duty pertaining to any subject or function assigned to him or any power or duty conferred or imposed on him by any written law, and it shall be lawful for such deputy minister to exercise and perform any power or duty delegated notwithstanding anything to the contrary in the written law by which that power or duty is conferred or imposed on such minister. 46. tenure of office of the prime minister, and the limitation of numbers and tenure of office of ministers and deputy ministers the total number of– ministers of the cabinet of ministers shall not exceed thirty; and ministers who are not members of the cabinet of ministers and deputy ministers shall not, in the aggregate, exceed forty. the prime minister shall continue to hold office throughout the period during which the cabinet of ministers continues to function under the provisions of the constitution unless he – resigns his office by a writing under his hand addressed to the president; or ceases to be a member of parliament. a minister of the cabinet of ministers, a minister who is not a member of the cabinet of ministers and a deputy minister, shall continue to hold office throughout the period during which the cabinet of ministers continues to function under the provisions of the constitution unless he– is removed from office under the hand of the president on the advice of the prime minister; resigns from office by a writing under his hand addressed to the president; or ceases to be a member of parliament. notwithstanding anything contained in paragraph (1) of this article, where the recognized political party or the independent group which obtains highest number of seats in parliament forms a national government, the number of ministers in the cabinet of ministers, the number of ministers who are not cabinet of ministers and the number of deputy ministers shall be determined by parliament. for the purpose of paragraph (4), national government means, a government formed by the recognized political party or the independent group which obtains the highest number of seats in parliament together with the other recognized political parties or the independent groups. 47. cabinet of ministers after dissolution of parliament the cabinet of ministers functioning immediately prior to the dissolution of parliament shall, notwithstanding such dissolution, continue to function and shall cease to function upon the conclusion of the general election and accordingly, the prime minister and the ministers of the cabinet of ministers, shall continue to function unless they cease to hold office as provided in sub paragraph (a) of paragraph (2) or sub paragraph (a) or (b) of paragraph (3) of article 46 and shall comply with the criteria set out by the commissioner of elections and shall not cause any undue influence on the general election. notwithstanding the death, removal from office or resignation of the prime minister, during the period intervening between the dissolution of parliament and the conclusion of the general election, the cabinet of ministers shall continue to function with the other ministers of the cabinet of ministers as it members, until the conclusion of the general election. the president may appoint one such minister to exercise, perform and discharge the powers, duties and functions of the prime minister. on the death, removal from office or resignation, during the period intervening between the dissolution of parliament and the conclusion of the general election, of a minister of the cabinet of ministers, the president may, on the advice of the prime minister, appoint any other minister to be the minister in charge of the ministry of such minister or to exercise, perform and discharge the powers, duties and functions of such minister. 48. dissolution of the cabinet of ministers on the prime minister ceasing to hold office by death, resignation or otherwise, except during the period intervening between the dissolution of parliament and the conclusion of the general election, the cabinet of ministers shall, unless the president has in the exercise of his powers under article 70, dissolved parliament, stand dissolved and the president shall appoint a prime minister, ministers of the cabinet of ministers, ministers who are not members of the cabinet of ministers and deputy ministers in terms of articles 42, 43, 44 and 45: provided that if after the prime minister so ceases to hold office, parliament is dissolved, the cabinet of ministers shall continue to function with the other ministers of the cabinet as its members, until the conclusion of the general election. the president may appoint one such minister to exercise, perform and discharge the powers, duties and functions of the prime minister, and the provisions of article 47 shall, mutatis mutandis, apply. if parliament rejects the statement of government policy or the appropriation bill or passes a vote of no-confidence in the government, the cabinet of ministers shall stand dissolved, and the president shall, unless he has in the exercise of his powers under article 70, dissolved parliament, appoint a prime minister, ministers of the cabinet of ministers, ministers who are not members of the cabinet of ministers and deputy ministers in terms of articles 42, 43, 44 and 45. 49. acting ministers and deputy ministers whenever a minister of the cabinet of ministers, a minister who is not a members of the cabinet of ministers or a deputy minister is unable to discharge the functions of his office, the president may, on the advice of the prime minister, appoint any member of parliament to act in the place of such minister of the cabinet of ministers, minister who is not a member of the cabinet of ministers or a deputy minister. 50. secretary to the cabinet of ministers there shall be a secretary to the cabinet of ministers who shall be appointed by the president. the secretary shall, subject to the direction of the president, have charge of the office of the cabinet of ministers, and shall discharge and perform such other functions and duties as may be assigned to him by the president or the cabinet of ministers. 51. secretary to the prime minister there shall be a secretary to the prime minister who shall be appointed by the president. the secretary shall have charge of the office of the prime minister and shall perform and discharge the duties and functions of his office, subject to the directions of the prime minister. 52. secretaries to ministries there shall be a secretary for every ministry of a minister of the cabinet of ministers, who shall be appointed by the president. the secretary to the ministry shall, subject to the direction and control of his minister, exercise supervision over the departments of government or other institutions in charge of the minister. the secretary to a ministry shall cease to hold office upon the dissolution of the cabinet of ministers under the provisions of the constitution or upon a determination by the president under article 43 or article 44 which results in such ministry ceasing to exist. for the purposes of this article, the office of the secretary to the president, the office of the secretary to the cabinet of ministers, the office of the auditor-general, the office of the parliamentary commissioner for administration (ombudsman), the office of the secretary-general of parliament, the constitutional council, and the commissions referred to in the schedule to article 41b shall be deemed not to be departments of government. 53. official oath and affirmation every person appointed to any office referred to in this chapter shall not enter upon the duties of his office until he takes and subscribes the oath, or makes and subscribes the affirmation, set out in the fourth schedule and seventh schedule. chapter ix. the executive the public service 54. public service commission there shall be a public service commission (in this chapter referred to as the “commission”) which shall consist of nine members appointed by the president on the recommendation of the constitutional council, of whom not less than three members shall be persons who have had over fifteen years experience as a public officer. the president on the recommendation of the constitutional council shall appoint one member as its chairman. no person shall be appointed as a member of the commission or continue to hold office as such member if he is or becomes a member of parliament, a provincial council or a local authority. every person who immediately before his appointment as a member of the commission was a public officer in the service of the state or a judicial officer, shall, upon such appointment taking effect ceases to hold such office and shall be ineligible for further appointment as a public officer or a judicial officer: provided that any such person shall, until he ceases to be a member of the public service commission, or while continuing to be a member, attains the age at which he would, if he were a public officer or a judicial officer, as the case may be, be required to retire, be deemed to be a public officer or a judicial officer and to hold a pensionable office in the service of the state, for the purpose of any provision relating to the grant of pensions, gratuities and other allowances in respect of such service. every member of the commission shall hold office for a period of three years from the date of appointment, unless the member becomes subject to any disqualification under paragraph (2) or earlier resigns from his office by writing addressed to the president or is removed from office by the president with the approval of the constitutional council or is convicted by a court of law of any offence involving moral turpitude or if a resolution for the imposition of civic disability upon the member has been passed in terms of article 81 or is deemed to have vacated his office under paragraph (6). a member of the commission shall be eligible for reappointment as a member, but shall not be eligible for appointment as a public officer or a judicial officer after the expiry of his term of office as a member. no member shall be eligible to hold office as a member of the commission for more than two terms. a member of the commission who without obtaining prior leave of the commission absents himself from three consecutive meetings of the commission, shall be deemed to have vacated office with effect from the date of the third of such meetings, and shall not be eligible thereafter to be reappointed as a member of the commission. the president may grant a member leave from the performance of his duties relating to the commission for a period not exceeding two months and shall, for the duration of such period, on the recommendation of the constitutional council, appoint a person qualified to be a member of the commission, to be a temporary member for the period of such leave. a member of the commission shall be paid such emoluments as may be determined by parliament. the emoluments paid to a member of the commission shall be charged on the consolidated fund and shall not be diminished during the term of office of such member. the commission shall have the power to act notwithstanding any vacancy in its membership, and no act, proceeding or decision of the commission shall be or be deemed to be invalid by reason only of such vacancy or any defect in the appointment of a member. there shall be a secretary to the commission who shall be appointed by the commission. the members of the commission shall be deemed to be public servants, within the meaning and for the purposes of chapter ix of the penal code. 55. powers and functions of the cabinet of ministers and of the commission the cabinet of ministers shall provide for and determine all matters of policy relating to public officers, including policy relating to appointments, promotions, transfers, disciplinary control and dismissal. the appointment, promotion, transfer, disciplinary control and dismissal of all heads of department shall, vest in the cabinet of ministers. subject to the provisions of the constitution, the appointment, promotion, transfer, disciplinary control and dismissal of public officers shall be vested in the public service commission. the commission shall not derogate from the powers and functions of the provincial public service commissions as are established by law. the commission shall be responsible and answerable to parliament in accordance with the provisions of the standing orders of parliament for the exercise and discharge of its powers and functions. the commission shall also forward to parliament in each calendar year, a report of its activities in respect of such year. 56. committees of the commission the commission may delegate to a committee consisting of three persons (not being members of the commission) appointed by the commission, the powers of appointment, promotion, transfer, disciplinary control and dismissal of such categories of public officers as are specified by the commission. the commission shall cause the appointment of any such committee to be published in the gazette. the procedure and quorum for meetings of any such committee shall be as determined by the commission by rules made in that behalf. the commission shall cause such rules to be published in the gazette. there shall be a secretary to each committee, who shall be appointed by the commission. 57. delegation of powers to a public officer the commission may delegate to a public officer, subject to such conditions and procedure as may be determined by the commission, its powers of appointment, promotion, transfer, disciplinary control and dismissal of such category of public officers as are specified by the commission. the commission shall cause any such delegation to be published in the gazette, including the conditions and procedure determined by the commission for such purpose. 58. right of appeal any public officer aggrieved by an order relating to a promotion, transfer, dismissal or an order on a disciplinary matter made by a committee or any public officer under article 56 or article 57, in respect of the officer so aggrieved, may appeal to the commission against such order in accordance with such rules made by the commission from time to time, relating to the procedure to be followed in the making, hearing and determination of an appeal made to the commission and the period fixed within which an appeal should be heard and concluded. the commission shall have the power upon such appeal to alter, vary, rescind or confirm an order against which an appeal is made, or to give directions in relation thereto, or to order such further or other inquiry as to the commission shall seem fit. the commission shall cause to be published in the gazette the rules made by it under paragraph (1) of this article. 59. administrative appeals tribunal there shall be an administrative appeals tribunal appointed by the judicial service commission. the administrative appeals tribunal shall have the power to alter, vary or rescind any order or decision made by the commission. the constitution, powers and procedure of such tribunal, including the time limits for the preferring of appeals, shall be provided for by law. 60. commission not to exercise power where there is delegation upon delegation of any of its powers to a committee or a public officer appointed under article 56 or article 57 as the case may be, the commission shall not, while such delegation is in force, exercise or perform its functions or duties in regard to the categories of public officers in respect of which such delegation is made, subject to the provisions contained in paragraphs (1) and (2) of article 58. 61. procedure at meetings the quorum for a meeting of the commission shall be five members. all decisions of the commission shall be made by a majority of votes of the members present at the meeting. in the event of an equality of votes, the member presiding at the meeting shall have a casting vote. the chairman of the commission shall preside at all meetings of the commission and in his absence, a member elected by the members present from amongst themselves, shall preside at such meeting. 61a. immunity from legal proceedings subject to the provisions of article 59 and of article 126, no court or tribunal shall have power or jurisdiction to inquire into, or pronounce upon or in any manner call in question any order or decision made by the commission, a committee, or any public officer, in pursuance of any power or duty conferred or imposed on such commission, or delegated to a committee or public officer, under this chapter or under any other law. 61b. savings of rules and regulations in force until the commission otherwise provides, all rules, regulations and procedures relating to the public service as are in force on the date of the coming into operation of this chapter, shall, mutatis mutandis, be deemed to continue in force as rules, regulations and procedures relating to the public service, as if they had been made or provided for under this chapter. 61c. interference with the commission every person who, otherwise than in the course of such person’s lawful duty, directly or indirectly by himself or by or with any other person, in any manner whatsoever influences or attempts to influence or interferes with any decision of the commission, or a committee or a public officer to whom the commission has delegated any power under this chapter, or to so influence any member of the commission or a committee, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred thousand rupees or to imprisonment for a term not exceeding seven years, or to both such fine and imprisonment. every high court established under article 154p of the constitution shall have jurisdiction to hear and determine any matter referred to in paragraph (1) of this article. 61d. oath or affirmation of office a person appointed to any office referred to in this chapter shall not enter upon the duties of his office until he takes and subscribes the oath or makes and subscribes the affirmation set out in the fourth schedule to the constitution. 61e. appointments by the president the president shall appoint – the heads of the army, the navy and the air force; and subject to the approval of the constitutional council, the attorney-general and the inspector-general of police, the holders of the offices of attorney-general and the inspector-general of police shall retire from their respective office, upon their attaining the age of sixty years. 61f. interpretation for the purposes of this chapter “public officer” does not include a member of the army, navy, or air force, an officer of the election commission appointed by such commission, a police officer appointed by the national police commission, a scheduled public officer appointed by the judicial service commission or a member of the sri lanka state audit service appointed by the audit service commission. chapter x. the legislature parliament 62. parliament there shall be a parliament which shall consist of two hundred and twenty-five members elected in accordance with the provisions of the constitution. unless parliament is sooner dissolved, every parliament shall continue for five years from the date appointed for its first meeting and no longer, and the expiry of the said period of five years shall operate as a dissolution of parliament. 63. official oath or affirmation except for the purpose of electing the speaker, no member shall sit or vote in parliament until he has taken and subscribed the following oath, or made and subscribed the following affirmation, before parliament:– “i …… do [solemnly declare and affirm/swear] that i will uphold and defend the constitution of the democratic socialist republic of sri lanka.” 64. speaker, deputy speaker and deputy chairman of committees parliament shall, at its first meeting after a general election, elect three members to be respectively the speaker, the deputy speaker and chairman of committees (hereinafter referred to as the “deputy speaker”) and the deputy chairman of committees thereof. a member holding office as the speaker or the deputy speaker or the deputy chairman of committees shall, unless he earlier resigns his office by a writing under his hand addressed to the president or ceases to be a member, vacate his office on the dissolution of parliament. whenever the office of speaker, deputy speaker or deputy chairman of committees becomes vacant otherwise than as a result of a dissolution of parliament, parliament shall at its first meeting after the occurrence of the vacancy elect another member to be the speaker, the deputy speaker or the deputy chairman of committees, as the case may be. if parliament, after having been dissolved, is summoned under paragraph (7) of article 70, each of the members mentioned in paragraph (2) of this article shall, notwithstanding anything therein, resume and continue to hold his office while that parliament is kept in session. the speaker, or in his absence the deputy speaker, or in their absence the deputy chairman of committees, shall preside at sittings of parliament. if none of them is present, a member elected by parliament for the sitting shall preside at the sitting of parliament. 65. secretary general of parliament there shall be a secretary-general of parliament who shall, subject to the approval of the constitutional council, be appointed by the president and who shall hold office during good behaviour. the salary of the secretary-general shall be determined by parliament, shall be charged on the consolidated fund and shall not be diminished during his term of office. the members of the staff of the secretary-general shall be appointed by him with the approval of the speaker. the salaries of the members of the staff of the secretary-general shall be charged on the consolidated fund. the office of the secretary-general shall become vacant – upon his death; on his resignation in writing addressed to the president; on his attaining the age of sixty years, unless parliament otherwise provides by law; on his removal by the president on account of ill health or physical or mental infirmity; or on his removal by the president upon an address of parliament. whenever the secretary-general is unable to discharge the functions of his office, the president may, subject to the approval of the constitutional council, appoint a person to act in the place of the secretary-general. 66. vacation of seats the seat of a member shall become vacant – upon his death; if, by a writing under his hand addressed to the secretary-general of parliament, he resigns his seat; upon his assuming the office of president consequent to his election to such office, either by the people or by parliament; if he becomes subject to any disqualification specified in article 89 or 91; if he becomes a member of the public service or an employee of a public corporation or, being a member of the public service or an employee of a public corporation, does not cease to be a member of such service or an employee of such corporation, before he sits in parliament; if, without the leave of parliament first obtained, he absents himself from the sittings of parliament during a continuous period of three months; if his election as a member is declared void under the law in force for the time being; upon the dissolution of parliament; or upon a resolution for his expulsion being passed in terms of article 81. 67. privileges, immunities and powers of parliament and members the privileges, immunities and powers of parliament and of its members may be determined and regulated by parliament by law and until so determined and regulated, the provisions of the parliament (powers and privileges) act, shall, mutatis mutandis, apply. 68. allowances of members ministers, deputy ministers and members, including the speaker, the deputy speaker and the deputy chairman of committees, shall be paid such remuneration or allowance as may be provided by parliament, by law or by resolution, and the receipt thereof shall not disqualify the recipient from sitting or voting in parliament. until parliament so provides, the remuneration payable to ministers, deputy ministers and members, including the speaker, the deputy speaker and the deputy chairman of committees, shall be the same as the remuneration paid to ministers, deputy ministers and members including the speaker, the deputy speaker and the deputy chairman of committees of the national state assembly immediately prior to the commencement of the constitution. 69. power of parliament to act notwithstanding vacancies parliament shall have power to act notwithstanding any vacancy in its membership and its proceedings shall be valid notwithstanding that it is discovered subsequently that a person who was not entitled so to do sat or voted or otherwise took part in the proceedings. chapter xi. the legislature procedures and powers 70. sessions of parliament the president may by proclamation, summon, prorogue and dissolve parliament: provided that the president shall not dissolve parliament until the expiration of a period of not less than four years and six months from the date appointed for its first meeting, unless parliament requests the president to do so by a resolution passed by not less than two-thirds of the whole number of members (including those not present), voting in its favour. parliament shall be summoned to meet once at least in every year. a proclamation proroguing parliament shall fix a date for the next session, not being more than two months after the date of the proclamation: provided that, at any time while parliament stands prorogued, the president may by proclamationsummon parliament for an earlier date, not being less than three days from the date of such proclamation, or subject to the provisions of this article, dissolve parliament. all matters which, having been duly brought before parliament, have not been disposed of at the time of the prorogation of parliament, may be proceeded with during the next session. 5 a proclamation dissolving parliament shall fix a date or dates for the election of members of parliament, and shall summon the new parliament to meet on a date not later than three months after the date of such proclamation. upon the dissolution of parliament by virtue of the provisions of paragraph (2) of article 62, the president shall forthwith by proclamation fix a date or dates for the election of members of parliament, and shall summon the new parliament to meet on a date not later than three months after the date of such proclamation. the date fixed for the first meeting of parliament by a proclamation under sub-paragraph (a) or sub­paragraph (b) may be varied by a subsequent proclamation, provided that the date so fixed by the subsequent proclamation shall be a date not later than three months after the date of the original proclamation. where the poll for the election of the president is to be taken on a date which falls between the date of dissolution of parliament and the date before which parliament is required by paragraph (5) of this article to be summoned to meet, parliament shall, notwithstanding anything in that paragraph, be summoned to meet on a date not later than four months after the date of dissolution of parliament. if at any time after the dissolution of parliament the president is satisfied that an emergency has arisen of such a nature that an earlier meeting of parliament is necessary, he may by proclamation summon the parliament which has been dissolved to meet on a date not less than three days from the date of such proclamation and such parliament shall stand dissolved upon the termination of the emergency or the conclusion of the general election, whichever is earlier. 71. adjournment parliament may adjourn from time to time as it may determine by resolution or standing order, until it is prorogued or dissolved. 72. voting save as otherwise provided in the constitution any question proposed for decision by parliament shall be decided by the majority of votes of the members present and voting. the person presiding shall not vote in the first instance but shall have and exercise a casting vote in the event of an equality of votes. 73. quorum if at any time during a meeting of parliament the attention of the person presiding is drawn to the fact that there are fewer than twenty members present, the person presiding shall, subject to any standing order, adjourn the sitting without question put. 74. standing orders subject to the provisions of the constitution, parliament may by resolution or standing order provide for— the election and retirement of the speaker, the deputy speaker and the deputy chairman of committees, and the regulation of its business, the preservation of order at its sittings and any other matter for which provision is required or authorized to be so made by the constitution. until parliament otherwise provides by law or by resolution, the standing orders of the national state assembly, operative immediately prior to the commence­ment of the constitution, shall, mutatis mutandis, be the standing orders of parliament. 75. legislative power parliament shall have power to make laws, including laws having retrospective effect and repealing or amending any provision of the constitution, or adding any provision to the constitution: provided that parliament shall not make any law— suspending the operation of the constitution or any part thereof, or repealing the constitution as a whole unless such law also enacts a new constitution to replace it. 76. delegation of legislative power parliament shall not abdicate or in any manner alienate its legislative power, and shall not set up any authority with any legislative power. it shall not be contravention of the provisions of paragraph (1) of this article for parliament to make, in any law relating to public security, provision empowering the president to make emergency regulations in accordance with such law. it shall not be a contravention of the provisions of paragraph (1) of this article for parliament to make any law containing any provision empowering any person or body to make subordinate legislation for prescribed purposes, including the power— to appoint a date on which any law or any part thereof shall come into effect or cease to have effect; to make by order any law or any part thereof applicable to any locality or to any class of persons; and to create a legal person, by an order or an act. in sub-paragraphs (a) and (b) of this paragraph, “law” includes existing law. any existing law containing any such provision as aforesaid shall be valid and operative. 77. duties of attorney-general in regard to published bills it shall be the duty of the attorney-general to examine every bill for any contravention of the require­ments of paragraphs (1) and (2) of article 82 and for any provision which cannot be validly passed except by the special majority prescribed by the constitution; and the attorney-general or any officer assisting the attorney­general in the performance of his duties under this article shall be afforded all facilities necessary for the performance of such duties. if the attorney-general is of the opinion that a bill contravenes any of the requirements of paragraphs (1) and (2) of article 82 or that any provision in a bill cannot be validly passed except by the special majority prescribed by the constitution, he shall communicate such opinion to the president: provided that in the case of an amendment proposed to a bill in parliament, the attorney-general shall communicate his opinion to the speaker at the stage when the bill is ready to be put to parliament for its acceptance. 78. publication of bills and passing of bills and resolutions every bill shall be published in the gazette at least fourteen days before it is placed on the order paper of parliament. the passing of a bill or a resolution by parliament shall be in accordance with the constitution and the standing orders of parliament. any one or more of the standing orders may be suspended by parliament in the circumstances and in the manner prescribed by the standing orders. 79. certificate of speaker the speaker shall endorse on every bill passed by parliament a certificate in the following form:“this bill (here state the short title of the bill) has been duly passed by parliament.” such certificate may also state the majority by which such bill was passed: provided that where by virtue of the provisions of article or article 83 or article 84 or article 123 (2) a special majority is required for the passing of a bill, the speaker shall certify such bill only if such bill has been passed with such special majority: provided further that where by virtue of article 83, the bill or any provision thereof requires the approval of the people at a referendum, such certificate shall further state that the bill or such provision shall not become law until approved by the people at a referendum. 80. when bill becomes law subject to the provisions of paragraph (2) of this article, a bill passed by parliament shall become law when the certificate of the speaker is endorsed thereon. where the cabinet of ministers has certified that any bill or any provision thereof is intended to be submitted for approval by the people at a referendum or where the supreme court has determined that a bill or any provision thereof requires the approval of the people at a referendum or where any bill is submitted to the people by referendum under paragraph (2) of article 85, such bill or such provision shall become law upon being approved by the people at a referendum in accordance with paragraph (3) of article 85 only when the president certifies that the bill or provision thereof has been so approved. the president shall endorse on every bill so approved a certificate in the follow­ing form:“this bill/provision has been duly approved by the people at a referendum.” no such certificate shall be endorsed by the president on a bill – in any case where no petition is filed challenging the validity of the referendum at which such bill was approved by the people, until after the expiration of the period within which a petition may be filed, under the law applicable in that behalf, challenging the validity of such referendum: in any case where a petition is filed challenging the validity of the referendum at which such bill was approved by the people, until after the supreme court determines that such referendum was valid. every such certificate shall be final and conclusive, and shall not be called in question in any court. where a bill becomes law upon the certificate of the president or the speaker, as the case may be, being endorsed thereon, no court or tribunal shall inquire into, pronounce upon or in any manner call in question the validity of such act on any ground whatsoever. 81. expulsion of members and imposition of civic disability where a special presidential commission of inquiry established under the special presidential commis­sions of inquiry law, no. 7 of 1978, and consisting of a member or members each of whom is a judge of the supreme court, court of appeal, high court or the district court recommends that any person should be made subject to civic disability by reason of any act done or omitted to be done by such person before or after the commencement of the constitution, parliament may by resolution passed by not less than two-thirds of the whole number of members (including those not present) voting in its favour – impose civic disability on such person for a period not exceeding seven years, and expel such person from parliament, if he is a member of parliament. where a special presidential commission of inquiry consists of more than one member, a recommendation made by the majority of such members, in case of any difference of opinion, shall be, and shall be deemed for all purposes to be, the recommendation of such commission of inquiry. no such resolution shall be entertained by the speaker or placed on the order paper of parliament unless introduced by the prime minister with the approval of the cabinet of ministers. the speaker shall endorse on every resolution passed in accordance with the preceding provisions of this article a certificate in the following form:"this resolution has been duly passed by parliament in accordance with the provisions of article 81 of the constitution." every such certificate shall be conclusive for all purposes and shall not be questioned in any court, and no court or tribunal shall inquire into, or pronounce upon or in any manner call in question, the validity of such resolution on any ground whatsoever. in this article, “district court” means a district court created and established by existing law and includes a court that may be created by parliament to exercise and perform powers and functions corresponding or substantially similar to the powers and functions exercised and performed by the district court. chapter xii. the legislature amendment of the constitution 82. amendment or repeal of the constitution must be expressed no bill for the amendment of any provision of the constitution shall be placed on the order paper of parliament, unless the provision to be repealed, altered or added, and consequential amendments, if any, are expressly specified in the bill and is described in the long title thereof as being an act for the amendment of the constitution. no bill for the repeal of the constitution shall be placed on the order paper of parliament unless the bill contains provisions replacing the constitution and is described in the long title thereof as being an act for the repeal and replacement of the constitution. if in the opinion of the speaker, a bill does not comply with the requirements of paragraph (1) or paragraph (2) of this article, he shall direct that such bill be not proceeded with unless it is amended so as to comply with those requirements. notwithstanding anything in the preceding provisions of this article, it shall be lawful for a bill which complies with the requirements of paragraph (1) or paragraph (2) of this article to be amended by parliament provided that the bill as so amended shall comply with those requirements. a bill for the amendment of any provision of the constitution or for the repeal and replacement of the con­stitution, shall become law if the number of votes cast in favour thereof amounts to not less than two-thirds of the whole number of members (including those not present) and upon a certificate by the president or the speaker, as the case may be, being endorsed thereon in accordance with the provisions of article 80 or 79. no provision in any law shall, or shall be deemed to, amend, repeal or replace the constitution or any provision thereof, or be so interpreted or construed, unless enacted in accordance with the requirements of the preceding provi­sions of this article. in this chapter, “amendment” includes repeal, alteration and addition. 83. approval of certain bills at a referendum notwithstanding anything to the contrary in the pro­visions of article 82— a bill for the amendment or for the repeal and replacement of or which is inconsistent with any of the provisions of articles 1, 2, 3, 6, 7, 8, 9, 10 and 11, or of this article, and a bill for the amendment or for the repeal and replacement of or which is inconsistent with the provisions of paragraph (2) of article 30 or of paragraph (2) of article 62 which would extend the term of office of the president or the duration of parliament, as the case may be, to over six years, shall become law if the number of votes cast in favour thereof amounts to not less than two-thirds of the whole number of members (including those not present), is approved by the people at a referendum and a certificate is endorsed thereon by the president in accordance with article 80. 84. bills inconsistent with the constitution a bill which is not for the amendment of any provision of the constitution or for the repeal and replacement of the constitution, but which is inconsistent with any provision of the constitution may he placed on the order paper of parliament without complying with the requirements of paragraph (1) or paragraph (2) of article 82. where the cabinet of ministers has certified that a bill is intended to be passed by the special majority required by this article or where the supreme court has determined that a bill requires to be passed by such special majority, such bill shall become law only if the number of votes cast in favour thereof amounts to not less than two-thirds of the whole number of members (including those not present) and a certificate by the president or the speaker, as the case may be, is endorsed thereon in accordance with the provisions of article 80 or 79. such a bill when enacted into law shall not, and shall not be deemed to, amend, repeal or replace the constitution or any provision thereof, and shall not be so interpreted or construed, and may thereafter be repealed by a majority of the votes of the members present and voting. chapter xiii. the referendum 85. submission of bills to people by referendum the president shall submit to the people by referendum every bill or any provision in any bill which the cabinet of ministers has certified as being intended to be submitted to the people by referendum, or which the supreme court has determined as requiring the approval of the people at a referendum if the number of votes cast in favour of such bill amounts to not less than two-thirds of the whole number of members (including those not present). [repealed]. any bill or any provision in any bill submitted to the people by referendum shall be deemed to be approved by the people if approved by an absolute majority of the valid votes cast at such referendum: provided that when the total number of valid votes cast does not exceed two-thirds of the whole number of electors entered in the register of electors, such bill shall be deemed to be approved only if approved by not less than one-third of the whole number of such electors. 86. submission of matters of national importance to people by referendum the president may, subject to the provisions of article 85, submit to the people by referendum any matter which in the opinion of the president is of national importance. 87. parliament to provide for procedure every referendum shall be conducted by the commissioner of elections who shall communicate the result thereof to the president. parliament shall by law provide for all matters relating to the procedure for the submission of bills and of matters of national importance to the people by referenda, the register of electors to be used at a referendum, the creation of offences relating thereto and the punishment therefor, and, all other matters necessary or incidental thereto. chapter xiv. the franchise and elections 88. right to be an elector every person shall, unless disqualified as hereinafter provided, be qualified to be an elector at the election of the president and of the members of parliament or to vote at any referendum: provided that no such person shall be entitled to vote unless his name is entered in the appropriate register of electors. 89. disqualification to be an elector no person shall be qualified to be an elector at an election of the president, or of the members of parliament or to vote at any referendum, if he is subject to any of the following disqualifications, namely – if he is not a citizen of sri lanka; if he has not attained the age of eighteen years on the qualifying date specified by law under the provisions of article 101; if he is under any law in force in sri lanka found or declared to be of unsound mind; if he is serving or has during the period of seven years immediately preceding completed serving of a sentence of imprisonment (by whatever name called) for a term not less than six months imposed after conviction by any court for an offence punishable with imprisonment for a term not less than two years or is under sentence of death or is serving or has during the period of seven years immediately preceding completed the serving of a sentence of imprisonment for a term not less than six months awarded in lieu of execution of such sentence: provided that if any person disqualified under this paragraph is granted a free pardon such disqualification shall cease from the date on which the pardon is granted; if a period of seven years has not elapsed since – the last of the dates, if any, of his being convicted of any offence under section 52(1) or 53 of the ceylon (parliamentary elections) order in council, 1946, or of such offence under the law for the time being relating to referenda or to the election of the president or of members of parliament as would correspond to an offence under either of the said two sections; the last of the dates, if any, of his being convicted of a corrupt practice under the ceylon (parliamentary elections) order in council, 1946, or of such offence under the law for the time being relating to referenda or to the election of the president or of members of parliament as would correspond to the said corrupt practice; the last of the dates, if any, being a date after the commencement of the constitution, of a report made by a judge finding him guilty of any corrupt practice under the ceylon (parliamentary elections) order in council, 1946, or under any law for the time being relating to referenda or to the election of the president or of members of parliament; the last of the dates, if any, of his being convicted or found guilty of bribery under the provisions of the bribery act or of any future law as would correspond to the bribery act; if a period of five years has not elapsed since – the last of the dates, if any, of his being convicted of any offence under the provisions of sections 77 to 82 (both inclusive) of the local authorities elections ordinance or for such offence under any future law as would correspond to any offence under the said sections; or the last of the dates, if any, of his being convicted of an offence under the provisions of sections 2 and 3 of the public bodies (prevention of corruption) ordinance or of such offence under any future law as would correspond to the said offence; if a period of three years has not elapsed since – the last of the dates, if any, of his being convicted of an illegal practice under the ceylon (parliamentary elections) order in council, 1946, or of such offence under the law for the time being relating to referenda or to the election of the president or of members of parliament as would correspond to the said illegal practice; the last of the dates, if any, being a date after the commencement of the constitution, of a report made by a judge finding him guilty of any illegal practice under the ceylon (parliamentary elections) order in council, 1946, or under any law for the time being relating to referenda or to the election of the president or of members of parliament; if a resolution for the imposition of civic disability upon him has been passed in terms of article 81, and the period of such civic disability specified in such resolution has not expired; if a period of seven years has not elapsed since – the date of his being convicted of any offence under the provisions of sections 188 to 201 (both inclusive) of the penal code or for such other offence under any future law as would correspond to any offence under the said sections, or the date of his being convicted of an offence of contempt against, or in disrespect of, the authority of any special presidential commission of inquiry consisting of such member or members specified in article 81 by reason of – the failure of such person, without cause which in the opinion of such commission is reasonable, to appear before such commission at the time and place mentioned in any summons which such commission is empowered by law to issue, or the refusal of such person to be sworn or affirmed, or the refusal or failure of such person, without cause which in the opinion of such commission is reasonable, to answer any question put to such person touching the matters directed to be inquired into by such commission, or the refusal or failure of such person, without cause which in the opinion of such commission is reasonable, to produce and show to such commission any document or thing which is in the possession or power of such person and which in the opinion of such commission is necessary for arriving at the truth of the matters to be inquired into by such commission. if the period of his disqualification imposed under article 116 or article 111c, as the case may be has not elapsed. 90. qualification for election as a member of parliament every person who is qualified to be an elector shall be qualified to be elected as a member of parliament unless he is disqualified under the provisions of article 91. 91. disqualification for election as a member of parliament no person shall be qualified to be elected as a member of parliament or to sit and vote in parliament – if he is or becomes subject to any of the disqualifications specified in article 89; if he – stands nominated as a candidate for election for more than one electoral district at a general election, stands nominated as a candidate for election by more than one recognized political party or independent group in respect of any electoral district, stands nominated as a candidate for election for an electoral district and before the conclusion of the election for that electoral district he stands nominated as a candidate for election for any other electoral district, or being a member of parliament, except in the circumstances referred to in article 70(7) or article 155(4)(i), stands nominated as a candidate for election for any electoral district; if he is the president of the republic; if he is – a judicial officer, the parliamentary commissioner for administration, the secretary-general of parliament or a member of his staff, a member of the public service commission, a member of a provincial public service commission, a member of the constitutional council, referred to in sub-paragraph(e) of paragraph (1) of article 41a other than any member of parliament, a member of any commission specified in the schedule to article 41b, the commissioner general of elections, the auditor-general, a public officer or a member of the sri lanka state audit service holding any office created prior to november 18, 1970, the initial of the salary scale of which was, on november 18, 1970, not less than rs. 6,720 per annum, or such other amount per annum as would, under any subsequent revision of salary scales, correspond to such initial, a public officer or a member of the sri lanka state audit service holding any office created after november 18, 1970, the initial of the salary scale of which is, on the date of the creation of that office, not less than the initial of the salary scale applicable, on that date, to an office referred to in item (vii) or such other amount per annum as would, under any subsequent revision of salary scales, correspond to the first-mentioned initial, an officer of a provincial public service holding any office created after february 01, 1988, the initial of the salary scale of which is, on the date of the creation of that office, not less than such amount as determined by resolution of parliament, or such other amount per annum as would, under any subsequent revision of such salary scales, correspond to such initial, an officer in any public corporation holding any office created prior to november 18, 1970, the initial of the salary scale of which was, on november 18, 1970, not less than rs. 7,200 per annum or such other amount per annum as would, under any subsequent revision of salary scales, correspond to such initial, an officer in any public corporation holding any office created after november 18, 1970, the initial of the salary scale of which is, on the date of creation of that office, not less than the initial of the salary scale applicable on that date to an office referred to in item (ix) or such other amount per annum as would, under any subsequent revision of salary scales, correspond to the first mentioned initial, a member of the regular force of the army, navy or air force; or a police officer or a public officer exercising police function; a citizen of sri lanka who is also a citizen of any other country; if he has any such interest in any such contract made by or on behalf of the state or a public corporation as parliament shall by law prescribe; if he is an undischarged bankrupt or insolvent, having been declared bankrupt or insolvent; if during the preceding seven years he has been adjudged by a competent court or by a special presidential commission of inquiry to have accepted a bribe or gratification offered with a view to influencing his judgment as a member of parliament or as a member of the legislature prior to the commencement of the constitution. for the purposes of sub-paragraph (g) of paragraph (1) of this article, the acceptance by a member of parliament of any allowance or other payment made to him by any trade union or other organization solely for the purpose of his maintenance shall be deemed not to be the acceptance of a bribe or gratification. 92. disqualification for election as president every person who is qualified to be an elector shall be qualified to be elected to the office of president unless he is subject to any of the following disqualifications – if he has not attained the age of thirty-five years; if he is not qualified to be elected as a member of parliament under sub-paragraph (d), (e), (f) or (g) of paragraph (1) of article 91; and if he has been twice elected to the office of president by the people; if he has been removed from the office of president under the provisions of sub-paragraph (e) of paragraph (2) of article 38. 93. election to be free, equal and secret the voting for the election of the president of the republic and of the members of parliament and at any referendum shall be free, equal and by secret ballot. 94. election of the president at the election of the president every voter while casting his vote for any candidate maywhere there are three candidates for election, specify his second preference; and where there are more than three candidates for election, specify his second and third preferences. the candidate, if any, who receives more than one-half of the valid votes cast shall be declared elected as president where no candidate is declared elected under paragraph (2) of this article, the candidate or candidates, other than the candidates who received the highest and second highest number of such votes, shall be eliminated from the contest, andthe second preference of each voter whose vote had been for a candidate eliminated from the contest, shall, if it is for one or the other of the remaining two candidates, be counted as a vote for such candidate and be added to the votes counted in his favour under paragraph (2), and the third preference of each voter referred to in sub-paragraph (a) whose second preference is not counted under that sub-paragraph shall, if it is for one or the other of the remaining two candidates, be counted as a vote for such candidate and be added to the votes counted in his favour under sub-paragraph (a) and paragraph (2), and the candidate who receives the majority of the votes so counted shall be declared elected as president. where an equality is found to exist between the votes received by two or more candidates and the addition of one vote would determinewhich candidate is to be declared elected under this article; or which candidate is not to be eliminated under this article, then the determination of the candidate to whom such additional vote shall be deemed to have been given for the purpose of such determination shall be made by lot. 95. delimitation commission within three months of the commencement of the constitution, the president shall for the delimitation of electoral districts, establish a delimitation commission consisting of three persons appointed by him who he is satisfied are not actively engaged in politics. the president shall appoint one of such persons to be the chairman. if any member of the delimitation commission shall die or resign or if the president is satisfied that any such member has become incapable of discharging his functions as such, the president shall, in accordance with the provisions of paragraph (1) of this article, appoint another person in his place. 96. electoral districts the delimitation commission shall divide sri lanka into not less than twenty and not more than twenty-five electoral districts, and shall assign names thereto. each province of sri lanka may itself constitute an electoral district or may be divided into two or more electoral districts. where a province is divided into a number of electoral districts the delimitation commission shall have regard to the existing administrative districts so as to ensure as far as is practicable that each electoral district shall be an administrative district or a combination of two or more administrative districts or two or more electoral districts together constitute an administrative district. the electoral districts of each province shall together be entitled to return four members, (independently of the number of members which they are entitled to return by reference to the number of electors whose names appear in the registers of electors of such electoral districts), and the delimitation commission shall apportion such entitlement equitably among such electoral districts. in the event of a difference of opinion among the members of the delimitation commission, the opinion of the majority thereof shall prevail and shall be deemed to be the decision of the commission. where each member of the commission is of a different opinion, the opinion of the chairman shall be deemed to be the decision of the commission. any dissentient member may state his reasons for such dissent. the chairman of the delimitation commission shall communicate the decisions of the commission together with the reasons, if any, stated by a dissentient member to the president. [repealed] 97. proclamation of names etc. of electoral districts the president shall by proclamation publish the names and boundaries of the electoral districts and the number of members, which each such electoral district is entitled to return by virtue of the provisions of paragraph (4) of article 96 in accordance with the decision of the delimitation commission. the electoral districts specified in the proclamation shall come into operation at the next ensuing general election of members of parliament and shall thereafter be the electoral districts of sri lanka for all the purposes of the constitution and of any law for the time being in force relating to the election of members of parliament. 98. number of members to be returned by the several electoral districts and their apportionment among such electoral districts the several electoral districts shall together be entitled to return one hundred and ninety-six members. the apportionment of the number of members that each electoral district shall be entitled to return shall, in the case of thirty-six members, be determined in accordance with the provisions of paragraph (4) of article 96. the apportionment of the number of members that each electoral district shall be entitled to return out of the balance number of one hundred and sixty members shall be determined in accordance with the succeeding provisions of this article. the total number of electors whose names appear in the registers of electors of all the electoral districts shall be divided by one hundred and sixty. the whole number, resulting from such division (any fraction not being taken into account) is hereinafter referred to as the "qualifying number". the total number of electors whose names appear in the register of electors of each electoral district shall be divided by the qualifying number and each electoral district shall be entitled to return such number of members as is equivalent to the whole number resulting from the division of the total number of such electors in that electoral district by the qualifying number and the balance number of such electors, if any, after such division shall be dealt with, if necessary, in accordance with paragraph (6) of this article. where the total number of members to be returned by all the electoral districts ascertained by reference to the qualifying number in accordance with paragraph (5) of this article is less than one hundred and sixty members, the apportionment of the entitlement among the electoral districts of the balance number of members shall be by reference to the balance number of such electors and in the case of any electoral district not entitled to return a single member according to the determination made under paragraph (5), the total number of electors whose names appear in the register of electors of such electoral district, the electoral district having the highest of such balance number of such electors or such total number of such electors, being entitled to return one more member and so on until the total number of member to be returned number one hundred and sixty. where in making an apportionment under paragraph (6) of this article an equality is found to exist between two or more balance number of such electors or two or more total number of such electors or any combination of them and the addition of one such elector would entitle one electoral district to return an additional member, the determination of the electoral district to which one such elector shall be deemed to be added shall be determined by lot. the commissioner of elections, as soon as possible after the certification of the registers of electors for all the electoral districts, shall, by order published in the gazette, certify the number of members which each electoral district is entitled to return by virtue of the proclamation under article 97 and this article. for the purposes of this article "the register of electors" means the register of electors for the time being in operation on the basis of which an election is being held. 99. proportional representation at any election of members of parliament, the total number of members which an electoral district is entitled to return shall be the number specified by the commissioner of elections in the order published in accordance with the provisions of paragraph (8) of article 98. every elector at an election of members of parliament, shall, in addition to his vote, be entitled to indicate his preferences for not more than three candidates nominated by the same recognized political party or independent group. any recognized political party, or any group of persons contesting as independent candidates (hereinafter referred to as an "independent group") may for the purpose of any election of members of parliament for any electoral district, submit one nomination paper setting out the names of such number of candidates as is equivalent to the number of members to be elected for that electoral district, increased by three. each elector whose name appears in the register of electors shall be entitled to only one vote notwithstanding that his name appears in the electoral register in more than one electoral district. the recognized political party or independent group which polls the highest number of votes in any electoral district shall be entitled to have the candidate nominated by it, who has secured the highest number of preferences, declared elected. 6 every recognized political party and independent group polling less than one twentieth of the total votes polled at any election in any electoral district shall be disqualified from having any candidates of such party or group being elected for that electoral district. the votes polled by the disqualified parties and independent groups, if any, shall be deducted from the total votes polled at the election in that electoral district and the number of votes resulting from such deduction is hereinafter referred to as the "relevant number of votes." the relevant number of votes shall be divided by the number of members to be elected for that electoral district reduced by one. if the number resulting from such division is an integer, that integer, or if that number is an integer and fraction, the integer immediately higher to that integer and fraction is hereinafter referred to as the "resulting number." the number of votes polled by each recognised political party and independent group (other than those parties or groups disqualified under paragraph (6) of this article) beginning with the party or group which polled the highest number of votes shall then be divided by the resulting number and the returning officer shall declare elected from each such party or group, in accordance with the preferences secured by each of the candidates nominated by such party or group (the candidate securing the highest number of preferences being declared elected first, the candidate securing the next number of preferences being declared next and so on) such number of candidates (excluding the candidate declared elected under paragraph (5) of this article) as is equivalent to the whole number resulting from the division by the resulting number of the votes polled by such party or group. the remainder of the votes, if any, after such division, shall be dealt with if necessary, under paragraph (9) of this article. where after the declaration of the election of members as provided in paragraph (8) of this article there are one or more members yet to be declared elected, such member or members shall be declared elected by reference to the remainder of the votes referred to in paragraph (8) to the credit of each party or group after the declaration made under that paragraph and the votes polled by any party or group not having any of its candidates declared elected under paragraph (8), the candidate nominated by the party or group having the highest of such votes, who has secured the highest or next highest number of preferences being declared elected a member and so on until all the members to be elected are declared elected. 10 where the number of votes polled by each recognised political party or independent group is less than the resulting number referred to in paragraph (7) of this article the party or group which has polled the highest number of votes shall be entitled to have the candidate, nominated by that party or group (excluding the candidate declared elected under paragraph (5) of this article) who has secured the highest number of preferences declared elected and if there are one or more members yet to be declared elected, the party or group having the next highest number of votes polled shall be entitled to have the candidate nominated by that party or group who has secured the highest number of preferences declared elected and so on, until all the members to be elected for that electoral district are declared elected under the provisions of this paragraph. after the determination under paragraph (a) if there are one or more members yet to be declared elected in respect of that electoral district the provisions of that paragraph shall, mutatis mutandis, apply to the election of such members. where under paragraph (5) or (9) or (10) of this article an equality is found to exist between the votes polled by two or more recognized political parties or two or more independent groups or any combination of them and the addition of a vote would entitle the candidate of one such party or group to be elected, the determination of the party or group to which such additional vote shall be deemed to have been given shall be made by lot. for the purposes of this article the number of votes polled shall be deemed to be the number of votes counted other than rejected votes. 13 where a member of parliament ceases, by resignation, expulsion or otherwise, to be a member of a recognized political party or independent group on whose nomination paper (hereinafter referred to as the "relevant nomination paper") his name appeared at the time of his becoming such member of parliament, his seat shall become vacant upon the expiration of a period of one month from the date of his ceasing to be such member: provided that in the case of the expulsion of a member of parliament his seat shall not become vacant if prior to the expiration of the said period of one month he applies to the supreme court by petition in writing, and the supreme court upon such application determines that such expulsion was invalid. such petition shall be inquired into by three judges of the supreme court who shall make their determination within two months of the filing of such petition. where the supreme court determines that the expulsion was valid the vacancy shall occur from the date of such determination. where the seat of a member of parliament becomes vacant as provided in article 66 (other than paragraph (g) of that article) or by virtue of the preceding provisions of this paragraph the candidate from the relevant recognized political party or independent group who has secured the next highest number of preferences shall be declared elected to fill such vacancy. [repealed] 99a. election of members of parliament on the basis of the total number of votes polled at a general election after the one hundred and ninety six members referred to in article 98 have been declared elected at a general election of members of parliament, the commissioner of elections shall forthwith apportion the balance twenty nine seats among the recognized political parties and independent groups contesting such general election in the same proportion as the proportion which the number of votes polled by each such party or group at such general election bears to the total number of votes polled at such general election and for the purposes of such apportionment, the provisions of paragraphs (4), (5), (6) and (7) of article 98 shall, mutatis mutandis, apply. every recognised political party or independent group contesting a general election shall submit to the commissioner of elections within the nomination period specified for such election a list of persons qualified to be elected as members of parliament, from which it may nominate persons to fill the seats, if any, which such party or group will be entitled to, on such apportionment. the commissioner of elections shall cause every list submitted to him under this article to be published forthwith in the gazette and in one sinhala, tamil and english newspaper upon the expiry of the nomination period. where a recognized political party or independent group is entitled to a seat under the apportionment referred to above, the commissioner of elections shall by a notice, require the secretary of such recognized political party or group leader of such independent group to nominate within one week of such notice, persons qualified to be elected as members of parliament (being persons whose names are included in the list submitted to the commissioner of elections under this article or in any nomination paper submitted in respect of any electoral district by such party or group at that election) to fill such seats and shall declare elected as members of parliament, the persons so nominated. the commissioner of elections shall before issuing the aforesaid notice determine whether the number of members belonging to any community, ethnic or otherwise, elected to parliament under article 98 is commensurate with the national population ratio and request the secretary of such recognized political party or group leader of such independent group in so nominating persons to be elected as members of parliament to ensure as far as practicable, that the representation of all communities is commensurate with its national population ratio. for the purposes of this article the number of votes polled at a general election shall be deemed to be the number of votes actually counted and shall not include any votes rejected as void. 100. penalty for sitting and voting in parliament when disqualified any person whohaving been elected a member of parliament but not having been at the time of such election qualified to be so elected, shall sit or vote in parliament; or shall sit or vote in parliament after his seat therein has become vacant or he has become disqualified from sitting or voting therein, knowing or having reasonable grounds for knowing that he was so disqualified or that his seat has become vacant, as the case may be, shall be liable to a penalty of five hundred rupees for every day upon which he so sits or votes to be recovered as a debt due to the republic by an action instituted by the attorney-general in the district court of colombo. 101. parliament may make provision in respect of elections the parliament may by law make provision forthe registration of electors; the prescribing of a qualifying date on which a person should be resident in any electoral district to be entered in the register of electors of that electoral district; the prescribing of a qualifying date on which a person should have attained the age of eighteen years to qualify for the purposes of registration as an elector; the preparation and revision of registers of electors; the procedure for the election of members of parliament; the creation of offences relating to such elections and the punishment therefor; the grounds for avoiding such elections, and where an election has been held void the manner of holding fresh elections; the form and manner in which vacancies shall be filled when all the candidates whose names appearing in the nomination paper of a recognized political party or independent group have been exhausted by election or otherwise or where a recognized political party or independent group has been proscribed under article 157a; and the manner of determination of disputed elections and such other matters as are necessary or incidental to the election of members of parliament: provided that no such law shall add to the disqualifications specified in articles 89 and 91. until parliament by law makes provision for such matters, the ceylon (parliamentary elections) order in council, 1946 as amended from time to time, shall, subject to the provisions of the constitution, mutatis mutandis, apply. 102. public officer or an officer of a public corporation not to function during period of election when a public officer or an officer of a public corporation is a candidate at any election, be shall be deemed to be on leave from the date on which he stands nominated as a candidate until the conclusion of the election. such a public officer or an officer of a public corporation shall not during such period exercise, perform or discharge any of the powers, duties or functions of his office. chapter xiva. election commission 103. election commission there shall be an election commission (in this chapter referred to as the “commission”) consisting of three members appointed by the president on the recommendation of the constitutional council, from amongst persons who have distinguished themselves in any profession or in the fields of administration or education. one of the members so appointed shall be a retired officer of the department of elections, who has held office as a deputy commissioner of elections or above. the president shall on the recommendation of the constitutional council, appoint one member as its chairman. the object of the commission shall be to conduct free and fair elections and referenda. no person shall be appointed as a member of the commission or continue to hold office as such member if he is or becomes a member of parliament, a provincial council or a local authority, or is or appointed a judicial officer or public officer, or is or enters into the employment of the state in any capacity whatsoever. the provisions of the constitution and any other law relating to the removal of judges of the supreme court and the court of appeal from office shall, mutatis mutandis, apply to the removal of a member of the commission from office. a member of the commission who without obtaining prior leave of the commission, absents himself from three consecutive meetings of the commission, shall be deemed to have vacated office with effect from the date of the third of such meetings. a member of the commission shall hold office for a period of five years from the date of appointment, unless he becomes subject to any disqualification under paragraph (3) of this article or earlier resigns from office by writing addressed to the president or is removed from office under paragraph (4) of this article, or is convicted by a court of law of any offence involving moral turpitude, or if a resolution for the imposition of civic disability upon him has been passed in terms of article 81 or is deemed to have vacated office under paragraph (5) of this article. the president may grant a member leave from the performance of his duties relating to the commission for a period not exceeding two months, and may appoint a person qualified to be a member of the commission to be a temporary member for the period of such leave. every such appointment shall be made on the recommendation of the constitutional council. a member of the commission shall be paid such emoluments as may be determined by parliament. the emoluments paid to a member of the commission shall be charged on the consolidated fund and shall not be diminished during the term of office of the member. all members of the commission shall be deemed to be public servants within the meaning and for the purposes of chapter ix of the penal code. 104. meetings of the commission the quorum for any meetings of the commission shall be three members. 2 the chairman of the commission shall preside at all meetings of the commission and in the absence of the chairman from any meeting of the commission, a member elected by the members present from amongst themselves shall preside at such meeting. decisions of the commission shall be by a majority of the members present and voting at the meeting at which the decision is taken, and in the event of an equality of votes, the chairman or the member presiding at the meeting shall have a casting vote. the commission shall have power to act notwithstanding any vacancy in the membership of the commission, and no act or proceeding or decision of the commission shall be invalid or be deemed to be invalid by reason only of such vacancy or any defect in the appointment of a member. 104a. finality of decisions and immunity from suit subject to the jurisdiction conferred on the supreme court under paragraph (1) of article 126, article 104h and article 130 and on the court of appeal by article 144 and the jurisdiction conferred on any court by any law to hear and determine election petitions or referendum petitions– no court shall have the power or jurisdiction to entertain or hear or decide or call in question on any ground and in any manner whatsoever, any decision, direction or act of the commission, made or done or purported to have been made or done under the constitution or under any law relating to the holding of an election or the conduct of a referendum as the case may be, which decisions, directions or acts shall be final and conclusive; and no suit or prosecution or other proceeding shall lie against any member or officer of the commission for any act or thing which in good faith is done or purported to be done by him in the performance of his duties or the discharge of his functions under the constitution or under any law relating to the holding of an election or the conduct of a referendum as the case may be. 104b. powers, functions and duties of the commission the commission shall exercise, perform and discharge all such powers, duties and functions conferred or imposed on or assigned to – the commission; or the commissioner-general of elections, by the constitution, and by the law for the time being relating to the election of the president, the election of members of parliament, the election of members of provincial councils, the election of members of local authorities and the conduct of referenda, including but not limited to all the powers, duties and functions relating to the preparation and revision of registers of electors for the purposes of such elections and referenda and the conduct of such elections and referenda. it shall be the duty of the commission to secure the enforcement of all laws relating to the holding of any such election or the conduct of referenda and it shall be the duty of all authorities of the state charged with the enforcement of such laws, to co-operate with the commission to secure such enforcement. the commission shall be responsible and answerable to parliament in accordance with the provisions of the standing orders of parliament for the exercise, performance and discharge of its powers, duties and functions and shall forward to parliament for each calendar year a report of its activities for such year. 4 the commission shall have the power during the period of an election, to prohibit the use of any movable or immovable property belonging to the state or any public corporation – for the purpose of promoting or preventing the election of any candidate or any political party or independent group contesting at such election; by any candidate or any political party or any independent group contesting at such election, by a direction in writing by the chairman of the commission or of the commissioner-general of elections on the instruction of the commission. it shall be the duty of every person or officer in whose custody or under whose control such property is for the time being, to comply with, and give effect to, such direction. 5 the commission shall have the power to issue from time to time, in respect of the holding of any election or the conduct of a referendum, such guidelines as the commission may consider appropriate to any broadcasting or telecasting operator or any proprietor or publisher of a newspaper as the case may be, as the commission may consider necessary to ensure a free and fair election. it shall be the duty of the chairman of the sri lanka broadcasting corporation, the chairman of the sri lanka rupavahini corporation and the chairman of the independent television network and the chief executive officer of every other broadcasting or telecasting enterprise owned or controlled by the state to take all necessary steps to ensure compliance with such guidelines as are issued to them under sub-paragraph (a). the commission shall cause the directions and guidelines referred to in paragraphs 4(a) and paragraph 5(a) to be published in at least one newspaper widely circulated, in the sinhala, tamil and english languages. every direction and guideline shall be published in the gazette and shall come into operation on the date of such publication or on such later date as may be specified in such direction and guideline. every such direction and guideline shall, within three months from the date of publication in the gazette, be brought before parliament for approval. any direction or guideline which is not so approved shall be deemed to be rescinded as from the date of such disapproval, but without prejudice to anything previously done thereunder. 104c. deployment of police by the commission upon the making of an order for the holding of an election or the making of a proclamation requiring the conduct of a referendum, as the case may be, the commission shall notify the inspector-general of police of the facilities and the number of police officers required by the commission for the holding or conduct of such election or referendum, as the case may be. the inspector-general of police shall make available to the commission the facilities and police officers specified in any notification made under paragraph (1) of this article. the commission may deploy the police officers and facilities made available to the commission in such manner as is calculated to promote the conduct of a free and fair election or referendum, as the case may be. every police officer made available to the commission under paragraph (2) of this article, shall be responsible to and act under the direction and control of the commission during the period of an election. no suit, prosecution or other proceeding, shall lie against any police officer made available to the commission under this article for any lawful act or thing in good faith done by such police officer, in pursuance of a direction of the commission or his functioning under the commission. 104d. deployment of armed forces it shall be lawful for the commission, upon the making of an order for the holding of an election or the making of a proclamation requiring the conduct of a referendum, as the case may be, to make recommendations to the president regarding the deployment of the armed forces of the republic for the prevention or control of any actions or incidents which may be prejudicial to the holding or conducting of a free and fair election or referendum, as the case may be. 104e. commissioner-general of elections and other officers of the commission there shall be a commissioner-general of elections who shall, subject to the approval of the constitutional council, be appointed by the commission on such terms and conditions as may be determined by the commission. the commissioner-general of elections shall be entitled to be present at meetings of the commission, except where any matter relating to him is being considered by the commission. he shall have no right to vote at such meetings. the commission may appoint such other officers to the commission on such terms and conditions as may be determined by the commission. the salaries of the commissioner-general of elections and the other officers of the commission, shall be determined by the commission and shall be charged on the consolidated fund. the commissioner-general of elections shall, subject to the direction and control of the commission, implement the decisions of the commission and exercise supervision over the officers of the commission. the commission may delegate to the commissioner-general of elections or other officer of the commission, any power, duty or function of the commission and the commissioner-general of elections or such officer shall exercise, perform and discharge such power, duty or function, subject to the direction and control of the commission. the office of the commissioner-general of elections shall become vacant – upon his death; on his resignation in writing addressed to the commission; on his attaining the age of sixty five years; on his removal by the commission on account of ill health or physical or mental infirmity; or on his removal by the commission on the presentation of an address of parliament in compliance with the provisions of paragraph (8), for such removal on the ground of proved misbehaviour or incapacity. 8 the address referred to in sub-paragraph (e) of paragraph (7) of this article shall be required to be supported by a majority of the total number of members of parliament (including those not present) and no resolution for the presentation of such an address shall be entertained by the speaker or placed on the order paper of parliament, unless notice of such resolution is signed by not less than one-third of the total number of members of parliament and sets out full particulars of the alleged misbehaviour or incapacity. parliament shall by law or by standing orders, provide for all matters relating to the presentation of such an address, including the procedure for the passing of such resolution, the investigation and proof of the alleged misbehaviour or incapacity and the right of the commissioner-general of elections to appear and to be heard in person or by representatives. 104f. returning officers the commission shall from time to time by notice published in the gazette appoint by name or by office a person to be a returning officer to each electoral district, and may appoint by name or by office one or more persons to assist the returning officer in the performance of his duties. every officer appointed under paragraph (1) shall in the performance and discharge of such duties and functions as are assigned to him, be subject to such directions as may be issued by the commission and shall be responsible and answerable to the commission therefor. 104g. public officers all public officers performing duties and functions at any election or referenda shall act in the performance and discharge of such duties and functions under the directions of the commission and shall be responsible and answerable to the commission therefor. 104gg. failure to comply with directions to be an offence any public officer, any employee of any public corporation, business or other undertaking vested in the government under any other written law and any company registered or deemed to be registered under the companies act, no. 7 of 2007, in which the government or any public corporation or local authority holds fifty per centum or more of the shares of that company, who – refuses or fails without a reasonable cause to co-operate with the commission, to secure the enforcement of any law relating to the holding of an election or the conduct of a referendum; or fails without a reasonable cause to comply with any directions or guidelines issued by the commission under sub-paragraph (a) of paragraph (4) or sub-paragraph (a) of paragraph (5), respectively, of article 104b, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred thousand rupees or to imprisonment for a term not exceeding three years or to both such fine and imprisonment. every high court established under article 154p of the constitution shall have jurisdiction to hear and determine any matter referred to in paragraph (1). 104h. power of supreme court to issue writs the jurisdiction conferred on the court of appeal under article 140 of the constitution shall, in relation to any matter that may arise in the exercise by the commission of the powers conferred on it by the constitution or by any other law, be exercised by the supreme court. every application invoking the jurisdiction referred to in paragraph (1), shall be made within one month of the date of the commission of the act to which the application relates. the supreme court shall hear and finally dispose of the application within two months of the filing of the same. 104j. interpretation in this chapter “during the period of an election” shall mean the period commencing on the making of a proclamation or order for the conduct of a referendum or for the holding of an election, as the case may be, and ending on the date on which the result of poll taken at such referendum or election, as the case may be, is declared. chapter xv. the judiciary 105. establishment of courts etc subject to the provisions of the constitution, the institutions for the administration of justice which protect, vindicate and enforce the rights of the people shall bethe supreme court of the republic of sri lanka, the court of appeal of the republic of sri lanka, the high court of the republic of sri lanka and such other courts of first instance, tribunals or such institutions as parliament may from time to time ordain and establish. all courts, tribunals and institutions created and established by existing written law for the administration of justice and for the adjudication and settlement of industrial and other disputes, other than the supreme court, shall be deemed to be courts, tribunals and institutions created and established by parliament. parliament may replace or abolish, or, amend the powers, duties, jurisdiction and procedure of, such courts, tribunals and institutions. the supreme court of the republic of sri lanka and the court of appeal of the republic of sri lanka shall each be a superior court of record and shall have all the powers of such court including the power to punish for contempt of itself, whether committed in the court itself or elsewhere, with imprisonment or fine or both as the court may deem fit. the power of the court of appeal shall include the power to punish for contempt of any other court, tribunal or institution referred to in paragraph (1) (c) of this article, whether committed in the presence of such court or elsewhere: provided that the preceding provisions of this article shall not prejudice or affect the rights now or hereafter vested by any law in such other court, tribunal or institution to punish for contempt of itself. parliament may by law provide for the creation and establishment of courts, tribunals or institutions for the adjudication and settlement of matters relating to the discipline of bhikkus or any dispute between bhikkus or any other dispute relating to the performance of services, in, or in relation to, temples. such law may, notwithstanding anything to the contrary in this chapter or chapter xvi, make provision – for the appointment, transfer, dismissal and disciplinary control of the member or members of such courts, tribunals or institutions by the president or by such other person or body of persons as may be provided for in such law; for the exclusion of the jurisdiction of any other institution referred to in paragraph (1) of this article in relation to such matters and disputes. in this paragraph the expressions "bhikku" and "temple" shall have the same meanings as in the buddhist temporalities ordinance, as at the commencement of the constitution. 106. public sittings the sittings of every court, tribunal or other institution established under the constitution or ordained and established by parliament shall subject to the provisions of the constitution be held in public, and all persons shall be entitled freely to attend such sittings. a judge or presiding officer of any such court, tribunal or other institution may, in his discretion, whenever he considers it desirablein proceedings relating to family relations, in proceedings relating to sexual matters, in the interests of national security or public safety, or in the interests of order and security within the precincts of such court, tribunal or other institution. exclude therefrom such persons as are not directly interested in the proceedings therein. independence of the judiciary 107. appointment and removal of judges of the supreme court and court of appeal the chief justice, the president of the court of appeal and every other judge of the supreme court and of the court of appeal shall, subject to the approval of the constitutional council, be appointed by the president by warrant under his hand. every such judge shall hold office during good behaviour and shall not be removed except by an order of the president made after an address of parliament supported by a majority of the total number of members of parliament (including those not present) has been presented to the president for such removal on the ground of proved misbehaviour or incapacity: provided that no resolution for the presentation of such an address shall be entertained by the speaker or placed on the order paper of parliament, unless notice of such resolution is signed by not less than one-third of the total number of members of parliament and sets out full particulars of the alleged misbehaviour or incapacity. parliament shall by law or by standing orders provide for all matters relating to the presentation of such an address, including the procedure for the passing of such resolution, the investigation and proof of the alleged misbehaviour or incapacity and the right of such judge to appear and to be heard in person or by representative. every person appointed to be or to act as chief justice, president of the court of appeal or a judge of the supreme court or court of appeal shall not enter upon the duties of his office until he takes and subscribes or makes and subscribes before the president, the oath or the affirmation set out in the fourth schedule. the age of retirement of judges of the supreme court shall be sixty-five years and of judges of the court of appeal shall be sixty-three years. 108. salaries of judges of the supreme court and court of appeal the salaries of the judges of the supreme court and of the court of appeal shall be determined by parliament and shall be charged on the consolidated fund. the salary payable to, and the pension entitlement of a judge of the supreme court and a judge of the court of appeal shall not be reduced after his appointment. 109. acting appointments if the chief justice or the president of the court of appeal is temporarily unable to exercise, perform and discharge the powers, duties and functions of his office, by reason of illness, absence from sri lanka or any other cause, the president shall, subject to the approval of the constitutional council, appoint another judge of the supreme court, or of the court of appeal, as the case may be, to act in the office of chief justice, or president of the court of appeal, during such period. if any judge of the supreme court or of the court of appeal is temporarily unable to exercise, perform and discharge the powers, duties and functions of his office, by reason of illness, absence from sri lanka or any other cause, the president may, subject to the approval of the constitutional council, appoint another judge to act as a judge of the supreme court or court of appeal, during such period. 110. performance or discharge of other duties or functions by judges a judge of the supreme court or court of appeal may be required by the president of the republic to perform or discharge any other appropriate duties or functions under any written law. no judge of the supreme court or court of appeal shall perform any other office (whether paid or not) or accept any place of profit or emolument, except as authorized by the constitution or by written law or with the written consent of the president. no person who has held office as a permanent judge of the supreme court or of the court of appeal may appear, plead, act or practise in any court, tribunal or institution as an attorney-at-law at any time without the written consent of the president. 111. appointment, removal and disciplinary control of judges of the high court there shall be a high court of sri lanka, which shall exercise such jurisdiction and powers as parliament may by law vest or ordain. the judges of the high court shall – on the recommendation of the judicial service commission, be appointed by the president by warrant under his hand and such recommendation shall be made after consultation with the attorney-general; be removable and be subject to the disciplinary control of the president on the recommendation of the judicial service commission. subject to the provisions of paragraph (2) of this article, parliament may by law provide for matters relating to the retirement of the judge of such high court. any judge of the high court may resign his office by writing under his hand addressed to the president. 111a. commissioners of the high court where the minister in charge of the subject of justice represents to the president that it is expedient that the number of the judges exercising the jurisdiction and powers of the high court in any judicial zone should be temporarily increased the president may, on the recommendation of the judicial service commission, by warrant, appoint, one or more commissioners of the high court to exercise the jurisdiction and powers of the high court within such judicial zone as is specified in the warrant of appointment of such commissioner of the high court. every commissioner of the high court appointed under paragraph (1) shall hold office for the period specified in his warrant of appointment and shall be removable, and be subject to disciplinary control, by the president, on the recommendation of the judicial service commission. every commissioner of the high court appointed under paragraph (1) may, during his tenure of office, exercise, according to law, such jurisdiction and powers as is, or are, vested or ordained in the high court by parliament and shall be invested with all the rights, powers privileges and immunities (except such rights and privileges as relate to tenure of office) of a judge of the high court, and for this purpose, a reference to a “judge of the high court” in the constitution or other written law shall, unless the context otherwise requires, be deemed to include a reference to a “commissioner of the high court”. 111b. fiscal for the whole island there shall be a fiscal, who shall be the fiscal for the whole island and who shall exercise supervision and control over deputy fiscals attached to all courts of first instance. 111c. interference with judiciary an offence every judge, presiding officer, public officer or other person entrusted by law with judicial powers or functions or with functions under this chapter or with similar functions under any law enacted by parliament shall exercise and perform such powers and functions without being subject to any direction or other interference proceeding from any other person except a superior court, tribunal, institution or other person entitled under law to direct or supervise such judge, presiding officer, public officer or such other person in the exercise or performance of such powers or functions. every person who, without legal authority, interferes or attempts to interfere with the exercise or performance of the judicial powers or functions of any judge, presiding officer, public officer or such other person as is referred to in paragraph (1) of this article, shall be guilty of an offence punishable by the high court on conviction after trial without a jury with imprisonment of either description for a term which may extend to a period of one year or with fine or with both such imprisonment and fine and may, in addition, be disqualified for a period not exceeding seven years from the date of such conviction from being an elector and from voting at a referendum or at any election of the president of the republic or at any election of a member of parliament or any local authority or from holding any public office and from being employed as a public officer. chapter xva. judicial service commission 111d. constitution of the judicial service commission there shall be a judicial service commission (in this chapter referred to as the “commission”) consisting of the chief justice and the two most senior judges of the supreme court appointed by the president, subject to the approval of the constitutional council. where the chief justice and the two most senior judges of the supreme court are judges who have not had any judicial experience serving as a judge of a court of first instance, the commission shall consist of the chief justice, the senior most judge of the supreme court and the next most senior judge of such court, who has had experience as a judge of a court of first instance. the chief justice shall be the chairman of the commission. 111e. meetings of the commission the quorum for any meeting of the commission shall be two members of the commission. a judge of the supreme court appointed as a member of the commission shall, unless he earlier resigns his office or is removed therefrom as hereinafter provided or ceases to be a judge of the supreme court, hold office for a period of three years from the date of his appointment, but shall be eligible for re-appointment. all decisions of the commission shall be made by a majority of the members present, and in the event of an equality of votes, the chairman of the meeting shall have a casting vote. the commission shall have power to act notwithstanding any vacancy in its membership and no act or proceeding of the commission shall be, or be deemed to be invalid by reason only of such vacancy or any defect in the appointment of a member. the president may grant to any member of the commission leave from duties and may appoint subject to the approval of the constitutional council, a person qualified to be a member of the commission to be a temporary member for the period of such leave. the president may, with the approval of the constitutional council, and for cause assigned, remove from office any member of the commission. 111f. allowances of members of the commission a member of the commission shall be paid such allowances as may be determined by parliament. such allowances shall be charged on the consolidated fund and shall not be reduced during the period of office of a member and shall be in addition to the salary and other allowances attached to and received from, the substantive appointment: provided that until the amount to be paid as allowances is determined under the provisions of this article, the members of the commission shall continue to receive as allowances, such amount as they were receiving on the day immediately preceding the date on which this chapter comes into operation. 111g. secretary to the commission there shall be a secretary to the commission who shall be appointed by the commission from among senior judicial officers of the courts of first instance. 111h. powers of the commission the judicial service commission is hereby vested with the power to transfer judges of the high court; appoint, promote, transfer, exercise disciplinary control and dismiss judicial officers and scheduled public officers. the commission may make – rules regarding training of judges of the high court, the schemes for recruitment and training, appointment, promotion and transfer of judicial officers and scheduled public officers; provision for such matters as are necessary or expedient for the exercise, performance and discharge of the powers, duties and functions of the commission. the chairman of the commission or any judge of the supreme court or judge of the court of appeal as the case may be, authorized by the commission shall have power and authority to inspect any court of first instance, or the records, registers and other documents maintained in such court, or hold such inquiry as may be necessary. the commission may by order published in the gazette delegate to the secretary to the commission the power to make transfers in respect of scheduled public officers, other than transfers involving increase of salary, or to make acting appointments in such cases and subject to such limitations as may be specified in the order. 111j. judicial officers and scheduled public officers may resign any judicial officer or scheduled public officer may resign his office by writing under his hand addressed to the chairman of the commission. 111k. immunity from legal proceedings no suit or proceeding shall lie against the chairman, member or secretary or officer of the commission for any lawful act which in good faith is done in the performance of his duties or functions as such chairman, member, secretary or officer of the commission. 111l. interference with the commission and offence every person who otherwise than in the course of such persons lawful duty, directly or indirectly, alone or by or with any other person, in any manner whatsoever, influences or attempts to influence any decision or order made by the commission or to so influence any member thereof, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred thousand rupees or to imprisonment for a term not exceeding three years or to both such fine and imprisonment: provided however that the giving of a certificate or testimonial to any applicant or candidate for any judicial office or scheduled public office shall not be an offence. every high court established under article 154p of the constitution shall have jurisdiction to hear and determine any matter referred to in paragraph (1). 111m. interpretation in this chapter – “appointment” includes the appointment to act in any office referred to in this chapter. “judicial officer” means any person who holds office as judge, presiding officer or member of any court of first instance, tribunal or institution created and established for the administration of justice or for the adjudication of any labour or other dispute, but does not include a judge of the supreme court or of the court of appeal or of the high court or a person who performs arbitral functions or a public officer whose principal duty is not the performance of functions of a judicial nature; and “scheduled public officer” means the registrar of the supreme court, the registrar of the court of appeal, the registrar, deputy registrar or assistant registrar of the high court or any court of first instance, the fiscal, the deputy fiscal of the court of appeal or high court and any court of first instance, any public officer employed in the registry of the supreme court, court of appeal or high court or any court of first instance included in a category specified in the fifth schedule or such other categories as may be specified by order made by the minister in charge of the subject of justice and approved by parliament and published in the gazette. no court, tribunal or institution shall have jurisdiction to entertain or to determine the question whether or not a person is a judicial officer within the meaning of the constitution, but such question shall be determined solely by the commission, whose decision thereon shall be final and conclusive. no act of such person or proceeding held before such person, prior to such determination as is referred to in sub-paragraph (b), shall be deemed to be invalid by reason of such determination. [repealed] [repealed] [repealed] [repealed] [repealed] [renumbered as article 111c] [repealed] chapter xvi. the superior courts the supreme court 118. general jurisdiction of supreme court the supreme court of the republic of sri lanka shall be the highest and final superior court of record in the republic and shall subject to the provisions of the constitution exercise – jurisdiction in respect of constitutional matters; jurisdiction for the protection of fundamental rights; final appellate jurisdiction; consultative jurisdiction; jurisdiction in election petitions; jurisdiction in respect of any breach of the privileges of parliament; and jurisdiction in respect of such other matters which parliament may by law vest or ordain. 119. constitution of supreme court the supreme court shall consist of the chief justice and of not less than six and not more than ten other judges who shall be appointed as provided in article 107. the supreme court shall have power to act notwithstanding any vacancy in its membership, and no act or proceeding of the court shall be, or shall be deemed to be, invalid by reason only of any such vacancy or any defect in the appointment of a judge. 120. constitutional jurisdiction of the supreme court the supreme court shall have sole and exclusive jurisdiction to determine any question as to whether any bill or any provision thereof is inconsistent with the constitution: provided thatin the case of a bill described in its long title as being for the amendment of any provision of the constitution, or for the repeal and replacement of the constitution, the only question which the supreme court may determine is whether such bill requires approval by the people at a referendum by virtue of the provisions of article 83; where the cabinet of ministers certifies that a bill which is described in its long title as being for the amendment of any provisions of the constitution, or for the repeal and replacement of the constitution, intended to be passed with the special majority required by article 83 and submitted to the people by referendum, the supreme court shall have and exercise no jurisdiction in respect of such bill; where the cabinet of ministers certifies that any provision of any bill which is not described in its long title as being for the amendment of any provision of the constitution, or for the repeal and replacement of the constitution is intended to be passed with the special majority required by article 84, the only question which the supreme court may determine is whether such bill requires approval by the people at a referendum by virtue of the provisions of article 83 or whether such bill is required to comply with paragraphs (1) and (2) of article 82; or where the cabinet of ministers certifies that any provision of any bill which is not described in its long title as being for the amendment of any provision of the constitution or for the repeal and replacement of the constitution is intended to be passed with the special majority required by article 84, the only question which the supreme court may determine is whether any other provision of such bill requires to be passed with the special majority required by article 84 or whether any provision of such bill requires the approval by the people at a referendum by virtue of the provisions of article 83 or whether such bill is required to comply with the provisions of paragraphs (1) and (2) of article 82. 121. ordinary exercise of constitutional jurisdiction in respect of bills the jurisdiction of the supreme court to ordinarily determine any such question as aforesaid may be invoked by the president by a written reference addressed to the chief justice, or by any citizen by a petition in writing addressed to the supreme court. such reference shall be made, or such petition shall be filed, within one week of the bill being placed on the order paper of the parliament, and a copy thereof shall at the same time be delivered to the speaker. in this paragraph "citizen " includes a body, whether incorporated or unincorporated, if not less than three-fourths of the members of such body are citizens. where the jurisdiction of the supreme court has been so invoked no proceedings shall be had in parliament in relation to such bill until the determination of the supreme court has been made, or the expiration of a period of three weeks from the date of such reference or petition, whichever occurs first. the supreme court shall make and communicate its determination to the president and to the speaker within three weeks of the making of the reference or the filing of the petition, as the case may be. [repealed]. 123. determination of supreme court in respect of bills the determination of the supreme court shall be accompanied by the reasons therefor, and shall state whether the bill or any provision thereof is inconsistent with the constitution and if so, which provision or provisions of the constitution. where the supreme court determined that the bill or any provision thereof is inconsistent with the constitution, it shall also statewhether such bill is required to comply with the provisions of paragraphs (1) and (2) of article 82; or whether such bill or any provision thereof may only be passed by the special majority required under the provisions of paragraph (2) of article 84; or whether such bill or any provision thereof requires to be passed by the special majority required under the provisions of paragraph (2) of article 84 and approved by the people at a referendum by virtue of the provisions of article 83, and may specify the nature of the amendments which would make the bill or such provision cease to be inconsistent. [repealed]. where any bill, or the provision of any bill, has been determined, or is deemed to have been determined to be inconsistent with the constitution, such bill or such provision shall not be passed except in the manner stated in the determination of the supreme court: provided that it shall be lawful for such bill to be passed after, such amendment as would make the bill cease to be inconsistent with the constitution. 124. validity of bills and legislative process not to be questioned save as otherwise provided in articles 120 and 121, no court or tribunal created and established for the administration of justice, or other institution, person or body of persons shall in relation to any bill, have power or jurisdiction to inquire into, or pronounce upon, the constitutionality of such bill or its due compliance with the legislative process, on any ground whatsoever. 125. constitutional jurisdiction in the interpretation of the constitution the supreme court shall have sole and exclusive jurisdiction to hear and determine any question relating to the interpretation of the constitution, and accordingly, whenever any such question arises in the course of any proceeding in any other court or tribunal or other institution empowered by law to administer justice or to exercise judicial or quasi-judicial functions, such question shall forthwith be referred to the supreme court for determination. the supreme court may direct that further proceedings be stayed pending the determination of such question. the supreme court shall determine such question within two months of the date of reference and make any such consequential order as the circumstances of the case may require. 126. fundamental rights jurisdiction and its exercise the supreme court shall have sole and exclusive jurisdiction to hear and determine any question relating to the infringement or imminent infringement by executive or administrative action of any fundamental right or language right declared and recognized by chapter iii or chapter iv. where any person alleges that any such fundamental right or language right relating to such person has been infringed or is about to be infringed by executive or administrative action, he may himself or by an attorney-at-law on his behalf, within one month thereof, in accordance with such rules of court as may be in force, apply to the supreme court by way of petition in writing addressed to such court praying for relief or redress in respect of such infringement. such application may be proceeded with only with leave to proceed first had and obtained from the supreme court, which leave may be granted or refused, as the case may be, by not less than two judges. where in the course of hearing in the court of appeal into an application for orders in the nature of a writ of habeas corpus, certiorari, prohibition, procedendo, mandamus or quo warranto, it appears to such court that there is prima facie evidence of an infringement or imminent infringement of the provisions of chapter iii or chapter iv by a party to such application, such court shall forthwith refer such matter for determination by the supreme court. the supreme court shall have power to grant such relief or make such directions as it may deem just and equitable in the circumstance in respect of any petition or reference referred to in paragraphs (2) and (3) of this article or refer the matter back to the court of appeal if in its opinion there is no infringement of a fundament right or language right. the supreme court shall hear and finally dispose of any petition or reference under this article within two months of the filing of such petition or the making of such reference. 127. appellate jurisdiction the supreme court shall, subject to the constitution, be the final court of civil and criminal appellate jurisdiction for and within the republic of sri lanka for the correction of all errors in fact or in law which shall be committed by the court of appeal or any court of first instance, tribunal or other institution and the judgments and orders of the supreme court shall in all cases be final and conclusive in all such matters. the supreme court shall, in the exercise of its jurisdiction, have sole and exclusive cognizance by way of appeal from any order, judgment, decree, or sentence made by the court of appeal, where any appeal lies in law to the supreme court and it may affirm, reverse or vary any such order, judgment, decree or sentence of the court of appeal and may issue such directions to any court of first instance or order a new trial or further hearing in any proceedings as the justice of the case may require, and may also call for and admit fresh or additional evidence if the interests of justice so demands and may in such event, direct that such evidence be recorded by the court of appeal or any court of first instance. 128. right of appeal an appeal shall lie to the supreme court from any final order, judgment, decree or sentence of the court of appeal in any matter or proceedings, whether civil or criminal, which involves a substantial question of law, if the court of appeal grants leave to appeal to the supreme court ex mero motu or, at the instance of any aggrieved party to such matter or proceedings; the supreme court may, in its discretion, grant special leave to appeal to the supreme court from any final or interlocutory order, judgment, decree, or sentence made by the court of appeal in any matter or proceedings, whether civil or criminal, where the court of appeal has refused to grant leave to appeal to the supreme court, or where in the opinion of the supreme court, the case or matter is fit for, review by the supreme court: provided that the supreme court shall grant leave to appeal in every matter or proceedings in which it is satisfied that the question to be decided is of public or general importance. any appeal from an order or judgment of the court of appeal, made or given in the exercise of its jurisdiction under article 139, 140, 141, 142 or 143 to which the president, a minister, a deputy minister or a public officer in his official capacity is a party, shall be heard and determined within two months of the date of filing thereof. an appeal shall lie directly to the supreme court on any matter and in the manner specifically provided for by any other law passed by parliament. 129. consultative jurisdiction if at any time it appears to the president of the republic that a question of law or fact has arisen or is likely to arise which is of such nature and of such public importance that it is expedient to obtain the opinion of the supreme court upon it, he may refer that question to that court for consideration and the court may, after such hearing as it thinks fit, within the period specified in such reference or within such time as may be extended by the president, report to the president its opinion thereon. where the speaker refers to the supreme court for inquiry and report all or any of the allegation or allegations, as the case may be, contained in any such resolution as is referred in article 38 (2) (a), the supreme court shall in accordance with article 38 (2) (d) inquire into such allegation or allegations and shall report its determination to the speaker within two months of the date of reference. such opinion, determination and report shall be expressed after consideration by at least five judges of the supreme court, of whom, unless he otherwise directs, the chief justice shall be one. every proceeding under paragraph (1) of this article shall be held in private unless the court for special reasons otherwise directs. 130. jurisdiction in election and referendum petitions the supreme court shall have the power to hear and determine and make such orders as provided for by law on – any legal proceeding relating to election of the president or the validity of a referendum. any appeal from an order or judgment of the court of appeal in an election petition case: provided that the hearing and determination of a proceeding relating to the election of the president or the validity of a referendum shall be by at least five judges of the supreme court of whom, unless he otherwise directs, the chief justice shall be one. 131. jurisdiction in respect of the breaches of parliamentary privileges the supreme court shall have according to law the power to take cognizance of and punish any person for the breach of the privileges of parliament. 132. sittings of the supreme court the several jurisdictions of the supreme court shall be ordinarily exercised at colombo unless the chief justice otherwise directs. the jurisdiction of the supreme court may be exercised in different matters at the same time by the several judges of that court sitting apart: provided that its jurisdiction shall, subject to the provisions of the constitution, be ordinarily exercised at all times by not less than three judges of the court sitting together as the supreme court. the chief justice mayof his own motion; or at the request of two or more judges hearing any matter; or on the application of a party to any appeal, proceeding or matter if the question involved is in the opinion of the chief justice one of general and public importance, direct that such appeal, proceeding or matter be heard by a bench comprising five or more judges of the supreme court. the judgment of the supreme court shall, when it is not an unanimous decision, be the decision of the majority. 133. appointment of ad hoc judges if at any time there should not be a quorum of the judges of the supreme court available to hold or continue any sittings of the court, the chief justice may with the previous consent of the president request in writing the attendance at the sittings of the court as an ad hoc judge, for such period as may be necessary, of the president of the court of appeal or any judge of the court of appeal. it shall be the duty of such a judge who had been so requested, in priority to other duties of his office, to attend the sittings of the supreme court at the time and for the period for which his attendance is required, and while so attending he shall have all the jurisdictions, powers and privileges, and shall perform the duties, of a judge of the supreme court: 134. right to be heard by the supreme court the attorney-general shall be noticed and have the right to be heard in all proceedings in the supreme court in the exercise of its jurisdiction under articles 120, 121, 125, 126, 129 (1) and 131. any party to any proceedings in the supreme court in the exercise of its jurisdiction shall have the right to be heard in such proceedings either in person or by representation by an attorney-at-law. the supreme court may in its discretion grant to any other person or his legal representative such hearing as may appear to the court to be necessary in the exercise of its jurisdiction under this chapter. 135. registry of the supreme court and office of registrar the registry of the supreme court shall be in charge of an officer designated the registrar of the supreme court who shall be subject to the supervision, direction and control of the chief justice. 136. rules of the supreme court subject to the provisions of the constitution and of any law the chief justice with any three judges of the supreme court nominated by him, may, from time to time, make rules regulating generally the practice and procedure of the court including – rules as to the procedure for hearing appeals and other matters pertaining to appeals including the terms under which appeals to the supreme court and the court of appeal are to be entertained and provision for the dismissal of such appeals for non-compliance with such rules; rules as to the proceedings in the supreme court and court of appeal in the exercise of the several jurisdictions conferred on such courts by the constitution or by any law, including the time within which such matters may be instituted or brought before such courts and the dismissal of such matters for non-compliance with such rules; rules as to the granting of bail; rules as to the stay of proceedings; rules providing for the summary determination of any appeal or any other matter before such court by petition or otherwise, which appears to the court to be frivolous and vexatious or brought for the purpose of delay; the preparation of copies of records for the purpose of appeal or other proceedings in the supreme court and court of appeal; the admission, enrolment, suspension and removal of attorneys-at-law and the rules of conduct and etiquette for such attorneys-at-law; the attire of judges, attorneys-at-law, officers of court and persons attending the courts in sri lanka whether established by the constitution, or by parliament or by existing law; the manner in which panels of jurors may be prepared, and the mode of summoning, empanelling and challenging of jurors; proceedings of fiscals and other ministerial officers of such courts and the process of such courts and the mode of executing the same; the binding effect of the decisions of the supreme court; all matters of practice and procedure including the nature and extent of costs that may be awarded, the manner in which such costs may be taxed and the stamping of documents in the supreme court, court of appeal, high court and courts of first instance not specially provided by or under any law. every rule made under this article shall be published in the gazette and shall come into operation on the date of such publication or on such later date as may be specified in such rule. all rules made under this article shall as soon as convenient after their publication in the gazette be brought before parliament for approval. any such rule which is not so approved shall be deemed to be rescinded as from the date it was not so approved, but without prejudice to anything previously done thereunder. the chief justice and any three judges of the supreme court nominated by him may amend, alter or revoke any such rules of court and such amendment, alteration or revocation of the rules will operate in the like manner as set out in the preceding paragraph with reference to the making of the rules of court. the court of appeal 137. the court of appeal the court of appeal shall consist of the president of the court of appeal and not less than six and not more than eleven other judges who shall be appointed as provided in article 107. 138. jurisdiction of the court of appeal the court of appeal shall have and exercise subject to the provisions of the constitution or of any law, an appellate jurisdiction for the correction of all errors in fact or in law which shall be committed by the high court, in the exercise of its appellate or original jurisdiction or by any court of first instance, tribunal or other institution and sole and exclusive cognizance, by way of appeal, revision and restitutio in integrum, of all causes, suits, actions, prosecutions, matters and things of which such high court, court of first instance tribunal or other institution may have taken cognizance: provided that no judgment, decree or order of any court shall be reversed or varied on account of any error, defect or irregularity, which has not prejudiced the substantial rights of the parties or occasioned a failure of justice. the court of appeal shall also have and exercise all such powers, and jurisdiction, appellate and original, as parliament may by law vest or ordain. 139. powers in appeal the court of appeal may in the exercise of its jurisdiction, affirm, reverse, correct or modify any order, judgment, decree or sentence according to law or it may give directions to such court of first instance, tribunal or other institution or order a new trial or further hearing upon such terms as the court of appeal shall think fit. the court of appeal may further receive and admit new evidence additional to, or supplementary of, the evidence already taken in the court of first instance touching the matters at issue in any original case, suit, prosecution or action, as the justice of the case may require. 140. power to issue writs, other than writs of habeas corpus subject to the provisions of the constitution, the court of appeal shall have full power and authority to inspect and examine the records of any court of first instance or tribunal or other institution, and grant and issue, according to law, orders in the nature of writs of certiorari, prohibition, procedendo, mandamus and quo warranto against the judge of any court of first instance or tribunal or other institution or any other person: provided that parliament may by law provide that in any such category of cases as may be specified in such law, the jurisdiction conferred on the court of appeal by the preceding provisions of this article shall be exercised by the supreme court and not by the court of appeal. 141. power to issue writs of habeas corpus the court of appeal may grant and issue orders in the nature of writs of habeas corpus to bring up before such courtthe body of any person to be dealt with according to law; or the body of any person illegally or improperly detained in public or private custody, and to discharge or remand any person so brought up or otherwise deal with such person according to law: provided that it shall be lawful for the court of appeal to require the body of such person to be brought up before the most convenient court of first instance and to direct the judge of such court to inquire into and report upon the acts of the alleged imprisonment or detention and to make such provision for the interim custody of the body produced as to such court shall seem right; and the court of appeal shall upon the receipt of such report, make order to discharge or remand the person so alleged to be imprisoned or detained or otherwise deal with such person according to law, and the court of first instance shall conform to, and carry into immediate effect, the order so pronounced or made by the court of appeal: provided further that if provision be made by law for the exercise by any court, of jurisdiction in respect of the custody and control of minor children, then the court of appeal, if satisfied that any dispute regarding the custody of any such minor child may more properly be dealt with by such court, direct the parties to make application in that court in respect of the custody of such minor child. 142. power to bring up and remove prisoners the court of appeal may directthat a prisoner detained in any prison be brought before a court-martial of any commissioners acting under the authority of any commission from the president of the republic for trial or to be examined relating to any matters pending before any such court-martial or commissioners respectively; or that a prisoner detained in prison be removed from one custody to another for purposes of trial. 143. power to grant injunctions the court of appeal shall have the power to grant and issue injunctions to prevent any irremediable mischief which might ensure before a party making an application for such injunction could prevent the same by bringing an action in any court of first instance: provided that it shall not be lawful for the court of appeal to grant an injunction to prevent a party to any action in any court from appealing to or prosecuting an appeal to the court of appeal or to prevent any party to any action in any court from insisting upon any ground of action, defence or appeal, or to prevent any person from suing or prosecuting in any court, except where such person has instituted two separate actions in two different courts for and in respect of the same cause of action, in which case the court of appeal shall have the power to intervene by restraining him from prosecuting one or other of such actions as to it may seem fit. 144. parliamentary election petitions the court of appeal shall have and exercise jurisdiction to try election petitions in respect of the election to the membership of parliament in terms of any law for the time being applicable in that behalf. 145. inspection of records the court of appeal may, ex mero motu or on any application made, call for, inspect and examine any record of any court of first instance and in the exercise of its revisionary powers may make any order thereon as the interests of justice may require. 146. sittings of the court of appeal the court of appeal shall ordinarily exercise its jurisdiction at colombo: provided however that the chief justice may from time to time when he deems it so expedient direct that the court of appeal shall hold its sittings and exercise its jurisdiction in any judicial zone or district, specified in the direction. the jurisdiction of the court of appeal may be exercised in different matters at the same time by the several judges of the court sitting apart: provided that – its jurisdiction in respect ofjudgments and orders of the high court pronounced at a trial at bar, shall be exercised by at least three judges of the court; and other judgments and orders of the high court, shall be exercised by at least two judges of the court; its jurisdiction in respect of its powers under article 144 shall be exercised by the president of the court of appeal or any judge of that court nominated by the president or one or more of such judges nominated by the president of whom such president may be one; its jurisdiction in respect of other matters, shall be exercised by a single judge of the court, unless the president of the court of appeal by general or special order otherwise directs. in the event of any difference of opinion between two judges constituting the bench, the decision of the court shall be suspended until three judges shall be present to review such matter. the judgment of the court of appeal, shall when it is not an unanimous decision, be the decision of the majority. 147. registry of the court of appeal and office of registrar the registry of the court of appeal shall be in charge of an officer designated as the registrar of the court of appeal who shall be subject to the supervision, direction and control of the president of the court of appeal. chapter xvii. finance 148. control of parliament over public finance parliament shall have full control over public finance. no tax, rate or any other levy shall be imposed by any local authority or any other public authority, except by or under the authority of a law passed by parliament or of any existing law. 149. consolidated fund the funds of the republic not allocated by law to specific purposes shall form one consolidated fund into which shall be paid the produce of all taxes, imposts, rates and duties and all other revenues and receipts of the republic not allocated to specific purposes. the interest on the public debt, sinking fund payments, the costs, charges and expenses incidental to the collection, management and receipt of the consolidated fund and such other expenditure as parliament may determine shall be charged on the consolidated fund. 150. withdrawals of sums from consolidated fund save as otherwise expressly provided in paragraphs (3) and (4) of this article, no sum shall be withdrawn from the consolidated fund except under the authority of a warrant under the hand of the minister in charge of the subject of finance. no such warrant shall be issued unless the sum has by resolution of parliament or by any law been granted for specified public services for the financial year during which the withdrawal is to take place or is otherwise lawfully, charged on the consolidated fund. where the president dissolves parliament before the appropriation bill for the financial year has passed into law, he may, unless parliament shall have already made provision, authorize the issue from the consolidated fund and the expenditure of such sums as he may consider necessary for the public services until the expiry of a period of three months from the date on which the new parliament is summoned to meet. where the president dissolves parliament and fixes a date or dates for a general election the president may, unless parliament has already made provision in that behalf, authorize the issue from the consolidated fund and the expenditure of such sums as he may, after consultation with the commissioner of elections, consider necessary for such elections. 151. contingencies fund notwithstanding any of the provisions of article 149, parliament may by law create a contingencies fund for the purpose of providing for urgent and unforeseen expenditure. the minister in charge of the subject of finance, if satisfied – that there is need for any such expenditure, and that no provision for such expenditure exists, may, with the consent of the president, authorize provision to be made therefor by an advance from the contingencies fund. as soon as possible after every such advance, a supplementary estimate shall be presented to parliament for the purpose of replacing the amount so advanced. 152. special provisions as to bill affecting public revenue no bill or motion, authorizing the disposal of, or the imposition of charges upon, the consolidated fund or other funds of the republic, or the imposition of any tax or the repeal, augmentation or reduction of any tax for the time being in force shall be introduced in parliament except by a minister, and unless such bill or motion has been approved either by the cabinet of ministers or in such manner as the cabinet of ministers may authorize. 153. auditor-general there shall be an auditor-general who shall be a qualified auditor, and subject to the approval of the constitutional council, be appointed by the president and shall hold office during good behaviour. the salary of the auditor-general shall be determined by parliament, shall be charged on the consolidated fund and shall not be diminished during his term of office. the office of the auditor-general shall become vacant – upon his death; on his resignation in writing addressed to the president; on his attaining the age of sixty years; on his removal by the president on account of ill health or physical or mental infirmity; or on his removal by the president upon an address of parliament. whenever the auditor-general is unable to discharge functions of his office, the president may, subject to the approval of the constitutional council, appoint a person to act in the place of the auditor-general. 153a. constitution of the audit service commission there shall be an audit service commission (in this chapter referred to as “commission”), which shall consist of the auditor-general who shall be the chairman of the commission, and the following members appointed by the president on the recommendation of the constitutional council:two retired officers of the auditor-general’s department, who have held office as a deputy auditor-general or above; a retired judge of the supreme court, court of appeal or the high court of sri lanka; and a retired class i officer of the sri lanka administrative service. 2 a person appointed as a member of the commission shall hold office for three years, unless he,– earlier resigns from his office, by letter addressed to the president; is removed from office as hereinafter provided; or becomes a member of parliament or a member of a provincial council or any local authority. a person appointed as a member of the commission shall be eligible to be appointed for a further term of office, on the recommendation of the constitutional council. the president may for cause assigned and with the approval of the constitutional council, remove from office any person appointed as a member of the commission under paragraph (1). the chairman and the members of the commission shall be paid such allowances as are determined by parliament. such allowances shall be charged on the consolidated fund and shall not be diminished during the term of office of the chairman or members. the chairman and the members of the commission shall be deemed to be public servants within the meaning and for the purposes of chapter ix of the penal code. there shall be a secretary to the commission who shall be appointed by the commission. 153b. meeting of the commission the quorum for any meeting of the commission shall be three members of the commission. parliament shall, subject to paragraph (1), provide by law for meetings of the commission, the establishment of the sri lanka state audit service and such other matters connected with and incidental thereto. 153c. powers and functions of the commission the power of appointment, promotion, transfer, disciplinary control and dismissal of the members belonging to the sri lanka state audit service, shall be vested in the commission. the commission shall also exercise, perform and discharge the following powers, duties and functions:make rules pertaining to schemes of recruitment, the appointment, transfer, disciplinary control and dismissal of the members belonging to the sri lanka state audit service, subject to any policy determined by the cabinet of ministers pertaining to the same; prepare annual estimates of the national audit office established by law; and exercise, perform and discharge such other powers, duties and functions as may be provided for by law. the commission shall cause the rules made under paragraph (2) to be published in the gazette. every such rule shall come into operation on the date of such publication or on such later date as may be specified in such rules. every such rule shall, within three months of such publication in the gazette be brought before parliament for approval. any rule which is not so approved shall be deemed to be rescinded as from the date of such disapproval, but without prejudice to anything previously done thereunder. 153d. influencing or attempting to influence decision of the commission or any officer of the sri lanka state audit service, to be an offence a person who otherwise than in the course of his duty, directly or indirectly, by himself or through any other person, in any manner whatsoever, influences or attempts to influence any decision of the commission, any member thereof or any officer of the sri lanka state audit service, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred thousand rupees or to imprisonment for a term not exceeding three years or to both such fine and imprisonment. every high court established under article 154p of the constitution shall have jurisdiction to hear and determine any matter referred to in paragraph (1). 153e. immunity from legal proceedings subject to the jurisdiction conferred on the supreme court under article 126 and to the powers granted to the administrative appeals tribunal under article 153g, no court or tribunal shall have the power or jurisdiction to inquire into, pronounce upon or in any manner whatsoever call in question any order or decision made by the commission, in pursuance of any function assigned on such commission under this chapter or under any law. 153f. costs and expenses the costs and expenses of the commission shall be a charge on the consolidated fund. 153g. appeals to the administrative appeals tribunal any officer of the sri lanka state audit service who is aggrieved by any order relating to the appointment, promotion or transfer of such officer or any order on a disciplinary matter or dismissal made by the commission, in respect of such officer, may appeal therefrom to the administrative appeals tribunal established under article 59, which shall have the power to alter, vary, rescind or confirm any order or decision made by the commission. 153h. commission to be answerable to parliament the commission shall be responsible and answerable to parliament in accordance with the provisions of the standing orders of parliament for the discharge of its functions and shall forward to parliament in each calendar year a report of its activities in such year. 154. duties and functions of auditor-general the auditor-general shall audit all departments of the government, the office of the secretary to the president, the office of the secretary to the prime minister, the offices of the cabinet of ministers, the judicial services commission, the constitutional council, the commissions referred to in the schedule to article 41b, the parliamentary commissioner for administration, the secretary-general of parliament, local authorities, public corporations, business and other undertakings vested in the government under any written law and companies registered or deemed to be registered under the companies act, no. 7 of 2007 in which the government or a public corporation or local authority holds fifty per centum or more of the shares of that company including the accounts thereof. notwithstanding the provisions of paragraph (1) of this article, the minister in charge of any such public corporation, business or other undertaking or a company referred to in paragraph (1) may, with the concurrence of the minister in charge of the subject of finance and in consultation with the auditor-general, appoint a qualified auditor or auditors to audit the accounts of such public corporation, business or other undertaking or a company referred to in paragraph (1). where such appointment has been made by the minister, the auditor-general may, in writing, inform such auditor or auditors that he proposes to utilize his or their services for the performance and discharge of the auditor-general’s duties and functions in relation to such public corporation, business or other undertaking or a company referred to in paragraph (1) and thereupon such auditor or auditors shall act under the direction and control of the auditor-general. the auditor-general shall also perform and discharge such duties and functions as may be prescribed by parliament by law. 4 the auditor-general may for the purpose of the performance and discharge of his duties and functions engage the services of a qualified auditor or auditors who shall act under his direction and control. if the auditor-general is of opinion that it is necessary to obtain assistance in the examination of any technical, professional or scientific problem relevant to the audit, he may engage the services of – a person not being an employee of the department, body or authority the accounts of which are being audited, or any technical or professional or scientific institution not being an institution which has any interest in the management of the affairs of such department, body or authority. and such person or institution shall act under his discretion and control. 5 the auditor-general or any person authorized by him shall in the performance and discharge of his duties and functions be entitled – to have access to all books, records, returns and other documents; to have access to stores and other property; and to be furnished with such information and explanations as may be necessary for the performance of such duties and functions. every qualified auditor appointed to audit the accounts of any public corporation, business or other undertaking or a company referred to in paragraph (1), or any person authorized by such auditor shall be entitled to like access, information and explanations in relation to such public corporation, or business or other undertaking. the auditor-general shall within ten months after the close of each financial year and as and when he deems it necessary report to parliament on the performance and, discharge of his duties and functions under the constitution. every qualified auditor appointed under the provisions of paragraph (2) of this article shall submit his report to the minister and also submit a copy thereof to the auditor-general. in this article, “qualified auditor” means – an individual who, being a member of the institute of chartered accountants of sri lanka, or of any other institute established by law, possesses a certificate to practice as an accountant issued by the council of such institute; or a firm of accountants each of the resident partners of which, being a member of the institute of chartered accountants of sri lanka or of any other institute established by law, possesses a certificate to practise as an accountant issued by the council of such institute. the provisions of sub-paragraph (a) of paragraph (8) shall apply to the auditor-general appointed under article 153(1). chapter xviia 154a. establishment of provincial councils subject to the provisions of the constitution, a provincial council shall be established for every province specified in the eighth schedule with effect from such date or dates as the president may appoint by order published in the gazette. different dates may be appointed in respect of different provinces. every provincial council established under paragraph (1) shall be constituted upon the election of the members of such council in accordance with the law relating to provincial council elections. notwithstanding anything in the preceding provisions of this article, parliament may by, or under, any law provide for two or three adjoining provinces to form one administrative unit with one elected provincial council, one governor, one chief minister and one board of ministers and for the manner of determining whether such provinces should continue to be administered as one administrative unit or whether each such province should constitute a separate administrative unit with its own provincial council, and a separate governor, chief minister and board of ministers. 154b. governor there shall be a governor for each province for which a provincial council has been established in accordance with article 154a. the governor shall be appointed by the president by warrant under his hand and shall hold office, in accordance with article 4(b), during the pleasure of the president. the governor may, by writing addressed to the president, resign his office. 4 the provincial council may, subject to sub-paragraph (b), present an address to the president advising the removal of the governor on the ground that the governor – has intentionally violated the provisions of the constitution; is guilty of misconduct or corruption involving the abuse of the powers of his office; or is guilty of bribery or an offence involving moral turpitude, if a resolution for the presentation of such address is passed by not less than two-thirds of the whole number of members of the council (including those not present). no resolution for the presentation of an address to the president advising the removal of the governor on the grounds referred to in subparagraph (a) shall be entertained by the chairman of the provincial council or discussed at the council, unless notice of such resolution is signed by not less than one-half of the whole number of members present. subject to the preceding provisions of this article, the governor shall hold office for a period of five years from the date he assumes office. every person appointed as governor shall assume office upon taking or subscribing, the oath or making or subscribing the affirmation, set out in the fourth schedule, before the president. upon such assumption of office a governor shall cease to hold any other office created or recognized by the constitution, and if he is a member of parliament, shall vacate his seat in parliament. the governor shall not hold any other office or place of profit. 8 the governor may, from time to time, summon the provincial council to meet at such time and place as he thinks fit, but two months shall not intervene between the last sitting in one session and the date appointed for the first sitting in the next session. the governor may, from time to time, prorogue the provincial council. the governor may dissolve the provincial council. the governor shall exercise his powers under this paragraph in accordance with the advice of the chief minister, so long as the board of ministers commands, in the opinion of the governor, the support of the majority of the provincial council. without prejudice to the powers of the president under article 34 and subject to his directions the governor of a province shall have the power to grant a pardon to every person convicted of an offence against a statute made by the provincial council of that province or a law made by parliament on a matter in respect of which the provincial council has power to make statutes and to grant a respite or remission of punishment imposed by court on any such person: provided that where the governor does not agree with the advice of the board of ministers in any case and he considers it necessary to do so in the public interest, he may refer that case to the president for orders. 10 the governor may address the provincial council and may for that purpose require the attendance of members. the governor may also send messages to the council either with respect to a statute then pending with the council, or otherwise and when a message is so sent the council shall with all convenient despatch consider any matter required by the message to be taken into consideration. it shall be the duty of the chief minister of every province – to communicate to the governor of the province all decisions of the board of ministers relating to the administration of the affairs of the province and the proposals for legislation; to furnish such information relating to the administration of the affairs of the province and proposals for legislation as the governor may call for; and if the governor so requires, to submit for consideration of the board of ministers any matter on which a decision has been taken by a minister but which has not been considered by the board. parliament shall by law or resolution make provision for the salary, allowances, age of retirement and pension entitlement of holders of the office of governor. 154c. exercise of executive powers by the governor executive power extending to the matters with respect to which a provincial council has power to make statutes shall be exercised by the governor of the province for which that provincial council is established, either directly or through ministers of the board of ministers, or through officers subordinate to him, in accordance with article 154f. 154d. membership of provincial council a provincial council shall consist of such number of members as may be determined by or under law, having regard to the area and population of the province for which that provincial council is established. 2 a provincial council may at the commencement of the term of office of its members, decide, by resolution, to grant members of parliament elected for electoral districts, the limits of which fall within the province for which that provincial council is established, the right to participate in proceedings of that council. so long as a resolution passed under sub-paragraph (a) is in force, a member of parliament elected for an electoral district, the limits of which fall within the province for which that provincial council is established, shall have the right, during the term of office of that council, to speak in and otherwise take part in, the proceedings of the provincial council and to speak in and otherwise take part in, any committee of the provincial council of which he may be named a member but shall be entitled to vote thereat only if the resolution passed under sub-paragraph (a) so provides. the provisions of this paragraph shall cease to operate on the date of dissolution of the first parliament. 154e. term of office a provincial council shall, unless sooner dissolved, continue for a period of five years from the date appointed for its first meeting and the expiration of the said period of five years shall operate as a dissolution of the council. 154f. board of ministers there shall be a board of ministers with the chief minister at the head and not more than four other ministers to aid and advise the governor of a province in the exercise of his functions. the governor shall, in the exercise of his functions, act in accordance with such advice, except in so far as he is by or under the constitution required to exercise his functions or any of them in his discretion. if any question arises whether any matter is or is not a matter as respects which the governor is by or under this constitution required to act in his discretion, the decision of the governor in his discretion shall be final and the validity of anything done by the governor shall not be called in question in any court on the ground that he ought or ought not have acted on his discretion. the exercise of the governor’s discretion shall be on the president’s directions. the question whether any, and if so what, advice was tendered by the ministers to the governor shall not be, inquired into in any court. the governor shall appoint as chief minister, the member of the provincial council constituted for that province, who, in his opinion, is best able to command the support of a majority of the members of that council: provided that where more than one-half of the members elected to a provincial council are members of one political party, the governor shall appoint the leader of that political party in the council, as chief minister. the governor shall, on the advice of the chief minister, appoint from among the members of the provincial council constituted for that province, the other ministers. the board of ministers shall be collectively responsible and answerable to the provincial council. a person appointed to the office of chief minister or member of the board of ministers shall not enter upon the duties of his office until he takes and subscribes the oath, or makes and subscribes the affirmation, set out in the fourth schedule. 154g. statues of provincial councils every provincial council may, subject to the provisions of the constitution, make statutes applicable to the province for which it is established, with respect to any matter set out in list i of the ninth schedule (hereinafter referred to as “the provincial council list”). no bill for the amendment or repeal of the provisions of this chapter or the ninth schedule shall become law unless such bill has been referred by the president, after its publication in the gazette and before it is placed on the order paper of parliament, to every provincial council for the expression of its views thereon, within such period as may be specified in the reference, and – where every such council agrees to the amendment or repeal, such bill is passed by a majority of the members of parliament present and voting; or where one or more councils do not agree to the amendment or repeal such bill is passed by the special majority required by article 82. no bill in respect of any matter set out in the provincial council list shall become law unless such bill has been referred by the president, after its publication in the gazette and before it is placed on the order paper of parliament, to every provincial council for the expression of its views thereon, within such period as may be specified in the reference, and – where every such council agrees to the passing of the bill, such bill is passed by a majority of the members of parliament present and voting; or where one or more councils do not agree to the passing of the bill, such bill is passed by the special majority required by article 82: provided that where on such reference, some but not all the provincial councils agree to the passing of a bill, such bill shall become law applicable only to the provinces for which the provincial councils agreeing to the bill have been established, upon such bill being passed by a majority of the members of parliament present and voting. where one or more provincial councils request parliament, by resolution, to make law on any matter set out in the provincial council list, parliament may make law on that matter, applicable only to the provinces for which those provincial councils are established, by a majority of members of parliament present and voting. 5 parliament may make laws with respect to any matter set out in list iii of the ninth schedule (hereinafter referred to as “the concurrent list”) after such consultation with all provincial councils as parliament may consider appropriate in the circumstances of each case. every provincial council may, subject to the provisions of the constitution, make statutes applicable to the province for which it is established, with respect to any matter on the concurrent list, after such consultation with parliament as it may consider appropriate in the circumstances of each case. if any provision of any statute made by a provincial council is inconsistent with the provisions of any law made in accordance with the preceding provisions of this article, the provisions of such law shall prevail and the provisions of such statute shall, to the extent of such inconsistency, be void. a provincial council shall have no power to make statutes on any matter set out in list ii of the ninth schedule (hereinafter referred to as “the reserved list”). where there is a law with respect to any matter on the provincial council list in force on the date on which this chapter comes into force and a provincial council established for a province subsequently makes a statute on the same matter and which is described in its long title as being inconsistent with that law, then, the provisions of the law shall, with effect from the date on which that statute receives assent and so long only as that statute is in force, remain suspended and be inoperative within that province. where there is a law with respect to a matter on the concurrent list on the date on which this chapter comes into force and a provincial council established for a province subsequently makes a statute on the same matter inconsistent with that law, the provisions of that law shall, unless parliament, by resolution, decides to the contrary, remain suspended and be inoperative within that province, with effect from the date on which that statute receives assent and so long only as that statute is in force. nothing in this article shall be read or construed as derogating from the powers conferred on parliament by the constitution to make laws, in accordance with the provisions of the constitution (inclusive of this chapter), with respect to any matter, for the whole of sri lanka or any part thereof. notwithstanding anything in paragraph (3) of this article, parliament may make laws, otherwise than in accordance with the procedure set out in that paragraph, in respect of any matter set out in the provincial council list for implementing any treaty, agreement or convention with any other country or countries or any decisions made at an international conference, association, or other body. 154h. assent every statute made by a provincial council shall come into force upon such statute receiving assent as hereinafter provided. every statute made by a provincial council shall be presented to the governor for his assent, forthwith upon the making thereof and the governor shall either assent to the statute or he may as soon as possible after the statute is presented to him for assent return it to the provincial council together with a message requesting the council to reconsider the statute or any specified provision thereof and in particular, requesting it to consider the desirability of introducing such amendments as may be recommended in the message. where a statute is returned to a provincial council by the governor under paragraph (2), the provincial council shall reconsider the statute having regard to the governor’s message and may pass such statute with or without amendment and present it to the governor for his assent. upon presentation of a statute to the governor under paragraph (3), the governor may assent to the statute or reserve it for reference by the president to the supreme court, within one month of the passing of the statute for the second time, for a determination that it is not inconsistent with the provisions of the constitution. where upon such reference, the supreme court determines that the statute is consistent with the provisions of the constitution, the governor shall, on receipt by him of the court’s determination, assent to the statute. where upon such reference, the supreme court determines that the statute is inconsistent with the provisions of the constitution, the governor shall withhold assent to the statute. 154j. public security upon the making of a proclamation under the public security ordinance or the law for the time being in force relating to public security, bringing the provisions of such ordinance or law into operation on the ground that the maintenance of essential supplies and services is, threatened or that the security of sri lanka is threatened by war or external aggression or armed rebellion, the president may give directions to any governor as to the manner in which the executive power exercisable by the governor is to be exercised. the directions so given shall be in relation to the grounds specified in such proclamation for the making thereof. explanation: a proclamation under the public security ordinance declaring that the maintenance of essential supplies and services is threatened or that the security of sri lanka or any part of the territory thereof is threatened by war, or by external aggression, or by armed rebellion may be made before the actual breakdown of supplies and services, or the actual occurrence of war, or of any such aggression or rebellion, if the president is satisfied that there is imminent danger thereof: provided that where such proclamation is in operation only in any part of sri lanka, the power of the president to give directions under this article, shall also extend to any province other than the province in which the proclamation is in operation if, and insofar as it is expedient so to do for ensuring the maintenance of essential supplies and services or the security of sri lanka. a proclamation under the public security ordinance or the law for the time being relating to public security, shall be conclusive for all purposes and shall not be questioned in any court, and no court or tribunal shall inquire into, or pronounce on, or in any manner call in question, such proclamation, the grounds for the making thereof, or the existence of those grounds or any direction given under this article. 154k. failure to comply with directions where the governor or any provincial council has failed to comply with, or give effect to any directions given to such governor or such council under this chapter of the constitution, it shall be lawful for the president to hold that a situation has arisen in which the administration of the province cannot carried on in accordance with the provisions of the constitution. 154l. failure of administrative machinery if the president, on receipt of a report from the governor of the province or otherwise, is satisfied that a situation has arisen in which the administration of the province cannot be carried on in accordance with the provisions of the constitution, the president may by proclamation – assume to himself all or any of the functions of the administration of the province and all or any of the powers vested in, or exercisable by, the governor or anybody or authority in the province other than the provincial council; declare that the powers of the provincial council shall be exercisable by, or under the authority of parliament; make such incidental and consequential provisions as appear to the president to be necessary or desirable for giving effect to the objects of the proclamation: provided that nothing in this paragraph shall authorize the president to assume to himself any of the powers vested in, or exercisable, by any court. any such proclamation may be revoked or varied by a subsequent proclamation. every proclamation under this article shall be laid before parliament and shall, except where it is a proclamation revoking a previous proclamation, cease to operate at the expiration of fourteen days unless before expiration of that period it has been approved by a resolution of parliament: provided that if any such proclamation (not being a proclamation revoking a previous proclamation) is issued at a time when parliament is dissolved or the dissolution of parliament takes place during the period of fourteen days referred to in this paragraph but no resolution with respect to such proclamation has been passed by parliament before the expiration of that period, the proclamation shall cease to operate at the expiration of fourteen days from the date on which parliament first sits after its reconstitution, unless before the expiration of the said period of fourteen days a resolution approving the proclamation has been passed by parliament. a proclamation so approved shall, unless earlier revoked, cease to operate on the expiration of a period of two months from the date of issue of the proclamation: provided that if and so often as a resolution approving the continuance in force of such a proclamation is passed by parliament, the proclamation shall, unless revoked continue in force for a further period of two months from the date on which under this paragraph is, would otherwise have ceased to operate, but no such proclamation shall in any case remain in force for more than one year: provided further that if the dissolution of parliament takes place during any such period of two months but no resolution with respect to the continuance in force of such proclamation has been passed by parliament during the said period, the proclamation shall cease to operate at the expiration of fourteen days from the date on which parliament first sits after its reconstitution unless before the expiration of the said period of fourteen days a proclamation approving the continuance in force of the proclamation has been passed by parliament. notwithstanding anything in this article, the president may within fourteen days of his making a proclamation under paragraph (1) and for the purpose of satisfying himself with regard to any of the matters referred to in that paragraph, appoint a retired judge of the supreme court to inquire into and report upon such matters within a period of sixty days. a judge so appointed shall in relation to such inquiry have the powers of a commissioner appointed under the commissions of inquiry act. upon receipt of the report of such judge, the president may revoke the proclamation made under paragraph (1). a proclamation under this article shall be conclusive for all purposes and shall not be questioned in any court, and no court or tribunal shall inquire into, or pronounce on, or in any manner call in question, such proclamation or the grounds for making thereof. 154m. parliament to confer powers of provincial council to president where by a proclamation issued under paragraph (1) of article 154l, it has been declared that the powers of the provincial council shall be exercisable by or under the authority, of parliament, it shall be competent – for parliament to confer on the president, the power of the provincial council to make statutes and to authorize the president to delegate, subject to such conditions as he may think fit to impose, the power so conferred, on any other authority specified by him in that behalf; for the president to authorize, when parliament is not in session, expenditure from the provincial fund of the province pending sanction of such expenditure by parliament. a statute made by parliament or the president or other authority referred to in sub-paragraph (a) of paragraph (1), during the continuance in force of a proclamation issued under paragraph (1) of article 154l, shall continue in force until amended or repealed by the provincial council. 154n. financial instability if the president is satisfied that a situation has arisen whereby the financial stability or credit of sri lanka or of any part of the territory thereof is threatened, he may by proclamation make a declaration to that effect. a proclamation issued under paragraph (1) – may be revoked or varied by a subsequent proclamation; shall be laid before parliament; shall cease to operate at the expiration of two months, unless before the expiration of that period it has been approved by a resolution of parliament: provided that if any such proclamation is issued at a time when parliament has been dissolved or the dissolution of parliament takes place during the period of two months referred to in sub-paragraph (c), but no resolution with respect to such proclamation has been passed by parliament before the expiration of that period, the proclamation shall cease to operate at the expiration of thirty days from the date on which parliament first sits after its reconstitution, unless before the expiration of the said period of thirty days a resolution approving the proclamation has been passed by parliament. during the period and such proclamation as is mentioned in paragraph (1) is in operation, the president may give directions to any governor of a province to observe such canons of financial propriety as may be specified in the directions, and to give such other directions as the president may deem necessary and adequate for the purpose. notwithstanding anything in the constitution any such direction may include – a provision requiring the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of the province; a provision requiring all statutes providing for payments into or out of, a provincial fund to be reserved for the consideration of the president after they are passed by the provincial council. 154p. high court there shall be a high court for each province with effect from the date on which this chapter comes into force. each such high court shall be designated as the high court of the relevant province. the chief justice shall nominate, from among judges of the high court of sri lanka, such number of judges as may be necessary to each such high court. every such judge shall be transferable by the chief justice. every such high court shall – exercise according to law, the original criminal jurisdiction of the high court of sri lanka in respect of offences committed within the province; notwithstanding anything in article 138 and subject to any law, exercise, appellate and revisionary jurisdiction in respect of convictions, sentences and orders entered or imposed by magistrates courts and primary courts within the province; exercise such other jurisdiction and powers as parliament may, by law, provide. every such high court shall have jurisdiction to issue, according to law – orders in the nature of habeas corpus, in respect of persons illegally detained within the province; and order in the nature of writs of certiorari, prohibition, procedendo, mandamus and quo warranto against any person exercising, within the province, any power under – any law; or any statutes made by the provincial council established for that province, in respect of any matter set out in the provincial council list. the judicial service commission may delegate to such high court, the power to inspect and report on, the administration of any court of first instance within the province. subject to the provisions of the constitution and any law, any person aggrieved by a final order, judgment or sentence of any such court, in the exercise of its jurisdiction under paragraphs (3)(b) or (3)(c) or (4) may appeal there from to the court of appeal in accordance with article 138. 154q. functions, powers, election etc. of provincial councils parliament shall by law provide for – the election of members of provincial councils and the qualifications for membership of such councils; the procedure for transaction of business by every such council; the salaries and allowances of members of provincial councils; and any other matter necessary for the purpose of giving effect to the principles of provisions of this chapter, and for any matters connected with or incidental to, the provisions of this chapter. 154r. finance commission there shall be a finance commission consisting of – the governor of the central bank of sri lanka; the secretary to the treasury; and three other members appointed by the president on the recommendation of the constitutional council, to represent the three major communities, each of whom shall be a person who has distinguished himself or held high office, in the field of finance, law, administration, business or learning. every member of the commission shall, unless he earlier dies, resigns or is removed from office, hold office for a period of three years. the government shall, on the recommendation of, and in consultation with, the commission, allocate from the annual budget, such funds as are adequate for the purpose of meeting the needs of the provinces. it shall be the duty of the commission to make recommendations to the president as to – the principles on which such funds as are granted annually by the government for the use of provinces, should be apportioned between the various provinces; and any other matter referred to the commission by the president relating to provincial finance. the commission shall formulate such principles with the objective of achieving balanced regional development in the country, and shall accordingly take into account – the population of each province; the per capita income of each province; the need, progressively, to reduce social and economic disparities; and the need, progressively, to reduce the difference between the per capita income of each province and the highest per capita income among the provinces. the commission shall determine its own procedure and shall have such powers in the performance of its duties as parliament may, by law, confer on it. the president shall cause every recommendation made by the finance commission under this article to be laid before parliament, and shall notify parliament as to the action taken thereon. no court or tribunal shall inquire into, or pronounce on, or in any manner entertain, determine or rule upon, any question relating to the adequacy of such funds, or any recommendation made, or principle formulated by, the commission. 154s. special provision enabling provincial councils not to exercise powers under this chapter a provincial council may, by resolution, decide not to exercise its powers under article 154g with respect to any matter or part thereof set out in the provincial council list or the concurrent list of the ninth schedule. where a resolution has been passed by a provincial council under paragraph (1) and the terms of such resolution have been accepted by parliament, by resolution, the powers of such provincial council under article 154g shall be deemed not to extend to the matter specified in such resolution and parliament may make law, with respect to that matter, applicable to the province for which that provincial council is established, otherwise than in accordance with the provisions of article 154g. 154t. transitional measures the president may by order published in the gazette, take such action, or give such directions, not inconsistent with the provisions of the constitution, as appears to him to be necessary or expedient, for the purpose of giving effect to the provisions of this chapter, or for the administrative changes necessary therefor, or for the purpose of removing any difficulties. chapter xviii. public security 155. public security the public security ordinance as amended and in force immediately prior to the commencement of the constitution shall be deemed to be a law enacted by parliament. the power to make emergency regulations under the public security ordinance or the law for the time being in force relating to public security shall include the power to make regulations having the legal effect of over-riding, amending or suspending the operation of the provisions of any law, except the provisions of the constitution. the provisions of any law relating to public security, empowering the president to make emergency regulations which have the legal effect of over-riding, amending or suspending the operation of the provisions of any law, shall not come into operation, except upon the making of a proclamation under such law, bringing such provisions into operation. nothing in the preceding provisions of this constitution shall be deemed to prohibit the making of emergency regulations, under the public security ordinance or the law for the time being in force relating to public security, with respect to any matter set out in the ninth schedule or having the effect of over-riding amending or suspending the operation of a statute made by a provincial council. upon the making of such a proclamation, the occasion thereof shall, subject to the other provisions of this article, be forthwith communicated to parliament and accordingly – if such proclamation is issued after the dissolution of parliament such proclamation shall operate as a summoning of parliament to meet on the tenth day after such proclamation, unless the proclamation appoints an earlier date for the meeting which shall not be less than three days from the date of the proclamation; and the parliament so summoned shall be kept in session until the expiry or revocation of such or any further proclamation or until the conclusion of the general election whichever event occurs earlier and shall thereupon stand dissolved; if parliament is at the date of the making of such proclamation, separated by any such adjournment or prorogation as will not expire within ten days, a proclamation shall be issued for the meeting of parliament within ten days. where the provisions of any law relating to public security have been brought into operation by the making of a proclamation under such law, such proclamation shall, subject to the succeeding provisions of this article, be in operation for a period of one month from the date of the making thereof, but without prejudice to the earlier revocation of such proclamation or to the making of a further proclamation at or before the end of that period. where such provisions as are referred to in paragraph (3) of this article, of any law relating to public security, have been brought into operation by the making of a proclamation under such law, such proclamation shall expire after a period of fourteen days from the date on which such provisions shall have come into operation, unless such proclamation is approved by a resolution of parliament: provided that if – parliament stands dissolved at the date of the making of such proclamation; or parliament is at such date separated by any such adjournment or prorogation as is referred to in paragraph (4)(ii) of this article; or parliament does not meet when summoned to meet as provided in paragraphs (4)(i) and (4)(ii) of this article, then such proclamation shall expire at the end of ten days after the date on which parliament shall next meet and sit, unless approved by a resolution at such meeting of parliament. upon the revocation of a proclamation referred to in paragraph (6) of this article within a period of fourteen days from the date on which the provisions of any law relating to public security shall have come into operation or upon the expiry of such a proclamation in accordance with the provisions of paragraph (6), no proclamation made within thirty days next ensuring shall come into operation until the making thereof shall have been approved by a resolution of parliament. if parliament does not approve any proclamation bringing such provisions as are referred to in paragraph (3) of this article into operation, such proclamation shall, immediately upon such disapproval, cease to be valid and of any force in law but without prejudice to anything lawfully done thereunder. if the making of a proclamation cannot be communicated to and approved by parliament by reason of the fact that parliament does not meet when summoned, nothing contained in paragraph (6) or (7), of this article, shall affect the validity or operation of such proclamation: provided that in such event, parliament shall again be summoned to meet as early as possible thereafter. chapter xviiia. national police commission 155a. constitution of the national police commission there shall be a national police commission (in this chapter referred to as the “commission”) consisting of seven members appointed by the president on the recommendation of the constitutional council, of whom at least one member shall be a retired police officer who has held office as a deputy inspector-general of police or above. the constitutional council may in making its recommendation, consult the public service commission. the president shall on the recommendation of the constitutional council appoint one member as the chairman. no person shall be appointed as a member of the commission or continue to hold office as such member if he is or becomes a member of parliament, a provincial council or a local authority. every person who immediately before his appointment as a member of the commission, was a public officer in the service of the state or a judicial officer, shall upon such appointment taking effect, cease to hold such office and shall be ineligible for further appointment as a public officer or a judicial officer: provided that any such person shall, until he ceases to be a member of the commission, or while continuing to be a member, attains the age at which he would, if he were a public officer or a judicial officer, as the case may be, be required to retire, be deemed to be a public officer or a judicial officer and to hold a pensionable office in the service of the state, for the purpose of any provision relating to the grant of pensions, gratuities and other allowances in respect of such service. every member of the commission shall hold office for a period of three years from the date of appointment, unless such member becomes subject to any disqualification under paragraph (2) or earlier resigns from office by writing addressed to the president or is removed from office by the president for reasons assigned and with the approval of the constitutional council or is convicted by a court of law of any offence involving moral turpitude or if a resolution for the imposition of civic disability upon such member has been passed in terms of article 81 or is deemed to have vacated his office under paragraph (6) of this article. a member of the commission shall be eligible for reappointment as a member, but shall not be eligible for appointment as a public officer or a judicial officer after the expiry of his term of office as a member. no member shall be eligible to hold office as a member of the commission for more than two terms. in the event of the chairman or a member of the commission absenting himself from three consecutive meetings of the commission without the prior leave of the commission, he shall be deemed to have vacated his office from the date of the third of such meetings and shall not be eligible to be reappointed as a member or as chairman of the commission. the chairman and members of the commission shall be paid such allowances as are determined by parliament. such allowances shall be charged on the consolidated fund and shall not be diminished during the term of office of the chairman or member. the chairman and members of the commission shall be deemed to be public servants within the meaning and for the purposes of chapter ix of the penal code. 155b. meetings of the commission the quorum for a meeting of the commission shall be four members. the chairman shall preside at all meetings of the commission and in his absence a member elected by the members present from amongst the members shall preside at such meeting. decisions of the commission shall be by a majority of members present and voting at the meeting at which the decision is taken and in the event of an equality of votes the chairman or the person presiding shall have a casting vote. the commission shall have power to act notwithstanding any vacancy in its membership, and any act or proceeding or decision of the commission shall not be invalid or deemed to be invalid by reason only of such vacancy or any defect in the appointment of the chairman or member. the inspector-general of police shall be entitled to be present at meetings of the commission, except where any matter relating to him is being considered. he shall have no right to vote at such meetings. 155c. immunity from legal proceedings subject to the jurisdiction conferred on the supreme court under article 126 and the powers granted to the administrative appeals tribunal under article 155l, no court or tribunal shall have the power or jurisdiction to inquire into, or pronounce upon or in any manner call in question any order or decision made by the commission or a committee, in pursuance of any power or duty, conferred or imposed on such commission or committee under this chapter or under any other law. 155d. secretary to the commission there shall be a secretary to the commission and such other officers appointed by the commission on such terms and conditions as may be determined by the commission. 155e. costs and expenses the costs and expenses of the commission shall be a charge on the consolidated fund. 155f. interference with the commission every person who, otherwise than in the course of such person’s lawful duty, directly or indirectly by himself or by or with any other person, in any manner whatsoever influences or attempts to influence or interferes with any decision of the commission or a committee or any police officer to whom the commission has delegated any power under this chapter or to so influence any member of the commission or a committee or any police officer to whom any power has been delegated shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred thousand rupees or to imprisonment for a term not exceeding seven years, or to both such fine and imprisonment. a high court established under article 154p of the constitution shall have jurisdiction to hear and determine any matter referred to in paragraph (1). [repealed]. 155fff. commission to make rules the commission shall from time to time, make rules for such matters which require rules to be made. every such rule shall be published in the gazette. 155g. powers of the commission 1 the appointment, promotion transfer, disciplinary control and dismissal of police officers other than the inspector-general of police, shall be vested in the commission. the commission shall exercise its powers of promotion, transfer, disciplinary control and dismissal in consultation with the inspectorgeneral of police. the commission shall not in the exercise of its powers under this article, derogate from the powers and functions assigned to the provincial police service commissions as and when such commissions are established under chapter xviia of the constitution. the commission shall establish procedures to entertain and investigate public complaints and complaints of any aggrieved person made against a police officer or the police service, and provide redress as provided by law. in the event of the commission providing redress, the commission shall forthwith inform the inspector-general of police. the commission shall, in consultation with the inspector-general of police, provide for and determine all matters regarding police officers, including:the formulation of schemes of recruitment, promotion and transfers, subject to any policy determined by the cabinet of ministers pertaining to the same; training and the improvement of the efficiency and independence of the police service; the nature and type of the arms, ammunition and other equipment necessary for the use of the national division and the provincial divisions; and codes of conduct and disciplinary procedures. the commission shall exercise all such powers and discharge and perform all such functions and duties as are vested in it under appendix i of list i contained in the ninth schedule to the constitution. 155h. delegation of certain powers of the commission to a committee the commission may delegate to a committee of the commission (not consisting of members of the commission) as shall be nominated by the commission, the powers of appointment, promotion, transfer, disciplinary control and dismissal of such categories of police officers as are specified by the commission. the commission shall cause to be published in the gazette, the appointment of any such committee. the procedure and quorum for meetings of a committee nominated under paragraph (1) shall be according to rules made by the commission. the commission shall cause such rules to be published in the gazette. 155j. delegation of certain functions by the commission the commission may, subject to such conditions and procedures as may be prescribed by the commission, delegate to the inspector-general of police or in consultation with the inspector-general of police to any police officer, its powers of appointment, promotion, transfer, disciplinary control and dismissal of any category of police officers. the commission shall cause any such delegation to be published in the gazette. 155k. right of appeal where the commission has delegated under article 155j to any police officer its powers of appointment, promotion, transfer, disciplinary control and dismissal of any category of police officers, the inspector-general of police shall have a right of appeal to the commission against any order made by such police officer in the exercise of his delegated powers. a police officer aggrieved by any order relating to promotion, transfer or any order on a disciplinary matter or dismissal made by the inspector-general of police or a committee or a police officer referred to in article 155h and 155j in respect of such officer may, appeal to the commission against such order in accordance with rules made by the commission from time to time regulating the procedure and the period fixed for the making and hearing of an appeal by the commission. the commission shall have the power to alter, vary, rescind or confirm such order upon an appeal made under paragraph (1) or paragraph (2), or to give directions in relation thereto or to order such further or other inquiry, as to the commission shall deem fit. the commission shall from time to time cause to be published in the gazette, rules made by it under paragraph (2) of this article. upon any delegation of its powers to the inspector-general of police or a committee or police officer under article 155h and 155j, the commission shall not, whilst such delegation is in force, exercise, perform or discharge its powers, duties or functions in respect of the categories of police officers in respect of which such delegation is made, subject to the right of appeal hereinbefore provided. 155l. appeals to administrative appeals tribunal any police officer aggrieved by any order relating to promotion, transfer, or any order on a disciplinary matter or dismissal made by the commission, in respect of such officer, may appeal therefrom to the administrative appeals tribunal established under article 59, which shall have the power to alter, vary, rescind or confirm any order or decision made by the commission. 155m. saving of existing rules and regulation until the commission otherwise provides, all rules, regulations and procedures relating to the police force as are in force on the date of the coming into operation of this article, shall continue to be operative and in force. 155n. commission answerable to parliament the commission shall be responsible and answerable to parliament in accordance with the provisions of the standing orders of parliament for the exercise, performance and discharge of its powers, duties and functions and shall forward to parliament in each calendar year a report of its activities in such year. chapter xix. the parliamentary commissioner for administration 156. parliamentary commissioner for administration parliament shall by law provide for the establishment of the office of the parliamentary commissioner for administration (ombudsman) charged with the duty of investigating and reporting upon complaints or allegations of the infringement of fundamental rights and other injustices by public officers and officers of public corporations, local authorities and other like institutions, in accordance with and subject to the provisions of such law. the parliamentary commissioner for administration (ombudsman) shall, subject to the approval of the constitutional council, be appointed by the president and shall hold office during good behaviour. the salary of the parliamentary commissioner for administration shall be determined by parliament and shall not be diminished during his term of office. the office of the parliamentary commissioner for administration shall become vacant – upon his death; on his resignation in writing addressed to the president; on his attaining the age fixed by law; on his removal by the president on account of ill health or physical or mental infirmity; or on his removal by the president on an address of parliament. whenever the parliamentary commissioner for administration is unable to perform or discharge the duties and functions of his office, the president shall, subject to the approval of the constitutional council, appoint a person to act in his place. chapter xixa. commission to investigate allegations of bribery or corruption 156a. commission to investigate bribery or corruption parliament shall by law provide for the establishment of a commission to investigate allegations of bribery or corruption. such law shall provide for– the appointment of the members of the commission by the president on the recommendation of the constitutional council; the powers of the commission, including the power to direct the holding of a preliminary inquiry or the making of an investigation into an allegation of bribery or corruption, whether of its own motion or on a complaint made to it, and the power to institute prosecutions for offences under the law in force relating to bribery or corruption; measures to implement the united nations convention against corruption and any other international convention relating to the prevention of corruption, to which sri lanka is a party. until parliament so provides, the commission to investigate allegations of bribery or corruption act, no. 19 of 1994 shall apply, subject to the modification that it shall be lawful for the commission appointed under that act, to inquire into, or investigate, an allegation of bribery or corruption, whether on its own motion or on a written complaint made to it. chapter xixb. national procurement commission 156b. national procurement commission there shall be a national procurement commission (in this chapter referred to as the “commission”) consisting of five members appointed by the president on the recommendation of the constitutional council, of whom at least three members shall be persons who have had proven experience in procurement, accountancy, law or public administration. the president shall, on the recommendation of the constitutional council, appoint one member as the chairman of the commission. every member of the commission shall hold office for a period of three years from the date of appointment, unless such member earlier resigns from office by a writing addressed to the president or is removed from office by the president for causes assigned with the approval of the constitutional council or is convicted by a court of law for an offence involving moral turpitude or is elected as a member of parliament or as a member of a provincial council or of a local authority or if a resolution for the imposition of a civic disability on him is passed in terms of article 81. the chairman and every member of the commission shall be paid such allowances as may be determined by a resolution of parliament. such allowances shall be charged on the consolidated fund and shall not be diminished during the term of office of such chairman or the member. 156c. functions of the commission it shall be the function of the commission to formulate fair, equitable, transparent, competitive and cost effective procedures and guidelines, for the procurement of goods and services, works, consultancy services and information systems by government institutions and cause such guidelines to be published in the gazette and within three months of such publication, to be placed before parliament. without prejudice to the generality of paragraph (1), it shall be the function of the commission to,– monitor and report to the appropriate authorities, on whether all procurement of goods and services, works, consultancy services and information systems by government institutions are based on procurement plans prepared in accordance with previously approved action plans; monitor and report to the appropriate authorities on whether all qualified bidders for the provision of goods and services, works, consultancy services and information systems by government institutions are afforded an equal opportunity to participate in the bidding process for the provision of those goods and services, works, consultancy services and information systems; monitor and report to the appropriate authorities on whether the procedures for the selection of contractors, and the awarding of contracts for the provision of goods and services, works, consultancy services and information systems to government institutions, are fair and transparent; report on whether members of procurement committees and technical evaluation committees relating to the procurements, appointed by government institutions are suitably qualified; and investigate reports of procurements made by government institutions outside established procedures and guidelines, and to report the officers responsible for such procurements to the relevant authorities for necessary action. 156d. powers of the commission the commission may, by notice in writing, require any person to,– attend before the commission, to be questioned by the commission; produce to the commission, any document or thing in the possession or control of that person and specified in such notice. every person who– fails, without reasonable cause to appear before the commission when required to do so by a notice sent to him under paragraph (1); appears before the commission in compliance with such a notice, but refuses without reasonable cause, to answer any questions put to him by the commission; or fails or refuses, without reasonable cause, to produce any document or thing which he was required to produce by a notice sent to him under paragraph (1), shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred thousand rupees or to imprisonment for a term not exceeding seven years, or to both such fine and imprisonment. every high court established under article 154p of the constitution shall have jurisdiction to hear and determine any matter referred to in paragraph (2). 156e. meetings of the commission the commission shall meet as often as may be necessary for the discharge of its functions. the chairman shall preside at all meetings of the commission. in the absence of the chairman from any meeting of the commission, the members present shall elect a chairman for that meeting, from among themselves. the quorum for any meeting of the commission shall be three. decisions of the commission shall be by the majority vote of the members present and voting at the meeting at which the decision is taken, and in the event of an equality of votes, the chairman or member presiding at the meeting shall have a casting vote. subject to the preceding provisions of this article, the commission may determine the procedure with regard to its meetings and the transaction of business at such meetings. the commission shall have the power to act notwithstanding any vacancy in the membership of the commission, and no act, proceeding or decision of the commission shall be invalid or deemed to be invalid, by reason only of such vacancy or defect in the appointment of a member. 156f. staff of the commission the commission shall appoint a secretary-general and such other officers as it may consider necessary for the proper discharge of its functions, on such terms and conditions as may be determined by the commission. all members and officers of the commission shall be deemed to be public servants within the meaning, and for the purposes of, chapter ix of the penal code. no suit, prosecution or other proceeding shall lie against any member or officer of the commission for any act or thing which in good faith is done or purported to be done by him in the performance of his duties or the discharge of his functions, under the constitution. 156g. expenses of the commission to be charged on the consolidation fund the expenses of the commission shall be charged on the consolidated fund. 156h. interpretation in this chapter, “government institution” includes a ministry, a government department, a public corporation, a local authority, any business or other undertaking vested in the government and a company registered or deemed to be registered under the companies act, no 7 of 2007, in which the government, a public corporation or any local authority holds more than fifty per centum of the shares. chapter xx. general 157. international treaties and agreements where parliament by resolution passed by not less than two-thirds of the whole number of members of parliament (including those not present) voting in its favour, approves as being essential for the development of the national economy, any treaty or agreement between the government of sri lanka and the government of any foreign state for the promotion and protection of the investments in sri lanka of such foreign state, its nationals, or of corporations, companies and other associations incorporated or constituted under its laws, such treaty or agreement shall have the force of law in sri lanka and otherwise than in the interests of national security no written law shall be enacted or made, and no executive or administrative action shall be taken, in contravention of the provisions of such treaty or agreement. 157a. prohibition against violation of territorial integrity of sri lanka no person shall, directly or indirectly, in or outside sri lanka, support, espouse, promote, finance, encourage or advocate the establishment of a separate state within the territory of sri lanka. no political party or other association or organization shall have as one of its aims or objects the establishment of a separate state within the territory of sri lanka. any person who acts in contravention of the provisions of paragraph (1) shall, on conviction by the court of appeal, after trial on indictment and according to such procedure as may be prescribed by law,be subject to civic disability for such period not exceeding seven years as may be determined by such court; forfeit his movable and immovable property other than such property as is determined by an order of such court as being necessary for the sustenance of such person and his family; not be entitled to civic rights for such period not exceeding seven years as may be determined by such court; and if he is a member of parliament or a person in such service or holding such office as is referred to in paragraph (1) of article 165, cease to be such member or to be in such service or to hold such office. where any political party or other association or organization has as one of its aims or objects the establishment of a separate state within the territory of sri lanka, any person may make an application to the supreme court for a declaration that such political party or other association or organization has as one of its aims or objects the establishment of a separate state within the territory of sri lanka. the secretary or other officer of such political party or other officer of such political party or other association or organization shall be made a respondent to such application. where the supreme court makes a declaration under paragraph (4) in relation to any political party or other association or organization, in pursuance of an application made to it under that paragraph – that political party or other association or organization shall be deemed, for all purposes to be proscribed and any member of such political party or other association or organization, who is a member of parliament shall be deemed to have vacated his seat in parliament with effect from the date of such declaration, and any nomination paper submitted by such political party or other association or organization shall be deemed for all purposes to be invalid; any person who holds office or is a member of that political party or other association or organization, shall be guilty of an offence and shall, on conviction, by the court of appeal after trial on indictment and according to such procedure as may be prescribed by law – be subject to civic disability for such period not exceeding seven years as may be determined by such court; forfeit his movable and immovable property other than such property as is determined by an order of such court as being necessary for the sustenance of such person and his family; not be entitled to civic rights for such period not exceeding seven years as may be determined by such court; if he is a member of parliament or a person in such service or holds such office as is referred to in paragraph (1) of article 165, cease to be such member or to be in such service or hold such office. the execution of any punishment imposed under paragraph (3) or sub-paragraph (b) of paragraph (5) shall not be stayed or suspended pending the determination of any appeal against such punishment or the conviction in consequence of which such punishment was imposed. every officer or person who was or is required by, article 32 or article 53, article 61 or article 107 or article 165 or article 169 (12), to take and subscribe or to make and subscribe an oath or affirmation, every member of, or person in the service, of a local authority, development council pradeshiya mandalaya, gramodaya mandalaya or public corporation and every attorney-at-law shall – if such officer or person is holding office on the date of coming into force of this article, make and, subscribe, or take and subscribe, an oath or affirmation in the form set out in the seventh schedule, before such person or body if any, as is referred to in that article, within one month of the date on which this article comes into force; if such person or officer is appointed to such office after the coming into force of this article, make and subscribe or take and subscribe an oath or affirmation, in the form set out in the seventh schedule, before such person or body, if any, as is referred to in that article, within one month of his appointment to such office. the provisions of article 165 and article 169 (12) shall mutatis mutandis, apply to, and in relation to, any person or officer who fails to take and subscribe, or make and subscribe an oath or affirmation as required by this paragraph. 8 every person who is a member of parliament on the coming into force of this article shall not be entitled to sit and vote in parliament unless he takes and subscribes or makes and subscribes an oath or affirmation in the form set out in the seventh schedule. every person who is elected or nominated as a member of parliament on or after the coming into force of this article shall not be entitled to sit and vote in parliament unless he takes and subscribes or makes and subscribes an oath or affirmation in the form set out in the seventh schedule. no person who has taken and subscribed or made and subscribed an oath or affirmation in the form set out in the seventh schedule shall, notwithstanding any provision to the contrary in the constitution, be required to take and subscribe or make and subscribe any other oath or affirmation required to be taken and subscribed or made and subscribed under the constitution. parliament may, by resolution, determine such other categories of persons or officers to whom the provisions of paragraph (7) shall apply and thereupon, the provisions of such paragraph shall, mutatis mutandis, apply to, and in relation to, officers or persons of that category. the jurisdiction of the court of appeal in respect of its powers under this article shall be exercised in the manner provided in sub-paragraph (iv) of the proviso to paragraph (2) of article 146. in this article, "civic rights" means – the right to obtain a passport; the right to sit for any public examination; the right to own any immovable property; the right to engage in any trade or profession which requires a licence, registration or other authorization, by or under any written law. 158. delegation where any person is empowered under the provisions of the constitution to delegate any power, duty or function to any other person, such person delegating such power, duty or function may, notwithstanding such delegation, exercise, perform or discharge such power, duty or function and may at any time revoke such delegation. in this article, "person" includes anybody of persons or any authority. 159. deputy speaker to act for speaker where the speaker is unable to discharge the functions of his office, the powers, duties and functions conferred or imposed on, or assigned to, the speaker by any provision of the constitution, other than by articles 31 (4), 37, 38 (2) (b), 39 (2) and 40, may be exercised, performed or discharged by the deputy speaker. chapter xxi. transitional provisions 160. first president notwithstanding anything to the contrary in any other provision of the constitution, the person holding the office of president immediately before the commencement of the constitution shall be the first president under the constitution and shall be deemed for all purposes to have been elected as the president of the republic, and shall, subject, to the provisions of article 31, hold office for a period of six years from february 4, 1978. the president shall, notwithstanding the provisions of article 32, be deemed to have assumed office immediately upon the commencement of the constitution and shall be entitled thereupon to exercise, perform and discharge all the powers, duties and functions conferred or imposed on, or assigned to, the president by the constitution or otherwise. the president shall, as soon as possible thereafter at a sitting of parliament, take and subscribe the oath or make and subscribe the affirmation set out in the fourth schedule. 161. first parliament notwithstanding anything to the contrary in any other provision of the constitutionthe first parliament shall consist of one hundred and sixty-eight members, and subject to the succeeding provisions of this article, all persons who immediately before the commencement of the constitution were members of the national state assembly shall be deemed to have been elected as members of parliament; if the election, as a member of the national state assembly, of a person deemed to have been elected to the first parliament is declared void under the law for the time being in force and no other person is determined to have been duly returned or elected, the seat of such member shall be vacant, and an election to the electoral district as existing immediately prior to the commencement of the constitution, shall be held in accordance with the law relating to elections to the national state assembly in force immediately before the commencement of the constitution and on the basis of the register of electors applicable to such electoral district which was operative on the day immediately preceding the commencement of the constitution; the law applicable to election petitions in relation to an election held as provided in sub-paragraph (i) shall be the law in force upon the commencement of the constitution and in the event of such an election being declared void the provisions of sub-paragraph (i) shall, mutatis mutandis, apply; if the election as a member of the national state assembly of a person who is deemed to have been elected to the first parliament is declared void or undue and any other person is determined to have been duly returned or elected such other person shall be deemed to have been duly elected as a member of the first parliament; where immediately before the commencement of the constitution there was a vacancy in the membership of the national state assembly or where a vacancy in the membership of the first parliament occurs otherwise than under the provisions of paragraph (b) of this article, such vacancy shall be filled in the manner provided in sub-paragraph (iii) hereof; where during the duration of the first parliament, a member ceases, by resignation, expulsion or otherwise, to be a member of the recognized political party to which he belonged upon or after the commencement of the constitution, the secretary of such party shall, within two weeks of the date on which such member so ceased to be a member of such party, communicate, in writing to the secretary-general of parliament, the fact and date thereof. the secretary-general shall, upon receipt of such communication, submit it to the speaker. where a member ceases to be a member of the recognized political party to which he belonged by reason of being expelled from such party, he shall be entitled to apply, within one month of the date of such expulsion by petition in writing, to the supreme court for a determination that such expulsion was invalid. in the event of any such application being made, the registrar of the supreme court shall forthwith inform the secretary-general of parliament in writing, of such application. every such application shall be heard and determined by not less than three judges of the supreme court who shall, within two months of the making of such application, determine whether such expulsion was valid or not. the speaker shall, on receiving in the aforesaid manner, a communication alleging that a member has ceased to be a member of the recognized political party to which such member belonged, appoint a select committee consisting of not less than five members of parliament (one of whom shall be nominated as chairman thereof) to inquire into, and report to parliament on, the circumstances in which such member is alleged to have resigned from, or to have been expelled from, or to have otherwise ceased to be a member of, such party, and the reasons therefor: provided, however, that where such communication alleges that a member has ceased to be a member of the recognized political party to which he belonged by reason of his being expelled therefrom, no select committee shall be appointed as aforesaid until after the expiration of a period of' one month from the date of such alleged expulsion, and in any case where such member has applied to the supreme court for a determination that such expulsion was invalid, unless and until the supreme court has determined that such expulsion was valid. the provisions of the parliament (powers and privileges) act shall, mutatis mutandis, apply in relation to proceedings before, and to the privileges, immunities and powers of, a select committee appointed as aforesaid, and every such select committee shall be deemed, for the purposes of that act, to be duly authorized by an order of parliament to send for persons, papers and records. after consideration of the report made by a select committee appointed as aforesaid, parliament may, by resolution passed by not less than eighty-five members voting in its favour, resolve that the member to whom such report relates, shall cease to be a member of parliament. the speaker shall endorse on every resolution so passed, a certificate in the following form:"this resolution has been passed by the majority required by article 161 (d) (ii) of the constitution". the seat of such member shall, with effect from the date of such certificate, become vacant. every such certificate shall be conclusive for all purposes and shall not be questioned in any court, and no court or tribunal shall inquire into, pronounce upon or in any manner call in question, the validity of the resolution on which such certificate is endorsed on any ground whatsoever. where a vacancy as is referred to in subparagraph (i) or (ii) has occurred, the secretary-general of parliament shall forthwith inform the commissioner of elections of such vacancy. the commissioner of elections shall thereupon require the secretary of the political party to which such member belonged to nominate a member of such party to fill such vacancy. a nomination made by the secretary of such political party under this sub-paragraph shall be accompanied by an oath or affirmation, as the case may be, in the form set out in the seventh schedule, taken and subscribed or made and subscribed, as the case may be, by the person nominated to fill such vacancy. upon the receipt of such nomination, accompanied by such oath or affirmation the commissioner shall declare such person to be the member for the electoral district in respect of which the vacancy occurred: provided that where the secretary of such political party fails to nominate a member of such political party to fill such vacancy under the preceding provisions of this sub-paragraph within thirty days of his being required to do so and in the aforesaid manner or where the secretary of a political party had been required, before the coming into force of this proviso, to nominate a member of such political party to fill any such vacancy under such provisions and such secretary fails, within thirty days of the coming into force of this proviso, to nominate a member of such political party to fill such vacancy, or where such political party is deemed to be proscribed under article 157 (a), then, the commissioner of election shall forthwith so inform the president, who shall, within thirty days of the receipt by him of such information, by notice published in the gazette order the commissioner of elections to hold an election for the electoral district in respect of which such vacancy has occurred. the commissioner of elections shall thereupon hold an election, in accordance with part i and parts iv to vi (both inclusive) of the ceylon (parliamentary elections) order in council, 1946, for such electoral district as existed immediately preceding the constitution and on the basis of such part of the register, prepared under the registration of electors act, no. 44 of 1980, and in operation, as corresponds to such electoral district. the aforesaid parts of the ceylon (parliamentary elections) order in council, 1946, shall, for the purposes of such election and notwithstanding the repeal of such order in council, be deemed to be in force and shall, mutatis mutandis, and except as otherwise expressly provided in the constitution, apply to such election. the law applicable to election petitions in relation to such electoral district shall be the aforesaid parts of such order in council as applied aforesaid and in the event of such election being declared void and no other person is determined to have been duly returned or elected, the election to fill such vacancy shall be held in accordance with the provisions of this proviso. where a member nominated or elected to fill any such vacancy as is referred to in sub-paragraph (i) or sub-paragraph (ii), being a member who has taken and subscribed or made and subscribed an oath or affirmation in the form set out in the seventh schedule, directly or indirectly, in or outside sri lanka, supports, espouses, promotes, finances, encourage or advocates the establishment of a separate state within the territory of sri lanka, any person may make an application to the court of appeal for a declaration that such member has directly or indirectly, in or outside sri lanka, supported, espoused, promoted, financed, encouraged or advocated the establishment of a separate state within the territory of sri lanka. if the court of appeal makes, on such application, a declaration that such member has directly or indirectly, in or outside sri lanka, supported, espoused, promoted, financed, encouraged or advocated the establishment of a separate state within the territory of sri lanka, the seat of such member shall be deemed to be vacant with effect from the date of such declaration and such member shall be disqualified from sitting and voting in parliament and from being elected or nominated to parliament for a period of seven years from the date of such declaration. the vacancy occurring in the membership of parliament by reason of such declaration shall be filled in the manner provided in paragraph (iii). the jurisdiction of the court of appeal' in respect of its powers under this sub-paragraph shall be exercised in the manner provided in sub-paragraph (iv) of the proviso to paragraph (2) of article 146. unless sooner dissolved, the first parliament shall continue until august 4, 1989 and no longer, and shall thereupon stand dissolved, and the provisions of article 70 (5) (b) shall, mutatis mutandis, apply. 162. application of certain provisions the provisions of article 98, other than paragraphs (8) and (9) thereof, and article 99 shall not come into operation until the general election held upon the dissolution of the first parliament. if at the time of such dissolution the notification of electoral districts has not been proclaimed as required by article 97, the electoral districts for the first general election to be held upon the dissolution of the first parliament, and the number of members which each such district shall be entitled to return by virtue of the provisions of paragraph (4) of article 96, shall be as set out in the sixth schedule and accordingly, registers of electors shall be prepared and certified for each such electoral district, and unless parliament otherwise provides, such registers shall be prepared on the basis of the register of electors in force immediately before the commencement of the constitution. 163. judges of supreme court and high court to cease to hold office all judges of the supreme court and the high courts established by the administration of justice law, no. 44 of 1973, holding office on the day immediately before the commencement of the constitution shall, on the commencement of the constitution, cease to hold office. 164. continuation in office of judges, public officers and others subject to the provisions of article 163 every person who immediately before the commencement of the constitution – held office in any court or tribunal deemed, by virtue of the provisions of paragraph (2) of article 105, to be a court or tribunal created and established by parliament, was in the service of the republic, any local authority or any public corporation, held office in any local authority or public corporation, or held any appointment under any existing written law, shall continue in such service or hold such office or appointment under the same terms and conditions. 165. oath or affirmation to be taken or made by public officers and others every public officer, judicial officer and every other person as is required by the constitution to take an oath or make an affirmation on entering upon the duties of his office, every holder of an office required under the existing law to take an official oath and every person in the service of every local authority and of every public corporation shall take and subscribe the oath or make and subscribe the affirmation set out in the fourth schedule. any such public officer, judicial officer, person or holder of an office failing to take and subscribe such oath or make and subscribe such affirmation after the commencement of the constitution on or before such date as may be prescribed by the prime minister by order published in the gazette shall cease to be in service or hold office. the minister in charge of the subject of public administration may, in his sole discretion, permit any public officer, judicial officer, person or holder of an office referred to in paragraph (1) of this article, to take the oath or make the affirmation referred to in that paragraph after the prescribed date if he is satisfied that the failure to take the oath or make the affirmation within the time prescribed was occasioned by illness or some other unavoidable cause. on his taking such oath or making such affirmation, he shall continue in service or hold office as if he had taken such oath or made such affirmation within the time prescribed under paragraph (1) of this article. the president may by proclamationexclude the application of the provisions of paragraph (1) of this article to any category of public officers, prescribe the persons or categories of persons who may administer such oath or affirmation in addition to the persons who are empowered under the existing law to administer oaths or affirmations. 166. powers, privileges, immunities and rights of the republic unless parliament otherwise provides, the republic of sri lanka shall continue to possess and exercise all powers, privileges, immunities and rights whatsoever possessed, exercised or exercisable immediately prior to the commencement of the constitution. 167. rights, duties and obligations of the republic all rights and all duties or obligations, however arising, of the government of sri lanka and subsisting immediately prior to the commencement of the constitution shall be rights, duties and obligations of the government of the republic of sri lanka under the constitution. 168. past operation of laws, previous acts, offences and pending actions etc unless parliament otherwise provides, all laws, written laws and unwritten laws, in force immediately before the commencement of the constitution, shall, mutatis mutandis, and except as otherwise expressly provided in the constitution, continue in force. save as otherwise provided in the constitution, existing laws, written laws and unwritten laws are not and shall not in any manner be deemed to be provisions of the constitution. wherever the constitution provides that any law, written law or unwritten law or any provision of the constitution shall continue in force until or unless parliament otherwise provides, any law enacted by parliament so providing may be passed by a majority of the members present and voting. whenever the constitution provides that any provision of any existing written law shall continue in force until or unless parliament otherwise provides and the existing written law referred to consists of subordinate legislation, the provision that such existing written law shall continue in force until or unless parliament otherwise provides shall not in any manner be deemed to derogate from the power of the person or body on whom the power to make and when made, to amend, vary, rescind or revoke such subordinate legislation is conferred, to exercise the power so conferred until or unless parliament otherwise provides. unless the constitution otherwise provides, the past operation of any law in force prior to the commencement of the constitution or anything duly done or suffered or any offence committed or any right, liberty, obligation or penalty acquired or incurred under any law in force prior to the commencement of the constitution shall not in any manner be affected or be deemed to be affected by the constitution coming into force. all actions, prosecutions, proceedings, matters or things, including proceedings of commissions appointed or established by or under any existing written law, pending or uncompleted on the commencement of the constitution shall, subject to the provisions of the constitution and, mutatis mutandis, be deemed to continue and may be carried on and completed after the commencement of the constitution. 169. provisions relating to judiciary unless parliament otherwise provides – any provisions of the administration of justice law, no. 44 of 1973, which are inconsistent with the provisions of the constitution, shall, to the extent of such inconsistency, be deemed to be repealed; the supreme court established by the administration of justice law, no. 44 of 1973, shall, on the commencement of the constitution, cease to exist, and accordingly the provisions of that law relating to the establishment of the said supreme court, shall be deemed to have been repealed. unless otherwise provided in the constitution, every reference in any existing written law to the supreme court shall be deemed to be a reference to the court of appeal; all appellate proceedings including proceedings by way of revision, case stated and restitutio in integrum pending in the supreme court established under the administration of justice law, no. 44 of 1973, on the day preceding the commencement of the constitution, shall stand removed to the court of appeal and the court of appeal shall have jurisdiction to take cognizance of and to hear and determine the same; and the judgments and orders of the supreme court aforesaid delivered or made before the commencement of the constitution in appellate proceedings shall have the same force and effect as if they had been delivered or made by the court of appeal; all original proceedings by way of applications for the issue of high prerogative writs and applications for any other relief pending in the supreme court as well as all applications for injunctions pending in the high court established under the administration of justice law, no. 44 of 1973, on the date immediately preceding the commencement of the constitution shall stand removed to the court of appeal and such court shall have jurisdiction to take cognizance of, hear and determine or to continue and complete the same, and the judgments and orders of the supreme court established under the administration of justice law, no. 44 of 1973, delivered or made before the commencement of the constitution in original proceedings shall have the same force and effect as if they had been delivered or made by the court of appeal: provided that any proceedings in relation to any alleged breach of privileges of parliament pending in the supreme court shall stand removed to the supreme court created and established by the constitution; no appeal shall lie from any judgment, order or decree of the supreme court established under the administration of justice law, no, 44 of 1973, to the supreme court created and established under the constitution but such judgment, order or decree, as the case may be, shall be final as between the parties to the action, application or other proceeding in which such judgment, order or decree was made: provided that it shall be competent for the court of appeal and all officers of such court to take all such steps as may be necessary, including the entering of decrees if not already entered and taxation and recovery of costs so as to ensure that such judgments, orders and decrees are completely and effectively complied with, as if they had been delivered or made by the court of appeal created and established by the constitution; the several high courts established under chapter i of the administration of justice law, no. 44 of 1973, shall be deemed for all purposes to constitute a single court created and established by parliament called the high court of the republic of sri lanka having jurisdiction throughout the republic of sri lanka to be exercised in the several zones in accordance with the law for the time being in force. accordingly, subject to the provisions of the constitution, and of any existing written law, all provisions relating to high courts contained in such law shall, mutatis mutandis, apply to the high court of the republic of sri lanka; all criminal and admiralty cases, proceedings or matters, other than applications for injunctions, pending in the high courts established under the administration of justice law, no. 44 of 1973, on the day preceding the commencement of the constitution shall stand removed to the said high court of the republic of sri lanka and such court shall have jurisdiction to take cognizance of, hear and determine or to continue and complete the same, and the judgments and orders of the aforesaid high courts delivered or made before the commencement of the constitution shall have the same force and effect as if they had been delivered or made by the high court of the republic of sri lanka; the president of the court of appeal shall from time to time as he may deem expedient nominate the judges of the high court of the republic of sri lanka to exercise the jurisdiction of the high court in such zones as he may determine and the provisions of chapter ii of the administration of justice law, no. 44 of 1973, shall, mutatis mutandis, apply to the hearing and disposal of all proceedings pending in or hereafter instituted in the high court; all indictments filed hereafter in the high court of the republic of sri lanka shall be in the name of the republic of sri lanka and shall be signed by the attorney-general or any person authorized under section 189 of the administration of justice law, no. 44 of 1973; all election petition proceedings relating to the election of any person to the membership of the national state assembly pending in the high courts established under the administration of justice law, no. 44 of 1973, on the day preceding the commencement of the constitution shall stand removed to the court of appeal and the court of appeal shall have the same jurisdiction to take cognizance of, hear and determine or to continue and complete the same, and the judgments and orders of the supreme court established by the administration of justice law, no. 44 of 1973, and of the high courts aforesaid delivered or made before the commencement of the constitution in such election petition proceedings shall have the same force and effect as if they had been delivered or made by the supreme court and the court of appeal established by the constitution, as the case may be. the president of the court of appeal is hereby vested with the power to nominate a judge of the court of appeal to hear and determine any election petition in respect of which the court of appeal is vested with jurisdiction by the constitution; all attorneys-at-law admitted and enrolled or deemed to have been admitted and enrolled as attorneys-at-law under the provisions of the administration of justice law, no. 44 of 1973, shall subject to the provisions of the constitution be deemed to have been admitted and enrolled as attorneys-at-law of the supreme court created and established by the constitution; after the date fixed by the minister in charge of the subject of justice, by order published in the gazette, no attorney-at-law shall be entitled to represent any party to a proceeding or be given the right of audience in any court, tribunal or other institution until or unless he has taken and subscribed the oath or made and subscribed the affirmation set out in the fourth schedule before a judge of the supreme court, court of appeal, high court or any other judicial officer as defined in article 114; and it shall be the duty of any such judge or judicial officer, as the case may be, to forward such oath or affirmation so taken and subscribed or made and subscribed to the registrar of the supreme court who shall cause the same to be entered in the rolls of such court. such entry shall be the only proof that such attorney-at-law has taken and subscribed or made and subscribed such oath or affirmation; the provisions of the administration of justice law, no. 44 of 1973, relating to the attorney-general, the legal profession, state attorneys and state counsel, shall be deemed for all purposes to be in operation, and every reference to the supreme court in sections 33 to 36 of the administration of justice law, no. 44 of 1973, and in the rules and regulations relating thereto shall be deemed to be a reference to the supreme court established by the constitution; if any matter or question shall arise with regard to any procedure or practice to be followed in any court in consequence of the coming into operation of the constitution, not provided for in the constitution or any written law, the chief justice shall have the power to give such directions as he may consider necessary to prevent injustice or as the justice of the case may require and to ensure that the provisions of chapters xv and xvi of the constitution are given full and complete effect; 15 any reference in section 2 of the special presidential commissions of inquiry law, no. 7 of 1978, to the supreme court shall be deemed to be a reference to the supreme court established by the constitution; where any person has been appointed as a member of a special presidential commission of inquiry established under the special presidential commission of inquiry law, no. 7 of 1978, then, such person shall notwithstanding the provisions of the constitution, continue to be such member and shall be deemed for the purposes of article 81 (1) to be a judge of a court referred to therein unless he resigns, or refuses or becomes unable to act, or is discharged by the president from the performance of his duties as such member in accordance with the provisions of the special presidential commissions of inquiry law, no. 7 of 1978; any such member specified in the warrant establishing such special presidential commission of inquiry as chairman, shall, subject to the provisions of sub-paragraph (ii) of this paragraph, continue to be the chairman of such special presidential commission of inquiry; 16 any breach the privileges of the national state assembly functioning immediately prior to the commencement of the constitution, shall be deemed to be a breach of the privileges of parliament and accordingly, parliament and the supreme court, shall have the power to take cognizance of and punish any person for such breach of privileges of parliament; where prior to the commencement of the constitution, any step required or authorized by the parliament (powers and privileges) act has been taken in respect of, or in relation to, any act or omission alleged to constitute such a breach of the privileges of parliament as is referred to in sub-paragraph (i) of this paragraph, such step shall be deemed to have been validly taken and any further steps as are required or authorized under such act, may be taken, in respect of or, in relation to, such alleged breach of the privileges of parliament as if the act or omission alleged to constitute; such breach of privileges of parliament had been committed or had occurred after the commencement of the constitution. 169a. provision relating to queen's counsel and senior attorneys-at-law everyqueen's counsel appointed prior to the coming into force of the constitution; and senior attorney-at-law appointed by the president after the coming into force of the constitution, shall, from the date on which this article comes into force, be called and known also as president's counsel and shall continue to enjoy all such privileges as were hitherto enjoyed by a queen's counsel. every rule made under article 136 relating to the appointment of senior attorneys-at-law shall, from the date on which this article comes into force, be deemed to be rescinded. every reference in any written law to "senior attorneyat-law" shall, from the date on which this article comes into force, be deemed to include a reference to “president's counsel." chapter xxii. interpretation 170. interpretation in the constitution – “civic disability” shall have the same meaning as in the special presidential commissions of inquiry law, no. 7 of 1978, as on the commencement of the constitution; “commencement of the constitution” means the date appointed by the proclamation made under article 172; “conclusion of the general election” means the time at which members of parliament for all the electoral districts in respect of which a poll has been taken on the date or dates specified in the proclamation made under article 70(5) have been declared elected by the respective returning officers, or when on the results declared more than half the total membership of parliament consists of members belonging to any single recognized political party or independent group, whichever event occurs earlier; “existing law” and “existing written law” mean any law and written law, respectively, in force immediately before the commencement of the constitution which under the constitution continue in force; “judicial officer”, other than in article 111m, means any person who holds office as – a judge of the supreme court or a judge of the court of appeal; any judge of the high court or any judge, presiding officer or member of any other court of first instance, tribunal or institution created and established for the administration of justice or for the adjudication of any labour or other dispute but does not include a person who performs arbitral functions or a public officer whose principal duty or duties is or are not the performance of functions of a judicial nature. no court or tribunal or institution shall have jurisdiction to determine the question whether a person is a judicial officer within the meaning of the constitution but such question shall be determined by the judicial service commission whose decision thereon shall be final and conclusive. no act of such person or proceeding held before such person, prior to such determination, shall be, deemed to be invalid by reason of such determination; “law” means any act of parliament and any law enacted by any legislature at any time prior to the commencement of the constitution and includes an order in council; “local authority” means any municipal council, urban council, town council or village council and includes any authority created and established by or under any law to exercise, perform and discharge powers, duties and functions corresponding to or similar to the powers, duties and functions exercised, performed and discharged by any such council; “public corporation” means any corporation, board or other body which was or is established by or under any written law other than the companies ordinance, with funds or capital wholly or partly provided by the government by way of grant, loan or otherwise; “public officer” means a person who holds any paid office under the republic, other than a judicial officer, but does not include – the president; the prime minister the speaker; a minister; a deputy minister; a member of parliament; a member of the constitutional council; a member of the judicial service commission; a member of the public service commission; a member of the election commission; a member of the national police commission; a member of the audit service commission; a member of the human rights commission of sri lanka; a member of the commission to investigate allegations of bribery or corruption; a member of the finance commission; a member of the delimitation commission; a member of the national procurement commission; the secretary-general of parliament; a member of the staff of the secretary-general of parliament; a member of the university grants commission; a member of the official languages commission; and the auditor-general. “recognized political party” means unless parliament otherwise provides, every political party which is treated as a recognized political party under the ceylon (parliamentary elections) order in council, 1946; “territorial waters” includes the territorial sea and the historic waters of sri lanka; “written law” means any law and subordinate legislation and includes statutes made by a provincial council, orders, proclamations, rules, by-laws and regulations made or issued by anybody or person having power or authority under any law to make or issue the same. chapter xxiii. repeal the constitution adopted and enacted on the 22nd day of may, 1972, is hereby repealed. chapter xxiv. promulgation of the constitution 172. promulgation of the constitution the provisions of chapter i to chapter xxiii shall come into force on the day appointed by the president by proclamation. parliament shall meet on the day so appointed and the president may, in such proclamation, specify the time at which parliament shall so meet. other consequential amendments in the seventeenth amendment to the constitution 24. commissions under repealed articles 56 and 112 of the constitution to continue the persons holding office on the date prior to the date of commencement of this act, as members of the public service commission and the judicial service commission established by article 56 and article 112 respectively, of the constitution, shall continue to hold office as such members continue to exercise the powers vested in those commissions under the constitution, prior to the date of commencement of this act, until the date on which the members of the public service commission and the judicial service commission respectively, are appointed under article 54 and article 111d respectively of the constitution. the persons holding office on the day prior to the date of commencement of this act, as the secretary to the public service commission and as the secretary to the judicial service commission appointed under paragraph (7) of article 56 and article 113 respectively, of the constitution, shall continue to hold such office under the same terms and conditions. 25. chief justice, judges of the supreme court, president of the court of appeal etc.; to continue to hold office the chief justice and all the judges of the supreme court and the president and all the judges of the court of appeal holding office on the day prior to the date of the commencement of this act, shall, subject to the provisions of paragraph (3) of article 41c, continue to hold office. every person holding office on the day prior to the date of the commencement of this act, as the attorney-general, the auditor-general, the inspector-general of police, the parliamentary commissioner for administration (ombudsman) and the secretary-general of parliament shall, subject to the provisions of paragraph (3) of article 41c, continue to hold such office under the same terms and conditions. 26. judges of the high court etc.; to continue to hold office every person holding office on the day prior to the date of the commencement of this act – as a judge of the high court; as a judicial officer, a scheduled public officer, a public officer or a police officer, shall, continue to hold such office under the same terms and conditions. 27. substitution and savings unless the context otherwise requires, there shall be substituted for the expressions "commissioner of elections" and "department of the commissioner of elections" wherever such expressions occur in the constitution and in any written law or in any contract, agreement or other document, of the expression "election commission". the person holding office as the commissioner of elections on the day immediately preceding the date of the commencement of this act, shall continue to exercise and perform the powers and functions of the office of commissioner of elections as were vested in him immediately prior to the commencement of this act, and of the election commission, until an election commission is constituted in terms of article 103, and shall, from and after the date on which the election commission is so constituted, cease to hold office as the commissioner of elections. all suits, actions and other legal proceedings instituted by or against the commissioner of elections appointed under article 103 of the constitution prior to the amendment of such article by this act, and pending on the day immediately prior to the date of commencement of this act, shall he deemed to be suits, actions and other legal proceedings instituted by or against the election commission, and shall be continued and completed in the name of the election commission. any decision or order made, or ruling, given by the commissioner of elections appointed under article 103 of the constitution prior to the amendment of that article, by this act, and under any written law on or before the date of the commencement of this act, shall be deemed to be a decision or order made or ruling given, by the election commission. 28. pending matters before the public service commission to stand removed to the national police commission all matters pertaining to the appointment, promotion, transfer, disciplinary control and dismissal of any police officer pending before the public service commission, on or before the date of the commencement of this act, shall stand removed to the national police commission established by chapter xviiia of the constitution and accordingly such matter shall be continued and completed before such national police commission. first schedule. names of administrative districts (article 5) colombo gampaha kalutara kandy matale nuwara eliya galle matara hambantota jaffna kilinochchi mannar vavuniya mullaitivu batticaloa ampara trincomalee kurunegala puttalam anuradhapura polonnaruwa badulla moneragala ratnapura kegalle second schedule. the national flag (article 6) [image] third schedule. words and music of the national anthem (article 7) [image] fourth schedule. articles 32, 53, 61, 107, 165 "i………………………………………………………………………………………do [solemnly declare and affirm/swear] that i will faithfully perform the duties and discharge the functions of the office of ………………………………………………… in accordance with the constitution of the democratic socialist republic of sri lanka and the law, and that i will be faithful to the republic of sri lanka and that i will do the best of my ability uphold and defend the constitution of the democratic socialist republic of sri lanka.” fifth schedule. article 114(6) clerks deputy fiscals interpreters stenographers typists binders sixth schedule. article 162(2) colombo city and dehiwela -mount lavinia -(municipal limits) 1 member colombo district (excluding colombo city and dehiwela-mount lavinia) 2 members kalutara district … … … 1 member kandy district … … … 2 members matale district … … … 1 member nuwara-eliya district … … … 1 member galle district … … … 2 members matara district … … … 1 member hambantota district … … … 1 member jaffna district … … … 3 members mannar and vavuniya districts … … … 1 member batticaloa district … … … 1 member trincomalee district … … … 1 member ampara district … … … 2 members kurunegala district … … … 3 members puttalam district … … … 1 member anuradhapura district … … … 3 members polonnaruwa district … … … 1 member badulla district … … … 3 members moneragala district … … … 1 member kegalle district … … … 2 members ratnapura district … … … 2 members “district” means the administrative district established under the administrative districts act (chapter 392) having the limits specified thereunder as on july 21, 1977. seventh schedule. article 157a and article 161(d) (iii) "i,………………………………………………… [do solemnly declare and affirm/swear] that i will uphold and defend the constitution of the democratic socialist republic of sri lanka and that i will not, directly or indirectly, in or outside sri lanka, support, espouse, promote, finance, encourage or advocate the establishment of a separate state within the territory of sri lanka.” eighth schedule. provinces (article 154a) western north-western uva sabaragamuwa central eastern southern north-central northern ninth schedule list i. provincial council list police and public order– public order and the exercise of police powers, to the extent set out in appendix i, within the province, but not including national defence, national security and the use of any armed forces or any other forces under the control of the government of sri lanka in aid of the civil power and not including the city of colombo, sri jayewardenepura, kotte, and their environs the limits of which shall be specified by the president by order published in the gazette. planning– implementation of provincial economic plans. education and educational services– education to the extent set out in appendix iii. local government – local authorities for the purpose of local government and village administration, such as municipal councils, urban councils and pradeshiya sabhas, except that, the constitution, form and structure of local authorities shall be determined by law; supervision of the administration of local authorities established by law, including the power of dissolution (subject to such quasi-judicial inquiries into the grounds for dissolution and legal remedies in respect thereof, as may be provided by law and subject to provisions relating to audit as may be provided by law); local authorities will have the powers vested in them under existing law. municipal councils and urban councils will have the powers vested in them under the municipal councils ordinance and the urban councils ordinance, pradeshiya sabhas will have the powers vested in them under existing law. it will be open to a provincial council to confer additional powers on local authorities but not to take away their powers; gramodaya mandalayas will have the powers vested in gramodaya mandalayas under existing law. it will be open to a provincial council to confer additional powers on gramodaya mandalayas. provincial housing and construction – implementing, co-ordinating, supervising and monitoring provincial housing development programmes and projects (other than national housing development authority projects) including aided self-help housing projects, housing loans and the provision of building materials; the implementation of the protection of tenants act and the rent act within a province; construction activity in respect of subjects in this list. roads and bridges and ferries thereon within the province, other than – national highways; bridges and ferries on national highways. social services and rehabilitation – probation and child care services; the rehabilitation of destitute persons and families; rehabilitation and welfare of physically, mentally and socially handicapped persons; relief of the disabled and unemployable. regulation of road passenger carriage services and the carriage of goods by motor vehicles within the province and the provisions of inter-provincial road transport services. agriculture and agrarian servicesagriculture, including agricultural extension, promotion and education for provincial purposes and agricultural services (other than in inter-provincial irrigation and land settlement schemes, state land and plantation agriculture); rehabilitation and maintenance of minor irrigation works; agricultural research save and except institutions designated as national agricultural research institutions. rural development health – the establishment and maintenance of public hospitals, rural hospitals, maternity homes, dispensaries (other than teaching hospitals and hospitals established for special purposes); public health services, health education, nutrition, family health maternity and child care, food and food sanitation, environmental health; formulation and implementation of health development plan and of the annual health plan for the province; the provision of facilities for all institutions referred to in 1 above within the province, excluding the procurement of drugs; awarding of scholarships for post-graduate education within sri lanka to personnel attached to the institutions specified in 1 above. indigenous medicine – ayurveda, siddha and unani – establishment of ayurvedic dispensaries and hospitals, grants to such dispensaries and hospitals; establishment and maintenance of herbaria. 13 rest houses maintained by local authorities; and circuit bungalows presently administered by government departments whose functions are exclusively specified in this list. pawn brokers – pawn brokers other than pawn brokers business carried on by banks. markets, fairs. food supply and distribution within the province. co-operatives – co-operative undertakings and the organization, registration, supervision and audit of co-operative societies within the province; co-operative development within the province including co-operative education and propaganda; provincial co-operative employees commission; matters connected with employment, promotion, retirement and other connected matters of employees of co-operative societies within the province. land – land, that is to say, rights in or over land, land tenure, transfer and alienation of land, land use, land settlement and land improvement, to the extent set out in appendix ii. irrigation – planning, designing, implementation, supervision and maintenance of all irrigation works, other than irrigation schemes relating to rivers running through more than one province or inter provincial irrigation and land development schemes. animal husbandry – preservation, protection and improvement of stock and prevention of animal diseases within the province. subject to the formulation and implementation of national policy in regard to development and planning, the power to promote, establish and engage in agricultural, industrial, commercial and trading enterprises and other income-generating projects, within the province without prejudice to the power of the government and public corporations to have such enterprises and projects. (this would include the promotion of scientific and industrial research within the province and the preparation, co-ordination and the implementation of industrial development plans for the province). reformatories, borstal institutions and other institutions of a like nature and persons detained therein, arrangements with other provinces for the use of such institutions. possession, transport, purchase and sale of intoxicating liquors. burials and burial grounds, cremations and cremation grounds, other than those declared by or under law made by parliament to be national memorial cemeteries. 25 libraries, museums and other similar institutions controlled or financed by a provincial council; ancient and historical monuments and records other than those declared by or under law made by parliament to be of national importance. the regulation of mines and mineral development, to the extent permitted by or under any law made by parliament, within the province. incorporation, regulation and judicial winding up of corporations with objects confined to the province, excluding trading corporations, banking, insurance and financial corporations. regulation of unincorporated trading, literary, scientific, religious and other societies and associations. 29 theatres and dramatic performances, music, cinemas, entertainments and amusements, excluding the sanctioning of cinematograph films for exhibition and public performances. encouragement and development of sports (other than national sports associations). betting and gambling, other than imposition of licence fees and taxes. provincial debt. offences against statutes with respect to any of the matters specified in this list. fees in respect of any of the matters in this list, excluding fees taken in any court. development, conservation and management of sites and facilities in the province for the generation and promotion of electrical energy (other than hydro-electric power and power generated to feed the national grid). the borrowing of money to the extent permitted by or under any law made by parliament. 36 turnover taxes on wholesale and retail sales within such limits and subject to such exemptions as may be prescribed by law made by parliament; betting taxes, and taxes on prize competitions and lotteries, other than national lotteries and lotteries organized by the government of sri lanka; licence taxes, arrack, toddy rents, tapping licence fees and liquor licence fees motor vehicle licence fees within such limits and subject to such exemptions as may be prescribed by law made by parliament; dealership licence taxes on drugs and other chemicals; stamp duties on transfer of properties, such as lands and motor cars; toll collections; fines imposed by courts; fees charged under the medical ordinance; fees charged under the motor traffic act; departmental fees in respect of any of the matters specified in this list; fees under the fauna and flora protection ordinance; fees on lands alienated under the land development ordinance and crown lands ordinance; court fees, including stamp fees on documents produced in court; regulatory charges under the weights and measures ordinance; land revenue, including the assessment and collection of revenue and maintenance of land records for revenue purposes; taxes on lands and buildings including the property of the state to the extent permitted by law made by parliament; taxes on mineral rights within such limits and subject to such exemptions as may be prescribed by law made by parliament; licensing fees on the possession, transport, purchase and sale of intoxicating liquors; other taxation within the province in order to raise revenue for provincial purposes to the extent permitted by or under any law made by parliament. protection of environment within the province to the extent permitted by or under any law made by parliament. appendix i. law and order the subject devolved shall be described as follows:– public order and the exercise of police powers as set out in this appendix within the province, but not including – national defence; national security; and the use of any armed forces or any other forces under the control of the government of sri lanka in aid of the civil power. the i. g. p. shall be the head of the sri lanka police force, the sri lanka police force shall be divided into – the national division (including special units); and a provincial division for each province. the national division shall consist of the i. g. p., (d. i. g. g.., ss. pp., aspp.,) and other ranks recruited at the national level. a provincial division shall consist of the d.i.g., s.s.pp., s.pp and a.s.pp., all seconded from the national division and provincial assistant superintendents of police, chief inspectors, inspectors, sub-inspectors, sergeants and constables recruited in the province. members of the provincial division shall be eligible for promotion to the national division. recruitment to the national police division and promotion of police officers in the provincial divisions to the national division, shall be made by the national police commission. the national police commission shall, before promoting any police officer serving in any provincial division to the national division, call for a confidential report on such officer from the relevant provincial police commission and take the matters specified in such report into consideration in deciding whether to promote such officer or not. the commission shall also be responsible for promotions, transfers and disciplinary control of members of the national division other than the i.g.p. subject to paragraph 4:1 below. it shall hear and determine appeals from officers seconded to provincial divisions against whom disciplinary action has been taken by provincial police commissions. it shall set standards for recruitment and promotion of police officers of all divisions and such standards shall be uniform for all provincial divisions. recruitment to each provincial division shall be made by a provincial police commission composed of three members, namely the d. i. g. of the province; a person nominated by the public service commission in consultation with the president; and a nominee of the chief minister of the province. a provincial police commission shall be responsible for transfers, promotions and disciplinary control over officers in the provincial division; for promotion of officers of the national division seconded to the provincial division up to the rank of s.s.p.; and for transfer and disciplinary control over officers seconded to the provincial division, except the d.i.g.: provided that any officer of the national division seconded to any provincial division against whom disciplinary action has been taken by a provincial police commission, shall have the right to appeal to the national police commission, whose decision on such appeal shall be final. the national police commission or a provincial police commission shall be entitled to delegate such of its powers as may be prescribed to such other person or authority as may be prescribed. the i.g.p. shall appoint a d.i.g. for each province with the concurrence of the chief minister of the province. however, where there is non-agreement between the inspector-general of police and the chief minister, the matter will be referred to the national police commission, who, after due consultations with the chief minister, shall make the appointment. the cadres of police officers of all ranks of the national division shall be fixed by the government of sri lanka. the cadre of officers and other ranks of each provincial division shall be fixed by the provincial administration with the approval of the national police commission, having regard to – the area of the province; population of the province; and such other criteria, as may be agreed to or prescribed. these principles shall be uniformly applied to all provincial divisions. the cadres of the provincial divisions shall be fixed on ascertained principles such as population, area, number of police stations involved and other relevant considerations. these principles shall be applied to all provincial divisions without distinction. the salary scales and perquisites of office enjoyed by the various ranks in the national and provincial divisions shall be determined by the government of sri lanka after consultation with the chief ministers of the provinces. the salary scales and perquisites of office as enjoyed by members of the provincial divisions shall apply uniformly to all provincial divisions. the nature, type and quantity of fire-arms and ammunition and other equipment for the national division shall be determined by the national police commission. the nature, type and quantity of fire-arms and ammunition and other equipment for all provincial divisions shall be determined by the national police commission after consultation with the provincial police commission and uniform standards and principles shall be applied for all provincial divisions. recruitment to the national division shall be made at the ranks of p. c., s.i., and a.s.p.,. recruitment to the provincial division shall be made at the ranks of p.c., s.i., and p.a.s.p (rank referred to in paragraph 2:2 above). recruitment to the national division shall be made by the national police commission and recruitment to the provincial division shall be made by the provincial police commission having regard to the standards of recruitment and other criteria prescribed in this behalf: provided also that a recruit may, on appointment, set out his preferences as to the division in which he wishes to serve and that he shall, if possible, be posted to the division of his choice, with the consent of the division concerned. the government of sri lanka shall be responsible for the training of all recruits to and of members of all divisions of the sri lanka police force. the national police commission may, where he considers it necessary provide for alternate training for members of any provincial division. members of the national division and the provincial divisions shall wear the same uniforms and insignia of rank, provided that uniforms of the members of each division shall bear a distinctive shoulder flash, indicating the division to which he belongs. there shall be one uniformed police force in each province, comprising of the members of the provincial division and the officers seconded thereto. members of the national division shall ordinarily be in plain clothes provided that they may wear uniforms when performing any duties in respect of the maintenance or restoration of public order as set out in paragraph 12:2, 12:3 and 12:4. provided also that the i.g.p. and such other officers as may be specified shall ordinarily be attired in uniforms. all police officers serving in units of the national division and provincial divisions in any province shall function under the direction and control of the d. i. g. of such province. the d. i. g. of the province shall be responsible to and under the control of the chief minister thereof in respect of the maintenance of public order in the province and the exercise of police powers in the province as set out in this schedule. the provisions of paragraph 11:1 above are subject to the qualifications that – upon the declaration of an emergency in the province, the president may assume such powers and responsibilities of the chief minister and the provincial administration in respect of public order within the province as he may, by regulation, provide; and where the president is of the opinion that the security of or public order in a province is threatened by grave internal disturbance, he may, without the declaration of an emergency, but in consultation with the chief minister of such province and subject to the provisions of the public security ordinance, by order, deploy in aid of the civil power, any unit of the national division, in the province for the purpose of restoring public order: provided that every such order shall cease to be in force as soon as the president is satisfied that public order has been restored or on the expiry of thirty days from the date of the order, whichever is earlier. 12 the provincial division shall be responsible for the preservation of public order within the province and the prevention, detection and investigation of all offences (except the offences specified in the schedule) and subject to the powers of the attorney-general in terms of the code of criminal procedure act, the institution of prosecutions in the relevant courts in respect of such offences. the national division of the sri lanka police force shall be responsible for the prevention, detection and investigation of all offences specified in the schedule and subject to the powers of the attorney-general in terms of the code of criminal procedure act, for the institution of prosecutions in the relevant courts in respect of such offences. where the chief minister seeks the assistance of the national division to preserve public order within a province, the i.g.p. shall deploy such personnel of the national division as are necessary for the purpose and place them under the control of the d. i. g. of the province. where a state of emergency is declared in the province, the i.g.p. may deploy such units of the national division as he deems necessary in any province for the restoration and maintenance of public order within such province. any offence which may ordinarily be investigated by a provincial division may be investigated by the c.i.d. or any other unit of the national division – where the chief minister requests, that such investigation be undertaken by the c.i.d. or any other unit of the national division; and where the i.g.p. is of opinion that an investigation of such offence by the c.i.d. or any other unit of the national division is necessary, in the public interest and directs, after consultation with the chief minister and the approval of the attorney-general, that such offence be investigated by the c.i.d. or any other unit of the national division. the national division shall perform all the functions vested in a provincial division, in any province, for a period of one year or until a provincial division is established in such province, whichever is earlier. all gazetted officers of the national division and provincial division shall be required to attain the prescribed standard in sinhala and tamil. all officers of the rank of a.s.p. and above shall also be required to attain the prescribed standard of english. every recruit to the sri lanka police force shall have proficiency in his mother tongue. for the first promotion he shall acquire proficiency in a language other than his mother tongue. for the next promotion he shall acquire a knowledge of the third language. the three languages recognized for this purpose are sinhala, tamil and english. schedule. list of offences to be investigated by the national police offences against the state. offences relating to the navy, army and air force. offences relating to the elections. offences relating to coins, currency and government stamps. any offence committed against the president. any offence committed against a public officer, a judicial officer, or the speaker, or the prime minister or a minister, or a member of the judicial service commission, or a member of the public service commission or a deputy minister or a member of parliament or the secretary-general of parliament or a member of the president’s staff or a member of the staff of the secretary-general of parliament. any offence relating to property belonging to the state or a state corporation or company or establishment, the whole or part of the capital whereof has been provided by the state. any offence prejudicial to national security or the maintenance of essential services. any offence under any law relating to any matter in the reserve list other than such offences as the president may, by order published in the gazette, exclude. any offence in respect of which courts in more than one province have jurisdiction. international crimes. appendix ii. land and land settlement state land shall continue to vest in the republic and may be disposed of in accordance with article 33(d) and written law governing this matter. subject as aforesaid, land shall be provincial council subject, subject to the following special provisions:– state land – state land required for the purposes of the government in a province, in respect of a reserved or concurrent subject may be utilised by the government in accordance with the laws governing the matter. the government shall consult the relevant provincial council with regard to the utilisation of such land in respect of such subject. government shall make available to every provincial council state land within the province required by such council for a provincial council subject. the provincial council shall administer, control and utilise such state land, in accordance with the laws and statutes governing the matter. alienation or disposition of the state land within a province to any citizen or to any organisation shall be by the president, on the advice of the relevant provincial council, in accordance with the laws governing the matter. inter-provincial irrigation and land development projects. such projects would comprise irrigation and land development schemes – within the province initiated by the state and which utilize water from rivers flowing through more than one province; a provincial council however, may also initiate irrigation and land development schemes within its province utilizing water from such rivers; within the province which utilize water through diversions from water systems from outside the province; and all schemes where the command area falls within two or more provinces such as the mahaweli development project. these projects will be the responsibility of the government of sri lanka. the principles and criteria regarding the size of holdings of agricultural and homestead lands arising out of these projects will be determined by the government of sri lanka in consultation with the provincial councils. the selection of allottees for such lands will be determined by the government of sri lanka having regard to settler selection criteria including degree of landlessness, income level, size of family and agricultural background of the applicants. the actual application of these principles, selection of allottees and other incidental matters connected thereto will be within the powers of the provincial councils. the distribution of all allotments of such land in such projects will be on the basis of national ethnic ratio. in the distribution of allotments according to such ratios, priority will be given to persons who are displaced by the project, landless of the district in which the project is situated and thereafter the landless of the province. where the members of any community do not, or are unable to take their entitlements of allotments from any such project, they would be entitled to receive an equivalent number of allotments in another inter-provincial irrigation or land development scheme. this unused quota should be utilized within a given time-frame. the distribution of allotments in such projects on the basis of the aforesaid principles would be done as far as possible so as not to disturb very significantly the demographic pattern of the province and in accordance with the principle of ensuring community cohesiveness in human settlements. the administration and management of such projects will be done by the government of sri lanka. national land commission. the government of sri lanka shall establish a national land commission which would be responsible for the formulation of national policy with regard to the use of state land. this commission will include representatives of all provincial councils in the island. the national land commission will have a technical secretariat representing all the relevant disciplines required to evaluate the physical as well as the socioeconomic factors that are relevant to natural resources management. national policy on land use will be based on technical aspects (not on political or communal aspects), and the commission will lay down general norms in regard to the use of land, having regard to soil, climate, rainfall, soil erosion, forest cover, environmental factors, economic viability, &c. in the exercise of the powers devolved on them, the powers shall be exercised by the provincial councils having due regard to the national policy formulated by the national land commission. appendix iii. education provision of facilities for all state schools other than specified schools (specified schools will be national schools, special schools for service personnel and schools for specified development schemes). supervision of the management of – all pre-schools; and all state schools other than specified schools indicated above. (in order to ensure standards the ministry of education will retain the right to inspect and supervise the management of schools). the transfer and disciplinary control of all educational personnel, i. e. teachers, principals and education officers, officers belonging to a national service but serving the provincial authority on secondment will have the right of appeal to the public service commission. officers belonging to the provincial public service will have a right to appeal to the public service commission against dismissal. recruitment into the teaching service of those with diplomas and degrees, from colleges of education and universities, recognised as teaching qualifications. until adequate numbers of these categories are available recruitment into the teaching service will be on the results of recruitment examinations conducted by the public service commission. on the results of these examinations interviews and selection will be conducted together with the provincial authorities. appointment of principals of all schools other than those in 1a, b, c categories. (criteria will be laid down by the minister of education). appointment of principals of 1a, b, c schools will be by the secretary to the ministry of the minister in charge of the subject of education of the public service commission. training of teachers and other educational personnel will come within the purview of the national institute of education. provincial authorities will indicate their needs to the national institute of education. appointment of provincial boards of education which will have the advisory functions, will be the responsibility of the minister of education. however, this will be done with the concurrence of the chief minister of the provincial authority. provincial authorities will establish school boards conforming to the specifications laid down by the ministry of education. provincial authorities will supervise the working of school boards. preparation of plans (educational development plan and annual implementation plan) will be the responsibility of the provincial authority. implementation of the annual education development plan. appraisal of the performance of principals, teachers and education officers. conducting of in-service training programmes for which prior approval of the national institute of education has been obtained. conducting of local examinations approved by the commissioner-general of examinations. implementation of non-formal education programmes. registration and supervision of pre-schools. obtaining the approval of the national institute of education for local variations in the primary curriculum and selected subjects in the secondary curriculum. construction and maintenance of educational buildings, libraries and playgrounds. procuring and distribution of teaching aids, visual aids and audio visual materials, furniture and other equipment. procuring and distribution of science equipment other than certain specified items indicated by the ministry. production and distribution of school textbooks after approval by the ministry. organization and development of school libraries in accordance with guidelines given by the national library services board. list ii. reserved list national policy on all subjects and functions defence and national security: internal security; law and order and prevention and detection of crime except do the extent specified in item 1 of list i. this would include – defence of sri lanka and every part thereof including preparation for defence and all such acts as may be conducive in times of war to its prosecution and after its termination, to effective demobilisation; naval, military and air forces; any other armed forces of the government of sri lanka; deployment of any armed force of the government of sri lanka or any other force subject to the control of the government of sri lanka or any contingent or unit thereof in any province in aid of the civil power; powers, jurisdiction, privileges and liabilities of the members of such forces while on such deployment; delimitation of cantonment areas, local self-government in such areas, the constitution and powers within such areas of cantonment authorities and the regulation of house accommodation (including the control of rents) in such areas; naval, military and air force works; arms, firearms, ammunition and explosives; atomic energy and mineral resources necessary for its production; industries declared by parliament by law to be necessary for the purpose of defence or for the prosecution of war; criminal investigation department; preventive detention for reasons connected with defence, foreign affairs, or the security of sri lanka, persons subjected to such detention; and extension of the powers and jurisdiction of members of a police force belonging to any province to any area outside that province, but not so as to enable the police of one province to exercise powers and jurisdiction in any area outside that province without the consent of the provincial council in which such area is situated; extension of the powers and jurisdiction of members of a police force belonging to any province to railway areas outside that province. foreign affairs this would include – foreign affairs; all matters which bring the government of sri lanka into relation with any foreign country; diplomatic, consular and trade representation; united nations organization; participation in international conferences, associations and other bodies and implementing of decisions made thereat; entering into treaties and agreements with foreign countries and implementing treaties, agreements and conventions with foreign countries; war and peace; and foreign jurisdiction. posts and telecommunications; broadcasting; television this would include – posts and telegraphs; telephones; wireless, broadcasting and other like forms of communications; and sanctioning of cinematograph films for exhibition. justice in so far as it relates to the judiciary and the courts structure. this would include – constitution, organisation, jurisdiction and powers of the supreme court including contempt of such court) and the fees taken therein; persons entitled to practise before the supreme court, court of appeal and other courts; constitution, organisation, jurisdiction and powers of the court of appeal and the fees taken therein; and jurisdiction and powers of all courts, except the supreme court and the court of appeal. finance in relation to national revenue, monetary policy and external resources; customs. this would include – public debt of the government of sri lanka; currency, coinage and legal tender; foreign exchange; foreign loans; central bank; national savings bank; lotteries organised by the government of sri lanka or a provincial council; banking; bills of exchange, cheques, promissory notes and other like instruments; insurance; stock exchanges and future markets; audit of the accounts of the government of sri lanka and of the provinces; taxes on income, capital and wealth of individuals, companies and corporations; customs duties, including import and export duties and excise duties; turnover taxes and stamp duties, except to the extent specified in list i; any other tax or fee not specified in list i. foreign trade; inter-province trade and commerce this would include – trade and commerce with foreign countries; import and export across customs frontiers; definition of customs frontiers; and inter-province trade and commerce. ports and harbours this would include – ports declared by or under law made by parliament or existing law to be major ports including their delimitation and the constitution and powers of port authorities therein; and port quarantine, including hospitals connected therewith; seamen’s and marine hospitals. aviation and airports this would include – airways; aircraft and air navigation; provision of aerodromes; regulation and organisation of air traffic and of aerodromes; provision for aeronautical education and training and regulation of such education and training provided by provinces and other agencies. national transport this would include – railways; highways declared by or under law made by parliament to be national highways; and carriage of passengers and goods by railway, land, sea or air or by national waterways in mechanically propelled vessels. rivers and waterways; shipping and navigation; maritime zones including historical waters, territorial waters, exclusive economic zone and continental shelf and internal waters; state lands and foreshore, except to the extent specified in item 18 of list i. this would include – piracies and crimes committed on the high seas or in the air; offences against the law of nations committed on land or the high seas or in the air; shipping and navigation on inland waterways, declared by parliament by law to be national waterways, as regards mechanically propelled vessels; the rule of the road on such waterways; maritime shipping and navigation, including shipping and navigation on tidal waters; provision of education and training for the mercantile marine and regulation of such education and training provided by provinces and other agencies; lighthouses, including lightships, beacons and other provision for the safety of shipping and aircraft; regulation and development of inter province rivers; and river valleys to the extent to which such regulation and development under the control of the government of sri lanka is declared by parliament by law to be expedient in the public interest; fishing and fisheries beyond territorial waters; and property of the government of sri lanka and the revenue therefrom, but as regards property situated in a province, subject to statutes made by the province save in so far as parliament by law otherwise provides. minerals and mines this would include – regulation and development of oil fields and mineral oil resources; petroleum and petroleum products; other liquids and substances declared by parliament by law to be dangerously inflammable; and regulation of mines and mineral development to the extent to which such regulation and development under the control of the government of sri lanka is declared by parliament by law to be expedient in the public interest. immigration and emigration and citizenship this would include – citizenship, naturalization and aliens; extradition; and admission into and emigration and expulsion from, sri lanka; passports and visas. elections including presidential, parliamentary, provincial councils and local authorities this would include – elections to parliament, provincial councils, local authorities and to the office of president; the department of elections. census and statistics this would include – census; and inquiries, surveys and statistics for the purposes of any of the matters in this list. professional occupations and training this would include – institutions, such as universities, declared by parliament by law to be institutions of national importance; institutions for scientific or technical education by the government of sri lanka wholly or in part and declared by parliament by law to be institutions of national importance; provincial agencies and institutions for – professional, vocational or technical training, including the training of police officers; or the promotion of special studies or research; or scientific or technical assistance in the investigation or detection of crime; and co-ordination and determination of standards in institutions for higher education or research and scientific and technical institutions. national archives; archaeological activities and sites and antiquities declared by or under any law made by parliament to be of national importance. this would include – ancient and historical monuments and records and archaeological sites and remains declared by or under law made by parliament to be of national importance. all subjects and functions not specified in list i or list iii including – pilgrimages to places outside sri lanka; incorporation, regulation and winding up of trading corporations, including banking, insurance and financial corporations but not including co-operative societies; incorporation, regulation and winding up of corporations, whether trading or not, with objects not confined to one province, but not including universities; patents, inventions and designs; copyright, trade marks and merchandise marks; establishment of standards of weight and measure; establishment of standards of quality for goods to be exported out of sri lanka or transported from one province to another; industries, the control of which by the government of sri lanka is declared by parliament by law to be expedient in the public interest; regulation of labour and safety in mines; manufacture, supply and distribution of salt by agencies of the government of sri lanka; regulation and control of manufacture, supply and distribution of salt by other agencies; cultivation, manufacture and sale for export, of opium; industrial disputes concerning employees of the government of sri lanka; institutions such as museums and war memorials financed by the government of sri lanka wholly or in part and declared by parliament by law to be institutions of national importance; the survey of sri lanka, the geological, botanical, zoological and anthropological surveys of sri lanka; meteorological organizations; national public services; national public service commission; pensions, that is to say, pensions payable by the government of sri lanka or out of the consolidated fund; salaries and allowances of members of parliament and the speaker and deputy speaker of parliament; powers, privileges and immunities of parliament and of the members and the committees of parliament; enforcement of attendance of persons for giving evidence or producing documents before committees of parliament or commissions appointed by parliament; emoluments, allowances, privileges and rights in respect of leave of absence, of the president and governors; salaries and allowances of the ministers of the government of sri lanka; the salaries, allowances and rights in respect of leave of absence and other conditions of service of the auditor-general; inter-province migration; inter-province quarantine; offences against laws with respect to any of the matters in this list; and fees in respect of any of the matters in this list, but not including fees taken in any court. list iii. concurrent list planningformulation and appraisal of plan implementation strategies at the provincial level; progress control; monitoring progress of public and private sector investment programmes; the evaluation of the performance of institutions and enterprises engaged in economic activities; the presentation of relevant data in the achievement of plan targets ; the dissemination of information concerning achievement of plan targets; publicity of implementation programmes; manpower planning and employment data bank; nutritional planning and programmes. 2 and 3 education and educational services. education, except to the extent specified in items 3 and 4 of list i. higher educationthe establishment and maintenance of new universities. the establishment of degree awarding institutions under the universities (amendment) act, no. 7 of 1985, and other institutions for tertiary, technical and post-school education and training. national housing and construction. -the promotion of integrated planning and implementation of economic, social and physical development of urban development areas. acquisition and requisitioning of property. social services and rehabilitationrelief, rehabilitation and resettlement of displaced persons; relief of distress due to floods, droughts, epidemics or other exceptional causes and rehabilitation and resettlement of those affected; restoration, reconstruction and rehabilitation of towns, villages, public institutions and properties, industries, business places, places of worship and other properties destroyed or damaged, grant of compensation or relief to persons of institutions who have sustained loss or damage and the reorganization of civil life. agricultural and agrarian services – establishment and promotion of agro-linked industries, the establishment and maintenance of farms and supervision of private nurseries; soil conservation; plant pests. healthschools for training of auxiliary medical personnel; the supervision of private medical care, control of nursing homes and of diagnostic facilities within a province; population control and family planning; constitution of provincial medical boards. registration of births, marriages and deaths. renaming of towns and villages. private lotteries within the province. festivals and exhibitions. rationing of food and maintenance of food stocks. co-operatives, co-operative banks. surveys for the purpose of any of the matters enumerated in the provincial or concurrent list. irrigationwater storage and management, drainage and embankments, flood protection, planning of water resources; services provided for inter-provincial land and irrigation schemes, such as those relating to rural development, health, education, vocational training, co-operatives and other facilities. social forestry and protection of wild animals and birds. fisheries. other than fishing beyond territorial waters. animal husbandryproduction, processing, distribution and sale of livestock and livestock products; veterinary training services and research, inclusive of the provision of science laboratories and science equipment; animal breeding, care and health, the establishment of pastures. employmentemployment planning at provincial level; special employment programmes relating to the province; promotion of youth employment activities relating to the province; technical manpower development programmes in relation to the province. tourism. development and control of the tourist industry in the province. trade and commerce in, and the production, supply and distribution of – the products of any industry where the control of such industry by the government is declared by parliament by law to be expedient in the public interest, and imported goods of the same kind as such products; and foodstuffs and cattle fodder. newspapers, books and periodicals and printing presses. offences against statutes with respect to any matters specified in this list. fees in respect of any of the matters in this list, excluding fees taken in any court. charities and charitable institutions, charitable and religious endowments and religious institutions. price control. inquiries and statistics for the purpose of any of the matters in this list or in the provincial council list. adulteration of foodstuffs and other goods. drugs and poisons. extension of electrification within the province and the promotion and regulation of the use of electricity within the province. protection of the environment. archaeological sites and remains, other than those declared by or under any law made by parliament to be of national importance. prevention of the extension from one province to another of infectious or contagious diseases or pests affecting human beings, animals or plants. pilgrimages. constitution act 1867 an act for the union of canada, nova scotia, and new brunswick, and the government thereof; and for purposes connected therewith (29th march 1867) whereas the provinces of canada, nova scotia, and new brunswick have expressed their desire to be federally united into one dominion under the crown of the united kingdom of great britain and ireland, with a constitution similar in principle to that of the united kingdom: and whereas such a union would conduce to the welfare of the provinces and promote the interests of the british empire: and whereas on the establishment of the union by authority of parliament it is expedient, not only that the constitution of the legislative authority in the dominion be provided for, but also that the nature of the executive government therein be declared: and whereas it is expedient that provision be made for the eventual admission into the union of other parts of british north america: i. preliminary 1. short title this act may be cited as the constitution act, 1867. 2. repealed ii. union 3. declaration of union it shall be lawful for the queen, by and with the advice of her majesty’s most honourable privy council, to declare by proclamation that, on and after a day therein appointed, not being more than six months after the passing of this act, the provinces of canada, nova scotia, and new brunswick shall form and be one dominion under the name of canada; and on and after that day those three provinces shall form and be one dominion under that name accordingly. 4. construction of subsequent provisions of act unless it is otherwise expressed or implied, the name canada shall be taken to mean canada as constituted under this act. 5. four provinces canada shall be divided into four provinces, named ontario, quebec, nova scotia, and new brunswick. 6. provinces of ontario and quebec the parts of the province of canada (as it exists at the passing of this act) which formerly constituted respectively the provinces of upper canada and lower canada shall be deemed to be severed, and shall form two separate provinces. the part which formerly constituted the province of upper canada shall constitute the province of ontario; and the part which formerly constituted the province of lower canada shall constitute the province of quebec. 7. provinces of nova scotia and new brunswick the provinces of nova scotia and new brunswick shall have the same limits as at the passing of this act. 8. decennial census in the general census of the population of canada which is hereby required to be taken in the year one thousand eight hundred and seventy-one, and in every tenth year thereafter, the respective populations of the four provinces shall be distinguished. iii. executive power 9. declaration of executive power in the queen the executive government and authority of and over canada is hereby declared to continue and be vested in the queen. 10. application of provisions referring to governor general the provisions of this act referring to the governor general extend and apply to the governor general for the time being of canada, or other the chief executive officer or administrator for the time being carrying on the government of canada on behalf and in the name of the queen, by whatever title he is designated. 11. constitution of privy council for canada there shall be a council to aid and advise in the government of canada, to be styled the queen’s privy council for canada; and the persons who are to be members of that council shall be from time to time chosen and summoned by the governor general and sworn in as privy councillors, and members thereof may be from time to time removed by the governor general. 12. all powers under acts to be exercised by governor general with advice of privy council, or alone all powers, authorities, and functions which under any act of the parliament of great britain, or of the parliament of the united kingdom of great britain and ireland, or of the legislature of upper canada, lower canada, canada, nova scotia, or new brunswick, are at the union vested in or exerciseable by the respective governors or lieutenant governors of those provinces, with the advice, or with the advice and consent, of the respective executive councils thereof, or in conjunction with those councils, or with any number of members thereof, or by those governors or lieutenant governors individually, shall, as far as the same continue in existence and capable of being exercised after the union in relation to the government of canada, be vested in and exerciseable by the governor general, with the advice or with the advice and consent of or in conjunction with the queen’s privy council for canada, or any members thereof, or by the governor general individually, as the case requires, subject nevertheless (except with respect to such as exist under acts of the parliament of great britain or of the parliament of the united kingdom of great britain and ireland) to be abolished or altered by the parliament of canada. 13. application of provisions referring to governor general in council the provisions of this act referring to the governor general in council shall be construed as referring to the governor general acting by and with the advice of the queen’s privy council for canada. 14. power to her majesty to authorize governor general to appoint deputies it shall be lawful for the queen, if her majesty thinks fit, to authorize the governor general from time to time to appoint any person or any persons jointly or severally to be his deputy or deputies within any part or parts of canada, and in that capacity to exercise during the pleasure of the governor general such of the powers, authorities, and functions of the governor general as the governor general deems it necessary or expedient to assign to him or them, subject to any limitations or directions expressed or given by the queen; but the appointment of such a deputy or deputies shall not affect the exercise by the governor general himself of any power, authority, or function. 15. command of armed forces to continue to be vested in the queen the command-in-chief of the land and naval militia, and of all naval and military forces, of and in canada, is hereby declared to continue and be vested in the queen. 16. seat of government of canada until the queen otherwise directs, the seat of government of canada shall be ottawa. iv. legislative power 17. constitution of parliament of canada there shall be one parliament for canada, consisting of the queen, an upper house styled the senate, and the house of commons. 18. privileges, etc., of houses the privileges, immunities, and powers to be held, enjoyed, and exercised by the senate and by the house of commons, and by the members thereof respectively, shall be such as are from time to time defined by act of the parliament of canada, but so that any act of the parliament of canada defining such privileges, immunities, and powers shall not confer any privileges, immunities, or powers exceeding those at the passing of such act held, enjoyed, and exercised by the commons house of parliament of the united kingdom of great britain and ireland, and by the members thereof. 19. first session of the parliament of canada the parliament of canada shall be called together not later than six months after the union. 20. repealed part 1. the senate 21. number of senators the senate shall, subject to the provisions of this act, consist of one hundred and five members, who shall be styled senators. 22. representation of provinces in senate in relation to the constitution of the senate canada shall be deemed to consist of four divisions: ontario; quebec; the maritime provinces, nova scotia and new brunswick, and prince edward island; the western provinces of manitoba, british columbia, saskatchewan, and alberta; which four divisions shall (subject to the provisions of this act) be equally represented in the senate as follows: ontario by twenty-four senators; quebec by twentyfour senators; the maritime provinces and prince edward island by twenty-four senators, ten thereof representing nova scotia, ten thereof representing new brunswick, and four thereof representing prince edward island; the western provinces by twenty-four senators, six thereof representing manitoba, six thereof representing british columbia, six thereof representing saskatchewan, and six thereof representing alberta; newfoundland shall be entitled to be represented in the senate by six members; the yukon territory, the northwest territories and nunavut shall be entitled to be represented in the senate by one member each. in the case of quebec each of the twenty-four senators representing that province shall be appointed for one of the twenty-four electoral divisions of lower canada specified in schedule a. to chapter one of the consolidated statutes of canada. 23. qualifications of senator the qualifications of a senator shall be as follows: he shall be of the full age of thirty years; he shall be either a natural-born subject of the queen, or a subject of the queen naturalized by an act of the parliament of great britain, or of the parliament of the united kingdom of great britain and ireland, or of the legislature of one of the provinces of upper canada, lower canada, canada, nova scotia, or new brunswick, before the union, or of the parliament of canada after the union; he shall be legally or equitably seised as of freehold for his own use and benefit of lands or tenements held in free and common socage, or seised or possessed for his own use and benefit of lands or tenements held in franc-alleu or in roture, within the province for which he is appointed, of the value of four thousand dollars, over and above all rents, dues, debts, charges, mortgages, and incumbrances due or payable out of or charged on or affecting the same; his real and personal property shall be together worth four thousand dollars over and above his debts and liabilities; he shall be resident in the province for which he is appointed; in the case of quebec he shall have his real property qualification in the electoral division for which he is appointed, or shall be resident in that division. 24. summons of senator the governor general shall from time to time, in the queen’s name, by instrument under the great seal of canada, summon qualified persons to the senate; and, subject to the provisions of this act, every person so summoned shall become and be a member of the senate and a senator. 25. repealed 26. addition of senators in certain cases if at any time on the recommendation of the governor general the queen thinks fit to direct that four or eight members be added to the senate, the governor general may by summons to four or eight qualified persons (as the case may be), representing equally the four divisions of canada, add to the senate accordingly. 27. reduction of senate to normal number in case of such addition being at any time made, the governor general shall not summon any person to the senate, except on a further like direction by the queen on the like recommendation, to represent one of the four divisions until such division is represented by twenty-four senators and no more. 28. maximum number of senators the number of senators shall not at any time exceed one hundred and thirteen. � 1. tenure of place in senate subject to subsection (2), a senator shall, subject to the provisions of this act, hold his place in the senate for life. 2. retirement upon attaining age of seventy-five years a senator who is summoned to the senate after the coming into force of this subsection shall, subject to this act, hold his place in the senate until he attains the age of seventy-five years. 30. resignation of place in senate a senator may by writing under his hand addressed to the governor general resign his place in the senate, and thereupon the same shall be vacant. 31. disqualification of senators the place of a senator shall become vacant in any of the following cases: if for two consecutive sessions of the parliament he fails to give his attendance in the senate; if he takes an oath or makes a declaration or acknowledgment of allegiance, obedience, or adherence to a foreign power, or does an act whereby he becomes a subject or citizen, or entitled to the rights or privileges of a subject or citizen, of a foreign power; if he is adjudged bankrupt or insolvent, or applies for the benefit of any law relating to insolvent debtors, or becomes a public defaulter; if he is attainted of treason or convicted of felony or of any infamous crime; if he ceases to be qualified in respect of property or of residence; provided, that a senator shall not be deemed to have ceased to be qualified in respect of residence by reason only of his residing at the seat of the government of canada while holding an office under that government requiring his presence there. 32. summons on vacancy in senate when a vacancy happens in the senate by resignation, death, or otherwise, the governor general shall by summons to a fit and qualified person fill the vacancy. 33. questions as to qualifications and vacancies in senate if any question arises respecting the qualification of a senator or a vacancy in the senate the same shall be heard and determined by the senate. 34. appointment of speaker of senate the governor general may from time to time, by instrument under the great seal of canada, appoint a senator to be speaker of the senate, and may remove him and appoint another in his stead. 35. quorum of senate until the parliament of canada otherwise provides, the presence of at least fifteen senators, including the speaker, shall be necessary to constitute a meeting of the senate for the exercise of its powers. 36. voting in senate questions arising in the senate shall be decided by a majority of voices, and the speaker shall in all cases have a vote, and when the voices are equal the decision shall be deemed to be in the negative. part 2. the house of commons 37. constitution of house of commons in canada the house of commons shall, subject to the provisions of this act, consist of three hundred and eight members of whom one hundred and six shall be elected for ontario, seventy-five for quebec, eleven for nova scotia, ten for new brunswick, fourteen for manitoba, thirty-six for british columbia, four for prince edward island, twenty-eight for alberta, fourteen for saskatchewan, seven for newfoundland, one for the yukon territory, one for the northwest territories and one for nunavut. 38. summoning of house of commons the governor general shall from time to time, in the queen’s name, by instrument under the great seal of canada, summon and call together the house of commons. 39. senators not to sit in house of commons a senator shall not be capable of being elected or of sitting or voting as a member of the house of commons. 40. electoral districts of the four provinces until the parliament of canada otherwise provides, ontario, quebec, nova scotia, and new brunswick shall, for the purposes of the election of members to serve in the house of commons, be divided into electoral districts as follows: ontario shall be divided into the counties, ridings of counties, cities, parts of cities, and towns enumerated in the first schedule to this act, each whereof shall be an electoral district, each such district as numbered in that schedule being entitled to return one member. quebec shall be divided into sixty-five electoral districts, composed of the sixty-five electoral divisions into which lower canada is at the passing of this act divided under chapter two of the consolidated statutes of canada, chapter seventy-five of the consolidated statutes for lower canada, and the act of the province of canada of the twenty-third year of the queen, chapter one, or any other act amending the same in force at the union, so that each such electoral division shall be for the purposes of this act an electoral district entitled to return one member. each of the eighteen counties of nova scotia shall be an electoral district. the county of halifax shall be entitled to return two members, and each of the other counties one member. each of the fourteen counties into which new brunswick is divided, including the city and county of st. john, shall be an electoral district. the city of st. john shall also be a separate electoral district. each of those fifteen electoral districts shall be entitled to return one member. 41. continuance of existing election laws until parliament of canada otherwise provides until the parliament of canada otherwise provides, all laws in force in the several provinces at the union relative to the following matters or any of them, namely, — the qualifications and disqualifications of persons to be elected or to sit or vote as members of the house of assembly or legislative assembly in the several provinces, the voters at elections of such members, the oaths to be taken by voters, the returning officers, their powers and duties, the proceedings at elections, the periods during which elections may be continued, the trial of controverted elections, and proceedings incident thereto, the vacating of seats of members, and the execution of new writs in case of seats vacated otherwise than by dissolution, — shall respectively apply to elections of members to serve in the house of commons for the same several provinces. provided that, until the parliament of canada otherwise provides, at any election for a member of the house of commons for the district of algoma, in addition to persons qualified by the law of the province of canada to vote, every male british subject, aged twenty-one years or upwards, being a householder, shall have a vote. 42. repealed 43. repealed 44. as to election of speaker of house of commons the house of commons on its first assembling after a general election shall proceed with all practicable speed to elect one of its members to be speaker. 45. as to filling up vacancy in office of speaker in case of a vacancy happening in the office of speaker by death, resignation, or otherwise, the house of commons shall with all practicable speed proceed to elect another of its members to be speaker. 46. speaker to preside the speaker shall preside at all meetings of the house of commons. 47. provision in case of absence of speaker until the parliament of canada otherwise provides, in case of the absence for any reason of the speaker from the chair of the house of commons for a period of forty-eight consecutive hours, the house may elect another of its members to act as speaker, and the member so elected shall during the continuance of such absence of the speaker have and execute all the powers, privileges, and duties of speaker. 48. quorum of house of commons the presence of at least twenty members of the house of commons shall be necessary to constitute a meeting of the house for the exercise of its powers, and for that purpose the speaker shall be reckoned as a member. 49. voting in house of commons questions arising in the house of commons shall be decided by a majority of voices other than that of the speaker, and when the voices are equal, but not otherwise, the speaker shall have a vote. 50. duration of house of commons every house of commons shall continue for five years from the day of the return of the writs for choosing the house (subject to be sooner dissolved by the governor general), and no longer. � 1. readjustment of representation in commons the number of members of the house of commons and the representation of the provinces therein shall, on the completion of each decennial census, be readjusted by such authority, in such manner, and from such time as the parliament of canada provides from time to time, subject and according to the following rules: there shall be assigned to each of the provinces a number of members equal to the number obtained by dividing the population of the province by the electoral quotient and rounding up any fractional remainder to one. if the number of members assigned to a province by the application of rule 1 and section 51a is less than the total number assigned to that province on the date of the coming into force of the constitution act, 1985 (representation), there shall be added to the number of members so assigned such number of members as will result in the province having the same number of members as were assigned on that date. after the application of rules 1 and 2 and section 51a, there shall, in respect of each province that meets the condition set out in rule 4, be added, if necessary, a number of members such that, on the completion of the readjustment, the number obtained by dividing the number of members assigned to that province by the total number of members assigned to all the provinces is as close as possible to, without being below, the number obtained by dividing the population of that province by the total population of all the provinces. rule 3 applies to a province if, on the completion of the preceding readjustment, the number obtained by dividing the number of members assigned to that province by the total number of members assigned to all the provinces was equal to or greater than the number obtained by dividing the population of that province by the total population of all the provinces, the population of each province being its population as at july 1 of the year of the decennial census that preceded that readjustment according to the estimates prepared for the purpose of that readjustment. unless the context indicates otherwise, in these rules, the population of a province is the estimate of its population as at july 1 of the year of the most recent decennial census. in these rules, “electoral quotient” means 111,166, in relation to the readjustment following the completion of the 2011 decennial census, and in relation to the readjustment following the completion of any subsequent decennial census, the number obtained by multiplying the electoral quotient that was applied in the preceding readjustment by the number that is the average of the numbers obtained by dividing the population of each province by the population of the province as at july 1 of the year of the preceding decennial census according to the estimates prepared for the purpose of the preceding readjustment, and rounding up any fractional remainder of that multiplication to one. 1.1. population estimates for the purpose of the rules in subsection (1), there is required to be prepared an estimate of the population of canada and of each province as at july 1, 2001 and july 1, 2011 — and, in each year following the 2011 decennial census in which a decennial census is taken, as at july 1 of that year — by such authority, in such manner, and from such time as the parliament of canada provides from time to time. 2. yukon territory, northwest territories and nunavut the yukon territory as bounded and described in the schedule to chapter y-2 of the revised statutes of canada, 1985, shall be entitled to one member, the northwest territories as bounded and described in section 2 of chapter n-27 of the revised statutes of canada, 1985, as amended by section 77 of chapter 28 of the statutes of canada, 1993, shall be entitled to one member, and nunavut as bounded and described in section 3 of chapter 28 of the statutes of canada, 1993, shall be entitled to one member. 51a. constitution of house of commons notwithstanding anything in this act a province shall always be entitled to a number of members in the house of commons not less than the number of senators representing such province. 52. increase of number of house of commons the number of members of the house of commons may be from time to time increased by the parliament of canada, provided the proportionate representation of the provinces prescribed by this act is not thereby disturbed. part 3. money votes; royal assent 53. appropriation and tax bills bills for appropriating any part of the public revenue, or for imposing any tax or impost, shall originate in the house of commons. 54. recommendation of money votes it shall not be lawful for the house of commons to adopt or pass any vote, resolution, address, or bill for the appropriation of any part of the public revenue, or of any tax or impost, to any purpose that has not been first recommended to that house by message of the governor general in the session in which such vote, resolution, address, or bill is proposed. 55. royal assent to bills, etc where a bill passed by the houses of the parliament is presented to the governor general for the queen’s assent, he shall declare, according to his discretion, but subject to the provisions of this act and to her majesty’s instructions, either that he assents thereto in the queen’s name, or that he withholds the queen’s assent, or that he reserves the bill for the signification of the queen’s pleasure. 56. disallowance by order in council of act assented to by governor general where the governor general assents to a bill in the queen’s name, he shall by the first convenient opportunity send an authentic copy of the act to one of her majesty’s principal secretaries of state, and if the queen in council within two years after receipt thereof by the secretary of state thinks fit to disallow the act, such disallowance (with a certificate of the secretary of state of the day on which the act was received by him) being signified by the governor general, by speech or message to each of the houses of the parliament or by proclamation, shall annul the act from and after the day of such signification. 57. signification of queen’s pleasure on bill reserved a bill reserved for the signification of the queen’s pleasure shall not have any force unless and until, within two years from the day on which it was presented to the governor general for the queen’s assent, the governor general signifies, by speech or message to each of the houses of the parliament or by proclamation, that it has received the assent of the queen in council. an entry of every such speech, message, or proclamation shall be made in the journal of each house, and a duplicate thereof duly attested shall be delivered to the proper officer to be kept among the records of canada. v. provincial constitutions part 1. executive power 58. appointment of lieutenant governors of provinces for each province there shall be an officer, styled the lieutenant governor, appointed by the governor general in council by instrument under the great seal of canada. 59. tenure of office of lieutenant governor a lieutenant governor shall hold office during the pleasure of the governor general; but any lieutenant governor appointed after the commencement of the first session of the parliament of canada shall not be removeable within five years from his appointment, except for cause assigned, which shall be communicated to him in writing within one month after the order for his removal is made, and shall be communicated by message to the senate and to the house of commons within one week thereafter if the parliament is then sitting, and if not then within one week after the commencement of the next session of the parliament. 60. salaries of lieutenant governors the salaries of the lieutenant governors shall be fixed and provided by the parliament of canada. 61. oaths, etc., of lieutenant governor every lieutenant governor shall, before assuming the duties of his office, make and subscribe before the governor general or some person authorized by him oaths of allegiance and office similar to those taken by the governor general. 62. application of provisions referring to lieutenant governor the provisions of this act referring to the lieutenant governor extend and apply to the lieutenant governor for the time being of each province, or other the chief executive officer or administrator for the time being carrying on the government of the province, by whatever title he is designated. 63. appointment of executive officers for ontario and quebec the executive council of ontario and of quebec shall be composed of such persons as the lieutenant governor from time to time thinks fit, and in the first instance of the following officers, namely, — the attorney general, the secretary and registrar of the province, the treasurer of the province, the commissioner of crown lands, and the commissioner of agriculture and public works, with in quebec the speaker of the legislative council and the solicitor general. (31) 64. executive government of nova scotia and new brunswick the constitution of the executive authority in each of the provinces of nova scotia and new brunswick shall, subject to the provisions of this act, continue as it exists at the union until altered under the authority of this act. 65. powers to be exercised by lieutenant governor of ontario or quebec with advice, or alone all powers, authorities, and functions which under any act of the parliament of great britain, or of the parliament of the united kingdom of great britain and ireland, or of the legislature of upper canada, lower canada, or canada, were or are before or at the union vested in or exerciseable by the respective governors or lieutenant governors of those provinces, with the advice or with the advice and consent of the respective executive councils thereof, or in conjunction with those councils, or with any number of members thereof, or by those governors or lieutenant governors individually, shall, as far as the same are capable of being exercised after the union in relation to the government of ontario and quebec respectively, be vested in and shall or may be exercised by the lieutenant governor of ontario and quebec respectively, with the advice or with the advice and consent of or in conjunction with the respective executive councils, or any members thereof, or by the lieutenant governor individually, as the case requires, subject nevertheless (except with respect to such as exist under acts of the parliament of great britain, or of the parliament of the united kingdom of great britain and ireland,) to be abolished or altered by the respective legislatures of ontario and quebec. 66. application of provisions referring to lieutenant governor in council the provisions of this act referring to the lieutenant governor in council shall be construed as referring to the lieutenant governor of the province acting by and with the advice of the executive council thereof. 67. administration in absence, etc., of lieutenant governor the governor general in council may from time to time appoint an administrator to execute the office and functions of lieutenant governor during his absence, illness, or other inability. 68. seats of provincial governments unless and until the executive government of any province otherwise directs with respect to that province, the seats of government of the provinces shall be as follows, namely, — of ontario, the city of toronto; of quebec, the city of quebec; of nova scotia, the city of halifax; and of new brunswick, the city of fredericton. part 2. legislative power a. ontario 69. legislature for ontario there shall be a legislature for ontario consisting of the lieutenant governor and of one house, styled the legislative assembly of ontario. 70. electoral districts the legislative assembly of ontario shall be composed of eighty-two members, to be elected to represent the eighty-two electoral districts set forth in the first schedule to this act. b. quebec 71. legislature for quebec there shall be a legislature for quebec consisting of the lieutenant governor and of two houses, styled the legislative council of quebec and the legislative assembly of quebec. 72. constitution of legislative council the legislative council of quebec shall be composed of twenty-four members, to be appointed by the lieutenant governor, in the queen’s name, by instrument under the great seal of quebec, one being appointed to represent each of the twenty-four electoral divisions of lower canada in this act referred to, and each holding office for the term of his life, unless the legislature of quebec otherwise provides under the provisions of this act. 73. qualification of legislative councillors the qualifications of the legislative councillors of quebec shall be the same as those of the senators for quebec. 74. resignation, disqualification, etc the place of a legislative councillor of quebec shall become vacant in the cases, mutatis mutandis, in which the place of senator becomes vacant. 75. vacancies when a vacancy happens in the legislative council of quebec by resignation, death, or otherwise, the lieutenant governor, in the queen’s name, by instrument under the great seal of quebec, shall appoint a fit and qualified person to fill the vacancy. 76. questions as to vacancies, etc if any question arises respecting the qualification of a legislative councillor of quebec, or a vacancy in the legislative council of quebec, the same shall be heard and determined by the legislative council. 77. speaker of legislative council the lieutenant governor may from time to time, by instrument under the great seal of quebec, appoint a member of the legislative council of quebec to be speaker thereof, and may remove him and appoint another in his stead. 78. quorum of legislative council until the legislature of quebec otherwise provides, the presence of at least ten members of the legislative council, including the speaker, shall be necessary to constitute a meeting for the exercise of its powers. 79. voting in legislative council questions arising in the legislative council of quebec shall be decided by a majority of voices, and the speaker shall in all cases have a vote, and when the voices are equal the decision shall be deemed to be in the negative. 80. constitution of legislative assembly of quebec the legislative assembly of quebec shall be composed of sixty-five members, to be elected to represent the sixty-five electoral divisions or districts of lower canada in this act referred to, subject to alteration thereof by the legislature of quebec: provided that it shall not be lawful to present to the lieutenant governor of quebec for assent any bill for altering the limits of any of the electoral divisions or districts mentioned in the second schedule to this act, unless the second and third readings of such bill have been passed in the legislative assembly with the concurrence of the majority of the members representing all those electoral divisions or districts, and the assent shall not be given to such bill unless an address has been presented by the legislative assembly to the lieutenant governor stating that it has been so passed. c. ontario and quebec 81. repealed 82. summoning of legislative assemblies the lieutenant governor of ontario and of quebec shall from time to time, in the queen’s name, by instrument under the great seal of the province, summon and call together the legislative assembly of the province. 83. restriction on election of holders of offices until the legislature of ontario or of quebec otherwise provides, a person accepting or holding in ontario or in quebec any office, commission, or employment, permanent or temporary, at the nomination of the lieutenant governor, to which an annual salary, or any fee, allowance, emolument, or profit of any kind or amount whatever from the province is attached, shall not be eligible as a member of the legislative assembly of the respective province, nor shall he sit or vote as such; but nothing in this section shall make ineligible any person being a member of the executive council of the respective province, or holding any of the following offices, that is to say, the offices of attorney general, secretary and registrar of the province, treasurer of the province, commissioner of crown lands, and commissioner of agriculture and public works, and in quebec solicitor general, or shall disqualify him to sit or vote in the house for which he is elected, provided he is elected while holding such office. 84. continuance of existing election laws until the legislatures of ontario and quebec respectively otherwise provide, all laws which at the union are in force in those provinces respectively, relative to the following matters, or any of them, namely, — the qualifications and disqualifications of persons to be elected or to sit or vote as members of the assembly of canada, the qualifications or disqualifications of voters, the oaths to be taken by voters, the returning officers, their powers and duties, the proceedings at elections, the periods during which such elections may be continued, and the trial of controverted elections and the proceedings incident thereto, the vacating of the seats of members and the issuing and execution of new writs in case of seats vacated otherwise than by dissolution, — shall respectively apply to elections of members to serve in the respective legislative assemblies of ontario and quebec. provided that, until the legislature of ontario otherwise provides, at any election for a member of the legislative assembly of ontario for the district of algoma, in addition to persons qualified by the law of the province of canada to vote, every male british subject, aged twenty-one years or upwards, being a householder, shall have a vote. 85. duration of legislative assemblies every legislative assembly of ontario and every legislative assembly of quebec shall continue for four years from the day of the return of the writs for choosing the same (subject nevertheless to either the legislative assembly of ontario or the legislative assembly of quebec being sooner dissolved by the lieutenant governor of the province), and no longer. [the maximum duration of the legislative assembly of quebec has been changed to five years. see the national assembly act, r.s.q. c. a-23.1. see also section 4 of the constitution act, 1982, which provides a maximum duration for a legislative assembly of five years but also authorizes continuation in special circumstances. (this paragraph was added as per footnote from 'a consolidation of the constitution acts 1867 to 1982, department of justice canada, 2013')] 86. yearly session of legislature there shall be a session of the legislature of ontario and of that of quebec once at least in every year, so that twelve months shall not intervene between the last sitting of the legislature in each province in one session and its first sitting in the next session. 87. speaker, quorum, etc the following provisions of this act respecting the house of commons of canada shall extend and apply to the legislative assemblies of ontario and quebec, that is to say, — the provisions relating to the election of a speaker originally and on vacancies, the duties of the speaker, the absence of the speaker, the quorum, and the mode of voting, as if those provisions were here re-enacted and made applicable in terms to each such legislative assembly. d. nova scotia and new brunswick 88. constitutions of legislatures of nova scotia and new brunswick the constitution of the legislature of each of the provinces of nova scotia and new brunswick shall, subject to the provisions of this act, continue as it exists at the union until altered under the authority of this act. e. ontario, quebec, and nova scotia 89. repealed f. the four provinces 90. application to legislatures of provisions respecting money votes, etc the following provisions of this act respecting the parliament of canada, namely, — the provisions relating to appropriation and tax bills, the recommendation of money votes, the assent to bills, the disallowance of acts, and the signification of pleasure on bills reserved, — shall extend and apply to the legislatures of the several provinces as if those provisions were here re-enacted and made applicable in terms to the respective provinces and the legislatures thereof, with the substitution of the lieutenant governor of the province for the governor general, of the governor general for the queen and for a secretary of state, of one year for two years, and of the province for canada. vi. distribution of legislative powers part 1. powers of the parliament 91. legislative authority of parliament of canada it shall be lawful for the queen, by and with the advice and consent of the senate and house of commons, to make laws for the peace, order, and good government of canada, in relation to all matters not coming within the classes of subjects by this act assigned exclusively to the legislatures of the provinces; and for greater certainty, but not so as to restrict the generality of the foregoing terms of this section, it is hereby declared that (notwithstanding anything in this act) the exclusive legislative authority of the parliament of canada extends to all matters coming within the classes of subjects next hereinafter enumerated; that is to say, repealed. the public debt and property. the regulation of trade and commerce. unemployment insurance. the raising of money by any mode or system of taxation. the borrowing of money on the public credit. postal service. the census and statistics. militia, military and naval service, and defence. the fixing of and providing for the salaries and allowances of civil and other officers of the government of canada. beacons, buoys, lighthouses, and sable island. navigation and shipping. quarantine and the establishment and maintenance of marine hospitals. sea coast and inland fisheries. ferries between a province and any british or foreign country or between two provinces. currency and coinage. banking, incorporation of banks, and the issue of paper money. savings banks. weights and measures. bills of exchange and promissory notes. interest. legal tender. bankruptcy and insolvency. patents of invention and discovery. copyrights. indians, and lands reserved for the indians. naturalization and aliens. marriage and divorce. the criminal law, except the constitution of courts of criminal jurisdiction, but including the procedure in criminal matters. the establishment, maintenance, and management of penitentiaries. such classes of subjects as are expressly excepted in the enumeration of the classes of subjects by this act assigned exclusively to the legislatures of the provinces. and any matter coming within any of the classes of subjects enumerated in this section shall not be deemed to come within the class of matters of a local or private nature comprised in the enumeration of the classes of subjects by this act assigned exclusively to the legislatures of the provinces. part 2. exclusive powers of provincial legislatures 92. subjects of exclusive provincial legislation in each province the legislature may exclusively make laws in relation to matters coming within the classes of subjects next hereinafter enumerated; that is to say, repealed. direct taxation within the province in order to the raising of a revenue for provincial purposes. the borrowing of money on the sole credit of the province. the establishment and tenure of provincial offices and the appointment and payment of provincial officers. the management and sale of the public lands belonging to the province and of the timber and wood thereon. the establishment, maintenance, and management of public and reformatory prisons in and for the province. the establishment, maintenance, and management of hospitals, asylums, charities, and eleemosynary institutions in and for the province, other than marine hospitals. municipal institutions in the province. shop, saloon, tavern, auctioneer, and other licences in order to the raising of a revenue for provincial, local, or municipal purposes. local works and undertakings other than such as are of the following classes: lines of steam or other ships, railways, canals, telegraphs, and other works and undertakings connecting the province with any other or others of the provinces, or extending beyond the limits of the province: lines of steam ships between the province and any british or foreign country: such works as, although wholly situate within the province, are before or after their execution declared by the parliament of canada to be for the general advantage of canada or for the advantage of two or more of the provinces. the incorporation of companies with provincial objects. the solemnization of marriage in the province. property and civil rights in the province. the administration of justice in the province, including the constitution, maintenance, and organization of provincial courts, both of civil and of criminal jurisdiction, and including procedure in civil matters in those courts. the imposition of punishment by fine, penalty, or imprisonment for enforcing any law of the province made in relation to any matter coming within any of the classes of subjects enumerated in this section. generally all matters of a merely local or private nature in the province. part 3. non-renewable natural resources, forestry resources and electrical energy � 1. laws respecting non-renewable natural resources, forestry resources and electrical energy in each province, the legislature may exclusively make laws in relation to exploration for non-renewable natural resources in the province; development, conservation and management of non-renewable natural resources and forestry resources in the province, including laws in relation to the rate of primary production therefrom; and development, conservation and management of sites and facilities in the province for the generation and production of electrical energy. 2. export from provinces of resources in each province, the legislature may make laws in relation to the export from the province to another part of canada of the primary production from non-renewable natural resources and forestry resources in the province and the production from facilities in the province for the generation of electrical energy, but such laws may not authorize or provide for discrimination in prices or in supplies exported to another part of canada. 3. authority of parliament nothing in subsection (2) derogates from the authority of parliament to enact laws in relation to the matters referred to in that subsection and, where such a law of parliament and a law of a province conflict, the law of parliament prevails to the extent of the conflict. 4. taxation of resources in each province, the legislature may make laws in relation to the raising of money by any mode or system of taxation in respect of non-renewable natural resources and forestry resources in the province and the primary production therefrom, and sites and facilities in the province for the generation of electrical energy and the production therefrom, whether or not such production is exported in whole or in part from the province, but such laws may not authorize or provide for taxation that differentiates between production exported to another part of canada and production not exported from the province. 5. primary production the expression “primary production” has the meaning assigned by the sixth schedule. 6. existing powers or rights nothing in subsections (1) to (5) derogates from any powers or rights that a legislature or government of a province had immediately before the coming into force of this section. part 4. education 93. legislation respecting education in and for each province the legislature may exclusively make laws in relation to education, subject and according to the following provisions: nothing in any such law shall prejudicially affect any right or privilege with respect to denominational schools which any class of persons have by law in the province at the union; all the powers, privileges, and duties at the union by law conferred and imposed in upper canada on the separate schools and school trustees of the queen’s roman catholic subjects shall be and the same are hereby extended to the dissentient schools of the queen’s protestant and roman catholic subjects in quebec; where in any province a system of separate or dissentient schools exists by law at the union or is thereafter established by the legislature of the province, an appeal shall lie to the governor general in council from any act or decision of any provincial authority affecting any right or privilege of the protestant or roman catholic minority of the queen’s subjects in relation to education; in case any such provincial law as from time to time seems to the governor general in council requisite for the due execution of the provisions of this section is not made, or in case any decision of the governor general in council on any appeal under this section is not duly executed by the proper provincial authority in that behalf, then and in every such case, and as far only as the circumstances of each case require, the parliament of canada may make remedial laws for the due execution of the provisions of this section and of any decision of the governor general in council under this section. 93a. quebec paragraphs (1) to (4) of section 93 do not apply to quebec. part 5. uniformity of laws in ontario, nova scotia, and new brunswick 94. legislation for uniformity of laws in three provinces notwithstanding anything in this act, the parliament of canada may make provision for the uniformity of all or any of the laws relative to property and civil rights in ontario, nova scotia, and new brunswick, and of the procedure of all or any of the courts in those three provinces, and from and after the passing of any act in that behalf the power of the parliament of canada to make laws in relation to any matter comprised in any such act shall, notwithstanding anything in this act, be unrestricted; but any act of the parliament of canada making provision for such uniformity shall not have effect in any province unless and until it is adopted and enacted as law by the legislature thereof. part 6. old age pensions 94a. legislation respecting old age pensions and supplementary benefits the parliament of canada may make laws in relation to old age pensions and supplementary benefits, including survivors’ and disability benefits irrespective of age, but no such law shall affect the operation of any law present or future of a provincial legislature in relation to any such matter. part 7. agriculture and immigration 95. concurrent powers of legislation respecting agriculture, etc in each province the legislature may make laws in relation to agriculture in the province, and to immigration into the province; and it is hereby declared that the parliament of canada may from time to time make laws in relation to agriculture in all or any of the provinces, and to immigration into all or any of the provinces; and any law of the legislature of a province relative to agriculture or to immigration shall have effect in and for the province as long and as far only as it is not repugnant to any act of the parliament of canada. vii. judicature 96. appointment of judges the governor general shall appoint the judges of the superior, district, and county courts in each province, except those of the courts of probate in nova scotia and new brunswick. 97. selection of judges in ontario, etc until the laws relative to property and civil rights in ontario, nova scotia, and new brunswick, and the procedure of the courts in those provinces, are made uniform, the judges of the courts of those provinces appointed by the governor general shall be selected from the respective bars of those provinces. 98. selection of judges in quebec the judges of the courts of quebec shall be selected from the bar of that province. � 1. tenure of office of judges subject to subsection (2) of this section, the judges of the superior courts shall hold office during good behaviour, but shall be removable by the governor general on address of the senate and house of commons. 2. termination at age 75 a judge of a superior court, whether appointed before or after the coming into force of this section, shall cease to hold office upon attaining the age of seventyfive years, or upon the coming into force of this section if at that time he has already attained that age. 100. salaries, etc., of judges the salaries, allowances, and pensions of the judges of the superior, district, and county courts (except the courts of probate in nova scotia and new brunswick), and of the admiralty courts in cases where the judges thereof are for the time being paid by salary, shall be fixed and provided by the parliament of canada. 101. general court of appeal, etc the parliament of canada may, notwithstanding anything in this act, from time to time provide for the constitution, maintenance, and organization of a general court of appeal for canada, and for the establishment of any additional courts for the better administration of the laws of canada. viii. revenues; debts; assets; taxation 102. creation of consolidated revenue fund all duties and revenues over which the respective legislatures of canada, nova scotia, and new brunswick before and at the union had and have power of appropriation, except such portions thereof as are by this act reserved to the respective legislatures of the provinces, or are raised by them in accordance with the special powers conferred on them by this act, shall form one consolidated revenue fund, to be appropriated for the public service of canada in the manner and subject to the charges in this act provided. 103. expenses of collection, etc the consolidated revenue fund of canada shall be permanently charged with the costs, charges, and expenses incident to the collection, management, and receipt thereof, and the same shall form the first charge thereon, subject to be reviewed and audited in such manner as shall be ordered by the governor general in council until the parliament otherwise provides. 104. interest of provincial public debts the annual interest of the public debts of the several provinces of canada, nova scotia, and new brunswick at the union shall form the second charge on the consolidated revenue fund of canada. 105. salary of governor general unless altered by the parliament of canada, the salary of the governor general shall be ten thousand pounds sterling money of the united kingdom of great britain and ireland, payable out of the consolidated revenue fund of canada, and the same shall form the third charge thereon. 106. appropriation from time to time subject to the several payments by this act charged on the consolidated revenue fund of canada, the same shall be appropriated by the parliament of canada for the public service. 107. transfer of stocks, etc all stocks, cash, banker’s balances, and securities for money belonging to each province at the time of the union, except as in this act mentioned, shall be the property of canada, and shall be taken in reduction of the amount of the respective debts of the provinces at the union. 108. transfer of property in schedule the public works and property of each province, enumerated in the third schedule to this act, shall be the property of canada. 109. property in lands, mines, etc all lands, mines, minerals, and royalties belonging to the several provinces of canada, nova scotia, and new brunswick at the union, and all sums then due or payable for such lands, mines, minerals, or royalties, shall belong to the several provinces of ontario, quebec, nova scotia, and new brunswick in which the same are situate or arise, subject to any trusts existing in respect thereof, and to any interest other than that of the province in the same. 110. assets connected with provincial debts all assets connected with such portions of the public debt of each province as are assumed by that province shall belong to that province. 111. canada to be liable for provincial debts canada shall be liable for the debts and liabilities of each province existing at the union. 112. debts of ontario and quebec ontario and quebec conjointly shall be liable to canada for the amount (if any) by which the debt of the province of canada exceeds at the union sixty-two million five hundred thousand dollars, and shall be charged with interest at the rate of five per centum per annum thereon. 113. assets of ontario and quebec the assets enumerated in the fourth schedule to this act belonging at the union to the province of canada shall be the property of ontario and quebec conjointly. 114. debt of nova scotia nova scotia shall be liable to canada for the amount (if any) by which its public debt exceeds at the union eight million dollars, and shall be charged with interest at the rate of five per centum per annum thereon. 115. debt of new brunswick new brunswick shall be liable to canada for the amount (if any) by which its public debt exceeds at the union seven million dollars, and shall be charged with interest at the rate of five per centum per annum thereon. 116. payment of interest to nova scotia and new brunswick in case the public debts of nova scotia and new brunswick do not at the union amount to eight million and seven million dollars respectively, they shall respectively receive by half-yearly payments in advance from the government of canada interest at five per centum per annum on the difference between the actual amounts of their respective debts and such stipulated amounts. 117. provincial public property the several provinces shall retain all their respective public property not otherwise disposed of in this act, subject to the right of canada to assume any lands or public property required for fortifications or for the defence of the country. 118. repealed 119. further grant to new brunswick new brunswick shall receive by half-yearly payments in advance from canada for the period of ten years from the union an additional allowance of sixty-three thousand dollars per annum; but as long as the public debt of that province remains under seven million dollars, a deduction equal to the interest at five per centum per annum on such deficiency shall be made from that allowance of sixty-three thousand dollars. 120. form of payments all payments to be made under this act, or in discharge of liabilities created under any act of the provinces of canada, nova scotia, and new brunswick respectively, and assumed by canada, shall, until the parliament of canada otherwise directs, be made in such form and manner as may from time to time be ordered by the governor general in council. 121. canadian manufactures, etc all articles of the growth, produce, or manufacture of any one of the provinces shall, from and after the union, be admitted free into each of the other provinces. 122. continuance of customs and excise laws the customs and excise laws of each province shall, subject to the provisions of this act, continue in force until altered by the parliament of canada. 123. exportation and importation as between two provinces where customs duties are, at the union, leviable on any goods, wares, or merchandises in any two provinces, those goods, wares, and merchandises may, from and after the union, be imported from one of those provinces into the other of them on proof of payment of the customs duty leviable thereon in the province of exportation, and on payment of such further amount (if any) of customs duty as is leviable thereon in the province of importation. 124. lumber dues in new brunswick nothing in this act shall affect the right of new brunswick to levy the lumber dues provided in chapter fifteen of title three of the revised statutes of new brunswick, or in any act amending that act before or after the union, and not increasing the amount of such dues; but the lumber of any of the provinces other than new brunswick shall not be subject to such dues. 125. exemption of public lands, etc no lands or property belonging to canada or any province shall be liable to taxation. 126. provincial consolidated revenue fund such portions of the duties and revenues over which the respective legislatures of canada, nova scotia, and new brunswick had before the union power of appropriation as are by this act reserved to the respective governments or legislatures of the provinces, and all duties and revenues raised by them in accordance with the special powers conferred upon them by this act, shall in each province form one consolidated revenue fund to be appropriated for the public service of the province. ix. miscellaneous provisions part 1. general 127. repealed 128. oath of allegiance, etc every member of the senate or house of commons of canada shall before taking his seat therein take and subscribe before the governor general or some person authorized by him, and every member of a legislative council or legislative assembly of any province shall before taking his seat therein take and subscribe before the lieutenant governor of the province or some person authorized by him, the oath of allegiance contained in the fifth schedule to this act; and every member of the senate of canada and every member of the legislative council of quebec shall also, before taking his seat therein, take and subscribe before the governor general, or some person authorized by him, the declaration of qualification contained in the same schedule. 129. continuance of existing laws, courts, officers, etc except as otherwise provided by this act, all laws in force in canada, nova scotia, or new brunswick at the union, and all courts of civil and criminal jurisdiction, and all legal commissions, powers, and authorities, and all officers, judicial, administrative, and ministerial, existing therein at the union, shall continue in ontario, quebec, nova scotia, and new brunswick respectively, as if the union had not been made; subject nevertheless (except with respect to such as are enacted by or exist under acts of the parliament of great britain or of the parliament of the united kingdom of great britain and ireland,) to be repealed, abolished, or altered by the parliament of canada, or by the legislature of the respective province, according to the authority of the parliament or of that legislature under this act. 130. transfer of officers to canada until the parliament of canada otherwise provides, all officers of the several provinces having duties to discharge in relation to matters other than those coming within the classes of subjects by this act assigned exclusively to the legislatures of the provinces shall be officers of canada, and shall continue to discharge the duties of their respective offices under the same liabilities, responsibilities, and penalties as if the union had not been made. 131. appointment of new officers until the parliament of canada otherwise provides, the governor general in council may from time to time appoint such officers as the governor general in council deems necessary or proper for the effectual execution of this act. 132. treaty obligations the parliament and government of canada shall have all powers necessary or proper for performing the obligations of canada or of any province thereof, as part of the british empire, towards foreign countries, arising under treaties between the empire and such foreign countries. 133. use of english and french languages either the english or the french language may be used by any person in the debates of the houses of the parliament of canada and of the houses of the legislature of quebec; and both those languages shall be used in the respective records and journals of those houses; and either of those languages may be used by any person or in any pleading or process in or issuing from any court of canada established under this act, and in or from all or any of the courts of quebec. the acts of the parliament of canada and of the legislature of quebec shall be printed and published in both those languages. part 2. ontario and quebec 134. appointment of executive officers for ontario and quebec until the legislature of ontario or of quebec otherwise provides, the lieutenant governors of ontario and quebec may each appoint under the great seal of the province the following officers, to hold office during pleasure, that is to say, — the attorney general, the secretary and registrar of the province, the treasurer of the province, the commissioner of crown lands, and the commissioner of agriculture and public works, and in the case of quebec the solicitor general, and may, by order of the lieutenant governor in council, from time to time prescribe the duties of those officers, and of the several departments over which they shall preside or to which they shall belong, and of the officers and clerks thereof, and may also appoint other and additional officers to hold office during pleasure, and may from time to time prescribe the duties of those officers, and of the several departments over which they shall preside or to which they shall belong, and of the officers and clerks thereof. 135. powers, duties, etc. of executive officers until the legislature of ontario or quebec otherwise provides, all rights, powers, duties, functions, responsibilities, or authorities at the passing of this act vested in or imposed on the attorney general, solicitor general, secretary and registrar of the province of canada, minister of finance, commissioner of crown lands, commissioner of public works, and minister of agriculture and receiver general, by any law, statute, or ordinance of upper canada, lower canada, or canada, and not repugnant to this act, shall be vested in or imposed on any officer to be appointed by the lieutenant governor for the discharge of the same or any of them; and the commissioner of agriculture and public works shall perform the duties and functions of the office of minister of agriculture at the passing of this act imposed by the law of the province of canada, as well as those of the commissioner of public works. 136. great seals until altered by the lieutenant governor in council, the great seals of ontario and quebec respectively shall be the same, or of the same design, as those used in the provinces of upper canada and lower canada respectively before their union as the province of canada. 137. construction of temporary acts the words “and from thence to the end of the then next ensuing session of the legislature,” or words to the same effect, used in any temporary act of the province of canada not expired before the union, shall be construed to extend and apply to the next session of the parliament of canada if the subject matter of the act is within the powers of the same as defined by this act, or to the next sessions of the legislatures of ontario and quebec respectively if the subject matter of the act is within the powers of the same as defined by this act. 138. as to errors in names from and after the union the use of the words “upper canada” instead of “ontario,” or “lower canada” instead of “quebec,” in any deed, writ, process, pleading, document, matter, or thing shall not invalidate the same. 139. as to issue of proclamations before union, to commence after union any proclamation under the great seal of the province of canada issued before the union to take effect at a time which is subsequent to the union, whether relating to that province, or to upper canada, or to lower canada, and the several matters and things therein proclaimed, shall be and continue of like force and effect as if the union had not been made. 140. as to issue of proclamations after union any proclamation which is authorized by any act of the legislature of the province of canada to be issued under the great seal of the province of canada, whether relating to that province, or to upper canada, or to lower canada, and which is not issued before the union, may be issued by the lieutenant governor of ontario or of quebec, as its subject matter requires, under the great seal thereof; and from and after the issue of such proclamation the same and the several matters and things therein proclaimed shall be and continue of the like force and effect in ontario or quebec as if the union had not been made. 141. penitentiary the penitentiary of the province of canada shall, until the parliament of canada otherwise provides, be and continue the penitentiary of ontario and of quebec. 142. arbitration respecting debts, etc the division and adjustment of the debts, credits, liabilities, properties, and assets of upper canada and lower canada shall be referred to the arbitrament of three arbitrators, one chosen by the government of ontario, one by the government of quebec, and one by the government of canada; and the selection of the arbitrators shall not be made until the parliament of canada and the legislatures of ontario and quebec have met; and the arbitrator chosen by the government of canada shall not be a resident either in ontario or in quebec. 143. division of records the governor general in council may from time to time order that such and so many of the records, books, and documents of the province of canada as he thinks fit shall be appropriated and delivered either to ontario or to quebec, and the same shall thenceforth be the property of that province; and any copy thereof or extract therefrom, duly certified by the officer having charge of the original thereof, shall be admitted as evidence. 144. constitution of townships in quebec the lieutenant governor of quebec may from time to time, by proclamation under the great seal of the province, to take effect from a day to be appointed therein, constitute townships in those parts of the province of quebec in which townships are not then already constituted, and fix the metes and bounds thereof. x. intercolonial railway 145. repealed xi. admission of other colonies 146. power to admit newfoundland, etc., into the union it shall be lawful for the queen, by and with the advice of her majesty’s most honourable privy council, on addresses from the houses of the parliament of canada, and from the houses of the respective legislatures of the colonies or provinces of newfoundland, prince edward island, and british columbia, to admit those colonies or provinces, or any of them, into the union, and on address from the houses of the parliament of canada to admit rupert’s land and the north-western territory, or either of them, into the union, on such terms and conditions in each case as are in the addresses expressed and as the queen thinks fit to approve, subject to the provisions of this act; and the provisions of any order in council in that behalf shall have effect as if they had been enacted by the parliament of the united kingdom of great britain and ireland. 147. as to representation of newfoundland and prince edward island in senate in case of the admission of newfoundland and prince edward island, or either of them, each shall be entitled to a representation in the senate of canada of four members, and (notwithstanding anything in this act) in case of the admission of newfoundland the normal number of senators shall be seventy-six and their maximum number shall be eighty-two; but prince edward island when admitted shall be deemed to be comprised in the third of the three divisions into which canada is, in relation to the constitution of the senate, divided by this act, and accordingly, after the admission of prince edward island, whether newfoundland is admitted or not, the representation of nova scotia and new brunswick in the senate shall, as vacancies occur, be reduced from twelve to ten members respectively, and the representation of each of those provinces shall not be increased at any time beyond ten, except under the provisions of this act for the appointment of three or six additional senators under the direction of the queen. the first schedule. electoral districts of ontario a. existing electoral divisions part 1. counties prescott. glengarry. stormont. dundas. russell. carleton. prince edward. halton. essex. part 2. ridings of counties north riding of lanark. south riding of lanark. north riding of leeds and north riding of grenville. south riding of leeds. south riding of grenville. east riding of northumberland. west riding of northumberland (excepting therefrom the township of south monaghan). east riding of durham. west riding of durham. north riding of ontario. south riding of ontario. east riding of york. west riding of york. north riding of york. north riding of wentworth. south riding of wentworth. east riding of elgin. west riding of elgin. north riding of waterloo. south riding of waterloo. north riding of brant. south riding of brant. north riding of oxford. south riding of oxford. east riding of middlesex. part 3. cities, parts of cities, and towns west toronto. east toronto. hamilton. ottawa. kingston. london. town of brockville, with the township of elizabethtown thereto attached. town of niagara, with the township of niagara thereto attached. town of cornwall, with the township of cornwall thereto attached. b. new electoral divisions the provisional judicial district of algoma. the county of bruce, divided into two ridings, to be called respectively the north and south ridings: the north riding of bruce to consist of the townships of bury, lindsay, eastnor, albermarle, amable, arran, bruce, elderslie, and saugeen, and the village of southampton. the county of bruce, divided into two ridings, to be called respectively the north and south ridings: the south riding of bruce to consist of the townships of kincardine (including the village of kincardine), greenock, brant, huron, kinloss, culross, and carrick. the county of huron, divided into two ridings, to be called respectively the north and south ridings: the north riding to consist of the townships of ashfield, wawanosh, turnberry, howick, morris, grey, colborne, hullett, including the village of clinton, and mckillop. the county of huron, divided into two ridings, to be called respectively the north and south ridings: the south riding to consist of the town of goderich and the townships of goderich, tuckersmith, stanley, hay, usborne, and stephen. the county of middlesex, divided into three ridings, to be called respectively the north, west, and east ridings: the north riding to consist of the townships of mcgillivray and biddulph (taken from the county of huron), and williams east, williams west, adelaide, and lobo. the county of middlesex, divided into three ridings, to be called respectively the north, west, and east ridings: the west riding to consist of the townships of delaware, carradoc, metcalfe, mosa and ekfrid, and the village of strathroy. [the east riding to consist of the townships now embraced therein, and be bounded as it is at present.] the county of lambton to consist of the townships of bosanquet, warwick, plympton, sarnia, moore, enniskillen, and brooke, and the town of sarnia. the county of kent to consist of the townships of chatham, dover, east tilbury, romney, raleigh, and harwich, and the town of chatham. the county of bothwell to consist of the townships of sombra, dawn, and euphemia (taken from the county of lambton), and the townships of zone, camden with the gore thereof, orford, and howard (taken from the county of kent). the county of grey divided into two ridings to be called respectively the south and north ridings: the south riding to consist of the townships of bentinck, glenelg, artemesia, osprey, normanby, egremont, proton, and melancthon. the county of grey divided into two ridings to be called respectively the south and north ridings: the north riding to consist of the townships of collingwood, euphrasia, holland, saint-vincent, sydenham, sullivan, derby, and keppel, sarawak and brooke, and the town of owen sound. the county of perth divided into two ridings, to be called respectively the south and north ridings: the north riding to consist of the townships of wallace, elma, logan, ellice, mornington, and north easthope, and the town of stratford. the county of perth divided into two ridings, to be called respectively the south and north ridings: the south riding to consist of the townships of blanchard, downie, south easthope, fullarton, hibbert, and the villages of mitchell and ste. marys. the county of wellington divided into three ridings to be called respectively north, south and centre ridings: the north riding to consist of the townships of amaranth, arthur, luther, minto, maryborough, peel, and the village of mount forest. the county of wellington divided into three ridings to be called respectively north, south and centre ridings: the centre riding to consist of the townships of garafraxa, erin, eramosa, nichol, and pilkington, and the villages of fergus and elora. the county of wellington divided into three ridings to be called respectively north, south and centre ridings: the south riding to consist of the town of guelph, and the townships of guelph and puslinch. the county of norfolk, divided into two ridings, to be called respectively the south and north ridings: the south riding to consist of the townships of charlotteville, houghton, walsingham, and woodhouse, and with the gore thereof. the county of norfolk, divided into two ridings, to be called respectively the south and north ridings: the north riding to consist of the townships of middleton, townsend, and windham, and the town of simcoe. the county of haldimand to consist of the townships of oneida, seneca, cayuga north, cayuga south, raynham, walpole, and dunn. the county of monck to consist of the townships of canborough and moulton, and sherbrooke, and the village of dunnville (taken from the county of haldimand), the townships of caister and gainsborough (taken from the county of lincoln), and the townships of pelham and wainfleet (taken from the county of welland). the county of lincoln to consist of the townships of clinton, grantham, grimsby, and louth, and the town of st. catherines. the county of welland to consist of the townships of bertie, crowland, humberstone, stamford, thorold, and willoughby, and the villages of chippewa, clifton, fort erie, thorold, and welland. the county of peel to consist of the townships of chinguacousy, toronto, and the gore of toronto, and the villages of brampton and streetsville. the county of cardwell to consist of the townships of albion and caledon (taken from the county of peel), and the townships of adjala and mono (taken from the county of simcoe). the county of simcoe, divided into two ridings, to be called respectively the south and north ridings: the south riding to consist of the townships of west gwillimbury, tecumseth, innisfil, essa, tosorontio, mulmur, and the village of bradford. the county of simcoe, divided into two ridings, to be called respectively the south and north ridings: the north riding to consist of the townships of nottawasaga, sunnidale, vespra, flos, oro, medonte, orillia and matchedash, tiny and tay, balaklava and robinson, and the towns of barrie and collingwood. the county of victoria, divided into two ridings, to be called respectively the south and north ridings: the south riding to consist of the townships of ops, mariposa, emily, verulam, and the town of lindsay. the county of victoria, divided into two ridings, to be called respectively the south and north ridings: the north riding to consist of the townships of anson, bexley, carden, dalton, digby, eldon, fenelon, hindon, laxton, lutterworth, macaulay and draper, sommerville, and morrison, muskoka, monck and watt (taken from the county of simcoe), and any other surveyed townships lying to the north of the said north riding. the county of peterborough, divided into two ridings, to be called respectively the west and east ridings: the west riding to consist of the townships of south monaghan (taken from the county of northumberland), north monaghan, smith, and ennismore, and the town of peterborough. the county of peterborough, divided into two ridings, to be called respectively the west and east ridings: the east riding to consist of the townships of asphodel, belmont and methuen, douro, dummer, galway, harvey, minden, stanhope and dysart, otonabee, and snowden, and the village of ashburnham, and any other surveyed townships lying to the north of the said east riding. the county of hastings, divided into three ridings, to be called respectively the west, east, and north ridings: the west riding to consist of the town of belleville, the township of sydney, and the village of trenton. the county of hastings, divided into three ridings, to be called respectively the west, east, and north ridings: the east riding to consist of the townships of thurlow, tyendinaga, and hungerford. the county of hastings, divided into three ridings, to be called respectively the west, east, and north ridings: the north riding to consist of the townships of rawdon, huntingdon, madoc, elzevir, tudor, marmora, and lake, and the village of stirling, and any other surveyed townships lying to the north of the said north riding. the county of lennox to consist of the townships of richmond, adolphustown, north fredericksburg, south fredericksburg, ernest town, and amherst island, and the village of napanee. the county of addington to consist of the townships of camden, portland, sheffield, hinchinbrooke, kaladar, kennebec, olden, oso, anglesea, barrie, clarendon, palmerston, effingham, abinger, miller, canonto, denbigh, loughborough, and bedford. the county of frontenac to consist of the townships of kingston, wolfe island, pittsburg and howe island, and storrington. the county of renfrew, divided into two ridings, to be called respectively the south and north ridings: the south riding to consist of the townships of mcnab, bagot, blithfield, brougham, horton, admaston, grattan, matawatchan, griffith, lyndoch, raglan, radcliffe, brudenell, sebastopol, and the villages of arnprior and renfrew. the county of renfrew, divided into two ridings, to be called respectively the south and north ridings: the north riding to consist of the townships of ross, bromley, westmeath, stafford, pembroke, wilberforce, alice, petawawa, buchanan, south algona, north algona, fraser, mckay, wylie, rolph, head, maria, clara, haggerty, sherwood, burns, and richards, and any other surveyed townships lying north-westerly of the said north riding. every town and incorporated village existing at the union, not especially mentioned in this schedule, is to be taken as part of the county or riding within which it is locally situate. the second schedule. electoral districts of quebec specially fixed counties of — pontiac. ottawa. argenteuil. huntingdon. missisquoi. brome. shefford. stanstead. compton. wolfe and richmond. megantic. town of sherbrooke. the third schedule. provincial public works and property to be the property of canada canals, with lands and water power connected therewith. public harbours. lighthouses and piers, and sable island. steamboats, dredges, and public vessels. rivers and lake improvements. railways and railway stocks, mortgages, and other debts due by railway companies. military roads. custom houses, post offices, and all other public buildings, except such as the government of canada appropriate for the use of the provincial legislatures and governments. property transferred by the imperial government, and known as ordnance property. armouries, drill sheds, military clothing, and munitions of war, and lands set apart for general public purposes. the fourth schedule. assets to be the property of ontario and quebec conjointly upper canada building fund. lunatic asylums. normal school. court houses in aylmer, lower canada. montreal, lower canada. kamouraska, lower canada. law society, upper canada. montreal turnpike trust. university permanent fund. royal institution. consolidated municipal loan fund, upper canada. consolidated municipal loan fund, lower canada. agricultural society, upper canada. lower canada legislative grant. quebec fire loan. temiscouata advance account. quebec turnpike trust. education — east. building and jury fund, lower canada. municipalities fund. lower canada superior education income fund. the fifth schedule part 1. oath of allegiance i a.b. do swear, that i will be faithful and bear true allegiance to her majesty queen victoria. note. — the name of the king or queen of the united kingdom of great britain and ireland for the time being is to be substituted from time to time, with proper terms of reference thereto. part 2. declaration of qualification i a.b. do declare and testify, that i am by law duly qualified to be appointed a member of the senate of canada [or as the case may be], and that i am legally or equitably seised as of freehold for my own use and benefit of lands or tenements held in free and common socage [or seised or possessed for my own use and benefit of lands or tenements held in franc-alleu or in roture (as the case may be),] in the province of nova scotia [or as the case may be] of the value of four thousand dollars over and above all rents, dues, debts, mortgages, charges, and incumbrances due or payable out of or charged on or affecting the same, and that i have not collusively or colourably obtained a title to or become possessed of the said lands and tenements or any part thereof for the purpose of enabling me to become a member of the senate of canada [or as the case may be], and that my real and personal property are together worth four thousand dollars over and above my debts and liabilities. the sixth schedule. primary production from non-renewable natural resources and forestry resources for the purposes of section 92a of this act, production from a non-renewable natural resource is primary production therefrom if it is in the form in which it exists upon its recovery or severance from its natural state, or it is a product resulting from processing or refining the resource, and is not a manufactured product or a product resulting from refining crude oil, refining upgraded heavy crude oil, refining gases or liquids derived from coal or refining a synthetic equivalent of crude oil; and production from a forestry resource is primary production therefrom if it consists of sawlogs, poles, lumber, wood chips, sawdust or any other primary wood product, or wood pulp, and is not a product manufactured from wood. constitution act 1982 part i. canadian charter of rights and freedoms whereas canada is founded upon principles that recognize the supremacy of god and the rule of law: a. guarantee of rights and freedoms 1. rights and freedoms in canada the canadian charter of rights and freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. b. fundamental freedoms 2. fundamental freedoms everyone has the following fundamental freedoms: freedom of conscience and religion; freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; freedom of peaceful assembly; and freedom of association. c. democratic rights 3. democratic rights of citizens every citizen of canada has the right to vote in an election of members of the house of commons or of a legislative assembly and to be qualified for membership therein. � 1. maximum duration of legislative bodies no house of commons and no legislative assembly shall continue for longer than five years from the date fixed for the return of the writs at a general election of its members. 2. continuation in special circumstances in time of real or apprehended war, invasion or insurrection, a house of commons may be continued by parliament and a legislative assembly may be continued by the legislature beyond five years if such continuation is not opposed by the votes of more than one-third of the members of the house of commons or the legislative assembly, as the case may be. 5. annual sitting of legislative bodies there shall be a sitting of parliament and of each legislature at least once every twelve months. d. mobility rights � 1. mobility of citizens every citizen of canada has the right to enter, remain in and leave canada. 2. rights to move and gain livelihood every citizen of canada and every person who has the status of a permanent resident of canada has the right to move to and take up residence in any province; and to pursue the gaining of a livelihood in any province. 3. limitation the rights specified in subsection (2) are subject to any laws or practices of general application in force in a province other than those that discriminate among persons primarily on the basis of province of present or previous residence; and any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services. 4. affirmative action programs subsections (2) and (3) do not preclude any law, program or activity that has as its object the amelioration in a province of conditions of individuals in that province who are socially or economically disadvantaged if the rate of employment in that province is below the rate of employment in canada. e. legal rights 7. life, liberty and security of person everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. 8. search or seizure everyone has the right to be secure against unreasonable search or seizure. 9. detention or imprisonment everyone has the right not to be arbitrarily detained or imprisoned. 10. arrest or detention everyone has the right on arrest or detention to be informed promptly of the reasons therefor; to retain and instruct counsel without delay and to be informed of that right; and to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful. 11. proceedings in criminal and penal matters any person charged with an offence has the right to be informed without unreasonable delay of the specific offence; to be tried within a reasonable time; not to be compelled to be a witness in proceedings against that person in respect of the offence; to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal; not to be denied reasonable bail without just cause; except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment; not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under canadian or international law or was criminal according to the general principles of law recognized by the community of nations; if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment. 12. treatment or punishment everyone has the right not to be subjected to any cruel and unusual treatment or punishment. 13. self-crimination a witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence. 14. interpreter a party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter. f. equality rights � 1. equality before and under law and equal protection and benefit of law every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. 2. affirmative action programs subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. g. official languages of canada � 1. official languages of canada english and french are the official languages of canada and have equality of status and equal rights and privileges as to their use in all institutions of the parliament and government of canada. 2. official languages of new brunswick english and french are the official languages of new brunswick and have equality of status and equal rights and privileges as to their use in all institutions of the legislature and government of new brunswick. 3. advancement of status and use nothing in this charter limits the authority of parliament or a legislature to advance the equality of status or use of english and french. � 1. english and french linguistic communities in new brunswick the english linguistic community and the french linguistic community in new brunswick have equality of status and equal rights and privileges, including the right to distinct educational institutions and such distinct cultural institutions as are necessary for the preservation and promotion of those communities. 2. role of the legislature and government of new brunswick the role of the legislature and government of new brunswick to preserve and promote the status, rights and privileges referred to in subsection (1) is affirmed. � 1. proceedings of parliament everyone has the right to use english or french in any debates and other proceedings of parliament. 2. proceedings of new brunswick legislature everyone has the right to use english or french in any debates and other proceedings of the legislature of new brunswick. � 1. parliamentary statutes and records the statutes, records and journals of parliament shall be printed and published in english and french and both language versions are equally authoritative. 2. new brunswick statutes and records the statutes, records and journals of the legislature of new brunswick shall be printed and published in english and french and both language versions are equally authoritative. � 1. proceedings in courts established by parliament either english or french may be used by any person in, or in any pleading in or process issuing from, any court established by parliament. 2. proceedings in new brunswick courts either english or french may be used by any person in, or in any pleading in or process issuing from, any court of new brunswick. � 1. communications by public with federal institutions any member of the public in canada has the right to communicate with, and to receive available services from, any head or central office of an institution of the parliament or government of canada in english or french, and has the same right with respect to any other office of any such institution where there is a significant demand for communications with and services from that office in such language; or due to the nature of the office, it is reasonable that communications with and services from that office be available in both english and french. 2. communications by public with new brunswick institutions any member of the public in new brunswick has the right to communicate with, and to receive available services from, any office of an institution of the legislature or government of new brunswick in english or french. 21. continuation of existing constitutional provisions nothing in sections 16 to 20 abrogates or derogates from any right, privilege or obligation with respect to the english and french languages, or either of them, that exists or is continued by virtue of any other provision of the constitution of canada. 22. rights and privileges preserved nothing in sections 16 to 20 abrogates or derogates from any legal or customary right or privilege acquired or enjoyed either before or after the coming into force of this charter with respect to any language that is not english or french. h. minority language educational rights � 1. language of instruction citizens of canada whose first language learned and still understood is that of the english or french linguistic minority population of the province in which they reside, or who have received their primary school instruction in canada in english or french and reside in a province where the language in which they received that instruction is the language of the english or french linguistic minority population of the province, have the right to have their children receive primary and secondary school instruction in that language in that province. 2. continuity of language instruction citizens of canada of whom any child has received or is receiving primary or secondary school instruction in english or french in canada, have the right to have all their children receive primary and secondary school instruction in the same language. 3. application where numbers warrant the right of citizens of canada under subsections (1) and (2) to have their children receive primary and secondary school instruction in the language of the english or french linguistic minority population of a province applies wherever in the province the number of children of citizens who have such a right is sufficient to warrant the provision to them out of public funds of minority language instruction; and includes, where the number of those children so warrants, the right to have them receive that instruction in minority language educational facilities provided out of public funds. i. enforcement � 1. enforcement of guaranteed rights and freedoms anyone whose rights or freedoms, as guaranteed by this charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances. 2. exclusion of evidence bringing administration of justice into disrepute where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute. j. general 25. aboriginal rights and freedoms not affected by charter the guarantee in this charter of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of canada including any rights or freedoms that have been recognized by the royal proclamation of october 7, 1763; and any rights or freedoms that now exist by way of land claims agreements or may be so acquired. 26. other rights and freedoms not affected by charter the guarantee in this charter of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in canada. 27. multicultural heritage this charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of canadians. 28. rights guaranteed equally to both sexes notwithstanding anything in this charter, the rights and freedoms referred to in it are guaranteed equally to male and female persons. 29. rights respecting certain schools preserved nothing in this charter abrogates or derogates from any rights or privileges guaranteed by or under the constitution of canada in respect of denominational, separate or dissentient schools. 30. application to territories and territorial authorities a reference in this charter to a province or to the legislative assembly or legislature of a province shall be deemed to include a reference to the yukon territory and the northwest territories, or to the appropriate legislative authority thereof, as the case may be. 31. legislative powers not extended nothing in this charter extends the legislative powers of any body or authority. k. application of charter � 1. application of charter this charter applies to the parliament and government of canada in respect of all matters within the authority of parliament including all matters relating to the yukon territory and northwest territories; and to the legislature and government of each province in respect of all matters within the authority of the legislature of each province. 2. exception notwithstanding subsection (1), section 15 shall not have effect until three years after this section comes into force. � 1. exception where express declaration parliament or the legislature of a province may expressly declare in an act of parliament or of the legislature, as the case may be, that the act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this charter. 2. operation of exception an act or a provision of an act in respect of which a declaration made under this section is in effect shall have such operation as it would have but for the provision of this charter referred to in the declaration. 3. five year limitation a declaration made under subsection (1) shall cease to have effect five years after it comes into force or on such earlier date as may be specified in the declaration. 4. re-enactment parliament or the legislature of a province may re-enact a declaration made under subsection (1). 5. five year limitation subsection (3) applies in respect of a re-enactment made under subsection (4). l. citation 34. citation this part may be cited as the canadian charter of rights and freedoms. part ii. rights of the aboriginal peoples of canada � 1. recognition of existing aboriginal and treaty rights the existing aboriginal and treaty rights of the aboriginal peoples of canada are hereby recognized and affirmed. 2. definition of “aboriginal peoples of canada in this act, “aboriginal peoples of canada” includes the indian, inuit and métis peoples of canada. 3. land claims agreements for greater certainty, in subsection (1) “treaty rights” includes rights that now exist by way of land claims agreements or may be so acquired. 4. aboriginal and treaty rights are guaranteed equally to both sexes notwithstanding any other provision of this act, the aboriginal and treaty rights referred to in subsection (1) are guaranteed equally to male and female persons. 35.1. commitment to participation in constitutional conference the government of canada and the provincial governments are committed to the principle that, before any amendment is made to class 24 of section 91 of the “constitution act, 1867”, to section 25 of this act or to this part, a constitutional conference that includes in its agenda an item relating to the proposed amendment, composed of the prime minister of canada and the first ministers of the provinces, will be convened by the prime minister of canada; and the prime minister of canada will invite representatives of the aboriginal peoples of canada to participate in the discussions on that item. part iii. equalization and regional disparities � 1. commitment to promote equal opportunities without altering the legislative authority of parliament or of the provincial legislatures, or the rights of any of them with respect to the exercise of their legislative authority, parliament and the legislatures, together with the government of canada and the provincial governments, are committed to promoting equal opportunities for the well-being of canadians; furthering economic development to reduce disparity in opportunities; and providing essential public services of reasonable quality to all canadians. 2. commitment respecting public services parliament and the government of canada are committed to the principle of making equalization payments to ensure that provincial governments have sufficient revenues to provide reasonably comparable levels of public services at reasonably comparable levels of taxation. part iv. constitutional conference 37. repealed part iv.i. constitutional conferences 37.1. repealed part v. procedure for amending constitution of canada � 1. general procedure for amending constitution of canada an amendment to the constitution of canada may be made by proclamation issued by the governor general under the great seal of canada where so authorized by resolutions of the senate and house of commons; and resolutions of the legislative assemblies of at least two-thirds of the provinces that have, in the aggregate, according to the then latest general census, at least fifty per cent of the population of all the provinces. 2. majority of members an amendment made under subsection (1) that derogates from the legislative powers, the proprietary rights or any other rights or privileges of the legislature or government of a province shall require a resolution supported by a majority of the members of each of the senate, the house of commons and the legislative assemblies required under subsection (1). 3. expression of dissent an amendment referred to in subsection (2) shall not have effect in a province the legislative assembly of which has expressed its dissent thereto by resolution supported by a majority of its members prior to the issue of the proclamation to which the amendment relates unless that legislative assembly, subsequently, by resolution supported by a majority of its members, revokes its dissent and authorizes the amendment. 4. revocation of dissent a resolution of dissent made for the purposes of subsection (3) may be revoked at any time before or after the issue of the proclamation to which it relates. � 1. restriction on proclamation a proclamation shall not be issued under subsection 38(1) before the expiration of one year from the adoption of the resolution initiating the amendment procedure thereunder, unless the legislative assembly of each province has previously adopted a resolution of assent or dissent. 2. idem a proclamation shall not be issued under subsection 38(1) after the expiration of three years from the adoption of the resolution initiating the amendment procedure thereunder. 40. compensation where an amendment is made under subsection 38(1) that transfers provincial legislative powers relating to education or other cultural matters from provincial legislatures to parliament, canada shall provide reasonable compensation to any province to which the amendment does not apply. 41. amendment by unanimous consent an amendment to the constitution of canada in relation to the following matters may be made by proclamation issued by the governor general under the great seal of canada only where authorized by resolutions of the senate and house of commons and of the legislative assembly of each province: the office of the queen, the governor general and the lieutenant governor of a province; the right of a province to a number of members in the house of commons not less than the number of senators by which the province is entitled to be represented at the time this part comes into force; subject to section 43, the use of the english or the french language; the composition of the supreme court of canada; and an amendment to this part. � 1. amendment by general procedure an amendment to the constitution of canada in relation to the following matters may be made only in accordance with subsection 38(1): the principle of proportionate representation of the provinces in the house of commons prescribed by the constitution of canada; the powers of the senate and the method of selecting senators; the number of members by which a province is entitled to be represented in the senate and the residence qualifications of senators; subject to paragraph 41(d), the supreme court of canada; the extension of existing provinces into the territories; and notwithstanding any other law or practice, the establishment of new provinces. 2. exception subsections 38(2) to (4) do not apply in respect of amendments in relation to matters referred to in subsection (1). 43. amendment of provisions relating to some but not all provinces an amendment to the constitution of canada in relation to any provision that applies to one or more, but not all, provinces, including any alteration to boundaries between provinces, and any amendment to any provision that relates to the use of the english or the french language within a province, may be made by proclamation issued by the governor general under the great seal of canada only where so authorized by resolutions of the senate and house of commons and of the legislative assembly of each province to which the amendment applies. 44. amendments by parliament subject to sections 41 and 42, parliament may exclusively make laws amending the constitution of canada in relation to the executive government of canada or the senate and house of commons. 45. amendments by provincial legislatures subject to section 41, the legislature of each province may exclusively make laws amending the constitution of the province. � 1. initiation of amendment procedures the procedures for amendment under sections 38, 41, 42 and 43 may be initiated either by the senate or the house of commons or by the legislative assembly of a province. 2. revocation of authorization a resolution of assent made for the purposes of this part may be revoked at any time before the issue of a proclamation authorized by it. � 1. amendments without senate resolution an amendment to the constitution of canada made by proclamation under section 38, 41, 42 or 43 may be made without a resolution of the senate authorizing the issue of the proclamation if, within one hundred and eighty days after the adoption by the house of commons of a resolution authorizing its issue, the senate has not adopted such a resolution and if, at any time after the expiration of that period, the house of commons again adopts the resolution. 2. computation of period any period when parliament is prorogued or dissolved shall not be counted in computing the one hundred and eighty day period referred to in subsection (1). 48. advice to issue proclamation the queen’s privy council for canada shall advise the governor general to issue a proclamation under this part forthwith on the adoption of the resolutions required for an amendment made by proclamation under this part. 49. constitutional conference a constitutional conference composed of the prime minister of canada and the first ministers of the provinces shall be convened by the prime minister of canada within fifteen years after this part comes into force to review the provisions of this part. part vi. amendment to the constitution act, 1867 50. see constitution act, 1867, section 92a the text of this amendment is set out in the constitution act, 1867, as section 92a. (as per footnote from 'a consolidation of the constitution acts 1867 to 1982, department of justice canada, 2013') 51. see constitution act, 1867, sixth schedule the text of this amendment is set out in the constitution act, 1867, as the sixth schedule. (as per footnote from 'a consolidation of the constitution acts 1867 to 1982, department of justice canada, 2013') part vii. general � 1. primacy of constitution of canada the constitution of canada is the supreme law of canada, and any law that is inconsistent with the provisions of the constitution is, to the extent of the inconsistency, of no force or effect. 2. constitution of canada the constitution of canada includes the canada act 1982, including this act; the acts and orders referred to in the schedule; and any amendment to any act or order referred to in paragraph (a) or (b). 3. amendments to constitution of canada amendments to the constitution of canada shall be made only in accordance with the authority contained in the constitution of canada. � 1. repeals and new names the enactments referred to in column i of the schedule are hereby repealed or amended to the extent indicated in column ii thereof and, unless repealed, shall continue as law in canada under the names set out in column iii thereof. 2. consequential amendments every enactment, except the canada act 1982, that refers to an enactment referred to in the schedule by the name in column i thereof is hereby amended by substituting for that name the corresponding name in column iii thereof, and any british north america act not referred to in the schedule may be cited as the constitution act followed by the year and number, if any, of its enactment. 54. repeal and consequential amendments 'part iv' is repealed on the day that is one year after this part comes into force and this section may be repealed and this act renumbered, consequentially upon the repeal of part iv and this section, by proclamation issued by the governor general under the great seal of canada. 54.1. repealed 55. french version of constitution of canada a french version of the portions of the constitution of canada referred to in the schedule shall be prepared by the minister of justice of canada as expeditiously as possible and, when any portion thereof sufficient to warrant action being taken has been so prepared, it shall be put forward for enactment by proclamation issued by the governor general under the great seal of canada pursuant to the procedure then applicable to an amendment of the same provisions of the constitution of canada. 56. english and french versions of certain constitutional texts where any portion of the constitution of canada has been or is enacted in english and french or where a french version of any portion of the constitution is enacted pursuant to section 55, the english and french versions of that portion of the constitution are equally authoritative. 57. english and french versions of this act the english and french versions of this act are equally authoritative. 58. commencement subject to section 59, this act shall come into force on a day to be fixed by proclamation issued by the queen or the governor general under the great seal of canada. � 1. commencement of paragraph 23(1)(a) in respect of quebec paragraph 23(1)(a) shall come into force in respect of quebec on a day to be fixed by proclamation issued by the queen or the governor general under the great seal of canada. 2. authorization of quebec a proclamation under subsection (1) shall be issued only where authorized by the legislative assembly or government of quebec. 3. repeal of this section this section may be repealed on the day paragraph 23(1)(a) comes into force in respect of quebec and this act amended and renumbered, consequentially upon the repeal of this section, by proclamation issued by the queen or the governor general under the great seal of canada. 60. short title and citations this act may be cited as the constitution act, 1982, and the constitution acts 1867 to 1975 (no. 2) and this act may be cited together as the constitution acts, 1867 to 1982. 61. references a reference to the “constitution acts, 1867 to 1982” shall be deemed to include a reference to the “constitution amendment proclamation, 1983”. schedule to the constitution act 1982. modernization of the constitution (section 53 item 1 column i. act affected british north america act, 1867, 30-31 vict., c. 3 (u.k.) column ii. amendment section 1 is repealed and the following substituted therefor: “1. this act may be cited as the constitution act, 1867.” section 20 is repealed. class 1 of section 91 is repealed. class 1 of section 92 is repealed. column iii. new name constitution act, 1867 item 2 column i. act affected an act to amend and continue the act 32-33 victoria chapter 3; and to establish and provide for the government of the province of manitoba, 1870, 33 vict., c. 3 (can.) column ii. amendment the long title is repealed and the following substituted therefor: “manitoba act, 1870.” section 20 is repealed. column iii. new name manitoba act, 1870 item 3 column i. act affected order of her majesty in council admitting rupert’s land and the north-western territory into the union, dated the 23rd day of june, 1870 column ii. amendment [blank] column iii. new name rupert’s land and north-western territory order item 4 column i. act affected order of her majesty in council admitting british columbia into the union, dated the 16th day of may, 1871. column ii. amendment [blank] column iii. new name british columbia terms of union item 5 column i. act affected british north america act, 1871, 34-35 vict., c. 28 (u.k.) column ii. amendment section 1 is repealed and the following substituted therefor: “1. this act may be cited as the constitution act, 1871.” column iii. new name constitution act, 1871 item 6 column i. act affected order of her majesty in council admitting prince edward island into the union, dated the 26th day of june, 1873. column ii. amendment [blank] column iii. new name prince edward island terms of union item 7 column i. act affected parliament of canada act, 1875, 38-39 vict., c. 38 (u.k.) column ii. amendment [blank] column iii. new name parliament of canada act, 1875 item 8 column i. act affected order of her majesty in council admitting all british possessions and territories in north america and islands adjacent thereto into the union, dated the 31st day of july, 1880. column ii. amendment [blank] column iii. new name adjacent territories order item 9 column i. act affected british north america act, 1886, 49-50 vict., c. 35 (u.k.) column ii. amendment section 3 is repealed and the following substituted therefor: “3. this act may be cited as the constitution act, 1886.” column iii. new name constitution act, 1886 item 10 column i. act affected canada (ontario boundary) act, 1889, 52-53 vict., c. 28 (u.k.) column ii. amendment [blank] column iii. new name canada (ontario boundary) act, 1889 item 11 column i. act affected canadian speaker (appointment of deputy) act, 1895, 2nd sess., 59 vict., c. 3 (u.k.) column ii. amendment the act is repealed. column iii. new name [blank] item 12 column i. act affected the alberta act, 1905, 4-5 edw. vii, c. 3 (can.) column ii. amendment [blank] column iii. new name alberta act item 13 column i. act affected the saskatchewan act, 1905, 4-5 edw. vii, c. 42 (can.) column ii. amendment [blank] column iii. new name saskatchewan act item 14 column i. act affected british north america act, 1907, 7 edw. vii, c. 11 (u.k.) column ii. amendment section 2 is repealed and the following substituted therefor: “2. this act may be cited as the constitution act, 1907.” column iii. new name constitution act, 1907 item 15 column i. act affected british north america act, 1915, 5-6 geo. v, c. 45 (u.k.) column ii. amendment section 3 is repealed and the following substituted therefor: “3. this act may be cited as the constitution act, 1915.” column iii. new name constitution act, 1915 item 16 column i. act affected british north america act, 1930, 20-21 geo. v, c. 26 (u.k.) column ii. amendment section 3 is repealed and the following substituted therefor: “3. this act may be cited as the constitution act, 1930.” column iii. new name constitution act, 1930 item 17 column i. act affected statute of westminster, 1931, 22 geo. v, c. 4 (u.k.) column ii. amendment in so far as they apply to canada, section 4 is repealed; and subsection 7(1) is repealed. column iii. new name statute of westminster, 1931 item 18 column i. act affected british north america act, 1940, 3-4 geo. vi, c. 36 (u.k.) column ii. amendment section 2 is repealed and the following substituted therefor: “2. this act may be cited as the constitution act, 1940.” column iii. new name constitution act, 1940 item 19 column i. act affected british north america act, 1943, 6-7 geo. vi, c. 30 (u.k.) column ii. amendment the act is repealed. column iii. new name [blank] item 20 column i. act affected british north america act, 1946, 9-10 geo. vi, c. 63 (u.k.) column ii. amendment the act is repealed. column iii. new name [blank] item 21 column i. act affected british north america act, 1949, 12-13 geo. vi, c. 22 (u.k.) column ii. amendment section 3 is repealed and the following substituted therefor: “3. this act may be cited as the newfoundland act.” column iii. new name newfoundland act item 22 column i. act affected british north america (no. 2) act, 1949, 13 geo. vi, c. 81 (u.k.) column ii. amendment the act is repealed. column iii. new name [blank] item 23 column i. act affected british north america act, 1951, 14-15 geo. vi, c. 32 (u.k.) column ii. amendment the act is repealed. column iii. new name [blank] item 24 column i. act affected british north america act, 1952, 1 eliz. ii, c. 15 (can.) column ii. amendment the act is repealed. column iii. new name [blank] item 25 column i. act affected british north america act, 1960, 9 eliz. ii, c. 2 (u.k.) column ii. amendment section 2 is repealed and the following substituted therefor: “2. this act may be cited as the constitution act, 1960.” column iii. new name constitution act 1960, item 26 column i. act affected british north america act, 1964, 12-13 eliz. ii, c. 73 (u.k.) column ii. amendment section 2 is repealed and the following substituted therefor: “2. this act may be cited as the constitution act, 1964.” column iii. new name constitution act 1964, item 27 column i. act affected british north america act, 1965, 14 eliz. ii, c. 4, part i (can.) column ii. amendment section 2 is repealed and the following substituted therefor: “2. this part may be cited as the constitution act, 1965.” column iii. new name constitution act 1965, item 28 column i. act affected british north america act, 1974, 23 eliz. ii, c. 13, part i (can.) column ii. amendment section 3, as amended by 25-26 eliz. ii, c. 28, s. 38(1) (can.), is repealed and the following substituted therefor: “3. this part may be cited as the constitution act, 1974.” column iii. new name constitution act 1974, item 29 column i. act affected british north america act, 1975, 23-24 eliz. ii, c. 28, part i (can.) column ii. amendment section 3, as amended by 25-26 eliz. ii, c. 28, s. 31 (can.), is repealed and the following substituted therefor: “3. this part may be cited as the constitution act (no. 1), 1975.” column iii. new name constitution act (no. 1), 1975 item 30 column i. act affected british north america act (no. 2), 1975, 23-24 eliz. ii, c. 53 (can.) column ii. amendment section 3 is repealed and the following substituted therefor: “3. this act may be cited as the constitution act (no. 2), 1975.” column iii. new name constitution act (no. 2), 1975 preamble with unwavering faith and a steadfast will to strengthen and develop the state, which embodies the inextinguishable right of the people of estonia to national self-determination and which was proclaimed on 24 february 1918, which is founded on liberty, justice and the rule of law, which is created to protect the peace and defend the people against aggression from the outside, and which forms a pledge to present and future generations for their social progress and welfare, which must guarantee the preservation of the estonian people, the estonian language and the estonian culture through the ages, the people of estonia, on the basis of article 1 of the constitution which entered into force in 1938, and in the referendum held on 28 june 1992, have adopted the following constitution. chapter i. general provisions article 1 estonia is an independent and sovereign democratic republic wherein the supreme power of state is vested in the people. the independence and sovereignty of estonia are timeless and inalienable. article 2 the land, territorial waters and airspace of the estonian state are an inseparable and indivisible whole. estonia is politically a unitary state wherein administrative division shall be provided by law. article 3 the state authority shall be exercised solely pursuant to the constitution and laws which are in conformity therewith. generally recognized principles and rules of international law are an inseparable part of the estonian legal system. laws shall be published in the prescribed manner. only published laws have obligatory force. article 4 the activities of the riigikogu (parliament of estonia), the president of the republic, the government of the republic, and the courts shall be organized on the principle of separation and balance of powers. article 5 the natural wealth and resources of estonia are national riches which shall be used economically. article 6 the official language of estonia is estonian. article 7 the national colors of estonia are blue, black and white. the design of the national flag and the national coat of arms shall be provided by law. chapter ii. fundamental rights, freedoms and duties article 8 every child of whose parents one is an estonian citizen has the right to estonian citizenship by birth. everyone who has lost his or her estonian citizenship as a minor has the right to its resumption. no one shall be deprived of estonian citizenship acquired by birth. no one shall be deprived of estonian citizenship because of his or her beliefs. the conditions and procedures for the acquisition, loss and resumption of estonian citizenship shall be provided by the citizenship act. article 9 the rights, freedoms and duties of each and every person, as set out in the constitution, shall be equal for estonian citizens and for citizens of foreign states and stateless persons in estonia. the rights, freedoms and duties set out in the constitution shall extend to legal persons in so far as this is in accordance with the general aims of legal persons and with the nature of such rights, freedoms and duties. article 10 the rights, freedoms and duties set out in this chapter shall not preclude other rights, freedoms and duties which arise from the spirit of the constitution or are in accordance therewith, and conform to the principles of human dignity and of a state based on social justice, democracy, and the rule of law. article 11 rights and freedoms may be restricted only in accordance with the constitution. such restrictions must be necessary in a democratic society and shall not distort the nature of the rights and freedoms restricted. article 12 everyone is equal before the law. no one shall be discriminated against on the basis of nationality, race, color, sex, language, origin, religion, political or other opinion, property or social status, or on other grounds. the incitement of national, racial, religious or political hatred, violence or discrimination shall, by law, be prohibited and punishable. the incitement of hatred, violence or discrimination between social strata shall, by law, also be prohibited and punishable. article 13 everyone has the right to the protection of the state and of the law. the estonian state shall also protect its citizens abroad. the law shall protect everyone from the arbitrary exercise of state authority. article 14 the guarantee of rights and freedoms is the duty of the legislative, executive and judicial powers, and of local governments. article 15 everyone whose rights and freedoms are violated has the right of recourse to the courts. everyone has the right, while his or her case is before the court, to petition for any relevant law, other legislation or procedure to be declared unconstitutional. the courts shall observe the constitution and shall declare unconstitutional any law, other legislation or procedure which violates the rights and freedoms provided by the constitution or which is otherwise in conflict with the constitution. article 16 everyone has the right to life. this right shall be protected by law. no one shall be arbitrarily deprived of his or her life. article 17 no one’s honor or good name shall be defamed. article 18 no one shall be subjected to torture or to cruel or degrading treatment or punishment. no one shall be subjected to medical or scientific experiments against his or her free will. article 19 everyone has the right to freely develop his/her personality. everyone shall honor and consider the rights and freedoms of others, and shall observe the law, in exercising his or her rights and freedoms and in fulfilling his or her duties. article 20 everyone has the right to liberty and security of person. no one shall be deprived of his or her liberty except in the cases and pursuant to procedure provided by law: to execute a conviction or detention ordered by a court; in the case of non-compliance with a direction of the court or to ensure the fulfillment of a duty provided by law; to combat a criminal or administrative offence, to bring a person who is reasonably suspected of such an offence before a competent state authority, or to prevent his or her escape; to place a minor under disciplinary supervision or to bring him or her before a competent state authority to determine whether to impose such supervision; to detain a person suffering from an infectious disease, a person of unsound mind, an alcoholic or a drug addict, if such person is dangerous to himself or herself or to others; to prevent illegal settlement in estonia and to expel a person from estonia or to extradite a person to a foreign state. no one shall be deprived of his or her liberty merely on the ground of inability to fulfill a contractual obligation. article 21 everyone who is deprived of his or her liberty shall be informed promptly, in a language and manner which he or she understands, of the reason for the deprivation of liberty and of his or her rights, and shall be given the opportunity to notify those closest to him or her. a person suspected of a criminal offence shall also be promptly given the opportunity to choose and confer with counsel. the right of a person suspected of a criminal offence to notify those closest to him or her of the deprivation of liberty may be restricted only in the cases and pursuant to procedure provided by law to combat a criminal offence or in the interests of ascertaining the truth in a criminal procedure. no one shall be held in custody for more than forty-eight hours without the specific authorization of a court. the decision of the court shall be promptly communicated to the person in custody in a language and manner which he or she understands. article 22 no one shall be presumed guilty of a criminal offence until a conviction by a court against him or her enters into force. no one has the duty to prove his or her innocence in a criminal procedure. no one shall be compelled to testify against himself or herself, or against those closest to him or her. article 23 no one shall be convicted of an act which did not constitute a criminal offence under the law in force at the time the act was committed. no one shall have a more severe punishment imposed on him or her than the one that was applicable at the time the offence was committed. if, subsequent to the commission of an offence, the law provides for a lesser punishment, the lesser punishment shall apply. no one shall be prosecuted or punished again for an act of which he or she has been finally convicted or acquitted pursuant to law. article 24 no one shall be transferred, against his or her free will, from the jurisdiction of the court specified by law to the jurisdiction of another court. everyone has the right to be tried in his or her presence. court sessions shall be public. a court may, in the cases and pursuant to procedure provided by law, declare that a session or a part thereof be held in camera to protect a state or business secret, morals or the private and family life of a person, or where the interests of a minor, a victim, or justice so require. judgment shall be pronounced publicly, except in cases where the interests of a minor, a spouse, or a victim require otherwise. everyone has the right of appeal to a higher court against the judgment in his or her case pursuant to procedure provided by law. article 25 everyone has the right to compensation for moral and material damage caused by the unlawful action of any person. article 26 everyone has the right to the inviolability of private and family life. state agencies, local governments, and their officials shall not interfere with the private or family life of any person, except in the cases and pursuant to procedure provided by law to protect health, morals, public order, or the rights and freedoms of others, to combat a criminal offence, or to apprehend a criminal offender. article 27 the family, being fundamental to the preservation and growth of the nation and as the basis of society shall be protected by the state. spouses have equal rights. parents have the right and the duty to raise and care for their children. the protection of parents and children shall be provided by law. the family has a duty to care for its needy members. article 28 everyone has the right to the protection of health. an estonian citizen has the right to state assistance in the case of old age, incapacity for work, loss of a provider, or need. the categories and extent of assistance, and the conditions and procedure for the receipt of assistance shall be provided by law. citizens of foreign states and stateless persons who are in estonia have this right equally with estonian citizens, unless otherwise provided by law. the state shall promote voluntary and local government welfare services. families with many children and persons with disabilities shall be under the special care of the state and local governments. article 29 an estonian citizen has the right to freely choose his or her area of activity, profession and place of work. conditions and procedure for the exercise of this right may be provided by law. citizens of foreign states and stateless persons who are in estonia have this right equally with estonian citizens, unless otherwise provided by law. no one shall be compelled to perform work or service against his or her free will, except service in the armed forces or alternative service, work to prevent the spread of an infectious disease, work in the case of a natural disaster or a catastrophe, and work which a convict must perform on the basis of and pursuant to procedure established by law. the state shall organize vocational training and shall assist persons who seek employment in finding work. working conditions shall be under state supervision. everyone may freely belong to unions and federations of employees and employers. unions and federations of employees and employers may uphold their rights and lawful interests by means which are not prohibited by law. the conditions and procedure for the exercise of the right to strike shall be provided by law. the procedure for resolution of labor disputes shall be provided by law. article 30 positions in state agencies and local governments shall be filled by estonian citizens, on the basis of and pursuant to procedure established by law. these positions may, as an exception, be filled by citizens of foreign states or stateless persons, in accordance with law. the right of some categories of state public servants to engage in enterprise and to form commercial associations (article 31), as well as the right to belong to political parties and some types of non-profit associations (article 48) may be restricted by law. article 31 estonian citizens have the right to engage in enterprise and to form commercial undertakings and unions. conditions and procedure for the exercise of this right may be provided by law. citizens of foreign states and stateless persons who are in estonia have this right equally with estonian citizens, unless otherwise provided by law. article 32 the property of every person is inviolable and equally protected. property may be expropriated without the consent of the owner only in the public interest, in the cases and pursuant to procedure provided by law, and for fair and immediate compensation. everyone whose property is expropriated without his or her consent has the right of recourse to the courts and to contest the expropriation, the compensation, or the amount thereof. everyone has the right to freely possess, use, and dispose of his or her property. restrictions shall be provided by law. property shall not be used contrary to the public interest. classes of property which, in the public interest, may be acquired in estonia only by estonian citizens, some categories of legal persons, local governments, or the estonian state may be provided by law. the right of succession is guaranteed. article 33 the home is inviolable. no one’s dwelling, real or personal property under his or her control, or place of employment shall be forcibly entered or searched, except in the cases and pursuant to procedure provided by law, to protect public order, health or the rights and freedoms of others, to combat a criminal offence, to apprehend a criminal offender, or to ascertain the truth in a criminal procedure. article 34 everyone who is legally in estonia has the right to freedom of movement and to choice of residence. the right to freedom of movement may be restricted in the cases and pursuant to procedure provided by law to protect the rights and freedoms of others, in the interests of national defense, in the case of a natural disaster or a catastrophe, to prevent the spread of an infectious disease, to protect the natural environment, to prevent the leaving of a minor or a person of unsound mind without supervision, or to ensure the administration of a criminal procedure. article 35 everyone has the right to leave estonia. this right may be restricted in the cases and pursuant to procedure provided by law to ensure the administration of court or pre-trial procedure, or to execute a court judgment. article 36 no estonian citizen shall be expelled from estonia or prevented from settling in estonia. no estonian citizen shall be extradited to a foreign state, except under conditions prescribed by an international treaty and pursuant to procedure provided by such treaty and by law. extradition shall be decided by the government of the republic. everyone who is under an extradition order has the right to contest the extradition in an estonian court. every estonian has the right to settle in estonia. article 37 everyone has the right to education. education is compulsory for school-age children to the extent specified by law, and shall be free of charge in state and local government general education schools. in order to make education accessible, the state and local governments shall maintain the requisite number of educational institutions. other educational institutions, including private schools, may also be established and maintained pursuant to law. parents shall have the final decision in the choice of education for their children. everyone has the right to receive instruction in estonian. the language of instruction in national minority educational institutions shall be chosen by the educational institution. the provision of education shall be supervised by the state. article 38 science and art and their instruction are free. universities and research institutions are autonomous within the restrictions prescribed by law. article 39 an author has the inalienable right to his or her work. the state shall protect the rights of the author. article 40 everyone has freedom of conscience, religion and thought. everyone may freely belong to churches and religious societies. there is no state church. everyone has the freedom to exercise his or her religion, both alone and in community with others, in public or in private, unless this is detrimental to public order, health or morals. article 41. everyone has the right to remain faithful to his or her opinions and beliefs. no one shall be compelled to change them. beliefs shall not excuse a violation of the law. no one shall bear legal liability because of his or her beliefs. article 42 state agencies, local governments, and their officials shall not gather or store information about the beliefs of an estonian citizen against the citizen’s free will. article 43 everyone has the right to confidentiality of messages sent or received by him or her by post, telegraph, telephone or other commonly used means. exceptions may be made by court authorization to combat a criminal offence, or to ascertain the truth in a criminal procedure, in the cases and pursuant to procedure provided by law. article 44 everyone has the right to freely obtain information disseminated for public use. all state agencies, local governments, and their officials have a duty to provide information about their activities, pursuant to procedure provided by law, to an estonian citizen at his or her request, except information the disclosure of which is prohibited by law, and information intended exclusively for internal use. an estonian citizen has the right to access information about himself or herself held in state agencies and local governments and in state and local government archives, pursuant to procedure provided by law. this right may be restricted pursuant to law to protect the rights and freedoms of others or the confidentiality of a child’s filiation, and in the interests of combating a criminal offence, apprehending a criminal offender, or ascertaining the truth in a criminal procedure. citizens of foreign states and stateless persons who are in estonia have the rights specified in paragraphs two and three of this section equally with estonian citizens, unless otherwise provided by law. article 45 everyone has the right to freely disseminate ideas, opinions, beliefs and other information by word, print, picture or other means. this right may be restricted by law to protect public order, morals, and the rights and freedoms, health, honor and good name of others. this right may also be restricted by law for state and local government public servants, to protect a state or business secret or information received in confidence, which has become known to them by reason of their office, and the family and private life of others, as well as in the interests of justice. there is no censorship. article 46 everyone has the right to address state agencies, local governments, and their officials with memoranda and petitions. the procedure for responding shall be provided by law. article 47 everyone has the right, without prior permission, to assemble peacefully and to conduct meetings. this right may be restricted in the cases and pursuant to procedure provided by law to ensure national security, public order, morals, traffic safety, and the safety of participants in a meeting, or to prevent the spread of an infectious disease. article 48 everyone has the right to form non-profit associations. only estonian citizens may belong to political parties. the establishment of organizations and unions which possess weapons, are militarily organized or perform military exercises requires prior permission, for which the conditions and procedure of issuance shall be provided by law. organizations, unions, and political parties whose aims or activities are directed at changing the constitutional order of estonia by force, or are otherwise in conflict with the law providing for criminal liability, are prohibited. only a court may terminate or suspend the activities of, or fine, an organization, union or political party, for a violation of the law. article 49 everyone has the right to preserve his or her national identity. article 50 national minorities have the right, in the interests of national culture, to establish self-governing agencies under conditions and pursuant to procedure provided by the national minorities cultural autonomy act. article 51 everyone has the right to address state agencies, local governments, and their officials in estonian and to receive responses in estonian. in localities where at least one-half of the permanent residents belong to a national minority, everyone has the right to also receive responses from state agencies, local governments, and their officials in the language of the national minority. article 52 the official language of state agencies and local governments shall be estonian. in localities where the language of the majority of the residents is not estonian, local governments may, to the extent and pursuant to procedure provided by law, use the language of the majority of the permanent residents of the locality as an internal working language. the use of foreign languages, including the languages of national minorities, in state agencies and in court and pre-trial procedure shall be provided by law. article 53 everyone has a duty to preserve the human and natural environment and to compensate for damage caused to the environment by him or her. the procedure for compensation shall be provided by law. article 54 an estonian citizen has a duty to be loyal to the constitutional order and to defend the independence of estonia. if no other means are available, every estonian citizen has the right to initiate resistance against a forcible change of the constitutional order. article 55 citizens of foreign states and stateless persons who are in estonia have a duty to observe the constitutional order of estonia. chapter iii. the people article 56 the supreme power of state shall be exercised by the people through citizens with the right to vote: by electing the riigikogu; through a referendum. article 57 an estonian citizen who has attained eighteen years of age has the right to vote. an estonian citizen who has been divested of his or her legal capacity by a court does not have the right to vote. article 58 participation in voting may be restricted by law for estonian citizens who have been convicted by a court and are serving sentences in penal institutions. chapter iv. the riigikogu article 59 legislative power is vested in the riigikogu. article 60 the riigikogu shall be comprised of one hundred and one members. members of the riigikogu shall be elected in free elections on the principle of proportionality. elections shall be general, uniform and direct. voting shall be secret. every estonian citizen who has attained twenty-one years of age and has the right to vote may be a candidate for the riigikogu. regular elections to the riigikogu shall be held on the first sunday in march of the fourth year following the preceding riigikogu election year. extraordinary elections to the riigikogu shall be held, in the cases prescribed in article 89, 97, 105 and 119 of the constitution, not earlier than twenty and not later than forty days after the elections are declared. the procedure for the election of the riigikogu shall be provided by the riigikogu election act. article 61 the authority of the members of the riigikogu shall commence on the day the results of the elections are announced. the authority of the members of the preceding riigikogu shall terminate on the same day. before assuming his or her duties, a member of the riigikogu shall take an oath of office to remain loyal to the republic of estonia and to its constitutional order. article 62 a member of the riigikogu shall not be bound by his or her mandate, or incur legal liability for votes cast or political statements made by him or her in the riigikogu or in any of its bodies. article 63 a member of the riigikogu shall not hold any other state office. a member of the riigikogu is exempt from the duty to serve in the armed forces during his or her term of office. article 64 the authority of a member of the riigikogu shall be suspended upon his or her appointment as a member of the government of the republic, and shall be restored upon release from his or her duties as a member of the government. the authority of a member of the riigikogu shall terminate prematurely: upon his or her assumption of another state office; upon the entry into force of a conviction by a court against him or her; upon his or her resignation, pursuant to procedure provided by law; if the supreme court decides that he or she is incapable of performing his or her duties for an extended period; upon his or her death. upon the suspension or premature termination of the authority of a member of the riigikogu, he or she shall be replaced by an alternate member, pursuant to procedure provided by law. an alternate member has all the rights and duties of a member of the riigikogu. the authority of an alternate member shall terminate upon the restoration of the authority of the member of the riigikogu. article 65 the riigikogu shall: pass laws and resolutions; decide on the holding of a referendum; elect the president of the republic, pursuant to article 79 of the constitution; ratify and denounce international treaties, in accordance with article 121 of the constitution; authorize the candidate for prime minister to form the government of the republic; pass the state budget and approve the report on its implementation; on the proposal of the president of the republic, appoint to office the chief justice of the supreme court, the chairman of the board of the bank of estonia, the auditor general and the chancellor of justice; on the proposal of the chief justice of the supreme court, appoint to office justices of the supreme court; appoint members of the board of the bank of estonia; on the proposal of the government, decide on borrowing by the state and on the assumption of other proprietary obligations by the state; present statements, declarations and appeals to the people of estonia, other states, and international organizations; establish state awards, and military and diplomatic ranks; decide on the expression of no confidence in the government of the republic, the prime minister or individual ministers; declare a state of emergency in the state, pursuant to article 129 of the constitution; on the proposal of the president of the republic, declare a state of war, and order mobilization and demobilization; resolve other national issues which the constitution does not vest in the president of the republic, the government of the republic, other state bodies or local governments. article 66 the first session of the new membership of the riigikogu shall be held within ten days after the announcement of the results of the elections to the riigikogu. the first session of the riigikogu shall be convened by the president of the republic. article 67 regular sessions of the riigikogu shall take place from the second monday of january to the third thursday of june, and from the second monday of september to the third thursday of december. article 68 extraordinary sessions of the riigikogu shall be convened by the chairman of the riigikogu, on the proposal of the president of the republic, the government of the republic, or not less than one-fifth of the membership of the riigikogu. article 69 the riigikogu shall elect from among its members the chairman of the riigikogu and two deputy chairmen who shall manage the work of the riigikogu pursuant to the riigikogu procedure act and the riigikogu administration act. article 70 the quorum for the riigikogu shall be provided by the riigikogu procedure act. in an extraordinary session, the riigikogu shall have a quorum if more than one-half of the membership of the riigikogu is present. article 71 the riigikogu shall form committees. members of the riigikogu have the right to form factions. the procedure for the formation of committees and factions, and their rights, shall be provided by the riigikogu procedure act. article 72 sessions of the riigikogu shall be public, unless the riigikogu by a two-thirds majority decides otherwise. voting in the riigikogu shall be open. voting by secret ballot shall be held in the cases prescribed by the constitution or by the riigikogu procedure act, only in the election or appointment of officials. article 73 legislation of the riigikogu shall be passed by a majority of votes in favor, unless otherwise prescribed by the constitution. article 74 a member of the riigikogu has the right to make inquiries to the government of the republic and its members, to the chairman of the board of the bank of estonia, the president of the bank of estonia, the auditor general and the chancellor of justice. the inquiries shall be answered at a session of the riigikogu within twenty session days. article 75 the remuneration of members of the riigikogu and restrictions on the receipt of other employment income shall be provided by law, which may be amended for the next membership of the riigikogu. article 76 a member of the riigikogu enjoys immunity. criminal charges may be brought against him or her only on the proposal of the chancellor of justice, and with the consent of the majority of the membership of the riigikogu. chapter v. the president of the republic article 77 the president of the republic is the head of state of estonia. article 78 the president of the republic shall: represent the republic of estonia in international relations; appoint and recall diplomatic agents of the republic of estonia, on the proposal of the government of the republic, and receive the credentials of diplomatic agents accredited to estonia; declare regular elections to the riigikogu and, pursuant to article 89, 97, 105 and 119 of the constitution, extraordinary elections to the riigikogu; convene the new membership of the riigikogu, pursuant to article 66 of the constitution, and open its first session; propose to the chairman of the riigikogu to convene an extra-ordinary session of the riigikogu, pursuant to article 68 of the constitution; proclaim laws, pursuant to article 105 and 107 of the constitution, and sign instruments of ratification; issue decrees, pursuant to article 109 and 110 of the constitution; initiate amendment of the constitution; designate the candidate for prime minister, pursuant to article 89 of the constitution; appoint to and release from office members of the government, pursuant to article 89, 90, and 92 of the constitution; make proposals to the riigikogu for appointments to the offices of chief justice of the supreme court, chairman of the board of the bank of estonia, auditor general and chancellor of justice; on the proposal of the board of the bank of estonia, appoint to office the president of the bank of estonia; on the proposal of the supreme court, appoint judges; [repealed by rt i, 27.04.2011, 1 entry into force 22.07.2011]; confer state awards, and military and diplomatic ranks; be the supreme commander of the national defense of estonia; make proposals to the riigikogu to declare a state of war, to order mobilization and demobilization, and, pursuant to article 129 of the constitution, to declare a state of emergency; declare, in the case of aggression against estonia, a state of war and order mobilization pursuant to article 128 of the constitution; by way of clemency release or grant commutation to convicts at their request; initiate the bringing of criminal charges against the chancellor of justice, pursuant to article 145 of the constitution. article 79 the president of the republic shall be elected by the riigikogu, or, in the case provided by paragraph four of this section, by an electoral body. the right to nominate a candidate for president of the republic rests with not less than one-fifth of the membership of the riigikogu. an estonian citizen by birth who has attained forty years of age may be nominated as a candidate for president of the republic. the president of the republic shall be elected by secret ballot. each member of the riigikogu shall have one vote. a candidate in favor of whom a two-thirds majority of the membership of the riigikogu votes shall be considered elected. if no candidate receives the required majority, a new round of voting shall be held on the next day. before the second round of voting, a new nomination of candidates shall be held. if no candidate receives the required majority in the second round of voting, a third round of voting shall be held on the same day between the two candidates who receive the greatest number of votes in the second round. if the president of the republic is still not elected in the third round of voting, the chairman of the riigikogu shall, within one month, convene an electoral body to elect the president of the republic. the electoral body shall be comprised of members of the riigikogu and representatives of the local government councils. each local government council shall elect at least one representative to the electoral body, who must be an estonian citizen. the riigikogu shall present the two candidates who receive the greatest number of votes in the riigikogu to the electoral body as candidates for president. the right to nominate a candidate for president also rests with not less than twenty-one members of the electoral body. the electoral body shall elect the president of the republic by a majority of the voting electoral body members. if no candidate is elected in the first round, a second round of voting shall be held on the same day between the two candidates who receive the greatest number of votes. the specific procedure for the election of the president of the republic shall be provided by the president of the republic election act. article 80. the president of the republic shall be elected for a term of five years. no one shall be elected to the office of president of the republic for more than two consecutive terms. the regular election of the president of the republic shall be held not earlier than sixty and not later than ten days before the end of the term of office of the president of the republic. article 81. the president of the republic shall assume office by swearing the following oath of office to the people of estonia before the riigikogu: "in assuming the office of president of the republic, i (given name and surname), solemnly swear to steadfastly defend the constitution and the laws of the republic of estonia, to exercise the power entrusted to me in a just and impartial manner, and to faithfully perform my duties with all of my abilities and to the best of my under-standing, for the benefit of the people of estonia and the republic of estonia.” article 82 the powers of the president of the republic shall terminate upon: his or her resignation from office; the entry into force of a conviction by a court against him or her; his or her death; the assumption of office of the new president of the republic. article 83 if the president of the republic is incapable of performing his or her duties for an extended period as decided by the supreme court, or if he or she is temporarily unable to perform them as in the cases specified by law, or if his or her powers have terminated prematurely, then his or her duties shall temporarily transfer to the chairman of the riigikogu. during the time that the chairman of the riigikogu is performing the duties of the president of the republic, his or her authority as a member of the riigikogu shall be suspended. the chairman of the riigikogu, acting as president of the republic, does not have the right, without the consent of the supreme court, to declare extraordinary elections to the riigikogu or to refuse to proclaim laws. if the president of the republic is unable to perform his or her official duties for longer than three consecutive months, or if his or her powers terminate prematurely, the riigikogu shall elect a new president of the republic within fourteen days, pursuant to article 79 of the constitution. article 84 upon assuming office, the authority and duties of the president of the republic in all elected and appointed offices shall terminate, and he or she shall suspend his or her membership in political parties for the duration of his or her term of office. article 85 criminal charges may be brought against the president of the republic only on the proposal of the chancellor of justice, and with the consent of the majority of the membership of the riigikogu. chapter vi. the government of the republic article 86 executive power is vested in the government of the republic. article 87 the government of the republic shall: execute the domestic and foreign policies of the state; direct and co-ordinate the activities of government agencies; administer the implementation of laws, resolutions of the riigikogu, and legislation of the president of the republic; introduce bills, and submit international treaties to the riigikogu for ratification and denunciation; prepare the draft of the state budget and submit it to the riigikogu, administer the implementation of the state budget and present a report on the implementation of the state budget to the riigikogu; issue regulations and orders on the basis of and for the implementation of law; manage relations with other states; declare an emergency situation throughout the state or in a part thereof, in the case of a natural disaster or a catastrophe, or to prevent the spread of an infectious disease; perform other duties which the constitution and the laws vest in the government of the republic. article 88 the government of the republic shall be comprised of the prime minister and ministers. article 89 the president of the republic shall, within fourteen days after the resignation of the government of the republic, designate a candidate for prime minister to whom the president of the republic shall assign the task of forming a new government. the candidate for prime minister shall, within fourteen days after receiving the task of forming a new government, present the bases for the formation of the forthcoming government to the riigikogu, after which the riigikogu shall decide, without debate and by an open vote, whether to authorize the candidate for prime minister to form a government. the candidate for prime minister who is authorized by the riigikogu to form a government shall, within seven days, present the membership of the government to the president of the republic, who shall appoint the government to office within three days. if the candidate for prime minister designated by the president of the republic does not receive a majority of votes in favor from the riigikogu, or is unable or declines to form a government, the president of the republic has the right to present a second candidate for prime minister within seven days. if the president of the republic does not present a second candidate for prime minister within seven days or declines to do so, or if the second candidate is unable to obtain authority from the riigikogu under the conditions and time restraints in paragraphs two and three of this section, or is unable or declines to form a government, then the right to nominate a candidate for prime minister shall transfer to the riigikogu. the riigikogu shall nominate a candidate for prime minister who shall present the membership of a government to the president of the republic. if the membership of a government is not presented to the president of the republic within fourteen days after the transfer to the riigikogu of the right to nominate a candidate for prime minister, the president of the republic shall declare extraordinary elections to the riigikogu. article 90 changes to the appointed membership of the government of the republic shall be made by the president of the republic, on the proposal of the prime minister. article 91 the government shall assume office by taking an oath of office before the riigikogu. article 92 the government of the republic shall resign upon: the convention of the new membership of the riigikogu; the resignation or death of the prime minister; the expression of no confidence in the government of the republic or the prime minister by the riigikogu. the president of the republic shall release the government of the republic from office upon the assumption of office of the new government. article 93 the prime minister shall represent the government of the republic and shall direct its activities. the prime minister shall appoint two ministers who have the right to substitute for the prime minister during his or her absence. the procedure for substitution shall be specified by the prime minister. article 94 corresponding ministries shall be established, pursuant to law, for the administration of the areas of government. a minister shall direct a ministry, shall manage issues within its area of government, shall issue regulations and directives on the basis and for the implementation of law, and shall perform other duties assigned to him or her on the bases of and pursuant to procedure provided by law. if a minister is temporarily unable to perform the duties of his or her office due to illness or other hindrances, the prime minister shall transfer the duties of the minister to another minister for this time. the president of the republic may, on the proposal of the prime minister, appoint ministers to office who do not direct ministries. article 95 the state chancellery, directed by the state secretary, is within the government of the republic. the state secretary shall be appointed to and released from office by the prime minister. the state secretary shall participate in sessions of the government with the right to speak. the state secretary, as the director of the state chancellery, has the same rights which are granted by law to a minister in directing a ministry. article 96 sessions of the government of the republic shall be closed, unless the government decides otherwise. the government shall make its decisions on the proposal of the prime minister or the appropriate minister. government regulations shall have force if they bear the signatures of the prime minister, the appropriate minister and the state secretary. article 97 the riigikogu may express no-confidence in the government of the republic, the prime minister, or a minister by a resolution in favor of which a majority of the membership of the riigikogu votes. an expression of no-confidence may be initiated by not less than one-fifth of the membership of the riigikogu by the presentation of a written motion at a session of the riigikogu. an expression of no-confidence may be decided not earlier than on the second day after its initiation, unless the government requires a more expeditious decision. if no-confidence is expressed in the government or the prime minister, the president of the republic may, on the proposal of the government and within three days, declare extraordinary elections to the riigikogu. if no-confidence is expressed in a minister, the chairman of the riigikogu shall notify the president of the republic, who shall release the minister from office. an expression of no-confidence on the same ground may be initiated not earlier than three months after the previous vote of no-confidence. article 98 the government of the republic may bind the passage of a bill it introduces to the riigikogu to the issue of confidence. voting shall not take place earlier than on the second day after the bill is bound to the issue of confidence. if the riigikogu does not pass the bill, the government shall resign. article 99 members of the government of the republic shall not hold any other state office, nor belong to the management board or supervisory board of a commercial enterprise. article 100 members of the government of the republic may participate in sessions of the riigikogu and of its committees with the right to speak. article 101 criminal charges may be brought against a member of the government of the republic only on the proposal of the chancellor of justice, and with the consent of the majority of the membership of the riigikogu. the authority of a member of the government shall terminate upon the entry into force of a conviction by a court against him or her. chapter vii. legislation article 102 laws shall be passed in accordance with the constitution. article 103 the following have the right to initiate laws: a member of the riigikogu; a faction of the riigikogu; a committee of the riigikogu; the government of the republic; the president of the republic, for amendment of the constitution. the riigikogu has the right, on the basis of a resolution made by a majority of its membership, to propose to the government of the republic to initiate a bill desired by the riigikogu. article 104 the procedure for the passage of laws shall be provided by the riigikogu procedure act. the following laws may be passed and amended only by a majority of the membership of the riigikogu: citizenship act; riigikogu election act; president of the republic election act; local government election act; referendum act; riigikogu procedure act and riigikogu administration act; remuneration of the president of the republic and members of the riigikogu act; government of the republic act; institution of court proceedings against the president of the republic and members of the government act; national minorities cultural autonomy act; state budget act; bank of estonia act; state audit office act; courts administration act and court procedure acts; acts pertaining to foreign and domestic borrowing, and to proprietary obligations of the state; state of emergency act; peace-time national defense act and war-time national defense act. article 105 the riigikogu has the right to submit a bill or other national issue to a referendum. the decision of the people shall be made by a majority of the participants in the voting. a law which is passed by a referendum shall promptly be proclaimed by the president of the republic. the decision of the referendum shall be binding on all state institutions. if a bill which is submitted to a referendum does not receive a majority of votes in favor, the president of the republic shall declare extraordinary elections to the riigikogu. article 106 issues regarding the budget, taxation, financial obligations of the state, ratification and denunciation of international treaties, the declaration or termination of a state of emergency, or national defense shall not be submitted to a referendum. the procedure for holding a referendum shall be provided by the referendum act. article 107 laws shall be proclaimed by the president of the republic. the president of the republic may refuse to proclaim a law passed by the riigikogu and, within fourteen days after its receipt, return the law, together with his or her reasoned resolution, to the riigikogu for a new debate and decision. if the riigikogu again passes the law which is returned to it by the president of the republic, unamended, the president of the republic shall proclaim the law or shall propose to the supreme court to declare the law unconstitutional. if the supreme court declares the law constitutional, the president of the republic shall proclaim the law. article 108 a law shall enter into force on the tenth day after its publication in the riigi teataja (the state gazette), unless the law itself provides otherwise. article 109 if the riigikogu is unable to convene, the president of the republic may, in cases of urgent state need, issue decrees which have the force of law, and which shall bear the counter-signatures of the chairman of the riigikogu and the prime minister. when the riigikogu convenes, the president of the republic shall present the decrees to the riigikogu, which shall promptly pass a law for their confirmation or repeal. article 110 the constitution, the acts set out in article 104 of the constitution, laws which establish state taxes, and the state budget shall not be enacted, amended or repealed by a decree of the president of the republic. chapter viii. finance and the state budget article 111 the bank of estonia has the sole right to issue estonian currency. the bank of estonia shall regulate currency circulation and shall uphold the stability of the national currency. article 112 the bank of estonia shall act pursuant to law and shall report to the riigikogu. article 113 state taxes, duties, fees, fines and compulsory insurance payments shall be provided by law. article 114 the procedures for the possession, use, and disposal of state assets shall be provided by law. article 115 the riigikogu shall pass as a law the budget of all state revenue and expenditure for each year. the government of the republic shall submit a draft state budget to the riigikogu not later than three months before the beginning of the budgetary year. on the proposal of the government, the riigikogu may pass a supplementary budget during the budgetary year. article 116 if a proposed amendment to the state budget or to its draft has the effect of decreasing estimated revenue, or increasing expenditure or reallocating expenditure, the proponent of the amendment shall append financial calculations to the proposed amendment which demonstrate the sources of revenue necessary to cover the expenditure. the riigikogu shall not eliminate or reduce expenditure in the state budget or in its draft which is prescribed by other laws. article 117 the procedures for the drafting and passage of the state budget shall be provided by law. article 118 the state budget passed by the riigikogu shall enter into force at the beginning of the budgetary year. if the riigikogu does not pass the state budget by the beginning of the budgetary year, expenditure of up to one-twelfth of the expenditure of the preceding budgetary year may be made each month. article 119 if the riigikogu has not passed the state budget within two months after the beginning of the budgetary year, the president of the republic shall declare extraordinary elections to the riigikogu. chapter ix. foreign relations and international treaties article 120 the procedure for the relations of the republic of estonia with other states and with international organizations shall be provided by law. article 121 the riigikogu shall ratify and denounce treaties of the republic of estonia: which alter state borders; the implementation of which requires the passage, amendment or repeal of estonian laws; by which the republic of estonia joins international organizations or unions; by which the republic of estonia assumes military or proprietary obligations; in which ratification is prescribed. article 122 the land boundary of estonia is determined by the tartu peace treaty of 2 february 1920 and by other international boundary agreements. the sea and air boundaries of estonia shall be determined on the basis of international conventions. the ratification of international treaties which alter the state borders of estonia requires a two-thirds majority of the membership of the riigikogu. article 123 the republic of estonia shall not enter into international treaties which are in conflict with the constitution. if laws or other legislation of estonia are in conflict with international treaties ratified by the riigikogu, the provisions of the international treaty shall apply. chapter x. national defense article 124 estonian citizens have a duty to participate in national defense on the bases of and pursuant to procedure provided by law. a person who refuses to serve in the armed forces for religious or moral reasons has a duty to perform alternative service pursuant to procedure prescribed by law. persons in the armed forces and alternative service have all constitutional rights, freedoms and duties, unless otherwise prescribed by law due to the special interests of the service. the rights and freedoms prescribed in paragraphs 3 and 4 of article 8, article 11–18, paragraph 3 of article 20, article 21–28, article 32, article 33, article 36–43, paragraphs 1 and 2 of article 44, article 49–51 of the constitution shall not be restricted. the legal status of persons in the armed forces and alternative service shall be provided by law. article 125. a person in active service shall not hold other elected or appointed office, or participate in the activities of any political party. article 126. the organization of national defense shall be provided by the peace-time national defense act and the war-time national defense act. the organization of the estonian armed forces and national defense organizations shall be provided by law. article 127. the supreme commander of national defense is the president of the republic. the national defense council is an advisory body to the president of the republic, and its membership and tasks shall be provided by law. article 128 the riigikogu shall, on the proposal of the president of the republic, declare a state of war, shall order mobilization and demobilization, and shall decide on the utilization of the armed forces in the fulfillment of the international obligations of the estonian state. in the case of aggression against the republic of estonia, the president of the republic shall declare a state of war, shall order mobilization, and shall appoint the commanderin-chief of the armed forces without waiting for a riigikogu resolution. article 129 in the case of a threat to the estonian constitutional order, the riigikogu may, on the proposal of the president of the republic or the government of estonia, by a majority of its membership, declare a state of emergency throughout the state, but for not longer than three months. the organization of a state of emergency shall be provided by law. article 130 during a state of emergency or a state of war, the rights and freedoms of a person may be restricted, and duties may be placed upon him or her in the interests of national security and public order, under conditions and pursuant to procedure prescribed by law. the rights and freedoms provided by article 8, article 11–18, paragraph 3 of article 20, article 22, article 23, paragraphs 2 and 4 of article 24, article 25, article 27, article 28, paragraph 2 of article 36, article 40, article 41, article 49 and paragraph 1 of article 51 of the constitution shall not be restricted. article 131 during a state of emergency or a state of war, the riigikogu, the president of the republic, and the representative bodies of local governments shall not be elected, nor shall their authority be terminated. the authority of the riigikogu, the president of the republic and the representative bodies of local governments shall extend if the authority should terminate during a state of emergency or a state of war or within three months after the termination of a state of emergency or a state of war. in these cases, new elections shall be declared within three months after the termination of the state of emergency or the state of war. chapter xi. the state audit office article 132 the state audit office shall be, in its activities, an independent state body responsible for economic control. article 133 the state audit office shall audit: the economic activities of state agencies, state enterprises and other state organizations; the use and preservation of state assets; the use and disposal of state assets which have been transferred into the control of local governments; the economic activities of enterprises in which the state holds more than one-half of the votes by way of parts or shares, or whose loans or contractual obligations are guaranteed by the state. article 134 the state audit office shall be directed by the auditor general who shall be appointed to and released from office by the riigikogu, on the proposal of the president of the republic. the term of office of the auditor-general shall be five years. article 135 the auditor-general shall present to the riigikogu an overview on the use and preservation of state assets during the preceding budgetary year at the same time as the report on the implementation of the state budget is debated in the riigikogu. article 136 the auditor-general may participate in sessions of the government of the republic in which issues related to his or her duties are discussed, with the right to speak. the auditor-general, as the director of his or her office, has the same rights which are granted by law to a minister in directing a ministry. article 137 the organization of the state audit office shall be provided by law. article 138 criminal charges may be brought against the auditor-general only on the proposal of the chancellor of justice, and with the consent of the majority of the membership of the riigikogu. chapter xii. the chancellor of justice article 139 the chancellor of justice shall be, in his or her activities, an independent official who shall review the legislation of the legislative and executive powers and of local governments for conformity with the constitution and the laws. the chancellor of justice shall analyze proposals made to him or her concerning the amendment of laws, the passage of new laws, and the activities of state agencies, and, if necessary, shall present a report to the riigikogu. the chancellor of justice shall, in the cases prescribed by article 76, 85, 101, 138, 153 of the constitution, make a proposal to the riigikogu that criminal charges be brought against a member of the riigikogu, the president of the republic, a member of the government of the republic, the auditor-general, the chief justice of the supreme court, or a justice of the supreme court. article 140 the chancellor of justice shall be appointed to office by the riigikogu, on the proposal of the president of the republic, for a term of seven years. the chancellor of justice may be removed from office only by a court judgment. article 141 the chancellor of justice, in directing his or her office, has the same rights which are granted by law to a minister in directing a ministry. the chancellor of justice may participate in sessions of the riigikogu and of the government of the republic with the right to speak. article 142 if the chancellor of justice finds that legislation passed by the legislative or executive powers or by a local government is in conflict with the constitution or a law, he or she shall propose to the body which passed the legislation to bring the legislation into conformity with the constitution or the law within twenty days. if the legislation is not brought into conformity with the constitution or the law within twenty days, the chancellor of justice shall propose to the supreme court to declare the legislation invalid. article 143 the chancellor of justice shall present an annual report to the riigikogu on the conformity of the legislation passed by the legislative and executive powers and by local governments with the constitution and the laws. article 144 the legal status of the chancellor of justice and the organization of his or her office shall be provided by law. article 145 criminal charges may be brought against the chancellor of justice only on the proposal of the president of the republic, and with the consent of the majority of the membership of the riigikogu. chapter xiii. the courts article 146 justice shall be administered solely by the courts. the courts shall be independent in their activities and shall administer justice in accordance with the constitution and the laws. article 147 judges shall be appointed for life. the grounds and procedure for the release of judges from office shall be provided by law. judges may be removed from office only by a court judgment. judges shall not hold any other elected or appointed office, except in the cases prescribed by law. the legal status of judges and guarantees for their independence shall be provided by law. article 148 the court system shall consist of: county and city courts, and administrative courts; circuit courts; the supreme court. the creation of specialized courts with specific jurisdiction shall be provided by law. the formation of emergency courts is prohibited. article 149 county and city courts, and administrative courts are courts of first instance. circuit courts are courts of appeal and shall review judgments of the courts of first instance by way of appeal proceedings. the supreme court is the highest court in the state and shall review court judgments by way of cassation proceedings. the supreme court is also the court of constitutional review. rules regarding court administration and rules of court procedure shall be established by law. article 150 the chief justice of the supreme court shall be appointed to office by the riigikogu, on the proposal of the president of the republic. justices of the supreme court shall be appointed to office by the riigikogu, on the proposal of the chief justice of the supreme court. other judges shall be appointed to office by the president of the republic, on the proposal of the supreme court. article 151 the rules of court procedure regarding representation, defense, state prosecution, and supervision of legality shall be provided by law. article 152 in a court proceeding, the court shall not apply any law or other legislation that is in conflict with the constitution. the supreme court shall declare invalid any law or other legislation that is in conflict with the provisions and spirit of the constitution. article 153 criminal charges may be brought against a judge during his or her term of office only on the proposal of the supreme court, and with the consent of the president of the republic. criminal charges may be brought against the chief justice and justices of the supreme court only on the proposal of the chancellor of justice, and with the consent of the majority of the membership of the riigikogu. chapter xiv. local government article 154 all local issues shall be resolved and managed by local governments, which shall operate independently pursuant to law. duties may be imposed on a local government only pursuant to law or by agreement with the local government. expenditure related to duties of the state imposed by law on a local government shall be funded from the state budget. article 155 local governments are rural municipalities and cities. other local governments may be formed on the bases of and pursuant to procedure provided by law. article 156 the representative body of a local government is the council which shall be elected in free elections for a term of four years. the period of authority of a council may be shortened by an act due to a merger or division of local governments or the inability of the council to act. the elections shall be general, uniform and direct. voting shall be secret. in elections to local authority councils, the right to vote is held, under conditions established by law, by persons who reside permanently in the territory of the local authority and have attained at least sixteen years of age. article 157 a local government shall have an independent budget for which the bases and procedure for drafting shall be provided by law. a local government has the right, on the basis of law, to levy and collect taxes, and to impose duties. article 158 the boundaries of local governments shall not be altered without considering the opinion of the local governments concerned. article 159 a local government has the right to form unions and joint agencies with other local governments. article 160 the administration of local governments and the supervision of their activities shall be provided by law. chapter xv. amendment of the constitution article 161 the right to initiate amendment of the constitution rests with not less than one-fifth of the membership of the riigikogu and with the president of the republic. amendment of the constitution shall not be initiated, nor shall the constitution be amended, during a state of emergency or a state of war. article 162 chapter i “general provisions” and chapter xv “amendment of the constitution” of the constitution may be amended only by a referendum. article 163 the constitution shall be amended by an act which has been passed by: a referendum; two successive memberships of the riigikogu; the riigikogu, as a matter of urgency. a bill to amend the constitution shall be debated for three readings in the riigikogu, in which the interval between the first and second readings shall be not less than three months, and the interval between the second and third readings shall be not less than one month. the manner in which the constitution is to be amended shall be decided at the third reading. article 164 a three-fifths majority of the membership of the riigikogu is required to submit a bill to amend the constitution to a referendum. the referendum shall be held not earlier than three months after the passage of a resolution to this effect by the riigikogu. article 165 in order to amend the constitution by two successive memberships of the riigikogu, a bill to amend the constitution must be supported by a majority of the membership of the riigikogu. if the bill to amend the constitution which receives the support of the majority of the preceding membership of the riigikogu is passed by the succeeding riigikogu, unamended, on its first reading and with a three-fifths majority, then the constitution amendment act is passed. article 166 a resolution to consider a bill to amend the constitution as a matter of urgency shall be passed by a four-fifths majority of the riigikogu. in this case, the constitution amendment act shall be passed by a two-thirds majority of the membership of the riigikogu. article 167 the constitution amendment act shall be proclaimed by the president of the republic and shall enter into force on the date specified therein, but not earlier than three months from the date of proclamation. article 168 an amendment to the constitution regarding the same issue shall not be initiated within one year after the rejection of a corresponding bill by a referendum or by the riigikogu. preamble the people of malawi— recognizing the sanctity of human life and the unity of all mankind; guided by their private consciences and collective wisdom; seeking to guarantee the welfare and development of all the people of malawi, national harmony and peaceful international relations; desirous of creating a constitutional order in the republic of malawi based on the need for an open, democratic and accountable government: hereby adopt the following as the constitution of the republic of malawi. chapter i. the republic of malawi 1. malawi a sovereign state the republic of malawi is a sovereign state with rights and obligations under the law of nations. 2. the national flag, etc malawi shall have a national flag, a national coat of arms, a national anthem and a public seal. 3. the national territory the national territory of the republic of malawi shall consist of all the territory, including airspace, waters and islands which comprised the territory of malawi before the commencement of this constitution, and shall include any territory lawfully acquired thereafter by adjustment of boundaries or otherwise. 4. protection of the people of malawi under this constitution this constitution shall bind all executive, legislative and judicial organs of the state at all levels of government and all the peoples of malawi are entitled to the equal protection of this constitution, and laws made under it. 5. supremacy of this constitution any act of government or any law that is inconsistent with the provisions of this constitution shall, to the extent of such inconsistency, be invalid. 6. authority to govern, universal and equal suffrage save as otherwise provided in this constitution, the authority to govern derives from the people of malawi as expressed through universal and equal suffrage in elections held in accordance with this constitution in a manner prescribed by an act of parliament. 7. the separate status, function and duty of the executive the executive shall be responsible for the initiation of policies and legislation and for the implementation of all laws which embody the express wishes of the people of malawi and which promote the principles of this constitution. 8. the separate status, function and duty of the legislature the legislature shall be responsible for the enactment of laws and shall ensure that its deliberations reflect the interests of all the people of malawi and that the values expressed or implied in this constitution are furthered by the laws enacted. 9. the separate status, function and duty of the judiciary the judiciary shall have the responsibility of interpreting, protecting and enforcing this constitution and all laws and in accordance with this constitution in an independent and impartial manner with regard only to legally relevant facts and the prescriptions of law. chapter ii. application and interpretation 10. application of this constitution in the interpretation of all laws and in the resolution of political disputes the provisions of this constitution shall be regarded as the supreme arbiter and ultimate source of authority. in the application and formulation of any act of parliament and in the application and development of the common law and customary law, the relevant organs of state shall have due regard to the principles and provisions of this constitution. 11. interpretation appropriate principles of interpretation of this constitution shall be developed and employed by the courts to reflect the unique character and supreme status of this constitution. in interpreting the provisions of this constitution a court of law shall— promote the values which underlie an open and democratic society; take full account of the provisions of chapter iii and chapter iv; and where applicable, have regard to current norms of public international law and comparable foreign case law. where a court of law declares an act of executive or a law to be invalid, that court may apply such interpretation of that act or law as is consistent with this constitution. any law that ousts or purports to oust the jurisdiction of the courts to entertain matters pertaining to this constitution shall be invalid. chapter iii. fundamental principles 12. constitutional principles this constitution is founded upon the following underlying principles— all legal and political authority of the state derives from the people of malawi and shall be exercised in accordance with this constitution solely to serve and protect their interests; all persons responsible for the exercise of powers of state do so on trust and shall only exercise such power to the extent of their lawful authority and in accordance with their responsibilities to the people of malawi; the authority to exercise power of state is conditional upon the sustained trust of the people of malawi and that trust can only be maintained through open, accountable and transparent government and informed democratic choice; the inherent dignity and worth of each human being requires that the state and all persons shall recognize and protect human rights and afford the fullest protection to the rights and views of all individuals, groups and minorities whether or not they are entitled to vote; as all persons have equal status before the law, the only justifiable limitations to lawful rights are those necessary to ensure peaceful human interaction in an open and democratic society; and all institutions and persons shall observe and uphold this constitution and the rule of law and no institution or person shall stand above the law. every individual shall have duties towards other individuals, his or her family and society, the state and other legally recognized communities and the international community and these duties shall include the duty to respect his or her fellow beings without discrimination and to maintain relations aimed at promoting, safeguarding and reinforcing mutual respect and tolerance; and in recognition of these duties, individual rights and freedoms shall be exercised with due regard for the rights of others, collective security, morality and the common interest. 13. principles of national policy the state shall actively promote the welfare and development of the people of malawi by progressively adopting and implementing policies and legislation aimed at achieving the following goals— to obtain gender equality through— full participation of women in all spheres of malawian society on the basis of equal opportunities with men; the implementation of the principles of nondiscrimination and such other measures as may be required; and the implementation of policies to address social issues such as domestic violence, security of the person, lack of maternity benefits, economic exploitation and rights to property. to achieve adequate nutrition for all in order to promote good health and self-sufficiency. to provide adequate health care, commensurate with the health needs of malawian society and international standards of health care. to manage the environment responsibly in order to— prevent the degradation of the environment; provide a healthy living and working environment for the people of malawi; accord full recognition to the rights of future generations by means of environmental protection and the sustainable development of natural resources; and conserve and enhance the biological diversity of malawi. to enhance the quality of life in rural communities and to recognize rural standards of living as a key indicator of the success of government policies. to provide adequate resources to the education sector and devise programmes in order to— eliminate illiteracy in malawi; make primary education compulsory and free to all citizens of malawi; offer greater access to higher learning and continuing education; and promote national goals such as unity and the elimination of political, religious, racial and ethnic intolerance. to enhance the dignity and quality of life of persons with disabilities by providing— adequate and suitable access to public places; fair opportunities in employment; and the fullest possible participation in all spheres of malawian society. to encourage and promote conditions conducive to the full development of healthy, productive and responsible members of society. to recognize and protect the family as a fundamental and vital social unit. to respect and support the elderly through the provision of community services and to encourage participation in the life of the community. to govern in accordance with the law of nations and the rule of law and actively support the further development thereof in regional and international affairs. to strive to adopt mechanisms by which differences are settled through negotiation, good offices, mediation, conciliation and arbitration. to promote law and order and respect for society through civic education, by honest practices in government, adequate resourcing, and the humane application and enforcement of laws and policing standards. to achieve a sensible balance between the creation and distribution of wealth through the nurturing of a market economy and long-term investment in health, education, economic and social development programmes. to introduce measures which will guarantee accountability, transparency, personal integrity and financial probity and which by virtue of their effectiveness and visibility will strengthen confidence in public institutions. 14. application of the principles of national policy the principles of national policy contained in this chapter shall be directory in nature but courts shall be entitled to have regard to them in interpreting and applying any of the provisions of this constitution or of any law or in determining the validity of decisions of the executive and in the interpretation of the provisions of this constitution. chapter iv. human rights 15. protection of human rights and freedoms the human rights and freedoms enshrined in this chapter shall be respected and upheld by the executive, legislature, judiciary and all organs of the government and its agencies and, where applicable to them, by all natural and legal persons in malawi and shall be enforceable in the manner prescribed in this chapter. any person or group of persons, natural or legal, with sufficient interest in the promotion, protection and enforcement of rights under this chapter shall be entitled to the assistance of the courts, the ombudsman, the human rights commission and other organs of the government to ensure the promotion, protection and enforcement of those rights and the redress of any grievances in respect of those rights. 16. the right to life every person has the right to life and no person shall be arbitrarily deprived of his or her life: provided that the execution of the death sentence imposed by a competent court on a person in respect of a criminal offence under the laws of malawi of which he or she has been convicted shall not be regarded as arbitrary deprivation of his or her right to life. 17. genocide acts of genocide are prohibited and shall be prevented and punished. 18. liberty every person has the right to personal liberty. 19. human dignity and personal freedoms the dignity of all persons shall be inviolable. in any judicial proceedings or in any other proceedings before any organ of the state, and during the enforcement of a penalty, respect for human dignity shall be guaranteed. no person shall be subject to torture of any kind or to cruel, inhuman or degrading treatment or punishment. no person shall be subject to corporal punishment in connexion with any judicial proceedings or in any other proceedings before any organ of the state. no person shall be subjected to medical or scientific experimentation without his or her consent. subject to this constitution, every person shall have the right to freedom and security of person, which shall include the right not to be— detained without trial; detained solely by reason of his or her political or other opinions; or imprisoned for inability to fulfill contractual obligations. 20. equality discrimination of persons in any form is prohibited and all persons are, under any law, guaranteed equal and effective protection against discrimination on grounds of race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, disability, property, birth or other status or condition. legislation may be passed addressing inequalities in society and prohibiting discriminatory practices and the propagation of such practices and may render such practices criminally punishable by the courts. 21. privacy every person shall have the right to personal privacy, which shall include the right not to be subject to— searches of his or her person, home or property; the seizure of private possessions; or interference with private communications, including mail and all forms of telecommunications. 22. family and marriage the family is the natural and fundamental group unit of society and is entitled to protection by society and the state. each member of the family shall enjoy full and equal respect and shall be protected by law against all forms of neglect, cruelty or exploitation. all men and women have the right to marry and found a family. no person shall be forced to enter into marriage. subsections (3) and (4) shall apply to all marriages at law, custom and marriages by repute or by permanent cohabitation. no person over the age of eighteen years shall be prevented from entering into marriage. [repealed by act no. 17 of 2015] [repealed by act no. 17 of 2015] 23. rights of children all children, regardless of the circumstances of their birth, are entitled to equal treatment before the law, and the best interests and welfare of children shall be a primary consideration in all decisions affecting them. all children shall have the right to a given name and a family name and the right to a nationality. children have the right to know, and to be raised by, their parents. all children shall be entitled to reasonable maintenance from their parents, whether such parents are married, unmarried or divorced, and from their guardians; and, in addition, all children, and particularly orphans, children with disabilities and other children in situations of disadvantage shall be entitled to live in safety and security and, where appropriate, to state assistance. children are entitled to be protected from economic exploitation or any treatment, work or punishment that is, or is likely to— be hazardous; interfere with their education; or be harmful to their health or to their physical, mental or spiritual or social development. a child shall be a person under the age of eighteen years. 24. rights of women women have the right to full and equal protection by the law, and have the right not to be discriminated against on the basis of their gender or marital status which includes the right— to be accorded the same rights as men in civil law, including equal capacity— to enter into contracts; to acquire and maintain rights in property, independently or in association with others, regardless of their marital status; to acquire and retain custody, guardianship and care of children and to have an equal right in the making of decisions that affect their upbringing; and to acquire and retain citizenship and nationality. on the dissolution of marriage, howsoever entered into— to a fair disposition of property that is held jointly with a husband; and to fair maintenance, taking into consideration all the circumstances and, in particular, the means of the former husband and the needs of any children. any law that discriminates against women on the basis of gender or marital status shall be invalid and legislation shall be passed to eliminate customs and practices that discriminate against women, particularly practices such as— sexual abuse, harassment and violence; discrimination in work, business and public affairs; and deprivation of property, including property obtained by inheritance. 25. education all persons are entitled to education. primary education shall consist of at least five years of education. private schools and other private institutions of higher learning shall be permissible, provided that— such schools or institutions are registered with a state department in accordance with the law; the standards maintained by such schools or institutions are not inferior to official standards in state schools. 26. culture and language every person shall have the right to use the language and to participate in the cultural life of his or her choice. 27. slavery, servitude and forced labour no person shall be held in slavery or servitude. slavery and the slave trade are prohibited. no person shall be subject to forced labour. no person shall be subject to tied labour that amounts to servitude. 28. property every person shall be able to acquire property alone or in association with others. no person shall be arbitrarily deprived of property. 29. economic activity every person shall have the right freely to engage in economic activity, to work and to pursue a livelihood anywhere in malawi. 30. right to development all persons and peoples have a right to development and therefore to the enjoyment of economic, social, cultural and political development and women, children and persons with disabilities in particular shall be given special consideration in the application of this right. the state shall take all necessary measures for the realization of the right to development. such measures shall include, amongst other things, equality of opportunity for all in their access to basic resources, education, health services, food, shelter, employment and infrastructure. the state shall take measures to introduce reforms aimed at eradicating social injustices and inequalities. the state has a responsibility to respect the right to development and to justify its policies in accordance with this responsibility. 31. labour every person shall have the right to fair and safe labour practices and to fair remuneration. all persons shall have the right to form and join trade unions or not to form or join trade unions. every person shall be entitled to fair wages and equal remuneration for work of equal value without distinction or discrimination of any kind, in particular on basis of gender, disability or race. the state shall take measures to ensure the right to withdraw labour. 32. freedom of association every person shall have the right to freedom of association, which shall include the freedom to form associations. no person may be compelled to belong to an association. 33. freedom of conscience every person has the right to freedom of conscience, religion, belief and thought, and to academic freedom. 34. freedom of opinion every person shall have the right to freedom of opinion, including the right to hold, receive and impart opinions without interference. 35. freedom of expression every person shall have the right to freedom of expression. 36. freedom of the press the press shall have the right to report and publish freely, within malawi and abroad, and to be accorded the fullest possible facilities for access to public information. 37. acess to information every person shall have the right of access to all information held by the state or any of its organs at any level of government in so far as such information is required for the exercise of his or her rights. 38. freedom of assembly every person shall have the right to assemble and demonstrate with others peacefully and unarmed. 39. freedom of movement and residence every person shall have the right of freedom of movement and residence within the borders of malawi. every person shall have the right to leave the republic and to return to it. 40. political rights subject to this constitution, every person shall have the right— to form, to join, to participate in the activities of, and to recruit members for, a political party; to campaign for a political party or cause; to participate in peaceful political activity intended to influence the composition and policies of the government; and freely to make political choices. the state shall, provide funds so as to ensure that, during the life of any parliament, any political party which has secured more than one-tenth of the national vote in elections to that parliament has sufficient funds to continue to represent its constituency. save as otherwise provided in this constitution, every person shall have the right to vote, to do so in secret and to stand for election for any elective office. 41. access to justice and legal remedies every person shall have a right to recognition as a person before the law. every person shall have the right of access to any court of law or any other tribunal with jurisdiction for final settlement of legal issues. every person shall have the right to an effective remedy by a court of law or tribunal for acts violating the rights and freedoms granted to him or her by this constitution or any other law. 42. arrest, detention and fair trial every person who is detained, including every sentenced prisoner, shall have the right— to be informed of the reason for his or her detention promptly, and in a language which he or she understands; to be held under conditions consistent with human dignity, which shall include at least the provision of reading and writing materials, adequate nutrition and medical treatment at the expense of the state; to consult confidentially with a legal practitioner of his or her choice, to be informed of this right promptly and, where the interests of justice so require, to be provided with the services of a legal practitioner by the state; to be given the means and opportunity to communicate with, and to be visited by, his or her spouse, partner, next-of-kin, relative, religious counsellor and a medical practitioner of his or her choice; to challenge the lawfulness of his or her detention in person or through a legal practitioner before a court of law; and to be released if such detention is unlawful. every person arrested for, or accused of, the alleged commission of an offence shall, in addition to the rights which he or she has as a detained person, have the right— promptly to be informed, in a language which he or she understands, that he or she has the right to remain silent and to be warned of the consequences of making any statement; as soon as it is reasonably possible, but not later than 48 hours after the arrest, or if the period of 48 hours expires outside ordinary court hours or on a day which is not a court day, the first court day after such expiry, to be brought before an independent and impartial court of law and to be charged or to be informed of the reason for his or her further detention, failing which he or she shall be released; not to be compelled to make a confession or admission which could be used in evidence against him or her; save in exceptional circumstances, to be segregated from convicted persons and to be subject to separate treatment appropriate to his or her status as an unconvicted person; to be released from detention, with or without bail unless the interests of justice require otherwise; as an accused person, to a fair trial, which shall include the right— to public trial before an independent and impartial court of law within a reasonable time after having been charged; to be informed with sufficient particularity of the charge; to be presumed innocent and to remain silent during plea proceedings or trial and not to testify during trial; to adduce and challenge evidence, and not to be a compellable witness against himself or herself; to be represented by a legal practitioner of his or her choice or, where it is required in the interests of justice, to be provided with legal representation at the expense of the state, and to be informed of these rights; not to be convicted of an offence in respect of any act or omission which was not an offence at the time when the act was committed or omitted to be done, and not to be sentenced to a more severe punishment than that which was applicable when the offence was committed; not to be prosecuted again for a criminal act or omission of which he or she has previously been convicted or acquitted, save upon the order of a superior court in the course of an appeal or review proceedings relating to that conviction or acquittal; to have recourse by way of appeal or review to a higher court than the court of first instance; to be tried in a language which he or she understands or, failing this, to have the proceedings interpreted to him or her, at the expense of the state, into a language which he or she understands; and to be sentenced within a reasonable time after conviction; in addition, if that person is a person under the age of eighteen years, to treatment consistent with the special needs of children, which shall include the right— not to be sentenced to life imprisonment without possibility of release; to be imprisoned only as a last resort and for the shortest period of time consistent with justice and protection of the public; to be separated from adults when imprisoned, unless it is considered to be in his or her best interest not to do so, and to maintain contact with his or her family through correspondence and visits; to be treated in a manner consistent with the promotion of his or her sense of dignity and worth, which reinforces respect for the rights and freedoms of others; to be treated in a manner which takes into account his or her age and the desirability of promoting his or her reintegration into society to assume a constructive role; to be dealt with in a form of legal proceedings that reflects the vulnerability of children while fully respecting human rights and legal safeguards; and in addition, if that person is a person with a disability, in recognition of his or her particular vulnerability, to be held, wherever possible, in separate accommodation. 43. administrative justice every person shall have the right to— lawful and procedurally fair administrative action, which is justifiable in relation to reasons given where his or her rights, freedoms, legitimate expectations or interests are affected or threatened; and be furnished with reasons, in writing, for administrative action where his or her rights, freedoms, legitimate expectations or interests are affected. 44. limitations on rights no restrictions or limitations may be placed on the exercise of any rights and freedoms provided for in this constitution other than those prescribed by law, which are reasonable, recognized by international human rights standards and necessary in an open and democratic society. laws prescribing restrictions or limitations shall not negate the essential content of the right or freedom in question, and shall be of general application. expropriation of property shall be permissible only when done for public utility and only when there has been adequate notification and appropriate compensation, provided that there shall always be a right to appeal to a court of law. wherever it is stated in this constitution that a person has the right to the services of a legal practitioner or medical practitioner of his or her own choice, that right shall be without limitation, save where the state is obliged to provide such services of a legal practitioner or medical practitioner, in which case an act of parliament may prescribe that the choice of the legal practitioner or medical practitioner should be limited to those in governmentservice or employment. 45. derogation and public emergency no derogation from rights contained in this chapter shall be permissible save to the extent provided for by this section and no such derogation shall be made unless there has been a declaration of a state of emergency within the meaning of this section. there shall be no derogation with regard to— the right to life; the prohibition of torture and cruel, inhuman or degrading treatment or punishment; the prohibition of genocide; the prohibition of slavery, the slave trade and slave-like practices; the prohibition of imprisonment for failure to meet contractual obligations; the prohibition on retrospective criminalization and the retrospective imposition of greater penalties for criminal acts; the right to equality and recognition before the law; the right to freedom of conscience, belief, thought and religion and to academic freedom; or the right to habeas corpus. the president may declare a state of emergency— only to the extent that it is provided for in this section; only with the approval of the defence and security committee of the national assembly; only in times of war, threat of war, civil war or widespread natural disaster; only with regard to the specific location where that emergency exists, and that any declaration of a state of emergency shall be publicly announced; and only after the state of emergency has been publicly announced. derogation from the rights contained in this chapter, other than the rights listed in subsection (2), shall be permissible during a state of emergency within the meaning of this section and to the extent that— such derogation is consistent with the obligations of malawi under international law; and in the case of— war or threat of war, it is strictly required to prevent the lives of defensive combatants and civilians as well as legitimate military objectives from being placed in direct jeopardy; or a widespread natural disaster, it is strictly required for the protection and relief of those people and facilities whether in or outside the disaster area. the declaration of a state of emergency and any action taken in consequence thereof shall be in force for a period of not more than twenty-one days, unless it is extended for a period of not longer than three months, or consecutive periods of not longer than three months at a time, by resolution of the national assembly adopted by a majority of at least two-thirds of all its members. the high court shall be competent to hear applications challenging the validity of a declaration of a state of emergency, any extension thereof, and any action taken, including any regulation enacted, under such declaration. where a person is detained under a state of emergency such detention shall be subject to the following conditions— an adult family member or friend of the detainee shall be notified of the detention as soon as is reasonably possible and in any case not later than forty-eight hours of detention; the name of every detainee and a reference to the measures in terms of which he or she is being detained shall be published in the gazette within five days of his or her detention; when rights entrenched in section 19 (6) (a) or section 42 (2) (b) have been suspended— the detention of a person shall, as soon as it is reasonably possible but not later than ten days after his or her detention, be reviewed by a court, and the court shall order the release of the detainee if it is satisfied that the detention is not necessary to restore peace or order; a detainee shall at any stage after the expiry of a period of five days after a review under subparagraph (i) be entitled to apply to a court of law for a further review of his or her detention, and the court shall order the release of the detainee if it is satisfied that the detention is no longer necessary to restore peace or order; the state shall for the purpose of a review referred to in paragraph (c) submit written reasons to justify the detention or further detention of the detainee to the court, and shall furnish the detainee with such reasons not later than two days before the review. if a court finds the grounds for the detention of a person to be unjustified or illegal it shall order his or her release and that person shall not be detained again on the same grounds unless the state shows good cause to a court prior to such re-detention. under no circumstance shall it be possible to suspend this constitution or any part thereof or dissolve any of its organs, save as is consistent with the provisions of this constitution. 46. enforcement save in so far as it may be authorized to do so by this constitution, the national assembly or any subordinate legislative authority shall not make any law, and the executive and the agencies of government shall not take any action, which abolishes or abridges the rights and freedoms enshrined in this chapter, and any law or action in contravention thereof shall, to the extent of the contravention, be invalid. any person who claims that a right or freedom guaranteed by this constitution has been infringed or threatened shall be entitled— to make application to a competent court to enforce or protect such a right or freedom; and to make application to the ombudsman or the human rights commission in order to secure such assistance or advice as he or she may reasonably require. where a court referred to in subsection (2) (a) finds that rights or freedoms conferred by this constitution have been unlawfully denied or violated, it shall have the power to make any orders that are necessary and appropriate to secure the enjoyment of those rights and freedoms and where a court finds that a threat exists to such rights or freedoms, it shall have the power to make any orders necessary and appropriate to prevent those rights and freedoms from being unlawfully denied or violated. a court referred to in subsection (2) (a) shall have the power to award compensation to any person whose rights or freedoms have been unlawfully denied or violated where it considers it to be appropriate in the circumstances of a particular case. the law shall prescribe criminal penalties for violations of those non-derogable rights listed in section 44 (1). chapter v. citizenship 47. citizenship every person who, immediately before the appointed day, was a citizen of malawi under any existing law shall continue to be a citizen of malawi after the appointed day. an act of parliament may make provision for the acquisition or loss of citizenship of malawi by any person after the appointed day, but citizenship shall not be arbitrarily denied or deprived. in this section, the expression— “acquisition of citizenship” includes acquisition by birth, descent, marriage, registration, naturalization or any other means prescribed by an act of parliament; and “loss of citizenship” includes loss by deprivation, renunciation or any other means prescribed by an act of parliament. chapter vi. the legislature 48. parliament all legislative powers of the republic shall be vested in parliament which shall have the powers and responsibilities set out in this constitution. an act of parliament shall have primacy over other forms of law, but shall be subject to this constitution. any question proposed for decision by the national assembly shall be decided by a majority of the votes of the members present and voting, unless this constitution or any other act of parliament otherwise provides. 49. definitions for the purposes of this constitution, unless otherwise provided, “parliament” consists of the national assembly and the president as head of state. an act of parliament shall be a bill which has— been laid before the national assembly; been passed in the national assembly by a simple majority or such other majority as is otherwise required by this constitution in respect of any particular bill; and been assented to by the president in accordance with this chapter. “chamber” means the chamber of the national assembly. 50. quorum the quorum of the national assembly shall be formed by the presence at the beginning of any sitting of at least one half plus one of the members of that chamber entitled to vote, not including the speaker or a presiding member. if it is brought to the attention of the speaker of the national assembly or presiding member by any member of parliament that there are less than the number of members prescribed by the standing orders and after such interval as may be prescribed by the standing orders, the speaker of the national assembly or presiding member ascertains that the number of members present is still less than that prescribed by the standing orders, he or she shall adjourn the proceedings of the national assembly. 51. qualifications of members of parliament a person shall not be qualified to be nominated or elected as a member of the parliament unless that person— is a citizen of the republic who at the time of nomination has attained the age of twenty-one years; is able to speak and to read the english language well enough to take an active part in the proceedings of parliament; and is registered as a voter in a constituency. notwithstanding subsection (1), no person shall be qualified to be nominated or elected as a member of parliament who— owes allegiance to a foreign country; is, under any law in force in the republic, adjudged or otherwise declared to be mentally incompetent; has, within the last seven years, been convicted by a competent court of a crime involving dishonesty or moral turpitude; is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in the republic; holds, or acts, in any public office or appointment, except where this constitution provides that a person shall not be disqualified from standing for election solely on account of holding that office or appointment or where that person resigns from that office or appointment in order to stand; belongs to, and is serving in the defence force of malawi or the malawi police service; and has, within the last seven years, been convicted by a competent court of any violation of any law relating to election of the president or election of members of parliament or local government elections. for the purposes of subsection (2) (e), an appointment as a minister or deputy minister in accordance with section 94 (1) shall not be construed to be an appointment to a public office or to be a public appointment. 52. oath of allegiance every member of parliament, before taking his or her seat, and every officer of parliament, before assuming duties of his or her office, shall take and subscribe before the chief justice in the national assembly— the oath of allegiance in the form prescribed by law; and such other oaths for the due performance of their respective offices as may be prescribed by law. 53. the speaker and deputy speakers there shall be a speaker of the national assembly who shall be elected by majority vote of the members thereof at the first sitting after every dissolution of the national assembly. the members of the national assembly shall elect one or more from among themselves to be deputy speaker or deputy speakers of the national assembly at the first sitting after a general election. the office of speaker or deputy speaker shall become vacant— on the death or resignation of the holder; if the holder ceases to be a member of the national assembly; if the holder becomes president, vice-president, a minister or a deputy minister; or if the national assembly, by a resolution supported by the votes of not less than two-thirds of the members of the national assembly, resolves that the holder be removed from office: provided that the speaker or the deputy speaker shall have the right to be heard by the chamber on his or her own motion on any matter relating to his or her removal from office. the speaker, or in his or her absence, such deputy speaker as the speaker has nominated, shall preside at every sitting of the national assembly: provided that in the absence of the speaker and every deputy speaker, the members of the national assembly may elect one of their number to act as speaker for as long as there is no speaker or deputy speaker. the speaker, the deputy speaker or any other presiding member shall discharge his or her functions and duties and exercise such powers as he or she has by virtue of that office independent or the direction or interference of any body or authority, save as accords with the express will and the standing orders of the national assembly. notwithstanding that the speaker, deputy speaker or any other presiding member has been elected as a member of a political party to the national assembly he or she shall not be subject to the control, discipline, authority or direction of that political party or any other political party in the discharge of the functions and duties of that office and in the exercise of the powers of that office. the speaker may, where the matter under debate in the national assembly pertains to his or her constituency, temporarily vacate the speaker’s seat and participate in that debate and exercise a deliberative vote where there is voting on that matter. 54. casting vote subject to section 53 (7) the speaker shall not have a deliberative vote, but if the votes of the national assembly are equally divided upon any question, he or she shall exercise the casting vote. any presiding member shall retain his or her original deliberative vote as a member and shall, in addition, have and exercise a casting vote where the votes of the national assembly on any question are equally divided. 55. the clerk there shall be a clerk to the national assembly who shall be a public officer and shall assist the speaker of the national assembly and perform such other functions and duties as the speaker may direct. 56. the right to regulate procedure subject to this constitution, the national assembly, may by standing order or otherwise regulate its own procedure. save as otherwise provided in this constitution, the national assembly may act unless more than two-thirds of all the seats of the national assembly are vacant. the presence or participation of any person not entitled to be present or to participate in the proceedings of the national assembly shall not invalidate those proceedings. the national assembly shall provide access to the press and members of the public, except where a motion is passed with reasons prohibiting public access in the national interest. the proceedings of parliament shall be conducted in the english language and such other languages as the national assembly may prescribe. parliament may establish any committees of its members and may form joint committees for the scrutiny of legislation and performance of other functions, except voting on motions and bills. in addition to any committee appointed under subsection (6), there shall be a public appointments committee, a budget committee and a legal affairs committee of the national assembly which shall each— be appointed by the national assembly with proportionate representation from all parties represented in the national assembly; be appointed within thirty days of the first sitting of the national assembly after a general election and thereafter annually; and perform such functions as are conferred on them by this constitution or by an act or resolution of parliament or by the standing orders of parliament. 57. money bills except upon the recommendation of the minister responsible for finance, signified in writing, the national assembly shall not— proceed upon any bill or any amendment to a bill that, in the opinion of the person presiding, makes provision for any of the following purposes— for the imposition of tax or the alteration of tax; for the imposition of any charge upon the consolidated fund, or the alteration of any such charge; for the payment, issue or withdrawal from the consolidated fund of any moneys not charged thereon, or any increase in the amount of such payment, issue or withdrawal; or for the composition or remission of any debt due to the government; proceed upon any motion or any amendment to a motion the effect of which, in the opinion of the person presiding, would be to make provision for any of the purposes specified in subsection (a); or receive any petition that, in the opinion of the person presiding, requests that provision be made for any of the purposes specified in paragraph (a). 58. subsidiary legislation parliament may, with respect to any particular act of parliament, delegate to the executive or to the judiciary the power to make subsidiary legislation within the specification and for the purposes laid out in that act and any subsidiary legislation so made shall be laid before parliament in accordance with its standing orders. notwithstanding subsection (1), parliament shall not have the power to delegate any legislative powers which would substantially and significantly affect the fundamental rights and freedoms recognized by this constitution. 59. sessions, meetings and sittings every meeting of the national assembly shall be held at such place within malawi and shall commence at such time as the speaker of the national assembly, in consultation with the president, may appoint and the sittings of the national assembly after the commencement of that meeting shall be held at such times and on such days as the national assembly shall appoint: provided that— the president, in consultation with the speaker of the national assembly, may summon, on extraordinary occasions, a meeting of the national assembly; and the president may, in consultation with the speaker of the national assembly, prorogue the national assembly. there shall be held at least two meetings of the national assembly in each session. a session of the national assembly shall be opened by the president on such date as the president, in consultation with the speaker of the national assembly, shall determine. a session shall be of such duration as the president, in consultation with the speaker of the national assembly, shall determine. 60. privileges and immunities the speaker, every deputy speaker, and every member of the national assembly shall, except in cases of treason, be privileged from arrest while going to, returning from or while in the precincts of the national assembly and shall not, in respect of any utterances that forms part of the proceedings in the national assembly, be amenable to any other action or proceedings in any court, tribunal or body other than parliament. all official reports and publications of parliament or of its proceedings or of the proceedings of any committee of the parliament shall be privileged and utterances made in the parliament or in any committee thereof wherever published shall be protected by absolute privilege. the national assembly and any committee of the national assembly shall have the power to conduct investigations and exercise the power to subpoena the attendance of any person or office holder whosoever as required in connexion with the prudentexercise of the functions of the national assembly and failure to attend without leave or without valid reason or excuse shall be held to be a contempt of the national assembly or committee in question. the national assembly shall lay down in standing orders the procedure to be followed by the national assembly or committee concerned in holding any person in contempt of the national assembly or committee; and such procedure shall comply with the principles of natural justice so far as the circumstances allow. 61. member’s interests a member of parliament, where he or she has a direct or indirect material interest in a matter being debated by the national assembly shall— disclose such interest to the national assembly; and not be entitled to vote on that matter without leave of the national assembly. where a member of parliament fails to disclose a material interest in accordance with subsection (1) that member shall be guilty of contempt of the national assembly. 62. composition of the national assembly the national assembly shall consist of such number of seats, representing every constituency in malawi, as shall be determined by the electoral commission. each constituency shall freely elect any person, subject to this constitution and an act of parliament, to represent it as a member of the national assembly in such manner as may be prescribed by this constitution or an act of parliament. 63. vacancies in the national assembly the seat of a member of the national assembly shall become vacant— if the national assembly has been dissolved; if the member dies or resigns his or her seat; if the member ceases to be a citizen of malawi; if the member assumes the office of president or vice-president; if any circumstances arise that, if he or she were not a member of the national assembly, would cause that member to be disqualified for election under this constitution or any other act of parliament; or if the national assembly declares a member’s seat vacant in accordance with such standing orders as may permit or prescribe the removal of a member for good and sufficient reason provided that they accord with the principles of natural justice. the speaker of the national assembly shall give notice in the gazette in the event that the seat of any member of the assembly shall become vacant under this section: provided that— parliament shall make provision for holding by-elections to fill any vacancy that shall occur; any by-election to fill a vacancy that occurs shall be held within sixty days after the seat of the member becomes vacant or, if in the opinion of the speaker the circumstances do not so admit, then as expeditiously as possible after the expiry of that period; and any member elected at a by-election shall serve until such time as his or her seat becomes vacant in accordance with subsection (1). the speaker may, upon a motion of the national assembly, postpone the declaration of a vacant seat for such period as that motion prescribes so as to permit any member to appeal to a court or other body to which an appeal lies against a decision which would require that member to vacate his or her seat in accordance with this section. [repealed by act no. 6 of 1995] 65. crossing the floor the speaker shall declare vacant the seat of any member of the national assembly who was, at the time of his or her election, a member of one political party represented in the national assembly, other than by that member alone but who has voluntarily ceased to be a member of that party or has joined another political party represented in the national assembly, or association or organization whose objectives or activies are political in nature. notwithstanding subsection (1), all members of all parties shall have the absolute right to exercise a free vote in any and all proceedings of the national assembly, and a member shall not have his or her seat declared vacant solely on account of his or her voting in contradiction to the recommendations of a political party, represented in the national assembly, of which he or she is a member. 66. functions and powers of the national assembly the national assembly shall be a directly elected chamber which shall have power, subject to this constitution, to— receive, amend, accept or reject government bills and private bills; initiate private member’s bills on the motion of any member and amend, accept or reject all private member’s bills; debate and vote motions in relation to any matter including motions to indict and convict the president or vice-president by impeachment; exercise such other functions and powers as are conferred on it by this constitution or by an act of parliament; and take all actions incidental to and necessary for the proper exercise of its functions. for the purposes of this constitution— a government bill shall be a bill promulgated by the government and introduced to parliament on behalf of the government; a private bill shall be— promulgated by an agency that is not part of the government; and introduced to parliament on behalf of that agency where that agency is mandated by an act of parliament so to do; a private member’s bill shall be— promulgated by a member of parliament; and introduced by that member in the national assembly in accordance with its own procedure. 67. dissolution of the national assembly the national assembly shall stand dissolved on the 20th of march in the fifth year after its election, and the polling day for the general elections for the next national assembly shall be the tuesday in the third week of may that year: provided that where it is not practicable for the polling to be held on the tuesday in the third week of may, the polling shall be held on a day, within seven days from that tuesday, appointed by the electoral commission; and provided further that, in the case of the elections to be held in 1999, the polling shall be held on a day, not later than 15th june, 1999, appointed by the electoral commission. this section shall not preclude the electoral commission from setting other days for polling in the general election for special classes or categories of voters, provided that such polling takes place not more than two days, before or after the polling day, excluding sundays. the first meeting of the national assembly shall commence on a date to be appointed by the president occurring within forty-five days after the polling day or, where polling takes place on more than one day, within forty-five days after the last polling day. if, between the dissolution of the national assembly and the general election that follows, the president is of the opinion that a constitutional crisis or emergency has arisen which requires urgent legislation or consideration by the national assembly, he or she may reconvene the national assembly for that purpose alone, but in any event, that reconvened national assembly, shall stand dissolved on the date of the general election. notwithstanding the dissolution of the national assembly on the date specified in subsection (1), every person who, immediately before the dissolution of the national assembly in accordance with subsection (1), is a member of the national assembly shall be entitled to receive his or her remuneration and other benefits up to and including the last date preceding the general election. [repeal by act no. 4 of 2001 ] 73. presidential assent where a bill is presented to the president for assent, the president shall either assent or withhold assent and shall do so within twenty-one days from the date the bill is presented to him or her. where the president withholds assent to a bill, the bill shall be returned to the speaker of the national assembly by the president with a notification that the president’s assent has been withheld, including reasons therefor, and the bill shall not be again debated by the national assembly until after the expiry of twenty-one days from the date of the notification of that withholding. if the bill is debated again and passed by a majority of the national assembly at any time between the date of the expiry of the twenty-one days referred to in subsection (2) and three months from that date, the bill shall again be presented for assent by the president. where a bill is again presented to the president for assent in accordance with subsection (3), the president shall assent to the bill within twenty-one days of its presentation. when a bill that has been duly passed is assented to in accordance with this constitution, the clerk shall cause it to be published immediately in the gazette. 74. the coming into force of laws no law made by parliament shall come into force until it has been published in the gazette, but parliament may prescribe that a law shall not come into force until some later date after its publication in the gazette. chapter vii. elections 75. the electoral commission there shall be an electoral commission which shall consist of a chairman who shall be a judge nominated in that behalf by the judicial service commission and such other members, not being less than six, as may be appointed in accordance with an act of parliament. a person shall not be qualified to hold the office of a member of the electoral commission if that person is a minister, deputy minister, a member of parliament or a person holding public office. subject to this section, a person shall cease to be a member of the electoral commission— at the expiration of four years from the date of his or her appointment, unless reappointed to a new four-year term; or if any circumstances arise that, if that person were not a member of the electoral commission, he or she would be disqualified for appointment as such. a member of the electoral commission may be removed from office by the president on the recommendation of the public appointments committee on the grounds of incapacity or incompetence in the performance of the duties of that office. 76. powers and functions the electoral commission shall exercise such functions in relation to elections as are conferred upon it by this constitution or by an act of parliament. the duties and functions of the electoral commission shall include— to determine constituency boundaries impartially on the oasis of ensuring that constituencies contain approximately equal numbers of voters eligible to register, subject only to considerations of— population density; ease of communication; and geographical features and existing administrative areas; to review existing constituency boundaries at intervals of not more than five years and alter them in accordance with the principles laid down in subsection (2) (a); to determine electoral petitions and complaints related to the conduct of any elections; to ensure compliance with the provisions of this constitution and any act of parliament; and to perform such other functions as may be prescribed by this constitution or an act of parliament. any person who has petitioned or complained to the electoral commission shall have a right to appeal to the high court against determinations made under subsections (2) (c) and (2) (d). the electoral commission shall exercise its powers, functions and duties under this section independent of any direction or interference by other authority or any person. without prejudice to subsection (3)— the high court shall have jurisdiction to entertain applications for judicial review of the exercise by the electoral commission of its powers and functions to ensure that such powers and functions were duly exercised in accordance with this constitution or any act of parliament; and the national assembly shall confirm all determinations by the electoral commission with regard to the drawing up of constituency boundaries but may not alter the boundaries of any constituency, except upon the recommendation of the electoral commission. 77. the franchise all persons shall be eligible to vote in any general election, by-election, presidential election, local government election or referendum, subject only to this section. subject to subsection (3), a person shall be qualified to be registered as a voter in a constituency if, and shall not be so qualified unless, at the date of the application for registration that person— is a citizen of malawi or, if not a citizen, has been ordinarily resident in the republic for seven years; has attained the age of eighteen years; and is ordinarily resident in that constituency or was born there or is employed or carries on a business there. no person shall be qualified for registration as a voter in a constituency if that person— is under any law in force in the republic adjudged or otherwise declared to be mentally incompetent; is under sentence of death imposed by a court having jurisdiction in the republic, either before or after the appointed day; or is disqualified from registration as a voter on the grounds of his or her having been convicted of any violation of any law relating to elections passed by parliament and in force at the time of, or after, the commencement of this constitution, but such disqualification shall be valid only with respect to registration for the election in question and the person so disqualified shall be qualified to be registered as a voter in the nextor any subsequentelection. where any person is qualified to be registered in more than one constituency as a voter, he or she may be so registered only in one of the constituencies. no person shall exercise more than one vote in any one election. chapter viii. the executive 78. the president there shall be a president of the republic who shall be head of state and government and the commander-in-chief of the defence force of malawi. 79. the vice-president there shall be a first vice-president and, subject to section 80 (5), a second vice-president both of whom shall assist the president and who shall exercise the powers and functions conferred on the first vice-president or the second vice-president, as the case may be, by this constitution or by any act of parliament and by the president. 80. election of the president and the first vice-president the president shall be elected in accordance with the provisions of this constitution in such manner as may be prescribed by act of parliament and, save where this constitution provides otherwise, the ballot in a presidential election shall take place concurrently with the general election for members of the national assembly as prescribed by section 67 (1). the president shall be elected by a majority of the electorate through direct, universal and equal suffrage. every presidential candidate shall declare who shall be his or her first vice-president if he or she is elected at the time of his or her nomination. the first vice-president shall be elected concurrently with the president and the name of a candidate for the first vice-president shall appear on the same ballot paper as the name of the presidential candidate who nominated him. where the president considers it desirable in the national interest so to do, he or she may appoint a person to the office of second vice-president and may do so upon taking his or her oath of office or at any time thereafter or upon a vacancy in the office of second vice-president; and where no person has been appointed to the office of second vice-president then— the provisions of this chapter making reference to that office shall be read mutatis mutandis; and the office of first vice-president shall be known as the office of vice-president as if section 79 created the office of a vice-president only: provided that where the president was elected on the sponsorship of a political party, then he or she shall not appoint a second vice-president from that political party. notwithstanding any provision of this constitution to the contrary, a person shall only be qualified for nomination for election as president or first vice-president or for appointment as first vice-president or second vice-president if that person— is a citizen of malawi by birth or descent; and has attained the age of thirty-five years. no person shall be eligible for nomination as a candidate for election as president or first vice-president or for appointment as first vice-president or second vice-president if that person— has been adjudged or declared to be of unsound mind; is an undischarged bankrupt having been declared bankrupt under a law of the republic; has, within the last seven years, been convicted by a competent court of a crime involving dishonesty or moral turpitude; owes allegiance to a foreign country; is the holder of a public office or a member of parliament, unless that person first resigns; is a serving member of the defence forces or malawi police service; or has, within the last seven years, been convicted by a competent court of any violation of any law relating to election of the president or election of the members of parliament. 81. oath of office before a person elected to be president or first vice-president or appointed to be first vice-president or second vice-president takes office that person shall take the following oath which shall be administered in public by the chief justice— “i, ............. do solemnly swear that i will well and truly perform the functions of the high office of president (or vice-president) of the republic of malawi, and that i will preserve and defend the constitution, and that i will do right to all manner of people according to law without fear or favour, affection or ill-will. so help me god.” instead of taking an oath, the president, first vice-president or second vice-president may, if he or she thinks fit, make an affirmation which shall be in the like form with the substitution of “affirm” for “swear”, and the omission of the final sentence. a person elected to be president or appointed to be first vice-president or second vice-president shall be sworn into office, in accordance with subsection (1), within thirty days of being elected or appointed. the president and first vice-president shall hold office until such time as his or her successor is sworn in. 82. renumeration the president, first vice-president and second vice-president shall receive such salary, allowance or pension as may, from time to time, be determined by parliament in consultation with the president and shall have such adequate number of residences and personal staff, at state expense, as an act of parliament may prescribe. 83. tenure of office the president shall hold office for five years from the date that his or her oath of office is administered, but shall continue in office until his or her successor has been sworn in. the first vice-president and the second vice-president shall hold office from the date of the administration of the oath of office to them until the end of the president’s term of office unless their office should come to an end sooner in accordance with the provisions of this constitution. the president, the first vice-president and the second vice-president may serve in their respective capacities a maximum of two consecutive terms, but when a person is elected or appointed to fill a vacancy in the office of president or vice-president, the period between that election or appointment and the next election of a president shall not be regarded as a term. whenever there is a vacancy in the office of president, the first vice-president shall assume that office for the remainder of the term and shall appoint another person to serve as first vice-president for the remainder of the term. 84. death or resignation of a vice-president if the first vice-president dies or resigns from office, or where in accordance with section 87 the office is vacated through the incapacity of the first vice-president for more than twelve months, the vacancy shall be filled for the unexpired period of that term by a person appointed by the president. 85. vacancy of office of president and vice-president if at any time both the office of president and first vice-president become vacant then the cabinet shall elect from among its members an acting president and acting first vice-president who shall hold office for not more than sixty days or, where four years of a presidential term have expired, for the rest of that presidential term. 86. removal from office the president or first vice-president shall be removed from office where the president or first vice-president, as the case may be, has been indicted and convicted by impeachment. the procedure for impeachment shall be as laid down by the standing orders of parliament, provided that they are in full accord with the principles of natural justice and that— indictment and conviction by impeachment shall only be on the grounds of serious violation of the constitution or serious breach of the written laws of the republic that either occurred or came to light during the term of office of the president or the first vice-president; indictment on impeachment shall require the affirmative vote of two-thirds of the members of the national assembly in a committee of the whole house; conviction on impeachment shall require the affirmative vote of two-thirds of the members of the national assembly; conviction in cases of impeachment shall cause the removal, and disqualification from such office in the future, of the office holder; and conviction by way of impeachment shall not act as a bar to legal proceedings. the president shall have power to remove the second vice-president from office. 87. incapacity whenever the president is incapacitated so as to be unable to discharge the powers and duties of that office, the first vice-president shall act as president, until such time, in the president’s term of office, as the president is able to resume his or her functions. the president shall not be deemed to be incapacitated for the purposes of this section until and unless— there is a written declaration, certified by a board of independent medical practitioners, that the president is unable to discharge the duties of the office of president; the declaration is signed by the first vice-president and a majority of the cabinet, holding office at that time; and the declaration is submitted by the first vice-president to the speaker of the national assembly. upon submission to the speaker of a declaration under subsection (2), the first vice-president shall immediately assume the powers and duties of the office of president as acting president. where the president has been declared to be incapacitated in accordance with subsection (2) the president may, at any time thereafter, submit to the national assembly a written declaration, certified by a board of independent medical practitioners, stating his or her fitness to carry on the duties of the office of president: provided that— upon receipt of such a declaration from the president, the national assembly shall have thirty days within which to determine whether or not the president is in fact or not so incapacitated as to be unable to discharge the duties of the office of president; and if the national assembly determines that the president remains so incapacitated so as to be unable to discharge the duties of the office of president, by an affirmative vote of two-thirds of all of its members, the first vice-president shall continue to act as president until the national assembly determines that the president is again fit to assume the duties and powers of the office of president; or if the national assembly determines that the president is no longer so incapacitated as to be unable to discharge the duties of the office of president by an affirmative vote of two-thirds of the national assembly, the president shall resume the duties of the office of president within thirty days of that vote. if, on the expiry of twelve months from the date of the speaker being notified of the incapacity of the president, the national assembly has not determined that the president is fit to perform duties of the office of president in accordance with subsection (4), then the office of president shall be deemed vacant and the vice-president shall assume office for the remainder of the term in accordance with section 83 (4). the provisions of this section, save for subsection 5 shall apply mutatis mutandis to the incapacity of the first vice-president except that the certificate shall then be signed by the president and be submitted to the speaker by the president and the functions of the first vice-president shall be carried out by such other member of cabinet as the president may appoint. every board of independent medical practitioners required for the purposes of this section shall be selected in accordance with the procedure laid down in the standing orders of parliament. 88. responsibility of the president the president shall be responsible for the observance of the provisions of this constitution by the executive and shall, as head of state, defend and uphold the constitution as the supreme law of the republic. the president shall provide executive leadership in the interest of national unity in accordance with this constitution and the laws of the republic. the president and members of the cabinet shall not hold any other public office and shall not perform remunerative work outside the duties of their office and shall, within three months from the date of election or appointment, as the case may be, fully disclose all of their assets, liabilities and business interests, and those of their spouses, held by them or on their behalf as at that date; and, unless parliament otherwise prescribes by an act of parliament, such disclosure shall be made in a written document delivered to the speaker of the national assembly who shall immediately upon receipt deposit the document with such public office as may be specified in the standing orders of parliament. any business interests held by the president and members of the cabinet shall be held on their behalf in a beneficial trust which shall be managed in such manner as to ensure conformity with this section. the president and members of the cabinet shall not use their respective offices for personal gain or place themselves in a situation where their material interests conflict with the responsibilities and duties of their offices. 88a. prevention of conflicts of interests of the president and cabinet the president and members of the cabinet shall not hold any public office and shall not perform remunerative work outside the duties of their offices and shall, within three months from the date of election or appointment, as the case may be, fully disclose all of their assests, liabilities and business interests, and those of their spouses held by them or on their behalf as at that date; and, unless parliament otherwise prescribes by an act of parliament, such disclosure shall be made in a written document delivered to the speaker of the national assembly who shall immediately upon receipt deposit the document with such public office as may be specified in the standing orders of parliament. any business interests held by the president and members of the cabinet shall be held on their behalf in a beneficial trust which shall be managed in such manner as to ensure conformity with the responsibility and duties of their offices. the president and members of the cabinet shall not use their respective offices for personal gain or place themselves in a situation where their materials interest conflict with the responsibilities and duties of their offices. 89. powers and duties of the president the president shall have the following powers and duties— to assent to bills and promulgate bills duly passed by parliament; to convene and preside over meetings of the cabinet; to confer honours; to make such appointments as may be necessary in accordance with powers conferred upon him or her by this constitution or an act of parliament; subject to this constitution, to appoint, accredit, receive and recognize ambassadors, high commissioners, plenipotentiaries, diplomatic representatives and other diplomatic officers, consuls and consular officers; to negotiate, sign, enter into and accede to international agreements or to delegate such power to ministers, ambassadors and high commissioners; to appoint commissions of inquiry; to refer disputes of a constitutional nature to the high court; and to proclaim referenda and plebiscites in accordance with this constitution or an act of parliament. the president may pardon convicted offenders, grant stays of execution of sentence, reduce sentences, or remit sentences: provided that— decisions under this subsection shall be taken in consultation with an advisory committee on the granting of pardon, the composition and formation of which shall be determined by an act of parliament; and judgments in cases of impeachment of the president or vice-president shall not be liable to pardon by the president. the president shall each year, immediately before the consideration of the official budget, attend parliament and shall— address parliament on the state of the nation and on the future policies of the government at that time; report on the policies of the previous year; and respond to questions. the president shall be called to parliament to answer questions at such times as may be prescribed by the standing orders of parliament or on a motion of the national assembly. subject to this constitution and any act of parliament, the president shall exercise all other powers reasonably necessary and incidental to the functions of his or her office in accordance with this constitution. the powers and functions of the president shall be exercised by him or her personally or by a member of the cabinet or by a government official to whom the president has delegated such power in writing. 90. confirmation of decisions etc., of the president decisions of the president shall be expressed in writing under his or her signature. where law or practice so requires, the signature of the president on any instrument shall be confirmed by the public seal. 91. immunity no person holding the office of president or performing the functions of president may be sued in any civil proceedings but the office of president shall not be immune to orders of the courts concerning rights and duties under this constitution. no person holding the office of president shall be charged with any criminal offence in any court during his term of office. after a person has vacated the office of president, he or she shall not be personally liable for acts done in an official capacity during his or her term of office but shall not otherwise be immune. 92. cabinet there shall be a cabinet consisting of the president, the first vice-president, the second vice-president and such ministers and deputy ministers as may, from time to time, be appointed by the president. the cabinet shall exercise the powers and functions assigned to it by this constitution or an act of parliament and shall be responsible for advising the president with respect to the policies of the government and with respect to such other matters as may be referred to it by the president. cabinet meetings shall be presided over— by the president; or in the temporary absence of the president, by the first vice-president; or in the temporary absence of both the president and first vice-president, by the second vice-president. there shall be a secretary to the cabinet who shall be appointed by the president and whose office shall be a public office and who shall— have charge of the cabinet office; be responsible, subject to the directions of the cabinet, for arranging the business, and keeping the minutes of the cabinet; convey the decisions of the cabinet to the appropriate persons or authorities; and have such other functions as the cabinet may direct. 93. government departments there shall be ministers and deputy ministers who shall exercise such powers and functions, including the running of government departments, as may be prescribed by the president subject to this constitution. every government department shall be under the supervision of a principal secretary, whose office shall be a public office and who shall be under the direction of a minister or deputy minister: provided that two or more government departments may be placed under the supervision of one principal secretary, and one government department may be placed under the supervision of two or more principal secretaries. 94. appointment of ministers and deputy ministers the president shall have the power to appoint ministers or deputy ministers and to fill vacancies in the cabinet. a person shall not be qualified to be appointed as a minister or deputy minister unless that person— is a citizen of the republic who upon taking office, has attained the age of twenty-one years; is able to speak and to read the english language; and is registered as a voter in a constituency. notwithstanding subsection (2), no person shall be qualified to be appointed as a minister or deputy minister who— owes allegiance to a foreign country; is, under any law in force in the republic, adjudged or otherwise declared to be of unsound mind; has, within the last seven years, been convicted by a competent court of a crime involving dishonesty or moral turpitude; is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in the republic; holds or acts in any public office or appointment; belongs to, and is serving in the defence forces of malawi or in the malawi police service; has, within the last seven years, been convicted by a competent court of any violation of any law relating to election of the president or election of the members of parliament. 95. oath of office and removal of minister or deputy minister no minister or deputy minister shall assume office unless an oath or solemn affirmation was taken and executed in a manner prescribed by an act of parliament. the president shall have the power to remove ministers or deputy ministers from their posts. 96. duties and functions of the cabinet the members of the cabinet shall have the following functions— to advise the president; to direct, co-ordinate and supervise the activities of government departments, including parastatal bodies; to initiate bills for submission to the national assembly and to explain those bills; to prepare, explain and formulate for the parliament the budget of the state and its economic programmes; to be available to parliament for the purposes of answering any queries or participating in any debate pertaining to the content of the policies of the government; to assist the president in determining what international agreements are to be concluded or acceded to and to inform parliament thereon; to take responsibility for the implementation and administration of laws; and to carry out such other functions reasonably necessary for the performance of their duties in accordance with this constitution, as may be prescribed by an act of parliament or the president. in performing the duties and functions referred to in this section the cabinet shall make legislative proposals available in time in order to permit sufficient canvassing of expert and public opinion. 97. ministerial accountability all ministers shall be responsible to the president for the administration of their own departments. 98. the attorney general there shall be the office of attorney general, who shall be the principal legal adviser to the government. any powers vested in the office of the attorney general may be exercised by the person appointed to that office or, subject to his or her general or special instructions by— persons in the public service acting as his or her subordinates; or such other legally qualified persons acting on the instructions of the attorney general. appointment to the office of attorney general shall be made by the president. the office of attorney general shall where it is held by a person employed in the public service, become vacant after the person holding that office has served for five years, or on his or her resignation or retirement or up to the end of the president’s term of office whichever is sooner. the office of attorney general may either be the office of a minister or may be a public office. the attorney general shall be subject to removal by the president on the grounds of incompetence, incapacity or being compromised in the exercise of his duties to the extent that his ability to give impartial legal advice is seriously in question. 99. the director of public prosecution there shall be a director of public prosecutions, whose office shall be a public office. the director of public prosecutions shall have power in any criminal case in which he or she considers it desirable so to do— to institute and undertake criminal proceedings against any person before any court (other than a court-martial) in respect of any offence alleged to have been committed by that person; to take over and continue any criminal proceedings which have been instituted or undertaken by any other person or authority; and subject to subsection (5) to discontinue at any stage before judgment is delivered any criminal proceedings instituted or undertaken by himself or herself or any other person or authority. subject to section 101 (2), the powers conferred on the director of public prosecutions by subsection (2) (b) and (c) shall be vested in him or her to the exclusion of any other person or authority and whenever exercised, reasons for the exercise shall be provided to the legal affairs committee of the national assembly within ten days: provided that where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the court. for the purposes of this section, any appeal from any judgment in any criminal proceedings before any court, or any case stated or question of law reserved to any other court for the purpose of any such proceedings, shall be deemed to be part of those proceedings. the director of public prosecutions shall not exercise the power under subsection (2) (c) to discontinue proceedings with respect to any appeal by a person convicted in any criminal proceedings or to any case stated or question of law reserved at the instance of such a person. 100. delegation of powers to prosecute save as provided in section 99 (3), such powers as are vested in the office of the director of public prosecutions may be exercised by the person appointed to that office or, subject to his or her general or special instructions or to an act of parliament, by— persons in the public service acting as his or her subordinate; or such other legally qualified persons on instructions from the director of public prosecution. notwithstanding subsection (1)— the person appointed to the office of director of public prosecutions shall be accountable to the legal affairs committee of the national assembly for the exercise of such powers in his or her own behalf and those powers exercised on his or her behalf by subordinates in accordance with subsection (1); and an act of parliament shall prescribe restrictions relating to the exercise of powers under this section by any member of the malawi police service. 101. appointment of the director of public prosecutions appointment to the office of director of public prosecutions shall be made by the president and confirmed by the public appointments committee subject to satisfying requirements as to competence of the person so appointed to perform the duties of that office and as to capacity of a person so appointed to pursue prosecutions independently. in the exercise of the powers conferred on him or her by this constitution or any other law, the director of public prosecutions shall be subject only to the general or special directions of the attorney general but shall otherwise act independent of the direction or control of any other authority or person and in strict accordance with the law: provided that the director of public prosecutions or the attorney general may be summoned by the legal affairs committee of parliament to appear before it to give account for the exercise of those powers. 102. removal of the director of public prosecutions the office of the director of public prosecutions shall become vacant after the person holding that office has served five years or on his or her resignation or retirement whichever is sooner: provided that the person holding that office may be appointed for such further terms, not exceeding five years, as the president considers appropriate. a person holding the office of the director of public prosecutions may be removed from the office by the president before the expiration of his or her term of office, if the president is satisfied that the person holding that office— is incompetent in the exercise of his or her duties; is compromised in the exercise of his or her duties to the extent that his or her ability to exercise his or her functions impartially is in serious question; is otherwise incapacitated; or has attained the age prescribed for retirement. chapter ix. the judicature 103. the independence and jurisdiction of the courts and the judiciary all courts and all persons presiding over those courts shall exercise their functions, powers and duties independent of the influence and direction of any other person or authority. the judiciary shall have jurisdiction over all issues of judicial nature and shall have exclusive authority to decide whether an issue is within its competence. there shall be no courts established of superior or concurrent jurisdiction with the supreme court of appeal or high court. 104. the supreme court of appeal there shall be a supreme court of appeal for malawi, which shall be a superior court of record and shall have such jurisdiction and powers as may be conferred on it by this constitution or by any other law. the supreme court of appeal shall be the highest appellate court and shall have jurisdiction to hear appeals from the high court and such other courts and tribunals as an act of parliament may prescribe. 105. composition of the supreme court of appeal the justices of the supreme court of appeal shall be— the chief justice; such number of other justices of appeals not being less than three, as may be prescribed by an act of parliament. when the supreme court of appeal is determining any matter, other than an interlocutory matter, it shall be composed of an uneven number of justices of appeal, not being less than three. a justice of the supreme court of appeal may only be appointed in accordance with section 111. 106. acting justices of appeal if, by reason of a vacancy of office, or by reason of the operation of section 107, there are less than three serving justices of appeal, then the president may, on the recommendation of the judicial service commission, appoint judges of the high court, to serve as acting justices of appeal. an acting justice of appeal shall hold that office only until such time as he or she is appointed chief justice or justice of appeal in accordance with section 111, but he or she shall cease to serve as a justice of appeal if— there are more than three serving justices of appeal, either by reason of a vacancy or vacancies being filled in accordance with section 111 or where such justices of appeal or acting justices of appeal as have been excused from serving on the supreme court are able to resume their duties in accordance with section 107; he or she is excused from his or her duties as a justice of appeal or an acting justice of appeal in accordance with section 107. 107. relief from duties a justice of appeal or acting justice of appeal shall be excused from serving on the supreme court of appeal only for such time as is reasonably necessary and only— by reason of that justice of appeal or acting justice of appeal having been a party to proceedings in a lower court, the decision of which is being appealed to the supreme court of appeal; or for such other reason that the chief justice or judicial service commission considers would prevent him or her from performing the duties of his or her office. for the purposes of this section “a party to proceedings” shall include— any person exercising a judicial function in those proceedings; having been retained for the purposes of legally representing a party to the proceedings; or being retained for the purposes of legal advice to party to the proceedings. 108. the high court there shall be a high court for the republic which shall have unlimited original jurisdiction to hear and determine any civil or criminal proceedings under any law. the high court shall have original jurisdiction to review any law, and any action or decision of the government, for conformity with this constitution, save as otherwise provided by this constitution and shall have such other jurisdiction and powers as may be conferred on it by this constitution or any other law. 109. composition of the high court the judges of the high court shall be such number of judges, not being less than three, as may be prescribed by an act of parliament. 110. subordinate courts there shall be such courts, subordinate to the high court, as may be prescribed by an act of parliament which shall be presided over by professional magistrates and lay magistrates. there shall be an industrial relations court, subordinate to the high court, which shall have original jurisdiction over labour disputes and such other issues relating to employment and shall have such composition and procedure as may be specified in an act of parliament. parliament may make provision for traditional or local courts presided over by lay persons or chiefs: provided that the jurisdiction of such courts shall be limited exclusively to civil cases at customary law and such minor common law and statutory offences as prescribed by an act of parliament. appeals from subordinate courts shall lie to the high court, unless provided in this constitution or by an act of parliament. 111. appointment of the judiciary the chief justice shall be appointed by the president and confirmed by the national assembly by a majority of two-thirds of the members present and voting. all other judges shall be appointed by the president on the recommendation of the judicial service commission. magistrates and persons appointed to other judicial offices shall be appointed by the chief justice on the recommendation of the judicial service commission and shall hold office until the age of seventy unless sooner removed by the chief justice on the recommendation of the judicial service commission. for the purposes of this chapter “judicial office” means the office of— a justice of appeal or acting justice of appeal; a judge of the high court or acting judge of the high court; the registrar or deputy registrar of the supreme court of appeal or high court; a magistrate of whatever grade; and a person presiding over a traditional or local court. a person appointed to fill a vacancy in the office of a judge shall not be required, on being so appointed, to serve in an acting capacity. for the purposes of this chapter “judge” shall mean the chief justice, a justice of appeal, an acting justice of appeal, a judge of the high court or an acting judge of the high court. 112. qualification of judicial officers a person shall not be qualified for appointment as a judge unless that person— is, or has been, a judge of a court having unlimited jurisdiction in criminal or civil proceedings; or is entitled to practise as a legal practitioner or an advocate or a solicitor in such a court and has been entitled so to practise for not less than ten years. for the purposes of this section, a person shall be regarded as entitled to practise as a legal practitioner or an advocate or a solicitor if that person has been called, enrolled or otherwise admitted as such and has not been subsequently disbarred or removed from the roll of legal practitioners or advocates or solicitors notwithstanding that the person— holds or acts in any office the holder of which is, by reason of his or her office, precluded from practising in court; or does not hold a practising certificate and has not satisfied any other like condition of his or her being permitted to practise. 113. vacancy if the office of chief justice is vacant, or if the chief justice for any reason will not perform the functions of his or her office, then, until a person has been appointed to and has assumed the functions of that office, or until the person holding that office has resumed those functions, as the case may be, those functions shall be performed by the most senior judge then sitting on the supreme court of appeal, or in the event that a supreme court judge is not available, then, by the most senior judge sitting on the high court, appointed by the president after consultation with the judicial service commission. if any judicial office is vacant or if any judge is appointed to act as chief justice, or is for any reason unable to perform the functions of his or her office, the president, on the recommendations of the judicial service commission, may appoint a person qualified for appointment to that judicial office under this section to act in that office. 114. remuneration the chief justice and all other holders of judicial office shall receive a salary and other employment benefits for their services and, on retirement, such pension, gratuity or other allowance as may, from time to time, be determined by the national assembly. the salary, any allowance and other employment benefits of a holder of judicial office shall not without his or her consent be reduced during his or her period of office and shall be increased at intervals so as to retain its original value and shall be a charge upon the consolidated fund. 115. the judicial oath a person holding judicial office shall not enter upon the duties of his or her office unless that officer has taken and subscribed the oath of allegiance for the due execution of his or her office in such manner and form as may be prescribed by an act of parliament. 116. the judicial service commission there shall be a judicial service commission for the regulation of judicial officers and which shall have such jurisdiction and powers as may be conferred on it by this constitution or, subject to this constitution, by any act of parliament. 117. composition the judicial service commission shall consist of— the chief justice who shall be the chairman; the chairman of the civil service commission, or such other member as may for the time being be designated in that behalf by the chairman of the civil service commission; such justice of appeal or judge as may for the time being be designated in that behalf by the president acting after consultation with the chief justice; and such legal practitioner and such magistrate as may for the time being be designated in that behalf by the president acting after consultation with the chief justice. 118. powers of the judicial service commission the judicial service commission shall have the authority to— nominate persons for judicial office; exercise such disciplinary powers in relation to persons in judicial office as shall be prescribed by an act of parliament, subject to this constitution; recommend, subject to section 119, the removal of a person from judicial office; subject to this constitution, make such representations to the president as may be prescribed by an act of parliament; and exercise such other powers as are conferred on it by this constitution or as are reasonably necessary for the performance of its duties: provided that nothing in this section shall prejudice the right of any person in judicial office who was the subject of any decision by the judicial service commission to appeal to the high court against that decision. 119. tenure of office of judges subject to this section, a person holding the office of judge shall vacate that office on attaining the age prescribed in subsection (6): provided that the president, after consultation with the judicial service commission, may permit a judge who has attained that age to continue in office for such period as may be necessary to enable him or her to deliver judgment or to do any other thing in relation to proceedings that were commenced before him or her before he or she attained that age. a person holding the office of judge may be removed from office only for incompetence in the performance of the duties of his or her office or for misbehaviour, and shall not be so removed except in accordance with subsections (3) and (4). the president may by an instrument under the public seal and in consultation with the judicial service commission remove from office any judge where a motion praying for his or her removal on the ground of incompetence in the performance of the duties of his or her office or misbehaviour has been— debated in the national assembly; passed by a majority of the votes of all the members of the assembly; and submitted to the president as a petition for the removal of the judge concerned: provided that the procedure for the removal of a judge shall be in accordance with the principles of natural justice. where notice of intention to introduce before the national assembly a motion praying for the removal of a judge from his or her office has been lodged in the office of the speaker, the president may, where after consultation with the judicial service commission he or she is satisfied that it is in the public interest so to do, suspend the judge from performing the duties of his or her office. the suspension of a judge under subsection (4) may at any time be revoked by the president, after consultation with the judicial service commission, and shall in any case cease to have effect where the motion is withdrawn before being debated in the national assembly or, upon being debated, is not passed by a majority thereof. the prescribed age for purposes of subsection (1) shall be the age of sixty-five years or such other age as may be prescribed by parliament: provided that a law made by parliament, to the extent that it alters the age at which a judge shall vacate his or her office, shall not have effect in relation to a judge after his or her appointment unless he or she consents to its having effect. where the president considers it desirable in the public interest so to do, he or she may, with the consent of the person concerned, assign a person holding the office of judge to any other office in the public service for such period as the president may determine during which that person may cease to perform the duties of his or her office as judge; but so, however, that— such assignment shall notbe regarded as removal of that person under subsection (2) from his or her office as judge; the resumption by that person of the duties of his or her office as judge shall not require formal re-appointment; the retirement age of that person shall be that prescribed for judges under subsection (1). chapter x. the ombudsman 120. the office of the ombudsman there shall be a public office known as the office of the ombudsman which shall have such powers, functions and responsibilities as are conferred upon that office by this constitution and any other law. 121. independence of the ombudsman in the exercise of his or her powers, functions and duties the ombudsman shall be completely independent of the interference or direction of any other person or authority, but shall otherwise be answerable to parliament. 122. appointment of ombudsman nominations for appointment to the office of ombudsman shall be received from the public by way of a public advertisement placed by the clerk to the national assembly and the successful candidate shall be appointed by the public appointments committee in accordance with the requirements of this section. the person appointed to the office of ombudsman shall— have sufficient knowledge of the law; be publicly regarded as a person who can make impartial judgments; have sufficient knowledge of the workings of government; not have had any criminal convictions and not have been a bankrupt; be otherwise competent and capable of performing the duties of his or her office; not be the president, vice-president, a minister or deputy minister, a serving public officer in any public office other than that of ombudsman or a member of parliament; and not hold any other public office unless otherwise provided for in this constitution. 123. functions and powers the office of the ombudsman may investigate any and all cases where it is alleged that a person has suffered injustice and it does not appear that there is any remedy reasonably available by way of proceedings in a court or by way of appeal from a court or where there is no other practicable remedy. notwithstanding subsection (1), the powers of the office of the ombudsman under this section shall not oust the jurisdiction of the courts and the decisions and exercise of powers by the ombudsman shall be reviewable by the high court on the application of any person with sufficient interest in a case the ombudsman has determined. 124. powers of investigation the ombudsman shall have full powers to— subpoena the attendance of any person who the ombudsman reasonably believes to be connected with any investigation being undertaken by that office; require the immediate disclosure of information and the production of documents of any kind, from any public body; question any person who the ombudsman reasonably believes to be connected with an investigation that is being undertaken by that office; and initiate contempt proceedings before the high court against any person or authority in connexion with non-compliance with the powers conferred in this section. 125. priviledges and immunities of the ombudsman a person holding the office of ombudsman shall— be provided with the necessary resources to discharge the functions of that office; be entitled to the fullest cooperation of any person or authority of whom he or she requests assistance in connexion with the duties of that office; enjoy, with respect to his or her official functions, similar protection and privileges in so far as they are appropriate as are enjoyed by members of parliament; and be paid a salary to be charged to the consolidated fund and which shall not be reduced without the consent of the office holder. 126. remedies where the investigations of the ombudsman reveal sufficient evidence to satisfy him or her that an injustice has been done, the ombudsman shall— direct that appropriate administrative action be taken to redress the grievance; cause the appropriate authority to ensure that there are, in future, reasonably practicable remedies to redress a grievance; and refer a case to the director of public prosecutions with a recommendation for prosecution, and, in the event of a refusal by the director of public prosecutions to proceed with the case, the ombudsman shall have the power to require reasons for the refusal. 127. reports of the ombudsman the ombudsman shall lay, each year, before the national assembly a report which shall include a record of all complaints and applications to the office of ombudsman, a record of the exercise of powers in relation to applications, of the remedies afforded to applicants in respect of grievances and shall also include a record of the general recommendations of the ombudsman in respect of grievances. 128. removal from office a person appointed to the office of ombudsman shall serve a term of not more than five years, provided that the public appointments committee may appoint that person for such further terms of five years as it considers appropriate unless that committee sooner terminates that appointment in accordance with this section. a person appointed to the office of ombudsman shall not be removed by the public appointments committee, except— in such circumstances where had that person not been ombudsman, that person would have been disqualified from being appointed; for gross misconduct; or on reaching the age of sixty-five years. chapter xi. human rights commission 129. establishment of the human rights commission there shall be a human rights commission the primary functions of which shall be the protection and investigation of violations of the rights accorded by this constitution or any other law. 130. powers the human rights commission shall, with respect to the applications of an individual or class of persons, or on its own motion, have such powers of investigation and recommendation as are reasonably necessary for the effective promotion of the rights conferred by or under this constitution, or any other written law but shall not exercise a judicial or legislative function and shall not be given powers so to do. 131. composition the human rights commission shall consist of— the person for the time being holding the office of law commissioner; the person for the time being holding the position of ombudsman: provided that, save as prescribed by this section, no other member of the human rights commission shall be a person in any public office or the president or vice-president, a minister or deputy minister or a member of parliament. such persons as shall be nominated from time to time in that behalf by those organizations that are considered in the absolute discretion of both the law commissioner and the ombudsman to be reputable organizations representative of malawian society and that are wholly or largely concerned with the promotion of the rights and freedoms guaranteed by this constitution or any other written law. the law commissioner and the ombudsman shall jointly refer the names of persons nominated under paragraph (c) of subsection (1) to the president who shall formally appoint such persons as members of the human rights commission. a member of the human rights commission, other than a member by virtue of paragraph (a) or (b) of subsection (1), shall, save as otherwise provided by an act of parliament, continue to be a member of the commission until such time as he or she is removed from office on the grounds of— incompetence; incapacity; or in circumstances where the member is compromised to the extent that his or her ability to impartially exercise the duties of his or her office is seriously in question. chapter xii. law commission 132. establishment of the law commission there shall be a law commission which shall have the power to review and make recommendations relating to the repeal and amendment of laws and which shall have such powers and functions as are conferred on it by this constitution and any act of parliament. 133. composition the law commission shall consist of— a salaried law commissioner who shall be appointed by the president on the recommendation of the judicial service commission and who shall be a legal practitioner or a person qualified to be a judge; and such number of other persons as the law commissioner in consultation with the judicial service commission may appoint from time to time and for such time as they are required on account of their expert knowledge of a matter of law being then under review by the law commissioner, or on account of their expert knowledge of other matters relating to a legal issue being then under review. 134. removal of the law commissioner the president may remove the law commissioner or other person appointed to the law commission on the recommendation of the judicial service commission if the judicial service commission is satisfied that the law commissioner or such other person appointed to the law commission, as the case may be, is not competent or otherwise incapacitated so as to be unable to perform the functions of his or her office. the law commissioner shall serve a term of not more than five years but he or she may be appointed for such further term or terms not exceeding five years as the president shall, on the recommendation of the judicial service commission, determine. 135. powers and functions of the law commissioner the law commission shall have the powers— to review and make recommendations regarding any matter pertaining to the laws of malawi and their conformity with this constitution and applicable international law; to review and make recommendations regarding any matter pertaining to this constitution; to receive any submissions from any person or body regarding the laws of malawi or this constitution; and to report its findings and recommendations to the minister for the time being responsible for justice who shall publish any such report and lay it before parliament. 136. independence of the law commission the law commission shall exercise its functions and powers independent of the direction or interference of any other person or authority. chapter xiii. national compensation tribunal 137. the national compensation tribunal there shall be a national compensation tribunal which shall entertain claims with respect to alleged criminal and civil liability of the government of malawi which was in power before the appointed day and which shall have such powers and functions as are conferred on it by this constitution and an act of parliament. 138. exclusive original jurisdiction no person shall institute proceedings against any government in power after the commencement of this constitution in respect of any alleged criminal or civil liability of the government of malawi in power before the commencement of this constitution arising from abuse of power or office, save by application to the national compensation tribunal, which shall hear cases initiated by persons with sufficient interest. the national compensation tribunal shall have all powers of investigation necessary to establish the facts of any case before it. notwithstanding subsection (1), the national compensation tribunal shall have the power to remit a case or a question of law for determination by the ordinary courts where the national compensation tribunal is satisfied that the tribunal does not have jurisdiction, or where the tribunal feels it is in the interest of justice so to do. 139. composition there shall be a chairman of the national compensation tribunal who shall be a judge and who shall— be appointed in that behalf by the chief justice on the nomination of the judicial service commission; and hold the office of chairman of the national compensation tribunal for not more than three years or until such time as that person ceases to be a judge whichever is sooner. the chairman of the national compensation tribunal shall be assisted by such additional members and by such assessors and other experts as may be appointed in accordance with the provisions of an act of parliament. 140. procedure the rules of procedure of the national compensation tribunal and other matters of policy or principle concerning its powers and functions shall be prescribed by or under an act of parliament and shall be such as shall ensure expeditious disposal of cases, which may include an informal preliminary arbitration procedure. notwithstanding subsection (1), the procedures of the national compensation tribunal shall— conform to the standards of proof required for a normal civil court, unless the national compensation tribunal otherwise determines in the interest of justice in any particular case or class of cases; and conform with the standards of justice set out in this constitution and the principles of natural justice. 141. protection of third party rights where a third party disputes a claim and has an interest in money or property that is the subject of a claim before the national compensation tribunal— that party shall be given adequate notification; that party shall be entitled to legal representation; and if the chairman of the national compensation tribunal is satisfied that the person is of insufficient means to retain legal counsel, legal assistance shall be provided at the expense of the state. 142. jurisdiction of ordinary courts the high court shall not be excluded from hearing applications for judicial review of the decisions of the tribunal nor shall a determination by the tribunal be a bar to further criminal or civil proceedings in an appropriate court against a private person for the duration of the existence of the fund. a “private person” for the purposes of this section means a person who was before the commencement of this constitution a member of the government or of an agent of the government, who would, under the laws then in force, have been personally liable for an act that is the subject of the criminal or civil proceedings. 143. power to waive statutory limitations for the purposes of pursuing claims before the national compensation tribunal and criminal and civil proceedings against a private person within the meaning of section 142 (2), any statutory time limitation may be waived by the tribunal or by a court if it seems to the tribunal or the court equitable to do so. 144. national compensation fund there shall be a national compensation fund which shall be a trust vested in the republic. the national compensation fund shall be used exclusively for the purposes assigned to it by this constitution and shall— be a trust the purpose of which shall be for the exclusive benefit of those applicants to the national compensation tribunal who have been granted any award, gratuity, pension or other form of reparation according to the principles, procedures and rules of the national compensation tribunal; be held in a separate account within the reserve bank of malawi; and have all of its reports, financial statements and information relating to its operation published and maintained for public scrutiny. subject to this chapter, the only charges on, or disbursements to be made from, the national compensation fund shall be by— the national compensation tribunal; or the trustees of the fund in so far as such disbursements or charges are necessary and prudent for the efficient operation of the fund in accordance with its purpose as declared in this subsection. there shall be not less than four trustees of the national compensation fund who shall be appointed from time to time by the public appointments committee on the recommendation of the national compensation tribunal. a trustee shall hold office for the duration of the fund unless and only in such circumstances as that trustee is removed by the public appointments committee on the grounds of— incompetence; incapacity; or being compromised in the exercise of his or her functions to the extent that his or her financial probity is in serious question. trustees of the national compensation fund shall exercise their functions independent of any direction or interference by any body or authority, save as is provided by this section. the auditor general shall make an annual report, to be laid before the national assembly, on the conduct and status of the fund which shall provide guidance to the national assembly for voting an appropriation for the purposes of the national compensation fund. an appropriation for the purposes of the national compensation fund shall be laid before the national assembly by the minister responsible for finance before the beginning, and with respect to, every financial year during the life of the fund. with respect to any financial year, the tribunal shall prescribe a period not being more than six months after the commencement of that financial year, after which the tribunal shall not receive applications for compensation within that financial year from the national compensation fund. 145. winding-up of the national compensation fund the national compensation fund shall cease to be charged with new claims for compensation not later than ten years after the commencement of this constitution at which time the national compensation tribunal shall dissolve. if, with respect to any year within the period prescribed in subsection (1), and after the second year of it coming into existence, less than ten applications are made to the national compensation tribunal, then the chairman of the tribunal may direct the minister responsible for finance to lay before the national assembly a bill— to dissolve the national compensation tribunal; and to confer on the high court jurisdiction equivalent to that of the national compensation tribunal to determine claims against the government within the meaning of this chapter. where the national compensation tribunal has been dissolved, for the remaining duration of the period prescribed in subsection (1) the uncommitted residue of the fund shall remain a separate fund within the accounts of the consolidated fund which shall be drawn upon by the minister responsible for finance in respect of awards made by the high court in relation to claims that would otherwise have been determined by the national compensation tribunal. the national compensation fund shall continue until there is no longer a committed residue. chapter xiv. local government 146. local government authorities there shall be local government authorities which shall have such powers as are vested in them by this constitution and an act of parliament. local government authorities shall be responsible for the representation of the people over whom they have jurisdiction, for their welfare and shall have responsibility for— the promotion of infrastructural and economic development, through the formulation and execution of local development plans and the encouragement of business enterprise; the presentation to central government authorities of local development plans and the promotion of the awareness of local issues to national government; the consolidation and promotion of local democratic institutions and democratic participation; and such other functions, including the registration of births and deaths and participation in the delivery of essential and local services, as may be prescribed by any act of parliament. parliament shall, where possible, provide that issues of local policy and administration be decided on at local levels under the supervision of local government authorities. parliament shall ensure that the composition of local government authorities includes a prescribed number of persons serving as chiefs in the area of jurisdiction of such authorities and affords equal representation in respect of each ward within its jurisdiction, and that the boundaries of each ward shall be designated by the electoral commission in accordance with section 148. 147. composition of local government authorities local government authorities shall consist of local councillors who shall be elected by free, secret and equal suffrage by the registered voters in the area over which that local government authority is to have jurisdiction and the election shall be organized, conducted and supervised by the electoral commission. the offices of local government shall include mayors in cities and municipalities and local councillors in all areas and they shall have such functions, powers and responsibilities as shall be laid down by an act of parliament. there shall be, in respect of each local government authority, such administrative personnel, subordinate to local councillors, as shall be required to execute and administer the lawful resolutions and policies of those councillors. there shall be a local government service commission, the composition, functions, powers and procedures of which shall be provided for by an act of parliament. local government elections shall take place every five years on a date to be determined by the president in consultation with the electoral commission: provided that the local government authorities shall stand dissolved at the end of five years following an election. 148. jurisdiction of local government authorities subject to the recommendations of the electoral commission, and in accordance with the principles laid down in this constitution and any other law relating to national elections, there shall be drawn boundaries for local government authorities. any boundaries determining the territorial jurisdiction of any local government authority shall be geographical only, without reference to race, colour, tribe or ethnic origin of the inhabitants of the area. 149. national local government finance committee, its establishment, powers and functions there shall be a national local government finance committee which shall hear submissions from each and every local government authority in respect of estimates of expenditure and requests for special disbursements and shall have such other powers and functions as may be conferred on it by this constitution or an act of parliament. the national local government finance committee shall have the power to— receive all estimates of revenue and all projected budgets of all local government authorities; examine and supervise accounts of local government authorities, in accordance with any act of parliament, subject to the recommendations of the auditor general; make recommendations relating to the distribution of funds allocated to local government authorities, and vary the amount payable from time to time and area to area according to, and with sole consideration of, economic, geographic and demographic variables; prepare a consolidated budget for all local government authorities and estimates after consultation with the treasury, which shall be presented to the national assembly for information purposes by the minister responsible for local government before the commencement of each financial year; and make application to that minister for supplementary funds where necessary. 150. duty to provide adequate resources for local government functions the government shall be under a duty to ensure that there is adequate provision of resources necessary for the proper exercise of local government functions and to this effect shall allow a local government authority to keep such proportion of the revenue collected by that authority as shall be prescribed by the national local government finance committee; and any surplus of the revenue shall be paid into the consolidated fund, unless otherwise provided by an act of parliament. 151. composition of the national local government finance committee the members of the national local government finance committee shall be— one person who shall be nominated from time to time in that behalf by a caucus of local government authorities; the principal secretary for local government; one person who is a professionally qualified and practising accountant appointed by the public appointments committee on the recommendation of the minister responsible for local government; the chairperson of the civil service commission or such member of that commission as shall be nominated by the chairperson from time to time in that behalf; one person who shall be nominated from time to time in that behalf by the electoral commission; and the principal secretary responsible for finance or his or her senior representative. except for persons who are or become members of the local government finance committee under subsection (1) (b), (d), (e), or (f), the term of office of a member of the national local government finance committee shall expire— three years after the date that member was first appointed; or on removal by the president on the recommendation of the public appointments committee, but no member shall be recommended for removal under this paragraph unless the public appointments committee is satisfied that he or she is— not competent to exercise the duties of that office; compromised to the extent that his or her financial probity is in serious question; or otherwise incapacitated. for the purposes of subsection (1) (a), the minister responsible for local government shall convene a caucus of local government authorities within thirty days of the election of those authorities. chapter xv. the police 152. the malawi police service there shall be a malawi police service which shall be constituted by an act of parliament that shall specify the various divisions and functions of the malawi police service. 153. powers and functions of the police the malawi police service shall be an independent organ of the executive which shall be there to provide for the protection of public safety and the rights of persons in malawi according to the prescriptions of this constitution and any other law. the malawi police service shall enjoy only such powers as are necessary for the protection of rights under this constitution and the maintenance of public safety and public order in accordance with the prescriptions of this constitution and the law. in the exercise of their functions, members of the malawi police service shall be subject to the direction of the courts and shall be bound by the orders of such courts. political responsibility for the malawi police service shall vest in a minister of the government who shall ensure that the discipline and conduct of the malawi police service accords with the prescriptions of this constitution and any other law. 154. the inspector general of police there shall be an inspector general of police who shall be the head of the malawi police service whose office shall be a public office and shall be accountable to the minister responsible for the police. the inspector general of police shall be appointed by the president and confirmed by the national assembly by a majority of the members present and voting, but the public appointments committee may at any time inquire as to the competence of the person so appointed to carry out the duties of that office and as to such other questions as may have direct bearing on the performance of the duties of that office. the office of the inspector general of police shall become vacant after the person holding that office has served for five years, but the person holding that office may be nominated for such further terms, not exceeding five years, as the president may deem appropriate. a person holding the office of inspector general of police shall be subject to removal by the president only by reason of that person being— incompetent in the exercise of his or her duties; compromised in the exercise of his or her duties to the extent that his or her capacity to exercise his or her powers impartially is in serious question; otherwise incapacitated; and over the age prescribed for retirement. in the exercise of the duties and powers vested in the office of the inspector general of police by this constitution or any other law, the person holding that office shall not be subject to the direction or control of any other person or authority, other than as prescribed in this constitution or an act of parliament. the inspector general of police may delegate such powers as are conferred on him or her by this constitution or by an act of parliament to such other persons or authorities, being part of the malawi police service, as he or she may consider appropriate. with respect to any powers under this section, the inspector general of police shall notify the police service commission of any delegation and the police service commission may prescribe any regulations it considers appropriate in relation to the manner and form of reports that the person exercising that power shall make and shall specify such restrictions as may be required to ensure the proper exercise of the powers delegated under this section in accordance with the law. 155. the police service commission there shall be a police service commission with such powers and functions as are conferred upon it by this constitution or an act of parliament. subject to this constitution, power to appoint persons to hold or act in offices in the malawi police service other than that of inspector general of police, including the power to confirm appointments, and to remove such persons from office shall vest in the police service commission. the police service commission shall, subject to this constitution and any general directions of an act of parliament, exercise disciplinary control over persons holding or acting in any office to which this section applies. 156. power to delegate the police service commission may, subject to such conditions as may be laid down by an act of parliament, delegate powers conferred by this constitution or an act of parliament by directions in writing to any member of the commission or to any public officer or public body. where any person or body may from time to time exercise powers under this section on behalf of the police service commission in accordance with subsection (1), the police service commission shall— require that person or body to furnish reports in such manner or form as the commission may prescribe in the directions which delegated those powers; and hear such complaints or appeals from persons with sufficient interest relating to the exercise of powers delegated under this section and shall have the authority to— quash the decision of a person or body exercising such powers; exercise such disciplinary powers in relation to such person or body, subject to the conditions laid down by an act of parliament; and revoke directions delegating powers to any person or body: provided that nothing in this section shall prejudice the right of any person who is the subject of a decision made by or on behalf of the police service commission to appeal to the high court or the right of any person with sufficient interest in such a decision to petition the high court for judicial review of that decision. 157. composition the police service commission shall consist of the following members— such justice of appeal or judge as may for the time being be nominated in that behalf by the judicial service commission and who shall be the chairman of the police service commission; such member of the civil service commission as may for the time being be nominated in that behalf by the civil service commission; the inspector general of police or such senior officer in the malawi police service as the inspector general may for the time being nominate in that behalf; the ombudsman; and such legal practitioner as may for the time being be nominated in that behalf by the president and confirmed by the public appointments committee. any three members of the police service commission shall form a quorum. a person shall not be qualified for appointment as a member of the police service commission if he or she is president, vice-president, a minister or deputy minister, a member of parliament or, save as provided in subsection (1) (c), a police officer. subject to this section, the office of a member of the police service commission shall become vacant— at the expiration of three years from the date of that person’s appointment, unless reappointed to a new three year term: provided that this paragraph shall not apply where the member in question still holds the office of inspector general of police or of ombudsman, or other office in which behalf that person was appointed to the police service commission; or if any circumstances arise that, if that person were not a member of the police service commission, would cause that person to be disqualified from appointment as such. 158. political independence of the malawi police service members of the malawi police service shall ensure that they exercise their functions, powers and duties as impartial servants of the general public and the government of the day. no member of the malawi police service shall be permitted to participate directly in political activities: provided that— any member of the malawi police service of malawi shall have the right to resign in order to participate directly in political activities; nothing in this section shall be deemed to prejudice any member of the malawi police service having the absolute right to vote in accordance with this constitution; and nothing in this subsection shall prejudice the right of any member of the malawi police service to hold office in or be a member of any association, group or professional body, the purposes of which are principally to represent their members interests in relation to the terms and conditions of employment or the general carrying on of any profession or trade or the promotion of any interest, not pertaining directly to the promotion of a political party, campaign or philosophy or otherwise inconsistent with the functions of the malawi police service. no government or political party shall cause any member of the malawi police service acting in that behalf to exercise functions, powers or duties for the purposes of promoting or undermining the interests or affairs of any political party or individual member of that party, nor shall any member of the malawi police service, acting in that behalf, promote or under-mine any party or individual member of that party. no government or political party shall cause any member of the malawi police service, acting in that behalf, to deploy resources, whether they be financial, material or human resources, for the purposes of promoting or undermining any political party or member of a political party or interest group, nor shall any member of the malawi police service, acting in that behalf, cause such deployment: provided that nothing in this section shall be construed as derogating from the duty of the police to uphold the rights and afford protection to all political parties, persons and organizations equally, without fear or favour, in accordance with this constitution and subject to any law. any member of the malawi police service who contravenes this section shall be subject to such disciplinary measures as the police service commission considers appropriate, taking into account the gravity and circumstances of the contravention, subject to such regulations as may be prescribed by an act of parliament. where the police service commission is satisfied that a government or political party or member of a political party has acted in contravention of subsection (3) or subsection (4), the police service commission may initiate proceedings before the high court for punitive damages and, in the case of a contravention of subsection (4), for the recovery of such resources or sums equivalent to the benefit of the enjoyment of those resources from the government, or political party or member of a political party who has so benefitted, as the case may be. chapter xvi. the defence force 159. the defence force of malawi there shall be the defence force of malawi which shall be the only military force constituted in malawi and which shall be regulated in accordance with this constitution and any other written law. 160. constitutional position of the defence force of malawi the defence force of malawi shall operate at all times under the direction of those civil authorities in whom this constitution vests such power, and shall— uphold the sovereignty and territorial integrity of the republic and guard against threats to the safety of its citizens by force of arms; uphold and protect the constitutional order in the republic and assist the civil authorities in the proper exercise of their functions under this constitution; provide technical expertise and resources to assist the civilian authorities in the maintenance of essential services in times of emergency; and perform such other duties outside the territory of malawi as may be required of them by any treaty entered into by malawi in accordance with the prescriptions of international law, but no part of the defence force of malawi shall be employed outside the territory of the republic for more than ninety days without the approval of the national assembly. no person or authority may direct or deploy the defence orce of malawi to act in contravention of this constitution. 161. responsibility for the defence force of malawi the ultimate responsibility for the defence force of malawi shall vest in the president as commander-in-chief. there shall be a commander of the defence force of malawi who shall be appointed by the president. the commander of the defence force of malawi shall, in the day to day management of the defence force, be accountable to the minister responsible for defence in whom shall vest political responsibility for the defence force of malawi. any power conferred on the president by virtue of this chapter shall only be exercised on the recommendation of defence council which shall be constituted under an act of parliament and which shall include the minister responsible for defence and the high command of the defence force of malawi and which shall have— the power to determine the operational use of the defence force of malawi; the power to appoint and remove from office senior officers and other members of the defence force of malawi; and such other powers and duties as may be prescribed by an act of parliament. all powers conferred by subsection (4) shall be exercised subject to the scrutiny of a defence and security committee of the national assembly established by section 162. the defence council may, by directions in writing and subject to such conditions as may be laid down by an act of parliament or as are adopted by the national assembly on the recommendation of the defence and security committee of the national assembly, delegate to any member of the defence force of malawi any of the powers conferred on the defence council by an act of parliament. where it is necessary to deploy any part of the defence force of malawi to counter a threat to malawi or to any of its allies, the president shall declare a state of national defence and shall inform the national assembly promptly and in appropriate detail. if a declaration of a state of national defence made under subsection (7) is not approved by the national assembly within seven days after the declaration, the state of national defence shall lapse immediately after fourteen days. where the national assembly is not sitting at the time of the declaration of a state of national defence, the president shall summon an extraordinary meeting of the national assembly within seven days to inform the national assembly of the declaration. 162. the defence and security committee of the national assembly there shall be a defence and security committee of the national assembly which shall represent proportionally the political parties having seats in the national assembly, and shall have such powers and functions as may be conferred upon it by this constitution and an act of parliament. the defence and security committee may be assembled at any time, notwithstanding that parliament stands adjourned and, where parliament stands dissolved, shall continue to be constituted until such time as a new session of parliament begins and a new defence and security committee is appointed but no member shall otherwise hold office for more than one year. chapter xvii. prisons 163. the malawi prisons service there shall be the malawi prisons service which shall consist of all penal institutions, labour camps, special and secure schools and other institutions that are used to house, detain and rehabilitate persons sentenced to imprisonment in whatever form such imprisonment may take, but shall not include holding cells in police stations. 164. the chief commissioner for prisons there shall be a chief commissioner for prisons who shall be responsible for the malawi prisons service and whose office shall be a public office with such powers, functions and duties as are conferred on it by this constitution and an act of parliament. the principal responsibilities of the chief commissioner for prisons shall be to ensure the proper and efficient administration of the penal institutions that comprise the malawi prisons service, subject to and in accordance with— the protection of rights and other provisions of this constitution or any other law; the recommendations of the prisons service commission and the inspectorate of prisons in accordance with an act of parliament; and the directions of the courts in relation to persons convicted by the courts to a sentence of incarceration or penal servitude within a penal institution, or incarcerated by the courts pending execution of the sentence of the courts, or awaiting sentence by the courts or otherwise on remand to the custody of the prisons service or being held on behalf of the malawi police service in connexion with any law. save as provided in this section, in the exercise of the duties and powers vested in the office of the chief commissioner for prisons by this constitution or any other law, the person holding that office shall not be subject to the direction or control of any other person or authority, other than as prescribed in this constitution and an act of parliament. 165. power to delegate the chief commissioner for prisons may delegate the powers conferred on him or her by this constitution or an act of parliament to such persons or authorities, being part of the malawi prisons service, as he or she considers appropriate. with respect to the delegation of powers in subsection (1)— the chief commissioner for prisons shall notify the prisons service commission and the inspectorate of prisons of any such delegation; and the prisons service commission or, as the case may be, the inspectorate of prisons may— prescribe any regulations it considers appropriate in relation to the manner and form of reports that the person or authority exercising that power shall make; and shall prescribe such restrictions as may be required to ensure the proper exercise of powers delegated under this section. 166. appointment of the chief commissioner for prisons the chief commissioner for prisons shall be appointed by the president, but the public appointments committee may at any time inquire as to the competence of the person so appointed to carry out the duties of that office and as to such other questions as may have direct bearing on the performance of the duties of that office. the office of the chief commissioner for prisons shall become vacant after the person holding that office has served for five years, provided that the person holding that office may be appointed for such further term, not exceeding five years, as the president considers appropriate. a person holding the office of chief commissioner for prisons shall be subject to removal by the president only by reason of that person being— incompetent in the exercise of his or her duties; compromised in the exercise of his or her duties to the extent that his or her capacity to impartially exercise the duties of that office is in serious question; otherwise incapacitated; or over the age prescribed for retirement. 167. the prisons service commission there shall be a prisons service commission with the powers and functions conferred on it by this constitution and by an act of parliament. the prisons service commission shall have the power to appoint persons to hold or act in offices in the prisons service of malawi, other than the chief commissioner for prisons, including the power to confirm appointments and to remove such persons from office. the prisons service commission shall, subject to this constitution and any act of parliament, exercise disciplinary control over persons holding or acting in any office to which this section applies. the prisons service commission may, subject to such conditions as may be laid down by an act of parliament, delegate powers under this section by directions in writing to any member of the commission or to any public officer or public body, being part of the malawi prisons service. where any person or body may, from time to time, exercise powers under this section on behalf of the prisons service commission, in accordance with subsection (4), the prisons service commission shall— require that person or body to furnish reports in such manner or form as the commission has specified in the directions by which it delegated those powers; hear such complaints or appeals from persons with sufficient interest relating to the exercise of powers under this section and shall have the authority to— quash the decision of a person or body exercising such powers; exercise such disciplinary powers with relation to such person or body, subject to the conditions laid down by an act of parliament; revoke directions delegating powers to any person or body: provided that nothing in this section shall prejudice the right of any person who is the subject of a decision made by or on behalf of the prisons service commission to appeal to the high court or the right of any person with sufficient interest in such a decision to petition the high court for judicial review of that decision. 168. composition of prisons service commission the prisons service commission shall consist of the following members— such justice of appeal or judge as may for the time being be nominated in that behalf by the judicial service commission, who shall be chairman; such member of the civil service commission as may for the time being be nominated in that behalf by the civil service commission; such legal practitioner as may for the time being be nominated by the president subject to confirmation by the public appointments committee; such person as may be nominated from time to time in that behalf by the inspectorate of prisons; and the chief commissioner for prisons or a person nominated by the chief commissioner of prisons from time to time in that behalf, being a senior member of the malawi prisons service. a person shall not be qualified for appointment as a member of the prisons service commission if he or she is president, vice-president, a minister or deputy minister, a member of parliament or, save as provided in subsection (1) (d) and (e), an officer in the malawi prisons service. subject to this section, the office of a member of the prisons service commission shall become vacant— at the expiration of three years from the date of that member’s appointment, unless the member is reappointed to a further term not exceeding three years; or if any circumstances arise that, if that member were not a member of the prisons service commission, would cause that member to be disqualified from appointment as such: provided that paragraph (a) shall not apply where the member in question still holds the office of chief commissioner for prisons, in which behalf that person was appointed to the prisons service commission. 169. the inspectorate of prisons there shall be an inspectorate of prisons which shall have such powers, functions and duties in relation to the malawi prisons service as are conferred on it by this constitution or an act of parliament. the inspectorate of prisons shall exercise its powers, functions and duties independent of any direction or interference by any other person or authority. the inspectorate of prisons shall— be charged with monitoring the conditions, administration and general functioning of penal institutions taking due account of applicable international standards; have such powers as shall be required for it to make investigations and shall have the power to require any person to answer questions relating to such subjects as are relevant to those investigations; have the power to visit any and all institutions within the malawi prisons service with or without notice and without let or hindrance; and exercise such other powers as may be prescribed by an act of parliament. the inspectorate of prisons shall cause to be laid before the national assembly such reports as the inspectorate of prisons may make and such reports shall be so laid through the minister responsible for prisons in the form of a motion for acceptance of the recommendations of the inspectorate of prisons. where the recommendations of the inspectorate of prisons require amendment to any law, the minister shall lay before parliament those recommendations in the form of a bill. the powers conferred on the inspectorate for prisons by this section shall also be exercisable by the inspectorate of prisons with respect to holding cells in police stations. 170. composition of the inspectorate of prisons the inspectorate of prisons shall consist of the following members— such justice of appeal or judge as shall from time to time be nominated in that behalf by the judicial service commission, who shall be chairman; the chief commissioner for prisons or such person as he or she may nominate in that behalf being a senior member of the malawi prisons service; such member of the prisons service commission, other than the chief commissioner for prisons, or other person nomination under section 168 (1) (e) as shall from time to time be nominated in that behalf by that commission; such magistrate as shall from time to time be nominated in that behalf by the judicial service commission; and the ombudsman. the inspectorate of prisons shall have power to co-opt persons as representatives of any local or international organizations having an office in malawi involved in the monitoring of human rights or more generally concerned with the welfare of offenders as may be approved by the membership of the inspectorate of prisons. for the purposes of exercising its powers of nomination under subsection (1) (c), the quorum of the prisons service commission shall consist of the majority of those in office at the time of the nomination. chapter xviii. finance 171. revenue no tax, rate, duty, levy or imposition shall be raised, levied or imposed by or for the purposes of the government or any local government authority otherwise than by or under the authority of the law. 172. the consolidated fund all revenues or other moneys raised or received for the purposes of the government shall, subject to this constitution and any act of parliament, be paid into and form one fund, to be known as the consolidated fund. 173. withdrawal of money from the consolidated fund no money shall be withdrawn from the consolidated fund except— to meet expenditure that is charged upon the fund by this constitution or by any act of parliament consistent with this constitution; or where the issue of those moneys has been authorized by an appropriation act, a supplementary appropriation act or by an act made in pursuance of subsection (5) of this section or of sections 178, 179, 180, 181 or 182 or by a resolution of the national assembly made in accordance with section 177: provided that this subsection shall not apply to any sums mentioned in section 183 (3). where any moneys are charged by this constitution or by any act of parliament upon the consolidated fund, they shall be paid out of that fund by the minister responsible for finance to the person or authority to whom the payment is due. no moneys shall be withdrawn from the consolidated fund except in the manner prescribed by the national assembly. the investment of moneys forming part of the consolidated fund by way of deposit with a bank or such other secure investment as may be approved by the national assembly shall not be regarded as a withdrawal of those moneys from the consolidated fund for the purposes of this constitution. notwithstanding subsection (1), provisions may be made by or under an act of parliament authorizing withdrawals to be made from the consolidated fund, in such circumstances and to such extent as may be prescribed by or under such act of parliament, for the purpose of making allowances to persons or authorities other than the government: provided that no moneys shall be advanced from the consolidated fund under this subsection save on condition that they are repayable by the person or authority to whom or on behalf of whom they are advanced. this section shall not apply with respect to— the proceeds of government loan raised for a specific purpose under an act of parliament; money or interest received by the government subject to a trust; advance drawings and repayments of those drawings, authorized by the national assembly; and such special funds under this constitution where it is specified that this section should not apply. 174. expenditure charged on the consolidateed fund there shall be charged on the consolidated fund in addition to any grant, remuneration or other moneys so charged by this constitution or any act consistent with this constitution— all debt charges for which the government is liable; all pensions, compensations for loss of office and gratuities for which the government is liable; any moneys required to satisfy any judgment, decision or award made or given against the government by any court or tribunal other than those provided for in the national compensation fund; and all moneys or debt charges charged before the appointed day upon the revenues or public funds of malawi. for the purposes of this section, “debt charges” includes interest, sinking fund charges, the repayment or amortization of debt, and all expenditure in connexion with the raising of loans on the security of the consolidated fund and the service and redemption of debt thereby created. 175. annual estimates the minister responsible for finance shall lay before the national assembly a statement of the estimated receipts and the expenditure of the government in respect of that financial year, other than the sums specified in subsection (3). the statement of estimates shall be laid before the national assembly in respect of every financial year and shall be so laid before the commencement of that financial year. where the national assembly does not propose to debate the estimates until after the commencement of the financial year to which they relate, the estimates of the revenue may be laid before the national assembly at any time before the commencement of such debate. the estimates of expenditure shall show separately— the total sums required to meet the expenditure charged on the consolidated fund; and the sums respectively required to meet the heads of other expenditure proposed to be met from the consolidated fund. the sums to be shown in the estimates of receipts and expenditure shall not include— sums representing the proceeds of any loan raised by the government for a specific purpose and appropriated for that purpose by the act authorizing the raising of the loan; sums representing any money or interest on money received by the government subject to a trust and to be held or applied in accordance with the terms of that trust; sums representing moneys authorized to be advanced from the consolidated fund under an act of parliament and repayments thereof; and sums representing moneys received for or to be applied from any special fund established and regulated by this constitution or by an act of parliament which provides that subsections (1) and (4) shall not apply to that fund. 176. appropriation bills when the estimates of expenditure to be met from the consolidated fund, but not charged thereon, have been approved by the national assembly, a bill, to be known as an appropriation bill, shall be introduced in the assembly providing for the issue from the consolidated fund of the sums necessary to meet that expenditure and the appropriation of those sums, under separate votes for the several heads of expenditure approved, to the purposes specified in the bill. 177. supplementary appropriations if in respect of any financial year it is found— that the amount appropriated by the appropriation act for any purpose is insufficient, or that a need has arisen for expenditure for a purpose for which no amount has been appropriated by the appropriation act; or that any moneys have been expended for any purpose in excess of the amount (if any) appropriated for that purpose by the appropriation act, a supplementary estimate showing the sums required or spent shall be laid before the national assembly and the heads of any such expenditure shall be included in a supplementary appropriation bill or in a motion or motions approving such expenditure. where any supplementary expenditure has been approved in a financial year by a resolution of the national assembly under subsection (1), a supplementary appropriation bill shall be introduced in the national assembly as soon as practicable after the commencement of the financial year next following, providing for the appropriation of the sums so approved. 178. authorization of expenditure in advance of appropriation the national assembly may make provision under which, if it appears to the minister responsible for finance that the appropriation act in respect of any financial year will not come into operation by the beginning of that financial year, he or she may authorize the withdrawal from the consolidated fund of moneys for the purpose of meeting expenditure necessary to carry on the services of the government until the expiration of four months from the beginning of that financial year or the coming into operation of the appropriation act, whichever is earlier: provided that provision for any moneys so withdrawn shall be included, under the appropriate heads, in the appropriation bill. 179. contingency fund the national assembly may make provision for the establishment of a contingencies fund and for authorizing the minister responsible for finance, if he or she is satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from that fund to meet that need. where any advance is made from the contingencies fund, a supplementary estimate shall, as soon as practicable, be presented to and voted by the national assembly and a supplementary appropriation bill or motion approving such expenditure in accordance with section 177 shall be introduced for the purpose of replacing the amount so advanced. 180. raising of loans by the government a loan may be raised by the government under the authority of an act of parliament and not otherwise. parliament may, in the act authorizing the raising of a loan or by any other act, appropriate the proceeds of the loan for specific purposes and authorize the payment of such proceeds out of the consolidated fund for such purposes. 181. special funds and trust moneys an act of parliament may, subject to section 182, make provision for the creation of special funds which shall be accounted within the accounts of the consolidated fund and for the regulation or management of the moneys accounted in such special funds. an act made in accordance with subsection (1) may provide that sections 175 (1) and 175 (4) shall not apply to any particular fund. parliament may make provisions regulating the manner in which moneys or investments held by the government subject to a trust are to be accounted for. 182. the development fund there shall be a special fund within the consolidated fund to be known as the development fund in which shall be accounted receipts and expenditure of the government relating to the development of the republic, which have not been included in the annual statement provided for in section 175, and estimates of such receipts and expenditure shall be submitted by the minister responsible for finance to the national assembly not less than once a year. when the estimates of expenditure to be met from the development fund have been approved by the national assembly, a bill to be known as appropriation (development fund) bill shall be introduced in the national assembly providing for the issue from the development fund and appropriation of the sums necessary to meet that expenditure. 183. the protected expenditure fund there shall be a special fund within the accounts of the consolidated fund, to be known as protected expenditure fund, upon which shall be charged certain protected expenditure. the minister responsible for finance shall, before the commencement of every financial year, make provision in the annual appropriation bill for the purpose of voting sums for the purposes of the fund under subsection (1) and such provision shall be passed without revision by the national assembly, save where it is insufficient to meet the expenditure to be charged for the purposes of the fund, in which case the national assembly may revise the bill so as to accommodate the expenditure to be charged. no money shall be withdrawn from the protected expenditures fund save in respect of the following classes of expenditure— the salaries, allowances and other benefits of the president and the first vice-president; the salaries, allowances and other employment benefits of the chief justice, justices of appeal and judges of the high court; the salary, allowances and other employment benefits of the ombudsman; and the expenditure incurred to convene parliament and to ensure the effective functioning of parliament, including its committees. 184. auditor general there shall be the office of the auditor general who shall audit and report on the public accounts of malawi, and shall exercise such other powers in relation to the public accounts and the accounts of public authorities and bodies as may be prescribed by an act of parliament, in so far as they are compatible with the principal duties of that office. the auditor general shall submit reports at least once a year to the national assembly, through the minister responsible for finance, not later than the first meeting of the national assembly after the completion of the report. appointment to the office of auditor general shall be made by the president and confirmed by the national assembly by a majority of the members present and voting but the public appointments committee may at any time inquire as to the competence of the person so appointed to perform the duties of that office and as to the financial probity of a person so appointed, so far as it is relevant to the duties of that office. the office of the auditor general shall become vacant after the person holding that office has served for five years, but the person holding that office may be nominated for such further term not exceeding five years, as the president deems appropriate. the office of the auditor general shall be a public office. a person holding the office of auditor general shall be subject to removal by the president only by reason of that person being— incompetent in the exercise of his or her duties; compromised in the exercise of his or her duties to the extent that his or her financial probity is in serious question; otherwise incapacitated; or over the retirement age. subject to subsection (6) in the exercise of the duties and powers vested in the office of the auditor general by this constitution or any other law, the person holding that office shall not be subject to the direction or control of any other person or authority. no person or authority may inhibit the auditor general in the conduct of his or her functions and duties. chapter xix. the reserve bank of malawi 185. the reserve bank of malawi there shall be established by an act of parliament a central bank of the republic, known as the reserve bank of malawi which shall serve as the state’s principal instrument for the control of money supply, currency and the institutions of finance and shall serve generally in accordance with the normal functions of a central bank. the bank shall be controlled by a board which shall consist of a chairperson and members of the board who shall, subject to this constitution, be appointed in accordance with the act of parliament by which the bank is established. chapter xx. civil service 186. the civil service commission there shall be a civil service commission which shall have the powers and functions conferred upon it by this constitution or any act of parliament and which shall consist of a chairperson, deputy chairperson and not less than six nor more than ten other members. 187. powers and functions of the civil service commission subject to this constitution, power to appoint persons to hold or act in offices in the civil service, including the power to confirm appointments, and to remove such persons from office shall vest in the civil service commission. the civil service commission shall, subject to this constitution and any act of parliament, exercise disciplinary control over persons holding or acting in any office to which this chapter applies. 188. delegation the civil service commission may, subject to such conditions as maybe laid down ban act of parliament, delegate powers under this section by directions in writing to any member of the commission or to any civil servant or public body. where any person or body may from time to time exercise powers under this section on behalf of the civil service commission, in accordance with subsection (1), the civil service commission shall— require that person or body to furnish reports in such manner or form as specified in the directions by which the commission delegated those powers; hear such complaints or appeals from persons with sufficient interest relating to the exercise of powers under this section and shall have the authority to— quash the decision of a person or body exercising such powers; exercise such disciplinary powers in relation to such person or body, subject to the conditions laid down by an act of parliament; revoke directions delegating powers to any person or body: provided that nothing in this section shall prejudice the right of any person who is the subject of a decision made by or on behalf of the civil service commission to appeal to the high court or the right of any person with sufficient interest in such a decision to petition the high court for judicial review of that decision. 189. offices to which this chapter does not apply this chapter shall not apply where this constitution has otherwise provided for the appointment or removal of a civil servant or other public appointee, or to appointments that are regulated by the judicial service commission, the police service commission, the prisons service commission, by provisions relating to appointments in the defence force of malawi nor shall it apply to the following offices— the chief justice, the attorney general and director of public prosecutions; such personal staff of the president as he or she shall determine subject to approval of the public appointments committee or as an act of parliament may allow; the secretary to the cabinet; ambassadors, high commissioners and other principal diplomatic staff, within the meaning of section 190; the high command of the defence force; the inspector general of police; the chief commissioner of prisons; the office of a principal secretary; such other public office of sufficient seniority as may be prescribed by an act of parliament. unless otherwise provided by this constitution or by an act of parliament, the power to appoint persons to the public offices specified in paragraphs (a) to (i) of subsection (1) shall vest in the president. in any case where the civil service commission, the president or any other authority has the power of appointment of the clerk or the clerk-assistant to the national assembly, before exercising that power, the commission, the president or any such other authority shall consult the speaker of the national assembly. 190. the appointment of diplomatic staff ambassadors, high commissioners and such other principal diplomatic staff as shall be determined by an act of parliament shall be appointed by the president, subject to confirmation by the public appointments committee which may require persons so appointed to answer questions as to their competence and financial probity. 191. appointment of members of the civil service commission the members of the civil service commission shall be appointed by the president, subject to satisfying the public service appointments committee as to the competence of persons so appointed to perform their duties as members of the civil service commission. a person shall not be qualified for appointment as a member of the civil service commission if that person is president, vice-president, a minister or deputy minister, a member of parliament or a serving civil servant. subject to this section, the office of a member of the civil service commission shall become vacant— at the expiration of five years from the date of the appointment of that person, unless the person is reappointed to a new term not exceeding five years; or if any circumstances arise that, if he or she were not a member of the commission, would cause that person to be disqualified for appointment as such. a member of the civil service commission may be removed from office by the president subject to the public appointments committee being satisfied that the member is not competent to discharge his or her duties: provided that nothing in this subsection shall prejudice the right of a member of the civil service commission who is removed to appeal to the high court against the decision to remove him or her. 192. vacancy if the office of chairperson of the civil service commission is vacant or the chairperson is for any reason unable to perform the functions of his or her office, then those functions shall be performed by the deputy chairperson until that vacancy is filled or the chairperson is able to resume his or her duties. if both the chairperson and the deputy chairperson are unable to perform their functions, then another of the members of the commission as may be designated in that behalf by the remaining members of the commission shall perform the functions of the chairperson. if at any time there are less than seven members of the civil service commission and the public appointments committee is not able to sit, either because of parliament being dissolved or some other reason, the president may appoint such persons as qualified for appointment to the commission and are required to act as members of the commission: provided that the appointment of a person to act as a member of the civil service commission in accordance with this subsection shall lapse on his or her appointment as a full member of the commission in accordance with section 191 (1), or until the office in which he or she is acting is filled after the public appointments committee has resumed sitting. 193. independence of the civil service members of the civil service shall ensure that the exercise of participation in political activities does not compromise their independent exercise of their functions, powers and duties as impartial servants of the general public. the national assembly may prescribe a category of civil servants, who by reason of their seniority shall not be able to directly participate in political activities: provided that— the civil servants so restricted shall have the right to resign in order to participate directly in political activities; nothing in this section shall be deemed to prejudice any civil servant having the absolute right to vote in accordance with this constitution; without prejudice to subsection (1) any civil servant whose functions are not directly concerned with the formulation and administration of the policies of the government shall be exempt from restrictions under this section; and nothing in this section shall prejudice the right of any civil servant to hold office in, or be a member of, any association, group or professional body, the purposes of which are principally to represent their member’s interests in relation to the terms and conditions of employment or the general carrying on of any profession or trade or the promotion of any interest, not pertaining directly to the promotion of a political party, or its campaign or philosophy. no government or political party shall cause any civil servant acting in that behalf to exercise functions, powers or duties for the purposes of promoting or undermining the interest or affairs of any political party or individual member of that party, nor shall any civil servant acting in that behalf promote or undermine any political party or member of that party, save as is consistent with the provisions in this section. no government or political party shall cause any civil servant, acting in that behalf to deploy resources, whether they be financial, material or human resources, for the purposes of promoting or undermining any political party or member of a political party or interest group, nor shall any civil servant acting in that behalf cause such deployment, save as prescribed by this constitution or an act of parliament consistent with the provisions of subsection (1). any civil servant who contravenes this section shall be subject to such disciplinary measures as the civil service commission considers appropriate, taking into account the gravity and circumstances of the contravention, subject to such regulations as may be prescribed by an act of parliament. where the civil service commission is satisfied that a government or political party or member of a political party has acted in contravention of subsection (3) or subsection (4), the civil service commission may initiate proceedings before the high court for punitive damages and, in the case of a contravention of subsection (4), the recovery of such resources or sums equivalent to the benefit of the enjoyment of those resources from the government or political party or member of a political party who has so benefitted, as the case may be. 194. chairing of boards, commissions, etc where a law confers power to appoint a board, commission, council, committee or similar body and to appoint, elect or designate the chairperson thereof, no person shall be appointed, elected or designated as chairperson of more than one such board, commission, council, committee or similar body. chapter xxi. amendment of this constitution 195. power to amend parliament may amend this constitution in accordance with this chapter. 196. restrictions on amendments subject to this section, parliament may amend this chapter and the sections of this constitution listed in the schedule only if— the provision to be amended and the proposed amendment to it have been put to a referendum of the people of malawi and the majority of those voting have voted for the amendment; and the electoral commission has so certified to the speaker of the national assembly. the parliament may pass a bill proposing an amendment to which the conditions set out in subsection (1) have been satisfied by a simple majority. notwithstanding subsection (1), parliament may pass a bill containing an amendment to the provisions referred to in that subsection without a referendum where— the amendment would not affect the substance or the effect of the constitution; the speaker has so certified; and the bill is supported by a majority of at least two-thirds of the total number of members of the national assembly entitled to vote. 197. amendments by parliament subject to section 196, parliament may amend those chapters and sections of this constitution not listed in the schedule only if the bill proposing the amendment is supported by at least two-thirds of the total number of members of the national assembly entitled to vote. chapter xxii. transitional issues 198. republic, etc., to be constituted in accordance with this constitution the republic of malawi the organs of state and the offices referred to in this constitution shall be defined and constituted in accordance with this constitution. 199. status of this constitution this constitution shall have the status as supreme law and there shall be no legal or political authority save as is provided by or under this constitution. 200. saving of laws in force except in so far as they are inconsistent with this constitution, all acts of parliament, common law and customary law in force on the appointed day shall continue to have force of law, as if they had been made in accordance with and in pursuance of this constitution: provided that any laws currently in force may be amended or repealed by an act of parliament or be declared unconstitutional by a competent court. 201. elections to the national assembly for the purposes of this constitution the first national assembly after the date of commencement of this constitution shall be composed of those persons successfully elected to the national assembly in accordance with the act of parliament then in force for the election of members of the national assembly. 202. election to the office of president for the purposes of this constitution the first president after the date of commencement of this constitution shall be the person successfully elected in accordance with the act of parliament then in force for the election of a person to the office of president. 203. saving of judicial power the high court shall have the same jurisdiction, powers and procedures as before the commencement of this constitution, subject to amendment or repeal of such powers by an act of parliament in accordance with this constitution. 204. pending legal actions all legal actions which, at the commencement of this constitution, are pending or being undertaken before any court other than before the supreme court of appeal, the high court, a magistrate court, a district traditional appeal court, district traditional court, a grade a traditional court, or a grade b traditional court shall be commenced or continued before the high court of malawi or before such magistrate’s court or district traditional appeal court or district traditional court or grade a traditional court or grade b traditional court as the registrar of the high court shall direct. all legal actions which, at the commencement of this constitution, are pending or being undertaken before any magistrate court shall be commenced or continued before that court which shall have the same jurisdiction, powers and procedures as before the commencement of this constitution subject to amendment or repeal of such powers by an act of parliament. all legal actions which, at the commencement of this constitution, are pending or being undertaken before a district traditional appeal court, a district traditional court, a grade a traditional court or a grade b traditional court before the commencement of this constitution shall be commenced or continued before that court which shall have the same jurisdiction, powers and procedures as before the commencement of this constitution subject to amendment or repeal of such powers by an act of parliament. appeals against the decisions of a district traditional appeal court or a district traditional court shall lie to the high court which, in hearing such appeals, may sit with assessors appointed in accordance with an act of parliament. 205. judgments and sentences pending execution all judgments or sentences pending execution shall be executed as if such judgments or sentences were ordered in accordance with this constitution: provided that where the constitution provides new grounds for appeal, any such appeal shall act as a stay of execution and the appeal shall be to the high court. 206. existing appointments subject to the provisions of this constitution, any person holding office under any law in force on the date of the commencement of this constitution shall continue to hold such office until such time as— that person is confirmed in that post, and such person shall be deemed to have been confirmed in that post after the end of one year from the appointed day. that person is replaced by another person appointed or elected to that post in accordance with this constitution; or that person resigns or retires or is removed in accordance with this constitution: provided that where this constitution has created an office with a different designation, but an equivalent function is exercised by an office existing at the time of the date of the commencement of this constitution, a person occupying that office shall, from the date of commencement of this constitution, have such powers, functions and designation as is prescribed for the equivalent office created by this constitution. for the purposes of section 52 and section 81(1), and only for that purpose, the person who at the commencement of this constitution is holding the office of chief justice shall be deemed to be appointed under this constitution as chief justice. 207. vesting of lands, etc., in the republic subject to the provisions of this constitution, all lands and territories of malawi are vested in the republic. 208. savings of rights of government in property the government shall have title to all rights in property which are vested in the government of malawi on the date of the commencement of this constitution save as otherwise provided by section 209 (2) and provided that the disposal of rights in property where title is vested in the government shall be made in accordance with an act of parliament. 209. continuation of rights of persons in property all persons who have rights in property at the date of the commencement of this constitution shall continue to have such rights under this constitution and any other law. this section shall not apply in respect of rights in property that have been acquired or vested by or on behalf of the government where that property was acquired or vested at any time since 6th july, 1964, and where that right in property was obtained from citizens or permanent residents of malawi— unlawfully according to the laws then in force in malawi; by virtue of any law not being a penal law passed during that time that did not provide for adequate compensation; or through abandonment by reason of duress of circumstances. for the purposes of this section “government” shall mean the president, the cabinet, the ministries, other organs of the president and cabinet and their agents, including individuals and bodies under the authority of the president, the cabinet or the ministries. rights in property which are not recognized by virtue of this section shall be vested in the national compensation fund and shall be disposed of in accordance with the principles, procedures and rules of the national compensation tribunal. persons occupying or using property vested in the national compensation fund shall continue to occupy and use that property, as if they retained full legal and equitable title until such time as the national compensation tribunal otherwise orders. [repealed by act no. 4 of 2001] 211. international law any international agreement entered into after the commencement of this constitution shall form part of the law of the republic if so provided by an act of parliament. binding international agreements entered into before the commencement of this constitution shall continue to bind the republic unless otherwise provided by an act of parliament. customary international law, unless inconsistent with this constitution or an act of parliament, shall form part of the law of the republic. chapter xxiii. miscellaneous 212. coming into force of this constitution this constitution shall provisionally come into force on 18th may, 1994, being the appointed day, and shall provisionally apply as the constitution of the republic of malawi for a period of not less and not more than twelve months from that date (in this section referred to as the “period of provisional application”). during the period of provisional application parliament may amend or repeal this constitution in accordance with this section subject only to section 196. within fourteen days of the first sitting of parliament after the appointed day, parliament shall appoint a committee to be known as the constitution committee which shall consist of the speaker of the national assembly as chairman of the committee and ten other members of parliament appointed by the national assembly. the function of the constitution committee shall be to— organize national education and consultation on this constitution; organize a national conference fully representative of malawian society; invite, receive and consider proposals from the citizens of malawi for the amendment or for the repeal and replacement of this constitution; allow citizens of malawi in accordance with its own procedure to make written submissions to, or to be heard in person by, the committee; compile reports of the proposals received and circulate such reports as widely as possible; lay the reports before parliament for such period not being less than thirty days before taking action under paragraph (g) as would be reasonably sufficient for responses to be received; and to prepare a bill or bills for the amendment of this constitution or, as provided in subsection (5), a bill for the repeal and replacement of this constitution and every such bill shall be a separate bill of its own, entitled a bill to amend the constitution or, as the case may be, a bill to repeal and replace the constitution, and to present such bill or bills to parliament on its own motion. on the basis of the extensiveness of the proposals for amendments to this constitution, parliament may repeal and replace this constitution during the period of provisional application, but no such repeal shall be made before, or in contradiction to the resolution of, the national conference referred to under section (4) (b). within thirty days before the expiry of the period of provisional application, parliament shall pass an act by which this constitution (with the amendments, if any, made to it under this section) or another constitution replacing this constitution shall be brought definitively into force on the expiry of the provisional period of application. a bill under this section to amend or to repeal and replace this constitution shall be passed only if supported by not less than a two-thirds majority of all the members of the national assembly. unless this constitution is being repealed and replaced, this section shall not be amended but shall lapse on the expiry of the period of provisional application, save only to the extent necessary to bring this constitution definitively into force in the circumstances of subsection (9). if parliament defaults to act in terms of subsection (6) this constitution shall be deemed to have definitively come into force on the expiry of the period of provisional application. 213. disclosure of assets by holders of certain offices in addition to the president and members of the cabinet as provided by section 88 (3), the holders of the following offices, that is to say— a member of the national assembly; a public officer of such senior grade or position as shall be specified under subsection (2); an officer of such senior grade or position as shall be specified under subsection (2), of— a corporation, board, commission, council, or similar body established by or under an act of parliament; any other body, corporate or unincorporate which in accordance with any act of parliament is subject to the same statutory procedures for financial control and accountability as apply in common to a body referred to in subparagraph (i), shall, within three months from the date of his or her election, nomination or appointment, as the case may be, fully disclose all of his or her assets, liabilities and business interests and those of his or her spouse held by him or her or on his or her behalf as at that date; and, unless parliament otherwise prescribes by an act of parliament, such disclosure shall be made in a written document delivered to the speaker of the national assembly who shall immediately upon receipt deposit the document with such public office as may be specified in the standing orders of parliament. for the purpose of paragraphs (c) and (d) of subsection (1), the national assembly shall specify the grades and positions of the officers required to disclose assets in accordance with that subsection, and shall do so by resolution passed by the majority of the members present and voting and which shall be published in the gazette. notwithstanding subsection (1), in the case of those persons who, at the commencement of this section, hold the offices to which this section applies, the period within which they shall comply with subsection (1) shall be a period of three months— from the commencement of this section, in the case of members of the national assembly; from the date of the publication of the resolution under subsection (2), in the case of others. there shall be a committee of parliament appointed by the national assembly which shall have the function of monitoring the compliance with the requirement on the disclosure of assets under section 88 (3) and under this section and the committee shall have all the powers necessary to perform its function. 214. short title of this constitution this constitution of the republic of malawi may be cited as the constitution. 215. definition in this constitution, unless the context otherwise requires— “appointed day” means 18th may, 1994, being the date on which this constitution shall come into operation; “age prescribed for retirement” is such age as may be prescribed in an act of parliament for the retirement of a person holding public office. schedule the sections of this constitution listed in this schedule and the entirety of the schedule shall not be amended except in accordance with section 196. section chapter i the republic of malawi 1. malawi a sovereign state 2. national flag, etc. 3. national territory 4. protection of the people of malawi under this constitution 5. supremacy of this constitution 6. universal and equal suffrage 7. the separate status, function and duty of the executive 8. the separate status, function and duty of the legislature 9. the separate status, function and duty of the judiciary chapter ii application and interpretation 10. application of this constitution 11. interpretation chapter iii fundamental principles section 12. constitutional principles 13. principles of national policy chapter iv human rights 15. protection of human rights and freedoms 16. the right to life 17. genocide 18. liberty 19. human dignity and personal freedoms 20. equality 21. privacy 22. family and marriage 23. rights of children 24. rights of women 25. education 26. culture and language 27. slavery, servitude and forced labour 28. property 29. economic activity 30. the right to development 31. labour 32. freedom of association 33. freedom of conscience 34. freedom of opinion 35. freedom of expression 36. freedom of the press 37. access to information 38. freedom of assembly 39. freedom of movement and residence 40. political rights 41. access to justice and legal remedies 42. arrest, detention and fair trial 43. administrative justice 44. limitations on rights 45. derogation and public emergency 46. enforcement chapter v citizenship 47. citizenship chapter vii elections 77. the franchise chapter ix the judicature 103. the independence and jurisdiction of the courts and the judiciary 111. appointment of the judiciary 114. remuneration 119. tenure of judges preamble whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is indispensable for freedom, justice and peace; whereas the said rights include the right of the individual to life, liberty and the pursuit of happiness, regardless of race, colour, ethnic origin, sex, religion, creed or social or economic status; whereas the said rights are most effectively maintained and protected in a democratic society, where the government is responsible to freely elected representatives of the people, operating under a sovereign constitution and a free and independent judiciary; whereas these rights have for so long been denied to the people of namibia by colonialism, racism and apartheid; whereas we the people of namibia-have finally emerged victorious in our struggle against colonialism, racism and apartheid; are determined to adopt a constitution which expresses for ourselves and our children our resolve to cherish and to protect the gains of our long struggle; desire to promote amongst all of us the dignity of the individual and the unity and integrity of the namibian nation among and in association with the nations of the world; will strive to achieve national reconciliation and to foster peace, unity and a common loyalty to a single state; committed to these principles, have resolved to constitute the republic of namibia as a sovereign, secular, democratic and unitary state securing to all our citizens justice, liberty, equality and fraternity, now therefore, we the people of namibia accept and adopt this constitution as the fundamental law of our sovereign and independent republic. chapter 1. the republic article 1. establishment of the republic of namibia and identification of its territory the republic of namibia is hereby established as a sovereign, secular, democratic and unitary state founded upon the principles of democracy, the rule of law and justice for all. all power shall vest in the people of namibia who shall exercise their sovereignty through the democratic institutions of the state. the main organs of the state shall be the executive, the legislature and the judiciary. the national territory of namibia shall consist of the whole of the territory recognised by the international community through the organs of the united nations as namibia, including the enclave, harbour and port of walvis bay, as well as the off-shore islands of namibia, and its southern boundary shall extend to the middle of the orange river. windhoek shall be the seat of central government. this constitution shall be the supreme law of namibia. article 2. national symbols namibia shall have a national flag, the description of which is set out in schedule 6 hereof. namibia shall have a national coat of arms, a national anthem and a national seal to be determined by act of parliament, which shall require a two-thirds majority of all the members of the national assembly for adoption and amendment. 3 the national seal of the republic of namibia shall show the coat of arms circumscribed with the word "namibia" and the motto of the country, which shall be determined by act of parliament as aforesaid. the national seal shall be in the custody of the president or such person whom the president may designate for such purpose and shall be used on such official documents as the president may determine. article 3. language the official language of namibia shall be english. nothing contained in this constitution shall prohibit the use of any other language as a medium of instruction in private schools or in schools financed or subsidised by the state, subject to compliance with such requirements as may be imposed by law, to ensure proficiency in the official language, or for pedagogic reasons. nothing contained in sub-article (1) hereof shall preclude legislation by parliament which permits the use of a language other than english for legislative, administrative and judicial purposes in regions or areas where such other language or languages are spoken by a substantial component of the population. chapter 2. citizenship article 4. acquisition and loss of citizenship the following persons shall be citizens of namibia by birth: those born in namibia before the date of independence whose fathers or mothers would have been namibian citizens at the time of the birth of such persons, if this constitution had been in force at that time; and those born in namibia before the date of independence, who are not namibian citizens under sub-article (a) hereof, and whose fathers or mothers were ordinarily resident in namibia at the time of the birth of such persons: provided that their fathers or mothers were not then persons: who were enjoying diplomatic immunity in namibia under any law relating to diplomatic privileges; or who were career representatives of another country; or who were members of any police, military or security unit seconded for service within namibia by the government of another country: provided further that this sub-article shall not apply to persons claiming citizenship of namibia by birth if such persons were ordinarily resident in namibia at the date of independence and had been so resident for a continuous period of not less than five (5) years prior to such date, or if the fathers or mothers of such persons claiming citizenship were ordinarily resident in namibia at the date of the birth of such persons and had been so resident for a continuous period of not less than five (5) years prior to such date; those born in namibia after the date of independence whose fathers or mothers are namibian citizens at the time of the birth of such persons; those born in namibia after the date of independence who do not qualify for citizenship under sub-article (c) hereof, and whose fathers or mothers are ordinarily resident in namibia at the time of the birth of such persons: provided that their fathers or mothers are not then persons: enjoying diplomatic immunity in namibia under any law relating to diplomatic privileges; or who are career representatives of another country; or who are members of any police, military or security unit seconded for service within namibia by the government of another country; or who are illegal immigrants: provided further that sub-articles (aa), (bb), (cc) and (dd) hereof will not apply to children who would otherwise be stateless. the following persons shall be citizens of namibia by descent: those who are not namibian citizens under sub-article (1) hereof and whose fathers or mothers at the time of the birth of such persons are citizens of namibia or whose fathers or mothers would have qualified for namibian citizenship by birth under sub-article (1) hereof, if this constitution had been in force at that time; and who comply with such requirements as to registration of citizenship as may be required by act of parliament: provided that nothing in this constitution shall preclude parliament from enacting legislation which requires the birth of such persons born after the date of independence to be registered within a specific time either in namibia or at an embassy, consulate or office of a trade representative of the government of namibia. the following persons shall be citizens of namibia by marriage: those who are not namibian citizens under sub-article (1) or (2) hereof and who: in good faith marry a namibian citizen or, prior to the coming into force of this constitution, in good faith married a person who would have qualified for namibian citizenship if this constitution had been in force; and subsequent to such marriage have ordinarily resided in namibia as the spouse of such person for a period of not less than ten (10) years; and apply to become citizens of namibia; for the purposes of this sub-article (and without derogating from any effect that it may have for any other purposes) a marriage by customary law shall be deemed to be a marriage: provided that nothing in this constitution shall preclude parliament from enacting legislation which defines the requirements which need to be satisfied for a marriage by customary law to be recognised as such for the purposes of this sub-article. citizenship by registration may be claimed by persons who are not namibian citizens under sub-articles (1), (2) or (3) hereof and who were ordinarily resident in namibia at the date of independence, and had been so resident for a continuous period of not less than five (5) years prior to such date: provided that application for namibian citizenship under this sub-article is made within a period of twelve (12) months from the date of independence, and prior to making such application, such persons renounce the citizenship of any other country of which they are citizens. citizenship by naturalisation may be applied for by persons who are not namibian citizens under sub-articles(1), (2), (3) or (4) hereof and who: are ordinarily resident in namibia at the time when the application for naturalisation is made; and have been so resident in namibia for a continuous period of no less than ten (10) years; and satisfy any other criteria pertaining to health, morality, security or legality of residence as may be prescribed by law. nothing contained herein shall preclude parliament from authorizing by law the conferment of namibian citizenship upon any fit and proper person by virtue of any special skill or experience or commitment to or services rendered to the namibian nation either before or at any time after the date of independence. namibian citizenship shall be lost by persons who renounce their namibian citizenship by voluntarily signing a formal declaration to that effect. nothing in this constitution shall preclude parliament from enacting legislation providing for the loss of namibian citizenship by persons who, after the date of independence: have acquired the citizenship of any other country by any voluntary act; or have served or volunteered to serve in the armed or security forces of any other country without the written permission of the namibian government; or have taken up permanent residence in any other country and have absented themselves thereafter from namibia for a period in excess of two (2) years without the written permission of the namibian government: provided that no person who is a citizen of namibia by birth or descent may be deprived of namibian citizenship by such legislation. parliament shall be entitled to make further laws not inconsistent with this constitution regulating the acquisition or loss of namibian citizenship. chapter 3. fundamental human rights and freedoms article 5. protection of fundamental rights and freedoms the fundamental rights and freedoms enshrined in this chapter shall be respected and upheld by the executive, legislature and judiciary and all organs of the government and its agencies and, where applicable to them, by all natural and legal persons in namibia, and shall be enforceable by the courts in the manner hereinafter prescribed. article 6. protection of life the right to life shall be respected and protected. no law may prescribe death as a competent sentence. no court or tribunal shall have the power to impose a sentence of death upon any person. no executions shall take place in namibia. article 7. protection of liberty no persons shall be deprived of personal liberty except according to procedures established by law. article 8. respect for human dignity the dignity of all persons shall be inviolable. 2 in any judicial proceedings or in other proceedings before any organ of the state, and during the enforcement of a penalty, respect for human dignity shall be guaranteed. no persons shall be subject to torture or to cruel, inhuman or degrading treatment or punishment. article 9. slavery and forced labour no persons shall be held in slavery or servitude. no persons shall be required to perform forced labour. for the purposes of this article, the expression "forced labour" shall not include: any labour required in consequence of a sentence or order of a court; any labour required of persons while lawfully detained which, though not required in consequence of a sentence or order of a court, is reasonably necessary in the interests of hygiene; any labour required of members of the defence force, the police force and the correctional service in pursuance of their duties as such or, in the case of persons who have conscientious objections to serving as members of the defence force, any labour which they are required by law to perform in place of such service; any labour required during any period of public emergency or in the event of any other emergency or calamity which threatens the life and well-being of the community, to the extent that requiring such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation; any labour reasonably required as part of reasonable and normal communal or other civic obligations. article 10. equality and freedom from discrimination all persons shall be equal before the law. no persons may be discriminated against on the grounds of sex, race, colour, ethnic origin, religion, creed or social or economic status. article 11. arrest and detention no persons shall be subject to arbitrary arrest or detention. no persons who are arrested shall be detained in custody without being informed promptly in a language they understand of the grounds for such arrest. all persons who are arrested and detained in custody shall be brought before the nearest magistrate or other judicial officer within a period of forty-eight (48) hours of their arrest or, if this is not reasonably possible, as soon as possible thereafter, and no such persons shall be detained in custody beyond such period without the authority of a magistrate or other judicial officer. nothing contained in sub-article (3) hereof shall apply to illegal immigrants held in custody under any law dealing with illegal immigration: provided that such persons shall not be deported from namibia unless deportation is authorised by a tribunal empowered by law to give such authority. no persons who have been arrested and held in custody as illegal immigrants shall be denied the right to consult confidentially legal practitioners of their choice, and there shall be no interference with this right except such as is in accordance with the law and is necessary in a democratic society in the interest of national security or for public safety. article 12. fair trial 1 in the determination of their civil rights and obligations or any criminal charges against them, all persons shall be entitled to a fair and public hearing by an independent, impartial and competent court or tribunal established by law: provided that such court or tribunal may exclude the press and/or the public from all or any part of the trial for reasons of morals, the public order or national security, as is necessary in a democratic society. a trial referred to in sub-article (a) hereof shall take place within a reasonable time, failing which the accused shall be released. judgments in criminal cases shall be given in public, except where the interests of juvenile persons or morals otherwise require. all persons charged with an offence shall be presumed innocent until proven guilty according to law, after having had the opportunity of calling witnesses and cross examining those called against them. all persons shall be afforded adequate time and facilities for the preparation and presentation of their defence, before the commencement of and during their trial, and shall be entitled to be defended by a legal practitioner of their choice. no persons shall be compelled to give testimony against themselves or their spouses, who shall include partners in a marriage by customary law, and no court shall admit in evidence against such persons testimony which has been obtained from such persons in violation of article 8(2)(b) hereof. no persons shall be liable to be tried, convicted or punished again for any criminal offence for which they have already been convicted or acquitted according to law: provided that nothing in this sub-article shall be construed as changing the provisions of the common law defences of "previous acquittal" and "previous conviction". no persons shall be tried or convicted for any criminal offence or on account of any act or omission which did not constitute a criminal offence at the time when it was committed, nor shall a penalty be imposed exceeding that which was applicable at the time when the offence was committed. article 13. privacy no persons shall be subject to interference with the privacy of their homes, correspondence or communications save as in accordance with law and as is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the protection of health or morals, for the prevention of disorder or crime or for the protection of the rights or freedoms of others. searches of the person or the homes of individuals shall only be justified: where these are authorised by a competent judicial officer; in cases where delay in obtaining such judicial authority carries with it the danger of prejudicing the objects of the search or the public interest, and such procedures as are prescribed by act of parliament to preclude abuse are properly satisfied. article 14. family men and women of full age, without any limitation due to race, colour, ethnic origin, nationality, religion, creed or social or economic status shall have the right to marry and to found a family. they shall be entitled to equal rights as to marriage, during marriage and at its dissolution. marriage shall be entered into only with the free and full consent of the intending spouses. the family is the natural and fundamental group unit of society and is entitled to protection by society and the state. article 15. children's rights children shall have the right from birth to a name, the right to acquire a nationality and, subject to legislation enacted in the best interests of children, as far as possible the right to know and be cared for by their parents. children are entitled to be protected from economic exploitation and shall not be employed in or required to perform work that is likely to be hazardous or to interfere with their education, or to be harmful to their health or physical, mental, spiritual, moral or social development. for the purposes of this sub-article children shall be persons under the age of sixteen (16) years. no children under the age of fourteen (14) years shall be employed to work in any factory or mine, save under conditions and circumstances regulated by act of parliament. nothing in this sub-article shall be construed as derogating in any way from sub-article (2) hereof. any arrangement or scheme employed on any farm or other undertaking, the object or effect of which is to compel the minor children of an employee to work for or in the interest of the employer of such employee, shall for the purposes of article 9 hereof be deemed to constitute an arrangement or scheme to compel the performance of forced labour. no law authorising preventive detention shall permit children under the age of sixteen (16) years to be detained. article 16. property all persons shall have the right in any part of namibia to acquire, own and dispose of all forms of immovable and movable property individually or in association with others and to bequeath their property to their heirs or legatees: provided that parliament may by legislation prohibit or regulate as it deems expedient the right to acquire property by persons who are not namibian citizens. the state or a competent body or organ authorised by law may expropriate property in the public interest subject to the payment of just compensation, in accordance with requirements and procedures to be determined by act of parliament. article 17. political activity all citizens shall have the right to participate in peaceful political activity intended to influence the composition and policies of the government. all citizens shall have the right to form and join political parties and; subject to such qualifications prescribed by law as are necessary in a democratic society to participate in the conduct of public affairs, whether directly or through freely chosen representatives. every citizen who has reached the age of eighteen (18) years shall have the right to vote and who has reached the age of twenty-one (21) years to be elected to public office, unless otherwise provided herein. the rights guaranteed by sub-article (2) hereof may only be abrogated, suspended or be impinged upon by parliament in respect of specified categories of persons on such grounds of infirmity or on such grounds of public interest or morality as are necessary in a democratic society. article 18. administrative justice administrative bodies and administrative officials shall act fairly and reasonably and comply with the requirements imposed upon such bodies and officials by common law and any relevant legislation, and persons aggrieved by the exercise of such acts and decisions shall have the right to seek redress before a competent court or tribunal. article 19. culture every person shall be entitled to enjoy, practice, profess, maintain and promote any culture, language, tradition or religion subject to the terms of this constitution and further subject to the condition that the rights protected by this article do not impinge upon the rights of others or the national interest. article 20. education all persons shall have the right to education. primary education shall be compulsory and the state shall provide reasonable facilities to render effective this right for every resident within namibia, by establishing and maintaining state schools at which primary education will be provided free of charge. children shall not be allowed to leave school until they have completed their primary education or have attained the age of sixteen (16) years, whichever is the sooner, save in so far as this may be authorised by act of parliament on grounds of health or other considerations pertaining to the public interest. all persons shall have the right, at their own expense, to establish and to maintain private schools, or colleges or other institutions of tertiary education: provided that: such schools, colleges or institutions of tertiary education are registered with a government department in accordance with any law authorising and regulating such registration; the standards maintained by such schools, colleges or institutions of tertiary education are not inferior to the standards maintained in comparable schools, colleges or institutions of tertiary education funded by the state; no restrictions of whatever nature are imposed with respect to the admission of pupils based on race, colour or creed; no restrictions of whatever nature are imposed with respect to the recruitment of staff based on race or colour. article 21. fundamental freedoms all persons shall have the right to: freedom of speech and expression, which shall include freedom of the press and other media; freedom of thought, conscience and belief, which shall include academic freedom in institutions of higher learning; freedom to practise any religion and to manifest such practice; assemble peaceably and without arms; freedom of association, which shall include freedom to form and join associations or unions, including trade unions and political parties; withhold their labour without being exposed to criminal penalties; move freely throughout namibia; reside and settle in any part of namibia; leave and return to namibia; practise any profession, or carry on any occupation, trade or business. the fundamental freedoms referred to in sub-article (1) hereof shall be exercised subject to the law of namibia, in so far as such law imposes reasonable restrictions on the exercise of the rights and freedoms conferred by the said sub-article, which are necessary in a democratic society and are required in the interests of the sovereignty and integrity of namibia, national security, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence. article 22. limitation upon fundamental rights and freedoms whenever or wherever in terms of this constitution the limitation of any fundamental rights or freedoms contemplated by this chapter is authorised, any law providing for such limitation shall: be of general application, shall not negate the essential content thereof, and shall not be aimed at a particular individual; specify the ascertainable extent of such limitation and identify the article or articles hereof on which authority to enact such limitation is claimed to rest. article 23. apartheid and affirmative action the practice of racial discrimination and the practice and ideology of apartheid from which the majority of the people of namibia have suffered for so long shall be prohibited and by act of parliament such practices, and the propagation of such practices, may be rendered criminally punishable by the ordinary courts by means of such punishment as parliament deems necessary for the purposes of expressing the revulsion of the namibian people at such practices. nothing contained in article 10 hereof shall prevent parliament from enacting legislation providing directly or indirectly for the advancement of persons within namibia who have been socially, economically or educationally disadvantaged by past discriminatory laws or practices, or for the implementation of policies and programmes aimed at redressing social, economic or educational imbalances in the namibian society arising out of discriminatory laws or practices, or for achieving a balanced structuring of the public service, the defence force, the police force, and the correctional service. in the enactment of legislation and the application of any policies and practices contemplated by sub-article (2) hereof, it shall be permissible to have regard to the fact that women in namibia have traditionally suffered special discrimination and that they need to be encouraged and enabled to play a full, equal and effective role in the political, social, economic and cultural life of the nation. article 24. derogation nothing contained in or done under the authority of article 26 hereof shall be held to be inconsistent with or in contravention of this constitution to the extent that it authorises the taking of measures during any period when namibia is in a state of national defence or any period when a declaration of emergency under this constitution is in force. where any persons are detained by virtue of such authorisation as is referred to in sub-article (1) hereof, the following provisions shall apply: they shall, as soon as reasonably practicable and in any case not more than five (5) days after the commencement of their detention, be furnished with a statement in writing in a language that they understand specifying in detail the grounds upon which they are detained and, at their request, this statement shall be read to them; not more than fourteen (14) days after the commencement of their detention, a notification shall be published in the gazette stating that they have been detained and giving particulars of the provision of law under which their detention is authorised; not more than one (1) month after the commencement of their detention and thereafter during their detention at intervals of not more than three (3) months, their cases shall be reviewed by the advisory board referred to in article 26 (5)(c) hereof, which shall order their release from detention if it is satisfied that it is not reasonably necessary for the purposes of the emergency to continue the detention of such persons; they shall be afforded such opportunity for the making of representations as may be desirable or expedient in the circumstances, having regard to the public interest and the interests of the detained persons. nothing contained in this article shall permit a derogation from or suspension of the fundamental rights or freedoms referred to in articles 5, 6, 8, 9, 10, 12, 14, 15, 18, 19 and 21(1)(a), (b), (c) and (e) hereof, or the denial of access by any persons to legal practitioners or a court of law. article 25. enforcement of fundamental rights and freedoms save in so far as it may be authorised to do so by this constitution, parliament or any subordinate legislative authority shall not make any law, and the executive and the agencies of government shall not take any action which abolishes or abridges the fundamental rights and freedoms conferred by this chapter, and any law or action in contravention thereof shall to the extent of the contravention be invalid: provided that: a competent court, instead of declaring such law or action to be invalid, shall have the power and the discretion in an appropriate case to allow parliament, any subordinate legislative authority, or the executive and the agencies of government, as the case may be, to correct any defect in the impugned law or action within a specified period, subject to such conditions as may be specified by it. in such event and until such correction, or until the expiry of the time limit set by the court, whichever be the shorter, such impugned law or action shall be deemed to be valid; any law which was in force immediately before the date of independence shall remain in force until amended, repealed or declared unconstitutional. if a competent court is of the opinion that such law is unconstitutional, it may either set aside the law, or allow parliament to correct any defect in such law, in which event the provisions of sub-article (a) hereof shall apply. aggrieved persons who claim that a fundamental right or freedom guaranteed by this constitution has been infringed or threatened shall be entitled to approach a competent court to enforce or protect such a right or freedom, and may approach the ombudsman to provide them with such legal assistance or advice as they require, and the ombudsman shall have the discretion in response thereto to provide such legal or other assistance as he or she may consider expedient. subject to the provisions of this constitution, the court referred to in sub-article (2) hereof shall have the power to make all such orders as shall be necessary and appropriate to secure such applicants the enjoyment of the rights and freedoms conferred on them under the provisions of this constitution, should the court come to the conclusion that such rights or freedoms have been unlawfully denied or violated, or that grounds exist for the protection of such rights or freedoms by interdict. the power of the court shall include the power to award monetary compensation in respect of any damage suffered by the aggrieved persons in consequence of such unlawful denial or violation of their fundamental rights and freedoms, where it considers such an award to be appropriate in the circumstances of particular cases. chapter 4. public emergency, state of national defence and martial law article 26. state of emergency, state of national defence and martial law at a time of national disaster or during a state of national defence or public emergency threatening the life of the nation or the constitutional order, the president may by proclamation in the gazette declare that a state of emergency exists in namibia or any part thereof. a declaration under sub-article (1) hereof, if not sooner revoked, shall cease to have effect: in the case of a declaration made when the national assembly is sitting or has been summoned to meet, at the expiration of a period of seven (7) days after publication of the declaration; or in any other case, at the expiration of a period of thirty (30) days after publication of the declaration; unless before the expiration of that period, it is approved by a resolution passed by the national assembly by a two-thirds majority of all its members. subject to the provisions of sub-article (4) hereof, a declaration approved by a resolution of the national assembly under sub-article (2) hereof shall continue to be in force until the expiration of a period of six (6) months after being so approved or until such earlier date as may be specified in the resolution: provided that the national assembly may, by resolution by a two-thirds majority of all its members, extend its approval of the declaration for periods of not more than six (6) months at a time. the national assembly may by resolution at any time revoke a declaration approved by it in terms of this article. 5 during a state of emergency in terms of this article or when a state of national defence prevails, the president shall have the power by proclamation to make such regulations as in his or her opinion are necessary for the protection of national security, public safety and the maintenance of law and order. the powers of the president to make such regulations shall include the power to suspend the operation of any rule of the common law or statute or any fundamental right or freedom protected by this constitution, for such period and subject to such conditions as are reasonably justifiable for the purpose of dealing with the situation which has given rise to the emergency: provided that nothing in this sub-article shall enable the president to act contrary to the provisions of article 24 hereof. where any regulation made under sub-article (b) hereof provides for detention without trial, provision shall also be made for an advisory board, to be appointed by the president on the recommendation of the judicial service commission, and consisting of no more than five (5) persons, of whom no fewer than three (3) persons shall be judges of the supreme court or the high court or qualified to be such. the advisory board shall perform the function set out in article 24 (2)(c) hereof. any regulations made by the president pursuant to the provisions of sub-article (5) hereof shall cease to have legal force if they have not been approved by a resolution of the national assembly within fourteen (14) days from the date when the national assembly first sits in session after the date of the commencement of any such regulations. the president shall have the power to proclaim or terminate martial law. martial law may be proclaimed only when a state of national defence involving another country exists or when civil war prevails in namibia: provided that any proclamation of martial law shall cease to be valid if it is not approved within a reasonable time by a resolution passed by a two-thirds majority of all the members of the national assembly. chapter 5. the president article 27. head of state and government the president shall be the head of state and of the government and the commander-in-chief of the defence force. the executive power of the republic of namibia shall vest in the president and the cabinet. except as may be otherwise provided in this constitution or by law, the president shall in the exercise of his or her functions be obliged to act in consultation with the cabinet. article 27a. composition of the presidency the presidency shall consist of the president and the vice-president, who shall be served by ministers, special advisers and such other persons as the president may appoint as well as such staff members from the public service as may be appointed for that purpose in accordance with the laws regulating appointments in the public service. article 28. election of the president and appointment of the vice-president the president shall be elected in accordance with the provisions of this constitution and subject thereto. a vice-president shall be appointed by the president from the elected members of the national assembly in accordance with the provisions of this constitution. election of the president shall be: by direct, universal and equal suffrage; and conducted in accordance with principles and procedures to be determined by act of parliament: provided that no person shall be elected as president unless he or she received more than fifty (50) per cent of the valid votes cast and if no candidate received more than fifty (50) percent of the votes, a second ballot shall be conducted in which the two (2) candidates who have received the most votes in the previous ballot shall participate and the candidate who received the most votes in the second ballot shall be duly elected. the vice-president shall: serve at the pleasure of the president; deputise, assist and advise the president, in the performance of his or her duties as may be required by the president, to whom he or she shall be accountable; upon appointment resign as a member of the national assembly in accordance with article 48(1)(c) hereof; not at the same time be the prime minister, deputy-prime minister, a minister or any other office bearer in the government of namibia; be subject to the conditions of service, remuneration as may be provided by act of parliament; while acting as president has the same immunity as provided in article 31 and after he or she has acted as president also has the same immunity as the president has after leaving office; and in the event of resignation, dismissal, death or incapacity be replaced by a person appointed by the president under this constitution. before formally assuming office, the vice-president shall make and subscribe to an oath or solemn affirmation before the chief justice, the deputy-chief justice or another judge designated by the chief justice, in terms set out in schedule 2 hereof. if the president-elect is unable to assume office due to his or her death, incapacity, disqualification or other reason, the vice-president appointed by the president whose term is due to expire, shall make the oath or affirmation contained in article 30 of this constitution before the chief justice, the deputy-chief justice or another judge designated by the chief justice and assume the office of president in an acting capacity until the assumption of office by the president elected in the subsequent presidential by-election as contemplated in article 29(4)(b). every citizen of namibia by birth or descent, over the age of thirty-five (35) years, and who is eligible to be elected to office as a member of the national assembly shall be eligible for election as president. the procedures to be followed for the nomination of candidates for election as president, and for all matters necessary and incidental to ensure the free, fair and effective election of a president, shall be determined by act of parliament: provided that any registered political party shall be entitled to nominate a candidate, and any person supported by a minimum number of registered voters to be determined by act of parliament shall also be entitled to be nominated as a candidate. article 29. term of office 1 the president's term of office shall be five (5) years unless he or she dies or resigns before the expiry of the said term or is removed from office. in the event of the dissolution of the national assembly in the circumstances provided for under article 57(1) hereof, the president's term of office shall also expire. a president shall be removed from office if a two-thirds majority of all the members of the national assembly, confirmed by a two-thirds majority of all the members of the national council, adopts a resolution impeaching the president on the ground that he or she has been guilty of a violation of the constitution or guilty of a serious violation of the laws of the land or otherwise guilty of such gross misconduct or ineptitude as to render him or her unfit to hold with dignity and honour the office of president. a person shall hold office as president for not more than two terms. if a president dies, resigns or is removed from office in terms of this constitution, the vacant office of president shall be filled for the unexpired period thereof as follows: if the vacancy occurs not more than one (1) year before the date on which presidential elections are required to be held, the vacancy shall be filled in accordance with the provisions of article 34 hereof; if the vacancy occurs more than one (1) year before the date on which presidential elections are required to be held, an election for the president shall be held in accordance with the provisions of article 28 hereof within a period of ninety (90) days from the date on which the vacancy occurred, and pending such election the vacant office shall be filled in accordance with the provisions of article 34 hereof. if the president dissolves the national assembly under articles 32(3)(a) and 57(1) hereof, a new election for president shall be held in accordance with the provisions of article 28 hereof within ninety (90) days, and pending such election the president shall remain in office, and the provisions of article 58 hereof shall be applicable. if a person becomes president under sub-article (4) hereof, the period of time during which he or she holds office consequent upon such election or succession shall not be regarded as a term for the purposes of sub-article (3) hereof. article 30. oath or affirmation before formally assuming office, a president-elect shall make the following oath or affirmation which shall be administered by the chief justice, the deputy-chief justice or a judge designated by the chief justice for this purpose: "i, .................................... do hereby swear/solemnly affirm, that i will strive to the best of my ability to uphold, protect and defend as the supreme law the constitution of the republic of namibia, and faithfully to obey, execute and administer the laws of the republic of namibia; that i will protect the independence, sovereignty, territorial integrity and the material and spiritual resources of the republic of namibia; and that i will endeavour to the best of my ability to ensure justice for all the inhabitants of the republic of namibia. (in the case of an oath) so help me god." article 31. immunity from civil and criminal proceedings no person holding the office of president or performing the functions of president may be sued in any civil proceedings save where such proceedings concern an act done in his or her official capacity as president. no person holding the office of president shall be charged with any criminal offence or be amenable to the criminal jurisdiction of any court in respect of any act allegedly performed, or any omission to perform any act, during his or her tenure of office as president. after a president has vacated that office: no court may entertain any action against him or her in any civil proceedings in respect of any act done in his or her official capacity as president; a civil or criminal court shall only have jurisdiction to entertain proceedings against him or her, in respect of acts of commission or omission alleged to have been perpetrated in his or her personal capacity whilst holding office as president, if parliament by resolution has removed the president on the grounds specified in this constitution and if a resolution is adopted by parliament resolving that any such proceedings are justified in the public interest notwithstanding any damage such proceedings might cause to the dignity of the office of president. article 32. functions, powers and duties as the head of state, the president shall uphold, protect and defend the constitution as the supreme law, and shall perform with dignity and leadership all acts necessary, expedient, reasonable and incidental to the discharge of the executive functions of the government, subject to the overriding terms of this constitution and the laws of namibia, which he or she is constitutionally obliged to protect, to administer and to execute. in accordance with the responsibility of the executive branch of government to the legislative branch, the president and the cabinet shall each year during the consideration of the official budget attend parliament. during such session the president shall address parliament on the state of the nation and on the future policies of the government, shall report on the policies of the previous year and shall be available to respond to questions. without derogating from the generality of the functions and powers contemplated by sub-article (1) hereof, the president shall preside over meetings of the cabinet and shall have the power, subject to this constitution to: dissolve the national assembly by proclamation in the circumstances provided for in article 57(1) hereof; determine the times for the holding of special sessions of the national assembly, and to prorogue such sessions; accredit, receive and recognise ambassadors, and to appoint ambassadors, plenipotentiaries, diplomatic representatives and other diplomatic officers, consuls and consular officers; pardon or reprieve offenders, either unconditionally or subject to such conditions as the president may deem fit; negotiate and sign international agreements, and to delegate such power; declare martial law or, if it is necessary for the defence of the nation, declare that a state of national defence exists: provided that this power shall be exercised subject to the terms of article 26(7) hereof; establish and dissolve such government departments and ministries as the president may at any time consider to be necessary or expedient for the good government of namibia; confer such honours as the president considers appropriate on citizens, residents and friends of namibia in consultation with interested and relevant persons and institutions; appoint the following persons: the vice-president; the prime minister; the deputy-prime minister; ministers and deputy-ministers; the attorney-general; the director-general of planning; the head of the intelligence service; any other person or persons who are required by any other provision of this constitution or any other law to be appointed by the president. in the appointment of the vice-president, the president shall have due regard for the need to obtain a balanced reflection of the national character of the people of namibia. the president shall also have the power, subject to this constitution, to appoint: on the recommendation of the judicial service commission: the chief justice, the judge-president of the high court and other judges of the supreme court and the high court; the ombudsman; the prosecutor-general; on the recommendation of the public service commission: the auditor-general; the governor and deputy-governors of the central bank; on the recommendation of the security commission: the chief of the defence force; the inspector-general of police; the commissioner-general of correctional service. subject to the provisions of this constitution dealing with the signing of any laws passed by parliament and the promulgation and publication of such laws in the gazette, the president shall have the power to: sign and promulgate any proclamation which by law he or she is entitled to proclaim as president; initiate, in so far as he or she considers it necessary and expedient, laws for submission to and consideration by the national assembly; appoint as members of the national assembly but without any vote therein, not more than eight (8) persons by virtue of their special expertise, status, skill or experience. subject to the provisions of this constitution or any other law, any person appointed by the president pursuant to the powers vested in him or her by this constitution or any other law may be removed by the president by the same process through which such person was appointed. subject to the provisions of this constitution and of any other law of application in this matter, the president may, in consultation with the cabinet and on the recommendation of the public service commission: constitute any office in the public service of namibia not otherwise provided for by any other law; appoint any person to such office, determine the tenure of any person so appointed as well as the terms and conditions of his or her service. all appointments made and actions taken under sub-articles (3),(4),(5),(6) and (7) hereof shall be announced by the president by proclamation in the gazette. subject to the provisions of this constitution and save where this constitution otherwise provides, any action taken by the president pursuant to any power vested in the president by the terms of this article shall be capable of being reviewed, reversed or corrected on such terms as are deemed expedient and proper should there be a resolution proposed by at least one-third of all the members of the national assembly and passed by a two-thirds majority of all the members of the national assembly disapproving any such action and resolving to review, reverse or correct it. notwithstanding the review, reversal or correction of any action in terms of sub-article (9) hereof, all actions performed pursuant to any such action during the period preceding such review, reversal or correction shall be deemed to be valid and effective in law, until and unless parliament otherwise enacts. article 33. remuneration provision shall be made by act of parliament for the payment out of the state revenue fund of remuneration and allowances for the president, as well as for the payment of pensions to former presidents and, in the case of their deaths, to their surviving spouses. article 34. succession if the office of president becomes vacant or if the president is otherwise unable to fulfil the duties of the office, the following persons shall in the order provided for in this sub-article act as president for the unexpired portion of the president's term of office or until the president is able to resume office, whichever is the earlier: the vice-president; the prime minister; the deputy-prime minister; and a person appointed by the president from the members of cabinet in terms of sub-article (2). in the absence of the vice-president, prime minister or deputy-prime minister and if it is regarded as necessary or expedient that a person deputize for the president because of a temporary absence from the country or because of pressure of work, the president shall be entitled to appoint any person enumerated in sub-article (1) hereof to act in his or her stead in respect of such specific occasions or such specific matters and for such specific periods as in his or her discretion may be considered wise and expedient. chapter 6. the cabinet article 35. composition notwithstanding article 29(2a)(c), the cabinet shall consist of the president, the vice-president, the prime minister and such other ministers as the president may appoint from the members of the national assembly, including members nominated under article 46(1)(b) hereof, for the purposes of administering and executing the functions of the government. the president may also appoint a deputy-prime minister to perform such functions as may be assigned to him or her by the president, the vice-president or the prime minister. the president or, in his or her absence, the vice-president, the prime minister or other minister designated for this purpose by the president, shall preside at meetings of the cabinet. article 36. functions of the prime minister the prime minister shall be the leader of government business in parliament, shall co-ordinate the work of the cabinet as head of administration, and shall perform other functions as may be assigned by the president or the vice-president. article 37. deputy-ministers the president may appoint from the members of the national assembly, including members nominated under article 46(1)(b) hereof, and the national council such deputy-ministers as he or she may consider expedient, to exercise or perform on behalf of ministers any of the powers, functions and duties which may have been assigned to such ministers. article 38. oath or affirmation before assuming office, a minister or deputy-minister shall make and subscribe to an oath or solemn affirmation before the president, the vice-president or a person designated by the president for this purpose, in the terms set out in schedule 2 hereof. article 39. vote of no confidence the president shall be obliged to terminate the appointment of any member of the cabinet, if the national assembly by a majority of all its members resolves that it has no confidence in that member. article 40. duties and functions the members of the cabinet shall have the following functions: to direct, co-ordinate and supervise the activities of ministries and government departments including para-statal enterprises, and to review and advise the president and the national assembly on the desirability and wisdom of any prevailing subordinate legislation, regulations or orders pertaining to such para-statal enterprises, regard being had to the public interest; to initiate bills for submission to the national assembly; to formulate, explain and assess for the national assembly the budget of the state and its economic development plans and to report to the national assembly thereon; to carry out such other functions as are assigned to them by law or are incidental to such assignment; to attend meetings of the national assembly and to be available for the purposes of any queries and debates pertaining to the legitimacy, wisdom, effectiveness and direction of government policies; to take such steps as are authorised by law to establish such economic organisations, institutions and para-statal enterprises on behalf of the state as are directed or authorised by law; to formulate, explain and analyse for the members of the national assembly the goals of namibian foreign policy and its relations with other states and to report to the national assembly thereon; to formulate, explain and analyse for the members of the national assembly the directions and content of foreign trade policy and to report to the national assembly thereon; to assist the president in determining what international agreements are to be concluded, acceded to or succeeded to and to report to the national assembly thereon; to advise the president on the state of national defence and the maintenance of law and order and to inform the national assembly thereon; to issue notices, instructions and directives to facilitate the implementation and administration of laws administered by the executive, subject to the terms of this constitution or any other law; to remain vigilant and vigorous for the purposes of ensuring that the scourges of apartheid, tribalism and colonialism do not again manifest themselves in any form in a free and independent namibia and to protect and assist disadvantaged citizens of namibia who have historically been the victims of these pathologies. article 41. ministerial accountability all ministers shall be accountable individually for the administration of their own ministries and collectively for the administration of the work of the cabinet, both to the president and to parliament. article 42. outside employment during their tenure of office as members of the cabinet, ministers may not take up any other paid employment, engage in activities inconsistent with their positions as ministers, or expose themselves to any situation which carries with it the risk of a conflict developing between their interests as ministers and their private interests. no members of the cabinet shall use their positions as such or use information entrusted to them confidentially as such members of the cabinet, directly or indirectly to enrich themselves. article 43. secretary to the cabinet there shall be a secretary to the cabinet who shall be appointed by the president and who shall perform such functions as may be determined by law and such functions as are from time to time assigned to the secretary by the president, the vice-president or the prime minister. upon appointment by the president, the secretary shall be deemed to have been appointed to such office on the recommendation of the public service commission. the secretary to the cabinet shall also serve as a depository of the records, minutes and related documents of the cabinet. chapter 7. the national assembly article 44. legislative power the legislative power of namibia shall be vested in the national assembly with the power to pass laws with the assent of the president as provided in this constitution subject, where applicable, to the powers and functions of the national council as set out in this constitution. article 45. representative nature the members of the national assembly shall be representative of all the people and shall in the performance of their duties be guided by the objectives of this constitution, by the public interest and by their conscience. article 46. composition the composition of the national assembly shall be as follows: ninety-six (96) members to be elected by the registered voters by general, direct and secret ballot. every namibian citizen who has the qualifications described in article 17 hereof shall be entitled to vote in the elections for members of the national assembly and, subject to article 47 hereof, shall be eligible for candidature as a member of the national assembly; not more than eight (8) persons appointed by the president under article 32(5)(c) hereof, by virtue of their special expertise, status, skill or experience: provided that such members shall have no vote in the national assembly, and shall not be taken into account for the purpose of determining any specific majorities that are required under this constitution or any other law. subject to the principles referred to in article 49 hereof, the members of the national assembly referred to in sub-article (1)(a) hereof shall be elected in accordance with procedures to be determined by act of parliament. article 47. disqualification of members no persons may become members of the national assembly if they: have at any time after independence been convicted of any offence in namibia, or outside namibia if such conduct would have constituted an offence within namibia, and for which they have been sentenced to death or to imprisonment of more than twelve (12) months without the option of a fine, unless they have received a free pardon or unless such imprisonment has expired at least ten (10) years before the date of their election; or have at any time prior to independence been convicted of an offence, if such conduct would have constituted an offence within namibia after independence, and for which they have been sentenced to death or to imprisonment of more than twelve (12) months without the option of a fine, unless they have received a free pardon or unless such imprisonment has expired at least ten (10) years before the date of their election: provided that no person sentenced to death or imprisonment for acts committed in connection with the struggle for the independence of namibia shall be disqualified under this sub-article from being elected as a member of the national assembly; or are unrehabilitated insolvents; or are of unsound mind and have been so declared by a competent court: or are remunerated members of the public service of namibia; or are members of the national council, regional councils or local authorities. for the purposes of sub-article (1) hereof: no person shall be considered as having been convicted by any court until any appeal which might have been noted against the conviction or sentence has been determined, or the time for noting an appeal against such conviction has expired; the public service shall be deemed to include the defence force, the police force, the correctional service, para-statal enterprises, regional councils and local authorities. article 48. vacation of seats members of the national assembly shall vacate their seats: if they cease to have the qualifications which rendered them eligible to be members of the national assembly; if the political party which nominated them to sit in the national assembly informs the speaker that such members are no longer members of such political party; if they resign their seats in writing addressed to the speaker; if they are removed by the national assembly pursuant to its rules and standing orders permitting or requiring such removal for good and sufficient reasons; if they are absent during sittings of the national assembly for ten (10) consecutive sitting days, without having obtained the special leave of the national assembly on grounds specified in its rules and standing orders. if the seat of a member of the national assembly is vacated in terms of sub-article (1) hereof, the political party which nominated such member to sit in the national assembly shall be entitled to fill the vacancy by nominating any person on the party's election list compiled for the previous general election, or if there be no such person, by nominating any member of the party. article 49. elections the election of members in terms of article 46(1)(a) hereof shall be on party lists and in accordance with the principles of proportional representation as set out in schedule 4 hereof. article 50. duration every national assembly shall continue for a maximum period of five (5) years, but it may before the expiry of its term be dissolved by the president by proclamation as provided for in articles 32(3)(a) and 57(1) hereof. article 51. speaker at the first sitting of a newly elected national assembly, the national assembly, with the secretary acting as chairperson, shall elect a member as speaker. the national assembly shall then elect another member as deputy-speaker. the deputy-speaker shall act as speaker whenever the speaker is not available. the speaker or deputy-speaker shall cease to hole! office if he or she ceases to be a member of the national assembly. the speaker or deputy-speaker may be removed from office by resolution of the national assembly, and may resign from office or from the national assembly in writing addressed to the secretary of the national assembly. when the office of speaker or deputy-speaker becomes vacant the national assembly shall elect a member to fill the vacancy. when neither the speaker nor the deputy-speaker is available for duty, the national assembly, with the secretary acting as chairperson, shall elect a member to act as speaker. article 52. secretary and other officers subject to the laws of namibia regulating the employment of parliamentary staff and the directives of the national assembly, the speaker shall appoint a person if such laws prescribe a different procedure for the appointment of the secretary, or designate the person holding the appropriate post as the secretary of the national assembly, who shall perform the functions and duties assigned to such secretary by this constitution or by the speaker. subject to the laws governing the control of public monies, the secretary shall perform his or her functions and duties under the control of the speaker. the secretary shall be assisted by officers of the national assembly who shall be appointed in accordance with the laws referred to in sub-article (1). the laws referred to in sub-article (1) and article 73a(1), shall create a parliamentary service commission which shall be composed in such a manner, perform such functions and exercise such powers as may be prescribed by such laws. article 53. quorum subject to sub-article (2) the presence of at least forty-nine (49) members of the national assembly entitled to vote, other than the speaker or the presiding member, shall be necessary to constitute a meeting of the national assembly when any voting is required. the presence of at least twenty-six (26) members of the national assembly entitled to vote, other than the speaker or the presiding member, shall be sufficient to constitute a meeting of the national assembly when no voting on any matter is required. article 54. casting vote in the case of an equality of votes in the national assembly, the speaker or the deputy speaker or the presiding member shall have and may exercise a casting vote. article 55. oath or affirmation every member of the national assembly shall make and subscribe to an oath or solemn affirmation before the chief justice, the deputy-chief justice or a judge designated by the chief justice for this purpose, in the terms set out in schedule 3 hereof. article 56. assent to bills every bill passed by parliament in terms of this constitution in order to acquire the status of an act of parliament shall require the assent of the president to be signified by the signing of the bill and the publication of the act in the gazette. where a bill is passed by a majority of two-thirds of all the members of the national assembly and has been confirmed by the national council the president shall be obliged to give his or her assent thereto. where a bill is passed by a majority of the members of the national assembly but such majority consists of less than two-thirds of all the members of the national assembly and has been confirmed by the national council, but the president declines to assent to such bill, the president shall communicate such dissent to the speaker. if the president has declined to assent to a bill under sub-article (3) hereof, the national assembly may reconsider the bill and, if it so decides, pass the bill in the form in which it was referred back to it, or in an amended form or it may decline to pass the bill. should the bill then be passed by a majority of the national assembly it will not require further confirmation by the national council but, if the majority consists of less than two-thirds of all the members of the national assembly, the president shall retain his or her power to withhold assent to the bill. if the president elects not to assent to the bill, it shall then lapse. article 57. dissolution the national assembly may be dissolved by the president on the advice of the cabinet if the government is unable to govern effectively. should the national assembly be dissolved a national election for a new national assembly and a new president shall take place within a period of ninety (90) days from the date of such dissolution. article 58. conduct of business after dissolution notwithstanding the provisions of article 57 hereof: every person who at the date of its dissolution was a member of the national assembly shall remain a member of the national assembly and remain competent to perform the functions of a member until the day immediately preceding the first polling day for the election held in pursuance of such dissolution; the president shall have power to summon parliament for the conduct of business during the period following such dissolution, up to and including the day immediately preceding the first polling day for the election held in pursuance of such dissolution, in the same manner and in all respects as if the dissolution had not occurred. article 59. rules of procedure, committees and standing orders the national assembly may make such rules of procedure for the conduct of its business and proceedings and may also make such rules for the establishing, functioning and procedures of committees, and formulate such standing orders, as may appear to it to be expedient or necessary. the national assembly shall in its rules of procedure make provision for such disclosure as may be considered to be appropriate in regard to the financial or business affairs of its members. for the purposes of exercising its powers and performing its functions any committee of the national assembly established in terms of sub-article (1) hereof shall have the power to subpoena persons to appear before it to give evidence on oath and to produce any documents required by it. article 60. duties, privileges and immunities of members the duties of the members of the national assembly shall include the following: all members of the national assembly shall maintain the dignity and image of the national assembly both during the sittings of the national assembly as well as in their acts and activities outside the national assembly; all members of the national assembly shall regard themselves as servants of the people of namibia and desist from any conduct by which they seek improperly to enrich themselves or alienate themselves from the people. a private members' bill may be introduced in the national assembly if supported by one-third of all the members of the national assembly. rules providing for the privileges and immunities of members of the national assembly shall be made by act of parliament and all members shall be entitled to the protection of such privileges and immunities. article 61. public access to sittings save as provided in sub-article (2) hereof, all meetings of the national assembly shall be held in public and members of the public shall have access to such meetings. access by members of the public in terms of sub-article (1) hereof may be denied if the national assembly adopts a motion supported by two-thirds of all its members excluding such access to members of the public for specified periods or in respect of specified matters. such a motion shall only be considered if it is supported by at least one-tenth of all the members of the national assembly and the debate on such motion shall not be open to members of the public. article 62. sessions the national assembly shall sit: at its usual place of sitting determined by the national assembly, unless the speaker directs otherwise on the grounds of public interest, security or convenience; for at least two (2) sessions during each year, to commence and terminate on such dates as the national assembly from time to time determines; for such special sessions as directed by proclamation by the president from time to time. during such sessions the national assembly shall sit on such days and during such times of the day or night as the national assembly by its rules and standing orders may provide. the day of commencement of any session of the national assembly may be altered by proclamation by the president, if the president is requested to do so by the speaker on grounds of public interest or convenience. article 63. functions and powers the national assembly, as the principal legislative authority in and over namibia, shall have the power, subject to this constitution, to make and repeal laws for the peace, order and good government of the country in the best interest of the people of namibia. the national assembly shall further have the power and function, subject to this constitution: to approve budgets for the effective government and administration of the country; to provide for revenue and taxation; to take such steps as it considers expedient to uphold and defend this constitution and the laws of namibia and to advance the objectives of namibian independence; to consider and decide whether or not to succeed to such international agreements as may have been entered into prior to independence by administrations within namibia in which the majority of the namibian people have historically not enjoyed democratic representation and participation; to agree to the ratification of or accession to international agreements which have been negotiated and signed in terms of article 32(3)(e) hereof; to receive reports on the activities of the executive, including para-statal enterprises, and from time to time to require any senior official thereof to appear before any of the committees of the national assembly to account for and explain his or her acts and programmes; to initiate, approve or decide to hold a referendum on matters of national concern; to debate and to advise the president in regard to any matters which by this constitution the president is authorised to deal with; to remain vigilant and vigorous for the purposes of ensuring that the scourges of apartheid, tribalism and colonialism do not again manifest themselves in any form in a free and independent namibia and to protect and assist disadvantaged citizens of namibia who have historically been the victims of these pathologies; generally to exercise any other functions and powers assigned to it by this constitution or any other law and any other functions incidental thereto. article 64. withholding of presidential assent subject to the provisions of this constitution, the president shall be entitled to withhold his or her assent to a bill approved by the national assembly if in the president's opinion such bill would upon adoption conflict with the provisions of this constitution. should the president withhold assent on the grounds of such opinion, he or she shall so inform the speaker who shall inform the national assembly thereof, and the attorney-general, who may then take appropriate steps to have the matter decided by a competent court. should such court thereafter conclude that such bill is not in conflict with the provisions of this constitution, the president shall assent to the said bill if it was passed by the national assembly by a two-thirds majority of all its members. if the bill was not passed with such majority, the president may withhold his or her assent to the bill, in which event the provisions of article 56(3) and (4) hereof shall apply. should such court conclude that the disputed bill would be in conflict with any provisions of this constitution, the said bill shall be deemed to have lapsed and the president shall not be entitled to assent thereto. article 65. signature and enrolment of acts when any bill has become an act of parliament as a result of its having been passed by parliament, signed by the president and published in the gazette, the secretary of the national assembly shall promptly cause two (2) fair copies of such act in the english language to be enrolled in the office of the registrar of the supreme court and such copies shall be conclusive evidence of the provisions of the act. the public shall have the right of access to such copies subject to such regulations as may be prescribed by parliament to protect the durability of the said copies and the convenience of the registrar's staff. article 66. customary and common law both the customary law and the common law of namibia in force on the date of independence shall remain valid to the extent to which such customary or common law does not conflict with this constitution or any other statutory law. subject to the terms of this constitution, any part of such common law or customary law may be repealed or modified by act of parliament, and the application thereof may be confined to particular parts of namibia or to particular periods. article 67. requisite majorities save as provided in this constitution, a simple majority of votes cast in the national assembly shall be sufficient for the passage of any bill or resolution of the national assembly. chapter 8. the national council article 68. establishment there shall be a national council which shall have the powers and functions set out in this constitution. article 69. composition the national council shall consist of three (3) members from each region referred to in article 102 hereof, to be elected from amongst their members by the regional council for such region. the elections of members of the national council shall be conducted according to procedures to be prescribed by act of parliament. article 70. term of office of members members of the national council shall hold their seats for five (5) years from the date of their election and shall be eligible for re-election. when a seat of a member of the national council becomes vacant through death, resignation or disqualification, an election for a successor to occupy the vacant seat until the expiry of the predecessor's term of office shall be held, except in the instance where such vacancy arises less than six (6) months before the expiry of the term of the national council, in which instance such vacancy need not be filled. such election shall be held in accordance with the procedures prescribed by the act of parliament referred to in article 69(2) hereof. article 71. oath or affirmation every member of the national council shall make and subscribe to an oath or solemn affirmation before the chief justice, or a judge designated by the chief justice for this purpose, in the terms set out in schedule 3 hereof. article 72. qualifications of members no person shall be qualified to be a member of the national council if he or she is an elected member of a local authority, and unless he or she is qualified under article 47(1)(a) to (e) hereof to be a member of the national assembly. article 73. chairperson and vice-chairperson at the first sitting of a newly elected national council, the national council, with the secretary acting as chairperson, shall elect a member as chairperson. the national council shall then elect another member as vice-chairperson. subject to sub-article (4), the chairperson, or in his or her absence the vice-chairperson, shall preside over sessions of the national council. if neither the chairperson nor the vice-chairperson is present at any session, the national council, with the secretary acting as chairperson, shall elect a member to act as chairperson. article 73a. secretary and other officers subject to the laws of namibia regulating the appointment of parliamentary staff, and the directives of the national council, the chairperson shall appoint or if such laws prescribe a different procedure for the appointment of the secretary, designate the person holding the appropriate post as the secretary of the national council, who shall perform the functions and duties assigned to such secretary by this constitution or by the chairperson. subject to the laws governing the control of public monies, the secretary shall perform his or her functions and duties under the control of the chairperson. the secretary shall be assisted by officers of the national council who shall be persons appointed in accordance with the laws referred to in sub-article (1). article 74. powers and functions the national council shall have the power to: consider in terms of article 75 hereof all bills passed by the national assembly; investigate and report to the national assembly on any subordinate legislation, reports and documents which under law must be tabled in the national assembly and which are referred to it by the national assembly for advice; recommend legislation on matters of regional concern for submission to and consideration by the national assembly; perform any other functions assigned to it by the national assembly or by an act of parliament. the national council shall have the power to establish committees and to adopt its own rules and procedures for the exercise of its powers and the performance of its functions. a committee of the national council shall be entitled to conduct all such hearings and collect such evidence as it considers necessary for the exercise of the national council's powers of review and investigations, and for such purposes shall have the powers referred to in article 59(3) hereof. the national council shall in its rules of procedure make provision for such disclosure as may be considered to be appropriate in regard to the financial or business affairs of its members. the duties of the members of the national council shall include the following: all members of the national council shall maintain the dignity and image of the national council both during the sittings of the national council as well as in their acts and activities outside the national council; all members of the national council shall regard themselves as servants of the people of namibia and desist from any conduct by which they seek improperly to enrich themselves or alienate themselves from the people. rules providing for the privileges and immunities of members of the national council shall be made by act of parliament and all members shall be entitled to the protection of such privileges and immunities. article 75. review of legislation all bills passed by the national assembly shall be referred by the speaker to the national council. the national council shall consider bills referred to it under sub-article (1) hereof and shall submit reports thereon with its recommendations to the speaker. if in its report to the speaker the national council confirms a bill, the speaker shall refer it to the president to enable the president to deal with it under articles 56 and 64 hereof. 4 if the national council in its report to the speaker recommends that the bill be passed subject to amendments proposed by it, such bill shall be referred by the speaker back to the national assembly. if a bill is referred back to the national assembly under sub-article (a) hereof, the national assembly may reconsider the bill and may make any amendments thereto, whether proposed by the national council or not. if the bill is again passed by the national assembly, whether in the form in which it was originally passed, or in an amended form, the bill shall not again be referred to the national council, but shall be referred by the speaker to the president to enable it to be dealt with under articles 56 and 64 hereof. sub-article (4) shall mutatis mutandis apply to bills dealing with the levying of taxes or the appropriation of public monies subject thereto that the national council may only propose corrections to such bills for consideration by the national assembly and that any reference in sub-article (4) hereof to â��amendmentsâ�� shall be construed to refer to â��correctionsâ��. 5 if a majority of two-thirds of all the members or the national council objects to the principle of a bill, this shall be mentioned in its report to the speaker. in that event, the report shall also indicate whether or not the national council proposes that amendments be made to the bill, if the principle of the bill is confirmed by the national assembly under sub-article (b) hereof, and if amendments are proposed, details thereof shall be set out in the report. if the national council in its report objects to the principle of the bill, the national assembly shall be required to reconsider the principle. if upon such reconsideration the national assembly reaffirms the principle of the bill by a majority of two-thirds of all its members, the principle of the bill shall no longer be an issue. if such two-thirds majority is not obtained in the national assembly, the bill shall lapse. 6 if the national assembly reaffirms the principle of the bill under sub-article 5(b) hereof by a majority of two-thirds of all its members, and the report of the national council proposed that in such event amendments be made to the bill, the national assembly shall then deal with the amendments proposed by the national council, and in that event the provisions of sub-article 4(b) shall apply mutatis mutandis. if the national assembly reaffirms the principle of the bill under sub-article 5(b) hereof by a majority of two-thirds of all its members, and the report of the national council did not propose that in such event amendments be made to the bill, the national council shall be deemed to have confirmed the bill, and the speaker shall refer the bill to the president to be dealt with under articles 56 and 64 hereof. sub-articles (5) and (6) hereof shall not apply to bills dealing with the levying of taxes or the appropriation of public monies. the national council shall report to the speaker on all bills dealing with the levying of taxes or appropriations of public monies within thirty (30) days of the date on which such bills were referred to it by the speaker, and on all other bills within three (3) months of the date of referral by the speaker, failing which the national council will be deemed to have confirmed such bills and the speaker shall then refer them promptly to the president to enable the president to deal with the bills under articles 56 and 64 hereof. if the president withholds his or her assent to any bill under article 56 hereof and the bill is then dealt with in terms of that article, and is again passed by the national assembly in the form in which it was originally passed or in an amended form, such bill shall not again be referred to the national council, but shall be referred by the speaker directly to the president to enable the bill to be dealt with in terms of articles 56 and 64 hereof. article 76. quorum subject to sub-article (2), the presence of a majority of the total number of members of the national council as required by article 69, shall be necessary to constitute a meeting of the national council for the exercise of its powers and the performance of its functions when any voting is required. the presence of at least a third of the total number of members of the national council as required by article 69, shall be sufficient to constitute a meeting of the national council when no voting on any matter is required. article 77. voting save as is otherwise provided in this constitution, all questions in the national council shall be determined by a majority of the votes cast by members present other than the chairperson, or in his or her absence the vice-chairperson or the member presiding at that session, who shall, however, have and may exercise a casting vote in the case of an equality of votes. chapter 9. the administration of justice article 78. the judiciary the judicial power shall be vested in the courts of namibia, which shall consist of: a supreme court of namibia; a high court of namibia; lower courts of namibia. the courts shall be independent and subject only to this constitution and the law. no member of the cabinet or the legislature or any other person shall interfere with judges or judicial officers in the exercise of their judicial functions, and all organs of the state shall accord such assistance as the courts may require to protect their independence, dignity and effectiveness, subject to the terms of this constitution or any other law. the supreme court and the high court shall have the inherent jurisdiction which vested in the supreme court of south-west africa immediately prior to the date of independence, including the power to regulate their own procedures and to make court rules for that purpose. the financial and other administrative matters of the high court and supreme court shall be performed in such a manner that the independence of the judiciary can be effectively and practically promoted and guaranteed by means of appropriate legislative and administrative measures. in accordance with the relevant laws, an accounting officer shall be designated who shall subject to the direction and control of the chief justice, perform the functions of an accounting officer as head of the administration of the judiciary with the assistance of such other staff members designated from the public service for such purpose. the chief justice shall supervise the judiciary, exercise responsibility over the judiciary, and monitor the norms and standards for the exercise of the judicial functions of all courts. article 79. the supreme court the supreme court shall consist of a chief justice, a deputy-chief justice who shall deputise the chief justice in the performance of his or her functions under this constitution or any other law, and such additional judges as the president, acting on the recommendation of the judicial service commission, may determine. the supreme court shall be presided over by the chief justice and shall hear and adjudicate upon appeals emanating from the high court, including appeals which involve the interpretation, implementation and upholding of this constitution and the fundamental rights and freedoms guaranteed thereunder. the supreme court shall also deal with matters referred to it for decision by the attorney-general under this constitution, and with such other matters as may be authorised by act of parliament. three (3) judges shall constitute a quorum of the supreme court when it hears appeals or deals with matters referred to it by the attorney-general under this constitution: provided that provision may be made by act of parliament for a lesser quorum in circumstances in which a judge seized of an appeal dies or becomes unable to act at any time prior to judgment. the jurisdiction of the supreme court with regard to appeals shall be determined by act of parliament. article 80. the high court the high court shall consist of a judge-president, who shall be the deputy-chief justice referred to in article 79(1) hereof and an ex officio judge of the supreme court, such deputy judges-president and such additional judges as the president, acting on the recommendation of the judicial service commission, may determine. the high court shall have original jurisdiction to hear and adjudicate upon all civil disputes and criminal prosecutions, including cases which involve the interpretation, implementation and upholding of this constitution and the fundamental rights and freedoms guaranteed thereunder. the high court shall also have jurisdiction to hear and adjudicate upon appeals from lower courts. the jurisdiction of the high court with regard to appeals shall be determined by act of parliament. article 81. binding nature of decisions of the supreme court a decision of the supreme court shall be binding on all other courts of namibia and all persons in namibia unless it is reversed by the supreme court itself, or is contradicted by an act of parliament lawfully enacted. article 82. appointment of judges all appointments of judges to the supreme court and the high court shall be made by the president on the recommendation of the judicial service commission and upon appointment judges shall make an oath or affirmation of office in the terms set out in schedule 1 hereof. at the request of the chief justice the president may appoint acting judges of the supreme court to fill casual vacancies in the court from time to time, or as ad hoc appointments to sit in cases involving constitutional issues or the guarantee of fundamental rights and freedoms, if in the opinion of the chief justice it is desirable that such persons should be appointed to hear such cases by reason of their special knowledge of or expertise in such matters. at the request of the judge-president, the president may appoint acting judges of the high court from time to time to fill casual vacancies in the court, or to enable the court to deal expeditiously with its work. all judges, except acting judges, appointed under this constitution shall hold office until the age of sixty-five (65) but the president shall be entitled to extend the retiring age of any judge to seventy (70): provided that non-namibian citizens are appointed as judges under a fixed term contract of employment. article 83. lower courts lower courts shall be established by act of parliament and shall have the jurisdiction and adopt the procedures prescribed by such act and regulations made thereunder. lower courts shall be presided over by magistrates or other judicial officers appointed in accordance with procedures prescribed by act of parliament. a magistrates commission, responsible for the transfer, discipline, removal, remuneration and other conditions of service of magistrates, subject to this constitution, shall be established by act of parliament which act shall further describe its powers, functions and duties. further commissions may be established by act of parliament to regulate matters relating to such other lower courts as may be established by act of parliament. article 84. removal of judges from office a judge may be removed from office before the expiry of his or her tenure only by the president acting on the recommendation of the judicial service commission. judges may only be removed from office on the ground of mental incapacity or for gross misconduct, and in accordance with the provisions of sub-article (3) hereof. if the judicial service commission considers that the question of removing a judge of the supreme court or the high court under this article ought to be investigated, it shall establish a tribunal which â�� shall consist of a chairperson and not less than two other members, who hold or have held judicial office; shall enquire into the matter and report on the facts thereof to the judicial service commission; and if the judicial service commission, after due deliberation, advises the president to remove the judge for any reason referred to in sub-article (2), the president must remove such judge from office. if the deliberations of the judicial service commission pursuant to this article involve the conduct of a member of the judicial service commission, such judge shall not participate in the deliberations and the president shall appoint another judge to fill such vacancy. the judicial service commission may, before establishing a tribunal in terms of sub-article (3), recommend to the president to suspend the judge under investigation from office pending the outcome of the enquiry by the tribunal: provided that the president may on the recommendation of the judicial service commission, revoke any suspension. article 85. the judicial service commission there shall be a judicial service commission consisting of the chief justice, the deputy-chief justice, the attorney-general and two members of the legal profession nominated in accordance with the provisions of an act of parliament by the professional organisation or organisations representing the interests of the legal profession in namibia. the judicial service commission shall perform such functions as are prescribed for it by this constitution or any other law. the judicial service commission shall be entitled to make such rules and regulations for the purposes of regulating its procedures and functions as are not inconsistent with this constitution or any other law. any casual vacancy in the judicial service commission may be filled by the chief justice or in his or her absence by the deputy-chief justice. a quorum at a meeting of the judicial service commission shall be three members. article 86. the attorney-general there shall be an attorney-general appointed by the president in accordance with the provisions of article 32(3)(i)(cc) hereof. article 87. powers and functions of the attorney-general the powers and functions of the attorney-general shall be: to exercise the final responsibility for the office of the prosecutor-general; to be the principal legal adviser to the president and government; to take all action necessary for the protection and upholding of the constitution; to perform all such functions and duties as may be assigned to the attorney-general by act of parliament. article 88. the prosecutor-general there shall be a prosecutor-general appointed by the president on the recommendation of the judicial service commission. no person shall be eligible for appointment as prosecutor-general unless such person: possesses legal qualifications that would entitle him or her to practise in all the courts of namibia; is, by virtue of his or her experience, conscientiousness and integrity a fit and proper person to be entrusted with the responsibilities of the office of prosecutor-general. the powers and functions of the prosecutor-general shall be: to prosecute, subject to the provisions of this constitution, in the name of the republic of namibia in criminal proceedings; to prosecute and defend appeals in criminal proceedings in the high court and the supreme court; to perform all functions relating to the exercise of such powers; to delegate to other officials, subject to his or her control and direction, authority to conduct criminal proceedings in any court; to perform all such other functions as may be assigned to him or her in terms of any other law. article 88a. removal of prosecutor-general from office the prosecutor-general may be removed from office before the expiry of his or her term of office by the president acting on the recommendation of the judicial service commission. the prosecutor-general may only be removed from office on the ground of incapacity or for gross misconduct, and in accordance with the provisions of sub-article (3) hereof. if the judicial service commission considers that the question of removing the prosecutor-general under this article ought to be investigated it shall establish a tribunal which â�� shall consist of a chairperson and not less than two other members, who hold or have held judicial office; shall enquire into the matter and report on the facts thereof to the judicial service commission; and if after considering that report, the judicial service commission, after due deliberation, recommends that the president removes the prosecutor-general for any reason referred to in sub-article (2), the president must remove the prosecutor-general from office. chapter 10. the ombudsman article 89. establishment and independence there shall be an ombudsman, who shall have the powers and functions set out in this constitution. the ombudsman shall be independent and subject only to this constitution and the law. no member of the cabinet or the legislature or any other person shall interfere with the ombudsman in the exercise of his or her functions and all organs of the state shall accord such assistance as may be needed for the protection of the independence, dignity and effectiveness of the ombudsman. the ombudsman shall either be a judge of namibia, or a person possessing the legal qualifications which would entitle him or her to practise in all the courts of namibia. article 90. appointment and term of office the ombudsman shall be appointed by proclamation by the president on the recommendation of the judicial service commission. the ombudsman shall hold office until the age of sixty-five (65) but the president may extend the retiring age of any ombudsman to seventy (70). article 91. functions the functions of the ombudsman shall be defined and prescribed by an act of parliament and shall include the following: the duty to investigate complaints concerning alleged or apparent instances of violations of fundamental rights and freedoms, abuse of power, unfair, harsh, insensitive or discourteous treatment of an inhabitant of namibia by an official in the employ of any organ of government (whether central or local), manifest injustice, or conduct by such official which would properly be regarded as unlawful, oppressive or unfair in a democratic society; the duty to investigate complaints concerning the functioning of the public service commission, administrative organs of the state, the defence force, the police force and the correctional service in so far as such complaints relate to the failure to achieve a balanced structuring of such services or equal access by all to the recruitment of such services or fair administration in relation to such services; the duty to investigate complaints concerning the over-utilization of living natural resources, the irrational exploitation of non-renewable resources, the degradation and destruction of ecosystems and failure to protect the beauty and character of namibia; the duty to investigate complaints concerning practices and actions by persons, enterprises and other private institutions where such complaints allege that violations of fundamental rights and freedoms under this constitution have taken place; the duty and power to take appropriate action to call for the remedying, correction and reversal of instances specified in the preceding sub-articles through such means as are fair, proper and effective, including: negotiation and compromise between the parties concerned; causing the complaint and his or her finding thereon to be reported to the superior of an offending person; referring the matter to the prosecutor-general; bringing proceedings in a competent court for an interdict or some other suitable remedy to secure the termination of the offending action or conduct, or the abandonment or alteration of the offending procedures; bringing proceedings to interdict the enforcement of such legislation or regulation by challenging its validity if the offending action or conduct is sought to be justified by subordinate legislation or regulation which is grossly unreasonable or otherwise ultra vires; reviewing such laws as were in operation before the date of independence in order to ascertain whether they violate the letter or the spirit of this constitution and to make consequential recommendations to the president, the cabinet or the attorney-general for appropriate action following thereupon; the duty to investigate vigorously all instances of alleged or suspected misappropriation of public monies by officials and to take appropriate steps, including reports to the prosecutor-general and the auditor-general pursuant thereto; the duty to report annually to the national assembly on the exercise of his or her powers and functions. article 92. powers of investigation the powers of the ombudsman shall be defined by act of parliament and shall include the power: to issue subpoenas requiring the attendance of any person before the ombudsman and the production of any document or record relevant to any investigation by the ombudsman; to cause any person contemptuous of any such subpoena to be prosecuted before a competent court; to question any person; to require any person to cooperate with the ombudsman and to disclose truthfully and frankly any information within his or her knowledge relevant to any investigation of the ombudsman. article 93. meaning of "official for the purposes of this chapter the word "official" shall, unless the context otherwise indicates, include any elected or appointed official or employee of any organ of the central or local government, any official of a para-statal enterprise owned or managed or controlled by the state, or in which the state or the government has substantial interest, or any officer of the defence force, the police force or the correctional service, but shall not include a judge of the supreme court or the high court or, in so far as a complaint concerns the performance of a judicial function, any other judicial officer. article 94. removal from office the ombudsman may be removed from office before the expiry of his or her term of office by the president acting on the recommendation of the judicial service commission. the ombudsman may only be removed from office on the ground of mental incapacity or for gross misconduct, and in accordance with the provisions of sub-article (3) hereof. if the judicial service commission considers that the question of removing the ombudsman under this article ought to be investigated it shall establish a tribunal which â�� shall consist of a chairperson and not less than two other members, who hold or have held judicial office; shall enquire into the matter and report on the facts thereof to the judicial service commission; and if after considering that report, the judicial service commission, after due deliberation, recommends that the president removes the ombudsman for any reason referred to in sub-article (2), the president must remove the ombudsman from office. chapter 10a. anti-corruption measures article 94a. anti-corruption measures the state shall put in place administrative and legislative measures necessary to prevent and combat corruption. there shall be established by an act of parliament an anti-corruption commission with its powers and functions provided for in such act. the anti-corruption commission shall be an independent and impartial body. the anti-corruption commission shall consist of a director-general, a deputy director-general and other staff members of the commission. the national assembly shall appoint the director-general of the anti-corruption commission and the deputy director-general upon nomination by the president. the director-general of the anti-corruption commission and the deputy director-general shall be appointed for a period of five (5) years and their qualifications for appointment and conditions and termination of service shall be determined in accordance with an act of parliament. chapter 10b. electoral commission of namibia article 94b. electoral commission of namibia there shall be an electoral commission of namibia which shall be the exclusive body to direct, supervise, manage and control the conduct of elections and referenda, subject to this constitution, and an act of parliament shall further define its powers, functions and duties. the electoral commission of namibia shall be an independent, transparent and impartial body. the electoral commission of namibia shall consist of five commissioners, including the chairperson, appointed by the president with the approval of the national assembly, and such commissioners shall be entitled to serve for a five (5) year term: provided that no commissioner shall serve more than two (2) terms. subject to sub-article (3), the chairperson shall serve in a full-time capacity for a term of five (5) years and shall be eligible for reappointment. the depository of the records, minutes, documents of the electoral commission of namibia, as well as the electoral and referenda materials shall be the chief electoral and referenda officer. the qualifications for appointment, conditions and termination of service for the chairperson, commissioners and the chief electoral and referenda officer shall be determined in accordance with an act of parliament. chapter 11. principles of state policy article 95. promotion of the welfare of the people the state shall actively promote and maintain the welfare of the people by adopting, inter alia, policies aimed at the following: enactment of legislation to ensure equality of opportunity for women, to enable them to participate fully in all spheres of namibian society; in particular, the government shall ensure the implementation of the principle of non-discrimination in remuneration of men and women; further, the government shall seek, through appropriate legislation, to provide maternity and related benefits for women; enactment of legislation to ensure that the health and strength of the workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter vocations unsuited to their age and strength; active encouragement of the formation of independent trade unions to protect workers' rights and interests, and to promote sound labour relations and fair employment practices; membership of the international labour organisation (ilo) and, where possible, adherence to and action in accordance with the international conventions and recommendations of the ilo; ensurance that every citizen has a right to fair and reasonable access to public facilities and services in accordance with the law; ensurance that senior citizens are entitled to and do receive a regular pension adequate for the maintenance of a decent standard of living and the enjoyment of social and cultural opportunities; enactment of legislation to ensure that the unemployed, the incapacitated, the indigent and the disadvantaged are accorded such social benefits and amenities as are determined by parliament to be just and affordable with due regard to the resources of the state; a legal system seeking to promote justice on the basis of equal opportunity by providing free legal aid in defined cases with due regard to the resources of the state; ensurance that workers are paid a living wage adequate for the maintenance of a decent standard of living and the enjoyment of social and cultural opportunities; consistent planning to raise and maintain an acceptable level of nutrition and standard of living of the namibian people and to improve public health; encouragement of the mass of the population through education and other activities and through their organisations to influence government policy by debating its decisions; maintenance of ecosystems, essential ecological processes and biological diversity of namibia and utilization of living natural resources on a sustainable basis for the benefit of all namibians, both present and future; in particular, the government shall provide measures against the dumping or recycling of foreign nuclear and toxic waste on namibian territory. article 96. foreign relations the state shall endeavour to ensure that in its international relations it: adopts and maintains a policy of non-alignment; promotes international cooperation, peace and security; creates and maintains just and mutually beneficial relations among nations; fosters respect for international law and treaty obligations; encourages the settlement of international disputes by peaceful means. article 97. asylum the state shall, where it is reasonable to do so, grant asylum to persons who reasonably fear persecution on the ground of their political beliefs, race, religion or membership of a particular social group. article 98. principles of economic order the economic order of namibia shall be based on the principles of a mixed economy with the objective of securing economic growth, prosperity and a life of human dignity for all namibians. the namibian economy shall be based, inter alia, on the following forms of ownership: public; private; joint public-private; co-operative; co-ownership; small-scale family. article 99. foreign investments foreign investments shall be encouraged within namibia subject to the provisions of an investment code to be adopted by parliament. article 100. sovereign ownership of natural resources land, water and natural resources below and above the surface of the land and in the continental shelf and within the territorial waters and the exclusive economic zone of namibia shall belong to the state if they are not otherwise lawfully owned. article 101. application of the principles contained in this chapter the principles of state policy contained in this chapter shall not of and by themselves be legally enforceable by any court, but shall nevertheless guide the government in making and applying laws to give effect to the fundamental objectives of the said principles. the courts are entitled to have regard to the said principles in interpreting any laws based on them. chapter 12. regional and local government article 102. structures of regional and local government for purposes of regional and local government, namibia shall be divided into regional and local units, which shall consist of such region and local authorities as may be determined and defined by act of parliament. the delineation of the boundaries of the regions and local authorities referred to in sub-article (1) hereof shall be geographical only, without any reference to the race, colour or ethnic origin of the inhabitants of such areas. every organ of regional and local government shall have a council as the principal governing body, freely elected in accordance with this constitution and the act of parliament referred to in sub-article (1) hereof, with an executive and administration which shall carry out all lawful resolutions and policies of such council, subject to this constitution and any other relevant laws. for the purposes of this chapter, a local authority shall include all municipalities, communities, village councils and other organs of local government defined and constituted by act of parliament. there shall be a council of traditional leaders to be established in terms of an act of parliament in order to advise the president on the control and utilization of communal land and on all such other matters as may be referred to it by the president for advice. article 103. establishment of regional councils the boundaries of regions and constituencies shall be determined by the president by proclamation on the recommendation of the boundaries delimitation and demarcation commission established by article 104(1) in accordance with the principles set out in article 102 (2) hereof. the boundaries of regions and constituencies may be changed, new regions and constituencies may be created and regions and constituencies may be merged but only in accordance with the procedure provided for in sub-article (1). a regional council shall be established for every region the boundaries of which have been determined in accordance with sub-articles (1) and (2) hereof. article 104. boundaries delimitation and demarcation commission there shall be a boundaries delimitation and demarcation commission which shall â�� delimit and demarcate the boundaries of namibia subject to article 1(4); recommend the determination of the boundaries and names of regions, constituencies and local authorities in accordance with this constitution and the provisions of an act of parliament, and shall report thereon to the president. the boundaries delimitation and demarcation commission shall consist of a full-time chairperson and other part-time commissioners as may be appointed by the president with the approval of the national assembly. an act of parliament may further regulate any matter not expressly provided for by this constitution, including the method of arriving at a decision. article 105. composition of regional councils every regional council shall consist of a number of persons determined in accordance with the procedure provided for in article 103(1) for the particular region for which that regional council has been established, and who are qualified to be elected to the national council. article 106. regional council elections each region shall be divided into constituencies the boundaries of which shall be fixed by the boundaries delimitation and demarcation commission in accordance with the provisions of an act of parliament and this constitution: provided that there shall be no fewer than six (6) and no more than twelve (12) constituencies in each region. each constituency shall elect one member to the regional council for the region in which it is situated. the elections shall be by secret ballot to be conducted in accordance with the provisions of an act of parliament, and the candidate receiving the most votes in any constituency shall be the elected member of the regional council for that constituency. all regional council elections for the various regions of namibia shall be held on the same day. the date for regional council elections shall be determined by the president by proclamation in the gazette. article 107. remuneration and allowances and other benefits of members of regional councils members of regional councils are entitled to such remuneration and allowances and other benefits as determined in accordance with an act of parliament. article 108. powers of regional councils regional councils shall have the following powers: to elect members to the national council; to exercise within the region for which they have been constituted such executive powers and to perform such duties in connection therewith as may be assigned to them by act of parliament and as may be delegated to them by the president; to raise revenue, or share in the revenue raised by the central government within the regions for which they have been established, as may be determined by act of parliament; to exercise powers, perform any other functions and make such by-laws or regulations as may be determined by act of parliament. article 109. management committees each regional council shall elect from amongst its members a management committee, which shall be vested with executive powers in accordance with the provisions of an act of parliament. the management committee shall have a chairperson to be elected by the members of the regional council at the time that they elect the management committee, and such chairperson shall preside at meetings of his or her regional council. the chairperson and the members of the management committee shall hold office for two (2) years and six (6) months and shall be eligible for re-election. article 110. administration and functioning of regional councils the holding and conducting of meetings of regional councils, the filling of casual vacancies on regional councils and the manner of appointing staff members the method of determining their conditions of service any other matter relating to their employment and the availing of staff members in the public service by the public service commission to the regional councils, as well as all other matters dealing with or incidental to the administration and functioning of regional councils, shall be determined by act of parliament. an act of parliament may regulate the employment of staff members to perform work for regional councils. the act referred to in sub-article (2) may provide for the employment of staff members by regional councils or may provide that staff members are employed in the public service and may provide for the manner in which staff members employed in the public service are made available to regional councils. the act referred to in sub-article (2) may also provide for the transfer of staff members employed by regional councils to the public service and their subsequent making available to regional councils. the act referred to in sub-article (2) may also provide for any other matter relating to the employment, conditions of service, disciplinary matters of the staff members in question and any matter that is necessary, incidental or ancillary to the employment of the staff members in question. article 110a. regional governors the president shall appoint regional governors as political heads of the regions, and an act of parliament shall further prescribe their powers and functions. regional governors shall serve at the pleasure of the president. subject to this constitution or any other law, a regional governor shall oversee the exercise of any executive function of government in the region for which he or she is the regional governor, and he or she shall be the link between the central government and the regional council, local authorities and traditional leaders in the region concerned. in the performance of his or her functions, a regional governor may in writing require the regional council of the region of which he or she is the regional governor to convene urgent special sessions and address any matter. a regional governor shall attend a meeting of the regional council of the region for which he or she is the regional governor once every year, which meeting shall occur after the president and cabinet attend parliament in terms of article 32(2) hereof. during the meeting referred to in sub-article (5), the regional governor shall address the regional council on the state of the region, planned activities of the central government in the region, report on the activities of the central government of the previous year in the region and be available to respond to questions. the president or the minister responsible for regional government may assign further functions to regional governors and regional governors shall report to the president. article 111. local authorities local authorities shall be established in accordance with the provisions of article 102 hereof. the boundaries of local authorities, the election of councils to administer the affairs of local authorities, the method of electing persons to local authority councils, the methods of raising revenue for local authorities, the remuneration of local authority councilors and all other matters dealing with or incidental to the administration and functioning of local authorities, shall be determined by act of parliament. persons shall be qualified to vote in elections for local authority councils if such persons have been resident within the jurisdiction of a local authority for not less than one (1) year immediately prior to such election and if such persons are qualified to vote in elections for the national assembly. different provisions may be made by the act of parliament referred to in sub-article (2) hereof in regard to different types of local authorities. all by-laws or regulations made by local authorities pursuant to powers vested in them by act of parliament shall be tabled in the national assembly and shall cease to be of force if a resolution to that effect is passed by the national assembly. chapter 13. the public service commission article 112. establishment there shall be established a public service commission which shall have the function of advising the president on the matters referred to in article 113 hereof and of reporting to the national assembly thereon. the public service commission shall be independent and act impartially. the public service commission shall consist of a chairperson and no fewer than three (3) and no more than six (6) other persons nominated by the president and appointed by the national assembly by resolution. every member of the public service commission shall be entitled to serve on such commission for a period of five (5) years unless lawfully removed before the expiry of that period for good and sufficient reasons in terms of this constitution and procedures to be prescribed by act of parliament. every member of the public service commission shall be eligible for reappointment. article 113. functions the functions of the public service commission shall be defined by act of parliament and shall include the power: to advise the president and the government or: the appointment of suitable persons to specified categories of employment in the public service, with special regard to the balanced structuring thereof; the exercise of adequate disciplinary control over such persons in order to assure the fair administration of personnel policy; the remuneration of any such persons; all other matters which by law pertain to the public service; to perform all functions assigned to it by act of parliament; to, if requested by the president to do so, advise the president on the identity, availability and suitability of persons to be appointed by the president to offices in terms of this constitution or any other law. chapter 14. the security commission article 114. establishment and functions there shall be a security commission which shall have the functions to make recommendations to the president on the appointment of the chief of the defence force, the inspector-general of police and the commissioner-general of correctional service; to advise the president on any matter on which the president may require its advice; and to perform such other functions as may be assigned to it by an act of parliament. the security commission shall consist of the chairperson of the public service commission, the chief of the defence force, the inspector-general of police, the head of the intelligence service, the commissioner-general of correctional service and two (2) members of the national assembly, appointed by the president on the recommendation of the national assembly. no decision of the security commission shall be invalid merely as a result of a vacancy on the commission when that decision has been taken. chapter 15. the defence force, the police force, the intelligence service and the correctional service article 115. establishment of the defence force there shall be established by act of parliament a namibian defence force with prescribed composition, powers, duties and procedures, in order to defend the territory and national interests of namibia. the president shall be the commander-in-chief of the defence force and shall have all the powers and exercise all the functions necessary for that purpose. article 116. chief of the defence force there shall be a chief of the defence force who shall be appointed by the president in terms of article 32(4)(c)(aa) hereof. the chief of the defence force shall make provision for a balanced structuring of the defence force and shall have the power to make suitable appointments to the defence force, to cause charges of indiscipline among members of the defence force to be investigated and prosecuted and to ensure the efficient administration of the defence force. article 117. removal of the chief of the defence force the president may remove the chief of the defence force from office for good cause and in the public interest and in accordance with the provisions of any act of parliament which may prescribe procedures considered to be expedient for this purpose. article 118. establishment of the police force there shall be established by act of parliament a namibian police force with prescribed powers, duties and procedures in order to secure the internal security of namibia and to maintain law and order. article 119. the inspector-general of police there shall be an inspector-general of police who shall be appointed by the president in terms of article 32(4)(c)(bb) hereof. the inspector-general of police shall make provision for a balanced structuring of the police force and shall have the power to make suitable appointments to the police force, to cause charges of indiscipline among members of the police force to be investigated and prosecuted and to ensure the efficient administration of the police force. article 120. removal of the inspector-general of police the president may remove the inspector-general of police from office for good cause and in the public interest and in accordance with the provisions of any act of parliament which may prescribe procedures considered to be expedient for this purpose. article 120a. establishment of the intelligence service there shall be established by an act of parliament, an intelligence service with its powers and functions provided for in such act. the act referred to in sub-article (1) may also provide for the title by which the head of the intelligence service shall be known. the president shall appoint the head of the intelligence service in terms of article 32(3)(i)(gg). the head of the intelligence service shall serve at the pleasure of the president and shall assume political responsibility for the control and direction of the intelligence service. the head of the intelligence service shall be the principal advisor to the president and the government on matters relating to national security and intelligence. article 121. establishment of the correctional service there shall be established by act of parliament a namibian correctional service with prescribed powers, duties and procedures. article 122. commissioner-general of correctional service there shall be a commissioner-general of correctional service who shall be appointed by the president in terms of article 32(4)(c)(cc) hereof. the commissioner-general of correctional service shall make provision for a balanced structuring of the correctional service and shall have the power to make suitable appointments to the correctional service, to cause charges of indiscipline among members of the correctional service to be investigated and prosecuted and to ensure the efficient administration of the correctional service. article 123. removal of the commissioner-general of correctional service the president may remove the commissioner-general of correctional service from office for good cause and in the public interest and in accordance with the provisions of any act of parliament which may prescribe procedures considered to be expedient for this purpose. chapter 16. finance article 124. transfer of government assets the assets mentioned in schedule 5 hereof shall vest in the government of namibia on the date of independence. article 125. the state revenue fund the central revenue fund of the mandated territory of south west africa instituted in terms of section 3 of the exchequer and audit proclamation, 1979 (proclamation 85 of 1979) and section 31(1) of proclamation r101 of 1985 shall continue as the state revenue fund of the republic of namibia. all income accruing to the central government shall be deposited in the state revenue fund and the authority to dispose thereof shall vest in the government of namibia. nothing contained in sub-article (2) hereof shall preclude the enactment of any law or the application of any law which provides that: the government shall pay any particular monies accruing to it into a fund designated for a special purpose; or any body or institution to which any monies accruing to the state have been paid, may retain such monies or portions thereof for the purpose of defraying the expenses of such body or institution; or where necessary, subsidies be allocated to regional and local authorities. no money shall be withdrawn from the state revenue fund except in accordance with an act of parliament. no body or person other than the government shall have the power to withdraw monies from the state revenue fund. article 126. appropriations the minister responsible for finance shall, at least once every year and thereafter at such interim stages as may be necessary, present for the consideration of the national assembly estimates of revenue, expenditure and income for the prospective financial year. the national assembly shall consider such estimates and pass pursuant thereto such appropriation acts as are in its opinion necessary to meet the financial requirements of the state from time to time. article 127. the auditor-general there shall be an auditor-general appointed by the president on the recommendation of the public service commission and with the approval of the national assembly. the auditor-general shall hold office for five (5) years unless removed earlier under sub-article (4) hereof or unless he or she resigns. the auditor-general shall be eligible for reappointment. the auditor-general shall audit the state revenue fund and shall perform all other functions assigned to him or her by the government or by act of parliament and shall report annually to the national assembly thereon. the auditor-general shall not be a member of the public service. the auditor-general shall not be removed from office unless a two-thirds majority of all the members of the national assembly vote for such removal on the ground of mental incapacity or gross misconduct. chapter 17. central bank and national planning commission article 128. the central bank there shall be established by act of parliament a central bank of the republic of namibia which shall serve as the state's principal instrument to control the money supply, the currency, and banking institutions and any other financial institutions that may be placed under the supervision of the central bank by act of parliament, and to perform all other functions ordinarily performed by a central bank. the governing board of the central bank shall consist of a governor, deputy-governors and such other members of the board as shall be prescribed by act of parliament, and all members of the board shall be appointed by the president in accordance with procedures prescribed by such act of parliament. nothing in this constitution is construed as to prevent the enactment of any law or as effecting the validity of any law assigning the regulation of institutions that perform financial services to any member of the public by a body other than the central bank. article 129. the national planning commission there shall be established in the presidency a national planning commission, whose task shall be to plan the priorities and direction of national development. there shall be a director-general of planning appointed by the president in terms of article 32(3)(i)(dd) hereof, who shall be the head of the national planning commission and the principal adviser to the president in regard to all matters pertaining to economic planning and who shall attend cabinet meetings at the request of the president. the membership, powers, functions and personnel of the national planning commission shall be regulated by act of parliament. chapter 18. coming into force of the constitution article 130. coming into force of the constitution this constitution as adopted by the constituent assembly shall come into force on the date of independence. chapter 19. amendment of the constitution article 131. entrenchment of fundamental rights and freedoms no repeal or amendment of any of the provisions of chapter 3 hereof, in so far as such repeal or amendment diminishes or detracts from the fundamental rights and freedoms contained and defined in that chapter, shall be permissible under this constitution, and no such purported repeal or amendment shall be valid or have any force or effect. article 132. repeal and amendment of the constitution any bill seeking to repeal or amend any provision of this constitution shall indicate the proposed repeals and/or amendments with reference to the specific articles sought to be repealed and/or amended and shall not deal with any matter other than the proposed repeals or amendments. the majorities required in parliament for the repeal and/or amendment of any of the provisions of this constitution shall be: two-thirds of all the members of the national assembly; and two-thirds of all the members of the national council. 3 notwithstanding the provisions of sub-article (2) hereof, if a bill proposing a repeal and/or amendment of any of the provisions of this constitution secures a majority of two-thirds of all the members of the national assembly, but fails to secure a majority of two-thirds of all the members of the national council, the president may by proclamation make the bill containing the proposed repeals and/or amendments the subject of a national referendum. the national referendum referred to in sub-article (a) hereof shall be conducted in accordance with procedures prescribed for the holding of referenda by act of parliament. if upon the holding of such a referendum the bill containing the proposed repeals and/or amendments is approved by a two-thirds majority of all the valid votes cast in the referendum, the bill shall be deemed to have been passed in accordance with the provisions of this constitution, and the president shall assent to the bill by signing the bill and the bill shall be published as an act in the gazette.. no repeal or amendment of this sub-article or sub-articles (2) or (3) hereof in so far as it seeks to diminish or detract from the majorities required in parliament or in a referendum shall be permissible under this constitution, and no such purported repeal or amendment shall be valid or have any force or effect. nothing contained in this article: shall detract in any way from the entrenchment provided for in article 131 hereof of the fundamental rights and freedoms contained and defined in chapter 3 hereof; shall prevent parliament from changing its own composition or structures by amending or repealing any of the provisions of this constitution: provided always that such repeals or amendments are effected in accordance with the provisions of this constitution. chapter 20. the law in force and transitional provisions article 133. the first national assembly notwithstanding the provisions of article 46 hereof, the constituent assembly shall be deemed to have been elected under articles 46 and 49 hereof, and shall constitute the first national assembly of namibia, and its term of office and that of the president shall be deemed to have begun from the date of independence. article 134. election of the first president notwithstanding the provisions of article 28 hereof, the first president of namibia shall be the person elected to that office by the constituent assembly by a simple majority of all its members. the first president of namibia shall be deemed to have been elected under article 28 hereof and upon assuming office shall have all the powers, functions, duties and immunities of a president elected under that article. notwithstanding article 29(3), the first president of namibia may hold office as president for three terms. article 135. implementation of this constitution this constitution shall be implemented in accordance with the provisions of schedule 7 hereof. article 136. powers of the national assembly prior to the election of a national council until elections for a national council have been held: all legislation shall be enacted by the national assembly as if this constitution had not made provision for a national council, and parliament had consisted exclusively of the national assembly acting on its own without being subject to the review of the national council; this constitution shall be construed as if no functions had been vested by this constitution in the national council; any reference in articles 29, 56, 75 and 132 hereof to the national council shall be ignored: provided that nothing contained in this sub-article shall be construed as limiting in any way the generality of sub-articles (a) and (b) hereof. nothing contained in sub-article (1) hereof shall detract in any way from the provisions of chapter 8 or any other provision of this constitution in so far as they make provision for the establishment of a national council, elections to the national council and its functioning after such elections have been held. article 137. elections of the first regional councils and the first national council the president shall by proclamation establish the first delimitation commission which shall be constituted in accordance with the provisions of article 104 (1) hereof, within six (6) months of the date of independence. such proclamation shall provide for those matters which are referred to in articles 102 to 106 hereof, shall not be inconsistent with this constitution and shall require the delimitation commission to determine boundaries of regions and local authorities for the purpose of holding local authority and regional council elections. the delimitation commission appointed under such proclamation shall forthwith commence its work, and shall report to the president within nine (9) months of its appointment: provided that the national assembly may by resolution and for good cause extend the period within which such report shall be made. upon receipt of the report of the delimitation commission the president shall as soon as reasonably possible thereafter establish by proclamation the boundaries of regions and local authorities in accordance with the terms of the report. elections for local authorities in terms of article 111 hereof shall be held on a date to be fixed by the president by proclamation, which shall be a date within six (6) months of the proclamation referred to in sub-article (4) hereof, or within six (6) months of the date on which the legislation referred to in article 111 hereof has been enacted, whichever is the later: provided that the national assembly may by resolution and for good cause extend the period within which such elections shall be held. elections for regional councils shall be held on a date to be fixed by the president by proclamation, which shall be a date within one (1) month of the date of the elections referred to in sub-article (5) hereof, or within one (1) month of the date on which the legislation referred to in article 106 (3) hereof has been enacted, whichever is the later: provided that the national assembly may by resolution and for good cause extend the period within which such elections shall be held. elections for the first national council shall be held on a date to be fixed by the president by proclamation, which shall be a date within one (1) month of the date of the elections referred to in sub-article (6) hereof, or within one (1) month of the date on which the legislation referred to in article 69(2) hereof has been enacted, whichever is the later: provided that the national assembly may by resolution and for good cause extend the period within which such elections shall be held. article 138. courts and pending actions the judge-president and other judges of the supreme court of south-west africa holding office at the date on which this constitution is adopted by the constituent assembly shall be deemed to have been appointed as the judge-president and judges of the high court of namibia under article 82 hereof on the date of independence, and upon making the oath or affirmation of office in the terms set out in schedule 1 hereof, shall become the first judge-president and judges of the high court of namibia: provided that if the judge-president or any such judges are sixty-five (65) years of age or older on such date, it shall be deemed that their appointments have been extended until the age of seventy (70) in terms of article 82(4) hereof. 2 the laws in force immediately prior to the date of independence governing the jurisdiction of courts within namibia, the right of audience before such courts, the manner in which procedure in such courts shall be conducted and the power and authority of the judges, magistrates and other judicial officers, shall remain in force until repealed or amended by act of parliament, and all proceedings pending in such courts at the date of independence shall be continued as if such courts had been duly constituted as courts of the republic of namibia when the proceedings were instituted. any appeal noted to the appellate division of the supreme court of south africa against any judgment or order of the supreme court of south-west africa shall be deemed to have been noted to the supreme court of namibia and shall be prosecuted before such court as if that judgment or order appealed against had been made by the high court of namibia and the appeal had been noted to the supreme court of namibia. all criminal prosecutions initiated in courts within namibia prior to the date of independence shall be continued as if such prosecutions had been initiated after the date of independence in courts of the republic of namibia. all crimes committed in namibia prior to the date of independence which would be crimes according to the law of the republic of namibia if it had then existed, shall be deemed to constitute crimes according to the law of the republic of namibia, and to be punishable as such in and by the courts of the republic of namibia. pending the enactment of the legislation contemplated by article 79 hereof: the supreme court shall have the same jurisdiction to hear and determine appeals from courts in namibia as was previously vested in the appellate division of the supreme court of south africa; the supreme court shall have jurisdiction to hear and determine matters referred to it for a decision by the attorney-general under this constitution; all persons having the right of audience before the high court shall have the right of audience before the supreme court; three (3) judges shall constitute a quorum of the supreme court when it hears appeals or deals with matters under sub-articles (a) and (b) hereof: provided that if any such judge dies or becomes unable to act after the hearing of the appeal or such matter has commenced, but prior to judgment, the law applicable in such circumstances to the death or inability of a judge of the high court shall apply mutatis mutandis; until rules of the supreme court are made by the chief justice for the noting and prosecution of appeals and all matters incidental thereto, the rules which regulated appeals from the supreme court of south-west africa to the appellate division of the supreme court of south africa, and were in force immediately prior to the date of independence, shall apply mutatis mutandis. article 139. the judicial service commission pending the enactment of legislation as contemplated by article 85 hereof and the appointment of a judicial service commission thereunder, the judicial service commission shall be appointed by the president by proclamation and shall consist of the chief justice, a judge appointed by the president, the attorney-general, an advocate nominated by the bar council of namibia and an attorney nominated by the council of the law society of south-west africa: provided that until the first chief justice has been appointed, the president shall appoint a second judge to be a member of the judicial service commission who shall hold office thereon until the chief justice has been appointed. the judicial service commission shall elect from amongst its members at its first meeting the person to preside at its meetings until the chief justice has been appointed. the first task of the judicial service commission shall be to make a recommendation to the president with regard to the appointment of the first chief justice. save as aforesaid the provisions of article 85 hereof shall apply to the functioning of the judicial service commission appointed under sub-article (1) hereof, which shall have all the powers vested in the judicial service commission by this constitution. article 140. the law in force at the date of independence subject to the provisions of this constitution, all laws which were in force immediately before the date of independence shall remain in force until repealed or amended by act of parliament or until they are declared unconstitutional by a competent court. any powers vested by such laws in the government, or in a minister or other official of the republic of south africa shall be deemed to vest in the government of the republic of namibia or in a corresponding minister or official of the government of the republic of namibia, and all powers, duties and functions which so vested in the government service commission, shall vest in the public service commission referred to in article 112 hereof. anything done under such laws prior to the date of independence by the government, or by a minister or other official of the republic of south africa shall be deemed to have been done by the government of the republic of namibia or by a corresponding minister or official of the government of the republic of namibia, unless such action is subsequently repudiated by an act of parliament, and anything so done by the government service commission shall be deemed to have been done by the public service commission referred to in article 112 hereof, unless it is determined otherwise by an act of parliament. any reference in such laws to the president, the government, a minister or other official or institution in the republic of south africa shall be deemed to be a reference to the president of namibia or to a corresponding minister, official or institution in the republic of namibia and any reference to the government service commission or the government service, shall be construed as a reference to the public service commission referred to in article 112 hereof or the public service of namibia. for the purposes of this article the government of the republic of south africa shall be deemed to include the administration of the administrator-general appointed by the government of south africa to administer namibia, and any reference to the administrator-general in legislation enacted by such administration shall be deemed to be a reference to the president of namibia, and any reference to a minister or official of such administration shall be deemed to be a reference to a corresponding minister or official of the government of the republic of namibia. article 141. existing appointments subject to the provisions of this constitution, any person holding office under any law in force on the date of independence shall continue to hold such office unless and until he or she resigns or is retired, transferred or removed from office in accordance with law. any reference to the attorney-general in legislation in force immediately prior to the date of independence shall be deemed to be a reference to the prosecutor-general, who shall exercise his or her functions in accordance with this constitution. article 142. appointment of the first chief of the defence force, the first inspector-general of police and the first commissioner-general of correctional service the president shall, in consultation with the leaders of all political parties represented in the national assembly, appoint by proclamation the first chief of the defence force, the first inspector-general of police and the first commissioner-general of correctional service. article 143. existing international agreements all existing international agreements binding upon namibia shall remain in force, unless and until the national assembly acting under article 63(2)(d) hereof otherwise decides. chapter 21. final provisions article 144. international law unless otherwise provided by this constitution or act of parliament, the general rules of public international law and international agreements binding upon namibia under this constitution shall form part of the law of namibia. article 145. saving nothing contained in this constitution shall be construed as imposing upon the government of namibia: any obligations to any other state which would not otherwise have existed under international law; any obligations to any person arising out of the acts or contracts of prior administrations which would not otherwise have been recognised by international law as binding upon the republic of namibia. nothing contained in this constitution shall be construed as recognising in any way the validity of the administration of namibia by the government of the republic of south africa or by the administrator-general appointed by the government of the republic of south africa to administer namibia. article 146. definitions unless the context otherwise indicates, any word or expression in this constitution shall bear the meaning given to such word or expression in any law which deals with the interpretation of statutes and which was in operation within the territory of namibia prior to the date of independence. 2 the word "parliament" shall mean the national assembly and, once the first national council has been elected, shall mean the national assembly acting, when so required by this constitution, subject to the review of the national council. any reference to the plural shall include the singular and any reference to the singular shall include the plural. any reference to the "date of independence" or "independence" shall be deemed to be a reference to the day as of which namibia is declared to be independent by the constituent assembly. any reference to the "constituent assembly" shall be deemed to be a reference to the constituent assembly elected for namibia during november 1989 as contemplated by united nations security council resolution 435 of 1978. any reference to "gazette" shall be deemed to be a reference to the government gazette of the republic of namibia. article 147. repeal of laws the laws set out in schedule 8 hereof are hereby repealed. article 148. short title this constitution shall be called the namibian constitution. schedule 1. oath / affirmation of judges "i,................................ do hereby swear/solemnly affirm that as a judge of the republic of namibia i will defend and uphold the constitution of the republic of namibia as the supreme law and will fearlessly administer justice to all persons without favour or prejudice and in accordance with the laws of the republic of namibia. (in the case of an oath) so help me god." schedule 2 part a. oath or affirmation of the vice-president, prime minister and deputy-prime minister â��i, ................................................ do hereby swear/solemnly affirm, that i will strive to the best of my ability to uphold, protect and defend as the supreme law the constitution of the republic of namibia, and faithfully to obey, execute and administer the laws of the republic of namibia; that i will protect the independence, sovereignty, territorial integrity and the material and spiritual resources of the republic of namibia; that i will not divulge directly or indirectly any matters brought before the cabinet and entrusted to me under secrecy; and that i will endeavour to the best of my ability to ensure justice for all the inhabitants of the republic of namibia, to deputise, assist and advise the president, and to perform the duties of my office and the functions entrusted to me by the president conscientiously and to the best of my ability. so help me god. / i so affirm." part b. oath or affirmation of ministers and deputy-ministers "i ............................................... do hereby swear/solemnly affirm that i will be faithful to the republic of namibia, hold my office as minister/deputy-minister with honour and dignity, uphold, protect and defend the constitution and faithfully obey, execute and administer the laws of the republic of namibia, serve the people of namibia to the best of my ability, not divulge directly or indirectly any matters brought before the cabinet and entrusted to me under secrecy, and perform the duties of my office and the functions entrusted to me by the president conscientiously and to the best of my ability. so help me god. / i so affirm.â�� schedule 3. oath / affirmation of members of the national assembly and the national council "i,.................................... do hereby swear/solemnly affirm that i will be faithful to the republic of namibia and its people and i solemnly promise to uphold and defend the constitution and laws of the republic of namibia to the best of my ability. (in the case of an oath) so help me god." schedule 4. election of members of the national assembly for the purpose of filling the ninety-six (96) seats in the national assembly pursuant to the provisions of article 46 (1)(a) hereof, the total number of valid votes cast in a general election for these seats shall be divided by ninety-six (96) and the result shall constitute the quota of valid votes per seat. the total number of votes cast in favour of a registered political party which offers itself for this purpose shall be divided by the quota of votes per seat and the result shall, subject to paragraph (3), constitute the number of seats to which that political party shall be entitled in the national assembly. where the formula set out in paragraph (2) yields a surplus fraction not absorbed by the number of seats allocated to the political party concerned, such surplus shall compete with other similar surpluses accruing to any other political party or parties participating in the election, and any undistributed seat or seats (in terms of the formula set out in paragraph (2)) shall be awarded to the party or parties concerned in sequence of the highest surplus. in the event of a tie of surpluses, and as a result of such tie the undistributed seat(s) cannot be awarded, then the undistributed seat(s) will be awarded by lot. subject to the requirements pertaining to the qualification of members of the national assembly, a political party which qualifies for seats in terms of paragraphs (2) and (3) shall be free to choose in its own discretion which persons to nominate as members of the national assembly to fill the said seats. provision shall be made by act of parliament for all parties participating in an election of members of the national assembly to be represented at all material stages of the election process and to be afforded a reasonable opportunity for scrutinising the counting of the votes cast in such election. schedule 5. property vesting in the government of namibia all property of which the ownership or control immediately prior to the date of independence vested in the government of the territory of south west africa, or in any representative authority constituted in terms of the representative authorities proclamation, 1980 (proclamation ag 8 of 1980), or in the government of rehoboth, or in any other body, statutory or otherwise, constituted by or for the benefit of any such government or authority immediately prior to the date of independence, or which was held in trust for or on behalf of the government of an independent namibia, shall vest in or be under the control of the government of namibia. for the purpose of this schedule, "property" shall, without detracting from the generality of that term as generally accepted and understood, mean and include movable and immovable property, whether corporeal or incorporeal and wheresoever situate, and shall include any right or interest therein. all such immovable property shall be transferred to the government of namibia without payment of transfer duty, stamp duty or any other fee or charge, but subject to any existing right, charge, obligation or trust on or over such property and subject also to the provisions of this constitution. the registrar of deeds concerned shall upon production to him or her of the title deed to any immovable property mentioned in paragraph (1) endorse such title deed to the effect that the immovable property therein described is vested in the government of namibia and shall make the necessary entries in his or her registers, and thereupon the said title deed shall serve and avail for all purposes as proof of the title of the government of namibia to the said property. schedule 6. the national flag of the republic of namibia the national flag of namibia shall be rectangular in the proportion of three in the length to two in the width, tierced per bend reversed, blue, white and green; the white bend reversed, which shall be one third of the width of the flag, is charged with another of red, one quarter of the width of the flag. in the upper hoist there shall be a gold sun with twelve straight rays, the diameter of which shall be one third of the width of the flag, with its vertical axis one fifth of the distance from the hoist, positioned equidistant from the top edge and from the reversed bend. the rays, which shall each be two fifths of the radius of the sun, issue from the outer edge of a blue ring, which shall be one tenth of the radius of the sun. schedule 7. implementation of this constitution on the day of independence, the secretary-general of the united nations shall administer to the president, elected in terms of article 134 hereof, the oath or affirmation prescribed by article 30 hereof. the president shall appoint the prime minister and administer to him or her the oath or affirmation set out in schedule 2 hereof. the president shall administer to the first judges of namibia, appointed under article 138(1) hereof, the oath or affirmation set out in schedule 1 hereof. on the day determined by the constituent assembly the national assembly shall first meet, at a time and at a place specified by the prime minister. the members of the national assembly, with the prim e minister as chairperson, shall: take the oath or affirmation prescribed by article 55 hereof before the judge-president or a judge designated by the judge president for this purpose; elect the speaker of the national assembly. the national assembly, with the speaker as chairperson, shall: elect a deputy-speaker; conduct such business as it deems appropriate; adjourn to a date to be determined by the national assembly. the rules and procedures followed by the constituent assembly for the holding of its meetings shall, mutatis mutandis, be the rules and procedures to be followed by the national assembly until such time as the national assembly has adopted rules of procedure and standing orders under article 59 hereof. schedule 8. repeal of laws south-west africa constitution act, 1968 (act no. 39 of 1968) rehoboth self-government act, 1978 (act no. 56 of 1976) establishment of office of administrator-general for the territory of south west africa proclamation, 1977 (proclamation no. 180 of 1977 of the state president) empowering of the administrator-general for the territory of south-west africa to make laws proclamation, 1977 (proclamation no. 181 of 1977 of the state president) representative authorities proclamation, 1980 (proclamation ag. 8 of 1980) representative authority of the whites proclamation, 1980 (proclamation ag. 12 of 1980) representative authority of the coloureds proclamation, 1980 (proclamation ag. 14 of 1980) representative authority of the ovambos proclamation, 1980 (proclamation ag. 23 of 1980) representative authority of the kavangos proclamation, 1980 (proclamation ag.26 of 1980) representative authority of the caprivians proclamation, 1980 (proclamation ag. 29 of 1980) representative authority of the damaras proclamation, 1980 (proclamation ag. 32 of 1980) representative authority of the namas proclamation, 1980 (proclamation ag. 35 of 1980) representative authority of the tswanas proclamation, 1980 (proclamation ag. 47 of 1980) representative authority of the hereros proclamation, 1980 (proclamation ag. 50 of 1980) representative authority powers transfer proclamation, 1989 (proclamation ag. 8 of 1989) government of rehoboth powers transfers proclamation, 1989 (proclamation ag. 32 of 1989) preamble we, the people of cuba, inspired by the heroism and patriotism of those that fought for a free, independent, sovereign, and democratic homeland of social justice and human solidarity, forged through the sacrifice of our ancestors; by the indigenous peoples who resisted submission; by the slaves that rebelled against their masters; by those that awoke the national conscience and cuban desire for our liberty and homeland; by the patriots that started and participated in our struggles for independence against spanish colonization beginning in 1868 as well as those whose final efforts of 1895 were denied victory with the beginning of the military intervention and occupation of yankee imperialism in 1898; by those that fought for over fifty years against imperialist domination, political corruption, the lack of rights and liberties, unemployment, the exploitation imposed by capitalists, landowners, and other social evils; by those who promoted, participated in, and developed the first organizations of laborers, farm workers, and students; disseminated socialist ideas; and founded the first revolutionary, marxist, and leninist movements; by the members of the vanguard of the generation of the 100th anniversary of martí's birth, who, nourished by his teaching, led us to the victorious popular revolution in january of 1959; by those that, in sacrificing their lives, defended the revolution and contributed to its definitive consolidation; by those that completed heroic international missions together; by the epic resistance and unity of our people; guided by the most advanced revolutionary, anti-imperialist, cuban-marxist, latin american, and universal thought, in particular by the ideal and example of martí and fidel, as well as the social emancipation ideas of marx, engels, and lenin; supported in proletariat internationalism, fraternal friendship, the help, cooperation, and solidarity of the peoples of the world, particularly those of latin america and the caribbean; determined to carry forward the triumphant revolutions of moncada and granma, of the sierra, of the underground struggle, and of girón that, sustained in the contribution and unity of the principal revolutionary forces and the people, conquered full national independence, established revolutionary power, realized the democratic transformations and initiated the construction of socialism; committed to cuba never returning to capitalism as a regime sustained by the exploitation of man by man, and that it is only in socialism and communism that a human being can achieve his or her full dignity; conscious that national unity and the leadership of the communist party of cuba, born through the unitary will of the organizations that decisively contributed to the triumph of the revolution and legitimized by the people, constitute fundamental pillars and guarantees of our economic, social and political order; identified with the tenets displayed in the concept of revolution, as expressed by the commander in chief fidel castro on the 1st of may of the year 2000; we declare our will that the law of the laws of the republic be presided over by this profound yearning, finally achieved by josé martí, "i wish that the first law of our republic be the devotion of the cubans to the full dignity of man;" we adopt by our free and secret vote, through a popular referendum, one hundred and fifty years after our first mambí constitution, approved in guáimaro on april 10, 1869, the following: title i. political foundations chapter i. fundamental principles of the nation article 1 cuba is a democratic, independent and sovereign socialist state of law and social justice, organized by all and for the good of all, as an indivisible and unitary republic, founded by the labor, dignity, humanism, and ethic of its citizens for the enjoyment of liberty, equity, justice, and equality, solidarity, and individual and collective well-being and prosperity. article 2 the name of the cuban state is the republic of cuba, the official language is spanish, and the capital is havana. the national symbols are the flag of the lone star, the bayamo anthem, and the coat of arms of the royal palm. the law defines the characteristics that identify them, their use, and their conservation. article 3 in the republic of cuba, sovereignty resides nontransferably with the people, from which all of the state's power emanates. the people exercise this power directly and via assemblies of people's power and other organs of the state that are derived from them, in the form and according to the norms established by the constitution and the laws. article 4 the defense of our socialist homeland is the greatest honor and the supreme duty of every cuban. treason is the most serious of crimes, whoever should commit treason will be subject to the most severe sanctions. the socialist system that this constitution supports is irrevocable. citizens have the right to combat through any means, including armed combat when other means are not available, against any that intend to topple the political, social, and economic order established by this constitution. article 5 the communist party of cuba, unique, martiano, fidelista, and marxist-leninist, the organized vanguard of the cuban nation, sustained in its democratic character as well as its permanent linkage to the people, is the superior driving force of the society and the state. it organizes and orients the communal forces towards the construction of socialism and its progress toward a communist society. it works to preserve and to fortify the patriotic unity of the cuban people and to develop ethic, moral, and civic values. article 6 the union of young communists, a vanguard organization of the cuban youth, is recognized and supported by the state, contributes to the education of the youth in the revolutionary principles as well as the ethics of our society, and promotes their active participation in the edification of socialism. article 7 the constitution is the supreme norm of the state. all are obliged to comply with it. the orders and acts of the organs of the state, their leaders, functionaries, and employees will act in conformity with that which is prescribed by the constitution. article 8 that which is prescribed in international treaties that are in force for the republic of cuba constitute or form part of national legislative regulations, as applicable. the constitution of the republic of cuba takes priority over international treaties. article 9 all are obligated to strictly adhere to socialist law. furthermore, the organs of the state, their leaders, functionaries, and employees ensure its respect in the lives of all people and act within the limits of their respective responsibilities. article 10 the organs of the state, its leaders, functionaries, and employees are obligated to respect, care for, and respond to the people, to maintain close links with the people, and to submit to their oversight in the forms established by the constitution and the laws. article 11 the state exercises its sovereignty and jurisdiction: over the entire national territory, comprised of the island of cuba, the isla de la juventud, the other adjacent islands and cays, the interior waters, and the extended maritime territories established by the law, the aerospace that extends over these territories, and the radio spectrum; over the environment and the natural resources of the country; over the natural resources, both living and nonliving, of the waters, the seabed, the waters above it, and the subsoil of the sea within the republic's exclusive economic zones according to the territorial extensions set by the law and in accordance with international law, and over the continental shelf as far as the law prescribes and in accordance with international law. likewise, the state exercises jurisdiction in the contiguous zone that corresponds to international law. article 12 the republic of cuba repudiates and considers illegal and void the treaties, concessions, or pacts agreed to under conditions of inequality or that alienate or diminish its sovereignty or territorial integrity. article 13 the state's essential objectives include the following: to channel the efforts of the nation in the construction of socialism and to strengthen national unity; the maintain and to defend the independence, integrity, and the sovereignty of our homeland; to preserve national security; to guarantee effective equality in the enjoyment and exercise of rights, and in compliance with the duties enshrined in the constitution and the laws; to promote sustainable development that secures individual and collective prosperity, and to obtain greater levels of equity and social justice, as well as to preserve and to multiply the achievements of the revolution; to guarantee the dignity of people and their integral development; to strengthen and preserve the ideology and the ethics inherent to our socialist society; to protect the natural, historical, and cultural patrimony of the nation, and to secure the educational, scientific, technical, and cultural development of the country. article 14 the state recognizes and stimulates the social and mass organizations that bring together distinct sectors of the population, that represent their specific interests and that involve them in the tasks that edify, consolidate, and defend the socialist society. the law establishes the general principles that these organizations are based upon and recognizes the practice of other associative forms. article 15 the state recognizes, respects, and guarantees religious liberty. the republic of cuba is secular. in the republic of cuba, the religious institutions and fraternal associations are separate from the state and they all have the same rights and duties. distinct beliefs and religions enjoy equal consideration. chapter ii. international relations article 16 the republic of cuba bases its international relations on the exercise of its sovereignty as well as on the antiimperialist and internationalist principles in accordance with the interests of the people and, in consequence: reaffirms that economic, diplomatic, and political relations with any other state may never be negotiated under the force of aggression, threat, or coercion; ratifies its aspiration for a dignified, true, and valid peace for all states, based on the respect for independence and sovereignty of the people and their right to free determination, expressed in the liberty to choose their political, social, economic, and cultural system as an essential condition to secure peaceful coexistence between nations; sustains the will to observe, without restrictions, the principles and norms that constitute international law, in particular the equality of laws, territorial integrity, the independence of states, the nonuse of threats of force in international relations, international cooperation for mutual and equal benefit and interest, the peaceful resolution of controversies on the basis of equality, respect, and the other principles proclaimed in the united nations charter; reaffirms its will to integrate and collaborate with the countries of latin american and the caribbean; promotes the unity of all third-world countries and condemns imperialism, fascism, colonialism, neocolonialism, and other forms of subjugation in any of its manifestations; promotes the protection and conservation of the environment as well as responding to climate change, which threatens the survival of the human species, through the recognition of common, yet differential, responsibilities; the establishment of a more just and equitable international economic order as well as the eradication of irrational patterns of production and consumption; defends and protects the enjoyment of human rights and repudiates any manifestation of racism or discrimination; condemns direct or indirect intervention in the internal or external affairs of any state and, therefore, also condemns armed aggression, any form of political or economic coercion, unilateral blockades that violate international law, or any other type of interference or threat to the integrity of the states; rejects the violation of the non-renounceable and sovereign right of all states to regulate the use of and the benefits from telecommunications within their territory, according to universal practices and to the international agreements to which cuba belongs; classifies wars of aggression or conquest as an international crime, recognize the legitimacy of battles of national liberation and armed resistance to aggression, and considers it our international duty to act with solidarity with the assaulted party and with the people who fight for their liberation and self-determination; promotes complete and general disarmament and rejects the existence, proliferation, or use of nuclear weapons, weapons of mass destruction or those with similar effects, as well as the development and use of new weapons, including autonomous weapons and new forms of waging war, such as cyberwarfare, that transgress international law; repudiates and condemns terrorism in any of its manifestations, in particular, state terrorism; ratifies our commitment to the construction of a society of information and knowledge centered on the people and oriented towards sustainable development, in which all may create, consult, utilize, and share information and knowledge in order to improve their quality of life; and defends the cooperation of all states and the democratization of cyberspace, and condemns its use and the use of the radio spectrum for purposes contrary to those purposes stated above, including the subversion and destabilization of sovereign nations; bases its relationships with countries that edify socialism on fraternal friendship, cooperation, and mutual assistance; maintains and fosters friendly relations with countries that, despite having a different political, social, and economic system, respect our sovereignty, observe the norms of coexistence between states, and adopt a reciprocal attitude with our country, in accordance with the principles of international law, and promotes multilateralism and multipolarity in international relations, as alternatives to the domination and political, financial, and military hegemony or any other manifestation that threatens peace, independence, and the sovereignty of peoples. article 17 the republic of cuba may concede asylum, in accordance with the law, to those who are persecuted because of their ideals or their fights for national liberation, progressive activities, socialism and peace, democratic rights and its assertions, as well as to those who fight against imperialism, fascism, colonialism, neocolonialism, and any other form of domination, discrimination, or racism. title ii. economic foundations article 18 the republic of cuba is governed by a socialist economic system based on ownership by all people of the fundamental means of production as the primary form of property as well as the planned direction of the economy, which considers, regulates, and monitors the economy according to the interests of the society. article 19 the state directs, regulates, and monitors economic activity, reconciling national, territorial, collective, and individual interests for the benefit of society. socialist planning constitutes the central component of the system of governance for economic and social development. its essential function is to design and conduct strategic development, planning for relevant balances between resources and needs. article 20 workers participate in the processes of economic planning, regulation, management, and monitoring. the law regulates the participation of labor collectives in the administration and management of state-governed business entities and budgetary units. article 21 the state promotes the advance of science, technology, and innovation as indispensable elements of economic and social development. it also implements forms of organization, financing, and management of scientific activity, and fosters the systematic and accelerated introduction of its results into service and production processes, within the appropriate institutional and regulatory framework. article 22 the following are recognized as forms of property: socialist property of the entire population: in which the state acts as a representative and beneficiary of the people as property owner. cooperative property: that which is sustained through the collective labor of partner owners and through the effective exercise of the principles of cooperativism. property of political, social, and mass organizations: ownership that they exercise over their goods designed to fulfill their roles. private ownership: that which is exercised over specific means of production by natural or legal persons, cubans or foreigners; with a complementary role in the economy. mixed property: that which is formed through the combination of two or more forms of ownership. institutional and associative property: that which these groups exercise over their goods for non-profit purposes. personal property: that which is exercised over one's belongings that, without constituting means of production, contribute to the satisfaction of the material and spiritual necessities of their owner. all forms of ownership over means of production interact in similar ways; the state regulates and monitors the way in which they contribute to economic and social development. the exercise and attainment of these forms of ownership are regulated by the law. article 23 the following are socialist property of the people: the lands that do not belong to individuals or cooperatives composed of these individuals, the subterranean areas, mineral deposits, the mines, the forests, the waters, the beaches, the means of communication, and the natural resources both living as well as nonliving within the exclusive economic zone of the republic. these goods may not be transferred as property to natural or legal persons and are governed by principles that render them unalienable, imprescriptible, and unseizable. the transfer of other rights not involving the transfer of property of these goods must have prior approval of the council of state, according to that which is prescribed by law and provided that it is for the purpose of the country's economic and social development and does not affect the political, economic, or social foundations of the state. article 24 socialist property that belongs to the entire population includes other goods, such as general interest infrastructure, key industries, and economic and social facilities, as well as other goods that are strategic for the country's economic and social development. these goods may not be seized and may be transferred as property only in exceptional cases, provided that it is for the purpose of the country's economic and social development and does not affect the political, economic, and social foundations of the state. they require the prior approval of the council of ministers. the transmission of other rights over these goods and their management will take place according to that which is prescribed by law. budgeted institutions and state-governed business entities possess other goods that are socialist property of the entire population, over which the rights that correspond and accord with the provisions of the law are exercised. article 25 the state creates budgeted institutions to accomplish essentially state and social functions. article 26 the state creates and organizes state-governed business entities with the objective of developing economic activities, such as production or the provision of services. these entities act in response to the obligations incurred by their patrimony, which are consistent with the limits determined by the law. the state does not respond to the obligations within the contracts of state-governed business entities, and these entities do not act in response to those of the state. article 27 a socialist state business is the primary subject of the national economy. they have autonomy in their administration and management, perform the primary role in the production of goods and services, and comply with their social responsibilities. the law regulates the principles of their organization and operation. article 28 the state promotes and provides guarantees to foreign investment as an important element for the economic development of the country, which is based upon the protection and the rational use of the natural and human resources as well as respect for national sovereignty and independence. the law establishes regulations with respect to foreign investment within the national territory. article 29 private property over land is regulated by a special framework. leasing, sharecropping, and mortgage loans to individuals are prohibited. the onerous trading or transmission of this good may only be realized in compliance with the requirements established by the law, and without prejudice to the preferential right of the state to the acquisition of land through the payment of a just price. non-onerous transfer of ownership or of rights of use and enjoyment of this property is carried out with prior authorization of the competent authority and in accordance with that which is prescribed in the law. article 30 the concentration of property in natural or legal non-state persons is regulated by the state, which also guarantees an increasingly just redistribution of wealth in order to conserve the limits that are compatible with the socialist values of equity and social justice. the law establishes regulations that guarantee its effective enforcement. article 31 labor is a primordial value in our society. it constitutes a right, a social duty, and a source of honor for all people who are able to work. paid labor must be the principal source of income that sustains dignified living conditions, allows for the improvement of material and spiritual well-being and the realization of individual, collective, and social projects. payment in accordance with the labor performed is complemented by the just and free fulfillment of universal social services and other provisions and benefits. title iii. principles of educational, scientific, and cultural policy article 32 the state orients, fosters, and promotes education, the sciences, and culture in all of their forms. in its educational, scientific, and cultural policy, the state abides by the following tenets: it is based on the advances in science, creation, technology, innovation, thought, and the progressive cuban and universal pedagogical traditions; teaching is a function of the state; it is secular, and based on the contributions of science and on the principles and values of our society; education promotes knowledge of the nation's history and develops a high level of ethical, moral, civic, and patriotic values; it promotes the participation of citizens in the realization of their political, educational, scientific, and cultural policy; it orients, fosters, and promotes physical culture, recreation, and sports in all of their forms as a means of education and a means to contribute to the holistic development of citizens; creative and investigative activity in science is free. scientific and technical research with a focus on development and innovation is encouraged, prioritizing that which is oriented towards solving problems of social concern and that benefit the population; it fosters the education and employment of people required for the development of the country in order to ensure scientific, technological, and innovative capacities; freedom of artistic creation is promoted in all of its expressions, in accordance with the humanist principles upon which the state's cultural policy and the values of socialist society are based; it fosters and develops artistic and literary education, the vocation of creation, the cultivation of art, and the capacity to appreciate it; it defends the cuban identity and culture, and safeguards the artistic, patrimonial, and historic wealth of the nation, and it protects national monuments and locations that are noted for their natural beauty or their recognized artistic or historical value. title iv. citizenship article 33 cuban citizenship is acquired through birth or through naturalization. article 34 a person is a cuban citizen through birth if: they are born within the national territory, with the exception of the children of foreigners that are in the service of their government or an international organization. the law establishes the requirements and the formalities for cases involving the children of foreigners who are not permanent residents within the country; they are born abroad to a cuban mother or father, who were completing an official mission, according to the requirements and formalities established by the law; they are born abroad to a cuban mother or father, having previously complied with the requirements and formalities indicated by the law, or they are born outside the national territory to a mother or father native to the republic of cuba that has lost cuban citizenship, as long as they reclaim it in the form indicated by the law. article 35 a person is a cuban citizen through naturalization if: they are a foreigner that acquires citizenship according to the provisions of the law. having been arbitrarily deprived of their citizenship in their country of origin, they obtain cuban citizenship at the discretion of the president of the republic. article 36 the acquisition of other citizenship does not imply the loss of cuban citizenship. cuban citizens, as long as they are within national territory, are governed by this condition, in the terms established by the law, and may not make use of another citizenship. article 37 neither marriage, civil union, nor legal separation will affect the citizenship of spouses, partners, or children. article 38 cubans may not be deprived of their citizenship, except for legally sanctioned causes. the law establishes the procedure to be followed in order to formalize the loss or renouncement of citizenship as well as the authorities empowered to decide in these cases. article 39 cuban citizenship may be recovered in accordance with the requirements and formalities prescribed by the law. title v. rights, duties, and guarantees chapter i. general provisions article 40 human dignity is the supreme value that underpins the recognition and exercise of the rights and duties enshrined in the constitution, treaties, and laws. article 41 the cuban state recognizes and guarantees to a person the non-renounceable, indivisible, and interdependent enjoyment and exercise of human rights, in correspondence with the principles of progressivity and nondiscrimination. their respect and guarantee are obligatory for all. article 42 all people are equal before the law, receive the same protection and treatment from the authorities, and enjoy the same rights, liberties, and opportunities, without any discrimination for reasons of sex, gender, sexual orientation, gender identity, age, ethnic origin, skin color, religious belief, disability, national or territorial origin, or any other personal condition or circumstance that implies a distinction injurious to human dignity. all people have the right to enjoy the same public spaces and service facilities. likewise, they receive equal salary for equal work, with no discrimination whatsoever. the violation of this principle is proscribed and is sanctioned by law. article 43 women and men have equal rights and responsibilities in the economic, political, cultural, occupational, social, and familial domains, as well as in any other domain. the state guarantees that both will be offered the same opportunities and possibilities. the state encourages the holistic development of women and their full social participation. it ensures the exercise of their sexual and reproductive rights, protects them from gender-based violence in all of its forms and in all spaces, and creates the institutional and legal mechanisms to do so. article 44 the state creates the conditions necessary to guarantee the equality of its citizens. it educates all people from the earliest age possible in the respect of this principle. the state effectuates this right with the implementation of public laws and policies to encourage social inclusion and the safeguard of the rights of people whose condition requires it. article 45 the exercise of these rights of the people are only limited by the rights of others, collective security, general well-being, respect for public order, the constitution, and the laws. chapter ii. rights article 46 all citizens have the right to life, physical and moral integrity, justice, security, peace, health, education, culture, recreation, sports, and to their holistic development. article 47 the people have the right to the free development of their personality and must conduct themselves with respect, fraternity, and solidarity. article 48 all people have the right to personal and familiar privacy, to their own image and voice, their honor, and their personal identity. article 49 the home is an inviolable space. one may not enter in another dwelling without permission of the inhabitants, except through a warrant issued by a competent authority following the legal formalities and for a motive previously defined by the law. article 50 correspondence and other forms of communication between persons are inviolable. they may only be intercepted or registered through a warrant issued by a competent authority in the cases and with the formalities established by the law. documents of information obtained in violation of this principle do not constitute evidence within any legal proceeding. article 51 people may not be subject to forced disappearance, torture, or cruel, inhumane, or degrading treatment or punishment. article 52 people have the right to enter, remain in, travel through, and exit from the national territory, or to change their residence or domicile without any limits other than those established by the law. article 53 all people have the right to request and receive information from the state that is true, objective, and timely, and to access the information generated by organs of the state and its entities, according to the established regulations. article 54 the state recognizes, respects, and guarantees people freedom of thought, conscience, and expression. conscientious objection may not be invoked with the intention of evading compliance with the law or impeding another from the exercise of their rights. article 55 people's freedom of press is recognized. this right is exercised according to the law and for the good of society. the fundamental means of social communication, in any of their forms, are the socialist property of all people or of political, social, and mass organizations, and may not be categorized as any other type of property. the state establishes the principles of organization and operation for all means of social communication. article 56 the rights of assembly, demonstration, and association for legal and peaceful purposes are recognized by the state whenever they are exercised with respect to public order and in compliance with the precepts established by the law. article 57 any person has the right to profess or not profess their religious beliefs, to change them, and to practice the religion of their choice with the required respect to other beliefs and in accordance with the law. article 58 all people have the right to enjoy their personal property. the state guarantees its use, enjoyment, and free disposal, in accordance with what is established in the law. the expropriation of goods is solely authorized for the purpose of attending to reasons of public utility or social interest with the required indemnity. the law establishes the means to determine their utility and necessity, the required guarantees, and the procedure for their expropriation and the form of indemnity. article 59 confiscation of property may only be applied as a sanction issued by a competent authority in the cases and through the procedures determined by the law. when the confiscation of property is ordered in an administrative procedure, a person is always guaranteed the ability to defend their right before the competent courts. article 60 within its penitentiary policy, the state favors the social reintegration of persons deprived of liberty, guarantees the respect for their rights and the compliance with the norms established for their treatment within prison establishments. likewise, it is responsible for the assistance and social reintegration of persons who fulfill their criminal penalties or comply with other measures imposed by the courts. article 61 people have the right to direct complaints and petitions to the authorities, who are obligated to process and respond to them in a timely and pertinent manner that is based on the term and procedure established in the law. article 62 people's intellectual property rights are recognized according to the law and to international treaties. the rights acquired are exercised by the author and owners in compliance with the law and according to public policies. article 63 the state recognizes the right to succession in the case of death. the law regulates its content and scope. article 64 the state recognizes the right to work. any person that is able to work has the right to obtain a dignified employment according to their choice, qualifications, aptitude, and the demands of the economy and society. the state organizes institutions and services that facilitate the ability of working families to carry out their responsibilities. article 65 all people have the right for their work to be remunerated according to its quality and quantity, which expresses the socialist principle of distribution: "from each according to their ability, to each according to their labor." article 66 child labor, performed by children or adolescents, is prohibited. the state grants special protection to adolescents who have graduated from vocational school or others who, in exceptional circumstances defined by the law, are permitted to work with the purpose of guaranteeing their training and holistic development. article 67 workers have the right to a break, which is guaranteed through the eight-hour workday, a weekly break, and annual paid vacations. the law defines other cases in which exceptions may be made to approve alternative workdays or working systems, with the necessary proportion of time devoted to work and breaks. article 68 people who work have a right to social security. the state, through the social security system, guarantees adequate protection when a person finds themselves unable to work due to age, maternity, paternity, disability, or illness. likewise, in accordance with the law, the state protects grandparents or other relatives of minors in their care and attention. in the case of a worker's death or retirement, the state grants similar protection to his or her family, in accordance with that which is established in the law. article 69 the state guarantees the right to safety and health at work through the adoption of suitable means to prevent work-related accidents or illnesses. any person who suffers an accident during their labor or contracts a work-related illness has the right to medical attention, subsidy, or pension in the case of a temporary or permanent incapacity to work, or to other forms of social security protection. article 70 the state, through social assistance, protects persons without resources or shelter, those who are unable to work, those without family members who are able to care for them, and the families that, due to low income, require it, according to the law. article 71 the state recognizes the right to adequate housing and a safe and healthy home for all people. the state works to make this right effective through shelter construction programs, with the participation of entities and of the population, in correspondence with public policies, the norms of territorial and urban order, and the laws. article 72 public health is a right of all people and it is the state's responsibility to guarantee access to quality medical attention, protection, and recovery services, free of charge. the state, in order to effectuate this right, institutes a healthcare system at all levels that is accessible to the population and develops prevention and education programs, in which the society and families contribute. the law defines the mode in which health services are provided. article 73 education is a right of all people and the responsibility of the state, which guarantees free, accessible, and quality education services to its citizens for their holistic development, from preschool until the postgraduate level. the state, in order to effectuate this right, establishes a broad system of educational institutions of all types and education levels, which allows the possibility of attending school during any stage of life according to one's aptitudes and the country's social demands and socioeconomic development needs. society and families have the responsibility of education. the law defines the scope of the obligatory nature of attending school; the basic general preparation that must be minimally acquired; the education of adults and those whose postgraduate or other complementary studies may extraordinarily be remunerated. article 74 people have the right to physical education, sports, and recreation as essential elements of their quality of life. the national education system guarantees the inclusion of teaching and practicing physical education and sports as an integral part of childhood, adolescent, and teenage education. the state works to guarantee the necessary resources dedicated to the promotion and practice of sports and recreation for all people, as well as for the preparation of, attention to, and development of athletic talent. article 75 all persons have the right to enjoy a natural environment that is healthy and stable. the state protects the environment and the country's natural resources. it recognizes their close linkage with the sustainable development of the economy and society to make human life more rational and to ensure the security of current and future generations. article 76 all people have the right to water. the state works to guarantee access to potable water and to its sanitation, with the required compensation and rational use. article 77 all people have the right to a healthy and adequate diet. the state works to achieve the food security of the entire population. article 78 all people have the right to consume quality goods and services that are not counter to their health, the right to access truthful and adequate information about these items, and the right to receive a dignified and equitable treatment in accordance with the law. article 79 all people have the right to participate in the artistic and cultural life of the nation. the state promotes culture and the distinct artistic formats in accordance with cultural policy and the law. article 80 cuban citizens have the right to participate in the formation, exercise, and monitoring of the power of the state, for which purpose they may, in accordance with the laws: be registered within the electoral registry; propose and nominate candidates; elect officials and be elected for office; participate in elections, plebiscites, referendums, popular consultations, as well as other forms of democratic participation; make pronouncements regarding the release of documents or information for the purposes of accountability that are provided by elected officials; revoke the mandate of elected officials; exercise the powers of the legislature as well as the power of constitutional reform; perform public functions or roles, and be informed of the management of the organs and authorities of the state. chapter iii. families article 81 all people have the right to start a family. the state recognizes and protects families, regardless of their structure, as the basic cell of society, and works to guarantee that the holistic achievement of their objectives. they are formed by legal, de facto, or emotional ties, and are based on the equality of rights, duties, and opportunities of its members. legal protection of the diverse types of families is regulated by the law. article 82 marriage is a social and legal institution. it is one of the organizational structures of families. it is based on free consent and on the equality of rights, obligations, and legal capacity of spouses. the law determines how they are constituted and their effects. furthermore, it recognizes the stable and singular union with legal capacity that effectively forms a common life plan that, under the conditions and circumstances indicated in the law, generates the rights and obligations that the law provides. article 83 all children have equal rights. all titles regarding the nature of one's birth are prohibited. the state guarantees, through suitable legal procedures, the determination and the recognition of maternity and paternity. article 84 maternity and paternity are protected by the state. mothers and fathers have essential responsibilities and roles in the holistic education and upbringing them as citizens with moral, ethical, and civic values in correspondence with life within our socialist society. mothers and fathers or other relatives by blood or marriage who perform the roles of guardianship and caretakers have the duty to feed children and adolescents, respect and guarantee the full exercise of their rights, protect them from all types of violence, and contribute actively to the holistic development of their personality. children, in turn, are obligated to respect, care for, and protect their mothers, fathers, and other relatives, in accordance with that which is established by law. article 85 violence within the family, in any of its manifestations, is considered destructive to the people involved, to families, and to society, and is punishable by law. article 86 the state, society, and families grant special protection to children and adolescents in order to guarantee their harmonic and holistic development, keeping their best interests in mind in the decisions and actions that concern them. children and adolescents are considered to have full possession of their rights and enjoy the rights that are recognized in this constitution, in addition to the rights that are specific to their special condition as a developing person. they are protected from all types of violence. article 87 the state, society, and families recognize young people as active participants in society, for which they create the conditions for the full exercise of their rights and their holistic development. article 88 the state, society, and families, in their respective roles, have the obligation to protect, aid, and provide the conditions to satisfy the necessities and improve the quality of life of the elderly. likewise, they are obligated to respect their self-determination, guarantee the full exercise of their rights, and promote their social integration and participation. article 89 the state, society, and families have the obligation to protect, foster, and ensure the full exercise of rights for disabled persons. the state guarantees the required conditions for their rehabilitation or the improvement of their quality of life, their personal autonomy, and their social inclusion and participation. chapter iv. duties article 90 the exercise of the rights and liberties provided for in this constitution implies responsibilities. they are duties of cuban citizens, in addition to the other duties established by this constitution and the laws, are: to serve and defend the homeland; to comply with the constitution and other legal norms; to respect and protect the national symbols; to contribute to the public expenditures in the form established by the law; to demonstrate the required respect to the authorities and their agents; perform military or social services according to the law; to respect the rights of others and to not abuse one's own rights; to conserve, protect, and make rational use of the goods and resources that the state and society provide to the people; to comply with the requirements established for the protection of environmental health and hygiene; to protect the natural resources, flora, and fauna, and to safeguard the preservation of a clean environment, and to protect the country's cultural and historic patrimony, and to act, in one's relations with other people, according to the principle of human solidarity and with respect to the norms of a proper social coexistence. chapter v. the rights and duties of foreigners article 91 foreigners residing in the republic are equal to cubans: in the protection of their person and property; in the obligation to observe the constitution and the law; in the obligation to contribute to the public expenditures in the form and quantity established by the law; in their submission to the jurisdiction and rulings of the courts of justice as well as the authorities of the republic, and in the enjoyment of the rights and compliance with the duties set forth within this constitution under the conditions and within the limits established by the law. the law establishes the cases and the form in which foreigners may be expelled from the national territory as well as the authorities empowered to decide in these cases. chapter vi. guarantees of rights article 92 the state guarantees, in accordance with the law, that people may access judicial bodies in order to obtain effective protection of their rights and legitimate interests. fulfillment of judicial decisions is obligatory and disrespect of these decisions will result in liability for those who violate them. article 93 the state recognizes the right of people to settle their disputes using alternate methods of conflict resolution, in accordance with the constitution and the legal norms that are established for such purposes. article 94 all people, as a guarantee of their legal protection, enjoy due process in the legal sphere as well as the administrative sphere and, consequently, enjoy the following rights: to enjoy equality of opportunities in all processes in which they participate; to receive legal assistance in order to exercise their rights in all processes in which they participate; to provide pertinent means of proof and request the exclusion of those that have been obtained in violation of established law; access to a competent, independent, and impartial trial, when appropriate; to not be deprived of their rights except by the ruling of a competent authority or final judgement of a court; to bring a pertinent action or procedure against the judicial or administrative rulings, when appropriate; proceedings without undue delay, and redress for material and moral damages and compensation for resulting harm. article 95 furthermore, in criminal proceedings, all people have the following guarantees: to not be deprived of liberty, unless by a competent authority and for the legally prescribed amount of time; to have access to legal assistance from the start of the proceedings; to the presumption of innocence until declared guilty through a final sentence of a court; to be treated with respect for their dignity and physical, mental, and moral integrity, and to not be a victim of violence and duress of any kind in order to coerce a testimony; to not testify against oneself, one's spouse, civil partner, or relatives within the fourth degree of consanguinity and second of affinity; to be informed of an accusation against them; to be judged by a legally pre-established court and in virtue of previous laws regarding the crime; to communicate with their relatives immediately, in the case they are arrested or detained. in the case of foreigners, a notification to their consulate will be made, and if they are the victim of a crime, to enjoy protection of the exercise of their rights. article 96 anyone illegally deprived of liberty, of their own account or by a third party, has the right to submit a writ of habeas corpus to a competent court, according to the requirements established in the law. article 97 the state recognizes the right of all people to access their personal information in public registries, archives, or other databases, as well as request its non-disclosure or obtain a due correction, rectification, modification, update, or deletion. the use and treatment of these data is performed according to that which is established in the law. article 98 all people who have suffered undue harm or prejudice by leaders, functionaries, or employees of the state while exercising the duties of their position have the right to issue a complaint and receive the corresponding redress or indemnity as established by the law. article 99 anyone whose rights as enshrined in this constitution are violated and who, as a consequence, has suffered harm or prejudice by organs of the state, its leaders, functionaries, or employees while exercising their duties of their position or by undue oversight of these duties, as well as by individuals or by non-state entities, has the right to issue a complaint with the court to obtain restitution of their rights and, in accordance with the law, the corresponding redress or indemnity. the law establishes the rights protected under this guarantee, and the preferential, expedited, and reduced proceedings to comply with it. article 100 the legal system is governed by the principle of non-retroactivity of laws, except in penal matters when they are favorable to the accused or to the sanctioned person, and in the case of other laws, when they expressly permit it with regard to matters of social interest or public utility, which they must explicate in their content. title vi. the structure of the state chapter i. functional and organizational principles of the organs of the state article 101 the organs of the state are formed and develop their activities upon the foundation of the principles of socialist democracy, which are expressed in the following rules: all the representative organs of state power are elected and renewable; the people monitor the activity of the state organs, their leaders, functionaries, representatives, and delegates, in accordance with that which the law prescribes; elected representatives have the duty to periodically release required documentation regarding the performance of their duties and may be removed from office at any moment; each state organ develops, according to its role and within the framework of its competency, initiatives designed to take advantage of resources and local possibilities and the incorporation of the social and mass organizations to their activity; the orders of the superior state organs are obligatory for the subordinate state organs; the subordinate state organs respond to the superior organs and they submit documentation regarding their management; the liberty of discussion, the exercise of criticism and self-criticism, and the subordination of the minority to the majority govern in all of the collegial state organs, and state organs and their leaders and functionaries act with due transparency. chapter ii. the national assembly of people's power and the council of state section one. the national assembly of people's power article 102 the national assembly of people's power is the supreme organ of the power of the state. it represents the entire population and expresses their sovereign will. article 103 the national assembly of people's power in the only organ with legislative and constituent power within the republic. article 104 the national assembly of people's power is composed of representatives elected through a free, equal, direct, and secret vote of the electors, in the proportion and according to the procedure determined by the law. article 105 the national assembly of people's power is selected for a period of five years. this period may only be extended by the assembly itself through an agreement adopted by a majority of no less than two thirds of the total number of its members in cases of exceptional circumstances that impede the normal process of elections and only while those circumstances persist. article 106 the national assembly of people's power, upon convening a new legislature, selects its president, vice president, and secretary from among its representatives. the law regulates the form and the procedure through which the assembly is constituted, and the election is realized. article 107 the national assembly of people's power elects from among its representatives the council of state, the organ that represents it between one or another period of sessions, executes its agreements, and performs the other functions that the constitution and the law attribute to it. article 108 the following duties correspond to the national assembly of people's power: to agree upon reforms to the constitution, according to that which is established in title xi; to issue a general and obligatory interpretation of the constitution and the laws, in necessary cases, in correspondence with the procedure prescribed by the law; to approve, modify, or derogate the laws and to submit them to the prior consultation of the people when deemed appropriate, with attention to the nature of the legislation concerned; to adopt agreements in correspondence with the laws in force and to ensure and monitor their enforcement; to ensure the constitutionality of the laws, decrees with the force of law, presidential decrees, decrees, and other general provisions in accordance with the procedures prescribed by the law; to ratify decrees with the force of law and agreements of the council of state; to completely or partially revoke decrees with the force of law, presidential decrees, decrees, agreements, and general provisions that contradict the constitution or the laws; to completely or partially revoke the agreements or rulings of the municipal assemblies of the people's power that violate the constitution, the laws, the decrees with the force of law, the presidential decrees, decrees, and other provisions dictated by an organ that is hierarchically superior, or those that affect the interests of other localities or the generals of the country; to discuss and approve the general objectives and methods of the annual plans as well as the country's short-, medium-, and long-term social and economic development; to approve the principles of the management system of economic and social development; to discuss and to approve the budget of the state and to monitor compliance with it; to arrange the monetary, financial, and fiscal systems; to establish, modify, or terminate taxes; to approve the general guidelines of the country's internal and external relations; to declare the state of war or to declare war in the case of military aggression and to approve peace treaties; to establish and to modify the political-administrative division; to approve regimes of administrative subordination, special systems of regulation for municipalities or other territorial demarcations as well as the administrative districts according to that which is established in the constitution and the laws; to appoint permanent or temporary commissions and friendly parliamentary groups; to exercise the highest levels of supervisions over the organs of the state; to be familiar with and to evaluate the reports and analyses of the state business systems that are pertinent due to their size as well as their social and economic transcendence; to be familiar with, evaluate, and to adopt decisions regarding the accountability reports presented to it by the council of state, the president of the republic, the prime minister, the council of ministers, the people's supreme court, the attorney general of the republic, the comptroller general of the republic, and the organizations of the central administration of the state, as well as of the provincial governments; to create or to terminate the organizations of the central administration of the state or to arrange any other organizational method that is appropriate; to grant amnesty; to arrange for the convocation of referendums or plebiscites in the cases prescribed by the constitution and in others that the assembly itself considers appropriate; to agree upon its regulation and that of the council of state, and the other duties conferred to it by this constitution. article 109 the national assembly of people's power, in the exercise of its duties: chooses the president and vice president of the republic; chooses its president, vice president, and secretary; chooses the members of the council of state; designates, at the proposal of the president of the republic, the prime minister; designates, at the proposal of the president of the republic, the deputy prime ministers and other members of the council of ministers; chooses the president of the people's supreme court, the attorney general of the republic and the comptroller general of the republic; chooses the president and the other members of the national electoral council; chooses the vice presidents and the magistrates of the people's supreme court as well as the lay judges of this body; chooses the deputy attorneys general and deputy comptrollers general of the republic; revokes or substitutes the people it has chosen or designated. the law regulates the procedure to make these duties effective. article 110 the national assembly of people's power in its operations is governed according to the following principles: the laws and agreements that it emits, except those exceptions prescribed by the constitution, are adopted by a simple majority vote; it meets for two ordinary periods of sessions each year and for extraordinary sessions when they are convoked by the council of state or requested by one third of their members. the extraordinary sessions will deal with the issues that motivated it; in order to hold its sessions, the presence of more than half of the total number of the members of the assembly is required; and its sessions are public, except when the assembly itself agrees to hold them with closed doors due to the interests of the state. article 111 the following duties correspond to the president of the national assembly of people's power: to comply with and to ensure respect for the constitution and the laws; to preside over the sessions of the national assembly of people's power and the council of state, and to ensure the application of the bylaws of both organs; to convoke the ordinary sessions of the national assembly; to convoke the ordinary and extraordinary sessions of the council of state; to propose the daily agenda of the national assembly and the council of state; to sign laws, decrees with the force of law, and agreements adopted by the national assembly of people's power and the council of the state, as needed, and to issue the publication of the decrees with the force of law and agreements of both organs in the official bulletin of the republic; to direct the international relations of the national assembly of people's power; to direct and to organize the labor of the permanent and temporary commissions that are created by the national assembly of people's power or the council of state, as needed; to direct and to organize the relations of the national assembly of people's power and the council of state with the state organs; to monitor compliance with the agreements of the national assembly of people's power and the council of state; to ensure suitable bonds between the representatives and the electors, and the other duties that this constitution, the national assembly of people's power or the council of state assign to it. article 112 in the case of absence, sickness, or death of the president of the national assembly of people's power, the vice president will serve as a substitute in the president's role in accordance with the law. section two. representatives and commissions of the national assembly of people's power article 113 the representatives have the duty of carrying out their work for the benefit of the interests of the people, to maintain bonds with their electors, to attend to their approaches, proposals, suggestions, criticisms, and to explain the policies of the state to them. additionally, they report on their performance with respect to their duties according to that which is established in the law. the national assembly of people's power adopts the methods that guarantee the suitable bonds of the representatives with their electors and with the local organs of the people's power in the territory in which they were elected. article 114 no representative may be detained nor submitted to a penal process without the authorization of the national assembly of people's power or the council of state if the assembly is not meeting, except in cases of flagrant crime. article 115 serving as a representative does not grant personal privileges nor economic benefits. during the time that they discharge their duties, representatives will receive the same remuneration as their place of work and they will maintain their link to it for the relevant purposes. article 116 representatives' mandate may be revoked at any moment in the form, for the causes, and according to the procedures established in the law. article 117 representatives have the right to ask the council of state, the council of ministers, or the members of one or the other during the sessions of the national assembly of people's power; they also have the right for their questions to receive a response during the sessions during which they are asked or during the next session. article 118 the national assembly of people's power, in order to better exercise its functions, creates temporary and permanent commissions composed of representatives, according to the principles of organization and operation prescribed by the law. article 119 the representatives and the commissions have the right to request that the state organs or entities provide the necessary collaboration for them to carry out their operations, and they are obligated to provide it within the terms established by the law. section three. the council of state article 120 the council of state is collegial, responsible before the national assembly of people's power, and reports to it regarding all of its activities. the decrees with the force of law and agreements that the council of state adopts will be sent for ratification by the national assembly in the upcoming session. article 121 the president, the vice president, and the secretary of the national assembly of people's power are also a part of the council of state, which is composed of the other members selected for it. members of the council of ministers may not be members of the council of state, nor may the highest authorities of the judicial, electoral, or state monitoring organs be members of the council of ministers. article 122 the following duties correspond to the council of state: to ensure the implementation of the constitution and the laws; to give a general and obligatory interpretation, in necessary cases, for the laws in force; to issue decrees with the force of law and agreements; to arrange for the holding of extraordinary sessions of the national assembly of people's power; to agree upon the date of the elections for and convene the periodic renovation of the national assembly of people's power and the municipal assemblies of people's power; to analyze the legal proposals submitted for the consideration of the national assembly of people's power; to mandate the implementation of the agreements of the national assembly of people's power; to suspend the presidential decrees, decrees, agreements, and other provisions that contradict the constitution and the laws, informing the national assembly of people's power in the first session held after said suspension; to suspend the agreements and decrees of the municipal assemblies of the people's power that do not comply with the constitution or the laws, the decrees with the force of law, the presidential decrees, decrees, and other orders issued by competent organs; or those that affect the interests of other localities or the generals of the country, informing the national assembly of people's power in the first session that is held after said suspension; to revoke or to modify the agreements and other orders of the provincial governors or councils that contradict the constitution, the laws, the decrees with the force of law, the presidential decrees, decrees and other dispositions issued by an organ that is superior in rank within the hierarchy, or when they affect the interests of other localities or the general interests of the country; to choose, designate, suspend, revoke, or substitute, between periods of the national assembly of people's power's sessions the individuals that may occupy the roles that this assembly is responsible for deciding, with the exception of the president and vice president of the republic, the president, vice president, and secretary of the national assembly of people's power, the members of the council of the state, and the prime minister. the president of the people's supreme court, the district attorney of the republic, the comptroller general of the republic, and the president of the national electoral council, may only be suspended from the exercise of their responsibilities. in all cases, the council of state informs the national assembly of people's power during its next session of the corresponding actions; to assume, upon the proposal of the president of the republic, the powers to declare the state of war or to declare war in case of aggression or to make peace, which the constitution otherwise attributes to the national assembly of people's power, when it is in recess and may not be convened with the security and urgency required; to give instructions of a general character to the courts through the council of government of the people's supreme court; to create commissions; to ratify and to renounce international treaties; to designate and to remove, upon the proposal of the president of the republic, the chiefs of cuba's diplomatic missions within other states; to exercise the monitoring and supervision of the organs of the state; during the periods that take place between the sessions of the national assembly of people's power, to create or terminate the organizations of the central administration of the state or to arrange any other organizational means that is deemed proper; to approve the methods of foreign investment that correspond to it; to examine and approve, between periods of the national assembly of people's power's sessions, the adjustments that are necessary to realize the budgetary provisions of the state; to coordinate and to guarantee the activities of the representatives and of the permanent or temporary working commissions of the national assembly of people's power, and the other powers conferred by this constitution and the laws established by the national assembly of people's power. article 123 all decisions of the council of the state are adopted by a simple majority vote of its members. article 124 the mandate entrusted to the council of the state by the national assembly of people's power expires once the new council of state elected in virtue of the council's periodic renovations takes office. chapter iii. the president and vice president of the republic article 125 the president of the republic is the chief of state. article 126 the president of the republic is elected by the national assembly of people's power from among its representatives, for a period of five years, reports to the assembly, and is responsible for the management of the assembly. to be elected president of the republic an absolute majority vote is required. the president of the republic may exercise the role for two consecutive periods, after which a person may not run for office again. article 127 to be president of the republic, one must have reached the age of thirty-five, enjoy full civil and political rights, be a cuban citizen by birth, and not possess any other citizenship. one must also be under the age of sixty in order to be elected to a first term in office. article 128 the following duties correspond to the president of the republic: to comply with and ensure respect for the constitution and the laws; to represent the state and to direct its general policies; to direct in matters related to foreign policy, relations with other states, and with regard to the defense and security of the nation; to sign the laws emitted by the national assembly of people's power, and to arrange for their publication in the official gazette of the republic in accordance with the law; to present to the national assembly of people's power, upon election by this body, in that session or the following session, the members of the council of ministers; to propose to the national assembly of people's power or to the council of state, according to whom the matter corresponds, the selection, designation, suspension, revocation, or substitution of persons occupying the roles of the prime minister, the president of the people's supreme court, the attorney general of the republic, the comptroller general of the republic, the president of the national electoral council, and the members of the council of ministers; to propose to the appropriate delegates of the municipal assemblies of people's power the election or revocation of provincial governors and deputy governors; to be familiar with, evaluate, and adopt decisions regarding the reports presented by the prime minister documenting his or her management, as well as those of the council of ministers, or those of the executive committee; to discharge the duties of commander in chief of the armed forces and to determine their general organization; to preside over the council of national defense and to propose to the national assembly of people's power or to the council of state, as necessary, to declare the state of war or war in cases of military aggression; to order a general mobilization when the defense of the country requires it, as well as to declare a state of emergency or a situation of disaster, in the cases prescribed by the constitution, giving notice of the decision as soon as possible to the national assembly of people's power or to the council of state; in the event that they may not be convened, the proper legal remedies will be applied; to promote in rank and role the top officials within the hierarchy of the military institutions of the nation and to order their cessation, in accordance with the procedure prescribed by the law; to decide, in appropriate cases, on the granting of cuban citizenship, to accept renunciations, and to issue orders regarding the loss of cuban citizenship; to propose, in accordance with the provisions of this constitution and the law, the suspension, modification, or revocation of the orders and agreements of the organs of the state that contradict the constitution or the laws, or that affect the general interests of the country; to issue, in the exercise of the office's powers, presidential decrees and other orders; to create commissions or temporary working groups for the realization of specific projects; to propose to the council of the state the designation or removal of the chiefs of cuba's diplomatic missions within other states, organisms, or international organizations; to concede or to retract the rank of the ambassador of the republic of cuba; to grant decorations and honorific titles; to grant or to deny, on behalf of the republic of cuba, the approval of heads of diplomatic missions from other states; to receive the credentials of the chiefs of foreign missions. the vice president may assume this function in exceptional circumstances; to grant pardons and to request concessions of amnesty from the national assembly of people's power; to participate by his or her own right in the meetings of the council of state and to convene them when deemed necessary; to preside over the meetings of the council of ministers or the executive committee, and the other powers that are assigned through this constitution and the laws. article 129 to be vice president of the republic, one must have reached the age of thirty-five, be in full enjoyment of their civil and political rights, be a cuban citizen through birth and not possess any other citizenship. the vice president is elected in the same form and for the same period and mandate limit as the president of the republic. article 130 the vice president of the republic performs the responsibilities and possesses the powers delegated or assigned by the president of the republic. article 131 in the case of absence, illness, or the death of the president of the republic, the vice president will temporarily substitute for the president. in the case of a definite absence, the national assembly of people's power will choose the new president of the republic. while the role of the vice president of the republic remains vacant, the national assembly of people's power will select a substitute. if the absence is definitive, both in the case of the president or in the case of the vice president of the republic, the national assembly of people's power will select their substitutes. until an election is realized, the president of the national assembly of people's power will assume, during the interim, the role of the president of the republic. the law regulates the procedures for substitution in these cases. article 132 the president and the vice president of the republic remain in office until the election of their successors takes place within the national assembly of people's power. chapter iv. the government of the republic section one. the council of ministers article 133 the council of ministers is the maximum executive and administrative organ and it constitutes the government of the republic. article 134 the council of ministers is composed of the prime minister, the deputy prime ministers, the ministers, the secretary, and the other members determined by the law. the secretary general of the workers' central union of cuba will participate in the sessions of the council of ministers by his or her own right. article 135 the prime minister, the deputy prime ministers, the secretary, and other members of the council of ministers determined by the president of the republic will compose the executive committee. the executive committee may make decisions regarding the questions sent to the council of ministers during the periods that take place between its sessions. article 136 the council of ministers is responsible and must periodically submit reports of its activities to the national assembly of people's power. article 137 the following duties correspond to the council of ministers: to comply with and ensure compliance with the constitution and the laws; to organize and to direct the execution of the political, economic, cultural, scientific, social, and defense activities agreed to by the national assembly of people's power; to propose the general goals and objectives for the development of the state's short-, medium-, and long-term social and economic development plans of the state, and, once they have been approved by the national assembly of people's power, to organize, direct, and monitor their execution; to approve and to submit international treaties for the ratification of the council of state; to direct and to monitor foreign commercial relations as well as foreign investment; to prepare the budget of the state and, once approved by the national assembly of people's power, to ensure its execution; to implement and to demand compliance with the approved objectives in order to strengthen the monetary, financial, and fiscal systems; to prepare legislative proposals and to submit them for the consideration of the national assembly of people's power of the council of state, as appropriate; to provide for the national defense, the maintenance of internal security and order, and the protection of citizens' rights, as well as to safeguard lives and property in case of disaster; to direct the administration of the state, as well as to unify, coordinate, and supervise the activity of the organizations of the central administration of the state, the national entities, and the local administrations; to evaluate and adopt decisions regarding the reports provided by the provincial governments; to create, modify, or terminate subordinate or appointed entities of the council of ministers and, when appropriate, of the organizations of the central administration of the state; to orient and to monitor the management of the provincial governors; to approve or to authorize the appropriate forms of foreign investment; to execute the laws and agreements of the national assembly of people's power, as well as the decrees with the force of law and the decrees of the council of state, presidential decrees, and, in necessary cases, to regulate them as appropriate; to issue decrees and agreements with a foundation in and in compliance with the laws in force and to monitor their implementation; to propose to the council of state the suspension of the agreements of the municipal assemblies of people's power that contravene the law and other policies in force or that affect the interests of other communities or the general interest of the country; to suspend the agreements and other policies of the provincial councils and the other councils of the municipal administrations that are not in accordance with the constitution, laws, decrees with the force of law, presidential decrees, decrees, or other policies of the superior organs, or when they affect the interests of other localities or the general interests of the country, reporting to the council of state or to the national assembly of people's power, for the corresponding purposes as appropriate; to revoke completely or partially the policies issued by provincial governors when they contravene the constitution, the laws, the decrees with the force of law, presidential decrees, decrees, or other policies issued by competent organs, or those that affect the interests of other localities or the general interests of the country; to revoke completely or partially the policies of the chiefs of the state's central administration organizations when they contravene the higher norms that they are obligated to comply with; to create the commissions deemed necessary to facilitate compliance with the tasks assigned to it; to designate or to substitute leaders and functionaries in accordance with the powers conferred by the law; to submit its statutes for the approval of the national assembly of people's power or of the council of state, and the other duties conferred to it through the constitution, the laws, or assigned by the national assembly of people's power or by the council of state. article 138 the council of ministers is collegial and its decisions are adopted through a simple majority vote of its members. article 139 the council of ministers remains in office until the government within the new legislature is designated. section two. the prime minister article 140 the prime minister is the head of government of the republic. article 141 the prime minister is designated by the national assembly of people's power, upon the proposal of the president of the republic, for a period of five years. to be designated as the prime minister, one must obtain an absolute majority vote in favor. article 142 the prime minister is responsible before the national assembly of people's power and before the president of the republic, to whom the prime minister must report to and inform of his or her activities, those of the council of ministers or of its executive committee, on the occasions indicated to the prime minister. article 143 to be prime minister, one must be a representative within the national assembly of people's power, have reached the age of thirty-five, be in full enjoyment of the civil and political rights, be a cuban citizen through birth, and not possess any other citizenship. article 144 the following duties correspond to the prime minister: to comply with and to ensure respect for the constitution and the laws; to represent the government of the republic; to convene and to direct the sessions of the council of ministers or its executive committee; to attend to and to monitor the performance of the activities of the state's central administration organizations, the national entities, or the local administrations; to assume, temporarily and under extraordinary circumstances, the direction of any of the state's central administration organizations; to notify the president of the republic when the pertinent organizations are interested in replacing members of the council of ministers and, in each case, to propose the corresponding replacement; to monitor the labor of the heads of the state's central administration organizations; to deliver instructions to the provincial governors and monitor their implementation; to adopt, in exceptional circumstances, decisions regarding the executive-administrative issues within the competency of the council of ministers, when the urgent character of the situation or the issue to solve require it, informing this body or its executive committee of the decision after the fact; to designate or to substitute leaders or functionaries, in accordance with the powers conferred by the law; to sign legal orders adopted by the council of ministers or by its executive committee and to make them available by publication in the official gazette of the republic; to create commissions or temporary working groups for the realization of specific projects, and any other duty assigned by the constitution and the laws. section three. members of the council of ministers article 145 the following duties correspond to the members of the council of ministers: to represent the council of ministers or the prime minister under circumstances that demand it; to comply with the agreements and other decrees of the council of ministers and its executive committee that correspond to them and to report to the prime minister regarding their compliance; to complete the tasks assigned to them by the prime minister and to exercise the duties that, in each case, are delegated to them; to manage the matters and projects pertaining to the ministry or organizations under their supervision, issuing the necessary resolutions and decrees; to issue, where it is not the express function of another state organ, the provisions required for the execution and application of the laws, decrees with the force of law, and other provisions that concern them; to attend the council of ministers sessions, with full voting rights, and present proposals for laws, decrees with the force of law, decrees, resolutions, agreements, or any other proposal deemed appropriate; to designate or substitute executives and functionaries with the powers granted to them under the law, and any other duty assigned to them by the constitution and the laws. section four. the state's central administration article 146 the number, denomination, mission, and functions of the ministries and other organizations that form part of the central administration of the state are determined by law. chapter v. the tribunals of justice article 147 the function of imparting justice emanates from the people and is exercised in their name by the people's supreme court as well as the other tribunals that are established by the law. the law establishes the objective principles of the judiciary's activity and regulates the organization of the courts; the jurisdiction and the extension of their competencies; the form in which they are constituted in order to administer justice; the participation of the lay judges; the requirements to serve as a magistrate within the people's supreme court or as a judge; the form of election of these as well as the causes and procedures for the removal or the cessation of their functions. article 148 the courts constitute a system of state organs, structured with functional independence from any other. the people's supreme court exercises the maximum judicial authority and its decisions are definitive. through its council of government, it does not exercise the legislative initiative or the regulatory power, it makes decisions and dictates norms that all courts are obligated to comply with, and, based upon their experiences, it imparts obligatory instructions to establish a uniform judicial practice in the interpretation and application of the law. article 149 the magistrates and lay judges of the people's supreme court are elected by the national assembly of people's power or by the council of state. the law determines the election of other judges. article 150 the magistrates and judges, in their function of imparting justice, are independent and do not owe obedience except to the law. additionally, they are irremovable from their position as long as there are no concurrent legal actions for the cessation of their duties or removal from their office. article 151 the sentences and other final resolutions of the courts, issued within the limits of their competence, must be obligatorily obeyed by the organs of the state, the entities, and the citizens; both those who are directly affected by them as well as those without a direct interest in their execution must take part in them. article 152 in the judicial proceedings in which the lay judges participate, they have the same rights and duties as the professional judges. the performance of their judicial duties, given their social importance, has priority with respect to their habitual occupation. article 153 the audiences of all courts are public, except in cases in which state security, morality, public order, or respect for the person harmed by the crime or their family necessitate that they are held behind closed doors. article 154 the people's supreme court reports to the national assembly of people's power regarding the results of its activities in the form and with the frequency established by the law. article 155 the ability to remove magistrates or judges corresponds to the organ that elects them. chapter vi. the attorney general of the republic article 156 the attorney general of the republic is the organ of the state that has, as its fundamental mission, the exercise of oversight over criminal investigations and the exercise of the public penal action in representation of the state; additionally, the attorney general ensures that the organs of the state, the entities, and the citizens observe strict compliance with the constitution, the laws and other legal provisions. the law determines the other objectives and functions, as well as the form, extension, and opportunity in which the attorney general will exercise the powers of the office. article 157 the attorney general of the republic constitutes an organic, indivisible, and functionally independent unit that is subordinate to the president of the republic. the management and regulation of the activity of the attorney general's office throughout the entire national territory corresponds to the attorney general of the republic. the organs of the attorney general's office are organized vertically throughout the country, are subordinate only to the attorney general of the republic and are independent of all local organs. article 158 the attorney general of the republic and the deputy attorneys general are elected and may be removed by the national assembly of people's power or by the council of state. article 159 the attorney general of the republic reports to the national assembly of people's power regarding his or her performance in the form and with the frequency established by the law. chapter vii. the comptroller general of the republic article 160 the comptroller general of the republic is the organ of the state whose fundamental mission is to ensure the proper and transparent administration of public funds and the superior monitoring of administrative management. the law regulates the other functions and aspects related to the comptroller general's performance of his or her duties. article 161 the comptroller general of the republic has functional independence with respect to any other organ, is vertically structured throughout the country and is subordinate to the president of the republic. the comptroller general of the republic is its maximum authority and the management and regulation of the comptroller's activity throughout the country corresponds to this office. article 162 the comptroller general of the republic reports to the national assembly of people's power regarding his or her performance in the form and with the frequency prescribed by the law. article 163 the comptroller general of the republic and the deputy comptrollers general are elected or removed by the national assembly of people's power or the council of state. chapter viii. regulatory provisions section one. legislative initiative article 164 the initiative of the laws pertains to: to the president of the republic; to the representatives of the national assembly of people's power; to the council of state; to the council of ministers; to the commissions of the national assembly of people's power; to the national council of the workers' central union of cuba and to the national leadership of other social and mass organizations; to the council of government of the people's supreme court, with regards to issues pertaining to the administration of justice; to the attorney general of the republic with regard to issues within the attorney general's competence; to the comptroller general of the republic with regard to issues within the comptroller general's competence; to the national electoral council, with regard to electoral matters, and to the citizens. in this case it will be an indispensable requirement that initiative is exercised by a minimum of ten thousand electors the law establishes the procedure to make its exercise effective. section two. formulation, publication, and taking effect article 165 the laws and decrees with the force of laws issued by the national assembly of people's power or the council of state, as appropriate, take effect on the date that, in each case, the respective regulatory provision determines. laws, decrees with the force of laws, presidential decrees, decrees, resolutions, and other provisions of general interest issued by the competent organs are published in the official bulletin of the republic. the law establishes the procedure for the formulation and publication of these regulatory provisions, as well as when they will take effect. title vii. the territorial organization of the state article 166 the national territory, for political and administrative purposes, is divided into provinces and municipalities; their number, limits, and denomination are established by the law. the law may establish other divisions or attribute regimes of administrative subordination and systems of special regulation to the municipalities or other territorial demarcations as it determines, based on their geographic location or their economic and social importance. in all cases, the representation of the people through the organs of people's power must be guaranteed. administrative districts may be organized within the municipalities, in accordance with the law. article 167 provinces enjoy legal personhood with all the legal effects thereof and are organized by the law as an intermediate level between the central state structures and the municipalities. the have a territorial extension that is equivalent to the total of the municipal territories within their territorial demarcation, which is under the direction of the provincial government of people's power. article 168 the municipality is the local society, organized by the law, that constitutes the primary fundamental political-administrative unit in the organization of the nation; a municipality enjoys autonomy and legal personhood, including all the legal effects thereof, with a territorial extension determined according to the necessary economic and social relations of its population as well as the interests of the nation, with the purpose of satisfactorily achieving the local necessities. a municipality is supported through its own funds in addition to allocations that it receives from the government of the republic for the purposes of the economic and social development of its territory, and for other goals of the state, under the direction of a municipal assembly of people's power. article 169 the autonomy of the municipality includes the election or designation of its authorities, the ability to decide how to use its resources, and the exercise of corresponding competencies, as well as to issue agreements and regulatory provisions necessary to exercise its powers in accordance with the constitution and the laws. the autonomy is exercised in accordance with the principles of solidarity, coordination, and collaboration with the other territories of the country and without harming the interests of the nation. title viii. local organs of people's power chapter i. the provincial government of people's power section one. general provisions article 170 each province is governed by a provincial government of people's power which works closely with the people and is composed of a governor and a provincial council. article 171 the provincial government of people's power represents the state and its fundamental mission is to work for the social and economic development of the territory, in accordance with the general objectives of the country and to act as a coordinator between the state's central structures and the municipalities, for which the provincial government contributes to harmonizing the interests of the province and its municipalities, and exercises the duties and functions recognized by the constitution and the laws. article 172 the provincial government of people's power assists with the development of activities as well as with the implementation of the plans of the entities established within its territory that are not subordinate to it, in accordance with that which is outlined in the constitution and the laws. article 173 the provincial government of people's power, in the exercise of its functions and duties, may not assume nor interfere in those that, according to the constitution and the laws, are powers granted to the municipal organs of people's power. section two. the provincial governor and deputy provincial governor article 174 the governor is the maximum executive-administrative authority within the province. article 175 the governor is elected by delegates of the municipal assemblies of people's power, upon the proposal of the president of the republic, for a period of five years and in accordance with the procedures established in the law. article 176 in order to serve as a governor, one must be a cuban citizen by birth and may not possess any other citizenship, have reached the age of thirty, reside within the province, and be in full enjoyment of his or her civil and political rights. article 177 the governor is responsible before the national assembly of people's power, the council of state, the council of ministers, and the provincial council, to whom the governor must report and provide information regarding his or her performance at the opportunity and with regard to the issues that they request. article 178 the governor organizes and directs the provincial administration for which he or she is assisted by the appropriate administrative entity. the law determines the creation, structure, and functioning of the provincial administration, as well as its relations with the national and municipal organs of people's power. article 179 the following duties correspond to the governor: to comply with, and ensure compliance with, the constitution and the laws; to convene and preside over the meetings of the provincial council; to direct, coordinate, and monitor the labor of the organizing structures of the provincial administration and, within the area of his or her competence, to issue regulatory provisions and adopt the corresponding decisions; to call for and to monitor the implementation of the economic development plan as well as the implementation of the province's budget, in accordance with the policy agreed to by the competent national organs; to call for and to monitor the implementation of the territorial and urban development and organization plans; to designate and to substitute the leaders and functionaries of the provincial administration, and to submit for the ratification of the provincial council those cases that are prescribed by the law; to present to the council of ministers, with prior agreement of the provincial council, the policy proposals that contribute to the province's holistic development; to inform the council of ministers, with prior agreement of the provincial council, of those decisions of the superior organs that affect the interests of the community or are considered to have overstepped the authority of those that adopted them; to suspend the agreements and orders of the councils of the municipal administration that do not conform with the constitution, the laws, decrees with the force of law, presidential decrees, and other acts of the organs of the state, or when they affect the interests of other localities or the general interests of the country, informing the respective municipal assembly of people's power during the first session held after said suspension occurs; to revoke or to modify the decrees that are adopted by the administrative provincial authorities that answer to it that contravene the constitution, the laws, and other orders that are in force, or those that affect the interests of other communities or the general interests of the country; to create temporary commissions or working groups; to arrange for the publication of the agreements of the provincial council that are of a general interest and to monitor their implementation, and the other duties that the constitution or the laws assign to it. article 180 the deputy governor is elected in the same way, for the same period, and must meet the same requirements as the governor. article 181 the deputy governor performs the tasks delegated or assigned by the governor. additionally, the deputy governor replaces the governor in the case of absence, illness, or death, in accordance with the procedure prescribed in the law. section three. the provincial council article 182 the provincial council is a deliberative and collegial organ that performs the functions prescribed within this constitution and the laws. its decisions are adopted through a favorable vote of a simple majority of its members. the provincial council is presided over by the governor and is composed of the deputy governor, the presidents and vice presidents of the corresponding local assemblies of people's power, and the municipal mayors. article 183 the provincial council holds its ordinary sessions with the frequency established by the law, and the extraordinary sessions are held when they are convened by the governor or requested by more than half of the members of the provincial council. article 184 the following duties correspond to the provincial council: to comply with, and, with respect to matters concerning the council, to ensure compliance with, the constitution and the laws adopted by the competent state organs, as well as with the provincial council's own agreements; to approve and to monitor, with regard to that which corresponds to it, the economic plan as well as the budget of the province; to adopt agreements within the framework of the constitution and the laws; to orient and to coordinate the political, economic, cultural, scientific, social, defense, and public order activities provided for by the state; to evaluate the results of the municipal administration's management and approve the actions to be realized; to approve policy proposals that contribute to the province's holistic development, before their presentation to the council of ministers; to reach decisions, upon the governor's request, on matters regarding the competent organs that affect the community's interests or are considered to have overstepped the authority of those that adopted them; to periodically analyze the provincial and municipal entities' attention to the proposals of the electors within their territory as well as the complaints or requests of the population; to make recommendations to the governor regarding his or her reports and other issues for which the governor consults the provincial council; to propose the suspension of agreements or provisions of the municipal assemblies of people's power within their territory to the council of state, when the municipal assemblies' acts contravene the superior legal norms or otherwise affect the interests of the community; to propose the revocation or modification of the agreements or orders of the municipal assemblies of people's power within their territory to the national assembly of people's power when the municipal assemblies' acts contravene the superior legal norms or otherwise affect the interests of the community; to create commissions or temporary working groups, and the other duties that the constitution or the laws assign to it. chapter ii. municipal organs of the people's power section one. the municipal assembly of people's power article 185 the municipal assembly of people's power is the superior organ or the state within the locality and, in consequence, it is invested with the highest authority within its territory; in order to do this, it will exercise the duties that the constitution and the laws assign to it within the areas of its competence. article 186 the municipal assembly of people's power is composed of the representatives elected within each of the districts into which its territory is divided into for electoral purposes through the free, equal, direct, and secret vote of the electors. article 187 the municipal assembly of people's power with be renewed every five years, which is the term during which its representatives will hold office. this mandate may only be extended through a decision of the national assembly of people's power, in the cases prescribed by the constitution. article 188 upon its creation, the municipal assembly of people's power will elect its president and vice president and designate its secretary, from among its representatives and in accordance with the requirements and the procedure prescribed by the law. the president of the municipal assembly of people's power represents the state within its territory. the law establishes the duties of the president, the vice president, and the secretary of the municipal assembly of people's power. article 189 the ordinary and extraordinary sessions of the municipal assembly of people's power are public, except in cases that the council agrees to hold behind closed doors, due to the interests of the state or due to the issue under consideration referring to the honor of the people involved. article 190 during the sessions of the municipal assembly of people's power, a quorum of more than half the total members must be present. the assembly's agreements are adopted by a simple majority vote. article 191 the following duties correspond to the municipal assembly of people's power: to comply with and ensure compliance with the constitution and other general regulatory provisions; to approve and oversee, as appropriate, the economic plan, the budget, and the holistic development of the municipality; to approve the urban and territorial development plans, and to oversee their implementation; to select, designate, revoke, or substitute the president, vice president, and secretary of the assembly, as necessary; to designate or to substitute the municipal mayor, upon the proposal of the president of the municipal assembly; to designate or to substitute the rest of the members of the municipal administration, upon the proposal of the mayor; to adopt agreements and to enact regulatory provisions within the area of its competency with regard to matters of municipal interest, and to ensure their realization; to monitor and to oversee the activities of the council of the administration of the municipality, assisting with its labor commissions, without prejudice to the monitoring activities performed by other organs and entities; to organize and supervise, with regard to issues that concern it and in accordance with that which is established by the council of ministers or the provincial government, the operation and duties of the entities charged with realizing activities regarding the economy, production, service, health, assistance, prevention and social care, science, education, culture, recreation, sports, environmental protection, and other matters within the municipality; to ensure and monitor compliance with legal obligations as well as the strengthening of the law, internal order, as well as the defensive capacity of the state within its territory; to propose to the council of ministers or to the governor, depending on the case, the revocation of the decisions adopted by their subordinate organs or authorities; to revoke or to modify the decisions adopted by the subordinate organs or authorities when they contravene the superior legal norms, affect the interests of the community, or exceed the faculties of those that adopted them; to approve the creation of the people's municipal councils, with prior consultation of the council of the state; to assist, in accordance with that which is prescribed by the law, with the execution of the policies of the state within its territory, as well as with the development of the production and service activities of the other entities within the territory that are not subordinated to it; to create working commissions and to approve the general guidelines for their work, and any other duty that is assigned to it by the constitution and the laws. article 192 the municipal assembly of people's power, in order to exercise its functions, is supported by its working commissions, the people's councils, the initiatory and the ample participation of the population, and acts in close coordination with social and mass organizations. section two. the delegates of the municipal assembly of people's power article 193 the delegates perform the mandate that has been conferred upon them by their electors, in the interest of the entire community, for which they must share these functions, with their responsibilities and usual tasks. the law regulates the form in which they will perform these functions. article 194 the delegates have the following rights: to participate with voice and vote in the sessions of the municipal assembly and in the meetings of the commissions and popular councils that they are a part of; to request information from the president, the vice president, the secretary of the municipal assembly, the members of the commissions, and the council of the administration regarding issues relevant to the exercise of their functions, and to obtain a response within the same session or as soon as possible; to request attention and information from entities throughout the territory with respect to situations or problems that affect their electors, with the obligation to respond in a timely manner, and any other right that the constitution and the laws recognize. article 195 the representatives have the following duties: to maintain a permanent relationship with their electors, promoting the community's participation in the solution of its problems; to inform the municipal assembly and the administration of the locality of the opinions, needs, and difficulties that are communicated to them by their electors, and to work towards generating solutions for them, with regard to that which pertains to them; to inform the electors about the policies that are adopted by the municipal assembly as well as the means adopted to resolve the necessities proposed by the population or the difficulties encountered in attempting to resolve them; to periodically report to the electors regarding their activities, in accordance with that which is established in the law, and to inform the assembly, the commissions, and the people's council to which they belong regarding their compliance with the tasks that have been entrusted to them when required, and any other duty that is recognized the constitution and the laws. article 196 the representatives' mandate is revocable at any moment. the law determines the form, causes, and procedures for revocation. section three. commissions of the municipal assembly of people's power article 197 the permanent working commissions are constituted by the municipal assembly of people's power that attends to the specific interests of the locality. they are formed in order to assist with the realization of the activities within their locality and, in particular, in order to monitor the subordinate municipal entities. additionally, the commissions may request that the entities of other subordinate levels within the territory keep them informed regarding matters that directly affect the locality. the temporary commissions perform the specific tasks assigned to them within the period indicated to them. section four. the people's council article 198 the people's council is a local organ of people's power that is representative, vested by the highest authority to perform its functions and, without constituting an intermediate authority for the purposes of the political-administrative division of the country, it is organized within cities, towns, neighborhoods, villages, and rural areas; it is made up of delegates elected within the districts of the locality's territorial demarcation. the delegates elected must also determine who among them will preside over the council. representatives of the social and mass organizations, as well as important entities within the territory, may be invited to the meetings of the people's council, depending upon the issues and themes to be dealt with, with the principal objective of strengthening coordination and collective effort for the benefit the community, within the functions that they themselves perform. article 199 the popular council represents the population of the area within which it acts as well as the municipal assembly of people's power. it monitors the entities of production and services with a local impact, and it actively works to satisfy economic, health, welfare, educational, cultural, sport, recreational, and other needs as well as those in the area of prevention and social care, thereby promoting the maximum participation of the population and local initiatives in order to achieve these initiatives. the law regulates the organization and duties of the people's council. section five. guarantees of the right to petition and local popular participation article 200 the municipal assembly of people's power, in order to guarantee the rights of petition and citizens' participation: convenes a popular consultation for matters of local interest in accordance with the assembly's powers; guarantees adequate attention to the proposals, complaints, and requests of the population; guarantees the right of the municipality's population to propose to the assembly the analysis of issues within its competence; maintains an adequate level of information for the population regarding the decisions that are of a general interest to them when they are adopted by the organs of people's power. analyzes, upon a petition of the citizens, its own agreements and orders or those of the subordinate municipal authorities if they are claimed to harm the interests of the citizens, both individual or collective in nature, and adopts the corresponding means of resolving them, and implements, within its competence, any other action that is necessary to guarantee these rights. the law establishes the form and the way in which the citizens may exercise these guarantees. section six. municipal administration article 201 the municipal administration's essential objective is to satisfy the needs of the collectivity within the territory under its jurisdiction with respect to the economy, health, welfare, education, culture, sports, recreation, and other needs, as well as to perform tasks related to prevention and social care. the law determines the organization, structure, and operation of the municipal administration. article 202 the council of the administration is designated by the municipal assembly of people's power, to which it is subordinate and must report. its composition, membership, and functions are established by the law. article 203 the council of the municipal administration is presided over by the mayor, is collegial, performs executive and administrative functions, and manages the municipal administration. title ix. the electoral system chapter i. general provisions article 204 all citizens with the legal capacity to do so have the right to contribute to the management of the state, either directly or through their elected representatives within the organs of people's power and to participate, for this purpose, in the form prescribed by the law, through periodic elections, plebiscites, and popular referendums that will be free, equal, direct, and secret. every elector has the right to a single vote. article 205 voting is a citizen's right. the vote is exercised voluntarily by cuban citizens, both men and women, that have reached the age of sixteen, except: those who have been judicially restricted from exercising their legal capacity due to a disability; those who have been judicially disqualified, and those who do not meet the requirements for residency in the country as prescribed in the law. article 206 the electoral registry is public and permanent; it is composed ex officio of all citizens with the legal capacity to vote in accordance with that which is prescribed by the law. article 207 cuban citizens, both women and men, that are in full enjoyment of their political rights and meet the other requirements established by law have the right to be elected. if the election is for representatives on the national assembly of people's power, they must be over the age of 18. article 208 members of military institutions have the right to elect and to be elected, just as any other citizen. article 209 the law determines the number of representatives that will make up the national assembly of people's power, in proportion to the number of inhabitants within the respective districts in which, for electoral purposes, the national territory is divided into. the representatives on the national assembly of people's power and the delegates on the municipal assemblies of people's power are elected through a vote of the electors that is free, equal, direct, and secret. the law regulates the procedure for their election. article 210 to be considered elected, a representative or a delegate must have obtained more than half of the valid votes cast within the electoral district that the individual seeks to represent. in the case that a vote of more than half is not obtained, or in other cases of vacant positions, the law regulates the form in which the election will proceed. chapter ii. the national electoral council article 211 the national electoral council is the permanent organ of the state with the fundamental mission of organizing, directing, and supervising the elections, popular consultations, plebiscites, and referendums that are convened. it handles and responds to the complaints that are lodged with regard to elections and performs the other functions recognized by the constitution and the laws. the national electoral council guarantees the veracity, transparency, efficiency, publicity, authenticity, and impartiality of the processes of democratic participation. article 212 the national electoral council has functional independence with respect to any other organ and reports to the national assembly of people's power regarding the performance of its functions. additionally, once an electoral process is complete, it informs the nation of the result. article 213 the national electoral council is made up of a president, a vice president, a secretary, and the other members prescribed by the law. the members of the national electoral council are elected and removed, as necessary, by the national assembly of people's power or, in some cases, the council of state. article 214 the organization, functioning, membership, and designation of the electoral authorities at all levels is regulated by the law. persons that are nominated or who occupy popularly elected offices may not be members of the electoral organs. article 215 the national electoral council monitors the production of and updates to the electoral registry, in accordance with that which is established in the law. article 216 all state organs, their leaders and functionaries, and other entities are obligated to collaborate with the national electoral council in the exercise of their functions. title x. defense and national security chapter i. general provisions article 217 the cuban state bases its policy of defense and national security on the defense of independence, territorial integrity, sovereignty, and peace through the prevention and consistent engagement with the risks, threats, and aggressions that affect their interests. its strategic conception of defense is based on the war of all the people. chapter ii. the national defense council article 218 the national defense council is the superior organ of the state whose primary mission is to organize, direct, and prepare the country during times of peace to defend itself and to ensure compliance with the norms in force related to the defense and security of the nation. during extraordinary situations or disaster, it directs the country and assumes the duties that correspond to the organs of the state, with the exception of constituent power. article 219 the national defense council is composed of the president of the republic, who presides over it and, in turn, designates a vice president and the other members determined by the law. the law regulates the organization and operation of the national defense council and its structures at its various levels. chapter iii. the armed forces of the state article 220 the military institutions of the state are the revolutionary armed forces and the armed formations of the ministry of the interior that, in order to achieve their functions, rely on the participation of military and civilian personnel. the law regulates the organization and operation of these institutions as well as the military service that citizens must perform. article 221 the military institutions' essential mission is to ensure and maintain the independence and sovereignty of the state, its territorial integrity, its security, and peace. chapter iv. extraordinary situations and disaster article 222 in the interest of guaranteeing national defense and security in the case of foreign military aggression, the imminent threat of such aggression, or other circumstances that affect the nation's security and defense, extraordinary situations—the state of war, war, general mobilization, or the state of emergency—may be temporarily decreed throughout the entire country. the state of emergency may also be decreed within a part of the national territory. the law regulates the form in which situations of exception are declared, their effects, and their termination. article 223 in the case of a disaster of any kind that affects the population or the economic or social infrastructure and that exceeds the capacity or the normal response and recovery of the country or of the territory affected, a situation of disaster may be decreed. the law regulates the establishment, effects, and termination of situations of disaster. article 224 while situations of exception and disaster are in force, the law determines the rights and duties recognized by the constitution, whose exercise must be regulated in a different manner. article 225 the national defense council, upon reestablishing normalcy within the country, reports to the national assembly of people's power regarding its decisions and management during this period. title xi. reform of the constitution article 226 this constitution may only be reformed by the national assembly of people's power through an agreement adopted, in a nominal vote, by a majority of no less than two thirds of the total membership. article 227 the following are able to promote constitutional reforms: the president of the republic; the council of state; the council of ministers; the representatives of the national assembly of people's power, through a proposition signed by no less than a third of its members; the central national council of cuban workers and the national authorities of other mass and social organizations, and the citizens, through a petition directed to the national assembly of people's power, signed before the national electoral council by a minimum of fifty thousand electors. the law establishes the procedure, requirements, and guarantees for the request and realization of constitutional reforms. article 228 when a reform refers to the composition and operation of the national assembly of people's power or of the council of state, to the duties or the term of office of the president of the republic, or to the rights, duties, and guarantees enshrined in the constitution, a favorable vote of the majority of the electors within the nation during a referendum held for this purpose will also be required. article 229 in no case will the pronouncements be reformed regarding the irrevocability of the socialism system established in article 4 or the prohibition on negotiating under the circumstances prescribed in section a) of article 16. special provisions first the representatives of the national assembly of people's power of the ninth legislature will maintain their offices until their term is over. second the current mandates of the representatives of the municipal assemblies of people's power are extended to five years, counting from the date they take office. transitory provisions first prior to the passage of six months after this constitution has taken effect, the national assembly of people's power will approve a new electoral law that will regulate the election of the representatives on the national assembly, its president, vice president, and secretary; the council of state, the president and vice president of the republic; the members of the national electoral council; the provincial governors and deputy provincial governors; and the representatives of the municipal assemblies of people's power, their president and their vice president. second after approving the electoral law, the national assembly of people's power, within a period of three months, will elect from among its members its president, vice president, secretary, the other members of the council of state, and the president and vice president of the republic. third once elected, the president of the republic proposes to the national assembly of people's power the appointments for prime minister, deputy prime ministers, the secretary, and other members of the council of ministers. fourth the provincial assemblies of people's power will remain in office until the governors, deputy governors, and the provincial councilors take office. fifth the president of the republic, once elected and within a period of three months, proposes the election of municipal governors and deputy municipal governors to the respective municipal assemblies of people's power through their delegates. sixth within a period of three months and following the election of provincial governors and deputy provincial governors, the municipal assemblies of people's power will designate the individuals who will serve as mayors. seventh the national assembly of people's power, within a period of one year after the entrance into force of this constitution, will approve its bylaws and those of the council of state. eighth the council of ministers, within a period of two years after this constitution takes effect, will present their proposal for new bylaws to the national assembly of people's power for the council of ministers and for the provincial governments. ninth the national assembly of people's power, within a period of two years after the constitution takes effect, will approve the bylaws of the municipal assemblies of people's power and of their councils of administration. tenth the council of government of the people's supreme court, within a period of eighteen months after this constitution takes effect, will present to the national assembly of people's power a proposal of a new law of the people's courts that will have been adjusted to the changes presented by this constitution as well as to the proposed modifications to the law of penal procedure and to the law of civil, administrative, labor, and economic procedures, where appropriate. eleventh in response to the referendum that took place, the national assembly of people's power will, within a period of two years after the constitution takes effect, begin the process of popular consultation and referendum for the family code program, which must include the form that a marriage may take. twelfth the national assembly of people's power, within a period of eighteen months after this constitution takes effect, will approve the legislative modifications required to effectuate that which is prescribed in article 99, which refers to the possibility of citizens to access legal institutions in order to defend their rights. thirteenth the national assembly of people's power will approve, within a period of one year after this constitution takes effect, a legislative schedule for the implementation of the laws developed by the precepts established in this constitution. final provisions first the constitution of the republic of cuba of february 24th, 1976, is derogated, which includes the changes made during the reforms of 1978, 1992, and 2002. second the present constitution, once certified, will take effect upon its publication in the official bulletin of the republic. preamble we, the nations, nationalities and peoples of ethiopia: strongly committed, in full and free exercise of our right to self-determination, to building a political community founded on the rule of law and capable of ensuring a lasting peace, guaranteeing a democratic order, and advancing our economic and social development; firmly convinced that the fulfillment of this objective requires full respect of individual and people's fundamental freedoms and rights, to live together on the basis of equality and without any sexual, religious or cultural discrimination; further convinced that by continuing to live with our rich and proud cultural legacies in territories we have long inhabited, have, through continuous interaction on various levels and forms of life, built up common interests and have also contributed to the emergence of a common outlook; fully cognizant that our common destiny can best be served by rectifying historically unjust relationships and by further promoting our shared interests; convinced that to live as one economic community is necessary in order to create sustainable and mutually supportive conditions for ensuring respect for our rights and freedoms and for the collective promotion of our interests; determined to consolidate, as a lasting legacy, the peace and the prospect of a democratic order which our struggles and sacrifices have brought about; have therefore adopted, on 8 december 1994 this constitution through representatives we have duly elected for this purpose as an instrument that binds us in a mutual commitment to fulfill the objectives and the principles set forth above. chapter one. general provisions article 1. nomenclature of the state this constitution establishes a federal and democratic state structure. accordingly, the ethiopian state shall be known as the federal democratic republic of ethiopia. article 2. ethiopian territorial jurisdiction the territorial jurisdiction of ethiopia shall comprise the territory of the members of the federation and its boundaries shall be as determined by international agreements. article 3. the ethiopian flag the ethiopian flag shall consist of green at the top, yellow in the middle and red at the bottom, and shall have a national emblem at the centre. the three colours shall be set horizontally in equal dimension. the national emblem on the flag shall reflect the hope of the nations, nationalities, peoples as well as religious communities of ethiopia to live together in equality and unity. members of the federation may have their respective flags and emblems and shall determine the details thereof through their respective legislatures. article 4. national anthem of ethiopia the national anthem of ethiopia, to be determined by law, shall reflect the ideals of the constitution, the commitment of the peoples of ethiopia to live together in a democratic order and of their common destiny. article 5. languages all ethiopian languages shall enjoy equal state recognition. amharic shall be the working language of the federal government. members of the federation may by law determine their respective working languages. article 6. nationality any person of either sex shall be an ethiopian national where both or either parent is ethiopian. foreign nationals may acquire ethiopian nationality. particulars relating to nationality shall be determined by law. article 7. gender reference provisions of this constitution set out in the masculine gender shall also apply to the feminine gender. chapter two. fundamental principles of the constitution article 8. sovereignty of the people all sovereign power resides in the nations, nationalities and peoples of ethiopia. this constitution is an expression of their sovereignty. their sovereignty shall be expressed through their representatives elected in accordance with this constitution and through their direct democratic participation. article 9. supremacy of the constitution the constitution is the supreme law of the land. any law, customary practice or a decision of an organ of state or a public official which contravenes this constitution shall be of no effect. all citizens, organs of state, political organizations, other associations as well as their officials have the duty to ensure observance of the constitution and to obey it. it is prohibited to assume state power in any manner other than that provided under the constitution. all international agreements ratified by ethiopia are an integral part of the law of the land. article 10. human and democratic rights human rights and freedoms, emanating from the nature of mankind, are inviolable and inalienable. human and democratic rights of citizens and peoples shall be respected. article 11. separation of state and religion state and religion are separate. there shall be no state religion. the state shall not interfere in religious matters and religion shall not interfere in state affairs. article 12. conduct and accountability of government the conduct of affairs of government shall be transparent. any public official or an elected representative is accountable for any failure in official duties. in case of loss of confidence, the people may recall an elected representative. the particulars of recall shall be determined by law. chapter three. fundamental rights and freedoms article 13. scope of application and interpretation all federal and state legislative, executive and judicial organs at all levels shall have the responsibility and duty to respect and enforce the provisions of this chapter. the fundamental rights and freedoms specified in this chapter shall be interpreted in a manner conforming to the principles of the universal declaration of human rights, international covenants on human rights and international instruments adopted by ethiopia. part one. human rights article 14. rights to life, the security of person and liberty every person has the inviolable and inalienable right to life, the security of person and liberty. article 15. right to life every person has the right to life. no person may be deprived of his life except as a punishment for a serious criminal offence determined by law. article 16. the right of the security of person everyone has the right to protection against bodily harm. article 17. right to liberty no one shall be deprived of his or her liberty except on such grounds and in accordance with such procedure as are established by law. no person may be subjected to arbitrary arrest, and no person may be detained without a charge or conviction against him. article 18. prohibition against inhuman treatment everyone has the right to protection against cruel, inhuman or degrading treatment or punishment. no one shall be held in slavery or servitude. trafficking in human beings for whatever purpose is prohibited. no one shall be required to perform forced or compulsory labour. for the purpose of sub-article 3 of this article the phrase "forced or compulsory labour" shall not include: any work or service normally required of a person who is under detention in consequence of a lawful order, or of a person during conditional release from such detention; in the case of conscientious objectors, any service exacted in lieu of compulsory military service; any service exacted in cases of emergency or calamity threatening the life or wellbeing of the community; any economic and social development activity voluntarily performed by a community within its locality. article 19. right of persons arrested persons arrested have the right to be informed promptly, in a language they understand, of the reasons for their arrest and of any charge against them. persons arrested have the right to remain silent. upon arrest, they have the right to be informed promptly, in a language they understand, that any statement they make may be used as evidence against them in court. persons arrested have the right to be brought before a court within 48 hours of their arrest. such time shall not include the time reasonably required for the journey from the place of arrest to the court. on appearing before a court, they have the right to be given prompt and specific explanation of the reasons for their arrest due to the alleged crime committed. all persons have an inalienable right to petition the court to order their physical release where the arresting police officer or the law enforcer fails to bring them before a court within the prescribed time and to provide reasons for their arrest. where the interest of justice requires, the court may order the arrested person to remain in custody or, when requested, remand him for a time strictly required to carry out the necessary investigation. in determining the additional time necessary for investigation, the court shall ensure that the responsible law enforcement authorities carry out the investigation respecting the arrested person's right to a speedy trial. persons arrested shall not be compelled to make confessions or admissions which could be used in evidence against them. any evidence obtained under coercion shall not be admissible. persons arrested have the right to be released on bail. in exceptional circumstances prescribed by law, the court may deny bail or demand adequate guarantee for the conditional release of the arrested person. article 20. rights of persons accused accused persons have the right to a public trial by an ordinary court of law within a reasonable time after having been charged. the court may hear cases in a closed session only with a view to protecting the right to privacy of the parties concerned, public morals and national security. accused persons have the right to be informed with sufficient particulars of the charge brought against them and to be given the charge in writing. during proceedings accused persons have the right to be presumed innocent until proved guilty according to law and not to be compelled to testify against themselves. accused persons have the right to full access to any evidence presented against them, to examine witnesses testifying against them, to adduce or to have evidence produced in their own defense, and to obtain the attendance of and examination of witnesses on their behalf before the court. accused persons have the right to be represented by legal counsel of their choice, and, if they do not have sufficient means to pay for it and miscarriage of justice would result, to be provided with legal representation at state expense. all persons have the right of appeal to the competent court against an order or a judgement of the court which first heard the case. they have the right to request for the assistance of an interpreter at state expense where the court proceedings are conducted in a language they do not understand. article 21. the rights of persons held in custody and convicted prisoners all persons held in custody and persons imprisoned upon conviction and sentencing have the right to treatments respecting their human dignity. all persons shall have the opportunity to communicate with, and to be visited by, their spouses or partners, close relatives, friends, religious councillors, medical doctors and their legal counsel. article 22. non-retroactivity of criminal law no one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence at the time when it was committed. nor shall a heavier penalty be imposed on any person than the one that was applicable at the time when the criminal offence was committed. notwithstanding the provisions of sub-article 1 of this article, a law promulgated subsequent to the commission of the offence shall apply if it is advantageous to the accused or convicted person. article 23. prohibition of double jeopardy no person shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the criminal law and procedure. article 24. right to honour and reputation everyone has the right to respect for his human dignity, reputation and honour. everyone has the right to the free development of his personality in a manner compatible with the rights of other citizens. everyone has the right to recognition everywhere as a person. article 25. right to equality all persons are equal before the law and are entitled without any discrimination to the equal protection of the law. in this respect, the law shall guarantee to all persons equal and effective protection without discrimination on grounds of race, nation, nationality, or other social origin, colour, sex, language, religion, political or other opinion, property, birth or other status. article 26. right to privacy everyone has the right to privacy. this right shall include the right not to be subjected to searches of his home, person or property, or the seizure of any property under his personal possession. everyone has the right to the inviolability of his notes and correspondence including postal letters, and communications made by means of telephone, telecommunications and electronic devices. public officials shall respect and protect these rights. no restrictions may be placed on the enjoyment of such rights except in compelling circumstances and in accordance with specific laws whose purposes shall be the safeguarding of national security or public peace, the prevention of crimes or the protection of health, public morality or the rights and freedoms of others. article 27. freedom of religion, belief and opinion everyone has the right to freedom of thought, conscience and religion. this right shall include the freedom to hold or to adopt a religion or belief of his choice, and the freedom, either individually or in community with others, and in public or private, to manifest his religion or belief in worship, observance, practice and teaching. without prejudice to the provisions of sub-article 2 of article 90, believers may establish institutions of religious education and administration in order to propagate and organize their religion. no one shall be subject to coercion or other means which would restrict or prevent his freedom to hold a belief of his choice. parents and legal guardians have the right to bring up their children ensuring their religious and moral education in conformity with their own convictions. freedom to express or manifest one's religion or belief may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, peace, health, education, public morality or the fundamental rights and freedoms of others, and to ensure the independence of the state from religion. article 28. crimes against humanity criminal liability of persons who commit crimes against humanity, so defined by international agreements ratified by ethiopia and by other laws of ethiopia, such as genocide, summary executions, forcible disappearances or torture shall not be barred by statute of limitation. such offences may not be commuted by amnesty or pardon of the legislature or any other state organ. in the case of persons convicted of any crime stated in sub-article 1 of this article and sentenced with the death penalty, the head of state may, without prejudice to the provisions hereinabove, commute the punishment to life imprisonment. part two. democratic rights article 29. right of thought, opinion and expression everyone has the right to hold opinions without interference. everyone has the right to freedom of expression without any interference. this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any media of his choice. freedom of the press and other mass media and freedom of artistic creativity is guaranteed. freedom of the press shall specifically include the following elements: prohibition of any form of censorship. access to information of public interest. in the interest of the free flow of information, ideas and opinions which are essential to the functioning of a democratic order, the press shall, as an institution, enjoy legal protection to ensure its operational independence and its capacity to entertain diverse opinions. any media financed by or under the control of the state shall be operated in a manner ensuring its capacity to entertain diversity in the expression of opinion. these rights can be limited only through laws which are guided by the principle that freedom of expression and information cannot be limited on account of the content or effect of the point of view expressed. legal limitations can be laid down in order to protect the well-being of the youth, and the honour and reputation of individuals. any propaganda for war as well as the public expression of opinion intended to injure human dignity shall be prohibited by law. any citizen who violates any legal limitations on the exercise of these rights may be held liable under the law. article 30. the right of assembly, demonstration and petition everyone has the right to assemble and to demonstrate together with others peaceably and unarmed, and to petition. appropriate regulations may be made in the interest of public convenience relating to the location of open-air meetings and the route of movement of demonstrators or, for the protection of democratic rights, public morality and peace during such a meeting or demonstration. this right does not exempt from liability under laws enacted to protect the well-being of the youth or the honour and reputation of individuals, and laws prohibiting any propaganda for war and any public expression of opinions intended to injure human dignity. article 31. freedom of association every person has the right to freedom of association for any cause or purpose. organizations formed, in violation of appropriate laws, or to illegally subvert the constitutional order, or which promote such activities are prohibited. article 32. freedom of movement any ethiopian or foreign national lawfully in ethiopia has, within the national territory, the right to liberty of movement and freedom to choose his residence, as well as the freedom to leave the country at any time he wishes to. any ethiopian national has the right to return to his country. article 33. rights of nationality no ethiopian national shall be deprived of his or her ethiopian nationality against his or her will. marriage of an ethiopian national of either sex to a foreign national shall not annul his or her ethiopian nationality. every ethiopian national has the right to the enjoyment of all rights, protection and benefits derived from ethiopian nationality as prescribed by law. any national has the right to change his ethiopian nationality. ethiopian nationality may be conferred upon foreigners in accordance with law enacted and procedures established consistent with international agreements ratified by ethiopia. article 34. marital, personal and family rights men and women, without any distinction as to race, nation, nationality or religion, who have attained marriageable age as defined by law, have the right to marry and found a family. they have equal rights while entering into, during marriage and at the time of divorce. laws shall be enacted to ensure the protection of rights and interests of children at the time of divorce. marriage shall be entered into only with the free and full consent of the intending spouses. the family is the natural and fundamental unit of society and is entitled to protection by society and the state. in accordance with provisions to be specified by law, a law giving recognition to marriage concluded under systems of religious or customary laws may be enacted. this constitution shall not preclude the adjudication of disputes relating to personal and family laws in accordance with religious or customary laws, with the consent of the parties to the dispute. particulars shall be determined by law. article 35. rights of women women shall, in the enjoyment of rights and protections provided for by this constitution, have equal right with men. women have equal rights with men in marriage as prescribed by this constitution. the historical legacy of inequality and discrimination suffered by women in ethiopia taken into account, women, in order to remedy this legacy, are entitled to affirmative measures. the purpose of such measures shall be to provide special attention to women so as to enable them compete and participate on the basis of equality with men in political, social and economic life as well as in public and private institutions. the state shall enforce the right of women to eliminate the influences of harmful customs. laws, customs and practices that oppress or cause bodily or mental harm to women are prohibited. 5 women have the right to maternity leave with full pay. the duration of maternity leave shall be determined by law taking into account the nature of the work, the health of the mother and the well-being of the child and family. maternity leave may, in accordance with the provisions of law, include prenatal leave with full pay. women have the right to full consultation in the formulation of national development policies, the designing and execution of projects, and particularly in the case of projects affecting the interests of women. women have the right to acquire, administer, control, use and transfer property. in particular, they have equal rights with men with respect to use, transfer, administration and control of land. they shall also enjoy equal treatment in the inheritance of property. women shall have a right to equality in employment, promotion, pay, and the transfer of pension entitlements. to prevent harm arising from pregnancy and childbirth and in order to safeguard their health, women have the right of access to family planning education, information and capacity. article 36. rights of children every child has the right: to life; to a name and nationality; to know and be cared for by his or her parents or legal guardians; not to be subject to exploitative practices, neither to be required nor permitted to perform work which may be hazardous or harmful to his or her education, health or wellbeing; to be free of corporal punishment or cruel and inhumane treatment in schools and other institutions responsible for the care of children. in all actions concerning children undertaken by public and private welfare institutions, courts of law, administrative authorities or legislative bodies, the primary consideration shall be the best interests of the child. juvenile offenders admitted to corrective or rehabilitative institutions, and juveniles who become wards of the state or who are placed in public or private orphanages, shall be kept separately from adults. children born out of wedlock shall have the same rights as children born of wedlock. the state shall accord special protection to orphans and shall encourage the establishment of institutions which ensure and promote their adoption and advance their welfare, and education. article 37. right of access to justice everyone has the right to bring a justiciable matter to, and to obtain a decision or judgment by, a court of law or any other competent body with judicial power. the decision or judgment referred to under sub-article 1 of this article may also be sought by: any association representing the collective or individual interest of its members; or any group or person who is a member of, or represents a group with similar interests. article 38. the right to vote and to be elected every ethiopian national, without any discrimination based on colour, race, nation, nationality, sex, language, religion, political or other opinion or other status, has the following rights: to take part in the conduct of public affairs, directly and through freely chosen representatives; on the attainment of 18 years of age, to vote in accordance with law; to vote and to be elected at periodic elections to any office at any level of government; elections shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors. the right of everyone to be a member of his own will in a political organization, labour union, trade organization, or employers' or professional association shall be respected if he or she meets the special and general requirements stipulated by such organization. elections to positions of responsibility within any of the organizations referred to under sub-article 2 of this article shall be conducted in a free and democratic manner. the provisions of sub-articles 2 and 3 of this article shall apply to civic organizations which significantly affect the public interest. article 39. rights of nations, nationalities, and peoples every nation, nationality and people in ethiopia has an unconditional right to selfdetermination, including the right to secession. every nation, nationality and people in ethiopia has the right to speak, to write and to develop its own language; to express, to develop and to promote its culture; and to preserve its history. every nation, nationality and people in ethiopia has the right to a full measure of selfgovernment which includes the right to establish institutions of government in the territory that it inhabits and to equitable representation in state and federal governments. the right to self-determination, including secession, of every nation, nationality and people shall come into effect: when a demand for secession has been approved by a two-thirds majority of the members of the legislative council of the nation, nationality or people concerned; when the federal government has organized a referendum which must take place within three years from the time it received the concerned council's decision for secession; when the demand for secession is supported by a majority vote in the referendum; when the federal government will have transferred its powers to the council of the nation, nationality or people who has voted to secede; and when the division of assets is effected in a manner prescribed by law. a "nation, nationality or people" for the purpose of this constitution, is a group of people who have or share a large measure of a common culture or similar customs, mutual intelligibility of language, belief in a common or related identities, a common psychological make-up, and who inhabit an identifiable, predominantly contiguous territory. article 40. the right to property every ethiopian citizen has the right to the ownership of private property. unless prescribed otherwise by law on account of public interest, this right shall include the right to acquire, to use and, in a manner compatible with the rights of other citizens, to dispose of such property by sale or bequest or to transfer it otherwise. "private property", for the purpose of this article, shall mean any tangible or intangible product which has value and is produced by the labour, creativity, enterprise or capital of an individual citizen, associations which enjoy juridical personality under the law, or in appropriate circumstances, by communities specifically empowered by law to own property in common. the right to ownership of rural and urban land, as well as of all natural resources, is exclusively vested in the state and in the peoples of ethiopia. land is a common property of the nations, nationalities and peoples of ethiopia and shall not be subject to sale or to other means of exchange. ethiopian peasants have right to obtain land without payment and the protection against eviction from their possession. the implementation of this provision shall be specified by law. ethiopian pastoralists have the right to free land for grazing and cultivation as well as the right not to be displaced from their own lands. the implementation shall be specified by law. without prejudice to the right of ethiopian nations, nationalities, and peoples to the ownership of land, government shall ensure the right of private investors to the use of land on the basis of payment arrangements established by law. particulars shall be determined by law. every ethiopian shall have the full right to the immovable property he builds and to the permanent improvements he brings about on the land by his labour or capital. this right shall include the right to alienate, to bequeath, and, where the right of use expires, to remove his property, transfer his title, or claim compensation for it. particulars shall be determined by law. without prejudice to the right to private property, the government may expropriate private property for public purposes subject to payment in advance of compensation commensurate to the value of the property. article 41. economic, social and cultural rights every ethiopian has the right to engage freely in economic activity and to pursue a livelihood of his choice anywhere within the national territory. every ethiopian has the right to choose his or her means of livelihood, occupation and profession. every ethiopian national has the right to equal access to publicly funded social services. the state has the obligation to allocate ever increasing resources to provide to the public health, education and other social services. the state shall, within available means, allocate resources to provide rehabilitation and assistance to the physically and mentally disabled, the aged, and to children who are left without parents or guardian. the state shall pursue policies which aim to expand job opportunities for the unemployed and the poor and shall accordingly undertake programmes and public works projects. the state shall undertake all measures necessary to increase opportunities for citizens to find gainful employment. ethiopian farmers and pastoralists have the right to receive fair prices for their products, that would lead to improvement in their conditions of life and to enable them to obtain an equitable share of the national wealth commensurate with their contribution. this objective shall guide the state in the formulation of economic, social and development policies. the state has the responsibility to protect and preserve historical and cultural legacies, and to contribute to the promotion of the arts and sports. article 42. rights of labour 1 factory and service workers, farmers, farm labourers, other rural workers and government employees whose work compatibility allows for it and who are below a certain level of responsibility, have the right to form associations to improve their conditions of employment and economic well-being. this right includes the right to form trade unions and other associations to bargain collectively with employers or other organizations that affect their interests. categories of persons referred to in paragraph (a) of this sub-article have the right to express grievances, including the right to strike. government employees who enjoy the rights provided under paragraphs (a) and (b) of this sub-article shall be determined by law. women workers have the right to equal pay for equal work. workers have the right to reasonable limitation of working hours, to rest, to leisure, to periodic leaves with pay, to remuneration for public holidays as well as healthy and safe work environment. without prejudice to the rights recognized under sub-article 1 of this article, laws enacted for the implementation of such rights shall establish procedures for the formation of trade unions and for the regulation of the collective bargaining process. article 43. the right to development the peoples of ethiopia as a whole, and each nation, nationality and people in ethiopia in particular have the right to improved living standards and to sustainable development. nationals have the right to participate in national development and, in particular, to be consulted with respect to policies and projects affecting their community. all international agreements and relations concluded, established or conducted by the state shall protect and ensure ethiopia's right to sustainable development. the basic aim of development activities shall be to enhance the capacity of citizens for development and to meet their basic needs. article 44. environmental rights all persons have the right to a clean and healthy environment. all persons who have been displaced or whose livelihoods have been adversely affected as a result of state programmes have the right to commensurate monetary or alternative means of compensation, including relocation with adequate state assistance. chapter four. state structure article 45. form of government the federal democratic republic of ethiopia shall have a parliamentarian form of government. article 46. states of the federation the federal democratic republic shall comprise of states. states shall be delimited on the basis of the settlement patterns, language, identity and consent of the people concerned. article 47. member states of the federal democratic republic member states of the federal democratic republic of ethiopia are the following: the state of tigray the state of afar the state of amhara the state of oromia the state of somalia the state of benshangul/gumuz the state of the southern nations, nationalities and peoples the state of the gambela peoples the state of the harari people nations, nationalities and peoples within the states enumerated in sub-article 1 of this article have the right to establish, at any time, their own states. the right of any nation, nationality or people to form its own state is exercisable under the following procedures: when the demand for statehood has been approved by a two-thirds majority of the members of the council of the nation, nationality or people concerned, and the demand is presented in writing to the state council; when the council that received the demand has organized a referendum within one year to be held in the nation, nationality or people that made the demand; when the demand for statehood is supported by a majority vote in the referendum; when the state council will have transferred its powers to the nation, nationality or people that made the demand; and when the new state created by the referendum without any need for application, directly becomes a member of the federal democratic republic of ethiopia. member states of the federal democratic republic of ethiopia shall have equal rights and powers. article 48. state border changes all state border disputes shall be settled by agreement of the concerned states. where the concerned states fail to reach agreement, the house of the federation shall decide such disputes on the basis of settlement patterns and the wishes of the peoples concerned. the house of federation shall, within a period of two years, render a final decision on a dispute submitted to it pursuant to sub-article 1 of this article. article 49. capital city addis ababa shall be the capital city of the federal state the residents of addis ababa shall have a full measure of self-government. particulars shall be determined by law. the administration of addis ababa shall be responsible to the federal government. residents of addis ababa shall in accordance with the provisions of this constitution, be represented in the house of peoples' representatives. the special interest of the state of oromia in addis ababa, regarding the provision of social services or the utilization of natural resources and other similar matters, as well as joint administrative matters arising from the location of addis ababa within the state of oromia, shall be respected. particulars shall be determined by law. chapter five. the structure and division of powers article 50. structure of the organs of state the federal democratic republic of ethiopia comprises the federal government and the state members. the federal government and the states shall have legislative, executive and judicial powers. the house of peoples' representatives is the highest authority of the federal government. the house is responsible to the people. the state council is the highest organ of state authority. it is responsible to the people of the state. state government shall be established at state and other administrative levels that they find necessary. adequate power shall be granted to the lowest units of government to enable the people to participate directly in the administration of such units. the state council has the power of legislation on matters falling under state jurisdiction. consistent with the provisions of this constitution, the council has power to draft, adopt and amend the state constitution. the state administration constitutes the highest organ of executive power. state judicial power is vested in its courts. federal and state powers are defined by this constitution. the states shall respect the powers of the federal government. the federal government shall likewise respect the powers of the states. the federal government may, when necessary, delegate to the states powers and functions granted to it by article 51 of this constitution. article 51. powers and functions of the federal government it shall protect and defend the constitution. it shall formulate and implement the country's policies, strategies and plans in respect of overall economic, social and development matters. it shall establish and implement national standards and basic policy criteria for public health, education, science and technology as well as for the protection and preservation of cultural and historical legacies. it shall formulate and execute the country's financial, monetary and foreign investment policies and strategies. it shall enact laws for the utilization and conservation of land and other natural resources, historical sites and objects. it shall establish and administer national defence and public security forces as well as a federal police force. it shall administer the national bank, print and borrow money, mint coins, regulate foreign exchange and money in circulation; it shall determine by law the conditions and terms under which states can borrow money from internal sources. it shall formulate and implement foreign policy; it shall negotiate and ratify international agreements. it shall be responsible for the development, administration and regulation of air, rail, waterways and sea transport and major roads linking two or more states, as well as for postal and telecommunication services. it shall levy taxes and collect duties on revenue sources reserved to the federal government; it shall draw up, approve and administer the federal government's budget. it shall determine and administer the utilization of the waters or rivers and lakes linking two or more states or crossing the boundaries of the national territorial jurisdiction. it shall regulate inter-state and foreign commerce. it shall administer and expand all federally funded institutions that provide services to two or more states. it shall deploy, at the request of a state administration, federal defence forces to arrest a deteriorating security situation within the requesting state when its authorities are unable to control it. it shall enact, in order to give practical effect to political rights provided for in this constitution, all necessary laws governing political parties and elections. it has the power to declare and to lift national state of emergency and states of emergencies limited to certain parts of the country. it shall determine matters relating to nationality. it shall determine and administer all matters relating to immigration, the granting of passports, entry into and exit from the country, refugees and asylum. it shall patent inventions and protect copyrights. it shall establish uniform standards of measurement and calendar. it shall enact laws regulating the possession and bearing of arms. article 52. powers and functions of states all powers not given expressly to the federal government alone, or concurrently to the federal government and the states are reserved to the states. consistent with sub-article 1 of this article, states shall have the following powers and functions: to establish a state administration that best advances self-government, a democratic order based on the rule of law; to protect and defend the federal constitution; to enact and execute the state constitution and other laws; to formulate and execute economic, social and development policies, strategies and plans of the state; to administer land and other natural resources in accordance with federal laws; to levy and collect taxes and duties on revenue sources reserved to the states and to draw up and administer the state budget; to enact and enforce laws on the state civil service and their condition of work; in the implementation of this responsibility it shall ensure that educational; training and experience requirements for any job, title or position approximate national standards; to establish and administer a state police force, and to maintain public order and peace within the state; chapter six. the federal houses article 53. the federal houses there shall be two federal houses: the house of peoples' representatives and the house of the federation. part one. the house of peoples' representatives article 54. members of the house of peoples' representatives members of the house of peoples' representatives shall be elected by the people for a term of five years on the basis of universal suffrage and by direct, free and fair elections held by secret ballot. members of the house shall be elected from candidates in each electoral district by a plurality of the votes cast. provisions shall be made by law for special representation for minority nationalities and peoples. members of the house, on the basis of population and special representation of minority nationalities and peoples, shall not exceed 550; of these, minority nationalities and peoples shall have at least 20 seats. particulars shall be determined by law. members of the house are representatives of the ethiopian people as a whole. they are governed by: the constitution; the will of the people; and their conscience. no member of the house may be prosecuted on account of any vote he casts or opinion he expresses in the house, nor shall any administrative action be taken against any member on such grounds. no member of the house may be arrested or prosecuted without the permission of the house except in the case of flagrante delicto a member of the house may, in accordance with law, lose his mandate of representation upon loss of confidence by the electorate. article 55. powers and functions of the house of peoples' representatives the house of peoples' representatives shall have the power of legislation in all matters assigned by this constitution to federal jurisdiction. consistent with the provision of sub-article 1 of this article, the house of peoples' representatives shall enact specific laws on the following matters: utilization of land and other natural resources, of rivers and lakes crossing the boundaries of the national territorial jurisdiction or linking two or more states; inter-state commerce and foreign trade; air, rail, water and sea transport, major roads linking two or more states, postal and telecommunication services; enforcement of the political rights established by the constitution and electoral laws and procedures; nationality, immigration, passport, exit from and entry into the country, the rights of refugees and of asylum; uniform standards of measurement and calendar; patents and copyrights; the possession and bearing of arms. it shall enact a labour code. it shall enact a commercial code. it shall enact a penal code. the states may, however, enact penal laws on matters that are not specifically covered by federal penal legislation. it shall enact civil laws which the house of the federation deems necessary to establish and sustain one economic community. it shall determine the organization of national defence, public security, and a national police force. if the conduct of these forces infringes upon human rights and the nation's security, it shall carry out investigations and take necessary measures. in conformity with article 93 of the constitution it shall declare a state of emergency; it shall consider and resolve on a decree of a state of emergency declared by the executive. on the basis of a draft law submitted to it by the council of ministers it shall proclaim a state of war. it shall approve general policies and strategies of economic, social and development, and fiscal and monetary policy of the country. it shall enact laws on matters relating to the local currency, the administration of the national bank, and foreign exchange. it shall levy taxes and duties on revenue sources reserved to the federal government, it shall ratify the federal budget. it shall ratify international agreements concluded by the executive. it shall approve the appointment of federal judges, members of the council of ministers, commissioners, the auditor general, and of other officials whose appointment is required by law to be approved by it. it shall establish a human rights commission and determine by law its powers and functions. it shall establish the institution of the ombudsman, and select and appoint its members. it shall determine by law the powers and functions of the institution. it shall, on its own initiative, request a joint session of the house of the federation and of the house of peoples' representatives to take appropriate measures when state authorities are unable to arrest violations of human rights within their jurisdiction. it shall, on the basis of the joint decision of the house, give directives to the concerned state authorities. it has the power to call and to question the prime minister and other federal officials and to investigate the executive's conduct and discharge of its responsibilities. it shall, at the request of one-third of its members, discuss any matter pertaining to the powers of the executive. it has, in such cases, the power to take decisions or measures it deems necessary. it shall elect the speaker and deputy speaker of the house. it shall establish standing and ad hoc committees as it deems necessary to accomplish its work. article 56. political power a political party, or a coalition of political parties that has the greatest number of seats in the house of peoples' representatives shall form the executive and lead it. article 57. adoption of laws laws deliberated upon and passed by the house shall be submitted to the nation's president for signature. the president shall sign a law submitted to him within fifteen days. if the president does not sign the law within fifteen days it shall take effect without his signature. article 58. meetings of the house, duration of its term the presence of more than half of the members of the house constitutes a quorum. the annual session of the house shall begin on monday of the final week of the ethiopian month of meskerem and end on the 30th day of the ethiopian month of sene. the house may adjourn for one month of recess during its annual session. the house of peoples' representatives shall be elected for a term of five years. elections for a new house shall be concluded one month prior to the expiry of the house's term. the speaker of the house may call a meeting of the house when it is in recess. the speaker of the house is also obliged to call a meeting of the house at the request of more than one-half of the members. meetings of the house shall be public. the house may, however, hold a closed meeting at the request of the executive or members of the house if such a request is supported by a decision of more than one-half of the members of the house. article 59. decisions and rules of procedure of the house unless otherwise provided in the constitution, all decisions of the house shall be by a majority vote of the members present and voting. the house shall adopt rules and procedures regarding the organization of its work and of its legislative process. article 60. dissolution of the house with the consent of the house, the prime minister may cause the dissolution of the house before the expiry of its term in order to hold new elections. the president may invite political parties to form a coalition government within one week, if the council of ministers of a previous coalition is dissolved because of the loss of its majority in the house. the house shall be dissolved and new elections shall be held if the political parties cannot agree to the continuation of the previous coalition or to form a new majority coalition. if the house is dissolved pursuant to sub-article 1 or 2 of this article, new elections shall be held within six months of its dissolution. the new house shall convene within thirty days of the conclusion of the elections. following the dissolution of the house, the previous governing party or coalition of parties shall continue as a caretaker government. beyond conducting the day to day affairs of government and organizing new elections, it may not enact new proclamations, regulations or decrees, nor may it repeal or amend any existing law. part two. the house of the federation article 61. members of the house of the federation the house of the federation is composed of representatives of nations, nationalities and peoples. each nation, nationality and people shall be represented in the house of the federation by at least one member. each nation or nationality shall be represented by one additional representative for each one million of its population. members of the house of the federation shall be elected by the state councils. the state councils may themselves elect representatives to the house of the federation, or they may hold elections to have the representatives elected by the people directly. article 62. powers and functions of the house of the federation the house has the power to interpret the constitution. it shall organize the council of constitutional inquiry. it shall, in accordance with the constitution, decide on issues relating to the rights of nations, nationalities and peoples to self-determination, including the right to secession. it shall promote the equality of the peoples of ethiopia enshrined in the constitution and promote and consolidate their unity based on their mutual consent. it shall exercise the powers concurrently entrusted to it and to the house of peoples' representatives. it shall strive to find solutions to disputes or misunderstandings that may arise between states. it shall determine the division of revenues derived from joint federal and state tax sources and the subsidies that the federal government may provide to the states. it shall determine civil matters which require the enactment of laws by the house of peoples' representatives. it shall order federal intervention if any state, in violation of this constitution, endangers the constitutional order. it shall establish permanent and ad hoc committees. it shall elect the speaker and the deputy speaker of the house, and it shall adopt rules of procedure and internal administration. article 63. immunity of members of the house of the federation no member of the house of the federation may be prosecuted on account of any vote he casts or opinion he expresses in the house, nor shall any administrative action be taken against any member on such grounds. no member of the house of the federation may be arrested or prosecuted without the permission of the house except in the case of flagrante delicto. article 64. decisions and rules of procedure the presence at a meeting of two-thirds of the members of the house of the federation constitutes a quorum. all decisions of the house require the approval of a majority of members present and voting. members of the house may vote only when they are present in person in the house. article 65. budget the house of the federation shall submit its budget for approval to the house of peoples' representatives. article 66. powers of the speaker of the house the speaker of the house of the federation shall preside over the meetings of the house. he shall, on behalf of the house, direct all its administrative affairs. he shall enforce all disciplinary actions the house takes on its members. article 67. sessions and term of mandate the house of the federation shall hold at least two sessions annually. the term of mandate of the house of the federation shall be five years. article 68. prohibition of simultaneous membership in the two houses no one may be a member of the house of peoples' representatives and of the house of the federation simultaneously. chapter seven. the president of the republic article 69. the president the president of the federal democratic republic of ethiopia is the head of state. article 70. nomination and appointment of the president the house of peoples' representatives shall nominate the candidate for president. the nominee shall be elected president if a joint session of the house of peoples' representatives and the house of the federation approves his candidacy by a two-thirds majority vote. a member of either house shall vacate his seat if elected president. the term of office of the president shall be six years. no person shall be elected president for more than two terms. upon his election in accordance with sub-article 2 of this article, the president, before commencing his responsibility, shall, at a time the joint session of the houses determines, present himself before it and shall make a declaration of loyalty to the constitution and the peoples of ethiopia in the following words: "i ........., when on this date commence my responsibility as president of the federal democratic republic of ethiopia, pledge to carry out faithfully the high responsibility entrusted to me." article 71. powers and functions of the president he shall open the joint session of the house of peoples' representatives and the house of the federation at the commencement of their annual sessions. he shall proclaim in the negarit gazeta laws and international agreements approved by the house of peoples' representatives in accordance with the constitution. he shall, upon recommendation by the prime minister, appoint ambassadors and other envoys to represent the country abroad. he shall receive the credentials of foreign ambassadors and special envoys. he shall award medals, prizes and gifts in accordance with conditions and procedures established by law. he shall, upon recommendation by the prime minister and in accordance with law, grant high military titles. he shall, in accordance with conditions and procedures established by law, grant pardon. chapter eight. the executive article 72. the powers of the executive the highest executive powers of the federal government are vested in the prime minister and in the council of ministers. the prime minister and the council of ministers are responsible to the house of peoples' representatives. in the exercise of state functions, members of the council of ministers are collectively responsible for all decisions they make as a body. unless otherwise provided in this constitution the term of office of the prime minister is for the duration of the mandate of the house of peoples' representatives. article 73. appointment of the prime minister the prime minister shall be elected from among members of the house of peoples' representatives. power of government shall be assumed by the political party or a coalition of political parties that constitutes a majority in the house of peoples' representatives. article 74. powers and functions of the prime minister the prime minister is the chief executive, the chairman of the council of ministers, and the commander-in-chief of the national armed forces. the prime minister shall submit for approval to the house of peoples' representatives nominees for ministerial posts from among members of the two houses or from among persons who are not members of either house and possess the required qualifications. he shall follow up and ensure the implementation of laws, policies, directives and other decisions adopted by the house of peoples' representatives. he leads the council of ministers, coordinates its activities and acts as its representative. he exercises overall supervision over the implementation of policies, regulations, directives and decisions adopted by the council of ministers. he exercises overall supervision over the implementation of the country's foreign policy. he selects and submits for approval to the house of peoples' representatives nominations for posts of commissioners, the president and vice-president of the federal supreme court and the auditor general. he supervises the conduct and efficiency of the federal administration and takes such corrective measures as are necessary. he appoints high civilian officials of the federal government other than those referred to in sub-articles 2 and 3 of this article. in accordance with law enacted or decision adopted by the house of peoples' representatives, he recommends to the president nominees for the award of medals, prizes and gifts. he shall submit to the house of peoples' representatives periodic reports on work accomplished by the executive as well as on its plans and proposals. he shall discharge all responsibilities entrusted to him by this constitution and other laws. he shall obey and enforce the constitution. article 75. deputy prime minister the deputy prime minister shall: carry out responsibilities which shall be specifically entrusted to him by the prime minister; act on behalf of the prime minister in his absence. the deputy prime minister shall be responsible to the prime minister. article 76. the council of ministers the council of ministers comprises the prime minister, the deputy prime minister, ministers and other members as may be determined by law. the council of ministers is responsible to the prime minister. in all its decisions, the council of ministers is responsible to the house of peoples' representatives. article 77. powers and functions of the council of ministers the council of ministers ensures the implementation of laws and decisions adopted by the house of peoples' representatives. it shall decide on the organizational structure of ministries and other organs of government responsible to it; it shall coordinate their activities and provide leadership. it shall draw up the annual federal budget and, when approved by the house of peoples' representatives, it shall implement it. it shall ensure the proper execution of financial and monetary policies of the country; it shall administer the national bank, decide on the printing of money and minting of coins, borrow money from domestic and external sources, and regulate foreign exchange matters. it shall protect patents and copyrights. it shall formulate and implement economic, social and development policies and strategies. it shall provide uniform standards of measurement and calendar. it shall formulate the country's foreign policy and exercise overall supervision over its implementation. it shall ensure the observance of law and order. it has the power to declare a state of emergency; in doing so, it shall, within the time limit prescribed by the constitution, submit the proclamation declaring a state of emergency for approval by the house of peoples' representatives. it shall submit draft laws to the house of peoples' representatives on any matter falling within its competence, including draft laws on a declaration of war. it shall carry out other responsibilities that may be entrusted to it by the house of peoples' representatives and the prime minister. it shall enact regulations pursuant to powers vested in it by the house of peoples' representatives. chapter nine. structure and powers of the courts article 78. independence of the judiciary an independent judiciary is established by this constitution. supreme federal judicial authority is vested in the federal supreme court. the house of peoples' representatives may, by two-thirds majority vote, establish nationwide, or in some parts of the country only, the federal high court and first-instance courts it deems necessary. unless decided in this manner, the jurisdictions of the federal high court and of the first-instance courts are hereby delegated to the state courts. states shall establish state supreme, high and first-instance courts. particulars shall be determined by law. special or ad hoc courts which take judicial powers away from the regular courts or institutions legally empowered to exercise judicial functions and which do not follow legally prescribed procedures shall not be established. pursuant to sub-article 5 of article 34 the house of peoples' representatives and state councils can establish or give official recognition to religious and customary courts. religious and customary courts that had state recognition and functioned prior to the adoption of the constitution shall be organized on the basis of recognition accorded to them by this constitution. article 79. judicial powers judicial powers, both at federal and state levels, are vested in the courts. courts of any level shall be free from any interference of influence of any governmental body, government official or from any other source. judges shall exercise their functions in full independence and shall be directed solely by the law. no judge shall be removed from his duties before he reaches the retirement age determined by law except under the following conditions: when the judicial administration council decides to remove him for violation of disciplinary rules or on grounds of gross incompetence or inefficiency; or when the judicial administration council decides that a judge can no longer carry out his responsibilities on account of illness; and when the house of peoples' representatives or the concerned state council approves by a majority vote the decisions of the judicial administration council. the retirement of judges may not be extended beyond the retirement age determined by law. the federal supreme court shall draw up and submit to the house of peoples' representatives for approval the budget of the federal courts, and upon approval administer the budget. budgets of state courts shall be determined by the respective state council. the house of peoples' representatives shall allocate compensatory budgets for states whose supreme and high courts concurrently exercise the jurisdictions of the federal high court and federal first-instance courts. article 80. concurrent jurisdiction of courts the federal supreme court shall have the highest and final judicial power over federal matters. state supreme courts shall have the highest and final judicial power over state matters. they shall also exercise the jurisdiction of the federal high court. notwithstanding the provisions of sub-articles 1 and 2 of this article; the federal supreme court has a power of cassation over any final court decision containing a basic error of law. particulars shall be determined by law. the state supreme court has power of cassation over any final court decision on state matters which contains a basic error of law. particulars shall be determined by law. state high courts shall, in addition to state jurisdiction, exercise the jurisdiction of the federal first-instance court. decisions rendered by a state high court exercising the jurisdiction of the federal first-instance court are appealable to the state supreme court. decisions rendered by a state supreme court on federal matters are appealable to the federal supreme court. article 81. appointment of judges the president and vice-president of the federal supreme court shall, upon recommendation by the prime minister, be appointed by the house of people's representatives. regarding other federal judges, the prime minister shall submit to the house of peoples' representatives for appointment candidates selected by the federal judicial administration council. the state council shall, upon recommendation by the chief executive of the state, appoint the president and vice-president of the state supreme court. state supreme and high court judges shall, upon recommendation by the state judicial administration council, be appointed by the state council. the state judicial administration council, before submitting nominations to the state council, has the responsibility to solicit and obtain the views of the federal judicial administration council on the nominees and to forward those views along with its recommendations. if the federal judicial administration council does not submit its views within three months, the state council may grant the appointments. judges of state first-instance courts shall, upon recommendation by the state judicial administration council, be appointed by the state council. matters of code of professional conduct and discipline as well as transfer of judges of any court shall be determined by the concerned judicial administration council. article 82. structure of the council of constitutional inquiry the council of constitutional inquiry is established by this constitution. the council of constitutional inquiry shall have eleven members comprising: the president of the federal supreme court, who shall serve as its president; the vice-president of the federal supreme court, who shall serve as its vice-president; six legal experts, appointed by the president of the republic on recommendation by the house of peoples' representatives, who shall have proven professional competence and high moral standing; three persons designated by the house of the federation from among its members. the council of constitutional inquiry shall establish organizational structure which can ensure expeditious execution of its responsibilities. article 83. interpretation of the constitution all constitutional disputes shall be decided by the house of the federation. the house of the federation shall, within thirty days of receipt, decide a constitutional dispute submitted to it by the council of constitutional inquiry. article 84. powers and functions of the council of constitutional inquiry the council of constitutional inquiry shall have powers to investigate constitutional disputes. should the council, upon consideration of the matter, find it necessary to interpret the constitution, it shall submit its recommendations thereon to the house of the federation. where any federal or state law is contested as being unconstitutional and such a dispute is submitted to it by any court or interested party, the council shall consider the matter and submit it to the house of the federation for a final decision. when issues of constitutional interpretation arise in the courts, the council shall: remand the case to the concerned court if it finds there is no need for constitutional interpretation; the interested party, if dissatisfied with the decision of the council, may appeal to the house of the federation. submit its recommendations to the house of the federation for a final decision if it believes there is a need for constitutional interpretation. the council shall draft its rules of procedure and submit them to the house of the federation; and implement them upon approval. chapter ten. national policy principles and objectives article 85. objectives any organ of government shall, in the implementation of the constitution, other laws and public policies, be guided by the principles and objectives specified under this chapter. the term "government" in this chapter shall mean a federal or state government as the case may be. article 86. principles for external relations to promote policies of foreign relations based on the protection of national interests and respect for the sovereignty of the country. to promote mutual respect for national sovereignty and equality of states and noninterference in the internal affairs of other states. to ensure that the foreign relation policies of the country are based on mutual interests and equality of states as well as that international agreements promote the interests of ethiopia. to observe international agreements which ensure respect for ethiopia's sovereignty and are not contrary to the interests of its peoples. to forge and promote ever growing economic union and fraternal relations of peoples with ethiopia's neighbors and other african countries. to seek and support peaceful solutions to international disputes. article 87. principles for national defence the composition of the national armed forces shall reflect the equitable representation of the nations. nationalities and peoples of ethiopia. the minister of defence shall be a civilian. the armed forces shall protect the sovereignty of the country and carry out any responsibilities as may be assigned to them under any state of emergency declared in accordance with the constitution. the armed forces shall at all times obey and respect the constitution. the armed forces shall carry out their functions free of any partisanship to any political organization(s). article 88. political objectives guided by democratic principles, government shall promote and support the people's self-rule at all levels. government shall respect the identity of nations, nationalities and peoples. accordingly government shall have the duty to strengthen ties of equality, unity and fraternity among them. article 89. economic objectives government shall have the duty to formulate policies which ensure that all ethiopians can benefit from the country's legacy of intellectual and material resources. government has the duty to ensure that all ethiopians get equal opportunity to improve their economic conditions and to promote equitable distribution of wealth among them. government shall take measures to avert any natural and man-made disasters, and, in the event of disasters, to provide timely assistance to the victims. government shall provide special assistance to nations, nationalities, and peoples least advantaged in economic and social development. government has the duty to hold, on behalf of the people, land and other natural resources and to deploy them for their common benefit and development. government shall at all times promote the participation of the people in the formulation of national development policies and programmes; it shall also have the duty to support the initiatives of the people in their development endeavours. government shall ensure the participation of women in equality with men in all economic and social development endeavours. government shall endeavour to protect and promote the health, welfare and living standards of the working population of the country. article 90. social objectives to the extent the country's resources permit, policies shall aim to provide all ethiopians access to public health and education, clean water, housing, food and social security. education shall be provided in a manner that is free from any religious influence, political partisanship or cultural prejudices. article 91. cultural objectives government shall have the duty to support, on the basis of equality, the growth and enrichment of cultures and traditions that are compatible with fundamental rights, human dignity, democratic norms and ideals, and the provisions of the constitution. government and all ethiopian citizens shall have the duty to protect the country's natural endowment, historical sites and objects. government shall have the duty, to the extent its resources permit, to support the development of the arts, science and technology. article 92. environmental objectives government shall endeavour to ensure that all ethiopians live in a clean and healthy environment. the design and implementation of programmes and projects of development shall not damage or destroy the environment. people have the right to full consultation and to the expression of views in the planning and implementation of environmental policies and projects that affect them directly. government and citizens shall have the duty to protect the environment. chapter eleven. miscellaneous provisions article 93. declaration of state of emergency 1 the council of ministers of the federal government shall have the power to decree a state of emergency should an external invasion, a breakdown of law and order which endangers the constitutional order and which cannot be controlled by the regular law enforcement agencies and personnel, a natural disaster, or an epidemic occur. state executives can decree a state-wide state of emergency should a natural disaster or an epidemic occur. particulars shall be determined in state constitutions to be promulgated in conformity with this constitution. a state of emergency declared in accordance with sub-article 1(a) of this article: if declared when the house of peoples' representatives is in session, the decree shall be submitted to the house within forty-eight hours of its declaration. the decree, if not approved by a two-thirds majority vote of members of the house of peoples' representatives, shall be repealed forthwith. subject to the required vote of approval set out in (a) of this sub-article, the decree declaring a state of emergency when the house of peoples' representatives is not in session shall be submitted to it within fifteen days of its adoption. a state of emergency decreed by the council of ministers, if approved by the house of peoples' representatives, can remain in effect up to six months. the house of peoples' representatives may, by a two-thirds majority vote, allow the state of emergency proclamation to be renewed every four months successively. 4 when a state of emergency is declared, the council of ministers shall, in accordance with regulations it issues, have all necessary power to protect the country's peace and sovereignty, and to maintain public security, law and order. the council of ministers shall have the power to suspend such political and democratic rights contained in this constitution to the extent necessary to avert the conditions that required the declaration of a state of emergency. in the exercise of its emergency powers the council of ministers cannot, however, suspend or limit the rights provided for in articles 1, 18, 25, and sub-articles 1 and 2 of article 39 of this constitution. the house of peoples' representatives, while declaring a state of emergency, shall simultaneously establish a state of emergency inquiry board, comprising of seven persons to be chosen and assigned by the house from among its members and from legal experts. the state of emergency inquiry board shall have the following powers and responsibilities: to make public within one month the names of all individuals arrested on account of the state of emergency together with the reasons for their arrest. to inspect and follow up that no measure taken during the state of emergency is inhumane. to recommend to the prime minister or to the council of ministers corrective measures if it finds any case of inhumane treatment. to ensure the prosecution of perpetrators of inhumane acts. to submit its views to the house of peoples' representatives on a request to extend the duration of the state of emergency. article 94. financial expenditures the federal government and the states shall respectively bear all financial expenditures necessary to carry out all responsibilities and functions assigned to them by law. unless otherwise agreed upon, the financial expenditures required for the carrying out of any delegated function by a state shall be borne by the delegating party. the federal government may grant to states emergency, rehabilitation and development assistance and loans, due care being taken that such assistance and loans do not hinder the proportionate development of states. the federal government shall have the power to audit and inspect the proper utilization of subsidies it grants to the states. article 95. revenue the federal government and the states shall share revenue taking the federal arrangement into account. article 96. federal power of taxation the federal government shall levy and collect custom duties, taxes and other charges on imports and exports. it shall levy and collect income tax on employees of the federal government and international organizations. it shall levy and collect income, profit, sales and excise taxes on enterprises owned by the federal government. it shall tax the income and winnings of national lotteries and other games of chance. it shall levy and collect taxes on the income of air, rail and sea transport services. it shall levy and collect taxes on income of houses and properties owned by the federal government; it shall fix rents. it shall determine and collect fees and charges relating to licenses issued and services rendered by organs of the federal government. it shall levy and collect taxes on monopolies. it shall levy and collect federal stamp duties. article 97. state power of taxation states shall levy and collect income taxes on employees of the state and of private enterprises. states shall determine and collect fees for land usufractuary rights. states shall levy and collect taxes on the incomes of private farmers and farmers incorporated in cooperative associations. states shall levy and collect profit and sales taxes on individual traders carrying out a business within their territory. states shall levy and collect taxes on income from transport services rendered on waters within their territory. they shall levy and collect taxes on income derived from private houses and other properties within the state. they shall collect rent on houses and other properties they own. states shall levy and collect profit, sales, excise and personal income taxes on income of enterprises owned by the states. consistent with the provisions sub-article 3 of article 98, states shall levy and collect taxes on income derived from mining operations, and royalties and land rentals on such operations. they shall determine and collect fees and charges relating to licenses issued and services rendered by state organs. they shall fix and collect royalty for use of forest resources. article 98. concurrent power of taxation the federal government and the states shall jointly levy and collect profit, sales, excise and personal income taxes on enterprises they jointly establish. they shall jointly levy and collect taxes on the profits of companies and on dividends due to shareholders. they shall jointly levy and collect taxes on incomes derived from large-scale mining and all petroleum and gas operations, and royalties on such operations. article 99. undesignated powers of taxation the house of the federation and the house of peoples' representatives shall, in a joint session, determine by a two-thirds majority vote on the exercise of powers of taxation which have not been specifically provided for in the constitution. article 100. directives on taxation in exercising their taxing powers, states and the federal government shall ensure that any tax is related to the source of revenue taxed and that it is determined following proper considerations. they shall ensure that the tax does not adversely affect their relationship and that the rate and amount of taxes shall be commensurate with services the taxes help deliver. neither states nor the federal government shall levy and collect taxes on each other's property unless it is a profit-making enterprise. article 101. the auditor general the auditor general shall, upon recommendation of the prime minister, be appointed by the house of peoples' representatives. the auditor general shall audit and inspect the accounts of ministries and other agencies of the federal government to ensure that expenditures are properly made for activities carried out during the fiscal year and in accordance with the approved allocations, and submit his reports thereon to the house of peoples' representatives. the auditor general shall draw up and submit for approval to the house of peoples' representatives his office's annual budget. the details of functions of the auditor general shall be determined by law. article 102. election board there shall be established a national election board independent of any influence, to conduct in an impartial manner free and fair election in federal and state constituencies. members of the board shall be appointed by the house of peoples' representatives upon recommendation of the prime minister. particulars shall be determined by law. article 103. population census commission there shall be established a national census commission that shall conduct a population census periodically. members of the national census commission shall be appointed by the house of peoples' representatives upon recommendation of the prime minister. the commission shall have a secretary general and necessary professional and support staff. the annual budget of the commission shall be submitted for approval to the house of peoples' representatives. a national population census shall be conducted every ten years. the house of the federation shall determine the boundaries of constituencies on the basis of the census results and a proposal submitted to the house by the national election board. the commission shall be accountable to the house of peoples' representatives. it shall submit to the house periodic reports on the conduct of its programmes and activities. article 104. initiation of amendments any proposal for constitutional amendment, if supported by a two-thirds majority vote in the house of peoples' representatives, or by a two-thirds majority vote in the house of the federation or when one-third of the state councils of the member states of the federation, by a majority vote in each council have supported it, shall be submitted for discussion and decision to the general public and to those whom the amendment of the constitution concerns. article 105. amendment of the constitution all rights and freedoms specified in chapter three of this constitution, this very article, and article 104 can be amended only in the following manner: when all state councils, by a majority vote, approve the proposed amendment; when the house of peoples' representatives, by a two-thirds majority vote, approves the proposed amendment; and when the house of the federation, by a two-thirds majority vote, approves the proposed amendment. all provisions of this constitution other than those specified in sub-article 1 of this article can be amended only in the following manner: when the house of peoples' representatives and the house of the federation, in a joint session, approve a proposed amendment by a two-thirds majority vote; and when two-thirds of the councils of the member states of the federation approve the proposed amendment by majority votes. article 106. the version with final legal authority the amharic version of this constitution shall have final legal authority. preamble we the people of zimbabwe, united in our diversity by our common desire for freedom, justice and equality, and our heroic resistance to colonialism, racism and all forms of domination and oppression, exalting and extolling the brave men and women who sacrificed their lives during the chimurenga / umvukela and national liberation struggles, honouring our forebears and compatriots who toiled for the progress of our country, recognising the need to entrench democracy, good, transparent and accountable governance and the rule of law, reaffirming our commitment to upholding and defending fundamental human rights and freedoms, acknowledging the richness of our natural resources, celebrating the vibrancy of our traditions and cultures, determined to overcome all challenges and obstacles that impede our progress, cherishing freedom, equality, peace, justice, tolerance, prosperity and patriotism in search of new frontiers under a common destiny, acknowledging the supremacy of almighty god, in whose hands our future lies, resolve by the tenets of this constitution to commit ourselves to build a united, just and prosperous nation, founded on values of transparency, equality, freedom, fairness, honesty and the dignity of hard work, and, imploring the guidance and support of almighty god, hereby make this constitution and commit ourselves to it as the fundamental law of our beloved land. chapter 1. founding provisions 1. the republic zimbabwe is a unitary, democratic and sovereign republic. 2. supremacy of constitution this constitution is the supreme law of zimbabwe and any law, practice, custom or conduct inconsistent with it is invalid to the extent of the inconsistency. the obligations imposed by this constitution are binding on every person, natural or juristic, including the state and all executive, legislative and judicial institutions and agencies of government at every level, and must be fulfilled by them. 3. founding values and principles zimbabwe is founded on respect for the following values and principles-supremacy of the constitution; the rule of law; fundamental human rights and freedoms; the nation's diverse cultural, religious and traditional values; recognition of the inherent dignity and worth of each human being; recognition of the equality of all human beings; gender equality; good governance; and recognition of and respect for the liberation struggle. the principles of good governance, which bind the state and all institutions and agencies of government at every level, include-a multi-party democratic political system; an electoral system based on-universal adult suffrage and equality of votes; free, fair and regular elections; and adequate representation of the electorate; the orderly transfer of power following elections; respect for the rights of all political parties; observance of the principle of separation of powers; respect for the people of zimbabwe, from whom the authority to govern is derived; transparency, justice, accountability and responsiveness; the fostering of national unity, peace and stability, with due regard to diversity of languages, customary practices and traditions; recognition of the rights of-ethnic, racial, cultural, linguistic and religious groups; persons with disabilities; women, the elderly, youths and children; veterans of the liberation struggle; the equitable sharing of national resources, including land; due respect for vested rights; and the devolution and decentralisation of governmental power and functions. 4. national flag, national anthem, public seal and coat of arms zimbabwe has a national flag, a national anthem, a coat of arms and a public seal, which are set out in the first schedule. 5. tiers of government the tiers of government in zimbabwe are-the national government; provincial and metropolitan councils; and local authorities, that is to say-urban councils, by whatever name called, to represent and manage the affairs of people in urban areas; and rural councils, by whatever name called, to represent and manage the affairs of people in rural areas within the districts into which the provinces are divided. 6. languages the following languages, namely chewa, chibarwe, english, kalanga, koisan, nambya, ndau, ndebele, shangani, shona, sign language, sotho, tonga, tswana, venda and xhosa, are the officially recognised languages of zimbabwe. an act of parliament may prescribe other languages as officially recognised languages and may prescribe languages of record. the state and all institutions and agencies of government at every level must-ensure that all officially recognised languages are treated equitably; and take into account the language preferences of people affected by governmental measures or communications. the state must promote and advance the use of all languages used in zimbabwe, including sign language, and must create conditions for the development of those languages. 7. promotion of public awareness of constitution the state must promote public awareness of this constitution, in particular by-translating it into all officially recognised languages and disseminating it as widely as possible; requiring this constitution to be taught in schools and as part of the curricula for the training of members of the security services, the civil service and members and employees of public institutions; and encouraging all persons and organisations, including civic organisations, to disseminate awareness and knowledge of this constitution throughout society. chapter 2. national objectives 8. objectives to guide state and all institutions and agencies of government the objectives set out in this chapter guide the state and all institutions and agencies of government at every level in formulating and implementing laws and policy decisions that will lead to the establishment, enhancement and promotion of a sustainable, just, free and democratic society in which people enjoy prosperous, happy and fulfilling lives. regard must be had to the objectives set out in this chapter when interpreting the state's obligations under this constitution and any other law. 9. good governance the state must adopt and implement policies and legislation to develop efficiency, competence, accountability, transparency, personal integrity and financial probity in all institutions and agencies of government at every level and in every public institution, and in particular-appointments to public offices must be made primarily on the basis of merit; measures must be taken to expose, combat and eradicate all forms of corruption and abuse of power by those holding political and public offices. the state must ensure that all institutions and agencies of government at every level, in particular commissions and other bodies established by or under this constitution, are provided with adequate resources and facilities to enable them to carry out their functions conscientiously, fairly, honestly and efficiently. 10. national unity, peace and stability the state and every person, including juristic persons, and every institution and agency of government at every level, must promote national unity, peace and stability. 11. fostering of fundamental rights and freedoms the state must take all practical measures to protect the fundamental rights and freedoms enshrined in chapter 4 and to promote their full realisation and fulfilment. 12. foreign policy the foreign policy of zimbabwe must be based on the following principles-the promotion and protection of the national interests of zimbabwe; respect for international law; peaceful co-existence with other nations; and the settlement of international disputes by peaceful means. the state must promote regional and pan-african cultural, economic and political cooperation and integration and must participate in international and regional organisations that stand for peace and the well-being and progress of the region, the continent and humanity. 13. national development the state and all institutions and agencies of government at every level must endeavour to facilitate rapid and equitable development, and in particular must take measures to-promote private initiative and self-reliance; foster agricultural, commercial, industrial, technological and scientific development; foster the development of industrial and commercial enterprises in order to empower zimbabwean citizens; and bring about balanced development of the different areas of zimbabwe, in particular a proper balance in the development of rural and urban areas. measures referred to in this section must involve the people in the formulation and implementation of development plans and programmes that affect them. measures referred to in this section must protect and enhance the right of the people, particularly women, to equal opportunities in development. the state must ensure that local communities benefit from the resources in their areas. 14. empowerment and employment creation the state and all institutions and agencies of government at every level must endeavour to facilitate and take measures to empower, through appropriate, transparent, fair and just affirmative action, all marginalised persons, groups and communities in zimbabwe. at all times the state and all institutions and agencies of government at every level must ensure that appropriate and adequate measures are undertaken to create employment for all zimbabweans, especially women and youths. 15. food security the state must-encourage people to grow and store adequate food; secure the establishment of adequate food reserves; and encourage and promote adequate and proper nutrition through mass education and other appropriate means. 16. culture the state and all institutions and agencies of government at every level must promote and preserve cultural values and practices which enhance the dignity, well-being and equality of zimbabweans. the state and all institutions and agencies of government at every level, and all zimbabwean citizens, must endeavour to preserve and protect zimbabwe's heritage. the state and all institutions and agencies of government at every level must take measures to ensure due respect for the dignity of traditional institutions. 17. gender balance the state must promote full gender balance in zimbabwean society, and in particular-the state must promote the full participation of women in all spheres of zimbabwean society on the basis of equality with men; the state must take all measures, including legislative measures, needed to ensure that-both genders are equally represented in all institutions and agencies of government at every level; and women constitute at least half the membership of all commissions and other elective and appointed governmental bodies established by or under this constitution or any act of parliament; the state and all institutions and agencies of government at every level must take practical measures to ensure that women have access to resources, including land, on the basis of equality with men. the state must take positive measures to rectify gender discrimination and imbalances resulting from past practices and policies. 18. fair regional representation the state must promote the fair representation of all zimbabwe's regions in all institutions and agencies of government at every level. the state and all institutions and agencies of the state and government at every level must take practical measures to ensure that all local communities have equitable access to resources to promote their development. 19. children the state must adopt policies and measures to ensure that in matters relating to children, the best interests of the children concerned are paramount. the state must adopt reasonable policies and measures, within the limits of the resources available to it, to ensure that children-enjoy family or parental care, or appropriate care when removed from the family environment; have shelter and basic nutrition, health care and social services; are protected from maltreatment, neglect or any form of abuse; and have access to appropriate education and training. the state must take appropriate legislative and other measures-to protect children from exploitative labour practices; and to ensure that children are not required or permitted to perform work or provide services that. are inappropriate for the children's age; or place at risk the children's well-being, education, physical or mental health or spiritual, moral or social development. 20. youths the state and all institutions and agencies of government at every level must take reasonable measures, including affirmative action programmes, to ensure that youths, that is to say people between the ages of fifteen and thirty-five years-have access to appropriate education and training; have opportunities to associate and to be represented and participate in political, social, economic and other spheres of life; are afforded opportunities for employment and other avenues to economic empowerment; have opportunities for recreational activities and access to recreational facilities; and are protected from harmful cultural practices, exploitation and all forms of abuse. an act of parliament may provide for one or more national youth programmes. measures and programmes referred to in subsections (1) and (2) must be inclusive, nonpartisan and national in character. 21. elderly persons the state and all institutions and agencies of government at every level must take reasonable measures, including legislative measures, to secure respect, support and protection for elderly persons and to enable them to participate in the life of their communities. the state and all institutions and agencies of government at every level must endeavour, within the limits of the resources available to them-to encourage elderly persons to participate fully in the affairs of society; to provide facilities, food and social care for elderly persons who are in need; to develop programmes to give elderly persons the opportunity to engage in productive activity suited to their abilities and consistent with their vocations and desires; and to foster social organisations aimed at improving the quality of life of elderly persons. 22. persons with disabilities the state and all institutions and agencies of government at every level must recognise the rights of persons with physical or mental disabilities, in particular their right to be treated with respect and dignity. the state and all institutions and agencies of government at every level must, within the limits of the resources available to them, assist persons with physical or mental disabilities to achieve their full potential and to minimise the disadvantages suffered by them. in particular, the state and all institutions and agencies of government at every level must-develop programmes for the welfare of persons with physical or mental disabilities, especially work programmes consistent with their capabilities and acceptable to them or their legal representatives; consider the specific requirements of persons with all forms of disability as one of the priorities in development plans; encourage the use and development of forms of communication suitable for persons with physical or mental disabilities; and foster social organisations aimed at improving the quality of life of persons with all forms of disability. the state must take appropriate measures to ensure that buildings and amenities to which the public has access are accessible to persons with disabilities. 23. veterans of the liberation struggle the state and all institutions and agencies of government at every level must accord due respect, honour and recognition to veterans of the liberation struggle, that is to say-those who fought in the war of liberation; those who assisted the fighters in the war of liberation; and those who were imprisoned, detained or restricted for political reasons during the liberation struggle. the state must take reasonable measures, including legislative measures, for the welfare and economic empowerment of veterans of the liberation struggle. 24. work and labour relations the state and all institutions and agencies of government at every level must adopt reasonable policies and measures, within the limits of the resources available to them, to provide everyone with an opportunity to work in a freely chosen activity, in order to secure a decent living for themselves and their families. the state and all institutions and agencies of government at every level must endeavour to secure-full employment; the removal of restrictions that unnecessarily inhibit or prevent people from working and otherwise engaging in gainful economic activities; vocational guidance and the development of vocational and training programmes, including those for persons with disabilities; and the implementation of measures such as family care that enable women to enjoy a real opportunity to work. 25. protection of the family the state and all institutions and agencies of government at every level must protect and foster the institution of the family and in particular must endeavour, within the limits of the resources available to them, to adopt measures for-the provision of care and assistance to mothers, fathers and other family members who have charge of children; and the prevention of domestic violence. 26. marriage the state must take appropriate measures to ensure that-no marriage is entered into without the free and full consent of the intending spouses; children are not pledged in marriage; there is equality of rights and obligations of spouses during marriage and at its dissolution; and in the event of dissolution of a marriage, whether through death or divorce, provision is made for the necessary protection of any children and spouses. 27. education the state must take all practical measures to promote-free and compulsory basic education for children; and higher and tertiary education. the state must take measures to ensure that girls are afforded the same opportunities as boys to obtain education at all levels. 28. shelter the state and all institutions and agencies of government at every level must take reasonable legislative and other measures, within the limits of the resources available to them, to enable every person to have access to adequate shelter. 29. health services the state must take all practical measures to ensure the provision of basic, accessible and adequate health services throughout zimbabwe. the state must take appropriate, fair and reasonable measures to ensure that no person is refused emergency medical treatment at any health institution. the state must take all preventive measures within the limits of the resources available to it, including education and public awareness programmes, against the spread of disease. 30. social welfare the state must take all practical measures, within the limits of the resources available to it, to provide social security and social care to those who are in need. 31. legal aid the state must take all practical measures, within the limits of the resources available to it, to provide legal representation in civil and criminal cases for people who need it and are unable to afford legal practitioners of their choice. 32. sporting and recreational facilities the state must take all practical measures to encourage sporting and recreational activities, including the provision of sporting and recreational facilities for all people. 33. preservation of traditional knowledge the state must take measures to preserve, protect and promote indigenous knowledge systems, including knowledge of the medicinal and other properties of animal and plant life possessed by local communities and people. 34. domestication of international instruments the state must ensure that all international conventions, treaties and agreements to which zimbabwe is a party are incorporated into domestic law. chapter 3. citizenship 35. zimbabwean citizenship persons are zimbabwean citizens by birth, descent or registration. all zimbabwean citizens are equally entitled to the rights, privileges and benefits of citizenship and are equally subject to the duties and obligations of citizenship. all zimbabwean citizens are entitled to the following rights and benefits, in addition to any others granted to them by law-to the protection of the state wherever they may be; to passports and other travel documents; and to birth certificates and other identity documents issued by the state. zimbabwean citizens have the following duties, in addition to any others imposed upon them by law-to be loyal to zimbabwe; to observe this constitution and to respect its ideals and institutions; to respect the national flag and the national anthem; and to the best of their ability, to defend zimbabwe and its sovereignty. 36. citizenship by birth persons are zimbabwean citizens by birth if they were born in zimbabwe and, when they were born-either their mother or their father was a zimbabwean citizen; or any of their grandparents was a zimbabwean citizen by birth or descent. persons born outside zimbabwe are zimbabwean citizens by birth if, when they were born, either of their parents was a zimbabwean citizen and-ordinarily resident in zimbabwe; or working outside zimbabwe for the state or an international organisation. a child found in zimbabwe who is, or appears to be, less than fifteen years of age, and whose nationality and parents are not known, is presumed to be a zimbabwean citizen by birth. 37. citizenship by descent subject to section 36(2), persons born outside zimbabwe are zimbabwean citizens by descent if, when they were born-either of their parents or any of their grandparents was a zimbabwean citizen by birth or descent; or either of their parents was a zimbabwean citizen by registration; and the birth is registered in zimbabwe in accordance with the law relating to the registration of births. 38. citizenship by registration any person who has been married to a zimbabwean citizen for at least five years, whether before or after the effective date, and who satisfies the conditions prescribed by an act of parliament, is entitled, on application, to be registered as a zimbabwean citizen. any person who has been continuously and lawfully resident in zimbabwe for at least ten years, whether before or after the effective date, and who satisfies the conditions prescribed by an act of parliament, is entitled, on application, to be registered as a zimbabwean citizen. a child who is not a zimbabwean citizen, but is adopted by a zimbabwean citizen, whether before or after the effective date, is entitled, on application, to be registered as a zimbabwean citizen. 39. revocation of citizenship zimbabwean citizenship by registration may be revoked if-the person concerned acquired the citizenship by fraud, false representation or concealment of a material fact; or during a war in which zimbabwe was engaged, the person concerned unlawfully traded or communicated with an enemy or was engaged in or associated with any business that was knowingly carried on so as to assist an enemy in that war. zimbabwean citizenship by birth may be revoked if---the citizenship was acquired by fraud, false representation or concealment of a material fact by any person; or in the case of a person referred to in section 36(3), the person's nationality or parentage becomes known, and reveals that the person was a citizen of another country. zimbabwean citizenship must not be revoked under this section if the person would be rendered stateless. 40. retention of citizenship despite marriage or dissolution of marriage zimbabwean citizenship is not lost through marriage or the dissolution of marriage. 41. citizenship and immigration board an act of parliament must provide for the establishment of a citizenship and immigration board consisting of a chairperson and at least two other members, appointed by the president, to be responsible for-granting and revoking citizenship by registration; permitting persons, other than citizens, to reside and work in zimbabwe, and fixing the terms and conditions under which they may so reside and work; and exercising any other functions that may be conferred or imposed on the board by or under an act of parliament. 42. powers of parliament in regard to citizenship an act of parliament may make provision, consistent with this chapter, for-procedures by which zimbabwean citizenship by registration may be acquired; the voluntary renunciation of zimbabwean citizenship; procedures for the revocation of zimbabwean citizenship by registration; the restoration of zimbabwean citizenship; the prohibition of dual citizenship in respect of citizens by descent or registration; and generally giving effect to this chapter. 43. continuation and restoration of previous citizenship every person who, immediately before the effective date, was a zimbabwean citizen continues to be a zimbabwean citizen after that date. every person who was born in zimbabwe before the effective date is a zimbabwean citizen by birth if-one or both of his or her parents was a citizen of a country which became a member of the southern african development community established by the treaty signed at windhoek in the republic of namibia on the 17th august, 1992; and he or she was ordinarily resident in zimbabwe on the effective date. chapter 4. declaration of rights part 1. application and interpretation of chapter 4 44. duty to respect fundamental human rights and freedoms the state and every person, including juristic persons, and every institution and agency of the government at every level must respect, protect, promote and fulfil the rights and freedoms set out in this chapter. 45. application of chapter 4 this chapter binds the state and all executive, legislative and judicial institutions and agencies of government at every level. this chapter binds natural and juristic persons to the extent that it is applicable to them, taking into account the nature of the right or freedom concerned and any duty imposed by it. juristic persons as well as natural persons are entitled to the rights and freedoms set out in this chapter to the extent that those rights and freedoms can appropriately be extended to them. 46. interpretation of chapter 4 when interpreting this chapter, a court, tribunal, forum or body-must give full effect to the rights and freedoms enshrined in this chapter; must promote the values and principles that underlie a democratic society based on openness, justice, human dignity, equality and freedom, and in particular, the values and principles set out in section 3; must take into account international law and all treaties and conventions to which zimbabwe is a party; must pay due regard to all the provisions of this constitution, in particular the principles and objectives set out in chapter 2; and may consider relevant foreign law; in addition to considering all other relevant factors that are to be taken into account in the interpretation of a constitution. when interpreting an enactment, and when developing the common law and customary law, every court, tribunal, forum or body must promote and be guided by the spirit and objectives of this chapter. 47. chapter 4 does not preclude existence of other rights this chapter does not preclude the existence of other rights and freedoms that may be recognised or conferred by law, to the extent that they are consistent with this constitution. part 2. fundamental human rights and freedoms 48. right to life every person has the right to life. a law may permit the death penalty to be imposed only on a person convicted of murder committed in aggravating circumstances, and the law must permit the court a discretion whether or not to impose the penalty; the penalty may be carried out only in accordance with a final judgment of a competent court; the penalty must not be imposed on a person-who was less than twenty-one years old when the offence was committed; or who is more than seventy years old; the penalty must not be imposed or carried out on a woman; and the person sentenced must have a right to seek pardon or commutation of the penalty from the president. an act of parliament must protect the lives of unborn children, and that act must provide that pregnancy may be terminated only in accordance with that law. 49. right to personal liberty every person has the right to personal liberty, which includes the right-not to be detained without trial; and not to be deprived of their liberty arbitrarily or without just cause. no person may be imprisoned merely on the ground of inability to fulfil a contractual obligation. 50. rights of arrested and detained persons any person who is arrested-must be informed at the time of arrest of the reason for the arrest; must be permitted, without delay-at the expense of the state, to contact their spouse or partner, or a relative or legal practitioner, or anyone else of their choice; and at their own expense, to consult in private with a legal practitioner and a medical practitioner of their choice; and must be informed of this right promptly; must be treated humanely and with respect for their inherent dignity; must be released unconditionally or on reasonable conditions, pending a charge or trial, unless there are compelling reasons justifying their continued detention; and must be permitted to challenge the lawfulness of the arrest in person before a court and must be released promptly if the arrest is unlawful. any person who is arrested or detained-for the purpose of bringing him or her before a court; or for an alleged offence; and who is not released must be brought before a court as soon as possible and in any event not later than forty-eight hours after the arrest took place or the detention began, as the case may be, whether or not the period ends on a saturday, sunday or public holiday. any person who is not brought to court within the forty-eight hour period referred to in subsection (2) must be released immediately unless their detention has earlier been extended by a competent court. any person who is arrested or detained for an alleged offence has the right-to remain silent; to be informed promptly-of their right to remain silent; and of the consequences of remaining silent and of not remaining silent; not to be compelled to make any confession or admission; and at the first court appearance after being arrested, to be charged or to be informed of the reason why their detention should continue, or to be released. any person who is detained, including a sentenced prisoner, has the right-to be informed promptly of the reason for their being detained; at their own expense, to consult in private with a legal practitioner of their choice, and to be informed of this right promptly; to communicate with, and be visited by-a spouse or partner; a relative; their chosen religious counsellor; their chosen legal practitioner; their chosen medical practitioner; and subject to reasonable restrictions imposed for the proper administration of prisons or places of detention, anyone else of their choice; to conditions of detention that are consistent with human dignity, including the opportunity for physical exercise and the provision, at state expense, of adequate accommodation, ablution facilities, personal hygiene, nutrition, appropriate reading material and medical treatment; and to challenge the lawfulness of their detention in person before a court and, if the detention is unlawful, to be released promptly. any person who is detained pending trial for an alleged offence and is not tried within a reasonable time must be released from detention, either unconditionally or on reasonable conditions to ensure that after being released they-attend trial; do not interfere with the evidence to be given at the trial; and do not commit any other offence before the trial begins. if there are reasonable grounds to believe that a person is being detained illegally or if it is not possible to ascertain the whereabouts of a detained person, any person may approach the high court for an order-of habeas corpus, that is to say an order requiring the detained person to be released, or to be brought before the court for the lawfulness of the detention to be justified, or requiring the whereabouts of the detained person to be disclosed; or declaring the detention to be illegal and ordering the detained person's prompt release; and the high court may make whatever order is appropriate in the circumstances. an arrest or detention which contravenes this section, or in which the conditions set out in this section are not met, is illegal. any person who has been illegally arrested or detained is entitled to compensation from the person responsible for the arrest or detention, but a law may protect the following persons from liability under this section-a judicial officer acting in a judicial capacity reasonably and in good faith; any other public officer acting reasonably and in good faith and without culpable ignorance or negligence. 51. right to human dignity every person has inherent dignity in their private and public life, and the right to have that dignity respected and protected. 52. right to personal security every person has the right to bodily and psychological integrity, which includes the right-to freedom from all forms of violence from public or private sources; subject to any other provision of this constitution, to make decisions concerning reproduction; not to be subjected to medical or scientific experiments, or to the extraction or use of their bodily tissue, without their informed consent. 53. freedom from torture or cruel, inhuman or degrading treatment or punishment no person may be subjected to physical or psychological torture or to cruel, inhuman or degrading treatment or punishment. 54. freedom from slavery or servitude no person may be subjected to slavery or servitude. 55. freedom from forced or compulsory labour no person may be made to perform forced or compulsory labour. 56. equality and non-discrimination all persons are equal before the law and have the right to equal protection and benefit of the law. women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres. every person has the right not to be treated in an unfairly discriminatory manner on such grounds as their nationality, race, colour, tribe, place of birth, ethnic or social origin, language, class, religious belief, political affiliation, opinion, custom, culture, sex, gender, marital status, age, pregnancy, disability or economic or social status, or whether they were born in or out of wedlock. a person is treated in a discriminatory manner for the purpose of subsection (3) if-they are subjected directly or indirectly to a condition, restriction or disability to which other people are not subjected; or other people are accorded directly or indirectly a privilege or advantage which they are not accorded. discrimination on any of the grounds listed in subsection (3) is unfair unless it is established that the discrimination is fair, reasonable and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom. the state must take reasonable legislative and other measures to promote the achievement of equality and to protect or advance people or classes of people who have been disadvantaged by unfair discrimination, and-such measures must be taken to redress circumstances of genuine need; no such measure is to be regarded as unfair for the purposes of subsection (3). 57. right to privacy every person has the right to privacy, which includes the right not to have-their home, premises or property entered without their permission; their person, home, premises or property searched; their possessions seized; the privacy of their communications infringed; or their health condition disclosed. 58. freedom of assembly and association every person has the right to freedom of assembly and association, and the right not to assemble or associate with others. no person may be compelled to belong to an association or to attend a meeting or gathering. 59. freedom to demonstrate and petition every person has the right to demonstrate and to present petitions, but these rights must be exercised peacefully. 60. freedom of conscience every person has the right to freedom of conscience, which includes-freedom of thought, opinion, religion or belief; and freedom to practise and propagate and give expression to their thought, opinion, religion or belief, whether in public or in private and whether alone or together with others. no person may be compelled to take an oath that is contrary to their religion or belief or to take an oath in a manner that is contrary to their religion or belief. parents and guardians of minor children have the right to determine, in accordance with their beliefs, the moral and religious upbringing of their children, provided they do not prejudice the rights to which their children are entitled under this constitution, including their rights to education, health, safety and welfare. any religious community may establish institutions where religious instruction may be given, even if the institution receives a subsidy or other financial assistance from the state. 61. freedom of expression and freedom of the media every person has the right to freedom of expression, which includes-freedom to seek, receive and communicate ideas and other information; freedom of artistic expression and scientific research and creativity; and academic freedom. every person is entitled to freedom of the media, which freedom includes protection of the confidentiality of journalists' sources of information. broadcasting and other electronic media of communication have freedom of establishment, subject only to state licensing procedures that-are necessary to regulate the airwaves and other forms of signal distribution; and are independent of control by government or by political or commercial interests. all state-owned media of communication must-be free to determine independently the editorial content of their broadcasts or other communications; be impartial; and afford fair opportunity for the presentation of divergent views and dissenting opinions. freedom of expression and freedom of the media exclude-incitement to violence; advocacy of hatred or hate speech; malicious injury to a person's reputation or dignity; or malicious or unwarranted breach of a person's right to privacy. 62. access to information every zimbabwean citizen or permanent resident, including juristic persons and the zimbabwean media, has the right of access to any information held by the state or by any institution or agency of government at every level, in so far as the information is required in the interests of public accountability. every person, including the zimbabwean media, has the right of access to any information held by any person, including the state, in so far as the information is required for the exercise or protection of a right. every person has a right to the correction of information, or the deletion of untrue, erroneous or misleading information, which is held by the state or any institution or agency of the government at any level, and which relates to that person. legislation must be enacted to give effect to this right, but may restrict access to information in the interests of defence, public security or professional confidentiality, to the extent that the restriction is fair, reasonable, necessary and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom. 63. language and culture every person has the right-to use the language of their choice; and to participate in the cultural life of their choice; but no person exercising these rights may do so in a way that is inconsistent with this chapter. 64. freedom of profession, trade or occupation every person has the right to choose and carry on any profession, trade or occupation, but the practice of a profession, trade or occupation may be regulated by law. 65. labour rights every person has the right to fair and safe labour practices and standards and to be paid a fair and reasonable wage. except for members of the security services, every person has the right to form and join trade unions and employee or employers' organisations of their choice, and to participate in the lawful activities of those unions and organisations. except for members of the security services, every employee has the right to participate in collective job action, including the right to strike, sit in, withdraw their labour and to take other similar concerted action, but a law may restrict the exercise of this right in order to maintain essential services. every employee is entitled to just, equitable and satisfactory conditions of work. except for members of the security services, every employee, employer, trade union, and employee or employer's organisation has the right to-engage in collective bargaining; organise; and form and join federations of such unions and organisations. women and men have a right to equal remuneration for similar work. women employees have a right to fully paid maternity leave for a period of at least three months. 66. freedom of movement and residence every zimbabwean citizen has-the right to enter zimbabwe; immunity from expulsion from zimbabwe; and the right to a passport or other travel document. every zimbabwean citizen and everyone else who is legally in zimbabwe has the right to-move freely within zimbabwe; reside in any part of zimbabwe; and leave zimbabwe. 67. political rights every zimbabwean citizen has the right-to free, fair and regular elections for any elective public office established in terms of this constitution or any other law; and to make political choices freely. subject to this constitution, every zimbabwean citizen has the right-to form, to join and to participate in the activities of a political party or organisation of their choice; to campaign freely and peacefully for a political party or cause; to participate in peaceful political activity; and to participate, individually or collectively, in gatherings or groups or in any other manner, in peaceful activities to influence, challenge or support the policies of the government or any political or whatever cause. subject to this constitution, every zimbabwean citizen who is of or over eighteen years of age has the right-to vote in all elections and referendums to which this constitution or any other law applies, and to do so in secret; and to stand for election for public office and, if elected, to hold such office. for the purpose of promoting multi-party democracy, an act of parliament must provide for the funding of political parties. 68. right to administrative justice every person has a right to administrative conduct that is lawful, prompt, efficient, reasonable, proportionate, impartial and both substantively and procedurally fair. any person whose right, freedom, interest or legitimate expectation has been adversely affected by administrative conduct has the right to be given promptly and in writing the reasons for the conduct. an act of parliament must give effect to these rights, and must-provide for the review of administrative conduct by a court or, where appropriate, by an independent and impartial tribunal; impose a duty on the state to give effect to the rights in subsections (1) and (2); and promote an efficient administration. 69. right to a fair hearing every person accused of an offence has the right to a fair and public trial within a reasonable time before an independent and impartial court. in the determination of civil rights and obligations, every person has a right to a fair, speedy and public hearing within a reasonable time before an independent and impartial court, tribunal or other forum established by law. every person has the right of access to the courts, or to some other tribunal or forum established by law for the resolution of any dispute. every person has a right, at their own expense, to choose and be represented by a legal practitioner before any court, tribunal or forum. 70. rights of accused persons any person accused of an offence has the following rights-to be presumed innocent until proved guilty; to be informed promptly of the charge, in sufficient detail to enable them to answer it; to be given adequate time and facilities to prepare a defence; to choose a legal practitioner and, at their own expense, to be represented by that legal practitioner; to be represented by a legal practitioner assigned by the state and at state expense, if substantial injustice would otherwise result; to be informed promptly of the rights conferred by paragraphs (d) and (e); to be present when being tried; to adduce and challenge evidence; to remain silent and not to testify or be compelled to give self-incriminating evidence; to have the proceedings of the trial interpreted into a language that they understand; not to be convicted of an act or omission that was not an offence when it took place; not to be convicted of an act or omission that is no longer an offence; not to be tried for an offence in respect of an act or omission for which they have previously been pardoned or either acquitted or convicted on the merits; to be sentenced to the lesser of the prescribed punishments if the prescribed punishment for the offence has been changed between the time the offence was committed and the time of sentencing. where this section requires information to be given to a person-the information must be given in a language the person understands; and if the person cannot read or write, any document embodying the information must be explained in such a way that the person understands it. in any criminal trial, evidence that has been obtained in a manner that violates any provision of this chapter must be excluded if the admission of the evidence would render the trial unfair or would otherwise be detrimental to the administration of justice or the public interest. any person who has been tried for an offence has the right, on payment of a reasonable fee prescribed by law, to be given a copy of the record of the proceedings within a reasonable time after judgment is delivered in the trial. any person who has been tried and convicted of an offence has the right, subject to reasonable restrictions that may be prescribed by law, to-have the case reviewed by a higher court; or appeal to a higher court against the conviction and sentence. 71. property rights in this section-"pension benefit" means a pension, annuity, gratuity or similar allowance which is payable-"property" means property of any description and any right or interest in property. subject to section 72, every person has the right, in any part of zimbabwe, to acquire, hold, occupy, use, transfer, hypothecate, lease or dispose of all forms of property, either individually or in association with others. subject to this section and to section 72, no person may be compulsorily deprived of their property except where the following conditions are satisfied-the deprivation is in terms of a law of general application; the deprivation is necessary for any of the following reasons-in the interests of defence, public safety, public order, public morality, public health or town and country planning; or in order to develop or use that or any other property for a purpose beneficial to the community; the law requires the acquiring authority-to give reasonable notice of the intention to acquire the property to everyone whose interest or right in the property would be affected by the acquisition; to pay fair and adequate compensation for the acquisition before acquiring the property or within a reasonable time after the acquisition; and if the acquisition is contested, to apply to a competent court before acquiring the property, or not later than thirty days after the acquisition, for an order confirming the acquisition; the law entitles any person whose property has been acquired to apply to a competent court for the prompt return of the property if the court does not confirm the acquisition; and the law entitles any claimant for compensation to apply to a competent court for the determination of-the existence, nature and value of their interest in the property concerned; the legality of the deprivation; and the amount of compensation to which they are entitled; and to apply to the court for an order directing the prompt payment of any compensation. where a person has a vested or contingent right to the payment of a pension benefit, a law which provides for the extinction or diminution of that right is regarded, for the purposes of subsection (3), as a law providing for the compulsory acquisition of property. 72. rights to agricultural land in this section-"agricultural land" means land used or suitable for agriculture, that is to say for horticulture, viticulture, forestry or aquaculture or for any purpose of husbandry, including-"land" includes anything permanently attached to or growing on land; "piece of agricultural land" means a piece of agricultural land registered as a separate piece of land in a deeds registry. where agricultural land, or any right or interest in such land, is required for a public purpose, including-settlement for agricultural or other purposes; land reorganisation, forestry, environmental conservation or the utilisation of wild life or other natural resources; or the relocation of persons dispossessed as a result of the utilisation of land for a purpose referred to in paragraph (a) or (b); the land, right or interest may be compulsorily acquired by the state by notice published in the gazette identifying the land, right or interest, whereupon the land, right or interest vests in the state with full title with effect from the date of publication of the notice. where agricultural land, or any right or interest in such land, is compulsorily acquired for a purpose referred to in subsection (2)-no compensation is payable in respect of its acquisition, except for improvements effected on it before its acquisition; no person may apply to court for the determination of any question relating to compensation, except for compensation for improvements effected on the land before its acquisition, and no court may entertain any such application; and the acquisition may not be challenged on the ground that it was discriminatory in contravention of section 56. all agricultural land which-was itemised in schedule 7 to the former constitution; or before the effective date, was identified in terms of section 16b(2)(a)(ii) or (iii) of the former constitution; continues to be vested in the state, and no compensation is payable in respect of its acquisition except for improvements effected on it before its acquisition. as soon as practicable after agricultural land is compulsorily acquired in accordance with subsection (2), the officer responsible for the registration of title over land must, without further notice, effect the necessary endorsements upon any title deed and entries in any register for the purpose of formally cancelling the title deed and registering the state's title over the land. an act of parliament may make it an offence for any person, without lawful authority, to possess or occupy agricultural land referred to in this section or other state land. in regard to the compulsory acquisition of agricultural land for the resettlement of people in accordance with a programme of land reform, the following factors must be regarded as of ultimate and overriding importance-under colonial domination the people of zimbabwe were unjustifiably dispossessed of their land and other resources without compensation; the people consequently took up arms in order to regain their land and political sovereignty, and this ultimately resulted in the independence of zimbabwe in 1980; the people of zimbabwe must be enabled to re-assert their rights and regain ownership of their land; and accordingly-the former colonial power has an obligation to pay compensation for agricultural land compulsorily acquired for resettlement, through an adequate fund established for the purpose; and if the former colonial power fails to pay compensation through such a fund, the government of zimbabwe has no obligation to pay compensation for agricultural land compulsorily acquired for resettlement. this section applies without prejudice to the obligation of the former colonial power to pay compensation for land referred to in this section that has been acquired for resettlement purposes. 73. environmental rights every person has the right-to an environment that is not harmful to their health or well-being; and to have the environment protected for the benefit of present and future generations, through reasonable legislative and other measures that-prevent pollution and ecological degradation; promote conservation; and secure ecologically sustainable development and use of natural resources while promoting economic and social development. the state must take reasonable legislative and other measures, within the limits of the resources available to it, to achieve the progressive realisation of the rights set out in this section. 74. freedom from arbitrary eviction no person may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances. 75. right to education every citizen and permanent resident of zimbabwe has a right to-a basic state-funded education, including adult basic education; and further education, which the state, through reasonable legislative and other measures, must make progressively available and accessible. every person has the right to establish and maintain, at their own expense, independent educational institutions of reasonable standards, provided they do not discriminate on any ground prohibited by this constitution. a law may provide for the registration of educational institutions referred to in subsection (2) and for the closing of any such institutions that do not meet reasonable standards prescribed for registration. the state must take reasonable legislative and other measures, within the limits of the resources available to it, to achieve the progressive realisation of the right set out in subsection (1). 76. right to health care every citizen and permanent resident of zimbabwe has the right to have access to basic health-care services, including reproductive health-care services. every person living with a chronic illness has the right to have access to basic healthcare services for the illness. no person may be refused emergency medical treatment in any health-care institution. the state must take reasonable legislative and other measures, within the limits of the resources available to it, to achieve the progressive realisation of the rights set out in this section. 77. right to food and water every person has the right to-safe, clean and potable water; and sufficient food; and the state must take reasonable legislative and other measures, within the limits of the resources available to it, to achieve the progressive realisation of this right. 78. marriage rights every person who has attained the age of eighteen years has the right to found a family. no person may be compelled to enter into marriage against their will. persons of the same sex are prohibited from marrying each other. part 3. elaboration of certain rights 79. application of part 3 this part elaborates certain rights and freedoms to ensure greater certainty as to the application of those rights and freedoms to particular classes of people. this part must not be construed as limiting any right or freedom set out in part 2. 80. rights of women every woman has full and equal dignity of the person with men and this includes equal opportunities in political, economic and social activities. women have the same rights as men regarding the custody and guardianship of children, but an act of parliament may regulate how those rights are to be exercised. all laws, customs, traditions and cultural practices that infringe the rights of women conferred by this constitution are void to the extent of the infringement. 81. rights of children every child, that is to say every boy and girl under the age of eighteen years, has the right-to equal treatment before the law, including the right to be heard; to be given a name and family name; in the case of a child who is-born in zimbabwe; or born outside zimbabwe and is a zimbabwean citizen by descent; to the prompt provision of a birth certificate; to family or parental care, or to appropriate care when removed from the family environment; to be protected from economic and sexual exploitation, from child labour, and from maltreatment, neglect or any form of abuse; to education, health care services, nutrition and shelter; not to be recruited into a militia force or take part in armed conflict or hostilities; not to be compelled to take part in any political activity; and not to be detained except as a measure of last resort and, if detained-to be detained for the shortest appropriate period; to be kept separately from detained persons over the age of eighteen years; and to be treated in a manner, and kept in conditions, that take account of the child's age. a child's best interests are paramount in every matter concerning the child. children are entitled to adequate protection by the courts, in particular by the high court as their upper guardian. 82. rights of the elderly people over the age of seventy years have the right-to receive reasonable care and assistance from their families and the state; to receive health care and medical assistance from the state; and to receive financial support by way of social security and welfare; and the state must take reasonable legislative and other measures, within the limits of the resources available to it, to achieve the progressive realisation of this right. 83. rights of persons with disabilities the state must take appropriate measures, within the limits of the resources available to it, to ensure that persons with disabilities realise their full mental and physical potential, including measures-to enable them to become self reliant; to enable them to live with their families and participate in social, creative or recreational activities; to protect them from all forms of exploitation and abuse; to give them access to medical, psychological and functional treatment; to provide special facilities for their education; and to provide state-funded education and training where they need it. 84. rights of veterans of the liberation struggle veterans of the liberation struggle, that is to say-those who fought in the war of liberation; those who assisted the fighters in the war of liberation; and those who were imprisoned, detained or restricted for political reasons during the liberation struggle; are entitled to due recognition for their contribution to the liberation of zimbabwe, and to suitable welfare such as pensions and access to basic health care. an act of parliament must confer on veterans of the liberation struggle the entitlements due to them under subsection (1). part 4. enforcement of fundamental human rights and freedoms 85. enforcement of fundamental human rights and freedoms any of the following persons, namely-any person acting in their own interests; any person acting on behalf of another person who cannot act for themselves; any person acting as a member, or in the interests, of a group or class of persons; any person acting in the public interest; any association acting in the interests of its members; is entitled to approach a court, alleging that a fundamental right or freedom enshrined in this chapter has been, is being or is likely to be infringed, and the court may grant appropriate relief, including a declaration of rights and an award of compensation. the fact that a person has contravened a law does not debar them from approaching a court for relief under subsection (1). the rules of every court must provide for the procedure to be followed in cases where relief is sought under subsection (1), and those rules must ensure that-the right to approach the court under subsection (1) is fully facilitated; formalities relating to the proceedings, including their commencement, are kept to a minimum; the court, while observing the rules of natural justice, is not unreasonably restricted by procedural technicalities; and a person with particular expertise may, with the leave of the court, appear as a friend of the court. the absence of rules referred to in subsection (3) does not limit the right to commence proceedings under subsection (1) and to have the case heard and determined by a court. part 5. limitation of fundamental human rights and freedoms 86. limitation of rights and freedoms the fundamental rights and freedoms set out in this chapter must be exercised reasonably and with due regard for the rights and freedoms of other persons. the fundamental rights and freedoms set out in this chapter may be limited only in terms of a law of general application and to the extent that the limitation is fair, reasonable, necessary and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom, taking into account all relevant factors, including-the nature of the right or freedom concerned; the purpose of the limitation, in particular whether it is necessary in the interests of defence, public safety, public order, public morality, public health, regional or town planning or the general public interest; the nature and extent of the limitation; the need to ensure that the enjoyment of rights and freedoms by any person does not prejudice the rights and freedoms of others; the relationship between the limitation and its purpose, in particular whether it imposes greater restrictions on the right or freedom concerned than are necessary to achieve its purpose; and whether there are any less restrictive means of achieving the purpose of the limitation. no law may limit the following rights enshrined in this chapter, and no person may violate them-the right to life, except to the extent specified in section 48; the right to human dignity; the right not to be tortured or subjected to cruel, inhuman or degrading treatment or punishment; the right not to be placed in slavery or servitude; the right to a fair trial; the right to obtain an order of habeas corpus as provided in section 50(7)(a). 87. limitations during public emergency in addition to the limitations permitted by section 86, the fundamental rights and freedoms set out in this chapter may be further limited by a written law providing for measures to deal with situations arising during a period of public emergency, but only to the extent permitted by this section and the second schedule. a written law referred to in subsection (1) and any legislative measures taken under that law, must be published in the gazette. any limitation which a written law referred to in subsection (1) imposes on a fundamental right or freedom set out in this chapter must not be greater than is strictly required by the emergency. no law that provides for a declaration of a state of emergency, and no legislative or other measure taken in consequence of such a declaration, may-indemnify, or permit or authorise an indemnity for, the state or any institution or agency of the government at any level, or any other person, in respect of any unlawful act; or limit any of the rights referred to in section 86(3), or authorise or permit any of those rights to be violated. chapter 5. the executive part 1. executive authority 88. executive authority executive authority derives from the people of zimbabwe and must be exercised in accordance with this constitution. the executive authority of zimbabwe vests in the president who exercises it, subject to this constitution, through the cabinet. part 2. the president and vice presidents 89. the president the president is the head of state and government and the commander-in-chief of the defence forces. 90. duties of president the president must uphold, defend, obey and respect this constitution as the supreme law of the nation and must ensure that this constitution and all the other laws are faithfully observed. the president must-promote unity and peace in the nation for the benefit and well-being of all the people of zimbabwe; recognise and respect the ideals and values of the liberation struggle; ensure protection of the fundamental human rights and freedoms and the rule of law; and respect the diversity of the people and communities of zimbabwe. 91. qualifications for election as president and vice-president a person qualifies for election as president or vice-president if he or she-is a zimbabwean citizen by birth or descent; has attained the age of forty years; is ordinarily resident in zimbabwe; and is registered as a voter. a person is disqualified for election as president or vice-president if he or she has already held office as president under this constitution for two terms, whether continuous or not, and for the purpose of this subsection three or more years' service is deemed to be a full term. 92. election of president and vice-presidents the election of a president and two vice-presidents must take place within the period specified in section 158. every candidate for election as president must nominate two persons to stand for election jointly with him or her as vice-presidents, and must designate one of those persons as his or her candidate for first vice-president and the other as his or her candidate for second vice-president. the president and the vice-presidents are directly elected jointly by registered voters throughout zimbabwe, and the procedure for their election is as prescribed in the electoral law. the qualifications for registration as a voter and for voting at an election of a president and vice-presidents are set out in the fourth schedule. the election of a president and vice-presidents must take place concurrently with every general election of members of parliament, provincial councils and local authorities. 93. challenge to presidential election subject to this section, any aggrieved candidate may challenge the validity of an election of a president or vice-president by lodging a petition or application with the constitutional court within seven days after the date of the declaration of the results of the election. the election of a vice-president may be challenged only on the ground that he or she is or was not qualified for election. the constitutional court must hear and determine a petition or application under subsection (1) within fourteen days after the petition or application was lodged, and the court's decision is final. in determining a petition or application under subsection (1), the constitutional court may---declare a winner; invalidate the election, in which case a fresh election must be held within sixty days after the determination; or make any other order it considers just and appropriate. if, in a petition or application under subsection (1)-the constitutional court sets aside the election of a president, the election of the president's two vice-presidents is automatically nullified; the constitutional court sets aside the election of either or both vice-presidents, the president must without delay appoint a qualified person or qualified persons, as the case may be, to be vice-president or vice-presidents. 94. assumption of office by president and vice-presidents persons elected as president and vice-presidents assume office when they take, before the chief justice or the next most senior judge available, the oaths of president and vice-president respectively in the forms set out in the third schedule, which oaths they must take-on the ninth day after they are declared to be elected; or in the event of a challenge to the validity of their election, within forty-eight hours after the constitutional court has declared them to be the winners. the incumbent president continues in office until the assumption of office by the president-elect in terms of subsection (1). a vice-president who becomes president on the death, resignation or removal from office of the president assumes office when he or she takes, before the chief justice or the next most senior judge available, the oath of president in the form set out in the third schedule, which oath he or she must take as soon as possible and in any event within forty-eight hours after the office of president became vacant. 95. term of office of president and vice-presidents the term of office of the president or a vice-president commences on the day he or she is sworn in and assumes office in terms of section 94(1)(a) or 94(3). the term of office of the president or a vice-president extends until-he or she resigns or is removed from office; or following an election, he or she is declared to be re-elected or a new president is declared to be elected; and, except as otherwise provided in this constitution, their terms of office are five years and coterminous with the life of parliament. 96. resignation of president or vice-president the president may resign his or her office by written notice to the speaker, who must give public notice of the resignation as soon as it is possible to do so and in any event within twenty-four hours. a vice-president may resign his or her office by written notice to the president, who must give public notice of the resignation as soon as it is possible to do so and in any event within twenty-four hours. 97. removal of president or vice-president from office the senate and the national assembly, by a joint resolution passed by at least one-half of their total membership, may resolve that the question whether or not the president or a vice-president should be removed from office for-serious misconduct; failure to obey, uphold or defend this constitution; wilful violation of this constitution; or inability to perform the functions of the office because of physical or mental incapacity; should be investigated in terms of this section. upon the passing of a resolution in terms of subsection (1), the committee on standing rules and orders must appoint a joint committee of the senate and the national assembly consisting of nine members reflecting the political composition of parliament, to investigate the removal from office of the president or vice-president, as the case may be. if-the joint committee appointed in terms of subsection (2) recommends the removal from office of the president or vice-president; and the senate and the national assembly, by a joint resolution passed by at least two-thirds of their total membership, resolve that the president or vice-president, as the case may be, should be removed from office; the president or vice-president thereupon ceases to hold office. 98. presidential immunity while in office, the president is not liable to civil or criminal proceedings in any court for things done or omitted to be done in his or her personal capacity. civil or criminal proceedings may be instituted against a former president for things done and omitted to be done before he or she became president or while he or she was president. the running of prescription in relation to any debt or liability of the president arising before or during his or her term of office is suspended while he or she remains in office. in any proceedings brought against a former president for anything done or omitted to be done in his or her official capacity while he or she was president, it is a defence for him or her to prove that the thing was done or omitted in good faith. 99. functions of vice-presidents the vice-presidents assist the president in the discharge of his or her functions and perform any other functions, including the administration of any ministry, department or act of parliament, that the president may assign to them. 100. acting president whenever the president is absent from zimbabwe or is unable to exercise his or her official functions through illness or any other cause, those functions must be assumed and exercised-by the first vice-president; where the first vice-president is unable to exercise those functions, by the second vice-president; or if there is no vice-president who is able to exercise the functions, by a minister-designated for such an eventuality by the president; or nominated by the cabinet, where no minister has been designated by the president in terms of subparagraph (i). except in accordance with a resolution passed by a majority of the total membership of the cabinet, a person exercising the functions of the office of president in terms of subsection (1) must not exercise the power of the president-to deploy the defence forces; to enter into any international convention, treaty or agreement; to appoint or revoke the appointment of a vice-president, minister or deputy minister; or to assign or reassign functions to a vice-president, minister or deputy minister, including, in the case of a vice-president or minister, the administration of any act of parliament or of any ministry or department, or to cancel any such assignment of functions. 101. succession in event of death, resignation or incapacity of president or vice-president if the president dies, resigns or is removed from office-the first vice-president assumes office as president until the expiry of the former president's term of office; the second vice-president assumes office as first vice-president until the expiry of the former president's term of office; and upon assuming office as president, the former first vice-president must appoint a qualified person to be second vice-president until the expiry of the former president's term of office. if the first vice-president dies, resigns or is removed from office-the second vice-president assumes office as first vice-president until the expiry of the former first vice-president's term of office; and the president must without delay appoint a qualified person to be second vice-president until the expiry of the former first vice-president's term of office. 102. remuneration of president and vice-presidents the president and vice-presidents are entitled to the salaries, allowances, pensions and other benefits that are prescribed under an act of parliament. the salaries and allowances of the president and vice-presidents must be charged upon and paid out of the consolidated revenue fund. a person who has ceased to be president or vice-president is entitled to receive-a pension equivalent to the salary of a sitting president or vice-president, as the case may be; and such allowances and other benefits as may be prescribed under an act of parliament. 103. president and vice-presidents and former office-holders not to hold other office or employment the president and vice-presidents, and any former president or vice-president, must not, directly or indirectly, hold any other public office or be employed by anyone else while they are in office or are receiving a pension from the state as former president or vice-president, as the case may be. part 3. ministers, deputy ministers and cabinet 104. appointment of ministers and deputy ministers the president appoints ministers and assigns functions to them, including the administration of any act of parliament or of any ministry or department, but the president may reserve to himself or herself the administration of an act, ministry or department. the president may appoint deputy ministers to assist any minister in the exercise of his or her functions. ministers and deputy ministers are appointed from among senators or members of the national assembly, but up to five, chosen for their professional skills and competence, may be appointed from outside parliament. in appointing ministers and deputy ministers, the president must be guided by considerations of regional and gender balance. ministers and deputy ministers who are not members of parliament may sit and speak, but not vote, in the senate or the national assembly. before taking office, a person appointed as minister or deputy minister must take before the president the appropriate ministerial oath in the form set out in the third schedule. 105. cabinet there is a cabinet consisting of the president, as head of the cabinet, the vice presidents and such ministers as the president may appoint to the cabinet. cabinet meetings are presided over by the president or, in his or her absence, by a vice-president or, in their absence, by a minister referred to in section 100(1)(c). 106. conduct of vice-presidents, ministers and deputy ministers every vice-president, minister and deputy minister must act in accordance with this constitution. vice-presidents, ministers and deputy ministers may not, during their tenure of office-directly or indirectly, hold any other public office or undertake any other paid work; act in any way that is inconsistent with their office, or expose themselves to any situation involving the risk of a conflict between their official responsibilities and private interests; or use their position, or any information entrusted to them, to enrich themselves or improperly benefit any other person. an act of parliament must prescribe a code of conduct for vice-presidents, ministers and deputy ministers. 107. accountability of vice-presidents, ministers and deputy ministers subject to this constitution, every vice-president, minister and deputy minister is accountable, collectively and individually, to the president for the performance of his or her functions. every vice-president, minister and deputy minister must attend parliament and parliamentary committees in order to answer questions concerning matters for which he or she is collectively or individually responsible. 108. tenure of office of ministers and deputy ministers the office of a minister or deputy minister becomes vacant-if the president removes him or her from office; if he or she resigns from office by written notice to the president; upon the assumption of office by a new president. subject to subsection (4), a minister or deputy minister who was a member of parliament on appointment as minister or deputy minister vacates his or her office as such upon ceasing to be a member of parliament. subject to subsection (4), a minister or deputy minister who was not a member of parliament on appointment as minister or deputy minister vacates his or her office as such if circumstances arise that would result in his or her seat becoming vacant were he or she a member of parliament. subject to this constitution, in the event of a dissolution of parliament, ministers and deputy ministers continue to hold office as such until the president-elect assumes office after a general election. 109. vote of no confidence in government the senate and the national assembly, by a joint resolution passed by at least two-thirds of their total membership, may pass a vote of no confidence in the government. a motion for the resolution for a vote of no confidence may be moved only if-at least seven days' notice of the motion has been given to the speaker; and the notice of motion has been signed by at least half of all the members of the national assembly. a motion for a vote of no confidence-must be debated in a joint sitting of the two houses of parliament within twenty-one days after the speaker received the notice of motion; and must be voted on within seven consecutive sittings after it was moved; otherwise it is regarded as lost. where parliament passes a vote of no confidence in the government, the president must, within fourteen days after the vote-remove all ministers and deputy ministers from office, unless they have already resigned as a result of the resolution, and appoint persons in their place; or dissolve parliament and, within ninety days, call a general election. if the president does not act in accordance with subsection (4) within fourteen days after the passing of the vote of no confidence in the government, parliament stands dissolved. part 4. executive functions 110. executive functions of president and cabinet the president has the powers conferred by this constitution and by any act of parliament or other law, including those necessary to exercise the functions of head of state. subject to this constitution, the president is responsible for-assenting to and signing bills; referring a bill to the constitutional court for an opinion or advice on its constitutionality; summoning the national assembly, the senate or parliament to an extraordinary sitting to conduct special business; making appointments which the constitution or legislation requires the president to make; calling elections in terms of this constitution; calling referendums on any matter in accordance with the law; deploying the defence forces; conferring honours and awards; appointing ambassadors, plenipotentiaries, and diplomatic and consular representatives; and receiving and recognising foreign diplomatic and consular representatives. subject to this constitution, the cabinet is responsible for-directing the operations of government; conducting government business in parliament; preparing, initiating and implementing national legislation; developing and implementing national policy; and advising the president. subject to this constitution, the president may conclude or execute conventions, treaties and agreements with foreign states and governments and international organisations. a decision by the president must be in writing if it is taken in terms of legislation. in the exercise of his or her executive functions, the president must act on the advice of the cabinet, except when he or she is acting in terms of subsection (2) above. 111. war and peace the president has power to declare war and make peace, and must advise the senate and the national assembly within seven sitting days. the senate and the national assembly, by a joint resolution passed by at least two-thirds of the total membership of parliament, may resolve that a declaration of war should be revoked. where parliament has resolved that a declaration of war should be revoked, the president must take all practical steps to disengage from the war, taking due account of the need to ensure the safety of zimbabwean personnel and equipment. 112. power of mercy the president, after consultation with the cabinet, may exercise the power of mercy, that is to say, may-grant a pardon to any person concerned in or convicted of an offence against any law; grant a respite from the execution of a sentence for any offence for an indefinite or specified period; substitute a less severe punishment for that imposed for any offence; or suspend for a specified period or remit the whole or part of a sentence for any offence or any forfeiture imposed in respect of any offence; and may impose conditions on any such pardon, respite, substitution or suspension. where a person who is resident in zimbabwe has been convicted in another country of an offence against a law in force in that country, the president may declare that the conviction is not to be regarded as a conviction for the purposes of this constitution or any other law in force in zimbabwe. the grant of a pardon or respite from execution of sentence or the substitution or suspension of a sentence must be published in the gazette. 113. states of public emergency the president may by proclamation in the gazette declare that a state of public emergency exists in the whole or any part of zimbabwe. a declaration of a state of public emergency ceases to have effect after fourteen days beginning with the day of publication of the proclamation in the gazette unless, before the end of that period, the declaration is approved by at least two-thirds of the total membership of parliament at a joint sitting of the senate and the national assembly. if parliament is dissolved during the period of fourteen days after a state of public emergency has been declared, the declaration ceases to have effect after twenty-one days, beginning with the day of publication of the proclamation in the gazette, unless within that period the declaration is approved by a majority of all the members of the new parliament at a joint sitting of the senate and the national assembly. a declaration of a state of public emergency which has been approved under subsection (2) or (3) remains in effect for three months from the date on which the proclamation was published in the gazette unless it has earlier been revoked or ceased to have effect under this section. if a declaration of a state of public emergency is not approved after consideration by parliament, or if for any reason it is not considered by parliament within the period specified in this section, the president must, within seven days, by proclamation in the gazette, revoke the declaration. if, by a resolution passed by a majority of the members present at a joint sitting of the senate and the national assembly, parliament resolves that a declaration of a state of public emergency. should be continued for a further period not exceeding three months, the president must without delay, by proclamation in the gazette, extend the declaration for that further period; should be revoked or that it should apply within a smaller area, the president must without delay, by proclamation in the gazette, revoke the declaration or provide that the declaration relates to that smaller area. the constitutional court, on the application of any interested person, may determine the validity of-a declaration of a state of public emergency; any extension of a declaration of a state of public emergency. any court may determine the validity of any legislation enacted, or other action taken, in consequence of a declaration of a state of public emergency. part 5. attorney-general 114. attorney-general there is an attorney-general appointed by the president. a person who has been appointed as attorney-general assumes office upon taking before the president, or a person authorised by the president, the oaths of loyalty and office in the forms set out in the third schedule. a person is qualified for appointment as attorney-general if he or she is qualified for appointment as a judge of the high court. the functions of the attorney-general are to act as the principal legal adviser to the government; to represent the government in civil and constitutional proceedings; to draft legislation on behalf of the government; to promote, protect and uphold the rule of law and to defend the public interest; and to exercise any other functions that may be assigned to the attorney-general by an act of parliament; and the attorney-general may exercise those functions in person or through subordinate officers acting under the attorney-general's general or specific instructions. the attorney-general may-attend cabinet meetings, but has no vote; sit and speak in the senate and the national assembly, but has no vote; and with the leave of the court concerned, appear as a friend of the court in any civil proceedings to which the government is not a party. 115. removal from office of attorney-general the president may at any time remove the attorney-general from office. chapter 6. the legislature part 1. legislative authority 116. the legislature the legislature of zimbabwe consists of parliament and the president acting in accordance with this chapter. 117. nature and extent of legislative authority the legislative authority of zimbabwe is derived from the people and is vested in and exercised in accordance with this constitution by the legislature. the legislative authority confers on the legislature the power-to amend this constitution in accordance with section 328; to make laws for the peace, order and good governance of zimbabwe; and to confer subordinate legislative powers upon another body or authority in accordance with section 134. part 2. parliament 118. parliament parliament consists of the senate and the national assembly. 119. role of parliament parliament must protect this constitution and promote democratic governance in zimbabwe. parliament has power to ensure that the provisions of this constitution are upheld and that the state and all institutions and agencies of government at every level act constitutionally and in the national interest. for the purposes of subsection (2), all institutions and agencies of the state and government at every level are accountable to parliament. part 3. the senate 120. composition of senate the senate consists of eighty senators, of whom-six are elected from each of the provinces into which zimbabwe is divided, by a system of proportional representation conforming with subsection (2); sixteen are chiefs, of whom two are elected by the provincial assembly of chiefs from each of the provinces, other than the metropolitan provinces, into which zimbabwe is divided; the president and deputy president of the national council of chiefs; and two are elected in the manner prescribed in the electoral law to represent persons with disabilities. elections of senators must be conducted in accordance with the electoral law, which must ensure that the senators referred to in subsection (1)(a) are elected under a party-list system of proportional representation-which is based on the votes cast for candidates representing political parties in each of the provinces in the general election for members of the national assembly; and in which male and female candidates are listed alternately, every list being headed by a female candidate. 121. qualifications and disqualifications for election as senator a person is qualified for election as a senator referred to in section 120(1)(a) or (d) if he or she-is registered as a voter; and is at least forty years of age; unless he or she is disqualified under subsection (4) or (5). a person is qualified for election as a senator chief referred to in section 120(1)(b) if he or she-holds the office of chief; and is registered as a voter; unless he or she is disqualified under subsection (4) or (5). a person is qualified for election as a senator referred to in section 120(1)(d) if he or she is a person with a disability as defined in the electoral law, unless he or she is disqualified under subsection (4) or (5). a person is disqualified for election as a senator if-he or she is disqualified under the fourth schedule for registration as a voter; or within five years before the election, he or she vacated a seat in the senate or the national assembly in terms of section 129(1)(i) through having been convicted of an offence. a person is disqualified for election at a by-election in the senate if he or she is a member of parliament. 122. president of senate at its first sitting after a general election and before proceeding to any other business, the senate must elect a presiding officer to be known as the president of the senate. whenever there is a vacancy in the office of president of the senate, the senate must without delay elect a person to fill the vacancy. a person is qualified for election as president of the senate if he or she is or has been a senator or is qualified to be elected to the senate. elections to the office of president of the senate must be conducted by the clerk of parliament under the supervision of the zimbabwe electoral commission, by secret ballot in accordance with standing orders, and the results must be announced forthwith. before commencing his or her duties, the president of the senate must take before the chief justice or the next most senior judge available the oaths of loyalty and office in the forms set out in the third schedule. a senator who is elected as president of the senate ceases to be a senator, and the vacant seat must be filled in accordance with the electoral law. the president of the senate may resign by announcing his or her resignation in person to the senate or, if the senate is not sitting, by giving written notice to the clerk of parliament. the president of the senate must vacate his or her office-on the day on which the senate first meets after a general election; upon accepting any other public office or upon entering employment with any other person; upon becoming a member of parliament or the speaker; upon becoming a vice-president, minister or deputy minister; if circumstances arise that would oblige him or her to vacate his or her seat, if he or she were a senator; or if a resolution for his or her removal from office is passed by at least two-thirds of the total membership of the senate. 123. deputy president of senate as soon as practicable after electing a president of the senate following a general election, the senate must elect a senator to be the deputy president of the senate. whenever there is a vacancy in the office of deputy president of the senate, the senate must without delay elect a person to fill the vacancy. elections to the office of deputy president of the senate must be conducted by the clerk of parliament under the supervision of the zimbabwe electoral commission, by secret ballot in accordance with standing orders, and the results must be announced forthwith. before commencing his or her duties, the deputy president of the senate must take before the chief justice or the next most senior judge available the oaths of loyalty and office in the forms set out in the third schedule. the deputy president of the senate may resign his or her office by announcing his or her resignation in person to the senate or, if the senate is not sitting, by giving written notice to the president of the senate or, in the absence of the president of the senate, to the clerk of parliament. the deputy president of the senate must vacate his or her office-upon ceasing to be a senator; upon becoming the speaker; upon becoming a vice-president, minister or deputy minister; if a resolution for his or her removal from office is passed by at least two-thirds of the total membership of the senate. part 4. the national assembly 124. composition of national assembly the national assembly consists of-two hundred and ten members elected by secret ballot from the two hundred and ten constituencies into which zimbabwe is divided; and for the life of the first two parliaments after the effective date, an additional sixty women members, six from each of the provinces into which zimbabwe is divided, elected through a system of proportional representation based on the votes cast for candidates representing political parties in a general election for constituency members in the provinces. elections of members of the national assembly must be conducted in accordance with the electoral law. the qualifications for registration as a voter and for voting at elections of members of the national assembly are set out in the fourth schedule. 125. qualifications and disqualifications for election to national assembly a person is qualified for election as a member of the national assembly if he or she-is registered as a voter; and is at least twenty-one years of age; unless he or she is disqualified under subsection (2) or (3). a person is disqualified for election as a member of the national assembly if-he or she is disqualified under the fourth schedule for registration as a voter; or within five years before the election, he or she vacated a seat in the senate or the national assembly in terms of section 129(1)(i) through having been convicted of an offence. a person is disqualified for election at a by-election in the national assembly if he or she is a member of parliament. 126. speaker of national assembly at its first sitting after a general election, and before proceeding to any other business, the national assembly must elect a presiding officer to be known as the speaker. whenever there is a vacancy in the office of speaker, the national assembly must without delay elect a person to fill the vacancy. a person is qualified for election as speaker if he or she is or has been a member of the national assembly or is qualified to be elected to the national assembly. elections to the office of speaker must be conducted by the clerk of parliament under the supervision of the zimbabwe electoral commission, by secret ballot in accordance with standing orders, and the results must be announced forthwith. before commencing his or her duties, the speaker must take before the chief justice or the next most senior judge available the oaths of loyalty and office in the forms set out in the third schedule. a member of the national assembly who is elected as speaker ceases to be a member of the national assembly, and the vacant seat must be filled in accordance with the electoral law. the speaker may resign by announcing his or her resignation in person to the national assembly or, if the national assembly is not sitting, by giving written notice to the clerk of parliament. the speaker must vacate his or her office-on the day on which the national assembly first meets after a general election; upon accepting any other public office or upon entering employment with any other person; upon becoming a member of parliament or the president of the senate; upon becoming a vice-president, minister or deputy minister; if circumstances arise that would oblige him or her to vacate his or her seat, if he or she were a member of the national assembly; or if a resolution for his or her removal from office is passed by at least two-thirds of the total membership of the national assembly. 127. deputy speaker of national assembly as soon as practicable after electing a speaker following a general election, the national assembly must elect one of its members to be the deputy speaker. whenever there is a vacancy in the office of deputy speaker, the national assembly must without delay elect a person to fill the vacancy. elections to the office of deputy speaker must be conducted by the clerk of parliament under the supervision of the zimbabwe electoral commission, by secret ballot in accordance with standing orders, and the results must be announced forthwith. before commencing his or her duties, the deputy speaker must take before the chief justice or the next most senior judge available the oaths of loyalty and office in the forms set out in the third schedule. the deputy speaker may resign by announcing his or her resignation in person to the national assembly or, if the national assembly is not sitting, by giving written notice to the speaker or, in the absence of the speaker, to the clerk of parliament. the deputy speaker must vacate his or her office-upon ceasing to be a member of the national assembly; upon becoming the president of the senate; upon becoming a vice-president, minister or deputy minister; or if a resolution for his or her removal from office is passed by at least two-thirds of the total membership of the national assembly. part 5. tenure of members of parliament 128. oath of member of parliament before a member of parliament takes his or her seat in parliament, the member must take the oath of a member of parliament in the form set out in the third schedule. the oath referred to in subsection (1) must be taken before the clerk of parliament. 129. tenure of seat of member of parliament the seat of a member of parliament becomes vacant on the dissolution of parliament; upon the member resigning his or her seat by written notice to the president of the senate or to the speaker, as the case may be; upon the member becoming president or a vice-president; upon the member becoming president of the senate or speaker or a member of the other house; if the member ceases to be qualified for registration as a voter; if, without leave from the speaker or the president of the senate, as the case may be, the member is absent from the house of which he or she is a member for twenty-one consecutive days on which the house sits, and the house concerned resolves by a vote of at least one-half of its total membership that the seat should become vacant; if the member accepts public office or office as a member of a statutory body, government-controlled entity, provincial or metropolitan council or local authority or employment as an employee of a statutory body, provincial or metropolitan council or local authority; if the member was a public officer or a member or employee of a statutory body, a government-controlled entity, a provincial or metropolitan council or a local authority on the date he or she was declared as a member of parliament, and he or she fails to relinquish that office, membership or employment within thirty days after that date; if the member is convicted in zimbabwe of an offence of which breach of trust, dishonesty or physical violence is an essential element; or outside zimbabwe of conduct which, if committed in zimbabwe, would be an offence of which breach of trust, dishonesty or physical violence is an essential element; and sentenced to imprisonment for six months or more without the option of a fine or without the option of any other non-custodial punishment, unless on appeal the member's conviction is set aside or the sentence of imprisonment is reduced to less than six months or a punishment other than imprisonment is substituted; if the member has been declared insolvent under a law in force in zimbabwe and has not been rehabilitated or discharged, or if the member has made an assignment under such a law with his or her creditors which has not been rescinded or set aside; if the member has ceased to belong to the political party of which he or she was a member when elected to parliament and the political party concerned, by written notice to the speaker or the president of the senate, as the case may be, has declared that the member has ceased to belong to it; if the member, not having been a member of a political party when he or she was elected to parliament, becomes a member of a political party; if the member is certified to be mentally disordered or intellectually handicapped under any law in force in zimbabwe; or if the member has been convicted of an offence under the electoral law and has been declared by the high court to be disqualified for registration as a voter or from voting at any election. a member referred to in subsection (1)(i) who has noted an appeal against his or her conviction may continue, until the final determination of the appeal, to exercise his or her functions as a member and to receive remuneration as a member, unless a court has ordered that he or she should be detained in prison pending the outcome of the appeal. a member of parliament who becomes a chairperson of a provincial council vacates the seat which he or she held before assuming office as chairperson. part 6. legislative and other powers 130. powers and functions of senate and national assembly except as provided in the fifth schedule, in the exercise of their legislative authority both the senate and the national assembly have power to initiate, prepare, consider or reject any legislation. in addition to their functions under this constitution, the senate and the national assembly may exercise any further functions conferred or imposed on them under any law. 131. acts of parliament and procedure for their enactment parliament's legislative authority is exercised through the enactment of acts of parliament. an act of parliament is a bill which has been-presented in and passed by both houses of parliament; and assented to and signed by the president; in accordance with this constitution. the words of enactment in acts of parliament are "enacted by the parliament and the president of zimbabwe", or words to that effect. the procedure to be followed by the national assembly and the senate with regard to bills is set out in the fifth schedule. after a bill has been passed by both houses in accordance with the fifth schedule, the president of the senate or the speaker, as the case may be, must without delaycause it to be presented to the president for assent and signature, together with any certificate which is required by this constitution to accompany the bill; and give public notice of the date on which the bill was sent to the president. when a bill is presented to the president for assent and signature, he or she must, within twenty-one days, either-assent to it and sign it, and then cause it to be published in gazette without delay; or if he or she considers it to be unconstitutional or has any other reservations about it, refer the bill back to parliament through the clerk of parliament, together with detailed written reasons for those reservations and a request that the bill be reconsidered. where a bill has been referred back to parliament in terms of subsection (6)(b), the speaker must without delay convene a sitting of the national assembly, which must-reconsider the bill and fully accommodate the president's reservations; or pass the bill, with or without amendments, by a two-thirds majority of the total membership of the national assembly; and in either case the speaker must cause the bill to be presented to the president without delay for assent and signature and must give public notice of the date on which the bill was sent to the president. if a bill that has been presented to the president in terms of subsection (7) fully accommodates the president's reservations, the president must assent to the bill and sign it within twenty-one days and then cause it to be published in the gazette without delay, but if the president still has reservations about the bill, he or she must within that period either-assent to the bill and sign it, despite those reservations; or refer the bill to the constitutional court for advice on its constitutionality. if on a reference under subsection (8) the constitutional court advises that the bill is constitutional, the president must assent to it and sign it immediately and cause it to be published in the gazette without delay. if a bill is presented to the president for assent and signature and it is not accompanied by a certificate which is required by any provision of this constitution, the president must not assent to the bill or sign it until the certificate is produced but must cause the clerk of parliament to be notified, immediately and in writing, that the certificate was not sent with the bill. 132. commencement of acts of parliament an act of parliament comes into operation at the beginning of the day on which it is published in the gazette, or at the beginning of any other day that may be specified in the act or some other enactment. 133. enrolment of acts of parliament when the president has assented to and signed an act of parliament, the clerk of parliament must transmit a fair copy of it, authenticated by the president's signature and the public seal of zimbabwe, to be enrolled in the office of the registrar of the high court, and that copy is conclusive evidence of the provisions of the act unless the act is revised under an act of parliament referred to in subsection (2). an act of parliament may provide for the statute law, or any part of it, to be published in revised form and may further provide that upon being published, the revision is the sole authentic version of the statutes contained in it; a copy of the revision must be deposited in the office of the registrar of the high court; and the copy that is deposited in the office of the registrar of the high court is conclusive evidence of the provisions of the statutes contained in it. the validity of an act of parliament or a revision of the statute law does not depend on its enrolment or deposit under this section. 134. subsidiary legislation parliament may, in an act of parliament, delegate power to make statutory instruments within the scope of and for the purposes laid out in that act, but-parliament's primary law-making power must not be delegated; statutory instruments must not infringe or limit any of the rights and freedoms set out in the declaration of rights; statutory instruments must be consistent with the act of parliament under which they are made; the act must specify the limits of the power, the nature and scope of the statutory instrument that may be made, and the principles and standards applicable to the statutory instrument; statutory instruments do not have the force of law unless they have been published in the gazette; and statutory instruments must be laid before the national assembly in accordance with its standing orders and submitted to the parliamentary legal committee for scrutiny. part 7. procedure in parliament 135. head of parliament the speaker is the head of parliament but must exercise his or her functions as such subject to standing orders. subject to standing orders, the president of the senate is the deputy head of parliament and acts as head whenever the speaker is for any reason unable to do so. 136. persons presiding in parliament the person presiding at any sitting of the senate must be-the president of the senate or, in his or her absence, the deputy president of the senate; or in the absence of the president and deputy president of the senate, a senator elected for the purpose by the senate, but that senator must not be a minister or deputy minister. the person presiding at any sitting of the national assembly must be-the speaker or, in his or her absence, the deputy speaker; or in the absence of the speaker and deputy speaker, a member of the national assembly elected for the purpose by the national assembly, but that member must not be a minister or deputy minister. the speaker, or in his or her absence the president of the senate, must preside at any joint sitting of the national assembly and the senate. 137. quorum in parliament the senate and the national assembly must prescribe in standing orders the minimum number of members who must be present for the conduct of business. 138. voting and right of audience in parliament except where this constitution provides otherwise-all questions proposed for decision in either house of parliament are decided by a majority of the votes of the members of that house present and voting; the person presiding in either house of parliament does not have either a deliberative or a casting vote on any issue before the house; if the votes in either house of parliament are equally divided on any motion, the motion is lost. vice-presidents are entitled to sit and speak, but not vote, in both houses of parliament. ministers and deputy ministers are entitled to sit and speak in both houses of parliament but have no right to vote in a house of which they are not members. members of the parliamentary legal committee and any other joint committee of parliament are entitled to sit and speak in either house of parliament for the purpose of introducing or debating any report of that committee which is before the house, but have no right to vote in a house of which they are not members. where a member of parliament, other than a minister or deputy minister, has introduced a bill in the house of which he or she is a member, and the house has passed the bill, that member or, in his or her absence, any other member of that house is entitled to sit and speak in the other house for the purpose of conducting the bill through that other house, but has no right to vote in that other house. 139. standing orders the proceedings of the senate and the national assembly are regulated by rules known as standing orders, which are made by the houses individually or jointly on the recommendation of the committee on standing rules and orders. standing orders may provide for-the passing of bills; the appointment and functions of committees and the delegation of functions to them; the way in which the powers, privileges and immunities of the houses may be exercised and upheld; the questioning of ministers and deputy ministers by members of parliament; a code of conduct for members of parliament; the exercise of the right of the public to petition parliament; and generally, the regulation and orderly conduct of business and proceedings in and between the houses. the procedures and processes of parliament and its committees, as provided for in standing orders, must promote transparency, must encourage the involvement of members of all political parties in parliament and the public, and must be fair and just. any committee established by or under standing orders must reflect, as closely as possible, the political and gender composition of parliament or of the house to which the standing orders apply. 140. presidential addresses and messages to parliament the president may at any time address either house of parliament or a joint sitting of both houses. the president may send messages to either house of parliament, and any such message must be read by a vice-president or minister or by the person presiding over the house concerned. the president may attend parliament to answer questions on any issue as may be provided in standing orders. at least once a year the president must address a joint sitting of both houses of parliament on the state of the nation, and the speaker and the president of the senate must make the necessary arrangements for parliament to receive such an address. 141. public access to and involvement in parliament parliament must-facilitate public involvement in its legislative and other processes and in the processes of its committees; ensure that interested parties are consulted about bills being considered by parliament, unless such consultation is inappropriate or impracticable; and conduct its business in a transparent manner and hold its sittings, and those of its committees, in public, though measures may be taken-to preserve order in parliamentary proceedings; to regulate public access, including access of the media, to parliament and its committees; to exclude the public, including the media, from sittings of committees; and to provide for the searching of persons and, where appropriate, the refusal of entry to parliament or the removal of any person from parliament; but those measures must be fair, reasonable and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom. 142. validity of proceedings in parliament a vacancy in the membership of the senate or the national assembly, or the suspension of a member of parliament, does not prevent the senate or the national assembly from transacting its business. the fact that a person who was not entitled to do so sat and voted in the senate or the national assembly or otherwise took part in the proceedings of the senate or the national assembly does not invalidate the proceedings. part 8. duration, dissolution and sittings of parliament 143. duration and dissolution of parliament parliament is elected for a five-year term which runs from the date on which the president-elect is sworn in and assumes office in terms of section 94(1)(a), and parliament stands dissolved at midnight on the day before the first polling day in the next general election called in terms of section 144. the president must by proclamation dissolve parliament if the senate and the national assembly, sitting separately, by the votes of at least two-thirds of the total membership of each house, have passed resolutions to dissolve. the president may by proclamation dissolve parliament if the national assembly has unreasonably refused to pass an appropriation bill referred to in section 305. a decision to dissolve parliament in terms of subsection (3) may, on the application of any member of parliament, be set aside on review by the constitutional court. an application for the review of a decision to dissolve parliament must be filed with the constitutional court within seven days after the decision was published, and-the constitutional court must determine the application within fourteen days after it was filed; and pending the constitutional court's determination of the application, the decision to dissolve parliament is suspended. 144. general election resulting from dissolution of parliament where parliament has not earlier passed resolutions to dissolve in terms of section 143(2), the president must by proclamation call and set dates for a general election to be held within the period prescribed in section 158. where-parliament has passed resolutions to dissolve in terms of section 143(2); the president has dissolved parliament in terms of section 143(3); the president has dissolved parliament following a vote of no confidence in terms of section 109(4); or parliament stands dissolved following a vote of no confidence in terms of section 109(5); the president must by proclamation call and set dates for a general election to be held not more than ninety days after parliament passed the resolutions or the president dissolved parliament or parliament stood dissolved, as the case may be. the dates for a general election called in terms of subsection (1) or (2) must be fixed by the president after consultation with the zimbabwe electoral commission. 145. first sitting of parliament following general election the first sitting of parliament after a general election must take place at a time and date determined by the president, but the date must not be later than thirty days after the president-elect assumes office in terms of section 94. until the election of a president of the senate or a speaker, as the case may be, the first meeting of a house of parliament must be presided over by the clerk of parliament. 146. sittings and recess periods each house of parliament determines the time and duration of its sittings, other than its first sitting, and its periods of recess, but-the president may summon parliament at any time to conduct special business; no more than one hundred and eighty days may elapse between the sittings of a house. 147. lapsing of bills, motions, petitions and other business on dissolution of parliament on the dissolution of parliament, all proceedings pending at the time are terminated, and every bill, motion, petition and other business lapses. part 9. general matters relating to parliament 148. privileges and immunities of parliament the president of the senate, the speaker and members of parliament have freedom of speech in parliament and in all parliamentary committees and, while they must obey the rules and orders of the house concerned, they are not liable to civil or criminal proceedings, arrest or imprisonment or damages for anything said in, produced before or submitted to parliament or any of its committees. an act of parliament may-provide for other privileges, immunities and powers of parliament and its members and officers; define conduct which constitutes contempt of parliament, whether committed by members of parliament or other people; and provide for a right of reply, through the speaker or the president of the senate, as the case may be, for persons who are unjustly injured by what is said about them in parliament; but no such act may permit parliament or its members or officers to impose any punishment in the nature of a criminal penalty, other than a fine, for breach of privilege or contempt of parliament. 149. right to petition parliament every citizen and permanent resident of zimbabwe has a right to petition parliament to consider any matter within its authority, including the enactment, amendment or repeal of legislation. the manner in which petitions are to be presented to parliament, and the action that parliament is to take on presentation of a petition, must be prescribed in standing orders. 150. venue of parliament parliament may sit at places other than the ordinary seat of parliament, but only on grounds of public interest, security or convenience. 151. committee on standing rules and orders parliament must appoint a committee to be known as the committee on standing rules and orders for the purpose of-supervising the administration of parliament; formulating standing orders; considering and deciding all matters concerning parliament; and exercising any other functions that may be conferred or imposed on the committee by this constitution or by standing orders or any other law. the committee on standing rules and orders must consist of the speaker and the president of the senate and the following members of parliament-the deputy speaker; the deputy president of the senate; the minister responsible for finance and two other ministers appointed by the president; the leader of government business in each house; the leader of the opposition in each house; the chief whips of all the political parties represented in each house; the president of the national council of chiefs; two members who are not ministers or deputy ministers, one being a senator appointed to the committee by the president of the senate and one being a member of the national assembly appointed by the speaker; and eight members who are not ministers or deputy ministers, four being elected to the committee by the senate and four being elected by the national assembly. members must be appointed or elected to the committee on standing rules and orders as soon as possible after the beginning of the first session of each parliament, and they must be selected so that the committee reflects as nearly as possible the political and gender composition of the combined houses of parliament. the committee on standing rules and orders is appointed for the life of each parliament. the committee on standing rules and orders is chaired by the speaker or, in his or her absence, by the president of the senate. the procedure to be followed by the committee on standing rules and orders must be prescribed in standing orders. whenever a vacancy occurs in the committee on standing rules and orders a member must be elected or appointed, as the case may be, as soon as possible to fill the vacancy. 152. parliamentary legal committee as soon as practicable after the beginning of each session of parliament, the committee on standing rules and orders must appoint a committee to be known as the parliamentary legal committee, consisting of at least three members of parliament who are not ministers or deputy ministers. a majority of the members of the parliamentary legal committee must be qualified to practise in zimbabwe as legal practitioners unless there are insufficient such persons eligible to be appointed to the committee. the parliamentary legal committee must examine-every bill, other than a constitutional bill, before it receives its final vote in the senate or the national assembly; any bill which has been amended after being examined by the committee, before the bill receives its final vote in the senate or the national assembly; every statutory instrument published in the gazette; every draft bill which has been referred to the committee by a vice-president or a minister; and every draft statutory instrument which has been referred to the committee by the authority empowered to make the instrument; and must report to parliament or to the vice-president, minister or authority, as the case may be, whether it considers any provision in the bill, statutory instrument or draft contravenes or, if enacted, would contravene any provision of this constitution. after examining any statutory instrument or draft statutory instrument the parliamentary legal committee must report to parliament or to the vice-president, minister or authority concerned whether it considers any provision in the instrument is or, if enacted, would be ultra vires the enabling act of parliament. an act of parliament or standing orders may confer further functions on the parliamentary legal committee. 153. remuneration of president of senate, speaker and members of parliament the remuneration of the speaker and the president of the senate-must be prescribed in an act of parliament and is a charge on the consolidated revenue fund; must not be reduced while they hold office; and must continue to be paid to them after a dissolution until they cease to hold office. the remuneration paid to members of parliament must be prescribed under an act of parliament. 154. clerk of parliament and other staff the committee on standing rules and orders, with the approval of the national assembly, must appoint an officer to be known as the clerk of parliament to be responsible, subject to standing orders and to the control and supervision of the speaker, for the day-to-day administration of parliament. the clerk of parliament is appointed for a six-year term, and may be re-appointed for one further such term. the clerk of parliament must vacate his or her office-if, on the recommendation of the committee on standing rules and orders, more than half of all the members of the national assembly resolve that the clerk should be removed; if the clerk would be required to vacate his or her seat were he or she a member of parliament; or in any event, after holding office as clerk for twelve years. the committee on standing rules and orders must appoint such other staff of parliament as it considers necessary. the clerk of parliament and the other staff of parliament. are appointed on terms of service approved from time to time by the committee on standing rules and orders; and are public officers but do not form part of the civil service. chapter 7. elections part 1. electoral systems and processes 155. principles of electoral system elections, which must be held regularly, and referendums, to which this constitution applies must be-peaceful, free and fair; conducted by secret ballot; based on universal adult suffrage and equality of votes; and free from violence and other electoral malpractices. the state must take all appropriate measures, including legislative measures, to ensure that effect is given to the principles set out in subsection (1) and, in particular, must-ensure that all eligible citizens, that is to say the citizens qualified under the fourth schedule, are registered as voters; ensure that every citizen who is eligible to vote in an election or referendum has an opportunity to cast a vote, and must facilitate voting by persons with disabilities or special needs; ensure that all political parties and candidates contesting an election or participating in a referendum have reasonable access to all material and information necessary for them to participate effectively; provide all political parties and candidates contesting an election or participating in a referendum with fair and equal access to electronic and print media, both public and private; and ensure the timely resolution of electoral disputes. 156. conduct of elections and referendums at every election and referendum, the zimbabwe electoral commission must ensure that-whatever voting method is used, it is simple, accurate, verifiable, secure and transparent; the results of the election or referendum are announced as soon as possible after the close of the polls; and appropriate systems and mechanisms are put in place-to eliminate electoral violence and other electoral malpractices; and to ensure the safekeeping of electoral materials. 157. electoral law an act of parliament must provide for the conduct of elections and referendums to which this constitution applies, and in particular for the following matters-the periodic delimitation of constituencies and wards in accordance with section 161; the registration of voters, and requirements for registration on particular voters' rolls; a code of conduct for political parties, candidates and other persons participating in elections or referendums; a system of proportional representation for the election of persons to the seats in the senate referred to in section 120(1)(a) and the seats reserved for women in the national assembly referred to in section 124(1)(b), and the procedure for filling vacancies in those seats, which vacancies must be filled by persons-belonging to the same political parties as those who previously held the seats; and of the same gender as the persons who previously held the seats; the election of representatives of persons with disabilities under section 120(1)(d); the conduct of elections to provincial and metropolitan councils and local authorities; challenges to election results. the system of proportional representation provided for in terms of subsection (1)(d) must ensure equal representation of women among the senators referred to in section 120(1)(a). the electoral law must provide for the nomination of candidates in any election to take place at least fourteen days after the election was called and thirty days before polling in the election. no amendments may be made to the electoral law, or to any subsidiary legislation made under that law, unless the zimbabwe electoral commission has been consulted and any recommendations made by the commission have been duly considered. after an election has been called, no change to the electoral law or to any other law relating to elections has effect for the purpose of that election. part 2. timing of elections 158. timing of elections a general election must be held so that polling takes place not more than-thirty days before the expiry of the five-year period specified in section 143; where parliament has passed resolutions to dissolve in terms of section 143(2), ninety days after the passing of the last such resolution; or where parliament is dissolved in terms of section 109(4) or (5) following a vote of no confidence, ninety days after the dissolution. general elections to local authorities must take place concurrently with presidential and parliamentary general elections. polling in by-elections to parliament and local authorities must take place within ninety days after the vacancies occurred unless the vacancies occur within nine months before a general election is due to be held, in which event the vacancies may remain unfilled until the general election. 159. filling of electoral vacancies whenever a vacancy occurs in any elective public office established in terms of this constitution, other than an office to which section 158 applies, the authority charged with organising elections to that body must cause an election to be held within ninety days to fill the vacancy. part 3. delimitation of electoral boundaries 160. number of constituencies and wards for the purpose of electing members of parliament, the zimbabwe electoral commission must divide zimbabwe into two hundred and ten constituencies. for the purpose of elections to local authorities, the zimbabwe electoral commission must divide local authority areas into wards according to the number of members to be elected to the local authorities concerned. 161. delimitation of electoral boundaries once every ten years, on a date or within a period fixed by the commission so as to fall as soon as possible after a population census, the zimbabwe electoral commission must conduct a delimitation of the electoral boundaries into which zimbabwe is to be divided. if a delimitation of electoral boundaries is completed less than six months before polling day in a general election, the boundaries so delimited do not apply to that election, and instead the boundaries that existed immediately before the delimitation are applicable. the boundaries of constituencies must be such that, so far as possible, at the time of delimitation equal numbers of voters are registered in each constituency within zimbabwe. the boundaries of wards must be such that, so far as possible, at the time of delimitation equal numbers of voters are registered in each ward of the local authority concerned. in delimiting-the boundaries of wards, the zimbabwe electoral commission must ensure that no ward is divided between two or more local authority areas; the boundaries of constituencies, the zimbabwe electoral commission must ensure that no ward is divided between two or more constituencies. in dividing zimbabwe into wards and constituencies, the zimbabwe electoral commission must, in respect of any area, give due consideration to its physical features; the means of communication within the area; the geographical distribution of registered voters; any community of interest as between registered voters; in the case of any delimitation after the first delimitation, existing electoral boundaries; and its population; and to give effect to these considerations, the commission may depart from the requirement that constituencies and wards must have equal numbers of voters, but no constituency or ward of the local authority concerned may have more than twenty per cent more or fewer registered voters than the other such constituencies or wards. after delimiting wards and constituencies, the zimbabwe electoral commission must submit to the president a preliminary report containing-a list of the wards and constituencies, with the names assigned to each and a description of their boundaries; a map or maps showing the wards and constituencies; and any further information or particulars which the commission considers necessary; and the president must cause the preliminary delimitation report to be laid before parliament within seven days. within fourteen days after a preliminary delimitation report has been laid before parliament-the president may refer the report back to the zimbabwe electoral commission for further consideration of any matter or issue; either house may resolve that the report should be referred back to the zimbabwe electoral commission for further consideration of any matter or issue, and in that event the president must refer the report back to the commission for that further consideration. where a preliminary delimitation report has been referred back to it under subsection (8), the zimbabwe electoral commission must give further consideration to the matter or issue concerned, but the commission's decision on it is final. as soon as possible after complying with subsections (7) and (9), the zimbabwe electoral commission must submit a final delimitation report to the president. within fourteen days after receiving the zimbabwe electoral commission's final report, the president must publish a proclamation in the gazette declaring the names and boundaries of the wards and constituencies as finally determined by the commission. if there is a discrepancy between the description of the boundaries of any ward or constituency and the map or maps prepared by the zimbabwe electoral commission, the description prevails. chapter 8. the judiciary and the courts part 1. the court system 162. judicial authority judicial authority derives from the people of zimbabwe and is vested in the courts, which comprise-the constitutional court; the supreme court; the high court; the labour court; the administrative court; the magistrates courts; the customary law courts; and other courts established by or under an act of parliament. 163. the judiciary the judiciary of zimbabwe consists of-the chief justice, the deputy chief justice and the other judges of the constitutional court; the judges of the supreme court; the judge president of the high court and the other judges of that court; the judge president of the labour court and the other judges of that court; the judge president of the administrative court and the other judges of that court; and persons presiding over magistrates courts, customary law courts and other courts established by or under an act of parliament. the chief justice is head of the judiciary and is in charge of the constitutional court and the supreme court. the judge president of the high court is in charge of that court. the judge president of the labour court is in charge of that court. the judge president of the administrative court is in charge of that court. 164. independence of judiciary the courts are independent and are subject only to this constitution and the law, which they must apply impartially, expeditiously and without fear, favour or prejudice. the independence, impartiality and effectiveness of the courts are central to the rule of law and democratic governance, and therefore-neither the state nor any institution or agency of the government at any level, and no other person, may interfere with the functioning of the courts; the state, through legislative and other measures, must assist and protect the courts to ensure their independence, impartiality, dignity, accessibility and effectiveness and to ensure that they comply with the principles set out in section 165. an order or decision of a court binds the state and all persons and governmental institutions and agencies to which it applies, and must be obeyed by them. nothing in this section is to be construed as preventing an act of parliament from vesting functions other than adjudicating functions in a member of the judiciary, provided that the exercise of those functions does not compromise the independence of the judicial officer concerned in the performance of his or her judicial functions and does not compromise the independence of the judiciary in general. 165. principles guiding judiciary in exercising judicial authority, members of the judiciary must be guided by the following principles-justice must be done to all, irrespective of status; justice must not be delayed, and to that end members of the judiciary must perform their judicial duties efficiently and with reasonable promptness; the role of the courts is paramount in safeguarding human rights and freedoms and the rule of law. members of the judiciary, individually and collectively, must respect and honour their judicial office as a public trust and must strive to enhance their independence in order to maintain public confidence in the judicial system. when making a judicial decision, a member of the judiciary must make it freely and without interference or undue influence. members of the judiciary must not-engage in any political activities; hold office in or be members of any political organisation; solicit funds for or contribute towards any political organisation; or attend political meetings. members of the judiciary must not solicit or accept any gift, bequest, loan or favour that may influence their judicial conduct or give the appearance of judicial impropriety. members of the judiciary must give their judicial duties precedence over all other activities, and must not engage in any activities which interfere with or compromise their judicial duties. members of the judiciary must take reasonable steps to maintain and enhance their professional knowledge, skills and personal qualities, and in particular must keep themselves abreast of developments in domestic and international law. 166. constitutional court the constitutional court is a superior court of record and consists of-the chief justice and the deputy chief justice; and five other judges of the constitutional court; if the services of an acting judge are required on the constitutional court for a limited period, the chief justice may appoint a judge or a former judge to act as a judge of the constitutional court for that period. cases before the constitutional court-concerning alleged infringements of a fundamental human right or freedom enshrined in chapter 4, or concerning the election of a president or vice-president, must be heard by all the judges of the court; other than cases referred to in paragraph (a), must be heard by at least three judges of the court; but an act of parliament or rules of the court may provide for interlocutory matters to be heard by one or more judges of the court. judges or former judges appointed to act under subsection (2) may continue to sit as judges of the constitutional court after their appointments have expired, for the purpose of dealing with any proceedings commenced before them while they were so acting. 167. jurisdiction of constitutional court the constitutional court-is the highest court in all constitutional matters, and its decisions on those matters bind all other courts; decides only constitutional matters and issues connected with decisions on constitutional matters, in particular references and applications under section 131(8)(b) and paragraph 9(2) of the fifth schedule; and makes the final decision whether a matter is a constitutional matter or whether an issue is connected with a decision on a constitutional matter. subject to this constitution, only the constitutional court may-advise on the constitutionality of any proposed legislation, but may do so only where the legislation concerned has been referred to it in terms of this constitution; hear and determine disputes relating to election to the office of president; hear and determine disputes relating to whether or not a person is qualified to hold the office of vice-president; or determine whether parliament or the president has failed to fulfil a constitutional obligation. the constitutional court makes the final decision whether an act of parliament or conduct of the president or parliament is constitutional, and must confirm any order of constitutional invalidity made by another court before that order has any force. an act of parliament may provide for the exercise of jurisdiction by the constitutional court and for that purpose may confer the power to make rules of court. rules of the constitutional court must allow a person, when it is in the interests of justice and with or without leave of the constitutional court-to bring a constitutional matter directly to the constitutional court; to appeal directly to the constitutional court from any other court; to appear as a friend of the court. 168. supreme court the supreme court is a superior court of record and consists of-the chief justice and the deputy chief justice; no fewer than two other judges of the supreme court; and any additional judges appointed under subsection (2). if the services of an additional judge are required on the supreme court for a limited period, the chief justice may appoint a judge of the high court, or a former judge to act as a judge of the supreme court for that period. judges or former judges appointed to act under subsection (2) may continue to sit as judges of the supreme court after their appointments have expired, for the purpose of dealing with any proceedings commenced before them while they were so acting. 169. jurisdiction of supreme court the supreme court is the final court of appeal for zimbabwe, except in matters over which the constitutional court has jurisdiction. subject to subsection (1), an act of parliament may confer additional jurisdiction and powers on the supreme court. an act of parliament may provide for the exercise of jurisdiction by the supreme court and for that purpose may confer the power to make rules of court. rules of court may confer on a registrar of the supreme court any of the court's jurisdiction and powers in civil cases-to make orders in uncontested cases, other than orders affecting status or the custody or guardianship of children; to decide preliminary or interlocutory matters, including applications for directions, but not matters affecting the liberty of any person; but the rules must give any person affected by the registrar's order or decision a right to have it reviewed by a judge of the supreme court, who may confirm it, amend it or set it aside or give any other order or decision he or she thinks fit. 170. high court the high court is a superior court of record and consists of-the chief justice, the deputy chief justice and the judge president of the high court; and such other judges of the high court as may be appointed from time to time. 171. jurisdiction of high court the high court-has original jurisdiction over all civil and criminal matters throughout zimbabwe; has jurisdiction to supervise magistrates courts and other subordinate courts and to review their decisions; may decide constitutional matters except those that only the constitutional court may decide; and has such appellate jurisdiction as may be conferred on it by an act of parliament. an act of parliament may provide for the exercise of jurisdiction by the high court and for that purpose may confer the power to make rules of court. an act of parliament may provide for the high court to be divided into specialised divisions, but every such division must be able to exercise the general jurisdiction of the high court in any matter that is brought before it. rules of court may confer on a registrar of the high court power in civil cases-to make orders in uncontested cases, other than orders affecting status or the custody or guardianship of children; to decide preliminary or interlocutory matters, including applications for directions, but not matters affecting the liberty of any person; but the rules must give any person affected by the registrar's order or decision a right to have it reviewed by a judge of the high court, who may confirm it, amend it or set it aside or give any other order or decision he or she thinks fit. 172. labour court the labour court is a court of record and consists of-a senior judge; and such other judges of the labour court as may be appointed from time to time. the labour court has such jurisdiction over matters of labour and employment as may be conferred upon it by an act of parliament. an act of parliament may provide for the exercise of jurisdiction by the labour court and for that purpose may confer the power to make rules of court. 173. administrative court the administrative court is a court of record and consists of-a senior judge; and such other judges of the administrative court as may be appointed from time to time. the administrative court has such jurisdiction over administrative matters as may be conferred upon it by an act of parliament. an act of parliament may provide for the exercise of jurisdiction by the administrative court and for that purpose may confer the power to make rules of court. 174. other courts and tribunals an act of parliament may provide for the establishment, composition and jurisdiction of-magistrates courts, to adjudicate on civil and criminal cases; customary law courts whose jurisdiction consists primarily in the application of customary law; other courts subordinate to the high court; and tribunals for arbitration, mediation and other forms of alternative dispute resolution. for the purpose of this section and section 171(1)(b), it is declared, for the avoidance of doubt, that the labour court and administrative court are courts subordinate to the high court. 175. powers of courts in constitutional matters where a court makes an order concerning the constitutional invalidity of any law or any conduct of the president or parliament, the order has no force unless it is confirmed by the constitutional court. a court which makes an order of constitutional invalidity referred to in subsection (1) may grant a temporary interdict or other temporary relief to a party, or may adjourn the proceedings, pending a decision of the constitutional court on the validity of the law or conduct concerned. any person with a sufficient interest may appeal, or apply, directly to the constitutional court to confirm or vary an order concerning constitutional validity by a court in terms of subsection (1). if a constitutional matter arises in any proceedings before a court, the person presiding over that court may and, if so requested by any party to the proceedings, must refer the matter to the constitutional court unless he or she considers the request is merely frivolous or vexatious. an act of parliament or rules of court must provide for the reference to the constitutional court of an order concerning constitutional invalidity made in terms of subsection (1) by a court other than the constitutional court. when deciding a constitutional matter within its jurisdiction a court may-declare that any law or conduct that is inconsistent with the constitution is invalid to the extent of the inconsistency; make any order that is just and equitable, including an order limiting the retrospective effect of the declaration of invalidity and an order suspending conditionally or unconditionally the declaration of invalidity for any period to allow the competent authority to correct the defect. 176. inherent powers of constitutional court, supreme court and high court the constitutional court, the supreme court and the high court have inherent power to protect and regulate their own process and to develop the common law or the customary law, taking into account the interests of justice and the provisions of this constitution. part 2. appointment and tenure of members of judiciary 177. qualifications of judges of constitutional court a person is qualified for appointment as a judge of the constitutional court if he or she is a zimbabwean citizen, is at least forty years old and has a sound knowledge of constitutional law and, in addition, possesses one of the following qualifications-he or she has been a judge of a court with unlimited jurisdiction in civil or criminal matters in a country in which the common law is roman-dutch or english, and english is an officially recognised language; or for at least twelve years, whether continuously or not, he or she has been qualified to practise as a legal practitioner-in zimbabwe; or in a country in which the common law is roman-dutch or english and english is an officially recognised language; and is currently so qualified to practise. 183. judicial officers not to be appointed to more than one court except as otherwise provided in this constitution, a person must not be appointed as a judicial officer of more than one court. 184. judicial appointments to reflect society appointments to the judiciary must reflect broadly the diversity and gender composition of zimbabwe. to be appointed as a judge of the constitutional court a person must be a fit and proper person to hold office as a judge. 178. qualifications of judges of supreme court a person is qualified for appointment as a judge of the supreme court if he or she is a zimbabwean citizen and at least forty years old and, in addition-is or has been a judge of a court with unlimited jurisdiction in civil or criminal matters in a country in which the common law is roman-dutch or english and english is an officially recognised language; or for at least ten years, whether continuously or not, he or she has been qualified to practise as a legal practitioner-in zimbabwe; or in a country in which the common law is roman-dutch or english and english is an officially recognised language; and is currently so qualified to practise. to be appointed as a judge of the supreme court a person must be a fit and proper person to hold office as a judge. 179. qualifications of judges of high court, labour court and administrative court a person is qualified for appointment as a judge of the high court, the labour court or the administrative court if he or she is at least forty years old and, in addition-is or has been a judge of a court with unlimited jurisdiction in civil or criminal matters in a country in which the common law is roman-dutch or english and english is an officially recognised language; or for at least seven years, whether continuously or not, he or she has been qualified to practise as a legal practitioner-in zimbabwe; in a country in which the common law is roman-dutch and english is an officially recognised language; or if he or she is a zimbabwean citizen, in a country in which the common law is english and english is an officially recognised language; and is currently so qualified to practise. to be appointed as a judge of the high court, the labour court or the administrative court a person must be a fit and proper person to hold office as a judge. 180. appointment of judges the chief justice, the deputy chief justice, and the judge president of the high court and all other judges are appointed by the president in accordance with this section. the chief justice, the deputy chief justice, and the judge president of the high court shall be appointed by the president after consultation with the judicial service commission. if the appointment of a chief justice, deputy chief justice or judge president of the high court is not consistent with any recommendation made by the judicial service comnnission in terms of subsection (2), the president shalt cause the senate to be informed as soon as is practicable: whenever it is necessary to appoint a judge other than the chief justice, deputy chief justice or judge president of the high court, the judicial service commission mustadvertise the position; and invite the president and the public to make nondnations; and conduct public interviews of prospective candidates; and prepare a list of three qualified persons as nominees for the office; and submit the list to the president; whereupon, subject to subsection (5), the president must appoint one of the nominees to the office concerned. if the president considers that none of the persons on the list submitted to him or her in terms of subsection (4)(e) are suitable for appointment to the office, he or she must require the judicial service commissionto submit a further list of three qualified persons, whereupon the president must appoint one of the nominees to the office concerned. the president must cause notice of every appointment under this section to be published in the gazette. the offices of senior judge of the labour court and senior judge of the adrninistrative court must be filled by another judge or an additional or acting judge, as the case may be, of the court concemed, and are appointed by the chief justice after consultation with the judicial service commission. 181. acting judicial appointments if the office of chief justice is vacant or if the office-holder is unable to perform the functions of the office, the deputy chief justice acts in his or her place, but if both offices are vacant or both office-holders are unable to perform their functions, the next most senior judge of the constitutional court acts as chief justice. if the office of-judge president of the high court; senior judge of the labour court; or senior judge of the administrative court; is vacant or if the office-holder is unable to perform the functions of that office, the next most senior judge of the court concerned acts as judge president. if the services of an additional judge of the high court, the labour court or the administrative court are required for a limited period the president, acting on the advice of the judicial service commission, may appoint a former judge to act in that office for not more than twelve months, which period may be renewed for one further period of twelve months. persons appointed to act under subsection (3) may continue to sit as judges after their appointments have expired, for the purpose of dealing with any proceedings commenced before them while they were so acting. 182. appointment of magistrates and other members of judiciary an act of parliament must provide for the appointment of magistrates and other judicial officers other than judges, but-magistrates must be appointed by the judicial service commission; judicial officers other than magistrates or judges must be appointed with the approval of the judicial service commission; all such appointments must be made transparently and without fear, favour, prejudice or bias. 185. oath of office before the chief justice or deputy chief justice assumes office, he or she must take, before the president or a person authorised by the president, the judicial oath in the form set out in the third schedule. before a judge, other than the chief justice or deputy chief justice, assumes office, he or she must take, before the chief justice or the next most senior judge available, the judicial oath in the form set out in the third schedule. the acts of parliament under which magistrates and other members of the judiciary, other than judges, are appointed must prescribe the oath to be taken by those members of the judiciary. 186. tenure of office of judges judges of the constitutional court are appointed for a non-renewable term of not more than fifteen years, but-they must retire earlier if they reach the age of seventy years; and after the completion of their term, they may be appointed as judges of the supreme court or the high court, at their option, if they are eligible for such appointment. judges of the supreme court and the high court hold office from the date of their assumption of office until they reach the age of seventy years, when they must retire. a person may be appointed as a judge of the supreme court or the high court for a fixed term, but if a person is so appointed, other than in an acting capacity, he or she ceases to be a judge on reaching the age of seventy years even if the term of his or her appointment has not expired; even though a judge has resigned or reached the age of seventy years or, in the case of a judge of the constitutional court or a judge referred to in subsection (3), reached the end of his or her term of office, he or she may continue to sit as a judge for the purpose of dealing with any proceedings commenced before him or her while he or she was a judge. a judge may resign from his or her office at any time by written notice to the president given through the judicial service commission. the office of a judge must not be abolished during his or her tenure of office. 187. removal of judges from office a judge may be removed from office only for-inability to perform the functions of his or her office, due to mental or physical incapacity; gross incompetence; or gross misconduct; and a judge cannot be removed from office except in accordance with this section. if the president considers that the question of removing the chief justice from office ought to be investigated, the president must appoint a tribunal to inquire into the matter. if the judicial service commission advises the president that the question of removing any judge, including the chief justice, from office ought to be investigated, the president must appoint a tribunal to inquire into the matter. a tribunal appointed under this section must consist of at least three members appointed by the president, of whom-at least one must be a person who-has served as a judge of the supreme court or high court in zimbabwe; or holds or has held office as a judge of a court with unlimited jurisdiction in civil or criminal matters in a country whose common law is roman-dutch or english, and english is an officially recognised language; at least one must be chosen from a list of three or more legal practitioners of seven years' standing or more who have been nominated by the association, constituted under an act of parliament, which represents legal practitioners in zimbabwe. the association referred to in subsection (4)(b) must prepare the list referred to in that subsection when so required by the president. the president must designate one of the members of a tribunal appointed under this section to be chairperson of the tribunal. a tribunal appointed under subsection (2) or (3) must inquire into the question of removing the judge concerned from office and, having done so, must report its findings to the president and recommend whether or not the judge should be removed from office. the president must act in accordance with the tribunal's recommendation in terms of subsection (7). a tribunal appointed under this section has the same rights and powers as commissioners under the commissions of inquiry act [chapter 10:07], or any law that replaces that act. if the question of removing a judge from office has been referred to a tribunal under this section, the judge is suspended from office until the president, on the recommendation of the tribunal, revokes the suspension or removes the judge from office. an act of parliament may empower the judicial service commission or a tribunal appointed under this section to require any judge to submit to a medical examination by a medical board established for that purpose, in order to ascertain his or her physical or mental health. 188. conditions of service and tenure of members of judiciary judges are entitled to the salaries, allowances and other benefits fixed from time to time by the judicial service commission with the approval of the president given after consultation with the minister responsible for justice and on the recommendation of the minister responsible for finance. an act of parliament must provide for the conditions of service of judicial officers other than judges and must ensure that their promotion, transfer and dismissal, and any disciplinary steps taken against them, take place-with the approval of the judicial service commission; and in a fair and transparent manner and without fear, favour or prejudice. the salaries, allowances and other benefits of members of the judiciary are a charge on the consolidated revenue fund. the salaries, allowances and other benefits of members of the judiciary must not be reduced while they hold or act in the office concerned. part 3. judicial service commission 189. establishment and composition of judicial service commission there is a judicial service commission consisting of-the chief justice; the deputy chief justice; the judge president of the high court; one judge nominated by the judges of the constitutional court, the supreme court, the high court, the labour court and the administrative court; the attorney-general; the chief magistrate; the chairperson of the civil service commission; three practising legal practitioners of at least seven years' experience designated by the association, constituted under an act of parliament, which represents legal practitioners in zimbabwe; one professor or senior lecturer of law designated by an association representing the majority of the teachers of law at zimbabwean universities or, in the absence of such an association, appointed by the president; one person who for at least seven years has practised in zimbabwe as a public accountant or auditor, and who is designated by an association, constituted under an act of parliament, which represents such persons; and one person with at least seven years' experience in human resources management, appointed by the president. the chief justice or, in his or her absence, the deputy chief justice presides at meetings of the judicial service commission, and in the absence of both of them at any meeting the members present elect one of their number to preside at the meeting. the members of the judicial service commission referred to in paragraphs (d), (h), (i), (j) and (k) of subsection (1) are appointed for one non-renewable term of six years. 190. functions of judicial service commission the judicial service commission may tender advice to the government on any matter relating to the judiciary or the administration of justice, and the government must pay due regard to any such advice. the judicial service commission must promote and facilitate the independence and accountability of the judiciary and the efficient, effective and transparent administration of justice in zimbabwe, and has all the powers needed for this purpose. the judicial service commission, with the approval of the minister responsible for justice, may make regulations for any purpose set out in this section. an act of parliament may confer on the judicial service commission functions in connection with the employment, discipline and conditions of service of persons employed in the constitutional court, the supreme court, the high court, the labour court, the administrative court and other courts. 191. fairness and transparency of proceedings of judicial service commission the judicial service commission must conduct its business in a just, fair and transparent manner. part 4. general 192. law to be administered the law to be administered by the courts of zimbabwe is the law that was in force on the effective date, as subsequently modified. 193. criminal jurisdiction of courts only the following courts may exercise or be given jurisdiction in criminal cases-the constitutional court, the supreme court, the high court and magistrates courts; a court or tribunal that deals with cases under a disciplinary law, to the extent that the jurisdiction is necessary for the enforcement of discipline in the disciplined force concerned. chapter 9. principles of public administration and leadership 194. basic values and principles governing public administration public administration in all tiers of government, including institutions and agencies of the state, and government-controlled entities and other public enterprises, must be governed by the democratic values and principles enshrined in this constitution, including the following principles-a high standard of professional ethics must be promoted and maintained; efficient and economical use of resources must be promoted; public administration must be development-oriented; services must be provided impartially, fairly, equitably and without bias; people's needs must be responded to within a reasonable time, and the public must be encouraged to participate in policy-making; public administration must be accountable to parliament and to the people; institutions and agencies of government at all levels must co-operate with each other; transparency must be fostered by providing the public with timely, accessible and accurate information; good human-resource management and career-development practices, to maximise human potential, must be cultivated; public administration must be broadly representative of the diverse communities of zimbabwe; employment, training and advancement practices must be based on merit, ability, objectivity, fairness, the equality of men and women and the inclusion of persons with disabilities; and the state must take measures, including legislative measures, to promote these values and principles. appointments to offices in all tiers of government, including government institutions and agencies and government-controlled entities and other public enterprises, must be made primarily on the basis of merit. 195. state-controlled commercial entities companies and other commercial entities owned or wholly controlled by the state must, in addition to complying with the principles set out in section 194(1), conduct their operations so as to maintain commercial viability and abide by generally accepted standards of good corporate governance. companies and other commercial entities referred to in subsection (1) must establish transparent, open and competitive procurement systems. 196. responsibilities of public officers and principles of leadership authority assigned to a public officer is a public trust which must be exercised in a manner which-is consistent with the purposes and objectives of this constitution; demonstrates respect for the people and a readiness to serve them rather than rule them; and promotes public confidence in the office held by the public officer. public officers must conduct themselves, in public and private life, so as to avoid any conflict between their personal interests and their public or official duties, and to abstain from any conduct that demeans their office. public officers in leadership positions must abide by the following principles of leadership-objectivity and impartiality in decision making; honesty in the execution of public duties; accountability to the public for decisions and actions; and discipline and commitment in the service of the people. 197. terms of office of heads of government-controlled entities an act of parliament may limit the terms of office of chief executive officers or heads of government-controlled entities and other commercial entities and public enterprises owned or wholly controlled by the state. 198. legislation to enforce chapter 9 an act of parliament must provide measures to enforce the provisions of this chapter, including measures-requiring public officers to make regular disclosures of their assets; establishing codes of conduct to be observed by public officers; specifying the standards of good corporate governance to be observed by government-controlled entities and other commercial entities owned or wholly controlled by the state; providing for the disciplining of persons who contravene the provisions of this chapter or of any code of conduct or standard referred to in paragraph (b). chapter 10. civil service 199. civil service there is a single civil service, which is responsible for the administration of zimbabwe. the civil service consists of persons employed by the state other than-members of the security services and any other security service that may be established; judges, magistrates and persons presiding over courts established by an act of parliament; members of commissions established by this constitution; the staff of parliament; and any other person whose office or post is stated, by this constitution or an act of parliament, not to form part of the civil service. an act of parliament must provide for the organisation, structure, management, regulation, discipline and, subject to section 203, the conditions of service of members of the civil service. 200. conduct of members of civil service members of the civil service must act in accordance with this constitution and the law. no member of the civil service may obey an order that is manifestly illegal. no member of the civil service may, in the exercise of their functions-act in a partisan manner; further the interests of any political party or cause; prejudice the lawful interests of any political party or cause; or violate the fundamental rights or freedoms of any person. members of the civil service must not be office-bearers of any political party. an act of parliament must make provision to ensure the political neutrality of the civil service. 201. minister responsible for civil service the president must appoint a minister to be responsible for the civil service. 202. establishment and composition of civil service commission there is a civil service commission consisting of-a chairperson and deputy chairperson; and a minimum of two and a maximum of five other members; appointed by the president. members of the civil service commission must be chosen for their knowledge of or experience in administration, management or the provision of public services. 203. functions of civil service commission the civil service commission has the following functions-to appoint qualified and competent persons to hold posts in the civil service; subject to section 65(5), to fix and regulate conditions of service, including salaries, allowances and other benefits, of members of the civil service; to exercise control and disciplinary powers over members of the civil service; to investigate grievances and to remedy the grievances of members of the civil service concerning official acts or omissions; to implement measures to ensure effective and efficient performance within, and the general well-being of, the civil service; to ensure that members of the civil service carry out their duties efficiently and impartially; to advise the president and the minister on any matter relating to the civil service; to promote throughout the civil service the values and principles set out in this constitution; and to exercise any other function that is conferred or imposed on the commission by this constitution or an act of parliament. the civil service commission, with the approval of the minister responsible for the civil service, may make regulations for any of the purposes set out in subsection (1). the civil service commission must exercise its functions in accordance with any general written policy directives which the minister responsible for the civil service may give it. in fixing the salaries, allowances and other benefits of members of the civil service, the civil service commission must act with the approval of the president given on the recommendation of the minister responsible for finance and after consultation with the minister responsible for the civil service. 204. ambassadors and other principal representatives of zimbabwe the president may appoint persons to be ambassadors or other principal representatives of zimbabwe in other countries or to be accredited to international organisations and may, at any time, remove those persons from their posts. 205. permanent secretaries permanent secretaries of ministries are appointed by the president after consultation with the civil service commission. the term of office of a permanent secretary is a period of up to five years, and is renewable once only subject to competence, performance and delivery. chapter 11. security services part 1. general provisions 206. national security the national security objectives of zimbabwe must reflect the resolve of zimbabweans to live as equals in liberty, peace and harmony, free from fear, and in prosperity. the national security of zimbabwe must be secured in compliance with this constitution and the law. in particular, the protection of national security must be pursued with the utmost respect for-the fundamental rights and freedoms and the democratic values and principles enshrined in this constitution; and the rule of law. 207. security services the security services of zimbabwe consist of-the defence forces; the police service; the intelligence services; the prisons and correctional service; and any other security service established by act of parliament. the security services are subject to the authority of this constitution, the president and cabinet and are subject to parliamentary oversight. membership of the security services must reflect the diversity of the people of zimbabwe. 208. conduct of members of security services members of the security services must act in accordance with this constitution and the law. neither the security services nor any of their members may, in the exercise of their functions-act in a partisan manner; further the interests of any political party or cause; prejudice the lawful interests of any political party or cause; or violate the fundamental rights or freedoms of any person. members of the security services must not be active members or office-bearers of any political party or organisation. serving members of the security services must not be employed or engaged in civilian institutions except in periods of public emergency. 209. national security council there is a national security council consisting of the president as chairperson, the vice-presidents and such ministers and members of the security services and other persons as may be determined in an act of parliament. the functions of the national security council are-to develop the national security policy for zimbabwe; to inform and advise the president on matters relating to national security; and to exercise any other functions that may be prescribed in an act of parliament. the commanders of the security services must provide the national security council with such reports on the security situation in zimbabwe as the council may reasonably require. 210. independent complaints mechanism an act of parliament must provide an effective and independent mechanism for receiving and investigating complaints from members of the public about misconduct on the part of members of the security services, and for remedying any harm caused by such misconduct. part 2. defence forces 211. defence forces the defence forces of zimbabwe consist of an army, an air force and any other services that may be established under an act of parliament. the defence forces are the only lawful military forces in zimbabwe. the defence forces must respect the fundamental rights and freedoms of all persons and be non-partisan, national in character, patriotic, professional and subordinate to the civilian authority as established by this constitution. the defence forces must be maintained as disciplined military forces. an act of parliament must provide for the organisation, structure, management, regulation, discipline and, subject to section 218, the conditions of service of members of the defence forces. 212. function of defence forces the function of the defence forces is to protect zimbabwe, its people, its national security and interests and its territorial integrity and to uphold this constitution. 213. deployment of defence forces subject to this constitution, only the president, as commander-in-chief of the defence forces, has power-to authorise the deployment of the defence forces; or has power to determine the operational use of the defence forces. with the authority of the president, the defence forces may be deployed in zimbabwe-in defence of zimbabwe; in support of the police service in the maintenance of public order; or in support of the police service and other civilian authorities in the event of an emergency or disaster. with the authority of the president, the defence forces may be deployed outside zimbabwe-on peace-keeping operations under the auspices of the united nations organisation or any other international or regional organisation of which zimbabwe is a member; to defend the territorial integrity of a foreign country; in fulfilment of an international commitment; or in defence of zimbabwe's national security or national interests. by a two-thirds majority of the total membership of parliament at a joint sitting of the senate and the national assembly, parliament may resolve that a deployment of the defence forces outside zimbabwe should be rescinded. where parliament has resolved that a deployment of the defence forces outside zimbabwe should be rescinded, the president must take all practical steps to withdraw the defence forces, taking due account of the need to ensure the safety of zimbabwean personnel and equipment. 214. political accountability for deployment of defence forces when the defence forces are deployed-in zimbabwe to assist in the maintenance of public order; or outside zimbabwe; the president must cause parliament to be informed, promptly and in appropriate detail, of the reasons for their deployment and-where they are deployed in zimbabwe, the place where they are deployed; where they are deployed outside zimbabwe, the country in which they are deployed. 215. minister responsible for defence forces the president must appoint a minister to be responsible for the defence forces. 216. command of defence forces an act of parliament may provide that-the defence forces are to be under the command of a single commander; or each service of the defence forces, or any two or more of them jointly, are to be under the command of a separate commander. every commander of the defence forces, and every commander of a service of the defence forces, is appointed by the president after consultation with the minister responsible for the defence forces. commanders of the defence forces and commanders of services of the defence forces, are appointed for a term of not more than five years, and a person must not serve in any one of those offices for more than two terms. a person who has served as commander of a service of the defence forces may be appointed as commander of the defence forces, but a person who has served as commander of the defence forces may not be appointed as commander of a service of the defence forces or to the command of any other security service. every commander of the defence forces, and every commander of a service of the defence forces, must exercise his or her command in accordance with general written policy directives given by the minister responsible for the defence forces acting under the authority of the president. 217. establishment and composition of defence forces service commission there is a defence forces service commission consisting of a chairperson who must be the chairperson of the civil service commission, and a minimum of two and a maximum of six other members appointed by the president. members of the defence forces service commission must be chosen for their knowledge of or experience in administration, management, military affairs, their professional qualifications or their general suitability for appointment, and-at least half of them must be persons who are not and have not been members of the defence forces; at least one of them must have held senior rank in the defence forces for one or more periods amounting to at least five years. 218. functions of defence forces service commission the defence forces service commission has the following functions-to appoint qualified and competent persons to hold posts or ranks in the defence forces; to fix and regulate conditions of service, including salaries, allowances and other benefits, of members of the defence forces; to ensure the general well-being and good administration of the defence forces and their maintenance in a high state of efficiency; to ensure that members of the defence forces comply with section 208; to foster harmony and understanding between the defence forces and civilians; to advise the president and the minister on any matter relating to the defence forces; and to exercise any other function conferred or imposed on the commission by this constitution or an act of parliament. the defence forces service commission, with the approval of the minister responsible for the defence forces, may make regulations for any of the purposes set out in subsection (1). in fixing the salaries, allowances and other benefits of members of the defence forces, the defence forces service commission must act with the approval of the president given on the recommendation of the minister responsible for finance and after consultation with the minister responsible for the defence forces. part 3. police service 219. police service and its functions there is a police service which is responsible for-detecting, investigating and preventing crime; preserving the internal security of zimbabwe; protecting and securing the lives and property of the people; maintaining law and order; and upholding this constitution and enforcing the law without fear or favour. the police service must exercise its functions in co-operation with-any intelligence service that may be established by law; any body that may be established by law for the purpose of detecting, investigating or preventing particular classes of offences; and regional and international bodies formed to combat crime. the police service must be non-partisan, national in character, patriotic, professional and subordinate to the civilian authority as established by this constitution. an act of parliament must provide for the organisation, structure, management, regulation, discipline and, subject to section 223, the conditions of service of members of the police service. 220. minister responsible for police service the president must appoint a minister to be responsible for the police service. 221. commissioner-general of police the police service is under the command of a commissioner-general of police appointed by the president after consultation with the minister responsible for the police. the commissioner-general of police is appointed for a five-year term which may be renewed once. a person who has served as commissioner-general of police may not be appointed to the command of any other security service. the commissioner-general of police must exercise his or her command in accordance with any general written policy directives given by the minister responsible for the police acting under the authority of the president. 222. establishment and composition of police service commission there is a police service commission consisting of a chairperson, who must be the chairperson of the civil service commission, and a minimum of two and a maximum of six other members appointed by the president. members of the police service commission must be chosen for their knowledge of or experience in the maintenance of law and order, administration, or their professional qualifications or their general suitability for appointment, and-at least half of them must be persons who are not and have not been members of the police service; at least one of them must have held a senior rank in the police service for one or more periods amounting to at least five years. 223. functions of police service commission the police service commission has the following functions-to appoint qualified and competent persons to hold posts or ranks in the police service; to fix and regulate conditions of service, including salaries, allowances and other benefits, of members of the police service; to ensure the general well-being and good administration of the police service and its maintenance in a high state of efficiency; to ensure that members of the police service comply with section 208; to foster harmony and understanding between the police service and civilians; to advise the president and the minister on any matter relating to the police service; and to exercise any other function conferred or imposed on the commission by this constitution or an act of parliament. the police service commission, with the approval of the minister responsible for the police service, may make regulations for any of the purposes set out in subsection (1). in fixing the salaries, allowances and other benefits of members of the police service, the police service commission must act with the approval of the president given on the recommendation of the minister responsible for finance and after consultation with the minister responsible for the police service. part 4. intelligence services 224. establishment of intelligence services any intelligence service of the state, other than an intelligence division of the defence forces or the police service, must be established in terms of a law or a presidential or cabinet directive or order. any intelligence service of the state must be non-partisan, national in character, patriotic, professional and subordinate to the civilian authority as established by this constitution. 225. minister responsible for national intelligence service the president must appoint a minister to be responsible for any national intelligence service. 226. command or control of national intelligence service a national intelligence service must be under the command or control of a director-general of intelligence services who must be appointed by the president for a five-year term which may be renewed once. the director-general of intelligence services must exercise his or her command or control in accordance with any general written policy directives given by the minister responsible for the national intelligence service acting under the authority of the president. a person who has served as director-general of intelligence services may not be appointed to the command of any other security service. part 5. prisons and correctional service 227. prisons and correctional service and its functions there is a prisons and correctional service which is responsible for-the protection of society from criminals through the incarceration and rehabilitation of convicted persons and others who are lawfully required to be detained, and their reintegration into society; and the administration of prisons and correctional facilities. the prisons and correctional service must be non-partisan, national in character, patriotic, professional and subordinate to the civilian authority as established by this constitution. an act of parliament must provide for the organisation, structure, management, regulation, discipline and, subject to section 231, the conditions of service of members of the prisons and correctional service. 228. minister responsible for prisons and correctional service the president must appoint a minister to be responsible for the prisons and correctional service. 229. commissioner-general of prisons and correctional service the prisons and correctional service is under the command of a commissioner-general of the prisons and correctional service appointed by the president after consultation with the minister responsible for the prisons and correctional service. the commissioner-general of the prisons and correctional service is appointed for a five-year term which may be renewed once. a person who has served as commissioner-general of the prisons and correctional service may not be appointed to the command of any other security service. the commissioner-general of the prisons and correctional service must exercise his or her command in accordance with general written policy directives given by the minister responsible for the prisons and correctional service acting under the authority of the president. 230. establishment and composition of prisons and correctional service commission there is a prisons and correctional service commission consisting of a chairperson, who must be the chairperson of the civil service commission, and a minimum of two and a maximum of six other members appointed by the president. members of the prisons and correctional service commission must be chosen for their knowledge of or experience in administration, management, security affairs, or for their professional qualifications or their general suitability for appointment, and-at least half of them must be persons who are not and have not been members of the prisons and correctional service; at least one of them must have held senior rank in the prisons and correctional service for one or more periods amounting to at least five years. 231. functions of prisons and correctional service commission the prisons and correctional service commission has the following functions-to appoint qualified and competent persons to hold posts or ranks in the prisons and correctional service; to fix and regulate conditions of service, including salaries, allowances and other benefits, of members of the prisons and correctional service; to ensure the general well-being and good administration of the prisons and correctional service and its maintenance in a high state of efficiency; to ensure that members of the prisons and correctional service comply with section 208; to foster harmony and understanding between the prisons and correctional service and civilians; to advise the president and the minister on any matter relating to the prisons and correctional service; and to exercise any other function conferred or imposed on the commission by this constitution or an act of parliament. the prisons and correctional service commission, with the approval of the minister responsible for the prisons and correctional service, may make regulations for any of the purposes set out in subsection (1). in fixing the salaries, allowances and other benefits of members of the prisons and correctional service, the prisons and correctional service commission must act with the approval of the president given on the recommendation of the minister responsible for finance and after consultation with the minister responsible for the prisons and correctional service. chapter 12. independent commissions supporting democracy part 1. general 232. independent commissions the following are the independent commissions-the zimbabwe electoral commission; the zimbabwe human rights commission; the zimbabwe gender commission; the zimbabwe media commission; and the national peace and reconciliation commission. 233. objectives of independent commissions the independent commissions have the following general objectives in addition to those given to them individually-to support and entrench human rights and democracy; to protect the sovereignty and interests of the people; to promote constitutionalism; to promote transparency and accountability in public institutions; to secure the observance of democratic values and principles by the state and all institutions and agencies of government, and government-controlled entities; and to ensure that injustices are remedied. 234. staff of independent commissions the independent commissions have power to employ staff and, subject to the law, to regulate their conditions of service. 235. independence of commissions the independent commissions-are independent and are not subject to the direction or control of anyone; must act in accordance with this constitution; and must exercise their functions without fear, favour or prejudice; although they are accountable to parliament for the efficient performance of their functions. the state and all institutions and agencies of government at every level, through legislative and other measures, must assist the independent commissions and must protect their independence, impartiality, integrity and effectiveness. no person may interfere with the functioning of the independent commissions. 236. members of independent commissions to be non-political members of the independent commissions must not, in the exercise of their functions-act in a partisan manner; further the interests of any political party or cause; prejudice the lawful interests of any political party or cause; or violate the fundamental rights or freedoms of any person. persons who are members of a political party or organisation on their appointment to an independent commission must relinquish that membership without delay and in any event within thirty days of their appointment. if a member of an independent commission-becomes a member of a political party or organisation; or having been a member of a political party or organisation on his or her appointment to the commission, fails to relinquish that membership within thirty days of the appointment; he or she ceases immediately to be a member of the commission concerned. 237. appointment and removal from office of members of independent commissions for the purpose of nominating persons for appointment to any independent commission, the committee on standing rules and orders must-advertise the position; invite the public to make nominations; conduct public interviews of prospective candidates; prepare a list of the appropriate number of nominees for appointment; and submit the list to the president. a member of an independent commission may be removed from office only on the ground that the member concerned-is unable to perform the functions of his or her office because of physical or mental incapacity; has been grossly incompetent; has been guilty of gross misconduct; or has become ineligible for appointment to the commission concerned. the procedure for the removal of judges from office applies to the removal from office of a member of an independent commission. part 2. zimbabwe electoral commission 238. establishment and composition of zimbabwe electoral commission there is a commission to be known as zimbabwe electoral commission consisting of-a chairperson appointed by the president after consultation with the judicial service commission and the committee on standing rules and orders; and eight other members appointed by the president from a list of not fewer than twelve nominees submitted by the committee on standing rules and orders. the chairperson of the zimbabwe electoral commission must be a judge or former judge or a person qualified for appointment as a judge. if the appointment of a chairperson to the zimbabwe electoral commission is not consistent with a recommendation of the judicial service commission, the president must cause the committee on standing rules and orders to be informed as soon as practicable. members of the zimbabwe electoral commission must be zimbabwean citizens and chosen for their integrity and experience and for their competence in the conduct of affairs in the public or private sector. members of the zimbabwe electoral commission are appointed for a six-year term and may be re-appointed for one such further term, but no person may be appointed to or serve on the commission after he or she has been a member for one or more periods, whether continuous or not, that amount to twelve years. 239. functions of zimbabwe electoral commission the zimbabwe electoral commission has the following functions-to prepare for, conduct and supervise-elections to the office of president and to parliament; elections to provincial and metropolitan councils and the governing bodies of local authorities; elections of members of the national council of chiefs established by section 285; and referendums; and to ensure that those elections and referendums are conducted efficiently, freely, fairly, transparently and in accordance with the law; to supervise elections of the president of the senate and the speaker and to ensure that those elections are conducted efficiently and in accordance with the law; to register voters; to compile voters' rolls and registers; to ensure the proper custody and maintenance of voters' rolls and registers; to delimit constituencies, wards and other electoral boundaries; to design, print and distribute ballot papers, approve the form of and procure ballot boxes, and establish and operate polling centres; to conduct and supervise voter education; to accredit observers of elections and referendums; to give instructions to persons in the employment of the state or of a local authority for the purpose of ensuring the efficient, free, fair, proper and transparent conduct of any election or referendum; and to receive and consider complaints from the public and to take such action in regard to the complaints as it considers appropriate. 240. disqualifications for appointment to zimbabwe electoral commission in addition to the persons mentioned in section 320(3), the following persons are ineligible for appointment to the zimbabwe electoral commission-public officers, other than judges; employees of provincial and metropolitan councils and local authorities; and members and employees of statutory bodies and government-controlled entities. 241. zimbabwe electoral commission to report on elections and referendums in addition to the report it is required to submit in terms of section 323, the zimbabwe electoral commission must without delay, and through the appropriate minister, submit a report to parliament on the conduct of every election and every referendum. part 3. zimbabwe human rights commission 242. establishment and composition of zimbabwe human rights commission there is a commission to be known as the zimbabwe human rights commission consisting of-a chairperson appointed by the president after consultation with the judicial service commission and the committee on standing rules and orders; and eight other members appointed by the president from a list of not fewer than twelve nominees submitted by the committee on standing rules and orders. the chairperson of the zimbabwe human rights commission must be a person who has been qualified for at least seven years to practise as a legal practitioner in zimbabwe. if the appointment of a chairperson to the zimbabwe human rights commission is not consistent with a recommendation of the judicial service commission, the president must cause the committee on standing rules and orders to be informed as soon as practicable. members of the zimbabwe human rights commission must be chosen for their integrity and their knowledge and understanding of, and experience in, the promotion of human rights. 243. functions of zimbabwe human rights commission the zimbabwe human rights commission has the following functions-to promote awareness of and respect for human rights and freedoms at all levels of society; to promote the protection, development and attainment of human rights and freedoms; to monitor, assess and ensure observance of human rights and freedoms; to receive and consider complaints from the public and to take such action in regard to the complaints as it considers appropriate; to protect the public against abuse of power and maladministration by state and public institutions and by officers of those institutions; to investigate the conduct of any authority or person, where it is alleged that any of the human rights and freedoms set out in the declaration of rights has been violated by that authority or person; to secure appropriate redress, including recommending the prosecution of offenders, where human rights or freedoms have been violated; to direct the commissioner-general of police to investigate cases of suspected criminal violations of human rights or freedoms and to report to the commission on the results of any such investigation; to recommend to parliament effective measures to promote human rights and freedoms; to conduct research into issues relating to human rights and freedoms and social justice; and to visit and inspect-prisons, places of detention, refugee camps and related facilities; and places where mentally disordered or intellectually handicapped persons are detained; in order to ascertain the conditions under which persons are kept there, and to make recommendations regarding those conditions to the minister responsible for administering the law relating to those places. the commissioner-general of police must comply with any directive given to him or her by the zimbabwe human rights commission under subsection (1)(h). 244. reports to and by zimbabwe human rights commission the zimbabwe human rights commission may require any person, institution or agency, whether belonging to or employed by the state or otherwise-to inform the commission of measures they have taken to give effect to the human rights and freedoms set out in the declaration of rights; and to provide the commission with information it needs to prepare any report required to be submitted to any regional or international body under any human rights convention, treaty or agreement to which zimbabwe is a party. in addition to the report it is required to submit in terms of section 323, the zimbabwe human rights commission may, through the appropriate minister, submit reports to parliament on particular matters relating to human rights and freedoms which, in the commission's opinion, should be brought to the attention of parliament. part 4. zimbabwe gender commission 245. establishment and composition of zimbabwe gender commission there is a commission to be known as the zimbabwe gender commission consisting of-a chairperson appointed by the president after consultation with the committee on standing rules and orders; and eight other members, of whom-seven are appointed by the president from a list of not fewer than twelve nominees submitted by the committee on standing rules and orders; and one is a nominee of the national council of chiefs, appointed by the president. members of the zimbabwe gender commission must be chosen for their integrity and their knowledge and understanding of gender issues in social, cultural, economic and political spheres, and the genders must be equally represented on the commission. 246. functions of zimbabwe gender commission the zimbabwe gender commission has the following functions-to monitor issues concerning gender equality to ensure gender equality as provided in this constitution; to investigate possible violations of rights relating to gender; to receive and consider complaints from the public and to take such action in regard to the complaints as it considers appropriate; to conduct research into issues relating to gender and social justice, and to recommend changes to laws and practices which lead to discrimination based on gender; to advise public and private institutions on steps to be taken to ensure gender equality; to recommend affirmative action programmes to achieve gender equality; to recommend prosecution for criminal violations of rights relating to gender; to secure appropriate redress where rights relating to gender have been violated; and to do everything necessary to promote gender equality. 247. reports by zimbabwe gender commission in addition to the report it is required to submit in terms of section 323, the zimbabwe gender commission may, through the appropriate minister, submit reports to parliament on particular matters relating to gender issues which, in the commission's opinion, should be brought to the attention of parliament. part 5. zimbabwe media commission 248. establishment and composition of zimbabwe media commission there is a commission to be known as the zimbabwe media commission consisting of-a chairperson appointed by the president after consultation with the committee on standing rules and orders; and eight other members appointed by the president from a list of not fewer than twelve nominees submitted by the committee on standing rules and orders. members of the zimbabwe media commission must be chosen for their integrity and their competence in administration and their knowledge and understanding of human rights issues and the best practices in media matters. 249. functions of zimbabwe media commission the zimbabwe media commission has the following functions-to uphold, promote and develop freedom of the media; to promote and enforce good practices and ethics in the media; to monitor broadcasting in the public interest and, in particular, to ensure fairness and diversity of views broadly representing zimbabwean society; to encourage the formulation of codes of conduct for persons employed in the media and, where no such code exists, to formulate and enforce one; to receive and consider complaints from the public and, where appropriate, to take action against journalists and other persons employed in the media or broadcasting who are found to have breached any law or any code of conduct applicable to them; to ensure that the people of zimbabwe have fair and wide access to information; to encourage the use and development of all the officially recognised languages of zimbabwe; to encourage the adoption of new technology in the media and in the dissemination of information; to promote fair competition and diversity in the media; and to conduct research into issues relating to freedom of the press and of expression, and in that regard to promote reforms in the law. an act of parliament may confer power on the zimbabwe media commission to-conduct investigations and inquiries into any conduct or circumstance that appears to threaten the freedom of the media; and the conduct of the media; and take or recommend disciplinary action against media practitioners who are found to have breached any law or any code of conduct applicable to them. an act of parliament may provide for the regulation of the media. 250. reports of zimbabwe media commission in addition to the report it is required to submit in terms of section 323, the zimbabwe media commission may, through the appropriate minister, submit reports to parliament on particular matters relating to the media which, in the commission's opinion, should be brought to the attention of parliament. part 6. national peace and reconciliation commission 251. establishment and composition of national peace and reconciliation commission for a period of ten years after the effective date, there is a commission to be known as the national peace and reconciliation commission consisting of-a chairperson appointed by the president after consultation with the judicial service commission and the committee on standing rules and orders; and eight other members appointed by the president from a list of not fewer than twelve nominees submitted by the committee on standing rules and orders. the chairperson of the national peace and reconciliation commission must be a person who has been qualified for at least seven years to practise as a legal practitioner in zimbabwe. if the appointment of a chairperson to the national peace and reconciliation commission is not consistent with a recommendation of the judicial service commission, the president must cause the committee on standing rules and orders to be informed as soon as practicable. members of the national peace and reconciliation commission must be chosen for their integrity and their knowledge and understanding of, and experience in, mediation, conciliation, conflict prevention and management, post-conflict reconciliation or peace-building. 252. functions of national peace and reconciliation commission the national peace and reconciliation commission has the following functions-to ensure post-conflict justice, healing and reconciliation; to develop and implement programmes to promote national healing, unity and cohesion in zimbabwe and the peaceful resolution of disputes; to bring about national reconciliation by encouraging people to tell the truth about the past and facilitating the making of amends and the provision of justice; to develop procedures and institutions at a national level to facilitate dialogue among political parties, communities, organisations and other groups, in order to prevent conflicts and disputes arising in the future; to develop programmes to ensure that persons subjected to persecution, torture and other forms of abuse receive rehabilitative treatment and support; to receive and consider complaints from the public and to take such action in regard to the complaints as it considers appropriate; to develop mechanisms for early detection of areas of potential conflicts and disputes, and to take appropriate preventive measures; to do anything incidental to the prevention of conflict and the promotion of peace; to conciliate and mediate disputes among communities, organisations, groups and individuals; and to recommend legislation to ensure that assistance, including documentation, is rendered to persons affected by conflicts, pandemics or other circumstances. 253. reports of national peace and reconciliation commission in addition to the report it is required to submit in terms of section 323, the national peace and reconciliation commission may, through the appropriate minister, submit reports to parliament on particular matters relating to national peace and reconciliation which, in the commission's opinion, should be brought to the attention of parliament. chapter 13. institutions to combat corruption and crime part 1. zimbabwe anti-corruption commission 254. establishment and composition of zimbabwe anti-corruption commission there is a commission to be known as the zimbabwe anti-corruption commission consisting of-a chairperson appointed by the president after consultation with the committee on standing rules and orders; and eight other members appointed by the president from a list of not fewer than twelve nominees submitted by the committee on standing rules and orders. members of the zimbabwe anti-corruption commission must be chosen for their integrity and their knowledge of and experience in administration or the prosecution or investigation of crime or for their general suitability for appointment, and-at least one must be qualified to practise as a legal practitioner in zimbabwe, and have been so qualified for at least seven years; at least one must be qualified to practise as a public accountant or public auditor in zimbabwe, and have been so qualified for at least seven years; and at least one must be a person with at least ten years' experience in the investigation of crime. 255. functions of zimbabwe anti-corruption commission the zimbabwe anti-corruption commission has the following functions-to investigate and expose cases of corruption in the public and private sectors; to combat corruption, theft, misappropriation, abuse of power and other improper conduct in the public and private sectors; to promote honesty, financial discipline and transparency in the public and private sectors; to receive and consider complaints from the public and to take such action in regard to the complaints as it considers appropriate; to direct the commissioner-general of police to investigate cases of suspected corruption and to report to the commission on the results of any such investigation; to refer matters to the national prosecuting authority for prosecution; to require assistance from members of the police service and other investigative agencies of the state; and to make recommendations to the government and other persons on measures to enhance integrity and accountability and prevent improper conduct in the public and private sectors. the commissioner-general of police must comply with any directive given to him or her by the zimbabwe anti-corruption commission under subsection (1)(e). the government must ensure, through legislative and other means, that the zimbabwe anti-corruption commission has power to recommend the arrest and secure the prosecution of persons reasonably suspected of corruption, abuse of power and other improper conduct which falls within the commission's jurisdiction. 256. application of certain provisions of chapter 12 to zimbabwe anti-corruption commission sections 234, 235, 236 and 237 apply to the zimbabwe anti-corruption commission and its members as if it were an independent commission established by chapter 12. 257. reports by zimbabwe anti-corruption commission in addition to the report it is required to submit in terms of section 323, the zimbabwe anti-corruption commission may, through the appropriate minister, submit reports to parliament on particular matters relating to improper conduct in the public and private sectors which, in the commission's opinion, should be brought to the attention of parliament. part 2. national prosecuting authority 258. establishment and functions of national prosecuting authority there is a national prosecuting authority which is responsible for instituting and undertaking criminal prosecutions on behalf of the state and discharging any functions that are necessary or incidental to such prosecutions. 259. prosecutor-general and other officers there is a prosecutor-general who is the head of the national prosecuting authority. the office of the prosecutor-general is a public office but does not form part of the civil service. the prosecutor-general is appointed by the president on the advice of the judicial service commission following the procedure for the appointment of a judge. the prosecutor-general must be a person qualified for appointment as a judge of the supreme court. the term of office of the prosecutor-general is a period of six years and is renewable for one further such term. before taking office, the prosecutor-general must take, before the president or a person authorised by the president, the oath of office in the form set out in the third schedule. the provisions relating to the removal of a judge from office apply to the removal of the prosecutor-general from office. the conditions of service of the prosecutor-general, including his or her remuneration, must be provided for in an act of parliament, but the remuneration must not be reduced during the prosecutor-general's tenure of office. the remuneration of the prosecutor-general is a charge on the consolidated revenue fund. an act of parliament must provide for the appointment of a board to employ persons to assist the prosecutor-general in the exercise of his or her functions, and must also provide-for the qualifications of those persons; for the conditions of service, conduct and discipline of those persons; that in exercising their functions, those persons must be independent and impartial and subject only to the law and to the direction and control of the prosecutor-general; for the structure and organisation of the national prosecuting authority; and generally, for the efficient performance and well-being of the national prosecuting authority. the prosecutor-general may direct the commissioner-general of police to investigate and report to him on anything which, in the prosecutor-general's opinion, relates to an offence or alleged or suspected offence, and the commissioner-general of police must comply with that direction. 260. independence of prosecutor-general subject to this constitution, the prosecutor-general-is independent and is not subject to the direction or control of anyone; and must exercise his or her functions impartially and without fear, favour, prejudice or bias. the prosecutor-general must formulate and publicly disclose the general principles by which he or she decides whether and how to institute and conduct criminal proceedings. 261. conduct of officers of national prosecuting authority the prosecutor-general and officers of the national prosecuting authority must act in accordance with this constitution and the law. no officer of the national prosecuting authority may, in the exercise of his or her functions-act in a partisan manner; further the interests of any political party or cause; prejudice the lawful interests of any political party or cause; or violate the fundamental rights or freedoms of any person. officers of the national prosecuting authority must not be active members or office-bearers of any political party or organisation. an act of parliament may make further provision to ensure the political neutrality of officers of the national prosecuting authority. 262. prosecutor-general to report annually to parliament the prosecutor-general must submit to parliament, through the appropriate minister, an annual report on the operations and activities of the national prosecuting authority, the report being submitted not later than six months after the beginning of the year following the year to which the report relates. 263. other powers of prosecution an act of parliament may confer powers of prosecution on persons other than the national prosecuting authority, but those powers must not limit or conflict with the authority's powers under this part. chapter 14. provincial and local government preamble whereas it is desirable to ensure: the preservation of national unity in zimbabwe and the prevention of all forms of disunity and secessionism; the democratic participation in government by all citizens and communities of zimbabwe; and the equitable allocation of national resources and the participation of local communities in the determination of development priorities within their areas; there must be devolution of power and responsibilities to lower tiers of government in zimbabwe. part 1. preliminary 264. devolution of governmental powers and responsibilities whenever appropriate, governmental powers and responsibilities must be devolved to provincial and metropolitan councils and local authorities which are competent to carry out those responsibilities efficiently and effectively. the objectives of the devolution of governmental powers and responsibilities to provincial and metropolitan councils and local authorities are-to give powers of local governance to the people and enhance their participation in the exercise of the powers of the state and in making decisions affecting them; to promote democratic, effective, transparent, accountable and coherent government in zimbabwe as a whole; to preserve and foster the peace, national unity and indivisibility of zimbabwe; to recognise the right of communities to manage their own affairs and to further their development; to ensure the equitable sharing of local and national resources; and to transfer responsibilities and resources from the national government in order to establish a sound financial base for each provincial and metropolitan council and local authority. 265. general principles of provincial and local government provincial and metropolitan councils and local authorities must, within their spheres-ensure good governance by being effective, transparent, accountable and institutionally coherent; assume only those functions conferred on them by this constitution or an act of parliament; exercise their functions in a manner that does not encroach on the geographical, functional or institutional integrity of another tier of government; co-operate with one another, in particular by-informing one another of, and consulting one another on, matters of common interest; harmonising and co-ordinating their activities; preserve the peace, national unity and indivisibility of zimbabwe; secure the public welfare; and ensure the fair and equitable representation of people within their areas of jurisdiction. all members of local authorities must be elected by registered voters within the areas for which the local authorities are established. an act of parliament must provide appropriate mechanisms and procedures to facilitate co-ordination between central government, provincial and metropolitan councils and local authorities. 266. conduct of employees of provincial and local governments employees of provincial and metropolitan councils and local authorities must act in accordance with this constitution and the law. no employee of a provincial or metropolitan council or a local authority may, in the exercise of their functions-act in a partisan manner; further the interests of any political party or cause; prejudice the lawful interests of any political party or cause; or violate the fundamental rights or freedoms of any person. employees of provincial and metropolitan councils and local authorities must not be office-bearers of any political party. an act of parliament must make provision to ensure the political neutrality of employees of provincial and metropolitan councils and local authorities. part 2. provinces and provincial and metropolitan councils 267. provinces and districts of zimbabwe the provinces into which zimbabwe is divided are-bulawayo metropolitan province; harare metropolitan province; manicaland province; mashonaland central province; mashonaland east province; mashonaland west province; masvingo province; matabeleland north province; matabeleland south province; and midlands province; whose boundaries are fixed under an act of parliament. an act of parliament-must provide for the division of provinces into districts; and may provide for the alteration of provincial and district boundaries; after consultation with the zimbabwe electoral commission and the people in the provinces and districts concerned. 268. provincial councils there is a provincial council for each province, except the metropolitan provinces, consisting of-a chairperson of the council, elected in terms of section 272; the senators elected from the province concerned; the two senator chiefs elected from the province concerned in terms of section 120(1)(b); the president and deputy president of the national council of chiefs, where their areas fall within the province concerned; all the members of the national assembly whose constituencies fall within the province concerned; the women members of the national assembly who are elected in terms of section 124(1)(b) from the province concerned; the mayors and chairpersons, by whatever title they are called, of all urban and rural local authorities in the province concerned; and ten persons elected by a system of proportional representation referred to in subsection (3); a person is qualified to be elected to a provincial council in terms of subsection (1)(f) if he or she is qualified for election as a member of the national assembly. elections to provincial councils must be conducted in accordance with the electoral law, which must ensure that the councillors referred to in subsection (1)(f) are elected under a party-list system of proportional representation-which is based on the votes cast for candidates representing political parties in the province concerned in the general election for members of the national assembly; and in which male and female candidates are listed alternately, every list being headed by a female candidate. the seat of a member of a provincial council referred to in-paragraph (b), (c), (e) or (g) of subsection (1) becomes vacant if the member vacates his or her seat in parliament; paragraph (d) of subsection (1) becomes vacant if the member ceases to be a mayor or chairperson of a local authority in the province concerned; paragraph (f) of subsection (1) becomes vacant in the circumstances set out in section 129, as if the member were a member of parliament. 269. metropolitan councils for each of the metropolitan provinces there is a metropolitan council consisting of-in the case of bulawayo, the mayor of the city of bulawayo, who is the chairperson of the bulawayo metropolitan council; in the case of harare-the mayor of the city of harare, who is the chairperson of the harare metropolitan council; and the mayor or chairperson of the second-largest urban local authority within the province, who is the deputy chairperson of the harare metropolitan council; all the members of the national assembly whose constituencies fall within the metropolitan province concerned; the women members of the national assembly who are elected in terms of section 124(1)(b) from the metropolitan province concerned; the senators elected from the metropolitan province concerned; and the mayors and deputy mayors and the chairpersons and deputy chairpersons, by whatever title they are called, of all local authorities in the metropolitan province concerned. the seat of a member of a council referred to in-paragraph (a) or (b) of subsection (1) becomes vacant if the member ceases to be mayor, deputy mayor or chairperson, as the case may be; paragraph (c), (d) or (e) of subsection (1) becomes vacant if the member vacates his or her seat in parliament; paragraph (f) of subsection (1) becomes vacant if the member ceases to be a mayor, deputy mayor, chairperson or deputy chairperson, as the case may be, of a local authority in the metropolitan province concerned. 270. functions of provincial and metropolitan councils a provincial or metropolitan council is responsible for the social and economic development of its province, including-planning and implementing social and economic development activities in its province; co-ordinating and implementing governmental programmes in its province; planning and implementing measures for the conservation, improvement and management of natural resources in its province; promoting tourism in its province, and developing facilities for that purpose; monitoring and evaluating the use of resources in its province; and exercising any other functions, including legislative functions, that may be conferred or imposed on it by or under an act of parliament. an act of parliament must provide for the establishment, structure and staff of provincial and metropolitan councils, and the manner in which they exercise their functions. members of a provincial or metropolitan council are accountable, collectively and individually, to residents of their province and the national government for the exercise of their functions. 271. committees of provincial and metropolitan councils for the better exercise of their functions, provincial and metropolitan councils may establish committees but each such committee must be presided over by a member referred to in section 268(1)(f) or 269(1)(f), as the case may be. 272. chairpersons of provincial and metropolitan councils at its first sitting after every general election, a provincial council must elect a chairperson from a list of at least two qualified persons submitted by-the political party which gained the highest number of national assembly seats in the province concerned; or if there is no political party such as is referred to in paragraph (a), the political party which received the highest number of votes cast in the province in that general election for members of the national assembly. a person is qualified for election as the chairperson of a provincial council if he or she is qualified for election as a member of the senate. the office of chairperson of a provincial council is a public office but does not form part of the civil service. before commencing his or her duties, the chairperson of a provincial council must take before the clerk of the provincial council the oaths of loyalty and office in the forms set out in the third schedule. the chairperson of a provincial council may resign by announcing his or her resignation in person to the provincial council. the chairperson of a provincial council must vacate his or her office-on the day on which the provincial council first meets after a general election; if he or she becomes disqualified to be a member of the provincial council; if a resolution for his or her removal from office is passed by at least two-thirds of the total membership of the provincial council; or if he or she is removed from office by a tribunal referred to in subsection (7). an act of parliament must provide for the establishment of an independent tribunal to exercise the function of removing chairpersons of provincial councils from office, but any such removal must only be on the grounds of-inability to perform the functions of their office due to mental or physical incapacity; gross incompetence; gross misconduct; conviction of an offence involving dishonesty, corruption or abuse of office; or wilful violation of the law, including a local authority by-law. a chairperson of a provincial council does not vacate his or her office except in accordance with this subsection. an act of parliament must provide for the election of mayors for the metropolitan provinces. 273. general provisions relating to provincial and metropolitan councils an act of parliament must make provision, consistent with this chapter, for the establishment and functions of provincial and metropolitan councils and, in particular, for-the procedures of provincial and metropolitan councils; the functions of chairpersons of provincial and metropolitan councils; the conditions of service of members of provincial and metropolitan councils; and the appointment, conditions of service and removal of employees of provincial and metropolitan councils. the electoral law must make provision, consistent with this chapter, for the filling of vacancies in the seats of the members of provincial councils referred to in section 268(1)(f) and in the offices of chairpersons of provincial councils, which vacancies must be filled-by persons belonging to the same political parties as those who previously held the seats or offices; and except in the case of chairpersons, by a person of the same gender as the persons who previously held the seats. part 3. local government 274. urban local authorities there are urban local authorities to represent and manage the affairs of people in urban areas throughout zimbabwe. urban local authorities are managed by councils composed of councillors elected by registered voters in the urban areas concerned and presided over by elected mayors or chairpersons, by whatever name called. different classes of local authorities may be established for different urban areas, and two or more different urban areas may be placed under the management of a single local authority. the qualifications and procedure for the election of persons referred to in subsection (2) must be set out in the electoral law. an act of parliament may confer executive powers on the mayor or chairperson of an urban local authority, but any mayor or chairperson on whom such powers are conferred must be elected directly by registered voters in the area for which the local authority has been established. 275. local authorities for rural areas there are rural local authorities, established in accordance with this section, to represent and manage the affairs of people in rural areas. an act of parliament must provide for-the establishment of rural local authorities; the election, by registered voters in the rural areas concerned, of councils to manage the affairs of the local authorities referred to in paragraph (a); the election of chairpersons, by whatever title they may be called, to preside over the councils referred to in paragraph (b); and the qualifications of members of the councils referred to in paragraph (b). different classes of local authorities may be established for different rural areas, and two or more different areas may be placed under the management of a single local authority. 276. functions of local authorities subject to this constitution and any act of parliament, a local authority has the right to govern, on its own initiative, the local affairs of the people within the area for which it has been established, and has all the powers necessary for it to do so. an act of parliament may confer functions on local authorities, including-a power to make by-laws, regulations or rules for the effective administration of the areas for which they have been established; a power to levy rates and taxes and generally to raise sufficient revenue for them to carry out their objects and responsibilities. 277. elections to local authorities elections of councillors of local authorities must be held-in the case of a general election of mayors and councillors, concurrently with a general election of members of parliament and president; in the case of an election, other than a general election, to fill one or more casual vacancies, as soon as practicable after the vacancies have occurred. elections of mayors and chairpersons of local authorities, other than mayors or chairpersons on whom executive powers have been conferred under section 274(5), must be held at the first sitting of the councils concerned following a general election. except as otherwise provided in subsection (2) or an act of parliament, mayors, chairpersons and councillors of local authorities assume office on the ninth day after the announcement of the results of the general election in which the councillors were elected. 278. tenure of seats of members of local authorities the seat of a mayor, chairperson or councillor of a local authority becomes vacant in the circumstances set out in section 129, as if he or she were a member of parliament, any reference to the speaker or president of the senate in section 129(1)(k) being construed as a reference to the minister responsible for local government. an act of parliament must provide for the establishment of an independent tribunal to exercise the function of removing from office mayors, chairpersons and councillors, but any such removal must only be on the grounds of-inability to perform the functions of their office due to mental or physical incapacity; gross incompetence; gross misconduct; conviction of an offence involving dishonesty, corruption or abuse of office; or wilful violation of the law, including a local authority by-law. a mayor, chairperson or councillor of a local authority does not vacate his or her seat except in accordance with this section. 279. procedure of local authorities an act of parliament must provide for the procedure to be followed by councils of local authorities. chapter 15. traditional leaders 280. traditional leadership the institution, status and role of traditional leaders under customary law are recognised. a traditional leader is responsible for performing the cultural, customary and traditional functions of a chief, headperson or village head, as the case may be, for his or her community. 281. principles to be observed by traditional leaders traditional leaders must-act in accordance with this constitution and the laws of zimbabwe; observe the customs pertaining to traditional leadership and exercise their functions for the purposes for which the institution of traditional leadership is recognised by this constitution; and treat all persons within their areas equally and fairly. traditional leaders must not-be members of any political party or in any way participate in partisan politics; act in a partisan manner; further the interests of any political party or cause; or violate the fundamental rights and freedoms of any person. 282. functions of traditional leaders traditional leaders have the following functions within their areas of jurisdiction-to promote and uphold cultural values of their communities and, in particular, to promote sound family values; to take measures to preserve the culture, traditions, history and heritage of their communities, including sacred shrines; to facilitate development; in accordance with an act of parliament, to administer communal land and to protect the environment; to resolve disputes amongst people in their communities in accordance with customary law; and to exercise any other functions conferred or imposed on them by an act of parliament. except as provided in an act of parliament, traditional leaders have authority, jurisdiction and control over the communal land or other areas for which they have been appointed, and over persons within those communal lands or areas. in the performance of their functions, traditional leaders are not subject to the direction or control of any person or authority, except as may be prescribed in an act of parliament. an act of parliament must provide for the regulation of the conduct of traditional leaders. 283. appointment and removal of traditional leaders an act of parliament must provide for the following, in accordance with the prevailing culture, customs, traditions and practices of the communities concerned-the appointment, suspension, succession and removal of traditional leaders; the creation and resuscitation of chieftainships; and the resolution of disputes concerning the appointment, suspension, succession and removal of traditional leaders; but-the appointment, removal and suspension of chiefs must be done by the president on the recommendation of the provincial assembly of chiefs through the national council of chiefs and the minister responsible for traditional leaders and in accordance with the traditional practices and traditions of the communities concerned; disputes concerning the appointment, suspension and removal of traditional leaders must be resolved by the president on the recommendation of the provincial assembly of chiefs through the minister responsible for traditional leaders; the act must provide measures to ensure that all these matters are dealt with fairly and without regard to political considerations; the act must provide measures to safeguard the integrity of traditional institutions and their independence from political interference. 284. remuneration and benefits of traditional leaders an act of parliament must provide for the remuneration and benefits of traditional leaders to be fixed with the approval of the president given on the recommendation of the minister responsible for finance and after consultation with the minister responsible for traditional leaders. the remuneration of a traditional leader must be charged upon and paid out of the consolidated revenue fund. the remuneration of a traditional leader must not be reduced while he or she holds or acts in the office concerned. 285. national council and provincial assemblies of chiefs there is a national council of chiefs constituted in accordance with an act of parliament, to represent all chiefs in zimbabwe. an act of parliament must establish for each province, other than the metropolitan provinces, a provincial assembly of chiefs consisting of the chiefs in that province. so far as practicable the chiefs in each province must be equitably represented in the national council of chiefs. elections of the president, deputy president and members of the national council of chiefs must be conducted by the zimbabwe electoral commission. each provincial assembly of chiefs must elect, in accordance with the electoral law, chiefs to represent the province in the senate in terms of section 120(1)(b). the president and deputy president of the national council of chiefs are elected for a term of five years and are eligible for re-election for one further such term, but a person who has served two terms as deputy president is eligible for election as president. an act of parliament must provide for-the election of chiefs to the national council of chiefs, and the qualifications and disqualifications of candidates for election; the oath of office to be taken by members of the national council of chiefs and provincial assemblies of chiefs; the tenure of office of members of the national council of chiefs; the remuneration, pension and other benefits of the president, deputy president and members of the national council of chiefs; the procedure to be followed at meetings of the national council of chiefs and provincial assemblies of chiefs; and the establishment of a secretariat for the national council of chiefs and provincial assemblies of chiefs. 286. functions of national council and provincial assemblies of chiefs the national council of chiefs and, within its province, a provincial assembly of chiefs have the following functions-to protect, promote and develop zimbabwe's culture and traditions; to represent the views of traditional leaders and to maintain the integrity and status of traditional institutions; to protect, promote and advance the interests of traditional leaders; to consider representations and complaints made to it by traditional leaders; to define and enforce correct and ethical conduct on the part of traditional leaders and to develop their capacity for leadership; to facilitate the settlement of disputes between and concerning traditional leaders; to perform any other functions that may be conferred or imposed on it by an act of parliament. an act of parliament must ensure that-the national council of chiefs and all provincial assemblies of chiefs are able to carry out their functions independently and efficiently; and persons employed by the national council of chiefs and provincial assemblies of chiefs carry out their duties conscientiously and impartially. 287. integrity and ethics committee an act of parliament must provide for the establishment, membership and procedures of an integrity and ethics committee of chiefs, to exercise the following functions-to develop and enforce integrity and ethical conduct on the part of traditional leaders; to resolve disputes between traditional leaders; to deal with complaints against traditional leaders. chapter 16. agricultural land 288. interpretation of chapter 16 in this chapter "agricultural land" has the meaning given to it by section 72. 289. principles guiding policy on agricultural land in order to redress the unjust and unfair pattern of land ownership that was brought about by colonialism, and to bring about land reform and the equitable access by all zimbabweans to the country's natural resources, policies regarding agricultural land must be guided by the following principles-land is a finite natural resource that forms part of zimbabweans' common heritage; subject to section 72, every zimbabwean citizen has a right to acquire, hold, occupy, use, transfer, hypothecate, lease or dispose of agricultural land regardless of his or her race or colour; the allocation and distribution of agricultural land must be fair and equitable, having regard to gender balance and diverse community interests; the land tenure system must promote increased productivity and investment by zimbabweans in agricultural land; the use of agricultural land should promote food security, good health and nutrition and generate employment, while protecting and conserving the environment for future generations; no person may be deprived arbitrarily of their right to use and occupy agricultural land. 290. continuation of rights of state in agricultural land all agricultural land which-was itemised in schedule 7 to the former constitution; or before the effective date, was identified in terms of section 16b(2)(a)(ii) or (iii) of the former constitution; continues to be vested in the state. any inconsistency between anything contained in-a notice itemised in schedule 7 to the former constitution; or a notice relating to agricultural land and published in terms of section 16b(2)(a)(ii) or (iii) of the former constitution; and the title deed to which it refers or is intended to refer, and any error whatsoever contained in such a notice, does not affect the operation of subsection (1) or invalidate the state's title to the agricultural land concerned in terms of that subsection. 291. continuation of rights of occupiers of agricultural land subject to this constitution, any person who, immediately before the effective date, was using or occupying, or was entitled to use or occupy, any agricultural land by virtue of a lease or other agreement with the state continues to be entitled to use or occupy that land on or after the effective date, in accordance with that lease or other agreement. 292. security of tenure for occupiers of agricultural land the state must take appropriate measures, including legislative measures, to give security of tenure to every person lawfully owning or occupying agricultural land. 293. alienation of agricultural land by state the state may alienate for value any agricultural land vested in it, whether through the transfer of ownership to any other person or through the grant of a lease or other right of occupation or use, but any such alienation must be in accordance with the principles specified in section 289. the state may not alienate more than one piece of agricultural land to the same person and his or her dependants. an act of parliament must prescribe procedures for the alienation and allocation of agricultural land by the state, and any such law must be consistent with the principles specified in section 289. 294. alienation of agricultural land by owners or occupiers subject to any limitation imposed by law, an owner or occupier of agricultural land has the right to transfer, hypothecate, lease or dispose of his or her right in agricultural land. 295. compensation for acquisition of previously-acquired agricultural land any indigenous zimbabwean whose agricultural land was acquired by the state before the effective date is entitled to compensation from the state for the land and any improvements that were on the land when it was acquired. any person whose agricultural land was acquired by the state before the effective date and whose property rights at that time were guaranteed or protected by an agreement concluded by the government of zimbabwe with the government of another country, is entitled to compensation from the state for the land and any improvements in accordance with that agreement. any person, other than a person referred to in subsection (1) or (2), whose agricultural land was acquired by the state before the effective date is entitled to compensation from the state only for improvements that were on the land when it was acquired. compensation payable under subsections (1), (2) and (3) must be assessed and paid in terms of an act of parliament. 296. establishment and composition of zimbabwe land commission there is a commission to be known as zimbabwe land commission consisting of-a chairperson and deputy chairperson; and a minimum of two and a maximum of seven other members; appointed by the president. members of the zimbabwe land commission must-be chosen for their integrity and competence in, and knowledge and understanding of, the best practices in land management and administration; and reflect the diversity of zimbabwe's population, in particular its regional interests and gender balance. section 237 applies in relation to the removal from office of members of the zimbabwe land commission as if it were an independent commission established by chapter 12. 297. functions of zimbabwe land commission the zimbabwe land commission has the following functions-to ensure accountability, fairness and transparency in the administration of agricultural land that is vested in the state; to conduct periodical audits of agricultural land; to make recommendations to the government regarding the acquisition of private land for public purposes; equitable access to and holding and occupation of agricultural land, in particular-the elimination of all forms of unfair discrimination, particularly gender discrimination; the enforcement of any law restricting the amount of agricultural land that may be held by any person or household; land usage and the size of agricultural land holdings; the simplification of the acquisition and transfer of rights in land; systems of land tenure; and fair compensation payable under any law for agricultural land and improvements that have been compulsorily acquired; allocations and alienations of agricultural land; to investigate and determine complaints and disputes regarding the supervision, administration and allocation of agricultural land. the zimbabwe land commission, with the approval of the minister responsible for land, may make regulations for any of the purposes set out in subsection (1). the zimbabwe land commission must exercise its functions in accordance with any general written policy directives which the minister responsible for land may give it. in discharging its functions, the zimbabwe land commission must be guided by the principles set out in section 289. the state and all institutions and agencies of government at every level, through legislative and other measures, must assist the zimbabwe land commission in carrying out its functions and must protect its independence, impartiality, integrity and effectiveness. the government must make adequate and suitable provision, through legislation and other appropriate means, to ensure that-the zimbabwe land commission is able to exercise its functions efficiently and independently; and persons employed by the zimbabwe land commission carry out their duties conscientiously, fairly and impartially. chapter 17. finance part 1. financial management 298. principles of public financial management the following principles must guide all aspects of public finance in zimbabwe-there must be transparency and accountability in financial matters; the public finance system must be directed towards national development, and in particular-the burden of taxation must be shared fairly; revenue raised nationally must be shared equitably between the central government and provincial and local tiers of government; and expenditure must be directed towards the development of zimbabwe, and special provision must be made for marginalised groups and areas; the burdens and benefits of the use of resources must be shared equitably between present and future generations; public funds must be expended transparently, prudently, economically and effectively; financial management must be responsible, and fiscal reporting must be clear; and public borrowing and all transactions involving the national debt must be carried out transparently and in the best interests of zimbabwe. no taxes may be levied except under the specific authority of this constitution or an act of parliament. 299. parliamentary oversight of state revenues and expenditure parliament must monitor and oversee expenditure by the state and all commissions and institutions and agencies of government at every level, including statutory bodies, government-controlled entities, provincial and metropolitan councils and local authorities, in order to ensure that-all revenue is accounted for; all expenditure has been properly incurred; and any limits and conditions on appropriations have been observed. an act of parliament must provide mechanisms for parliament to monitor and oversee expenditure referred to in subsection (1). 300. limits of state borrowings, public debt and state guarantees an act of parliament must set limits on-borrowings by the state; the public debt; and debts and obligations whose payment or repayment is guaranteed by the state; and those limits must not be exceeded without the authority of the national assembly. an act of parliament must prescribe terms and conditions under which the government may guarantee loans. within sixty days after the government has concluded a loan agreement or guarantee, the minister responsible for finance must cause its terms to be published in the gazette. the minister responsible for finance must-at least twice a year, report to parliament on the performance of-loans raised by the state; and loans guaranteed by the state; at the same time as the estimates of revenue and expenditure are laid before the national assembly in terms of section 305, table in parliament a comprehensive statement of the public debt of zimbabwe. 301. allocation of revenues between provincial and local tiers of government an act of parliament must provide for-the equitable allocation of capital grants between provincial and metropolitan councils and local authorities; and any other allocations to provinces and local authorities, and any conditions on which those allocations may be made. the act referred to in subsection (1) must take into account, amongst other factors-the national interest; any provision that must be made in respect of the national debt and other national obligations; the needs and interests of the central government, determined by objective criteria; the need to provide basic services, including educational and health facilities, water, roads, social amenities and electricity to marginalised areas; the fiscal capacity and efficiency of provincial and metropolitan councils and local authorities; developmental and other needs of provincial and metropolitan councils and local authorities; and economic disparities within and between provinces. not less than five per cent of the national revenues raised in any financial year must be allocated to the provinces and local authorities as their share in that year. part 2. consolidated revenue fund 302. consolidated revenue fund there is a consolidated revenue fund into which must be paid all fees, taxes and borrowings and all other revenues of the government, whatever their source, unless an act of parliament-requires or permits them to be paid into some other fund established for a specific purpose; or permits the authority that received them to retain them, or part of them, in order to meet the authority's expenses. 303. withdrawals from consolidated revenue fund no money may be withdrawn from the consolidated revenue fund except to meet expenditure authorised by this constitution or by an act of parliament. money withdrawn from the consolidated revenue fund must be paid only to the person to whom the payment is due. an act of parliament must prescribe the way in which-withdrawals are to be made from the consolidated revenue fund and any other public fund; and money in the consolidated revenue fund and any other fund is to be held and invested. 304. charges upon consolidated revenue fund all debt charges for which the state is liable must be charged upon the consolidated revenue fund. the costs and expenses incurred in collecting and managing the consolidated revenue fund form the first charge on the fund. for the purposes of subsection (1) "debt charges" includes interest, sinking fund charges, the repayment or amortisation of debt and all expenditure related to the raising of loans on the security of the consolidated revenue fund and the service and redemption of debt created by those loans. part 3. authorisation of expenditure from consolidated revenue fund 305. appropriations from consolidated revenue fund every year the minister responsible for finance must present to the national assembly a statement of the estimated revenues and expenditures of the government in the next financial year. the estimates of revenue and expenditure must be presented to the national assembly in terms of subsection (1) on a day on which the assembly sits before or not later than thirty days after the start of each financial year, but if parliament is dissolved and it is impossible to lay estimates before the assembly by that time, then they must be laid before the assembly within thirty days after the assembly first meets following the dissolution. separate estimates of revenue and expenditure must be given for each of the following-each commission established by this constitution; the office of the auditor-general; the national prosecuting authority; the council of chiefs; and any other institution prescribed in an act of parliament. when the national assembly has approved the estimates of expenditure for a financial year, other than expenditure that is specifically charged on the consolidated revenue fund by this constitution or an act of parliament, the minister responsible for finance must cause a bill to be known as an appropriation bill to be introduced into the national assembly, and that bill must-provide for money to be issued from the consolidated revenue fund to meet the approved expenditure; and appropriate the money to the purposes specified in the estimates, under separate votes for the different heads of expenditure that have been approved. if the money appropriated to a purpose under an appropriation act is insufficient or if expenditure is needed for a purpose for which no money has been appropriated, the minister responsible for finance must cause an additional or supplementary estimate to be presented to the national assembly, and if the national assembly approves the estimate the minister must cause an additional or supplementary appropriation bill to be introduced into the assembly providing for the necessary money to be issued from the consolidated revenue fund. 306. authorisation of expenditure in advance of appropriation an act of parliament may allow the president to authorise the withdrawal of money from the consolidated revenue fund to meet expenditure which was unforeseen or whose extent was unforeseen and for which no provision has been made under any other law, but-the act must not allow the withdrawal of money in excess of one and one-half per cent of the total amount appropriated in the last main appropriation act; any money withdrawn under the act must be included in additional or supplementary estimates of expenditure laid without delay before the national assembly and, if the assembly approves the estimates, the money must be charged upon the consolidated revenue fund by an additional or supplementary appropriation act. if the appropriation act for a financial year has not come into operation by the beginning of that financial year, an act of parliament may allow the president to authorise the withdrawal of money from the consolidated revenue fund to meet expenditure necessary to carry on the services of the government for the first four months of the financial year, but-the act must not allow the withdrawal of money in excess of one-third of the amounts included in the estimates of expenditure for the previous financial year; any money withdrawn under the act must be included in an appropriation act for the financial year concerned, under separate votes for the different heads of expenditure. if parliament is dissolved before adequate financial provision has been made for carrying on the services of the government, an act of parliament may allow the president to authorise the withdrawal of money from the consolidated revenue fund to meet expenditure needed to carry on those services until three months after the national assembly first meets after the dissolution, but any money withdrawn under the act must be included in an appropriation act under separate votes for the different heads of expenditure. 307. unauthorised expenditure if it is found that more money has been expended on a purpose than was appropriated to it in terms of this part, or that money has been expended on a purpose for which no money was appropriated under this part, the minister responsible for finance must introduce a bill into the national assembly seeking condonation of the unauthorised expenditure. the bill referred to in subsection (1) must be introduced into the national assembly without delay and in any event no later than sixty days after the extent of the unauthorised expenditure has been established. part 4. safeguarding of public funds and property 308. duties of custodians of public funds and property in this section-"public funds" includes any money owned or held by the state or any institution or agency of the government, including provincial and local tiers of government, statutory bodies and government-controlled entities; "public property" means any property owned or held by the state or any institution or agency of the government, including provincial and local tiers of government, statutory bodies and government-controlled entities. it is the duty of every person who is responsible for the expenditure of public funds to safeguard the funds and ensure that they are spent only on legally authorised purposes and in legally authorised amounts. it is the duty of every person who has custody or control of public property to safeguard the property and ensure that it is not lost, destroyed, damaged, misapplied or misused. an act of parliament must provide for the speedy detection of breaches of subsections (2) and (3) and the disciplining and punishment of persons responsible for any such breaches and, where appropriate, the recovery of misappropriated funds or property. part 5. auditor-general 309. auditor-general and his or her functions there must be an auditor-general, whose office is a public office but does not form part of the civil service. the functions of the auditor-general are-to audit the accounts, financial systems and financial management of all departments, institutions and agencies of government, all provincial and metropolitan councils and all local authorities; at the request of the government, to carry out special audits of the accounts of any statutory body or government-controlled entity; to order the taking of measures to rectify any defects in the management and safeguarding of public funds and public property; and to exercise any other functions that may be conferred or imposed on him or her by or under an act of parliament. public officers must comply with orders given to them by the auditor-general in terms of subsection (2)(c). 310. appointment of auditor-general the auditor-general is appointed by the president with the approval of parliament. the auditor-general must be a zimbabwean citizen chosen for his or her integrity, and must have been qualified to practise as an auditor for at least ten years. the term of office of the auditor-general is a period of not more than six years and a person must not be appointed as auditor-general after he or she has served for one or more periods, whether continuous or not, amounting to twelve years. before entering office, the auditor-general must take, before the president or a person authorised by the president, the oaths of loyalty and office in the forms set out in the third schedule. 311. independence of auditor-general in the exercise of his or her functions the auditor-general is independent and subject only to the law. 312. remuneration of auditor-general an act of parliament must provide for the remuneration and benefits of the auditor-general to be fixed with the approval of the president on the recommendation of the minister responsible for finance. the remuneration of the auditor-general must be charged upon and paid out of the consolidated revenue fund and must not be reduced during his or her tenure of office. 313. removal of auditor-general from office the auditor-general may be removed from office only for-inability to perform the functions of his or her office because of mental or physical incapacity; gross incompetence; or gross misconduct. if the minister responsible for finance, with the concurrence of the parliamentary committee responsible for public accounts, informs the president that the question of removing the auditor-general from office ought to be investigated, the president must appoint a tribunal to inquire into the matter. a tribunal appointed under subsection (2) must consist of at least three members appointed by the president, of whom-at least one must be a person who has served as a judge; and at least one must be chosen from a panel of at least three persons who have been nominated by the institute or association established by law to represent public auditors in zimbabwe. the institute or association referred to in subsection (3)(b) must nominate the panel referred to in that subsection when called upon to do so by the president. a tribunal appointed under subsection (2) must inquire into the question of removing the auditor-general from office and, having done so, must report its findings to the president and recommend whether or not the auditor-general should be removed, and if the tribunal so recommends the president must, by order under the public seal, remove the auditor-general from office. a tribunal appointed under subsection (2) has the same rights and powers as commissioners under the commissions of inquiry act [chapter 10:07], or any law that replaces that act. 314. staff of auditor-general an act of parliament must provide for the appointment of a board to employ persons to assist the auditor-general in the exercise of his or her functions, and must also provide for-the qualifications of those persons; the conditions of service, conduct and discipline of those persons; the independence, impartiality and integrity of those persons; and the organisation, efficiency and well-being of the auditor-general's office. part 6. general 315. procurement and other governmental contracts an act of parliament must prescribe procedures for the procurement of goods and services by the state and all institutions and agencies of government at every level, so that procurement is effected in a manner that is transparent, fair, honest, cost-effective and competitive. an act of parliament must provide for the negotiation and performance of the following state contracts-joint-venture contracts; contracts for the construction and operation of infrastructure and facilities; and concessions of mineral and other rights; to ensure transparency, honesty, cost-effectiveness and competitiveness. 316. management of statutory bodies an act of parliament must provide for the competent and effective operation of statutory bodies and, in particular, must ensure that their chief executive officers serve for limited periods whose renewal is dependent on the efficient performance of their duties. 317. reserve bank of zimbabwe there is a central bank, to be known as the reserve bank of zimbabwe, whose objects are-to regulate the monetary system; to protect the currency of zimbabwe in the interest of balanced and sustainable economic growth; and to formulate and implement monetary policy. an act of parliament may provide for the structure and organisation of the reserve bank of zimbabwe and confer or impose additional functions on it. chapter 18. general and supplementary provisions part 1. general provisions as to commissions 318. application of part 1 this part applies to the commissions established by this constitution, and to the members of every such commission. 319. commissions to be bodies corporate the commissions are bodies corporate with perpetual succession and are capable of suing and being sued in their own names. 320. membership of commissions and conditions of service of members except as otherwise provided in this constitution, every member of a commission is appointed for a term of five years which is renewable for one additional term only. members of commissions, other than-the independent commissions; the judicial service commission; the zimbabwe anti-corruption commission; and the zimbabwe land commission; hold office at the pleasure of the president. subject to this constitution, members of parliament and members of provincial or metropolitan councils, local authorities and government-controlled entities are not eligible to be appointed as members of a commission. where a commission has a chairperson and a deputy chairperson, they must be of different genders. before entering office, members of commissions must take before the president, or a person authorised by the president, the oaths of loyalty and office in the forms set out in the third schedule. members of commissions are entitled to such remuneration, allowances and other benefits as may be fixed by or under an act of parliament, and their remuneration must not be reduced during the members' tenure of office. the remuneration and allowances of members of commissions are a charge on the consolidated revenue fund. 321. functions and procedure of commissions an act of parliament may confer additional functions on a commission and may regulate the manner in which a commission exercises its functions, provided that the commission's independence or effectiveness is not compromised. an act of parliament referred to in subsection (1) may permit a commission to delegate its functions, but a commission must not delegate its power to make appointments to, or to make recommendations or give advice on, any office established by this constitution. subject to this constitution, any decision of a commission requires the concurrence of a majority of the commission's members who are present when the decision is taken. an act of parliament may provide for the procedures to be adopted by a commission, and in any respect that is not so provided for the commission may determine its own procedures, but any such procedures must be fair and promote transparency in the performance of the commission's functions. 322. funding of commissions parliament must ensure that sufficient funds are appropriated to the commissions to enable them to exercise their functions effectively. 323. commissions to report annually to parliament every commission must submit to parliament, through the responsible minister, an annual report describing fully its operations and activities, the report being submitted not later than the end of march in the year following the year to which the report relates. an act of parliament may require a commission to submit further reports in addition to the annual report specified in subsection (1), and may prescribe the way in which such reports are to be submitted. part 2. general 324. diligent performance of constitutional obligations all constitutional obligations must be performed diligently and without delay. 325. funding of constitutional bodies and other institutions the government must ensure that adequate funds are provided-to the commissions and other institutions established by this constitution, to enable them to perform their functions effectively; to parliament, to enable it and its committees to meet whenever necessary; and to all other institutions of the state and government, to enable them to perform their obligations under this constitution. the commissions and other institutions established by this constitution must be given a reasonable opportunity to make representations to a parliamentary committee as to the funds to be allocated to them in each financial year. 326. customary international law customary international law is part of the law of zimbabwe, unless it is inconsistent with this constitution or an act of parliament. when interpreting legislation, every court and tribunal must adopt any reasonable interpretation of the legislation that is consistent with customary international law applicable in zimbabwe, in preference to an alternative interpretation inconsistent with that law. 327. international conventions, treaties and agreements in this section-"international organisation" means an organisation whose membership consists of two or more independent states or in which two or more independent states are represented; "international treaty" means a convention, treaty, protocol or agreement between one or more foreign states or governments or international organisations. an international treaty which has been concluded or executed by the president or under the president's authority-does not bind zimbabwe until it has been approved by parliament; and does not form part of the law of zimbabwe unless it has been incorporated into the law through an act of parliament. an agreement which is not an international treaty but which-has been concluded or executed by the president or under the president's authority with one or more foreign organisations or entities; and imposes fiscal obligations on zimbabwe; does not bind zimbabwe until it has been approved by parliament. an act of parliament may provide that subsections (2) and (3)-do not apply to any particular international treaty or agreement or to any class of such treaties or agreements; or apply with modifications in relation to any particular international treaty or agreement or to any class of such treaties or agreements. parliament may by resolution declare that any particular international treaty or class of international treaties does not require approval under subsection (2), but such a resolution does not apply to treaties whose application or operation requires-the withdrawal or appropriation of funds from the consolidated revenue fund; or any modification of the law of zimbabwe. when interpreting legislation, every court and tribunal must adopt any reasonable interpretation of the legislation that is consistent with any international convention, treaty or agreement which is binding on zimbabwe, in preference to an alternative interpretation inconsistent with that convention, treaty or agreement. 328. amendment of constitution in this section-"constitutional bill" means a bill that seeks to amend this constitution; "term-limit provision" means a provision of this constitution which limits the length of time that a person may hold or occupy a public office. an act of parliament that amends this constitution must do so in express terms. a constitutional bill may not be presented in the senate or the national assembly in terms of section 131 unless the speaker has given at least ninety days' notice in the gazette of the precise terms of the bill. immediately after the speaker has given notice of a constitutional bill in terms of subsection (3), parliament must invite members of the public to express their views on the proposed bill in public meetings and through written submissions, and must convene meetings and provide facilities to enable the public to do so. a constitutional bill must be passed, at its last reading in the national assembly and the senate, by the affirmative votes of two-thirds of the membership of each house. where a constitutional bill seeks to amend any provision of chapter 4 or chapter 16-within three months after it has been passed by the national assembly and the senate in accordance with subsection (5), it must be submitted to a national referendum; and if it is approved by a majority of the voters voting at the referendum, the speaker of the national assembly must cause it to be submitted without delay to the president, who must assent to and sign it forthwith. notwithstanding any other provision of this section, an amendment to a term-limit provision, the effect of which is to extend the length of time that a person may hold or occupy any public office, does not apply in relation to any person who held or occupied that office, or an equivalent office, at any time before the amendment. subsections (6) and (7) must not both be amended in the same constitutional bill nor may amendments to both those subsections be put to the people in the same referendum. this section may be amended only by following the procedures set out in subsections (3),(4), (5) and (6), as if this section were contained in chapter 4. when a constitutional bill is presented to the president for assent and signature, it must be accompanied by-a certificate from the speaker that at its final vote in the national assembly the bill received the affirmative votes of at least two-thirds of the membership of the assembly; and a certificate from the president of the senate that at its final vote in the senate the bill received the affirmative votes of at least two-thirds of the membership of the senate. 329. commencement of constitution, transitional provisions and savings the sixth schedule applies to the commencement of this constitution, the repeal of the former constitution and the transition to the new constitutional order established by this constitution. part 3. interpretation 330. application of part 3 this part applies to the interpretation of this constitution unless the context otherwise requires. 331. general principles of interpretation of the constitution section 46 applies, with any necessary changes, to the interpretation of this constitution apart from chapter 4. 332. definitions in this constitution-"act of parliament" means-"administrative conduct" includes any decision, act or omission of a public officer or of a person performing a function of a public nature, and a failure or refusal of such a person to reach such a decision or to perform such an act; "amend" includes vary, alter, modify, add to, delete or adapt; "by-election" means an election to fill a casual vacancy in parliament or in a local authority; "chief" means a chief referred to in chapter 15; "civil service" has the meaning given to it by section 199; "commission" means a commission established by this constitution; "committee on standing rules and orders" means the committee of that name established under section 151; "communal land" means land set aside under an act of parliament and held in accordance with customary law by members of a community under the leadership of a chief; "constitutional bill" means a bill which, if enacted, would have the effect of amending any of the provisions of this constitution; "constitutional court" means the constitutional court established by section 162(a); "constitutional matter" means a matter in which there is an issue involving the interpretation, protection or enforcement of this constitution; "customary law" means the customary law of any section or community of zimbabwe's people; "disciplinary law" means a written law that regulates the discipline of members of a disciplined force, including part-time members, while they are rendering service in the force or in respect of their failure to render service in the force; "disciplined force" means-a naval, military or air force; a police service; a prisons or correctional service; or any other body established for public purposes by or under an act of parliament and declared by that act to be a disciplined force; "effective date" means the date on which this constitution comes wholly into operation in terms of paragraph 3(2) of the sixth schedule; "electoral law" means the act of parliament that regulates elections in terms of this constitution; "financial year" means the twelve-month period ending on the 31st december; "function" includes power and duty; "gazette" means the official gazette of the government and includes any supplement to that gazette; "general election" means a general election-of the president, vice-presidents and members of parliament; of members of the governing bodies of local authorities; "government" means the government of zimbabwe; "government-controlled entity" means a body corporate whose operations or activities are substantially controlled by the state or by a person on behalf of the state, whether through ownership of a majority of shares in the body corporate or otherwise; "house", unless otherwise qualified, means the senate or the national assembly; "independent commission" means a commission referred to in section 232; "judge" means a judge of the constitutional court, the supreme court, the high court, the labour court or the administrative court; "judicial service commission" means the commission of that name established by section 189; "law" means-any provision of this constitution or of an act of parliament; any provision of a statutory instrument; or any unwritten law in force in zimbabwe, including customary law; and "lawful", "lawfully", "legal" and "legally" are to be construed accordingly; "legal practitioner" means a person who is permitted to practise the profession of law in zimbabwe; "local authority" means a council referred to in part 3 of chapter 14; "member", in relation to-a commission or other body established by this constitution, includes the chairperson and deputy chairperson; a statutory body, provincial or metropolitan council or local authority, means a person who is appointed or elected to a council, board or other authority which. is a statutory body, provincial or metropolitan council or local authority; or is responsible for administering the affairs of the statutory body, provincial or metropolitan council or local authority; "member of parliament" means a senator or a member of the national assembly; "metropolitan council" means a council established by section 269 for a metropolitan province; "metropolitan province" means bulawayo metropolitan province or harare metropolitan province, as the case may be; "minister" includes a person exercising the functions of a minister, whatever their title; "national legislation" means an act of parliament or a statutory instrument made under an act of parliament; "oath" includes affirmation; "offence" means a criminal offence; "period of public emergency" means a period when a declaration of a state of public emergency under section 113 is in effect; "person" means an individual or a body of persons, whether incorporated or unincorporated; "president" means the president of zimbabwe; "president of the senate" means the president of the senate elected in terms of section 122; "provincial council" means a council established by section 268 for a province other than a metropolitan province; "public office" means a paid office in the service of the state; "public officer" means a person holding or acting in a public office; "security service" means a security service referred to in section 207; "senator chief" means a chief elected to the senate in terms of section 120(1)(b) or (c); "sitting" means a period during which the senate or the national assembly is sitting continuously, including any period during which the senate or the national assembly, as the case may be, is in committee; "sitting day" means any weekday which is prescribed in the standing orders of the national assembly or the senate, as the case may be, to be a sitting day, whether or not the house concerned meets on that day; "speaker" means the speaker of the national assembly elected in terms of section 126; "standing orders", in relation to anything to be done by-the senate, means standing orders of the senate; the national assembly, means standing orders of the national assembly; the senate and the national assembly jointly, means joint standing orders; made in terms of section 139; "statutory body" means-a commission established by this constitution; or a body corporate established directly by or under an act of parliament for special purposes specified in that act, whose membership consists wholly or mainly of persons appointed by the president, a vice-president, a minister, a deputy minister, another statutory body or by a commission established by this constitution; "statutory instrument" means any instrument that has the force of law and that is made by the president, a vice-president, a minister or any other person or authority under this constitution or an act of parliament; "tax" includes a duty, rate, levy or due; "traditional leader" means a person appointed as such in terms of section 283; "zimbabwe" means the republic of zimbabwe; "zimbabwe electoral commission" means the commission of that name established by section 238; "zimbabwe human rights commission" means the commission of that name established by section 242. 333. references to chapters, sections, etc any reference in this constitution, without qualification, to-a chapter, section or schedule, is to be construed as a reference to a chapter or section of or schedule to this constitution; a subsection, is to be construed as a reference to a subsection of the section in which the reference is made; a paragraph, is to be construed as a reference to a paragraph of the schedule, section, subsection or definition in which the reference is made; a subparagraph, is to be construed as a reference to a subparagraph of the paragraph or subparagraph in which the reference is made. 334. words in singular to include plural, and vice versa in this constitution, words in the singular include the plural and words in the plural include the singular. 335. tables and headings tables of contents and headings to chapters, parts, sections and other provisions of this constitution do not form part of the constitution and are inserted for ease of reference only. 336. references to time in this constitution, whenever a period of days is expressed-to begin on or to be reckoned from a particular day, that day is not to be included in the period; to end on or to be reckoned to a particular day, that day is to be included in the period. subject to this constitution, whenever the time for doing anything in terms of this constitution ends or falls on a saturday, sunday or public holiday, the time extends to and the thing may be done on the next day that is not a saturday, sunday or public holiday. a reference in this constitution to a month is to be construed as a reference to a calendar month, and a period of months is to be reckoned from the date when the period begins to the corresponding day of the month when the period ends. a reference in this constitution without qualification to a year is to be construed as a reference to a period of twelve months. 337. references to holders of office whenever this constitution refers to the holder of an office by a term designating the office, the reference includes a reference to any person who is lawfully acting in or exercising the functions of that office. 338. references to parliament where this constitution requires a report or other document to be submitted to or laid before parliament, the report or document must be submitted to or laid before both the senate and the national assembly. 339. advice and consultation whenever this constitution requires any person or authority to act on the advice of anyone else, the person or authority must-inform the other person, in writing, what he or she proposes to do and provide the other person with enough information to enable the other person to understand the nature and effect of the proposed act; and afford the other person a reasonable opportunity to tender advice; and the person or authority is obliged to follow the advice tendered by the other person. whenever this constitution requires any person or authority to consult anyone else, or to act after consultation with anyone else, the person or authority must-inform the other person, in writing, what he or she proposes to do and provide the other person with enough information to enable the other person to understand the nature and effect of the proposed act; afford the other person a reasonable opportunity to make recommendations or representations about the proposal; and give careful consideration to any recommendations or representations that the other person may make about the proposal; but the person or authority is not obliged to follow any recommendations made by the other person. 340. appointments except as otherwise provided in this constitution, a power under this constitution to appoint a person to an office includes a similar power-to reappoint the person to that office; to appoint a person on promotion or transfer to that office; to appoint a person to act in that office; to appoint a person to that office while it is held by someone else who is on leave of absence pending relinquishment of the office; to fix and vary the person's conditions of service in that office, including the person's remuneration and period of appointment and any benefits on termination of service; and subject to this constitution, to suspend or remove the person from office. where two or more persons hold the same office as a result of a person being appointed to it while the incumbent is on leave of absence pending relinquishment of the office, the person last appointed must be regarded as the sole holder of the office. subject to this constitution, an act of parliament may provide for the appointment of one or more deputies to any person holding an office under this constitution and may provide for their functions and conditions of service. where a deputy is appointed to a person holding an office under this constitution, the deputy may exercise any of the functions of the office whenever the office-holder is for any reason unable to perform them. subject to any provision of this constitution that may limit the period or number of terms that anyone may serve in a particular office, a person who has vacated an office established by this constitution may, if qualified, be re-appointed or re-elected to the office. 341. resignations any person who is appointed or elected to an office established by this constitution may resign from that office by written notice addressed to the person that appointed or elected the office-holder concerned, but in the case of-the president, the notice must be addressed to the speaker; the president of the senate or his deputy, the notice must be addressed to the clerk of parliament or announced to the senate; the speaker or deputy speaker of the national assembly, the notice must be addressed to the clerk of parliament or announced to the national assembly; a senator, the notice must be addressed to the president of the senate; a member of the national assembly, the notice must be addressed to the speaker; a member of a provincial council, the notice must be addressed to the chairperson of the council; a member of a metropolitan council, the notice must be addressed to the mayor of the province; a member of a local authority, the notice must be addressed to the chief executive officer of the council. a person's resignation from an office established by this constitution takes effect on the date or at the time indicated in the notice of resignation or, if no date or time is indicated, when the notice is received by the person to whom it is addressed or by anyone else who is authorised by that person to receive it. 342. exercise of functions, etc a power, jurisdiction or right conferred by this constitution may be exercised, and a duty imposed by this constitution must be performed, whenever it is appropriate to do so. all institutions established by this constitution have all powers necessary for them to fulfil their objectives and exercise their functions. where a power, jurisdiction or right is conferred by this constitution, any other powers or rights that are reasonably necessary or incidental to its exercise are impliedly conferred as well. 343. when person not regarded as holding public office for the purposes of this constitution, persons are not to be regarded as holding public office solely on the ground that they receive a pension, half-pay, retirement pay or some other similar allowance in respect of previous service in a public office. 344. quorum and effect of vacancies in constitutional bodies a body established by or under this constitution may act even if there are one or more vacancies in its membership, provided that the members of the body who authorise or perform the act are a quorum. unless this constitution or a law regulating the proceedings of the body concerned makes some different provision, half the total membership of any body established by or under this constitution constitutes a quorum. any reference in this constitution to the votes of-half of the membership of a body whose membership is not a multiple of two; two-thirds of the membership of a body whose membership is not a multiple of three; or three-quarters of the membership of a body whose membership is not a multiple of four; is to be interpreted to mean that the number of votes must be not less than the whole number next above one-half, two-thirds or three-quarters, as the case may be, of the body's membership. any reference to the total membership of parliament is a reference to the total number of persons who for the time being are members of parliament. 345. inconsistencies between different texts of constitution in the event of an inconsistency between different texts of this constitution, the english text prevails. first schedule. national flag, national anthem, national coat of arms and public seal (section 4) part 1. national flag [depict the national flag] part 2. national anthem [set out the national anthem] part 3. national coat of arms [depict the national coat of arms] part 4. public seal [depict the public seal] second schedule. limitations on rights during public emergencies (section 87) 1. interpretation in first schedule in this schedule-"detainee" means a person who is detained under an emergency law that provides for preventive detention; "emergency law" means a written law that provides for action to be taken to deal with any situation arising during a period of public emergency; "fundamental human right or freedom" means a right or freedom set out in part 2 of chapter 4; "review tribunal" means the tribunal referred to in paragraph 3(1). 2. extent to which fundamental human rights or freedoms may be limited an emergency law may limit any of the fundamental human rights or freedoms, but only to the extent set out in section 87. if a state of public emergency is declared under section 113 in relation to only a part of zimbabwe, an emergency law may not limit fundamental human rights or freedoms under this schedule in any other part of zimbabwe. 3. detainees review tribunal an emergency law that permits preventive detention must provide for the establishment of a tribunal to review the cases of detainees. the review tribunal must be appointed by the president on the advice of the judicial service commission and after consultation with the committee on standing rules and orders. the review tribunal must consist of-a chairman, who is or has been a judge; and two other members, one of whom-is or has been a judge or is qualified to be appointed as such; has been a magistrate in zimbabwe for at least seven years; or has been qualified for at least seven years to practise as a legal practitioner in zimbabwe. 4. basic rights of detainees all detainees-must be informed as soon as reasonably practicable, and in any case within seven days, of the reasons for their detention; must be permitted without delay-at their own expense, to choose and consult in private with a legal practitioner; or if they wish, to consult in private with a legal practitioner assigned to them by the state at state expense; and must be informed as soon as reasonably practicable of their rights under this paragraph; and must be treated humanely and with respect for their inherent dignity as human beings. where this paragraph requires information to be given to a detainee-the information must be given in a language that the detainee understands; and if the detainee cannot read or write, any document embodying the information must be explained in such a way that he or she understands it. 5. review of detainees' cases every detainee's case must be submitted to the review tribunal within ten days after his or her initial detention and the tribunal must be informed of the name of the detainee, the place where he or she is detained and the reasons for the detention. every detainee's case must be resubmitted to the review tribunal at intervals of thirty days from the date on which the case was last reviewed, or at shorter intervals if the tribunal so orders. the review tribunal must proceed without delay to review all cases submitted to it. at all hearings by the review tribunal, the detainees whose cases are being reviewed must be allowed to present their cases in person or, if they wish-through legal practitioners assigned to them by the state at state expense; or at their own expense, through legal practitioners of their choice. the reference in subparagraph (1) to a ten-day period includes a reference to lesser periods of detention that amount to ten days, in the case of a detainee who is released within ten days after being initially detained and is then re-detained within ten days after that release. 6. recommendations of review tribunal after reviewing a detainee's case, the review tribunal must make written recommendations to the authority that ordered the detention as to whether or not the detainee should continue to be detained, and the authority must act in accordance with the tribunal's recommendation. 7. released detainees not to be re-detained on same grounds a detainee who has been released from detention as a result of a report of the review tribunal that there is insufficient cause for the detention must not be detained again on substantially the same grounds as those on which he or she was originally detained. for the purposes of this paragraph, a person is deemed to have been detained on the same grounds as those on which he or she was originally detained unless the review tribunal has reported that, in its opinion, there appear to be new and reasonable grounds for the detention. 8. preservation of detainees' access to courts this schedule is not to be construed as limiting a detainee's right to challenge in a court the lawfulness of his or her detention, whether or not his or her case is already before the review tribunal. third schedule. oaths and affirmations (sections 94, 104, 114, 122, 123, 126, 127, 128, 185, 259, 272, 310 and 320) notes a person who is required to take any of the following oaths may, if he or she wishes, make an affirmation instead, using the indicated wording. if a person taking any of the following oaths, or making any of the following affirmations, varies the wording of the oath or affirmation to a non-material extent, the variation does not affect the validity or binding nature of the oath or affirmation. oath or affirmation of loyalty i, .............................................. swear [or solemnly affirm] that i will be faithful and bear true allegiance to zimbabwe and observe the laws of zimbabwe. so help me god. [to be omitted in affirmation] this oath or affirmation is to be taken before the person specified in the appropriate legislation. oath or affirmation of office i, ............................................... swear [or solemnly affirm] that i will serve zimbabwe well and truly in the office of.......................................... so help me god. [to be omitted in affirmation] this oath or affirmation is to be taken before the person specified in the appropriate legislation. oath or affirmation of president and vice-presidents i, .................................................... swear [or solemnly affirm] that as president [or vicepresident] of zimbabwe i will be faithful to zimbabwe and will obey, uphold and defend the constitution and all other laws of zimbabwe, and-that i will promote whatever will advance, and oppose whatever may harm, zimbabwe; that i will protect and promote the rights of the people of zimbabwe; that i will discharge my duties with all my strength to the best of my knowledge and ability and true to the dictates of my conscience; and that i will devote myself to the well-being of zimbabwe and its people. so help me god. [to be omitted in affirmation] this oath or affirmation is to be taken before the chief justice or, in his or her absence, before the next most senior judge available. oath or affirmation of minister i, .................................................... swear [or solemnly affirm] that i will be faithful to zimbabwe and, in the office of minister, will uphold the constitution and all other laws of zimbabwe; that i will give my advice to the president of zimbabwe freely and to the best of my judgement whenever i am required to do so, for the good management of the public affairs of zimbabwe; that i will not disclose, directly or indirectly, any secret that is debated in cabinet or any secret that is entrusted to me in the course of my duties as minister; and that in all respects i will perform the duties of my office faithfully and to the best of my ability. so help me god. [to be omitted in affirmation] this oath or affirmation is to be taken before the president or, in his or her absence, before the chief justice or the next most senior judge available. oath or affirmation of deputy minister i, .................................................... swear [or solemnly affirm] that i will be faithful to zimbabwe and, in the office of deputy minister, will uphold the constitution and all other laws of zimbabwe; that i will give my advice to the president of zimbabwe freely and to the best of my judgement whenever i am required to do so, for the good management of the public affairs of zimbabwe; that i will not disclose, directly or indirectly, any secret that is entrusted to me in the course of my duties as deputy minister; and that in all respects i will perform the duties of my office faithfully and to the best of my ability. so help me god. [to be omitted in affirmation] this oath or affirmation is to be taken before the president or, in his or her absence, before the chief justice or the next most senior judge available. oath or affirmation of member of parliament i, .................................................... swear [or solemnly affirm] that i will be faithful to zimbabwe, that i will uphold the constitution and all other laws of zimbabwe, and that i will perform my duties as a senator/member of the national assembly [whichever is appropriate] faithfully and to the best of my ability. so help me god. [to be omitted in affirmation] this oath or affirmation is to be taken before the chief justice or in his or her absence, a judge of the constitutional court. judicial oath or affirmation i, ..................................................... swear [or solemnly affirm] that i will be faithful to zimbabwe and that in the office of ......................................... i will uphold and protect the constitution and will administer justice to all persons alike without fear, favour or prejudice in accordance with the constitution and the law. so help me god. [to be omitted in affirmation] where the person taking this oath or affirmation is a judge, it is to be taken before the chief justice or the next most senior judge available. in all other cases it is to be taken before the person specified in the appropriate legislation. oath or affirmation of member of provincial or metropolitan council i, .................................................... swear [or solemnly affirm] that i will be faithful to zimbabwe and, in the office of member of the provincial [or metropolitan] council of the province of ...................................................., [state name of province] will uphold the constitution and all other laws of zimbabwe; that i will give my advice to the chairperson [or mayor] of .................................................... [state name of province] freely and to the best of my judgement whenever i am required to do so, for the good management of the public affairs of the province; that i will not disclose, directly or indirectly, any secret that is debated in the provincial [or metropolitan] council or any secret that is entrusted to me in the course of my duties as member of that council; and that in all respects i will perform the duties of my office faithfully and to the best of my ability. so help me god. [to be omitted in affirmation] this oath or affirmation is to be taken before the person specified in the appropriate legislation. fourth schedule. qualifications of voters (sections 92, 121, 124, 125 and 158) 1. qualifications for registration as voter subject to subparagraph (2) and to paragraph 2, a person is qualified to be registered as a voter on the voters roll of a constituency if he or she-is of or over the age of eighteen years; and is a zimbabwean citizen. the electoral law may prescribe additional residential requirements to ensure that voters are registered on the most appropriate voters roll, but any such requirements must be consistent with this constitution, in particular with section 67. 2. disqualifications for registration as voter a person is disqualified to be registered as a voter-while he or she is detained as mentally disordered or intellectually handicapped under an act of parliament relating to mental health; if he or she has been declared by order of a court to be incapable of managing his or her affairs, for so long as the order remains in force; or if he or she has been convicted of an offence under the electoral law and declared by the high court to be disqualified for registration as a voter or from voting, for the period he has been declared disqualified, but the period must not exceed five years. fifth schedule. procedure as to bills and other matters in parliament (sections 130 and 131) part 1. introduction of bills, motions and petitions 1. interpretation in fifth schedule in this schedule "money bill" means a bill that makes provision for-imposing, increasing or reducing a tax for the benefit of the state; appropriating money from, or imposing, increasing or reducing any charge on, the consolidated revenue fund or any other fund vested in or controlled by the government; compounding or remitting a debt due to the state; condoning a failure to collect a tax due to the state; or condoning unauthorised expenditure by the government. 2. house of origin of bills any bill may originate in the national assembly. any bill, other than a money bill, may originate in the senate. 3. members who may move bills and motions subject to this constitution and standing orders-any senator may introduce any bill into the senate or move any motion for debate in the senate or present any petition to the senate; any member of the national assembly may introduce any bill into the assembly or move any motion for debate in the assembly or present any petition to the assembly; any vice-president, minister or deputy minister may introduce any bill into or move any motion for debate in or present any petition to either the senate or the national assembly. any member who has introduced a bill into a house of parliament may, after the bill has been passed by that house, introduce the bill into the other house. 4. parliament not to deal with money bills or fiscal motions or petitions except on recommendation of vice-president, minister or deputy minister except on the recommendation of a vice-president, minister or deputy minister, neither house of parliament may-proceed upon any bill, including an amendment to a bill, which, in the opinion of the president of the senate or the speaker, as the case may be, is a money bill; proceed upon any motion, including an amendment to a motion, whose effect, in the opinion of the president of the senate or the speaker, as the case may be, is that provision should be made for any of the following matters-imposing, increasing or reducing a tax for the benefit of the state; appropriating money from, or imposing or increasing any charge on, the consolidated revenue fund or any other fund vested in or controlled by the government; compounding or remitting a debt due to the state; condoning a failure to collect a tax due to the state; or condoning unauthorised expenditure by the government; or receive any petition which, in the opinion of the president of the senate or the speaker, as the case may be, requests that provision be made for anything that is specified in subparagraph (b). subparagraph (1) does not apply to a bill introduced, motion or amendment moved or petition presented by a vice-president, minister or deputy minister. part 2. procedure regarding bills 5. transmission of bills between houses a bill which originated in one house of parliament and has been passed by that house must be transmitted to the other house without delay, and the date of its transmission must be recorded in the journal of the house from which it is transmitted. a bill that has been transmitted to a house of parliament must be introduced into that house without delay, and the house may reject the bill or pass it with or without amendment. a bill which, having been transmitted to a house of parliament in accordance with this paragraph, is passed by that house with amendments must be returned to the house where it originated with the amendments duly certified by the clerk of parliament, and the house to which it is returned may reject, agree to or amend any of those amendments. if, after a bill has been returned to its originating house in terms of subparagraph (3), any amendment made to it by the other house is rejected or amended by the originating house, the other house may, by message to the originating house pursuant to a resolution, withdraw the amendment or agree to its being amended. 6. disagreement between houses subject to this paragraph, if-the senate and the national assembly have not agreed on amendments to be made to a bill which originated in the national assembly within ninety days after the bill was introduced into the senate; the senate and the national assembly have not agreed on amendments to be made to a bill which originated in the senate within ninety days after the bill was returned to the senate; or a bill which originated in the national assembly has been rejected or has not been passed by the senate within ninety days after the bill was introduced into the senate; the bill may be presented to the president for assent and signature in the form in which it was passed by the national assembly, except for minor changes required by the passage of time and any amendments on which the senate and the national assembly may have agreed. if, in the opinion of the speaker, a bill which-originated in the national assembly; and was introduced into the national assembly within ninety days after a previous bill originating in the senate was introduced into the senate; contains provisions identical to those contained in that previous bill, except for minor changes required by the passage of time, subparagraph (1) applies to the bill as though the ninety-day periods in subparagraphs (a) and (c) of that subparagraph were periods of eight sitting days. a bill referred to in subparagraph (1) or (2) cannot be presented to the president for assent and signature unless, after the ninety-day period or eight-day period specified in the subparagraph concerned, the national assembly has resolved that the bill should be presented to the president for assent. a bill that is presented to the president for assent and signature in accordance with this paragraph must be accompanied by a certificate from the speaker stating that the bill is one to which this paragraph applies and that the requirements of this paragraph have been satisfied. a bill presented to the president in accordance with this paragraph is deemed to have been duly passed by parliament in the form in which it is presented to the president. for the purposes of this paragraph-a bill originating in the national assembly is deemed to have been introduced into the senate on the sitting day immediately after the date of its transmission to the senate, as recorded in the journal of the national assembly in terms of paragraph 5(1); a bill originating in the senate is deemed to have been returned to the senate on the sitting day immediately after the date on which it is returned for the first time to the senate in accordance with paragraph 5(3). this paragraph does not apply to constitutional bills or money bills. 7. money bills the senate does not have power to amend a money bill but may recommend that the national assembly make amendments to it. the clerk of parliament must certify every amendment which the senate has recommended should be made to a money bill and must transmit the certified amendment to the national assembly. the national assembly must consider any amendments transmitted to it under this paragraph and may incorporate them into the money bill concerned. if the senate does not pass a money bill within eight sitting days counted from the day the bill was introduced into the senate, the national assembly may resolve that the bill should be presented to the president, and the bill may then be presented to the president in the form in which it was passed by the national assembly. a money bill that has been presented to the president pursuant to a resolution under subparagraph (4)-is regarded as having been passed by parliament in the form in which it was passed by the national assembly; and when it is presented to the president for assent and signature, must be accompanied by a certificate from the speaker stating that the bill was passed in terms of this paragraph. part 3. reports of parliamentary legal committee 8. reports of parliamentary legal committee on bills subject to this paragraph, neither house may give a bill its final reading unless a report of the parliamentary legal committee on the bill has been presented to the house. subparagraph (1) does not apply to-a constitutional bill; or any bill on which the parliamentary legal committee has already reported unless the bill has been amended since that report. if the parliamentary legal committee has not reported on a bill within the period specified in standing orders, or within any extension of that period granted in accordance with standing orders, the committee must be presumed to be of the opinion that no provision of the bill, if enacted, would contravene this constitution, and the house concerned may proceed with the bill as if the committee had reported accordingly. subject to subparagraphs (5) and (6), if the parliamentary legal committee reports that a provision of a bill, if enacted, would contravene this constitution, the house concerned must consider the report and, if the house resolves that the provision concerned would contravene this constitution, the house must not pass the bill containing that provision. when a house considers a report of the parliamentary legal committee referred to in subparagraph (4) regarding a bill that was introduced by a vice-president, minister or deputy minister, the person who introduced the bill must be given a reasonable opportunity to respond to the report. if a house resolves in accordance with subparagraph (4) that a provision of a bill, if enacted, would contravene this constitution, a vice-president or minister may apply to the constitutional court within fourteen days after the resolution was passed for a declaration that the provision, if enacted, would be in accordance with this constitution, and if the constitutional court makes such a declaration the house concerned may proceed to consider and pass the bill containing that provision. 9. reports of parliamentary legal committee on statutory instruments before the senate or the national assembly considers a report of the parliamentary legal committee that a provision of a statutory instrument contravenes this constitution or its enabling act, the committee may withdraw the report if the committee is satisfied that the provision has been repealed or amended in such a way as to remove the contravention. if, after considering a report of the parliamentary legal committee that a provision of a statutory instrument contravenes this constitution, the senate or the national assembly resolves that the provision does contravene this constitution, the clerk of parliament must report the resolution to the authority which enacted the instrument, and that authority must, within twenty-one days after being so notified, either-apply to the constitutional court for a declaration that the statutory instrument is in accordance with this constitution; or repeal the statutory instrument. where an authority responsible for enacting a statutory instrument applies to the constitutional court for a declaration in terms of subparagraph (2)(a), the statutory instrument is suspended pending the court's decision. if, after considering a report of the parliamentary legal committee that a provision of a statutory instrument is ultra vires the enabling act of parliament, the senate or the national assembly resolves that the provision is ultra vires-the provision thereupon ceases to have effect; and the clerk of parliament must publish a notice in the gazette without delay, giving public notice of the resolution and of its effect. sixth schedule. commencement of this constitution, transitional provisions and savings (sections 329 and 332) part 1. preliminary 1. interpretation in sixth schedule in this schedule, unless inconsistent with the context-"effective date" means the day on which this constitution comes wholly into operation in terms of paragraph 3(2); "existing enactment" means a written law that was in force in zimbabwe immediately before the effective date, whether as an act of parliament or a statutory instrument; "existing law" means an existing enactment or any other law, whatever its nature, that was in force in zimbabwe immediately before the effective date; "first elections" means-the first election for the office of president under this constitution; the first general election of members of parliament under this constitution; and the first elections of governing bodies of provincial and metropolitan councils and local authorities; held after the publication day; "former constitution" means the constitution of zimbabwe that came into operation on the 18th april, 1980, as subsequently amended; "publication day" means the day on which this constitution, or the statute by which it is enacted, is published in the gazette in accordance with section 51(5) of the former constitution. 2. effect of sixth schedule this schedule prevails, to the extent of any inconsistency, over all other provisions of this constitution. part 2. commencement of this constitution and repeal of former constitution 3. commencement of this constitution this schedule, together with-chapter 3, relating to citizenship; chapter 4, being the declaration of rights; chapter 5, relating to the election and assumption of office of the president; chapter 6, relating to the election of members of parliament and the summoning of parliament after a general election; chapter 7, relating to elections; chapter 9, relating to principles of public administration and leadership; section 208, relating to the conduct of members of the security services; chapter 12, in so far as it relates to the zimbabwe electoral commission; and chapter 14, relating to provincial and local government; come into operation on the publication day. except as otherwise provided in this schedule, the rest of this constitution comes into operation on the day on which the president elected in the first elections assumes office. between the publication day and the effective date, the provisions of this constitution specified in subparagraphs (a) to (i) of subparagraph (1) override the equivalent provisions of the former constitution. 4. repeal of former constitution subject to this schedule, the former constitution is repealed with effect from the effective date. part 3. first elections 5. saving of existing provincial and electoral boundaries the boundaries of provinces, constituencies and wards as they were immediately before the publication day apply for the purposes of the first elections. 6. registration of voters any person who was lawfully registered as a voter on a voters' roll immediately before the publication day is entitled to remain so registered for the purposes of the first elections. for the purposes of the first elections, the registrar-general of voters is responsible, under the supervision of the zimbabwe electoral commission, for registering voters and compiling voters' rolls. the registrar-general of voters, under the supervision of the zimbabwe electoral commission, must conduct a special and intensive voter registration and a voters' roll inspection exercise for at least thirty days after the publication day. 7. challenges to first presidential election any challenge to the validity of the first presidential election must be heard and determined in accordance with section 93 by the supreme court of zimbabwe constituted under the former constitution. 8. electoral law the first elections must be conducted in terms of an electoral law in conformity with this constitution. part 4. savings and transitional provisions 9. government succession the government constituted under this constitution is in all respects the successor to the former government of zimbabwe. 10. continuation of existing laws subject to this schedule, all existing laws continue in force but must be construed in conformity with this constitution. 11. interpretation of existing enactments unless inconsistent with the context, a reference in any existing enactment to-the president must be construed as a reference to the president acting in accordance with this constitution; parliament must be construed as a reference to-the senate, where the reference relates to a function that is to be exercised by the senate alone under this constitution; the national assembly, where the reference relates to any function other than one referred to in subparagraph (i) or the enactment of legislation; the house of assembly must be construed as a reference to the national assembly; the public service must be construed as a reference to the civil service; the public service commission must be construed as a reference to the civil service commission; the prison service must be construed as a reference to the prisons and correctional service; the prison service commission must be construed as a reference to the prisons and correctional service commission; the commissioner of prisons must be construed as a reference to the commissioner-general of the prisons and correctional service; the comptroller and auditor-general must be construed as a reference to the auditor-general; the attorney-general, in relation to criminal proceedings, must be construed as a reference to the prosecutor-general. where this constitution vests power in a particular person or authority to enact legislation on any matter, and that matter is provided for in an existing enactment made by some other person or authority, the existing enactment has effect as if it had been made by the person or authority with the power to make it under this constitution. 12. standing orders of parliament the standing orders that were in force immediately before the effective date continue in force as standing orders of the senate and the national assembly until they are replaced or amended in accordance with this constitution. 13. existing officers any person who, immediately before the effective date, held or acted in a public office under the former constitution continues to hold or act in that office, or the equivalent office under this constitution, on the same conditions of service until the expiry of his or her term of office under those conditions of service or until he or she resigns, retires or is removed from office in terms of this constitution or those conditions of service, as the case may be. 14. special provision for election and tenure of first president and appointment of vice-presidents notwithstanding section 92, in the first election and any presidential election within ten years after the first election, candidates for election as president do not nominate persons in terms of that section to stand for election as vice-presidents. without delay the person elected as president in any election referred to in subparagraph (1) must appoint not more than two vice-presidents, who hold office at his or her pleasure. where-one vice-president is appointed in terms of subparagraph (2), that person is the first vice-president for the purposes of this constitution; two vice-presidents are appointed in terms of subparagraph (2), the president may from time to time nominate one of them to act as president whenever he or she is absent from zimbabwe or is unable exercise his or her official functions through illness or any other cause. notwithstanding section 101 but subject to subparagraphs (5) and (6), if the person elected president in any election referred to in subparagraph (1) dies, resigns or is removed from office-the vice-president or, where there are two vice-presidents, the vice-president who was last nominated to act in terms of subparagraph (3)(b), acts as president until a new president assumes office in terms of subparagraph (5); and the vacancy in the office of president must be filled by a nominee of the political party which the president represented when he or she stood for election. a political party which is entitled to nominate a person in terms of subparagraph (4)(b) must notify the speaker of the nominee's name within ninety days after the vacancy occurred in the office of president, and thereupon the nominee assumes office as president after taking the oath of president in terms of section 94, which oath the nominee must take within forty-eight hours after the speaker was notified of his or her name. in the event of the death, resignation or removal from office of a person who is elected president in an election referred to in subparagraph (1) and who did not represent a political party when he or she stood for election, the vice-president or, if there are two vice-presidents, the vice-president who was last nominated to act in terms of subparagraph (3)(b), assumes office as president. 15. continuation of certain executive offices notwithstanding any provision of the former constitution, the following offices which existed on publication day in terms of schedule 8 to the former constitution, namely-president and vice-president; prime minister and deputy prime minister; and minister and deputy minister; continue in existence until the effective date when the first president assumes office under this constitution, and the persons who held those offices remain in them accordingly. 16. public protector the public protector act [chapter 10:18] is repealed. any matter that was being dealt with by the public protector immediately before the effective date must be transferred to the zimbabwe human rights commission for finalisation. 17. transfer of funds in old consolidated revenue fund the funds which, immediately before the effective date, stood to the credit of the consolidated revenue fund established by the former constitution become the consolidated revenue fund established by this constitution. 18. courts and legal proceedings in this paragraph "pending constitutional case" means-an appeal, application or reference in which an alleged contravention of the declaration of rights contained in the former constitution is in issue; or any case in which a constitutional matter, as defined in section 332 of this constitution, is in issue; and which, immediately before the effective date, is pending before the supreme court of zimbabwe constituted under the former constitution. notwithstanding section 166, for seven years after the effective date, the constitutional court consists of-the chief justice and the deputy chief justice; and seven other judges of the supreme court; who must sit together as a bench to hear any constitutional case. a vacancy on the constitutional court occurring in the first seven years after the effective date must be filled by another judge or an additional or acting judge, as the case may be, of the supreme court. provided that a vacancy in the office of deputy chief justice occurring during that period must be filled in accordance with section 180(2) and (3). until different provision is made by or under an act of parliament-rules may be made under the supreme court act [chapter 7:13] to regulate the procedure of the constitutional court; the rules of the supreme court apply, with any necessary changes, to the procedure of the constitutional court in relation to any matter that is not provided for in rules made in terms of subparagraph (a); but any such rules, in so far as they apply to the procedure of the constitutional court, must be consistent with section 85 and chapter 8. the supreme court of zimbabwe, the high court of zimbabwe, the labour court and the administrative court, as established immediately before the effective date, are constituted respectively as the supreme court, the high court, the labour court and the administrative court under this constitution, and any decision of those courts given before the effective date has effect accordingly. every person who, immediately before the effective date, presided over the labour court or the administrative court becomes a judge of the labour court or the administrative court, as the case may be, on the same conditions of service as apply on that date to judges of the high court, his or her length of service as a president of the labour court or the administrative court being deemed to be service as a judge of the high court. the magistrates courts, traditional courts and any other courts that were established by an act of parliament before the effective date continue in existence on and after that day as if they had been established by an act referred to in section 174, and the decisions of those courts given before the effective date have effect accordingly. any pending constitutional case-in which the argument from the parties has not been heard before the effective date must be transferred to the constitutional court constituted in terms of subparagraph (2); in which the argument from the parties has been heard by the effective date must be completed by the supreme court unless all the parties to the case agree to it being referred to the constitutional court constituted in terms of subparagraph (2), in which event the supreme court must refer the case to that court. all cases, other than pending constitutional cases, that were pending before any court before the effective date may be continued before that court or the equivalent court established by this constitution, as the case may be, as if this constitution had been in force when the cases were commenced, but-the procedure to be followed in those cases must be the procedure that was applicable to them immediately before the effective date; and the procedure referred to in subparagraph (a) applies to those cases even if it is contrary to any provision of chapter 4 of this constitution. for the purposes of subparagraph (9)-a criminal case is deemed to have commenced when the accused person pleaded to the charge; a civil case is deemed to have commenced when the summons was issued or the application was filed, as the case may be. 19. provisions relating to prosecutor-general any decision made or action taken before the effective date by or on behalf of the attorney-general in relation to criminal proceedings is deemed, on and after that day, to have been made or taken by or on behalf of the prosecutor-general. the person who held office as attorney-general immediately before the effective date continues in office as prosecutor-general on and after that day. 20. rights to pension benefits a vested or contingent right in regard to a pension benefit which existed immediately before the effective date and was protected by the former constitution continues to exist and enjoy the same protection under this constitution. preamble the independence of east timor, proclaimed by the frente revolucionária of independent east timor (fretilin) on november 28, 1975, is internationally recognized on may 20, 2002, following the liberation of the timorese people from the colonization and occupation of the maubere motherland by foreign powers. the elaboration and adoption of the constitution of the democratic republic of east timor is the culmination of the secular resistance of the timorese people intensified following the invasion of december 7, 1975. the struggle waged against the enemy, initially under the leadership of fretilin, gave way to more comprehensive forms of political participation, particularly in the wake of the establishment of the national council of the maubere resistance (cnrt) in 1987 and the national council of timorese resistance (cnrt) in 1998. the resistance was divided into three fronts. the armed front was carried out by the glorious forças armadas de libertação nacional de timor-leste (falintil) whose historical undertaking is to be praised. the action of the clandestine front, astutely unleashed in hostile territory, involved the sacrifice of thousands of lives of women and men, especially the youth, who fought with abnegation for freedom and independence. the diplomatic front, harmoniously carried out all over the world, enabled the opening of the way for definitive liberation. in its cultural and humane perspective, the catholic church in east timor has always been able to take on the suffering of all the people with dignity, placing itself on their side in the defense of their most elementary rights. ultimately, the present constitution represents a heart-felt tribute to all martyrs of the motherland. thus, the members of the constituent assembly, as the legitimate representatives of the people, were elected on august 30, 2001. based further on the results of the referendum of august 30, 1999, organized under the auspices of the united nations, which confirmed the self-determined will for independence; fully conscious of the need to build a democratic and institutional culture appropriate for a state based on the rule of law where respect for the constitution, for the laws and for democratically elected institutions constitute its unquestionable foundation; interpreting the profound sentiment, the aspirations and the faith in god of the people of east timor; solemnly reaffirm their determination to fight all forms of tyranny, oppression, social, cultural or religious domination and segregation, to defend national independence, to respect and guarantee human rights and the fundamental rights of the citizen, to ensure the principle of the separation of powers in the organization of the state, and to establish the essential rules of multi-party democracy, with a view to building a just and prosperous nation and developing a society of solidarity and fraternity. the constituent assembly, meeting in plenary session on march 22, 2002, approves and decrees the following constitution of the democratic republic of east timor. part i. fundamental principles article 1. the republic the democratic republic of east timor is a democratic, sovereign, independent and unitary state based on the rule of law, the will of the people and the respect for the dignity of the human person. november 28, 1975 is the day of the proclamation of independence of the democratic republic of east timor. article 2. sovereignty and constitutionality sovereignty resides in the people, who exercise it in accordance with the constitution. the state is subject to the constitution and to the laws. the validity of the laws and other actions of the state depend upon their compliance with the constitution. the state recognizes customary laws of east timor, subject to the constitution and to any legislation dealing specifically with customary law. article 3. citizenship there exists in the republic of east timor original citizenship and acquired citizenship. the following citizens shall be considered original citizens of east timor, as long as they are born in the national territory: children of a father or mother born in east timor; children of incognito parents, stateless parents or parents of unknown nationality; children of a foreign father or mother who, being over seventeen years old, declare their will to become east timorese nationals. they will be considered original citizens of east timor, even if they are born in a foreign territory, as children of a timorese father or mother. acquisition, loss and reacquisition of citizenship, as well as its registration and proof, shall be regulated by law. article 4. territory the territory of the democratic republic of east timor comprises the land surface, the maritime zone and the air demarcated by the national boundaries that historically comprise the eastern part of timor island, the enclave of oecussi ambeno, the island of ataúro and the islet of jaco. the law fixes and defines the extent and limits of territorial waters and the exclusive economic zone, and the rights of east timor to the contiguous zone and continental shelf. the state cannot alienate any part of the east timorese territory or the rights of sovereignty over the land, without prejudice to rectification of borders. article 5. decentralization the state respects, on matters of territorial organization, the principle of the decentralization of public administration. the law determines and establishes and the characteristics of the different territorial levels and the administrative competences of the respective organs. oecussi ambeno and ataúro enjoy special administrative and economic treatment. article 6. objectives of the state the fundamental objectives of the state are: to defend and guarantee the sovereignty of the country; to guarantee and promote fundamental rights and freedoms of the citizens and the respect for the principles of the democratic state based on the rule of law; to defend and guarantee political democracy and participation of the people in the resolution of national problems; to guarantee the development of the economy and the progress of science and technology; to promote the building of a society based on social justice, by establishing material and spiritual welfare of the citizens; to protect the environment and to preserve natural resources; to affirm and value the personality and the cultural heritage of the east timorese people; to promote the establishment and the development of relations of friendship and cooperation among all peoples and states; to promote the harmonious and integrated development of the sectors and regions and the fair distribution of the national product; to promote an effective equality of opportunities between women and men. article 7. universal suffrage and multi-party system the people exercise the political power through universal, free, equal, direct, secret and periodic suffrage and through other forms established in the constitution. the state shall value the contribution of the political parties for the organized expression of the popular will and for the democratic participation of the citizen in the governance of the country. article 8. international relations on matters of international relations, the democratic republic of east timor governs itself according to the principles of national independence, the right of the peoples to self-determination and independence, the protection of human rights, the mutual respect for sovereignty, territorial integrity and equality among states and the non-interference in domestic affairs of other states. the democratic republic of east timor shall establish relations of friendship and cooperation with all other peoples, aiming at the peaceful settlement of conflicts, the general, simultaneous and controlled disarmament, the establishment of a system of collective security and the establishment of a new international economic order capable of ensuring peace and justice in the relations among peoples. the democratic republic of east timor shall maintain privileged ties with the countries whose official language is portuguese. the democratic republic of east timor shall maintain special ties of friendship and co-operation with the neighboring countries and the countries of the region. article 9. reception of international law the legal system of east timor shall adopt the general or common principles of international law. norms provided for in international conventions, treaties and agreements shall apply in the internal legal system of east timor following their approval, ratification or accession by the respective competent organs and after publication in the official gazette. all norms that are contrary to the provisions of international conventions, treaties and agreements applied in the internal legal system of east timor are invalid. article 10. solidarity the democratic republic of east timor shall extend its solidarity to the struggle of the peoples for national liberation. the democratic republic of east timor shall grant political asylum, in accordance with the law, to foreigners persecuted as a result of their struggle for national and social liberation, defense of human rights, democracy and peace. article 11. valorization of resistance the democratic republic of east timor acknowledges and values the secular resistance of the maubere people against foreign domination and the contribution of all those who fought for national independence. the state acknowledges and values the participation of the church in the process of the national liberation of east timor. the state shall ensure special protection to war-disabled, orphans and other dependents of those who dedicated their lives to the struggle for independence and national sovereignty, and shall protect all those who participated in the resistance against the foreign occupation, in accordance with the law. the law shall define the mechanisms for rendering homage to the national heroes. article 12. the state and religious denominations the state recognizes and respects the different religious denominations, that are free in their organization and in the exercise of their own activities, with due observance of the constitution and the law. the state promotes the cooperation with the different religious denominations that contribute to the well-being of the people of east timor. article 13. official languages and national languages tetum and portuguese shall be the official languages in the democratic republic of east timor. tetum and the other national languages shall be valued and developed by the state. article 14. national symbols the national symbols of the democratic republic of east timor shall be the flag, the emblem and the national anthem. the emblem and the national anthem shall be approved by law. article 15. national flag the national flag is rectangular and is formed by two isosceles triangles, the bases of which are overlapping. one triangle is black and its height is equal to one-third of the length overlapped to the yellow triangle, whose height is equal to half the length of the flag. in the center of the black triangle there is a white star of five ends, meaning the light that guides. the white star has one of its ends turned towards the upper right end of the flag. the remaining part of the flag is purple-red. the colors mean: golden-yellow—the wealth of the country; black—the obscurantism that needs to be overcome; purple-red—the struggle for national liberation; white—peace. part ii. rights, duties, liberties and fundamental guarantees title i. general principles article 16. universality and equality all citizens are equal before the law, shall exercise the same rights and shall be subject to the same duties. no one may be discriminated against on grounds of color, race, marital status, gender, ethnic origin, social or economic status, political or ideological convictions, religion, education or physical or mental condition. article 17. equality between women and men women and men have the same rights and duties in all areas of political, economic, social, cultural and family life. article 18. child protection children are entitled to special protection by the family, the community and the state, particularly against all forms of abandonment, discrimination, violence, oppression, sexual abuse and exploitation. children shall enjoy all rights that are universally recognized, as well as all those that are enshrined in international conventions normally ratified or approved by the state. every child born in or outside wedlock shall enjoy the same rights and social protection. article 19. youth the state shall promote and encourage youth initiatives towards the consolidation of national unity, reconstruction, defense and development of the country. the state shall promote education, health and vocational training for the youth as may be practicable. article 20. old age all old age citizens have the right to special protection by the state. the old age policy entails measures of economic, social and cultural nature designed to provide the elderly with opportunities for personal achievement through active and signifying participation in the community. article 21. disabled citizen a disabled citizen shall enjoy the same rights and shall be subject to the same duties as all other citizens, except for the rights and duties which they are unable to exercise or fulfill due to their disability. the state shall promote the protection of disabled citizens as may be practicable and in accordance with the law. article 22. east timorese citizens overseas east timorese citizens who are or live overseas enjoy protection by the state for the exercise of their rights and are subject to duties not incompatible with their absence from the country. article 23. interpretation of fundamental rights fundamental rights enshrined in the constitution shall not exclude any other rights provided for by the law and shall be interpreted in accordance with the universal declaration of human rights. article 24. restrictive laws restriction of rights, freedoms and guarantees can only be imposed by law in order to safeguard other constitutionally protected rights or interests and in cases clearly provided for by the constitution. laws restricting rights, freedoms and guarantees have necessarily a general and abstract nature and may not reduce the extent and scope of the essential contents of constitutional provisions and shall not have a retroactive effect. article 25. state of exception suspension of the exercise of fundamental rights, freedoms and guarantees shall only take place if a state of siege or a state of emergency has been declared as provided for by the constitution. a state of siege or a state of emergency shall only be declared in case of actual or impending aggression by a foreign force, of serious disturbance or threat of serious disturbance to the democratic constitutional order, or of public calamity. a declaration of a state of siege or a state of emergency shall be substantiated, specifying rights, freedoms and guarantees the exercise of which is to be suspended. a suspension cannot be extended for more than thirty days, without prejudice of possible justified renewal, when absolutely necessary, for equal periods of time. in no case shall a declaration of a state of siege affect the right to life, physical integrity, citizenship, non-retroactivity of the criminal law, defense in a criminal case and freedom of conscience and religion, the right not to be subjected to torture, slavery or servitude, the right not to be subjected to cruel, inhuman or degrading treatment or punishment, and the guarantee of non-discrimination. authorities are obligated to restore constitutional normality as soon as possible. article 26. access to courts access to courts is guaranteed to all for the defense of their legally protected rights and interests. justice shall not be denied for insufficiency of economic means. article 27. the "ombudsman" (the defender of human rights and justice) the ombudsman is an independent organ in charge to examine and seek to settle citizens' complaints against public bodies, certify the conformity of the acts with the law, prevent and initiate the whole process to remedy injustices. citizens may present complaints concerning acts or omissions on the part of public bodies to the ombudsman, who shall undertake a review, without power of decision, and shall forward recommendations to the competent organs as deemed necessary. the ombudsman shall be appointed by the national parliament by absolute majority votes of its members for a term of office of four years. the activity the ombudsman shall be independent from any means of grace and legal remedies as provided for in the constitution and the law. administrative organs and public servants have the duty to collaborate with the ombudsman. article 28. right to resistance and self-defense all citizens have the right to disobey and to resist illegal orders or orders that affect their fundamental rights, freedoms and guarantees. the right to self-defense is guaranteed to all, in accordance with the law. title ii. rights, freedoms and personal guarantees article 29. right to life human life is inviolable. the state recognizes and guarantees the right to life. there is to be no death penalty in the democratic republic of east timor. article 30. right to freedom, security and personal integrity all have the right to freedom, security and personal integrity. no one shall be arrested or detained, except under the terms clearly provided for by applicable law, and the order of arrest or detention should always be presented for consideration by the competent judge within the legal time frame. any individual who is deprived of freedom shall be immediately informed, in a clear and precise manner, of the reasons for the detention or arrest, as well as of their rights, and allowed to contact a lawyer, directly or through a relative or a trusted person. no one shall be subjected to torture and cruel, inhuman or degrading treatment. article 31. application of criminal law no one can be subjected to trial, except in accordance with the law. no one can be tried and convicted for an act that does not qualify in the law as a criminal offence at the moment it was committed, nor endure security measures the provisions of which are not expressly established in previous law. penalties or security measures not expressly provided for by law at the moment the criminal offence was committed cannot be enforced. no one can be tried and convicted for the same criminal offense more than once. criminal law cannot be enforced retroactively, except when the new law is in favor of the accused. anyone who has been unjustly convicted has the right to a fair compensation in accordance with the law. article 32. limits on sentences and security measures in the democratic republic of east timor, there is no perpetual imprisonment nor security measures for unlimited or indefinite duration. in case of danger as a result of mental illness, security measures may be successively extended by judicial decision. criminal liability is not susceptible to transmission. persons who are subjected, on conviction, to a sentence or a security measure involving loss of freedom remain entitled to fundamental rights, subject to the limitations that necessarily derive from that conviction and from the requirements for its enforcement. article 33. habeas corpus any person who is illegally deprived of freedom has the right to apply for habeas corpus. an application for habeas corpus shall be made in accordance with the law by the detainee or by any other person in the exercise of their civil rights. the court shall rule on the application for habeas corpus within eight days at a hearing in the presence of both parties. article 34. guarantees in criminal proceedings everyone charged with an offence is presumed innocent until convicted. an accused person has the right to select, and be assisted by a lawyer at all states of the proceedings and the law shall determine the circumstances for which the presence of the lawyer is obligatory. every individual is guaranteed the inviolable right of a hearing and defense in criminal proceedings. evidence is of no effect if obtained by torture, coercion, infringement of the physical or moral integrity of the individual, or wrongful interference with private life, the domicile, correspondence or other forms of communication. article 35. extradition and expulsion extradition shall only take place based on a court decision. extradition on political grounds is prohibited. extradition in respect of offences punishable, under the law of the requesting state, by death penalty or life imprisonment or whenever there are grounds to assume that the person to be extradited may be subjected to torture and inhuman, degrading and cruel treatment, shall not be permitted. an east timorese national shall not be expelled or expatriated from the national territory. article 36. right to honor and privacy all individuals have the right to honor, good name and reputation, protection of their public image and privacy of their personal and family life. article 37. inviolability of the domicile and correspondence the domicile, the correspondence and the privacy of and other means of communication are inviolable, except in cases provided for by law as a result of criminal proceedings. any person's home shall not be entered against their will, except under the written order of a competent judicial authority and in the cases and manner prescribed by law. entry into any person's home at night against their will is expressly prohibited, except in case of serious threat to life or physical integrity of somebody inside the home. article 38. protection of personal data all citizens have the right to access personal data stored in a computer system or entered into mechanical or manual records regarding them, and may require their rectification and actualization, and have the right to know their purpose. the law determines the concept of personal data, as well as the conditions applicable to the processing thereof. the processing of personal data on private life, political and philosophical convictions, religious faith, party or trade union membership and ethnical origin, without the consent of the interested person, is prohibited. article 39. family, marriage and maternity the state protects the family as the society's basic unit and condition for the harmonious development of the person. all have the right to establish and live in a family. marriage is based upon free consent by the parties and on terms of full equality of rights between spouses, in accordance with the law. maternity is dignified and protected, and special protection shall be guaranteed to all women during pregnancy and after delivery and working women shall have the right to be exempted from the workplace for an adequate period before and after delivery, without loss of remuneration or any other benefits, in accordance with the law. article 40. freedom of expression and information all persons have the right to freedom of expression and the right to inform and be informed impartially. the exercise of freedom of expression and information cannot be limited by any type of censorship. the exercise of rights and liberties referred to in this article is regulated by law based on the imperative of respect for the constitution and the dignity of the human person. article 41. freedom of the press and means of social communication freedom of the press and other means of social communication is guaranteed. freedom of the press comprises, namely, the freedom of expression and creativity for journalists, the access to information sources, editorial freedom, protection of independence and professional confidentiality, and the right to create newspapers, publications and other means of diffusion. a monopoly on the means of social communication is not permitted. the state guarantees the freedom and independence of the public organs of social communication from political and economic powers. the state guarantees the existence of a public radio and television service that is impartial in order to, among other objectives, protect and disseminate the culture and the traditional values of the democratic republic of east timor and guarantee the expression of different opinions. radio and television stations can operate only under a license, in accordance with the law. article 42. freedom of assembly and manifestation all are guaranteed the freedom to assemble peacefully and unarmed, without a need of prior authorization. to all is recognized the right of manifestation in accordance with the law. article 43. freedom of association to all is guaranteed the freedom of association provided that the association is not intended to promote violence and is in accordance with the law. no one can be compelled to join an association or to remain in it against their will. the establishment of armed, military or paramilitary associations, including organizations of a racist or xenophobic nature or that promote terrorism, is prohibited. article 44. freedom of movement every individual has the right to move freely and to settle anywhere in the national territory. every citizen is guaranteed the right to emigrate freely, as well as the rights to return to the country. article 45. freedom of conscience, religion and worship to all is guaranteed the freedom of conscience, religion and worship and the religious denominations that are separated from the state. no one can be persecuted or discriminated against on the basis of their religious convictions. the right to be a conscientious objector is guaranteed in accordance with the law. the freedom to teach any religion in the framework of the respective religious denomination is guaranteed. article 46. right to political participation every citizen has the right to participate in the political life and in the public affairs of the country, either directly or through democratically elected representatives. every citizen has the right to establish and to participate in political parties. the establishment and organization of political parties shall be regulated by law. article 47. right to vote every citizen over the age of seventeen has the right to vote and to be elected. the exercise of the right to vote is personal and constitutes a civic duty. article 48. right to petition every citizen has the right to present, individually or jointly with others, petitions, complaints and claims to organs of sovereignty or any authority for the purpose of defending their rights, the constitution, the law or general interests. article 49. defense of sovereignty every citizen has the right and the duty to contribute towards the defense of independence, sovereignty and territorial integrity of the country. service in the army takes place in accordance with the law. title iii. economic, social and cultural rights and duties article 50. right to work every citizen, regardless of gender, has the right and the duty to work and to choose freely his or her profession. the worker has the right to labor safety and hygiene, remuneration, rest and vacation. dismissal without just cause or on political, religious and ideological grounds is prohibited. compulsory work, without prejudice to the cases provided for under penal legislation, is prohibited. the state shall promote the establishment of co-operatives of production and shall lend support to household businesses as sources of employment. article 51. right to strike and prohibition of lock-out the workers have the right to resort to strike, the exercise of which shall be regulated by law. the law defines the conditions under which services are provided, during a strike, that are necessary for the safety and maintenance of equipment and facilities, as well as minimum services that are necessary to meet essential social needs. lock-out is prohibited. article 52. trade union freedom every worker has the right to form or join trade unions and professional associations in defense of their rights and interests. trade union freedom is sub-divided, namely, into freedom of establishment, freedom of membership and freedom of organization and internal regulation. trade unions and trade union associations shall be independent of the state and the employers. article 53. consumer rights consumers have the right to goods and services of good quality, to truthful information and protection of their health, safety and economic interests, and to reparation for damages. advertising is regulated by law, and all forms of concealed, indirect or misleading advertising are prohibited. article 54. right to private property every individual has the right to private property and can transfer it during their lifetime or on death, in accordance with the law. private property shall not be used to the detriment of its social function. the requisitioning and expropriation of property for public purposes shall only take place following fair compensation in accordance with the law. only national citizens have the right to ownership of land. article 55. obligations of the taxpayer every citizen with a certified income has the duty to pay tax in order to contribute to public revenues, in accordance with the law. article 56. social security and assistance all citizens are entitled to social assistance and security in accordance with the law. the state shall promote, in accordance with its national resources, to the organization of a social security system. the state supports and supervises the activity and the functioning of institutions of social solidarity and other non-profit institutions of recognized public interest, in accordance with the law. article 57. health all have the right to health and medical care, and the duty to protect and promote them. the state promotes the establishment of a national health service that is universal and general. the national health service shall be free of charge in accordance with the possibilities of the state and in conformity with the law. the national health service shall have, as much as possible, a decentralized participatory management. article 58. housing all have the right to housing for themselves and their family, of adequate size that meets satisfactory standards of hygiene and comfort and preserves personal intimacy and family privacy. article 59. education and culture the state recognizes and guarantees that every citizen has the right to education and culture, and it is incumbent upon it to promote the establishment of a public system of universal and compulsory basic education that is free of charge in accordance with its possibilities and in conformity with the law. everyone has the right to equal opportunities and education and vocational training. the state recognizes and supervises private and co-operative education. the state shall ensure the access of every citizen, in accordance to their abilities, to the highest levels of education, scientific research and artistic creativity. everyone has the right to cultural enjoyment and creativity and the duty to preserve, protect and value cultural heritage. article 60. intellectual property the state guarantees and protects the creation, production and commercialization of literary, scientific and artistic work, including the legal protection of the rights of authors. article 61. environment all have the right to a humane, healthy, and ecologically balanced environment and the duty to protect it and improve it for the benefit of the future generations. the state recognizes the need to preserve and rationalize natural resources. the state shall promote actions aimed at protecting the environment and safeguarding the sustainable development of the economy. part iii. organization of political power title i. general principles article 62. source and exercise of political power political power emanates from the people and is exercised in accordance with the terms of the constitution. article 63. participation by citizens in political life direct and active participation by men and women in political life constitutes a requirement of, and a fundamental instrument for, the democratic system. the law promotes equality in the exercise of civil and political rights and nondiscrimination on the basis of gender for access to political positions. article 64. principle of renewal no one shall hold any political office for life, or for indeterminate periods of time. article 65. elections elected organs of sovereignty and of local government shall be chosen by free, direct, secret, personal and regular universal suffrage. registration of voters is compulsory and officially initiated, single and universal, to be updated for each election. electoral campaigns shall be conducted in accordance with the following principles: freedom to canvass (liberdade de propaganta eleitoral); equality of opportunity and of treatment for all candidacies; impartiality towards candidacies on the part of public entities; transparency and supervision of electoral expenditures. conversion of the votes into mandates shall observe the principle of proportional representation. the electoral process is regulated by law. the supervision of voters' registration and electoral acts shall be incumbent upon an independent organ, whose competences, composition, organization and functioning shall be established by law. article 66. referendum voters who are registered in the national territory may be called upon to express their opinions in a referendum on issues of relevant national interest. a referendum is called by the president of the republic, following a proposal by onethird, and deliberation approved by a two-thirds majority, of the members of the national parliament, or following a well-founded proposal by the government. matters falling under the exclusive competence of the parliament, the government and the courts as defined by the constitution cannot be the subject of a referendum. a referendum shall only be binding where the number of voters is higher than half of the registered electors. the process of a referendum is defined by law. article 67. organs of sovereignty the organs of sovereignty shall comprise the president of the republic, the national parliament, the government and the courts. article 68. incompatibilities the holding of the offices of president of the republic, speaker of the national parliament, president of the supreme court of justice, president of the high administrative, tax and audit court, prosecutor-general and member of government are incompatible with one another. the law shall define other incompatibilities. article 69. principle of separation of powers the organs of sovereignty, in their reciprocal relationship and exercise of their functions, shall observe the principle of separation and interdependence of powers established in the constitution. article 70. political parties and the right of opposition political parties shall participate in organs of political power in accordance with their democratic representation based on direct and universal suffrage. the right of political parties to democratic opposition, as well as the right to be informed regularly and directly on the progress of the main issues of public interest, shall be recognized. article 71. administrative organization the central government shall be represented at the different administrative levels of the country. oetcussi ambeno is governed by a special administrative policy and economic regime. ataúra enjoys an appropriate economic status. the political and administrative organization of the territory of the democratic republic of east timor is defined by law. article 72. local government local government is constituted by corporate bodies endowed with representative organs, with the objective of organizing the participation by citizens in solving the problems of their own community and promoting local development without prejudice to the participation by the state. the organization, competence, functioning and composition of the organs of local government shall be defined by law. article 73. publication of acts the normative acts shall be published by the organs of sovereignty in the official gazette. failure to publish any of the legislation referred to in number 1 above or decisions of a general nature taken by the organs of sovereignty or local government render them null and void. the form of publication of other acts and decisions, and the consequences of the failure to do so, shall be determined by law. title ii. president of the republic chapter one. status, election and appointment article 74. definition the president of the republic is the head of state and the symbol and guarantor of national independence and unity of the state and of the regular functioning of democratic institutions. the president of the republic is the supreme commander of the armed forces. article 75. eligibility to qualify as presidential candidates, east timorese citizens must meet cumulatively the following requirements: original citizenship; at least 35 (thirty-five) years of age; to be in possession of his or her full faculties; to be proposed by a minimum of five thousand voters. the president of the republic has a term of office of five years and shall cease functioning with the swearing-in of the new president-elect. the president of the republic's term of office may be renewed only once. article 76. election the president of the republic is elected by universal, free, direct, secret and personal suffrage. the election of the president of the republic shall be conducted through the system based on the majority of validly expressed votes, excluding blank votes. if no candidate obtains more than half of the votes, a second round shall take place on the thirtieth day following the first voting. only the two candidates obtaining the highest number of votes shall be eligible to stand in a run-off election, provided they have not withdrawn their candidacies. article 77. inauguration and swearing-in the president of the republic shall be sworn in by the speaker of the national parliament and shall be inaugurated in public ceremony before the members of the national parliament and the representatives of the other organs of sovereignty. the inauguration shall take place on the last day of the term of office of the outgoing president or, in case of election due to a vacancy, on the eighth day following the publication of the electoral results. at the swearing-in ceremony, the president of the republic shall take the following oath: i swear to god, to the people and on my honor that i will fulfill with loyalty the functions that have been invested in me, will abide by and enforce the constitution and the laws and will dedicate all my energies and capacities to the defense and consolidation of independence and national unity." article 78. incompatibilities the president of the republic cannot hold any other political position or public office at the national level, and under no circumstances undertake private assignments. article 79. criminal responsibility and constitutional obligations the president of the republic enjoys immunity in the exercise of his or her functions. the president of the republic is responsible before the supreme court of justice for crimes committed in the exercise of his or her functions and for clear and serious violation of constitutional obligations. it is the incumbent upon the national parliament to initiate the criminal proceedings, following a proposal made by one-fifth, and deliberation approved by a two-third majority, of its members. the plenary of the supreme court of justice shall issue a judgment within a maximum of 30 days. conviction shall result in forfeiture of office and disqualification from re-election. for crimes not committed in the exercise of his or her functions, the president of the republic shall also be answerable before the supreme court of justice, and forfeiture of office shall only occur in case of sentence to prison. in the cases provided for under the previous number, immunity shall be withdrawn at the initiative of the national parliament in accordance with provisions of number 3 of this article. article 80. absence the president of the republic cannot be absent from the national territory without the previous consent of the national parliament or of its standing committee, if parliament is in recess. failure to observe provision of number 1 of the present article shall imply forfeiture of the office, as provided for by the previous article. the president of the republic's private visits not exceeding fifteen days shall not require the consent of the national parliament. nonetheless, the president of the republic should notify the national parliament of such visits in advance. article 81. resignation from office the president of the republic may resign from office by a message addressed to the national parliament. resignation shall take effect once the message is made known to the national parliament without prejudice to its subsequent publication in the official gazette. if the president of the republic resigns from office, he or she cannot be eligible to stand for presidential elections immediately after resignation nor in the regular elections to be held after five years. article 82. death, resignation or permanent incapacity in case of death, resignation or permanent incapacity of the president of the republic, his or her functions shall be taken over on an interim basis by the president of the national parliament, who shall be sworn in by the president of the national parliament before the members of the national parliament and representatives of the organs of sovereignty. permanent incapacity shall be declared by the supreme court of justice, which shall also have the responsibility to confirm the death of the president of the republic and the vacancy of office resulting therefrom. the election of a new president of the republic in case of death, resignation or permanent incapacity should take place within the subsequent ninety days, after certification or declaration of death, resignation or permanent incapacity. the president of the republic shall be elected for a new term of office. in case of refusal by the president-elected to take office or in case of his or her death or permanent incapacity, the provisions of this article shall apply. article 83. exceptional cases when death, resignation or permanent incapacity occur at the imminence of exceptional situations of war or prolonged emergency, or of an insurmountable difficulty of a technical or material nature, to be defined by law, preventing the holding of a presidential election by universal suffrage as provided for by article 76, the new president of the republic shall be elected by the national parliament from among its members within the ninety subsequent days. in the cases referred to in the previous number, the president-elect shall serve for the remainder of the interrupted term and he or she may run in the new election. article 84. replacement and interim office during temporary impediment of the president of the republic, the presidential functions shall be taken over by the president of national parliament or, in case of impediment of the latter, by his or her replacement. the parliamentary mandate of the president of the national parliament or of his or her replacement shall be automatically suspended over the period of time in which he or she holds the office of president of the republic on an interim basis. the parliamentary functions of the replacing or interim president of the republic shall be temporarily taken over in accordance with the rules of procedures of the national parliament. chapter two. competences article 85. competences it is exclusively incumbent upon the president of the republic: to promulgate statutes and order the publication of resolutions by the national parliament approving agreements and ratifying international treaties and conventions; exercise competences inherent in the functions of supreme commander of the defense force; to exercise the right of veto regarding any statutes within 30 days from the date of their receipt; to appoint and swear in the prime minister designated by the party or alliance parties with parliamentary majority after consultation with the political parties sitting in the national parliament; to request the supreme court of justice to undertake a preventive appraisal and abstract review of the constitutionality of the rules, as well as verification of unconstitutionality by omission; to submit relevant issues of national interest to a referendum provided in article 66; to declare the state of siege or a state of emergency following authorization by the national parliament, after consultation with the council of state, the government and the supreme council of defense and security; to declare war and make peace following a government proposal, after consultation with the council of state and the supreme council of defense and security, under authorization of the national parliament; to grant pardons and commute sentences after consultation with the government; to award honorary titles, decorations and merits in accordance with the law. article 86. competences with regard to other organs it is incumbent upon the president of the republic, with regard to other organs: to chair the supreme council of defense and security; to chair the council of state; to set dates for elections of the president and the national parliament in accordance with the law; to request the convening of extraordinary sessions of the national parliament, whenever imperative reasons of national interest justify it; to address messages to the national parliament and the country; to dissolve the national parliament in case of a serious institutional crisis preventing the formation of a government or the approval of the state budget and lasting more than sixty days, after consultation with political parties sitting in the parliament and with the council of state, on pain of rendering the act of dissolution null and void, taking into consideration provisions of article 100; to dismiss the government and remove the prime minister from office after the national parliament has rejected his or her program for two consecutive times; to appoint, swear in and remove government members from office, following a proposal by the prime minister, in accordance with number 2, article 106; to appoint two members of the supreme council of defense and security; to appoint the president of the supreme court of justice and swear in the president of the high administrative court, the tax court and the court of accounts; to appoint the prosecutor-general for a term of four years; to appoint and dismiss the deputy prosecutor-general in accordance with number 6, article 133; to appoint and dismiss, following proposal by the government, the general chief of staff of the defense force, the deputy general chief of staff of the defense force, and the chiefs of staff of the defense force, after consultation with the general chief of staff regarding the latter two cases; to appoint five members for the council of state; to appoint one member for the superior council of the judiciary and for the superior council for the public prosecution. article 87. competences with regard to international relations it is incumbent upon the president of the republic, in the field of international relations: to declare war in case of actual or imminent aggression and to make peace, following proposal by the government, after consultation with the supreme council for defense and security and following authorization of the national parliament or of its standing committee; to appoint and dismiss ambassadors, permanent representatives and special envoys, following proposal by the government; to receive credential letters of accreditation and accredit foreign diplomatic representatives; conduct, in consultation with the government, any process of negotiation towards the completion of international agreements in the field of defense and security. article 88. promulgation and veto within thirty days after receiving any draft law from the national parliament for the purpose of its promulgation as law, the president of the republic shall either promulgate the law or exercise the right of veto, based on substantive grounds, send a message to the national parliament requesting a new appraisal of the statute. if, within ninety days, the national parliament confirms its vote by an absolute majority of its members in full exercise of their functions, the president of the republic shall promulgate the law within eight days after receiving it. however, a majority of two-thirds of the members present shall be required to ratify laws on matters provided for in article 95 when that majority exceeds an absolute majority of the members in full exercise of their functions. within forty days after receiving any draft law from the government for the purpose of its promulgation as law, the president of the republic shall either promulgate it or exercise the right of veto by way of a written communication to the government containing the reasons for the veto. article 89. powers of an interim president of the republic an interim president of the republic cannot exercise the powers specified in letters f, g, h, i, j, k, l, m, n and o of article 86. chapter three. council of state article 90. council of state the council of state is the political consultative organ of the president of the republic who presides over it. the council of state comprises: former presidents of the republic who were not removed from office; the president of the national parliament; the prime minister; five citizens elected by the national parliament in accordance with the principle of proportional representation and for the period corresponding to the legislative term, provided that they are not members of the organs of sovereignty; five citizens designated by the president of the republic for the period corresponding to the term of office of the president, provided that they are not members of the organs of sovereignty. article 91. competence, organization and functioning of the council of state it is incumbent upon the council of state: express its opinion on the dissolution of the national parliament; express its opinion on the dismissal of the government; express its opinion on the declaration of war and the making of peace; express its opinion on any other cases set out in the constitution and advise the president of the republic in the exercise of his or her functions, when requested by the president; to draft its rules of procedure. the meetings of the council of state shall not be open to the public. the law defines the organization and functioning of the council of state. title iii. national parliament chapter one. status and election article 92. definition the national parliament is organ of sovereignty of the democratic republic of east timor that represents all timorese citizens with legislative supervisory and political decision making powers. article 93. election and composition the national parliament is elected by universal, free, direct, equal, secret and personal suffrage. the national parliament is constituted by a minimum of fifty-two and a maximum of sixty-five members. the law establishes the rules relating to constituencies, eligibility conditions, nominations and electoral procedures. members of the national parliament have a term of office of five years. article 94. immunities the members are not responsible for civil, criminal or disciplinary matters in regard to votes and opinions expressed by them while performing their functions. parliamentary immunities may be withdrawn in accordance with the rules of procedure of the national parliament. chapter two. competence article 95. competence of the national parliament it is incumbent upon the national parliament to make laws on basic issues of the country's domestic and foreign policy. it is exclusively incumbent upon the national parliament to make laws on: the borders of the democratic republic of east timor, in accordance with article 4; the limits of territorial waters, of the exclusive economic zone and of the rights of east timor to the adjacent area and the continental shelf; national symbols, in accordance with number 2 of article 14; citizenship; rights, freedoms and guarantees; the status and capacity of people, family law and inheritance law; territorial division; the electoral law and the referendum system; political parties and associations; the status of members (of the national parliament); the status of office holders in the organs of state; the bases for the education system; the bases for the social security system, and health; the suspension of constitutional guarantees and the declaration of the state of siege and the state of emergency; the policy of defense and security; the tax policy; the budget system. it is also incumbent upon (the national parliament): to ratify the appointment of the president of the supreme court of justice and of the high administrative, tax and audit court; to deliberate on progress reports by the government; to elect one member for the superior council for the judiciary and the superior council for the public prosecution; to deliberate on the state plan and budget and its execution report; to monitor the execution of the state budget; to approve and renounce agreements and to ratify treaties and international conventions; to grant amnesty; to give consent to trips by the president of the republic on state visits; to improve revisions of the constitution by a majority of two-thirds of the members of parliament; to authorize and confirm to propose to the president of the republic the submission to referendum of issues of national interest. it is also incumbent upon the national parliament: to elect its speaker and other members of the chair; to elect five members for the council of state; to prepare and approve its rules of procedure; to set up the standing committee and establish the other parliamentary committees. article 96. legislative authorization the national parliament may authorize the government to make laws concerning the following matters: definition of crimes, sentences, security measures and respective prerequisites; definition of civil and criminal procedure; organization of the judiciary and status of magistrates; general rules and regulations for the public service, the status of the civil servants and the responsibility of the state; general bases for the organization of public administration; monetary system; banking and financial system; definition of the bases for a policy of protection of the environment and sustainable development; general rules and regulations for radio and television broadcasting and other mass media communication; military or civic service; general rules and regulations for the requisition and expropriation for public utility; means and ways of intervention, expropriation, nationalization and privatization of means of production and soils on grounds of public interest, as well as criteria for the establishment of compensation in such cases. laws on legislative authorization shall define the subject, sense, scope and duration of the authorization, which may be renewed. laws on legislative authorization cannot be used more than once and shall lapse with the dismissal of the government, with the end of the legislative term or with the dissolution of the national parliament. article 97. legislative initiative the power to initiate laws belongs to: the members (of parliament); the parliamentary groups; the government. there cannot be any presentation of bills, draft legislation or amendments involving, in any given fiscal year, any increase in state expenditure or any reduction in state revenues provided for in the budget or rectifying budgets. bills and draft legislation that have been rejected cannot be re-introduced in the same legislative session in which they have been presented. bills and draft legislation that have not been voted on shall not need to be reintroduced in the ensuing legislative session, except in case of end of the legislative term. draft legislation shall lapse with the dismissal of the government. article 98. parliamentary appraisal of legislative acts the legislative acts other than those approved under the exclusive legislative powers of the government may be submitted to the national parliament for appraisal, for purposes of terminating their validity or for amendment, following a petition of one-fifth of the members of parliament and within thirty days following their publication, excluding the days when he functioning of the national parliament is suspended. the national parliament may suspend, in part or in full, the force of a law until it is appraised. the suspension shall lapse after the national parliament has held 10 plenary meetings without taking a final decision. if the termination of validity is approved, the law shall cease to be in force from the date of the publication of the resolution in the official gazette, and it shall not be published again in the same legislative session. the process shall lapse if, after a statute has been submitted for appraisal, the national parliament takes no decision on it, or, having decided to make amendments, it does not approve a law to that effect before the corresponding legislative session ends, provided fifteen plenary meetings have been held. chapter three. organization and functioning article 99. legislative term the legislative term comprises five legislative sessions, and each legislative session shall have the duration of one year. the regular period of functioning of the national parliament is defined by the rules of procedure. the national parliament convenes on a regular basis following notice by its president. the national parliament convenes on an extraordinary basis whenever so decided by the standing committee, at the request of one-third of members or following notice of the president of the republic with a view to addressing specific issues. in case of dissolution, the elected national parliament shall commence a new legislative term, the length of which shall be increased by the time needed to complete the legislative session in progress at the date of the election. article 100. dissolution the national parliament shall not be dissolved during the six months immediately following its election, during the last half-year of the term of office of the president of the republic or during a state of siege or a state of emergency, on pain of rendering the act of dissolution null and void (inexistêncía jurdica). the dissolution of the national parliament does not affect the continuance of the mandates of its members until the first meeting of the national parliament after the ensuing election. article 101. attendance by members of the government the members of the government have the right to attend plenary sessions of the national parliament and may take the floor as provided for in the rules of procedures. sittings shall be scheduled at which members of the government shall be present to answer questions from members of parliament in accordance with the rules of procedure. the national parliament or its committees may request members of the governments to take part in their proceedings. chapter four. standing committee article 102. standing committee the standing committee shall sit when the national parliament is dissolved or in recession and in the other cases provided for in the constitution; the standing committee shall be presided over by the president of the national parliament and shall be comprised of vice-presidents and parliament members designated by the parties sitting in the parliament in accordance with their respective representation. it is incumbent upon the standing committee: to follow-up the activities of the government and the administration; to co-ordinate the activities of the committees of the national parliament; to take steps for the convening of parliament whenever deemed necessary; to prepare and organize sessions of the national parliament; to give its consent regarding trips by the president of the republic in accordance with article 80; to direct relations between the national parliament and similar parliaments and institutions of other countries; to authorize the declaration of the state of siege or the state of emergency. title iv. government chapter one. definition and structure article 103. definition the government is the organ of sovereignty responsible for conducting and executing the general policy of the country and is the supreme organ of public administration. article 104. composition the government is constituted by the prime minister, the ministers and the secretaries of state. the government may include one or more deputy prime ministers and deputy ministers. the number, titles and competences of ministries and secretariats of state shall be defined in a legislative act by the government. article 105. council of ministers the council of ministers is constituted by the prime minister, the deputy prime ministers, if any, and the ministers. the council of ministers shall be convened and chaired by the prime minister. the deputy ministers, if any, and the secretaries of state may be summoned to attend meetings of the council of ministers, without a right to vote. chapter two. formation and responsibility article 106. appointment the prime minister shall be designated by the political party or alliance of political parties with parliamentary majority and shall be appointed by the president of the republic, after consultation with the political parties sitting in the national parliament. the remaining members of the government shall be appointed by the president of the republic on the proposal by the prime minister. article 107. responsibility of the government the government shall be accountable to the president of the republic and to the national parliament for conducting and executing the domestic and foreign policy in accordance with the constitution and the law. article 108. the program of the government once appointed, the government must develop its program, which shall include the objectives and tasks proposed, the actions to be taken and the main political guidelines to be followed in the fields of government activity. once approved by the council of ministers, the prime minister shall, within a maximum of thirty days after appointment of the government, submit the program of government to the national parliament for consideration. article 109. consideration of the program of government the program of the government shall be submitted to the national parliament for consideration. when the national parliament is not in session, its convening for this purpose shall be mandatory. the debate on the program of the government shall not exceed five days and, prior to its closing, any parliamentary group may propose its rejection or the government may request the approval of a vote of confidence. rejection of the program of the government shall require an absolute majority of the members in full exercise of their functions. article 110. request for vote of confidence the government may request the national parliament to take a vote of confidence on a statement of general policy or on any relevant matter of national interest. article 111. vote of no confidence (censura) the national parliament may, following proposal by one-quarter of the members in full exercise of their functions, pass a vote of no confidence on the government with respect to the implementation of its program or any relevant matter of national interest. when a vote of no confidence is not approved, its signatories shall not move another vote of no confidence (censura) during the same legislative session. article 112. dismissal of the government the dismissal of the government shall occur when: at the beginning of a new legislative; by the acceptance by the president of the republic of the resignation of the prime minister; by the death of the prime minister or by suffering a permanent physical incapacity; by the rejection of its program for the second consecutive time; by the non-approval of a vote of confidence; by the approval of a vote of no confidence by an absolute majority of the members in full exercise of their functions; the president of the republic can only dismiss the prime minister in accordance with the cases provided for in the previous number and when it is deemed necessary to ensure the regular functioning of the democratic institutions, after consultation with the council of state. article 113. criminal responsibility of the members of government when a member of the government is charged with a criminal offence punishable with a sentence of imprisonment for more than two years, he or she shall be suspended from his or her functions so that the proceedings can go forward. when a member of the government is charged with a criminal offence punishable with a sentence of imprisonment for a maximum of two years, he or she shall be suspended from his or her functions so that the proceedings can go forward. article 114. immunities of members of the government no member of the government may be detained or imprisoned without the permission of the national parliament, except for a felonious crime punishable with a maximum sentence of imprisonment for more than two years and in flagrante delicto. chapter three. competences article 115. competence of the government it is incumbent upon the government: to define and implement the general policy of the country, after its approval by the national parliament; to guarantee the exercise of the fundamental rights and freedoms of the citizens; to ensure public order and social discipline; to prepare the state plan and the state budget and to execute them after their approval by the national parliament; to regulate economic and social sector activities; to prepare and negotiate treaties and enter into, approve, accede and renounce international agreements which do not fall within the competence of the national parliament or of the president of the republic; to define and implement the foreign policy of the country; to ensure the representation of the democratic republic of east timor in international relations; to direct the social and economic sectors of the state; to direct the labor and social security policy; to guarantee the defense and consolidation of the public domain and the property of the state; to direct and co-ordinate the activities of the ministries as well as the activities of the remaining institutions subordinate to the council of ministers; to promote the development of the co-operative sector and the support for household production; to support private enterprise initiatives; to take actions and make all the arrangements necessary to promote economic and social development and to satisfy the needs of the timorese people; to exercise any other competencies as provided for by the constitution and the law. it is also incumbent upon the government in relation to other organs: to submit bills and draft resolutions to the national parliament; to propose to the president of the republic the declaration of war or the making of peace; to propose to the president of the republic the declaration of the state of siege or the state of emergency; to propose to the president of the republic the submission to referendum of relevant issues of national interest; to propose to the president of the republic the appointment of ambassadors, permanent representatives and special envoys; the government has exclusive legislative competence on matters concerning its own organization and functioning, as well as on the direct and indirect administration of the state. article 116. competences of the council of ministers it is incumbent upon the council of ministers: to define the general guidelines of the government policy, as well as those for its execution; to deliberate on a request for a vote of confidence from the national parliament; to approve bills and draft resolutions; to approve legislative drafts, as well as international agreements that are not required to be submitted to the national parliament; to approve actions by the government that involve an augmentation of diminution of public revenues or expenditures; to approve plans. article 117. competences of members of the government it is incumbent upon the prime minister: to be the head of government; to preside over the council of ministers; to direct and guide the general policy of the government and to co-ordinate the activities of all ministers, without prejudice to the direct responsibility of each minister for their respective governmental department; to inform the president of the republic on matters of domestic and foreign policy of the government; to perform other duties attributed to it by the constitution and the law. it is incumbent upon the ministers: to implement the policy defined for their respective ministries; to ensure the relations between the government and the other organs of the state in the area of responsibility of their respective ministries. government bills must be signed by the prime minister and the competent ministers in their respective subject matter. title v. courts chapter one. courts and the judiciary (tribunais e magistratura judicial) article 118. jurisdictional function the courts are organs of sovereignty with competences to administer justice in the name of the people. in exercising their functions, the courts have the right to the assistance of other authorities. the courts decisions shall be binding and shall prevail over the decisions of any other authorities. article 119. independence the courts are independent and subject only to the constitution and to the law. article 120. review of unconstitutionality the courts shall not apply rules that contravene the constitution or the principles contained therein. article 121. judges jurisdiction rests exclusively with the judges invested in accordance with the law. in exercising their functions, the judges are independent and owe obedience only to the constitution, to the law and to their conscience. judges shall be irremovable, may not be suspended, transferred, retired or removed from office except as provided for by law. the law shall regulate the judicial organization and the status of the judicial magistrates. article 122. exclusiveness judges in office may not perform any other public or private functions, except teaching or legal research, in accordance with the law. article 123. categories of courts in the democratic republic of east timor, there shall be the following categories of courts: the supreme court of justice and other courts of law; the high administrative, tax and audit court and other administrative courts of first instance; military courts. courts of exception shall be prohibited and there shall be no special courts to judge certain categories of criminal offence. there may be maritime courts and arbitration courts. the law shall determine the establishment, organization and the functioning of the courts referred to in the preceding numbers. the law may institutionalize means and forum of the non-jurisdictional resolution of disputes. article 124. supreme court of justice the supreme court of justice is the highest court of law and the guarantor of a uniform enforcement of the law, and has jurisdiction in the entire national territory. it is also incumbent on the supreme court of justice to administer justice on matters of juridical, constitutional and electoral nature. the president of the supreme court of justice is appointed by the president of the republic from among the judges of the supreme court of justice for a term of office of four years. article 125. functioning and composition the supreme court of justice functions: in sections, as a court of first instance, in the cases provided for in the law; in plenary, as a court of second and single instance, in the cases expressly provided for in the law. the supreme court of justice is composed of career judges, magistrates of the public prosecution or jurists of recognized merit in number to be established by law, as follows: one elected by the national parliament; and all the others designated by the superior council for the judiciary (magistratura judicial). article 126. constitutional and electoral competence it is incumbent upon the supreme court of justice, in the domain of juridico-constitutional questions: to review and declare the unconstitutionality and illegality of normative and legislative bills by the organs of the state; to provide an anticipatory verification of the legality and constitutionality of the bills and referenda; to verify cases of unconstitutionality by commission; to verify cases of unconstitutionality by omission; to verify the legality of the establishment of political parties and their coalitions and order their registration or dissolution, in accordance with the constitution and the law; to exercise all other competences provided for by the constitution or the law. in the specific field of elections, it is incumbent upon the supreme court of justice: to verify the legal requirements for candidates for the office of president of the republic; to certify at last instance the regularity and validity of the acts of the electoral process, in accordance with the respective law; to validate and proclaim the results of the electoral process. article 127. eligibility only career judges or magistrates of the public prosecution or jurists of recognized merit of east timorese nationality may become members of the supreme court of justice. in addition to the requirements referred to in the preceding number, the law may define other requirements. article 128. superior council for the judiciary the superior council for the judiciary is the organ of conduct and discipline of the judges of the courts and it is incumbent upon it to appoint, assign, transfer and promote the judges. the superior council for the judiciary is presided over by the president of the supreme court of justice and is composed of the following members: one designated by the president of the republic; one elected by the national parliament; one designated by the government; one elected by the judges of the courts of law from among their peers. the law regulates the competence, organization and functioning of the superior council for the judiciary. article 129. high administrative, tax and audit court the high administrative, tax and audit court is the highest body in the hierarchy of the administrative, tax and audit courts, without prejudice to the competence of the supreme court of justice. the president of the high administrative, tax and audit court is elected for a term of office of four years from among and by respective judges. it is incumbent upon the high administrative, tax and audit court as a single instance to monitor the legality of public expenditure and to audit state accounts. it is incumbent upon the high administrative, tax and audit court and the administrative and tax courts of first instance: to judge actions aiming at resolving disputes arising from legal, fiscal and administrative relations; to judge contentious appeals against decisions made by state organs, their respective office holders and agents; to exercise all the other functions as attributed by law. article 130. military courts it is incumbent upon military courts to judge in first instance crimes of a military nature. the competence, organization, composition and functioning of military courts shall be established by law. article 131. court hearings court hearings shall be public, unless the court hearing a matter, rules otherwise through a well-founded order to safeguard personal dignity or public morality and national security, or guarantee its own normal operation. chapter two. office of public prosecutors article 132. functions and status public prosecutors represent the state, taking criminal action, ensuring the defense of the minors, absentees and the disabled, defending the democratic legality, and promoting the enforcement of the law. public prosecutors constitute a hierarchically organized magistrature, and be accountable to the prosecutor-general of the republic. in performing their function, public prosecutors shall be subject to the criteria of legality, objectivity and impartiality criteria, and obedience to the directives and orders as established by law. public prosecutors shall be governed by their own statute, and shall only be suspended, retired or dismissed under the circumstances provided for in the law. it is incumbent upon the office of the prosecutor-general to appoint, assign, transfer and promote public prosecutors and to exercise disciplinary actions. article 133. office of the prosecutor-general the office of the prosecutor-general is the highest authority in public prosecution, and its composition and competencies is defined by law. the office of the prosecutor-general is directed by the prosecutor-general, in whose absence or inability to act, shall be replaced in accordance with the law. the prosecutor-general shall be appointed by the president of the republic for a term of office of six years, in accordance with the terms established by law. the prosecutor-general is accountable to the head of state and shall submit annual reports to the national parliament. the prosecutor-general shall request the supreme court of justice to make a generally binding declaration of unconstitutionality of any law ruled unconstitutional in three concrete cases. the deputy prosecutor-general shall be appointed, dismissed or removed from office by the president of the republic after consultation with the superior council for the public prosecution. article 134. superior council for the public prosecution the superior council for the public prosecution is an integral part of the office of the prosecutor-general. the superior council for the public prosecution is presided over by the prosecutor-general and is composed of the following members: one designed by the president of the republic; one elected by the national parliament; one designated by the government; one elected by the magistrates of the public prosecution from among their peers. the law regulates the competence, organization and the functioning of the superior council for the public prosecution. chapter three. lawyers article 135. lawyers legal and judicial aid is of social interest, and lawyers and defenders shall be governed by this principle. the primary role of lawyers and defenders is to contribute to the good administration of justice and the safeguarding of the rights and legitimate interests of the citizens. the activity of lawyers is regulated by law. article 136. guarantees in the activity of lawyers the state shall, in accordance with the law, guarantee the inviolability of documents related to legal proceedings, no search, seizure, listing or other judicial measures shall be permitted without the presence of the competent magistrate and, whenever possible, of the lawyer concerned. the lawyers have the right to contact their clients personally with guarantees of confidentiality, especially where the clients are under detention or arrest in military or civil prison centers. title vi. public administration article 137. general principles of public administration public administration shall aim at meeting public interest, in the respect for the legitimate rights and interests of citizens and constitutional institutions. the public administration is structured to prevent excessive bureaucratization, provide more accessible services to the people and to ensure the contributions of individuals interested in its efficient management. the law establishes the rights and guarantees of the citizens, namely against acts likely to affect their legitimate rights and interests. part iv. economic and financial organization title i. general principles article 138. economic organization the economic organization of east timor shall be based on the combination of community forms with free initiative and business management, as well as on the coexistence of the public sector, the private sector and the co-operative and social sector of ownership of the means of production. article 139. natural resources the resources of the soil, the subsoil, the territorial waters, the continental shelf and the exclusive economic zone, which are essential to the economy, shall be owned by the state and must be used in a just and equitable (iqualitáia) manner in accordance with national interests. the conditions for the exploitation of the natural resources referred to in number 1 above must lend themselves to the establishment of obligatory financial reserves, in accordance with the law. the exploitation of the natural resources shall preserve the ecological balance and prevent destruction of ecosystems. article 140. investments the state shall promote national investment and establish conditions to attract foreign investment, taking into consideration the national interests, in accordance with the law. article 141. land ownership, use and development of land as one of the factors for economic production shall be regulated by law. title ii. financial and tax system article 142. financial system the structure of the financial system shall be determined by the law in such a way as to guarantee that savings are encouraged and built up with security and that the financial resources necessary for economic and social development are provided. article 143. central bank the state shall establish a national central bank jointly responsible for the definition and implementation of the monetary and financial policy. the law defines the functions and the relationship of the central bank with the national parliament and the government, safeguarding the management autonomy of the financial institution. the central bank has exclusive competence for issuing the national currency. article 144. tax system the state shall establish a tax system aimed at meeting the financial requirements of the state and the fair distribution of national income and wealth. the taxes shall be established by law, which shall determine the incidence, tax benefits and guarantees of taxpayers. article 145. state budget the state budget is prepared by the government and approved by the national parliament. the budget law shall provide, based on efficiency and efficacy, a breakdown of the revenues and expenditures of the state, as well as preclude the existence of secret appropriations and funds. the execution of the budget is monitored by the high administrative, tax and audit court and by the national parliament. part v. national defense and security article 146. defense force the armed forces of east timor, falintil-etdf, composed exclusively by national citizens, have the responsibility of providing military defense for the democratic republic of east timor and shall have a single system of organization for the whole national territory. falintil-etdf shall guarantee national independence, territorial integrity and the freedom and security of the populations against any aggression or external threat, in respect for the constitutional order. falintil-etdf shall be non-partisan and shall owe obedience to the competent organs of sovereignty in accordance with the constitution and the laws, and shall not intervene in any political matter. article 147. police and security forces the police shall defend the democratic legality and guarantee the internal security of the citizens, and shall be strictly non-partisan. the prevention of crime shall be undertaken with due respect for human rights. the law shall determine the rules and regulations for the police and other security forces. article 148. superior council of defense and security the superior council of defense and security is the consultative organ of the president of the republic on matters relating to the defense and sovereignty. the superior council for defense and security is presided over by the president of the republic and must include civilian and military representatives, the number of civilian entities being higher than the number of military representatives. the composition, organization and the functioning of the superior council for defense and security shall be defined by law. part vi. guarantee and revision of the constitution title i. guarantee of the constitution article 149. anticipatory review (fiscalização preventiva) of constitutionality the president of the republic may request the supreme court of justice to undertake an anticipatory review of the constitutionality of any bill submitted to him or her for promulgation. the preventive review of the constitutionality may be requested within twenty days from the date on which the bill is received, and the supreme court of justice shall hand down its ruling within twenty-five days, a time limit that may be reduced by the president of the republic for reasons of urgency. if the supreme court of justice rules that the statute is unconstitutional, the president of the republic shall send a copy of the ruling within twenty-five days, a time limit that may be reduced by the president of the republic for reasons of urgency. the veto for unconstitutionality of a bill from the national parliament that has been submitted for promulgation can be circumvented under article 88, with the necessary adaptations. article 150. abstract review of constitutionality a declaration of unconstitutionality may be requested by: the president of the republic; the president of the national parliament; the prosecutor-general, based on the refusal by the courts, in three concrete cases, to apply a statute deemed unconstitutional; the prime minister; one-fifth of the members of the national parliament; the ombudsman (provedor). article 151. unconstitutionality by omission the president of the republic, the prosecutor-general and the ombudsman may request the supreme court of justice to review the unconstitutionality by omission of any legislative measures deemed necessary for the implementation of the constitutional norms. article 152. appeals on constitutionality the supreme court of justice has jurisdiction to hear appeals against any of the following court decisions: decisions refusing to apply a legal rule on the grounds of unconstitutionality; decisions applying a legal rule the constitutionality of which was challenged during the proceedings. an appeal under paragraph (1) (b) above may be brought only by the party who raised the question of unconstitutionality. the law regulates the regime for filing appeals. article 153. decisions of the supreme court of justice the decisions of the supreme court of justice shall not be appealable and shall be published in the official gazette, and have a general binding effect on processes of abstract and concrete monitoring, when dealing with unconstitutionality. title ii. constitutional revision article 154. initiative and time of revision the initiative for constitutional revision is incumbent upon the members of parliament and the parliamentary groups. the national parliament may revise the constitution after six years have elapsed since the last date of publication of the last law revising the constitution was published. the period of six years for the first constitutional review is counted from the day the present constitution enters into force. the national parliament, regardless of any time frame, can take on powers to revise the constitution by a majority of four-fifths of the members of parliament in full exercise of their functions. proposals for revision must be deposited with the national parliament one hundred and twenty days prior to the date of the commencement of the debate. after submission of a proposal for constitutional revision under the terms of number 5 above, any other proposal shall be submitted within thirty days. article 155. approval and promulgation amendments to the constitution shall be approved by a majority of two-thirds of the members of parliament in full exercise of their functions. the new text of the constitution shall be published together with the revision law. the president of the republic shall not refuse to promulgate a revision law. article 156. limits on matters of revision laws revising the constitution shall respect: national independence and unity of the state; the rights, freedoms and guarantees of citizens; the republican form of government; the separation of powers; the independence of the courts; the multi-party system and the right of democratic opposition; the free, universal, direct, secret and regular suffrage of the office holders of the organs of sovereignty, as well as the system of proportional representation; the principle of administrative deconcentration and decentralization; the national flag; the date of proclamation of national independence. matters contained in paragraphs c) and i) may be reviewed through a national referendum, in accordance with the law. article 157. limits on time of revision no action may be taken to revise the constitution during a state of siege or a state of emergency. part vii. final and transitional provisions article 158. treaties, agreements and alliances confirmation, accession and ratification of bilateral and multilateral conventions, treaties, agreements or alliances that took place before the entry into force of the present constitution shall be decided upon on a case-by-case basis by the respective competent organs. the democratic republic of east timor shall not be bound by any treaty, agreement or alliance entered into prior to the entry into force of the constitution which is not confirmed or ratified or has not been adhered to, pursuant to number 1 above. the democratic republic of east timor shall not recognize any acts or contracts concerning the natural resources, referred to in number 1 of article 139 entered into or undertaken prior to the entry into force of the constitution which are not confirmed by the competent organs after the constitution enters into force. article 159. working languages the indonesian and the english languages shall be working languages within the public administration side by side with official languages as long as it is deemed necessary. article 160. serious crimes acts committed between the 25th of april 1974 and the 31st of december 1999 that can be considered crimes against humanity of genocide or of war shall be liable to criminal proceedings in the national or international courts. article 161. illegal appropriation of assets illegal appropriation of mobile and fixed assets that took place before the entry into force of the present constitution is considered crime and shall be resolved as provided for in the constitution and the law. article 162. reconciliation it is incumbent upon the commission for reception, truth and reconciliation to discharge functions conferred to it by untaet regulation no. 2001/10. the competences, mandate and the objectives of the commission may be redefined by the parliament whenever necessary. article 163. transitional judicial organization the collective judicial instance existing in east timor, integrated by national and international judges with competences to judge serious crimes committed between the 1st of january and the 25th of october 1999, shall remain in effect for the time deemed strictly necessary to conclude the cases under investigation. the judicial organization existing in east timor on the day the present constitution enters into force shall remain in effect until such a time as the new judicial system is established and starts its functions. article 164. transitional competence of the supreme court of justice after the supreme court of justice starts its functions and before the establishment of courts as referred to in article 129, the respective competence shall be exercised by the supreme court of justice and other courts of justice. until such a time as the supreme court of justice is established and starts its functions all powers conferred to it by the constitution shall be exercised by the highest judicial instance of the judicial organization existing in east timor. article 165. previous law laws and regulations in force in east timor shall continue to be applicable to all maters except to the extent that they are inconsistent with the constitution or the principles contained therein. article 166. national anthem until the national anthem is approved by the ordinary law pursuant to number 2 of article 14 "pátria, pátria, timor -leste a nossa nação" shall be sung in official ceremonies. article 167. transformation of the constitutional assembly the constitutional assembly shall be transformed into a national parliament upon the approval of the constitution of the republic. the national parliament, in its first term of office, shall be exceptionally comprised of eighty-eight deputies. the president of the constituent assembly shall remain in office until the national parliament elects its president in conformity with the constitution. article 168. the transitional government the government appointed under untaet regulation no. 2001/28 shall remain in office until the first constitutional government is appointed and sworn in by the president of the republic, in conformity with the constitution. article 169. presidential election of 2002 the president elected under untaet regulation no. 2002/01 shall take on the competences and fulfill the mandate provided for in the constitution. article 170. entry into force of the constitution the constitution of the democratic republic of east timor shall enter into force on the 20th of may of 2002. preamble the gabonese people, conscious of its responsibility before god and history, animated by the desire to assure its independence and its national unity, to organize a communal life after the principles of national sovereignty, of pluralistic democracy, of social justice and republican legality. affirm solemnly its attachment to human rights and to fundamental liberties that result from the declaration of the rights of man and the citizen of 1789 and from the universal declaration of human rights of 1948, consecrated by the african charter of the rights of man and the rights of peoples of 1981, and by the national charter of liberties of 1990. proclaim solemnly its attachment to its profound and traditional social values, to its material and spiritual cultural patrimony, and to its respect of the liberties, rights and duties of the citizen. by virtue of these principles and of the sovereignty of the people, it adopts the present constitution. preliminary title. of fundamental principles and rights article 1 the gabonese republic recognizes and guarantees the inalienable and imprescriptible human rights, which are necessarily tied to the public powers: each citizen has the right to the free development of his or her personality, while respecting the rights of others and the public order. no one may be humiliated, mistreated or tortured, even during moments of arrest or imprisonment; the liberty of consciousness, thought, opinion, expression, communication, and the free practice of religion, are guaranteed to all, limited only by a respect for the public order; the liberty to come and go within the territory of the gabonese republic and to leave and return is guaranteed to all gabonese citizens, limited only by a respect for the public order; the rights to defense, in the case of a trial, are guaranteed to all. preventative detention must not exceed the time period provisioned by the law; the privacy of correspondence, of postal, telegraphic, telephonic and telematics communications is inalienable. a restriction on this right to privacy may not be ordered except through an application of the law, in the interest of the public order and national security; limits to the use of computing technology may be fixed by the law in the interest of preserving personhood, one’s personal and familial intimacy, and the full exercise of one’s rights; each citizen has the duty to work and the right to obtain employment. none may be discriminated against in one’s work because of his or her origins, sex, race or opinions; the state, according to its means, guarantees to all, notably to children, mothers, the handicapped, aged workers and the elderly the protection of health, social security, a preserved natural environment, rest and leisure; all gabonese citizens residing temporarily or permanently abroad benefit from the protection and assistance of the state, according to conditions fixed by national law or international accord; all people, as individuals or as groups, have the right to own property. none may be deprived of one’s property, if not for a public necessity, legally declared, required and under conditions of a just and prior compensation. notwithstanding, the dispossession of abandoned buildings justified by public utility and or an insufficiency of development is regulated by the law; all gabonese have the right to freely fix his or her domicile or residence in any part of the national territory and to there exercise all activities, respecting the public order and the law; the domicile is inalienable. a search of the home may only be ordered by a judge or by the other authorities designated by the law. searches must be executed within the law’s prescriptions. measures that may threaten or restrict the inalienability of the domicile may only be taken to address community dangers or to protect the public order against imminent menaces, notably epidemic risks or persons in immediate danger; the right to form associations, political parties or groups, syndicates, companies, establishments of social interest as well as religious communities is guaranteed to all within the conditions fixed by the law; religious communities independently regulate themselves and their affairs, respecting the principles of national sovereignty, the public order and the preservation of the moral and mental integrity of the individual. any associations, political parties or groups, syndicates, companies, establishments of social interest or religious communities performing activities contrary to the law, morality, or the goodwill of ethnic groups or communities may be prohibited according to the terms of the law. all discriminatory acts based on race, ethnicity, or religion, including all regionalist propaganda threatening interior or exterior national security or the integrity of the state is punishable by the law; the family is the natural cellular base of society, and marriage is its legitimate structure. they have particular protection from the state; the state has the responsibility of organizing a general population census every ten years; the care given to children and their education constitute a natural right for parents and a responsibility that they exercise under the surveillance and with the aide of the state and its public collectivities. parents have the right, under the laws of obligatory education, to choose the moral and religious education of their children. in the eyes of the state, all children have the same rights regarding assistance to their physical, intellectual, and moral development; the protection of the country’s youth from exploitation and moral, intellectual and physical abandonment, is an obligation of the state and the public collectivities; the state guarantees equal access to instruction, professional development and culture for children and adults; it is the state’s responsibility to organize public education based on religious neutrality and, according to its means, provide it freely to the public; the awarding of diploma rests a right of the state; nevertheless, the freedom to educate is guaranteed to all. all persons may open a kindergarten, primary, secondary, or superior school, or a university, according to the conditions fixed by the law. the law determines the conditions in which the state and the public collectivities may participate in the financial needs of private educational institutions, recognized for their public utility. in public educational institutions, religious instruction may be dispensed to students at the demand of their parents, in the conditions determined by the relevant regulations. the law fixes the conditions of function of private educational establishments based upon their specialties; the nation proclaims the solidarity and equality of all before its public financial obligations. all must participate, in proportion of their resources, in the funding of public expenses. the nations proclaim additionally the solidarity of all before expenses or debt that result from natural and national calamities. each citizen is obligated to defend their homeland, and to protect and respect the constitution, the laws and the regulations of the republic; the defense of the nation and the maintenance of public order are essentially assured by the forces of defense and national security. consequentially, neither person, nor group of people may constitute themselves as a private militia or para-military group; the forces of defense and national security are at the service of the state. in times of peace, the armed forces of gabon may participate in the economic and social development of the nation; no one may be arbitrarily detained; if deemed appropriate by the necessities of security and procedure, no one may be kept in police custody or temporary imprisonment if he or she presents sufficient guarantees of legal representation. all defendants are to be presumed innocent until proven guilty, following a trial with the standard guarantees for their defense. the judicial power, guardian of individual liberty, assures the respect of these principles in the time periods fixed by the law. first title. of the republic and its soveriegnty article 2 gabon is an indivisible, secular, democratic and social republic. it affirms the separation of state and religion, and recognizes all religious beliefs, limited only by the respect of the public order. the gabonese republic assures equality for all citizens before the law, making no distinction of origin, race, sex, opinion or religion. the national emblem is the tricolored flag, “green, yellow and blue,” as three horizontal bands of equal dimensions. the national anthem is “la concorde”. the slogan of the republic is: “union-labor-justice”. the seal of the republic is a “mother and child nursing”. the national maxim is: “government of the people, by the people and for the people.” the gabonese republic adopts french as the official language of work and labor. additionally, the republic works to protect and promote the national language. the capital of the republic is libreville. the capital cannot be transferred to another location without a law resulting from a referendum. the national holiday is celebrated on august 17th. article 3 national sovereignty belongs to the people that exercise it directly, by referendum or by election, according to the principle of pluralistic democracy, and indirectly by the nation’s constitutional institutions. no faction of people, group, or individual can claim to solely exercise national sovereignty, nor hinder the regular function of institutions of the republic. article 4 suffrage is universal, equal, and secret. it may be direct or indirect, following the provisions of the constitution or the law. the polls open for one voting round for all political elections. all gabonese of both sexes, of at least 18 years of age, with their full civil and political rights, are considered voters according to the conditions provisioned by the constitution and the law. all gabonese of both sexes, with their full civil and political rights, are considered eligible, according to the conditions provisioned by the constitution and the law. in a state of emergency duly declared by the constitutional court called upon by the government, the member or members of the institution concerned will rest in office until the results of the election organized in the time periods fixed by the constitutional court are released. article 5 the gabonese republic is organized according to the principles of national sovereignty, and the separation of the executive, legislative and judicial powers of the state. article 6 parties and political groups compete through the expression of suffrage. they may form and exercise their activities freely, within the guidelines fixed by the law, according to the principles of a multiparty system. they must respect the constitution and the laws of the republic. article 7 all acts proposing harm to the republican tradition, the unity, the secular principles of the state, its sovereignty or its independence constitute a crime of high treason punishable by the law. title ii. of the executive power i. of the president of the republic article 8 the president of the republic is the chief of state; he or she ensures respect of the constitution; the president assures, by his or her determination, the regular function of public powers as well as the continuity of the state. the president determines, in concert with the government, the policies of the nation. the president is the supreme bearer of executive power, which he or she shares with the prime minister. article 9 the president of the republic is elected for a presidential term of seven (7) years, by universal and direct suffrage. the president is re-electable. the election is won by the candidate who obtains the largest number of votes. article 10 all gabonese citizens, male and female, who are at least forty (40) years old, have resided in gabon for at least twelve (12) months, and who enjoy their full civil and political rights are eligible to run for the seat of the presidency. all gabonese benefiting from another nationality, through which he or she exercises political or administrative responsibilities in another country, may not be a presidential candidate. any person naturalized into gabonese citizenship may not present his or herself as a presidential candidate. only their descendants, having resided in gabon without discontinuity, may present themselves beginning with the fourth generation of descendants. if before the vote, the constitutional court, called upon according to the conditions previsioned by the law, affirms the death or hindering circumstance of one of the candidates, the court will pronounce a postponement of the elections. the constitutional court may extend the provisioned time periods conforming to article 11 below, but the elections may not take place more than thirty-five (35) days after the date of the decision of the constitutional court. if an application of the policies in the present paragraphs postpones the election to a date beyond the last day in office of the current president, he or she will remain in office until the election of the successor. the ways and means by which the present article may be applied are fixed by organic law. article 11 the presidential term begins on the day he presents himself for the presidential oath and finishes at the end of the seventh year following his election. the election of the president of the republic takes place at least a month and at most two months before the end of the previous president’s term. a current president may not shorten his or her term in any manner to run for another term. if the current president of the republic runs for the next presidential term, the national assembly may not be dissolved. the president may also not exercise his power to legislate by ordinance from the moment he announces his candidacy up to the election. in cases of necessity, parliament may convene in an extraordinary session. article 11a the presidential oath marks the beginning of the presidential term. it may not take place before the constitutional court’s decision to proclaim the official election results. if there is no dispute of the results, the constitutional court’s decision will take place on the eighth (8th) day following the announcement of the results by the relevant administrative authority. if there is a dispute, the court’s decision must take place within a maximum delay of fifteen (15) days from the eighth (8th) day following the announcement of election results. if the death or permanent impairment of the current president who was not re-elected in the most recent presidential elections takes place before the end of his or her term, the president-elect will immediately take the oath of office. if the constitutional court’s decision on the election results has not been announced, the presidential vacancy will be addressed according to article 13 below. the death or permanent impairment of the president elect or reelected, taking place in the period between the proclamation of the election results and the end of the current president’s term, will put into effect the ensemble of electoral operations according the to conditions and time periods provisioned by article 10 above. in this case, once the vacancy is announced, the functions of the presidential office are assured conforming to the dispositions of article 13 below. during the period that separates the proclamation of the presidential election results and the beginning of a new presidential term, the national assembly cannot be dissolved, nor may a revision to the constitution commence or finish. article 12 at the moment of the president’s entry into office, the president of the republic will solemnly take the oath below, before the parliament and the constitutional court, the left hand on the constitution, and the other hand raised before the national flag: “i promise to devote all my energies to the good of the gabonese people, to assure their wellbeing and to protect them from all misfortune, to respect and defend the constitution and the state of law, to fulfill conscientiously the duties of my position and to be just to all.” article 13 in case of a vacancy of the presidential office for whatever reason, or a permanent impairment of the current president, affirmed by the constitutional court called upon by the government through an absolute majority of its members, or failing that, by the bureaus of the two chambers of parliament with a majority of their members, the president of the senate will temporarily exercise the duties of the president of the republic, or in case of permanent impairment of the president of the senate, affirmed by the constitutional court called upon in the same conditions, the first vice-president of the senate will temporarily carry out the duties of the presidential office. the authority that assumes the presidential office in the interim will be temporarily invested with the full duties and powers of the president of the republic, to the exclusion of certain duties and powers provisioned by articles 18, 19, and the first paragraph of 116. the temporary president may not present him or herself as a candidate of the next presidential election. before his or her entry into office, the authority concerned will take the oath of office according to the conditions of article 12 above. in the case of a vacancy, or if the president’s impairment is declared permanent by the constitutional court, the polls for the election of the new president, excluding cases of emergency announced by the constitutional court, will take place at least thirty (30) days or at most sixty (60) days after the beginning of the vacancy or the declaration of a permanent impairment of the president. article 14 the functions of the presidential office are incompatible with the exercise of all other public and private functions of a lucrative character. article 14a the president of the republic is assisted by a vice-president of the republic. the vice-president of the republic is nominated by the president of the republic who can terminate his or her duties, after the consultation of the presidents of the two chambers of parliament. the vice-president of the republic may be chosen from the members of parliament, or outside the legislature. article 14b the functions of the vice-president of the republic are incompatible with the exercise of all other public and private functions of a lucrative character. article 14c the vicpresident of the republic takes the oath of office before the president of the republic and in the presence of the constitutional court, according to the terms below: “i promise to respect the constitution and the state of law, to fill conscientiously the duties of my position in the strictest respect of the obligation of loyalty and confidentiality to the chief of state.” article 14d the vice-president of the republic stands in for the president of the republic in the duties that the president delegates to him. the manner in which the present article may be applied is fixed by an organic law. article 14e the functions of the vice-president of the republic end at the issuing of the proclamation of the next presidential election results by the constitutional court and in the case of a vacancy in the presidential office for whatever reason, or a permanent impairment of the current president of the republic. article 15 the president of the republic nominates the prime minister. the president may terminate the prime minister’s post, of his own initiative or by the prime minister’s presentation of his or her resignation from the government, or following a vote of disapproval or the adoption of a motion of censure by the national assembly. by proposal, the prime minister may nominate other members of the government and terminate their posts. article 16 the president of the republic summons and presides over the council of ministers and by decree, the daily agenda. the vice-president of the republic is a member of it by right. if appropriate, her or she may substitute the president of the republic through express authorization and a defined order of business. article 17 the president of the republic promulgates the laws definitively adopted within the twenty-five (25) days that follow their transmission to the government. this delay may be reduced to ten (10) days in cases of urgency declared by the national assembly, the senate or the government. the president may, during the time period given for promulgation, request from parliament a new deliberation of a law or its individual articles. parliament may not refuse a new deliberation. the text, submitted to a second deliberation, must be adopted by a majority of two-thirds of parliament’s members, either as its initial form or with modifications to the initial text. the president will promulgate the law in the time periods specified above. failing to promulgate a law in the conditions and time periods above, the president must refer the text to the constitutional court. if the constitutional court rejects the president’s submission, the president will promulgate the law in the conditions and time periods specified above. article 18 the president of the republic may, through his own initiative, or through proposition of the government, the national assembly or senate with an absolute majority, during parliament’s sessions, submit to a referendum all projects of law related to the principles contained in the preamble or the preliminary title of the constitution, touching directly or indirectly upon the functioning of institutions. when a referendum has lead to the adoption of a proposed law, the president of the republic will promulgate the law conforming to article 17 above. article 19 the president of the republic can, after the consultation of the prime minister and the presidents of the two chambers of parliament, pronounce the dissolution of the national assembly. however, recourse to this decision, limited to two (2) times in the same presidential term, may not occur again in the twelve (12) months that follow the first dissolution. the general elections take place at least thirty (30) days and at most forty-five (45) days after the publication of the decree announcing the dissolution. the national assembly will rightfully reunite on the second tuesday following their election. if this reunion takes place outside of the periods provisioned for ordinary sessions, a session will rightfully open for the duration of fifteen (15) days. article 20 the president of the republic nominates, in the council of ministers, to the superior civil and military duties of the state, in particular the ambassadors, special envoys, and superior and general officers. an organic law defines the mode of accession to these posts. article 21 through the president of the republic, ambassadors and the special envoys are accredited before international powers and organizations. international ambassadors and special envoys are accredited before the president. article 22 the president of the republic is the supreme chief of the security and defense forces. by this title, questions regarding security and defense fall under his direct authority. the president of the republic presides over the superior council of national defense and public security, and the committees of defense and security. the prime minister may stand in for the president by express authorization and for a determined agenda. the ministers in charge of defense and security assure the direction of the committees on military and civil defense according to their areas of competence. a law establishes the means by which the present article may be applied. article 23 the president of the republic has the right to pardon. article 24 the president communicates with each chamber of parliament through messages to be read by their presidents. at the president’s demand, he or she may be heard by a convened parliament. the president’s communicates are not subject to dispute. outside regular sessions, each chamber may be specially convened to this effect. article 25 the president may, when circumstances require it, after deliberation with the council of ministers and consultation of the bureaus of the national assembly and the senate, proclaim by decree a state of urgency or a state of siege, that will confer to the president special powers within the conditions determined by the law. article 26 when the institutions of the republic, the independence or superior interests of the nation, the integrity of its territory or the execution of its international engagements are menaced in a serious and immediate manner, and the regular function of the constitutional public powers is interrupted, the president of the republic may take measures demanded by the circumstances, after official consultation with the prime minister, the presidents of the national assembly and the senate as well as the constitutional court. the president will inform the nation of such measure by direct communication. these measures must be motivated by the desire to assure to the constitutional public powers, in the shortest delay, the means to accomplish their missions. the constitutional court is consulted on these measures. the parliament will rightfully convene. the national assembly may not be dissolved during the president’s exercise of exceptional powers, nor may any revisions to the constitution be undertaken or completed. article 27 the actions of the president of the republic, other than those outlined in articles 15 (paragraph 1), 17 (paragraphs 1, 2, and 3), 18, 19, 23, 89, 98 and 116, must be counter signed by the prime minister and the members of government charged with their execution. ii. of the government article 28 the government conducts the policies of the nation, in concert and under the authority of the president of the republic. the government arranges, to this effect, the administration and forces of defense and security. the government is responsible before the president of the republic and the national assembly, according to the conditions and procedures provisioned by the present constitution. article 28a within forty-five (45) days, after the nomination and deliberation of the council of ministers, the prime minister will present before the national assembly his or her general policy program that will lead to an open debate, followed by a vote of confidence. the vote is obtained by an absolute majority of the members of the national assembly. article 29 the prime minister directs the actions of the government. he or she assures the execution of the laws. according to the conditions of article 20 mentioned above, the prime minister exercises regulatory power and nominates civil and military posts of the state. the prime minister stands in for the president of the republic in the aforementioned situations. he or she may delegate certain powers to other members of government. a replacement for the prime minister is assured by a member of the government designated by a decree of the president of the republic, according to the order of nomination of the decree that arranged the composition of the government. the minister taking over the duties of the prime minister in the interim is temporarily invested with the full rights and powers of the position. the actions of the prime minister are to be countersigned by the members of the government charged with their execution. article 29a the prime minister may, when circumstances demand it, after deliberation with the council of ministers and consultation of the presidents of the chambers of parliament, proclaim by order a state of watch, according to the conditions determined by the law. the proclamation of a state of alert, by order of the prime minister, will take place after the deliberation of the council of ministers and consultation of the bureaus of the two chambers. the extension of a state of watch or a state of alert beyond twenty-one (21) days is to be authorized by the parliament. article 30 the projects of law, ordinances and regulatory decrees are deliberated by the council of ministers after consultation with the council of state. article 31 the government is composed of the prime minister and other members of government. the prime minister is the chief of government. the members of government may be chosen from within and outside of parliament. members must be at least thirty (30) years old and have their full set of civil and political rights. a member of government is eligible for one (1) national and one (1) local term. article 32 the functions of a member of government are incompatible with the exercise of a parliamentary position. an organic law fixes the salaries and advantages accorded to members of government, and enumerates the other public functions and private actions that are incompatible with a member’s public post. article 33 the members of government are politically connected. they are responsible for punishable offenses committed in the exercise of their official duties. article 34 the duties of the members of government end at the oath of office given by the next president of the republic, at the release of the proclamation of legislative election results by the constitutional court and in case of a vacancy of the presidential office for whatever reason, or for a permanent impairment of the current president. in all cases, the government assures the expedition of current affairs until the formation of a new government. title iii. of the legislative power article 35 the legislative power is represented by a parliament composed of two chambers: the national assembly and the senate. the members of the national assembly carry the title of deputy. they are elected for a term of five (5) years by direct universal suffrage. the members of the senate carry the title of senator. senators are elected for a term of six years by direct universal suffrage. they must be at least forty (40) years old. the senate assures the representation of local collectivities. the chambers of parliament may completely renew themselves at least one month and at most six months before the expiration of the current legislative term. the deputies’ term begins the day of the election of the members of the bureau of the national assembly, and finishes at the end of the fifth (5th) year following the election. the senators’ term begins the day of the election of the members of the bureau of the senate, and finishes at the end of the sixth (6th) year following the election. no electoral district may be redrawn in the year preceding the normal elections of members for either of the chambers. article 36 the parliament votes on the law, approves tax policies and checks the power of the executive branch according to the conditions provisioned by the present constitution. article 37 an organic law determines, for each of the chambers, the number of parliament members, their compensation, the terms and conditions of their election as well as the system determining ineligibility and incompatible positions or conditions. the organic law equally determines the conditions in which the officials called upon to replace empty member seats before the next parliamentary elections may be elected, as well as the system determining ineligibility and incompatible positions or conditions. article 38 no member of parliament may be prosecuted, investigated, arrested, detained or judged due to his or her own expressed opinions or votes related to the exercise of parliamentary duties. no member may be, during the course of parliamentary sessions, pursued, investigated or arrested on criminal or minor charges without the authorization of the bureau of the chamber concerned, except in cases of flagrant misconduct or definitive condemnation. the detention or prosecution of a member of parliament is suspended until the end of his or her term, unless parliamentary immunity has been lifted. article 39 all imperative mandates are nullified. nonetheless, in the case of the dismissal or exclusion, within the statutory conditions, of a member of parliament from his or her political party at the moment of his or her election, if the party represented the member for his or her candidacy, that member’s seat will become vacant at the date of his or her demission or exclusion. in such a case, a partial election will proceed within a two (2) day delay. the parliament members’ right to vote is individual. the regulations of each chamber authorize the exception of a delegated vote. no member may delegate his or her vote more than once in one term. article 40 each chamber of parliament will rightly convene on the first (1st) day following the fifteenth (15th) day after legislative elections. their agenda will exclusively address the election of the president and the bureau. the presidents and other members of the bureaus of the national assembly and senate are elected by their peers, for the duration of the current legislature’s term, by secret vote, conforming to the conditions of the regulations of the relevant chamber. at any moment, after their entry into office, the concerned chamber may dismiss its president and other members of the chamber’s bureau, following a vote of disapprobation with an absolute majority. article 41 the parliament will rightly reunite in two (2) sessions per year. the first session will open the first business day in march and ends, at the latest, the last business day of june. the second session will open the first business day of september and ends, at the latest, the last business day of december. article 42 the parliament will rightfully convene during the duration of a state of siege and in the case provisioned by article 26 above. article 43 the chambers of parliament will reunite in an exceptional session, summoned by their presidents, for a specific agenda at the demand of either the president of the republic proposed by the prime minister, or the absolute majority of their members. these exceptional sessions are opened and terminated by decree of the president of the republic. they may not exceed a duration of fifteen (15) days. article 44 parliament’s sessions are public. a comprehensive report of parliament’s debates is published in the journal of debates. each of the two (2) chambers may, under the control of their respective bureaus, release through public media a broadcast of their debates in the respect of pluralism, conforming to the dispositions of their regulations. each of the two (2) chambers may welcome the president of the republic, a chief of state, or a member of a foreign government. each chamber of parliament may have in-camera sessions at the demand of either the president of the republic, the prime minister or a fifth of the chamber’s members. article 45 each chamber of parliament votes on their rules of operation, which may take effect after constitutional court recognizes the legitimacy of their rules. any further modifications must also be submitted to the court’s scrutiny. article 46 each chamber of parliament enjoys administrative and financial autonomy. title iv. of the relationship between the executive and legislative powers article 47 besides cases expressly provisioned by the constitution, the law fixes the rules concerning: the exercise of fundamental rights and duties of citizens; the constraints imposed on gabonese citizens and foreigners, over their person and their possessions, in view of public utility and in particular, national security. the conditions of nationality, the state and capacity of the people, the institution of marriage, inheritance and gifts, and the status of foreigners and immigration; the organization of the civil state; audiovisual, cinematographic and written communication. the conditions governing the use of information technology with a view to protect a citizen’s honor and personal and familial intimacy, as well as the full exercise of a citizen’s rights; the electoral system of the national assembly, of the senate and the local councils. the organization of the judiciary, and the status of magistrates. the organization of the ministerial and public offices, the declaration of the ministerial officers; the determination of crimes and offenses as well as their applicable punishments, the penal procedures, the penitentiary system and amnesty; the state of watch, urgency, alert and siege; the system of associations, of political parties, formations and syndicates; the basis, the rate and the means of collecting taxes of all nature, and the system of issuing currency; the general and particular statutes regarding public functions; the nationalization of private companies and the transfers of the property of enterprises from the public to the private sector; the general organization of administration and finance; the creation, the function and the independent administration of the territorial collectivities, their authorities, their resources and their basis for taxes; the conditions of all societies’ participation at the state’s capital, and the control of the state over the administration of these societies; the regulations over land, property, forest, mining, and the environment; the protection of the artistic, cultural and archeological patrimony; the protection of nature and the environment; the system governing property, real rights, and civil and commercial obligations; the loans and other financial engagements of the state; economic and social programs; the conditions in which laws of finances of the state are presented and voted upon, and the accounts of the state are balanced; the laws of finance determining the resources and expenditures of the state within the conditions provisioned by an organic law; the policy and planning acts that fix the economic, social, cultural and national defense objectives of the state. the law additionally determines the fundamental principles of: education; public health; social security; the right to work; the right to unionize including the conditions over the right to strike; insurance and savings; the general organization of national defense and public security. an organic law fixes the administrative organization of the republic’s territory. the dispositions of the present article may be clarified or supplemented by an organic law. article 48 all the resources and expenses of the state must, for every fiscal year, be evaluated and recorded into the annual budget, which the government must submit to the national assembly within forty-five (45) days after the opening of parliament’s second ordinary session. if the national assembly has not decided on the annual budget after the first reading within a period of forty-five (45) days after the budget has been submitted, the government will call upon the senate to make a decision within twenty (20) days. the senate will proceed with its examination of the law within the conditions provisioned in article 58a. if, during the budgetary session, parliament adjourns without voting in a balanced budget, the government is authorized to reuse, by ordinance, the preceding budget. this ordinance may nevertheless provision, in cases of necessity, any reduction of expenditures or augmentation of revenue. at the demand of the prime minister, parliament will convene within fifteen (15) days in an exceptional session for a new deliberation. if parliament does not vote in a balanced budget by the end of their exceptional session, the budget will be definitively established by ordinance taken by the council of ministers, and signed by the president of the republic. new revenue that may be acquired by the state, if from direct taxes, contributions or other comparable taxes, are assessed for recovery on the first of january. the court of government accountability assists parliament and the government in the execution of the law of finances. the drafted law of payments established by the government, accompanied by the general declaration of compliance and the court of government accountability’s general report must be submitted to parliament, at the latest, during the first ordinary session of the second year that follows the execution of the budget concerned. article 49 a declaration of war by the president of the republic must be authorized by parliament. article 50 the extension of a state of emergency or a state of siege beyond fifteen (15) days must be authorized by parliament. article 51 the matters other than those that are the domain of the law have a regulatory character. they are subject to decrees of the president of the republic. these matters may, for the application of these decrees, be the subject of orders from the prime minister or, under the prime minister’s delegation, by the relevant ministers or other authorized administrative authorities. article 52 to execute its agenda the government may, in cases of urgency, request from parliament the authorization to enact measures normally within the domain of the law by ordinance during parliament’s intercession. the ordinances are received by the council of ministers after notifying the council of state, and are signed by the president of the republic. they enter into effect at the moment of publication. the ordinances must be ratified by parliament during their next session. parliament has the option to modify such ordinances with amendments. in absence of a law of ratification, the ordinances are nullified. ordinances can be modified by another ordinance or law. article 53 the initiative of law creation belongs to both the government and parliament. article 54 proposed laws are deliberated in the council of ministers after consultation with the council of state, and submitted to the bureau of one of the two (2) chambers of parliament. in the name of the prime minister, a member of government is charged, in the applicable case, with presenting the reasoning behind proposed law, and to support the discussion before the chambers of parliament. the proposal or drafting of an organic law may not be deliberated and voted upon by parliament until after the expiration of a time period of fifteen (15) days after its submission. proposed laws of finances and revisions to the constitution are submitted first to the national assembly. proposed laws related to local collectivities are presented first to the senate. all propositions of law transmitted to the government by parliament that has not been reviewed within sixty (60) days are automatically placed before parliament for deliberation. article 55 the members of parliament have the right to amend. proposed law and amendments originating from parliament are not receivable when their adoption would lead to either a reduction of public revenues, or the creation or aggravation of a public expense without the release of corresponding state funds. amendments may not be totally unrelated to the text they purport to amend. if the government requests it, the relevant parliamentary chamber will decide by a single vote, after a debate, on all or part of the text of the proposed amendments, and will only keep the amendments proposed or accepted by the government. article 56 if it appears, over the course of the legislative procedure, that a text or an amendment is not within the domain of the law in the sense given by the aforementioned article 47, or if it oversteps the limits of legislative authority accorded to the government by virtue of article 52, the prime minister or the president of the concerned chamber at the demand of a fifth of its members, may raise the issue of inadmissibility. in the case of disagreement, the constitutional court will be called. the court will decide on the matter within eight (8) days. article 57 the daily agenda of parliament will include the discussion of drafted laws submitted by the government and of propositions of law accepted by it. the government is informed of the work of the chambers and their commissions from the daily agenda. the prime minister and other members of the government have the right of access and speech before the chambers of parliament and their commissions. they are heard at their request or the request of the parliament. article 58 an expedited vote on a proposed law may be demanded either by the government or by the members of parliament with an absolute majority. with regard to expedition of organic laws, the usual delay of fifteen (15) days will be shortened to eight (8) days. article 58a all drafted or proposed laws are successively examined in the two chambers of parliament in view of the future adoption of an identical text. if a bill is not agreed upon and adopted in the two chambers following a single reading, the prime minister may invoke a commission of members from both chambers, who will be charged with proposing a revised text after discussion. if the commission does not settle on an agreed upon text, the government will call upon the national assembly for a definitive decision. if the commission does adopt a common text, the revised bill must be adopted by each chamber separately to become law. the procedure related to the adoption of a budget is identical to that of an ordinary law, within the particular conditions outlined in article 48 above. article 59 drafted and proposed laws are sent, for review, to the relevant commissions of each chamber of parliament before deliberation in a general session. after the opening of public debates, no amendment may be reviewed if it has not already been submitted to the relevant commission. article 60 the organic laws provisioned by the present constitution are deliberated and voted upon according to the general legislative procedure. organic laws, before their promulgation, are deferred to the constitutional court before the prime minister. article 61 the means of control of the legislative branch over the executive branch are the following: interrogation, written and oral questioning, commissions of investigation and control, the motion to censure exercised by the national assembly within the conditions provisioned by article 64 in this present constitution. a weekly session is reserved for questions posed by parliament members to members of the government. questions regarding current affairs may become the subject of interrogations of the government, even during extraordinary sessions of parliament. the executive branch must furnish parliament with all demanded information regarding its affairs and activities. article 62 an organic law determines the conditions in which a written question may become an oral question with debates, and the conditions of the organization and function of commissions of investigation and control. a weekly session may be devoted to the examination of oral questions related to the activity. article 63 the prime minister, after the deliberation of the council of ministers, assumes the responsibility of the government before the national assembly by posing the issue of confidence, either through a declaration of general policy or through a section of a law. the debate over the question of confidence will take place three days after it has been posed. confidence cannot be refused without an absolute majority of the members of the national assembly. article 64 the national assembly may call into question the government’s leadership by a vote for a motion of censure. such a motion will be inadmissible if it does not receive signatures from at least a fourth of the members of the national assembly. the vote for a motion of censure may not take place before three (3) days after its submission. the motion of censure may not be voted in without an absolute majority of votes from the members of the national assembly. if the motion of censure is rejected, its signatories may not propose another motion in the same session, except in the scenario provisioned in article 65 below. article 65 when the national assembly adopts a motion of censure or refuses its confidence to the prime minister, the prime minister must immediately submit his resignation to the president of the republic. the resignation of the prime minister also implies the collective resignation of the government. a new prime minister will be named according to the conditions provisioned in article 15. article 66 the closing of ordinary or extraordinary sessions may be rightfully postponed to permit, in the relevant cases, the application of the dispositions of articles 25, 26, and 50 above. title v. of the judicial power article 67 justice is rendered in the name of the people of gabon by the constitutional court, the jurisdictions of the judicial, administrative and financial orders, the high court of justice, and other authorities of exception. article 68 the president of the republic guarantees the independence of the judicial power, respecting the dispositions of the present constitution. judges report only to the authority of the law to exercise their powers. article 69 the superior council of the magistracy exercises judicial authority, watching over the proper administration of justice and presides over the nominations, allocations, advancements and discipline of the magistrates. article 70 the president of the republic presides over the superior council of the magistracy. the minister of justice, the attorney general, assures the first vice-presidency of the superior council of the magistracy. the presidents of courts assure the second vice-presidency. three deputies and two senators, designated by the president of each chamber, represent parliament with a consultative voice. article 71 the minister charged with the budget assists the superior council of magistracy in an advisory role. article 72 an organic law fixes the composition, the organization and function of the superior council of the magistracy. ii. of the supreme court article 73 the supreme court is the highest authority in civil, commercial, social and penal matters and appeals. it is divided between civil, commercial, social, penal and appellate chambers. each chamber deliberates separately, according to its primary expertise. the supreme court may convene its chambers together within the conditions provisioned by the law. its orders hold absolute authority over the matter judged. article 73a the supreme court enjoys autonomous financial administration. the funds necessary for its functions are inscribed in the law of finances. article 73b an organic law fixes the organization, composition, competencies and function of the supreme court, the appellate courts and the tribunals of first instance tasked in civil, commercial, social, and penal matters and petitions. iii. of the council of the state article 74 the council of the state is the highest jurisdiction of the state in administrative matters. article 75 beyond its primary duties, the council of the state may be consulted within the conditions fixed by organic law outlined in article 75b below, and other laws. article 75a the orders of the council of the state hold absolute authority over the judged matter. article 75b the council of the state enjoys autonomy over its financial management. the funds necessary for its function are written in the law of finances. article 75c an organic law fixes the organization, composition, competence and function of the council of the state, the appellate courts and the administrative tribunals. iv. of the court of accountancy article 76 the court of accountancy is the highest authority of the state regarding the control of public finances. to this effect: it assures control over the execution of financial laws and informs the parliament and government of such; it verifies the regularity of revenues and expenses of the public accounts and assures from this, the proper use of credits, funds and investments managed by the services of the state or by the other moral persons of the public law; it assures the verification of accounts and the management of the public enterprises and organizations benefitting from public finances; it reviews the accounts of public accountants; it declares and audits unaccredited management; it sanctions management errors related to the state, the local collectivities and the organizations subject to its authority. article 77 the court of accountancy exercises autonomous management of its finances. the funds necessary to its function are written in the law of finances. article 77a an organic law fixes the organization, composition, jurisdiction and function of the court of accountancy and the provincial chambers of accounts. v. of the high court of justice and other jurisdictions of exception a. of the high court of justice article 78 the high court of justice is a temporary authority of exception. it judges the president of the republic in case of a violation of the oath office, or an offense of high treason. the president of the republic may be indicted by the parliament with a majority vote of two thirds of its members, by public vote. during the intercession, the prime minister will exceptionally receive parliament’s order of convocation. the vice-president of the republic, the presidents and vice-presidents of the constituted bodies, the members of government and the members of the constitutional court, as well as their accomplices and co-actors, are punitively responsible before the high court of justice for actions accomplished in the exercise of their duties qualified as crimes or offences at the moment they were committed in the case of an attempted threat against the security of the state. in this case, the high court is called, either by the president of the republic, the presidents of the chambers of parliament, or the general procurator before the supreme court through his or her own authority or through the appeal to all interested persons. by an organic law provisioned in article 81 of the constitution, the president of republic who had ceased to exercise his or her office may not be indicted, prosecuted, investigated, arrested, detained or judged on definitive facts. article 79 the high court of justice is constrained, with the exception of judgment of the president of the republic, by the definition of crimes and offences as well as by the determination of punishments that result from the applicable penal laws at the time the crimes were committed. article 80 the high court of justice is composed of thirteen (13) members of which seven (7) are professional magistrates nominated by the superior council of the magistracy and six (6) are members from within and elected by parliament, in proportion to the number of parliamentary groups. the president and vice-president of the high court of justice are elected among the magistrates mentioned in the preceding paragraph by the ensemble of members belonging to this institution. article 81 the rules of operation of the high court of justice, the applicable procedure before the court, and the definition of crimes of which the president of the republic may be accused are fixed by an organic law. b. of the other authorities of exception article 82 the other authorities of exception are equally considered temporary courts, created by the law. title vi. of the constitutional court article 83 the constitutional court is the high authority of the state in constitutional matters. it is the judge of the constitutionality of laws and of the legality of elections. it guarantees the fundamental human rights and public liberties of the country. it is the regulatory organ of the operations of the country’s institutions and of the activities of the public powers. article 84 the constitutional court obligatorily rules over: the treaties and international accords before their promulgation, verifying their conformity to the constitution; the general census of the population; the constitutionality of organic laws and other laws before their promulgation, of regulatory acts that directly affect the fundamental rights of the human person and public liberties; the regulations of the national assembly and the senate before their application, verifying their conformity to the constitution; the regulations of the national council of communication and the social and economic council before their application, verifying their conformity to the constitution; the conflicts of attribution between institutions and the state; the legality of presidential, parliamentary, and local collectivity elections, as well as the operations of referendum, its results the court proclaims. the constitutional court may be seized if any voter, candidate, political party or delegate of the government contests the validity of an election within the conditions provisioned by the organic law. article 85 the prime minister submits organic laws to the constitutional court before their promulgation. other categories of law as well as regulatory acts may be deferred to the constitutional court either by the president of the republic, the prime minister, the presidents of the chambers of parliament or a tenth of members from each chamber, the presidents of the supreme court, the council of the state and the court of accountancy, or any citizen or moral person damaged by the law or act in dispute. the constitutional court rules, according to an open procedure of which the conditions are fixed by an organic law, within a delay of one (1) month. however, at the demand of the government and in case of urgency, this delay will be shortened to eight (8) days. recourse to the constitutional court for a ruling will suspend the usual time period for the promulgation of the law or application of the act. laws or regulatory acts declared unconstitutional may not be promulgated or applied. article 86 all persons subject to a trial may, at the occasion of a trial before an ordinary tribunal, raise an exception of unconstitutionality against a law or act that abused their fundamental rights. the presiding judge may call upon the constitutional court by way of a prejudicial exception. the constitutional court will rule within one (1) month. if it rules that the law in question is contrary to the constitution, this law or regulatory act will be nullified as soon as the decision has been declared. parliament will examine, over the course of it next session, in the case of decisions rendering a law or regulatory act unconstitutional, the subsequent consequences of that decision. when the court rules a regulatory act unconstitutional, the president of the republic and the prime minister must remedy the resulting legal situation within one (1) month. article 87 the international engagements, provisioned in articles 113 and 115 below must be deferred, after their ratification, to the constitutional court, either by the president of the republic, the prime minister, the president of the national assembly, or by a tenth of the deputies in the national assembly. the constitutional court verifies, within a delay of one (1) month, if these engagements contain any clauses contrary to the constitution. however, at the demand of the government, if there is an emergency, this delay will be shortened to eight (8) days. if there are any unconstitutional clauses found, these international engagements may not be ratified. article 88 in additional to the duties provisioned by the constitution, the constitutional court may also interpret the constitution and other texts for their constitutional legitimacy, at the demand of the president of the republic, the prime minister, the president of the senate, the president of the national assembly, or a tenth of the deputies or senators. article 89 the constitutional court is comprised of nine (9) members who carry the title of constitutional judge. members of the constitutional court have a renewable term of seven (7) years. at the moment of renewal, at least one third (1/3) of the members named must be new. the nine members of the court are nominated as follows: three by the president of the republic of which one will be the president of the court; three by the president of the senate; three by the president of the national assembly. each of the authorities mentioned above must also nominate two (2) jurists of which at least one must be a magistrate. these jurists will be chosen from a list of aptitude created by the superior council of the magistracy. the constitutional judges are principally chosen from the professors of law, lawyers and magistrates at least forty (40) years old with at least fifteen (15) years of professional experience, and qualified leading figures honored for their service to the state, at least forty (40) years old. the president of the constitutional court is nominated to the position for the duration of his or her term. in case of a temporary impairment, the oldest of the constitutional judges will sit in for the president. in case of the death or demission of a member, the nominating authority of that seat will appoint a new member to finish the current term. former presidents of the republic are considered ex officio members of the constitutional court. article 90 the functions of the members of the constitutional court are incompatible with all other public functions and any private professional activity, not including exceptions provisioned by the organic law. the members of the constitutional court take the oath of office during a solemn ceremony presided over by the president of the republic before parliament, the supreme court, the council of the state and the convened court of government accountability. they will take the following oath, the left hand posed on the constitution and the right hand raised before the national flag: “i promise to conscientiously fulfill the duties of my position in the strictest respect of its obligations of neutrality and reserve, and to carry myself as a dignified and loyal magistrate.” article 91 the constitutional court submits an activities report each year to the president of the republic and the presidents of the chambers of parliament. it may, on this occasion, bring the public powers attention to their past decision making on legislative and regulatory matters and make suggestions it considers useful to the consolidation of the state of law. article 92 the decisions of the constitutional court are not subject to any recourse. they hold authority over the public powers, all administrative and judicial authorities, and all physical and moral persons. article 93 the constitutional court enjoys the autonomous management of its financial affairs. the necessary funds for the function of its court are inscribed in the laws of finances. the rules of organization of function of the constitutional court, as well as the procedure it follows, are determined by an organic law. title vii. of the national council of communication article 94 audiovisual and written communication is free in the gabonese republic, restricted only by respect of the public order, liberty and dignity of its citizens. article 95 to this effect, the national council of communication is instituted to watch over: the respect of expression of democracy and the liberty of the press in all of the territory; citizens’ access to free communication; equitable treatment of all political parties and associations; the respect of rules concerning the conditions of the production, programming, and diffusion of communications related to electoral campaigns; the control of programs and the current regulation of communication materials, as well as the regulations governing their use; the respect of the rules governing professionals in the communication field; the harmonization of programs between the channels of public radio and television; the policies governing the production of audiovisual and cinematographic works; the promotion and development of techniques of communication and the training of personnel in the field; the respect of quotas and gabonese programs diffused over public and private radio and television channels; the control of content and operations of diffused publicity on public and private radio and television channels; the recognition of contractual agreements made by public and private companies; the protection of children and adolescents from certain programming by public and private companies of audiovisual communications; the defense and illustration of gabonese culture; the respect and dignity of human rights by the organs of information and communication. article 96 in the event of legal violations, the national council of communication may address the concerned parties with public observations and apply the appropriate sanctions. article 97 all conflicts between the national council of communication and another public agency will be decided by the constitutional court at the request of one of the involved parties. article 98 the national council of communication is composed of nine (9) members nominated as follows: three by the president of the republic, of which one will be the president of the council; three by the president of the senate; three by the president of the national assembly. each of the authorities mentioned above will also nominate two communication specialists for the council. article 99 the members of the national council of communication must have credentials or skills in communication, public administration, the sciences, law, culture or the arts, a professional career of at least fifteen (15) years and be at least forty (40) years old. article 100 the members of the national council of communication have a term of five (5) years, which can be renewed. at the moment of renewal, a least a third (1/3) of the members must be replaced with new nominations. in case of a member’s death or resignation, the nominating authority over that seat will appoint a new member to finish the term. article 101 the president of the national council of communication will maintain his or her position for the duration of his or her term. the president is assisted by a vice-president, nominated within the same conditions and for the same length of term. in case of a temporary vacancy, the vice-president will fill the president’s seat. article 102 an organic law fixes the organization and function of the national council of communication, as well at the regulations regarding incompatible concurrent positions or responsibilities. title viii. of the economic and social council article 103 the social and economic council, governed by the dispositions of articles 8 paragraph 3, 28 paragraph 1, and article 53 above, has authority over all the aspects for economic, social and cultural development: the general direction of the country’s economy; financial and budgetary policies; policies governing natural resources; social and cultural policies; environmental policies. article 104 the economic and social council participates in all commissions of national interest with an economic and social character. with the participation of its different composite entities, it assembles and drafts an annual collection of goals, needs and issues of the civil society with relevant propositions addressed to the attention of the president of the republic, the government and parliament. article 105 the economic and social council is charged with giving its opinion on economic, social and cultural questions presented for its review by the president of the republic, the government, parliament or another public institution. it is obligatorily consulted on all economic, social and cultural planning and programming projects, as well as all legislative operations with a fiscal, economic, social or cultural character. it may participate in a project’s preliminary drafting. the prime minister, in the name of the government, may call upon the economic and social council for opinions or studies. article 106 the economic and social council may also proceed to analyze current issues in economic and social development. it submits its findings to the president of the republic, the government and presidents of the chambers of parliament. article 107 the economic and social council may nominate one of its members, at the request of the president of the republic, the government and the presidents of the chambers of parliament, to expose before these institutions the council’s opinion on the projects or positions of law it receives. the government and parliament are obligated, when they are called upon, to give a response to the opinions and reports formulated by the economic and social council within a maximum delay of three (3) months for the government, and before the end of their current session for parliament. the economic and social council receives a certified copy of all laws, ordinances and decrees at the moment of their promulgation. it ensures the execution of the government’s decisions related to the economic and social organization of the country. article 108 the economic and social council rightly convenes each year in two ordinary sessions of fifteen (15) days each. the first session begins on the third tuesday of february and the second session begins on the first tuesday of september. the opening of each session is postponed to the next day if the original day provisioned is not possible. if, outside of ordinary sessions, the council is called upon for a drafting of a law of finances, the council may convene in an extraordinary session for ten (10) additional days. the sessions of the economic and social council are public. article 109 the members of the economic and social council are: the representatives of trade unions, socio-professional associations, and groups elected by their group or association; superior executives of the state in the social and economic domains; the representatives of local collectivities nominated by their peers. in the case of the death or resignation of a council member, or the loss of his or her profession in the sector of origin, the new member nominated to the vacant seat will continue and finish the already begun mandate. article 110 the president of the economic and social council is nominated by the decree of the president of the republic from among the superior executives of the state nominated to the council. the two vice-presidents and other members of the bureau are nominated by the president’s decree from the proposal of union representatives and socio-professional associations or groups. the members of the council’s bureau hold their nominated positions for the entirety of their mandate. no member of the economic and social council may be pursued, investigated or judged for opinions expressed during the council’s sessions. article 111 an organic law fixes the internal organization, rules of operation and nomination of the members of the economic and social council. title ix. of the local collectivities article 112 the local collectivities of the republic are created by law. they cannot be modified or eliminated without the opinions of the relevant councils and within the conditions fixed by the law. the collectives administer themselves freely by the elected councils and within the conditions provisioned by the law, notably those that concern their authority and resources. article 112a local consultations, addressing specific problems not applicable to the law, may be organized at the initiative of either the elected councils or interested citizens according to the conditions fixed by the law. article 112b the conflicts of authority between local collectivities or a local collectivity and the state are taken before administrative jurisdictions at the request of the responsible authorities or the representative of the state. the representative of the state ensures the respect of national interests. an organic law specifies the manner in which the present title may be applied. title x. of international treaties and accords article 113 the president of the republic negotiates international treaties and accords and ratifies them after a vote on a law of authorization by the parliament and the verification of their constitutionality by the constitutional court. the president of the republic and the presidents of the chambers of parliament are informed of all deliberations leading to the conclusion of an international accord not submitted to ratification. article 114 peace, commercial, and international organization treaties, treaties related to the state’s finances, those that modify legislative operations, and those related to the wellbeing of the people must be approved or ratified through law. no amendment shall be admissible on this occasion. treaties will not be put into effect until after being duly ratified and published. no transfer, exchange, or annexation of territory is valid without the preliminary consultation of the gabonese people by a referendum vote. title xi. of the accords of cooperation and association article 115 the gabonese republic independently finalizes accords of cooperation or association with other states. it may accept to create with them international organizations of shared administration, coordination and free cooperation. title xii. of the revision of the constitution article 116 the initiative to revise the constitution concurrently belongs to the president of the republic, the collective council of ministers and members of parliament. all propositions of revision may be submitted to the bureau of the national assembly by at least a third of deputies, or to the bureau of the senate by at least a third of the senators. all projects or propositions of revision to the constitution, as well as all amendments to the document must be submitted, for consultation, to the constitutional court before the referendum or the reunion of parliament. the revision may be accepted either by a referendum vote or by a parliamentary vote. in the first case, the proposed revision will be submitted to a referendum by the president of the republic, conforming to the dispositions of article 18 above. in the second case, the national assembly and the senate respectively must vote upon the proposed revision without any modification before it is submitted to a convened parliament. the adoption of any proposed revisions of the constitution by a parliamentary vote requires at least a two-thirds vote from the members of the two reunited chambers. the president of the national assembly assures the leadership of the congress. the national assembly’s bureau will also serve as the bureau of the congress. the adoption of a proposed revision requires the qualified majority of two-thirds of the votes expressed in congress. the revision of the constitution cannot be proposed or completed in the case of a vacancy of the presidential seat, any recourse to emergency measures outlined in article 26 above, or any attempt against the integrity of the territory, as well as during any period that separates the proclamation of the results of the presidential election and the beginning of the next presidential term. article 117 the republican nature of the state, as well as its pluralistic character and democracy are intangible traits that cannot be the object of a constitutional revision. title xiii. of final and transitory dispositions article 118 the renewal of the constitutional court and the national council of communication will take place according to the normal terms of the current members at the moment of the promulgation of this law. article 119 the present law will be registered and published according to the procedure of urgency and executed as law of the republic. chapter i the republic of malta 1. the republic and its territories malta is a democratic republic founded on work and on respect for the fundamental rights and freedoms of the individual. the territories of malta consist of those territories comprised in malta immediately before the appointed day, including the territorial waters thereof, or of such territories and waters as parliament may from time to time by law determine. malta is a neutral state actively pursuing peace, security and social progress among all nations by adhering to a policy of non-alignment and refusing to participate in any military alliance. such a status will, in particular, imply that: no foreign military base will be permitted on maltese territory; no military facilities in malta will be allowed to be used by any foreign forces except at the request of the government of malta, and only in the following cases: in the exercise of the inherent right of self-defence in the event of any armed violation of the area over which the republic of malta has sovereignty, or in pursuance of measures or actions decided by the security council of the united nations; or whenever there exists a threat to the sovereignty, independence, neutrality, unity or territorial integrity of the republic of malta; except as aforesaid, no other facilities in malta will be allowed to be used in such manner or extent as will amount to the presence in malta of a concentration of foreign forces; except as aforesaid, no foreign military personnel will be allowed on maltese territory, other than military personnel performing, or assisting in the performance of, civil works or activities, and other than a reasonable number of military technical personnel assisting in the defence of the republic of malta; the shipyards of the republic of malta will be used for civil commercial purposes, but may also be used, within reasonable limits of time and quantity, for the repair of military vessels which have been put in a state of non-combat or for the construction of vessels; and in accordance with the principles of non-alignment the said shipyards will be denied to the military vessels of the two superpowers. 2. religion the religion of malta is the roman catholic apostolic religion. the authorities of the roman catholic apostolic church have the duty and the right to teach which principles are right and which are wrong. religious teaching of the roman catholic apostolic faith shall be provided in all state schools as part of compulsory education. 3. national flag the national flag of malta consists of two equal vertical stripes, white in the hoist and red in the fly. a representation of the george cross awarded to malta by his majesty king george the sixth on the 15th april, 1942 is carried, edged with red, in the canton of the white stripe. 4. national anthem the national anthem of malta is "l-innu malti" opening with the words "lil din l-art helwa l-omm li tatna isimha". 5. language the national language of malta is the maltese language. the maltese and the english languages and such other language as may be prescribed by parliament (by a law passed by not less than two-thirds of all the members of the house of representatives) shall be the official languages of malta and the administration may for all official purposes use any of such languages: provided that any person may address the administration in any of the official languages and the reply of the administration thereto shall be in such language. the language of the courts shall be the maltese language: provided that parliament may make such provision for the use of the english language in such cases and under such conditions as it may prescribe. the house of representatives may, in regulating its own procedure, determine the language or languages that shall be used in parliamentary proceedings and records. 6. constitution to be supreme law subject to the provisions of sub-articles (7) and (9) of article 47 and of article 66 of this constitution, if any other law is inconsistent with this constitution, this constitution shall prevail and the other law shall, to the extent of the inconsistency, be void. chapter ii. declaration of principles 7. right to work the state recognises the right of all citizens to work and shall promote such conditions as will make this right effective. 8. promotion of culture, etc the state shall promote the development of culture and scientific and technical research. 9. safeguarding of landscape and historical and artistic patrimony the state shall safeguard the landscape and the historical and artistic patrimony of the nation. 10. compulsory and free primary education primary education shall be compulsory and in state schools shall be free of charge. 11. educational interests capable and deserving students, even if without financial resources, are entitled to attain the highest grades of education. the state shall give effect to this principle by means of scholarships, of contributions to the families of students and other provisions on the basis of competitive examinations. 12. protection of work the state shall protect work. it shall provide for the professional or vocational training and advancement of workers. 13. hours of work the maximum number of hours of work per day shall be fixed by law. the worker is entitled to a weekly day of rest and to annual holidays with pay; he cannot renounce this right. 14. equal rights of men and women the state shall promote the equal right of men and women to enjoy all economic, social, cultural, civil and political rights and for this purpose shall take appropriate measures to eliminate all forms of discrimination between the sexes by any person, organisation or enterprise; the state shall in particular aim at ensuring that women workers enjoy equal rights and the same wages for the same work as men. 15. minimum age for paid labour the minimum age for paid labour shall be prescribed by law. 16. safeguarding labour of minors the state shall provide for safeguarding the labour of minors and assure to them the right to equal pay for equal work. 17. social assistance and insurance every citizen incapable of work and unprovided with the resources necessary for subsistence is entitled to maintenance and social assistance. workers are entitled to reasonable insurance on a contributory basis for their requirements in case of accident, illness, disability, old-age and involuntary unemployment. disabled persons and persons incapable of work are entitled to education and vocational training. 18. encouragement of private economic enterprise the state shall encourage private economic enterprise. 19. protection of artisan trades the state shall provide for the protection and development of artisan trades. 20. encouragement of co-operatives the state recognises the social function of co-operatives and shall encourage their development. 20a. participation of maltese citizens living abroad the state shall facilitate the participation of maltese citizens who live abroad in the political, social, economic and cultural life of malta. 21. application of the principles contained in this chapter the provisions of this chapter shall not be enforceable in any court, but the principles therein contained are nevertheless fundamental to the governance of the country and it shall be the aim of the state to apply these principles in making laws. chapter iii. citizenship 22. citizenship regulated by law the acquisition, possession, renunciation and loss of maltese citizenship shall be regulated by law. dual or multiple citizenship is permitted in accordance with any law for the time being in force in malta. 23. commonwealth citizens every person who under this constitution or any act of parliament is a citizen of malta or under any enactment for the time being in force in any country to which this article applies is a citizen of that country shall, by virtue of that citizenship, have the status of a commonwealth citizen. every person who is a british subject without citizenship under the british nationality act, 1948 or who continues to be a british subject under article 2 of that act shall by virtue of that status have the status of a commonwealth citizen. the countries to which this article applies are those listed in the fourth schedule to this constitution. the president may by proclamation amend, add to, revoke or substitute the list of countries in the fourth schedule to this constitution. 24. criminal liability of commonwealth citizens a commonwealth citizen who is not a citizen of malta or a citizen of the republic of ireland who is not a citizen of malta shall not be guilty of an offence against any law in force in malta by reason of anything done or omitted in any part of the commonwealth other than malta or in the republic of ireland or in any foreign country unless the act or omission would be an offence if he were an alien; and in the case of an act or omission in any part of the commonwealth or in the republic of ireland, it would be an offence if the country in which the act was done or the omission made were a foreign country. in this article "alien" means a person who is not a commonwealth citizen, a british protected person or a citizen of the republic of ireland; "british protected person" means a person who is a british protected person for the purposes of the british nationality act, 1948 or any other law of the united kingdom replacing that act; "foreign country" means a country (other than the republic of ireland) that is not a part of the commonwealth. 25. acquisition of citizenship by birth or descent by persons born on or after appointed day repealed by act iii of 2000. 26. marriage to citizen of malta repealed by act iii of 2000. 27. dual citizenship repealed by act iii of 2000. 28 and 29 were renumbered by act iii of 2000. 30. powers of parliament repealed by act iii of 2000. 31. interpretation repealed by act iii of 2000. chapter iv. fundamental rights and freedoms of the individual 32. fundamental rights and freedoms of the individual whereas every person in malta is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed, sex, sexual orientation or gender identity but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely life, liberty, security of the person, the enjoyment of property and the protection of the law; freedom of conscience, of expression and of peaceful assembly and association; and respect for his private and family life, the subsequent provisions of this chapter shall have effect for the purpose of affording protection to the aforesaid rights and freedoms, subject to such limitations of that protection as are contained in those provisions being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. 33. protection of right to life no person shall intentionally be deprived of his life save in execution of the sentence of a court in respect of a criminal offence under the law of malta of which he has been convicted. without prejudice to any liability for a contravention of any other law with respect to the use of force in such cases as are hereinafter mentioned, a person shall not be regarded as having been deprived of his life in contravention of this article if he dies as the result of the use of force to such extent as is reasonably justifiable in the circumstances of the case for the defence of any person from violence or for the defence of property; in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; for the purpose of suppressing a riot, insurrection or mutiny; or in order to prevent the commission by that person of a criminal offence, or if he dies as the result of a lawful act of war. 34. protection from arbitrary arrest or detention no person shall be deprived of his personal liberty save as may be authorised by law in the following cases, that is to say in consequence of his unfitness to plead to a criminal charge; in execution of the sentence or order of a court, whether in malta or elsewhere, in respect of a criminal offence of which he has been convicted; in execution of the order of a court punishing him for contempt of that court or of another court or tribunal or in execution of the order of the house of representatives punishing him for contempt of itself or of its members or for breach of privilege; in execution of the order of a court made to secure the fulfilment of any obligation imposed on him by law; for the purpose of bringing him before a court in execution of the order of a court or before the house of representatives in execution of the order of that house; upon reasonable suspicion of his having committed, or being about to commit, a criminal offence; in the case of a person who has not attained the age of eighteen years, for the purpose of his education or welfare; for the purpose of preventing the spread of an infectious or contagious disease; in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community; or for the purpose of preventing the unlawful entry of that person into malta, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from malta or the taking of proceedings relating thereto or for the purpose of restraining that person while he is being conveyed through malta in the course of his extradition or removal as a convicted prisoner from one country to another. any person who is arrested or detained shall be informed at the time of his arrest or detention, in a language that he understands, of the reasons for his arrest or detention: provided that if an interpreter is necessary and is not readily available or if it is otherwise impracticable to comply with the provisions of this sub-article at the time of the person’s arrest or detention, such provisions shall be complied with as soon as practicable. any person who is arrested or detained for the purpose of bringing him before a court in execution of the order of a court; or upon reasonable suspicion of his having committed, or being about to commit, a criminal offence, and who is not released, shall be brought not later than forty-eight hours before a court; and if any person arrested or detained in such a case as is mentioned in paragraph (b) of this sub-article is not tried within a reasonable time, then, without prejudice to any further proceedings which may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial. any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that person. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question authorises the taking during such a period of public emergency as is referred to in paragraph (a) or (c) of sub-article (2) of article 47 of this constitution of measures that are reasonably justifiable for the purpose of dealing with the situation that exists during that period of public emergency. if any person who is lawfully detained by virtue only of such a law as is referred to in the last foregoing sub-article so requests at any time during the period of that detention not earlier than six months after he last made such a request during that period, his case shall be reviewed by an independent and impartial tribunal established by law and composed of a person or persons each of whom holds or has held judicial office or is qualified to be appointed to such office in malta. on any review by a tribunal in pursuance of the last foregoing sub-article of the case of any detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by whom it was ordered, but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations. 35. protection from forced labour no person shall be required to perform forced labour. for the purposes of this article, the expression "forced labour" does not include any labour required in consequence of the sentence or order of a court; labour required of any person while he is lawfully detained by sentence or order of a court that, though not required in consequence of such sentence or order, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained or, if he is detained for the purpose of his care, treatment, education or welfare, is reasonably required for that purpose; any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service; any labour required during a period of public emergency or in the event of any other emergency or calamity that threatens the life or well-being of the community. 36. protection from inhuman treatment no person shall be subjected to inhuman or degrading punishment or treatment. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question authorises the infliction of any description of punishment which was lawful in malta immediately before the appointed day. no law shall provide for the imposition of collective punishments. nothing in this sub-article shall preclude the imposition of collective punishments upon the members of a disciplined force in accordance with the law regulating the discipline of that force. 37. protection from deprivation of property without compensation no property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except where provision is made by a law applicable to that taking of possession or acquisition for the payment of adequate compensation; securing to any person claiming such compensation a right of access to an independent and impartial court or tribunal established by law for the purpose of determining his interest in or right over the property and the amount of any compensation to which he may be entitled, and for the purpose of obtaining payment of that compensation; and securing to any party to proceedings in that court or tribunal relating to such a claim a right of appeal from its determination to the court of appeal in malta: provided that in special cases parliament may, if it deems it appropriate so to act in the national interest, by law establish the criteria which are to be followed, including the factors and other circumstances to be taken into account, in the determination of the compensation payable in respect of property compulsorily taken possession of or acquired; and in any such case the compensation shall be determined and shall be payable accordingly. nothing in this article shall be construed as affecting the making or operation of any law so far as it provides for the taking of possession or acquisition of property in satisfaction of any tax, rate or due; by way of penalty for, or as a consequence of, breach of the law, whether under civil process or after conviction of a criminal offence; upon the attempted removal of the property out of or into malta in contravention of any law; by way of the taking of a sample for the purposes of any law; where the property consists of an animal upon its being found trespassing or straying; as an incident of a lease, tenancy, licence, privilege or hypothec, mortgage, charge, bill of sale, pledge or other contract; by way of the vesting or administration of property on behalf and for the benefit of the person entitled to the beneficial interest therein, trust property, enemy property or the property of persons adjudged bankrupt or otherwise declared bankrupt or insolvent, persons of unsound mind, deceased persons, or bodies corporate or unincorporate in the course of being wound up or liquidated; in the execution of judgments or orders of courts; by reason of its being in a dangerous state or injurious to the health of human beings, animals or plants; in consequence of any law with respect to the limitation of actions, acquisitive prescription, derelict land, treasure trove, mortmain or the rights of succession competent to the government of malta; or for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, the carrying out thereon of work of soil conservation or the conservation of other natural resources of any description or of war damage reconstruction; or of agricultural development or improvement which the owner or occupier of the land has been required and has without reasonable and lawful excuse refused or failed to carry out. nothing in this article shall be construed as affecting the making or operation of any law so far as it provides for vesting in the government of malta the ownership of any underground minerals, water or antiquities. nothing in this article shall be construed as affecting the making or operation of any law for the compulsory taking of possession in the public interest of any property, or the compulsory acquisition in the public interest of any interest in or right over property, where that property, interest or right is held by a body corporate which is established for public purposes by any law and in which no monies have been invested other than monies provided by any legislature in malta. 38. protection for privacy of home or other property except with his own consent or by way of parental discipline, no person shall be subjected to the search of his person or his property or the entry by others on his premises. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provision that is reasonably required in the interest of defence, public safety, public order, public morality or decency, public health, town and country planning, the development and utilisation of mineral resources, or the development and utilisation of any property in such a manner as to promote the public benefit; that is reasonably required for the purpose of promoting the rights or freedoms of other persons; that authorises a department of the government of malta, or a local government authority, or a body corporate established by law for a public purpose, to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or due or in order to carry out work connected with any property or installation which is lawfully on those premises and which belongs to that government, that authority, or that body corporate, as the case may be; or that authorises, for the purpose of enforcing a judgment or order of a court, the search of any person or property by order of a court or entry upon any premises by such order, or that is necessary for the purpose of preventing or detecting criminal offences, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. 39. provisions to secure protection of law whenever any person is charged with a criminal offence he shall, unless the charge is withdrawn, be afforded a fair hearing within a reasonable time by an independent and impartial court established by law. any court or other adjudicating authority prescribed by law for the determination of the existence or the extent of civil rights or obligations shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other adjudicating authority, the case shall be given a fair hearing within a reasonable time. except with the agreement of all the parties thereto, all proceedings of every court and proceedings relating to the determination of the existence or the extent of a person’s civil rights or obligations before any other adjudicating authority, including the announcement of the decision of the court or other authority, shall be held in public. nothing in sub-article (3) of this article shall prevent any court or any authority such as is mentioned in that sub-article from excluding from the proceedings persons other than the parties thereto and their legal representatives in proceedings before a court of voluntary jurisdiction and other proceedings which, in the practice of the courts in malta are, or are of the same nature as those which are, disposed of in chambers; in proceedings under any law relating to income tax; or to such extent as the court or other authority – may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice; or may be empowered or required by law to do so in the interests of defence, public safety, public order, public morality or decency, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings. every person who is charged with a criminal offence shall be presumed to be innocent until he is proved or has pleaded guilty: provided that nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this sub-article to the extent that the law in question imposes upon any person charged as aforesaid the burden of proving particular facts. every person who is charged with a criminal offence shall be informed in writing, in a language which he understands and in detail, of the nature of the offence charged; shall be given adequate time and facilities for the preparation of his defence; shall be permitted to defend himself in person or by a legal representative and a person who cannot afford to pay for such legal representation as is reasonably required by the circumstances of his case shall be entitled to have such representation at the public expense; shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before any court and to obtain the attendance of witnesses subject to the payment of their reasonable expenses, and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge, and except with his own consent the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence. when a person is tried for any criminal offence, the accused person or any person authorised by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court. no person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence which is severer in degree or description than the maximum penalty which might have been imposed for that offence at the time when it was committed. no person who shows that he has been tried by any competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence save upon the order of a superior court made in the course of appeal or review proceedings relating to the conviction or acquittal; and no person shall be tried for a criminal offence if he shows that he has been pardoned for that offence: provided that nothing in any law shall be held to be inconsistent with or in contravention of this sub-article by reason only that it authorises any court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so however that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law. no person who is tried for a criminal offence shall be compelled to give evidence at his trial. in this article "legal representative" means a person entitled to practise in malta as an advocate or, except in relation to proceedings before a court where a legal procurator has no right of audience, a legal procurator. 40. protection of freedom of conscience and worship all persons in malta shall have full freedom of conscience and enjoy the free exercise of their respective mode of religious worship. no person shall be required to receive instruction in religion or to show knowledge or proficiency in religion if, in the case of a person who has not attained the age of sixteen years, objection to such requirement is made by the person who according to law has authority over him and, in any other case, if the person so required objects thereto: provided that no such requirement shall be held to be inconsistent with or in contravention of this article to the extent that the knowledge of, or the proficiency or instruction in, religion is required for the teaching of such religion, or for admission to the priesthood or to a religious order, or for other religious purposes, and except so far as that requirement is shown not to be reasonably justifiable in a democratic society. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subarticle (1), to the extent that the law in question makes provision that is reasonably required in the interests of public safety, public order, public morality or decency, public health, or the protection of the rights and freedoms of others, and except so far as that provision or, as the case may be, the thing done under the authority thereof, is shown not to be reasonably justifiable in a democratic society. 41. protection of freedom of expression except with his own consent or by way of parental discipline, no person shall be hindered in the enjoyment of his freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subarticle (1) of this article to the extent that the law in question makes provision that is reasonably required in the interests of defence, public safety, public order, public morality or decency, or public health; or for the purpose of protecting the reputations, rights and freedoms of other persons, or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, protecting the privileges of parliament, or regulating telephony, telegraphy, posts, wireless broadcasting, television or other means of communication, public exhibitions or public entertainments; or that imposes restrictions upon public officers, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. anyone who is resident in malta may edit or print a newspaper or journal published daily or periodically: provided that provision may be made by law prohibiting or restricting the editing or printing of any such newspaper or journal by persons under twenty-one years of age; and requiring any person who is the editor or printer of any such newspaper or journal to inform the prescribed authority to that effect and of his age and to keep the prescribed authority informed of his place of residence. where the police seize any edition of a newspaper as being the means whereby a criminal offence has been committed they shall within twenty-four hours of the seizure bring the seizure to the notice of the competent court and if the court is not satisfied that there is a prima facie case of such offence, that edition shall be returned to the person from whom it was seized. no person shall be deprived of his citizenship under any provisions made under article 30(1) (b) of this constitution or of his juridical capacity by reason only of his political opinions. 42. protection of freedom of assembly and association except with his own consent or by way of parental discipline no person shall be hindered in the enjoyment of his freedom of peaceful assembly and association, that is to say, his right peacefully to assemble freely and associate with other persons and in particular to form or belong to trade or other unions or associations for the protection of his interests. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provision that is reasonably required in the interests of defence, public safety, public order, public morality or decency, or public health; or for the purpose of protecting the rights or freedoms of other persons; or that imposes restrictions upon public officers, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. for the purposes of this article, any provision in any law prohibiting the holding of public meetings or demonstrations in any one or more particular cities, towns, suburbs or villages shall be held to be a provision which is not reasonably justifiable in a democratic society. 43. prohibition of deportation extradition is only permitted in pursuance of arrangements made by treaty and under the authority of a law. no person shall be extradited for an offence of a political character. no citizen of malta shall be removed from malta except as a result of extradition proceedings or under any such law as is referred to in article 44(3) (b) of this constitution. the provisions made by or under the extradition act, as for the time being in force, for the removal of persons from malta to another commonwealth country to undergo trial or punishment in that country in respect of an offence committed in that country and any general arrangements for the extradition of persons between commonwealth countries to which malta for the time being adheres shall be deemed, for the purposes of sub-article (1) of this article, to be arrangements made by treaty, and sub-article (2) shall not apply in relation to the removal or extradition of a person under such provisions or arrangements. 44. protection of freedom of movement no citizen of malta shall be deprived of his freedom of movement, and for the purpose of this article the said freedom means the right to move freely throughout malta, the right to reside in any part of malta, the right to leave and the right to enter malta. any restriction on a citizen’s freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this article. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provision for the imposition of restrictions that are reasonably required in the interests of defence, public safety, public order, public morality or decency, or public health and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society; for the imposition of restrictions on the freedom of movement of any citizen of malta who is not a citizen by virtue of article 3(1) or of article 5(1) of the maltese citizenship act as in force upon the coming into force of the maltese citizenship (amendment) act, 2000; for the imposition of restrictions upon the movement or residence within malta of public officers; or for the imposition of restrictions on the right of any person to leave malta that are reasonably required in order to secure the fulfilment of any obligation imposed on that person by law and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. for the purposes of this article, any person who has emigrated from malta (whether before, on or after the appointed day) and, having been a citizen of malta by virtue of article 3(1) or of article 5(1) of the maltese citizenship act as in force upon the coming into force of the maltese citizenship (amendment) act, 2000, has ceased to be such a citizen; or who emigrated from malta before the appointed day and, but for his having ceased to be a citizen of the united kingdom and colonies before that day, would have become a citizen of malta by virtue of article 3(1) of the maltese citizenship act as in force upon the coming into force of the maltese citizenship (amendment) act, 2000; or who is the spouse of a person mentioned in paragraph(a) or (b) of this sub-article or of a person who is a citizen of malta by virtue of article 3(1) or of article 5(1) of the maltese citizenship act as in force upon the coming into force of the maltese citizenship (amendment) act, 2000, and who has been married to that person for at least five years and is living with that person, or is the child under twenty-one years of age of such a person; or who is the widow or the widower of a person mentioned in paragraph (a) or paragraph (b) of this subarticle or of a person who at the time of his or her death was a citizen of malta by virtue of article 3(1) or of article 5(1) of the maltese citizenship act as in force upon the coming into force of the maltese citizenship (amendment) act, 2000, and who was still living with him or her at the time of his or her death and had been married to that person for at least five years or who would, but for the death of that person, have been so married for at least five years, or is the child under twenty-one years of age of such a person, shall be deemed to be a citizen of malta by virtue of article 3(1) or of article 5(1) of the maltese citizenship act as in force upon the coming into force of the maltese citizenship (amendment) act, 2000: provided that if the minister responsible for matters relating to maltese citizenship at any time by order declares that it is contrary to the public interest that a spouse as is mentioned in paragraph (c), or a widow or widower as is mentioned in paragraph (d), or a child over eighteen years of age as is mentioned in paragraph (c) or (d) is to be so deemed, or to continue to be so deemed, such spouse, widow, widower or child, as the case may be, shall thereupon cease to be deemed to be a citizen of malta as aforesaid: provided further that the minister responsible for matters relating to maltese citizenship shall not be required to assign any reason for the issue of any order referred to in the immediately preceding proviso, and the decision of the minister on any such order shall not be subject to appeal to or review in any court. if any person whose freedom of movement has been restricted by virtue of such a provision as is referred to in subarticle (3)(a) of this article so requests at any time during the period of that restriction not earlier than six months after the order was made or six months after he last made such request, as the case may be, his case shall be reviewed by an independent and impartial tribunal established by law composed of a person or persons each of whom holds or has held judicial office or is qualified to be appointed to such office in malta: provided that a person whose freedom of movement has been restricted by virtue of a restriction which is applicable to persons generally or to general classes of persons shall not make a request under this sub-article unless he has first obtained the consent of the civil court, first hall. on any review by a tribunal in pursuance of this article of the case of a person whose freedom of movement has been restricted the tribunal may make recommendations concerning the necessity or expediency of continuing the restriction to the authority by which it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations. 45. protection from discrimination on the grounds of race, etc subject to the provisions of sub-articles (4), (5) and (7) of this article, no law shall make any provision that is discriminatory either of itself or in its effect. subject to the provisions of sub-articles (6), (7) and (8) of this article, no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority. in this article, the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour, creed, sex, sexual orientation or gender identity whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description. sub-article (1) of this article shall not apply to any law so far as that law makes provision – for the appropriation of public revenues or other public funds; or with respect to persons who are not citizens of malta; or with respect to adoption, marriage, dissolution of marriage, burial, devolution of property on death or any matters of personal law not hereinbefore specified; or whereby persons of any such description as is mentioned in sub-article (3) of this article may be subjected to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description and to any other provision of this constitution, is reasonably justifiable in a democratic society; or for authorising the taking during a period of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists during that period of public emergency; provided that paragraph (c) of this sub-article shall not apply to any law which makes any provision that is discriminatory, either of itself or in its effect by affording different treatment to different persons attributable wholly or mainly to their respective description by sex. nothing contained in any law shall be held to be inconsistent with or in contravention of sub-article (1) of this article to the extent that it makes provision: with respect to qualifications for service or conditions of service in any disciplined force; or with respect to qualifications (not being qualifications specifically relating to sex, sexual orientation or gender identity) for service as a public officer or for service of a local government authority or a body corporate established for public purposes by any law. sub-article (2) of this article shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in sub-article (4) or (5) of this article. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provision (not being provisions specifically relating to sex) whereby persons of any such description as is mentioned in sub-article (3) of this article may be subjected to any restriction on the rights and freedoms guaranteed by articles 38, 40, 41, 42 and 44 of this constitution, being such a restriction as is authorised by article 38(2), 40(2), 41(2), 42(2) or 44(3). nothing in sub-article (2) of this article shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this constitution or any other law. a requirement, however made, that the roman catholic apostolic religion shall be taught by a person professing that religion shall not be held to be inconsistent with or in contravention of this article. until the expiration of a period of two years commencing on the 1st july, 1991, nothing contained in any law made before the 1st july, 1991, shall be held to be inconsistent with the provisions of this article, in so far as that law provides for different treatment to different persons attributable wholly or mainly to their respective description by sex. nothing in the provisions of this article shall apply to any law or anything done under the authority of a law, or to any procedure or arrangement, in so far as such law, thing done, procedure or arrangement provides for the taking of special measures aimed at accelerating de facto equality between men and women, and in so far only as such measures, taking into account the social fabric of malta, are shown to be reasonably justifiable in a democratic society. 46. enforcement of protective provisions subject to the provisions of sub-articles (6) and (7) of this article, any person who alleges that any of the provisions of articles 33 to 45 (inclusive) of this constitution has been, is being or is likely to be contravened in relation to him, or such other person as the civil court, first hall, in malta may appoint at the instance of any person who so alleges, may, without prejudice to any other action with respect to the same matter that is lawfully available, apply to the civil court, first hall, for redress. the civil court, first hall, shall have original jurisdiction to hear and determine any application made by any person in pursuance of sub-article (1) of this article, and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing, or securing the enforcement of, any of the provisions of the said articles 33 to 45 (inclusive) to the protection of which the person concerned is entitled: provided that the court may, if it considers it desirable so to do, decline to exercise its powers under this sub-article in any case where it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law. if in any proceedings in any court other than the civil court, first hall, or the constitutional court any question arises as to the contravention of any of the provisions of the said articles 33 to 45 (inclusive), that court shall refer the question to the civil court, first hall, unless in its opinion the raising of the question is merely frivolous or vexatious; and that court shall give its decision on any question referred to it under this sub-article and, subject to the provisions of sub-article (4) of this article, the court in which the question arose shall dispose of the question in accordance with that decision. any party to proceedings brought in the civil court, first hall, in pursuance of this article shall have a right of appeal to the constitutional court. no appeal shall lie from any determination under this article that any application or the raising of any question is merely frivolous or vexatious. provision may be made by or under an act of parliament for conferring upon the civil court, first hall, such powers in addition to those conferred by this article as are necessary or desirable for the purpose of enabling the court more effectively to exercise the jurisdiction conferred upon it by this article. rules of court making provision with respect to the practice and procedure of the courts of malta for the purposes of this article may be made by the person or authority for the time being having power to make rules of court with respect to the practice and procedure of those courts, and shall be designed to secure that the procedure shall be by application and that the hearing shall be as expeditious as possible. 47. interpretation of chapter iv in this chapter, save where the context otherwise requires, the following expressions shall have the following meanings respectively, that is to say – "contravention", in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly; "court" means any court of law in malta other than a court constituted by or under a disciplinary law and in articles 33 and 35 of this constitution includes, in relation to an offence against a disciplinary law, a court so constituted; "disciplinary law" means a law regulating the discipline of any disciplined force; or of persons serving prison sentences; "disciplined force" means a naval, military or air force of the government of malta; the malta police force; any other police force established by law in malta; the malta prison service; "member", in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline. in this chapter "period of public emergency" means any period during which – malta is engaged in any war; or there is in force a proclamation by the president declaring that a state of public emergency exists; or there is in force a resolution of the house of representatives supported by the votes of not less than two-thirds of all the members of the house declaring that democratic institutions in malta are threatened by subversion. where any proclamation of emergency has been made, the occasion therefor shall forthwith be communicated to the house of representatives and, if the house is then separated by such adjournment or prorogation as will not expire within ten days the president shall by proclamation summon it to meet within five days and it shall accordingly meet and sit upon the day appointed by the proclamation and shall continue to sit and act as if it had stood adjourned or prorogued to that day. a proclamation of emergency shall, unless it is sooner revoked by the president, cease to be in force at the expiration of a period of fourteen days beginning on the date on which it was made or such longer period as may be provided under the next following paragraph, but without prejudice to the making of another proclamation of emergency at or before the end of that period. if at any time while a proclamation of emergency is in force (including any time while it is in force by virtue of this paragraph) a resolution is passed by the house of representatives approving its continuance in force for a further period, not exceeding three months, beginning on the date on which it would otherwise expire, the proclamation shall, if not sooner revoked, continue in force for that further period. a resolution such as is referred to in paragraph (c) of subarticle (2) of this article shall, unless it is sooner revoked by the house of representatives, cease to be in force at the expiration of twelve months beginning on the date on which it was passed or such shorter period as may be specified therein, but without prejudice to the passing of another resolution by the house of representatives in the manner prescribed by that paragraph at or before the end of that period. in relation to any person who is a member of a disciplined force raised under any law in force in malta, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this chapter other than articles 33, 35 and 36. in relation to any person who is a member of a disciplined force raised otherwise than as aforesaid and lawfully present in malta, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this chapter. until the expiration of a period ending on the 30th june, 1993, nothing contained in any such law as is specified in the first schedule to this constitution and, until the expiration of a period of three years commencing with the appointed day, nothing contained in any other law made before the appointed day shall be held to be inconsistent with the provisions of articles 33 to 45 (inclusive) of this chapter and, subject as aforesaid, nothing done under the authority of any such law shall be held to be done in contravention of those articles. where any provision of law enacted before the appointed day is held to be inconsistent with any of the provisions of articles 33 to 45 (inclusive) of this chapter, no person shall be entitled to compensation in respect of anything done under the authority of that provision before it was so held to be inconsistent. nothing in article 37 of this constitution shall affect the operation of any law in force immediately before 3rd march 1962 or any law made on or after that date that amends or replaces any law in force immediately before that date (or such a law as from time to time amended or replaced in the manner described in this sub-article) and that does not – add to the kinds of property that may be taken possession of or the rights over and interests in property that may be acquired; add to the purposes for which or circumstances in which such property may be taken possession of or acquired; make the conditions governing entitlement to compensation or the amount thereof less favourable to any person owning or interested in the property; or deprive any person of any right such as is mentioned in paragraph (b) or paragraph (c) of article 37(1) of this constitution. chapter v. the president 48. establishment of the office of president there shall be a president of malta who shall be appointed by resolution of the house of representatives. a person shall not be qualified to be appointed to the office of president if he is not a citizen of malta; or he holds or has held the office of chief justice or other judge of the superior courts; or he is not eligible for appointment to or to act in any public office in accordance with articles 109, 118 and 120 of this constitution. the office of president shall become vacant on the expiration of five years from the date of the appointment to that office; or if the holder of the office is removed from office by resolution of the house of representatives on the ground of inability to perform the functions of his office (whether arising from infirmity of body or mind or any other cause) or misbehaviour. 49. discharge of president's functions during vacancy, etc whenever the office of president is temporarily vacant, and until a new president is appointed, and whenever the holder of the office is absent from malta or on vacation or is for any reason unable to perform the functions conferred upon him by this constitution, those functions shall be performed by such person as the prime minister, after consultation with the leader of the opposition, may appoint or, if there is no person in malta so appointed and able to perform those functions, by the chief justice. 50. oath to be taken by the president a person appointed to or assuming the functions of the office of president shall, before entering upon that office, take and subscribe the oath of office set out in the second schedule to this constitution. any person appointed to the office of president under sub-article (1) of article 48 of this constitution shall take the oath of office before the house. chapter vi. parliament part 1. composition of parliament 51. establishment of parliament there shall be a parliament of malta which shall consist of the president and a house of representatives. 52. composition of the house of representatives subject to the provisions of this chapter, the house of representatives shall consist of such number of members, being an odd number and divisible by the number of electoral divisions, as parliament shall from time to time by law determine. such members shall be elected in the manner provided by or under any law for the time being in force in malta in equal proportions from the electoral divisions referred to in article 56 of this constitution, each division returning such number of members, being not less than five and not more than seven as parliament shall from time to time by law determine; and such members shall be known as "members of parliament": provided that where at any general election, a political party (hereinafter referred to in this article as the "absolute majority party") obtains in the aggregate more than fifty per centum of all the valid votes cast at that election, as credited to its candidates by the electoral commission at the first count of all the votes; or at a general election which is contested by more than two political parties and in which only candidates of two of such parties are elected, a political party obtains a percentage of all the valid votes cast at such election, as credited to its candidates by the electoral commission at the first count of all the votes (hereinafter also referred to in this article as the "relative majority party"), which is greater than that obtained by any one other party (hereinafter referred to in this article as the "minority party"), and the proportion which the number of the elected candidates credited to the absolute majority party or to the relative majority party (as the case may be) represents in relation to the total number of elected members of the house of representatives is less than the proportion which the number of votes credited to such candidates at the first count of all the votes represents in relation to the total of the votes credited at the same first count of all the votes to all the candidates of all the parties electing candidates, the number of the elected candidates of such party shall be increased (as the case may be) by a number of additional candidates in the circumstances as determined by and in accordance with the provisions of part iv of the general elections (sorting of ballot papers, casual elections and co-opting) regulations in the thirteenth schedule to the general elections act and the annex to such schedule (hereinafter referred to as "the relevant regulations") as in force on 30th september 2007 or as subsequently amended or substituted in the manner provided in sub-article (3): provided further that: in the eventuality of an election result as provided for in sub-paragraph (i) of the first proviso to this subarticle but provided there is only one minority party; or in the eventuality of an election result as provided for in sub-paragraph (ii) of the first proviso to this sub-article, and the proportion which the number of elected candidates credited to the minority party represents in relation to the total number of elected members of the house of representatives is less than the proportion which the number of votes credited to all its candidates at the first count of all the votes represents in relation to the total of the votes credited at the same first count of all the votes to all the candidates of all the parties electing candidates, the number of the elected candidates of the minority party shall be increased by a number of additional candidates as determined by the relevant regulations as in force on 30th september 2007 or as subsequently amended or substituted in the manner provided in sub-article (3). in any case as forseen in the first and second proviso to this sub-article, such persons shall be declared by the electoral commission to be elected to fill the additional seats created by the said provisos who, being candidates of the party which is to be credited with the additional seats, were credited by the electoral commission at the last count with the highest or next higher number of votes without being elected, irrespective of the division in which such highest or higher number of votes occurs. if any person who is not a member of the house of representatives is elected to be speaker of the house he shall, by virtue of holding the office of speaker, be a member of the house in addition to the other members: provided that in any such case the speaker shall not be treated as a member of the house for the purpose of establishing the number of votes required to support a bill for any of the purposes of article 66 of this constitution. the provisions of part iv of the general elections (sorting of ballot papers, casual elections and co-opting) regulations, in the thirteenth schedule to the general elections act and the annex to such schedule, as in force on the coming into force of this subarticle may only be deleted, amended or substituted by a bill for an act of parliament passed in the manner specified in sub-article (2) of article 66 of this constitution. 53. qualifications for membership of house of representatives subject to the provisions of article 54 of this constitution, a person shall be qualified to be elected as a member of the house of representatives if, and shall not be qualified to be so elected unless, he has the qualifications for registration as a voter for the election of members of the house of representatives mentioned in article 57 of this constitution. 54. disqualifications for membership of house of representatives no person shall be qualified to be elected as a member of the house of representatives if he is a citizen of a country other than malta having become such a citizen voluntarily or is under a declaration of allegiance to such a country; save as otherwise provided by parliament, if he holds or is acting in any public office or is a member of the armed forces of the government of malta; if he is a party to, or is a partner with unlimited liability in a partnership or a director or manager of a company which is a party to, a contract with the government of malta being a contract of works or a contract for the supply of merchandise to be used in the service of the public and has not, within one month before the date of election, published in the gazette a notice setting out the nature of any such contract, and his interest, or the interest of any such partnership or company, therein; if he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in malta; if he is interdicted or incapacitated for any mental infirmity or for prodigality by a court in malta, or is otherwise determined in malta to be of unsound mind; if he is under sentence of death imposed on him by any court in malta or is serving a sentence of imprisonment (by whatever name called), exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court; if he holds or is acting in any office the functions of which involve any responsibility for, or in connection with, the conduct of any election of members of the house of representatives or the compilation or revision of any electoral register; if he is disqualified for membership of the house of representatives by or under any law for the time being in force in malta by reason of his having been convicted of any offence connected with the election of members of the house of representatives. for the purposes of paragraph (f) of sub-article (1) of this article two or more sentences that are required to be served consecutively shall be regarded as separate sentences if none of them exceeds twelve months, but if any one of them exceeds that term they shall be regarded as one sentence; and no account shall be taken of a sentence of imprisonment imposed as an alternative to, or in default of, the payment of a fine. a person shall not be treated as holding, or acting in, a public office for the purpose of paragraph (b) of sub-article (1) of this article if he is on leave of absence pending relinquishment of a public office; if he is a teacher at the university of malta who is not by the terms of his employment prevented from the private practice of his profession or called upon to place his whole time at the disposal of the government of malta. 55. tenure of office of members the seat of a member of parliament shall become vacantupon the next dissolution of parliament after his election; if he resigns his seat by writing under his hand addressed to the speaker or, if the office of speaker is vacant or the speaker is absent from malta, to the deputy speaker; if he becomes a party to a contract with the government of malta being a contract of works or a contract for the supply of merchandise to be used in the service of the public, or if any partnership in which he is a partner with unlimited liability or a company of which he is a director or manager becomes a party to any such contract, or if he becomes a partner with unlimited liability in a partnership or a director or manager of a company that is a party to any such contract: provided that he shall not vacate his seat under the provisions of this paragraph if before becoming a party to the contract or before, or as soon as practicable after, becoming otherwise interested in the contract (whether as a partner with unlimited liability in a partnership or as a director or manager of a company) he discloses to the speaker the nature of the contract and his interest or the interest of the partnership or company therein and the house of representatives by resolution exempts him from the provisions of this paragraph; if he is absent from the sittings of the house of representatives for such period and in such circumstances as may be prescribed by the standing orders of the house; if he ceases to be a citizen of malta; if he ceases to be qualified for registration as a voter for the election of members of the house of representatives; if the constitutional court decides that an elected candidate has given information which is false in the return of election expenses or that an elected candidate has incurred election expenses in an amount exceeding the amount permissible by law; subject to the provisions of sub-article (2) of this article, if any circumstances arise that if he were not a member of the house of representatives, would cause him to be disqualified for election thereto. if circumstances such as are referred to in paragraph (g) of sub-article (1) of this article arise because any member of the house of representatives is under sentence of death or imprisonment, interdicted or incapacitated or adjudged to be of unsound mind, adjudged or otherwise declared bankrupt or convicted of an offence connected with elections and if it is open to the member to appeal against the decision (either with the leave of a court or other authority or without such leave), he shall forthwith cease to perform his functions as a member of the house but, subject to the provisions of this article, he shall not vacate his seat until the expiration of a period of thirty days thereafter: provided that the speaker may, from time to time, extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so however that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the house. if, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the member, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the member to appeal, he shall forthwith vacate his seat. if at any time before the member vacates his seat such circumstances as aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (a) of this sub-article and he may resume the performance of his functions as a member of the house of representatives. for the purposes of this sub-article "appeal" means, in the case of an order by a court of voluntary jurisdiction for the interdiction or incapacitation of a member of the house of representatives, the taking of any action for the review of that order before the civil court, first hall. 56. voting at elections the members of the house of representatives shall be elected upon the principle of proportional representation by means of the single transferable vote from such number of electoral divisions, being an odd number and not less than nine and not more than fifteen, as parliament shall from time to time determine. the election of members of the house of representatives shall be free of illegal or corrupt practices and foreign interference. it shall be the duty of the electoral commission to suspend the election, either in all electoral divisions or in any one or more of such divisions, if it has reasonable ground to believe that illegal or corrupt practices or other offences connected with the elections have been committed or there has been foreign interference and such practices, offences or interference have so extensively prevailed or have been of such nature that they may reasonably be expected to affect the result of the election, in all or in any one or more of the electoral divisions. in any case in which an election is suspended under subarticle(3) of this article, the chief electoral commissioner shall forthwith refer the matter to the constitutional court for its decision. where any of the grounds on which an election may be suspended under sub-article (3) of this article exist and the election has not been suspended, or where illegal or corrupt practices or other offences or foreign interference as are referred to in that subarticle may reasonably be supposed to have affected the result of an election, in all or in any one or more of the electoral divisions, any person entitled to vote at that election may, not later than three days after the publication of the official result of the election, refer the matter to the constitutional court for its decision. any reference to the constitutional court under either subarticle(4) or sub-article (5) of this article shall be made and shall be determined by that court in accordance with any law for the time being in force in malta. on any such reference the court shall, without prejudice to any other powers, have power to annul the election, in all or in any one or more of the electoral divisions, on any of the grounds mentioned in the said sub-articles, and to give such directions and orders and to provide such redress and other remedies as it may deem appropriate in the circumstances and in particular to ensure that a free election, in place of any one that may have been annulled, be held at the earliest possible opportunity. where an election has been annulled under sub-article (6) of this article, the result of the election shall not be complete before the publication of the official result of a valid election in all electoral divisions. except by a bill for an act of parliament passed in the manner specified in sub-article ( 2 ) of article 6 of this constitution, no alteration in any law shall be made whereby any act or omission shall cease to be an illegal or corrupt practice or other offence relating to the election of members of the house of representatives or foreign interference; or which alters or adds to the circumstances or conditions in which or under which an act or omission is such a practice or other offence or foreign interference; or reduces the punishment to which from time to time any such practice or other offence or interference renders the offender liable; and for the purposes of this sub-article the provisions of sub-article(7) of article 66 of this constitution shall apply as if references to the alteration to any of the provisions of this constitution were references to the alteration of any law. no person shall vote at the election of members of the house of representatives for any electoral division who is not registered under any law for the time being in force in malta as a voter in that division. at the election of members of the house of representativesvoting shall be by ballot and shall be carried out in such a manner as not to disclose the way in which the vote of any particular voter is given; and no person shall be permitted to vote on behalf of another: provided that provision may be made by law whereby, if a person is unable, by reason of blindness, other physical cause or illiteracy to mark on his ballot paper, his ballot paper may be marked on his behalf and on his directions by some other person officially supervising the poll at the place of voting. provided that where a person is by reason of blindness unable to mark on his ballot paper, provision may be made by law requiring that at the request of any such person adequate and special means are to be provided which will enable that person to mark on his ballot paper independently and without the need of assistance. ballot papers shall be drawn up in such a manner as to enable illiterates to distinguish between the political parties to which candidates belong. candidates and their agents shall be given facilities to watch the transportation of ballot boxes and the sealing and unsealing thereof. the expressions "corrupt practice", "offences connected with the election of members of the house of representatives" and "foreign interference" have the meaning assigned to them by a law for the time being in force regulating the conduct of elections or foreign interference with respect to elections, and any such law shall be deemed for the purposes of this article and of articles 32 to 47 (inclusive) of this constitution to be reasonably required in the interest of public order and reasonably justifiable in a democratic society. 57. qualification of voters subject to the provisions of article 58 of this constitution, a person shall be qualified to be registered as a voter for the election of members of the house of representatives if, and shall not be qualified to be so registered unless he is a citizen of malta; he has attained the age of eighteen years; and he is resident in malta and has during the eighteen months immediately preceding his registration been a resident for a continuous period of six months or for periods amounting in the aggregate to six months: provided that this paragraph shall not apply to a person who is ordinarily resident in malta but has not been resident in malta as required by this paragraph by reason of service abroad in the public service, including service in the offices referred to in subarticle (3) of article 124 of this constitution, or by reason of service abroad in, or as a member of, a disciplined force as defined in article 47 of this constitution. 58. disqualification of voters no person shall be qualified to be registered as a voter for the election of members of the house of representatives if he is interdicted or incapacitated for any mental infirmity by a court in malta or is otherwise determined in malta to be of unsound mind; he is under sentence of death imposed on him by any court in malta or is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court; or he is disqualified for registration as a voter by or under any law for the time being in force in malta by reason of his having been convicted of any offence connected with the election of members of the house of representatives. 59. speaker and deputy speaker when the house of representatives first meets after any general election and before it proceeds to the despatch of any other business, it shall elect a person to be the speaker of the house; and if the office of speaker falls vacant at any time before the next dissolution of parliament, the house shall, as soon as practicable, elect another person to that office. the speaker may be elected either from among persons who are members of the house of representatives, but are not ministers or parliamentary secretaries, or from among persons who are not members of the house of representatives and are qualified for election as members thereof. when the house of representatives first meets after any general election and before it proceeds to the despatch of any other business except the election of the speaker, the house shall elect a member of the house, who is not a minister or a parliamentary secretary, to be deputy speaker of the house; and if the office of deputy speaker falls vacant at any time before the next dissolution of parliament, the house shall, as soon as convenient, elect another such member to that office. a person shall vacate the office of speaker or deputy speaker in the case of a speaker elected from among the members of the house of representatives or in the case of the deputy speaker if he ceases to be a member of the house: provided that the speaker shall not vacate his office by reason only that he has ceased to be a member of the house on a dissolution of parliament, until the house first meets after that dissolution; if he is appointed to be a minister or a parliamentary secretary; in the case of a speaker elected from among persons who are not members of the house of representativeswhen the house first meets after any dissolution of parliament; if any circumstances arise that would cause him to be disqualified for election as a member of the house of representatives; if he announces his resignation of his office to the house of representatives or if by writing under his hand addressed, in the case of the speaker to the clerk of the house and in the case of the deputy speaker to the speaker (or, if the office of speaker is vacant or the speaker is absent from malta, to the clerk of the house) he resigns that office; or in the case of the deputy speaker, if he is elected to be speaker. if, by virtue of sub-article (2) of article 55 of this constitution, the speaker or deputy speaker is required to cease to perform his functions as a member of the house of representatives he shall also cease to perform his functions as speaker or deputy speaker, as the case may be, and those functions shall until he vacates his seat in the house or resumes the performance of the functions of his office, be performed in the case of the speaker, by the deputy speaker or, if the office of deputy speaker is vacant or the deputy speaker is required to cease to perform his functions as a member of the house of representatives by virtue of subarticle (2) of article 55 of this constitution, by such member of the house (not being a minister or parliamentary secretary) as the house may elect for the purpose; in the case of the deputy speaker, by such member of the house (not being a minister or parliamentary secretary) as the house may elect for the purpose. if the speaker or deputy speaker resumes the performance of his functions as a member of the house, in accordance with the provisions of sub-article (2) of article 55 of this constitution, he shall also resume the performance of his functions of speaker or deputy speaker, as the case may be. 60. establishment of electoral commission there shall be an electoral commission for malta. the electoral commission shall consist of a chairman, who shall be the person for the time being holding the office of chief electoral commissioner and who shall be appointed to that office from the public service, and such number of members not being less than four as may be prescribed by any law for the time being in force in malta. the members of the electoral commission shall be appointed by the president, acting in accordance with the advice of the prime minister, given after he has consulted the leader of the opposition. a person shall not be qualified to hold office as a member of the electoral commission if he is a minister, a parliamentary secretary, a member of, or a candidate for election to, the house of representatives or a public officer. subject to the provisions of this article, a member of the electoral commission shall vacate his office at the expiration of three years from the date of his appointment or at such earlier time as may be specified in the instrument by which he was appointed; or if any circumstances arise that, if he were not a member of the commission, would cause him to be disqualified for appointment as such. subject to the provisions of sub-article (7) of this article, a member of the electoral commission may be removed from office by the president acting in accordance with the advice of the prime minister. a member of the electoral commission shall not be removed from office except for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misbehaviour. if the office of a member of the electoral commission is vacant or if a member is for any reason unable to perform the functions of his office, the president, acting in accordance with the advice of the prime minister, given after he has consulted the leader of the opposition, may appoint a person who is qualified to be appointed to be a member to be a temporary member of the commission; and any person so appointed shall, subject to the provisions of sub-articles (5), (6) and (7) of this article cease to be such a member when a person has been appointed to fill the vacancy or, as the case may be, when the member who was unable to perform the functions of his office resumes those functions. in the exercise of its functions under this constitution the electoral commission shall not be subject to the direction or control of any other person or authority. 61. electoral divisions the electoral commission shall review the boundaries of the electoral divisions referred to in article 56(1) of this constitution at intervals of not less than two nor more than five years and may, in accordance with the provisions of this article, alter such boundaries to such extent as it considers desirable in the light of the review: provided that the commission shall carry out such a review and, in accordance with the provisions of this article, alter the said boundaries whenever parliament has made provision altering the number of electoral divisions; and in addition the commission may at any time carry out such a review and, in accordance with the provisions of this article, alter the said boundaries to such extent as it considers desirable in consequence of the holding of a census of the population in pursuance of any law. any provision by parliament altering the number of electoral divisions shall come into effect when the alteration of the boundaries of the electoral divisions that, in accordance with the provisions of sub-article (1) of this article, is consequential thereon comes into effect. whenever an alteration of boundaries is made by the commission under this article the following provisions shall have effect: the chief electoral commissioner shall, as soon as practicable after it is made, communicate the alteration to the prime minister and to the leader of the opposition; not later than two months from the receipt of such communication, the prime minister shall cause the alteration to be placed before the house of representatives for consideration by it; not later than five months from the receipt of the said communication by the prime minister, the house may, by resolution, either approve the alteration or refer it back to the commission for reconsideration; upon the expiration of six months from the date on which the alteration was communicated to the prime minister, or, if the alteration is approved by the house, upon such approval, or, if the alteration is referred back to the commission, upon the expiration of two months from such reference, the chief electoral commissioner shall cause the alteration to be published in the gazette either in its original form or, if it has been modified by the commission, as so modified; and any such alteration shall come into effect upon the next dissolution of parliament after the alteration is published in the gazette under paragraph (d) of this sub-article: provided that nothing in this paragraph shall be construed as preventing the publication of any electoral register or any other requirements connected with the registration of voters from being carried out in accordance with the alteration, under any law for the time being in force in malta, before that dissolution. an alteration of the boundaries of any electoral division under this article shall be made in such manner as secures that, at the time when the commission carries out its review, the number obtained by dividing the total electorate in the division (as ascertained by reference to the electoral register in force at that time) by the number of members to be returned to the house of representatives from that division is as nearly equal to the electoral quota as is reasonably practicable: provided that any such alteration may be made in such manner that the number of voters in that division is, at the time when the commission carries out its review, greater or less than the electoral quota multiplied by the number of members to be so returned, but in no case by more than five per centum, in order to take account of geographical vicinity, differences in density of population and other relevant factors: provided further that the island of gozo and the islands of the maltese archipelago other than the island of malta shall together be treated as one electoral division and may not be divided between two or more electoral divisions. the boundaries of electoral divisions for the purpose of any general elections to be held after the dissolution of parliament after the 1st of september 2007 shall be those boundaries as existing on that date with such adjustments made in accordance with the provisions of the proviso to sub-article (4b) of this article as may be necessary in order that the electoral divisions for those elections shall comply with the provisions of the second proviso of subarticle (4) of this article and of article 61a of this constitution. notwithstanding the provisions of sub-article (1) of this article, the electoral commission shall not review the boundaries of the electoral divisions as existing on the 1st of september 2007 except until after the general elections to be held immediately after the dissolution of parliament immediately after that date which review shall take place at such intervals from the date of the publication of the official result of those elections as provided in sub-article (1) of this article or as otherwise required by the provisions of the same sub-article: provided that the electoral commission shall by the 30th september 2007 review the boundaries of the electoral divisions to the extent necessary, and only to such extent, to make such adjustments to the said boundaries in order that the electoral divisions for the purpose of those elections shall comply with the provisions of sub-article (4) of this article; and these adjustments shall, notwithstanding any other provision of this article, come into force upon the publication of the register as correct on the 30th september, 2007. for the purposes of any review carried out under this article, "electoral quota" means the number obtained by dividing the total electorate of malta (as ascertained from the electoral register in force at the time when the commission carries out that review) by the total number of members to be returned to the house of representatives at the general election following the next dissolution of parliament. the conduct of elections in every electoral division and of any vote taken under the provisions of article 66(3) of this constitution shall be subject to the direction and supervision of the electoral commission. 61a. gozo and the islands of the maltese archipelago other than the island of malta not to be divided the following provisions of this article shall apply if, when reviewing the boundaries of the electoral divisions in accordance with the provisions of article 61 of this constitution, the electoral commission would, but for the provisions of the second proviso of sub-article (4) of the same article, have had to divide the island of gozo and the islands of the maltese archipelago other than the island of malta, or any part thereof, between two or more electoral divisions. the electoral commission shall: establish the island of gozo together with the islands of the maltese archipelago other than the island of malta as one electoral division; and apply the provisions of sub-articles (4) and (5) of article 61 of this constitution only with reference to the voters and divisions on the island of malta without including in its calculations the division consisting of gozo and the other islands of the maltese archipelago or the voters therein. for the purposes of paragraph (b) of subarticle (2) of this article, when calculating the number of voters in each electoral division on the island of malta the total number of electoral divisions shall be the number of electoral divisions established by article 17 of the general elections act minus one. 62. filling of vacancies whenever the seat of any member of the house of representatives becomes vacant the vacancy shall be filled in the manner provided by or under any law for the time being in force in malta. 63. determination of questions as to membership any question whether any person has been validly elected as a member of the house of representatives; any member of the house has vacated his seat therein or is required, under the provisions of sub-article (2) of article 55 of this constitution, to cease to perform his functions as a member; or any person has been validly elected as speaker from among persons who are not members of the house or, having been so elected, has vacated the office of speaker, shall be referred to and determined by the constitutional court in accordance with the provisions of any law for the time being in force in malta. the seat of a member of parliament has become vacant in terms of paragraph (ff) of sub-article (1) of article 55. shall be referred to and determined by the constitutional court in accordance with the provisions of any law for the time being in force in malta. 64. clerk to house of representatives and his staff there shall be a clerk to the house of representatives. the office of the clerk to the house of representatives and the offices of the members of his staff shall be public offices. 64a. office of ombudsman there shall be a commissioner for administrative investigations to be called the ombudsman who shall have the function to investigate actions taken by or on behalf of the government, or by such other authority, body or person as may be provided by law (including an authority, body or office established by this constitution), being actions taken in the exercise of their administrative functions. the manner of appointment, the term of office, and the manner of removal or suspension from office of the ombudsman together with any other matter ancillary or incidental thereto or considered necessary or expedient for the carrying out of the function referred to in sub-article (1) shall be provided for by an act of parliament. part 2. powers and procedure of parliament 65. power to make laws subject to the provisions of this constitution, parliament may make laws for the peace, order and good government of malta in conformity with full respect for human rights, generally accepted principles of international law and malta’s international and regional obligations in particular those assumed by the treaty of accession to the european union signed in athens on the 16th april, 2003. without prejudice to the generality of sub-article (1) and subject to the provisions of sub-articles (3), (4) and (5) of this article, parliament may by law determine the privileges, immunities and powers of the house of representatives and the members thereof. no civil or criminal proceedings may be instituted against any member of the house of representatives for words spoken before, or written in a report to, the house or a committee thereof or by reason of any matter or thing brought by him therein by petition, bill, resolution, motion or otherwise. for the duration of any session members of the house of representatives shall enjoy freedom from arrest for any civil debt except a debt the contraction of which constitutes a criminal offence. no process issued by any court in the exercise of its civil jurisdiction shall be served or executed within the precincts of the house of representatives while the house is sitting or through the speaker, the clerk or any officer of the house. 66. alteration of this constitution subject to the provisions of this article, parliament may alter any of the provisions of this constitution and (in so far as it forms part of the law of malta) any of the provisions of the malta independence act, 1964. in so far as it alters this article; or article 1, sub-article (2) of article 2, sub-article (1) of article 3, sub-article (1) of article 5, article 6, articles 32 to 48 (inclusive), articles 51, 52, 56, 57, 60, 61 and 64a, sub-article (3) of article 65, sub-article (2) of article 75, article 76 (other than sub-article (2) thereof), articles 77 and 78, article 80, article 91, articles 95, 96, 96a, 97, 98, 99, 100, 101a, 101b, articles 102 to 110 (inclusive), articles 113, 114, 115a, 118, 119 or 120 of this constitution; or article 124 of this constitution in its application to any of the provisions specified in paragraph (a) or (b) of this sub-article, a bill for an act of parliament under this article shall not be passed in the house of representatives unless at the final voting thereon in that house it is supported by the votes of not less than two-thirds of all the members of the house. in so far as it alters this sub-article or sub-article (4) of this article; or sub-article (2) of article 76 of this constitution, a bill for an act of parliament under this article shall not be presented to the president for his assent unless not less than three nor more than six months after its passage through the house in the manner specified in sub-article (2) of this article it has been submitted to the electors qualified to vote for the election of members of the house of representatives and the majority of the electors voting have approved the bill. the provisions of sub-article (10) of article 56 of this constitution shall apply to the voting on a bill submitted to the electors under sub-article (3) of this article as they apply to voting at the election of members of the house of representatives, and subject as aforesaid the vote on such bill shall be taken in such manner as parliament may prescribe. in so far as it alters any of the provisions of this constitution other than those specified in sub-articles (2) and (3) of this article, a bill for an act of parliament under this article shall not be passed in the house of representatives unless at the final voting thereon in that house it is supported by the votes of a majority of all the members of the house. an act of parliament altering the number of members of the house of representatives shall not affect the membership of the house before the dissolution of parliament next following its enactment. in this article references to any of the provisions of this constitution or of the malta independence act, 1964 include references to any law that amends or replaces that provision; and references to the alteration of any of the provisions of this constitution or of the malta independence act, 1964 include references to the amendment, modification or re-enactment, with or without amendment or modification, of that provision, the suspension or repeal of that provision and the making of a different provision in lieu of that provision. 67. regulation of procedure in house of representatives subject to the provisions of this constitution, the house of representatives may regulate its own procedure. the house of representatives may act notwithstanding any vacancy in its membership (including any vacancy not filled when the house first meets on or after the appointed day or after any dissolution of parliament) and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the house shall not invalidate those proceedings. any provision made in pursuance of sub-article (1) of this article for setting up committees of the house to enquire into matters of general public importance shall be designed to secure that, so far as it appears practicable to the house, any such committee is so composed as fairly to represent the house. 68. oath to be taken by members of house of representatives no member of the house of representatives shall be permitted to take part in the proceedings of the house (other than proceedings necessary for the purposes of this article) until he has taken and subscribed before the house the oath of allegiance: provided that the election of the speaker and deputy speaker may take place before the members of the house have taken and subscribed such oath. 69. presiding in house of representatives there shall preside at any sitting of the house of representatives the speaker; or in the absence of the speaker, the deputy speaker; or in the absence of the speaker and the deputy speaker, such member of the house (not being a minister or a parliamentary secretary) as the house may elect for that purpose. references in this article to circumstances in which the speaker or the deputy speaker is absent include references to circumstances in which the office of speaker or deputy speaker is vacant. 70. quorum in house of representatives if at any sitting of the house of representatives any member who is present draws the attention of the person presiding at the sitting to the absence of a quorum and, after such interval as may be prescribed in the standing orders of the house, the person presiding at the sitting ascertains that a quorum of the house is still not present, the house shall be adjourned. for the purposes of this article a quorum of the house of representatives shall consist of fifteen members; and the person presiding at the sitting of the house shall not be included in reckoning whether there is a quorum present. 71. voting save as otherwise provided in this constitution, all questions proposed for decision in the house of representatives shall be determined by a majority of the votes of the members thereof present and voting. the speaker shall not vote unless on any question the votes are equally divided, in which case he shall have and exercise a casting vote. any other person shall, when presiding in the house of representatives, retain his original vote as a member and, if upon any question, the votes are equally divided, shall also have and exercise a casting vote. 72. mode of exercising legislative powers the power of parliament to make laws shall be exercised by bills passed by the house of representatives and assented to by the president. when a bill is presented to the president for assent, he shall without delay signify that he assents. a bill shall not become law unless it has been duly passed and assented to in accordance with this constitution. when a law has been assented to by the president it shall without delay be published in the gazette and shall not come into operation until it has been so published, but parliament may postpone the coming into operation of any such law and may make laws with retrospective effect. 73. restriction with regard to certain financial measures except upon the recommendations of the president signified by a minister, the house of representatives shall not proceed upon any bill (including any amendment to a bill) that, in the opinion of the person presiding, makes provision for any of the following purposes, that is to say, for imposing or increasing any tax, for imposing or increasing any charge on the revenues or other funds of malta or for altering any such charge otherwise than by reducing it, or for compounding or remitting any debt due to malta; proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, would be to make provision for any of the purposes aforesaid; or receive any petition which, in the opinion of the person presiding, requests that provision be made for any of the purposes aforesaid. 74. language of laws save as otherwise provided by parliament, every law shall be enacted in both the maltese and english languages and, if there is any conflict between the maltese and the english texts of any law, the maltese text shall prevail. part 3. summoning, prorogation and dissolution 75. sessions of parliament each session of parliament shall commence at such time as the president may by proclamation appoint and shall be held at such place or places as the president by proclamation, or as the house of represent actives in any manner it may deem appropriate, may from time to time appoint. there shall be a session of parliament once at least in every year, so that a period of twelve months shall not intervene between the last sitting of parliament in one session and the first sitting thereof in the next session. the house of representatives shall meet not later than two months after the publication of the official result of any general election by the electoral commission on a day appointed by the president. 76. prorogation and dissolution of parliament the president may at any time by proclamation prorogue or dissolve parliament. subject to the provisions of sub-article (3) of this article, parliament, unless sooner dissolved, shall continue for five years from the date of its first sitting after any dissolution and shall then stand dissolved. at any time when malta is at war, parliament may from time to time extend the period of five years specified in sub-article (2) of this article for not more than twelve months at a time: provided that the life of parliament shall not be extended under this sub-article for more than five years. if between a dissolution of parliament and the next ensuing general election of members of the house of representatives an emergency arises of such a nature that, in the opinion of the prime minister it is necessary to recall parliament, the president may by proclamation summon the parliament that has been dissolved to meet, and that parliament shall thereupon be deemed (except for the purpose of article 77 and, in relation to the next ensuing general election, article 61(3) and 66(6) of this constitution) not to have been dissolved but shall be deemed (except as aforesaid) to be dissolved on the date on which the polls are concluded in the next ensuing general election. in the exercise of his powers under this article the president shall act in accordance with the advice of the prime minister: provided that if the house of representatives passes a resolution, supported by the votes of a majority of all the members thereof, that it has no confidence in the government, and the prime minister does not within three days either resign from his office or advise a dissolution, the president may dissolve parliament; if the office of prime minister is vacant and the president considers that there is no prospect of his being able within a reasonable time to appoint to that office a person who can command the support of a majority of the members of the house of representatives, the president may dissolve parliament; and if the prime minister recommends a dissolution and the president considers that the government of malta can be carried on without a dissolution and that a dissolution would not be in the interests of malta, the president may refuse to dissolve parliament. 77. general elections a general election of members of the house of representatives shall be held at such time within three months after every dissolution of parliament as the president acting in accordance with the advice of the prime minister, shall by proclamation appoint. chapter vii. the executive 78. executive authority of malta the executive authority of malta is vested in the president. the executive authority of malta shall be exercised by the president, either directly or through officers subordinate to him, in accordance with the provisions of this constitution. nothing in this article shall prevent parliament from conferring functions on persons or authorities other than the president. 79. the cabinet there shall be a cabinet for malta which shall consist of the prime minister and such number of other ministers as may be appointed in accordance with article 80 of this constitution. the cabinet shall have the general direction and control of the government of malta and shall be collectively responsible therefor to parliament. 80. appointment of ministers wherever there shall be occasion for the appointment of a prime minister, the president shall appoint as prime minister the member of the house of representatives who, in his judgment, is best able to command the support of a majority of the members of that house and shall, acting in accordance with the advice of the prime minister, appoint the other ministers from among the members of the house of representatives: provided that if occasion arises for making an appointment to the office of prime minister or any other minister while parliament is dissolved, a person who was a member of the house of representatives immediately before the dissolution may be appointed as prime minister or any other minister as if, in each case, such person were still a member of the house of representatives, but any person so appointed shall vacate office at the beginning of the next session of parliament if he is not then a member thereof. 81. tenure of office of ministers if the house of representatives passes a resolution, supported by the votes of a majority of all the members thereof, that it has no confidence in the government, the president may remove the prime minister from office: provided that the president shall not do so unless three days have elapsed and he has decided not to dissolve parliament under article 76 of this constitution. the office of prime minister shall also become vacant when, after any dissolution of parliament, the prime minister is informed by the president that the president is about to re-appoint him as prime minister or to appoint another person as prime minister; if he ceases to be a member of the house of representatives otherwise than by a dissolution of parliament; or if, under the provisions of sub-article (2) of article 55 of this constitution, he is required to cease to perform his functions as a member of the house of representatives. the office of a minister, other than the office of prime minister shall become vacant upon the appointment or re-appointment of any person to the office of prime minister; if his appointment to his office is revoked by the president, acting in accordance with the advice of the prime minister; if he ceases to be a member of the house of representatives otherwise than by a dissolution of parliament; or if, under the provisions of sub-article (2) of article 55 of this constitution, he is required to cease to perform his functions as a member of the house of representatives. 82. allocation of portfolios to ministers subject to the provisions of this constitution, the president, acting in accordance with the advice of the prime minister, may, by directions in writing, assign to the prime minister or any other minister responsibility for any business of the government of malta including the administration of any department of government. nothing in this article shall empower the president to confer on any minister authority to exercise any power or to discharge any duty that is conferred or imposed by this constitution or any other law on any person or authority other than that minister. 83. acting prime minister whenever the prime minister is absent from malta or on vacation, or is unable by reason of illness to perform the functions of his office, the president may authorise any other member of the cabinet to perform those functions (other than the functions conferred by this article) and that member may perform those functions until his authority is revoked by the president. the powers of the president under this article shall be exercised by him in accordance with the advice of the prime minister: provided that if the president considers that it is impracticable to obtain the advice of the prime minister owing to his absence or illness he may exercise those powers without that advice. 84. temporary ministers whenever a minister other than the prime minister is unable, by reason of his illness or absence from malta, to perform the functions of his office, the president may appoint another member of the house of representatives to be a temporary minister: provided that if occasion arises for making an appointment while parliament is dissolved, a person who, immediately before the dissolution, was a member of the house of representatives may be appointed as a temporary minister as if he were still a member of that house, but any person so appointed shall vacate office at the beginning of the next session of parliament if he is not then a member thereof. subject to the provisions of article 81 of this constitution, a temporary minister shall hold office until he is notified by the president that the minister on account of whose inability to perform the functions of his office he was appointed is again able to perform those functions or until that minister vacates his office. the powers of the president under this article shall be exercised by him in accordance with the advice of the prime minister. 85. exercise of functions of president in the exercise of his functions the president shall act in accordance with the advice of the cabinet or a minister acting under the general authority of the cabinet except in cases where he is required by this constitution or any other law to act in accordance with the advice of any person or authority other than the cabinet: provided that the president shall act in accordance with his own deliberate judgment in the performance of the following functionsin the exercise of the powers relating to the dissolution of parliament conferred upon him by the proviso to sub-article (5) of article 76 of this constitution; in the exercise of the power to appoint the prime minister or remove the prime minister from office conferred upon him by article 80 and sub-article (1) of article 81 of this constitution; in the exercise of the powers conferred upon him by article 83 of this constitution (which relates to the performance of the functions of the prime minister during absence, vacation or illness) in the circumstances described in the proviso to sub-article (2)of that article; in the exercise of the power to appoint the leader of the opposition and to revoke any such appointment conferred upon him by article 90 of this constitution; and in signifying his approval for the purposes of subarticle (4) of article 110 of this constitution of an appointment to an office on his personal staff. where by this constitution the president is required to act in accordance with the advice of any person or authority, the question whether he has in any case received, or acted in accordance with, such advice shall not be enquired into in any court. the reference in sub-article (1) of this article to the functions of the president shall be construed as a reference to his powers and duties in the exercise of the executive authority of malta and to any other powers and duties conferred or imposed on him as president by or under this constitution or any other law. 86. exercise of prime minister's functions where by this constitution the prime minister is required to exercise any function on the recommendation of any person or authority he shall exercise that function in accordance with such recommendation: provided that before he acts in accordance therewith he may once refer that recommendation back for reconsideration by the person or authority concerned; and if that person or authority, having reconsidered the original recommendation under the preceding paragraph, substitutes therefor a different recommendation, the provisions of this sub-article shall apply to that different recommendation as they apply to the original recommendation. where by this constitution the prime minister is required to perform any function after consultation with any person or authority, he shall not be obliged to perform that function in accordance with the advice of that person or authority. where by this constitution the prime minister is required to perform any function in accordance with the recommendation of, or after consultation with, any person or authority, the question whether he has in any case received, or acted in accordance with such recommendation or whether he has consulted with such person or authority shall not be enquired into in any court. 87. the president to be informed concerning matters of government the prime minister shall keep the president fully informed concerning the general conduct of the government of malta and shall furnish the president with such information as he may request with respect to any particular matter relating to the government of malta. 88. parliamentary secretaries the president, acting in accordance with the advice of the prime minister, may appoint parliamentary secretaries from among the members of the house of representatives to assist ministers in the performance of their duties: provided that if occasion arises for making an appointment while parliament is dissolved, a person who immediately before the dissolution was a member of the house of representatives may be appointed as a parliamentary secretary as if he were still a member of that house, but any person so appointed shall vacate office at the beginning of the next session of parliament if he is not then a member thereof. the provisions of sub-article (3) of article 81 of this constitution shall apply to parliamentary secretaries as they apply to ministers. 89. oath to be taken by ministers a minister or a parliamentary secretary shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and the oath of office set out in the third and in the second schedule to this constitution. 90. leader of the opposition there shall be a leader of the opposition who shall be appointed by the president. whenever there shall be occasion for the appointment of a leader of the opposition, the president shall appoint if there is one opposition party whose numerical strength in the house of representatives is greater than the strength of any other opposition party, the member of the house of representatives who is the leader of that party; or if, by reason of an equality in the numerical strength of the opposition parties in the house or by reason that there is no opposition party, no person is qualified for appointment under paragraph (a) of this sub-article, the member of the house who, in the judgment of the president, commands the support of the largest single group of members of the house in opposition to the government who are prepared to support one leader. the office of leader of the opposition shall become vacant if after any dissolution of parliament, he is informed by the president that the president is about to appoint another person as leader of the opposition; if he ceases to be a member of the house of representatives otherwise than by a dissolution of parliament; if, under the provisions of sub-article (2) of article 55 of this constitution, he is required to cease to perform his functions as a member of the house of representatives; or if his appointment is revoked under the provisions of sub-article (4) of this article. if, in the judgment of the president, a member of the house of representatives other than the leader of the opposition, has become the leader in the house of the opposition party having the greatest numerical strength in the house or, as the case may be, the leader of the opposition has ceased to command the support of the largest single group of members in opposition to the government, the president shall revoke the appointment of the leader of the opposition. sub-article (4) of this article shall not have effect while parliament is dissolved. 91. attorney general there shall be an attorney general whose office shall be a public office and who shall be appointed by the president acting in accordance with the advice of the prime minister. a person shall not be qualified to hold office as attorney general unless he is qualified for appointment as a judge of the superior courts. in the exercise of his powers to institute, undertake and discontinue criminal proceedings and of any other powers conferred on him by any law in terms which authorise him to exercise that power in his individual judgment the attorney general shall not be subject to the direction or control of any other person or authority. subject to the provisions of sub-article (5) of this article, the attorney general shall vacate his office when he attains the age of sixty-five years. sub-articles (2) and (3) of article 97 of this constitution shall apply to the attorney general. 92. permanent secretaries and heads of government departments where any minister has been charged with responsibility for any department of government, he shall exercise general direction and control over that department; and, subject to such direction and control, the department may be under the supervision of a permanent secretary: provided that two or more departments of government may be placed under the supervision of one permanent secretary. the prime minister shall be responsible for assigning departments of government to permanent secretaries. power to appoint public officers to hold or act in the office of permanent secretary and to remove from office persons holding or acting in such office shall vest in the president acting in accordance with the advice of the prime minister given after the prime minister has consulted with the public service commission. heads of departments of government other than those whose manner of appointment is specifically provided for in this constitution shall be appointed from amongst senior public officers by the prime minister acting after consultation with the public service commission. 93. prerogative of mercy the president shall have power to grant to any person concerned in or convicted of any offence a pardon, either free or subject to lawful conditions; grant to any person a respite, either indefinite or for a specified period, of the execution of any sentence passed on that person for any offence; substitute a less severe form of punishment for any punishment imposed on any person for any offence; or remit the whole or part of any sentence passed on any person for an offence or for any penalty or forfeiture otherwise due to the state on account of any offence. where any person has been sentenced to death by any court in malta, the president shall cause a written report of the case from the trial judge, or, in the case of a court-martial the person presiding, and such other information derived from the record of the case or elsewhere as the president may require, to be sent to the minister responsible for justice. the said minister shall send such written report and information (if any) to the cabinet, and the cabinet shall advise the president whether he should grant the offender a pardon or respite in the exercise of the powers conferred on him by this article. 94. secretary to the cabinet there shall be a secretary to the cabinet who shall be a public officer designated in that behalf by the prime minister. the secretary to the cabinet shall be responsible, in accordance with such instructions as may be given to him by the prime minister, for arranging the business for, and keeping the minutes of, the meetings of the cabinet and for conveying the decisions of the cabinet to the appropriate person or authority, and shall have such other functions as the prime minister may from time to time direct. chapter viii. the judiciary 95. superior courts there shall be in and for malta such superior courts having such powers and jurisdiction as may be provided by any law for the time being in force in malta. one of the superior courts, composed of such three judges as could, in accordance with any law for the time being in force in malta, compose the court of appeal, shall be known as the constitutional court and shall have jurisdiction to hear and determine such questions as are referred to in article 63 of the constitution; any reference made to it in accordance with article 56 of this constitution and any matter referred to it in accordance with any law relating to the election of members of the house of representatives; appeals from decisions of the civil court, first hall, under article 46 of this constitution; appeals from decisions of any court of original jurisdiction in malta as to the interpretation of this constitution other than those which may fall under article 46 of this constitution; appeals from decisions of any court of original jurisdiction in malta on questions as to the validity of laws other than those which may fall under article 46 of this constitution; and any question decided by a court of original jurisdiction in malta together with any of the questions referred to in the foregoing paragraphs of this sub-article on which an appeal has been made to the constitutional court: provided that nothing in this paragraph shall preclude an appeal being brought separately before the court of appeal in accordance with any law for the time being in force in malta. notwithstanding the provisions of sub-article (2) of this article, if any such question as is referred to in paragraph (d) or (e) of that sub-article arises for the first time in proceedings in a court of appellate jurisdiction, that court shall refer the question to the court which gave the original decision, unless in its opinion the raising of the question is merely frivolous or vexatious, and that court shall give its decision on any such question and, subject to any appeal in accordance with the provisions of sub-article (2) of this article, the court in which the question arose shall dispose of the question in accordance with that decision. the provisions of sub-articles (6) and (7) of article 46 of this constitution shall apply to the constitutional court and for that purpose references to that article in the said sub-articles shall be construed as references to this article. if at any time during an election of members of the house of representatives and the period of thirty days following any such election, the constitutional court is not constituted as provided in this article, the said court shall, thereupon and until otherwise constituted according to law, be constituted by virtue of this subarticle and shall be composed of the three more senior of the judges then in office, including, if any is in office, the chief justice or other judge performing the functions of chief justice; and if at any other time the said court is not constituted as provided in this article for a period exceeding fifteen days, such court shall, upon the expiration of the said period of fifteen days and until otherwise constituted according to law, be constituted by virtue of this subarticle and shall be composed of the three more senior judges as aforesaid. the judges of the superior courts shall be a chief justice and such number of other judges as may be prescribed by any law for the time being in force in malta: provided that the office of a judge of the superior courts shall not, without his consent, be abolished during his continuance in office. 96. appointment of judges the judges of the superior courts shall be appointed by the president acting in accordance with the advice of the prime minister. a person shall not be qualified to be appointed a judge of the superior courts unless for a period of, or periods amounting in the aggregate to, not less than twelve years he has either practised as an advocate in malta or served as a magistrate in malta, or has partly so practised and partly so served. without prejudice to the provisions of sub-article (4), before the prime minister gives his advice in accordancewith sub-article (1) in respect of the appointment of a judge of the superior courts, (other than the chief justice) the evaluation by the judicial appointments committee established by article 96a of this constitution as provided in paragraphs(c), (d) or (e) of sub-article (6) of the said article 96a shall have been made. notwithstanding the provisions of sub-article (3), the prime minister shall be entitled to elect not to comply with the resultof the evaluation referred to in sub-article (3): provided that after the prime minister shall have availed himself of the power conferred upon him by this sub-article, theprime minister or the minister responsible for justice shall: publish within five days a declaration in the gazette announcing the decision to use the said power and giving thereasons which led to the said decision; and make a statement in the house of representatives about the said decision explaining the reasons upon which the decision was based by not later than the second sitting of the house to be held after the advice was given to the president in accordance with sub-article (1): provided further that the provisions of the first proviso to this sub-article shall not apply in the case of appointment to the office of chief justice. 96a. judicial appointments committee there shall be a judicial appointments committee, hereinafter in this article referred to as "the committee", which shall be a subcommittee of the commission for the administration of justice established by article 101a of this constitution and which shall be composed as follows: the chief justice; the attorney general; the auditor general; the commissioner for admiistrative investigations (ombudsman); and the president of the chamber of advocates: provided that the president of the chamber of advocates shall not, before the expiration of a period of two years starting from the day on which he last occupied a post on the committee or he was last a committee member, be eligible to be appointed a member of the judiciary. the committee shall be chaired by the chief justice or, in his absence, by the judge who substitutes him in accordance with paragraph (d) of sub-article (3). 3 a person shall not be qualified to be appointed or to continue to hold office as a member of the committee if he is a minister, a parliamentary secretary, a member of the house of representatives, a member of a local government or an official or a candidate of a political party: provided that where the president of the chamber of advocates is not qualified to be appointed or to hold office as aforesaid the chamber of advocates shall nominate another advocate to sit on the committee in his stead. the office of a member of the committee shall become vacant if any circumstances arise that, if the person were not a member of the committee, the person would not qualify for membership thereof. a member of the committee may abstain or be challenged in the same circumstances as a judge of the superior courts. where a member of the committee abstains or is challenged, in the case of the chief justice he shall be substituted by a judge who shall be the next most senior judge in office, in the case of the attorney general he shall be substituted by the next most senior advocate according to office in the office of the attorney general, in the case of the auditor general he shall be substituted by the next most senior officer according to office in the national audit office, in the case of the commissioner for administrative investigations he shall be substituted by the next most senior officer according to office in the office of the ombudsman and in the case of the president of the chamber of advocates he shall be replaced by the next most senior advocate according to office in the committee of the chamber of advocates. in the exercise of their functions the members of the committee shall act on their individual judgement and shall not be subject to the direction or control of any person or authority. there shall be a secretary to the committee who shall be appointed by the minister responsible for justice. the functions of the committee shall be: to receive and examine expressions of interest from persons interested in being appointed to the office of judge of the superior courts (other than the office of chief justice) or of magistrate of the inferior courts, except from persons to whom paragraph (e) applies; to keep a permanent register of expressions of interest mentioned in paragraph (a) and to the acts relative thereto, which register shall be kept secret and shall be accessible only to the members of the committee, to the prime minister and to the minister responsible for justice; to conduct interviews and evaluations of candidates for the above-mentioned offices in such manner as it deems appropriate and for this purpose to request information from any public authority as it considers to be reasonably required; to give advice to the prime minister through the minister responsible for justice about its evaluation on the eligibility and merit of the candidates for appointment to the above-mentioned offices; when requested by the prime minister, to give advice on the eligibility and merit of persons who already occupy the offices of attorney general, auditor general, commissioner for administrative investigations (ombudsman) or of magistrate of the inferior courts to be appointed to an office in the judiciary; to give advice on appointment to any other judicial office or office in the courts as the minister responsible for justice may from time to time request: provided that the evaluation referred to in paragraph (d) shall be made by not later than sixty days from when the committee receives the expression of interest and the advice mentioned in paragraphs (e) and (f) shall be given by not later than thirty days from when it was requested, or within such other time limits as the minister responsible for justice may, with the agreement of the committee, by order in the gazette establish. the proceedings of the committee shall be confidential and shall be held in camera and no member or secretary of the committee may be called to give evidence before any court or other body with regard to any document received by or any matter discussed or communicated to or by the committee. the committee shall regulate its own procedure and shall be obliged to publish, with the concurrence of the minister responsible for justice, the criteria on which its evaluations are made. 97. tenure of office of judges subject to the provisions of this article, a judge of the superior courts shall vacate his office when he attains the age of sixty-five years. a judge of the superior courts shall not be removed from his office except by the president upon an address by the house of representatives supported by the votes of not less than two-thirds of all the members thereof and praying for such removal on the ground of proved inability to perform the functions of his office (whether arising from infirmity of body or mind or any other cause) or proved misbehaviour. parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the inability or misbehaviour of a judge of the superior courts under the provisions of the last preceding sub-article. 98. acting chief justice and acting judges if the office of chief justice is vacant or if the chief justice is for any reason unable to perform the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the chief justice has resumed those functions, as the case may be, those functions shall (except to such extent, if any, as other provision is made by law) be performed by such one of the other judges of the superior courts as may be designated in that behalf by the president, acting in accordance with the advice of the prime minister. if the office of any judge of the superior courts (other than the chief justice) is vacant or if any such judge is appointed to act as chief justice or is for any reason unable to perform the functions of his office, the president, acting in accordance with the advice of the prime minister, may appoint a person qualified for appointment as a judge of the superior courts to act as a judge of those courts: provided that a person may be so appointed notwithstanding that he has attained the age of sixty-five years. any person appointed under sub-article (2) of this article to act as a judge of the superior courts shall continue so to act for the period of his appointment or, if no such period is specified, until his appointment is revoked by the president acting in accordance with the advice of the prime minister. 99. inferior courts there shall be in and for malta such inferior courts having such powers and jurisdiction as may be provided by any law for the time being in force in malta. 100. magistrates magistrates of the inferior courts shall be appointed by the president acting in accordance with the advice of the prime minister. a person shall not be qualified to be appointed to or to act in the office of magistrate of the inferior courts unless he has practised as an advocate in malta for a period of, or periods amounting in the aggregate to, not less than seven years. subject to the provisions of sub-article (4) of this article, a magistrate of the inferior courts shall vacate his office when he attains the age of sixty-five years. the provisions of sub-articles (2) and (3) of article 97 of this constitution shall apply to magistrates of the inferior courts. without prejudice to the provisions of sub-article (6), before the prime minister gives his advice in accordance with sub-article (1) in respect of the appointment of a magistrate of the inferior courts the evaluation by the judicial appointments committee established by article 96a of this constitution as provided in paragraphs (c), (d) or (e) of sub-article (6) of the said article 96a shall have been made. notwithstanding the provisions of sub-article (5), the prime minister shall be entitled to elect not to comply with the result of the evaluation referred to in sub-article (5): provided that after the prime minister shall have availed himself of the power conferred upon him by this sub-article, the prime minister or the minister responsible for justice shall: publish within five days a declaration in the gazette announcing the decision to use the said power and giving the reasons which led to the said decision; and make a statement in the house of representatives about the said decision explaining the reasons upon which the decision was based by not later than the second sitting of the house to be held after the advice was given to the president in accordance with sub-article (1). 101. oaths to be taken by judges and magistrates a judge of the superior courts or a magistrate of the inferior courts shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and such oath for the due execution of his office as may be prescribed by any law for the time being in force in malta. 101a. commission for the administration of justice there shall be a commission for the administration of justice which shall consist of the president, who shall be the chairman, and nine other members as follows: the chief justice who shall be deputy chairman and shall preside over the commission in the absence of the chairman; the attorney general, ex officio; two members elected for a period of four years by the judges of the superior court from among themselves; two members elected for a period of four years by the magistrates of the inferior courts from among themselves; two members appointed for a period of four years as to one by the prime minister and as to the other by the leader of the opposition, being in each case, a person of at least forty-five years of age, and who enjoys the general respect of the public and a reputation of integrity and honesty; the president of the chamber of advocates, ex officio. the president shall only have a casting vote; when the deputy chairman presides over a meeting of the commission he shall retain his original vote together with the casting vote. the members elected to the commission for the administration of justice shall be elected in accordance with such rules as may be prescribed by the person or authority referred to in sub-article (7) of article 46 of this constitution. a person shall not be qualified to be appointed or continue to hold office as a member of the commission for the administration of justice: if he is a minister, a parliamentary secretary, a member of the house of representatives or a member of a local government authority; or if he has been convicted of any crime punishable by imprisonment for any term; or if he is disqualified to be elected as a member of the house of representatives for any of the reasons stated in paragraphs (a), (c), (d), (e), (f), (g) or (h) of sub-article (1) of article 54 of this constitution. the office of a member of the commission for the administration of justice shall become vacant if any circumstances arise that if he were not a member of the commission he would not qualify for membership thereof, and a member of the commission may abstain or be challenged in the same circumstances as a judge of the superior courts. where a person fills a vacancy caused by a member of the commission for the administration of justice ceasing to be such a member for any reason, other than the expiration of the period of office, such person shall hold office for the unexpired period of office of the member he replaces. where a member of the commission has been challenged or has abstained, the president acting in accordance with his own deliberate judgement shall appoint as a substitute member to sit on the commission, a person who in his opinion has as far as may be the same qualities and qualifications as the member substituted. where the members who, are to be elected under paragraph (c) and (d) of sub-article (1) of this article, or who are to be appointed under paragraph (e) of the same sub-article, are not so elected or appointed within two weeks from a call for the purpose by the president, the president who in making such appointment shall act in accordance with his own deliberate judgement shall himself appoint members in their stead who where possible in his opinion shall have the same qualities and qualifications as such members. the commission for the administration of justice shall at all times have a committee for advocates and legal procurators which shall have such composition, functions, powers and duties as may be assigned to it by law. the commission shall in the exercise of any of its functions in relation to the professions of advocates and legal procurators act through the said committees in such manner and subject to such review as may by the said law be provided. notwithstanding the provisions of paragraph (a) of this sub-article, the commission shall refer to the committee for advocates and legal procurators (hereinafter in this article referred to as "the committee") any matter concerning the misconduct of an advocate or legal procurator in the exercise of their profession, and, saving in the case of an appeal, the commission shall not act otherwise than on receipt of, and in accordance with, the findings of the committee in any such matter. so however that, where a report of findings by the committee has not been submitted to the commission within two months from the day on which the matter was brought before the committee, or within such further period or periods as the commission may allow, which shall in no case, except for very exceptional reasons, exceed a further four months, the commission shall thereupon itself investigate and determine the matter. without prejudice to the provisions of the foregoing paragraph the commission may appoint such other committees to assist it on any matter falling within its functions as it may deem fit. in the exercise of their functions the members of the commission and of any of its committees shall act on their individual judgement and shall not be subject to the direction or control of any person or authority. sub-articles (2) and (3) of article 121 of this constitution shall apply to any committee of the commission. there shall be a secretary of the commission for the administration of justice who shall also act as secretary of any committee of the commission. the secretary of the commission shall be appointed by the commission from among public officers assigned to the courts or from among members of the legal professions. the secretary shall hold office until such time as his appointment is terminated by the commission. a person appointed as a member of the commission for the administration of justice or any of its committees may be removed from office by the president, acting in accordance with the advice of the body or the holder of the office appointing such member, but he may be removed only for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misbehaviour. the functions of the commission for the administration of justice shall be: to supervise the workings of all the superior and inferior courts and to make such recommendations to the minister responsible for justice as to the remedies, which appear to it, conductive to a more efficient functioning of such courts; to advise the minister responsible for justice on any matter relating to the organisation of the administration of justice; to exercise, subject to article 101b of this constitution, discipline on judges and magistrates;; to draw up a code or codes of ethics regulating the conduct of members of the judiciary; on the advice of the committee for advocates and legal procurators to draw up a code or codes of ethics regulating the professional conduct of members of those professions: provided that where such advice is not given within such time as the commission may establish, the commission may draw up such code or codes without the necessity of such advice; to draw the attention of any judge or magistrate on any matter, in any court in which he sits, which may not be conducive to an efficient and proper functioning of such court; to exercise, in accordance with any law, discipline over advocates and legal procurators practising their profession; and such other function as may be assigned to it by law. the commission for the administration of justice shall each year make a report to the minister responsible for justice on its activities during the previous calendar year, and shall at any time, when it deems fit or as may be required by the said minister, make a report on any particular matter to the said minister. the powers of the president under any law with regard to the subrogation of judges and magistrates and to the assignment of duties of judges and magistrates shall be exercised on the advice of the minister responsible for justice, so however that, the minister shall, in advising the president, act in accordance with any recommendation on the matter by the chief justice: provided that where the chief justice fails to make a recommendation to the minister, and in any case where the minister deems it so appropriate, the minister may advise the president on the matter, in any manner which, in the circumstances, he considers appropriate: provided further that in any such case he shall immediately publish in the gazette, a notice of that fact together with the reasons therefor, and he shall make a statement of such fact in the house of representatives not later than the second sitting immediately after he has so advised the president. the question whether the commission for the administration of justice has validly performed any function vested in it by or under this constitution shall not be enquired into in any court. 101b. discipline of judges and magistrates there shall be a committee for judges and magistrates (hereinafter referred to as "the committee") which shall be a subcommittee of the commission for the administration of justice and which shall consist of three members of the judiciary who are not members of the commission for the administration of justice and who shall be elected from amongst judges and magistrates according to regulations issued by the commission for the administration of justice so however that in disciplinary proceedings against a magistrate two of the three members shall be magistrates and in the case of disciplinary proceedings against a judge two of the three members shall be judges. the chairman of the committee shall be elected by the members of the committee from amongst themselves. any member of the committee may be challenged and shall abstain in the same circumstances as a judge of the superior courts may be challenged or may abstain. where a member has been challenged or has abstained, the commission for the administration of justice shall appoint a substitute member. the committee shall exercise discipline on judges and magistrates in the manner prescribed in this article. disciplinary proceedings against a judge or a magistrate shall be commenced upon a complaint in writing and containing definite charges made to the committee by the chief justice or by the minister responsible for justice, for breach of the provisions of the code of ethics for members of the judiciary or of a code or disciplinary rules for members of the judiciary promulgated according to the same procedure according to which the said code of ethics is promulgated which are from time to time applicable to the members of the judiciary. the complaint shall also include the grounds upon which each of such charges is based. the committee shall, upon receipt of a complaint under sub-article (5), notify the said complaint to the judge or magistrate against whom it is made granting him or her a reasonable time to reply. if, following prima facie consideration of the complaint and of the reply, the committee considers that there are not sufficient grounds to commence disciplinary proceedings, the committee shall refrain from further consideration of the case. if, following the consideration of the complaint and of the reply as referred to in sub-article (7), the committee considers that there are sufficient grounds to continue the disciplinary proceedings the committee shall appoint a date for the hearing. proceedings before the committee shall be held in camera unless the judge or magistrate against whom the proceedings are taken requests otherwise. the complainant or his representative and the judge or magistrate against whom the proceedings are taken shall have a right to be present during the whole of the proceedings, to produce witnesses in support or in defence of the charges set in the complaint, and to be assisted by an advocate or a legal procurator. the commission for the administration of justice may also appoint an advocate to act as a special independent prosecutor in the disciplinary proceedings. if the committee finds that the judge or magistrate has breached the code of ethics for members of the judiciary it shall: if it considers that the breach is of a minor nature, either issue a warning or impose a pecuniary penalty recoverable as a civil debt payable to the secretary of the commission for the administration of justice, not exceeding ten per centum of the annual salary of the judge or magistrate as at the time established according to law; if it considers that the breach is of a serious nature it may suspend the judge or magistrate from the exercise of his duties for a period of not more than six months on half of his salary and allowances as recoverable at the time; if it considers that the breach is of such a serious nature that it merits the removal of the judge or magistrate from office, it shall report its findings to the commission for the administration of justice which shall consider whether the evidence constitutes prima facie proof and, if it considers that such degree of proof exists, the commission shall suspend the judge or the magistrate concerned and shall refer the matter to the speaker of the house of representatives and to the prime minister. during the period of suspension of a judge or a magistrate in accordance with the provisions of this paragraph, which shall not exceed six months, the judge or magistrate shall be entitled to half the salary and allowances appertaining to his office and after the lapse of the said period of six months he shall again start receiving his salary and all the allowances of his office irrespective of whether the case referred has been concluded or otherwise. in the event that the proceedings before the house of representatives do not lead to the removal from office of the member of the judiciary then the member of the judiciary shall be paid the salary and allowances which shall have been withheld from him during all the period of his suspension. the committee may also upon the request of the chief justice order that a judge or a magistrate be suspended from the performance of his duties on serious medical grounds for a definite period during which the said judge or magistrate shall continue to receive his full salary and allowances. the procedure laid down in this article in respect of disciplinary proceedings shall apply mutatis mutandis in the case of any proceedings taken under this sub-article. 12 there shall be a right of appeal to the commission for the administration of justice from decisions of the committee by the judge or magistrate against whom the committee makes a finding. the appeal shall be filed with the secretary of the commission for the administration of justice by not later than twenty days from when the committee delivers its decision. the filing of an appeal as aforesaid shall suspend the execution of the decision of the committee. the commission for the administration of justice may from time to time establish rules of procedure for such appeals. the president of malta shall not form part of the commission for the administration of justice when the said commission is hearing an appeal from a decision of the committee. proceedings before the committee shall be concluded within a period of one year and appeal proceedings before the commission for the administration of justice shall be concluded within a further period of six months. in the exercise of their function under this article the commission for the administration of justice and the committee for judges and magistrates shall have all the powers as are assigned to the first hall of the civil court by the code of organisation and civil procedure or by any law from time to time regulating the powers of courts of civil jurisdiction. in the exercise of their functions the members of the committee shall act on their own individual judgment and shall not be subject to the direction or control of any other person or authority. the provisions of this article shall be without prejudice to the application of sub-articles (2) and (3) of article 97 of this constitution wherever they may apply. chapter ix. finance 102. consolidated fund all revenues and other moneys raised or received by malta (not being revenues or other moneys payable into some other fund, being a fund established by or under any law for the time being in force in malta for a specific purpose) shall, unless parliament otherwise provides, be paid into and form one consolidated fund. no moneys shall be withdrawn from the consolidated fund except to meet expenditure that is charged upon the fund by this constitution or any other law for the time being in force in malta or where the issue of those moneys has been authorised by an appropriation act or under article 104 of this constitution. no moneys shall be withdrawn from any public fund other than the consolidated fund unless the issue of those moneys has been authorised by or under any law for the time being in force in malta. no moneys shall be withdrawn from the consolidated fund or any other public fund except in the manner prescribed by or under any law. the costs, charges and expenses incidental to the collection and management of the consolidated fund shall be a charge on the fund. 103. authorisation of expenditure from consolidated fund the minister responsible for finance shall cause to be prepared and laid before the house of representatives before, or not later than thirty days after, the commencement of each financial year estimates of the revenues and expenditure of malta for that year. the heads of expenditure contained in the estimates (other than the expenditure charged upon the consolidated fund by this constitution or any other law for the time being in force in malta) shall be included in a bill, to be known as an appropriation bill, providing for the issue from the consolidated fund of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified therein. if in respect of any financial year it is found that the amount appropriated by the appropriation act for any purpose is insufficient, or that a need has arisen for expenditure for a purpose for which no amount has been appropriated by that act; or that any moneys have been expended for any purpose in excess of the amount (if any) appropriated for the purpose by that act, a supplementary estimate showing the sums required or spent shall be laid before the house of representatives and the heads of any such expenditure shall be included in a supplementary appropriation bill. 104. authorisation of expenditure before appropriation parliament may make provision under which, if the appropriation act in respect of any financial year has not come into operation by the beginning of that financial year, the minister responsible for finance may authorise the withdrawal of moneys from the consolidated fund for the purpose of meeting such expenditure as he may consider necessary to carry on the government of malta until the expiration of four months from the beginning of that financial year or the coming into operation of the act, whichever is the earlier. 105. contingencies fund parliament may provide for the establishment of a contingencies fund and for authorising the minister responsible for finance, if he is satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from that fund to meet that need. where any advance is made in accordance with sub-article (1) of this article a supplementary estimate shall be presented and a supplementary appropriation bill shall be introduced as soon as practicable for the purpose of replacing the amount so advanced. 106. public debt the public debt of malta shall be a charge upon the consolidated fund and other public funds of malta. in this article references to the public debt of malta include references to the interest on that debt, sinking fund payments and redemption moneys in respect of that debt and the costs, charges and expenses incidental to the management of that debt. 107. remuneration in respect of certain offices without prejudice to the provisions of articles 101a and 101b, there shall be paid to the holders of the offices to which this article applies such salaries as may be prescribed by or under any law. the salaries and any allowances payable to the holders of the offices to which this article applies shall be a charge on the consolidated fund. the salary payable to the holder of any office to which this article applies and his terms of office, other than allowances, shall not be altered to his disadvantage after his appointment, and for the purposes of this sub-article, in so far as the salary or the terms of service of any person depend upon the option of that person, the salary or terms for which he opts shall be deemed to be more advantageous to him than any others for which he might have opted. this article applies to the offices referred to in articles 48, 91, 95(6), 100, 109, 118 and 120 of the constitution. 108. auditor general there shall be an auditor general whose office shall be a public office who shall have the functions as provided in the following provisions of this article. the auditor general shall be an officer of the house of representatives and shall be appointed by the president acting in accordance with a resolution of the house of representatives supported by the votes of not less than two-thirds of all the members in the house: provided that when a person who is not a member of the house of representatives is elected to be the speaker of the house of representatives, he shall not be treated as a member of the house for the purpose of establishing the majority required by this sub-article. subject to the provisions of sub-article (4) of this article the auditor general shall hold office for a period of five years from the date of his appointment and shall be eligible for reappointment for one further period of five years. where the auditor general has been appointed from among public officers and at the end of his appointment is below the retiring age in the public service, the person so appointed shall revert to the public service and shall continue to enjoy the salary and allowances referred to in sub-article (6). it shall not be lawful for the auditor general, during his tenure of such office, to hold any other office of profit or otherwise with the government of malta or with any commercial or professional venture whatsoever. the auditor general may at any time be removed or suspended from his office by the president, upon an address from the house of representatives supported by the votes of not less than two-thirds of all members in the house, praying for such removal on the ground of proved inability to perform the functions of his office (whether arising from infirmity of body or mind or any other cause) or proved misbehaviour, and the provisions of the proviso to subarticle (2) of this article shall also apply for the purpose of establishing the majority required under this sub-article. at any time when parliament is not in session, the auditor general may be suspended from his office by the president, acting in accordance with his own deliberate judgement, for inability to perform the functions of his office or misbehaviour proved to the satisfaction of the president; but any such suspension shall not continue in force beyond two months after the beginning of the next session of parliament. the accounts of all departments and offices of the government of malta, including the office of the public service commission, and the office of the clerk of the house of representatives and of all superior and inferior courts of malta, and of such other public authorities or other bodies administering, holding, or using funds belonging directly or indirectly to the government of malta as may be prescribed by or under any law for the time being in force in malta, shall be audited and reported upon annually by the auditor general to the house of representatives and for that purpose the auditor general or any person authorised by him in that behalf shall have access to all books, records, returns and other documents relating to those accounts. there shall be paid to the auditor general such salary and such allowances as may from time to time be prescribed or allowed for a judge of the superior courts. such salary and allowances shall be a charge on the consolidated fund and the provisions of sub-article (3) of article 107 of the constitution shall apply to such salary. the auditor general shall not enter upon the duties of his office unless he has taken and subscribed before the president the oath of allegiance and such oath for the due execution of his office as may be prescribed by any law for the time being in force in malta. parliament may by law from time to time provide for the manner in which the reports of the auditor general shall be made. there shall also be a deputy auditor general whose office shall be a public office and who shall have such functions as the auditor general may from time to time delegate to him and who shall, whenever the office of auditor general is temporarily vacant, and until a new auditor general is appointed, and whenever the holder of the office is absent from malta or on vacation or is for any reason unable to perform the functions of his office, perform the functions of auditor general. the provisions of sub-article (2), paragraphs (a) and (c) of sub-article (3), sub-article (4), paragraph (b) of sub-article (6) and sub-article (7) of this article shall apply to the deputy auditor general. there shall be paid to the deputy auditor general such salary and such allowances as may from time to time be prescribed or allowed to a magistrate of the inferior courts. where the deputy auditor general has been appointed from among public officers and at the end of his appointment is below the retiring age in the public service, the person so appointed shall revert to the public service and shall continue to enjoy the salary and allowances referred to in this sub-article. there shall be a national audit office consisting of the auditor general, who shall be the head of that office, the deputy auditor general and such other officers, appointed by the auditor general, as the auditor general may consider necessary to assist him in the proper discharge of his office, and the provisions of article 110 of this constitution shall not apply to the officers appointed to the national audit office. parliament may from time to time by law provide for the manner in which funds shall be allocated to the national audit office and in the manner whereby the accounts of the national audit office shall be audited and reported upon. nothing in this article shall be construed as precluding the grant of any other functions or powers on the auditor general or the national audit office by or under any law for the time being in force. in the exercise of their functions under the constitution the auditor general and the deputy auditor general shall not be subject to the authority or control of any person. chapter x. the public service 109. public service commission there shall be a public service commission for malta which shall consist of a chairman, a deputy chairman and from one to three other members. the members of the public service commission shall be appointed by the president, acting in accordance with the advice of the prime minister given after he has consulted the leader of the opposition. a person shall not be qualified to hold office as a member of the public service commission if he is a minister, a parliamentary secretary, a member of, or a candidate for election to, the house of representatives, a member of a local government authority or if he is a public officer. a member of the public service commission shall not, within a period of three years commencing with the day on which he last held office as a member, be eligible for appointment to or to act in any public office. subject to the provisions of this article, the office of a member of the public service commission shall become vacant at the expiration of five years from the date of his appointment or at such earlier time as may be specified in the instrument by which he was appointed; or if any circumstances arise that, if he were not a member of the commission, would cause him to be disqualified for appointment as such. a member of the public service commission may be removed from office by the president, acting in accordance with the advice of the prime minister, but he may be removed only for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misbehaviour. if the office of a member of the public service commission is vacant or if a member is for any reason unable to perform the functions of his office, the president, acting in accordance with the advice of the prime minister, given after he has consulted the leader of the opposition, may appoint a person who is qualified to be appointed to be a member to be a temporary member of the commission; and any person so appointed shall, subject to the provisions of sub-articles (5) and (6) of this article, cease to be such a member when a person has been appointed to fill the vacancy or, as the case may be, when the member who was unable to perform the functions of his office resumes those functions. 110. appointment, etc., of public officers subject to the provisions of this constitution, power to make appointments to public offices and to remove and to exercise disciplinary control over persons holding or acting in any such offices shall vest in the prime minister, acting on the recommendation of the public service commission: provided that the prime minister may, acting on the recommendation of the public service commission, delegate in writing, subject to such conditions as may be specified in the instrument of delegation, any of the powers referred to in this subarticle to such public officer or other authority as may be specified in that instrument. a delegation of a power under this article shall be without prejudice to the exercise of that power by the prime minister acting on the recommendation of the public service commission; may authorise the public officer or other authority concerned to exercise that power either with or without reference to the public service commission; and in respect of recruitment to public offices from outside the public service, shall, unless such recruitment is made after a public examination advertised in the gazette, be exercised only through an employment service provided out of public funds which ensures that no distinction, exclusion or preference is made or given in favour or against any person by reason of his political opinion and which provides opportunity for employment solely in the best interests of the public service and of the nation generally. an appeal shall lie to the prime minister, acting in accordance with the recommendation of the public service commission, from any decision of a public officer or authority to remove any person from a public office in exercise of power delegated under sub-article (1) of this article: provided that such right of appeal shall be without prejudice to any such other right of appeal as may be provided under article 121(1) of this constitution in respect of the exercise of any other power delegated under sub-article (1) of this article. a right of appeal under this article shall be exercised in accordance with such provision relating to procedure as may be prescribed by the public service commission under article 121(1) of this constitution: provided that any procedure so prescribed shall be the same for all classes of public officers. where an appeal is brought under paragraph (b) of this sub-article by any public officer he shall, upon the consideration of the appeal by the public service commission, have the right to be heard by the commission in person and to be assisted by a representative of any trade union to which he belongs. no person shall be appointed under this article to or to act in any office on the personal staff of the president except with the approval of the president. the provisions of this article shall not apply in relation to the offices referred to in articles 91, 92 (other than sub-article (4) thereof), 94, 95(6), 100, 108 and 111 of this constitution; or appointments to act in any public office for two months or less in so far as the recommendation of the public service commission is required for any such appointment; or appointments to the offices referred to in article 92(4) and appointments on transfer to and from the offices referred to in article 112 of this constitution. recruitment for employment with anybody established by the constitution or by or under any other law, or with any partnership or other body in which the government of malta, or any such body as aforesaid, have a controlling interest or over which they have effective control, shall, unless such recruitment is made after a public examination duly advertised, be made through an employment service as provided in sub-article (2) of this article. 111. principal representatives of malta abroad power to appoint persons to hold or act in the offices to which this article applies and to remove persons so appointed from any such office shall vest in the president, acting in accordance with the advice of the prime minister: provided that in respect of any person selected for appointment from the public service the prime minister shall, before giving his advice under the provisions of this article, consult with the public service commission and, on being removed from the office to which he has been appointed under the provisions of this article, the person so appointed shall revert to the rank which he held in the public service immediately before such appointment. the offices to which this article applies are the offices of any ambassador, high commissioner or other principal representative of malta in any other country. 112. appointment on transfer in respect of certain offices power to make appointments on transfer to and from the offices to which this article applies shall vest in the prime minister acting after consultation with the public service commission: provided that the person appointed to any such office under the provisions of this article shall, on being transferred from that office, revert to the rank which he held in the public service immediately before his appointment to that office. the offices to which this article applies are offices the holders of which are required to reside outside malta for the proper discharge of their functions; and such offices in the ministry responsible for the external affairs of malta as may, from time to time, be designated by the prime minister. 113. protection of pension rights subject to the provisions of article 114 of this constitution the law applicable to any benefits to which this article applies shall, in relation to any person who has been granted or who is eligible for the grant of such benefits be that in force on the relevant date or any later law that is not less favourable to that person. in this article "the relevant date" means in relation to any benefits granted before the appointed day, the date on which those benefits were granted; in relation to any benefits granted or to be granted on or after the appointed day to or in respect of any person who was a public officer before that date, the day before the appointed day; and in relation to any benefits granted or to be granted to or in respect of any person who becomes a public officer on or after the appointed day, the date on which he becomes a public officer. where a person is entitled to exercise an option as to which of two or more laws shall apply in his case, the law for which he opts shall, for the purposes of this article, be deemed to be more favourable to him than the other law or laws. any benefit to which this article applies (not being a benefit that is a charge upon some other public fund of malta) shall be a charge upon the consolidated fund. this article applies to any benefits payable under any law providing for the grant of pensions, gratuities or compensation to persons who are or have been public officers in respect of their service in the public service or to the widows, children, dependants or personal representatives of such persons in respect of such service. references to the law applicable to any benefits to which this article applies include (without prejudice to their generality) references to any law relating to the time at which and the manner in which any person may retire in order to become eligible for those benefits. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provision whereby any benefits to which this article applies are or may be reduced or withheld until the person eligible therefor reaches the age of sixty years, or such lower age as may be determined by or under a law, if such person is in receipt of any income to which this sub-article applies and such provision is made in order that any such income together with any uncommuted benefits aforesaid do not in the aggregate exceed such amount as may be determined by, under or in accordance with any law, being an amount not less than the salary from time to time payable in respect of the post held by such person on retirement, taking account only, if such salary is incremental, of the corresponding increments earned prior to retirement; or in order to ensure compliance with any legal requirements relating to any of the purposes of paragraph (a) of this sub-article; or if the person eligible therefor ceases to be a citizen of malta. the income to which sub-article (7) of this article applies is any remuneration in respect of, or other income deriving from, any employment, work, service, office, trade, business, profession or vocation, or from any pension, allowance, gratuity or similar payment in respect of any such employment or other source of income. 114. grant and withholding of pensions, etc where any benefits to which this article applies can be withheld, reduced in amount or suspended by any person or authority under any law those benefits shall not be so withheld, reduced in amount or suspended without the concurrence of the public service commission, unless such benefits are reduced or withheld in accordance with any law referred to in sub-article (7) of article 113 of this constitution. the public service commission shall not concur under subarticle (1) of this article in action taken on the ground that any person who holds or has held any of the offices referred to in articles 91, 95(6), 100 and 108 of this constitution has been guilty of misbehaviour unless he has been removed from office by reason of such misbehaviour. this article applies to any benefits payable under any law providing for the grant of pensions, gratuities or compensation to persons who are or have been public officers in respect of their service in the public service or to the widows, children, dependants or personal representatives of such persons in respect of such service. 115. protection of public service commission from legal proceedings the question whether the public service commission has validly performed any function vested in it by or under this constitution; any member of the public service commission or any public officer or other authority has validly performed any function delegated to such member, public officer or authority in pursuance of the provisions of subarticle (1) of article 110 of this constitution; or any member of the public service commission or any public officer or other authority has validly performed any other function in relation to the work of the commission or in relation to any such function as is referred to in the preceding paragraph, shall not be enquired into in any court. chapter xa. local councils 115a. local councils the state shall adopt a system of local government whereby the territory of malta shall be divided into such number of localities as may by law be from time to time determined, each locality to be administered by a local council elected by the residents of the locality and established and operating in terms of such law as may from time to time be in force. chapter xi. miscellaneous 116. actions on validity of laws a right of action for a declaration that any law is invalid on any grounds other than inconsistency with the provisions of articles 33 to 45 of this constitution shall appertain to all persons without distinction and a person bringing such an action shall not be required to show any personal interest in support of his action. 117. prohibition of certain associations it shall be unlawful to establish, maintain or belong to any association of persons who are organised and trained or organised and equipped for the purpose of enabling them to be employed for the use or display of physical force in promoting any political object. the provisions of this article shall be enforced in such manner as may be provided by parliament. 118. broadcasting authority there shall be a broadcasting authority for malta which shall consist of a chairman and such number of other members not being less than four as may be prescribed by any law for the time being in force in malta. the members of the broadcasting authority shall be appointed by the president, acting in accordance with the advice of the prime minister given after he has consulted the leader of the opposition. a person shall not be qualified to hold office as a member of the broadcasting authority if he is a minister, a parliamentary secretary, a member of, or candidate for election to, the house of representatives, a member of a local government authority or if he is a public officer. a member of the broadcasting authority shall not, within a period of three years commencing with the day on which he last held office or acted as a member, be eligible for appointment to or to act in any public office. subject to the provisions of this article, the office of a member of the broadcasting authority shall become vacant at the expiration of five years from the date of his appointment or at such earlier time as may be specified in the instrument by which he was appointed; or if any circumstances arise that, if he were not a member of the authority, would cause him to be disqualified for appointment as such. a member of the broadcasting authority may be removed from office by the president, acting in accordance with the advice of the prime minister, but he may be removed only for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misbehaviour. if the office of a member of the broadcasting authority is vacant or if a member is for any reason unable to perform the functions of his office, the president, acting in accordance with the advice of the prime minister, given after he has consulted the leader of the opposition, may appoint a person who is qualified to be appointed to be a member to be a temporary member of the authority; and any person so appointed shall, subject to the provisions of sub-articles (5) and (6) of this article, cease to be such a member when a person has been appointed to fill the vacancy or, as the case may be, when the member who was unable to perform the functions of his office resumes those functions. in the exercise of its functions under article 119 (1) of this constitution the broadcasting authority shall not be subject to the direction or control of any other person or authority. 119. function of the broadcasting authority it shall be the function of the broadcasting authority to ensure that, so far as possible, in such sound and television broadcasting services as may be provided in malta, due impartiality is preserved in respect of matters of political or industrial controversy or relating to current public policy and that broadcasting facilities and time are fairly apportioned between persons belonging to different political parties. the function of the broadcasting authority referred to in sub-article (1) of this article shall be without prejudice to such other functions and duties as may be conferred upon it by any law for the time being in force in malta. 120. employment commission there shall be an employment commission for malta which shall consist of a chairman and four other members. the members of the employment commission shall be appointed by the president who, in appointing the chairman shall act in accordance with the advice of the prime minister given after he has consulted the leader of the opposition, in appointing two of the four other members shall act in accordance with the advice of the prime minister, and in appointing the other two members shall act in accordance with the advice of the leader of the opposition. a person shall not be qualified to hold office as a member of the employment commission if he is a minister, a parliamentary secretary, a member of, or a candidate for election to, the house of representatives, a member of a local government authority, or if he is a public officer. a member of the employment commission shall not, within a period of three years commencing with the day on which he last held office or acted as a member, be eligible for appointment to or to act in any public office. subject to the provisions of this article, the office of a member of the employment commission shall become vacant at the expiration of three years from the date of his appointment; or if any circumstances arise that, if he were not a member of the commission, would cause him to be disqualified for appointment as such. a member of the employment commission may be removed from office by the president, acting in accordance with the advice of the holder of the office on whose advice such member was appointed, given, where applicable, as provided in sub-article (2) of this article, but such member may be removed only for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misbehaviour. if the office of a member of the employment commission is vacant or if a member is for any reason unable to perform the functions of his office, the president, acting in accordance with the advice of the holder of the office on whose advice such member was appointed, given, where applicable, as provided in sub-article (2) of this article, may appoint a person who is qualified to be appointed to be a member to be a temporary member of the commission; and any person so appointed shall, subject to the provisions of sub-articles (5) and (6) of this article, cease to be such a member when a person has been appointed to fill the vacancy or, as the case may be, when the member who was unable to perform the functions of his office resumes those functions. it shall be the function of the employment commission to ensure that, in respect of employment, no distinction, exclusion or preference that is not justifiable in a democratic society is made or given in favour or against any person by reason of his political opinions. any person who alleges that any distinction, exclusion or preference as aforesaid has been made or given to his prejudice may apply to the employment commission, in such manner and within such time as may be prescribed, for redress. parliament shall make provision conferring upon the employment commission such powers as are necessary or desirable for the purpose of enabling the commission effectively to afford adequate redress and generally to carry out its function under this constitution. 121. powers and procedure of commissions any commission established by this constitution may, with the consent of the prime minister or such other minister as may be authorised in that behalf by the prime minister by regulation or otherwise regulate its own procedure and confer powers and impose duties on any public officer or authority of the government of malta for the purpose of the discharge of its functions. any commission established by this constitution may act notwithstanding any vacancy in its membership or the absence of any member and any proceedings thereof shall be valid notwithstanding that some person who was not entitled so to do took part therein. any question proposed for decision at any meeting of any commission established by this constitution shall be determined by a majority of the votes of all the members thereof, and if on any such question the votes are equally divided the member presiding shall have and exercise a casting vote. for the purposes of sub-article (3) of this article, the references to a member of the electoral commission shall be construed as including a reference to the chairman of that commission. the provisions of this article shall apply to the broadcasting authority established by this constitution. 122. resignations any person who is appointed, elected or otherwise selected to any office established by this constitution (including the office of the prime minister or other minister or parliamentary secretary) may resign from that office by writing under his hand addressed to the person or authority by whom he was appointed, elected or selected. the resignation of any person from any such office as aforesaid shall take effect when the writing signifying the resignation is received by the person or authority to whom it is addressed or by any person authorised by that person or authority to receive it. 123. reappointments, etc save as otherwise provided in this constitution, where any person has vacated any office established by this constitution including the office of prime minister or other minister or parliamentary secretary, he may, if qualified, again be appointed, elected or otherwise selected to hold that office in accordance with the provisions of this constitution. sub-article (1) of this article shall not apply to the office of president, but shall apply to a person appointed to perform the functions of president in accordance with article 49 of the constitution. where by this constitution a power is conferred upon any person or authority to make any appointment to any public office, a person may be appointed to that office notwithstanding that some other person may be holding that office, when that other person is on leave of absence pending relinquishment of the office; and where two or more persons are holding the same office by reason of an appointment made in pursuance of this sub-article, then for the purposes of any function conferred upon the holder of that office the person last appointed shall be deemed to be the sole holder of the office. 124. interpretation in this constitution, unless the context otherwise requires "act of parliament" means any law made by parliament; "the appointed day" means 21st september 1964; "the cabinet" means the cabinet established by article 79 of this constitution; "the commonwealth" means malta, any country to which article 23 of this constitution applies and any dependency of any such country; "the consolidated fund" means the consolidated fund established by article 102 of this constitution; "constitutional court" means the constitutional court established by article 95 of this constitution; "financial year" means the period of twelve months ending on the thirty-first day of december in any year or on such other date as may be prescribed by parliament; "gazette" means the malta government gazette or any other official journal substituted therefor published by order of the government of malta; "house" means the house of representatives established by article 51 of this constitution; "law" includes any instrument having the force of law and any unwritten law and "lawful" and "lawfully" shall be construed accordingly; "malta" means the island of malta, the island of gozo and the other islands of the maltese archipelago, including the territorial waters thereof; "oath of allegiance" means the oath of allegiance set out in the third schedule to this constitution or such other oath as may be prescribed by parliament; "parliament" means the parliament of malta; "public office" means an office of emolument in the public service; "public officer" means the holder of any public office or of a person appointed to act in any such office; "the public service" means, subject to the provisions of subarticles (2) and (3) of this article, the service of the government of malta in a civil capacity; "session" means the sittings of the house of representatives beginning when it first meets after the commencement of this constitution or after the prorogation or dissolution of parliament at any time and terminating when parliament is prorogued or is dissolved without having been prorogued; ` "sitting" means a period during which the house of representatives is sitting continuously without adjournment and includes any period during which the house is in committee; "the speaker" and "deputy speaker" mean respectively the speaker and the deputy speaker elected under article 59 of this constitution. in this constitution, unless the context otherwise requires, "the public service" includes service in the office of judge of the superior courts, service in the office of auditor general and deputy auditor general, service in the office of magistrate of the inferior courts and service in the office of a member of the malta police force. in this constitution "the public service" does not include service in the office of prime minister or other minister, a parliamentary secretary, speaker, deputy speaker, a member of the house of representatives, a member of a commission established by this constitution; save where the holder of the office is selected from the public service, an ambassador, high commissioner or other principal representative of malta in any other country; or save in so far as may be prescribed by parliament, a member of any council, board, panel, committee or other similar body established by or under any law. for the purposes of this constitution a person shall not be regarded as holding a public office by reason only of the fact that he is in receipt of a pension or other like allowance in respect of public service. in this constitution, unless the context otherwise requires a reference to an appointment to any office shall be construed as including a reference to an appointment on promotion or transfer to that office and to the appointment of a person to perform the functions of that office during any period during which it is vacant or during which the holder thereof is on vacation or unable (whether by reason of absence or infirmity of body or mind or any other cause) to perform those functions; and a reference to the holder of an office by the term designating his office or by reference to the provision of this constitution establishing that office shall be construed as including a reference to any person for the time being lawfully performing the functions of that office. where power is vested by this constitution in any person or authority to appoint any person to act in or perform the functions of any office if the holder thereof is himself unable to perform those functions, no such appointment shall be called in question on the ground that the holder of the office was not unable to perform those functions. references in this constitution to the power to remove a public officer from his office shall be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service: provided that nothing in this sub-article shall be construed as conferring on any person or authority power to require any person holding any of the offices referred to in articles 91, 95(6), 100 or 108(1) or (9) of this constitution to retire from the public service; and the provisions of this sub-article shall not apply to any power conferred by any law to permit a person to retire from the public service where that person has requested permission to retire from the public service on proved medical grounds. any provision in this constitution that vests in any person or authority power to remove any public officer from his office shall be without prejudice to the power of any person or authority to abolish any office or to any law providing for the compulsory retirement of public officers generally or any class of public officers on attaining an age specified therein. where any power is conferred by this constitution to make any proclamation, order, rules or regulations or to give any directions or to make any designation, the power shall be construed as including a power, exercisable in like manner, to amend or revoke any such proclamation, order, rules, regulations, directions or designation. no provision of this constitution that any person or authority, shall not be subject to the direction or control of any other person or authority in exercising any functions under this constitution shall be construed as precluding a court from exercising jurisdiction in relation to any question whether that person or authority has performed those functions in accordance with this constitution or any other law. where a person is required by this constitution to make an oath he shall be permitted, if he so desires, to comply with that requirement by making an affirmation. any reference in this constitution to a law made before the commencement of this constitution shall, unless the context otherwise requires, be construed as a reference to that law as in force immediately before the appointed day. any reference in this constitution to a law that amends or replaces any other law shall be construed as including a reference to a law that modifies, re-enacts, with or without amendment or modification, or makes different provisions in lieu of that other law. where parliament has by law provided for the interpretation of acts of parliament, the provisions of any such law, even if expressed to apply to laws passed after the commencement thereof , shall apply for the purposes of interpreting this constitution, and otherwise in relation thereto, as they apply for the purpose of interpreting and otherwise in relation to acts of parliament as if this constitution were an act of parliament passed after the commencement of any such law as aforesaid: provided that, until such time as parliament has made provision as aforesaid, the law applicable for the interpretation of this constitution and otherwise in relation thereto shall be the law which was applicable for that purpose on the appointed day. first schedule. article 47(7) criminal code (chapter 9) code of police laws (chapter 10) code of organization and civil procedure (chapter 12) commercial code (chapter 13) civil code (chapter 16) second schedule. oaths of office (articles 50 and 89) a. oath for the due execution of the office of president i................................. solemnly swear/affirm that i will faithfully execute the office of president (perform the functions of the president) of malta, and will, to the best of my ability preserve, protect and defend the constitution of malta. (so help me god). b. oath for the due execution of the office of prime minister or other minister or parliamentary secretary i ................................. solemnly swear/affirm that i will faithfully and conscientiously perform my duties as (prime minister/minister/parliamentary secretary) in accordance with the constitution and the laws of malta, without fear or favour. (so help me god). third schedule. oath of allegiance (article 124(1)) i .................................. solemnly swear/affirm that i will bear true faith and allegiance to the people and the republic of malta and its constitution. (so help me god). fourth schedule. list of commonwealth countries other than malta (article 23) antigua and barbuda australia bahamas bangladesh barbados belize botswana brunei darussalam cameroon canada cyprus dominica the gambia ghana grenada guyana india jamaica kenya kiribati lesotho malawi malaysia maldives mauritius mozambique namibia nauru new zealand nigeria pakistan papua new guinea st. kitts and nevis st. lucia st. vincent and the grenadines seychelles sierra leone singapore solomon islands south africa sri lanka swaziland tanzania tonga trinidad and tobago tuvalu uganda united kingdom of great britain and northern ireland, and colonies vanuatu western samoa zambia zimbabwe. preamble the proclamation of national independence is one of the supreme moments in the history of the cape verdian nation, resulting in the revitalization of our people, who have undergone the same vicissitudes of fate but who share the persistent hope of creating in these islands proper living conditions for all of our children. independence has also allowed cape verde to become a full member of the international community. however, the affirmation of an independent state was not accompanied by the establishment of a regime characterized by pluralistic democracy, but rather the organization of political power was subject to the philosophy and principles of a single party. the exercise of power in this framework has demonstrated, on a universal scale, the necessity of introducing profound changes in the organization of the political and social life of these states. new ideas assail the world, destroying structures and concepts which seemed solidly established, completely changing the course of international political events. in cape verde, political opening was announced in 1990, with the creation of the institutional conditions required for the first presidential and legislative elections within the framework of political competition. thus, on september 28, the national popular assembly approved constitutional law no. 2/iii/90, which, in revoking article 4 of the constitution and establishing the principle of pluralism, created a new type of political regime. conceived as a means to revitalize democratic elections and a transition towards a new model for the organization of the political and social life of the country, it also established a different system of government and another form of suffrage, in view of imminent elections for a new legislative assembly. it was in this context that the first legislative elections took place in january 1991, followed by presidential elections in february. the participation of the population in these elections demonstrated clearly the country's option in the direction of change of political regime. however, the historical context in which, by means of a partial revision of the constitution, parties were recognized as the principal instruments for the formation of political will in government, has led to a pluralistic democracy which continues to function under the rules and principles of the previous regime. nevertheless, the political and social reality was that the country was in a process of rapid and profound transformation, with the population and emerging political forces assuming the values which characterize a democratic state, values not yet mirrored in the constitution. this constitutional law intends, then, to provide the country with a useful framework, in its text and in its new model. the option in favor of a constitution with the basic principles of a pluralistic democracy, abandoning other governmental options, will provide stability to a country weak in resources, and political succession without upheaval. assuming the principle of popular sovereignty, this constitutional text consecrates a democratic state with a vast list of rights, liberties, and guarantees to citizens, the concept of the dignity of the human being as the absolute value which is supreme over the state itself, a system of government with a balance of power between the various national institutions, a strong and independent judiciary, local authorities whose officeholders shall be elected by the communities to whom they are responsible, a public administration at the service of the citizens and conceived as an instrument of development, and a system of defense of the constitution characteristic of a pluralistic democracy. therefore, this constitutional law incorporates the profound political changes at work in the country and fosters institutional conditions for the exercise of power and of citizenship in a climate of liberty, peace, and justice, the basis of all economic, social and cultural development in cape verde. part i. fundamental principles title i. the republic article 1. republic of cape verde cape verde is a sovereign, unitary, and democratic republic, which guarantees respect for the dignity of the human being and recognizes the inviolability and inalienability of human rights as the basis of all human community, peace and justice. the republic of cape verde recognizes the equality of all citizens before the law, without distinction as to social origin or economic situation, race, sex, religion, political or ideological convictions, and social conditions, and assures the full exercise by all citizens of fundamental liberties. the republic of cape verde is founded upon popular will and has as its fundamental objective the realization of economic, political, social, and cultural democracy, and the construction of a free, just, and cooperative society. the republic of cape verde shall create the conditions indispensable to the elimination of all obstacles which may impede the full development of human beings and which limit the equality of citizens and their effective participation in the political, economic, social, and cultural organization of the state and cape verdian society. article 2. a state of democratic law the republic of cape verde shall be organized as a democratic state based on principles of popular sovereignty, pluralism of expression, democratic political organization, and respect for fundamental rights and liberties. the republic of cape verde shall recognize and respect the organization of political power and the unitary nature of the state, the republican form of government, pluralistic democracy, the separation and interdependence of powers, the separation of churches and the state, the independence of the courts, the existence and autonomy of local authorities, and the democratic decentralization of public administration. article 3. sovereignty and constitutionalism sovereignty shall be vested in the people, who shall exercise it in the forms and under the conditions provided for in the constitution. the state shall be subordinate to the constitution and shall be based on democratic legitimacy, respecting and enforcing respect for laws. laws and other acts of the state, local authorities, and public bodies generally shall only be valid if they are in conformity with the constitution. article 4. the exercise of political power political power shall be exercised by the people through referenda, suffrage, and other established constitutional forms. in addition to suffrage, public officials may also be appointed by representatives of the people, or by legal or constitutional means. article 5. citizenship cape verdian citizenship shall be vested in all those who by law or international convention shall be considered as such. the state may conclude treaties of dual nationality. cape verdians may acquire citizenship in other countries without losing their citizenship of origin. article 6. the territory the territory of the republic of cape verde shall consist of: the islands of santo antão, são vicente, santa luzia, são nicolau, boa vista, mario, santiago, fogo and bravo, and by the smaller islands that historically have always been part of the archipelago of cape verde. the internal waters, archipelago waters, and the territorial sea established by law, as well as the respective seabeds and subsoil. the air space above the geographical areas referred to in the preceding paragraphs. in its contiguous area, its exclusive economic area, and the continental shelf, defined by law, the state of cape verde shall have rights of sovereignty over conservation, exploration, and use of national resources, living and non-living, and shall exercise jurisdiction under the provisions of internal law and the norms of international law. no part of the national territory or rights of sovereignty over it may be alienated by the state. article 7. duties of the state the following are the fundamental duties of the state: to defend independence, to guarantee the unity of the cape verdian nation, and to promote the social, cultural, economic, and political conditions necessary for this result; to guarantee respect for human rights and to assure the full exercise of fundamental rights and liberties by all citizens; to guarantee respect for the republican form of government and for the principles of the democratic state; to guarantee political democracy and democratic participation of citizens in the organization of political power and other aspects of national political and social life; to promote the well-being and quality of life of the cape verdian people, particularly the neediest, and to remove economic, social, cultural, and political obstacles which prevent real equality of opportunity among the nation's citizens; to encourage social cooperation, autonomous organization of civil society, merit, initiative, and individual creativity; to support the cape verdian community around the world and to promote the preservation and development of cape verdian culture; to encourage education, culture, scientific research, the spread and utilization of new technologies, and the diffusion of cape verdian culture in the world. to create the conditions necessary for the transformation and modernization of economic and social structures in order to effect economic, social, and cultural rights of citizens; to protect the land, nature, natural resources, and environment, as well as the historical-cultural and artistic national heritage; to guarantee to foreigners who are permanent or temporary residents of cape verde, or who are passing through the national territory, that they will be treated according to international standards for human rights, and that they will exercise all rights which are not constitutionally or legally reserved to cape verdian citizens. article 8. national symbols the flag, the hymn, and the coat of arms shall be symbols of cape verde and of national sovereignty. the national flag shall consist of five horizontal bands. the upper and lower bands shall be blue, the upper one being half the size of the flag and the lower band, one-fourth. separating the two blue bands shall be three bands, each equaling one-twelfth of the surface of the flag. the two bands adjacent to the blue bands shall be white, and the band between those shall be red. on the five bands there will be ten yellow five-pointed stars, with a top apex at ninety degrees, forming a circle whose center will be at the intersection of the second vertical fourth from the left with the second horizontal fourth from the bottom. the star closest to the bottom is on a circle whose center shall be in the middle of the lower blue band. the national hymn shall be established by law with the approval of two-thirds of the deputies. the coat of arms of the republic of cape verde shall have a radial composition which includes, from the center to the edge, the following elements: a blue equilateral triangle with a white torch; a circle in which is written, extending from the left angle of the triangle to the right, the words "republic of cape verde"; three blue sections parallel to the base of the triangle, within the limits of the first circle; a second circle; a yellow line, from the vertex of the equilateral triangle, over the upper portion of the second circle; three yellow gears occupying the base, with two green palms and five yellow five pointed stars arranged symmetrically. article 9. the capital of the republic the capital of the republic of cape verde shall be the city of praia, on the island of santiago. title ii. international relations and international law article 10. international relations the state of cape verde shall conduct its international relations according to the principles of national independence, respecting international law and human rights, equality among states, non-interference in the internal affairs of other states, reciprocity, cooperation with all other peoples, and peaceful coexistence. the state of cape verde shall defend the right of peoples to self-determination and independence and shall support the struggle of peoples against colonialism or any other form of dominion or political or military oppression. the state of cape verde extols: the abolition of all forms of dominion, oppression, and aggression; disarmament; and the peaceful solution to conflicts, as well as the creation of a just international order capable of assuring peace and friendship among peoples. the state of cape verde shall reject any installation of foreign military bases on its territory. the state of cape verde shall grant to international organizations, namely the united nations and the organization of african unity, the cooperation necessary to the peaceful resolution of conflicts and to assure peace and international justice, as well as respect for human rights and fundamental liberties, and shall support all efforts of the international community to guarantee respect for the sacred principles of the charter of the united nations. the state of cape verde shall maintain special ties of friendship and cooperation with other portuguese-speaking countries and with countries which welcomed cape verdian emigrants. the state of cape verde is pledged to strengthen african identity, unity, and integration, and cooperate for the development, democratic progress, and well-being of peoples, respect for human rights, peace, and justice. article 11. recognition of treaties and accords within the internal judicial order international law shall be an integral part of the cape verdian judicial system, as long as it is in force in the international legal system. international treaties and agreements, validly approved and ratified, shall be in force in the cape verdian judicial system after their official publication, as long as they are in force in the international legal system. judicial acts emanating from competent offices of supranational organizations to which cape verde belongs shall take effect in internal law as soon as they have been established in respective legal conventions. rules, principles of international law, validly approved and ratified internationally and internally, and in force, shall take precedence over all laws and regulations below the constitutional level. article 12. adhering to and withdrawing from international treaties and agreements adherence by cape verde to any treaty or international agreement must be approved by the competent constitutional body before taking effect. cessation of treaties or international agreements through agreement, denunciation, withdrawal, renunciation, or for any other reason permitted by international law, except for expiration, shall follow the same process as that provided for approval. article 13. simple agreements agreements in simplified form, not requiring ratification, may be approved by the governmental agency most competent to have jurisdiction over the subject-matter of the agreement. part ii. rights and duties of citizens title i. general principles article 14. recognition of the inviobility of rights, liberties and guarantees the state recognizes as inviolable the rights and liberties granted by the constitution and guarantees their protection. all public authorities have the duty to respect and guarantee the free exercise of rights and liberties and the accomplishment of constitutional or legal duties. article 15. responsibility of public entities the state and other public entities shall be civilly responsible for acts or omissions of its agents in the exercise of their duties, or because of them, when they violate rights, liberties, or guarantees, causing damage to the rightful party or to a third party. agents of the state or any public entity shall be criminally and penally responsible for acts or omissions violating rights, liberties, and guarantees granted by the constitution or by law. the right, under law, to compensation for damages caused by violation of rights and fundamental liberties, shall be recognized to all. article 16. the scope and meaning of rights, liberties and guarantees laws and international conventions may grant rights, liberties, and guarantees not provided for in the constitution. the extent and the essential content of constitutional norms regarding rights, liberties, and guarantees may not be restricted by means of interpretation. constitutional and legal norms regarding fundamental rights may be interpreted and integrated in accordance with the universal declaration of human rights. the law may restrict rights, liberties, and guarantees only in cases specifically provided for in the constitution. laws restricting rights, liberties, and guarantees must be general and abstract, may not be retroactive, may not reduce the extent and essential content of constitutional norms, and must be limited to what is necessary for the safeguard of other constitutionally protected rights. article 17. legal enforcement constitutional norms regarding rights, liberties, and guarantees shall bind all public and private entities and shall be directly enforced. article 18. the right to resist all citizens shall have the right to disobey any order which offends their rights, liberties, and guarantees, and to repel by force any illegal aggression when it is not possible to have recourse to public authority. article 19. protection of rights, liberties and guarantees all citizens shall have the right to petition the supreme court of justice, by means of the appeal process, for protection of their rights, liberties, and fundamental guarantees recognized in the constitution, as provided by law, and observing the provisions of the following paragraphs: the appeal process may be invoked against acts or omissions of public powers in violation of rights, liberties, and fundamental guarantees, after all means of ordinary recourse have been followed; an appeal may be requested by simple petition, as an emergency matter, and it must be dealt with by a summary decision; all citizens shall have the right to present, individually or collectively, to public authorities or other representative bodies, complaints or claims against acts or omissions of public powers which offend or threaten to offend their rights, liberties, and guarantees. article 20. access to the courts everyone shall be guaranteed access to justice, independently of their economic condition, and within a reasonable period of time, effective protection of their legitimate rights and interests before the courts. everyone shall be guaranteed by law the right to defense, to be represented, to have access to information, and to consultation. article 21. the principle of universality all citizens shall enjoy the rights, liberties, and guarantees, and shall be subject to the duties established by this constitution. cape verdian citizens who reside or who are temporarily abroad shall enjoy the right, liberties, and guarantees, and be subject to constitutional duties which are not incompatible with their absence from national territory. the law may establish restrictions on the exercise of political rights and access to certain offices or public responsibilities on cape verdian citizens who are not native-born. article 22. the principle of equality all citizens shall have equal social status and shall be equal before the law, without privilege, benefit, or prejudice, and may not be deprived of any rights or exempt from any duty by reason of race, sex, ancestry, language, origin, religion, social and economic condition, or political or ideological conviction. article 23. foreigners and expatriates with the exception of political rights and the rights and duties reserved constitutionally or legally to national citizens, foreigners residing or temporarily on national territory shall enjoy the same rights, liberties, and guarantees and be subject to the same duties as cape verdian citizens. foreigners and expatriates may exercise public duties of a technical nature as provided by law. rights may be granted to citizens of portuguese-speaking countries which are not conferred on foreigners, except access to ministries, or service in the armed forces or diplomatic service. foreigners who are resident in the national territory may have the right by law to vote in local elections. article 24. regulation of rights, liberties and guarantees the principles enunciated in this title shall apply to individual rights, liberties, and guarantees which are analogous to those established in the constitution or consecrated by law or international convention. article 25. suspension of rights, liberties and guarantees rights, liberties, and guarantees may only be suspended in the event of a declaration of martial law or a state of emergency, under conditions provided for in the constitution. title ii. rights, liberties and guarantees chapter i. individual rights, liberties and guarantees article 26. the right to life and to physical and mental integrity human life and the physical and moral integrity of persons shall be inviolable. no one may be subjected to torture, or to cruel, degrading or inhuman punishment or treatment; and in no case shall there be the death penalty. article 27. the right to liberty the right to liberty shall be inviolable. freedom of thought and expression; association; religion; worship; intellectual, artistic and cultural creation; demonstration; and other liberties consecrated by the constitution, by laws, and by international law or convention shall be guaranteed. no one may be forced to declare his ideology, religion, or political or union affiliation. article 28. the right to liberty and personal security everyone has the right to liberty and security. no one may be deprived partially or totally of his liberty except by virtue of a judicial sentence for acts punishable under law by prison or by the judicial application of security measures. as exceptions to the principle established in the preceding paragraph, there may be deprivation of liberty, for the time necessary for the accomplishment of its purpose, under conditions established by law and in the following cases: flagrant offense; evidence of a crime whose maximum penalty is imprisonment for a term of more than two years, and insufficient or inadequate means of temporary liberty; failure of the accused to meet conditions imposed under temporary liberty; detention or imprisonment to assure obedience to a judicial decision or appearance before a competent judicial authority or accomplishment of a judicial act; necessity for security, assistance or protection of minors or of adults who by law are treated as such; imprisonment or detention of those whose trial for extradition or expulsion is in progress; imprisonment of military or police agents with a guarantee of appeal to a competent court under the provisions of the law, after exhausting the hierarchical system. everyone detained or imprisoned must be informed in clear, comprehensive form of the reasons for his detention or imprisonment, and his constitutional and legal rights, and shall be authorized to contact a lawyer directly or through his family or a person in his confidence. the person detained or imprisoned may not be forced to testify. the person detained or imprisoned has the right to have identified those responsible for his detention, imprisonment, or interrogation. the detention or imprisonment of any person, and his precise location, shall be communicated immediately to the family of the detainee or prisoner, or the person whom he indicated, as well as a summary description of the motivating reasons. article 29. preventive detention any person detained or imprisoned without having been found guilty must be presented, within a period of not more than twenty-four hours, to the competent judge who must clearly explain the reasons for detention or imprisonment, inform him of his rights and duties, interrogate him in the presence of the defense lawyer freely chosen by him, give him the opportunity for defense, and furnish a decision to validate the imprisonment or to release the prisoner. preventive detention may not be supported where bail, or other legal means, may be substituted. a judicial decision of validation or release from preventive imprisonment, and the location, must be immediately communicated to the family of the detainee or prisoner, or a person in his confidence whom he indicates. preventive imprisonment, with or without a finding of guilt, shall be subject to the time limits established by law, and may not exceed 36 months from the date of detention or capture. article 30. application of criminal law criminal and personal responsibility shall not be transferable. retroactive application of criminal law shall be prohibited unless the subsequent law is more favorable to the accused. application of security measures whose provisions are not established by law shall be prohibited. penalties and security measures may not be applied unless they are expressly stated by law. no one may be judged more than once for the same crime; no one may be punished with a penalty not expressly provided by law or with a more serious penalty than what was established by law at the time the crime was committed. security measures and detention based on serious mental illness presenting a danger may be extended by judicial decision while that state lasts and it is not medically possible or advisable to adopt other measures not restrictive of liberty. the provisions of paragraph 2 shall not prevent punishment, within the limits of internal law, for actions or omissions which, at the time they were committed, were considered criminal according to the principles and norms of international law. article 31. prohibition of perpetual or unlimited imprisonment in no case shall imprisonment or security measures be perpetual or of unlimited or indefinite duration. article 32. effects of penalties and security measures no penalty or security measure may lead to loss of civic, political, or professional rights nor deprivation of fundamental rights, except within the limits inherent in the sentence and the specific requirements of its execution. article 33. principles of penal process every defendant shall be presumed innocent until found guilty, and judgment must be given in the shortest period of time compatible with guarantees of defense. the defendant shall have the right freely to choose his counsel, to assist at all phases of the procedure. defendants who for economic reasons cannot obtain counsel shall be assured, through the proper agencies, of adequate judicial assistance. criminal procedure shall be subject to the adversarial principle. the right to a hearing and the right to defense in criminal trials shall be inviolable and shall be assured to every defendant. all evidence obtained by torture; coercion; assault on physical or moral integrity; illegal invasion of correspondence, telephone, domicile, or privacy; or other illicit means, shall be null and void. criminal hearings shall be public except when defense of personal, family, or social privacy establishes the need for exclusion or restriction of publicity. no case may be removed from a court whose jurisdiction was previously established. in disciplinary trials, defendants shall be assured of the right to a hearing and to defense, under conditions established by law. the right to a trial and to defense in civil or disciplinary trials, where the defendants are military or police, shall be regulated by a special law. article 34. habeas corpus any person detained or imprisoned illegally may demand habeas corpus at the appropriate court. any person who enjoys political rights may demand habeas corpus on behalf of the person illegally detained or imprisoned. the court, within ten days, must render a decision on the petition of habeas corpus. the procedure for habeas corpus shall be established by law. article 35. extradition and expulsion no cape verdian citizen may be extradited or expelled from the country. no foreigner may be extradited for political or religious reasons or for opinions. extradition shall not be permitted to countries in which the particular crime carries the death penalty or a life sentence or where the accused would be subject to torture or inhuman, degrading or cruel treatment. expulsion of foreigners, permanent residents, or those who have requested asylum may only take place following a judicial decision. extradition may be granted only when expressly provided by law or international convention. article 36. the right to asylum foreigners persecuted for political reasons or seriously threatened with persecution by virtue of their activities on behalf of national liberation, democracy, or respect for human rights shall have the right to asylum in the national territory. the status of political refugees shall be defined by law. article 37. the right to nationality no native-born cape verdian may be deprived of nationality or the prerogatives of citizenship. article 38. the right to identity, to a name, and reputation the right to personal identity, to civil rights, to a name, honor, and reputation, and to personal and family privacy shall be guaranteed. civil rights may not be limited except by judicial decision in the cases and conditions established by law. article 39. the right to choose a profession and to try for public office every citizen shall have the right to choose freely his work or profession or to have professional training except for legal restrictions imposed in the public interest or inherent in his own capacity or professional qualification. all citizens shall have the right to public office, under conditions of equality, as provided by law. no one may be compelled to do certain work except in the accomplishment of public service, common and equal for all, or a judicial decision as provided by law. article 40. inviolability of the domicile the domicile shall be inviolable. no one may enter any domicile for an involuntary search and seizure without a judicial warrant issued in the cases and according to forms legally provided, except in case of flagrante delicto or to give assistance. the law shall set forth the cases in which the competent judicial authority may order entry, search and seizure of goods, documents, or other objects in a domicile. in no case shall entry, search or seizure be permitted during the night. article 41. inviolability of correspondence and telecommunications privacy of correspondence and telecommunication shall be guaranteed except in cases in which, by judicial decision rendered in accordance with the law in a criminal trial, interference with correspondence and telecommunication shall be permitted to public authorities. article 42. utilization of computer records utilization of computer records and individual data regarding political, philosophical, or ideological convictions, religious faith, party or union affiliation, and private life shall be prohibited. the law shall regulate the protection of personal computer data, conditions of access to databases, and utilization by public and private authorities of these databases and computers. no one shall have access to archives, files, computer records, or databases to find out personal data regarding a third party, nor transfer personal data from one computer file to another belonging to various services or institutions except in cases provided by law or judicial decision. there shall, in no case, be a national identification number for citizens. article 43. access to data all citizens shall have the right to access to information, to be aware of computer files, archives, and records which relate to them, as well as the right to be informed of their purpose and use in order to request the correction or updating of the data. the process of access to data shall be regulated by law. article 44. marriage and children everyone shall have the right to marry in civil or religious ceremony. requirements and the civic status of marriage and its dissolution, apart from the ceremony, shall be regulated by law. spouses shall have equal rights, civil duties, and responsibilities. children may only be separated from parents by judicial decision in cases provided by law, if the parents do not fulfill their fundamental duties toward the children. there shall be no discrimination toward children born out of wedlock and no discriminatory designation as to their parentage. adoption shall be permitted under forms and conditions regulated by law. article 45. freedom of expression and information everyone shall have freedom of expression by speech, image, or any other medium; no one shall be harassed because of political, philosophical, religious, or other opinions. everyone shall have the freedom to inform and to be informed, obtaining, receiving, and giving out information and ideas in any form without limitation, discrimination, or impediment. limitation of the exercise of these freedoms by any type or form of censorship shall be prohibited. freedom of expression and information shall be limited by the right of every citizen to honor, good reputation, image, and privacy in personal and family life, as well as the protection of youth and children. abuses committed in the exercise of freedom of expression and information shall entail civil, disciplinary, and criminal responsibility, as provided by law. all individuals and corporations shall be assured, under conditions of equality, the right of response and of correction, as well as the right to compensation for damages suffered through abuses of freedom of expression and information. article 46. freedom of the press freedom of the press shall be guaranteed. the provisions of the preceding article shall be applicable to freedom of the press. the freedom and independence of the means of communication relative to political and economic powers shall be assured and may not be subjected to any sort of censorship. the expression and confrontation of ideas and of different opinions shall be assured in the means of communication in the public sector. the state shall guarantee immunity to the public media, as well as the independence of its journalists from government, the administration, and other public powers. the creation or founding of newspapers or other publications does not require administrative authorization nor may a security deposit or any other guarantee be a condition. the creation or founding of radio or television stations shall be through a license conferred by means of public competition as provided by law. journalists shall be guaranteed, under law, access to sources of information and shall be assured of independence and professional secrecy; no journalist shall be forced to reveal his sources of information. the state shall assure the existence and functioning of public service radio and television. the ownership and financing of communication media must be divulged, as provided by law. seizure of newspapers or other publications shall be permitted only for infractions of law and when those responsible for the publication are not indicated in it. article 47. the right to airtime, response and political reply political parties shall have the following rights: airtime on public radio and television, in accordance with their size and other objective criteria defined by law; response and political reply to the government's declarations; the right to airtime may also be granted by law to trade unions, companies, and religious institutions. the right to reply shall be granted to all professional associations and representatives of economic, social, and cultural activities, as well as religious institutions. during electoral campaigns, candidates shall have the right to regular, equal airtime on all radio and television stations, of whatever range and ownership, as provided by law. the right to airtime, response, and reply established in this article shall be regulated by law. article 48. freedom of conscience, religion and worship freedom of conscience, religion, and worship shall be inviolable; everyone shall have the right, individually and collectively, to profess or not profess a religion, to have the religious conviction of their choice, to participate in worship and to express their faith freely, and to spread its doctrine or conviction, while not jeopardizing the rights of others or the common good. no one may be discriminated against, persecuted, deprived of rights, or given special benefits or immunity because of their religious faith, conviction, or practices. churches and other religious communities shall be separate from the state and shall be independent and free in their organization and in the exercise of their own activities, as partners in the social and spiritual development of the cape verdian people. freedom of religious instruction shall be guaranteed. religious presence in hospitals and prisons, as well as the armed forces, shall be guaranteed, as provided by law. churches shall have the right to use the communications media to accomplish their activities and purposes, as provided by law. protection of places of worship, as well as symbols, emblems, and religious ceremonies shall be assured; imitation or mockery shall be prohibited. the right to conscientious objection shall be guaranteed, as provided by law. article 49. freedom to learn, to train, and to teach everyone shall have the freedom to learn, to educate, and to teach. freedom of learning, education, and teaching shall include the following rights: to frequent educational establishments and to teach without discrimination, as provided by law; to choose subjects and courses; to create schools and educational establishments. families have the fundamental right to educate their children according to the ethical and social principles resulting from their philosophical, religious, ideological, aesthetic, political, or other convictions. the state may not program education and culture to follow any philosophical, aesthetic, political, ideological, or religious directives. public education shall not be religious. the state does not possess the exclusive right to teaching and education, recognizing that communities, social groups, and individuals are free to create schools and educational establishments, as provided by law. article 50. freedom to leave the nation and to emigrate all citizens shall have the right to leave the national territory and to return, as well as to emigrate. restrictions on the rights set forth above may only be imposed through judicial decision, and must always be temporary in nature. article 51. freedom of association associations shall be freely constituted, requiring no administrative authorization. associations may freely pursue their own purposes without interference by the authorities. the dissolution of associations or the suspension of their activities may only be determined by judicial decision, as provided by law. armed, military, and paramilitary associations, and those which promote violence, racism, xenophobia, or dictatorship, or those whose purposes violate criminal law, shall be prohibited. no one may be forced to join or to remain a member of an association. article 52. freedom of assembly and demonstration all citizens shall be guaranteed freedom of assembly and peaceful, unarmed demonstration, even in public places, with no necessity for authorization. the promoters of meetings or manifestations in public places must give prior notice to the competent authorities. article 53. freedom to create intellectual, artistic and cultural works intellectual, cultural, and scientific creation shall be free, as well as the spread of literary, artistic and scientific works. protection of copyrights shall be guaranteed by law. chapter ii. rights, liberties, and guarantees in political participation article 54. participation in public life all citizens shall have the right to participate in political life directly and through freely elected representatives. all citizens at least 18 years of age shall be eligible voters. the right to vote may not be restricted except by virtue of exclusions established by law. article 55. participation in the right to aspire to public office all citizens shall have the right to aspire, under conditions of equality and freedom, to public elective office, under conditions established by law. no one may be jeopardized in his profession, employment, or in social benefits to which he is entitled, because of serving in public office or exercising his political rights. the law shall guarantee immunity and independence in the exercise of public office and shall establish ineligibilities necessary for this purpose. article 56. political parties the creation of political parties, as well as their merger, coalition, and disbanding, shall be free, as provided in the constitution and in law. article 57. the right to petition, complaints and grievances all citizens shall have the rights, individually or collectively, to present to public authorities written petitions, complaints or grievances in defense of their rights or in protest of illegal abuses of power, as provided by law. chapter iii. rights, liberties, and guarantees of workers article 58. the right to work, to welfare, to holidays, and to material assistance all citizens shall have the right to work, and the state has the duty to create the conditions necessary for this right to be effective. progressively and in accordance with national economic development, all workers shall be assured of adequate social welfare in the event of illness, industrial accident, old age, and unemployment; periodic paid holidays; rest; leisure; and material assistance. article 59. the right to compensation and to security of employment everyone shall have the right to compensation in proportion to the quantity and quality of work and to security of employment. dismissal for political or ideological reasons shall be prohibited. dismissal shall be illegal without legitimate cause enacted by law. all workers shall have the right to dignified working conditions, to hygiene and security, to a limited working day, to rest, leisure, and weekly time off. men and women shall receive equal pay for equal work. the law shall establish special protection for minors, for the handicapped, and for women during pregnancy and after childbirth, and shall guarantee to women working conditions which permit them to carry out their family and maternal duties. article 60. national minimum salary and maximum limit to working hours the state shall set national standards regarding limiting the duration of work and shall create conditions for establishing a national minimum wage for various occupations. article 61. freedom of professional and trade associations all workers shall be free to create trade unions or professional associations to defend their interests and their collective and individual rights. the creation of trade unions and professional associations shall not require administrative authorization. trade unions and professional associations shall be guaranteed full organizational and functional autonomy and internal regulation. trade unions and professional associations must be governed by democratic principles of organization and management, based on the active participation of members in all activities and periodic election of its agencies by secret ballot. trade unions and professional associations shall be independent of management, of the state, of political parties, the church or religious organizations. the law shall regulate the creation, coalition, federation, and disbanding of trade unions and professional associations, and shall guarantee independence and autonomy relative to the state, management, political parties, and associations, the church, and religious organizations. the law shall assure adequate protection to workers' elected representatives from any limitation in the exercise of their functions, from persecution and threats in the work place. article 62. freedom of membership in trade unions no one may be forced to join a union or professional association, or to remain in a union or professional association, or to pay dues to a union or professional association of which they are not a member. article 63. rights of unions and of professional associations to defend the rights and interests of workers, unions shall have the right, as provided by law, to participate in: arbitration agencies; policy-making institutions of social security and other institutions which promote the protection and defense of the interests of workers. drafting of labor legislation. unions shall have the authority to conclude collective labor contracts, as provided by law. article 64. the right to strike and prohibition of lock-out the right to strike shall be guaranteed; workers have the right to decide on the occasions to strike and the interests which the strike is intended to defend. lock-outs shall be prohibited. the law shall regulate the exercise of the right to strike. title iii. economic, social and cultural rights and duties article 65. private economic initiative everyone shall have the right to free, private economic initiative, which must be exercised with respect for the constitution and the law. everyone shall have the right to create companies and cooperatives, as provided by law. article 66. the right to private property everyone shall have the right to private property, and to transmit it while alive or at death. the right to inheritance shall be guaranteed. seizure or expropriation for public use may be carried out based on law and with the payment of fair compensation. article 67. the right to social security everyone shall be guaranteed, in accordance with national development, the right to social security as a protection in case of unemployment, illness, disability, old age, being orphaned, and all situations of need or loss of subsistence or capacity to work. the state must assure the gradual realization of conditions indispensable to effect these rights, namely by adopting policies to create a national decentralized system of social security and a national network of medical and hospital services. article 68. health everyone shall have the right to health and the duty to defend and promote it, independently of economic condition. the right to health shall be realized through an adequate network of health services and by the gradual creation of the economic, social, and cultural conditions necessary to guarantee a better quality of life for the population. to guarantee the right to health, the state has the following duties: to assure, according to available economic resources, a national health service based on complete care, with priority to preventive activities; to encourage the community's participation in the various levels of health service; to articulate and regulate public and private initiatives on the subject of health; to regulate and control the production, commercialization, and use of chemical, biological, and pharmacological products and other means of treatment and diagnosis. article 69. housing everyone shall have the right to proper housing; the state shall have the duty to achieve this by gradually promoting, according to national economic development, adequate institutional, regulatory, and infrastructural conditions to encourage and support initiatives of local communities to stimulate private construction and access to proper housing. article 70. environment everyone shall have the right to a healthy, ecologically balanced environment, and the duty to defend and conserve it. the state and municipalities, with the cooperation of associations which defend the environment, shall adopt policies to defend and preserve the environment, and will assure the rational utilization of all natural resources. the state shall stimulate and support the creation of associations to defend the environment and protect natural resources. article 71. youth all young people shall have the right to special protection by the family, the society, and the state, permitting the development of their personality, their physical and intellectual capacities, and their full integration in social, cultural, political and economic life. the family, society, and state shall promote the free participation of young people in political life, economic and social development, and the exercise of social, cultural, political, and economic rights. the state and society shall support the creation of organizations for youth for cultural, artistic, recreational, sports, and educational pursuits. the state, in cooperation with parents' associations and educational associations, private institutions and youth organizations, shall adopt a national youth policy to promote and encourage professional training, access to initial employment, and the free intellectual and physical development of youth. article 72. rights of the handicapped and the elderly the handicapped and the elderly shall have the right to special protection by the family, society, and the state, giving them priority in attention from public and private services, special treatment and care, as well as conditions necessary to avoid marginalization. the state, cooperating with private agencies and with associations for the handicapped and the elderly, shall promote a national policy which may gradually: guarantee prevention, treatment, rehabilitation, and integration of the handicapped; guarantee to the elderly and the handicapped economic, social, and cultural conditions permitting them to participate in social life; sensitize the community to the problems of the handicapped and elderly, as well as creating conditions to avoid their isolation and social marginalization. the state shall promote and support special education and the creation of special schools for technical and professional training for the handicapped. the state shall promote and support the creation of associations of the handicapped and the elderly. title iv. social rights article 73. education everyone shall have the right to education. the state shall assure universal primary education, free and compulsory, the duration of which shall be established by law. all education shall be supported by state taxation. article 74. educational policy the state shall promote an educational policy which aims at the progressive elimination of illiteracy; at permanent education; creativity; integration of schools into the community; and the civic training of students. the state shall guarantee to poor students access to the various levels of education and shall promote a policy of granting scholarships and financial aid based on the capacity and personal merit of the student. article 75. public, private and cooperative education the state shall create a system of public schools able to meet the needs of the population. the state shall recognize private and cooperative education and shall guarantee private entities and institutions and cooperatives the right to create schools of different levels, as provided by law. the state shall cooperate with private or cooperative schools to promote and enlarge the educational system, to eliminate illiteracy, to promote permanent education, to improve the quality of education, to train and retrain teachers, and other conditions necessary for the improvement of education. article 76. participation in education teachers, parents, educators, and students shall have the right to participate in the democratic management of schools, as provided by law. the law shall regulate the forms of participation by associations of teachers; parents and students, as well as communities, scientific institutions, and professional associations and unions, in defining educational policy. article 77. education and culture everyone shall have the right to education and culture. education must stimulate creativity; encourage democratic participation in national life; promote tolerance and solidarity; and contribute to social progress and civic and moral training. the state shall encourage the democratization of education and culture and, progressively, shall guarantee access by everyone to cultural resources. the state shall encourage and support the creation of institutions and public and private associations which promote education and the defense of national culture. the state shall support the diffusion of cape verdian culture, especially within cape verdian communities throughout the world. article 78. physical education and sports everyone shall have the right to physical education and sports. the state shall support and stimulate the formation of sports associations and, in cooperation with these associations, shall promote the practice and diffusion of physical education and sports. article 79. consumerism the state shall encourage and support the creation of consumers' associations; the law has the duty to protect consumers and guarantee the defense of their interests. title v. duties article 80. general duties all individuals have duties toward the family, society, the state, and other legally recognized institutions. all individuals shall have the duty to respect the rights and liberties of others; to respect morality and the common good. article 81. duty not to discriminate all individuals shall have the duty to respect their fellow-citizens without discrimination of any type and to maintain relations which promote, safeguard, and reinforce mutual respect and tolerance. article 82. duties to the community all individuals shall have the duty: to serve the national community and to put at its service their physical and intellectual capacities; to work, according to their possibilities and capacities; to pay the taxes and levies established by law. to strive, in their relations with the community, for the preservation and strengthening of cultural values, for a spirit of tolerance, for dialogue and cooperation and, in general, to contribute to the promotion of morality and civic education. to defend and promote health; to defend and conserve the environment. article 83. duties to the state all individuals shall have the duty to contribute to the defense of the nation. all individuals shall also have the duty to obey all statutes and orders set forth by legitimate authorities, as provided in the constitution, with respect to rights, liberties, and guarantees. title vi. the family article 84. protection by society and by the state the family is the fundamental element and the basis of all society. the family must be protected by society and by the state to create conditions for the accomplishment of its social function and for the personal fulfillment of its members. everyone shall have the right to form a family. the state and social institutions must create conditions to assure the unity and stability of the family. article 85. obligations of the state for the protection of the family, the state shall have the following duties: to assist the family in its mission of guarding the social values recognized by the community; to promote the social and economic independence of family units; to cooperate with parents in the education of their children; to define and execute, in consultation with associations representing families, a family policy of general, national scope. the state shall also have the duty to assure the elimination of conditions which tend to discriminate against women and to assure the protection of women's rights, as well as the rights of children. article 86. paternity and maternity fathers and mothers must give assistance to children born within or outside marriage, namely food, care, and education. fathers and mothers shall have the right to the protection of society and the state to accomplish these duties in regard to their children. fatherhood and motherhood constitute the highest social values. article 87. childhood all children shall have the right to the special protection of the family, society, and the state to guarantee conditions necessary for the whole development of their physical and intellectual capacities, and special care in case of orphans, abandoned children, or the emotionally deprived. the family, society, and the state must guarantee the protection of children against any form of discrimination or oppression, as well as abusive authority from family, public or private institutions to whom they are entrusted, and also against exploitation through child labor. child labor shall be prohibited during the years of compulsory schooling. part iii. economic, financial and fiscal organization title i. the economic system article 88. general principles all economic resources and wealth of the country, whatever its ownership or form, shall be subordinate to the general interest. the state shall guarantee conditions for the fulfillment of economic democracy, assuring: benefit to all citizens from the profits resulting from collective effort toward socioeconomic development, translated into a better quantity and quality of standard of living; equality of conditions in business establishment and in competition among all economic agents, private and public; participation of different social and economic groups through their representatives and local bodies in the process of conception, approval, execution and evaluation of development plans. a favorable environment for free, general access to knowledge, information and property; balanced development of all regions and adequate use of their specific resources; economic activities may not jeopardize the ecosystem nor contribute to imbalance in the relations between man and the environment. the state must support national economic agents in their relations with the rest of the world and support in a special way economic agents who contribute to the integration of cape verde in the world economic system. article 89. foreign investment the state shall encourage and support foreign investment which contributes to the economic and social development of the country. article 90. coexistence of economic sectors coexistence of the following sections of the economy shall be guaranteed: the public sector, consisting of the means of production whose property and management belong to the state or other public entities; the private sector, consisting of the means of production whose property and management belong to individuals or private organizations, including cooperatives; there may be communal means of production belonging to the local communities and managed by them. article 91. public domain the following property shall be in the public domain: interior waters, archipelago waters, and the territorial sea, its beds and floor; airspace over the national territory; the continental shelf; living and non-living resources in the interior waters, archipelago waters, the territorial sea, the contiguous zone, the exclusive economic zone, and the continental shelf; mineral deposits and the natural subterranean cavities; public roads; beaches and the maritime zone; other property as determined by law. the law shall make regulations regarding property in the public domain, as well as its management and conservation, with respect to principles of inalienability. article 92. plans the economic and social development of cape verde shall be guided by a national plan which takes into account regional plans. provisions in the national plan shall be set forth by the government in accordance with its program. provisions in the plan must be submitted for approval by the national assembly. execution of the plan shall be decentralized under coordination by the government. title ii. financial and fiscal system article 93. financial system the financial system shall guarantee the formation and protection of savings, as well as the application of financial measures necessary for the economic and social development of the country. article 94. bank of cape verde the bank of cape verde shall be the central bank with the exclusive right to issue money; it shall cooperate in the definition and execution of monetary, financial, and exchange policy, as provided by law. the preceding shall not exclude limitations nor obligations imposed by the participation of cape verde in african supranational, regional, and sub-regional organizations. article 95. fiscal system the fiscal system shall be structured to meet the financial needs of the state and other public entities, to fulfill the objectives of the economic and social policy of the state, and to guarantee a just distribution of income and wealth. taxes shall be created by law, which shall determine the basis, the rate, and guarantees to taxpayers. no one may be forced to pay taxes which have not been created under provisions of the constitution or whose payment and collection are not provided by law. within the same fiscal year, the basis and rate of taxes may not be increased. article 96. prohibition against retroactivity of tax laws tax laws may not be applied retroactively unless retroactivity would be more favorable to the taxpayer. article 97. budget the budget of the state shall be unitary; shall specify revenue and expenditures, allotted according to respective organic and functional classifications; it must be annual; it must be public; it must be drawn up in such a way that all expenditures provided are covered by revenue. the budget may contain programs and projects covering several years; in that case, the budget must include the costs to be charged to the applicable year. the fiscal year shall coincide with the calendar year. the law shall define the rules for the execution of the budget and the criteria for changing it within the period of its execution. article 98. presentation of the budget the budget bill shall be presented by the government and voted by the national assembly within time limits established by law. the law shall establish the procedure to be followed whenever it is not possible to meet the time limits for the presentation and voting of the budget. the budget bill shall be accompanied by reports justifying the revenue and expenditures, and changes, as well as other elements which may be necessary. article 99. execution of the budget execution of the state budget shall be supervised by the court of accounts and by the national assembly, which shall audit and approve the state's general accounting. part iv. the exercise and organization of political power title i. forms of exercise of political power chapter i. general common principles article 100. election registration to exercise the right to vote or be elected to any political office, a citizen must be validly registered on the date of the elections or the declaration of candidacy. registration shall be official, compulsory, permanent, and personal for all elections by universal, direct, secret suffrage, and must correspond at all times to the electoral population. every citizen shall have the right to register, to verify his registration, and in case of error to request a correction, as provided by law. registration of electors must be carried out by the appropriate registration office. political parties may cooperate with registration commissions, supervise registration activity, request information, obtain copies of electoral rolls, present their claims, and make protestations and counter-protestations, according to law. there shall be a law to regulate election registration. article 101. jurisdiction over the election process courts shall have exclusive jurisdiction in judging the regularity and validity of the electoral process. article 102. election law during the period from one year before the election to any political office until the verification of the results, the respective electoral law may not be altered or revoked. article 103. election campaigns candidates, political parties, and groups of independent citizens who run for office shall have the right to campaign, including campaign literature, in the electoral districts in which they run. the election campaign period shall be established by law. citizens shall have the right to participate actively in election campaigns. expression of ideas and political, economic, and social principles may not be limited during election campaigns, without ruling out possible civil or criminal responsibility. the electoral law shall regulate election campaigns based on principles of freedom of publicity; equal opportunity and equal treatment of all candidates; impartiality of all public entities toward the candidacies; and supervision of electoral accounting. article 104. supervision of election operations the voting process and verification of the votes shall be supervised by candidates, political parties, and competing political forces through delegates appointed by them for each election. article 105. secrecy and singularity of the vote voting shall be secret and no one may be forced to reveal the direction of his vote. each voter may vote only once. article 106. election districts for the election of the president of the republic, the national territory shall constitute one electoral district, with one electoral college. for the election of deputies in the national assembly, the national territory shall be divided into electoral districts, to be defined by law, with an electoral college for each one. outside the national territory, electoral districts shall be defined by law, but their headquarters shall be in the city of praia. article 107. voters living abroad voters residing abroad shall be integrated into electoral colleges corresponding to the electoral districts where they are registered. chapter ii. the referendum article 108. general and common principles voters registered in the national territory shall have the right to be heard on questions of national or local interest through referenda. referenda may not be called or held during the period between the calling of elections by national or local bodies and the election date; during a state of emergency and for thirty days following the end of martial law or a state of emergency, and in the latter case, only in the part of the territory declared to be in a state of emergency. each referendum shall have as an object only one question; the following questions may never be submitted to popular referendum: separation and interdependence of national bodies and their authority; independence of courts and their decisions; separation of church and state; designation of elected national and local officials by universal, direct, secret, periodic suffrage; pluralism in expression, the existence of political parties and associations, and the right to opposition; constitutionally established rights, liberties, and guarantees; national or local budget, tax, or financial laws; autonomy of local authorities, as well as the organization and authority of these bodies; referendum questions shall be submitted for prior approval as to constitutionality and legality. questions judged unconstitutional or illegal may not be submitted to referendum or resubmitted during the same legislative session. questions rejected by the competent authority or by the voters also may not be resubmitted during the same legislative session. the results of a referendum shall be applicable to all political bodies and all public and private entities. the provisions of articles 100 to 105 shall be applicable to referenda and their necessary adaptations. questions to be submitted to voters must be formulated with simplicity, objectivity, precision, and clarity, without suggestion of a response; the response must be yes or no. article 109. national referenda national referenda shall be called by the president of the republic, by popular initiative, by the national assembly or by the government. by popular initiative, the president of the republic may call for a referendum on any subject of relevant national interest, at the request of 30,000 citizens, with the agreement of the national assembly and the council of the republic. the request referred to in the preceding paragraph must be approved by at least ten percent of the resident voters in not less than seven islands. the proposition to the national assembly must be approved by two-thirds of the deputies present and a majority of the deputies currently in office. article 110. local referenda local referenda may be held on questions under the exclusive authority of autonomous bodies. local referenda may be called by the president of the municipal chamber upon the initiative of the chamber, the municipal assembly, or not less than ten percent of the registered voters in the local area where the referendum is to be held. the calling of the referendum must be approved by two-thirds of the current members of the municipal assembly. chapter iii. suffrage section i. general principles article 111. exercise of political power through suffrage in the exercise of political power, the people shall designate office holders by universal, direct, secret, periodic suffrage. article 112. conversion of votes the conversion of votes in each electoral college shall be in accordance with the principle of proportional representation. except for the provision of paragraph (1), the conversion of votes shall be by executive bodies of the electoral college, for which principles shall be established by law. article 113. presentation of candidates candidacies shall be presented, individually or in coalitions, by political parties, from among registered voters and, in local elections, by groups of citizens. parties, coalitions, and groups of citizens may not present more than one list of candidates in each electoral district. no one may be a candidate in more than one district or appear on more than one list, under penalty of ineligibility. article 114. immunity of candidates no candidate may be subject to preventive detention, except in the case of flagrant offense, for a crime whose maximum penalty shall be more than two years imprisonment and, aside from flagrante delicto, for a crime whose maximum penalty shall be more than eight years imprisonment. if a candidate is indicted, the trial may only proceed after the proclamation of the election results. article 115. elections voting for elected officials shall be on a date set in accordance with the constitution and the law; election day must be the same in all electoral districts, except in cases provided by law. in the act dissolving the electoral colleges, the date for new elections must be set; they shall take place within 120 days under the electoral law in effect at the time of dissolution. article 116. equal treatment parties, coalitions, and groups of citizens, as well as the candidates proposed by them, shall have the right to equal treatment by public entities to have the best conditions for an election campaign. section ii. election of the president of the republic article 117. election the president of the republic shall be elected by universal, direct, secret suffrage, by registered voters in the national territory and abroad, as provided by law. for purposes of the election of the president of the republic, each registered voter abroad shall have one vote, with the total of these votes not to exceed one-fifth of the verified votes in the national territory. if the total of votes from registered voters abroad exceeds the limit referred to in the preceding paragraph, it must be converted to a number equal to that limit and the total of votes obtained by each candidate will be converted in proportion. a special law shall regulate the election of the president of the republic. article 118. eligibility to be elected president of the republic, the candidate must be a native-born cape verdian voter, at least thirty-five years of age at the date of candidacy, and have been a permanent resident in the national territory for three years immediately preceding that date. from the public announcement of candidacy, to the date of withdrawal or the official proclamation of the election results, no candidate may exercise any public office, nor the post of attorney general, or chief or vice-chief of the armed forces. in the event referred to in the preceding paragraph, the candidate shall be automatically suspended from the exercise of his duties, which shall be temporarily assumed by a substitute; the candidate may resume that office without any formality, from the date of his withdrawal or if he is not elected. during the period of suspension of duties, the candidate shall continue to receive his salary, and he will not lose service time for retirement or any other purposes. article 119. candidates candidacies for president of the republic must be proposed by a minimum of 1,000 and a maximum of 4,000 voters and presented to the supreme court of justice not later than sixty days before the election date. where there are only two candidates, in the event of the death or incapacity of one of them for the exercise of presidential duties, during the first balloting, the following process shall be observed: if the death or incapacity referred to above occurs before the voting, the election process will be reopened as provided by law; if the death or incapacity occurs after the voting, the election process will be reopened only if the other candidate has not obtained a majority of the votes as provided in article 121 (1). article 120. date of election the president of the republic shall be elected between the 40th and 25th day prior to the end of the term of the outgoing president. in case of vacancy in the office, the new president of the republic must be elected within 90 days after the vacancy. article 121. election procedures the president of the republic shall be the candidate who receives a majority of the votes validly cast, with blank ballots not counting. if no candidate receives a majority of votes, a second ballot will be held two weeks after the first; the two candidates receiving the most votes on the first ballot shall compete. in the event of the death or incapacity of one of the candidates on the second ballot, the provisions of article 119 (2) (a) and (b) will be observed. in the event of the reopening of the election process at the second ballot, under the provisions of article 119 (2) (a) and (b), the candidate will be asked to compete who immediately followed according to the electoral results. at the second ballot, the withdrawal of either candidate shall lead to the reopening of the electoral process if it is declared within forty-eight hours after the proclamation of the results of the first ballot. if there are no other candidates who, under the provisions of (4), may be admitted to the second ballot, or in case the withdrawal of one of the other candidates is after the time referred to in (5), the other candidate shall be declared immediately elected. section iii. election of deputies to the national assembly article 122. voting for lists deputies shall be elected from lists in each electoral college; the voter shall vote for one name on the list. the number of candidates on each list proposed for election must equal the number of seats attributed to the respective electoral college. the number of substitute candidates must be, at a maximum, equal to the number of seats attributed to the respective electoral college and cannot be less than three. the number of deputies for each electoral college shall be proportional to the number of registered voters, but not less than a minimum established by law and as provided in article 153 (2). article 123. distribution of seats according to lists on each list the candidates shall be ranked in the order of precedence indicated on the respective declaration of candidacy, and seats shall be attributed by that order of precedence. article 124. conditions of eligibility cape verdian voters shall be eligible except for ineligibilities provided by law. chapter iv. political parties article 125. relationship between parties and denominations political parties shall compete democratically for the political support of the people and to organize political power. political parties may not adopt names which, directly or indirectly, are identified with any part of the national territory, with a church, religion, or religious doctrine, or that may evoke the name of a person or institution; they may not adopt emblems which are the same as, or might be confused with, national or regional symbols. article 126. prohibition of parties with regional or local objectives it is prohibited to form political parties of regional or local scope, with regional or local objectives, which intend to use subversive or violent means in the pursuit of their ends, or which have a paramilitary nature. political parties must respect national independence and unity, territorial integrity, the democratic regime, the multiparty system, and the rights and fundamental liberties of the individual. article 127. barring of parties political parties may only be barred by judicial decision and in cases established by law. article 128. benefits the law shall regulate the benefits attributed to political parties by the state and shall establish rules and constitutional precepts relative to political parties. part v. organization of political power title i. general and common principles article 129. creation of national sovereign bodies national entities embodying sovereignty shall only be those classified as such by the constitution. political parties and coalitions of parties shall participate, in accordance with their electoral representation, in national bodies elected by universal direct suffrage. the formation, composition, and authority of national bodies shall be defined under the provisions of the constitution. article 130. principle of separation and interdependence of powers the basic organizing principles of national bodies shall be the separation and interdependence of powers. national bodies in their reciprocal relations and in the exercise of their duties, must respect the separation and interdependence of powers under conditions provided in the constitution. article 131. enumeration of national bodies the following are national bodies: the president of the republic; the national assembly; the government; the courts. article 132. publication of meetings meetings of the national assembly, municipal assemblies, and other political bodies which function in assembly shall be public and may be broadcast directly on radio and television except in cases expressly provided in law. actions taken in the meetings of the above-referenced bodies shall be public. article 133. quorum and relative majority public bodies may function and deliberate only when a majority of their legal membership is present. decisions of public bodies shall be made by plurality of votes except in cases in which the constitution, the law, or respective by-laws require a majority. in obtaining a majority, absences, abstentions, and blank votes shall not be counted. article 134. principles of renewal office holders in national elective bodies, local offices, and other elected political bodies may not be designated for life. article 135. responsibilities of office holders political office holders shall bear political, civil, and criminal responsibility for acts and omissions done in the exercise of their duties and because of their duties, as provided by law. crimes committed by office holders shall be defined by law which will establish applicable sanctions, which must always include loss of office or seat and prohibition from holding political office for a period of not less than ten years. office holders sanctioned for serious illegality by loss of office or seat shall be prohibited from holding political office for a period of not less than five years. article 136. rights, privileges and immunities office holders shall enjoy the rights, liberties, privileges, and immunities and shall be subject to the duties established by the constitution and by law. the constitution and the law shall define responsibilities and incompatibilities of office holders. title ii. the president of the republic chapter i. definition, term and power article 137. definition the president of the republic shall guarantee the unity of the nation and the state, the integrity of the territory, and national independence, and he shall guarantee the execution of the constitution and of international treaties. the president of the republic shall represent the republic of cape verde internally and abroad and shall be the supreme commander in chief of the armed forces. article 138. term of office the president of the republic shall be elected for a period of five years, which shall begin with taking office and shall end with the newly-elected president. in case of vacancy in the office, the new president shall begin a new term. article 139. oath of office the president of the republic shall take office before the national assembly on the last day of the term of his predecessor or, in case of election to fill a vacancy in the office, on the fifth day following the publication of the electoral results. on taking office, the president of the republic shall take the following oath: "i swear on my honor to faithfully fulfill the office of president of the republic of cape verde in which i am installed, to defend, fulfill, and enforce the constitution, to observe the laws, and to guarantee territorial integrity and national independence." article 140. resignation from office the president of the republic may resign his office by a message sent to the nation through the national assembly, convened in a plenary session, and later published in the official journal of the republic. the resignation shall take effect as soon as the nation has been informed by message. chapter ii. status article 141. incompatibilities the president of the republic may not exercise any other political function or public office, except in cases specifically provided in the constitution, and in no case may he occupy any private post. article 142. absence from national territory the president of the republic may not be absent from the national territory without the consent of the national assembly, or if they are not in session, of the permanent commission. in the case of trips which are not official and which are of less than two weeks' duration, the consent referred to in the last paragraph shall be dispensed with; however, the president of the republic must give prior notification to the national assembly. failure to observe the provisions of (1) and (2) shall entail loss of office. article 143. temporary substitution in the event of temporary disability, absence abroad, or vacancy in the office, until the installation of the newly-elected president, the president of the republic shall be replaced temporarily by the president of the national assembly or, if he is unable to serve, by the first vice president. while temporarily filling the office of president of the republic, the legislative functions of the president of the national assembly or the first vice president shall be automatically suspended. article 144. criminal responsibility for crimes committed in the exercise of his duties, the president of the republic shall be responsible to the supreme court of justice. the national assembly shall have the duty of requesting the attorney general of the republic to carry out criminal action against the president of the republic, upon petition of twenty-five deputies and with the approval of two-thirds of the deputies currently in office. the president of the republic shall be suspended from his duties from the date of the indictment or equivalent, and conviction shall preclude the possibility of reelection. for crimes committed outside the exercise of his duties, the president of the republic shall be responsible to ordinary courts, after the end of his term. article 145. preventive detention the president of the republic may in no case be subjected to preventive detention. article 146. re-eligibility the president of the republic may not be a candidate for a third term within five years immediately following the end of his second consecutive term. if the president of the republic resigns his office, he may not be a candidate for a new term for ten years following the date of resignation. if the president of the republic abandons his duties or is absent from the national territory in violation of the provisions of article 142 (1) and (2), he may not be a candidate for the office nor occupy any other political office in national or local bodies. chapter iii. authority article 147. jurisdiction of the president of the republic the president of the republic shall have the following responsibilities: to exercise the duties of supreme commander of the armed forces; to preside over the council of the republic; to preside over the superior council on national defense; to preside over the superior council of honors; to dissolve the national assembly under the provisions of article 155 (2) and meet with the political parties of the assembly; to direct messages to the national assembly and the nation; to set the date for elections of the president of the republic, and deputies in the national assembly, meeting with the council of the republic under the provisions of the electoral law; to call referenda on the national level and set the date on which they are held; to appoint the prime minister, after consulting political forces in the national assembly and taking into account the election results; to appoint two members of the council of the republic; to appoint the president of the supreme court of justice from among the judges of this court, after consulting the superior council of magistrates; to appoint one judge to the supreme court of justice; to appoint two members of the superior council of magistrates; to pardon and commute punishments, after consulting the government; to request the president of the national assembly, after consulting the council of the republic, to convene the assembly in extraordinary session to deal with specific matters; to ask the supreme court of justice for prior review of the constitutionality or legality of questions for referenda at the national level; to ask the supreme court of justice for prior review of the constitutionality of international treaties; to ask the supreme court of justice to review the constitutionality of judicial standards; to exercise veto power within a period of thirty days from the receipt of a bill for promulgation; the president of the republic shall also have the following responsibilities: to preside over the council of ministers at the request of the prime minister; to promulgate and publish laws, legislative decrees, decree-laws, and regulatory decrees; to dismiss the government, under the provisions of article 214 (2); to appoint and dismiss members of the government upon the nomination of the prime minister; to appoint, upon the nomination of the government, the president of the court of accounts; to appoint, upon the nomination of the government, the attorney general of the republic; to appoint and dismiss, upon the nomination of the government, the commander of the armed forces and the vice-commander of the armed forces, when that office exists; to declare martial law or a state of emergency after consulting the government and with the authorization of the national assembly. the president of the republic, when requesting an extraordinary session of the national assembly, shall indicate clearly the specific matters to be considered and the period within which the session shall be called; the president of the national assembly shall have the responsibility of convening the assembly within the period indicated. in the cases referred to in (2)(h), if the national assembly is not in session and it is not possible to convene it immediately, the authorization may be given by its permanent commission, but this must be ratified by the plenary session at the first meeting after the date of authorization. article 148. jurisdiction of the president of the republic regarding international relations in the area of international relations, the president of the republic shall have the following responsibilities: to ratify, after valid approval, international treaties and agreements; to declare war and make peace, at the government's request, after consultation with the council of the republic, and with the authorization of the national assembly or, when it is not in session, of its permanent commission; to appoint and dismiss ambassadors, permanent representatives, and special envoys, upon the nomination of the government; to receive accreditation from foreign diplomatic representatives. article 149. veto when the president of the republic exercises his veto power, he must return the bill to the body which passed it, with a message substantiating the veto, and requesting a new consideration of the bill. within 120 days from the receipt of the message of the president of the republic, if the national assembly confirms its approval by a majority of the deputies holding office, the president of the republic must promulgate it within one week article 150. promulgation and referring legislation referred to in article 147 (2)(b) shall be promulgated and signed by the president of the republic, under penalty of legislative lapse. presidential acts which must be done at the request or after consultation of the government must be referred by the prime minister, under penalty of legislative lapse. governmental legislation and regulatory decrees shall also be referred by the prime minister, under penalty of legislative lapse. article 151. acts of the interim president of the republic the interim president of the republic may not perform the acts provided in article 147 (1) (e), (f), (h), (j), and (l)[k] or (2) (e), (f), (g), and (h). title iii. the national assembly chapter i. definition, composition and dissolution article 152. definition the national assembly shall be the assembly representing all cape verdian citizens. article 153. composition the national assembly shall have a minimum of sixty-six and a maximum of seventy-two deputies elected under the provisions of the constitution and the law. the totality of electoral districts outside the national territory shall have six deputies distributed among them, as provided by law. article 154. election to the national assembly except in the event of dissolution, the election for the national assembly must take place during the period which begins four years and eleven months after the date of the previous election and ends five years and fifteen days after that date. article 155. dissolution the national assembly shall be dissolved if one session: rejects two motions of confidence in the government; approves four motions of censure of the government. the national assembly shall also be dissolved in the event of a serious institutional crisis, when that is necessary for regular functioning of democratic institutions; the act must have prior approval of the council of the republic, under penalty of judicial lapse. article 156. prohibition against dissolution the national assembly may not be dissolved in the twelve months following its election; in the year before the end of the term of the president of the republic; in the event of martial law or a state of emergency, while it is in effect and for thirty days after it ends; and also after presenting a motion of confidence or censure and for ten days following the vote on the motion. an act of dissolution enacted in violation of the provision in the preceding paragraph shall be null and void. dissolution shall not end the deputies' term nor jeopardize the remuneration, authority, or functioning of the permanent commission before the opening of the constituent session of the newly-elected assembly. chapter ii. organization article 157. composition of the executive board the executive board of the national assembly shall be composed of the president, the first vice president, the second vice president, and two secretaries, elected under the provisions of the assembly's by-laws. the president and the secretaries shall be elected by written nomination of a minimum of fifteen and a maximum of twenty deputies. the offices of first and second vice president must be awarded to the two major parties or political forces represented in the assembly. members of the executive board of the national assembly shall be elected by the whole legislature under the provisions of the national assembly's by-laws. members of the executive board, while they are in office, may not be leaders of parliamentary groups or participate in any special or ad hoc commissions. article 158. subsistence of the executive board at the end of the legislature or in the event of dissolution, the executive board of the national assembly shall remain in office until the opening of the constituent session of the newly-elected assembly. article 159. commissions the national assembly shall have a permanent commission and special commissions; they may also constitute ad hoc commissions and commissions of inquiry into actions of the government and the public administration and for other specific purposes. the composition of the commissions, with the exception of the permanent commission, must correspond to the representation of each party or political force with seats in the national assembly. other aspects of the composition, authority, and functioning of the commissions shall be regulated by the national assembly's by-laws. article 160. permanent commission the permanent commission shall function during the period in which the national assembly is dissolved, between sessions, and in other cases provided in the constitution. the permanent commission shall be composed of the president of the national assembly, who shall preside, vice presidents and secretaries of the executive board, and one representative of each parliamentary group. in the event that a party or political force with a seat in the assembly does not have a constituent parliamentary group, one of its representatives will be a member of the permanent commission. the representatives referred to in the previous paragraphs shall have a number of votes on the permanent commission equal to the number of deputies whom they represent. the permanent commission shall have the following responsibilities: to exercise the powers of the national assembly regarding the terms of deputies; to assist in the activities of the government and the administration; to give consent to the president of the republic's absence from the national territory; to authorize the president of the republic to declare martial law or a state of emergency, to declare war, and make peace. at the end of the legislature or in the event of dissolution of the national assembly, the permanent commission shall remain in office until the opening of the constituent session of the newly-elected assembly. article 161. parliamentary groups parliamentary groups shall consist of a minimum of five deputies. no deputy may belong to more than one parliamentary group. the organization, functioning, and authority of parliamentary groups shall be regulated by the assembly's by-laws. chapter iii. functioning article 162. legislature the national assembly shall be elected for a period of five years. the legislature shall begin with the first session of the national assembly after the elections and shall end with the first session of the newly-elected assembly. in case of dissolution, the newly-elected assembly shall begin a new legislative session. article 163. legislative sessions the number of ordinary legislative sessions shall be set by the national assembly's bylaws but shall never be fewer than two per year. article 164. meeting on the appropriate dates the national assembly shall meet on the dates established for the beginning of the legislature and for each legislative session and for the extent of martial law or a state of emergency. if it is not possible for the national assembly to meet during martial law or a state emergency or if it is dissolved on the date of the declaration of martial law or a state of emergency, these powers shall automatically be assumed by the permanent commission. article 165. first meeting after elections the national assembly shall meet to begin the legislative session on the twentieth day following the publication of the election results in the official journal of the republic. article 166. special sessions outside the normal period of functioning, the national assembly may meet in extraordinary session in case of war, martial law or a state of emergency, to review the program of the government, or to take care of a specific emergency matter of relevant national interest. the national assembly may also be convened in extraordinary session at the request of the president of the republic to deal with specific matters as provided in article 147, 1(p)[o] and (3). in the extraordinary sessions the national assembly may only deal with the specific matters which are the object of the session. article 167. agenda the agenda of each legislative session shall be set by the president of the national assembly, in consultation with the conference of representatives of parliamentary groups and in accordance with the priority of subject matter defined in the by-laws of the national assembly, with the right to have recourse to the plenary session of the assembly. parliamentary groups shall have the right to set the agenda for at least one plenary session in each ordinary legislative session under the provisions of the by-laws of the national assembly. the government may request priority for matters of national interest needing emergency resolution. article 168. participation of the government in activities of the national assembly the prime minister, the vice prime ministers, if there are any, and the ministers shall have the right to appear at plenary sessions of the national assembly, with a right to speak under the provisions of the by-laws of the national assembly. meetings may be scheduled to question the government by means of oral or written questions or by requests for clarification. in the meetings referred to in the previous paragraph, one or more members of the government must be present; however, the prime minister may be replaced by the vice prime minister, if there is one, and a minister may be replaced by a secretary of state. chapter iv. lawmaking section i. initiative for laws and referenda article 169. initiative of law of referendum initiative for laws shall be vested with deputies, parliamentary groups, and the government. initiative for referenda shall be vested with deputies, parliamentary groups, and the government. private bills and referenda questions shall be initiated and drafted by deputies and parliamentary groups. government bills shall be initiated and drafted by the government. deputies and parliamentary groups may not introduce: private bills which entail, directly or indirectly, an increase in expenditures or a decrease in revenue provided for by the state budget or which modify in any way the current fiscal year; referenda questions which violate the provision of article 108 (3); private bills or referenda questions which are unconstitutional or illegal. private and government bills with substantially the same content and which are intended to regulate the same matter, if rejected, may not be reintroduced for the next three legislative sessions. article 170. passage of and lapsing of motions and of referenda questions bills shall be passed within the legislative session. motions for bills shall lapse upon the resignation of the government. motions and draft bills and referenda proposals shall lapse with the dissolution of the national assembly or at the end of the legislative session. after approval by a final vote, plans and bills shall be called legislative acts. legislative acts shall be presented to the president of the republic for promulgation. article 171. initiative of resolutions and motions deputies shall have the right to initiate resolutions, as well as: the executive board of the national assembly in cases provided by law; the government, for approval of international treaties and agreements; the resolution which authorizes the president of the republic to declare martial law or a state of emergency or to be absent from the national territory shall be adopted by request from the president of the republic to the national assembly. motions shall be initiated by deputies and also by the government in regard to motions of confidence. section ii. discussion and voting article 172. discussion and vote discussion of draft bills and motions for laws and proposals for referenda shall consist of one debate on general principles and another debate on specifics. voting on draft bills and motions and proposals for referenda shall consist of one vote on general principles, one vote on specifics, and one final overall vote. for debate in plenary session of the national assembly, draft bills and motions may first be voted upon, in specifics, by special commissions, without prejudice to the right of the assembly to debate same before its final overall vote, said vote to approve texts whose specifics were passed by those special commissions. drafts of constitutional laws and drafts and motions for organic laws must first have their specifics passed by plenary session of the national assembly. article 173. qualifying majority constitutional draft bills must be approved by two-thirds of the deputies currently in office. except for the provisions of the following paragraph, draft bills and motions must be approved by a majority of deputies currently in office. organic bills which deal with subjects contained in article 187 (1) (c), (g), (h), and (i) must be approved by two-thirds of the deputies present, provided the number is greater than a majority of the deputies currently in office. chapter v. the status of deputies article 174. nature and goals of representatives deputies shall be representatives of all the people and not only of the electoral districts from which they were elected. article 175. beginning of term of office the term of deputies shall begin with the first session of the national assembly after elections and shall end with the first session after the following elections, taking into account suspension or individual termination. the statute of deputies shall regulate suspension, substitution, resignation, and loss of mandate. article 176. incompatibilities the office of deputy shall be incompatible with that of: member of the government; magistrate; councillor of the republic, except when performing the duties of president of the national assembly; diplomat; members of the military who are on duty. other incompatibilities shall be determined by law. article 177. exercising the duties of a deputy public and private entities must cooperate with deputies in the exercise of their duties. deputies shall be guaranteed all conditions necessary for the exercise of their duties, particularly close contact with the electoral district from which they were elected and its citizens. the absence of deputies from official activities or inquiries because of sessions or missions of the national assembly shall always be considered justified and a reason for postponement of the activities or inquiries. the mandate of a deputy taken in flagrante delicto in a crime punishable by more than two years' imprisonment shall automatically be suspended from the date on which this was communicated to the national assembly. article 178. laws and regulations regarding deputies deputies may not be called as witnesses without the authorization of the assembly or, when the assembly is not in session, the permanent commission. deputies shall enjoy the following rights and privileges: free passage in public places with limited access; a special identity card; postponement of military or civic service; subsidies prescribed by law; others as established in the statute of deputies. article 179. powers of the deputies deputies may do the following: introduce bills for the revision of the constitution; introduce legal bills, referenda questions, resolutions, motions, and deliberations; request ratification of legislative decrees; request and obtain from the government, from administrative bodies, and any public entity, information and publications considered indispensable to the exercise of their duties; question the government, public administration, or any public entity and obtain a response within a reasonable time; request the formation of ad hoc commissions, as provided by the by-laws of the national assembly; other powers as provided in the by-laws of the national assembly and the statute of deputies. article 180. duties of the deputies deputies shall have the duty to: attend plenary sessions and commissions to which they belong; discharge the responsibilities and duties designated by the national assembly; participate in votes and in work of the national assembly; other duties as provided in the by-laws of the national assembly and the statute of deputies. article 181. immunities deputies and parliamentary groups shall not have civil, criminal, or disciplinary liability for votes and opinions issued in the exercise of their duties. no deputy may be detained or imprisoned without the authorization of the national assembly, except in a case of flagrante delicto for a crime punishable by more than two years' imprisonment and, aside from flagrante delicto, for a crime punishable by more than eight years' imprisonment. except in the case provided for in the second part of (2), at the beginning of a criminal procedure against a deputy, the national assembly shall decide whether the deputy should be suspended during the trial. article 182. loss of mandate deputies shall lose their mandate in the following cases: failure to take their seat in the national assembly during the required number of sessions or absences exceeding the number established in the by-laws of the national assembly; refusal three consecutive times or five non-consecutive times to discharge responsibilities or duties assigned by the assembly, when the refusal is not considered justified; conviction of a crime punishable by imprisonment; membership in a different party from the one in which they were elected. such, therefore, shall lead to a loss of mandate no matter which ineligibility exists at the date of elections and or which is recognized afterwards as among incompatibilities and incapacities described by law. chapter vi. authority of the national assembly section i. organizational and functional authority article 183. organizational/functional jurisdiction of the national assembly the national assembly shall have the following authority: to draw up and approve its own by-laws; to elect, by a majority of the deputies currently in office, its president, vice presidents, and secretaries; to constitute its permanent commission, special commissions, and ad hoc commissions; to exercise other authority conferred by its by-laws. article 184. authority of the president the president of the national assembly shall have the following authorities: to represent the assembly and to preside over the executive board; to set the dates for plenary sessions and to establish the agenda, under the provisions of the by-laws; to exercise other authorities assigned by the constitution and the by-laws of the national assembly. article 185. authority of commissions and parliamentary groups the commissions and parliamentary groups shall have the authority established by the constitution and the by-laws of the national assembly. section ii. legislative and political authority article 186. general legislative authority the national assembly shall have the authority: to approve constitutional laws; to make laws on all subjects except those under the exclusive authority of the government; to confer legislative authorization on the government; to approve for ratification, as provided by the constitution, legislative decrees of the government. article 187. exclusive reserved legislative authority the national assembly shall have exclusive authority to make laws on the following subjects: the acquisition, loss, and reacquisition of nationality; amnesty, pardons, and commutation of penalties; national and local referenda; information services, as well as state secrets; the process of verifying constitutionality; the organization of national defense; martial law and states of emergency; political parties and the statute of opposition; election of officeholders in national bodies, local authorities, and other political offices elected by universal, direct and periodic suffrage; definition of limits of territorial waters, the exclusive economic zone, and marine beds; the status of national bodies, local power, and political bodies elected by direct, universal suffrage; restrictions on the exercise of rights by military police and police forces on duty; the form and priority of regulations referred to in article 288 (b). the national assembly shall also have exclusive authority to make laws on the following: taxes and the fiscal system; the creation, organization, territorial modification, and elimination of local authorities; the system of social security and health; the educational system; the protection of nature, natural resources, and the national historical and cultural heritage; property and the means of production; the creation and organization of the state budget and the budgets of local authorities; planning and the national plan for development. article 188. reserved relative legislative authority except for legislative authority granted to the government, the national assembly shall have exclusive authority to make laws on the following subjects: rights, liberties, and guarantees; the status and capacity of persons, the right to family and to inheritance; the definition of crimes, penalties, security measures, as well as criminal procedure; the organization of courts and the statute of magistrates; infractions and disciplinary sanctions, social decrees, and respective procedures; regulation of public office, the status of office holders, and the civil responsibility of the state; general organization of public administration; the monetary system and standardization of weights and measures; the financial and banking system; trade union rights and the right to strike; the general organization, functioning, and discipline of the armed forces and the police; the general status of public enterprises; rural and urban leases; public associations; guarantees and rights of appeal; requisition and expropriation for public use; general regulation of radio, television, and other means of communication; compulsory military and civic service and conscientious objection; general regulation of intervention and expropriation of the means of production and land, establishment of criteria for compensation, privatization of property, and enterprises in the public sector. article 189. relative authority over the budget, plans and accounting the national assembly shall have the authority: to approve the state budget and broad planning options; to receive and examine general accounts of the state, and other public entities as determined by law, which must be presented by july 31 of the following year, accompanied by a report from the court of accounts and any other elements necessary for their examination; to examine the annual planning report, which must be delivered by march 31 of the following year. article 190. approval of treaties the national assembly shall have the authority to approve: treaties which deal with matters under their absolute legislative authority or reserved for them; treaties regarding cape verde's participation in international organizations, or regarding friendship, peace, defense, military matters, and others which the government submits; adherence to any treaty which deals with matters under their absolute or relative authority, as well as disengagement from them. article 191. political authority in the exercise of their duty to supervise general policy, the national assembly shall have the following authority: to supervise the execution of the constitution and laws; to supervise the application of martial law or a state of emergency. in the exercise of their duty to authorize, the national assembly shall have the following authority: to authorize the president of the republic to declare war and to make peace; to authorize or ratify, under the provisions of article 147 (2) and (4) (h) the declaration of martial law or a state of emergency; to authorize the absence of the president of the republic from national territory. in the exercise of their duties of political supervision and authorization, the national assembly shall have the following authority: to examine the government's program and the report of its activities; to vote motions of confidence or censure of the government; to question the government; to supervise actions of the government and the public administration; to authorize the government to define general conditions for contracting or granting loans and carrying out other credit operations which do not involve floating debt, and to establish the maximum limit of guarantees granted by the government in each fiscal year; to exercise other authorities conferred by the constitution and by law. article 192. authority in relation to other organs the national assembly shall have the authority, along with other bodies: to witness the inauguration and the resignation of the president of the republic; to request the attorney general of the republic to take criminal action against the president of the republic under the provisions of article 144; to propose referenda to the president of the republic under the provisions of article 108 and article 109 (4); to request the attorney general of the republic to take criminal action against members of the government under the provisions of article 211; to elect two members of the council of the republic; to elect one judge of the supreme court of justice and three voting members of the superior council of magistrates; to elect members of other political bodies as conferred by the constitution; to exercise other authorities conferred by the constitution and by law. article 193. regulation of legislative authorization laws concerning legislative authorization may deal only with matters reserved to the national assembly, and they must establish the objectives, the extent, and the duration of the authorization, which may be extended. laws concerning legislative authorization may not be utilized more than once; however, they may be utilized in sections. laws concerning legislative authorization shall lapse at the end of the legislative session, with the dissolution of the national assembly, or with the resignation of the government, and they may be revoked by the national assembly. the government must publish the legislative authorization act by the last day of the time period indicated in the authorization, which shall take effect on the date of publication. article 194. emergency procedures the national assembly, at the request of fifteen deputies, or any parliamentary group, or special commissions, or the government, may declare emergency procedure for any private or government bill or resolution. a plenary session of the national assembly shall have the responsibility of declaring the emergency. article 195. ratification of legislative decrees in the two plenary sessions of the second legislative session following the publication of any legislative decree, five deputies or any parliamentary group may request that it be ratified by the national assembly. the national assembly may not suspend a legislative decree which is the object of deliberation. title iv. the government chapter i. function, political responsibility, composition and organization section i. function and responsibility article 196. function the government shall be the body which defines, directs, and executes the general internal and external policy of the nation and shall be the supreme body of public administration. article 197. responsibility of the government the government shall be politically responsible to the national assembly. section ii. composition and organization article 198. composition the government shall consist of the prime minister, the ministers, and the secretaries of state. there may be one or more vice prime ministers. the government shall have, as a related body, the council of ministers. article 199. council of ministers the council of ministers shall consist of the prime minister, vice prime ministers, if there are any, and ministers; the prime minister shall preside over and coordinate the council. the prime minister, during deliberations of the council of ministers, may call upon the secretaries of state to participate in the meetings, with no voting rights. article 200. special councils of ministers there may be other councils of ministers for special matters. the special councils of ministers shall have the duty to coordinate and prepare matters for the deliberation of the council of ministers and may have regulatory and administrative functions after deliberation by the council of ministers. the special councils of ministers shall be presided over by the prime minister, a vice prime minister, or by a minister chosen for that purpose; appropriate ministers and secretaries of state may participate. high state officials may participate, without the right to vote, in meetings of the special councils of ministers when they are called for that purpose by the respective presidents. article 201. organization of the ministers and secretaries of state the number, title, structure, and duties of the ministers and secretaries of state, and the process of coordination among them, shall be established by decree. article 202. replacements the prime minister may be replaced in case of disability or absence by the vice prime minister or, lacking such, by the minister designated by the prime minister to the president of the republic. in the absence of a designation or in case of vacancy, if there is no vice prime minister, the president of the republic shall have the responsibility of designating a minister to substitute for the prime minister. each minister shall be replaced, in case of disability or absence, by the secretary of state designated to the prime minister, or in the absence of a designation or the absence of the secretary of state, by the member of the government designated by the prime minister. chapter ii. commencement and termination of duties article 203. commencement and termination of duties of the government the government shall begin its functions with the inauguration of the prime minister and other ministers and shall cease with the resignation, dismissal, death, or permanent physical or mental disability of the prime minister. article 204. commencement and termination of duties of members of the government the prime minister shall begin his functions with his inauguration and shall cease with dismissal by the president of the republic, at his request, and following the resignation of the government. the outgoing prime minister shall be dismissed on the date the new prime minister is appointed and inaugurated. the functions of ministers shall begin with their inauguration and cease with their dismissal or that of the prime minister. the functions of the secretaries of state shall begin with their inauguration and shall cease with their dismissal or that of the respective ministers. a prime minister who abandons the exercise of his duties before the appointment and inauguration of the new office holder may not be appointed to any governmental functions for ten years from that date. article 205. governing over management in the event of the resignation of the government, it shall continue in office until the appointment and inauguration of the new prime minister. before the deliberation of his program by the national assembly or after his resignation, the government shall be limited to performing those actions strictly necessary for the current management of public business and ordinary administration. chapter iii. formation and compensation of the government section i. formation article 206. formation the prime minister shall be appointed by the president of the republic after consultation with the parties seated in the national assembly, and taking into account the election results, the existence or lack of a majority party, and the possibility of coalitions and alliances. ministers and secretaries of state shall be appointed by the president of the republic upon the nomination of the prime minister. article 207. collective responsibility of members of the government members of the government shall be bound by the government's program and the deliberations of the council of ministers, and shall be politically, collectively responsible for its execution. article 208. elaborating the government's program once appointed, the government must draw up the objectives and tasks it proposes to accomplish, measures to adopt, and the main political directions it plans to follow in all areas of governmental activities. the government's program must be approved in the council of ministers and submitted for deliberation in the national assembly. article 209. approval of the government's program by the national assembly within two weeks from the date he takes office, the prime minister shall submit the government's program for deliberation by the national assembly and must seek a motion of confidence limited to the subject of the general policy which he seeks to accomplish. section ii. political and criminal responsibility of members of the government article 210. political responsibility of members of the government the prime minister shall be politically responsible to the national assembly. the vice prime ministers and the ministers shall be responsible to the prime minister and, in the area of the political responsibility of the government, to the national assembly. the secretaries of state shall be politically responsible to the prime minister and the respective ministers. article 211. criminal responsibility of members of the government members of the government shall be responsible to the supreme court of justice for crimes committed in the exercise of their functions, under the following provisions: for crimes punishable by imprisonment for not more than two years, the national assembly shall request the attorney general of the republic to begin legal action against the member, and if there is an indictment or the equivalent, to rule on whether or not the member of the government shall be suspended from office for the duration of the trial. for crimes punishable by imprisonment for more than two years, the national assembly shall request the attorney general of the republic to begin legal action against the member of the government and if there is an indictment or the equivalent, the president of the republic shall immediately suspend the member of the government from office for the duration of the trial. for crimes committed outside the exercise of his functions, the member of the government shall be responsible to ordinary courts, and the provisions of (a) and (b) of the previous number shall be observed. section iii. motions of confidence and of censure and the resignation of the government article 212. motion of confidence the government, by deliberation in the council of ministers, may at any time ask the national assembly for a motion of confidence on the political direction that it seeks to follow or on any other matter of relevant national interest. by deliberation in the council of ministers, the government may withdraw the motion of confidence up to the time when discussion begins in the national assembly. article 213. motion of censure the national assembly may, upon the initiative of one-fifth of the deputies or of any parliamentary group, vote motions of censure against the government on general policy or on any other matter of relevant national interest. the motion of censure must be substantiated. the motion of censure may not be debated until the third day after it is presented, in a debate not longer than four days. if the motion is not approved, its signatories may not present another motion for the next four legislative sessions. article 214. dismissal of the government the following shall entail the resignation of the government: the beginning of a new legislative session and the dissolution of the national assembly; the acceptance by the president of the republic of the request for dismissal presented by the prime minister; the death or permanent physical or mental disability of the prime minister; failure to submit its program for approval by the national assembly, or failure to present along with the program a motion of confidence on the general policy which it seeks to accomplish; disapproval of a motion of confidence; approval of two motions of censure in the same legislative session. the president of the republic may dismiss the government in the event of approval of a motion of censure, after consulting the parties represented in the national assembly and the council of the republic. chapter iv. authority of the government article 215. political jurisdiction the government, in the council of ministers, shall be responsible for the exercise of the following political functions: to define, approve, and execute the general policy of the nation; to approve government bills and resolutions to submit to the national assembly; to approve referenda questions to present to the president of the republic; to propose to the president of the republic declarations of martial law or a state of emergency, and to give an opinion on this matter when the president of the republic makes the declarations; to propose to the president of the republic a declaration of war or the making of peace; to take appropriate measures under the provisions of the constitution and the law in the event of a declaration of war, martial law, or a state of emergency; to approve and present to the national assembly accounts of the state and other public entities and the annual report, under the provisions of article 189 (b); to approve the state budget; to approve the national development plan and the respective plans of execution; to request the national assembly to vote on motions of confidence; to propose to the president of the republic the nomination of the commander-in-chief of the armed forces, the vice chief of the armed forces, the president of the court of accounts, and the attorney general of the republic. to approve actions involving the increase or reduction of revenue or public expenditures; to deliberate on all matters under their authority which are conferred upon them by law or presented by the prime minister; to perform other actions entrusted to them by the constitution and by the law. article 216. legislative jurisdiction the government shall have exclusive responsibility, in the council of ministers, to exercise the legislative function, to make and approve decrees, and other acts regarding its own organization and functioning. the government shall also have the responsibility in the council of ministers to exercise the following legislative functions: to make decrees on matters not reserved to the national assembly; to make legislative decrees on matters relatively reserved to the national assembly by means of the legislative authority of the assembly; to make and approve decrees developing the principles or bases of the general regulation contained in the laws; to make decrees approving international treaties and agreements. the legislative decrees and decree-laws referred to in paragraphs (b) and (c) of the preceding number must indicate, respectively, the legislative authorization or basic law which covers them. article 217. administrative jurisdiction the government shall have the responsibility, through the council of ministers or any of its members, to exercise the following administrative functions: to execute the national development plan and the state budget; to make the necessary regulations for the proper execution of laws; to direct the services and activity of direct state administration, civil and military, and to supervise indirect administration, as well as to exercise supervision over autonomous administration. to perform actions required by the law respecting public office holders, state agents, and other collective public bodies; to guarantee respect for democratic legitimacy; to perform all actions and to take all necessary measures to promote socio-economic development and the satisfaction of collective needs; to exercise other authority which may be attributed to them by the constitution and by law. article 218. jurisdiction regarding international relations the government, in the council of ministers, shall have the following responsibilities in international relations: to define, approve, and execute the foreign policy of the nation; to negotiate and agree to international treaties and agreements; to approve international treaties and agreements on subjects which are not within the exclusive jurisdiction of the national assembly or which have not been submitted to the national assembly for approval; to insure that the state of cape verde is represented in international relations; to nominate to the president of the republic ambassadors, permanent representatives, and special envoys. article 219. jurisdiction of the prime minister the prime minister shall have the following responsibilities: to preside over the council of ministers; to direct and coordinate the general policy of the government and its functioning; to direct and coordinate the actions of all ministers and secretaries of state who are directly responsible to him, while allowing for their direct responsibility for the management of their respective governmental departments; to direct and coordinate relations of the government with other national bodies; to countersign actions of the president of the republic under the provisions of article 150 (2) and (3). to inform the president of the republic regularly and completely of matters regarding the internal and foreign policy of the government; to represent the government in all official actions and to delegate the exercise of these duties to any other member of the government; to present to other national and political bodies, in the name of the government, bills approved by them, as well as any inquiries requested by the government; to perform other responsibilities which may be conferred by the constitution, by law, or by the council of ministers. article 220. jurisdiction of ministers and secretaries of state ministers shall have the following responsibilities: to participate, through the council of ministers, in the definition of the internal and foreign policy of the government; to execute the general policy of the government, especially the policy defined by the respective ministry; to establish the relations between the government and other state bodies within the scope of the respective ministry; to exercise the functions conferred by the prime minister and by the council of ministers; to exercise other functions which may be conferred by the constitution and by the law. secretaries of state shall have the following responsibilities: to execute, under the direction of the respective ministers, the policy defined by the respective ministries and secretariats; to perform functions which may be delegated by the respective ministers; to replace respective ministers in their absence or temporary disability; to assist the respective ministers in the management of the services of the respective ministries; to manage, under the direction of the respective ministers, all departments included in the respective secretariats or areas of action; to exercise functions which may be conferred by the respective ministers or by law. title v. judicial power chapter i. general principles article 221. jurisdictional duties justice shall be administered in the name of the people by the courts. in the administration of justice, courts shall have the responsibility to settle public and private conflicts of interest, and to assure the defense of legally protected rights and interests of citizens. courts shall be independent and shall only be subject to law. article 222. principle of jurisdictional unity the principle of jurisdictional unity shall be the basis of the organization and functioning of the courts. courts of exception shall be prohibited. except for military courts, there may not be special courts for the trial of certain categories of crimes or of persons. article 223. exercise of jurisdictional power the judicial power, in all types of cases, shall be exercised exclusively by courts created under the provisions of the constitution and the law and in conformity with legally established jurisdictional and procedural norms. the judicial power may also be exercised by courts instituted by conventions of supranational organizations of which cape verde is a member, in conformity with legally established jurisdictional and procedural norms. courts may not exercise other functions which are not established by law. all public and private authorities must cooperate with the courts, as requested in the exercise of their functions. article 224. holders of jurisdictional power the judicial function shall be exercised exclusively by judges installed under the provisions of the law. judicial organization and the status of judges shall be regulated by law. article 225. recognition of unconstitutionality courts may not apply norms contrary to the constitution and the principles in it. article 226. publication of sessions court sessions shall be public unless the court decides otherwise under provisions of the law with a view to safeguarding the dignity and privacy of persons or of its own functioning. article 227. provisions decisions of the courts must be substantiated by provisions of the law. decisions of the courts shall apply to all public and private entities and shall prevail over decisions of all other authorities. decisions of the courts regarding personal liberty shall always be subject to appeal. chapter ii. organization of the courts article 228. categories of tribunals there shall be courts in the following categories: the supreme court of justice and courts of first resort; the court of accounts; military courts; tax and customs courts. there may be courts of second resort and administrative courts. courts of first resort shall be assignment courts, which may be classified under the provisions of the law. the supreme court of justice and courts of second resort shall function as courts of first resort in cases established by law. the organization and functioning of courts shall be regulated by law. special courts may be created by law. article 229. supreme court of justice the supreme court of justice shall be the supreme body in the hierarchy of courts and shall have jurisdiction over all the national territory. the supreme court of justice shall be based in the city of praia. article 230. composition the supreme court of justice shall consist of a minimum of five judges, including: one judge appointed by the president of the republic; one judge elected by the national assembly; other judges designated by the superior council of magistrates. the judge appointed by the president of the republic must be selected from among the judicial magistrates or from the public prosecutor's office. the judge elected by the national assembly may be selected from among the judicial magistrates, the public prosecutor's office, or national jurists. the judges designated by the superior council of magistrates must be judicial magistrates. article 231. requirements for eligibility judges of the supreme court of justice must be national citizens of good reputation, law graduates in possession of their civic and political rights who, at the time they are designated, have functioned in a professional activity in the magistrature or other legal activity or law teaching for at least five years. in addition to the requirements established in the preceding paragraph, others may be established by law for the designation of judges by the superior council of magistrates. article 232. election the judge designated by the national assembly shall be elected by two-thirds of the deputies in attendance, provided that represents a majority of the deputies in office. the electoral process shall be regulated by the national assembly. article 233. oath of office judges of the supreme court of justice shall take office in the presence of the president of the republic. at their installation, they shall swear the following oath: "i swear on my honor that i will execute the constitution of the republic of cape verde, that i will insure the constitutionality of laws and faithfully carry out the duties entrusted to me." article 234. term of office the term of judges on the supreme court of justice, which begins with the installation, shall last for five years and shall end with the installation of new judges in their respective places. at the end of their term, the judges appointed by the president of the republic and those elected by the national assembly from the magistrature or the public prosecutor's office shall be placed in the highest career category of the judicial magistrature or the public prosecutor's office. article 235. appointment and substitutions for the president of the supreme court of justice the president of the supreme court of justice shall be appointed by the president of the republic from among the judges composing the court, after consultation with the superior council of magistrates. in the event of the temporary disability of the president of the supreme court of justice for a period exceeding thirty days, or in the event of a vacancy in the office, until the installation of the new president, a replacement judge will be appointed as provided by law. article 236. cessation of duties except for the expiration of their term, the duties of judges of the supreme court of justice shall cease only in the following instances: death or permanent physical or mental disability; resignation; dismissal or compulsory retirement as a result of disciplinary or criminal proceedings; acceptance of a position or responsibility which is constitutionally or legally incompatible with the exercise of his duties. in the cases provided for in (a) and (d), the date of termination of duties shall be, respectively, the date of death, the date of declaration by the supreme court of justice of permanent physical or mental disability, or the date of installation in the position or responsibility. resignation, which shall be accepted unconditionally, must be submitted in writing to the president of the supreme court of justice and shall take effect with the installation of the newly-elected judge. the full supreme court of justice shall have the responsibility of verifying if the situations referred to in (1) (a) to (c) have occurred. the president of the supreme court of justice shall publish in the official journal of the republic the declaration of termination of functions for any of the matters referred to in (1). article 237. jurisdiction the supreme court of justice in plenary session shall have the following responsibilities: to consider the constitutionality of regulations and resolutions in their overall guidelines or concrete effects; to consider the legality of resolutions in their overall guidelines or concrete effects; to verify the death or declare the permanent physical or mental disability of the president of the republic and to declare temporary disability regarding the exercise of his duties; to verify the removal from office of the president of the republic in the event of absence from the national territory without consent and conviction of crimes committed in the exercise of his duties; to verify the death and to declare the incapacity for presidential office of any candidate for the presidency of the republic under the provision of article 119(2); to exercise other duties attributed to it by the constitution and by law. article 238. authority relative to the electoral process and to the organization of political parties the supreme court of justice shall also have the following responsibilities: to receive and admit candidates for the presidency of the republic; to judge appeals in cases of protest and grievances presented during the verification of election results for the presidency of the republic; to judge appeals in the area of candidacies and contested elections for the national assembly and for local bodies; to accept requests for registration from political parties, coalitions, and associations in the register created especially for this purpose in the court, and to keep records on these parties as required by law, and to annul registrations by cancellation or dissolution; to consider the legality of the names and symbols of political parties, coalitions, and associations and their similarity to other parties and coalitions already registered; to declare the illegality of political and partisan organizations which may not be constituted and to decree their abolition. article 239. courts of first resort courts of first resort shall have jurisdiction over matters which by law are not attributed to other jurisdictions. the composition, functioning, and jurisdiction of courts of first resort shall be regulated by law. article 240. military courts military courts shall have the responsibility to judge crimes which, because of their subject-matter, may be defined by law as being essentially military. decisions of military courts may be appealed to the supreme court of justice, as provided by law. article 241. court of accounts the court of accounts shall be the supreme body for the supervision of the legality of public expenditures and the audit of accounts which by law are submitted to it. the president of the court of accounts shall be appointed by the president of the republic, upon nomination of the government. the provisions of articles 233 and 234 shall be applicable to the judges of the court of accounts. the law shall regulate the composition, functioning and authority of the court of accounts. chapter iii. status of judges article 242. judicial magistracy judges shall comprise a unique autonomous body independent of all other national bodies and shall be regulated by their own statute. the recruiting and promotion shall be regulated by law, always taking account of the merit of the candidates. with the exception of teaching duties and investigation in the area of rights and cases specially provided for by law, judges in office shall not exercise any other public or private duty. judges while in office may not be affiliated with political parties or associations nor participate in any political or partisan activity. article 243. guarantees of judges judges may not be removed, transferred, retired, or dismissed except in cases provided by law. judges may not be held responsible for their judgments or decisions except in cases especially provided by law. judges, in the exercise of their duties, shall be independent and shall be obedient only to the law and to their conscience. article 244. appointment, placement, transfer and promotion appointment of judges shall be regulated by special law. promotion, placement, and transfer of judges, and disciplinary action, shall be under the jurisdiction of the superior council of magistrates as provided by law. article 245. intercommunications the statute of judges may provide for transfers between careers in the judicial magistrature and the public prosecutor's office. article 246. superior council of magistrates the superior council of magistrates shall consist of the following members: the president of the supreme court of justice; the superior judicial inspector; two citizens appointed by the president of the republic; three citizens elected by the national assembly; two career judges elected by their peers. the president of the supreme court of justice shall preside over the superior council of magistrates. members of the superior council of magistrates shall enjoy the privileges attributed to judges. the status of the superior council of magistrates shall be regulated by law. chapter iv. the public prosecutor's office article 247. status and duties the public prosecutor's office shall represent the state, defend democratic legitimacy, the rights of citizens, and the public interest as protected by the constitution and by law, and shall exercise penal activity. the public prosecutor's office shall have autonomous magistrates with their own status and shall exercise its duties by means of its own agencies, based on principles of unity of action and interdependence of all levels, and respecting the principles of impartiality and legality. agents of the public prosecutor's office shall be magistrates of various ranks, and they may not be transferred, suspended, dismissed, or retired except in cases provided by law. article 248. appointment, placement, promotion and transfer the appointment and placement of agents of the public prosecutor's office shall be regulated by law. promotion and transfer of agents of the public prosecutor's office, and disciplinary action, shall be the responsibility of the attorney general of the republic, as provided by law. article 249. attorney general of the republic the office of the attorney general of the republic and the highest jurisdiction of the public prosecutor's office shall be directed by the attorney general of the republic. the attorney general of the republic shall be appointed by the president of the republic, upon nomination of the government, for a period of five years; he may not be dismissed before the end of his term except in the cases provided for in article 236 (1). the provisions of article 236 (2), (4), and (5) shall be applicable to the attorney general of the republic. resignation, which must be accepted and which shall be unconditional, must be submitted in writing to the president of the republic and shall take effect with the installation of the new attorney general of the republic. article 250. intercommunication the statute of the public prosecutor's office may establish transferability between careers in the public prosecutor's office and the judiciary. chapter v. lawyers article 251. duties and guarantees regarding lawyers a lawyer in the exercise of his duties shall serve justice and the law and shall provide indispensable cooperation to the administration of justice. in the exercise of his duties and within the limits of the law, documents, correspondence, and other objects entrusted to the lawyer by his client shall be inviolable when they have been obtained for the defense of his client or for professional purposes. searches, seizures, and other similar investigations into a lawyer's records may only be ordered by judicial decision, and must be carried out in the presence of the judge who authorized it, the lawyer, and a representative of the lawyers' association appointed for this purpose. a lawyer shall have the right to communicate personally and privately with his client even when his client is imprisoned or detained. title vi. local power article 252. territorial organization of the state regarding local government units the organization of the state shall include the existence of autonomous local government units. autonomous local government units shall be public regions [territorial collectivities] representing their respective populations and pursuing the interests of these populations. the creation, elimination, and change in the size of autonomous local government units shall be done by law after consulting the local organizations affected. the administrative division of the territory shall be established by law. article 253. categories of autonomous local government units autonomous local government units shall be municipalities, with other categories permitted by law which are greater or lesser than municipalities in area. article 254. solidarity the state shall encourage solidarity among localities in accordance with the special nature of each one, with a view to reducing regional imbalances and to national development. the state, respecting the autonomy of localities, shall guarantee them technical, material, and human assistance, as provided by law. article 255. patrimony and finances of local governmental entities local government entities shall have their own finances and resources. the law shall define the resources of local government entities and shall establish the system of local finances, with a view to the fair distribution of public resources between the state and such entities and to other principles referred to in this title. the share of local governmental entities in tax revenues shall be regulated by law. article 256. organization of local governmental entities the organization of localities shall include an elected assembly with deliberative powers and an executive body. the assembly shall be elected by citizens residing in the local territory according to a system of proportional representation. article 257. regulatory power local governmental entities shall have their own regulatory power within the limits of the constitution and the law. article 258. supervision administrative supervision of local governmental entities shall consist of verifying the execution of law by local bodies and shall be exercised as provided by law. supervisory measures which restrict local autonomy must be presented in advance to the municipal assemblies under provisions to be defined by law. dissolution of elected autonomous bodies may only occur for serious acts or omissions established by law. article 259. personnel of local governmental entities local governmental entities shall have their own personnel, whose lists shall be established by law. local officials and agents shall be regulated by their own statutes based on general regulation of public officials. article 260. duties and organization of autonomous local governmental entities the duties and organization of localities, as well as the authority of their bodies shall be regulated by law, respecting the principle of autonomy and decentralization. local bodies may delegate to community organizations administrative tasks which do not involve powers of authority. article 261. associations of local governmental entities to achieve common interests, local governmental entities may constitute associations and federations. title vii. public administration article 262. fundamental objective public administration, while respecting the constitution and the law, shall pursue collective interest, conducted under principles of justice, openness, and impartiality. public administration, in the pursuit of collective interest, shall respect the legitimate rights and interests of citizens. public administration and the process of administrative activity shall be structured and regulated by law, respecting the principles of decentralization. article 263. public office public officials and agents of the state and other public entities shall serve the general interest, defined by the competent bodies of public administration as provided by law. access to public service and professional development shall be based on the merit and capacity of the candidates, demonstrated as a rule by competitive public examination. workers in public administration and other agents of the state or other public entities may not be benefitted or jeopardized because of political or partisan choices or by the exercise of their rights established in the constitution and the law. the law shall regulate the status of public officials and other agents of the state, incompatibilities, and guarantees of impartiality in the exercise of public responsibilities. article 264. duty of obedience public officials and other agents of the state or other public entities, in the exercise of their duties, owe obedience to their supervisors, as provided by law. the duty of obedience shall end when carrying out an order or instruction entails the commission of a crime. article 265. responsibility of civil servants and agents the law shall regulate the civil, criminal, and disciplinary responsibility of public officials and other agents of the state or other public entities for acts or omissions committed in the exercise of their duties, and the provisions under which the state and other public entities shall have the right to recall office holders, public officials, and agents. article 266. policy the police shall have the duty to defend democratic legitimacy, to guarantee internal security, public tranquillity, and other rights of the citizen. police measures must obey principles of legality, necessity, suitability, and proportionality. the law shall provide for police measures and shall regulate the basic principles of suitability, as well as appropriate statutes. police statutes may establish restrictions of the rights provided in article 272 when necessary to safeguard order and discipline in the police force. article 267. rights and guarantees of citizens before the administration the citizen, directly or through associations or organizations to which he belongs, shall have the right, as provided by law: to be consulted in administrative processes which concern him; to be informed by the administration, where necessary, of the progress of these processes where he is directly concerned; to be notified of administrative actions which concern him; these actions must always be substantiated in fact and in law; to appeal, based on illegality, any administrative actions which offend his legitimate rights and interests. the citizen shall also have the right, as provided by law: to have access to administrative files and records, except those which concern state security and defense, criminal investigation, privacy, as well as matters classified as state secrets, as provided by law; to have access to administrative justice to defend his legitimate rights and interests; to be compensated for damage resulting from the violation of his legitimate rights and interests because of the acts or omissions of public officials and other agents of the state and other public entities in the exercise of their duties. title viii. national defense article 268. national defense national defense shall be at the disposition, integration, and coordinated action of all the moral and material energy and force of the nation, opposing any form of threat or aggression, with the goal of permanently guaranteeing the unity, sovereignty, territorial integrity, and independence of cape verde, the liberty and security of its population, as well as the democratically established constitutional order. article 269. armed forces the armed forces shall be a permanent regular institution, composed exclusively of cape verdian citizens and with a structure based on hierarchy and discipline. the armed forces shall be subordinate and obedient to the appropriate national bodies as provided by the constitution and the law. the armed forces shall be at the service of the nation and shall be strictly nonpartisan; while on duty or, if on the permanent list, while active, its members may not be affiliated with any union, party, or political association, or exercise any political or partisan activity of any kind. the organization of the armed forces shall be unified throughout the national territory. article 270. missions of the armed forces the armed forces shall have the exclusive responsibility to execute the military component of national defense, to assure the military defense of the republic against any external threat or aggression. the armed forces, in addition to the provisions of (1), shall carry out the following responsibilities: execution of declarations of martial law or states of emergency; supervision of air and maritime defense, particularly with reference to the use of territorial waters and the exclusive economic zone and operations of search and salvage; cooperation in tasks related to the satisfaction of basic needs and the improvement of living conditions of the population; participation in the national system of civil protection; defense of democratic institutions and constitutional order; fulfillment of other tasks in the public interest. intervention of the armed forces may only take place when ordered by the appropriate military command, under guidelines of strict obedience to the decisions and instructions of the national bodies, as provided by the constitution and the law. article 271. military service the defense of the nation shall be the right and duty of all cape verdians. military service shall be compulsory, as provided by law. conscientious objectors and those who are unfit for military service shall perform civic service, as provided by law. substitution of civic service for military service may be established by law. article 272. restrictions in the exercise of rights the law may establish restrictions in the exercise of rights of expression, assembly, demonstration, association, and petition, as well as those in respect to civilian employees in the armed forces and the electoral status of military personnel in both active and other service, within the strict limits of the demands of military status. article 273. guarantee to citizens who participate in military service no one may be jeopardized in his employment, placement, promotion, or benefits because of military or compulsory civic service. article 274. superior council of national defense the superior council of national defense shall be the special consultative body on matters of national defense and the armed forces. the president of the republic shall preside over the superior council of national defense; the law shall determine the composition of the council, to include civic and military entities. title ix. auxiliary bodies chapter i. the council of the republic article 275. definition and composition the council of the republic shall be the consultative body to the president of the republic. the following shall be members of the council of the republic: the president of the national assembly; the prime minister; the president of the supreme court of justice; the attorney general of the republic; the president of the regional council; two citizens chosen by the president of the republic; two citizens chosen by the national assembly; the citizens referred to in (2) (f) and (g) may not be deputies, or officials in any national body or local elected body. article 276. term and office the term of the members of the council of the republic indicated in article 275 (2) (a) to (e), shall begin with their installation and shall end with the termination of their duties. the term of the members referred to in article 275 (2) (f) and (g), shall end, respectively, with the installation of the new president of the republic and with the termination of the legislative session. article 277. jurisdiction the council of the republic shall have the responsibility of declaring: the dissolution of the national assembly; the resignation of the government; the calling of referenda on the national level; the setting of the date for elections of the president of the republic, deputies to the national assembly, and referenda on the national level; the declaration of war and peace; the declaration of martial law or a state of emergency; treaties which involve restrictions of sovereignty, the participation of the nation in international organizations of collective or military security; other serious national questions; other questions provided in the constitution. the council of the republic shall also have the following responsibilities: to draw up its by-laws; to advise the president of the republic at his request. article 278. meetings the president of the republic shall call and preside over meetings of the council of the republic. except in the event of martial law or a state of emergency, the council of the republic may only meet with a majority of its members present. deliberations of the council of the republic shall be by a majority of its members. by decision of the president of the republic, members of the government, the commander of the armed forces, or in his absence or disability the vice commander, may participate in meetings of the council of the republic, but without the right to vote. meetings of the council of the republic shall not be public. article 279. effects of resolutions of the council of the republic deliberations of the council of the republic shall not be binding. article 280. form and publication of deliberations deliberations of the council of the republic shall assume the form of advisory opinions and may be made public only if the action to which they refer will take place. advisory opinions must be drawn up in the meeting at which the appropriate deliberation has taken place. the publication previously referred to must be done simultaneously with the action. chapter ii. the council for regional affairs article 281. composition the council for regional affairs shall be composed of two representatives from each island, elected by a college composed of the deputies from the electoral districts corresponding to the island and the members of municipal assemblies of all the municipalities situated on the island. the term of regional councillors shall be four years. the law shall regulate the election and status of regional councillors. article 282. jurisdiction the council for regional affairs shall issue advisory opinions on all questions related to regional development, upon the initiative of any member or at the request of the national assembly, the president of the republic, or the government. an advisory opinion of the council for regional affairs shall be compulsory on the national plan for development, regional plans for development, and private and government bills on localities and local finance. the law shall regulate the organization, authority, and functioning of the council for regional affairs and may establish other cases in which advisory opinions are compulsory. title x. form and hierarchy of laws chapter i. acts of the president of the republic article 283. presidential decrees laws of the president of the republic shall take the form of presidential decrees; under the provisions of the constitution, they may not take any other form. chapter ii. the form of legislative and normative acts article 284. legislative acts laws of the national assembly shall be constitutional laws, organic laws, basic laws, laws, and by-laws. they shall take the form of: constitutional laws: laws which approve or alter the constitution; organic laws: the laws provided for in article 187 (1) (c), (e), (f), (g), (h), and (i); basic laws: the laws provided for in article 187 (2) and article 188 (e), (g), (l) and (m); laws: the other laws of article 187 (1) and article 188, and also the laws provided for in article 186 (c); by-laws: the regulatory laws on the organization and functioning of the national assembly. basic laws may not authorize their own modification, nor set forth retroactive guidelines. legislative acts of the national assembly, except for by-laws, must be signed by the president of the national assembly after promulgation by the president of the republic, or they are null and void. article 285. legislative acts of the government legislative acts of the government shall be decrees, legislative decrees, and decree laws. they shall take the form of: decrees: laws of the government approving international treaties and agreements; legislative decrees: government acts based on the law of legislative authorization; decree-laws: other legislative acts of the government. legislative acts of the government must be signed by the prime minister and by the responsible minister by reason of the subject matter. article 286. limitations on legislative acts no law may create other categories of legislative acts or attribute power to interpret or integrate laws, or to modify, suspend or revoke any legislative act. article 287. regulations laws which regulate the functioning of the council of the republic, the council for regional affairs, and the municipal assemblies shall take the form of by-laws. article 288. regulation they shall take the form of: decrees regulating standards acts of the government by the council of ministers and all others which by law take such a form; regulation of practical standards acts, including terms of laws covering members of the government or any administrative authority in the exercise of their administrative functions; regulatory decrees shall be signed by the prime minister and by the responsible minister by reason of the subject matter. regulatory decrees and other regulations must indicate the law that they intend to regulate or of which they define the objective or subjective responsibility. chapter iii. resolutions and motions article 289. resolutions of the national assembly and of the government acts of the national assembly and the government which are not indicated in articles 284, 285 and 288 shall take the form of resolutions. resolutions of national bodies must be promulgated. article 290. motions acts of the national assembly provided for in article 191 (3) (a) and (b) shall take the form of motions. chapter iv. hierarchy and publication article 291. hierarchy of laws laws and decree-laws shall have equal weight, without jeopardizing the greater weight of organic and basic laws and the subordination of legislative decrees and those that develop the general bases of the judicial regime. article 292. publication the following must be published in the official journal of the republic of cape verde under penalty of being null and void: legislative acts of the national assembly and the government; regulations of the council of the republic and the council for regional affairs; presidential decrees; international conventions and their respective advisory opinions of ratification, as well as other advisory opinions; resolutions of the national assembly and the government; decisions of the supreme court of justice which deal with constitutionality or illegality or which have general application; regulations of direct and indirect public administration and local authorities; results of elections and referenda at the national level; administrative acts of foreign application; in general, any act of generic content by national or local bodies. other acts not provided for in the preceding paragraph shall be published in the form established by law, which shall determine the consequences of failure to publish. part v. guarantees of defense and revision of the constitution title i. martial law and states of emergency article 293. martial law martial law may only be declared, in all or part of the national territory, in the event of imminent or effective aggression on the national territory by foreign forces or grave threat or disturbance to the constitutional order. article 294. state of emergency a state of emergency shall be declared, in all or part of the national territory, in the event of public calamity or disturbance to the constitutional order, the gravity of which does not justify martial law. article 295. establishment and duration declarations of martial law or states of emergency must be substantiated and must indicate the territorial area; the results; the rights, liberties and guarantees which are suspended and their duration, which may not be greater than thirty days and which may be extended for an equal period with the same substantiation. in the event of war or the declaration of martial law, the law may establish a period longer than indicated in the preceding paragraph; in this case, the duration of martial law must be strictly necessary for the prompt reestablishment of democratic normality. article 296. prohibition of dissolution of the national assembly while martial law or the state of emergency is in effect, the national assembly may not be dissolved and shall be automatically convened if it is not in session. if the national assembly had been dissolved, or if the legislative session had ended on the date of the declaration of martial law or a state of emergency, its responsibilities shall be assumed by the permanent commission. article 297. subsistence of certain fundamental rights a declaration of martial law or a state of emergency shall, in no case, affect rights to life, physical integrity, personal identity, civil status, and citizenship, the non-retroactivity of criminal law, the right of the accused to defense, freedom of conscience and religion. article 298. authority of national bodies a declaration of martial law or a state of emergency shall not affect constitutional rules regarding the responsibility and functioning of national bodies, nor the rights and immunities of the respective officials; nor may it alter the principles of responsibility of the state or its agents recognized in the constitution. article 299. prolongation of offices of elected officials and prohibition against holding elections after the declaration of martial law or a state of emergency, the terms of elective officials which would have ended while the declaration is in effect shall be extended automatically. after the declaration of a state of emergency restricted to one part of the national territory, the provision of the preceding paragraph shall be applied to elected bodies in that area. during martial law or a state of emergency, and for thirty days after it has ended, no legislation may take effect. title ii. verification of constitutionality article 300. dealing with unconstitutionality laws and resolutions of general or specific content shall be unconstitutional if they contravene any provision of the constitution or the principles contained in it. organic or formal unconstitutionality of international treaties or agreements which deal with responsibilities reserved for the national assembly or the government shall not prevent the application of its provisions in the cape verdian judicial order, if they are confirmed by the government and approved by two-thirds of the deputies present in the national assembly at the first plenary session after the date of publication of the decision of the court. after the deficiency is corrected which had caused the failure of ratification of the international treaty or agreement, the president of the republic may authorize ratification. article 301. review for constitutionality the president of the republic may request prior review by the supreme court of justice of any provision of an international treaty or agreement which is submitted to him for ratification. prior review must be requested within eight days from the date on which the president of the republic receives it. the supreme court of justice must rule within a period of ten days. article 302. effects of a decision if the supreme court of justice rules that the provision of the international treaty or agreement is unconstitutional, it may not be ratified by the president of the republic; he must return it to the body which had approved it. the international treaty or agreement which contains the provision declared unconstitutional may be ratified by the president of the republic if the national assembly, after consultation with the government, confirms it by a two-thirds majority of the deputies present, provided that is greater than a majority of the deputies currently in office. if the supreme court of justice rules that the international treaty or agreement is organically unconstitutional, the national assembly may approve it under the provisions of article 300 (2). article 303. abstract review of constitutionality the supreme court of justice, at the request of the president of the republic, the president of the national assembly, the prime minister, the attorney general of the republic, and not less than one-fourth of the deputies in the national assembly, may review and rule upon: the unconstitutionality of any laws or resolutions of general or specific content; the illegality of resolutions referred to in (a). article 304. concrete review of constitutionality the supreme court of justice shall hear appeals of court decisions which: reject, on grounds of unconstitutionality, the application of any law or resolution of general or specific content; apply laws or resolutions of general or specific content where unconstitutionality has been claimed in the trial; apply laws or resolutions of general or specific content which have been previously judged unconstitutional by the supreme court of justice. the supreme court of justice shall also hear appeals of decisions which: apply resolutions of general or specific content which have been previously judged illegal by the supreme court of justice or where illegality has been claimed in the trial; reject, on grounds of illegality, the application of any resolutions referred to in the preceding paragraph. article 305. establishing constitutional legality through appeal appeal may be made to the supreme court of justice by the public prosecutor's office and persons who, in accordance with the law concerning verification of constitutionality, are entitled to appeal. appeal referred to in the preceding article may only be brought after exhaustion of the process established by law in which the decision was made and shall be restricted to the question of unconstitutionality or illegality, according to the case. appeal of decisions provided for in (1)(c) and the first part of (2)(a) of the preceding article shall be compulsory for the public prosecutor's office. article 306. forms of decisions of the constitutional court in the cases provided for in article 302, the ruling of the supreme court of justice shall take the form of an opinion. in the other cases, decisions of the supreme court of justice shall take the form of a ruling. decisions of the supreme court of justice which deal with constitutionality or illegality shall be published in their entirety in the official journal. article 307. effects of rulings and opinions rulings of the supreme court of justice which deal with constitutionality or illegality, whatever the process by which they are issued, shall have general legal force. opinions shall have the effects established in article 302. article 308. effects of a declaration of unconstitutionality a declaration of unconstitutionality or illegality with general legal force shall take effect from the effective date of the law which has been judged unconstitutional or illegal and the removal of the laws which have been revoked. in dealing with unconstitutionality or illegality for a subsequent infraction of the constitution or a law, the declaration shall take effect as soon as it is in force. a declaration of unconstitutionality of any international convention shall take effect from the date of publication. in the cases referred to in (1) and (2), when security, equity, or exceptional public interest, duly substantiated, require it, the supreme court of justice may set more limited effects than those provided for in (2) and (3). cases shall be exempt from the effects of the declaration of unconstitutionality or illegality, except where the supreme court of justice decides to the contrary, when the law concerns criminal or disciplinary matters and is more favorable to the defendant. title iii. revision of the constitution article 309. jurisdiction, timing and initiative of constitutional revision this constitution may be revised, in whole or in part, by the national assembly after five years from the date of its promulgation. the national assembly may, however, at any time, assume the power to revise the constitution by four-fifths of the deputies currently in office. initiative for revision of the constitution shall be vested with the deputies. article 310. bills for constitutional revision bills for constitutional revision must indicate the articles to be revised and the direction of the changes to be introduced. bills for constitutional revision must be signed by not less than one-third of the deputies currently in office. upon the introduction of any bill for constitutional revision, all others must be introduced within a maximum period of sixty days. article 311. approval of revisions each of the changes to the constitution must be approved by two-thirds of the deputies currently in office. the changes approved must be assembled in a single law of revision. article 312. new constitutional text changes to the constitution must be inserted at the proper place by means of the necessary substitutions, deletions, and additions. the new text of the constitution shall be published at the same time as the law of revision. article 313. material limits to revision the following may not be subject to revision: national independence, the integrity of the national territory, and the unity of the state; the republican form of government; universal, direct, secret, periodic suffrage for the election of national and local officeholders. the separation and interdependence of national bodies; the autonomy of local power; the independence of the courts; pluralism of expression and political organization, and the right of opposition; laws of revision may not restrict or limit the rights, liberties, and guarantees established in the constitution. article 314. promulgation the president of the republic may not refuse to promulgate laws of revision. article 315. prohibition against revision in wartime and during martial law or a state of emergency, no law revising the constitution may be passed. part vi. final and temporary provisions article 316. maintenance of office the president of the republic, the deputies in the national popular assembly, and local officeholders shall remain in office until the end of their respective terms, whose duration shall be that established by the constitution or the law in force on the date of their respective elections. article 317. preceding legislation rights which precede the constitution shall continue, provided they are not contrary to the constitution and the principles established in it. article 318. appointment of officials of public bodies by the president of the republic the president of the republic, within ninety days from the date on which this constitution takes effect, shall appoint, upon nomination by the government, the attorney general of the republic, the president of the court of accounts, and the commander of the armed forces. the president of the republic shall also appoint one judge of the supreme court of justice, two members of the council of the republic, and two members of the superior council of magistrates. article 319. appointment of officials of political or public bodies by the national assembly the national assembly, within ninety days from the date on which the constitution takes effect, shall meet to elect one judge of the supreme court of justice, two members of the council of the republic, and three members of the superior council of magistrates. article 320. election of judges to the superior council of magistrates judges shall elect two of their peers to the superior council of magistrates within ninety days from the date on which the constitution takes effect. article 321. meeting of the superior council of magistrates the superior council of magistrates shall meet within 120 days from the date on which the constitution takes effect to designate not fewer than three judges to the supreme court of justice. article 322. cessation of duties on the date this constitution takes effect, the current judges of the supreme court of justice shall cease their duties, upon the installation of the judges designed under the provisions of this constitution. the current president of the supreme court of justice shall continue, until the installation of the officer appointed under the provisions of this constitution, to exercise all functions attributed by this constitution to the president of the supreme court of justice. the current attorney general of the republic shall cease his duties upon the installation of the attorney general appointed under the provisions of this constitution. the current president of the court of accounts shall cease his duties upon the installation of the president appointed under the provisions of this constitution. the current commander of the armed forces shall cease his duties upon the installation of the commander of the armed forces under the provisions of this constitution. chapter 1 fundamental provisions section 1. the constitution finland is a sovereign republic. the constitution of finland is established in this constitutional act. the constitution shall guarantee the inviolability of human dignity and the freedom and rights of the individual and promote justice in society. finland participates in international co-operation for the protection of peace and human rights and for the development of society. finland is a member state of the european union (1112/2011, entry into force 1.3.2012). section 2. democracy and the rule of law the powers of the state in finland are vested in the people, who are represented by the parliament. democracy entails the right of the individual to participate in and influence the development of society and his or her living conditions. the exercise of public powers shall be based on an act. in all public activity, the law shall be strictly observed. section 3. parliamentarism and the separation of powers the legislative powers are exercised by the parliament, which shall also decide on state finances. the governmental powers are exercised by the president of the republic and the government, the members of which shall have the confidence of the parliament. the judicial powers are exercised by independent courts of law, with the supreme court and the supreme administrative court as the highest instances. section 4. the territory of finland the territory of finland is indivisible. the national borders cannot be altered without the consent of the parliament. section 5. finnish citizenship a child acquires finnish citizenship at birth and through the citizenship of its parents, as provided in more detail by an act. citizenship may also be granted upon notification or application, subject to the criteria determined by an act. no one can be divested of or released from his or her finnish citizenship except on grounds determined by an act and only if he or she is in possession of or will be granted the citizenship of another state. chapter 2. basic rights and liberties section 6. equality everyone is equal before the law. no one shall, without an acceptable reason, be treated differently from other persons on the ground of sex, age, origin, language, religion, conviction, opinion, health, disability or other reason that concerns his or her person. children shall be treated equally and as individuals and they shall be allowed to influence matters pertaining to themselves to a degree corresponding to their level of development. equality of the sexes is promoted in societal activity and working life, especially in the determination of pay and the other terms of employment, as provided in more detail by an act. section 7. the right to life, personal liberty and integrity everyone has the right to life, personal liberty, integrity and security. no one shall be sentenced to death, tortured or otherwise treated in a manner violating human dignity. the personal integrity of the individual shall not be violated, nor shall anyone be deprived of liberty arbitrarily or without a reason prescribed by an act. a penalty involving deprivation of liberty may be imposed only by a court of law. the lawfulness of other cases of deprivation of liberty may be submitted for review by a court of law. the rights of individuals deprived of their liberty shall be guaranteed by an act. section 8. the principle of legality in criminal cases no one shall be found guilty of a criminal offence or be sentenced to a punishment on the basis of a deed, which has not been determined punishable by an act at the time of its commission. the penalty imposed for an offence shall not be more severe than that provided by an act at the time of commission of the offence. section 9. freedom of movement finnish citizens and foreigners legally resident in finland have the right to freely move within the country and to choose their place of residence. everyone has the right to leave the country. limitations on this right may be provided by an act, if they are necessary for the purpose of safeguarding legal proceedings or for the enforcement of penalties or for the fulfillment of the duty of national defence. finnish citizens shall not be prevented from entering finland or deported or extradited or transferred from finland to another country against their will. however, it may be laid down by an act that due to a criminal act, for the purpose of legal proceedings, or in order to enforce a decision concerning the custody or care of a child, a finnish citizen can be extradited or transferred to a country in which his or her human rights and legal protection are guaranteed. (802/2007, entry into force 1.10.2007) the right of foreigners to enter finland and to remain in the country is regulated by an act. a foreigner shall not be deported, extradited or returned to another country, if in consequence he or she is in danger of a death sentence, torture or other treatment violating human dignity. section 10. the right to privacy everyone's private life, honour and the sanctity of the home are guaranteed. more detailed provisions on the protection of personal data are laid down by an act. the secrecy of correspondence, telephony and other confidential communications is inviolable. measures encroaching on the sanctity of the home, and which are necessary for the purpose of guaranteeing basic rights and liberties or for the investigation of crime, may be laid down by an act. in addition, provisions concerning limitations of the secrecy of communications which are necessary in the investigation of crimes that jeopardise the security of the individual or society or the sanctity of the home, at trials and security checks, as well as during the deprivation of liberty may be laid down by an act. section 11. freedom of religion and conscience everyone has the freedom of religion and conscience. freedom of religion and conscience entails the right to profess and practice a religion, the right to express one's convictions and the right to be a member of or decline to be a member of a religious community. no one is under the obligation, against his or her conscience, to participate in the practice of a religion. section 12. freedom of expression and right of access to information everyone has the freedom of expression. freedom of expression entails the right to express, disseminate and receive information, opinions and other communications without prior prevention by anyone. more detailed provisions on the exercise of the freedom of expression are laid down by an act. provisions on restrictions relating to pictorial programmes that are necessary for the protection of children may be laid down by an act. documents and recordings in the possession of the authorities are public, unless their publication has for compelling reasons been specifically restricted by an act. everyone has the right of access to public documents and recordings. section 13. freedom of assembly and freedom of association everyone has the right to arrange meetings and demonstrations without a permit, as well as the right to participate in them. everyone has the freedom of association. freedom of association entails the right to form an association without a permit, to be a member or not to be a member of an association and to participate in the activities of an association. the freedom to form trade unions and to organise in order to look after other interests is likewise guaranteed. more detailed provisions on the exercise of the freedom of assembly and the freedom of association are laid down by an act. section 14. electoral and participatory rights every finnish citizen who has reached eighteen years of age has the right to vote in national elections and referendums. specific provisions in this constitution shall govern the eligibility to stand for office in national elections. every finnish citizen and every other citizen of the european union resident in finland, having attained eighteen years of age, has the right to vote in the european parliamentary elections, as provided by an act. (1112/2011, entry into force 1.3.2012). every finnish citizen and every foreigner permanently resident in finland, having attained eighteen years of age, has the right to vote in municipal elections and municipal referendums, as provided by an act. provisions on the right to otherwise participate in municipal government are laid down by an act. the public authorities shall promote the opportunities for the individual to participate in societal activity and to influence the decisions that concern him or her. section 15. protection of property the property of everyone is protected. provisions on the expropriation of property, for public needs and against full compensation, are laid down by an act. section 16. educational rights everyone has the right to basic education free of charge. provisions on the duty to receive education are laid down by an act. the public authorities shall, as provided in more detail by an act, guarantee for everyone equal opportunity to receive other educational services in accordance with their ability and special needs, as well as the opportunity to develop themselves without being prevented by economic hardship. the freedom of science, the arts and higher education is guaranteed. section 17. right to one's language and culture the national languages of finland are finnish and swedish. the right of everyone to use his or her own language, either finnish or swedish, before courts of law and other authorities, and to receive official documents in that language, shall be guaranteed by an act. the public authorities shall provide for the cultural and societal needs of the finnish-speaking and swedish-speaking populations of the country on an equal basis. the sami, as an indigenous people, as well as the roma and other groups, have the right to maintain and develop their own language and culture. provisions on the right of the sami to use the sami language before the authorities are laid down by an act. the rights of persons using sign language and of persons in need of interpretation or translation aid owing to disability shall be guaranteed by an act. section 18. the right to work and the freedom to engage in commercial activity everyone has the right, as provided by an act, to earn his or her livelihood by the employment, occupation or commercial activity of his or her choice. the public authorities shall take responsibility for the protection of the labour force. the public authorities shall promote employment and work towards guaranteeing for everyone the right to work. provisions on the right to receive training that promotes employability are laid down by an act. no one shall be dismissed from employment without a lawful reason. section 19. the right to social security those who cannot obtain the means necessary for a life of dignity have the right to receive indispensable subsistence and care. everyone shall be guaranteed by an act the right to basic subsistence in the event of unemployment, illness, and disability and during old age as well as at the birth of a child or the loss of a provider. the public authorities shall guarantee for everyone, as provided in more detail by an act, adequate social, health and medical services and promote the health of the population. moreover, the public authorities shall support families and others responsible for providing for children so that they have the ability to ensure the wellbeing and personal development of the children. the public authorities shall promote the right of everyone to housing and the opportunity to arrange their own housing. section 20. responsibility for the environment nature and its biodiversity, the environment and the national heritage are the responsibility of everyone. the public authorities shall endeavour to guarantee for everyone the right to a healthy environment and for everyone the possibility to influence the decisions that concern their own living environment. section 21. protection under the law everyone has the right to have his or her case dealt with appropriately and without undue delay by a legally competent court of law or other authority, as well as to have a decision pertaining to his or her rights or obligations reviewed by a court of law or other independent organ for the administration of justice. provisions concerning the publicity of proceedings, the right to be heard, the right to receive a reasoned decision and the right of appeal, as well as the other guarantees of a fair trial and good governance shall be laid down by an act. section 22. protection of basic rights and liberties the public authorities shall guarantee the observance of basic rights and liberties and human rights. section 23. basic rights and liberties in situations of emergency (1112/2011, entry into force 1.3.2012). such provisional exceptions to basic rights and liberties that are compatible with finland's international human rights obligations and that are deemed necessary in the case of an armed attack against finland or in the event of other situations of emergency, as provided by an act, which pose a serious threat to the nation may be provided by an act or by a government decree to be issued on the basis of authorisation given in an act for a special reason and subject to a precisely circumscribed scope of application. the grounds for provisional exceptions shall be laid down by an act, however. government decrees concerning provisional exceptions shall without delay be submitted to the parliament for consideration. the parliament may decide on the validity of the decrees. chapter 3. the parliament and the representatives section 24. composition and term of the parliament the parliament is unicameral. it consists of two hundred representatives, who are elected for a term of four years at a time. the term of the parliament begins when the results of the parliamentary elections have been confirmed and lasts until the next parliamentary elections have been held. section 25. parliamentary elections the representatives shall be elected by a direct, proportional and secret vote. every citizen who has the right to vote has equal suffrage in the elections. for the parliamentary elections, the country shall be divided, on the basis of the number of finnish citizens, into at least twelve and at most eighteen constituencies. in addition, the åland islands shall form their own constituency for the election of one representative. the right to nominate candidates in parliamentary elections belongs to registered political parties and, as provided by an act, to groups of persons who have the right to vote. more detailed provisions on the timing of parliamentary elections, the nomination of candidates, the conduct of the elections and the constituencies are laid down by an act. section 26. extraordinary parliamentary elections the president of the republic, in response to a reasoned proposal by the prime minister, and after having heard the parliamentary groups, and while the parliament is in session, may order that extraordinary parliamentary elections shall be held. thereafter, the parliament shall decide the time when it concludes its work before the elections. after extraordinary parliamentary elections, the parliament shall convene in session on the first day of the calendar month that begins ninety days after the election order, unless the parliament has decided on an earlier date of convocation. section 27. eligibility and qualifications for the office of representative everyone with the right to vote and who is not under guardianship can be a candidate in parliamentary elections. a person holding military office cannot, however, be elected as a representative. the chancellor of justice of the government, the parliamentary ombudsman, a justice of the supreme court or the supreme administrative court, and the prosecutor-general cannot serve as representatives. if a representative is elected president of the republic or appointed or elected to one of the aforesaid offices, he or she shall cease to be a representative from the date of appointment or election. the office of a representative shall cease also if the representative forfeits his or her eligibility. section 28. suspension of the office of a representative and release or dismissal from office the office of a representative is suspended for the time during which the representative is serving as a member of the european parliament. during that time a deputy of the representative shall replace the representative. the tenure of office of a representative is suspended also for the duration of military service. the parliament may grant a release from office for a representative upon his or her request if it deems there is an acceptable reason for granting such release. if a representative essentially and repeatedly neglects his or her duties as a representative, the parliament may, after having obtained the opinion of the constitutional law committee, dismiss him or her from office permanently or for a given period by a decision supported by at least two thirds of the votes cast. if a person elected as a representative has been sentenced by an enforceable judgement to imprisonment for a deliberate crime or to a punishment for an electoral offence, the parliament may inquire whether he or she can be allowed to continue to serve as a representative. if the offence is such that the accused does not command the trust and respect necessary for the office of a representative, the parliament may, after having obtained the opinion of the constitutional law committee, declare the office of the representative terminated by a decision supported by at least two thirds of the votes cast. section 29. independence of representatives a representative is obliged to follow justice and truth in his or her office. he or she shall abide by the constitution and no other orders are binding on him or her. section 30. parliamentary immunity a representative shall not be prevented from carrying out his or her duties as a representative. a representative shall not be charged in a court of law nor be deprived of liberty owing to opinions expressed by the representative in the parliament or owing to conduct in the consideration of a matter, unless the parliament has consented to the same by a decision supported by at least five sixths of the votes cast. if a representative has been arrested or detained, the speaker of the parliament shall be immediately notified of this. a representative shall not be arrested or detained before the commencement of a trial without the consent of the parliament, unless he or she is for substantial reasons suspected of having committed a crime for which the minimum punishment is imprisonment for at least six months. section 31. freedom of speech and conduct of representatives each representative has the right to speak freely in the parliament on all matters under consideration and on how they are dealt with. a representative shall conduct himself or herself with dignity and decorum, and not behave offensively to another person. if a representative is in breach of such conduct, the speaker may point this out or prohibit the representative from continuing to speak. the parliament may caution a representative who has repeatedly breached the order or suspend him or her from sessions of the parliament for a maximum of two weeks. section 32. conflict of interest a representative is disqualified from consideration of and decision-making in any matter that concerns him or her personally. however, he or she may participate in the debate on such matters in a plenary session of the parliament. in addition, a representative shall be disqualified from the consideration in a committee of a matter pertaining to the inspection of his or her official duties. chapter 4. parliamentary activity section 33. parliamentary session the parliament convenes in session every year at a time decided by the parliament, after which the president of the republic shall declare the parliamentary session open. the parliamentary session continues until the time when the parliament convenes for the following parliamentary session. however, the last parliamentary session of an electoral term shall continue until the parliament decides to conclude its work. thereafter, the president shall declare the work of the parliament finished for that electoral term. however, the speaker of the parliament has the right to reconvene the parliament, when necessary, before new elections have been held. section 34. the speaker and the speaker's council the parliament elects from among its members a speaker and two deputy speakers for each parliamentary session. the election of the speaker and the deputy speakers is conducted by secret ballot. the representative receiving more than one half of the votes cast is deemed elected. if no one has received the required majority of the votes cast in the first two ballots, the representative receiving the most votes in the third ballot is deemed elected. the speaker, the deputy speakers and the chairpersons of parliamentary committees form the speaker's council. the speaker's council issues instructions on the organisation of parliamentary work and decides, as specifically provided in this constitution or in the parliament's rules of procedure, on the procedures to be followed in the consideration of matters in the parliament. the speaker's council may put forward initiatives for the enactment or amendment of acts governing parliamentary officials or the parliament's rules of procedure, as well as proposals for other provisions governing the work of the parliament. section 35. committees of the parliament for each electoral term, the parliament appoints the grand committee, the constitutional law committee, the foreign affairs committee, the finance committee, the audit committee and the other standing committees provided in the parliament’s rules of procedure. in addition, the parliament appoints committees ad hoc for the preparation of, or inquiry into, a given matter. (596/2007, entry into force 1.6.2007) the grand committee shall have twenty-five members. the constitutional law committee, the foreign affairs committee and the finance committee shall have at least seventeen members each. the other standing committees shall have at least eleven members each. in addition, each committee shall have the necessary number of alternate members. a committee has a quorum when at least two thirds of its members are present, unless a higher quorum has been specifically required for a given matter. section 36. other bodies and delegates to be elected by the parliament the parliament elects the trustees for monitoring the administration and operations of the social insurance institution, as provided in more detail by an act. the parliament elects the other necessary bodies, as provided in this constitution, in another act or in the parliament's rules of procedure. the election of the parliamentary delegates in a body established under an international agreement or in another international body shall be governed by an act or by the parliament's rules of procedure. section 37. election of the parliamentary organs the committees and the other parliamentary organs are appointed during the first parliamentary session of an electoral term for the duration of that term, unless otherwise provided in this constitution, or in the parliament's rules of procedure or in the specific rules of procedure laid down by the parliament for a given parliamentary organ. however, on the proposal of the speaker's council, the parliament may agree to the reappointment of a committee or organ during the electoral term. the parliament elects the members of the committees and the other organs. unless the election is by consensus, it is held by proportional vote. section 38. parliamentary ombudsman the parliament appoints for a term of four years a parliamentary ombudsman and two deputy ombudsmen, who shall have outstanding knowledge of law. a deputy ombudsman may have a substitute as provided in more detail by an act. the provisions on the ombudsman apply, in so far as appropriate, to a deputy ombudsman and deputy ombudsman’s substitute. (802/2007, entry into force 1.10.2007) the parliament, after having obtained the opinion of the constitutional law committee, may, for extremely weighty reasons, dismiss the ombudsman before the end of his or her term by a decision supported by at least two thirds of the votes cast. section 39. how matters are initiated for consideration in the parliament matters are initiated for consideration in the parliament on the basis of a government proposal or a motion submitted by the government or a motion submitted by a representative, or in another manner provided in this constitution or in the parliament's rules of procedure. representatives may put forward: legislative motions, containing a proposal for the enactment of an act; budgetary motions, containing a proposal for an appropriation to be included in the budget or a supplementary budget, or for another budgetary decision; and petitionary motions, containing a proposal for the drafting of a law or for taking other measures. section 40. preparation of matters government proposals, motions by representatives, reports submitted to the parliament and other matters, as provided for in this constitution or in the parliament's rules of procedure, shall be prepared in committees before their final consideration in a plenary session of the parliament. section 41. consideration of matters in plenary session a legislative proposal and a proposal on the parliament's rules of procedure are considered in plenary session in two readings. however, a legislative proposal left in abeyance and an act left unconfirmed are considered in one reading only. other matters are considered in the plenary session in a single reading. decisions in plenary session are made by a simple majority of the votes cast, unless specifically otherwise provided in this constitution. in the event of a tie, the decision is made by drawing lots, except where a qualified majority is required for the adoption of a motion. more detailed provisions on voting procedure are laid down in the parliament's rules of procedure. section 42. duties of the speaker in a plenary session the speaker convenes the plenary sessions, presents the matters on the agenda, oversees the debate and ensures that the constitution is complied with in the consideration of matters in plenary session. the speaker shall not refuse to include a matter on the agenda or a motion in a vote, unless he or she considers it to be contrary to the constitution, another act or a prior decision of the parliament. in this event, the speaker shall explain the reasons for the refusal. if the parliament does not accept the decision of the speaker, the matter is referred to the constitutional law committee, which shall without delay rule whether the action of the speaker has been correct. the speaker does not participate in debates or votes in plenary sessions. section 43. interpellations a group of at least twenty representatives may address an interpellation to the government or to an individual minister on a matter within the competence of the government or the minister. the interpellation shall be replied to in a plenary session of the parliament within fifteen days of the date when the interpellation was brought to the attention of the government. at the conclusion of the consideration of the interpellation, a vote of confidence shall be taken by the parliament, provided that a motion of no confidence in the government or the minister has been put forward during the debate. section 44. statements and reports of the government the government may present a statement or report to the parliament on a matter relating to the governance of the country or its international relations. at the conclusion of the consideration of a statement, a vote of confidence in the government or a minister shall be taken, provided that a motion of no confidence in the government or the minister has been put forward during the debate. no decision on confidence in the government or its member shall be made in the consideration of a report. section 45. questions, announcements and debates each representative has the right to address questions to a minister on matters within the minister's competence. provisions on the questions and the answers are laid down in the parliament's rules of procedure. the prime minister or a minister designated by the prime minister may present an announcement to the parliament on any topical issue. a debate on any topical issue may be held in a plenary session, as provided in more detail in the parliament's rules of procedure. the parliament makes no decisions on matters referred to in this section. in the consideration of these matters, exceptions may be made to the provision in section 31(1) on the right to speak. section 46. reports to be submitted to the parliament the government shall submit to the parliament annual reports on governmental activities and on the measures undertaken in response to parliamentary decisions, as well as annual reports on state finances and adherence to the budget. (1112/2011, entry into force 1.3.2012) other reports shall be submitted to the parliament, as provided in this constitution, or in another act or in the parliament's rules of procedure. section 47. parliamentary right to receive information the parliament has the right to receive from the government the information it needs in the consideration of matters. the appropriate minister shall ensure that committees and other parliamentary organs receive without delay the necessary documents and other information in the possession of the authorities. a committee has the right to receive information from the government or the appropriate ministry on a matter within its competence. the committee may issue a statement to the government or the ministry on the basis of the information. a representative has the right to information which is in the possession of authorities and which is necessary for the performance of the duties of the representative, in so far as the information is not secret or it does not pertain to a state budget proposal under preparation. in addition, the right of the parliament to information on international affairs is governed by the provisions included elsewhere in this constitution. section 48. right of attendance of ministers, the ombudsman and the chancellor of justice minister has the right to attend and to participate in debates in plenary sessions of the parliament even if the minister is not a representative. a minister may not be a member of a committee of the parliament. when performing the duties of the president of the republic under section 59, a minister may not participate in parliamentary work. the parliamentary ombudsman and the chancellor of justice of the government may attend and participate in debates in plenary sessions of the parliament when their reports or other matters taken up on their initiative are being considered. section 49. continuity of consideration consideration of matters unfinished in one parliamentary session continues in the following parliamentary session, unless parliamentary elections have been held in the meantime. when necessary, the consideration of an international matter pending in the parliament may continue in the parliamentary session following parliamentary elections. (1112/2011, entry into force 1.3.2012) section 50. public nature of parliamentary activity the plenary sessions of the parliament are open to the public, unless the parliament for a very weighty reason decides otherwise for a given matter. the parliament publishes its papers, as provided in more detail in the parliament's rules of procedure. the meetings of committees are not open to the public. however, a committee may open its meeting to the public during the time when it is gathering information for the preparation of a matter. the minutes and other related documents of the committees shall be made available to the public, unless a committee for a compelling reason decides otherwise for a given matter. the members of a committee shall observe the level of confidentiality considered necessary by the committee. however, when considering matters relating to finland's international relations or european union affairs, the members of a committee shall observe the level of confidentiality considered necessary by the foreign affairs committee or the grand committee after having heard the opinion of the government. section 51. languages used in parliamentary work the finnish or swedish languages are used in parliamentary work. the government and the other authorities shall submit the documents necessary for a matter to be taken up for consideration in the parliament both in finnish and swedish. likewise, the parliamentary replies and communications, the reports and statements of the committees, as well as the written proposals of the speaker's council, shall be written in finnish and swedish. section 52. parliament's rules of procedure and other instructions and rules of procedure more detailed provisions on the procedures to be followed in the parliament, as well as on parliamentary organs and parliamentary work are issued in the parliament's rules of procedure. the parliament's rules of procedure shall be adopted in plenary session following the procedure for the consideration of legislative proposals and published in the statutes of finland. the parliament may issue instructions for the detailed arrangement of internal administration, for elections to be carried out by the parliament and for other parliamentary work. in addition, the parliament may issue rules of procedure for the organs appointed by it. section 53. referendum and citizens’ initiative (new title, 1112/2011, entry into force 1.3.2012) the decision to organise a consultative referendum is made by an act, which shall contain provisions on the time of the referendum and on the choices to be presented to the voters. provisions concerning the conduct of a referendum are laid down by an act. at least fifty thousand finnish citizens entitled to vote have the right to submit an initiative for the enactment of an act to the parliament, as provided by an act. (1112/2011, entry into force 1.3.2012) chapter 5. the president of the republic and the government section 54. election of the president of the republic the president of the republic is elected by a direct vote for a term of six years. the president shall be a native-born finnish citizen. the same person may be elected president for no more than two consecutive terms of office. the candidate who receives more than half of the votes cast in the election shall be elected president. if none of the candidates has received a majority of the votes cast, a new election shall be held between the two candidates who have received most votes. in the new election, the candidate receiving the most votes is elected president. if only one presidential candidate has been nominated, he or she is appointed president without an election. the right to nominate a candidate in the election for president is held by any registered political party from whose candidate list at least one representative was elected to the parliament in the most recent parliamentary elections, as well as by any group of twenty thousand persons who have the right to vote. the time of the election and the procedure in the election of a president are laid down by an act. section 55. the presidential term the president of the republic assumes office on the first day of the calendar month following his or her election into office. the term of the president ends when the president elected in the next election assumes office. if the president dies or if the government declares that the president is permanently unable to carry out the duties of the presidency, a new president shall be elected as soon as possible. section 56. solemn affirmation of the president when the president of the republic assumes office, he or she shall make the following solemn affirmation before the parliament: "i, , elected by the people of finland as the president of the republic, hereby affirm that in my presidential duties i shall sincerely and conscientiously observe the constitution and the laws of the republic, and to the best of my ability promote the wellbeing of the people of finland." section 57. duties of the president the president of the republic carries out the duties stated in this constitution or specifically stated in another act. section 58. decisions of the president the president of the republic makes decisions in government on the basis of motions proposed by the government. if the president does not make the decision in accordance with the motion proposed by the government, the matter is returned to the government for preparation. in such a case, in matters other than those concerning confirmation of an act or appointment to an office or position, the government may present to the parliament a report on the matter. thereafter, the matter will be decided in accordance with the position adopted by the parliament on the basis of the report, if this is proposed by the government. (1112/2011, entry into force 1.3.2012) notwithstanding the provision in paragraph (1), the president makes decisions on the following matters without a motion from the government: the appointment of the government or a minister, as well as the acceptance of the resignation of the government or a minister; the issuance of an order concerning extraordinary parliamentary elections; presidential pardons and other matters, as specifically laid down by acts, concerning private individuals or matters not requiring consideration in a plenary meeting of the government; and matters referred to in the act on the autonomy of the åland islands, other than those relating to the finances of the åland islands. the appropriate minister presents matters to the president. however, the appropriate government rapporteur presents a proposal concerning the alteration of the composition of the government, where this concerns the entire government. the president makes decisions on matters relating to military orders in conjunction with a minister, as provided for in more detail by an act. the president makes decisions on military appointments and matters pertaining to the office of the president of the republic as provided by an act. decisions on finland’s participation in military crisis management are made as specifically provided by an act. (1112/2011, entry into force 1.3.2012) section 59. substitutes of the president when the president of the republic is prevented from carrying out of his or her duties, these are taken over by the prime minister or, if the prime minister too is incapacitated, by the minister acting as deputy prime minister. section 60. the government the government consists of the prime minister and the necessary number of ministers. the ministers shall be finnish citizens known to be honest and competent. the ministers are responsible before the parliament for their actions in office. every minister participating in the consideration of a matter in a government meeting is responsible for any decision made, unless he or she has expressed an objection that has been entered in the minutes. section 61. formation of the government the parliament elects the prime minister, who is thereafter appointed to the office by the president of the republic. the president appoints the other ministers in accordance with a proposal made by the prime minister. before the prime minister is elected, the groups represented in the parliament negotiate on the political programme and composition of the government. on the basis of the outcome of these negotiations, and after having heard the speaker of the parliament and the parliamentary groups, the president informs the parliament of the nominee for prime minister. the nominee is elected prime minister if his or her election has been supported by more than half of the votes cast in an open vote in the parliament. if the nominee does not receive the necessary majority, another nominee shall be put forward in accordance with the same procedure. if the second nominee fails to receive the support of more than half of the votes cast, the election of the prime minister shall be held in the parliament by open vote. in this event, the person receiving the most votes is elected. the parliament shall be in session when the government is being appointed and when the composition of the government is being essentially altered. section 62. statement on the programme of the government the government shall without delay submit its programme to the parliament in the form of a statement. the same applies when the composition of the government is essentially altered. section 63. ministers' personal interests while holding the office of a minister, a member of the government shall not hold any other public office or undertake any other task which may obstruct the performance of his or her ministerial duties or compromise the credibility of his or her actions as a minister. a minister shall, without delay after being appointed, present to the parliament an account of his or her commercial activities, shareholdings and other significant assets, as well as of any duties outside the official duties of a minister and of other interests which may be of relevance when his or her performance as a member of the government is being evaluated. section 64. resignation of the government or a minister the president of the republic grants, upon request, the resignation of the government or a minister. the president may also grant the resignation of a minister on the proposal of the prime minister. the president shall in any event dismiss the government or a minister, if either no longer enjoys the confidence of parliament, even if no request is made. if a minister is elected president of the republic or the speaker of parliament, he or she shall be considered to have resigned the office of minister as from the day of election. section 65. duties of the government the government has the duties specifically provided in this constitution, as well as the other governmental and administrative duties which have been assigned to the government or a minister or which have not been attributed to the competence of the president of the republic or another public authority. the government implements the decisions of the president. section 66. duties of the prime minister the prime minister directs the activities of the government and oversees the preparation and consideration of matters that come within the mandate of the government. the prime minister chairs the plenary meetings of the government. the prime minister represents finland on the european council. unless the government exceptionally decides otherwise, the prime minister also represents finland in other activities of the european union requiring the participation of the highest level of state.(1112/2011, entry into force 1.3.2012) when the prime minister is prevented from attending to his or her duties, the duties are taken over by the minister designated as deputy prime minister and, when the deputy prime minister is prevented from attending to his other duties, by the most senior ranking minister. section 67. decision-making in the government the matters within the authority of the government are decided at the plenary meetings of the government or at the ministry to which the matter belongs. matters of wide importance or matters that are significant for reasons of principle, as well as matters whose significance so warrants, are decided by the government in plenary meeting. more detailed provisions relating to the decision-making powers of the government are laid down by an act. the matters to be considered by the government shall be prepared in the appropriate ministry. the government may have committees of ministers for the preparation of matters. the plenary meeting of the government is competent with a quorum of five ministers present. section 68. the ministries the government has the requisite number of ministries. each ministry, within its proper purview, is responsible for the preparation of matters to be considered by the government and for the appropriate functioning of administration. each ministry is headed by a minister. provisions on the maximum number of ministries and on the general principles for the establishment of ministries are laid down by an act. provisions on the purviews of the ministries and on the distribution of matters among them, as well as on the other forms of organisation of the government are laid down by an act or by a decree issued by the government. section 69. the chancellor of justice of the government attached to the government, there is a chancellor of justice and a deputy chancellor of justice, who are appointed by the president of the republic, and who shall have outstanding knowledge of law. in addition, the president appoints a substitute for the deputy chancellor of justice for a term of office not exceeding five years. when the deputy chancellor of justice is prevented from performing his or her duties, the substitute shall take responsibility for them. the provisions on the chancellor of justice apply, in so far as appropriate, to the deputy chancellor of justice and the substitute. chapter 6. legislation section 70. legislative initiative the proposal for the enactment of an act is initiated in the parliament through a government proposal submitted by the government or through a legislative motion submitted by a representative. legislative motions can be submitted when the parliament is in session. section 71. supplementation and withdrawal of a government proposal a government proposal may be supplemented through a new complementary proposal or it may be withdrawn. a complementary proposal cannot be submitted once the committee preparing the matter has issued its report. section 72. consideration of a legislative proposal in the parliament once the relevant report of the committee preparing the matter has been issued, a legislative proposal is considered in two readings in a plenary session of the parliament. in the first reading of the legislative proposal, the report of the committee is presented and debated, and a decision on the contents of the legislative proposal is made. in the second reading, which at the earliest takes place on the third day after the conclusion of the first reading, the parliament decides whether the legislative proposal is accepted or rejected. while the first reading is in progress, the legislative proposal may be referred to the grand committee for consideration. more detailed provisions on the consideration of a legislative proposal are laid down in the parliament's rules of procedure. section 73. procedure for constitutional enactment a proposal on the enactment, amendment or repeal of the constitution or on the enactment of a limited derogation of the constitution shall in the second reading be left in abeyance, by a majority of the votes cast, until the first parliamentary session following parliamentary elections. the proposal shall then, once the committee has issued its report, be adopted without material alterations in one reading in a plenary session by a decision supported by at least two thirds of the votes cast. however, the proposal may be declared urgent by a decision that has been supported by at least five sixths of the votes cast. in this event, the proposal is not left in abeyance and it can be adopted by a decision supported by at least two thirds of the votes cast. section 74. supervision of constitutionality the constitutional law committee shall issue statements on the constitutionality of legislative proposals and other matters brought for its consideration, as well as on their relation to international human rights treaties. section 75. special legislation for the åland islands the legislative procedure for the act on the autonomy of the åland islands and the act on the right to acquire real estate in the åland islands is governed by the specific provisions in those acts. the right of the legislative assembly of the åland islands to submit proposals and the enactment of acts passed by the legislative assembly of åland are governed by the provisions in the act on the autonomy of the åland islands. section 76. the church act provisions on the organisation and administration of the evangelic lutheran church are laid down in the church act. the legislative procedure for enactment of the church act and the right to submit legislative proposals relating to the church act are governed by the specific provisions in that code. section 77. confirmation of acts an act adopted by the parliament shall be submitted to the president of the republic for confirmation. the president shall decide on the confirmation within three months of the submission of the act. the president may obtain a statement on the act from the supreme court or the supreme administrative court. if the president does not confirm the act, it is returned for the consideration of the parliament. if the parliament readopts the act without material alterations, it enters into force without confirmation. if the parliament does not readopt the act, it shall be deemed to have lapsed. section 78. consideration of an unconfirmed act if the president of the republic has not confirmed an act within the time provided, it shall without delay be taken up for reconsideration in the parliament. once the pertinent report of the committee has been issued, the act shall be adopted without material alterations or rejected. the decision is made in plenary session in one reading with the majority of the votes cast. section 79. publication and entry into force of acts if an act has been enacted in accordance with the procedure for constitutional enactment, this is indicated in the act. an act which has been confirmed or which enters into force without confirmation shall be signed by the president of the republic and countersigned by the appropriate minister. the government shall thereafter without delay publish the act in the statutes of finland. the act shall indicate the date when it enters into force. for a special reason, it may be stated in an act that it is to enter into force by means of a decree. if the act has not been published by the date provided for its entry into force, it shall enter into force on the date of its publication. acts are enacted and published in finnish and swedish. section 80. issuance of decrees and delegation of legislative powers the president of the republic, the government and a ministry may issue decrees on the basis of authorisation given to them in this constitution or in another act. however, the principles governing the rights and obligations of private individuals and the other matters that under this constitution are of a legislative nature shall be governed by acts. if there is no specific provision on who shall issue a decree, it is issued by the government. moreover, other authorities may be authorised by an act to lay down legal rules on given matters, if there is a special reason pertinent to the subject matter and if the material significance of the rules does not require that they be laid down by an act or a decree. the scope of such an authorisation shall be precisely circumscribed. general provisions on the publication and entry into force of decrees and other legal norms are laid down by an act. chapter 7. state finances section 81. state taxes and charges the state tax is governed by an act, which shall contain provisions on the grounds for tax liability and the amount of the tax, as well as on the legal remedies available to the persons or entities liable to taxation. the general criteria governing the charges to be levied on the official functions, services and other activities of state authorities and on the amount of the charges are laid down by an act. section 82. state debt and guarantees the incurrence of state debt shall be based on the consent of the parliament, which indicates the maximum level of new debt or the total level of state debt. a state security and a state guarantee may be given on the basis of the consent of the parliament. section 83. state budget the parliament decides on the state budget for one budgetary year at a time. it is published in the statute book of finland. the government proposal concerning the state budget and the other proposals pertaining to it shall be submitted to the parliament well in advance of the next budgetary year. the provisions in section 71 apply to the supplementation and withdrawal of the budget proposal. a representative may, on the basis of the budget proposal, through a budgetary motion initiate a proposal for an appropriation or other decision to be included in the state budget. once the pertinent report of the finance committee of the parliament has been issued, the budget is adopted in a single reading in a plenary session of the parliament. more detailed provisions on the consideration of the budget proposal in the parliament are laid down in the parliament's rules of procedure. if the publication of the state budget is delayed beyond the new budgetary year, the budget proposal of the government shall be applied as a provisional budget in a manner decided by the parliament. section 84. contents of the budget estimates of the annual revenues and appropriations for the annual expenditures of the state, the reasons for the appropriations and other justifications of the budget shall be included in the state budget. it may be provided by an act that, for certain revenues and expenditures immediately linked one to another, a revenue forecast or appropriation corresponding to their difference may be included in the budget. the revenue forecasts in the budget shall cover the appropriations included in it. when covering the appropriations, the surplus or deficit in the state's final accounts may be taken into account, as provided by an act. the revenue forecasts or appropriations pertaining to linked revenues and expenditures may be included in the budget for several budgetary years, as provided by an act. the general principles on the functions and finances of state enterprises are laid down by an act. as regards state enterprises, revenue forecasts or appropriations are taken into the budget only in so far as they are provided by an act. when considering the budget, the parliament approves the most important service objectives and other objectives of state enterprises. section 85. appropriations in the budget the appropriations are taken up in the budget as fixed appropriations, estimated appropriations or transferable appropriations. an estimated appropriation may be exceeded and a transferable appropriation transferred to be used in later budgetary years, as provided by an act. a fixed appropriation and a transferable appropriation shall not be exceeded nor a fixed appropriation transferred, unless this has been allowed by an act. an appropriation shall not be moved from one budget item to another, unless this has been allowed in the budget. however, the transfer of an appropriation to a budget item to which its use is closely linked may be allowed by an act. an authorisation, limited in its amount and purpose, may be given in the budget for the incurrence of expenditure, the appropriations for which are to be taken from budgets of following budgetary years. section 86. supplementary budget a proposal of the government for a supplementary budget shall be submitted to the parliament, if there is a justified reason for amending the budget. a representative may submit budgetary motions for a budget amendment immediately linked to the supplementary budget. section 87. extra-budgetary funds an extra-budgetary fund may be created by an act, if the performance of a permanent duty of the state requires this in an essential manner. however, the decision of the parliament to adopt a legislative proposal for the creation of an extra-budgetary fund or the extension of such a fund or its purpose must be supported by at least two thirds of the votes cast. section 88. legitimate receivables from the state to private parties regardless of the budget, everyone has the right to collect his or her legitimate receivables from the state. section 89. approval of the terms of service of state officials and employees the appropriate committee of the parliament accepts, in the name of the parliament, agreements on the terms of service of state officials and employees, in so far as this requires the consent of the parliament. section 90. supervision and audit of state finances the parliament supervises state finances and compliance with the state budget. for this purpose, the parliament shall have an audit committee. the audit committee shall report any significant supervisory findings to the parliament. (596/2007, entry into force 1.6.2007) for the purpose of auditing state finances and compliance with the state budget, there shall be an independent national audit office in connection with the parliament. more detailed provisions on the status and duties of the national audit office are laid down by an act. the audit committee and the national audit office have the right to receive information needed for the performance of their duties from public authorities and other entities that are subject to their control. (596/2007, entry into force 1.6.2007) section 91. the bank of finland the bank of finland operates under the guarantee and supervision of the parliament, as provided by an act. for the purpose of supervising the operations of the bank of finland, the parliament elects its governors. the appropriate committee of the parliament and the governors have the right to receive the information needed for the supervision of the operations of the bank of finland. section 92. state assets provisions on the competence and procedure in the use of shareholder authority in companies effectively controlled by the state are laid down by an act. provisions on the necessity for the consent of the parliament for the acquisition or relinquishment of effective control by the state in a company are likewise laid down by an act. state real estate may be conveyed only with the consent of the parliament or as provided by an act. chapter 8. international relations section 93. competence in the area of foreign policy issues the foreign policy of finland is directed by the president of the republic in co-operation with the government. however, the parliament accepts finland's international obligations and their denouncement and decides on the bringing into force of finland's international obligations in so far as provided in this constitution. the president decides on matters of war and peace, with the consent of the parliament. the government is responsible for the national preparation of the decisions to be made in the european union, and decides on the concomitant finnish measures, unless the decision requires the approval of the parliament. the parliament participates in the national preparation of decisions to be made in the european union, as provided in this constitution. the communication of important foreign policy positions to foreign states and international organisations is the responsibility of the minister with competence in foreign affairs. section 94. acceptance of international obligations and their denouncement the acceptance of the parliament is required for such treaties and other international obligations that contain provisions of a legislative nature, are otherwise significant, or otherwise require approval by the parliament under this constitution. the acceptance of the parliament is required also for the denouncement of such obligations. a decision concerning the acceptance of an international obligation or the denouncement of it is made by a majority of the votes cast. however, if the proposal concerns the constitution or an alteration of the national borders, or such transfer of authority to the european union, an international organisation or an international body that is of significance with regard to finland’s sovereignty, the decision shall be made by at least two thirds of the votes cast. (1112/2011, entry into force 1.3.2012) an international obligation shall not endanger the democratic foundations of the constitution. section 95. bringing into force of international obligations the provisions of treaties and other international obligations, in so far as they are of a legislative nature, are brought into force by an act. otherwise, international obligations are brought into force by a decree. (1112/2011, entry into force 1.3.2012) a government bill for the bringing into force of an international obligation is considered in accordance with the ordinary legislative procedure pertaining to an act. however, if the proposal concerns the constitution or a change to the national territory, or such transfer of authority to the european union, an international organisation or an international body that is of significance with regard to finland’s sovereignty, the parliament shall adopt it, without leaving it in abeyance, by a decision supported by at least two thirds of the votes cast. (1112/2011, entry into force 1.3.2012) an act may state that for the bringing into force of an international obligation its entry into force is provided by a decree. general provisions on the publication of treaties and other international obligations are laid down by an act. section 96. participation of the parliament in the national preparation of european union matters the parliament considers those proposals for acts, agreements and other measures which are to be decided in the european union and which otherwise, according to the constitution, would fall within the competence of the parliament. the government shall, for the determination of the position of the parliament, communicate a proposal referred to in paragraph (1) to the parliament by a communication of the government, without delay, after receiving notice of the proposal. the proposal is considered in the grand committee and ordinarily in one or more of the other committees that issue statements to the grand committee. however, the foreign affairs committee considers a proposal pertaining to foreign and security policy. where necessary, the grand committee or the foreign affairs committee may issue to the government a statement on the proposal. in addition, the speaker's council may decide that the matter be taken up for debate in plenary session, during which, however, no decision is made by the parliament. the government shall provide the appropriate committees with information on the consideration of the matter in the european union. the grand committee or the foreign affairs committee shall also be informed of the position of the government on the matter. section 97. parliamentary right to receive information on international affairs the foreign affairs committee of the parliament shall receive from the government, upon request and when otherwise necessary, reports of matters pertaining to foreign and security policy. correspondingly, the grand committee of the parliament shall receive reports on the preparation of other matters in the european union. the speaker's council may decide on a report being taken up for debate in plenary session, during which, however, no decision is made by the parliament. the prime minister shall provide the parliament or a committee with information on matters to be dealt with in a european council beforehand and without delay after a meeting of the council. the same applies when amendments are being prepared to the treaties establishing the european union. the appropriate committee of the parliament may issue a statement to the government on the basis of the reports or information referred to above. chapter 9. administration of justice section 98. courts of law the supreme court, the courts of appeal and the district courts are the general courts of law. the supreme administrative court and the regional administrative courts are the general courts of administrative law. provisions on special courts of law, administering justice in specifically defined fields, are laid down by an act. provisional courts shall not be established. section 99. duties of the supreme court and the supreme administrative court justice in civil, commercial and criminal matters is in the final instance administered by the supreme court. justice in administrative matters is in the final instance administered by the supreme administrative court. the highest courts supervise the administration of justice in their own fields of competence. they may submit proposals to the government for the initiation of legislative action. section 100. composition of the supreme court and the supreme administrative court the supreme court and the supreme administrative court are composed of the president of the court and the requisite number of justices. the supreme court and the supreme administrative court have a competent quorum when five members are present, unless a different quorum has been laid down by an act. section 101. high court of impeachment the high court of impeachment deals with charges brought against a member of the government, the chancellor of justice, the parliamentary ombudsman or a member of the supreme court or the supreme administrative court for unlawful conduct in office. the court of impeachment deals also with the charges referred to in section 113 below. the high court of impeachment consists of the president of the supreme court, presiding, and the president of the supreme administrative court, the three most senior-ranking presidents of the courts of appeal and five members elected by the parliament for a term of four years. more detailed provisions on the composition, quorum and procedure of the court of impeachment are laid down by an act. section 102. appointment of judges tenured judges are appointed by the president of the republic in accordance with the procedure laid down by an act. provisions on the appointment of other judges are laid down by an act. section 103. the right of judges to remain in office a judge shall not be suspended from office, except by a judgement of a court of law. in addition, a judge shall not be transferred to another office without his or her consent, except where the transfer is a result of a reorganisation of the judiciary. provisions on the duty of a judge to resign at the attainment of a given age or after losing capability to work are laid down by an act. more detailed provisions on the other terms of service of a judge are laid down by an act. section 104. the prosecutors the prosecution service is headed by the highest prosecutor, the prosecutor-general, who is appointed by the president of the republic. more detailed provisions on the prosecution service are laid down by an act. section 105. presidential pardon in individual cases, the president of the republic may, after obtaining a statement from the supreme court, grant full or partial pardon from a penalty or other criminal sanction imposed by a court of law. a general amnesty may be provided only by an act. chapter 10. supervision of legality section 106. primacy of the constitution if, in a matter being tried by a court of law, the application of an act would be in evident conflict with the constitution, the court of law shall give primacy to the provision in the constitution. section 107. subordination of lower-level statutes if a provision in a decree or another statute of a lower level than an act is in conflict with the constitution or another act, it shall not be applied by a court of law or by any other public authority. section 108. duties of the chancellor of justice of the government the chancellor of justice shall oversee the lawfulness of the official acts of the government and the president of the republic. the chancellor of justice shall also ensure that the courts of law, the other authorities and the civil servants, public employees and other persons, when the latter are performing a public task, obey the law and fulfill their obligations. in the performance of his or her duties, the chancellor of justice monitors the implementation of basic rights and liberties and human rights. the chancellor of justice shall, upon request, provide the president, the government and the ministries with information and opinions on legal issues. the chancellor of justice submits an annual report to the parliament and the government on his or her activities and observations on how the law has been obeyed. section 109. duties of the parliamentary ombudsman the ombudsman shall ensure that the courts of law, the other authorities and civil servants, public employees and other persons, when the latter are performing a public task, obey the law and fulfill their obligations. in the performance of his or her duties, the ombudsman monitors the implementation of basic rights and liberties and human rights. the ombudsman submits an annual report to the parliament on his or her work, including observations on the state of the administration of justice and on any shortcomings in legislation. section 110. the right of the chancellor of justice and the ombudsman to bring charges and the division of responsibilities between them a decision to bring charges against a judge for unlawful conduct in office is made by the chancellor of justice or the ombudsman. the chancellor of justice and the ombudsman may prosecute or order that charges be brought also in other matters falling within the purview of their supervision of legality. provisions on the division of responsibilities between the chancellor of justice and the ombudsman may be laid down by an act, without, however, restricting the competence of either of them in the supervision of legality. section 111. the right of the chancellor of justice and ombudsman to receive information the chancellor of justice and the ombudsman have the right to receive from public authorities or others performing public duties the information needed for their supervision of legality. the chancellor of justice shall be present at meetings of the government and when matters are presented to the president of the republic in a presidential meeting of the government. the ombudsman has the right to attend these meetings and presentations. section 112. supervision of the lawfulness of the official acts of the government and the president of the republic if the chancellor of justice becomes aware that the lawfulness of a decision or measure taken by the government, a minister or the president of the republic gives rise to a comment, the chancellor shall present the comment, with reasons, on the aforesaid decision or measure. if the comment is ignored, the chancellor of justice shall have the comment entered in the minutes of the government and, where necessary, undertake other measures. the ombudsman has the corresponding right to make a comment and to undertake measures. if a decision made by the president is unlawful, the government shall, after having obtained a statement from the chancellor of justice, notify the president that the decision cannot be implemented, and propose to the president that the decision be amended or revoked. section 113. criminal liability of the president of the republic if the chancellor of justice, the ombudsman or the government deem that the president of the republic is guilty of treason or high treason, or a crime against humanity, the matter shall be communicated to the parliament. in this event, if the parliament, by three fourths of the votes cast, decides that charges are to be brought, the prosecutor-general shall prosecute the president in the high court of impeachment and the president shall abstain from office for the duration of the proceedings. in other cases, no charges shall be brought for the official acts of the president. section 114. prosecution of ministers a charge against a member of the government for unlawful conduct in office is heard by the high court of impeachment, as provided in more detail by an act. the decision to bring a charge is made by the parliament, after having obtained an opinion from the constitutional law committee concerning the unlawfulness of the actions of the minister. before the parliament decides to bring charges or not it shall allow the minister an opportunity to give an explanation. when considering a matter of this kind the committee shall have a quorum when all of its members are present. a member of the government is prosecuted by the prosecutor-general. section 115. initiation of a matter concerning the legal responsibility of a minister an inquiry into the lawfulness of the official acts of a minister may be initiated in the constitutional law committee on the basis of: a notification submitted to the constitutional law committee by the chancellor of justice or the ombudsman; a petition signed by at least ten representatives; or a request for an inquiry addressed to the constitutional law committee by another committee of the parliament. the constitutional law committee may open an inquiry into the lawfulness of the official acts of a minister also on its own initiative. section 116. preconditions for the prosecution of a minister a decision to bring charges against a member of the government may be made if he or she has, intentionally or through gross negligence, essentially contravened his or her duties as a minister or otherwise acted clearly unlawfully in office. section 117. legal responsibility of the chancellor of justice and the ombudsman the provisions in sections 114 and 115 concerning a member of the government apply to an inquiry into the lawfulness of the official acts of the chancellor of justice and the ombudsman, the bringing of charges against them for unlawful conduct in office and the procedure for the hearing of such charges. section 118. official accountability a civil servant is responsible for the lawfulness of his or her official actions. he or she is also responsible for a decision made by an official multi-member body that he or she has supported as one of its members. a rapporteur shall be responsible for a decision made upon his or her presentation, unless he or she has filed an objection to the decision. everyone who has suffered a violation of his or her rights or sustained loss through an unlawful act or omission by a civil servant or other person performing a public task shall have the right to request that the civil servant or other person in charge of a public task be sentenced to a punishment and that the public organisation, official or other person in charge of a public task be held liable for damages, as provided by an act. however, there is no such right to bring charges, if, under the constitution, the charges are to be heard by the high court of impeachment. (1112/2011, entry into force 1.3.2012) chapter 11. administration and self-government section 119. state administration in addition to the government and the ministries, the central administration of the state may consist of agencies, institutions and other bodies. the state may also have regional and local public authorities. more detailed provisions on the administration subordinate to the parliament are laid down by an act. the general principles governing the bodies of state administration shall be laid down by an act, if their duties involve the exercise of public powers. the principles governing the regional and local authorities of the state shall likewise be governed by an act. in other respects, provisions on the entities of state administration may be laid down by a decree. section 120. special status of the åland islands the åland islands have self-government in accordance with what is specifically stipulated in the act on the autonomy of the åland islands. section 121. municipal and other regional self-government finland is divided into municipalities, whose administration shall be based on the self-government of their residents. provisions on the general principles governing municipal administration and the duties of the municipalities are laid down by an act. the municipalities have the right to levy municipal tax. provisions on the general principles governing tax liability and the grounds for the tax as well as on the legal remedies available to the persons or entities liable to taxation are laid down by an act. provisions on self-government in administrative areas larger than a municipality are laid down by an act. in their native region, the sami have linguistic and cultural self-government, as provided by an act. section 122. administrative divisions in the organisation of administration, the objective shall be suitable territorial divisions, so that the finnish-speaking and swedish-speaking populations have an opportunity to receive services in their own language on equal terms. the principles governing the municipal divisions are laid down by an act. section 123. universities and other education providers the universities are self-governing, as provided in more detail by an act. provisions on the principles governing the other educational services arranged by the state and the municipalities, as well as on the right to arrange corresponding education in private educational institutions, are laid down by an act. section 124. delegation of administrative tasks to others than the authorities a public administrative task may be delegated to others than public authorities only by an act or by virtue of an act, if this is necessary for the appropriate performance of the task and if basic rights and liberties, legal remedies and other requirements of good governance are not endangered. however, a task involving significant exercise of public powers can only be delegated to public authorities. section 125. general qualifications for public office and other grounds for appointment it may be stated in an act that only finnish citizens are eligible for appointment to certain public offices or duties. the general qualifications for public office shall be skill, ability and proven civic merit. section 126. appointment to state offices (1112/2011, entry into force 1.3.2012) the government appoints state officials unless the appointment has been designated as a prerogative of the president of the republic, a ministry or another public authority. the president appoints the permanent secretary of the office of the president of the republic and the heads of finnish diplomatic missions abroad. chapter 12. national defence section 127. national defence obligation every finnish citizen is obligated to participate or assist in national defence, as provided by an act. provisions on the right to exemption, on grounds of conscience, from participation in military national defence are laid down by an act. section 128. commander-in-chief of the defence forces the president of the republic is the commander-in-chief of the defence forces. on the proposal of the government in situations of emergency, the president may relinquish this task to another finnish citizen. (1112/2011, entry into force 1.3.2012) the president appoints the officers of the defence forces. section 129. mobilisation on the proposal of the government, the president of the republic decides on the mobilisation of the defence forces. if the parliament is not in session at that moment, it shall be convened at once. chapter 13. final provisions section 130. entry into force this constitution shall enter into force on 1 march 2000. detailed provisions necessary for the implementation of the constitution are laid down by an act. section 131. repeal of constitutional acts this constitution repeals the following constitutional acts, as amended: the constitution act of finland, of 17 july 1919; the parliament act, of 13 january 1928; the act on the high court of impeachment, of 25 november 1922 (273/1922); and the act on the right of parliament to inspect the lawfulness of the official acts of the members of the council of state, the chancellor of justice and the parliamentary ombudsman, of 25 november 1922 (274/1922). preamble the french people solemnly proclaim their attachment to the rights of man and the principles of national sovereignty as defined by the declaration of 1789, confirmed and complemented by the preamble to the constitution of 1946, and to the rights and duties as defined in the charter for the environment of 2004. by virtue of these principles and that of the self-determination of peoples, the republic offers to the overseas territories which have expressed the will to adhere to them new institutions founded on the common ideal of liberty, equality and fraternity and conceived for the purpose of their democratic development. article 1 france shall be an indivisible, secular, democratic and social republic. it shall ensure the equality of all citizens before the law, without distinction of origin, race or religion. it shall respect all beliefs. it shall be organised on a decentralized basis. statutes shall promote equal access by women and men to elective offices and posts as well as to position of professional and social responsibility. title i. on sovereignty article 2 the language of the republic shall be french. the national emblem shall be the blue, white and red tricolour flag. the national anthem shall be la marseillaise. the maxim of the republic shall be "liberty, equality, fraternity". the principle of the republic shall be: government of the people, by the people and for the people. article 3 national sovereignty shall vest in the people, who shall exercise it through their representatives and by means of referendum. no section of the people nor any individual may arrogate to itself, or to himself, the exercise thereof. suffrage may be direct or indirect as provided for by the constitution. it shall always be universal, equal and secret. all french citizens of either sex who have reached their majority and are in possession of their civil and political rights may vote as provided for by statute. article 4 political parties and groups shall contribute to the exercise of suffrage. they shall be formed and carry on their activities freely. they shall respect the principles of national sovereignty and democracy. they shall contribute to the implementation of the principle set out in the second paragraph of article 1 as provided for by statute. statutes shall guarantee the expression of diverse opinions and the equitable participation of political parties and groups in the democratic life of the nation. title ii. the president of the republic article 5 the president of the republic shall ensure due respect for the constitution. he shall ensure, by his arbitration, the proper functioning of the public authorities and the continuity of the state. he shall be the guarantor of national independence, territorial integrity and due respect for treaties. article 6. the president of the republic shall be elected for a term of five years by direct universal suffrage. no one may hold office for more than two consecutive terms. the manner of implementation of this article shall be determined by an institutional act. article 7 the president of the republic shall be elected by an absolute majority of votes cast. if such a majority is not obtained on the first ballot, a second ballot shall take place on the fourteenth day thereafter. only the two candidates polling the greatest number of votes in the first ballot, after any withdrawal of better placed candidates, may stand in the second ballot. the process of electing a president shall commence by the calling of said election by the government. the election of the new president shall be held no fewer than twenty days and no more than thirty-five days before the expiry of the term of the president in office. should the presidency of the republic fall vacant for any reason whatsoever, or should the constitutional council on a referral from the government rule by an absolute majority of its members that the president of the republic is incapacitated, the duties of the president of the republic, with the exception of those specified in articles 11 and 12, shall be temporarily exercised by the president of the senate or, if the latter is in turn incapacitated, by the government. in the case of a vacancy, or where the incapacity of the president is declared to be permanent by the constitutional council, elections for the new president shall, except in the event of a finding by the constitutional council of force majeure, be held no fewer than twenty days and no more than thirty-five days after the beginning of the vacancy or the declaration of permanent incapacity. in the event of the death or incapacitation in the seven days preceding the deadline for registering candidacies of any of the persons who, fewer than thirty days prior to such deadline, have publicly announced their decision to stand for election, the constitutional council may decide to postpone the election. if, before the first round of voting, any of the candidates dies or becomes incapacitated, the constitutional council shall declare the election to be postponed. in the event of the death or incapacitation of either of the two candidates in the lead after the first round of voting before any withdrawals, the constitutional council shall declare that the electoral process must be repeated in full; the same shall apply in the event of the death or incapacitation of either of the two candidates still standing on the second round of voting. all cases shall be referred to the constitutional council in the manner laid down in the second paragraph of article 61 or in that laid down for the registration of candidates in the institutional act provided for in article 6. the constitutional council may extend the time limits set in paragraphs three and five above, provided that polling takes place no later than thirty-five days after the decision of the constitutional council. if the implementation of the provisions of this paragraph results in the postponement of the election beyond the expiry of the term of the president in office, the latter shall remain in office until his successor is proclaimed. neither articles 49 and 50 nor article 89 of the constitution shall be implemented during the vacancy of the presidency of the republic or during the period between the declaration of the permanent incapacity of the president of the republic and the election of his successor. article 8 the president of the republic shall appoint the prime minister. he shall terminate the appointment of the prime minister when the latter tenders the resignation of the government. on the recommendation of the prime minister, he shall appoint the other members of the government and terminate their appointments. article 9 the president of the republic shall preside over the council of ministers. article 10 the president of the republic shall promulgate acts of parliament within fifteen days following the final passage of an act and its transmission to the government. he may, before the expiry of this time limit, ask parliament to reopen debate on the act or any sections thereof. such reopening of debate shall not be refused. article 11 the president of the republic may, on a recommendation from the government when parliament is in session, or on a joint motion of the two houses, published in the journal officiel, submit to a referendum any government bill which deals with the organization of the public authorities, or with reforms relating to the economic or social policy of the nation, and to the public services contributing thereto, or which provides for authorization to ratify a treaty which, although not contrary to the constitution, would affect the functioning of the institutions. where the referendum is held on the recommendation of the government, the latter shall make a statement before each house and the same shall be followed by a debate. a referendum concerning a subject mentioned in the first paragraph may be held upon the initiative of one fifth of the members of parliament, supported by one tenth of the voters enrolled on the electoral register. this initiative shall take the form of a private member's bill and shall not be applied to the repeal of a statutory provision promulgated for less than one year. the conditions by which it is introduced and those according to which the constitutional council monitors the respect of the provisions of the previous paragraph, are set down by an institutional act. if the private member's bill has not been considered by the two houses within a period set by the institutional act, the president of the republic shall submit it to a referendum. where the decision of the french people in the referendum is not favourable to the private member's bill, no new referendum proposal on the same subject may be submitted before the end of a period of two years following the date of the vote. where the outcome of the referendum is favourable to the government bill or to the private member's bill, the president of the republic shall promulgate the resulting statute within fifteen days following the proclamation of the results of the vote. article 12 the president of the republic may, after consulting the prime minister and the presidents of the houses of parliament, declare the national assembly dissolved. a general election shall take place no fewer than twenty days and no more than forty days after the dissolution. the national assembly shall sit as of right on the second thursday following its election. should this sitting fall outside the period prescribed for the ordinary session, a session shall be convened by right for a fifteen-day period. no further dissolution shall take place within a year following said election. article 13 the president of the republic shall sign the ordinances and decrees deliberated upon in the council of ministers. he shall make appointments to the civil and military posts of the state. conseillers d’état, the grand chancelier de la legion d'honneur, ambassadors and envoys extraordinary, conseillers maîtres of the cour des comptes, prefects, state representatives in the overseas communities to which article 74 applies and in new caledonia, highest-ranking military officers, recteurs des academies and directors of central government departments shall be appointed in the council of ministers. an institutional act shall determine the other posts to be filled at meetings of the council of ministers and the manner in which the power of the president of the republic to make appointments may be delegated by him to be exercised on his behalf. an institutional act shall determine the posts or positions, other than those mentioned in the third paragraph, concerning which, on account of their importance in the guaranteeing of the rights and freedoms or the economic and social life of the nation, the power of appointment vested in the president of the republic shall be exercised after public consultation with the relevant standing committee in each house. the president of the republic shall not make an appointment when the sum of the negative votes in each committee represents at least three fifths of the votes cast by the two committees. statutes shall determine the relevant standing committees according to the posts or positions concerned. article 14 the president of the republic shall accredit ambassadors and envoys extraordinary to foreign powers; foreign ambassadors and envoys extraordinary shall be accredited to him. article 15 the president of the republic shall be commander-in-chief of the armed forces. he shall preside over the higher national defence councils and committees. article 16 where the institutions of the republic, the independence of the nation, the integrity of its territory or the fulfillment of its international commitments are under serious and immediate threat, and where the proper functioning of the constitutional public authorities is interrupted, the president of the republic shall take measures required by these circumstances, after formally consulting the prime minister, the presidents of the houses of parliament and the constitutional council. he shall address the nation and inform it of such measures. the measures shall be designed to provide the constitutional public authorities as swiftly as possible, with the means to carry out their duties. the constitutional council shall be consulted with regard to such measures. parliament shall sit as of right. the national assembly shall not be dissolved during the exercise of such emergency powers. after thirty days of the exercise of such emergency powers, the matter may be referred to the constitutional council by the president of the national assembly, the president of the senate, sixty members of the national assembly or sixty senators, so as to decide if the conditions laid down in paragraph one still apply. the council shall make its decision publicly as soon as possible. it shall, as of right, carry out such an examination and shall make its decision in the same manner after sixty days of the exercise of emergency powers or at any moment thereafter. article 17 the president of the republic is vested with the power to grant individual pardons. article 18 the president of the republic shall communicate with the two houses of parliament by messages which he shall cause to be read aloud and which shall not give rise to any debate. he may take the floor before parliament convened in congress for this purpose. his statement may give rise, in his absence, to a debate without vote. when not in session, the houses of parliament shall be convened especially for this purpose. article 19 instruments of the president of the republic, other than those provided for under articles 8 (paragraph one), 11, 12, 16, 18, 54, 56 and 61, shall be countersigned by the prime minister and, where required, by the ministers concerned. title iii. the government article 20 the government shall determine and conduct the policy of the nation. it shall have at its disposal the civil service and the armed forces. it shall be accountable to parliament in accordance with the terms and procedures set out in articles 49 and 50. article 21 the prime minister shall direct the actions of the government. he shall be responsible for national defence. he shall ensure the implementation of legislation. subject to article 13, he shall have power to make regulations and shall make appointments to civil and military posts. he may delegate certain of his powers to ministers. he shall deputize, if the case arises, for the president of the republic as chairman of the councils and committees referred to in article 15. he may, in exceptional cases, deputize for him as chairman of a meeting of the council of ministers by virtue of an express delegation of powers for a specific agenda. article 22 instruments of the prime minister shall be countersigned, where required, by the ministers responsible for their implementation. article 23 membership of the government shall be incompatible with the holding of any parliamentary office, any position of professional representation at national level, any public employment or any professional activity. an institutional act shall determine the manner in which the holders of such offices, positions or employment shall be replaced. the replacement of members of parliament shall take place in accordance with the provisions of article 25. title iv. parliament article 24 parliament shall pass statutes. it shall monitor the action of the government. it shall assess public policies. it shall comprise the national assembly and the senate. members of the national assembly, whose number shall not exceed five hundred and seventy-seven, shall be elected by direct suffrage. the senate, whose members shall not exceed three hundred and forty-eight, shall be elected by indirect suffrage. the senate shall ensure the representation of the territorial communities of the republic. french nationals living abroad shall be represented in the national assembly and in the senate. article 25 an institutional act shall determine the term for which each house is elected, the number of its members, their allowances, the conditions of eligibility and the terms of disqualification and of incompatibility with membership. it shall likewise determine the manner of election of those persons called upon to replace members of the national assembly or senators whose seats have become vacant, until the general or partial renewal by election of the house in which they sat, or have been temporarily replaced on account of having accepted a position in government. an independent commission, whose composition and rules of organization and operation shall be set down by statute, shall publicly express an opinion on the government and private members' bills defining the constituencies for the election of members of the national assembly, or modifying the distribution of the seats of members of the national assembly or of senators. article 26 no member of parliament shall be prosecuted, investigated, arrested, detained or tried in respect of opinions expressed or votes cast in the performance of his official duties. no member of parliament shall be arrested for a serious crime or other major offence, nor shall he be subjected to any other custodial or semi-custodial measure, without the authorization of the bureau of the house of which he is a member. such authorization shall not be required in the case of a serious crime or other major offence committed flagrante delicto or when a conviction has become final. the detention, subjecting to custodial or semi-custodial measures, or prosecution of a member of parliament shall be suspended for the duration of the session if the house of which he is a member so requires. the house concerned shall meet as of right for additional sittings in order to permit the application of the foregoing paragraph should circumstances so require. article 27 no member shall be elected with any binding mandate. members' right to vote shall be exercised in person. an institutional act may, in exceptional cases, authorize voting by proxy. in that event, no member shall be given more than one proxy. article 28 parliament shall sit as of right in one ordinary session which shall start on the first working day of october and shall end on the last working day of june. the number of days for which each house may sit during the ordinary session shall not exceed one hundred and twenty. the number of sitting weeks shall be determined by each house. the prime minister, after consulting the president of the house concerned or the majority of the members of each house may decide that said house shall meet for additional sitting days. the days and hours of sittings shall be determined by the rules of procedure of each house. article 29 parliament shall meet in extraordinary session, at the request of the prime minister or of the majority of the members of the national assembly, to debate a specific agenda. where an extraordinary session is held at the request of members of the national assembly, this session shall be closed by decree once all the items on the agenda for which parliament was convened have been dealt with, or not later than twelve days after its first sitting, whichever shall be the earlier. the prime minister alone may request a new session before the end of the month following the decree closing an extraordinary session. article 30 except where parliament sits as of right, extraordinary sessions shall be opened and closed by a decree of the president of the republic. article 31 members of the government shall have access to both houses. they shall address either house whenever they so request. they may be assisted by commissaires du government. article 32 the president of the national assembly shall be elected for the life of a parliament. the president of the senate shall be elected each time elections are held for partial renewal of the senate. article 33 the sittings of the two houses shall be public. a verbatim report of the debates shall be published in the journal officiel. each house may sit in camera at the request of the prime minister or of one tenth of its members. title v. on relations between parliament and the government article 34 statutes shall determine the rules concerning: civic rights and the fundamental guarantees granted to citizens for the exercise of their civil liberties; freedom, diversity and the independence of the media; the obligations imposed for the purposes of national defence upon the person and property of citizens; nationality, the status and capacity of persons, matrimonial property systems, inheritance and gifts; the determination of serious crimes and other major offences and the penalties they carry; criminal procedure; amnesty; the setting up of new categories of courts and the status of members of the judiciary; the base, rates and methods of collection of all types of taxes; the issuing of currency. statutes shall also determine the rules governing: the system for electing members of the houses of parliament, local assemblies and the representative bodies for french nationals living abroad, as well as the conditions for holding elective offices and positions for the members of the deliberative assemblies of the territorial communities; the setting up of categories of public legal entities; the fundamental guarantees granted to civil servants and members of the armed forces; nationalization of companies and the transfer of ownership of companies from the public to the private sector. statutes shall also lay down the basic principles of: the general organization of national defence; the self-government of territorial communities, their powers and revenue; education; the preservation of the environment; systems of ownership, property rights and civil and commercial obligations; employment law, trade union law and social security. finance acts shall determine the revenue and expenditure of the state in the conditions and with the reservations provided for by an institutional act. social security financing acts shall lay down the general conditions for the financial equilibrium thereof, and taking into account forecasted revenue, shall determine expenditure targets in the conditions and with the reservations provided for by an institutional act. programming acts shall determine the objectives of the action of the state. the multiannual guidelines for public finances shall be established by programming acts. they shall contribute to achieving the objective of balanced accounts for public administrations. the provisions of this article may be further specified and completed by an institutional act. article 34-1 the houses of parliament may adopt resolutions according to the conditions determined by the institutional act. any draft resolution, whose adoption or rejection would be considered by the government as an issue of confidence, or which contained an injunction to the government, shall be inadmissible and may not be included on the agenda. article 35 a declaration of war shall be authorized by parliament. the government shall inform parliament of its decision to have the armed forces intervene abroad, at the latest three days after the beginning of said intervention. it shall detail the objectives of the said intervention. this information may give rise to a debate, which shall not be followed by a vote. where the said intervention shall exceed four months, the government shall submit the extension to parliament for authorization. it may ask the national assembly to make the final decision. if parliament is not sitting at the end of the four-month period, it shall express its decision at the opening of the following session. article 36 a state of siege shall be decreed in the council of ministers. the extension thereof after a period of twelve days may be authorized solely by parliament. article 37 matters other than those coming under the scope of statute law shall be matters for regulation. provisions of statutory origin enacted in such matters may be amended by decree issued after consultation with the conseil d’état. any such provisions passed after the coming into force of the constitution shall be amended by decree only if the constitutional council has found that they are matters for regulation as defined in the foregoing paragraph. article 37-1 statutes and regulations may contain provisions enacted on an experimental basis for limited purposes and duration. article 38 in order to implement its programme, the government may ask parliament for authorization, for a limited period, to take measures by ordinance that are normally the preserve of statute law. ordinances shall be issued in the council of ministers, after consultation with the conseil d’état. they shall come into force upon publication, but shall lapse in the event of failure to table before parliament the bill to ratify them by the date set by the enabling act. they may only be ratified in explicit terms. at the end of the period referred to in the first paragraph hereinabove ordinances may be amended solely by an act of parliament in those areas governed by statute law. article 39 both the prime minister and members of parliament shall have the right to initiate legislation. government bills shall be discussed in the council of ministers after consultation with the conseil d’état and shall be tabled in one or other of the two houses. finance bills and social security financing bills shall be tabled first before the national assembly. without prejudice to the first paragraph of article 44, bills primarily dealing with the organization of territorial communities shall be tabled first in the senate. the tabling of government bills before the national assembly or the senate, shall comply with the conditions determined by an institutional act. government bills may not be included on the agenda if the conference of presidents of the first house to which the bill has been referred, declares that the rules determined by the institutional act have not been complied with. in the case of disagreement between the conference of presidents and the government, the president of the relevant house or the prime minister may refer the matter to the constitutional council, which shall rule within a period of eight days. within the conditions provided for by statute, the president of either house may submit a private member's bill tabled by a member of the said house, before it is considered in committee, to the conseil d’état for its opinion, unless the member who tabled it disagrees. article 40 private members' bills and amendments introduced by members of parliament shall not be admissible where their enactment would result in either a diminution of public revenue or the creation or increase of any public expenditure. article 41 if, during the legislative process, it appears that a private member's bill or amendment is not a matter for statute or is contrary to a delegation granted under article 38, the government or the president of the house concerned, may argue that it is inadmissible. in the event of disagreement between the government and the president of the house concerned, the constitutional council, at the request of one or the other, shall give its ruling within eight days. article 42 the discussion of government and private members' bills shall, in plenary sitting, concern the text passed by the committee to which the bill has been referred, in accordance with article 43, or failing that, the text which has been referred to the house. notwithstanding the foregoing, the plenary discussion of constitutional revision bills, finance bills and social security financing bills, shall concern, during the first reading before the house to which the bill has been referred in the first instance, the text presented by the government, and during the subsequent readings, the text transmitted by the other house. the plenary discussion at first reading of a government or private members' bill may only occur before the first house to which it is referred, at the end of a period of six weeks after it has been tabled. it may only occur, before the second house to which it is referred, at the end of a period of four weeks, from the date of transmission. the previous paragraph shall not apply if the accelerated procedure has been implemented according to the conditions provided for in article 45. neither shall it apply to finance bills, social security financing bills, or to bills concerning a state of emergency. article 43 government and private members' bills shall be referred to one of the standing committees, the number of which shall not exceed eight in each house. at the request of the government or of the house before which such a bill has been tabled, government and private members' bills shall be referred for consideration to a committee specially set up for this purpose. article 44 members of parliament and the government shall have the right of amendment. this right may be used in plenary sitting or in committee under the conditions set down by the rules of procedure of the houses, according to the framework determined by an institutional act. once debate has begun, the government may object to the consideration of any amendment which has not previously been referred to committee. if the government so requests, the house before which the bill is tabled shall proceed to a single vote on all or part of the text under debate, on the sole basis of the amendments proposed or accepted by the government. article 45 every government or private member's bill shall be considered successively in the two houses of parliament with a view to the passing of an identical text. without prejudice to the application of articles 40 and 41, all amendments which have a link, even an indirect one, with the text that was tabled or transmitted, shall be admissible on first reading. if, as a result of a failure to agree by the two houses, it has proved impossible to pass a government or private member's bill after two readings by each house or, if the government has decided to apply the accelerated procedure without the two conferences of presidents being jointly opposed, after a single reading of such a bill by each house, the prime minister, or in the case of a private members' bill, the presidents of the two houses acting jointly, may convene a joint committee, composed of an equal number of members from each house, to propose a text on the provisions still under debate. the text drafted by the joint committee may be submitted by the government to both houses for approval. no amendment shall be admissible without the consent of the government. if the joint committee fails to agree on a common text, or if the text is not passed as provided in the foregoing paragraph, the government may, after a further reading by the national assembly and by the senate, ask the national assembly to reach a final decision. in such an event, the national assembly may reconsider either the text drafted by the joint committee, or the last text passed by itself, as modified, as the case may be, by any amendment(s) passed by the senate. article 46 acts of parliament which are defined by the constitution as being institutional acts shall be enacted and amended as provided for hereinafter. the government or private member's bill may only be submitted, on first reading, to the consideration and vote of the houses after the expiry of the periods set down in the third paragraph of article 42. notwithstanding the foregoing, if the accelerated procedure has been applied according to the conditions provided for in article 45, the government or private member's bill may not be submitted for consideration by the first house to which it is referred before the expiry of a fifteen-day period after it has been tabled. the procedure set out in article 45 shall apply. nevertheless, failing agreement between the two houses, the text may be passed by the national assembly on a final reading only by an absolute majority of the members thereof. institutional acts relating to the senate must be passed in identical terns by the two houses. institutional acts shall not be promulgated until the constitutional council has declared their conformity with the constitution. article 47 parliament shall pass finance bills in the manner provided for by an institutional act. should the national assembly fail to reach a decision on first reading within forty days following the tabling of a bill, the government shall refer the bill to the senate, which shall make its decision known within fifteen days. the procedure set out in article 45 shall then apply. should parliament fail to reach a decision within seventy days, the provisions of the bill may be brought into force by ordinance. should the finance bill setting out revenue and expenditure for a financial year not be tabled in time for promulgation before the beginning of that year, the government shall as a matter of urgency ask parliament for authorization to collect taxes and shall make available by decree the funds needed to meet commitments already voted for. the time limits set by this article shall be suspended when parliament is not in session. article 47-1 parliament shall pass social security financing bills in the manner provided by an institutional act. should the national assembly fail to reach a decision on first reading within twenty days of the tabling of a bill, the government shall refer the bill to the senate, which shall make its decision known within fifteen days. the procedure set out in article 45 shall then apply. should parliament fail to reach a decision within fifty days, the provisions of the bill may be implemented by ordinance. the time limits set by this article shall be suspended when parliament is not in session and, as regards each house, during the weeks when it has decided not to sit in accordance with the second paragraph of article 28. article 47-2 the cour des comptes shall assist parliament in monitoring government action. it shall assist parliament and the government in monitoring the implementation of finance acts and social security financing acts, as well in assessing public policies. by means of its public reports, it shall contribute to informing citizens. the accounts of public administrations shall be lawful and faithful. they shall provide a true and fair view of the result of the management, assets and financial situation of the said public administrations. article 48 without prejudice to the application of the last three paragraphs of article 28, the agenda shall be determined by each house. during two weeks of sittings out of four, priority shall be given, in the order determined by the government, to the consideration of texts and to debates which it requests to be included on the agenda. in addition, the consideration of finance bills, social security financing bills and, subject to the provisions of the following paragraph, texts transmitted by the other house at least six weeks previously, as well as bills concerning a state of emergency and requests for authorization referred to in article 35, shall, upon government request, be included on the agenda with priority. during one week of sittings out of four, priority shall be given, in the order determined by each house, to the monitoring of government action and to the assessment of public policies. one day of sitting per month shall be given over to an agenda determined by each house upon the initiative of the opposition groups in the relevant house, as well as upon that of the minority groups. during at least one sitting per week, including during the extraordinary sittings provided for in article 29, priority shall be given to questions from members of parliament and to answers from the government. article 49 the prime minister, after deliberation by the council of ministers, may make the government's programme or possibly a general policy statement an issue of a vote of confidence before the national assembly. the national assembly may call the government to account by passing a resolution of no-confidence. such a resolution shall not be admissible unless it is signed by at least one tenth of the members of the national assembly. voting may not take place within forty-eight hours after the resolution has been tabled. solely votes cast in favour of the no-confidence resolution shall be counted and the latter shall not be passed unless it secures a majority of the members of the house. except as provided for in the following paragraph, no member shall sign more than three resolutions of no-confidence during a single ordinary session and no more than one during a single extraordinary session. the prime minister may, after deliberation by the council of ministers, make the passing of a finance bill or social security financing bill an issue of a vote of confidence before the national assembly. in that event, the bill shall be considered passed unless a resolution of no-confidence, tabled within the subsequent twenty-four hours, is carried as provided for in the foregoing paragraph. in addition, the prime minister may use the said procedure for one other government or private members' bill per session. the prime minister may ask the senate to approve a statement of general policy. article 50 when the national assembly passes a resolution of no-confidence, or when it fails to endorse the government programme or general policy statement, the prime minister shall tender the resignation of the government to the president of the republic. article 50-1 the government may, before either house, upon its own initiative or upon the request of a parliamentary group, as set down in article 51 1, make a declaration on a given subject, which leads to a debate and, if it so desires, gives rise to a vote, without making it an issue of confidence. article 51 the closing of ordinary or extraordinary sessions shall be automatically postponed in order to permit the application of article 49, if the case arises. additional sittings shall be held automatically for the same purpose. article 51-1 the rules of procedure of each house shall determine the rights of the parliamentary groups set up within it. they shall recognize that opposition groups in the house concerned, as well as minority groups, have specific rights. article 51-2 in order to implement the monitoring and assessment missions laid down in the first paragraph of article 24, committees of inquiry may be set up within each house to gather information, according to the conditions provided for by statute. statutes shall determine their rules of organization and operation. the conditions for their establishment shall be determined by the rules of procedure of each house. title vi. on treaties and international agreements article 52 the president of the republic shall negotiate and ratify treaties. he shall be informed of any negotiations for the conclusion of an international agreement not subject to ratification. article 53 peace treaties, trade agreements, treaties or agreements relating to international organization, those committing the finances of the state, those modifying provisions which are the preserve of statute law, those relating to the status of persons, and those involving the ceding, exchanging or acquiring of territory, may be ratified or approved only by an act of parliament. they shall not take effect until such ratification or approval has been secured. no ceding, exchanging or acquiring of territory shall be valid without the consent of the population concerned. article 53-1 the republic may enter into agreements with european states which are bound by undertakings identical with its own in matters of asylum and the protection of human rights and fundamental freedoms, for the purpose of determining their respective jurisdiction as regards requests for asylum submitted to them. however, even if the request does not fall within their jurisdiction under the terms of such agreements, the authorities of the republic shall remain empowered to grant asylum to any foreigner who is persecuted for his action in pursuit of freedom or who seeks the protection of france on other grounds. article 53-2 the republic may recognize the jurisdiction of the international criminal court as provided for by the treaty signed on 18 july 1998. article 54 if the constitutional council, on a referral from the president of the republic, from the prime minister, from the president of one or the other houses, or from sixty members of the national assembly or sixty senators, has held that an international undertaking contains a clause contrary to the constitution, authorization to ratify or approve the international undertaking involved may be given only after amending the constitution. article 55 treaties or agreements duly ratified or approved shall, upon publication, prevail over acts of parliament, subject, with respect to each agreement or treaty, to its application by the other party. title vii. the constitutional council article 56 the constitutional council shall comprise nine members, each of whom shall hold office for a non-renewable term of nine years. one third of the membership of the constitutional council shall be renewed every three years. three of its members shall be appointed by the president of the republic, three by the president of the national assembly and three by the president of the senate. the procedure provided for in the last paragraph of article 13 shall apply to these appointments. the appointments made by the president of each house shall be submitted for the opinion solely of the relevant standing committee in that house. in addition to the nine members provided for above, former presidents of the republic shall be ex officio life members of the constitutional council. the president shall be appointed by the president of the republic. he shall have a casting vote in the event of a tie. article 57 the office of member of the constitutional council shall be incompatible with that of minister or member of the houses of parliament. other incompatibilities shall be determined by an institutional act. article 58 the constitutional council shall ensure the proper conduct of the election of the president of the republic. it shall examine complaints and shall proclaim the results of the vote. article 59 the constitutional council shall rule on the proper conduct of the election of members of the national assembly and senators in disputed cases. article 60 the constitutional council shall ensure the proper conduct of referendum proceedings as provided for in articles 11 and 89 and in title xv and shall proclaim the results of the referendum. article 61 institutional acts, before their promulgation, private members' bills mentioned in article 11 before they are submitted to referendum, and the rules of procedure of the houses of parliament shall, before coming into force, be referred to the constitutional council, which shall rule on their conformity with the constitution. to the same end, acts of parliament may be referred to the constitutional council, before their promulgation, by the president of the republic, the prime minister, the president of the national assembly, the president of the senate, sixty members of the national assembly or sixty senators. in the cases provided for in the two foregoing paragraphs, the constitutional council must deliver its ruling within one month. however, at the request of the government, in cases of urgency, this period shall be reduced to eight days. in these same cases, referral to the constitutional council shall suspend the time allotted for promulgation. article 61-1 if during proceedings in progress before a court of law, it is claimed that a statutory provision infringes the rights and freedoms guaranteed by the constitution, the matter may be referred by the conseil d’état or by the cour de cassation to the constitutional council, within a determined period. an institutional act shall determine the conditions for the application of the present article. article 62 a provision declared unconstitutional on the basis of article 61 shall be neither promulgated nor implemented. a provision declared unconstitutional on the basis of article 61-1 shall be repealed as of the publication of the said decision of the constitutional council or as of a subsequent date determined by said decision. the constitutional council shall determine the conditions and the limits according to which the effects produced by the provision shall be liable to challenge. no appeal shall lie from the decisions of the constitutional council. they shall be binding on public authorities and on all administrative authorities and all courts. article 63 an institutional act shall determine the rules of organization and operation of the constitutional council, the procedure to be followed before it and, in particular, the time limits allotted for referring disputes to it. title viii. on judicial authority article 64 the president of the republic shall be the guarantor of the independence of the judicial authority. he shall be assisted by the high council of the judiciary. an institutional act shall determine the status of members of the judiciary. judges shall be irremovable from office. article 65 the high council of the judiciary shall consist of a section with jurisdiction over judges and a section with jurisdiction over public prosecutors. the section with jurisdiction over judges shall be presided over by the chief president of the cour de cassation. it shall comprise, in addition, five judges and one public prosecutor, one conseiller d’état appointed by the conseil d’état and one practicing lawyer, as well as six qualified, prominent citizens who are not members of parliament, of the judiciary or of the administration. the president of the republic, the president of the national assembly and the president of the senate shall each appoint two qualified, prominent citizens. the procedure provided for in the last paragraph of article 13 shall be applied to the appointments of the qualified, prominent citizens. the appointments made by the president of each house of parliament shall be submitted for the sole opinion of the relevant standing committee in that house. the section with jurisdiction over public prosecutors shall be presided over by the chief public prosecutor at the cour de cassation. it shall comprise, in addition, five public prosecutors and one judge, as well as the conseiller d’état and the practicing lawyer, together with the six qualified, prominent citizens referred to in the second paragraph. the section of the high council of the judiciary with jurisdiction over judges shall make recommendations for the appointment of judges to the cour de cassation, the chief presidents of courts of appeal and the presidents of the tribunaux de grande instance. other judges shall be appointed after consultation with this section. the section of the high council of the judiciary with jurisdiction over public prosecutors shall give its opinion on the appointment of public prosecutors. the section of the high council of the judiciary with jurisdiction over judges shall act as disciplinary tribunal for judges. when acting in such capacity, in addition to the members mentioned in the second paragraph, it shall comprise the judge belonging to the section with jurisdiction over public prosecutors. the section of the high council of the judiciary with jurisdiction over public prosecutors shall give its opinion on disciplinary measures regarding public prosecutors. when acting in such capacity, it shall comprise, in addition to the members mentioned in paragraph three, the public prosecutor belonging to the section with jurisdiction over judges. the high council of the judiciary shall meet in plenary section to reply to the requests for opinions made by the president of the republic in application of article 64. it shall also express its opinion in plenary section, on questions concerning the deontology of judges or on any question concerning the operation of justice which is referred to it by the minister of justice. the plenary section comprises three of the five judges mentioned in the second paragraph, three of the five prosecutors mentioned in the third paragraph as well as the conseiller d’état, the practicing lawyer and the six qualified, prominent citizens referred to in the second paragraph. it is presided over by the chief president of the cour de cassation who may be substituted by the chief public prosecutor of this court. the minister of justice may participate in all the sittings of the sections of the high council of the judiciary except those concerning disciplinary matters. according to the conditions determined by an institutional act, a referral may be made to the high council of the judiciary by a person awaiting trial. the institutional act shall determine the manner in which this article is to be implemented. article 66 no one shall be arbitrarily detained. the judicial authority, guardian of the freedom of the individual, shall ensure compliance with this principle in the conditions laid down by statute. article 66-1 no one shall be sentenced to death. title ix. the high court article 67 the president of the republic shall incur no liability by reason of acts carried out in his official capacity, subject to the provisions of articles 53-2 and 68 hereof. throughout his term of office the president shall not be required to testify before any french court of law or administrative authority and shall not be the object of any civil proceedings, nor of any preferring of charges, prosecution or investigatory measures. all limitation periods shall be suspended for the duration of said tern of office. all actions and proceedings thus stayed may be reactivated or brought against the president one month after the end of his term of office. article 68 the president of the republic shall not be removed from office during the term thereof on any grounds other than a breach of his duties patently incompatible with his continuing in office. such removal from office shall be proclaimed by parliament sitting as the high court. the proposal to convene the high court adopted by one or other of the houses of parliament shall be immediately transmitted to the other house which shall make its decision known within fifteen days of receipt thereof. the high court shall be presided over by the president of the national assembly. it shall give its ruling as to the removal from office of the president, by secret ballot, within one month. its decision shall have immediate effect. rulings given hereunder shall require a majority of two thirds of the members of the house involved or of the high court. no proxy voting shall be allowed. only votes in favour of the removal from office or the convening of the high court shall be counted. an institutional act shall determine the conditions for the application hereof. title x. on the criminal liability of the government article 68-1 members of the government shall be criminally liable for acts performed in the holding of their office and classified as serious crimes or other major offences at the time they were committed. they shall be tried by the court of justice of the republic. the court of justice of the republic shall be bound by such definition of serious crimes and other major offences and such determination of penalties as are laid down by statute. article 68-2 the court of justice of the republic shall consist of fifteen members: twelve members of parliament, elected in equal number from among their ranks by the national assembly and the senate after each general or partial renewal by election of these houses, and three judges of the cour de cassation, one of whom shall preside over the court of justice of the republic. any person claiming to be a victim of a serious crime or other major offence committed by a member of the government in the holding of his office may lodge a complaint with a petitions committee. this committee shall order the case to be either closed or forwarded to the chief public prosecutor at the cour de cassation for referral to the court of justice of the republic. the chief public prosecutor at the cour de cassation may also make a referral ex officio to the court of justice of the republic with the assent of the petitions committee. an institutional act shall determine the manner in which this article is to be implemented. article 68-3 the provisions of this title shall apply to acts committed before its entry into force. title xi. the economic, social and environmental council article 69 the economic, social and environmental council, on a referral from the government, shall give its opinion on such government bills, draft ordinances, draft decrees, and private members’ bills as have been submitted to it. a member of the economic, social and environmental council may be designated by the council to present, to the houses of parliament, the opinion of the council on such drafts, government or private members’ bills as have been submitted to it. a referral may be made to the economic, social and environmental council by petition, in the manner determined by an institutional act. after consideration of the petition, it shall inform the government and parliament of the pursuant action it proposes. article 70 the economic, social and environmental council may also be consulted by the government or parliament on any economic, social or environmental issue. the government may also consult it on programming bills setting down the multiannual guidelines for public finances. any plan or programming bill of an economic, social or environmental nature shall be submitted to it for its opinion. article 71 the composition of the economic, social and environmental council, which shall not exceed two hundred and thirty-three members, and its rules of proceeding shall be determined by an institutional act. title xi-a. the defender of rights article 71-1 the defender of rights shall ensure the due respect of rights and freedoms by state administrations, territorial communities, public legal entities, as well as by all bodies carrying out a public service mission or by those that the institutional act decides fall within his remit. referral may be made to the defender of rights, in the manner determined by an institutional act, by every person who considers his rights to have been infringed by the operation of a public service or of a body mentioned in the first paragraph. he may act without referral. the institutional act shall set down the mechanisms for action and the powers of the defender of rights. it shall determine the manner in which he may be assisted by third parties in the exercise of certain of his powers. the defender of rights shall be appointed by the president of the republic for a six-year, non-renewable term, after the application of the procedure provided for in the last paragraph of article 13. this position is incompatible with membership of the government or membership of parliament. other incompatibilities shall be determined by the institutional act. the defender of rights is accountable for his actions to the president of the republic and to parliament. title xii. on territorial communities article 72 the territorial communities of the republic shall be the communes, the departments, the regions, the special-status communities and the overseas territorial communities to which article 74 applies. any other territorial community created, if need be, to replace one or more communities provided for by this paragraph shall be created by statute. territorial communities may take decisions in all matters arising under powers that can best be exercised at their level. in the conditions provided for by statute, these communities shall be self-governing through elected councils and shall have power to make regulations for matters coming within their jurisdiction. in the manner provided for by an institutional act, except where the essential conditions for the exercise of public freedoms or of a right guaranteed by the constitution are affected, territorial communities or associations thereof may, where provision is made by statute or regulation, as the case may be, derogate on an experimental basis for limited purposes and duration from provisions laid down by statute or regulation governing the exercise of their powers. no territorial community may exercise authority over another. however, where the exercising of a power requires the combined action of several territorial communities, one of those communities or one of their associations may be authorized by statute to organize such combined action. in the territorial communities of the republic, the state representative, representing each of the members of the government, shall be responsible for national interests, administrative supervision and compliance with the law. article 72-1 the conditions in which voters in each territorial community may use their right of petition to ask for a matter within the powers of the community to be entered on the agenda of its deliberative assembly shall be determined by statute. in the conditions determined by an institutional act, draft decisions or acts within the powers of a territorial community may, on the initiative of the latter, be submitted for a decision by voters of said community by means of a referendum. when the creation of a special-status territorial community or modification of its organization are contemplated, a decision may be taken by statute to consult the voters registered in the relevant communities. voters may also be consulted on changes to the boundaries of territorial communities in the conditions determined by statute. article 72-2 territorial communities shall enjoy revenue of which they may dispose freely in the conditions determined by statute. they may receive all or part of the proceeds of taxes of all kinds. they may be authorized by statute to determine the basis of assessment and the rates thereof, within the limits set by such statutes. tax revenue and other own revenue of territorial communities shall, for each category of territorial community, represent a decisive share of their revenue. the conditions for the implementation of this rule shall be determined by an institutional act. whenever powers are transferred between central government and the territorial communities, revenue equivalent to that given over to the exercise of those powers shall also be transferred. whenever the effect of newly created or extended powers is to increase the expenditure to be borne by territorial communities, revenue as determined by statute shall be allocated to said communities. equalization mechanisms intended to promote equality between territorial communities shall be provided for by statute. article 72-3 the republic shall recognize the overseas populations within the french people in a common ideal of liberty, equality and fraternity. guadeloupe, guyane, martinique, la reunion, mayotte, saint-barthelemy, saintmartin, saint-pierre-et-miquelon, the wallis and futuna islands and french polynesia shall be governed by article 73 as regards overseas departments and regions and for the territorial communities set up under the final paragraph of article 73, and by article 74 for the other communities. the status of new caledonia shall be governed by title xiii. the legislative system and special organization of the french southern and antarctic territories and clipperton shall be determined by statute. article 72-4 no change of status as provided for by articles 73 and 74 with respect to the whole or part of any one of the communities to which the second paragraph of article 72-3 applies, shall take place without the prior consent of voters in the relevant community or part of a community being sought in the manner provided for by the paragraph below. such change of status shall be made by an institutional act. the president of the republic may, on a recommendation from the government when parliament is in session or on a joint motion of the two houses, published in either case in the journal officiel, decide to consult voters in an overseas territorial community on a question relating to its organization, its powers or its legislative system. where the referendum concerns a change of status as provided for by the foregoing paragraph and is held in response to a recommendation by the government, the government shall make a statement before each house which shall be followed by debate. article 73 in the overseas departments and regions, statutes and regulations shall be automatically applicable. they may be adapted in the light of the specific characteristics and constraints of such communities. those adaptations may be decided on by the communities in areas in which their powers are exercised if the relevant communities have been empowered to that end by statute or by regulation, whichever is the case. by way of derogation from the first paragraph hereof and in order to take account of their specific features, communities to which this article applies may be empowered by statute or by regulation, whichever is the case, to determine themselves the rules applicable in their territory in a limited number of matters that fall to be determined by statute or by regulation. these rules may not concern nationality, civic rights, the guarantees of civil liberties, the status and capacity of persons, the organization of justice, criminal law, criminal procedure, foreign policy, defence, public security and public order, currency, credit and exchange, or electoral law. this list may be clarified and amplified by an institutional act. the two foregoing paragraphs shall not apply in the department and region of la reunion. the powers to be conferred pursuant to the second and third paragraphs hereof shall be determined at the request of the relevant territorial community in the conditions and subject to the reservations provided for by an institutional act. they may not be conferred where the essential conditions for the exercise of civil liberties or of a right guaranteed by the constitution are affected. the setting up by statute of a territorial community to replace an overseas department and region or a single deliberative assembly for the two communities shall not be carried out unless the consent of the voters registered there has first been sought as provided by the second paragraph of article 72-4. article 74 the overseas territorial communities to which this article applies shall have a status reflecting their respective local interests within the republic. this status shall be determined by an institutional act, passed after consultation of the deliberative assembly, which shall specify: the conditions in which statutes and regulations shall apply there; the powers of the territorial community; subject to those already exercised by said community the transfer of central government powers may not involve any of the matters listed in paragraph four of article 73, as specified and completed, if need be, by an institutional act; the rules governing the organization and operation of the institutions of the territorial community and the electoral system for its deliberative assembly; the conditions in which its institutions are consulted on government or private members' bills and draft ordinances or draft decrees containing provisions relating specifically to the community and to the ratification or approval of international undertakings entered into in matters within its powers. the institutional act may also, for such territorial communities as are self-governing, determine the conditions in which: the conseil d’état shall exercise specific judicial review of certain categories of decisions taken by the deliberative assembly in matters which are within the powers vested in it by statute; the deliberative assembly may amend a statute promulgated after the coming into effect of the new status of said territorial community where the constitutional council, acting in particular on a referral from the authorities of the territorial community, has found that statute law has intervened in a field within the powers of said assembly; measures justified by local needs may be taken by the territorial community in favour of its population as regards access to employment, the right of establishment for the exercise of a professional activity or the protection of land; the community may, subject to review by the central government, participate in the exercise of the powers vested in it while showing due respect for the guaranties given throughout national territory for the exercising of civil liberties. the other rules governing the specific organization of the territorial communities to which this article applies shall be determined and amended by statute after consultation with their deliberative assembly. article 74-1 in the overseas territorial communities referred to by article 74 and in new caledonia, the government may, in matters which remain within the power of the state, extend by ordinance, with any necessary adaptations, the statutory provisions applying in mainland france, or adapt the statutory provisions applying, to the specific organization of the community in question, provided statute law has not expressly excluded the use of this procedure for the provisions involved. such ordinances shall be issued in the council of ministers after receiving the opinion of the relevant deliberative assemblies and the conseil d’état. they shall come into force upon publication. they shall lapse if they are not ratified by parliament within eighteen months of their publication. article 75 citizens of the republic who do not have ordinary civil status, the sole status referred to in article 34, shall retain their personal status until such time as they have renounced the sane. article 75-1 regional languages are part of france's heritage. title xiii. transitional provisions pertaining to new caledonia article 76 the population of new caledonia is called upon to vote by 31 december, 1998 on the provisions of the agreement signed at nouméa on 5 may, 1998, published in the journal officiel of the french republic on 27 may, 1998. persons satisfying the requirements laid down in article 2 of act no. 88-1028 of 9 november, 1988 shall be eligible to take part in the vote. the measures required to organize the voting process shall be taken by decree adopted after consultation with the conseil d’état and discussion in the council of ministers. article 77 after approval of the agreement by the vote provided for in article 76, the institutional act passed after consultation with the deliberative assembly of new caledonia shall determine, in order to ensure the development of new caledonia in accordance with the guidelines set out in that agreement and in the manner required for its implementation: those of the state's powers which are to be definitively transferred to the institutions of new caledonia, the applicable time frame and the manner in which said transfer shall be proceeded with, together with the apportionment of expenditure arising in connection therewith; the rules governing the organization and operation of the institutions of new caledonia, in particular the circumstances in which certain kinds of decisions taken by the deliberative assembly of new caledonia may be referred to the constitutional council for review before publication; the rules concerning citizenship, the electoral system, employment, and personal status as laid down by customary law; the conditions and the time limits within which the population concerned in new caledonia is to vote on the attainment of full sovereignty. any other measures required to give effect to the agreement referred to in article 76 shall be determined by statute. for the purpose of defining the body of electors called upon to elect members of the deliberative assemblies of new caledonia and the provinces, the list referred to in the agreement mentioned in article 76 hereof and sections 188 and 189 of institutional act n0 99-209 of march 19, 1999 pertaining to new caledonia is the list drawn up for the ballot provided for in article 76 hereinabove which includes those persons not eligible to vote. articles 78 to 86 (repealed) title xiv. on the french-speaking world and on association agreements article 87 the republic shall participate in the development of solidarity and cooperation between states and peoples having the french language in common. article 88 the republic may enter into agreements with states which wish to associate with it in order to develop their civilizations. title xv. on the european union article 88-1 the republic shall participate in the european union constituted by states which have freely chosen to exercise some of their powers in common by virtue of the treaty on european union and of the treaty on the functioning of the european union, as they result from the treaty signed in lisbon on 13 december, 2007. article 88-2 statutes shall determine the rules relating to the european arrest warrant pursuant to acts adopted by the institutions on the european union. article 88-3 subject to reciprocity and in accordance with the terms of the treaty on european union signed on 7 february 1992, the right to vote and stand as a candidate in municipal elections shall be granted only to citizens of the union residing in france. such citizens shall neither hold the office of mayor or deputy mayor nor participate in the designation of senate electors or in the election of senators. an institutional act passed in identical terms by the two houses shall determine the manner of implementation of this article. article 88-4 the government shall lay before the national assembly and the senate drafts of european legislative acts as well as other drafts of or proposals for acts of the european union as soon as they have been transmitted to the council of the european union. in the manner laid down by the rules of procedure of each house, european resolutions may be passed, even if parliament is not in session, on the drafts or proposals referred to in the preceding paragraph, as well as on any document issuing from a european union institution. a committee in charge of european affairs shall be set up in each of the houses of parliament. article 88-5 any government bill authorizing the ratification of a treaty pertaining to the accession of a state to the european union shall be submitted to referendum by the president of the republic. notwithstanding the foregoing, by passing a motion adopted in identical terms in each house by a three-fifths majority, parliament may authorize the passing of the bill according to the procedure provided for in paragraph three of article 89. article 88-6 the national assembly or the senate may issue a reasoned opinion as to the conformity of a draft proposal for a european act with the principle of subsidiarity. said opinion shall be addressed by the president of the house involved to the presidents of the european parliament, the council of the european union and the european commission. the government shall be informed of said opinion. each house may institute proceedings before the court of justice of the european union against a european act for non-compliance with the principle of subsidiarity. such proceedings shall be referred to the court of justice of the european union by the government. for the purpose of the foregoing, resolutions may be passed, even if parliament is not in session, in the manner set down by the rules of procedure of each house for the tabling and discussion thereof such proceedings shall be obligatory upon the request of sixty members of the national assembly or sixty senators. article 88-7 parliament may, by the passing of a motion in identical terms by the national assembly and the senate, oppose any modification of the rules governing the passing of acts of the european union in cases provided for under the simplified revision procedure for treaties or under judicial cooperation on civil matters, as set forth in the treaty on european union and the treaty on the functioning of the european union, as they result from the treaty signed in lisbon on december 13, 2007. title xvi. on amendments to the constitution article 89 the president of the republic, on the recommendation of the prime minister, and members of parliament alike shall have the right to initiate amendments to the constitution. a government or a private member's bill to amend the constitution must be considered within the time limits set down in the third paragraph of article 42 and be passed by the two houses in identical terms. the amendment shall take effect after approval by referendum. however, a government bill to amend the constitution shall not be submitted to referendum where the president of the republic decides to submit it to parliament convened in congress; the government bill to amend the constitution shall then be approved only if it is passed by a three-fifths majority of the votes cast. the bureau of the congress shall be that of the national assembly. no amendment procedure shall be commenced or continued where the integrity of national territory is placed in jeopardy. the republican form of government shall not be the object of any amendment. title xvii (repealed) declaration of human and civic rights of 26 august 1789 the representatives of the french people, formed into a national assembly, considering ignorance, forgetfulness or contempt of the rights of man to be the only causes of public misfortunes and the corruption of governments, have resolved to set forth, in a solemn declaration, the natural, unalienable and sacred rights of man, to the end that this declaration, constantly present to all members of the body politic, may remind them unceasingly of their rights and their duties; to the end that the acts of the legislative power and those of the executive power, since they may be continually compared with the aim of every political institution, may thereby be the more respected; to the end that the demands of the citizens, founded henceforth on simple and incontestable principles, may always be directed toward the maintenance of the constitution and the happiness of all. in consequence whereof, the national assembly recognises and declares, in the presence and under the auspices of the supreme being, the following rights of man and of the citizen. article 1 men are born and remain free and equal in rights. social distinctions may be based only on considerations of the common good. article 2 the aim of every political association is the preservation of the natural and imprescriptible rights of man. these rights are liberty, property, safety and resistance to oppression. article 3 the principle of any sovereignty lies primarily in the nation. no corporate body, no individual may exercise any authority that does not expressly emanate from it. article 4 liberty consists in being able to do anything that does not harm others: thus, the exercise of the natural rights of every man has no bounds other than those that ensure to the other members of society the enjoyment of these same rights. these bounds may be determined only by law. article 5 the law has the right to forbid only those actions that are injurious to society. nothing that is not forbidden by law may be hindered, and no one may be compelled to do what the law does not ordain. article 6 the law is the expression of the general will. all citizens have the right to take part, personally or through their representatives, in its making. it must be the same for all, whether it protects or punishes. all citizens, being equal in its eyes, shall be equally eligible to all high offices, public positions and employments, according to their ability, and without other distinction than that of their virtues and talents. article 7 no man may be accused, arrested or detained except in the cases determined by the law, and following the procedure that it has prescribed. those who solicit, expedite, carry out, or cause to be carried out arbitrary orders must be punished; but any citizen summoned or apprehended by virtue of the law, must give instant obedience; resistance makes him guilty. article 8 the law must prescribe only the punishments that are strictly and evidently necessary; and no one may be punished except by virtue of a law drawn up and promulgated before the offense is committed, and legally applied. article 9 as every man is presumed innocent until he has been declared guilty, if it should be considered necessary to arrest him, any undue harshness that is not required to secure his person must be severely curbed by law. article 10 no one may be disturbed on account of his opinions, even religious ones, as long as the manifestation of such opinions does not interfere with the established law and order. article 11 the free communication of ideas and of opinions is one of the most precious rights of man. any citizen may therefore speak, write and publish freely, except what is tantamount to the abuse of this liberty in the cases determined by law. article 12 to guarantee the rights of man and of the citizen a public force is necessary; this force is therefore established for the benefit of all, and not for the particular use of those to whom it is entrusted. article 13 for the maintenance of the public force, and for administrative expenses, a general tax is indispensable; it must be equally distributed among all citizens, in proportion to their ability to pay. article 14 all citizens have the right to ascertain, by themselves, or through their repre­sentatives, the need for a public tax, to consent to it freely, to watch over its use, and to determine its proportion, basis, collection and duration. article 15 society has the right to ask a public official for an accounting of his administration. article 16 any society in which no provision is made for guaranteeing rights or for the separation of powers, has no constitution. article 17 since the right to property is inviolable and sacred, no one may be deprived thereof, unless public necessity, legally ascertained, obviously requires it, and just and prior indemnity has been paid. preamble to the constitution of 27 october 1946 in the morrow of the victory achieved by the free peoples over the regimes that had sought to enslave and degrade humanity, the people of france proclaim anew that each human being, without distinction of race, religion or creed, possesses sacred and inalienable rights. they solemnly reaffirm the rights and freedoms of man and the citizen enshrined in the declaration of rights of 1789 and the fundamental principles acknowledged in the laws of the republic. they further proclaim, as being especially necessary to our times, the political, economic and social principles enumerated below: the law guarantees women equal rights to those of men in all spheres. any man persecuted in virtue of his actions in favour of liberty may claim the right of asylum upon the territories of the republic. each person has the duty to work and the right to employment. no person may suffer prejudice in his work or employment by virtue of his origins, opinions or beliefs. all men may defend their rights and interests through union action and may belong to the union of their choice. the right to strike shall be exercised within the framework of the laws governing it. all workers shall, through the intermediary of their representatives, participate in the collective determination of their conditions of work and in the management of the work place. all property and all enterprises that have or that may acquire the character of a public service or de facto monopoly shall become the property of society. the nation shall provide the individual and the family with the conditions necessary to their development. it shall guarantee to all, notably to children, mothers and elderly workers, protection of their health, material security, rest and leisure. all people who, by virtue of their age, physical or mental condition, or economic situation, are incapable of working, shall have to the right to receive suitable means of existence from society. the nation proclaims the solidarity and equality of all french people in bearing the burden resulting from national calamities. the nation guarantees equal access for children and adults to instruction, vocational training and culture. the provision of free, public and secular education at all levels is a duty of the state. the french republic, faithful to its traditions, shall respect the rules of public international law. it shall undertake no war aimed at conquest, nor shall it ever employ force against the freedom of any people. subject to reciprocity, france shall consent to the limitations upon its sovereignty necessary to the organisation and preservation of peace. france shall form with its overseas peoples a union founded upon equal rights and duties, without distinction of race or religion. the french union shall be composed of nations and peoples who agree to pool or coordinate their resources and their efforts in order to develop their respective civilisations, increase their well-being, and ensure their security. faithful to its traditional mission, france desires to guide the peoples under its responsibility towards the freedom to administer themselves and to manage their own affairs democratically; eschewing all systems of colonisation founded upon arbitrary rule, it guarantees to all equal access to public office and the individual or collective exercise of the rights and freedoms proclaimed or confirmed herein. charter for the environment the french people, having considered that natural resources and equilibria have conditioned the emergence of mankind; the future and very existence of mankind are inextricably linked with its natural environment; the environment is the common heritage of all human beings; man exerts ever-increasing influence over the conditions for life and over his own evolution; biological diversity, the fulfillment of the individual and the progress of human societies are affected by certain types of consumption or production and by excessive exploitation of natural resources; the safeguarding of the environment is a goal to be pursued in the same way as the other fundamental interests of the nation; in order to ensure sustainable development, choices designed to meet the needs of the present generation should not jeopardize the ability of future generations and other peoples to meet their own needs, hereby proclaim: each person has the right to live in a balanced environment which shows due respect for health. each person has a duty to participate in preserving and enhancing the environment. each person shall, in the conditions provided for by law, foresee and avoid the occurrence of any damage which he or she may cause to the environment or, failing that, limit the consequences of such damage. each person shall be required, in the conditions provided for by law, to contribute to the making good of any damage he or she may have caused to the environment. when the occurrence of any damage, albeit unpredictable in the current state of scientific knowledge, may seriously and irreversibly harm the environment, public authorities shall, with due respect for the principle of precaution and the areas within their jurisdiction, ensure the implementation of procedures for risk assessment and the adoption of temporary measures commensurate with the risk involved in order to deal with the occurrence of such damage. public policies shall promote sustainable development. to this end they shall reconcile the protection and enhancement of the environment with economic development and social progress. each person has the right, in the conditions and to the extent provided for by law, to have access to any information pertaining to the environment in the possession of public bodies and to participate in the public decision-making process likely to affect the environment. education and training with regard to the environment shall contribute to the exercising of the rights and duties set out in this charter. research and innovation shall contribute to the preservation and development of the environment. this charter shall inspire france's actions at both a european and an international level. preamble we, the congolese people, united by destiny and history encompassing the noble ideas of liberty, of fraternity, of solidarity, of justice, of peace and of work; animated by our common will to build, in the heart of africa, a state of law and a powerful and prosperous nation, founded on a real political, economic, social and cultural democracy; considering that injustice and its corollaries, impunity, nepotism, regionalism, tribalism, clanism and patronage, by their multiple vicissitudes, are at the origin of the general decline of values and of the ruin of the country; affirming our determination to protect and to consolidate the national independence and unity with respect for our diversities and for our positive particularities; reaffirming our adherence and our attachment to the conventions of the united nations on the rights of the child and on the rights of women, particularly to the objective of the parity of man-woman representation within the institutions of the country as well as to the international instruments concerning the protection and promotion of human rights; moved by the will to see all the african states united and working in concert with a view of promoting and of consolidating african unity through the continental, regional or sub-regional organizations to offer better perspectives of development and of socio-economic progress to the peoples of africa; attached to the promotion of mutually advantageous international cooperation and to the rapprochement of the peoples of the world, with respect to their respective identities and to the principles of sovereignty and of the territorial integrity of each state; reaffirming our inalienable and imprescriptible right to organize ourselves freely and to develop our political, economic, social and cultural life, following our own genius; conscious of our responsibilities before god, the nation, africa and the world; solemnly declare to adopt this constitution. title i. of the general provisions chapter 1. of the state and sovereignty section 1. of the state article 1 the democratic republic of the congo is, within its frontiers of 30 june 1960, a state of law, independent, sovereign, united and indivisible, social, democratic and secular. its emblem is the sky-blue flag decorated with a yellow star in the superior left corner and transversed on the bias by a red band finely outlined in yellow. its motto is "justice-paix-travail" [justice-peace-work] its coat of arms consists of the head of a leopard framed on the left and, to the right by, an ivory tusk and by a spear, all of which rest on a pier. the national anthem is "debout congolais!" [arise congolese!] its currency is "le franc congolais" [the congolese franc] its official language is french. the national languages are kikongo, lingala, swahili and tshiluba. the state assures their promotion without discrimination. the other languages of the country are made part of the congolese cultural patrimony of which the state assures the protection. article 2 the democratic republic of the congo is composed of the city of kinshasa and of 25 provinces endowed with juridical personality. these provinces are: bas-uele, equateur, haut-lomami, haut-katanga, haut-uele, ituri, kasai, kasai oriental, kongo central, kwango, kwilu, lomami, lualaba, kisai central, mai-ndombe, maniema, mongala, nord-kivu, nord-ubangi, sankuru, sud kivu, sud ubangi, tanganyika, tshopo, tshuapa. kinshasa is the capital of the country and the seat of the national institutions. it has the status of a province. the capital may only be transferred to another place in the country by way of referendum. the division of competences between the state and the provinces is effected conforming to the provisions of title iii of this constitution. the boundaries of the provinces and those of city of kinshasa are established by an organic law. article 3 the provinces and the decentralized territorial entities of the democratic republic of the congo are endowed with juridical personality and are administered by the local organs. these decentralized territorial entities are the city, the commune, the sector and the chefferie [head man's district] they enjoy free administration autonomy of management of their economic, human, financial and technical resources. the composition, the organization [and] the functioning of these decentralized territorial entities as well as their relations with the state and the provinces are established by an organic law. article 4 new provinces and territorial entities may be created by division or by reorganization under the conditions specified by the constitution and by the law. section 2. of sovereignty article 5 national sovereignty belongs to the people. all power emanates from the people who exercise it directly by way of referendum or [by] elections and indirectly by their representatives. no fraction of the people or any individual may arrogate its exercise. the law establishes the conditions of organization of the elections and of the referendum. suffrage is universal, equal and secret. it is direct or indirect. without prejudice to the provisions of articles 72, 102 and 106 of this constitution, all congolese of both sexes, of eighteen years of age [at least], and enjoying their civil and political rights are electors and eligible, under the conditions determined by the law. article 6 political pluralism is recognized in the democratic republic of the congo. all congolese enjoying their civil and political rights have the right of creating a political party or to affiliate themselves to a political party of their choice. the political parties participate in the expression of suffrage, in the reinforcement of the national conscience and of the civic education. they form and exercise their activities freely with respect for the law, for public order and for morality. the political parties are held to the respect for the principles of pluralist democracy, of national unity and of national sovereignty. the political parties may receive from the state public funds designated to finance their electoral campaigns or their activities, under the conditions defined by the law. article 7 no one may institute, in any form that may be, a sole party on all or part of the national territory. the institution of a sole party constitutes an imprescriptible infraction of high treason punishable by the law. article 8 political opposition is recognized in the democratic republic of the congo. the rights connected to its existence, to its activities and to its struggle for the democratic conquest of power are sacred. they may not be subject to limits other than those imposed on all political parties and activities by this constitution and the law. an organic law establishes the status of the political opposition. article 9 the state exercises a permanent sovereignty notably over the soil, the subsoil, the waters and the forests, over the air, river, lakes and maritime spaces of the congo as well as over the congolese territorial sea and over the continental shelf. the modalities of management and of concession of the domain of the state specified in the preceding paragraph are determined by the law. chapter 2. of nationality article 10 congolese nationality is one and exclusive. it may not be held concurrently with any other. the congolese nationality is either of origin, or by individual acquisition. any person belonging to an ethnic group of which the members [personnes] and the territory are constituent to that which became the congo (presently the democratic republic of the congo) at independence, is congolese of origin. title ii. of human rights, of fundamental freedoms and of the duties of the citizen and of the state chapter 1. of civil and political rights article 11 all human beings are born free and equal in dignity and in rights. however, the enjoyment of political rights is recognized to congolese only, save for the exceptions established by the law. article 12 all congolese are equal before the law and have the right to equal protection of the laws. article 13 no congolese person may, in matters of education or of access to public functions or any other matter, be subject to a discriminatory measure, that results from the law or from an act of the executive, for reason of his religion, of his family origin, of his social condition, of his residence, of his opinion or political convictions, or his belonging to a certain race, to an ethnicity, to a tribe, [or] to a cultural or linguistic minority. article 14 the public powers see to the elimination of any form of discrimination concerning women and assure the protection and the promotion of their rights. they take, in all the domains, notably in the civil, political, economic, social and cultural domains, all the measures appropriate to assure the total realization and full participation of women in the development of the nation. they take measures to struggle against all forms of violence made against women in public and in private life. women have the right to an equitable representation within the national, provincial and local institutions. the state guarantees the implementation of man-woman parity in these said institutions. the law establishes the modalities of application of these rights. article 15 the public powers see to the elimination of sexual violence. without prejudice to international treaties and agreements, any sexual violence made against any person, with the intention to destabilize, [or] to dislocate a family and to make a whole people disappear is established as a crime against humanity punishable by the law. article 16 the human person is sacred. the state has the obligation to respect it and to protect it. all persons have the right to life, to physical integrity as well as to the free development of their personality, under respect for the law, of public order, of the rights of others and of public morality. no one may be held in slavery or in an analagous condition. no one may be subjected to cruel, inhuman or degrading treatment. no one may be subjected to forced or compulsory labor. article 17 individual liberty is guaranteed. it is the rule[;] detention the exception. one may only be prosecuted, arrested, detained or sentenced by virtue of a law and in the form that it specifies. no one may be prosecuted for an act or an omission which did not constitute an infraction at the time it was committed and at the time of the prosecution. no one may be sentenced for an act or an omission which did not constitute an infraction of the law at the time it was committed and at the time of the sentencing. one may not be inflicted with a punishment harsher than that applicable at the time the infraction was committed. the punishment ceases to be executed when[,] by virtue of a law subsequent to the judgment: it is suppressed; the act for which it was declared no longer has the character [of an] infraction. in the case of reduction of the punishment by virtue of a law subsequent to the judgment, the punishment is executed in accordance with the new law. criminal responsibility is individual. no one may be prosecuted, arrested, detained or sentenced for an act of others. any person accused of an infraction of the law is presumed innocent until his culpability has been established by a definitive judgment. article 18 any arrested person must be immediately informed of the reasons for his arrest and of any accusation made against him, in the language which he understands. he must be immediately informed of his rights. a detained person has the right to enter immediately in contact with his family or with his counsel. detention may not exceed forty-eight hours. at the expiration of this period, the person detained must be released or placed at the disposition of the competent judicial authority. any detainee must benefit from a treatment which preserves his life, his physical and mental health as well as his dignity. article 19 no person may be relocated or transferred against the will of the judge that the law assigns to him. all persons have the right that their case will be heard within a reasonable time by the competent judge. the right to defense is organized and guaranteed. all persons have the right to defend themselves or to be assisted by a defender of their choice, at all stages of the criminal procedure, and including the police inquiry and the investigation before trial. they may be assisted equally before the security services. article 20 the audiences of the courts and tribunals are public unless this publicity is judged dangerous for public order or morality. in this case, the tribunal orders closed [audiences]. article 21 all judgments are written and substantiated. they are pronounced in a public audiences. the right to recourse against a judgment is guaranteed to all. it is exercised within the conditions established by the law. article 22 all persons have the right to freedom of thought, of conscience and of religion. all persons have the right to manifest their religion or their convictions, alone or as a group, both in public and in private, by worship, teaching, practices, the accomplishment of rites and the state of religious life, under reserve of respect for the law, for public order, for morality and for the rights of others. the law establishes the modalities for the exercise of these freedoms. article 23 all persons have the right to freedom of expression. this right implies the freedom to express their opinions or their convictions, notably by speech, print and pictures, under reserve of respect for the law, for public order and for morality. article 24 all persons have the right to information. the freedom of the press, the freedom of information and of broadcasting by radio and television, the written press or any other means of communication are guaranteed, under reserve of respect for the law, for public order, for morals and for the rights of others. the law determines the modalities of exercise of these freedoms. the audiovisual and written media of the state are public services the access to which is guaranteed in an equitable manner to all the political and social movements. the status of the media of the state is established by the law which guarantees the objectivity, the impartiality and the pluralism of opinion in the treatment and diffusion of information. article 25 the freedom of meetings[,] peaceful and without arms[,] is guaranteed under reserve of respect for the law, for public order and for morality. article 26 the freedom of demonstration is guaranteed. all demonstrations on public roads or in [the] open air require the organizers to inform the competent administrative authority in writing. no one may be forced to take part in a demonstration. the law determines the measures of application. article 27 all congolese have the right to address, individually or collectively, a petition to the public authority which responds to it within three months. no one may be made the subject of discrimination, in any form that may be, for having taken such an initiative. article 28 no one is required to execute a manifestly illegal order. every individual, every state agent is relieved from the duty to obey, when an order received constitutes a manifest infringement of the respect of the rights of man and of the public freedoms and of morality. the proof of the manifest illegality of the order is incumbent on the person who refuses to execute it. article 29 the domicile is inviolable. entry or searches may only be effected in the forms and the conditions specified by the law. article 30 all persons who are on the national territory have the right to circulate freely in it, to establish their residence in it, to leave it and to return to it, under the conditions established by the law. no congolese may be expelled from the territory of the republic, or forced into exile, or forced to live outside his habitual residence. article 31 all persons have the right to the respect of their private life and to the secrecy of their correspondence, of telecommunications and of any other form of communication. this right may only be infringed in the cases specified by the law. article 32 all foreigners who find themselves legally on the national territory enjoy the protection granted to persons and to their assets under the conditions determined by the treaties and the laws. they are required to conform to the laws and regulations of the republic. article 33 the right to asylum is recognized. the democratic republic of the congo grants, under reserve of national security, asylum on its territory to foreign nationals, prosecuted or persecuted, notably, for their opinion, their belief, their racial, tribal, ethnic, linguistic affiliation or for their action in favor of democracy and for the defense of the rights of man and of peoples, in accordance with the laws and regulations in force. it is forbidden that any person regularly in enjoyment of the rights of asylum undertake any subversive activity against their country of origin or against any other country, from the territory of the democratic republic of the congo. refugees may neither be remitted to the authority of the state where they are prosecuted nor sent back to the territory of the latter. in no case may a person be turned over to the territory of a state in which they risk torture, [or] cruel, degrading or inhuman punishment or treatment. the law establishes the modalities of the exercise of this right. chapter 2. of economic, social and cultural rights article 34 private property is sacred. the state guarantees the right to individual or collective property, acquired in conformity to the law or to custom. it encourages and sees to the security of private investments, national and foreign. one may only be deprived of his property for reasons of public utility and in return for a just and prior indemnity conceded under the conditions established by the law. one may only have their assets seized by virtue of a decision taken by competent judicial authority. article 35 the state guarantees the right to private initiative to both nationals and to foreigners. it encourages the exercise of small commerce, of art and of artisanship by the congolese and sees to the protection and to the promotion of national expertise and competences. the law establishes the modalities of exercise of this right. article 36 work is a sacred right and duty for each congolese. the state guarantees the right to work, protection against unemployment and an equitable and satisfactory remuneration, assuring the worker as well as his family of an existence in accordance with human dignity, together with all the other means of social protection, notably retirement pension[s] and life annuities. no one may discriminated against [leser] in their work because of their origin, their sex, their opinions, their beliefs or their socio-economic condition. all congolese have the right and the duty to contribute through their work to the national construction and prosperity. the law establishes the status of workers and regulates the particulars concerning the juridical regime of the professional orders and the exercise of professions which require a scholastic or academic qualification. the internal structures and the functioning of the professional orders must be democratic. article 37 the state guarantees the freedom of association. the public powers collaborate with the associations which contribute to the social, economic, intellectual, moral and spiritual development of the population and to the education of the citizens [masculine] and the citizens [feminine] this collaboration may take the form of a subsidy. the law establishes the modalities of the exercise of this freedom. article 38 the syndical right is recognized and is guaranteed. all congolese have the right to found trade unions or to affiliate with them freely, under the conditions established by the law. article 39 the right to strike is recognized and guaranteed. it is exercised under the conditions specified by the law which can forbid it or limit its exercise in the domains of national defense and of security or for any [public] activity or public service of vital interest for the nation. article 40 each individual has the right to marry with the person of their choice, of the opposite sex, and to establish a family. the family, the basic unit of the human community, is organized in a manner to assure its unity, its stability and its protection. it is placed under the protection of the public powers. the care and the education to be given to the children constitute, for the parents, a natural right and a duty which they exercise under the surveillance [and] with the aid of the public powers. the children have the duty to assist their parents. the law establishes the rules concerning marriage and the organization of the family. article 41 every person, without distinction of sex, who is not more than 18 years of age, is a minor. all minors have the right to know the names of their father and of their mother. they have, equally, the right to enjoy the protection of their family, of society and of the public powers. the abandonment and maltreatment of children, notably pedophilia, sexual abuse as well as the accusation of witchcraft, are prohibited and punishable by law. the parents have the duty to take care of their children and to assure them of their protection against any act of violence both inside and outside their home. the public powers have the obligation to assure protection to children in a difficult situation and to bring, to justice, the authors and their accomplices of acts of violence concerning children. all others forms of exploitation of minors are punished by the law. article 42 the public powers have the obligation to protect youth against any infringement of their health, of their education or of their integral development. article 43 all persons have the right to a scholastic education. it is provided by national education. national education consists of public establishments and approved private establishments. the law establishes the conditions of creation and of functioning of these establishments. the parents have the right to choose the mode of education to be given to their children. primary education is obligatory and free in the public establishments. article 44 the eradication of illiteracy is a national duty [for] the realization of which the government must elaborate a specific program. article 45 education is free. it is nevertheless subject to the supervision of the public powers, under the conditions established by the law. all persons have access to establishments of national education, without discrimination of place of origin, of race, of religion, of sex, of political or philosophical opinions, of their physical, mental or sensorial state in accordance with their capacities. the national education establishments shall assure, in cooperation with the religious authorities, to their minor pupils[,] and having parents demanding it[,] an education conforming to their religious convictions. the public authorities have the duty to promote and to assure, through teaching, education and diffusion, the respect of the rights of man, of the fundamental freedoms and of the duties of the citizens provided by this constitution. the public powers have the duty to assure the diffusion and the teaching of the constitution, the universal declaration of the rights of man, the african charter of the rights of man and of peoples, as well as all the duly ratified regional and international conventions concerning the rights of man and to international humanitarian law. the state has the obligation to integrate the rights of the human person into all the training programs of the armed forces, of the police and of the security services. the law determines the conditions of application of this article. article 46 the right to culture, to freedom of intellectual and artistic creation, and that of scientific and technological research are guaranteed, under reserve of respect for the law, for public order and for morality. copyrights and intellectual property [rights] are guaranteed and protected by the law. the state takes into account, in carrying out its tasks, of the cultural diversity of the country. it protects the national cultural patrimony and assures its promotion. article 47 the right to health and to [a] secure food supply is guaranteed. the law specifies the fundamental principles and the rules of organization for public health and [a] secure food supply. article 48 the right to decent housing, the right of access to drinking water and to electric energy are guaranteed. the law establishes the modalities of the exercise of these rights. article 49 the elderly person and the handicapped person have the right to specific measures of protection concerning their physical, intellectual and moral needs. the state has the duty to promote the presence of handicapped persons within national, provincial and local institutions. an organic law determines the modalities of application of this right. chapter 3. of collective rights article 50 the state protects the legitimate rights and interests of congolese who are both inside and outside the country. under reserve of reciprocity, any foreigner who finds himself legally on the national territory enjoys the same rights and freedoms as a congolese, the political rights excepted. they benefit from the protection granted to persons and their assets under the conditions determined by the treaties and the laws. they are required to conform to the laws and regulations of the republic. article 51 the state has the duty to assure and to promote the peaceful and harmonious coexistence of all the ethnic groups of the country. it assures equally the protection and the promotion of vulnerable groups and of all minorities. it sees to their development. article 52 all congolese have the right to peace and to security, both on the national as well as on the international level [plan]. no individual or group of individuals may use a part of the national territory as a base of operation for subversive or terrorist activities against the congolese state or any other state. article 53 all persons have the right to a healthy environment and [one] propitious for their integral development. they have the duty to defend it. the state sees to the protection of the environment and the health of the population. article 54 the conditions for the construction of industrial plants, of facilities for storage, for the handling, the incineration and for the removal of toxic, polluting or radioactive waste produced by industrial units or workshops established on the national territory are established by the law. any pollution or destruction resulting from an economic activity gives rise to compensation and/or to reparation. the law determines the nature of the compensatory measures and reparatory [measures] as well as the modalities of their execution. article 55 the transportation, the importation, the storage, the spilling [or] the disposal in the internal waters or maritime spaces under national jurisdiction, [or] the release into the airspace[,] of toxic, polluting or radioactive waste or of any other dangerous product, of foreign origin [provenance] or not, constitutes a crime punishable by the law. article 56 any act, any agreement, any convention, any arrangement or any other act which has the consequence of depriving the nation [or] physical or moral persons of all or part of their means of existence drawn from their natural resources or their wealth, is established, without prejudice to the international provisions on economic crimes, as the crime of pillage punishable by the law. article 57 the acts referred to in the preceding article as well as the attempt of them, whatever their modalities may be, if they are acts of a person invested with public authority[,] are punishable as infractions of high treason. article 58 all congolese have the right to enjoy the national wealth. the state has the duty to redistribute it equitably and to guarantee the right to development. article 59 all congolese have the right to enjoy the common patrimony of humanity. the state has the duty to facilitate the enjoyment of it. article 60 the respect of the rights of man and of the fundamental freedoms consecrated in the constitution is imposed on the public powers and on every person. article 61 in no case, even when the state of siege or the state of urgency has been proclaimed in accordance with articles 85 and 86 of this constitution, can there be derogation of the rights and fundamental principles enumerated as follows: the right to life; the prohibition of torture and of cruel, inhuman or degrading punishments or treatment; the prohibition of slavery and of servitude; the principle of the legality of infractions and of penalties; the right to [a] defense and the right to recourse; the prohibition of imprisonment for debts; the freedom of thought, of conscience and of religion. chapter 4. of the duties of the citizen article 62 there is no excuse of ignorance of the law. all persons are required to respect the constitution and to comply with the laws of the republic. article 63 all congolese have the sacred right and duty to defend the country and its territorial integrity in the face of an external threat or aggression. obligatory military service can be instituted under the conditions determined by the law. all national, provincial, local and customary authorities have the duty to safeguard the unity of the republic and the integrity of its territory, under penalty of high treason. article 64 all congolese have the duty to oppose any individual or group of individuals who seize power by force or who exercise it in violation of the provisions of this constitution. any attempt to overthrow the constitutional regime imprescriptibly constitutes an infraction against the nation and the state. it is punished in accordance with the law. article 65 all congolese are held to loyally fulfill their obligations concerning the state. they have, likewise, the duty to pay their taxes and duties. article 66 all congolese have the duty to respect and to treat their fellow citizens without any discrimination and to maintain relations with them that permit the safeguarding, the promotion, and the strengthening of the national unity, and of reciprocal respect and tolerance. they have, in addition, the duty to preserve and to reinforce the national solidarity, singularly when it is threatened. article 67 all congolese have the duty to protect the public property, assets and interests and to respect the property of others. title iii. of the organization and of the exercise of power chapter 1. of the institutions of the republic article 68 the institutions of the republic are as follows: the president of the republic; the parliament; the government; the courts and tribunals. section 1. of the executive power paragraph 1. of the president of the republic article 69 the president of the republic is the head of the state. he represents the nation and is the symbol of the national unity. he sees to the respect for the constitution. he assures, by his arbitration, the regular functioning of the public powers and of the institutions as well as the continuity of the state. he is the guarantor of national independence, of the integrity of the territory, of the national sovereignty and of respect for the international treaties and agreements. article 70 the president of the republic is elected by direct universal suffrage for a mandate of five years renewable a single time. at the end of his mandate, the president of the republic remains in [his] functions until the effective installation of the newly elected president. article 71 [amended by law no. 11/002 of 20 january 2011.] the president of the republic is elected by the simple majority of the suffrage expressed. article 72 no one may be a candidate for election as president of the republic, if they do not meet the following conditions: to possess congolese nationality of origin; to be at least 30 years of age; to enjoy full civil and political rights; to not be subject to one of the cases of exclusion established by the electoral law. article 73 the ballot for the election of the president of the republic is convoked by the independent national electoral commission, ninety days before the expiration of the mandate of the president in office. article 74 the elected president of the republic enters into his functions within the ten days which follow the proclamation of the definitive results of the presidential election. before he enters into his functions, the president of the republic takes, before the constitutional court, the following oath: "i, ... , elected president of the democratic republic of the congo, solemnly swear before god and the nation: to observe and defend the constitution and the laws of the republic; to maintain its independence and integrity of its territory; to safeguard the national unity; to be guided only by the general interest and the respect of the rights of the human person; to devote all my strength to the promotion of the common good and of peace; to fulfill loyally, as a faithful servant of the people, the high functions that have been confided in me." article 75 in the case of vacancy as a result of death, of resignation or for any other cause of definitive incapacity, the functions of the president of the republic, with the exception of those specified in articles 78, 81 and 82 are provisionally exercised by the president of the senate. article 76 the vacancy of the presidency of the republic is declared by the constitutional court referred to [the matter] by the government. the interim president of the republic sees to the organization of the election of the new president of the republic under the conditions and within the time periods specified by the constitution. in the case of vacancy or when the incapacity is declared definitive by the constitutional court, the election of the new president of the republic takes place, on the convocation of the independent national electoral commission, sixty days at least and ninety days at most, after the occurrence of the vacancy or of the declaration of the definitive character of the incapacity. in the case of force majeure, this time period may be prolonged to one hundred and twenty days at the most by the constitutional court on request by the independent national electoral commission. the elected president commences a new mandate. article 77 the president of the republic addresses messages to the nation. he communicates with the chambers of parliament through messages which he reads or has read and which do not give rise to any debate. he delivers, once a year, before the national assembly and the senate, meeting in congress, a speech on the state of the nation. article 78 the president of the republic appoints the prime minister from within the parliamentary majority after consultation with it. he terminates his functions on presentation by him of the resignation of the government. if such a majority does not exist, the president of the republic confides a preliminary capacitation [mission d'information] to a person with a view to identifying a coalition. the preliminary capacitation is of thirty days, renewable one time. the president of the republic appoints the other members of the government and terminates their functions on the proposal of the prime minister. article 79 the president of the republic convenes and presides over the council of ministers. in the case of incapacity, he delegates this power to the prime minister. the president of the republic promulgates the laws under the conditions specified by this constitution. he executes by way of ordinance. the ordinances of the president of the republic other than those specified in articles 78, first paragraph, 80, 84 and 143, are countersigned by the prime minister. article 80 the president of the republic invests by ordinance the elected governors and vice governors of the provinces, within a time period of fifteen days in accordance with article 198. article 81 without prejudice to the other provisions of the constitution, the president of the republic appoints, relieves of their functions and, if necessary, revokes [them], on a proposal of the government deliberating in the council of ministers: the ambassadors and extraordinary envoys; the general and superior officers of the armed forces and of the national police, on hearing the superior council of defense; the major general chief of staff, the major chiefs of staff and the commanders of the main units of the armed forces, on hearing the superior council of defense; the high functionaries of the public administration; the responsible [persons] of the public services and establishments; the mandataries of the state in the public enterprises and organs, excepting the commissioners of audit [commissaries aux comptes]. the ordinances of the president of the republic intervening in these matters are countersigned by the prime minister. article 82 the president of the republic appoints, relieves from their functions and, if necessary, revokes [them], by ordinance, the presiding magistrates and the prosecuting [magistrates] on the proposal of the superior council of the judiciary. the ordinances referred to in the preceding paragraph are countersigned by the prime minister. article 83 the president of the republic is the supreme commander of the armed forces. he presides over the superior council of defense. article 84 the president of the republic confers the grades in the national orders and [national] decorations, in accordance with the law. article 85 when grave circumstances threaten, in an immediate manner, the independence or the integrity of the national territory or when they provoke the disruption of the regular functioning of the institutions, the president of the republic proclaims a state of urgency or a state of siege after coordination with the prime minister and the presidents of the two chambers, in accordance with articles 144 and 145 of this constitution. he informs the nation by a message. the modalities of application of the state of urgency and the state of siege are established by the law. article 86 the president of the republic declares war by ordinance deliberated in the council of ministers after the opinion of the superior council of defense and the authorization of the national assembly and of the senate, in accordance with article 143 of this constitution. article 87 the president of the republic exercises the right of pardon. he may remit, commute or reduce sentences. article 88 the president of the republic accredits the ambassadors and extraordinary envoys to foreign states and to international organizations. the foreign ambassadors and extraordinary envoys are accredited to him. article 89 the emoluments and the civil list of the president of the republic are determined by the law of finance. paragraph 2. of the government article 90 the government is composed of the prime minister, of ministers, of deputy ministers and, the case arising, of vice prime ministers, of ministers of state and of delegated ministers. it is directed by the prime minister, the head of the government. in the case of incapacity, his interim is assured by the member of the government who has seniority. the composition of the government takes into account national representation. before entering into his functions, the prime minister presents to the national assembly the program of the government. once this program has been approved by the absolute majority of the members composing the national assembly, it invests the government. article 91 the government defines, in concert with the president of the republic, the policy of the nation and assumes responsibility for it. the government conducts the policy of the nation. defense, security and foreign affairs are domains of collaboration between the president of the republic and the government. the government directs the public administration, the armed forces, the national police and the services of security. the government is responsible before the national assembly within the conditions provided for in articles 90, 100, 146 and 147. an ordinance deliberated in the council of ministers determines the organization, the functioning of the government, and the modalities of collaboration between the president of the republic and the government as well as between the members of the government. article 92 the prime minister assures the execution of the laws and exercises the regulatory power under reserve of the prerogatives assigned to the president of the republic by this constitution. he executes [statuer] by way of decree. he appoints, by decree deliberated in the council of ministers, to the civil and military offices other than those conferred by the president of the republic. the acts of the prime minister are countersigned, as the case requires, by the minister charged with their execution. the prime minister may delegate certain of his powers to the ministers. article 93 the minister is responsible for his department. he implements the governmental program in his ministry, under the direction and the coordination of the prime minister. he executes by way of order. article 94 the vice ministers exercise, under the authority of the ministers to whom they are adjunct, the attributions which are conferred on them by the ordinance concerning the organization and functioning of the government. they assume the interim of their ministers in case of absence or of incapacity. article 95 the emoluments of the members of the government are specified by the law of finance. the prime minister benefits, additionally, from an endowment. paragraph 3. of provisions common to the president of the republic and to the government article 96 the functions of the president of the republic are incompatible with the exercise of any other elective office, any public, civil or military employment and any professional activity. the mandate of the president of the republic is also incompatible with any responsibility within a political party. article 97 the functions of a member of government are incompatible with the exercise of any other elective mandate, any public, civil or military employment and any professional activity, with the exception of agricultural, artisanal, cultural, educational and research activities. they are equally incompatible with any responsibility within a political party. article 98 during their functions, the president of the republic and the members of the government may not, by themselves or through an intermediate person, purchase, or acquire in any other fashion, or lease an asset which belongs to the domain of the state, of the provinces or of the decentralized entities. they may not take part, directly or indirectly, in public contracts for the benefit of the administrations or of institutions in which the central power, the provinces and the decentralized administrative entities have interests. article 99 before their entry into [their] functions and on the expiration of them, the president of the republic and the members of government are held to submit, before the constitutional court, a written declaration of their family patrimony, enumerating their movable assets, and comprising assets, partnership shares, obligations, other assets, bank accounts, their real assets, and comprising undeveloped lands, forests, plantations and agricultural lands, mines and other real property, with indication of the pertinent titles. the family patrimony includes the assets of the spouse following the matrimonial regime, of the minors and of the children, even of majority, the couple is responsible for. the constitutional court communicates this declaration to the fiscal administration. in default of this declaration, allowing thirty days, the concerned person is deemed resigned. in the thirty days which follow the end of [his] functions, in default of this declaration, in case of fraudulent declaration or of suspicion of enrichment without cause, the constitutional court or the court of cassation is referred to [the matter], according to the case. section 2. of the legislative power article 100 the legislative power is exercised by a parliament consisting of two chambers: the national assembly and the senate. without prejudice to the other provisions of this constitution, the parliament votes the laws. it controls the government, the public companies as well as the public establishments and the [public] services. each of the chambers enjoys administrative and financial autonomy and controls its own allocation. paragraph 1. of the national assembly article 101 the members of the national assembly have the title of national deputy. they are elected by universal, direct and secret suffrage. the candidates to the legislative elections are presented by the political parties or by the political groups. they may also present themselves as independents. each national deputy is elected with two substitutes. the national deputy represents the nation. any imperative mandate is null. the number of national deputies as well as the conditions of their election and eligibility are determined by the electoral law. article 102 no one may be a candidate to the legislative elections if he does not fulfill the conditions as follows: to be congolese; to be 25 years of age at least; to enjoy full civil and political rights; to not be subject to one of the causes of exclusion specified by the electoral law. article 103 the national deputy is elected for a mandate of five years. he is re-eligible. the mandate of the national deputy commences with the validation of the powers by the national assembly and expires with the installation of the new assembly. paragraph 2. of the senate article 104 the members of the senate have the title of senator. the senator represents his province, but his mandate is national. any imperative mandate is null. the candidates for senator are presented by the political parties or by the political groups. they may also present themselves as independents. they are elected at the second degree by the provincial assemblies. each senator is elected together with two substitutes. the former elected presidents of the republic are[,] of right[,] senators for life. the number of the senators as well as the conditions of their election and eligibility are determined by the electoral law. article 105 the senator is elected for a mandate of five years. he is re-eligible. the mandate of the senator commences with the validation of the powers by the senate and expires at the installation of the new senate. article 106 no one may be a candidate [to] membership in the senate if they do not fulfill the conditions as follows: to be congolese; to be 30 years of age at least; to enjoy full civil and political rights; to not be subject to one of the causes of exclusion specified by the electoral law. paragraph 3. of immunities and of incompatibilities article 107 no parliamentarian may be prosecuted, searched, arrested, detained or judged as a result of opinions or votes emitted by him in the exercise of his functions. a parliamentarian may, during the sessions, be prosecuted or arrested only with the authorization of the national assembly or of the senate, as the case may be, except in cases of flagrante delicto. out of session, a parliamentarian may only be arrested with the authorization of the bureau of the national assembly or of the bureau of the senate, except in cases of flagrante delicto, of authorized prosecution or of definitive sentence. the detention or prosecution of a parliamentarian is suspended if the chamber of which he is a member requires it. the suspension may not exceed the duration of the session in course. article 108 the mandate of national deputy is incompatible with the mandate of senator and vice versa. the mandate of deputy or of senator is incompatible with the following functions or mandates: member of the government; member of a institution in support of democracy; member of the armed forces, of the national police and of the services of security; magistrate; career officer of the public services of the state; territorial political-administrative group [cadre], with the exception of the chiefs of the collectivitã©-chefferie [collectivity-headmanships] and groups; active public mandate; member of the cabinets of the president of the republic, of the prime minister, of the president of the national assembly, of the president of the senate, of the members of the government, and generally of a political or administrative authority of the state, employed in a public enterprise or a mixed-economy company; any other elective mandate. the mandate of national deputy or of senator is incompatible with the exercise of remunerated functions conferred by a foreign state or an international organ. paragraph 4. of the rights of national deputies and of senators article 109 the national deputies and senators have the right to circulate without restriction or hindrance within the national territory and to leave it. they have the right to an equitable indemnity which assures their independence and their dignity. this is provided for in the law of finance. they have the right to a final indemnity equal to six months of their emoluments. the modalities of application of the preceding paragraph as well as the other rights of the parliamentarians are established by the internal regulations of each of the chambers. paragraph 5. of the end and of the suspension of the mandate of national deputy or of senator [amended by law no. 11/002 of 20 january 2011.] article 110 [amended by law no. 11/002 of 20 january 2011.] the mandate of deputy or of senator is ended by: the expiration of the legislature; death; resignation; definitive impediment; permanent incapacity; non-justified and non-authorized absence from more than a quarter of the sittings of a session; exclusion specified by the electoral law; irrevocable sentence to a penalty of penal servitude for an intentional infraction. acceptance of a function incompatible with the mandate of deputy or of senator; however, when a national deputy or a senator is appointed to a political function incompatible with the exercise of his parliamentary mandate, he is suspended. he reclaims of plain right his parliamentary mandate after the cessation of that incompatible political function. any cause of ineligibility, at the date of the elections, declared subsequently by the competent judicial authority, results in the loss of the mandate of national deputy or of senator. in the cases enumerated above, the national deputy or the senator is replaced by the first substitute, or in default [of this], by the second substitute. in the case of deficiency of substitute[s], a partial election is organized in the electoral circumscription concerned. the national deputy, the senator or the substitute who deliberately leaves his political party during the legislature is deemed to have renounced his parliamentary mandate or that [of] substitution obtained within the order of that political party. paragraph 6. of the functioning of the national assembly and of the senate article 111 the national assembly and the senate are each directed by a bureau of seven members consisting of: a president; a first vice president; a second vice president; a rapporteur [secretary] an adjunct rapporteur; a questeur [treasurer] an adjunct questeur. the presidents of the two chambers must be congolese of origin. the members of the bureau are elected under the conditions established by the internal regulations of their respective chamber. article 112 each chamber of parliament adopts its internal regulations. the internal regulations determine, notably: the duration and the rules of functioning of the bureau, the powers and the prerogatives of its president as well as of the other members of the bureau; the number, the mode of designation, the composition, the role and the competence of the permanent commissions as well as the creation and the functioning of special and temporary commissions; the organization of the administrative services directed by a secretary general of the public administration of each chamber; the disciplinary regime of the deputies and of the senators; the different modes of the ballot, with the exclusion of those expressly provided for in this constitution before being implemented, the internal regulations are obligatorily transmitted by the president of the concerned chamber to the constitutional court which decides on their conformity with the constitution within a period of fifteen days. this period elapsing, the internal regulations are deemed to conform. the provisions declared non-conforming may not be implemented. article 113 in addition to the permanent and special commissions, the two chambers may constitute one or several joint commissions [with] parity [commissions mixtes paritaires] to reconcile their points of view when they are in disagreement on a subject of a question on which they must adopt the same decision in identical terms. if the disagreement persists, the national assembly decides definitively. article 114 each chamber of parliament meets of right in extraordinary session on the fifteenth day following the proclamation of the results of the legislative elections by the independent national electoral commission to accomplish: the installation of the provisional bureau directed by the senior member assisted by two younger members; the validation of the powers; the election and installation of the definitive bureau; the drafting and adoption of the internal regulations. the opening sitting is presided over by the secretary general of the administration of each of the two chambers. during this sitting, the two chambers meet to draft and adopt the internal regulations of the congress. the extraordinary session ends with the exhaustion of the agenda. article 115 the national assembly and the senate hold of right, each year, two ordinary sessions: the first opens on 15 march and closes on 15 june; the second opens on 15 september and closes on 15 december. if the 15th of the month of march or of the month of september is a holiday or occurs on a sunday, the opening of the session takes place on the first working day which follows. the duration of each ordinary session may not exceed three months. article 116 each chamber of parliament can be convoked in extraordinary session by its president on a specific agenda, either at the demand of its bureau, or of half of its members, or of the president of the republic, or of the government. cloture intervenes after the chamber has exhausted the agenda for which it had been convoked and, at the latest, thirty days counting from the beginning of the session. article 117 the inscription, by priority, in the agenda of each of the chambers, of a bill of law, a proposal of law or of a declaration of general policy, is of right if the government, after deliberation in the council of ministers, demands it. article 118 the national assembly and the senate sit validly only with the absolute majority of the members which compose them. the sittings of the national assembly and of the senate are public, unless if a closed [sitting] is announced. the analytic summary of the debates as well as the documents of the national assembly and of the senate are published in the parliamentary annals. article 119 the two chambers meet jointly in congress for the following cases: the procedure of constitutional revision, in accordance with articles 218 to 220 of this constitution; the authorization of the proclamation of the state of urgency or of the state of siege [or] of the declaration of war, in accordance with articles 85 and 86 of this constitution; the hearing of the speech of the president of the republic on the state of the nation, in accordance with article 77 of this constitution; the designation of three members of the constitutional court, in accordance with the provisions of article 158 of this constitution. article 120 when the two chambers sit in congress, the bureau is that of the national assembly and the presidency is, on a rotating basis, assured by the president of the national assembly and the president of the senate. the congress adopts its internal regulations. before its implementation, the internal regulations are communicated by the president of congress to the constitutional court which decides on the conformity of these regulations to this constitution within fifteen days. this period elapsing, the internal regulations are deemed conforming. the provisions declared non-conforming may not be implemented. article 121 each of the chambers or the congress only sit validly with the absolute majority of its members assembled. under reserve of the other provisions of the constitution, every resolution and every decision is taken in accordance with the internal regulations of each chamber or of the congress. the votes are cast either by roll call and audible voice [haute voix], or by raising the hand, or by sitting and standing, either by secret paper ballot, or by electronic procedure. on the whole text of a law, the vote takes place by roll call and audible voice. the votes may equally be cast by a technical procedure providing more guarantees. under reserve of the provisions of the constitution, each of the chambers or the congress may decide [on] secret voting for the adoption of a specific resolution. however, in the case of deliberations concerning persons, the vote is effected by secret ballot. section 3. of the relations between the executive power and the legislative power article 122 without prejudice to the other provisions of this constitution, the law establishes the rules concerning: the civic rights and the fundamental guarantees granted to the citizens for the exercise of the public freedoms; the electoral regime; public finances; the requirements imposed by the national defense on citizens[,] on their person and their assets; nationality, the status and capacity of persons, the matrimonial regimes, inheritance and donations; the determination of the infractions and the penalties which are applicable to them, the criminal procedure, the organization and the functioning of the judicial power, the creation of new orders of jurisdiction, the status of the magistrates, the juridical regime of the superior council of the magistrature; the organization of the bar, judicial assistance and the representation in justice; commerce, the regime of property rights, and of civil and commercial obligations; amnesty and extradition; the basis, rate and the modalities of collection of taxes of any nature, the regime of issuance of currency; the loans and financial obligations of the state; the status of the career officers of the public services of the state, of the personnel in higher education, university [education] and of scientific research; the armed forces, the police and the services of security; the right to work and of social security; the general organization of defense and of the national police, the mode of recruitment of the members of the armed forces and of the national police, the advancement, the rights and obligations of the military and of the personnel of the police. article 123 without prejudice to the other provisions of this constitution, the law determines the fundamental principles concerning: the free administration of the provinces and the decentralized territorial entities, of their competences and of their resources; the creation of public enterprises, establishments and organs; the regime of land, mining, forestry and real property; mutual insurance systems and savings; education and health; the prison regime; political and syndical pluralism; the right to strike; the organization of the media; scientific and technological research; the cooperative; culture and the arts; sports and leisure; agriculture, animal husbandry, fishing and aquaculture; the protection of the environment and tourism; the protection of vulnerable groups. article 124 the laws to which the constitution confers the character of organic law, are adopted and modified by the absolute majority of members composing each chamber under the following conditions: the legislative proposal of law can only be submitted to the deliberation and the vote of the first chamber referred to [the matter] after the expiration of a period of fifteen days after its deposit with the government; the procedure of article 132 is applicable. however, in default of accord between the two chambers, the text may only be adopted by the national assembly in the final reading with the absolute majority of its members; the organic laws may only be promulgated after declaration, by the constitutional court obligatorily referred to [the matter] by the president of the republic, of their conformity with the constitution within a time period of fifteen days.. article 125 when a bill or a proposal of law has been declared urgent by the government, it is examined by priority in each chamber by the competent commission following the procedure specified by the internal regulations of each of them. the normal procedure is applied to the proposals or to the bills of law involving amendment to the constitution or modifying the organic laws as well as to the bills of enabling law [loi d'habilitation] established in article 129. article 126 [amended by law no. 11/002 of 20 january 2011.] the law of finance determines the resources and the expenditures of the state. the national assembly and the senate adopt the bills of the laws of finance under the conditions specified by the organic law provided for in article 124 of the constitution. the bill of the annual law of finance, which includes notably the budget, is deposited by the government with the bureau of the national assembly, at the latest, on the fifteenth of september of each year. the creations and transformations of public employment may not operate outside of the provisions of the law of finance. if the bill of the law of finance, deposited in the constitutional time period, is not adopted before the opening of the new fiscal year [exercise], it is brought into force by the president of the republic, on proposal of the government deliberating in the council of ministers, taking into account the amendments adopted by each of the two chambers. if the bill of the law of finance has not been deposited in a timely fashion to be promulgated before the start of the fiscal year, the government demands of the national assembly and of the senate the opening of provisional credits. if, fifteen days before the end of the budgetary session, the government has not deposited its bill of the budget, it is deemed [to have] resigned. in the case where the national assembly and the senate do not decide within fifteen days on the opening of provisional credits, the provisions of the bill providing for these credits are brought into force by the president of the republic on proposal of the government deliberating in the council of ministers. if, taking into account the procedure provided for above, the annual law of finance could not be brought into force on the first day of the month of february of the budgetary year, the president of the republic, on the proposal of the government deliberating in the council of ministers, orders the execution of the bill of the law of finance, taking into account the amendments voted by each of the two chambers. if the bill of the law of finance adopted in a timely fashion by the parliament and transmitted for promulgation before the opening of the new budgetary year is made the object of a remand [renvoi] to parliament by the president of the republic, the government demands of the national assembly and of the senate the opening of provisional credits. article 127 amendments to the bill of the law of finance are not receivable when their adoption has as a consequence either a diminution of receipts or an increase of expenses, unless they are accompanied by compensatory proposals. article 128 the matters other than those which are of the domain of the law have a regulatory character. the texts having the character of law intervening in these matters may be modified by decree if the constitutional court, on the demand of the government, has declared that they have a regulatory character in accordance with the preceding paragraph. article 129 the government can, for the urgent execution of its program of action, demand of the national assembly or of the senate the authorization to take, by ordinance-law, for a limited time period and on specific matters, measures which are normally within the domain of the law. these ordinance-laws are deliberated in the council of ministers. they are brought into force on publication and become lapsed if the bill of the law of ratification is not deposited with the parliament, at the latest, on the deadline specified by the enabling law. at the end of the period referred to in the first paragraph of this article, if the parliament does not ratify these ordinance-laws, they cease[,] of right[,] to produce their effects. the ordinance-laws deliberated in the council of ministers and ratified may only be modified in their provisions by the law. the ordinance-laws cease[,] of right[,] to produce their effects in [the] case of the rejection of the bill of the law of ratification. article 130 the initiative of law belongs concurrently to the government, to each deputy and to each senator. the bills of law adopted by the government in the council of ministers are deposited with the bureau of one of the chambers. however, as it concerns of the law of finance, the bill is imperatively deposited, within the time period provided for in article 126, with the bureau of the national assembly. the proposals of law, before deliberation and adoption, are notified for information to the government which addresses, within fifteen days following their transmission, any observations to the bureau of one or the other of the chambers. past this time period, the proposals of law are brought into deliberation. article 131 the members of the government have access to the work of the national assembly and of the senate as well as to that of their commissions. if it is required of them, the members of the government have the obligation to be present at the sittings of the national assembly and those of the senate, to take the floor and to provide the parliamentarians any explanations demanded of them on their activities. article 132 the discussion of the bills of law proceeds, before the first chamber referred to [the matter], on the text deposited by the government. a chamber referred to a text voted by the other chamber deliberates only on the text transmitted to it. article 133 the members of the government have the right to propose amendments to the texts under discussion but do not participate in the vote. article 134 the proposals of law and the amendments formulated by the members of the national assembly or of the senate are not receivable when their adoption would have as a consequence either in a reduction of public resources, or the creation or increase of a public obligation, unless they have been accompanied by proposals concerning the corresponding receipts or economies. article 135 every bill and every proposal of law is examined successively by the two chambers with the view to the adoption of an identical text. when, as a result of disaccord between the two chambers, a bill or a proposal of law could not be adopted after one reading by each chamber, a joint commission [with] parity, is charged to propose a text on the provisions still under discussion, is put in place by the two bureaus. the text drafted by the joint commission [with] parity is submitted for adoption to the two chambers. if the joint commission [with] parity does not succeed in adopting a single text or if this text is not adopted under the conditions provided for in the preceding paragraph, the national assembly decides definitively. in this case, the national assembly may reconsider either the text drafted by the joint commission [with] parity, or the last text it voted itself, as modified, as the case may be, by one or several of the amendments adopted by the senate. article 136 within six days of its adoption, the law is transmitted to the president of the republic for its promulgation. the prime minister receives a certified copy of it. article 137 within a time period of fifteen days from the transmission, the president of the republic can demand of the national assembly or of the senate[,] a new deliberation of the law or of certain of its articles. this new deliberation cannot be refused. the text submitted to second deliberation is adopted by the national assembly and the senate either in the initial form, or after modification[,] by the absolute majority of the members which compose them. article 138 without prejudice to the other provisions of this constitution, the means of information and of control of the national assembly and of the senate, concerning the government, the public enterprises, [and] the public establishments and services are: the oral or written question with or without debate[,] not followed by a vote; the question on current affairs; the interpellation; the commission of inquiry; the hearing by the commissions. these means of control are exercised under the conditions determined by the internal regulations of each of the chambers and give rise, as the case may be, to the motion of no confidence or of censure, in accordance with articles 146 and 147 of this constitution. article 139 the constitutional court may be referred to [a matter] by recourse aimed at having a promulgated law declared not conforming to the constitution by: the president of the republic within the fifteen days which follow the transmission made to him of the law definitively adopted; the prime minister within the fifteen days which follow the transmission made to him of the law definitively adopted; the president of the national assembly or the president of the senate within the fifteen days which follow its definitive adoption; a number of deputies or of senators at least equal to a tenth of the members of each of the chambers, within the fifteen days which follow its definitive adoption. the law can only be promulgated if it has been declared conforming to the constitution by the constitutional court, which decides within fifteen days of the referral [of the matter]. however, at the demand of the government, if there is urgency, this time period is reduced to eight days. past this time period, the law is deemed conforming to the constitution. article 140 the president of the republic promulgates the law within fifteen days of its transmission after the expiration of the time periods referred to in articles 136 and 137 of the constitution. in default of promulgation of the law by the president of the republic within the constitutional time periods, the promulgation is of right. article 141 the laws are stamped with the seal of the state and are published in the journal officiel [official gazette] article 142 the law enters into force thirty days after its publication in the journal officiel unless it provides otherwise. in all cases, the government assures diffusion in french and in each of the four national languages within a time period of sixty days from the date of promulgation. article 143 in accordance with the provisions of article 86 of the constitution, the president of the republic declares war on the decision of the council of ministers after the opinion of the superior council of defense and the authorization of the two chambers. he informs the nation by a message. the rights and duties of citizens, during war or in case of invasion or attack of the national territory by foreign forces, are made the subject of a law. article 144 in application of the provisions of article 85 of this constitution, the state of siege, like the state of urgency, is declared by the president of the republic. the national assembly and the senate then convene of right. if they are not in session, an extraordinary session is convoked to this effect in accordance with article 116 of this constitution. the closing of the ordinary or extraordinary sessions is[,] of right[,] delayed to permit, as the case may be, the application of the provisions of the preceding paragraph. the state of urgency or the state of siege may be proclaimed for all or part of the territory of the republic for a time period of thirty days. the ordinance proclaiming the state of urgency or the state of siege ceases[,] of right[,] to produce its effects after the expiration of the time period specified in the [fourth] paragraph of this article, unless the national assembly and the senate, referred to [the matter] by the president of the republic on decision of the council of ministers, have authorized its extension for successive periods of fifteen days. the national assembly and the senate can, by way of a law, end at any moment the state of urgency or the state of siege. article 145 in case of a state of urgency or of state of siege, the president of the republic takes, by ordinances deliberated in the council of ministers, the measures necessary to respond to the situation. these ordinances are, on their signature, submitted to the constitutional court which, ceasing other matters, declares if they derogate or not from this constitution. article 146 the prime minister can, after deliberation in the council of ministers, engage before the national assembly the responsibility of the government, on a declaration of general policy or on the vote on a text. the national assembly may challenge the responsibility of the government or of a member of the government by a vote on a motion of censure or no confidence. the motion of censure against the government is receivable only if it is signed by a quarter of the members of the national assembly. the motion of no confidence against a member of the government is receivable only if it is signed by a tenth of the members of the national assembly. the debate and the vote can only take place forty-eight hours after the deposit of the motion. only the votes favorable to the motion of censure or of no confidence are counted, which can only be adopted by an absolute majority of the members composing the national assembly. if the motion of censure or of no confidence is rejected, the signatories cannot propose a new one in the course of the same session. the program, the declaration of the general policy or the text referred to in the first paragraph is considered adopted unless if a motion of censure is adopted under the conditions specified in paragraphs 2 and 3 of this article. the prime minister has the faculty to demand the senate for the approval of a declaration of general policy. article 147 when the national assembly adopts a motion of censure, the government is deemed to have resigned. in this case, the prime minister remits the resignation of the government to the president of the republic within twenty-four hours. when a motion of no confidence against a member of the government is adopted, that [member] is deemed to have resigned. article 148 in the case of persistent crisis between the government and the national assembly, the president of the republic can, after consultation of the prime minister and of the presidents of the national assembly and of the senate, pronounce the dissolution of the national assembly. no dissolution may take place in the year which follows the elections, or during the periods of the state of urgency or of siege or of war, or when the republic is directed by an interim president. following the dissolution of the national assembly, the independent national electoral commission convokes the electors, with a view to the election, within a time period of sixty days which follow the date of publication of the ordinance of dissolution, of a new national assembly. section 4. of the judicial power paragraph 1. of general provisions article 149 [amended by law no. 11/002 of 20 january 2011.] the judicial power is independent of the legislative power and of the executive power. it is devolved to the courts and tribunals which are: the constitutional court, the court of cassation, the council of state, the high military court, as well as the civil and military courts and tribunals. justice is rendered on the whole of the national territory in the name of the people. the orders and the judgments as well as the ordinances of the courts and tribunals are executed in the name of the president of the republic. extraordinary tribunals or [tribunals] of exception may never be created under whatever denomination that may be. the law may create specialized jurisdictions. the judicial power has a budget drafted by the superior council of the magistrature and transmitted to the government to be included in the general budget of the state. the president of the court of cassation is its director. he is assisted by the permanent secretariat of the superior council of the magistrature. article 150 the judicial power is the guarantor of the individual freedoms and of the fundamental rights of the citizens. the judges are only subject, in the exercise of their functions, to the authority of the law. an organic law determines the status of the magistrates. the presiding magistrates may not be removed. they can only be transferred following a new appointment, or at their own demand or through a substantiated rotation decided by the superior council of the magistrature. article 151 the executive power may neither give orders to a judge in the exercise of his jurisdiction, nor decide on disputes, nor obstruct the course of justice, nor oppose the execution of a decision of justice. the legislative power may not decide on jurisdictional disputes, or modify a decision of justice, nor oppose its execution. any law of which the subject is manifestly to provide a solution to a juridical process in [its] course is void and of no effect. article 152 the superior council of the magistrature is the organ of management of the judicial power. the superior council of the magistrature is composed of the: president of the constitutional court; attorney [procureur] general before the constitutional court; first president of the court of cassation; attorney general before the court of cassation; first president of the council of state; attorney general before the council of state; first president of the high military court; auditor general before the high military court; first presidents of the courts of appeal; attorneys general before the courts of appeal; first presidents of the administrative courts of appeal; attorneys general before the administrative courts of appeal; first presidents of military courts; superior military auditors; two presiding magistrates by jurisdiction [ressort] of court[s] of appeal, elected by all of the magistrates of the jurisdiction for a mandate of three years; two prosecuting magistrates by jurisdiction of court[s] of appeal, elected by all of the magistrates of the jurisdiction for a mandate of three years; a presiding magistrate by jurisdiction of military court[s]; a prosecuting magistrate by jurisdiction of military court[s]. it drafts the proposals of appointment, of promotion and of dismissal of the magistrates. it exercises the disciplinary power over the magistrates. it gives its opinion on matters of recourse [for] pardon. an organic law determines the organization and the functioning of the superior council of the magistrature. paragraph 2. of the jurisdictions of the judicial order article 153 an order of judicial jurisdictions is instituted, composed of the civil and military courts and tribunals placed under the control of the court of cassation. without prejudice to the other competences which are assigned to it by this constitution or by the laws of the republic, the court of cassation takes cognizance of the appeals in cassation brought against the orders and judgments rendered in last resort by the civil and military courts and tribunals. under the conditions specified by the constitution and the laws of the republic, the court of cassation decides in the first and last resort on the infractions committed by: the members of the national assembly and the senate; the members of the government other than the prime minister; the members of the constitutional court; the magistrates of the court of cassation and the members of the prosecutorial office before that court; the members of the council of state and the members of the prosecutorial office before that council; the members of the court of accounts and the members of the prosecutorial office before that office; the first presidents of the courts of appeal as well as the attorneys general at these courts; the first presidents of the administrative courts of appeal and the attorneys general at these courts; the governors, and vice governors of the province and the provincial ministers. the presidents of the provincial assemblies. the civil and military courts and tribunals apply the duly ratified international treaties, the laws, [and] the regulatory acts, provided that they are in conformity with the laws as well as customary [law] unless the latter is contrary to the public order or to morality. the organization, the functioning and the competences of the jurisdictions of the judicial order are determined by an organic law. paragraph 3. of the jurisdictions of the administrative order article 154 an order of administrative jurisdictions is instituted composed of the council of state and of the administrative courts and tribunals. article 155 without prejudice to the other competences which are assigned to it by the constitution or the law, the council of state takes cognizance of in first and last resort, the recourses for violation of the law, brought against the acts, regulations and decisions of the central administrative authorities. it takes cognizance [,] on appeal[,]of the recourses against the decisions of the administrative courts of appeal. it takes cognizance, in the cases where no other competent jurisdictions exist, of the claims for indemnity concerning the reparation of an exceptional damage, material or moral, resulting from a measure taken or ordered by the authorities of the republic. it decides, in equity, taking into account all circumstances of public or private interest. the organization, the competence and the functioning of the jurisdictions of the administrative order are established by an organic law. paragraph 4. of the military jurisdictions article 156 the military jurisdictions take cognizance of the infractions committed by the members of the armed forces and by the national police. in times of war or when the state of siege or of urgency is proclaimed, the president of the republic, by a decision deliberated in the council of ministers, can suspend, on all or part of the republic and for a time period and for infractions that are determined, the repressive action of the courts and tribunals of common law in favor of those of the military jurisdictions. however, the right to appeal cannot be suspended. an organic law establishes the rules of competence, of organization and of functioning of the military jurisdictions. paragraph 5. of the constitutional court article 157 a constitutional court is instituted. article 158 the constitutional court consists of nine members appointed by the president of the republic; three on his own initiative, three designated by the parliament meeting in congress and three designated by the superior council of the magistrature. two-thirds of the members of the constitutional court must be jurists from among the magistrature, of the bar or from university education. the mandate of the members of the constitutional court is of nine years, nonrenewable. the constitutional court is renewed by thirds every three years. however, on each renewal, one member per group will be determined by the drawing of lots. the president of the constitutional court is elected by his peers for a time period of three years, renewable one time. he is invested by ordinance of the president of the republic. article 159 no one may be appointed as a member of the constitutional court: if he is not congolese; if he cannot demonstrate [a] proven experience of fifteen years in the judicial or political domain. article 160 the constitutional court is charged with the control of the constitutionality of the laws and of the acts having the force of law. the organic laws, before their promulgation, and the internal regulations of the parliamentary chambers and of the congress, of the independent national electoral commission as well as of the superior council for audiovisual and communication, before their entry into application, must be submitted to the constitutional court which rules on their conformity with the constitution. for the same end of examining [the] constitutionality, the laws may be referred to the constitutional court, before their promulgation, by the president of the republic, the prime minister, the president of the national assembly, the president of the senate or a tenth of the deputies or of the senators. the constitutional court decides within the time period of thirty days. however, at the demand of the government, if there is urgency, this delay is reduced to eight days. article 161 the constitutional court takes cognizance of the recourses for interpretation of the constitution on being referred to [the matter] by the president of the republic, by the government, by the president of the senate, by the president of the national assembly, by one-tenth of the members of each of the parliamentary chambers, by the provincial governors and by the presidents of the provincial assemblies. it resolves disputes concerning the presidential and legislative elections as well [concerning the] referendum. it takes cognizance of the conflicts of competence between the executive power and the legislative power as well as between the state and the provinces. it takes cognizance of the recourses against the orders rendered by the court of cassation and the council of state, only insofar as it decides on the attribution of the litigation to the jurisdiction of the judicial order or [to the] administrative [order]. this recourse is only receivable if a denial of jurisdiction has been raised by or before the court of cassation or the council of state. the modalities and the effects of the recourses referred to in the preceding paragraphs are determined by the law. article 162 the constitutional court is the judge of the exceptions of unconstitutionality raised before or by a jurisdiction. any person may refer the constitution court to [a matter concerning] the unconstitutionality of any legislative or regulatory act. in addition, he may refer the constitutional court to [a matter], by the procedure of the exception of unconstitutionality invoked in a matter concerning him before a jurisdiction. that [jurisdiction] stays [its] decision and refers the constitutional court to [it], all [other] matters ceasing. article 163 the constitutional court is the criminal jurisdiction for the head of the state and for the prime minister in the cases and conditions provided by the constitution. article 164 the constitutional court is the criminal judge for the president of the republic and the prime minister for the political infractions of high treason, of contempt of parliament, infringements of honor or of probity as well as crimes of privilege and for the other infractions of common law committed in the exercise or on the occasion of the exercise of their functions. it is equally competent to judge their co-authors and accomplices. article 165 without prejudice to the other provisions of this constitution, there is high treason when the president of the republic has intentionally violated the constitution or when he or the prime minister are identified [as] authors, coauthors or accomplices of grave violations and [those] characterized [as] violations of the rights of man, or of the cession of a part of the national territory. infringements of honor and of probity are notably when the personal comportment of the president of the republic or of the prime minister is contrary to morality or when they are identified as authors, co-authors or accomplices of embezzlement, of corruption or illicit enrichment. there is crime of privilege of the president of the republic or of the prime minister when he conducts activities concerning immovable assets or merchandise with regard to which he possesses privileged information and by which he profited before this information was made known to the public. the crime of privilege encompasses the purchase and the selling of shares based on information which would never be divulged to the shareholders. there is contempt of parliament when[,] on the questions posed by either of the chambers of parliament on the governmental activity, the prime minister does not furnish any response within a time period of thirty days. article 166 the decision to prosecute as well as to bring charges against the president of the republic and the prime minister are voted by a majority of two-thirds of the members of parliament assembled in congress following the procedure specified by the internal regulations. the decision to prosecute as well as to bring charges against the members of the government are voted by an absolute majority of the members composing the national assembly following the procedures specified by the internal regulations. the members of the government [so] charged, present their resignation. article 167 in case of conviction, the president of the republic and the prime minister are relieved of their responsibilities. the termination is declared by the constitutional court. for the infractions committed outside of the exercise of their functions, the prosecutions against the president of the republic and the prime minister are suspended until the expiration of their mandates. during this time, prescription is suspended. article 168 the orders of the constitutional court are not susceptible to any recourse and are immediately executory. they are obligatory and [are] imposed on the public powers, on all the administrative, and jurisdictional, [and] civil and military authorities as well as on individuals. any act declared non-conforming to the constitution is null[,] of right. article 169 the organization and functioning of the constitutional court are determined by an organic law. section 5. of public finance paragraph 1. of general provisions article 170 the congolese franc is the monetary unit of the democratic republic of the congo. it has the power of legal tender [pouvoir libã©ratoire] on all the national territory. article 171 the finances of the central power and those of the provinces are separate. article 172 the fiscal year starts on the first of january and terminates on 31 december. article 173 the general account of the republic is submitted each year to parliament by the court of accounts with its observations. the general account of the republic is ordered [arrãªtã©] by the law. article 174 taxes can only be established by the law. the contribution to the public expenses constitutes a duty for every person living in the democratic republic of the congo. tax exemption or relief can only be established by virtue of the law. article 175 the budget of receipts and of expenses of the state, specifically that of the central power and of the provinces, is ordered each year by a law. the percentage of receipts of national character allocated to the provinces is prescribed at 40%. it is retained at its source. the law establishes the nomenclature of the other local receipts and the modalities of their distribution. paragraph 2. of the central bank article 176 the central bank of congo is the issuing institution of the democratic republic of the congo. in this capacity, its mission includes: the guarding of the public funds; monetary safeguarding and [monetary] stability; the definition and the implementation of monetary policy; the control of all banking activities; the economic and financial council of the government. for the realization of these missions and attributions, the central bank of the congo is independent and enjoys autonomy of management. article 177 the organization and functioning of the central bank of the congo are established by an organic law. paragraph 3. of the court of accounts article 178 a court of accounts is instituted in the democratic republic of the congo. the court of accounts relates to the national assembly. the members of the court of accounts are appointed, relieved of their functions and, the case requiring, revoked by the president of the republic, after the opinion of the national assembly. the members of the court of accounts must demonstrate a high qualification in financial, juridical or administrative matters and a professional experience of at least ten years. article 179 the composition, the organization and the functioning of the court of accounts are established by an organic law. article 180 the court of accounts controls, under the conditions established by the law, the management of the finances of the state, of the public assets as well as the accounts of the provinces, of the decentralized territorial entities as well as the public organs. it publishes each year, a report remitted to the president of the republic, to the parliament and to the government. the report is published in the journal officiel. paragraph 4. of the caisse nationale de pã©rã©quation [national fund for equalization] article 181 a caisse nationale de pã©rã©quation is instituted. it is endowed with juridical personality. the caisse nationale de pã©rã©quation has the mission to finance the projects and programs of public investment, with a view to assure nationally solidarity and to correct the unequal development between the provinces and between the other decentralized territorial entities. it disposes of a budget provided by the public treasury at the rate of ten percent of all the receipts of national character due to the state each year. it is placed under the oversight of the government. an organic law establishes its organization and its functioning. section 6. of the national police and of the armed forces paragraph 1. of the national police article 182 the national police is responsible for the public security, the security of persons and of their assets, of the maintenance and of the re-establishment of the public order as well as the close protection of the high authorities. article 183 the national police is apolitical. it is at the service of the congolese nation. no one may direct it for his own purposes. the national police exercises its acts on the whole of the national territory with respect for this constitution and the laws of the republic. article 184 the national police is subject to the local civil authority and is placed under the responsibility of the minister who has interior affairs among his attributions. article 185 the personnel [effectifs], at all levels, [and] the functions of command at all times and in all circumstances, must take account of objective criteria linked to both physical aptitude, to sufficient instruction and to a proven morality as well as to an equitable representation of the provinces. article 186 an organic law establishes the organization and the functioning of the national police. paragraph 2. of the armed forces article 187 the armed forces consist of the land force, the air force, the naval force and their services of support. they have the mission to defend the integrity of the national territory and the frontiers. under the conditions specified by the law, they participate, in times of peace, in the economic, social and cultural development as well as the protection of persons and of their assets. article 188 the armed forces are republican. they are at the service of the entire nation. no one may, under penalty of high treason, direct them for their own purposes. they are apolitical and subject to the civil authority. article 189 the personnel, at all levels, [and] the functions of command at all times and in all circumstances, must take account of objective criteria linked to both physical aptitude, to sufficient instruction and to a proven morality as well as to an equitable representation of the provinces. article 190 no one may, under penalty of high treason, organize military groups, paramilitary [groups] or private militias, or maintain a youth army. article 191 an organic law determines the organization and the functioning of the armed forces. article 192 a superior council of defense is instituted. the superior council of defense is presided over by the president of the republic and, in the case of his absence or incapacity, by the prime minister. an organic law determines the organization, the composition, the attributions and the functioning of the superior council of defense. section 7. of the public administration article 193 the public administration is apolitical, neutral and impartial. no one may direct it for personal or partisan ends. it consists of the public function [fonction publique] as well as similar organs and services. article 194 an organic law establishes the organization and the functioning of the public services of the central power, of the provinces and of the decentralized territorial entities. chapter 2. of the provinces section 1. of the provincial political institutions article 195 the provincial institutions are: the provincial assembly; the provincial government. article 196 the provinces are organized in accordance with the principles provided by article 3 of this constitution. the territorial subdivisions interior to the provinces are determined by an organic law. article 197 [amended by law no. 11/002 of 20 january 2011.] the provincial assembly is the deliberative organ of the province. it deliberates in the domain of the competences reserved to the province and controls the provincial government as well as the provincial and local public services. it legislates by way of edict. its members are called provincial deputies. they are elected by universal, direct and secret suffrage or designated [cooptã©s] for a mandate of five years, renewable. the number of the designated provincial deputies may not exceed a tenth of the members composing the provincial assembly. without prejudice to the other provisions of this constitution, the provisions of articles 100, 101, 102, 103, 107, 108, 109 and 110 are applicable, mutatis mutandis, to the provincial assemblies and to their members. when a grave and persistent political crisis threatens to interrupt the regular functioning of the provincial institutions, the president of the republic can, by an ordinance deliberated in the council of ministers and after agreement with the bureaus of the national assembly and of the senate, dissolve the provincial assembly. in this case, the independent national electoral commission organizes the provincial elections within a time period of sixty days counting from the dissolution. in case of force majeure, this time period can be prolonged to one hundred twenty days at most, by the constitutional court referred to [the matter] by the independent national electoral commission. article 198 [amended by law no. 11/002 of 20 january 2011.] the provincial government consists of a governor, of a vice governor and of the provincial ministers. the governor and the vice governor are elected for a mandate of five years, renewable one time, by the provincial deputies from within or from outside of the provincial assembly. they are invested by ordinance of the president of the republic. the provincial ministers are designated by the governor from within or from outside of the provincial assembly. the composition of the provincial government takes into account the provincial representation. the number of provincial ministers may not exceed ten. before entering into [his] functions, the governor presents to the provincial assembly the program of his government. when this program has been approved by an absolute majority of the members composing the provincial assembly, it invests the ministers. the members of the provincial government can be, collectively or individually, relieved of their functions by the vote of a motion of censure or of no confidence of the provincial assembly. the provisions of the articles 146 and 147 of this constitution apply, mutatis mutandis, to the members of the provincial government. when a grave and persistent political crisis threatens to interrupt the regular functioning of the provincial institutions, the president of the republic can, by an ordinance deliberated in the council of ministers and after agreement with the bureaus of the national assembly and of the senate, relieve the governor of a province of his functions. in this case, the independent national electoral commission organizes the election of a new governor within a time period of thirty days. article 199 two or more provinces can, by common accord, create a framework for the harmonization and coordination of their respective policies and manage in common certain services of which the attribution concerns matters within their competence. article 200 a conference of provincial governors is instituted. it has the mission to issue opinions and to formulate suggestions on the policy to be taken and the legislation to be enacted by the republic. the conference of provincial governors is composed, in addition to the provincial governors, of the president of the republic, of the prime minister and of the minister of the interior. any other member of the government may be invited into it. it is presided over by the president of the republic. it meets at least twice per year on convocation of its president. it is held by rotation in each province. an organic law determines the modalities of the organization and of the functioning. section 2. of the distribution of competences between the central power and the provinces article 201 the division of competences between the central power and the provinces is established by this constitution. the matters are, either of the exclusive competence of the central power, or of the concurrent competence of the central power and the provinces, or of the exclusive competence of the provinces. article 202 without prejudice to the other provisions of this constitution, the following matters are of the exclusive competence of the central power: foreign affairs including diplomatic relations as well as international treaties and agreements; the regulation of foreign trade; nationality, status and the policing of foreigners; extradition, immigration, emigration and the issuance of passports and of [the]visa; the external security; the national defense; the national police; the national public function; the public finances of the republic; the establishment of taxes on revenue, taxes on [commercial] societies and personal taxes in accordance with article 174; the public debt of the republic; foreign loans for the needs of the republic or of the provinces; domestic loans for the needs of the republic; the currency, the issuance of currency and the power of legal tender of the currency; weights, measures and informatics; customs and the regime [droits] of importation and exportation; regulation concerning banks and banking and exchange operations; exchange regulations; literary, artistic and industrial property and patents; posts and telecommunications, including telephones and telegraphs, broadcasting, television and satellites; maritime and internal navigation, air routes, railways, the routes and other means of communication, natural or artificial, which connect two or more provinces or the territory of the republic to a foreign territory or which a national law has declared of national interest although they may be entirely situated on the territory of a province; the universities and other establishments of superior scientific, technical or professional education created or subsidized by the central government or by the provincial governments and which a national law has declared of national interest; the establishment of norms of education applicable to all the territories of the republic; the acquisition of assets for the needs of the republic, without prejudice to the provisions of article 34; the elaboration of agricultural, forestry and energy programs of national interest and the coordination of programs of provincial interest; the agencies [offices] of agricultural products and the similar organs as well as the deployment [rã©partition] of the personnel [cadres], in accordance with the status of the career officers of the public services of the state; the energy, agricultural and forestry regimes concerning hunting and fishing, concerning the conservation of nature (flora and fauna), concerning the capture [and] breeding of animals, foodstuffs of animal origin and concerning the veterinary arts; the protection against dangers caused by energy or by radiation and the elimination of radioactive substances; the prevention of abuses by the economic forces [puissances]; the historical patrimony, the public monuments and the parks declared of national interest; the meteorologic services and the technical coordination of the services of surveying, of cartography and of hydrography; the appointment and the assignment of the provincial inspectors of primary, secondary, professional and special education; statistics and census-taking of national interest; national planning; scientific and technological research; the national development [directeurs] plans concerning the development of basic infrastructure, notably the ports, the airports and the railway stations; the assistance for war veterans and [those] handicapped by war; legislation concerning[,] notably; the code of commerce, including insurance, the constitution and approval [agrã©ment] of companies; the penal code and the prison regime; the code of judicial organization and competence and the judicial code; legislation on the liberal professions; labor legislation including notably the laws governing the relations between employers and workers, the security of workers, the rules concerning social security and, in particular, the rules concerning social insurance and involuntary unemployment; economic legislation including the laws concerning mines, minerals and mineral oils, the industry, the energy sources and the conservation of natural resources; legislation on the arts and trades; legislation [concerning] medicine and the art of healing, preventive medicine, notably hygiene, the public health and the protection of mother and child, legislation on the profession of pharmacist, on pharmaceutical commerce, on immigration and transit, bilateral and international sanitary regulations, legislation on hygiene at work, the technical coordination of medical laboratories and the distribution [rã©partition] of doctors; the electoral law; legislation on the fabrication, the rectification, the importation, the exportation and the selling of alcohol obtained by distillation; legislation on the fabrication, the importation, the exportation, [and] the selling of alcoholic and non-alcoholic drinks; legislation on the fabrication, the importation, the exportation [and] the transit of materiel of war; legislation on the artificial insemination of the human being, on the manipulation of genetic information and on the transplantation of human organs and tissues; legislation on refugees, the expelled and displaced persons; legislation on the admission to the medical professions and to the other professions and activities. article 203 without prejudice to the other provisions of this constitution, the following matters are of the concurrent competence of the central power and the provinces: the implementation of the mechanisms of promotion and of protection of the human rights and fundamental freedoms consecrated in this constitution; the civil and customary rights; statistics and census-taking; domestic security; the administration of courts and tribunals, jails and correctional facilities [maisons] and prisons; culture and sports life; the establishment of taxes, including excise taxes and [taxes] on consumables, with the exclusion of the taxes specified in article 174; the execution of measures concerning the policing of foreigners; scientific and technological research as well as scholarships, the continuation [perfectionnement] and encouragement of research; medical and philanthropic institutions, the employment of supervisors for medical and agricultural personnel; the implementation of programs of meteorology, of geology, of cartography and of hydrology; natural disasters; the press, radio, television, and the film industry; civil protection; tourism; land and mining rights, territorial management, the regime of waters and forests; the prevention of human and animal epidemics dangerous to the collectivity; protection of the environment, of natural sites, of landscapes and of the conservation of sites; the regulation concerning the regimes [of] energy, agriculture and forests, livestock, [and] foodstuffs of animal or vegetable origin; the creation of establishments of primary, secondary, superior and university [education]; road traffic, automotive traffic [circulation], the construction and maintenance of routes of national interest, the collection and distribution of tolls for the use of routes constructed by the central power and/or by the province; medical and philanthropic institutions; the initiative of projects, programs and agreements of international economic, cultural, scientific and social cooperation; the production, transport, use and exploitation of energy; the protection of vulnerable groups and persons. article 204 without prejudice to the other provisions of this constitution, the following matters are of the exclusive competence of the provinces: the development plan of the province; inter-provincial cooperation; the provincial and local public function; the application of the norms concerning civil estate; the provincial public finances; the provincial public debt; domestic loans for the needs of the provinces; the issuance and conservation of titles of real property with respect for the national legislation; the organization of the small commerce [at the] frontier [petit commerce frontalier]; the organization and the functioning of the provincial public services, establishments and public enterprises with respect for the national legislation; public works and contracts [marchã©s] of provincial and local interest; the acquisition of assets for the needs of the province; maternal, primary, secondary, professional and special education as well as literacy of citizens, in accordance with the norms established by the central power; the establishment of fines and prison penalties to assure the respect for edicts in accordance with the national legislation; internal communications of the provinces; provincial and local taxes, and duties and assessments [droits], notably property tax, tax on local revenue and the tax on motor vehicles; the establishment of provincial minimum wages, in accordance with the national legislation; the assignment of the medical personnel, in accordance with the status of the career officers of the public services of the state, the drafting of programs of sanitation and of the struggle against endemic/epidemic diseases in accordance with the national plan: the organization of the services for provincial hygiene and prophylaxis, the application and control of the national medical and pharmaceutical legislation as well as the organization of the services of curative medicine, of philanthropic and missionary services, of medical laboratories and of pharmaceutical services, of the organization and promotion of primary health care; the drafting of mining, mineralogy, industrial [and] energy programs of provincial interest and their execution in accordance with the general norms of national planning; the drafting of agricultural and forestry programs and their execution in accordance to the norms of national planning, the assignment of agricultural personnel, [and] of the staff [cadres] in accordance with the provisions of the status of the career officers of the public services of the state, the application of the national legislation concerning agriculture, the forest, hunting and fishing as well as the environment, the conservation of nature and the capture of wild animals, the organization and the control of agricultural campaigns, the establishment of prices for agricultural products; the assignment in the province of veterinary personnel, in accordance with the provisions of the status of the career officers of the public services of the state; the drafting of programs of campaigns for animal health and the application of measures of veterinarial sanitation policing, notably in that which concerns frontier posts and quarantine; the organization of vaccination campaigns against animal diseases, the organization of laboratories, clinics and dispensary providers as well as the application of the national legislation in veterinary matters, [and] the organization of the promotion of basic health; tourism, the historical patrimony, the public monuments and the parks of provincial and local interest; urban und rural housing, highway maintenance [voirie] and the collective provincial and local equipment; the inspection of provincial cultural and sports activities; the exploitation of non-nuclear sources of energy and the production of water for the needs of the province; the execution of measures of the rights of residence and establishment of foreigners, in accordance with the law; the execution of customary law; provincial planning. article 205 a provincial assembly cannot legislate on the matters of the exclusive competence of the central power. reciprocally, the national assembly and the senate cannot legislate on the matters of the exclusive competence of a province. however, the national assembly and the senate may, by a law, enable a provincial assembly to make edicts on the matters of the exclusive competence of the central power. when the national assembly and the senate terminate the delegation of power so given to the provincial assembly, the provisions of the provincial edicts promulgated in matters of the exclusive competence of the central power by virtue of the delegation of power, remain nevertheless in force in the interested province until a national law has regulated those matters. in parallel, a provincial assembly can, by an edict, enable the national assembly and the senate to legislate on matters of the exclusive competence of the province. when the provincial assembly terminates the delegation of power so given to the national assembly and the senate, the provisions of the national laws promulgated in the matters of the exclusive competence of the provinces, by virtue of the delegation of power, remain nevertheless in force in the interested province until a provincial edict has regulated them. in the matters concerning the concurrent competence of the central power and the provinces, any provincial edict incompatible with the national laws and regulations of execution is null and abrogated of plain right, to the extent that there is incompatibility. the national legislation takes precedence over the provincial edict. article 206 excepting provisions of the national legislation to the contrary, the provincial governments execute, by the intermediary of their services, the national laws and regulations. section 3. of the customary authority article 207 the customary authority is recognized. it is devolved conforming to local custom, provided that it is not contrary to the constitution, to the law, to public order and to good morals. each customary chief [who] desires to exercise a public elective mandate must submit himself to election, except in application of the provisions of article 197, paragraph 3 of this constitution. the customary authority has the duty to promote national unity and cohesion. a law establishes the status of the customary chiefs. title iv. of the economic and social council article 208 an economic and social council is instituted in the democratic republic of the congo. article 209 the economic and social council has the mission to give its consultative advice on the economic and social questions submitted to it by the president of the republic, the national assembly, the senate and the government. it can, on its own initiative, bring the attention of the government and of the provinces to the reforms which appear to it as favorable to the economic and social development of the country. article 210 an organic law determines the organization and the functioning of the economic and social council. title v. of the institutions in support of democracy chapter 1. of the independent national electoral commission article 211 an independent national electoral commission is instituted with juridical personality. the independent national electoral commission is responsible for the organization of the electoral process, notably of the registration of the electors, of the maintenance of the electoral list [fichier ã©lectoral], the operations of the vote, of the counting and of any referendum. it assures the regularity of the electoral and referendum process. an organic law establishes the organization and the functioning of the independent national electoral commission. chapter 2. of the superior council for audiovisual media and of communication article 212 a superior council for audiovisual media and of communication is instituted with juridical personality. it has the mission to guarantee and to assure the freedom and the protection of the press, as well as of all the means of mass communication with respect for the law. it sees to the respect for that which is dutiful [de la dã©ontologie] in matters of information and to the equitable access of the political parties, of the associations and of the citizens to the official means of information and of communication. the composition, the attributions, the organization and the functioning of the superior council for audiovisual media and communication are established by an organic law. title vi. of the international treaties and agreements article 213 the president of the republic negotiates and the ratifies international treaties and agreements. the government concludes the international agreements not submitted to ratification after deliberation in the council of ministers. it so informs the national assembly and the senate. article 214 the peace treaties, the treaties of commerce, the treaties and agreements of concern to the international organizations and to the regulation of international conflicts, those which engage the public finances, those which modify the legislative provisions, those which concern the status of persons, [and] those which involve the exchange and addition of territory, may only be ratified or approved by virtue of a law. no cession, no exchange [or] no addition of territory is valid without the agreement of the congolese people consulted by way of referendum. article 215 the international treaties and agreements, regularly concluded, have, on their publication, an authority superior to that of the laws, under reserve for each treaty and agreement, of its the application by the other party. article 216 if the constitutional court consulted by the president of the republic, by the prime minister, the president of the national assembly or the president of the senate, by a tenth of the deputies or a tenth of the senators, declares that an international treaty or agreement includes a clause contrary to the constitution, the ratification or approval may only intervene after the revision of the constitution. article 217 the democratic republic of the congo may conclude treaties or agreements of association or of community which involve a partial relinquishment of sovereignty with a view to promote african unity. title vii. of the revision of the constitution article 218 [amended by law no. 11/002 of 20 january 2011.] the initiative of the constitutional revision belongs concurrently: to the president of the republic; to the government after deliberation in the council of ministers; to either of the chambers of the parliament at the initiative of half of its members; to a fraction of the congolese people, with the concurrence of 100,000 persons, expressed by petition addressed to one of the two chambers. each of these initiatives is submitted to the national assembly and to the senate which decide, with the absolute majority of each chamber, on the substance of the bill, of the proposal or of the petition for revision. the revision is only definitive if the bill, the proposal or the petition is approved by referendum on the convocation of the president of the republic. however, the bill, the proposal or the petition is not submitted to referendum when the national assembly and the senate meeting in congress approve it by the majority of three-fifths of the members composing it. article 219 no revision may intervene during the state of war, the state of urgency or the state of siege, or during the interim in the presidency of the republic or when the national assembly and the senate are prevented from meeting freely. article 220 the republican form of the state, the principle of universal suffrage, the representative form of government, the number and the duration of the mandates of the president of the republic, the independence of the judicial power, [and] political and trade union pluralism, cannot be made the object of any constitutional revision. any constitutional revision having for its object or for [its] effect the reduction of the rights and freedoms of the person or the reduction [of] the prerogatives of the provinces and the decentralized territorial entities is formally prohibited. title viii. of the transitory and final provisions article 221 provided that they are not contrary to this constitution, the legislative and regulatory texts in force continue to maintain it until their abrogation or their modification. article 222 the political institutions of the transition remain in function until the effective installation of the corresponding institutions provided for by this constitution, and exercise their attributions in accordance with the constitution of the transition. the institutions in support of democracy are dissolved of plain right on the installation of the new parliament. however, by organic law, the parliament may, if necessary, institute other institutions in support of democracy. article 223 until the installation of the constitutional court, of the council of state and of the court of cassation, the supreme court of justice exercises the attributions devolved to them by this constitution. article 224 until the installation of the jurisdictions of the administrative order, the courts of appeal exercise the competences devolved to the administrative courts of appeal. article 225 the court of security of the state [cour de suretã© de l'etat] is dissolved on the entry into force of this constitution. article 226 [amended by law no. 11/002 of 20 january 2011.] a program-law establishes the modalities of installation of the new provinces cited in article 2 of this constitution. until [that time], the democratic republic of congo is composed of the city of kinshasa and of the following ten provinces [which are] endowed with juridical personality: bandundu, bas-congo, equateur, kasai-occidental, kasai-oriental, katanga, maniema, nord-kivu, province orientale, sud-kivu. article 227 the provinces which are enumerated by article 2 of this constitution constitute the electoral circumscriptions of the senators of the first legislature. the electoral law determines the conditions of attribution for an additional quota to the city of kinshasa for the election of the senators. article 228 without prejudice to the provisions of article 222, paragraph 1, the transitional constitution of the transition of 4 april 2003 is abrogated. article 229 this constitution, adopted by referendum, enters into force on its promulgation by the president of the republic. i article 1 iceland is a republic with a parliamentary government. article 2 althingi and the president of iceland jointly exercise legislative power. the president and other governmental authorities referred to in this constitution and elsewhere in the law exercise executive power. judges exercise judicial power. ii article 3 the president of iceland shall be elected by the people. article 4 any person who is at least thirty-five years of age and fulfills the requirements necessary to vote in elections to althingi, with the exception of the residency requirement, is eligible to be elected president. article 5 the president shall be elected by direct, secret ballot of those who are eligible to vote in elections to althingi. a presidential candidate shall be proposed by not less than 1500 voters and not more than 3000. the candidate, if there is more than one, who receives the most votes is duly elected president. if there is only one candidate, he is duly elected without a vote. further provision for the candidature and election of the president shall be made by law, and it may be provided that a specific number of proposers shall reside in each quarter of the country in proportion to the number of voters there. article 6 the president’s term of office begins on the 1st of august and ends on the 31st of july four years later. the election of president takes place in june or july of the year in which a term of office expires. article 7 if the president dies or resigns prior to the expiry of his term of office, a new president shall be elected for a period ending on the 31st of july of the fourth year from the election. article 8 if the office of president of the republic becomes vacant or if the president is unable to perform his duties due to a stay abroad, illness, or other reasons, the prime minister, the president of althingi and the president of the supreme court shall exercise presidential authority. the president of althingi shall preside at their meetings. in a divergence of opinion among them, the majority shall prevail. article 9 the president of the republic may not be a member of althingi or accept paid employment in the interest of any public institution or private enterprise. disbursements from state funds to the president or those who exercise presidential authority shall be established by law. these disbursements to the president may not be reduced during his term of office. article 10 on assuming office, the president shall take an oath or pledge to uphold the constitution. two identical originals shall be executed of this oath or pledge. one shall be kept by althingi and the other by the national archives. article 11 the president of the republic may not be held accountable for executive acts. the same applies to those who exercise presidential authority. the president may not be prosecuted on a criminal charge except with the consent of althingi. the president may be removed from office before his term expires if approved by a majority in a plebiscite called pursuant to a resolution adopted by three-fourths of the members of althingi. this plebiscite shall be held within two months from the date of adoption by althingi of the resolution. the president shall not perform his duties from the time the resolution is adopted by althingi until the results of the plebiscite are known. if the resolution by althingi is not approved in the plebiscite, althingi shall be immediately dissolved and new elections called. article 12 the president of the republic shall reside in or near reykjavik. article 13 the president entrusts his authority to ministers. the seat of government is in reykjavik. article 14 ministers are accountable for all executive acts. the accountability of the ministers is established by law. althingi may impeach ministers on account of their official acts. the court of impeachment has competence in such cases. article 15 the president appoints ministers and discharges them. he determines their number and assignments. article 16 the state council is composed of the president of the republic and the ministers and is presided over by the president. laws and important government measures shall be submitted to the president in the state council. article 17 ministerial meetings shall be held in order to discuss new legislative proposals and important state matters. furthermore, ministerial meetings shall be held if a minister wishes to raise a matter there. the meetings shall be presided over by the minister called upon by the president of the republic to do so, who is designated prime minister. article 18 the minister who has signed a measure shall, as a rule, submit it to the president. article 19 the signature of the president validates a legislative act or government measure when countersigned by a minister. article 20 the president appoints public officials as provided by law. no person may hold public office unless he has icelandic nationality. each public official shall take an oath or pledge to uphold the constitution. the president may remove from office any official whom he has appointed. the president may transfer officials from one office to another provided that their official remuneration is not reduced, and that they have an option between such transfer and retirement with a pension, or old-age benefits, as prescribed by law. certain categories of officials, in addition to those mentioned in article 61, may be exempted by law from this provision. article 21 the president of the republic concludes treaties with other states. unless approved by althingi, he may not make such treaties if they entail renouncement of, or servitude on, territory or territorial waters, or if they require changes in the state system. article 22 the president of the republic shall convene althingi not later than ten weeks after general elections. the president opens regular sessions of althingi each year. article 23 the president of the republic may adjourn sessions of althingi for a limited period of time, but not exceeding two weeks nor more than once a year. althingi may, however, authorize the president to deviate from this provision. if sessions of althingi have been adjourned, the president of the republic may nevertheless convene althingi as deemed necessary. moreover, the president is obliged to do so upon the request of a majority of the members of althingi. article 24 the president of the republic may dissolve althingi. a new election must take place within 45 days from the announcement of the dissolution. althingi shall convene not later than ten weeks after its dissolution. members of althingi shall retain their mandate until election day. article 25 the president of the republic may have bills and draft resolutions submitted to althingi. article 26 if althingi has passed a bill, it shall be submitted to the president of the republic for confirmation not later than two weeks after it has been passed. such confirmation gives it the force of law. if the president rejects a bill, it shall nevertheless become valid but shall, as soon as circumstances permit, be submitted to a vote by secret ballot of all those eligible to vote, for approval or rejection. the law shall become void if rejected, but otherwise retains its force. article 27 all laws shall be published. the form of publication and the implementation of laws shall be in accordance with law. article 28 in case of urgency, the president may issue provisional laws when althingi is not in session. such laws must not, however, be contrary to the constitution. they shall always be submitted to althingi as soon as it convenes. if althingi does not approve a provisional law, or if it does not complete its consideration of the law within six weeks after convening, the law shall become void. a provisional budget may not be issued if althingi has passed the budget for the fiscal year. article 29 the president may decide that the prosecution for an offense be discontinued if there are strong reasons therefor. the president grants pardon and amnesty. however, he may not absolve a minister from prosecution or from a punishment imposed by the court of impeachment, unless approved by althingi. article 30 the president, or other governmental authorities entrusted by the president, grants exemptions from laws in accordance with established practice. iii article 31 althingi shall be composed of 63 members elected by the people by secret ballot on the basis of proportional representation for a term of four years. electoral districts shall be no fewer than six and no more than seven in number. their boundaries shall be defined by law; however, the national election board may define the boundaries of the electoral districts in reykjavik and its vicinity. for each respective electoral district, six seats shall be allocated in accordance with the outcome of elections within that district. the number of parliamentary seats for each electoral district shall in other respects be defined by law, subject however to the provisions of the fifth paragraph. seats other than those allocated to the electoral districts shall be distributed within each respective electoral district with the purpose of providing individual political parties with representation reflecting to the fullest possible extent each party’s total number of votes. however, only political parties having received at least five per cent of all valid votes cast nation-wide shall be eligible for such distribution. if the number of voters on the voting register represented by each parliamentary seat, allocated or distributed, becomes in one electoral district one half of the number represented by each parliamentary seat in another electoral district, the national election board shall revise the number of seats representing each electoral district with the aim of reducing this difference. this shall be provided for in further detail by law. provisions of law relating to election district boundaries and the methods of allocating seats in parliament can only be amended by a two-thirds majority in althingi. article 32 sessions of althingi are held in one chamber. article 33 all persons who, on the date of an election, are 18 years of age or older and have icelandic nationality have the right to vote in elections to althingi. permanent domicile in iceland, on the date of an election, is also a requirement for voting, unless exceptions from this rule are stipulated in the law on elections to althingi. further provisions regarding elections to althingi shall be laid down in the law on elections. article 34 every national having the right to vote in elections to althingi and an unblemished reputation is eligible to be elected to althingi. supreme court judges, however, are not eligible. iv article 35 althingi shall convene for a regular session every year on the 1st of october or, if the day falls on an official holiday, on the following weekday, and continue in session until the same date the following year, unless the election period of members of althingi has elapsed earlier or althingi has been dissolved. the opening date of the regular session of althingi may be changed by law. article 36 althingi is inviolate. no person may disturb its peace or violate its freedom. article 37 althingi shall normally convene in reykjavik, but under special circumstances the president of the republic may order that althingi convene at another place in iceland. article 38 members of althingi and ministers are entitled to introduce bills and draft resolutions. article 39 althingi may appoint committees of its members in order to investigate important matters of public interest. althingi may grant authority to such committees to request reports, oral or written, from officials as well as from individuals. article 40 no tax may be imposed, altered or abolished except by law. nor may loans, indebting the state, be taken or any real estate belonging to the state or the use thereof sold or in any other way disposed of, except by authority in law. article 41 no disbursement may be made unless authorized in the budget or the supplementary budget. article 42 a budget proposal for the coming fiscal year, containing a report on the revenue and expenditure of the state, shall be submitted to each regular session of althingi upon it being convened. article 43 the financial accounts of the state, its institutions and administrative bodies, shall be subject to an audit by, or under the supervision of althingi, as provided by law. article 44 no bill may be passed until it has received three readings in althingi. article 45 regular elections to althingi shall take place not later than at the end of the electoral term. the beginning and end of the electoral term is on the same day of the week in a month, counting from the beginning of the month. article 46 althingi decides whether its members are legally elected and also whether a member has lost eligibility for election to althingi. article 47 each new member of althingi shall take a pledge to uphold the constitution when his election has been approved. article 48 members of althingi are bound solely by their conviction and not by any instructions from their constituents. article 49 no member of althingi may be subjected to custody on remand during a session of althingi without the consent of althingi, nor may a criminal action be brought against him unless he is caught in the act of committing a crime. no member of althingi may be held accountable outside althingi for statements made by him in althingi, except with the consent of althingi. article 50 if a member of althingi loses eligibility for election to althingi, he forfeits those rights that the election brought him. article 51 ministers are entitled to a seat in althingi and, by virtue of their office, have the right to participate in its debates as often as they may desire, but they must observe the rules of procedure. they have the right to vote only if they are at the same time members of althingi. article 52 althingi elects a president, who presides over its proceedings. article 53 althingi may not take a decision unless a quorum of more than half of its members are present at the meeting and take part in the voting. article 54 each member of althingi may request, subject to the permission of althingi, information from a minister or an answer regarding a public matter, by tabling a question or requesting a report. article 55 althingi may not admit for consideration any matter unless introduced by one of its members or a minister. article 56 should althingi not find cause to take a decision on a given matter it can refer it to a minister. article 57 meetings of althingi shall be held in public. nevertheless, the president of althingi, or the quorum stipulated by the rules of procedure, may request that all those not members of althingi be excluded. the meeting shall then decide whether the matter shall be debated in a public or a closed session. article 58 the rules of procedure of althingi shall be determined by law. v article 59 the organization of the judiciary can only be established by law. article 60 judges settle all disputes regarding the competence of the authorities. no one seeking a ruling thereon can, however, temporarily evade obeying an order from the authorities by submitting the matter for a judicial decision. article 61 in the performance of their official duties, judges shall be guided solely by the law. those judges who do not also have administrative functions cannot be discharged from office except by a judicial decision, nor may they be transferred to another office against their will, except in the event of re-organization of the judiciary. however, a judge who has reached the age of 65 may be released from office, but judges of the supreme court shall not lose any of their salary. vi article 62 the evangelical lutheran church shall be the state church in iceland and, as such, it shall be supported and protected by the state. this may be amended by law. article 63 all persons have the right to form religious associations and to practice their religion in conformity with their individual convictions. nothing may however be preached or practised which is prejudicial to good morals or public order. article 64 no one may lose any of his civil or national rights on account of his religion, nor may anyone refuse to perform any generally applicable civil duty on religious grounds. everyone shall be free to remain outside religious associations. no one shall be obliged to pay any personal dues to any religious association of which he is not a member. a person who is not a member of any religious association shall pay to the university of iceland the dues that he would have had to pay to such an association, if he had been a member. this may be amended by law. vii article 65 everyone shall be equal before the law and enjoy human rights irrespective of sex, religion, opinion, national origin, race, colour, property, birth or other status. men and women shall enjoy equal rights in all respects. article 66 no one may be deprived of icelandic citizenship. loss of citizenship may, however, be provided for by law, in the event a person accepts citizenship in another state. an alien can only be granted icelandic citizenship according to law. an icelandic citizen cannot be barred from entering iceland nor expelled there from. the rights of aliens to enter and reside in iceland, and the reasons for which they may be expelled, shall be laid down by law. no one may be barred from leaving iceland except by judicial decision. a person may however be prevented from leaving iceland by lawful arrest. every person lawfully residing in iceland shall be free to choose his residence and shall enjoy freedom of travel subject to any limitations laid down by law. article 67 no one may be deprived of his liberty except as permitted by law. any person deprived of his liberty shall be entitled to be informed promptly of the reasons for this measure. any person arrested by reason of suspicion of criminal conduct shall be brought before a judge without undue delay. if he is not released at once, the judge shall, within 24 hours, issue a reasoned decision on whether he shall be detained on remand. detention on remand may only be ordered due to a charge subject to heavier sanctions than fines or punitive custody. the right of a person detained on remand to refer the decision on his remand to a superior court shall be guaranteed by law. a person shall never be detained on remand for longer than necessary; if the judge deems that he may be released on bail the amount of bail shall be determined by a judicial order. any person deprived of his liberty for other reasons shall be entitled to have the legality of the measure reviewed by a court as soon as possible. if his deprivation of liberty proves to have been unlawful he shall be released forthwith. any person deprived of his liberty without valid reason shall have a right to compensation. article 68 no one may be subjected to torture or any other inhuman or degrading treatment or punishment. no one shall be required to perform compulsory labour. article 69 no one may be subjected to punishment unless found guilty of conduct that constituted a criminal offence according to the law at the time when it was committed, or is totally analogous to such conduct. the sanctions may not be more severe than the law permitted at the time of commission. death penalty may never be stipulated by law. article 70 everyone shall, for the determination of his rights and obligations or in the event of a criminal charge against him, be entitled, following a fair trial and within a reasonable time, to the resolution of an independent and impartial court of law. a hearing by a court of law shall take place in public, except if the judge decides otherwise as provided for by law in the interest of morals, public order, the security of the state or the interests of the parties. everyone charged with criminal conduct shall be presumed innocent until proven guilty. article 71 everyone shall enjoy freedom from interference with privacy, home, and family life. bodily or personal search or a search of a person’s premises or possessions may only be conducted in accordance with a judicial decision or a statutory law provision. this shall also apply to the examination of documents and mail, communications by telephone and other means, and to any other comparable interference with a person’s right to privacy. notwithstanding the provisions of the first paragraph above, freedom from interference with privacy, home and family life may be otherwise limited by statutory provisions if this is urgently necessary for the protection of the rights of others. article 72 the right of private ownership shall be inviolate. no one may be obliged to surrender his property unless required by public interests. such a measure shall be provided for by law, and full compensation shall be paid. the right of foreign parties to own real property interests or shares in business enterprises in iceland may be limited by law. article 73 everyone has the right to freedom of opinion and belief. everyone shall be free to express his thoughts, but shall also be liable to answer for them in court. the law may never provide for censorship or other similar limitations to freedom of expression. freedom of expression may only be restricted by law in the interests of public order or the security of the state, for the protection of health or morals, or for the protection of the rights or reputation of others, if such restrictions are deemed necessary and in agreement with democratic traditions. article 74 associations may be formed without prior permission for any lawful purpose, including political associations and trade unions. an association may not be dissolved by administrative decision. the activities of an association found to be in furtherance of unlawful objectives may however be enjoint, in which case legal action shall be brought without undue delay for a judgment dissolving the association. no one may be obliged to be a member of any association. membership of an association may however be made obligatory by law if this is necessary in order to enable an association to discharge its functions in the public interest or on account of the rights of others. people are free to assemble unarmed. public gatherings may be attended by police. public gatherings in the open may be banned if it is feared that riots may ensue. article 75 everyone is free to pursue the occupation of his choosing. this right may however be restricted by law, if such restriction is required with regard to the public interest. the right of people to negotiate terms of employment and other labour-related matters shall be regulated by law. article 76 the law shall guarantee for everyone the necessary assistance in case of sickness, invalidity, infirmity by reason of old age, unemployment and similar circumstances. the law shall guarantee for everyone suitable general education and tuition. for children, the law shall guarantee the protection and care which is necessary for their well-being. article 77 matters concerning taxes shall be regulated by law. the power to decide whether to levy a tax, change a tax or abolish a tax may not be vested in administrative authorities. no tax may be levied unless the levy was permitted by law at the time when the facts occurred on which the tax liability is based. article 78 the municipalities shall manage their affairs independently as laid down by law. the income sources of the municipalities, and the right of the municipalities to decide whether and how to use their sources of income, shall be regulated by law. article 79 proposals to amend or supplement this constitution may be introduced at regular as well as extraordinary sessions of althingi. if the proposal is adopted, althingi shall immediately be dissolved and a general election held. if althingi then passes the resolution unchanged, it shall be confirmed by the president of the republic and come into force as constitutional law. if althingi passes an amendment to the status of the church under article 62, it shall be submitted to a vote for approval or rejection by secret ballot of all those eligible to vote. article 80 (deleted) article 81 this constitutional law shall enter into force when the althingi so resolves, provided that the majority of all people in the country having the right to vote have expressed their approval of the law by secret ballot. temporary provisions when this constitution has entered into force, the united althing shall elect a president of iceland for the first time pursuant to the rules applicable to the election of the president of the united althingi, and his term of office shall extend until 31 july 1945. those foreign nationals who, prior to the date of implementation of this constitutional law, have obtained the right to vote and have become eligible to be elected to the althingi or have obtained the right to hold public office, shall retain the said rights. danish nationals who under article 75 of the constitution of 18 may 1920 would have obtained such rights, had the law not been amended, from the date of entry into force of this constitutional law until six months after negotiations regarding the rights of danish nationals in iceland can be commenced, shall also acquire the said rights and retain them. notwithstanding the provisions of paragraph 6 of article 31, the approval by a majority of votes cast in the althingi shall suffice to amend the act on elections to the althingi so as to accord with this constitutional law following its entry into force. upon the completion of such amendment, this provision shall be of no further effect. notwithstanding the provision of paragraph 1, article 79 it is permissible, until 30 april 2017, to amend the constitution in the following manner: if althing approves a legislative bill on an amendment to the constitution with at least 2/3 of votes cast it shall be submitted to a vote of all eligible voters in the country for approval or rejection. the voting shall be held no sooner than six months and no later than nine months after the bill has been approved by althing. for the bill to be considered approved it needs to have received a majority of valid votes in the national referendum, though no less than 40 per cent of all eligible voters, and it shall be confirmed by the president of the republic and is then deemed to be valid constitutional law. the title of a legislative bill on constitutional law on this basis shall include a reference to this provision. the national referendum will be held in accordance with applicable laws. preamble the party for the independence of guinea and cape verde (paigc), founded on september 19th, 1956, has accomplished in an exemplary manner its minimum plan [programa minimo], which consisted in the liberation of the people of guinea and cape verde, winning the sovereignty of the respective states and, at the same time, launching the foundations for the construction of a free, democratic and socially just nation in each country. after independence, the party garnered sympathy, respect and admiration, in both national and international spheres, for the way in which it has conducted the destiny of the guinean nation, notably through the creation and institutional development of the state apparatus. with the movimento reajustador of november 14th, the party has reoriented its actions, correcting the mistakes that were hindering the edification of a united, strong and democratic society. by adopting the current constitution, which follows faithfully the thread of institutional evolution that has always reflected the ideas and choices of our people a policy reaffirmed by the profound transformation being brought about in our society by legality, by right and by the enjoyment of fundamental liberties the national popular assembly of the republic of guinea-bissau reveals that everything it articulates is imbued with the humanism that has always inspired us and that is reflected in our rights and liberties as herein guaranteed to the citizens, as an irreversible victory for our people. the popular national assembly congratulates the paigc for the vanguard role it has always performed in conducting the fates of the guinea nation, and congratulates itself for the courageous and timely decision that the party of amilcar cabral took by overcoming the challenge of democratic opening, towards the construction of a plural, just and free society. the decision of the paigc follows in accordance with its historic tradition of acting at every moment as the repository for the deepest aspirations of our people. therefore, acting as a faithful interpreter of the will of the people and exercising its responsibilities as the highest sovereign organ, the national popular assembly approves and adopts this constitution of the republic of guinea-bissau as fundamental law, which shall enter into force on may 16th, 1984. part i. fundamental principles: the nature and foundations of the state article 1 guinea-bissau is a sovereign, democratic, secular and unitary republic. article 2 the national sovereignty of the republic of guinea-bissau is vested in the people. the exercise of political power is vested in the people directly or through the democratically elected organs. article 3 the republic of guinea-bissau is a state with a constitutionally established democracy, founded on national unity and on the effective participation of the people in the development, monitoring and guidance of public activities, and oriented towards the construction of a free and just society. article 4 in the republic of guinea-bissau the establishment of political parties is allowed if in conformity with the constitution and the law. political parties are equally responsible for [assuring] the organization and the expression of popular will and of political plurality. parties must respect the national independence and unity, the integrity of national territory and the pluralist democracy, and must follow the democratic rules in both their organization and functioning. the formation of parties of regional or local nature, parties that sponsor racism or tribalism, and of parties that advocate the use of violent means to achieve its ends is forbidden. the party’s name may not identify itself with any part of the national territory, nor display the name of a person, church, religion, confession or religious doctrine. the highest leadership of parties must be composed of citizens of guinean origin. article 5 the republic of guinea-bissau proclaims its eternal gratitude to the combatant that, due to its voluntary sacrifice, have assured the liberation of the nation from foreign control, reconquering our people’s dignity and right to freedom, to progress and to peace. the republic of guinea-bissau considers as its honor and duty to: act so as to guarantee a dignified life to the combatants that assured freedom to the nation and, in particular, to those who, due to their participation in the liberation fight, have suffered physical disability that renders them total or partially incapable of working, and that shall be deemed the first creditors of national recognition; guarantee the education of the national liberation combatants’ orphans; assist national liberation combatants’ parents, children and widows. the national liberation combatant is the militant that, within paigc’s ranks, participated in the fight for liberation between september 19th, 1956 and september 24th, 1973 and that, having joined the ranks of the party, and combat fronts, after this last date until april 24th 1974, revealed himself, by exemplary conduct, worthy of this title. article 6 in the republic of guinea-bissau there is a separation between the state and religious institutions. the state respects and protects all legally recognized religions. the activities of these religions and the practice of the faith are subject to the law. article 7 in the framework of its unitary structure and in the development of national interest, the state of guinea-bissau promotes the creation and supports all actions from decentralized territorial collective bodies that have been granted autonomy by the law. article 10 within its exclusive economic zone, defined by law, the state of guinea-bissau holds exclusive competence to maintain and explore natural resources, living or non-living. article 11 the economic and social organization of guinea-bissau is based on the principles of market economy, subordination of economic power to political power and the coexistence between public, cooperative and private property. the economic and social organization of guinea-bissau has as objective the continuous promotion of its people’s well-being and the elimination of all forms of subjection of human beings to degrading interests, for the benefit of individuals, groups or classes. article 12 the republic of guinea-bissau recognizes the following property titles: state property, belonging to all people; cooperative property which, organized according to free consent, may be established over agriculture, the production of consumption goods, arts and crafts and other economic activities deemed as so by law; private property, which may be established over goods that do not belong to the state. the state has ownership over the soil, the underground, mineral goods, the main energy sources, the forest wealth and social infrastructure. article 13 the state may grant, by means of concession to cooperatives and other singular or collective legal persons, the exploration of state property, as long as it profits the general interest and increase social richness. the state promotes foreign capital investment as long as it is useful to the country’s social and economic development. article 14 the state recognizes the right to inheritance, according to the law. article 15 public health’s main goal is to promote the physical and mental well-being of the population and the balanced insertion in the social-ecological environment where they live. it must orient itself towards prevention, and must aim for the progressive socialization of medicine and medical-pharmaceutical sectors. article 16 the aim of education is forming human beings. it shall remain closely linked to productive labor, shall facilitate the acquisition of skills, knowledge and values that enable the citizen to be part of the community and contribute to its continuous progress. the state considers the eradication of illiteracy a fundamental task. article 17 the state’s fundamental imperative is to create and promote favorable conditions for the preservation of cultural identity, as support for national conscience and dignity, and a factor that stimulates society’s harmonious development. the state preserves and defends the cultural heritage of the people, whose promotion must serve the progress and the protection of human dignity. conditions shall be created so that all citizens have access to culture and are encouraged to actively participate in its creation and diffusion. it is the state’s obligation to encourage the practice and spread of sports and other physical activities. article 18 the republic of guinea-bissau establishes and develops relations with other countries according to international law, the principles of national interdependence, equality between states, non-interference in internal matters, reciprocity of advantages, peaceful coexistence and non-alignment. the republic of guinea-bissau defends the rights of all peoples to self-determination and independence, supports the fights of all people against colonialism, imperialism, racism and all other forms of oppression and exploitation, advocates the peaceful solution of international conflicts and participates in all efforts aimed at assuring peace and justice in state relations and the establishment of the new international economic order. without prejudice to the achievements of the struggle for national liberation, the republic of guinea-bissau participates in african states’ efforts to materialize the principle of african unity on a regional continental basis. article 19 it is a fundamental duty of the state to preserve, through all means, the conquests of the people and, in particular, the constitutionally established democratic order. the defense of the nation shall be organized based on active participation and the active support of the population. article 20 the revolutionary armed forces of the people [farp], instrument of national liberation at the service of the people, are the primordial institution in the defense of the nation. it is their duty to defend independence, sovereignty and territorial integrity, and collaborate strictly with the national and specific services in the assurance and maintenance of internal security and public order. it is a civic and honorable duty of all farp’s members to actively participate in the tasks of national reconstruction. the farp obeys the competent sovereign bodies, according to the constitution and the law. the farp are nonpartisan and its members, while in duty, cannot exercise any political activity. article 21 the security forces are nonpartisan and their purpose is to defend the democratic rule of law and to assure internal security and the rights of citizens, and its members, while on duty, cannot engage in any political activity. police measures are only those established by law, and shall not be used beyond those strictly necessary. the prevention of crimes, including crimes against the security of the state, may only be performed if in accordance to the law and by respecting all the rights, liberties and assurances of all citizens. article 22 the national symbols of the republic of guinea-bissau are the flag, the coat of arms and the national anthem. the national flag of the republic of guinea-bissau is formed by three rectangular stripes, of red color, in the vertical, and yellow and green, in the horizontal and in the superior and inferior right-hand sides, respectively. a black five-pointed star marks the red stripe. the coat of arms of the republic of guinea-bissau consist in two palm leaves disposed as if in a circle, united by the base, where a yellow shell rests, and connected by a ribbon in which is written the motto <<unity struggle progress>>. in the central superior part a black five-pointed star is inserted. the national anthem is esta é a nossa patria amada [this is our beloved homeland]. article 23 the capital of the republic of guinea-bissau is bissau. part ii. fundamental rights, liberties, assurances and duties article 24 all citizens are equal before the law, enjoy the same rights and are subjected to the same duties, without distinction of race, sex, social status, social, intellectual or cultural level, religious belief or philosophical conviction. article 25 men and women are equal before the law in all aspects of political, economic, social and cultural life. article 26 the state recognizes the formation of the family and assures its protection. children are equal before the law, independently of the civil status of the parents. spouses have equal rights and duties in terms of civil and political capacities, as well as the maintenance and education of the children. article 27 all national citizens that reside or are temporarily in foreign territory enjoy the same rights and are subject to the same duties as other citizens, except for those that are incompatible with their absence from the country. citizens resident in foreign nations enjoy the care and protection of the state. article 28 foreigners, based on reciprocity, and expatriates that reside or are present in guinea-bissau enjoy the same rights and are subject to the same duties as nationals, with the exception of political rights, holding of public offices and other rights and duties that laws expressly assign to national citizens. the holding of public offices can only be granted to foreigners if of a technical nature, except when called for by international treaties or agreements. article 29 fundamental rights enshrined in the constitution do not negate other rights foreseen by the laws of the republic and applicable rules of international law. constitutional and legal principles relating to fundamental rights have to be interpreted in harmony with the universal declaration of human rights. article 30 constitutional principles relating to the rights, liberties and guarantees are directly applicable and binding on both public and private entities. the exercise of fundamental rights, liberties and guarantees will only be suspended or limited in case of a state of emergency, proclaimed in accordance to the established by the constitution and the law. laws that limit rights, liberties and guarantees are deemed as general and abstract, and should be limited to the necessary to protect other constitutionally protected rights or interests, and cannot be retroactive, nor diminish the essential content of those rights. article 31 martial law or a state of emergency can only be declared, in the whole or part of the national territory, in cases of effective or imminent foreign aggression, grave threat or disturbance of the democratic constitutional order, or political calamity. the declaration of martial law cannot affect the right to life, integrity and identity, civil capacity and citizenship, non-retroactivity of penal laws, right to defense of the accused and liberty of conscience and religion. the declaration of a state of emergency can only result in the partial suspension of rights, liberties and guarantees. article 32 all citizens have the right of access to judicial bodies to seek redress for violations of their constitutionally or legally recognized rights, and justice cannot be denied on the lack of economic means. article 33 the state and all other public entities are civilly responsible, in solidarity with the heads of their bodies, employees or agents, for actions or omission that took place while on duty, and because of its obligations, that may result in a violation of rights, liberties or guarantees, or loss to a third party. article 34 all have the right to information and legal protection, in accordance with the law. article 35 no rights and liberties assured to citizens may be exercised against the independence of the nation, the integrity of the national territory, national unity, the institutions of the republic nor the principles and objectives established by this constitution. article 36 in the republic of guinea-bissau the death penalty shall not be applied in any cases. there shall be life imprisonment for crimes defined by law. article 37 the moral and physical integrity of citizens cannot be violated. no one shall be submitted to torture or to cruel, inhuman or degrading treatment. in no case shall there be forced labor, nor security measures depriving liberty for unlimited or indefinite periods. criminal responsibility is personal and cannot be passed on. article 38 all citizens enjoy the inviolability of their persons. no one shall be totally or partially deprived of liberty except as a consequence of judicial sentencing that condemns the citizens for acts punishable by law with prison sentencing or the judicial application of security measures. the exception to the principle set forth above is the deprivation of liberty for the time and according to the conditions established by law. the law cannot be retroactive, unless this is of benefit to the accused. article 39 all persons deprived of liberty must be informed immediately of the reasons for their detention, and this shall be communicated to a relative or person of trust of the detained, indicated by the latter. restrictions on liberty imposed for reasons contrary to the constitution and law oblige the state to indemnify the aggrieved, in accordance with the law. imprisonment or illegal detention resulting from an abuse of power confers on the citizen the right to habeas corpus. a writ of habeas corpus shall be filed before the supreme tribunal of justice, in accordance with the law. in case of difficulties in filing the writ before the supreme tribunal of justice, the writ may be filed before the closest regional tribunal. article 40 detention without prior establishment of guilt will be subject, within a period of 48 hours, to a judicial decision validating or upholding the detention, in which the judge is required to establish the causes of the detention and inform the detained, interrogate him and provide him with the right of defense. the preventive arrest will not be maintained if it can be substituted for by bail or another provisional liberty measure established by law. the preventive arrest, before and after the finding of guilt, will be subject to the deadlines established by law. article 41 no person may be found criminally liable if not for a violation of a previously established law that declares the action or omission as punishable, nor suffer security measures whose preconditions were not the subject of a previously established law. no punishment or security measures will be applied if not expressly defined in a previously established law. no person may be subject to punishments or security measures more severe than those in force during the time of the conduct or verification of the respective preconditions. no person will be tried more than once for a given crime. no punishment shall require the loss of any civil, professional or political rights. citizens unduly convicted have the right, under the conditions prescribed by the law, to a review of the judgment and the compensation of loss suffered. article 42 criminal procedure will assure all the rights to a defense. all defendants are presumed innocent until the judgment is no longer subject to any appeals, and should be subject to trial within the shortest delay compatible with the guarantee of defense. the defendant has the right to counsel, and to be assisted by counsel during all procedural phases, being established by law the cases and phases where this assistance is mandatory. the judge is competent to conduct the proceeding and it may, according to the law, delegate to other bodies the performance of some discovery acts that are not directly related to fundamental rights. criminal procedure is accusatory in nature, and the court hearing and investigation measures established by law are subject to the principle of contradiction. all evidence obtained through torture, coercion, offense to the physical or moral integrity of a person, wrongful interference with privacy, residence, in correspondence or telecommunications is considered nullified. article 43 under no circumstances shall a national citizen be extradited or expelled from the country. foreign citizens may not be extradited on political grounds. extradition and expulsion may only be decided by judicial authority. article 44 all may enjoy the rights to a personal identity, civil capacity, citizenship, good-name and reputation, image, expression and the protection of intimate privacy and family life. limitations on citizenship and civil capacity may only be imposed in the cases and to the extent foreseen by law, and may not be based on political reasons. article 45 workers have the freedom to join trade unions as a form of promoting unity, defending their rights and protecting their interests. in the exercise of the freedom to join a trade union, the worker is guaranteed, without any discrimination: liberty of establishing, organizing and deciding on internal rules of association; the right to exercise trade union activities within companies, in accordance with the law. trade unions are independent from the state, patronage, religious beliefs, political parties or other political associations. the law ensures adequate protection to trade union representatives against any form of restriction on the legitimate undertaking of their functions. trade unions have to abide by the principles of democratic organization and management, based on regular elections by secret ballot of executive bodies, which shall not be subject to any form of authorization or homologation of workers, and that shall apply to all range of trade union activities. article 46 workers have a right to protection, security and hygiene at work. the worker can only be dismissed in the cases and terms established by law; dismissal for political or ideological motives is prohibited. the state will gradually establish a system capable of guaranteeing workers social security pensions in old age, in sickness or when incapacitated. article 47 it is recognized that all workers have the right to strike in accordance with the law, and they are entitled to define the professional interest to be defended by means of the strike; the law shall establish the limitations on strikes in essential services and activities in the interests of the overriding needs of society. the lock-out is forbidden. article 48 the state recognizes the citizens’ right to the inviolability of the home, correspondence and other means of private communication, except in cases expressly provided for in the law in relation to criminal proceedings. entrance into a domicile without consent can only be ordered by the competent judicial authority in the cases and in the manner prescribed by law. article 49 all citizens have the right and the duty to education. the state shall gradually promote the gratuity and the equal opportunity of citizens’ access to the diverse levels of education. the right of creating private and cooperative schools is guaranteed. public schools will not be religiously oriented. article 50 intellectual, artistic and scientific creations are free if not contradictory to the promotion of social progress. this liberty comprises the right to invent, produce and spread scientific, literary or artistic works. the law will protect authors’ rights. article 51 all have the right to freely express and spread their thoughts by any means available, as well as to inform, look for information and be informed without any hindering or discrimination. the exercise of this right may not be impeded or limited by any type of censorship. all persons, single or collective, are assured the right to answer and to request corrections, in an equal and efficient manner, as well as the right to receive indemnification for damages. article 52 freedom of conscience and of religion is inviolable. all are assured the liberty of worship, which in no manner may violate the fundamental principles established by this constitution. the freedom to teach any religion under its denomination is guaranteed. article 53 all citizens have the right to freedom of movement in all parts of the national territory. article 54 citizens have the right to peaceful assembly in all spaces open to the public, in accordance with the law. all citizens have the right to demonstrate, in accordance with the law. article 55 citizens have the right to, freely and without requiring any specific authorization, start associations, as long as they are not promoting violence and their objectives are not contrary to the law. associations conduct their affairs freely without interference of public authorities and cannot be dissolved by the state or have their activities suspended except in the cases provided for by the law and as a result of judicial decision. armed, military, militarized and paramilitary associations are not allowed, nor organizations that promote racism or tribalism. article 56 freedom of press is assured. the creation of radio and television networks requires a license, issued in accordance with the law. the state will establish a service of press, radio and television, that is independent of economic and political interests, and that assures the expression and confrontation of the various strands of public opinion. to ensure the aforementioned and to assure the respect for ideological pluralism, a national council for social communications shall be created, and it shall be an independent body of which the composition and functioning shall be defined by law. article 57 political parties have the right to airtime on the radio and television in accordance with the law. article 58 in accordance with national development, the state will progressively create the conditions required for the full accomplishment of the economic and social rights established by this part ii. part iii. organisation of political power section i. general principles article 59 the president of the republic, the national popular assembly, the government and the tribunals are sovereign bodies. the organization of political power is based on the separation and the independence of all sovereign bodies, as well as their subordination to the constitution. article 60 the electoral system, the conditions of eligibility, the division of the territory into constituencies, the number of deputies, as well as the process and the bodies that monitor electoral matters will be defined by the electoral law. article 61 the holders of political positions are liable in civil, political and criminal terms for all actions and omissions in the performance of their duty. section ii. the president of the republic article 62 the president of the republic is the head of state, symbol of unity, guarantor of national independence and the constitution and supreme commander of the armed forces. the president of the republic represents the republic of guinea-bissau. article 63 the president of the republic is elected by a free, direct, secret and periodic universal suffrage of the electing citizens. voting citizens of guinean origin and children of parents of guinean origins, over 35 years and in full possession of their civil and political rights are eligible for the office of president of the republic. article 64 the absolute majority of valid votes elects the president of the republic. if no candidate obtains the absolute majority, there will be, after 21 days, a new ballot with only the two candidates who received the most votes. article 65 the presidency of the republic is not compatible with any other functions, public or private. article 66 the term for the president of the republic is of five years. the president of the republic may not run for a third consecutive mandate, nor during the five years following his second mandate. if the president of the republic resigns from office, he may not run in the next election, nor in those taking place within five years of his resignation. article 67 the elected president of the republic will be invested at a plenary session of the popular national assembly, by the respective president, and will take in this act the following oath: “i swear by my honor to defend the constitution and the laws, the national independence and unity, to dedicate my intelligence and my energies to the service of guinea-bissau’s people, fulfilling with absolute fidelity the duties of the high position i have been elected to”. article 68 are exclusive roles of the president of the republic: to represent the guinean state; defend the constitution of the republic address the nation and the national assembly; summon an extraordinary meeting of the national popular assembly every time imperious public interest reasons so justify; ratify international treaties; determine the election dates for the presidency of the republic, deputies of the national popular assembly and the chiefs of local power bodies, according to the law; appoint and dismiss the prime-minister, considering the electoral results and after listening to the political forces represented by the national popular assembly; confirm the appointment of the prime-minister; appoint and dismiss other members of the cabinet, as proposed by the prime-minister, and confirm them; create and dissolve ministries and secretariats of state, on a proposal from the prime-minister; preside over the council of state; preside over the council of ministers, when appropriate; confirm the justices of the supreme tribunal of justice; appoint and dismiss, according to a proposal by the government, the chief of staff of the armed forces; appoint and dismiss, according to a proposal by the government, the general-attorney of the republic; appoint and dismiss ambassadors, according to a proposal by the government; accredit international ambassadors; enact laws, legal-decrees and the decrees; pardon and commute sentences; declare war or make peace, according to the established in article 85, no 1, h) of the constitution; impose martial law or declare a state of emergency, according to the established in article 85, no. 1, (i) of the constitution; grant honorific titles and state awards; perform all other functions that the constitution and the laws have attributed to the president. article 69 the president of the republic is also competent to: dissolve the national popular assembly, in case of grave political crisis, after consulting the president of the national popular assembly and the political parties present therein, and within the limits established by this constitution; dismiss the government, according to article 104, no. 2 of the constitution; enact or veto, within 30 days from its reception, any pieces of legislation issued by the national popular assembly or the government. the veto of the president of the republic on the laws of the national popular assembly can be overcome by the affirmative vote of a majority of two thirds of congress members in office. article 70 the president of the republic may enact presidential decrees while performing his duties. article 71 in case of absence abroad or temporary impediment, the president of the national popular assembly will temporarily substitute the president of the republic. the president of the national popular assembly will assume the functions of the president of the republic in case of death or definitive impediment; in case the former is also impeded, its own substitute shall take the place until the confirmation of a newly elected president. the new president will be elected within 60 days. the interim president of the republic may not, in any case, perform the roles established by items (g), (i), (m), (n), (o), (s), (v) and (x) of article 68, and items (a), (b) and (c) of article 69, no 1 of the constitution. the interim president of the republic may only use the powers established by item (j) of article 68 to fulfill the requirements of no 3 of the present article. article 72 the president of the republic answers to the supreme tribunal of justice for any crimes taking place while in office. it is the responsibility of the national popular assembly to require the general-attorney of the republic to promote the prosecution of the president of the republic; after a proposal by one third and an approval by two thirds of the members of congress in office. the conviction of the president of the republic implies the removal from office and the impossibility of seeking reelection. for any crimes committed outside of its functions, the president of the republic answers before regular courts, after the end of its term. section iii. the council of state article 73 the council of state is the political body of consultation for the president of the republic. article 74 the council of state is presided over by the president of the republic and composed of the following members: the president of the national assembly; the prime minister; the president of the supreme tribunal of justice; a representative of every political party with a seat in the national popular assembly; five citizens assigned by the president for the duration of its term. the representative mentioned in aforementioned item (d) will be chosen by vote between the members of the national popular assembly. the members of the council of state will be confirmed by the president of the republic. article 75 the council of state is responsible for: issuing a statement on the dissolution of the national popular assembly; issuing a statement on the imposition of a martial law or declaration of state of emergency; issuing a statement on a declaration of war and the establishment of peace; advising the president of the republic while on duty, when so requested. section iv. of the national popular assembly article 76 the national popular assembly is the supreme legislative and political overseer, representing all guinean citizens. it decides on all fundamental matters of internal and external policies. article 77 all members of the national popular assembly are elected by electoral districts defined by law, by means of a free, equal, direct, secret and periodic universal suffrage. article 78 the members of the national popular assembly are called congressmen; the congressmen of the popular national assembly are the representatives of all the people, and not only the electoral districts that elected them. congressmen have the duty of maintaining a constant contact with their voters and to constantly report their activities to them. article 79 each congress will last for four years, beginning with the confirmation of the electoral results. article 80 the congressmen of the national popular assembly must take the following oath: “i swear i will do everything in my power to fulfill, with total honor and fidelity to the people, my term as a congressman, always intransigently defending the national interests and the principles and objectives established by the constitution of the republic of guinea-bissau”. article 81 a congressman has the right to present enquiries to the government, orally or in writing, and must be presented with an answer in the session or within a delay of 15 days, in writing, if further investigations are needed. article 82 no congressman may be harassed, persecuted, detained, arrested, tried or convicted for the votes and opinions he expresses while in office. no congressman may be detained or arrested for criminal or disciplinary matters, before a court or outside it, except for flagrant violations that face minimum penalties of two years or more of forced labor, or when previous consent from the national popular assembly is granted. article 83 law will establish all congressmen’s rights and benefits, as well as their powers and duties. the congressman that is in serious breach of its duties may be expelled by the national popular assembly. article 84 the popular national assembly will elect, at the first session of each legislative term, its president and the other members of the board. the board will be composed of the president, a first vice-president, a second vice-president, a first secretary and a second secretary, elected by all members of congress. the tasks and the competencies of the board will be established by the assembly’s by-laws. a congressman may not simultaneously hold office as a member of the government. article 85 the popular national assembly is competent to: review the constitutionality of matters, according to articles 127 onwards; decide on popular referendums; draft laws and vote on motions and resolutions; approve the governmental program; require that the general attorney for the republic files criminal suits against the president of the republic, according to article 72 of the constitution; hold votes of confidence and censorship votes against the government; approve the general state budget and the national development plan, as well as the respective laws; approve treaties that involve guinea-bissau’s participation on international organization, friendship treaties, peace treaties, defense treaties, treaties of frontier rectification, and any other treaty that the government has judged appropriate to submit for its review; issue a statement on the imposition of martial law or declaration of a state of emergency; authorize the president of the republic to declare war or make peace; grant the government legislative authority; ratify the decrees approved by the government through delegated legislative powers; review the state’s budget for each business year; grant amnesty; ensure compliance with the constitution and the laws, and review the governmental and administration’s acts; elaborate and approve its procedural rules; perform any other rights and duties that have been assigned to it by the constitution and the laws. if the governmental program is not approved by the popular national assembly, a new debate will be held within 15 days. the confidence vote before the national assembly must be taken by the prime minister, after deliberation of the council of ministers; the initiative to vote on a censorship motion requires one third of congressmen in office; the failure of a confidence vote or the approval of a censorship motion by an absolute majority will imply the dismantling of the government. article 86 the national popular assembly has exclusive competence to legislate on: the guinean nationality; land use laws and regulations; the organization of national defense; the monetary system; judiciary organization and magistrate regulation; definition of crimes, punishments and other security measures and criminal proceedings; martial law and state of emergency; definitions on the limits of territorial waters and the exclusive economic zone; rights, freedoms and guarantees; associations and political parties; the electoral system. article 87 the popular national assembly has exclusive competence to legislate on the following matters, except in case of authorization granted to the government: organization of central and local administration; public employees’ by-laws and the civil liability of the administration; expropriation and requisitions due to public utility; status and capacity of people; the nationalization of means of production; the demarcation of property sectors and economic activities. article 88 the national popular assembly may create topical committees as well as establish temporary committees to deal with specific topics. article 89 the national popular assembly will gather in ordinary sessions; the national popular assembly will gather in extraordinary sessions when so requested by the president of the republic, congressmen, the government or its standing committee. article 90 government members may join and speak at sessions of the national popular assembly, according to the by-laws. article 91 the government and congressmen may propose legislation; decisions by the national popular assembly may take the form of laws, resolutions or motions. article 92 the national popular assembly may authorize the government to legislate, by a legal-decree, on matters as foreseen by article 87. this authorization must establish its object, extension and the duration. the end of a congressional term and a change in government entail the expiry of the granted legislative authority. the legal-decrees approved by the government under its legislative authority will be submitted to the popular national assembly for ratification, and this house will have 30 days to deliberate on the matter, after which the regulation will be considered ratified. article 94 the national popular assembly may not be dissolved in the 12 months after an election, in the final six months of a presidential mandate, or during martial law or state of emergency. the dissolution of the national popular assembly does not impede congressmen from exercising their mandate until the opening of the new congress after new elections. article 95 between legislative terms and during the period in which the national popular assembly is dissolved, a standing committee of the national popular assembly will function. the standing committee is presided over by the president of the national popular assembly, and is composed of the vice-president and other representatives of the political parties that have congressmen in the assembly, in proportion to their representation. the standing committee is competent to: follow all governmental and administration activities; exert the powers of the national popular assembly in relation to congressmen; convoke the national popular assembly whenever necessary; prepare the opening of new terms; issue a statement on any imposition of martial law or declaration of state of emergency. the standing committee answers to and is monitored by the national popular assembly. section v. of the government article 96 the government is the supreme executive and administrative body of the republic of guinea-bissau. the government implements the general policies of the country in accordance with its program, approved by the national popular assembly. article 97 the government is composed of the prime minister, ministers and secretaries of state. the prime minister is the head of the government, and it is his duty to guide and coordinate governmental actions and ensure the execution of the laws. it is also incumbent upon the prime minister, without prejudice to other attributions conferred on him by the constitution and the law, to inform the president of the republic on issues regarding the internal and external politics of the country. article 98 the prime minister is appointed by the president of the republic in accordance with the electoral results and after consulting with political parties represented in the national popular assembly. ministers and secretaries of state are nominated by the president of the republic, after indication by the prime minister. article 99 ministers and secretaries of state must take the following oath when taking office: “i swear by my honor to dedicate my intelligence and my energy to the service of the people, performing my duties (of minister or secretary of state) to which i have been nominated in the government of the republic of guinea-bissau with total fidelity to the constitution and the laws”. article 100 in the performance of its functions, the government is competent to: guide the public administration, coordinate and control the activities of ministries and other bodies of the central administration and local governments; organize and direct the performance of political, economic, cultural, scientific, social, defense and security activities, in accordance with its program; prepare the national development plan and the general budget of the state, and execute it; legislate by means of legal-decrees and decrees over matters that concern its organization and functioning, as well as matters that are not reserved to the national popular assembly; approve bills and submit them to the national popular assembly; negotiate and conclude agreements and international conventions; nominate and propose the nomination of civil and military positions; all other matters assigned to it by law. the competencies attributed by the aforementioned items (a), (b), (d) and (e) must be exercised by the government through its council of ministries. article 101 the council of ministers is constituted by the prime minister, who presides, and by the ministers. councils of ministers specialized in certain subject matters may be created. the members of the government must follow the governmental program and the deliberation of the council of ministers. the secretaries of state may be summoned to participate in the council of ministers. article 102 the government, gathered in the council of ministers, may legislate by means of legal-decrees and decrees. article 103 the government is politically accountable to the president of the republic and before the national popular assembly. article 104 the dismissal of the government will ensue on: the beginning of every new term; the failure to approve the governmental plan a second time; the acceptance by the president of the republic of a resignation request presented by the prime-minister; the approval of a censorship motion or the non-approval of a confidence vote by the absolute majority of congressmen; the death or the prolonged physical incapacitation of the prime-minister. the president of the republic may dismiss the government in case of a grave political crisis that threatens the regular functioning of the institutions of the republic, after consulting with the council of state and the political parties with representation in congress. section vi. of the local government article 105 the organization of the state political power encompasses the existence of local authorities, which enjoy administrative and financial autonomy. the local authorities are collective territorial entities of representative bodies, which aim to pursue the interests of local communities, without diminishing the unitary structure of the state. article 106 local authorities consist of municipalities, local sections and local boards. municipalities will function in sectors, local sections will function in administrative sections and local boards will function through resident associations. article 107 for political-administrative purposes, the national territory is divided into regions, these being subdivided in sectors and sections; the law may establish other subdivisions in communities when specificity requires. the organization and functioning of administrative regions will be defined by law. in major urban areas and in islands, the law may establish, in accordance with specific conditions, other forms of organization for the local authorities, as well as other autonomous administrative subdivisions. article 108 the government’s leading representatives in regions will be designated as regional governors, and in sectors as sector administrators. the government may appoint and dismiss regional governors, under a proposition by the competent minister. the appointment to a sector administrator position will be made in accordance with the requisites established by the framework law. article 109 the duties and organization of local authorities, as well as the competencies of its bodies, shall be regulated by law, in accordance with the principle of autonomy of local government. article 110 the local authorities have their own assets and finances. the system of local finance, established by law, should aim for a fair distribution of public resources by the state and by local authorities, and the necessary correction of inequalities between local authorities. the local authorities will earn the revenue derived from the management of its assets and the use of its services. article 111 local authorities are comprised of an assembly with deliberative powers, elected by direct and secret universal suffrage of all residents, according to the system of proportional representation, and a collective executive body responsible before it. the bodies of local authorities may directly consult citizens who are duly registered and with power to vote in the respective area, by means of a secret vote, to decide on any matters of their exclusive competency, in the cases, conditions and the frequency established by law. article 112 within the limits of the constitution and the laws, local authorities have their own regulatory power. the administrative supervision of local authorities consists in the control of the enforcement of the law by the authority’s bodies, and shall be exercised in the cases and in the manner established by law. article 113 the representative bodies of local authorities are: the municipal assembly and the municipal chamber in the case of municipalities; the assembly of residents and the directive committee of residents in sections. article 114 sector administrators will have the right to participate in the municipal assembly, without the power to vote. the municipal council is the executive body of the municipality, elected by the voting citizens residing in the area, and having as president the first candidate of the most voted list. article 115 the electoral law will determine the form of eligibility of all the members of the local authority’s bodies, their composition, as well as the functioning, the duration of the term and the form of their acts. article 116 the national popular assembly is responsible for dissolving local authority bodies, after consulting with the government, in case it finds acts or omissions contrary to the law. article 117 the national popular assembly has the power to create or dissolve local authorities, as well as to modify their areas, and these changes may be preceded by consultations of the bodies of the affected authorities. article 118 the local authorities participate, in their own right and in accordance with law, to the revenues from direct taxes. section vii. of the judiciary article 119 tribunals are sovereign bodies with competence to administer justice on behalf of the people. article 120 the supreme tribunal of justice is the supreme judicial instance of the republic. the superior council of magistrates appoints its judges. the president of the republic swears in judges of the supreme tribunal of justice. it is incumbent upon the supreme tribunal of justice and tribunals instituted by law to exercise the jurisdictional function. in the exercise of their jurisdictional function, tribunals are independent and only subjected to the law. the superior council of magistrates is the superior body of management and discipline of the judicial magistrates. the superior council of magistrates will contain, at least, representatives of the supreme tribunal of justice, of other tribunals, and of the national popular assembly, according to the terms established by law. article 121 it is forbidden to create tribunals exclusively for the trial of certain categories of crimes. are exceptions to the previous item: the military tribunals, which are responsible for the trial of essentially military crimes as defined by law; administrative, fiscal and auditing tribunals. article 122 the law may create tribunals to resolve social disputes, whether civil or criminal. article 123 the judge performs its duties with total fidelity to the fundamental principles and objectives of this constitution. in the performance of its duties, the judge is independent and must only obey the law and his conscience. the judge is not responsible for his trials and decisions. only in cases specified by law may he be subject to civil, criminal or disciplinary liability connected with the performance of its duties. the supreme council of magistrates, in accordance with the law, is responsible for the appointment, dismissal, placement, promotion and transfer of judges of judicial tribunals, as well as the adoption of disciplinary measures. article 124 the law will regulate the organization, competence and functioning of the bodies responsible for administering justice. article 125 the public attorney’s office [ministério público] is the state body responsible together with the tribunals, for monitoring the rule of law and representing public and social interests, and is in charge of filing criminal claims. the public attorney’s office is to be organized under a hierarchical structure, under the direction of the general-attorney of the republic. the attorney general of the republic is appointed by the president of the republic, after consultation with the government. part iv. guarantees and review of the constitution section i. the monitoring and constitutionality of laws article 126 in cases submitted for trial, tribunals may not apply rules that contravene the constitution or the principles enshrined therein. matters of unconstitutionality may be raised by the tribunal of its own motion, by the public attorney’s office, or by any of the parties. after acknowledging the matter of unconstitutionality, the incident will be separately submitted to the superior tribunal of justice, which will decide in a plenary session. all constitutional review rulings issued by the full body of the supreme tribunal of justice will be generally and fully enforceable and will be published on the official gazette. section ii. of constitutional revision article 127 the national popular assembly may revise the present constitution at any time. the initiative of constitutional revision falls within the competence of the congressman. article 128 revision bills will always indicate the articles to be reviewed, and the purposes of the modifications that are intended. revision bills will always be submitted to the national popular assembly by at least one third of the congressmen on duty. article 129 the revision bills will have to be approved by a majority of two thirds of the congressmen that constitute the assembly. article 130 no draft revision may affect: the unitary structure and the republic form of the state; the secular nature of the state; the integrity of the national territory; the national symbols, the flag and the national anthem; the rights, liberties and guarantees of citizens; the fundamental rights of workers; the direct, equal, secret and regular universal suffrage for deciding the holders of sovereign elected positions; political pluralism and pluralism of expression, the political parties and the right to democratic opposition; the separation and interdependence of sovereign bodies; the independence of tribunals. article 131 no draft or proposed revision may be presented, debated or voted when martial law or state of emergency is in place. part v. final and transitory dispositions article 132 the members of the security forces, on duty, currently congressmen of the national popular assembly will continue to hold office until the next legislative elections. article 133 the state bodies established by the constitution of the republic of guinea-bissau of may 16th, 1984, shall remain in office until the taking of office of the members of the sovereign bodies that have been selected by the respective electoral processes. chapter i the state and the constitution 1. the state mauritius shall be a sovereign democratic state which shall be known as the republic of mauritius. 2. constitution is supreme law this constitution is the supreme law of mauritius, and if any other law is inconsistent with this constitution, that other law shall, to the extent of the inconsistency, be void. chapter ii. protection of fundamental rights and freedoms of the individual 3. fundamental rights and freedoms of the individual it is hereby recognised and declared that in mauritius there have existed and shall continue to exist without discrimination by reason of race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, each and all of the following human rights and fundamental freedoms the right of the individual to life, liberty, security of the person and the protection of the law; freedom of conscience, of expression, of assembly and association and freedom to establish schools, and the right of the individual to protection for the privacy of his home and other property and from deprivation of property without compensation, and the provisions of this chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of those rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. 4. protection of right to life no person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence of which he has been convicted. a person shall, not be regarded as having been deprived of his life in contravention of this section, if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable for the defence of any person from violence or for the defence of property; in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; for the purpose of suppressing a riot, insurrection or mutiny; or in order to prevent the commission by that person of a criminal offence, or if he dies as the result of a lawful act of war. 5. protection of right to personal liberty no person shall be deprived of his personal liberty save as may be authorised by law in consequence of his unfitness to plead to a criminal charge or in execution of the sentence or order of a court, whether in mauritius or elsewhere, in respect of a criminal offence of which he has been convicted; in execution of the order of a court punishing him for contempt of that court or of another court; in execution of the order of a court made to secure the fulfillment of any obligation imposed on him by law; for the purpose of bringing him before a court in execution of the order of a court; upon reasonable suspicion of his having committed, or being about to commit, a criminal offence; in the case of a person who has not attained the age of 18 years, for the purpose of his education or welfare; for the purpose of preventing the spread of an infectious or contagious disease; in the case of a person who is, or is reasonably suspected to be, of unsound mind or addicted to drugs or alcohol, for the purpose of his care or treatment or the protection of the community; for the purpose of preventing the unlawful entry of that person into mauritius, or for the purpose of effecting the expulsion, extradition, or other lawful removal of that person from mauritius or the taking of proceedings relating thereto; upon reasonable suspicion of his being likely to commit breaches of the peace; or in execution of the order of the commissioner of police, upon reasonable suspicion of his having engaged in, or being about to engage in, activities likely to cause a serious threat to public safety or public order. any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he understands, of the reasons for his arrest or detention. any person who is arrested or detained for the purpose of bringing him before a court in execution of the order of a court; upon reasonable suspicion of his having committed, or being about to commit a criminal offence; or upon reasonable suspicion of his being likely to commit breaches of the peace, and who is not released, shall be afforded reasonable facilities to consult a legal representative of his own choice and shall be brought without undue delay before a court; and if any person arrested or detained as mentioned in paragraph (b) is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including, in particular, such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial; and if any person arrested or detained as mentioned in paragraph (c) is not brought before a court within a reasonable time in order that the court may decide whether to order him to give security for his good behaviour, then, without prejudice to any further proceedings that may be brought against him, he shall be released unconditionally. 3a notwithstanding subsection (3), where a person is arrested or detained for an offence related to terrorism or a drug offence, he shall not, in relation to such offences related to terrorism, or drug offences, as may be prescribed by an act of parliament, be admitted to bail until the final determination of the proceedings brought against him, where he has already been convicted of an offence related to terrorism or a drug offence; or he is arrested or detained for an offence related to terrorism or a drug offence during the period that he has been released on bail after he has been charged with having committed an offence related to terrorism or a drug offence. a bill for an act of parliament to prescribe the offences related to terrorism or drug offences under paragraph (a) or to amend or repeal such an act shall not be passed by the assembly unless it is supported at the final voting in the assembly by the votes of not less than three quarters of all the members of the assembly. where a person is detained in pursuance of any such provision of law as is referred to in subsection (1)(k) he shall, as soon as is reasonably practicable and, in any case not more than 7 days after the commencement of his detention, be furnished with a statement in writing in a language that he understands specifying in detail the grounds upon which he is detained; not more than 7 days after the commencement of his detention, a notification shall be published in the gazette stating that he has been detained and giving particulars of the provision of law under which his detention is authorised; not more than 14 days after the commencement of his detention and thereafter during his detention at intervals of not more than 30 days, his case shall be reviewed by an independent and impartial tribunal consisting of a chairman and 2 other members appointed by the judicial and legal service commission, the chairman being appointed from among persons who are entitled to practise as a barrister or as an attorney in mauritius; he shall be afforded reasonable facilities to consult a legal representative of his own choice who shall be permitted to make representations to the tribunal appointed for the review of his case; at the hearing of his case by the tribunal, he shall be permitted to appear in person or by a legal representative of his own choice and, unless the tribunal otherwise directs, the hearing shall be held in public; at the conclusion of any review by a tribunal in pursuance of this subsection in any case, the tribunal shall announce its decision in public, stating whether or not there is, in its opinion, sufficient cause for the detention, and if, in its opinion, there is not sufficient cause, the detained person shall forthwith be released and if during the period of 6 months from his release he is again detained the tribunal established for the review of his case shall not decide that, in its opinion, there is sufficient cause for the further detention unless it is satisfied that new and reasonable grounds for the detention exist. any person who is unlawfully arrested or detained by any other person shall be entitled to compensation from that other person. in the exercise of any functions conferred upon him for the purposes of subsection(1)(k), the commissioner of police shall not be subject to the direction or control of any other person or authority. nothing contained in or done under the authority of any law shall any law shall be held to be inconsistent with or in contravention of subsection (3) to the extent that the law in question authorises a police officer not below the rank of superintendent of police to direct that any person arrested upon reasonable suspicion of having committed any offence related to terrorism or any drug dealing offence be detained in police custody for a period not exceeding 36 hours from his arrest without having access to any person other than a police officer not below the rank of inspector or a government medical officer. a bill for an act of parliament to amend or to repeal the provisions of any law with regard to the keeping of a custody record and video recording in respect of the detention of any person for a drug offence shall not be passed by the assembly unless it is supported at the final voting in the assembly by the votes of not less than three quarters of all the members of the assembly. 6. protection from slavery and forced labour no person shall be held in slavery or servitude. no person shall be required to perform forced labour. for the purposes of this section, the expression "forced labour" does not include any labour required in consequence of the sentence or order of a court; labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained; any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service; or any labour required during a period of public emergency or in the event of any other emergency or calamity that threatens the life or well-being of the community, to the extent that the requiring of such labour is reasonably justifiable, in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation. 7. protection from inhuman treatment no person shall be subjected to torture or to inhuman or degrading punishment or other such treatment. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorises the infliction of any description of punishment that was lawful in mauritius on 11 march 1964. 8. protection from deprivation of property no property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except where the taking of possession or acquisition is necessary or expedient in the interests of defence, public safety, public order, public morality, public health, town and country planning, the development or utilisation of any property in such a manner as to promote the public benefit or the social and economic well-being of the people of mauritius; and there is reasonable justification for the causing of any hardship that may result to any person having an interest in or right over the property; and provision is made by a law applicable to that taking of possession or acquisition for the payment of adequate compensation; and securing to any person having an interest in or right over the property aright of access to the supreme court, whether direct or on appeal from any other authority, for the determination of his interest or right, the legality of the taking of possession or acquisition of the property, interest or right, and the amount of any compensation to which he is entitled, and for the purpose of obtaining payment of that compensation. no person who is entitled to compensation under this section, other than a resident of mauritius, shall be prevented from remitting, within a reasonable time after he has received any amount of that compensation, the whole of that amount (free from any deduction, charge or tax made or levied in respect of its remission) to any country of his choice outside mauritius. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (2) to the extent that the law in question authorises the attachment, by order of a court, of any amount of compensation to which a person is entitled in satisfaction of the judgment of a court or pending the determination of civil proceedings to which he is a party; the imposition of reasonable restrictions on the manner in which any amount of compensation is to be remitted; or the imposition of any deduction, charge or tax that is made or levied generally in respect of the remission of money from mauritius and that is not discriminatory within the meaning of section 16(3). nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) to the extent that the law in question makes provision for the taking of possession or acquisition of property in satisfaction of any tax, rate or due; by way of penalty for breach of the law or forfeiture inconsequence of a breach of the law or in consequence of the inability of a drug-trafficker or a person who has enriched himself by fraudulent and/or corrupt means to show that he has acquired the property by lawful means; as an incident of a lease, tenancy, mortgage, charge, sale, pledge or contract; in the execution of judgments or orders of courts; by reason of its being in a dangerous state or injurious to the health of human beings, animals, trees or plants; in consequence of any law with respect to the limitations of actions or acquisitive prescription; for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, the carrying out on it of work of soil conservation or the conservation of other natural resources; or of agricultural development or improvement that the owner or occupier of the land has been required, and has, without reasonable and lawful excuse, refused or failed to carry out, except so far as that provision or, as the case may be, the thing done under its authority is shown not to be reasonably justifiable in a democratic society; or or any other provision of chapter ii of the constitution, to the extent that the law in question makes provision for the taking of possession of property – under the ownership of a person to an extent which is disproportionate to his emoluments and other income; the ownership, possession, custody or control of which cannot be satisfactorily accounted for by the person who owns, possesses, has custody or control of the property; or held by a person for another person to an extent which is disproportionate to the emoluments or other income of that other person, by way of confiscation, except so far as that provision or, as the case may be, the thing done under its authority is shown not to be reasonably justifiable in a democratic society; or to the extent that the law in question makes provision for the taking of possession or acquisition of enemy property; property of a person who has died or is unable, by reason of legal incapacity, to administer it himself, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest in it; property of a person adjudged bankrupt or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the bankrupt or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; or property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust; or to the extent that the law in question makes provision for the payment of the amount for which the property is to be compulsorily taken possession of, together with interest at the legal rate in equal yearly instalments, within a period not exceeding 10 years; fixes the amount for which the property is to be compulsorily taken possession of or acquired or makes provision for the determination of that amount in accordance with such principles as may be prescribed. 4a notwithstanding subsection (1)(c), section 17 or any other provision of the constitution, no law relating to the compulsory acquisition or taking of possession of any property shall be called in question in any court if it has been supported at the final voting in the assembly by the votes of not less than three quarters of all the members of the assembly. no law under paragraph (a) shall be amended or repealed otherwise than by a bill which has been supported at the final voting in the assembly by the votes of not less than three quarters of all the members of the assembly. nothing in this section shall affect the making or operation of any law so far as it provides for the vesting in the state of the ownership of underground water or unextracted minerals. nothing in this section shall affect the making or operation of any law for the compulsory taking of possession in the public interest of any property, or the compulsory acquisition in the public interest of any property, or the compulsory acquisition in the public interest of any interest in or right over property, where that property, interest or right is held by a body corporate established by law for public purposes, in which no money has been invested other than money provided from public funds. 9. protection for privacy of home and other property except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision in the interests of defence, public safety, public order, public morality, public health, town and country planning, the development or utilisation of mineral resources or the development or utilisation of any other property in such a manner as to promote the public benefit; for the purpose of protecting the rights or freedoms of other persons; to enable an officer or agent of the government or a local authority, or a body corporate established by law for a public purpose, to enter on the premises of any person in order to value those premises for the purpose of any tax, rate or due, or in order to carry out work connected with any property that is lawfully on those premises and that belongs to the government, the local authority or that body corporate, as the case may be; or to authorise, for the purpose of enforcing the judgment or order of a court in any civil proceedings, the search of any person or property by order of a court or the entry upon any premises by such order, except so far as that provision or, as the case may be, the thing done under its authority is shown not to be reasonably justifiable in a democratic society. 10. provisions to secure protection of law where any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established every person who is charged with a criminal offence shall be presumed to be innocent until he is proved or has pleaded guilty; shall be informed as soon as reasonably practicable, in a language that he understands and, in detail, of the nature of the offence; shall be given adequate time and facilities for the preparation of his defence; shall be permitted to defend himself in person or, at his own expense, by a legal representative of his own choice or, where so prescribed, by a legal representative provided at the public expense; shall be afforded facilities to examine, in person or by his legal representative, the witnesses called by the prosecution before any court, and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before that court on the same conditions, as those applying to witnesses called by the prosecution; and shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the offence, and, except with his own consent, the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and, the trial to proceed in his absence. where a person is tried for any criminal offence, the accused person or any person authorised by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be specified by or under any law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court. no person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed. no person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial of that offence, except upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal. no person shall be tried for a criminal offence if he shows that he has been granted a pardon, by competent authority, for that offence. no person who is tried for a criminal offence shall be compelled to give evidence at the trial. any court or other authority required or empowered by law to determine the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial, and where proceedings for such a determination are instituted by any person before such a court or other authority, the case shall be given a fair hearing within a reasonable time. except with the agreement of all the parties, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other authority, including the announcement of the decision of the court or other authority, shall be held in public. nothing in subsection (9) shall prevent the court or other authority from excluding from the proceedings (except the announcement of the decision of the court or other authority) persons other than the parties and their legal representatives, to such extent as the court or other authority may by law be empowered so to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice, or in interlocutory proceedings, or in the interests of public morality, the welfare of persons under the age of 18 years or the protection of the privacy of persons concerned in the proceedings; or may by law be empowered or required to do so in the interests of defence, public safety or public order. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (2)(a), to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts; subsection (2)(d), to the extent that the law in question authorises a police officer to direct that any person arrested upon reasonable suspicion of having committed any offence offence related to terrorism or any drug dealing offence be detained in police custody for a period not exceeding 36 hours from his arrest without having access to any person other than a police officer not below the rank of inspector or a government medical officer. subsection (2)(e), to the extent that the law in question imposes conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; subsection (5), to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offence, notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him shall, in sentencing him to any punishment, take into account any punishment awarded him under that disciplinary law. in this section 'criminal offence" means a crime, misdemeanour or contravention punishable under the law of mauritius. 11. protection of freedom of conscience except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this section, that freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom, either alone or in community with others and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance. except with his own consent (or, if he is a minor, the consent of his guardian), no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion that he does not profess. no religious community or denomination shall be prevented from making provision for the giving, by persons lawfully in mauritius, of religious instruction to persons of that community or denomination in the course of any education provided by that community or denomination. no person shall be compelled to take any oath that is contrary to his religion or belief or to take any oath in a manner that is contrary to his religion or belief. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision in the interests of defence, public safety, public order, public morality or public health; or for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion or belief without the unsolicited intervention of persons professing any other religion or belief, except so far as that provision or, as the case may be, the thing done under its authority is shown not to be reasonably justifiable in a democratic society. 12. protection of freedom of expression except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, that is to say, freedom to hold opinions and to receive and impart ideas and information without interference, and freedom from interference with his correspondence. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision in the interests of defence, public safety, public order, public morality or public health; for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, or regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless broadcasting, television, public exhibitions or public entertainments; or for the imposition of restrictions upon public officers, except so far as that provision or, as the case may be, the thing done under its authority is shown not to be reasonably justifiable in a democratic society. 13. protection of freedom of assembly and association except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and, in particular, to form or belong to, trade unions or other associations for the protection of his interests. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision in the interests of defence, public safety, public order, public morality or public health; for the purpose of protecting the rights or freedoms of other persons; or for the imposition of restrictions upon public officers, except so far as that provision or, as the case may be, the thing done under its authority is shown not to be reasonably justifiable in a democratic society. 14. protection of freedom to establish schools no religious denomination and no religious, social, ethnic or cultural association or group shall be prevented from establishing and maintaining schools at its own expense. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) to, the extent that the law in question makes provision in the interests of defence, public safety, public order, public morality or public health; or for regulating such schools in the interests of persons receiving instruction in them, except so far as that provision or, as the case may be, the thing done under its authority is shown not to be reasonably justifiable in a democratic society. no person shall be prevented from sending to any such school a child of whom that person is parent or guardian by reason only that the school is not a school established or maintained by the government. in subsection (3), "child" includes a stepchild and a child adopted in a manner recognised by law, and "parent" shall be construed accordingly. 15. protection of freedom of movement no person shall be deprived of his freedom of movement, and for the purposes of this section, that freedom means the right to move freely throughout mauritius, the right to reside in any part of mauritius, the right to enter mauritius, the right to leave mauritius and immunity from expulsion from mauritius. any restriction on a person's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this section. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision for the imposition of restrictions on the movement or residence within mauritius of any person in the interests of defence, public safety, public order, public morality or public health, otherwise than pursuant to paragraph (ca); for the imposition of restrictions on the right of any person to leave mauritius in the interests of defence, public safety, public order, public morality or, public health, otherwise than pursuant to paragraph (ca) or of securing compliance with any international obligation of the government, particulars of which have been laid before the assembly; for the imposition of restrictions on the movement within mauritius or on the right of any person to leave mauritius pursuant to an order of a court or a judge of the supreme court under such law, being a law relating to offences or acts of terrorism; for the imposition of restrictions, by order of a court, on the movement or residence within mauritius of any person either in consequence of his having been found guilty of a criminal offence under the law of mauritius or for the purpose of ensuring that he appears before a court at a later date for trial in respect of such a criminal offence or for proceedings preliminary to trial or for proceedings relating to his extradition or other lawful removal from mauritius; for the imposition of restrictions on the movement or residence within mauritius of any person who is not a citizen of mauritius or the exclusion or expulsion from mauritius of any such person; for the imposition of restrictions on the acquisition or use by any person of land or other property in mauritius; for the removal of a person from mauritius to be tried outside mauritius for a criminal offence or to undergo imprisonment outside mauritius in execution of the sentence of a court in respect of a criminal offence of which he has been convicted; or for the imposition of restrictions on the right of any person to leave mauritius in order to secure the fulfilment of any obligations imposed upon that person by law, except so far as that provision or, as the case may be, the thing done under its authority is shown not to be reasonably justifiable in a democratic society. where any person whose freedom of movement has been restricted in pursuance of subsection (3)(a) or (b) so requests he shall, as soon as is reasonably practicable and in any case not more than 7 days after the making of the request, be furnished with a statement in writing in a language that he understands, specifying the grounds for the imposition of the restriction; not more than 14 days after the making of the request, and thereafter during the continuance of the restriction at intervals of not more than 6 months, his case shall be reviewed by an independent and impartial tribunal consisting of a chairman and 2 other members appointed by the judicial and legal service commission, the chairman being appointed from among persons who are entitled to practise as a barrister or as an attorney in mauritius; he or a legal representative of his own choice shall be permitted to make representations to the tribunal appointed for the review of his case; on, any review by a tribunal in pursuance of this subsection in any case, the tribunal may make recommendations concerning the necessity or expediency of continuing the restriction in question to the authority by which it was ordered and that authority shall act in accordance with any recommendation for the removal or relaxation of the restriction: provided that a person whose freedom of movement has been restricted by virtue of a restriction that is applicable to persons generally or to general classes of persons shall not make a request under this subsection unless he has first obtained the consent of the supreme court. 16. protection from discrimination subject to subsections (4), (5) and (7), no law shall make any provision that is discriminatory either of itself or in its effect. subject to subsections (6), (7) and (8), no person shall be treated in a discriminatory manner by any person acting in the performance of any public function conferred by any law or otherwise in the performance of the functions of any public office or any public authority. in this section, 'discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, caste, place of origin, political opinions, colour, creed or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages that are not accorded to persons of another such description. subsection (1) shall not apply to any law so far as that law makes provision for the appropriation of revenues or other funds of mauritius; for a minimum number of candidates for election to local authorities to be of a particular sex, with a view to ensuring adequate representation of each sex on a local authority; for a minimum number of candidates for election to the rodrigues regional assembly to be of a particular sex, with a view to ensuring adequate representation of each sex in the rodrigues regional assembly; with respect to persons who are not citizens of mauritius; or for the application, in the case of persons of any such description as is mentioned in subsection (3) (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law applicable to persons of that description. nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to race, caste, place of origin, political opinions, colour, creed or sex) to be required of any person who is appointed to any office in the public service, any office in a disciplined force, any office in the service of a local authority or any office in a body corporate established directly by any law for public purposes. subsection (2) shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (4) or (5). nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) may be subjected to any restriction on the rights and freedoms guaranteed by sections 9, 11, 12, 13, 14 and 15, being such a restriction as is authorised by section 9(2), 11(5), 12(2), 13(2), 14(2) or 15(3), as the case may be. subsection (2) shall not affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this constitution or any other law. 17. enforcement of protective provisions where any person alleges that any of sections 3 to 16 has been, is being or is likely to be contravened in relation to him, then, without prejudice to any other action with respect to the same matter that is lawfully available, that person may apply to the supreme court for redress. the supreme court shall have original jurisdiction to hear and determine any application made by any person in pursuance of subsection (1), and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing, or securing the enforcement of, any of sections 3 to 16 to the protection of which the person concerned is entitled: provided that the supreme court shall not exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law. the supreme court shall have such powers in addition to those conferred by this section as may be prescribed for the purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by this section. the chief justice may make rules with respect to the practice and procedure of the supreme court, in relation to the jurisdiction and powers conferred upon it by or under this section (including rules with respect to the time within which applications to that court may be made). 17a. payment or retiring allowances to members nothing contained in and nothing done under the authority of a law shall be held to be inconsistent with or in contravention of any provision of this constitution to the extent that the law in question makes provision for reducing, limiting, modifying, or withholding the payment of any retiring allowances to any serving or former member of the national assembly; and to the extent that the law in question makes provision for its coming into operation with retrospective effect. references in this section to the law relating to the payment of retiring allowances include (without prejudice to their generality) references to the law regulating the circumstances in which such retiring allowances may be paid or in which the grant of such retiring allowances may be refused, the law regulating the circumstances in which any such retiring allowances that have been granted may be reduced in amount, limited, modified or withheld and the law regulating the amount of any such retiring allowances. 18. derogations from fundamental rights and freedoms under emergency powers nothing contained in or done under the authority of a law shall be held to be inconsistent with or in contravention of section 5 or section 16 to the extent that the law authorises the taking during any period of public emergency of measures that are reasonably justifiable for dealing with the situation that exists in mauritius during that period: provided that no law, to the extent that it authorises the taking during a period of public emergency, other than a period during which mauritius is at war, of measures that would be inconsistent with or in contravention of section 5 or section 16 if taken otherwise than during a period of public emergency, shall have effect unless there is in force a proclamation of the president declaring that, because of the situation existing at the time, the measures authorised by the law are required in the interests of peace, order and good government. a proclamation made by the president for the purposes of this section shall, when the assembly is sitting or when arrangements have already been made for it to meet within 7 days of the date of the proclamation, lapse unless within 7 days the assembly by resolution approves the proclamation; shall, when the assembly is not sitting and no arrangements have been made for it to meet within 7 days, lapse unless within 21 days it meets and approves the proclamation by resolution; shall, if approved by resolution, remain in force for such period, not exceeding 6 months, as the assembly may specify in the resolution; may be extended in operation for further periods not exceeding 6 months at a time by resolution of the assembly; may be revoked at any time by the president, or by resolution of the assembly: provided that no resolution for the purposes of paragraph (a), (b), (c) or (d) shall be passed unless it is supported by the votes of at least two-thirds of all the members of the assembly. where a person is detained by virtue of any such law as is referred to in subsection (1) (not being a person who is detained because he is a person who, not being a citizen of mauritius, is a citizen of a country with which mauritius is at war, or has been engaged in hostilities against mauritius in association with or on behalf of such a country or otherwise assisting or adhering to such a country) he shall, as soon as is reasonably practicable and in any case not more than 7 days after the commencement of his detention, be furnished with a statement, in writing in a language that he understands, specifying in detail the, grounds upon which he is detained; not more than 14 days after the commencement of his detention, a notification shall be published in the gazette stating that he has been detained and giving particulars of the provision of law under which his detention is authorised; not more than one month after the commencement of his detention and thereafter during his detention at intervals of not more than 6 months, his case-shall be reviewed by an independent and impartial tribunal consisting of a chairman and 2 other members appointed by the judicial and legal service, commission, the chairman being appointed from among persons who are entitled to practise as a barrister or as an attorney in mauritius; he shall be afforded reasonable facilities to consult a legal representative of his own choice who shall be permitted to make representations to the tribunal appointed for the review of the case of the detained person; and at the hearing of his case by the tribunal appointed for the review of his case, he shall be permitted; to appear in person or by a legal representative of his own choice. on any review by a tribunal in pursuance of this section of the case of a detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by which it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in' accordance with any such recommendations. 19. interpretation and savings in this chapter "contravention", in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly; "court", means any court of law having jurisdiction in mauritius, including the judicial committee, but excepting, save in sections 4 and 6 and this section, a court established by a disciplinary law; "legal representative", means a person lawfully in or entitled to be in mauritius and entitled to practise in mauritius as a barrister or, except in relation to proceedings before a court in which an attorney has no right of audience, as an attorney; "member", in relation to a disciplined forte, includes any person who, under the law regulating the discipline of that force, is subject to that discipline. nothing contained in section 5(4), 15(4) or 18(3) shall be construed as entitling a person to legal representation at public expense. nothing contained in section 12, 13 or 15 shall be construed as precluding the inclusion in the terms and conditions of service of public officers of reasonable requirements as to their communication or association with other persons or as to their movements or residence. in relation to any person who is a member of a disciplined force of mauritius, nothing contained in or done under the authority of the disciplinary law of that force shall beheld to be inconsistent with or in contravention of any of the provisions of this chapter, other than sections 4, 6 and 7. in relation to any person who is a member of a disciplined force that is not a disciplined force of mauritius and who is present in mauritius in pursuance of arrangements made between the government of mauritius and another government or an international organisation, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of this chapter. no measures taken in relation to a person who is a member of a disciplined force of a country with which mauritius is at war and no law, to the extent that it authorises the taking of any such measures, shall be held to be inconsistent with or in contravention of this chapter. in this chapter 'period of public emergency" means any period during which mauritius is engaged in any war; there is in force a proclamation by the president declaring that a state of public emergency exists; or there is in force a resolution of the assembly supported by the votes of a majority of all the members of the assembly declaring that democratic institutions in mauritius are threatened by subversion. a proclamation made by the president for the purposes of subsection (7) shall, when the assembly is sitting or when arrangements have already been made for it to meet within 7 days of the date of the proclamation, lapse unless within 7 days the assembly by resolution approves the proclamation; shall, when the assembly is not sitting and no arrangements have been made for it to meet within 7 days, lapse unless within 21 days it meets and approves the proclamation by resolution, may be revoked at any time by the president, or by resolution of the assembly: provided that no resolution for the purposes of paragraph (a), or (b) shall be passed unless it is supported by the votes of a majority of all members of the assembly. a resolution passed by the assembly for the purposes of subsection (7) (c) shall remain in force for such period, not exceeding 12 months, as the assembly may specify in the resolution; may be extended in operation for further periods, not exceeding 12 months at a time by a further resolution. supported by the votes of a majority of all the members of the assembly; may be revoked at any time by resolution of the assembly. chapter iii. citizenship 20. persons who became citizens on 12 march 1968 every person who, having been born in mauritius, was an 11 march 1968 a citizen of the united kingdom and colonies became a citizen of mauritius on 12 march 1968. every person who, on 11 march 1968, was a citizen of the united kingdom and colonieshaving become such a citizen under the british nationality act 19481, by virtue of his having been naturalised by the governor of the former colony of mauritius as a british subject before that act came into force; or having become such a citizen by virtue of his having been naturalised or registered by the governor of the former colony of mauritius under that act, became a citizen of mauritius on 12 march 1968. every person who, having been born outside mauritius, was on 11 march 1968 a citizen of the united kingdom and colonies, if either of his parents became, or would but for his death have become, a citizen of mauritius by virtue of subsection (1) or subsection (2), became a citizen of mauritius on 12 march 1968. for the purposes of this section, a person shall be regarded as having been born in mauritius if he was born in the territories which were comprised in the former colony of mauritius immediately before 8 november 1965 but were not so comprised immediately before 12 march 1968 unless either of his parents was born in the territories which were comprised in the colony of seychelles immediately before 8 november 1965. 21. persons entitled to be registered as citizens any person who, on 12 march 1968, was or had been married to another personwho became a citizen of mauritius by virtue of section 20; or who, having died before 12 march 1968 would, but for his death, have become a citizen of mauritius by virtue of section 20, shall be entitled, upon making application and, if he is a british protected person or an alien, upon taking the oath of allegiance, to be registered as a citizen of mauritius: provided that, in the case of any person who, on 12 march 1968 was not a citizen of the united kingdom and colonies, the right to be registered as a citizen of mauritius under this section shall be subject to such exceptions or qualifications as may be prescribed in the interest of national security or public policy. any application for registration under this section shall be made in such manner as may be prescribed as respects that application. 22. persons born in mauritius after 11 march 1968 every person born in mauritius after 11 march 1968 shall become a citizen of mauritius at the date of his birth: provided that a person shall not become a citizen of mauritius by virtue of this section if at the time of his birth neither of his parents is a citizen of mauritius; or either of his parents is an enemy alien and the birth occurs in a place then under occupation by the enemy. 23. persons born outside mauritius after 11 march 1968 a person born outside mauritius after 11 march 1968 shall become a citizen of mauritius at the date of his birth if at that date either of his parents is a citizen of mauritius otherwise than by virtue of this section or section 20(3). 24. marriage to a citizen of mauritius any person who, after 11 march 1968, marries another person who is or becomes a citizen of mauritius shall be entitled, up on making application in such manner as may be prescribed and, if he is a british protected person or an alien, upon taking the oath of allegiance, to be registered as a citizen of mauritius: provided that the right to be registered as a citizen of mauritius under this section shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy. 25. commonwealth citizens every person who under this constitution or any other law is a citizen of mauritius or under any enactment for the time being in force in any country to which this section applies is a citizen of that country shall, by virtue of that citizenship, have the status of a commonwealth citizen. every person who is a british subject without citizenship under the british nationality act 19482, or continues to be a british subject under section 2 of that act or is a british subject under the british nationality act 19653 shall, by virtue of that status, have the status of a commonwealth citizen. except as may be otherwise provided by regulations made by the prime minister, the countries to which this section applies are antigua and barbuda, australia, bahamas, bangladesh, barbados, belize, botswana, brunei, canada, cyprus, dominica, the gambia, ghana, grenada, guyana, india, jamaica, kenya, kiribati, lesotho, malawi, malaysia, maldives, malta, namibia, nauru, new zealand, nigeria, pakistan, papua new guinea, st. christopher-nevis, st lucia, st vincent, seychelles, sierra leone, singapore, solomon islands, sri lanka, swaziland, tanzania, tonga, trinidad and tobago, tuvalu, uganda, united kingdom and colonies, vanuatu, western samoa, zambia and zimbabwe. 26. powers of parliament parliament may make provision for the acquisition of citizenship of mauritius by persons who are not eligible or who are no longer eligible to become citizens of mauritius by virtue of this chapter; for depriving of his citizenship of mauritius any person who is a citizen of mauritius otherwise than by virtue of section 20, 22 or 23; for the renunciation by any person of his citizenship of mauritius; or for the maintenance of a register of citizens of mauritius who are also citizens of other countries. 27. interpretation in this chapter, "british protected person" means a person who is a british protected person for the purposes of the british nationality act 19484. for the purposes of this chapter, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country. any reference in this chapter to the national status of the parent of a person at the time of that person's birth shall, in relation to a person born after the death of his parent, be construed as a reference to the national status of the parent at the time of the parent's death, and where that death occurred before 12 march 1968 and the birth occurred after 11 march 1968,the national status that the parent would have had if he had died on 12 march 1968 shall be deemed to be his national status at the time of his death. chapter iv. the president and the vice-president of the republic of mauritius 28. the president there shall be a president who shallbe the head of state and commander-in-chief of the republic of mauritius; uphold and defend the constitution and ensure thatthe institutions of democracy and the rule of law are protected; the fundamental rights of all are respected; and the unity of the diverse mauritian nation is maintained and strengthened. subject to section 64, the president shall, in the exercise of his functions under this constitution or any other law, act in accordance with the principles set out in subsection (1)(b). 2 the president shall be elected by the assembly on a motion made by the prime minister and supported by the votes of a majority of all the members of the assembly; and subject to this section and section 30, hold office for a term of 5 years and shall be eligible for re-election. a motion under paragraph, (a) shall not be the subject matter of a debate in the assembly. no person shall be eligible for election to the office of president unless he is a citizen of mauritius who is not less than 40 years of age and has resided in mauritius for a period of not less than 5 years immediately preceding the election. where a person is elected to the office of president, he shall not, whilst in office hold any other office of emolument, whether under the constitution or otherwise; exercise any profession or calling or engage in any trade or business. the president shall, at the expiry of his term, continue to hold office until another person assumes office as president. the office of the president shall become vacant subject to subsection (5), at the expiry of his term of office; where he dies or resigns his office by writing, addressed to the assembly and delivered to the speaker; or where he is removed or suspended from office under section 30. where the office of president is vacant, or the president is absent from mauritius or is for any other reason unable to perform the functions of his office, those functions shall be performedby the vice-president; or where there is no vice-presidentelected under section 29(2) or (7); and able to perform the functions of the office of president, by the chief justice. the person performing the functions of president under subsection (7) shall cease to perform those functions as soon asanother person is elected as president or the president resumes his office, as the case may be; or in the case of the chief justice, a vice-president as elected under section 29(2) or (7) and assumes office or the vice-president resumes his office, as the case may be. 29. the vice-president subject to subsection (7), there shall be a vice-president of the republic of mauritius. the vice-president shall be elected in the manner specified in section 28(2)(a)(i) and, subject to this section and section 30, hold office for a term of 5 years and shall be eligible for re-election; perform such functions as may be assigned to him by the president. no person shall be eligible for election to the office of vice-president unless he satisfies the conditions specified in section 28 (3). where a person is elected to the office of vice-president, he shall not, whilst in office, hold any other office of emolument, whether under the constitution or otherwise; exercise any profession or calling or engage in any trade or business. the vice-president shall, at the expiry of his term, continue to hold office until another person assumes office as vice-president. the office of the vice-president shall become vacant subject to subsection (5), at the expiry of his term of office. where he dies or resigns his office by writing addressed to the assembly and delivered to the speaker, or where he is removed or suspended from office under section 30. 7 where the office of vice-president is vacant, or the vice-president is absent from mauritius or is for any other reason unable to perform the functions of his office, those functions may be performed by such person as may be elected by the assembly in the manner specified in section 28(2)(a)(i). no person may be elected under paragraph (a) unless he satisfies the conditions specified in section 28(3). the person performing the functions of vice-president under subsection (7) shall cease to perform those functions as soon as another person is elected and assumes office as vice-president or the vice-president resumes his office, as the case may be. 30. removal of the president and the vice-president the president or the vice-president may be removed from office in accordance with this section for violation of the constitution or any other serious act of misconduct; inability to perform his functions whether arising from infirmity of mind or body be from any other cause. where, the president fails to comply with section 46(2), he may be removed from the office on a motion made by the prime minister in the assembly and supported by the votes of a majority of all the members of the assembly. the president or the vice-president shall not be removed from office for, any other cause unless a motion that the circumstances requiring the removal of the president or the vice-president be investigated by a tribunal is made in the assembly by the prime minister; the motion states with full particulars the ground on which the removal of the president or the vice-president is sought; the motion is supported by the votes of not less than two-thirds of all the members of the assembly; the tribunal, after its investigation, forwards a written report on the investigation addressed to the assembly and delivered to the speaker and recommends the removal of the president or the vice-president; and subject to paragraph (f), a motion made by the prime minister and supported by the votes of a majority of all the members of the assembly required the removal of the president or the vice-president on a recommendation to that effect by the tribunal; a motion under paragraph (e) is made where the assembly is sitting, within 20 days of the receipt of the report of the tribunal by the speaker; where the assembly is not sitting, within 20 days of the day on which the assembly resumes its sitting. the president or the vice-president shall have the right to appear and to be represented before the tribunal during its investigation. where the assembly supports a motion under subsection (3)(c), it may suspend the president or the vice-president from performing the functions of his office. a suspension under subsection (5) shall cease to have effect where-. a report under subsection (1)(d) does not recommend that the president or the vice-president ought to be removed from office; or the assembly does not support a motion under subsection (3) (4) requiring the removal of the president or the vice-president. where the assembly supports a motion under subsection (3)(e) requiring the removal of the president or the vice-president, the office of the president or the vice-president, as the case may be, shall become vacant. in this section, "tribunal," means a tribunal consisting of a chairman and 2 or 4 other members appointed by the chief justice from amongst persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil or criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from such a court. 30a. privileges and immunities subject to section 64(5), no civil or criminal proceedings shall lie against the president or the vice-president in respect of the performance by him of the functions of his office or in respect of any act done or purported to be done by him in the performance of those functions. subject to section 64(5), no process, warrant or summons shall be issued or executed against the president or the vice-president during his term of office. the president or the vice-president shall be entitled without payment of any rent or tax to the use of his official residence; to such emoluments, allowances and privileges, exempt from any tax thereon, as may be prescribed. no alteration to any of the entitlements specified in subsection (3) which is to the disadvantage of the president or the vice-president shall have effect without his consent. 30b. oaths to be taken by the president and the vice-president a person elected to the office of president or vice-president or who assumes the functions of any of those offices shall, before assuming his functions, take and subscribe the appropriate oath as set out in the third schedule. an oath under this section shall be administered by the chief justice. chapter v. parliament part i. the national assembly 31. parliament of mauritius there shall be a parliament for mauritius, which shall consist of the president and a national assembly. the assembly shall consist of persons elected in accordance with the first schedule, which makes provision for the election of 70 members. 32. speaker and deputy speaker 1 the assembly shall, at its first sitting after any general election, on motion supported by the votes of a majority of all the members of the assembly elect from among its members or otherwise, a speaker; from among its members, a deputy speaker. a motion under paragraph (a) shall not be the subject matter of a debate in the assembly. a person who is a minister shall not be qualified for election as speaker or deputy speaker. the office of the speaker or the deputy speaker shall become vacant where the speaker, in the case of a speaker who is a member of the assembly; or the deputy speaker, ceases to be a member of the assembly otherwise than by reason of the dissolution of the assembly; where he is convicted of a criminal offence, punishable by imprisonment by a court in any part of the commonwealth; is adjudged or otherwise declared bankrupt in any part of the commonwealth; or is adjudged to be of unsound mind or is detained as a criminal lunatic under any law in force in mauritius; and the assembly passes a resolution supported by the votes of a majority of all the members requiring his removal from office; where he becomes a minister; where the assembly passes a resolution supported by the votes of two-thirds of all the members requiring his removal from office; where the assembly first sits after any general election; in the case of the deputy speaker, when the assembly first sits after being prorogued; in the case of a speaker who is not a member of the assembly, where, without leave of the president previously obtained, he is absent from the sittings of the assembly for a continuous period of 3 months during any session for any reason other than his being in lawful custody, in mauritius; where he becomes a party to any contract with the government for or on account of the public service, or where any firm in which he is a partner or any company of which he is a director or manager becomes a party to any such contract, or where he becomes a partner in a firm or a director or manager of a company which is a party to any such contract, or where he becomes a trustee, manager or, with his consent, a beneficiary of a trust which is a party to any such contract. where the office of the speaker or the deputy speaker becomes vacant at anytime, the assembly, in the manner specified in subsection (1), shall, unless it is sooner dissolved, elect from among its members or otherwise, a speaker from among its members, a deputy speaker. no person shall be eligible for election as speaker unless he is a citizen of mauritius. a person elected as speaker shall not, whilst in office hold any other office of emolument, whether under the constitution or otherwise; exercise any profession or calling. a person holding the office of speaker or deputy speaker may resign his office by writing under his hand addressed to the assembly and the office shall become vacant when the writing is received by the clerk to the assembly. no business shall be transacted in the assembly (other than the election of a speaker) at any time when the office of speaker is vacant. where a motion is presented for the purposes of subsection (3)(b) or (d), the speaker or the deputy speaker, as the case may be, shall not preside over the proceedings of the assembly at that sitting. 8 notwithstanding any pending judicial proceedings by or against the speaker or the deputy speaker or any thing contained in the standing orders of the assembly, where a motion is presented to the speaker by the prime minister for the purposes of subsection (3)(b) or (d), the motion shall be required to specify the ground for such removal; form part of the business of the assembly when it first sits after presentation of the motion; have priority over all other business of the assembly; be the subject matter of a debate in the assembly; be put to the vote of members at that sitting. where a motion presented by the prime minister for the purposes of subsection (3)(b) or (d) does not form part of the business of the assembly as provided under paragraph (a)(ii), the prime minister may, before the commencement of the business at the sitting table the text of the motion in the assembly, and the motion shall thereupon be dealt with in accordance with this subsection. 33. qualifications for membership subject to section 34, a person shall be qualified to be elected as a member of the assembly if, and shall not be so qualified unless, he is a commonwealth citizen of not less than the age of 18 years; has resided in mauritius for a period of, or periods amounting in the aggregate to, not less than 2 years before the date of his nomination for election; has resided in mauritius for a period of not less, than 6 months immediately before that date; and is able to speak and, unless incapacitated by blindness or other physical cause, to read the english language with a degree of proficiency sufficient to enable him to take an active part in the proceedings of the assembly. 34. disqualifications for membership no person shall be qualified to be elected as member of the assembly who is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a power or state outside the commonwealth; is a public officer or a local government officer; is a party to, or a partner in a firm or a director or manager of a company which is a party to, any contract with the government for or on account of the public service, and has not, within 14 days after his nomination as a candidate for election, published in the english language in the gazette and in a newspaper circulating in the constituency for which he is a candidate, a notice setting out the nature of such contract and his interest, or the interest of any such firm or company, therein; has been adjudged or otherwise declared bankrupt under any law in force in any part of the commonwealth and has not been discharged or has obtained the benefit of a cessio bonorum in mauritius; is a person adjudged to be of unsound mind or detained as a criminal lunatic under any law in force in mauritius; is under sentence of death imposed on him by a court in any part of the commonwealth, or is serving a sentence of imprisonment (by whatever name called) exceeding 12 months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended; is disqualified for election by any law in force in mauritius by reason of his holding, or acting in, an office the functions of which involve any responsibility for, or, in connection with, the conduct of any election; or any responsibility for the compilation or revision of any electoral register; or is disqualified for membership of the assembly by any law in force in mauritius relating to offences connected with elections. where it is prescribed by parliament that any office in the public service or the service of a local authority is not to be regarded as such an office for the purposes of this section, a person shall not be regarded for the purposes of this section as a public officer or a local government officer, as the case may be, by reason only that he holds, or is acting in, that office. for the purpose of this section 2 or more terms of imprisonment that are required to be served consecutively shall be regarded as a single term of imprisonment for the aggregate period of those terms; and imprisonment in default of payment of a fine shall be disregarded. 35. tenure of office of members the seat in the assembly of a member shall be come vacant upon a dissolution of parliament; where he ceases to be a commonwealth citizen; where he becomes a party to any contract with the government for or on account of the public service, or where any firm in which he is a partner or any company of which he is a director or manager becomes a party to any such contract, or where, he becomes a partner in a firm or a director or manager of a company which is a party to any such contract: provided that, where in the circumstances it appears to him to be just to do so, the speaker (or, where the office of speaker is vacant or he is for any reason unable to perform the functions of his office, the deputy speaker) may exempt any member from vacating his seat under this paragraph where such member, before becoming a party to such contract, or before or as soon as practicable after becoming otherwise interested in such contract (whether as a partner in a firm or as a director or manager of a company), discloses to the speaker or, as the case may be, the deputy speaker the nature of such contract and his interest or the interest of any such firm or company therein; where he ceases to be resident in mauritius; where, without leave of the speaker (or, where the office of speaker is vacant or he is for any reason unable to perform the functions of his office, the deputy speaker) previously obtained, he is absent from the sittings of the assembly for a continuous period of 3 months during any session for any reason other than his being in lawful custody in mauritius; where any of the circumstances arise that, if he were not a member of the assembly, would cause him to be disqualified for election thereto by virtue of section 34(1)(a), (b), (d), (e), (g) or (h); in the circumstances mentioned in section 36. a member of the assembly may resign his seat by writing under his hand addressed to the speaker and the seat shall become vacant when the writing is received by the speaker or, if the office of speaker is vacant or the speaker is for any reason unable to perform the functions of his office, by the' deputy speaker or such other person as may be specified in the rules and orders of the assembly. where the seat in the assembly of a member who represents a constituency becomes vacant otherwise than by reason of a dissolution of parliament, the writ for an election to fill the vacancy shall, unless parliament is sooner dissolved, be issued within 90 days of the occurrence of the vacancy. 36. vacation of seat on sentence subject to this section, where a member of the assembly is sentenced by a court in any part of the commonwealth to death or to imprisonment (by whatever name called) for a term exceeding 12 months, he shall forthwith cease to perform his functions as a member of the assembly and his seat in the assembly shall become vacant at the expiration of a period of 30 days thereafter: provided that the speaker (or, where the office of speaker is vacant or he is for any reason unable to perform the functions of his office, the deputy speaker) may, at the request of the member, from time to time extend that period of 30 days to enable the member to pursue any appeal in respect of his conviction or sentence, so however that extensions of time exceeding in the aggregate 330 days shall not be given without the approval of the assembly signified by resolution. where at any time before the member vacates his seat he is granted a free pardon or his conviction is set aside or his sentence is reduced to a term of imprisonment of less than 12 months or a punishment, other than imprisonment is substituted, his seat in the assembly shall not become vacant under subsection (1) and he may again perform his functions as a member of the assembly. for the purpose of this section 2 or more terms of imprisonment that are required to be served consecutively shall be regarded as a single term of imprisonment for the aggregate period of those terms; and imprisonment in default of payment of a fine shall be disregarded. 36a. validity of previous elections notwithstanding any provision of this constitution relating to the election of members of the assembly or to their tenure of office as members of the assembly, where, in relation to any general election held between 1 january 1967 and 30 september 1991, any person has committed an offence against an electoral law by reason of any act or omission in relation to the printing, publishing or posting of any bill, placard or poster, that act or omission shaft not be held to have affected or to affect the validity of the election of that person to the assembly or of anything done by the assembly or that member; to have disqualified or to disqualify that person from membership of the assembly. 37. determination of questions as to membership the supreme court shall have jurisdiction to hear and determine any question whether any person has been validly elected as a member of the assembly; any person who has been elected as speaker or deputy speaker was qualified to be so elected or has vacated the office of speaker or deputy speaker as the case may be; or any member of the assembly has vacated his seat or is required, under section 36, to cease to perform his functions as a member of the assembly. an application to the supreme court for the determination of any question under subsection (1)(a) may be made by any person entitled to vote in the election to which the application relates or by any person who was a candidate at that election or by the attorney-general and, where it is made by a person other than the attorney-general, the attorney-general may intervene and may then appear or be represented in the proceedings. an application to the supreme court for the determination of any question under subsection (1)(b) may be made by any member of the assembly or by the attorney-general, and, where it is made by a person other than the attorney-general, the attorney-general may intervene and may then appear or be represented in the proceedings. an application to the supreme court for the determination of any question under subsection (1)(c) may be made by any member of the assembly or by the attorney-general; or by any person registered in some constituency as an elector, and, where it is made by a person other than the attorney-general, the attorney-general may intervene and may then appear or be represented in the proceedings. parliament may make provision with respect to the circumstances and manner in which and the imposition of conditions upon which any application may be made to the supreme court for the determination of any question under this section; and the powers, practice and procedure of the supreme court in relation to any such application. a determination by the supreme court in proceedings under this section shall not be subject to an appeal: provided that an appeal shall lie to the judicial committee in such cases as may be prescribed by parliament. in the exercise of his functions under this section, the attorney-general shall not be subject to the direction or control of any other person or authority. 38. electoral commissions there shall be an electoral boundaries commission which shall consist of a chairman and not less than two nor more than seven other members appointed by the president, acting after consultation with the prime minister, the leader of the opposition and such other persons as appear to the president, acting in his own deliberate judgement, to be leaders of parties in the assembly. there shall be an electoral supervisory commission which shall consist of a chairman and not less than 2 nor more than seven other members appointed by the president, acting after consultation with the prime minister, the leader of the opposition and such other persons as appear to the president, acting in his own deliberate judgement, to be leaders of parties in the assembly. no person shall be qualified for appointment as a member of the electoral boundaries commission or the electoral supervisory commission if he is a member of, or a candidate for election to, the assembly or any local authority or a public officer or a local government officer. subject to this, section, a member of the electoral boundaries commission or the electoral supervisory commission shall vacate his office at the expiration of 5 years from the date of his appointment; or when any circumstances arise that, if he were not a member of the commission, would cause him to be disqualified for appointment as such. the provisions of section 92(2) to (5) shall apply to a member of the electoral boundaries commission or the electoral supervisory commission as they apply to a commissioner within the meaning of section 92. 39. constituencies there shall be 21 constituencies and accordingly the island of mauritius shall be divided into 20 constituencies; rodrigues shall form one constituency: provided that the assembly may by resolution provide that any island forming part of mauritius that is not comprised in the island of mauritius or rodrigues shall be included in such one of the constituencies as the electoral boundaries commission may determine and with effect from the next dissolution of parliament after the passing of any such resolution, this section shall have effect accordingly. the electoral boundaries commission shall review the boundaries of the constituencies at such times as will enable them to present a report to the assembly 10 years, as near as may be, after 12 august 1966 and, thereafter, 10 years after presentation of their last report: provided that the commission may at any time carry out a review and present a report if it considers it desirable to do so by reason of the holding of an official census of the population of mauritius and shall do so if a resolution is passed by the assembly in pursuance of subsection (1). the report of the electoral boundaries commission shall make recommendations for any alterations to the boundaries of the constituencies as appear to the commission to be required so that the number of inhabitants of each constituency is as nearly equal as is reasonably practicable to the population quota: provided that the number of inhabitants of a constituency may be greater or less than the population quota in order to take account of means of communication, geographical features, density of population and the boundaries of administrative areas. the assembly may, by resolution, approve or reject the recommendations of the electoral boundaries commission but may not vary them; and, if so approved, the recommendations shall have effect as from the next dissolution of parliament. in this section, "population quota" means the number obtained by dividing the number of inhabitants of the island of mauritius (including any island in constituency in the island of mauritius by virtue of any resolution under subsection (1)) to the latest official census of the population of mauritius by 20. 40. electoral commissioner there shall be an electoral commissioner, whose office shall be a public office and who shall be appointed by the judicial and legal service commission. no person shall be qualified to hold or act in the office of electoral unless he is qualified to practise as a barrister in mauritius. without prejudice to section 41, in the exercise of his functions under this constitution, the electoral commissioner shall not be subject to the direction or any other person or authority. 41. functions of electoral supervisory commission and electoral commissioner the electoral supervisory commission shall have general responsibility for and shall supervise, the registration of electors for the election of members of the assembly and the conduct of elections of such members and the commission shall have such powers and other functions relating to such registration and such elections as may be prescribed. the electoral commissioner shall have such powers and other functions relating to such registration and elections as may be prescribed, and he shall keep the electoral supervisory commission fully informed concerning the exercise of his functions and shall have the right to attend meetings of the commission and to refer to the commission for their advice or decision any question relating to his functions. every proposed bill and every proposed regulation or other instrument having the force of law relating to the registration of electors for the election of members of the assembly or to the election of such members shall be referred to the electoral supervisory commission and to the electoral commissioner at such time as shall give them sufficient opportunity to make comments thereon before the bill is introduced in the assembly or, as the case ma be, the regulation or other instrument is made. the electoral supervisory commission may make such reports to the president concerning the matters under their supervision, or any draft bill or instrument that is referred to them, as they may think fit and if the commission so requests in any such report on a draft bill or instrument, that report shall be laid before the assembly. the question whether the electoral commissioner has acted in accordance with the advice of or a decision of the electoral supervisory commission shall not be enquired into any court of law. 42. qualifications of electors subject to section 43, a person shall be entitled to be registered as an elector if, and shall not be so entitled unless he is a commonwealth citizen of not less than the age of 18 years; and either he has resided in mauritius for a period of not less immediately before such date as may be prescribed by parliament domiciled in mauritius and is resident, there on the prescribed date. no person shall be entitled to be registered as an elector in more than one constituency; or in any constituency in which' he is not resident on the prescribed 43. disqualifications of electors no person shall be entitled to be registered as an elector who is under sentence of death imposed on him by a court in any part of the commonwealth, or is serving a sentence of imprisonment (by whatever name called) exceeding 12 months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended; is a person adjudged to be of unsound mind or detained as a criminal lunatic under any law in force in mauritius; or is disqualified for registration as an elector by any law in force in mauritius relating to offences connected with elections. 44. right to vote at elections any person who is registered as an elector in a constituency shall be entitled to vote in such manner as may be prescribed at any election for that constituency unless he is prohibited from so voting by any law in force in mauritius because he is a returning officer; or he has been concerned in any offence connected with elections: provided that no such person shall be entitled so to vote if on the date prescribed for polling he is in lawful custody or (except in so far as may otherwise be prescribed) he is for any other reason unable to attend in person at the place and time prescribed for polling. no person shall vote at any election for any constituency who is not registered as an elector in that constituency. part ii. legislation and procedure in national assembly 45. power to make laws subject to this constitution, parliament may make laws for the peace, order and good government of mauritius. without prejudice to subsection (1), parliament may by law determine the privileges, immunities and powers of the assembly and its members. 46. mode of exercise of legislative power the power of parliament to make laws shall be exercisable by bills passed by the assembly and assented to by the president. 2 subject to paragraphs (b) and (c), where a bill is submitted to the president for assent in accordance with this constitution he shall signify that he assents or that he withholds assent. the president shall not withhold assent under paragraph (a) in the case of a bill which makes provision for any of the purposes specified in section 54; in the case of a bill which amends any provision of the constitution and which is certified by the speaker as having complied with the requirements of section 47; in the case of any other bill, unless he is of opinion, acting in his own deliberate judgment, that the bill including any proposed amendment thereto, should be reconsidered by the assembly. where the president withholds assent under paragraph (b) (iii), he shall, within 21 days of the submission of the bill for assent, return the bill to the assembly with a request that it should reconsider the bill, including any proposed amendment thereto. where a bill is returned to the assembly under paragraph (c), the assembly shall reconsider the bill accordingly, and where it is passed again by the assembly with or without amendment and submitted anew to the president for assent, the president shall signify his assent. where the president assents to a bill that has been submitted to him in accordance with this constitution, the bill shall become law and the president shall thereupon cause it to be published in the gazette as a law. no law made by parliament shall come into operation until it has been published in the gazette but parliament may postpone the coming into operation of any such law and may make laws with retrospective effect. all laws made by parliament shall be styled "acts of parliament" and the words of enactment shall be "enacted by the parliament of mauritius." 47. alteration of constitution subject to this section, parliament may alter this constitution. a bill for an act of parliament to alter any of the following provisions of this constitution this section; sections 28 to 31, 37 to 46, 56 to 58 other than 57(2), 64, 65, 71, 72 and 108; chapters ii, vii, viii and ix; the first schedule, and chapter xi, to the extent that it relates to any of the provisions specified in paragraphs (a) to (d), shall not be passed by the assembly unless it is supported at the final voting in the assembly by the votes of not less than three quarters of all the members of the assembly. a bill for an act of parliament to alter the provisions of section 1 or 57(2) shall not be passed by the assembly unless the proposed bill has before its introduction in the assembly been submitted, by referendum, to the electorate of mauritius and has been approved by the votes of not less than three quarters of the electorate; it is supported at the final voting in the assembly by the votes of all the members of the assembly. a bill for an act of parliament to alter any provision of this constitution (but which does not alter any of the provisions of this constitution as specified in subsection (2)) shall not be passed by the assembly unless it is supported at the final voting in the assembly by the votes of not less than two-thirds of all the members of the assembly. in this section, references to altering this constitution or any part of this constitution include references to revoking it, with or without re-enactment or the making of different provision; to modifying it, whether by omitting or amending any of its provisions or inserting additional provisions in it or otherwise; and to suspending its operation for any period, or terminating any such suspension. 48. regulation of procedure in national assembly subject to this constitution, the assembly may regulate its own procedure and may, in particular, make rules for the orderly conduct of its own proceedings. 49. official language the official language of the assembly shall be english but any member may address the chair in french. 50. presiding in national assembly the speaker or in his absence the deputy speaker or in their absence a member of the assembly (not being a minister) elected by the assembly for the sitting, shall preside at any sitting of the assembly. 51. national assembly may transact business notwithstanding vacancies the assembly may act, notwithstanding any vacancy in its membership, (including any vacancy not filled when the assembly first meets after any general election) and the presence or participation of any person not entitled to be present at, or to participate in, the proceedings of the assembly shall not invalidate those proceedings. 52. quorum where at any sitting of the assembly a quorum is not present and any member of the assembly who is present objects on that account to the transaction of business and, after such interval as may be prescribed by the assembly, the person presiding at the sitting ascertains that a quorum is still not present, he shall adjourn the assembly. for the purposes of this section, a quorum shall consist of 17 members of the assembly in addition to the person presiding. 53. voting except as otherwise provided in this constitution, all questions proposed for decision in the assembly shall be determined by a majority of the votes of the members present and voting; and a member of the assembly shall not be precluded from so voting by reason only that he holds the office of speaker or deputy speaker or is presiding in the assembly. where, upon any question before the assembly that falls to be determined by a majority of the members present and voting, the votes cast are equally divided, the speaker, whether he is a member of the assembly or not, or any other person presiding, shall have and shall exercise a casting vote. 54. bills, motions and petitions except upon the recommendation of a minister, the assembly shall not proceed upon any bill (including any amendment to a bill) that, in the opinion of the person presiding, makes provision for any of the following purposes for the imposition of taxation or the alteration of taxation otherwise than by reduction; for the imposition of any charge upon the consolidated fund or other public funds of mauritius or the alteration of any such charge otherwise than by reduction; for the payment, issue or withdrawal from the consolidated fund or other public funds of mauritius of any money not charged on it or any increase in the amount of such payment, issue or withdrawal; or for the composition or remission of any debt to the government; proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, would be to make provision for any of those purposes; or receive any petition that, in the opinion of the person presiding, requests that provision be made for any of those purposes. 55. oath of allegiance no member of the assembly shall take part in the proceedings of the assembly (other than proceedings necessary for the purposes of this section) until he has taken and subscribed before the assembly the oath of allegiance prescribed in the third schedule. where a person other than a member of the assembly is elected as speaker, he shall not preside at any sitting of the assembly unless he has taken and subscribed before the assembly the oath of allegiance prescribed in the third schedule. 56. sessions the sessions of the assembly shall be held in such place and begin at such time as the president by proclamation may appoint: provided that the place at which any session of the assembly is to be held may be altered from time to time during the course of the session by further proclamation made by the president. a session of the assembly shall be held from time to time so that a period of 12 months shall not intervene between the last sitting of the assembly in one session and its first sitting in the next session. the president may address the assembly at the first sitting of every session. writs for a general election of members of the assembly shall be issued within 60 days of the date of any dissolution of parliament and a session of the assembly shall be appointed to commence within 30 days of the date prescribed for polling at any general election. 57. prorogation and dissolution of parliament the president, acting in accordance with the advice of the prime minister, may at any time prorogue or dissolve parliament: provided that where the assembly passes a resolution that it has no confidence in the government and the prime minister does not within 3 days either resign from his office or advise the president to dissolve parliament within 7 days or at such later time as the president, acting in his own deliberate judgement, may consider reasonable, the president, acting in his own deliberate judgement, may dissolve parliament; or the prime minister resigns from his office and, before resigning, advises the president to dissolve parliament, the president may, where he has reason to believe that another person is capable of forming a government with the confidence of a majority in the assembly, and acting in his own deliberate judgement, decline to act on the advice of the prime minister and may invite that other person to form a government. where the office of prime minister is vacant and the president considers there is no prospect of his being able within a reasonable time to appoint to that office a person who can command the support of a majority of the members of the assembly, the president, acting in his own deliberate judgment, may dissolve parliament. parliament unless sooner dissolved, shall continue for 5 years from the date of the first sitting of the assembly after any general election and shall then stand dissolved. at any time when mauritius is at war, parliament may from time to time extend the period of 5 years specified in subsection (2) by not more than 12 months at a time: provided that the life of parliament shall not be extended under this subsection for more than 5 years. at any time when there is in force a proclamation by the president declaring, for the purposes of section 19(7)(b), that a state of public emergency exists, parliament may from time to time extend the period of 5 years specified in subsection (2) by not more than 6 months at a time: provided that the life of parliament shall not be extended under this subsection for more than one year. where, after a dissolution and before the holding of the election of members of the assembly, the prime minister advises the president that, owing to the existence of a state of war or of a state of emergency in mauritius or any part thereof, it is necessary to recall parliament, the president shall summon the parliament that has been dissolved to meet. unless the life of parliament is extended under subsection (3) or subsection (4), the election of members of the assembly shall proceed, notwithstanding the summoning of parliament under subsection (5) and the parliament that has been recalled shall, if not sooner dissolved, again stand dissolved on the day before the day prescribed for polling at that election. chapter vi. the executive 58. executive authority of mauritius the executive authority of mauritius is vested in the president. except as otherwise provided in this constitution, that authority may be exercised by the president either directly or through officers subordinate to him. nothing in this section shall preclude persons or authorities, other than the president, from exercising such functions as may be conferred upon them by any law. 59. ministers there shall be a prime minister and a deputy prime minister who shall be appointed by the president. there shall be, in addition to the offices of prime minister, deputy prime minister and attorney-general, such other offices of minister of the government as may be prescribed by parliament or, subject to any law, established by the president, acting in accordance with the advice of the prime minister: provided that the number of offices of minister, other than the prime minister, shall not be more than 24. the president, acting in his own deliberate judgment shall appoint as prime minister the member of the assembly who appears to him best able to command the support of the majority of the members of the assembly, and shall, acting in accordance with the advice of the prime minister, appoint the deputy prime minister, the attorney-general and the other ministers from among the members of the assembly. provided that where occasion arises for making an appointment while parliament is dissolved, a person who was a member of the assembly immediately before the dissolution may be appointed; and a person may be appointed attorney-general, notwithstanding that he is not (or, as the case may be, was not) a member of the assembly. 60. tenure of office of ministers where a resolution of no confidence in the government is passed by the assembly and the prime minister does not within 3 days resign from his office, the president shall remove the prime minister from office unless, in pursuance of section 57(1), parliament has been or is to be dissolved in consequence of such resolution. where at any time between the holding of a general election and the first sitting of the assembly thereafter the president, acting in his own deliberate judgment, considers that, inconsequence of changes in the membership of the assembly resulting from that general election, the prime minister will not be able to command the support of a majority of the members of the assembly, the president may remove the prime minister from office: provided that the president shall not remove the prime minister from office within the period of 10 days immediately following the date prescribed for polling at that general election unless he is satisfied that a party or party alliance in opposition to the government and registered for the purposes of that general election under paragraph 2 of the first schedule has at that general election gained a majority of all seats in the assembly. the office of prime minister or any other minister shall become vacant where he ceases to be a member of the assembly otherwise than by reason of a dissolution of parliament; or where, at the first sitting of the assembly after any general election, he is not a member of the assembly: provided that paragraph (b) shall not apply to the office of attorney-general where the holder thereof was not a member of the assembly on the preceding dissolution of parliament. the office of a minister (other than the prime minister) shall become vacant where the president, acting in accordance with the advice of the prime minister, so directs; where the prime minister resigns from office within 3 days after the passage by the assembly of a resolution of no confidence in the government or is removed from office under subsection (1) or (2); or upon the appointment of any person to the office of prime minister. where for any period the prime minister or any other minister is unable by reason of section 36(1) to perform his functions as a member of the assembly, he shall not during that period perform any of his functions as prime minister or minister, as the case may be. 61. the cabinet there shall be a cabinet for mauritius consisting of the prime minister and the other ministers. the functions of the cabinet shall be to advise the president in the government of mauritius and the cabinet shall be collectively responsible to the assembly for any advice given to the president by or under the general authority of the cabinet and for all things done by or under the authority of any minister in execution of his office. subsection (2) shall not apply in relation to the appointment and removal from office of ministers and junior ministers, the assigning of responsibility to any minister under section 62, or the authorisation of another minister to perform the functions of the prime minister during absence or illness; the dissolution of parliament; or the matters referred to in section 75. 62. assignment of responsibilities to ministers the president, acting in accordance with the advice of the prime minister, may, by directions in writing, assign to the prime minister or any other minister responsibility for the conduct (subject to this constitution and any other law) of any business of the government, including responsibility for the administration of any department of government. 63. performance of functions of prime minister during absence or illness where the prime minister is absent from mauritius or is by reason of illness or of section 60(5) unable to perform the functions conferred on him by this constitution, the president may, by directions in writing, authorise the deputy prime minister or, in his absence, some other minister to perform those functions (other than the functions conferred by this section) and that minister may perform those functions until his authority is revoked by the president. the powers of the president under this section shall be exercised by him in accordance with the advice of the prime minister: provided that where the president, acting in his own deliberate judgment, considers that it is impracticable to obtain the advice of the prime minister owing to the prime minister's absence or illness, or where the prime minister is unable to tender advice by reason of section 60(5), the president may exercise those powers without that advice and in his own deliberate judgment. 64. exercise of president's functions in the exercise of his functions under this constitution or any other law, the president shall act in accordance with the advice of the cabinet or of a minister acting under the general authority of the cabinet except in cases where he is required by this constitution to act in accordance with the advice of, or after consultation with, any person or authority other than the cabinet or in his own deliberate judgment. the president may request the cabinet to reconsider any advice tendered by it and shall act in accordance with such advice as may be tendered by the cabinet after such reconsideration. where the president so requests, the prime minister shall submit for the consideration of the cabinet any matter on which a policy decision has been taken by a minister but which has not been considered by the cabinet. where the president is directed by this constitution to exercise any function after consultation with any person or authority other than the cabinet, he shall not be obliged to exercise that function in accordance with the advice of that person or authority. 5 subject to paragraphs (b) and (c), where the president is required by this constitution to act in accordance with the advice of or after consultation with any person or authority, the question whether in fact he has so acted shall not be called in question in any court of law. where the president dissolves parliament otherwise than under the proviso to section 57, the prime minister, may by motion, request the supreme court to enquire into the decision. upon the hearing of a motion under paragraph (b), the supreme court shall determine whether or not the president has acted in accordance with the advice, of the prime minister and where the supreme court declares that the president has not acted in accordance with such advice the dissolution of the parliament shall, subject to section 57(2), have no effect. during any period in which the office of leader of the opposition is vacant by reason that there is no such opposition party as is referred to in section 73(2)(a) and the president, acting in his own deliberate judgment, is of the opinion that no member of the assembly would be acceptable to the leaders of the opposition parties for the purposes of section 73(2)(b) or by reason that there are no opposition parties for the purposes of that section, the operation of any provision of this constitution shall, to the extent that it requires the president, the prime minister or the public service commission to consult the leader of the opposition, be suspended. 65. president to be kept informed the prime minister shall keep the president fully informed concerning the general conduct of the government of mauritius and shall furnish the president with such information as he may request with respect to any particular matter relating to the government of mauritius. 66. junior ministers subject to this section, the president, acting in accordance with the advice of the prime minister, may appoint junior ministers from among the members of the assembly to assist ministers in the performance of their duties. the number of junior ministers shall not exceed 10. where occasion arises for making appointments while the assembly is dissolved, a person who was a member of the assembly immediately before the dissolution may be appointed as a junior minister. the office of a junior minister shall become vacant where the president, acting in accordance with the advice of the prime minister, so directs; where the prime minister resigns from office within 3 days after the passage by the assembly of a resolution of no confidence in the government or is removed from office under section 60(1) or (2); upon the appointment of a person to the office of prime minister; where the holder of the office ceases to be a member of the assembly otherwise than by reason of a dissolution of parliament; or where at the first sitting of the assembly after any election, the holder of the office is not a member of the assembly. where for any period a junior minister is unable by reason of section 36(l) to perform his functions as a member of the assembly, he shall not during that period perform any of his functions as a junior minister. 67. oaths to be taken by ministers and junior ministers a minister or a junior minister shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and such oath for the due execution of his office as is prescribed by the third schedule. 68. direction of government departments where any minister has been charged with responsibility for the administration of any department of government, he shall exercise general direction and control over that department and, subject to such direction and control, any department in the charge of a minister (including the office of the prime minister or any other minister) shall be under the supervision of a permanent secretary or of some other supervising officer whose office shall be a public office: provided that any such department may be under the joint supervision of 2 or more supervising officers; and, different parts of any such department may respectively be under the supervision of different supervising officers. 69. attorney-general there shall be an attorney-general who shall be principal legal adviser to the government of mauritius. the office of attorney-general shall be the office of a minister. no person shall be qualified to hold the office of attorney-general unless he is entitled to practise as a barrister in mauritius, and, no person who is not a member of the assembly shall be qualified to hold the office it he is for any cause disqualified from membership of the assembly: provided that a person may hold the office of attorney-general notwithstanding that he holds or is acting in a public office (not being the office of director of public prosecutions). where the person holding the office of attorney-general is not a member of the assembly, he shall be entitled to take part in the proceedings of the assembly, and this constitution and any other law shall apply to him as if he were a member of the assembly: provided that he shall not be entitled to vote in the assembly. where the person holding the office of attorney-general is for any reason unable to exercise the functions conferred upon him by or under any law, those functions may be exercised by such other person, being a person entitled to practise as a barrister in mauritius (whether or not he is a member of the assembly), as the president, acting in accordance with the advice of the prime minister, may direct. 70. secretary to the cabinet there shall be a secretary to the cabinet whose office shall be a public office. the secretary to the cabinet shall be responsible, in accordance with such instructions as may be given to him by the prime minister, for arranging the business for, and keeping the minutes of, the cabinet or any of its committees and for conveying the decisions of the cabinet or any of its committees to the appropriate person or authority, and shall have such other functions as the prime minister may direct. 71. commissioner of police there shall be a commissioner of police whose office shall be a public office. the police force shall be under the command of the commissioner of police. the prime minister, or such other minister as may be authorised in that behalf by the prime minister, may give to the commissioner of police such general directions of policy with respect to the maintenance of public safety and public order as he may consider necessary and the commissioner shall comply with such directions or cause them to be complied with. nothing in this section shall be construed as precluding the assignment to a minister of responsibility under section 62 for the organisation, maintenance and administration of the police force, but the commissioner of police shall be responsible for determining the use and controlling the operations of the force and, except as provided in subsection (3), the commissioner shall not, in the exercise of his responsibilities and powers with respect to the use and operational control of the force, be subject to the direction or control of any person or authority. 72. director of public prosecutions there shall be a director of public prosecutions whose office shall be a public office and who shall be appointed by the judicial and legal service commission. no person shall be qualified to hold or act in the office of director or public prosecutions unless he is qualified for appointment as a judge of the supreme court. the director of public prosecutions shall have power in any case in which he considers it desirable so to do to institute and undertake criminal proceedings before any court of law (not being a court established by a disciplinary law); to take over and continue any such criminal proceedings that may have been instituted by any other person or authority; and to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority. the powers of the director of public prosecutions under subsection (3) may be exercised by him in person or through other persons acting in accordance with his general or specific instructions. the powers conferred upon the director of public prosecutions by subsection (3)(b) and (c) shall be vested in him to the exclusion of any other person or authority: provided that, where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority at any stage before the person against whom the proceedings have been instituted has been charged before the court. in the exercise of the powers conferred upon him by this section, the director of public prosecutions shall not be subject to the direction or control of any other person or authority. for the purposes of this section, any appeal from any determination in any criminal proceedings before any court, or any case stated or question of law reserved for the purposes of any such proceedings to any other court, shall be deemed to be part of those proceedings: provided that the power conferred on the director of public prosecutions by subsection (3)(c) shall not be exercised in relation to any appeal by a person convicted in any criminal proceedings or to any case stated or question of law reserved except at the instance of such a person. 73. leader of opposition there shall be a leader of the opposition who shall be appointed by the president. where the president has occasion to appoint a leader of the opposition, he shall in his own deliberate judgment appoint where there is one opposition party whose numerical strength in the assembly is greater than the strength of any other opposition party, the member of the assembly who is, the leader in the assembly of that party; or where there is no such party, the member of the assembly whose appointment would, in the judgment of the president, be most acceptable to the leaders in the assembly of the opposition parties: provided that, where occasion arises for making an appointment while parliament is dissolved, a person who was a member of the assembly immediately before the dissolution maybe appointed leader of the opposition. the office of the leader of the opposition shall become vacant where, after any general election, he is informed by the president that the president is about to appoint another person as leader of the opposition; where, under section 36(1), he is required to cease to perform his functions as a member of the assembly; where he ceases to be a member of the assembly otherwise than by reason of a dissolution of parliament; where, at the first sitting of the assembly after any general election, he is not a member of the assembly; or where his appointment is revoked under subsection (4). where the president, acting in his own deliberate judgment, considers that a member of the assembly, other than the leader of the opposition, has become the leader in the assembly of the opposition party having the greatest numerical strength in the assembly or, as the case may be, the leader of the opposition is no longer acceptable as such to the leaders of the opposition parties in the assembly, the president may revoke the appointment of the leader of the opposition. for the purposes of this section, 'opposition party" means a group of members of the assembly whose number includes a leader who commands their support in opposition to the government. 73a. director of economic crime office added by [act no. 31 of 2000]; repealed by [act no. 33 of 2001] 74. constitution of offices subject to this constitution and any other law, the president may constitute offices for mauritius, make appointments to any such office and terminate any such appointment. 75. prerogative of mercy the president may grant to any person convicted of any offence a pardon, either free or subject to lawful conditions; grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence; substitute a less severe form of punishment for any punishment imposed on any person for any offence; or remit the whole or part of any punishment imposed on any person for an offence or of any penalty or forfeiture otherwise due to the state on account of any offence. there shall be a commission on the prerogative of mercy (referred to in this section as "the commission") consisting of a chairman and not less that 2 other members appointed by the president, acting in his own deliberate judgment. a member of the commission shall vacate his seat on the commission at the expiration of any term of appointment specified in the instrument of his appointment; or where his appointment is revoked by the president, acting in his own deliberate judgment. 4 in the exercise of the powers conferred upon him by subsection (1), the president shall act in accordance with the advice of the commission. the president may request the commission to reconsider any advice tendered by it and shall act in accordance with such advice as may be tendered by the commission after such reconsideration. the validity of the transaction of business by the commission shall not be affected by the fact that some person who was not entitled to do so took part in the proceedings. where any person has been sentenced to death (otherwise than by a court martial) for an offence, a report on the case by the judge who presided at the trial (or, where a report cannot be obtained from that judge, a report on the case by the chief justice), together with such other information derived from the record of the case or elsewhere as may be required by or furnished to the commission shall be taken into consideration at a meeting of the commission which shall then advise the president whether or not to exercise his powers under subsection (1) in that case. this section shall not apply in relation to any conviction by a court established under the law of a country other than mauritius that has jurisdiction in mauritius in pursuance of arrangements made between the government of mauritius and another government or an international organisation relating to the presence in mauritius of members of the armed forces of that other country or in relation to any punishment imposed in respect of any such conviction or any penalty or forfeiture resulting from any such conviction. chapter vi a. the rodrigues regional assembly 75a. the rodrigues regional assembly there shall be a regional assembly for rodrigues to be known as "the rodrigues regional assembly", in this chapter referred to as "the regional assembly". the regional assembly shall consist of a chairperson, who need not be an elected member of the regional assembly, and such other members elected and holding office on such terms and conditions as may be prescribed. 75b. powers of the regional assembly subject to this constitution, the regional assembly shall have such powers and functions as may be prescribed and, in particular, the power to propose and adopt bills in relation to the matters for which it shall be responsible, which bills, when adopted by parliament in such manner as may be prescribed, shall be known as regional assembly laws and shall be so designated in the short title; may make regulations which shall be known as regional assembly regulations and shall be so designated in the heading. regional assembly laws and regional assembly regulations shall apply only to rodrigues. 75c. executive council there shall be an executive council of the regional assembly comprising of the chief commissioner and deputy chief commissioner and such number of commissioners as may be prescribed. the chief commissioner and the deputy chief and the commissioners shall be elected or appointed in such manner as may be prescribed. the chief commissioner and the other commissioners shall have such powers and exercise such functions as may be prescribed. 75d. rodrigues capital and consolidated funds there is established a fund to be known as "the rodrigues capital fund" which shall consist of such funds as may be specified for the purposes of development; a fund to be known as the " rodrigues consolidated fund" which shall consist of such monies as may every year be appropriated by the national assembly for the recurrent expenditure of the regional assembly, such other recurrent revenue as the regional assembly may lawfully collect. 75e. alteration of certain written laws subject to the provisions of the constitution, any law giving effect to this chapter and to any matters incidental thereto shall not be altered without the concurrence of the regional assembly unless such alteration is supported at the final voting in the national assembly by the votes of not less than two thirds of all the members. chapter vii. the judicature 76. supreme court there shall be a supreme court for mauritius which shall have unlimited jurisdiction to hear and determine any civil or criminal proceedings under any law other than a disciplinary law and such jurisdiction and powers as may be conferred upon it by this constitution or any other law. subject to section 77, the judges of the supreme court shall be the chief justice, the senior puisne judge and such number of puisne judges as may be prescribed by parliament: provided that the office of a judge shall not be abolished while any person is holding that office unless he consents to its abolition. 77. appointment of judges of supreme court the chief justice shall be appointed by the president acting after consultation with the prime minister. the senior puisne judge shall be appointed by the president, acting in accordance with the advice of the chief justice. the puisne judges shall be appointed by the president, acting in accordance with the advice of the judicial and legal service commission. no person shall be qualified for appointment as a judge of the supreme court unless he is, and has been for at least 5 years, a barrister entitled to practise before the supreme court. where the office of chief justice is vacant or the person holding that office is for any reason unable to perform the functions of the office, those functions shall be discharged by such one of the other judges of the supreme court as may be designated in that behalf by the president acting in accordance with the advice of the person holding the office of chief justice: provided that if the office of chief justice is vacant or if the person holding that office is on leave of absence, pending retirement, or if the president, acting in his own deliberate judgment, considers that it is impracticable to obtain the advice of that person owing to that person's absence or illness, the president shall act after consultation with the prime minister. where the office of senior puisne judge is vacant or the person holding that office is acting as chief justice or is for any reason unable to perform the functions of the office, such one of the judges of the supreme court as the president, acting in accordance with the advice of the chief justice, may appoint shall act in the office of senior puisne judge. where the office of any puisne judge is vacant or where a person holding the office of puisne judge is acting as chief justice or as senior puisne judge or is for any reason unable to perform the functions of his office or where the prime minister, having been informed by the chief justice that the state of business in the supreme court requires that the number of judges should be temporarily increased and having consulted with the chief justice, request the president to appoint an additional judge, the president, acting in accordance with the advice of the judicial and legal service commission, may appoint a person qualified for appointment as a judge of the supreme court to act as a puisne judge of that court: provided that a person may act as a puisne judge notwithstanding that he has attained the age prescribed for the purposes of section 78 (1). any person appointed under this section to act as a puisne judge shall, unless he is removed from office under section 78, continue to act for the period of his appointment or, if no such period is specified, until his appointment, is revoked by the president, acting in accordance with the advice of the chief justice: provided that a person whose appointment to act as a puisne judge has expired or has been revoked may, with the permission of the president, acting in accordance with the advice of the chief justice, continue to act as such for such a period as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him previously thereto. 78. tenure of office of judges of supreme court subject to this section, a person holding the office of a judge of the supreme court shall vacate that office on attaining the retiring age: provided that he may, with the permission of the president, acting in his own deliberate judgment, in the case of the chief justice or in any other case, in accordance with the advice of the chief justice, continue in office for such period as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age. a judge of the supreme court may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of body or mind or from any other cause) or for misbehaviour, and shall not be so, removed except in accordance with subsection (3). a judge of the supreme court shall be removed from office by the president where the question of removing him from office has, pursuant to subsection (4), been referred to the judicial committee and the judicial committee has advised that the judge ought to be removed from office for inability or misbehaviour. where the chief justice or, in relation to the removal of the person holding the office of chief justice, the president considers that the question of removing a judge of the supreme court from office for inability or misbehaviour ought to be investigated the president shall appoint a tribunal, which shall consist of a chairman and not less than 2 other members, selected by the president from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from any such court; the tribunal shall enquire into the matter and report on the facts to the president and recommend to the president whether the question of removing the judge from office should be referred to the judicial committee; and where the tribunal so recommends, the president shall refer the question accordingly. where the question of removing a judge of the supreme court from office has been referred to a tribunal under subsection (4), the president may suspend the judge from performing the functions of his office; and any such suspension may at any time be revoked by the president and shall in any case cease to have effect where the tribunal recommends to the president that he should not refer the question of removing the judge from office to the judicial committee; or where the judicial committee advises that the judge ought not to be removed from office. the functions of the president under this section shall be exercised by him in his own deliberate judgment. the retiring age for the purposes, of subsection (1) shall be the age of 62 years or such other age as may be prescribed by parliament: provided that a provision of any act of parliament, to the extent that it alters the age at which judges of the supreme court shall vacate their offices, shall not have effect in relation to a judge after his appointment unless he consents to its having effect. 79. oaths to be taken by judges a judge of the supreme court shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and such oath for the due execution of his office as is prescribed by the third schedule. 80. courts of appeal there shall be a court of civil appeal and a court of criminal appeal for mauritius, each of which shall be a division of the supreme court. the court of civil appeal shall have such jurisdiction and powers to hear and determine appeals in civil matters and the court of criminal appeal shall have such jurisdiction and powers to hear and determine appeals in criminal matters as may be conferred upon them respectively by this constitution or any other law. the judges of the court of civil appeal and the court of criminal appeal shall be the judges for the time being of the supreme court. 81. appeals to the judicial committee an appeal shall lie from decisions of the court of appeal or the supreme court to the judicial committee as of right in the following cases final decisions, in any civil or criminal proceedings, on questions as to the interpretation of this constitution; where the matter in dispute on the appeal to the judicial committee is of the value of 10,000 rupees or upwards or where the appeal involves, directly or indirectly, a claim to or a question respecting property or a right of the value of 1,000 rupees or upwards, final decisions in any civil proceedings; final decisions in proceedings under section 17; and in such other cases as may be prescribed by parliament: provided that no such appeal, shall lie from decisions of the supreme court in any case in which an appeal lies as of right from the supreme court to the court of appeal. an appeal shall lie from decisions of the court of appeal or of the supreme court to the judicial committee with the leave of the court in the following cases where in the opinion of the court the question involved in the appeal is one that, by reason of its great general or public importance or otherwise, ought to be submitted to the judicial committee, final decisions in any civil proceedings; and in such other cases as may be prescribed by parliament: provided that no such appeal shall lie from decisions of the supreme court in any case in which an appeal lies to the court of appeal, either as of right or by the leave of the court of appeal. subsections (1) and (2) shall be subject to section 37(6) and paragraphs 2(5), 3(2) and 4(4) of the first schedule. in this section, the references to final decisions of a court do not include any determination of a court that any application made to it is merely frivolous or vexatious. nothing in this section shall affect any right of the judicial committee to grant special leave to appeal from the decision of any court in any civil or criminal matter. 82. supreme court and subordinate courts the supreme court shall have jurisdiction to supervise any civil or criminal proceedings before any subordinate court and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of ensuring that justice is duly administered by any such court. an appeal shall lie to the supreme court from decisions of subordinate courts in the following cases as of right from any final decision in any civil proceedings; as of right from any final decision in criminal proceedings whereby any person is adjudged to pay a fine of or exceeding such amount as may be prescribed or to be imprisoned with or without the option of a fine; by way of case stated, from any final decision in criminal proceedings on the ground that it is erroneous in point of law or in excess of jurisdiction; and in such other cases as may be prescribed: provided that an appeal shall not lie to the supreme court from the decision given by a subordinate court in any case where, under any law an appeal lies as of right from that decision to the court of appeal; an appeal lies from that decision to the court of appeal with the leave of the court that gave the decision or of some other court and that leave has not been withheld; an appeal lies as of right from that decision to another subordinate court, or an appeal lies from that decision to another subordinate court with the leave of the court that gave the decision or of some other court and that leave has not been withheld. 83. original jurisdiction of supreme court in constitutional questions subject to sections 41(5), 64(5) and 101(1), where any person alleges that any provision of this constitution (other than chapter ii) has been contravened and that his interests are being or are likely to be affected by such contravention, then, without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the supreme court for a declaration and for relief under this section. the supreme court shall have jurisdiction, in any application made by any person in pursuance of subsection (1) or in any other proceedings lawfully brought before the court, to determine whether any provision of this constitution (other than chapter ii) has been contravened and to make a declaration accordingly: provided that the supreme court shall, not make a declaration in pursuance of the jurisdiction conferred by this subsection unless it is satisfied that the interests of the person by whom the application under subsection (1) is made or, in the case of other proceedings before the court, a party to these proceedings, are being or are likely to be affected. where the supreme court makes a declaration in pursuance of subsection (2) that any provision of the constitution has been contravened and the person by whom the application under subsection (1) was made or, in the case of other proceedings before the court, the party in those proceedings in respect of whom declaration is made, seeks relief, the supreme court may grant to that person such remedy, being a remedy available against any person in any proceedings in the supreme court under any law for the time being in force in mauritius, as the court considers appropriate. the chief justice may make rules with respect to the practice and procedure of the supreme court in relation to the jurisdiction and powers conferred on it by this section (including rules with respect to the time within which applications shall be made under subsection (1)). nothing in this section shall confer jurisdiction on the supreme court to hear or determine any such question as is referred to in section 37 or paragraph 2(5), 3(2) or 4(4) of the first schedule otherwise than upon an application made in accordance with that section or that paragraph, as the case may be. 84. reference of constitutional questions to supreme court where any question as to the interpretation of this constitution arises in any court of law established for mauritius (other than the court of appeal, the supreme court or a court martial) and the court is of opinion that the question involves a substantial question of law, the court shall refer the question to the supreme court. where any question is referred to the supreme court in pursuance of this section, the supreme court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, where the decision is the subject of an appeal to the court of appeal or the judicial committee, in accordance with the decision of the court of appeal or, as the case may be, of the judicial committee. chapter viii. service commissions and the public service 85. judicial and legal service commission there shall be a judicial and legal service commission which shall consist of the chief justice, who shall be chairman, and the following members the senior puisne judge; the chairman of the public service commission; and one other member (in this section referred to as "the appointed member") appointed by the president, acting in accordance with the advice of the chief justice. the appointed member shall be a person who is or has been a judge of a court having unlimited jurisdiction in civil or criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from any such court. where the office of the appointed member is vacant or the appointed member is for any reason unable to perform the functions of his office, the president, acting in accordance with the advice of the chief justice, may appoint a person qualified for appointment as such a member to act as a member of the commission and any person so appointed shall continue to act until his appointment is revoked by the president, acting in accordance with the advice of the chief justice. 86. appointment of judicial and legal officers power to appoint persons to hold or act in offices to which this section applies (including power to confirm appointments), to exercise disciplinary control over persons holding or acting in such offices and to, remove such persons from office shall vest in the judicial and legal service commission. the offices to which this section applies are the offices specified in the second schedule and such other offices as may be prescribed: provided that where the name of any such office is changed, or any such office is abolished, this section and that schedule shall have effect accordingly; this section shall also apply to such other offices, being offices that in the opinion of the judicial and legal service commission are offices similar to those specified in the second schedule, as may be prescribed by the commission, acting with the concurrence of the prime minister. 87. appointments of principal representatives of mauritius abroad the power to appoint persons to hold the offices of ambassador, high commissioner or other principal representative of mauritius in any other country or accredited to any international organisation and to remove such persons from office shall vest in the president, acting in accordance with the advice of the prime minister: provided, that, before advising the president to appoint to any such office a person who holds or is acting in some other public office, the prime minister shall consult the public service commission. 88. public service commission there shall a public service commission, which shall consist of 2 deputy chairmen and 4 other commissioners appointed by the president. no person shall be qualified for appointment as a commissioner of the public service commission if he is a member of or a candidate for election to, the assembly or any local authority, a public officer or a local government officer. where the office of chairman of the public service commission is vacant or the chairman is for any reason unable to perform the functions of his office, those functions shall be performed by such one of the deputy chairmen or commissioners of the commission as the president may appoint. where at any time there are less than 3 commissioners of the public service commission besides the chairman or where any such commissioner is acting as chairman or is for any reason unable to perform the functions of his office, the president may appoint a person qualified for appointment as a commissioner of the commission to act as a commissioner, and any person so appointed shall continue to act until his appointment is revoked by the president. the functions of the president under this section shall be exercised by him after consultation with the prime minister and the leader of the opposition. 89. appointment of public officers subject to this constitution, power to appoint persons to hold or act in any offices in the public service (including power to confirm appointments), to exercise disciplinary control over persons holding or acting such offices and to remove such persons from office shall vest in the public service commission. 2 the public service commission may, subject to such conditions as it thinks fit, delegates any of its powers under this section by directions in writing to any commissioner of the commission, or to any public officer. the public service commission may, subject to such conditions as it may prescribe, delegate by directions in writing, its powers under this section to enquire and report to it in the case of any professional misconduct or negligence committed by a public officer in the performance of his duties, to any appropriate statutory disciplinary body; in the case of a public officer who has been seconded for duty or transferred to a body corporate established by law for public purposes, to that body corporate. this section shall not apply to the office of chief justice or senior puisne judge; except for the purpose of making appointments thereto or to act therein, the office of director of audit ; the office of ombudsman; any office, appointments to which are within the functions of the judicial and legal service commission or the police service commission; any office to which section 87 applies; any ecclesiastical office; repealed by [act no. 5 of 1997] any office of a temporary nature, the duties attaching to which are mainly advisory and which is to be filled by a person serving under a contract on non-pensionable terms. before any appointment is made to the office of secretary to the cabinet, of financial secretary, of a permanent secretary or of any other supervising officer within the meaning of section 68, the public service commission shall consult the prime minister and no appointment to the office of secretary to the cabinet, of financial secretary or of a permanent secretary shall be made unless the prime minister concurs in it. notwithstanding subsection (1) to (4), the power to transfer any person holding any such office as is mentioned in subsection (4) to any other such office, being an office carrying the same emoluments, shall vest in the president, acting in accordance with the advice of the prime minister. before the public service commission appoints to or to act in any public office any person holding or acting in any office the power to make appointments to which is vested in the judicial and legal service commission or the police service commission, the public service commission shall consult that commission. before making any appointment to any office on the staff of the ombudsman, the public service commission shall consult the ombudsman. the public service, commission shall not exercise any of its powers in relation to any office on the personal staff of the president, or in relation to any person holding or acting in any such office, without the concurrence of the president, acting in his own deliberate judgment. references in this section to the office of financial secretary or of a permanent secretary are references to that office as established on 11 march 1968 and include references to any similar office established after that date that carries the same or higher emoluments. 90. disciplined forces service commission there shall be for mauritius a disciplined forces service commission which shall consist of the chairman of the public service commission as chairman, and 4 other commissioners who shall be appointed by the president. no person shall be qualified for appointment as a commissioner of the disciplined forces service commission where he is a member of or a candidate for election to, the assembly or any local authority, a public officer or a local government officer. where at any time there are less 2 commissioners of the disciplined forces service commission besides the chairman or where any such commissioner is for any reason unable to perform the functions of his office, the president may appoint a person who is qualified for appointment as a commissioner of the commission to act as a commissioner, and any person so appointed shall continue to act until his appointment to act is revoked by the president. the functions of the president under this section shall be exercised by him after consultation with the prime minister and the leader of the opposition. 91. appointment in the disciplined forces subject to section 93, power to appoint persons to hold or act in any office in the disciplined forces (including power to confirm appointments), to exercise disciplinary control over the persons holding or acting in such offices and to remove such persons from office shall vest in the disciplined forces service commission: provided that appointments to the office of commissioner of police shall be made after consultation with the prime minister. the disciplined forces commission may, subject to such conditions as it thinks fit, by directions in writing delegate any of its powers of discipline, removal from office to the commissioner of police or, to any other officer of the disciplined forces, but no person shall be removed from office except with the confirmation of the commission. 91a. public bodies appeal tribunal there shall be a public bodies appeal tribunal which shall, notwithstanding section 119 but subject to subsection (3), have jurisdiction to hear and determine appeals made by public officers against such final decisions of such commission established under this constitution, as may be prescribed, or of any commissioner or other person exercising powers delegated by that commission. the public bodies appeal tribunal may also hear and determine appeals made against final decisions of such other public bodies as may be prescribed. no appeal shall lie to the public bodies appeal tribunal from any decision taken by a commission prescribed under subsection (1) or by a public body prescribed under subsection (2), where the decision has been taken after consultation with, or with the concurrence of, or on the advice of, the prime minister. the public bodies appeal tribunal shall consist of a chairperson who is a barrister of not less than 10 years' standing; 2 other members who hold such qualifications as may be prescribed. 5 the members of the public bodies appeal tribunal shall be appointed by the president on the advice of the prime minister, given after consultation with the leader of the opposition. where any of the 3 members of the public bodies appeal tribunal is unable to take part in the proceedings of the tribunal on account of a direct interest in any appeal before the tribunal, or of any other reason, another member shall be appointed, on an ad hoc basis, in the manner provided for under paragraph (a), to replace that member in the appeal. no person shall be appointed under subsection (5) where he is a member of the assembly or a local authority; he is an office bearer of a political party or other political organisation; at any time during the 10 years preceding such proposed appointment, he was engaged in politics; he is a public officer, a local government officer or an employee of a statutory body; or he is a person who receives, or is entitled to receive, fees or allowances specified in section 112(3). a member of the public bodies appeal tribunal shall cease to hold office as such where any circumstances arise that, if he did not hold that office, would cause him to be disqualified for appointment. where an appointment lapses or is terminated under subsection (7), no compensation shall or become payable to the holder for loss of office by reason of the lapse or termination of his appointment. notwithstanding any other provision of the constitution proceedings before the public bodies appeal tribunal shall not be held in public, except where the tribunal decides otherwise with the agreement of the parties to an appeal; the public bodies appeal tribunal shall not be bound to communicate to any other person the contents of any report, document or other material produced by any commission or public body and, except where necessary for the purpose of making its decision, the tribunal shall make no reference to the contents thereof in its decision. a member of the public bodies appeal tribunal shall hold office for such term and on such conditions as may be determined by the president. a member of the public bodies appeal tribunal may be removed from office only for inability to discharge the functions of his office whether arising from infirmity of body or mind, or any other causes, or for misbehaviour and shall not be removed except in accordance with subsections (12) to (14). a member of the public bodies appeal tribunal shall be removed from office by the president where the question of his removal from that office has been referred to a tribunal appointed under subsection (13) and the tribunal has recommended to the president that he ought to be removed from office for inability to discharge the functions of his office or for misbehaviour. where the president, acting in his own deliberate judgment, considers that the question of removing a member of the public bodies appeal tribunal ought to be investigated the president, acting in his own deliberate judgment, shall appoint a tribunal which shall consist of a chairperson and not less than 2 other members, being persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or of a court having jurisdiction in appeals from such a court; and that tribunal shall enquire into the matter and report on the facts to the president and recommend to the president whether the member of the public bodies appeal tribunal ought to be removed under this section. where the question of removing a member has been referred to a tribunal under subsection (13), the president, acting in his own deliberate judgment, may suspend the member from performing the functions of his office and any such suspension may at any time be revoked by the president, acting in his own deliberate judgment, and shall in any case cease to have effect where the tribunal recommends to the president that the member should not be removed. the offices of the staff of the public bodies appeal tribunal shall be public offices. there shall be such provision as may be prescribed for such supplementary or ancillary matters as may appear necessary or expedient in consequence of any of the provision of this section. 92. tenure of office of members of commissions and the ombudsman notwithstanding any provision to the contrary in this constitution but subject to this section, a person holding an office to which this section applies (referred to in this section as a "commissioner") subject to paragraph (b), shall vacate his office at the expiration of 3 years from the date of his appointment; or where any circumstances arise that, if he did not hold that office, would cause him to be disqualified for appointment; except in the case of the appointed member of the judicial and legal service commission, may be required to vacate his office at any time after a general election held after the appointment. where an appointment is terminated under subsection (1) (b) no compensation shall be payable to the holder for loss of office by reason of the termination of his appointment, other than such compensation as may be prescribed under the labour act and he shall not be entitled to any other damages or compensation under any other law whatsoever. a commissioner may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with this section. a commissioner shall be removed from office by the president where the question of his removal from that office has been referred to a tribunal appointed under subsection (4) and the tribunal has recommended to the president that he ought to be removed from office for inability as aforesaid or for misbehaviour. where the president, acting in his own deliberate judgment, considers that the question of removing a commissioner ought to be investigated the president, acting in his own deliberate judgment, shall appoint a tribunal which shall consist of a chairman and not less than 2 other members, being persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or of a court having jurisdiction in appeals from such a court; and that tribunal shall enquire into the matter and report on the facts to the president and recommend to the president whether the commissioner ought to be removed under this section. where the question of removing a commissioner has been referred to a tribunal under this section, the president, acting in his own deliberate judgment, may suspend the commissioner from performing the functions of his office and any such suspension may at anytime be revoked by the president, acting in his own deliberate judgment, and shall in any case cease to have effect if the tribunal recommends to the president that the commissioner should not be removed. the offices to which this section applies are those of appointed member of the judicial and legal service commission chairman or commission of the public service commission and commissioner of the disciplined forces. provided that, in its application to the appointed member of the judicial and legal service commission, subsection (4) shall have effect as if for the words "acting in his own deliberate judgment" there were substituted the words 'acting in accordance with the advice of the chief justice. this section shall apply to the office of ombudsman as it applies to a person specified in subsection (6): provided that subsection (1) shall have effect as if the words "4 years" were substituted for the words "3 years". 93. removal of certain officers subject to this section, a person holding an office to which this section applies shall vacate that office on attaining the retiring age. any such person may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with this section. any such person shall be removed from office by the president if the question of his removal from that office has been referred to a tribunal appointed under subsection (4) and the tribunal has recommended to the president that he ought to be removed from office for inability as aforesaid or for misbehaviour. where the appropriate commission considers that the question of removing any such person ought to be investigated the president, acting in his own deliberate judgment, shall appoint a tribunal which shall consist of a chairman and not less than 2 other members, being persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from such a court; and that tribunal shall enquire into the matter and report on the facts to the president and recommend to the president whether he ought to be removed under this section. where the question of removing any such person has been referred to a tribunal under this section, the president, acting in his own deliberate judgment, may suspend him from performing the functions of his office and any such suspension may at any time be revoked by the president, acting in his own deliberate judgment, and shall in any case cease to have effect if the tribunal recommends to the president that he should not be removed. the offices to which this section applies, are those of electoral commissioner, director of public prosecutions, commissioner of police and director of audit. in this section 'the appropriate commission' means in relation to a person holding the office of electoral commissioner or director of public prosecutions, the judicial and legal service commission; in relation to a person holding the office of commissioner of police, the disciplined forces service commission; in relation to a person holding the office of director of audit, the public service commission. the retiring age for holders of the offices mentioned in subsection (6) shall be 60 or such other age as may be prescribed: provided that a provision of any law, to the extent that it alters the age at which persons holding such offices shall vacate their offices, shall not have effect in relation to any such person after his appointment unless he consents to its having effect. 94. pension laws and protection of pension rights the law to be applied with respect to any pensions benefits that were granted to any person before 12 march 1968 shall be the law that was in force at the date on which those benefits were granted or any law in force at a later date that is not less favourable to that person. the law to be applied with respect to any pensions benefits (not being benefits to which subsection (1) applies) shall in so far as those benefits are wholly in respect of a period of service as a public officer that commenced before 12 march 1968, be the law that was in force immediately before that date; and in so far as those benefits are wholly or partly in respect of a period of service as a public officer that commenced after 11 march 1968, be the law in force on the date on which that period of service commenced, or any law in force at a later date that is not less favourable to that person. where a person is entitled to exercise an option as to which of 2 or more laws shall apply in his case, the law for which he opts shall, for the purposes of this section, be deemed to be more favourable to him than the other law or laws. all pensions benefits (except so far as they are a charge on some other fund and have been duly paid out of that fund to the person or authority to whom payment is due) shall be a charge on the consolidated fund. in this section, "pensions benefits" means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as public officers or for the widows, children, dependents or personal representatives of such persons in respect of such service. references in this section to the law with respect to pensions benefits include (without prejudice to their generality) references to the law regulating the circumstances in which such benefits may be granted or in which the grant of such benefits may be refused, the law regulating the circumstances in which any such benefits that have been granted may be withheld, reduced in amount or suspended and the law regulating the amount of any such benefits. 95. power of commissions in relation to pensions where under any law any person or authority has a discretion to decide whether or not any pensions benefits shall be granted; or to withhold, reduce in amount or suspend any such benefits that have been granted, those benefits shall be granted and may not be withheld, reduced in amount or suspended unless the appropriate commission concurs in the refusal to grant the benefits or, as the case may be, in the decision to withhold them, reduce them in amount or suspend them. where the amount of any pensions benefits that may be granted to any person is not fixed by law, the amount of the benefits to be granted to him shall be the greatest amount for which he is eligible unless the appropriate commission concurs in his being granted benefits of a smaller amount. the appropriate commission shall not concur under subsection (1) or (2) in action taken on the ground that any person who holds or has held the office of electoral commissioner, director of public prosecutions, judge of the supreme court, commissioner of police, ombudsman or director of audit has been guilty of misbehaviour unless he has been removed from office by reason of such misbehaviour. in this section, 'the appropriate commission' means in the case of benefits for which any person may be eligible in respect of the service in the public service of a person who, immediately before he ceased to be a public officer, was subject to the disciplinary control of the judicial and legal service commission or that have been granted in respect of such service, the judicial and legal service commission; in the case of benefits for which any person may be eligible in respect of the service in the public service of a person who immediately before he ceased to be a public officer, was a member of a disciplined force, the disciplined forces service commission; and in any other case, the public service commission. any person who is entitled to the payment of any pensions benefits and who is ordinarily resident outside mauritius, may, within, a, reasonable time after he has received that payment, remit the whole of it (free from any deduction, charge or tax made or levied in respect of its remission) to any country of his choice, outside mauritius: provided that nothing in this subsection shall be construed as preventing the attachment, by order of a court, of any payment or part of any payment to which a person is entitled in satisfaction of the judgment of a court or pending the determination of civil proceedings to which he is a party to the extent to which such attachment is permitted by the law with respect to pensions benefits that applies in the case of that person; or the imposition of reasonable restrictions as to the manner in which any payment is to be remitted. in this section, "pensions benefits' means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as public officers or for the widows, children, dependents or personal representatives of such persons in respect of such service. chapter ix. the ombudsman 96. office of ombudsman there shall bear an ombudsman, whose office shall be a public office. the ombudsman shall be appointed by the president, acting after consultation with the prime minister, the leader of the opposition and such other persons, if any, as appear to the president, acting in his own deliberate judgment, to be leaders of parties in the assembly. no person shall be qualified for appointment as ombudsman if he is a member of, or a candidate for election to, the assembly or any local authority or is a local government officer, and no person holding the office of ombudsman shall perform the functions of any other public office. the offices of the staff of the ombudsman shall, be public offices and shall consist of that of a senior investigations officer and such other offices as may be prescribed by the president, acting after consultation with the prime minister. 97. investigations by ombudsman subject to this section, the ombudsman may investigate any action taken by any officer or authority to which this section applies in the exercise of administrative functions of that officer or authority, in any case in which a member of, the public claims, or appears to the ombudsman, to have sustained injustice in consequence of maladministration in connection with the action so taken and in which a complaint under this section is made; he is invited to do so by any minister or other member of the assembly; or he considers it desirable to do so of his own motion. this section applies to the following officers and authorities any department of the government; the police force or any member thereof, the mauritius prison service or any other service maintained and controlled by the government or any officer or authority of any such service; any authority empowered to determine the person with whom any contract or class of contracts is to be entered into by or on behalf of the government or any such officer or authority; the rodrigues regional assemble or any officer of the said assembly; any local authority or any officer of such local authority; such other officers or authorities as may be prescribed by parliament: provided that it shall not apply in relation to any of the following officers and authorities the president or his personal staff; the chief justice,; any commission established by this constitution or its staff; the director of public prosecutions or any person acting in accordance with his instructions; any person exercising powers delegated to him by the public service commission or the disciplined forces service commission, being powers the exercise of which is. subject to review or confirmation by the commission by which they were delegated. a complaint under this section may be made by an individual, or by any body of persons whether incorporated or not, not being an authority of the government or a local authority or other authority or body constituted, for purposes of the public service or local government; or any other authority or body whose members are appointed by the president or by a minister or whose revenues consist wholly or mainly of money provided from public funds. where any person by whom a complaint might have been made under subsection (3) has died or is for any reason unable to act for himself, the complaint may be made by, his personal representative or by a member of his family or other individual suitable to represent him; but except as specified in this subsection, a complaint shall not be entertained unless made by the person aggrieved himself. the ombudsman shall not conduct an investigation in respect of any complaint under this section unless the person aggrieved is resident in mauritius,(or, if he is dead, was so resident at the time of his death) or the complaint relates to action taken in relation to him while he was present in mauritius or in relation to rights or obligations that accrued or arose in mauritius. the ombudsman shall not conduct an investigation under this section in respect of any complaint under this section in so far as it relates to any action in respect of which the person aggrieved has or had a right of appeal, reference or review to or before a tribunal constituted by or under any law in force in mauritius; or any action in respect of which the person aggrieved has or had a remedy by way of proceedings in any court of law: provided that the ombudsman may conduct such an investigation notwithstanding that the person aggrieved has or had such a right or remedy if satisfied that in the particular circumstances it is not reasonable to expect him to avail himself or to have availed himself of that right or remedy; and nothing in this subsection shall preclude the ombudsman from conducting any investigation as to whether any of the provisions of chapter 11 has been contravened. the ombudsman shall not conduct an investigation in respect of any complaint made under this section in respect of any action if he is given notice in writing by the prime minister that the action was taken by a minister in person in the exercise of his own deliberate judgment. the ombudsman shall not conduct an investigation in respect of any complaint made under this section where it appears to him that the complaint is merely frivolous or vexatious; that the subject-matter of the complaint is trivia 1; that the person aggrieved has no sufficient interest in the subject-matter of the complaint; or that the making of the complaint has, without reasonable cause, been delayed for more than 12 months. the ombudsman shall not conduct an investigation under this section in respect of any matter where he is given notice by the prime minister that the investigation of that matter would not be in the interests of the security of mauritius. in this section, 'action' includes failure to act. 98. procedure in respect of investigations where the ombudsman proposes to conduct an investigation under section 97, he shall afford to the principal officer of any department or authority concerned, and to any other person who is alleged to have taken or authorised the action in question, an opportunity to comment on any allegations made to the ombudsman in respect of it. every such investigation shall be conducted in private but, except as provided in this constitution or as prescribed under section 102, the procedure for conducting an investigation shall be such as the ombudsman considers appropriate in the circumstances of the case; and without prejudice to subsection (1) the ombudsman may obtain information from such persons and in such manner, and make such enquiries, as he thinks fit, and may determine whether any person may be represented, by counsel or attorney or otherwise, in the investigation. 99. disclosure of information for the purposes of an investigation under section 97, the ombudsman may require any minister, officer or member of any department or authority concerned or any other person who in his opinion is able to furnish information or produce documents relevant to the investigation to furnish any such information or produce any such document. for the purposes of any such investigation, the ombudsman shall have the same powers as the supreme court in respect of the attendance and examination of witnesses (including the administration of oaths and the examination of witnesses abroad) and in respect of the production of documents. no obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or furnished to persons in the public service imposed by any law in force in mauritius or any rule of law shall apply to the disclosure of information for the purposes of any such investigation, and the state shall not be entitled in relation to any such investigation to any such privilege in respect of the production of documents or the giving of evidence as is allowed by law in legal proceedings. no person shall be required or authorised by virtue of this section to furnish any information or answer any question or produce any document relating to proceedings of the cabinet or any committee of cabinet, and for the purposes of this subsection, a certificate issued by the secretary to the cabinet with the approval of the prime minister and certifying that any information, question or document so relates shall be conclusive. the attorney-general may give notice to the ombudsman, with respect to any document or information specified in the notice, or any class of documents or information so specified, that in his opinion the disclosure of that document or information, or of documents or information of that class, would be contrary to the public interest in relation to defence, external relations or internal security; and where such a notice is given nothing in this section shall be construed as authorising or requiring the ombudsman or any member of his staff to communicate to any person for any purpose any document or information specified in the notice, or any document or information of a class so specified. subject to subsection (3), no person shall be compelled for the purposes of an investigation under section 97 to give any evidence or produce any document which he could not be compelled to give or produce in proceedings before the supreme court. 100. proceedings after investigation this section shall apply in every case where, after making an investigation, the ombudsman is of opinion that the action that was the subject-matter of investigation was contrary to law; based wholly or partly on a mistake of law or fact; unreasonably delayed; or otherwise unjust or manifestly unreasonable. where in any case to which this section applies the ombudsman is of opinion that the matter should be given further consideration; that an omission should be rectified; that a decision should be cancelled, reversed or varied; that any practice on which the act, omission, decision or recommendation was based should be altered; that any law on which the act, omission, decision or recommendation was based should be reconsidered; that reasons should have been given for the decision; or that any other steps should be taken, the ombudsman shall report his opinion, and his reasons, to the principal officer of any department or authority concerned, and may make such recommendations as he thinks fit; he may request that officer to notify him, within a specified time, of any steps that it is proposed to take to give effect to his recommendations; and he shall also send a copy of his report and recommendations to the prime minister and to any minister concerned. where within a reasonable time after the report is made no action is taken which seems to the ombudsman to be adequate and appropriate, the ombudsman, if he thinks fit, after considering any comments made by or on behalf of any department, authority, body or person affected, may send a copy of the report and recommendations to the prime minister and to any minister concerned, and may thereafter make such further report to the assembly on the matter as he thinks fit. 101. discharge of functions of ombudsman in the discharge of his functions, the ombudsman shall not be subject to the direction or control of any other person or authority and no proceedings of the ombudsman shall be called in question in any court of law. in determining whether to initiate, to continue or discontinue an investigation under section 97, the ombudsman shall act in accordance with his own discretion, and any question whether a complaint is duly made for the purposes of that section shall be determined by the ombudsman. the ombudsman shall make an annual report to the president concerning the discharge of his functions, which shall be laid before the assembly. 102. supplementary and ancillary provision there shall be such provision as may be prescribed for such supplementary and ancillary matters as may appear necessary or expedient in consequence of any of the provisions of this chapter, including (without prejudice to the generality of the foregoing power) provision for the procedure to be observed by the ombudsman in performing his functions; for the manner in which complaints under section 97 may be made (including a requirement that such complaints should be transmitted to the ombudsman through the intermediary of a member of the assembly); for the payment of fees in respect of any complaint or investigation; for the powers, protection and privileges of the ombudsman and his staff or of other persons or authorities with respect to any investigation) or report by the ombudsman, including the privilege of communications to and from the ombudsman and his staff; and the definition and trial of offences connected with the functions of the ombudsman and his staff and the imposition of penalties for such offences. repealed by [act no. 31 of 2000] chapter x. finance 103. consolidated fund all revenues or other money raised or received for the purposes of the government (not being revenues or other money that are payable by or under any law into some other fund established for a specific purpose or that may by or under any law be retained by the authority that received them for the purposes of defraying the expenses of that authority) shall be paid into and form one consolidated fund. 104. withdrawals from consolidated fund or other public funds no money shall be withdrawn from the consolidated fund except to meet expenditure that is charged upon the fund by this constitution or by any other law in force in mauritius; or where the issue of that money has been authorised by an appropriation law or by a supplementary estimate approved by resolution of the assembly or in such manner, and subject to such conditions, as may be prescribed in pursuance of section 106. no money shall be withdrawn from any, public fund of mauritius, other than the consolidated fund, unless the issue of that money has been authorised by or under a law. no money shall be withdrawn from, the consolidated fund except in the manner prescribed. the deposit of any money forming part of the consolidated fund with a bank or with the state agents for overseas governments and administrations or the investment of any such money in such securities as may be prescribed shall not be regarded as a withdrawal of that money from the fund for the purposes of this section. 105. authorisation of expenditure the minister responsible for finance shall cause to be prepared and laid before the assembly, before or not later than 30 days after the commencement of each financial year, estimates of the revenues and expenditure of mauritius for that year. the heads of expenditure contained in the estimates for a financial year (other than expenditure charged upon the consolidated fund by this constitution or any other law) shall be included in a bill, to be known as an appropriation bill, introduced into the assembly to provide for the issue from the consolidated fund of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified in the bill. where in any financial year it is found that the amount appropriated by the appropriation law for the purposes included in any head of expenditure is insufficient or that a need has arisen for expenditure for a purpose for which no amount has been appropriated by the appropriation law; or that any money has been expended on any head of expenditure in excess of the amount appropriated for the purposes included in that head by the appropriation law, or for a purpose for which no amount has been appropriated by the appropriation law, a supplementary estimate showing the sums required or spent shall be laid before the assembly and the heads of expenditure shall be included in a supplementary appropriation bill introduced in the assembly to provide for the appropriation of those sums, or in a motion or motions introduced into the assembly for the approval of such expenditure. where any supplementary expenditure has been approved in a financial year by a resolution of the assembly in accordance with subsection (3), a supplementary appropriation bill shall be introduced in the assembly, not later than the end of the financial year next following, providing for the appropriation of the sums so approved. 106. authorisation of expenditure in advance of appropriation where the appropriation law in respect of any financial year has not come into operation by the beginning of that financial year, the minister responsible for finance may, to such extent and subject to such conditions as may be prescribed, authorise the withdrawal of money from the consolidated fund for the purpose of meeting expenditure necessary to carry on the services of the government until the expiration of 6 months from the beginning of that financial year or the coming into operation of the appropriation law, whichever is the earlier. 107. contingencies fund there shall be such provision as may be prescribed by parliament for the establishment of a contingencies fund and for authorising the minister responsible for finance, if he is satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from that fund to meet that need. where any advance is made from the contingencies fund, a supplementary estimate shall be laid before the assembly, and a bill or motion shall be introduced, as soon as possible for the purpose of replacing the amount so advanced. 108. remuneration of certain officers there shall be paid to the holders of the offices to which this section applies such salaries and such allowances as may be prescribed. the salaries and any allowances payable to the holders of the offices to which this section applies shall be a charge on the consolidated fund. any alteration to the salary payable to any person holding any office to which this section applies or to his terms of office, other than allowances, that is to his disadvantage shall not have effect in relation to that person after his appointment unless he consents to its having effect. where a person's salary or terms of office depend upon his option, the salary or terms for which he opts shall, for the purposes of subsection (3), be deemed to be more advantageous to him than any others for which he might have opted. this section applies to the office of president, chairman or other members of the electoral boundaries commission or of the electoral supervisory commission, electoral commissioner, director of public prosecutions, chief justice, senior puisne judge, puisne judge, appointed member of the judicial and legal service commission, chairman or other member of the public service commission, appointed member of the police service commission, commissioner of police, ombudsman or director of audit. 109. public debt all debt charges for which mauritius is liable shall be a charge on the consolidated fund. for the purposes of this section, 'debt charges' includes interest, sinking fund charges, the repayment or amortisation of debt, and all expenditure in connection with the raising of loans on the security of the revenues of mauritius or the consolidated fund and the service and redemption of debt thereby created. 110. director of audit there shall be a director of audit, whose office shall be a public office and who shall be appointed by the public service commission, acting after consultation with the prime minister and the leader of the opposition. the public accounts of mauritius and of all courts of law and all authorities and officers of the government shall be audited and reported on by the director of audit and for that purpose the director of audit or any person authorised by him in that behalf shall have access to all books, records, reports and other documents relating to those accounts: provided that, if it is so prescribed in the case of any body corporate directly established by law, the accounts of that body corporate shall be audited and reported on by such person as may be prescribed. the director of audit shall submit his reports to the minister responsible for finance, who shall cause them to be laid before the assembly. in the exercise of his functions under this constitution, the director of audit shall not be subject to the direction or control of any other person or authority. chapter xi. miscellaneous 111. interpretation in this constitution "assembly" means the national assembly established by this constitution; "commonwealth" means mauritius and any country to which section 25 of this constitution for the time being applies and includes the dependencies of any such country; "court of appeal" means the court of civil appeal or the court of criminal appeal; "disciplinary law" means a law regulating the discipline of any disciplined force; or of persons serving prison sentences; "disciplined force" means a naval, military or air force; the police force; a fire service established by any law in force in mauritius; or the mauritius prison service; "financial year" means the period of 12 months ending on 30 june in any year or such other day as may be prescribed by parliament; "gazette" means the government gazette of mauritius; "government" means the government of the republic of mauritius; "island of mauritius" includes the small islands adjacent to the island of mauritius; "judicial committee" means the judicial committee of the privy council established by the judicial committee act 1833 of the united kingdom as from time to time amended by any act of parliament of the united kingdom; "local authority" means the municipal council of any city or town; the district council of any district; the village council of any village; or any new local authority created under any enactment; "local government officer" means a person holding or acting in any office of emolument in the service of a local authority but does not include a person holding or acting in the office of lord mayor, mayor, chairperson, or other member of a local authority or standing counsel or attorney of a local authority; "mauritius" includesthe islands of mauritius, rodrigues, agalega, tromelin, cargados carajos and the chagos archipelago, including diego garcia and any other island comprised in the state of mauritius; the territorial sea and the air space above the territorial sea and the islands specified in paragraph (a); the continental shelf; and such places or areas as may be designated by regulations made by the prime minister, rights over which are or may become exercisable by mauritius; "oath" includes affirmation; "oath of allegiance" means the oath of allegiance prescribed in the third schedule; "parliament" means the parliament established by this constitution; "police force" means the mauritius police force and includes any other police force established in accordance with such provision as may be prescribed by parliament; "prescribed" means prescribed, in a law: provided that in relation to anything that may be prescribed only by parliament, it means prescribed in any act of parliament; and in relation to anything that may be prescribed only by some other specified person or authority, it means prescribed in an order made by that other person or authority; "president" means the president of the republic of mauritius; "public office" means, subject to section 112, an office of emolument in the public service; "public officer" means the holder of any public office and includes a person appointed to act in any public office; "public service" means the service of the state in a civil capacity in respect of the government of mauritius; "rodrigues" means the island of rodrigues; "session" means the sittings of the assembly commencing when parliament first meets after any general election or its prorogation at any time and terminating when parliament is prorogued or is dissolved without having been prorogued; "sitting" means a period during which the assembly is sitting continuously without adjournment, and includes any period during which the assembly is in committee; "state" means the republic of mauritius; "subordinate court" means any court of law subordinate to the supreme court but does not include a court-martial; "vice-president" means the vice-president of the republic of mauritius. except as otherwise provided in this constitution, the interpretation act 1889 shall apply, with the necessary adaptations, for the purpose of interpreting this constitution and otherwise in relation to it as it applies for the purpose of interpreting and in relation to acts of the parliament of the united kingdom. 112. references to public office in this constitution, "public office" shall be construed as including the offices of judges of the supreme court, the offices of members of all other courts of law in mauritius (other than courts martial), the offices of members of the police force and the offices of the president's personal staff; and shall not be construed as including the office of member of the assembly, or the rodrigues regional assembly or its chairperson; any office, appointment to which is restricted, to members of the assembly; or the rodrigues regional assembly; the office of member of any commission or tribunal established by this constitution. for the purposes of this constitution, a person shall not be considered as holding a public office or a local government office, as the case may be, by reason only that he is in receipt of a pension or other like allowance in respect of service of the state or under a local authority. for the purposes of sections 38(3), 88(2), and 90(2), a person shall not be considered as holding a public office or a local government office, as the case may be, by reason only that he is in receipt of fees and allowances by virtue of his membership of a board, council, committee, tribunal or other similar authority (whether incorporated or not). 113. appointment to certain offices a suitably qualified person may, irrespective of his age, be appointed to hold the office of electoral commissioner, director of public prosecutions, chief justice, senior puisne judge, puisne judge, commissioner of police or director of audit for such term, not exceeding 4 years as may be specified in the instrument of appointment and this constitution shall have effect in relation to any person so appointed as if he would attain, the retiring age applicable to that office on the day on which the specified term expires. notwithstanding any provision to the contrary in this constitution but subject to subsection (3), an appointment made under section 87 or 89(3)(h) shall be for such term as may be specified in the instrument of appointment. an appointment to which subsection (2) applies subject to paragraph (b), shall terminate at the expiry of the term specified in the instrument of appointment; may be terminated at any time after a general election held after the appointment. where under any law other than this constitution, an appointment is made to an office by the prime minister, the deputy prime minister, or any other minister or on his advice or after consultation with him, or with his approval, the holder of the office may, notwithstanding any provision to the contrary in this constitution, be required to vacate the office at any time after a general election held after the appointment. where an appointment is terminated under subsection (3)(b) or (4),no compensation shall be payable to the holder for loss of office by reason of the termination of his appointment, other than such compensation as may be prescribed under the labour act and he shall not be entitled to any other damages or compensation under any other law whatsoever. 114. acting appointments in this constitution, a reference to the holder of an office by the term designating his office shall be construed as including a reference to any person for the time being lawfully acting in or exercising the functions of that office. where power is vested by this constitution in any person or authority to appoint any person to act in or perform the functions of any office where the holder of the office is himself unable to perform those functions, no such appointment shall be called in question on the ground that the holder of the office was not unable to perform those functions. 115. reappointments and concurrent appointments where any person has vacated any office established by this constitution, he may, if qualified, again be appointed or elected to hold that office in accordance with this constitution. where a power is conferred by this constitution upon any person to make any appointment to any office, a person may be appointed to that office, notwithstanding that some other person may be holding that office, when that other person is on leave of absence pending the relinquishment of the office; and where, 2 or more persons are holding the same office by reason of an appointment made in pursuance of this subsection, then, for the purposes of any function conferred upon the holder of that office, the person last appointed shall be deemed to be the sole holder of the office. 116. removal from office references in this constitution to the power to remove a public officer from his office shall be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service and to any power or right to terminate a contract on which a person is employed as a public officer and to determine whether any such contract shall or shall not be renewed: provided that nothing in this subsection shall be construed as conferring on any person or authority power to require any person to whom section 78(2) to (6) or section 92(2) to (5) apply to retire from the public service; and any power conferred by any law to permit a person to retire from the public service shall, in the case of any public officer who may be removed from office by some person or authority other than a commission established by this constitution, vest in the public service commission. any provision in this constitution that vests in any person or authority power to remove a public officer from his office shall be without prejudice to the power of any person or authority to abolish any office or to any law providing for the compulsory retirement of public officers generally or any class of public officer on attaining an age specified in it. 117. resignations any person who has been appointed, to any office established by this constitution may resign from that office by writing under his hand addressed to the person or authority by whom he was appointed, and the resignation shall take effect, and the office shall accordingly become vacant at such time or on such date (if any) as may be specified in the writing; or when the writing is received by the person or authority to whom it is addressed or by such other person as may be authorised by that person or authority to receive it, whichever is the later: provided that the resignation may be withdrawn before it takes effect where the person or authority to whom the resignation is addressed consents to its withdrawal. 118. performance of functions of commissions and tribunals any commission established by this constitution may by regulations make provision for regulating and facilitating the performance by the commission of its functions under this constitution. any decision of any such commission shall require the concurrence of a majority of all the members and, subject to this subsection, the commission may act, notwithstanding the absence of any member: provided that where in any particular case a vote of all the members is taken to decide the question and the votes cast are equally divided, the chairman shall have and shall exercise a casting vote. subject to this section, any such commission may regulate its own procedure. subject to section 91a, in the exercise of its functions under this constitution, no such commission shall be subject to the direction or control of any other person or authority. in addition to the functions conferred upon it by or under this constitution, any such commission shall have such powers and other functions as may be prescribed. the validity of the transaction of business of any such commission shall not be affected by the fact that some person who was not entitled to do so took part in the proceedings. subsections (1), (2), (3) and (4) shall apply in relation to a tribunal established for the purposes of sections 5(4), 15(4), 18(3), 78(4), 92(4), or 93(4) as they apply in relation to a commission established by this constitution, and any such tribunal shall have the same powers as the supreme court in respect of the attendance and examination of witnesses (including the administration of oaths and the examination of witnesses abroad) and in respect of the production of documents. 119. saving for jurisdiction of courts no provision of this constitution that any person or authority shall not be subject to the direction or control of any other person or authority in the exercise of any functions under this constitution shall be construed as precluding a court of law from exercising jurisdiction in relation to any question, whether that person or authority has performed those functions in accordance with this constitution or any other law or should not perform those functions. 120. power to amend and revoke instruments where any power is conferred by this constitution to make any order, regulation or rule, or to give any direction, the power shall be construed as including the power, exercisable in like manner, to amend or revoke any such order, regulation, rule or direction. 121. consultation where any person or authority, other than the president, is directed by this constitution to exercise any function after consultation with any other person or authority, that person or authority shall not be obliged to exercise that function in accordance with the advice of that other person or authority. 122. parliamentary control over certain subordinate legislation all laws, other than acts of parliament, that make such provision as is mentioned in section 5(1) or section 15(3) or that establish new criminal offences or impose new penalties shall be laid before the assembly as soon as is practicable after they are made and (without prejudice to any other power that may be vested in the assembly in relation to any such law) any such law may be revoked by the assembly by resolution passed within 30 days after it is laid before the assembly: provided that where it is so prescribed by parliament in relation to any such law, that law shall not be laid before the assembly during a period of public emergency within the meaning of chapter ii; in reckoning the period of 30 days after any such law is laid before the assembly, no account shall be taken of any period during which parliament is dissolved or prorogued or is adjourned for more than 4 days. first schedule. section 31 (2) 1. elected members to be returned by constituencies there shall be 62 seats in the assembly for members representing constituencies and accordingly each constituency shall return 3 members to the assembly in such manner as may be prescribed, except rodrigues, which shall so return 2 members. every member returned by a constituency shall be directly elected in accordance with this constitution at a general election or by-election held in such manner as may be prescribed. every vote cast by an elector at any election shall be given by means of a ballot which, except in so far as may be otherwise prescribed in relation to the casting of votes by electors who are incapacitated by blindness or other physical cause or unable to read or understand any symbols on the ballot paper, shall be taken so as not to disclose how any vote is cast; and no vote cast by any elector at any general election shall be counted unless he cast valid votes for 3 candidates in the constituency in which he is registered or, in the case of an elector registered in rodrigues, for 2 candidates in that constituency. 2. registration of parties every political party in mauritius, being a lawful association, may, within 14 days before the day appointed for the nomination of candidates for election at any general election of members of the assembly, be registered as a party for the purposes of that general election and paragraph 5(7) by the electoral supervisory commission upon making application in such manner as may be prescribed: provided that any 2 or more political parties may be registered as a party alliance for those purposes, in which case they shall be regarded as a single party for those purposes; and this schedule shall be construed accordingly. every candidate for election at any general election may at his nomination declare in such manner as may be prescribed that he belongs to a party that is registered as such for the purpose of that general election and, if he does so, he shall be regarded as a member of that party for those purposes, while if he does not do so, he shall not be regarded as a member of any party for those purposes; and where any candidate is regarded as a member of a party for those purposes, the name of that party shall be stated on any ballot paper prepared for those purposes upon which his name appears. where any party is registered under this paragraph, the electoral supervisory commission shall from time to time be furnished in such manner as may be prescribed with the names of at least 2 persons, any one of whom is authorised to discharge the functions of leader of that party for the purposes of the proviso to paragraph 5(7). there shall be such provision as may be prescribed requiring persons who make applications or declarations for the purposes of this paragraph to furnish evidence with respect to the matters stated in such applications or declarations and to their authority to make such applications or declarations. there shall be such provision as may be prescribed for the determination, by a judge of the supreme court before the day appointed for the nomination of candidates at a general election, of any question incidental to any such application or declaration made in relation to that general election, and the determination of the judge shall not be subject to appeal. 3. communities every candidate for election at any general election of members of the assembly shall declare in such manner as may be prescribed which community he belongs to and that community shall be stated in a published notice of his nomination. within 7 days of the nomination of any candidate at an election, an application may be made by an elector in such manner as may be prescribed to the supreme court to resolve any question as to the correctness of the declaration relating to his community made by that candidate in connection with his nomination, in which case the application shall (unless withdrawn) be heard and determined by a judge of the supreme court, in such manner as may be prescribed, within 14 days of the nomination, and the determination of the judge shall not be subject to appeal. for the purposes of this schedule, each candidate at an election shall be regarded as belonging to the community to which he declared he belonged at his nomination as such or, if the supreme court has held in proceedings questioning the correctness of his declaration that he belongs to another community, to that other community, but the community to which any candidate belongs for those purposes shall not be stated upon any ballot paper prepared for those purposes. for the purposes of this schedule, the population of mauritius shall be regarded as including a hindu community, a muslim community and a sino-mauritian community; and every person who does not appear, from his way of life, to belong to one or other of those 3 communities shall be regarded as belonging to the general population, which shall itself be regarded as a fourth community. 4. provisions with respect to nominations where it is so prescribed, every candidate for election as a member of the assembly shall in connection with his nomination make a declaration in such manner as may be prescribed concerning his qualifications for election as such. there shall be such provision as may be prescribed for the determination by a returning officer of questions concerning the validity of any nomination of a candidate for election as a member of the assembly. where a returning officer decides that a nomination is valid, his decision shall not be questioned in any proceedings other than proceedings under section 37. where a returning officer decides that a nomination is invalid, his decision may be questioned upon an application to a judge of the supreme court made within such time and in such manner as may be prescribed, and the determination of the judge shall not be subject to appeal. 5. allocation of 8 additional seats in order to ensure a fair and adequate representation of each community, there shall be 8 seats in the assembly, additional to the 62 seats for members representing constituencies, which shall so far as is possible be allocated to persons belonging to parties who have stood as candidates for election. as members at the general election but have not been returned as members to represent constituencies. as soon as is practicable after all the returns have been made of persons elected at any general election as members to represent constituencies, the 8 additional seats shall be allocated in accordance with the following provisions of this paragraph by the electoral supervisory commission which shall so far as is possible make a separate determination in respect of each seat to ascertain the appropriate unreturned candidate (if any) to fill that seat. the first 4 of the 8 seats shall so far as is possible each be allocated to the most successful unreturned candidate, if any, who is a member of a party and who belongs to the appropriate community, regardless of which party he belongs to. when the first 4 seats (or as many as possible of those seats) have been allocated, the number of such seats that have been allocated to persons who belong to parties, other than the most successful party, shall be ascertained and so far as is possible that number of seats out of the second 4 seats shall one by one be allocated to the most successful unreturned candidates (if any) belonging both to the most successful party and to the appropriate community or where there is no unreturned candidate of the appropriate community, to the most successful unreturned candidates belonging to the most successful party, irrespective of community. in the event that any of the 8 seats remains unfilled, then the following procedure shall so far as is possible be followed until all (or as many as possible) of the 8 seats are filled, that is to say, one seat shall be allocated to the most successful unreturned candidate (if any) belonging both to the most successful of the parties that have not received any of the 8 seats and to the appropriate community, the next seat (if any) shall be allocated to the most successful unreturned candidate (if any) belonging both to the second most successful of those parties and to the appropriate community, and so on as respects any remaining seats and any remaining parties that have not received any of the 8 seats. in the event that any of the 8 seats still remains unfilled, then the following procedure shall so far as is possible be followed (and, if necessary, repeated) until all (or as many as possible) of the 8 seats are filled, that is to say, one seat shall be allocated to the most successful unreturned candidate (if any) belonging both to the second most successful party and to the appropriate community, the next seat (if any) shall be allocated to the most successful unreturned candidate (if any) belonging both to the third most successful party (if any) and to the appropriate community, and so on as respects any remaining seats and parties. where at any time before the next dissolution of parliament one of the 8 seats falls vacant, the seat shall as soon as is reasonably practicable after the occurrence of the vacancy be allocated by the electoral supervisory commission to the most successful unreturned candidate (if any) available who belongs to the appropriate community and to the party to whom the person to whom the seat was allocated at the last general election belonged: provided that, where no candidate of the appropriate community who belongs to that party is available, the seat shall be allocated to the most successful unreturned candidate available who belongs to the appropriate community and who belongs to such other party as is designated by the leader of the party with no available candidate. the appropriate community means, in relation to the allocation of any of the 8 seats, the community that has an unreturned candidate available (being a person of the appropriate party, where the seat is one of the second 4 seats) and that would have the highest number of persons (as determined by reference to the results of the published 1972 official census of the whole population of mauritius) in relation to the number of seats in the assembly held immediately before the allocation of the seat by persons belonging to that community (whether as members elected to represent constituencies or otherwise), where the seat was also held by a person belonging to that community: provided that, if, in relation to the allocation of any seat, 2 or more communities have the same number of persons as aforesaid preference shall be given to the community with an unreturned candidate who was more successful than the unreturned candidates of the other community or communities (that candidate and those other candidates being persons of the appropriate party, where the seat is one of the second 4 seats). the degree of success of a party shall, for the purposes of allocating any of the 8 seats at any9 general election of members of the assembly, be assessed by reference to the number of candidates belonging to that party returned as members to represent constituencies at that election as compared with the respective numbers of candidates of other parties so returned, no account being taken of a party that had no candidates so returned or of any change in the membership of the assembly occurring because the seat of a member so returned becomes vacant for any cause, and the degree of success of an unreturned candidate of a particular community (or of a particular party and community) at any general election shall be assessed by comparing the percentage of all the valid votes cast in the constituency in which he stood for election secured by him at that election with the percentages of all the valid votes cast in the respective constituencies in which they stood for election so secured by other unreturned candidates of that particular community (or as the case may be, of that particular party and that particular community), no account being taken of the percentage of votes secured by any unreturned candidate who has already been allocated one of the 8 seats at that election or by any unreturned candidate who is not a member of a party: provided that if, in relation to the allocation of any seat, any 2 or more parties have the same number of candidates returned as members elected to represent constituencies, preference shall be given to the party with an appropriate unreturned candidate who was more successful than the appropriate unreturned candidate or candidates of the other party or parties. any number required for the purpose of subparagraph (8) or any percentage required for the purposes of subparagraph (9) shall be calculated to not more than 3 places of decimals where it cannot be expressed as a whole number. repealed by [act no. 2 of 1982] second schedule. section 86 solicitor-general parliamentary counsel judge in bankruptcy and master and registrar assistant solicitor-general principal state counsel senior state counsel magistrate (including the presiding magistrate or a magistrate of the intermediate court or of the industrial court or a senior district magistrate) state counsel principal state attorney senior state attorney state attorney assistant state attorney third schedule. sections 21(1), 24, 30b, 55, 67 and 79 "oath of president" i ...................................... do swear (or solemnly affirm) that i will faithfully execute the office of president and will, to the best of my ability without favour or prejudice, defend the constitution and the institutions of democracy and the rule of law, ensure that the fundamental rights are protected and the unity of the diverse mauritian nation maintained and strengthened." "oath of vice-president" i ...................................... do swear (or solemnly affirm) that i will bear true faith and allegiance to the constitution and the law and that i will faithfully discharge the duty upon which i am about to enter. oath of allegiance i, ...................................... do swear (or solemnly affirm) that i will be faithful and bear true allegiance to mauritius according to law. (so help me god). oath for the due execution of the office of the prime minister or other minister or junior minister i, ................................. , being appointed prime minister/minister/junior minister, do swear (or solemnly affirm) that i will to the best of my judgment, at all times when so required, freely give my counsel and advice to the president (or any other person for the time being lawfully performing the functions of that office) for the good management of the public affairs of mauritius, and i do further swear (or solemnly affirm) that i will not on any account, at any time whatsoever, disclose the counsel, advice, opinion or vote of any particular minister or junior minister and that i will not, except with the authority of the cabinet and to such extent as may be required for the good management of the affairs of mauritius, directly or indirectly reveal the business or proceedings of the prime minister/minister/junior minister or any matter coming to my knowledge in my capacity as such and that in all things i will be a true and faithful prime minister/minister/junior minister. (so help me god). judicial oath i, ...................................... , do swear (or solemnly affirm) that i will well and truly serve mauritius and the constitution in the office of chief justice/judge of the supreme court and i will do right to all manner of people after the laws and usages of mauritius without fear or favour, affection or ill will. (so help me god). fourth schedule. section 102a repealed by [act no. 31 of 2000] chapter i the kingdom and its constitution 1. the kingdom and its territory lesotho shall be a sovereign democratic kingdom. the territory of lesotho shall comprise all the areas that immediately before 4th october 1966 were comprised in the former colony of basutoland together with such other areas as may from time to time be declared by an act of parliament to form part of lesotho. 2. the constitution this constitution is the supreme law of lesotho and if any other law is inconsistent with this constitution, that other law shall, to the extent of the inconsistency, be void. 3. official languages, national seal, etc the official languages of lesotho shall be sesotho and english and, accordingly, no instrument or transaction shall be invalid by reason only that it is expressed or conducted in one of those languages. subject to the provisions of this section, the national seal of lesotho shall be such device, and the national anthem and national flag shall be such anthem and flag, as the case may be, as may be prescribed by or under an act of parliament. a bill for an act of parliament for the purposes of this section shall not be presented to the king for assent unless it is supported at the final voting in the national assembly by the votes of no less than two-thirds of all the members of the national assembly. chapter ii. protection of fundamental human rights and freedoms 4. fundamental human rights and freedoms whereas every person in lesotho is entitled, whatever his race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status to fundamental human rights and freedoms, that is to say, to each and all of the following-the right to life; the right to personal liberty; freedom of movement and residence; freedom from inhuman treatment; freedom from slavery and forced labour; freedom from arbitrary search or entry; the right to respect for private and family life; the right to a fair trial of criminal charges against him and to a fair determination of his civil rights and obligations; freedom of conscience; freedom of expression; freedom of peaceful assembly; freedom of association; freedom from arbitrary seizure of property; freedom from discrimination; the right to equality before the law and the equal protection of the law; and the right to participate in government, the provisions of this chapter shall have effect for the purpose of affording protection to those rights and freedoms, subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the rights and freedoms of others or the public interest. for the avoidance of doubt and without prejudice to any other provision of this constitution it is hereby declared that the provisions of this chapter shall, except where the context otherwise requires, apply as well in relation to things done or omitted to be done by persons acting in a private capacity (whether by virtue of any written law or otherwise) as in relation to things done or omitted to be done by or on behalf of the government of lesotho or by any person acting in the performance of the functions of any public office or any public authority. 5. right to life every human being has an inherent right to life. no one shall be arbitrarily deprived of his life. without prejudice to any liability for a contravention of any other law with respect to the use of force in such cases as are hereinafter mentioned, a person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use of force to such extent as is necessary in the circumstances of the case-for the defence of any person from violence or for the defence of property; in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; for the purpose of suppressing a riot, insurrection or mutiny; or in order to prevent the commission by that person of a criminal offence, or if he dies as the result of a lawful act of war or in execution of the sentence of death imposed by a court in respect of a criminal offence under the law of lesotho of which he has been convicted. 6. right to personal liberty every person shall be entitled to personal liberty, that is to say, he shall not be arrested or detained save as may be authorised by law in any of the following cases, that is to say-in execution of the sentence or order of a court, whether established for lesotho or for some other country, in respect of a criminal offence of which he has been convicted; in execution of the order of the court punishing him for contempt of that court or of a tribunal; in execution of the order of a court made to secure the fulfilment of any obligation imposed on him by law; for the purpose of bringing him before a court in execution of the order of a court; upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law of lesotho; in the case of a person who has not attained the age of eighteen years, for the purpose of his education or welfare; for the purpose of preventing the spread of an infectious or contagious disease; in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care and treatment or the protection of the community; for the purpose of preventing the unlawful entry of that person into lesotho, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from lesotho or for the purpose of restricting that person while he is being conveyed through lesotho in the course of his extradition or removal as a convicted prisoner from one country to another; or to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within lesotho or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person with a view to the making of any such order or relating to such an order after it has been made, or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of lesotho in which, in consequence of any such order, his presence would otherwise be unlawful. any person who is arrested or detained shall be informed as soon as is reasonably practicable, in a language that he understands, of the reasons for his arrest or detention. any person who is arrested or detained-for the purpose of bringing him before a court in execution of the order of a court; or upon reasonable suspicion of his having committed, or being about to commit, a criminal offence, and who is not released, shall be brought before a court as soon as is reasonably practicable, and where he is not brought before a court within forty-eight hours of his arrest or from the commencement of his detention, the burden of proving that he has been brought before a court as soon as is reasonably practicable shall rest upon any person alleging that the provisions of this subsection have been complied with. where any person is brought before a court in execution of the order of a court in any proceedings or upon suspicion of his having committed or being about to commit an offence, he shall not be thereafter further held in custody in connection with those proceedings or that offence save upon the order of a court. if any person arrested or detained upon suspicion of his having committed, or being about to commit, a criminal offence is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial. without prejudice to the generality of any other provision of this constitution or any other law by virtue of which a person is entitled to redress for a contravention of this section, any person who is unlawfully arrested or detained by any other person shall be entitled to compensation from that other person or from any other person or authority on whose behalf that other person was acting. 7. freedom of movement every person shall be entitled to freedom of movement, that is to say, the right to move freely throughout lesotho, the right to reside in any part of lesotho, the right to enter lesotho, the right to leave lesotho and immunity from expulsion from lesotho. any restriction on a person's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this section. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision-for the imposition of restrictions in the interest of defence, public safety, public order, public morality or public health on the movement or residence within lesotho of any person or any person's right to leave lesotho: provided that a person shall not be permitted to rely in any judicial proceedings upon such a provision of law as is referred to in this paragraph except to the extent to which he satisfies the court that the provision or, as the case may be, the thing done under the authority thereof does not restrict the movement or residence within lesotho or the right to leave lesotho of the person concerned to a greater extent than is necessary in a practical sense in a democratic society in the interests of any of the matters specified in this paragraph; for the imposition of restrictions, by order of a court, on the movement or residence within lesotho of any person or on any person's right to leave lesotho either in consequence of his having been convicted of a criminal offence under the law of lesotho or for the purpose of ensuring that he appears before a court at a later date for trial in respect of such a criminal offence or for proceedings preliminary to trial or for proceedings relating to his extradition or lawful removal from lesotho; for the prohibition from entry into lesotho of a person who is not a citizen of lesotho; for the imposition of restrictions on the freedom of movement of any person who is not a citizen of lesotho; for the imposition of restrictions on the acquisition or use by any person of land or other property in lesotho; for the imposition of restrictions upon the movement or residence within lesotho or on the right to leave lesotho of any public officer; for the removal of a person from lesotho to be tried or punished in some other country for a criminal offence under the law of that other country or to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offence of which he has been convicted under the law of lesotho; or for the imposition of restrictions on the right of any person to leave lesotho that are necessary in a practical sense in a democratic society in order to secure the fulfilment of any obligations imposed on that person by law. if any person whose freedom of movement has been restricted by virtue of such a provision as is referred to in subsection (3)(a) so requests at any time during the period of that restriction not earlier than one month after the order was made or three months after he last made such a request, as the case may be, his case shall be investigated by an independent and impartial tribunal presided over by a person appointed by the chief justice: provided that a person whose freedom of movement has been restricted by virtue of a restriction that is applicable to persons generally or to general classes of persons shall not make a request under this subsection unless he has first obtained the consent of the high court. on any investigation by a tribunal in pursuance of subsection (4) of this section of the case of any person whose freedom of movement has been restricted, the tribunal may make recommendations concerning the necessity or expediency of continuing that restriction to the authority by whom it was ordered and, unless it is otherwise provided by law, that authority shall be obliged to act in accordance with any such recommendations. nothing contained in or done under the authority of any provision of the customary law of lesotho shall be held to be inconsistent with or in contravention of this section to the extent that that provision authorises the imposition of restrictions upon any person's freedom to reside in any part of lesotho. 8. freedom from inhuman treatment no person shall be subjected to torture or to inhuman or degrading punishment or other treatment. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorises the infliction of any description of punishment that was lawful in lesotho immediately before the coming into operation of this constitution. 9. freedom from slavery and forced labour no person shall be held in slavery or servitude. no person shall be required to perform forced labour. for the purposes of this section, the expression "forced labour" does not include-any labour required in consequence of the sentence or order of a court; any labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably required in the interests of hygiene or for the maintenance of the place at which he is detained; any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a military or air force, any labour that that person is required by law to perform in place of such service; any labour required during any period when lesotho is at war or a declaration of emergency under section 23 of this constitution is in force or in the event of any other emergency or calamity that threatens the life or well-being of the community, to the extent that the requiring of such labour is reasonably justifiable, in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation; or any labour reasonably required by law as part of reasonable and normal community or other civic obligations. 10. freedom from arbitrary search or entry every person shall be entitled to freedom from arbitrary search or entry, that is to say, he shall not (except with his own consent) be subjected to the search of his person or his property or the entry by others on his premises. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision-in the interests of defence, public safety, public order, public morality, public health, town and country planning, the development or utilisation of mineral resources or the development or utilisation of any other property in such a manner as to promote the public benefit; for the purpose of protecting the rights or freedoms of other persons; that authorises an officer or agent of the government of lesotho or of a local government authority or of a body corporate established by law for public purposes to enter on the premises of any person for the purpose of inspecting those premises or anything thereon in connection with any tax, rate or due or for the purpose of carrying out work connected with any property that is lawfully on those premises and that belongs to that government, authority or body corporate, as the case may be; or that authorises, for the purpose of enforcing the judgement or order of a court in any civil proceedings, the entry upon any premises by order of a court. a person shall not be permitted to rely in any judicial proceedings upon such a provision of law as is referred to in subsection (2) except to the extent to which he satisfies the court that that provision or, as the case may be, the thing done under the authority thereof does not abridge the freedom guaranteed by subsection (1) to a greater extent than is necessary in a practical sense in a democratic society in the interests of any of the matters specified in subsection (2)(a) or for any of the purposes specified in subsection (2)(b), (c) or (d). 11. right to respect for private and family life every person shall be entitled to respect for his private and family life and his home. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision-in the interests of defence, public safety, public order, public morality or public health; or for the purpose of protecting the rights and freedoms of other persons. a person shall not be permitted to rely in any judicial proceedings upon such a provision of law as is referred to in subsection (2) except to the extent to which he satisfies the court that that provision or, as the case may be, the thing done under the authority thereof does not abridge the right guaranteed by subsection (1) to a greater extent than is necessary in a practical sense in a democratic society in the interests of any of the matters specified in subsection (2)(a) or for the purpose specified in subsection (2)(b). 12. right to fair trial, etc if any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law. every person who is charged with a criminal offence-shall be presumed to be innocent until he is proved or has pleaded guilty; shall be informed as soon as reasonably practicable, in a language that he understands and in adequate detail, of the nature of the offence charged; shall be given adequate time and facilities for the preparation of his defence; shall be permitted to defend himself before the court in person or by a legal representative of his own choice; shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge, and except with his own consent the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence. when a person is tried for any criminal offence, the accused person or any person authorised by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgement a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court. no person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for a criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed. no person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall be tried again for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal. no person shall be tried for a criminal offence if he shows that he has been pardoned for that offence. no person who is tried for a criminal offence shall be compelled to give evidence at the trial. any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other adjudicating authority, the case shall be given a fair hearing within reasonable time. except with the agreement of all parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other adjudicating authority, including the announcement of the decision of the court or other authority, shall be held in public. nothing in subsection (9) shall prevent the court or other adjudicating authority from excluding from the proceedings persons other than the parties thereto and their legal representatives to such extent as the court or other authority-may by law be empowered to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory proceedings or in the interests of public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings; or may by law be empowered or required to do in the interests of defence, public safety or public order. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of-subsection (2)(a) to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts; subsection (2)(e) to the extent that the law in question imposes conditions that must be satisfied if witnesses called to testify on behalf of accused persons are to be paid their expenses out of public funds; or subsection (5) to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law. in the case of any person who is held in lawful detention the provisions of subsection (1), subsections (2)(d) and (e) and subsection (3) shall not apply in relation to his trial for a criminal offence under the law regulating the discipline of persons held in such detention. nothing contained in subsection (2)(d) shall be construed as entitling a person to legal representation at public expense. in this section "criminal offence" means a criminal offence under the law of lesotho. 13. freedom of conscience every person shall be entitled to, and (except with his own consent) shall not be hindered in his enjoyment of, freedom of conscience, including freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance. every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education which it wholly maintains; and no such community shall be prevented from providing religious instruction for persons of that community in the course of any education provided at any places of education which it wholly maintains or in the course of any education which it otherwise provides. except with his own consent (or, if he is a minor, the consent of his guardian), no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion other than his own. no person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision-in the interests of defence, public safety, public order, public morality or public health; or for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practice any religion without the unsolicited intervention of members of any other religion. a person shall not be permitted to rely in any judicial proceedings upon such a provision of law as is referred to in subsection (5) except to the extent to which he satisfies the court that that provision or, as the case may be, the thing done under the authority thereof does not abridge the rights and freedoms guaranteed by this section to a greater extent than is necessary in a practical sense in a democratic society in the interests of any of the matters specified in subsection (5)(a) or for the purpose specified in subsection (5)(b). reference in this section to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly. 14. freedom of expression every person shall be entitled to, and (except with his own consent) shall not be hindered in his enjoyment of, freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision-in the interests of defence, public safety, public order, public morality or public health; or for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, or regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless broadcasting or television; or for the purpose of imposing restrictions upon public officers. a person shall not be permitted to rely in any judicial proceedings upon such a provision of law as is referred to in subsection (2) except to the extent to which he satisfies the court that that provision or, as the case may be, the thing done under the authority thereof does not abridge the freedom guaranteed by subsection (1) to a greater extent than is necessary in a practical sense in a democratic society in the interests of any of the matters specified in subsection (2)(a) or for any of the purposes specified in subsection (2)(b) or (c). any person who feels aggrieved by statements or ideas disseminated to the public in general by a medium of communication has the right to reply or to require a correction to be made using the same medium, under such conditions as the law may establish. 15. freedom of peaceful assembly every person shall be entitled to, and (except with his own consent) shall not be hindered in his enjoyment of freedom of peaceful assembly, without arms, that is to say, freedom to assemble with other persons. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision-in the interests of defence, public safety, public order, public morality or public health; for the purpose of protecting the rights and freedoms of other persons; or for the purpose of imposing restrictions upon public officers. a person shall not be permitted to rely in any judicial proceedings upon such a provision of law as is referred to in subsection (2) except to the extent to which he satisfies the court that that provision or, as the case may be, the thing done under the authority thereof does not abridge the rights and freedoms guaranteed by subsection (1) to a greater extent than is necessary in a practical sense in a democratic society in the interests of any of the matters specified in subsection (2)(a) or for any of the purposes specified in subsection (2)(b) or (c). 16. freedom of association every person shall be entitled to, and (except with his own consent) shall not be hindered in his enjoyment of freedom to associate freely with other persons for ideological, religious, political, economic, labour, social, cultural, recreational and similar purposes. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of any law to the extent that the law in question makes provision-in the interests of defence, public safety, public order, public morality or public health; for the purpose of protecting the rights and freedoms of other persons; or for the purpose of imposing restrictions upon public officers. a person shall not be permitted to rely in any judicial proceedings upon such a provision of law as is referred to in subsection (2) except to the extent to which he satisfies the court that that provision or, as the case may be, the thing done under the authority thereof does not abridge the rights and freedoms guaranteed by subsection (1) to a greater extent than is necessary in a practical sense in a democratic society in the interests of any of the matters specified in subsection (2)(a) or for any of the purposes specified in subsection (2)(b) or (c). 17. freedom from arbitrary seizure of property no property, movable or immovable, shall be taken possession of compulsorily, and no interest in or right over any such property shall be compulsorily acquired, except where the following conditions are satisfied, that is to say-the taking of possession or acquisition is necessary in the interests of defence, public safety, public order, public morality, public health, town and country planning or the development or utilisation of any property in such manner as to promote the public benefit; and the necessity therefor is such as to afford reasonable justification for the causing of any hardship that may result to any person having an interest in or right over the property; and provision is made by a law applicable to that taking of possession or acquisition for the prompt payment of full compensation. every person having an interest in or right over property which is compulsorily taken possession of or whose interest in or right over any property is compulsorily acquired shall have a right of direct access to the high court for-the determination of his interest or right, the legality of the taking of possession or acquisition of the property, interest or right and the amount of any compensation to which he is entitled; and the purpose of obtaining prompt payment of that compensation: provided that if parliament so provides in relation to any matter referred to in paragraph (a) the right of access shall be by way of appeal (exercisable as of right at the instance of the person having the interest in or right over the property) from a tribunal or authority, other than the high court, having jurisdiction under any law to determine that matter. the chief justice may make rules with respect to the practice and procedure of the high court or any other tribunal or authority in relation to the jurisdiction conferred on the high court by subsection (2) or exercisable by the other tribunal or authority for the purposes of that subsection (including rules with respect to the time within which applications or appeals to the high court or applications to the other tribunal or authority may be brought). nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) or (2)-to the extent that the law in question makes provision that is necessary in a practical sense in a democratic society for the taking of possession or acquisition of any property, interest or right-in satisfaction of any tax, duty, rate, or other impost; by way of penalty for breach of the law, whether under civil process or after conviction of a criminal offence under the law of lesotho; as an incident of a valid contract or of the terms and conditions of service of a public officer; in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations; in circumstances where it is reasonably necessary to do so because the property is in a dangerous state or injurious to the health of human beings, animals or plants; in consequence of any law with respect to prescription or limitation of actions; for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, for the purpose of carrying out thereon of work of soil conservation or the conservation of other natural resources or work relating to agricultural development or improvement (being work relating to such development or improvement that the occupier of the land has been required, and has without reasonable excuse refused or failed, to carry out); or in satisfaction of the right conferred under section 14(4); or to the extent that the law in question makes provision for the taking of possession or acquisition of the following property (including an interest in or right over property), that is to say-enemy property; property of a deceased person, a person of unsound mind or a person who has not attained the age of twenty-one years, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein; property of a person adjudged insolvent or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the insolvent or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; or property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust. nothing contained in or done under the authority of any act of parliament shall be held to be inconsistent with or in contravention of this section to the extent that the act in question makes provision for the compulsory taking possession of any property or the compulsory acquisition of any interest in or right over property where that property, interest or right is vested in a body corporate established by law for public purposes, in which no moneys have been invested other than moneys provided by parliament. 18. freedom from discrimination subject to the provisions of subsections (4) and (5) no law shall make any provision that is discriminatory either of itself or in its effect. subject to the provisions of subsection (6), no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority. in this section, the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description. subsection (1) shall not apply to any law to the extent that that law makes provision-with respect to persons who are not citizens of lesotho; or for the application, in the case of persons of any such description as is mentioned in subsection (3) (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters which is the personal law of persons of that description; or for the application of the customary law of lesotho with respect to any matter in the case of persons who, under that law, are subject to that law; or for the appropriation of public revenues or other public funds; or whereby persons of any such description as is mentioned in subsection (3) may be made subject to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society. nothing in this subsection shall prevent the making of laws in pursuance of the principle of state policy of promoting a society based on equality and justice for all the citizens of lesotho and thereby removing any discriminatory law. nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) to the extent that it makes provision with respect to standards of qualifications (not being standards of qualifications specifically relating to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status) to be required of any person who is appointed to any office in the public service, any office in a disciplined force, any office in the service of a local government authority or any office in a body corporate established by law for public purposes. subsection (2) shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (4) or (5). no person shall be treated in a discriminatory manner in respect of access to shops, hotels, lodging houses, public restaurants, eating houses, beer halls or places of public entertainment or in respect of access to places of public resort maintained wholly or partly out of public funds or dedicated to the use of the general public. the provisions of this section shall be without prejudice to the generality of section 19 of this constitution. 19. right to equality before the law and the equal protection of the law every person shall be entitled to equality before the law and to the equal protection of the law. 20. right to participate in government every citizen of lesotho shall enjoy the right-to take part in the conduct of public affairs, directly or through freely chosen representatives; to vote or to stand for election at periodic elections under this constitution under a system of universal and equal suffrage and secret ballot; to have access, on general terms of equality, to the public service. the rights referred to in subsection (1) shall be subject to the other provisions of this constitution. 21. derogation from fundamental human rights and freedoms nothing contained in or done under the authority of an act of parliament shall be held to be inconsistent with or in contravention of section 6, section 18 or section 19 of this constitution to the extent that the act authorises the taking during any period when lesotho is at war or when a declaration of emergency under section 23 of this constitution is in force of measures that are necessary in a practical sense in a democratic society for dealing with the situation that exists in lesotho during that period. when a person is detained by virtue of any such law as is referred to in subsection (1) the following provisions shall apply, that is to say-he shall, as soon as reasonably practicable after the commencement of his detention, be furnished with a statement in writing in a language that he understands specifying in detail the grounds upon which he is detained; not more than fourteen days after the commencement of his detention, a notification shall be published in the gazette stating that he has been detained and giving particulars of the provision of law under which his detention is authorised; not more than one month after the commencement of his detention and thereafter during his detention at intervals of not more than six months, his case shall be investigated by an independent and impartial tribunal established by law and presided over by a person appointed by the chief justice; he shall be afforded reasonable facilities to consult a legal representative of his own choice who shall be permitted to make representations to the tribunal appointed for the investigation of the case of the detained person; and at the hearing of his case by the tribunal appointed for the investigation of his case he shall be permitted to appear in person or by a legal representative of his own choice. on any investigation by a tribunal in pursuance of this section of the case of a detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by which it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations. nothing contained in subsection (2)(d) or (e) shall be construed as entitling a person to legal representation at public expense. 22. enforcement of protective provisions if any person alleges that any of the provisions of sections 4 to 21 (inclusive) of this constitution has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the high court for redress. the high court shall have original jurisdiction-to hear and determine any application made by any person in pursuance of subsection (1); and to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3), and may make such orders, issue such process and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of sections 4 to 21 (inclusive) of this constitution: provided that the high court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law. if in any proceedings in any subordinate court any question arises as to the contravention of any of the provisions of sections 4 to 21 (inclusive) of this constitution, the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question to the high court unless, in his opinion, the raising of the question is merely frivolous or vexatious. where any question is referred to the high court in pursuance of subsection (3), the high court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal under section 129 of this constitution to the court of appeal, in accordance with the decision of the court of appeal. parliament may confer upon the high court such powers in addition to those conferred by this section as may appear to be necessary or desirable for the purposes of enabling that court more effectively to exercise the jurisdiction conferred upon it by this section. the chief justice may make rules with respect to the practice and procedure of the high court in relation to the jurisdiction and powers conferred on it by or under this section (including rules with respect to the time within which applications may be brought and references shall be made to the high court). 23. declaration of emergency in time of war or other public emergency which threatens the life of the nation, the prime minister may, acting in accordance with the advice of the council of state, by proclamation which shall be published in the gazette, declare that a state of emergency exists for the purposes of this chapter. every declaration of emergency shall lapse at the expiration of fourteen days, commencing with the day on which it was made, unless it has in the meantime been approved by a resolution of each house of parliament. a declaration of emergency may at any time be revoked by the prime minister acting in accordance with the advice of the council of state, by proclamation which shall be published in the gazette. a declaration of emergency that has been approved by a resolution of each house of parliament in pursuance of subsection (2) shall, subject to the provisions of subsection (3), remain in force so long as those resolutions remain in force and no longer. a resolution of either house of parliament passed for the purposes of this section shall remain in force for six months or such shorter period as may be specified therein: provided that any such resolution may be extended from time to time by a further such resolution, each extension not exceeding six months from the date of the resolution effecting the extension. where the resolutions of the two houses of parliament made under subsection (2) or (5) differ, the resolution of the national assembly shall prevail. any provision of this section that a declaration of emergency shall lapse or cease to be in force at any particular time is without prejudice to the making of a further such declaration whether before or after that time. the king may summon the two houses of parliament to meet for the purposes of this section notwithstanding that parliament then stands dissolved, and the persons who were members of either house immediately before the dissolution shall be deemed, for those purposes, still to be members of that house, but, subject to the provisions of sections 61(4) and 63(4) of this constitution, neither house shall, when summoned by virtue of this subsection, transact any business other than debating and voting upon resolutions for the purposes of this section. 24. interpretation and savings in this chapter, unless the context otherwise requires-"contravention" in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly; "court" means a court of law having jurisdiction in lesotho other than a court established by a disciplinary law, and, in sections 5 and 9 of this constitution, includes a court established by a disciplinary law; "disciplinary law" means a law regulating the discipline of any disciplined force; "disciplined force" means-a military or air force; or the police force; or the national security service; or the prison service; "legal representative" means a person entitled to practise as a legal practitioner in lesotho; and "member" in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline. nothing contained in any of the provisions of section 7, section 17 or section 18 of this constitution shall be construed as affecting any law for the time being in force relating to the allocation of land or the grant of any interest or right in or over land or as entitling any person to any greater such interest or right than he would otherwise have. in relation to any person who is a member of a disciplined force raised under a law of lesotho, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this chapter other than sections 5, 8 and 9. in relation to any person who is a member of a disciplined force raised otherwise than as aforesaid and lawfully present in lesotho, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this chapter. chapter iii. principles of state policy 25. application of the principles of state policy the principles contained in this chapter shall form part of the public policy of lesotho. these principles shall not be enforceable by any court but, subject to the limits of the economic capacity and development of lesotho, shall guide the authorities and agencies of lesotho, and other public authorities, in the performance of their functions with a view to achieving progressively, by legislation or otherwise, the full realisation of these principles. 26. equality and justice lesotho shall adopt policies aimed at promoting a society based on equality and justice for all its citizens regardless of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. in particular, the state shall take appropriate measures in order to promote equality of opportunity for the disadvantaged groups in the society to enable them to participate fully in all spheres of public life. 27. protection of health lesotho shall adopt policies aimed at ensuring the highest attainable standard of physical and mental health for its citizens, including policies designed to-provide for the reduction of stillbirth rate and of infant mortality and for the healthy development of the child; improve environmental and industrial hygiene; provide for the prevention, treatment and control of epidemic, endemic, occupational and other diseases; create conditions which would assure to all, medical service and medical attention in the event of sickness; and improve public health. 28. provision for education lesotho shall endeavour to make education available to all and shall adopt policies aimed at securing that-education is directed to the full development of the human personality and sense of dignity and strengthening the respect for human rights and fundamental freedoms; primary education is compulsory and available to all; secondary education, including technical and vocational education, is made generally available and accessible to all by every appropriate means, and in particular, by the progressive introduction of free education; higher education is made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular, by the progressive introduction of free education; and fundamental education is encouraged or intensified as far as possible for those persons who have not received or completed their primary education. 29. opportunity to work lesotho shall endeavour to ensure that every person has the opportunity to gain his living by work which he freely chooses or accepts. lesotho shall adopt policies aimed at-achieving and maintaining as high and stable a level of employment as possible; providing technical and vocational guidance and training programmes; and achieving steady economic, social and cultural development and full and productive employment under conditions safeguarding fundamental political and economic freedoms to the individual. 30. just and favourable conditions of work lesotho shall adopt policies aimed at securing just and favourable conditions of work and in particular policies directed to achieving-remuneration which provides all workers, as a minimum with-fair wages and equal remuneration for work of equal value without distinction of any kind, and in particular, women being guaranteed conditions of work, including pension or retirement benefits, not inferior to those enjoyed by men, with equal pay for equal work; and a decent living for themselves and their families; safe and healthy working conditions; equal opportunity for men and women to be promoted in their employment to an appropriate higher level, subject to no considerations other than those of seniority and competence; the protection of women who are in employment during a reasonable period before and after childbirth; and rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays. 31. protection of workers' rights and interests lesotho shall take appropriate steps in order to encourage the formation of independent trade unions to protect workers' rights and interests and to promote sound labour relations and fair employment practices. 31a. protection of victims of crime lesotho shall adopt policies designed to make provision for victims of crime support services including mechanisms to ensure compensation for victims of crime, and assist vulnerable groups of victims. 32. protection of children and young persons lesotho shall adopt policies designed to provide that-protection and assistance is given to all children and young persons without any discrimination for reasons of parentage or other conditions; children and young persons are protected from economic and social exploitation; the employment of children and young persons in work harmful to their morals or health or dangerous to life or likely to hamper their normal development is punishable by law; and there are age limits below which the paid employment of children and young persons is prohibited and punishable by law. 33. rehabilitation, training and social resettlement of disabled persons with a view to ensuring the rehabilitation, training and social resettlement of disabled persons, lesotho shall adopt policies designed to-provide for training facilities, including specialised institutions, public or private; and place disabled persons in employment and encourage employers to admit disabled persons to employment. 34. economic opportunities lesotho shall adopt policies which encourage its citizens to acquire property including land, houses, tools and equipment; and shall take such other economic measures as the state shall consider affordable. 35. participation in cultural activities lesotho shall endeavour to ensure that every citizen has an opportunity to freely participate in the cultural life of the community and to share in the benefits of scientific advancement and its application. lesotho shall adopt policies designed to protect the interests of any citizen in any scientific, literary or artistic production of which he is the author. 36. protection of the environment lesotho shall adopt policies designed to protect and enhance the natural and cultural environment of lesotho for the benefit of both present and future generations and shall endeavour to assure to all citizens a sound and safe environment adequate for their health and well-being. chapter iv. citizenship 37. persons who are citizens on the coming into operation of the constitution every person who immediately before the coming into operation of this constitution is a citizen of lesotho under the lesotho citizenship order 1971 shall, on the coming into operation of this constitution and subject to any provision made in or under this chapter, continue to be a citizen of lesotho. 38. persons born in lesotho after the coming into operation of the constitution subject to the provisions of subsections (2)and (3), every person born in lesotho after the coming into operation of this constitution shall become a citizen of lesotho. save as provided in subsection (3), a person shall not become a citizen of lesotho by virtue of this section if at the time of his birth neither of his parents is a citizen of lesotho, and-one or both of his parents possesses such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to lesotho; or one or both of his parents is an enemy alien and the birth occurs in a place then under occupation by the enemy. a person born in lesotho on or after the coming into operation of this constitution who is disqualified to become a citizen of lesotho by virtue of subsection (2) of this section shall become a citizen of lesotho if he would otherwise become stateless. 39. persons born outside lesotho after the coming into operation of the constitution a person born outside lesotho after the coming into operation of this constitution shall become a citizen of lesotho at the date of his birth, if at that date either of his parents is a citizen of lesotho otherwise than by descent. 40. marriage to lesotho citizen a person who marries a citizen of lesotho shall, upon making application and taking oath of allegiance be registered as a lesotho citizen after five years of-cohabitation in lesotho; and continuous and lawful stay in lesotho with a citizen of lesotho. a person who marries a citizen of lesotho who, but for his death would have continued to be a citizen of lesotho under section 37 of the constitution is entitled to be registered as a citizen of lesotho after five years of continuous and lawful stay in lesotho. 41. dual citizenship a citizen of lesotho may hold citizenship of any other country in addition to his citizenship of lesotho. notwithstanding the provisions of sections 18, 28 and 29 of the constitution a person who is a citizen of any country who acquires a citizenship of lesotho by naturalisation or registration-is only eligible for social benefits after ten years of being naturalised or registered as a citizen of lesotho; and shall not hold a position which will be specified by an act of parliament governing citizenship matters. 41a. restoration of lesotho citizenship a citizen of lesotho who marries a citizen of another country which requires him to renounce his lesotho citizenship, shall, upon dissolution of marriage, have his citizenship restored if he wishes to become a citizen of lesotho. a person who was born a citizen of lesotho and renounced his citizenship through acquisition of another citizenship, his citizenship shall be restored immediately on the coming into operation of this amendment to the constitution and his rights and privileges, except those that contradict section 41(3) shall continue to prevail as if he never lost lesotho citizenship. a citizen of lesotho who acquires citizenship in another country shall not hold a position which will be specified by the provisions of the constitution and any act of parliament governing citizenship matters in lesotho. for purposes of this section "social benefits" means educational sponsorships, social grants, old age pension or any other benefit which the minister responsible for citizen matters may determine. 42. powers of parliament parliament may make provision for the acquisition of citizenship of lesotho by persons who are not eligible or who are no longer eligible to become citizens of lesotho under the provisions of this chapter. parliament may make provision for depriving of his citizenship of lesotho any person other than a person who became or becomes-a citizen of lesotho by virtue of having been born in lesotho; or a citizen of lesotho by descent, unless he would thereby become stateless. parliament may make provision for the renunciation by any person of his citizenship of lesotho. 43. interpretation in this chapter-"alien" means a person who is not a citizen of lesotho; "prescribed" means prescribed by or under any act of parliament. in this chapter, references to a citizen by descent are references to a person who is a citizen of lesotho by virtue of section 39 of this constitution or of section 23(2) or 26 of the constitution of lesotho of 1966 or of section 6 of the lesotho citizenship order 1971. for the purposes of this chapter, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country. any reference in this chapter to the national status of the parent of a person at the time of that person's birth shall, in relation to a person born after the death of either parent be construed as a reference to the national status of that parent at that parent's death, and where that death occurred before the coming into operation of this constitution, and the birth occurred after the coming into operation of this constitution the national status that the parent would have had if he or she had died on the coming into operation of this constitution shall be deemed to be his or her national status at the time of his or her death. chapter v. the king 44. the office of king there shall be a king of lesotho who shall be a constitutional monarch and head of state. the king shall do all things that belong to his office in accordance with the provisions of this constitution and of all other laws for the time being in force and shall faithfully comply with the terms of the oath of the office of king set out in schedule i to this constitution. 45. succession to the throne of lesotho the college of chiefs may at any time designate, in accordance with the customary law of lesotho, the person (or the persons, in order of prior right) who are entitled to succeed to the office of king upon the death of the holder of, or the occurrence of any vacancy in, that office and if on such death or vacancy, there is a person who has previously been designated in pursuance of this section and who is capable under the customary law of lesotho of succeeding to that office, that person (or, if there is more than one such person, that one of them who has been designated as having the first right to succeed to the office) shall become king. if, on the death of the holder of, or the occurrence of any vacancy in, the office of king, there is no person who becomes king under subsection (1), the college of chiefs shall, with all practical speed and in accordance with the customary law of lesotho, proceed to designate a person to succeed to the office of king and the person so designated shall thereupon become king. whenever the holder of the office of king or a regent-has occasion to be absent from lesotho for a period which the college of chiefs has reason to believe will be of short duration; or is suffering from an illness which the college of chiefs has reason to believe will be of short duration, the college of chiefs may for the time being designate a person, in accordance with the customary law of lesotho, to exercise the functions of the office of king, and any person for the time being so designated may exercise all the functions of the office of king during the absence or illness of the holder of that office or the regent. every designation made for the purposes of this section shall be published in the gazette. where any person has been designated to succeed to the office of king in pursuance of subsection (1) or (2), any other person who claims that, under the customary law of lesotho, he should have been so designated in place of that person may, by application made to the high court within a period of six months commencing with the day on which the designation was published in the gazette, apply to have the designation varied by the substitution of his own name for that of the first mentioned person, but, save as provided in this chapter, the designation of any person for the purposes of this section shall not otherwise be called in question in any court on the ground that, under the customary law of lesotho, the person designated was not entitled to be so designated. pending the decision of the high court or, as the case may be, of the court of appeal, a designation which is the subject of the appeal shall remain of full force and effect. in this section references to a vacancy in the office of king are references to a vacancy caused by the abdication of the king or by a resolution or resolutions of parliament under section 53 of this constitution that the holder of the office of king should cease to hold that office. 46. the regent the college of chiefs may at any time designate, in accordance with the customary law of lesotho, the person (or the persons, in order of prior right) who shall be regent, that is to say, who shall exercise the functions of the office of king in any of the following circumstances-when the holder of that office has not attained the age of twenty-one years; or when the holder of that office (and any person who has been designated as having a prior right to be regent) is unable by reason of absence from lesotho or by reason of infirmity of body or mind to exercise the functions of that office; or when, in the circumstances specified in section 45(2) of this constitution, the college of chiefs has not yet made a designation in pursuance of that subsection, and if, in any of those circumstances, there is a person who has previously been designated in pursuance of this subsection and who is capable under the customary law of lesotho of becoming regent, that person (or, if there is more than one such person, that one of them who has been designated as having the first right to be regent) shall become regent. if, in any of the circumstances specified in subsection (1)(a), (b) or (c), there is no person who becomes regent under that subsection, the college of chiefs shall, with all practical speed and in accordance with the customary law of lesotho, proceed to designate a person to be regent and the person so designated shall thereupon become regent. if the college of chiefs fails within a reasonable time to discharge the duty imposed on it by subsection (2), the high court may, upon the application of any person, itself designate a person to be regent in accordance with the customary law of lesotho and the person so designated shall thereupon become regent. a regent shall not exercise the functions of the office of king at any time when a person is for the time being designated to exercise such functions in pursuance of section 45(3) of this constitution. every designation made for the purpose of this section shall be published in the gazette. 47. proceedings in high court and court of appeal an appeal shall lie to the court of appeal from any decision of the high court made under section 45(5) or section 46(3) of this constitution. the high court and the court of appeal shall consider with all practical speed every application or appeal, as the case may be, made to it under section 45(5), or section 46(3) of this constitution or subsection (1). the chief justice may make rules with respect to the practice and procedure of the high court in relation to the jurisdiction and powers conferred on it by or under section 45(5) and section 46(3) of this constitution (including rules with respect to the time within which application may be made to the court under those sections). 48. civil list of the king and remuneration of regent the king shall have such civil list as may be provided by parliament and that civil list shall be a charge upon the consolidated fund and shall not be reduced during the king's continuance in office. a person exercising the functions of the office of king as regent shall, in respect of any period during which he exercises those functions, be entitled to remuneration as may be prescribed by parliament, and the remuneration prescribed under this subsection in relation to any person in respect of any such period shall be a charge on the consolidated fund and shall not be reduced after the commencement of that period. 49. immunity of the king and regent from taxation the king shall be entitled to immunity from taxation in respect of his civil list, all income accruing to him in his private capacity and all property owned by him in his private capacity. a person who is exercising or who has exercised the functions of the office of king as regent shall be entitled to immunity from taxation in respect of any remuneration to which he is entitled under section 48(2) of this constitution, all income accruing to him in his private capacity during any period during which he is exercising those functions and, in so far as the taxation relates to that period, all property owned by him in his private capacity. the king shall be entitled to immunity from the compulsory taking possession of any property held by him in his private capacity and the compulsory acquisition of any interest in or right over any property, being an interest or right owned by him in his private capacity. 50. protection of the king and of certain persons in respect of legal proceedings whilst any person holds the office of king, he shall be entitled to immunity from suit and legal process in any civil cause in respect of all things done or omitted to be done by him in his private capacity and to immunity from criminal proceedings in respect of all things done or omitted to be done by him either in his official capacity or in his private capacity. whilst any person exercises the functions of the office of king as regent or by virtue of a designation under section 45(3) of this constitution, no criminal proceedings shall be instituted or continued against him in respect of anything done or omitted to be done by him either in his official capacity or in his private capacity, and no civil proceedings shall be instituted or continued in respect of which relief is claimed against him in respect of anything done or omitted to be done by him in his private capacity. where provision is made by law limiting the time within which proceedings of any description may be brought against any person, the period during which that person has held the office of king or exercised the functions of the office of king shall not be taken into account in calculating the period of time prescribed by that law which determines whether any such proceedings as are mentioned in subsection (1) or (2), as the case may be, of this section may be brought against that person. where a debt or obligation is owing to any person as a result of anything done or omitted to be done by the king, regent or by a person designated to exercise the functions of the office of king during the absence or illness of the holder of that office or of the regent, in his private capacity, the person to whom the debt or obligation is owing may lodge an application in writing to the minister responsible for finance who, in his absolute discretion, may, after consultation with the attorney-general, defray the debt or make provision to satisfy the obligation out of the civil list. any civil right of action that the king, or any person exercising the functions of the office of the king as regent or by virtue of a designation under section 45(3) of this constitution, would have in his private capacity, shall vest in the attorney-general who may institute appropriate proceedings, and any proceedings therefrom shall be paid to the king or, as the case may be, to the person exercising the functions of the office of the king. 51. oaths the king shall, as soon as is practicable after succeeding to the office of king and before entering upon the duties of his office (or, in the case of a person who when he so succeeded was below the age of twenty-one years, as soon as is practicable after attaining that age before entering upon the duties of his office), take and subscribe the oath for the due execution of his office which is set out in schedule 1 to this constitution. a regent shall, before entering upon the duties of his office, take and subscribe the oath of allegiance and the oath for the due execution of his office which is set out in schedule i to this constitution. the oaths referred to in the foregoing provisions of this section shall be administered to the king or, as the case may be, to the regent, by the chief justice (or, in the absence of the chief justice, by a judge of the court of appeal or some other judge of the high court) in the presence of such of the judges of the court of appeal, such of the other judges of the high court and such ministers of the government of lesotho and such other authorities of the government of lesotho as are able to attend. 52. abdication the king may, at any time, abdicate, but such abdication shall not affect the right of any person who is entitled to succeed to the office of king. 53. vacation of the office of king if, in the opinion of the prime minister-the king declines to take and subscribe the oath set out in schedule i to this constitution; the king having taken and subscribed the said oath, thereafter fails or declines to abide by any of its terms; or the king is unable to perform the functions of his office due to infirmity of body or mind, the prime minister may report the facts thereof to the national assembly and the senate. on receiving a report under subsection (1), the national assembly and the senate shall each determine and declare by resolution whether the circumstances are such that the person holding the office of king should cease to hold such office and, subject to the provisions of subsection (3), where it is so declared that the person holding the office of king should cease to hold that office, that person shall vacate the office of king with effect from such date as may be specified in the resolution or if no date is so specified, on the date on which the resolution is passed. where the resolutions of the two houses of parliament made under subsection (2) differ, the resolution of the national assembly shall prevail. the prime minister shall cause to be published in the gazette every resolution made by the houses of parliament under this section and, if as a consequence of such a resolution the person holding the office of king has vacated his office, shall give notice of that fact and of the date (in this section referred to as the "effective date") of his so vacating his office. whenever the person holding the office of king has vacated office in accordance with this section, any act performed or any thing done on or after the effective date by the person so vacating the office or by the regent or by a person designated under this constitution to perform the functions of the office of king which purports to have been performed or done by such person in the exercise of the office of king shall be null and void. chapter vi. parliament part 1. composition of parliament 54. establishment of parliament there shall be a parliament which shall consist of the king, a senate and a national assembly. 55. composition of senate the senate shall consist of the twenty-two principal chiefs and eleven other senators nominated in that behalf by the king acting in accordance with the advice of the council of state: provided that-a principal chief may, by notice in writing to the president of the senate, designate any other person to be a senator in his place either generally or for any sitting or sittings of the senate specified in the notice and may, by notice in like manner, vary or revoke any such designation; and the council of state shall not meet for the purpose of tendering advice to the king for the nomination of senators following a general election of members of the national assembly until after the first sitting of the national assembly following that general election. 56. composition of national assembly the national assembly shall consist of one hundred and twenty members elected in accordance with the provisions of this constitution. 57. elections to national assembly the members of the national assembly shall be elected in terms of a mixed member proportional electoral system that is prescribed by legislation; is based on a national common voters roll; and provides for the constitution of the national assembly as follows eighty members to be elected in respect of each of the constituencies contemplated by section 67(1); and forty members to be elected to forty seats in accordance with the principle of proportional representation applied in respect of the national assembly as a whole. subject to the provisions of subsections (3) and (4), every person who-is a citizen of lesotho; and has attained the age of eighteen years; and possesses such qualifications as to residence as may be prescribed by parliament, shall be qualified to be registered as an elector in elections to the national assembly under a law in that behalf; and no other person may be so registered. no person shall be qualified to be registered as an elector in elections to the national assembly who, at the date of his application to be registered-is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to any foreign power or state; or is under sentence of death imposed on him by any court in lesotho; or is, under any law in force in lesotho, adjudged or otherwise declared to be of unsound mind. parliament may provide that a person who is convicted by any court of any offence that is prescribed by parliament and that is connected with the election of members of the national assembly or who is reported guilty of such an offence by the court trying an election petition shall not be qualified to be registered as an elector in elections to the national assembly for such period (not exceeding five years) following his conviction or, as the case may be, following the report of the court as may be so prescribed. subject to the provisions of subsections (6) and (7), every person who is registered in any constituency as an elector in elections to the national assembly shall be qualified to vote in such elections in that constituency in accordance with the provisions of any law in that behalf; and no other person may so vote. parliament may provide that a person who holds or is acting in any office that is specified by parliament and the functions of which involve responsibility for, or in connection with, the conduct of an election in any constituency shall not be qualified to vote in that election in that constituency. parliament may provide that a person who is convicted by any court of any offence that is prescribed by parliament and that is connected with the election of members of the national assembly or who is reported guilty of such an offence by the court trying an election petition shall not be qualified to vote in any election to the national assembly for such period (not exceeding five years) following his conviction or, as the case may be, following the report of the court as may be so prescribed. 58. qualifications for membership of parliament subject to the provisions of section 59 of this constitution, a person shall be qualified to be nominated as a senator by the king acting in accordance with the advice of the council of state or designated by a principal chief as a senator in his place if, and shall not be so qualified unless, at the date of his nomination or designation, he-is a citizen of lesotho; and is able to speak and, unless incapacitated by blindness or other physical cause, to read and write either the sesotho or english languages well enough to take an active part in the proceedings of the senate. subject to the provisions of section 59 of this constitution, a person shall be qualified to be elected as a member of the national assembly if, and shall not be so qualified unless, at the date of his nomination for election, he-is a citizen of lesotho; and is registered in some constituency as an elector in elections to the national assembly and is not disqualified from voting in such elections; and is able to speak and, unless incapacitated by blindness or other physical cause, to read and write either the sesotho or english language well enough to take an active part in the proceedings of the national assembly. 59. disqualifications for membership of parliament no person shall be qualified to be nominated as a senator by the king acting in accordance with the advice of the council of state or designated by a principal chief as a senator in his place and no person shall be qualified to be elected as a member of the national assembly if, at the date of his nomination or designation or, as the case may be, at the date of his nomination for election, he-is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to any foreign power or state; or is under sentence of death or sentence of imprisonment for a term exceeding six months, without the option of a fine, imposed on him by a court in lesotho or a court in any part of the commonwealth; is under any law in force in lesotho, adjudged or otherwise declared to be of unsound mind; or is an unrehabilitated insolvent, having been adjudged or otherwise declared insolvent under any law in force in lesotho; or subject to such exceptions and limitations as may be prescribed by parliament, has any such interest in any such government contract as may be so prescribed. for the purposes of paragraph (b) of subsection (1) in relation to imprisonment, where a person is sentenced to two or more terms of imprisonment that are required to be serve consecutively, account shall be taken only of any of those terms that exceeds six months. parliament may provide that a person who, at the date of his nomination for election, holds or is acting in any office that is specified by parliament and the functions of which involve responsibility for, or in connection with, the conduct of any election to the national assembly or the compilation of any register of electors for the purposes of such an election shall not be qualified to be elected as a member of the national assembly. parliament may provide that a person who is convicted by any court of any offence that is prescribed by parliament and that is connected with the election of members of the national assembly or who is reported guilty of such an offence by the court trying an election petition shall not be qualified to be nominated for election as a member of the national assembly for such period (not exceeding five years) following his conviction or, as the case may be, following the report of the court as may be so prescribed. parliament may provide that, subject to such exceptions and limitations as may be prescribed by parliament, a person shall not be qualified to be nominated as a senator or elected as a member of the national assembly if-he holds or acts in any office or appointment that is so prescribed; or he is a member of the defence force; or he is a member of the police force; or he is a member of the national security service: or he is a member of the prison service. no person shall be qualified to be elected as a member of the national assembly who, at the date of his nomination for election as such a member, is a principal chief or is otherwise a senator. in subsection (1)(e) "government contract" means any contract made with the government of lesotho or with a department of that government or with an officer of that government contracting as such. 60. tenure of seats of members of parliament a senator (other than a principal chief) or a member of the national assembly shall vacate his seat as such-if he ceases to be a citizen of lesotho; or if any circumstances arise that, if he were not such a senator or a member of the national assembly, would cause him to be disqualified under section 59(1) of this constitution to be nominated or designated as such or, as the case may be, to be elected as such; or at the next dissolution of parliament after his nomination, designation or election; or in the case of a member of the national assembly, if he ceases to be registered in some constituency as an elector in elections to the national assembly or if he ceases to be qualified to vote in some constituency in such elections; or in the case of a member of the national assembly, if any circumstances arise that, if he were not a member of the national assembly, would cause him to be disqualified to be elected as such under section 59(5) of this constitution or under any law made in pursuance of section 59(2), 59(3) or 59(4) of this constitution; or in the case of a senator nominated under section 55 of this constitution, if any circumstances arise that, if he were not such a senator, would cause him to be disqualified to be so nominated under any law made in pursuance of section 59(4) of this constitution. if, in any one year and without the written permission of the president of the senate or, as the case may be, the speaker of the national assembly he is absent from one-third of the total number of sittings of the house of which he is a member, parliament may, in order to permit any member of either house of parliament who has been sentenced to death or imprisonment in terms of paragraph (b) of section 59(1), adjudged or declared to be of unsound mind, adjudged or declared insolvent or convicted or reported guilty of any offence prescribed under section 57(4), 57(7) or 59(3) of this constitution to appeal against the decision in accordance with any law, provide that, subject to such conditions as may be prescribed by parliament, the decision shall not have effect for the purpose of this section until such time as may be so prescribed. 61. president of senate there shall be a president of the senate who shall be elected by the senate either from among the persons who are senators or from among other persons. a person shall not be qualified to be elected as president-if he is a minister or a deputy minister; or in the case of a person who is not a senator, if he would not be qualified to be nominated or designated as a senator under section 59(1) of this constitution or under a law made in pursuance of section (4) of this constitution. the president shall vacate his office-if, having been elected from among the senators, he ceases to be a senator otherwise than by reason of dissolution of parliament; or in the case of a president who was elected from among persons who were not senators, if any circumstances arise that would cause him to be disqualified to be nominated or designated as a senator under section 59(1) of this constitution or under a law made in pursuance of section 59(4) of this constitution; or if he becomes a minister or a deputy minister; or when the senate first meets after a dissolution of parliament; or if he is removed from office by resolution of the senate supported by the votes of two-thirds of all the senators. no business shall be transacted in the senate (other than the election of a president) at any time when the office of president is vacant. 62. vice-president of senate there shall be a vice-president of the senate who shall be elected by the senate either from among the persons who are senators or from among other persons. a person shall not be qualified to be elected as vice-president-if he is a minister or a deputy minister; or in the case of a person who is not a senator, if he would not be qualified to be nominated or designated as a senator under section 59(1) of this constitution or under a law made in pursuance of section 59(4) of this constitution. the senate shall elect a vice-president-subject to the provisions of section 61(4) of this constitution, when it first meets after a dissolution of parliament; and when it first meets after the office of vice-president has otherwise become vacant, or as soon thereafter as may be convenient. the vice-president shall vacate his office-if, having been elected from among the senators, he ceases to be a senator otherwise than by reason of a dissolution of parliament; or in the case of a vice-president who was elected from among persons who were not senators, if any circumstances arise that would cause him to be disqualified to be nominated or designated as a senator under section 59(1) of this constitution or under a law made in pursuance of section 59(4) of this constitution; or if he becomes a minister or a deputy minister; or when the senate first meets after a dissolution of parliament; or if he is removed from office by resolution of the senate. 63. speaker of national assembly there shall be a speaker of the national assembly who shall be elected by the assembly either from among the persons who are members thereof or from among other persons. a person shall not be qualified to be elected as a speaker-if he is a minister or a deputy minister; or in the case of a person who is not a member of the national assembly, if he would not be qualified to be elected as such a member under section 59(1) of this constitution or under a law made in pursuance of section 59(3) or 59(4) of this constitution. the speaker shall vacate his office-if, having been elected from among the members of the national assembly, he ceases to be a member of the assembly otherwise than by reason of a dissolution of parliament; or in the case of a speaker who was elected from among persons who were not members of the national assembly, if any circumstances arise that would cause him to be disqualified to be elected as such a member under section 59(1) of this constitution or under a law made in pursuance of section 59(3) or 59(4) of this constitution; or if he becomes a minister or a deputy minister; or when the national assembly first meets after a dissolution of parliament; or if he is removed from office by resolution of the national assembly supported by the votes of two-thirds of all the members thereof. no business shall be transacted in the national assembly (other than the election of a speaker) at any time when the office of speaker is vacant. 64. deputy speaker of national assembly there shall be a deputy speaker of the national assembly who shall be elected by the assembly either from among the persons who are members thereof or from among other persons. a person shall not be qualified to be elected as deputy speaker-if he is a minister or a deputy minister; or in the case of a person who is not a member of the national assembly, if he would not be qualified to be elected as such a member under section 59(1) of this constitution or under a law made in pursuance of section 59(3) or 59(4) of this constitution. the national assembly shall elect a deputy speaker-subject to the provisions of section 63(4) of this constitution, when it first meets after a dissolution of parliament; and when it first meets after the office of deputy speaker has otherwise become vacant, or as soon thereafter as may be convenient. the deputy speaker shall vacate his office-if, having been elected from among the members of the national assembly, he ceases to be a member of the national assembly otherwise than by reason of a dissolution of parliament; or in the case of a deputy speaker who was elected from among persons who were not members of the national assembly, if any circumstances arise that would cause him to be disqualified to be elected as such a member under section 59(1) of this constitution or under a law made in pursuance of section 59(3) or 59(4) of this constitution; or if he becomes a minister or a deputy minister; or when the national assembly first meets after a dissolution of parliament; or if he is removed from office by resolution of the national assembly. 65. clerks to houses of parliament and their staffs there shall be a clerk to the senate and a clerk to the national assembly. the offices of the clerks to the two houses and of the members of their staffs shall be offices in the public service. nothing in this section shall be construed as preventing the appointment of one person to the offices of clerk to the senate and clerk to the national assembly or the appointment of one person to any office on the staff of the clerk to the senate and any office on the staff of the clerk to the national assembly. 66. independent electoral commission there shall continue to be an independent electoral commission consisting of a chairman and two members, who shall be appointed by the king acting in accordance with the advice of the council of state. a person to be appointed as a member shall be of a high moral character and proven integrity and should either qualify to hold a high judicial office or should possess considerable experience and demonstrated competence in the administration of public affairs. in its advice to the king under subsection (1), the council of state shall submit to him the names of three persons selected from a list of not less than five names. for the purpose of enabling the council of state to select the names of persons to be submitted to the king under subsection (3), the council shall request all registered political parties in accordance with a procedure agreed by them to jointly propose to the council, within a period of thirty days from the date specified by the council, a list of not less than five names. in this section, a registered political party means a political party registered under the provisions of the national assembly election order a person shall not be qualified to be appointed as a member of the electoral commission or, if he is a member, to continue holding that office if he is or, as the case may be, becomes a member of the national assembly or of the senate; an office-bearer of a political party, whether or not the party is a registered political party; a public officer, other than a judge of the high court or the court of appeal; a member of a local authority; or a person disqualified, by any other law enacted by parliament, from being a member. a member of the electoral commission shall hold office for such term, being not more than five years, as is specified in his instrument of appointment, and may be reappointed for only one further term not exceeding five years. if the office of chairman of the electoral commission is vacant or if the person holding that office is for any reason unable to exercise the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, those functions shall be exercised by such one of the other members of the commission as may for the time being be designated in that behalf by the king, acting in accordance with the advice of the council of state. if at any time there are less than two members of the electoral commission besides the chairman or if any such member is appointed to act as chairman or is for any reason unable to exercise the functions of his office, the king, acting in accordance with the advice of the council of state, may appoint a person who is qualified to be appointed as a member of the electoral commission to act as a member, and any person so appointed shall, subject to the provisions of subsection (5), continue to act until the office in which he is acting has been filled or, as the case may be, until the holder thereof has resumed his functions or until his appointment to act has been revoked by the king, acting in accordance with the advice of the council of state. the chairman or any other member of the electoral commission may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. the chairman or any other member of the electoral commission shall be removed from office by the king if the question of his removal from office has been referred to a tribunal appointed under subsection (12) and the tribunal has recommended to the king that he ought to be removed from office for the inability or for the misbehaviour referred to in subsection (10). if the council of state represents to the king that the question of removing a member of the commission under this section ought to be investigated, then the king shall appoint a tribunal consisting of a chairman and not less than two other members, selected by the chief justice from among persons who hold or have held high judicial office; and the tribunal shall enquire into the matter and report on the facts thereof to the king and recommended to him what action is to be taken in relation to the chairman or any other member. if the question of removing the chairman or a member from office has been referred to a tribunal under subsection (11), the king, acting in accordance with the advice of the council of state, may suspend the chairman, or as the case may be, the member, from the exercise of the functions of his office and any such suspension may at any time be revoked by the king, acting in accordance with that advice, and shall in any case cease to have effect if the tribunal advises the king that the chairman or the member should not be removed from office. 66a. powers, duties and functions of electoral commission the electoral commission shall have the following functions to ensure that elections to the national assembly and local authorities are held regularly and that every election or referendum held is free and fair; to organize, conduct and supervise, in an impartial an independent manner, elections to the national assembly and referenda under the provisions of this constitution an any other law; to delimit the boundaries of constituencies in accordance with the provisions of this constitution and any other law; to supervise and control the registration of electors; to compile a general register of electors and constituency registers of electors for the several constituencies and to maintain such register or registers up to date; to promote knowledge of sound democratic electoral processes; to register political parties; to ascertain, publish and declare the results of elections an referenda; to adjudicate complaints of alleged irregularities in any aspect of the electoral or referendum process at any stage other than in an election petition; and to perform such other functions as may be prescribed by or under any law enacted by parliament. in order to discharge the duties and functions referred to in subsection (1), the electoral commision may employ staff on terms and conditions of employment determined by it after consultation with the public service commission; take into employment public officers seconded to it in terms of subsection (3). the minister responsible for the public service shall, when requested by the electoral commission, make available to the commission any public officer of any authority of the government for the purpose of the discharge of its functions, and the appointment, exercise of disciplinary control or removal of any public officer in relation to the performance of his electoral functions shall be vested in the commission. 66b. decisions of commission every decision of the commission shall, as far as possible, be by consensus. where on any matter consensus cannot be obtained, the matter shall be decided by voting; and the matter shall be taken to have been decided if supported by the votes of a majority of all the members of the commission. in any vote under subsection (2), each member of the commission, including the chairman, shall have one vote and none shall have a casting vote. the electoral commission may regulate its own procedure; and may act notwithstanding any vacancy in its membership or the absence of any member and its proceeding shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings. 66c. independence of commission the electoral commission shall not, in the performance of its functions, be subject to the direction or control of any person or authority. 66d. funds and expenses of commission parliament shall provide funds to enable the commission to perform its functions effectively. the funds required to meet the expenses of the commission in the performance of its functions, including the salaries, allowances and terminal benefits payable to or in respect of the members of the commission, shall be a charge on the consolidated fund. 67. delimitation of constituencies for the purpose of elections to the national assembly lesotho shall, in accordance with the provisions of this section, be divided into eighty constituencies by an order made by the electoral commision. all constituencies shall contain as nearly equal numbers of inhabitants of or above the age of eighteen years as appears to the commission to be reasonably practicable, but the commission may depart from this principle to such extent as it considers expedient in order to take account of-the density of population, and in particular the need to ensure adequate representation of sparsely populated rural areas; the means of communication; geographical features; community of interest; and the boundaries of existing administrative areas: provided that the number of inhabitants, of or above the age of twenty-one years, of any constituency shall not exceed or fall short of the population quota by more than ten per cent. the commission shall review the boundaries of the constituencies into which lesotho is divided in the case of any review after the review of boundaries referred to in section 159(3), not less than eight nor more than ten years from the date of completing its last review, and may, by order, alter the boundaries in accordance with the provisions of this section to such extent as it considers desirable in the light of the review: provided that whenever a census of the population has been held in pursuance of any law the commission may carry out such a review and make such an alteration to the extent which it considers desirable in consequence of that census. in conducting a review of boundaries of the constituencies under this section, the commission shall, in accordance with such procedure as may be prescribed by the commission, enable representations to be made regarding any matter relating to a proposed review. every order made by the commission under this section shall be published in the gazette and shall come into effect upon the next dissolution of parliament after it was made. for the purposes of this section the number of inhabitants of any part of lesotho of or above the age of eighteen years shall be ascertained by reference to the latest census of the population held in pursuance of any law: provided that if the commission considers, by reason of the passage of time since the holding of the latest census or otherwise, that it is desirable so to do it may instead or in addition have regard to any other available information which, in the opinion of the commission, best indicates the number of those inhabitants. in this section "the population quota" means the number obtained by dividing by eighty the number of the inhabitants of lesotho of or above the age of eighteen years. [repealed by act no. 7 of 1997] 69. decision of questions as to membership of parliament the high court shall have jurisdiction to hear and determine any question whether-any person is validly nominated or designated as a senator under section 55 of this constitution; any person has been validly elected as a member of the national assembly; or the seat in senate or the national assembly of any member thereof has become vacant; proportional representation seats have been properly allocated. an application to the high court for the determination of any question under subsection (1)(a) may be made by any senator or by any person who is registered as an elector in elections to the national assembly or by the attorney-general and, if it is made by a person other than the attorney-general, the attorney-general may intervene and may then appear or be represented in the proceedings. an application to the high court for the determination of any question under subsection (1)(b) may be made by any person qualified to vote in the election to which the application relates or by a political party which participated in the election or by the attorney-general and, if it is made by a person other than the attorney-general, the attorney-general may intervene and may then appear or be represented in the proceedings. an application to the high court for the determination of any question under subsection (1)(c) may be made by any member of the national assembly or by any person registered as an elector in elections to the national assembly or by a political party which participated in the elections or by the attorney-general and, if it is made by a person other than the attorney-general, the attorney-general may intervene and may then appear or be represented in the proceedings. an application to the high court for the determination of any question under subsection (1)(d) may be made by a member of the national assembly or by any person registered as an elector in the elections to the national assembly or by a political party which participated in the elections or the independent eletoral commission or the attorney-general, and it if is made by a person other than the attorney-general the attorney-general may intervene and may then appear or be represented in the proceedings. parliament may make provision with respect to-the circumstances and manner in which and the conditions upon which any application may be made to the high court for the determination of any question under this section; and the powers, practice and procedure of the high court in relation to any such application, but, subject to any provision in that behalf made by parliament under this subsection, the practice and procedure of the high court in relation to any such application shall be regulated by rules made by the chief justice. part 2. legislation and procedure in parliament 70. power to make laws subject to the provisions of this constitution, the legislative power of lesotho is vested in parliament. nothing in subsection (1) shall be construed as preventing parliament from conferring on any other person or authority the power to make any rules, regulations, by-laws, orders or other instruments having legislative effect as parliament may determine. 71. oath to be taken by members of parliament every member of either house of parliament shall, before taking his seat in that house, take and subscribe the oath of allegiance before the house, but a member may before taking and subscribing that oath take part in the election of the president or of the speaker. any person elected as president or vice-president or elected as speaker or deputy speaker shall, if he has not already taken and subscribed the oath of allegiance under subsection (1), take and subscribe that oath before the appropriate house before entering upon the duties of his office. 72. presiding in senate there shall preside at any sitting of the senate-the president of the senate; or in the absence of the president, the vice-president; or in the absence of the president and the vice-president, such senator as the senate may elect for that purpose. 73. presiding in national assembly there shall preside at any sitting of the national assembly-the speaker of the national assembly; or in the absence of the speaker, the deputy speaker; or in the absence of the speaker and the deputy speaker, such member of the assembly as the assembly may elect for that purpose. 74. quorum in the houses of parliament if objection is taken by any senator who is present that there are present in the senate (besides the person presiding) fewer than eight senators and, after such interval as may be prescribed in the rules of procedure of the senate, the person presiding ascertains that there are still fewer than eight senators present, he shall thereupon adjourn the senate. if objection is taken by any member of the national assembly who is present, that there are present in the national assembly (besides the person presiding) fewer than thirty members of the national assembly and, after such interval as may be prescribed in the rules of procedure of the national assembly, the person presiding ascertains that there are still fewer than thirty members of the national assembly present, he shall thereupon adjourn the national assembly. 75. voting in parliament save as otherwise provided in this constitution, any question proposed for decision in either house of parliament shall be determined by a majority of the votes of the members present and voting. the person presiding in either house of parliament shall, if he is a member thereof, have an original vote but he shall have no casting vote, and whenever there is an equality of votes on any question, the motion before the house shall be deemed to have been negatived. the rules of procedure of either house of parliament may make provision under which a member who votes upon a question in which he has a direct pecuniary interest shall be deemed not to have voted. 76. right of ministers, deputy ministers and the attorney-general to address either house, etc. a minister or a deputy minister who is a member of the national assembly shall be entitled to attend all meetings of the senate and to take part in all proceedings thereof but he shall not be regarded as a member of, or be entitled to vote on any question before, the senate; and a minister or a deputy minister who is a senator shall be entitled to attend all meetings of the national assembly and to take part in all proceedings thereof but he shall not be regarded as a member of, or be entitled to vote on any question before, the national assembly. the attorney-general shall be entitled to attend the national assembly or the senate and to take part in the proceedings of either house of parliament but he shall not be entitled to vote on any question before the national assembly or the senate. 77. unqualified persons sitting or voting any person who sits or votes in either house of parliament knowing or having reasonable grounds for knowing that he is not entitled to do so shall be guilty of an offence and liable to a fine not exceeding one hundred maloti, or such other sum as may be prescribed by parliament, for each day on which he so sits and votes in that house. any prosecution for an offence under this section shall be instituted in the high court and shall not be so instituted except by the director of public prosecutions. 78. mode of exercise of legislative power the power of parliament to make laws shall be exercisable by bills passed by both houses of parliament (or, in the cases mentioned in section 80 of this constitution, by the national assembly) and assented to by the king. a bill may originate only in the national assembly. when a bill has been passed by the national assembly it shall be sent to the senate and-when it has been passed by the senate and agreement has been reached between the two houses on any amendments made to it by the senate; or when it is required to be presented under section 80 of this constitution, it shall be presented to the king for assent. when a bill has been presented to the king for assent in pursuance of subsection (3), he shall signify that he assents or that he withholds assent. when a bill that has been duly passed is assented to in accordance with the provisions of this constitution it shall become law and the king shall thereupon cause it to be published in the gazette as a law. no law made by parliament shall come into operation until it has been published in the gazette but parliament may postpone the coming into operation of any such law and may make laws with retrospective effect. all laws made by parliament shall be styled "acts of parliament" and the words of enactment shall be "enacted by the parliament of lesotho". 79. restrictions with regard to certain financial measures except with the consent of the cabinet signified by a minister, neither house of parliament shall-proceed upon any bill (including any amendment to a bill) that, in the opinion of the person presiding, makes provision for any of the following purposes-for the imposition of taxation or the alteration of taxation otherwise than by reduction; for the imposition of any charge upon the consolidated fund or any other public fund of lesotho or the alteration of any such charge otherwise than by reduction; for the payment, issue or withdrawal from the consolidated fund or any other public fund of lesotho of any moneys not charged thereon or any increase in the amount of such a payment, issue or withdrawal; or for the composition or remission of any debt due to the government of lesotho; or proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, would be to make provision for any of those purposes. 80. limitation of powers of senate when a bill that is passed by the national assembly and that is certified by the speaker of the national assembly under subsection (2) as an appropriation bill is sent to the senate it shall forthwith be introduced in the senate and shall be passed by the senate without delay; and if it is not passed by the senate by the end of the day after the day on which it was sent to the senate or if it is passed by the senate with amendments to which the national assembly does not by then agree, the bill, with such amendments, if any, as may have been agreed to by both houses, shall, unless the national assembly otherwise resolves, be presented to the king for assent. when a bill that in the opinion of the speaker of the national assembly is an appropriation bill is sent to the senate from the national assembly it shall bear a certificate of the speaker of the national assembly that it is an appropriation bill. when a bill, other than a bill that is certified by the speaker as an appropriation bill, is passed by the national assembly and, having been sent to the senate at least thirty days before the end of the session, is not passed by the senate within thirty days after it is so sent or is passed by the senate with amendments to which the national assembly does not agree within thirty days after the bill was sent to the senate, the bill, with such amendments, if any, as may have been agreed to by both houses, shall, unless the national assembly otherwise resolves, be presented to the king for assent. when a bill is presented to the king in pursuance of this section for assent it shall bear a certificate by the speaker of the national assembly that this section has been complied with. a certificate given by the speaker of the national assembly under this section shall be conclusive for all purposes and shall not be questioned in any court. any function that, under this section, falls to be exercised by the speaker of the national assembly may, if he is absent or is for any other reason unable to exercise the functions of his office, be exercised by the deputy speaker. 81. regulation of procedure in parliament etc subject to the provisions of this constitution, each house of parliament may regulate its own procedure and may in particular make rules for the orderly conduct of its own proceedings. each house of parliament may act notwithstanding any vacancy in its membership (including any vacancy not filled when the house first meets after any general election) and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the house shall not invalidate those proceedings. parliament may, for the purpose of the orderly and effective discharge of the business of the two houses, make provision for the powers, privileges and immunities of those houses and the committees and the members thereof (including any person who is president or vice-president or speaker or deputy speaker of either house, having been elected from among persons who were not members thereof). part 3. summoning, prorogation and dissolution 82. sessions of parliament, etc each session of parliament shall be held at such place within lesotho and shall begin at such time as the king shall appoint: provided that-the time appointed for the meeting of parliament after parliament has been prorogued shall be not later than twelve months from the end of the preceding session; and after parliament has been dissolved, the time appointed for the meeting of the national assembly shall not be later than fourteen days after the holding of a general election of members of the national assembly and the time appointed for the meeting of the senate shall be such time as may be convenient after the nomination of one or more senators in accordance with section 55 of this constitution. subject to the provisions of subsection (1), the sittings of each house of parliament shall be held at such time and place as that house may, by its rules of procedure or otherwise, determine. 83. prorogation and dissolution of parliament the king may at any time prorogue or dissolve parliament. subject to the provisions of subsection (3), parliament, unless sooner dissolved, shall continue for five years from the date when the two houses of parliament first meet after any dissolution and shall then stand dissolved. at any time when lesotho is at war parliament may from time to time extend the period of five years specified in subsection (2) for not more than twelve months at a time: provided that the life of parliament shall not be extended under this subsection for more than five years. in the exercise of his powers to dissolve or prorogue parliament, the king shall act in accordance with the advice of the prime minister: provided that-if the prime minister recommends a dissolution and the king considers that the government of lesotho can be carried on without a dissolution and that a dissolution would not be in the interests of lesotho, he may, acting in accordance with the advice of the council of state, refuse to dissolve parliament; if the national assembly passes a resolution of no confidence in the government of lesotho and the prime minister does not within three days thereafter either resign or advise a dissolution the king may, acting in accordance with the advice of the council of state, dissolve parliament; and if the office of prime minister is vacant and the king considers that there is no prospect of his being able within a reasonable time to find a person who is the leader of a political party or a coalition of political parties that will command the support of a majority of the members of the national assembly, he may, acting in accordance with the advice of the council of state, dissolve parliament. a resolution of no confidence in the government of lesotho shall not be effective for the purposes of subsection (4)(b) unless it proposes the name of a member of the national assembly for the king to appoint in the place of the prime minister. 84. general elections subject to the provisions of subsection (2), a general election of members of the national assembly shall be held at such time within three months after any dissolution of parliament as the king may appoint. if, after a dissolution of parliament and before the holding of a general election of members of the national assembly, the king is advised by the council of state that, owing to a state of war or of a state of emergency in lesotho, it is necessary to recall parliament, the king shall recall the parliament that has been dissolved and that parliament shall be deemed to be the parliament for the time being (and the members of the dissolved parliament shall be deemed to be the members of the recalled parliament), but the general election of members of the national assembly shall proceed and the recalled parliament shall, if not sooner dissolved, stand dissolved on the day immediately preceding the day fixed for such general election or, if more than one such day, the first of such days. 84a. power of parliament to enact further provisions parliament may, subject to the provisions of this constitution, enact such laws as may be necessary for the purposes of this chapter including laws for the registration of electors, the conduct of elections, the powers, duties and functions of the electoral commission and the registration and regulation of political parties. 84b. referendum the king may, on the advice of the prime minister order that a referendum be conducted to obtain the opinion of the electors on any matter he considers to be of national interest. parliament may make provision fo rthe conduct of a referendum. chapter vii. alteration of constitution 85. alteration of constitution subject to the provisions of this section, parliament may alter this constitution. a bill for an act of parliament under this section shall not be passed by parliament unless it is supported at the final voting in the national assembly by the votes of the majority of all the members of the assembly and, having been sent to the senate, has become a bill that, apart from this section, may be presented to the king for his assent under subsection 80(1) or (3) as the case may be, of this constitution. a bill to alter any of the following provisions of this constitution, that is to say-this section, sections 1(1) and 2, chapter ii except sections 18(4) and 24(3), sections 44 to 48 inclusive, 50(1) to (3), 52, 86, 91 (1) to (4), 92, 95, 103, 104, 107, 108, 118(1) and (2), 119(1) to (3), 120(1), (2), (4), and (5), 121, 123(1), (3), (4), 125, 128, 129, 132, 133 and sections 154 and 155 in their application to any of the provisions mentioned in this paragraph; and sections 37, 38, 54 to 60 inclusive; sections 66, 66a, 66b, 66c and 66d, 67, 68, 69(1) and (6), 70, 74, 75(1), 78(1), (2), (3) and (4), 80(1), (2), and (3), 82(1), 83 and 84; sections 134 to 142 inclusive, 150 and 151 and sections 154 and 155 in their application to any of the provisions mentioned in this paragraph, shall not be submitted to the king for his assent unless the bill, not less than two nor more than six months after its passage by parliament, has, in such manner as may be prescribed by or under an act of parliament, been submitted to the vote of the electors qualified to vote in the election of the members of the national assembly, and the majority of the electors voting have approved the bill: provided that if the bill does not alter any of the provisions mentioned in paragraph (a) and is supported at the final voting in each house of parliament by the votes of no less than two-thirds of all the members of that house it shall not be necessary to submit the bill to the vote of the electors. nothing in section 80 of this constitution affects the operation of subsection (3). in this section-references to this constitution or to any particular provision thereof include references to any other law in so far as that law alters the constitution or, as the case may be, that provision; and references to altering this constitution or any particular provision thereof include references to repealing it, with or without re-enactment thereof or the making of different provision in lieu thereof, to modifying it and to suspending its operation for any period. chapter viii. the executive 86. executive authority of lesotho the executive authority of lesotho is vested in the king and, subject to the provisions of this constitution, shall be exercised by him through officers or authorities of the government of lesotho. 87. ministers of government of lesotho there shall be a prime minister who shall be appointed by the king acting in accordance with the advice of the council of state. the king shall appoint as prime minister the member of the national assembly who appears to the council of state to be the leader of the political party or coalition of political parties that will command the support of a majority of the members of the national assembly: provided that if occasion arises for making an appointment to the office of prime minister while parliament stands dissolved, a person who was a member of the national assembly immediately before the dissolution may be appointed to the office of prime minister. there shall be, in addition to the office of prime minister, such other offices of minister of the government of lesotho (not being less than seven in number and one of which shall be the office of deputy prime minister) as may be established by parliament or, subject to any provision made by parliament, by the king, acting in accordance with the advice of the prime minister. the king shall, acting in accordance with the advice of the prime minister, appoint the other ministers from among the members of the national assembly or from among the senators who are nominated as senators by the king under section 55 of this constitution: provided that if occasion arises for making an appointment to the office of minister other than prime minister while parliament stands dissolved a person who immediately before the dissolution was a member of the national assembly or such a senator may be appointed to the office of minister. the king may, acting in accordance with the advice of the council of state, remove the prime minister from office-if a resolution of no confidence in the government of lesotho is passed by the national assembly and the prime minister does not within three days thereafter, either resign from his office or advise a dissolution of parliament; or if at any time between the holding of a general election to the national assembly and the date on which the assembly first meets thereafter, the king considers that, in consequence of changes in the membership of the assembly resulting from that election, the prime minister will no longer be the leader of the political party or coalition of political parties that will command the support of a majority of the members of the assembly. the office of the prime minister shall become vacant-if he ceases to be a member of the national assembly otherwise than by reason of a dissolution of parliament; or if, when the national assembly first meets after a dissolution of parliament, he is not then a member thereof. the office of a minister other than the prime minister shall become vacant-if he ceases to be a member of either house of parliament otherwise than by reason of a dissolution of parliament; or if he becomes a senator other than a senator nominated under section 55 of this constitution; or if, when the two houses of parliament first meet after a dissolution he is not then either a member of the national assembly or a senator nominated under section 55 of this constitution; or if the king, acting in accordance with the advice of the prime minister, so directs; or if the prime minister resigns from office within three days after the passage by the national assembly of a resolution of no confidence in the government of lesotho or is removed from office under subsection (5); or on the appointment of any person to the office of prime minister. a resolution of no confidence in the government of lesotho shall not be effective for the purposes of subsections (5)(a) and (7)(e) unless it proposes the name of a member of the national assembly for the king to appoint in the place of the prime minister. 88. cabinet there shall be a cabinet of ministers, consisting of the prime minister and the other ministers. the functions of the cabinet shall be to advise the king in the government of lesotho, and the cabinet shall be collectively responsible to the two houses of parliament for any advice given to the king by or under the general authority of the cabinet and for all things done by or under the authority of any minister in the execution of his office. the provisions of subsection (2) shall not apply in relation to-the appointment and removal from office of ministers and deputy ministers, the assignment of responsibility to any minister under section 89 of this constitution or, save in circumstances set out in the proviso to section 90(3), the authorisation of another minister under section 90 of this constitution to exercise the functions of the prime minister during the latter's absence or illness; or the dissolution or prorogation of parliament. 89. allocation of portfolios to ministers the king, acting in accordance with the advice of the prime minister, may, by directions in writing, assign to the prime minister or any other minister responsibility for any business of the government of lesotho, including the administration of any department of government: provided that authority to exercise any power or discharge any duty that is conferred or imposed by this constitution or any other law on the king or on any other person or authority, not being the minister concerned, shall not be conferred or imposed upon any minister under this section. 90. exercise of prime minister's functions during absence, being on leave or illness whenever the prime minister is absent from lesotho, is on leave or is by reason of illness unable to exercise the functions conferred on him by this constitution, those functions (other than the functions conferred by this section) shall be exercised by-the deputy prime minister; or if the office of deputy prime minister is vacant or the deputy prime minister is absent from lesotho, is on leave or is by reason of illness unable to exercise the functions of the office of prime minister, by such other minister as the king may authorise in that behalf. a minister who is authorised by the king in pursuance of subsection (1)(b) to exercise the functions conferred on the prime minister by this constitution may exercise those functions until his authority is revoked by the king. the powers of the king under this section shall be exercised by him in accordance with the advice of the prime minister: provided that if the king considers that it is impracticable to obtain the advice of the prime minister owing to his absence, being on leave or illness, he shall act in accordance with the advice of the cabinet. 91. exercise of the king's functions subject to the provisions of section 137(4) of this constitution, the king shall, in the exercise of his functions under this constitution or any other law, act in accordance with the advice of the cabinet or a minister acting under the general authority of the cabinet except in cases where he is required by this constitution or any other law to act in accordance with the advice of any person or authority other than the cabinet. where the king is required by this constitution to do any act in accordance with the advice of the council of state and the council of state is satisfied that the king has not done that act, the council of state may inform the king that it is the intention of the council of state to do that act after the expiration of a period to be specified by the council of state, and if at the expiration of that period the king has not done that act, the council of state may do that act themselves and shall, at the earliest opportunity thereafter, report the matter to parliament; and any act so done by the council of state shall be deemed to have been done by the king and to be his act. where the king is required by this constitution to do any act in accordance with the advice of any person or authority other than the council of state, and the prime minister is satisfied that the king has not done that act, the prime minister may inform the kin that it is the intention of the prime minister to do that act himself after the expiration of a period to be specified by the prime minister, and if at the expiration of that period the king has not done that act the prime minister may do that act himself and shall, at the earliest opportunity thereafter, report the matter to parliament; and any act so done by the prime minister shall be deemed to have been done by the king and to be his act. no act of the king shall be valid to the extent that it is inconsistent with an act deemed to be his act by virtue of subsection (2) or (3). without prejudice to the generality of section 155(8) of this constitution, where the king is required by this constitution to act in accordance with the advice of any person or authority, the question whether he has received or acted in accordance with such advice shall not be enquired into in any court. in this section, references to a requirement in this constitution to act in accordance with the advice of some person or authority include references to the advice of, and a recommendation by, a tribunal and to the appointment to a tribunal of persons selected by any person or authority and any such reference shall be construed as a requirement to act in accordance with such advice, recommendation or selection. 92. the king's right to be consulted and informed concerning matters of government the king shall have the right to be consulted by the prime minister and the other ministers on all matters relating to the government of lesotho and the prime minister shall keep him fully informed concerning the general conduct of the government of lesotho and shall furnish him with such information as he may request in respect of any particular matter relating to the government of lesotho. 93. deputy ministers the king, acting in accordance with the advice of the prime minister, may appoint deputy ministers, to deputise ministers in the performance of their duties, from among the members of the national assembly or from among the senators who are nominated as senators by the king under section 55 of this constitution: provided that, if occasion arises for making an appointment while parliament stands dissolved, a person who immediately before the dissolution was a member of the national assembly or was such a senator as aforesaid may be appointed as a deputy minister. the provisions of section 87(7) of this constitution shall apply in relation to a deputy minister as they apply in relation to a minister. whenever a miniser is absent from lsotho, is on leave or is by reason of illness unable to exercise the functions conferred on him or her by this constitution, those functions shall be exercised by the deputy minister. if the minister does not have a deputy minister or the deputy minister is absent from lesotho, is on leave or is by reason of illness unable to exercise the functions of the office of minister, the assignment of responsibility to any minister under section 89 shall apply. 94. oath to be taken by ministers and deputy ministers a minister or a deputy minister shall not enter upon the duties of his office unless he has taken and subscribed an oath of allegiance and such oath for the due execution of his office as may be prescribed by parliament. 95. the council of state there shall be in and for lesotho a council (to be styled the council of state) to assist the king in the discharge of his functions and to exercise such other functions as are conferred by this constitution. the council of state shall consist of-the prime minister; the speaker of the national assembly; two judges or former judges of the high court or court of appeal who shall be appointed by the king on the advice of the chief justice; the attorney-general; the commander of the defence force; the commissioner of police; a principal chief who shall be nominated by the college of chiefs; two members of the national assembly appointed by the speaker from among the members of the opposition party or parties. in making this appointment the speaker shall appoint the leader of the opposition and the leader of the opposition party or coalition of parties having the next greatest numerical strength. if there is only one opposition party the speaker shall appoint another member of that party; not more than three persons who shall be appointed by the king on the advice of the prime minister, by virtue of their special expertise, skill or experience: provided that no person shall be appointed under this paragraph if he is disqualified to be elected as a member of the national assembly under section 59 of this constitution; a member of the legal profession in private practice who shall be nominated by the law society established by the law society act 1983, or by some other professional body established under any law replacing the law society act 1983. a person who is not a citizen of lesotho shall not be eligible to sit as a member of the council of state. subject to subsection (5), a member of the council of state referred to in subsection (2)(c), (g), (i) or (j) shall hold office for a period of six years but shall be eligible for reappointment as a member of the council of state. a member of the council of state shall vacate his office-in the case of a member referred to in subsection (2)(a), (b), (d), (e) or (f), if he ceases to hold the office by virtue of which he became such a member; in the case of a member referred to in subsection (2)(c) if the king, acting in accordance with the advice of the chief justice, so directs; in the case of a member referred to in subsection (2)(g), if he is removed by the college of chiefs; in the case of a member referred to in subsection (2)(h), if he ceases to be such leader as is mentioned in subsection (2)(h) or when the national assembly first meets after a dissolution of parliament, whichever first occurs; in the case of a member referred to in subsection (2)(i), if he is removed by the king on the advice of the prime minister: provided that the provisions of section 142 (4) to (7) shall apply to any such member as they apply to a person holding the office of auditor-general; in the case of a member referred to in subsection (2)(j) if he is removed by the law society or such other professional body as is mentioned in subsection (2)(j). the quorum of the council of state is eight and subject thereto the council may act notwithstanding any vacancy in its membership. meetings of the council of state shall be summoned by the king and its advice shall be tendered in writing. if the king does not call a meeting of the council of state for consideration of any matter on which the advice of the council is required, the prime minister shall summon a meeting of the council of state, failing which any member of the council, supported by not less than seven other members, may call a meeting of the council of state. the king may attend any meeting of the council and, if he does attend, shall preside; in the absence of the king the prime minister or such other member as may be prescribed by its rules of procedure shall preside at meetings of the council. the council of state may request any public officer or any other person holding or acting in any office established by or under this constitution or any authority so established to assist it in the exercise of its functions (whether by way of attendance before the council or otherwise) and any such officer or authority shall comply with any such request. subject to the provisions of this section, the council of state may regulate its own procedure. 96. principal secretaries where any minister has been charged with responsibility for any department of government, he shall exercise general direction and control over that department and, subject to such direction and control, every department of government shall be under the supervision of the principal secretary whose office shall be an office in the public service: provided that two or more government departments may be placed under the supervision of one principal secretary. 97. government secretary there shall be a government secretary whose office shall be an office in the public service. the government secretary, who shall have charge of the cabinet office, shall be responsible, in accordance with such instructions as may be given to him by the prime minister, for arranging the business for, and keeping the minutes of, the cabinet, for conveying the decisions of the cabinet to the appropriate person or authority and shall have such other functions as the prime minister may from time to time direct or as may be conferred on him by any other law. 98. attorney-general there shall be an attorney-general whose office shall be an office in the public service. it shall be the duty of the attorney-general-to provide legal advice to government; to exercise ultimate authority over the director of public prosecutions; to take necessary legal measures for the protection and upholding of this constitution and the other laws of lesotho; to exercise or perform any of the rights, prerogatives, privileges or functions of the state before courts or tribunals; and to perform such other duties and exercise such other powers as may be conferred on him by this constitution or any other law. the attorney-general may exercise his functions personally or through officers subordinate to him in accordance with his general or special instructions. in the exercise of the functions vested in him by subsection (2)(a) and (b) and section 69 of this constitution, the attorney-general shall not be subject to the direction or control of any other person or authority. the attorney-general shall take and subscribe such oath of office for the due execution of his functions as may be prescribed by parliament. 99. director of public prosecutions there shall be a director of public prosecutions whose office shall be an office in the public service. the director of public prosecutions shall have power in any case in which he considers it desirable so to do-to institute and undertake criminal proceedings against any person before any court (other than a court-martial) in respect of any offence alleged to have been committed by that person; to take over and continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and to discontinue at any stage before judgement is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority. the powers of the director of public prosecutions under subsection (2) may be exercised by him in person or by officers subordinate to him acting in accordance with his general or special instructions. the powers conferred on the director of public prosecutions by subsections (2)(b) and (c) shall be vested in him to the exclusion of any other person or authority except the attorney-general: provided that where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the court. for the purposes of this section, any appeal from a judgement in criminal proceedings before any court, or any case stated or question of law reserved for the purpose of any such proceedings, to any other court shall be deemed to be part of those proceedings: provided that the power conferred on the director of public prosecutions by subsection (2)(c) shall not be exercised in relation to any appeal by a person convicted in any criminal proceedings or to any case stated or question of law reserved at the instance of such a person. save as provided in section 98(2)(b) of this constitution, in the exercise of the functions conferred on him by subsection (2) of this section or section 77 of this constitution the director of public prosecutions shall not be subject to the direction or control of any other person or authority. 100. constitution of offices subject to the provisions of this constitution and of any other law, the king may constitute offices for lesotho, make appointments to any such office and terminate any such appointment. 101. prerogative of mercy the king may-grant to any person convicted of any offence under the law of lesotho a pardon, either free or subject to lawful conditions; grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for such an offence; substitute a less severe form of punishment for any punishment imposed on any person for such an offence; and remit the whole or part of any punishment imposed on any person for such an offence or any penalty or forfeiture otherwise due to the king on account of such an offence. the powers of the king under subsection (1) shall be exercised by him acting in accordance with the advice of the pardons committee. 102. pardons committee on prerogative of mercy there shall be a pardons committee on the prerogative of mercy which shall consist of a chairman and two other members appointed by the king acting in accordance with the advice of the judicial service commission from among persons who are not public officers or members of either house of parliament. the office of the chairman or of any other member of the committee appointed under subsection (1) shall become vacant-at the expiration of three years from the date of his appointment; or if the king, acting in accordance with the advice of the judicial service commission, so directs; or if any circumstances arise that, if he were not a member of the committee, would cause him to be disqualified to be appointed as such under subsection (1). the committee may act notwithstanding any vacancy in its membership and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings. the committee may regulate its own procedure. 103. chiefs the twenty-two offices of principal chief set out in schedule 2 to this constitution and the other offices of chief recognised under the law in force immediately before the commencement of this constitution shall continue to exist. parliament may make provision for the regulation of offices of chief. each chief shall have such functions as are conferred on him by this constitution or by or under any other law. 104. college of chiefs there shall be a college of chiefs which, subject to the provisions of subsection (3), shall consist of the twenty-two principal chiefs. the college of chiefs shall have the functions conferred on it by section 45 and section 46 of this constitution and the duty to maintain and safeguard the national archives in relation to those functions, and it shall also have such other functions as may be conferred on it by any other law. the college of chiefs may, by resolution, co-opt members to assist it in the performance of its functions: provided that such co-opted members shall not exceed three in number at any one time. a co-opted member of the college of chiefs may attend and take part in all meetings of the college but he shall not be entitled to vote on any question before the college. the college of chiefs may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings: provided that any decision of the college shall require the concurrence of a majority of all the members thereof (other than the co-opted members). subject to the provisions of this section, the college of chiefs may regulate its own procedure. 105. national advisory planning board there shall be a national advisory planning board which shall consist of the following members, not more than three persons for the time being designated in that behalf by the king, acting in accordance with the advice of the council of state; not more than six persons who are for the time being designated in that behalf by a minister or ministers specified by the prime minister and who possess such professional qualifications as, in the opinion of the relevant minister, will enable them to make a special contribution to the work of the board; not more than three persons for the time being designated in that behalf by such organisations representative of local government authorities as may be so designated by the minister for the time being responsible for local government; not more than three persons for the time being designated in that behalf by such organisations representative of the private sector as may be so appointed by the minister for the time being responsible for trade and industry; and not more than three persons for the time being designated in that behalf by livestock farmers and other agro-allied associations. the functions of the national advisory planning board shall be, to advise the minister responsible for development planning on issues relating to the planning and budgeting systems; the alignment of the medium-term expenditure framework approach with strategic planning documents; the integration of district planning activities in the national planning system; and the preparation of guidelines for planning activities; to review progress towards achievement of targets, goals and objectives of the national vision and provide advice on the procedures to be followed in the periodic updating of the national vision; and on the inclusion of poverty reduction priorities in the planning and budgetary system. parliament may make provision for the purpose of giving effect to the provisions of this section and in particular may make provision in respect of the following:-the election of chairman; the term of office of members of the national advisory planning board; and the procedure of the national advisory planning board. the national advisory planning board shall prior to each financial year, submit an annual work-plan and budget to the minister responsible for development planning; and at the end of each financial year, submit an annual report on the activities of the board to the minister responsible for development planning shall table the report before cabinet and parliament. the minister responsible for finance and development planning shall table the report before cabinet and parliament. 106. local authorities parliament shall establish such local authorities as it deems necessary to enable urban and rural communities to determine their affairs and to develop themselves. such authorities shall perform such functions as may be conferred by an act of parliament. any enactment which provides for the establishment of a local authority and in force immediately before the coming into operation of this constitution shall continue in force subject to repeal or modification by parliament. chapter ix. land 107. land vested in basotho nation without prejudice to any allocation of land that was made before the commencement of this constitution and was subsisting immediately before such commencement or to any interests or rights in or over land that were otherwise vested in any person immediately before such commencement and without prejudice to any allocation of land or any grant of any interest or right in or over land that may, in accordance with the provisions of this constitution and, subject thereto, of any other law, be made after the commencement of this constitution, all land in lesotho is vested in the basotho nation. 108. power to allocate land, etc. vested in the king in trust for basotho nation the power to allocate land that is vested in the basotho nation, to make grants of interests or rights in or over such land, to revoke or derogate from any allocation or grant that has been made or otherwise to terminate or restrict any interest or right that has been granted is vested in the king in trust for the basotho nation. the power that is vested in the king by subsection (1) of this section shall be exercised in accordance with this constitution and any other law. 109. laws regulating principles on which land may be allocated, etc parliament may make provision prescribing the allocations that may be made and the interests or rights that may be granted in exercise of the power conferred by section 108 of this constitution, the grounds upon which and the circumstances in which such allocations or grants may or shall be so made or may or shall be revoked or derogated from or the interests or rights which may or shall otherwise be so terminated or restricted, appeals in respect of the allocation or refusal to allocate land or the revocation of interests to or in land and, generally, regulating the principles according to which and the manner in which the said power shall be exercised. chapter x. finance 110. consolidated fund all revenues or other moneys raised or received for the purposes of the government of lesotho (not being revenues or other moneys that are payable, by or under an act of parliament, into some other fund established for any specific purpose or that may, by or under such an act, be retained by the authority that received them for the purpose of defraying the expenses of that authority) shall be paid into and form a consolidated fund. 111. withdrawals from consolidated fund or other public funds no moneys shall be withdrawn from the consolidated fund except-to meet expenditure that is charged upon the fund by this constitution or by any act of parliament; or where the issue of those moneys has been authorised by an appropriation act or by an act made in pursuance of section 113 of this constitution. where any moneys are charged by this constitution or any act of parliament upon the consolidated fund or any other public fund, they shall be paid out of that fund by the government of lesotho to the person or authority to whom payment is due. no moneys shall be withdrawn from any public fund other than the consolidated fund unless the issue of those moneys has been authorised by or under any law. parliament may prescribe the manner in which withdrawals may be made from the consolidated fund or any other public fund. the investment of moneys forming part of the consolidated fund shall be made in such manner as may be prescribed by or under an act of parliament. notwithstanding the provisions of subsection (1), provision may be made by or under an act of parliament authorising withdrawals to be made from the consolidated fund, in such circumstances and to such extent as may be prescribed by or under an act of parliament, for the purpose of making repayable advances. 112. authorisation of expenditure from consolidated fund by appropriation the minister for the time being responsible for finance shall cause to be prepared and laid before both houses of parliament in each financial year estimates of the revenues and expenditure of lesotho for the next following financial year. when the estimates of expenditure (other than expenditure charged upon the consolidated fund by this constitution or by any act of parliament) have been approved by the national assembly, a bill, to be known as an appropriation bill, shall be introduced in the assembly, providing for the issue from the consolidated fund of the sums necessary to meet that expenditure and the appropriation of those sums, under separate votes for the several heads of expenditure approved, to the purposes specified therein. if in respect of any financial year it is found-that the amount appropriated by the appropriation act to any purpose is insufficient or that a need has arisen for expenditure for a purpose to which no amount has been appropriated by that act; or that any moneys have been expended for any purpose in excess of the amount appropriated to that purpose by the appropriation act or for a purpose to which no amount has been appropriated by that act, a supplementary estimate or, as the case may be, a statement of excess showing the sums required or spent shall be laid before both houses of parliament and, when the supplementary estimate or statement of excess has been approved by the national assembly, a supplementary appropriation bill shall be introduced in the assembly, providing for the issue of such sums from the consolidated fund and appropriating them to the purposes specified therein. 113. authorisation of expenditure in advance of appropriation parliament may make provision under which, if it appears to the minister for the time being responsible for finance that the appropriation act for any financial year will not come into operation by the beginning of that financial year, he may authorise the withdrawal from the consolidated fund of moneys for the purpose of meeting expenditure necessary to carry on the government of lesotho in respect of the period commencing with the beginning of that financial year and expiring four months thereafter or on the coming into operation of the act, whichever is the earlier: provided that-the moneys so authorised to be withdrawn in advance of the appropriation act for any financial year shall not exceed in total one-third of the sums included in the estimates of expenditure for the proceeding financial year that have been laid before the assembly; no sums shall be so authorised to be withdrawn to meet expenditure on any head of expenditure in that financial year if no sums had been voted to meet expenditure on that head of expenditure in respect of the preceding financial year; and any moneys so withdrawn shall be included, under separate votes for the several heads of expenditure in respect of which they were withdrawn, in the appropriation act. 114. contingencies fund parliament may make provision for the establishment of a contingencies fund and for authorising the minister for the time being responsible for finance, if satisfied that there has arisen an urgent and unforseen need for expenditure for which no other provision exists, to make advances from that fund to meet that need. where any advance is made from the contingencies fund, a supplementary estimate shall be presented and a supplementary appropriation bill shall be introduced as soon as possible for the purpose of replacing the amount so advanced. 115. remuneration of certain officers there shall be paid to the holders of the offices to which this section applies such salary and such allowances as may be prescribed by or under an act of parliament. the salaries and allowances prescribed in pursuance of this section in respect of the holders of the offices to which this section applies shall be a charge on the consolidated fund. the salary prescribed in pursuance of this section in respect of the holder of any office to which this section applies and his other terms of service (other than allowances that are not taken into account in computing, under any law in that behalf, any pension payable in respect of his service in that office) shall not be altered to his disadvantage after his appointment. when a person's salary or other terms of service depend upon his option, the salary or terms for which he opts shall, for the purposes of subsection (3), be deemed to be more advantageous to him than any others for which he might have opted. this section applies to the offices of the president of the senate, the speaker of the national assembly, a judge of the high court, a member of the independent electoral commission, a member of the public service commission, an appointed member of the judicial service commission, the attorney general, the director of public prosecutions, the auditor general, the ombudsman and such other similar offices as may be established by or under this constitution. nothing in this section shall be construed as prejudicing the provisions of section 150 of this constitution (which protects pensions rights in respect of service as a public officer). 116. public debt all debt charges for which lesotho is liable shall be a charge on the consolidated fund. for the purposes of this section debt charges include interest, sinking fund charges, the repayment or amortisation of debt and all expenditure in connection with the raising of loans on the security of the consolidated fund and the service and redemption of debt created thereby. 117. auditor-general there shall be an auditor-general whose office shall be an office in the public service. it shall be the duty of the auditor-general-to satisfy himself that all moneys that have been appropriated by parliament and disbursed have been applied to the purposes to which they were so appropriated and that the expenditure conforms to the authority that governs it; and at least once in every year to audit and report on the public accounts of the government of lesotho, the accounts of all officers and authorities of that government, the accounts of all courts in lesotho, the accounts of every commission established by this constitution and the accounts of the clerk to each house of parliament. the auditor-general and any officer authorised by him shall have access to all books, records, returns, reports and other documents that in his opinion relate to any of the accounts referred to in subsection (2) and to all cash, stamps, securities, stores and other property of whatever kind that he considers it necessary to inspect in connection with any of those accounts and that is in the possession of any officer or authority of the government of lesotho. the auditor-general shall submit every report made by him in pursuance of subsection (2) to the minister for the time being responsible for finance who shall, not later than seven days after each house of parliament first meets after he has received the report, lay it before that house. the auditor-general shall exercise such other functions in relation to the accounts of the government of lesotho or the accounts of other authorities or bodies established by law for public purposes as may be prescribed by or under an act of parliament. in exercise of his functions under subsections (2), (3) and (4) the auditor-general shall not be subject to the direction or control of any other person or authority. chapter xi. the judicature part 1. the judiciary 118. the judiciary the judicial power shall be vested in the courts of lesotho which shall consist of-a court of appeal; a high court; subordinate courts and courts-martial; such tribunals exercising a judicial function as may be established by parliament. the courts shall, in the performance of their functions under this constitution or any other law, be independent and free from interference and subject only to this constitution and any other law. the government shall accord such assistance as the courts may require to enable them to protect their independence, dignity and effectiveness, subject to this constitution and any other law. part 2. the high court 119. establishment of high court there shall be a high court which shall have unlimited original jurisdiction to hear and determine any civil or criminal proceedings and the power to review the decisions or proceedings of any subordinate or inferior court, court-martial, tribunal, board or officer exercising judicial, quasi-judicial or public administrative functions under any law and such jurisdiction and powers as may be conferred on it by this constitution or by or under any other law. the judges of the high court shall be the chief justice and such number, of other judges (hereinafter referred to as "the puisne judges") as may be prescribed by parliament: provided that the office of a puisne judge shall not be abolished while there is a substantive holder thereof. the high court shall be a superior court of record and, save as otherwise provided by parliament, shall have all the powers of such a court. the high court shall sit in such places as the chief justice may appoint. 120. appointment of judges of high court the chief justice shall be appointed by the king acting in accordance with the advice of the prime minister. the puisne judges shall be appointed by the king, acting in accordance with the advice of the judicial service commission. 3 a person shall not be qualified to be appointed as a judge of the high court unless-he holds or has held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or in any country outside the commonwealth that may be prescribed by parliament or a court having jurisdiction in appeals from such a court; or he holds one of the specified qualifications and has held one or other of those qualifications for a total period of not less than five years. in this subsection "the specified qualifications" means the professional qualifications specified by the legal practitioners act 1983, or by or under any law amending or replacing that act, one of which must be held by any person before he may apply under that act, or under any such law, to be admitted as a legal practitioner in lesotho. if the office of chief justice is vacant or the chief justice is for any reason unable to exercise the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be exercised by such one of the judges of the court of appeal or the puisne judges or such other person qualified to be appointed as a judge of the high court as the king, acting in accordance with the advice of the prime minister, may appoint. before rendering advice to the king for the purposes of this subsection the prime minister shall consult the chief justice if he is available: provided that-a person may be appointed under this subsection notwithstanding that he has attained the age prescribed for the purposes of section 121(1) of this constitution; and a person appointed under this subsection may, notwithstanding the assumption or resumption of the functions of the office of chief justice by the holder of that office, continue to act as chief justice for so long thereafter and to such extent as may be necessary to enable him to deliver judgement or to do any other thing in relation to proceedings that were commenced before him previously thereto. if the office of any puisne judge is vacant or if any such judge is appointed to act as chief justice or is for any reason unable to perform the functions of his office or if the chief justice advises the king that the state of business in the high court so requires, the king, acting in accordance with the advice of the judicial service commission, may appoint a person who is qualified to be appointed as a judge of the high court to act as a puisne judge of that court: provided that a person may act as a judge notwithstanding that he has attained the age prescribed for the purposes of section 121(1) of this constitution. any person appointed under subsection (5) to act as a puisne judge shall, subject to the provisions of section 121(7) of this constitution, continue to act as judge for the period of his appointment or, if no such period is specified, until his appointment is revoked by the king, acting in accordance with the advice of the judicial service commission: provided that, notwithstanding the expiration of the period of his appointment or the revocation of his appointment, he may thereafter continue to act as a puisne judge for so long as necessary to enable him to deliver judgement or to do any other thing in relation to proceedings that were commenced before him previously thereto. 121. tenure of office of chief justice and other judges of high court subject to the provisions of this section, a person holding the office of chief justice or other judge of the high court shall vacate that office when he attains the prescribed age. notwithstanding that he has attained the age prescribed for the purposes of subsection (1), a person holding the office of chief justice or other judge of the high court may continue in office for so long after attaining that age as may be necessary to enable him to deliver judgement or to do any other thing in relation to proceedings that were commenced before him before he attained that age. the chief justice and any other judge of the high court may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. the chief justice and any other judge of the high court shall be removed from office by the king if the question of his removal has been referred by the king to a tribunal appointed under subsection (5) and the tribunal has advised the king that the chief justice or the judge ought to be removed from office for inability as aforesaid or for misbehaviour. if the prime minister or, in the case of a puisne judge, the chief justice represents to the king that the question of removing a judge under this section ought to be investigated, then-the king shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected in accordance with the provisions of subsection (6) from among persons who hold or have held high judicial office; and the tribunal shall enquire into the matter and report on the facts thereof to the king and advise the king on what action is to be taken in relation to the chief justice or other judge. when the question of removing the chief justice is to be investigated the members of the tribunal shall be selected by the prime minister, and when the question of removing a puisne judge is to be investigated they shall be selected by the chief justice. if the question of removing the chief justice or a judge from office has been referred to a tribunal under subsection (5), the king, acting in accordance with the advice of the prime minister in the case of the chief justice and acting in accordance with the advice of the chief justice in the case of a puisne judge, may suspend the chief justice, or as the case may be, the judge, from the exercise of the functions of his office and any such suspension may at any time be revoked by the king, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal advises the king that the chief justice or the judge should not be removed from office. the prescribed age for the purposes of subsection (1) is the age of seventy-five years or such other age as may be prescribed by parliament: provided that an act of parliament, to the extent to which it alters the prescribed age after the appointment of a person to be chief justice or judge of the high court, shall not have effect in relation to that person unless he consents that it should have effect. 122. oath by judges of high court before entering upon the duties of his office, the chief justice and a puisne judge shall take and subscribe such oath for the due execution of his office as may be prescribed by parliament. part 3. the court of appeal 123. establishment of court of appeal there shall be for lesotho a court of appeal which shall have such jurisdiction and powers as may be conferred on it by this constitution or any other law. the judges of the court of appeal shall be-the president; such number of justices of appeal as may be prescribed by parliament; and the chief justice and the puisne judges of the high court ex officio. the office of a justice of appeal shall not be abolished while there is a substantive holder thereof. the court of appeal shall be a superior court of record and, save as otherwise provided by parliament, shall have all the powers of such a court. the court may, in accordance with any directions issued from time to time by the president, sit in lesotho or elsewhere to dispose of any matter in relation to an appeal, not involving the decision of the appeal, and such matter may be disposed of by a single judge. 124. appointment of judges of court of appeal the president shall be appointed by the king on the advice of the prime minister. the justices of appeal shall be appointed by the king, acting in accordance with the advice of the judicial service commission after consultation with the president. 3 a person shall not be qualified to be appointed as a justice of appeal unless-he holds or has held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or in any country outside the commonwealth that may be prescribed by parliament or a court having jurisdiction in appeals from such a court; or he holds one of the specified qualifications and has held one or other of those qualifications for a total period of not less than seven years. in this subsection "the specified qualifications" means the professional qualifications specified by the legal practitioners act 1983, or by or under any law amending or replacing that act, one of which must be held by any person before he may apply under that act, or under any such law to be admitted as a legal practitioner in lesotho. if the office of president is vacant or the president is for any reason unable to exercise the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be exercised by such one of the judges of the court of appeal or such other person qualified to be appointed as a judge of the court of appeal as the king, acting in accordance with the advice of the prime minister, may appoint. before tendering advice to the king for the purposes of this subsection, the prime minister shall consult the president if he is available: provided that: a person may be appointed under this subsection notwithstanding that he has attained the age prescribed for the purposes of section 125(1) of this constitution; and a person appointed under this subsection may, notwithstanding the assumption or resumption of the functions of the office of president by the holder of that office, continue to act as president for so long thereafter and to such extent as may be necessary to enable him to deliver judgement or to do any other thing in relation to proceedings that were commenced before him previously thereto. if the office of a justice of appeal is vacant or if any such justice of appeal is appointed to act as president or is for any reason unable to perform the functions of his office, or if the president advises the king that the state of business in the court of appeal so requires, the king, acting in accordance with the advice of the judicial service commission after consultation with the president, may appoint a person who is qualified to be appointed as a justice of appeal to act as a justice of appeal: provided that a person may act as a justice of appeal notwithstanding that he has attained the age prescribed for the purposes of section 125(1) of this constitution. any person appointed under subsection (5) to act as a justice of appeal shall, subject to the provisions of section 125(7) of this constitution, continue to act for the period of his appointment or, if no such period is specified, until his appointment is revoked by the king, acting in accordance with the advice of the judicial service commission after consultation with the president: provided that, notwithstanding the expiration of the period of his appointment or the revocation of his appointment, he may thereafter continue to act as a justice of appeal for so long as may be necessary to enable him to deliver judgement or to do any other thing in relation to proceedings that were commenced before him previously thereto. 125. tenure of office of appointed judges of court of appeal subject to the provisions of this section, a person holding the office of an appointed judge of the court of appeal shall vacate that office when he attains the prescribed age. notwithstanding that he has attained the age prescribed for the purposes of subsection (1), an appointed judge may continue in office for so long after attaining that age as may be necessary to enable him to deliver judgement or to do any other thing in relation to proceedings that were commenced before him before he attained that age. an appointed judge may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. an appointed judge shall be removed from office by the king if the question of his removal has been referred by the king to a tribunal appointed under subsection (5) and the tribunal has advised the king that the appointed judge ought to be removed from office for inability as aforesaid or for misbehaviour. if the prime minister or, in the case of a justice of appeal, the president represents to the king that the question of removing an appointed judge under this section ought to be investigated, then-the king shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected in accordance with the provisions of subsection (6) from among persons who hold or have held high judicial office; the tribunal shall enquire into the matter and report on the facts thereof to the king and advise the king whether the appointed judge ought to be removed from office under this section for inability as aforesaid or for misbehaviour. when the question of removing the president is to be investigated, the members of the tribunal shall be selected by the prime minister and, when the question of removing a justice of appeal is to be investigated, the members of the tribunal shall be selected by the president. if the question of removing an appointed judge from office has been referred to a tribunal under subsection (5), the king, acting in accordance with the advice of the prime minister in the case of the president and in accordance with the advice of the president in the case of justice of appeal, may suspend the appointed judge from the exercise of the functions of his office and any such suspension may at any time be revoked by the king, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal advises the king that the appointed judge should not be removed from office. the prescribed age for the purposes of subsection (1) is the age of seventy-five years or such other age as may be prescribed by parliament: provided that-a person may be appointed as justice of appeal for a fixed period of three years notwithstanding that he has attained the age referred to in this subsection or that he will before the expiry of his appointment have attained that age; and an act of parliament, to the extent to which it alters the prescribed age after the appointment of a person to be a justice of appeal, shall not have effect in relation to that person unless he consents that it should have effect. in this section and section 126 the expression "appointed judge of the court of appeal" and the expression "appointed judge" mean a person appointed under section 124(1) or, as the case may be, section 124(2) of this constitution. 126. oath by judges of court of appeal before entering upon the duties of his office, an appointed judge of the court of appeal shall take and subscribe such oath for the due execution of his office as may be prescribed by parliament. part 4. subordinate courts, courts-martial and tribunals 127. establishment of other courts and tribunals parliament may establish courts subordinate to the high court, courts-martial and tribunals, and any such court or tribunal shall, subject to the provisions of this constitution, have such jurisdiction and powers as may be conferred on it by or under any law. 128. reference to high court in cases in subordinate courts etc. involving interpretation of constitution where any question as to the interpretation of this constitution arises in any proceedings in any subordinate court or tribunal and the court or tribunal is of the opinion that the question involves a substantial question of law, the court or tribunal may, and shall, if any party to the proceedings so requests, refer the question to the high court. where any question is referred to the high court in pursuance of this section, the high court shall give its decision upon the question and the court or tribunal in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal under section 129 of this constitution, in accordance with the decision of the court of appeal. part 5. appeals and rules 129. appeals to the court of appeal in addition to the right of appeal accorded by section 47 of this constitution, an appeal shall lie as of right to the court of appeal from decisions of the high court in the following cases, that is to say: subject to section 69 of this constitution, final decisions in any civil or criminal proceedings on questions as to the interpretation of this constitution, including any such decision made on a reference to the high court under section 128; final decisions of the high court in the determination of any question in respect of which a right of access to the high court is guaranteed by section 17 of this constitution and final decisions of the high court under section 22 of this constitution. subject to section 69 of this constitution, the court of appeal shall have such other jurisdiction with regard to appeals as shall be determined by parliament. the court of appeal shall, when determining any matter other than an interlocutory matter, be composed of an uneven number of judges, not being less than three. 130. appeals to the high court in addition to the supervisory jurisdiction and jurisdiction on a reference conferred on the high court by this constitution, the high court shall have such jurisdiction with regard to appeals from decisions of any subordinate court, court-martial or tribunal as may be conferred by parliament. 131. rules of court without prejudice to any other provision of this constitution for the making of rules regulating the practice and procedure of any court-the chief justice may make rules for regulating the practice and procedure of the high court; and the president may make rules for regulating the practice and procedure of the court of appeal in relation to appeals to the court (including the practice and procedure of any court from which such appeals are brought) whether before or after final judgement in the court of appeal: provided that no rule which may involve an increase in the expenses of a court shall be made except with the concurrence of the minister for the time being responsible for finance, but the validity of a rule shall not in any proceedings in any court be called in question either by the court or by any party to the proceedings on the ground only that it was a rule in which the concurrence of the minister was necessary and that he did not concur or is not expressed to have concurred in the making thereof. part 6. judicial service commission 132. judicial service commission there shall be a judicial service commission which shall consist of-the chief justice, as chairman; the attorney-general; the chairman of the public service commission or some other member of that commission designated by the chairman thereof; and a member appointed from amongst persons who hold or have held high judicial office who shall be appointed by the king acting in accordance with the advice of the chief justice and is hereinafter referred to as the appointed member. subject to the provisions of this section, the office of the appointed member of the commission shall become vacant at the expiration of five years from the date of his appointment. the appointed member of the commission may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. the appointed member of the commission shall be removed from office by the king if the question of his removal from office has been referred to a tribunal appointed under subsection (5) and the tribunal has recommended to the king that he ought to be removed from office for inability as aforesaid or for misbehaviour. if the chairman of the commission represents to the king that the question of removing the appointed member of the commission under this section ought to be investigated, then-the king shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the chairman of the commission from among persons who hold or have held high judicial office; and the tribunal shall enquire into the matter and report on the facts thereof to the king and recommend to him whether the appointed member ought to be removed under this section. if the question of removing the appointed member of the commission has been referred to a tribunal under this section, the king, acting in accordance with the advice of the chairman of the commission, may suspend that member from the exercise of the functions of his office and any such suspension may at any time be revoked by the king, acting in accordance with such advice as aforesaid and shall in any case cease to have effect if the tribunal recommends to the king that member should not be removed. if the office of the appointed member of the commission is vacant or if the person holding that office is for any reason unable to exercise the functions of his office, the king, acting in accordance with the advice of the chief justice, may appoint a person who is qualified to be the appointed member to act as that member, and any person so appointed shall, subject to the provisions of subsection (2), continue to act until the office in which he is acting is filled or, as the case may be, until the holder thereof resumes his functions or until his appointment to act is revoked by the king acting in accordance with the advice of the chief justice. in the exercise of its functions under this constitution, the commission shall not be subject to the direction or control of any other person or authority. the commission may by regulation or otherwise regulate its own procedure and, with the consent of the prime minister, may confer powers or impose duties on any public officer or on any authority of the government of lesotho for the purpose of the discharge of its functions. the commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member, and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings: provided that any decision of the commission shall require the concurrence of a majority of all the members thereof. the secretary to the commission shall be the registrar of the high court. 133. appointment, etc. of judicial officers the power to appoint persons to hold or act in any offices to which this section applies (including the power to confirm appointments), the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the judicial service commission. the judicial service commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its powers under subsection (1) to any one or more of its members or to any judge of the high court or to any person holding or acting in an office to which this section applies. the offices to which this section applies are-the office of registrar or assistant registrar of the high court or registrar or assistant registrar of the court of appeal; the office of magistrate; the office of member of any subordinate court; or such other offices connected with any court as may be prescribed by or under an act of parliament. save in so far as parliament otherwise provides, references in this section to a member of any court shall not be construed as including references to an assessor whose functions are advisory or consultative only. in this section references to a court do not include references to a court-martial or tribunal. chapter xia. human rights commission 133a. establishment of the human rights commission there is established a human rights commission (in this chapter referred to as â��the commissionâ��) which shall be independent and free from interference and subject only to this constitution and any other law. 133b. composition the commission shall consist of the chairman and two other members who shall be appointed by the king acting in accordance with the advice of the prime minister. 133c. qualification for appointment a person shall not be qualified to be appointed a member of the commission if he is a public officer, and the prime minister shall not advise the king to appoint a person as a member unless he or she is satisfied that the person â�� has extensive experience in human rights and related disciplines; is of high moral character and integrity and possesses such qualities of mind as to enable him to discharge his duties impartially, fairly and free from bias or prejudice; and does not take an active part in, or has retired from, the party politics or political party activity. 133d. tenure of office subject to the provisions of this section, the office of a member of the commission shall become vacant â�� at the expiration of seven years, in the case of the chairman and five years in the case of other commissioners, from the date of his appointment; or if he becomes a public officer; or if he becomes a member of either house of parliament, a local authority, a candidate for election to parliament or a local authority, or an officer of a political party. 133e. removal from office a member of the commission may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) incompetence in the performance of the functions of his office or misbehaviour (including failure to discharge his duties in a fair manner free from prejudice) and shall not be removed except in accordance with this section. a member of the commission shall be removed from office by the king if the question of his removal from office has been referred to a tribunal appointed under subsection (3) and the tribunal has recommended to the king that he ought to be removed from office for inability, incompetence or misbehaviour. if the judicial service commission, in the case of either the chairman of the commission or any other member, represents to the king that the question of removing a member of the commission under this section ought to be investigated, then â�� the king shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the prime minister from among persons who hold or have held high judicial office; and the tribunal shall enquire into the matter and report on the facts of the enquiry to the king and recommend to him whether the member ought to be removed under this section. if the question of removing a member of the commission has been referred to a tribunal under this section, the king, acting in accordance with the advice of the prime minister, may suspend that member from the exercise of the functions of his office and any such suspension may, at any time, be revoked by the king, acting in accordance with such advice as prime minister and shall in any case cease to have effect in the tribunal recommends to the king that the member should not be removed. 133f. functions of the commission the commission shall perform the following functions â�� monitor the state of human rights throughout lesotho; monitor the human rights situation of detainees; investigate violations of human rights and, if necessary, be responsible for instituting proceedings against such violation in the courts of law; sensitise the public on its work, the nature and meaning of human rights; develop and deliver education and training programmes as necessary to the general public; submit opinions, recommendations, propositions and reports to public institutions on human rights issues, using the media and other means; advocate for ratification, and recommend the domestication of international and regional human rights instruments; promote and monitor the harmonisation of national laws and practices with international and regional human rights instruments ratified by lesotho; develop and maintain working relations with organisations and representatives of civil society in lesotho; work in cooperation with the united nations, regional mechanisms, national human rights institutions of other countries, in the areas of the promotion and protection of human rights, and undertake any other activities or responsibilities that are consistent with the spirit of the promotion and protection of human rights. 133g. assistance to the commission the government shall accord such assistance as the commission may require to enable it to protect its independence, dignity and effectiveness, subject to this constitution and any other law. 133h. annual report of the commission the commission shall prepare, submit and present an annual report of its activities to parliament. if it considers it necessary, in case of an urgent and specific issue, the commission may submit a special report to parliament at any time, which will be treated by parliament in the same manner as an annual report.â�� chapter xii. the ombudsman 134. the ombudsman there shall be an ombudsman who shall be appointed, subject to the provisions of subsection (2), by the king acting in accordance with the advice of the prime minister for a term not exceeding four years. a person holding the office of ombudsman may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be removed except in accordance with the provisions of subsection (3). section 142(5) to (7) shall apply to the office of ombudsman as it applies to the office of auditor-general. 135. functions of ombudsman the ombudsman may-investigate action taken by any officer or authority referred to in subsection (2) in the exercise of the administrative functions of that officer or authority in cases where it is alleged that a person has suffered injustice in consequence of that action; and perform such other duties and exercise such other powers as may be conferred on him by an act of parliament. subject to such exceptions and conditions as may be prescribed by parliament, the provisions of subsection (1)(a) shall apply in respect of any action taken by the following officers and authorities: any department of government or any member of such a department; any local government authority and the members and officers of a local government authority; any statutory corporation and the members and persons in the service of a statutory corporation. the ombudsman shall make a written report of every investigation undertaken by him which-shall include a statement of the action if any, taken by the officer or authority concerned as a consequence of such investigation; and may include a recommendation as to what remedial action, including the payment of compensation, should be taken, and the ombudsman shall submit annually to parliament a summary of such reports. in the exercise of his functions under this section, the ombudsman shall not be subject to the directions or control of any other person or authority. parliament may make provision for the exercise of the functions of the ombudsman (including the circumstances in which, and the times within which, a complaint may be made to the ombudsman) and, without prejudice to the generality of the foregoing, the officers and authorities whose actions are not subject to investigation by him. chapter xiii. the public service 136. public service commission there shall be a public service commission which shall consist of a chairman and not less than two nor more than four other members, who shall be appointed by the king, acting in accordance with the advice of the judicial service commission. a person shall not be qualified to be appointed a member of the commission if he is a public officer and the judicial service commission shall not advise the king to appoint any person as a member unless it is satisfied that such person-is a person of integrity; possesses experience in administrative and public affairs and such other qualities of mind as to enable him to discharge his duties in a fair manner free from bias or prejudice; does not take an active part in politics or in political activity. a member of the commission shall not, within the period of three years commencing with the day on which he last held or acted in the office of member of the commission, be eligible for appointment to or to act in any public office. subject to the provisions of this section, the office of a member of the commission shall become vacant-at the expiration of five years from the date of his appointment; or if he becomes a public officer; or if he becomes a member of either house of parliament or a local authority or a candidate for election to parliament or a local authority, or an officer of a political party. a member of the commission may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour (including failure to discharge his duties in a fair manner free from prejudice) and shall not be removed except in accordance with this section. a member of the commission shall be removed from office by the king if the question of his removal from office has been referred to a tribunal appointed under subsection (7) and the tribunal has recommended to the king that he ought to be removed from office for inability or for misbehaviour. if the prime minister in the case of the chairman of the commission or the chairman in the case of any other member represents to the king that the question of removing a member of the commission under this section ought to be investigated, then-the king shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the chief justice from among persons who hold or have held high judicial office; and the tribunal shall enquire into the matter and report on the facts thereof to the king and recommend to him whether the member ought to be removed under this section. if the question of removing a member of the commission has been referred to a tribunal under this section, the king, acting in accordance with the advice of the chief justice, may suspend that member from the exercise of the functions of his office and any such suspension may at any time be revoked by the king, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the king that that member should not be removed. if the office of chairman of the commission is vacant or if the person holding that office is for any reason unable to exercise the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be exercised by such one of the other members of the commission as may for the time being be designated in that behalf by the king, acting in accordance with the advice of the judicial service commission. if at any time there are less than two members of the commission besides the chairman or if any such member is appointed to act as chairman or is for any reason unable to exercise the functions of his office, the king, acting in accordance with the advice of the judicial service commission, may appoint a person who is qualified to be appointed as a member of the commission to act as a member, and any person so appointed shall, subject to the provisions of subsection (4), continue to act until the office in which he is acting has been filled or, as the case may be, until the holder thereof has resumed his functions or until his appointment to act has been revoked by the king, acting in accordance with the advice of the judicial service commission. the commission shall, in the exercise of its functions under this constitution, not be subject to the direction or control of any other person or authority. the commission may by regulation or otherwise regulate its own procedure and, with the consent of the prime minister, may confer powers or impose duties on any public officer or on any authority of the government of lesotho for the purpose of the discharge of its functions. the commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings: provided that any decision of the commission shall require the concurrence of a majority of its members. 137. appointment, etc. of public officers subject to the provisions of this constitution, the power to appoint persons to hold or act in offices in the public service (including the power to confirm appointments), and the power to terminate appointments of such persons, save the power to disipline and terminate the appointment of suh persons for disciplinary reasons, is vested in the public service commission. subject to the provisions of this chapter, the public service commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its powers under subsection (1) to any one or more members of the commission or, with the consent of the prime minister, to any public officer. the provisions of this section shall not apply in relation to the following offices, that is to say-the office of a judge of the court of appeal or of the high court, the office of the attorney-general, the office of auditor-general and the office of ombudsman; [deleted by act no. 7 of 1997] except in relation to appointments thereto or to act therein, the office of director of public prosecutions; so far only as concerns appointments thereto or to act therein, the office of principal secretary, and the office of government secretary; any office to which section 133 of this constitution (which relates to offices within the jurisdiction of the judicial service commission) applies; any office the power to make appointments to which is vested in a teaching service commission established in accordance with section 144 of this constitution; the office of ambassador, high commissioner or other principal representative of lesotho in any other country; and the office of commander of the defence force and offices of members of the defence force, the office of commissioner of police and offices of members of the police force, the office of the director of the national security service and offices of members of the national security service, and the office of director of prisons and offices of members of the prison service. no person shall be appointed under this section to or to act in any office on the king's personal staff except with the concurrence of the king. before any of the powers conferred by this section in relation to the clerk of a house of parliament or a member of his staff are exercised by the public service commission or any other person or authority, the commission or that person or authority shall consult with the president or speaker of that house. before the public service commission or any other person or authority exercises its powers under this section to appoint to or to act in any public office any person who holds or is acting in any office the power to make appointments to which is vested by or under this constitution in the judicial service commission or the teaching service commission, the public service commission or that person or authority shall consult with the judicial service commission or the teaching service commission, as the case may be. a public officer shall not be removed from office or subjected to any other punishment under this section on the grounds of any act done or omitted by him in the exercise of a judicial function conferred on him unless the judicial service commission concurs therein. [repealed by act no. 7 of 1997] 139. principal secretaries and government secretary the power to appoint a person to hold or act in any office to which this section applies shall vest in the prime minister, acting after consultation with the public service commission: provided that the power to appoint a person to hold or act in any such office upon transfer from another such office carrying the same emoluments shall vest in the prime minister. the offices to which this section applies are the office of any principal secretary and the office of the government secretary. 140. attorney-general the power to appoint a person to hold or act in the office of attorney-general shall vest in the king, acting in accordance with the advice of the prime minister. 2 a person shall not be qualified to be appointed to hold or act in the office of attorney-general unless he holds one of the specified qualifications and has held one or other of those qualifications for a total period of not less than five years. in this subsection "the specified qualifications" means the professional qualifications specified by the legal practitioners act 1983 or by or under any law amending or replacing that act, one of which must be held by any person before he may apply under that act, or under any such law, to be admitted as a legal practitioner in lesotho. if the office of attorney-general is vacant or if the attorney-general is for any reason unable to exercise the functions of his office, a person qualified for appointment to that office may be appointed to act therein, and any person so appointed shall, subject to the provisions of subsections (4), (6) and (8), continue to act until a person has been appointed to the office of attorney-general and has assumed the functions of that office or, as the case may be, until the person in whose place he is acting has resumed those functions. subject to the provisions of subsection (6), the attorney-general shall vacate his office when he attains the prescribed age. a person holding the office of attorney-general may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. the attorney-general shall be removed from office by the king if the question of his removal from office has been referred to a tribunal appointed under subsection (7) and the tribunal has recommended to the king that he ought to be removed for inability as aforesaid or for misbehaviour. if the prime minister represents to the king that the question of removing the attorney-general under this section ought to be investigated, then-the king shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the chief justice from among persons who hold or have held high judicial office; and the tribunal shall enquire into the matter and report on the facts thereof to the king and recommend to him whether the attorney-general ought to be removed under this section. if the question of removing the attorney-general has been referred to a tribunal under this section, the king, acting in accordance with the advice of the prime minister, may suspend the attorney-general from the exercise of the functions of his office and any such suspension may at any time be revoked by the king, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the king that the attorney-general should not be removed. the prescribed age for the purposes of subsection (4) is the age of fifty-five years or such other age as may be prescribed by parliament: provided that an act of parliament, to the extent to which it alters the prescribed age after the appointment of a person to be or to act as attorney-general, shall not have effect in relation to that person unless he consents that it should have effect. 141. director of public prosecutions 1 a person shall not be qualified to be appointed to hold the office of director of public prosecutions unless he holds one of the specified qualifications and has held one or other of those qualifications for a total period of not less than five years. in this subsection "the specified qualifications" means the professional qualifications specified by the legal practitioners act 1983, or by or under any law amending or replacing that act, one of which must be held by any person before he may apply under that act, or under any such law, to be admitted as a legal practitioner in lesotho. if the office of director of public prosecutions is vacant or if the director of public prosecutions is for any reason unable to exercise the functions of his office, a person qualified for appointment to that office may be appointed to act therein, and any person so appointed shall, subject to the provisions of subsections (3), (5) and (7), continue to act until a person has been appointed to the office of director of public prosecutions and has assumed the functions of that office or, as the case may be, until the person in whose place he is acting has resumed those functions. subject to the provisions of subsection (5), the director of public prosecutions shall vacate his office when he attains the prescribed age. a person holding the office of director of public prosecutions may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. the director of public prosecutions shall be removed from office by the king if the question of his removal from office has been referred to a tribunal appointed under subsection (6) and the tribunal has recommended to the king that he ought to be removed for inability as aforesaid or for misbehaviour. if the prime minister or the chairman of the public service commission represents to the king that the question of removing the director of public prosecutions under this section ought to be investigated, then-the king shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the chief justice from among persons who hold or have held high judicial office; and the tribunal shall enquire into the matter and report on the facts thereof to the king and recommend to him whether the director of public prosecutions ought to be removed under this section. if the question of removing the director of public prosecutions has been referred to a tribunal under this section, the king, acting in accordance with the advice of the public service commission, may suspend the director of public prosecutions from the exercise of the functions of his office and any such suspension may at any time be revoked by the king, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the king that the director of public prosecutions should not be removed. the prescribed age for the purposes of subsection (3) is the age of fifty-five years or such other age as may be prescribed by parliament: provided that an act of parliament, to the extent to which it alters the prescribed age after the appointment of a person to be or to act as director of public prosecutions, shall not have effect in relation to that person unless he consents that it should have effect. 142. auditor-general the power to appoint a person to hold or act in the office of auditor-general shall vest in the king, acting in accordance with the advice of the prime minister. if the office of auditor-general is vacant or if the auditor-general is for any reason unable to exercise the functions of his office, a person may be appointed to act as auditor-general, and any person so appointed shall, subject to the provisions of subsections (3), (5) and (7), continue to act until a person has been appointed to the office of auditor-general and has assumed the functions of that office or, as the case may be, until the person in whose place he is acting has resumed those functions. subject to the provisions of subsection (5), the auditor-general shall vacate his office when he attains the prescribed age. a person holding the office of auditor-general may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. the auditor-general shall be removed from office by the king if the question of his removal from office has been referred to a tribunal appointed under subsection (6) and the tribunal has recommended to the king that he ought to be removed for inability as aforesaid or for misbehaviour. if the prime minister represents to the king that the question of removing the auditor-general under this section ought to be investigated, then-the king shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the chief justice from among persons who hold or have held high judicial office; and the tribunal shall enquire into the matter and report on the facts thereof to the king and recommend to him whether the auditor-general ought to be removed under this section. if the question of removing the auditor-general has been referred to a tribunal under this section, the king, acting in accordance with the advice of the prime minister, may suspend the auditor-general from the exercise of the functions of his office and any such suspension may at any time be revoked by the king, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the king that the auditor-general should not be removed. the prescribed age for the purposes of subsection (3) is the age of fifty-five years or such other age as may be prescribed by parliament: provided that an act of parliament to the extent to which it alters the prescribed age after the appointment of a person to be or to act as auditor-general, shall not have effect in relation to that person unless he consents that it should have effect. 143. principal representatives of lesotho abroad the power to appoint persons to hold or act in offices to which this section applies and to remove from office persons holding or acting in such offices shall vest in the king, acting in accordance with the advice of the prime minister. before tendering advice for the purposes of this section in relation to any person who holds any office in the public service, other than an office to which this section applies, the prime minister shall consult the public service commission. the offices to which this section applies are the offices of ambassador, high commissioner or other principal representative of lesotho in any other country. 144. teaching service there shall be a teaching service, the functions of which shall be as prescribed by an act of parliament. there shall be a teaching service commission, the composition, powers, duties and procedure of which shall be as prescribed by an act of parliament. 145. defence force there shall be a defence force for the defence of lesotho. the prime minister shall have power to determine the operational use of the defence force. subject to the provisions of subsection (2) and any act of parliament, the command of the defence force shall be vested in the commander of the defence force. the power to appoint a person to hold or act in the office of the commander of the defence force and the power to remove him from that office shall vest in the king acting on the advice of the prime minister, as may be prescribed by an act of parliament. the person holding the office of the commander of the defence force on the da immediately preceding the date of coming into operation of this act shall, as from that date, continue to hold such office, under the same terms and conditions, as if he had been appointed to do so in accordance with the provisions of this act: provided that any person who under any existing law would have been required to vacate his office at the expiration of any period shall vacate his office at the expiration of that period. an act of parliament shall make provision for the organisation, administration and discipline of the defence force including the appointment of persons to offices or rank in the defence force, the removal from office or reduction in rank, their punishment for breaches of discipline and the fixing of their conditions of service. 146. courts-martial appeal court there shall be a courts-martial appeal court which shall have such jurisdiction and powers as may be conferred on it by any other law. the members of the courts-martial appeal court shall consist ofthe president who shall be a judge; a judge; and a retired army officer with legal experience. the courts-martial appeal court shall be a superior court of record. the power of appointing persons to the court-martial appeal court shall vest in the prime minister acting in consultation with the chief justice. 147. police service there shall be a police service for lesotho that shall be responsible for the maintenance of law and order in lesotho. the command of the police service shall be vested in the commissioner of police and subject to any direction of the minister, the commissioner shall be responsible for the administration and discipline of the police service. the power to appoint a person to hold or act in the office of the commissioner of police and the power to remove him from that office shall vest in the king, acting on the advice of the prime minister, as may be prescribed by an act of parliament. the person holding the office of the commissioner of police on the day immediately preceding the date of coming into operation of this act shall, as from that date, continue to hold such office, under the same terms and conditions, as if he had been appointed to do so in accordance with the provisions of this act: provided that any person who under any existing law would have been required to vacate his office at the expiration of any period shall vacate his office at the expiration of that period. an act of parliament shall make provision for the organisation, administration and discipline of the police service including the appointment of persons to offices or ranks i the police service, the removal from office or reduction in rank, their punishment for breaches of discipline and the fixing of their conditions of service. 148. national security service there shall be a national security service that shall be responsible for the protection of national security. the command of the national security service shall be vested in the director-general of the national security service who shall be responsible for the administration and discipline of the national security service. the power to appoint a person to hold or act in the office of director-general of the national security service and the power to remove him from that office shall vest in the prime minister. 149. lesotho correctional service there shall be a lesotho correctional service that shall be responsible for the administration of prisons in lesotho. the superintendence of the lesotho correctional service shall be vested in the commissioner of correctional service and, subject to any direction of the minister, the commissioner of correctional service shall be responsible for the administration and discipline of the lesotho correctional service. the power to appoint a person to hold or act in the office of the commissioner of correctional service and the power to remove him from that office shall vest in the prime minister, as may be prescribed by an act of parliament. the person holding the office of the commissioner of correctional service on the day immediately preceding the date of coming into operation of this act shall, as from that date, continue to hold such office, under the same terms and conditions, as if he had been appointed to do so in accordance with the provisions of this act. provided that any person who under any existing law would have been required to vacate his office at the expiration of any period shall vacate his office at the expiration of that period. an act of parliament shall make provision for the organisation, administration and discipline of the lesotho correctional service including the appointment of persons to offices or rank in the lesotho correctional service, the removal from office or reduction in rank, their punishment for breaches of discipline and the fixing of their conditions of service. 150. pensions laws and protection of pension rights the law to be applied with respect to any pensions benefits that were granted to any person before the coming into operation of this constitution shall be the law that was in force at the date on which those benefits were granted or any law in force at a later date that is not less favourable to that person. the law to be applied with respect to any pensions benefits (not being benefits to which subsection (1) applies) shall-in so far as those benefits are wholly in respect of a period of service as a public officer that commenced before the date on which this constitution came into operation, be the law that was in force immediately before that date; and in so far as those benefits are wholly or partly in respect of a period of service as a public officer that commenced after the date on which this constitution came into operation, be the law in force on the date on which that period of service commenced, or be any law in force at a later date that is not less favourable to that person. where a person is entitled to exercise an option as to which of two or more laws shall apply in his case, the law for which he opts shall, for the purposes of this section, be deemed to be more favourable to him than the other law or laws. all pensions benefits shall be a charge on the consolidated fund. in this section "pensions benefits" means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as public officers or for the widows, children, dependants or personal representatives of such persons in respect of such service. references in this section to the law with respect to pensions benefits include (without prejudice to their generality) references to the law regulating the circumstances in which any such benefits that have been granted may be withheld, reduced in amount or suspended and the law regulating the amount of any such benefits. 151. power to withhold pensions, etc where under any law any person or authority has a discretion-to decide whether or not any pensions benefits shall be granted; or to withhold, reduce in amount or suspend any such benefits that have been granted, those benefits shall be granted and may not be withheld, reduced in amount or suspended unless the public service commission concurs in the refusal to grant the benefits or, as the case may be, in the decision to withhold them, reduce them in amount or suspend them. where the amount of any pensions benefits that may be granted to any person is not fixed by law, the amount of the benefits to be granted to him shall be the greatest amount for which he is eligible unless the public service commission concurs in his being granted benefits of a smaller amount. the public service commission shall not concur under subsection (1) or (2) in any action taken on the ground that any person who holds or has held the office of judge of the court of appeal, judge of the high court, attorney-general, director of public prosecutions, auditor-general or ombudsman has been guilty of misbehaviour in that office unless he has been removed from that office by reason of such misbehaviour. before the public service commission concurs under subsection (1) or (2) in any action taken on the ground that any person who holds or has held any office to which, at the time of such action, section 133 of this constitution applies has been guilty of misbehaviour in that office, the public service commission shall consult the judicial service commission. in this section "pensions benefits" means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as public officers or for the widows, children, dependants or personal representatives of such persons in respect of such service. chapter xiv. miscellaneous 152. resignations any person who is appointed, elected or otherwise selected to any office established by this constitution or any office of minister or deputy minister established under this constitution may resign from that office by writing under his hand addressed to the person or authority by whom he was appointed, elected or otherwise selected: provided that-the resignation of a person from the office of president or speaker or vice-president or deputy speaker of either house of parliament shall be addressed to that house; and the resignation of any person from the office of member of either house of parliament shall be addressed to the president or speaker of that house. the resignation of any person from any such office as aforesaid shall take effect when the writing signifying the resignation is received by the person or authority to whom it is addressed or any person authorised by that person or authority to receive it. 153. re-appointments and concurrent appointments where any person has vacated any office established by this constitution or any office of minister or deputy minister established under this constitution, he may, if qualified, again be appointed, elected or otherwise selected to hold that office in accordance with the provisions of this constitution. where this constitution vests in any person or authority the power to make any appointment to any office, a person may be appointed to that office, notwithstanding that some other person may be holding that office, when that other person is on leave of absence pending the relinquishment of the office; and where two or more persons are holding the same office by reason of an appointment made in pursuance of this subsection, then, for the purposes of any functions conferred upon the holder of that office, the person last appointed shall be deemed to be the sole holder of the office. 154. interpretation in this constitution, unless the context otherwise requires: "chief" does not include the king but includes principal chief, and headman and any other chief whose office is recognised by section 103(1) of this constitution, and references to a chief are references to the person who, under the law for the time being in force in that behalf, is recognised as entitled to exercise the functions of the office of that chief; "commonwealth" means lesotho and any country recognised by the commonwealth secretariat situated in london as a member of the commonwealth and any dependency of any such country; "court-martial" means any court-martial established by parliament under section 127 of this constitution; "customary law" means the customary law of lesotho for the time being in force subject to any modification or other provision made in respect thereof by any act of parliament; "financial year" means the period of twelve months ending on 31st march in any year or on such other day as parliament may prescribe; "high judicial office" means the office of a judge of a court of unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or in any country outside the commonwealth that may be prescribed by parliament or the office of a judge of a court having jurisdiction in appeals from such a court; "gazette" means the lesotho government gazette; "law includes-any instrument having the force of law made in exercise of a power conferred by a law; and the customary law of lesotho and any other unwritten rule of law and "lawful" and "lawfully" shall be construed accordingly; "local authority" means a person or body of persons established by law, responsible for the administration of local government or of local affairs, and shall include a chief; "oath" includes affirmation; "oath of allegiance" means the oath of allegiance set out in schedule 3 to this constitution or such other oath as may be prescribed by parliament; "principal chief" means a chief whose office is among those set out in schedule 2 to this constitution; "public office" means any office of emolument in the public service; "public officer" means a person holding or acting in any public office; "public service" means, subject to the provisions of this section, the service of the king in respect of the government of lesotho; "session" means the period beginning when the two houses of parliament first meet after the coming into operation of this constitution or after parliament has at any time been prorogued or dissolved and ending when parliament is prorogued or when parliament is dissolved without having been prorogued; "sitting" means, in relation to a house of parliament, the period during which that house is sitting continuously without adjournment and includes any period during which it is in committee; "subordinate court" means any court of law established for lesotho other than-the court of appeal; the high court; a court-martial; and a tribunal exercising a judicial function. unless otherwise indicated, any reference in this constitution to-a section, chapter or schedule shall be read and construed as a reference to a section or chapter of or schedule to this constitution; a subsection shall be read and construed as a reference to a subsection of the section in which the reference is made; a paragraph shall be read and construed as a reference to a paragraph of the schedule, subsection or definition in which the reference is made. in this constitution, unless the context otherwise requires, references to an office in the public service shall be construed as including references to the office of a judge of court of appeal, of a judge of the high court and the office of a member of any subordinate court or tribunal (being an office the emoluments attaching to which, or any part of the emoluments attaching to which, are paid directly out of the monies provided by parliament) but shall not be construed as including references to the office of assessor in any court. in this constitution references to a public office shall not be construed as including-references to the office of king, the regent, the president or speaker or the vice-president or deputy speaker of either house of parliament, the prime minister or any other minister, a deputy minister or a member of either house of parliament; or references to the office of a member of the public service commission or the judicial service commission, a member of the council of state, a chief or a member of the college of chiefs; or save in so far as may be provided by parliament, references to the office of a member of any other council, board, panel, committee or other similar body (whether incorporated or not) established by or under any law. in this constitution unless the context otherwise requires, words and expressions importing the masculine gender include the feminine; words and expressions in the singular include the plural and words and expressions in the plural include the singular; where a period of time is expressed-to begin on or to be reckoned from a particular day, that day shall not be included in the period; to end or to be reckoned to a particular day, that day shall be included in the period; where the time limited for the doing of any thing expires or falls upon a saturday, sunday or public holiday the time so limited shall extend to and the thing may be done on the first following day that is not a saturday, sunday or public holiday. 155. construction of constitution for the purposes of this constitution, a person shall not be regarded as holding an office by reason only of the fact that he is in receipt of a pension or other like allowance. in this constitution, unless the context otherwise requires, a reference to the holder of an office by the term designating his office shall be construed as including, to the extent of his authority, a reference to any person for the time being authorised to exercise the functions of that office. except in the case where this constitution provides for the holder of any office thereunder to be such person holding or acting in any other office as may for the time being be designated in that behalf by some specified person or authority, no person may, without his consent, be nominated for election to any such office or be appointed to or act therein or otherwise be selected therefor. references in this constitution to the power to remove a public officer from his office shall be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service: provided that-nothing in this subsection shall be construed as conferring on any person or authority the power to require a judge of the court of appeal or a judge of the high court or the attorney-general or director of public prosecutions or the ombudsman or the auditor-general to retire from the public service; and any power conferred by any law to permit a person to retire from the public service shall, in the case of any public officer who may be removed from office by some person or authority other than a commission established by this constitution, vest in the public service commission. any provision in this constitution that vests in any person or authority the power to remove any public officer from his office shall be without prejudice to the power of any person or authority to abolish any office or to any law providing for the compulsory retirement of public officers generally or any class of public officers on attaining an age specified by or under that law. where this constitution vests in any person or authority the power to appoint any person to act in or to exercise the functions of any office if the holder thereof (or any other person having a prior right to exercise those functions) is himself unable to exercise those functions, no such appointment shall be called in question on the ground that the holder of the office (or that other person) was not unable to exercise those functions. no provision of this constitution that any person or authority shall not be subject to the direction or control of any other person or authority in the exercise of any functions under this constitution shall be construed as precluding a court from exercising jurisdiction in relation to any question whether that person or authority has exercised those functions in accordance with this constitution or any other law. where, under any provision of this constitution, any person or authority is authorised or required to exercise any function after consultation with some other person or authority, the person or authority first referred to shall not be required to act in accordance with the advice of the other person or authority and the question whether such consultation was made shall not be enquired into in any court. any reference in this constitution to a law made before the day on which this constitution came into operation shall, unless the context otherwise requires, be construed as a reference to that law as it had effect immediately before that day. any reference in this constitution to a law that amends or replaces any other law or any provision of any other law shall be construed as including a reference to a law that modifies, re-enacts, with or without amendment or modification, suspends, repeals, adds new provisions to or makes different provision in lieu of that other law or that provision. save as otherwise provided, where under the provisions of this constitution a person is required to take and subscribe an oath, that person shall be permitted, if he so desires, to comply with that requirement by taking and subscribing an affirmation. chapter xv. transitional and temporary provisions 156. existing law and related matters subject to the provisions of this constitution, the existing laws shall continue in force and effect on and after the coming into operation of this constitution and shall then have effect as if they had been made in pursuance of this constitution, but they shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with this constitution. where any matter that falls to be prescribed or otherwise provided for under this constitution by parliament or by any other person or authority is prescribed or provided for by or under any of the existing laws (including any amendment to any such law made under this section), that prescription or provision shall, as from the coming into operation of this constitution, have effect (with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with this constitution) as if it had been made under this constitution by parliament or, as the case may be, by the other person or authority. the king, acting in accordance with the advice of the minister responsible for legal affairs, may by regulations made at any time within one year of the coming into operation of this constitution make such amendments to any existing law as may appear to him to be necessary or expedient for bringing that law into conformity with the provisions of this constitution or otherwise for giving effect or enabling effect to be given to those provisions. the provisions of this section shall be without prejudice to any powers conferred by this constitution or by any other law upon any person or authority to make provision for any matter, including the amendment or repeal of any existing law, and regulations made under this section may be amended or revoked by parliament or, in relation to any of the existing laws affected thereby, by any other authority having power to amend, repeal or revoke that existing law. in this chapter, "existing law" means any law or instrument having force and effect as part of the law of lesotho immediately before the coming into operation of this constitution (and includes any such law or instrument made before that day and promulgated or otherwise coming into operation on or after that day), but does not include any such law or instrument which is repealed, by this constitution or otherwise, on the coming into operation of this constitution. 157. the king and the regent the person holding the office of king under the office of king order 1990 immediately before the coming into operation of this constitution shall, subject to the provisions of this constitution, continue to hold that office and shall take and subscribe the oath for the due execution of his office which is set out in schedule 1 to this constitution. a person holding the office of regent under the office of king order 1990 immediately before the coming into operation of this constitution shall, subject to the provisions of this constitution, continue to hold that office and shall take and subscribe the oath for the due execution of his office which is set out in schedule 1 to this constitution. 158. prime minister on the coming into operation of this constitution, the person who is appointed prime minister designate in accordance with section 4 of the lesotho constitution (commencement) order 1993 shall, notwithstanding section 87(2), be deemed to have been appointed prime minister under section 87 of this constitution, and shall take and subscribe the oath provided for by section 94. 159. the assembly on the coming into operation of this constitution, the members of the national assembly elected in the general election held under the national assembly election order 1992 shall become members of the national assembly established by this constitution-notwithstanding sections 56, 67 and 74(2) of this constitution, until the first dissolution of the national assembly following the coming into operation of this constitution, lesotho shall be divided into 65 constituencies as provided by the national assembly election order 1992; the national assembly shall consist of 65 members; and the quorum of the national assembly shall be sixteen members. notwithstanding section 67(3), the electoral commission shall, as soon as practicable before the first dissolution of the national assembly following the commencement of this subsection, review the boundaries of the constituencies into which lesotho is divided in order to give effect to the provisions of section 67 and may, for the purpose of that review, take into account, modify or where necessary, repeal any review undertaken by the constituency delimitation commission in existence before the commencement of this subsection. 160. rules of procedure of parliament until rules are made by the senate and national assembly under section 81 of this constitution, the rules made by the senate and national assembly under section 66 of the independence constitution of 1966 shall have effect to regulate the procedure of parliament. 161. high court the high court of lesotho in existence immediately before the day on which this constitution comes into operation shall, as from that day, be the high court for the purposes of this constitution, and any proceedings pending before the high court of lesotho immediately before that day may be continued before the high court of lesotho as hereby constituted and any judgement or order of the former high court given, but not satisfied, before that day may be enforced accordingly. the provisions of section 163 of this constitution shall apply in relation to the offices of chief justice and judge of the high court, and any person who, by virtue of the provisions of this subsection, hold or acts in any such office as from the coming into operation of this constitution shall be deemed to have taken and subscribed any necessary oath under this constitution. 162. court of appeal the court of appeal for lesotho in existence immediately before the day on which this constitution comes into operation shall, as from that day, be the court of appeal for the purposes of this constitution and any proceedings pending before the court of appeal for lesotho immediately before that day may be continued before the court of appeal as hereby constituted and any judgement or order of the former court of appeal given, but not satisfied, before that day may be enforced accordingly. the provisions of section 163 of this constitution shall apply in relation to the offices of president and justices of appeal of the court of appeal and any person who, by virtue of the provisions of this subsection, holds or acts in any such office as from the coming into operation of this constitution shall be deemed to have taken and subscribed any necessary oath under the constitution. 163. existing public officers subject to subsection (2), every person who immediately before the day on which this constitution comes into operation holds or is acting in an office shall, as from that day, hold or act in that office or the corresponding office established by this constitution as if he had been appointed to do so in accordance with the provisions of the constitution: provided that any person who under any existing law would have been required to vacate his office at the expiration of any period shall vacate his office at the expiration of that period. the provisions of this section do not apply to a person who held or acted in any office established by a law repealed, by this constitution or otherwise, on the coming into operation of this constitution. 164. salaries charged on the consolidated fund where under any existing law or any arrangements in force immediately before the coming into operation of this constitution, provision is made for the salary and allowances of any person to whom section 163 applies and whose office is specified in section 115(5) such salary and allowances shall, until parliament makes further provision in that regard, be a charge on the consolidated fund. the minister responsible for finance may, by regulations, prescribe the salaries and allowances of the offices specified in section 115(5) other than those of a person to whom subsection (1) of this section applies, and such salaries and allowances shall, until parliament makes further provision in that regard, be a charge on the consolidated fund. 165. declaration of public emergency if, immediately before the coming into operation of this constitution, a declaration of emergency made under section 3 of the emergency powers order 1988 is in force, such declaration shall be deemed to be a declaration of a state of emergency made on the date on which this constitution comes into operation and the provisions of section 23 shall apply accordingly. 166. repeals the following enactments are hereby repealed-part ii of the lesotho citizenship order 1971; the human rights act 1983; sections 8 to 12 (inclusive), 15 and 24 of the finance order 1988; the judicial service commission act 1983. schedule 1. oath of office of king or regent (section 51) in the presence of almighty god and in the full realisation of the responsibilities and duties of the high office of king (regent) and of the binding nature and binding force of this oath, i, do swear that i will obey and observe the provisions of the constitution and all other laws of lesotho, that i will discharge my duties in such manner as to preserve the character of the monarchy as a symbol of the unity of the basotho nation, and that i will accordingly abstain from involving the monarchy in any way in politics, or with any political party or group. so help me god. sworn before me at on this the day of schedule 2. principal chiefs (section 103(1)) the principal chief of botha-bothe the principal chief of makhoakhoeng the principal chief of leribe the principal chief of tsikoane and kolbere the principal chief of ha 'm'amathe, thupa-kubu, tejatejaneng and jordan the principal chief of ha majara the principal chief of koeneng and mapoteng the principal chief of matsieng the principal chief of ha ramabanta and kubake the principal chief of rothe, masite, serooeng, lets'eng, kolo ha mohlalefi and thaba-tseka ha ntaote the principal chief of thaba-bosiu the principal chief of ha maama the principal chief of tebang, ts'akholo and ha seleso the principal chief of tajane, ha ramoetsana and ha mohale the principal chief of matelile the principal chief of likhoele the principal chief of phamong the principal chief of taung the principal chief of quthing the principal chief of qacha's nek the principal chief of mokhotlong the principal chief of malingoaneng schedule 3. oath or affirmation of allegiance (section 154) i, do swear (or solemnly affirm) that i will be faithful and bear true allegiance to king , his heirs and successors, according to this constitution and the laws of lesotho. so help me god. [to be omitted in affirmation] preamble we, the citizens of georgia whose firm will it is to establish a democratic social order, economic freedom, and a legal and a social state; to secure universally recognised human rights and freedoms; and to enhance state independence and peaceful relations with other peoples drawing on the centuries-old traditions of the statehood of the georgian nation and the historical and legal legacy of the constitution of georgia of 1921, proclaim this constitution before god and the nation. chapter one. general provisions article 1. state sovereignty georgia is an independent, unified and indivisible state as confirmed by the referendum of 31 march 1991 held in the entire territory of the country, including the autonomous soviet socialist republic of abkhazia and the former autonomous region of south ossetia, and by the act of restoration of state independence of georgia of 9 april 1991. the territory of the state of georgia was determined on 21 december 1991. the territorial integrity of georgia and the inviolability of the state border is confirmed by the constitution and laws of georgia, and recognised by the world community of nations and by international organisations. the alienation of the territory of the state of georgia shall be prohibited. the state border may be changed only by a bilateral agreement with a neighbouring state. article 2. state symbols 'georgia' is the name of the state of georgia. tbilisi is the capital of georgia. the official language of georgia shall be georgian, and, in the autonomous republic of abkhazia, also abkhazian. the official language is protected by the organic law. the state flag, the coat of arms, and the anthem of georgia are established by the organic law, which shall be revised in accordance with the procedure established for revising the constitution. article 3. democracy georgia is a democratic republic. people are the source of state authority. people exercise power through their representatives, as well as through referendums and other forms of direct democracy. no one shall have the right to seize power. the current term of a body elected in general elections shall not be extended or reduced by the constitution or law. political parties shall participate in the formation and exercise of the political will of the people. the activities of political parties shall be based on the principles of freedom, equality, transparency, and intra-party democracy. article 4. legal state georgia is a legal state. the state acknowledges and protects universally recognised human rights and freedoms as eternal and supreme human values. while exercising authority, the people and the state shall be bound by these rights and freedoms as directly applicable law. the constitution shall not deny other universally recognised human rights and freedoms that are not explicitly referred to herein, but that inherently derive from the principles of the constitution. state authority shall be exercised based on the principle of the separation of powers. state authority shall be exercised within the ambit of the constitution and law. the constitution of georgia shall be the supreme law of the state. general rules for the adoption and issuance of legislative and other normative acts, and their hierarchy, shall be determined by the organic law. the legislation of georgia shall comply with the universally recognised principles and norms of international law. an international treaty of georgia shall take precedence over domestic normative acts unless it comes into conflict with the constitution or the constitutional agreement of georgia. article 5. social state georgia is a social state. the state shall take care of strengthening the principles of social justice, social equality and social solidarity within society. the state shall take care of the equitable socio-economic and demographic development in the entire territory of the country. special conditions for the development of high mountain regions shall be determined by law. the state shall take care of human health care and social protection, ensuring the subsistence minimum and decent housing, and protecting the welfare of the family. the state shall promote the employment of citizens. conditions for providing the subsistence minimum shall be determined by law. the state shall take care of environmental protection and the rational use of natural resources. the state shall take care of the protection of national values, identity and cultural heritage, and of the development of education, science and culture. the state shall take care of the development of sports, establishing a healthy lifestyle, and engaging children and youth in physical education and sports. the state shall take care of maintaining and developing connections with the homeland for georgian compatriots residing abroad. article 6. economic freedom economic freedom is recognised and guaranteed. the state shall take care of developing a free and open economy, and free enterprise and competition. abolishing the universal right to private property shall be prohibited. article 7. basis of territorial arrangement the following shall fall within the exclusive competence of the supreme state authorities of georgia: legislation on human rights, georgian citizenship, migration, entry into and exit from the country, and the temporary or permanent stay of aliens and stateless persons in georgia; criminal, penitentiary, civil, intellectual property, administrative, labour and procedural legislation; legislation pertaining to land, minerals, and other natural resources; pharmaceutical legislation; legislation on obtaining the status of educational institution, and on accreditation, and academic degrees; and legislation on the national academy of sciences; foreign policy and international relations; foreign trade, customs and tariff regimes; state defence, military industry and arms trade; issues relating to war and truce; determining and introducing the legal regime of a state of emergency and martial law; the armed forces; courts and prosecution; state security; criminal police and investigation; the status, regime and protection of the state border; and a cordon sanitaire on the border; state finances and state loans; the printing and emission of money; and legislation on banking, credit, insurance, tax and trade of national significance; railways and motor roads of national significance; the integrated energy system and regime; communications; the status and protection of territorial waters, airspace, the continental shelf and the exclusive economic zone; aviation; the merchant fleet; ensigns; harbours of national significance; fishing in oceans and high seas; meteorology; environmental monitoring systems; standards and models; geodesy and cartography; determining the precise time; and state statistics. the powers of the autonomous republic of abkhazia and the autonomous republic of ajara, and procedures for exercising such powers shall be determined by the constitutional laws of georgia that are an integral part of the constitution of georgia. the state territorial arrangement of georgia shall be revised by a constitutional law of georgia on the basis of the principle of the separation of powers after the complete restoration of the jurisdiction of georgia over the entire territory of the country. the citizens of georgia shall regulate affairs of local importance through local self-government in accordance with the legislation of georgia. the separation of the powers of state authority and self-governing units is based on the principle of subsidiarity. the state ensures that the financial resources of self-governing units correspond with their powers as determined by the organic law. an exclusive economic zone shall be established in anaklia on the basis of the organic law, where a special legal regime shall apply. other exclusive economic zones with special legal regimes may also be established on the basis of the organic law. article 8. relationship between the state and the apostolic autocephalous orthodox church of georgia along with freedom of belief and religion, the state shall recognise the outstanding role of the apostolic autocephalous orthodox church of georgia in the history of georgia, and its independence from the state. the relationship between the state of georgia and the apostolic autocephalous orthodox church of georgia shall be determined by a constitutional agreement, which shall be in full compliance with the universally recognised principles and norms of international law in the area of human rights and freedoms. chapter two. fundamental human rights article 9. inviolability of human dignity human dignity shall be inviolable and shall be protected by the state. torture, inhuman or degrading treatment, and the use of inhuman or degrading punishment shall be prohibited. article 10. rights to life and physical integrity human life shall be protected. the death penalty shall be prohibited. the physical integrity of a person shall be protected. article 11. right to equality all persons are equal before the law. any discrimination on the grounds of race, colour, sex, origin, ethnicity, language, religion, political or other views, social affiliation, property or titular status, place of residence, or on any other grounds shall be prohibited. in accordance with universally recognised principles and norms of international law and the legislation of georgia, citizens of georgia, regardless of their ethnic and religious affiliation or language, shall have the right to maintain and develop their culture, and use their mother tongue in private and in public, without any discrimination. the state shall provide equal rights and opportunities for men and women. the state shall take special measures to ensure the essential equality of men and women and to eliminate inequality. the state shall create special conditions for persons with disabilities to exercise their rights and interests. article 12. right to free personal development everyone has the right to the free development of their personality. article 13. human liberty human liberty shall be protected. the deprivation or other restrictions of liberty shall only be permitted on the basis of a court decision. an official authorised by law may arrest a person in cases defined by law. an arrestee shall be brought before a court of competent jurisdiction no later than 48 hours after being arrested. if the court does not adjudicate upon detention or any other restriction of liberty within the next 24 hours, the person shall be released immediately. a person shall be informed of his/her rights and grounds for arrest immediately upon being arrested. a person may request the assistance of a lawyer immediately upon being arrested. this request must be satisfied. the detention period for an accused person shall not exceed 9 months. a violation of the requirements of this article shall be punished by law. a person whose liberty has been restricted unlawfully shall have the right to compensation. article 14. freedom of movement everyone lawfully staying in georgia shall have the right to move freely within the territory of the country, to choose a place of residence freely and to leave georgia freely. these rights may only be restricted in accordance with law, for ensuring national security or public safety, protecting health or administering justice, insofar as is necessary in a democratic society. a citizen of georgia shall be able to enter georgia freely. article 15. rights to personal and family privacy, personal space and privacy of communication personal and family life shall be inviolable. this right may be restricted only in accordance with law for ensuring national security or public safety, or for protecting the rights of others, insofar as is necessary in a democratic society. personal space and communication shall be inviolable. no one shall have the right to enter a place of residence or other possessions, or to conduct a search, against the will of the possessor. these rights may be restricted only in accordance with law for ensuring national security or public safety, or for protecting the rights of others, insofar as is necessary in a democratic society, based on a court decision or without a court decision in cases of urgent necessity provided for by law. in cases of urgent necessity, a court shall be notified of the restriction of the right no later than 24 hours after the restriction, and the court shall approve the lawfulness of the restriction no later than 24 hours after the submission of the notification. article 16. freedom of belief, religion and conscience everyone has freedom of belief, religion and conscience. these rights may be restricted only in accordance with law for ensuring public safety, or for protecting health or the rights of others, insofar as is necessary in a democratic society. no one shall be persecuted because of his/her belief, religion or conscience, or be coerced into expressing his/her opinion thereon. article 17. rights to freedom of opinion, information, mass media and the internet freedom of opinion and the expression of opinion shall be protected. no one shall be persecuted because of his/her opinion or for expressing his/her opinion. every person has the right to receive and impart information freely. mass media shall be free. censorship shall be inadmissible. neither the state nor individuals shall have the right to monopolise mass media or the means of dissemination of information. everyone has the right to access and freely use the internet. the restriction of these rights may be allowed only in accordance with law, insofar as is necessary in a democratic society for ensuring national security, public safety or territorial integrity, for the protection of the rights of others, for the prevention of the disclosure of information recognised as confidential, or for ensuring the independence and impartiality of the judiciary. the independence of the public broadcaster from state agencies and its freedom from political and substantial commercial influence shall be ensured by law. the institutional and financial independence of the national regulatory body established to protect media pluralism and the exercise of freedom of expression in mass media, prevent the monopolisation of mass media or means of dissemination of information, and protect the rights of consumers and entrepreneurs in the field of broadcasting and electronic communications shall be guaranteed by law. article 18. rights to fair administrative proceedings, access to public information, informational self-determination, and compensation for damage inflicted by public authority everyone has the right to a fair hearing of his/her case by an administrative body within a reasonable time. everyone has the right to be familiarised with information about him/her, or other information, or an official document that exists in public institutions in accordance with the procedures established by law, unless this information or document contains commercial or professional secrets, or is acknowledged as a state secret by law or in accordance with the procedures established by law as necessary in a democratic society to ensure national security or public safety or to protect the interests of legal proceedings. the information contained in official records pertaining to an individual's health, finances or other personal matters shall not be made available to anyone without the consent of the individual, except as provided for by law and as is necessary to ensure national security or public safety, or to protect public interests and health or the rights of others. everyone shall be entitled to full compensation, through a court, for damage unlawfully inflicted by the bodies of the state, the autonomous republics and local self-governments, or their employees, from state funds, the funds of the autonomous republics or the funds of local self-governments, respectively. article 19. right to property the right to own and inherit property shall be recognised and guaranteed. this right may be restricted in cases defined by law and in accordance with the established procedure for the public interest. the expropriation of property shall be admissible in cases of pressing social need as directly provided for by law, based on a court decision or in the case of urgent necessity established by the organic law, provided that preliminary, full and fair compensation is paid. compensation shall be exempt from any taxes and fees. as a resource of special importance, agricultural land may be owned only by the state, a self-governing unit, a citizen of georgia or an association of citizens of georgia. exceptional cases may be determined by the organic law, which shall be adopted by a majority of at least two thirds of the total number of the members of parliament. article 20. freedom of creativity, cultural heritage freedom of creativity shall be guaranteed. the right to intellectual property shall be protected. interference in the creative process and censorship in the field of creative activities shall be inadmissible. the dissemination of a creative work may be prohibited only based on a court decision where such dissemination violates the rights of others. everyone has the right to take care of protecting cultural heritage. cultural heritage shall be protected by law. article 21. freedom of assembly everyone, except those enlisted in the defence forces or bodies responsible for state and public security, shall have the right to assemble publicly and unarmed, without prior permission. the law may establish the necessity of prior notification of authorities if an assembly is held on a public thoroughfare. authorities may terminate an assembly only if it assumes an unlawful character. article 22. freedom of association freedom of association shall be guaranteed. an association may only be dissolved by its own or a court decision in cases defined by law and in accordance with the established procedure. article 23. freedom of political parties citizens of georgia shall have the right to form a political party and participate in its activities in accordance with the organic law. political party membership of persons enlisted in the defence forces or bodies responsible for state and public security, and those appointed as judges, shall cease. the establishment and activity of a political party that aims to overthrow or forcibly change the constitutional order of georgia, infringe on the independence or violate the territorial integrity of the country, or that propagates war or violence or incites national, ethnic, provincial, religious or social strife, shall be inadmissible. the establishment of a political party on a territorial principle shall be inadmissible. the prohibition of a political party shall be admissible only by decision of the constitutional court, in cases defined by the organic law and in accordance with the established procedure. article 24. electoral right every citizen of georgia who has attained the age of 18 shall have the right to participate in referendums and elections of the bodies of the state, autonomous republics and local self-governments. the free expression of the will of a voter shall be guaranteed. a citizen who, following a court judgment, is serving a sentence for a particularly serious crime in a penitentiary institution, or who has been recognised by a court decision as a beneficiary of support and admitted to an inpatient care facility, shall not have the right to participate in elections and referendums. article 25. right to hold public office every citizen of georgia shall have the right to hold any public office if the individual meets the requirements established by legislation. conditions for civil service shall be determined by law. the office of the president, the prime minister and the chairperson of the parliament of georgia may not be held by a citizen of georgia who is simultaneously the citizen of a foreign country. article 26. freedom of labour, freedom of trade unions, right to strike and freedom of enterprise freedom of labour shall be guaranteed. everyone has the right to freely choose their employment. the right to safe working conditions and other labour rights shall be protected by the organic law. everyone has the right to establish and join trade unions in accordance with the organic law. the right to strike shall be recognised. the conditions and procedures for exercising this right shall be determined by the organic law. freedom of enterprise shall be guaranteed. monopolistic activities shall be prohibited, except in cases permitted by law. consumer rights shall be protected by law. article 27. right to education and academic freedom everyone has the right to receive education and the right to choose the form of education they receive. pre-school education shall be guaranteed in accordance with the procedures established by law. elementary and basic education shall be compulsory. general education shall be fully funded by the state, in accordance with the procedures established by law. citizens shall have the right to state-funded vocational and higher education, in accordance with the procedures established by law. academic freedom and the autonomy of higher educational institutions shall be guaranteed. article 28. right to the protection of health the right of a citizen to affordable and quality health care services shall be guaranteed by law. the state shall exercise control over all health care institutions and the quality of medical services, and shall regulate the production and circulation of pharmaceuticals. article 29. right to environmental protection everyone has the right to live in a healthy environment and enjoy the natural environment and public space. everyone has the right to receive full information about the state of the environment in a timely manner. everyone has the right to care for the protection of the environment. the right to participate in the adoption of decisions related to the environment shall be ensured by law. environmental protection and the rational use of natural resources shall be ensured by law, taking into account the interests of current and future generations. article 30. right to marry, rights of mothers and children marriage, as a union of a woman and a man for the purpose of founding a family, shall be based on the equality of rights and the free will of spouses. the rights of mothers and children shall be protected by law. article 31. procedural rights every person has the right to apply to a court to defend his/her rights. the right to a fair and timely trial shall be ensured. every person shall be tried only by a court that has jurisdiction over the case. the right to defence shall be guaranteed. everyone has the right to defend his/her rights before a court in person or through a lawyer, or through a representative in cases defined by law. the unrestricted exercise of the rights of a lawyer, as well as the right of lawyers to self-organisation, shall be guaranteed by law. the defendant shall have the right to request that his/her witnesses be called and interrogated under the same conditions as the witnesses of the prosecution. a person shall be presumed innocent until proved guilty, in accordance with the procedures established by law and the court's judgment of conviction that has entered into legal force. no one shall be obliged to prove his/her innocence. the burden of proof shall rest with the prosecution. a decision to commit an accused for trial shall be based on a reasonable belief, and a judgment of conviction shall be based on incontrovertible evidence. any suspicion that cannot be proved in accordance with the procedures established by law shall be resolved in the defendant's favour. no one shall be convicted again for the same crime. no one shall be held responsible for an action that did not constitute an offence at the time when it was committed. no law shall have retroactive force unless it reduces or abrogates responsibility. evidence obtained in violation of the law shall have no legal force. no one shall be obliged to testify against himself/herself or against his/her relatives, as determined by law. article 32. citizenship of georgia georgia shall protect its citizen regardless of his/her location. citizenship of georgia shall be acquired by birth or naturalisation. the procedures for acquiring and losing the citizenship of georgia, the conditions and procedures for granting citizenship of georgia to a foreign citizen and the conditions for holding citizenship of another state by a citizen of georgia shall be determined by the organic law. the deprivation of citizenship shall be inadmissible. the expulsion of a citizen of georgia from georgia shall be inadmissible. the transfer of a citizen of georgia to a foreign state shall be inadmissible except in cases provided for by an international treaty. the decision to transfer a citizen may be appealed to the court. article 33. rights of aliens and stateless persons citizens of other states and stateless persons living in georgia shall have rights and obligations equal to those of citizens of georgia except in cases provided for by the constitution and law. the state shall be entitled to impose restrictions on the political activities of citizens of other states and stateless persons. georgia shall grant asylum to citizens of other states and stateless persons in compliance with universally recognised norms of international law, in accordance with the procedures established by law. the expulsion or extradition of persons from georgia in violation of universally recognised principles and norms of international law shall be inadmissible. article 34. general principles for ensuring fundamental human rights the fundamental human rights referred to in the constitution, in terms of their contents, shall also apply to legal persons. the exercise of fundamental human rights shall not violate the rights of others. the restriction of a fundamental human right shall be commensurate with the significance of the legitimate aim that it serves. article 35. public defender of georgia supervision of the protection of human rights within the territory of georgia shall be exercised by the public defender of georgia, who shall be elected for a term of 6 years by a majority of at least three fifths of the total number of the members of parliament. the same person shall not be elected as a public defender consecutively. hindering the activities of the public defender shall be punishable by law. the arrest or detention of the public defender, or searches of his/her place of residence, place of work, vehicle or person, shall be permitted only with the consent of parliament, except if the public defender is caught at the crime scene, in which case parliament shall be notified immediately. in such cases, the public defender shall be released immediately unless parliament consents to the detention. the powers of the public defender shall be defined by the organic law. chapter three. parliament of georgia article 36. status and authority of parliament the parliament of georgia is the supreme representative body of the country that exercises legislative power, defines the main directions of the country's domestic and foreign policies, controls the activities of the government within the scope established by the constitution, and exercises other powers. the procedures for the functioning of parliament shall be determined by the rules of procedure of parliament, which is adopted by a majority of the total number of the members of parliament based on the initiative of a member, a committee or a faction of parliament. the rules of procedure shall have the force of law and shall be signed and promulgated by the chairperson of parliament. article 37. parliamentary elections following the full restoration of georgia's jurisdiction throughout the entire territory of georgia, two chambers shall be established within parliament: the council of the republic and the senate. the council of the republic shall be composed of members elected by a proportional system. the senate shall be composed of members elected from the autonomous republic of abkhazia, the autonomous republic of ajara and other territorial units of georgia, and five members appointed by the president of georgia. the composition, powers, and procedures for the election of chambers shall be determined by the organic law. before the condition provided for by paragraph 1 of this article is created, parliament shall be composed of 150 members of parliament elected in a single multi-mandate electoral district for a term of 4 years by a proportional system on the basis of universal, free, equal and direct suffrage, by secret ballot. regular parliamentary elections shall be held on the last saturday of october of the calendar year in which the term of parliament expires. in case of the dissolution of parliament, elections shall be held no earlier than the 45th day and no later than the 60th day after the dissolution of parliament. if the election date coincides with a state of emergency or martial law, elections shall be held no earlier than the 45th day and no later than the 60th day after the state of emergency or martial law has been revoked. any citizen of georgia having the electoral right, who has attained the age of 25 and who has lived in georgia for at least 10 years, may be elected as a member of parliament. a person who has been sentenced to imprisonment by a court judgment shall not be elected as a member of parliament. a political party that is registered in accordance with the procedures established by law shall have the right to participate in the parliamentary elections if it has a member of parliament who has been elected through the party's nomination by the date when the elections are scheduled, or if it is supported by the signatures of at least 25 000 voters, in accordance with the procedures established by the organic law. the mandates of members of parliament shall be distributed only to those political parties that receive at least 5 % of valid votes cast in the elections. to determine the amount of mandates received by a political party, the amount of votes received by this party shall be multiplied by 150 and divided by the total number of votes received by all political parties that received at least 5 % of valid votes cast in the elections. the integer part of the number thus derived is the amount of mandates received by the political party. if the total amount of mandates received by political parties is fewer than 150, the political parties with the best results shall receive the undistributed mandates in a successive manner. the procedure for the election of parliament shall be determined by the organic law. article 38. first meeting of parliament and termination of powers the first meeting of the newly elected parliament shall be held no later than the 10th day after the results of the parliamentary elections have been officially announced. the first meeting of parliament is called by the president. parliament shall be authorised to start work at the first meeting if the majority of the total number of the members of parliament is present at the meeting. parliament shall acquire full powers once this is acknowledged by two thirds of the members of parliament. the powers of the previous parliament shall be terminated from this moment. article 39. member of the parliament of georgia a member of the parliament of georgia is a representative of all georgia. he/she shall enjoy a free mandate and shall not be recalled. the arrest or detention of a member of parliament, or searches of his/her place of residence, place of work, vehicle or person, shall be permitted only with the prior consent of parliament, except when a member of parliament is caught at the crime scene, in which case parliament shall be notified immediately. unless parliament consents to the detention within 48 hours, the arrested or detained member of parliament shall be released immediately. a member of parliament shall have the right not to testify about facts disclosed to him/her in his/her capacity as a member of parliament. the seizure or extraction of written materials related to this issue shall be inadmissible. this right shall be retained by a member of parliament after his/her term of office expires. a member of parliament shall not be held liable for the views expressed inside or outside parliament while performing his/her duties. the conditions of unhindered exercise of powers by a member of parliament shall be insured. a member of parliament shall receive remuneration prescribed by a legislative act. respective state bodies shall ensure the personal safety of a member of parliament based on his/her application. hindering the exercise of powers of a member of parliament shall be punishable by law. a member of parliament shall not have the right to hold any office in civil service or to be engaged in entrepreneurial activities. a member of parliament may be engaged in public activities. a member of parliament may be engaged in academic, pedagogical and artistic activities if these activities do not envisage performing administrative functions. cases of conflict of interests shall be defined by the rules of procedure of parliament. issues of the recognition or early termination of the powers of a member of parliament shall be decided on by parliament. the decision of parliament may be appealed to the constitutional court. the powers of a member of parliament shall be terminated early if he/she: submits a personal application for terminating his/her powers to parliament; holds a position incompatible with his/her status or is engaged in an incompatible activity; fails to attend without good reason more than half of the regular sittings during regular sessions; has been convicted by a court judgment that has entered into legal force; has been recognised as a beneficiary of support by a court decision and admitted to a respective inpatient care facility, or has been recognised as missing or declared dead by a court; dies; loses citizenship of georgia; is subject to the termination of his/her powers by a decision of the constitutional court. article 40. chairperson and deputy chairpersons of the parliament of georgia the parliament of georgia shall elect the chairperson for its term by a majority of the total number of its members by secret ballot, in accordance with the procedures established by the rules of procedure. the chairperson of parliament shall chair the work of parliament, ensure the free expression of opinion, sign the acts adopted by parliament, and exercise other powers determined by the rules of procedure. the chairperson of parliament shall fulfil full administrative functions in the house of parliament in accordance with the procedures established by the rules of procedure. the parliament of georgia shall elect a first deputy chairperson and deputy chairpersons for its term by a majority of the total number of its members in accordance with the procedures established by the rules of procedure. article 41. parliamentary bureau, committees and factions to organise the work of parliament, a parliamentary bureau shall be established and shall be composed of the chairperson and deputy chairpersons of parliament and the chairpersons of the parliamentary committees and parliamentary factions. committees shall be created in parliament to prepare legislative issues beforehand, facilitate the implementation of decisions and exercise control over the activities of the bodies accountable to the government and parliament. members of parliament may join a parliamentary faction in accordance with the procedures established by the rules of procedure. the number of faction members shall not be fewer than seven. members of parliament elected following their nomination by one political party may form only one faction. the procedures for the forming and activity of factions and their rights shall be determined by the rules of procedure of parliament. article 42. investigative and other temporary commissions of parliament investigative or other temporary commissions shall be created in parliament in cases provided for by the rules of procedure, as well as on the initiative of at least one fifth of the members of parliament. decisions on creating a temporary commission shall be adopted by parliament in accordance with the procedures established by the rules of procedure. decisions on creating a temporary investigative commission shall be adopted with the support of one third of the total number of the members of parliament. parliamentary factions shall be represented in a temporary commission by at least one member. the representation of opposition factions in temporary commissions shall not be less than half of the total number of commission members. at the request of the investigative commission, members' attendance and the submission of all documents and information necessary to examine the issue shall be mandatory. article 43. questions and interpellations by a member of parliament a member of parliament shall be entitled to appeal with a question to the government, another body accountable to parliament, a member of the government, state bodies of the territorial units at all levels, and state institutions. providing a timely and full response to a question posed by a member of parliament is mandatory. a parliamentary faction a group of at least seven members of parliament shall have the right to pose a question through interpellation to the government, another body accountable to parliament, or a member of the government obliged to answer questions at parliament sittings. the answer may become a subject of discussion by parliament. article 44. sessions and sittings of parliament parliament shall meet in its official capacity for a regular session twice a year. the autumn session shall open on the first tuesday of september and close on the third friday of december. the spring session shall open on the first tuesday of february and close on the last friday of june. during the period between sessions, the president of georgia shall convene an extraordinary session of parliament at the request of the chairperson of parliament, at least one fourth of members of parliament or the government. the president of georgia shall also convene a special sitting in the course of a regular session. unless an act summoning parliament is issued within 48 hours of a written request to convene an extraordinary session, parliament shall meet within the following 48 hours, in accordance with the rules of procedure of parliament. a special sitting of parliament shall be held only based on the agenda defined by the initiator and shall close once the agenda has been exhausted. parliament shall meet upon the declaration of a state of emergency or martial law by the president. parliament shall work until the state of emergency or martial law has been revoked. sittings of parliament shall be public. by the decision of a majority of attendees, but with no less than one third of the total number of members of parliament, parliament may declare a sitting or part of a sitting closed when discussing certain issues. the decision to close a sitting in whole or in part shall be discussed and made behind closed doors. the minutes of open sittings of parliament shall be public. voting at a sitting of parliament may be open or secret. voting shall be open except in cases provided for by the constitution and law. a member of the government, an official accountable to parliament or the head of a body accountable to parliament shall be entitled and, upon request, obliged to attend sittings of parliament, parliamentary committees or commissions, in order to provide answers to questions raised during the sitting and to submit a report of activities performed. parliament, a committee or a commission shall hear such an official immediately upon request. article 45. law making and procedures for decision-making the government, a member of parliament, a parliamentary faction, a parliamentary committee, the supreme representative bodies of the autonomous republics of abkhazia and ajara, and not less than 25 000 voters shall have the right of legislative initiative. parliament shall discuss a draft law submitted by the government at its request in an extraordinary sitting. a law shall be considered adopted if it is supported by a majority of the members of parliament present but at least one third of the total number of the members of parliament, unless another procedure for the adoption of laws is determined by the constitution. an organic law shall be considered adopted if it is supported by a majority of the total number of the members of parliament, unless another procedure for the adoption of organic laws is determined by the constitution. other decisions of parliament shall be considered adopted if they are supported by a majority of the members of parliament present but at least one third of the total number of the members of parliament, unless another procedure for the adoption of a decision is determined by the constitution or law. a decision on approving a constitutional agreement shall be considered adopted if it is supported by at least three fifths of the total number of the members of parliament. article 46. signature and promulgation of a law a law passed by parliament shall be submitted to the president of georgia within 10 days. the president of georgia shall sign and promulgate the law or return it to parliament with justified remarks within 2 weeks. if the president of georgia returns the law, parliament shall put the president's remarks to a vote. the adoption of the remarks requires the same number of votes as for the initial adoption of the type of law in question. if the remarks are adopted, the final version of the law shall be submitted to the president of georgia within 5 days, and the president of georgia shall sign and promulgate the law within 5 days. if parliament rejects the president's remarks, the initial version of the law shall be put to a vote. an organic law or a law shall be considered adopted if it is supported by a majority of the total number of the members of parliament, except in the case of an organic law provided for by article 19(4) of the constitution, which shall be considered adopted if it is supported by at least two thirds of the total number of the members of parliament. a constitutional law shall be considered adopted if it is supported by at least three fourths of the total number of the members of parliament. such a law shall be submitted to the president of georgia within 3 days, and the president of georgia shall sign and promulgate the law within 5 days. a constitutional law on amending the constitution that was adopted by a majority of at least two thirds of the total number of the members of parliament shall be signed and promulgated by the president of georgia within 5 days of its submission, without the right to return it to parliament with remarks. if the president of georgia does not promulgate the law, return it to parliament with justified remarks within the time frame established by paragraph 2 of this article, or promulgate it within the time frame established by paragraphs 3, 4 or 5 of this article, then the chairperson of parliament shall sign and promulgate the law within 5 days after this time frame expires. a law shall enter into force on the 15th day after its promulgation in the official body unless another date is established by the same law. article 47. international treaties the parliament of georgia shall ratify, denounce and annul international treaties by a majority of the total number of its members. parliament shall ratify, denounce and annul international treaties provided for by paragraph 2(c) of this article by a majority of at least three fourths of the total number of its members. besides those international treaties that envisage ratification, it shall also be mandatory to ratify international treaties that: provide for georgia's accession to an international organisation or interstate union; are of a military nature; concern the territorial integrity of the state or changes to the state border; concern loans issued or taken by the state; require changes to domestic legislation or the adoption of laws that are necessary to fulfil international obligations. other international treaties shall be submitted to parliament. if a constitutional claim or submission has been lodged with the constitutional court, the respective international treaty shall not be ratified until the constitutional court passes its judgment. article 48. impeachment no less than one third of the total number of the members of parliament shall have the right to raise the question of impeachment of the president of georgia, a member of the government, a judge of the supreme court, a general prosecutor, a general auditor or a member of the board of the national bank if the actions of the official in question violate the constitution or contain signs of crime. such cases shall be transferred to the constitutional court, which shall consider the case and submit its conclusion to parliament within 1 month. if the constitutional court's conclusion confirms a violation of the constitution or signs of crime by the official in question, parliament shall discuss and vote on the impeachment of the official within 2 weeks from the submission of the conclusion. the president of georgia shall be considered impeached if this decision is supported by at least two thirds of the total number of the members of parliament. a member of the government, a judge of the supreme court, a general prosecutor, a general auditor or a member of the board of the national bank shall be considered impeached if this decision is supported by a majority of the total number of the members of parliament. if parliament does not decide on impeachment within the time frame established by paragraph 2 of this article, initiating an impeachment procedure on the same grounds shall be inadmissible. officials listed in this article, except members of the government, shall only be removed from office by means of impeachment. the procedure of the impeachment of the president of georgia shall be inadmissible during a state of emergency or martial law. chapter four. president of georgia article 49. status of the president of georgia the president of georgia is the head of the state of georgia and is the guarantor of the country's unity and national independence. the president of georgia is the supreme commander-in-chief of the defence forces of georgia. the president of georgia shall represent georgia in foreign relations. article 50. procedures for electing the president of georgia the president of georgia shall be elected for a term of 5 years by the electoral college, without debates and by open ballot. the same person may be elected president of georgia only twice. any citizen of georgia having the electoral right, who has attained the age of 40 and who has lived in georgia for at least 15 years, may be elected president of georgia. the electoral college shall consist of 300 members, and shall include all members of the parliament of georgia and of the supreme representative bodies of the autonomous republics of abkhazia and ajara. other members of the electoral college shall be nominated by the respective political parties from among the representative bodies of local self-governments on the basis of quotas defined by the central election commission of georgia in accordance with the organic law. the quotas are defined in compliance with the principle of proportional geographical representation and in accordance with the results of the elections of local self-governments held under the proportional system. the composition of the electoral college shall be approved by the central election commission of georgia. the election of the president of georgia shall be held in the house of parliament. no less than 30 members of the electoral college shall have the right to nominate a candidate for the president of georgia. one member of the electoral college may support the nomination of only one candidate. one member of the electoral college shall have the right to vote for only one candidate. in the first round of elections, a candidate who receives at least two thirds of the votes of the total number of the members of the electoral college shall be considered elected. if the president of georgia is not elected in the first round, the second round shall be held between the two candidates who received the most votes in the first round. the candidate who receives the most votes in the second round shall be considered elected. the first or the second round of the elections shall be considered valid if more than half of the total number of the members of the electoral college have participated. if the elections fail, or if the electoral college does not elect the president of georgia, a re-run of the election of the president of georgia shall be held within 30 days. presidential elections shall be held in october of the calendar year in which the term of office of the president of georgia expires. in the case of the early termination of the term of office of the president of georgia, the presidential elections shall be held within 45 days from the termination of the term of office. if the election date coincides with a state of emergency or martial law, the presidential elections shall be held within 45 days after this state has been revoked. if the date of the election of the president of georgia falls within the same month as the parliamentary elections, or the month preceding the month of the parliamentary elections, the presidential elections shall be held within 45 days from the first meeting of the newly elected parliament. the election of the president of georgia shall be appointed by parliament, except for a re-run of election, which shall be appointed by the chairperson of parliament. the procedures and conditions for the election of the president of georgia shall be determined by the organic law. article 51. oath, termination of the term of office, immunity, conflicts of interest and succession of the president of georgia prior to assuming office, on the third sunday after the election day, the newly elected president of georgia shall address the people and take the following oath of office: 'i, the president of georgia, do solemnly affirm before god and the nation that i will support and defend the constitution of georgia, the independence, unity and indivisibility of the country; that i will faithfully perform the duties of the president, will care for the security and welfare of the citizens of my country and for the revival and might of my nation and homeland.' the term of office of the president of georgia shall terminate and the term of office of the newly elected president of georgia shall commence once the oath is taken by the newly elected president of georgia. the president of georgia shall enjoy immunity. no one shall have the right to detain or bring criminal proceedings against the president of georgia while in office. the president of georgia shall not have the right to hold any other office, to be engaged in entrepreneurial activities, or to receive a salary or other permanent remuneration for any other activity. the president of georgia shall not be a member of a political party. in the case of the inability of the president of georgia to exercise powers, or in the case of the early termination of the president's term of office, the chairperson of parliament shall perform the duties of the president of georgia. article 52. powers of the president of georgia the president of georgia shall: with the consent of the government, exercise representative powers in foreign relations, negotiate with other states and international organisations, conclude international treaties, and accept the accreditation of ambassadors and other diplomatic representatives of other states and international organisations; upon nomination by the government, appoint and dismiss ambassadors and other heads of diplomatic missions of georgia; conclude a constitutional agreement with the apostolic autocephalous orthodox church of georgia on behalf of the state of georgia; call the elections of parliament and local self-government bodies in accordance with the constitution and the procedures established by the organic law; upon nomination by the government, appoint and dismiss chief of defence forces of georgia; appoint one member of the high council of justice; participate in the appointment of the chairperson and members of the central election commission of georgia in cases defined by the organic law and in accordance with the established procedure; upon nomination by the government, submit to parliament candidates for the membership of the national regulatory bodies; decide on citizenship issues in accordance with the procedures established by the organic law; pardon convicts; in accordance with the procedures established by law, grant state awards and rewards; highest military ranks, special ranks and honorary titles; and highest diplomatic ranks; be entitled, upon recommendation by the government and with the consent of parliament, to suspend the activity of a representative body of a territorial unit, or to dissolve such a body, if its activities threaten the sovereignty or territorial integrity of the country, or the exercise of constitutional powers by state bodies; exercise other powers determined by the constitution. the president of georgia shall have the right to call a referendum on issues defined in the constitution and law, at the request of the parliament of georgia, the government of georgia or no less than 200 000 voters, within 30 days after such a request is received. a referendum shall not be held in order to adopt or repeal a law, to grant amnesty or pardon, to ratify or denounce international treaties, or to decide issues that envisage the restriction of fundamental constitutional human rights. issues related to calling and holding referendums shall be defined by the organic law. the president of georgia shall have the right to address the people. the president shall annually submit a report on crucial state-related issues to parliament. article 53. countersignature a legal act of the president of georgia shall require the countersignature of the prime minister. a legal act that requires countersignature shall be promulgated and shall entail legal consequences only after it has been countersigned. political responsibility for countersigned legal acts lies with the government. a countersignature shall not be required for legal acts of the president of georgia related to: calling parliamentary elections, dissolving parliament, or convening sessions or sittings of parliament; concluding constitutional agreements; signing and promulgating laws, or returning laws to parliament with remarks; appointing the prime minister; appointing a member of the high council of justice; appointing the chairperson or a member of the central election commission; nominating a member of the board of the national bank or appointing the president of the national bank; or appointing a judge to the constitutional court; granting state awards and rewards, and honorary titles; deciding on citizenship issues; pardoning convicts; applications to the constitutional court or a court; organising the exercise of powers of the president of georgia. chapter five. government of georgia article 54. government the government of georgia is the supreme body of executive power that implements the domestic and foreign policies of the country. the government shall be accountable and responsible to the parliament of georgia. the government shall consist of a prime minister and ministers. a ministry shall be established to ensure the administration of state policy and governance in the field of activity of the government; a ministry is led by a minister. one or several state ministers may be represented in the government. the office of a state minister may be introduced by law in order to fulfil state objectives of particular importance. a member of the government shall not have the right to hold any other office except in a [political] party, to be engaged in entrepreneurial activities, or to receive remuneration for any other activity, except for academic and pedagogical activities. in order to ensure the representation of the government in administrative-territorial units, the government shall be authorised to designate a state representative-governor. the powers of a state representative-governor shall be determined by law. the structure and the procedure for the activity of the government shall be determined by a law, the draft of which shall be submitted to parliament by the government. article 55. prime minister of georgia the prime minister of georgia is the head of the government. the prime minister shall define the main directions of government activities, organise government activities, coordinate and control the activities of ministers, and sign legal acts of the government. the prime minister shall represent georgia in foreign relations and conclude international treaties on behalf of georgia. the prime minister shall appoint and dismiss ministers. he/she shall be authorised to assign the duties of the first vice prime minister to one of the ministers and to assign the duties of the vice prime minister to one or more ministers. the prime minister shall be accountable for the activities of the government before parliament. he/she shall submit an annual report on the implementation of the government programme to parliament, and shall also report on the implementation of particular parts of the government programme at the request of parliament. article 56. vote of confidence upon the recognition of the full powers of the newly elected parliament, the government shall relinquish its authority to parliament and continue to perform its duties until a new prime minister is appointed. in case of the resignation of the prime minister, the authority of the prime minister is terminated upon his/her resignation. in case of the resignation of the prime minister or the termination of his/her authority otherwise, the government shall continue to act until a new prime minister is appointed. within 2 weeks after the government relinquishes its authority, as well as after the resignation of the prime minister or the termination of his/her authority otherwise, parliament shall hold a vote of confidence in the government proposed by a candidate for the office of prime minister nominated by the political party that secured the best results in the parliamentary elections. a government programme shall be presented to parliament together with the composition of the government. a majority of the total number of the members of parliament is required to pass a vote of confidence. if parliament's vote of confidence in the government is not passed within the established time frame, the president of georgia shall dissolve parliament no earlier than 2 weeks and no later than 3 weeks after the respective time frame has expired, and shall call extraordinary elections of parliament. the president of georgia shall not dissolve parliament and shall not call extraordinary elections of parliament if, within 2 weeks from the expiry of the time frame set forth in paragraph 2 of this article, parliament passes by a majority of the total number of its members a vote of confidence in the government proposed by a candidate for the office of prime minister nominated by more than one third of the total number of the members of parliament. within 2 days of a vote of confidence in the government, the president of georgia shall appoint a prime minister. the prime minister shall then appoint ministers within 2 days of his/her appointment. if the president does not appoint the prime minister within the established time frame, the prime minister shall be considered appointed. article 57. vote of no confidence parliament shall be entitled to hold a vote of no confidence in the government. a vote of no confidence in the government shall be held if the motion is proposed by more than one third of the total number of the members of parliament. together with a no confidence motion, the initiators shall nominate a candidate for the office of prime minister, and the candidate for the office of prime minister shall propose a new composition of the government to parliament. a government programme shall be presented to parliament together with the composition of the government. if parliament passes a vote of confidence in a new government by a majority of the total number of its members no earlier than 7 days and no later than 14 days after proposing the motion, a vote of no confidence shall be considered passed. within 2 days after a vote of confidence in the new government has been passed, the president of georgia shall appoint a prime minister. the prime minister shall then appoint ministers within 2 days of his/her appointment. if the president of georgia does not appoint the prime minister within the established time frame, the prime minister shall be considered appointed. the authority of the government shall be terminated once a new prime minister is appointed. if parliament does not pass a vote of no confidence in the government, it shall be inadmissible for the same members of parliament to propose a vote of no confidence within the next 6 months. article 58. vote of confidence on the initiative of the prime minister the prime minister shall have the right to present to parliament an issue of confidence in the government. an issue of confidence shall be put to vote no earlier than the 7th day and no later than the 14th day after it has been presented. if the government fails to achieve a vote of confidence from parliament, the president of georgia shall, no earlier than the 8th day and no later than the 14th day after the vote, dissolve parliament and call extraordinary parliamentary elections. the president of georgia shall not dissolve parliament if, within 7 days after voting against a vote of confidence in the government, parliament passes by a majority of the total number of its members a vote of confidence in the government proposed by a candidate for the office of prime minister nominated by more than one third of the total number of the members of parliament. a government programme shall be presented to parliament together with the composition of the government. within 2 days of the vote of confidence in the new government, the president of georgia shall appoint the prime minister. the prime minister shall then appoint ministers within 2 days of his/her appointment. if the president of georgia does not appoint the prime minister within the established time frame, the prime minister shall be considered appointed. the authority of the government shall be terminated once a new prime minister is appointed. chapter six. judiciary and prosecutor's office article 59. judiciary judicial power shall be independent and exercised by the constitutional court of georgia and the common courts of georgia. the constitutional court of georgia is a judicial body of constitutional control. the procedure for its creation and activity shall be determined by the organic law. justice shall be administered by common courts. specialised courts may be created only within the system of common courts. a military court may be created during martial law and only within the system of common courts. the creation of extraordinary courts shall be inadmissible. in common courts, cases shall be heard by juries in cases defined by law and in accordance with the established procedure. the system of common courts, their authority and procedure for activity shall be determined by the organic law. article 60. constitutional court of georgia the constitutional court of georgia shall exercise judicial power through constitutional legal proceedings. the constitutional court shall consist of nine judges appointed for a term of 10 years, out of which three judges shall be appointed by the president of georgia, three judges shall be elected by parliament by a majority of at least three fifths of the total number of its members, and three judges shall be appointed by the supreme court. a judge of the constitutional court shall be a citizen of georgia who has attained the age of 35, has obtained a higher legal education, has at least 10 years of specialised professional experience and a distinguished professional qualification. a judge of the constitutional court shall not have previously held this office. the constitutional court shall elect a chairperson from among its members for a term of 5 years. a person who has already held the position of chairperson of the constitutional court shall not be re-elected. the constitutional court of georgia shall in accordance with the procedures established by the organic law: review the constitutionality of a normative act with respect to the fundamental human rights enshrined in chapter two of the constitution on the basis of a claim submitted by a natural person, a legal person or the public defender; make decisions on the constitutionality of a normative act on the basis of a claim submitted by the president of georgia, by at least one fifth of the members of parliament, or by the government; on the basis of a submission by a common court, review the constitutionality of a normative act to be applied by the common court when hearing a particular case, and which may contravene the constitution according to a reasonable assumption of the court; review disputes about the competences of a respective body on the basis of a claim submitted by the president of georgia, parliament, the government, the high council of justice, the general prosecutor, the board of national bank, the general auditor, the public defender or the supreme representative or executive body of an autonomous republic; review the constitutionality of international treaties on the basis of a claim submitted by the president of georgia, the government, or by at least one fifth of the members of parliament; review the constitutionality of activities of a political party, or of the termination of powers of a member of the representative body elected upon nomination by this political party, on the basis of a claim submitted by the president of georgia, the government, or by at least one fifth of the members of parliament; review the constitutionality of parliament's decision to acknowledge or prematurely terminate the powers of a member of parliament, on the basis of a claim submitted by at least one fifth of the members of parliament or the respective individual; review disputes related to norms regulating referendums or elections, and the constitutionality of referendums and elections held or to be held based on these norms, on the basis of a claim submitted by the president of georgia, by at least one fifth of the members of parliament, or by the public defender; review the constitutionality of a normative act with respect to chapter nine of the constitution on the basis of a claim submitted by the representative body of a local self-government; exercise other powers determined by the constitution. a judgment of the constitutional court shall be final. an act or a part thereof that has been recognised as unconstitutional shall cease to have legal effect as soon as the respective judgment of the constitutional court is made public, unless the relevant judgment envisages a later time frame for invalidating the act or a part thereof. a legal norm regulating elections shall not be recognised as unconstitutional by the constitutional court within the respective election year, unless this norm has been adopted within 15 months before the month of the respective elections. the appointment of judges of the constitutional court and the termination of their terms of office, as well as the constitutional legal proceedings and other issues related to the activities of the constitutional court, shall be determined by the organic law. article 61. supreme court of georgia the supreme court of georgia shall be the court of cassation. the supreme court shall consist of at least 28 judges. upon nomination by the high council of justice, the judges of the supreme court shall be elected for life, until they reach the age established by the organic law, by a majority of the total number of the members of parliament. upon nomination by the high council of justice, parliament shall elect a chairperson of the supreme court from among the members of the supreme court for a term of 10 years by a majority of the total number of the members of parliament. a person who has already held the position of chairperson of the supreme court shall not be re-elected. article 62. judicial proceedings a court shall award a judgment on behalf of georgia. judicial acts shall be binding. failure to comply with a court judgment or interference with the execution of a court judgment shall be punishable by law. court judgments may be annulled, changed or suspended only by court, in accordance with the procedures established by law. other procedures for releasing from a sentence and commuting the unserved part of a sentence shall be determined by law. court hearings shall be open. closed hearings shall be permitted only in cases provided for by law. a court judgment shall be declared publicly. legal proceedings shall be conducted in the official language. an individual who does not have a command of the official language shall be provided with an interpreter. legal proceedings shall be conducted on the basis of equality of arms and the adversarial process. article 63. judge a judge shall be independent in his/her activity and shall only comply with the constitution and law. any pressure upon a judge or any interference in his/her activity in order to influence his/her decision-making shall be prohibited and punishable by law. no one shall have the right to demand an account concerning a particular case from a judge. all acts restricting the independence of a judge shall be null and void. a judge shall enjoy immunity. criminal proceedings against a judge, his/her arrest or detention, and searches of his/her place of residence, place of work, vehicle or person shall be permitted only with the consent of the high council of justice and, in the case of a judge of the constitutional court, with the consent of the constitutional court. an exception may be made if a judge is caught at the crime scene, in which case the high council of justice or the constitutional court, respectively, shall be notified immediately. unless the high council of justice or the constitutional court, respectively, consents to the detention, the detained judge shall be released immediately. the state shall ensure the security of a judge and his/her family. the office of a judge shall be incompatible with any other office and remunerative activities, except for academic and pedagogical activities. a judge shall not be a member of a political party or participate in a political activity. a judge of the common courts may be removed from consideration of a case, dismissed or moved to another position only in cases defined by the organic law. the irremovability of a judge shall be guaranteed by the organic law. the reorganisation or liquidation of the court shall not be the basis for dismissing a judge appointed for life. a judge of the common courts shall be a citizen of georgia who has attained the age of 30, has a relevant higher legal education and at least 5 years of specialised professional experience. additional qualification requirements for judges of the common courts shall be defined by the organic law. judges of the common courts shall be appointed for life until they reach the age established by the organic law. judges of the common courts shall be selected based on their conscientiousness and competence. the decision to appoint a judge shall be made by a majority of at least two thirds of the total number of the members of the high council of justice. the procedures for appointing and dismissing judges shall be determined by the organic law. article 64. high council of justice the high council of justice of georgia a body of the common courts system shall be established to ensure the independence and efficiency of the common courts, to appoint and dismiss judges and to perform other tasks. the high council of justice shall consist of 14 members appointed for a term of 4 years, and the chairperson of the supreme court. more than half of the members of the high council of justice shall be members elected from among the judges by the self-governing body of judges of the common courts. in addition to the members elected by the self-governing body of judges of the common courts, and the chairperson of the supreme court, the high council of justice shall have one member appointed by the president of georgia and members elected by a majority of at least three fifths of the total number of the members of parliament. the chairperson of the high council of justice shall be elected for 4 years, but not more than the term defined by his/her term of office as a member of the high council of justice. the chairperson of the high council of justice shall be elected by the high council of justice from among its judge members in accordance with the procedures established by the organic law. the secretary of the high council of justice shall be elected for 4 years by the self-governing body of judges of the common courts from among the members of the high council of justice that have been elected by the self-governing body of judges of the common courts. the high council of justice shall be accountable to the self-governing body of judges of the common courts. the procedure for accountability shall be determined by the organic law. the competences of the high council of justice and the procedures for its establishment and activity shall be determined by the organic law. article 65. prosecutor's office the prosecutor's office of georgia shall be independent in its activity and shall only comply with the constitution and law. the prosecutor's office shall be led by the general prosecutor, who is elected for a term of 6 years upon nomination by the prosecutors' council by a majority of the total number of the members of parliament, in accordance with the procedures established by the organic law. the prosecutors' council shall be established to ensure the independence, transparency and efficiency of the prosecutor's office. the council shall consist of 15 members elected in accordance with the procedures established by the organic law. the chairperson of the prosecutors' council shall be elected by council members for a term of 2 years. the prosecutor's office shall submit a report on its activities to parliament on an annual basis. the competences, structure and procedure for the activity of the prosecutor's office shall be determined by the organic law. chapter seven. public finances and control article 66. state budget the parliament of georgia shall annually adopt the law on the state budget by a majority of the total number of its members. only the government of georgia shall have the right to present a draft state budget to parliament after the basic data and directions have been examined with the committees of parliament. the government shall submit to parliament a draft state budget for the following year no later than 3 months before the end of a budget year. together with a draft state budget, the government shall submit a progress report on the execution of the state budget for the current year. the government shall submit a report on the execution of the previous year's state budget to parliament for approval no later than 5 months after the end of the budget year. amending a draft law on the state budget shall be inadmissible without the consent of the government. the government may request that parliament meets additional state expenses if it indicates the sources used to cover those expenses. parliament may adopt a law on increasing the expenditures or on reducing the revenues of a state budget, or on introducing new financial obligations for the state for the current budget year, only with the consent of the government. laws related to the following budget year may be adopted with the consent of the government or within the scope of the document on basic data and directions of the country submitted by the government to parliament. if parliament does not adopt a state budget by the beginning of a new budget year, expenses shall be covered in accordance with the procedures established by law, based on the state budget of the previous year. a reduction of the funds allocated for parliament in the state budget, as compared to the amount budgeted for the previous year, shall be possible only with the prior consent of parliament. parliament shall decide independently how to distribute the funds allocated for parliament in the state budget. the law on the state budget shall be signed and promulgated by the president of georgia in accordance with article 46 of the constitution. the remarks of the president on the law on the state budget may be accepted by parliament only with the consent of the government. the procedures for drafting and adopting a state budget shall be determined by law. article 67. taxes and fees, economic policy the payment of taxes and fees shall be mandatory in the amount and in accordance with the procedures established by law. only the law shall determine the structure and the procedures for introducing taxes and fees, as well as their rates and the scope of those rates. tax exemptions shall only be permitted by law. tax controls shall be exercised only by the tax authorities defined by law. the fundamental principles of economic policy for ensuring long-term and stable economic growth shall be defined by the organic law. in cases of special necessity, the breaching of and deviation from the limits set by macroeconomic parameters, as well as measures to be taken to return to those parameters, shall be determined by the organic law. article 68. national bank the national bank of georgia shall conduct monetary policy to ensure price stability and maintain the stable operation of the financial sector. the national bank shall be the bank of banks, the banker and the fiscal agent of the government. the board of the national bank is the supreme body of the national bank of georgia. members of the board of the national bank shall be elected by a majority of the total number of the members of parliament for a term of 7 years upon nomination by the president of georgia. the president of georgia shall appoint the president of the national bank from among the members of the board of the national bank and dismiss him/her upon nomination by the board of the national bank. the national bank shall be independent in its activity. only the administrative and capital expenditure of the national bank shall be subject to supervision and control provided for by article 69 of the constitution. the national bank shall be accountable to parliament and shall annually submit an activity report to it. only the national bank shall have the right to money emission. the name and unit of currency shall be determined by the organic law. the competences, procedure for the activity and guarantees for the independence of the national bank, shall be determined by the organic law. article 69. state audit office the use and expenditure of budgetary funds and other public resources shall be supervised by the state audit office, with the purpose of facilitating the efficiency and accountability of public governance. it shall also be entitled to scrutinise the activities of other state bodies of fiscal and economic control and to submit proposals on improving tax legislation to parliament. the state audit office is led by the general auditor, who shall be elected by a majority of the total number of the members of parliament for a term of 5 years upon nomination by the chairperson of parliament. the state audit office shall be independent in its activity. the state audit office shall be accountable to parliament. twice a year, together with the submission of preliminary and full reports on the execution of the state budget, the state audit office shall submit to parliament its conclusions on the government report. once a year, it shall submit to parliament its own activity report. the state audit office shall ensure the control of public funds by parliament. the competences, structure, procedure for the activity and guarantees for the independence of the state audit office shall be determined by the organic law. chapter eight. state defence and security article 70. defence forces defensive war shall be a sovereign right of georgia. the defence of georgia shall be every citizen's duty. the procedure for performing military service shall be determined by law. for the defence of state independence, sovereignty and territorial integrity, as well as for the fulfilment of other tasks related to defence and security as provided for by the constitution and international obligations, georgia shall have defence forces. the types and composition of the defence forces shall be defined by law. the quantity of the defence forces shall be approved by a majority of the total number of the members of parliament upon recommendation by the government. during martial law, the merging of bodies responsible for state and public security with the defence forces shall be permitted by a decree. the defence forces shall act by the orders of the minister of defence in accordance with the procedures established by law and, during a state of emergency or martial law, by the orders of the prime minister. article 71. state of emergency and martial law in cases of armed attack, or a direct threat of armed attack on georgia, the president of georgia shall, upon recommendation by the prime minister, declare martial law, sign a truce (provided that the appropriate conditions are in place), and shall immediately present these decisions to parliament for approval. the decision to declare martial law shall enter into force upon its announcement. parliament approves the decision upon its assembly. if parliament does not approve the decision following a vote, it shall become null and void. in cases of mass unrest, the violation of the country's territorial integrity, a military coup d'ã©tat, armed insurrection, a terrorist act, natural or technogenic disasters or epidemics, or any other situation in which state bodies lack the capacity to fulfil their constitutional duties normally, the president of georgia shall, upon recommendation by the prime minister, declare a state of emergency across the entire territory of the country or in any part of it, and shall immediately present this decision to parliament for approval. the decision shall enter into force upon the announcement of the state of emergency. parliament approves the decision upon its assembly. if parliament does not approve the decision following a vote, it shall become null and void. emergency powers shall only apply to the territory for which the state of emergency is declared. during martial law or a state of emergency, the president of georgia shall, upon recommendation by the prime minister, issue decrees that have the force of the organic law, and which shall be in force until the martial law or the state of emergency has been revoked. a decree related to the authority of the national bank shall be issued with the consent of the president of the national bank. a decree shall enter into force upon its issuance. a decree shall be submitted to parliament immediately. parliament approves the decision upon its assembly. if parliament does not approve the decision following a vote, it shall become null and void. during a state of emergency or martial law, the president of georgia shall have the right to restrict by decree the rights listed in articles 13, 14, 15, 17, 18, 19, 21 and 26 of the constitution across the entire territory of georgia or in any part of it. during a state of emergency or martial law, the president of georgia shall have the right to suspend by decree articles 13(2)-(6), 14(2), 15(2), 17(3), (5) and (6), 18(2), 19(3) of the constitution across the entire territory of georgia or in any part of it. the president of georgia shall immediately submit the decree provided for by this paragraph to parliament for approval. a decree on the restriction of a right shall enter into force upon its issuance, whereas a decree on the suspension of a norm shall enter into force upon approval by parliament. a decree on the restriction of a right shall be approved in accordance with the procedure established by paragraph 3 of this article. general elections shall not be held during a state of emergency or martial law. if a state of emergency is declared in a certain part of the country, a decision on whether to conduct elections in the rest of the territory of the country shall be made by parliament. a decision on revoking a state of emergency or martial law shall be adopted in accordance with the procedures established for declaring and approving a state of emergency or martial law. decisions by parliament on issues provided for by this article shall be adopted by a majority of the total number of its members. article 72. use of the defence forces decisions on the use of the defence forces during martial law shall be made by the prime minister and shall not require parliament's approval. during a state of emergency, the president of georgia shall take decisions on the use of the defence forces upon recommendation by the prime minister, and shall immediately submit the decisions to parliament for approval. decisions shall enter into force upon their approval by parliament. during natural or technogenic disasters or epidemics, the prime minister shall take decisions on the use of the defence forces, and these decisions shall not require parliament's approval. during natural or technogenic disasters or epidemics, parliament shall be authorised to take decisions on the termination of the use of the defence forces. upon recommendation by the government, the president shall take decisions on the use of the defence forces in order to meet the country's international obligations, and shall immediately submit such decisions to parliament for approval. decisions shall enter into force upon approval by parliament. for the purposes of state defence, in special cases, as well as in cases provided for by law, the president of georgia shall, upon recommendation by the government, take decisions about the entry, use and movement of military forces of another state in the country. decisions shall be immediately submitted to parliament for approval and shall enter into force upon approval by parliament. decisions by parliament on issues provided for by this article shall be made by a majority of the total number of its members. article 73. national defence council during martial law, a consultative body the national defence council shall be created and shall be chaired by the president of georgia. the national defence council shall be composed of the president of georgia, the prime minister, the chairperson of parliament, the minister of defence and chief of defence forces. by the decision of the president of georgia, individual members of parliament and of the government may be invited to become members of the council. the national defence council shall act until the martial law has been revoked. the competences and procedure for the activity of the national defence council shall be determined by law. chapter nine. local self-government article 74. bodies, boundaries, legal basis of local self-government citizens of georgia shall regulate issues of local importance through representative and executive bodies of local self-government. representative bodies shall be elected on the basis of universal, equal and direct suffrage by secret ballot. executive bodies shall execute the decisions of the representative bodies and shall be accountable to them. a self-governing unit is a legal entity under public law. decisions on the creation, abolishment or changing the boundaries of a self-governing unit shall be taken by parliament upon recommendation by the government and in consultation with relevant self-governing units. local self-governance shall be carried out in accordance with the procedures established by the organic law. article 75. powers of self-governing units the powers of the state authorities and the self-governing units shall be separated. self-governing units shall be authorised to take decisions, on their own initiative and in compliance with legislation, on all matters that do not fall within the exclusive powers of the state or of the autonomous republics, and which are not excluded from the powers of self-governing units by law. a self-governing unit shall exercise its powers independently and be responsible for doing so within the ambit of the legislation of georgia. a self-governing unit's powers, as defined by the organic law, shall be full and exclusive. the state shall delegate powers to a self-governing unit on the basis of a legislative act or agreement by transferring the appropriate material and financial resources. the state authorities shall exercise legal supervision over the activities of a self-governing unit. to ensure that relevant decisions are made, the supervision of the activities of a self-governing unit shall be permissible only with respect to decisions made on the basis of delegated powers. state supervision shall be exercised in accordance with the procedures established by the organic law and in accordance with the principle of proportionality. article 76. guarantees of local self-government a self-governing unit shall have its own property and finances. a self-governing unit shall define its organisational arrangement independently and in accordance with the organic law, and shall take decisions on staff-related issues independently, in accordance with the organic law and legislation regulating civil service. a self-governing unit shall be entitled to co-operate with other self-governing units to exercise its powers, in accordance with the procedures established by the organic law. a self-governing unit shall be entitled to join unions of self-governing units, in accordance with the procedures established by the organic law. the state authorities shall take decisions on issues related to local self-government in consultation with self-governing units. the procedure for consultations shall be determined by the organic law. decisions made by the bodies of local self-government within the scope of their competence shall be binding in the territory of respective self-governing units. chapter ten. revision of the constitution article 77. procedure for the revision of the constitution the constitution shall be revised by a constitutional law. more than half of the total number of the members of parliament, or no less than 200 000 voters, shall be entitled to submit a draft constitutional law. a draft constitutional law shall be submitted to parliament, which shall make the draft public for nation-wide public discussions. parliament shall begin deliberations on the draft law 1 month after its publication. a constitutional law shall be considered adopted if it is supported by at least two thirds of the total number of the members of parliament. the constitutional law shall be submitted to the president of georgia for signature within 10 days following its approval, in one hearing, without amendments by at least two thirds of the total number of the members of the next parliament. if supported by at least three fourths of the total number of the members of parliament, the constitutional law shall be submitted to the president of georgia for signature within the time frame established by article 46 of the constitution. a constitutional law related to the restoration of territorial integrity shall be adopted by a majority of at least two thirds of the total number of the members of parliament and shall be submitted to the president of georgia for signature within the time frame established by article 46 of the constitution. the president of georgia shall sign and promulgate a constitutional law in accordance with the procedures established by article 46 of the constitution. in case of the declaration of a state of emergency or martial law, deliberations on a draft constitutional law shall be suspended until the state of emergency or martial law has been revoked. chapter eleven. transitional provisions article 78. integration into european and euro-atlantic structures the constitutional bodies shall take all measures within the scope of their competences to ensure the full integration of georgia into the european union and the north atlantic treaty organization. preamble we, the people of kenya acknowledging the supremacy of the almighty god of all creation: honouring those who heroically struggled to bring freedom and justice to our land: proud of our ethnic, cultural and religious diversity, and determined to live in peace and unity as one indivisible sovereign nation: respectful of the environment, which is our heritage, and determined to sustain it for the benefit of future generations: committed to nurturing and protecting the well-being of the individual, the family, communities and the nation: recognising the aspirations of all kenyans for a government based on the essential values of human rights, equality, freedom, democracy, social justice and the rule of law: exercising our sovereign and inalienable right to determine the form of governance of our country and having participated fully in the making of this constitution: adopt, enact and give this constitution to ourselves and to our future generations. god bless kenya chapter 1. sovereignty of the people and supremacy of this constitution 1. sovereignty of the people all sovereign power belongs to the people of kenya and shall be exercised only in accordance with this constitution. the people may exercise their sovereign power either directly or through their democratically elected representatives. sovereign power under this constitution is delegated to the following state organs, which shall perform their functions in accordance with this constitutionparliament and the legislative assemblies in the county governments; the national executive and the executive structures in the county governments; and the judiciary and independent tribunals. the sovereign power of the people is exercised atthe national level; and the county level. 2. supremacy of this constitution this constitution is the supreme law of the republic and binds all persons and all state organs at both levels of government. no person may claim or exercise state authority except as authorised under this constitution. the validity or legality of this constitution is not subject to challenge by or before any court or other state organ. any law, including customary law, that is inconsistent with this constitution is void to the extent of the inconsistency, and any act or omission in contravention of this constitution is invalid. the general rules of international law shall form part of the law of kenya. any treaty or convention ratified by kenya shall form part of the law of kenya under this constitution. 3. defence of this constitution every person has an obligation to respect, uphold and defend this constitution. any attempt to establish a government otherwise than in compliance with this constitution is unlawful. chapter 2. the republic 4. declaration of the republic kenya is a sovereign republic. the republic of kenya shall be a multi-party democratic state founded on the national values and principles of governance referred to in article 10. 5. territory of kenya kenya consists of the territory and territorial waters comprising kenya on the effective date, and any additional territory and territorial waters as defined by an act of parliament. 6. devolution and access to services the territory of kenya is divided into the counties specified in the first schedule. the governments at the national and county levels are distinct and inter-dependent and shall conduct their mutual relations on the basis of consultation and cooperation. a national state organ shall ensure reasonable access to its services in all parts of the republic, so far as it is appropriate to do so having regard to the nature of the service. 7. national, official and other languages the national language of the republic is kiswahili. the official languages of the republic are kiswahili and english. the state shallpromote and protect the diversity of language of the people of kenya; and promote the development and use of indigenous languages, kenyan sign language, braille and other communication formats and technologies accessible to persons with disabilities. 8. state and religion there shall be no state religion. 9. national symbols and national days the national symbols of the republic arethe national flag; the national anthem; the coat of arms; and the public seal. the national symbols are as set out in the second schedule. the national days aremadaraka day, to be observed on 1st june; mashujaa day, to be observed on 20th october; and jamhuri day, to be observed on 12th december. a national day shall be a public holiday. parliament may enact legislation prescribing other public holidays, and providing for observance of public holidays. 10. national values and principles of governance the national values and principles of governance in this article bind all state organs, state officers, public officers and all persons whenever any of themapplies or interprets this constitution; enacts, applies or interprets any law; or makes or implements public policy decisions. the national values and principles of governance includepatriotism, national unity, sharing and devolution of power, the rule of law, democracy and participation of the people; human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalised; good governance, integrity, transparency and accountability; and sustainable development. 11. culture this constitution recognises culture as the foundation of the nation and as the cumulative civilization of the kenyan people and nation. the state shallpromote all forms of national and cultural expression through literature, the arts, traditional celebrations, science, communication, information, mass media, publications, libraries and other cultural heritage; recognise the role of science and indigenous technologies in the development of the nation; and promote the intellectual property rights of the people of kenya. parliament shall enact legislation toensure that communities receive compensation or royalties for the use of their cultures and cultural heritage; and recognise and protect the ownership of indigenous seeds and plant varieties, their genetic and diverse characteristics and their use by the communities of kenya. chapter 3. citizenship 12. entitlements of citizens every citizen is entitled tothe rights, privileges and benefits of citizenship, subject to the limits provided or permitted by this constitution; and a kenyan passport and any document of registration or identification issued by the state to citizens. a passport or other document referred to in clause (1) (b) may be denied, suspended or confiscated only in accordance with an act of parliament that satisfies the criteria mentioned in article 24. 13. retention and acquisition of citizenship every person who was a citizen immediately before the effective date retains the same citizenship status as of that date. citizenship may be acquired by birth or registration. citizenship is not lost through marriage or the dissolution of marriage. 14. citizenship by birth a person is a citizen by birth if on the day of the person's birth, whether or not the person is born in kenya, either the mother or father of the person is a citizen. clause (1) applies equally to a person born before the effective date, whether or not the person was born in kenya, if either the mother or father of the person is or was a citizen. parliament may enact legislation limiting the effect of clauses (1) and (2) on the descendents of kenyan citizens who are born outside kenya. a child found in kenya who is, or appears to be, less than eight years of age, and whose nationality and parents are not known, is presumed to be a citizen by birth. a person who is a kenyan citizen by birth and who, on the effective date, has ceased to be a kenyan citizen because the person acquired citizenship of another country, is entitled on application to regain kenyan citizenship. 15. citizenship by registration a person who has been married to a citizen for a period of at least seven years is entitled on application to be registered as a citizen. a person who has been lawfully resident in kenya for a continuous period of at least seven years, and who satisfies the conditions prescribed by an act of parliament, may apply to be registered as a citizen. a child who is not a citizen, but is adopted by a citizen, is entitled on application to be registered as a citizen. parliament shall enact legislation establishing conditions on which citizenship may be granted to individuals who are citizens of other countries. this article applies to a person as from the effective date, but any requirements that must be satisfied before the person is entitled to be registered as a citizen shall be regarded as having been satisfied irrespective of whether the person satisfied them before or after the effective date, or partially before, and partially after, the effective date. 16. dual citizenship a citizen by birth does not lose citizenship by acquiring the citizenship of another country. 17. revocation of citizenship if a person acquired citizenship by registration, the citizenship may be revoked if the personacquired the citizenship by fraud, false representation or concealment of any material fact; has, during any war in which kenya was engaged, unlawfully traded or communicated with an enemy or been engaged in or associated with any business that was knowingly carried on in such a manner as to assist an enemy in that war; has, within five years after registration, been convicted of an offence and sentenced to imprisonment for a term of three years or longer; or has, at any time after registration, been convicted of treason, or of an offence for whicha penalty of at least seven years imprisonment may be imposed; or a more severe penalty may be imposed. the citizenship of a person who was presumed to be a citizen by birth, as contemplated in article 14 (4), may be revoked ifthe citizenship was acquired by fraud, false representation or concealment of any material fact by any person; the nationality or parentage of the person becomes known, and reveals that the person was a citizen of another country; or the age of the person becomes known, and reveals that the person was older than eight years when found in kenya. 18. legislation on citizenship parliament shall enact legislationprescribing procedures by which a person may become a citizen; governing entry into and residence in kenya; providing for the status of permanent residents; providing for voluntary renunciation of citizenship; prescribing procedures for revocation of citizenship; prescribing the duties and rights of citizens; and generally giving effect to the provisions of this chapter. chapter 4. the bill of rights part 1. general provisions relating to the bill of rights 19. rights and fundamental freedoms the bill of rights is an integral part of kenya's democratic state and is the framework for social, economic and cultural policies. the purpose of recognising and protecting human rights and fundamental freedoms is to preserve the dignity of individuals and communities and to promote social justice and the realisation of the potential of all human beings. the rights and fundamental freedoms in the bill of rightsbelong to each individual and are not granted by the state; do not exclude other rights and fundamental freedoms not in the bill of rights, but recognised or conferred by law, except to the extent that they are inconsistent with this chapter; and are subject only to the limitations contemplated in this constitution. 20. application of bill of rights the bill of rights applies to all law and binds all state organs and all persons. every person shall enjoy the rights and fundamental freedoms in the bill of rights to the greatest extent consistent with the nature of the right or fundamental freedom. in applying a provision of the bill of rights, a court shalldevelop the law to the extent that it does not give effect to a right or fundamental freedom; and adopt the interpretation that most favours the enforcement of a right or fundamental freedom. in interpreting the bill of rights, a court, tribunal or other authority shall promotethe values that underlie an open and democratic society based on human dignity, equality, equity and freedom; and the spirit, purport and objects of the bill of rights. in applying any right under article 43, if the state claims that it does not have the resources to implement the right, a court, tribunal or other authority shall be guided by the following principlesit is the responsibility of the state to show that the resources are not available; in allocating resources, the state shall give priority to ensuring the widest possible enjoyment of the right or fundamental freedom having regard to prevailing circumstances, including the vulnerability of particular groups or individuals; and the court, tribunal or other authority may not interfere with a decision by a state organ concerning the allocation of available resources, solely on the basis that it would have reached a different conclusion. 21. implementation of rights and fundamental freedoms it is a fundamental duty of the state and every state organ to observe, respect, protect, promote and fulfil the rights and fundamental freedoms in the bill of rights. the state shall take legislative, policy and other measures, including the setting of standards, to achieve the progressive realisation of the rights guaranteed under article 43. all state organs and all public officers have the duty to address the needs of vulnerable groups within society, including women, older members of society, persons with disabilities, children, youth, members of minority or marginalised communities, and members of particular ethnic, religious or cultural communities. the state shall enact and implement legislation to fulfil its international obligations in respect of human rights and fundamental freedoms. 22. enforcement of bill of rights every person has the right to institute court proceedings claiming that a right or fundamental freedom in the bill of rights has been denied, violated or infringed, or is threatened. in addition to a person acting in their own interest, court proceedings under clause (1) may be instituted bya person acting on behalf of another person who cannot act in their own name; a person acting as a member of, or in the interest of, a group or class of persons; a person acting in the public interest; or an association acting in the interest of one or more of its members. the chief justice shall make rules providing for the court proceedings referred to in this article, which shall satisfy the criteria thatthe rights of standing provided for in clause (2) are fully facilitated; formalities relating to the proceedings, including commencement of the proceedings, are kept to the minimum, and in particular that the court shall, if necessary, entertain proceedings on the basis of informal documentation; no fee may be charged for commencing the proceedings; the court, while observing the rules of natural justice, shall not be unreasonably restricted by procedural technicalities; and an organisation or individual with particular expertise may, with the leave of the court, appear as a friend of the court. the absence of rules contemplated in clause (3) does not limit the right of any person to commence court proceedings under this article, and to have the matter heard and determined by a court. 23. authority of courts to uphold and enforce the bill of rights the high court has jurisdiction, in accordance with article 165, to hear and determine applications for redress of a denial, violation or infringement of, or threat to, a right or fundamental freedom in the bill of rights. parliament shall enact legislation to give original jurisdiction in appropriate cases to subordinate courts to hear and determine applications for redress of a denial, violation or infringement of, or threat to, a right or fundamental freedom in the bill of rights. in any proceedings brought under article 22, a court may grant appropriate relief, includinga declaration of rights; an injunction; a conservatory order; a declaration of invalidity of any law that denies, violates, infringes, or threatens a right or fundamental freedom in the bill of rights and is not justified under article 24; an order for compensation; and an order of judicial review. 24. limitation of rights and fundamental freedoms a right or fundamental freedom in the bill of rights shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, includingthe nature of the right or fundamental freedom; the importance of the purpose of the limitation; the nature and extent of the limitation; the need to ensure that the enjoyment of rights and fundamental freedoms by any individual does not prejudice the rights and fundamental freedoms of others; and the relation between the limitation and its purpose and whether there are less restrictive means to achieve the purpose. despite clause (1), a provision in legislation limiting a right or fundamental freedomin the case of a provision enacted or amended on or after the effective date, is not valid unless the legislation specifically expresses the intention to limit that right or fundamental freedom, and the nature and extent of the limitation; shall not be construed as limiting the right or fundamental freedom unless the provision is clear and specific about the right or freedom to be limited and the nature and extent of the limitation; and shall not limit the right or fundamental freedom so far as to derogate from its core or essential content. the state or a person seeking to justify a particular limitation shall demonstrate to the court, tribunal or other authority that the requirements of this article have been satisfied. the provisions of this chapter on equality shall be qualified to the extent strictly necessary for the application of muslim law before the kadhis' courts, to persons who profess the muslim religion, in matters relating to personal status, marriage, divorce and inheritance. despite clause (1) and (2), a provision in legislation may limit the application of the rights or fundamental freedoms in the following provisions to persons serving in the kenya defence forces or the national police servicearticle 31-privacy; article 36-freedom of association; article 37-assembly, demonstration, picketing and petition; article 41-labour relations; article 43-economic and social rights; and article 49-rights of arrested persons. 25. fundamental rights and freedoms that may not be limited despite any other provision in this constitution, the following rights and fundamental freedoms shall not be limitedfreedom from torture and cruel, inhuman or degrading treatment or punishment; freedom from slavery or servitude; the right to a fair trial; and the right to an order of habeas corpus. part 2. rights and fundamental freedoms 26. right to life every person has the right to life. the life of a person begins at conception. a person shall not be deprived of life intentionally, except to the extent authorised by this constitution or other written law. abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other written law. 27. equality and freedom from discrimination every person is equal before the law and has the right to equal protection and equal benefit of the law. equality includes the full and equal enjoyment of all rights and fundamental freedoms. women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres. the state shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth. a person shall not discriminate directly or indirectly against another person on any of the grounds specified or contemplated in clause (4). to give full effect to the realisation of the rights guaranteed under this article, the state shall take legislative and other measures, including affirmative action programmes and policies designed to redress any disadvantage suffered by individuals or groups because of past discrimination. any measure taken under clause (6) shall adequately provide for any benefits to be on the basis of genuine need. in addition to the measures contemplated in clause (6), the state shall take legislative and other measures to implement the principle that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender. 28. human dignity every person has inherent dignity and the right to have that dignity respected and protected. 29. freedom and security of the person every person has the right to freedom and security of the person, which includes the right not to bedeprived of freedom arbitrarily or without just cause; detained without trial, except during a state of emergency, in which case the detention is subject to article 58; subjected to any form of violence from either public or private sources; subjected to torture in any manner, whether physical or psychological; subjected to corporal punishment; or treated or punished in a cruel, inhuman or degrading manner. 30. slavery, servitude and forced labour a person shall not be held in slavery or servitude. a person shall not be required to perform forced labour. 31. privacy every person has the right to privacy, which includes the right not to havetheir person, home or property searched; their possessions seized; information relating to their family or private affairs unnecessarily required or revealed; or the privacy of their communications infringed. 32. freedom of conscience, religion, belief and opinion every person has the right to freedom of conscience, religion, thought, belief and opinion. every person has the right, either individually or in community with others, in public or in private, to manifest any religion or belief through worship, practice, teaching or observance, including observance of a day of worship. a person may not be denied access to any institution, employment or facility, or the enjoyment of any right, because of the person's belief or religion. a person shall not be compelled to act, or engage in any act, that is contrary to the person's belief or religion. 33. freedom of expression every person has the right to freedom of expression, which includesfreedom to seek, receive or impart information or ideas; freedom of artistic creativity; and academic freedom and freedom of scientific research. the right to freedom of expression does not extend topropaganda for war; incitement to violence; hate speech; or advocacy of hatred thatconstitutes ethnic incitement, vilification of others or incitement to cause harm; or is based on any ground of discrimination specified or contemplated in article 27 (4). in the exercise of the right to freedom of expression, every person shall respect the rights and reputation of others. 34. freedom of the media freedom and independence of electronic, print and all other types of media is guaranteed, but does not extend to any expression specified in article 33 (2). the state shall notexercise control over or interfere with any person engaged in broadcasting, the production or circulation of any publication or the dissemination of information by any medium; or penalise any person for any opinion or view or the content of any broadcast, publication or dissemination. broadcasting and other electronic media have freedom of establishment, subject only to licensing procedures thatare necessary to regulate the airwaves and other forms of signal distribution; and are independent of control by government, political interests or commercial interests. all state-owned media shallbe free to determine independently the editorial content of their broadcasts or other communications; be impartial; and afford fair opportunity for the presentation of divergent views and dissenting opinions. parliament shall enact legislation that provides for the establishment of a body, which shallbe independent of control by government, political interests or commercial interests; reflect the interests of all sections of the society; and set media standards and regulate and monitor compliance with those standards. 35. access to information every citizen has the right of access toinformation held by the state; and information held by another person and required for the exercise or protection of any right or fundamental freedom. every person has the right to the correction or deletion of untrue or misleading information that affects the person. the state shall publish and publicise any important information affecting the nation. 36. freedom of association every person has the right to freedom of association, which includes the right to form, join or participate in the activities of an association of any kind. a person shall not be compelled to join an association of any kind. any legislation that requires registration of an association of any kind shall provide thatregistration may not be withheld or withdrawn unreasonably; and there shall be a right to have a fair hearing before a registration is cancelled. 37. assembly, demonstration, picketing and petition every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities. 38. political rights every citizen is free to make political choices, which includes the rightto form, or participate in forming, a political party; to participate in the activities of, or recruit members for, a political party; or to campaign for a political party or cause. every citizen has the right to free, fair and regular elections based on universal suffrage and the free expression of the will of the electors forany elective public body or office established under this constitution; or any office of any political party of which the citizen is a member. every adult citizen has the right, without unreasonable restrictionsto be registered as a voter; to vote by secret ballot in any election or referendum; and to be a candidate for public office, or office within a political party of which the citizen is a member and, if elected, to hold office. 39. freedom of movement and residence every person has the right to freedom of movement. every person has the right to leave kenya. every citizen has the right to enter, remain in and reside anywhere in kenya. 40. protection of right to property subject to article 65, every person has the right, either individually or in association with others, to acquire and own propertyof any description; and in any part of kenya. parliament shall not enact a law that permits the state or any personto arbitrarily deprive a person of property of any description or of any interest in, or right over, any property of any description; or to limit, or in any way restrict the enjoyment of any right under this article on the basis of any of the grounds specified or contemplated in article 27 (4). the state shall not deprive a person of property of any description, or of any interest in, or right over, property of any description, unless the deprivationresults from an acquisition of land or an interest in land or a conversion of an interest in land, or title to land, in accordance with chapter five; or is for a public purpose or in the public interest and is carried out in accordance with this constitution and any act of parliament thatrequires prompt payment in full, of just compensation to the person; and allows any person who has an interest in, or right over, that property a right of access to a court of law. provision may be made for compensation to be paid to occupants in good faith of land acquired under clause (3) who may not hold title to the land. the state shall support, promote and protect the intellectual property rights of the people of kenya. the rights under this article do not extend to any property that has been found to have been unlawfully acquired. 41. labour relations every person has the right to fair labour practices. every worker has the rightto fair remuneration; to reasonable working conditions; to form, join or participate in the activities and programmes of a trade union; and to go on strike. every employer has the rightto form and join an employers organisation; and to participate in the activities and programmes of an employers organisation. every trade union and every employers' organisation has the rightto determine its own administration, programmes and activities; to organise; and to form and join a federation. every trade union, employers' organisation and employer has the right to engage in collective bargaining. 42. environment every person has the right to a clean and healthy environment, which includes the rightto have the environment protected for the benefit of present and future generations through legislative and other measures, particularly those contemplated in article 69; and to have obligations relating to the environment fulfilled under article 70. 43. economic and social rights every person has the rightto the highest attainable standard of health, which includes the right to health care services, including reproductive health care; to accessible and adequate housing, and to reasonable standards of sanitation; to be free from hunger, and to have adequate food of acceptable quality; to clean and safe water in adequate quantities; to social security; and to education. a person shall not be denied emergency medical treatment. the state shall provide appropriate social security to persons who are unable to support themselves and their dependants. 44. language and culture every person has the right to use the language, and to participate in the cultural life, of the person's choice. a person belonging to a cultural or linguistic community has the right, with other members of that communityto enjoy the person's culture and use the person's language; or to form, join and maintain cultural and linguistic associations and other organs of civil society. a person shall not compel another person to perform, observe or undergo any cultural practice or rite. 45. family the family is the natural and fundamental unit of society and the necessary basis of social order, and shall enjoy the recognition and protection of the state. every adult has the right to marry a person of the opposite sex, based on the free consent of the parties. parties to a marriage are entitled to equal rights at the time of the marriage, during the marriage and at the dissolution of the marriage. parliament shall enact legislation that recognisesmarriages concluded under any tradition, or system of religious, personal or family law; and any system of personal and family law under any tradition, or adhered to by persons professing a particular religion, to the extent that any such marriages or systems of law are consistent with this constitution. 46. consumer rights consumers have the rightto goods and services of reasonable quality; to the information necessary for them to gain full benefit from goods and services; to the protection of their health, safety, and economic interests; and to compensation for loss or injury arising from defects in goods or services. parliament shall enact legislation to provide for consumer protection and for fair, honest and decent advertising. this article applies to goods and services offered by public entities or private persons. 47. fair administrative action every person has the right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair. if a right or fundamental freedom of a person has been or is likely to be adversely affected by administrative action, the person has the right to be given written reasons for the action. parliament shall enact legislation to give effect to the rights in clause (1) and that legislation shallprovide for the review of administrative action by a court or, if appropriate, an independent and impartial tribunal; and promote efficient administration. 48. access to justice the state shall ensure access to justice for all persons and, if any fee is required, it shall be reasonable and shall not impede access to justice. 49. rights of arrested persons an arrested person has the rightto be informed promptly, in language that the person understands, ofthe reason for the arrest; the right to remain silent; and the consequences of not remaining silent; to remain silent; to communicate with an advocate, and other persons whose assistance is necessary; not to be compelled to make any confession or admission that could be used in evidence against the person; to be held separately from persons who are serving a sentence; to be brought before a court as soon as reasonably possible, but not later thantwenty-four hours after being arrested; or if the twenty-four hours ends outside ordinary court hours, or on a day that is not an ordinary court day, the end of the next court day; at the first court appearance, to be charged or informed of the reason for the detention continuing, or to be released; and to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released. a person shall not be remanded in custody for an offence if the offence is punishable by a fine only or by imprisonment for not more than six months. 50. fair hearing every person has the right to have any dispute that can be resolved by the application of law decided in a fair and public hearing before a court or, if appropriate, another independent and impartial tribunal or body. every accused person has the right to a fair trial, which includes the rightto be presumed innocent until the contrary is proved; to be informed of the charge, with sufficient detail to answer it; to have adequate time and facilities to prepare a defence; to a public trial before a court established under this constitution; to have the trial begin and conclude without unreasonable delay; to be present when being tried, unless the conduct of the accused person makes it impossible for the trial to proceed; to choose, and be represented by, an advocate, and to be informed of this right promptly; to have an advocate assigned to the accused person by the state and at state expense, if substantial injustice would otherwise result, and to be informed of this right promptly; to remain silent, and not to testify during the proceedings; to be informed in advance of the evidence the prosecution intends to rely on, and to have reasonable access to that evidence; to adduce and challenge evidence; to refuse to give self-incriminating evidence; to have the assistance of an interpreter without payment if the accused person cannot understand the language used at the trial; not to be convicted for an act or omission that at the time it was committed or omitted was notan offence in kenya; or a crime under international law; not to be tried for an offence in respect of an act or omission for which the accused person has previously been either acquitted or convicted; to the benefit of the least severe of the prescribed punishments for an offence, if the prescribed punishment for the offence has been changed between the time that the offence was committed and the time of sentencing; and if convicted, to appeal to, or apply for review by, a higher court as prescribed by law. if this article requires information to be given to a person, the information shall be given in language that the person understands. evidence obtained in a manner that violates any right or fundamental freedom in the bill of rights shall be excluded if the admission of that evidence would render the trial unfair, or would otherwise be detrimental to the administration of justice. an accused personcharged with an offence, other than an offence that the court may try by summary procedures, is entitled during the trial to a copy of the record of the proceedings of the trial on request; and has the right to a copy of the record of the proceedings within a reasonable period after they are concluded, in return for a reasonable fee as prescribed by law. a person who is convicted of a criminal offence may petition the high court for a new trial ifthe person's appeal, if any, has been dismissed by the highest court to which the person is entitled to appeal, or the person did not appeal within the time allowed for appeal; and new and compelling evidence has become available. in the interest of justice, a court may allow an intermediary to assist a complainant or an accused person to communicate with the court. this article does not prevent the exclusion of the press or other members of the public from any proceedings if the exclusion is necessary, in a free and democratic society, to protect witnesses or vulnerable persons, morality, public order or national security. parliament shall enact legislation providing for the protection, rights and welfare of victims of offences. 51. rights of persons detained, held in custody or imprisoned a person who is detained, held in custody or imprisoned under the law, retains all the rights and fundamental freedoms in the bill of rights, except to the extent that any particular right or a fundamental freedom is clearly incompatible with the fact that the person is detained, held in custody or imprisoned. a person who is detained or held in custody is entitled to petition for an order of habeas corpus. parliament shall enact legislation thatprovides for the humane treatment of persons detained, held in custody or imprisoned; and takes into account the relevant international human rights instruments. part 3. specific application of rights 52. interpretation of this part this part elaborates certain rights to ensure greater certainty as to the application of those rights and fundamental freedoms to certain groups of persons. this part shall not be construed as limiting or qualifying any right. 53. children every child has the rightto a name and nationality from birth; to free and compulsory basic education; to basic nutrition, shelter and health care; to be protected from abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment and punishment, and hazardous or exploitative labour; to parental care and protection, which includes equal responsibility of the mother and father to provide for the child, whether they are married to each other or not; and not to be detained, except as a measure of last resort, and when detained, to be heldfor the shortest appropriate period of time; and separate from adults and in conditions that take account of the child's sex and age. a child's best interests are of paramount importance in every matter concerning the child. 54. persons with disabilities a person with any disability is entitledto be treated with dignity and respect and to be addressed and referred to in a manner that is not demeaning; to access educational institutions and facilities for persons with disabilities that are integrated into society to the extent compatible with the interests of the person; to reasonable access to all places, public transport and information; to use sign language, braille or other appropriate means of communication; and to access materials and devices to overcome constraints arising from the person's disability. the state shall ensure the progressive implementation of the principle that at least five percent of the members of the public in elective and appointive bodies are persons with disabilities. 55. youth the state shall take measures, including affirmative action programmes, to ensure that the youthaccess relevant education and training; have opportunities to associate, be represented and participate in political, social, economic and other spheres of life; access employment; and are protected from harmful cultural practices and exploitation. 56. minorities and marginalised groups the state shall put in place affirmative action programmes designed to ensure that minorities and marginalised groupsparticipate and are represented in governance and other spheres of life; are provided special opportunities in educational and economic fields; are provided special opportunities for access to employment; develop their cultural values, languages and practices; and have reasonable access to water, health services and infrastructure. 57. older members of society the state shall take measures to ensure the rights of older personsto fully participate in the affairs of society; to pursue their personal development; to live in dignity and respect and be free from abuse; and to receive reasonable care and assistance from their family and the state. part 4. state of emergency 58. state of emergency a state of emergency may be declared only under article132 (4) (d) and only whenthe state is threatened by war, invasion, general insurrection, disorder, natural disaster or other public emergency; and the declaration is necessary to meet the circumstances for which the emergency is declared. a declaration of a state of emergency, and any legislation enacted or other action taken in consequence of the declaration, shall be effective onlyprospectively; and for not longer than fourteen days from the date of the declaration, unless the national assembly resolves to extend the declaration. the national assembly may extend a declaration of a state of emergencyby resolution adoptedfollowing a public debate in the national assembly; and by the majorities specified in clause (4); and for not longer than two months at a time. the first extension of the declaration of a state of emergency requires a supporting vote of at least two-thirds of all the members of the national assembly, and any subsequent extension requires a supporting vote of at least three-quarters of all the members of the national assembly. the supreme court may decide on the validity ofa declaration of a state of emergency; any extension of a declaration of a state of emergency; and any legislation enacted, or other action taken, in consequence of a declaration of a state of emergency. any legislation enacted in consequence of a declaration of a state of emergencymay limit a right or fundamental freedom in the bill of rights only to the extent thatthe limitation is strictly required by the emergency; and the legislation is consistent with the republic's obligations under international law applicable to a state of emergency; and shall not take effect until it is published in the gazette. a declaration of a state of emergency, or legislation enacted or other action taken in consequence of any declaration, may not permit or authorise the indemnification of the state, or of any person, in respect of any unlawful act or omission. part 5. kenya national human rights and equality commission 59. kenya national human rights and equality commission there is established the kenya national human rights and equality commission. the functions of the commission areto promote respect for human rights and develop a culture of human rights in the republic; to promote gender equality and equity generally and to coordinate and facilitate gender mainstreaming in national development; to promote the protection, and observance of human rights in public and private institutions; to monitor, investigate and report on the observance of human rights in all spheres of life in the republic, including observance by the national security organs; to receive and investigate complaints about alleged abuses of human rights and take steps to secure appropriate redress where human rights have been violated; on its own initiative or on the basis of complaints, to investigate or research a matter in respect of human rights, and make recommendations to improve the functioning of state organs; to act as the principal organ of the state in ensuring compliance with obligations under treaties and conventions relating to human rights; to investigate any conduct in state affairs, or any act or omission in public administration in any sphere of government, that is alleged or suspected to be prejudicial or improper or to result in any impropriety or prejudice; to investigate complaints of abuse of power, unfair treatment, manifest injustice or unlawful, oppressive, unfair or unresponsive official conduct; to report on complaints investigated under paragraphs (h) and (i) and take remedial action; and to perform any other functions prescribed by legislation. every person has the right to complain to the commission, alleging that a right or fundamental freedom in the bill of rights has been denied, violated or infringed, or is threatened. parliament shall enact legislation to give full effect to this part, and any such legislation may restructure the commission into two or more separate commissions. if parliament enacts legislation restructuring the commission under clause (4)that legislation shall assign each function of the commission mentioned in this article to one or the other of the successor commissions; each of the successor commissions shall have powers equivalent to the powers of the commission under this article; and each successor commission shall be a commission within the meaning of chapter fifteen, and shall have the status and powers of a commission under that chapter. chapter 5. land and environment part 1. land 60. principles of land policy land in kenya shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable, and in accordance with the following principlesequitable access to land; security of land rights; sustainable and productive management of land resources; transparent and cost effective administration of land; sound conservation and protection of ecologically sensitive areas; elimination of gender discrimination in law, customs and practices related to land and property in land; and encouragement of communities to settle land disputes through recognised local community initiatives consistent with this constitution. these principles shall be implemented through a national land policy developed and reviewed regularly by the national government and through legislation. 61. classification of land all land in kenya belongs to the people of kenya collectively as a nation, as communities and as individuals. land in kenya is classified as public, community or private. 62. public land public land island which at the effective date was unalienated government land as defined by an act of parliament in force at the effective date; land lawfully held, used or occupied by any state organ, except any such land that is occupied by the state organ as lessee under a private lease; land transferred to the state by way of sale, reversion or surrender; land in respect of which no individual or community ownership can be established by any legal process; land in respect of which no heir can be identified by any legal process; all minerals and mineral oils as defined by law; government forests other than forests to which article 63 (2) (d) (i) applies, government game reserves, water catchment areas, national parks, government animal sanctuaries, and specially protected areas; all roads and thoroughfares provided for by an act of parliament; all rivers, lakes and other water bodies as defined by an act of parliament; the territorial sea, the exclusive economic zone and the sea bed; the continental shelf; all land between the high and low water marks; any land not classified as private or community land under this constitution; and any other land declared to be public land by an act of parliamentin force at the effective date; or enacted after the effective date. public land shall vest in and be held by a county government in trust for the people resident in the county, and shall be administered on their behalf by the national land commission, if it is classified underclause (1) (a), (c), (d) or (e); and clause (1) (b), other than land held, used or occupied by a national state organ. public land classified under clause (1) (f) to (m) shall vest in and be held by the national government in trust for the people of kenya and shall be administered on their behalf by the national land commission. public land shall not be disposed of or otherwise used except in terms of an act of parliament specifying the nature and terms of that disposal or use. 63. community land community land shall vest in and be held by communities identified on the basis of ethnicity, culture or similar community of interest. community land consists ofland lawfully registered in the name of group representatives under the provisions of any law; land lawfully transferred to a specific community by any process of law; any other land declared to be community land by an act of parliament; and land that islawfully held, managed or used by specific communities as community forests, grazing areas or shrines; ancestral lands and lands traditionally occupied by hunter-gatherer communities; or lawfully held as trust land by the county governments, but not including any public land held in trust by the county government under article 62 (2). any unregistered community land shall be held in trust by county governments on behalf of the communities for which it is held. community land shall not be disposed of or otherwise used except in terms of legislation specifying the nature and extent of the rights of members of each community individually and collectively. parliament shall enact legislation to give effect to this article. 64. private land private land consists of registered land held by any person under any freehold tenure; land held by any person under leasehold tenure; and any other land declared private land under an act of parliament. 65. landholding by non-citizens a person who is not a citizen may hold land on the basis of leasehold tenure only, and any such lease, however granted, shall not exceed ninety-nine years. if a provision of any agreement, deed, conveyance or document of whatever nature purports to confer on a person who is not a citizen an interest in land greater than a ninety-nine year lease, the provision shall be regarded as conferring on the person a ninety-nine year leasehold interest, and no more. for purposes of this articlea body corporate shall be regarded as a citizen only if the body corporate is wholly owned by one or more citizens; and property held in trust shall be regarded as being held by a citizen only if all of the beneficial interest of the trust is held by persons who are citizens. parliament may enact legislation to make further provision for the operation of this article. 66. regulation of land use and property the state may regulate the use of any land, or any interest in or right over any land, in the interest of defence, public safety, public order, public morality, public health, or land use planning. parliament shall enact legislation ensuring that investments in property benefit local communities and their economies. 67. national land commission there is established the national land commission. the functions of the national land commission areto manage public land on behalf of the national and county governments; to recommend a national land policy to the national government; to advise the national government on a comprehensive programme for the registration of title in land throughout kenya; to conduct research related to land and the use of natural resources, and make recommendations to appropriate authorities; to initiate investigations, on its own initiative or on a complaint, into present or historical land injustices, and recommend appropriate redress; to encourage the application of traditional dispute resolution mechanisms in land conflicts; to assess tax on land and premiums on immovable property in any area designated by law; and to monitor and have oversight responsibilities over land use planning throughout the country. the national land commission may perform any other functions prescribed by national legislation. 68. legislation on land parliament shallrevise, consolidate and rationalise existing land laws; revise sectoral land use laws in accordance with the principles set out in article 60 (1); and enact legislationto prescribe minimum and maximum land holding acreages in respect of private land; to regulate the manner in which any land may be converted from one category to another; to regulate the recognition and protection of matrimonial property and in particular the matrimonial home during and on the termination of marriage; to protect, conserve and provide access to all public land; to enable the review of all grants or dispositions of public land to establish their propriety or legality; to protect the dependants of deceased persons holding interests in any land, including the interests of spouses in actual occupation of land; and to provide for any other matter necessary to give effect to the provisions of this chapter. part 2. environment and natural resources 69. obligations in respect of the environment the state shallensure sustainable exploitation, utilisation, management and conservation of the environment and natural resources, and ensure the equitable sharing of the accruing benefits; work to achieve and maintain a tree cover of at least ten per cent of the land area of kenya; protect and enhance intellectual property in, and indigenous knowledge of, biodiversity and the genetic resources of the communities; encourage public participation in the management, protection and conservation of the environment; protect genetic resources and biological diversity; establish systems of environmental impact assessment, environmental audit and monitoring of the environment; eliminate processes and activities that are likely to endanger the environment; and utilise the environment and natural resources for the benefit of the people of kenya. every person has a duty to cooperate with state organs and other persons to protect and conserve the environment and ensure ecologically sustainable development and use of natural resources. 70. enforcement of environmental rights if a person alleges that a right to a clean and healthy environment recognised and protected under article 42 has been, is being or is likely to be, denied, violated, infringed or threatened, the person may apply to a court for redress in addition to any other legal remedies that are available in respect to the same matter. on application under clause (1), the court may make any order, or give any directions, it considers appropriateto prevent, stop or discontinue any act or omission that is harmful to the environment; to compel any public officer to take measures to prevent or discontinue any act or omission that is harmful to the environment; or to provide compensation for any victim of a violation of the right to a clean and healthy environment. for the purposes of this article, an applicant does not have to demonstrate that any person has incurred loss or suffered injury. 71. agreements relating to natural resources a transaction is subject to ratification by parliament if itinvolves the grant of a right or concession by or on behalf of any person, including the national government, to another person for the exploitation of any natural resource of kenya; and is entered into on or after the effective date. parliament shall enact legislation providing for the classes of transactions subject to ratification under clause (1). 72. legislation relating to the environment parliament shall enact legislation to give full effect to the provisions of this part. chapter 6. leadership and integrity 73. responsibilities of leadership authority assigned to a state officeris a public trust to be exercised in a manner thatis consistent with the purposes and objects of this constitution; demonstrates respect for the people; brings honour to the nation and dignity to the office; and promotes public confidence in the integrity of the office; and vests in the state officer the responsibility to serve the people, rather than the power to rule them. the guiding principles of leadership and integrity includeselection on the basis of personal integrity, competence and suitability, or election in free and fair elections; objectivity and impartiality in decision making, and in ensuring that decisions are not influenced by nepotism, favouritism, other improper motives or corrupt practices; selfless service based solely on the public interest, demonstrated byhonesty in the execution of public duties; and the declaration of any personal interest that may conflict with public duties; accountability to the public for decisions and actions; and discipline and commitment in service to the people. 74. oath of office of state officers before assuming a state office, acting in a state office, or performing any functions of a state office, a person shall take and subscribe the oath or affirmation of office, in the manner and form prescribed by the third schedule or under an act of parliament. 75. conduct of state officers a state officer shall behave, whether in public and official life, in private life, or in association with other persons, in a manner that avoidsany conflict between personal interests and public or official duties; compromising any public or official interest in favour of a personal interest; or demeaning the office the officer holds. a person who contravenes clause (1), or article 76, 77 or 78 (2)shall be subject to the applicable disciplinary procedure for the relevant office; and may, in accordance with the disciplinary procedure referred to in paragraph (a), be dismissed or otherwise removed from office. a person who has been dismissed or otherwise removed from office for a contravention of the provisions mentioned in clause (2) is disqualified from holding any other state office. 76. financial probity of state officers a gift or donation to a state officer on a public or official occasion is a gift or donation to the republic and shall be delivered to the state unless exempted under an act of parliament. a state officer shall notmaintain a bank account outside kenya except in accordance with an act of parliament; or seek or accept a personal loan or benefit in circumstances that compromise the integrity of the state officer. 77. restriction on activities of state officers a full-time state officer shall not participate in any other gainful employment. any appointed state officer shall not hold office in a political party. a retired state officer who is receiving a pension from public funds shall not hold more than two concurrent remunerative positions as chairperson, director or employee ofa company owned or controlled by the state; or a state organ. a retired state officer shall not receive remuneration from public funds other than as contemplated in clause (3). 78. citizenship and leadership a person is not eligible for election or appointment to a state office unless the person is a citizen of kenya. a state officer or a member of the defence forces shall not hold dual citizenship. clauses (1) and (2) do not apply tojudges and members of commissions; or any person who has been made a citizen of another country by operation of that country's law, without ability to opt out. 79. legislation to establish the ethics and anti-corruption commission parliament shall enact legislation to establish an independent ethics and anti-corruption commission, which shall be and have the status and powers of a commission under chapter fifteen, for purposes of ensuring compliance with, and enforcement of, the provisions of this chapter. 80. legislation on leadership parliament shall enact legislationestablishing procedures and mechanisms for the effective administration of this chapter; prescribing the penalties, in addition to the penalties referred to in article 75, that may be imposed for a contravention of this chapter; providing for the application of this chapter, with the necessary modifications, to public officers; and making any other provision necessary for ensuring the promotion of the principles of leadership and integrity mentioned in this chapter, and the enforcement of this chapter. chapter 7. representation of the people part 1. electoral system and process 81. general principles for the electoral system the electoral system shall comply with the following principlesfreedom of citizens to exercise their political rights under article 38; not more than two-thirds of the members of elective public bodies shall be of the same gender; fair representation of persons with disabilities; universal suffrage based on the aspiration for fair representation and equality of vote; and free and fair elections, which areby secret ballot; free from violence, intimidation, improper influence or corruption; conducted by an independent body; transparent; and administered in an impartial, neutral, efficient, accurate and accountable manner. 82. legislation on elections parliament shall enact legislation to provide forthe delimitation by the independent electoral and boundaries commission of electoral units for election of members of the national assembly and county assemblies; the nomination of candidates; the continuous registration of citizens as voters; the conduct of elections and referenda and the regulation and efficient supervision of elections and referenda, including the nomination of candidates for elections; and the progressive registration of citizens residing outside kenya, and the progressive realisation of their right to vote. legislation required by clause (1) (d) shall ensure that voting at every election issimple; transparent; and takes into account the special needs ofpersons with disabilities; and other persons or groups with special needs. 83. registration as a voter a person qualifies for registration as a voter at elections or referenda if the personis an adult citizen; is not declared to be of unsound mind; and has not been convicted of an election offence during the preceding five years. a citizen who qualifies for registration as a voter shall be registered at only one registration centre. administrative arrangements for the registration of voters and the conduct of elections shall be designed to facilitate, and shall not deny, an eligible citizen the right to vote or stand for election. 84. candidates for election and political parties to comply with code of conduct in every election, all candidates and all political parties shall comply with the code of conduct prescribed by the independent electoral and boundaries commission. 85. eligibility to stand as an independent candidate any person is eligible to stand as an independent candidate for election if the personis not a member of a registered political party and has not been a member for at least three months immediately before the date of the election; and satisfies the requirements ofarticle 99 (1) (c) (i) or (ii), in the case of a candidate for election to the national assembly or the senate, respectively; or article 193 (1) (c) (ii), in the case of a candidate for election to a county assembly. 86. voting at every election, the independent electoral and boundaries commission shall ensure thatwhatever voting method is used, the system is simple, accurate, verifiable, secure, accountable and transparent; the votes cast are counted, tabulated and the results announced promptly by the presiding officer at each polling station; the results from the polling stations are openly and accurately collated and promptly announced by the returning officer; and appropriate structures and mechanisms to eliminate electoral malpractice are put in place, including the safekeeping of election materials. 87. electoral disputes parliament shall enact legislation to establish mechanisms for timely settling of electoral disputes. petitions concerning an election, other than a presidential election, shall be filed within twenty-eight days after the declaration of the election results by the independent electoral and boundaries commission. service of a petition may be direct or by advertisement in a newspaper with national circulation. part 2. independent electoral and boundaries commission and delimitation of electoral units 88. independent electoral and boundaries commission there is established the independent electoral and boundaries commission. a person is not eligible for appointment as a member of the commission if the personhas, at any time within the preceding five years, held office, or stood for election asa member of parliament or of a county assembly; or a member of the governing body of a political party; or holds any state office. a member of the commission shall not hold another public office. the commission is responsible for conducting or supervising referenda and elections to any elective body or office established by this constitution, and any other elections as prescribed by an act of parliament and, in particular, forthe continuous registration of citizens as voters; the regular revision of the voters' roll; the delimitation of constituencies and wards; the regulation of the process by which parties nominate candidates for elections; the settlement of electoral disputes, including disputes relating to or arising from nominations but excluding election petitions and disputes subsequent to the declaration of election results; the registration of candidates for election; voter education; the facilitation of the observation, monitoring and evaluation of elections; the regulation of the amount of money that may be spent by or on behalf of a candidate or party in respect of any election; the development of a code of conduct for candidates and parties contesting elections; and the monitoring of compliance with the legislation required by article 82 (1) (b) relating to nomination of candidates by parties. the commission shall exercise its powers and perform its functions in accordance with this constitution and national legislation. 89. delimitation of electoral units there shall be two hundred and ninety constituencies for the purposes of the election of the members of the national assembly provided for in article 97 (1) (a). the independent electoral and boundaries commission shall review the names and boundaries of constituencies at intervals of not less than eight years, and not more than twelve years, but any review shall be completed at least twelve months before a general election of members of parliament. the commission shall review the number, names and boundaries of wards periodically. if a general election is to be held within twelve months after the completion of a review by the commission, the new boundaries shall not take effect for purposes of that election. the boundaries of each constituency shall be such that the number of inhabitants in the constituency is, as nearly as possible, equal to the population quota, but the number of inhabitants of a constituency may be greater or lesser than the population quota in the manner mentioned in clause (6) to take account ofgeographical features and urban centres; community of interest, historical, economic and cultural ties; and means of communication. the number of inhabitants of a constituency or ward may be greater or lesser than the population quota by a margin of not more thanforty per cent for cities and sparsely populated areas; and thirty per cent for the other areas. in reviewing constituency and ward boundaries the commission shallconsult all interested parties; and progressively work towards ensuring that the number of inhabitants in each constituency and ward is, as nearly as possible, equal to the population quota. if necessary, the commission shall alter the names and boundaries of constituencies, and the number, names and boundaries of wards. subject to clauses (1), (2), (3) and (4), the names and details of the boundaries of constituencies and wards determined by the commission shall be published in the gazette, and shall come into effect on the dissolution of parliament first following their publication. a person may apply to the high court for review of a decision of the commission made under this article. an application for the review of a decision made under this article shall be filed within thirty days of the publication of the decision in the gazette and shall be heard and determined within three months of the date on which it is filed. for the purposes of this article, "population quota" means the number obtained by dividing the number of inhabitants of kenya by the number of constituencies or wards, as applicable, into which kenya is divided under this article. 90. allocation of party list seats elections for the seats in parliament provided for under articles 97(1) (c) and 98 (1) (b), (c) and (d), and for the members of county assemblies under 177 (1) (b) and (c), shall be on the basis of proportional representation by use of party lists. the independent electoral and boundaries commission shall be responsible for the conduct and supervision of elections for seats provided for under clause (1) and shall ensure thateach political party participating in a general election nominates and submits a list of all the persons who would stand elected if the party were to be entitled to all the seats provided for under clause (1), within the time prescribed by national legislation; except in the case of the seats provided for under article 98 (1) (b), each party list comprises the appropriate number of qualified candidates and alternates between male and female candidates in the priority in which they are listed; and except in the case of county assembly seats, each party list reflects the regional and ethnic diversity of the people of kenya. the seats mentioned in clause (1) shall be allocated to political parties in proportion to the total number of seats won by candidates of the political party at the general election. part 3. political parties 91. basic requirements for political parties every political party shallhave a national character as prescribed by an act of parliament; have a democratically elected governing body; promote and uphold national unity; abide by the democratic principles of good governance, promote and practise democracy through regular, fair and free elections within the party; respect the right of all persons to participate in the political process, including minorities and marginalised groups; respect and promote human rights and fundamental freedoms, and gender equality and equity; promote the objects and principles of this constitution and the rule of law; and subscribe to and observe the code of conduct for political parties. a political party shall notbe founded on a religious, linguistic, racial, ethnic, gender or regional basis or seek to engage in advocacy of hatred on any such basis; engage in or encourage violence by, or intimidation of, its members, supporters, opponents or any other person; establish or maintain a paramilitary force, militia or similar organisation; engage in bribery or other forms of corruption; or except as is provided under this chapter or by an act of parliament, accept or use public resources to promote its interests or its candidates in elections. 92. legislation on political parties parliament shall enact legislation to provide forthe reasonable and equitable allocation of airtime, by state owned and other mentioned categories of broadcasting media, to political parties either generally or during election campaigns; the regulation of freedom to broadcast in order to ensure fair election campaigning; the regulation of political parties; the roles and functions of political parties; the registration and supervision of political parties; the establishment and management of a political parties fund; the accounts and audit of political parties; restrictions on the use of public resources to promote the interests of political parties; and any other matters necessary for the management of political parties. chapter 8. the legislature part 1. establishment and role of parliament 93. establishment of parliament there is established a parliament of kenya, which shall consist of the national assembly and the senate. the national assembly and the senate shall perform their respective functions in accordance with this constitution. 94. role of parliament the legislative authority of the republic is derived from the people and, at the national level, is vested in and exercised by parliament. parliament manifests the diversity of the nation, represents the will of the people, and exercises their sovereignty. parliament may consider and pass amendments to this constitution, and alter county boundaries as provided for in this constitution. parliament shall protect this constitution and promote the democratic governance of the republic. no person or body, other than parliament, has the power to make provision having the force of law in kenya except under authority conferred by this constitution or by legislation. an act of parliament, or legislation of a county, that confers on any state organ, state officer or person the authority to make provision having the force of law in kenya, as contemplated in clause (5), shall expressly specify the purpose and objectives for which that authority is conferred, the limits of the authority, the nature and scope of the law that may be made, and the principles and standards applicable to the law made under the authority. 95. role of the national assembly the national assembly represents the people of the constituencies and special interests in the national assembly. the national assembly deliberates on and resolves issues of concern to the people. the national assembly enacts legislation in accordance with part 4 of this chapter. the national assemblydetermines the allocation of national revenue between the levels of government, as provided in part 4 of chapter twelve; appropriates funds for expenditure by the national government and other national state organs; and exercises oversight over national revenue and its expenditure. the national assemblyreviews the conduct in office of the president, the deputy president and other state officers and initiates the process of removing them from office; and exercises oversight of state organs. the national assembly approves declarations of war and extensions of states of emergency. 96. role of the senate the senate represents the counties, and serves to protect the interests of the counties and their governments. the senate participates in the law-making function of parliament by considering, debating and approving bills concerning counties, as provided in articles 109 to 113. the senate determines the allocation of national revenue among counties, as provided in article 217, and exercises oversight over national revenue allocated to the county governments. the senate participates in the oversight of state officers by considering and determining any resolution to remove the president or deputy president from office in accordance with article 145. part 2. composition and membership of parliament 97. membership of the national assembly the national assembly consists oftwo hundred and ninety members, each elected by the registered voters of single member constituencies; forty-seven women, each elected by the registered voters of the counties, each county constituting a single member constituency; twelve members nominated by parliamentary political parties according to their proportion of members of the national assembly in accordance with article 90, to represent special interests including the youth, persons with disabilities and workers; and the speaker, who is an ex officio member. nothing in this article shall be construed as excluding any person from contesting an election under clause (1) (a). 98. membership of the senate the senate consists offorty-seven members each elected by the registered voters of the counties, each county constituting a single member constituency; sixteen women members who shall be nominated by political parties according to their proportion of members of the senate elected under clause (a) in accordance with article 90; two members, being one man and one woman, representing the youth; two members, being one man and one woman, representing persons with disabilities; and the speaker, who shall be an ex officio member. the members referred to in clause (1) (c) and (d) shall be elected in accordance with article 90. nothing in this article shall be construed as excluding any person from contesting an election under clause (1) (a). 99. qualifications and disqualifications for election as member of parliament unless disqualified under clause (2), a person is eligible for election as a member of parliament if the personis registered as a voter; satisfies any educational, moral and ethical requirements prescribed by this constitution or by an act of parliament; and is nominated by a political party, or is an independent candidate who is supportedin the case of election to the national assembly, by at least one thousand registered voters in the constituency; or in the case of election to the senate, by at least two thousand registered voters in the county. a person is disqualified from being elected a member of parliament if the personis a state officer or other public officer, other than a member of parliament; has, at any time within the five years immediately preceding the date of election, held office as a member of the independent electoral and boundaries commission; has not been a citizen of kenya for at least the ten years immediately preceding the date of election; is a member of a county assembly; is of unsound mind; is an undischarged bankrupt; is subject to a sentence of imprisonment of at least six months, as at the date of registration as a candidate, or at the date of election; or is found, in accordance with any law, to have misused or abused a state office or public office or in any way to have contravened chapter six. a person is not disqualified under clause (2) unless all possibility of appeal or review of the relevant sentence or decision has been exhausted. 100. promotion of representation of marginalised groups parliament shall enact legislation to promote the representation in parliament ofwomen; persons with disabilities; youth; ethnic and other minorities; and marginalised communities. 101. election of members of parliament a general election of members of parliament shall be held on the second tuesday in august in every fifth year. whenever a vacancy occurs in the office of a member of the national assembly under article 97 (1) (c), or of the senate under article 98 (1) (b), (c) or (d), the respective speaker shall, within twenty-one days of the occurrence of the vacancy, give notice in writing of the vacancy tothe independent electoral and boundaries commission; and the political party on whose party list the member was elected or nominated. a vacancy mentioned in clause (2) shall, subject to clause (5), be filled in the manner prescribed by an act of parliament within twenty-one days of the notification by the respective speaker. whenever a vacancy occurs in the office of a member of the national assembly elected under article 97 (1) (a) or (b), or of the senate elected under article 98 (1) (a)the respective speaker shall, within twenty-one days after the occurrence of the vacancy, give notice in writing of the vacancy to the independent electoral and boundaries commission; and a by-election shall be held within ninety days of the occurrence of the vacancy, subject to clause (5). a vacancy referred to in clause (4) shall not be filled within the three months immediately before a general election. 102. term of parliament the term of each house of parliament expires on the date of the next general election. when kenya is at war, parliament may, by resolution supported in each house by at least two-thirds of all the members of the house, from time to time extend the term of parliament by not more than six months at a time. the term of parliament shall not be extended under clause (2) for a total of more than twelve months. 103. vacation of office of member of parliament the office of a member of parliament becomes vacantif the member dies; if, during any session of parliament, the member is absent from eight sittings of the relevant house without permission, in writing, from the speaker, and is unable to offer a satisfactory explanation for the absence to the relevant committee; if the member is otherwise removed from office under this constitution or legislation enacted under article 80; if the member resigns from parliament in writing to the speaker; if, having been elected to parliamentas a member of a political party, the member resigns from that party or is deemed to have resigned from the party as determined in accordance with the legislation contemplated in clause (2); or as an independent candidate, the member joins a political party; at the end of the term of the relevant house; or if the member becomes disqualified for election to parliament under article 99 (2) (d) to (h). parliament shall enact legislation providing for the circumstances under which a member of a political party shall be deemed, for the purposes of clause (1) (e), to have resigned from the party. 104. right of recall the electorate under articles 97 and 98 have the right to recall the member of parliament representing their constituency before the end of the term of the relevant house of parliament. parliament shall enact legislation to provide for the grounds on which a member may be recalled and the procedure to be followed. 105. determination of questions of membership the high court shall hear and determine any question whethera person has been validly elected as a member of parliament; or the seat of a member has become vacant. a question under clause (1) shall be heard and determined within six months of the date of lodging the petition. parliament shall enact legislation to give full effect to this article. part 3. offices of parliament 106. speakers and deputy speakers of parliament there shall bea speaker for each house of parliament, who shall be elected by that house in accordance with the standing orders, from among persons who are qualified to be elected as members of parliament but are not such members; and a deputy speaker for each house of parliament, who shall be elected by that house in accordance with the standing orders, from among the members of that house. the office of speaker or deputy speaker shall become vacantwhen a new house of parliament first meets after an election; if the office holder, as a member of the relevant house, vacates office under article 103; if the relevant house so resolves by resolution supported by the votes of at least two-thirds of its members; or if the office holder resigns from office in a letter addressed to the relevant house. 107. presiding in parliament at any sitting of a house of parliamentthe speaker presides; in the absence of the speaker, the deputy speaker presides; and in the absence of the speaker and the deputy speaker, another member of the house elected by the house presides. at a joint sitting of the houses of parliament, the speaker of the national assembly shall preside, assisted by the speaker of the senate. 108. party leaders there shall be a leader of the majority party and a leader of the minority party. the leader of the majority party shall be the person who is the leader in the national assembly of the largest party or coalition of parties. the leader of the minority party shall be the person who is the leader in the national assembly of the second largest party or coalition of parties. the following order of precedence shall be observed in the national assemblyâ��â�� the speaker of the national assembly; the leader of the majority party; and the leader of the minority party. part 4. procedures for enacting legislation 109. exercise of legislative powers parliament shall exercise its legislative power through bills passed by parliament and assented to by the president. any bill may originate in the national assembly. a bill not concerning county government is considered only in the national assembly, and passed in accordance with article 122 and the standing orders of the assembly. a bill concerning county government may originate in the national assembly or the senate, and is passed in accordance with articles 110 to 113, articles 122 and 123 and the standing orders of the houses. a bill may be introduced by any member or committee of the relevant house of parliament, but a money bill may be introduced only in the national assembly in accordance with article 114. 110. bills concerning county government in this constitution, "a bill concerning county government" meansa bill containing provisions affecting the functions and powers of the county governments set out in the fourth schedule; a bill relating to the election of members of a county assembly or a county executive; and a bill referred to in chapter twelve affecting the finances of county governments. a bill concerning county governments isa special bill, which shall be considered under article 111, if itrelates to the election of members of a county assembly or a county executive; or is the annual county allocation of revenue bill mentioned in article 218; or an ordinary bill, which shall be considered under article 112, in any other case. before either house considers a bill, the speakers of the national assembly and senate shall jointly resolve any question as to whether it is a bill concerning counties and, if it is, whether it is a special or an ordinary bill. when any bill concerning county government has been passed bills concerning county government. by one house of parliament, the speaker of that house shall refer it to the speaker of the other house. if both houses pass the bill in the same form, the speaker of the house in which the bill originated shall, within seven days, refer the bill to the president for assent. 111. special bills concerning county governments a special bill concerning a county government shall proceed in the same manner as an ordinary bill concerning county government, subject to clauses (2) and (3). the national assembly may amend or veto a special bill that has been passed by the senate only by a resolution supported by at least two-thirds of the members of the assembly. if a resolution in the national assembly to amend or veto a special bill fails to pass, the speaker of the assembly shall, within seven days, refer the bill, in the form adopted by the senate, to the president for assent. 112. ordinary bills concerning county governments if one house passes an ordinary bill concerning counties, and the second houserejects the bill, it shall be referred to a mediation committee appointed under article 113; or passes the bill in an amended form, it shall be referred back to the originating house for reconsideration. if, after the originating house has reconsidered a bill referred back to it under clause (1) (b), that housepasses the bill as amended, the speaker of that house shall refer the bill to the president within seven days for assent; or rejects the bill as amended, the bill shall be referred to a mediation committee under article 113. 113. mediation committees if a bill is referred to a mediation committee under article 112, the speakers of both houses shall appoint a mediation committee consisting of equal numbers of members of each house to attempt to develop a version of the bill that both houses will pass. if the mediation committee agrees on a version of the bill, each house shall vote to approve or reject that version of the bill. if both houses approve the version of the bill proposed by the mediation committee, the speaker of the national assembly shall refer the bill to the president within seven days for assent. if the mediation committee fails to agree on a version of the bill within thirty days, or if a version proposed by the committee is rejected by either house, the bill is defeated. 114. money bills a money bill may not deal with any matter other than those listed in the definition of "a money bill" in clause (3). if, in the opinion of the speaker of the national assembly, a motion makes provision for a matter mentioned in the definition of "a money bill", the assembly may proceed only in accordance with the recommendation of the relevant committee of the assembly after taking into account the views of the cabinet secretary responsible for finance. in this constitution, "a money bill" means a bill, other than a bill specified in article 218, that contains provisions dealing withtaxes; the imposition of charges on a public fund or the variation or repeal of any of those charges; the appropriation, receipt, custody, investment or issue of public money; the raising or guaranteeing of any loan or its repayment; or matters incidental to any of those matters. in clause (3), "tax", "public money", and "loan" do not include any tax, public money or loan raised by a county. 115. presidential assent and referral within fourteen days after receipt of a bill, the president shallassent to the bill; or refer the bill back to parliament for reconsideration by parliament, noting any reservations that the president has concerning the bill. if the president refers a bill back for reconsideration, parliament may, following the appropriate procedures under this partamend the bill in light of the president's reservations; or pass the bill a second time without amendment. if parliament amends the bill fully accommodating the president's reservations, the appropriate speaker shall re-submit it to the president for assent. parliament, after considering the president's reservations, may pass the bill a second time, without amendment, or with amendments that do not fully accommodate the president's reservations, by a vote supportedby two-thirds of members of the national assembly; and two-thirds of the delegations in the senate, if it is a bill that requires the approval of the senate. if parliament has passed a bill under clause (4)the appropriate speaker shall within seven days re-submit it to the president; and the president shall within seven days assent to the bill. if the president does not assent to a bill or refer it back within the period prescribed in clause (1), or assent to it under (5) (b), the bill shall be taken to have been assented to on the expiry of that period. 116. coming into force of laws a bill passed by parliament and assented to by the president shall be published in the gazette as an act of parliament within seven days after assent. subject to clause (3), an act of parliament comes into force on the fourteenth day after its publication in the gazette, unless the act stipulates a different date on or time at which it will come into force. an act of parliament that confers a direct pecuniary interest on members of parliament shall not come into force until after the next general election of members of parliament. clause (3) does not apply to an interest that members of parliament have as members of the public. part 5. parliament's general procedures and rules 117. powers, privileges and immunities there shall be freedom of speech and debate in parliament. parliament may, for the purpose of the orderly and effective discharge of the business of parliament, provide for the powers, privileges and immunities of parliament, its committees, the leader of the majority party, the leader of the minority party, the chairpersons of committees and members. 118. public access and participation parliament shallconduct its business in an open manner, and its sittings and those of its committees shall be open to the public; and facilitate public participation and involvement in the legislative and other business of parliament and its committees. parliament may not exclude the public, or any media, from any sitting unless in exceptional circumstances the relevant speaker has determined that there are justifiable reasons for the exclusion. 119. right to petition parliament every person has a right to petition parliament to consider any matter within its authority, including to enact, amend or repeal any legislation. parliament shall make provision for the procedure for the exercise of this right. 120. official languages of parliament the official languages of parliament shall be kiswahili, english and kenyan sign language, and the business of parliament may be conducted in english, kiswahili and kenyan sign language. in case of a conflict between different language versions of an act of parliament, the version signed by the president shall prevail. 121. quorum the quorum of parliament shall befifty members, in the case of the national assembly; or fifteen members, in the case of the senate. 122. voting in parliament except as otherwise provided in this constitution, any question proposed for decision in either house of parliament shall be determined by a majority of the members in that house, present and voting. on a question proposed for decision in either housethe speaker has no vote; and in the case of a tie, the question is lost. a member shall not vote on any question in which the member has a pecuniary interest. in reckoning the number of members of a house of parliament for any purpose of voting in that house, the speaker of that house shall not be counted as a member. 123. decisions of senate on election, all the members of the senate who were registered as voters in a particular county shall collectively constitute a single delegation for purposes of clause (4) and the member elected under article 98 (1) (a) shall be the head of the delegation. when the senate is to vote on any matter other than a bill, the speaker shall rule on whether the matter affects or does not affect counties. when the senate votes on a matter that does not affect counties, each senator has one vote. except as provided otherwise in this constitution, in any matter in the senate affecting countieseach county delegation shall have one vote to be cast on behalf of the county by the head of the county delegation or, in the absence of the head of the delegation, by another member of the delegation designated by the head of the delegation; the person who votes on behalf of a delegation shall determine whether or not to vote in support of, or against, the matter, after consulting the other members of the delegation; and the matter is carried only if it is supported by a majority of all the delegations. 124. committees and standing orders each house of parliament may establish committees, and shall make standing orders for the orderly conduct of its proceedings, including the proceedings of its committees. parliament may establish joint committees consisting of members of both houses and may jointly regulate the procedure of those committees. the proceedings of either house are not invalid just because ofa vacancy in its membership; or the presence or participation of any person not entitled to be present at, or to participate in, the proceedings of the house. when a house of parliament considers any appointment for which its approval is required under this constitution or an act of parliamentthe appointment shall be considered by a committee of the relevant house; the committee's recommendation shall be tabled in the house for approval; and the proceedings of the committee and the house shall be open to the public. 125. power to call for evidence either house of parliament, and any of its committees, has power to summon any person to appear before it for the purpose of giving evidence or providing information. for the purposes of clause (1), a house of parliament and any of its committees has the same powers as the high courtto enforce the attendance of witnesses and examine them on oath, affirmation or otherwise; to compel the production of documents; and to issue a commission or request to examine witnesses abroad. part 6. miscellaneous 126. location of sittings of parliament a sitting of either house may be held at any place within kenya and may commence at any time that the house appoints. whenever a new house is elected, the president, by notice in the gazette, shall appoint the place and date for the first sitting of the new house, which shall be not more than thirty days after the election. 127. parliamentary service commission there is established the parliamentary service commission. the commission consists ofthe speaker of the national assembly, as chairperson; a vice-chairperson elected by the commission from the members appointed under paragraph (c); seven members appointed by parliament from among its members of whomfour shall be nominated equally from both houses by the party or coalition of parties forming the national government, of whom at least two shall be women; and three shall be nominated by the parties not forming the national government, at least one of whom shall be nominated from each house and at least one of whom shall be a woman; and one man and one woman appointed by parliament from among persons who are experienced in public affairs, but are not members of parliament. the clerk of the senate shall be the secretary to the commission. a member of the commission shall vacate officeif the person is a member of parliamentat the end of the term of the house of which the person is a member; or if the person ceases to be a member of parliament; or if the person is an appointed member, on revocation of the person's appointment by parliament. despite clause (4), when the term of a house of parliament ends, a member of the commission appointed under clause (2) (c) shall continue in office until a new member has been appointed in the member's place by the next house. the commission is responsible forproviding services and facilities to ensure the efficient and effective functioning of parliament; constituting offices in the parliamentary service, and appointing and supervising office holders; preparing annual estimates of expenditure of the parliamentary service and submitting them to the national assembly for approval, and exercising budgetary control over the service; undertaking, singly or jointly with other relevant organisations, programmes to promote the ideals of parliamentary democracy; and performing other functionsnecessary for the well-being of the members and staff of parliament; or prescribed by national legislation. 128. clerks and staff of parliament there shall be a clerk for each house of parliament, appointed by the parliamentary service commission with the approval of the relevant house. the offices of the clerks and offices of members of the staff of the clerks shall be offices in the parliamentary service. chapter 9. the executive part 1. principles and structure of the national executive 129. principles of executive authority executive authority derives from the people of kenya and shall be exercised in accordance with this constitution. executive authority shall be exercised in a manner compatible with the principle of service to the people of kenya, and for their wellbeing and benefit. 130. the national executive the national executive of the republic comprises the president, the deputy president and the rest of the cabinet. the composition of the national executive shall reflect the regional and ethnic diversity of the people of kenya. part 2. the president and deputy president 131. authority of the president the presidentis the head of state and government; exercises the executive authority of the republic, with the assistance of the deputy president and cabinet secretaries; is the commander-in-chief of the kenya defence forces; is the chairperson of the national security council; and is a symbol of national unity. the president shallrespect, uphold and safeguard this constitution; safeguard the sovereignty of the republic; promote and enhance the unity of the nation; promote respect for the diversity of the people and communities of kenya; and ensure the protection of human rights and fundamental freedoms and the rule of law. the president shall not hold any other state or public office. 132. functions of the president the president shalladdress the opening of each newly elected parliament; address a special sitting of parliament once every year and may address parliament at any other time; and once every yearreport, in an address to the nation, on all the measures taken and the progress achieved in the realisation of the national values, referred to in article 10; publish in the gazette the details of the measures and progress under sub-paragraph (i); and submit a report for debate to the national assembly on the progress made in fulfilling the international obligations of the republic. the president shall nominate and, with the approval of the national assembly, appoint, and may dismissthe cabinet secretaries, in accordance with article 152; the attorney-general, in accordance with article 156; the secretary to the cabinet in accordance with article 154; principal secretaries in accordance with article 155; high commissioners, ambassadors and diplomatic and consular representatives; and in accordance with this constitution, any other state or public officer whom this constitution requires or empowers the president to appoint or dismiss. the president shallchair cabinet meetings; direct and co-ordinate the functions of ministries and government departments; and by a decision published in the gazette, assign responsibility for the implementation and administration of any act of parliament to a cabinet secretary, to the extent not inconsistent with any act of parliament. the president mayperform any other executive function provided for in this constitution or in national legislation and, except as otherwise provided for in this constitution, may establish an office in the public service in accordance with the recommendation of the public service commission; receive foreign diplomatic and consular representatives; confer honours in the name of the people and the republic; subject to article 58, declare a state of emergency; and with the approval of parliament, declare war. the president shall ensure that the international obligations of the republic are fulfilled through the actions of the relevant cabinet secretaries. 133. power of mercy on the petition of any person, the president may exercise a power of mercy in accordance with the advice of the advisory committee established under clause (2), bygranting a free or conditional pardon to a person convicted of an offence; postponing the carrying out of a punishment, either for a specified or indefinite period; substituting a less severe form of punishment; or remitting all or part of a punishment. there shall be an advisory committee on the power of mercy, comprisingthe attorney-general; the cabinet secretary responsible for correctional services; and at least five other members as prescribed by an act of parliament, none of whom may be a state officer or in public service. parliament shall enact legislation to provide forthe tenure of the members of the advisory committee; the procedure of the advisory committee; and criteria that shall be applied by the advisory committee in formulating its advice. the advisory committee may take into account the views of the victims of the offence in respect of which it is considering making recommendations to the president. 134. exercise of presidential powers during temporary incumbency a person who holds the office of president or who is authorised in terms of this constitution to exercise the powers of the president during the period commencing on the date of the first vote in a presidential election, and ending when the newly elected president assumes office; or while the president is absent or incapacitated, or at other times contemplated in article 147 (3), may not exercise the powers of the president specified in clause (2). the powers referred to in clause (1) arethe nomination or appointment of the judges of the superior courts; the nomination or appointment of any other public officer whom this constitution or legislation requires the president to appoint; the nomination or appointment or dismissal of cabinet secretaries and other state or public officers; the nomination or appointment or dismissal of a high commissioner, ambassador, or diplomatic or consular representative; the power of mercy; and the authority to confer honours in the name of the people and the republic. 135. decisions of the president a decision of the president in the performance of any function of the president under this constitution shall be in writing and shall bear the seal and signature of the president. 136. election of the president the president shall be elected by registered voters in a national election conducted in accordance with this constitution and any act of parliament regulating presidential elections. an election of the president shall be heldon the same day as a general election of members of parliament, being the second tuesday in august, in every fifth year; or in the circumstances contemplated in article 146. 137. qualifications and disqualifications for election as president a person qualifies for nomination as a presidential candidate if the personis a citizen by birth; is qualified to stand for election as a member of parliament; is nominated by a political party, or is an independent candidate; and is nominated by not fewer than two thousand voters from each of a majority of the counties. a person is not qualified for nomination as a presidential candidate if the personowes allegiance to a foreign state; or is a public officer, or is acting in any state or other public office. clause (2) (b) shall not apply tothe president; the deputy president; or a member of parliament. 138. procedure at presidential election if only one candidate for president is nominated, that candidate shall be declared elected. if two or more candidates for president are nominated, an election shall be held in each constituency. in a presidential electionall persons registered as voters for the purposes of parliamentary elections are entitled to vote; the poll shall be taken by secret ballot on the day specified in article 101 (1) at the time, in the places and in the manner prescribed under an act of parliament; and after counting the votes in the polling stations, the independent electoral and boundaries commission shall tally and verify the count and declare the result. a candidate shall be declared elected as president if the candidate receivesmore than half of all the votes cast in the election; and at least twenty-five per cent of the votes cast in each of more than half of the counties. if no candidate is elected, a fresh election shall be held within thirty days after the previous election and in that fresh election the only candidates shall bethe candidate, or the candidates, who received the greatest number of votes; and the candidate, or the candidates, who received the second greatest number of votes. if more than one candidate receives the greatest number of votes, clause (5) (b) shall not apply and the only candidates in the fresh election shall be those contemplated in clause (5) (a). the candidate who receives the most votes in the fresh election shall be declared elected as president. a presidential election shall be cancelled and a new election held ifno person has been nominated as a candidate before the expiry of the period set for the delivery of nominations; a candidate for election as president or deputy president dies on or before the scheduled election date; or a candidate who would have been entitled to be declared elected as president, dies before being declared elected as president. a new presidential election under clause (8) shall be held within sixty days after the date set for the previous presidential election. within seven days after the presidential election, the chairperson of the independent electoral and boundaries commission shalldeclare the result of the election; and deliver a written notification of the result to the chief justice and the incumbent president. 139. death before assuming office if a president-elect dies after being declared elected as president, but before assuming officethe deputy president-elect shall be sworn in as acting president on the date on which the president-elect would otherwise have been sworn-in; and a fresh election to the office of president shall be held within sixty days after the death of the president-elect. if the deputy president-elect dies before assuming office, the office of the deputy president shall be declared vacant on the assumption of office by the person declared elected as the president. if both the persons declared elected as the president and the deputy president die before assuming officethe speaker of the national assembly shall act as president from the date on which the president-elect would otherwise have been sworn-in; and a fresh presidential election shall be conducted within sixty days after the second death. 140. questions as to validity of presidential election a person may file a petition in the supreme court to challenge the election of the president-elect within seven days after the date of the declaration of the results of the presidential election. within fourteen days after the filing of a petition under clause (1), the supreme court shall hear and determine the petition and its decision shall be final. if the supreme court determines the election of the president-elect to be invalid, a fresh election shall be held within sixty days after the determination. 141. assumption of office of president the swearing in of the president-elect shall be in public before the chief justice, or, in the absence of the chief justice, the deputy chief justice. the president-elect shall be sworn in on the first tuesday followingthe fourteenth day after the date of the declaration of the result of the presidential election, if no petition has been filed under article 140; or the seventh day following the date on which the court renders a decision declaring the election to be valid, if any petition has been filed under article 140. the president-elect assumes office by taking and subscribing the oath or affirmation of allegiance, and the oath or affirmation for the execution of the functions of office, as prescribed in the third schedule. parliament shall by legislation provide for the procedure and ceremony for the swearing-in of a president-elect. 142. term of office of president the president shall hold office for a term beginning on the date on which the president was sworn in, and ending when the person next elected president in accordance with article 136 (2) (a) is sworn in. a person shall not hold office as president for more than two terms. 143. protection from legal proceedings criminal proceedings shall not be instituted or continued in any court against the president or a person performing the functions of that office, during their tenure of office. civil proceedings shall not be instituted in any court against the president or the person performing the functions of that office during their tenure of office in respect of anything done or not done in the exercise of their powers under this constitution. where provision is made in law limiting the time within which proceedings under clause (1) or (2) may be brought against a person, a period of time during which the person holds or performs the functions of the office of the president shall not be taken into account in calculating the period of time prescribed by that law. the immunity of the president under this article shall not extend to a crime for which the president may be prosecuted under any treaty to which kenya is party and which prohibits such immunity. 144. removal of president on grounds of incapacity a member of the national assembly, supported by at least a quarter of all the members, may move a motion for the investigation of the president's physical or mental capacity to perform the functions of office. if a motion under clause (1) is supported by a majority of all the members of the national assemblythe speaker shall inform the chief justice of that resolution within two days; and the president shall continue to perform the functions of the office pending the outcome of the proceedings required by this article. within seven days after receiving notice of the resolution from the speaker, the chief justice shall appoint a tribunal consisting ofthree persons who are qualified to practise medicine under the laws of kenya, nominated by the body which by law is responsible for regulating the professional practice of medicine; one advocate of the high court nominated by the body which by law is responsible for regulating the professional practice of advocates; and one person nominated by the president. if the chief justice is unable to appoint a tribunal under clause (3), the deputy chief justice shall appoint such a tribunal. if the president is unable to nominate the person required to be nominated under clause (3) (c), the person shall be nominated bya member of the family of the president; or if no such member is willing or able to make the nomination, by a close relative of the president. the tribunal shall inquire into the matter and, within fourteen days after the appointment, report to the chief justice and to the speaker of the national assembly. the speaker shall cause the report of the tribunal to be tabled before the national assembly within seven days after receiving it. the report of the tribunal shall be final and not subject to appeal and if the tribunal reports that the president is capable of performing the functions of the office, the speaker of the national assembly shall so announce in the national assembly. if the tribunal reports that the president is incapable of performing the functions of the office, the national assembly shall vote on whether to ratify the report. if a majority of all the members of the national assembly vote in favour of ratifying the report, the president shall cease to hold office. 145. removal of president by impeachment a member of the national assembly, supported by at least a third of all the members, may move a motion for the impeachment of the presidenton the ground of a gross violation of a provision of this constitution or of any other law; where there are serious reasons for believing that the president has committed a crime under national or international law; or for gross misconduct. if a motion under clause (1) is supported by at least two-thirds of all the members of the national assemblythe speaker shall inform the speaker of the senate of that resolution within two days; and the president shall continue to perform the functions of the office pending the outcome of the proceedings required by this article. within seven days after receiving notice of a resolution from the speaker of the national assemblythe speaker of the senate shall convene a meeting of the senate to hear charges against the president; and the senate, by resolution, may appoint a special committee comprising eleven of its members to investigate the matter. a special committee appointed under clause (3) (b) shallinvestigate the matter; and report to the senate within ten days whether it finds the particulars of the allegations against the president to have been substantiated. the president shall have the right to appear and be represented before the special committee during its investigations. if the special committee reports that the particulars of any allegation against the presidenthave not been substantiated, further proceedings shall not be taken under this article in respect of that allegation; or have been substantiated, the senate shall, after according the president an opportunity to be heard, vote on the impeachment charges. if at least two-thirds of all the members of the senate vote to uphold any impeachment charge, the president shall cease to hold office. 146. vacancy in the office of president the office of president shall become vacant if the holder of the officedies; resigns, in writing, addressed to the speaker of the national assembly; or otherwise ceases to hold office under article 144 or 145 or under any other provision of this constitution. when a vacancy occurs in the office of presidentthe deputy president shall assume office as president for the remainder of the term of the president; or if the office of deputy president is vacant, or the deputy president is unable to assume the office of president, the speaker of the national assembly shall act as president and an election to the office of president shall be held within sixty days after the vacancy arose in the office of president. a person who assumes the office of president under clause (2) (a), or following an election required by clause (2) (b), shall, unless otherwise removed from office under this constitution, hold office until a newly elected president is sworn in following the next regularly scheduled election under article 136 (2) (a). if the deputy president assumes office as president under clause (2) (a), or a person is elected to the office of president under clause (2) (b), the deputy president, or the person elected, shall be deemed for the purposes of article 142 (2)to have served a full term as president if, at the date on which the person assumed office, more than two and a half years remain before the date of the next regularly scheduled election under article 136 (2) (a); or not to have served a term of office as president, in any other case. 147. functions of the deputy president the deputy president shall be the principal assistant of the president and shall deputise for the president in the execution of the president's functions. the deputy president shall perform the functions conferred by this constitution and any other functions of the president as the president may assign. subject to article 134, when the president is absent or is temporarily incapacitated, and during any other period that the president decides, the deputy president shall act as the president. the deputy president shall not hold any other state or public office. 148. election and swearing in of deputy president each candidate in a presidential election shall nominate a person who is qualified for nomination for election as president, as a candidate for deputy president. for the purposes of clause (1), there shall be no separate nomination process for the deputy president and article 137 (1) (d) shall not apply to a candidate for deputy president. the independent electoral and boundaries commission shall declare the candidate nominated by the person who is elected as the president to be elected as the deputy president. the swearing in of the deputy president-elect shall be before the chief justice or, in the absence of the chief justice, the deputy chief justice and in public. the deputy president-elect assumes office by taking and subscribingthe oath or affirmation of allegiance; and the oath or affirmation for the execution of the functions of office, as prescribed in the third schedule. the term of office of the deputy president shall run from the date of the swearing in of the deputy president, and shall endwhen the person next elected president at an election under article 136 (2) (a) is sworn in; on the deputy president assuming the office of president; or on resignation, death or removal from office of the deputy president. the deputy president may resign from office at any time by notice, in writing, addressed to the president and the resignation shall take effect on the date and at the time specified in the notice, if any, or if a date is not specified, at noon on the day after the notice is delivered. a person shall not hold office as deputy president for more than two terms. 149. vacancy in the office of deputy president within fourteen days after a vacancy in the office of deputy president arises, the president shall nominate a person to fill the vacancy, and the national assembly shall vote on the nomination within sixty days after receiving it. if a person assumes office as deputy president under clause (1), then, for the purposes of article 148 (8), the person shall be deemedto have served a full term as deputy president if, at the date on which the person assumed office, more than two and a half years remain before the date of the next regularly scheduled election under article 136 (2) (a); or not to have served a term of office as deputy president, in any other case. 150. removal of deputy president the deputy president may be removed from officeon the ground of physical or mental incapacity to perform the functions of the office; or on impeachmenton the ground of a gross violation of a provision of this constitution or any other law; where there are serious reasons to believe that the deputy president has committed a crime under national or international law; or for gross misconduct. the provisions of articles 144 and 145 relating to the removal of the president shall apply, with the necessary modifications, to the removal of the deputy president. 151. remuneration and benefits of president and deputy president the remuneration and benefits payable to the president and the deputy president shall be a charge on the consolidated fund. the remuneration, benefits and privileges of the president and deputy president shall not be varied to their disadvantage while in office. the retirement benefits payable to a former president and a former deputy president, the facilities available to and the privileges enjoyed by them, shall not be varied to their disadvantage during their lifetime. part 3. the cabinet 152. cabinet the cabinet consists ofthe president; the deputy president; the attorney-general; and not fewer than fourteen and not more than twenty-two cabinet secretaries. the president shall nominate and, with the approval of the national assembly, appoint cabinet secretaries. a cabinet secretary shall not be a member of parliament. each person appointed as a cabinet secretaryassumes office by swearing or affirming faithfulness to the people and the republic of kenya and obedience to this constitution, before the president and in accordance with the third schedule; and may resign by delivering a written statement of resignation to the president. the presidentmay re-assign a cabinet secretary; may dismiss a cabinet secretary; and shall dismiss a cabinet secretary if required to do so by a resolution adopted under clauses (6) to (10). a member of the national assembly, supported by at least one-quarter of all the members of the assembly, may propose a motion requiring the president to dismiss a cabinet secretaryon the ground of a gross violation of a provision of this constitution or of any other law; where there are serious reasons for believing that the cabinet secretary has committed a crime under national or international law; or for gross misconduct. if a motion under clause (6) is supported by at least one-third of the members of the national assemblythe assembly shall appoint a select committee comprising eleven of its members to investigate the matter; and the select committee shall, within ten days, report to the assembly whether it finds the allegations against the cabinet secretary to be substantiated. the cabinet secretary has the right to appear and be represented before the select committee during its investigations. if the select committee reports that it finds the allegations unsubstantiated, no further proceedings shall be taken; or substantiated, the national assembly shallafford the cabinet secretary an opportunity to be heard; and vote whether to approve the resolution requiring the cabinet secretary to be dismissed. if a resolution under clause (9) (b) (ii) requiring the president to dismiss a cabinet secretary is supported by a majority of the members of the national assemblythe speaker shall promptly deliver the resolution to the president; and the president shall dismiss the cabinet secretary. 153. decisions, responsibility and accountability of the cabinet a decision by the cabinet shall be in writing. cabinet secretaries are accountable individually, and collectively, to the president for the exercise of their powers and the performance of their functions. a cabinet secretary shall attend before a committee of the national assembly, or the senate, when required by the committee, and answer any question concerning a matter for which the cabinet secretary is responsible. cabinet secretaries shallact in accordance with this constitution; and provide parliament with full and regular reports concerning matters under their control. 154. secretary to the cabinet there is established the office of secretary to the cabinet, which is an office in the public service. the secretary to the cabinet shallbe nominated and, with the approval of the national assembly, appointed by the president; and may be dismissed by the president. the secretary to the cabinet shallhave charge of the cabinet office; be responsible, subject to the directions of the cabinet, for arranging the business, and keeping the minutes, of the cabinet; convey the decisions of the cabinet to the appropriate persons or authorities; and have other functions as directed by the cabinet. the secretary to the cabinet may resign from office by giving notice, in writing, to the president. 155. principal secretaries there is established the office of principal secretary, which is an office in the public service. each state department shall be under the administration of a principal secretary. the president shallnominate a person for appointment as principal secretary from among persons recommended by the public service commission; and with the approval of the national assembly, appoint principal secretaries. the president may re-assign a principal secretary. a principal secretary may resign from office by giving notice, in writing, to the president. part 4. other offices 156. attorney-general there is established the office of attorney-general. the attorney-general shall be nominated by the president and, with the approval of the national assembly, appointed by the president. the qualifications for appointment as attorney-general are the same as for appointment to the office of chief justice. the attorney-generalis the principal legal adviser to the government; shall represent the national government in court or in any other legal proceedings to which the national government is a party, other than criminal proceedings; and shall perform any other functions conferred on the office by an act of parliament or by the president. the attorney-general shall have authority, with the leave of the court, to appear as a friend of the court in any civil proceedings to which the government is not a party. the attorney-general shall promote, protect and uphold the rule of law and defend the public interest. the powers of the attorney-general may be exercised in person or by subordinate officers acting in accordance with general or special instructions. 157. director of public prosecutions there is established the office of director of public prosecutions. the director of public prosecutions shall be nominated and, with the approval of the national assembly, appointed by the president. the qualifications for appointment as director of public prosecutions are the same as for the appointment as a judge of the high court. the director of public prosecutions shall have power to direct the inspector-general of the national police service to investigate any information or allegation of criminal conduct and the inspector-general shall comply with any such direction. the director of public prosecutions shall hold office for a term of eight years and shall not be eligible for re-appointment. the director of public prosecutions shall exercise state powers of prosecution and mayinstitute and undertake criminal proceedings against any person before any court (other than a court martial) in respect of any offence alleged to have been committed; take over and continue any criminal proceedings commenced in any court (other than a court martial) that have been instituted or undertaken by another person or authority, with the permission of the person or authority; and subject to clause (7) and (8), discontinue at any stage before judgment is delivered any criminal proceedings instituted by the director of public prosecutions or taken over by the director of public prosecutions under paragraph (b). if the discontinuance of any proceedings under clause (6) (c) takes place after the close of the prosecution's case, the defendant shall be acquitted. the director of public prosecutions may not discontinue a prosecution without the permission of the court. the powers of the director of public prosecutions may be exercised in person or by subordinate officers acting in accordance with general or special instructions. the director of public prosecutions shall not require the consent of any person or authority for the commencement of criminal proceedings and in the exercise of his or her powers or functions, shall not be under the direction or control of any person or authority. in exercising the powers conferred by this article, the director of public prosecutions shall have regard to the public interest, the interests of the administration of justice and the need to prevent and avoid abuse of the legal process. parliament may enact legislation conferring powers of prosecution on authorities other than the director of public prosecutions. 158. removal and resignation of director of public prosecutions the director of public prosecutions may be removed from office only on the grounds ofinability to perform the functions of office arising from mental or physical incapacity; non-compliance with chapter six; bankruptcy; incompetence; or gross misconduct or misbehaviour. a person desiring the removal of the director of public prosecutions may present a petition to the public service commission which, shall be in writing, setting out the alleged facts constituting the grounds for the removal of the director. the public service commission shall consider the petition and, if it is satisfied that it discloses the existence of a ground under clause (1), it shall send the petition to the president. on receipt and examination of the petition, the president shall, within fourteen days, suspend the director of public prosecutions from office pending action by the president in accordance with clause (5) and shall, acting in accordance with the advice of the public service commission, appoint a tribunal consisting offour members from among persons who hold or have held office as a judge of a superior court, or who are qualified to be appointed as such; one advocate of at least fifteen years' standing nominated by the statutory body responsible for the professional regulation of advocates; and two other persons with experience in public affairs. the tribunal shall inquire into the matter expeditiously and report on the facts and make recommendations to the president, who shall act in accordance with the recommendations of the tribunal. a director of public prosecutions who is suspended from office under clause (4) shall be entitled to half of their remuneration until removed from, or reinstated in, office. a tribunal appointed under clause (4) shall elect a chairperson from among its members. a tribunal appointed under clause (4) shall be responsible for the regulation of its proceedings. the director of public prosecutions may resign from office by giving notice, in writing, to the president. chapter 10. judiciary part 1. judicial authority and legal system 159. judicial authority judicial authority is derived from the people and vests in, and shall be exercised by, the courts and tribunals established by or under this constitution. in exercising judicial authority, the courts and tribunals shall be guided by the following principlesjustice shall be done to all, irrespective of status; justice shall not be delayed; alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms shall be promoted, subject to clause(3); justice shall be administered without undue regard to procedural technicalities; and the purpose and principles of this constitution shall be protected and promoted. traditional dispute resolution mechanisms shall not be used in a way thatcontravenes the bill of rights; is repugnant to justice and morality or results in outcomes that are repugnant to justice or morality; or is inconsistent with this constitution or any written law. 160. independence of the judiciary in the exercise of judicial authority, the judiciary, as constituted by article 161, shall be subject only to this constitution and the law and shall not be subject to the control or direction of any person or authority. the office of a judge of a superior court shall not be abolished while there is a substantive holder of the office. the remuneration and benefits payable to or in respect of judges shall be a charge on the consolidated fund. subject to article 168(6), the remuneration and benefits payable to, or in respect of, a judge shall not be varied to the disadvantage of that judge, and the retirement benefits of a retired judge shall not be varied to the disadvantage of the retired judge during the lifetime of that retired judge. a member of the judiciary is not liable in an action or suit in respect of anything done or omitted to be done in good faith in the lawful performance of a judicial function. 161. judicial offices and officers the judiciary consists of the judges of the superior courts, magistrates, other judicial officers and staff. there is established the office ofchief justice, who shall be the head of the judiciary; deputy chief justice, who shall be the deputy head of the judiciary; and chief registrar of the judiciary, who shall be the chief administrator and accounting officer of the judiciary. the judicial service commission may establish other offices of registrar as may be necessary. 162. system of courts the superior courts are the supreme court, the court of appeal, the high court and the courts mentioned in clause (2). parliament shall establish courts with the status of the high court to hear and determine disputes relating toemployment and labour relations; and the environment and the use and occupation of, and title to, land. parliament shall determine the jurisdiction and functions of the courts contemplated in clause (2). the subordinate courts are the courts established under article 169, or by parliament in accordance with that article. part 2. superior courts 163. supreme court there is established the supreme court, which shall consists ofthe chief justice, who shall be the president of the court; the deputy chief justice, who shalldeputise for the chief justice; and be the vice-president of the court; and five other judges. the supreme court shall be properly constituted for the purposes of its proceedings if it is composed of five judges. the supreme court shall haveexclusive original jurisdiction to hear and determine disputes relating to the elections to the office of president arising under article 140; and subject to clause (4) and (5), appellate jurisdiction to hear and determine appeals fromthe court of appeal; and any other court or tribunal as prescribed by national legislation. appeals shall lie from the court of appeal to the supreme courtas of right in any case involving the interpretation or application of this constitution; and in any other case in which the supreme court, or the court of appeal, certifies that a matter of general public importance is involved, subject to clause (5). a certification by the court of appeal under clause (4) (b) may be reviewed by the supreme court, and either affirmed, varied or overturned. the supreme court may give an advisory opinion at the request of the national government, any state organ, or any county government with respect to any matter concerning county government. all courts, other than the supreme court, are bound by the decisions of the supreme court. the supreme court shall make rules for the exercise of its jurisdiction. an act of parliament may make further provision for the operation of the supreme court. 164. court of appeal there is established the court of appeal, whichshall consist of the number of judges, being not fewer than twelve, as may be prescribed by an act of parliament; and shall be organised and administered in the manner prescribed by an act of parliament. there shall be a president of the court of appeal who shall be elected by the judges of the court of appeal from among themselves. the court of appeal has jurisdiction to hear appeals fromthe high court; and any other court or tribunal as prescribed by an act of parliament. 165. high court there is established the high court, whichshall consist of the number of judges prescribed by an act of parliament; and shall be organised and administered in the manner prescribed by an act of parliament. there shall be a principal judge of the high court, who shall be elected by the judges of the high court from among themselves. subject to clause (5), the high court shall haveunlimited original jurisdiction in criminal and civil matters; jurisdiction to determine the question whether a right or fundamental freedom in the bill of rights has been denied, violated, infringed or threatened; jurisdiction to hear an appeal from a decision of a tribunal appointed under this constitution to consider the removal of a person from office, other than a tribunal appointed under article 144; jurisdiction to hear any question respecting the interpretation of this constitution including the determination ofthe question whether any law is inconsistent with or in contravention of this constitution; the question whether anything said to be done under the authority of this constitution or of any law is inconsistent with, or in contravention of, this constitution; any matter relating to constitutional powers of state organs in respect of county governments and any matter relating to the constitutional relationship between the levels of government; and a question relating to conflict of laws under article 191; and any other jurisdiction, original or appellate, conferred on it by legislation. any matter certified by the court as raising a substantial question of law under clause (3) (b) or (d) shall be heard by an uneven number of judges, being not less than three, assigned by the chief justice. the high court shall not have jurisdiction in respect of mattersreserved for the exclusive jurisdiction of the supreme court under this constitution; or falling within the jurisdiction of the courts contemplated in article 162 (2). the high court has supervisory jurisdiction over the subordinate courts and over any person, body or authority exercising a judicial or quasi-judicial function, but not over a superior court. for the purposes of clause (6), the high court may call for the record of any proceedings before any subordinate court or person, body or authority referred to in clause (6), and may make any order or give any direction it considers appropriate to ensure the fair administration of justice. 166. appointment of chief justice, deputy chief justice and other judges the president shall appointthe chief justice and the deputy chief justice, in accordance with the recommendation of the judicial service commission, and subject to the approval of the national assembly; and all other judges, in accordance with the recommendation of the judicial service commission. each judge of a superior court shall be appointed from among persons whohold a law degree from a recognised university, or are advocates of the high court of kenya, or possess an equivalent qualification in a common-law jurisdiction; possess the experience required under clause (3) to (6) as applicable, irrespective of whether that experience was gained in kenya or in another commonwealth common-law jurisdiction; and have a high moral character, integrity and impartiality. the chief justice and other judges of the supreme court shall be appointed from among persons who haveat least fifteen years experience as a superior court judge; or at least fifteen years' experience as a distinguished academic, judicial officer, legal practitioner or such experience in other relevant legal field; or held the qualifications mentioned in paragraphs (a) and (b) for a period amounting, in the aggregate, to fifteen years; each judge of the court of appeal shall be appointed from among persons who haveat least ten years' experience as a superior court judge; or at least ten years' experience as a distinguished academic or legal practitioner or such experience in other relevant legal field; or held the qualifications mentioned in paragraphs (a) and (b) for a period amounting, in the aggregate, to ten years. each judge of the high court shall be appointed from among persons who haveat least ten years' experience as a superior court judge or professionally qualified magistrate; or at least ten years' experience as a distinguished academic or legal practitioner or such experience in other relevant legal field; or held the qualifications specified in paragraphs (a) and (b) for a period amounting, in the aggregate, to ten years. 167. tenure of office of the chief justice and other judges a judge shall retire from office on attaining the age of seventy years, but may elect to retire at any time after attaining the age of sixty-five years. the chief justice shall hold office for a maximum of ten years or until retiring under clause (1), whichever is the earlier. if the chief justice's term of office expires before the chief justice retires under clause (1), the chief justice may continue in office as a judge of the supreme court. if, on the expiry of the term of office of a chief justice, the chief justice opts to remain on the supreme court under clause (3), the next person appointed as chief justice may be selected in accordance with article 166 (1), even though that appointment may result in there being more than the maximum permitted number of supreme court judges holding office. the chief justice and any other judge may resign from office by giving notice, in writing, to the president. 168. removal from office a judge of a superior court may be removed from office only on the grounds ofinability to perform the functions of office arising from mental or physical incapacity; a breach of a code of conduct prescribed for judges of the superior courts by an act of parliament; bankruptcy; incompetence; or gross misconduct or misbehaviour. the removal of a judge may be initiated only by the judicial service commission acting on its own motion, or on the petition of any person to the judicial service commission. a petition by a person to the judicial service commission under clause (2) shall be in writing, setting out the alleged facts constituting the grounds for the judges removal. the judicial service commission shall consider the petition and, if it is satisfied that the petition discloses a ground for removal under clause (1), send the petition to the president. the president shall, within fourteen days after receiving the petition, suspend the judge from office and, acting in accordance with the recommendation of the judicial service commissionin the case of the chief justice, appoint a tribunal consisting ofthe speaker of the national assembly, as chairperson; three superior court judges from common-law jurisdictions; one advocate of fifteen years standing; and two other persons with experience in public affairs; or in the case of a judge other than the chief justice, appoint a tribunal consisting ofa chairperson and three other members from among persons who hold or have held office as a judge of a superior court, or who are qualified to be appointed as such but who, in either case, have not been members of the judicial service commission at any time within the immediately preceding three years; one advocate of fifteen years standing; and two other persons with experience in public affairs. despite article 160 (4), the remuneration and benefits payable to a judge who is suspended from office under clause (5) shall be adjusted to one half until such time as the judge is removed from, or reinstated in, office. a tribunal appointed under clause (5) shallbe responsible for the regulation of its proceedings, subject to any legislation contemplated in clause (10); and inquire into the matter expeditiously and report on the facts and make binding recommendations to the president. a judge who is aggrieved by a decision of the tribunal under this article may appeal against the decision to the supreme court, within ten days after the tribunal makes its recommendations. the president shall act in accordance with the recommendations made by the tribunal on the later ofthe expiry of the time allowed for an appeal under clause (8), if no such appeal is taken; or the completion of all rights of appeal in any proceedings allowed for under clause (8), if such an appeal is taken and the final order in the matter affirms the tribunal's recommendations. parliament shall enact legislation providing for the procedure of a tribunal appointed under this article. part 3. subordinate courts 169. subordinate courts the subordinate courts arethe magistrates courts; the kadhis' courts; the courts martial; and any other court or local tribunal as may be established by an act of parliament, other than the courts established as required by article 162 (2). parliament shall enact legislation conferring jurisdiction, functions and powers on the courts established under clause (1). 170. kadhisâ�� courts there shall be a chief kadhi and such number, being not fewer than three, of other kadhis as may be prescribed under an act of parliament. a person shall not be qualified to be appointed to hold or act in the office of kadhi unless the personprofesses the muslim religion; and possesses such knowledge of the muslim law applicable to any sects of muslims as qualifies the person, in the opinion of the judicial service commission, to hold a kadhi's court. parliament shall establish kadhis' courts, each of which shall have the jurisdiction and powers conferred on it by legislation, subject to clause (5). the chief kadhi and the other kadhis, or the chief kadhi and such of the other kadhis (not being fewer than three in number) as may be prescribed under an act of parliament, shall each be empowered to hold a kadhi's court having jurisdiction within kenya. the jurisdiction of a kadhis' court shall be limited to the determination of questions of muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the muslim religion and submit to the jurisdiction of the kadhi's courts. part 4. judicial service commission 171. establishment of the judicial service commission there is established the judicial service commission. the commission shall consist ofthe chief justice, who shall be the chairperson of the commission; one supreme court judge elected by the judges of the supreme court; one court of appeal judge elected by the judges of the court of appeal; one high court judge and one magistrate, one a woman and one a man, elected by the members of the association of judges and magistrates; the attorney-general; two advocates, one a woman and one a man, each of whom has at least fifteen years' experience, elected by the members of the statutory body responsible for the professional regulation of advocates; one person nominated by the public service commission; and one woman and one man to represent the public, not being lawyers, appointed by the president with the approval of the national assembly. the chief registrar of the judiciary shall be the secretary to the commission. members of the commission, apart from the chief justice and the attorney-general, shall hold office, provided that they remain qualified, for a term of five years and shall be eligible to be nominated for one further term of five years. 172. functions of the judicial service commission the judicial service commission shall promote and facilitate the independence and accountability of the judiciary and the efficient, effective and transparent administration of justice and shallrecommend to the president persons for appointment as judges; review and make recommendations on the conditions of service ofjudges and judicial officers, other than their remuneration; and the staff of the judiciary; appoint, receive complaints against, investigate and remove from office or otherwise discipline registrars, magistrates, other judicial officers and other staff of the judiciary, in the manner prescribed by an act of parliament; prepare and implement programmes for the continuing education and training of judges and judicial officers; and advise the national government on improving the efficiency of the administration of justice. in the performance of its functions, the commission shall be guided by the followingcompetitiveness and transparent processes of appointment of judicial officers and other staff of the judiciary; and the promotion of gender equality. 173. judiciary fund there is established a fund to be known as the judiciary fund which shall be administered by the chief registrar of the judiciary. the fund shall be used for administrative expenses of the judiciary and such other purposes as may be necessary for the discharge of the functions of the judiciary. each financial year, the chief registrar shall prepare estimates of expenditure for the following year, and submit them to the national assembly for approval. on approval of the estimates by the national assembly, the expenditure of the judiciary shall be a charge on the consolidated fund and the funds shall be paid directly into the judiciary fund. parliament shall enact legislation to provide for the regulation of the fund. chapter 11. devolved government part 1. objects and principles of devolved government 174. objects of devolution the objects of the devolution of government areto promote democratic and accountable exercise of power; to foster national unity by recognising diversity; to give powers of self-governance to the people and enhance the participation of the people in the exercise of the powers of the state and in making decisions affecting them; to recognise the right of communities to manage their own affairs and to further their development; to protect and promote the interests and rights of minorities and marginalised communities; to promote social and economic development and the provision of proximate, easily accessible services throughout kenya; to ensure equitable sharing of national and local resources throughout kenya; to facilitate the decentralisation of state organs, their functions and services, from the capital of kenya; and to enhance checks and balances and the separation of powers. 175. principles of devolved government county governments established under this constitution shall reflect the following principlescounty governments shall be based on democratic principles and the separation of powers; county governments shall have reliable sources of revenue to enable them to govern and deliver services effectively; and no more than two-thirds of the members of representative bodies in each county government shall be of the same gender. part 2. county governments 176. county governments there shall be a county government for each county, consisting of a county assembly and a county executive. every county government shall decentralise its functions and the provision of its services to the extent that it is efficient and practicable to do so. 177. membership of county assembly a county assembly consists ofmembers elected by the registered voters of the wards, each ward constituting a single member constituency, on the same day as a general election of members of parliament, being the second tuesday in august, in every fifth year; the number of special seat members necessary to ensure that no more than two-thirds of the membership of the assembly are of the same gender; the number of members of marginalised groups, including persons with disabilities and the youth, prescribed by an act of parliament; and the speaker, who is an ex officio member. the members contemplated in clause (1) (b) and (c) shall, in each case, be nominated by political parties in proportion to the seats received in that election in that county by each political party under paragraph (a) in accordance with article 90. the filling of special seats under clause (1) (b) shall be determined after declaration of elected members from each ward. a county assembly is elected for a term of five years. 178. speaker of a county assembly each county assembly shall have a speaker elected by the county assembly from among persons who are not members of the assembly. a sitting of the county assembly shall be presided over bythe speaker of the assembly; or in the absence of the speaker, another member of the assembly elected by the assembly. parliament shall enact legislation providing for the election and removal from office of speakers of the county assemblies. 179. county executive committees the executive authority of the county is vested in, and exercised by, a county executive committee. the county executive committee consists ofthe county governor and the deputy county governor; and members appointed by the county governor, with the approval of the assembly, from among persons who are not members of the assembly. the number of members appointed under clause (2) (b) shall not exceedone-third of the number of members of the county assembly, if the assembly has less than thirty members; or ten, if the assembly has thirty or more members. the county governor and the deputy county governor are the chief executive and deputy chief executive of the county, respectively. when the county governor is absent, the deputy county governor shall act as the county governor. members of a county executive committee are accountable to the county governor for the performance of their functions and exercise of their powers. if a vacancy arises in the office of the county governor, the members of the county executive committee appointed under clause (2) (b) cease to hold office. 180. election of county governor and deputy county governor the county governor shall be directly elected by the voters registered in the county, on the same day as a general election of members of parliament, being the second tuesday in august, in every fifth year. to be eligible for election as county governor, a person must be eligible for election as a member of the county assembly. if only one candidate for county governor is nominated, that candidate shall be declared elected. if two or more candidates are nominated, an election shall be held in the county and the candidate who receives the greatest number of votes shall be declared elected. each candidate for election as county governor shall nominate a person who is qualified for nomination for election as county governor as a candidate for deputy governor. the independent electoral and boundaries commission shall not conduct a separate election for the deputy governor but shall declare the candidate nominated by the person who is elected county governor to have been elected as the deputy governor. a person shall not hold officeas a county governor for more than two terms; or as a deputy county governor for more than two terms. for the purposes of clause (7), a person who has assumed the office of county governor shall be deemed to have served a full term, subject only to article 182 (3) (b). 181. removal of a county governor a county governor may be removed from office on any of the following groundsgross violation of this constitution or any other law; where there are serious reasons for believing that the county governor has committed a crime under national or international law; abuse of office or gross misconduct; or physical or mental incapacity to perform the functions of office of county governor. parliament shall enact legislation providing for the procedure of removal of a county governor on any of the grounds mentioned in clause (1). 182. vacancy in the office of county governor the office of the county governor shall become vacant if the holder of the officedies; resigns, in writing, addressed to the speaker of the county assembly; ceases to be eligible to be elected county governor under article 180 (2); is convicted of an offence punishable by imprisonment for at least twelve months; or is removed from office under this constitution. if a vacancy occurs in the office of county governor, the deputy county governor shall assume office as county governor for the remainder of the term of the county governor. if a person assumes office as county governor under clause (2), the person shall be deemed for the purposes of article 180 (7)to have served a full term as county governor if, at the date on which the person assumed office, more than two and a half years remain before the date of the next regularly scheduled election under article 180 (1); or not to have served a term of office as county governor, in any other case. if a vacancy occurs in the office of county governor and that of deputy county governor, or if the deputy county governor is unable to act, the speaker of the county assembly shall act as county governor. if a vacancy occurs in the circumstances contemplated by clause (4), an election to the office of county governor shall be held within sixty days after the speaker assumes the office of county governor. a person who assumes the office of county governor under this article shall, unless otherwise removed from office under this constitution, hold office until the newly elected county governor assumes office following the next election held under article 180 (1). 183. functions of county executive committees a county executive committee shallimplement county legislation; implement, within the county, national legislation to the extent that the legislation so requires; manage and coordinate the functions of the county administration and its departments; and perform any other functions conferred on it by this constitution or national legislation. a county executive committee may prepare proposed legislation for consideration by the county assembly. the county executive committee shall provide the county assembly with full and regular reports on matters relating to the county. 184. urban areas and cities national legislation shall provide for the governance and management of urban areas and cities and shall, in particularestablish criteria for classifying areas as urban areas and cities, establish the principles of governance and management of urban areas and cities; and provide for participation by residents in the governance of urban areas and cities. national legislation contemplated in clause (1) may include mechanisms for identifying different categories of urban areas and cities, and for their governance. 185. legislative authority of county assemblies the legislative authority of a county is vested in, and exercised by, its county assembly. a county assembly may make any laws that are necessary for, or incidental to, the effective performance of the functions and exercise of the powers of the county government under the fourth schedule. a county assembly, while respecting the principle of the separation of powers, may exercise oversight over the county executive committee and any other county executive organs. a county assembly may receive and approve plans and policies forthe management and exploitation of the county's resources; and the development and management of its infrastructure and institutions. part 3. functions and powers of county governments 186. respective functions and powers of national and county governments except as otherwise provided by this constitution, the functions and powers of the national government and the county governments, respectively, are as set out in the fourth schedule. a function or power that is conferred on more than one level of government is a function or power within the concurrent jurisdiction of each of those levels of government. a function or power not assigned by this constitution or national legislation to a county is a function or power of the national government. for greater certainty, parliament may legislate for the republic on any matter. 187. transfer of functions and powers between levels of government a function or power of government at one level may be transferred to a government at the other level by agreement between the governments ifthe function or power would be more effectively performed or exercised by the receiving government; and the transfer of the function or power is not prohibited by the legislation under which it is to be performed or exercised. if a function or power is transferred from a government at one level to a government at the other levelarrangements shall be put in place to ensure that the resources necessary for the performance of the function or exercise of the power are transferred; and constitutional responsibility for the performance of the function or exercise of the power shall remain with the government to which it is assigned by the fourth schedule. part 4. the boundaries of counties 188. boundaries of counties the boundaries of a county may be altered only by a resolutionrecommended by an independent commission set up for that purpose by parliament; and passed bythe national assembly, with the support of at least two-thirds of all of the members of the assembly; and the senate, with the support of at least two-thirds of all of the county delegations. the boundaries of a county may be altered to take into accountpopulation density and demographic trends; physical and human infrastructure; historical and cultural ties; the cost of administration; the views of the communities affected; the objects of devolution of government; and geographical features. part 5. relationships between governments 189. cooperation between national and county governments government at either level shallperform its functions, and exercise its powers, in a manner that respects the functional and institutional integrity of government at the other level, and respects the constitutional status and institutions of government at the other level and, in the case of county government, within the county level; assist, support and consult and, as appropriate, implement the legislation of the other level of government; and liaise with government at the other level for the purpose of exchanging information, coordinating policies and administration and enhancing capacity. government at each level, and different governments at the county level, shall co-operate in the performance of functions and exercise of powers and, for that purpose, may set up joint committees and joint authorities. in any dispute between governments, the governments shall make every reasonable effort to settle the dispute, including by means of procedures provided under national legislation. national legislation shall provide procedures for settling intergovernmental disputes by alternative dispute resolution mechanisms, including negotiation, mediation and arbitration. 190. support for county governments parliament shall by legislation ensure that county governments have adequate support to enable them to perform their functions. county governments shall operate financial management systems that comply with any requirements prescribed by national legislation. parliament shall, by legislation, provide for intervention by the national government if a county governmentis unable to perform its functions; or does not operate a financial management system that complies with the requirements prescribed by national legislation. legislation under clause (3) may, in particular, authorise the national governmentto take appropriate steps to ensure that the county government's functions are performed and that it operates a financial management system that complies with the prescribed requirements; and if necessary, to assume responsibility for the relevant functions. the legislation under clause (3) shallrequire notice to be given to a county government of any measures that the national government intends to take; permit the national government to take only measures that are necessary; require the national government, when it intervenes, to take measures that will assist the county government to resume full responsibility for its functions; and provide for a process by which the senate may bring the intervention by the national government to an end. 191. conflict of laws this article applies to conflicts between national and county legislation in respect of matters falling within the concurrent jurisdiction of both levels of government. national legislation prevails over county legislation ifthe national legislation applies uniformly throughout kenya and any of the conditions specified in clause (3) is satisfied; or the national legislation is aimed at preventing unreasonable action by a county thatis prejudicial to the economic, health or security interests of kenya or another county; or impedes the implementation of national economic policy. the following are the conditions referred to in clause (2) (a)the national legislation provides for a matter that cannot be regulated effectively by legislation enacted by the individual counties; the national legislation provides for a matter that, to be dealt with effectively, requires uniformity across the nation, and the national legislation provides that uniformity by establishingnorms and standards; or national policies; or the national legislation is necessary forthe maintenance of national security; the maintenance of economic unity; the protection of the common market in respect of the mobility of goods, services, capital and labour; the promotion of economic activities across county boundaries; the promotion of equal opportunity or equal access to government services; or the protection of the environment. county legislation prevails over national legislation if neither of the circumstances contemplated in clause (2) apply. in considering an apparent conflict between legislation of different levels of government, a court shall prefer a reasonable interpretation of the legislation that avoids a conflict to an alternative interpretation that results in conflict. a decision by a court that a provision of legislation of one level of government prevails over a provision of legislation of another level of government does not invalidate the other provision, but the other provision is inoperative to the extent of the inconsistency. part 6. suspension of county governments 192. suspension of a county government the president may suspend a county governmentin an emergency arising out of internal conflict or war; or in any other exceptional circumstances. a county government shall not be suspended under clause (1) (b) unless an independent commission of inquiry has investigated allegations against the county government, the president is satisfied that the allegations are justified and the senate has authorised the suspension. during a suspension under this article, arrangements shall be made for the performance of the functions of a county government in accordance with an act of parliament. the senate may at any time terminate the suspension. a suspension under this article shall not extend beyond a period of ninety days. on the expiry of the period provided for under clause (5), elections for the relevant county government shall be held. part 7. general 193. qualifications for election as member of county assembly unless disqualified under clause (2), a person is eligible for election as a member of a county assembly if the personis registered as a voter; satisfies any educational, moral and ethical requirements prescribed by this constitution or an act of parliament; and is eithernominated by a political party; or an independent candidate supported by at least five hundred registered voters in the ward concerned. a person is disqualified from being elected a member of a county assembly if the personis a state officer or other public officer, other than a member of the county assembly; has, at any time within the five years immediately before the date of election, held office as a member of the independent electoral and boundaries commission; has not been a citizen of kenya for at least the ten years immediately preceding the date of election; is of unsound mind; is an undischarged bankrupt; is serving a sentence of imprisonment of at least six months; or has been found, in accordance with any law, to have misused or abused a state office or public office or to have contravened chapter six. a person is not disqualified under clause (2) unless all possibility of appeal or review of the relevant sentence or decision has been exhausted. 194. vacation of office of member of county assembly the office of a member of a county assembly becomes vacantif the member dies; if the member is absent from eight sittings of the assembly without permission, in writing, of the speaker of the assembly, and is unable to offer satisfactory explanation for the absence; if the member is removed from office under this constitution or legislation enacted under article 80; if the member resigns in writing addressed to the speaker of the assembly; if, having been elected to the assemblyas a member of a political party, the member resigns from the party, or is deemed to have resigned from the party as determined in accordance with the legislation contemplated in clause (2); or as an independent candidate, the member joins a political party; at the end of the term of the assembly; or if the member becomes disqualified for election on grounds specified in article 193 (2). parliament shall enact legislation providing for the circumstances under which a member of a political party shall be deemed, for the purposes of clause (1) (e), to have resigned from the party. 195. county assembly power to summon witnesses a county assembly or any of its committees has power to summon any person to appear before it for the purpose of giving evidence or providing information. for the purposes of clause (1), an assembly has the same powers as the high court toenforce the attendance of witnesses and examining them on oath, affirmation or otherwise; compel the production of documents; and issue a commission or request to examine witnesses abroad. 196. public participation and county assembly powers, privileges and immunities a county assembly shallconduct its business in an open manner, and hold its sittings and those of its committees, in public; and facilitate public participation and involvement in the legislative and other business of the assembly and its committees. a county assembly may not exclude the public, or any media, from any sitting unless in exceptional circumstances the speaker has determined that there are justifiable reasons for doing so. parliament shall enact legislation providing for the powers, privileges and immunities of county assemblies, their committees and members. 197. county assembly gender balance and diversity not more than two-thirds of the members of any county assembly or county executive committee shall be of the same gender. parliament shall enact legislation toensure that the community and cultural diversity of a county is reflected in its county assembly and county executive committee; and prescribe mechanisms to protect minorities within counties. 198. county government during transition while an election is being held to constitute a county assembly under this chapter, the executive committee of the county, as last constituted remains competent to perform administrative functions until a new executive committee is constituted after the election. 199. publication of county legislation county legislation does not take effect unless published in the gazette. national and county legislation may prescribe additional requirements in respect of the publication of county legislation. 200. legislation on chapter parliament shall enact legislation providing for all matters necessary or convenient to give effect to this chapter. in particular, provision may be made with respect tothe governance of the capital city, other cities and urban areas; the transfer of functions and powers by one level of government to another, including the transfer of legislative powers from the national government to county governments; the manner of election or appointment of persons to, and their removal from, offices in county governments, including the qualifications of voters and candidates; the procedure of assemblies and executive committees including the chairing and frequency of meetings, quorums and voting; and the suspension of assemblies and executive committees. chapter 12. public finance part 1. principles and framework of public finance 201. principles of public finance the following principles shall guide all aspects of public finance in the republicthere shall be openness and accountability, including public participation in financial matters; the public finance system shall promote an equitable society, and in particularthe burden of taxation shall be shared fairly; revenue raised nationally shall be shared equitably among national and county governments; and expenditure shall promote the equitable development of the country, including by making special provision for marginalised groups and areas; the burdens and benefits of the use of resources and public borrowing shall be shared equitably between present and future generations; public money shall be used in a prudent and responsible way; and financial management shall be responsible, and fiscal reporting shall be clear. 202. equitable sharing of national revenue revenue raised nationally shall be shared equitably among the national and county governments. county governments may be given additional allocations from the national government's share of the revenue, either conditionally or unconditionally. 203. equitable share and other financial laws the following criteria shall be taken into account in determining the equitable shares provided for under article 202 and in all national legislation concerning county government enacted in terms of this chapterthe national interest; any provision that must be made in respect of the public debt and other national obligations; the needs of the national government, determined by objective criteria; the need to ensure that county governments are able to perform the functions allocated to them; the fiscal capacity and efficiency of county governments; developmental and other needs of counties; economic disparities within and among counties and the need to remedy them; the need for affirmative action in respect of disadvantaged areas and groups; the need for economic optimisation of each county and to provide incentives for each county to optimise its capacity to raise revenue; the desirability of stable and predictable allocations of revenue; and the need for flexibility in responding to emergencies and other temporary needs, based on similar objective criteria. for every financial year, the equitable share of the revenue raised nationally that is allocated to county governments shall be not less than fifteen per cent of all revenue collected by the national government. the amount referred to in clause (2) shall be calculated on the basis of the most recent audited accounts of revenue received, as approved by the national assembly. 204. equalisation fund there is established an equalisation fund into which shall be paid one half per cent of all the revenue collected by the national government each year calculated on the basis of the most recent audited accounts of revenue received, as approved by the national assembly. the national government shall use the equalisation fund only to provide basic services including water, roads, health facilities and electricity to marginalised areas to the extent necessary to bring the quality of those services in those areas to the level generally enjoyed by the rest of the nation, so far as possible. the national government may use the equalisation fundonly to the extent that the expenditure of those funds has been approved in an appropriation bill enacted by parliament; and either directly, or indirectly through conditional grants to counties in which marginalised communities exist. the commission on revenue allocation shall be consulted and its recommendations considered before parliament passes any bill appropriating money out of the equalisation fund. any unexpended money in the equalisation fund at the end of a particular financial year shall remain in that fund for use in accordance with clauses (2) and (3) during any subsequent financial year. this article lapses twenty years after the effective date, subject to clause (7). parliament may enact legislation suspending the effect of clause (6) for a further fixed period of years, subject to clause (8). legislation under clause (7) shall be supported by more than half of all the members of the national assembly, and more than half of all the county delegations in the senate. money shall not be withdrawn from the equalisation fund unless the controller of budget has approved the withdrawal. 205. consultation on financial legislation affecting counties when a bill that includes provisions dealing with the sharing of revenue, or any financial matter concerning county governments is published, the commission on revenue allocation shall consider those provisions and may make recommendations to the national assembly and the senate. any recommendations made by the commission shall be tabled in parliament, and each house shall consider the recommendations before voting on the bill. part 2. other public funds 206. consolidated fund and other public funds there is established the consolidated fund into which shall be paid all money raised or received by or on behalf of the national government, except money thatis reasonably excluded from the fund by an act of parliament and payable into another public fund established for a specific purpose; or may, under an act of parliament, be retained by the state organ that received it for the purpose of defraying the expenses of the state organ. money may be withdrawn from the consolidated fund onlyin accordance with an appropriation by an act of parliament; in accordance with article 222 or 223; or as a charge against the fund as authorised by this constitution or an act of parliament. money shall not be withdrawn from any national public fund other than the consolidated fund, unless the withdrawal of the money has been authorised by an act of parliament. money shall not be withdrawn from the consolidated fund unless the controller of budget has approved the withdrawal. 207. revenue funds for county governments there shall be established a revenue fund for each county government, into which shall be paid all money raised or received by or on behalf of the county government, except money reasonably excluded by an act of parliament. money may be withdrawn from the revenue fund of a county government onlyas a charge against the revenue fund that is provided for by an act of parliament or by legislation of the county; or as authorised by an appropriation by legislation of the county. money shall not be withdrawn from a revenue fund unless the controller of budget has approved the withdrawal. an act of parliament maymake further provision for the withdrawal of funds from a county revenue fund; and provide for the establishment of other funds by counties and the management of those funds. 208. contingencies fund there is established a contingencies fund, the operation of which shall be in accordance with an act of parliament. an act of parliament shall provide for advances from the contingencies fund if the cabinet secretary responsible for finance is satisfied that there is an urgent and unforeseen need for expenditure for which there is no other authority. part 3. revenue-raising powers and the public debt 209. power to impose taxes and charges only the national government may imposeincome tax; value-added tax; customs duties and other duties on import and export goods; and excise tax. an act of parliament may authorise the national government to impose any other tax or duty, except a tax specified in clause (3)(a) or (b). a county may imposeproperty rates; entertainment taxes; and any other tax that it is authorised to impose by an act of parliament. the national and county governments may impose charges for the services they provide. the taxation and other revenue-raising powers of a county shall not be exercised in a way that prejudices national economic policies, economic activities across county boundaries or the national mobility of goods, services, capital or labour. 210. imposition of tax no tax or licensing fee may be imposed, waived or varied except as provided by legislation. if legislation permits the waiver of any tax or licensing feea public record of each waiver shall be maintained together with the reason for the waiver; and each waiver, and the reason for it, shall be reported to the auditor-general. no law may exclude or authorise the exclusion of a state officer from payment of tax by reason ofthe office held by that state officer; or the nature of the work of the state officer. 211. borrowing by national government parliament may, by legislationprescribe the terms on which the national government may borrow; and impose reporting requirements. within seven days after either house of parliament so requests by resolution, the cabinet secretary responsible for finance shall present to the relevant committee, information concerning any particular loan or guarantee, including all information necessary to showthe extent of the total indebtedness by way of principal and accumulated interest; the use made or to be made of the proceeds of the loan; the provision made for servicing or repayment of the loan; and the progress made in the repayment of the loan. 212. borrowing by counties a county government may borrow onlyif the national government guarantees the loan; and with the approval of the county government's assembly. 213. loan guarantees by national government an act of parliament shall prescribe terms and conditions under which the national government may guarantee loans. within two months after the end of each financial year, the national government shall publish a report on the guarantees that it gave during that year. 214. public debt the public debt is a charge on the consolidated fund, but an act of parliament may provide for charging all or part of the public debt to other public funds. for the purposes of this article, "the public debt" means all financial obligations attendant to loans raised or guaranteed and securities issued or guaranteed by the national government. part 4. revenue allocation 215. commission on revenue allocation there is established the commission on revenue allocation. the commission shall consist of the following persons appointed by the presidenta chairperson, who shall be nominated by the president and approved by the national assembly; two persons nominated by the political parties represented in the national assembly according to their proportion of members in the assembly; five persons nominated by the political parties represented in the senate according to their proportion of members in the senate; and the principal secretary in the ministry responsible for finance. the persons nominated under clause (2) shall not be members of parliament. to be qualified to be a member of the commission under clause (2) (a), (b) or (c), a person shall have extensive professional experience in financial and economic matters. 216. functions of the commission on revenue allocation the principal function of the commission on revenue allocation is to make recommendations concerning the basis for the equitable sharing of revenue raised by the national governmentbetween the national and county governments; and among the county governments. the commission shall also make recommendations on other matters concerning the financing of, and financial management by, county governments, as required by this constitution and national legislation. in formulating recommendations, the commission shall seekto promote and give effect to the criteria mentioned in article 203 (1); when appropriate, to define and enhance the revenue sources of the national and county governments; and to encourage fiscal responsibility. the commission shall determine, publish and regularly review a policy in which it sets out the criteria by which to identify the marginalised areas for purposes of article 204 (2). the commission shall submit its recommendations to the senate, the national assembly, the national executive, county assemblies and county executives. 217. division of revenue once every five years, the senate shall, by resolution, determine the basis for allocating among the counties the share of national revenue that is annually allocated to the county level of government. in determining the basis of revenue sharing under clause (1), the senate shalltake the criteria in article 203 (1) into account; request and consider recommendations from the commission on revenue allocation; consult the county governors, the cabinet secretary responsible for finance and any organisation of county governments; and invite the public, including professional bodies, to make submissions to it on the matter. within ten days after the senate adopts a resolution under clause (1), the speaker of the senate shall refer the resolution to the speaker of the national assembly. within sixty days after the senate's resolution is referred under clause (3), the national assembly may consider the resolution, and vote to approve it, with or without amendments, or to reject it. if the national assemblydoes not vote on the resolution within sixty days, the resolution shall be regarded as having been approved by the national assembly without amendment; or votes on the resolution, the resolution shall have beenamended only if at least two-thirds of the members of the assembly vote in support of an amendment; rejected only if at least two-thirds of the members of the assembly vote against it, irrespective whether it has first been amended by the assembly; or approved, in any other case. if the national assembly approves an amended version of the resolution, or rejects the resolution, the senate, at its option, may eitheradopt a new resolution under clause (1), in which case the provisions of this clause and clause (4) and (5) apply afresh; or request that the matter be referred to a joint committee of the two houses of parliament for mediation under article 113, applied with the necessary modifications. a resolution under this article that is approved under clause (5) shall be binding until a subsequent resolution has been approved. despite clause (1), the senate may, by resolution supported by at least two-thirds of its members, amend a resolution at any time after it has been approved. clauses (2) to (8), with the necessary modifications, apply to a resolution under clause (8). 218. annual division and allocation of revenue bills at least two months before the end of each financial year, there shall be introduced in parliamenta division of revenue bill, which shall divide revenue raised by the national government among the national and county levels of government in accordance with this constitution; and a county allocation of revenue bill, which shall divide among the counties the revenue allocated to the county level of government on the basis determined in accordance with the resolution in force under article 217. each bill required by clause (1) shall be accompanied by a memorandum setting outan explanation of revenue allocation as proposed by the bill; an evaluation of the bill in relation to the criteria mentioned in article 203 (1); and a summary of any significant deviation from the commission on revenue allocation's recommendations, with an explanation for each such deviation. 219. transfer of equitable share a county's share of revenue raised by the national government shall be transferred to the county without undue delay and without deduction, except when the transfer has been stopped under article 225. part 5. budgets and spending 220. form, content and timing of budgets budgets of the national and county governments shall containestimates of revenue and expenditure, differentiating between recurrent and development expenditure; proposals for financing any anticipated deficit for the period to which they apply; and proposals regarding borrowing and other forms of public liability that will increase public debt during the following year. national legislation shall prescribethe structure of the development plans and budgets of counties; when the plans and budgets of the counties shall be tabled in the county assemblies; and the form and manner of consultation between the national government and county governments in the process of preparing plans and budgets. 221. budget estimates and annual appropriation bill at least two months before the end of each financial year, the cabinet secretary responsible for finance shall submit to the national assembly estimates of the revenue and expenditure of the national government for the next financial year to be tabled in the national assembly. the estimates mentioned in clause (1) shallinclude estimates for expenditure from the equalisation fund; and be in the form, and according to the procedure, prescribed by an act of parliament. the national assembly shall consider the estimates submitted under clause (1) together with the estimates submitted by the parliamentary service commission and the chief registrar of the judiciary under articles 127 and 173 respectively. before the national assembly considers the estimates of revenue and expenditure, a committee of the assembly shall discuss and review the estimates and make recommendations to the assembly. in discussing and reviewing the estimates, the committee shall seek representations from the public and the recommendations shall be taken into account when the committee makes its recommendations to the national assembly. when the estimates of national government expenditure, and the estimates of expenditure for the judiciary and parliament have been approved by the national assembly, they shall be included in an appropriation bill, which shall be introduced into the national assembly to authorise the withdrawal from the consolidated fund of the money needed for the expenditure, and for the appropriation of that money for the purposes mentioned in the bill. the appropriation bill mentioned in clause (6) shall not include expenditures that are charged on the consolidated fund by this constitution or an act of parliament. 222. expenditure before annual budget is passed if the appropriation act for a financial year has not been assented to, or is not likely to be assented to, by the beginning of that financial year, the national assembly may authorise the withdrawal of money from the consolidated fund. money withdrawn under clause (1) shallbe for the purpose of meeting expenditure necessary to carry on the services of the national government during that year until such time as the appropriation act is assented to; not exceed in total one-half of the amount included in the estimates of expenditure for that year that have been tabled in the national assembly; and be included, under separate votes for the several services in respect of which they were withdrawn, in the appropriation act. 223. supplementary appropriation subject to clauses (2) to (4), the national government may spend money that has not been appropriated ifthe amount appropriated for any purpose under the appropriation act is insufficient or a need has arisen for expenditure for a purpose for which no amount has been appropriated by that act; or money has been withdrawn from the contingencies fund. the approval of parliament for any spending under this article shall be sought within two months after the first withdrawal of the money, subject to clause (3). if parliament is not sitting during the time contemplated in clause (2), or is sitting but adjourns before the approval has been sought, the approval shall be sought within two weeks after it next sits. when the national assembly has approved spending under clause (2), an appropriation bill shall be introduced for the appropriation of the money spent. in any particular financial year, the national government may not spend under this article more than ten per cent of the sum appropriated by parliament for that financial year unless, in special circumstances, parliament has approved a higher percentage. 224. county appropriation bills on the basis of the division of revenue bill passed by parliament under article 218, each county government shall prepare and adopt its own annual budget and appropriation bill in the form, and according to the procedure, prescribed in an act of parliament. part 6. control of public money 225. financial control an act of parliament shall provide for the establishment, functions and responsibilities of the national treasury. parliament shall enact legislation to ensure both expenditure control and transparency in all governments and establish mechanisms to ensure their implementation. legislation under clause (2) may authorise the cabinet secretary responsible for finance to stop the transfer of funds to a state organ or any other public entityonly for a serious material breach or persistent material breaches of the measures established under that legislation; and subject to the requirements of clauses (4) to (7). a decision to stop the transfer of funds under clause (3) may not stop the transfer of more than fifty per cent of funds due to a county government. a decision to stop the transfer of funds as contemplated in clause (3)shall not stop the transfer of funds for more than sixty days; and may be enforced immediately, but will lapse retrospectively unless, within thirty days after the date of the decision, parliament approves it by resolution passed by both houses. parliament may renew a decision to stop the transfer of funds but for no more than sixty days at a time. parliament may not approve or renew a decision to stop the transfer of funds unlessthe controller of budget has presented a report on the matter to parliament; and the public entity has been given an opportunity to answer the allegations against it, and to state its case, before the relevant parliamentary committee. 226. accounts and audit of public entities an act of parliament shall provide forthe keeping of financial records and the auditing of accounts of all governments and other public entities, and prescribe other measures for securing efficient and transparent fiscal management; and the designation of an accounting officer in every public entity at the national and county level of government. the accounting officer of a national public entity is accountable to the national assembly for its financial management, and the accounting officer of a county public entity is accountable to the county assembly for its financial management. subject to clause (4), the accounts of all governments and state organs shall be audited by the auditor-general. the accounts of the office of the auditor-general shall be audited and reported on by a professionally qualified accountant appointed by the national assembly. if the holder of a public office, including a political office, directs or approves the use of public funds contrary to law or instructions, the person is liable for any loss arising from that use and shall make good the loss, whether the person remains the holder of the office or not. 227. procurement of public goods and services when a state organ or any other public entity contracts for goods or services, it shall do so in accordance with a system that is fair, equitable, transparent, competitive and cost-effective. an act of parliament shall prescribe a framework within which policies relating to procurement and asset disposal shall be implemented and may provide for all or any of the followingcategories of preference in the allocation of contracts; the protection or advancement of persons, categories of persons or groups previously disadvantaged by unfair competition or discrimination; sanctions against contractors that have not performed according to professionally regulated procedures, contractual agreements or legislation; and sanctions against persons who have defaulted on their tax obligations, or have been guilty of corrupt practices or serious violations of fair employment laws and practices. part 7. financial officers and institutions 228. controller of budget there shall be a controller of budget who shall be nominated by the president and, with the approval of the national assembly, appointed by the president. to be qualified to be the controller, a person shall have extensive knowledge of public finance or at least ten years experience in auditing public finance management. the controller shall, subject to article 251, hold office for a term of eight years and shall not be eligible for re-appointment. the controller of budget shall oversee the implementation of the budgets of the national and county governments by authorising withdrawals from public funds under articles 204, 206 and 207. the controller shall not approve any withdrawal from a public fund unless satisfied that the withdrawal is authorised by law. every four months, the controller shall submit to each house of parliament a report on the implementation of the budgets of the national and county governments. 229. auditor-general there shall be an auditor-general who shall be nominated by the president and, with the approval of the national assembly, appointed by the president. to be qualified to be the auditor-general, a person shall have extensive knowledge of public finance or at least ten years experience in auditing or public finance management. the auditor-general holds office, subject to article 251, for a term of eight years and shall not be eligible for re-appointment. within six months after the end of each financial year, the auditor-general shall audit and report, in respect of that financial year, onthe accounts of the national and county governments; the accounts of all funds and authorities of the national and county governments; the accounts of all courts; the accounts of every commission and independent office established by this constitution; the accounts of the national assembly, the senate and the county assemblies; the accounts of political parties funded from public funds; the public debt; and the accounts of any other entity that legislation requires the auditor-general to audit. the auditor-general may audit and report on the accounts of any entity that is funded from public funds. an audit report shall confirm whether or not public money has been applied lawfully and in an effective way. audit reports shall be submitted to parliament or the relevant county assembly. within three months after receiving an audit report, parliament or the county assembly shall debate and consider the report and take appropriate action. 230. salaries and remuneration commission there is established the salaries and remuneration commission. the salaries and remuneration commission consists of the following persons appointed by the presidenta chairperson; one person each nominated by the following bodies from among persons who are not members or employees of those bodiesthe parliamentary service commission; the public service commission; the judicial service commission; the teachers service commission; the national police service commission; the defence council; and the senate, on behalf of the county governments; one person each nominated byan umbrella body representing trade unions; an umbrella body representing employers; and a joint forum of professional bodies as provided by legislation; one person each nominated bythe cabinet secretary responsible for finance; and the attorney-general; and one person who has experience in the management of human resources in the public service, nominated by the cabinet secretary responsible for public service. the commissioners under clause (1) (d) and (e) shall have no vote. the powers and functions of the salaries and remuneration commission shall be toset and regularly review the remuneration and benefits of all state officers; and advise the national and county governments on the remuneration and benefits of all other public officers. in performing its functions, the commission shall take the following principles into accountthe need to ensure that the total public compensation bill is fiscally sustainable; the need to ensure that the public services are able to attract and retain the skills required to execute their functions; the need to recognise productivity and performance; and transparency and fairness. 231. central bank of kenya there is established the central bank of kenya. the central bank of kenya shall be responsible for formulating monetary policy, promoting price stability, issuing currency and performing other functions conferred on it by an act of parliament. the central bank of kenya shall not be under the direction or control of any person or authority in the exercise of its powers or in the performance of its functions. notes and coins issued by the central bank of kenya may bear images that depict or symbolise kenya or an aspect of kenya but shall not bear the portrait of any individual. an act of parliament shall provide for the composition, powers, functions and operations of the central bank of kenya. chapter 13. the public service part 1. values and principles of public service 232. values and principles of public service the values and principles of public service includehigh standards of professional ethics; efficient, effective and economic use of resources; responsive, prompt, effective, impartial and equitable provision of services; involvement of the people in the process of policy making; accountability for administrative acts; transparency and provision to the public of timely, accurate information; subject to paragraphs (h) and (i), fair competition and merit as the basis of appointments and promotions; representation of kenya's diverse communities; and affording adequate and equal opportunities for appointment, training and advancement, at all levels of the public service, ofmen and women; the members of all ethnic groups; and persons with disabilities. the values and principles of public service apply to public service inall state organs in both levels of government; and all state corporations. parliament shall enact legislation to give full effect to this article. part 2. the public service commission 233. the public service commission there is established the public service commission. the public service commission consists of a chairperson, a vice chairperson and seven other members appointed by the president with the approval of the national assembly. subject to clause (4), a person is not eligible for appointment as a member of the commission if the personhas, at any time within the preceding five years, held office, or stood for election asa member of parliament or of a county assembly; or a member of the governing body of a political party; or holds any state office; is, or has at any time been, a candidate for election as a member of parliament or of a county assembly; or is, or has at any time been, the holder of an office in any political organisation that sponsors or otherwise supports, or has at any time sponsored or otherwise supported, a candidate for election as a member of parliament or of a county assembly. clause (3) (c) and (d) cease to apply to a person after two general elections for parliament have been held since the person ceased to be such a candidate or office holder. there shall be a secretary to the commission. the secretaryis the chief executive of the commission; and shall be appointed by the commission for a term of five years, and is eligible for re-appointment once. 234. functions and powers of the public service commission the functions and powers of the commission are as set out in this article. the commission shallsubject to this constitution and legislationestablish and abolish offices in the public service; and appoint persons to hold or act in those offices, and to confirm appointments; exercise disciplinary control over and remove persons holding or acting in those offices; promote the values and principles mentioned in articles 10 and 232 throughout the public service; investigate, monitor and evaluate the organisation, administration and personnel practices of the public service; ensure that the public service is efficient and effective; develop human resources in the public service; review and make recommendations to the national government in respect of conditions of service, code of conduct and qualifications of officers in the public service; evaluate and report to the president and parliament on the extent to which the values and principles mentioned in articles 10 and 232 are complied with in the public service; hear and determine appeals in respect of county governments' public service; and perform any other functions and exercise any other powers conferred by national legislation. clauses (1) and (2) shall not apply to any of the following offices in the public servicestate offices; an office of high commissioner, ambassador or other diplomatic or consular representative of the republic; an office or position subject tothe parliamentary service commission; the judicial service commission; the teachers service commission; the national police service commission; or an office in the service of a county government, except as contemplated in clause (2) (i). the commission shall not appoint a person under clause (2) to hold or act in any office on the personal staff of the president or a retired president, except with the consent of the president or retired president. the commission may delegate, in writing, with or without conditions, any of its functions and powers under this article to any one or more of its members, or to any officer, body or authority in the public service. 235. staffing of county governments a county government is responsible, within a framework of uniform norms and standards prescribed by an act of parliament, forestablishing and abolishing offices in its public service; appointing persons to hold or act in those offices, and confirming appointments; and exercising disciplinary control over and removing persons holding or acting in those offices. clause (1) shall not apply to any office or position subject to the teachers service commission. 236. protection of public officers a public officer shall not bevictimised or discriminated against for having performed the functions of office in accordance with this constitution or any other law; or dismissed, removed from office, demoted in rank or otherwise subjected to disciplinary action without due process of law. part 3. teachers service commission 237. teachers service commission there is established the teachers service commission. the functions of the commission areto register trained teachers; to recruit and employ registered teachers; to assign teachers employed by the commission for service in any public school or institution; to promote and transfer teachers; to exercise disciplinary control over teachers; and to terminate the employment of teachers. the commission shallreview the standards of education and training of persons entering the teaching service; review the demand for and the supply of teachers; and advise the national government on matters relating to the teaching profession. chapter 14. national security part 1. national security organs 238. principles of national security national security is the protection against internal and external threats to kenya's territorial integrity and sovereignty, its people, their rights, freedoms, property, peace, stability and prosperity, and other national interests. the national security of kenya shall be promoted and guaranteed in accordance with the following principlesnational security is subject to the authority of this constitution and parliament; national security shall be pursued in compliance with the law and with the utmost respect for the rule of law, democracy, human rights and fundamental freedoms; in performing their functions and exercising their powers, national security organs shall respect the diverse culture of the communities within kenya; and recruitment by the national security organs shall reflect the diversity of the kenyan people in equitable proportions. national security organs 239. national security organs the national security organs arethe kenya defence forces; the national intelligence service; and the national police service. the primary object of the national security organs and security system is to promote and guarantee national security in accordance with the principles mentioned in article 238 (2). in performing their functions and exercising their powers, the national security organs and every member of the national security organs shall notact in a partisan manner; further any interest of a political party or cause; or prejudice a political interest or political cause that is legitimate under this constitution. a person shall not establish a military, paramilitary, or similar organisation that purports to promote and guarantee national security, except as provided for by this constitution or an act of parliament. the national security organs are subordinate to civilian authority. parliament shall enact legislation to provide for the functions, organisation and administration of the national security organs. 240. establishment of the national security council there is established a national security council. the council consists ofthe president; the deputy president; the cabinet secretary responsible for defence; the cabinet secretary responsible for foreign affairs; the cabinet secretary responsible for internal security; the attorney-general; the chief of kenya defence forces; the director-general of the national intelligence service; and the inspector-general of the national police service. the council shall exercise supervisory control over national security organs and perform any other functions prescribed by national legislation. the president shall preside at meetings of the council. the council shall appoint its secretary. the council shallintegrate the domestic, foreign and military policies relating to national security in order to enable the national security organs to co-operate and function effectively; and assess and appraise the objectives, commitments and risks to the republic in respect of actual and potential national security capabilities. the council shall report annually to parliament on the state of the security of kenya. the council may, with the approval of parliamentdeploy national forces outside kenya forregional or international peace support operations; or other support operations; and approve the deployment of foreign forces in kenya. part 2. the kenya defence forces 241. establishment of defence forces and defence council there are established the kenya defence forces. the defence forces consist ofthe kenya army; the kenya air force; and the kenya navy. the defence forcesare responsible for the defence and protection of the sovereignty and territorial integrity of the republic; shall assist and cooperate with other authorities in situations of emergency or disaster, and report to the national assembly whenever deployed in such circumstances; and may be deployed to restore peace in any part of kenya affected by unrest or instability only with the approval of the national assembly. the composition of the command of the defence forces shall reflect the regional and ethnic diversity of the people of kenya. there is established a defence council. the council consist ofthe cabinet secretary responsible for defence, who is the chairperson; the chief of the kenya defence forces; the three commanders of the defence forces; and the principal secretary in the ministry responsible for defence. the councilis responsible for the overall policy, control, and supervision of the kenya defence forces; and performs any other functions prescribed by national legislation. part 3. the national intelligence service 242. establishment of national intelligence service there is established the national intelligence service. the national intelligence serviceis responsible for security intelligence and counter intelligence to enhance national security in accordance with this constitution; and performs any other functions prescribed by national legislation. part 4. the national police service 243. establishment of the national police service there is established the national police service. the national police service consists ofthe kenya police service; and the administration police service. the national police service is a national service and shall function throughout kenya. parliament shall enact legislation to give full effect to this article. 244. objects and functions of the national police service the national police service shallstrive for the highest standards of professionalism and discipline among its members; prevent corruption and promote and practice transparency and accountability; comply with constitutional standards of human rights and fundamental freedoms; train staff to the highest possible standards of competence and integrity and to respect human rights and fundamental freedoms and dignity; and foster and promote relationships with the broader society. 245. command of the national police service there is established the office of the inspector-general of the national police service. the inspector-generalis appointed by the president with the approval of parliament; and shall exercise independent command over the national police service, and perform any other functions prescribed by national legislation. the kenya police service and the administration police service shall each be headed by a deputy inspector-general appointed by the president in accordance with the recommendation of the national police service commission. the cabinet secretary responsible for police services may lawfully give a direction to the inspector-general with respect to any matter of policy for the national police service, but no person may give a direction to the inspector-general with respect tothe investigation of any particular offence or offences; the enforcement of the law against any particular person or persons; or the employment, assignment, promotion, suspension or dismissal of any member of the national police service. any direction given to the inspector-general by the cabinet secretary responsible for police services under clause (4), or any direction given to the inspector-general by the director of public prosecutions under article 157(4), shall be in writing. the inspector-general shall be appointed for a single four-year term, and is not eligible for re-appointment. the inspector-general may be removed from office by the president only on the grounds ofserious violation of this constitution or any other law, including a contravention of chapter six; gross misconduct whether in the performance of the office holder's functions or otherwise; physical or mental incapacity to perform the functions of office; incompetence; bankruptcy; or any other just cause. parliament shall enact legislation to give full effect to this article. 246. national police service commission there is established the national police service commission. the commission consists ofthe following persons, each appointed by the presidenta person who is qualified to be appointed as a high court judge; two retired senior police officers; and three persons of integrity who have served the public with distinction; the inspector-general of the national police service; and both deputy inspectors-general of the national police service. the commission shallrecruit and appoint persons to hold or act in offices in the service, confirm appointments, and determine promotions and transfers within the national police service; observing due process, exercise disciplinary control over and remove persons holding or acting in offices within the service; and perform any other functions prescribed by national legislation. the composition of the national police service shall reflect the regional and ethnic diversity of the people of kenya. 247. other police services parliament may enact legislation establishing other police services under the supervision of the national police service and the command of the inspector-general of the service. chapter 15. commissions and independent offices 248. application of chapter this chapter applies to the commissions specified in clause (2) and the independent offices specified in clause (3), except to the extent that this constitution provides otherwise. the commissions arethe kenya national human rights and equality commission; the national land commission; the independent electoral and boundaries commission; the parliamentary service commission; the judicial service commission; the commission on revenue allocation; the public service commission; the salaries and remuneration commission; the teachers service commission; and the national police service commission. the independent offices arethe auditor-general; and the controller of budget. 249. objects, authority and funding of commissions and independent offices the objects of the commissions and the independent offices are toprotect the sovereignty of the people; secure the observance by all state organs of democratic values and principles; and promote constitutionalism. the commissions and the holders of independent officesare subject only to this constitution and the law; and are independent and not subject to direction or control by any person or authority. parliament shall allocate adequate funds to enable each commission and independent office to perform its functions and the budget of each commission and independent office shall be a separate vote. 250. composition, appointment and terms of office each commission shall consist of at least three, but not more than nine, members. the chairperson and each member of a commission, and the holder of an independent office, shall beidentified and recommended for appointment in a manner prescribed by national legislation; approved by the national assembly; and appointed by the president. to be appointed, a person shall have the specific qualifications required by this constitution or national legislation. appointments to commissions and independent offices shall take into account the national values mentioned in article 10, and the principle that the composition of the commissions and offices, taken as a whole, shall reflect the regional and ethnic diversity of the people of kenya. a member of a commission may serve on a part-time basis. a member of a commission, or the holder of an independent officeunless ex officio, shall be appointed for a single term of six years and is not eligible for re-appointment; and unless ex officio or part-time, shall not hold any other office or employment for profit, whether public or private. the remuneration and benefits payable to or in respect of a commissioner or the holder of an independent office shall be a charge on the consolidated fund. the remuneration and benefits payable to, or in respect of, a commissioner or the holder of an independent office shall not be varied to the disadvantage of that commissioner or holder of an independent office. a member of a commission, or the holder of an independent office, is not liable for anything done in good faith in the performance of a function of office. the members of a commission shall elect a vice-chairperson from among themselvesat the first sitting of the commission; and whenever it is necessary to fill a vacancy in the office of the vice-chairperson. the chairperson and vice-chairperson of a commission shall not be of the same gender. there shall be a secretary to each commission who shall beappointed by the commission; and the chief executive officer of the commission. 251. removal from office a member of a commission (other than an ex officio member), or the holder of an independent office, may be removed from office only forserious violation of this constitution or any other law, including a contravention of chapter six; gross misconduct, whether in the performance of the member's or office holder's functions or otherwise; physical or mental incapacity to perform the functions of office; incompetence; or bankruptcy. a person desiring the removal of a member of a commission or of a holder of an independent office on any ground specified in clause (1) may present a petition to the national assembly setting out the alleged facts constituting that ground. the national assembly shall consider the petition and, if it is satisfied that it discloses a ground under clause (1), shall send the petition to the president. on receiving a petition under clause (3), the presidentmay suspend the member or office holder pending the outcome of the complaint; and shall appoint a tribunal in accordance with clause (5). the tribunal shall consist ofa person who holds or has held office as a judge of a superior court, who shall be the chairperson; at least two persons who are qualified to be appointed as high court judges; and one other member who is qualified to assess the facts in respect of the particular ground for removal. the tribunal shall investigate the matter expeditiously, report on the facts and make a binding recommendation to the president, who shall act in accordance with the recommendation within thirty days. a person suspended under this article is entitled to continue to receive one-half of the remuneration and benefits of the office while suspended. 252. general functions and powers each commission, and each holder of an independent officemay conduct investigations on its own initiative or on a complaint made by a member of the public; has the powers necessary for conciliation, mediation and negotiation; shall recruit its own staff; and may perform any functions and exercise any powers prescribed by legislation, in addition to the functions and powers conferred by this constitution. a complaint to a commission or the holder of an independent office may be made by any person entitled to institute court proceedings under article 22 (1) and (2). the following commissions and independent offices have the power to issue a summons to a witness to assist for the purposes of its investigationsthe kenya national human rights and equality commission; the judicial service commission; the national land commission; and the auditor-general. 253. incorporation of commissions and independent offices each commission and each independent officeis a body corporate with perpetual succession and a seal; and is capable of suing and being sued in its corporate name. 254. reporting by commissions and independent offices as soon as practicable after the end of each financial year, each commission, and each holder of an independent office, shall submit a report to the president and to parliament. at any time, the president, the national assembly or the senate may require a commission or holder of an independent office to submit a report on a particular issue. every report required from a commission or holder of an independent office under this article shall be published and publicised. chapter 16. amendment of this constitution 255. amendment of this constitution a proposed amendment to this constitution shall be enacted in accordance with article 256 or 257, and approved in accordance with clause (2) by a referendum, if the amendment relates to any of the following mattersthe supremacy of this constitution; the territory of kenya; the sovereignty of the people; the national values and principles of governance mentioned in article 10 (2) (a) to (d); the bill of rights; the term of office of the president; the independence of the judiciary and the commissions and independent offices to which chapter fifteen applies; the functions of parliament; the objects, principles and structure of devolved government; or the provisions of this chapter. a proposed amendment shall be approved by a referendum under clause (1) ifat least twenty per cent of the registered voters in each of at least half of the counties vote in the referendum; and the amendment is supported by a simple majority of the citizens voting in the referendum. an amendment to this constitution that does not relate to a matter mentioned in clause (1) shall be enacted eitherby parliament, in accordance with article 256; or by the people and parliament, in accordance with article 257. 256. amendment by parliamentary initiative a bill to amend this constitutionmay be introduced in either house of parliament; may not address any other matter apart from consequential amendments to legislation arising from the bill; shall not be called for second reading in either house within ninety days after the first reading of the bill in that house; and shall have been passed by parliament when each house of parliament has passed the bill, in both its second and third readings, by not less than two-thirds of all the members of that house. parliament shall publicise any bill to amend this constitution, and facilitate public discussion about the bill. after parliament passes a bill to amend this constitution, the speakers of the two houses of parliament shall jointly submit to the presidentthe bill, for assent and publication; and a certificate that the bill has been passed by parliament in accordance with this article. subject to clause (5), the president shall assent to the bill and cause it to be published within thirty days after the bill is enacted by parliament. if a bill to amend this constitution proposes an amendment relating to a matter mentioned in article 255 (1)the president shall, before assenting to the bill, request the independent electoral and boundaries commission to conduct, within ninety days, a national referendum for approval of the bill; and within thirty days after the chairperson of the independent electoral and boundaries commission has certified to the president that the bill has been approved in accordance with article 255 (2), the president shall assent to the bill and cause it to be published. 257. amendment by popular initiative an amendment to this constitution may be proposed by a popular initiative signed by at least one million registered voters. a popular initiative for an amendment to this constitution may be in the form of a general suggestion or a formulated draft bill. if a popular initiative is in the form of a general suggestion, the promoters of that popular initiative shall formulate it into a draft bill. the promoters of a popular initiative shall deliver the draft bill and the supporting signatures to the independent electoral and boundaries commission, which shall verify that the initiative is supported by at least one million registered voters. if the independent electoral and boundaries commission is satisfied that the initiative meets the requirements of this article, the commission shall submit the draft bill to each county assembly for consideration within three months after the date it was submitted by the commission. if a county assembly approves the draft bill within three months after the date it was submitted by the commission, the speaker of the county assembly shall deliver a copy of the draft bill jointly to the speakers of the two houses of parliament, with a certificate that the county assembly has approved it. if a draft bill has been approved by a majority of the county assemblies, it shall be introduced in parliament without delay. a bill under this article is passed by parliament if supported by a majority of the members of each house. if parliament passes the bill, it shall be submitted to the president for assent in accordance with articles 256 (4) and (5). if either house of parliament fails to pass the bill, or the bill relates to a matter mentioned in 255 (1), the proposed amendment shall be submitted to the people in a referendum. article 255 (2) applies, with any necessary modifications, to a referendum under clause (10). chapter 17. general provisions 258. enforcement of this constitution every person has the right to institute court proceedings, claiming that this constitution has been contravened, or is threatened with contravention. in addition to a person acting in their own interest, court proceedings under clause (1) may be instituted bya person acting on behalf of another person who cannot act in their own name; a person acting as a member of, or in the interest of, a group or class of persons; a person acting in the public interest; or an association acting in the interest of one or more of its members. 259. construing this constitution this constitution shall be interpreted in a manner thatpromotes its purposes, values and principles; advances the rule of law, and the human rights and fundamental freedoms in the bill of rights; permits the development of the law; and contributes to good governance. if there is a conflict between different language versions of this constitution, the english language version prevails. every provision of this constitution shall be construed according to the doctrine of interpretation that the law is always speaking and, therefore, among other thingsa function or power conferred by this constitution on an office may be performed or exercised as occasion requires, by the person holding the office; any reference in this constitution to a state or other public office or officer, or a person holding such an office, includes a reference to the person acting in or otherwise performing the functions of the office at any particular time; a reference in this constitution to an office, state organ or locality named in this constitution shall be read with any formal alteration necessary to make it applicable in the circumstances; and a reference in this constitution to an office, body or organisation is, if the office, body or organisation has ceased to exist, a reference to its successor or to the equivalent office, body or organisation. in this constitution, unless the context otherwise requiresif a word or expression is defined in this constitution, any grammatical variation or cognate expression of the word or expression has a corresponding meaning, read with the changes required by the context; and the word "includes" means "includes, but is not limited to". in calculating time between two events for any purpose under this constitution, if the time is expressedas days, the day on which the first event occurs shall be excluded, and the day by which the last event may occur shall be included; as months, the time period ends at the beginning of the day in the relevant monththat has the same number as the date on which the period began, if that month has a corresponding date; or that is the last day of that month, in any other case; or as years, the period of time ends at the beginning of the date of the relevant year that corresponds to the date on which the period began. if a period of time prescribed by this constitution for any purpose is six days or less, sundays and public holidays shall not count when calculating the time. if, in any particular circumstances, the period of time prescribed by this constitution ends on a sunday or a public holiday, the period extends to the first subsequent day that is not a sunday or public holiday. if a particular time is not prescribed by this constitution for performing a required act, the act shall be done without unreasonable delay, and as often as occasion arises. if any person or state organ has authority under this constitution to extend a period of time prescribed by this constitution, the authority may be exercised either before or after the end of the period, unless a contrary intention is expressly mentioned in the provision conferring the authority. except to the extent that this constitution provides otherwise, if a person has vacated an office established under this constitution, the person may, if qualified, again be appointed, elected or otherwise selected to hold the office in accordance with this constitution. if a function or power conferred on a person under this constitution is exercisable by the person only on the advice or recommendation, with the approval or consent of, or on consultation with, another person, the function may be performed or the power exercised only on that advice, recommendation, with that approval or consent, or after that consultation, except to the extent that this constitution provides otherwise. 260. interpretation in this constitution, unless the context requires otherwise"adult" means an individual who has attained the age of eighteen years; "affirmative action" includes any measure designed to overcome or ameliorate an inequity or the systemic denial or infringement of a right or fundamental freedom; "child" means an individual who has not attained the age of eighteen years; "contravene" includes fail to comply with; "county legislation" means a law made by a county government or under authority conferred by a county assembly; "disability" includes any physical, sensory, mental, psychological or other impairment, condition or illness that has, or is perceived by significant sectors of the community to have, a substantial or long-term effect on an individual's ability to carry out ordinary day-to-day activities; "document" includesany publication, or any matter written, expressed, or inscribed on any substance by means of letters, figures or marks, or by more than one of those means, that is intended to be used or may be used for the purpose of recording that matter; and electronic files; "effective date" means the date that this constitution came into force; "fail" includes refuse; "financial year" means the period of twelve months ending on the thirtieth day of june or other day prescribed by national legislation, but the initial financial year of any entity is the period of time from its coming into existence until the immediately following thirtieth day of june, or other day prescribed by national legislation; "gazette" means the kenya gazette published by authority of the national government, or a supplement to the kenya gazette; "guarantee" means any absolute or conditional promise, commitment or undertaking by the national government to partially or completely re-pay any loan to a county government or any person; "judicial officer" means a registrar, deputy registrar, magistrate, kadhi or the presiding officer of a court established under article 169 (1) (d); "land" includesthe surface of the earth and the subsurface rock; any body of water on or under the surface; marine waters in the territorial sea and exclusive economic zone; natural resources completely contained on or under the surface; and the air space above the surface; "legislation" includesan act of parliament, or a law made under authority conferred by an act of parliament; or a law made by an assembly of a county government, or under authority conferred by such a law; "loan" includes any form of borrowing, lending or deferred payment in respect of which money from a public fund may be used, or is required to be used, for payment or repayment; "marginalised community" meansa community that, because of its relatively small population or for any other reason, has been unable to fully participate in the integrated social and economic life of kenya as a whole; a traditional community that, out of a need or desire to preserve its unique culture and identity from assimilation, has remained outside the integrated social and economic life of kenya as a whole; an indigenous community that has retained and maintained a traditional lifestyle and livelihood based on a hunter or gatherer economy; or pastoral persons and communities, whether they arenomadic; or a settled community that, because of its relative geographic isolation, has experienced only marginal participation in the integrated social and economic life of kenya as a whole; "marginalised group" means a group of people who, because of laws or practices before, on, or after the effective date, were or are disadvantaged by discrimination on one or more of the grounds in article 27 (4); "national legislation" means an act of parliament, or a law made under authority conferred by an act of parliament; "natural resources" means the physical non-human factors and components, whether renewable or non-renewable, includingsunlight; surface and groundwater; forests, biodiversity and genetic resources; and rocks, minerals, fossil fuels and other sources of energy; "older member of society" means a person who has attained the age of sixty years; "person" includes a company, association or other body of persons whether incorporated or unincorporated; "political party" means an association contemplated in part 3 of chapter seven; "property" includes any vested or contingent right to, or interest in or arising fromland, or permanent fixtures on, or improvements to, land; goods or personal property; intellectual property; or money, choses in action or negotiable instruments; "public officer" meansany state officer; or any person, other than a state officer, who holds a public office; "public office" means an office in the national government, a county government or the public service, if the remuneration and benefits of the office are payable directly from the consolidated fund or directly out of money provided by parliament; "public service" means the collectivity of all individuals, other than state officers, performing a function within a state organ; "republic" means the republic of kenya; "state", when used as a noun, means the collectivity of offices, organs and other entities comprising the government of the republic under this constitution; "state office" means any of the following officespresident; deputy president; cabinet secretary; member of parliament; judges and magistrates; member of a commission to which chapter fifteen applies; holder of an independent office to which chapter fifteen applies; member of a county assembly, governor or deputy governor of a county, or other member of the executive committee of a county government; attorney-general; director of public prosecutions; secretary to the cabinet; principal secretary; chief of the kenya defence forces; commander of a service of the kenya defence forces; director-general of the national intelligence service; inspector-general, and the deputy inspectors-general, of the national police service; or an office established and designated as a state office by national legislation; "state officer" means a person holding a state office; "state organ" means a commission, office, agency or other body established under this constitution; "writing" includes printing, photography, lithography, typewriting, braille, and any other means of representing or reproducing words in a visible form; and "youth" means the collectivity of all individuals in the republic whohave attained the age of eighteen years; but have not attained the age of thirty-five years. chapter 18. transitional and consequential provisions 261. consequential legislation parliament shall enact any legislation required by this constitution to be enacted to govern a particular matter within the period specified in the fifth schedule, commencing on the effective date. despite clause (1), the national assembly may, by resolution supported by the votes of at least two-thirds of all the members of the national assembly, extend the period prescribed in respect of any particular matter under clause (1), by a period not exceeding one year. the power of the national assembly contemplated under clause (2), may be exercisedonly once in respect of any particular matter; and only in exceptional circumstances to be certified by the speaker of the national assembly. for the purposes of clause (1), the attorney-general, in consultation with the commission for the implementation of the constitution, shall prepare the relevant bills for tabling before parliament, as soon as reasonably practicable, to enable parliament to enact the legislation within the period specified. if parliament fails to enact any particular legislation within the specified time, any person may petition the high court on the matter. the high court in determining a petition under clause (5) maymake a declaratory order on the matter; and transmit an order directing parliament and the attorney-general to take steps to ensure that the required legislation is enacted, within the period specified in the order, and to report the progress to the chief justice. if parliament fails to enact legislation in accordance with an order under clause (6) (b), the chief justice shall advise the president to dissolve parliament and the president shall dissolve parliament. if parliament has been dissolved under clause (7), the new parliament shall enact the required legislation within the periods mentioned in the fifth schedule beginning with the date of commencement of the term of the new parliament. if the new parliament fails to enact legislation in accordance with clause (8), the provisions of clauses (1) to (8) shall apply afresh. 262. transitional and consequential provisions the transitional and consequential provisions set out in the sixth schedule shall take effect on the effective date. 263. effective date this constitution shall come into force on its promulgation by the president or on the expiry of a period of fourteen days from the date of the publication in the gazette of the final result of the referendum ratifying this constitution, whichever is the earlier. 264. repeal of previous constitution the constitution in force immediately before the effective date shall stand repealed on the effective date, subject to the sixth schedule. schedules first schedule. counties (article 6 (1)) mombasa kwale kilifi tana river lamu taita/taveta garissa wajir mandera marsabit isiolo meru tharaka-nithi embu kitui machakos makueni nyandarua nyeri kirinyaga murang'a kiambu turkana west pokot samburu trans nzoia uasin gishu elgeyo/marakwet nandi baringo laikipia nakuru narok kajiado kericho bomet kakamega vihiga bungoma busia siaya kisumu homa bay migori kisii nyamira nairobi city second schedule. national symbols (article 9 (2)) a. the national flag image noteâ�� all dimensions given do not necessarily represent any particular measurement and are merely proportional. descriptionthree major strips of equal width coloured from top to bottom black, red and green and separated by narrow white strips, with a symmetrical shield and white spears superimposed centrally. b. the national anthem ee mungu nguvu yetu (o god of all creation) ilete baraka kwetu. (bless this our land and nation.) haki iwe ngao na mlinzi (justice be our shield and defender) natukae na undugu (may we dwell in unity) amani na uhuru (peace and liberty) raha tupate na ustawi (plenty be found within our borders.) amkeni ndugu zetu (let one and all arise) tufanye sote bidii (with hearts both strong and true.) nasi tujitoe kwa nguvu (service be our earnest endeavour,) nchi yetu ya kenya, ()and our homeland of kenya tunayoipenda (heritage of splendour,) tuwe tayari kuilinda. (firm may we stand to defend.) natujenge taifa letu (let all with one accord) ee, ndio wajibu wetu (in common bond united,) kenya istahili heshima (build this our nation together) tuungane mikono (and the glory of kenya) pamoja kazini (the fruit of our labour) kila siku tuwe na shukrani. (fill every heart with thanksgiving) c. the coat of arms image d. the public seal image third schedule. national oaths and affirmations (articles 74, 141 (3), 148 (5) and 152 (4)) 1. oath or solemn affirmation of allegiance of the president/acting president and the deputy president i, ..............................................................., in full realisation of the high calling i assume as president/acting president/ deputy president of the republic of kenya, do swear/solemnly affirm that i will be faithful and bear true allegiance to the republic of kenya; that i will obey, preserve, protect and defend this constitution of kenya, as by law established, and all other laws of the republic; and that i will protect and uphold the sovereignty, integrity and dignity of the people of kenya. (in the case of an oathso help me god.) 2. oath or solemn affirmation of due execution of office for the president/acting president i, ..............................................................., swear/solemnly affirm that i will truly and diligently serve the people and the republic of kenya in the office of the president/ acting president of the republic of kenya; that i will diligently discharge my duties and perform my functions in the office of president/acting president of the republic of kenya; and i will do justice to all in accordance with this constitution, as by law established, and the laws of kenya, without fear, favour, affection or ill-will. (in the case of an oathso help me god.) 3. oath or solemn affirmation of due execution of office for the deputy president i, ..............................................................., do swear/solemnly affirm that i will always truly and diligently serve the people and the republic of kenya in the office of the deputy president of the republic of kenya; that i will diligently discharge my duties and perform my functions in the said office, to the best of my judgment; that i will at all times, when so required, faithfully and truly give my counsel and advice to the president of the republic of kenya; that i will do justice to all without fear, favour, affection or ill-will; and that i will not directly or indirectly reveal such matters as shall come to my knowledge in the discharge of my duties and committed to my secrecy. (in the case of an oathso help me god.) 4. oath or solemn affirmation of due execution of office for a cabinet secretary i, ..............................................................., being appointed a cabinet secretary of kenya, do swear/solemnly affirm that i will at all times be faithful to the republic of kenya; that i will obey, respect and uphold this constitution of kenya and all other laws of the republic; that i will well and truly serve the people and the republic of kenya in the office of a cabinet secretary; that i undertake to hold my office as cabinet secretary with honour and dignity; that i will be a true and faithful counsellor to the president for the good management of the public affairs of the republic of kenya; that i will not divulge directly or indirectly such matters as shall come to my knowledge in the discharge of my duties and committed to my secrecy except as may be required for the due discharge of my duties as cabinet secretary; and that i will perform the functions of my office conscientiously and to the best of my ability. (in the case of an oathso help me god.). 5. oath or solemn affirmation of due execution of office for secretary to the cabinet/ a principal secretary i, ..............................................................., being called on to exercise the functions of secretary to the cabinet/a principal secretary, do swear/solemnly affirm that, except with the authority of the president, i will not directly or indirectly reveal the nature or contents of any business, proceedings or document of the cabinet committed to my secrecy, except as may be required for the due discharge of my duties as secretary to the cabinet /such principal secretary. (in the case of an oathso help me god. 6. oaths for the chief justice /president of the supreme court, judges of the supreme court, judges of the court of appeal and judges of the high court i, ..............................................................., (the chief justice/president of the supreme court, a judge of the supreme court, a judge of the court of appeal, a judge of the high court) do (swear in the name of the almighty god)/(solemnly affirm) to diligently serve the people and the republic of kenya and to impartially do justice in accordance with this constitution as by law established, and the laws and customs of the republic, without any fear, favour, bias, affection, ill-will, prejudice or any political, religious or other influence. in the exercise of the judicial functions entrusted to me, i will at all times, and to the best of my knowledge and ability, protect, administer and defend this constitution with a view to upholding the dignity and the respect for the judiciary and the judicial system of kenya and promoting fairness, independence, competence and integrity within it. (so help me god.) 7. oath /affirmation of member of parliament (senate/ national assembly i, ..............................................................., having been elected a member of the senate/national assembly do swear (in the name of the almighty god) (solemnly affirm) that i will bear true faith and allegiance to the people and the republic of kenya; that i will obey, respect, uphold, preserve, protect and defend this constitution of the republic of kenya; and that i will faithfully and conscientiously discharge the duties of a member of parliament. (so help me god). 8. oath for speaker/deputy speaker of the senate/national assembly i, ..............................................................., having been elected as speaker/deputy speaker of the senate/national assembly do swear (in the name of the almighty god) (solemnly affirm) that i will bear true faith and allegiance to the people and the republic of kenya; that i will faithfully and conscientiously discharge my duties as speaker/deputy speaker of the senate/national assembly; that i will obey, respect, uphold, preserve, protect and defend this constitution of the republic of kenya; and that i will do right to all manner of persons in accordance with this constitution of kenya and the laws and conventions of parliament without fear or favour, affection or ill will (so help me god). fourth schedule. distribution of functions between the national government and the county governments (article 185 (2), 186 (1) and 187 (2)) part 1. national government foreign affairs, foreign policy and international trade. the use of international waters and water resources. immigration and citizenship. the relationship between religion and state. language policy and the promotion of official and local languages. national defence and the use of the national defence services. police services, includingthe setting of standards of recruitment, training of police and use of police services; criminal law; and correctional services. courts. national economic policy and planning. monetary policy, currency, banking (including central banking), the incorporation and regulation of banking, insurance and financial corporations. national statistics and data on population, the economy and society generally. intellectual property rights. labour standards. consumer protection, including standards for social security and professional pension plans. education policy, standards, curricula, examinations and the granting of university charters. universities, tertiary educational institutions and other institutions of research and higher learning and primary schools , special education, secondary schools and special education institutions. promotion of sports and sports education. transport and communications, including, in particularroad traffic; the construction and operation of national trunk roads; standards for the construction and maintenance of other roads by counties; railways; pipelines; marine navigation; civil aviation; space travel; postal services; telecommunications; and radio and television broadcasting. national public works. housing policy. general principles of land planning and the co-ordination of planning by the counties. protection of the environment and natural resources with a view to establishing a durable and sustainable system of development, including, in particularfishing, hunting and gathering; protection of animals and wildlife; water protection, securing sufficient residual water, hydraulic engineering and the safety of dams; and energy policy. national referral health facilities. disaster management. ancient and historical monuments of national importance. national elections. health policy. agricultural policy. veterinary policy. energy policy including electricity and gas reticulation and energy regulation. capacity building and technical assistance to the counties. public investment. national betting, casinos and other forms of gambling. tourism policy and development. part 2. county governments the functions and powers of the county areagriculture, includingcrop and animal husbandry; livestock sale yards; county abattoirs; plant and animal disease control; and fisheries. county health services, including, in particularcounty health facilities and pharmacies; ambulance services; promotion of primary health care; licensing and control of undertakings that sell food to the public; veterinary services (excluding regulation of the profession); cemeteries, funeral parlours and crematoria; and refuse removal, refuse dumps and solid waste disposal. control of air pollution, noise pollution, other public nuisances and outdoor advertising. cultural activities, public entertainment and public amenities, includingbetting, casinos and other forms of gambling; racing; liquor licensing; cinemas; video shows and hiring; libraries; museums; sports and cultural activities and facilities; and county parks, beaches and recreation facilities. county transport, includingcounty roads; street lighting; traffic and parking; public road transport; and ferries and harbours, excluding the regulation of international and national shipping and matters related thereto. animal control and welfare, includinglicensing of dogs; and facilities for the accommodation, care and burial of animals. trade development and regulation, includingmarkets; trade licences (excluding regulation of professions); fair trading practices; local tourism; and cooperative societies. county planning and development, includingstatistics; land survey and mapping; boundaries and fencing; housing; and electricity and gas reticulation and energy regulation. pre-primary education, village polytechnics, homecraft centres and childcare facilities. implementation of specific national government policies on natural resources and environmental conservation, includingsoil and water conservation; and forestry. county public works and services, includingstorm water management systems in built-up areas; and water and sanitation services. fire fighting services and disaster management. control of drugs and pornography. ensuring and coordinating the participation of communities and locations in governance at the local level and assisting communities and locations to develop the administrative capacity for the effective exercise of the functions and powers and participation in governance at the local level. fifth schedule. legislation to be enacted by parliament (article 261 (1)) chapter tworepublic legislation in respect of culture (article 11 (3))five years legislation in respect of culture (article 11 (3))five years chapter threecitizenship legislation on citizenship (article 18)one year legislation on citizenship (article 18)one year chapter fourthe bill of rights freedom of the media (article 34)three years family (article 45)five years consumer protection (article 46)four years fair administrative action (article 47)four years fair hearing (article 50)four years rights of persons detained, held in custody or detained (article51)four years kenya national human rights and equality commission (article 59)one year chapter fiveland and environment community land (article 63)five years regulation of land use and property (article 66)five years legislation on land (article 68)18 months agreements relating to natural resources (article 71)five years legislation regarding environment (article 72)four years chapter sixleadership and integrity ethics and anti-corruption commission (article 79)one year legislation on leadership (article 80)two years chapter sevenrepresentation of the people legislation on elections (article 82)one year electoral disputes (article 87)one year independent electoral and boundaries commission (article 88)one year legislation on political parties (article 92)one year chapter eightthe legislature promotion of representation of marginalised groups (article 100)five years vacation of office of member of parliament (article 103)one year right of recall (article 104)two years determination of questions of membership of parliament (article 105)two years right to petition parliament (article 119)two years chapter nineexecutive power of mercy (article 133)one year assumption of office of president (article 141)two years chapter tenjudiciary system of courts (article 162)one year removal from office (article 168)one year judiciary fund (article 173)two years vetting of judges and magistrates (sixth schedule, section 23)one year chapter elevendevolved government speaker of a county assembly (article 178)one year urban areas and cities (article 183)one year support for county governments (article 190)three years removal of a county governor (article 181)18 months vacation of office of member of county assembly (article 194)18 months public participation and county assembly powers, privileges and immunities (article 196)three years county assembly gender balance and diversity (article 197)three years legislation to effect chapter eleven (article 200 and sixth schedule, section 15) and18 months chapter twelvepublic finance revenue funds for county governments (article 207)18 months contingencies fund (article 208)one year loan guarantees by national government (article 213)one year financial control (article 225)two years accounts and audit of public entities (article 226)four years procurement of public goods and services (article 227)four years chapter thirteenpublic service values and principles of public service (article 232)four years values and principles of public service (article 232)four years chapter fourteen-national security national security organs (article 239)two years command of the national police service (article 245)two years general any other legislation required by this constitutionfive years any other legislation required by this constitutionfive years sixth schedule. transitional and consequential provisions (article 262) part 1. general 1. interpretation in this schedule, unless the context requires otherwise"boundaries commission" means interim independent boundaries commission; "electoral commission" means interim independent electoral commission; "former constitution" means the constitution in force before this constitution came into force. 2. suspension of provisions of this constitution the following provisions of this constitution are suspended until the final announcement of all the results of the first elections for parliament under this constitutionchapter seven, except that the provisions of the chapter shall apply to the first general elections under this constitution. chapter eight, except that the provisions of the chapter relating to the election of the national assembly and the senate shall apply to the first general elections under this constitution; and articles 129 to 155 of chapter nine, except that the provisions of the chapter relating to the election of the president shall apply to the first general elections under this constitution. the provisions of this constitution relating to devolved government, including article 187, are suspended until the date of the first elections for county assemblies and governors held under this constitution. despite subsection (2)elections for county assemblies and governors shall be held in accordance with articles 177 and 180 of this constitution; and the laws relating to devolved government, required by this schedule and chapters eleven and twelve of this constitution, shall be enacted within the period stipulated in the fifth schedule. article 62 (2) and (3) is suspended until the national land commission is established. 3. extension of application of provisions of the former constitution until parliament passes the act anticipated in articles 15 and 18, section 93 of the former constitution continues to apply. sections 30 to 40, 43 to 46 and 48 to 58 of the former constitution, the provisions of the former constitution concerning the executive, and the national accord and reconciliation act, shall continue to operate until the first general elections held under this constitution, but the provisions of this constitution concerning the system of elections, eligibility for election and the electoral process shall apply to that election. until the national police service commission mentioned in article 246 is established, section 108(2) of the former constitution applies to appointments, discipline and the removal of persons from office in the national police service. 4. parliamentary select committee there shall be a select committee of parliament to be known as the constitutional implementation oversight committee which shall be responsible for overseeing the implementation of this constitution and which, among other thingsshall receive regular reports from the commission on the implementation of the constitution on the implementation of this constitution including reports concerningthe preparation of the legislation required by this constitution and any challenges in that regard; the process of establishing the new commissions; the process of establishing the infrastructure necessary for the proper operation of each county including progress on locating offices and assemblies and establishment and transfers of staff; the devolution of powers and functions to the counties under the legislation contemplated in section 15 of this schedule; and any impediments to the process of implementing this constitution; coordinate with the attorney-general, the commission on the implementation of the constitution and relevant parliamentary committees to ensure the timely introduction and passage of the legislation required by this constitution; and take appropriate action on the reports including addressing any problems in the implementation of this constitution. 5. commission for the implementation of the constitution there is established the commission for the implementation of the constitution. the commission consists ofa chairperson; and eight other members. the members of the commission shallinclude persons with experience in public administration, human rights and government; and not include any person who served as a member of the committee of experts appointed under the constitution of kenya review act, 2008. articles 248 to 254 apply to the commission. after the commission on revenue allocation has been established, the commission for the implementation of the constitution shall send a notice of its meetings to that commission, and a member of the commission on revenue allocation shall be permitted to attend and participate in any such meeting, but shall not vote. the functions of the commission shall be tomonitor, facilitate and oversee the development of legislation and administrative procedures required to implement this constitution; co-ordinate with the attorney-general and the kenya law reform commission in preparing, for tabling in parliament, the legislation required to implement this constitution; report regularly to the constitutional implementation oversight committee onprogress in the implementation of this constitution; and any impediments to its implementation; and work with each constitutional commission to ensure that the letter and spirit of this constitution is respected. the commission for the implementation of the constitution shall stand dissolved five years after it is established or at the full implementation of this constitution as determined by parliament, whichever is sooner, but the national assembly may, by resolution, extend its life. part 2. existing obligations, laws and rights 6. rights, duties and obligations of the state except to the extent that this constitution expressly provides to the contrary, all rights and obligations, however arising, of the government or the republic and subsisting immediately before the effective date shall continue as rights and obligations of the national government or the republic under this constitution. 7. existing laws all law in force immediately before the effective date continues in force and shall be construed with the alterations, adaptations, qualifications and exceptions necessary to bring it into conformity with this constitution. if, with respect to any particular mattera law that was in effect immediately before the effective date assigns responsibility for that matter to a particular state organ or public officer; and a provision of this constitution that is in effect assigns responsibility for that matter to a different state organ or public officer, the provisions of this constitution prevail to the extent of the conflict. 8. existing land holdings and agreements relating to natural resources on the effective date, any freehold interest in land in kenya held by a person who is not a citizen shall revert to the republic of kenya to be held on behalf of the people of kenya, and the state shall grant to the person a ninety-nine year lease at a peppercorn rent. on the effective date, any other interest in land in kenya greater than a ninety-nine year lease held by a person who is not a citizen shall be converted to a ninety-nine year lease. the provisions of article 71 shall not take effect until the legislation contemplated under that article is enacted. part 3. national government 9. elections and by-elections the first elections for the president, the national assembly, the senate, county assemblies and county governors under this constitution shall be held at the same time, within sixty days after the dissolution of the national assembly at the end of its term. despite subsection (1), if the coalition established under the national accord is dissolved and general elections are held before 2012, elections for the first county assemblies and governors shall be held during 2012. 10. national assembly the national assembly existing immediately before the effective date shall continue as the national assembly for the purposes of this constitution for its unexpired term. 11. the senate until the first senate has been elected under this constitutionthe functions of the senate shall be exercised by the national assembly; and any function or power that is required to be performed or exercised by both houses, acting jointly or one after the other, shall be performed or exercised by the national assembly. any function or power of the senate shall, if performed or exercised by the national assembly before the date contemplated in subsection (1), be deemed to have been duly performed or exercised by the senate. 12. the executive the persons occupying the offices of president and prime minister immediately before the effective date shall continue to serve as president and prime minister respectively, in accordance with the former constitution and the national accord and reconciliation act, 2008 until the first general elections held under this constitution, unless they vacate office in terms of the former constitution and the accord. the persons occupying the offices of vice-president and deputy prime minister or holding a position in the cabinet or as an assistant minister immediately before the effective date shall continue to serve in accordance with the former constitution until the first general elections held under this constitution unless they vacate or are removed from office in accordance with the former constitution and the national accord and reconciliation act. a person who was elected president before the effective date is not eligible to stand for election as president under this constitution. 13. oath of allegiance to this constitution on the effective date, the president and any state officer or other person who had, before the effective date, taken and subscribed an oath or affirmation of office under the former constitution, or who is required to take and subscribe an oath or affirmation of office under this constitution, shall take and subscribe the appropriate oath or affirmation under this constitution. part 4. devolved government 14. operation of provisions relating to devolved government the laws contemplated in section 2 (3) (b) and section 15 may be enacted only after the commission on the implementation of the constitution and, if it has been established, the commission on revenue allocation, have been consulted and any recommendations of the commissions have been considered by parliament. the commissions shall be given at least thirty days to consider legislation under subsection (1). subsections (1) and (2) lapse when the commission on the implementation of the constitution is dissolved. 15. provision for devolution of functions to be made by act of parliament parliament shall, by legislation, make provision for the phased transfer, over a period of not more than three years from the date of the first election of county assemblies, from the national government to county governments of the functions assigned to them under article 185. the legislation mentioned in subsection (1) shallprovide for the way in which the national government shallfacilitate the devolution of power; assist county governments in building their capacity to govern effectively and provide the services for which they are responsible; and support county governments; establish criteria that must be met before particular functions are devolved to county governments to ensure that those governments are not given functions which they cannot perform; permit the asymmetrical devolution of powers to ensure that functions are devolved promptly to counties that have the capacity to perform them but that no county is given functions it cannot perform; and provide mechanisms that ensure that the commission on the implementation of the constitution can perform its role in monitoring the implementation of the system of devolved government effectively. 16. division of revenue despite article 217 (1), the first and second determinations of the basis of the division of revenue among the counties shall be made at three year intervals, rather than every five years as provided in that article. 17. provincial administration within five years after the effective date, the national government shall restructure the system of administration commonly known as the provincial administration to accord with and respect the system of devolved government established under this constitution. 18. local authorities all local authorities established under the local government act (cap. 265) existing immediately before the effective date shall continue to exist subject to any law that might be enacted. part 5. administration of justice 19. rules for the enforcement of the bill of rights until the chief justice makes the rules contemplated by article 22, the rules for the enforcement of the fundamental rights and freedoms under section 84 (6) of the former constitution shall continue in force with the alterations, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with article 22. 20. the judicial service commission the judicial service commission shall be appointed within sixty days after the effective date and the commission shall be deemed to be properly constituted under this constitution despite the fact that there may be a vacancy in its membership because of any of the bodies nominating or electing members have not done so. despite subsection (1), the judicial service commission may not perform its functions unless five members have been appointed. to ensure continuity in the operation of the judicial service commission, despite article 171 (4), when the commission is first constituted the following members shall be appointed to serve for three years onlythe court of appeal judge appointed under article 171 (4) (c); the high court judge appointed under article 171 (4) (d); one of the advocates appointed under article 171 (4) (f), to be identified by the statutory body responsible for the professional regulation of advocates; and one of the members appointed by the president under article 171 (4) (h), to be identified by the president. until the public service commission contemplated in article 233 is established, a person nominated by the public service commission established under section 106 of the former constitution shall serve on the judicial service commission but, when the new public service commission is established, the person shall cease to be a member of the judicial service commission and the new public service commission shall nominate a person to serve on the judicial service commission. 21. establishment of the supreme court the establishment of, and appointment of judges to, the supreme court shall be completed within one year after the effective date. until the supreme court is established, the court of appeal shall have jurisdiction over matters assigned to the supreme court. 22. judicial proceedings and pending matters all judicial proceedings pending before any court shall continue to be heard and shall be determined by the same court or a corresponding court established under this constitution or as directed by the chief justice or the registrar of the high court. 23. judges within one year after the effective date, parliament shall enact legislation, which shall operate despite article 160, 167 and 168, establishing mechanisms and procedures for vetting, within a timeframe to be determined in the legislation, the suitability of all judges and magistrates who were in office on the effective date to continue to serve in accordance with the values and principles set out in articles 10 and 159. a removal, or a process leading to the removal, of a judge, from office by virtue of the operation of legislation contemplated under subsection (1) shall not be subject to question in, or review by, any court. 24. chief justice the chief justice in office immediately before the effective date shall, within six months after the effective date, vacate office and may choose eitherto retire from the judiciary; or subject to the process of vetting under section 23, to continue to serve on the court of appeal. a new chief justice shall be appointed by the president, subject to the national accord and reconciliation act, and after consultation with the prime minister and with the approval of the national assembly. subsection (2) also applies if there are further vacancies in the office of chief justice before the first general elections under this constitution. part 6. commissions and offices 25. constitutional commissions the commission on the implementation of the constitution and the commission on revenue allocation shall be constituted within ninety days after the effective date. the salaries and remuneration commission shall be constituted within nine months after the effective date. until the legislation anticipated in article 250 is in force, the persons appointed as members or as chairperson of the salaries and remuneration commission shall be appointed by the president, subject to the national accord and reconciliation act, and after consultation with the prime minister and with the approval of the national assembly. 26. the kenya national human rights and equality commission the commissioners of the kenya national commission on human rights appointed under the kenya national commission on human rights act, 2002 (no. 9 of 2002) and the commissioners of the national commission on gender and development, appointed under the national commission on gender and development act, 2003 (no. 13 of 2003) other than the permanent secretaries and the attorney-general or a representative of the attorney-general, shall become members of the kenya national human rights and equality commission for their unexpired term but each shall retain the terms of service as at the effective date. the chairperson of the kenya national commission on human rights shall be the chairperson of the kenya national human rights and equality commission for the unexpired term of that chairperson, and the chairperson of the national commission on gender and development shall be the vicechairperson of the kenya national human rights and equality commission for that chairperson's unexpired term. 27. the interim independent boundaries commission the boundaries commission established under the former constitution shall continue to function as constituted under that constitution and in terms of sections 41b and 41c butit shall not determine the boundaries of the counties established under this constitution; it shall determine the boundaries of constituencies and wards using the criteria mentioned in this constitution; and members of the commission shall be subject to chapter seven of this constitution. the requirement in article 89(2) that a review of constituency and ward boundaries shall be completed at least twelve months before a general election does not apply to the review of boundaries preceding the first elections under this constitution. the boundaries commission shall ensure that the first review of constituencies undertaken in terms of this constitution shall not result in the loss of a constituency existing on the effective date. 28. the interim independent electoral commission and independent electoral and boundaries commission the interim independent electoral commission established under section 41 of the former constitution shall continue in office in terms of the former constitution for its unexpired term or until the independent electoral and boundaries commission established under this constitution is established, whichever is later. when members of the independent electoral and boundaries commission are selected, regard shall be had to the need for continuity and the retention of expertise and experience. 29. new appointments the process of appointment of persons to fill vacancies arising in consequence of the coming into force of this constitution shall begin on the effective date and be finalised within one year. unless this schedule prescribes otherwise, when this constitution requires an appointment to be made by the president with the approval of the national assembly, until after the first elections under this constitution, the president shall, subject to the national accord and reconciliation act, appoint a person after consultation with the prime minister and with the approval of the national assembly. part 6. miscellaneous matters 30. citizenship by birth a kenyan citizen is a citizen by birth if that citizenacquired citizenship under article 87 or 88 (1) of the former constitution; or would have acquired citizenship if article 87 (2) read as follows: "every person who, having been born outside kenya, is on 11th december, 1963 a citizen of the united kingdom and colonies or a british protected person shall, if his father or mother becomes, or would but for his or her death have become, a citizen of kenya by virtue of subsection (1), become a citizen of kenya on 12th december, 1963." 31. existing offices unless this schedule provides otherwise, a person who immediately before the effective date, held or was acting in an office established by the former constitution shall on the effective date continue to hold or act in that office under this constitution for the unexpired period, if any, of the term of the person. subject to subsection (7) and section 24, a person who immediately before the effective date held or was acting in a public office established by law, so far as is consistent with this constitution, shall continue to hold or act in that office as if appointed to that position under this constitution. the provisions of this section shall not affect the powers conferred on any person or authority under this constitution or legislation to abolish offices or remove persons from an office contemplated in subsection (2). if a person has vacated an office that the person held before the effective date, and that office is retained or established under this constitution, the person may, if qualified, again be appointed, elected, or otherwise selected to hold that office in accordance with the provisions of this constitution, except to the extent that this constitution expressly provides otherwise. the functions of the director of public prosecutions shall be performed by the attorney-general until a director of public prosecutions is appointed under this constitution. the functions of the controller of budget shall be performed by the auditor-general until a controller of budget is appointed under this constitution. despite subsection (1), the attorney-general and the auditor-general shall continue in office for a period of no more than twelve months after the effective date and the subsequent appointments to those offices shall be made under this constitution. 32. pensions, gratuities and other benefits the law applicable to pensions in respect of holders of constitutional offices under the former constitution shall be either the law that was in force at the date on which those benefits were granted or any law in force at a later date that is not less favourable to the person. 33. succession of institutions, offices, assets and liabilities an office or institution established under this constitution is the legal successor of the corresponding office or institution, established under the former constitution or by an act of parliament in force immediately before the effective date, whether known by the same or a new name. 34. currency nothing in article 231 (4) affects the validity of coins and notes issued before the effective date. preamble in the name of god, most gracious, most merciful this is our constitution egypt is the gift of the nile and the gift of egyptians to humanity. blessed with a unique location and history, the arab nation of egypt is the heart of the whole world. it is the meeting point of its civilizations and cultures and the crossroads of its maritime transportation and communications. it is the tip of africa on the mediterranean and the estuary of its greatest river: the nile. this is egypt, an immortal homeland to egyptians, and a message of peace and love to all peoples. in the beginning of history, the dawn of human conscience rose and shone forth in the hearts of our great ancestors, uniting their good intention to build the first central state that regulated and organized the life of egyptians on the banks of the nile. it is where they created the most amazing wonders of civilization, and where their hearts looked up to the heavens before earth knew the three revealed religions. egypt is the cradle of religions and the banner of glory of the revealed religions. on its land, moses grew up, the light of god appeared, and the message descended on mount sinai. on its land, egyptians welcomed virgin mary and her baby and offered up thousands of martyrs in defense of the church of jesus. when the seal of the messengers mohamed (peace and blessings be upon him) was sent to all mankind to perfect the sublime morals, our hearts and minds were opened to the light of islam. we were the best soldiers on earth to fight for the cause of god, and we disseminated the message of truth and religious sciences across the world. this is egypt; a homeland that we live in as much as it lives in us. in the modern age, minds were enlightened, humanity became mature, and nations and peoples progressed on the path of science, raising the banners of freedom and equality. mohamed ali founded the modern egyptian state with a national army as its pillar. refaa, the son of al-azhar, prayed that the homeland become "a place of common happiness for its people." we, egyptians, strived to keep up with the pace of development, and offered up martyrs and made sacrifices in several uprisings and revolutions until our patriotic army delivered victory to the sweeping popular will in the “jan 25 – june 30” revolution that called for bread, freedom and human dignity within a framework of social justice, and brought back the homeland’s free will. this revolution is but an extension to a process of national struggle whose brightest symbols were ahmed oraby, mostafa kamel, and mohamed farid. it was the capstone of two great revolutions in our modern history: the 1919 revolution that had rid egypt and the egyptians of the british guardianship, and had established the principle of citizenship and equality between the people of the same country. its leader, saad zaghloul, and his successor, mosfata el-nahhas, walked the path of democracy, asserting that “truth is above power and the nation is above the government”. during this revolution, talaat harb laid down the cornerstone of the national economy. the july 23, 1952 revolution that was led by the leader gamal abdel nasser and was embraced by the popular will achieved the dream of generations for evacuation and independence. as a result, egypt affirmed its arab allegiance, opened up to its african continent and muslim world, supported liberation movements across continents, and took firm steps on the path of development and social justice. this revolution represents an extension of the revolutionary march of egyptian patriotism, and supports the strong bond between the egyptian people and their patriotic army that bore the trust and responsibility of protecting the homeland. thanks to it, we achieved victory in our greatest battles including driving off the 1956 tripartite aggression and the glorious victory of october that granted president sadat a special place in our recent history. compared to major revolutions in the history of mankind, the jan 25 – june 30 revolution is a unique revolution, because of the heavy popular participation involved -which was estimated to be in the tens of millions -and the significant role of youth who aspire to a brighter future, the masses who transcended class and ideology to reach out to more expansive patriotic and human horizons, the manner in which the people’s army protected the popular will and the blessings granted to it by al-azhar and the patriotic church. it is also unique because of its peacefulness and ambition to achieve freedom and social justice together. this revolution is a sign and a good omen. it is a sign of a past that is still present and a good omen of a future to which all humanity aspires. the world has almost forgotten about an age that was torn by conflicts of interest between the east and the west, and the north and the south; an age where disputes and wars erupted between classes and peoples, where risks grew, threatening the existence of mankind and life on earth, which god created for us. humanity hopes to move from the age of maturity to the age of wisdom to build a new world where truth and justice prevail, and where freedoms and human rights are protected. we, egyptians, believe that our revolution is an opportunity to return to help write a new history for mankind. we believe that we are capable of using the past as an inspiration, stirring up the present, and making our way to the future. we are capable of developing this homeland that develops us. we believe that every citizen is entitled to live in this homeland in safety and security, and that every citizen is entitled to a today and a tomorrow. we believe in democracy as a path, a future, and a way of life; in political multiplicity; and in the peaceful transfer of power. we affirm the right of the people to make their future. they, alone, are the source of authority. freedom, human dignity, and social justice are a right of every citizen. sovereignty in a sovereign homeland belongs to us and future generations. we are now drafting a constitution that embodies the dream of generations of a prosperous united society and of a fair state that achieves the aspirations of today and tomorrow for individuals and society. we are now drafting a constitution that completes building a modern democratic state with a civil government. we are drafting a constitution that closes the door for any corruption or tyranny, heals the wounds of the past from the time of the old eloquent peasant to the victims of negligence and the martyrs of the revolution in our time, and relieves our people of the injustice they have suffered from for long. we are drafting a constitution that affirms that the principles of islamic sharia are the principle source of legislation, and that the reference for interpretation thereof is the relevant texts in the collected rulings of the supreme constitutional court. we are drafting a constitution that paves the way to the future for us, and which is in line with the universal declaration of human rights, which we took part in the drafting of and approved. we are drafting a constitution that maintains our freedom and protects the nation against every threat against it or against our national unity. we are drafting a constitution that achieves equality between us in rights and duties with no discrimination. we are the citizens. we are the egyptian people, sovereigns in a sovereign homeland. this is our will and this is the constitution of our revolution. this is our constitution. chapter one. the state article 1. nature of the republic the arab republic of egypt is a sovereign state, united and indivisible, where nothing is dispensable, and its system is democratic republic based on citizenship and the rule of law. egypt is part of the arab nation and enhances its integration and unity. it is part of the muslim world, belongs to the african continent, is proud of its asian dimension, and contributes to building human civilization. article 2. islam, principles of islamic sharia islam is the religion of the state and arabic is its official language. the principles of islamic sharia are the principle source of legislation. article 3. christian and jewish religious affairs the principles of the laws of egyptian christians and jews are the main source of laws regulating their personal status, religious affairs, and selection of spiritual leaders. article 4. sovereignty sovereignty belongs to the people alone, which exercises it and protects it. they are the source of power. they safeguard their national unity, which is based on the principle of equality, justice and equal opportunity between citizens, as provided in this constitution. article 5. political system the political system is based on political and partisan multiplicity, the peaceful transfer of power, the separation and balance of powers, authority going with responsibility, and respect for human rights and freedoms, as set out in the constitution. article 6. citizenship citizenship is a right to anyone born to an egyptian father or an egyptian mother. being legally recognized and obtaining official papers proving his personal data is a right guaranteed and organized by law. requirements for acquiring citizenship are specified by law. chapter two. basic components of society section one. social components article 7. al-azhar al-azhar is an independent scientific islamic institution, with exclusive competence over its own affairs. it is the main authority for religious sciences, and islamic affairs. it is responsible for preaching islam and disseminating the religious sciences and the arabic language in egypt and the world. the state shall provide enough financial allocations to achieve its purposes. al-azhar’s grand sheikh is independent and cannot be dismissed. the method of appointing the grand sheikh from among the members of the council of senior scholars is to be determined by law. article 8. social solidarity society is based on social solidarity. the state commits to achieving social justice, providing the means to achieve social solidarity to ensure a decent life for all citizens, in the manner organized by law. article 9. equal opportunity the state ensures equal opportunity for all citizens without discrimination. article 10. family as the basis of society family is the basis of society and is based on religion, morality, and patriotism. the state protects its cohesion and stability, and the consolidation of its values. article 11. the place of women, motherhood and childhood the state commits to achieving equality between women and men in all civil, political, economic, social, and cultural rights in accordance with the provisions of this constitution. the state commits to taking the necessary measures to ensure appropriate representation of women in the houses of parliament, in the manner specified by law. it grants women the right to hold public posts and high management posts in the state, and to appointment in judicial bodies and entities without discrimination. the state commits to the protection of women against all forms of violence, and ensures women empowerment to reconcile the duties of a woman toward her family and her work requirements. the state ensures care and protection and care for motherhood and childhood, and for breadwinning, and elderly women, and women most in need. article 12. right to work, forced labor work is a right, a duty, and an honor guaranteed by the state. there can be no forced labor except in accordance with the law and for the purpose of performing a public service for a defined period of time and in return for a fair wage, without prejudice to the basic rights of those assigned to the work. article 13. worker rights the state commits to protecting worker rights, and works on building balanced work relationships between the two sides of the production process. it ensures means for collective negotiations and works on protecting workers against the risks of work, ensures that conditions for professional security, safety and health are met, and prohibits arbitrary dismissal. all the foregoing is as organized by law. article 14. state employment public posts are a right for citizens on the basis of merit, with no favoritism or mediation. public posts are an assignment in service of the people. the state ensures the rights and protection of civil servants, and that they shall perform their duties in service of the interests of the people. they may not be dismissed outside of disciplinary action except in those situations set out by law. article 15. right to strike striking peacefully is a right which is organized by law. article 16. martyrs and wounded of the revolution the state commits to honoring the martyrs of the nation, caring for the wounded of the revolution, elderly war veterans, the wounded, and families of those missing in war, as well as their equals, and the wounded in security operations, their wives, children and parents. it works on providing them with job opportunities. the foregoing will be organized by law. the state encourages the contribution of civil society to achieving these objectives. article 17. social security services the state provides social security services. all citizens who have no access to the social security system have the right to social security to ensure a decent life, if they are unable to support themselves and their families in the event of incapacity to work, old age or unemployment. the state works to provide appropriate pensions to small farmers, agricultural workers, hunters and informal labor in accordance with the law. insurance and pension funds are private and enjoy all forms of protection afforded to public funds. together with their returns, they are a right of their beneficiaries. they shall be invested in a safe manner and managed by an independent entity, in accordance with the law. the state guarantees funds for insurance and pensions. article 18. health care every citizen is entitled to health and to comprehensive health care with quality criteria. the state guarantees to maintain and support public health facilities that provide health services to the people, and work on enhancing their efficiency and their fair geographical distribution. the state commits to allocate a percentage of government expenditure that is no less than 3% of gross domestic product (gdp) to health. the percentage will gradually increase to reach global rates. the state commits to the establishment of a comprehensive health care system for all egyptians covering all diseases. the contribution of citizens to its subscriptions or their exemption therefrom is based on their income rates. denying any form of medical treatment to any human in emergency or life-threatening situations is a crime. the state commits to improving the conditions of physicians, nursing staff, and health sector workers, and achieving equity for them. all health facilities and health related products, materials, and health-related means of advertisement are subject to state oversight. the state encourages the participation of the private and public sectors in providing health care services as per the law. article 19. education every citizen has the right to education with the aim of building the egyptian character, maintaining national identity, planting the roots of scientific thinking, developing talents, promoting innovation and establishing civilizational and spiritual values and the concepts of citizenship, tolerance and nondiscrimination. the state commits to uphold its aims in education curricula and methods, and to provide education in accordance with global quality criteria. education is obligatory until the end of the secondary stage or its equivalent. the state grants free education in different stages in state educational institutions as per the law. the state commits to allocating a percentage of government spending that is no less than 4% of the gdp for education. it will gradually increase this until it reaches global rates. the state oversees education to ensure that all public and private schools and institutes abide by its educational policies. article 20. technical education, professional training the state commits to encourage and develop technical education and professional training and expand all types thereof in accordance with global quality criteria, in keeping with the needs of the labor market. article 21. academic independence the state guarantees the independence of universities, scientific and linguistic academies. it commits to providing university education in accordance with global quality criteria, and to developing free university education in state universities and institutes as per the law. the state allocates a percentage of the government expenditure that is no less than 2% of gross national product (gnp). it will gradually increase until it reaches global rates. the state works on encouraging the establishment of non-profit public universities. the state guarantees the quality of education in private and public universities, their commitment to global quality criteria, preparing their educational and research cadres, and allocating a sufficient percentage of its returns to develop the educational and research process. article 22. teachers teachers and members of the teaching staff and their assistants are the main pillar of education. the state guarantees the development of their academic competencies and professional skills, and care for their financial and moral rights in order to ensure the quality of education and achieve its objectives. article 23. scientific research the state grants the freedom of scientific research and encourages its institutions as a means to achieving national sovereignty, and building a knowledge economy. the state sponsors researchers and inventors, and allocates a percentage of government expenditures that is no less than 1% of gross national product to scientific research. it will gradually increase until it reaches global rates. the state commits to provide effective means of contribution for the private and public sectors and the contribution of expatriate egyptians to the development of scientific research. article 24. arabic language, religious education and national history the arabic language, religious education, and national history in all its stages are core subjects of preuniversity public and private education. universities are committed to teaching human rights, and professional morals and ethics relating to various academic disciplines. article 25. illiteracy the state commits to developing a comprehensive plan to eradicate alphabetical and digital illiteracy for all citizens from all age groups. it commits to developing implementation mechanisms with the participation of civil society institutions according to a specific timeline. article 26. civil titles the institution of civil titles is prohibited. section two. economic components article 27. economic system the economic system aims at achieving prosperity in the country through sustainable development and social justice to guarantee an increase in the real growth rate of the national economy, raising the standard of living, increasing job opportunities, reducing unemployment rates and eliminating poverty. the economic system is committed to the criteria of transparency and governance, supporting competitiveness, encouraging investment, achieving balanced growth with regards to geography, sector and the environment; preventing monopolistic practices, taking into account the financial and commercial balance and a fair tax system; regulating market mechanisms; guaranteeing different types of ownership; and achieving balance between the interests of different parties to maintain the rights of workers and protect consumers. the economic system is socially committed to ensuring equal opportunities and a fair distribution of development returns, to reducing the gaps between incomes by setting a minimum wage and pension to ensure a decent life, and setting a maximum wage in state agencies for whoever works for a wage as per the law. article 28. production and service based economy activity economic production, service-based and information-based activities are key components of the national economy. the state commits to protecting them, increasing their competiveness, providing an environment that attracts investment, and works on increasing production, encouraging exports, and regulating imports. the state gives special attention to small and medium enterprises in all fields. it works on regulating and training the informal sector. article 29. agriculture agriculture is a basic component of the national economy. the state commits to protecting and increasing land under cultivation, and incriminating encroachments thereon. it works on developing the countryside, raising the standard of living of its inhabitants and protecting it from agricultural risks, and works on developing agricultural and animal production, and encouraging industries based thereon. the state commits to providing the requirements of agricultural and animal production and buying basic agricultural crops at appropriate prices to achieve a profit margin for farmers in agreement with agricultural unions, syndicates and agricultural associations. the state also commits to the allocation of a percentage of reclaimed lands to small farmers and youth graduates, and to the protection of farmers and agricultural workers against exploitation. all the foregoing will take place in the manner organized by law. article 30. fisheries the state commits to protecting fisheries, protecting and supporting fishermen, and empowering them to carry out their work without causing damages to eco-systems, in the manner organized by law. article 31. information space security the security of information space is an integral part of the system of national economy and security. the state commits to taking the necessary measures to preserve it in the manner organized by law. article 32. natural resources natural resources belong to the people. the state commits to preserving such resources, to their sound exploitation, to preventing their depletion, and to take into consideration the rights of future generations to them. the state commits to making the best use of renewable energy resources, motivating investment, and encouraging relevant scientific research. the state works on encouraging the manufacture of raw materials, and increasing their added value according to economic feasibility. disposing of the state’s public property is forbidden. granting the right to exploit natural resources or a concession to a public utility shall take place by law for a period not exceeding 30 years. granting the right to exploit quarries and small mines and salterns, or granting a concession to a public utility shall take place for a period not exceeding 15 years based on a law. the law sets the provisions for disposing of state private property, and the rules and procedures regulating such. article 33. ownership the state protects ownership, which is three types: public ownership, private ownership, and cooperative ownership. article 34. public property public property is inviolable and may not be infringed upon. it is the duty of every citizen to protect it in accordance with the law. article 35. private property private property is protected. the right to inherit property is guaranteed. private property may not be sequestrated except in cases specified by law, and by a court order. ownership of property may not be confiscated except for the public good and with just compensation that is paid in advance as per the law. article 36. private sector’s social responsibility the state encourages the private sector to perform its social responsibility in serving the national economy and society. article 37. cooperative property cooperative property is protected. the state cares for cooperatives, and the law guarantees its protection and support, and ensures its independence. it cannot be dissolved, nor its boards, except by court order. article 38. taxation the taxation system and other public levies aim to develop state resources, and achieve social justice and economic development. public taxes cannot be established, modified, or cancelled except by law. there can be no exemptions except in cases prescribed by law. it is prohibited to require anyone to pay additional taxes or fees except within the limits of the law. when imposing taxes, it must be taken into account that the tax system has multiple sources. the taxes imposed on the incomes of individuals are progressive multi-tier taxes that according to their tax capacity. the tax system ensures the promotion of heavy labor industries, and incentivizing their role in economic, social, and cultural development. the state commits to the development of the tax system, and adoption of modern systems to achieve efficiency, ease and accuracy in tax collection. the law specifies the methods and tools to collect taxes, fees, and any other sovereign returns, and what is deposited in the state treasury. paying taxes is a duty, and tax evasion is a crime. article 39. savings saving is a national duty that is protected and encouraged by the state. the state safeguards savings in accordance with the law. article 40. confiscation of property public confiscation of property is prohibited. private confiscation is prohibited except based on a court judgment. article 41. housing the state commits to the implementation of a housing program that aims at achieving balance between population growth rates and the resources available, maximizing investment in human energy, and improving its features, within the framework of achieving sustainable development. article 42. workers’ share in management workers have a share in the management of projects and their profits. they are committed to developing production and implementing the plan in their production units as per the law. maintaining the tools of production is a national duty. workers’ representatives on the boards of public sector units are 50 percent of the number of elected members. their representation on the boards of public business sector companies takes place in accordance with the law. the law regulates the representation of small farmers and small craftsmen that is no less than 80 per cent of the boards of directors of agricultural, industrial and trade cooperatives. article 43. suez canal the state commits to protecting, developing and maintaining the suez canal as an international waterway that it owns. it is also committed to the development of the canal sector as a significant economic pillar. article 44. the nile the state commits to protecting the nile river, maintaining egypt’s historic rights thereto, rationalizing and maximizing its benefits, not wasting its water or polluting it. the state commits to protecting its groundwater, to adopting methods appropriate to achieve water safety, and to supporting scientific research in this field. every citizen has the right to enjoy the nile river. it is prohibited to encroach upon it or to harm the river environment. the state guarantees to remove encroachments thereon. the foregoing is regulated by law. article 45. seas, beaches, lakes, waterways, groundwater and natural reserves the state commits to protecting its seas, beaches, lakes, waterways, groundwater, and natural reserves. it is prohibited to encroach upon, pollute, or use them in a manner that contradicts their nature. every citizen has the right to enjoy them as regulated by law. the state also commits to the protection and development of green space in urban areas; the protection of plants, livestock and fisheries; the protection of endangered species; and the prevention of cruelty to animals. all the foregoing takes place as regulated by law. article 46. environment every individual has the right to live in a healthy, sound and balanced environment. its protection is a national duty. the state is committed to taking the necessary measures to preserve it, avoid harming it, rationally use its natural resources to ensure that sustainable development is achieved, and guarantee the rights of future generations thereto. section three. cultural components article 47. cultural identity the state is committed to protecting egyptian cultural identity with its diverse civilizational origins. article 48. right to culture culture is a right of every citizen that is guaranteed by the state. the state is committed to support it and provide all types of cultural materials to the different groups of people without discrimination based on financial capacity, geographical location, or anything else. the state gives special attention to remote areas and the groups most in need. the state encourages translation from and to arabic. article 49. monuments the state commits to protecting and preserving antiquities and their areas, and to maintaining them, renovating them, working to retrieve those that have been taken, and organizing and supervising excavations thereof. it is prohibited to give away any of them as gifts or exchange them. attacks upon them and trafficking in them is a crime for which there is no statute of limitations. article 50. material and moral civilizational and cultural heritage egypt’s material and moral civilizational and cultural heritage of all types and from all of the pharaonic, coptic, islamic, and modern periods are a national and human heritage that the state commits to protect and maintain. the same applies to the modern architectural, literary and artistic cultural stock. any attack thereon is a crime punishable by law. the state gives special attention to maintain the components of cultural diversity. chapter three. public rights, freedoms and duties article 51. human dignity dignity is a right for every person that may not be infringed upon. the state shall respect, guarantee and protect it. article 52. torture all forms of torture are a crime with no statute of limitations. article 53. equality in public rights and duties citizens are equal before the law, possess equal rights and public duties, and may not be discriminated against on the basis of religion, belief, sex, origin, race, color, language, disability, social class, political or geographical affiliation, or for any other reason. discrimination and incitement to hate are crimes punishable by law. the state shall take all necessary measures to eliminate all forms of discrimination, and the law shall regulate the establishment of an independent commission for this purpose. article 54. personal freedom personal freedom is a natural right which is safeguarded and cannot be infringed upon. except in cases of in flagrante delicto, citizens may only be apprehended, searched, arrested, or have their freedoms restricted by a causal judicial warrant necessitated by an investigation. all those whose freedoms have been restricted shall be immediately informed of the causes therefor, notified of their rights in writing, be allowed to immediately contact their family and lawyer, and be brought before the investigating authority within twenty-four hours of their freedoms having been restricted. questioning of the person may only begin once his lawyer is present. if he has no lawyer, a lawyer will be appointed for him. those with disabilities shall be provided all necessary aid, according to procedures stipulated in the law. those who have their freedom restricted and others possess the right of recourse before the judiciary. judgment must be rendered within a week from such recourse, otherwise the petitioner shall be immediately released. the law shall regulate preventive detention, its duration, causes, and which cases are eligible for compensation that the state shall discharge for preventative detention or for execution of a penalty that had been executed by virtue of a judgment that is overruled by a final judgment. in all cases, the accused may be brought to criminal trial for crimes that he may be detained for only in the presence of an authorized or appointed lawyer. article 55. due process all those who are apprehended, detained or have their freedom restricted shall be treated in a way that preserves their dignity. they may not be tortured, terrorized, or coerced. they may not be physically or mentally harmed, or arrested and confined in designated locations that are appropriate according to humanitarian and health standards. the state shall provide means of access for those with disabilities. any violation of the above is a crime and the perpetrator shall be punished under the law. the accused possesses the right to remain silent. any statement that is proven to have been given by the detainee under pressure of any of that which is stated above, or the threat of such, shall be considered null and void. article 56. supervision of prisons prison is a house for reform and rehabilitation. prisons and detention centers shall be subject to judicial oversight. all that which violates the dignity of the person and or endangers his health is forbidden. the law shall regulate the provisions to reform and rehabilitate those who have been convicted, and to facilitate a decent life once they are released. article 57. private life private life is inviolable, safeguarded and may not be infringed upon. telegraph, postal, and electronic correspondence, telephone calls, and other forms of communication are inviolable, their confidentiality is guaranteed and they may only be confiscated, examined or monitored by causal judicial order, for a limited period of time, and in cases specified by the law. the state shall protect the rights of citizens to use all forms of public means of communication, which may not be arbitrarily disrupted, stopped or withheld from citizens, as regulated by the law. article 58. inviolability of homes homes are inviolable. except in cases of danger, or if a call for help is made, they may not be entered, searched, monitored or wiretapped except by causal judicial warrant specifying the place, time and purpose thereof. all of the above is to be conducted in cases specified by the law, and in the manner prescribed. upon entering or searching homes, those inside shall be notified and informed of the warrant issued in this regard. article 59. right to safety every person has the right to a secure life. the state shall provide security and reassurance for citizens, and all those residing within its territory. article 60. inviolability of the human body the human body is inviolable. any assault, defilement or mutilation thereof is a crime punishable by law. organ trafficking is forbidden, and no medical or scientific experiment may be performed thereon without the documented free consent of the subject, according to the established principles of the medical field as regulated by law. article 61. tissue and organ donation donation of tissues and organs is a gift of life. every human has the right to donate his body organs during his lifetime or after his death by virtue of a documented consent or will. the state commits to the establishment of a mechanism to regulate the rules for organ donation and transplant in accordance with the law. article 62. freedom of movement freedom of movement, residence and emigration is guaranteed. no citizen may be expelled from state territory or banned from returning thereto. no citizen may be banned from leaving state territory placed under house arrest or banned from residing in a certain area except by a causal judicial order for a specified period of time, and in cases specified by the law. article 63. forced migration all forms of arbitrary forced migration of citizens are forbidden. violations of such are a crime without a statute of limitations. article 64. freedom of belief freedom of belief is absolute. the freedom of practicing religious rituals and establishing places of worship for the followers of revealed religions is a right organized by law. article 65. freedom of thought freedom of thought and opinion is guaranteed. all individuals have the right to express their opinion through speech, writing, imagery, or any other means of expression and publication. article 66. freedom of research freedom of scientific research is guaranteed. the state shall sponsor researchers and inventors and protect and work to apply their innovations. article 67. artistic and literary creation freedom of artistic and literary creation is guaranteed. the state shall undertake to promote art and literature, sponsor creators and protect their creations, and provide the necessary means of encouragement to achieve this end. no lawsuits may be initiated or filed to suspend or confiscate any artistic, literary, or intellectual work, or against their creators except through the public prosecution. no punishments of custodial sanction may be imposed for crimes committed because of the public nature of the artistic, literal or intellectual product. the law shall specify the penalties for crimes related to the incitement of violence, discrimination between citizens, or impugning the honor of individuals. in such cases, the court may force the sentenced to pay punitive compensation to the party aggrieved by the crime, in addition to the original compensations due to him for the damages it caused him. all the foregoing takes place in accordance with the law. article 68. access to information and official documents information, data, statistics and official documents are owned by the people. disclosure thereof from various sources is a right guaranteed by the state to all citizens. the state shall provide and make them available to citizens with transparency. the law shall organize rules for obtaining such, rules of availability and confidentiality, rules for depositing and preserving such, and lodging complaints against refusals to grant access thereto. the law shall specify penalties for withholding information or deliberately providing false information. state institutions shall deposit official documents with the national library and archives once they are no longer in use. they shall also protect them, secure them from loss or damage, and restore and digitize them using all modern means and instruments, as per the law. article 69. intellectual property rights the state shall protect all types of intellectual property in all fields, and shall establish a specialized body to uphold the rights of egyptians and their legal protection, as regulated by law. article 70. freedom of the press freedom of press and printing, along with paper, visual, audio and digital distribution is guaranteed. egyptians -whether natural or legal persons, public or private -have the right to own and issue newspapers and establish visual, audio and digital media outlets. newspapers may be issued once notification is given as regulated by law. the law shall regulate ownership and establishment procedures for visual and radio broadcast stations in addition to online newspapers. article 71. freedom of publication it is prohibited to censor, confiscate, suspend or shut down egyptian newspapers and media outlets in any way. exception may be made for limited censorship in time of war or general mobilization. no custodial sanction shall be imposed for crimes committed by way of publication or the public nature thereof. punishments for crimes connected with incitement to violence or discrimination amongst citizens, or impugning the honor of individuals are specified by law. article 72. independence of press institutions the state shall ensure the independence of all press institutions and owned media outlets, in a way that ensures their neutrality and expressing all opinions, political and intellectual trends and social interests; and guarantees equality and equal opportunity in addressing public opinion. article 73. freedom of house citizens have the right to organize public meetings, marches, demonstrations and all forms of peaceful protest, while not carrying weapons of any type, upon providing notification as regulated by law. the right to peaceful, private meetings is guaranteed, without the need for prior notification. security forces may not to attend, monitor or eavesdrop on such gatherings. article 74. freedom to form political parties citizens have the right to form political parties by notification as regulated by the law. no political activity may be exercised or political parties formed on the basis of religion, or discrimination based on sex, origin, sect or geographic location, nor may any activity be practiced that is hostile to democracy, secretive, or which possesses a military or quasi-military nature. parties may only dissolved by a judicial ruling. article 75. right to establish associations citizens have the right to form non-governmental organizations and institutions on a democratic basis, which shall acquire legal personality upon notification. they shall be allowed to engage in activities freely. administrative agencies shall not interfere in the affairs of such organizations, dissolve them, their board of directors, or their board of trustees except by a judicial ruling. the establishment or continuation of non-governmental organizations and institutions whose structure and activities are operated and conducted in secret, or which possess a military or quasi-military character are forbidden, as regulated by law. article 76. right to form syndicates the establishment of federations and syndicates on a democratic basis is a right guaranteed by law. such federations and syndicates will possess legal personality, be able to practice their activities freely, contribute to improving the skills of its members, defend their rights and protect their interests. the state guarantees the independence of all federations and syndicates. the boards of directors thereof may only dissolved by a judicial ruling. syndicates may not be established within governmental bodies. article 77. trade unions the law shall regulate the establishment and administration of professional syndicates on a democratic basis, guarantee their independence, and specify their resources and the way members are recorded and held accountable for their behavior while performing their professional activities, according to ethical codes of moral and professional conduct. no profession may establish more than one syndicate. receivership may not be imposed nor may administrative bodies intervene in the affairs of such syndicates, and their boards of directors may only be dissolved by a judicial ruling. all legislation pertaining to a given profession shall be submitted to the relevant syndicate for consultation. article 78. housing the state guarantees citizens the right to decent, safe and healthy housing, in a way that preserves human dignity and achieves social justice. the state shall draft a national housing plan that upholds environmental particularity, and guarantees the contribution of personal and collaborative initiatives in its implementation. the state shall also regulate the use of state lands and provide them with basic facilities, as part of a comprehensive urban planning framework for cities and villages and a population distribution strategy. this must be done in a way that serves the public interest, improves the quality of life for citizens and preserves the rights of future generations. the state shall draft a comprehensive, national plan to address the problem of informal areas that includes providing infrastructure and facilities and improving quality of life and public health. the state shall also guarantee the provision of necessary resources to implement the plan within a specified time frame. article 79. food each citizen has the right to healthy, sufficient amounts of food and clean water. the state shall provide food resources to all citizens. it also ensures food sovereignty in a sustainable manner, and guarantees the protection of agricultural biological diversity and types of local plants to preserve the rights of generations. article 80. rights of the child a child is considered to be anyone who has not reached 18 years of age. children have the right to be named and possess identification papers, have access to free compulsory vaccinations, health and family care or an alternative, basic nutrition, safe shelter, religious education, and emotional and cognitive development. the state guarantees the rights of children who have disabilities, and ensures their rehabilitation and incorporation into society. the state shall care for children and protect them from all forms of violence, abuse, mistreatment and commercial and sexual exploitation. every child is entitled to early education in a childhood center until the age of six. it is prohibited to employ children before they reach the age of having completed their primary education, and it is prohibited to employ them in jobs that expose them to risk. the state shall establish a judicial system for child victims and witnesses. no child may be held criminally responsible or detained except in accordance with the law and the time frame specified therein. legal aid shall be provided to children, and they shall be detained in appropriate locations separate from adult detention centers. the state shall work to achieve children’s best interest in all measures taken with regards to them. article 81. rights of the disabled the state shall guarantee the health, economic, social, cultural, entertainment, sporting and education rights of dwarves and people with disabilities. the state shall provide work opportunities for such individuals, and allocate a percentage of these opportunities to them, in addition to equipping public utilities and their surrounding environment. the state guarantees their right to exercise political rights, and their integration with other citizens in order to achieve the principles of equality, justice and equal opportunities. article 82. youth the state guarantees the care of youth and young children, in addition to helping them discover their talents and developing their cultural, scientific, psychological, creative and physical abilities, encouraging them to engage in group and volunteer activity and enabling them to take part in public life. article 83. the elderly the state shall guarantee the health, economic, social, cultural and entertainment rights of the elderly, provide them with appropriate pensions to ensure them a decent standard of living, and empower them to participate in public life. the state shall take into account the needs of the elderly while planning public utilities. it also encourages civil society organizations to participate in caring for the elderly. all the foregoing takes place as organized by law. article 84. sports the state guarantees the right of everyone to practice physical sports. state institutions and society shall work to discover and sponsor gifted athletes and take necessary measures to encourage the practice of sport,. the law shall regulate the affairs of sports and civil sports bodies in accordance with international standards, and how to settle sporting disputes. article 85. right to address public authorities each individual has the right to address public authorities in writing and in signature. no address shall be made in the name of groups except for legal persons. article 86. duty to safeguard national security preservation of national security is a duty, and the commitment of all to uphold such is a national responsibility ensured by law. defense of the nation and protecting its land is an honor and sacred duty. military service is mandatory according to the law. article 87. citizen participation in public life the participation of citizens in public life is a national duty. every citizen has the right to vote, run in elections, and express their opinion in referendums. the law shall regulate the exercise of these rights. performance of these duties may be exempted in cases specified by the law. the state shall enter the name of every citizen in the voter registration database without request from the citizen himself, once the citizen meets voting requirements. the state shall also purge this database periodically in accordance with the law. the state guarantees the safety, neutrality and fairness of referendum and election procedures. the use of public funds, government agencies, public facilities, places of worship, business sector establishments and non-governmental organizations and institutions for political purposes and electioneering is forbidden. article 88. egyptians living abroad the state shall protect the interests of egyptians living abroad, protect them, guarantee their rights and freedoms, enable them to perform their public duties towards the state and society, and engage them in the nation's development. the law shall regulate their participation in elections and referendums in a way consistent with their particular circumstances, without being restricted by the provisions on voting, counting of ballots and announcing of results set forth in this constitution. this shall be done with the granting of guarantees that ensure the fairness and neutrality of the election and referendum process. article 89. slavery, oppression, trafficking slavery and all forms of oppression and forced exploitation against humans are forbidden, as is sex trafficking and other forms of human trafficking, all of which are punishable by law. article 90. charitable endowment the state shall encourage the charitable endowment system to establish and sponsor scientific, cultural, health, and social institutions and others and to ensure their independence. its affairs shall be managed in accordance with the conditions set by the person who created the endowment. this will be regulated by law. article 91. asylum the state shall grant political asylum to any foreigner who has been persecuted for defending the interests of peoples, human rights, peace or justice. extradition of political refugees is forbidden. all of the above is according to the law. article 92. limitations clause rights and freedoms of individual citizens may not be suspended or reduced. no law that regulates the exercise of rights and freedoms may restrict them in such a way as infringes upon their essence and foundation. article 93. international agreements and conventions the state is committed to the agreements, covenants, and international conventions of human rights that were ratified by egypt. they have the force of law after publication in accordance with the specified circumstances. chapter four. rule of law article 94. rule of law the rule of law is the basis of governance in the state. the state is subject to the law, while the independence, immunity and impartiality of the judiciary are essential guarantees for the protection of rights and freedoms. article 95. punishment penalties are personal. crimes and penalties may only be based on the law, and penalties may only be inflicted by a judicial ruling. penalties may only be inflicted for acts committed subsequent to the date on which the law enters into effect. article 96. due process the accused is innocent until proven guilty in a fair court of law, which provides guarantees for him to defend himself. the law shall regulate the appeal of felony sentences. the state shall provide protection to the victims, witnesses, accused and informants as necessary and in accordance with the law. article 97. right to litigate litigation is a safeguarded right guaranteed to all. the state shall bring together the litigating parties, and work towards speedy judgment in cases. it is forbidden to grant any act or administrative decision immunity from judicial oversight. individuals may only be tried before their natural judge. extraordinary courts are forbidden. article 98. right to defense the right of defense either in person or by proxy is guaranteed. the independence of lawyers and the protection of their rights are ensured as a guarantee for the right of defense. for those who are financially incapable, the law guarantees the means to resort to justice and defend their rights. article 99. violation of personal freedom any assault on the personal freedoms or sanctity of the life of citizens, along with other general rights and freedoms guaranteed by the constitution and the law, is a crime with no statute of limitations for both civil and criminal proceedings. the injured party may file a criminal suit directly. the state guarantees just compensation for those who have been assaulted. the national council for human rights shall inform the prosecutor's office of any violation of these rights, and also possesses the right to enter into an ancillary civil lawsuit on the side of the injured party at its request. this is as specified within the law. article 100. implementation of court decisions court decisions shall be issued and implemented in the name of the people. the state guarantees the means of implementing them as regulated by the law. refraining from implementing or impeding implementation by the competent public servants is a crime that is punishable by law. the prevailing party in such a case may file a criminal suit directly with the competent court. upon the request of the prevailing party, the public prosecution must raise criminal proceedings against the public servant who refrained from implementing the decision or impeded it. chapter five. the ruling system section one. legislative authority (house of representatives) article 101. mandate the house of representatives is entrusted with legislative authority, and with approving the general policy of the state, the general plan of economic and social development and the state budget. it exercises oversight over the actions of the executive authority. all the foregoing takes place as set out by the constitution. article 102. composition the house of representatives is composed of no less than four hundred and fifty members elected by direct secret public ballot. at least one quarter of the seats shall be allocated to women. a candidate for the membership of the house must be an egyptian citizen, enjoying civil and political rights, a holder of at least a certificate of basic education, and no younger than 25 years old on the day that candidacy registration is opened. other candidacy requirements, the electoral system, and division of electoral constituencies shall be defined by law in a manner which observes fair representation of the population and governorates. elections based on the plurality voting system or proportional list, or a combination of both at whatsoever ratio may be adopted. the president of the republic may appoint a number of members that does not exceed 5%. the method of their nomination is to be specified by law. article 103. nature of membership a member of the house of representatives devotes himself to the tasks of membership and his post is kept in accordance with the law. article 104. oath prior to the start of his tenure, a member of the house of representatives takes the following oath: “i swear by almighty god to loyally uphold the republican system, to respect the constitution and the law, to fully look after the interests of the people, and to safeguard the independence and territorial integrity of the nation.” article 105. remuneration members shall receive a remuneration defined by law. in the event that the remuneration is modified, the modification does not come into effect until the legislative term following the one when it was adopted begins. article 106. term the term of membership in the house of representatives is five calendar years, commencing from the date of its first session. elections for a new house are held during the 60 days preceding the end its term. article 107. validity of membership the court of cassation has jurisdiction over the validity of membership of members of the house of representatives. challenges shall be submitted to the court within a period not exceeding 30 days from date on which the final election results are announced. a verdict must be passed within 60 days from the date on which the challenge is filed. in the event a membership is deemed invalid, it becomes void from the date on which the verdict is reported to the house. article 108. vacancy if a house of representatives member’s seat becomes vacant at least six months before the end of his term, the vacant position must be filled in accordance with the law within 60 days from the date on which the vacancy is first reported by the house. article 109. restrictions on economic activity, financial disclosure no house of representatives member may, throughout his tenure, whether in person or through an intermediary, purchase or rent any piece of state property, or any public-law legal persons, public sector companies, or the public business sector. nor is he allowed to lease, sell or barter with the state any part of his own property, nor conclude a contract with the state as vendors, suppliers, contractors or others. any such actions shall be deemed void. a member must submit a financial disclosure upon taking office, upon leaving it and at the end of every year. if, because of or in relation to his membership, he should receive cash or in-kind gifts, ownership thereof reverts to the state treasury. the foregoing is organized by law. article 110. revoking membership the membership of any member may only be revoked if a member has lost trust, status or any of the conditions for membership on the basis of which he was elected, or if the duties of membership have been violated. the decision to revoke membership is issued by a two-thirds majority of the members of the house of representatives. article 111. resignation of members the house of representatives accepts the resignation of its members, which must be submitted in writing, and to be accepted must not be submitted after the house has started procedures to revoke membership against the resigning member. article 112. opinions of members a house of representatives member cannot be held accountable for any opinions he expresses relating to his work in the house or its committees. article 113. criminal action against members it is prohibited, except in cases of in flagrante delicto, to take criminal action, according to articles of felonies and misdemeanors, against a member without prior permission from the house of representatives. if not in session, permission must be granted by the house of representatives’ bureau, and the house must be notified of the decision as soon as it is in session. in all cases, if a request for permission to take legal action against a member does not receive a response within 30 days, the permission is to be considered granted. article 114. seat the seat of the house of representatives is in cairo. however, in exceptional circumstances, the house may hold meetings elsewhere, at the request of the president of the republic or one-third of the house’s members. any meetings of the house that do not conform with the foregoing are invalid, including any decisions that may have been passed. article 115. ordinary session the president of the republic convokes the house of representatives for its ordinary annual session before the first thursday of october. if such convocation is not made, the house is required by the constitution to meet on said day. the ordinary session continues for at least nine months. the president of the republic brings the annual session to a close with the approval of the house only after the state’s general budget has been adopted. article 116. extraordinary session it is possible for the house of representatives to be called to an extraordinary meeting to look into an urgent matter based on a request by the president of the republic, or upon a request signed by at least 10 members from the house. article 117. speaker, deputy speakers the house of representatives elects, in the first meeting of its regular annual session, a speaker and two deputy speakers for the full legislative term. if either seat becomes vacant, the house elects a replacement. the house’s rules of procedure set out the rules and procedures of election. if any of them violate the commitments of his post, one-third of the members of the house may make a request to relieve him of his post. the decision is issued by a two-thirds majority of members. in all cases, neither the speaker nor any of the two deputies may be elected for more than two consecutive legislative terms. article 118. rules of procedure the house of representatives establishes its own rules of procedure regulating its work, the manner of practicing its functions, and maintaining order therein. the rules of procedure are issued by virtue of a law. article 119. internal order the house of representatives maintains its internal order, a responsibility that is assumed by the speaker of the house. article 120. public sessions the sessions of the house of representatives are held in public. the house may hold a closed session based on a request by the president of the republic, the speaker of the house, or at least 20 of its members. the house will decide by majority whether the debate in question takes place in a public or a closed session. article 121. quorum and voting the meetings of the house and the resolutions it passes are not considered valid unless attended by the majority of its members. in cases other than those requiring a special majority, resolutions are adopted based on an absolute majority of the members present. in case of a tie of vote, the matter in deliberation is considered rejected. laws are approved by an absolute majority of the attendees, provided that they constitute no less than one third of the members of the house. laws complementing the constitution are issued based on the approval of two thirds of the members of the house. laws regulating the presidential, parliamentary, and local elections, political parties, the judiciary, and judicial bodies, and those organizing the rights and duties stipulated in the constitution are deemed complementary to it. article 122. proposing bills the president of the republic, the cabinet, and every member of the house of representatives has the right to propose laws. every bill presented by the government or by one-tenth of the members of the house is referred to a specialized committee of the house to study and submit a report about it to the house. the committee may seek the opinion of experts on the matter. no bill presented by a member can be referred to the special committee before being permitted by the proposals committee and approved by the house. if the proposals committee refuses a bill, it must give a reason for its decision. any bill or proposed law rejected by the house may not be presented again during the same legislative term. article 123. presidential veto the president of the republic has the right to issue or object to laws. if the president of the republic objects to a draft law approved by the house of representatives, it must be referred back to the house within 30 days of the house's being notified thereof. if the draft law is not referred back to the house within this period, it is considered a law and is issued. if it is referred back to the house within the aforementioned period, and is approved again by a majority of two-thirds of its members, it is considered a law and is issued. article 124. state budget the state budget includes all of its revenue and expenditure without exception. the draft budget is submitted to the house of representatives at least 90 days before the beginning of the fiscal year. it is not considered in effect unless approved thereby, and it is put to vote on a chapter-by-chapter basis. the house may modify the expenditures in the draft budget law, except those proposed to honor a specific state liability. should the modification result in an increase in total expenditure, the house shall reach an agreement with the government on the means to secure revenue resources to achieve a balance between them. the budget is issued in a law, which may include modification to any existing law to the extent necessary to realize such balance. in all cases, the budget law may not include any text that incurs new burdens on citizens. the specifics of the fiscal year, the method of budget preparation, the provisions of the budgets of institutions, public bodies, and their accounts are defined by law. the approval of the house of representatives is necessary for the transfer of any funds from one chapter of the budget to another, as well as for any expenditure not included therein or in excess of its estimates. the approval is issued in a law. article 125. final account the final account of the state budget is submitted to the house of representatives within a period not exceeding 6 months from the end of the fiscal year. the annual report of the central auditing organization and the latter’s observations on the final account must be submitted therewith. the final account of the state budget is put to vote on a chapter-by-chapter basis and is issued by law. the house has the right to request from the central auditing organization any additional data or other reports. article 126. collection and disbursement of public funds the basic rules for collection of public funds and the procedure for their disbursement are regulated by the law. article 127. executive authority the executive authority may not contract a loan, obtain funding, or commit itself to a project that is not listed in the approved state budget entailing expenditure from the state treasury for a subsequent period, except with the approval of the house of representatives. article 128. salaries, pensions, indemnities, subsidies, and bonuses the rules governing salaries, pensions, indemnities, subsidies, and bonuses taken from the state treasury are regulated by law, as are the cases for exception from such rules, and the authorities in charge of their application. article 129. submitting questions every member of the house of representatives may submit questions to the prime minister, to one of his deputies, to a minister, or their deputies on any matter that falls under their mandate. it is obligatory for them to respond to these questions during the same term. the member may withdraw his question at any time. a question may not be converted into an interpellation in the same session. article 130. addressing interrogations every member of the house of representatives may address interpellations to the prime minister, to the prime minister’s deputies, to ministers, or to their deputies in relation to matters that fall under their mandate. debate on an interpellation takes place at least seven days and no more than 60 days after its submission, except in cases of urgency as decided by the house and with the government’s consent. article 131. withdrawal of confidence the house of representatives may decide to withdraw its confidence from the prime minister, a deputy of the prime minister, ministers, or their deputies. a motion of no confidence may be submitted only after an interpellation, upon proposal by at least onetenth of the members of the house of representatives. the house issues its decision after debating the interpellation. a withdrawal of confidence requires a majority of members. in all cases, a no confidence motion may not be made in connection with an issue that has already been decided upon in the same term. if the house decides to withdraw confidence from the prime minister, one of his deputies, a minister, or their deputies and the government has announced its solidarity with him before the vote, then that government is obliged to offer its resignation. if the no confidence resolution concerns a certain member of the government, that member is obliged to resign his office. article 132. discussion of public issues any 20 members of the house of representatives at least may request the discussion of a public issue to obtain clarification on the government’s policy in its regard. article 133. discussion of public issues by members any member of the house of representatives may propose to the prime minister, one of his deputies, any minister, or their deputies the discussion of a public issue. article 134. urgent briefing or statements every member of the house of representatives may request an urgent briefing or a statement from the prime minister, the prime minister’s deputies, any minister, or his deputies in relation to urgent matters of public importance. article 135. fact-finding the house of representatives may form a special committee or entrust one of its existing committees to examine a public matter, or the activities of any administrative department, public agency or public enterprise, for the purpose of fact-finding regarding a specific issue and informing the house of representatives of the actual financial, administrative or economic status, for conducting investigations into a past activity, or for any other purpose; the house decides on the appropriate course of action. in order to carry out its mission, such a committee would be entitled to collect the evidence it deems necessary and to summon individuals to give statements. all bodies shall respond to the committee's requests and place at its disposal all the documents, evidence, or anything otherwise required. in all cases, every member of the house of representatives is entitled to obtain any data or information pertaining to undertaking his work at the house from the executive authority. article 136. attendance of sessions by the prime minister, his deputies, ministers and their deputies the prime minister, his deputies, ministers and their deputies may attend the sessions of either the house of representatives or of any of their committees. their attendance is obligatory if requested by the house. they may be assisted by high-ranking officials of their choice. they are to be heard whenever they request to speak. they must answer questions pertaining to issues that are in discussion, but cannot vote when votes are taken. article 137. dissolution of the house of representatives the president of the republic may not dissolve the house of representatives except when necessary by a causal decision and following a public referendum. the house of representatives may not be dissolved for the same cause for which the previous house was dissolved. the president of the republic must issue a decision to suspend parliamentary sessions and hold a referendum on dissolution within no more than 20 days. if voters agree by a majority of valid votes, the president of the republic issues the decision of dissolution, and calls for early parliamentary elections to take place within no more than 30 days from the date of the decision's issuance. the new house convenes within the 10 days following the announcement of the referendum results. article 138. submitting proposals and complaints citizens may submit written proposals to the house of representatives regarding public issues. citizens may also submit complaints to the house of representatives to be referred to the relevant ministers. if the house requests it, the minister must provide clarifications, and the citizen who submitted the complaint is to be informed of the result. section two. executive authority subsection one. the president of the republic article 139. mandate the president of the republic is the head of state and head of the executive branch of government. he defends the interests of the people, safeguards the independence, territorial integrity and safety of the nation, and abides by the provisions of the constitution and carries out his responsibilities in the manner prescribed therein. article 140. term, election, prohibition on partisan positions the president shall be elected for a period of six calendar years, commencing from the day following the termination of the term of his predecessor. the president may not hold office for more than two consecutive terms. the procedures for electing the president of the republic begin at least 120 days before the end of the presidential term. the result is to be announced at least 30 days before the end of term. the president of the republic may not hold any partisan position for the duration of the presidency. article 141. conditions for candidacy a presidential candidate must be an egyptian born to egyptian parents, and neither he, his parents or his spouse may have held other citizenship. he must have civil and political rights, must have performed the military service or have been exempted therefrom by law, and cannot be younger than 40 years on the day that candidacy registration is opened. other requirements for candidacy are set out by law. article 142. conditions for candidacy to be accepted as a candidate for the presidency, candidates must receive the recommendation of at least 20 elected members of the house of representatives, or endorsements from at least 25,000 citizens who have the right to vote, in at least 15 governorates, with a minimum of 1,000 endorsements from each governorate. in all cases, no one can endorse more than one candidate. this is organized by law. article 143. election the president of the republic is elected by direct secret ballot, with an absolute majority of valid votes. the procedures for electing the president of the republic are regulated by law. article 144. oath before assuming the functions of the presidential office, the president of the republic takes the following oath before the house of representatives: “i swear by almighty god to loyally uphold the republican system, to respect the constitution and the law, to fully uphold the interests of the people and to safeguard the independence and territorial integrity of the nation.” in case of the absence of the house of representatives, the oath is to be taken before the general assembly of the supreme constitutional court. article 145. remuneration the salary of the president of the republic is stipulated by law. the president cannot receive any other salary or remuneration. no modification to the salary may come into effect during the presidential term during which it is approved. the president may not engage throughout the presidential term, whether in person or through an intermediary, in an independent profession or commercial, financial or industrial activity, nor is the president allowed to buy or rent any piece of state property, public-law legal persons or public sector companies, nor lease, sell or barter with the state any part of his own property, nor conclude a contract with the state as vendor, supplier, contractor or other as set out by law. any such actions shall be considered null and void. the president must submit a financial disclosure upon taking office, upon leaving it, and at the end of each year. the disclosure is to be published in the official gazette. throughout the presidential term, the president of the republic may not award himself any orders, badges or medals. if because of or in relation to the presidential post, the president receives, in person or through an intermediary, cash or in-kind gifts, ownership thereof reverts to the state treasury. article 146. government formation the president of the republic assigns a prime minister to form the government and present his program to the house of representatives. if his government does not obtain the confidence of the majority of the members of the house of representatives within no more 30 days, the president appoints a prime minister based on the nomination of the party or the coalition that holds a plurality of seats in the house of representatives. if his government fails to win the confidence of the majority of the members of the house of representatives within 30 days, the house is deemed dissolved, and the president of the republic calls for the elections of a new house of representatives within 60 days from the date the dissolution is announced. in all cases, the sum of the periods set forth in this article shall not exceed 60 days. in the event that the house of representatives is dissolved, the prime minister presents the government and its program to the new house of representatives at its first session. in the event that the government is chosen from the party or the coalition that holds a plurality of seats at the house of representatives, the president of the republic may, in consultation with the prime minister, choose the ministers of justice, interior, and defense. article 147. governmental exemption the president of the republic may exempt the government from carrying out its tasks, provided that the house of representatives approves of such with a majority. the president of the republic may conduct a cabinet reshuffle after consultation with the prime minister and the approval of the house of representatives with an absolute majority of attendees that is no less than one third of its members. article 148. delegation of authorities the president of the republic may delegate some of his authorities to the prime minister, his deputies, the ministers, or the governors. none of them may delegate others. this will be organized by law. article 149. convening of government the president of the republic may call the government to meeting to discuss important matters, and presides over the meetings that he attends. article 150. the state’s general policy the president of the republic, jointly with the cabinet, sets the general policy of the state and oversees its implementation as set out by the constitution. the president of the republic may deliver a statement on the state’s general policy before the house of representatives at the opening of its regular session. the president may make other statements or convey other messages to the house. article 150bis the president of the republic may appoint one vice-president or more, determine their competencies, and may delegate them in some of his duties, relieve them of their posts, and accept their resignation. the vice-presidents of the republic shall take the oath before assuming office provided for in article 144 of the constitution before the president of the republic. the provisions of the constitution shall apply to the vice-presidents of the republic in articles 141, 145 and 173. article 151. foreign relations the president of the republic represents the state in foreign relations and concludes treaties and ratifies them after the approval of the house of representatives. they shall acquire the force of law upon promulgation in accordance with the provisions of the constitution. with regards to any treaty of peace and alliance, and treaties related to the rights of sovereignty, voters must be called for a referendum, and they are not to be ratified before the announcement of their approval in the referendum. in all cases, no treaty may be concluded which is contrary to the provisions of the constitution or which leads to concession of state territories. article 152. the president and the armed forces the president of the republic is the supreme commander of the armed forces. the president cannot declare war, or send the armed forces to combat outside state territory, except after consultation with the national defense council and the approval of the house of representatives with a two-thirds majority of its members. if the house of representatives is dissolved, the supreme council of the armed forces (scaf) must be consulted and the approval of the cabinet and national defense council must be obtained. article 153. appointment of civil and military personnel and diplomats the president of the republic appoints civil and military personnel and diplomatic representatives and dismisses them, and confirms political representatives to foreign countries and organizations in accordance with the law. article 154. state of emergency the president of the republic declares, after consultation with the cabinet, a state of emergency in the manner regulated by law. such proclamation must be submitted to the house of representatives within the following seven days to consider it. if the declaration takes place when the house of representatives is not in regular session, a session is called immediately in order to consider the declaration. in all cases, the declaration of a state of emergency must be approved by a majority of members of the house of representatives. the declaration is for a specified period not exceeding three months, which can only be extended by another similar period upon the approval of two-thirds of house members. in the event the house of representatives is dissolved, the matter is submitted to the new house in its first session. the house of representatives cannot be dissolved while a state of emergency is in force. article 155. pardon and amnesty the president of the republic may issue a pardon or mitigate a sentence after consulting with the cabinet. general amnesty may only be granted in a law, which is ratified by a majority of members of the house of representatives. article 156. decrees that have the force of law in the event that the house of representatives is not in session, and where there is a requirement for urgent measures that cannot be delayed, the president of the republic convenes the house for an emergency session to present the matter to it. in absence of the house of representatives, the president of the republic may issue decrees that have the force of law, provided that these decrees are then presented to the house of representatives, discussed and approved within 15 days from the date the new house convenes. if such decrees are not presented to the house and discussed, or if they are presented but not approved, their legality is revoked retroactively, without the need to issue a decision to that effect, unless the house affirms their validity for the previous period, or chooses to settle the consequent effects. article 157. referendum the president of the republic may call for a referendum on issues relating to the supreme interests of the country without prejudice to the provisions of the constitution. if the call for a referendum relates to more than one issue, the people must vote on each individual issue. article 158. resignation the president of the republic may submit his resignation to the house of representatives. if the house is dissolved, he submits it to the general assembly of the supreme constitutional court. article 159. prosecution a charge of violating the provisions of the constitution, high treason or any other felony against the president of the republic is to be based on a motion signed by at least a majority of the members of the house of representatives. an impeachment is to be issued only by a two-thirds majority of the members of the house of representatives and after an investigation to be carried out by the prosecutor general. if there is an impediment, he is to be replaced by one of his assistants. as soon as an impeachment decision has been issued, the president of the republic ceases all work; this is treated as a temporary impediment preventing the president from carrying out presidential duties until a verdict is reached in the case. the president of the republic is tried before a special court headed by the president of the supreme judicial council, and with the membership of the most senior deputy of the president of the supreme constitutional court, the most senior deputy of the president of the state council, and the two most senior presidents of the court of appeals; the prosecution to be carried out before such court by the prosecutor general. if an impediment exists for any of the foregoing individuals, they are replaced by order of seniority. the court verdicts are irrevocable and not subject to challenge. the law organizes the investigation and the trial procedures. in the case of conviction, the president of the republic is relieved of his post, without prejudice to other penalties. article 160. vacancy in case the president of the republic is temporarily prevented from assuming his powers, such powers shall be given to his vice-president or by the prime minister when there is no vice-president or when the vice-president cannot replace the president. if the presidential office becomes vacant, due to resignation, death, permanent disability to work or any other reason, the house of representatives announces the vacancy of the office. if the vacancy occurs for any other reason, the house announces it with a two-thirds majority. the house notifies the national elections commission, the speaker of the house of representatives temporarily assumes presidential powers. in the event the house of representatives is dissolved, the general assembly of the supreme constitutional court and its chairman replace the house of representatives and its speaker. in all cases, a new president must be elected during a period not exceeding 90 days from the date the office becomes vacant. in such a case, the presidential term commences as of the date the result of elections is announced. the interim president or whoever temporarily assumes presidency may not request any amendment to the constitution, dissolve the house of representatives, dismiss the government or run for the presidency. article 161. withdrawal of confidence the house of representatives may propose to withdraw confidence from the president of the republic and hold early presidential elections upon a causal motion signed by at least a majority of the members of the house of representatives and the approval of two-thirds of its members. the motion may only be submitted once for the same cause during the presidential term. upon the approval of the proposal to withdraw confidence, the matter of withdrawing confidence from the president of the republic and holding early presidential elections is to be put to public referendum by the prime minister. if the majority approves the decision to withdraw confidence, the president of the republic is to be relieved from his post, the office of the president of the republic is to be deemed vacant, and early presidential elections are to be held within 60 days from the date the referendum results are announced. if the result of the referendum is refusal, the house of representatives is to be deemed dissolved, and the president of the republic is to call for electing a new house of representatives within 30 days of the date of dissolution. article 162. priority of presidential elections if the vacancy of the presidential office occurs at the same time that a referendum or the election of the house of representatives is being held, the presidential elections are given priority. the existing parliament continues in place until the completion of the presidential elections. subsection two. the government article 163. composition, prime minister’s mandate the government is the supreme executive and administrative body of the state and it consists of the prime minister, the prime minister’s deputies, the ministers, and their deputies. the prime minister heads the government, oversees its work, and directs it in the performance of its functions. article 164. conditions for candidacy a person appointed to the position of prime minister or any other position in the government must be an egyptian citizen of egyptian parents, and he and his spouse may not have held the citizenship of any other country, must enjoy civil and political rights, must have performed the military service or have been exempted therefrom, and must be at least 35 years old at the time of appointment. anyone appointed as a member of the government is required to be an egyptian, enjoying his civil and political rights, have performed the military service or have been exempted therefrom, and to be at least 30 years old at the time of appointment. it is prohibited to hold a position in the government in addition to membership in the house of representatives. if a member of the house is appointed to the government, his place in the house becomes vacant as of the date of this appointment. article 165. oath before assuming their duties, the prime minister and members of government take the following oath before the president of the republic: “i swear by almighty god to loyally uphold the republican system, to respect the constitution and the law, to fully uphold the interests of the people and to safeguard the independence, territorial integrity and safety of the nation.” article 166. remuneration the salary of the prime minister and members of government are stipulated by law. they cannot receive any other salary or remuneration, nor engage throughout the term of their posts, whether in person or through an intermediary, in independent professions, or commercial, financial or industrial activities. nor are they allowed to buy or rent any piece of state property, public-law legal persons or public sector companies, nor lease, sell or barter any of their property with the state, nor conclude a contract with the state as vendors, suppliers, contractors or others as set out by law. any such actions are deemed null and void. the prime minister and members of government must submit a financial disclosure upon taking office, upon leaving it and at the end of each year. the disclosure is to be published in the official gazette. if, because of or in relation to their posts, they should receive cash or in-kind gifts, ownership thereof reverts to the state treasury. the foregoing is organized by law. article 167. governmental mandate the government exercises the following functions in particular: collaborate with the president of the republic in setting the public policy of the state and overseeing its implementation. maintain the security of the nation, and protect the rights of citizens and the interests of the state. direct, coordinate and follow up on the work of the ministries and their affiliated public bodies and organizations. prepare draft laws and decrees. issue administrative decisions in accordance with the law, and monitor their implementation. prepare the draft general plan of the state. prepare the draft annual state budget law. contract and grant loans in accordance with the provisions of the constitution. implement laws. article 168. ministerial mandate the minister draws up his ministry’s general policy, supervises its implementation and offers guidance and oversight, in collaboration with the competent bodies and within the framework of the state’s public policy. higher management posts in every ministry include a permanent undersecretary to ensure achieving institutional stability and increasing the level of efficiency in the implementation of its policy. article 169. statements before the house of representatives a member of government may make a statement before the house of representatives, or one of its committees, concerning any matters within their mandate. the house or the committee may discuss such a statement and convey its position regarding it. article 170. regulations to enforce laws the prime minister issues necessary regulations for the enforcement of laws, in such a manner that does not involve any disruption, modification, or exemption from their enforcement, and has the right to vest others with the authority to issue them, unless the law designates who should issue the necessary regulations for its own implementation. article 171. regulations to create and organize public utilities the prime minister issues the regulations necessary for the creation and organization of public utilities and interests upon the approval of the government. article 172. disciplinary regulations the prime minister issues disciplinary regulations upon the approval of the government. article 173. investigation and trial the prime minister and members of the government are subject to the general rules organizing investigation and trial procedures, if they commit crimes while exercising the functions of their posts or because of them. the end of their term of service does not preclude the start or resumption of prosecution. in case of a charge of high treason against any member of the government, the provisions stipulated in article 159 of the constitution apply. article 174. resignation if the prime minister offers his resignation, the letter of resignation must be presented to the president of the republic. if a minister offers his resignation, it must be presented to the prime minister. subsection three. local administration article 175. administrative units the state is divided into local administrative units that have legal personality. they include governorates, cities and villages. other administrative units that have legal personality may be established, if the public interest requires such. when establishing or abolishing local units or amending their boundaries, economic and social conditions shall be taken into account. the foregoing is organized by law. article 176. empowerment of administrative units the state ensures support for administrative, financial, and economic decentralization. the law organizes empowering administrative units in providing, improving, and managing public utilities well, and defines the timeline for transferring powers and budgets to the local administration units. article 177. needs of local units the state guarantees that it will satisfy the local units’ needs in terms of scientific, technical, administrative and financial assistance, and ensures the equitable distribution of facilities, services and resources, and works to bring development levels in these units to a common standard and achieve social justice between these units. this will be organized by law. article 178. finances of local units local units have independent financial budgets. local units’ resources include, in addition to the resources allocated to them by the state, original and additional taxes and fees of a local nature. the unit follows the same rules and procedures in the collection of public funds as followed by the state. the foregoing is regulated by law. article 179. selection of governors and heads of local units the law regulates the manner in which governors and heads of other local administrative units are selected, and defines their mandate. article 180. election of local councils every local unit elects a local council by direct, secret ballot for a term of four years. a candidate must be no younger than 21 years old. the law regulates other conditions for candidacy and procedures of election, provided that one quarter of the seats are allocated to youth under 35 years old, one quarter is allocated for women, workers and farmers are represented by no less than 50 percent of the total number of seats, and these percentages include a proper representation of christians and people with disability. local councils are responsible for developing and implementing the development plan, monitoring the activity’s different aspects, exercising the tools of monitoring the executive authority such as proposals, and submitting questions, briefing motions, interpellations and others, and withdrawing confidence from the heads of local units, in the manner organized by law. the law defines the mandate of other local councils, their financial sources, guarantees of its members, and their independence. article 181. local council decisions local council decisions that are issued within the council’s mandate are final. they are not subject to interference from the executive authority, except to prevent the council from overstepping these limits, or causing damage to the public interest or the interests of other local councils. any dispute over the jurisdiction of these local councils in villages, centers or towns is settled by the governorate-level local council. disputes over the jurisdiction of governorate-level local councils are dealt with as a matter of urgency by the general assembly of the legal opinion and legislation departments of the state council. the foregoing is organized by law. article 182. budgets and final accounts of local councils every local council is in charge of its own budget and final accounts, in the manner organized by law. article 183. dissolution of local councils it is prohibited to dissolve local councils as part of a comprehensive administrative procedure. the manner to dissolve and reelect them is organized by law. section three. the judicial authority subsection one. general provisions article 184. the judiciary the judiciary is independent. it is vested in the courts of justice of different types and degrees, which issue their judgments in accordance with the law. its powers are defined by law. interference in judicial affairs or in proceedings is a crime to which no statute of limitations may be applied. article 185. judicial bodies each judicial body or organization shall manage its own affairs, shall be consulted concerning the draft laws regulating its affairs; each of them shall have an independent budget. the president of the republic shall appoint the heads of the judicial bodies or organizations, out of the oldest seven deputies thereof, for a period of four years, or until their retirement age, whichever is earlier, and for one time throughout their terms of office, as regulated by law. a supreme council for the judicial bodies or organizations headed by the president of the republic shall hold their common affairs. the members of the council would include the head of the supreme constitutional court, the heads of the judicial bodies or organizations, the head of cairo appeal court, and the prosecutor general. the council shall have a secretary who is appointed by the president of the republic for a period of time specified by the law and alternately between the members of the council. in the absence of the president of the republic, he shall be replaced temporarily by who he authorizes from among the heads of the bodies or organizations. the council shall be competent to consider the conditions of appointing, promoting and disciplining members of bodies or organizations. the council’s opinion shall be taken on the draft laws regulating the affairs of these bodies and organizations. decisions shall be issued with the approval of a majority of its members. article 186. judicial independence judges are independent, cannot be dismissed, are subject to no other authority but the law, and are equal in rights and duties. the conditions and procedures for their appointment, secondment, delegation and retirement are regulated by the law. it also regulates their disciplinary accountability. they may not be fully or partly delegated except to bodies and to perform tasks that are identified by law, provided that all the foregoing maintains the independence and impartiality of the judiciary and judges and prevents conflicts of interest. the rights, duties and guarantees granted to them are specified by law. article 187. public sessions court sessions are public, unless, for reasons of public order or morals, the court deems them confidential. in all cases, the verdict is given in an open session. subsection two. the judiciary and public prosecution article 188. mandate the judiciary adjudicates all disputes and crimes except for matters over which another judicial body is competent. only the judiciary settles any disputes relating to the affairs of its members, and its affairs are managed by a higher council whose structure and mandate are organized by law. article 189. public prosecution the public prosecution is an integral part of the judiciary. it is responsible for investigating, pressing charges and prosecuting all criminal cases except what is exempted by law. the law establishes the public prosecution’s other competencies. the prosecutor general shall be in charge of the public prosecution. he shall be chosen by the president of the republic out of three nominees from the supreme judicial council, the deputy heads of the court of cassation and the heads of the courts of appeal and the assistant attorneys for a period of four years or until reaching retirement age, whichever is earlier. article 190. mandate the state council is an autonomous judicial body, and it shall have the exclusive jurisdiction to settle administrative disputes and disputes relevant to the execution of all its rulings as well as the adjudication of disciplinary cases and appeals and decisions of disciplinary boards. it is the one concerned with giving opinions for the legal issues of the bodies determined by the law, revising the draft laws, the decisions that have a legislative character, the draft contracts which the law determines them and their values, and which the state or one of the public authorities is one of their parties. subsection three. the state council section four. the supreme constitutional court article 191. independence, seat, budget, general assembly the supreme constitutional court is an independent judicial body. it is based in cairo. if necessary, it may convene anywhere else in the country with the approval of the court’s general assembly. it has an independent budget whose items are all discussed by the house of representatives. after it is approved, it is incorporated in the state budget as a single figure. the court’s general assembly is responsible for governing the court’s affairs and is consulted on the draft laws related to the court’s affairs. article 192. jurisdiction the supreme constitutional court is exclusively competent to decide on the constitutionality of laws and regulations, interpret legislative texts, and adjudicate in disputes pertaining to the affairs of its members, in disputes between judicial bodies and entities that have judicial mandate, in disputes pertaining to the implementation of two final contradictory rulings, one of which is issued by any judicial body or an agency with judicial mandate and the other issued by another body, and in disputes pertaining to the implementation of its rulings and decisions. the law defines the court’s other competencies and regulates the procedures that are to be followed before the court. article 193. composition the court is made up of a president and a sufficient number of deputies to the president. the commissioners authority of the supreme constitutional court is composed of a president and a sufficient number of presidents in the authority, advisors and assistant advisors. the president of the republic shall choose the head of the constitutional court from among the five oldest deputy heads of the court. the president of the republic shall also appoint the deputy head of the court from among two candidates, one of whom shall be nominated by the general assembly of the court, while the head of the court shall nominate the other. the head of the board of commissioners and its members shall be appointed by a decision of the president of the republic based on the nomination of the head of the court, and after consulting the general assembly of the court, all as prescribed by law. article 194. president and vice-presidents the president and the vice-presidents of the supreme constitutional court, and the head and members of its commissioners authority are independent, cannot be dismissed, and are subject to no other authority but the law. the law sets out the conditions that they must meet. the court is responsible for their disciplinary accountability as set out by law. they are entitled to all the rights, duties and guarantees granted to other members of the judiciary. article 195. publication of rulings and decisions the official gazette publishes the rulings and decisions issued by the supreme constitutional court. they are binding to everyone and to all state authorities. they enjoy absolute authenticity in their regard. the effects of a decision that a legislative text is unconstitutional are organized by law. section five. judicial bodies article 196. state cases authority the state cases authority is an independent judicial body. it undertakes the legal representation of the state in lawsuits and disputes to which the state is party. it may propose settling of disputes at any stage of litigation in accordance with the law. it also conducts technical supervision the cases undertaken by the departments of legal affairs at the state’s administrative body. it authors the draft contracts referred to it by administrative bodies and to which the state is party. the foregoing is organized by law. its other competencies are defined by law. its members have all of the securities, rights and duties assigned to other members of the judiciary. their disciplinary accountability is organized by law. article 197. administrative prosecution the administrative prosecution is an independent judicial body. it investigates financial and administrative irregularities, and those referred to it. regarding these irregularities, it has the authorities vested in the administration body to inflict disciplinary penalties. challenging its decisions takes place before the competent disciplinary court at the state council. it also initiates and conducts proceedings and disciplinary appeals before the state council courts in accordance with the law. all the foregoing is organized by law. other competencies are defined by law. its members share securities, rights and duties assigned to other members of the judiciary. their disciplinary accountability is organized by law. section six. the legal profession article 198. guarantees, prohibition against arrest the legal profession is an independent profession. it participates with the judiciary in achieving justice and the rule of law, and ensuring the right to defense. it is practiced independently by lawyers, and lawyers of public sector and public business sector agencies and companies. while undertaking the right of defense before courts, all lawyers enjoy the guarantees and protection granted to them by law, which also apply to them before investigation and trial authorities. except in cases of flagrante delicto, arresting or detaining lawyers while exercising their right of defense is prohibited. the foregoing is organized by law. section seven. aides to the judiciary article 199. judicial experts, forensic medicine experts, and members of the notary public judicial experts, forensic medicine experts, and notary publics undertake their work independently. the law ensures the necessary guarantees and protection for them to perform their work, as organized by law. section eight. the armed forces and the police force subsection one. the armed forces article 200. mandate the armed forces belong to the people, and their duty is to protect the country, preserve its security and the integrity of its territories and maintain the constitution, democracy, the basic of civil state, as well as the people's gains, rights and freedoms. only the state shall be entitled to establish the armed forces. no individual, organization, entity, or group shall be allowed to create military or quasi-military squadrons, groups or organizations. the armed forces have a supreme council as regulated by law. article 201. commander in chief of the armed forces the minister of defense is the commander in chief of the armed forces, appointed from among its officers. article 202. public mobilization, administrative disputes the law regulates public mobilization and defines the conditions of service, promotion and retirement in the armed forces. the judicial committees for officers and personnel of the armed forces are exclusively competent for adjudicating in all administrative disputes pertaining to decisions affecting them. the law regulates the rules and procedures for challenging the decisions of these committees. subsection two. the national defense council article 203. composition, mandate a national defense council is established, presided over by the president of the republic and including in its membership the prime minister, the speaker of the house of representatives, the minister of defense, the minister of foreign affairs, the minister of finance, the minister of interior, the chief of the general intelligence service, the chief of staff of the armed forces, the commanders of the navy, the air forces and air defense, the chief of operations for the armed forces and the head of military intelligence. the council is responsible for looking into matters pertaining to the methods of ensuring the safety and security of the country, for discussing the armed forces’ budget, which is incorporated as a single figure in the state budget. its opinion must be sought in relation to draft laws on the armed forces. its other competencies are defined by law. when discussing the budget, the head of the financial affairs department of the armed forces and the heads of the planning and budgeting committee and the national security committee at the house of representatives shall be included the president of the republic may invite whoever is seen as having relevant expertise to attend the council’s meetings without having their votes counted. subsection three. the military judiciary article 204. definition, mandate, military trial of civilians the military judiciary is an independent judiciary that adjudicates exclusively in all crimes related to the armed forces, its officers, personnel, and their equals, and in the crimes committed by general intelligence personnel during and because of the service. no civilian shall face trial before the military court, except for crimes that constitute an assault against military facilities or camps of the armed forces, or their equivalents, or facilities that are protected by the armed forces, against military zones or border zones determined as military zones, against the armed forces’ equipment, vehicles, weapons, ammunition, documents, military secrets, or its public funds, or against military factories; crimes pertaining to military service; or crimes that constitute a direct assault against the officers or personnel of the armed forces by reason of performing their duties. the law defines such crimes and determines the other competencies of the military judiciary. members of the military judiciary are autonomous and cannot be dismissed. they share the securities, rights and duties stipulated for members of other judiciaries. subsection four. the national security council article 205. composition, mandate the national security council is established. it is presided over by the president of the republic and includes in its membership the prime minister, the speaker of the house of representatives, the minister of defense, the minister of interior, the minister of foreign affairs, the minister of finance, the minister of justice, the minister of health, the chief of the general intelligence services, and the heads of the committees of defense and national security in the house of representatives. the council adopts strategies for establishing security in the country and facing disasters and crises of all kinds, takes necessary measures to contain them, identifies sources of threat to egyptian national security, whether at home or abroad, and undertakes necessary actions to address them on the official and popular levels. the council may invite whoever is seen as being of relevant expertise to attend its meetings without having their votes counted. other competencies and regulations are defined by law. subsection five. the police force article 206. mandate the police force is a statutory civil body that is in the service of the people. its loyalty is to the people. it ensures safety and security to citizens, preserves public order and morality. it is committed to undertake the duties imposed on it by the constitution and the law, and to respect human rights and basic rights. the state guarantees that members of the police force perform their duties. guarantees for that are organized by law. article 207. supreme police council the supreme police council is composed from among the most senior officers of the police force and the head of the legal opinion department at the state council. the council assists the minister of interior in organizing the police force and managing the affairs of its members. its other competences are identified by law. it must be consulted in any laws pertaining to it. section nine. the national elections commission article 208. mandate the national elections commission is exclusively responsible for managing referenda and presidential, parliamentary and local elections, which includes the preparation and update of a database of voters, proposal and division of constituencies, setting regulations for and overseeing electoral campaigns, funding, electoral expenditure declaration thereof, and managing the procedures for out-of-country voting by expatriate egyptians, and other procedures, up to the announcements of results. the foregoing is regulated by law. article 209. structure, composition the national elections commission is administered by a board made up of 10 members selected equally from among the vice-presidents of the court of cassation, the presidents of the courts of appeal, the vice-president of the state council, the state affairs and administrative prosecution, who are to be selected by the supreme judicial council and special councils of the aforementioned judicial bodies depending on the circumstances, provided that they are not members in them. they are appointed by decree from the president of the republic. they are selected to exclusively work at the commission for one term of at least six years. the commission’s presidency belongs to its most senior member from the court of cassation. half of the members of the council are replaced every three years. the commission may refer to public figures, specialists, and those deemed to have relevant expertise in the field of elections. they do not have the right to vote. the commission has a permanent executive body. the law determines its composition, system of operation, and the rights, duties and securities of its members to achieve their neutrality, independence and integrity. article 210. administering voting and counting of votes voting and counting of votes in referenda and elections run by the commission is administered by its affiliated members under the overall supervision of the board. it may use the help of members of judicial bodies. the voting and counting of votes in elections and referenda in the 10 years following the date on which this constitution comes to effect are to be overseen by members of judicial bodies and entities in the manner set out in the law. the supreme administrative court adjudicates challenges against the commission’s decisions pertaining to referenda, presidential and parliamentary elections, and their results. challenges against local elections are to be filed before the administrative court. dates to file challenges against these decisions are specified by law, provided that challenges are finally adjudicated within ten days from the date of filing them. section ten. the national media council article 211. mandate, composition the national media council is an independent entity that has a legal personality, enjoys technical, financial and administrative independence, and has an independent budget. the council is regulates the affairs of radio, television, and printed and digital press, among others. the council is responsible for guaranteeing and protecting the freedom of press and media stipulated in the constitution; safeguarding its independence, neutrality, plurality and diversity, preventing monopolistic practices; monitoring the legality of the sources of funding of press and media institutions; and establishing the controls and regulations necessary to ensure the commitment of press and media outlets to adhere to professional and ethical standards, and national security needs as set out by law. the law determines the composition of the council, its system of operation, and stipulates the conditions of employment for its staff. the council is to be consulted on bills and regulations related to its field of operation. article 212. national press and media association the national press and media association is independent, manages state-owned press and media institutions, and undertakes the development of them and their assets, and ensures their development, independence, neutrality and their adherence to sensible professional, administrative and economic standards. the composition of the association, its system of operation, and the conditions of employment of its staff are specified by law. it is to be consulted about bills and regulations pertaining to its field of operation. article 213. national press and media association the national press and media association is independent, manages state-owned television, radio and digital media outlets, and undertakes the development of them and their assets, and ensures their development, independence, neutrality and their adherence to sensible professional, administrative and economic standards. the composition of the association, its system of operation, and the conditions of employment for its staff are specified by law. it is to be consulted about bills and regulations pertaining to its field of operation. section eleven. national councils, independent bodies and regulatory agencies subsection one. national councils article 214. national councils the law specifies independent national councils including the national council for human rights, the national council for women, the national council for childhood and motherhood, and the national council for persons with disability. the law sets out their structures, mandates, and guarantees for the independence and neutrality of their members. they have the right to report to the public authorities any violations pertaining to their fields of work. these councils have legal personalities and enjoy technical, financial, and administrative independence. they are to be consulted with regards to draft laws and regulations pertaining to their affairs and fields of work. subsection two. independent bodies and regulatory agencies article 215. independent bodies and regulatory agencies independent bodies and regulatory agencies are identified by law. these bodies and agencies have legal personality, and technical, financial and administrative independence, and are consulted about draft laws and regulations that relate to their fields of operation. these bodies and agencies include the central bank, the egyptian financial supervisory authority, the central auditing organization, and the administrative control authority. article 216. creation of each independent body or regulatory agency for the creation of each independent body or regulatory agency, a law is issued defining its competencies, regulating its work and stipulating guarantees for its independence and the necessary protection for its employees and the rest of their conditions, to ensure their neutrality and independence. the president of the republic appoints the heads of independent bodies and regulatory agencies upon the approval of the house of representatives with a majority of its members, for a period of four years, renewable once. they cannot be relieved from their posts except in cases specified by law. the same prohibitions apply to them that apply to ministers. article 217. reporting by independent bodies and regulatory agencies independent bodies and regulatory agencies present annual reports to the president of the republic, the house of representatives and the prime minister at their time of issuance. the house of representatives considers such reports and takes appropriate action within a period not exceeding four months from the date of receipt. the reports are presented for public opinion. independent bodies and regulatory agencies notify the appropriate investigative authorities of any evidence of violations or crimes they may discover. they must take the necessary measures with regards to these reports within a specified period of time. the foregoing is regulated by law. article 218. fighting corruption the state is committed to fighting corruption, and the competent control bodies and organizations are identified by law. competent oversight bodies and organizations commit to coordinate with one another in combating corruption, enhancing the values of integrity and transparency in order to ensure sound performance of public functions, preserve public funds, and develop and following up on the national strategy to fight corruption in collaboration with other competent control bodies and organizations, in the manner organized by law. article 219. central auditing organization the central auditing organization is responsible for monitoring the funds of the state, public legal personalities and other bodies to be identified by law; for the implementation of the state budget and independent budgets; and for reviewing its final accounts. article 220. central bank the central bank is responsible for developing and overseeing the implementation of monetary, credit, and banking polices, and for monitoring banks. it is exclusively entitled to issue banknotes. it maintains the safety of the monetary and banking system, and the stability of prices within the framework of the state's general political economic policy, in the manner organized by law. article 221. financial supervisory authority the egyptian financial supervisory authority is responsible for monitoring and supervising markets and non-banking financial tools including capital markets, futures exchanges, insurance activities, real estate funding, financial leasing, and factoring and securitization, in the manner organized by law. chapter six. general and transitional provisions section one article 222. capital cairo is the capital of the arab republic of egypt. article 223. flag the national flag of the arab republic of egypt consists of three colors black, white, and red with the eagle of saladin in golden yellow. the emblem, decorations, insignia, seal and the national anthem are defined by law. desecration of the egyptian flag is a crime punishable by law. article 224. legal continuity all of the provisions stipulated by laws and regulations prior to the proclamation of this constitution remain valid and in force. they may not be amended or repealed except in accordance with the regulations and procedures prescribed in the constitution. the state commits to issuing laws implementing the provisions of this constitution. article 225. publication of laws in the official gazette laws are published in the official gazette within 15 days from the date of their issuance, to be effective 30 days from the day following the date of publication, unless the law specifies a different date. provisions of the laws apply only from the date of their entry into force. however, with the approval of a two-thirds majority of the members of house of representatives, provisions to the contrary may be made in articles pertaining to non-criminal and non-tax-related matters. article 226. amendment the amendment of one or more of the constitution articles may be requested by the president of the republic or one-fifth of the members of the house of representatives. the request specifies the articles to be amended and the reasons for the amendments. in all cases, the house of representatives will debate the request within 30 days from the date of its receipt. the house issues its decision to accept the request in whole or in part by a majority of its members. if the request is rejected, the same amendments may not be requested again before the next legislative term. if the amendment request is approved by the house, it discusses the text of the articles to be amended within 60 days from the date of approval. if approved by a two-thirds majority of the house’s members, the amendment is put to public referendum within 30 days from the date of approval. the amendment is effective from the date on which the referendum’s result and the approval of a valid majority of the participants in the referendum are announced. in all cases, texts pertaining to the re-election of the president of the republic or the principles of freedom and equality stipulated in this constitution may not be amended, unless the amendment brings more guarantees. article 227. constitution and preamble the constitution and its preamble and texts are a well-knit fabric that is non-divisible. its provisions constitute one coherent unit. section two article 228. high electoral committee, presidential election committee the high electoral committee and the presidential election committee existing at the time this constitution comes into force shall undertake the full supervision of the first parliamentary and presidential elections following the date it came into effect. the funds of the two committees revert to the national electoral commission, as soon as the latter is formed. article 229. election of the house of representatives the election of the house of representatives following the date on which this constitution comes into effect shall take place in accordance with the provisions of article 102. article 230. procedures for parliamentary and presidential elections procedures for the election of the president of the republic or the house of representatives shall take place in the manner regulated by law, provided that they begin within no less than 30 days and no more than 90 days of this constitution coming into effect. in all cases, the next electoral procedures shall begin within a period not exceeding six months as of the date the constitution comes into effect. article 231. beginning of the presidential term the presidential term following the adoption of this constitution begins as of the date that the final result of the elections is announced. article 232. the interim president the interim president of the republic continues to exercise the presidential powers stipulated in the constitution until the elected president of the republic takes the constitutional oath. article 233. vacancy of the office of the interim president if on account of a temporary impediment, the interim president of the republic is rendered unable to exercise his powers, the prime minister acts in his place. if the interim presidential office becomes vacant, due to resignation, death, permanent inability to work or any other reason, the most senior vice-president of the supreme constitutional court replaces him. article 234. minister of defense the minister of defense shall be appointed upon the approval of the supreme council of the armed forces. article 235. building and renovating churches in its first legislative term after this constitution comes into effect, the house of representatives shall issue a law to organize building and renovating churches, guaranteeing christians the freedom to practice their religious rituals. article 236. economic and urban development of border and underprivileged areas the state shall develop and implement a plan for the comprehensive economic and urban development of border and underprivileged areas, including upper egypt, sinai, matrouh, and nubia. this is to be achieved by the participation of the residents of these areas in the development projects and the priority in benefiting from them, taking into account the cultural and environmental patterns of the local community, within ten years from the date that this constitution comes into effect, in the manner organized by law. the state works on developing and implementing projects to bring back the residents of nubia to their original areas and develop them within 10 years in the manner organized by law. article 237. war on terrorism the state commits to fighting all types and forms of terrorism and tracking its sources of funding within a specific time frame in light of the threat in represents to the nation and citizens, with guarantees for public rights and freedoms. the law organizes the provisions and procedures of fighting terrorism, and fair compensation for the damages resulting from it and because of it. article 238. government expenditure on education the state shall gradually implement its commitment to the allocation of the minimum government expenditure rates on education, higher education, health and scientific research that are stipulated in this constitution as of the date that it comes into effect. it shall be fully committed to it in the state budget of the fiscal year 2016/2017. the state commits to providing compulsory education until the completion of the secondary stage in a gradual manner to be completed in school year 2016/2017. article 239. delegating judges, members of judicial bodies the house of representatives issues a law organizing the rules for delegating judges and members of judicial bodies and entities to ensure cancelling full and partial delegation to non-judicial bodies or committees with judicial competence, or for managing justice affairs or overseeing elections, within a period not exceeding five years from the date on which this constitution comes into effect. article 240. rulings of criminal courts the state ensures providing financial and human capacities pertaining to appealing the rulings issued by criminal courts within 10 years from the date this constitution comes into effect. the foregoing is organized by law. article 241. transitional justice in its first session after the enforcement of this constitution, the house of representatives commits to issuing a transitional justice law that ensures revealing the truth, accountability, proposing frameworks for national reconciliation, and compensating victims, in accordance with international standards. article 241bis the current presidential term, as per the proposed amendments, shall end six years after the announcement of the results of the residential elections in 2018. the current president shall have the right to be reelected once. article 242. local administration the existing local administration system continues to be used until the system stipulated in the constitution is gradually implemented within five years of its date of entry into force without prejudice to article 180 of this constitution. article 243. workers and farmers representation in parliament the state shall endeavor that workers and farmers be appropriately represented, as regulated by law. article 244. representation for youth, christians, disabled persons, etc the state shall endeavor that youth, christians, persons with disability and egyptians living abroad be appropriately represented in the house of representatives, as regulated by law. article 244bis the provisions of the first paragraph of article 102 shall apply as of the next legislative chapter. article 245. employees of the shoura council the employees of the shoura council who are still serving on the date that this constitution is adopted are transferred to the house of representatives while keeping the same degrees and seniorities they occupied on that date. their salaries, allowances, remunerations, and the rest of their financial rights granted to them in a personal capacity are kept. all funds of the shoura council revert to the house of representatives. article 246. constitutional declarations the constitutional declaration issued on the 5th of july 2013, the constitutional declaration issued on the 8th of july 2013, and any constitutional texts or provisions mentioned in the constitution issued on 2012 but not covered by this constitutional document are hereby repealed as of the date that it comes into effect. however, their consequent effects remain in force. article 247. entry into force this constitution comes into effect on the date that it is announced that the people have approved it in a referendum through a majority of valid votes of the participants. article 248 the senate is concerned with studying and proposing what it sees as a tool to consolidate democracy, support national unity, social peace, the basic values of society, supreme values, rights, freedoms and public duties, and deepen and expand the democratic system. article 249 the opinion of the senate shall be taken as follows: proposals for the amendment of one or more articles of the constitution. projects concerning the general plan for social and economic development. treaties of reconciliation and alliance and all treaties relating to the rights of sovereignty. draft laws supplementing the constitution and others referred to senate by the president of the republic. what the president of the republic refers to the senate concerning the general policy of the state or its policy in arab or foreign affairs. article 250 the senate shall consist of a number of members determined by law, not less than 180 members. two-thirds of the members of the council shall be elected by direct secret universal suffrage. the president of the republic shall appoint the remaining third and the elections shall be held in accordance with the law. article 251 a candidate for membership in the senate or the person who appoints him must be an egyptian with civil and political rights. he must have at least a university degree or equivalent, and his age must be less than thirty-five years. the law specifies the conditions of candidacy, electoral system and the division of constituencies to take into account the equitable representation of the population and the governorates. nomination can take place through singlemember election or multi-member election, or both together. article 252 the membership of the senate and house of representatives shall not be combined. article 253 the prime minister, his deputies, ministers and other members of the government are not accountable to the senate. article 254 the provisions of the constitution shall apply to the senate in articles 103, 104, 105, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 1, 2, 132, 133, 136 and 137, in a manner not inconsistent with the provisions of this section, provided that the specializations in the said articles shall be exercised by the senate and its president. preamble we, the representatives of the salvadorian people gathered in constituent assembly, putting our trust in god, our will in the high destinies of the country and in exercise of the sovereign authority that the people of el salvador have conferred to us, encouraged by the fervent desire to establish the foundations of national coexistence based in respect for the dignity of the human person, in the construction of a more just society, the essence of democracy and the spirit of freedom and justice, values of our humanistic inheritance, decree, sanction and proclaim, the following constitution title i sole chapter. the human person and the ends of the state article 1 el salvador recognizes the human person as the origin and the end of the activity of the state, which is organized to attain justice, judicial security, and the common good. in that same manner, it recognizes as a human person every human being since the moment of conception. in consequence, it is the obligation of the state to secure for the inhabitants of the republic, the enjoyment of liberty, health, culture, economic well-being and social justice. title ii. the rights and fundamental guarantees of the person chapter i. individual rights and their regimen of exceptions first section. individual rights article 2 every person has the right to life, physical and moral integrity, liberty, security, work, property and possession, and to be protected in the conservation and defense of the same. the right to honor, personal and family intimacy, and one’s own image is guaranteed. indemnification, in conformity with the law, is established for damages of a moral character. article 3 all persons are equal before the law. for the enjoyment of civil rights, no restrictions shall be established that are based on differences of nationality, race, sex or religion. hereditary offices and privileges are not recognized. article 4 every person in the republic is free. no one who enters its territory shall be a slave nor the individual who traffics in slaves be a citizen. no one shall be subjected to servitude or to any other condition that injures their dignity. article 5 every person has the liberty to enter, remain in, and leave the territory of the republic, save the limitations that the law establishes. no one shall be obligated to change their domicile or residence, except by order of a judicial authority in special cases and by means of the requirements indicated by the law. no salvadoran shall be expatriated, nor his entry into the republic prohibited, nor a passport or other documents of identification for his return be denied. neither shall the right to leave the territory of the republic be prohibited, except by resolution or sentence of a competent authority, dictated in accordance with the laws. article 6 every person may freely express and disseminate his thoughts provided they do not subvert the public order nor injure the moral, honor or private lives of others. the exercise of this right shall not be subject to previous examination, censorship or bond; but those who infringe on the laws [while] making use of this right, shall respond for the offense they commit. in no event may the press, its accessories, or any other media destined to the dissemination of thought be sequestered as an instrument of crime. the businesses which devote themselves to written, radioed or televised communication and other publishing businesses shall not be the object of state confiscation (estatización) or nationalization, either by expropriation or by any other proceeding. this prohibition is applicable to the stocks or shares (cuotas sociales) of their owners. the mentioned businesses shall not establish different tariffs or make any other type of discrimination due to the political or religious character of what is published. the right to respond is recognized as a protection of the fundamental rights and guarantees of the person. public shows shall be subject to censorship in conformity with the law. article 7 the inhabitants of el salvador have the right to associate freely and to meet peacefully, without arms, for any lawful purpose. nobody shall be obligated to belong to an association. a person shall not be limited or impeded from the exercise of any licit activity because he does not belong to an association. the existence of armed groups of a political, religious or guild character is prohibited. article 8 no one is obligated to do what the law does not order nor deny themselves of what it does not prohibit. article 9 no one shall be obligated to perform work or render personal services without fair remuneration and without their full consent, except in cases of public disaster and others specified by the law. article 10 the law shall not authorize any act or contract that implies the loss or irreparable sacrifice of the liberty or dignity of the person. nor shall it authorize agreements in which a person covenants his own proscription or exile. article 11 no person shall be deprived of the right to life, liberty, property and possession, nor any other of his rights without previously being heard and defeated in a trial according to the laws; nor shall he be tried twice for the same cause. persons have the right to habeas corpus when any individual or authority illegally or arbitrarily restricts their liberty. habeas corpus shall also proceed when any authority attacks the dignity or physical, mental or moral integrity of detained persons. article 12 every person accused of an offense shall be presumed innocent while his guilt is not proven in conformity with the law and in public trial in which all the guarantees necessary for his defense have been assured. the detained person shall be immediately and clearly informed of his rights and of the reasons for his detention, and cannot be compelled to make a declaration. the detained is guaranteed the assistance of a defense lawyer (defensor) during the proceedings of the auxiliary organs of the administration of justice and in judicial proceedings, in the terms established by the law. declarations obtained against the will of the person lack value; whoever so obtains and employs them shall incur penal responsibility. article 13 no governmental organ, authority, or functionary shall issue orders for detention or imprisonment if it is not in conformity with the law, and these orders shall be always written. if an offender is caught in flagrante [delicto], he may be detained by any person to be immediately delivered to the competent authority. administrative detention shall not exceed seventy-two hours, within which the detained must be consigned to the order of a competent judge, with the diligences that he may have practiced. detention for investigation shall not last longer than seventy-two hours, and the corresponding court shall be obligated to notify the prisoner in person of the motive for his detention, to receive his unsworn statement (indagatorio), and to decree his liberty or provisional detention, within the stated period. for reasons of social protection, subjects who, by their antisocial, immoral, or harmful activities reveal a dangerous state and offer imminent risks for society or individuals, shall be subjected to re-educative or re-adaptative security measures. the said security measures shall be strictly regulated by law and subject to the competence of the judicial organ. article 14 the power to impose punishments corresponds solely to the judicial organ. however, the administrative authority may sanction, through resolution or sentence and through the correct process, violations of laws, regulations or ordinances, through an arrest of up to five days or through a fine, which may be exchanged for social services provided to the community. article 15 no one shall be tried except in conformity with laws promulgated prior to the action in question, and by courts previously established by the law. article 16 the same judge shall not try the same case in different instances. article 17 no organ, functionary or authority may remove pending cases, nor re-open closed trials or procedures. in case of correction of [a] penal matter[,] the state shall indemnify, in conformity with the law, the victims of the duly proven judicial errors. indemnification shall be possible for delay of justice. the law shall establish the direct responsibility of the functionary and the derivative [responsibility] of the state. article 18 every person has the right to address written petitions, in a decorous manner, to the legally established authorities; and to have such petition resolved and to be informed of the result. article 19 search or examination of the person shall only be practiced to prevent or investigate crimes or offenses. article 20 the home is inviolable and can only be entered by consent of the person who inhabits it, a court order, a crime detected in the act or imminent danger of its perpetration, or grave risk of persons. the violation of this right will allow reclamation of indemnity for the damages and losses caused. article 21 the laws shall not have retroactive effect, except in matters of public order and in penal matters if the new law is favorable to the offender. the supreme court of justice will always have the authority to determine, within its competence, if a law is or is not of public order. article 22 every person has the right to dispose freely of his property in conformity with the law. property is transferable in the form determined by the laws. there shall be free making of wills (testamentifacción). article 23 the freedom to make contracts in conformity with the laws is guaranteed. no person who has the free administration of his property may be deprived of the right to settle his civil or commercial affairs by compromise or arbitration. as to those who do not have free administration, the law shall determine the cases in which they may do so and the necessary requirements. article 24 correspondence of every kind is inviolable; if intercepted, it shall not be given credence nor accepted as evidence in any legal action, except in the cases of insolvency proceedings and bankruptcy. interference of telecommunications is prohibited. exceptionally, the temporary intervention of any kind of telecommunications may be judicially authorized, in a written and reasoned form, maintaining in any case the secrecy of private issues that are unrelated to the process. information drawn from an illegal intervention will have no value. the attested contravention of what is established in this article, by any official, will be just cause for the instant destitution from his office and will lead to compensation for damages caused. a special law shall determine the crimes in which investigation of this authorization may be granted. it will also indicate the controls, periodic reports to the legislative assembly, and administrative, civil and criminal responsibilities and sanctions that the officials that illegally apply this exceptional measure will incur in. the enactment and amendment of this law demands the favorable vote of at least two thirds of the total number of elected deputies. article 25 the free exercise of all religions, without other restrictions than those required by the moral and the public order, is guaranteed. no religious act shall serve as evidence of the civil status of persons. article 26 the juridical personality of the catholic church is recognized. the other churches may obtain recognition of their personality in conformity with the law. article 27 the death penalty shall be imposed only in cases foreseen by the military laws during a state of international warfare. imprisonment for debt, perpetual punishment, infamy, outlaws (las proscriptivas) and all forms of torture are prohibited. the state shall organize the penitentiary centers with the objective of reforming offenders, educating them, and teaching them work habits, seeing to their re-adaptation [into society] and the prevention of crime. article 28 el salvador concedes asylum to the foreigner who desires to reside in its territory, except in cases provided for by the laws and by international law. these exceptions shall not include anyone persecuted only for political reasons. the extradition shall be governed in accordance with the international treaties and, when involving salvadorians, shall only proceed if specifically provided for in the corresponding treaty, and if said treaty has been approved by the legislative branch of the respective signatory countries. in every case, its provisions shall consecrate the principle of reciprocity and shall provide salvadorians with all the criminal and procedural guarantees established by this constitution. the extradition shall proceed when the crime has been perpetrated in the territorial jurisdiction of the soliciting country, except in the case of crimes of international transcendence, and shall never take place in cases involving political crimes, even if common crimes arise as a result. the ratification of all extradition treaties shall require the affirmative vote of two-thirds of the elected deputies. second section. regime of exception article 29 in cases of war, invasion of territory, rebellion, sedition, catastrophe, epidemic, or other general disaster, or serious disturbances of the public order, the guarantees established in articles 5; 6, first paragraph; 7, first paragraph; and 24 of this constitution shall be suspended, except for meetings or associations with religious, cultural, economic or sport purposes. this suspension may affect all or part of the territory of the republic and may be accomplished by a decree of the legislative organ or the executive organ, as the case may be. likewise, the guarantees contained in articles 12, second paragraph, and 13, second paragraph, of this constitution, shall be suspended whenever the legislative organ so accords, with the favorable vote of three quarters of the elected deputies; the administrative detention not exceeding fifteen days. article 30 the period of suspension of constitutional guarantees shall not exceed 30 days. after this period has lapsed, the suspension may be extended for an equal period and by means of a new decree, if the circumstances which motivated it continue. if such a decree is not issued, the suspended guarantees shall remain re-established in full right. article 31 when the circumstances that motivated the suspension of constitutional guarantees disappear, the legislative assembly, or the council of ministers, according to the case, shall re-establish such guarantees. chapter ii. social rights first section. the family article 32 the family is the fundamental basis of society and shall have the protection of the state, which shall dictate the necessary legislation and create the appropriate organizations and services for its integration, well-being and social, cultural, and economic development. the legal foundation of the family is marriage and rests on the juridical equality of the spouses. the state shall foment marriage; but the lack of this shall not affect the enjoyment of the rights established in favor of the family. article 33 the law shall regulate the personal and patrimonial relations of spouses amongst themselves, and between themselves and their children, establishing the rights and reciprocal duties on an equitable basis; and shall create the necessary institutions to guarantee its applicability. likewise it shall regulate the family relations resulting from the stable union of a man and a woman. article 34 every child has the right to live in familial and environmental conditions that permit his integral development, for which he shall have the protection of the state. the law shall determine the duties of the state and shall create institutions for the protection of maternity and infancy. article 35 the state shall protect the physical, mental and moral health of minors, and shall guarantee their right to education and assistance. antisocial conduct of minors that constitutes a crime or misdemeanor shall be subject to a special juridical regime. article 36 children born in or out of wedlock and adopted children, shall have equal rights before their parents. it is the obligation of these to give their children protection, assistance, education and security. the records of the civil register shall not indicate any sign (calificación) of the nature of filiation, nor shall birth certificates express the civil status of the parents. every person has the right to have a name that identifies him. the secondary law will regulate this matter. the law shall also determine the forms of investigating and establishing paternity. second section. labor and social security article 37 labor is a social function; it enjoys the protection of the state, and it is not regarded an article of commerce. the state shall employ all resources that are in its reach to provide employment to manual or intellectual workers, and to ensure him and his family the economic conditions for a dignified existence. in the same form, it shall promote the work and the employment of people with physical, mental or social limitations or disabilities. article 38 labor shall be regulated by a code which shall have the principal objective of harmonizing the relations between employers and workers, establishing their rights and obligations. it shall be based on general principles that tend toward the improvement of the living conditions of workers, and shall include especially the following rights: in the same business or establishment and under identical circumstances, to equal work shall correspond equal remuneration for the worker, without regard for his sex, race, creed, or nationality; every worker has the right to earn a minimum wage, which shall be fixed periodically. to fix this wage, attention shall be paid above all to the cost of living, the type of work, the different systems of remuneration, the distinct zones of production, and other similar criteria. this wage shall be sufficient to satisfy the normal needs of the worker’s home in their material, moral and cultural aspects. for piecework, contract work (por ajuste) or work for a lump sum (precio alzado), it is obligatory to assure the minimum wage per day (jornada) of work; salary and social benefits, in the quantity determined by law, are unattachable and cannot be compensated or retained, except for obligations to supply essential support (obligaciones alimenticias). amounts also may be retained for social security, union quota, or tax obligations. worker’s instruments of labor are unattachable; the salary shall be paid in legal tender (moneda de curso legal). the salary and social benefits constitute privileged credits in relation to other credits that may exist against an employer; employers shall give their workers a bonus for each year of work. the law shall establish the form in which one shall determine the quantity in relation to salaries; the ordinary workday (jornada) of effective daytime work shall not exceed eight hours, and the work-week shall not exceed forty-four hours; the maximum hours of overtime (horas extraordinarias) for each type of work shall be determined by the law. the night shift (jornada) and the shift that requires dangerous or unhealthy tasks shall be shorter than the daytime shift and shall be regulated by law. the limitation on working hours shall not apply in cases of force majeure. the law shall determine the length of pauses that shall interrupt the workday when, attending to biological reasons, the rhythm of tasks so demand, and of those that shall intercede between two workdays. overtime and night work shall receive additional remuneration (recargo); every worker has the right to one day of remunerated rest for each work week, in the form required by law. the workers who do not enjoy rest on the days previously indicated, shall have the right to additional remuneration for the services rendered on these days and a compensatory leave; workers shall have the right to paid rest on the holidays (días de asueto) designated by law; [the law] shall determine the kind of work for which this disposition shall not apply, but in those cases, workers shall have the right to extraordinary remuneration; every worker that accredits a minimum of services performed during a given period, shall have the right to an annual paid vacation in the form determined by law. vacations shall not be compensated by money and, to the obligation of the employer to grant them corresponds the obligation of the worker to take them; those less than fourteen years old, and those having reached this age but who remain subject to obligatory education in virtue of the law, may not be employed in any type of work. their employment shall be authorized when it is considered indispensable for their subsistence or that of their family, provided that this does not prevent compliance with the minimum of obligatory education. the workday for those under sixteen years old cannot be more than six hours a day and thirty-four hours a week, in any kind of work. unhealthy or dangerous work is prohibited for persons under eighteen years of age and women. night work is also prohibited for persons under eighteen years old. the law shall define (determinar) dangerous and unhealthful work; the employer who discharges a worker without just cause is obligated to indemnify him according to the law; the law shall determine under which conditions employers are obligated to pay their permanent workers who resign from their work an economic compensation (prestación), which amount shall be fixed in relation to their salaries and time of service. resignation produces its effects without the need for acceptance by the employer, but the latter’s refusal to pay corresponding compensation constitutes a legal presumption of unfair discharge. in the case of total and permanent incapacitation or death of the worker, the worker or his beneficiaries shall have the right to the compensations they would receive in the case of voluntary resignation. article 39 the law shall regulate the conditions under which collective labor contracts and agreements shall be concluded. the stipulations that these contain shall be applicable to all workers in the businesses that signed them, although they do not belong to the contracting union, and also to the other workers who enter such enterprises while the contracts or agreements are in effect. the law shall establish the procedure to make uniform working conditions in different economic activities, on the basis of provisions contained in the majority of collective contracts and agreements in force in each type of activity. article 40 a system of professional training (formación) is established for the preparation and qualification of human resources. the law shall regulate the scope, extent and form in which the system is to be put in effect. contracts of apprenticeship shall be regulated by law, to assure that the apprentice shall receive training in an occupation, dignified treatment, equitable remuneration, and welfare (previsión) and social security benefits. article 41 the domestic worker (trabajador a domicilio) has the right to an officially designated minimum wage, and to the payment of indemnification for time lost by motive of an employer’s delay in ordering or receiving work or for the arbitrary or unjustified suspension of work. domestic workers shall be recognized as having an analogous legal situation as other workers, taking into consideration the special characteristics of their work. article 42 the working woman shall be entitled to paid rest before and after childbirth, and to the conservation of her employment. the laws shall regulate the obligation of employers to install and maintain crib rooms and places of custody for the children of workers. article 43 employers are obligated to pay indemnification and to provide medical, pharmaceutical and other services established by the laws for workers who suffer work accidents or any occupational disease. article 44 the law shall regulate the conditions to be met by workshops, factories, and working premises. the state shall maintain a technical inspection service charged with seeing that legal norms for labor, assistance, welfare, and social security are strictly complied with, to the end of verifying their results, and suggesting pertinent reforms. article 45 agricultural and domestic workers have the right to protection with respect to wages, working hours, rests, vacations, social security, indemnification for dismissal, and, in general, to social benefits. the extent and nature of the aforementioned rights shall be determined by law according to the conditions and peculiarities of the work. persons who perform services that are domestic in character in industrial, commercial businesses, social entities and other similar enterprises shall be considered manual workers and shall have the rights granted to these. article 46 the state shall propitiate the creation of a bank owned by the workers. article 47 employers and private employees without distinction of nationality, sex, race, creed or political ideas, whatever their activity or the nature of the work they complete, have the right to associate freely for the protection of their respective interests, by forming professional associations or trade unions. workers in official autonomous institutions, public officials and employees and the municipal employees shall have the same right. public officials and employees covered in the third paragraph of article 219 and of article 236 of this constitution, members of the armed forces, of the national civil police, members of the judicial career and public servants who exercise decision-making functions or have directive responsibilities or are employees whose obligations are of a highly confidential nature, will not have the right stated in the previous paragraph. in the case of the public ministry, along with the head members of the institutions that comprise it, their respective adjuncts, auxiliary agents, auxiliary procurators, labor procurators and delegates will not have the right to unionization. said organizations have the right to juridical personality and to be duly protected in the exercise of their functions. their dissolution or suspension shall be decreed only in the cases and with the formalities determined by the law. the special norms for the constitutions and functioning of professional and trade union organizations of the countryside and the city shall not restrict freedom of association. all exclusion clauses are prohibited. members of the boards of directors (directivas) of trade unions shall be salvadorans by birth and during the period of their election and mandate, and until a year has passed after they cease their functions, they shall not be dismissed, suspender for disciplinary reasons, transferred, or their working conditions reduced, except for justifiable cause previously approved by a competent authority. also, the right to collective bargaining, in accordance to law, is recognized to the workers and employees mentioned in the last part of the first paragraph of this article. collective agreements will begin to take effect the first day of the fiscal exercise (or fiscal year) following that of its celebration. a special law shall regulate this matter. article 48 employers have the right to suspend work and workers the right to strike, except in the case of indispensable public services that are established by law. to exercise these rights, no previous approval shall be necessary, after having procured the solution to the conflict which generates them through stages of peaceful solution established by law. the effects of the strike or suspension are antedated to the moment that these initiate. the law shall regulate these rights with respect to their exercise and conditions. article 49 a special jurisdiction is established for labor. the procedures in labor matters shall be regulated in a form that will permit a rapid solution to conflicts. the state has the obligation to promote conciliation and arbitration, so they constitute effective means for the peaceful solution of labor conflicts. special administrative boards of conciliation and arbitration shall be established to solve collective conflicts of interests or of an economic character. article 50 social security constitutes a public service of an obligatory character. the law shall regulate its scope, extent, and form. said service shall be rendered by one or various institutions, which must observe adequate coordination amongst themselves to assure a good policy of social protection, in specialized form and with maximum utilization of resources. employers, workers, and the state shall contribute to the payment of social security in the form and quantity determined by the law. the state and employers shall be exempt from the obligations imposed by law in favor of the workers, to the extent that these are covered by social security. article 51 the law shall determine which businesses and establishments, due to their special conditions, are required to provide the worker and his family with suitable housing, schools, medical assistance, and other services and attentions necessary for their well-being. article 52 the rights consecrated in favor of the workers cannot be renounced. the enumeration of the rights and benefits to which this chapter refers, does not exclude others that are derived from principles of social justice. third section. education, science, and culture article 53 the right to an education and to culture is inherent to the human person; in consequence, the preservation, promotion, and dissemination of culture is an obligation and primary end of the state. the state will propitiate research and scientific occupations. article 54 the state shall organize the educational system for which it will create the necessary institutions and services. natural and juridical persons are guaranteed the liberty to establish private centers of teaching. article 55 education has the following objectives: to achieve the integral development of the personality in its spiritual, moral and social dimension; to contribute to the construction of a more prosperous, just and humane democratic society; to inculcate a respect for the human rights and the observance of the corresponding duties; to combat all spirit of intolerance and hate; to know the national reality and to identify oneself with values of the salvadoran nationality; and to propitiate the unity of the people (pueblo) of central america. parents shall have the preferential right to choose the education of their children. article 56 all inhabitants of the republic have the right and the duty to receive a simple (parvularia) and basic education that will train them to perform as useful citizens. the state shall promote the formation of special education centers. when imparted by the state, simple, basic secondary and special education shall be free. article 57 the teaching imparted in official educational centers shall be essentially democratic. private educational centers shall be subject to the regulation and inspection of the state and shall be subsidized when they do not have profitable goals. the state shall exclusively take in its charge the training of teachers (magisterio). article 58 no educational establishment shall refuse to accept students because of the marital status of their parents or guardians, nor for social, religious, racial, or political differences. article 59 literacy is of social interest. all inhabitants of the country shall contribute toward it in the form determined by law. article 60 to exercise the teaching profession it is required to accredit one’s capability in the form determined by the law. in all public or private, civil or military teaching centers the instruction of national history, civics, morality, the constitution of the republic, human rights and the conservation of the natural resources shall be obligatory. national history and the constitution shall be taught by salvadoran professors. academic (cátedra) liberty is guaranteed. article 61 higher education shall be governed by a special law. the university of el salvador and the others of the state shall enjoy autonomy in teaching, administrative and economic aspects. they shall lend a social service, respecting academic liberty. they shall be governed by statutes registered within said law, which shall establish the general principles for their organization and functioning. the funds (partidas) destined to the sustainment of the state universities and those necessary to assure and increase its patrimony shall be consigned annually in the state budget. these institutions shall be subject, in agreement with the law, to the inspection of the corresponding state organism. the special law shall also regulate the creation and functioning of the private universities, respecting academic freedom. these universities shall lend a social service and shall not pursue profitable ends. the same law shall regulate the creation and functioning of official and private technological institutes. the state shall keep watch for the democratic functioning of the institutions of higher education and for their adequate academic level. article 62 the official language of el salvador is spanish. the government is obligated to keep watch for its conservation and teaching. the native languages that are spoken in the national territory form part of the cultural patrimony and shall be the object of preservation, dissemination and respect. article 63 the artistic, historical, and archeological wealth of the country form part of the salvadoran cultural treasure, which shall be under the safeguard of the state and subject to special laws for its conservation. el salvador recognizes the indigenous peoples and will implement measures to maintain and develop their ethnic and cultural identity, worldview, values and spirituality. article 64 the national symbols are the national colors (pabellón) or national flag, the shield of arms and the national anthem. a law shall regulate what concerns this matter. fourth section. public health and social assistance article 65 the health of the inhabitants of the republic constitutes a public good. the state and the persons are obligated to see to its conservation and restoration. the state shall determine the national health policy and shall control and supervise its application. article 66 the state shall give free assistance to the sick who lack resources, and to the inhabitants in general when the treatment constitutes an effective means of preventing the dissemination of a communicable disease. in this case, every person is obligated to submit themselves to such treatment. article 67 the public health services shall be essentially technical. sanitary (sanitarias), hospital, paramedic and hospital administration careers shall be established. article 68 a higher public health council shall oversee the public health of the country. it shall be comprised of an equal number of representatives from the medical, odontological, chemical-pharmaceutical, medical veterinary, clinical laboratories, psychology and nursing professional associations, and others which require a license to practice and which the higher public health council has authorized to establish their own board; it shall have a president and a secretary appointed by the executive organ. its organization shall be determined by law. the exercise of the professions that are directly related with the public health of the country shall be supervised by legal institutions created by scholars belonging to each of these professions. these institutions shall have the authority to expel from the professional exercise of their professions those members of the professional association under their control who have exercised their profession with manifest immorality or ineptitude. the disbarment of professionals shall be determined by the competent institutions in accordance with the due process. the higher public health council shall have cognizance of and resolve the appeals (recursos que se interpongan) that are presented against the resolutions pronounced by the organizations alluded to in the preceding paragraph. article 69 the state shall be equipped with the necessary and indispensable resources for permanent control of the quality of chemical, pharmaceutical and veterinary products through surveillance organisms. likewise the state shall control the quality of food products and the environmental conditions that may affect health and well-being. article 70 the state shall assume charge of indigents who, because of their age or physical or mental incapacity, are unable to work. chapter iii. citizens, their political rights and duties in the electoral body article 71 all salvadorans more than eighteen years old are citizens. article 72 the political rights of the citizen are: the exercise of suffrage; to associate oneself to constitute political parties in accordance with the law and to join those already formed; to opt for public posts complying with the requirements determined by this constitution and secondary laws. article 73 the political duties of the citizen are: the exercise of suffrage; to comply with the constitution of the republic and to see that it is complied with; to serve the state in conformity with the law. the exercise of suffrage includes, moreover, the right to vote in the direct popular consultation contemplated by this constitution. article 74 the rights of citizenship are suspended for the following causes: judicial decree of formal imprisonment; mental derangement; judicial interdiction; refusal to fill, without just cause, a popular elective post; in this case, the suspension shall last the whole period that the rejected position should have been occupied. article 75 the rights of citizenship are lost: by those of notoriously vitiated (viciada) conduct; by those convicted of crime; by those who buy or sell votes in the elections. by those who subscribe to acts, proclamations, or adherences to promote or support the re-election or continuation of the president of the republic, or who employ direct means leading toward this end; by functionaries, authorities and the agents of these who restrict freedom of suffrage. in these cases, the rights of citizenship are restored by a clear declaration of rehabilitation by a competent authority. article 76 the electoral body is composed of all citizens capable of casting their vote. article 77 for the exercise of suffrage, it is an indispensable condition to be registered in the electoral register compiled by the supreme electoral tribunal. the legally registered political parties shall have the right to maintain watch over the compilation, organization, publication and updating of the electoral registry. article 78 the vote shall be free, direct, equal and secret. article 79 in the territory of the republic, election districts shall be established as determined by law. the basis for the electoral system is population. for the election of deputies one shall adopt a system of proportional representation. the law shall determine the form, time and other conditions for the exercise of suffrage. the date of the elections for president and vice president of the republic shall precede the initiation of the presidential period by no less than two months nor more than four. article 80 the president and the vice president of the republic, deputies of the legislative assembly and of the central american parliament, and members of municipal councils, are popularly elected functionaries. when, in the elections for president and vice president of the republic, no participating political party or coalition of political parties has obtained an absolute majority of votes in conformity with the scrutiny practiced, a second election shall be carried out between the two political parties or coalition of political parties that have obtained the greatest number of valid votes; this second election shall be held during a period no more than thirty days after the results of the first election were declared to be firm. when by force majeure or fortuitous case, duly qualified by the legislative assembly, the second election cannot be carried out within the indicated period, the election shall take place within a second period of not more than thirty days. article 81 election propaganda, even without prior summons, shall be permitted only four months before the date established by law for the election of president and vice president of the republic; two months before in the case of deputies; and one month before in the case of municipal councils. article 82 the ministers of any religious cult, members in active service in the armed force and members of the national civil police may not belong to political parties nor opt for popularly elected positions. nor may they produce political propaganda in any form. the exercise of the vote shall be exercised by citizens in places determined by law and shall not be realized in the precincts of military or public security installations. title iii. the state, its form of government and political system article 83 el salvador is a sovereign state. sovereignty lies in the people, who exercise it in the prescribed form and within the limits of this constitution. article 84 the territory of the republic over which el salvador exercises jurisdiction and sovereignty is irreducible, and in addition to the continental part includes: the insular territory integrated by the islands, islets and cays enumerated by the judgment of the central american court of justice, pronounced on march 9, 1917, and also others which correspond to it according to other sources of international law; likewise other islands, islets and cays that also correspond to it in conformity with international law. the territorial waters and including (y en comunidad) the fonseca gulf, which is a historic bay with the characteristics of an enclosed sea, whose regime is determined by international law and by the judgment mentioned in the preceding paragraph. the air space, the subsoil and the corresponding insular and continental platform; and moreover, el salvador exercises sovereignty and jurisdiction over the sea, the subsoil and sea beds to a distance of 200 nautical miles, counted from the level of the lowest tide, all in conformity with the regulations of international law. the national territorial limits are the following: to the west, with the republic of guatemala, in conformity with that established in the treaty on territorial limits, held in guatemala on april 9, 1938. to the north, and to the east, in part, with the republic of honduras, in the sections delimitated by the general peace treaty, signed in lima, peru on october 30, 1980. in regard to the pending sections of delimitation, the limits will be those established in conformity with the same treaty, or in any event, in conformity with any of the peaceful means for solution to the international controversies. to the rest of the east, with the republics of honduras and nicaragua in the waters of the fonseca gulf. and to the south, with the pacific ocean. article 85 the government is republican, democratic and representative. the political system is pluralist and is expressed through political parties, which are the only instrument for the exercise of the representation of the people within the government. the norms, organization and functioning shall be subject to the principles of representative democracy. the existence of a single official party is incompatible with the democratic system and with the form of government established in this constitution. article 86 all public power emanates from the people. the organs of the government shall exercise it independently within the respective powers (atribuciones) and competences established by this constitution and the laws. the powers of the organs of the government cannot be delegated, but these shall collaborate amongst themselves in the exercise of the public functions. the fundamental organs of the government are the legislative, the executive, and the judicial. the functionaries of the government are delegates of the people and have no more powers than those expressly given to them by the law. article 87 the right of the people to insurrection is recognized, for the sole object of reestablishing constitutional order altered by the transgression of the norms relative to the form of government or to the political system established, or for serious violations of the rights consecrated in this constitution. the exercise of this right shall not produce the abrogation nor the reform of this constitution, and shall be limited to the removal insofar as necessary of transgressing officials, replacing them in a transitory manner until they are substituted in the form established by this constitution. under no circumstances shall the powers and jurisdictions which correspond to the fundamental organs established by this constitution be exercised by the same person or by a sole institution. article 88 the principle that a president cannot succeed himself (alternabilidad) is indispensable for the maintenance of the established form of government and political system. violation of this norm makes insurrection an obligation. article 89 el salvador shall encourage and promote human, economic, social and cultural integration with the american republics, and especially those of the central american isthmus. the integration shall be carried out through treaties or agreements with the interested republics, which shall contemplate the creation of organisms with supranational functions. it shall also propitiate the total or partial reconstruction of the republic of central america, in unitary, federal or confederate form, with complete guarantees of respect for democratic and republican principles and the individual and social rights of its inhabitants. the project and basis of union shall be submitted to popular consultation. title iv. nationality article 90 the following are salvadorans by birth: those born in the territory of el salvador; children of a salvadoran father or mother, born in a foreign country; natives of the other states that constituted the federal republic of central america, who, having a domicile in el salvador, declare before the competent authorities their desire to be salvadoran, without requiring them to renounce their nationality of origin. article 91 salvadorans by birth have the right to enjoy double or multiple nationality. the status of salvadoran by birth is lost only by an expressed renouncement before a competent authority and may be recovered by petition before the same. article 92 the following may obtain salvadoran status by naturalization: native spaniards and hispano-americans with one year’s residence in the country; foreigners of any origin, with five years’ residence in the country; those who obtain this status from the legislative organ for noteworthy services rendered to the republic; a foreign man married to a salvadoran woman or a foreign woman married to a salvadoran man with two years’ residence in the country, prior to or after the time of marriage. nationality by naturalization shall be granted by competent authorities in conformity with the law. article 93 international treaties shall regulate the form and conditions in which nationals of countries which do not form part of the federal republic of central america retain their nationality; notwithstanding having acquired salvadoran nationality by naturalization as long as the principle of reciprocity is respected. article 94 the status of naturalized salvadoran is lost: by residing for more than two consecutive years in the country of origin or by absence from the territory of the republic for more than five consecutive years, unless permission was granted in conformity with the law; by executed sentence, in the cases determined by the law. anyone who loses his nationality in this manner cannot regain it. article 95 juridical persons constituted in conformity with the laws of the republic and that have a legal domicile in the country are salvadorans. the regulations that the laws establish for the benefit of salvadorans shall not be weakened by salvadoran juridical persons whose partners or capital are in their majority foreign. article 96 foreigners, from the instant they arrive in the territory of the republic, shall be strictly bound to respect the authorities and obey the laws, and shall acquire the right to be protected by them. article 97 the laws shall establish the cases and the form in which a foreigner may be refused entry or sojourn in the national territory. foreigners who directly or indirectly participate in the internal politics of the country shall lose the right to reside in it. article 98 neither salvadorans nor foreigners shall in any case make claim against the government for indemnification of any kind for injuries or damages to their persons or property caused by factions. they may do so only against guilty functionaries or private persons. article 99 foreigners shall not resort to diplomatic channels except in case of denial of justice and after exhausting the legal recourses they have available. a judicial judgment unfavorable to the claimant does not constitute a denial of justice. those who contravene this provision shall lose the right to reside in the country. article 100 foreigners shall be subject to a special law. title v. economic order article 101 the economic order shall essentially answer to principles of social justice that tend to ensure to all inhabitants of the country a dignified existence of the human being. the state shall promote the economic and social development through the increase of production, productivity and the rational utilization of the resources. with the same end, it shall foment the diverse sectors of production and shall defend the interest of the consumers. article 102 economic freedom is guaranteed, insofar as it does not oppose the social interest. the state shall foment and protect the private initiative, within the necessary conditions to increase national wealth and to assure the benefits from it to the greatest number of inhabitants of the country. article 103 the right to private property is recognized and guaranteed as a social function. likewise, intellectual and artistic property is also recognized, for the time and in the form determined by the law. the subsoil pertains to the state, which may grant concessions for its exploitation. article 104 the state’s real property (bienes inmuebles) may be transferred to natural or juridical people within the limits and in the form established by law. the rural state property with agricultural or livestock (agropecuaria) vocation, which is not indispensable for the activities proper of the state, shall be transferred by means of corresponding payment to the beneficiaries of the agrarian reform. it may also be transferred to corporations of public utility. article 105 the state recognizes, foments and guarantees the right to private property over farmland (tierra rústica), be it individual, cooperative, communal or in any other associative form, and it shall not, by any concept, reduce the maximum extension of land that is established by this constitution as a right of property. the maximum extension of farmland belonging to one same natural or juridical person shall not exceed two hundred and forty-five hectares. this limitation shall not be applicable to cooperative or communal peasant associations. the owners of land to whom the second paragraph of this article refers, may freely transfer, abandon, distribute (partir), divide or rent the land. the land, property of the cooperative associations, peasant communities and beneficiaries of the agrarian reform, shall be subject to a special regime. the owners of farmland with an extension of more than two hundred and forty-five hectares shall have the right to immediately determine the part of the land they wish to retain, segregating it and registering it separately in the corresponding register of real estate and mortgages. the farm real estate (inmuebles rústicos), which exceeds the limits established by this constitution and is encountered in common ownership (proindivisión), may be the object of partition among its co-owners. the lands which exceed the extension established by this constitution may be transferred under any title to peasants, small farmers, cooperative corporations (sociedades) and associations and peasant communities. the transfer referred to by this paragraph shall be realized within a period of three years. a special law shall determine the destiny of the lands which have not been transferred at the end of the previously established period. in no case may the exceeding lands referred to in the prior paragraph be transferred under any title to relatives within the fourth degree of consanguinity or the second degree of affinity. the state shall foment the establishment, financing and development of the agro-industry in the different departments of the republic, to the end of guaranteeing the employment of labor and the transformation of raw materials produced by the national agricultural and livestock sector. article 106 expropriation shall proceed because of public utility or of social interest, legally proven, and after a just indemnification. when expropriation is motivated by causes arising from war, public disaster or if it is has the objective of supplying water or electric energy, or for the construction of housing or highways, roads or public streets of any kind, compensation need not be in advance. when justified by the amount of indemnification to be recognized for properties expropriated in conformity with the previous paragraphs, the payment may be made in installments which shall not exceed as a whole fifteen years, in which case the expropriated person shall be paid the corresponding bank interest. the said payment shall be preferably made in cash. entities that have been created with public funds may be expropriated without indemnification. confiscation as a penalty or in any other concept is prohibited. authorities which contravene this precept shall answer at all times with their persons and their properties to the damage inferred. confiscated properties are imprescriptible. article 107 all kinds of entailment (vinculación) are prohibited, except: trusts constituted in favor of the state, the municipalities, public entities, beneficent or cultural institutions and the legally disabled; trusts constituted for a period that does not exceed that established by the law and whose management is under the charge of legally authorized banks or credit institutions; the good of the family. article 108 no civil or ecclesiastical corporation or foundation, regardless of its denomination or objective, shall have legal capacity to preserve or administer real estate (bienes raíces), with the exception of those immediately and directly destined to the service or objective of the institution. article 109 the property of rural real estate shall not be acquired by foreigners in whose countries of origin salvadorans do not have equal rights, except in the case of land for industrial establishments. foreign and salvadoran companies to which the second paragraph of article 95 of this constitution refers, shall be subject to this rule. article 110 no monopoly shall be authorized except in favor of the state or the municipalities when social interest makes it indispensable. stores for selling government monopolized goods (estancos) may be established in favor of the state. to the end of guaranteeing free enterprise and to protect the consumer, monopolistic practices are prohibited. privileges shall be granted for a limited time to discoverers and inventors and to the people who improve (perfeccionadores) productive processes. the state may assume responsibility (tomar a su cargo) for public services when the social interests require, providing them directly by means of autonomous official institutions or of the municipalities. it also (también le corresponde) regulates and oversees (vigilar) the public services provided by private enterprises and the approval of their rates (tarifas), except those which are established in conformity with international treaties and conventions; salvadoran enterprises of public services must have their centers of work and bases of operation in el salvador. article 111 the power to emit currency corresponds exclusively to the state, which shall exercise it directly or through an issuing institution of a public character. the monetary, banking, and credit regimes shall be regulated by law. the state shall orient monetary policy to the end of promoting and maintaining the conditions most favorable to an orderly development of the national economy. article 112 the state shall administer the businesses that render essential services to the community, with the objective of maintaining continuity of services, when the owners or operators resist obeying legal dispositions on economic and social organization. the state may also exercise control over (intervenir) property belonging to nationals of countries with which el salvador encounters itself at war. article 113 associations of an economic nature that tend to increase the national wealth through a better use of natural and human resources, and to promote a fair distribution of the benefits originating from their activities, shall be fomented and protected. in addition to private individuals, the state, municipalities, and entities of public utility may participate in this class of associations. article 114 the state shall protect and foment cooperative associations, facilitating their organization, expansion and financing. article 115 commerce, industry and small service provision are patrimony of salvadorans by birth and native central americans. their protection, promotion (fomento) and development shall be the object of a law. article 116 the state shall foment the development of small rural properties. it shall facilitate access for the small producer to technical assistance, credits, and other means necessary for the acquirement and better use of his lands. article 117 it shall be the state’s duty to protect the natural resources, as well as the diversity and integrity of the environment, and to guarantee sustainable development. the protection, conservation, rational enjoyment, and the restoration or replacement of natural resources is hereby declared to be of social interest in accordance with the terms established by law. the introduction of nuclear residues and toxic waste into the national territory is hereby prohibited. article 118 the state shall adopt population policies to the end of assuring the greatest well-being to the inhabitants of the republic. article 119 the construction of housing is declared to be of social interest. the state shall endeavor so the greatest possible number of salvadoran families become the owners of their home. it shall promote that every rural farm owner provide a sanitary and comfortable home for resident workers, and adequate installations for temporary workers; and for this purpose, shall promote the access (facilitará) of small property owners to the necessary means. article 120 in every concession granted by the state for the establishment of docks, railroads, canals, or other material works of public service, there shall be stipulated as an essential condition, that after a certain time has lapsed, of not more than fifty years, such works shall pass by operation of law in perfect working condition into the control of the state without compensation of any kind. these concessions shall be submitted to the cognizance of the legislative assembly for its approval. title vi. organs of the government, powers (atribuciones) and competences chapter i. legislative organ first section. the legislative assembly article 121 the legislative assembly is a professional associated (colegiado) body composed of deputies elected in the form prescribed by this constitution, and to it fundamentally belongs the authority to legislate. article 122 the legislative assembly shall meet in the capital of the republic, to initiate its period and without the need of summons, on the first day of may of the year of election of its members. it may move to another place of the republic to hold (celebrar) its sessions when it shall so resolve. article 123 the majority of the members of the assembly shall be sufficient to deliberate. to take a resolution, the favorable vote of at least half and one of the elected deputies is required, except [for] the cases in which, in conformance with this constitution, a different majority is required. article 124 the members of the assembly shall be renewed every three years and may be reelected. the period of their functions shall commence on the first of may of the year of their election. article 125 the deputies represent the whole nation (pueblo) and are not bound by any imperative mandate. they are inviolable and shall not have responsibility at any time for the opinions or votes they emit. article 126 to be elected deputy, one must be over twenty-five years old, salvadoran by birth, child of a salvadoran father or mother, of well-known integrity and education and must not have lost the rights of citizenship during the five years preceding the election. article 127 the following shall not be candidates for deputies: the president and vice president of the republic, the ministers and vice ministers of state, the president and the magistrates of the supreme court of justice, functionaries of the electoral organisms, military officers in active service (de alta), and in general, functionaries who exercise jurisdiction; those who have administered or managed public funds, while they have not obtained the settlement of their accounts; the contractors for public works or businesses paid for with state or municipal funds, their sureties (caucioneros), and those who, as a result of such works or businesses, have pending claims of their own interest; the relatives of the president of the republic within the fourth degree of consanguinity or second of affinity; the debtors of the public or municipal treasury who are in default; those who have contracts or concessions pending with the state for the exploitation of national resources (riquezas) or public services, as well those who have accepted [positions as] their representatives or administrative attorneys, or foreign companies (sociedades) that are found to be in the same situation. the incompatibilities referred to in the first number (ordinal) of this article affect those who held the indicated positions within the three months prior to the election. article 128 the deputies shall not be contractors nor bonders of public works or businesses which are financed with funds of the state or of the municipality; neither shall they obtain concessions of the state for the exploitation of national resources or for public services; nor accept to be representatives or administrative attorneys of national persons or foreigners who have those contracts or concessions. article 129 the deputies in office (en ejercicio) shall not hold remunerated public positions during the time for which they have been elected, except those of a teaching or cultural character, and those related to the professional services of social assistance. nevertheless, they may hold the positions of ministers or vice ministers of state, presidents of official autonomous institutions, heads of diplomatic missions, consular [missions] or carry out special diplomatic missions. in these cases, they shall be reincorporated into the assembly when their functions cease, if the period of their election is still in force. the alternates may hold jobs or public offices without their acceptance and exercise producing the loss of these positions (calidad). article 130 the deputies shall cease in their position in the following cases: when they are convicted for serious crimes in a definitive sentence; when they commit the prohibitions contained in article 128 of this constitution; when they resign without just cause qualified as such by the assembly; in these cases, they shall remain unqualified to carry out any other public post during the period of their election. article 131 it corresponds to the legislative assembly: to determine its internal regulation; to accept or reject the credentials of its members, to receive the constitutional oath (protesta) from them, and provide them with responsibilities in the cases foreseen by this constitution; to take cognizance of the resignations presented by the deputies, admitting them when they are based on a legally proven just cause; to call on alternate deputies in the case of death, resignation, nullification of election, temporary leave, or the inability of the members (propietarios) to attend; to decree, interpret authentically, reform and abrogate the secondary laws; to decree taxes, valuations (tasas), and other contributions on all classes of property, services and income, in equitable relation; and in the case of invasion, legally declared war or public disaster, to decree forced loans in the same relation, if the ordinary public revenues are insufficient; to ratify the treaties or pacts made (celebre) by the executive with other states or international organisms, or to refuse their ratification; to decree the budget of revenues and expenditures of the public administration, as well as its reforms; to create and suppress positions, to assign salaries to the functionaries and employees in accordance with the civil service regimen; to approve its budget and salary system, as well as its reforms, consulting previously with the president of the republic on them, for the sole effect of guaranteeing that the necessary funds exist for their compliance. once approved, said budget shall be incorporated into the budget of revenues and expenditures of the public administration; to decree, in a general manner, financial benefits and incentives or those of any nature, for the promotion of services or cultural, scientific, agricultural, industrial and commercial activities; to decree laws on the recognition of the public debt and create and assign the funds necessary for its payment; to establish and regulate the national monetary system and to decide upon the admission and circulation of foreign currency; to receive the constitutional oath and give possession of their position to citizens who, in conformity with law, shall exercise the presidency and vice presidency of the republic; to decide upon resignations interposed and leaves solicited by the president and vice president of the republic and designates, after personal ratification before the same assembly; to obligatorily disavow the president of the republic or his substitute if, when his constitutional term has ended, he continues in the exercise of his post. in this case, if no person has been legally summoned for the exercise of the presidency, a provisional president shall be designated; to elect, for all of the respective presidential term, in a public and registered (nominal) vote, two persons who in character of designates shall exercise [the power of] the presidency of the republic, in the cases and in the order determined by this constitution; to receive the work report that shall be delivered by the executive through his ministers, and approve or disapprove it; to elect in a public and registered vote the following functionaries: the president and magistrates of the supreme court of justice, the president and magistrates of the supreme electoral tribunal, the president and magistrates of the court of accounts (corte de cuentas) of the republic, the attorney general (fiscal general) of the republic, the procurator general (procurador general) of the republic, the procurator for the defense of human rights, and members of the national council of the judiciary; to declare, with no less than two-thirds of the votes of the elected deputies, the physical or mental incapacity of the president, vice president of the republic and of functionaries elected by the assembly for the exercise of their posts, after the unanimous judgment of a commission of five physicians named by the assembly; to determine the authorities (atribuciones) and competences of the different functionaries when by this constitution it has not been done; to grant, to persons or towns, titles, honorary distinctions and rewards compatible with the form of government established, for relevant services lent to the nation (patria). nevertheless, it is prohibited to grant these titles, distinctions and rewards, while they occupy their posts, to the following functionaries: the president and vice president of the republic, ministers and vice ministers of state, deputies to the legislative assembly, and the president and magistrates of the supreme court of justice; to grant permission to salvadorans to accept honorific distinctions bestowed by foreign governments; to grant temporary leaves or privileges for cultural or scientific activities or works; to declare war and ratify peace, on the basis of reports provided to it by the executive organ; to grant amnesty for political or common crimes connected with these, or for common crimes committed by not less than twenty persons; and to grant pardons, upon favorable report of the supreme court of justice; to suspend and re-establish the constitutional guarantees in agreement with article 29 of this constitution, in a public and registered vote with at least two-thirds of the elected deputies; to grant or refuse permission to salvadorans to accept diplomatic or consular posts to be exercised in el salvador; to permit or refuse the transit of foreign troops through the territory of the republic, and the stationing of ships or airships [used for] war of other countries for more time than is established by international treaties or practices; to approve the concessions to which article 120 of this constitution refers; to create judicial districts and establish positions, as proposed by the supreme court, so the respective officials take cognizance of all kinds of criminal, civil, mercantile, labor, contentious, administrative, agrarian and other cases; to name special commissions for the investigation of matters of national interest and to adopt the agreements or recommendations that are esteemed necessary based on the report of said commissions; to decree the national symbols; to question ministers or managers of the commission (despacho) and presidents of official autonomous institutions; to determine the force majeure or fortuitous case to which the last paragraph of article 80 refers; to receive the work report which must be provided by the attorney general of the republic, the procurator general of the republic, the procurator for the defense of human rights, the president of the court of accounts of the republic, and the president of the central reserve bank of el salvador; to recommend to the president of the republic the dismissal of the ministers of state; or to the corresponding organs, that functionaries in official autonomous institutions be dismissed, when it believes this to be appropriate, as a result of an investigation of its special committees or of an interpellation, in such case. the resolution of the assembly shall be binding when it refers to the heads of public security or of the intelligence [department] of the state for a cause involving grave violations of human rights; to practice the other powers (atribuciones) indicated by this constitution. article 132 all the public functionaries and employees, including those of official autonomous institutions and the members of the armed force, are under the obligation to collaborate with the special commissions of the legislative assembly; and the appearance and declaration of these as well as any other person required by the mentioned commissions shall be obligatory under the same summons that are observed in the judicial procedure. the conclusions of the special commissions of investigation of the legislative assembly shall not be obliging (vinculante) for the tribunals, nor shall they affect the judicial proceedings or resolutions, without prejudice that the result be communicated to the general office of the attorney general (fiscalía) of the republic for the exercise of pertinent actions. second section. the law, its formation, promulgation and operation article 133 [the following] have exclusive power to propose laws: the deputies; the president of the republic through his ministers; the supreme court of justice, in matters related to the judicial organ, to the exercise of the work of notaries and lawyers, and to the jurisdiction and competence of the tribunals; the municipal councils in matters of municipal taxes. the central american parliament, through the deputies of the state of el salvador conforming it, in matters concerning the integration of the central american isthmus, in accordance with article 89 of this constitution. in the same manner, the deputies of the state of el salvador that are members of the central american parliament shall have the initiative on the above-referenced subject matter. article 134 every bill of law which is approved must be signed by the majority of the members of the executive board (junta directiva). one copy shall be kept in the assembly and two shall be sent to the president of the republic. article 135 every bill of law shall be transmitted to the president of the republic no later than ten business days after being debated and approved, and if he has no objections, he shall ratify it and order its publication as law. sanction by the president of the republic shall not be necessary in the case of the 1st, 2nd, 3rd, 4th, 14th, 15th, 16th, 17th, 18th, 19th, 20th, 32nd, 34th, 35th, 36th, and 37th ordinals of article 131 of this constitution and in precedents (antejuicios) recognized by the assembly. article 136 if the president of the republic finds no objection to a bill [he has] received, he shall sign two copies, send one back to the assembly and leave the other in his archive and he shall have the text published as law in the corresponding official organ. article 137 when the president of the republic vetoes a bill of law, he shall return it to the assembly within eight business days of receiving it, indicating the reasons on which his veto is founded; if within such term he has failed to return it, it shall be considered ratified and he shall order its publication as law. in the case of a veto, the assembly shall reconsider the bill and if it should ratify it with at least two-thirds of the votes of elected deputies, it shall send it again to the president of the republic, and he shall sanction it and send it to be published. if he returns it with observations, the assembly shall consider them and resolve anything it believes convenient by the majority established in article 123, and send it to the president of the republic, who shall sanction it and send it to be published. article 138 when a bill of law is returned because the president of the republic considers it to be unconstitutional and the legislative organ ratifies it in the manner established in the preceding article, the president of the republic shall present it to the supreme court of justice within three business days, so that the latter may, after hearing the arguments of both sides, decide whether it is or is not constitutional, within fifteen business days at the latest. if the court decides that the bill is constitutional, the president of the republic shall be obligated to sanction it and to order its publication as law. article 139 the term for the publication of laws shall be fifteen business days. if the president of the republic has not published them within the prescribed term, the president of the legislative assembly shall order their publication as laws in the official gazette or any other daily newspaper among those with the largest circulation in the republic. article 140 no law is binding (obliga) except by virtue of its promulgation and publication. for a law of permanent character to be binding, at least eight days must pass after its publication. this period may be extended, but not restricted. article 141 in case of an evident error in the printing of the text of the law, it shall be republished at the latest within ten days. the last publication shall be had as its authentic text; and the term for it to enter into effect shall be counted from the date of the new publication. article 142 to interpret, reform, or repeal the laws, the same procedure shall be observed as for its formation. article 143 when a bill is rejected or not ratified, it shall not be proposed within the following six months. third section. treaties article 144 the international treaties formalized (celebrados) by el salvador with other states or international organisms, constitute laws of the republic once they enter into effect, in conformity with the dispositions of the same treaty and of this constitution. the law shall not modify or repeal that agreed in a treaty in effect for el salvador. in case of conflict between the treaty and the law, the treaty shall prevail. article 145 treaties in which constitutional dispositions are in any manner restricted or affected shall not be ratified, unless the ratification is done with the corresponding reservations. the dispositions of the treaty on which the reservations are made are not law of the republic. article 146 treaties shall not be formalized or ratified or concessions granted, that in any manner, alter the form of government or damage or impair the integrity of the territory, the sovereignty and independence of the republic or the fundamental rights and guarantees of the human person. that decreed in the preceding paragraph is applied to international treaties or contracts with governments or national or international business in which the salvadoran state submits itself to the jurisdiction of a tribunal of a foreign state. the preceding does not impede that, in treaties as well as in contracts, the salvadoran state submit the decision, in case of controversy, to an arbitration or an international court. article 147 for the ratification of any treaty or pact for which any question related to the limits of the republic are submitted to arbitration, a vote of at least three-quarters of the elected deputies shall be necessary. any treaty or agreement formalized by the executive organ referring to the national territory, shall also require a vote of at least three-quarters of the elected deputies. article 148 it corresponds to the legislative assembly to authorize the executive organ to contract voluntary loans (empréstitos), inside or outside the republic, when a grave and urgent necessity demands it, and to guarantee debts (obligaciones) contracted by state or municipal entities of public interest. the obligations contracted in conformity with this disposition shall be submitted to the cognizance of the legislative organ, which shall not ratify them with less than a twothirds vote of the elected deputies. the legislative decree in which the issuance or contracting of a loan is authorized, shall clearly express the end to which the funds of this shall be designated, and in general, all the essential conditions of the operation. article 149 the authority to declare the inapplicability of the dispositions of any treaty contrary to the constitutional precepts shall be exercised by the tribunals within the jurisdiction of administrative justice. the declaration of unconstitutionality of a treaty, in a general and obligatory manner, shall be made in the same form foreseen by this constitution for the laws, decrees and regulations. chapter ii. executive organ article 150 the president and the vice president of the republic, the ministers and vice ministers of state and their dependant functionaries, integrate the executive organ. article 151 to be elected president of the republic it is required: to be a salvadoran by birth, child of a salvadoran father or mother; to be a layman (del estado seglar), over thirty years of age, of well-known morality and instruction; to be in the exercise of the rights of citizenship, having been so for the six years preceding the election, and to be affiliated with one of the legally recognized political parties. article 152 [the following] shall not be candidates for the president of the republic: he who has filled the presidency of the republic for more than six months, consecutive or not, during the period immediately prior to or within the last six months prior to the beginning of the presidential period; the spouse and relatives within the fourth degree of consanguinity or second of affinity of any of the persons who have exercised the presidency in the cases [included in] the preceding ordinal; he who has been president of the legislative assembly or president of the supreme court of justice during the year prior to the day that initiates the presidential period; he who has been minister, vice minister of state, or president of any official autonomous institution, and the general director of the national civil police, within the last year of the immediately previous presidential term; professional military persons (militares) who were in active service or who have been so within the three years prior to the day of the beginning of the presidential period; the vice president or the designate who when legally called to exercise the presidency in the immediately preceding period, refused to fill it without just cause, meaning that this exists when the vice president or the designate manifests his intention to be a candidate to the presidency of the republic within the six months prior to the beginning of the presidential period; the persons included in the 2nd, 3rd, 4th, 5th and 6th ordinals of article 123 of this constitution. article 153 that proclaimed in the two preceding articles shall apply to the vice president of the republic and the designates to the presidency. article 154 the presidential period shall be of five years, and shall begin and end on the first of june, without the person who exercised the presidency being able to continue in his functions one day more. article 155 in default of the president of the republic, due to death, resignation, removal or other cause, the vice president shall substitute him; lacking the latter, one of the designates in the order of their nomination, and if all these are lacking for any legal cause, the assembly shall designate the person who shall substitute him. if the cause that incapacitates the president for the exercise of his position endures for more than six months, the person who substitutes him in conformance with the preceding paragraph, shall complete the presidential period. if the incapacity of the president is temporary, his substitute shall exercise the position only while this lasts. article 156 the positions of the president and vice president of the republic and of the designates are only resignable for a duly substantiated grave cause that shall be approved by the assembly. article 157 the president of the republic is the commander-in-chief (comandante general) of the armed force. article 158 the president of the republic is prohibited from leaving the national territory without the permission of the legislative assembly. article 159 for the management of public businesses, there shall be the necessary offices of secretaries of state (secretarías de estado), among which the various branches of the administration are to be distributed. each office of a secretary of state shall be under the direction of a minister, who shall act with the collaboration of one or more vice ministers. the vice ministers shall replace the ministers in the cases determined by the law. the national defense and public security shall be assigned to different ministries. public security shall be the duty of the national civil police, which shall be a professional body, independent of the armed force and detached from all party activity. the national civil police shall be charged with the functions of urban police and rural police, which guarantee order, security and public tranquility, as well as collaboration in the investigation of crime, and all the proceeding in accordance with the law and with strict respect for human rights. article 160 to be a minister or vice minister of state it is required to be salvadoran by birth, more than twenty-five years old, a layman, of well-known morality and instruction; to be in the exercise of the rights of citizenship, having been so for the six years preceding his appointment. article 161 the persons included in the 2nd, 3rd, 4th, 5th and 6th ordinals of article 127 of this constitution shall not be ministers nor vice ministers of state. article 162 it corresponds to the president of the republic to appoint, remove, accept the resignations of, and grant leave to, ministers and vice ministers of state, as well as the chief of public security and of the state intelligence. article 163 the decrees, agreements, orders, and rulings of the president of the republic must be referred and communicated by the ministers in their respective branches, or by the vice ministers as the case may be. without these requirements, they shall have no legal authenticity. article 164 all the decrees, agreements, orders, and resolutions issued by the functionaries of the executive organ, exceeding the powers that this constitution establishes, shall be null and should not be obeyed, even if issued with the intent of submitting them for the approval of the legislative assembly. article 165 the ministers or persons in charge of the office (encargados del despacho) and presidents of the official autonomous institutions must appear before the legislative assembly to answer interpellations addressed to them. the functionaries called to [answer to] interpellation[s] who, without just cause, refuse to appear will be, by this action, removed from their offices. article 166 there shall be a council of ministers integrated by the president and vice president of the republic and the ministers of state or those who take their place. article 167 it corresponds to the council of ministers: to decree the internal regulations of the executive organ and its own regulations; to elaborate the general plan of the government; to elaborate the projected budget of revenues and expenditures and present it to the legislative assembly, at least three months before the new fiscal period (ejercicio) initiates. it shall also have cognizance of the reforms to said budget when it deals with transfers between parties of different branches of public administration; to authorize the distribution of sums that have not been included in the budgets, to the end of satisfying necessities arising from war, public calamity, or grave disturbance of the order, if the legislative assembly were not convened, immediately informing the board of directors (junta directiva) of the same, of the causes that motivated that measure, to the effect that if assembled, it approves or does not approve the corresponding credits; to propose to the legislative assembly the suspension of constitutional guarantees to which article 29 of this constitution refers; to suspend and reestablish the constitutional guarantees to which article 28 of this constitution refers, if the legislative assembly is not assembled. in the first case, it must immediately advise the board of directors of the legislative assembly of the causes that motivated the measure and the actions that it has executed in relation therewith; to convoke extraordinarily the legislative assembly when the interests of the republic demand it; to take cognizance of and decide on all the affairs the president of the republic submits for its consideration. article 168 [the following] are the powers and obligations of the president of the republic: to observe and enforce the constitution, treaties, laws, and other legal dispositions; to maintain unimpaired the sovereignty of the republic and the integrity of its territory; to strive for social harmony, and conserve peace and interior tranquility and the security of the human being as a member of the society; to make international treaties and conventions, submit them to the legislative assembly for ratification, and see to their observance; to direct the foreign relations; to present through the ministers, to the legislative assembly within the two months following the end of each year, the work report of the public administration for the year completed. the minister of the treasury shall moreover present, within the three months following the end of each fiscal period, the general account of the last budget and the demonstrative statement of the situation of the public treasury and the fiscal patrimony. if these obligations are not completed within the terms indicated, a minister who fails to do so is by this fact removed and the president of the republic shall be immediately notified so he may appoint a substitute. the latter shall submit the corresponding report within the following thirty days. if still in this case the prescribed is not complied with, the new minister shall be removed; to give to the legislative assembly the reports that it requests, except when it is a matter of secret military plans. with respect to political negotiations that it is necessary to maintain confidential, the president of the republic shall give notice, so that they may be taken cognizance of in secret session; to sanction, promulgate, and publish the laws and to see that they are enforced; to supply to functionaries of the judicial order the aids they need to enforce their rulings (providencias); to commute sentences, based on the prior report and favorable judgment of the supreme court of justice; to organize, lead, and maintain the armed force, confer military degrees and command the stationing, duty, or discharge of the officers (oficiales) of same, in conformity with the law; to deploy the armed force to defend the state’s sovereignty and its territorial integrity. exceptionally, if the regular means for maintaining internal peace, tranquility, and public order have been exhausted, the president of the republic may deploy the armed force for this end. the activation of the armed force shall be limited to the time and the measure strictly necessary for re-establishing order and shall cease as soon as this task is completed. the president of the republic shall keep the legislative assembly informed on such activities, which may arrange to stop such exceptional means at any time. in any case, within fifteen days following their termination, the president of the republic shall present to the legislative assembly a detailed report on the performance of the armed force; to wage (dirigir) war and make peace, and immediately submit any treaty made for this end purpose to the legislative assembly for ratification; to decree the regulations necessary to facilitate and assure the application of the laws whose execution corresponds to him; to guard for the efficient management and realization of public businesses; to propose the list of three persons among whom the legislative assembly must elect the two designees to the presidency of the republic; to organize, lead, and maintain the national civil police to preserve peace, tranquility, order, and public security, in the urban realm as well as in the rural, with strict attachment to respect for human rights and under the direction of civil authorities; to organize, lead, and maintain the intelligence agency (organismo) of the state; to annually fix a reasonable number of troops for the armed force and national civil police; to exercise other powers conferred by the laws. article 169 the appointment, removal, acceptance of resignations, and granting of leaves to functionaries and employees of the public administration and of the armed force, shall be governed by the internal regulations of the executive organ or other laws and regulations that are applicable. article 170 the diplomatic and consular representatives by career accredited by the republic must be salvadoran by birth. article 171 the president of the republic, the vice president of the republic, the ministers and vice ministers are jointly (solidariamente) responsible for the acts that they authorize. ministers and vice ministers who are present or who take the place of others (hagan sus veces), are responsible for the resolutions made in the council of ministers, even if they did not vote for the measure, unless they present their resignation immediately after the resolution is adopted. chapter iii. judicial organ article 172 the supreme court of justice, the chambers of second instance and the other tribunals established by the secondary laws, integrate the judicial organ. the power to judge and execute what is judged on in constitutional, civil, penal, mercantile, labor, agrarian and administrative legal (contencioso-administrativo) matters, as well as in others determined by the law, corresponds exclusively to this organ. the organization and functioning of the judicial organ shall be determined by law. the magistrates and judges, in matters referring to the exercise of jurisdictional functions, are independent and are subject exclusively to the constitution and the law. the judicial organ shall have at its disposal an annual allocation of no less than six percent of the current income of the state’s budget. article 173 the supreme court of justice shall be made up of the number of magistrates determined by the law, who will be elected by the legislative assembly, and one of them shall be the president. he shall be the president of the judicial organ. the law shall determine the internal organization of the supreme court of justice, in such a way that the powers that correspond to it shall be distributed among different divisions (salas). article 174 the supreme court of justice shall have a constitutional division, to which it will correspond to take cognizance of and resolve the petitions of unconstitutionality of laws, decrees and regulations, cases on amparo, habeas corpus, controversies between the legislative organ and executive organ to which article 138 refer, and causes mentioned in the 7th power (atribución) of article 182 of this constitution. the constitutional division shall be integrated by five magistrates designated by the legislative assembly. its president shall be elected by the same on each occasion in which it corresponds [to the legislative assembly] to elect magistrates of the supreme court of justice; who shall be president of the supreme court of justice and of the judicial organ. article 175 there shall be chambers of second instance composed of two magistrates for each, courts (juzgados) of first instance and courts of peace. their number, jurisdiction, powers, and residence shall be determined by the law. article 176 to be a magistrate of the supreme court of justice, it is required: to be salvadoran by birth, a layman, over forty years old, a lawyer of the republic, of well-known morality and competence; to have served as a magistrate of second instance for six years or as a judge (judicatura) of first instance for nine years, or to have obtained authorization to exercise the profession of lawyer at least ten years before his election; to be in the enjoyment of the rights of citizenship, having been so for six years before filling his position. article 177 to be a magistrate of the chambers of second instance, it is required: to be salvadoran, a layman, over thirty-five years old, a lawyer of the republic, of well-known morality and competence; to have served as a judge of first instance for six years, or to have obtained authorization to exercise the profession of lawyer at least eight years before his election; to be in the enjoyment of the rights of citizenship, having been so for six years before filling his position. article 178 spouses or relatives included amongst themselves within the fourth degree of consanguinity or second degree of affinity shall not be elected magistrates of the supreme court of justice nor to the same chamber of second instance. article 179 to be a judge of first instance, it is required: to be salvadoran, a layman, a lawyer of the republic, of well-known morality and competence; to have served as a justice of peace during one year or have obtained the authorization to exercise the profession of lawyer two years before his appointment; to be in the exercise of the rights of citizenship, having been so for three years preceding filling his position. article 180 the minimum requirements to be a justice of peace are: to be salvadoran, an attorney of the republic, a layman, more than twenty-one years old, of well-known morality and competence; to be in the enjoyment of the rights of citizenship and to have been for three years prior to being appointed. justices of the peace shall be included in the judicial career. in exceptional cases, the national council of the judicature may propose persons who are not attorneys for positions as justice of the peace, but the period of their functions shall be one year. article 181 the administration of justice shall always be free of charge. article 182 the powers of the supreme court of justice are: to hear cases on amparo; to settle competitions that arise among the tribunals of any jurisdiction (fuero) or nature; to take cognizance of prize cases (causas de presa), and of those not reserved to another authority; to order the issuance of letters or commissions rogatory created to perform proceedings outside the republic and to demand compliance with those proceeding from other countries, without prejudice to the provisions of existing treaties; and to grant extradition; to grant, according to the law and when necessary, permission for the execution of sentences pronounced by foreign courts; to see that justice is promptly and faithfully administered, for which it shall adopt the measures it deems necessary; to take cognizance of the responsibility of public functionaries in those cases indicated by the laws; to hear cases of suspension or loss of the rights of citizenship in the cases included in numbers 2 and 4 of article 74, and in numbers 1, 3, 4, and 5 of article 75 of this constitution, as well as of the corresponding rehabilitation; to issue reports and opinions on applications for pardon and change of punishment; to appoint magistrates of the chambers of second instance, judges of first instance, and justices of peace from the lists of three candidates (ternas) proposed by the national council of the judicature; as well as forensic physicians and the employees of their dependent offices; to remove them, to recognize their resignations, and to grant them leave; to appoint associate justices in those cases provided by the law; to receive, personally or through functionaries it designates, the constitutional oath of office of the functionaries appointed by it; to admit lawyers and authorize them to practice their profession; to suspend them for nonfulfillment of professional obligations, for grave negligence or ignorance, unethical professional conduct, or for notoriously immoral private conduct; to disqualify them for venality, bribery, fraud, deceit, and others, and to reinstate them for legal reasons. in cases of suspension and disqualification it shall proceed in the manner prescribed by law and render decisions only on the moral force of the evidence. the same powers shall be exercised with respect to notaries; to prepare the budget bill for salaries and expenditures in the administration of justice and send it to the executive organ for inclusion, without modifications, in the bill for the general budget of the state. the legislative assembly shall consult with the supreme court of justice for the budgetary adjustments that it may deem necessary to this proposed budget; the others determined by this constitution and the law. article 183 the supreme court of justice, through the constitutional division, shall be the sole tribunal competent to declare the unconstitutionality of laws, decrees, and regulations, by their form or content, in a general and compulsory manner, and it may do so on the petition of any citizen. article 184 the chambers of second instance of the capitol, according to the matter, shall take cognizance of trials against the state in first instance, and the respective division of the supreme court of justice shall hear them in the second instance. article 185 within the power of administering justice, it corresponds to the courts, in cases in which they must pronounce judgment, to declare the inapplicability of any law or order of the other organs that is contrary to constitutional principles. article 186 the judicial career is established. magistrates of the supreme court of justice shall be elected by the legislative assembly for a term of nine years; they may be re-elected and they shall be renewed by thirds every three years. they may be removed by the legislative assembly for specific causes previously established by the law. a favorable vote of at least two-thirds of the elected deputies is necessary to elect them, as well as to remove them from office. the election of magistrates of the supreme court of justice shall be made from a list of candidates which the national council of the judicature shall form according to the terms established by law, half of which shall originate from the contributions of the representative entities of the attorneys of el salvador and where the most relevant currents of judicial thought must be represented. magistrates of the chambers of second instance, judges of the first instance and justices of the peace integrated in the judicial career shall enjoy stability in their posts. the law must assure judges protection so they may exercise their functions in all matters which they recognize with complete freedom, impartially, and without any influence; and the means that guarantee them a just remuneration and a standard of living adjusted to the responsibility of their positions. the law shall regulate the requirements and the form of income for the judicial career, promotions, advancements, transfers, and disciplinary sanctions for the functionaries included in it and other questions inherent to said career. article 187 the national council of the judicature is an independent institution, charged with proposing candidates for the positions of magistrates of the supreme court of justice, magistrates of the chambers of second instance, judges of the first instance, and justices of the peace. the national council of the judicature shall be responsible for the organization and functioning of the school of judicial training, the object of which is to assure improvement in the professional development of judges and other judicial functionaries. members of the national council of the judicature shall be elected and removed by the legislative assembly by the authorized vote of two-thirds of the elected deputies. the law shall determine what concerns this matter. article 188 the position of magistrate or judge is incompatible with the exercise of advocacy or notarizing, as well as that of functionary of other organs of the state, except as a teacher and diplomat on a transitory mission. article 189 the jury is established for the trial of the common crimes determined by the law. article 190 jurisdictional privilege (fuero atractivo) is prohibited. chapter iv. public ministry article 191 the public ministry shall be exercised by the attorney general (fiscal general) of the republic, the procurator general (procurador general) of the republic, the procurator for the defense of human rights, and other functionaries determined by the law. article 192 the attorney general of the republic, the procurator general of the republic, and the procurator for the defense of human rights shall be elected by the legislative assembly by an authorized majority of two-thirds of the elected deputies. they shall last three years in the exercise of their posts and they may be re-elected. they may be removed from office only for legal causes, with the vote of two-thirds of the elected deputies. the same qualifications are required to be attorney general of the republic or procurator general of the republic as to be a magistrate of the chambers of second instance. the law shall determine the requirements which must be met by the procurator for the defense of human rights. article 193 it corresponds to the attorney general: to defend the interests of the state and of society; to officially or upon the petition of a party promote the action of justice in defense of legality; to direct the investigation of crime with the collaboration of the national civil police in the manner determined by law; to officially or upon the petition of a party promote penal action; to defend the fiscal interests and to represent the state in all cases and contracts concerning the acquisition of personal property in general and of property subject to litigation, and any others specified by law; to promote the prosecution and punishment of persons indicted (indiciados) for crimes against the authorities, and for contempt; to appoint special commissions for the fulfillment of its functions; to appoint, remove, grant leaves to, and accept resignations of attorneys (fiscales) of the supreme court of justice, the chambers of second instance, the military tribunals, and tribunals that take cognizance in the first instance, and attorneys of the treasury department. he has the same powers with respect to functionaries and employees of his dependent office; abrogated; to ensure that in the concessions granted to any class by the state, the requirements, conditions and purposes established in the same are complied with and to exercise the corresponding actions; to exercise other powers prescribed by law. article 194 the procurator for the defense of human rights and the procurator general of the republic shall have the following functions: it corresponds to the procurator for the defense of human rights: to guard for the respect and guarantee of human rights; to investigate, officially or by a denouncement that has been received, cases of human rights violations; to assist alleged victims of human rights violations; to promote judicial or administrative resources for the protection of human rights; to maintain vigil over the situation of private persons with respect to their freedom. he shall be notified of all arrests and shall take care that the legal limits of administrative detention are respected; to carry out inspections, where he deems necessary, to secure respect for human rights; to supervise the performance of the public administration before persons; to promote reforms before organs of the state for the advancement of human rights; to issue opinions on bills of law which affect the exercise of human rights; to promote and propose steps he deems necessary to prevent violations of human rights; to publicly or privately formulate conclusions and recommendations; to elaborate and publish reports; to develop a permanent program of promotion activities on knowledge of and respect for human rights; the others assigned to him by the constitution or the law. the procurator for the defense of human rights may have departmental and local delegates of a permanent character. it corresponds to the procurator general of the republic: to keep watch for the defense of the family and interests of minors and others who are incapable; to provide legal assistance to persons of limited economic resources and to represent them judicially in defending their individual liberty and labor rights; to appoint, remove, grant leave to, and accept the resignations of the auxiliary procurators of all the tribunals of the republic, of labor procurators, and of other functionaries and employees of their dependencies; to exercise the other powers established by law. chapter v. court of accounts of the republic article 195 the audit of the public treasury (hacienda pública) in general and of the execution of the budget in particular shall be entrusted to an independent organism of the executive organ, to be known as the court of accounts of the republic, and which shall have the following powers: to watch over the collection, custody, commitment and distribution of public funds; as well as the liquidation of taxes, rates, rights and other contributions when the law so determines; to authorize every withdrawal of funds from the public treasury (tesoro público), in conformity with the budget; to intervene for preventive purposes in any act that in a direct or indirect manner affects the public treasury or the patrimony of the state, and to authenticate acts and contracts relating to the public debt; to supervise, inspect, and audit the accounts of the functionaries and employees which administer or manage public funds or property (bienes), and to try cases arising from such accounts; to supervise the economical management of autonomous state institutions and businesses, and entities supported by funds or that receive subventions or subsidies from the public treasury. such supervision shall be adapted to the nature and purposes of the organization concerned, in accordance with that determined by the law in this respect; to examine the account submitted by the executive organ to the assembly on the management of the public treasury, and to report to the same the result of such examination; to prepare the regulations necessary for the fulfillment of its powers; to inform the president of the republic, the legislative assembly, and the other respective hierarchical superiors, in writing of the proven relevant irregularities of every public official in the management of property and funds subject to audit; to ensure that the debts to the state and municipalities are made effective; to perform the other functions prescribed by law. the 2nd and 4th powers shall be carried out in a manner suitable to the nature and purpose of the concerned organ, according to that which the law determines in this respect; and it may act prior to a request of the supervised organ, of the body superior to it, or of office when it considers it necessary. article 196 to carry out its jurisdictional functions, the court of accounts of the republic shall be divided into one chamber of second instance and the chambers of first instance established by law. the chamber of second instance shall be composed of the president of the court and two magistrates, whose number may be increased by law. these functionaries shall be elected for a term of three years, may be re-elected, and may not be removed from office except for just cause, by a resolution of the legislative assembly. the chamber of second instance shall appoint, remove, grant leaves to, and accept resignations from the judges of the chambers of first instance. a special law shall regulate the administrative functioning, jurisdiction, competence, and order of the court of accounts and its chambers. article 197 whenever an act submitted to the cognizance of the court of accounts of the republic in its opinion violates any law or regulation in force, it must so advise the functionaries who in the exercise of their legal functions communicated the act (se lo comuniquen), and the act in question shall remain in suspension. the executive organ may ratify the act in whole or in part, provided it considers it legal, by means of a reasoned resolution, made in the council of ministers and communicated in writing to the president of the court. this resolution must be published in the official gazette. the ratification duly made known, will terminate the suspension of the act, provided the observations of the court of accounts are not based on the lack or insufficiency of a budgetary credit to which an expenditure is to be charged, since in such cases, the suspension must be maintained until the deficiency of credit has been filled. article 198 the president and magistrates of the court of accounts must be salvadorans by birth, over thirty years of age, and of well-known integrity and competence; they must be in the exercise of their rights of citizenship, having been so for three years immediately preceding their election. article 199 the president of the court of accounts shall submit annually to the legislative assembly a detailed and documented report of the work of the court. this duty must be carried out within three months after the end of the fiscal year. the unfulfillment of this duty shall be considered as just cause for dismissal. chapter vi. local government first section. jurisdiction of governors (gobernaciones article 200 the territory of the republic is divided into departments for political administration, the number and boundaries of which shall be fixed by law. in each of them there shall be a proprietary and substitute governor, appointed by the executive organ, whose powers shall be determined by law. article 201 to be a governor it is required: to be a salvadoran, a layman, over twenty-five years of age, to be in exercise of the rights of citizenship, having been so for three years immediately preceding appointment, to be of well-known morality and education, and to be a native or resident of the respective department; in the latter case, two years of residence immediately preceding appointment is necessary. second section. the municipalities article 202 for the local government, the departments are divided into municipalities, which are governed by councils, consisting of a mayor, a syndic (síndico), and two or more aldermen (regidores), the number of whom shall be in proportion to the population. the members of the municipal councils must be over twenty-one years of age and natives or residents of the municipality; they shall be elected for a period of three years, may be re-elected, and their further qualifications shall be determined by law. article 203 the municipalities shall be autonomous in the exercise of their economic, technical, and administrative functions; and shall be governed by a municipal code which shall set down the general principles for the organization, functioning, and exercise of their autonomous powers. the municipalities shall be obligated to collaborate with other public institutions in plans for national or regional development. article 204 the autonomy of the municipality includes [the power]: to create, modify and suppress public taxes and contributions for the realization of particular works within the limits established by a general law. once taxes or contributions are approved by the municipal council the respective agreement shall be published in the official gazette, and eight days after its publication, its observance shall be mandatory; to declare its budget of revenues and expenditures; to freely carry out matters within its competency; to appoint and remove functionaries and employees from their branch offices (dependencias); to enact local ordinances and regulations; to elaborate their tax rates and reforms, so as to propose them as law to the legislative assembly. article 205 no law nor authority may exempt itself or dispense with the payment of municipal taxes and contributions. article 206 the plans of local development must be approved by the respective municipal council; and the institutions of the state must collaborate with the municipality in their development. article 207 municipal funds may not be centralized in the general fund of state, nor may they be utilized except in services and for the benefit of the municipalities. the municipalities may associate or form amongst themselves cooperative agreements for the purpose of carrying out works or services that are of common interest to two or more municipalities. to guarantee the development and the economic autonomy of the municipalities, a fund for their economic and social development shall be created. a law shall establish the amount of such fund and the mechanisms for its use. the municipal councils will administer the patrimony of their municipalities and will render a detailed and documented account of their administration to the court of accounts of the republic. the execution of the budget will be audited a posteriori by the court of accounts of the republic, as prescribed by law. chapter vii. supreme electoral tribunal article 208 there shall be a supreme electoral tribunal which shall consist of five magistrates, who shall last five years in their functions and who shall be elected by the legislative assembly. three of them from each of the lists of three candidates (ternas) proposed by the three political parties or legal coalitions that obtained the greatest number of votes in the last presidential election. the two remaining magistrates shall be elected with the favorable vote of at least two-thirds of the elected deputies, from two lists of three candidates proposed by the supreme court of justice, who must meet the requirements to be judges of the chambers of second instance and have no party affiliation. there shall be five substitute magistrates elected in a similar manner to the officeholders. if because of any circumstance no list of three nominees is proposed, the legislative assembly shall hold the respective election without the missing list. the magistrate president shall be proposed by the party or legal coalition which obtained the greatest number of votes in the last presidential election. the supreme electoral tribunal shall be the highest authority on this subject, without prejudice to the recourses established by this constitution concerning its violation. article 209 the law shall establish the organs (organismos) necessary to receive, recount, and certify votes and other activities concerning suffrage and shall take care that they are integrated in such a way that no party or coalition of parties predominates within them. political parties or contending coalitions shall have the right to maintain vigil over the entire electoral process. article 210 the state recognizes political debt as a mechanism for financing contending political parties, which seeks to provide them with their freedom and independence. the secondary law shall regulate that referring to this matter. chapter viii. armed forces article 211 the armed force is a permanent institution in the service of the nation. it is obedient, professional, apolitical, and non-deliberative. article 212 the mission of the armed force is to defend the state’s sovereignty and territorial integrity. the president of the republic may exceptionally order the armed force to maintain internal peace, in accordance with that provided by this constitution. the fundamental organs of the government mentioned in article 86 may order the armed force to make effective the provisions which they have adopted, within their respective constitutional areas of authority, to carry out (hacer cumplir) this constitution. the armed force shall collaborate in works of public benefit which are entrusted to it by the executive organ and shall assist the population in cases of national disaster. article 213 the armed force forms a part of the executive organ and is subordinate to the authority of the president of the republic in his capacity as commander-general. its structure, juridical regime, doctrine, composition, and functioning are defined by the law, the regulations and special provisions which the president of the republic adopts. article 214 the military career is professional and the only military ranks recognized are those obtained by strict seniority (escala) and in conformity with the law. military employees (militares) may not be deprived of their rank, honors, and loans, except in the cases determined by law. article 215 military service is compulsory for all salvadorans between eighteen and thirty years old. in the event of necessity, all salvadorans capable of performing military tasks shall be soldiers. a special law shall regulate this matter. article 216 military jurisdiction is established. for the trial of crimes and misdeeds (faltas) which are purely military there shall be special procedures and tribunals in conformity with the law. as an exceptional regime with respect to unity of justice, military jurisdiction shall be reduced to cognizance of purely military crimes and misdeeds in service, being understood as such those which exclusively affect a strictly military juridical interest. members of the armed force in active service enjoy the right of military jurisdiction for purely military crimes and misdeeds. article 217 the fabrication, importation, exportation, trade, possession and bearing of arms, munitions, explosives and similar articles may only be effected with the authorization of and under the direct supervision of the executive organ, in the branch of defense (ramo de defensa). a special law shall regulate this subject. title vii. administrative regimen chapter i. civil service article 218 public functionaries and employees are in the service of the state and not of any specific political faction. they may not make use of their positions to engage in partisan politics. one who so acts shall be sanctioned as prescribed by law. article 219 the administrative career is established. the law shall regulate the civil service and especially the conditions for admission to the administration; promotions and raises on the basis of merit and aptitude; transfers, suspensions, and dismissals; the duties of public servants and recourses against decisions affecting them; likewise, it shall ensure job stability to public employees. functionaries and employees holding political and personal (de confianza) appointments are not included in the administrative career, and in particular, the ministers and vice-ministers of state, the attorney general of the republic, the procurator general of the republic, the secretaries of the presidency of the republic, the ambassadors, the general directors, the departmental governors, and the private secretaries of the foregoing functionaries. article 220 a special law shall regulate matters pertinent to retirement of the public and municipal functionaries and employees, which shall fix the percentage of retirement benefits (jubilación) to which they shall be entitled according to the number of years of service rendered and to the earned salaries. the amount of retirement benefits which is collected shall be exempt from all tax or fiscal and municipal appraisal. the same law shall establish the other benefits to which public and municipal servants will be entitled. article 221 strikes by public functionaries or employees, as well as the collective abandonment of positions, are prohibited. the civil public services may be militarized only in the event of a national emergency. article 222 the provisions of this chapter also apply to municipal functionaries and employees. chapter ii. public treasury (hacienda publica article 223 the public treasury consists of: its funds and liquid assets; its active credits; its real and personal property; revenues derived from the application of the laws governing taxes, duties, and other payments, as well as those that belong to it under any other title. recognized debts and those originating from duly authorized public expenditures are obligations chargeable against the public treasury. article 224 all revenue of the public treasury shall constitute a single fund that shall generally be subject to the needs and obligations of the state. the law may, nevertheless, allocate specific revenues for service on the public debt. donations likewise may be allotted to the purposes indicated by the donor. article 225 whenever a law authorizes, the state, for the attainment of its goals, may separate property from the general assets of the public treasury, or assign assets of the general fund, to establish or add to special patrimony of the state for the use of public institutions. article 226 the executive organ, through the appropriate branch, shall have the direction of the public finances, and shall be especially bound to maintain a balanced budget, insofar as this is compatible with the fulfillment of the purposes of the state. article 227 the general budget of the state, for each fiscal period, shall contain an estimate of all revenues anticipated in accordance with the laws in force on the date the budget was voted on, as well as the authorization for all expenditures deemed convenient to accomplish the aims of the state. the legislative organ may decrease or reject the credits requested, but may never increase them. the budget shall authorize the floating debt that the government may incur during each year to cover temporary deficits in revenue. the autonomous state institutions and businesses and entities whose expenditures are paid for or subsidized by funds of the treasury with the exception of credit institutions, shall be governed by special budgets and salary systems approved by the legislative organ. a special law shall establish regulations concerning the preparation, voting, execution, and rendering of accounts of the budgets and shall regulate the procedure to be followed when at the close of one fiscal period the budget for the new period is not yet in effect. article 228 no sum shall be committed or discounted as against public funds unless it is within the limits of a budget credit. any pledge, grant, or payment must be made in accordance with provisions of law. funds from future fiscal periods may be pledged only with legislative authorization, for works of public or administrative interest, or for the consolidation or conversion of the public debt. for such purposes an extraordinary budget may be approved. there shall be a special law to regulate subsidies, pensions, and retirement allotments that affect public funds. article 229 the executive organ, observing due legal formalities, may make transfers between items under the same branch or administrative organ, with the exception of those declared nontransferable in the budget. the judicial organ shall have an equal power with respect to items in its budget, observing the same legal formalities. article 230 there shall be a general treasury service for the collection, custody, and expenditure of public funds. whenever public property is expended in contravention of legal provisions, the official who authorizes or orders the transaction shall be held liable, as well as the person who effects the expenditure, unless he proves his freedom from guilt. article 231 no taxes may be imposed except by virtue of a law and for the public service. churches and their dependencies immediately and directly designated for religious service are exempt from taxes on real property. article 232 neither the legislative organ nor the executive organ may relieve functionaries and employees who manage national or municipal funds of the obligation to pay sums of money retained (reparadas) by them, nor dispense with the payment of debts due the public treasury (fisco) or the municipalities. article 233 real property of the public treasury or in public use can only be donated or given in usufruct, commodation (comodato) or lease (arrendamiento) with the authorization of the legislative organ, to entities of general utility. article 234 whenever the state has to conclude contracts for public works or to acquire personal property for which public funds or assets are to be expended, such works or supply orders must be submitted for public bidding, except in those cases specified by law. no contract may be concluded in which the decision, in the event of controversy, is to be rendered by the courts of a foreign country. that provided in the preceding paragraphs shall be applied to the municipalities. title viii. responsibility of public functionaries article 235 every civil or military functionary shall, before taking possession of his office, swear on his word of honor to be faithful to the republic, to comply with and enforce the constitution, to abide by its provisions, notwithstanding laws, decrees, orders, or resolutions to the contrary, to promise moreover to strictly fulfill the duties imposed by his office, for the violation of which he shall be responsible according to the law. article 236 the president and vice-president of the republic, deputies, the appointees to the presidency, the ministers and vice-ministers of the state, the president and magistrates of the supreme court of justice and of the chambers of second instance, the president and magistrates of the court of accounts of the republic, the attorney general of the republic, the procurator general of the republic, the procurator for the defense of human rights, the president and magistrates of the supreme electoral tribunal, and the diplomatic representatives shall answer to the legislative assembly for the official and common crimes they commit. the assembly, after hearing an accusing member and the accused official or special defender, as the case may be, shall declare whether or not there are grounds for a trial. in the former event, the case shall be sent to the chamber of second instance specified by law, for a trial in first instance; and in the latter event, the case shall be dropped. the decisions rendered by the aforementioned chamber shall be passed upon in second instance by one of the divisions of the supreme court of justice, and in cassation by the full court. any person has the right to denounce the offenses with which this article is concerned, and to appear as a party if he has the qualifications required by law. article 237 as soon as the legislative assembly or the supreme court of justice declares that there are grounds for trial, the offender shall be suspended from the exercise of his functions and may not continue in his position for any reason whatsoever. if he does, he shall be guilty of the crime of prolonging of functions. if the sentence is condemnatory, he shall be dismissed from his position through the same act. if acquitted, he shall resume the exercise of his functions, if the position is one of those that is conferred for a determined time and the period of his election or appointment has not expired. article 238 the deputies may not be tried for serious offenses they commit from the day of their election until the end of the period for which they were elected, without the legislative assembly previously declaring that there are grounds for trial, in conformity with the procedure established in the preceding article. for the less serious crimes and misdeeds they commit during the same period they may not be detained or imprisoned, nor called to testify until after the conclusion of the period of their election. if the president, vice-president of the republic or a deputy were to be caught in flagrante delicto, from the day of their election until the end of the period for which they were elected, they may be detained by any person or authority, who shall be obliged to place the case immediately at the disposition of the assembly. article 239 judges of first instance, departmental governors, justices of the peace, and other functionaries specified by law shall be tried for official offenses they commit in the ordinary courts after issuance of a statement by the supreme court of justice that there are grounds for trial. the aforementioned functionaries shall be subject to ordinary procedure for the ordinary crimes and offenses they commit. members of the municipal councils who commit official or ordinary crimes shall come before the corresponding judges of first instance. article 240 public functionaries and employees who enrich themselves at the expense of the public or municipal treasury without justifiable cause, shall be bound to restitute the state or municipality for that which they illegally acquired, without prejudice to the responsibility they may have incurred according to the laws. unlawful enrichment is presumed if an increase in the capital of the official or employee, from the date he took possession of his office to the date when his functions ceased, is noticeably higher than would be normal given the wages or emoluments legally received, and the increases in capital or income from any other justifiable source. to determine said increase, the capital and income of the functionary or employee, his spouse, and children shall be considered jointly. functionaries and employees specified by law are required to declare their financial status before the supreme court of justice, in accordance with the preceding paragraphs, within sixty days after that in which they took possession of their offices. the court has the authority to take the steps it deems necessary to verify the truth of the declaration, which it shall keep on file, and use only for the purposes indicated in this article. when the term of office of such functionaries and employees ends, they must make a new declaration of their financial status. the law shall determine the penalties for nonfulfillment of this duty. trials for enrichment without just cause may only be initiated within ten years following the date when the functionary or employee ended the position the exercise of which could have led to said enrichment. article 241 public, civil or military functionaries who have knowledge of official offenses committed by functionaries or employees subordinate to them must notify the competent authorities as soon as possible so that they may be tried, and if such notice is not given in due time, the functionaries concerned shall be considered guilty as accessories after the fact, and shall incur the corresponding penal liabilities. article 242 the statute of limitations (prescripción) for official crimes and offenses shall be governed by general rules, and shall start to run from when the guilty functionary terminates his functions. article 243 notwithstanding approval given by the legislative organ to official acts in those cases required by this constitution, functionaries who have intervened in such acts may be prosecuted for official offenses as long as the period designated by the statute of limitations has not expired. the approval of records and accounts that are submitted to the legislative organ, gives no greater validity to the acts and contracts to which they refer than they have according to the law. article 244 the violation, infraction or alteration of constitutional provisions shall be especially punished by the law; and the civil or penal responsibilities incurred by public, civil or military functionaries, with such purpose, will not admit of amnesty, commutation or exemption, during the presidential period within which they were committed. article 245 the public functionaries and employees will answer personally and the state [in] subsidiary, for material or moral damages which they should cause in consequence of a violation of the consecrated rights of this constitution. title ix. scope, application, reform and repeal article 246 the principles, rights, and obligations established by this constitution may not be altered by laws that regulate their exercise. the constitution shall prevail over all laws and regulations. the public interest shall come before private interest. article 247 any person may seek amparo before the constitutional division (sala de lo constitucional) of the supreme court of justice for the violation of rights granted by this constitution. habeas corpus may be requested before the constitutional division of the supreme court of justice or before the chambers of second instance which do not reside in the capital. a ruling of the chamber which should deny the liberty of the person availing himself (favorecido) may be the object of review, on motion by the interested party, by the constitutional division of the supreme court of justice. article 248 reformation of this constitution may be decided by the legislative assembly, with the vote of one-half plus one of the elected deputies. for this amendment to be decreed, it must be ratified by the following legislative assembly by a vote of two-thirds of the elected deputies. thus ratified, the corresponding decree shall be issued and shall be published in the official gazette. amendments may only be proposed by elected deputies, by a number no less than ten. under no circumstances, may the articles of this constitution, which refer to the form and system of government, to the territory of the republic, and to the principle that a president cannot succeed himself (alternabilidad), be amended. article 249 the constitution proclaimed by decree no. 6, of the eighth of january of 1962, published in the official gazette, no. 110, vol. 194, dated the sixteenth of the same month and year, adopted by the constituent decree no. 3, of the twenty-sixth of april of 1982, published in the official gazette, no. 75, vol. 275, of the same date, its regimen of exceptions, as well as all those constitutional provisions which conflict with any precept of this constitution, are repealed. title x. transitional provisions article 250 while the pertinent secondary legislation is not modified, the crimes punishable by death that are not included in article 27 of this constitution shall be sanctioned with the highest penalty of deprivation of liberty. this disposition will be applied to people who would have had the death penalty by executive sentence. article 251 until the law of procedure mentioned in the last clause of article 30 of this constitution becomes effective, the law regulating this matter shall continue in effect, but its operation shall not exceed february 28, 1984. article 252 the right established in the 12th ordinal of article 38 of this constitution will be in force until it is regulated by secondary law, which shall have no retroactive effect. article 253 the provisions embodied in the constituent decree no. 36, dated november 22, 1983, published in the official gazette, no. 225, vol. 281, dated december 5 of the same year are incorporated in this title. that provided in the 3rd, 4th and 5th ordinals of article 152 of this constitution, shall not take effect for the next election for president and vice-president of the republic, owing to that provided for in constituent decree no. 36, dated november 22, 1983, published in the official gazette no. 225, vol. 281, dated december 5 of the same year. article 254 the persons to whom this constitution confers the status of salvadorans by birth, shall enjoy the rights and have the duties inherent to the same, from the date of their birth (vigencia), without requiring any additional procedure or recognition of nationality. article 255 the present organization of the supreme court of justice shall continue in force until june 30, 1984, and the magistrates of the same, elected by this constituent assembly, shall remain in their functions until such date, on which the constitution and the laws relevant to its organization and competence, to which articles 173 and 178 of this constitution refer, must be harmonized. the magistrates of the chambers of second instance and judges of the first instance presently serving shall complete their respective terms and the newly selected ones, as prescribed by this constitution, will enjoy job stability, as referred to in the same, and shall meet the requirements it demands. article 256 the president and magistrates of the court of accounts of the republic elected by this constituent assembly will remain in their posts until june 30, 1984. article 257 the vice-president of the republic will continue the exercise of their positions until may 31, 1984, with the powers established by constituent decree no. 9, dated may 6, 1982, published in the official gazette no. 91, vol. 275, dated the 19th of the same month and year. article 258 the powers, authorities and other functions which the law or regulations confer to the sub-secretaries of the state, shall be exercised by the vice-ministers of state, except [the power] to form part of the council of ministers, unless substituting for one of them. article 259 the attorney general of the republic and the general procurator for the poor (procurador general de los pobres), nominated as prescribed by the constitution of 1962 and ratified by this assembly according to the regimen of exceptions from the same, will remain in their posts until may 31, 1984. article 260 the municipal councils, appointed as prescribed by constituent decree no. 9 of may 6, 1982, published in the official gazette no. 9, vol. 275, dated the 19th of the same month and year, will remain in their posts until april 30, 1985. if during the period between may 31, 1984 and april 30, 1985, a vacancy should occur for any reason, it will be filled as prescribed by law. article 261 in the event that ministers and vice-ministers of state are appointed during the period from the date this constitution becomes effective to the date the president and vice-president take charge of their posts, elected according to constituent decree no. 36, dated november 22, 1983, published in the official gazette no. 225, vol. 281, dated december 5 of the same year, they must be ratified by the legislative assembly. article 262 the creation, modification and suppression of public taxes and contributions, to which ordinal 1 of article 204 of this constitution refer, shall be approved by the legislative assembly while the general law which the same constitutional disposition refers to is not in force. article 263 the members of the central electoral council, elected according to constituent decrees nos. 17 and 18, dated november 3, 1982, published in official gazette no. 203, vol. 277, dated the 4th of the same month and year, shall remain in their posts until july 31, 1984. article 264 while agrarian jurisdiction is not established, this matter will continue to be heard by the same institutions and tribunals which, according to the respective laws, have such powers applying the procedures they established. article 265 the legitimacy of all the laws and decrees relative to the process of the agrarian reform is recognized to the extent that they do not contradict the text of this constitution. article 266 it is the duty of the state to establish mechanisms needed to guarantee payment of the price or indemnification of real estate used for agriculture, livestock and forestry, by nature, adherence or by designation expropriated as a consequence of legal dispositions which introduced changes in the system of property or possession of the same. a special law will regulate this matter. article 267 if land which exceeds the maximum limits established in article 105 of this constitution is not transferred within the period therein contemplated due to a cause imputable to the owner, it may be the object of expropriation by the operation of law and indemnification may not be prior. the concepts of peasant and small farmer must be defined by law. article 268 trustworthy documents for the interpretation of this constitution will be, in addition to the proceedings of the plenary session of the constituent assembly, the audio (magnetofónicas) and video recordings which contain the incidents and participation of the constituent deputies in its discussion and approval, as well as similar documents elaborated by the editing commission of the proposed constitution. the managing board (junta directiva) of the legislative assembly must dictate the pertinent dispositions to guarantee the authenticity and conversation of said documents. article 269 if due to force majeure or gratuitous cause, duly recognized by the legislative assembly, elections for president and vice-president of the republic cannot be effectuated on the date indicated in constituent decree no. 36, dated november 22, 1983, published in official gazette no. 225, vol. 281, dated december 5 of the same year, it shall set a new date. for the qualifications of the event as well as for the setting of the new date, a vote of three-fourths of the elected deputies will be needed. article 270 the matter disposed in the third clause of article 106 of this constitution shall not be applied to indemnifications arising out of expropriations effectuated before the enactment of this constitution. article 271 the legislative assembly must harmonize, with this constitution, the secondary laws of the republic and the special laws of creation and other dispositions which regulate the official autonomous institutions, within the period of a year beginning from the date of its validity, to which effect the competent bodies must present their respective projects within the first six months of the indicated period. article 272 when this constitution becomes effective every civil or military functionary must surrender the pledge to which article 235 refers. article 273 this assembly will be provided legal legislative validity (se constituirá en legislativa) on the day on which the constitution becomes effective and will end its term on april 30, 1985. title xi. validity article 274 the present constitution will become effective on december 20, 1983, after publication in the official gazette on december 16, 1983. part i general provisions article 1 the state of cyprus is an independent and sovereign republic with a presidential regime, the president being greek and the vice president being turk elected by the greek and the turkish communities of cyprus respectively as hereinafter in this constitution provided. article 1a no provision of the constitution shall be deemed to annul laws enacted, acts done or measures taken by the republic which become necessary by reason of its obligations as a member state of the european union, nor does it prevent regulations, directives or other acts or binding measures of a legislative character, adopted by the european union or the european communities or by their institutions or competent bodies thereof on the basis of the treaties establishing the european communities or the treaty of the european union, from having legal effect in the republic. article 2 for the purposes of this constitution the greek community comprises all citizens of the republic who are of greek origin and whose mother tongue is greek or who share the greek cultural traditions or who are members of the greek-orthodox church; the turkish community comprises all citizens of the republic who are of turkish origin and whose mother tongue is turkish or who share the turkish cultural traditions or who are moslems; citizens of the republic who do not come within the provisions of paragraph (1) or (2) of this article shall, within three months of the date of the coming into operation of this constitution, opt to belong to either the greek or the turkish community as individuals, but, if they belong to a religious group. shall so opt as a religious group and upon such option they shall be deemed to be members of such community: provided that any citizen of the republic who belongs to such a religious group may choose not to abide by the option of such group and by a written and signed declaration submitted within one month of the date of such option to the appropriate officer of the republic and to the presidents of the greek and the turkish communal chambers opt to belong to the community other than that to which such group shall be deemed to belong: provided further that if an option of such religious group is not accepted on the ground that its members are below the requisite number any member of such group may within one month of the date of the refusal of acceptance of such option opt in the aforesaid manner as an individual to which community he would like to belong. for the purposes of this paragraph a "religious group" means a group of persons ordinarily resident in cyprus professing the same religion and either belonging to the same rite or being subject to the same jurisdiction thereof the number of whom, on the date of the coming into operation of this constitution, exceeds one thousand out of which at least five hundred become on such date citizens of the republic: a person who becomes a citizen of the republic at any time after three months of the date of the coming into operation of this constitution shall exercise the option provided in paragraph (3) of this article within three months of the date of his so becoming a citizen; a greek or a turkish citizen of the republic who comes within the provisions of paragraph (1) or (2) of this article may cease to belong to the community of which he is a member and belong to the other community upon a written and signed declaration by such citizen to the effect that he desires such change, submitted to the appropriate officer of the republic and to the presidents of the greek and the turkish communal chambers; the approval of the communal chamber of such other community; any individual or any religious group deemed to belong to either the greek or the turkish community under the provisions of paragraph (3) of this article may cease to belong to such community and be deemed to belong to the other community upona written and signed declaration by such individual or religious group to the effect that such change is desired, submitted to the appropriate officer of the republic and to the presidents of the greek and the turkish communal chambers; the approval of the communal chamber of such other community; a married woman shall belong to the community to which her husband belongs; a male or female child under the age of twenty-one who is not married shall belong to the community to which his or her father belongs, or, if the father is unknown and he or she has not been adopted, to the community to which his or her mother belongs article 3 the official languages of the republic are greek and turkish. legislative, executive and administrative acts and documents shall be drawn up in both official languages and shall, where under the express provisions of this constitution promulgation is required, be promulgated by publication in the official gazette of the republic in both official languages. administrative or other official documents addressed to a greek or a turk shall be drawn up in the greek or the turkish language respectively. judicial proceedings shall be conducted or made and judgments shall be drawn up in the greek language if the parties are greek, in the turkish language if the parties are turkish, and in both the greek and the turkish languages if the parties are greek and turkish. the official language or languages to be used for such purposes in all other cases shall be specified by the rules of court made by the high court under article 163. any text in the official gazette of the republic shall be published in both official languages in the same issue. 6 any difference between the greek and the turkish texts of any legislative, executive or administrative act or document published in the official gazette of the republic, shall be resolved by a competent court. the prevailing text of any law or decision of a communal chamber published in the official gazette of the republic shall be that of the language of the communal chamber concerned. where any difference arises between the greek and the turkish texts of an executive or administrative act or document which, though not published in the official gazette of the republic, has otherwise been published, a statement by the minister or any other authority concerned as to which text should prevail or which should be the correct text shall be final and conclusive. a competent court may grant such remedies as it may deem just in any case of a difference in the texts as aforesaid. the two official languages shall be used on coins, currency notes and stamps. every person shall have the right to address himself to the authorities of the republic in either of the official languages. article 4 the republic shall have its own flag of neutral design and colour, chosen jointly by the president and the vice-president of the republic. the authorities of the republic and any public corporation or public utility body created by or under the laws of the republic shall fly the flag of the republic and they shall have the right to fly on holidays together with the flag of the republic both the greek and the turkish flags at the same time. the communal authorities and institutions shall have the right to fly on holidays together with the flag of the republic either the greek or the turkish flag at the same time. any citizen of the republic or any body, corporate or unincorporate other than public, whose members are citizens of the republic, shall have the right to fly on their premises the flag of the republic or the greek or the turkish flag without any restriction. article 5 the greek and the turkish communities shall have the right to celebrate respectively the greek and the turkish national holidays. part ii. fundamental rights and liberties article 6 subject to the express provisions of this constitution no law or decision of the house of representatives or of any of the communal chambers, and no act or decision of any organ, authority or person in the republic exercising executive power or administrative functions, shall discriminate against any of the two communities or any person as a person or by virtue of being a member of a community. article 7 every person has the right to life and corporal integrity. no person shall be deprived of his life except in the execution of a sentence of a competent court following his conviction of an offence for which this penalty is provided by law. a law may provide for such penalty only in cases of premeditated murder, high treason, piracy jure gentium and capital offences under military law. deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary in defence of person or property against the infliction of a proportionate and otherwise unavoidable and irreparable evil; in order to effect an arrest or to prevent the escape of a person lawfully detained; in action taken for the purpose of quelling a riot or insurrection, when and as provided by law. article 8 no person shall be subjected to torture or to inhuman or degrading punishment or treatment. article 9 every person has the right to a decent existence and to social security. a law shall provide for the protection of the workers, assistance to the poor and for a system of social insurance. article 10 no person shall be held in slavery or servitude. no person shall be required to perform forced or compulsory labour. for the purposes of this article the term "forced or compulsory labour" shall not includeany work required to be done in the ordinary course of detention imposed according to the provisions of article 1i or during conditional release from such detention; any service of a military character if imposed or, in case of conscientious objectors, subject to their recognition by a law, service exacted instead of compulsory military service; any service exacted in case of an emergency or calamity threatening the life or well-being of the inhabitants. article 11 every person has the right to liberty and security of person. no person shall be deprived of his liberty save in the following cases when and as provided by law:-the detention of a person after conviction by a competent court; the arrest or detention of a person for non-compliance with the lawful order of a court; the arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so; the detention of a minor by a lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority; the detention of persons for the prevention of spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants; the arrest or detention of a person to prevent him effecting an unauthorised entry into the territory of the republic or of an alien against whom action is being taken with a view to deportation or extradition or of a national of the republic with a view of extraditing or surrendering him on under the authority of a european arrest warrant or in accordance with an international treaty binding upon the republic, on condition that such treaty is respectively applied by the counterparty. but the arrest or detention of any person with a view to extradite or surrender such person shall not be possible if the body or authority competent under law has a material reason to believe that the request to extradite or surrender was made with a view to criminally prosecute or punish the person on grounds of race, religion, nationality, ethnic origin, political belief or legitimate claims under international law to collective or personal rights. save when and as provided by law in case of a flagrant offence punishable with death or imprisonment, no person shall be arrested save under the authority of a reasoned judicial warrant issued according to the formalities prescribed by the law, or under the authority of a european arrest warrant. every person arrested shall be informed at the time of his arrest in a language which he understands of the reasons for his arrest and shall be allowed to have the services of a lawyer of his own choosing. the person arrested shall, as soon as is practicable after his arrest, and in any event not later than twenty-four hours after the arrest, be brought before a judge, if not earlier released. the judge before whom the person arrested is brought shall promptly proceed to inquire into the grounds of the arrest in a language understandable by the person arrested and shall, as soon as possible and in any event not later than three days from such appearance, either release the person arrested on such terms as he may deem fit or where the investigation into the commission of the offence for which he has been arrested has not been completed remand him in custody and may remand him in custody from time to time for a period not exceeding eight days at any one time: provided that the total period of such remand in custody shall not exceed three months of the date of the arrest on the expiration of which every person or authority having the custody of the person arrested shall forthwith set him free. any decision of the judge under this paragraph shall be subject to appeal. every person who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful. every person who has been the victim of arrest or detention in contravention of the provisions of this article shall have an enforceable right to compensation. article 12 no person shall be held guilty of any offence on account of any act or omission which did not constitute an offence under the law at the time when it was committed; and no person shall have a heavier punishment imposed on him for an offence other than that expressly provided for it by law at the time when it was committed. a person who has been acquitted or convicted of an offence shall not be tried again for the same offence. no person shall be punished twice for the same act or omission except where death ensues from such act or omission. no law shall provide for a punishment which is disproportionate to the gravity of the offence. every person charged with an offence shall be presumed innocent until proved guilty according to law. every person charged with an offence has the following minimum rights:to be informed promptly and in a language which he understands and in detail of the nature and grounds of the charge preferred against him; to have adequate time and facilities for the preparation of his defence; to defend himself in person or through a lawyer of his own choosing or, if he has no sufficient means to pay for legal assistance, to be given free legal assistance when the interests of justice so require; to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; to have the free assistance of an interpreter if he cannot understand or speak the language used in court. a punishment of general confiscation of property is prohibited. article 13 every person has the right to move freely throughout the territory of the republic and to reside in any part thereof subject to any restrictions imposed by law and which are necessary only for the purposes of defence or public health or provided as punishment to be passed by a competent court. every person has the right to leave permanently or temporarily the territory of the republic subject to reasonable restrictions imposed by law. article 14 no citizen shall be banished or excluded from the republic under any circumstances. article 15 every person has the right to respect for his private and family life. there shall be no interference with the exercise of this right except such as is in accordance with the law and is necessary only in the interests of the security of the republic or the constitutional order or the public safety or the public order or the public health or the public morals or for the protection of the rights and liberties guaranteed by this constitution to any person. article 16 every person's dwelling house is inviolable. there shall be no entry in any dwelling house or any search therein except when and as provided by law and on a judicial warrant duly reasoned or when the entry is made with the express consent of its occupant or for the purpose of rescuing the victims of any offence of violence or of any disaster. article 17 every person has the right to respect for, and to the secrecy of, his correspondence and other communication if such other communication is made through means not prohibited by law. there shall be no interference with the exercise of this right, unless such interference is permitted in accordance with the law, in the following cases: of convicted or unconvicted prisoners. following a court order issued pursuant to the provisions of the law, upon an application by the attorney-general of the republic, and interference shall constitute a measure which is necessary in a democratic society only in the interests of the security of the republic or for the prevention, investigation or prosecution of the following serious criminal offences: premeditated murder or homicide, trafficking in adult or minor human beings and offences relating to child pornography, trade, supply, cultivation or production of narcotic drugs, psychotropic substances or dangerous drugs, offences relating to coin or bank note of the republic, and offences relating to corruption in respect of which, in case of conviction, a sentence of imprisonment of five years or more is provided. following a court order issued in accordance with the provisions of the law, for the investigation or prosecution of a serious criminal offence in respect of which, in case of conviction, a sentence of imprisonment of five years or more is provided and the interference concerns access to relevant electronic communication data of movement and position and to relevant data which are necessary for the identification of the subscriber or and the user. article 18 every person has the right to freedom of thought, conscience and religion. all religions whose doctrines or rites are not secret are free. all religions are equal before the law. without prejudice to the competence of the communal chambers under this constitution, no legislative, executive or administrative act of the republic shall discriminate against any religious institution or religion. every person is free and has the right to profess his faith and to manifest his religion or belief, in worship, teaching, practice or observance, either individually or collectively, in private or in public, and to change his religion or belief. the use of physical or moral compulsion for the purpose of making a person change or preventing him from changing his religion is prohibited. freedom to manifest one's religion or belief shall be subject only to such limitations as are prescribed by law and are necessary in the interests of the security of the republic or the constitutional order or the public safety or the public order or the public health or the public morals or for the protection of the rights and liberties guaranteed by this constitution to any person. until a person attains the age of sixteen the decision as to the religion to be professed by him shall be taken by the person having the lawful guardianship of such person. no person shall be compelled to pay any tax or duty the proceeds of which are specially allocated in whole or in part for the purposes of a religion other than his own. article 19 every person has the right to freedom of speech and expression in any form. this right includes freedom to hold opinions and receive and impart information and ideas without interference by any public authority and regardless of frontiers. the exercise of the rights provided in paragraphs i and 2 of this article may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary only in the interests of the security of the republic or the constitutional order or the public safety or the public order or the public health or the public morals or for the protection of the reputation or rights of others or for preventing the disclosure of information received in confidence or for maintaining the authority and impartiality of the judiciary. seizure of newspapers or other printed matter is not allowed without the written permission of the attorney-general of the republic, which must be confirmed by the decision of a competent court within a period not exceeding seventy-two hours, failing which the seizure shall be lifted. nothing in this article contained shall prevent the republic from requiring the licensing of sound and vision broadcasting or cinema enterprises. article 20 every person has the right to receive, and every person or institution has the right to give, instruction or education subject to such formalities, conditions or restrictions as are in accordance with the relevant communal law and are necessary only in the interests of the security of the republic or the constitutional order or the public safety or the public order or the public health or the public morals or the standard and quality of education or for the protection of the rights and liberties of others including the right of the parents to secure for their children such education as is in conformity with their religious convictions. free primary education shall be made available by the greek and the turkish communal chambers in the respective communal primary schools. primary education shall be compulsory for all citizens of such school age as may be determined by a relevant communal law. education, other than primary education, shall be made available by the greek and the turkish communal chambers, in deserving and appropriate cases, on such terms and conditions as may be determined by a relevant communal law. article 21 every person has the right to freedom of peaceful assembly. every person has the right to freedom of association with others, including the right to form and to join trade unions for the protection of his interests. notwithstanding any restriction under paragraph 3 of this article, no person shall be compelled to join any association or to continue to be a member thereof. no restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are absolutely necessary only in the interests of the security of the republic or the constitutional order or the public safety or the public order or the public health or the public morals or for the protection of the rights and liberties guaranteed by this constitution to any person, whether or not such person participates in such assembly or is a member of such association. any association the object or activities of which are contrary to the constitutional order is prohibited. a law may provide for the imposition of restrictions on the exercise of these rights by members of the armed forces, the police or gendarmerie. subject to the provisions of any law regulating the establishment or incorporation, membership (including rights and obligations of members), management and administration, and winding up and dissolution, the provisions of this article shall also apply to the formation of companies, societies and other associations functioning for profit. article 22 any person reaching nubile age is free to marry and to found a family according to the law relating to marriage, applicable to such person under the provisions of this constitution. the provisions of paragraph 1 of this article shall, in the following cases, be applied as follows:if the law relating to marriage applicable to the parties as provided under article 111 is not the same, the parties may elect to have their marriage governed by the law applicable to either of them under such article; if the provisions of article 111 are not applicable to any of the parties to the marriage and neither of such parties is a member of the turkish community, the marriage shall be governed by a law of the republic which the house of representatives shall make and which shall not contain any restrictions other than those relating to age, health, proximity of relationship and prohibition of polygamy; if the provisions of article 111 are applicable only to one of the parties to the marriage and the other party is not a member of the turkish community, the marriage shall be governed by the law of the republic as in sub-paragraph (b) of this paragraph provided: provided that the parties may elect to have their marriage governed by the law applicable, under article 111, to one of such parties in so far as such law allows such marriage. nothing in this article contained shall, in any way, affect the rights, other than those on marriage, of the greek-orthodox church or of any religious group to which the provisions of paragraph 3 of article 2 shall apply with regard to their respective members as provided in this constitution. article 23 every person, alone or jointly with others, has the right to acquire own, possess, enjoy or dispose of any movable or immovable property and has the right to respect for such right. the right of the republic to underground water, minerals and antiquities is reserved. no deprivation or restriction or limitation of any such right shall be made except as provided in this article. restrictions or limitations which are absolutely necessary in the interest of the public safety or the public health or the public morals or the town and country planning or the development and utilisation of any property to the promotion of the public benefit or for the protection of the rights of others may be imposed by law on the exercise of such right. just compensation shall be promptly paid for any such restrictions or limitations which materially decrease the economic value of such property: such compensation to be determined in case of disagreement by a civil court. any movable or immovable property or any right over or interest in any such property may be compulsorily acquired by the republic or by a municipal corporation or by a communal chamber for the educational. religious, charitable or sporting institutions, bodies or establishments within its competence and only from the persons belonging to its respective community or by a public corporation or a public utility body on which such right has been conferred by law, and only for a purpose which is to the public benefit and shall be specially provided by a general law for compulsory acquisition which shall be enacted within a year from the date of the coming into operation of this constitution; and when such purpose is established by a decision of the acquiring authority and made under the provisions of such law stating clearly the reasons for such acquisition; and upon the payment in cash and in advance of a just and equitable compensation to be determined in case of disagreement by a civil court. any immovable property or any right over or interest in any such property compulsorily acquired shall only be used for the purpose for which it has been acquired. if within three years of the acquisition such purpose (has not been attained, the acquiring authority shall, immediately after the expiration of the said period of three years, offer the property at the price it has been acquired to the person from whom it has been acquired. such person shall be entitled within three months of the receipt of such offer to signify his acceptance or non-acceptance of the offer, and if he signifies acceptance, such property shall be returned to him immediately after his returning such price within a further period of three months from such acceptance. in the event of agricultural reform, lands shall be distributed only to persons belonging to the same community as the owner from whom such land has been compulsorily acquired. nothing in paragraphs 3 and 4 of this article contained shall affect the provisions of any law made for the purpose of levying execution in respect of any tax or penalty, executing any judgment, enforcing any contractual obligation or for the prevention of danger to life or property. any movable or immovable property may be requisitioned by the republic or by a communal chamber for the purposes of the educational, religious, charitable or sporting institutions, bodies or establishments within its competence and only where the owner and the person entitled to possession of such property belong to the respective community, and onlyfor a purpose which is to the public benefit and shall be specially provided by a general law for requisitioning which shall be enacted within a year from the date of the coming into operation of this constitution; and when such purpose is established by a decision of the requisitioning authority and made under the provisions of such law stating clearly the reasons for such requisitioning; and for a period not exceeding three years; and upon the prompt payment in cash of a just and equitable compensation to be determined in case of disagreement by a civil court. notwithstanding anything contained in this article no deprivation, restriction or limitation of the right provided in paragraph i of this article 1n respect of any movable or immovable property belonging to any see, monastery, church or any other ecclesiastical corporation or any right over it or interest therein shall be made except with the written consent of the appropriate ecclesiastical authority being in control of such property and the provisions of paragraphs 3, 4, 7 and 8 of this article shall be subject to the provisions of this paragraph: provided that restrictions or limitations for the purposes of town and country planning under the provisions of paragraph 3 of this article are exempted from the provisions of this paragraph. notwithstanding anything contained in this article, no deprivation, restriction or limitation of any right provided in paragraph 1 of this article 1n respect of any vakf movable or immovable property, including the objects and subjects of the vakfs and the properties belonging to the mosques or to any other moslem religious institutions, or any right thereon or interest therein shall be made except with the approval of the turkish communal chamber and subject to the laws and principles of vakfs and the provisions of paragraphs 3, 4, 7 and 8 of this article shall be subject to the provisions of this paragraph: provided that restrictions or limitations for the purposes of town and country planning under the provisions of paragraph 3 of this article are exempted from the provisions of this paragraph. any interested person shall have the right of recourse to the court in respect of or under any of the provisions of this article, and such recourse shall act as a stay of proceedings for the compulsory acquisition; and in case of any restriction or limitation imposed under paragraph 3 of this article, the court shall have power to order stay of any proceedings in respect thereof. any decision of the court under this paragraph shall be subject to appeal. article 24 every person is bound to contribute according to his means towards the public burdens. no such contribution by way of tax, duty or rate of any kind whatsoever shall be imposed save by or under the authority of a law. no tax, duty or rate of any kind whatsoever shall be imposed with retrospective effect: provided that any import duty may be imposed as from the date of the introduction of the relevant bill. no tax, duty or rate of any kind whatsoever other than customs duties shall be of a destructive or prohibitive nature. article 25 every person has the right to practise any profession or to carry on any occupation, trade or business. the exercise of this right may be subject to such formalities, conditions or restrictions as are prescribed by law and relate exclusively to the qualifications usually required for the exercise of any profession or are necessary only in the interests of the security of the republic or the constitutional order or the public safety or the public order or the public health or the public morals or for the protection of the rights and liberties guaranteed by this constitution to any person or in the public interest: provided that no such formalities, conditions or restrictions purporting to be in the public interest shall be prescribed by a law if such formality, condition or restriction is contrary to the interests of either community. as an exception to the aforesaid provisions of this article a law may provide. if it is in the public interest, that certain enterprises of the nature of an essential public service or relating to the exploitation of sources of energy or other natural resources shall be carried out exclusively by the republic or a municipal corporation or by a public corporate body created for the purpose by such law and administered under the control of the republic, and having a capital which may be derived from public and private funds or from either such source only: provided that, where such enterprise has been carried out by any person, other than a municipal corporation or a public corporate body, the installations used for such enterprise shall, at the request of such person, be acquired, on payment of a just price, by the republic or such municipal corporation or such public corporate body, as the case may be. article 26 every person has the right to enter freely into any contract subject to such conditions, limitations or restrictions as are laid down by the general principles of the law of contract. a law shall provide for the prevention of exploitation by persons who are commanding economic power. a law may provide for collective labour contracts of obligatory fulfilment by employers and workers with adequate protection of the rights of any person, whether or not represented at the conclusion of such contract. article 27 the right to strike is recognised and its exercise may be regulated by law for the purposes only of safeguarding the security of the republic or the constitutional order or the public order or the public safety or the maintenance of supplies and services essential to the life of the inhabitants or the protection of the rights and liberties guaranteed by this constitution to any person. the members of the armed forces, of the police and of the gendarmerie shall not have the right to strike. a law may extend such prohibition to the members of the public service. article 28 all persons are equal before the law, the administration and justice and are entitled to equal protection thereof and treatment thereby. every person shall enjoy all the rights and liberties provided for in this constitution without any direct or indirect discrimination against any person on the ground of his community, race, religion, language, sex, political or other convictions, national or social descent, birth, colour, wealth, social class, or on any ground whatsoever, unless there is express provision to the contrary in this constitution. no citizen shall be entitled to use or enjoy any privilege of any title of nobility or of social distinction within the territorial limits of the republic. no title or nobility or other social distinction shall be conferred by or recognised in the republic. article 29 every person has the right individually or jointly with others to address written requests or complaints to any competent public authority and to have them attended to and decided expeditiously; an immediate notice of any such decision taken duly reasoned shall be given to the person making the request or complaint and in any event within a period not exceeding thirty days. where any interested person is aggrieved by any such decision or where no such decision is notified to such person within the period specified in paragraph 1 of this article, such person may have recourse to a competent court in the matter of such request or complaint. article 30 no person shall be denied access to the court assigned to him by or under this constitution. the establishment of judicial committees or exceptional courts under any name whatsoever is prohibited. in the determination of his civil rights and obligations or of any criminal charge against him, every person is entitled to a fair and public hearing within a reasonable time by an independent, impartial and competent court established by law. judgment shall be reasoned and pronounced in public session, but the press and the public may be excluded from all or any part of the trial upon a decision of the court where it is in the interest of the security of the republic or the constitutional order or the public order or the public safety or the public morals or where the interests of juveniles or the protection of the private life of the parties so require or, in special circumstances where, in the opinion of the court, publicity would prejudice the interests of justice. every person has the rightto be informed of the reasons why he is required to appear before the court; to present his case before the court and to have sufficient time necessary for its preparation; to adduce or cause to be adduced his evidence and to examine witnesses according to law; to have a lawyer of his own choice and to have free legal assistance where the interests of justice so require and as provided by law; to have free assistance of an interpreter if he cannot understand or speak the language used in court. article 31 every citizen has, subject to the provisions of this constitution and any electoral law of the republic or of the relevant communal chamber made thereunder, the right to vote in any election held under this constitution or any such law. article 32 nothing in this part contained shall preclude the republic from regulating by law any matter relating to aliens in accordance with international law. article 33 subject to the provisions of this constitution relating to a state of emergency, the fundamental rights and liberties guaranteed by this part shall not be subjected to any other limitations or restrictions than those in this part provided. the provisions of this part relating to such limitations or restrictions shall be interpreted strictly and shall not be applied for any purpose other than those for which they have been prescribed. article 34 nothing in this part may be interpreted as implying for any community, group or person any right to engage in any activity or perform any act aimed at the undermining or destruction of the constitutional order established by this constitution or at the destruction of any of the rights and liberties set forth in this part or at their limitation to a greater extent than is provided for therein. article 35 the legislative, executive and judicial authorities of the republic shall be bound to secure, within the limits of their respective competence, the efficient application of the provisions of this part. part iii. the president of the republic, the vice-president of the republic and the council of ministers article 36 the president of the republic is the head of the state and takes precedence over all persons in the republic. the vice-president of the republic is the vice-head of the state and takes precedence over all persons in the republic next after the president of the republic. deputising for or replacing the president of the republic in case of his temporary absence or temporary incapacity to perform his duties is made as provided in paragraph 2 of this article. in the event of a temporary absence or a temporary incapacity to perform the duties of the president or of the vice-president of the republic, the president or the vice-president of the house of representatives and, in case of his absence or pending the filling of a vacancy in any such office, the representative acting for him under article 72 shall act for the president or the vice-president of the republic respectively during such temporary absence or temporary incapacity. article 37 the president of the republic as head of the staterepresents the republic in all its official functions; signs the credentials of diplomatic envoys appointed under article 54 and receives the credentials of foreign diplomatic envoys who shall be accredited to him; signs the credentials of delegates appointed under article 54 for the negotiation of international treaties, conventions or other agreements, or for signing any such treaties, conventions or agreements already negotiated, in accordance with, and subject to, the provisions of this constitution; the letter relating to the transmission of the instruments of ratification of any international treaties, conventions or agreements approved as provided in this constitution; confers the honours of the republic. article 38 the vice-president of the republic as vice-head of the state has the right to be present in all official functions; be present at the presentation of the credentials of the foreign diplomatic envoys; recommend to the president of the republic the conferment of honours of the republic on members of the turkish community which recommendation the president shall accept unless there are grave reasons to the contrary. the honours so conferred will be presented to the recipient by the vice-president if he so desires. for the purposes of sub-paragraphs (a) and (b) of paragraph i of this article, the necessary information shall be given to the vice-president of the republic in writing in sufficient time before any such event. article 39 the election of the president and the vice-president of the republic shall be direct, by universal suffrage and secret ballot, and shall, except in the case of a by-election, take place on the same day but separately: provided that in either case if there is only one candidate for election that candidate shall be declared as elected. the candidate who receives more than fifty per centum of the votes validly cast shall be elected. if none of the candidates attains the required majority the election shall be repeated on the corresponding day of the week next following between the two candidates who received the greater number of the votes validly cast and the candidate who receives at such repeated election the greatest number of the votes validly cast shall be deemed to be elected. if the election cannot take place on the date fixed under this constitution owing to extraordinary and unforeseen circumstances such as earthquake, floods, general epidemic and the like, then such election shall take place on the corresponding day of the week next following. article 40 a person shall be qualified to be a candidate for election as president or vice-president of the republic if at the time of election such personis a citizen of the republic; has attained the age of thirty-five years; has not been, on or after the date of the coming into operation of this constitution, convicted of an offence involving dishonesty or moral turpitude or is not under any disqualification imposed by a competent court for any electoral offence; is not suffering from a mental disease incapacitating such person from acting as president or vice-president of the republic. article 41 the office of the president and of the vice-president of the republic shall be incompatible with that of a minister or of a representative or of a member of a communal chamber or of a member of any municipal council including a mayor or of a member of the armed or security forces of the republic or with a public or municipal office. for the purposes of this article "public office" means any office of profit in the public service of the republic or of a communal chamber, the emoluments of which are under the control either of the republic or of a communal chamber, and includes any office in any public corporation or public utility body. the president and the vice-president of the republic shall not, during their term of office, engage either directly or indirectly, either for their own account or for the account of any other person, in the exercise of any profit or non-profit making business or profession. article 42 the president and the vice-president of the republic are invested by the house of representatives before which they make the following affirmation:"i do solemnly affirm faith to, and respect for, the constitution and the laws made thereunder, the preservation of the independence and the territorial integrity, of the republic of cyprus." for this purpose the house of representatives shall meet on the date the five years' period of office of the outgoing president and the outgoing vice-president of the republic expires, and in the case of a by-election under paragraph 4 of article 44 on the third day from the date of such by-election. article 43 the president and the vice-president of the republic shall hold office for a period of five years commencing on the date of their investiture and shall continue to hold such office until the next elected president and vice-president of the republic are invested. the president or the vice-president of the republic elected at a by-election under paragraph 4 of article 44 shall hold office for the unexpired period of office of the president or the vice-president of the republic, as the case may be, whose vacancy he has been elected to fill. the election of a new president and vice-president of the republic shall take place before the expiration of the five years' period of office of the outgoing president and the outgoing vice-president of the republic so as to enable the newly-elected president and vice-president of the republic to be invested on the date such period expires. article 44 the office of the president or the vice-president of the republic shall become vacantupon his death; upon his written resignation addressed to the house of representatives through, and received by, its president or vice-president respectively; upon his conviction of high treason or any other offence involving dishonesty or moral turpitude; upon such permanent physical or mental incapacity or such absence, other than temporary, as would prevent him to perform effectively his duties. in the event of a vacancy in the office of the president or the vice-president of the republic, the president or the vice-president of the house of representatives respectively shall act, during such vacancy, as president or vice-president of the republic, respectively. the supreme constitutional court shall decide on any question arising out of sub-paragraph (d) of paragraph i of this article on a motion by the attorney-general and the deputy attorney-general of the republic upon a resolution of the representatives belonging to the same community as the president or the vice-president of the republic respectively, carried by a simple majority: provided that no such resolution shall be taken and no item shall be entered on the agenda or debated in the house of representatives in connexion therewith unless the proposal for such resolution is signed by at least one fifth of the total number of such representatives. in the event of a vacancy in the office of either the president or the vice-president of the republic, the vacancy shall be filled by a by-election which shall take place within a period not exceeding forty-five days of the occurrence of such vacancy. article 45 the president or the vice-president of the republic shall not be liable to any criminal prosecution during his term of office except under the provisions of this article. the president or the vice-president of the republic may be prosecuted for high treason on a charge preferred by the attorney-general and the deputy attorney-general of the republic before the high court upon a resolution of the house of representatives carried by a secret ballot and a majority of three fourths of the total number of representatives: provided that no such resolution shall be taken and no item shall be entered on the agenda or debated in the house of representatives in connexion therewith unless the proposal for such resolution is signed by at least one-fifth of the total number of representatives. the president or the vice-president of the republic may be prosecuted for an offence involving dishonesty or moral turpitude upon a charge preferred by the attorney-general and the deputy attorney-general of the republic before the high court with the leave of the president of the high court. 4 the president or the vice-president of the republic upon being prosecuted under paragraph 2 or 3 of this article shall be suspended from the performance of any of the functions of his office and thereupon the provisions of paragraph 2 of article 36 shall apply. the president or the vice-president of the republic on any such prosecution shall be tried by the high court; on his conviction his office shall become vacant and on his acquittal he shall resume the performance of the functions of his office. subject to paragraphs 2 and 3 of this article the president or the vice-president of the republic shall not be liable to prosecution for any offence committed by him in the execution of his functions but he may be prosecuted for any other offence committed during his term of office after he ceases to hold office. no action shall be brought against the president or the vice-president of the republic in respect of any act or omission committed by him in the exercise of any of the functions of his office: provided that nothing in this paragraph contained shall be construed as in any way depriving any person of the right to sue the republic as provided by law. article 46 the executive power is ensured by the president and the vice-president of the republic. the president and the vice-president of the republic in order to ensure the executive power shall have a council of ministers composed of seven greek ministers and three turkish ministers. the ministers shall be designated respectively by the president and the vice-president of the republic who shall appoint them by an instrument signed by them both. the ministers may be chosen from outside the house of representatives. one of the following ministries that is to say the ministry of foreign affairs, the ministry of defence or the ministry of finance, shall be entrusted to a turkish minister. if the president and the vice-president of the republic agree they may replace this system by a system of rotation. the council of ministers shall exercise executive power as in article 54 provided. the decisions of the council of ministers shall be taken by an absolute majority and shall, unless the right of final veto or return is exercised by the president or the vice-president of the republic or both in accordance with article 57, be promulgated immediately by them by publication in the official gazette of the republic in accordance with the provisions of article 57. article 47 the executive power exercised by the president and the vice-president of the republic conjointly consists of the following matters that is to say: determining the design and colour of the flag of the republic as in article 4 provided; creation or establishment of the honours of the republic; appointment by an instrument signed by them both of the members of the council of ministers as in article 46 provided; promulgation by publication in the official gazette of the republic of the decisions of the council of ministers as in article 57 provided; promulgation by publication in the official gazette of the republic of any law or decision passed by the house of representatives as in article 52 provided; appointments in articles 112, 115, 118, 124, 126, 131, 133, 153 and 184 provided and of appointments made under article 13 1; institution of compulsory military service as in article 129 provided; reduction or increase of the security forces as in article 130 provided; exercise of the prerogative of mercy in capital cases where the injured party and the convicted person are members of different communities as in article 53 provided; remission, suspension and commutation of sentences as in article 53 provided; right of reference to the supreme constitutional court as in article 140 provided; publication in the official gazette of the republic of decisions of the supreme constitutional court as in articles 137, 138, 139 and 143 provided; replacement by a system of rotation of the system of appointment of a turkish minister to one of the three ministries of foreign affairs or of defence or of finance as in article 46 provided; exercise of any of the powers specified in paragraphs (d), (e), (f) and (g) of articles 48 and 49 and in articles 50 and 51 which the president or the vice-president of the republic respectively can exercise separately; address of messages to the house of representatives as in article 79 provided. article 48 the executive power exercised by the president of the republic consists of the following matters, that is to say: designation and termination of appointment of greek ministers; convening the meetings of the council of ministers as in article 55 provided, presiding at such meetings and taking part in the discussions thereat without any right to vote; preparing the agenda of such meetings as in article 56 provided; right of final veto on decisions of the council of ministers concerning foreign affairs, defence or security as in article 57 provided; right of return of decisions of the council of ministers as in article 57 provided; right of final veto on laws or decisions of the house of representatives concerning foreign affairs, defence or security as in article 50 provided; right of return of laws or decisions of the house of representatives or of the budget as in article 51 provided; right of recourse to the supreme constitutional court as in articles 137, 138 and 143 provided; right of reference to the supreme constitutional court as in article 141 provided; publication of the communal laws and decisions of the greek communal chamber as in article 104 provided; right of reference to the supreme constitutional court of any law or decision of the greek communal chamber as in article 142 provided; right of recourse to the supreme constitutional court in connection with any matter relating to any conflict or contest of power or competence arising between the house of representatives and the communal chambers or any of them and between any organs of, or authorities in, the republic as in article 139 provided; the prerogative of mercy in capital cases as in article 53 provided; the exercise of any of the powers specified in article 47 conjointly with the vice-president of the republic; addressing messages to the house of representatives as in article 79 provided. article 49 the executive power exercised by the vice-president of the republic consists of the following matters, that is to say: designation and termination of appointment of turkish ministers; asking the president of the republic for the convening of the council of ministers as in article 55 provided and being present and taking part in the discussions at all meetings of the council of ministers without any right to vote; proposing to the president of the republic subjects for inclusion in the agenda as in article 56 provided; right of final veto on decisions of the council of ministers concerning foreign affairs, defence or security as in article 57 provided; right of return of decisions of the council of ministers as in article 57 provided; right of final veto on laws or decisions of the house of representatives concerning foreign affairs, defence or security as in article 50 provided; right of return of laws or decisions of the house of representatives or of the budget as in article 51 provided; right of recourse to the supreme constitutional court as in articles 137, 138 and 143 provided; right of reference to the supreme constitutional court as in article 141 provided; publication of the communal laws and decisions of the turkish communal chamber as in article 104 provided; right of reference to the supreme constitutional court of any law or decision of the turkish communal chamber as in article 142 provided; right of recourse to the supreme constitutional court in connection with any matter relating to any conflict or contest of power or competence arising between the house of representatives and the communal chambers or any of them and between any organs of, or authorities in, the republic as in article 139 provided; the prerogative of mercy in capital cases as in article 53 provided; the exercise of any of the powers specified in article 47 conjointly with the president of the republic; addressing messages to the house of representatives as in article 79 provided. article 50 the president and the vice-president of the republic, separately or conjointly, shall have the right of final veto on any law or decision of the house of representatives or any part thereof concerning foreign affairs, except the participation of the republic in international organisations and pacts of alliance in which the kingdom of greece and the republic of turkey both participate. for the purposes of this sub-paragraph "foreign affairs" includesthe recognition of states, the establishment of diplomatic and consular relations with other countries and the interruption of such relations. the grant of acceptance to diplomatic representatives and of exequatur to consular representatives. the assignment of diplomatic representatives and of consular representatives, already in the diplomatic service, to posts abroad and the entrusting of functions abroad to special envoys already in the diplomatic service. the appointment and the assignment of persons, who are not already in the diplomatic service, to any posts abroad as diplomatic or consular representatives and the entrusting of functions abroad to persons, who are not already in the diplomatic service, as special envoys; the conclusion of international treaties, conventions and agreements; the declaration of war and the conclusion of peace; the protection abroad of the citizens of the republic and of their interests; the establishment, the status and the interests of aliens in the republic; the acquisition of foreign nationality by citizens of the republic and their acceptance of employment by, or their entering the service of, a foreign government; the following questions of defence: composition and size of the armed forces and credits for them; (nominations des cadres) and their promotions; importation of war materials and also explosives of all kinds; cession of bases and other facilities to allied countries; the following questions of security: (nominations des cadres) and their promotions; distribution and stationing of forces; emergency measures and martial law; police laws. it is specified that the right of veto under sub-paragraph (c) above shall cover all emergency measures or decisions, but not those which concern the normal functioning of the police and the gendarmerie. the above right of veto may be exercised either against the whole of a law or decision or against any part thereof, and in the latter case such law or decision shall be returned to the house of representatives for a decision whether the remaining part thereof will be submitted, under the relevant provisions of this constitution, for promulgation. the right of veto under this article shall be exercised within the period for the promulgation of laws or decisions of the house of representatives as in article 52 provided. article 51 the president and the vice-president of the republic shall have the right, either separately or conjointly, to return any law or decision or any part thereof of the house of representatives to the house for reconsideration. on the adoption of the budget by the house of representatives the president and the vice-president of the republic, either separately or conjointly, may exercise his or their right to return it to the house of representatives on the ground that in his or their judgment there is a discrimination. in case a law or decision or any part thereof is returned to the house of representatives as in paragraph 1 of this article provided, the house of representatives shall pronounce on the matter so returned within fifteen days of such return and in the case of return of the budget as in paragraph 2 of this article provided the house of representatives shall pronounce on the matter so returned within thirty days of such return. if the house of representatives persists in its decision the president and the vice-president of the republic shall, subject to the provisions of this constitution, promulgate the law or decision or the budget, as the case may be, within the time limit fixed for the promulgation of laws and decisions of the house of representatives by publication of such law or decision or budget in the official gazette of the republic. whenever the president or the vice-president of the republic exercises his right to return as provided in this article he shall immediately notify the other of such return. the right of return under this article shall be exercised within the period for the promulgation of laws or decisions of the house of representatives as in article 52 provided. article 52 the president and the vice-president of the republic shall, within fifteen days of the transmission to their respective offices of any law or decision of the house of representatives, promulgate by publication in the official gazette of the republic such law or decision unless in the meantime they exercise, separately or conjointly, as the case may be, their right of veto as in article 50 provided or their right of return as in article 51 provided or their right of reference to the supreme constitutional court as in articles 140 and 141 provided or in the case of the budget their right of recourse to the supreme constitutional court as in article 138 provided. article 53 the president or the vice-president of the republic shall have the right to exercise the prerogative of mercy with regard to persons belonging to their respective community who are condemned to death. where the person injured and the offender are members of different communities such prerogative of mercy shall be exercised by agreement between the president and the vice-president of the republic; in the event of disagreement between the two the vote for clemency shall prevail. in case the prerogative of mercy is exercised under paragraph i or 2 of this article the death sentence shall be commuted to life imprisonment. the president and the vice-president of the republic shall, on the unanimous recommendation of the attorney-general and the deputy attorney-general of the republic, remit, suspend, or commute any sentence passed by a court in the republic in all other cases. article 54 subject to the executive power expressly reserved, under articles 47, 48 and 49, to the president and the vice-president of the republic, acting either separately or conjointly, the council of ministers shall exercise executive power in all other matters other than those which, under the express provisions of this constitution, are within the competence of a communal chamber, including the following: the general direction and control of the government of the republic and the direction of general policy; foreign affairs as in article 50 set out; defence and security, including questions thereof as in article 50 set out; the co-ordination and supervision of all public services; the supervision and disposition of property belonging to the republic in accordance with the provisions of this constitution and the law; consideration of bills to be introduced to the house of representatives by a minister; making of any order or regulation for the carrying into effect of any law as provided by such law; consideration of the budget of the republic to be introduced to the house of representatives. article 55 the president of the republic convenes the meetings of the council of ministers. such convening is made by the president of the republic on his own motion or on being asked by the vice-president of the republic in due time for a specific subject. article 56 the agenda of any meeting of the council of ministers is prepared by the president of the republic at his discretion and is communicated to all concerned prior to such meeting. the vice-president of the republic may propose to the president any subject for inclusion in the agenda of any meeting. the president of the republic shall include such subject in the agenda if it can conveniently be dealt with at such meeting, otherwise such subject shall be included in the agenda of the meeting next following. article 57 on a decision being taken by the council of ministers such decision shall be transmitted forthwith to the office of the president and of the vice-president of the republic respectively. the president or the vice-president of the republic or both shall have the right of return, within four days of the date when the decision has been transmitted to their respective offices, of such decision to the council of ministers for reconsideration, whereupon the council of ministers shall reconsider the matter and if they persist in such decision the president and the vice-president of the republic shall, subject to paragraph 4 of this article, promulgate by publication such decision: provided that the exercise of the right of return shall not, in cases where the right of veto exists, prevent either the president or the vice-president of the republic or both from exercising the right of veto, within four days of the transmission to their respective offices, of the decision persisted upon. if a decision relates to foreign affairs, defence or security as in article 50 set out, the president or the vice-president of the republic or both shall have a right of veto which they shall exercise within four days of the date when the decision has been transmitted to their respective offices. if the decision is enforceable and no right of veto or return has been exercised as in paragraph 2 or 3 of this article provided, such decision shall be forthwith promulgated by the president and the vice-president of the republic by publication in the official gazette of the republic unless the council of ministers otherwise states in that decision. article 58 a minister is the head of his ministry. subject to the executive power expressly reserved, under this constitution, to the president and the vice-president of the republic, acting either separately or conjointly, and to the council of ministers, the executive power exercised by each minister includes the following matters: the execution of laws relating to, and the administration of all matters and affairs usually falling within, the domain of his ministry; preparation of orders or regulations concerning his ministry for submission to the council of ministers; the issuing of directions and general instructions for the carrying out of the provisions of any law relating to his ministry and of any order or regulation under such law; the preparation for submission to the council of ministers of the part of the budget of the republic relating to his ministry. article 59 no person shall be appointed as a minister unless he is a citizen of the republic and has the qualifications required for a candidate for election as a member of the house of representatives. the office of a minister shall be incompatible with that of a representative or of a member of a communal chamber or of a member of any municipal council including a mayor or of a member of the armed or security forces of the republic or with a public or municipal office or in the case of a turkish minister with that of a religious functionary (din adami). for the purposes of this paragraph "public office" has the same meaning as in article 41. the ministers shall hold office in the case of the greek ministers until their appointment is terminated by the president of the republic and in the case of the turkish ministers until their appointment is terminated by the vice-president of the republic. any person appointed as a minister shall, before entering upon his office, make before the president and the vice-president of the republic the following affirmation:"i do solemnly affirm faith to, and respect for, the constitution and the laws made thereunder, the preservation of the independence and the territorial integrity, of the republic of cyprus." article 60 there shall be a joint secretariat of the council of ministers headed by two secretaries, one belonging to the greek community and the other belonging to the turkish community, who shall be public officers. the two secretaries of the joint secretariat of the council of ministers shall have charge of the council of ministers' office and shall, in accordance with any instructions as may be given to them by the council of ministers, attend its meetings and keep the minutes thereof and convey the decision of the council of ministers to the appropriate organ or authority or person. part iv. the house of representatives article 61 the legislative power of the republic shall be exercised by the house of representatives in all matters except those expressly reserved to the communal chambers under this constitution. article 62 the number of representatives shall be fifty: provided that such number may be altered by a resolution of the house of representatives carried by a majority comprising two-thirds of the representatives elected by the greek community and two-thirds of the representatives elected by the turkish community. out of the number of representatives provided in paragraph i of this article seventy per centum shall be elected by the greek community and thirty per centum by the turkish community separately from amongst their members respectively, and in the case of a contested election, by universal suffrage and by direct and secret ballot held on the same day. the proportion of representatives stated in this paragraph shall be independent of any statistical data. article 63 subject to paragraph 2 of this article every citizen of the republic who has attained the age of eighteen years and has such residential qualifications as may be prescribed by the electoral law shall have the right to be registered as an elector in either the greek or the turkish electoral list: provided that the members of the greek community shall only be registered in the greek electoral list and the members of the turkish community shall only be registered in the turkish electoral list. no person shall be qualified to be registered as an elector who is disqualified for such registration by virtue of the electoral law. article 64 a person shall be qualified to be a candidate for election as a representative if at the time of the election that person is a citizen of the republic; has attained the age of twenty-five years; has not been, on or after the date of the coming into operation of this constitution, convicted of an offence involving dishonesty or moral turpitude or is not under any disqualification imposed by a competent court for any electoral offence; is not suffering from a mental disease incapacitating such person from acting as a representative. article 65 the term of office of the house of representatives shall be for a period of five years. the term of office of the first house of representatives shall commence on the date of the coming into operation of this constitution. the outgoing house shall continue in office until the newly-elected house assumes office under paragraph i of this article. article 66 a general election for the house of representatives shall be held on the second sunday of the month immediately preceding the month in which the term of office of the outgoing house expires. when a vacancy occurs in the seat of a representative such vacancy shall be filled within a period not exceeding forty-five days of its occurrence, in such manner as a law may provide. if an election under paragraph i or 2 of this article cannot take place on the date fixed by or under this constitution owing to extraordinary and unforeseen circumstances such as earthquake, floods, general epidemic and the like, then such election shall take place on the corresponding day of the week next following. article 67 the house of representatives may dissolve itself only by its own decision carried by an absolute majority including at least one third of the representatives elected by the turkish community. any such decision shall, notwithstanding anything contained in paragraph 1 of article 65 and paragraph 1 of article 66, provide for the date of the holding of the general election, which shall not be less than thirty days and not more than forty days from the date of such decision, and also for the date of the first meeting of the newly elected house which shall not be later than fifteen days after such general election and until such date the outgoing house shall continue to be in office. notwithstanding anything in paragraph 1 of article 65 contained, the term of office of the house of representatives to be elected after dissolution shall be for the unexpired period of the term of office of the dissolved house. in case of dissolution within the last year of the five years' term of office, a general election for the house of representatives shall take place both for the unexpired part of the term of office of the dissolved house, during which any session of the newly elected house shall be considered to be an extraordinary session, and for the subsequent five years' term of office. article 68 whenever a house of representatives continues to be in office until the assumption of office by a newly elected house under either paragraph 2 of article 65 or paragraph 2 of article 67, such house shall not have power to make any laws or to take any decisions on any matter except only in case of urgent and exceptional unforeseen circumstances to be specifically stated in the relevant law or decision. article 69 a representative before assuming duties as such in the house of representatives and at a public meeting thereof shall make the following affirmation: "i do solemnly affirm faith to, and respect for, the constitution and the laws made thereunder, the preservation of the independence and the territorial integrity, of the republic of cyprus". article 70 the office of a representative shall be incompatible with that of a minister or of a member of a communal chamber or of a member of any municipal council including a mayor or of a member of the armed or security forces of the republic or with a public or municipal office or, in the case of a representative elected by the turkish community, of a religious functionary (din adami). for the purposes of this article "public office" means any office of profit in the service of the republic or of a communal chamber the emoluments of which are under the control either of the republic or of a communal chamber, and includes any office in any public corporation or public utility body. article 71 the seat of a representative shall become vacantupon his death; upon his written resignation; upon the occurrence of any of the circumstances referred to in paragraph (c) or (d) of article 64 or if he ceases to be a citizen of the republic; upon his becoming the holder of an office mentioned in article 70. article 72 the president of the house of representatives shall be a greek, and shall be elected by the representatives elected by the greek community, and the vice-president shall be a turk and shall be elected by the representatives elected by the turkish community. each shall be elected separately as above at the same meeting at the beginning and for the whole period of the term of office of the house of representatives. in case of any vacancy in either of the offices provided in paragraph 1 of this article, an election as provided in such paragraph shall take place with all due speed and at an extraordinary session if necessary in order to fill such vacancy. in case of temporary absence or pending the filling of a vacancy as provided in paragraph 2 of this article 1n either of the offices of the president or the vice-president of the house, their functions shall be performed by the eldest representative of the respective community unless the representatives of such community should otherwise decide. in addition to the president and the vice-president of the house there shall be appointed from amongst the representatives and by the president and the vice-president of the house respectively two greek and one turkish clerks of the house and two greek and one turkish administrative clerks of the house who shall be attached respectively to the office of the president and the vice-president of the house. article 73 subject to the ensuing provisions of this article, the house of representatives by its standing orders regulates any matter of parliamentary procedure and of functions of its offices. there shall be a committee to be known as the committee of selection consisting of the president of the house as chairman, the vice-president of the house as vice-chairman and eight other members elected by the house of representatives at its meeting after the election of the president and the vice-president of the house, six from amongst the representatives elected by the greek community and two from amongst the representatives elected by the turkish community. the committee of selection shall set up the standing committees and any other temporary, ad hoc or special committee of the house of representatives and shall appoint representatives to be members thereof and in so doing due regard should be had to the proposals made by the greek and the turkish communal groups or political party groups in the house for such setting up and appointments. the appointments to such committees shall be subject to the provisions of the paragraph next following. the greek and the turkish communal groups and political party groups in the house of representatives shall be adequately represented on each of the standing, and of any other temporary, ad hoc or special, committee of the house: provided that the total number of the seats on such committees distributed respectively to the representatives elected by the greek and the turkish communities shall be in the same proportion as that in which the seats in the house are distributed to the representatives elected by the greek and the turkish communities respectively. every bill on being introduced in the house of representatives shall be referred for debate in the first instance before the appropriate committee. with the exception of those which are considered to be of an urgent nature, no bill shall be debated by a committee before the lapse of forty-eight hours after its being distributed to the representatives constituting such a committee. with the exception of those which are considered to be of an urgent nature, no bill which has passed the committee stage shall be debated in the house of representatives before the lapse of forty-eight hours after it has been distributed to the representatives together with the report of the committee. the agenda of the meetings of the house of representatives, which shall include any additional subject proposed by the vice-president of the house, shall be drawn up and presented to the house of representatives by the president of the house. after the presentation of the agenda to the house of representatives, any representative may move any addition or amendment to such agenda, and such motion shall be decided upon by the house of representatives. no representative can speak at any meeting of the house of representatives unless he registers his name in the proper register or unless he obtains the permission of the person presiding at such meeting. every representative who has complied with such formality is entitled to be given reasonably sufficient time, having regard to the particular subject, to speak and to be heard at the relevant meeting. the speeches shall be made in order of the registration or of oral request, as the case may be, of those who desire to speak: provided that where there are opposite views held, a speaker shall, as far as practicable, follow another one who supports the opposite view. but representatives speaking on behalf of the committees or of the political party groups of the house of representatives shall not be subject to such order of precedence. representatives desiring to speak in connexion with motions with regard to any matter relating to the agenda, the application of the standing orders or the closure of the debate shall be given precedence in time over the representatives desiring to speak in connexion with the subject of the debate. and in such a case two representatives, one in favour and one against the motion, shall be allowed fifteen minutes each for their respective speeches. all speeches in the house of representatives shall be made from the rostrum of the house and addressed to the house of representatives. all speeches and other proceedings in the house and at all the committee meetings shall, simultaneously as they are being made or taking place, be translated from the official language in which they are being made or taking place into the other official language. save as otherwise provided in the standing orders, interruptions of the speech of a representative or personal attacks against any representative unconnected with the subject under debate, both in the house and at the committee meetings, are prohibited. the votes in the house of representatives shall be jointly counted and recorded by one greek and the turkish clerk of the house. the minutes of the debates in the house of representatives shall comprise all proceedings fully. the minutes of the proceedings of the committees shall be kept in a summary form. upon objection to the minutes of a meeting of the house of representatives through the oral submission of a representative at the first following meeting or by a written objection sent to the president of the relevant meeting, the house of representatives may decide to correct such minutes accordingly. any political party which is represented at least by twelve per centum of the total number of the representatives in the house of representatives can form and shall be entitled to be recognised as a political party group. article 74 the house of representatives shall meet on the fifteenth day next following a general election and thereafter in each year on the corresponding day in such year without summons for its ordinary session. the ordinary session of the house of representatives shall last for a period of three to six months in each year, as the house of representatives may determine. the house of representatives shall be summoned to an extraordinary session by the president or the vice-president of the house on the request of ten representatives addressed to both the president and the vice-president of the house. article 75 the meetings of the house of representatives shall be open to the public and the minutes of its debates shall be published. the house of representatives may, if it thinks necessary, hold secret sessions on a resolution carried by a three-quarters majority vote of the total number of representatives. article 76 the president of the house shall declare the commencement and the end of every meeting. the president of the house in declaring the end of a meeting shall at the same time announce the date and time fixed, with the consent of the house of representatives, of the meeting next following and shall present to the house of representatives the agenda of such meeting and thereupon the provisions of paragraph 6 of article 73 shall apply. any agenda shall be printed and distributed to the representatives at least twenty-four hours prior to the meeting, but if such agenda relates to the topic already under debate such distribution may be made at any time prior to the meeting. article 77 the quorum of the house of representatives shall consist of at least one-third of the total number of its members. the debate relating to any particular topic shall be adjourned once for twenty-four hours at the request of the majority of the representatives of either community who are present at a meeting. article 78 the laws and the decisions of the house of representatives shall be passed by a simple majority vote of the representatives present and voting. any modification of the electoral law and the adoption of any law relating to the municipalities and of any law imposing duties or taxes shall require a separate simple majority of the representatives elected by the greek and the turkish communities respectively taking part in the vote. article 79 the president or the vice-president of the republic may address the house of representatives by message, or transmit to the house of representatives their views through the ministers. the ministers may follow the proceedings of the house of representatives or any committee thereof, and make a statement to, or inform, the house of representatives or any committee thereof, on any subject within their competence. article 80 the right to introduce bills belongs to the representatives and to the ministers. no bill relating to an increase in budgetary expenditure can be introduced by any representative. article 81 the budget is introduced to the house of representatives at least three months before the day fixed by law for the commencement of the financial year and is voted by it not later than the day so fixed. within three months from the end of the financial year the final accounts shall be submitted to the house of representatives for approval. article 82 a law or decision of the house of representatives shall come into operation on its publication in the official gazette of the republic unless another date is provided by such law or decision. article 83 representatives shall not be liable to civil or criminal proceedings in respect of any statement made or vote given by them in the house of representatives. a representative cannot, without the leave of the high court, be prosecuted, arrested or imprisoned so long as he continues to be a representative. such leave is not required in the case of an offence punishable with death or imprisonment for five years or more in case the offender is taken in the act. in such a case the high court being notified forthwith by the competent authority decides whether it should grant or refuse leave for the continuation of the prosecution or detention so long as he continues to be a representative. if the high court refuses to grant leave for the prosecution of a representative, the period during which the representative cannot thus be prosecuted shall not be reckoned for the purposes of any period of prescription for the offence in question. if the high court refuses to grant leave for the enforcement of a sentence of imprisonment imposed on a representative by a competent court, the enforcement of such sentence shall be postponed until he ceases to be a representative. article 84 representatives receive from the public revenue remuneration defined by law. any increase of such remuneration shall not become operative during the term of office of the house of representatives in which such increase has been made. article 85 any question with regard to the qualifications of candidates for election and election petitions shall be finally adjudicated by the supreme constitutional court. part v. the communal chambers article 86 the greek and the turkish communities respectively shall elect from amongst their own members a communal chamber which shall have the competence expressly reserved for it under the provisions of this constitution. article 87 the communal chambers shall, in relation to their respective community, have competence to exercise within the limits of this constitution and subject to paragraph 3 of this article, legislative power solely with regard to the following matters:all religious matters; all educational, cultural and teaching matters; personal status; the composition and instances of courts dealing with civil disputes relating to personal status and to religious matters; in matters where the interests and institutions are of purely communal nature such as charitable and sporting foundations, bodies and associations created for the purpose of promoting the well-being of their respective community; imposition of personal taxes and fees on members of their respective community in order to provide for their respective needs and for the needs of bodies and institutions under their control as in article 88 provided; in matters where subsidiary legislation in the form of regulations or bye-laws within the framework of the laws relating to municipalities will be necessary to enable a communal chamber to promote the aims pursued by municipalities composed solely of members of its respective community; in matters relating to the exercise of the authority of control of producers' and consumers' co-operatives and credit establishments and of supervision in their functions of municipalities consisting solely of their respective community, vested in them by this constitution: provided thatany communal law, regulation, bye-law or decision made or taken by a communal chamber under this sub-paragraph (h) shall not directly or indirectly be contrary to or inconsistent with any law by which producers' and consumers' co-operatives and credit establishments are governed or to which the municipalities are subject; nothing in paragraph (i) of this proviso contained shall be construed as enabling the house of representatives to legislate on any matter relating to the exercise of the authority vested in a communal chamber under this subparagraph (h), in such other matters as are expressly provided by this constitution. nothing in sub-paragraph (f) of paragraph i of this article contained shall be construed as in any way curtailing the power of the house of representatives to impose, in accordance with the provisions of this constitution, any personal taxes. any law or decision of a communal chamber made or taken in exercise of the power vested in it under paragraph i of this article shall not in any way contain anything contrary to the interests of the security of the republic or the constitutional order or the public safety or the public order or the public health or the public morals or which is against the fundamental rights and liberties guaranteed by this constitution to any person. article 88 the power of imposing taxes under sub-paragraph (f) of paragraph 1 of article 87 of a communal chamber shall be exercised for the purposes of meeting the part of its expenditure provided in its budget in each financial year which is not met by the payment made to such communal chamber in respect of such financial year by the republic out of its budget as provided in paragraph 2 of this article or by any other revenue which such chamber may have in that financial year. the house of representatives shall, in respect of each financial year, provide in the budget and make available for payment to both communal chambers in respect of their respective financial year for the purposes of their respective needs relating to matters within their respective competence an amount not less than two million pounds to be allocated to the greek and the turkish communal chambers as follows: to the greek communal chamber an amount not less than the sum of one million and six hundred thousand pounds; and to the turkish communal chamber an amount not less than the sum of four hundred thousand pounds: provided that in the case of the increase of the minimum total amount payable to both communal chambers the allocation to each of the communal chambers of such increased amount shall be made in such manner as the house of representatives may decide. if a communal chamber so requests the taxes imposed by it shall be collected on its behalf and paid to such a communal chamber by the authorities of the republic. for the purposes of this article and of sub-paragraph (f) of paragraph 1 of article 87 "member" includes corporate and unincorporate bodies to the extent of the interest held in such bodies by such members. article 89 the communal chambers shall, in relation to their respective community, also have competence to direct policy ("determiner les principes directeurs") within their communal laws; to exercise administrative powers in the manner and through such persons as may be provided by a communal law, with respect to any matter on which they are competent to exercise legislative power under the provisions of article 87 other than those provided in subparagraphs (g) and (h) of paragraph i of such article for which specific provision is made in the ensuing sub-paragraphs; to exercise control on producers' and consumers' co-operatives and credit establishments created for the purpose of promoting the well-being of their respective community and which will be governed by the laws; to promote the aims pursued by municipalities composed solely of members of their respective community and to supervise in their functions such municipalities to which the laws shall apply. nothing in sub-paragraph (e) of paragraph i of article 87 and in subparagraph (b) of paragraph i of this article contained shall be construed as precluding the creation of mixed and common institutions of the nature therein provided if the inhabitants so desire. in the case where the central administration shall, on its part, proceed to control the institutions, establishments or municipalities mentioned in subparagraphs (b) and (c) of paragraph i of this article by virtue of legislation in force, such control shall be carried out through public officers belonging to the same community as that to which the institution, establishment or municipality in question belongs. article 90 subject to the ensuing provisions of this article each communal chamber shall have power by or in its own communal laws to provide for the application of its laws and decisions. a communal chamber shall have no power to provide in any of its laws or decisions for imprisonment or detention for any violation thereof or failure to comply with any directions given by a communal chamber in exercise of any power vested in it under this constitution. the communal chambers shall have no competence to use measures of constraint to secure compliance with their respective communal laws or decisions and of the judgments of the courts dealing with civil disputes relating to personal status and to religious matters within their respective competence. where it becomes necessary to use measures of constraint in compelling compliance with any law or decision of a communal chamber or with any matter connected with the exercise of the authority of control or supervision by a communal chamber such measures of constraint shall, on the application by or on behalf of the communal chamber, be applied by the public authorities of the republic which shall have exclusive competence to apply such measures of constraint. the execution of any judgment or order of a court in connexion with any matter within the exclusive competence of a communal chamber shall be carried out through the public authorities of the republic. article 91 each communal chamber shall once yearly prepare and adopt a budget of its revenue and expenditure for the ensuing financial year. such budget shall be voted by the communal chamber not later than the day fixed by a communal law for the commencement of the communal financial year. article 92 the number of the members of each communal chamber shall be determined by a communal law carried by a two-thirds majority of the total number of the members of the communal chamber concerned. article 93 the elections for both the communal chambers shall be by universal suffrage and by direct and secret ballot. article 94 subject to paragraph 2 of this article every citizen of the republic who has attained the age of twenty-one years and has such residential qualifications as may be prescribed by the respective communal electoral law shall have the right to be registered as an elector in the respective communal electoral list: provided that the members of the greek community shall only be registered in the greek communal electoral list and the members of the turkish community shall only be registered in the turkish communal electoral list. no person shall be qualified to be registered as an elector who is disqualified for such registration by virtue of the respective communal electoral law. article 95 a person shall be qualified to be a candidate for election as a member of a communal chamber if at the time of the election that personis a citizen of the republic and is registered in the respective communal electoral list; has attained the age of twenty-five years; has not been, on or after the date of the coming into operation of this constitution, convicted of an offence involving dishonesty or moral turpitude or is not under any disqualification imposed by a competent court for an electoral offence; is not suffering from a mental disease incapacitating such person from acting as a member of a communal chamber. article 96 the term of office of the communal chambers shall be for a period of five years commencing on such date as a communal law respectively shall appoint. the outgoing communal chambers shall continue in office until the newly elected communal chambers assume office under paragraph i of this article. article 97 a communal general election for a communal chamber shall be held at least thirty days before the expiration of the term of office of the outgoing chamber. when a vacancy occurs in the seat of a member of a communal chamber such vacancy shall be filled by a by-election to be held within a period not exceeding forty-five days of the occurrence of such vacancy. if an election under paragraph 1 or 2 of this article cannot take place on the date fixed by or under this constitution owing to extraordinary and unforeseen circumstances such as earthquake, floods, general epidemic and the like, then such election shall take place on the corresponding day of the week next following. article 98 either communal chamber may dissolve itself only by its own decision carried by an absolute majority. any such decision shall, notwithstanding anything contained in paragraph i of article 96 and paragraph i of article 97, provide for the date of the holding of the communal general election with respect to the communal chamber in question which shall not be less than thirty days and not more than forty days from the date of such decision and also for the date of the first meeting of the newly-elected communal chamber which shall not be later than fifteen days after such communal general election and until such date the outgoing communal chamber shall continue to be in office. notwithstanding anything contained in paragraph 1 of article 96, the term of office of the communal chamber to be elected after dissolution shall be for the unexpired period of the term of office of the dissolved communal chamber. in case of dissolution within the last year of the five years' term of office of the communal chamber concerned a communal general election for such chamber shall take place for the unexpired part of the term of office of the dissolved communal chamber and for the subsequent five years' period of office of such communal chamber. article 99 whenever a communal chamber continues to be in office until the assumption of office by a newly-elected communal chamber, either under paragraph 2 of article 96 or paragraph 2 of article 98, it shall not have power to make any laws or take any decisions on any matter except only in case of urgent and exceptional unforeseen circumstances to be specifically stated in the relevant law or decision. article 100 a member of a communal chamber before assuming duties as such in the communal chamber and at a public meeting thereof shall make the following affirmation: "i do solemnly affirm faith to, and respect for, the constitution and the laws made thereunder, the preservation of the independence and the territorial integrity, of the republic of cyprus." article 101 the office of a member of a communal chamber shall be incompatible with that of a minister or of a representative or of a member of any municipal council including a mayor or of a member of the armed or security forces of the republic or with a public or municipal office and, in the case of that of a member of the turkish communal chamber, with that of a religious functionary (din adam). for the purposes of this article "public office" means any office of profit in the public service of the republic or of a communal chamber the emoluments of which are under the control either of the republic or of a communal chamber and includes any office in any public corporation or public utility body. article 102 the communal chambers shall, by standing orders, make rules relating to all matters of procedure including the holding of ordinary and extraordinary meetings, the dates and duration of such meetings, the manner of voting and the transaction of business. article 103 the meetings of the communal chambers shall be open to the public and the minutes of its debates shall be published. any communal chamber may, if it thinks necessary, hold secret sessions on a resolution carried by a two-thirds majority vote of the total number of its members. article 104 the laws or decisions passed by the greek or the turkish communal chamber shall be published in the official gazette of the republic immediately after being signed by the president or the vice-president of the republic respectively within fifteen days of the receipt by him of such laws or decisions. a communal law shall come into operation on its publication in the official gazette of the republic unless another date is provided by such law. article 105 the president of the republic with regard to the greek communal chamber and the vice-president of the republic with regard to the turkish communal chamber may, within fifteen days of the receipt by him of any law or decision passed by the respective communal chamber, return such law or decision to such chamber for reconsideration. if the communal chamber concerned maintains that the law or decision so returned to it shall stand, the president or the vice-president of the republic, as the case may be, shall sign and publish such law or decision in accordance with the provisions of the immediately preceding article. article 106 a member of a communal chamber shall not be liable to civil or criminal proceedings in respect of any statement made or vote given by him in the chamber. a member of a communal chamber cannot without the leave of the high court, be prosecuted, arrested or imprisoned, so long as he continues to be a member. such leave is not required in the case of an offence punishable with death or imprisonment for five years or more in case the offender is taken in the act. in such a case the high court, being notified forthwith by the competent authority, decides whether it should grant or refuse leave for the continuation of the prosecution or detention, as the case may be, so long as he continues to be a member. if the high court refuses to grant leave for the prosecution of a member of a communal chamber, the period during which such member cannot thus be prosecuted shall not be reckoned for the purposes of any period of prescription for the offence in question. if the high court refuses to grant leave for the enforcement of a sentence of imprisonment imposed on a member of a communal chamber by a competent court, the enforcement of such sentence shall be postponed until he ceases to be such member. article 107 the seat of a member of a communal chamber shall become vacantupon his death; or upon his written resignation; or upon the occurrence of any of the circumstances referred to in paragraph (c) or (d) of article 95, or if he ceases to be a citizen of the republic or if he ceases to be qualified to be registered as an elector in the respective communal electoral list; or upon his becoming the holder of an office mentioned in article 101. article 108 the greek and the turkish communities shall have the right to receive subsidies from the greek or the turkish government respectively for institutions of education, culture, athletics and charity belonging to the greek or the turkish community respectively. also where either the greek or the turkish community considers that it has not the necessary number of schoolmasters, professors or clergymen for the functioning of its institutions, such community shall have the right to obtain and employ such personnel to the extent strictly necessary to meet its needs as the greek or the turkish government respectively may provide. article 109 each religious group which under the provisions of paragraph 3 of article 2 has opted to belong to one of the communities shall have the right to be represented, by elected member or members of such group, in the communal chamber of the community to which such group has opted to belong as shall be provided by a relevant communal law. article 110 the autocephalous greek-orthodox church of cyprus shall continue to have the exclusive right of regulating and administering its own internal affairs and property in accordance with the holy canons and its charter in force for the time being and the greek communal chamber shall not act inconsistently with such right. the institution of vakf and the principles and laws of, and relating to, vakfs are recognised by this constitution. all matters relating to or in any way affecting the institution or foundation of vakf or the vakfs or any vakf properties, including properties belonging to mosques and any other moslem religious institution, shall be governed solely by and under the laws and principles of vakfs and the laws and regulations enacted or made by the turkish communal chamber, and no legislative, executive or other act whatsoever shall contravene or override or interfere with such laws or principles of vakfs and with such laws and regulations of the turkish communal chamber. any right with regard to religious matters possessed in accordance with the law of the colony of cyprus in force immediately before the date of the coming into operation of this constitution by the church of a religious group to which the provisions of paragraph 3 of article 2 shall apply shall continue to be so possessed by such church on and after the date of the coming into operation of this constitution. article 111 subject to the provisions of this constitution any matter relating to betrothal, marriage, nullity of marriage of members of the greek-orthodox church or of a religious group to which the provisions of paragraph 3 of article 2 shall apply shall, on and after the date of the coming into operation of this constitution, be governed by the law of the greek-orthodox church or of the church of such religious group, as the case may be. a law shall provide for an attempt of reconciliation or of spiritual dissolution of marriage to be made before a bishop. 2 any matter relating to divorce, judicial separation or restitution of conjugal rights or to family relations of the members of the greek-orthodox church, shall be cognizable by family courts each of which is composed: for a divorce trial, of three judges, one of which is a lawyer ecclesiastical officer appointed by the greek orthodox church and presides over the court and the other two of high professional and moral standard belonging to the greek orthodox church are appointed by the supreme court among lawyers. if no ecclesiastical officer is appointed as above, the supreme court appoints the president of the court as well. for any other trial, or one judge as a law shall provide. the divorce is maintenable only for the grounds, under the charter of the holy church of cyprus, as are in force at the date of enactment by the house of representatives, of the first amendment of the constitution law of 1989, in so far as they are not inconsistent with the constitution; when the relations of the spouses have been so strongly shaken by a ground concerning the person of the defendant or of both spouses, which justifiably render continuation of the marital relation intolerable for the plaintiff, and for any other ground that a law may provide after the views of the greek orthodox church of cyprus are being heard. any matter relating to divorce, judicial separation or restitution of conjugal rights or to family relations of the members of a religious group for which the provisions of the third paragraph of section 2 apply, shall be cognizable by a family court for which a law shall determine its establishment, composition and jurisdiction, mutatis mutandis to the above. law shall provide for appeal against decisions of the family courts, for the composition of those who shall adjudicate and decide on these appeals and for the jurisdiction and powers of these appellate courts. a law enacted in accordance with the provisions of this paragraph may provide that the appellate court may be composed of one or more judges of the supreme court, sitting alone or together with another judge or other judges belonging to the judicial service of the republic as the law may provide. notwithstanding the provisions of the first paragraph of this section, the free choice of a civil marriage is offered to the members of the greek community. nothing in paragraph i of this article contained shall preclude the application of the provisions of paragraph 5 of article 90 to the execution of any judgment or order of any such tribunal. part vi. the independent officers of the republic chapter i. the attorney-general of the republic and the deputy attorney-general of the republic article 112 the president and the vice-president of the republic shall appoint jointly two persons who are qualified for appointment as a judge of the high court one to be the attorney-general of the republic and the other to be the deputy attorney-general of the republic: provided that the attorney-general and the deputy attorney-general of the republic shall not belong to the same community. the attorney-general of the republic shall be the head and the deputy attorney-general of the republic shall be the deputy head of the law office of the republic which shall be an independent office and shall not be under any ministry. the attorney-general and the deputy attorney-general of the republic shall have the right of audience in, and shall take precedence over any other persons appearing before, any court: provided that the attorney-general of the republic shall always take precedence over the deputy attorney-general of the republic. the attorney-general and the deputy attorney-general of the republic shall be members of the permanent legal service of the republic and shall hold office under the same terms and conditions as a judge of the high court other than its president and shall not be removed from office except on the like grounds and in the like manner as such judge of the high court. in all matters affecting persons belonging to the community of the attorney-general of the republic or of the deputy attorney-general of the republic, as the case may be, the one belonging to such community shall be consulted by the other before any decision is taken by the attorney-general of the republic: provided that for the prosecutions in the courts exercising criminal jurisdiction composed of judges of one community, the attorney-general of the republic or the deputy attorney-general of the republic, as the case may be, belonging to that community, shall have the effective charge and responsibility. article 113 the attorney-general of the republic assisted by the deputy attorney general of the republic shall be the legal adviser of the republic and of the president and of the vice-president of the republic and of the council of ministers and of the ministers and shall exercise all such other powers and shall perform all such other functions and duties as are conferred or imposed on him by this constitution or by law. the attorney-general of the republic shall have power, exercisable at his discretion in the public interest, to institute, conduct, take over and continue or discontinue any proceedings for an offence against any person in the republic. such power may be exercised by him in person or by officers subordinate to him acting under and in accordance with his instructions. article 114 the deputy attorney-general of the republic shall have such powers and shall perform such duties as normally appertain to his office and also shall, subject to the directions of the attorney-general of the republic, exercise all the powers and perform all the functions and the duties vested in the attorney-general of the republic under the provisions of this constitution or by law. the deputy attorney-general of the republic shall act for the attorney-general of the republic in case of his absence or his temporary incapacity to perform his duties. chapter ii. the auditor-general and the deputy auditor-general article 115 the president and the vice-president of the republic shall appoint jointly two fit and proper persons one to be the auditor-general and the other to be the deputy auditor-general: provided that the auditor-general and the deputy auditor-general shall not belong to the same community. the auditor-general shall be the head and the deputy auditor general shall be the deputy head of the audit office of the republic which shall be an independent office and shall not be under any ministry. the auditor-general and the deputy auditor-general shall be members of the permanent public service of the republic and shall not be retired or removed from office except on the like grounds and in like manner as a judge of the high court. article 116 the auditor-general assisted by the deputy auditor-general shall, on behalf of the republic, control all disbursements and receipts and audit and inspect all accounts of moneys and other assets administered, and of liabilities incurred, by or under the authority of the republic and for this purpose he shall have the right of access to all books, records and returns relating to such accounts and to places where such assets are kept. the auditor-general assisted by the deputy auditor-general shall exercise all such other powers and shall perform all such other functions and duties as are conferred or imposed on him by law. the powers, functions and duties of the auditor-general provided in this chapter may be exercised by him in person or by such subordinate officers acting under and in accordance with his instructions. the auditor-general shall submit annually a report on the exercise of his functions and duties under this chapter to the president and the vice-president of the republic who shall cause it to be laid before the house of representatives. article 117 the deputy auditor-general shall have such powers and shall perform such functions and duties as normally appertain to his office and also shall, subject to the directions of the auditor-general, exercise all the powers and perform all the functions and duties vested in the auditor-general under the provisions of this constitution or by law. the deputy auditor-general shall act for the auditor-general in case of his absence or his temporary incapacity to perform his duties. chapter iii. the governor and the deputy governor of the issuing bank of the republic article 118 the president and the vice-president of the republic shall appoint jointly two fit and proper persons one to be the governor and the other to be the deputy-governor of the issuing bank of the republic: provided that the governor and the deputy-governor of the issuing bank of the republic shall not belong to the same community. the governor of the issuing bank of the republic shall be the head and the deputy-governor of the issuing bank shall be the deputy head of the issuing bank of the republic which shall not be under any ministry. the governor and the deputy-governor of the issuing bank of the republic shall be persons appointed under such terms and conditions as laid down in the instruments of their appointment. the council established under paragraph 8 of article 153 shall terminate the appointment of the governor and deputy-governor of the issuing bank of the republic, under the terms and conditions prescribed by the law governing the functioning of the issuing bank of the republic. [repealed] any disciplinary matter in connexion with the exercise of the functions of the governor and the deputy-governor of the issuing bank of the republic shall be within the competence of the council established under paragraph 8 of article 153. article 119 the governor of the issuing bank of the republic assisted by the deputy-governor of the issuing bank of the republic shall administer the currency laws of the republic and shall be in charge of the management of the issuing bank of the republic and shall exercise all other powers and perform all other functions and duties within the domain of the issuing bank of the republic. the governor of the issuing bank of the republic assisted by the deputy-governor of the issuing bank of the republic shall exercise all such powers and shall perform all such other functions as are conferred or imposed on him by law. the powers, functions and duties of the governor of the issuing bank of the republic provided in this chapter may be exercised by him in person or by such subordinate officers acting under and in accordance with his instructions. [repealed] the governor of the issuing bank of the republic shall submit half yearly reports on the state of currency, funds and securities of the republic to the president and the vice-president of the republic who shall cause such reports to be laid before the house of representatives. article 120 the deputy-governor of the issuing bank of the republic shall have such powers and shall perform such functions and duties as normally appertain to his office and also shall. subject to the directions of the governor of the issuing bank of the republic, exercise all the powers and perform all the functions and duties vested in the governor of the issuing bank of the republic under the provisions of this constitution or by law. the deputy-governor of the issuing bank of the republic shall act for the governor of the issuing bank of the republic in case of his absence or his temporary incapacity to perform his duties. article 121 nothing in this chapter contained shall be construed as precluding the issuing bank of the republic from becoming a central bank: provided that in such a case, subject to the provisions of this chapter, the governor and the deputy-governor of the issuing bank of the republic shall be respectively the governor and the deputy-governor of the central bank of the republic. part vii. the public service chapter i. general article 122 for the purposes of this chapter, unless the context otherwise requires "public office" means an office in the public service; "public officer" means the holder, whether substantive or temporary or acting, of a public office; "public service" means any service under the republic other than service in the army or the security forces of the republic and includes service under the cyprus broadcasting corporation, the cyprus inland telecommunications authority and the electricity authority of cyprus and any other public corporate or unincorporate body created in the public interest by a law and either the funds of which are provided or guaranteed by the republic or, if the enterprise is carried out exclusively by such body, its administration is carried out under the control of the republic, but does not include service in an office the appointment to or the filling of which is, under this constitution, made jointly by the president and the vice-president of the republic or service by workmen except those who are regularly employed in connexion with permanent works of the republic or any such body as aforesaid. article 123 the public service shall be composed as to seventy per centum of greeks and as to thirty per centum of turks. this quantitative distribution shall be applied, so far as this will be practically possible, in all grades of the hierarchy in the public service. in regions or localities where one of the two communities is in a majority approaching one hundred per centum the public officers posted for, or entrusted with, duty in such regions or localities shall belong to that community. article 124 there shall be a public service commission consisting of a chairman and nine other members appointed jointly by the president and the vice-president of the republic. seven members of the commission shall be greeks and three members shall be turks. each member of the commission shall be appointed for a period of six years, but he may at any time resign his office by writing under his hand addressed to the president and the vice-president of the republic. the remuneration and other conditions of service of a member of the commission shall be provided by a law and shall not be altered to his disadvantage after his appointment. a member of the commission shall not be removed from office except on the like grounds and in the like manner as a judge of the high court. 6 no person shall be appointed as a member of the commission unless he is a citizen of the republic, of high moral character and has the qualifications for election as a member of the house of representatives. no person shall be appointed as, or be, a member of the commission who is, or within the preceding twelve months in the case of the chairman or six months in the case of any other member, has been a minister; a member of the house of representatives or of any communal chamber; a public officer or a member of any of the armed forces; an officer or employee of any local authority or of a body corporate or authority established by law for public purposes; a member of a trade union or of a body or association affiliated to a trade union. where, during any period, a member of the commission has been granted leave of absence or is unable, owing to absence from the republic, or to any other cause, to discharge his functions as a member, the president and the vice-president of the republic may jointly appoint at his place any person who would be qualified to be appointed to exercise such functions, during that period. article 125 save where other express provision is made in this constitution with respect to any matter set out in this paragraph and subject to the provisions of any law, it shall be the duty of the public service commission to make the allocation of public offices between the two communities and to appoint, confirm, emplace on the permanent or pensionable establishment, promote, transfer, retire and exercise disciplinary control over, including dismissal or removal from office of, public officers. the chairman shall convene the meetings of the commission and shall preside thereat: provided thatno meeting shall be held unless prior notice thereof has been given to all the members; on an equality of votes the chairman shall not have a second or casting vote. 3 subject to the ensuing provisions of this paragraph any decision of the commission shall be taken by an absolute majority vote of its members. if the question relates to an appointment or promotion to fill a vacant or newly created post, the decision whether such post shall be filled, under the provisions of this constitution, by a greek or a turk, shall be taken by such absolute majority vote including at least the votes of two turkish members of the commission: provided that if such a decision cannot be taken on such majority, the question shall be referred by the commission to the supreme constitutional court for a decision; the decision of such court shall be final and binding on the commission. where the question relates solely to a turk any decision of the commission shall be taken by such an absolute majority vote including the votes of at least two turkish members. where the question relates solely to a greek, any decision of the commission shall be taken by such an absolute majority vote including the votes of at least four greek members. where the question relates to the selection of the greek or the turk to be appointed or promoted, the decision shall, subject to sub-paragraph (3) of this paragraph, be taken by an absolute majority vote: provided that the unanimous recommendation, of five greek members in the case of the selection of a greek, or of the three turkish members in the case of the selection of a turk, shall be acted upon by the commission. chapter ii. the accountant-general and the deputy accountant-general article 126 the president and the vice-president of the republic shall appoint jointly two fit and proper persons one to be the accountant-general and the other to be the deputy accountant-general: provided that the accountant-general and the deputy accountant-general shall not belong to the same community. the accountant-general shall be the head and the deputy accountant-general shall be the deputy head of the treasury. the accountant-general and the deputy accountant-general shall be members of the permanent public service of the republic. the retirement and any disciplinary control, including dismissal or removal from office, of the accountant-general and the deputy accountant-general shall be within the competence of the public service commission. article 127 the accountant-general assisted by the deputy accountant-general shall manage and supervise all accounting operations in respect of all moneys and other assets administered, and of liabilities incurred, by or under the authority of the republic and, subject to the provisions of this constitution or of any law, shall receive and make all the disbursements of moneys of the republic. the accountant-general assisted by the deputy accountant-general shall exercise all such other powers and shall perform all such other functions and duties as are conferred or imposed on him by law. the powers, functions and duties of the accountant-general provided in this chapter may be exercised by him in person or by such subordinate officers acting under and in accordance with his instructions. article 128 the deputy accountant-general shall have such powers and shall perform such functions and duties as normally appertain to his office and also shall, subject to the directions of the accountant-general, exercise all the powers and perform all the functions and duties vested in the accountant-general under the provisions of this constitution or by law. the deputy accountant-general shall act for the accountant-general in case of his absence or his temporary incapacity to perform his duties. part viii. the forces of the republic article 129 the republic shall have an army of two thousand men of whom sixty per centum shall be greeks and forty per centum shall be turks. compulsory military service shall not be instituted except by common agreement of the president and the vice-president of the republic. article 130 the security forces of the republic shall consist of the police and gendarmerie and shall have a contingent of two thousand men which may be reduced or increased by common agreement of the president and the vice-president of the republic. the security forces of the republic shall be composed as to seventy per centum of greeks and as to thirty per centum of turks: provided that for an initial period and in order not to discharge those turks serving in the police on the 11th february, 1959, except those serving in the auxiliary police, the percentage of turks may be kept up to a maximum of forty per centum and consequently that of the greeks may be reduced to sixty per centum. article 131 the heads and deputy heads of the army, the police and the gendarmerie of the republic shall be appointed jointly by the president and the vice-president of the republic. one of the heads of the army, the police and the gendarmerie shall be a turk and where the head of the army, the police and the gendarmerie belongs to one community the deputy head shall belong to the other community. article 132 forces which are stationed in parts of the territory of the republic inhabited in a proportion approaching one hundred per centum only by members of one community shall belong to that community. part ix. the supreme constitutional court article 133 1 there shall be a supreme constitutional court of the republic composed of a greek, a turk and a neutral judge. the neutral judge shall be the president of the court. the president and the other judges of the supreme constitutional court shall be appointed jointly by the president and the vice-president of the republic: provided that in the case of a vacancy solely in the post of either the greek or the turkish judge the proposal of the president or the vice-president of the republic to whose community the judge to be appointed shall belong shall prevail if the president and the vice-president of the republic do not agree on the appointment within a week of such proposal. the seat of the supreme constitutional court shall be in the capital of the republic. the neutral judge shall not be a subject or a citizen of the republic or of the kingdom of greece or of the republic of turkey or of the united kingdom and the colonies. the greek and the turkish judge of the supreme constitutional court shall be a citizen of the republic. the president and the other judges of the supreme constitutional court shall be appointed from amongst lawyers of high professional and moral standard. 6 the president of the court shall be appointed for a period of six years. the remuneration and other conditions of service of the president of the court shall be laid down in the instrument of his appointment. the conditions of service of the president of the court to be laid down in the instrument of his appointment as provided in sub-paragraph (2) of this paragraph shall include provision for his retirement on the same grounds as those on which the greek or the turkish judge may be retired under sub-paragraph (3) of paragraph 7 of this article; and provision for his dismissal on the same grounds as those on which such greek or turkish judge may be dismissed under sub-paragraph (4) of paragraph 7 of this article. 7 the greek and the turkish judge of the court shall be permanent members of the judicial service of the republic and shall hold office until they attain the age of sixty-eight. without prejudice to any retirement pension, gratuity or any other like benefit he may have acquired under the provisions of any law, the greek or the turkish judge of the court may at any time resign his office by writing under his hand addressed to the president and the vice-president of the republic. the greek or the turkish judge of the court shall be retired on account of such mental or physical incapacity or infirmity as would render him incapable of discharging the duties of his office either permanently or for such period of time as would render it impracticable for him to continue in office. a judge so retired shall be entitled to all benefits and emoluments provided by any law in force for the time being. the greek or the turkish judge of the court may be dismissed on the ground of misconduct. 8 there shall be established a council consisting of the president of the high court as chairman and the senior in appointment greek judge and the turkish judge of the high court as members. this council shall have exclusive competence to determine all matters relating to the retirement, dismissal or otherwise the termination of the appointment of the president of the court in accordance with the conditions of service laid down in the instrument of his appointment; the retirement or dismissal of the greek or the turkish judge of the court on any of the grounds provided in sub-paragraphs (3) and (4) of paragraph 7 of this article. the proceedings of the council under sub-paragraph (2) of this paragraph shall be of a judicial nature and the judge concerned shall be entitled to be heard and present his case before the council. the decision of the council taken by a majority shall be binding upon the president and the vice-president of the republic who shall jointly act accordingly. in the case of temporary absence or incapacity of the president or of the greek judge or of the turkish judge of the court, the president of the high court or the senior in appointment of the two greek judges or the turkish judge thereof respectively shall act in his place during such temporary absence or incapacity. no action shall be brought against the president or any other judge of the court for any act done or words spoken in his judicial capacity. the remuneration and other conditions of service of the greek and the turkish judge of the court shall be fixed by a law. the remuneration and other conditions of service of any judge of the court shall not be altered to his disadvantage after his appointment. article 134 the sittings of the supreme constitutional court for the hearing of all proceedings shall be public but the court may hear any proceedings in the presence only of the parties, if any, and the officers of the court if it considers that such a course will be in the interest of the orderly conduct of the proceedings or if the security of the republic or public morals so require. when a recourse appears to be prima facie frivolous the court may, after hearing arguments by or on behalf of the parties concerned, unanimously dismiss such recourse without a public hearing if satisfied that such recourse is in fact frivolous. article 135 the supreme constitutional court shall make rules of court for regulating the practice and procedure of the court in the exercise of jurisdiction conferred upon it by this constitution, for prescribing forms and fees in respect of proceedings in the court and for prescribing and regulating the composition of its registry and the powers and the duties of the officers thereof. article 136 the supreme constitutional court shall have exclusive jurisdiction to adjudicate finally on all matters as provided in the ensuing articles. article 137 the president and the vice-president of the republic, either separately or conjointly, shall have a right of recourse to the supreme constitutional court under the provisions of this article on the ground that any law or decision of the house of representatives or any provision thereof discriminates against either of the two communities. a recourse under paragraph i of this article shall be made within seventy-five days of the promulgation of any such law or decision. notice of the filing of such a recourse shall be published in the official gazette of the republic by the president and the vice-president of the republic within a period of twenty-four hours from such filing. upon the publication of such notification in the official gazette of the republic the operation of such law or decision shall be suspended from the day following such publication until the supreme constitutional court determines such recourse. upon such recourse the court may confirm or annul such law or decision or any provision thereof or return it to the house of representatives for reconsideration, in whole or in part: provided that in the case of annulment of a law or decision or any provision thereof such annulment shall operate from the date of the publication of the decision of the supreme constitutional court under paragraph s of this article without prejudice to anything done or left undone under such law or decision or provision thereof. the decision of the court shall be notified forthwith to the president and the vice-president of the republic and to the president and the vice-president of the house of representatives and shall be published forthwith by the president and the vice-president of the republic in the official gazette of the republic. article 138 where on the adoption of the budget by the house of representatives the president and the vice-president of the republic, either separately or conjointly, has or have exercised his or their right to return it to the house of representatives on the ground that in his or their judgment there is a discrimination and the house has persisted in its decision, the president and the vice-president of the republic, either separately or conjointly, as the case may be, shall have a right of recourse to the supreme constitutional court on such ground. such recourse shall be made within the period fixed by this constitution for the promulgation of the laws or decisions of the house of representatives. upon such a recourse the court may annul or confirm the budget or return it to the house of representatives, in whole or in part. the decision of the court shall be notified forthwith to the president and the vice-president of the republic and to the president and the vice-president of the house of representatives and shall be published forthwith by the president and the vice-president of the republic in the official gazette of the republic. article 139 the supreme constitutional court shall have jurisdiction to adjudicate finally on a recourse made in connexion with any matter relating to any conflict or contest of power or competence arising between the house of representatives and the communal chambers or any one of them and between any organs of, or authorities in, the republic: provided that nothing in this paragraph contained shall apply to any conflict or contest between any courts or judicial authorities in the republic, which conflict or contest shall be decided by the high court. for the purposes of this paragraph the expression "courts or judicial authorities in the republic" does not include the supreme constitutional court. where any question arises as to the competence of the supreme constitutional court regarding any matter, such question shall be determined by the supreme constitutional court. recourse to the court under paragraph i of this article may be made by the president or the vice-president of the republic; or the house of representatives; or one of, or both the communal chambers; or any other organ of, or authority in, the republic, if involved in such conflict or contest. such recourse shall be made within thirty days of the date when such power or competence is contested. upon such a recourse the court may declare that the law or the decision or the act, the subject or the recourse, is void, either from the time when the conflict or contest arose or ab initio, and without any legal effect whatsoever, either in whole or in part, on the ground that such law or decision or act was made or taken or done without power or competence, and in either case the court may give directions as to the effect of anything done or left undone under such law or decision or act. any decision of the court upon such recourse shall be forthwith notified to the parties concerned and to the president and the vice-president of the republic who shall forthwith publish it in the official gazette of the republic. upon a recourse under this article the court may order that the operation of the law or decision or act, as the case may be, which is the subject matter of such recourse, shall be suspended until the determination of the recourse; such order shall be published forthwith in the official gazette of the republic. article 140 the president and the vice-president of the republic acting jointly may, at any time prior to the promulgation of any law or decision of the house of representatives, refer to the supreme constitutional court for its opinion the question as to whether such law or decision or any specified provision thereof is repugnant to or inconsistent with any provision of this constitution, otherwise than on the ground that such law or decision or any provision thereof discriminates against either of the two communities or is repugnant to or inconsistent with the law of the european communities or of the european union. the supreme constitutional court shall consider every question referred to it under paragraph 1 of this article and having heard arguments on behalf of the president and the vice-president of the republic and on behalf of the house of representatives shall give its opinion on such question and notify the president and the vice-president of the republic and the house of representatives accordingly. in case the supreme constitutional court is of the opinion that such law or decision or any provision thereof is repugnant to or inconsistent with any provision of this constitution or the law of the european communities or of the european union such law or decision or such provision thereof shall not be promulgated by the president and the vice-president of the republic. article 141 the president or the vice-president of the republic may, at any time prior to the promulgation of any law imposing any formalities, conditions or restrictions on the right guaranteed by article 25, refer to the supreme constitutional court for its opinion the question as to whether such formality, condition or restriction is not in the public interest or is contrary to the interests of his community. the supreme constitutional court shall consider such question and having heard arguments on behalf of the president or the vice-president of the republic, as the case may be, and on behalf of the house of representatives shall give its opinion and notify the president and the vice-president of the republic and the house of representatives accordingly. in case the supreme constitutional court is of opinion that such formality, condition or restriction is not in the public interest or is contrary to the interests of such community such law or any provision thereof prescribing such formality, condition or restriction shall not be promulgated by the president and the vice-president of the republic. article 142 the president of the republic with regard to any law or decision of the greek communal chamber and the vice-president of the republic with regard to any law or decision of the turkish communal chamber, may, at any time prior to the publication of such law or decision, refer to the supreme constitutional court for its opinion the question as to whether such law or decision or any specified provision thereof is repugnant to or inconsistent with any provision of this constitution. the supreme constitutional court shall consider every question referred to it under paragraph i of this article and having heard arguments on behalf of the president or the vice-president of the republic, as the case may be, and on behalf of the communal chamber concerned, shall give its opinion on such question and notify accordingly the president or the vice-president of the republic, as the case may be, and the communal chamber concerned. in case the supreme constitutional court is of the opinion that such law or decision or any provision thereof is repugnant to or inconsistent with any provision of this constitution such law or decision or such provision thereof shall not be published by the president or the vice-president of the republic, as the case may be. article 143 the president or the vice-president of the republic or representatives consisting of at least one-fifth of the total number of a newly-elected house of representatives shall have a right of recourse to the supreme constitutional court on the question whether there exist such urgent and exceptional unforeseen circumstances as to justify a house of representatives which continues to be in office until the assumption of office of a newly-elected house to make any laws or take any decisions as in article 68 provided. such recourse, if made by the president or the vice-president of the republic shall be made within the period provided by this constitution for the promulgation of the laws and decisions of the house of representatives, and if made by such representatives shall be made within fifteen days of the date when the new house first meets. the decision of the court shall be notified forthwith to the president and the vice-president of the republic and to the president and the vice-president of the house of representatives and shall be published forthwith by the president and the vice-president of the republic in the official gazette of the republic. article 144 a party to any judicial proceedings, including proceedings on appeal, may, at any stage thereof, raise the question of the unconstitutionality of any law or decision or any provision thereof material for the determination of any matter at issue in such proceedings and thereupon the court before which such question is raised shall reserve the question for the decision of the supreme constitutional court and stay further proceedings until such question is determined by the supreme constitutional court. the supreme constitutional court, on a question so reserved, shall, after hearing the parties, consider and determine the question so reserved and transmit its decision to the court by which such question has been reserved. any decision of the supreme constitutional court under paragraph 2 of this article shall be binding on the court by which the question has been reserved and on the parties to the proceedings and shall, in case such decision is to the effect that the law or decision or any provision thereof is unconstitutional, operate as to make such law or decision inapplicable to such proceedings only. article 145 the supreme constitutional court shall have exclusive jurisdiction to adjudicate finally on any election petition, made under the provisions of the electoral law, with regard to the elections of the president or the vice president of the republic or of members of the house of representatives or of any communal chamber. article 146 the supreme constitutional court shall have exclusive jurisdiction to adjudicate finally on a recourse made to it on a complaint that a decision, an act or omission of any organ, authority or person, exercising any executive or administrative authority is contrary to any of the provisions of this constitution or of any law or is made in excess or in abuse of powers vested in such organ or authority or person. such a recourse may be made by a person whose any existing legitimate interest, which he has either as a person or by virtue of being a member of a community, is adversely and directly affected by such decision or act or omission. such a recourse shall be made within seventy-five days of the date when the decision or act was published or, if not published and in the case of an omission, when it came to the knowledge of the person making the recourse. upon such a recourse the court may, by its decision confirm, either in whole or in part, such decision or act or omission; or declare, either in whole or in part, such decision or act to be null and void and of no effect whatsoever; or declare that such omission, either in whole or in part, ought not to have been made and that whatever has been omitted should have been performed. any decision given under paragraph 4 of this article shall be binding on all courts and all organs or authorities in the republic and shall be given effect to and acted upon by the organ or authority or person concerned. any person aggrieved by any decision or act declared to be void under paragraph 4 of this article or by any omission declared thereunder that it ought not to have been made shall be entitled, if his claim is not met to his satisfaction by the organ, authority or person concerned, to institute legal proceedings in a court for the recovery of damages or for being granted other remedy and to recover just and equitable damages to be assessed by the court or to be granted such other just and equitable remedy as such court is empowered to grant. article 147 the supreme constitutional court shall have exclusive jurisdiction to adjudicate finally on a motion made by the attorney-general and the deputy attorney-general of the republic, in accordance with the provisions of paragraph 3 of article 44, with regard to the question of the existence of such permanent or temporary incapacity, or absence, otherwise than temporary, of the president or the vice-president of the republic, as would prevent him to perform effectively his duties as in sub-paragraph (d) of paragraph 1 of article 44 provided. article 148 subject to the provisions of paragraph 3 of article 144, any decision of the supreme constitutional court on any matter within its jurisdiction or competence shall be binding on all courts, organs, authorities and persons in the republic. article 149 the supreme constitutional court shall have exclusive jurisdiction to determine any conflict between the two texts of this constitution by reference to the text of the draft of this constitution signed at nicosia on the 6th april, 1960, in the joint constitutional commission together with the schedule of amendments thereto signed by representatives of the kingdom of greece, the republic of turkey and the greek and turkish cypriot communities, due regard being had to the letter and spirit of the zurich agreement dated the 11th february, 1959, and of the london agreement dated the 19th of february, 1959; to make, in case of ambiguity, any interpretation of this constitution, due regard being had to the letter and spirit of the zurich agreement dated the 11th february, 1959, and of the london agreement dated the 19th february, 1959. article 150 the supreme constitutional court shall have jurisdiction to punish for contempt of itself. article 151 notwithstanding anything in the foregoing provisions of this part, the supreme constitutional court shall have exclusive competence to decide finally on a reference made to it by the public service commission under subparagraph (2) of paragraph 3 of article 125. nothing in this article contained shall preclude any recourse to the supreme constitutional court under article 146 on a complaint concerning any decision, act or omission of the public service commission. part x. the high court and the subordinate courts article 152 the judicial power, other than that exercised under part ix by the supreme constitutional court and under paragraph 2 of this article by the courts provided by a communal law, shall be exercised by a high court of justice and such inferior courts as may, subject to the provisions of this constitution, be provided by a law made thereunder. the judicial power with respect to civil disputes relating to personal status and to religious matters which are reserved under article 87 for the communal chambers shall be exercised by such courts as a communal law made under the provisions of this constitution shall provide. article 153 1 there shall be a high court of justice composed of two greek judges, one turkish judge and a neutral judge. the neutral judge shall be the president of the court and shall have two votes. the president and the other judges of the high court shall be appointed jointly by the president and the vice-president of the republic: provided that in the case of a vacancy solely in the post of either a greek judge or the turkish judge the proposal of the president or the vice-president of the republic to whose community the judge to be appointed shall belong shall prevail if the president and the vice-president of the republic do not agree on the appointment within a week of such proposal. the seat of the high court shall be in the capital of the republic. the neutral judge shall not be a subject or a citizen of the republic or of the kingdom of greece or of the republic of turkey or of the united kingdom and the colonies. the greek judges and the turkish judge of the high court shall be citizens of the republic. the president and the other judges of the high court shall be appointed from amongst lawyers of high professional and moral standard. 6 the president of the high court shall be appointed for a period of six years. the remuneration and other conditions of service of the president of the high court shall be laid down in the instrument of his appointment. the conditions of service of the president of the high court to be laid down in the instrument of his appointment as provided in sub-paragraph (2) of this paragraph shall includeprovision for his retirement on the same grounds as those on which a greek or the turkish judge may be retired under sub-paragraph (3) of paragraph 7 of this article; and provision for his dismissal on the same grounds as those on which such greek or turkish judge may be dismissed under sub-paragraph (4) of paragraph 7 of this article. 7 the greek judges and the turkish judge of the high court shall be permanent members of the judicial service of the republic and shall hold office until they attain the age of sixty-eight. without prejudice to any retirement pension, gratuity or any other like benefit he may have acquired under the provisions of any law, any greek judge or the turkish judge of the high court may at any time resign his office by writing under his hand addressed to the president and the vice-president of the republic. any greek or the turkish judge of the high court shall be retired on account of such mental or physical incapacity or infirmity as would render him incapable of discharging the duties of his office either permanently or for such period of time as would render it impracticable for him to continue in office. a judge so retired shall be entitled to all benefits and emoluments provided by any law in force for the time being. a greek or the turkish judge of the high court may be dismissed on the ground of misconduct. 8 there shall be established a council consisting of the president of the supreme constitutional court as chairman and the greek and the turkish judge of the supreme constitutional court as members. this council shall have exclusive competence to determine all matters relating tothe retirement, dismissal or otherwise the termination of the appointment of the president of the high court in accordance with the conditions of service laid down in the instrument of his appointment; the retirement or dismissal of any greek judge or the turkish judge of the high court on any of the grounds provided in sub-paragraphs (3) and (4) of paragraph 7 of this article. the proceedings of the council under sub-paragraph (2) of this paragraph shall be of a judicial nature and the judge concerned shall be entitled to be heard and present his case before the council. the decision of the council taken by a majority shall be binding upon the president and the vice-president of the republic who shall jointly act accordingly. in the case of temporary absence or incapacity of the president of the high court or of one of the greek judges or of the turkish judge thereof the president of the supreme constitutional court or the greek judge or the turkish judge thereof respectively shall act in his place during such temporary absence or incapacity: provided that if it is impracticable or inconvenient for the greek or the turkish judge of the supreme constitutional court to act, the senior in office greek or turkish judge in the judicial service of the republic shall so act respectively. no action shall be brought against the president or any other judge of the high court for any act done or words spoken in his judicial capacity. the remuneration and other conditions of service of the greek judges and of the turkish judge of the high court shall be fixed by a law. the remuneration and other conditions of service of any judge of the high court shall not be altered to his disadvantage after his appointment. article 154 the sittings of the high court for the hearing of all proceedings shall be public but the court may hear any proceedings in the presence only of the parties, if any, and the officers of the court if it considers that such a course will be in the interest of the orderly conduct of the proceedings or if the security of the republic or public morals so require. article 155 the high court shall be the highest appellate court in the republic and shall have jurisdiction to hear and determine, subject to the provisions of this constitution and of any rules of court made thereunder, all appeals from any court other than the supreme constitutional court. subject to paragraphs 3 and 4 of this article the high court shall have such original and revisional jurisdiction as is provided by this constitution or as may be provided by a law: provided that where original jurisdiction is so conferred, such jurisdiction shall, subject to article 159, be exercised by such judge or judges of the high court as the high court shall determine: provided further that there shall be a right of appeal to the high court from their decision. the high court shall, to the exclusion of any other court, determine the composition of the court which is to try a civil case where the plaintiff and the defendant belong to different communities and of the court which is to try a criminal case in which the accused and the injured party belong to different communities. such court shall be composed of judges belonging to both the greek and the turkish communities. the high court shall have exclusive jurisdiction to issue orders in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari. article 156 the following offences in the first instance shall be tried by a court composed of such judges belonging to both communities as the high court shall determine presided over by the president of the high court: treason and other offences against the security of the republic; offences against the constitution and the constitutional order: provided that in the appeal from any decision of such court the high court shall be presided over by the president of the supreme constitutional court in the place of the president of the high court and in such a case the president of the supreme constitutional court shall have all the powers vested in the president of the high court. article 157 save as otherwise provided in this constitution with regard to the supreme constitutional court, the high court shall be the supreme council of judicature, and its president shall have two votes. the appointment, promotion, transfer, termination of appointment, dismissal and disciplinary matters of judicial officers are exclusively within the competence of the supreme council of judicature. no judicial officer shall be retired or dismissed except on the like grounds and in the same manner as a judge of the high court. article 158 a law shall, subject to the provisions of this constitution, provide for the establishment, jurisdiction and powers of courts of civil and criminal jurisdiction other than courts to be provided by a communal law under article 160. any such law shall provide for the establishment of adequate courts in sufficient number for the proper and undelayed administration of justice and for securing within the limits of their respective competence the efficient application of the provisions of this constitution guaranteeing the fundamental rights and liberties. a law shall provide for the remuneration and other conditions of service of the judges of the courts to be established under paragraph 1 of this article. the remuneration and other conditions of service of any such judge shall not be altered to his disadvantage after his appointment. article 159 a court exercising civil jurisdiction in a case where the plaintiff and the defendant belong to the same community shall be composed solely of a judge or judges belonging to that community. a court exercising criminal jurisdiction in a case where the accused and the person injured belong to the same community, or where there is no person injured, shall be composed of a judge or judges belonging to that community. where in a civil case the plaintiff and the defendant belong to different communities the court shall be composed of such judges belonging to both communities as the high court shall determine. where in a criminal case the accused and the person injured belong to different communities the court shall be composed of such judges belonging to both communities as the high court shall determine. a coroner's inquest where the deceased belonged to the greek community shall be conducted by a greek coroner and where the deceased belonged to the turkish community shall be conducted by a turkish coroner. in case there are more than one deceased belonging to different communities the inquest shall be conducted by such coroner as the high court may direct. the execution of any judgment or order of a court exercising civil or criminal jurisdiction, if the court is composed of a greek judge or greek judges shall be carried out through greek officers of the court, if the court is composed of a turkish judge or turkish judges shall be carried out through turkish officers of the court, and in any other case such execution shall be carried out by such officers as the court of trial shall direct. article 160 a communal law made by the communal chamber concerned shall, subject to the provisions of this constitution, provide for the establishment, composition and jurisdiction of courts to deal with civil disputes relating to personal status and to religious matters which are reserved for the competence of the communal chambers by the provisions of this constitution. by such law provision shall be made for appeals against the decisions of such courts and for the composition of the courts by which such appeals are to be heard and determined and for the jurisdiction and powers of such appellate courts. a communal law made under this paragraph may provide that such appellate court may be composed of a judge or judges of the high court either sitting alone or with such other judge or judges in the judicial service of the republic as such law may determine. any such court as aforesaid in the exercise of its jurisdiction, shall apply the laws made by the communal chamber concerned: provided that nothing in this paragraph contained shall preclude a court of the republic from applying in a case, where an issue relating to personal status or to religious matters is raised incidentally, the relevant communal law. article 161 subject to paragraph 3 of article 160 the courts of the republic shall have power to apply also the relevant communal laws other than those relating to personal status and to religious matters. article 162 the high court shall have jurisdiction to punish for any contempt of itself, and any other court of the republic, including a court established by a communal law under article 160, shall have power to commit any person disobeying a judgment or order of such court to prison until such person complies with such judgment or order and in any event for a period not exceeding twelve months. a law or a communal law, notwithstanding anything in article 90 contained, as the case may be, may provide for punishment for contempt of court. article 163 the high court shall make rules of court for regulating the practice and procedure of the high court and of any other court established by or under this part of this constitution, other than a court established under article 160. without prejudice to the generality of paragraph i of this article the high court may make rules of court for the following purposes: for regulating the sittings of the courts and the selection of judges for any purpose; for providing for the summary determination of any appeal or other proceedings which appear to the high court or such other court before which such proceedings are pending to be frivolous or vexatious or to have been instituted for the purpose of delaying the course of justice; for prescribing forms and fees in respect of proceedings in the courts and regulating the costs of, and incidental to, any such proceedings; for prescribing and regulating the composition of the registries of the courts and the powers and duties of officers of the courts; for prescribing the time within which any requirement of the rules of court is to be complied with; for prescribing the practice and procedure to be followed by the supreme council of judicature in the exercise of its competence with regard to disciplinary matters relating to judicial officers. rules of court made under this article may fix the number of judges of the high court who are to hear any specified matter: provided that in the exercise of the jurisdiction conferred on the high court by or under this constitution no matter shall be determined unless the provisions of article 159 are complied with and for the hearing of any appeal, including an appeal under article 156, the high court shall, subject to paragraph 2 of article 160, be composed of all its members. article 164 any appellate court created under paragraph 2 of article 160 shall make rules of court for regulating the practice and procedure of such court and the practice and procedure of any court from which any appeal shall lie to it. without prejudice to the generality of paragraph 1 of this article such appellate court may make rules of court for itself and for the courts from which an appeal shall lie to it for the following purposes: for regulating the sittings of such courts; for prescribing forms and fees in respect of proceedings in such courts and for regulating the costs of, and incidental to, any such proceedings: for prescribing and regulating the composition of registries of such courts and the powers and duties of officers of such courts; for prescribing the time within which any requirement of such rules of court is to be complied with. part xi. financial provisions article 165 all revenues and moneys, howsoever raised or received by the republic, shall, subject to the provisions of this constitution and of the law, be paid into and form one fund to be known as the consolidated fund of the republic. all revenues and moneys, howsoever raised or received by a communal chamber, shall, subject to any communal law, be paid into and form one fund, to be known as the consolidated fund of that communal chamber. unless the context otherwise requires any reference in this constitution to the consolidated fund shall be construed as a reference to the consolidated fund of the republic provided in paragraph i of this article. article 166 there shall be charged on the consolidated fund, in addition to any grant, remuneration or other moneys charged by any other provision of this constitution or law all pensions and gratuities for which the republic is liable; the emoluments of the president and the vice-president of the republic and the salaries of the judges of the supreme constitutional court and of the high court, of the attorney-general and of the deputy attorney-general of the republic, of the auditor-general and of the deputy auditor-general, of the governor and the deputy governor of the issuing bank of the republic and of the members of the public service commission; all debt charges for which the republic is liable; and any moneys required to satisfy any judgment, decision or award against the republic by any court. for the purposes of this article debt charges include interest, sinking fund charges, the repayment of amortisation of debt and all expenditure in connexion with the raising of loans on the security of the consolidated fund and the service and redemption of debt created thereby. article 167 the minister of finance shall, upon receipt of the estimates of each ministry and of each independent office of the republic, cause to be prepared in respect of every financial year a comprehensive budget of the republic for that year which, when approved by the council of ministers, shall be laid before the house of representatives. the estimates of expenditure in the budget shall show separately the total sums required to meet expenditure charged on the consolidated fund; and the sums respectively required to meet other expenditure. the said budget shall also show, so far as is practicable, the assets and liabilities of the republic at the end of the last completed financial year, the manner in which those assets are invested or held and particulars in respect of outstanding liabilities. the expenditure to be met from the consolidated fund but not charged thereon shall be submitted to the house of representatives for adoption and if adopted shall be included in the budget in respect of that financial year. if in respect of any financial year it is found that the amount adopted by the house of representatives for any purpose is insufficient or that a need has arisen for expenditure for a purpose for which no amount has been adopted a supplementary budget showing the sums required shall be laid before the house of representatives for adoption and if adopted by the house of representatives shall be included in the budget in respect of that financial year. the house of representatives may approve or refuse its approval to any expenditure contained in a supplementary budget but may not vote an increased amount or an alteration in its destination. article 168 no expenditure shall be met from the consolidated fund or other public funds except upon the authority of a warrant under the hand of the minister of finance: provided that the minister of finance shall not refuse to sign any such warrant for an expenditure provided for in the budget. subject to the provisions of paragraph 3 of this article, no such warrant shall be issued unless such expenditure has been adopted in the budget for the financial year to which the warrant relates in the budget. if the budget has not been adopted by the house of representatives by the first day of the financial year to which it relates, the house of representatives may, subject to the provisions of this constitution, by a resolution, authorise the meeting of any expenditure required, for a period not exceeding one month at any one time but in any event not exceeding two months in the aggregate, from the consolidated fund or other public funds as they may consider essential for the continuance of the public services shown in the budget until the expiration of such period: provided that the expenditure so authorised for any service shall not exceed the proportion with respect to such period of the amount voted for that service in the budget for the preceding financial year. part xii. miscellaneous provisions article 169 subject to the provisions of article 50 and paragraph 3 of article 57every international agreement with a foreign state or any international organisation relating to commercial matters, economic co-operation (including payments and credit) and modus vivendi shall be concluded under a decision of the council of ministers; any other treaty, convention or international agreement shall be negotiated and signed under a decision of the council of ministers and shall only be operative and binding on the republic when approved by a law made by the house of representatives whereupon it shall be concluded; treaties, conventions and agreements concluded in accordance with the foregoing provisions of this article shall have, as from their publication in the official gazette of the republic, superior force to any municipal law on condition that such treaties, conventions and agreements are applied by the other party thereto. the republic may exercise every option and discretionary power provided for by the treaties establishing the european communities and the treaty on the european union and any treaties amending or substituting them, concluded by the republic. article 170 the republic shall, by agreement on appropriate terms, accord most-favoured-nation treatment to the kingdom of greece, the republic of turkey and the united kingdom of great britain and northern ireland for all agreements whatever their nature might be. the provisions of paragraph 1 of this article shall not apply to the treaty concerning the establishment of the republic of cyprus between the republic, the kingdom of greece, the republic of turkey and the united kingdom of great britain and northern ireland concerning the bases and military facilities accorded to the united kingdom. article 171 in sound and vision broadcasting there shall be programmes both for the greek and the turkish communities. the time allotted to programmes for the turkish community in sound broadcasting shall not be less than seventy-five hours in a seven-day week, spread to all days of such week in daily normal periods of transmission: provided that if the total period of transmissions has to be reduced so that the time allotted to programmes for the greek community should fall below seventy-five hours in a seven-day week, then the time allotted to programmes for the turkish community in any such week should be reduced by the same number of hours as that by which the time allotted to programmes for the greek community is reduced below such hours; provided further that if the time allotted to programmes for the greek community is increased above one hundred and forty hours in a seven-day week, then the time allotted to programmes for the turkish community shall be increased in the ratio of three hours for the turkish community to every seven hours for the greek community. in vision broadcasting there shall be allotted three transmission days to the programmes for the turkish community of every ten consecutive transmission days and the total time allotted to the programmes for the turkish community in such ten transmission days shall be in the ratio of three hours to seven hours allotted to programmes for the greek community in such ten transmission days. all official broadcasts in sound and vision shall be made both in greek and turkish and shall not be taken into account for the purposes of calculating the time under this article. article 172 the republic shall be liable for any wrongful act or omission causing damage committed in the exercise or purported exercise of the duties of officers or authorities of the republic. a law shall regulate such liability. article 173 separate municipalities shall be created in the five largest towns of the republic, that is to say, nicosia, limassol, famagusta, larnaca and paphos by the turkish inhabitants thereof: provided that the president and the vice-president of the republic shall within four years of the date of the coming into operation of this constitution examine the question whether or not this separation of municipalities in the aforesaid towns shall continue. the council of the greek municipality in any such town shall be elected by the greek electors of the town and the council of the turkish municipality in such town shall be elected by the turkish electors of the town. in each such town a co-ordinating body shall be set up composed of two members chosen by the council of the greek municipality, two members chosen by the council of the turkish municipality and a president chosen by agreement between the two councils of such municipalities in such town. such coordinating body shall provide for work which needs to be carried out jointly, shall carry out joint services entrusted to it by agreement of the councils of the two municipalities within the town and shall concern itself with matters which require a degree of co-operation. article 174 within the limits of any such town no municipal tax, rate, fee or any other revenue shall be imposed or levied upon or collected from any person by any such municipality unless such person belongs to the same community as the municipality concerned: provided thatfees payable in connexion with the use of municipal markets, slaughter houses and other municipal places which are in the region within which the council of one of such municipalities in any such town exercises its jurisdiction; entertainment fees payable in connexion with premises or places in the region within which the council of one of such municipalities in any such town exercises its jurisdiction; such fees as may be agreed upon between the two councils of such municipalities in any such town for any services additional to, or in excess of, those usually rendered by a municipality, to a person not belonging to the community thereof, shall be paid to the council of such municipality: provided further that in case any service in the way of control, inspection and the like is rendered by one of the municipalities to a person belonging to the community of the other municipality in any such town any fees in aspect thereof shall be payable to the municipality rendering such service. article 175 no licence or permit shall be issued to any person by a municipality in any such town not belonging to the community of such municipality: provided that licences or permits relating to premises, places or build in operations in the region within which one of such municipalities in any such town exercises its jurisdiction shall be issued by the council of such municipality and any service, control or supervision in connexion with such licences or permits shall be performed by the council of such municipality and any such fee payable in respect thereof shall be collected by such council. article 176 nothing in articles 173 to 178, both inclusive, contained shall be construed as precluding a law to provide for town planning with respect to any such municipalities subject to the following conditions: the planning authority for any such town shall consist often members, out of whom seven shall be greeks and three shall be turks; all decisions of such authority shall be taken by an absolute majority: provided that no decision affecting a greek municipality shall be taken unless such majority includes the votes of at least four greek members, and no decision affecting a turkish municipality shall be taken unless such majority includes the votes of at least two turkish members; all matters of a town planning nature affecting any such town and any regulation of any such matter shall be entrusted exclusively to such planning authority. article 177 subject to the provisions of articles 173 to 178, both inclusive, each municipality in any such town shall exercise its jurisdiction and perform all its functions respectively within a region the limits of which shall be fixed for each municipality by agreement of the president and the vice-president of the republic. article 178 with regard to other localities, a special provision shall be made for the constitution of the organs of the municipalities in accordance, as far as possible, with the rule of proportional representation of the two communities. part xiii. final provisions article 179 subject to the provisions of article 1a, this constitution shall be the supreme law of the republic. no law or decision of the house of representatives or of any of the communal chambers and no act or decision of any organ, authority or person in the republic exercising executive power or any administrative function shall in any way be repugnant to, or inconsistent with, any of the provisions of this constitution or any obligation imposed on the republic as a result of its participation as a member state of the european union. article 180 the greek and the turkish texts of this constitution shall both be originals and shall have the same authenticity and the same legal force. any conflict between the two texts of this constitution shall be determined by the supreme constitutional court by reference to the text of the draft of this constitution signed at nicosia on the 6th april, 1960, in the joint constitutional commission together with the schedule of amendments thereto signed on 6th july, 1960 by representatives of the kingdom of greece, the republic of turkey and the greek and turkish cypriot communities, due regard being had to the letter and spirit of the zurich agreement dated the 11th february, 1959, and of the london agreement dated the 19th february, 1959. in case of ambiguity any interpretation of the constitution shall be made by the supreme constitutional court due regard being had to the letter and spirit of the zurich agreement dated the 1 1th february, 1959, and of the london agreement dated the 19th february, 1959. article 181 the treaty guaranteeing the independence, territorial integrity and constitution of the republic concluded between the republic, the kingdom of greece, the republic of turkey and the united kingdom of great britain and northern ireland, and the treaty of military alliance concluded between the republic, the kingdom of greece and the republic of turkey, copies of which are annexed to this constitution as annexes i and ii, shall have constitutional force. article 182 the articles or parts of articles of this constitution set out in annex iii hereto which have been incorporated from the zurich agreement dated 11th february, 1959, are the basic articles of this constitution and cannot, in any way, be amended, whether by way of variation, addition or repeal. subject to paragraph 1 of this article any provision of this constitution may be amended, whether by way of variation, addition or repeal, as provided in paragraph 3 of this article. such amendment shall be made by a law passed by a majority vote comprising at least two-thirds of the total number of the representatives belonging to the greek community and at least two-thirds of the total number of the representatives belonging to the turkish community. article 183 in case of war or other public danger threatening the life of the republic or any part thereof, the council of ministers shall have power, by a decision taken in this respect, to issue a proclamation of emergency: provided that the president and the vice-president of the republic shall. separately or conjointly, have a right of veto against any such decision which they shall exercise within forty-eight hours of the date when the decision has been transmitted to their respective offices. any such proclamation shall specify the articles of the constitution which shall be suspended for the duration of such emergency: provided that only the following articles of the constitution may be suspended by any such proclamation that is to say:-article 7, only in so far as it relates to death inflicted by a permissible act of war; article 10, paragraphs 2 and 3; article 11; article 13; article 16; article 17; article 19; article 21; article 23, paragraph 8, sub-paragraph (d); article 25 and article 27. the president and the vice-president of the republic shall, unless, separately or conjointly, they have exercised their right of veto as provided in paragraph i of this article, promulgate forthwith such proclamation by publication in the official gazette of the republic. a proclamation promulgated under the foregoing provisions of this article shall be laid forthwith before the house of representatives. if the house of representatives is not sitting it must be convened as soon as possible for this purpose. the house of representatives shall have the right to reject or confirm such proclamation of emergency. in the case of rejection the proclamation of emergency shall have no legal effect. in the case of confirmation the president and the vice-president of the republic shall promulgate forthwith such decision of the house of representatives by publication in the official gazette of the republic. the proclamation of emergency shall cease to operate at the expiration of two months from the date of confirmation by the house of representatives unless the house, at the request of the council of ministers, decides to prolong the duration of the state of emergency, whereupon the president and the vice-president of the republic, separately or conjointly, shall have a right of veto against such decision of prolongation to be exercised in accordance with article 50. 7 while a proclamation is in operation, notwithstanding anything in this constitution, the council of ministers if satisfied that immediate action is required may, subject to the right of veto of the president and the vice-president of the republic under article 57 to be exercised, separately or conjointly, make any ordinance strictly connected with the state of emergency having the force of law. if no right of veto is exercised under sub-paragraph (1) of this paragraph the president and the vice-president of the republic shall forthwith promulgate by publication in the official gazette of the republic such ordinance. such ordinance if not sooner revoked shall cease to be in force at the expiration of the emergency. article 184 where any ordinance promulgated in pursuance of sub-paragraph (2) of paragraph 7 of article 183 provides for preventive detentionthe authority on whose order any person is detained under that ordinance shall, as soon as may be, inform him of the grounds for his detention and, subject to paragraph 3 of this article, the allegations of fact on which the order is based, and shall give him the opportunity of making representations against the order as soon as may be; no citizen shall be detained under that ordinance for a period exceeding one month unless an advisory board constituted as mentioned in paragraph 2 of this article has considered any representations made by him under sub-paragraph (a) of this paragraph and has reported, before the expiration of that period, that there is in its opinion sufficient cause for the detention. an advisory board constituted for the purposes of this article shall consist of a chairman, who shall be appointed jointly by the president and the vice-president of the republic from among persons who are or have been judges of the high court or are qualified to be judges of such court, and two other members, who shall be appointed jointly by the president and the vice-president of the republic after consultation with the president of the high court. this article does not require any authority to disclose facts of which disclosure would in its opinion be against the national interest. article 185 the territory of the republic is one and indivisible. the integral or partial union of cyprus with any other state or the separatist independence is excluded. article 186 in this constitution, unless it is otherwise expressly provided or required by the context"community" means the greek or the turkish community; "court" includes any judge thereof; "greek" means a member of the greek community as defined in article 2; "law" when used in relation to the period after the coming into operation of this constitution means a law of the republic; "person" includes any company, partnership, association, society, institution or body of persons, corporate or unincorporate; "republic" means the republic of cyprus; "turk" or "turkish" means a member of the turkish community as defined in article 2; words importing the masculine gender include females and words in the singular include the plural and vice-versa. where a power is conferred by this constitution to make any order, rules, regulations or bye-laws or to give any directions the power shall be construed as including a power exercisable in like manner to amend or revoke any such order, rules, regulations, bye-laws or directions. transitional provisions article 187 any person electedas first president or first vice-president of the republic; as a member of the house of representatives or of any communal chamber, under any law in force immediately before the date of the coming into operation of this constitution shall be deemed to be the president of the republic or the vice-president of the republic, a member of the house of representatives or a member of the communal chamber concerned, elected respectively under the provisions of this constitution. all laws and regulations relating to elections expired on the date of the coming into operation of this constitution and notwithstanding such expiration shall continue to be in force until a new electoral law is made by the house of representatives or by any communal chamber, as the case may be, and in any case not later than eighteen months of the date of the coming into operation of this constitution with regard to any by-election to fill any vacancy occurring during such period in the office of the president of the republic, the vice-president of the republic, any representative or any member of a communal chamber. article 188 subject to the provisions of this constitution and to the following provisions of this article, all laws in force on the date of the coming into operation of this constitution shall, until amended, whether by way of variation, addition or repeal, by any law or communal law, as the case may be, made under this constitution, continue in force on or after that date, and shall, as from that date be construed and applied with such modification an may be necessary to bring them into conformity with this constitution. save where otherwise provided in the transitional provisions of this constitution no provision in any such law which is contrary to, or inconsistent with, any provision of this constitution and no law which under article 78 requires a separate majority shall so continue to be in force: provided that the laws relating to the municipalities may continue to be in force for a period of six months after the date of the coming into operation of this constitution and any law imposing duties or taxes may continue to be in force until the 31st day of december, 1960. in any such law which continues in force under paragraph 1 of this article, unless the context otherwise requiresany reference to the colony of cyprus or to the "crown" shall, in relation to any period beginning on or after the date of the coming into operation of this constitution, be construed as a reference to the republic; any reference to the governor or the governor in council shall, in relation to any such period, be construed as a reference to the president and the vice-president of the republic, separately or conjointly, according to the express provisions in this constitution, to the house of representatives in matters relating to exercise of legislative power other than those expressly reserved to the communal chambers, to the communal chamber concerned in all matters within its competence under this constitution, and to the council of ministers in matters relating to exercise of executive power; any reference to the administrative secretary or the financial secretary, shall in relation to any such period, be construed as a reference to the ministry or independent office of the republic for the time being charged with responsibility for the subject in relation to which reference is made; any reference to the attorney-general or the solicitor-general, shall, in relation to any such period, be construed as a reference to the attorney-general of the republic or the deputy attorney-general of the republic respectively; any reference to any other person holding a public office or to any authority or body, shall, in relation to any such period, be construed as a reference to the corresponding public officer or corresponding authority, body or office of the republic. any court in the republic applying the provisions of any such law which continues in force under paragraph 1 of this article, shall apply it in relation to any such period, with such modification as may be necessary to bring it into accord with the provisions of this constitution including the transitional provisions thereof. in this article " law" includes any public instrument made before the date of the coming into operation of this constitution by virtue of such law; "modification" includes amendment, adaptation and repeal. article 189 notwithstanding anything in article 3 contained, for a period of five years after the date of the coming into operation of this constitutionall laws which under article 188 will continue to be in force may continue to be in the english language; the english language may be used in any proceedings before any court in the republic. article 190 subject to the ensuing provisions of this article any court existing immediately before the date of the coming into operation of this constitution shall, notwithstanding anything in this constitution, as from that date and until a new law is made regarding the constitution of the courts of the republic and in any event not later than four months from that date, continue to function as hitherto but constituted, as far as practicable, in accordance with the provisions of this constitution: provided that any pending proceedings, civil or criminal, part heard on the date of the coming into operation of this constitution shall continue and be disposed of, notwithstanding anything contained in this constitution, by the court as constituted in such a case. notwithstanding anything in this constitution and until the supreme constitutional court established thereunder is constituted within a period not later than three months of the date of the coming into operation of this constitution, the registry of the high court shall be the registry of the supreme constitutional court. the registry of the high court shall be deemed to be the registry of the supreme constitutional court for all its purposes, including a recourse, until such court is constituted; the constitution of such court shall be effected not later than three months of the date of the coming into operation of this constitution. in computing any time with regard to a recourse to the supreme constitutional court under the provisions of this constitution, the period between the date of the coming into operation of this constitution and the constitution of such court as aforesaid shall not be counted. the supreme court existing immediately before the date of the coming into operation of this constitution shall be deemed to be the high court as established under this constitution until the constitution of such court under the provisions thereof, the constitution of such court shall be made not later than three months of the date of the coming into operation of this constitution: provided that a reference to the chief justice shall be a reference to the senior member of such court, and such court shall be deemed to be validly constituted during such period notwithstanding that its membership shall be below four. article 191 any proceedings pending on the date of the coming into operation of this constitution in which the attorney-general on behalf of the government of the colony of cyprus or any department or officer thereof is a party shall continue, on and after such date, with the republic or its corresponding office or officer being substituted as a party. article 192 save where other provision is made in this constitution any person who, immediately before the date of the coming into operation of this constitution, holds an office in the public service shall, after that date, be entitled to the same terms and conditions of service as were applicable to him before that date and those terms and conditions shall not be altered to his disadvantage during his continuance in the public service of the republic on or after that date. subject to paragraph i of this article the judges of the supreme court other than the chief justice and the judges and magistrates of the subordinate courts holding office immediately before the date of the coming into operation of this constitution shall, notwithstanding anything contained in articles 153 and 157, as from that date continue to hold their respective offices as if they had been duly appointed thereto under the provisions of those articles until an appointment is made under the provisions of those articles and the provisions of this constitution shall apply to them accordingly. where any holder of an office mentioned in paragraphs 1 and 2 of this article is not appointed in the public service of the republic he shall be entitled, subject to the terms and conditions of service applicable to him, to just compensation or pension on abolition of office terms out of the funds of the republic whichever is more advantageous to him. subject to paragraph 5 of this article any holder of an office mentioned in paragraphs i and 2 of this article whose office comes, by the operation of this constitution, within the competence of a communal chamber, may, if he so desires, waive his rights under paragraph 3 of this article and choose to serve under such communal chamber and in such a case such holder of such office shall be entitled to receive from the republic any retirement pension, gratuity or other like benefit to which he would have been entitled under the law in force immediately before the date of the coming into operation of this constitution in respect of the period of his service before such date if such period by itself or together with any period of service under such communal chamber would, under such law, have entitled him to any such benefit. any teacher who, immediately before the date of the coming into operation of this constitution, was a serving teacher and was in receipt of remuneration out of the public funds of the colony of cyprus and whose office comes, by the operation of this constitution, within the competence of a communal chamber shall be entitled to receive from the republic any retirement pension, gratuity or other like benefit to which he would have been entitled under the law in force before the date of the coming into operation of this constitution in respect of the period of his service before such date if such period by itself or together with any period of service under such communal chamber would, under such law, have entitled him to any such benefit. any person who, immediately before the date of the coming into operation of this constitution, being in the public service of the colony of cyprus is on leave prior to retirement therefrom or on transfer from that service to any service other than that of the republic shall, irrespective of whether he is a citizen of the republic or not, continue to be entitled to the same terms and conditions of service as were applicable to him under such circumstances before that date and such terms and conditions shall not be altered to his disadvantage. for the purposes of this article"public service" in relation to service before the date of the coming into operation of this constitution means service under the government of the colony of cyprus and in relation to service after that date means service in a civil capacity under the republic and includes service as a member of the security forces of the republic; "terms and conditions of service" means, subject to the necessary adaptations under the provisions of this constitution, remuneration, leave, removal from service, retirement pensions, gratuities or other like benefits. save as provided in paragraph 6 of this article nothing in this article shall apply to a person who is not a citizen of the republic. article 193 any person who, immediately before the date of the coming into operation of this constitution, was in receipt of any pension or other retirement benefit out of the public funds, including the widows' and orphans' pension fund. of the colony of cyprus shall on and after the date of the coming into operation of this constitution, continue to be paid such pension or other retirement benefit out of the public funds of the republic under the same terms and conditions as were applicable to such pensions or other retirement benefits immediately before the date of the coming into operation of this constitution or under terms and conditions made thereafter not less favourable to that person and applicable to his case. article 194 the eligibility of any person to receive a pension under the widows' and orphans' pension fund shall, on and after the date of the coming into operation of this constitution, continue to be subject to the same terms and conditions as were in force immediately before the date of the coming into operation of this constitution and shall not be altered to the disadvantage of any such person so long as such eligibility remains. article 195 notwithstanding anything in this constitution contained, the person elected as first president of the republic and the person elected as first vice-president of the republic, who under article 187 are deemed to be the first president and the first vice-president of the republic, whether before or after their investiture as in article 42 provided, conjointly shall have, and shall be deemed to have had, the exclusive right and power to sign and conclude on behalf of the republic the treaty concerning the establishment of the republic of cyprus between the republic, the kingdom of greece, the republic of turkey and the united kingdom of great britain and northern ireland together with the exchanges of notes drawn up for signature with that treaty, and the treaty guaranteeing the independence, territorial integrity and constitution of the republic, between the republic, the kingdom of greece, the republic of turkey and the united kingdom of great britain and northern ireland, the treaty of military alliance between the republic, the kingdom of greece and the republic of turkey and the agreement between the republic, the kingdom of greece and the republic of turkey for the application of the treaty of alliance concluded between these countries, and such treaties, agreements and notes exchanged shall be thus validly concluded on behalf of the republic and shall be operative and binding as from the date on which they have been so signed. article 196 the term of office of the first communal chambers shall commence on the date of the coming into operation of this constitution. article 197 any movable or immovable property, or any right or interest thereon, which, immediately before the date of the coming into operation of this constitution, was vested in, held by, or registered in the name of, the government of the colony of cyprus or any other person or body, for and on behalf of, or in trust for, any school, or other body or institution which come, by or under the provisions of is constitution, within the competence of the communal chambers shall, as from that date, be vested in, and be held by such person, body or authority as provided by a law of the respective communal chamber subject to such terms and conditions as such communal law may provide: provided that no such law shall direct that any such property shall vest in, or be held by, the communal chamber itself. nothing in this article contained shall apply to any bequest or other donation administered by trustees or to any vakf in connexion with any educational purposes. article 198 the following provisions shall have effect until a law of citizenship is made incorporating such provisions any matter relating to citizenship shall be governed by the provisions of annex d to the treaty of establishment; any person born in cyprus, on or after the date of the coming into operation of this constitution, shall become on the date of his birth a citizen of the republic if on that date his father has become a citizen of the republic or would but for his death have become such a citizen under the provisions of annex d to the treaty of establishment. for the purposes of this article "treaty of establishment" means the treaty concerning the establishment of the republic of cyprus between the republic, the kingdom of greece, the republic of turkey and the united kingdom of great britain and northern ireland. article 199 the turkish communal chamber shall have the right to receive from the government of the united kingdom of great britain and northern ireland the sums specified in the notes exchanged between the governor of the colony of cyprus, on behalf of the government of the united kingdom and the representatives of the turkish community of cyprus drawn up for signature on 6th july, 1960. none of the provisions of this article shall be construed as limiting the right of either of the two communities on the basis of the constitution. annex i (article 181) (here insert the treaty guaranteeing the independence, territorial integrity and constitution of the republic concluded between the republic, the kingdom of greece, the republic of turkey and the united kingdom of great britain and northern ireland.) annex ii (article 181) (here insert the treaty of military alliance concluded between the republic, the kingdom of greece and the republic of turkey.) annex iii. list of basic articles of the constitution (article 182) articles 3 paragraphs 1 and 2 4 paragraph 1 paragraph 2 in so far as it relates to the authorities of the republic paragraph 3 in so far as it relates to communal authorities paragraph 4 in so far as it relates to citizens of the republic 5 23 paragraph 4 in so far as it relates to the republic or a municipal corporation and sub-paragraph (c) thereof paragraph 5 in so far as it relates to the use of compulsorily acquired property by the republic or a municipal corporation and its restoration to the owner paragraph 6 paragraph 11 in so far as the compulsory acquisition is made by the republic or a municipal corporation and in so far as this paragraph relates to the recourse to the courts and its suspending effect 36 paragraph 2 39 paragraph i in so far as it relates to universal suffrage 42 paragraph 1 except the text of the affirmation other than its part relating to faith to, and respect for, the constitution paragraph 2 43 paragraph i in so far as it relates to the five years' period 44 paragraphs 2 and 4 46 except its fourth paragraph 50 paragraph 1 except the part of its sub-paragraph (a) items (i) to (vi) both inclusive 51 paragraphs 1 and 2 paragraph 3 except for the time of thirty days provided for the budget paragraphs 4 and 6 52 except its part relating to the recourse to the supreme constitutional court under article 140 53 paragraphs 1, 2 and 3 57 paragraph 2 except its part relating to time limits and its proviso paragraph 3 except its part relating to time limits paragraph 4 in so far as it relates to promulgation 61 62 paragraph 2 in so far as it relates to the percentages, to the separate and universal suffrage and to the proportion being independent of any statistical data 65 paragraph i in so far as it relates to the five years' period 78 articles 86 87 paragraph i sub-paragraphs (a) to (e) both inclusive and sub-paragraph (f) except its final words referring to article 88 89 paragraph 1 sub-paragraphs (b) and (c) and paragraphs 2 and 3 92 in so far as it relates only to the determination of the number of its members by the communal chambers 108 112 paragraph 1 except its part relating to qualifications 115 paragraph 1 except its part relating to qualifications 118 paragraph i except its part relating to qualifications 123 126 paragraph 1 except its part relating to qualifications 129 130 131 132 133 paragraph i except the proviso to it sub-paragraph (2) 137 paragraph 1 paragraph 3 only in so far as it relates to the suspension of the laws or decisions paragraph 4 except its proviso 138 paragraph 1 139 paragraph i in so far as it relates to conflict of competence between the house of representatives and the communal chambers 153 paragraph 1 except the proviso to its sub-paragraph (2) 157 paragraphs 1 and 2 159 paragraphs 1,2, 3, and 4 160 paragraph i its part which provides the matter with which the courts are dealing paragraph 3 except its proviso 170 173 paragraph i except the names of the towns paragraph 3 except its part relating to the carrying out of joint services entrusted to the co-ordinating body 178 181 182 185 paragraph 2 186 preamble we, representative of the dominican people, freely and democratically elected, assembled in the national revisory assembly, invoking the name of god, guided by the ideology of our founding fathers, juan pablo duarte, matías ramón mella and francisco del rosario sánchez, and the heroes of the restoration of establishing a free, independent, sovereign and democratic republic, inspired by the examples of the struggles and sacrifices of our immortal heroes and heroines, propelled by the selfless work of our men and women, ruled by the supreme values and the fundamental principles of human dignity, liberty, equality, the rule of law, justice, solidarity, and fraternal coexistence, social well-being, ecological equilibrium, progress and peace, essential factors for social cohesion, we declare our desire to promote the unity of the dominican nation, for which in an exercise of our free determination we adopt and proclaim the following title i. on the nation, the state, its government and its fundamental principles chapter i. on the nation, its sovereignty and its government article 1. organization of the state the dominican people constitute a nation organized as a free and independent state, named the dominican republic. article 2. popular sovereignty sovereignty resides exclusively with the people, from whom flow all of the powers, which they exercise through their representatives or directly in the terms established by this constitution and the law. article 3. inviolability of the sovereignty and the principle of non-intervention the sovereignty of the dominican nation, a state free and independent of all foreign power is inviolable. no public power organized by the present constitution may realize or permit the occurrence of acts that constitute an intervention either direct or indirect in either internal or external matters of the dominican republic or an interference that threatens the personality and integrity of the state and the characteristics recognizes and enshrined in this constitution. the principle of non-intervention constitutes an invariable norm of dominican international policy. article 4. government of the nation and separation of powers the government of the nation is essentially civilian, republican, democratic, and representative. it is divided in the legislative power, the executive power, and the judicial power. these three powers are independent in the exercise of their respective duties. their officials are responsible and may not delegate their responsibilities, which are determined solely by this constitution and the law. article 5. basis of the constitution the constitution is based on the respect for human dignity and the indivisible unity of the nation, common fatherland of all dominican men and women. article 6. supremacy of the constitution all people and bodies that exercise public authority are subject to the constitution, supreme law and basis of the legal system of the state. all laws, decrees, resolutions, regulations or acts contrary to this constitution are null of plain right. chapter ii. on the social and democratic state of law article 7. social and democratic state of law the dominican republic is a social and democratic state of law, organized in the form of a single republic, bases on the respect of human dignity, fundamental rights, work, popular sovereignty, and the separation and independence of the public powers. article 8. basic function of the state the effective protection of the rights of the person, the respect of their dignity and the securing of means that allow for their perfection in an egalitarian, equitable and progressive way, within a framework of individual liberty and social justice, compatible with the public order, the general well-being and the rights of all is an essential function of the state. chapter iii. on the national territory section i. on the conformation of the national territory article 9. national territory the territory of the dominican republic is inalienable. it is composed of: the eastern part of the island of santo domingo, its adjacent islands and the combination of natural elemental and its marine geomorphology. its irreducible land borders are fixed by the borderland treaty of 1929 and its revision protocol of 1936. the national authorities safeguard the care, protection and maintenance of the markers that identify the plot of the line of border demarcation, in accordance with the resolution of the borderland treaty and the norms of international law. the territorial ocean, the corresponding ocean floor and sub ocean floor. the extension of the territorial ocean, its baselines, contiguous zone, exclusive economic zone and the continental platform shall be established and regulated by the organic law or by agreements on the delineation of marine borders, in the most favorable terms permitted by maritime law. the air space over the national territory, the electromagnetic spectrum and the space where it acts. the law shall regulate the use of these spaces in accordance with the norms of international law. paragraph the public powers shall procure the preservation of the national rights and interests in airspace in the framework of international agreements, with the objective of securing and improving communication and the population’s access to the assets and services developed there. section ii. on the security system and borderland development article 10. borderland system security, economic, social, and touristic development of the borderland zone, its transportation, communication, and productive integration, as well as the spread of national and cultural values of the dominican people are declared to be of supreme and permanent national interest. the public powers shall devise, execute, and prioritize policies and programs of public investment in social and infrastructure works in order to secure these objectives; the systems of acquisition and transference of real estate in the borderlands zone shall be subject to specific legal requirements that favor the property of dominicans and the national interest. article 11. borderlands treaties the sustainable use and the protection of borderlands rivers, the use of the international highway and the preservation of the borderland stations using geodesic points are ruled by the principles established in the revision protocol of the year 1936 from the border treaty of 1929 and the treaty of peace, perpetual friendship and arbitrage of 1929 endorsed by the republic of haiti. section iii. on the political administrative division article 12. political administrative division for the government and the administration of the state, the territory of the republic is politically divided in a national district and the regions, provinces, and municipalities determined by law. the regions shall be composed of the provinces and municipalities established by law. article 13. national district the city of santo domingo de guzman is the national district, capital of the republic and seat of the national government. chapter iv. on natural resources article 14. natural resources nonrenewable natural resources that are found in the territory and in the marine areas under national jurisdiction, genetic resources, biodiversity, and the radio-electric spectrum are national patrimony. article 15. water resources water constitutes an inalienable, imprescriptible strategic national patrimony for the use of the public that is not subject to seizure and is essential for life. human consumption of water takes priority over any other use. the state shall promote the planning and implementation of effective policies for the protection of the water resources of the nation. paragraph the high watersheds of the rivers and the zones of endemic, native and migratory biodiversity, are subjects of special protection by the public powers in order to guarantee their management and preservation as fundamental assets of the nation. the rivers, lakes lagoons, beaches and national coasts belong to the public domain and are freely accessible, always respecting the right to private property. the law shall regulate the conditions, forms and rights in which individuals shall access the enjoyment or management of these areas. article 16. protected areas wildlife, the conservation units that compose the national system of protected areas and the ecosystems and species that they contain constitute patrimonial assets of the nation and are inalienable, imprescriptible, and not subject to seizure. the limits of the protected areas may only be reduced by law with the approval with two thirds of the votes of the members of the chambers of the national congress. article 17. exploitation of natural resources mining deposits of hydrocarbons and, in general, nonrenewable natural resources may only be explored and exploited by private citizens, under sustainable environmental guidelines, according to the concessions, contracts, licenses, permits or fees, in conditions determined by law. the private citizens my exploit renewable natural resources in a reasonable manner with the conditions, responsibilities and limitations dictated by law. accordingly: the exploration and exploitation of hydrocarbons in the national territory and in the marine areas under the national jurisdiction is declared to be of high public interest; the reforestation of the country, the conservation of the forests and the renewal of forestry resources are declared to be a national priority and in the social interest. the preservation and reasonable exploitation of living and non-living resources from national marine areas, especially the joining of shoals and emersions within the national policy of marine development are declared a national priority; the benefits received by the state for the exploitation of natural resources shall be dedicated to the development of the nation and the provinces where they were found, under the proportions and conditions set by law. chapter v. on the population section i. on nationality article 18. nationality the following are dominicans: the sons and daughters of a dominican mother or father; those who enjoyed dominican nationality before the entry into effect of this constitution; people born in the national territory, with the exception of the sons and daughters of foreign members of diplomatic and consular legations, of foreigners that find themselves in transit or reside illegally in dominican territory. all foreigners are considered people in transit as defined in dominican laws. those born abroad to a dominican mother or father, notwithstanding having acquired by the place of birth a nationality different from those of their parents. once having reached the age of eighteen, they may demonstrate their desire, before the appropriate authority, to assume dual nationality or to renounce one of theirs; those who enter into marriage with a dominican, as long as they choose the nationality of their spouses and fulfill the requirements established by law; the direct descendants of dominicans residing abroad; naturalized people, in accordance with the conditions and processes required by law. paragraph the public powers shall apply special policies to conserve and strengthen the ties of the dominican nation with its nationals abroad, with the essential goal of achieving greater integration. article 19. naturalization foreigners may become naturalized in accordance with the law, they may not vote for the presidency or vice-presidency of the powers of the state, nor are they obligated to take up arms against their state of origin. the law shall regulate other limitations on naturalized people. article 20. double nationality the ability of dominicans to acquire a foreign nationality is recognized. the acquisition of another nationality does not imply the loss of dominican nationality. paragraph dominicans that adopt another nationality, by a voluntary act or by their place of birth, may aspire to the presidency or vice-presidency of the republic if they renounce their acquired nationality ten year prior to the election and reside in the country during the ten years previous to the post. nevertheless, they may occupy other elected or ministerial offices or of diplomatic representation of the country abroad and in international bodies, without renouncing the acquired nationality. section ii. on citizenship article 21. acquisition of citizenship all dominicans who are eighteen years of age and those who are or have been married, even though they have not reached this age, enjoy citizenship. article 22. rights of citizenship the following are rights of citizens: to elect to and be eligible for posts established by the present constitution; to decide on matters that are proposed to them by referendum; to exercise the right of popular, legislative, and municipal initiative, under the conditions established by this constitution and the law; to formulate petitions to the public powers in order to petition measures in the public interest and to obtain a response from the authorities in the period established by the laws passed on this subject; to denounce errors committed by public officials in the performance of their duties. article 23. loss of the rights of citizenship the rights of citizenship are lost by irrevocable condemnation in cases of treason, espionage, conspiracy as well as for taking up arms and for aiding or participating in attempts of deliberate damages against the interests of the republic. article 24. suspension of the rights of citizenship the rights of citizenship are suspended in cases of: irrevocable condemnation to a criminal sentence, until that sentence is over; legally pronounced judicial interdiction, while it lasts; the acceptance in dominican territory of offices or public duties for a foreign government or state without prior authorization from the executive power; violation of the conditions by which naturalization was authorized. section iii. on the regime of foreigners article 25. regime of foreigners foreigners have the same rights and duties as nationals in the dominican republic, with the exceptions and limitations that this constitution and the laws establish; consequently: they may not participate in political activities within the national territory, unless in exercising the right to suffrage of their country of origin; they have the responsibility of registering themselves in the book of foreigners, in accordance with the law; they may resort to diplomatic protection after having exhausted the resources and processes before the national jurisdiction, except as provided international conventions. chapter vi. on international relations and international law section i. on the international community article 26. international relations and international law the dominican republic is a state member of the international community, open to cooperation and tied to the norms of international law, consequently: it recognizes and applies the norms of international law, general and american, in the method in which its public powers have adopted them; the norms in effect from international ratified agreements shall rule in the internal realm, once published in an official manner; the international relations of the dominican republic are based and ruled by the affirmation and promotion of its national values and interests, respect for human rights and international law; in equality of conditions with other states, the dominican republic accepts an international judicial system that guarantees respect of fundamental rights, peace, justice, and political, social, economic and cultural development of nations. it promises to act on the international, regional, and national levels in a manner compatible with national interests, the peaceful coexistence between peoples and the duties of solidarity with all nations. the dominican republic shall promote and favor integration with the nations of america, toward the end of strengthening a community of nations that defends the interests of the region. the state may enter into international treaties in order to promote the common development of the nations, that safeguard the well-being of the peoples and the collective security of their inhabitants, and in order to confer supranational organizations the required abilities to participate in processes of integration; it declares itself in favor of economic solidarity between the countries of america and supports all initiatives in defense of its basic products, raw materials, and biodiversity. section ii. representatives of popular election before international parliaments article 27. representatives the dominican republic shall have representatives before international parliaments with which it has signed agreements that recognize its participation and representation. article 28. requirements in order to be a representative before international parliaments one must be dominican in full exercise of civil and political rights and responsibilities and have reached an age of 25. chapter vii. on the official language and national symbols article 29. official language the official language of the dominican republic is spanish. article 30. national symbols the national symbols are the national flag, the national coat of arms, and the national hymn. article 31. national flag the national flag is composed of the colors ultramarine blue and vermillion red, in alternating quarters, located in such a way that the blue is in the upper part of the flagpole, separated by a white cross half the width of the height of a quarter and that carries in its center the national coat of arms. the merchant flag is the same as the national, but without the coat of arms. article 32. the national coat of arms the national coat of arms has the same colors as the national flag used in the same way. it carries in its center the bible open to the gospel of saint john, chapter 8, verse 32, and above the cross, which come from a trophy formed by two lances and four national flags without the coat of arms, facing both sides; it carries a branch of laurel on the left side and one of palm on the right side. it is crowned by an ultramarine blue ribbon which reads the motto “god, country, and liberty”. at the base there is another ribbon, this one vermillion red, its ends are oriented upwards with the words “dominican republic”. the form of the national coat of arms is of a rectangle, with the upper corners projecting and the lower ones rounded, the base at the center of which ends in a point and is oriented in a way in which a perfect square results from tracing a horizontal line that unites the two verticals of the rectangle from where the lower corners begin. article 33. national hymn the national hymn is the musical composition of josé reyes with the lyrics of emilio prud’homme, and it is unique and invariable. article 34. national motto the national motto is “god, country, and liberty”. article 35. national holidays the 27th of february and 16th of august, anniversaries of the independence and the restoration of the republic, respectively, are declared national holidays. article 36. regulation of the national symbols the law shall regulate the use of the national symbols and the dimensions of the national flag and the national coat of arms. title ii. on fundamental rights, guarantees and duties chapter i. fundamental rights section i. civil and political rights article 37. right to life the right to life is inviolable from conception until death. the death penalty may not be established, pronounced, nor applied in any case. article 38. human dignity the state bases itself on respect for the dignity of the person and organizes itself for the real and effective protection of the fundamental rights that are inherent to it. the dignity of the human being is sacred, innate, and inviolable; its respect and protection constitute an essential responsibility of the public powers. article 39. right to equality all people are born free and equal before the law, receive the same protection and treatment from institutions, authorities, and other people and enjoy the same rights liberties and opportunities, without any discrimination for reasons of gender, color, age, disability, nationality, family ties, language, religions, political or philosophical opinion, social or personal condition. consequently: the republic condemns all privilege and situation that tends to fracture the equality of dominicans, between whom differences beyond those resulting from their talents or virtues should not exist; no entity of the republic may give titles of nobility nor hereditary distinctions; the state should promote judicial and administrative conditions so that equality may be real and effective and shall adopt methods to prevent and combat discrimination, marginalization, vulnerability and exclusion; women and men are equal before the law. any act that has the objective or result of diminishing or annulling the recognition, enjoyment or exercise of fundamental rights of woman and men in conditions of equality is prohibited. the state should promote and guarantee the equal participation of women and men in candidate lists to the offices of popular election for the instances of guidance and decision in the public sphere, in the administration of justice, and in the state-controlled bodies. article 40. right to liberty and personal security all people have a right to liberty and personal security. accordingly: no one may be sent to prison or denied his liberty without an order caused and written by the appropriate judge, except in cases of flagrante delicto; every authority that exercises measures to deprive liberty is obligated to identify himself. all people, at the moment of their detention, shall be informed of their rights; all detained people have the right to communicate immediately with their families, lawyer, or trusted people, who have the right to be informed of the location of the detained person and of the reasons for the detention; all people deprived of their liberty shall be submitted to the appropriate judicial authority within forty-eight hours of their detention or freed. the appropriate judicial authority shall notify the interested person, within the same time period, of the decision dictated to that effect. all people deprived of their liberty without cause or without the legal formalities or outside of cases provided for by law, shall be immediately freed at his request or at that of any other person. all people may be freed once the imposed penalty has been completed or an order for freedom has been given by the appropriate authority; no one may be submitted to methods of coercion unless by his own making; the methods of coercion, restrictive of personal liberty, are of special character and their application should be proportional to the danger that they attempt to guard against; physical constraint may not be established for debts that do not come from an infraction against the penal laws; every person that has a detained person under their guard is obligated to present him as soon as is required by the appropriate authority; the transfer of any detained person from a prison to another location without an order written and caused by the appropriate authority is strictly prohibited; no one may be condemned or punished for actions or omissions that at the time of taking place did not constitute a criminal or administrative infraction; no one is criminally responsible for that done by another; no one can be obligated to do that which the law does not order nor kept from doing that which the law does not prohibit. the law is equal for all: it may only order that which is just and useful for the community and it may not prohibit more than what is harmful. punishments that deprive freedom and the means of security shall be oriented towards reeducation and social reinsertion of the condemned person and may not consist of forced work; in the exercise of the sanctioning power established by law, the public administration may not impose sanctions that implicate the deprivation of liberty in a direct or subsidiary form. article 41. prohibition of slavery slavery, serfdom, and the trade and traffic of persons are prohibited in all their forms. article 42. right to personal integrity all people have the right to have their physical, psychic, moral integrity and the right to live without violence respected. they shall have the protection of the state in cases of threat, risk, or violation of the same. consequently: no one may be submitted to punishments, tortures, or degrading proceedings that imply the loss or decrease of his health or of his physical or psychic integrity; familial and gender based violence in any of its forms is condemned. the state shall guarantee through the law the adoption of necessary methods to prevent, sanction, and eradicate violence against women; no one may be submitted, without prior consent to experiments or proceedings that do not conform to internationally recognized scientific and bioethical norms, nor to examinations of medical proceedings, except when his life is in danger. article 43. right to free development of the personality all people have the right to the free development of their personality, without more limitations than those imposed by judicial order and the rights of others. article 44. right to privacy and to personal honor all people have the right to privacy. the respect and non-interference into private and family life, the home, and private correspondence are guaranteed. the right to honor, good name, and one’s own image are recognized. all authorities or individuals who violate them are obligated to compensate or repair them in accordance with the law. thus: the home and domicile and all private premises of the person are inviolable, except in ordered cases, in accordance with the law, by the appropriate judicial authority or in cases of flagrante delicto; all persons have the right to access to the information and facts about them or their property that reside in official or private registers, as well as to know the destination and the uses of the same, with the limitations fixed by law. treatment of personal facts or information or that regarding property shall be made respecting the principles of quality, lawfulness, loyalty, security, and finality. one may solicit the updating, oppose the treatment, rectification, or destruction of that information that illegitimately affects his rights from before the appropriate judicial authority; the inviolability of private correspondence, documents, or messages in physical, digital, electronic, or all other formats is recognized. they may only be taken, intercepted, or searched by order of an appropriate judicial authority through legal proceeding in the substantiation of matters that are made public in the case and preserving the secrecy of private matters that are not related to the corresponding process. the secrecy of telegraphic, telephonic, cable, electronic, teleprocessing communication or that established by another mode is inviolable, unless by authorities authorized by a judge or appropriate authority, in accordance with the law; the management, use, or processing of data and information of official character gathered by authorities tasked with the prevention prosecution, and punishment of crime may only be processed or communicated to public registers, after the opening of a trial has intervened, in accordance with the law. article 45. freedom of conscience and religion the state guarantees the freedom of conscience and religion, subject to the public order and respect to good customs. article 46. freedom of travel all persons that find themselves in the national territory have the right to travel, reside, and leave freely from the same, in accordance with legal dispositions. no dominican may be deprived of the right to enter the national territory. nor may he be expulsed or exiled from the same, except in the case of extradition pronounced by an appropriate judicial authority, in accordance with the law and international agreements in effect on the subject; all persons have the right to apply for asylum in the national territory in the case of persecution for political reasons. those who find themselves in the condition of asylum shall enjoy protection that guarantees the full exercise of their rights, in accordance with the international agreements, norms, and instruments signed and ratified by the dominican republic. terrorism, crimes against humanity, administrative corruption, and transnational crimes are not considered political crimes. article 47. freedom of association all persons have the right to associate with legal purposes, in accordance with the law. article 48. freedom of assembly all persons have the right to meet, without prior permission, with lawful and peaceful purposes, in accordance with the law. article 49. freedom of expression and information all persons have the right to freely express their thoughts, ideas, and opinions by any medium, without having allowed for prior censorship. all persons have the right to information. this right encompasses searching for, researching, receiving, and spreading information of all types, of a public character, by any medium, channel or way, in accordance with the determinations of the constitution and the law. all information media have free access to the official and private sources of information of public interest, in accordance with the law. the professional secret and the conscience clause of the journalist are protected by the constitution and the law. all persons have the right to reply and to correction when they feel damaged by information that has been spread. this right shall be exercised in accordance with the law. the law guarantees the equal and plural access of all the social and political sectors to the means of communication that are property of the state. paragraph the enjoyment of these liberties shall be exercised respecting the right to honor and to privacy as well as the dignity and morale of people, especially the protection of youth and children, in accordance with the law and the public order. section ii. on economic and social rights article 50. freedom of enterprise the state recognizes and guarantees free enterprise, commerce, and industry. all persons have the right to freely dedicate themselves to the economic activity of their preference, without more limitations than those prescribed in this constitution and those established by the law. monopolies shall not be permitted, except in favor of the state. the creation and organization of these monopolies shall be made by law. the state favors and safeguards free and loyal competition and shall adopt the necessary methods to avoid the harmful and restrictive effects of monopoly and of the abuse of the dominant position, establishing by law exceptions for cases of national security. the state may dictate methods to regulate the economy and to promote national plans for competitiveness and to spur the integral development of the country the state may grant concessions for the time and the form determined by law, when they are about the exploitation of natural resources or the extension of public services, always ensuring the existence of adequate remuneration or compensation in public interest and for the environmental equilibrium. article 51. right of property the state recognizes and guarantees the right of property. property has a social function and implies obligations. all persons have the right to the full use, enjoyment, and disposal of their assets. no one may be deprived of his property, unless for a justified cause of public utility or social interest, previous payment of its just value determined by an agreement between the parties or the ruling of the appropriate court, in accordance with that established by law. in the case of the declaration of a state of emergency or of defense, the compensation may not be made previously. the state shall promote, in accordance with the law, access to property, especially to titled real estate. the dedication of land to useful ends and the gradual elimination of the system of large estates is declared to be in the social interest. promoting agrarian reform and the integration of the rural, farming population into the process of national development in an effective way through stimulation and cooperation for the renewal of their methods of agricultural production and their technological training is a principal objective of the social policy of the state. there shall not be confiscation of the assets of physical or judicial persons for political reasons. the assets of physical or judicial persons, either nationals or foreigners, having their origin in illicit acts committed against the public patrimony, as well as those used in or coming from the illegal traffic of narcotics and psychotropic substances or relative to transnational organized crime and all crimes provided for in the penal laws may only be the object of confiscation or decommission through definitive ruling. the law shall establish the regime of the administration and disposal of assets seized and abandoned in criminal processes and in cases of forfeiture of domain, provided for in the judicial order. article 52. right to intellectual property the right to the exclusive property of scientific, literary, and artistic works, inventions, and innovations, names, brands, distinctive marks, and other productions of the human intellect for the time are recognized and protected, in the form and with the limitations established by law. article 53. rights of the consumer all persons have the right to enjoy quality goods and services, and objective, true, and opportune information about the content and characteristics of the products and services that they use or consume, under the previsions and norms established by law. article 54. food security the state shall promote research and the transference of technology for the production of foods and primary materials of agricultural origin, with the goal of increasing productivity and guaranteeing food security. article 55. rights of the family the family is the basis of society and the fundamental space for the integral development of people. it is formed by natural or legal ties, by the free decision of a man and a woman to enter into marriage or by the responsible willingness to conform to it. all persons have the right to form a family, in whose formation and development the woman and man enjoy equal rights and duties and owe one another mutual understanding and reciprocal respect. the state shall guarantee the protection of the family. the good of the family in unalienable and unattachable, in accordance with the law. the state shall promote and protect the organization of the family on the basis of the institution of marriage between a man and a woman. the law shall establish the requirements to enter into it, the formalities of its celebration, its personal and patrimonial effects, the causes of separation or dissolution, and the regime of the property, rights, and duties between the spouses. religious marriages shall have civil effects in terms established by law, without prejudice to that dictated in international treaties. the singular and stable union between a man and a woman, free from matrimonial impediment, that form a real home, creates rights and duties in their personal and patrimonial relationships, in accordance with the law. maternity, whether the social condition or the civil state of the woman, shall enjoy the protection of the public powers and causes the right to official assistance in the case of need. all persons have the right to have their personality, their own first name, and the surnames of their father and mother recognized, and to know the identities of the same. all persons have the right from their birth to be inscribed without payment in the civil register or in the book of foreigners and to obtain the public documents that prove their identity, in accordance with the law. all sons and daughters are equal under the law, have equal rights and duties, and shall enjoy the same opportunities for social, spiritual, and physical development. all mentions of the nature of parentage are prohibited in the civil registers and in all identity documents. the state promotes responsible paternity and maternity. the father and the mother, even after separation and divorce, have the shared and non-renounceable duty to feed, raise, train, educate, support, and provide safety and assistance to their sons and daughters. the law shall establish the necessary and appropriate methods to guarantee the effect of these obligations. the state recognizes work at home as an economic activity that creates aggregate value and produces social richness and well-being, therefore it shall be incorporated into the formulation and execution of public and social policies. the state shall guarantee, through the law, safe and effective policies for adoption. the value of young people as strategic actors in the development of the nation is recognized. the state guarantees and promotes the effective exercise of their rights, through policies and programs that assure, in a permanent manner, their participation in all spheres of national life, and in particular, their training and access to first employment. article 56. protection of minors the family, society, and state shall give preference to the superior interests of male and female children and adolescents, and shall have the obligation to assist and protect them in order to guarantee their harmonious and integral development and the full exercise of their fundamental rights, in accordance with this constitution and the laws. consequently: the eradication of child labor and all types of mistreatment or violence against minors is declared of the highest national interest. male and female children and adolescents shall be protected by the state against all forms of abandonment, kidnapping, states of vulnerability, abuse or physical, psychological, moral or sexual abuse, commercial, labor, economic exploitation or risky jobs. the active and progressive participation of male and female children and adolescents in family, community, and social life shall be promoted. adolescents are active subjects to the process of development. the state, with the participation in solidarity of families and society, shall create opportunities to stimulate their productive movement towards adult life. article 57. protection of the elderly the family, society, and the state shall come together for the protection and the assistance of elderly people and shall promote their integration into active community life. the state shall guarantee the services of integral social security and food subsidies in the case of poverty. article 58. protection of disabled persons the state shall promote, protect, and ensure people with disabilities’ enjoyment of all human rights and fundamental freedoms, in conditions of equality as well as in the full and autonomous exercise of their abilities. the state shall adopt the positive means necessary to foster their family, community, social, labor, economic, cultural and political integration. article 59. right to housing all persons have the right to dignified housing with basic essential services. the state should determine the necessary conditions to make effective this right and promote plans for housing and human settlements in the social interest. legal access to titled real estate is a fundamental priority of public policy and the advancement of housing. article 60. right to social security all persons have the right to social security. the state shall stimulate the progressive development of social security in order to ensure universal access to adequate protection in sickness, disability, unemployment, and old age. article 61. right to health all persons have the right to integral health. consequently: the state should safeguard the protection of the health of all persons, access to potable water, improvement of nutrition, sanitation services, hygienic conditions, environmental cleanliness, as well as procure means for the prevention and treatment of all sicknesses, ensuring access to quality medication and giving medical and hospital assistance for free to those who need it. the state shall guarantee, through legislation and public policies, the exercise of the economic and social rights of the low-income population and, consequently, shall lend its protection and assistance to vulnerable groups and sectors, shall fight social vices with the appropriate means and with the aid of international agreements and organizations. article 62. right to work work is a right, a duty, and a social function that is exercised with the protection and assistance of the state. it is an essential purpose of the state to foment dignified and paid employment. the public powers shall promote the dialogue and agreement between workers, employers, and the state. consequently: the state guarantees the equality and equity of women and men in the exercise of the right to work. no one may impede the work of others nor obligate them to work against their will. union freedom, social security, collective negotiation, professional training, respect for one’s physical and intellectual abilities, privacy, and personal dignity are, among others, the basic rights of male and female workers. union organization is free and democratic, should adjust itself to its statutes, and be compatible with the principles inscribed in this constitution and the law. all kinds of discrimination in access to employment or during the extension of services are prohibited, excluding the exceptions provided for by law with the goal of protecting the worker in order to resolve peaceful work conflicts, the right of workers to strike and of employers to halt private enterprises are recognized, always that they are exercised with respect to the law, which shall dictate the means to guarantee the maintenance of public services or those of public use the law shall dictate, according to what is required by the general interest, the workdays, the days of rest and vacations, the minimum wage and its forms of payment, the participation of nationals in all work, the participation of workers in the benefits of the business and, in general, all the minimum means that are considered necessary in favor of workers, including special regulations for informal work in the home and any other form of human work. the state shall make use of the means at its disposal so that workers may acquire the tools and instruments that are indispensable to their work. it is the obligation of all employers to guarantee their workers adequate conditions of safety, health standards, hygiene, and work environment. the state shall adopt means to promote the creation of petitions integrated by employers and workers for the attainment of these goals all workers have the right to a wage that is just and sufficient to permit them to live with dignity and cover the basic material, social, and intellectual needs of themselves and their families. the payment of equal wages for work of equal value is guaranteed, without discrimination by gender or of another type and in identical conditions of ability, efficiency, and seniority. the application of labor norms in relation to the nationalization of work is of high interest. the law shall determine the percentage of foreigners that may lend their services to a business as salaried workers. article 63. right to education all persons have the right to an integral education that is of quality, permanent, equal in conditions and opportunities, and without more limitations than those derived from their aptitudes, vocation, and aspirations. consequently: the goal of education is the integral formation of the human being for the length of his entire life, and should be oriented toward the development of his creative potential and his ethical values. it seeks access to knowledge, science, skill, and the other assets and values of culture. the family is responsible for the education of its members and has the right to choose the type of education for its minor children the state guarantees free public education and declares it obligatory in initial, basic, and intermediate levels. the offer for the initial level shall be defined in the law. superior education in the public system shall be financed by the state, guaranteeing a distribution of resources that is proportional to the educational offer of the regions, in accordance with that which the law establishes. the state shall safeguard the free nature and quality of general education, the fulfillment of its goals and moral, intellectual, and physical formation of the educated. it has the obligation to offer the number of hours of instruction that assure the achievement of the educational goals. the state recognizes the exercise of the teaching career as fundamental for the full development of the education and of the dominican nation and, consequently, it is its obligation to tend to the professionalization, the stability, and the dignifying of teachers. the eradication of illiteracy and the education of people with special needs and with exceptional abilities are obligations of the state. the state should safeguard the quality of superior education and shall finance public centers and universities, in accordance with that established by the law. it shall guarantee university autonomy and academic freedom. the universities shall choose their leadership and shall be regulated by their own statues, in accordance with the law. the state shall define policies to promote and incentivize research, science, technology, and innovation that favor sustainable development, human well-being, competitiveness, institutional strengthening, and the preservation of the environment. businesses and private institutions that invest toward these ends shall be supported. the investment of the state in education, science and technology should be growing and sustained, in correspondence with the level of the macroeconomic performance of the country. the law shall allocate the minimum amounts and the percentages that correspond to the specified investment. transferences of funds allotted for the financing of the development of these areas may not be made in any case. the means of social communication, public and private, should contribute to citizen formation. the state guarantees the public services of radio, television, and networks of libraries and computers, with the goal of permitting universal access to information. educational centers shall incorporate the knowledge and application of new technologies and their innovations, according to the requirements established by law. the state guarantees the freedom on instruction, recognizes private initiative in the creation of educational institutions and services and stimulates the development of science and technology, in accordance with the law. with the end of forming citizens who are conscious of their rights and duties, in all public and private educational institutions instruction in social and civic formation, teaching of the constitution, fundamental rights and guarantees, national values and the principles of peaceful coexistence shall be obligatory. section iii. on cultural and sporting rights article 64. right to culture all persons have the right to participate and act with freedom and without censure in the cultural life of the nation, to full access and enjoyment of cultural assets and services, of scientific advances and literary and artistic production. the state shall protect the moral and material interests over the works of authors and inventors. consequently: it shall establish policies that promote and stimulate, in the national and international spheres, the diverse scientific, artistic, and popular manifestations and expressions of the dominican culture and shall incentivize and support the efforts of people, institutions, and communities that develop or finance cultural plans and activities. it shall guarantee freedom of expression and cultural creation as well as equal opportunity for access to culture and shall promote cultural diversity and international exchange. it shall recognize the value of cultural, individual and collective identity, its importance for complete and sustainable development, economic growth, innovation, and human well-being, through the support and diffusion of scientific research and cultural production. it shall protect the dignity and integrity of cultural workers. the cultural patrimony of the nation, material and immaterial, is under the safeguarding of the state, which shall guarantee its protection, enrichment, conservation, restoration, and place of value. the assets of cultural patrimony of the nation, whose property is state owned or has been acquired by the state, are inalienable and unattachable, and that ownership imprescriptible. the patrimonial assets in private hands and the underwater assets of the cultural patrimony shall be equally protected from illicit exportation and plunder. the law shall regulate the acquisition of the same. article 65. right to sport all people have the right to physical education, sport, and recreation. it is the responsibility of the state, in collaboration with teaching centers and sports organizations to foment, incentivize, and support the practice and diffusion of these activities. accordingly: the state accepts sport and recreation as public policies of education and health and guarantees physical education and school sports at all levels of the educational system, in accordance with the law. the law shall make available the resources, stimuli, and incentives for the promotion of sports for all males and females, the integral assistance of sports players, support for highly competitive sports, to sporting programs and activities in the country and abroad. section iv. on collective rights and the environment article 66. collective and diffuse rights the state recognizes collective and diffuse rights and interests, which are exercised with conditions and limitations established by law. consequently, it protects: the conservation of ecological balance, of fauna and flora. the protection of the environment. the preservation of the cultural, historical, urban, artistic, architectural, and archaeological patrimony. article 67. protection of the environment preventing contamination, protecting and maintaining the environment for the enjoyment of present and future generations constitute duties of the state. consequently: all people have the right, both individually and collectively, to the use and sustainable enjoyment of natural resources, to live in an environment that is healthy, ecologically balanced, and adequate for the development and preservation of the different forms of life, scenery and nature. the introduction, development, production, tenancy, commercialization, transportation, storage, and use of chemical, biological, nuclear, and agro-chemical weapons that are internationally banned is prohibited, as well as nuclear residues and toxic and dangerous waste. the state shall promote, in the public and private sector, the use of alternative and non-contaminating technologies and energies. in the contracts made by the state or in the permits that it grants that involve the use and exploitation of natural resources, it shall include consideration of the obligation to conserve the ecological equilibrium, the access to technology and its transference, as well as to reestablish the environment to its natural state, if it were to be changed. the public powers shall prevent and control the factors of environmental deterioration, shall impose legal sanctions, the objective responsibility for damages caused to the environment and to natural resources, and shall demand their repair. additionally, they shall cooperate with other nations in the protection of ecosystems for the length of the marine and land borders. chapter ii. on the guarantees to fundamental rights article 68. guarantees of fundamental rights the constitution guarantees the effectiveness of fundamental rights, through mechanisms of guardianship and protection, that offer to people the possibility of obtaining the fulfillment of their rights, when faced with those subjected, obligated, or owing to the same. fundamental rights link all the public powers, which should guarantee their effectiveness in the terms established by the present constitution and by the law. article 69. effective judicial guardianship and due process all persons, in the exercise of their rights and legitimate interests, have the right to obtain effective judicial guardianship, with respect to the due process that shall be formed by the minimum guarantees that are established in the following: the right to accessible, timely, and free justice. the right to be heard, within a reasonable period and by a competent, independent, and impartial jurisdiction, established previously by law. the right to be presumed innocent and treated accordingly, while not having been declared guilt by an irrevocable sentence. the right to a public, oral, and adversarial trial, in all equality and with respect to the right of defense. no person may be judged twice for the same charge. no one may be obligated to self-incriminate. no one may be judged in any way but in accordance to the laws that preexisted the act for which they are charged, before a judge or competent tribunal, and with observance of the full scope of the customs that pertain to each case. proof that is obtained through violation of the law is null. all sentences may be appealed in accordance with the law. the superior court may not increase the sanction imposed when the only person to make an appeal is the convicted person. the norms of due process shall be applied to all kinds of judicial and administrative conduct. article 70. habeas data all persons have the right to judicial action in order to gain knowledge of the existence of and to access the information about them which is held in registries or banks of public data and, in case of falseness or discrimination, to demand the suspension, rectification, update, and confidentiality of those, in accordance with the law. the secrecy of the sources of journalistic information may not be affected. article 71. habeas corpus action all persons deprived of their liberty or threatened with the same in an illegal, arbitrary or unreasonable manner have the right to an action of habeas corpus before a judge or competent tribunal, by themselves or by those who act in their name, in accordance with law, in order to gain knowledge of and to decide, in a simple, effective, quick, and summary way, the legality of the deprivation of or threat to their liberty. article 72. amparo action all persons have the right to an action of amparo in order to demand before the courts, for themselves or by those who act in their name, immediate protection of their fundamental rights, not protected by habeas corpus, when they are violated or threatened by the action or omission of any public authority or of individuals, in order put into effect the fulfillment of a law or administrative act and in order to guarantee collective and diffuse rights and interests. in accordance with the law, the proceeding is preferential, summary, oral, public, free, and not subject to formalities. paragraph the acts adopted during the states of exception that violate protected rights that unreasonably cause suspended rights are subject to actions of amparo. article 73. nullity of acts that subvert constitutional order acts that are issued from usurped authority, actions or decisions of public powers, institutions or persons that alter or subvert the constitutional order and any decision made by requisition of armed force are null of full right. chapter iii. on the principles of application and interpretation of the fundamental rights and guarantees article 74. principles of regulation and interpretation the interpretation and regulation of the fundamental rights and guarantees, recognized in the present constitution, shall be ruled by the following principles: they do not have limiting character and consequently, do not exclude other rights and guarantees of an equal nature. only by law, in the cases permitted by this constitution, may the exercise of the fundamental rights and guarantees be regulated, respecting their essential content and the principle of reasonableness. treaties, pacts, and conventions related to human rights, adopted and ratified by the dominican state have constitutional hierarchy and are for direct and immediate application by the courts and other organs of the state. the public powers interpret and apply the norms related to fundamental rights and their guarantees, in the sense most favorable to the person in possession of the same, in the case of conflict between fundamental rights, they shall attempt to harmonize the assets and interests protected by this constitution. chapter iv. on the fundamental rights article 75. fundamental duties the fundamental rights recognized in this constitution determine the existence of an order of judicial and moral responsibility that rules the conduct of men and women in society. consequently, the following are declared as fundamental duties of people: to obey and follow the constitution and the laws, to respect and obey the authorities established by it. to vote, if one is legally capable of doing so. to lend civil and military services that the homeland requires for its defense and conservation, in accordance with that established by law. to lend services for development, required of male and female dominicans between the ages of sixteen and twenty-one years. these services may be lent voluntarily by those older than twenty-one years. the law shall regulate these services. to abstain from taking any act damaging to the stability, independence, or sovereignty of the dominican republic. to pay taxes, in accordance with the law and in proportion to their contributory ability, in order to fund the public expenses and investments. it is a fundamental duty of the state to guarantee the rationality of public spending and the promotion of an efficient public administration. to dedicate oneself to dignified work, of one’s choosing, with the goal of providing for oneself and one’s family in order to achieve the perfection of one’s personality and to contribute to the well-being and progress of society to attend the educational establishments of the nation to receive required education, in accordance with that established by this constitution. to cooperate with the state with respect with social assistance and security, in accordance with its possibilities. to act in accordance with the principle of social solidarity, responding with humanitarian action to situations of public calamity or that put the lives or health of people in danger. to develop and spread the dominican culture and to protect the natural resources of the country, guaranteeing the conservation of a clean and healthy environment. to safeguard the strengthening and quality of the democracy, the respect for the public patrimony, and the transparent exercise of the public function. title iii. on the legislative power chapter i. on its formation article 76. the composition of congress the legislative power is exercised in the name of the people by the national congress, formed by the senate of the republic and the chamber of deputies. article 77. election of male and female legislators the election of senators and deputies shall be made by universal direct suffrage by the terms established by law. when for any reason vacancies of senators of deputies occur, the corresponding chamber shall select its substitute from the shortlist presented to it by the superior body of the party that nominated them. the shortlist shall be submitted to the chamber where the vacancy was produced within the thirty days following its occurrence, if the congress was meeting and, in the case that it was not, within the first thirty days of its meeting. if the indicated time passes without the appropriate body of the party having submitted the shortlist, the corresponding chamber shall make the choice. the offices of senator and deputy are incompatible with other offices or public employment, except for work as a teacher. the law shall regulate the regimen of other incompatibilities. the male and female senators and deputies are not tied by imperative order, they always act in adherence to the sacred duty of representation of the people that elected them, to whom they must be accountable. section i. on the senate article 78. composition of the senate the senate is composed of elected members, one for each province and one for the national district, who shall exercise their role for four years. article 79. requirements for being a male or female senator in order to be a male or female senator one is required to be a male or female dominican in full exercise of civil and political rights, to have reached twenty-five years of age, to be a native of the territory that elects him or to have resided in it for at least five consecutive years. consequently: the male and female senators elected for a territory shall reside in the same during the period for which they are elected. naturalized persons may only be elected to the senate ten years after having acquired dominican nationality, always having resided in the jurisdiction that elect them during the five years that precede their election. article 80. powers the exclusive powers of the senate are: to be familiar with the accusations made by the chamber of deputies against the public officials designated in article 83, section 1. the declaration of culpability leaves the person stripped of their office, and may not exercise any public office, whether or not by popular election, for a term of ten years. the person so stripped shall remain subject, if that is the case, to be accused and judged before the ordinary courts, in accordance with the law. this decision shall be adopted with the vote of two thirds of the membership. to approve or disapprove the appointments of ambassadors and heads of permanent authorized missions abroad that are submitted by the president of the republic. to choose the members of the chamber of accounts from the shortlists presented by the chamber of deputies, with the vote of two thirds of the senators present. to choose members of the central electoral board and their substitutes, with the vote of two thirds of those present to choose the defender of the people, his substitutes and his adjuncts, from the shortlists presented to them by the chamber of deputies, with the vote of two thirds of those present. to authorize, at the request of the president of the republic, in the absence of a convention that permits him, the presence of foreign troops in military exercises in the territory of the republic, as well as to determine the time period and the conditions of their stay. to approve or disapprove the sending of troops on missions of peace abroad, authorized by international bodies, fixing the conditions and duration of said mission. section ii. on the chamber of deputies article 81. representation and composition the chamber of deputies shall be composed in the following manner: one hundred and seventy-eight male or female deputies elected by territorial constituencies in representation of the national district and the provinces, distributed in proportion to the population density, with their being at least two representatives for each province in all cases. five male or female deputies elected at the national level by an accumulation of votes, preferably from parties, alliances, or coalitions that have not obtained seats and have achieved no less than one percent (1%) of the valid votes cast. the law shall determine their distribution. seven male or female deputies elected in representation of the dominican community abroad. the law shall determine their form of election and distribution. article 82. requirements for being a male or female deputy in order to be a male or female deputy one must meet the same requirements as to be a senator. article 83. powers the exclusive powers of the chamber of deputies are: to accuse before the senate public officials elected by popular vote, those elected by the senate and by the national counsel of the magistrature for the commission of serious wrongs in the exercise of the offices. the accusation may only be made with the favorable vote of two thirds of the membership. when they are about the president and the vice president of the republic, they shall require the favorable vote of three quarters of the membership. the accused person shall have their office suspended from the moment in which the chamber declares that the accusation has been made. to submit to the senate the shortlists for the election of the members of the chamber of accounts with the favorable vote of two thirds of those present. to submit to the senate the shortlists for the defender of the people, their substitutes, of which there cannot be more than two, and the adjuncts, of which there may not be more than five, with the favorable vote of two thirds of those present. chapter ii. on the common provisions of both chambers article 84. quorum of sessions in each chamber the presence of more than half of the members is necessary for the validity of the deliberations. the decisions are adopted by the absolute majority of votes, except the issues previously declared to be urgent, which in their second discussion shall be decided by two thirds of those present. article 85. immunity for opinion the members of both chambers shall enjoy immunity for the opinions that they express in the sessions. article 86. protection of the legislative function no senator or deputy may be deprived of his liberty during the legislature, without the authorization of the chamber to which he belongs, except in the case that he is apprehended in the act of committing a crime. if a male or female legislator has been arrested, detained, or deprived in any other form of his or her liberty, the chamber to which he or she belongs, whether or not it is in session, and including one of its members, shall demand his freedom for the duration of the legislature. to this effect, the president of the senate or of the chamber of deputies or a senator or deputy, according to the case, shall make a request to the attorney general of the republic and, if it is necessary, shall give the order to free him directly, for which all the support of the public force may be required and should be given to him. article 87. reach and limits of immunity parliamentary immunity authorized in the previous article does not constitute a personal privilege of the legislator, but rather a prerogative of the chamber to which he belongs and does not stand in the way of the initiation of actions that proceed by law at the end of the congressional mandate. when the chamber receives a request from an appropriate judicial authority, with the goal of removing the protection of one of its members, it shall proceed in accordance with that established by its internal rules and shall decide to that effect within a maximum period of two months from the issuance of the request. article 88. loss of investiture male and female legislators should attend the sessions of the legislatures and submit themselves to the rule of ineligibility and conflict of interest in the form and terms that the present constitution and the internal regulations of the corresponding legislative chamber define. those who do not comply with the preceding shall lose their investiture given political trial in accordance with the norms instituted by this constitution and the regulations and may not run for a position in the national congress within the ten years following his dismissal. article 89. duration of the legislatures the chambers shall meet in ordinary form the 27th of february and the 16th of august of each year. each legislature shall last one hundred and fifty days. the executive power shall be able to convoke them in an extraordinary manner. article 90. directive offices of the chambers on the 16th of august of each year the senate and the chamber of deputies shall elect their respective directive offices, formed by a president, a vice president and two secretaries. the president of the senate and of the chamber of deputies shall have, during the sessions, disciplinary powers and shall represent their respective chamber in all legal acts. each chamber shall designate its officials, administrative employees, and assistants in accordance with the law of the administrative civil servants of the national congress. each chamber shall regulate that concerning its internal service and the handling of issues particular to it, and may, in the use of its disciplinary abilities, establish the sanctions that follow. article 91. rendition of accounts of the presidents the presidents of both chambers shall convoke their respective plenaries the first week of the month of august of every year, in order to give them a report on the legislative, administrative, and financial activities realized during the preceding period. article 92. rendition of accounts of the legislators the legislators shall render each year a report on their administration before the electors that they represent. chapter iii. on the powers of the national congress article 93. powers the national congress legislates and supervises in representation of the people. consequently, it corresponds to it: general powers in legislative matters: to establish the taxes, tributes, or general contributions and to determine the means of their collection and investment; to be familiar with the observations that the executive power makes on the laws; to provide for all that concerns the conservation of monuments and the historical, cultural, and artistic patrimony; to create, modify or eliminate regions, provinces, municipalities, municipal districts, sections and expanses and to determine all that concerns their borders and organization, by the procedure regulated in this constitution and given study that demonstrates the political, social, and economic advantages that justify the modification; to authorize the president of the republic to declare the states of exception that this constitution describes; in the case that the national sovereignty finds itself exposed to a grave and imminent danger, the congress may declare that a state of national defense exists, suspending the exercise of individual rights with the exception of the rights established in article 263. if the congress is not meeting, the president of the republic may dictate the same provision, which will bring with it an immediate convocation of the same so it may be informed of the events and of the provisions taken; to establish the norms relative to migration and the rules on foreigners; to increase or reduce the number of appellate courts and to create or eliminate courts and to provide for all that is related to their organization and competence, given consultation with the supreme court of justice; to vote annually on the law of the general budget of the state, as well as to approve or reject the extraordinary expenses for which the executive power solicits credit; to legislate on that which concerns the public debt and to approve or disapprove the credit and loans signed by the executive power, in accordance with this constitution and the law; to approve or disapprove contracts submitted to it by the president of the republic, in accordance with that provided by article 128, number 2, section d, as well as the later corrections or modifications that alter the conditions originally established in the specified contracts at the time of their legislative authorization; to approve or disapprove the international treaties and conventions that the executive power endorses; to declare by law the necessity of constitutional reform; to grant honors to distinguished male and female citizens who have given recognized service to the nation or to humanity; to grant authorization to the president of the republic to travel abroad when it is for more than fifteen days; to decide on the movement of the seat of the legislative chamber because of force majeure or because of other duly motivated circumstances; to grant amnesty for political reasons; to legislate on all matters that are not the realm of another power of the state and that are not in opposition to the constitution; to declare itself through resolutions about problems or situations on a national or international level that are of interest for the republic. powers in matters of supervision and control: to approve or reject that state of collection and investment of the income that the executive power should present it during the first ordinary legislature of each year, taking as a base the report of the chamber of accounts; to safeguard the conservation and fruition of the national assets in benefit of society and to approve or reject the transfer of title of the assets of private domain of the nation, except as provided for by article 128, number 2, section d; to summon ministers, vice ministers, directors or administrators of autonomous and decentralized bodies of the state before the permanent commissions of congress to edify them about the budgetary execution and the acts of their administration; to annually examine all the acts of the executive power and to approve them if they match with the constitution and the law; to appoint permanent and special commissions, at the request of its members, so they may investigate whatever matter is of the public interest and render a corresponding report; to supervise all the public policies that the government and its autonomous and decentralized institutions implement, no matter their nature and reach. article 94. invitations to the chambers the legislative chambers, as well as the permanent and special commissions that they create, may invite ministers, vice ministers, directors, and other male and female officials of the public administration, as well as any physical or juridical person to offer pertinent information about the matters over which they have power. paragraph the unwillingness of the summoned people to appear or to render the required declarations, shall be sanctioned by the criminal courts of the republic, with the penalty provided for by the legal provisions in force for cases of contempt of public authority, at the request of the appropriate chamber. article 95. questionings to question ministers and vice ministers, the governor of the central bank and the directors or administrators of autonomous and decentralized bodies of the state, as well as those from entities that administer public funds about matters of their competence, when agreed to by the majority of the present members, at the request of at least three legislators, as well as to gather information from other public functionaries that are competent in the subject and dependents of those previously specified. paragraph if the male or female official summoned does not appear without a justifiable reason or his or her declarations are considered unsatisfactory, the chambers, with the vote of two thirds of their present members, may emit a vote of censure against him or her and recommend his or her dismissal from office to the president of the republic or to the appropriate hierarchical superior for breach of responsibility. chapter iv. on the formation and effect of the laws article 96. initiative of law they have the right to initiative in the formation of the laws: male or female senators and male and female deputies the president of the republic the supreme court of justice in judicial matters the central electoral board in electoral matters paragraph male and female legislators who exercise the right to initiative in the formation of the laws, may sustain their motion in the other chamber. in the same manner, the others that have this right may make it in both chambers personally or through a representative. article 97. popular legislative initiative the popular legislative initiative is established through which a number of male and female citizens no less than two percent (2%) of those registered in the registry of electors, may present projects of law before the national congress. a special law shall establish the procedure and the restrictions for the exercise of this initiative. article 98. legislative discussions all projects of law admitted in one of the chambers shall be submitted to two different discussions with an interval of one day at least between one and the other discussion. in the case that it was already declared of urgency it must be discussed in two consecutive sessions. article 99. procedure between the chambers once a project of law has been approved in one of the chambers, it shall pass to the other for its opportune discussion, observing the same constitutional formalities. if this chamber makes changes to it, it shall return said modified project to the chamber where it began, to be made known again in unique discussion and, if said modifications are accepted, this last chamber shall send the law to the executive power. if they are rejected, the project shall be returned to the other chamber, and if it approves it, it shall send the law to the executive power. if the modifications are rejected, the project shall be considered thrown out. article 100. effects of extraordinary convocations extraordinary convocations realized by the executive power to the legislative chambers, shall not have effects for the prevention of projects of law in progress. article 101. promulgation and publication all laws approved in both chambers shall be sent to the executive power for their promulgation or observations. if he does not make observations about them, he shall promulgate them within ten days of receiving them, if the matter was not declared urgent, in which case he shall promulgate them within five days of receiving them, and he shall make them published within ten days from the date of the promulgation. one the constitutional period for the promulgation and publication of the laws authorized by the national congress has passed, they shall be considered promulgated and the president of the chamber that has given them to the executive power shall publish them. article 102. observations to the law if the executive power makes observations to the law that was submitted to him, he shall return it to the chamber from which it came in the term of ten days, counting from the date on which it was received. if the matter was declared urgent, he shall make his observations in the term of five days from when it was received. the executive power shall submit his observations indicating the articles where they occur and the reasons that motivate the observation. the chamber that received the observations shall make them included in the agenda of the day of the next session and shall discuss the law again in one reading. if after this discussion, two thirds of the present members of said chamber approve it anew, it shall be submitted to the other chamber, and if that chamber approves it by an equal majority, it shall be definitively be considered law and it shall be promulgated and published in the periods established in article 101. article 103. period to become familiar with the observations of the executive power all laws for which the executive power makes observations to the national congress have a period of two ordinary legislatures to be decided, otherwise the observation will be considered accepted. article 104. validity of a project of law projects of law that remain pending in one of the two chambers at the close of the ordinary legislature, without prejudice to that established in article 100, follow the constitutional process in the following legislatures, until they are converted to law or rejected. when it does not occur this way, the project shall be considered as if it was not initiated. article 105. inclusion in the agenda of the day all projects of law received in a chamber, after being approved in the other, shall be included in the agenda of the day of the first session that is held. article 106. extension of the legislatures when a law is sent to the president of the republic for its promulgation and the time that is left for the term of the legislature is less than that established in article 102 for observations, the legislature shall remain open to become familiar with the observations, or the process shall be continued in the following legislature without prejudice to that provided in article 103. article 107. rejected project of law the rejected projects of law in one chamber may not be presented in either of the two chambers until the following legislature. article 108. headers of the laws the bicameral laws and resolutions shall be headed: the national congress. in the name of the republic. article 109. entry into effect of the laws the laws, after being promulgated, shall be published in the form that the law determines and shall be given the broadest diffusion possible. they shall be obligatory once the periods for them to be considered known in all the national territory have passed. article 110. non-retroactivity of the law the law only provides for and is applied to the future. it does not have retroactive effect unless it is favorable to one who is subject to justice or completing a sentence. in no case may the public powers or the law affect or alter the juridical security derived from established situations according to a previous legislation. article 111. laws of public order the laws relative to the public order, policy and security obligate all the inhabitants of the territory and may not be diminished by individual conventions. article 112. organic laws the organic laws are those that by their nature rule the fundamental rights, the structure and organization of the public powers, the public function, the electoral rules, the rules of economic financing, the public budget, planning, and investment, the territorial organization, the constitutional proceedings, the security and defense, the matters expressly referred to by the constitution and others of an equal nature. for their approval or modification the favorable vote of two thirds of those present in both chambers shall be required. article 113. ordinary laws the ordinary laws are those that by their nature require for their approval the absolute majority of the votes of those present in each chamber. chapter v. on the rendition of accounts to congress article 114. rendition of accounts of the president of the republic it is the responsibility of the president of the republic to render his accounts annually, before the national congress, of the budgetary, financial, and management administration that occurred in the previous year, according to that established in article 128, number 2, section f of this constitution, accompanied by a message that explains the macroeconomic and fiscal projections, the economic, financial, and social results expected and the principal priorities that the government proposed to execute within the law of the general budget of the state approved for the year in course. article 115. regulation of procedures of control and supervision the law shall regulate the procedures required for the two legislative chambers for examination of the reports of the chamber of accounts, examination of the acts of the executive power, invitations, questionings, political trial and the other mechanisms of control established by this constitution. article 116. rendition of report of the defender of the people the defender of the people shall render to the national congress the annual report of his activities, no more than thirty days before the close of the first ordinary legislature. chapter vi. on the national assembly and the joint meeting of both chambers article 117. conformation of the national assembly the senate and the chamber of deputies shall hold their sessions separately, except when the national assembly meets. article 118. quorum of the national assembly the chambers shall meet in national assembly in the cases indicated in this constitution, more than half of the members of each chamber must be present. their decisions shall be made by absolute majority of votes, except when they are convoked to reform the constitution. article 119. directive office of the national assembly the national assembly or the joint meeting of both chambers is ruled by their rules of organization and functioning. in both cases, the president of the senate shall assume the presidency, the president of the chamber of deputies shall assume the vice presidency, and the secretariat shall be assumed by the secretaries of each chamber. in the case of the temporary or definitive absence of the male or female president of the senate and while his substitute has not been elected by said legislative chamber, the male or female president of the chamber of deputies shall preside over the national assembly or the joint meeting. in the case of the temporary or definitive absence of the male or female president of both chambers, the male or female vice president of the senate, and in his absence, the male or female vice president of the chamber of deputies shall preside over the national assembly or joint meeting. article 120. powers of the national assembly it is the responsibility of the national assembly: to be familiar with and to decide over constitutional reforms, acting in this case as national review assembly. to examine the acts of election of the male or female president and of the male or female vice president of the republic. to declare the male or female president and vice president of the republic, to receive their oath and to accept or reject their resignation. to exercise the functions that the present constitution and the organic rules give them. article 121. joint meeting of the chambers the chambers meet jointly in the following cases: to receive the message and the rendition of accounts of the male or female president of the republic and the reports of the ministries to celebrate acts that are commemorative or a matter of protocol. title iv. on the executive power chapter i. on the president and vice president of the republic section i. general provisions article 122. president of the republic the executive power is exercised in the name of the people by the male or female president of the republic, in his or her condition as head of state and of government in accordance with that provided by this constitution and the law. article 123. requirements to be the president of the republic in order to be president of the republic, one is required: to be dominican by birth or origin to have reached thirty years of age to be in full exercise of civil and political rights to not be in active military or police service for at least the three years prior to the presidential elections article 124. presidential election the executive power is exercised by the male or female president of the republic, who shall be elected every four years by direct vote. the male or female president of the republic may opt for a second consecutive constitutional term and may never again run for the same office or the vice presidency of the republic. article 125. vice president of the republic there shall be a male or female vice president of the republic, elected jointly with the president in the same form and for an equal period. in order to be vice president of the republic the same conditions are required as to be president. article 126. swearing in of the president and of the vice president of the republic the president and vice president of the republic elected in general elections shall give an oath of office the 16th of august following their election, the date on which the term of the exiting authorities ends. consequently: when the president of the republic cannot swear the oath due to finding himself outside of the country, sickness, or for any other cause for force majeure, the vice president of the republic shall be sworn in, who shall exercise for the interim the office of the president of the republic, and in his absence, the president of the supreme court of justice. once the reason that has impeded the president or the vice president from assuming their offices has ended, they shall be sworn in and shall enter their offices immediately. if the elected president of the republic is absent in a definitive form without being sworn into office, and this absence is recognized to be so by the national assembly, the vice president elect of the republic shall serve as his substitute and in his absence, it shall proceed in the earlier indicated manner. article 127. oath the male or female president and the male or female vice president elect of the republic, before entering office, shall give before the national assembly the following oath: “i swear before god and before the people, by the country and by my honor, to fulfill and make fulfilled the constitution and the laws of the republic, to protect and defend its independence, to respect the rights and the liberties of the male and female citizens and to faithfully fulfill the duties of my office. section ii. on the powers article 128. powers of the president of the republic the male or female president of the republic directs the internal and exterior policy, the civil and military administration, and is the supreme authority of the armed forced, the national police, and the other bodies of security of the state. in his condition as chief of state it is his responsibility: to preside over the solemn acts of the nation to promulgate and make public the laws and resolutions of the national congress and to watch for their faithful execution. to expedite decrees, rules, and instructions when it is necessary. to appoint or dismiss the members of the military and police jurisdictions to make and sign international treaties and conventions and to submit them for the approval of the national congress, without which they will neither be valid nor carry obligations for the republic. provide, in accordance with the law, for that which concerns the armed forces as well as the national police, to order them himself or through an appropriate ministry, always maintaining his supreme command. to decide the contingent of the same and to provide them for public service ends. to take necessary measures to provide for and guarantee the legitimate defense of the nation, in case of actual or imminent armed attack on the part of a foreign nation or external powers, with the duty of informing the national congress of the adopted provisions and soliciting the declaration of a state of defense if it proceeds to declare, it the national congress does not find itself meeting, states of exception in accordance with the provisions given in articles 262 to 266 of this constitution. to adopt necessary provisional measures of police and security in the case of the violation of the provisions of article 62, number 6, of this constitution that disrupt or threaten the public order, the security of the state, the regular functioning of public services or public use, or impede the development of economic activities and do not constitute facts given in articles 262 to 266 of this constitution. to provide, in accordance with the law, all that is related to the aerial, marine, river, land, military, and police in matters of national security, with the studies previously realized by the ministries and their administrative departments. to grant pardons on the 27th of february, 16th of august, and 23rd of december of each year, in accordance with the law and international conventions. to arrest or expel, in accordance with the law, foreigners whose activities are or could be detrimental to the public order or the national security. to prohibit, when it is good for the public interest, the entry of foreigners into the national territory. in his condition as chief of government he has the ability: to appoint ministers and vice ministers and other public officials that occupy offices of free appointment or whose appointment is not attributed to any other body of the state recognized by this constitution or the law, as well as to accept their resignation and to remove them. to appoint the male and female heads of the autonomous and decentralized organs and bodies of state, as well as to accept their resignations and to remove them, in accordance with the law. to change the location of his official residence when he judges it necessary. to make contracts, submitting them for approval to the national congress when they have provisions related to damage caused to national revenue, to the transfer of title of assets of the state, to the termination of loans or when they stipulate exemptions to taxes in general, in accordance with the constitution. the maximum amount for said contracts and exemptions that may be endorsed by the president of the republic without congressional approval shall be two hundred minimum salaries of the public sector. to safeguard the good collection and faithful investment of the national revenue to deposit before the national congress, at the beginning of the first ordinary legislature on the 27th of february of each year, the reports of the ministries and to render the accounts of his administration of the prior year. to submit to the national congress, no later than the first of october of every year, the project of law of the general budget of the state for the following year. as chief of sate and of government, it is his responsibility: to appoint, with the approval of the senate of the republic the accredited ambassadors abroad and the chiefs of permanent missions before international bodies, as well as to appoint the other members of the diplomatic corps, in accordance with the law of foreign service, to accept their resignations and to remove them. to direct diplomatic negotiations and to receive foreign chiefs of state and their representatives. to grant or deny authorization to dominican citizens that they may exercise public duty or office for international governments or organizations in the dominican territory and that they may accept and use awards and titles granted by foreign governments. to authorize or deny authorization to city councils to sell title to real estate and to approve or not the contracts that they make, when they are made in the guarantee of real estate or municipal revenues. the other powers provided for in the constitution and the law. section iii. on the presidential succession article 129. presidential succession the presidential succession shall be ruled by the following norms: in case of the temporary absence of the president of the republic, the vice president of the republic shall assume the executive power. in case of the definitive absence of the president of the republic, the vice president shall assume the presidency of the republic for the time that remains before the end of the presidential term. in the definitive absence of both, the president of the supreme court of justice shall assume the executive power for the interim, who, within the fifteen days that follow the date of having assumed that office, shall convoke the national assembly so that they may meet within the fifteen following days and elect the new president and vice president of the republic, in a session that may not be ended or be declared in recess until the election has taken place. in the case that, for any circumstance, such a convocation cannot be made, the national assembly shall meet in full right, immediately, to achieve the election in the previously indicated manner. the election shall be made through the favorable vote of more than half of the present assembly members. the substitutes for the president and vice president of the republic shall be chosen from the shortlists that the superior body of the political party that elected them presents to the national assembly, in accordance with their statutes, in the period given in number 3 of this article. once the period has run without the party having presented the shortlists, the national assembly shall realize the election. article 130. vice presidential succession in case of the definitive absence of the vice president of the republic, before or after his swearing in, the president of the republic, in a period of thirty days, shall present a shortlist to the national assembly for his election. once the period has passed without the president having presented a shortlist, the national assembly shall realize the election. section iv. special provisions article 131. authorization to travel abroad the male or female president of the republic may not travel abroad for more than fifteen days without the authorization of the national congress. article 132. resignation the male or female president and vice president of the republic may only resign before the national assembly. article 133. immunity and deprivation of liberty without prejudice to that provided for in article 80, number 1 of this constitution, the male or female president and the vice president of the republic, elect or in office, may not be deprived of their liberty. chapter ii. on the ministries article 134. ministries of state for the handling of the matters of government there shall be ministries that are created by law. each ministry shall be headed by one minister and shall have the vice ministers that are considered necessary for the handling of their affairs. article 135. requirements to be a minister or vice minister in order to be a minister or vice minister, one is required to be a male or female dominican in full exercise of civil and political rights and to have reached the age of twenty-five years. naturalized people may only be ministers or vice ministers ten years after having acquired dominican nationality. ministers and vice minister may not exercise any professional or commercial activity that could create conflicts of interest. article 136. powers the law shall determine the powers of ministers and vice ministers. section i. on the council of ministers article 137. council of ministers the council of ministers is the organ of coordination of the general affairs of the government and has as its end to organize and accelerate the handling of the aspects of the public administration in benefit of the general interests of the nation and in service of the citizenry. it shall be formed by the president of the republic, who shall preside over it, the vice president, and the ministers. chapter iii. on the public administration article 138. principles of the public administration the public administration is subject in its conduct to the principles of efficiency, hierarchy, objectivity, equality, transparency, economy, publicity, and coordination, with full submission to the juridical set of laws of the state. the law shall regulate: the rules of the public officers, the access to public office in accordance to the merit and ability of the candidates, specialized education and training, the rule of conflicts of interest of the officials that ensure their impartiality in the exercise of the functions legally conferred. the procedure through which resolutions and administrative acts must be produced, guaranteeing the audience of interested people, with the exceptions that the law establishes. article 139. control of legality of the public administration the courts shall control the legality of the conduct of the public administration. the citizenry can demand this control through the procedures established by law. article 140. regulation for the increase of remunerations no public institution or autonomous entity that manages public funds shall establish norms or provisions that tend to increase the remuneration or benefits of its administrators or executives, but rather for a period following that for which they were elected or appointed. the inobservance of this provision shall be sanctioned in accordance with the law. section i. on the autonomous and decentralized bodies of the state article 141. autonomous and decentralized bodies the law shall create autonomous and decentralized bodies in the state, provided with juridical character, with administrative, financial, and technical autonomy. these bodies shall be assigned to the sector of the administration that is compatible with their activities, under the watch of the male or female head minister of the sector. the law and the executive power shall regulate the policies of non-concentration of the services of the public administration. section ii. on the statute of public office article 142. public office the statute of public office is a rule of public right based on the merit and professionalization for an efficient management and accomplishment of the essential functions of the state. this statute shall determine the form of entering, ascent, evaluation of work, permanence, and separation of the public servant from his role. article 143. statutory rule the law shall determine the statutory rule required for the professionalization of the different institutions of the public administration. article 144. rule of compensation no official or employee of the state may take on, in a simultaneous manner, more than one paid office, except for teaching. the law shall establish the methods of compensation of male and female officials and employees of the state, in accordance with criteria of merit and characteristic of their giving service. article 145. protection of public office the dismissal of public servants that belong to the administrative career in violation of the rule of public office shall be considered an act contrary to the constitution and the law. article 146. prohibition of corruption all forms of corruption in the organs of the state are condemned. consequently: all persons who extract public funds or who, taking advantage of their positions within the organs and bodies of the state, its autonomous offices or institutions, obtains for himself or for third parties economic advantage, shall be penalized. in equal manner, a person who gives advantages to his associations, family, allies, friends or relationships shall be penalized. in accordance with that provided by law, sworn declarations of assets of male and female public officials, who always have the responsibility of proving the origin of their assets, before and after having terminated their office or at the request of the appropriate authority. to people who have been condemned for crimes of corruption the penalty of civic degradation shall be applied, and restitution for that they took in an illegal manner shall be required. the law may provide for periods of statute of limitations of longer duration than that which is ordinary for cases of crimes of corruption and a restrictive regimen of procedural benefits. section iii. on public services article 147. objective of public services public services are meant to satisfy the necessities of collective interest. they shall be declared by law. consequently: the state guarantees access to public services of quality, directly or by delegation, through concession, authorization, association in participation, transfer of actionable property or other contractual modality, in accordance with this constitution and the law. public services given by the state or by individuals, the legal or contractual modalities, must respond to the principles of universality, accessibility, efficiency, transparency, responsibility, continuity, quality, reasonability, and equity of price. the regulation of public services is the exclusive role of the state. the law may establish that the regulation of those services and other economic activities is found under the charge of bodies created for those ends. section iv. on the civil responsibility of public entities, their officials or agents article 148. civil responsibility juridical persons of public right and their officials or agents shall be responsible, jointly and mutually, in accordance with the law, for damages and prejudices occasioned on physical or juridical persons for an anti-juridical administrative action or omission. title v. on the judicial power article 149. judicial power justice is administered for free, in the name of the republic, by the judicial power. this power is exercised by the supreme court of justice and the other courts created by this constitution and the law. paragraph i the judicial function consists of administering justice in order to decide on conflicts between physical and moral people, in private or public right, in all types of processes, judging and making judgments executed. its exercise is the responsibility of the courts and the judgments determined by law. the judicial power enjoys functional, administrative, and budgetary autonomy. paragraph ii the courts shall not exercise more functions than those granted to them by the constitution and the law. paragraph iii all decisions emanating from a court may be appealed before a superior court, subject to the conditions and exceptions established by law. article 150. judicial career the law shall regulate the juridical statute of the judicial career, the income, education, ascent, promotion, disassociation, and retirement of the judge, in accordance with the principles of merit, ability, and professionalism, as well as the regime of retirements and pensions of judges, officials, and employees of the judicial order. paragraph i the law also shall regulate the national school of judiciary, which shall have as its function the initial education of males and females who aspire to be judges, assuring their technical training. paragraph ii in order to be appointed judge of the judicial power, all those who aspire must submit themselves to a public competition on merits through the system of enrollment in the national school of judiciary to the effect that the law establishes and have satisfactorily passed the program of education of said school. only the members of the supreme court of justice who are freely elected are exempt of these requirements. article 151. independence of the judicial power male and female judges who are members of the judicial power are independent, impartial, responsible, and fixed and are subject to the constitution and the laws. they may not be removed, separated, suspended, transferred or retired, except for any of the established causes and with the guarantees given in the law. the law shall establish the regime of responsibility and rendition of accounts of judges and officials of the judicial power. service in the judicial power is incompatible with any other public or private office, except that of teacher. its members may not choose any elective public role nor may they participate in party political activities. the age of obligatory requirement for judges of the supreme court of justice is seventy-five years. for the other judges, officials, and employees of the judicial power, it shall be established in accordance with the law that rules the matter. chapter i. on the supreme court of justice article 152. integration the supreme court of justice is the superior jurisdictional organ of all the judicial bodies. it is integrated by no less than 16 judges and it may meet, deliberate, and be absent validly with the quorum determined by the law that establishes its organization. it shall be divided into chambers, in accordance with the law. article 153. requirements in order to be a male or female judge of the supreme court of justice, one is required: to be a male or female dominican by birth or origin and to have reached more than thirty-five years of age. to find oneself in full exercise of the civil and political rights. to be a bachelor or doctor in law. to have practiced the profession of lawyer or university professor of law for at leave twelve years, or to have exercised for the same time period the office of judge within the judicial power or of representative of the public ministry. these periods may accumulate. article 154. powers it is the exclusive responsibility of the supreme court of justice, without prejudice to the other powers that the law confers it: to come to learn, in the only instance, the criminal cases against the president and the vice president of the republic, senators, deputies, judges of the supreme court of justice, the constitutional tribunal, ministers and vice ministers, the attorney general of the republic, judges and attorney generals of the appellate or equivalent courts, judges of superior courts of the lands, of the superior administrative courts and of the superior electoral tribunal, the defender of the people, members of the diplomatic corps and chiefs of accredited missions abroad, members of the central electoral board, of the chamber of accounts, and of the monetary board. to come to learn the legal appeals in accordance with the law. to come to learn, as last resort, the cases whose first instance of knowledge are the responsibility of the appellate courts and their equivalents. to appoint, in accordance with the law of the judicial career, the judges of the appellate courts or their equivalents, of the courts of first instance or their equivalents, the judges of instruction, judges of peace and their substitutes, judges of any other courts of the judicial power created by the constitution and the laws. chapter ii. on the council of the judicial power article 155. integration the council of the judicial power shall be integrated in the following form: the president of the supreme court of justice, who shall preside over it. a judge of the supreme court of justice, elected by the full membership of the same. a judge of the appellate court or its equivalent, elected by his peers. a judge of first instance or its equivalent, elected by his peers. a judge of peace or its equivalent, elected by his peers. paragraph i the members of this council, with the exception of the supreme court of justice, shall remain in these offices for five years, shall cease in the exercise of their jurisdictional functions while they are members of said council and may not opt for a new period on the council. paragraph ii the law shall define the functioning and organization of this council. article 156. functions the council of the judicial power is the permanent organ of administration and discipline of the judicial power. it shall have the following functions: to present to the full supreme court of justice the male or female candidate for appointment, determination of hierarchy and ascent of the judges of the different courts of the judicial power, in accordance with the law. the financial and budgetary administration of the judicial power. disciplinary control over judges, officials, and employees of the judicial power with the exception of the members of the supreme court of justice. the application and execution of the instruments of evaluation of the work of the judges and administrative personnel who depend on the judicial power. the other functions that the law confers upon it. the creation of the administrative offices of the judicial power; the appointment of all the functionaries and employees that depend on the judicial power; the other functions conferred by law. chapter iii. on the judicial organization section i. on the appellate courts article 157. appellate courts there will be appellate courts and their equivalents that the law determines, as well as the number of judges that should compose it and its territorial responsibilities. article 158. requirements in order to be a judge of a court of appeals, one is required: to be a male or female dominican. to find oneself in full exercise of the civil and political rights. to be a bachelor or doctor of law. to belong to the judicial career and to have acted as a judge of first instance during the time period determined by law. article 159. powers the powers of the appellate courts are: to come to learn the appeals and sentences, in accordance with the law. to come to learn in the first instance of criminal cases against judges of first instance or their equivalents, district attorneys, heads of autonomous and decentralized organs and bodies of the state, provincial governors, mayors of the national district and of the municipalities. to come to know the other matters that the laws determine. section ii. on the courts of first instance article 160. courts of first instance there shall be court of first instance or their equivalents, with the number of judges and the territorial responsibilities that the law determines. article 161. requirements in order to be a judge of first instance, one is required: to be a male or female dominican. to find oneself in full exercise of the civil and political rights. to be a bachelor or doctor of law. to belong to the judicial career and to have worked as a judge of peace during the time period determined by law. section iii. on courts of peace article 162. courts of peace the law shall determine the number of courts of peace or their equivalents, their powers, territorial responsibilities and the form in which they shall be organized. article 163. requirements in order to be a judge of peace, one is required: to be a male or female dominican. to find oneself in full exercise of the civil and political rights. to be a bachelor or doctor of law. chapter iv. on specialized jurisdictions section i. on contentious administrative jurisdiction article 164. integration the contentious administrative jurisdiction shall be integrated by superior administrative courts and contentious administrative courts of first instance. their powers, integration, location, territorial responsibilities, and proceedings shall be determined by the law. the superior courts may divide themselves into chambers and their decisions are susceptible to appeal. paragraph i the male and female judges of the superior administrative courts shall meet the same requirements demanded of the judges of appellate courts. paragraph ii the male and female judges of the contentious administrative courts shall meet the same requirements demanded of the judges of first instance. article 165. powers the following are powers of the superior administrative courts, without prejudice to the others provided by law: to come to learn the recourses against the decisions in administrative, tax, financial, and municipal matters of any contentious administrative court of first instance, or that essentially has this character. to come to learn the contentious recourses against the acts, conduct, and provisions of administrative authorities contrary to law as a consequence of the relationships between the administration of the state and individuals, if they are not known by the contentious administrative court of first instance. to come to learn and to resolve in first instance or in appeal in accordance with law, the contentious administrative actions that are born of conflicts emerging between the public administration and its officials and civil employees. the other powers conferred by law. article 166. general administrative attorney the public administration shall be permanently represented before the contentious administrative jurisdiction by the general administrative attorney and, if it proceeds, by the lawyers that he appoints. the general administrative attorney shall be appointed by the executive power. the law shall regulate that representation of the other organs and bodies of the state. article 167. requirements the general administrative attorney must meet the same conditions required to be the attorney general of the appellate court. section ii. specialized jurisdictions article 168. specialized jurisdictions the law shall provide for the creation of specialized jurisdictions when they are required for reasons of public interest or of efficiency of service for the treatment of other matters. chapter v. on the public ministry article 169. definition and functions the public ministry is the organ of the system of justice that is responsible for the formulation and implementation of the policy of the state against criminality, directs criminal investigation and exercises public action in representation of society. paragraph i in the exercise of its functions, the public ministry shall guarantee the fundamental rights that belong to male and female citizens, shall promote the alternative resolution of disputes, shall provide for the protection of victims and witnesses and shall defend the public interest guarded by the law. paragraph ii the law shall regulate the functioning of the penitentiary system under the direction of the public ministry or another body constituted in this effect. article 170. autonomy and principles of action the public ministry enjoys functional, administrative, and budgetary autonomy. it exercises its function in accordance to the principles of legality, objectivity, unity of action, hierarchy, indivisibility, and responsibility. section i. on integration article 171. appointment and requirements the president of the republic shall appoint the attorney general of the republic and half of the adjunct attorneys. in order to be attorney general of the republic or adjunct, one must have the same requirements as to be judge of the supreme court of justice. the law shall provide the form of appointment of the other members of the public ministry. article 172. integration and conflicts of interest the public ministry is formed by the attorney general of the republic, who directs it, and by the other male and female representatives established by law. paragraph i the public ministry shall be represented before the supreme court of justice by the attorney general of the republic and by the male and female adjunct attorneys, in accordance with the law. its representation before the other judicial instances shall be provided for by law. paragraph ii the office of representative of the public ministry is incompatible with any other public or private office, except that of teacher, and while remaining in the exercise of his office, one may not opt for any public elective role or participate in party political activities. section ii. on the career of public ministry article 173. career system the public ministry is organized in accordance with the law, which regulates its non-removability, disciplinary regime and the other precepts that rule its actions, its educational school and its organs of government, guaranteeing the permanence of its career members until seventy-five years. section iii. on the superior council of the public ministry article 174. integration the organ of internal government of the public ministry is the superior council of the public ministry, which shall be integrated in the following manner: the attorney general of the republic, who shall preside over it. an adjunct attorney of the attorney general of the republic, elected by his peers. a general attorney of the appellate court elected by his peers a fiscal attorney or his equivalent elected by his peers a supervisor elected by his peers. paragraph the law shall define the functioning and organization of this council. article 175. functions the functions of the superior council of the public ministry are the following: to direct and administer the system of the career of the public ministry the financial and budgetary administration of the public ministry to exercise disciplinary control over representatives, officials, and employees of the public ministry, with the exception of the attorney general of the republic. to formulate and apply the instruments of evaluation of the representatives of the public ministry and of the administrative personnel who form it. to transfer representatives of the public ministry, provisionally or definitively, from one jurisdiction to another when it is necessary and useful to the service, with the conditions and guarantees given in the law, with the exception of the male and female adjunct attorneys and the attorney general of the republic to create administrative roles when they are necessary so that the public ministry may fulfill the powers that this constitution and the laws confer unto it. the other functions that the law confers unto it. chapter vi. on the public defense and free legal assistance article 176. public defense the service of public defense is an organ of the system of justice equipped with administrative and functional autonomy, which has as its ends guaranteeing the effective guardianship of the fundamental right to defense in the different areas of its power. the service of public defense shall be offered in all the national territory attending to the criteria of lack of payment, easy access, equality, efficiency, and quality, for people charged that for whatever reason are not represented by a lawyer. the law of public defense shall rule the functioning of this institution. article 177. free legal assistance the state shall be responsible for organizing programs and services of free legal assistance in favor of people who lack economic resources to obtain judicial representation of their interests, particularly for the protection of the right of victims, without prejudice to the powers that correspond to the public ministry in the realm of the criminal process. title vi. on the national council of the magistrature article 178. integration the national council of the magistrature shall be integrated by: the president of the republic, who shall preside over it and, in his absence, by the vice president of the republic the president of the senate a male or female senator chosen by the senate who belongs to the party of block of parties different from that of the president of the senate and who holds representation of the second majority. the president of the chamber of deputies a male or female deputy chosen by the chamber of deputies who belongs to the party or block of parties different from that of the president of the chamber of deputies and who holds the representation of the second majority the president of the supreme court of justice a male or female magistrate of the supreme court of justice chosen by the same, who shall serve as secretary. the attorney general of the republic. article 179. functions the national council of the magistrature shall have the following functions: to appoint the judges of the supreme court of justice to appoint the judges of the constitutional court to appoint the judges of the superior electoral court and their substitutes to evaluate the work of the judges of the supreme court of justice article 180. criteria for choosing the national council of the magistrature at forming the supreme court of justice must select three fourths of its members from judges that belong to the system of judicial career and the remaining quarter shall be chosen from professionals of law, academics or members of the public ministry. paragraph i the national council of magistrature, at appointing the male and female judges of the supreme court of justice, shall provide which of them shall occupy the presidency and shall appoint first and second substitutes to replace the president in case of absence or impediment. the president and his substitutes shall exercise these functions for a period of seven years, at the end of which, and given evaluation of their work realized by the national council of magistrature, may be elected for a new period. paragraph ii in case of a lack of judge invested with the qualities expressed above, the national council of magistrature shall appoint a new judge with equal quality or assign it to another of the judges of the supreme court of justice. article 181. evaluation of work the judges of the supreme court of justice shall be subject to evaluation of their work at the end of seven years from their election, by the national council of the magistrature. in cases in which the national council of the magistrature decides it pertinent to separate a judge from his office, it must support its decision in the motives contained in the law that rules the subject. article 182. selection of judges of the constitutional court the national council of the magistrature, at the forming the constitutional court, shall provide which one of them shall occupy the presidency and shall appoint first and second substitutes to replace the president in case of absence or impediment. article 183. selection of the judges of the superior electoral court the national council of magistrature, at appointing the judges and their substitutes of the superior electoral court, shall appoint which of them shall occupy the presidency. title vii. on constitutional control article 184. constitutional court there shall be a constitutional court to guarantee the supremacy of the constitution, the defense of the constitutional order and the protection of fundamental rights. its decisions are definitive and irrevocable and constitute binding precedents for the public powers and all the organs of the state. it shall enjoy administrative and budgetary autonomy. article 185. powers the constitutional court shall be responsible for knowing in sole instance: direct actions of unconstitutionality against the laws, decrees, rules, resolutions and ordinances at the instance of the president of the republic, of one third of the members of the senate or of the chamber of deputies and any person with legitimate and juridically protected interest. the preventative control of international treaties before their ratification by the legislative organ. conflicts of responsibility between the public powers at the instance of one of their heads. any other matter that the law provides. article 186. integration and decisions the constitutional court shall be integrated by thirteen members and its decisions shall be adopted with a majority qualified by nine or more of its members. the judges that have cast a dissident vote may make their motivations known in the adopted decision. article 187. requirements and renewal in order to be a judge of the constitutional court, the same conditions demanded for judges of the supreme court are required. its members shall not be removable during the time of their mandate. the condition of judge may only be lost by death, resignation, or dismissal for grave errors in the exercise of one’s functions, in which case a person may be appointed to complete the period. paragraph the judges of this court shall be appointed for a sole period of nine years. they may not be reelected, except those who have occupied the office for a period less than five years as replacements. the composition of the court shall be renewed in a gradual manner every three years. article 188. diffuse control the courts of the republic shall know the pleadings of constitutionality in the matters submitted for their review. article 189. regulation of the court the law shall regulate the constitutional proceedings and that relative to the organization and the functioning of the constitutional court. title viii. on the defender of the people article 190. autonomy of the defender of the people the defender of the people is an independent authority in his functions and with administrative and budgetary autonomy. he is obligated exclusively to the mandate of this constitution and the laws. article 191. essential functions the essential function of the defender of the people is to contribute to safeguard the fundamental rights of people and the collective and diffuse interests established in this constitution and the law, in case of their being violated by officials or organs of the state, by lenders of public or individual services that affect collective and diffuse interests. the law shall regulate that which is related to its organization and functioning. article 192. election the defender of the people and his adjuncts shall be appointed by the senate for a period of six years, from shortlists proposed by the chamber of deputies and shall remain in the role until they are substituted. the chamber of deputies shall choose the shortlists in an ordinary legislature prior to the completion of the term of the mandate of the appointed and shall submit them before the senate in a period that shall not exceed the fifteen days following its approval. the senate of the republic shall effectuate the election before the thirty following days. paragraph once the periods have ended without the chamber of deputies having chosen and presented the shortlists, the same shall be chosen and presented to the senate by the full supreme court of justice. if it is the senate that does not effectuate the election in the given period, the supreme court of justice shall elects from the shortlists presented by the chamber of deputies. title ix. on the ordering of the territory and the local administration chapter i. on the organization of the territory article 193. principles of territorial organization the dominican republic is a unitary state whose territorial organization has as its ends favoring its integral and equilibrated development and that of its inhabitants, compatible with its needs and with the preservation of its natural resources, of its national identity, and its cultural values. the territorial organization shall be made in accordance with the principles of unity, identity, political, administrative, social and economic rationality. article 194. plan of territorial ordering the formulation and execution, through law, of a plan of territorial ordering that ensures the efficient and sustainable use of the natural resources of the nation, in accordance with the necessity of adaptation to climate change, is a priority of the state, article 195. territorial delimitation through the organic law the name and limits of the regions shall be determined, as well as the provinces and municipalities in which it is divided. chapter ii. on local administration section i. on the regions and provinces article 196. the region the region is the basic unit for the articulation and formulation of the public policies in the national territory. the law shall define all that is related to their responsibilities, composition, organization and functioning and shall determine the number of these. paragraph without prejudice to the principle of solidarity, the state shall procure the reasonable equilibrium of the public investment in the different geographical demarcations in a manner that is proportional to the support of these to the national economy. article 197. the province the province is the intermediary political demarcation in the territory. it is divided in municipalities, municipal districts, sections and regions. the law shall define all that related to its composition, organization and functioning and shall determine the number of them. article 198. civil governor the executive power shall appoint in each province a civil governor, who shall be his representative in this demarcation. in order to be civil governor one must be a male or female dominican, older than twenty-five years of age, and be in full exercise of the civil and political rights. his powers and duties shall be determined by the law. section ii. on the regime of the municipalities article 199. local administration the national district, the municipalities and municipal districts constitute the base of the local political administrative system. they are juridical persons of public right, responsible for their actions, enjoy their own patrimony, budgetary autonomy, with normative and administrative power and the power of the use of their land, fixed in express manner by the law and subject to the power of supervision of the state and to the social control of the citizenry, in the terms established by this constitution and the laws. article 200. municipal taxes the town councils may establish taxes in the area of their demarcation that in an express manner the law establishes, provided that the same never interfere with the national taxes, with the inter-municipal commerce or exportation or with the constitution or the laws. it is the responsibility of the appropriate courts to come to know the disputes that arise on this topic. article 201. local governments the government of the national district and that of the municipalities shall each be in charge of the town council, constituted by two organs complementary to each other, the council of aldermen and the mayor’s office. the council of aldermen is an exclusively normative, regulatory, and supervisory organ integrated by male and female aldermen. they shall have substitutes. the mayor’s office is the executive organ headed by a male or female mayor, whose substitute shall be called the male or female vice mayor. paragraph i the government of the municipal districts shall be in charge of a district board, integrated by a male or female director who shall act as executive organ and a board of chairpersons with normative, regulatory, and supervisory functions. the male or female director shall have a substitute. paragraph ii the political regional, provincial or municipal parties or groups shall make the presentation of candidates to the municipal and municipal district elections for male or female mayor, male or female aldermen, male or female directors and their substitutes, as well as the chairpersons, in accordance with the constitution and the laws that rule the subject. the number of aldermen and their substitutes shall be determined by the law, in proportion to the number or inhabitants, in no case may they be less than five for the national district and the municipalities and never less than three for the municipal districts. they shall be elected every four years by the people of their jurisdiction in the form established by law. paragraph iii naturalized persons with more than five years of residency in a jurisdiction may occupy said offices, in the conditions prescribed by law. article 202. local representatives the male or female mayors of the national district, of the municipalities, as well as the male and female directors of the municipal districts are the legal representatives of the town councils and the municipal boards. their powers and abilities shall be determined by law. section iii. direct mechanisms of local participation article 203. referendum, plebiscites and normative municipal initiative the organic law of local administration shall establish the spheres, requirements and conditions for the exercise of the referendum, plebiscite, and normative municipal initiative with the purpose of strengthening the development of democracy and local administration. chapter iii. on decentralized administration article 204. transfer of responsibilities to the municipalities the state shall promote the transfer of responsibilities and resources towards the local governments, in accordance with this constitution and the law. the implementation of these transfers shall bring with it policies of institutional development, training and professionalization of human resources. article 205. municipal budgetary execution the town councils of the national district, of the municipalities and the boards of municipal districts shall be obligated, as much in the formulation as in the execution of the budgets to formulate, approve, and maintain the appropriations and the expenditures destined for each class of attention and service, in accordance with the law. article 206. participative budgets the investment of municipal resources shall be made through the progressive development of participative budgets that promote integration and citizen co-responsibility in the definition, execution, and control of the policies of local development. article 207. economic obligation of the municipalities the economic obligations contracted by the municipalities, including those that have the guarantee of the state are their responsibility, in accordance with the limits and conditions that the law establishes. title x. on the electoral system chapter i. on the electoral assemblies article 208. exercise of suffrage the exercise of suffrage to elect the authorities of government and to participate in referendums is a right and a duty of the male and female citizens. the vote is personal, free, direct, and secret. no one may be obligated or coerced under any pretext in the exercise of his right to suffrage or to reveal his vote. paragraph members of the armed forces and of the national police, nor those who have lost the rights of citizenship or those who find themselves suspended in those rights do not have the right of suffrage. article 209. electoral assemblies electoral assemblies shall function in electoral colleges that shall be organized in accordance with the law. the electoral colleges shall open every four years to elect the president and vice president of the republic, the legislative representatives, the municipal authorities, and the other officials or elective representatives. these elections shall happen in a separate and independent manner. those for president, vice president, legislative and parliamentary representatives and of international bodies, on the third sunday of the month of may and those of the municipal authorities on the third sunday of the month of february. when in the elections celebrated to elect the president of the republic and the vice president none of the candidate lists obtains at least more than half of the valid votes cast, a second election shall be affected the last sunday of the month of june of the same year. in this last election only the two candidate lists that have achieved the highest number of votes shall participate, and the candidate list that obtains the greater number of valid votes cast shall be considered the winner. the elections shall take place in accordance with the law and with representation of the minorities when two or more candidates must be elected. in cases of extraordinary convocation and referendum, the electoral assemblies shall meet at the latest seventy days after the publication of the law of convocation. the election of authorities cannot coincide with the celebration of a referendum. article 210. referendums popular consultations through referendum shall be regulated by a law that determines all that is related to their celebration, in accordance with the following conditions. they may not be about the approval or the revocation of the mandate of any elected or appointed authority. they shall require prior congressional approval with the vote of two thirds of those present in each chamber. chapter ii. on the electoral organs article 211. organization of the elections the elections shall be organized, directed, and supervised by a central electoral board and the electoral boards below its office, which have the responsibility of guaranteeing liberty, transparency, equity, and objectivity in the elections. section i. on the central electoral board article 212. central electoral board the central electoral board is an autonomous organ with juridical personality and technical, administrative, budgetary and financial independence, whose principal purpose shall be to organize and direct the electoral assemblies for the celebration of elections and or mechanisms of popular participation established by the present constitution and the laws. it shall have regulatory ability in the matters that are its responsibility. paragraph i the central electoral board shall be integrated by a president and four members and their substitutes, elected for a period of four years by the senate of the republic, by the vote of two thirds of the senators present. paragraph ii the civil registry and the identity and electoral card shall be dependents of the central electoral board. paragraph iii during the elections the central electoral board shall assume the direction and command of the public force in accordance with the law. paragraph iv the central electoral board shall safeguard that the electoral processes are realized subject to the principles of liberty and equity in the development of the campaigns and transparency in the utilization of financing. consequently, it shall have the ability to regulate the time periods and limits in the spending of the campaign, as well as the equitable access to the means of communications. article 213. electoral boards in the national district and in each municipality there shall be an electoral board with administrative and contentious functions. in administrative matters they shall be subordinated to the central electoral board. in contentious matters their decisions are appealable before the superior electoral court, in accordance with the law. section ii. on the superior electoral court article 214. superior electoral court the superior electoral court is the appropriate organ to judge and decide with definitive character on the contentious electoral matters and to ordain over the disagreements that arise internally from the parties, groups, and political movements or between them. it shall regulate, in accordance with the law, the proceedings of its responsibility and all that is related to its administrative and financial organization and functioning. article 215. integration the court shall be integrated by no less than three and no more than four electoral judges and their substitutes, appointed for a period of four years by the national council of the magistrature, who shall indicate which of them shall occupy the presidency. chapter iii. on the political parties article 216. political parties the organization of parties, groups and political movements is free and subject to the principles established in this constitution. their conformation and functioning should support themselves in respect for internal democracy and transparency, in accordance with the law. its essential purposes are: to guarantee the participation of male and female citizens in the political processes that contribute to the strengthening of democracy. to contribute in equality of conditions, to the formation and manifestation of the citizen will, respecting political pluralism through the proposal of candidate lists to offices of popular election. to serve the national interest, the collective well-being and the complete development of dominican society. title xi. one the economic and financial regime of the chamber of accounts chapter i. on the economic regime section i. guiding principles article 217. orientation and foundation the economic regime is oriented towards the search for human development. it is based on economic growth, redistribution of wealth, social justice, equity, social and territorial cohesion and environmental sustainability in a framework of free competition, equality of opportunities, social responsibility, participation and solidarity. article 218. sustainable growth private initiative is free. the state shall ensure, together with the private sector, an equilibrated and sustained growth of the economy, with stability of prices, tending toward full employment and the increase of social well-being, through rational utilization of the available resources, the permanent education of human resources and scientific and technological development. article 219. private initiative the state foments private economic initiative, creating policies necessary to promote the development of the country. under the principle of subsidiarity of the state, by its own account or in association with the private and supportive sector, may exercise business activity with the end of ensuring access of the population to basic assets and services and promoting the national economy. paragraph when the state sells off its participation in a business, it may take the methods conducive to democratizing the ownership of its actions and offer to its workers, the solidarity organizations of workers, special conditions to gain said active property. the law shall regulate the subject. article 220. subjectivity to the juridical laws all contracts of the state and persons of public right with physical or juridical foreign persons housed in the country, should count on submission to the laws and jurisdictional organs of the republic. nevertheless, the state and the other persons of public right may submit the disputes derived from contractual relations to jurisdictions constituted in virtue of international treaties in effect. they may also submit them to national and international arbitrage in accordance with the law. article 221. equality of treatment business activity, public or private, receives the same legal treatment. equality of conditions of national and foreign investment is guaranteed, with the limitations established in this constitution and the laws. the law shall concede special treatment to investments that are located in zones with a lower degree of development or in activities of national interest, in particular located in border provinces. article 222. promotion of popular economic initiatives the state recognizes the contribution of popular economic initiatives to the development of the country, foments the conditions of integration of the informal sector in the national economy, incentivizes and protects micro, small, and medium development of businesses, cooperatives, family businesses, and other forms of community association for work, production, savings, and consumption, that generate conditions that permit access to convenient financing, technical assistance, and training. section ii. on the monetary and financial regime article 223. regulation of the monetary and financial system the regulation of the monetary and financial system of the nation is the responsibility of the monetary board as the superior organ of the central bank. article 224. integration of the monetary board the monetary board is integrated by no more than nine members including the governor of the central bank, who presides over it, and ex officio members whose number shall not be more than three. article 225. central bank the central bank of the republic is an entity of public right with juridical personality, its own patrimony, and functional, budgetary, and administrative autonomy. article 226. appointment of monetary authorities the monetary board, represented by the governor of the central bank, shall be in charge of the direction and adequate application of the monetary, exchange, and financial policies of the nation and the coordination of the regulatory entities of the system and of the financial market. article 227. direction of the monetary policies the monetary board, represented by the governor of the central bank, will have at its responsibility the direction and adequate application of the monetary, exchange and financial policies of the nation and the coordination of the regulatory entities of the financial system and of the financial market. article 228. issue of bills and coins the central bank, whose capital is property of the state, is the sole issuer of bills and coins of national circulation and has as its objective to watch for the stability of prices. article 229. national monetary unit the national monetary unit is the dominican peso. article 230. legal force and tender of the monetary unit only bills issues and coins minted by the central bank shall have legal circulation and tender, under the unlimited guarantee of the state and in the proportions and conditions indicated by law. article 231. prohibition of the issuance of monetary signs the issuance of paper, coins, or other monetary signs not authorized by this constitution is prohibited. article 232. modification of the regime of coin or of the bank by exception of that provided in article 122 of this constitution, the modification of the legal regime of coin or of the bank shall require the support of two thirds of the totality of the members of one and the other legislative chamber, provided that it has been initiated by the executive power, at the proposal of the monetary board or with the favorable vote of the same, in which case it shall be ruled by the related provisions of the organic laws. chapter ii. on the public finances section i. on the general budget of the state article 233. elaboration of the budget the elaboration of the project of law of general budget of the state, which considers the probable income, proposed expenses, and the required financing, realized in a framework of fiscal sustainability, ensuring that public indebtedness is compatible with the capacity of payment of the state, is the responsibility of the executive power. paragraph in this project the assignments that are the responsibilities of the different institutions of the state shall be allocated in an individualized manner. article 234. modification of the budget congress may include new line items and modify those that figure into the project of law of general budget of the state or in the project of law that distribute funds submitted by the executive power, with the vote of two thirds of those present of each legislative chamber. paragraph once the law of general budget of the state is voted, budgetary resources from on institution or another may not be transferred, unless in virtue of a law that, when it is not initiated by the executive power, shall have the vote of two thirds of those present in each legislative chamber. article 235. majority of exception the national congress may modify the project of law of general budget of the state when it is submitted later than the date referred to by article 128, number 2, part g, with the absolute majority of the membership of each chamber. article 236. validity of distribution no distribution of public funds shall be valid if it was not authorized by the law and ordered by an appropriate official. article 237. obligation to identify resources laws that order, authorize a payment, or engender a pecuniary obligation to the charge of the state shall not have effect nor validity unless this same law identifies or establishes the resources necessary for its execution. article 238. criteria for assignment of public spending it is the responsibility of the state to realize an equitable assignment of the public spending in the territory. its planning, programming, execution and evaluation shall respond to the principles of subsidiarity and transparency, as well as the criteria of efficiency, priority, and economy. article 239. effectiveness of the law of budget when the congress has not approved the project of law of general budget of the state later than the 31st of december, the law of general budget of the state of the previous year shall rule, with the adjustments given in the organic law of budget, until its approval is produced. article 240. publication of general account annually, in the month of april, the general account of the incomes and expenditures of the republic made in the year shall be published. section ii. on the planning article 241. strategy of development the executive power, after consulting the economic and social council and the political parties, shall elaborate and submit to the national congress a strategy of development that shall define the vision of the nation for the long term. the process of planning and public investment shall be rules by the corresponding law. article 242. multi-year national plan the multi-year national plan of the public sector and its corresponding updates shall be sent to the national congress by the executive power, during the second legislature of the year in which the period of government begins, ager consulting the council of ministers for knowledge of the programs and projected that will be executed during its effectiveness. the results and impacts of its execution shall be realized in a framework of fiscal sustainability. section iii. on taxation article 243. principles of the tax regime the tax regime is based in the principles of legality, justice, equality and equity so that each male and female citizen may fulfill the maintenance of the public burdens. article 244. exemptions from taxes and transferences of rights individuals may only acquire, through concessions that the law or authorizes or contracts that the national congress approves, the right to benefit, for all the time that the concession or contract stipulates and fulfilling the obligations that one and another impose on them, of exemptions, exonerations, reductions or limitations of taxes, contributions, or fiscal or municipal rights that occur in certain works or businesses towards which it has been agreed to attract investment of new capitals for the growth of the national economy or for any other goal of social interest. the transference of rights authorized through contracts shall be subject to ratification on the part of the national congress. chapter iii. on control of public funds article 245. accounting system the dominican state and all its institutions, be they autonomous, decentralized or not, shall be ruled by a sole, uniform, integrated, and harmonized system of accounting, whose criteria shall be fixed by the law. article 246. control and supervision of public funds the control and supervision over the patrimony, income, expenses, and use of public funds shall be achieved by the national congress, the chamber of accounts, the general controller of the republic in the frameworks of their respective responsibilities, and by the society through the mechanisms established in the laws. section i. on the controller general of the republic article 247. internal control the controller general of the republic is the organ of the executive power governing the internal control, exercise of internal supervision and the evaluation of the due collection, management, use and investment of the public resources and authorizes the orders of payment, after proof of fulfillment of the legal and administrative processes of the institutions under its sphere, in accordance with the law. section ii. on the chamber of accounts article 248. external control the chamber of accounts is the superior external organ of fiscal control of the public resources, of the administrative processes and of the patrimony of the state. it has juridical personality, technical character and enjoys administrative, operative, and budgetary autonomy. it shall be composed of five members, elected by the senate of the republic from the shortlists presented to it by the chamber of deputies, for a period of four years and shall remain in their functions until their substitutes are appointed. article 249. requirements in order to be a member of the chamber of accounts one must be a male or female dominican in full exercise of the civil and political rights, be of recognized ethical and moral solvency, have reached the age of thirty years, have a university degree and be prepared for the professional exercise, preferably in the areas of accounting, finance, economics, law or something related, and the other conditions that the law determines. article 250. powers its powers shall be, other than those conferred to it by law: to examine the general and individual accounts of the republic. to present to the national congress reports about the supervision of the patrimony of the state. to audit and analyze the execution of the general budget of the state at the national congress approves each year, taking as base the state of collection and investment of the taxes presented by the executive power, in accordance with the constitution and the laws, and to submit the corresponding report of this on the 30th of april at the latest of the following year, for its knowledge and decision. to issue norms with obligatory character for the inter-institutional coordination of the organs and bodies responsible for the control and auditing of the public resources. to make special investigations at the request of one or both legislative chambers. chapter iv. on the social agreement article 251. economic and social council the social agreement is an essential instrument to ensure the organized participation of employers, workers, and other organizations of society in the construction and permanent strengthening of the social peace. in order to promote it, there shall be an economic and social council, consultative organ of the executive power in economic, social and labor subjects, whose conformation and functioning shall be established by the law. title xii. on the armed forces, the national police, and the security and defense chapter i. on the armed forces article 252. mission and character the defense of the nation is the charge of the armed forces. accordingly: their mission is to defend the independence and sovereignty of the nation, the integrity of its geographic spaces, the constitution and the institutions of the republic. they may also intervene when the president of the republic orders it in programs destined to promote the social and economic development of the country, mitigate situations of disaster and public calamity, and join in assistance of the national police to maintain or reestablish the public order in exceptional cases. they are essentially obedient to the civil power, without political party and do not have the ability, in any case, to deliberate. paragraph the custody, supervision and control of all arms, munitions and other military supplies, material and equipment of war that enter the country or are produced by the national industry is the responsibility of the armed forces, with the restrictions established in the law. article 253. military career the entering, appointing, ascent, retirement, and other aspect of the regime of military career of the members of the armed forces shall be affected without any discrimination, in accordance with its organic law and complementary laws. the reinstatement of its members is prohibited, with the exception of the cases in which the separation or retirement was realized in violation of the organic law of the armed forces, after investigation and recommendation by the corresponding ministry, in accordance with the law. article 254. competence of the military jurisdiction and disciplinary regime the military jurisdiction only has the competence to come to know the military infractions given in the laws about the subject. the armed forces shall have a disciplinary military regime applicable to those faults that do not constitute infractions of the criminal military regime. chapter ii. on the national police article 255. mission the national police is an armed, technical, profession body of a police nature, under the authority of the president of the republic, obedient to civil power, without party ties and without the ability, in any case, to deliberate. the national police has as its mission: to safeguard the citizen security. to prevent and control crimes. to pursue and investigate criminal infractions, under the legal direction of the appropriate authority. to maintain the public order in order to protect the free exercise of the rights of people and the peaceful coexistence in accordance with the constitution and the laws. article 256. police career the entering, appointment, ascent, retirement, and other aspects of the regime of the police career of the members of the national police shall be affected without any discrimination, in accordance with its organic law and the complementary laws. the reinstatement of its members, with the exception of the cases in which the retirement or separation was realized in violation of the organic law of the national police, after investigation and recommendation of the corresponding ministry, in accordance with the law. article 257. competence and disciplinary regime the police jurisdiction only has the competence to come to know the police infractions given in the laws on the subject. the national police shall have a police disciplinary regime applicable to those faults that do not constitute infractions of the criminal police regime. chapter iii. on security and defense article 258. council on security and national defense the council of security and national defense is a consultative organ that assists the president of the republic in the formulation of the policies and strategies on this subject and in any matter that the executive power submits for its consideration. the executive power shall regulate its composition and functioning. article 259. defensive character the armed forces of the republic, in the development of its mission, shall have an essentially defensive character, without prejudice to that provided in article 260. article 260. high priority objectives high priority national objectives are: to combat transnational criminal activities that put the interests of the republic and its inhabitants in danger. to organize and sustain effective systems that prevent or mitigate damages caused by natural and technological disasters. article 261. public security or defense corps the national congress, at the request of the president of the republic, may provide for, when the national interest requires, the formation of permanent public security of defense corps with members from the armed forces and the national police that shall be subordinates of the ministry or institution of the realm of their respective competencies in virtue of the law. the system of intelligence of the state shall be regulated through the law. title xiii. on the states of exception article 262. definition those extraordinary situations that gravely affect the security of the nation, of the institutions and of the people before which the ordinary abilities are insufficient are considered states of exception. the president of the republic, with the authorization of the national congress, may declare the states of exception in three modalities: state of defense, state of interior commotion and state of emergency. article 263. state of defense in the case of the national sovereignty or the territorial integrity being seen as in grave and imminent danger by external armed aggressions, the executive power, without prejudice to the inherent abilities of his office, may request from the national congress the declaration of state of defense. in this state the following may not be suspended: the right to life, following the provisions of article 37. the right to personal integrity, following the provisions of article 42. liberty of conscience and religions, following the provisions of article 45. the protection of the family, following the provisions of article 55. the right to one’s name, following the provisions of article 55, number 7. the rights of the child, following the provisions of article 56. the right to nationality, following the provisions of article 18. the rights of citizenship, following the provisions of article 22. the prohibition of slavery and servitude, following the provisions of article 41. the principle of legality and of non-retroactivity, following that established in article 40, numbers 13 and 15. the right to the recognition of juridical personality, following the provisions of articles 43 and 55, number 7. the judicial, process, and institutional guarantees indispensable for the protection of those rights, following the provisions of article 69, 71, and 72. article 264. state of interior commotion the state of interior commotion may be declared in all or in part of the national territory, in the case of grave disturbance of the public order that makes an attempt against institutional stability, the security of the state or citizen coexistence in an imminent manner or that may not be avoided through the use of the ordinary powers of the authorities. article 265. state of emergency the state of emergency may be declared when facts different from those discussed in articles 263 and 264 occur that disturb or threaten to disturb in a grave an imminent manner the economic, social environmental order of the country or that constitute a public calamity. article 266. regulatory provisions the states of exception shall be subject to the following provisions: the president shall obtain the authorization of congress to declare the appropriate state of exception. if the congress is not meeting, the president may declare it, which will bring with it immediate convocation of the same so that it may decide in that regard. while the state of exception remains, the congress shall meet with the fullness of its powers and the president of the republic shall inform it in a continuous manner about the provisions that he has taken and the evolutions of events. all the authorities of elective character maintain their powers during the effect of the states of exception. the states of exception do not exempt the authorities and other servants of the state from the fulfillment of the law and their responsibilities. the declaration of the states of exception and the acts adopted during the same shall be submitted to constitutional control. in the states of interior commotion and of emergency, only the following rights recognized by this constitution may be suspended: remission to prison, following the provisions of article 40, number 1 deprivation of liberty without cause or without the legal formalities, following that provided in article 40, number 6. times of submission to the judicial authority or for being set free, established in article 40, number 5. the transfer from prison establishments or other locations, provided in article 40, number 12. the presentation of detained persons, established in article 40, number 11. that related to habeas corpus, regulated in article 71. the inviolability of the home and private premises, provided in article 44, number 1 the freedom of transit, provided in article 46. freedom of expression, in the terms provided by article 49. the freedoms of association and meeting, establishes in articles 47 and 48. the inviolability of correspondence, established in article 44, number 3. as soon as the reasons that gave rise to the state of exception have ceased, the executive power shall declare its raising. the national congress, the reasons that gave rise to the state of exception having ceased, shall provide its raising if the executive power refuses to do so. title xiv. on constitutional reforms chapter i. on the general norms article 267. constitutional reform the reform of the constitution may only be made in the form that it itself indicates, and may never be suspended nor annulled for any reason or by any authority nor by popular acclamations. article 268. form of government no modification to the constitution may deal with the form of government which must always be civil, republican, democratic, and representative. article 269. constitutional reform initiative this constitution may be reformed if the reform proposition is presented in the national congress with the support of one third of the members of one or the other chamber, or if it is submitted by the executive power. chapter ii. on the national revisory assembly article 270. convocation of the national revisory assembly the necessity of constitutional reform shall be declared by a law of convocation. this law, to which the executive power may not make observations, shall order the meeting of the national revisory assembly, shall contain the object of the reform and shall indicate the article or articles of the constitution about which they shall deal. article 271. quorum of the national revisory assembly in order to decide on the proposed reform, the national revisory assembly shall meet within the fifteen days following the publication of the law that declares the necessity of the reform, with the presence of more than half of the members of each one of its chambers. its decisions shall be made by the majority of two thirds of the votes. constitutional reform may not be made in the case of the effect of one of the states of exception given in article 262. once the reform is voted on and proclaimed by the national revisory assembly, the constitution shall be published in full with the reformed texts. article 272. approval referendum when the reform deals with rights, fundamental guarantees and duties, the territorial and municipal ordering, the regime of nationality, citizenship, and foreigners, the regime of coin, and over the procedures of reform instituted in this constitution, it shall require the ratification of the majority of the male and female citizens with electoral rights, in an approval referendum convoked for that effect by the central electoral board, once voted and approved by the national revisory assembly. paragraph i the central electoral board shall submit the reforms for referendum within the sixty days following its formal reception. paragraph ii the approval of the reforms to the constitution by way of referendum requires more than half of the votes of those who may vote and that the number of those exceeds thirty percent of the total of male and female citizens that form the electoral register, adding the voters that express themselves with “yes” or with “no.” paragraph iii if the result of the referendum is affirmative, the reform shall be proclaimed and published in full with the reformed texts by the national revisory assembly. title xv. general and transitory provisions chapter i. general provisions article 273. grammatical genders the grammatical genders that are adopted in the wording of the text of this constitution do not signify, in any way, restriction to the principle of equality of rights of women and men. article 274. constitutional term of elected officials the elected exercise of the president and vice president of the republic, as well as the legislative representatives and parliamentary members of international organs, shall end uniformly on the 16th of august of every four years, the date on which the corresponding constitutional term begins, with the exceptions given in this constitution. paragraph i the municipal authorities elected on the third sunday of february of each four years shall take possession on the 24th of april of the same year. paragraph ii when an elected official stops in the exercise of the office due to death, resignation, disqualification or another reason, he who substitutes him shall remain in the exercise of the office until the term is complete. article 275. term of officials of constitutional organs the members of constitutional organs, once the period of the mandate for which they were appointed ends, shall remain in their offices until those who substitute them take possession. article 276. oath of appointed officials thee person appointed to exercise a public office shall take an oath to respect the constitution and the laws, and to faithfully carry out the duties of his office. this path shall be taken before an appropriate public functionary or official. article 277. decisions with authority of an irrevocably judged matter all judicial decisions that have acquired the authority of an irrevocably judged matter, especially those dictated in an exercise of direct control of the constitutionality by the supreme court of justice, until the moment of the proclamation of the present constitution, may not be examined by the constitutional court and those after shall be subject to the process that the law that rules the subject determines. chapter ii. on the transitory provisions first the council of judicial power shall be created within the six months after the entrance into effect of the present constitution. second the constitutional court, established in the present constitution, shall be formed within the twelve months following the entrance into effect of the same. third the supreme court of justice shall maintain the functions attributed by this constitution to the constitutional court and to the council of judicial power until these instances have been integrated. fourth the current judges of the supreme court of justice that are not left in retirement by having reached seventy-five years of age shall be submitted to an evaluation of work by the national council of magistrature, which shall determine their confirmation. fifth the superior council of the public ministry shall carry out the functions established in the present constitution within the six months following the entry into effect of the same. sixth the existing contentious administrative and tax court shall become the superior administrative court created by this constitution. the supreme court of justice shall provide the administrative methods necessary for its adaptation, until the council of judicial power is integrated. seventh the current members of the central electoral board shall remain in their offices until the conformation of the new organs created by the present constitution and the appointment of their incumbents. eighth the provisions related to the central electoral board and to the superior electoral court established in this constitution shall enter into effect starting from the new integration that is produced in the period that begins on the 16th of august of 2010. exceptionally, the members of those electoral organs shall exercise their mandate until the 16th of august of 2016. ninth the process of appointment that is established in the present constitution for the members of the chamber of accounts shall rule beginning on the 16th of august of the year 2010. exceptionally, the members of this organ shall remain in their offices until 2016. tenth the dispositions contained in article 272 related to the approval referendum, by exception, are not applicable to the present constitutional reform. eleventh the laws to which observations are made by the executive power that have not been decided by the national congress at the moment of the entrance into effect of this constitution, shall be approved in the two ordinary legislatures following the proclamation of the present constitution. once this period has ended, the same shall be considered as not initiated. twelfth all the authorities elected through direct vote in the congressional and municipal elections of the year 2010, exceptionally, shall last in their offices until the 16th of august 2016. thirteenth the male and female deputies, to be elected in representation of the dominican communities in the exterior shall be elected, exceptionally the third sunday of may of the year 2012 for a period of four years. fourteenth by exception, the electoral assemblies to elect the municipal authorities shall be celebrated in the year 2010 and 2016 the third sunday of may. fifteenth the contracts pending decision left with the national congress at the time of the approval of the provisions contained in article 128, number 2, part d, of this constitution shall exhaust the legislations steps provided in the constitution of the year 2002. sixteenth the law that shall regulate the general organization and administration of the state shall provide that related to the ministries to which article 134 of this constitution refers. this law shall enter into effect at the latest in october of 2011, with the objective that the new provisions are incorporated in the general budges of the state for the following year. seventeenth that provided in this constitution for the elaboration and approval of the law of general budget of the state shall enter into full effect beginning on the first of january of 2010, in such a manner that for the year 2011 the country will have a budget in accordance with that established in this constitution. eighteenth the budgetary provisions for the implementation of the organs that are created in the present constitution shall be contained in the budget of 2010, in a manner that ensures its full entry into effect in the year 2011. nineteenth in order to guarantee the gradual renovation of the membership of the constitutional court, by exception of that provided in article 187, its first thirteen member shall be substituted in three groups, two of four and one of five, at six, nine, and twelve years of exercise, respectively, through a random process. the first four judges to leave, by exception, may be considered for a single new period. twentieth in the case that the president of the republic corresponding to the constitutional term 2012-2016 is a candidate for the same office for the constitutional period 2016-2020, he may not present himself for the following term nor any other term nor for the vice presidency of the republic. final provision final provision this constitution shall enter into effect starting from its proclamation by the national assembly and its full and immediate publication ordered. preamble the haitian people proclaim this constitution: to guarantee their inalienable and imprescriptible rights to life, to liberty and to the pursuit of happiness; in accordance with their act of independence of 1804 and with the universal declaration of the rights of man of 1948. to constitute a haitian nation, socially just, economically free, and politically independent. to establish a state stable and strong, capable of protecting the values, the traditions, the sovereignty, the independence and the national vision. to implant democracy which implies ideological pluralism and political alternation and to affirm the inviolable rights of the haitian people. to fortify the national unity, eliminating all discrimination between the populations, of the towns and of the countryside, by the acceptance of the community of languages and of culture and by the recognition of the right to progress, to information, to education, to health, to work and to leisure for all citizens [masculine] and citizens [feminine]. to assure the separation, and the harmonious division of the powers of the state to the service of the fundamental interests and priorities of the nation. to establish a governmental regime based on the fundamental liberties and the respect for human rights, the social peace, economic equity, the equity of gender, the concerted action and the participation of all the population in the grand decisions engaging the national life, by an effective decentralization. to assure to women a representation in the instances of power and of decision which must conform to the equality of the sexes and to equity of gender. title i. the republic of haiti; its emblem and its symbols chapter i. the republic of haiti first article [amended by the constitutional law of 9 may 2011 / 19 june 2012] haiti is an indivisible, sovereign, independent, free, democratic and unified republic. first article 1 the city of port-au-prince is the capital and the seat of government. this seat may be moved elsewhere for reasons of force majeure. article 2 the national colors shall be blue and red. article 3 the emblem of the haitian nation shall be a flag with the following description: two (2) equal sized horizontal bands: a blue one on top and a red one underneath; the coat of arms of the republic are: a palette surmounted by the liberty cap, and under the palms a trophy with the legend: in union there is strength. article 4 the national motto is: liberty; equality, fraternity. article 4-1 the national anthem shall be the “dessalinienne.” article 5 all haitians are united by a common language: creole. creole and french are the official languages of the republic. article 6 the monetary unit shall be the gourde, which is divided into centimes. article 7 the cult of the personality is categorically forbidden. effigies and names of living personages may not appear on the currency, stamps, seals, public buildings, streets or works of art. article 7-1 use of effigies of deceased persons must be approved by the legislature. chapter ii. territory of the haitian republic article 8 the territory of the haitian republic comprises: the western part of the island of haiti and the adjacent island of la gonave, la tortue, i’ile a vache, les cayemittes, la navase, la grande caye and the other islands of the territorial sea; it is bounded on the east by the dominican republic, on the north by the atlantic ocean, on the south and west by the caribbean sea or sea of the antilles; the air space over the land sea of the republic. article 8-1 the territory of the haitian republic is inviolable and may not be alienated either in whole or in part by any treaty or convention. article 9 the territory of the republic is divided and subdivided into departments, arrondissements, communes, quartiers and communal sections. article 9-1 the law determines the number and boundaries of these divisions and subdivisions, and regulates their organization and operation. title ii. haitian nationality article 10 the regulations governing haitian nationality shall be determined by law. article 11 any person born of a haitian father or haitian mother who are themselves native-born haitians and have never renounced their nationality possesses haitian nationality at the time of birth. article 11-1 [inserted by the constitutional law of 9 may 2011 / 19 june 2012] the law establishes the conditions in which an individual may acquire the haitian nationality. article 12 [amended by the constitutional law of 9 may 2011 / 19 june 2012] any haitian, except for the privileges reserved to haitians of origin, is subject to all the rights, duties and obligations attached to their haitian nationality. no haitian can make their foreign nationality prevail on the territory of the republic. article 12-1 [abrogated by the constitutional law of 9 may 2011 / 19 june 2012] article 12-2 [abrogated by the constitutional law of 9 may 2011 / 19 june 2012] article 13 [abrogated by the constitutional law of 9 may 2011 / 19 june 2012] article 14 [abrogated by the constitutional law of 9 may 2011 / 19 june 2012] article 15 [abrogated by the constitutional law of 9 may 2011 / 19 june 2012] title iii. basic rights and duties of the citizen chapter i. the nature of the citizenship article 16 [amended by the constitutional law of 9 may 2011 / 19 june 2012] the enjoyment, and the exercise of the civil and political rights constitute the quality of the citizen. the suspension or the loss of these rights is regulated by the law. article 16-1 [abrogated by the constitutional law of 9 may 2011 / 19 june 2012] article 16-2 the age of majority is eighteen (18) years. article 17 all haitians, regardless of sex or marital status, who have attained twenty-one years of age may exercise their political and civil rights if the meet the other conditions prescribed by the constitution and by law. article 17-1 [inserted by the constitutional law of 9 may 2011 / 19 june 2012] the principle of the quota of at least thirty percent (30%) of women is recognized at all levels of national life, notably in the public services. article 18 [amended by the constitutional law of 9 may 2011 / 19 june 2012] haitians shall be equal before the law, subject to the special advantages conferred on native-born haitians who have never renounced their nationality. chapter ii. basic rights section a. right to life and health article 19 the state has the absolute obligation to guarantee the right to life, health, and respect of the human person for all citizens without distinction, in conformity with the universal declaration of the rights of man. article 20 the death penalty is abolished in all cases. article 21 the crime of high treason consists in bearing arms in a foreign army against the republic, serving a foreign nation in a conflict with the republic, in any official’s stealing state property, entrusted to his management, or any violation of the constitution by those responsible for enforcing it. article 21-1 the crime of high treason is punishable by forced labor for life without commutation of sentence. article 22 the state recognizes the right of every citizen to decent housing, education, food and social security. article 23 the state has the obligation to ensure for all citizens in all territorial divisions appropriate means to ensure protection, maintenance and restoration of their health by establishing hospitals, health centers and dispensaries. section b. individual liberty article 24 individual liberty is guaranteed and protected by the state. article 24-1 no one may be prosecuted, arrested or detained except in the cases determined by law and in the manner it prescribes. article 24-2 except where the perpetrator of a crime is caught in the act, no one may be arrested or detained other than by written order of a legally competent official. article 24-3 for such an order to be carried out, the following requirements must be met: it must formally state the reason in creole and in french for the arrest or detention and the provision of the law that provides for punishment of the act charged. legal notice must be given and a copy of the order must be left with the accused at the time of its execution; the accursed must be notified of his right to be assisted by counsel at all phases of the investigation of the case up to the final judgment; except where the perpetrator of a crime is caught in the act, no arrest by warrant and no search may take place between six (6) p.m. and six (6) a.m. responsibility for an offense is personal, and no one may be arrested in the place of another. article 25 any unnecessary force or restraint in the apprehension of a person or in keeping him under arrest, or any psychological pressure or physical brutality, especially during interrogation, is forbidden. article 25-1 no one may be interrogated without his attorney or a witness of his choice being present. article 26 no one may be kept under arrest more than forty-eight (48) hours unless he has appeared before a judge asked to rule on the legality of the arrest and the judge has confirmed the arrest by a well-founded decision. article 26-1 in the case of a petty violation, the accursed shall be referred to a justice of the peace, who shall then hand down a final decision. in the case for more serious offenses or crimes, an appeal may be filed, without prior permission, simply by addressing a petition to the presiding judge of the competent civil court, who, on the basis of the oral statement of the prosecutor, shall rule on the legality of the arrest and detention, in a special session of the court, without postponement or rotation of judges, all other cases being suspended. article 26-2 if the arrest is judged to be illegal, the judge shall order the immediate release of the arrested person and that order shall be enforceable immediately, regardless of any appeal to a higher court or the supreme court for an order forbidding enforcement of the judgment. article 27 any violation of the provisions on individual liberty are arbitrary acts. injured parties may, without prior authorization, appeal to the competent courts, to bring suit against the authors and perpetrators of these arbitrary acts, regardless of their rank or the body to which they belong. article 27-1 government officials and employees are directly liable under civil and administrative criminal law for acts carried out in violation of rights. in such cases, civil liability extends to the state as well. section c. freedom of expression article 28 every haitian has the right to express his opinions freely on any matter by any means he chooses. article 28-1 journalists shall freely exercise their profession within the framework of the law. such exercise may not be subject to any authorization or censorship, except in the case of war. article 28-2 journalists may not be compelled to reveal their sources. however, it is their duty to verify the authenticity and accuracy of information. it is also this obligation to respect the ethics of their profession. article 28-3 all offenses involving the press and abuses of the right of expression come under the code of criminal law. article 29 the right of petition is recognized. it is exercised personally by one or more citizens but never in the name of a body. article 29-1 [abrogated by the constitutional law of 9 may 2011 / 19 june 2012] section d. freedom of conscience article 30 all religions and faiths shall be freely exercised. everyone is entitled to profess his religion and practice his faith, provided the exercise of that right does not disturb law and order. article 30-1 no one may be compelled to belong to a religious organization or to follow a religious teaching contrary to his convictions. article 30-2 the law establishes the conditions for recognition and practice of religions and faiths. section e. freedom of assembly and association article 31 freedom of unarmed assembly and association for political, economic, social, cultural or any other peaceful purposes is guaranteed. article 31-1 political parties and groups shall compete with each other in the exercise of suffrage. they may be established and may carry out their activities freely. they must respect the principles of national and democratic sovereignty. the law determines the conditions for their recognition and operation, and the advantages and privileges reserved to them. article 31-1-1 [inserted by the constitutional law of 9 may 2011 / 19 june 2012] any law concerning the political parties must reserve in its structures and in its mechanisms of functioning a treatment in conformity with the principle of the quota of at least thirty percent (30%) of women as expressed in article 17-1. article 31-2 the police authorities must be notified in advance of assemblies outdoors in public places. article 31-3 no one may be compelled to join any association of any kind. section f. education and teaching article 32 [amended by the constitutional law of 9 may 2011 / 19 june 2012] the state guarantees the right to education. instruction is free to all the degrees. this freedom is exercised under the control of the state. article 32-1 [amended by the constitutional law of 9 may 2011 / 19 june 2012] education is a responsibility of the state and of the territorial collectivities. they must place school freely within the reach of all, and see to the level of training of the teachers of the public and non-public sectors. article 32-2 the first responsibility of the state and its territorial divisions is education of the masses, which is the only way the country can be developed. the state shall encourage and facilitate private enterprise in this field. article 32-3 [amended by the constitutional law of 9 may 2011 / 19 june 2012] fundamental education is obligatory. the classical necessities and didactic materials shall be placed freely by the state at the disposition of the students at the level of fundamental education. article 32-4 [amended by the constitutional law of 9 may 2011 / 19 june 2012] agricultural, vocational and technical education is a responsibility taken by the state and the territorial collectivities. article 32-5 [amended by the constitutional law of 9 may 2011 / 19 june 2012] preschool and maternal instruction will be a responsibility taken by the state and the territorial collectivities. article 32-6 [amended by the constitutional law of 9 may 2011 / 19 june 2012] the access to superior studies is open, in full equality, to all. article 32-7 [amended by the constitutional law of 9 may 2011 / 19 june 2012] the state must see to it that each territorial collectivity is endowed with establishments adapted to the needs of its development. article 32-8 [amended by the constitutional law of 9 may 2011 / 19 june 2012] the state guarantees to persons with special needs the protection, the education and any other means necessary for their full enjoyment and for their integration or reintegration into society. article 32-9 [amended by the constitutional law of 9 may 2011 / 19 june 2012] the state and the territorial collectivities have as a duty to make all the provisions necessary with a view to intensify the campaign of literacy of the masses. they encourage all private initiatives directed to this end. article 32-10 teachers are entitled to a fair salary. article 33 there shall be freedom of education at all levels. this freedom shall be exercised under the control of the state. article 34 except where perpetrators of crimes are caught in the act, the premises of educational establishments are inviolable. no police forces may enter them except with the permission of the supervisors of those establishments. article 34-1 this provision does not apply when an educational establishment is used for the purposes. section g. freedom to work article 35 freedom to work is guaranteed; every citizen has the obligation to engage in work of his choice to meet his own and his family’s needs, and to cooperate with the state in the establishment of a social security system. article 35-1 every employee of a private or public institution is entitled to a fair wage, to rest, to a paid annual vacation and to a bonus. article 35-2 the state guarantees workers equal working conditions and wages regardless of their sex, beliefs, opinions and marital status. article 35-3 trade union freedom is guaranteed. any worker in the public or private sector may join a union representing his particular occupation solely to protect his work interests. article 35-4 unions are essentially nonpolitical, nonprofit, and nondenominational. no one may be forced to join a union. article 35-5 the right to strike is recognized under the limits set by law. article 35-6 the minimum age for gainful employment is set by law. special laws govern the work of minors and servants. section h. property article 36 private property is recognized and guaranteed. the law specifies the manner of acquiring and enjoying it, and the limits placed upon it. article 36-1 expropriation for a public purpose may be effected only by payment or deposit ordered by a court in favor of the person entitled thereto, of fair compensation established in advance by an expert evaluation. if the initial project is abandoned, the expropriation is canceled. the property may not be subject to any speculation and must be restored to its original owner without any reimbursement for the small holder. the expropriation measure is effective upon the startup of the project. article 36-2 nationalization and confiscation of goods, property and buildings for political reasons are forbidden. no one may be deprived of his legitimate right of ownership other than by a final judgment by a court of ordinary law, except under an agrarian reform. article 36-3 ownership also entails obligations. uses of property cannot be contrary to the general interest. article 36-4 landowners must cultivate, work, and protect their land, particularly against erosion. the penalty for failure to fulfill this obligation shall be prescribed by law. article 36-5 the right to own property does not extend to the coasts, springs, rivers, water courses, mines and quarries. they are part of the state’s public domain. article 36-6 the law shall establish regulations governing freedom to prospect for and work mines, or bearing earths, and quarries, ensuring an equal share of the profits of such exploitation to the owner of the land and to the haitian state or its concessionnaires. article 37 the law shall set conditions for land division and aggregation in terms of a territorial management plan and the well-being of the communities concerned, within the framework of agrarian reform. article 38 scientific, literary and artistic property is protected by law. article 39 the inhabitants of the communal sections have the right of preemption for the exploitation of the state’s land in the private domain located in their locality. section i. right to information article 40 the state has the obligation to publicize in the oral, written and televised press in the creole and french languages all laws, orders, decrees, international agreements, treaties, and conventions on everything affecting the national life, except for information concerning national security. section j. right to security article 41 no person of haitian nationality may be deported or forced to leave the national territory for any reason. no one may be deprived for political reasons of his legal capacity and his nationality. article 41-1 no haitian needs a visa to leave or return to the country. article 42 no citizen, whether civilian or military, may be denied access to the courts open to him under the constitution and the laws. article 42-1 military personnel accused of the crime of high treason against the country shall be tried in a court of ordinary law. article 42-2 military courts have jurisdiction only: in the case of violation by military personnel of regulations in the manual of military justice; in the case of conflicts between members of the armed forces; in the case of war. article 42-3 cases of conflicts between civilians and military personnel, abuses, violence and crimes perpetrated against a civilian by a member of the military in the performance of his duties are under the jurisdiction of courts for ordinary law. article 43 no house search or seizure of papers may take place except under the terms of the law and in the manner prescribed by it. article 44 persons detained temporarily awaiting trial must be held separately from those who are serving sentence. article 44-1 prisons must be operated in accordance with standards reflecting respect for human dignity according to the law on this subject. article 45 no penalty may be established except by law nor applied except in cases that the law determines. article 46 no own may be compelled in cases of crimes, minor offenses, or petty violations to bear witness against himself or his relatives up to the fourth degree of consanguinity or the second degree of affinity. article 47 no one may be compelled to take an oath except in the cases and in the manner provided for by law. article 48 the state shall see to it that a civil pension retirement fund is established in the public and private sectors. the fund shall receive contributions from employers and employees, in accordance with the criteria and in the manner established by law. the granting of a pension is a right and not a privilege. article 49 freedom and privacy of correspondence and any other forms of communication are inviolable. they may be limited only by a well-founded judicial ruling, according to the guarantees by law. article 50 under the constitution and the law, a jury is established in criminal cases for violent crimes and political offenses. article 51 the law may not be made retroactive except in criminal cases when it favors the accused. chapter iii. duties of the citizen article 52 citizenship entails civic duties. every right is counterbalanced by a corresponding duty. article 52-1 civic duties are the citizen’s moral, political, social and economic obligations as a whole to the state and the country. these obligations are: to respect the constitution and the national emblem; to respect the laws; to vote in elections without constraint; to pay his taxes; to serve on a jury; to defend the country in the event of war; to educate and improve himself; to respect and protect the environment; to respect scrupulously the revenues and properties of the state; to respect the property of others; to work to maintain peace; to provide assistance to persons in danger; to respect the rights and freedom of others. article 52-2 failure to abide by these provisions shall be punishable by law. article 52-3 compulsory civic service for both sexes is established. the terms thereof shall be set by law. title iv. aliens article 53 the conditions under which aliens may be admitted to or remain in the country are established by law. article 54 aliens in the territory of the republic shall enjoy the same protection accorded to haitians, under the law. article 54-1 aliens enjoy civil, economic and social rights subject to legal provisions on the right to own real property, the practice of a profession, engaging in wholesale trade, serving as a commercial representative, and engaging in import and export operations. article 55 the right to own real property is accorded to aliens resident in haiti for the needs of their sojourn in the country. article 55-1 however, aliens residing in haiti may not own more than one dwelling in the name arrondissement. they may in no case engage in the business of renting real estate. however, foreign companies engaged in real estate promotion shall receive the benefits of a special status regulated by law. article 55-2 the right to own real property shall be accorded also to aliens residing in haiti and to foreign companies for the needs of their agricultural, commercial, industrial, religious, humanitarian or educational enterprises, within the limits and under the conditions prescribed by law. article 55-3 no alien may be the owner of a building bounded by the haitian land order. article 55-4 the right terminates five(5) years after an alien ceases to reside in the country or the operation of this companies have terminates, pursuant to the law establishing regulations to be followed for the transmission and liquidation of property owned by aliens. article 55-5 violators of the above provisions and their accomplices shall be punished as provided for in the law. article 56 an alien may be expelled from the territory of the republic if he becomes involved in the political life of the country, or in cases determined by law. article 57 the right to asylum for political refugees is recognized. title v. national sovereignty article 58 national sovereignty is vested in all citizens. citizens directly exercise the prerogatives of sovereignty by: electing the president of the republic; electing members of the legislature; electing members of all other bodies or all assemblies provided for by the constitution and by law. article 59 citizens delegate the exercise of national sovereignty to three (3) powers of government: the legislative power; the executive power; the judicial power. the principle of separation of the three (3) powers is embodied in the constitution. article 59-1 the three (3) powers constitute the essential foundation of the organization of the state, which is civil. article 60 each power is independent of the other two (2) in the powers it exercises separately. article 60-1 none of them may, for any reason, delegate their powers in all or in part, nor go beyond the bounds set for them by the constitution and by law. article 60-2 each of the three (3) powers is entirely responsible for its own acts. chapter i. territorial divisions and decentralization article 61 the territorial divisions are the communal sections, the communes and the departments. article 61-1 the law may create any other territorial division. section a. communal sections article 62 the communal section is the smallest administrative territorial entity of the republic. article 63 [amended by the constitutional law of 9 may 2011 / 19 june 2012] the administration of each communal section is assured by a council of three (3) members elected by universal suffrage for a term of four (4) years. they are indefinitely re-eligible. its mode of organization and of functioning is regulated by the law. article 63-1 the administrative council of the communal section is assisted in its work by an assembly of the communal section. article 64 the state is obligated to establish for each communal section the structures required for social, economic, civic and cultural training of its population. article 65 members of the administrative council of the communal section must: be haitians and be at least twenty-five (25) years of age; have resided in the communal section for two (2) years before the elections and continue to reside there: enjoy civil and political rights and never been sentenced to death, personal restraint or penal servitude or the loss of civil rights. section b. communes article 66 communes have administrative and financial autonomy. each commune of the republic is administered by a council, known as the municipal council, of three (3) members elected by universal suffrage. article 66-1 the president of the council is assisted in its work by a municipal assembly composed among others, of a representative of each of its communal sections. article 67 the municipal council is assisted in its work by a municipal assembly composed, among others, of a representative of each of its communal sections. article 68 [amended by the constitutional law of 9 may 2011 / 19 june 2012] the mandate of the municipal council is of four (4) years and its members are indefinitely re-eligible. article 69 the mode of organization and operation of the commune and the municipal council are regulated by law. article 70 members of a municipal council must: be haitians; have attained twenty-five (25) years of age; enjoy civil and political rights; have never been sentenced to death, personal restraint or penal servitude or the loss of civil rights; have resided at least three (3) years in the commune and undertake to reside there for the duration of their term. article 71 each municipal council is assisted at its request by a technical council furnished by the central government. article 72 the municipal council may be dissolved for negligence, embezzlement, or maladministration, legally determined by a court of competent jurisdiction. if it is dissolved, the departmental council shall immediately fill the vacancy and call upon the permanent electoral council to elect, in sixty (60) days starting from the date the council is dissolved, a new council and shall manage the affairs of the commune for the remainder of the term. this procedure also applies to vacancies occurring for any other reason. article 73 the municipal council manages its resources for the exclusive benefit of the municipality and renders its accounts to the municipal assembly which in turn reports to the departmental council. article 74 [amended by the constitutional law of 9 may 2011 / 19 june 2012] the municipal council has the privilege of seeing to the management of the land assets of private domain of the state situated within the limits of the commune by the competent services conforming to the law. section c. arrondissements article 75 the arrondissement is an administrative division that may comprise several communes. its organization and operations are governed by law. section d. departments article 76 the department is the largest territorial division. it comprises the arrondissements. article 77 the department has legal personality and is autonomous. article 78 [amended by the constitutional law of 9 may 2011 / 19 june 2012] each department is administered by a council of three (3) members elected for four (4) years by the departmental assembly. article 79 members of the departmental council are not necessarily drawn from the assembly, but they must: be haitians and at least twenty-five (25) years of age; have resided in the department three (3) years before the elections and undertake to remain there during their term; enjoy civil and political rights and have never been sentenced to death, personal restraint, or penal servitude or the loss of civil rights. article 80 the departmental council is assisted in its work by a departmental assembly made up of: one (1) representative from each municipal assembly. article 80-1 the following may attend assembly meetings in an advisory capacity: deputies and senators of the department; one (1) representative of each socio-professional association or union; the departmental delegate; the director of public services of the department. article 81 the departmental council draws up the department’s development plan in cooperation with the central government. article 82 the organization and operations of the departmental council and the departmental assembly are regulated by law. article 83 the departmental council manages its financial resources for the exclusive benefit of the department and renders its accounts to the departmental assembly, which in turn reports to the central government. article 84 the departmental council may be dissolved in the event of embezzlement or maladministration legally determined by a court of competent jurisdiction. if it is dissolved, the central government appoints a provisional commission and calls upon the permanent electoral council to elect a new council for the remainder of the term within sixty (60) days of the dissolution. section e. delegates and vice delegates article 85 in each departmental capital, the executive power appoints a representative, who bears the title of delegate. a vice delegate placed under the authority of the delegate is also appointed in each arrondissement capital. article 86 delegates and vice delegates ensure coordination and control of public services and exercise no repressive police function. other duties of delegates and vice delegates are determined by law. section f. interdepartmental council article 87 the executive is assisted by an interdepartmental council, the members of which are designated by the departmental assemblies on the basis of one (1) per department. article 87-1 this representative chosen from among the members of the departmental assemblies serves as liaison between the department and the executive power. article 87-2 the interdepartmental council, in concert with the executive, studies and plans projects for decentralization and development of the country from the social, economic, commercial, agricultural and industrial standpoint. article 87-3 it attends working meetings of the council of ministers, when they discuss subjects mentioned in the preceding paragraph and has the right to vote. article 87-4 decentralization must be accompanied by deconcentration of public services with delegation of power and industrial decompartmentalization for the benefit of the departments. article 87-5 [amended by the constitutional law of 9 may 2011 / 19 june 2012] the law determines the organization and the functioning of the interdepartmental council. chapter ii. the legislative power article 88 legislative power shall be vested in two (2) representative chambers. one (1) chamber of deputies and one (1) senate, comprising the legislature or parliament. section a. the chamber of deputies article 89 the chamber of deputies is a body composed of members elected by direct suffrage by the citizens and is responsible for exercising, on their behalf and in concert with the senate, the functions of the legislative power. article 90 each municipal authority comprises an electoral district and elects one (1) deputy. the law sets up to three (3) the number of deputies at the level of large built-up areas. pending application of the above subparagraphs, the number of deputies may not be fewer than seventy (70). article 90-1 [amended by the constitutional law of 9 may 2011 / 19 june 2012] the election of the deputy takes place on the last sunday of october of the fourth year of his mandate. he is elected with the absolute majority of the suffrage expressed in the electoral assemblies through of the valid votes, in accordance with the electoral law. article 90-2 [inserted by the constitutional law of 9 may 2011 / 19 june 2012] on the occasion of the elections, the candidate to the deputation who is the most favored at the first round not having obtained the absolute majority is declared the victor in the case where his total, in relation to his immediate pursuer, is equal or superior to twenty-five percent (25%). article 91 [amended by the constitutional law of 9 may 2011 / 19 june 2012] to be a member of the chamber of deputies, one must: be haitian of origin, never to have renounced his nationality and not holding any other nationality at the moment of his inscription; be twenty-five (25) years of age; enjoy ones civil and political rights and to never have been condemned to a afflictive and infamous penalty for a crime of common law; have resided at least two (2) consecutive years preceding the date of the elections in the electoral circumscription to be represented; be the owner of real assets in the circumscription or to exercise a profession or an industry there. have received discharge, the case arising, from being a manager of public funds. article 92 [amended by the constitutional law of 9 may 2011 / 19 june 2012] the deputies are elected for four (4) years and are indefinitely re-eligible. article 92-1 [amended by the constitutional law of 9 may 2011 / 19 june 2012] they enter into their functions the second monday of january which follows their elections and sit in two (2) annual sessions. the duration of their mandate forms one legislature. in the case where the elections cannot be determined before the second monday of january, the deputies elected enter into their functions immediately after the validation of the ballot, and their mandate of four (4) years is considered to have commenced on the second monday of january of the year of the entry into their functions. article 92-2 the first session runs from the second monday of january to the second monday of may; the second session, from the second monday of june to the second monday of september. article 92-3 [amended by the constitutional law of 9 may 2011 / 19 june 2012] the renewal of the chamber of deputies is made completely every four (4) years. article 93 beside the duties conferred upon it by the constitution as a branch of the legislature, the chamber of deputies has the duty of arraigning the chief of state, the prime minister, the ministers and the secretaries of state before the high court of justice, by a majority of two-thirds (2/3) of this members. the other powers of the chamber of deputies are assigned by the constitution and by law. section b. the senate article 94 the senate is a body composed of members elected by direct suffrage of the citizens and charged with exercising on their behalf, in concert with the chamber of deputies, the duties of the legislative power. article 94-1 the number of senators is set at three (3) per department. article 94-2 a senator of republic is elected by universal suffrage by an absolute majority of votes in the primary assemblies held in the geographic departments, under the terms prescribed by the electoral law. article 94-3 [inserted by the constitutional law of 9 may 2011 / 19 june 2012] on the occasion of the elections, the candidate to the senate who is the most favored at the first round not having obtained the absolute majority is declared the victor in the case where his total, in relation to his immediate pursuer, is equal or superior to twenty-five percent (25%). article 95 [amended by the constitutional law of 9 may 2011 / 19 june 2012] the senators are elected for six (6) years and are indefinitely re-eligible. they enter into their functions on the second monday of january which follows their elections. in the case where the elections cannot be determined before the second monday of january, the senators elected enter into their functions immediately after the validation of the ballot, and their mandate of six (6) years is considered to have commenced on the second monday of january of the year of the entry into their functions. article 95-1 the senate is permanently session. article 95-2 the senate may however adjourn, but not during the legislative section. when it adjourns, it leaves a permanent, committee charged with handling current business. the committee may not make any decisions, except to convene the senate. in emergencies, the executive may also convene the senate before the end of the adjournment period. article 95-3 one-third (1/3) of the senate is replaced every two (2) years. article 96 [amended by the constitutional law of 9 may 2011 / 19 june 2012] to be elected senator, one must: be haitian of origin, never to have renounced his nationality and not holding any other nationality at the moment of his inscription; be thirty (30) years of age; enjoy ones civil and political rights and to never have been condemned to a afflictive and infamous penalty for a crime of common law; have resided in the department to be represented at least three (3) consecutive years preceding the date of the elections; be the owner of real assets in the department or to exercise a profession or an industry there. have received discharge, the case arising, from being a manager of public funds. article 97 in addition to the responsibilities incumbent upon it as a branch of the legislature, the senate shall have the following powers: to propose to the executive the list of supreme court (cour de cassation) justices according to the provisions of the constitution; constitute itself as a high court of justice; exercise all other powers assigned to it by this constitution and by law. section c. the national assembly article 98 the meeting in a single assembly of the two (2) branches of the legislature constitutes the national assembly. article 98-1 the national assembly meets to open and close each session and in all cases provided for by the constitution. article 98-2 the powers of the national assembly are limited and may not be extended to matters other than those especially assigned to it by the constitution. article 98-3 [amended by the constitutional law of 9 may 2011 / 19 june 2012] the attributions of the national assembly are: to receive the constitutional oath of the president of the republic; to ratify any decision of declaration of war when all the attempts at conciliation have failed; to approve or to reject the international treaties and conventions; to amend the constitution following the procedure which is indicated in it; to ratify the decision of the executive to change the seat of government in the case determined by article 1-1 of this constitution; to decide on the opportuneness of the state of urgency and the state of siege, to order with the executive the constitutional guarantees to be suspended and to decide on any demand for renewal of this measure; to participate in the formation of the permanent electoral council in accordance with article 192 of the constitution. to participate in the appointment of a provisional president, in accordance with article 149 of the constitution; to participate in the formation of the constitutional council, in accordance with article 190bis-1 of the constitution;; to receive, at the opening of each session, the assessment of the activities of the government. article 99 the national assembly is presided over by the president of the senate, assisted by the president of the chamber of deputies acting as vice president. the secretaries of the senate and the chamber of deputies are the secretaries of the national assembly. article 99-1 in the event the president of the senate is unable to discharge his duties, the national assembly shall be presided over by the president of the chamber of deputies, and the vice president of the senate shall then become vice president of the national assembly. article 99-2 in the event the two (2) presidents are unable to discharge their duties, the two (2) vice-presidents shall replace them, respectively. article 100 sessions of the national assembly are public. however, they may be held in closed session at the request of five (5) members, and the resumption of public sessions shall then be decided by an absolute majority. article 101 in emergencies, when the legislature is not in session, the executive power may call a special session of the national assembly. article 102 the national assembly may not meet or take decisions and pass resolutions without a majority of each of the two (2) chambers being present. article 103 the legislature has its seat in port-au-prince. however, depending on the circumstances, this seat may be transferred elsewhere to the same place and at the same time as that of the executive power. section d. exercise of legislative power article 104 a session of the legislature dates from the opening of the two (2) chambers meeting as the national assembly. article 105 in the interval between regular sessions and in emergencies, the president of the republic may call a special session of the legislature. article 106 the chief of the executive power reports on that measure by a message. article 107 in the event the legislature is convened in special session, it may not decide on any matter other than that for which it was called. article 107-1 however, any senator or deputy may introduce a matter of general interest in an assembly of which he is a member. article 108 each chamber checks and validates the credentials of its members and is the final judge of any disputes that may arise in this regard. article 109 the members of each chamber shall take the following oath: “i swear to discharge my duties, to maintain and safeguard the rights of the people, and to be faithful to the constitution”. article 110 meetings of the two (2) chambers are public. each chamber may meet in closed session at the request of five (5) members, and the decision to resume public meetings shall then be taken by a majority vote. article 111 the legislature takes the laws on all matters of public interest. article 111-1 laws may be initiated by each of the two (2) chambers as well as by the executive power. article 111-2 however, only the executive power may initiate budget laws, laws concerning the assessment, percentage and manner of collecting taxes and contributions, and laws designed to generate revenues or to increase revenues and expenditures of the government, bills introduced on these matters must be voted on first by the chamber of deputies. article 111-3 in the event of disagreement between the two (2) chambers regarding the laws mentioned in the preceding paragraph, each chamber shall appoint, by voting on a list of an equal number of members, a parliamentary committee that will make a final decision on the disagreement. article 111-4 if a disagreement occurs with regard to any other law, a decision on it will be postponed until the following session. if, at that session, and even in the case of replacement of the chambers no agreement is reached on the law when it is introduced again, each chamber shall appoint, by taking a vote on a list of an equal number of members, a parliamentary committee to decide on the final text that will be submitted to the two (2) assemblies, beginning with the one that originally voted on the law. if these additional deliberations produce no result, the bill or proposed law will be withdrawn. article 111-5 [abrogated by the constitutional law of 9 may 2011 / 19 june 2012] article 111-6 [abrogated by the constitutional law of 9 may 2011 / 19 june 2012] article 111-7 [abrogated by the constitutional law of 9 may 2011 / 19 june 2012] article 111-8 in no case may the chamber of deputies or the senate be dissolved or adjourned, nor shall the terms of their members be extended. article 112 each chamber shall, in accordance with its regulations appoint its staff, establish discipline for them and determine the manner in which they shall perform their duties. article 112-1 each chamber may impose on its members for reprehensible conduct, by a two thirds (2/3) majority vote, disciplinary penalties, except for expulsion. article 113 any member of the legislature shall be disqualified as a deputy or senator, if, during his term, he has received a final sentence by a court of regular law, which renders him ineligible to serve. article 114 members of the legislature are inviolable form the day the take oath up to the expiration of their term, subject to the provisions of article 115 below. article 114-1 they may at no time be prosecuted or attacked for the opinions and votes cast by them in the discharge of their duties. article 114-2 no member of the legislature shall be subject to civil imprisonment during his term of office. article 115 no member of the legislature may during his term be arrested under ordinary law for a crime, a minor offense or a petty violation, except by authorization of the chamber of which he is a member, unless he is apprehended in the act of committing an offense punishable by death, personal restraint or penal servitude or the loss of civil rights. in that case, the matter is referred to the chamber of deputies or the senate without delay of the legislature is in session, and if not, it shall be taken up the next regular or special session. article 116 neither of the two (2) chambers may sit nor take action without the presence of a majority of its members. article 117 all acts of the legislature must be approved by a majority of the members present, unless otherwise stipulated in this constitution. article 118 each chamber has the right to investigate matters brought before it. article 119 all bills must be voted on article by article. article 119-1 [inserted by the constitutional law of 9 may 2011 / 19 june 2012] the executive power can solicit the benefit of urgency on the vote of a bill of law. in the case where the solicited benefit of urgency is obtained, the bill of law is voted article by article, all other matters ceasing. article 120 each chamber has the right to amend and to divide articles and amendments proposed. amendments voted on by one chamber may be part of a bill only after it has been voted on by the other chamber in the same form and in identical terms. no bill shall become a law until it has been voted on in the same form by the two (2) chambers. article 120-1 any bill may be withdrawn from discussion so long as it has not been finally voted upon. article 121 any bill passed by the legislature shall be immediately forwarded to the president of the republic, who, before promulgation it, has the right to make objections to it in all or in part. article 121-1 in such cases, the president of the republic send back the bill with his objections to the chamber where it was originally passed, if the bill is amended by that house, it is sent to the other chambers with the objections. article 121-2 if the bill thus amended is voted on by the second chamber, it will be sent back to the president of the republic for promulgation. article 121-3 if the objection are rejected by the chamber that originally passed the bill, it shall be returned to the other chamber with the objections. article 121-4 if the second chamber also votes to reject it, the bill is sent back to the president of the republic, who must then promulgate it. article 121-5 rejection of the objection is voted on by either chamber by the majority stipulated in article 117. in such cases, the votes of each chamber shall be taken by secret ballot. article 121-6 if in either chamber the majority stipulated in the preceding paragraph is not obtained for the rejection, the objections are accepted. article 122 the right of objection must be exercised within eight (8) full days starting with the date of the receipt of the bill by the president of the republic. article 123 if within the prescribed deadline, the president of the republic has made expiration, the bill must be promulgated unless the session of the legislature has ended before exploration of the deadline, in which case, the bill is deferred. at the opening of the following session, the bill thus deferred is sent to the president of the republic to exercise his right of objection. article 124 a bill rejected by one of the two (2) chambers may not be introduced again in the same session. article 125 bills and other acts of the legislature and the national assembly shall enter into force with their promulgation and their publication in the official gazette (journal officiel) of the republic. article 125-1 bills shall be numbered and included in the printed and numbered bulletin entitled bulletin of laws and acts. article 126 the bill is dated on the day of it final adoption by the two (2) chambers. article 127 [amended by the constitutional law of 9 may 2011 / 19 june 2012] no one may present petitions in person to the tribune of the legislative power. any petition addressed to the legislative power must give rise to a regulatory procedure that permits deciding on its object. article 128 only the legislature power has the authority to interpret laws, which it does by passing a law. article 129 each member of the legislature receives a monthly stipend from the time he takes oath. article 129-1 service as a member of the legislature is incompatible with any other duty remunerated by the state, except that of teacher. article 129-2 every member of the two (2) chambers has the right to question and interpellate a member of the government or the entire government on events and acts of the administration. article 129-3 as interpellation request must be seconded by five (5) members of the body concerned. it becomes a vote of confidence or of censure when passed by a majority of that body. article 129-4 when the interpellation request ends in a votes of censure on a question concerning a government program or declaration of general policy, the prime minister must submit his government’s resignation to the president of the republic. article 129-5 the president must accept that resignation and appoint new prime minister, pursuant to the provisions of this constitution. article 129-6 [amended by the constitutional law of 9 may 2011 / 19 june 2012] the legislative power may not take, as it concerns the prime minister, more than one vote of censure per year. any prime minister having obtained a vote of confidence may only be interpellated in a time of six (6) months after this vote of confidence. the defeat of a motion of censure, submitted to the vote of the two chambers, as it concerns the prime minister, is equivalent to a vote of confidence. article 130 in the case of the death, resignation, disqualification, judicial interdiction, or acceptance of a duty incompatible with that of a member of the legislature, the deputy or senator shall be replaced in his electoral district for only the remainder of his term by a by-election called by the primary electoral assembly to be conducted by the permanent electoral council in the month he vacancy occurs. article 130-1 the election shall take place within thirty (30) days after convocation of the primary assembly, pursuant to the constitution. article 130-2 the same procedure shall apply in the absence of an election or in the event that elections are declared null and void by the permanent electoral council in one or more electoral districts. article 130-3 however, if the vacancy occurs during the last regular session of the legislature or after that session, a by-election may not be held. section e. incompatibilities article 131 the following may not be elected members of the legislature: government concessionnaires or contractors for the performance of public services; representatives or agents of government contractors or concessionnaires, or companies or corporations that have government concessions or contracts; delegates, vice delegates, judges, and officers of the public prosecutor’s office whose duties have not terminated six (6) months before the date set for the elections; any person who comes under the other cases of ineligibility stipulates by this constitution and by law. article 132 members of the executive power and the director generals of government departments may not be elected members of the legislature unless they resign at least one (1) year before the date of the elections. chapter iii. the executive power article 133 the executive power is vested in: the president of the republic, who is the head of state. the government, which is headed by a prime minister. section a. the president of the republic article 134 [amended by the constitutional law of 9 may 2011 / 19 june 2012] the president of the republic is elected by direct, universal suffrage by the absolute majority of voters, established from the valid votes in accordance with the electoral law. if this majority is not obtained at the first round, it proceeds to a second round. only the two (2) candidates can be presented who, the case arising, after the withdrawal of more favored candidates, who are determined to have received the greatest number of votes in the first round. article 134bis [inserted by the constitutional law of 9 may 2011 / 19 june 2012] on the occasion of the elections, the candidate to the presidency the most favored at the first round not having obtained the absolute majority is declared the victor in the case where his total, in relation to his immediate pursuer, is equal or superior to twenty-five percent (25%). article 134-1 the term of the president is five (5) years. this term begins and ends on the february 7 following the date of the elections. article 134-2 [amended by the constitutional law of 9 may 2011 / 19 june 2012] the presidential election takes place on the last sunday of october of the fifth year of the presidential mandate. the president elected enters into his functions on 7 february following the date of his election. in the case where the ballot cannot take place before 7 february, the president elected enters into his functions immediately after the validation of the ballot and his mandate is considered to have commenced on 7 february of the year of the election. article 134-3 the president of the republic may not be re-elected. he may serve an additional term only after an interval of five (5) years. he may in no case run for a third term. article 135 [amended by the constitutional law of 9 may 2011 / 19 june 2012] to be president of the republic of haiti, one must: be haitian of origin and never to have renounced his haitian nationality and not holding any other nationality at the moment of his inscription; be thirty-five (35) years of age on the day of the elections; enjoy ones civil and political rights and to never have been condemned to a afflictive and infamous penalty for a crime of common law; be the owner of real assets at the least and have a habitual residence in the country have resided in the country for five (5) consecutive years at least before the date of the elections; have received discharge from his management if one has been accountable for public monies. article 135-1 before taking office, the president of the republic shall take the following oath before the national assembly: “i swear before god and the nation faithfully to observe and enforce the constitution and the laws of the republic, to respect and cause to be respected the rights of the haitian people, to work for the greatness of the country, and to maintain the nation’s independence and the integrity of its territory”. section b. duties of the president of the republic article 136 the president of the republic, who is the head of state, shall see to the respect for and enforcement of the constitution and the stability of the institutions. he shall ensure the regular operations of the public authorities and the continuity of the state. article 137 [amended by the constitutional law of 9 may 2011 / 19 june 2012] the president of the republic chooses a prime minister from among the members of the party having the absolute majority in the parliament. the majority is established on the basis of the electoral results of those elected in each of the two chambers. in default of this majority, the president of the republic chooses the prime minister in consultation with the president of the senate and that of the chamber of deputies. article 137-1 the president of the republic shall terminate the duties of the prime minister upon the letter’s submission of the government’s resignation. article 138 the president of the republic is the guarantor of the nation’s independence and the integrity of its territory. article 139 he shall negotiate and sign all international treaties, conventions and agreements and submit them to the national assembly for ratification. article 139-1 he shall accredit ambassadors and special envoys to foreign powers, receive letters of accreditation from ambassadors of foreign powers and issued exequatur to consuls. article 140 he declares war, and negotiates and signs peace treaties with the approval of the national assembly. article 141 [amended by the constitutional law of 9 may 2011 / 19 june 2012] the president of the republic, appoints, after deliberation in the council of ministers, following approval of the senate, the commander-in-chief of the armed forces of haiti, the commander-in-chief of the national police, the ambassadors and consuls general and the councils of administration of the autonomous organs. article 142 by a decree issued in the council of ministers, the president of the republic appoints the directors general of the civil service, and delegates and vice delegates of departments and arrondissements. he also appoints, with the approval of the senate, administrative councils of autonomous agencies. article 143 the president of the republic is the nominal head of the armed forces, but he never commands them in person. article 144 he has the seal of the republic affixed to all laws and promulgates them within deadline stipulated by the constitution. before the expiration of that deadline, he may avail himself of his right of objection. article 145 he sees to the enforcement of judicial decisions, pursuant to the law. article 146 the president of the republic has the right to perform and commute sentences in all res judicata cases, except for sentences handed down by the high court of justice as stipulated in this constitution. article 147 he may grant amnesty only for political matters as stipulated by law. article 148 if the president finds it temporarily impossible to discharge his duties the executive authority shall be vested in the council of ministers under the presidency of the prime minister, so long as the disability continues. article 149 [amended by the constitutional law of 9 may 2011 / 19 june 2012] in case of vacancy of the presidency of the republic either by resignation, dismissal, death or in case of physical or mental permanent incapacity duly declared, the council of ministers, under the presidency of the prime minister, exercises the executive power until the election of another president. in this case, the ballot for the election of the new president of the republic for the time that remains to complete the mandate takes place sixty (60) days at least and one hundred twenty (120) days at most after the beginning of the vacancy, in accordance with the constitution and the electoral law. in the case where the vacancy is produced from the fourth year of the presidential mandate, the national assembly meets of office within the sixty (60) days which follow the vacancy to elect a new provisional president of the republic for the tine that remains to complete the mandate. article 149-1 [amended by the constitutional law of 9 may 2011 / 19 june 2012] this president is reputed to have completed one presidential mandate. article 149-2 [inserted by the constitutional law of 9 may 2011 / 19 june 2012] no procedure of interpellation of the government may be initiated during the periods of temporary disability of the president of the republic or of presidential vacancy. in the case where one such procedure has been initiated before the period, it is suspended. article 150 the president of the republic shall have no powers other than those accorded to him by the constitution. article 151 at the opening of each annual session of the legislature, the president of the republic shall deliver a message to the legislature on the state of the nation. this message may not be debated. article 152 the president of the republic shall receive a monthly salary from the public treasury upon taking the oath of office. article 153 the president of the republic shall have his official residence in the national palace, in the capital city, unless the seat of the executive power is moved. article 154 the president of the republic presides over the council of ministers. section c. the government article 155 the government is composed of the prime minister, the ministers and secretaries of state. the prime minister is the head of the government. article 156 the government conducts the policy of the nation. it is responsible before parliament under the terms stipulated by the constitution. article 157 to be appointed prime minister, a person must: be a native-born haitian, and never have renounced haitian nationality; have attained thirty (30) years of age; enjoy civil and political rights and never have been sentenced to death, personal restraint or penal servitude or the loss of civil rights; own real property in haiti and practice a profession there; have resided in the county for five (5) consecutive years; have been relieved of his responsibilities if he has been handling public funds. section d. powers of the prime minister article 158 with the approval of the president, the prime minister shall choose the members of his cabinet of ministers and shall go before parliament to obtain a vote of confidence on his declaration of general policy. the vote shall be taken in open ballot, and an absolute majority of both chambers is required. in the event of a vote of no-confidence by one of the two (2) chambers, the procedure shall be repeated. article 159 [amended by the constitutional law of 9 may 2011 / 19 june 2012] the prime minister executes the laws. in case of absence, the temporary disability of the president of the republic or on his demand, the prime minister presides over the council of ministers. he has the regulatory power, but he may never suspend, or interpret the laws, acts and decrees, or refrain from executing them. his regulatory power is exercised by order of the prime minister. article 159-1 in concert with the president of the republic, he is responsible for national defense. article 160 the prime minister appoints and dismisses directly or by delegation government officials, according to the provisions of the constitution and the law on the general regulations for government operations. article 161 the prime minister and the ministers may appear before the two (2) chambers to support bills and the objections of the president of the republic and to reply to interpellation. article 162 acts of the prime minister are countersigned, if need by the ministers responsible for enforcing them. the prime ministers may be assigned a ministerial portfolio. article 163 the prime minister and the ministers are jointly responsible for the acts of the president of the republic and of their ministers that they countersign. they are also responsible for enforcement of the laws in the areas of their competence. article 164 the duties of the prime minister and of a member of the government are incompatible with membership in the parliament. if such a case occurs, the member of parliament must choose one duty or the other. article 165 [amended by the constitutional law of 9 may 2011 / 19 june 2012] in case of resignation of the prime minister, the government remains in place to expedite current affairs until the assumption of the functions by his successor. in case of permanent incapacity duly declared of the prime minister or of his resignation from the post for personal reasons, the president will choose an interim prime minister from among the members of the ministerial cabinet while attending to the formation of a new government within a time period not passing thirty (30) days. section e. the ministers and secretaries of state article 166 the president of the republic presides over the council of ministers. the number of ministers may be no fewer than ten (10). when he deems it necessary, the prime minister may appoints secretaries of state to the ministers. article 167 the number of ministers is set by law. article 168 holding a ministerial post is incompatible with the exercise of all other public employment, except for higher education. article 169 ministers are responsible for the acts of the prime minister that they countersign. they are jointly responsible for enforcement of the laws. article 169-1 in no case may an oral or written order of the president of the republic or of the prime minister release ministers from the responsibilities of their office. article 170 the prime minister, the ministers and the secretaries of state receive monthly salaries established by the budgetary law. article 171 ministers appoint certain categories of government employees by delegation of the prime minister, according to the conditions set by the law on government operations. article 172 when one of the two (2) chambers during an interpellation calls into question the responsibility of a minister by a vote of censure passed by an absolute majority of its members, the executive shall recall the minister. article 172-1 [inserted by the constitutional law of 9 may 2011 / 19 june 2012] to be appointed minister, one must: be haitian and to provide the evidence of having responded to all his obligations concerning a citizen fiscally domiciled in haiti, and to posses real assets there, able to guarantee and protect the state and to not hold any other nationality at the moment of appointment; be thirty (30) years old; enjoy one’s civil and political rights and to never have been condemned to a afflictive and infamous penalty; have received discharge from his management if one has been accountable for public monies. chapter iv. the judicial power article 173 the judicial power shall be vested in the supreme court (cour de cassation), the courts of appeal, courts of first instance, courts of peace and special courts, whose number, composition, organization, operation and jurisdiction are set by law. article 173-1 civil rights cases are exclusively the competence of the courts. article 173-2 no court and no jurisdiction in disputed matters may be established except by law. no special court may be established under any name whatever. article 174 judges of the supreme court and the courts of appeal are appointed for ten (10) years. judges of the courts of first instance are appointed for seven (7) years. their term begins at the time they take their oath of office. article 175 supreme court justices are appointed by the president of the republic form a list submitted by the senate of three (3) persons per court seat. judges of the courts of appeal and courts of first instance are appointed from a list submitted by the departmental assembly concerned; justices of the peace are appointed from a list draw up by the communal assemblies. article 176 the law regulates the conditions required for serving as a judge at any level. a school of the magistrature shall be established. article 177 judges of the supreme court, the courts of appeal and the courts of first instance are appointed for life. they may be removed from office only because of a legally determined abuse of authority or be suspended following and indictment leveled against them. they may not be reassigned, without their consent, even in the case of a promotion. their service may be terminated during their term of office only in the event of a duly determined permanent physical or mental incapacity. article 178 the supreme court does not try cases on their merits. nevertheless, in all cases other than those submitted to a jury, when a case between the same parties is tried upon second appeal, even with an incidental plea of defense, the supreme court, accepting the appeal, shall not remand the case to a lower court but shall rule on the merits, sitting as a full court. article 178-1 however, in the case of appeals from temporary restraining orders or orders of examining magistrates, grants of appeal pronounced in connection with such orders or from final sentences of the peace courts or decisions of special courts, the supreme court, admitting the appeal, shall pronounce a decision without remanding the case. article 179 the duties of a judge are incompatible with any other salaried duties, except for education. article 180 court proceedings are public. however, they may take place in closed session in the interest of public order and good morals, at the decision of the court. article 180-1 sentences may not be delivered in closed session in cases of political offenses or offenses involving the press. article 181 all order or judgments shall state the grounds for the decision and shall be handed down in a public hearing. article 181-1 orders or judgments are delivered and executed in the name of the republic, they shall include writs of execution to officers of the public prosecutor’s office and agents of the police and armed forces. acts of notaries shall be put in the same form when their compulsory execution is involved. article 182 the supreme court rules on conflicts of jurisdiction, in the manner regulated by law. article 182-1 the supreme court rules on both fact and law in all cases of decisions handed down by military courts. article 183 [abrogated by the constitutional law of 9 may 2011 / 19 june 2012] article 183-1 [abrogated by the constitutional law of 9 may 2011 / 19 june 2012] article 183-2 the courts shall apply government decrees and regulations only insofar as they are in conformity with the law. article 184 the law determines the jurisdiction of the courts and tribunals, and regulates the manner of proceedings before them. article 184-1 the law also provides for disciplinary penalties to be taken against judges and officers of the public prosecutor’s office, except for supreme court justices, who are under the jurisdiction of the high court of justice for abuse of authority. article 184-2 [inserted by the constitutional law of 9 may 2011 / 19 june 2012] the administration and the control of the judicial power are entrusted to a superior council of the judicial power which exercises over the magistrates a right of surveillance and of discipline, and which has at its disposal a general power of information and of recommendation on the state of the magistrature. the conditions of organization and of functioning of the superior council of the judicial power are established by the law. chapter v. the high court of justice article 185 the senate may constitute itself as a high court of justice. the proceedings of this court are presided over by the president of the senate, assisted by the president and vice president of the supreme court as vice president and secretary, respectively, except where the justices of the supreme court and officers of the public prosecutor’s office assigned to that court are involved in the accusation, in which case, the senators, one of whom shall be designated by the accused, and the senators so appointed shall not be entitled to vote. article 186 the chamber of deputies, by a majority of two-thirds (2/3) of its members, shall indict: the president of the republic for the crime of high treason or any other crime or offense committed in the discharge of his duties; the prime minister, the ministers and the secretaries of state for crimes of high treason and embezzlement or abuse of power or any other crimes or offenses committed in the discharge of their duties; members of the permanent electoral council and the superior court of auditors and the court of administrative disputes for serious offenses committed in the discharge of their duties; supreme court justices and officer of the public prosecutor’s office before the court for abuse of authority; the protector of citizens (protecteur du citoyen). article 187 members of the high court of justice serve on an individual bases, and no opening proceedings, take the following oath; “i swear before god and before the nation to judge with the impartiality and the firmness appropriate to an honest and free man, according to my conscience and my deep-seated conviction”. article 188 the high court of justice shall designate, by secret ballot and an absolute majority of votes, from among its members a committee of enquiry. article 188-1 the decision in the form of a decree shall be handed down on the report of the committee of enquiry by a two-thirds (2/3) majority of the members of the high court of justice. article 189 the high court of justice shall not sit unless a majority of two-thirds (2/3) of its members are present. article 189-1 the court may not impose any other penalties than dismissal, disqualification or deprivation of the right or exercise any public office for no less than five (5) years and no more than fifteen (15) years. article 189-2 however, the convicted person may be brought before ordinary courts, in accordance with the law, if there is reason to impose other penalties or to rule on the institution of civil action. article 190 once a case is brought before the high court of justice, the court must sit until it renders its verdict, regardless of the length of the sessions of the legislature. title vi. independent institutions chapter. the constitutional council [inserted by the constitutional law of 9 may 2011 / 19 june 2012] article 190bis [inserted by the constitutional law of 9 may 2011 / 19 june 2012] the constitutional council is an organ charged to assure the constitutionality of the laws. it is the judge of the constitutionality of the law, of the regulations and of the administrative acts of the executive power. its decisions are not susceptible to any recourse. article 190bis-1 [inserted by the constitutional law of 9 may 2011 / 19 june 2012] the constitutional council is composed of nine (9) members, of which three (3) are designated by the executive power, three (3) by the national assembly with the majority of two-thirds (2/3) of the members of each of the two chambers, and three (3) by the superior council of the judicial power. the constitutional council includes: three magistrates having an experience of ten (10) years at least, of which one (1) is designated by the executive power, one (1) by the national assembly with the majority of two-thirds (2/3) of the members of each of the two chambers, and one (1) by the superior council of the judicial power. three jurists of high level, professors or attorneys having an experience of ten (10) years at least, of which one (1) is designated by the executive power, one (1) by the national assembly with the majority of twothirds (2/3) of the members of each of the two chambers, and one (1) by the superior council of the judicial power. three notable persons of great professional reputation having an experience of ten (10) years at least, of which one (1) is designated by the executive power, one (1) by the national assembly with the majority of twothirds (2/3) of the members of each of the two chambers, and one (1) by the superior council of the judicial power. article 190ter [inserted by the constitutional law of 9 may 2011 / 19 june 2012] the president of the republic proceeds to the appointment of the members of the constitutional council by order taken in the council of ministers, in accordance with the previous article. article 190ter-1 [inserted by the constitutional law of 9 may 2011 / 19 june 2012] to be a member of the constitutional council one must: be haitian of origin and not to hold any other nationality at the moment of the appointment; be already forty (40) years of age on the day of the appointment; enjoy their civil and political rights and to never have been condemned to an afflictive and infamous penalty for crimes of common right; be the owner of a real property in haiti or to exercise an industry or a profession there; reside in haiti for (5) consecutive years prior to the date of the appointment; have been discharged from ones administration if one has been accountable for public monies; be of good morality and of great probity. article 190ter-2 [inserted by the constitutional law of 9 may 2011 / 19 june 2012] the duration of the mandate of the members of the constitutional council is of nine (9) years and is not renewable. the constitutional council renews itself by thirds every three (3) years. the president of the constitutional council is elected by his peers for a duration of three (3) years. he has preponderant voice in case of a tie. article 190ter-3 [inserted by the constitutional law of 9 may 2011 / 19 june 2012] in the case of vacancy in the constitutional council, the authority of designation provides the replacement for the time remaining to run within a time period of three (3) months. article 190ter-4 [inserted by the constitutional law of 9 may 2011 / 19 june 2012] the members of the constitutional council are irremovable during the duration of their mandate. they may not be prosecuted or arrested without the authorization of the constitutional council except in the case of flagrante delicto. in this case, the president of the constitutional council and the president of the court of cassation must be referred to the matter immediately, at the latest within forty-eight (48) hours. article 190ter-5 [inserted by the constitutional law of 9 may 2011 / 19 june 2012] the constitutional council sees to and decides when it is referred to a matter: on the constitutionality of the laws before their promulgation; on the constitutionality of the internal regulations of the senate and of the chamber of deputies before their implementation on the orders for the same purposes, the laws in general may be referred to the constitutional council, before their promulgation, by the president of the republic, the president of the senate, the president of the chamber of deputies, a group of fifteen (15) deputes or of (10) senators. the law determines the modalities of organization and of functioning of the constitutional council as well as the other entities enabled to refer a matter to it. article 190ter-6 [inserted by the constitutional law of 9 may 2011 / 19 june 2012] the constitutional council must decide within the time period of one month after being referred to the matter of a text of ordinary law. this time period is of fifteen days for every law or every text concerning the fundamental rights and the public freedoms. nevertheless, if there is urgency, at the request of the government, of one-third of the senate or of one-third of the chamber of deputies, this time period is reduced to eight days. in these same cases, the referral to a matter of the constitutional council suspends the time period for promulgation. article 190ter-7 [inserted by the constitutional law of 9 may 2011 / 19 june 2012] the constitutional council is called to decide on the conflicts which oppose the executive power and the legislative power or the two branches of the legislative power. in the same way, it decides on the conflicts of attribution between the administrative tribunals, the electoral tribunals and the judicial tribunals. article 190ter-8 [inserted by the constitutional law of 9 may 2011 / 19 june 2012] when on the occasion of a pending legal proceeding before a jurisdiction, an exception of unconstitutionality is raised, the constitutional council may be referred to the matter on remand from the court of cassation. if the provision is declared unconstitutional, the constitutional council returns it to the parliament which decides sovereignly on the case. the new provision is promulgated. article 190ter-9 [inserted by the constitutional law of 9 may 2011 / 19 june 2012] a provision declared unconstitutional may not be promulgated or implemented. article 190ter-10 [inserted by the constitutional law of 9 may 2011 / 19 june 2012] an organic law determines the organization and the functioning of the constitutional council, the procedure followed before it, notably the time periods for the referral of the disputes as well as the immunities and the disciplinary regime of its members. chapter i. the permanent electoral council article 191 the permanent electoral council is responsible for organizing and controlling with complete independence all electoral procedures throughout the territory of the republic until the results of the election are announced. article 191-1 the council also drafts the electoral bill that it submits to the executive power for the necessary purposes. article 191-2 the council sees to it that the electoral lists are kept up-to-date. article 192 [amended by the constitutional law of 9 may 2011 / 19 june 2012] the permanent electoral council includes nine (9) members chosen as follows: three (3) by the executive power; three (3) by the superior council of the judicial power; three (3) by the national assembly with a majority of 2/3 of each one of the two chambers. article 193 members of the permanent electoral council must: be native-born haitians; have attained forty (40) years of age; enjoy civil and political rights and never have been sentenced to death, personal constraint or penal servitude or the loss of civil rights; have been relieved of their responsibilities if they have been handling public funds; have resided in the country at least three (3) years before their nomination. article 194 members of the permanent electoral council are appointed for a nine (9) year nonrenewable period. they may not be removed from office. article 194-1 one-third of the members of the permanent electoral council are replaced every three (3) years. the president is chosen from among its members. article 194-2 before taking office, the members of the permanent electoral council take the following oath before the supreme court; “i swear to respect the constitution and the provisions of the electoral law and to discharge my duties with dignity, independence, impartiality and patriotism.” article 195 in the event of a serious offense committed in the discharge of their duties, the members of the permanent electoral council are liable for prosecution before the high court of justice. article 195-1 the seat of the permanent electoral council is in the capital. its jurisdiction extends throughout the territory of the republic. article 196 members of the permanent electoral council may not hold any other public post, nor may they be a candidate of an elective post during their term. in the event of dismissal, a member of the council must wait three (3) years before he may run for an elective post. article 197 the permanent electoral council shall rule on all disputes arising either in elections or in the enforcement or the violation of the electoral law, subject to any legal prosecution undertaken against an offender or offenders before the courts of competent jurisdiction. article 198 in the event of a vacancy caused by a depth, resignation or any other reason, the member shall be replaced following the procedure established in article 192 for the remainder of his term, taking into account the power of government that had designated the member to be replaced. article 199 the law determines the rules for organization and operation of the permanent electoral council chapter ii. the superior court of auditors and administrative disputes article 200 the superior court of auditors and administrative disputes is an independent and autonomous financial and administrative court. it is responsible for administrative and jurisdictional control of government receipts and expenditures, verification of the accounts of the government enterprises and of the territorial divisions. article 200-1 the superior court of auditors and administrative disputes hears cases against the state and the territorial divisions, the administration and government officials, public services and citizens. article 200-2 its decisions are not subject to appeal, except to the supreme court. article 200-3 the supreme court of auditors and administrative disputes comprises two (2) sections: the financial control section; the administrative disputes section. article 200-4 the superior court of auditors and administrative disputes participates in drawing up the budget and is consulted on all matters concerning legislation on public finances and on all draft financial or commercial contracts, agreements and conventions to which the state is a party. it has the right to conduct audits in all government agencies. article 200-5 members of the superior court of auditors and administrative disputes must: be haitians and never have renounced their nationality; have attained thirty-five (35) years of age; have been relieved of their responsibilities of they have been handling public funds; have a bachelor of law degree, be a certified public accountant or hold an advanced degree in government administration, economics or public finance; have five (5) years-experience in public or private administration; enjoy civil and political rights. article 200-6 candidates for membership on the court shall submit their applications directly to the office of the senate of the republic. the senate elects the ten (10) members of the court, who select the court’s president and vice president form among them. article 201 court members have a ten (10) year term and may not be removed article 202 before taking office, the members of the superior court of auditors and administrative disputes shall take the following oath before a section of the supreme court: “i swear to respect the constitution and the laws of the republic, to discharge my duties properly and loyally and to conduct myself at all times with dignity”. article 203 members of the superior court of auditors and administrative disputes are under the jurisdiction of the high court of justice for any serious offenses committed in the discharge of their duties. article 204 the superior court of auditors and administrative disputes shall submit each year to the legislature within thirty (30) days following the opening of the first legislative session a complete report on the country’s financial situation and on the efficacy of government expenditures. article 205 the organization of the above-mentioned court, its membership regulations and its mode of operation are established by law. chapter iii. the conciliation commission article 206 [abrogated by the constitutional law of 9 may 2011 / 19 june 2012] article 206-1 [abrogated by the constitutional law of 9 may 2011 / 19 june 2012] chapter iv. protection of citizens article 207 an office known as the office of citizen protection is established to protect all individuals against any form of abuse by the government. article 207-1 the office is directed by a citizen bearing the title of protector of citizens. he is chosen by consensus of the president of the republic, the president of the senate and the president of the chamber of deputies. his term is seven (7) years and may not be renewed. article 207-2 his intervention on behalf of any complainant is without charge, whatever the court having jurisdiction might be. article 207-2bis [inserted by the constitutional law of 9 may 2011 / 19 june 2012] in the exercise of its functions, it will pay a special attention to the complaints presented by women, particularly in that relating to the discriminations and the aggressions of which they may be victims notably in their work. article 207-3 a law sets the conditions and regulations for the operation of the office of citizen protection. chapter v. the university the academy culture article 208 higher education is free. it is provided by the university of the haitian state (univertite d’etat d’haiti), which is autonomous and by the superior public schools and the superior private schools accredited by the state. article 209 the state must finance the operation and development of the haitian state university and the public superior schools. their organization and their location must be planned from the perspective of regional development. article 210 the establishment of research centers must be encouraged. article 211 [amended by the constitutional law of 9 may 2011 / 19 june 2012] a public organ is created responsible for the regulation and the control of quality of the superior education and of the scientific research throughout the territory. this organ exercises its control over all the public and non-public institutions working in these two domains. each year, it publishes a report on the quality of the training and establishes a list of the performing institutions. the law determines the denomination, and establishes the mode of organization and the functioning of this organ. article 211-1 the universities and the private and public superior schools provide academic and practical instruction adapted to the trends and requirements of national development. article 212 an organic law regulates the establishment, location and operation of university and public and private superior schools in the country. article 213 a haitian academy shall be established to standardize the creole language and enable it to develop scientifically and harmoniously. article 213-1 other academies may be established. article 214 the title academy member is purely honorific. article 214-1 the law shall determine the mode of organization and operation of academies. article 215 archaeological, historical, cultural, folklore and architectural treasures in the country, which bear witness to the grandeur of our past are part of the national heritage. consequently, monuments, ruins, sites of our ancestors’ great feats of arms, famous centers of our african beliefs, and all vestiges of the past are placed under the protection of the state. article 216 the law determines special conditions for this protection in each sphere. title vii. public finance article 217 [amended by the constitutional law of 9 may 2011 / 19 june 2012] the finances of the republic include two components: the national finances and the local finances. their respective management is assured by the organs and mechanisms specified to that effect. the executive power is held to specify a mode of consultation of the territorial collectivities for any procedure of interest to the local finances. article 218 [amended by the constitutional law of 9 may 2011 / 19 june 2012] no tax in favor of the state may be established except by a law. no charge, no imposition, whether departmental, whether municipal, or whether of communal section, may be established without the consent of those territorial collectivities. article 219 no preferential tax treatment may be established. no tax exemption, increase, decrease or elimination may be established except by law. article 220 [amended by the constitutional law of 9 may 2011 / 19 june 2012] no pension, no gratification, no allocation, no subvention, at the charge of the public treasury, may be granted but by virtue of a law. the indexing of the pensions paid by the state will be established following the rhythm of the augmentation of the emoluments of the functionaries of the state. article 221 subject to special provisions thereon, the holding of two or more salaried public offices at the same time is strictly forbidden, except posts in education. article 222 procedures for preparation of the budget and its execution are determined by law. article 223 [amended by the constitutional law of 9 may 2011 / 19 june 2012] the execution of the law of finance is govern by the laws on the budget and public accounting and is assured by the services specified by the law. the control of the execution of the law of finance is assured by the parliament, the superior court of accounts and any other institutions specified by the law. article 224 national monetary policy is set by the central bank jointly with the minister of economics and finance. article 225 an autonomous public agency with legal personality and financial autonomy performs the functions of a central bank. its regulations are determined by law. article 226 the central bank has exclusive authority to issue as legal tender throughout the territory of the republic, paper money representing the monetary unit, and coins, according to the name, weight, description, amount and use set by law. article 227 [amended by the constitutional law of 9 may 2011 / 19 june 2012] the budget is voted by administrative entity following the classification established by the law. article 227-1 [abrogated by the constitutional law of 9 may 2011 / 19 june 2012] article 227-2 general accounts of receipts and expenditures of the republic shall be kept by the minister of finance according to an accounting method established by law. article 227-3 [amended by the constitutional law of 9 may 2011 / 19 june 2012] the general accounts and the budgets prescribed by the preceding article, accompanied by the report of the superior court of accounts and of the administrative disputes must be submitted to the legislative chambers by the minister in charge of finance within the time periods established by the law. it is the same for the annual balance sheet and for the operations of the central bank, as well as for all other accounts of the state. article 227-4 the government fiscal year begins on october 1 of each year and ends on september 30 of the following year. article 228 [amended by the constitutional law of 9 may 2011 / 19 june 2012] each year, the legislative power orders: the account of the receipts and of the expenses of the state for the past year or the preceding years; the general budget of the state. article 228-1 however, no proposal or amendment may be introduced into the budget when it is being voted upon, without provision of the ways and means therefore. article 228-2 [abrogated by the constitutional law of 9 may 2011 / 19 june 2012] article 229 [abrogated by the constitutional law of 9 may 2011 / 19 june 2012] article 230 examination and payment of the general administration accounts and all accounts of public funds are effected according to the method established by law. article 231 if for any reason whatever the legislative chambers do not act upon the budget for one or more ministerial departments before they adjourn, the budget or budgets of the departments concerned shall remain in force until a new budget is voted on and adopted. article 231-1 in the event that, through fault of the executive power, the budget of the republic has not been voted upon, the president of the republic shall immediately call a special session of the legislative chambers for the sole purpose of voting on the government budget. article 232 autonomous agencies and enterprises and entities subsidized wholly or in part by the public treasury shall be governed by special budgets and salary and wage systems approved by the executive power. article 233 for the purpose of maintaining constant and careful supervision over government expenditures, a fifteen-member parliamentary committee with nine (9) deputies and six (6) senators shall be elected by secret ballot at the beginning of each regular session, to report on the management ministers, in order to enable the two (2) assemblies to give them discharge. this committee may engage the services of specialists to assist it with its monitoring functions. title viii. the civil service article 234 the haitian civil service is the instrument by which the state carries out its missions and achieves its objectives. to ensure its viability, it must be managed honestly and efficiently. article 234-1 [inserted by the constitutional law of 9 may 2011 / 19 june 2012] the national public administration is constituted by the administration of the state and by the administration of the territorial collectivities. article 235 government employees and officials shall be exclusively in the service of the state. it is their duty to abide faithfully by the norms and ethics determined by law for civil servants. article 236 the law establishes the organization of the various government structures and stipulates the conditions for their operation. article 236-1 the law shall regulate the civil service on the basis of aptitude, merit and conduct. it shall guarantee security of employment. article 236-2 the civil service is a career. no official may be hired except by competition or by meeting other conditions prescribed by the constitution and by law, nor may he be dismissed except for causes specifically determined by law. dismissals must in all cases be ruled upon by the court of administrative disputes. article 237 career service officials are not members of any particular government agency but are members of the civil service, which makes them available to the various government agencies. article 238 officials indicated by law have the obligation to declare the status of their net worth to the clerk of the civil court within thirty (30) days following their entry into service. the government auditor must take every step he deems necessary to verify the accuracy of the declaration. article 239 government employees and officials may form associations to defend their rights under the conditions established by law. article 240 holders of public office or positions, particularly ministers and secretaries of state, officers of the public prosecutor’s office, delegates and vice delegates, ambassadors, private secretaries of the president of the republic, members of the cabinet of ministers, the director generals of the ministerial department of autonomous agencies, and members of the administrative council are not eligible for the government career service. article 241 the law punishes violations committed against the treasury and unjust gain. officials who have knowledge of such actions have the duty to report them to the competent authorities. article 242 unjust gain may be determined by all types of evidence, particularly presumption of a sharp disproportion between the official’s means acquired after his entry into service and the accumulated amount of salaries and emoluments to which the post he has occupied entitles him. article 243 officials guilty of the above offenses are entitled to only the twenty-year statute of limitation. this limitation period begins to run with the termination of their duties or the causes that would have prevented any prosecution. article 244 the state has the duty to avoid major salary disparities in the civil service. title ix. chapter i. economics and agriculture article 245 economic freedom shall be guaranteed so long as it is not contrary to the public interest. the state shall protect private enterprises and shall endeavor to see that it develops under the conditions necessary to increase the national wealth in such a way as to ensure the participation of the largest possible number of persons in the benefits of this wealth. article 246 the state encourages in rural and urban areas the formation of cooperatives for production, processing of raw materials and the entrepreneurial spirit to promote the accumulation of national capital to ensure continuous development. article 247 agriculture, which is the main source of the nation’s wealth, is a guarantee of the well-being of the people and the socio-economic progress of the nation. article 248 a special agency to be known as the national institute of agrarian reform shall be established to organize the revision of real property structures and to implement an agrarian reform to benefit those who actually work the land. this institute shall draw up an agrarian policy geared to optimizing productivity by constructing infrastructure aimed at the protection and management of the land. article 248-1 the law determines the minimum and maximum area of basic farm units. article 249 the state has the obligation to establish the structures necessary to ensure maximum productivity of the land and domestic marketing of foodstuffs. technical and financial management units shall be established to assist farmers at the level of each communal section. article 250 no monopoly may be established to benefit the state and the territorial divisions except in the exclusive interest of society as a whole. such a monopoly may not be granted to any private individual. article 251 the import of foodstuffs and their byproducts that are produced in sufficient quantity in the national territory is forbidden, except in the event of force majeure. article 252 the state may take charge of the operation of enterprises for the production of goods and services essential to the community in order to ensure continuity in the event the existence of these establishments should be threatened. such enterprises shall be grouped in a comprehensive management system. chapter ii. the environment article 253 since the environment is the natural framework of the life of the people, any practices that might disturb the ecological balance are strictly forbidden. article 253-1 [inserted by the constitutional law of 9 may 2011 / 19 june 2012] as long as the forest coverage remains below 10% of the national territory, measures of exception must be taken with a view of working to the restoration of the ecological equilibrium. article 254 the state shall organize the enhancement of natural sites to ensure their protection and make them accessible to all. article 255 to protect forest reserves and expand the plant coverage, the state encourages the development of local sources of energy: solar, wind and others. article 256 within the framework of protecting the environment and public education, the state has the obligation to proceed to establish and maintain botanical and zoological gardens at certain points in its territory. article 256-1 [inserted by the constitutional law of 9 may 2011 / 19 june 2012] the state may, if the necessity for it is demonstrated, declare a zone of ecological utility. article 257 the law specifies the conditions for protecting flora and fauna, and punishes violations thereof. article 258 no one may introduce into the country wastes or residues of any kind from foreign sources. title x. the family article 259 the state protects the family, which is the foundation of society. article 260 it must also protect all families regardless of whether they are constituted within the bonds of marriage. it must endeavor to aid and assist mothers, children and the aged. article 261 the law ensures protection for all children. any child is entitled to love, affection, understanding and moral and physical care grow its father and mother. article 262 a family code must be drawn up to ensure protection and respect for the rights of the family and to define procedures of the search for affiliation. courts and other government agencies charged with the protection of these rights must be accessible free of charge at the level of the smallest territorial division. title xi. the armed forces and the police force article 263 [amended by the constitutional law of 9 may 2011 / 19 june 2012] the public force is composed of two (2) distinct corps: the armed forces of haiti; the national police of haiti. article 263-1 no other armed corps may exist in the national territory. article 263-2 all members of the police and armed forces shall take an oath of allegiance and respect for the constitution and the flag at the time of their enlistment. chapter i. the armed forces article 264 [amended by the constitutional law of 9 may 2011 / 19 june 2012] the armed forces of haiti include the forces of the land, of the sea, of the air and the technical services. the armed forces of haiti are constituted to guaranty the defense and the integrity of the territory of the republic. article 264-1 [amended by the constitutional law of 9 may 2011 / 19 june 2012] the armed forces of haiti are effectively commanded by an officer general having as a title commander-in-chief. article 264-2 [amended by the constitutional law of 9 may 2011 / 19 june 2012] the commander-in-chief of the armed forces of haiti, in accordance with the constitution, is chosen from among the officers general on active service. article 264-3 his term is set at three (3) years and is renewable. article 265 [amended by the constitutional law of 9 may 2011 / 19 june 2012] the armed forces of haiti are apolitical. their members may not be part of a group or of a political party and they must observe the strictest neutrality. article 265-1 members of the armed forces exercise their right to vote, under the constitution. article 266 [amended by the constitutional law of 9 may 2011 / 19 june 2012] the armed forces of haiti have as their attributions: to defend the country in case of war; to protect the country against the menaces coming from abroad; to assure the surveillance of the land, maritime and aerial frontiers; to lend a strong hand on request motivated by the executive power, to the police in the case that this latter cannot respond to it task; to help the nation in the case of natural disaster; in addition to the attributions that are particular to them, the armed forces of haiti may be assigned to tasks of development. article 267 military personnel on active duty may not be appointed to any government post, except temporarily to perform a specialized service. article 267-1 [amended by the constitutional law of 9 may 2011 / 19 june 2012] all military personnel on active service, to stand as a candidate to an elective function, must obtain their retirement or their resignation two (2) years before the elections. article 267-2 [amended by the constitutional law of 9 may 2011 / 19 june 2012] the military career is a profession. it is hierarchical. the conditions of employment, the ranks, promotions, dismissals, retirements, are determined by the regulations of the armed forces of haiti. article 267-3 [amended by the constitutional law of 9 may 2011 / 19 june 2012] military personnel are only justiciable by a military court for the misdemeanors and crimes committed in time of war or for the infractions arising in the military discipline. article 267-4 military personnel retain for life the last rank obtained in the haitian armed forces. they may be deprived of their rank only by a final judgment by a court of competent jurisdiction. article 267-5 the state must award benefits to military personnel of all ranks, fully guaranteeing their physical security. article 268 within the framework of compulsory civilian national services for both sexes, provided for by article 52-3 of the constitution, the armed forces participate in organizing and supervising that service. military service is compulsory for all haitians who have attained eighteen (18) years of age. the law sets the method of recruitment, and the length and regulations for the performance of these services. article 268-1 every citizen has the right to armed self-defense, within the bounds of this domicile, but has no right to bear arms without express well-founded authorization from the chief of police. article 268-2 possession of a firearm must be reported to the police. article 268-3 the armed forces have a monopoly on the manufacture, import, export, use and possession of weapon of war and their munitions, as well as war material. chapter ii. the police forces article 269 the police force is an armed body. it operates under the ministry of justice. article 269-1 it is established to ensure law and order and protect the life and property of citizens. its organization and mode of operation are regulated by law. article 270 the commander in chief of the police forces is appointed, in accordance with the constitution, for a three (3) year term, which is renewable. article 271 an academy and a police school have been established, whose organization and operations are set by law. article 272 specialized sections, particularly the penitentiary administration, the firemen’s service, the traffic police, the highway police, criminal investigations, the narcotics service and the anti-smuggling service, have been established by the law governing the organization, operation and location of the police forces. article 273 the police, as an auxiliary of the justice system, investigate violations, offenses and crimes committed, in order to discover and arrest the perpetrators of them. article 274 in the exercise of their duties, members of the “public forces” are subject to civil and penal liability in the manner and under the conditions stipulated by the constitution and by law. title xii. general provisions article 275 national and legal holidays shall be celebrated by the government and private and commercial enterprises. article 275-1 the national holidays are: independence day, january 1; heroes’ day, january 2; agriculture and labor day, may 1; flag day and university day, may 18; and the commemoration of the battle of vertieres, which is also armed forces day, november 18. article 275-2 legal holidays shall be determined by law. article 276 the national assembly may not ratify any international treaty, convention or agreement containing clauses contrary to this constitution. article 276-1 international treaties, conventions and agreements are ratified in the form of a decree. article 276-2 once international treaties or agreements are approved and ratified in the manner stipulated by the constitution, they become part of the legislation of the country and abrogate any laws in conflict with them. article 277 the haitian state may join an economic community of states insofar as the association agreement stimulates the social and economic development of the haitian republic and does not contain any clause contrary to this constitution. article 278 no place or part of the territory may be declared in a state of siege except in the event of civil war or invasion by a foreign force. article 278-1 the act of the president of the republic declaring a state of siege must be countersigned by the prime minister and by all of the ministers and contain an immediate convocation of the national assembly to decide on the desirability of the measure. article 278-2 the national assembly decides with the executive power as to what constitutional guarantees may be suspended in the parts of the territory placed under a state of siege. article 278-3 the state of siege is lifted if it is not renewed by a vote of the national assembly every fifteen (15) days after its entry into force. article 278-4 the national assembly shall be in session for the entire duration of the state of siege. article 279 thirty (30) days after his election, the president of the republic must deposit with the clerk of the court of first instance of his domicile a notarized inventory of all his movable and immovable goods, and he shall do the same at the end of his term. article 279-1 the prime minister, the ministers and secretaries of state are subject to the same obligation within thirty (30) days of their installation and of the termination of their duties. article 280 no general expenditures or compensation whatever shall be granted to members of the major organs of the state for any special duties that may be assigned to them. article 281 in national elections, the state assumes responsibility, in proportion to the number of votes cast, for a portion of the expenses incurred in the election campaigns. article 281-1 only parties that obtain nationally ten percent (10%) of the votes cast, with a minimum of five percent (5%) of the votes cast in one department, are eligible to receive these government funds. title xiii. amendments to the constitution article 282 on the recommendation, with reason given to support it, of one of the two (2) chambers or of the executive power, the legislature may declare that the constitution should be amended. article 282-1 this declaration must be supported by two-thirds (2/3) of each of the two (2) chambers. it may made only in the course of the last regular session of the legislative period and shall be published immediately throughout the territory. article 283 at the first session of the following legislature period, the chambers shall meet in a national assembly and decide on the proposed amendment. article 284 the national assembly may not sit or deliberate on the amendment unless at least two-thirds (2/3) of the members of each of the two (2) chambers are present. article 284-1 no decision of the national assembly may be taken without a majority of twothirds (2/3) of the votes cast. article 284-2 the amendment passed may enter into effect only after installation of the next elected president. in no case may the president under the government that approved the amendment benefit from any advantages deriving there from. article 284-3 general elections to amend the constitution by referendum are strictly forbidden. article 284-4 no amendment to the constitution may effect the democratic and republican nature of the state. title xiv. temporary provisions article 285 [abrogated by the constitutional law of 9 may 2011 / 19 june 2012] article 285-1 [abrogated by the constitutional law of 9 may 2011 / 19 june 2012] article 286 [abrogated by the constitutional law of 9 may 2011 / 19 june 2012] article 287 [abrogated by the constitutional law of 9 may 2011 / 19 june 2012] article 288 [abrogated by the constitutional law of 9 may 2011 / 19 june 2012] article 289 awaiting the establishment of the permanent electoral council provided for in this constitution, the national council of government shall set up a provisional electoral council of nine (9) members, charged with drawing up and enforcing the electoral law to govern the next elections, who shall be designated as follows: one for the executive power, who is not an official; one for the episcopal conference; one for the advisory council; one for the supreme court; one for agencies defending human rights, who may not be a candidate in the elections; one for the council of the university; one for the journalists association; one for the protestant religions; one for the national council of cooperatives. article 289-1 within two weeks following ratification of this constitution, the bodies or organizations concerned shall inform the executive of the name of their representative. article 289-2 if any of the above bodies or organizations does not appoint a member, the executive shall fill the vacancy or vacancies. article 289-3 the mission of the provisional electoral council shall end when the presidentelect takes office. article 290 the members of the first permanent electoral council shall divide among them by lot the terms of nine (9), six (6), and three (3) years, stipulated for replacement of the council by thirds (1/3). article 291 [abrogated by the constitutional law of 9 may 2011 / 19 june 2012] article 292 [abrogated by the constitutional law of 9 may 2011 / 19 june 2012] article 293 [abrogated by the constitutional law of 9 may 2011 / 19 june 2012] article 293-1 [abrogated by the constitutional law of 9 may 2011 / 19 june 2012] article 294 [abrogated by the constitutional law of 9 may 2011 / 19 june 2012] article 295 [abrogated by the constitutional law of 9 may 2011 / 19 june 2012] article 295-1 [inserted by the constitutional law of 9 may 2011 / 19 june 2012] at the time of the first composition of the constitutional council, the first three members appointed from the list of the executive power, of the national assembly, and of the superior council of the judicial power will be for nine (9) years, the second three members for six (6) years and the other three for three (3) years. title xv. final provisions article 296 all codes of law or handbooks of justice, all laws, all decree laws and all decrees and orders (arretes) currently in force shall be maintained in all matters not contrary to this constitution. article 297 [abrogated by the constitutional law of 9 may 2011 / 19 june 2012] article 298 this constitution shall be published within two weeks of its ratification by referendum. it shall enter into force as soon as it is published in le moniteur, the official gazette of the republic. given at the legislative palace, in port-au-prince, the seat of the constituent national assembly, on march 10, 1987, in the one hundred eighty-fourth year of independence. preamble god bless the hungarians national avowal we, the members of the hungarian nation, at the beginning of the new millennium, with a sense of responsibility for every hungarian, hereby proclaim the following: we are proud that our king saint stephen built the hungarian state on solid ground and made our country a part of christian europe one thousand years ago. we are proud of our forebears who fought for the survival, freedom and independence of our country. we are proud of the outstanding intellectual achievements of the hungarian people. we are proud that our people has over the centuries defended europe in a series of struggles and enriched europe’s common values with its talent and diligence. we recognise the role of christianity in preserving nationhood. we value the various religious traditions of our country. we promise to preserve the intellectual and spiritual unity of our nation torn apart in the storms of the last century. we proclaim that the nationalities living with us form part of the hungarian political community and are constituent parts of the state. we commit to promoting and safeguarding our heritage, our unique language, hungarian culture, the languages and cultures of nationalities living in hungary, along with all man-made and natural assets of the carpathian basin. we bear responsibility for our descendants; therefore we shall protect the living conditions of future generations by making prudent use of our material, intellectual and natural resources. we believe that our national culture is a rich contribution to the diversity of european unity. we respect the freedom and culture of other nations, and shall strive to cooperate with every nation of the world. we hold that human existence is based on human dignity. we hold that individual freedom can only be complete in cooperation with others. we hold that the family and the nation constitute the principal framework of our coexistence, and that our fundamental cohesive values are fidelity, faith and love. we hold that the strength of community and the honour of each man are based on labour, an achievement of the human mind. we hold that we have a general duty to help the vulnerable and the poor. we hold that the common goal of citizens and the state is to achieve the highest possible measure of well-being, safety, order, justice and liberty. we hold that democracy is only possible where the state serves its citizens and administers their affairs in an equitable manner, without prejudice or abuse. we honour the achievements of our historical constitution and we honour the holy crown, which embodies the constitutional continuity of hungary’s statehood and the unity of the nation. we do not recognise the suspension of our historical constitution due to foreign occupations. we deny any statute of limitations for the inhuman crimes committed against the hungarian nation and its citizens under the national socialist and the communist dictatorships. we do not recognise the communist constitution of 1949, since it was the basis for tyrannical rule; therefore we proclaim it to be invalid. we agree with the members of the first free national assembly, which proclaimed as its first decision that our current liberty was born of our 1956 revolution. we date the restoration of our country’s self-determination, lost on the nineteenth day of march 1944, from the second day of may 1990, when the first freely elected body of popular representation was formed. we shall consider this date to be the beginning of our country’s new democracy and constitutional order. we hold that after the decades of the twentieth century which led to a state of moral decay, we have an abiding need for spiritual and intellectual renewal. we trust in a jointly-shaped future and the commitment of younger generations. we believe that our children and grandchildren will make hungary great again with their talent, persistence and moral strength. our fundamental law shall be the basis of our legal order, it shall be an alliance among hungarians of the past, present and future. it is a living framework which expresses the nation’s will and the form in which we want to live. we, the citizens of hungary, are ready to found the order of our country upon the common endeavours of the nation. foundation article a the name of our country shall be hungary. article b hungary shall be an independent, democratic rule-of-law state. the form of government of hungary shall be a republic. the source of public power shall be the people. the power shall be exercised by the people through elected representatives or, in exceptional cases, directly. article c the functioning of the hungarian state shall be based on the principle of division of powers. no one shall act with the aim of acquiring or exercising power by force, or of exclusively possessing it. everyone shall have the right and obligation to resist such attempts in a lawful way. the state shall have the right to use coercion in order to enforce the fundamental law and legal regulations. article d bearing in mind that there is one single hungarian nation that belongs together, hungary shall bear responsibility for the fate of hungarians living beyond its borders, and shall facilitate the survival and development of their communities; it shall support their efforts to preserve their hungarian identity, the assertion of their individual and collective rights, the establishment of their community self-governments, and their prosperity in their native lands, and shall promote their cooperation with each other and with hungary. article e in order to enhance the liberty, prosperity and security of european nations, -hungary shall contribute to the creation of european unity. with a view to participating in the european union as a member state and on the basis of an international treaty, hungary may, to the extent necessary to exercise the rights and fulfil the obligations deriving from the founding treaties, exercise some of its competences set out in the fundamental law jointly with other member states, through the institutions of the european union. the law of the european union may stipulate a generally binding rule of conduct subject to the conditions set out in paragraph (2). for the authorisation to recognise the binding force of an international treaty referred to in paragraph (2), the votes of two-thirds of the members of the national assembly shall be required. article f the capital of hungary shall be budapest. the territory of hungary shall consist of the capital, counties, cities and towns, as well as villages. the capital, as well as the cities and towns may be divided into districts. article g the child of a hungarian citizen shall be a hungarian citizen by birth. a cardinal act may specify other cases of the origin or acquisition of hungarian citizenship. hungary shall protect its citizens. no one shall be deprived of hungarian citizenship established by birth or acquired in a lawful manner. the detailed rules for citizenship shall be laid down in a cardinal act. article h in hungary the official language shall be hungarian. hungary shall protect the hungarian language. hungary shall protect hungarian sign language as a part of hungarian culture. article i the coat of arms of hungary shall be a vertically divided shield with a pointed base. the left field shall contain eight horizontal bars of red and silver. the right field shall have a red background and shall depict a base of three green hills with a golden crown atop the central hill and a silver patriarchal cross issuing from the middle of the crown. the holy crown shall rest on top of the shield. [image] the flag of hungary shall feature three horizontal bands of equal width coloured red, white and green from top to bottom as the symbols of strength, fidelity and hope respectively. [image] the anthem of hungary shall be the poem himnusz by kölcsey set to music by erkel ferenc. the coat of arms and the flag may also be used in other historical forms. the detailed rules for the use of the coat of arms and the flag, and state decorations shall be defined by a cardinal act. article j the national holidays of hungary shall be: the 15th day of march, in memory of the 1848-49 revolution and war of independence, the 20th day of august, in memory of the foundation of the state and king saint stephen the state founder, and the 23rd day of october, in memory of the 1956 revolution and war of independence. the official state holiday shall be the 20th day of august. article k the official currency of hungary shall be the forint. article l hungary shall protect the institution of marriage as the union of a man and a woman established by voluntary decision, and the family as the basis of the survival of the nation. family ties shall be based on marriage and/or the relationship between parents and children. hungary shall encourage the commitment to have children. the protection of families shall be regulated by a cardinal act. article m the economy of hungary shall be based on work which creates value and freedom of enterprise. hungary shall ensure the conditions for fair economic competition, act against any abuse of a dominant position, and shall defend the rights of consumers. article n hungary shall observe the principle of balanced, transparent and sustainable budget management. the national assembly and the government shall have primary responsibility for the observance of the principle referred to in paragraph (1). in performing their duties, the constitutional court, courts, local governments and other state organs shall be obliged to respect the principle referred to in paragraph (1). article o everyone shall be responsible for himor herself, and shall be obliged to contribute to the performance of state and community tasks according to his or her abilities and possibilities. article p natural resources, in particular arable land, forests and the reserves of water, biodiversity, in particular native plant and animal species, as well as cultural assets shall form the common heritage of the nation; it shall be the obligation of the state and everyone to protect and maintain them, and to preserve them for future generations. the limits and conditions for acquisition of ownership and for use of arable land and forests necessary for achieving the objectives referred to in paragraph (1), as well as the rules concerning the organisation of integrated agricultural production and concerning family farms and other agricultural holdings shall be laid down in a cardinal act. article q in order to create and maintain peace and security, and to achieve the sustainable development of humanity, hungary shall strive for cooperation with all the peoples and countries of the world. in order to comply with its obligations under international law, hungary shall ensure that hungarian law be in conformity with international law. hungary shall accept the generally recognised rules of international law. other sources of international law shall become part of the hungarian legal system by promulgation in legal regulations. article r the fundamental law shall be the foundation of the legal system of hungary. the fundamental law and legal regulations shall be binding on everyone. the provisions of the fundamental law shall be interpreted in accordance with their purposes, the national avowal contained therein and the achievements of our historical constitution. article s a proposal for the adoption of a new fundamental law or any amendment of the present fundamental law may be submitted by the president of the republic, the government, any parliamentary committee or any member of the national assembly. for the adoption of a new fundamental law or the amendment of the fundamental law, the votes of two-thirds of the members of the national assembly shall be required. the speaker of the national assembly shall sign the adopted fundamental law or the adopted amendment of the fundamental law within five days and shall send it to the president of the republic. the president of the republic shall sign the fundamental law or the amendment of the fundamental law sent to him within five days of receipt and shall order its promulgation in the official gazette. if the president of the republic finds that any procedural requirement laid down in the fundamental law with respect to adoption of the fundamental law or the amendment of the fundamental law has not been met, he or she shall request the constitutional court to examine the issue. should the examination by the constitutional court not verify the violation of such requirements, the president of the republic shall immediately sign the fundamental law or the amendment of the fundamental law, and shall order its promulgation in the official gazette. the designation of the amendment of the fundamental law made during publication shall include the title, the serial number of the amendment and the date of publication. article t generally binding rules of conduct may be laid down in the fundamental law or in legal regulations adopted by an organ having legislative competence and specified in the fundamental law that are promulgated in the official gazette. a cardinal act may lay down different rules for the promulgation of local government decrees, and of legal regulations adopted during a special legal order. legal regulations shall be the acts, the government decrees, the prime ministerial decrees, the ministerial decrees, the decrees of the governor of the national bank of hungary, the decrees of the heads of autonomous regulatory organs and local government decrees. in addition, decrees of the national defence council adopted during a state of national crisis and decrees of the president of the republic adopted during a state of emergency shall also be legal regulations. no legal regulation shall conflict with the fundamental law. cardinal acts shall be acts, for the adoption and amendment of which requires the votes of two-thirds of the members of the national assembly present shall be required. article u the form of government based on the rule of law, established in accordance with the will of the nation through the first free elections held in 1990, and the previous communist dictatorship are incompatible. the hungarian socialist workers' party and its legal predecessors and the other political organisations established to serve them in the spirit of communist ideology were criminal organisations, and their leaders have responsibility without statute of limitations for: maintaining and directing an oppressive regime, violating the law and betraying the nation; thwarting with soviet military assistance the democratic attempt built on a multi-party system in the years after world war ii; establishing a legal order built on the exclusive exercise of power and unlawfulness; putting an end to the economy based on the freedom of property and indebting the country; submitting hungary's economy, national defence, diplomacy and human resources to foreign interests; systematically devastating the traditional values of european civilisation; depriving citizens and certain groups of citizens of their fundamental human rights or seriously restricting such rights, in particular for murdering people, delivering them to foreign power, unlawfully imprisoning them, deporting them to forced labour camps, torturing them and subjecting them to inhuman treatment; arbitrarily depriving citizens of their assets, restricting their rights to property; totally depriving citizens of their liberties, submitting the expression of political opinion and will to coercion by the state; discriminating against people on the grounds of origin, world view or political belief, impeding their advancement and success based on knowledge, diligence and talent; setting up and operating a secret police to unlawfully observe and influence the private lives of people; suppressing with bloodshed, in cooperation with soviet occupying forces, the revolution and war of independence, which broke out on 23 october 1956, the ensuing reign of terror and retaliation, and the forced flight of two hundred thousand hungarian people from their native country; all ordinary criminal offences committed for political motives and left unprosecuted by the justice system for political motives. political organisations having gained legal recognition during the democratic transition as legal successors of the hungarian socialist workers' party continue to share the responsibility of their predecessors as beneficiaries of their unlawfully accumulated assets. with regard to paragraph (1), the operation of the communist dictatorship shall be realistically revealed and society's sense of justice shall be ensured in accordance with paragraphs (3) to (10). in order for the state to preserve the memory of the communist dictatorship, a committee of national memory shall operate. the committee of national memory shall reveal the operation of the communist dictatorship in terms of power and the role of individuals and organisations that held communist power, and shall publish the results of its activity in a comprehensive report and other documents. the holders of power under the communist dictatorship shall be obliged to tolerate statements of facts about their roles and acts related to the operation of the dictatorship, with the exception of deliberate statements that are untrue in essence; their personal data related to such roles and acts may be disclosed to the public. the pensions or any other benefits provided by the state under legal regulations to leaders of the communist dictatorship specified in an act may be reduced to the extent specified in an act; the arising revenues shall be used to mitigate the injuries caused by the communist dictatorship and to keep alive the memory of victims as provided for by an act. serious criminal offences laid down in an act which were committed against hungary or persons under the communist dictatorship in the name or in the interest of, or in agreement with the party-state and which were left unprosecuted for political reasons by ignoring the act on criminal law in force at the time of commission, shall not be considered as time-barred. the criminal offences referred to in paragraph (6) shall become time-barred on the expiry of the period determined in the act on criminal law in force at the time of commission, to be calculated as of the day of the entry into force of the fundamental law, provided that they would have become time-barred by 1 may 1990 under the act on criminal law in force at the time of commission. the criminal offences referred to in paragraph (6) shall become time-barred on the expiry of the period between the date of commission and 1 may 1990, to be calculated as of the day of the entry into force of the fundamental law, provided that they would have become time-barred between 2 may 1990 and 31 december 2011 under the act on criminal law in force at the time of commission and that the perpetrator was not prosecuted for the criminal offence. no legal regulation may establish new legal grounds for compensation providing financial or any other pecuniary payment to individuals who were unlawfully deprived of their lives or freedom for political reasons and who suffered undue property damage by the state, before 2 may 1990. the documents of the communist state party, of the civil society organisations and youth organisations established with the contribution of or influenced directly by the communist state party, and of trade unions, created during the communist dictatorship shall be property of the state and shall be deposited in public archives in the same way as the files of organs performing public duties. freedom and responsibility article i the inviolable and inalienable fundamental rights of man shall be respected. it shall be the primary obligation of the state to protect these rights. hungary shall recognise the fundamental individual and collective rights of man. the rules for fundamental rights and obligations shall be laid down in an act. a fundamental right may only be restricted to allow the effective use of another fundamental right or to protect a constitutional value, to the extent absolutely necessary, proportionate to the objective pursued and with full respect for the essential content of such fundamental right. fundamental rights and obligations which by their nature apply not only to man shall be guaranteed also for legal entities established by an act. article ii human dignity shall be inviolable. every human being shall have the right to life and human dignity; the life of the foetus shall be protected from the moment of conception. article iii no one shall be subject to torture, inhuman or degrading treatment or punishment, or held in servitude. trafficking in human beings shall be prohibited. it shall be prohibited to perform medical or scientific experiment on human beings without their informed and voluntary consent. practices aimed at eugenics, the use of the human body or its parts for financial gain, as well as human cloning shall be prohibited. article iv everyone shall have the right to liberty and security of the person. no one shall be deprived of liberty except for reasons specified in an act and in accordance with the procedure laid down in an act. life imprisonment without parole may only be imposed for the commission of intentional and violent criminal offences. any person suspected of having committed a criminal offence and taken into detention shall, as soon as possible, be released or brought before a court. the court shall be obliged to hear the person brought before it and shall forthwith take a decision with a written reasoning to release or to arrest that person. everyone shall have the right to compensation, whose liberty has been restricted without a well-founded reason or unlawfully. article v everyone shall have the right to repel any unlawful attack against his or her person or property, or one that poses a direct threat to the same, as provided for by an act. article vi everyone shall have the right to have his or her private and family life, home, communications and good reputation respected. everyone shall have the right to the protection of his or her personal data, as well as to access and disseminate data of public interest. the application of the right to the protection of personal data and to access data of public interest shall be supervised by an independent authority established by a cardinal act. article vii everyone shall have the right to freedom of thought, conscience and religion. this right shall include the freedom to choose or change one's religion or other belief, and the freedom of everyone to manifest, abstain from manifesting, practise or teach his or her religion or other belief through religious acts, rites or otherwise, either individually or jointly with others, either in public or in private life. people sharing the same principles of faith may, for the practice of their religion, establish religious communities operating in the organisational form specified in a cardinal act. the state and religious communities shall operate separately. religious communities shall be autonomous. the state and religious communities may cooperate to achieve community goals. at the request of a religious community, the national assembly shall decide on such cooperation. the religious communities participating in such cooperation shall operate as established churches. the state shall provide specific privileges to established churches with regard to their participation in the fulfilment of tasks that serve to achieve community goals. 13 the common rules relating to religious communities, as well as the conditions of cooperation, the established churches and the detailed rules relating to established churches shall be laid down in a cardinal act. article viii everyone shall have the right to peaceful assembly. everyone shall have the right to establish and join organisations. political parties may be formed and may operate freely on the basis of the right to association. political parties shall participate in the formation and expression of the will of the people. political parties shall not exercise public power directly. the detailed rules for the operation and management of political parties shall be laid down in a cardinal act. trade unions and other interest representation organisations may be formed and may operate freely on the basis of the right to association. article ix everyone shall have the right to freedom of speech. hungary shall recognise and protect the freedom and diversity of the press, and shall ensure the conditions for free dissemination of information necessary for the formation of democratic public opinion. in the interest of the appropriate provision of information as necessary during the electoral campaign period for the formation of democratic public opinion, political advertisements may only be published in media services free of charge, under conditions guaranteeing equal opportunities, laid down in a cardinal act. the right to freedom of speech may not be exercised with the aim of violating the human dignity of others. the right to freedom of speech may not be exercised with the aim of violating the dignity of the hungarian nation or of any national, ethnic, racial or religious community. persons belonging to such communities shall be entitled to enforce their claims in court against the expression of an opinion which violates the community, invoking the violation of their human dignity, as provided for by an act. the detailed rules relating to the freedom of the press and the organ supervising media services, press products and the communications market shall be laid down in a cardinal act. article x hungary shall ensure the freedom of scientific research and artistic creation, the freedom of learning for the acquisition of the highest possible level of knowledge, and, within the framework laid down in an act, the freedom of teaching. the state shall have no right to decide on questions of scientific truth; only scientists shall have the right to evaluate scientific research. hungary shall protect the scientific and artistic freedom of the hungarian academy of sciences and the hungarian academy of arts. higher education institutions shall be autonomous in terms of the content and the methods of research and teaching; their organisation shall be regulated by an act. the government shall, within the framework of an act, lay down the rules governing the management of public higher education institutions and shall supervise their management. article xi every hungarian citizen shall have the right to education. hungary shall ensure this right by extending and generalising public education, providing free and compulsory primary education, free and generally available secondary education, and higher education available to every person according to his or her abilities, and by providing statutory financial support to beneficiaries of education. an act may provide that financial support of higher education studies shall be subject to participation for a definite period in employment or to exercising for a definite period of entrepreneurial activities, regulated by hungarian law. article xii everyone shall have the right to freely choose his or her work, occupation and to engage in entrepreneurial activities. everyone shall be obliged to contribute to the enrichment of the community through his or her work, in accordance with his or her abilities and possibilities. hungary shall strive to create the conditions ensuring that everyone who is able and willing to work has the opportunity to do so. article xiii everyone shall have the right to property and inheritance. property shall entail social responsibility. property may only be expropriated exceptionally, in the public interest and in the cases and ways provided for by an act, subject to full, unconditional and immediate compensation. article xiv hungarian citizens shall not be expelled from the territory of hungary and may return from abroad at any time. foreigners staying in the territory of hungary may only be expelled under a lawful decision. collective expulsion shall be prohibited. no one shall be expelled or extradited to a state where he or she would be in danger of being sentenced to death, being tortured or being subjected to other inhuman treatment or punishment. hungary shall, upon request, grant asylum to non-hungarian citizens being persecuted or having a well-founded fear of persecution in their native country or in the country of their usual residence for reasons of race, nationality, membership of a particular social group, religious or political belief, if they do not receive protection from their country of origin or from any other country. article xv everyone shall be equal before the law. every human being shall have legal capacity. hungary shall guarantee the fundamental rights to everyone without discrimination and in particular without discrimination on grounds of race, colour, sex, disability, language, religion, political or other opinion, national or social origin, property, birth or any other status. women and men shall have equal rights. by means of separate measures, hungary shall promote the achievement of equality of opportunity and social inclusion. by means of separate measures, hungary shall protect families, children, women, the elderly and persons living with disabilities. article xvi every child shall have the right to the protection and care necessary for his or her proper physical, mental and moral development. parents shall have the right to choose the upbringing to be given to their children. parents shall be obliged to take care of their minor children. this obligation shall include the provision of schooling for their children. adult children shall be obliged to take care of their parents if they are in need. article xvii employees and employers shall cooperate with each other with a view to ensuring jobs and the sustainability of the national economy, and to other community goals. employees, employers and their organisations shall have the right, as provided for by an act, to negotiate with each other and conclude collective agreements, and to take collective action to defend their interests, including the right of workers to discontinue work. every employee shall have the right to working conditions which respect his or her health, safety and dignity. every employee shall have the right to daily and weekly rest periods and to an annual period of paid leave. article xviii the employment of children shall be prohibited, except for cases specified in an act where there is no risk to their physical, mental or moral development. by means of separate measures, hungary shall ensure the protection of young people and parents at work. article xix hungary shall strive to provide social security to all of its citizens. every hungarian citizen shall be entitled to assistance in the case of maternity, illness, disability, handicap, widowhood, orphanage and unemployment for reasons outside of his or her control, as provided for by an act. hungary shall implement social security for the persons listed in paragraph (1) and other people in need through a system of social institutions and measures. the nature and extent of social measures may be determined by law in accordance with the usefulness to the community of the beneficiary’s activity. hungary shall contribute to ensuring the livelihood for the elderly by maintaining a general state pension system based on social solidarity and by allowing for the operation of voluntarily established social institutions. the conditions of entitlement to state pension may be laid down in an act with regard to the requirement for stronger protection for women. article xx everyone shall have the right to physical and mental health. hungary shall promote the effective application of the right referred to in paragraph (1) by an agriculture free of genetically modified organisms, by ensuring access to healthy food and drinking water, by organising safety at work and healthcare provision, by supporting sports and regular physical exercise, as well as by ensuring the protection of the environment. article xxi hungary shall recognise and give effect to the right of everyone to a healthy environment. anyone who causes damage to the environment shall be obliged to restore it or to bear the costs of restoration, as provided for by an act. the introduction of pollutant waste into the territory of hungary for the purpose of disposal shall be prohibited. article xxii hungary shall strive to ensure decent housing conditions and access to public services for everyone. the state and local governments shall also contribute to creating decent housing conditions by striving to ensure accommodation for all persons without a dwelling. in order to protect public order, public security, public health and cultural values, an act or a local government decree may, with respect to a specific part of public space, provide that staying in public space as a habitual dwelling shall be illegal. article xxiii every adult hungarian citizen shall have the right to vote and to be voted for in elections of members of the national assembly, local government representatives and mayors, and of members of the european parliament. every adult citizen of another member state of the european union who is a resident of hungary shall have the right to be a voter as well as a candidate in the elections of local representatives and mayors, and of members of the european parliament. every adult person who is recognised as a refugee, immigrant or resident of hungary shall have the right to be a voter in the elections of local representatives and mayors. a cardinal act may provide that the right to vote and to be voted for, or its completeness shall be subject to residence in hungary, and the eligibility to be voted for shall be subject to additional criteria. in elections of local government representatives and mayors voters may vote at their place of residence or registered place of stay. voters may exercise their right to vote at their place of residence or registered place of stay. those disenfranchised by a court for a criminal offence or limited mental capacity shall not have the right to vote and to be voted for. citizens of another member state of the european union with residence in hungary shall not have the right to be voted for if they have been excluded from the exercise of this right in their country pursuant to a legal regulation, a court decision or an authority decision of their state of citizenship. everyone having the right to vote in elections of members of the national assembly shall have the right to participate in national referendums. everyone having the right to vote in elections of local government representatives and mayors shall have the right to participate in local referendums. every hungarian citizen shall have the right to hold public office corresponding to his or her aptitude, qualifications and professional competence. public offices that may not be held by members or officials of political parties shall be specified in an act. article xxiv everyone shall have the right to have his or her affairs handled impartially, fairly and within a reasonable time by the authorities. authorities shall be obliged to give reasons for their decisions, as provided for by an act. everyone shall have the right to compensation for any damage unlawfully caused to him or her by the authorities in the performance of their duties, as provided for by an act. article xxv everyone shall have the right to submit, either individually or jointly with others, written applications, complaints or proposals to any organ exercising public power. article xxvi the state shall strive to use the latest technological solutions and scientific achievements to make its operation efficient, raise the standard of public services, improve the transparency of public affairs and to promote equality of opportunity. article xxvii everyone staying lawfully in the territory of hungary shall have the right to move freely and to freely choose his or her place of stay. every hungarian citizen shall have the right to enjoy the protection of hungary during his or her stay abroad. article xxviii everyone shall have the right to have any charge against him or her, or his or her rights and obligations in any litigation, adjudicated within a reasonable time in a fair and public trial by an independent and impartial court established by an act. no one shall be considered guilty until his or her criminal liability has been established by the final decision of a court. persons subject to criminal proceedings shall have the right to defence at all stages of the proceedings. defence counsels shall not be held liable for their opinion expressed while providing legal defence. no one shall be held guilty of or be punished for an act which at the time when it was committed did not constitute a criminal offence under hungarian law or, within the scope specified in an international treaty or a legal act of the european union, under the law of another state. paragraph (4) shall not prejudice the prosecution or conviction of any person for any act which, at the time when it was committed, was a criminal offence according to the generally recognised rules of international law. with the exception of extraordinary cases of legal remedy laid down in an act, no one shall be prosecuted or convicted for a criminal offence for which he or she has already been finally acquitted or convicted in hungary or, within the scope specified in an international treaty or a legal act of the european union, in another state, as provided for by an act. everyone shall have the right to seek legal remedy against any court, authority or other administrative decision which violates his or her rights or legitimate interests. article xxix nationalities living in hungary shall be constituent parts of the state. every hungarian citizen belonging to any nationality shall have the right to freely express and preserve his or her identity. nationalities living in hungary shall have the right to use their native languages and to the individual and collective use of names in their own languages, to promote their own cultures, and to be educated in their native languages. nationalities living in hungary shall have the right to establish local and national self-governments. the detailed rules relating to the rights of nationalities living in hungary, the nationalities, the requirements for recognition as a nationality, and the rules for the election of the self-governments of nationalities at local and national level shall be laid down in a cardinal act. a cardinal act may provide that recognition as a nationality shall be subject to a certain length of time of presence and to the initiative of a certain number of persons declaring to be members of the nationality concerned. article xxx everyone shall contribute to covering common needs according to his or her capabilities and to his or her participation in the economy. for persons raising children, the extent of contribution to covering common needs shall be determined by taking into consideration the costs of raising children. article xxxi all hungarian citizens shall be obliged to defend the country. hungary shall maintain a volunteer reserve system for national defence purposes. during a state of national crisis, or if the national assembly decides so in a state of preventive defence, adult male hungarian citizens with residence in hungary shall perform military service. if military service involving the use of arms cannot be reconciled with the conscientious belief of the person obliged to perform military service, he shall perform unarmed service. the forms and detailed rules of the performance of military service shall be laid down in a cardinal act. for the duration of a state of national crisis, adult hungarian citizens with residence in hungary may be ordered to perform work for national defence purposes, as provided for by a cardinal act. for adult hungarian citizens with residence in hungary civil protection obligation may be introduced in the interest of performing national defence and disaster management tasks, as provided for by a cardinal act. in the interest of performing national defence and disaster management tasks everyone may be ordered to provide economic and material services, as provided for by a cardinal act. the state the national assembly article 1 hungary's supreme organ of popular representation shall be the national assembly. the national assembly shall: shall adopt and amend the fundamental law of hungary; shall adopt acts; shall adopt the central budget and approve its implementation; shall authorise the expression of consent to be bound by international treaties falling within its functions and powers; shall elect the president of the republic, the members and the president of the constitutional court, the president of the curia, the president of the national office for the judiciary, the prosecutor general, the commissioner for fundamental rights and his or her deputies, and the president of the state audit office; shall elect the prime minister, decide on any matter of confidence related to the government; shall dissolve representative bodies the operation of which is in conflict with the fundamental law; shall decide to declare a state of war and to conclude peace; shall take decisions concerning a special legal order or related to the participation in military operations; shall grant general pardons; shall exercise further functions and powers laid down in the fundamental law or in an act. article 2 members of the national assembly shall be elected by universal and equal suffrage in a direct and secret ballot, in elections which guarantee the free expression of the will of the voters, in a manner laid down in a cardinal act. the participation of the nationalities living in hungary in the work of the national assembly shall be regulated by a cardinal act. the general elections of the members of the national assembly shall be held in the month of april or may of the fourth year following the election of the previous national assembly, except for elections held due to the national assembly dissolving itself or to it being dissolved. article 3 the mandate of the national assembly shall commence with its constitutive sitting, and shall last until the constitutive sitting of the next national assembly. the constitutive sitting shall be convened by the president of the republic within thirty days of the elections. the national assembly may declare its own dissolution. the president of the republic, while simultaneously setting a date for new elections, may dissolve the national assembly if: the national assembly, when the mandate of the government terminates, fails to elect the person proposed for prime minister by the president of the republic within forty days of presentation of the first proposal, or the national assembly fails to adopt the central budget for the year in question by 31 march. before dissolving the national assembly, the president of the republic shall be obliged to obtain the opinion of the prime minister, the speaker of the national assembly, and the leaders of the parliamentary groups. the president of the republic may exercise his or her right set out in paragraph (3)a) until the national assembly elects the prime minister. the president of the republic may exercise his or her right set out in paragraph (3)b) until the national assembly adopts the central budget. the new national assembly shall be elected within ninety days of the national assembly dissolving itself or of it being dissolved. article 4 members of the national assembly shall have equal rights and obligations, they shall perform their activities in the public interest, and they shall not be given instructions in that respect. members of the national assembly shall be entitled to immunity and to remuneration ensuring their independence. a cardinal act shall specify the public offices which may not be held by members of the national assembly, and may lay down other cases of conflict of interests. the mandate of a member of the national assembly shall terminate: upon the termination of the mandate of the national assembly; upon his or her death; upon the declaration of a conflict of interests; upon his or her resignation; if the conditions required for his or her election no longer exist; if he or she has failed to participate in the national assembly's work for one year. the national assembly shall decide with the votes of two-thirds of the members of the national assembly present on the establishment of the absence of the conditions required for the election of a member of the national assembly, on the declaration of a conflict of interests, as well as on the establishment of a member of the national assembly's failure to participate in the national assembly's work for one year. the detailed rules relating to the legal status and the remuneration of members of the national assembly shall be laid down in a cardinal act. article 5 the sittings of the national assembly shall be public. at the request of the government or of any member of the national assembly, and with the votes of two-thirds of the members of the national assembly, the national assembly may decide to hold a sitting in-camera. the national assembly shall elect the speaker of the national assembly, deputy speakers and parliamentary notaries from among its members. the national assembly shall establish standing committees consisting of members of the national assembly. in order to coordinate their activities, members of the national assembly may establish parliamentary groups in accordance with the conditions laid down in the provisions of the rules of procedure. the national assembly shall have a quorum if more than half of its members are present at the sitting. unless otherwise provided in the fundamental law, the national assembly shall take its decisions with the votes of more than half of the members of the national assembly present. the provisions of the rules of procedure may provide that for certain decisions to be taken, qualified majority shall be required. the national assembly shall establish the rules of its operation and the order of its debates in the provisions of the rules of procedure adopted with the votes of two-thirds of the members of the national assembly present. in order to ensure undisturbed operation of the national assembly and to preserve its dignity, the speaker of the national assembly shall exercise policing and disciplinary powers laid down in the provisions of the rules of procedure. the provisions on parliament’s regular sessions shall be laid down in a cardinal act. the security of the national assembly shall be provided by a parliamentary guard. the parliamentary guard shall operate under the authority of the speaker of the national assembly. article 6 the president of the republic, the government, any parliamentary committee or any member of the national assembly may initiate acts. the national assembly may, upon the motion submitted before the final vote by the initiator of the act, by the government or by the speaker of the national assembly, send the adopted act to the constitutional court for an examination of its conformity with the fundamental law. the national assembly shall decide on the motion after the final vote. if the motion is adopted, the speaker of the national assembly shall forthwith send the adopted act to the constitutional court for an examination of its conformity with the fundamental law. the speaker of the national assembly shall within five days sign the adopted act and send it to the president of the republic. the president of the republic shall within five days sign the act sent to him or her and order its promulgation. if the national assembly has sent the act to the constitutional court for an examination of its conformity with the fundamental law under paragraph (2), the speaker of the national assembly may only sign and send it to the president of the republic if the constitutional court has not found any conflict with the fundamental law. if the president of the republic considers the act or any of its provisions to be in conflict with the fundamental law and no examination under paragraph (2) has been conducted, he or she shall send the act to the constitutional court for an examination of its conformity with the fundamental law. if the president of the republic disagrees with the act or any of its provisions and has not exercised his or her right under paragraph (4), prior to signing the act he or she may return it once, along with his or her comments, to the national assembly for reconsideration. the national assembly shall hold a new debate on the act and decide on its adoption again. the president of the republic may also exercise this right if no conflict with the fundamental law has been established by the constitutional court in the examination conducted under the national assembly's decision. the constitutional court shall decide on the motion under paragraph (2) or (4) with priority but within thirty days at the latest. if the constitutional court establishes a conflict with the fundamental law, the national assembly shall hold a new debate on the act in order to eliminate the conflict. if the constitutional court does not establish any conflict with the fundamental law in the examination initiated by the president of the republic, the president of the republic shall forthwith sign the act and order its promulgation. the constitutional court may be requested to conduct another examination, under paragraph (2) or (4), of the conformity with the fundamental law of the act debated and adopted by the national assembly in accordance with paragraph (6). the constitutional court shall decide on the repeated motion with priority but within ten days at the latest. if the national assembly amends the act returned due to disagreement of the president of the republic, the examination of its conformity with the fundamental law under paragraph (2) or (4) may be requested only in relation to the amended provisions or on the grounds of failure to meet the procedural requirements laid down in the fundamental law for the making of that act. if the national assembly adopts the act returned due to disagreement of the president of the republic with the text unamended, the president of the republic may request the examination of its conformity with the fundamental law on the grounds of failure to meet the procedural requirements laid down in the fundamental law for the making of that act. article 7 members of the national assembly may address questions to the commissioner for fundamental rights, the president of the state audit office, the prosecutor general, or the governor of the national bank of hungary about any matter within their functions. members of the national assembly may address interpellations or questions to the government or any of its members about any matter within their functions. the inquiry activities of parliamentary committees and the obligation to appear before such committees shall be regulated by a cardinal act. national referendums article 8 the national assembly shall order a national referendum at the initiative of at least two hundred thousand voters. the national assembly may order a national referendum at the initiative of the president of the republic, the government or one hundred thousand voters. the decision taken on a valid and conclusive referendum shall be binding on the national assembly. national referendums may be held about any matter falling within the functions and powers of the national assembly. no national referendum may be held on: any matter aimed at the amendment of the fundamental law; the contents of the acts on the central budget, the implementation of the central budget, central taxes, duties, contributions, customs duties or the central conditions for local taxes; the contents of the acts on the elections of members of the national assembly, local government representatives and mayors, or members of the european parliament; any obligation arising from international treaties; personal matters and matters concerning the establishment of organisations within the competence of the national assembly; the dissolution of the national assembly; the dissolution of a representative body; the declaration of a state of war, state of national crisis or state of emergency, furthermore on the declaration or extension of a state of preventive defence; any matter related to participation in military operations; the granting of general pardons. a national referendum shall be valid if more than half of all voters have cast valid votes, and it shall be conclusive if more than half of those voting validly have given the same answer to a question. the president of the republic article 9 the head of state of hungary shall be the president of the republic, who shall embody the unity of the nation and be the guardian of the democratic functioning of the state organisation. the president of the republic shall be the commander in chief of the hungarian defence forces. the president of the republic: shall represent hungary; may attend and address the sittings of the national assembly; may initiate acts; may initiate national referendums; shall set the date for general elections of members of the national assembly, local government representatives and mayors, furthermore for european parliament elections and national referendums; shall take decisions concerning a special legal order; shall convene the constitutive sitting of the national assembly; may dissolve the national assembly may send the adopted fundamental law or the amendment of the fundamental law to the constitutional court for an examination of its conformity with the procedural requirements laid down in the fundamental law with respect to its adoption, and may send adopted acts to the constitutional court for an examination of their conformity with the fundamental law or may return them to the national assembly for reconsideration; shall propose persons for the offices of the prime minister, the president of the curia, the president of the national office for the judiciary, the prosecutor general and the commissioner for fundamental rights; shall appoint professional judges and the president of the budget council, shall confirm the president of the hungarian academy of sciences and the president of the hungarian academy of arts in his or her office; shall form the organisation of his or her office. the president of the republic: shall, on the basis of authorisation of the national assembly, express consent to be bound by international treaties; shall accredit and receive ambassadors and envoys; shall appoint ministers, the governor and deputy governors of the national bank of hungary, the heads of autonomous regulatory organs and university professors; shall assign university rectors; shall appoint and promote generals; shall award decorations, prizes and titles specified in an act, and authorise the use of foreign state decorations; shall exercise the right to grant individual pardons; shall decide on matters of territorial organisation falling within his or her functions and powers; shall decide on matters related to the acquisition or termination of citizenship; shall decide on all matters within the powers conferred on him or her by an act. the counter-signature of a member of the government shall be required for all actions and decisions of the president of the republic under paragraph (4). an act may provide that for decisions taken within the powers conferred on the president of the republic by an act, no counter-signature shall be required. the president of the republic shall refuse to act in accordance with the provisions set out in paragraphs (4)b) to e) if the conditions required by legal regulations are not met or if he or she has well-grounded reasons to conclude that it would lead to a serious disorder in the democratic functioning of the state organisation. the president of the republic shall refuse to act in accordance with the provisions set out in paragraph (4)f), if it would violate the values enshrined in the fundamental law. article 10 the president of the republic shall be elected for five years by parliament. any hungarian citizen above the age of 35 years may be elected to serve as the president of the republic. the president of the republic may be re-elected only once. article 11 the president of the republic shall be elected no sooner than sixty but no later than thirty days before expiry of the mandate of the previous president of the republic, or, as the case may be, within thirty days of the premature termination of his or her mandate. the date for the election of the president of the republic shall be set by the speaker of the house. the national assembly shall elect the president of the republic by secret ballot. the election of the president of the republic shall be preceded by nomination. for a nomination to be valid, the written recommendation of at least one-fifth of the members of the national assembly shall be required. nominations shall be submitted to the speaker of the national assembly before the vote is ordered. every member of the national assembly may recommend one candidate. if a member of the national assembly recommends more than one candidate, all recommendations of that member shall be invalid. president of the republic elected in the first round of voting shall be the candidate who receives the votes of two-thirds of the members of the national assembly. if the first round of voting is inconclusive, a second round shall be held. in the second round of voting, votes may be cast for the two candidates receiving the highest and second highest numbers of votes respectively in the first round. in the event of a tied vote for first place in the first round of voting, votes may be cast for the candidates who have received the highest number of votes. in the event of a tied vote only for second place in the first round of voting, votes may be cast for all candidates who have received the highest and second highest numbers of votes. the president of the republic, elected in the second round of voting, shall be the candidate who has received the majority of valid votes, irrespective of the number of voters. if the second round of voting is also inconclusive, a new election shall be held after repeated nomination. the voting procedure shall be completed within no more than two consecutive days. the president-elect of the republic shall take office upon expiry of the mandate of the previous president of the republic, or if his or her mandate terminated prematurely, on the eighth day after the announcement of the result of the election; prior to taking office the president-elect of the republic shall take an oath before the national assembly. article 12 the person of the president of the republic shall be inviolable. the office of the president of the republic shall be incompatible with any other state, social, economic and political office or assignment. the president of the republic may not pursue any other remunerated occupation, and may not receive a fee for any other activity, except for an activity subject to copyright protection. the mandate of the president of the republic shall terminate: upon the expiry of his or her term of office; upon his or her death; if he or she is incapable of performing his or her functions for over ninety days; if the conditions for his or her election no longer exist; upon the declaration of a conflict of interests; upon his or her resignation; upon his or her removal from the office of the president of the republic. the national assembly shall decide with the votes of two-thirds of the members of the national assembly present on the establishment of any condition of the president of the republic preventing him or her of performing his or her functions for over ninety days, or of the absence of the conditions required for his or her election, or on the declaration of a conflict of interests. the detailed rules for the legal status of the president of the republic and the previous presidents of the republic, and their remuneration shall be laid down in a cardinal act. article 13 criminal proceedings against the president of the republic may be instituted only after the termination of his or her mandate. if the president of the republic wilfully violates the fundamental law or, in connection with performing his or her office, any act, or if he or she commits a wilful criminal offence, one-fifth of the members of the national assembly may propose his or her removal from office. for the impeachment procedure to be instituted, the votes of two-thirds of the members of the national assembly shall be required. voting shall be held by secret ballot. as from the adoption of the decision of the national assembly, the president of the republic may not exercise his or her powers until the impeachment procedure is concluded. the constitutional court shall have the power to conduct the impeachment procedure. if, as a result of the procedure, the constitutional court establishes the responsibility of the president of the republic under public law, it may remove the president of the republic from office. article 14 if the president of the republic is temporarily prevented from acting, or if the mandate of the president of the republic terminates, the speaker of the national assembly shall exercise the functions and powers of the president of the republic until he or she is no longer prevented from acting, or until the new president of the republic takes office, respectively. the fact that the president of the republic is temporarily prevented from acting shall be established by the national assembly at the initiative of the president of the republic, the government or any member of the national assembly. while substituting for the president of the republic, the speaker of the national assembly may not exercise his or her rights as a member of the national assembly, and his or her duties as speaker of the national assembly shall be performed by the deputy speaker of the national assembly designated by the national assembly. the government article 15 the government shall be the general organ of executive power, it shall exercise all the functions and powers which are not expressly conferred by the fundamental law or a legal regulation on another organ. the government shall be accountable to the national assembly. the government shall be the principal organ of public administration, it may establish organs of state administration, as provided for by an act. acting within its functions, the government shall adopt decrees in matters not regulated by an act, or on the basis of authorisation by an act. no government decree shall conflict with any act. article 16 the members of the government shall be the prime minister and the ministers. by means of a decree, the prime minister shall designate one or more deputy prime minister(s) from among the ministers. the prime minister shall be elected by the national assembly on the proposal of the president of the republic. the prime minister shall be elected with the votes of more than half of the members of the national assembly. the prime minister shall take office upon his or her election. the president of the republic shall present his or her proposal referred to in paragraph (3): at the constitutive sitting of the new national assembly, if the prime minister's mandate has terminated upon the formation of the newly-elected national assembly; within fifteen days of the termination of the prime minister's mandate, if the prime minister's mandate has terminated upon his or her resignation, his or her death, the declaration of a conflict of interests, due to the absence of the conditions required for his or her election or because the national assembly has expressed its lack of confidence in the prime minister in a confidence vote. if the national assembly fails to elect the person proposed for prime minister in accordance with paragraph (5), the president of the republic shall present a new proposal within fifteen days. ministers shall be appointed by the president of the republic on the proposal of the prime minister. ministers shall take office on the date designated in the deed of appointment or, in the absence thereof, upon their appointment. the government shall be established when ministers are appointed. the members of the government shall take an oath before the national assembly. article 17 the ministries shall be listed in an act. ministers without portfolio may be appointed to perform the functions determined by the government. the capital or county government offices shall be the territorial state administration organs of the government with general competence. provisions of a cardinal act regarding the designation of ministries, ministers or organs of the public administration may be amended by an act. the legal status of government officials shall be regulated by an act. article 18 the prime minister shall define the general policy of the government. ministers shall, within the framework of the general policy of the government, autonomously control the sectors of state administration within their functions and the subordinated organs, and shall perform the tasks determined by the government or the prime minister. acting on the basis of authorisation by an act or a government decree, and within their functions, members of the government shall adopt decrees, either autonomously or in agreement with other ministers; no such decree shall conflict with any act, government decree or decree of the governor of the national bank of hungary. members of the government shall be accountable to the national assembly for their actions, and ministers shall be accountable to the prime minister. members of the government may attend and address the sittings of the national assembly. the national assembly or a parliamentary committee may oblige members of the government to attend their sitting. the detailed rules for the legal status of members of the government, their remuneration, as well as the rules regarding the substitution of ministers shall be laid down in an act. article 19 the national assembly may request information from the government on the government position to be represented in the decision-making procedures of the intergovernmental institutions of the european union, and may take a position on the draft placed on the agenda in the procedure. in the course of the decision-making of the european union, the government shall act on the basis of the position taken by the national assembly. article 20 upon the termination of the prime minister's mandate, the mandate of the government shall terminate. the prime minister's mandate shall terminate: upon the formation of the newly-elected national assembly; if the national assembly expresses its lack of confidence in the prime minister and elects a new prime minister; if the national assembly expresses its lack of confidence in the prime minister in a confidence vote initiated by the prime minister; upon his or her resignation; upon his or her death; upon the declaration of a conflict of interests; if the conditions required for his or her election no longer exist. a minister's mandate shall terminate: upon the termination of the prime minister's mandate; upon his or her resignation; upon his or her dismissal; upon his or her death. the national assembly shall decide with the votes of two-thirds of the members of the national assembly present on the establishment of the absence of the conditions required for the election of the prime minister or on the declaration of a conflict of interests. article 21 one-fifth of the members of the national assembly may, together with the designation of a candidate for the office of prime minister, submit a written motion of no-confidence against the prime minister. if the national assembly supports the motion of no-confidence, it thereby expresses its lack of confidence in the prime minister and simultaneously elects the person proposed for the office of prime minister in the motion of no-confidence. for such decision of the national assembly, the votes of more than half of the members of the national assembly shall be required. the prime minister may put forward a confidence vote. the national assembly expresses its lack of confidence in the prime minister if more than half of the members of the national assembly do not support the prime minister in the confidence vote proposed by the prime minister. the prime minister may propose that the vote on a proposal submitted by the government be simultaneously a confidence vote. the national assembly expresses its lack of confidence in the prime minister if it does not support the proposal submitted by the government. the national assembly shall decide on the question of confidence after the third day, but no later than eight days following the submission of the motion of no-confidence or of the prime minister's motion pursuant to paragraphs (3) or (4). article 22 from the termination of its mandate until the formation of the new government, the government shall exercise its powers as a caretaker government, but may not express consent to be bound by international treaties, and may adopt decrees only on the basis of authorisation by an act and in cases of urgency. if the prime minister's mandate terminates upon his or her resignation or the formation of the newly-elected national assembly, the prime minister shall exercise his or her powers as a caretaker prime minister until the election of the new prime minister, but may not propose the dismissal of ministers or the appointment of new ministers, and may adopt decrees only on the basis of authorisation by an act and in cases of urgency. if the prime minister's mandate has terminated upon his or her death, the declaration of a conflict of interests, due to the absence of the conditions required for his or her election or because the national assembly has expressed its lack of confidence in the prime minister in a confidence vote, the powers of the prime minister shall be exercised by the deputy prime minister or, in the case of more than one deputy prime ministers, by the one designated as first deputy prime minister, until the new prime minister is elected and with the limitations set out in paragraph (2). a minister shall exercise his or her powers as a caretaker minister from the termination of the prime minister's mandate until a new minister is appointed or another member of the new government is assigned to temporarily perform the ministerial functions, but may adopt decrees only in cases of urgency. autonomous regulatory organs article 23 by means of a cardinal act, the national assembly may establish autonomous regulatory organs to perform and exercise certain functions and powers belonging to the executive branch. the head of an autonomous regulatory organ shall be appointed by the prime minister or, on the proposal of the prime minister, by the president of the republic for the term specified in a cardinal act. the head of an autonomous regulatory organ shall appoint his or her deputy or deputies. the head of an autonomous regulatory organ shall annually report to the national assembly on the activities of the autonomous regulatory organ. acting on the basis of authorisation by an act and within his or her functions laid down in a cardinal act, the head of an autonomous regulatory organ shall issue decrees; no such decree shall conflict with any act, government decree, prime ministerial decree, ministerial decree or decree of the governor of the national bank of hungary. in issuing decrees, the head of an autonomous regulatory organ may be substituted for by the deputy he or she designated in a decree. the constitutional court article 24 the constitutional court shall be the principal organ for the protection of the fundamental law. the constitutional court: shall examine adopted acts not yet published for conformity with the fundamental law; shall, at the initiative of a judge, review the conformity with the fundamental law of any legal regulation applicable in a particular case with priority but within ninety days at the latest; shall, on the basis of a constitutional complaint, review the conformity with the fundamental law of any legal regulation applied in a particular case; shall, on the basis of a constitutional complaint, review the conformity with the fundamental law of any judicial decision; shall, at the initiative of the government, one-fourth of the members of the national assembly, the president of the curia, the prosecutor general or the commissioner for fundamental rights, review the conformity with the fundamental law of any legal regulation; shall examine any legal regulation for conflict with any international treaties; shall exercise further functions and powers laid down in the fundamental law or in a cardinal act. the constitutional court: shall, within its powers set out in paragraph (2)b), c), and e), annul any legal regulation or any provision of a legal regulation which conflicts with the fundamental law; shall, within its power set out in paragraph (2)d), annul any judicial decision which conflicts with the fundamental law; may, within its power set out in paragraph (2)f), annul any legal regulation or any provision of a legal regulation which conflicts with an international treaty; and/or shall determine legal consequences set out in a cardinal act. the constitutional court may review and/or annul any provision not requested to be reviewed of a legal regulation only if there is a close substantive connection between that provision and the provision requested to be reviewed of the legal regulation. the constitutional court may review the fundamental law or the amendment of the fundamental law only in relation to the procedural requirements laid down in the fundamental law for its making and promulgation. such examination may be initiated by: the president of the republic in respect of the fundamental law or the amendment of the fundamental law, if adopted but not yet published; the government, one-fourth of the members of the national assembly, the president of the curia, the prosecutor general or the commissioner for fundamental rights within thirty days of promulgation. the constitutional court shall decide on the motion pursuant to paragraph (5) with priority but within thirty days at the latest. if the constitutional court finds that the fundamental law or the amendment of the fundamental law does not comply with the procedural requirements referred to in paragraph (5), the fundamental law or the amendment of the fundamental law: shall again be debated in the national assembly in the case laid down in paragraph (5)a); shall be annulled by the constitutional court in the case laid down in paragraph (5)b). the constitutional court shall, as provided for by a cardinal act, hear the legislator of the legal regulation, the initiator of the act or their representative or shall obtain their opinions during its procedure if the matter affects a wide range of persons. this stage of the procedure shall be public. the constitutional court shall be a body composed of fifteen members, each elected for twelve years with the votes of two-thirds of the members of the national assembly. the national assembly shall, with the votes of two-thirds of the members of the national assembly, elect a member of the constitutional court to serve as its president until the expiry of his or her term of office as judge of the constitutional court. members of the constitutional court may not be members of political parties or engage in political activities. the detailed rules for the powers, organisation and operation of the constitutional court shall be laid down in a cardinal act. courts article 25 courts shall administer justice. the supreme judicial body shall be the curia. courts shall decide on: criminal matters, civil disputes and on other matters specified in an act; the lawfulness of administrative decisions; the conflict of local government decrees with any other legal regulation, and on their annulment; the establishment of non-compliance of a local government with its obligation based on an act to legislate. in addition to the responsibilities defined by paragraph (2), the curia shall ensure uniformity in the judicial application of laws and shall make decisions accordingly, which shall be binding on courts. the organisation of the judiciary shall have multiple levels. separate courts may be established for specific groups of cases. the central responsibilities of the administration of the courts shall be performed by the president of the national office for the judiciary. the national council of justice shall supervise the central administration of the courts. the national council of justice and other bodies of judicial self-government shall participate in the administration of the courts. the president of the national office for the judiciary shall be elected by the national assembly from among the judges for nine years on the proposal of the president of the republic. the president of the national office for the judiciary shall be elected with the votes of two-thirds of the members of the national assembly. the president of the curia shall be a member of the national council of justice further members of which shall be elected by judges, as laid down in a cardinal act. an act may provide that in certain legal disputes other organs may also act. the detailed rules for the organisation and administration of courts, for the legal status of judges, as well as the remuneration of judges shall be laid down in a cardinal act. article 26 judges shall be independent and only subordinated to laws, and may not be instructed in relation to their judicial activities. judges may only be removed from office for the reasons and in a procedure defined by a cardinal act. judges shall not be affiliated to any political party or engage in any political activity. professional judges shall be appointed by the president of the republic, as provided for by a cardinal act. only persons having reached the age of thirty years may be appointed judge. except for the president of the curia and the president of the national office for the judiciary, the service relationship of judges shall terminate upon their reaching the general retirement age. the president of the curia shall be elected by the national assembly from among the judges for nine years on the proposal of the president of the republic. the president of the curia shall be elected with the votes of two-thirds of the members of the national assembly. article 27 unless otherwise provided in an act, courts shall adjudicate in chambers. non-professional judges shall also participate in the administration of justice in the cases and ways specified in an act. only professional judges may act as a single judge or as the president of a chamber. in cases specified in an act, court secretaries may also act within the powers of a single judge; in the course of such activity of the court secretary, article 26(1) shall apply to him or her. [repealed] article 28 in the course of the application of law, courts shall interpret the text of legal regulations primarily in accordance with their purposes and with the fundamental law. when interpreting the fundamental law or legal regulations, it shall be presumed that they serve moral and economical purposes which are in accordance with common sense and the public good. the prosecution service article 29 the prosecutor general and the prosecution service shall be independent, shall contribute to the administration of justice by exclusively enforcing the state's demand for punishment as public accuser. the prosecution service shall prosecute criminal offences, take action against other unlawful acts or non-compliances, as well as contribute to the prevention of unlawful acts. 54 the prosecutor general and the prosecution service: shall exercise rights in connection with investigations, as provided for by an act; shall represent the prosecution in court proceedings; shall supervise the lawfulness of penal enforcement; shall, as a guardian of public interest, exercise further functions and powers laid down in the fundamental law or in an act. the organisation of the prosecution service shall be led and directed by the prosecutor general, who shall appoint prosecutors. except for the prosecutor general, the service relationship of prosecutors shall terminate upon their reaching the general retirement age. the prosecutor general shall be elected by the national assembly from among the prosecutors for nine years on the proposal of the president of the republic. the prosecutor general shall be elected with the votes of two-thirds of the members of the national assembly. the prosecutor general shall annually report to the national assembly on his or her activities. prosecutors may not be members of political parties or engage in political activities. the detailed rules for the organisation and operation of the prosecution service, for the legal status of the prosecutor general and the prosecutors, as well as their remuneration shall be laid down in a cardinal act. the commissioner for fundamental rights article 30 the commissioner for fundamental rights shall perform fundamental rights protection activities, his or her proceedings may be initiated by anyone. the commissioner for fundamental rights shall inquire into any violations related to fundamental rights, that come to his or her knowledge, or have such violations inquired into, and shall initiate general or specific measures to remedy them. the commissioner for fundamental rights and his or her deputies shall be elected for six years with the votes of two-thirds of the members of the national assembly. the deputies shall protect the interests of future generations and the rights of nationalities living in hungary. the commissioner for fundamental rights and his or her deputies may not be members of political parties or engage in political activities. the commissioner for fundamental rights shall annually report to the national assembly on his or her activities. the detailed rules for the commissioner for fundamental rights and his or her deputies shall be laid down in an act. local governments article 31 in hungary local governments shall function to manage local public affairs and exercise local public power. local referendums may be held on any matter within the functions and powers of the local government, as provided for by an act. the rules relating to local governments shall be laid down in a cardinal act. article 32 in the management of local public affairs and within the framework of an act, local governments: shall adopt decrees; shall take decisions; shall autonomously administer their affairs; shall determine the rules of their organisation and operation; shall exercise the rights of ownership with respect to local government property; shall determine their budgets and autonomously manage their affairs on the basis thereof, may engage in entrepreneurial activities with their assets and revenues available for this purpose, without jeopardising the performance of their mandatory duties; shall decide on the types and rates of local taxes; may create local government symbols and establish local decorations and honorific titles; may request information from the organ having the relevant duties and powers, initiate decisions or express an opinion; may freely associate with other local governments, establish associations for the representation of their interests, cooperate with local governments of other countries within their functions and powers, and become members of international organisations of local governments; shall exercise further functions and powers laid down in an act. acting within their functions, local governments shall adopt local government decrees to regulate local social relations not regulated by an act, and/or on the basis of authorisation by an act. no local government decree shall conflict with any other legal regulation. local governments shall send local government decrees to the capital or county government office immediately after their promulgation. if the capital or county government office finds the local government decree or any of its provisions to be in conflict with any legal regulation, it may apply to a court for a review of the local government decree. the capital or county government office may apply to a court for the establishment of non-compliance of a local government with its obligation based on an act to adopt decrees or take decisions. should the local government fail to comply with its obligation to adopt decrees or take decisions by the date determined by the court in its decision establishing noncompliance, the court shall, at the initiative of the capital or county government office, order the head of the capital or county government office to adopt the local government decree or local government decision required to remedy the non-compliance in the name of the local government. the property of local governments shall be public property which shall serve for the performance of their tasks. article 33 the functions and powers of a local government shall be exercised by its representative body. a local representative body shall be headed by the mayor. the president of a county representative body shall be elected by the county representative body from among its members for the term of its mandate. a representative body may elect committees and establish an office, as provided for by a cardinal act. article 34 local governments and state organs shall cooperate to achieve community goals. an act may set out mandatory functions and powers for local governments. for the performance of their mandatory functions and powers, local governments shall be entitled to proportionate budgetary and/or other financial support. an act may provide that mandatory tasks of local governments shall be performed through associations. an act, or a government decree based on authorisation by an act may exceptionally specify functions and powers of state administration for mayors, presidents of county representative bodies and for heads or officers of the office of representative bodies. the government shall ensure supervision of the legality of local governments through the capital or county government offices. in order to preserve a balanced budget, an act may provide that for any borrowing or for other undertaking of commitments by local governments to the extent determined in an act, certain conditions and/or the consent of the government shall be required. article 35 local government representatives and mayors shall be elected by universal and equal suffrage in a direct and secret ballot, in elections which guarantee the free expression of the will of the voters, in a manner laid down in a cardinal act. the general elections of local government representatives and mayors shall be held in the month of october of the fifth year following the previous general election of local government representatives and mayors. the mandate of representative bodies shall last until the day of the general elections of local government representatives and mayors. if no elections can be held due to a lack of candidates, the mandate of the local representative body shall be extended until the day of the interim elections. the mandate of mayors shall last until the election of the new mayors. representative bodies may declare their own dissolution, as provided for by a cardinal act. at the motion of the government submitted after obtaining the opinion of the constitutional court -, the national assembly shall dissolve representative bodies the operation of which is in conflict with the fundamental law. upon a representative body dissolving itself or upon it being dissolved, the mandate of the mayor shall also terminate. public finances article 36 the national assembly shall adopt an act on the central budget and on the implementation of the central budget for each year. the government shall submit the legislative proposal on the central budget and on the implementation of the central budget to the national assembly by the deadline determined in an act. the legislative proposal on the central budget and the legislative proposal on the implementation thereof shall contain state expenditures and revenues in the same structure, in a transparent manner and in reasonable detail. the adoption of the act on the central budget by the national assembly shall constitute an authorisation for the government to collect the revenues and to disburse the expenditures determined in that act. the national assembly may not adopt an act on the central budget as a result of which state debt would exceed half of the gross domestic product. as long as state debt exceeds half of the gross domestic product, the national assembly may only adopt an act on the central budget which provides for state debt reduction in proportion to the gross domestic product. any derogation from the provisions of paragraphs (4) and (5) shall only be allowed during a special legal order and to the extent necessary to mitigate the consequences of the circumstances triggering the special legal order, or, in case of an enduring and significant national economic recession, to the extent necessary to restore the balance of the national economy. if the national assembly fails to adopt the act on the central budget by the beginning of the calendar year, the government shall be authorised to collect the revenues determined in legal regulations and, within the framework of the appropriations determined in the act on the central budget for the previous year, disburse expenditures on a pro-rata basis. article 37 the government shall be obliged to implement the central budget in a lawful and expedient manner, with efficient management of public funds and by ensuring transparency. with the exceptions specified in article 36(6), no such borrowing may be contracted and no such financial commitment may be undertaken in the course of the implementation of the central budget which would allow the state debt to exceed half of the gross domestic product. as long as the state debt exceeds half of the gross domestic product, with the exceptions specified in article 36(6), no such borrowing may be contracted and no such financial commitment may be undertaken in the course of the implementation of the central budget which would result in an increase, as compared to the previous year, of the ratio of state debt in relation to the gross domestic product. as long as the state debt exceeds half of the gross domestic product, the constitutional court may, within its powers set out in article 24(2)b) to e), review the acts on the central budget, the implementation of the central budget, central taxes, duties and contributions, customs duties and the central conditions for local taxes for conformity with the fundamental law exclusively in connection with the rights to life and human dignity, to the protection of personal data, to freedom of thought, conscience and religion, or the rights related to hungarian citizenship, and it may annul these acts only for the violation of these rights. the constitutional court shall have the unrestricted right to annul also acts having the above subject matters, if the procedural requirements laid down in the fundamental law for the making and promulgation of those acts have not been met. in the case of provisions of acts that entered into force in a period while the state debt exceeded half of the gross domestic product, paragraph (4) shall apply to such period even if state debt no longer exceeds half of the gross domestic product. the method for the calculation of the state debt and the gross domestic product, as well as the rules relating to the implementation of the provisions of article 36 and paragraphs (1) to (3) shall be laid down in an act. [repealed] article 38 the property of the state and of local governments shall be national assets. the management and protection of national assets shall aim at serving public interest, meeting common needs and preserving natural resources, as well as at taking into account the needs of future generations. the requirements for preserving and protecting national assets, and for the responsible management of national assets shall be laid down in a cardinal act. the scope of the exclusive property and of the exclusive economic activities of the state, as well as the limitations and conditions of the alienation of national assets of outstanding importance for the national economy shall be determined in a cardinal act with regard to the goals referred to in paragraph (1). national assets may only be transferred for purposes specified in an act, with the exceptions specified in an act, taking into account the requirement of proportionate values. contracts for the transfer or utilisation of national assets may only be concluded with organisations of which the ownership structure, the organisation and the activity aimed at the management of the national assets transferred or assigned for utilisation is transparent. business organisations owned by the state or local governments shall manage their affairs in a manner determined in an act, autonomously and responsibly according to the requirements of lawfulness, expediency and efficiency. article 39 support or contractual payments from the central budget may only be granted to organisations of which the ownership structure, the organisation and the activity aimed at the use of the support is transparent. every organisation managing public funds shall be obliged to publicly account for its management of public funds. public funds and national assets shall be managed according to the principles of transparency and the purity of public life. data relating to public funds and national assets shall be data of public interest. article 40 in the interest of predictable contributions to common needs and of a secure livelihood for the elderly, basic rules for the sharing of public burdens and for the pension system shall be laid down in a cardinal act. article 41 the national bank of hungary shall be the central bank of hungary. the national bank of hungary shall be responsibility for monetary policy as set out by a cardinal act. the national bank of hungary shall perform the supervision of the financial intermediary system. the governor and deputy governors of the national bank of hungary shall be appointed for six years by the president of the republic. the governor of the national bank of hungary shall annually report to the national assembly on the activities of the national bank of hungary. acting on the basis of authorisation by an act and within his or her functions laid down in a cardinal act, the governor of the national bank of hungary shall issue decrees; no such decree shall conflict with any act. in issuing decrees, the governor of the national bank of hungary may be substituted for by the deputy governor he or she designated in a decree. the detailed rules for the organisation and operation of the national bank of hungary shall be laid down in a cardinal act. article 42 [repealed] article 43 the state audit office shall be the organ of the national assembly responsible for financial and economic audit. acting within its functions laid down in an act, the state audit office shall audit the implementation of the central budget, the management of public finances, the use of funds from public finances and the management of national assets. the state audit office shall carry out its audits according to the criteria of lawfulness, expediency and efficiency. the president of the state audit office shall be elected with the votes of two-thirds of the members of the national assembly for twelve years. the president of the state audit office shall annually report to the national assembly on the activities of the state audit office. the detailed rules for the organisation and operation of the state audit office shall be laid down in a cardinal act. article 44 as an organ supporting the legislative activity of the national assembly, the budget council shall examine feasibility of the central budget. the budget council shall take part in the preparation of the act on the central budget, as provided for by an act. in order to meet the requirements set out in article 36(4) and (5), prior consent of the budget council shall be required for the adoption of the act on the central budget. the members of the budget council shall be the president of the budget council, the governor of the national bank of hungary and the president of the state audit office. the president of the budget council shall be appointed for six years by the president of the republic. the detailed rules for the operation of the budget council shall be laid down in a cardinal act. the hungarian defence forces article 45 hungary's armed forces shall be the hungarian defence forces. core duties of the hungarian defence forces shall be the military defence of the independence, territorial integrity and borders of hungary, the performance of collective defence and peacekeeping tasks arising from international treaties, as well as the carrying out of humanitarian activities in accordance with the rules of international law. unless otherwise provided in an international treaty, and within the framework determined in the fundamental law and in a cardinal act, the national assembly, the president of the republic, the national defence council, the government or the minister having the relevant functions and powers shall have the right to direct the hungarian defence forces. the hungarian defence forces shall operate under the direction of the government. the hungarian defence forces shall take part in the prevention of disasters, and the relief and elimination of their consequences. professional staff members of the hungarian defence forces may not be members of political parties or engage in political activities. the detailed rules relating to the organisation, tasks, command and control, and operation of the hungarian defence forces shall be laid down in a cardinal act. the police and national security services article 46 the core duties of the police shall be the prevention and investigation of criminal offences, and the protection of public security, public order, and the order of state borders. the police shall operate under the direction of the government. the core duties of the national security services shall be the protection of the independence and lawful order of hungary, and the promotion of its national security interests. the national security services shall operate under the direction of the government. professional staff members of the police and the national security services may not be members of political parties or engage in political activities. the detailed rules relating to the organisation and operation of the police and the national security services, the rules for the use of special investigative means and techniques, as well as the rules concerning national security activities shall be laid down in a cardinal act. decisions on participation in military operations article 47 the government shall decide on any troop movement of the hungarian defence forces and foreign armed forces that involves the crossing of borders. with the exception of the cases specified in paragraph (3), the national assembly shall, with the votes of two-thirds of the members of the national assembly present, decide on the deployment of the hungarian defence forces abroad or within hungary, on their stationing abroad, as well as on the deployment of foreign armed forces in hungary or departing from the territory of hungary, or on their stationing in hungary. the government shall decide on the deployment of the hungarian defence forces and of foreign armed forces, referred to in paragraph (2) and based on the decision of the european union or the north atlantic treaty organisation, and on other troop movements thereof. the government, while simultaneously informing the president of the republic, shall forthwith report to the national assembly on its decisions taken under paragraph (3) or authorising the participation of the hungarian defence forces in peacekeeping or their humanitarian activity in a foreign operational area. special legal orders common rules for the state of national crisis and the state of emergency article 48 the national assembly: shall declare a state of national crisis and set up a national defence council in the event of the declaration of a state of war or an imminent danger of armed attack by a foreign power (danger of war); shall declare a state of emergency in the event of armed actions aimed at subverting the lawful order or at exclusively acquiring power, or in the event of serious acts of violence endangering life and property on a massive scale, committed with arms or with objects suitable to be used as arms. for the declaration of a state of war, the conclusion of peace or the declaration of a special legal order referred to in paragraph (1), the votes of two-thirds of the members of the national assembly shall be required. if the national assembly is prevented from taking such decisions, the president of the republic shall have the right to declare a state of war, to declare a state of national crisis and set up the national defence council, or to declare a state of emergency. the national assembly shall be deemed to be prevented from taking such decisions if it is not in session and its convening is made impossible by insurmountable obstacles caused by shortage of time or the events resulting in a state of war, state of national crisis or state of emergency. the speaker of the national assembly, the president of the constitutional court and the prime minister shall unanimously determine that the national assembly is prevented from acting and that the declaration of a state of war, state of national crisis or state of emergency is justified. as soon as the national assembly is no longer prevented from acting, it shall at its first sitting review whether the declaration of a state of war, state of national crisis or state of emergency was justified, and decide on the legality of the measures adopted. for such decision, the votes of two-thirds of the members of the national assembly shall be required. during a state of national crisis or a state of emergency, the national assembly may not dissolve itself and may not be dissolved. during a state of national crisis or a state of emergency, no general elections of members of the national assembly may be called or held; in such cases, a new national assembly shall be elected within ninety days of the termination of the state of national crisis or state of emergency. if the general elections of members of the national assembly have already been held but the new national assembly has not been formed yet, the president of the republic shall convene the constitutive sitting for a date within thirty days of the termination of the state of national crisis or state of emergency. the national assembly that has dissolved itself or has been dissolved may be convened also by the national defence council during a state of national crisis, and by the president of the republic during a state of emergency. state of national crisis article 49 the president of the national defence council shall be the president of the republic, and its members shall be the speaker of the national assembly, the leaders of parliamentary groups, the prime minister, the ministers and in a consultative capacity the chief of the national defence staff. the national defence council shall exercise: the powers delegated to it by the national assembly, the powers of the president of the republic, the powers of the government. the national defence council shall decide: on the deployment of the hungarian defence forces abroad or within hungary, on their participation in peacekeeping, on their humanitarian activity in a foreign operational area, or on their stationing abroad, on the deployment of foreign armed forces in hungary or departing from the territory of hungary, or on their stationing in hungary, on the introduction of extraordinary measures laid down in a cardinal act. the national defence council may adopt decrees by means of which it may, as provided for by a cardinal act, suspend the application of certain acts, derogate from the provisions of acts and take other extraordinary measures. upon the termination of the state of national crisis, such decrees of the national defence council shall cease to have effect, unless the national assembly extends those decrees. state of emergency article 50 should the use of the police and the national security services prove insufficient, the hungarian defence forces may be used during a state of emergency. during a state of emergency, if the national assembly is prevented from acting, the president of the republic shall decide on the use of the hungarian defence forces under paragraph (1). during a state of emergency, the extraordinary measures laid down in a cardinal act shall be introduced by the president of the republic in decrees. by means of his or her decrees, the president of the republic may, as provided for by a cardinal act, suspend the application of certain acts, derogate from the provisions of acts and take other extraordinary measures. the president of the republic shall forthwith inform the speaker of the national assembly of the extraordinary measures introduced. during a state of emergency, the national assembly or, if it is prevented from acting, the committee of the national assembly dealing with national defence issues shall remain continuously in session. the national assembly or, if it is prevented from acting, the committee of the national assembly dealing with national defence issues may suspend the application of the extraordinary measures introduced by the president of the republic. extraordinary measures introduced by means of decrees shall remain in force for thirty days, unless the national assembly or, if it is prevented from acting, the committee of the national assembly dealing with national defence issues extends them. upon the termination of the state of emergency, such decrees of the president of the republic shall cease to have effect. state of preventive defence article 51 in the event of a danger of external armed attack or in order to meet an obligation arising from an alliance, the national assembly shall declare a state of preventive defence for a fixed period of time, and shall simultaneously authorise the government to introduce extraordinary measures laid down in a cardinal act. the period of the state of preventive defence may be extended. the votes of two-thirds of the members of the national assembly present shall be required for a special legal order referred to in paragraph (1) to be declared or to be extended. after initiating the declaration of a state of preventive defence, the government may, by means of decrees, introduce measures derogating from the acts regulating the operation of public administration, the hungarian defence forces and law enforcement organs, and shall continuously inform the president of the republic and the standing committees of the national assembly having the relevant functions and powers thereof. the measures thus introduced shall remain in force until the decision of the national assembly on the declaration of a state of preventive defence but for no longer than sixty days. during a state of preventive defence, the government may adopt decrees by means of which it may, as provided for by a cardinal act, suspend the application of certain acts, derogate from the provisions of acts and take other extraordinary measures. upon the termination of the state of preventive defence, such decrees of the government shall cease to have effect. terror threat-situation article 51/a parliament on the initiation of the government can proclaim terror threat-situation for a certain period of time in an event of significant and imminent terror threat or in the case of a terrorist attack, and it authorises government to introduce certain extraordinary measures defined in cardinal law. the duration of the terror threat-situation may be extended. a two-thirds vote of the present members of the national assembly is required to introduce and to extend terror threat-situation under paragraph (1). the government after initiating to proclaim terror threat-situation can issue decrees on the introduction of certain measures according to regulations defined by cardinal laws that can deviate from the laws on the public administration, on the hungarian defence forces, on the police, on the national security services. the government informs about these measures the president of the republic and the national assembly standing committees that have relevant responsibilities and powers about the measures taken in the time of terror threat-situation. the measures introduced by the government shall remain in force until parliament decides on the proclamation of terror threat-situation, but only up to fifteen days. the government can issue decrees in a terror threat-situation that according to regulations defined by cardinal laws can suspend the application of certain laws, deviate from certain statutora provisions, and it may take other extraordinary measures. during the terror threat-situation and the duration of the validity of measures introduced under paragraph (3) the hungarian defence forces may be used if the use of the police and national security services are not enough. the government's decree is repealed if the terror threat-situation ceases to exist. unexpected attacks article 52 in the event of any unexpected invasion of the territory of hungary by external armed groups, the government shall be obliged to immediately take action with forces duly prepared and proportionate to the attack to repel the same, to safeguard the territory of hungary with domestic and allied emergency air defence and aviation forces, and to protect law and order, life and property, public order and public safety, according to an armed defence plan approved by the president of the republic as necessary, until it makes a decision on the declaration of a state of emergency or a state of national crisis. the government shall forthwith inform the national assembly and the president of the republic of its action taken under paragraph (1). in the event of any unexpected attack, the government may adopt decrees to suspend the application of particular laws and to deviate from any statutory provision, and may adopt any further extraordinary measure as defined by a cardinal act. upon the termination of the unexpected attack, such decrees of the government shall cease to have effect. state of danger article 53 in the event of a natural disaster or industrial accident endangering life and property, or in order to mitigate the consequences thereof, the government shall declare a state of danger, and may introduce extraordinary measures laid down in a cardinal act. in a state of danger the government may adopt decrees by means of which it may, as provided for by a cardinal act, suspend the application of certain acts, derogate from the provisions of acts and take other extraordinary measures. the decrees of the government referred to in paragraph (2) shall remain in force for fifteen days, unless the government, on the basis of authorisation by the national assembly, extends those decrees. upon the termination of the state of danger, such decrees of the government shall cease to have effect. common rules for special legal orders article 54 under a special legal order, the exercise of fundamental rights with the exception of the fundamental rights provided for in articles ii and iii, and article xxviii(2) to (6) may be suspended or may be restricted beyond the extent specified in article 1(3). under a special legal order, the application of the fundamental law may not be suspended, and the operation of the constitutional court may not be restricted. a special legal order shall be terminated by the organ entitled to introduce the special legal order if the conditions for its declaration no longer exist. the detailed rules to be applied under a special legal order shall be laid down in a cardinal act. closing and miscellaneous provisions the fundamental law of hungary shall enter into force on 1 january 2012. this fundamental law shall be adopted by the national assembly pursuant to sections 19(3)a) and 24(3) of act xx of 1949. the transitional provisions related to the entry into force of the fundamental law are contained in points 8 to 26. the government shall be obliged to submit to the national assembly the legislative proposals required for the implementation of the fundamental law. the decisions of the constitutional court taken prior to the entry into force of the fundamental law are repealed. this provision shall be without prejudice to the legal effects produced by those decisions. the 25th day of april shall be fundamental law day to commemorate the promulgation of the fundamental law. the first general election of local government representatives and mayors after the entry into force of the fundamental law shall take place in october 2014. the entry into force of the fundamental law shall not affect the legal force of legal regulations adopted, normative decisions and normative orders, and other legal instruments of state control issued, specific decisions taken and international legal commitments undertaken before its entry into force. the legal successor of the organ exercising the relevant functions and powers under act xx of 1949 on the constitution of the republic of hungary shall be the organ exercising the relevant functions and powers under the fundamental law. after the entry into force of the fundamental law, the name referring to the republic of hungary may remain in use as a reference to hungary in accordance with the legal regulations in force on 31 december 2011, until the transition to the use of the name under the fundamental law can be achieved in accordance with the principles of responsible management. with the exceptions laid down in points 12 to 18, the entry into force of the fundamental law shall not affect the mandate of the national assembly, the government and the local representative bodies, as well as of persons appointed or elected before the entry into force of the fundamental law. the following provisions of the fundamental law shall also apply to the mandate of the following: articles 3 and 4 to the mandate of the national assembly and members of the national assembly in office; articles 12 and 13 to the mandate of the president of the republic in office; articles 20 and 21 to the mandate of the government in office and the members of the government in office; article 27(3) to the mandate of court secretaries in office; article 33(2) to the mandate of the presidents of the county assemblies; and article 35(3) to (6) to the mandate of the local representative bodies and mayors in office. the calculation of the period referred to in article 4(3)f) of the fundamental law shall start upon the entry into force of the fundamental law. 14 the legal successor of the supreme court, the national council of justice and its president shall be the curia in terms of administering justice, and, with the exception laid down in a cardinal act, the president of the national office for the judiciary in terms of the administration of courts. the mandate of the president of the supreme court and of the president and members of the national council of justice shall terminate upon the entry into force of the fundamental law. 15 with the exception laid down in paragraph (2), the lowest age requirement laid down in article 26(2) of the fundamental law shall apply to judges appointed on the basis of a call for applications announced after the entry into force of the fundamental law. in the case of appointments for which, as laid down in an act, no call for applications is required, the lowest age requirement shall apply to judges appointed after the entry into force of the fundamental law. as of the entry into force of the fundamental law, the designation for the office of the parliamentary commissioner for citizens' rights shall be commissioner for fundamental rights. the legal successor of the parliamentary commissioner for citizens' rights, the parliamentary commissioner for national and ethnic minority rights and the parliamentary commissioner for future generations shall be the commissioner for fundamental rights. as of the entry into force of the fundamental law, the parliamentary commissioner for national and ethnic minority rights in office shall become deputy of the commissioner for fundamental rights responsible for the protection of the rights of nationalities living in hungary; as of the entry into force of the fundamental law, the parliamentary commissioner for future generations in office shall become deputy of the commissioner for fundamental rights responsible for the protection of the interests of future generations; their mandates shall terminate upon the termination of the mandate of the commissioner for fundamental rights. the mandate of the commissioner for data protection shall terminate upon the entry into force of the fundamental law. for the purposes and as of the entry into force of the fundamental law, the designation for the office of the president of the county assembly shall be president of the county representative body. the county representative body pursuant to the fundamental law shall be the legal successor of the county assembly. 19 with the exceptions laid down in paragraphs (2) to (5), the provisions of the fundamental law shall also apply to cases in progress. article 6 of the fundamental law shall apply as of the first sitting of the national assembly to be held following the entry into force of the fundamental law. proceedings instituted upon applications submitted to the constitutional court before the entry into force of the fundamental law by applicants who no longer have the right to submit applications under the fundamental law shall be terminated and if, as of the entry into force of the fundamental law, the proceeding falls within the powers of another organ, the application shall be transferred. in accordance with the conditions laid down in a cardinal act, the applicant may repeatedly submit the application. articles 38(4) and 39(1) of the fundamental law shall apply to contracts and subsidy entitlements existing on 1 january 2012, and to proceedings in progress aimed at concluding contracts or granting subsidies if provided for by an act, and as provided for by that act. the third sentence of section 70/e(3) of act xx of 1949 on the constitution of the republic of hungary in force on 31 december 2011 shall, until 31 december 2012, apply to benefits which qualify as pension benefits under the rules in force on 31 december 2011 with respect to any change in their conditions, nature or amount, to their conversion to other benefits or to their termination. sections 26(6), 28/d, 28/e, and 31(2) and (3) of act xx of 1949 on the constitution of the republic of hungary in force on 31 december 2011 shall apply to cases in progress at the entry into force of the fundamental law also after the entry into force of the fundamental law. the participation of the nationalities living in hungary in the work of the national assembly as referred to in article 2(2) of the fundamental law shall be ensured for the first time in the work of the national assembly formed after the first general election of members of the national assembly after the entry into force of the fundamental law. the entry into force of the fundamental law shall not affect any decision of the national assembly or the government taken before that entry into force and under act xx of 1949 on the constitution of the republic of hungary on the deployment of the hungarian defence forces within hungary or abroad, on the deployment of foreign armed forces in hungary or departing from the territory of hungary as well as on the stationing of the hungarian defence forces abroad and/or of foreign armed forces in hungary. in a declared state of national crisis, the provisions of the fundamental law on the state of national crisis, state of emergency, if it was declared due to armed actions aimed at overthrowing the constitutional order or at exclusively acquiring power, or in the event of serious acts of violence endangering life and property on a massive scale, committed with arms or with objects suitable to be used as arms, the provisions of the fundamental law on the state of emergency, state of emergency, if it was declared due to a natural disaster or industrial accident massively endangering life or property, the provisions of the fundamental law on the state of danger, state of preventive defence, the provisions of the fundamental law on the state of preventive defence, state defined in section 19/e of act xx of 1949 on the constitution of the republic of hungary, the provisions of the fundamental law on unexpected attack, and state of danger, the provisions of the fundamental law on the state of danger shall apply. 24 anyone prohibited from participating in public affairs under a final sentence at the entry into force of the fundamental law shall not have the right to vote and to be voted for while the prohibition is in force. anyone under guardianship restricting or excluding his or her capacity to act under a final judgement at the entry into force of the fundamental law shall not have the right to vote and to be voted for until such guardianship is terminated or until a court establishes the existence of his or the right to vote and to be voted for. 25 section 12(2) of act xx of 1949 on the constitution of the republic of hungary in force on 31 december 2011 shall, until 31 december 2013, apply to the delivery of any local government property to the state or another local government. section 44/b(4) of act xx of 1949 on the constitution of the republic of hungary in force on 31 december 2011 shall apply until 31 december 2012. after 31 december 2011, an act, or a government decree based on authorisation by an act may specify functions and powers of state administration for local government notaries. section 22(1) and (3) to (5) of act xx of 1949 on the constitution of the republic of hungary in force on 31 december 2011 shall apply until the entry into force of the cardinal act referred to in article 5(8) of the fundamental law. the national assembly shall adopt the cardinal act referred to in articles 5(8) and 7(3) of the fundamental law by 30 june 2012. until 31 december 2012, a cardinal act may provide that for the adoption of certain decisions of the national assembly, qualified majority shall be required. the following shall be repealed: act xx of 1949 on the constitution of the republic of hungary, act i of 1972 on the amendment to act xx of 1949 and the consolidated text of the constitution of the people's republic of hungary, act xxxi of 1989 on the amendment to the constitution, act xvi of 1990 on the amendment to the constitution of the republic of hungary, act xxix of 1990 on the amendment to the constitution of the republic of hungary, act xl of 1990 on the amendment to the constitution of the republic of hungary, the amendment to the constitution dated 25 may 2010, the amendment to the constitution dated 5 july 2010, the amendments to the constitution dated 6 july 2010, the amendments to the constitution dated 11 august 2010, act cxiii of 2010 on the amendment to act xx of 1949 on the constitution of the republic of hungary, act cxix of 2010 on the amendment to act xx of 1949 on the constitution of the republic of hungary, act clxiii of 2010 on the amendment to act xx of 1949 on the constitution of the republic of hungary, act lxi of 2011 on the amendment to act xx of 1949 on the constitution of the republic of hungary required for the adoption of certain temporary provisions related to the fundamental law, act cxlvi of 2011 on the amendment to act xx of 1949 on the constitution of the republic of hungary, and act clix of 2011 on the amendment to act xx of 1949 on the constitution of the republic of hungary. preamble whereas the people of dominica— have affirmed that the commonwealth of dominica is founded upon principles that acknowledge the supremacy of god, faith in fundamental human rights and freedoms, the position of the family in a society of free men and free institutions, the dignity of the human person, and the equal and inalienable rights with which all members of the human family are endowed by their creator; respect the principles of social justice and therefore believe that the operation of the economic system should result in so distributing the material resources of the community as to subserve the common good, that there should be adequate means of livelihood for all, that labour should not be exploited or forced by economic necessity to operate in inhumane conditions but that there should be opportunity for advancement on the basis of recognition of merit, ability and integrity; have asserted their belief in a democratic society in which all persons may, to the extent of their capacity, play some part in the institutions of the national life and thus develop and maintain due respect for lawfully-constituted authority; recognise that men and institutions remain free only when freedom is founded upon respect for moral and spiritual values and the rule of law; desire that their constitution should make provision for ensuring the protection in the commonwealth of dominica of fundamental human rights and freedoms; now, therefore, the following provisions shall have effect as the constitution of the commonwealth of dominica: chapter i. protection of fundamental rights and freedoms 1. fundamental rights and freedoms whereas every person in dominica is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his race, place of origins, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely— life, liberty, security of the person and the protection of the law; freedom of conscience, of expression and of assembly and association; and protection for the privacy of his home and other property and from deprivation of property without compensation, the provisions of this chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the rights and freedoms of others or the public interest. 2. protection of right to life a person shall not be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence under the law of dominica of which he has been convicted. a person shall not be regarded as having been deprived of his live in contravention of this section if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable— for the defence of any person from violence or for the defence of property; in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; for the purpose of suppressing a riot, insurrection or mutiny; or in order to prevent the commission by that person of a criminal offence, or if he dies as the result of a lawful act of war. 3. protection of right to personal liberty a person shall not be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say— in consequence of his unfitness to plead to a criminal charge or in execution of the sentence or order of a court, whether established for dominica or some other country, in respect of a criminal offence of which he has been convicted; in execution of the order of the high court or the court of appeal punishing him for contempt of the high court or the court of appeal or of another court or tribunal; in execution of the order of a court made to secure the fulfilment of any obligation imposed on him by law; for the purpose of bringing him before a court in execution of the order of a court; upon a reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law of dominica; under the order of a court or with the consent of his parent or guardian, for his education or welfare during any period ending not later than the date when he attains the age of eighteen years; for the purpose of preventing the spread of an infectious or contagious disease; in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community; for the purpose of preventing his unlawful entry into dominica, or for the purpose of effecting his expulsion, extradition or other lawful removal from dominica or for the purpose of restraining him while he is being conveyed through dominica in the course of his extradition or removal as a convicted prisoner from one country to another; or to such extent as may be necessary in the execution of a lawful order requiring him to remain within a specified area within dominica, or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against him with a view to the making of any such order or relating to such an order after it has been made, or to such extent as may be reasonably justifiable for restraining him during any visit that he is permitted to make to any part of dominica in which, in consequence of any such order, his presence would otherwise be unlawful. any person who is arrested or detained shall be informed as soon as is reasonably practicable and in any case no later than twenty-four hours after such arrest or detention, in a language that he understands, of the reasons for his arrest or detention. any person who is arrested or detained— for the purpose of bringing him before a court in execution of the order of a court; or upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law of dominica, and who is not released, shall be brought before a court without undue delay and in any case not later than seventy-two hours after such arrest or detention. where any person is brought before a court in execution of the order of a court in any proceedings or upon suspicion of his having committed or being about to commit an offence, he shall not be thereafter further held in custody in connection with those proceedings or that offence save upon the order of a court. if any person arrested or detained as mentioned in subsection (3)(b) of this section is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial. any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person or from any other person or authority on whose behalf that other person was acting. for the purposes of subsection (1)(a) of this section a person charged before a court with a criminal offence in respect of whom a special verdict has been returned that he was guilty of the act or omission charged but was insane when he did the act or made the omission shall be regarded as a person who has been convicted of a criminal offence and the detention of a person in consequence of such a verdict shall be regarded as detention in execution of the order of a court. 4. protection from slavery and forced labour no person shall be held in slavery or servitude. no person shall be required to perform forced labour. for the purposes of this section, the expression “forced labour” does not include— any labour required in consequence of the sentence or order of a court; labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained; any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service; any labour required during any period of public emergency or in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation. 5. protection from inhuman treatment no person shall be subjected to torture or to inhuman or degrading punishment or other treatment. 6. protection from deprivation of property no property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except where provision is made by a law applicable to that taking of possession or acquisition for the payment, within a reasonable time, of adequate compensation. every person having an interest in or right over property that is compulsorily taken possession of or whose interest in or right over any property is compulsorily acquired shall have a right of direct access to the high court for— determining the nature and extent of that interest or right; determining whether that taking of possession or acquisition was duly carried out in accordance with a law authorising the taking of possession or acquisition; determining what compensation he is entitled to under the law applicable to that taking of possession or acquisition; obtaining that compensation: provided that if parliament so provides in relation to any matter referred to in paragraph (a) or (c) of this subsection the right of access shall be by way of appeal (exercisable as of right at the instance of the person having the interest in or right over the property) from a tribunal or authority, other than the high court, having jurisdiction under any law to determine that matter. the chief justice may make rules with respect to the practice and procedure of the high court or, subject to such provision as may have been made in that behalf by parliament, with respect to the practice and procedure of any other tribunal or authority in relation to the jurisdiction conferred on the high court by subsection (2) of this section or exercisable by the other tribunal or authority for the purposes of that subsection (including rules with respect to the time within which applications or appeals to the high court or applications to the other tribunal or authority may be brought). no person who is entitled to compensation under this section shall be prevented from remitting, within a reasonable time after he has received any amount of that compensation in the form of a sum of money or, as the case may be, has received any such amount in some other form and has converted any of that amount into a sum of money, the whole of that sum of money (free from any deduction, charge or tax made or levied in respect of its remission) to any country of his choice outside dominica. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (4) of this section to the extent that the law in question authorises— the attachment, by order of a court, of any amount of compensation to which a person is entitled in satisfaction of the judgment of a court or pending the determination of civil proceedings to which he is a party; or the imposition of reasonable restrictions on the manner in which any sum of money is to be remitted. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) of this section— to the extent that the law in question makes provision for the taking of possession or acquisition of any property, interest or right— in satisfaction of any tax, rate or due; by way of penalty for breach of any law or forfeiture in consequence of breach of any law; as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract; in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations; in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or likely to be injurious to the health of human beings, animals or plants; in consequence of any law with respect to the limitation of actions; or for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, for the purposes of the carrying out thereon of work of soil conservation or the conservation of other natural resources or work relating to agricultural development or improvement (being work relating to such development or improvement that the owner or occupier of the land has been required, and has without reasonable excuse refused or failed, to carry out), and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society; or to the extent that the law in question makes provision for the taking of possession or acquisition of any of the following property (including an interest in or right over property), that is to say— enemy property; property of a deceased person, a person of unsound mind or a person who has not attained the age of eighteen years, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein; property of a person adjudged bankrupt or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the bankrupt or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; or property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust. nothing contained in or done under the authority of any law enacted by parliament shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision for the compulsory taking of possession of any property, or the compulsory acquisition of any interest in or right over property, where that property, interest or right is held by a body corporate established by law for public purposes in which no monies have been invested other than monies provided by any legislature established for dominica. in this section— “property” means any land or other thing capable of being owned or held in possession and includes any right relating thereto, whether under a contract, trust or law or otherwise and whether present or future, absolute or conditional; “acquisition”, in relation to an interest in or right over property, means transferring that interest or right to another person or extinguishing or curtailing that interest or right. 7. protection from arbitrary search or entry except with his own consent, a person shall not be subjected to the search of his person or his property or the entry by others on his premises. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision— that is reasonably required in the interest of defence, public safety, public order, public morality, public health, town and country planning, the development and utilisation of mineral resources or the development or utilisation of any property for a purpose beneficial to the community; that is reasonably required for the purpose of protecting the rights or freedoms of other persons; that authorises an officer or agent of the government of dominica, a local government authority or a body corporate established by law for public purposes to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or due or in order to carry out work connected with any property that is lawfully on those premises and that belongs to the government, authority or body corporate, as the case may be; or that authorises, for the purpose of enforcing the judgment or order of a court in any civil proceedings, the search of any person or property by order of a court or entry upon any premises by such order, and except so far as that provision or, as the case may be, anything done under the authority thereof is shown not to be reasonably justifiable in a democratic society. 8. provisions to secure protection of law if any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law. every person who is charged with a criminal offence— shall be presumed to be innocent until he is proved or has pleaded guilty; shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence charged; shall be given adequate time and facilities for the preparation of his defence; shall be permitted to defend himself before the court in person or, at his own expense, by a legal practitioner of his own choice; shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial, and the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence: provided that the trial may take place in his absence in any case in which it is so provided by a law under which he is entitled to adequate notice of the charge and the date, time and place of the trial and to a reasonable opportunity of appearing before the court. when a person is tried for any criminal offence, the accused person or any person authorised by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court. no person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed. a person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall not again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal. a person shall not be tried for a criminal offence if he shows that he has been pardoned for that offence. a person who is tried for a criminal offence shall not be compelled to give evidence at the trial: provided that nothing in this subsection shall prevent the prosecution or the court from commenting on his failure to give evidence on his own behalf or prevent the court from drawing inferences from any such failure. any court or other authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other authority, the case shall be given a fair hearing within a reasonable time. where the existence or extent of any civil right or obligation has been determined in proceedings in any court or before any other authority any party to those proceedings shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be entitled to obtain within a reasonable time after the judgment or other determination a copy of any record of the proceedings made by or on behalf of the court or other authority. except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other authority, including the announcement of the decision of the court or other authority, shall be held in public. nothing in subsection (10) of this section shall prevent the court or other adjudicating authority from excluding from the proceedings persons other than the parties thereto and the legal practitioner representing them to such extent as the court or other authority— may by law be empowered to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory proceedings or in the interests of public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings; or may by law be empowered or required to do in the interests of defence, public safety or public order. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of— subsection (2)(a) of this section to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts; subsection (2)(e) of this section to the extent that the law in question imposes reasonable conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or subsection (5) of this section to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law. in the case of any person who is held in lawful detention the provisions of subsection (1), paragraphs (d) and (e) of subsection (2) and subsection (3) of this section shall not apply in relation to his trial for a criminal offence under the law regulating the discipline of persons held in such detention. in this section “criminal offence” means a criminal offence under the law of dominica. 9. protection of freedom of conscience except with his own consent, a person shall not be hindered in the enjoyment of his freedom of conscience, including freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance. except with his own consent (or, if he is a person under the age of eighteen years, the consent of his guardian) a person attending any place of education, detained in any prison or corrective institution or serving in a naval, military or air force shall not be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion which is not his own. every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education which it maintains; and no such community shall be prevented from providing religious instruction for persons of that community in the course of any education provided by that community whether or not it is in receipt of a government subsidy or other form of financial assistance designed to meet in whole or in part the cost of such course of education. a person shall not be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision which is reasonably required— in the interests of defence, public safety, public order, public morality or public health; for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion without the unsolicited intervention of members of any other religion; or for the purpose of regulating educational institutions in the interests of the persons who receive or may receive instruction in them, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. references in this section to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly. 10. protection of freedom of expression except with his own consent, a person shall not be hindered in the enjoyment of his freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision— that is reasonably required in the interests of defence, public safety, public order, public morality or public health; that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts or regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless broadcasting or television; or that imposes restrictions upon public officers that are reasonably required for the proper performance of their functions, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not be reasonably justifiable in a democratic society. 11. protection of freedom of assembly and association except with his own consent, a person shall not be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his interests. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision— that is reasonably required in the interests of defence, public safety, public order, public morality or public health; that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or that imposes restrictions upon public officers that are reasonably required for the proper performance of their functions, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. 12. protection of freedom of movement a person shall not be deprived of his freedom of movement that is to say, the right to move freely throughout dominica, the right to reside in any part of dominica, the right to enter dominica, the right to leave dominica and immunity from expulsion from dominica. any restriction on a person’s freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this section. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision— for the imposition of restrictions on the movement or residence within dominica of any person or on any person’s right to leave dominica that are reasonably required in the interests of defence, public safety or public order; for the imposition of restrictions on the movement or residence within dominica or on the right to leave dominica of persons generally or any class of persons in the interests of defence, public safety, public order, public morality or public health or, in respect of the right to leave dominica, of securing compliance with any international obligation of the government particulars of which have been laid before the house and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society; for the imposition of restrictions, by order of a court, on the movement or residence within dominica of any person or on any person’s right to leave dominica either in consequence of his having been found guilty of a criminal offence under the law of dominica or for the purpose of ensuring that he appears before a court at a later date for trial of such a criminal offence or for proceedings preliminary to trial or for proceedings relating to his extradition or lawful removal from dominica; for the imposition of restrictions on the freedom of movement of any person who is not a citizen of dominica; for the imposition of restrictions on the acquisition or use by any person of land or other property in dominica; for the imposition of restrictions upon the movement or residence within dominica or on the right to leave dominica of any public officer that are reasonably required for the proper performance of his functions; for the removal of a person from dominica to be tried or punished in some other country for a criminal offence under the law of that other country or to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offence under the law of dominica of which he has been convicted; or for the imposition of restrictions on the right of any person to leave dominica that are reasonably required in order to secure the fulfilment of any obligations imposed on that person by law and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. if any person whose freedom of movement has been restricted by virtue of such a provision as is referred to in subsection (3)(a) of this section so requests at any time during the period of that restriction not earlier than twenty-one days after the order was made or three months after he last made such a request, as the case may be, his case shall be reviewed by an independent and impartial tribunal presided over by a person appointed by the chief justice from among persons who are legal practitioners. on any review by a tribunal in pursuance of subsection (4) of this section of the case of any person whose freedom of movement has been restricted, the tribunal may make recommendations concerning the necessity or expediency of the continuation of that restriction to the authority by whom it was ordered and, unless it is otherwise provided by law, that authority shall be obliged to act in accordance with any such recommendations. 13. protection from discrimination on the grounds of race, etc subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision that is discriminatory either of itself or in its effect. subject to the provisions of subsections (6), (7) and (8) of this section, no person shall be treated in a discriminatory manner by any person or authority. in this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by sex, race, place of origin, political opinions, colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description. subsection (1) of this section shall not apply to any law so far as that law makes provision— for the appropriation of public revenues or other public funds; with respect to persons who are not citizens of dominica; for the application, in the case of persons of any such description as is mentioned in subsection (3) of this section (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters which is the personal law of persons of that description; whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any disability or restriction or may be accorded any privilege or advantage that, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society. nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to sex, race, place of origin, political opinions, color or creed) to be required of any person who is appointed to or to act in any office or employment. subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (4) or subsection (5) of this section. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 7, 9, 10, 11 and 12 of this constitution, being such a restriction as is authorised by section 7(2), section 9(5), section 10(2), section 11(2) or paragraph (a), (b) or (h) of section 12(3), as the case may be. nothing in subsection (2) of this section shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this constitution or any other law. 14. derogations from s.3 or s.13 under emergency powers nothing contained in or done under the authority of a law enacted by parliament shall be held to be inconsistent with or in contravention of section 3 or section 13 of this constitution to the extent that the law authorises the taking during any period of public emergency of measures that are reasonably justifiable for dealing with the situation that exists in dominica during that period. 15. protection of persons detained under emergency laws when a person is detained by virtue of any such law as is referred to in section 14 of this constitution the following provisions shall apply, that is to say— he shall, as soon as reasonably practicable and in any case not more than seven days after the commencement of his detention, be furnished with a statement in writing in a language that he understands specifying in detail the grounds upon which he is detained; not more than fourteen days after the commencement of his detention, a notification shall be published in the official gazette stating that he has been detained and giving particulars of the provision of law under which his detention is authorised; not more than one month after the commencement of his detention and thereafter during his detention at intervals of not more than three months, his case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the chief justice from among persons who are legal practitioners; he shall be afforded reasonable facilities to consult a legal practitioner of his own choice who shall be permitted to make representations to the tribunal appointed for the review of the case of the detained person; and at the hearing of his case by the tribunal appointed for the review of his case he shall be permitted to appear in person or to be represented by a legal practitioner of his own choice. on any review by a tribunal in pursuance of this section of the case of a detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by which it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations. nothing contained in subsection (1)(d) or subsection (1)(e) of this section shall be construed as entitling a person to legal representation at public expense. 16. enforcement of protective provisions if any person alleges that any of the provisions of sections 2 to 15 (inclusive) of this constitution has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the high court for redress. the high court shall have original jurisdiction— to hear and determine any application made by any person in pursuance of subsection (1) of this section; and to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3) of this section, and may make such declarations and orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of sections 2 to 15 (inclusive) of this constitution: provided that the high court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law. if in any proceedings in any court (other than the court of appeal or the high court or a court-martial) any question arises as to the contravention of any of the provisions of sections 2 to 15 (inclusive) of this constitution, the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question to the high court unless, in his opinion, the raising of the question is merely frivolous or vexatious. where any question is referred to the high court in pursuance of subsection (3) of this section, the high court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal to the court of appeal or to the caribbean court of justice, in accordance with the decision of the court of appeal or, as the case may be, of the caribbean court of justice. the high court shall have such powers in addition to those conferred by this section as may be conferred upon it by parliament for the purpose of enabling it more effectively to exercise the jurisdiction conferred upon it by this section. the chief justice may make rules with respect to the practice and procedure of the high court in relation to the jurisdiction and powers conferred on it by or under this section (including rules with respect to the time within which applications may be brought and references shall be made to the high court). 17. interpretation and savings in this chapter, unless the context otherwise requires— “contravention”, in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly; “court” means any court of law having jurisdiction in dominica other than a court established by a disciplinary law, and includes the caribbean court of justice and in sections 2 and 4 of this constitution a court established by a disciplinary law; “disciplinary law” means a law regulating the discipline of any disciplined force; “disciplined force” means— a naval, military or air force; the police force; a prison service; or any such other force or service as may be prescribed by parliament. “legal practitioner” means a person entitled to be in or to enter dominica and entitled to practise as a barrister in dominica or, except in relation to proceedings before a court in which a solicitor has no right of audience, entitled to practise as a solicitor in dominica; “member”, in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline. in this chapter “period of public emergency” means any period during which— dominica is engaged in any war; or there is in force a proclamation by the president declaring that a state of public emergency exists; or there is in force a resolution of the house supported by the votes of not less than twothirds of all the members of the house declaring that democratic institutions in dominica are threatened by subversion. a proclamation made by the president shall not be effective for the purposes of subsection (2) of this section unless it is declared therein that the president is satisfied— that a public emergency has arisen as a result of the imminence of a state of war between dominica and a foreign state or as a result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence, outbreak of infectious disease or other calamity whether similar to the foregoing or not; or that action has been taken or is immediately threatened by any person of such a nature and on so extensive a scale as to be likely to endanger the public safety or to deprive the community, or any substantial portion of the community, of supplies or services essential to life. a proclamation made by the president for the purposes of this section— shall, unless previously revoked, remain in force for twenty-one days or for such longer period, not exceeding six months, as the house may determine by a resolution supported by the votes of a majority of all the members of the house; may be extended from time to time by a resolution of the house passed in like manner as is prescribed in paragraph (a) of this subsection for further periods, not exceeding in respect of each such extension a period of six months; and may be revoked at any time by a resolution supported by the votes of a majority of all the members of the house. a resolution passed by the house for the purposes of subsection (2) of this section may be revoked at any time by a resolution of the house supported by the votes of a majority of all the members thereof. in relation to any person who is a member of a disciplined force of dominica, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this chapter other than sections 2, 4 and 5 of this constitution. in relation to any person who is a member of a disciplined force of a country other than dominica that is lawfully present in dominica, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this chapter. chapter ii. the president 18. establishment of office there shall be a president of dominica who shall be elected by the house and shall hold office for a term of five years. the president shall have such functions as are prescribed by this constitution and such additional functions (if any) as may be prescribed by parliament: provided that no such additional functions shall be conferred upon him without his consent signified by writing under his hand addressed to the speaker. 19. election whenever the office of president is vacant or the term of office of the president is due to expire within not more than ninety days, the prime minister shall consult with the leader of the opposition as to their joint nomination of a suitable candidate for election as president. if the prime minister and the leader of the opposition submit to the speaker by writing under their hands a joint nomination of a candidate for election as president to which that candidate has consented, the speaker shall inform the house of the nomination, and declare that candidate to have been duly elected without putting the question to the vote. if the prime minister is unable to agree with the leader of the opposition as to their joint nomination of a candidate for election as president, he shall notify the speaker to that effect and the speaker shall inform the house accordingly. the prime minister or the leader of the opposition or any three members of the house may, during the period expiring fourteen days after the day on which the house has been so informed, submit to the speaker by writing under their hands nominations of candidates for election as president and the speaker shall at the first meeting of the house after the expiration of that period and before the house proceeds to any other business inform the house of the nominations he has received and to which the candidates concerned have consented. an election of the president at which the candidates shall be those of whose nomination the house has been informed by the speaker, shall thereafter be held at the meeting of the house referred to in subsection (4) of this section (or if proceedings under section 22 of this constitution are pending before the court of appeal, at a meeting of the house held as soon as is practicable after those proceedings) and the speaker shall declare the candidate who has at that election received the votes of a majority of all the members of the house to have been duly elected: provided that when the question of the election of the president is put to the vote, the votes shall be given by ballot in such manner as not to disclose how any particular member of the house votes. where the only candidate for election under subsection (5) of this section does not receive the votes of a majority of all the members of the house, the speaker shall inform the house accordingly and a new election shall be held to which the provisions of subsections (4) and (5) of this section shall, mutatis mutandis, apply. where a person consents to be nominated for election as president he shall do so by writing under his hand addressed to the speaker. a person who has been declared to have been duly elected as president under this section shall assume office as such on the day after the day on which his predecessor vacates the office of president or, if that office is already vacant, he shall assume office on the day after the day on which he was declared to have been duly elected. 20. qualifications for office nomination a person shall be qualified to be nominated for election as president if, and shall not be so qualified unless, he is a citizen of dominica of the age of forty years or upwards who at the date of his nomination has been resident in dominica for five years immediately preceding his nomination. for the purposes of subsection (1) of this section a person shall be deemed to reside in dominica if he holds an office in the service of the government, or is employed with any intergovernmental organisation or institution of the commonwealth caribbean or any international organisation or institution of which dominica is a member and lives outside dominica because he is required to do so for the proper discharge of his functions. parliament may, by resolution supported by the votes of not less than three-fourths of all the elected members of the house waive the residence qualification laid down in subsection (1) of this section with respect to any particular person to be proposed for nomination. 21. disqualifications for election and holding office a person shall not be qualified to be elected as president if— he has already held the office of president for two terms; or he is disqualified to be elected or appointed as a representative or senator by virtue of subsection (1)(a), (b), (c), (d), (e) or (f) of section 32 of this constitution or by virtue of any law enacted in pursuance of subsection (2), (3) or (5) of that section. a person shall not be qualified to hold the office of president if he holds any other office of emolument whether in the public service or otherwise or if he is engaged in any other occupation for reward. 22. determination of questions as to qualifications the court of appeal shall have jurisdiction to hear and determine any question whether any person is qualified to be nominated for election, or elected, as president. an application to the court of appeal for the determination of any question under this section may be made by the attorney general or by any other member of the house and, if it is made by a member other than the attorney general, the attorney general may intervene and may then appear or be represented in the proceedings. the powers, practice and procedure of the court of appeal in respect of any application for the determination of any question under this section, including (without prejudice to the generality of the foregoing) the time in which and the conditions upon which an application may be made, shall be regulated by such provision as may be made by parliament. no appeal shall lie from any decision of the court of appeal under this section. a certificate under the hand of the speaker stating that a person was declared to have been duly elected under section 19 of this constitution shall be conclusive evidence of the fact so stated and shall not be questioned in any court of law. in the exercise of his functions under this section, the attorney general shall not be subject to the direction or control of any other person or authority. 23. tenure of office subject to the provisions of this section and of section 25 of this constitution, the president shall vacate his office at the expiration of a term of five years from the date on which he was declared to have been duly elected. where a person is elected to fill a vacancy in the office of president occurring before the expiration of the term of office of his predecessor he shall hold office only for the unexpired portion of that term. parliament may extend the term of office of the president under subsection (1) or (2) of this section for a period not exceeding six months, in order to avoid the holding of an election to the office of president during a period while parliament is dissolved or at a time within one month before the beginning or one month after the end of such a period. 24. removal from office the president may be removed from office under section 25 of this constitution where— he wilfully violates any provision of the constitution; he behaves in such a way as to bring his office into hatred, ridicule or contempt; he behaves in a way that endangers the security of dominica; because of physical or mental incapacity, he is unable to perform the functions of his office; any circumstances arise that, if he were not president, would cause him to be disqualified to be elected as such by virtue of subsection (1)(b) of section 21 of this constitution; or he is appointed to any such office, or engages in any such occupation, as is referred to in subsection (2) of that section. 25. procedure for removal from office the office of the president shall become vacant if— the house (acting upon a motion signed by not less than one-third of all the members of the house) by resolution supported by the votes of not less than two-thirds of all the members of the house proposes the removal of the president from office on grounds of complaint specified with full particulars in the resolution; a tribunal consisting of the chief justice and two other judges of the supreme court appointed by the chief justice, being as far as practicable the most senior judges, investigates the complaint and makes a report on the facts thereof to the house; and the house, after considering the report, by resolution supported by the votes of not less than two-thirds of all the members of the house declares that the president shall be removed from office. parliament may make provision with respect to the powers, practice and procedure of tribunals established for the purpose of subsection 1(b) of this section and, subject as aforesaid, any such tribunal may by regulation or otherwise regulate its own procedure. where a resolution is passed in accordance with subsection (1)(a) of this section, the president shall forthwith cease to perform the functions of his office; but he may resume the performance of those functions if, after the house has considered a report made to it under subsection (1)(b) of this section, no such resolution as is referred to in subsection (1)(c) of this section is passed. 26. oath a person elected to hold the office of president or designated or elected to act as president shall before entering upon the duties of the office of president take and subscribe the oath of office, such oath being administered by the chief justice or such other judge of the supreme court as may be designated by the chief justice. 27. protection in respect of legal proceedings whilst any person holds office or is acting as president no criminal proceedings shall be instituted or continued against him in respect of anything done or omitted to be done by him either in his official capacity or in his private capacity and no civil proceedings shall be instituted or continued in respect of which relief is claimed against him in respect of anything done or omitted to be done in his private capacity. where provision is made by law limiting the time within which proceedings of any description may be brought against any person, the period during which any person has held office or acted as president shall not be taken into account in calculating any period of time described by that law which determines whether any such proceedings as are mentioned in subsection (1) of this section may be brought against that person. 28. acting president whenever the holder of the office of president is unable to perform the functions of his office by reason of his absence from dominica, by reason of illness or by reason that he is suspended from the exercise of those functions under section 25(3) of this constitution, those functions shall be performed— by such person as may with his consent have been designated in that behalf by the holder of the office of president, acting after consultation with the prime minister and the leader of the opposition, by writing under his hand; or if there is no person so designated or if the person so designated is unable to act, by such person as may have been elected in that behalf by the house in accordance with the like procedure as is prescribed by section 19 of this constitution for the election of the president. a person shall not be qualified to act as president unless he is qualified to be elected as, and to held the office of, president: provided that the speaker or the deputy may act as president, in which case he shall cease to perform the functions of his office during any period during which he is so acting. a person acting as president under this section shall cease to act when he is notified— that another person has been designated or elected to act; or that the holder of the office of president is about to resume the performance of the functions of his office. chapter iii. parliament part i. establishment of parliament 29. composition there shall be a parliament of dominica which shall consist of the president and a house of assembly. 30. composition of house of assembly the house shall consist of— such number of representatives as corresponds with the number of constituencies for the time being established in accordance with the provisions of section 57 of this constitution, who shall be elected in accordance with the provisions of section 33 of this constitution; nine senators appointed or elected in accordance with the provisions of section 34 of this constitution. if a person who is not a member of the house is elected to be speaker he shall, by virtue of holding the office of speaker, be a member of the house. at any time when the office of attorney general is a public office, the attorney general shall, by virtue of holding or acting in that office, be a member of the house. 31. qualifications for representatives and senators subject to the provisions of section 32 of this constitution a person shall be qualified to be elected as a representative if, and shall not be so qualified unless, he— is a citizen of dominica of the age of twenty-one years or upwards; has resided in dominica for a period of twelve months immediately before the date of his nomination for election or is domiciled and resident in dominica at that date; and is able to speak and, unless incapacitated by blindness or other physical cause, to read the english language with a degree of proficiency sufficient to enable him to take an active part in the proceedings of the house. subject to the provisions of section 32 of this constitution, a person shall be qualified to be elected or appointed as a senator if, and shall not be so qualified unless, he— is a commonwealth citizen of the age of twenty-one years or upwards; is domiciled and resident in dominica at the date of his appointment or nomination for election; and is able to speak and, unless incapacitated by blindness or other physical cause, to read the english language with a degree of proficiency sufficient to enable him to take an active part in the proceedings of the house. 32. disqualifications for representatives and senators a person shall not be qualified to be elected or appointed as a representative or senator (hereinafter in this section referred to as a member) if he— is by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state; is a minister of religion; is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in dominica; is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in dominica; is under sentence of death imposed on him by a court of law in any part of the commonwealth or is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended; subject to such exceptions and limitations as may be prescribed by parliament, has an interest in any government contract and has not, within seven days of his nomination as a candidate for election or, as the case may be, at least seven days before the date of his prospective appointment, disclosed the nature of the contract and of his interest therein by means of a notice published in the official gazette and in a daily or weekly newspaper circulating in dominica; or holds or is acting in the office of president. if it is so provided by parliament, a person shall not be qualified to be elected or appointed as a member if he holds or is acting in any office that is specified by parliament and the functions of which involve responsibility for, or in connection with, the conduct of any election of members or the compilation of any register of votes for the purpose of electing representatives. if it is so provided by parliament, a person who is convicted by any court of law of any offence that is prescribed by parliament and that is connected with the election of members or who is reported guilty of such an offence by the court trying an election petition shall not be qualified, for such period (not exceeding seven years) following his conviction or, as the case may be, following the report of the court as may be so prescribed, to be elected or appointed as a member. a person shall not be qualified to be elected as a representative if he is a senator or is nominated for election as a senator; and a person shall not be qualified to be appointed or elected as a senator if he is a representative or is nominated for election as a representative. if it is so provided by parliament and subject to such exceptions and limitations (if any) as parliament may prescribe, a person shall not be qualified to be elected or appointed as a member if— he holds or is acting in any office or appointment (whether specified individually or by reference to a class of office or appointment); he belongs to any of the armed forces of dominica or to any class of person that is comprised in any such force; or he belongs to any police force or to any class of person that is comprised in any such force. in subsection (1) of this section— “government contract” means any contract made with the government or with a department of the government or with an officer of the government contracting as such; “minister of religion” means any person in holy orders and any other person the functions of whose principal occupation include teaching or preaching in any congregation for religious worship. for the purposes of paragraph (e) of subsection (1) of this section— two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds twelve months, but if any one of such sentences exceeds that term they shall be regarded as one sentence; and no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine. 33. election of representatives each of the constituencies established in accordance with the provisions of section 57 of this constitution shall return one representative to the house who shall be directly elected in such manner as may, subject to the provisions of this constitution, be prescribed by or under any law. 2 every commonwealth citizen of the age of eighteen years or upwards who possesses such qualifications relating to residence or domicile in dominica as parliament may prescribe shall, unless he is disqualified by parliament from registration as a voter for the purpose of electing representatives, be entitled to be registered as such a voter in accordance with the provisions of any law in that behalf, and no other person may be so registered. every person who is registered as aforesaid in any constituency shall, unless he is disqualified by parliament from voting in that constituency in any election of representatives, be entitled so to vote, in accordance with the provisions of any law in that behalf, and no other person may so vote. in any election of representatives the votes shall be given by ballot in such manner as not to disclose how any particular person votes. 34. appointment or election of senators of the senators— five shall be appointed by the president, acting in accordance with the advice of the prime minister; and four shall be appointed by the president, acting in accordance with the advice of the leader of the opposition: provided that, if it is so prescribed by parliament the senators shall, instead of being appointed under the foregoing provisions of this section, be elected, in accordance with such provision as may be made by parliament in that behalf. where parliament makes provision for voting for the purpose of electing senators, the persons entitled to vote shall be the persons entitled to vote for the purpose of electing representatives and no other persons and the votes shall be given by ballot in such manner as not to disclose how any particular person votes. 35. tenure of office of representatives and senators a representative or a senator (hereinafter in this section referred to as a member) shall vacate his seat in the house at the next dissolution of parliament after his election or appointment. a senator appointed in accordance with the provisions of paragraph (a) of section 34 of this constitution shall vacate his seat in the house if his appointment is revoked by the president, acting in accordance with the advice of the prime minister, and a senator appointed in accordance with the provisions of paragraph (b) of that section shall vacate his seat in the house if his appointment is revoked by the president, acting in accordance with the advice of the leader of the opposition. a member shall also vacate his seat in the house— if he is absent from the sittings of the house for such period and in such circumstances as may be prescribed in the rules of procedure of the house; in the case of a representative, if he ceases to be a citizen of dominica or, in the case of a senator, if he ceases to be a commonwealth citizen; subject to the provisions of subsection (4) of this section, if any other circumstances arise that, if he were not a member, would cause him to be disqualified to be elected or appointed as such by virtue of subsection (1) of section 32 of this constitution or by virtue of any law enacted in pursuance of subsection (2), (3) or (5) of that section; if he is elected to be president; or if (not being the speaker or the deputy speaker) he is elected to act as president. 4 if any circumstances such as are referred to in paragraph (c) of subsection (3) of this section arise because any member is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of an offence relating to elections and if it is open to the member to appeal against the decision (either with the leave of a count of law or other authority or without such leave), he shall forthwith cease to perform his functions as a member but, subject to the provisions of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafter: provided that the speaker may, at the request of the member, from time to time extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the house. if, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the member, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the member to appeal, he shall forthwith vacate his seat. if at any time before the member vacates his seat such circumstances aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (a) of this subsection and he may resume the performance of his functions as a member. 36. speaker when the house first meets after any general election of representatives and before it proceeds to the despatch of any other business, it shall elect a person to be the speaker of the house; and if the office of speaker falls vacant at any time before the next dissolution of parliament, the house shall, as soon as practicable, elect another person to that office. the speaker may be elected either from among the members of the house who are not members of the cabinet or parliamentary secretaries or from among persons who are not members of the house: provided that a person who is not a member of the house shall not be elected as speaker if— he is not a commonwealth citizen; or he is a person disqualified to be elected or appointed as a representative or senator by virtue of subsection (1) of section 32 of this constitution or by virtue of any law enacted in pursuance of subsection (2), (3) or (5) of that section. no business shall be transacted in the house (other than the election of a speaker) at any time when the office of speaker is vacant. a person shall vacate the office of speaker— in the case of a speaker who was elected from among the members of the house— if he ceases to be a member of the house: provided that the speaker shall not vacate his office by reason only that he has ceased to be a member of the house on a dissolution of parliament, until the house first meets after the dissolution; or if he becomes a member of the cabinet or a parliamentary secretary; in the case of a speaker who was elected from among persons who were not members of the house— when the house first meets after any dissolution of parliament; if he ceases to be a commonwealth citizen; if any circumstances arise that would cause him to be disqualified to be elected or appointed as a representative or senator by virtue of subsection (1) of section 32 of this constitution or by virtue of any law enacted in pursuance of subsection (2), (3) or (5) of that section; or if he is elected to be president. if, by virtue of section 35(4) of this constitution, the speaker (being a representative or a senator) is required to cease to perform his functions as a member of the house he shall also cease to perform his functions as speaker; and if the speaker resumes the performance of his functions as a member of the house, in accordance with the provisions of that section, he shall also resume the performance of his functions as speaker. at any time when, by virtue of section 28(2) or section 35(4) of this constitution, the speaker is unable to perform the functions of his office, those functions shall, until he vacates his seat in the house or resumes the performance of the functions of his office, be performed by the deputy speaker or, if the office of deputy speaker is vacant or the deputy speaker is required to cease to perform his functions as a member of the house by virtue of section 28(2) or 35(4) of this constitution, by such member of the house (not being a member of the cabinet or a parliamentary secretary) as the house may elect for the purpose. 37. deputy speaker when the house first meets after any general election of representatives and before it proceeds to the despatch of any other business except the election of the speaker, the house shall elect a member of the house, who is not a member of the cabinet or a parliamentary secretary, to be deputy speaker of the house, and if the office of deputy speaker falls vacant at any time before the next dissolution of parliament, the house shall, as soon as convenient, elect another member of the house to that office. a person shall vacate the office of deputy speaker— if he ceases to be a member of the house; if he becomes a member of the cabinet or a parliamentary secretary; or if he is elected to be speaker. if, by virtue of section 35(4) of this constitution, the deputy speaker is required to cease to perform his functions as a member of the house he shall also cease to perform his functions as deputy speaker and if the deputy speaker resumes the performance of his functions as a member of the house, in accordance with the provisions of that section, he shall also resume the performance of his functions as deputy speaker. at any time when, by virtue of section 28(2) or section 35(4) of this constitution, the deputy speaker is unable to perform the functions of his office, those functions shall, until he vacates his seat in the house or resumes the performance of the functions of his office, be performed by such member of the house (not being a member of the cabinet or a parliamentary secretary) as the house may elect for the purpose. 38. responsibility for elections the electoral commission shall be responsible for the registration of voters for the purpose of electing representatives and for the conduct of elections of representatives and senators and shall have such powers and other functions relating to such registration and elections as may be prescribed by law. in the discharge of its functions the electoral commission shall be assisted by a chief elections officer, whose office shall be a public office, and the commission may give such directions as it considers necessary or expedient to the officer, who shall comply with such directions or cause them to be complied with. for the purposes of the exercise of his functions under subsection (2) of this section, the chief elections officer may give such directions as he considers necessary or expedient to any registering officer, presiding officer or returning officer relating to the exercise by that officer of his functions under any law regulating the registration of voters or the conduct of elections, and any officer to whom directions are given under this subsection shall comply with those directions. the electoral commission may make such reports to the president concerning the matters for which it is responsible under this section, or any draft bill or instrument that is referred to it under section 51 of this constitution, as it may think fit and if the commission so requests in any such report other than a report on a draft bill or instrument that report shall be laid before the house. without prejudice to the provisions of subsection (2) of this section, in the exercise of his functions under this section the chief elections officer shall not be subject to the direction or control of any other person or authority. the question whether the chief elections officer has acted in accordance with the directions of the electoral commission shall not be enquired into in any court of law. 39. clerk of house and his staff there shall be a clerk of the house. the office of the clerk of the house and the offices of the members of his staff shall be public offices. 40. determination of questions of membership the high court shall have jurisdiction to hear and determine any question whether— any person has been validly elected as a representative or senator; any person has been validly appointed as a senator; any person who has been elected as speaker from among persons who were not members of the house was qualified to be so elected or has vacated the office of speaker; or any member of the house has vacated his seat or is required, under the provisions of section 35(4) of this constitution, to cease to perform any of his functions as a member of the house. an application to the high court for the determination of any question under subsection (1)(a) of this section may be made by any person entitled to vote in the election to which the application relates or by any person who was a candidate at that election or by the attorney general and, if it is made by a person other than the attorney general, the attorney general may intervene and may then appear or be represented in the proceedings. an application to the high court for the determination of any question under subsection (1)(b) or (1)(c) of this section may be made by any elected member of the house or by the attorney general and, if it is made by a person other than the attorney general, the attorney general may intervene and may then appear or be represented in the proceedings. an application to the high court for the determination of any question under subsection (1)(d) of this section may be made— by any elected member of the house or by the attorney general; or in the case of the seat of an elected member of the house, by any person registered in some constituency as a voter for the purpose of selecting representatives, and, if it is made by a person other than the attorney general, the attorney general may intervene and may then appear or be represented in the proceedings. the circumstances and matter in which and the imposition of conditions upon which any application may be made to the high court for the determination of any question under this section and the powers, practice and procedure of the high court in relation to any such application shall be regulated by such provision as may be made by parliament. an appeal shall lie as of right to the court of appeal from any final decision of the high court determining such a question as is referred to in subsection (1) of this section. no appeal shall lie from any decision of the court of appeal in exercise of the jurisdiction conferred by subsection (6) of this section and no appeal shall lie from any decision of the high court in proceedings under this section other than a final decision determining such a question as is referred to in subsection (1) of this section. in the exercise of his functions under this section, the attorney general shall not be subject to the direction or control of any other person or authority. part ii. legislation and procedure of parliament 41. power to make laws subject to the provisions of this constitution, parliament may make laws for the peace, order and good government of dominica. 42. alteration of constitution and supreme court order parliament may alter any of the provisions of this constitution or of the supreme court order in the manner specified in the following provisions of this section. a bill to alter this section, schedule 1 to this constitution or any of the provisions of this constitution specified in part i of that schedule or any of the provisions of the supreme court order specified in part ii of that schedule shall not be regarded as being passed by the house unless on its final reading in the house the bill is supported by the votes of not less than three-quarters of all the elected members of the house; and a bill to alter any of the provisions of this constitution or, as the case may be, of the supreme court order not so specified shall not be regarded as being passed by the house unless on its final reading in the house the bill is supported by the votes of not less than two-thirds of all the elected members of the house. a bill to alter any of the provisions of this constitution or the supreme court order shall not be submitted to the president for his assent— unless there has been an interval of not less than ninety days between the introduction of the bill in the house and the beginning of the proceedings in the house on the second reading of the bill; and if the bill provides for the alteration of this section, schedule 1 to this constitution or any of the provisions of this constitution or the supreme court order specified in that schedule, unless after it has been passed by the house the bill has been approved on a referendum, held in accordance with such provision as may be made in that behalf by parliament, by a majority of the votes cast on that referendum. the provisions of paragraph (b) of subsection (3) of this section shall not apply in relation to any bill to alter— section 106 of the constitution in order to give effect to any international agreement to which dominica is a party concerning appeals from any court having jurisdiction in dominica to the caribbean court of justice; any of the provisions of the supreme court order in order to give effect to any international agreement to which dominica is a party relating to the supreme court or any other court (or any officer or authority having functions in respect of any such court) constituted in common for dominica and for other countries also parties to the agreement. every person who, at the time when the referendum is held, would be entitled to vote for the purpose of electing representatives shall be entitled to vote on a referendum held for the purposes of this section in accordance with such procedures as may be prescribed by parliament for the purposes of the referendum and no other person shall be entitled so to vote. in any referendum for the purposes of this section the votes shall be given by ballot in such manner as not to disclose how any particular person votes. the conduct of any referendum for the purposes of this section shall be the responsibility of the electoral commission and the provisions of sections 38 and 51 of this constitution shall apply in relation to the referendum and legislation relating thereto as they apply in relation to the exercise of their functions with respect to elections of representatives and legislation relating thereto. 8 a bill to alter any of the provisions of this constitution or the supreme court order shall not be submitted to the president for his assent unless it is accompanied by a certificate under the hand of the speaker that the provisions of subsections (2) and (3) of this section have been complied with. the certificate of the speaker under this subsection shall be conclusive that the provisions of subsections (2) and (3) of this section have been complied with and shall not be enquired into in any court of law. in this subsection references to the speaker shall, if the person holding the office of speaker is for any reason unable to perform the functions of his office and no other person is performing them, include references to the deputy speaker. in this section and schedule 1 to this constitution references to any of the provisions of this constitution or the supreme court order include references to any law that alters that provision. 43. freedom of speech without prejudice to any provision made by parliament relating to the powers, privileges and immunities of the house and its committees, or the privileges and immunities of the members and officers of the house and of other persons concerned in the business of the house or its committees, no civil or criminal proceedings may be instituted against any member of the house for words spoken before, or written in a report to, the house or a committee thereof or by reason of any matter or thing brought by him therein by petition, bill, resolution, motion or otherwise. 44. oath by members every member of the house shall, before taking his seat in the house, take and subscribe before the house the oath of allegiance but a member may before taking that oath take part in the election of the speaker. any person elected to the office of speaker shall, if he has not already taken and subscribed the oath of allegiance under subsection (1) of this section, take and subscribe that oath before the house before entering upon the duties of his office. 45. presiding there shall preside at any sitting of the house— the speaker; in the absence of the speaker, the deputy speaker; or in the absence of the speaker and the deputy speaker, such member of the house (not being a member of the cabinet or a parliamentary secretary) as the house may elect for that purpose. 46. voting save as otherwise provided in sections 17(2), 17(4), 19(5), 25(1) and 42(2) of this constitution, any question proposed for decision in the house shall be determined by a majority of the votes of the members present and voting: provided that questions of no confidence in the government shall be determined by a majority of the votes of all the elected members of the house. a question shall not be regarded as having been validly determined by a vote in the house unless at least twelve members, or such greater number of members as parliament may prescribe, take part in the voting. the references to all the members of the house in sections 17(2), 127(4), 19(5) and 25(1) of this constitution shall not include the speaker if he was elected from among persons who were not members of the house. a speaker who was elected from among the members of the house or other member presiding in the house shall not vote unless on any question the votes are equally divided, in which case he shall have and exercise a casting vote: provided that in the case of the question of the final reading of such a bill as is referred to in section 42(2) of this constitution he shall, if he is an elected member of the house, have an original vote but no casting vote. a speaker who was elected from among persons who were not members of the house shall have neither an original nor a casting vote. if, upon any question before the house, the votes of the members are equally divided and no casting vote may be exercised, the motion shall be lost. 47. effect of vacancies, etc the house may act notwithstanding any vacancy in its membership (including any vacancy not filled when the house first meets after any general election of representatives or senators) and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the house shall not invalidate those proceedings. 48. penalty for sitting if unqualified any person who sits or votes in the house knowing or having reasonable grounds for knowing that he is not entitled to do so shall be guilty of an offence and liable to a fine not exceeding one hundred dollars, or such other sum as may be prescribed by parliament, for each day on which he so sits or votes in the house. any prosecution for an offence under this section shall be instituted in the high court and shall not be so instituted except by the director of public prosecutions. 49. mode of exercise of legislative power the power of parliament to make laws shall be exercised by bills passed by the house and assented to by the president. when a bill is submitted to the president for assent in accordance with the provisions of this constitution he shall signify that he assents. when the president assents to a bill that has been submitted to him in accordance with the provisions of this constitution the bill shall become law and the president shall thereupon cause it to be published in the official gazette as law. no law made by parliament shall come into operation until it has been published in the official gazette but parliament may postpone the coming into operation of any such law and may make laws with retrospective effect. 50. restrictions with regard to certain financial measures except on the recommendation of the president signified by a minister, the house shall not— proceed upon any bill (including any amendment to a bill) that, in the opinion of the person presiding, makes provision for any of the following purposes: for the imposition of taxation or the alteration of taxation otherwise than by reduction; for the imposition of any charge upon the consolidated fund or any other public fund of dominica or the alteration of any such charge otherwise than by reduction; for the payment, issue or withdrawal from the consolidated fund or any other public fund of dominica of any monies not charged thereon or any increase in the amount of such payment, issue or withdrawal; or for the composition or remission of any debt due to the government; or proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, would be to make provision for any of those purposes. 51. scrutiny of electoral legislation every proposed bill and every proposed regulation or other instrument having the force of law relating to the registration of electors for the purpose of electing representatives or to the election of representatives and senators shall be referred to the electoral commission and to the chief elections officer at such time as shall give them sufficient opportunity to make comments thereon before the bill is introduced in the house or, as the case may be, the regulation or other instrument is made. 52. regulation of procedure in house subject to the provisions of this constitution, the house may regulate its own procedure and may in particular make rules for the orderly conduct of its own proceedings. part iii. summoning, prorogation and dissolution 53. sessions each session of parliament shall be held at such place within dominica and shall commence at such time as the president may by proclamation appoint. there shall be a session of parliament once at least in every year, so that a period of six months shall not intervene between the last sitting of the house in one session and the first sitting thereof in the next session. 54. prorogation and dissolution the president may at any time prorogue or dissolve parliament. subject to the provisions of subsection (3) of this section parliament, unless sooner dissolved, shall continue for five years from the date of the first sitting of the house after any dissolution and shall then stand dissolved. at any time when dominica is at war, parliament may extend the period of five years specified in subsection (2) of this section for not more than twelve months at a time: provided that the life of parliament shall not be extended under this subsection for more than five years. in the exercise of his powers to dissolve parliament, the president shall act in accordance with the advice of the prime minister: provided that if the office of the prime minister is vacant and the president, acting in his own deliberate judgment, considers that there is no prospect of his being able within a reasonable time to appoint to that office a person who can command the support of the majority of the elected members of the house, the president shall dissolve parliament. if, after a dissolution of parliament and before the holding of the general election of representatives, the prime minister advises the president that, owing to the existence of a state of war or of a state of emergency in dominica, it is necessary to recall parliament, the president shall summon the parliament that has been dissolved to meet, but, unless the life of parliament is extended under the provisions of subsection (3) of this section, the general election of representatives shall proceed and the parliament that has been recalled shall, if not sooner dissolved, again stand dissolved on the date appointed for the nomination of candidates in that general election. 55. holding of elections a general election of representatives or, where provision has been made by parliament for the election of the senators, a general election of senators shall be held at such time within three months after any dissolution of parliament as the president may appoint for that election. as soon as practicable after the holding of any general election of representatives the president shall, unless provision has been made by parliament for their election, proceed to the appointment of the senators in accordance with the provisions of section 34 of this constitution. where the seat of a representative or senator falls vacant otherwise than by reason of a dissolution of the house— if the vacant seat is that of a representative, a by-election shall be held; if the vacant seat is that of a senator who has been appointed, an appointment shall be made; or if the vacant seat is that of a senator who has been elected, such electoral proceedings as may be prescribed shall be taken, to fill the vacancy within three months of the occurrence of the vacancy unless the house is sooner dissolved. part iv. constituency boundaries and electoral commissions 56. constituency boundaries commission and electoral commission there shall be a constituency boundaries commission and an electoral commission for dominica (each of which is hereinafter in this section referred to as a commission). the constituency boundaries commission shall consist of— the speaker, as chairman; two members appointed by the president, acting in accordance with the advice of the prime minister; and two members appointed by the president, acting in accordance with the advice of the leader of the opposition. the electoral commission shall consist of— a chairman appointed by the president, acting in his own deliberate judgment; two members appointed by the president, acting in accordance with the advice of the prime minister; and two members appointed by the president, acting in accordance with the advice of the leader of the opposition: provided that for the purposes of paragraph (b) or (c) of this subsection (and without prejudice to the provisions of section 63(2) of this constitution), the president shall act in his own deliberate judgment and without the advice of the prime minister or, as the case may be, the advice of the leader of the opposition, if, having requested that advice, he does not receive it within thirty days. a person shall not be qualified to be appointed as a member of a commission if he is a member of the house or a public officer nor, in the case of the chairman of the electoral commission, unless he holds one of the specified qualifications and has held one or other of those qualifications for a total period of not less than seven years. subject to the provisions of this section, a member of a commission who has been appointed shall vacate his office— when the house first meets after the next dissolution of parliament after his appointment; if any circumstances arise that, if he were not a member of the commission, would cause him to be disqualified for appointment as such. a member of a commission who has been appointed may be removed from office but only for inability to discharge the functions thereof (whether arising from infirmity of mind or body or any other cause) or for misbehaviour, and he shall not be so removed except in accordance with the provisions of this section. a member of a commission who has been appointed shall be removed from office by the president if the question of his removal from office has been referred to a tribunal appointed under subsection (8) of this section and the tribunal has recommended to the president that he ought to be removed from office for inability as aforesaid or for misbehaviour. if the prime minister, in the case of a member of the constituency boundaries commission appointed in accordance with paragraph (b) of subsection (2) of this section, or the leader of the opposition, in the case of a member of that commission appointed in accordance with paragraph (c) of that subsection, represents to the president or if, in the case of the chairman of the electoral commission, the president, acting in his own deliberate judgment, and, in the case of any other member of that commission, the president, acting after consultation with the prime minister and the leader of the opposition, considers that the question of removal of a member of the commission from office for inability as aforesaid or for misbehaviour ought to be investigated, then— the president shall appoint a tribunal, which shall consist of a chairman and not less than two other members, selected by the chief justice, from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from any such court; and the tribunal shall enquire into the matter and report on the facts thereof to the president and recommend to the president whether the member of the commission ought to be removed from office for inability as aforesaid or for misbehaviour. a commission may regulate its own procedure, and, with the consent of the prime minister, confer powers and impose duties on any public officer or on any authority of the government for the purpose of the discharge of its functions. a commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings: provided that any decision of the commission shall require the concurrence of a majority of all its members. in the exercise of its functions under this constitution a commission shall not be subject to the direction or control of any other person or authority. part v. delimitation of constituencies 57. review of constituency boundaries the electoral boundaries commission (hereinafter in this section referred to as the commission) shall, in accordance with the provisions of this section, review the number and boundaries of the constituencies into which dominica is divided and submit to the president reports either— showing the constituencies into which it recommends that dominica should be divided in order to give effect to the rules set out in schedule 2 to this constitution; or stating that, in its opinion, no alteration is required to the existing number or boundaries of constituencies in order to give effect to those rules. reports under subsection (1) of this section shall be submitted by the commission at intervals of not less than two nor more than five years. as soon as may be after the commission has submitted a report under subsection (a) of this section, the prime minister shall lay before the house for its approval the draft of an order by the president for giving effect, whether with or without modifications, to the recommendations contained in the report, and that draft order may make provision for any matters that appear to the prime minister to be incidental to or consequential upon the other provisions of the draft. where any such draft order gives effect to any such recommendations with modifications, the prime minister shall lay before the house together with the draft order a statement of the reasons for the modifications. if the motion for the approval of any draft order laid before the house under this section is rejected by the house, or is withdrawn by leave of that house, the prime minister shall amend the draft order and lay the amended draft before the house. if any draft order laid before the house under this section is approved by resolution of the house, the prime minister shall submit it to the president who shall make an order in terms of the draft; and that order shall come into force upon the next dissolution of parliament after it is made. the question of the validity of any order by the president purporting to be made under this section and reciting that a draft thereof has been approved by resolution of the house shall not be enquired into in any court of law. parliament may provide for an appeal to the high court against a recommendation or statement made to the president by the commission in pursuance of paragraph (a) or (b) of subsection (1) of this section. chapter iv. the executive 58. executive authority of dominica the executive authority of dominica is vested in the president. subject to the provisions of this constitution, the executive authority of dominica may be exercised by the president either directly or through officers subordinate to him. nothing in this section shall prevent parliament from conferring functions on persons or authorities other than the president. 59. ministers of the government there shall be a prime minister of dominica, who shall be appointed by the president. whenever the president has occasion to appoint a prime minister he shall appoint an elected member of the house who appears to him likely to command the support of the majority of the elected members of the house. there shall be, in addition to the office of prime minister, such other offices of minister of the government as may be established by parliament or, subject to the provisions of any law enacted by parliament, by the president, acting in accordance with the advice of the prime minister. appointments to the office of minister, other than the office of prime minister, shall be made by the president, acting in accordance with the advice of the prime minister, from among the members of the house: provided that not more than three ministers shall be appointed from among senators who have been appointed as such. if occasion arises for making an appointment to the office of prime minister or any other minister while parliament is dissolved, then, notwithstanding the provisions of subsections (2) and (4) of this section (but subject to the proviso to subsection (4)), a person who was an elected member of the house immediately before the dissolution may be appointed as prime minister or any other minister and a person who was a senator immediately before the dissolution, having been appointed as such, may be appointed as any minister other than prime minister. the president shall remove the prime minister from office if a resolution of no confidence in the government is passed by the house and the prime minister does not within three days either resign from his office or advise the president to dissolve parliament. if, at any time between the holding of a general election of representatives and the first meeting of the house thereafter, the president considers that in consequence of changes in the membership of the house resulting from that election and of any general election of senators the prime minister will not be able to command the support of the majority of the elected members of the house the president may remove the prime minister from office. the office of any minister shall become vacant— if the holder of the office ceases to be a member of the house otherwise than by reason of the dissolution of parliament; in the case of the prime minister, if, when the house first meets after the dissolution of parliament, he is not then an elected member of the house; in the case of any other minister, if, when the house first meets after the dissolution of parliament, he is not then a member of the house; or if, by virtue of section 35(4) of this constitution, he is required to cease to perform his functions as a member of the house. the office of a minister other than the prime minister shall become vacant— if the president, acting in accordance with the advice of the prime minister, so directs; if the prime minister resigns from office within three days after a resolution of no confidence in the government has been passed by the house or is removed from office under subsection (6) of this section; or on the appointment of any person to the office of prime minister. in the exercise of the powers conferred upon him by subsections (2), (5) and (7) of this section the president shall act in his own deliberate judgment. 60. cabinet of ministers there shall be a cabinet of ministers for dominica which shall consist of the prime minister and the other ministers. at any time when the office of attorney general is a public office, the attorney general shall, by virtue of holding or acting in that office, be a member of the cabinet in addition to the ministers. the functions of the cabinet shall be to advise the president in the government of dominica and the cabinet shall be collectively responsible to parliament for any advice given to the president by or under the general authority of the cabinet and for all things done by or under the authority of any minister in the execution of his office. the provisions of subsection (3) of this section shall not apply in relation to— the appointment and removal from office of ministers, temporary ministers and parliamentary secretaries, the assignment of responsibility to any minister under section 61 of this constitution, or the authorisation of another minister to perform the functions of the prime minister during absence or illness; the dissolution of parliament; or the matters referred to in section 73 of this constitution (which relate to the prerogative of mercy). 61. allocation of portfolios to ministers the president, acting in accordance with the advice of the prime minister, may, by directions in writing, assign to the prime minister or any other minister responsibility for any business of the government, including the administration of any department of government: provided that responsibility for finance shall be assigned to a minister who is an elected member of the house. 62. performance of functions of ministers during absence or illness whenever the prime minister is absent from dominica or by reason of illness is unable to perform the functions conferred upon him by this constitution, the president may authorise some other minister to perform those functions (other than the functions conferred by this section) and that minister may perform those functions until his authority is revoked by the president. whenever a minister other than the prime minister is absent from dominica or is within dominica but by leave of the president is not performing the functions of his office or by reason of illness is unable to perform those functions, the president may authorise some other minister to perform those functions or may appoint a member of the house to be a temporary minister in order to perform those functions; and that minister or temporary minister may perform those functions until his authority or, as the case may be, his appointment is revoked by the president: provided that the office of a temporary minister shall become vacant if any circumstances arise that, if he were a minister, would cause him to vacate office as such. the powers of the president under this section shall be exercised by him in accordance with the advice of the prime minister: provided that if the president, acting in his own deliberate judgment, considers that it is impracticable to obtain the advice of the prime minister owing to his absence or illness he may exercise those powers without that advice and in his own deliberate judgment. 63. exercise of president’s functions in the exercise of his functions the president shall act in accordance with the advice of the cabinet or a minister acting under the general authority of the cabinet except in cases where he is required by this constitution or any other law to act in accordance with the advice of, or after consultation with, any person or authority other than the cabinet: provided that the foregoing provisions of this subsection shall not apply where the president is authorised to act in his own deliberate judgment in accordance with the following provisions of this constitution— section 56 (which relates to the constituency boundaries commission and the electoral commission); sections 59 and 62 (which relate to ministers); section 66 (which relates to the leader of the opposition); section 85 (which relates to the appointment, etc., of public officers); section 87 (which relates to the chief elections officer); and section 93 (which relates to the public service board of appeal). during any period in which there is a vacancy in the office of leader of the opposition by reason of the fact that no person is both qualified for appointment to that office in accordance with this constitution and willing to accept appointment, or if the president, acting in his own deliberate judgment, considers that it is not practicable for him to obtain the advice of the leader of the opposition within the time within which it may be necessary for him to act, he may act without that advice and in his own deliberate judgment in the exercise of any power conferred upon him by this constitution in respect of which it is provided that he shall act on the advice of, or after consultation with, the leader of the opposition. nothing in subsection (1) of this section shall require the president to act in accordance with the advice of the cabinet or a minister in exercise of the functions conferred upon him by the following provisions of this constitution— the proviso to section 54(4) (which requires the president to dissolve parliament in certain circumstances); section 59(6) (which requires the president to remove the prime minister from office in certain circumstances); section 64 (which entitles the president to information); sections 56(5), 66(4), 84(6), 87(7), 88(8), 89(7), 93(5), and 108(7) (which require the president to remove the holders of certain offices from office in certain circumstances). 64. president to be informed concerning matters of government the prime minister shall keep the president fully informed concerning the general conduct of the government of dominica and shall furnish the president with such information as he may request with respect to any particular matter relating to the government of dominica. 65. oaths to be taken by ministers, etc a minister or a parliamentary secretary shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance, the oath of office and the oath of secrecy. 66. leader of the opposition there shall be a leader of the opposition who shall be appointed by the president. whenever there is occasion for the appointment of a leader of the opposition the president shall appoint the elected member of the house who appears to him most likely to command the support of a majority of the elected members of the house who do not support the government: or, if no elected member of the house appears to him to command such support, the elected member of the house who appears to him to command the support of the largest single group of members of the house who do not support the government: provided that if a member of the house was elected at a general election in which he stood as a supporter of a political party and the majority of members of the house elected at that time (whether as representatives or senators) stood as supporters of that party, he shall, so long as he remains a member of the house by virtue of that election, not be eligible for appointment as leader of the opposition. if occasion arises to appoint a leader of the opposition during the period between a dissolution of parliament and the day on which the ensuing election of representatives is held, an appointment may be made as if parliament had not been dissolved. the office of leader of the opposition shall become vacant— if he ceases to be a member of the house otherwise than by reason of a dissolution of parliament; if, when the house first meets after a dissolution of parliament, he is not then a member of the house; if, under the provisions of section 35(4) of this constitution, he is required to cease to perform his functions as a member of the house; or if he is removed from office by the president under the provisions of subsection (5) of this section. if it appears to the president that the leader of the opposition is no longer able to command the support of a majority of the elected members of the house who do not support the government or (if no elected member of the house appears to him to be able to command such support) the support of the largest single group of members of the house who do not support the government, he shall remove the leader of the opposition from office. the powers of the president under this section shall be exercised by him in his own deliberate judgment. 67. parliamentary secretaries the president, acting in accordance with the advice of the prime minister, may appoint parliamentary secretaries from among the members of the house to assist ministers in the performance of their duties: provided that, if occasion arises for making an appointment while parliament is dissolved, a person who was a member of the house immediately before the dissolution may be appointed as a parliamentary secretary. the office of a parliamentary secretary shall become vacant— if the president, acting in accordance with the advice of the prime minister, so directs; if the prime minister resigns from office within three days after a resolution of no confidence in the government has been passed by the house or is removed from office under section 59(6) of this constitution; upon the appointment of any person to the office of prime minister; if the holder of the office ceases to be a member of the house otherwise than by reason of a dissolution of parliament; if, when the house first meets after the dissolution of parliament, he is not then a member of the house; or if, by virtue of section 35(4) of this constitution, he is required to cease to perform his functions as a member of the house. 68. permanent secretaries where any minister has been charged with responsibility for any department of government, he shall exercise general direction and control over that department; and, subject to such direction and control, every department of government shall be under the supervision of a public officer whose office is referred to in this constitution as the office of a permanent secretary: provided that two or more government departments may be placed under the supervision of one permanent secretary. 69. secretary to the cabinet there shall be a secretary to the cabinet whose office shall be a public office. the secretary to the cabinet, who shall have charge of the cabinet office, shall be responsible, in accordance with such instructions as may be given to him by the prime minister, for arranging the business for, and keeping the minutes of, the cabinet and for conveying the decisions of the cabinet to the appropriate person or authority and shall have such other functions as the prime minister may direct. 70. constitution of offices, etc subject to the provisions of this constitution and of any other law, the president may constitute offices for dominica, make appointments to any such office and terminate any such appointment. 71. attorney general there shall be an attorney general who shall be the principal legal adviser to the government. the office of attorney general shall be either a public office or the office of a minister. at any time when the office of attorney general is a public office the same person may, if qualified, be appointed to hold or act in the office of attorney general and the office of director of public prosecutions. where the offices of attorney general and director of public prosecutions are held by the same person the following provisions of this constitution shall have effect as if references therein to the director included references to the attorney general, that is to say, sections 86, 88(5), (6), (7), (8), (9) and (10), 96(3) and 121(8)(a); but the provisions of this subsection shall be without prejudice to the powers of parliament or, subject to the provisions of any law enacted by parliament, the president to determine that the office of attorney general shall be the office of a minister. 72. control of public prosecutions there shall be a director of public prosecutions whose office shall be a public office. the director of public prosecutions shall have power in any case in which he considers it desirable so to do— to institute and undertake criminal proceedings against any person before any court of law (other than a court-martial) in respect of any offence alleged to have been committed by that person; to take over and continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority. the powers of the director of public prosecutions under subsection (2) of this section may be exercised by him in person or through other persons acting under and in accordance with his general or special instructions. the powers conferred on the director of public prosecutions by paragraphs (b) and (c) of subsection (2) of this section shall be vested in him to the exclusion of any other person or authority: provided that where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the court. for the purposes of this section, any appeal from a judgment in criminal proceedings before any court or any case stated or question of law reserved for the purpose of any such proceedings, to any other court (including the caribbean court of justice) shall be deemed to be part of those proceedings: provided that the power conferred on the director of public prosecutions by subsection (2)(c) of this section shall not be exercised in relation to any appeal by a person convicted in any criminal proceedings or to any case stated or question of law reserved at the instance of such a person. in the exercise of the powers vested in him by subsection (2) of this section, the director of public prosecutions shall not be subject to the direction or control of any other person or authority: provided that the powers vested in him by paragraph (c) of that subsection (2) shall be exercised by him in accordance with such general or special directions (if any) as the attorney general may give him. 73. prerogative of mercy the president may— grant a pardon, either free or subject to lawful conditions, to any person convicted of any offence; grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence; substitute a less severe form of punishment for any punishment imposed on any person for any offence; or remit the whole or any part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the government on account of any offence. the powers of the president under subsection (1) of this section shall be exercised by him in accordance with the advice of such minister as may from time to time be designated by the president, acting in accordance with the advice of the prime minister. 74. advisory committee on prerogative of mercy there shall be an advisory committee on the prerogative of mercy for dominica (hereinafter in this section referred to as the committee) which shall consist of— the minister for the time being designated under section 73(2) of this constitution, who shall be chairman; the attorney general; and not more than four other members appointed by the president, by writing under his hand. a member of the committee appointed under subsection (1)(c) of this section shall hold his seat thereon for such period as may be specified in the instrument by which he was appointed: provided that his seat shall become vacant— in the case of a person who at the date of his appointment was a minister, if he ceases to be a minister, or if the president, by writing under his hand, so directs. the committee may act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings. the committee may regulate its own procedure. in the exercise of his functions under this section, the president shall act in accordance with the advice of the prime minister. 75. functions of advisory committee where any person has been sentenced to death (otherwise than by a court-martial) for an offence, the minister for the time being designated under section 73(2) of this constitution shall cause a written report of the case from the trial judge (or the chief justice, if a report from the trial judge cannot be obtained) together with such other information derived from the record of the case or elsewhere as he may require, to be taken into consideration at a meeting of the advisory committee on the prerogative of mercy; and after obtaining the advice of the committee he shall decide in his own deliberate judgment whether to advise the president to exercise any of his powers under section 73(1) of this constitution. the minister for the time being designated under section 73(2) of this constitution may consult with the advisory committee on the prerogative of mercy before tendering any advice to the president under that subsection in any case not falling within subsection (1) of this section but he shall not be obliged to act in accordance with the recommendation of the committee. chapter v. finance 76. consolidated fund all revenues or other moneys raised or received by dominica (not being revenues or other moneys that are payable, by or under any law for the time being in force in dominica, into some other fund established for a specific purpose) shall be paid into and from a consolidated fund. 77. withdrawals from consolidated fund or other public funds no moneys shall be withdrawn from the consolidated fund except— to meet expenditure that is charged upon the fund by this constitution or by any law enacted by parliament; or where the issue of those moneys has been authorised by an appropriation law or by a law made in pursuance of section 79 of this constitution. where any moneys are charged by this constitution or any law enacted by parliament upon the consolidated fund or any other public fund, they shall be paid out of that fund by the government to the person or authority to whom payment is due. no moneys shall be withdrawn from any public fund other than the consolidated fund unless the issue of those moneys has been authorised by or under any law. parliament may prescribe the manner in which withdrawals may be made from the consolidated fund or any other public fund. 78. authorisation of expenditure from consolidated fund by appropriation law the minister for the time being responsible for finance shall cause to be prepared and laid before the house before, or not later than forty-five days after, the commencement of each financial year estimates of the revenues and expenditure of dominica for that financial year. when the estimates of expenditure (other than expenditure charged upon the consolidated fund by this constitution or by any law enacted by parliament) have been approved by the house, a bill, known as an appropriation bill, shall be introduced in the house, providing for the issue from the consolidated fund of the sums necessary to meet that expenditure and the appropriation of those sums, under separate votes for the several services required, to the purposes specified therein. if in respect of any financial year it is found— that the amount appropriated by the appropriation law to any purpose is insufficient or that a need has arisen for expenditure for a purpose to which no amount has been appropriated by that law; or that any moneys have been expended for any purpose in excess of the amount appropriated to that purpose by the appropriation law or for a purpose to which no amount has been appropriated by that law, a supplementary estimate showing the sums required or spent shall be laid before the house and, when the supplementary estimate has been approved by the house, a supplementary appropriation bill shall be introduced in the house providing for the issue of such sums from the consolidated fund and appropriating them to the purposes specified therein. 79. authorisation of expenditure in advance of appropriation there shall be such provision as may be made by parliament under which, if the appropriation law in respect of any financial year has not come into operation by the beginning of that financial year, the minister for the time being responsible for finance may authorise the withdrawal of moneys from the consolidated fund for the purpose of meeting expenditure necessary to carry on the services of the government until the expiration of four months from the beginning of that financial year or the coming into operation of the law, whichever is the earlier. 80. contingencies fund there shall be such provision as may be made by parliament for the establishment of a contingencies fund and for authorising the minister for the time being responsible for finance, if satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from that fund to meet that need. where any advance is made from the contingencies fund, a supplementary estimate shall as soon as possible be laid before the house and when the supplementary estimate has been approved by the house, a supplementary appropriation bill shall be introduced as soon as possible in the house for the purpose of replacing the amount so advanced. 81. remuneration of certain officers there shall be paid to the holders of the offices to which this section applies such salaries and such allowances as may be prescribed by or under a law enacted by parliament. the salaries and allowances prescribed in pursuance of this section in respect of the holders of the offices to which this section applies shall be a charge on the consolidated fund. the salary prescribed in pursuance of this section in respect of the holder of any office to which this section applies and his other terms of service (other than allowances that are not taken into account in computing, under any law in that behalf, any pension payable in respect of his service in that office) shall not be altered to his disadvantage after his appointment. when a person’s salary or other terms of service depend upon his option, the salary or terms for which he opts shall, for the purposes of subsection (3) of this section, be deemed to be more advantageous to him than any others for which he might have opted. this section applies to the offices of the president, member of the public service commission, member of the police service commission, member of the public service board of appeal, the director of public prosecutions, the director of audit, the parliamentary commissioner, the deputy parliamentary commissioner and the chief elections officer. nothing in this section shall be construed as prejudicing the provisions of section 95 of this constitution (which protects pensions rights in respect of service as a public officer). 82. public debt all debt charges for which dominica is liable shall be a charge on the consolidated fund. for the purposes of this section debt charges include interest, sinking fund charges, the repayment or amortisation of debt and all expenditure in connection with the raising of loans on the security of the consolidated fund and the service and redemption of the debt created thereby. 83. audit of public accounts, etc there shall be a director of audit whose office shall be a public office. the director of audit shall, at least once in every year, audit and report on the public accounts of dominica, the accounts of all officers and authorities of the government, the accounts of all courts of law in dominica (including any accounts of the court of appeal or the high court maintained in dominica), the accounts of every commission established by this constitution and the accounts of the parliamentary commissioner and the clerk of the house. the director of audit and any officer authorised by him shall have access to all books, records, returns, reports and other documents which in his opinion relate to any of the accounts referred to in subsection (2) of this section. the director of audit shall submit every report made by him in pursuance of subsection (2) of this section to the minister for the time being responsible for finance who shall, not later than seven days after the house first meets after he has received the report, lay it before the house. if the minister fails to lay a report before the house in accordance with the provisions of subsection (4) of this section the director of audit shall transmit copies of that report to the speaker who shall, as soon as practicable, present them to the house. the director of audit shall exercise such other functions in relation to the accounts of the government or the accounts of other authorities or bodies established by law for public purposes as may be prescribed by or under any law enacted by parliament. in the exercise of his functions under subsections (2), (3), (4) and (5) of this section, the director of audit shall not be subject to the direction or control of any other person or authority. chapter vi. the public service part i. the public service commission 84. public service commission there shall be a public service commission for dominica (hereinafter in this section referred to as the commission) which shall consist of— a chairman and a deputy chairman appointed by the president, acting in accordance with the advice of the prime minister; two members appointed by the president, acting in accordance with the advice of the prime minister, from amongst persons selected by the appropriate representative body; and not more than three other members appointed by the president, acting in accordance with the advice of the prime minister: provided that the prime minister shall consult the leader of the opposition before tendering any advice to the president for the purposes of paragraph (b) or (c) of this subsection. a person shall not be qualified to be appointed as a member of the commission if— he is, or has at any time during the five years immediately preceding his appointment been, a member of the house; he is, or has at any time during the year preceding his appointment been, a judge of the supreme court or a public officer. a member of the commission shall not, within the period of three years commencing with the day on which he last held or acted in the office of member of the commission, be eligible for appointment to or to act in any public office. subject to the provisions of this section, the office of a member of the commission shall become vacant— at the expiration of three years from the date of his appointment; or if any circumstances arise that, if he were not a member of the commission, would cause him to be disqualified to be appointed as such under subsection (2) of this section. a member of the commission may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. a member of the commission shall be removed from office by the president if the question of his removal from office has been referred to a tribunal appointed under subsection (7) of this section and the tribunal has recommended to the president that he ought to be removed from office for inability as aforesaid or for misbehaviour. if the prime minister represents to the president that the question of removing a member of the commission under this section ought to be investigated, then— the president shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the chief justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from such a court; and the tribunal shall enquire into the matter and report on the facts thereof to the president and recommend to him whether the member ought to be removed under this section. if the question of removing a member of the commission has been referred to a tribunal under this section, the president, acting in accordance with the advice of the prime minister, may suspend that member from the exercise of the functions of his office and any such suspension may at any time be revoked by the president, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the president that that member should not be removed. if the office of chairman of the commission is vacant or if the holder of that office is for any reason unable to exercise the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be exercised by the deputy chairman or, if the office of deputy chairman is vacant or the holder of that office is for any reason unable to exercise the functions of his office, by such other member of the commission as may for the time being be designated by the president, acting in accordance with the advice of the prime minister. if at any time there are less than two members of the commission besides the chairman or if any such member is acting as chairman or is for any reason unable to exercise the functions of his office, the president, acting in accordance with the advice of the prime minister, may appoint a person who is qualified to be appointed as a member of the commission to act as a member, and any person so appointed shall, subject to the provisions of subsection (4) of this section, continue to act until the office in which he is acting has been filled or, as the case may be, until the holder thereof has resumed his functions or until his appointment to act has been revoked by the president, acting in accordance with the advice of the prime minister. a member of the commission shall not enter upon the duties of his office until he has taken and subscribed the oath of allegiance and the oath of office. the commission shall, in the exercise of its functions under this constitution, not be subject to the direction or control of any other person or authority. the commission may by regulation or otherwise regulate its own procedure and, with the consent of the prime minister, may confer powers or impose duties on any public officer or on any authority of the government for the purpose of the exercise of its functions. the commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings: provided that any decision of the commission shall require the concurrence of a majority of all its members. in this section “the appropriate representative body” means such body as is designated by the president, acting in accordance with the advice of the prime minister, as the principal body in dominica representing the interests of public officers (other than police officers). 85. appointment, etc., of public officers the power to appoint persons to hold or act in offices in the public service (including the power to confirm appointments), and, subject to the provisions of section 93 of this constitution, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the public service commission. the public service commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its powers under subsection (1) of this section to any one or more members of the commission or, with the consent of the prime minister, to any public officer. the provisions of this section shall not apply in relation to the following offices, that is to say— any office to which section 86 of this constitution applies; the office of chief elections officer; the office of director of public prosecutions; the office of director of audit; any office to which section 90 of this constitution applies; or any office in the police force. no person shall be appointed under this section to or to act in any office on the president’s personal staff except with the concurrence of the president, acting in his own deliberate judgment. before any of the powers conferred by this section are exercised by the public service commission or any other person or authority in relation to the clerk of the house or a member of his staff, the commission or that person or authority shall consult with the speaker. before any of the powers conferred by this section are exercised by the public service commission or any other person or authority in relation to a member of the staff of the parliamentary commissioner of the chief elections officer, the commission or that person or authority shall consult the commissioner or, as the case may be, the officer. a public officer shall not be removed from office or subjected to any other punishment under this section on the grounds of any act done or omitted by him in the exercise of a judicial function conferred on him unless the judicial and legal services commission concurs therein. part ii. appointments, etc., to particular offices 86. appointment, etc., of permanent secretaries and certain other officers this section applies to the offices of secretary to the cabinet, permanent secretary, head of a department of government, deputy head of a department of government, clerk of the house, any office for the time being designated by the public service commission as an office of a chief professional adviser to a department of government and any office for the time being designated by the commission, after consultation with the prime minister, as an office the holders of which are required to reside outside dominica for the proper discharge of their functions or as an office in dominica whose functions relate to external affairs. the power to appoint persons to hold or to act in offices to which this section applies (including the power to confirm appointments), and subject to the provisions of section 93 of this constitution, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the president, acting in accordance with the advice of the public service commission: provided that— the power to appoint a person to hold or act in an office of permanent secretary on transfer from another such office carrying the same salary shall vest in the president, acting in accordance with the advice of the prime minister; before the public service commission tenders advice to the president with respect to the appointment of any person to hold an office to which this section applies (other than an appointment to an office of permanent secretary on transfer from another such office carrying the same salary) it shall consult with the prime minister and if the prime minister signifies his objection to the appointment of any person to the office, the commission shall not advise the president to appoint that person. references in this section to a department of government shall not include the department of the attorney general, the department of the director of public prosecutions, the department of the director of audit, the department of the parliamentary commissioner, the department of the chief elections officer or the police force. 87. chief elections officer the chief elections officer (hereinafter in this section referred to as the officer) shall be appointed by the president, acting after consultation with the electoral commission. if the office of the officer is vacant or if the holder of that office is for any reason unable to exercise the functions of his office, the president, acting after consultation with the electoral commission, may appoint a person to act as officer. a person shall not be qualified to be appointed to hold the office of the officer unless he holds such qualifications (if any) as may be prescribed by parliament. a person appointed to act in the office of the officer shall, subject to the provisions of subsections (5), (7) and (8) of this section, cease so to act— when a person is appointed to hold that office and has assumed the functions thereof or, as the case may be, when the person in whose place he is acting resumes the functions of that office; or at such earlier time as may be prescribed by the terms of his appointment. subject to the provisions of subsection (6) of this section, the officer shall vacate his office when he attains the prescribed age. a person holding the office of the officer may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. the officer shall be removed from office by the president if the question of his removal from office has been referred to a tribunal appointed under subsection (8) of this section and the tribunal has recommended to the president that he ought to be removed for inability as aforesaid or for misbehaviour. if the president, acting in his own deliberate judgment, considers that the question of removing the officer under this section ought to be investigated, then— the president shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the chief justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from such a court; and the tribunal shall enquire into the matter and report on the facts thereof to the president and recommend to him whether the officer ought to be removed under this section. if the question of removing the officer has been referred to a tribunal under this section, the president, acting in his own deliberate judgment, may suspend the officer from the exercise of the functions of his office and any such suspension may at any time be revoked by the president, acting as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the president that the officer should not be removed. the prescribed age for the purposes of subsection (5) of this section is the age of fifty-five years or such other age as may be prescribed by parliament: provided that any law enacted by parliament, to the extent to which it alters the prescribed age after a person has been appointed to be or to act as officer, shall not have effect in relation to that person unless he consents that it should have effect. 88. director of public prosecutions the director of public prosecutions shall be appointed by the president, acting in accordance with the advice of the public service commission. if the office of director of public prosecutions is vacant or if the holder of that office is for any reason unable to exercise the functions of his office, the president, acting in accordance with the advice of the public service commission, may appoint a person to act as director. before tendering advice for the purposes of subsection (1) or (2) of this section the public service commission shall consult the prime minister. a person shall not be qualified to be appointed to hold the office of director of public prosecutions unless he holds one of the specified qualifications and has held one or other of those qualifications for a total period of not less than seven years. a person appointed to act in the office of director of public prosecutions shall, subject to the provisions of subsections (6), (8), (9) and (10) of this section, cease so to act— when a person is appointed to hold that office and has assumed the functions thereof or, as the case may be, when the person in whose place he is acting resumes the functions of that office; or at such earlier time as may be prescribed by the terms of his appointment. subject to the provisions of subsection (7) of this section, the director of public prosecutions shall vacate his office when he attains the prescribed age. a person holding the office of director of public prosecutions may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. the director of public prosecutions shall be removed from office by the president if the question of his removal from office has been referred to a tribunal appointed under subsection (9) of this section and the tribunal has recommended to the president that he ought to be removed for inability as aforesaid or for misbehaviour. if the prime minister or the chairman of the public service commission represents to the president that the question of removing the director of public prosecutions under this section ought to be investigated, then— the president shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the chief justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from such a court; and the tribunal shall enquire into the matter and report on the facts thereof to the president and recommend to him whether the director ought to be removed under this section. if the question of removing the director of public prosecutions has been referred to a tribunal under this section, the president, acting in accordance with the advice of the public service commission, may suspend the director from the exercise of the functions of his office and any such suspension may at any time be revoked by the president, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the president that the director should not be removed. the prescribed age for the purposes of subsection (6) of this section is the age of fifty-five years or such other age as may be prescribed by parliament: provided that any law enacted by parliament, to the extent to which it alters the prescribed age after a person has been appointed to be or to act as director of public prosecutions, shall not have effect in relation to that person unless he consents that it should have effect. 89. director of audit the director of audit shall be appointed by the president, acting in accordance with the advice of the public service commission. if the office of director of audit is vacant or if the holder of that office is for any reason unable to exercise the functions of his office, the president, acting in accordance with the advice of the public service commission, may appoint a person to act as director. before tendering advice for the purposes of subsection (1) or subsection (2) of this section, the public service commission shall consult the prime minister. a person appointed to act in the office of director of audit shall, subject to the provisions of subsections (5), (7), (8) and (9) of this section, cease so to act— when a person is appointed to hold that office and has assumed the functions thereof or, as the case may be, when the person in whose place he is acting resumes the functions of that office; or at such earlier time as may be prescribed by the terms of his appointment. subject to the provisions of subsection (7) of this section the director of audit shall vacate his office when he attains the prescribed age. a person holding the office of director of audit may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. the director of audit shall be removed from office by the president if the question of his removal from office has been referred to a tribunal appointed under subsection (8) of this section and the tribunal has recommended to the president that he ought to be removed for inability as aforesaid or for misbehaviour. if the prime minister or the chairman of the public service commission represents to the president that the question of removing the director of audit under this section ought to be investigated— the president shall appoint a tribunal which shall consist of a chairman and not less than two other members selected by the chief justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from such a court; and the tribunal shall enquire into the matter and report on the facts thereof to the president and recommend to him whether the director ought to be removed under this section. if the question of removing the director of audit has been referred to a tribunal under this section, the president, acting in accordance with the advice of the public service commission, may suspend the director of audit from the exercise of the functions of his office and any such suspension may at any time be revoked by the president, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the president that the director should not be removed. the prescribed age for the purposes of subsection (5) of this section is the age of fifty-five or such other age as may be prescribed by parliament: provided that any law enacted by parliament to the extent to which it alters the prescribed age after a person has been appointed to be or to act as director of audit, shall not have effect in relation to that person unless he consents that it should have effect. 90. appointment, etc., of magistrates, registrars and legal officers this section applies to the offices of magistrate, registrar of the high court and assistant registrar of the high court and to any public office in the department of the attorney general (including the public office of attorney general) or in the department of the parliamentary commissioner, the department of the chief elections officer (other than the office of officer) or the department of the director of public prosecutions (other than the office of director) for appointment to which persons are required to hold one or other of the specified qualifications. the power to appoint persons to hold or act in offices to which this section applies (including the power to confirm appointments) shall vest in the public service commission: provided that before exercising the powers conferred by this section in any case the public service commission shall consult the judicial and legal services commission. subject to the provisions of section 71(4) of this constitution, the power to exercise disciplinary control over persons holding or acting in offices to which this section applies and the power to remove such persons from office shall vest in the judicial and legal services commission: provided that before exercising the powers conferred by this subsection in any case the judicial and legal services commission shall consult the public service commission. part iii. the police 91. police service commission there shall be a police service commission for dominica which shall consist of— a chairman and a deputy chairman appointed by the president, acting in accordance with the advice of the prime minister; two members appointed by the president, acting in accordance with the advice of the prime minister, from amongst persons selected by the appropriate representative body; and not more than three other members appointed by the president, acting in accordance with the advice of the prime minister: provided that the prime minister shall consult the leader of the opposition before tendering any advice to the president for the purposes of paragraph (b) or (c) of this subsection. the provisions of section 84 of this constitution (other than subsections (1) and (15)) shall apply in relation to the police service commission as they apply in relation to the public service commission. in this section “the appropriate representative body” means such body as is designated by the president, acting in accordance with the advice of the prime minister, as the principal body in dominica representing the interests of police officers. 92. appointment, etc., of police officers the power to appoint a person to hold or act in the office of chief of police or deputy chief of police and, subject to the provisions of section 93 of this constitution, the power to remove the chief of police or deputy chief of police from office shall vest in the president, acting in accordance with the advice of the prime minister, given after consultation with the leader of the opposition and the police service commission. the power to appoint persons to hold or act in offices in the police force below the rank of deputy chief of police (including the power to confirm appointments), and, subject to the provisions of section 93 of this constitution, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the police service commission. the police service commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its powers under subsection (2) of this section in respect of officers below the rank of sergeant or of persons holding or acting in those offices to any one or more members of the commission or, with the consent of the prime minister, to the chief of police or any other officer of the police force. a police officer shall not be removed from office or subjected to any other punishment under this section on the grounds of any act done or omitted by him in the exercise of any judicial function conferred on him unless the judicial and legal services commission concurs therein. part iv. the public service board of appeal 93. public service board of appeal there shall be a public service board of appeal for dominica (hereinafter in this section and in section 94 of this constitution referred to as the board) which shall consist of— one member appointed by the president, acting in his own deliberate judgment, who shall be chairman; one member appointed by the president, acting in accordance with the advice of the prime minister; and one member appointed by the president, acting in accordance with the advice of the appropriate representative body. a person shall not be qualified for appointment as a member of the board if he is a member of the house and a person shall not be qualified for appointment under paragraph (c) of subsection (1) of this section unless he is or has been a public officer. subject to the provisions of this section, the office of a member of the board shall become vacant— at the expiration of three years from the date of his appointment; or if any circumstances arise that, if he were not a member of the board, would cause him to be disqualified to be appointed as such under subsection (2) of this section. a member of the board may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. a member of the board shall be removed from office by the president if the question of his removal from office has been referred to a tribunal appointed under subsection (6) of this section and the tribunal has recommended to the president that he ought to be removed from office for inability as aforesaid or for misbehaviour. if the president considers that the question of removing a member of the board under this section ought to be investigated, then— the president shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the chief justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or of a court having jurisdiction in appeals from such a court; and the tribunal shall enquire into the matter and report on the facts thereof to the president and recommend to him whether the member ought to be removed under this section. if the question of removing a member of the board has been referred to a tribunal under this section, the president may suspend that member from the exercise of the functions of his office and any such suspension may at any time be revoked by the president and shall in any case cease to have effect if the tribunal recommends to the president that that member should not be removed. if at any time any member of the board is for any reason unable to exercise the functions of his office, the president may appoint a person who is qualified to be appointed as a member of the board to act as a member, and any person so appointed shall, subject to the provisions of subsection (4) of this section, continue to act until the holder thereof has resumed his functions or until his appointment to act has been revoked by the president. in the exercise of the powers conferred upon him by subsections (6), (7) and (8) of this section the president shall, in the case of a member of the board appointed under paragraph (b) of subsection (1) of this section, act in accordance with the advice of the prime minister and shall in any other case act in his own deliberate judgment. the board shall, in the exercise of its functions under this constitution, not be subject to the direction or control of any other person or authority. in this section “the appropriate representative body” means the body designated under section 84(15) of this constitution. 94. appeals in discipline cases this section applies to— any decision of the president, acting in accordance with the advice of the public service commission or the advice of the police service commission, or any decision of the public service commission or of the police service commission, to remove a public officer from office or to exercise disciplinary control over a public officer (including a decision made on appeal from or confirming a decision of any person to whom powers are delegated under section 85(2) or 92(3) of this constitution); any decision of any person to whom powers are delegated under section 85(2) or 92(3) of this constitution to remove a public officer from office or to exercise disciplinary control over a public officer (not being a decision which is subject to appeal to or confirmation by the public service commission or the police service commission); such decisions with respect to the discipline of any military, naval or air force of dominica as may be prescribed by parliament. subject to the provisions of this section, an appeal shall lie to the board from any decision to which this section applies at the instance of the public officer or member of the naval, military or air force in respect of whom the decision is made. upon an appeal under this section the board may affirm or set aside the decision appealed against or may make any other decision which the authority or person from whom the appeal lies could have made. every decision of the board shall require the concurrence of a majority of all its members. subject to the provisions of subsection (4) of this section, the board may by regulation make provision for— the procedure of the board; the procedure in appeals under this section; or excepting from the provisions of subsection (2) of this section decisions in respect of public officers holding offices whose emoluments do not exceed such sum as may be prescribed by the regulations or such decisions to exercise disciplinary control, other than decisions to remove from office, as may be so prescribed. regulations made under this section may, with the consent of the prime minister, confer powers or impose duties on any public officer or any authority of the government for the purpose of the exercise of the functions of the board. the board may, subject to the provisions of this section and to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member. part v. pensions 95. pensions laws and protection of pensions rights the law to be applied with respect to any pensions benefits that were granted to any person before the commencement of this constitution shall be the law that was in force at the date on which those benefits were granted or any law in force at a later date that is not less favourable to that person. the law to be applied with respect to any pensions benefits (not being benefits to which subsection (1) of this section applies) shall— insofar as those benefits are wholly in respect of a period of service as a judge or officer of the supreme court or a public officer that commenced before the commencement of this constitution, be the law that was in force at such commencement; and insofar as those benefits are wholly or partly in respect of a period of service as a judge or officer of the supreme court or a public officer that commenced after the commencement of this constitution, be the law in force on the date on which that period of service commenced, or any law in force at a later date that is not less favourable to that person. where a person is entitled to exercise an option as to which of two or more laws shall apply in this case, the law for which he opts shall, for the purposes of this section, be deemed to be more favourable to him than the other law or laws. all pensions benefits shall (except to the extent that they are by law charged upon and duly paid out of some other fund) be a charge on the consolidated fund. in this section “pensions benefits” means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as judges or officers of the supreme court or public officers or for the widows, children, dependants or personal representatives of such persons in respect of such service. references in this section to the law with respect to pensions benefits include (without prejudice to their generality) references to the law regulating the circumstances in which such benefits may be granted or in which the grant of such benefits may be refused, the law regulating the circumstances in which any such benefits that have been granted may be withheld, reduced in amount or suspended and the law regulating the amount of any such benefits. 96. power to withhold pensions, etc where under any law any person or authority has a discretion— to decide whether or not any pensions benefits shall be granted; or to withhold, reduce in amount or suspend any such benefits that have been granted, those benefits shall be granted and may not be withheld, reduced in amount or suspended unless the public service commission concurs in the refusal to grant the benefits or, as the case may be, in the decision to withhold them, reduce them in amount or suspend them. where the amount of any pensions benefits that may be granted to any person is not fixed by law, the amount of the benefits to be granted to him shall be the greatest amount for which he is eligible unless the public service commission concurs in his being granted benefits of a smaller amount. the public service commission shall not concur under subsection (1) or subsection (2) of this section in any action taken on the ground that any person who holds or has held the office of judge of the supreme court, director of public prosecutions, director of audit or chief elections officer has been guilty of misbehaviour in that office unless he has been removed from that office by reason of such misbehaviour. before the public service commission concurs under subsection (1) or subsection (2) of this section in any action taken on the ground that any person who holds or has held any office to which, at the time of such action, section 90 of this constitution applies has been guilty of misbehaviour in that office, the public service commission shall consult the judicial and legal services commission. in this section “pensions benefits” means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as judges or officers of the supreme court or public officers or for the widows, children, dependants or personal representatives of such persons in respect of such service. chapter vii. citizenship 97. persons who become citizens on 3rd november 1978 every person who, having been born in dominica, is immediately before the commencement of this constitution a citizen of the united kingdom and colonies shall become a citizen of dominica at such commencement. every person who, immediately before the commencement of this constitution is a citizen of the united kingdom and colonies— having become such a citizen under the british nationality act 1948 by virtue of his having been naturalised in dominica as a british subject before that act came into force; or having become such a citizen by virtue of his having been naturalised or registered in dominica under the british nationality acts 1948 to 1965, shall become a citizen of dominica at such commencement. every person who, having been born outside dominica, is immediately before the commencement of this constitution a citizen of the united kingdom and colonies shall, if his father or mother becomes, or would but for his death have become, a citizen of dominica by virtue of subsection (1) or subsection (2) of this section, become a citizen of dominica at such commencement. 98. persons born in dominica on or after 3rd november 1978 every person born in dominica after the commencement of this constitution shall become a citizen of dominica at the date of his birth: provided that a person shall not become a citizen of dominica by virtue of this section if at the time of his birth— his father or mother possesses such immunity from suit and legal process as is accorded to an envoy of a foreign sovereign power accredited to dominica, and is not a citizen of dominica; or his father or mother is a citizen of a country with which dominica is at war, and the birth occurs in a place then under occupation by the enemy. 99. persons born outside dominica on or after 3rd november 1978 a person born outside dominica after the commencement of this constitution shall become a citizen of dominica at the date of his birth if, at that date, his father or mother is a citizen of dominica by virtue of the provisions of subsection (1) or (2) of section 97 or section 98 of this constitution. 100. registration the following persons shall be entitled, upon making application and, in the case of a british protected person or an alien who has attained the age of eighteen years, taking the oath of allegiance, to be registered as citizens of dominica— any person who, being a commonwealth citizen, is and for the previous seven years has been ordinarily any person who, having been a citizen of dominica by virtue of the provisions of subsection (1) or (2) of section 97 or section 98 of the constitution has renounced his citizenship in order to qualify for the acquisition or retention of the citizenship of another country; any person under the age of eighteen years who is a child, stepchild or child — adopted in a manner recognised by law of a person who is or was before his death or would but for his death have become a citizen of dominica by virtue of the provisions of subsection (1) or (2) of section 97 or section 98 of this constitution. an application under this section shall be made in such manner as may be prescribed, as respects that application, by or under a law enacted by parliament and in the case of a person to whom subsection (1)(c) of this section applies, it shall be made on his behalf by his parent or guardian before he attains the age of eighteen years or such later age as may be so prescribed. 101. acquisition, deprivation and renunciation there shall be such provision as may be made by parliament for— the acquisition of citizenship of dominica by persons who are not eligible or who are no longer eligible to become citizens of dominica under the provisions of this chapter; depriving of his citizenship of dominica any person who is a citizen of dominica otherwise than by virtue of section 97, 98 or 99 of this constitution; the renunciation by any person of his citizenship of dominica. 102. interpretation in this chapter— “alien” means a person who is not a commonwealth citizen, a british protected person or a citizen of the republic of ireland; “british protected person” means a person who is a british protected person for the purpose of the british nationality act 1948 or any act of the parliament of the united kingdom altering that act. for the purposes of this chapter, a person born abroad a registered ship or aircraft, or aboard an unregistered ship or aircraft of the government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country. any reference in this chapter to the national status of the father of a person at the time of that person’s birth shall, in relation to a person born after the death of his father, be construed as a reference to the national status of the father at the time of the father’s death; and where that death occurred before the commencement of this constitution and the birth occurred after such commencement the national status that the father would have had if he had died immediately after such commencement shall be deemed to be his national status at the time of his death. chapter viii. judicial provisions 103. original jurisdiction of high court in constitutional questions subject to the provisions of sections 22(5), 38(6), 42(8), 57(7), 115(8), 118(3) and 121(10) of this constitution, any person who alleges that any provision of this constitution (other than a provision of chapter i thereof) has been or is being contravened may, if he has a relevant interest, apply to the high court for a declaration and for relief under this section. the high court shall have jurisdiction on an application made under this section to determine whether any provision of this constitution (other than a provision of chapter i thereof) has been or is being contravened and to make a declaration accordingly. where the high court makes a declaration under this section that a provision of this constitution has been or is being contravened and the person on whose application the declaration is made has also applied for relief, the high court may grant to that person such remedy as its considers appropriate, being a remedy available generally under the law of dominica in proceedings in the high court. the chief justice may make rules with respect to the practice and procedure of the high court in relation to the jurisdiction and powers conferred on the court by or under this section, including provision with respect to the time within which any application under this section may be made. a person shall be regarded as having a relevant interest for the purpose of an application under this section only if the contravention of this constitution alleged by him is such as to affect his interests. the right conferred on a person by this section to apply for a declaration and relief in respect of an alleged contravention of this constitution shall be in addition to any other action in respect of the same matter that may be available to that person under any other enactment or any rule of law. nothing in this section shall confer jurisdiction on the high court to hear or determine any such question as is referred to in section 40 of this constitution. 104. reference of constitutional questions to high court where any question as to the interpretation of this constitution arises in any court of law established for dominica (other than the court of appeal, the high court or a court-martial) and the court is of opinion that the question involves a substantial question of law, the court shall refer the question to the high court. where any question is referred to the high court in pursuance of this section, the high court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if the decision is the subject of an appeal to the court of appeal or the caribbean court of justice, in accordance with the decision of the court of appeal or, as the case may be, the caribbean court of justice. 105. appeals to court of appeal subject to the provisions of section 40(7) of this constitution, an appeal shall lie from decisions of the high court to the court of appeal as of right in the following cases: final decisions in any civil or criminal proceedings on questions as to the interpretation of this constitution; final decisions given in exercise of the jurisdiction conferred on the high court by section 16 of this constitution (which relates to the enforcement of the fundamental rights and freedoms). an appeal shall lie from final decisions of the public service board of appeal to the court of appeal. the chief justice may make rules with respect to the practice and procedure of the court of appeal in relation to appeals from the public service board of appeal to the court of appeal. 106. appeals to the caribbean court of justice an appeal shall lie as of right from decisions of the court of appeal to the caribbean court of justice in the following cases final decisions in civil proceedings wherethe matter in dispute on appeal to the caribbean court of justice is of the prescribed value or upwards; or the appeal involves directly or indirectly a claim to or a question respecting property or a right of the prescribed value or upwards; final decisions in proceedings for dissolution or nullity of marriage; final decisions in any civil or criminal proceedings which involve a question as to the interpretation of this constitution; final decisions given in the exercise of the jurisdiction conferred upon the high court relating to redress for contravention of the provisions of this constitution for the protection of fundamental rights; final decisions given in the exercise of the jurisdiction conferred on the high court relating to determination of any question for which a right of access to the high court is expressly provided by this constitution, and repeal and replacement of section 106 of the constitution. such other cases as may be prescribed by parliament. an appeal shall lie from decisions of the court of appeal to the caribbean court of justice with the leave of the court of appeal in respect of decisions in any civil proceedings where in the opinion of the court of appeal, the question involved in the appeal is one that by reason of its great general or public importance or otherwise, ought to be submitted to the caribbean court of justice; and such other cases as may be prescribed by parliament. an appeal shall lie to the caribbean court of justice with the special leave of the caribbean court of justice from any decision of the court of appeal from any civil or criminal matter. references in this section to decisions of the court of appeal shall be construed as references to decisions of the court of appeal in exercise of the jurisdiction conferred by this constitution or any other law for the time being in force in dominca: provided that such references do not include references to decisions in exercise of the jurisdiction conferred by section 105(2) of the constitution. in this section the “prescribed value” means the value of twenty-five thousand dollars or such other value as may be prescribed by parliament. this section shall be subject to the provisions of sections 22(4) and 40(7) of this constitution. 106a. abolition of appeals to the judicial committee no appeal shall be or shall be brought from or in respect of any decision of the court of appeal to the the judicial committee as of right; by leave of any court; by special leave of the judicial committee or otherwise. 107. interpretation in this chapter references to the contravention of any provision of, or the interpretation of, this constitution shall be construed as including references to the contravention of any provision of, or the interpretation of, the supreme court order. chapter ix. parliamentary commissioner 108. appointment, etc., of commissioner there shall be a parliamentary commissioner for dominica who shall be an officer of parliament and who shall not hold any other office of emolument whether in the public service or otherwise nor engage in any other occupation for reward. the parliamentary commissioner shall be appointed by the president, acting after consultation with the prime minister and the leader of the opposition, for a term not exceeding five years. before entering upon the duties of his office, the parliamentary commissioner shall take and subscribe the oath of office before the speaker. subject to the provisions of subsection (7) of this section the parliamentary commissioner shall vacate his office at the expiration of the term for which he was appointed: provided that he shall vacate his office— if with his consent he is nominated for election as a representative or senator; or if he is appointed to any other office of emolument or engages in any other occupation for reward. if the office of parliamentary commissioner becomes vacant, an appointment to fill the office shall be made within ninety days of the occurrence of the vacancy: provided that the house may by resolution extend that period for further periods not exceeding in the aggregate one hundred and fifty days. a person holding the office of parliamentary commissioner may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. the parliamentary commissioner shall be removed from office by the president if the question of his removal from office has been referred to a tribunal appointed under subsection (8) of this section and the tribunal has recommended to the president that he ought to be removed for inability as aforesaid or for misbehaviour. if the president, acting after consultation with the prime minister and the leader of the opposition, considers that the question of removing the parliamentary commissioner under this section ought to be investigated— the president shall appoint a tribunal which shall consist of a chairman and not less than two other members selected by the chief justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from such a court; and the tribunal shall enquire into the matter and report on the facts thereof to the president and recommend to him whether the commissioner ought to be removed under this section. if the question of removing the parliamentary commissioner has been referred to a tribunal under this section, the president, acting after consultation with the prime minister and the leader of the opposition, may suspend the commissioner from the exercise of the functions of his office and any such suspension may at any time be revoked by the president, acting as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the president that the commissioner should not be removed. 109. deputy parliamentary commissioner there shall be a deputy parliamentary commissioner and the provisions of section 108 of this constitution shall apply in relation to the commissioner and his office as they apply in relation to the parliamentary commissioner and his office. the deputy parliamentary commissioner shall assist the parliamentary commissioner in the performance of the functions of his office and whenever that office is vacant or the holder of the office is for any reason unable to perform those functions, the deputy parliamentary commissioner shall perform those functions. 110. functions of commissioner subject to the provisions of this section and sections 111 and 112 of this constitution, the principal function of the parliamentary commissioner shall be to investigate any decision or recommendation made, including any advice given or recommendation made to a minister, or any act done or omitted by any department of government or any other authority to which this section applies, or by officers or members of such a department or authority, being action taken in exercise of the administrative functions of that department or authority. the parliamentary commissioner shall be provided with a staff adequate for the efficient discharge of his functions and the offices of the members of his staff shall be public offices. the parliamentary commissioner may investigate any such matter in any of the following circumstances: where a complaint is duly made to the commissioner by any person alleging that the complainant has sustained an injustice as a result of a fault in administration; where a member of the house requests the commissioner to investigate the matter on the ground that a person or body of persons specified in the request has or may have sustained such injustice; and in any other circumstances in which the commissioner considers that he ought to investigate the matter on the ground that some person or body of persons has or may have sustained such injustice. the authorities other than departments of government to which this section applies are— local authorities or other bodies established for purposes of the public service or of local government; authorities or bodies the majority of whose members are appointed by the president or by a minister or whose revenues consist wholly or mainly of moneys provided out of public funds; any authority empowered to determine the person with whom any contract shall be entered into by or on behalf of the government; and such other authorities as may be prescribed by parliament. 111. restrictions on matters for investigation in investigating any matter leading to, resulting from or connected with the decision of a minister, the parliamentary commissioner shall not inquire into or question the policy of the minister in accordance with which the decision was made. the parliamentary commissioner shall have power to investigate complaints of administrative injustice under section 110 notwithstanding that such complaints raise questions as to the integrity or corruption of the public service or any department or office of the public service, and may investigate any conditions resulting from, or calculated to facilitate or encourage, corruption in the public service, but he shall not undertake any investigation into specific charges of corruption against individuals. where in the course of an investigation it appears to the parliamentary commissioner that there is evidence of any corrupt act by any public officer or by any person in connection with the public service, he shall report the matter to the appropriate authority with his recommendation as to any further investigation he may consider proper. the parliamentary commissioner shall not investigate— any action in respect of which the complainant has or had— a remedy by way of proceedings in a court of law; or a right of appeal, reference or review to or before an independent and impartial tribunal other than a court of law; or any such action, or action taken with respect to any matter, as is described in schedule 3 to this constitution. notwithstanding the provisions of subsection (4) of this section the parliamentary commissioner— may investigate a matter notwithstanding that the complainant has or had a remedy by way of proceedings in a court of law if satisfied that in the particular circumstances it is not reasonable to expect him to take or to have taken such proceedings; is not in any case precluded from investigating any matter by reason only that it is open to the complainant to apply to the high court for redress under section 16 of this constitution (which relates to the enforcement of the fundamental rights and freedoms). 112. discretion of commissioner in determining whether to initiate, continue or discontinue an investigation, the parliamentary commissioner shall, subject to the provisions of sections 110 and 111 of this constitution, act in his discretion and, in particular and without prejudice to the generality of this discretion, the commissioner may refuse to initiate or may discontinue an investigation where it appears to him that— a complaint relates to action of which the complainant has knowledge for more than twelve months before the complaint was received by the commissioner; the subject matter of the complaint is trivial; the complaint is frivolous or vexatious or is not made in good faith; or the complainant has not a sufficient interest in the subject matter of the complaint. 113. report on investigation where a complaint or request for an investigation is duly made and the parliamentary commissioner decides not to investigate the matter or where he decides to discontinue an investigation of the matter, he shall inform the person who made the complaint or request of the reasons for his decision. upon the completion of an investigation the parliamentary commissioner shall inform the department of government or the authority concerned of the results of the investigation and if he is of the opinion that any person has sustained an injustice in consequence of a fault in administration, he shall inform the department of government or the authority of the reasons for his opinion and make such recommendations as he thinks fit. the parliamentary commissioner may in his original recommendations, or at any later stage if he thinks fit, specify the time within which the injustice should be remedied. where the investigation is undertaken as a result of a complaint or request, the parliamentary commissioner shall inform the person who made the complaint or request of his findings. where the matter is in the opinion of the parliamentary commissioner of sufficient public importance or where the commissioner has made a recommendation under subsection (2) of this section and within the time specified by him no sufficient action has been taken to remedy the injustice, then the commissioner shall make a special report to the house on the case. the parliamentary commissioner shall make annual reports to the house on the performance of his functions which shall include statistics in such form and in such detail as may be prescribed of the complaints received by him and the results of his investigations. 114. power to obtain evidence the parliamentary commissioner shall have the powers of the high court to summon witnesses to appear before him and to compel them to give evidence on oath and to produce documents relevant to the proceedings before him and all persons giving evidence at those proceedings shall have the same duties and liabilities and enjoy the same privileges as in the high court. the parliamentary commissioner shall have power to enter and inspect the premises of any department of government or any authority to which section 110 applies, to call for, examine and where necessary retain any document kept on such premises and there to carry out any investigation in pursuance of his functions. 115. prescribed matters concerning commissioner there shall be such provision as may be made by parliament— for regulating the procedure for the making of complaints and requests to the parliamentary commissioner and for the exercise of his functions; for conferring such powers on the commissioner and imposing duties on persons in connection with the due performance of his functions; and generally for facilitating the performance by the commissioner of his functions. the parliamentary commissioner may not be empowered to summon a minister or a parliamentary secretary to appear before him or to compel a minister or a parliamentary secretary to answer any questions relating to any matter under investigation by the commissioner. the parliamentary commissioner may not be empowered to summon any witness to produce any cabinet papers or to give any confidential income tax information. no complainant may be required to pay any fee in respect of his complaint or request or for any investigation to be made by the parliamentary commissioner. no proceedings, civil or criminal, may lie against the parliamentary commissioner, or against any person holding an office or appointment under him, for anything he may do or report or say in the course of the exercise or intended exercise of the functions of the commissioner under this constitution, unless it is shown that he acted in bad faith. the parliamentary commissioner, and any person holding office or appointment under him, may not be called to give evidence in any court of law, or in any proceedings of a judicial nature, in respect of anything coming to his knowledge in the exercise of his functions. anything said or any information supplied or any document, paper, or thing produced by any person in the course of any enquiry by or proceedings before the parliamentary commissioner under this constitution shall be privileged in the same manner as if the enquiry or proceedings were proceedings in a court of law. no proceedings of the parliamentary commissioner may be held bad for want of form, and, except on the ground of lack of jurisdiction, no proceeding or decision of the commissioner shall be liable to be challenged, reviewed, quashed or called in question in any court of law. chapter x. miscellaneous 116. declaration of republic dominica shall be a sovereign democratic republic. 117. supreme law this constitution is the supreme law of dominica and, subject to the provisions of this constitution, if any other law is inconsistent with this constitution, this constitution shall prevail and the other law shall, to the extent of the inconsistency, be void. 118. functions of president any reference in this constitution to the functions of the president shall be construed as a reference to his powers and duties in the exercise of the executive authority of dominica and to any other powers and duties conferred or imposed on him as president by or under this constitution or any other law. where by this constitution the president is required to perform any function after consultation with any person or authority he shall not be obliged to exercise that function in accordance with the advice of that person or authority. where by this constitution the president is required to perform any function in accordance with the advice of, or after consultation with, any person or authority, the question whether the president has so exercised that function shall not be enquired into in any court of law. 119. resignations the president may resign his office, and a representative or senator may resign his seat, by writing under his hand addressed to the speaker and the resignation shall take effect, and the office or seat shall accordingly become vacant, when the writing is received by— the speaker; if the office of speaker is vacant or the speaker is for any reason unable to perform the functions of his office and no other person is performing them, the deputy speaker; or if the office of deputy speaker is vacant or the deputy speaker is for any reason unable to perform the functions of his office and no other person is performing them, the clerk of the house. the speaker or the deputy speaker may resign his office by writing under his hand addressed to the house and the resignation shall take effect, and the office shall accordingly become vacant, when the writing is received by the clerk of the house. any person who has been appointed to an office established by this constitution (other than an office to which subsection (1) or (2) of this section applies) or any office of minister established under this constitution may resign that office by writing under his hand addressed to the person or authority by whom he was appointed and the resignation shall take effect, and the office shall accordingly become vacant— at such time or on such date (if any) as may be specified in the writing; or when the writing is received by the person or authority to whom it is addressed or by such other person as may be authorised to receive it, whichever is the later: provided that the resignation may be withdrawn before it takes effect if the person or authority to whom the resignation is addressed consents to its withdrawal. 120. re-appointment and concurrent appointments subject to the provisions of section 21(1) of this constitution, where any person has vacated any office established by this constitution or any office of minister established under this constitution, he may, if qualified, again be appointed or elected to hold that office in accordance with the provisions of this constitution. where this constitution vests in any person or authority the power to make any appointment to any office, a person may be appointed to that office, notwithstanding that some other person may be holding that office, when that other person is on leave of absence pending the relinquishment of the office; and where two or more persons are holding the same office by reason of an appointment made in pursuance of this subsection, then, for the purposes of any function conferred upon the holder of that office, the person last appointed shall be deemed to be the sole holder of the office. 121. interpretation in this constitution, unless the context otherwise requires— “agreement establishing the caribbean court of justice” means the agreement establishing the caribbean court of justice, signed at port of spain, trinidad on the 15th day of february, 2003, as amended by the protocol to the agreement establishing the caribbean court of justice relating to the judicial personality and legal capacity of the court signed at montego bay, jamaica on the 4th day of july, 2003, and any further amendments, and includes any amendments thereto which may hereafter have force in relation to and become part of the law of dominica; “caribbean court of justice” means the caribbean court of justice established under the agreement establishing the caribbean court of justice; “commonwealth citizen” has such meaning as parliament may by law prescribe; “dominica” means the commonwealth of dominica; “dollars” mean dollars in the currency of dominica; “financial year” means any period of twelve months beginning on 1st july in any year or such other date as may be prescribed by law; “the government” means the government of dominica; “the house” means the house of assembly; “the judicial committee” means the judicial committee of the privy council; “law” includes any instrument having the force of law and any unwritten rule of law and “lawful” and “lawfully” shall be construed accordingly; “minister” means a minister of the government and includes a temporary minister; “parliament” means the parliament of dominica; “oath” includes affirmation; “oath of allegiance” means such oath of allegiance as may be prescribed by law; “oath of office” means, in relation to any office, such oath for the due execution of that office as may be prescribed by law; “oath of secrecy” means such oath of secrecy as may be prescribed by law; “the police force” means the dominica police force and includes any other police force established to succeed to the functions of the dominica police force; “public office” means any office of emolument in the public service; “public officer” means a person holding or acting in any public office; “the public service” means, subject to the provisions of this section, the service in a civil capacity of the government; “session” means the period beginning when the house first meets after parliament has at any time been prorogued or dissolved and ending when parliament is prorogued or when parliament is dissolved without having been prorogued; “sitting” means the period during which the house is sitting continuously without adjournment and includes any period during which it is in committee; “speaker” and “deputy speaker” mean the respective persons holding office as speaker and deputy speaker of the house. in this constitution references to an office in the public service shall not be construed as including— references to the office of the speaker or deputy speaker, the prime minister or any other minister, a temporary minister, a parliamentary secretary or a member of the house, the parliamentary commissioner or the deputy parliamentary commissioner; references to the office of a member of any commission established by this constitution or a member of the advisory committee on the prerogative of mercy or a member of the public service board of appeal; references to the office of judge or officer of the supreme court; save insofar as may be provided by parliament, references to the office of a member of any other council, board, panel, committee or other similar body (whether incorporated or not) established by or under any law. in this constitution— references to the supreme court order include references to any law in force in dominica altering that order; references to the supreme court, the court of appeal, the high court and the judicial and legal services commission are references to the supreme court, the court of appeal, the high court and the judicial and legal services commission established by the supreme court order; references to the chief justice have the same meaning as in the supreme court order; references to a judge of the supreme court are references to a judge of the high court or the court of appeal and, unless the context otherwise requires, include references to a judge of the former supreme court of the windward islands and leeward islands; and references to officers of the supreme court are references to the chief registrar and other officers of the supreme court appointed under the supreme court order. in this constitution “the specified qualifications” means the professional qualifications specified by or under any law in force in dominica, one of which must be held by any person before he may apply under that law to be admitted to practise as a barrister or a solicitor in dominica. for the purposes of this constitution, a person shall not be regarded as holding an office by reason only of the fact that he is in receipt of a pension or other like allowance. in this constitution, unless the context otherwise requires, a reference to the holder of an office by the term designating his office shall be construed as including, to the extent of his authority, a reference to any person for the time being authorised to exercise the functions of that office. except in the case where this constitution provides for the holder of any office thereunder to be such person holding or acting in any other office as may for the time being be designated in that behalf by some other specified person or authority, no person may, without his consent, be nominated for election to any such office or be appointed to or to act therein or otherwise be selected therefor. references in this constitution to the power to remove a public officer from his office shall be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service: provided that— nothing in this subsection shall be construed as conferring on any person or authority the power to require the director of public prosecutions, the director of audit or the chief elections officer to retire from the public service; and any power conferred by any law to permit a person to retire from the public service shall, in the case of any public officer who may be removed from office by some person or authority other than a commission established by this constitution, vest in the public service commission. any provision in this constitution that vests in any person or authority the power to remove any public officer from his office shall be without prejudice to the power of any person or authority to abolish any office or to any law providing for the compulsory retirement of public officers generally or any class of public officer on attaining an age specified by or under that law. where this constitution vests in any person or authority the power to appoint any person to act in or to exercise the functions of any office if the holder thereof is himself unable to exercise those functions, no such appointment shall be called in question on the grounds that the holder of the office was not unable to exercise those functions. no provision of this constitution that any person or authority shall not be subject to the direction or control of any other person or authority in the exercise of any functions under this constitution shall be construed as precluding a court of law from exercising jurisdiction in relation to any question whether that person or authority has exercised those functions in accordance with this constitution or any other law. without prejudice to the provisions of section 32(3) of the interpretation act 1889 (as applied by subsection (14) of this section), where any power is conferred by this constitution to make any order, regulation or rule or give any direction or make any designation, the power shall be construed as including the power, exercisable in like manner and subject to the like conditions, if any, to amend or revoke any such order, regulation, rule, direction, or designation. in this constitution references to altering this constitution or any other law, or any provision thereof, include references— to revoking it, with or without re-enactment thereof or the making of different provision in lieu thereof; to modifying it whether by omitting or amending any of its provisions or inserting additional provisions in it or otherwise; and to suspending its operation for any period or terminating any such suspension. the interpretation act 1889 shall apply, with the necessary adaptations, for the purpose of interpreting this constitution and otherwise in relation thereto as it applies for the purpose of interpreting and in relation to acts of the parliament of the united kingdom. schedule 1. alteration of constitution and supreme court order part i. provisions of constitution referred to in section 42(2) chapter i; sections 18, 28 and 58; sections 29, 30, 33, 38, 40, 41, 49, 52, 53, 54, 55, 56 and 57; chapter v; sections 72, 84, 85, 86, 87, 88, 89, 90, 91, 92, 95 and 96; chapter viii; chapter ix; section 121 in its application to any of the provisions mentioned in this schedule; or schedule 2. part ii. provisions of the supreme court order referred to in section 42(2) sections 4, 5, 6, 8, 11, 18 and 19. schedule 2. rules concerning constituencies all constituencies shall contain as nearly equal numbers of inhabitants as appears to the constituency boundaries commission to be reasonably practicable but the commission may depart from this principle to such extent as it considers expedient to take account of the following factors, that is to say— the density of population, and in particular the need to ensure the adequate representation of sparsely populated rural areas; the means of communication; geographical features; and the boundaries of administrative areas. schedule 3. matters not subject to investigation by parliamentary commissioner action taken in matters certified by the attorney general to affect relations or dealings between the government and the government of any country or territory other than dominica or any international organisation. action taken in any country or territory outside dominica by or on behalf of any officer representing or acting under the authority of the government. action taken under any law relating to extradition or fugitive offenders. action taken for the purposes of investigating crime or of protecting the security of dominica. the commencement or conduct of civil or criminal proceedings before any court of law having jurisdiction in dominica or before any international court or tribunal. any exercise of the prerogative of mercy. action taken in matters relating to contractual or other commercial transactions, being transactions of a department of government or an authority to which section 110 applies but not being transactions for or relating to— the acquisition of land compulsorily or in circumstances in which it could be acquired compulsorily; the disposal as surplus of land acquired compulsorily or in circumstances in which it could have been acquired compulsorily. action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters in relation to service in any office or employment in the public service or under any authority as may be prescribed by law. any matter relating to any person who is or was a member of the armed forces of dominica in so far as the matter relates to— the terms and conditions of his service as such; or any order, command, penalty or punishment given to or affecting in his capacity as such. any action which by virtue of any provision of this constitution may not be enquired into by any court of law. preamble in the name of the holy and consubstantial and indivisible trinity part 1. basic provisions section i. the form of government article 1 the form of government of greece is that of a parliamentary republic. popular sovereignty is the foundation of government. all powers derive from the people and exist for the people and the nation; they shall be exercised as specified by the constitution. article 2 respect and protection of the value of the human being constitute the primary obligations of the state. greece, adhering to the generally recognised rules of international law, pursues the strengthening of peace and of justice, and the fostering of friendly relations between peoples and states. section ii. relations of church and state article 3 the prevailing religion in greece is that of the eastern orthodox church of christ. the orthodox church of greece, acknowledging our lord jesus christ as its head, is inseparably united in doctrine with the great church of christ in constantinople and with every other church of christ of the same doctrine, observing unwaveringly, as they do, the holy apostolic and synodal canons and sacred traditions. it is autocephalous and is administered by the holy synod of serving bishops and the permanent holy synod originating thereof and assembled as specified by the statutory charter of the church in compliance with the provisions of the patriarchal tome of june 29, 1850 and the synodal act of september 4, 1928. the ecclesiastical regime existing in certain districts of the state shall not be deemed contrary to the provisions of the preceding paragraph. the text of the holy scripture shall be maintained unaltered. official translation of the text into any other form of language, without prior sanction by the autocephalous church of greece and the great church of christ in constantinople, is prohibited. part 2. individual and social rights article 4 all greeks are equal before the law. greek men and women have equal rights and equal obligations. all persons possessing the qualifications for citizenship as specified by law are greek citizens. withdrawal of greek citizenship shall be permitted only in case of voluntary acquisition of another citizenship or of undertaking service contrary to national interests in a foreign country, under the conditions and procedures more specifically provided by law. only greek citizens shall be eligible for public service, except as otherwise provided by special laws. greek citizens contribute without distinction to public charges in proportion to their means. every greek capable of bearing arms is obliged to contribute to the defence of the fatherland as provided by law. titles of nobility or distinction are neither conferred upon nor recognized in greek citizens. interpretative clause the provision of paragraph 6 does not preclude that the law provides for the mandatory performance of other services, within or outside the armed forces (alternative service), by those having a substantiated conscientious objection to performing armed service or, generally, military duties. article 5 all persons shall have the right to develop freely their personality and to participate in the social, economic and political life of the country, insofar as they do not infringe the rights of others or violate the constitution and the good usages. all persons living within the greek territory shall enjoy full protection of their life, honour and liberty irrespective of nationality, race or language and of religious or political beliefs. exceptions shall be permitted only in cases provided by international law. the extradition of aliens prosecuted for their action as freedom-fighters shall be prohibited. personal liberty is inviolable. no one shall be prosecuted, arrested, imprisoned or otherwise confined except when and as the law provides. individual administrative measures restrictive of the free movement or establishment in the country, and of the free exit and entrance therein of any greek are prohibited. restrictive measures of such content may only be imposed as an attendant penalty by a criminal court ruling, in exceptional cases of emergency and only in order to prevent the commitment of criminal acts, as specified by law. all persons have the right to the protection of their health and of their genetic identity. matters relating to the protection of every person against biomedical interventions shall be specified by law. interpretative clause paragraph 4 does not preclude the prohibition of exit from the country for persons being prosecuted on criminal charges by act of the public prosecutor, or the imposition of measures necessary for the protection of public health or the health of sick persons, as specified by law. article 5a all persons have the right to information, as specified by law. restrictions to this right may be imposed by law only insofar as they are absolutely necessary and justified for reasons of national security, of combating crime or of protecting rights and interests of third parties. all persons have the right to participate in the information society. facilitation of access to electronically transmitted information, as well as of the production, exchange and diffusion thereof, constitutes an obligation of the state, always in observance of the guarantees of articles 9, 9a and 19. article 6 no person shall be arrested or imprisoned without a reasoned judicial warrant which must be served at the moment of arrest or detention pending trial, except when caught in the act of committing a crime. a person who is arrested in the act of committing a crime or on a warrant shall be brought before the competent examining magistrate within twenty-four hours of his arrest at the latest; should the arrest be made outside the seat of the examining magistrate, within the shortest time required to transfer him thereto. the examining magistrate must, within three days from the day the person was brought before him, either release the detainee or issue a warrant of imprisonment. upon application of the person brought before him or in case of force majeure confirmed by decision of the competent judicial council, this time-limit shall be extended by two days. should either of these time-limits elapse before action has been taken, any warden or other officer, civil or military servant, responsible for the detention of the arrested person must release him immediately. violators shall be punished for illegal detention and shall be liable to restore any damage caused to the sufferer and to pay him a monetary compensation for pain and suffering, as specified by law. the maximum duration of detention pending trial shall be specified by law; such detention may not exceed a period of one year in the case of felonies or six months in the case of misdemeanours. in entirely exceptional cases, these maximum limits may be extended by six or three months respectively, by decision of the competent judicial council. it is prohibited to exceed these maximum limits of detention pending trial, by successively applying this measure to separate acts of the same case. article 7 there shall be no crime, nor shall punishment be inflicted unless specified by law in force prior to the perpetration of the act, defining the constitutive elements of the act. in no case shall punishment more severe than that specified at the time of the perpetration of the act be inflicted. torture, any bodily maltreatment, impairment of health or the use of psychological violence, as well as any other offence against human dignity are prohibited and punished as provided by law. the general confiscation of property is prohibited. the death penalty shall not be imposed, except in the cases provided by law for felonies perpetrated in time of war and related thereto. the conditions under which the state, following a judicial decision, shall indemnify persons unjustly or illegally convicted, detained pending trial, or otherwise deprived of their personal liberty shall be provided by law. article 8 no person shall be deprived of the judge assigned to him by law against his will. judicial committees or extraordinary courts, under any name whatsoever, shall not be constituted. article 9 every person's home is a sanctuary. the private and family life of the individual is inviolable. no home search shall be made, except when and as specified by law and always in the presence of representatives of the judicial power. violators of the preceding provision shall be punished for violating the home's asylum and for abuse of power, and shall be liable for full damages to the sufferer, as specified by law. article 9a all persons have the right to be protected from the collection, processing and use, especially by electronic means, of their personal data, as specified by law. the protection of personal data is ensured by an independent authority, which is constituted and operates as specified by law. article 10 each person, acting on his own or together with others, shall have the right, observing the laws of the state, to petition in writing public authorities, who shall be obliged to take prompt action in accordance with provisions in force, and to give a written and reasoned reply to the petitioner as provided by law. prosecution of the person who has submitted a petition for punishable acts contained therein shall be permitted only after notification of the final decision of the authority to which the petition was addressed has taken place and after permission of this authority has been obtained. the competent service or authority is obliged to reply to requests for the provision of information and for the supply of documents, especially certificates, supporting documents and attestations, within a set deadline not exceeding 60 days, as specified by law. in case this deadline elapses without action or in case of unlawful refusal, in addition to any other sanctions and consequences at law, special monetary compensation is also paid to the applicant, as specified by law. article 11 greeks shall have the right to assemble peaceably and unarmed. the police may be present only at outdoor public assemblies. outdoor assemblies may be prohibited by a reasoned police authority decision, in general if a serious threat to public security is imminent, and in a specific area, if a serious disturbance of social and economic life is threatened, as specified by law. article 12 greeks shall have the right to form nonprofit associations and unions, in compliance with the law, which, however, may never subject the exercise of this right to prior permission. an association may not be dissolved for violation of the law or of a substantial provision of its statutes, except by court judgment. the provisions of the preceding paragraph shall apply, as the case may be, to unions of persons not constituting an association. agricultural and urban cooperatives of all types shall be self-governed according to the provisions of the law and of their statutes: they shall be under the protection and supervision of the state which is obliged to provide for their development. establishment by law of compulsory cooperatives serving purposes of common benefit or public interest or common exploitation of farming areas or other wealth producing sources shall be permitted, on condition however that the equal treatment of all participants shall be assured. article 13 freedom of religious conscience is inviolable. the enjoyment of civil rights and liberties does not depend on the individual's religious beliefs. all known religions shall be free and their rites of worship shall be performed unhindered and under the protection of the law. the practice of rites of worship is not allowed to offend public order or the good usages. proselytism is prohibited. the ministers of all known religions shall be subject to the same supervision by the state and to the same obligations towards it as those of the prevailing religion. no person shall be exempt from discharging his obligations to the state or may refuse to comply with the laws by reason of his religious convictions. no oath shall be imposed or administered except as specified by law and in the form determined by law. article 14 every person may express and propagate his thoughts orally, in writing and through the press in compliance with the laws of the state. the press is free. censorship and all other preventive measures are prohibited. the seizure of newspapers and other publications before or after circulation is prohibited. seizure by order of the public prosecutor shall be allowed exceptionally after circulation and in case of: an offence against the christian or any other known religion, an insult against the person of the president of the republic, a publication which discloses information on the composition, equipment and set-up of the armed forces or the fortifications of the country, or which aims at the violent overthrow of the regime or is directed against the territorial integrity of the state, an obscene publication which is obviously offensive to public decency, in the cases stipulated by law. in all the cases specified under the preceding paragraph, the public prosecutor must, within twenty-four hours from the seizure, submit the case to the judicial council which, within the next twenty-four hours, must rule whether the seizure is to be maintained or lifted; otherwise it shall be lifted ipso jure. an appeal may be lodged with the court of appeals and the supreme civil and criminal court by the publisher of the newspaper or other printed matter seized and by the public prosecutor. every person offended by an inaccurate publication or broadcast has the right to reply. and the information medium has a corresponding obligation for full and immediate redress. every person offended by an insulting or defamatory publication or broadcast has also the right to reply, and the information medium has a corresponding obligation to immediately publish or transmit the reply. the manner in which the right to reply is exercised and in which full and immediate redress is assured or publication and transmission of the reply is made, shall be specified by law. after at least three convictions within five years for the criminal acts defined under paragraph 3, the court shall order the definitive ban or the temporary suspension of the publication of the paper and, in severe cases, shall prohibit the convicted person from practising the profession of journalist as specified by law. the ban or suspension of publication shall be effective as of the date the court order becomes irrevocable. matters relating to the civil and criminal liability of the press and of the other information media and to the expeditious trial of relevant cases, shall be specified by law. the conditions and qualifications requisite for the practice of the profession of journalist shall be specified by law. the ownership status, the financial situation and the means of financing of information media must be made known as specified by law. the measures and restrictions necessary for fully ensuring transparency and plurality in information shall be specified by law. the concentration of the control of more than one information media of the same type or of different types is prohibited. more specifically, concentration of more than one electronic information media of the same type is prohibited, as specified by law. the capacity of owner, partner, major shareholder or managing director of an information media enterprise, is incompatible with the capacity of owner, partner, major shareholder or managing director of an enterprise that undertakes towards the public administration or towards a legal entity of the wider public sector to perform works or to supply goods or services. the prohibition of the previous section extends also over all types of intermediary persons, such as spouses, relatives, financially dependent persons or companies. the specific regulations, the sanctions, which may extend to the point of revocation of the license of a radio or television station and to the point of prohibition of the conclusion or to the annulment of the pertinent contract, as well as the means of control and the guarantees for the prevention of infringements of the previous sections, shall be determined by law. article 15 the protective provisions for the press in the preceding article shall not be applicable to films, sound recordings, radio, television or any other similar medium for the transmission of speech or images. radio and television shall be under the direct control of the state. the control and imposition of administrative sanctions belong to the exclusive competence of the national radio and television council, which is an independent authority, as specified by law. the direct control of the state, which may also assume the form of a prior permission status, shall aim at the objective and on equal terms transmission of information and news reports, as well as of works of literature and art, at ensuring the quality level of programs mandated by the social mission of radio and television and by the cultural development of the country, as well as at the respect of the value of the human being and the protection of childhood and youth. matters relating to the mandatory and free of charge transmission of the workings of the parliament and of its committees, as well as of the electoral campaign messages of the political parties by radio and television, shall be specified by law. article 16 art and science, research and teaching shall be free and their development and promotion shall be an obligation of the state. academic freedom and freedom of teaching shall not exempt anyone from his duty of allegiance to the constitution. education constitutes a basic mission for the state and shall aim at the moral, intellectual, professional and physical training of greeks, the development of national and religious consciousness and at their formation as free and responsible citizens. the number of years of compulsory education shall be no less than nine. all greeks are entitled to free education on all levels at state educational institutions. the state shall provide financial assistance to those who distinguish themselves, as well as to students in need of assistance or special protection, in accordance with their abilities. education at university level shall be provided exclusively by institutions which are fully self-governed public law legal persons. these institutions shall operate under the supervision of the state and are entitled to financial assistance from it; they shall operate on the basis of statutorily enacted by-laws. merging or splitting of university level institutions may take place notwithstanding any contrary provisions, as a law shall provide. a special law shall define all matters pertaining to student associations and the participation of students therein. professors of university level institutions shall be public functionaries. the remaining teaching personnel likewise perform a public function, under the conditions specified by law. the statutes of respective institutions shall define matters relating to the status of all the above. professors of university level institutions shall not be dismissed prior to the lawful termination of their term of service, except in the cases of the substantive conditions provided by article 88 paragraph 4 and following a decision by a council constituted in its majority of highest judicial functionaries, as specified by law. the retirement age of professors of university level institutions shall be determined by law; until such law is issued, professors on active service shall retire ipso jure at the end of the academic year at which they have reached the age of sixty-seven. professional and any other form of special education shall be provided by the state, through schools of a higher level and for a time period not exceeding three years, as specifically provided by law which also defines the professional rights of the graduates of such schools. the conditions and terms for granting a license for the establishment and operation of schools not owned by the state, the supervision of such and the professional status of teaching personnel therein shall be specified by law. the establishment of university level institutions by private persons is prohibited. athletics shall be under the protection and the ultimate supervision of the state. the state shall make grants to and shall control all types of athletic associations, as specified by law. the use of grants in accordance with the purpose of the associations receiving them shall also be specified by law. article 17 property is under the protection of the state; rights deriving there from, however, may not be exercised contrary to the public interest. no one shall be deprived of his property except for public benefit which must be duly proven, when and as specified by statute and always following full compensation corresponding to the value of the expropriated property at the time of the court hearing on the provisional determination of compensation. in cases in which a request for the final determination of compensation is made, the value at the time of the court hearing of the request shall be considered. if the court hearing for the final determination of compensation takes place after one year has elapsed from the court hearing for the provisional determination, then, for the determination of the compensation the value at the time of the court hearing for the final determination shall be taken into account. in the decision declaring an expropriation, specific justification must be made of the possibility to cover the compensation expenditure. provided that the beneficiary consents thereto, the compensation may be also paid in kind, especially in the form of granting ownership over other property or of granting rights over other property. any change in the value of expropriated property occurring after publication of the act of expropriation and resulting exclusively there from shall not be taken into account. compensation is determined by the competent courts. such compensation may also be determined provisionally by the court after hearing or summoning the beneficiary, who may be obliged, at the discretion of the court, to furnish a commensurate guarantee in order to collect the compensation, as provided by the law. notwithstanding article 94, a law may provide for the establishment of a uniform jurisdiction, for all disputes and cases relating to expropriation, as well as for conducting the relevant trials as a matter of priority. the manner in which pending trials are continued, may be regulated by the same law. prior to payment of the final or provisional compensation, all rights of the owner shall remain intact and occupation of the property shall not be allowed. in order for works of a general importance for the economy of the country to be carried out, it is possible that, by special decision of the court which is competent for the final or the provisional determination of the compensation, the execution of works even prior to the determination and payment of the compensation is allowed, provided that a reasonable part of the compensation is paid and that full guarantee is provided in favour of the beneficiary of the compensation, as provided by law. the second period of the first section applies accordingly also to these cases. compensation in the amount determined by the court must in all cases be paid within one and one half years at the latest from the date of publication of the decision regarding provisional determination of compensation payable, and in cases of a direct request for the final determination of compensation, from the date of publication of the court ruling, otherwise the expropriation shall be revoked ipso jure. the compensation as such is exempt from any taxes, deductions or fees. the cases in which compulsory compensation shall be paid to the beneficiaries for lost income from expropriated property until the time of payment of the compensation shall be specified by law. in the case of execution of works serving the public benefit or being of a general importance to the economy of the country, a law may allow the expropriation in favour of the state of wider zones beyond the areas necessary for the execution of the works. the said law shall specify the conditions and terms of such expropriation, as well as the matters pertaining to the disposal for public or public utility purposes in general, of areas expropriated in excess of those required. the digging of underground tunnels at the appropriate depth without compensation, may be allowed by law for the execution of works of evident public utility for the state, public law legal persons, local government agencies, public utility agencies and public enterprises, on condition that the normal exploitation of the property situated above shall not be hindered. article 18 the ownership and disposal of mines, quarries, caves, archaeological sites and treasures, mineral, running and underground waters and underground resources in general, shall be regulated by special laws. the ownership, exploitation and administration of lagoons and large lakes, as well as the general disposal of areas resulting from the draining of such, shall be regulated by law. requisitions of property for the needs of the armed forces in case of war or mobilization, or for the purpose of facing an immediate social emergency that may endanger public order or health, shall be regulated by special laws. the redistribution of agricultural areas for the purpose of exploiting the land more profitably, as well as the adoption of measures to prevent excessive parcelling or to facilitate restructuring of small parcelled farm holdings, shall be allowed in accordance with the procedure specified by special law. in addition to the cases specified in the preceding paragraphs, the law may provide for other necessary deprivations of the free use and enjoyment of property, owing to special circumstances. the law shall specify the obligor and the procedure of payment to the person entitled to compensation for the use or enjoyment, which must be commensurate to the conditions present on each occasion. measures imposed in accordance with this paragraph shall be lifted as soon as the special reasons that necessitated them cease to exist. in case of undue prolongation of the measures, the supreme administrative court shall decide on their revocation, by categories of cases, upon recourse by any person having a legitimate interest. a law may regulate the disposal of abandoned lands for the purpose of revalorising them to the benefit of the national economy and the rehabilitation of destitute farmers. the same law shall provide for the matters of partial or full compensation of owners, in case of their reappearance within a reasonable time limit. compulsory joint ownership of adjoining properties in urban areas may be introduced by law, if independent rebuilding on the said properties or some of them does not conform with the applicable or prospective building regulations in the area. farmlands belonging to the patriarchal monasteries of aghia anastasia pharmacolytria in chalkidiki, of vlatadhes in thessaloniki and ioannis the evangelist theologos in patmos, with the exception of the dependencies thereof, cannot be subject to expropriation. likewise the property in greece of the patriarchates of alexandria, antiocheia and jerusalem and that of the holy monastery of mount sinai cannot be subject to expropriation. article 19 secrecy of letters and all other forms of free correspondence or communication shall be absolutely inviolable. the guaranties under which the judicial authority shall not be bound by this secrecy for reasons of national security or for the purpose of investigating especially serious crimes, shall be specified by law. matters relating to the constitution, the operation and the functions of the independent authority ensuring the secrecy of paragraph 1 shall be specified by law. use of evidence acquired in violation of the present article and of articles 9 and 9a is prohibited. article 20 every person shall be entitled to receive legal protection by the courts and may plead before them his views concerning his rights or interests, as specified by law. the right of a person to a prior hearing also applies in any administrative action or measure adopted at the expense of his rights or interests. article 21 the family, being the cornerstone of the preservation and the advancement of the nation, as well as marriage, motherhood and childhood, shall be under the protection of the state. families with many children, disabled war and peace-time veterans, war victims, widows and orphans, as well as persons suffering from incurable bodily or mental ailments are entitled to the special care of the state. the state shall care for the health of citizens and shall adopt special measures for the protection of youth, old age, disability and for the relief of the needy. the acquisition of a home by the homeless or those inadequately sheltered shall constitute an object of special state care. planning and implementing a demographic policy, as well as taking of all necessary measures, is an obligation of the state. people with disabilities have the right to benefit from measures ensuring their self-sufficiency, professional integration and participation in the social, economic and political life of the country. article 22 work constitutes a right and shall enjoy the protection of the state, which shall care for the creation of conditions of employment for all citizens and shall pursue the moral and material advancement of the rural and urban working population. all workers, irrespective of sex or other distinctions, shall be entitled to equal pay for work of equal value. general working conditions shall be determined by law, supplemented by collective labour agreements concluded through free negotiations and, in case of the failure of such, by rules determined by arbitration. the matters relating to the conclusion of collective labour agreements by civil servants and the servants of local government agencies or of other public law legal persons, shall be specified by law. any form of compulsory work is prohibited. special laws shall determine the requisition of personal services in case of war or mobilization or to face defence needs of the country or urgent social emergencies resulting from disasters or liable to endanger public health, as well as the contribution of personal work to local government agencies to satisfy local needs. the state shall care for the social security of the working people, as specified by law. interpretative clause the general working conditions include the definition of the manner of collection and the agent obliged to collect and return to trade unions membership fees specified in their respective by-laws. article 23 the state shall adopt due measures safeguarding the freedom to unionise and the unhindered exercise of related rights against any infringement thereon within the limits of the law. strike constitutes a right to be exercised by lawfully established trade unions in order to protect and promote the financial and the general labour interests of working people. strikes of any nature whatsoever are prohibited in the case of judicial functionaries and those serving in the security corps. the right to strike shall be subject to the specific limitations of the law regulating this right in the case of public servants and employees of local government agencies and of public law legal persons as well as in the case of the employees of all types of enterprises of a public nature or of public benefit, the operation of which is of vital importance in serving the basic needs of the society as a whole. these limitations may not be carried to the point of abolishing the right to strike or hindering the lawful exercise thereof. article 24 the protection of the natural and cultural environment constitutes a duty of the state and a right of every person. the state is bound to adopt special preventive or repressive measures for the preservation of the environment in the context of the principle of sustainable development. matters pertaining to the protection of forests and forest expanses in general shall be regulated by law. the compilation of a forest registry constitutes an obligation of the state. alteration of the use of forests and forest expanses is prohibited, except where agricultural development or other uses imposed for the public interest prevail for the benefit of the national economy. the master plan of the country, and the arrangement, development, urbanisation and expansion of towns and residential areas in general, shall be under the regulatory authority and the control of the state, in the aim of serving the functionality and the development of settlements and of securing the best possible living conditions. the relevant technical choices and considerations are conducted according to the rules of science. the compilation of a national cadastre constitutes an obligation of the state. for the purpose of designating an area as residential and of activating its urbanisation, properties included therein must participate, without compensation from the respective agencies, in the disposal of land necessary for the construction of roads, squares and public utility areas in general, and contribute toward the expenses for the execution of the basic public urban works, as specified by law. the law may provide for the participation of property owners of an area designated as residential in the development and general accommodation of that area, on the basis of an approved town plan, in exchange for real estate or apartments of equal value in the parts of such areas that shall finally be designated as suitable for construction or in buildings of the same area. the provisions of the preceding paragraphs shall also be applicable in the rehabilitation of existing residential areas. spaces remaining free after rehabilitation shall be allotted to the creation of common utility areas or shall be sold to cover expenses incurred for the rehabilitation, as specified by law. monuments and historic areas and elements shall be under the protection of the state. a law shall provide for measures restrictive of private ownership deemed necessary for protection thereof, as well as for the manner and the kind of compensation payable to owners. interpretative clause by forest or forest ecosystem is meant the organic whole of wild plants with woody trunk on the necessary area of ground which, together with the flora and fauna co-existing there, constitute, by means of their mutual interdependence and interaction, a particular biocoenosis (forest biocoenosis) and a particular natural environment (forest-derived). a forest expanse exists when the wild woody vegetation, either high or shrubbery, is sparse. article 25 the rights of the human being as an individual and as a member of the society and the principle of the welfare state rule of law are guaranteed by the state. all agents of the state shall be obliged to ensure the unhindered and effective exercise thereof. these rights also apply to the relations between individuals to which they are appropriate. restrictions of any kind which, according to the constitution, may be imposed upon these rights, should be provided either directly by the constitution or by statute, should a reservation exist in the latter's favour, and should respect the principle of proportionality. the recognition and protection of the fundamental and inalienable rights of man by the state aims at the achievement of social progress in freedom and justice. the abusive exercise of rights is not permitted. the state has the right to claim of all citizens to fulfil the duty of social and national solidarity. part 3. organization and functions of the state section i. structure of the state article 26 the legislative powers shall be exercised by the parliament and the president of the republic. the executive powers shall be exercised by the president of the republic and the government. the judicial powers shall be exercised by courts of law, the decisions of which shall be executed in the name of the greek people. article 27 no change in the boundaries of the country can be made without a statute passed by an absolute majority of the total number of members of parliament. foreign military forces are not acceptable on greek territory, nor may they remain in or traverse it, except as provided by law passed by an absolute majority of the total number of members of parliament. article 28 the generally recognised rules of international law, as well as international conventions as of the time they are ratified by statute and become operative according to their respective conditions, shall be an integral part of domestic greek law and shall prevail over any contrary provision of the law. the rules of international law and of international conventions shall be applicable to aliens only under the condition of reciprocity. authorities provided by the constitution may by treaty or agreement be vested in agencies of international organizations, when this serves an important national interest and promotes cooperation with other states. a majority of three-fifths of the total number of members of parliament shall be necessary to vote the law ratifying the treaty or agreement. greece shall freely proceed by law passed by an absolute majority of the total number of members of parliament to limit the exercise of national sovereignty, insofar as this is dictated by an important national interest, does not infringe upon the rights of man and the foundations of democratic government and is effected on the basis of the principles of equality and under the condition of reciprocity. interpretative clause 'article 28' constitutes the foundation for the participation of the country in the european integration process. article 29 greek citizens possessing the right to vote may freely found and join political parties, the organization and activity of which must serve the free functioning of democratic government. citizens who have not yet acquired the right to vote may participate in youth sections of parties. political parties are entitled to receive financial support by the state for their electoral and operating expenses, as specified by law. a statute shall specify the guarantees of transparency concerning electoral expenses and, in general, the financial management of political parties, of members of parliament, parliamentary candidates and candidates for all degrees of local government. a statute shall impose the maximum limit of electoral expenses, may prohibit certain forms of pre-electoral promotion and shall specify the conditions under which violation of the relevant provisions constitutes a ground for the forfeiture of parliamentary office on the initiative of the special body of the following section. the audit of the electoral expenses of political parties and parliamentary candidates is carried out by a special body which is constituted also with the participation of senior magistrates, as specified by law. a law may also extend these regulations to candidates for other offices held through election. manifestations of any nature whatsoever in favour of or against a political party by magistrates and by those serving in the armed forces and the security corps, are absolutely prohibited. in the exercise of their duties, manifestations of any nature whatsoever in favour of or against a political party by public servants, employees of local government agencies, of other public law legal persons or of public enterprises or of enterprises of local government agencies or of enterprises whose management is directly or indirectly appointed by the state, by administrative act or by virtue of its capacity as shareholder, are absolutely prohibited. section ii. the president of the republic chapter 1. election of the president article 30 1. the president of the republic shall regulate the function of the institutions of the republic. he shall be elected by parliament for a term of five years, as specified in articles 32 and 33. the office of the president shall be incompatible with any other office, position or function. the presidential tenure commences upon the swearing-in of the president. in case of war, the presidential tenure shall be extended until termination of the war. re-election of the same person as president is permitted only once. article 31 president of the republic may be elected a person who is a greek citizen for at least five years, is of greek descent from the father's or mother's line, has attained the age of forty and has the capacity to vote. article 32 the president of the republic shall be elected by the parliament through vote by roll call in a special sitting called for this purpose by the speaker at least one month before the expiration of the tenure of the incumbent president, as specified by the standing orders. in case of permanent incapacity of the president of the republic to discharge his duties, as specified in paragraph 2 of article 34, as well as in case of his resignation, demise, or removal from office in accordance with the provisions of the constitution, the sitting of parliament in order to elect a new president is called within ten days at the latest from the premature termination of the tenure of office by the previous president. in all cases, the election of a president shall be made for a full term. the person receiving a two-thirds majority of the total number of members of parliament shall be elected president of the republic. should the said majority not be attained, the ballot shall be repeated after five days. should the second ballot fail to produce the required majority, the ballot shall once more be repeated after five days; the person receiving a three-fifths majority of the total number of members of parliament shall be elected president of the republic. should the third ballot fail to produce the said qualified majority, parliament shall be dissolved within ten days of the ballot, and elections for a new parliament shall be called. as soon as the parliament thus elected shall have constituted itself as a body, it shall proceed through vote by roll call to elect the president of the republic by a three-fifths majority of the total number of members of parliament. should the said majority not be attained, the ballot shall be repeated within five days and the person receiving an absolute majority of the votes of the total number of members of parliament shall be elected president of the republic. should this majority also not be attained, the ballot shall once more be repeated after five days between the two persons with the highest number of votes, and the person receiving a relative majority shall be deemed elected president of the republic. should the parliament be absent, a special session shall be convoked to elect the president of the republic, as specified in paragraph 4. if the parliament has been dissolved in any way whatsoever, the election of the president of the republic shall be postponed until the new parliament shall have constituted itself as a body and within twenty days at the latest thereof, as specified in paragraphs 3 and 4 and in adherence with the provisions of paragraph i of article 34. should the procedure specified under the preceding paragraphs for the election of a new president not be completed on time, the incumbent president of the republic shall continue to discharge his duties even after his term of office has expired, until a new president of the republic is elected. interpretative clause a president of the republic who has resigned prior to the expiration of his tenure may not be a candidate in the elections resulting from his resignation. article 33 the president-elect shall assume the exercise of his duties on the day following the expiration of the term of the outgoing president or, in all other cases, on the day following his election. before assuming the exercise of his duties, the president of the republic shall take the following oath before parliament: "i do swear in the name of the holy and consubstantial and indivisible trinity to safeguard the constitution and the laws, to care for the faithful observance thereof, to defend the national independence and territorial integrity of the country, to protect the rights and liberties of the greeks and to serve the general interest and the progress of the greek people". a statute shall provide for the civil list of the president of the republic and the functioning of services necessary for the discharge of his duties. article 34 should the president of the republic be absent abroad for more than ten days, or be deceased or resign or be removed from office or be incapable on any ground for the discharge of his duties, he shall be temporarily replaced by the speaker of the parliament; or if there is no parliament, by the speaker of the preceding parliament and, should the latter refuse or not exist, by the cabinet collectively. during the term of replacement of the president, the provisions concerning the dissolution of parliament, except in the case specified in article 32 paragraph 4, as well as the provisions relating to the dismissal of the cabinet and recourse to a referendum as specified in article 38 paragraph 2 and article 44 paragraph 2, shall not be applicable. should the incapacity of the president of the republic to discharge his duties be prolonged for a period exceeding thirty days, the parliament is mandatorily convoked even if it has been dissolved, for the purpose of deciding, by a three-fifths majority of the total number of its members, if the situation calls for the election of a new president. in no case however may the election of a new president of the republic be delayed for more than six months from the commencement of his replacement due to his incapacity. chapter 2. powers and liability from the acts of the president article 35 no act of the president of the republic shall be valid nor be executed unless it has been countersigned by the competent minister who, by his signature alone shall be rendered responsible, and unless it has been published in the government gazette. if the cabinet has been relieved of its duties as provided by article 38 paragraph 1, and the prime minister fails to countersign the relative decree, this shall be signed by the president of the republic alone. by exception, the following acts shall not require countersignature: the appointment of the prime minister, the assignment of an exploratory mandate in accordance with article 37, paragraphs 2, 3 and 4, the dissolution of the parliament in accordance with articles 32 paragraph 4, and 41 paragraph 1, if the prime minister fails to countersign, and in accordance with article 53 paragraph 1 if the cabinet fails to countersign, the return to parliament of a voted bill or law proposal in accordance with article 42 paragraph 1, the staff appointments to the administrative services of the presidency of the republic. the decree to proclaim a referendum on a bill, as provided by article 44 paragraph 2, shall be countersigned by the speaker of the parliament. article 36 the president of the republic, complying absolutely with the provisions of article 35 paragraph 1, shall represent the state internationally, declare war, conclude treaties of peace, alliance, economic cooperation and participation in international organizations or unions and he shall announce them to the parliament with the necessary clarifications, whenever the interest and the security of the state thus allow. conventions on trade, taxation, economic cooperation and participation in international organizations or unions and all others containing concessions for which, according to other provisions of this constitution, no provision can be made without a statute or which may burden the greeks individually, shall not be operative without ratification by a statute voted by the parliament. secret articles of a treaty may in no case reverse the open ones. the ratification of international treaties may not be the object of delegation of legislative power as specified in article 43 paragraphs 2 and 4. article 37 the president of the republic shall appoint the prime minister and on his recommendation shall appoint and dismiss the other members of the cabinet and the undersecretaries. the leader of the party having the absolute majority of seats in parliament shall be appointed prime minister. if no party has the absolute majority, the president of the republic shall give the leader of the party with a relative majority an exploratory mandate in order to ascertain the possibility of forming a government enjoying the confidence of the parliament. if this possibility cannot be ascertained, the president of the republic shall give the exploratory mandate to the leader of the second largest party in parliament, and if this proves to be unsuccessful, to the leader of the third largest party in parliament. each exploratory mandate shall be in force for three days. if all exploratory mandates prove to be unsuccessful, the president of the republic summons all party leaders, and if the impossibility to form a cabinet enjoying the confidence of the parliament is confirmed, he shall attempt to form a cabinet composed of all parties in parliament for the purpose of holding parliamentary elections. if this fails, he shall entrust the president of the supreme administrative court or of the supreme civil and criminal court or of the court of audit to form a cabinet as widely accepted as possible to carry out elections and dissolves parliament. in cases that a mandate to form a cabinet or an exploratory mandate is given in accordance with the aforementioned paragraphs, if the party has no leader or party spokesman, or if the leader or party spokesman has not been elected to parliament, the president of the republic shall give the mandate to a person proposed by the party's parliamentary group. the proposal for the assignment of a mandate must occur within three days of the speaker's or his deputy's communication to the president of the republic about the number of seats possessed by each party in parliament; the aforesaid communication must take place before any mandate is given. interpretative clause as far as exploratory mandates are concerned, when parties have an equal number of seats in parliament, the one having acquired more votes at the elections, precedes the other. a recently formed party with a parliamentary group, as provided by the standing orders of parliament, follows an older one with an equal number of seats. in both these instances, exploratory mandates cannot be given to more than four parties. article 38 the president of the republic shall relieve the cabinet from its duties if the cabinet resigns, or if parliament withdraws its confidence, as specified in article 84. in such cases, the provisions of paragraphs 2, 3 and 4 of article 37 are analogously applied. if the prime minister of the resigned cabinet is also the leader or party spokesman of the party with an absolute majority of the total number of members in parliament, then the provision of article 37 paragraph 3, section c is analogously applied. should the prime minister resign, be deceased or be unable to discharge his duties due to reasons of health, the president of the republic shall appoint as prime minister the person proposed by the parliamentary group of the party to which the departing prime minister belongs, provided that this has the absolute majority of the seats in parliament. the proposal is made within three days at the latest from the resignation or demise of the prime minister or from the ascertainment of his inability to discharge his duties. in case no political party has the absolute majority of the seats in parliament, paragraph 4 is analogously applied, followed by the second section of paragraph 2 and by paragraph 3 of the preceding article. the inability of the prime minister to discharge his duties due to reasons of health is ascertained by the parliament by virtue of a special decision, taken with the absolute majority of the total number of members of parliament, following a proposal by the parliamentary group of the party to which the prime minister belongs, provided that this has the absolute majority of the seats in parliament. in every other case, the proposal is submitted by at least two fifths of the total number of members of parliament. until the appointment of the new prime minister, the duties of the prime minister are exercised by the first in order deputy prime minister and, in case no deputy prime ministers have been appointed, by the first in order minister. interpretative clause the provision of paragraph 2 is also applied in the case of replacement of the president of the republic, as provided in article 34. article 39 [repealed] article 40 the president of the republic shall convoke parliament to a regular session once a year as specified in article 64 paragraph 1 and to an extraordinary session whenever he shall judge this to be reasonable, and he shall proclaim the commencement and termination of each parliamentary term in person or through the prime minister. the president of the republic may suspend a parliamentary session only once, either by postponing its commencement or by adjourning it. suspension of a session may not be extended beyond a period of thirty days, nor may such suspension be repeated during the same session without the consent of parliament itself. article 41 the president of the republic may dissolve the parliament when two governments have resigned or have been voted down by parliament and its composition fails to guarantee governmental stability. elections are held by the government enjoying the confidence of the dissolving parliament. in all other cases the third section of paragraph 3 of article 37 is analogously applied. the president of the republic shall dissolve the parliament on the proposal of the cabinet which has received a vote of confidence, for the purpose of renewing the popular mandate, in view of dealing with a national issue of exceptional importance. dissolution of the new parliament for the same issue is precluded. the decree concerning the dissolution of the parliament, countersigned in the case of the preceding paragraph by the cabinet, must contain a proclamation of elections within thirty days and the convocation of the new parliament within another thirty days of the elections. the parliament elected following the dissolution of the previous one, may not be dissolved before the lapse of one year from its opening session except in those cases described in article 37 paragraph 3 and paragraph 1 of the present article. the dissolution of the parliament shall be compulsory in the case specified in article 32 paragraph 4. interpretative clause in all cases and without any exception, the decree concerning the dissolution of parliament must contain a proclamation of elections to be held within thirty days and the convocation of the new parliament within thirty days of the elections. article 42 the president of the republic shall promulgate and publish the statutes passed by the parliament within one month of the vote. the president of the republic may, within the time limit provided for in the preceding sentence, send back a bill passed by parliament, stating his reasons for this return. a bill sent back to parliament by the president of the republic shall be introduced to the plenum and, if it is passed again by an absolute majority of the total number of members, following the procedure provided in article 76 paragraph 2, the president of the republic is bound to promulgate and publish it within ten days of the second vote. [paragraph 3 repealed]. article 43 the president of the republic shall issue the decrees necessary for the execution of statutes: he may never suspend the application of laws nor exempt anyone from their execution. the issuance of general regulatory decrees, by virtue of special delegation granted by statute and within the limits of such delegation, shall be permitted on the proposal of the competent minister. delegation for the purpose of issuing regulatory acts by other administrative organs shall be permitted in cases concerning the regulation of more specific matters or matters of local interest or of a technical and detailed nature. [paragraph 3 repealed by the 1986 amendment]. by virtue of statutes passed by the plenum of the parliament, delegation may be given for the issuance of general regulatory decrees for the regulation of matters specified by such statutes in a broad framework. these statutes shall set out the general principles and directives of the regulation to be followed and shall set time-limits within which the delegation must be used. matters which, as specified in article 72 paragraph 1, belong to the competence of the plenary session of the parliament, cannot be the object of delegation as specified in the preceding paragraph. article 44 under extraordinary circumstances of an urgent and unforeseeable need, the president of the republic may, upon the proposal of the cabinet, issue acts of legislative content. such acts shall be submitted to parliament for ratification, as specified in the provisions of article 72 paragraph 1, within forty days of their issuance or within forty days from the convocation of a parliamentary session. should such acts not be submitted to parliament within the above time-limits or if they should not be ratified by parliament within three months of their submission, they will henceforth cease to be in force. the president of the republic shall by decree proclaim a referendum on crucial national matters following a resolution voted by an absolute majority of the total number of members of parliament, taken upon proposal of the cabinet. a referendum on bills passed by parliament regulating important social matters, with the exception of the fiscal ones shall be proclaimed by decree by the president of the republic, if this is decided by three-fifths of the total number of its members, following a proposal of two-fifths of the total number of its members, and as the standing orders and the law for the application of the present paragraph provide. no more than two proposals to hold a referendum on a bill can be introduced in the same parliamentary term. should a bill be voted, the time-limit stated in article 42 paragraph i begins the day the referendum is held. the president of the republic may under exceptional circumstances address messages to the people with the consent opinion of the prime minister. those messages should be countersigned by the prime minister and published in the government gazette. article 45 the president of the republic is the commander in chief of the nation's armed forces, the command of which shall be exercised by the government, as specified by law. the president shall also confer ranks on those serving therein, as specified by law. article 46 the president of the republic shall appoint and dismiss public servants, in accordance with the law, except in cases specified by law. the president of the republic shall confer the established decorations in accordance with the provisions of the relevant law. article 47 the president of the republic shall have the right, pursuant to a recommendation by the minister of justice and after consulting with a council composed in its majority of judges, to grant pardons, to commute or reduce sentences pronounced by the courts, and to revoke all consequences at law of sentences pronounced and served. the president of the republic shall have the right to grant pardon to a minister convicted as provided in article 86, only with the consent of parliament. amnesty may be granted only for political crimes, by statute passed by the plenum of the parliament with a majority of three-fifths of the total number of members. amnesty for common crimes may not be granted even by law. article 48 in case of war or mobilization owing to external dangers or an imminent threat against national security, as well as in case of an armed coup aiming to overthrow the democratic regime, the parliament, issuing a resolution upon a proposal of the cabinet, puts into effect throughout the state, or in parts thereof the statute on the state of siege, establishes extraordinary courts and suspends the force of the provisions of articles 5 paragraph 4, 6, 8, 9, 11, 12 paragraphs 1 to 4 included, 14, 19, 22 paragraph 3, 23, 96 paragraph 4, and 97, in whole or in part. the president of the republic publishes the resolution of parliament. the resolution of parliament determines the duration of the effect of the imposed measures, which cannot exceed fifteen days. if the parliament is absent or if it is objectively impossible that it be convoked in time, the measures mentioned in the preceding paragraph are taken by presidential decree issued on the proposal of the cabinet. the cabinet shall submit the decree to parliament for approval as soon as its convocation is rendered possible, even when its term has ended or it has been dissolved, and in any case no later than fifteen days. the duration of the measures mentioned in the preceding paragraphs may be extended every fifteen days, only upon resolution passed by the parliament which must be convoked regardless of whether its term has ended or whether it has been dissolved. the measures specified in the preceding paragraphs are lifted ipso jure with the expiration of the time-limits specified in paragraphs 1, 2 and 3, provided that they are not extended by a resolution of parliament, and in any case with the termination of war if this was the reason of their imposition. from the time that the measures referred to in the previous paragraphs come into effect, the president of the republic may, following a proposal of the cabinet, issue acts of legislative content to meet emergencies, or to restore as soon as possible the functioning of the constitutional institutions. those acts shall be submitted to parliament for ratification within fifteen days of their issuance or of the convocation of parliament in session. should they not be submitted to parliament within the abovementioned time-limit, or not be approved by it within fifteen days of their submission, they cease henceforth to be in force. the statute on the state of siege may not be amended during its enforcement. the resolutions of parliament referred to in paragraphs 2 and 3 shall be adopted by a majority of the total number of members, and the resolution mentioned in paragraph 1 by a three-fifths majority of the total number of members. parliament must decide these matters in only one sitting. throughout the duration of the application of the measures of the state of emergency taken in accordance with the present article, the provisions of articles 61 and 62 of the constitution shall apply ipso jure regardless of whether parliament has been dissolved or its term has ended. chapter 3. special liabilities of the president of the republic article 49 the president of the republic shall in no case be held liable for acts performed in the discharge of his duties, except only for high treason or intentional violation of the constitution. for acts not related to the discharge of his duties, prosecution shall be suspended until the expiration of the presidential term. a proposal to bring charges against and impeach the president of the republic shall be submitted to parliament signed by at least one-third of its members and shall require for its adoption a resolution by two-thirds majority of the total number of its members. if the proposal is adopted, the president of the republic shall be arraigned before the court specified in article 86, the provisions of which shall be accordingly applicable in this case. as of his arraignment, the president of the republic shall abstain from the discharge of his duties, and shall be replaced as specified in article 34. he shall resume his duties if his term has not expired, as of the issuance of his acquittal by the court specified in article 86. the implementation of the provisions of the present article shall be provided by law enacted by the parliament in a plenary session. article 50 the president of the republic shall have no powers other than those explicitly conferred upon him by the constitution and the laws concurrent herewith. section iii. parliament chapter 1. election and composition of parliament article 51 the number of the members of parliament shall be specified by statute; it cannot, however, be below two hundred or over three hundred. the members of parliament represent the nation. the members of parliament shall be elected through direct, universal and secret ballot by the citizens who have the right to vote, as specified by law. the law cannot abridge the right to vote except in cases where a minimum age has not been attained or in cases of legal incapacity or as a result of irrevocable criminal conviction for certain felonies. parliamentary elections shall be held simultaneously throughout the country. matters pertaining to the exercise of the right to vote by persons living outside the country may be specified by statute, adopted by a majority of two thirds of the total number of members of parliament. concerning such persons, the principle of simultaneously holding elections does not impede the exercise of their right to vote by postal vote or by other appropriate means, provided that the counting of votes and the announcement of the results is carried out when this is also carried out across the country. the exercise of the right to vote is compulsory. article 52 the free and unfalsified expression of the popular will as an expression of popular sovereignty, shall be guaranteed by all state officers, who shall be obliged to ensure such under all circumstances. criminal sanctions for violations of this provision shall be specified by law. article 53 the members of parliament shall be elected for a term of four consecutive years, commencing on the day of the general elections. upon expiration of the parliamentary term, there shall be proclaimed by presidential decree countersigned by the cabinet, general parliamentary elections to be held within thirty days and the convocation of the new parliament in regular session within another thirty days. a parliamentary seat that has become vacant during the last year of a parliamentary term shall not be filled by a by-election, where such is required by law, as long as the number of vacant seats does not exceed one-fifth of the total number of the members of parliament. in case of war, the parliamentary term shall be extended for the entire duration thereof. if parliament has been dissolved, elections shall be postponed until the termination of the war and the parliament dissolved shall be recalled ipso jure until that time. article 54 the electoral system and constituencies are specified by statute which shall be applicable as of the elections after the immediately following ones, unless an explicit provision, adopted by a majority of two thirds of the total number of members of parliament, provides for its immediate application as of the immediately following elections. the number of members of parliament elected in each constituency is specified by presidential decree on the basis of the legal population thereof, deriving, according to the latest census, from the persons registered in the relevant municipal rolls, as specified by law. the results of the census are considered to have been published on the basis of the data of the competent service, after one year has elapsed from the last day on which the census was conducted. part of the parliament, comprising not more than the one twentieth of the total number of its members, may be elected throughout the country at large in proportion to the total electoral strength of each party throughout the country, as specified by law. chapter 2. disqualifications and incompatibilities for members of parliament article 55 to be elected as member of parliament, one must be a greek citizen, have the legal capacity to vote and have attained the age of twenty-five years on the day of the election. a member of parliament deprived of any of the above qualifications shall forfeit his parliamentary office ipso jure. article 56 salaried civil functionaries and servants, other servants of the state, persons serving in the armed forces and the security corps, servants of local government agencies or of other public law legal persons, elected single-member organs of local government agencies, governors, deputy governors or chairmen of the boards of directors or managing or executive directors of public law legal persons or of state controlled legal entities of private law or of public enterprises or of enterprises whose management the state appoints directly or indirectly by administrative act or by virtue of its capacity as shareholder, or of local government enterprises, may neither stand for election nor be elected to parliament if they do not resign prior to their nomination as candidates. resignation is effective merely upon being submitted in writing. militaries who have resigned are barred from returning to active service. higher elected single-person organs of local government agencies of the second degree, may not stand for election nor be elected to parliament throughout the term for which they have been elected, even if they resign. professors of institutions of university level are exempt from the restrictions of the preceding paragraph. the exercise of the duties of professor shall be suspended for the duration of the parliamentary term and the manner of replacement of professors elected to parliament shall be specified by law. the following persons may not stand for election nor be elected to parliament in the electoral district where they served or in any constituency to which their local powers extended during the last eighteen months of the four-year parliamentary term: governors, deputy governors, chairmen of the boards of directors, managing and executive directors of public law legal persons, with the exception of associations, of state-owned private law legal persons and of public enterprises or of enterprises whose management the state appoints directly or indirectly by administrative act or by virtue of its capacity as shareholder. members of independent authorities which are constituted and operate in accordance with article 1oa, as well as of the authorities designated by law as independent or regulatory. high and highest-ranking officers of the armed forces and the security corps. salaried servants of the state, of local government agencies and their enterprises, as well as of the legal entities and enterprises falling under case (a) who held the post of head of an organic unit at the level of a directorate or a corresponding post, as specifically provided by law. servants mentioned in the preceding section who exercise a larger local power are subject to the restrictions of this paragraph concerning constituencies other than those of their seat, only in case they were holding a post of head of unit at the level of general directorate or another corresponding level, as specifically provided by statute. general or special secretaries of ministries or of autonomous secretariats, general or regional administrations and all persons that the law equalises with these. persons nominated for state deputies shall not be subject to the restrictions of this paragraph. civil servants and militaries, generally, having undertaken an obligation by law to remain in service for a certain period of time, may not stand for election nor be elected to parliament while their obligation is in force. article 57 the duties of member of parliament are incompatible with the job or the capacity of owner or partner or shareholder or governor or administrator or member of the board of directors or general manager or a deputy thereof, of an enterprise that: undertakes public works or studies or procurements or the provision of services to the state or concludes with state similar contacts of a development or investment nature enjoys special privileges owns or manages a radio or television station or publishes a newspaper of countrywide circulation in greece exercises by concession a public service or a public enterprise or a public utility enterprise rents for commercial purposes real estate owned by the state for the purposes of the application of this paragraph, local government agencies, other public law legal persons, state-owned private law legal persons, public enterprises, enterprises of local government agencies and other enterprises of local government agencies and other enterprises whose management the state appoints directly or indirectly by administrative act or by virtue of its capacity as shareholder, are equated to the state. a shareholder of an enterprise falling within the restrictions of this paragraph is every person possessing a percentage of more than one percent of its share capital. by special law professional activities may be determined, beyond those mentioned in the previous sections, whose exercise is not permitted to members of parliament. violation of the provisions of the present paragraph shall result in the forfeiture from parliamentary office and in the nullity of the related contracts or acts, as specified by law. members of parliament falling within the provisions of the first section of the preceding paragraph must, within eight days from the day on which their election becomes final, select between their parliamentary office and the above stated job or capacities. should they fail to make the said statement within the above deadline, they shall forfeit their parliamentary office ipso jure. members of parliament who accept any of the capacities or activities mentioned in this or in the preceding article and which are characterised as impediments to run for parliament or as being incompatible with holding parliamentary office, shall forfeit that office ipso jure. the manner of continuation or transfer or dissolution of contracts mentioned in paragraph 1 and undertaken by a member of parliament or by an enterprise to which he participated before his election, or undertaken in a capacity incompatible with his office, shall be specified by law. article 58 the hearing of objections raised against the validity of parliamentary elections and their verification concerning either electoral violations related to the conduct of the elections, or the lack of legal qualifications, is assigned to the supreme special court of article 100. chapter 3. duties and rights of members of parliament article 59 before undertaking the discharge of their duties, members of parliament shall take the following oath in the chamber and in a public sitting. "i swear in the name of the holy consubstantial and indivisible trinity to keep faith in my country and in the democratic form of government, obedience to the constitution and the laws and to discharge conscientiously my duties". members of parliament who are of a different religion or creed shall take the same oath according to the form of their own religion or creed. members of parliament proclaimed elected in the absence of parliament shall take the oath in the section in session. article 60 members of parliament enjoy unrestricted freedom of opinion and right to vote according to their conscience. the resignation from parliamentary office is a right of the member of parliament and is effectuated as soon as the member of parliament submits a written declaration to the speaker of the parliament; this declaration is irrevocable. article 61 a member of parliament shall not be prosecuted or in any way interrogated for an opinion expressed or a vote cast by him in the discharge of his parliamentary duties. a member of parliament may be prosecuted only for libel, according to the law, after leave has been granted by parliament. the court of appeals shall be competent to hear the case. such leave is deemed to be conclusively denied if parliament does not decide within forty-five days from the date the charges have been submitted to the speaker. in case of refusal to grant leave or if the time-limit lapses without action, no charge can be brought for the act committed by the member of parliament. this paragraph shall be applicable as of the next parliamentary session. a member of parliament shall not be liable to testify on information given to him or supplied by him in the course of the discharge of his duties, or on the persons who entrusted the information to him or to whom he supplied such information. article 62 during the parliamentary term the members of parliament shall not be prosecuted, arrested, imprisoned or otherwise confined without prior leave granted by parliament. likewise, a member of a dissolved parliament shall not be prosecuted for political crimes during the period between the dissolution of parliament and the declaration of the election of the members of the new parliament. leave shall be deemed not granted if parliament does not decide within three months of the date the request for prosecution by the public prosecutor was transmitted to the speaker. the three month limit is suspended during the parliament's recess. no leave is required when members of parliament are caught in the act of committing a felony. article 63 for the discharge of their duties, members of parliament shall be entitled to receive compensation and expenses from the state; the amount of both shall be determined by the plenum of the parliament. members of parliament shall enjoy exemption from transportation, postal and telephone charges, the extent of which shall be determined by decision of the parliament in plenary session. in case of unjustified absence of a member for more than five sittings per month, one-thirtieth of his monthly compensation shall be withheld for each absence. chapter 4. organization and functioning of the parliament article 64 the parliament shall convene, ipso jure, on the first monday of the month of october of each year in a regular session to conduct its annual business, unless convoked at an earlier date by the president of the republic, in accordance with article 40. the duration of a regular session shall not be shorter than five months, not including the time of suspension specified in article 40. a regular session is compulsorily extended until the budget is authorized in accordance with article 79 or until the special law provided in the same article is passed. article 65 parliament shall determine the manner of its free and democratic operation by adopting its own standing orders; these shall be adopted by the plenum as specified in article 76 and shall be published in the government gazette on the order of the speaker. parliament shall elect from among its members the speaker and the other members of the presidium as provided by the standing orders. the speaker and deputy speakers shall be elected at the beginning of each parliamentary term. this provision shall not apply to the speaker and deputy speakers elected by the first session of the fifth revisionary parliament. on a recommendation by fifty members the parliament may reprimand the speaker or a member of the presidium thus causing the termination of his tenure. the speaker directs the business of parliament; he cares to ensure the unhindered conduct of the business, safeguards the freedom of opinion and expression of the members of parliament and the maintenance of order. he is entitled to resort even to disciplinary measures against a member misbehaving as specified by the standing orders. a scientific service to the parliament may be established through the standing orders to assist parliament in its legislative work. the standing orders shall determine the organization of the services of the parliament under the supervision of the speaker; all matters concerning its personnel shall likewise be regulated. acts of the speaker concerning the appointment and the professional status of the personnel of the parliament shall be subject to recourse on points of act and points of law or petition for annulment lodged with the supreme administrative court. article 66 the parliament shall hold public sittings in the chamber; however, upon the government's petition or upon the petition of fifteen members of parliament and pursuant to a majority decision reached in a closed meeting, the parliament may deliberate behind closed doors. thereafter parliament shall resolve whether the debate on the same subject shall be repeated in an open sitting. ministers and undersecretaries shall be free to attend the sittings of parliament and shall be heard whenever they request the floor. the parliament and parliamentary committees may request the presence of ministers or undersecretaries when they discuss matters for which they are competent. parliamentary committees may invite any person they consider useful to their work, informing the competent minister accordingly. parliamentary committees convene in public sittings, as specified by the standing orders; however, they may deliberate behind closed doors, following a request by the government or by five members of parliament, if the majority so decides in a session behind closed doors. the parliamentary committee then decides whether the discussion on the same subject should be held again in a public sitting. article 67 parliament cannot resolve without an absolute majority of the members present, which in no case may be less than one-fourth of the total number of the members of parliament. in the case of a tie vote, the vote shall be repeated; in the case of a second tie the proposal shall be rejected. article 68 at the beginning of each regular session, parliament shall set up standing parliamentary committees composed of members of parliament for the examination and processing of bills and law proposals submitted, as specified by the standing orders of the parliament. parliament shall set up investigation committees from among its members by a resolution supported by two-fifths of the total number of members, on the proposal of one-fifth of the total number of members. a parliamentary resolution adopted by an absolute majority of the total number of members shall be required in order to set up investigation committees on matters related to foreign policy and national defence. details pertaining to the composition and operation of such committees shall be provided by the standing orders. parliamentary and investigation committees, as well as sections of parliament specified in articles 70 and 71 shall be established in proportion to the strength of parties, groups and independents, as specified by the standing orders. article 69 no person shall appear at his own initiative before the parliament to make an oral or written report. reports shall be presented through a member or shall be handed over to the speaker. parliament shall have the right to forward any reports addressed thereto to the ministers and undersecretaries who shall be obliged to offer explanations when so requested. article 70 the parliament shall conduct its legislative business in plenum. the standing orders of the parliament shall provide for the exercise of the legislative work specified therein, to may also be conducted by the standing parliamentary committees which are established and function during the session, as specified by the standing orders and subject to the restrictions of article 72. the standing orders of parliament shall likewise determine the allocation of competences by ministries among the standing parliamentary committees. unless otherwise stated, the provisions of the constitution concerning the parliament shall apply to its functioning in plenum and in section pursuant to article 71, as well as for the functioning of the parliamentary committees. in order for the section envisaged in article 71 and for the standing parliamentary committees to decide when exercising their legislative work in accordance with paragraph 2 of the present article, a majority of no less than two fifths of the number of their members is required. parliamentary control shall be exercised by the plenum, as specified by the standing orders. the standing orders may provide the exercise of parliamentary control also by the section envisaged in article 71, as well as by the standing parliamentary committees established and functioning during the session. the standing orders shall specify the manner in which members of parliament who are on a parliament or a government mission abroad shall participate in voting. the standing orders of parliament shall specify the manner in which the parliament is informed by the government on issues being the object of regulation in the framework of the european union, and debates on these. article 71 when parliament is in recess, its legislative business, with the exception of statutes belonging to the competence of the plenum as specified in article 72, shall be conducted by a section of parliament, established and operating as specified in article 68 paragraph 3 and article 70. the standing orders may provide for the examination of bills by a parliamentary committee composed of members of the same section. article 72 parliament debates and votes in plenum on its standing orders, on bills and law proposals on the subjects of articles 3, 13, 27, 28 paragraphs 2 and 3, 29 paragraph 2, 33 paragraph 3, 48, 51, 54, 86, on bills and proposals implementing the constitution on the exercise and protection of individual rights, on bills and law proposals on the authentic interpretation of the statutes as well as on every other matter referred to the plenum by special provision of the constitution or for the regulation of which a special majority is required. the parliament in plenum shall also vote the budget and the financial statement of the state and of parliament. debates and votes on all other bills or law proposals may be carried out during the session by the competent standing parliamentary committee, pursuant to the provisions of article 70. they are also carried out by the section established and functioning pursuant to article 71 during the period in which parliament is in recess, as specified by the standing orders. the standing parliamentary committee assuming the voting of a bill or law proposal may, by resolution adopted by the absolute majority of its members, refer any dispute over its competence to the plenum. the resolution of the plenum shall be binding on the committees. at least one week must intervene between submission of a bill or law proposal and its debate in the standing parliamentary committee. a bill or law proposal debated and voted in the competent standing parliamentary committee is introduced in the plenum in one session, as specified by the standing orders of the parliament, and is debated and voted in principle, by article and as a whole. a bill or law proposal voted in the committee by a majority of at least four fifths is debated and voted in the plenum, as specified by the standing orders. chapter 5. the legislative function of parliament article 73 the right to introduce bills belongs to the parliament and the government. bills pertaining in any way to the granting of a pension and the prerequisites thereof shall be introduced only by the minister of finance after an opinion of the court of audit; in the case of pensions burdening on the budget of local government agencies or other public law legal persons, bills shall be submitted by the competent minister and the minister of finance. pensions must be proposed by means of special bills; the insertion of provisions pertaining to pensions in bills introduced to regulate other matters, is not permitted under penalty of nullity. no law proposal or amendment or addition which originated in parliament shall be introduced for debate if it results in an expenditure or a reduction of revenues or assets for the state or local government agencies or other public law legal persons, for the purpose of paying a salary or pension or otherwise benefiting a person. however, an amendment or addition introduced by a party leader or a spokesman of a parliamentary group as specified in article 74 paragraph 3 shall be acceptable in the case of bills concerning the organization of public services and agencies of public interest, the status of civil servants in general, military and security corps officers, employees of local government agencies or other public law legal persons and public enterprises in general. bills introducing local or special taxes or charges of any nature on behalf of agencies or, public or private law legal persons, must be countersigned by the minister of coordination and the minister of finance. article 74 every bill or law proposal must be accompanied by an explanatory report; before it is introduced to the plenum or to a section of parliament, it may be referred for legislative elaboration to the scientific service defined in article 65 paragraph 5 as soon as this service is established, as specified by the standing orders. bills or law proposals tabled in parliament shall be referred to the appropriate parliamentary committee. when the report has been submitted or when the time-limit for its submittal has elapsed inactively, the bill shall be introduced for debate to parliament after three days, unless it has been designated as urgent by the competent minister. the debate shall begin following an oral introduction by the competent minister and the rapporteurs of the committee. amendments submitted by members of parliament to bills or law proposals for which the plenum or the sections of parliament are competent, shall not be introduced for debate if they have not been submitted up to and including the day prior to the commencement of the debate, unless the government consents to such a debate. a bill or law proposal for the amendment of a provision of a statute shall not be introduced for debate if the accompanying explanatory report does not contain the full text of the provision to be amended and if the text of the bill or law proposal does not contain the full text of the new provision as amended. the provisions of paragraph 1 also apply for bills or law proposals introduced for debate and vote in the competent standing parliamentary committee, as specified by the standing orders of the parliament. a bill or law proposal containing provisions not related to its main subject matter shall not be introduced for debate. no addition or amendment shall be introduced for debate if it is not related to the main subject matter of the bill or law proposal. additions or amendments by ministers are debated only if they have been submitted at least three days prior to the commencement of the debate in the plenum, to the section specified in article 71 or to the competent standing parliamentary committee, as specified by the standing orders. the provisions of the two preceding sections shall also apply for additions or amendments submitted by members of parliament. parliament shall resolve in case of contestation. members of parliament not participating in the competent standing parliamentary committee or the section specified in article 71, are entitled to take the floor during the debate in principle and in order to support law proposals and additions or amendments that they have submitted, as provided by the standing orders. once every month, on a day designated by the standing orders, pending law proposals shall be entered by priority in the order of the day and debated. article 75 any bill and law proposal which result in burdening the budget, if submitted by ministers, shall not be introduced for debate unless it is accompanied by a report of the general accounting office specifying the amount of the expenditure involved; if submitted by members of parliament, prior to any debate thereon it shall be forwarded to the general accounting office which shall be bound to submit a report within fifteen days. should this time-limit elapse without action, the law proposal shall be introduced for debate without it. the same shall apply for amendments, if so requested by the competent ministers. in this case, the general accounting office shall be bound to submit its report to parliament within three days; only if the report shall not be forthcoming within this time-limit may the amendment be debated without it. a bill resulting in expenditure or reduction of revenues shall not be introduced for debate unless it is accompanied by a special report specifying the manner in which they will be covered, signed by the competent minister and the minister of finance. article 76 every bill and every law proposal shall be debated and voted on once in principle, by article and as a whole, with the exception of the cases provided under paragraph 4 of article 72. voted bills or law proposals that are sent back to parliament pursuant to article 42 shall be debated and voted on by the plenum of parliament twice and in two distinct sittings, at least two days apart, in principle and by article during the first debate, and by article and as a whole during the second. if in the course of the debate, additions or amendments have been accepted, voting as a whole shall be postponed for twenty-four hours from distribution of the amended bill or law proposal, with the exception of the cases provided under paragraph 4 of article 72. a bill or law proposal designated by the government as very urgent shall be introduced for voting after a limited debate in one sitting, by the plenum or by the section of article 71 as provided by the standing orders of parliament. the government may request that a bill or law proposal of an urgent nature be debated in a specific number of sittings, as specified by the standing orders of parliament. judicial or administrative codes drafted by special committees established under special statutes may be voted through in the plenum of the parliament by a special statute ratifying the code as a whole. likewise, legislative provisions in force may be codified by simple classification, or repealed statutes may be reenacted as a whole, with the exception of statutes concerning taxation. article 77 the authentic interpretation of the statutes shall rest with the legislative power. a statute which is not truly interpretative shall enter into force only as of its publication. chapter 6. tax and fiscal administration article 78 no tax shall be levied without a statute enacted by parliament, specifying the subject of taxation and the income, the type of property, the expenses and the transactions or categories thereof to which the tax pertains. a tax or any other financial charge may not be imposed by a retroactive statute effective prior to the fiscal year preceding the imposition of the tax. exceptionally, in the case of imposition or increase of an import or export duty or a consumer tax, collection thereof shall be permitted as of the date on which the bill shall be tabled in parliament, on condition that the statute shall be published within the time-limit specified in article 42 paragraph 1, and in any case not later than ten days from the end of the parliamentary session. the object of taxation, the tax rate, the tax abatements and exemptions and the granting of pensions may not be subject to legislative delegation. this prohibition does not preclude the determination by law of the manner of assessing the share of the state or public agencies in general in the automatic increase on value of private real estate property adjoining the site of construction of public works and resulting exclusively therefrom. it shall, exceptionally, be permitted to impose by means of delegation granted in framework by statute, balancing or counteractive charges or duties, and to impose, within the framework of the country's international relations to economic organizations, economic measures or measures concerning the safeguarding of the country's foreign exchange position. article 79 in the course of its regular annual session parliament shall vote on the state budget of revenues and expenditures foe the following year. during the discussion of the draft envisaged in par. 3, the parliament may submit proposals for the modification of individual items of the budget which are introduced to the plenum and are voted upon, provided that the modifications have no impact over the total expenditures and revenues of the state. the standing orders shall provide the specific process for the monitoring of the execution of the state budget by the parliament. all state revenues and expenditures must be entered in the annual budget and financial statement. the draft budget shall be submitted by the minister of finance to the competent standing parliamentary committee on the first monday of october and shall be debated, as specified by the standing orders. the minister of finance taking into account the remarks of the committee, shall introduce the budget to the parliament at least forty days before the beginning of the fiscal year. the budget shall be debated and voted by the plenum in accordance with the provisions of the standing orders, which ensure the right of all political sections in parliament to express their views. should the administration of revenues and expenditures as provided in the budget be inoperative for any reason whatsoever, they shall be administered in accordance with a special statute to be enacted every time. should it be impossible to vote the budget or to pass the special statute defined in the preceding paragraph due to the end of the parliamentary term, the force of the budget for the fiscal year just ended or ending shall be extended for four months by decree issued upon proposal of the cabinet. the practice of drafting budgets for biannual fiscal periods may be established by statute. the financial statement and general balance sheet of the state shall be laid before parliament no later than one year from the end of each fiscal year; these, are accompanied without fail by the report of the court of audit provided in article 98 paragraph 1 case (e), are examined by a special committee of members of parliament and are ratified by the plenum of parliament, according to the provisions of the standing orders. economic and social development plans shall be approved by the plenum of the parliament as specified by statute. article 80 no salary, pension, subsidy or remuneration shall be entered in the state budget or granted, unless it is provided for by statute concerning the organization or other special statute. the minting or issuing of currency shall be regulated by law. interpretative clause paragraph 2 does not impede the participation of greece in the process of the economic and monetary union, in the wider framework of european integration, according to the provisions of article 28. section iv. the government chapter 1. composition and function of the government article 81 the cabinet, which shall be composed of the prime minister and the ministers, constitutes the government. the composition and functioning of the cabinet shall be specified by law. one or more ministers may be appointed vice presidents of the cabinet, by decree initiated by the prime minister. a statute shall regulate the status of deputy ministers, ministers without portfolio and undersecretaries who may be members of the cabinet, as well as the status of permanent undersecretaries. no person may be appointed a member of the government or an undersecretary if he does not possess the qualifications required in article 55 for members of parliament. any professional activity whatsoever of members of the government, undersecretaries and the speaker of parliament shall be in abeyance during the discharge of their duties. the incompatibility of the office of minister and undersecretary with other activities may be established by statute. in the absence of a vice president, the prime minister shall appoint, whenever the need arises, one of the ministers as his provisional alternate. article 82 the government shall define and direct the general policy of the country, in accordance with the provisions of the constitution and the laws. the prime minister shall safeguard the unity of the government and shall direct the actions of the government and of the public services in general, for the implementation of government policy within the framework of the laws. matters relating to the establishment, functioning and competences of the economic and social committee whose mission is to conduct social dialogue for the overall policy of the country and, especially, for the orientations of the economic and social policy, as well as to formulate opinions on bills and law proposals referred to it, shall be specified by law. matters relating to the establishment, functioning and competences of the national council of foreign policy, with the participation of representatives from the parties in parliament and of persons possessing expertise or specialised experience, shall be specified by law. article 83 each minister shall exercise the powers defined by law. ministers without portfolio shall exercise the powers vested in them by decision of the prime minister. undersecretaries shall exercise the powers vested in them by joint decision of the prime minister and the competent minister. chapter 2. relations between parliament and the government article 84 the government must enjoy the confidence of parliament. the government shall be obliged to request a vote of confidence by parliament within fifteen days of the date the prime minister shall have been sworn in, and may also do so at any other time. if at the time the government is formed, parliament has suspended its works, it shall be convoked within fifteen days to resolve on the motion of confidence. parliament may decide to withdraw its confidence from the government or from a member of the government. a motion of censure may not be submitted before the lapse of six months from the rejection by parliament of such a motion. a motion of censure must be signed by at least one-sixth of the number of members of parliament and must explicitly state the subjects on which the debate is to be held. a motion of censure may, exceptionally, be submitted before the lapse of six months, if it is signed by the majority of the total number of members of parliament. the debate on a motion of confidence or censure shall commence two days after the motion is submitted, unless, in the case of a motion of censure, the government requests its immediate commencement: in all cases the debate may not be prolonged for more than three days from its commencement. the vote on a motion of confidence or censure is held immediately after the termination of the debate; it may, however, be postponed for forty-eight hours if the government so requests. a motion of confidence cannot be adopted unless it is approved by an absolute majority of the present members of parliament, which however cannot be less than the two-fifths of the total number of the members. a motion of censure shall be adopted only if it is approved by an absolute majority of the total number of members of parliament. ministers and undersecretaries who are members of parliament shall vote on the above motions. article 85 the members of the cabinet and the undersecretaries shall be collectively responsible for general government policy, and each of them severally for the actions or omissions within his powers, according to the provisions of statutes on the liability of ministers. a written or oral order of the president of the republic may in no case whatsoever relieve ministers and undersecretaries of their liability. article 86 only the parliament has the power to prosecute serving or former members of the cabinet or undersecretaries for criminal offences that they committed during the discharge of their duties, as specified by law. the institution of specific ministerial offences is prohibited. prosecution, investigation, preliminary investigation or preliminary examination against the persons specified in paragraph i for the above mentioned offences shall not be permitted without a prior resolution of parliament in accordance with paragraph 3. if in the course of another investigation, preliminary investigation, preliminary examination or administrative inquiry, evidence should arise which relates to the persons and offences of the preceding paragraph, these shall be promptly forwarded to parliament by the person conducting the investigation, preliminary examination or inquiry. a motion for prosecution is submitted by at least thirty members of parliament. the parliament, by resolution adopted by the absolute majority of the total number of its members, sets up a special parliamentary committee to conduct a preliminary examination; otherwise the motion is rejected as manifestly unfounded. the findings of the committee of the preceding section are introduced to the plenum of parliament, which decides whether prosecution shall start or not. the relevant resolution is adopted by an absolute majority of the total number of members of parliament. the parliament may exercise its competence pursuant to paragraph i until the end of the second regular session of the parliamentary term commencing after the offence was committed. the parliament may at any time revoke its resolution or suspend the prosecution, preliminary proceedings or main proceedings, according to the procedure and majority provided in the first section of this paragraph. the court competent for trying the relevant cases, at first and last instance is, as supreme court, a special court, which is composed for each case by six members of the supreme administrative court and seven members of the supreme civil and criminal court. the regular and alternate members of the special court are chosen by lot, after the prosecution has taken place, by the speaker of the parliament in a public sitting of the parliament, from among those members of the two high ranking courts who were appointed or promoted to the rank they hold prior to the submission of the motion for prosecution. the special court is chaired by the highest ranking of the supreme civil and criminal court members chosen by lot and, in case of equal in the rank members, by the first one in order of seniority. a judicial council, composed for each case by two members of the supreme administrative court and three members of the supreme civil and criminal court, functions in the framework of the special court of this paragraph. the members of the judicial council may not be members of the special court at the same time. following a ruling of the judicial council, one of its members who belong to the supreme civil and criminal court is appointed as examining magistrate. the preliminary proceedings are concluded with the issue of an ordinance. the duties of public prosecutor in the special court and in the judicial council of this paragraph are exercised by a member of the public prosecutor's office of the supreme civil and criminal court who is chosen by lot together with his alternate. the second and third sections of this paragraph also apply for the members of the judicial council, while the second section also applies for the public prosecutor. in the case of impeachment before the special court of a serving or former member of the cabinet or undersecretary, any participants are also jointly indicted, as specified by law. should the procedure on the prosecution of a serving or former member of the cabinet or undersecretary not be completed for any other reason whatsoever, including the reason of status of limitations, the parliament may, at the request of the person itself or of its heirs, establish a special committee for investigating the charges in which highest magistrates may also participate. section v. the judicial power chapter 1. magistrates and staff article 87 justice shall be administered by courts composed of regular judges who shall enjoy functional and personal independence. in the discharge of their duties, judges shall be subject only to the constitution and the laws; in no case whatsoever shall they be obliged to comply with provisions enacted in violation of the constitution. regular judges shall be inspected by judges of a superior rank, as well as by the public prosecutor and the deputy prosecutor of the supreme civil and criminal court; public prosecutors shall be inspected by the supreme civil and criminal court judges and public prosecutors of a superior rank, as specified by law. article 88 magistrates shall be appointed by presidential decree in compliance with a law specifying the qualifications and the procedure for their selection and are appointed for life. the remuneration of magistrates shall be commensurate with their office. matters concerning their rank, remuneration and their general status shall be regulated by special statutes. notwithstanding articles 94, 95 and 98, disputes concerning all kinds of remunerations and pensions of magistrates, and provided that the resolution of the relevant legal issues may affect the salary, pension or fiscal status of a wider circle of persons, shall be tried by the special court of article 99. in such cases, the composition of the court includes the participation of one additional full professor and one additional barrister, as specified by law. matters relating to the continuation of pending processes before the courts shall be specified by law. a training and trial period for magistrates of up to three years prior to their appointment as regular judges may be provided for by law. during this period they may also act as regular judges, as specified by law. magistrates may be dismissed only pursuant a court judgment resulting from a criminal conviction or a grave disciplinary breach or illness or disability or professional incompetence, confirmed as specified by law and in compliance with the provisions of article 93 paragraphs 2 and 3. retirement from the service of the magistrates shall be compulsory upon attainment of the age of sixty five years for all magistrates up to and including the rank of court of appeal judge or deputy prosecutor of the court of appeals, or a rank corresponding thereto. in the case of magistrates of a rank higher than the one stated, or of a corresponding rank, retirement shall be compulsory upon attainment of the age of sixty seven years. in the application of this provision, the 30th of june of the year of retirement shall in all cases be taken as the date of attainment of the above age limit. transfer of magistrates into another branch is prohibited. exceptionally, the transfer of associate judges to courts of first instance or of associate prosecutors to public prosecutors offices, shall be permitted, upon request of the persons concerned, as specified by law. judges of ordinary administrative courts shall be promoted to the rank of councillor of the supreme administrative court and to one fifth of the posts, as specified by law. courts or councils especially provided by the constitution and composed of members of the supreme administrative court and the supreme civil and criminal court shall be presided over by the senior in rank member. interpretative clause in the true sense of article 88, the unification of the jurisdiction of first instance of civil courts and the regulation of the service status of magistrates of this instance is permitted, provided that a procedure for judgement and evaluation is provided for, as specified by law. article 89 magistrates shall be prohibited from performing any other salaried service or practicing any other profession. exceptionally, magistrates may be elected members of the athens academy or teaching staff of university level institutions, as well as may sit on councils or committees exercising competences of disciplinary, auditing or adjudicating nature and on bill drafting committees, provided that this participation is specifically stipulated by the law. law shall provide substitution of magistrates by other persons in councils or committees established or in duties assigned by a private individual's declaration of intention, inter vivos or mortis causa, with the exception of the cases of the preceding section. assignment of administrative duties to magistrates is prohibited. activities related to the training of magistrates are considered to be of judicial nature. the assignment to magistrates of the duties of representing the country in international organisations is permitted. the conduct of arbitrations by magistrates is allowed only in the framework of their official duties, as specified by law. participation of magistrates in the government is prohibited. the establishment of an association of magistrates shall be permitted, as specified by law. article 90 promotions, assignments to posts, transfers, detachments, and transfers to another branch of magistrates shall be effected by presidential decree, issued after prior decision by the supreme judicial council. this council shall be composed of the president of the respective supreme court and of members of the same court chosen by lot from among those having served in it for at least two years, as specified by law. the prosecutor of the supreme civil and criminal court shall participate in the supreme judicial council on civil and criminal justice, as well as two deputy prosecutors of the supreme civil and criminal court who are chosen by lot from among those having served for at least two years in the public prosecutor's office of the supreme civil and criminal court, as specified by law. in the supreme judicial council on the supreme administrative court and on administrative justice shall also participate the general commissioner of state who serves in them on issues relating to magistrates of ordinary administrative courts and of the general commission. in the supreme judicial council on the court of audit shall also participate the general commissioner of state who serves in it. in the supreme judicial council shall also participate, without right to vote, two magistrates of the branch concerned by the changes in the service status, who must be at least of the rank of judge of appeals or of an equivalent one, and are chosen by lot, as specified by law. in the case of judgments concerning promotions to the posts of councillors of state, supreme civil and criminal court judges, deputy prosecutors of the supreme civil and criminal court, councillors of the court of audit, president judges of appeals and prosecutors of appeals, as well as concerning the selection of the members of the general commissions of administrative courts and of the court of audit, the council prescribed in paragraph 1 shall be supplemented by additional members, as specified by law. as for the rest, the provisions of paragraph 1 shall also apply in this case. should the minister of justice disagree with the judgement of a supreme judicial council, he may refer the matter to the plenum of the respective supreme court, as specified by law. the magistrate concerned by the judgement has as well the right of recourse, under the conditions specified by the law. as regards the session of the plenum of the respective highest court, as a second instance supreme judicial council, the provisions of sections three to six of paragraph i shall apply. in the plenum of the supreme civil and criminal court, in the cases of the preceding section, shall also participate with right to vote the members of the public prosecutor's office of the supreme civil and criminal court. the decisions of the plenum, as a second instance supreme judicial council, on a matter referred to it as well as the decisions of the supreme judicial council with which the minister has not disagreed, shall be binding upon him. promotion to the post of president or vice-president of the supreme administrative court, of the supreme civil and criminal court and of the court of audit shall be effected by presidential decree issued on the proposal of the cabinet, by selection from among the members of the respective supreme court, as specified by law. promotion to the post of supreme civil and criminal court prosecutor shall be effected by similar decree, by selection from among the members of the supreme civil and criminal court and deputy public prosecutors of this court, as specified by law. promotion to the post of general commissioner of the court of audit shall be effected by similar decree, by selection from among the members of the court of audit and of the respective general commission, as specified by law. promotion to the post of general commissioner of administrative courts shall also be effected by similar decree, by selection from among the members of the respective general commission and the president judges of appeals of the administrative courts, as specified by law. the tenure of the president of the supreme administrative court, of the supreme civil and criminal court and of the court of audit, as well as of the public prosecutor of the supreme civil and criminal court and of the general commissioners of administrative courts and of the court of audit may not exceed four years, even if the magistrate holding this office has not reached the retirement age. any period of time which remains until completion of the retirement age, shall be calculated as actual pensionable service, as specified by law. decisions or acts in compliance with the provisions of the present article shall not be subject to remedies before the supreme administrative court. article 91 disciplinary authority over magistrates from and above the rank of member of the supreme civil and criminal court or deputy prosecutor of the supreme civil and criminal court, or a rank corresponding thereto, shall be exercised by a supreme disciplinary council, as specified by law. disciplinary action shall be initiated by the minister of justice. the supreme disciplinary council shall be composed of the president of the supreme administrative court as chairman, and of two vice-presidents or councillors of the supreme administrative court, two vice-presidents or members of the supreme civil and criminal court, two vice-presidents or councillors of the court of audit and two law professors from the law schools of the country's universities, as members. the members of the council shall be chosen by lot from among those having at least three years of service in the respective supreme court or law school. members belonging to the supreme court of which the conduct of one of the judges, prosecutors or commissioners the council has been called on to decide, shall be excluded. in cases involving disciplinary action against members of the supreme administrative court, the supreme disciplinary council shall be presided over by the president of the supreme civil and criminal court. the disciplinary authority over all other magistrates shall be exercised, in the first and second instance by councils composed of regular judges chosen by lot, as specified by law. disciplinary action may also be initiated by the minister of justice. disciplinary rulings in accordance with the provisions of this article shall not be subject to remedies before the supreme administrative court. article 92 the civil servants of all courts' offices and prosecutors' offices shall be permanent. they may be dismissed only pursuant to a court judgement resulting from a criminal conviction or to decision of a judicial council on account of a grave disciplinary breach, illness or disability, or professional incompetence which shall be ascertained, as specified by law. the qualifications of the judicial staff and its general status shall be specified by law. promotions, assignments to posts, transfers, detachments and transfers to another branch of the civil servants of the courts shall be effected with the concurrent opinion of service councils, which are composed in majority of magistrates and such civil servants, as specified by law. disciplinary authority over the civil servants of the courts shall be exercised by the hierarchically superior judges, prosecutors, commissioners or servants, as well as by the service council, as specified by law. recourse against decisions regarding changes in the service status of the civil servants of the courts, as well as against disciplinary decisions of the service councils shall be permitted, as specified by law. the servants of land registries are civil servants of the courts. notaries public and unsalaried registrars of mortgages and property transfers shall be permanent as long as corresponding services and posts exist. the provisions of the preceding paragraphs shall apply accordingly in this case. retirement shall be compulsory for notaries public and unsalaried registrars of mortgages and property transfers upon attainment of the age of seventy years; all others shall be obliged to retire upon attainment of the age specified by law. chapter 2. organization and jurisdiction of the courts article 93 courts are distinguished into administrative and civil and criminal courts, and they are organized by special statutes. the sittings of all courts shall be public, except when the court decides that publicity would be detrimental to the good usages or that special reasons call for the protection of the private or family life of the litigants. every court judgment must be specifically and thoroughly reasoned and must be pronounced in a public sitting. in case of violation of the preceding section, law shall specify the ensuing legal consequences as well as the imposed sanctions. publication of the dissenting opinion shall be compulsory. law shall specify matters concerning the entry of any dissenting opinion into the minutes as well as the conditions and prerequisites for the publicity thereof. the courts shall be bound not to apply a statute whose content is contrary to the constitution. article 94 the supreme administrative court and ordinary administrative courts shall have jurisdiction on administrative disputes, as specified by law, without prejudice to the competence of the court of audit. civil courts shall have jurisdiction on private disputes, as well as on cases of non-contentious jurisdiction, as specified by law. in special cases and in order to achieve unified application of the same legislation, law may assign the hearing of categories of private disputes to administrative courts or the hearing of categories of substantive administrative disputes to civil courts. any other competence of an administrative nature may be assigned to civil or administrative courts, as specified by law. these competences include the adoption of measures for compliance of the public administration with judicial decisions. judicial decisions are subject to compulsory enforcement also against the public sector, local government agencies and public law legal persons, as specified by law. article 95 the jurisdiction of the supreme administrative court pertains mainly to: the annulment upon petition of enforceable acts of the administrative authorities for excess of power or violation of the law. the reversal upon petition of final judgements of ordinary administrative courts, as specified by law. the trial of substantive administrative disputes submitted thereto as provided by the constitution and the statutes. the elaboration of all decrees of a general regulatory nature. the provisions of article 93 paragraphs 2 and 3 shall not be applicable in the exercise of the competence specified under subparagraph (d) of the preceding paragraph. the trial of categories of cases that come under the supreme administrative court's jurisdiction for annulment may by law come under ordinary administrative courts, depending on their nature or importance. the supreme administrative court has the second instance jurisdiction, as specified by law. the jurisdiction of the supreme administrative court shall be regulated and exercised as specifically provided by law. the public administration shall be bound to comply with judicial decisions. the breach of this obligation shall render liable any competent agent, as specified by law. law shall specify the measures necessary for ensuring the compliance of the public administration. article 96 the punishment of crimes and the adoption of all measures provided by criminal laws belong to the jurisdiction of ordinary criminal courts. statutes may: (a) assign the trial of police offences punishable by fine to authorities exercising police duties, (b) assign the trial of petty offences related to agrarian property and private disputes arising there from, to agrarian security authorities. in both cases judgments shall be subject to appeal before the competent ordinary court; such appeal shall suspend the execution of the judgment. special statutes shall regulate matters pertaining to juvenile courts. the provisions of articles 93 paragraph 2 and 97 need not apply in this case. the judgments of these courts may be pronounced in camera. special statutes provide for: military, naval and air force courts which shall have no jurisdiction over civilians. prize courts. the courts specified under section (a) of the previous paragraph shall be composed in majority of members of the judicial branch of the armed forces, vested with the guaranties of functional and personal independence specified in article 87 paragraph i of the constitution. the provisions of paragraphs 2 to 4 of article 93 shall apply to the sittings and judgements of these courts. matters pertaining to the application of provisions of this paragraph, as well as the time upon which they shall enter into force, shall be specified by law. article 97 felonies and political crimes shall be tried by mixed jury courts composed of ordinary judges and jurors, as specified by law. the judgments of these courts shall be subject to the legal remedies specified by law. felonies and political crimes which prior to the date of entry into force of this constitution have, by constituent acts, parliamentary resolutions and special statutes, come under the jurisdiction of courts of appeal shall continue to be tried by the said courts, as long as a statute does not transfer them to the jurisdiction of mixed jury courts. other felonies may be transferred to the jurisdiction of the same courts of appeal by statute. crimes of any degree committed through the press shall be under the jurisdiction of ordinary criminal courts, as specified by law. article 98 the jurisdiction of the court of audit pertains mainly to: the audit of the expenditures of the state as well as of local government agencies or other legal entities subject to this status by special provision of law. the audit of high financial value contracts in which contracting partner is the state or any other legal entity which in this respect is equated to the state, as specified by law. the audit of the accounts of accountable officials and of the local government agencies or other legal entities subject to the audit provided by section (a). advisory opinions concerning bills on pensions or on the recognition of service for granting of the right to a pension, in accordance with article 73 paragraph 2, as well as on all other matters specified by law. the drawing up and submission to parliament of a report on the financial statement and balance sheet of the state, according to article 79 paragraph 7. the trial of disputes concerning the granting of pensions as well as the audit of accounts under section (c). the trial of cases related to liability of civil or military servants of the state, as well as of civil servants of local government agencies and of the other public law legal persons, for any loss that through intent or negligence incurred upon the state, the local government agencies or other public law legal persons. the jurisdiction of the court of audit shall be regulated and exercised as specified by law. the provisions of article 93 paragraphs 2 and 3 shall not be applicable in the cases specified in (a) through (d) of the preceding paragraph. the judgments of the court of audit in the cases specified in paragraph 1 shall not be subject to the control of the supreme administrative court. article 99 suits against magistrates for faulty wrongful judgment shall be tried, as specified by law, by a special court composed of the president of the supreme administrative court, as president, and one councillor of the supreme administrative court, one supreme civil and criminal court judge, one councillor of the court of audit, two law professors of the law schools of the country's universities and two barristers from among the members of the supreme disciplinary council for barristers, as members, all of whom shall be chosen by lot. each time, that member of the special court shall be exempted who belongs to the judicial corps or branch, the actions or omissions of a magistrate of which the court is called upon to judge. in the case of a suit against a member of the supreme administrative court or a magistrate of the ordinary administrative courts, the special court shall be presided over by the president of the supreme civil and criminal court. no permission shall be required to institute a suit for faulty wrongful judgement. article 100 a special highest court shall be established, the jurisdiction of which shall comprise: the trial of objections in accordance with article 58. verification of the validity and returns of a referendum held in accordance with article 44 paragraph 2. judgment in cases involving the incompatibility or the forfeiture of office by a member of parliament, in accordance with article 55 paragraph 2 and article 57. settlement of any conflict between the courts and the administrative authorities, or between the supreme administrative court and the ordinary administrative courts on one hand and the civil and criminal courts on the other, or between the court of audit and any other court. settlement of controversies on whether the content of a statute enacted by parliament is contrary to the constitution, or on the interpretation of provisions of such statute when conflicting judgments have been pronounced by the supreme administrative court, the supreme civil and criminal court or the court of audit. the settlement of controversies related to the designation of rules of international law as generally acknowledged in accordance with article 28 paragraph 1. the court specified in paragraph 1 shall be composed of the president of the supreme administrative court, the president of the supreme civil and criminal court and the president of the court of audit, four councillors of the supreme administrative court and four members of the supreme civil and criminal court chosen by lot for a two-year term. the court shall be presided over by the president of the supreme administrative court or the president of the supreme civil and criminal court, according to seniority. in the cases specified under sections (d) and (e) of the preceding paragraph, the composition of the court shall be expanded to include two law professors of the law schools of the country's universities, chosen by lot. the organization and functioning of the court, the appointment, replacement of and assistance to its members, as well as the procedure to be followed shall be determined by special statute. the judgments of this court shall be irrevocable. provisions of a statute declared unconstitutional shall be invalid as of the date of publication of the respective judgment, or as of the date specified by the ruling. when a section of the supreme administrative court or chamber of the supreme civil and criminal court or of the court of audit judges a provision of a statute to be contrary to the constitution, it is bound to refer the question to the respective plenum, unless this has been judged by a previous decision of the plenum or of the special highest court of this article. the plenum shall be assembled into judicial formation and shall decide definitively, as specified by law. this regulation shall also apply accordingly to the elaboration of regulatory decrees by the supreme administrative court. article 100a matters relating to the establishment and functioning of the legal council of the state, as well as matters relating to the service status of functionaries and servants who serve therein, shall be specified by law. the competence of the legal council of the state pertains mainly to the judicial support and representation of the state and to the recognition of claims against it or to the settlement of disputes with the state. the provisions of article 88 paragraphs 2 and 5, and of article 90 paragraph 5, shall apply accordingly to the main staff of the legal council of the state. section vi. administration chapter 1. organization of the administration article 101 the administration of the state shall be organized according to the principle of decentralization. the administrative division of the country shall be based on geoeconomic, social and transportation conditions. regional administrations of the state shall have general decisive authority on matters of their district. the central administrations of the state, in addition to special powers, shall have the general guidance, coordination and review of the legality of the acts of regional administrations, as specified by law. the legislator and the public administration, when acting in their regulatory capacity, must take into consideration the special circumstances of the insular and mountainous areas caring for their development. article 101a in cases where the establishment and functioning of an independent authority is provided by the constitution, its members shall be appointed for a fixed tenure and shall enjoy personal and functional independence, as specified by law. matters relating to the appointment and service status of the scientific and other staff of the service that is constituted for the support and functioning of every independent authority shall be specified by law. the members of the independent authorities must possess the corresponding qualifications, as specified by law. their selection is made by decision of the conference of parliamentary chairmen seeking unanimity or in any case by the increased majority of four fifths of its members. matters relating to the selection procedure are specified by the standing orders of the parliament. matters concerning the relation between the independent authorities and the parliament, and the manner, in which parliamentary control is exercised, are specified by the standing orders of the parliament. article 102 the administration of local affairs shall be exercised by local government agencies of first and second level. for the administration of local affairs, there is a presumption of competence in favour of local government agencies. the range and categories of local affairs, as well as their allocation to each level, shall be specified by law. law may assign to local government agencies the exercise of competences constituting mission of the state. local government agencies shall enjoy administrative and financial independence. their authorities shall be elected by universal and secret ballot, as specified by law. law may provide for compulsory or voluntary associations of local government agencies to execute works or render services or exercise competences belonging to local government agencies; these shall be governed by elected administrations. the state shall exercise the supervision of local government agencies, which shall consist exclusively in the review of the legality and shall not be allowed to impede their initiative and freedom of action. the review of legality shall be exercised as specified by law. with the exception of cases involving ipso jure forfeiture of office or suspension, disciplinary sanctions to elected administrations of local government agencies shall be imposed only with the concurrent opinion of a council composed in its majority of judges, as specified by law. the state shall adopt the legislative, regulatory and fiscal measures required for ensuring the financial independence and the funds necessary to the fulfilment of the mission and exercise of the competences of local government agencies, ensuring at the same time the transparency in the management of such funds. matters pertaining to the attribution and allocation, among local government agencies, of the taxes or duties provided in their favour and collected by the state shall be specified by law. every transfer of competences from central or regional administrations of the state to local government also entails the transfer of the corresponding funds. matters pertaining to the determination and collection of local revenues directly from local government agencies shall be specified by law. chapter 2. status of administrative agents article 103 civil servants shall be the executors of the will of the state and shall serve the people, owing allegiance to the constitution and devotion to the fatherland. the qualifications and the manner of their appointment shall be specified by law. no one may be appointed to a post not provided by law. special statutes may provide for exceptions in order to fill unforeseeable and urgent needs with personnel hired for a certain period of time on a private law contract. posts of specialized scientific and technical or auxiliary personnel provided by law, may be filled by personnel hired on private law contracts. the terms of employment and the specific guarantees under which this personnel shall be employed, shall be specified by law. civil servants holding posts provided by law shall be permanent so long as these posts exist. their salaries shall evolve in accordance with the provisions of the law ; with the exception of those retiring upon attainment of the age limit or when dismissed by court judgement, civil servants may not be transferred without an opinion or lowered in rank or dismissed without a decision of a service council consisting of at least two-thirds of permanent civil servants. recourse against the decisions of these councils may be sought before the supreme administrative court, as specified by law. highest civil servants holding posts outside of the civil service hierarchy, persons directly appointed on an ambassadorial rank, employees of the presidency of the republic and the offices of the prime minister, ministers and undersecretaries may by law be exempted from permanency. the provisions of the preceding paragraphs shall apply to the staff of parliament, which in other aspects shall be entirely subject to its standing orders, and to the civil servants of local government agencies and other public law legal persons. engagement of servants in the public administration and in the wider public sector, as this is defined each time, with the exception of cases under paragraph 5, shall take place either by competitive entry examination or by selection on basis of predefined and objective criteria, and shall be subject to the control of an independent authority, as specified by law. the law may provide for special selection procedures that are subject to increased guarantees of transparency and meritocracy, or for special procedures for personnel selection to posts whose activities are subject to special constitutional guarantees or are similar to a mandate. the law shall specify the conditions and duration of private law employment relations in the public administration and in the wider public sector, as this is defined each time, either to fill in posts beyond those provided for in the first section of paragraph 3, or to fill in temporary or unforeseeable and urgent needs according to the second section of paragraph 2. the law shall also specify the duties that may be undertaken by the personnel of the preceding section. conversion by law of the employees under the first section to permanent civil servants or conversion by law of their employment contracts into contracts of unlimited duration is prohibited. the prohibitions of the present paragraph also apply to those employed on the basis of services for the performance of a specific task. law shall specify matters relating to the establishment and activities of the "ombudsman", who functions as an independent authority. article 104 none of the employees mentioned in the preceding article may be appointed to another post of the civil service or of local government agencies or of other public law legal persons, or of public enterprises or public utility agencies. as an exception, appointment to a second post may be permitted by special statute, in compliance with the provisions of the following paragraph. additional salaries or emoluments of any kind of employees mentioned in the preceding article may not exceed the total salary received per month from their post which is provided by law. no prior permission shall be required to bring to trial civil servants or employees of local government agencies or of other public corporate bodies. chapter 3. regime of aghion oros (mount athos) article 105 the athos peninsula extending beyond megali vigla and constituting the region of aghion oros shall, in accordance with its ancient privileged status, be a self-governed part of the greek state, whose sovereignty thereon shall remain intact. spiritually, aghion oros shall come under the direct jurisdiction of the ecumenical patriarchate. all persons leading a monastic life thereon acquire greek citizenship without further formalities, upon admission as novices or monks. aghion oros shall be governed, according to its regime, by its twenty holy monasteries among which the entire athos peninsula is divided; the territory of the peninsula shall be exempt from expropriation. the administration of aghion oros shall be exercised by representatives of the holy monasteries constituting the holy community. no change whatsoever shall be permitted in the administrative system or in the number of monasteries of aghion oros, or in their hierarchical order or in their position to their subordinate dependencies. heterodox or schismatic persons shall be prohibited from dwelling thereon. the determination in detail of the regimes of the aghion oros entities and the manner of operation thereof is effected by the charter of aghion oros which, with the cooperation of the state representative, shall be drawn up and voted by the twenty holy monasteries and ratified by the ecumenical patriarchate and the parliament of the hellenes. faithful observance of the regimes of the aghion oros entities shall in the spiritual field be under the supreme supervision of the ecumenical patriarchate, and, in the administrative, under the supervision of the state, which shall also be exclusively responsible for safeguarding public order and security. the afore-mentioned powers of the state shall be exercised through a governor whose rights and duties shall be determined by law. the law shall likewise determine the judicial power exercised by the monastic authorities and the holy community, as well as the customs and taxation privileges of aghion oros. part 4. special, final and transitory provisions section i. special provisions article 106 in order to consolidate social peace and protect the general interest, the state shall plan and coordinate economic activity in the country, aiming at safeguarding the economic development of all sectors of the national economy. the state shall take all measures necessary to develop sources of national wealth in the atmosphere, in underground and underwater deposits, and to promote regional development and to further especially the economy of mountainous, insular and frontier areas. private economic initiative shall not be permitted to develop at the expense of freedom and human dignity, or to the detriment of the national economy. with the reservation of the protection provided in article 107 in connection with the re-export of foreign capital, the law may regulate the acquisition by purchase of enterprises or the compulsory participation therein of the state or other public agencies, in the event these enterprises are of the nature of a monopoly or are of vital importance to the development of sources of national wealth or are primarily intended to offer services to the community as a whole. the cost of purchase or the counterpart to the compulsory participation of the state or other public agencies must indispensably be determined by a court and must be in full, so as to correspond to the value of the purchased enterprise or the participation therein. a shareholder, partner or owner of an enterprise, the control of which devolves upon the state or upon an agency controlled by the state as a result of compulsory participation in accordance with paragraph 3, shall be entitled to request the purchase of his share in the enterprise, as specified by law. the law may specify matters pertaining to the contribution to the state expenditure by beneficiaries from the execution of public utility works or works of a more general significance for the economic development of the country. interpretative clause the value specified in paragraph 4 does not include such value as is due to the monopolistic nature of the enterprise. article 107 legislation enjoying legal force higher than that of statutes, enacted before april 21, 1967, pertaining to the protection of foreign capital shall continue to enjoy such legal force and shall be applicable to capital imported henceforth. the same legal force is enjoyed by the provisions of chapters a through d of section a of statute 27/1975 "on the taxation of ships, compulsory contributions for the development of the merchant marine, establishment of foreign shipping companies and regulation of related matters". a statute, to be promulgated once and for all within three months of the date of entry into force of this constitution, shall specify the terms and the procedure for the revision or cancellation of administrative acts approving investments in application of legislative decree 2687/1953 and issued in any form whatsoever, or agreements contracted on investment of foreign capital between april 21, 1967 and july 23, 1974, with the exception of those pertaining to the registration of ships under the greek flag. article 108 the state must take care for emigrant greeks and for the maintenance of their ties with the fatherland. the state shall also attend to the education, the social and professional advancement of greeks working outside the state. law shall specify matters relating to the organisation, operation and competences of the council of hellenes abroad, whose mission is the expression of all communities of hellenes across the world. article 109 alteration of the contents or terms of a will, codicil or donation as to the provisions benefiting the state or a charitable cause is prohibited. exceptionally, a more beneficial use or disposal of a bequest or donation, for the same or for another charitable cause in the area designated by the donor or the testator, or in the greater district thereabout, shall be permitted, as specified by law, after it is certified by a court judgement that for any reason whatsoever, the will of the donor or the testator cannot be fulfilled, either in whole or to its greatest extent as well as if it can be more fully satisfied by the change of use. law shall specify matters relating to the compilation of a register of bequeaths or devises in general and by region, to the registration and classification of their property, to the administration and management of each bequeath or devise in accordance with the will of the devisor or donor, and any other relevant issue. section ii. revision of the constitution article 110 the provisions of the constitution shall be subject to revision with the exception of those which determine the form of government as a parliamentary republic and those of articles 2 paragraph 1, 4 paragraphs 1, 4 and 7 , 5 paragraphs 1 and 3, 13 paragraph 1, and 26. the need for revision of the constitution shall be ascertained by a resolution of parliament adopted, on the proposal of not less than fifty members of parliament, by a three-fifths majority of the total number of its members in two ballots, held at least one month apart. this resolution shall define specifically the provisions to be revised. upon a resolution by parliament on the revision of the constitution, the next parliament shall, in the course of its opening session, decide on the provisions to be revised by an absolute majority of the total number of its members. should a proposal for revision of the constitution receive the majority of the votes of the total number of members but not the three-fifths majority specified in paragraph 2, the next parliament may, in its opening session, decide on the provisions to be revised by a three-fifths majority of the total number of its members. every duly voted revision of provisions of the constitution shall be published in the government gazette within ten days of its adoption by parliament and shall come into force through a special parliamentary resolution. revision of the constitution is not permitted before the lapse of five years from the completion of a previous revision. section iii. transitory provisions article 111 all provisions of statutes or of administrative acts of a regulatory nature which are contrary to the constitution are abolished as of the date the constitution comes into force. constituent acts promulgated between july 24, 1974 and the convocation of the fifth revisionary parliament, as well as parliamentary resolutions thereof shall continue to be in force even if their provisions are contrary to the constitution: they can be amended or abolished by statute. as of the date of coming into force of the constitution, the provision of article 8 of the constituent act of september 3, 1974 concerning the retirement age limit for professors of university level institutions is abolished. article 2 of the presidential decree 700 of october 9, 1974 "on the partial re-enactment of articles 5, 6, 8, 10, 12, 14, 95, and 97 of the constitution and the lifting of the statute "on a state of siege" and legislative decree 167 of november 16, 1974 "on granting of the legal remedy of appeal against the judgments of the military tribunal", shall remain in force, allowing for their amendment or abolition by statute. the parliamentary resolution of april 16/29, 1952 shall remain in force for six months from the date of coming into force of this constitution. within this time-limit, the amendment, completion or abolition by statute of the constituent acts and resolutions referred to in article 3 paragraph i of the aforementioned resolution shall be permitted, as well as the maintenance of some of these, in whole or in part, even after the lapse of this time-limit, on condition that the provisions amended, completed or remaining in force cannot be contrary to this constitution. greeks deprived in any manner whatsoever of their citizenship prior to the coming into force of this constitution shall re-acquire it upon a decision by special committees of magistrates as specified by law. the provision of article 19 of legislative decree 3370/1955 <<on sanctioning of the code of greek citizenship>> shall remain in force until it is repealed by law. article 112 on matters where provisions of this constitution explicitly require the promulgation of a statute to regulate them, the statutes or the administrative acts of a regulatory nature which are in force, as the case may be, at the time this constitution comes into force, shall remain in force until the statute shall be promulgated, with the exception of those which are contrary to the provisions of the constitution. the provisions of article 109 paragraph 2 and 79 paragraph 8 shall enter into force as of the date of the coming into force of each of the statutes especially provided therein which must be promulgated at the latest by the end of the year 1976. until the statute provided for in article 109 paragraph 2 comes into force, the already existing constitutional and legislative regulation at the time this constitution enters into force shall continue to be applicable. constituent act of october 5, 1974, which shall remain in force, shall be construed as meaning that the suspension of the exercise of the duties of professors as of their election as members of parliament shall not, throughout the duration of the present parliamentary term, be extended to include teaching, research, authorship, and scientific work in laboratories and classrooms of the respective schools; but the participation of these professors in the administration of schools and in the election of teaching personnel in general or in the examination of students shall be excluded. the application of article 16 paragraph 3, on the number of years of compulsory education, shall be fulfilled by means of a statute, within five years of the coming into force of this constitution. article 113 the standing orders of parliament, the parliamentary resolutions pertaining thereto and the statutes specifying the manner in which parliament shall function, shall continue to be in force pending the date of enactment of the new standing orders, with the exception of those which are contrary to the provisions of this constitution. as to the function of the sections of parliament provided by articles 70 and 71 of the constitution, the provisions of the last standing orders regulating the work of the special legislative committee of article 35 of the constitution of january 1, 1952 shall apply in a supplementary manner, as provided by article 3 of parliamentary resolution a' dated december 14, 1974. pending the enactment of the new standing orders the committee of article 71 of the constitution shall be composed of sixty regular members and thirty alternate, to be selected by the speaker from among all parties and groups, in proportion to their strength. in case of dispute, prior to the publication of the new standing orders, on the provisions to be applied, the plenum or the section of parliament in the operation of which the question has arisen shall decide. article 114 the election of the first president of the republic must take place within two months of the publication of this constitution at the latest, in a special session of parliament, to be called by the speaker at least five days in advance; the provisions of the standing orders as to the election of the speaker shall be analogously applied. the president to be elected shall assume the discharge of his duties upon being sworn in, within five days of his election at the latest. the statute specified in article 49 paragraph 5 on the regulation of matters related to the liabilities of the president of the republic must be promulgated before december 31, 1975. pending the enactment of the statute specified in article 33 paragraph 3, matters defined therein shall be regulated by the provisions pertaining to the provisional president of the republic. as of the date of enactment of this constitution and until the president of the republic to be elected assumes the discharge of his duties, the provisional president of the republic shall exercise the authority vested in the president by the constitution, with the restrictions specified in article 2 of parliamentary resolution b' of the fifth revisionary parliament dated december 24, 1974. article 115 pending the enactment of the statute provided in article 86 paragraph 1, the standing provisions on prosecution, interrogation and trial of acts and omissions specified in article 49 paragraph 1 and article 85 shall be applicable. pending the entry into force of the statute provided by article 99, suits for faulty wrongful judgment shall be tried by the court provided under article 110 of the constitution of january 1, 1952, and in accordance with the procedure effective at the time of publication of this constitution. pending the entry into force of the statute provided by the article 87 paragraph 3 and the establishment of the judicial and disciplinary committees provided under article 90 paragraphs 1 and 2 and article 91, the relevant provisions valid at the time of the entry into force of this constitution shall remain in force. the statuses on the above matters must be promulgated not later than one year from the date of coming into force of this constitution. pending the entry into force of the statuses provided under article 92, the provisions existing at the time this constitution enters into force shall remain in force. the said statuses must be promulgated not later than one year from the date of coming into force of this constitution. article 116 existing provisions contrary to article 4 paragraph 2 shall remain in force pending their abolition by statute not later than december 31, 1982. adoption of positive measures for promoting equality between men and women does not constitute discrimination on grounds of sex. the state shall take measures for the elimination of inequalities actually existing, in particular to the detriment of women. ministerial decisions of a regulatory nature as well as provisions of collective agreements or arbitration decisions fixing the remuneration for employment which are contrary to the provisions of article 22 paragraph 1 shall remain in force until they are replaced not later than three years from the date of entry into force of this constitution. article 117 laws issued before april 21, 1967, in application of article 104 of the constitution of january 1, 1952 shall be deemed not to be contrary to this constitution and shall remain in force. notwithstanding article 17, the legislative regulation and dissolution of existing leases of farms and other land onuses, the purchase of bare ownership by long leasers of long leased plots and the abrogation of peculiar real property relationships shall be permitted. public or private forests or forest expanses which have been destroyed or are being destroyed by fire or have otherwise been de ed or are being deforested, shall not thereby relinquish their previous designation and shall compulsorily be proclaimed reforestable, the possibility of their disposal for other uses being excluded. the expropriation of forests and forest expanses owned by individuals or by private or public law legal persons shall be permitted only in cases benefiting the state, in accordance with the provisions of article 17, for reasons of public utility; but their designation as forests shall not be altered. the expropriations which have been declared or are being declared until the existing statutes on expropriation have been adapted to this constitution, shall be governed by provisions in force at the time of their declaration. paragraphs 3 and 5 of article 24 shall be applicable to residential areas which have been designated or are being reformed as such as of the coming into force of the laws provided for therein. the revised provision of the first section of paragraph 4 of article 17 shall come into force upon entry into force of the corresponding implementing law and in any case as of 1.1.2002. article 118 as of the date of entry into force of this constitution magistrates from the rank of president or public prosecutor of the court of appeals and up or of corresponding ranks, shall retire from service, as before that time, upon attainment of the age of seventy years; this age limit shall annually be lowered by one year until the age of sixty-seven years, beginning in 1977. highest magistrates who were not in service at the time the constituent act of september 4/5, 1974 â´on the restoration of order and harmony in the judicial branch>> came into force and who were demoted on that basis, due to the time at which their promotion was made and against whom the disciplinary prosecution specified in article 6 of the said constituent act was not initiated, shall be compulsorily committed by the competent minister to the highest disciplinary council, within three months of the coming into force of this constitution. the highest disciplinary council shall decide whether the conditions of promotion have reduced the prestige and the special position in the service of the promoted person and shall by final decision rule on re-acquisition or not of the automatically forfeited rank and the rights attached thereto, the retroactive payment of salary or pension being however excluded. the decision must be pronounced within three months of committal. the closest living relatives of a magistrates having been demoted and deceased, may exercise all the rights accorded to persons under disciplinary trial before the highest disciplinary council. pending the publication of the law provided under article 101 paragraph 3, provisions in force pertaining to the distribution of authority between central and regional services shall continue to be applied. these provisions may be amended by the transfer of special authority from central to regional services. the revised provisions of paragraphs 2 and 3 under article 89 shall come into force upon entry into force of the corresponding implementing law and in any case as of 1.1.2002. the presidents of the supreme courts, the public prosecutor of the supreme civil and criminal court, the general commissioners of administrative courts and of the court of audit, as well as the president of the legal council of the state who are in service at the time of entry into force of the revised provision of paragraph 5 of article 90, shall retire, as provided by paragraph 5 of article 88. exceptions from the competence of the highest personnel selection council provided for or maintained in statute 2190/1994, as in force, continue to apply. legislative regulations concerning the finalisation of the service status for staff coming under paragraph 8 of article 103 continue to apply until the relevant procedures are completed. article 119 the inadmissibility of petitions for annulment of acts issued between april 21, 1967 and july 23, 1974, irrespective of the way it operated, may be lifted by statute regardless of whether or not such a petition had been submitted; in no case, however, may retroactive wages be paid to persons who prevail through this legal remedy. military or civil servants who by law have been restored ipso jure to the public posts they occupied and who have become members of parliament, may within an eight-day limit state their choice between their parliamentary office and their public post. section iv. final provision article 120 this constitution, voted by the fifth revisionary parliament of the hellenes, is signed by its speaker and published by the provisional president of the republic in the government gazette by decree countersigned by the cabinet and shall enter into force on the eleventh of june 1975. respect towards the constitution and the law concurrent thereto, and devotion to the fatherland and to democracy constitute a fundamental duty of all greeks. usurpation, in any way whatsoever, of popular sovereignty and of powers deriving therefrom shall be prosecuted upon restoration of the lawful authority; the limitation from which punishment for the crime is barred shall begin as of the restoration of lawful authority. observance of the constitution is entrusted to the patriotism of the greeks who shall have the right and the duty to resist by all possible means against anyone who attempts the violent abolition of the constitution. preamble conscious of their responsibility before god and man, inspired by the determination to promote world peace as an equal partner in a united europe, the german people, in the exercise of their constituent power, have adopted this basic law. germans in the länder of baden-württemberg, bavaria, berlin, brandenburg, bremen, hamburg, hesse, lower saxony, mecklenburg-western pomerania, north rhine-westphalia, rhineland-palatinate, saarland, saxony, saxony-anhalt, schleswig-holstein and thuringia have achieved the unity and freedom of germany in free self-determination. this basic law thus applies to the entire german people. i. basic rights article 1. [human dignity human rights legally binding force of basic rights] human dignity shall be inviolable. to respect and protect it shall be the duty of all state authority. the german people therefore acknowledge inviolable and inalienable human rights as the basis of every community, of peace and of justice in the world. the following basic rights shall bind the legislature, the executive and the judiciary as directly applicable law. article 2. [personal freedoms] every person shall have the right to free development of his personality insofar as he does not violate the rights of others or offend against the constitutional order or the moral law. every person shall have the right to life and physical integrity. freedom of the person shall be inviolable. these rights may be interfered with only pursuant to a law. article 3. [equality before the law] all persons shall be equal before the law. men and women shall have equal rights. the state shall promote the actual implementation of equal rights for women and men and take steps to eliminate disadvantages that now exist. no person shall be favoured or disfavoured because of sex, parentage, race, language, homeland and origin, faith, or religious or political opinions. no person shall be disfavoured because of disability. article 4. [freedom of faith and conscience] freedom of faith and of conscience, and freedom to profess a religious or philosophical creed, shall be inviolable. the undisturbed practice of religion shall be guaranteed. no person shall be compelled against his conscience to render military service involving the use of arms. details shall be regulated by a federal law. article 5. [freedom of expression, arts and sciences] every person shall have the right freely to express and disseminate his opinions in speech, writing and pictures, and to inform himself without hindrance from generally accessible sources. freedom of the press and freedom of reporting by means of broadcasts and films shall be guaranteed. there shall be no censorship. these rights shall find their limits in the provisions of general laws, in provisions for the protection of young persons, and in the right to personal honour. arts and sciences, research and teaching shall be free. the freedom of teaching shall not release any person from allegiance to the constitution. article 6. [marriage family children] marriage and the family shall enjoy the special protection of the state. the care and upbringing of children is the natural right of parents and a duty primarily incumbent upon them. the state shall watch over them in the performance of this duty. children may be separated from their families against the will of their parents or guardians only pursuant to a law, and only if the parents or guardians fail in their duties or the children are otherwise in danger of serious neglect. every mother shall be entitled to the protection and care of the community. children born outside of marriage shall be provided by legislation with the same opportunities for physical and mental development and for their position in society as are enjoyed by those born within marriage. article 7. [school system] the entire school system shall be under the supervision of the state. parents and guardians shall have the right to decide whether children shall receive religious instruction. religious instruction shall form part of the regular curriculum in state schools, with the exception of non-denominational schools. without prejudice to the state's right of supervision, religious instruction shall be given in accordance with the tenets of the religious community concerned. teachers may not be obliged against their will to give religious instruction. the right to establish private schools shall be guaranteed. private schools that serve as alternatives to state schools shall require the approval of the state and shall be subject to the laws of the länder. such approval shall be given when private schools are not inferior to the state schools in terms of their educational aims, their facilities, or the professional training of their teaching staff, and when segregation of pupils according to the means of their parents will not be encouraged thereby. approval shall be withheld if the economic and legal position of the teaching staff is not adequately assured. a private elementary school shall be approved only if the educational authority finds that it serves a special pedagogical interest or if, on the application of parents or guardians, it is to be established as a denominational or interdenominational school or as a school based on a particular philosophy and no state elementary school of that type exists in the municipality. preparatory schools shall remain abolished. article 8. [freedom of assembly] all germans shall have the right to assemble peacefully and unarmed without prior notification or permission. in the case of outdoor assemblies, this right may be restricted by or pursuant to a law. article 9. [freedom of association] all germans shall have the right to form corporations and other associations. associations whose aims or activities contravene the criminal laws, or that are directed against the constitutional order or the concept of international understanding, shall be prohibited. the right to form associations to safeguard and improve working and economic conditions shall be guaranteed to every individual and to every occupation or profession. agreements that restrict or seek to impair this right shall be null and void; measures directed to this end shall be unlawful. measures taken pursuant to article 12a, to paragraphs (2) and (3) of article 35, to paragraph (4) of article 87a, or to article 91 may not be directed against industrial disputes engaged in by associations within the meaning of the first sentence of this paragraph in order to safeguard and improve working and economic conditions. article 10. [privacy of correspondence, posts and telecommunications] the privacy of correspondence, posts and telecommunications shall be inviolable. restrictions may be ordered only pursuant to a law. if the restriction serves to protect the free democratic basic order or the existence or security of the federation or of a land, the law may provide that the person affected shall not be informed of the restriction and that recourse to the courts shall be replaced by a review of the case by agencies and auxiliary agencies appointed by the legislature. article 11. [freedom of movement] all germans shall have the right to move freely throughout the federal territory. this right may be restricted only by or pursuant to a law, and only in cases in which the absence of adequate means of support would result in a particular burden for the community, or in which such restriction is necessary to avert an imminent danger to the existence or the free democratic basic order of the federation or of a land, to combat the danger of an epidemic, to respond to a grave accident or natural disaster, to protect young persons from serious neglect, or to prevent crime. article 12. [occupational freedom] all germans shall have the right freely to choose their occupation or profession, their place of work and their place of training. the practice of an occupation or profession may be regulated by or pursuant to a law. no person may be required to perform work of a particular kind except within the framework of a traditional duty of community service that applies generally and equally to all. forced labour may be imposed only on persons deprived of their liberty by the judgment of a court. article 12a. [compulsory military and alternative civilian service] men who have attained the age of eighteen may be required to serve in the armed forces, in the federal border police, or in a civil defence organisation. any person who, on grounds of conscience, refuses to render military service involving the use of arms may be required to perform alternative service. the duration of alternative service shall not exceed that of military service. details shall be regulated by a law, which shall not interfere with the freedom to make a decision in accordance with the dictates of conscience, and which shall also provide for the possibility of alternative service not connected with units of the armed forces or of the federal border police. persons liable to compulsory military service who are not called upon to render service pursuant to paragraph (1) or (2) of this article may, when a state of defence is in effect, be assigned by or pursuant to a law to employment involving civilian services for defence purposes, including the protection of the civilian population; they may be assigned to public employment only for the purpose of discharging police functions or such other sovereign functions of public administration as can be discharged only by persons employed in the public service. the employment contemplated by the first sentence of this paragraph may include services within the armed forces, in the provision of military supplies, or with public administrative authorities; assignments to employment connected with supplying and servicing the civilian population shall be permissible only to meet their basic requirements or to guarantee their safety. if, during a state of defence, the need for civilian services in the civilian health system or in stationary military hospitals cannot be met on a voluntary basis, women between the age of eighteen and fifty-five may be called upon to render such services by or pursuant to a law. under no circumstances may they be required to render service involving the use of arms. prior to the existence of a state of defence, assignments under paragraph (3) of this article may be made only if the requirements of paragraph (1) of article 80a are met. in preparation for the provision of services under paragraph (3) of this article that demand special knowledge or skills, participation in training courses may be required by or pursuant to a law. in this case the first sentence of this paragraph shall not apply. if, during a state of defence, the need for workers in the areas specified in the second sentence of paragraph (3) of this article cannot be met on a voluntary basis, the right of german citizens to abandon their occupation or place of employment may be restricted by or pursuant to a law in order to meet this need. prior to the existence of a state of defence, the first sentence of paragraph (5) of this article shall apply mutatis mutandis. article 13. [inviolability of the home] the home is inviolable. searches may be authorised only by a judge or, when time is of the essence, by other authorities designated by the laws, and may be carried out only in the manner therein prescribed. if particular facts justify the suspicion that any person has committed an especially serious crime specifically defined by a law, technical means of acoustical surveillance of any home in which the suspect is supposedly staying may be employed pursuant to judicial order for the purpose of prosecuting the offence, provided that alternative methods of investigating the matter would be disproportionately difficult or unproductive. the authorisation shall be for a limited time. the order shall be issued by a panel composed of three judges. when time is of the essence, it may also be issued by a single judge. to avert acute dangers to public safety, especially dangers to life or to the public, technical means of surveillance of the home may be employed only pursuant to judicial order. when time is of the essence, such measures may also be ordered by other authorities designated by a law; a judicial decision shall subsequently be obtained without delay. if technical means are contemplated solely for the protection of persons officially deployed in a home, the measure may be ordered by an authority designated by a law. the information thereby obtained may be otherwise used only for purposes of criminal prosecution or to avert danger and only if the legality of the measure has been previously determined by a judge; when time is of the essence, a judicial decision shall subsequently be obtained without delay. the federal government shall report to the bundestag annually as to the employment of technical means pursuant to paragraph (3) and, within the jurisdiction of the federation, pursuant to paragraph (4) and, insofar as judicial approval is required, pursuant to paragraph (5) of this article. a panel elected by the bundestag shall exercise parliamentary oversight on the basis of this report. a comparable parliamentary oversight shall be afforded by the länder. interferences and restrictions shall otherwise only be permissible to avert a danger to the public or to the life of an individual, or, pursuant to a law, to confront an acute danger to public safety and order, in particular to relieve a housing shortage, to combat the danger of an epidemic, or to protect young persons at risk. article 14. [property inheritance expropriation] property and the right of inheritance shall be guaranteed. their content and limits shall be defined by the laws. property entails obligations. its use shall also serve the public good. expropriation shall only be permissible for the public good. it may only be ordered by or pursuant to a law that determines the nature and extent of compensation. such compensation shall be determined by establishing an equitable balance between the public interest and the interests of those affected. in case of dispute concerning the amount of compensation, recourse may be had to the ordinary courts. article 15. [socialisation] land, natural resources and means of production may for the purpose of socialisation be transferred to public ownership or other forms of public enterprise by a law that determines the nature and extent of compensation. with respect to such compensation the third and fourth sentences of paragraph (3) of article 14 shall apply mutatis mutandis. article 16. [citizenship extradition] no german may be deprived of his citizenship. citizenship may be lost only pursuant to a law, and against the will of the person affected only if he does not become stateless as a result. no german may be extradited to a foreign country. the law may provide otherwise for extraditions to a member state of the european union or to an international court, provided that the rule of law is observed. article 16a. [right of asylum] persons persecuted on political grounds shall have the right of asylum. paragraph (1) of this article may not be invoked by a person who enters the federal territory from a member state of the european communities or from another third state in which application of the convention relating to the status of refugees and of the convention for the protection of human rights and fundamental freedoms is assured. the states outside the european communities to which the criteria of the first sentence of this paragraph apply shall be specified by a law requiring the consent of the bundesrat. in the cases specified in the first sentence of this paragraph, measures to terminate an applicant's stay may be implemented without regard to any legal challenge that may have been instituted against them. by a law requiring the consent of the bundesrat, states may be specified in which, on the basis of their laws, enforcement practices and general political conditions, it can be safely concluded that neither political persecution nor inhuman or degrading punishment or treatment exists. it shall be presumed that a foreigner from such a state is not persecuted, unless he presents evidence justifying the conclusion that, contrary to this presumption, he is persecuted on political grounds. in the cases specified by paragraph (3) of this article and in other cases that are plainly unfounded or considered to be plainly unfounded, the implementation of measures to terminate an applicant's stay may be suspended by a court only if serious doubts exist as to their legality; the scope of review may be limited, and tardy objections may be disregarded. details shall be determined by a law. paragraphs (1) to (4) of this article shall not preclude the conclusion of international agreements of member states of the european communities with each other or with those third states which, with due regard for the obligations arising from the convention relating to the status of refugees and the convention for the protection of human rights and fundamental freedoms, whose enforcement must be assured in the contracting states, adopt rules conferring jurisdiction to decide on applications for asylum, including the reciprocal recognition of asylum decisions. article 17. [right of petition] every person shall have the right individually or jointly with others to address written requests or complaints to competent authorities and to the legislature. article 17a. [restriction of basic rights in specific instances] laws regarding military and alternative service may provide that the basic right of members of the armed forces and of alternative service freely to express and disseminate their opinions in speech, writing and pictures (first clause of paragraph (1) of article 5), the basic right of assembly (article 8), and the right of petition (article 17) insofar as it permits the submission of requests or complaints jointly with others, be restricted during their period of military or alternative service. laws regarding defence, including protection of the civilian population, may provide for restriction of the basic rights of freedom of movement (article 11) and inviolability of the home (article 13). article 18. [forfeiture of basic rights] whoever abuses the freedom of expression, in particular the freedom of the press (paragraph (1) of article 5), the freedom of teaching (paragraph (3) of article 5), the freedom of assembly (article 8), the freedom of association (article 9), the privacy of correspondence, posts and telecommunications (article 10), the rights of property (article 14), or the right of asylum (article 16a) in order to combat the free democratic basic order shall forfeit these basic rights. this forfeiture and its extent shall be declared by the federal constitutional court. article 19. [restriction of basic rights legal remedies] insofar as, under this basic law, a basic right may be restricted by or pursuant to a law, such law must apply generally and not merely to a single case. in addition, the law must specify the basic right affected and the article in which it appears. in no case may the essence of a basic right be affected. the basic rights shall also apply to domestic artificial persons to the extent that the nature of such rights permits. should any person's rights be violated by public authority, he may have recourse to the courts. if no other jurisdiction has been established, recourse shall be to the ordinary courts. the second sentence of paragraph (2) of article 10 shall not be affected by this paragraph. ii. the federation and the länder article 20. [constitutional principles right of resistance] the federal republic of germany is a democratic and social federal state. all state authority is derived from the people. it shall be exercised by the people through elections and other votes and through specific legislative, executive and judicial bodies. the legislature shall be bound by the constitutional order, the executive and the judiciary by law and justice. all germans shall have the right to resist any person seeking to abolish this constitutional order, if no other remedy is available. article 20a. [protection of the natural foundations of life and animals] mindful also of its responsibility toward future generations, the state shall protect the natural foundations of life and animals by legislation and, in accordance with law and justice, by executive and judicial action, all within the framework of the constitutional order. article 21. [political parties] political parties shall participate in the formation of the political will of the people. they may be freely established. their internal organisation must conform to democratic principles. they must publicly account for their assets and for the sources and use of their funds. parties that, by reason of their aims or the behaviour of their adherents, seek to undermine or abolish the free democratic basic order or to endanger the existence of the federal republic of germany shall be unconstitutional. the federal constitutional court shall rule on the question of unconstitutionality. details shall be regulated by federal laws. article 22. [federal capital federal flag] berlin is the capital of the federal republic of germany. the federation shall be responsible for representing the nation as a whole in the capital. details shall be regulated by federal law. the federal flag shall be black, red and gold. article 23. [european union protection of basic rights principle of subsidiarity] with a view to establishing a united europe, the federal republic of germany shall participate in the development of the european union that is committed to democratic, social and federal principles, to the rule of law, and to the principle of subsidiarity, and that guarantees a level of protection of basic rights essentially comparable to that afforded by this basic law. to this end the federation may transfer sovereign powers by a law with the consent of the bundesrat. the establishment of the european union, as well as changes in its treaty foundations and comparable regulations that amend or supplement this basic law, or make such amendments or supplements possible, shall be subject to paragraphs (2) and (3) of article 79. the bundestag and the bundesrat shall have the right to bring an action before the court of justice of the european union to challenge a legislative act of the european union for infringing the principle of subsidiarity. the bundestag is obliged to initiate such an action at the request of one fourth of its members. by a statute requiring the consent of the bundesrat, exceptions from the first sentence of paragraph (2) of article 42, and the first sentence of paragraph (2) of article 52, may be authorised for the exercise of the rights granted to the bundestag and the bundesrat under the contractual foundations of the european union. the bundestag and, through the bundesrat, the länder shall participate in matters concerning the european union. the federal government shall keep the bundestag and the bundesrat informed, comprehensively and at the earliest possible time. before participating in legislative acts of the european union, the federal government shall provide the bundestag with an opportunity to state its position. the federal government shall take the position of the bundestag into account during the negotiations. details shall be regulated by a law. the bundesrat shall participate in the decision-making process of the federation insofar as it would have been competent to do so in a comparable domestic matter, or insofar as the subject falls within the domestic competence of the länder. insofar as, in an area within the exclusive competence of the federation, interests of the länder are affected, and in other matters, insofar as the federation has legislative power, the federal government shall take the position of the bundesrat into account. to the extent that the legislative powers of the länder, the structure of land authorities, or land administrative procedures are primarily affected, the position of the bundesrat shall be given the greatest possible respect in determining the federation's position consistent with the responsibility of the federation for the nation as a whole. in matters that may result in increased expenditures or reduced revenues for the federation, the consent of the federal government shall be required. when legislative powers exclusive to the länder concerning matters of school education, culture or broadcasting are primarily affected, the exercise of the rights belonging to the federal republic of germany as a member state of the european union shall be delegated by the federation to a representative of the länder designated by the bundesrat. these rights shall be exercised with the participation of, and in coordination with, the federal government; their exercise shall be consistent with the responsibility of the federation for the nation as a whole. details regarding paragraphs (4) to (6) of this article shall be regulated by a law requiring the consent of the bundesrat. article 24. [transfer of sovereign powers system of collective security] the federation may by a law transfer sovereign powers to international organisations. insofar as the länder are competent to exercise state powers and to perform state functions, they may, with the consent of the federal government, transfer sovereign powers to transfrontier institutions in neighbouring regions. with a view to maintaining peace, the federation may enter into a system of mutual collective security; in doing so it shall consent to such limitations upon its sovereign powers as will bring about and secure a lasting peace in europe and among the nations of the world. for the settlement of disputes between states, the federation shall accede to agreements providing for general, comprehensive and compulsory international arbitration. article 25. [primacy of international law] the general rules of international law shall be an integral part of federal law. they shall take precedence over the laws and directly create rights and duties for the inhabitants of the federal territory. article 26. [securing international peace] acts tending to and undertaken with intent to disturb the peaceful relations between nations, especially to prepare for a war of aggression, shall be unconstitutional. they shall be made a criminal offence. weapons designed for warfare may be manufactured, transported or marketed only with the permission of the federal government. details shall be regulated by a federal law. article 27. [merchant fleet] all german merchant vessels shall constitute a unitary merchant fleet. article 28. [land constitutions autonomy of municipalities] the constitutional order in the länder must conform to the principles of a republican, democratic and social state governed by the rule of law, within the meaning of this basic law. in each land, county and municipality the people shall be represented by a body chosen in general, direct, free, equal and secret elections. in county and municipal elections, persons who possess citizenship in any member state of the european community are also eligible to vote and to be elected in accord with european community law. in municipalities a local assembly may take the place of an elected body. municipalities must be guaranteed the right to regulate all local affairs on their own responsibility, within the limits prescribed by the laws. within the limits of their functions designated by a law, associations of municipalities shall also have the right of self-government according to the laws. the guarantee of self-government shall extend to the bases of financial autonomy; these bases shall include the right of municipalities to a source of tax revenues based upon economic ability and the right to establish the rates at which these sources shall be taxed. the federation shall guarantee that the constitutional order of the länder conforms to the basic rights and to the provisions of paragraphs (1) and (2) of this article. article 29. [new delimitation of the federal territory] the division of the federal territory into länder may be revised to ensure that each land be of a size and capacity to perform its functions effectively. due regard shall be given in this connection to regional, historical and cultural ties, economic efficiency, and the requirements of local and regional planning. revisions of the existing division into länder shall be effected by a federal law, which must be confirmed by referendum. the affected länder shall be afforded an opportunity to be heard. the referendum shall be held in the länder from whose territories or parts of territories a new land or a land with redefined boundaries is to be established (affected länder). the question to be voted on is whether the affected länder are to remain as they are or whether the new land or the land with redefined boundaries should be established. the proposal to establish a new land or a land with redefined boundaries shall take effect if the change is approved by a majority in the future territory of such land and by a majority in the territories or parts of territories of an affected land taken together whose affiliation with a land is to be changed in the same way. the proposal shall not take effect if within the territory of any of the affected länder a majority reject the change; however, such rejection shall be of no consequence if in any part of the territory whose affiliation with the affected land is to be changed a two-thirds majority approves the change, unless it is rejected by a two-thirds majority in the territory of the affected land as a whole. if in any clearly defined and contiguous residential and economic area located in two or more länder and having at least one million inhabitants one tenth of those entitled to vote in bundestag elections petition for the inclusion of that area in a single land, a federal law shall specify within two years whether the change shall be made in accordance with paragraph (2) of this article or that an advisory referendum shall be held in the affected länder. the advisory referendum shall establish whether the changes the law proposes meet with the voters' approval. the law may put forward not more than two distinct proposals for consideration by the voters. if a majority approves a proposed change of the existing division into länder, a federal law shall specify within two years whether the change shall be made in accordance with paragraph (2) of this article. if a proposal is approved in accordance with the third and fourth sentences of paragraph (3) of this article, a federal law providing for establishment of the proposed land shall be enacted within two years after the advisory ballot, and confirmation by referendum shall no longer be required. a majority in a referendum or in an advisory referendum shall consist of a majority of the votes cast, provided that it amounts to at least one quarter of those entitled to vote in bundestag elections. other details concerning referenda, petitions and advisory referenda shall be regulated by a federal law, which may also provide that the same petition may not be filed more than once within a period of five years. other changes concerning the territory of the länder may be effected by agreements between the länder concerned or by a federal law with the consent of the bundesrat, if the territory that is to be the subject of the change has no more than 50,000 inhabitants. details shall be regulated by a federal law requiring the consent of the bundesrat and of a majority of the members of the bundestag. the law must provide affected municipalities and counties with an opportunity to be heard. länder may revise the division of their existing territory or parts of their territory by agreement without regard to the provisions of paragraphs (2) to (7) of this article. affected municipalities and counties shall be afforded an opportunity to be heard. the agreement shall require confirmation by referendum in each of the länder concerned. if the revision affects only part of a land's territory, the referendum may be confined to the areas affected; the second clause of the fifth sentence shall not apply. in a referendum under this paragraph a majority of the votes cast shall be decisive, provided it amounts to at least one quarter of those entitled to vote in bundestag elections; details shall be regulated by a federal law. the agreement shall require the consent of the bundestag. article 30. [sovereign powers of the länder] except as otherwise provided or permitted by this basic law, the exercise of state powers and the discharge of state functions is a matter for the länder. article 31. [supremacy of federal law] federal law shall take precedence over land law. article 32. [foreign relations] relations with foreign states shall be conducted by the federation. before the conclusion of a treaty affecting the special circumstances of a land, that land shall be consulted in timely fashion. insofar as the länder have power to legislate, they may conclude treaties with foreign states with the consent of the federal government. article 33. [equal citizenship public service] every german shall have in every land the same political rights and duties. every german shall be equally eligible for any public office according to his aptitude, qualifications and professional achievements. neither the enjoyment of civil and political rights, nor eligibility for public office, nor rights acquired in the public service shall be dependent upon religious affiliation. no one may be disadvantaged by reason of adherence or non-adherence to a particular religious denomination or philosophical creed. the exercise of sovereign authority on a regular basis shall, as a rule, be entrusted to members of the public service who stand in a relationship of service and loyalty defined by public law. the law governing the public service shall be regulated and developed with due regard to the traditional principles of the professional civil service. article 34. [liability for violation of official duty] if any person, in the exercise of a public office entrusted to him, violates his official duty to a third party, liability shall rest principally with the state or public body that employs him. in the event of intentional wrongdoing or gross negligence, the right of recourse against the individual officer shall be preserved. the ordinary courts shall not be closed to claims for compensation or indemnity. article 35. [legal and administrative assistance and assistance during disasters] all federal and land authorities shall render legal and administrative assistance to one another. in order to maintain or restore public security or order, a land in particularly serious cases may call upon personnel and facilities of the federal border police to assist its police when without such assistance the police could not fulfil their responsibilities, or could do so only with great difficulty. in order to respond to a grave accident or a natural disaster, a land may call for the assistance of police forces of other länder or of personnel and facilities of other administrative authorities, of the armed forces, or of the federal border police. if the natural disaster or accident endangers the territory of more than one land, the federal government, insofar as is necessary to combat the danger, may instruct the land governments to place police forces at the disposal of other länder, and may deploy units of the federal border police or the armed forces to support the police. measures taken by the federal government pursuant to the first sentence of this paragraph shall be rescinded at any time at the demand of the bundesrat, and in any event as soon as the danger is removed. article 36. [personnel of federal authorities] civil servants employed by the highest federal authorities shall be drawn from all länder in appropriate proportion. persons employed by other federal authorities shall, as a rule, be drawn from the land in which they serve. laws regarding military service shall also take into account both the division of the federation into länder and the regional loyalties of their people. article 37. [federal execution] if a land fails to comply with its obligations under this basic law or other federal laws, the federal government, with the consent of the bundesrat, may take the necessary steps to compel the land to comply with its duties. for the purpose of implementing such coercive measures, the federal government or its representative shall have the right to issue instructions to all länder and their authorities. iii. the bundestag article 38. [elections] members of the german bundestag shall be elected in general, direct, free, equal and secret elections. they shall be representatives of the whole people, not bound by orders or instructions, and responsible only to their conscience. any person who has attained the age of eighteen shall be entitled to vote; any person who has attained the age of majority may be elected. details shall be regulated by a federal law. article 39. [electoral term convening] save the following provisions, the bundestag shall be elected for four years. its term shall end when a new bundestag convenes. new elections shall be held no sooner than forty-six months and no later than forty-eight months after the electoral term begins. if the bundestag is dissolved, new elections shall be held within sixty days. the bundestag shall convene no later than the thirtieth day after the elections. the bundestag shall determine when its sessions shall be adjourned and resumed. the president of the bundestag may convene it at an earlier date. he shall be obliged to do so if one third of the members, the federal president or the federal chancellor so demand. article 40. [presidency rules of procedure] the bundestag shall elect its president, vice-presidents and secretaries. it shall adopt rules of procedure. the president shall exercise proprietary and police powers in the bundestag building. no search or seizure may take place on the premises of the bundestag without his permission. article 41. [scrutiny of elections] scrutiny of elections shall be the responsibility of the bundestag. it shall also decide whether a member has lost his seat. complaints against such decisions of the bundestag may be lodged with the federal constitutional court. details shall be regulated by a federal law. article 42. [public sittings majority decisions] sittings of the bundestag shall be public. on the motion of one tenth of its members, or on the motion of the federal government, the public may be excluded by a two-thirds majority. the motion shall be voted upon at a sitting not open to the public. decisions of the bundestag shall require a majority of the votes cast unless this basic law otherwise provides. the rules of procedure may permit exceptions with respect to elections to be conducted by the bundestag. truthful reports of public sittings of the bundestag and of its committees shall not give rise to any liability. article 43. [right to require presence, right of access and right to be heard] the bundestag and its committees may require the presence of any member of the federal government. the members of the bundesrat and of the federal government as well as their representatives may attend all sittings of the bundestag and meetings of its committees. they shall have the right to be heard at any time. article 44. [committees of inquiry] the bundestag shall have the right, and on the motion of one quarter of its members the duty, to establish a committee of inquiry, which shall take the requisite evidence at public hearings. the public may be excluded. the rules of criminal procedure shall apply mutatis mutandis to the taking of evidence. the privacy of correspondence, posts and telecommunications shall not be affected. courts and administrative authorities shall be required to provide legal and administrative assistance. the decisions of committees of inquiry shall not be subject to judicial review. the courts shall be free to evaluate and rule upon the facts that were the subject of the investigation. article 45. [committee on the european union] the bundestag shall appoint a committee on the affairs of the european union. it may authorise the committee to exercise the rights of the bundestag under article 23 vis-à-vis the federal government. it may also empower it to exercise the rights granted to the bundestag under the contractual foundations of the european union. article 45a. [committees on foreign affairs and defence] the bundestag shall appoint a committee on foreign affairs and a defence committee. the defence committee shall also have the powers of a committee of inquiry. on the motion of one quarter of its members it shall have the duty to make a specific matter the subject of inquiry. paragraph (1) of article 44 shall not apply to defence matters. article 45b. [parliamentary commissioner for the armed forces] a parliamentary commissioner for the armed forces shall be appointed to safeguard basic rights and to assist the bundestag in exercising parliamentary oversight over the armed forces. details shall be regulated by a federal law. article 45c. [petitions committee] the bundestag shall appoint a petitions committee to deal with requests and complaints addressed to the bundestag pursuant to article 17. the powers of the committee to consider complaints shall be regulated by a federal law. article 45d. [parliamentary control panel] the bundestag shall appoint a panel to scrutinise the intelligence activities of the federation. details shall be regulated by a federal law. article 46. [immunities of members] at no time may a member be subjected to court proceedings or disciplinary action or otherwise called to account outside the bundestag for a vote cast or for any speech or debate in the bundestag or in any of its committees. this provision shall not apply to defamatory insults. a member may not be called to account or arrested for a punishable offence without permission of the bundestag, unless he is apprehended while committing the offence or in the course of the following day. the permission of the bundestag shall also be required for any other restriction of a member's freedom of the person or for the initiation of proceedings against a member under article 18. any criminal proceedings or any proceedings under article 18 against a member and any detention or other restriction of the freedom of his person shall be suspended at the demand of the bundestag. article 47. [right of refusal to give evidence] members may refuse to give evidence concerning persons who have confided information to them in their capacity as members of the bundestag, or to whom they have confided information in this capacity, as well as evidence concerning this information itself. to the extent that this right of refusal to give evidence applies, no seizure of documents shall be permissible. article 48. [candidature protection of membership remuneration] every candidate for election to the bundestag shall be entitled to the leave necessary for his election campaign. no one may be prevented from accepting or exercising the office of member of the bundestag. no one may be given notice of dismissal or discharged from employment on this ground. members shall be entitled to remuneration adequate to ensure their independence. they shall be entitled to the free use of all publicly owned means of transport. details shall be regulated by a federal law. article 49 (repealed) iv. the bundesrat article 50. [functions] the länder shall participate through the bundesrat in the legislation and administration of the federation and in matters concerning the european union. article 51. [composition weighted voting] the bundesrat shall consist of members of the land governments, which appoint and recall them. other members of those governments may serve as alternates. each land shall have at least three votes; länder with more than two million inhabitants shall have four, länder with more than six million inhabitants five, and länder with more than seven million inhabitants six votes. each land may appoint as many members as it has votes. the votes of each land may be cast only as a unit and only by members present or their alternates. article 52. [president decisions rules of procedure] the bundesrat shall elect its president for one year. the president shall convene the bundesrat. he shall be obliged to do so if the delegates of at least two länder or the federal government so demand. decisions of the bundesrat shall require at least a majority of its votes. it shall adopt rules of procedure. its meetings shall be open to the public. the public may be excluded. for matters concerning the european union the bundesrat may establish a chamber for european affairs, whose decisions shall be considered decisions of the bundesrat; the number of votes to be uniformly cast by the länder shall be determined by paragraph (2) of article 51. other members or representatives of land governments may serve on committees of the bundesrat. article 53. [attendance of members of the federal government] the members of the federal government shall have the right, and on demand the duty, to participate in meetings of the bundesrat and of its committees. they shall have the right to be heard at any time. the bundesrat shall be kept informed by the federal government with regard to the conduct of its affairs. iva. the joint committee article 53a. [composition rules of procedure] the joint committee shall consist of members of the bundestag and members of the bundesrat; the bundestag shall provide two thirds and the bundesrat one third of the committee members. the bundestag shall designate members in proportion to the relative strength of the various parliamentary groups; they may not be members of the federal government. each land shall be represented by a bundesrat member of its choice; these members shall not be bound by instructions. the establishment of the joint committee and its proceedings shall be regulated by rules of procedure to be adopted by the bundestag and requiring the consent of the bundesrat. the federal government shall inform the joint committee about its plans for a state of defence. the rights of the bundestag and its committees under paragraph (1) of article 43 shall not be affected by the provisions of this paragraph. v. the federal president article 54. [election term of office] the federal president shall be elected by the federal convention without debate. any german who is entitled to vote in bundestag elections and has attained the age of forty may be elected. the term of office of the federal president shall be five years. re-election for a consecutive term shall be permitted only once. the federal convention shall consist of the members of the bundestag and an equal number of members elected by the parliaments of the länder on the basis of proportional representation. the federal convention shall meet not later than thirty days before the term of office of the federal president expires or, in the case of premature termination, not later than thirty days after that date. it shall be convened by the president of the bundestag. after the expiration of an electoral term, the period specified in the first sentence of paragraph (4) of this article shall begin when the bundestag first convenes. the person receiving the votes of a majority of the members of the federal convention shall be elected. if after two ballots no candidate has obtained such a majority, the person who receives the largest number of votes on the next ballot shall be elected. details shall be regulated by a federal law. article 55. [incompatibilities] the federal president may not be a member of the government or of a legislative body of the federation or of a land. the federal president may not hold any other salaried office, or engage in any trade or profession, or belong to the management or supervisory board of any enterprise conducted for profit. article 56. [oath of office] on assuming his office, the federal president shall take the following oath before the assembled members of the bundestag and the bundesrat: "i swear that i will dedicate my efforts to the well-being of the german people, promote their welfare, protect them from harm, uphold and defend the basic law and the laws of the federation, perform my duties conscientiously, and do justice to all. so help me god." the oath may also be taken without religious affirmation. article 57. [substitution] if the federal president is unable to perform his duties, or if his office falls prematurely vacant, the president of the bundesrat shall exercise his powers. article 58. [countersignature] orders and directions of the federal president shall require for their validity the countersignature of the federal chancellor or of the competent federal minister. this provision shall not apply to the appointment or dismissal of the federal chancellor, the dissolution of the bundestag under article 63, or a request made under paragraph (3) of article 69. article 59. [representation of the federation for the purposes of international law] the federal president shall represent the federation for the purposes of international law. he shall conclude treaties with foreign states on behalf of the federation. he shall accredit and receive envoys. treaties that regulate the political relations of the federation or relate to subjects of federal legislation shall require the consent or participation, in the form of a federal law, of the bodies responsible in such a case for the enactment of federal law. in the case of executive agreements the provisions concerning the federal administration shall apply mutatis mutandis. article 59a (repealed) article 60. [appointment of civil servants pardon immunity] the federal president shall appoint and dismiss federal judges, federal civil servants, and commissioned and noncommissioned officers of the armed forces, except as may otherwise be provided by a law. he shall exercise the power to pardon individual offenders on behalf of the federation. he may delegate these powers to other authorities. paragraphs (2) to (4) of article 46 shall apply to the federal president mutatis mutandis. article 61. [impeachment before the federal constitutional court] the bundestag or the bundesrat may impeach the federal president before the federal constitutional court for wilful violation of this basic law or of any other federal law. the motion of impeachment must be supported by at least one quarter of the members of the bundestag or one quarter of the votes of the bundesrat. the decision to impeach shall require a majority of two thirds of the members of the bundestag or of two thirds of the votes of the bundesrat. the case for impeachment shall be presented before the federal constitutional court by a person commissioned by the impeaching body. if the federal constitutional court finds the federal president guilty of a wilful violation of this basic law or of any other federal law, it may declare that he has forfeited his office. after the federal president has been impeached, the court may issue an interim order preventing him from exercising his functions. vi. the federal government article 62. [composition] the federal government shall consist of the federal chancellor and the federal ministers. article 63. [election of the federal chancellor] the federal chancellor shall be elected by the bundestag without debate on the proposal of the federal president. the person who receives the votes of a majority of the members of the bundestag shall be elected. the person elected shall be appointed by the federal president. if the person proposed by the federal president is not elected, the bundestag may elect a federal chancellor within fourteen days after the ballot by the votes of more than one half of its members. if no federal chancellor is elected within this period, a new election shall take place without delay, in which the person who receives the largest number of votes shall be elected. if the person elected receives the votes of a majority of the members of the bundestag, the federal president must appoint him within seven days after the election. if the person elected does not receive such a majority, then within seven days the federal president shall either appoint him or dissolve the bundestag. article 64. [appointment and dismissal of federal ministers oath of office] federal ministers shall be appointed and dismissed by the federal president upon the proposal of the federal chancellor. on taking office the federal chancellor and the federal ministers shall take the oath provided for in article 56 before the bundestag. article 65. [power to determine policy guidelines department and collegiate responsibility] the federal chancellor shall determine and be responsible for the general guidelines of policy. within these limits each federal minister shall conduct the affairs of his department independently and on his own responsibility. the federal government shall resolve differences of opinion between federal ministers. the federal chancellor shall conduct the proceedings of the federal government in accordance with rules of procedure adopted by the government and approved by the federal president. article 65a. [command of the armed forces] command of the armed forces shall be vested in the federal minister of defence. (repealed) article 66. [incompatibilities] neither the federal chancellor nor a federal minister may hold any other salaried office, or engage in any trade or profession, or belong to the management or, without the consent of the bundestag, to the supervisory board of an enterprise conducted for profit. article 67. [vote of no confidence] the bundestag may express its lack of confidence in the federal chancellor only by electing a successor by the vote of a majority of its members and requesting the federal president to dismiss the federal chancellor. the federal president must comply with the request and appoint the person elected. forty-eight hours shall elapse between the motion and the election. article 68. [vote of confidence] if a motion of the federal chancellor for a vote of confidence is not supported by the majority of the members of the bundestag, the federal president, upon the proposal of the federal chancellor, may dissolve the bundestag within twenty-one days. the right of dissolution shall lapse as soon as the bundestag elects another federal chancellor by the vote of a majority of its members. forty-eight hours shall elapse between the motion and the vote. article 69. [deputy federal chancellor term of office] the federal chancellor shall appoint a federal minister as his deputy. the tenure of office of the federal chancellor or of a federal minister shall end in any event when a new bundestag convenes; the tenure of office of a federal minister shall also end on any other occasion on which the federal chancellor ceases to hold office. at the request of the federal president the federal chancellor, or at the request of the federal chancellor or of the federal president a federal minister, shall be obliged to continue to manage the affairs of his office until a successor is appointed. vii. federal legislation and legislative procedures article 70. [division of powers between the federation and the länder] the länder shall have the right to legislate insofar as this basic law does not confer legislative power on the federation. the division of authority between the federation and the länder shall be governed by the provisions of this basic law concerning exclusive and concurrent legislative powers. article 71. [exclusive legislative power of the federation] on matters within the exclusive legislative power of the federation, the länder shall have power to legislate only when and to the extent that they are expressly authorised to do so by a federal law. article 72. [concurrent legislative powers] on matters within the concurrent legislative power, the länder shall have power to legislate so long as and to the extent that the federation has not exercised its legislative power by enacting a law. the federation shall have the right to legislate on matters falling within clauses 4, 7, 11, 13, 15, 19a, 20, 22, 25 and 26 of paragraph (1) of article 74, if and to the extent that the establishment of equivalent living conditions throughout the federal territory or the maintenance of legal or economic unity renders federal regulation necessary in the national interest. if the federation has made use of its power to legislate, the länder may enact laws at variance with this legislation with respect to: hunting (except for the law on hunting licenses); protection of nature and landscape management (except for the general principles governing the protection of nature, the law on protection of plant and animal species or the law on protection of marine life); land distribution; regional planning; management of water resources (except for regulations related to materials or facilities); admission to institutions of higher education and requirements for graduation in such institutions. federal laws on these matters shall enter into force no earlier than six months following their promulgation unless otherwise provided with the consent of the bundesrat. as for the relationship between federal law and law of the länder, the latest law enacted shall take precedence with respect to matters within the scope of the first sentence. a federal law may provide that federal legislation that is no longer necessary within the meaning of paragraph (2) of this article may be superseded by land law. article 73. [matters under exclusive legislative power of the federation] the federation shall have exclusive legislative power with respect to: foreign affairs and defence, including protection of the civilian population; citizenship in the federation; freedom of movement, passports, residency registration and identity cards, immigration, emigration and extradition; currency, money and coinage, weights and measures, and the determination of standards of time; the unity of the customs and trading area, treaties regarding commerce and navigation, the free movement of goods, and the exchange of goods and payments with foreign countries, including customs and border protection; safeguarding german cultural assets against removal from the country; air transport; the operation of railways wholly or predominantly owned by the federation (federal railways), the construction, maintenance and operation of railroad lines belonging to federal railways, and the levying of charges for the use of these lines; postal and telecommunications services; the legal relations of persons employed by the federation and by federal corporations under public law; industrial property rights, copyrights and publishing; protection by the federal criminal police office against the dangers of international terrorism when a threat transcends the boundary of one land, when the jurisdiction of a land's police authorities cannot be perceived, or when the highest authority of an individual land requests the assumption of federal responsibility; cooperation between the federation and the länder concerning criminal police work, protection of the free democratic basic order, existence and security of the federation or of a land (protection of the constitution), and protection against activities within the federal territory which, by the use of force or preparations for the use of force, endanger the external interests of the federal republic of germany, as well as the establishment of a federal criminal police office and international action to combat crime; statistics for federal purposes; the law on weapons and explosives; benefits for persons disabled by war and for dependents of deceased war victims as well as assistance to former prisoners of war; the production and utilisation of nuclear energy for peaceful purposes, the construction and operation of facilities serving such purposes, protection against hazards arising from the release of nuclear energy or from ionising radiation, and the disposal of radioactive substances. laws enacted pursuant to clause 9a of paragraph (1) require the consent of the bundesrat. article 74. [matters under concurrent legislative powers] concurrent legislative power shall extend to the following matters: civil law, criminal law, court organisation and procedure (except for the correctional law of pre-trial detention), the legal profession, notaries, and the provision of legal advice; registration of births, deaths and marriages; the law of association; the law relating to residence and establishment of foreign nationals; (repealed) (repealed) matters concerning refugees and expellees; public welfare (except for the law on social care homes); (repealed) war damage and reparations; war graves and graves of other victims of war or despotism; the law relating to economic matters (mining, industry, energy, crafts, trades, commerce, banking, stock exchanges and private insurance), except for the law on shop closing hours, restaurants, game halls, display of individual persons, trade fairs, exhibitions and markets; (repealed) labour law, including the organisation of enterprises, occupational health and safety, and employment agencies, as well as social security, including unemployment insurance; the regulation of educational and training grants and the promotion of research; the law regarding expropriation, to the extent relevant to matters enumerated in articles 73 and 74; the transfer of land, natural resources, and means of production to public ownership or other forms of public enterprise; prevention of the abuse of economic power; the promotion of agricultural production and forestry (except for the law on land consolidation), ensuring the adequacy of food supply, the importation and exportation of agricultural and forestry products, deep-sea and coastal fishing, and preservation of the coasts; urban real estate transactions, land law (except for laws regarding development fees), and the law on rental subsidies, subsidies for old debts, home building loan premiums, miners' homebuilding and homesteading; measures to combat human and animal diseases which pose a danger to the public or are communicable, admission to the medical profession and to ancillary professions or occupations, as well as the law on pharmacies, medicines, medical products, drugs, narcotics and poisons; the economic viability of hospitals and the regulation of hospital charges; the law on food products including animals used in their production, the law on alcohol and tobacco, essential commodities and feedstuffs as well as protective measures in connection with the marketing of agricultural and forest seeds and seedlings, the protection of plants against diseases and pests, as well as the protection of animals; maritime and coastal shipping, as well as navigational aids, inland navigation, meteorological services, sea routes, and inland waterways used for general traffic; road traffic, motor transport, construction and maintenance of long-distance highways, as well as the collection of tolls for the use of public highways by vehicles and the allocation of the revenue; non-federal railways, except mountain railways; waste disposal, air pollution control, and noise abatement (except for the protection from noise associated with human activity); state liability; medically assisted generation of human life, analysis and modification of genetic information as well as the regulation of organ, tissue and cell transplantation; the statutory rights and duties of civil servants of the länder, the municipalities and other corporations of public law as well as of the judges in the länder, except for their career regulations, remuneration and pensions; hunting; protection of nature and landscape management; land distribution; regional planning; management of water resources; admission to institutions of higher education and requirements for graduation in such institutions. laws enacted pursuant to clauses 25 and 27 of paragraph (1) shall require the consent of the bundesrat. article 74a (repealed) article 75 (repealed) article 76. [bills] bills may be introduced in the bundestag by the federal government, by the bundesrat, or from the floor of the bundestag. federal government bills shall first be submitted to the bundesrat. the bundesrat shall be entitled to comment on such bills within six weeks. if for important reasons, especially with respect to the scope of the bill, the bundesrat demands an extension, the period shall be increased to nine weeks. if in exceptional circumstances the federal government on submitting a bill to the bundesrat declares it to be particularly urgent, it may submit the bill to the bundestag after three weeks or, if the bundesrat has demanded an extension pursuant to the third sentence of this paragraph, after six weeks, even if it has not yet received the bundesrat's comments; upon receiving such comments, it shall transmit them to the bundestag without delay. in the case of bills to amend this basic law or to transfer sovereign powers pursuant to article 23 or 24 the comment period shall be nine weeks; the fourth sentence of this paragraph shall not apply. bundesrat bills shall be submitted to the bundestag by the federal government within six weeks. in submitting them the federal government shall state its own views. if for important reasons, especially with respect to the scope of the bill, the federal government demands an extension, the period shall be increased to nine weeks. if in exceptional circumstances the bundesrat declares a bill to be particularly urgent, the period shall be three weeks or, if the federal government has demanded an extension pursuant to the third sentence of this paragraph, six weeks. in the case of bills to amend this basic law or to transfer sovereign powers pursuant to article 23 or 24 the comment period shall be nine weeks; the fourth sentence of this paragraph shall not apply. the bundestag shall consider and vote on bills within a reasonable time. article 77. [legislative procedure mediation committee] federal laws shall be adopted by the bundestag. after their adoption the president of the bundestag shall submit them to the bundesrat without delay. within three weeks after receiving an adopted bill, the bundesrat may demand that a committee for joint consideration of bills, composed of members of the bundestag and of the bundesrat, be convened. the composition and proceedings of this committee shall be regulated by rules of procedure adopted by the bundestag and requiring the consent of the bundesrat. the members of the bundesrat on this committee shall not be bound by instructions. when the consent of the bundesrat is required for a bill to become law, the bundestag and the federal government may likewise demand that such a committee be convened. should the committee propose any amendment to the adopted bill, the bundestag shall vote on it a second time. insofar as its consent is required for a bill to become law, the bundesrat, if no request has been made pursuant to the first sentence of paragraph (2) of this article or if the mediation proceeding has been completed without a proposal to amend the bill, shall vote on the bill within a reasonable time. insofar as its consent is not required for a bill to become law, the bundesrat, once proceedings under paragraph (2) of this article are completed, may within two weeks object to a bill adopted by the bundestag. the time for objection shall begin, in the case described in the last sentence of paragraph (2) of this article, upon receipt of the bill as readopted by the bundestag, and in all other cases upon receipt of a communication from the chairman of the committee provided for in paragraph (2) of this article to the effect that the committee's proceedings have been concluded. if the objection is adopted by the majority of the votes of the bundesrat, it may be rejected by a decision of the majority of the members of the bundestag. if the bundesrat adopted the objection by a majority of at least two thirds of its votes, its rejection by the bundestag shall require a two-thirds majority, including at least a majority of the members of the bundestag. article 78. [passage of federal laws] a bill adopted by the bundestag shall become law if the bundesrat consents to it, or fails to make a demand pursuant to paragraph (2) of article 77, or fails to enter an objection within the period stipulated in paragraph (3) of article 77, or withdraws such an objection, or if the objection is overridden by the bundestag. article 79. [amendment of the basic law] this basic law may be amended only by a law expressly amending or supplementing its text. in the case of an international treaty regarding a peace settlement, the preparation of a peace settlement, or the phasing out of an occupation regime, or designed to promote the defence of the federal republic, it shall be sufficient, for the purpose of making clear that the provisions of this basic law do not preclude the conclusion and entry into force of the treaty, to add language to the basic law that merely makes this clarification. any such law shall be carried by two thirds of the members of the bundestag and two thirds of the votes of the bundesrat. amendments to this basic law affecting the division of the federation into länder, their participation on principle in the legislative process, or the principles laid down in articles 1 and 20 shall be inadmissible. article 80. [issuance of statutory instruments] the federal government, a federal minister or the land governments may be authorised by a law to issue statutory instruments. the content, purpose and scope of the authority conferred shall be specified in the law. each statutory instrument shall contain a statement of its legal basis. if the law provides that such authority may be further delegated, such subdelegation shall be effected by statutory instrument. unless a federal law otherwise provides, the consent of the bundesrat shall be required for statutory instruments issued by the federal government or a federal minister regarding fees or basic principles for the use of postal and telecommunication facilities, basic principles for levying of charges for the use of facilities of federal railways, or the construction and operation of railways, as well as for statutory instruments issued pursuant to federal laws that require the consent of the bundesrat or that are executed by the länder on federal commission or in their own right. the bundesrat may submit to the federal government drafts of statutory instruments that require its consent. insofar as land governments are authorised by or pursuant to federal laws to issue statutory instruments, the länder shall also be entitled to regulate the matter by a law. article 80a. [state of tension] if this basic law or a federal law regarding defence, including protection of the civilian population, provides that legal provisions may be applied only in accordance with this article, their application, except when a state of defence has been declared, shall be permissible only after the bundestag has determined that a state of tension exists or has specifically approved such application. the determination of a state of tension and specific approval in the cases mentioned in the first sentence of paragraph (5) and the second sentence of paragraph (6) of article 12a shall require a two thirds majority of the votes cast. any measures taken pursuant to legal provisions by virtue of paragraph (1) of this article shall be rescinded whenever the bundestag so demands. notwithstanding paragraph (1) of this article, the application of such legal provisions shall also be permissible on the basis of and in accordance with a decision made by an international body within the framework of a treaty of alliance with the approval of the federal government. any measures taken pursuant to this paragraph shall be rescinded whenever the bundestag, by the vote of a majority of its members, so demands. article 81. [legislative emergency] if, in the circumstances described in article 68, the bundestag is not dissolved, the federal president, at the request of the federal government and with the consent of the bundesrat, may declare a state of legislative emergency with respect to a bill, if the bundestag rejects the bill although the federal government has declared it to be urgent. the same shall apply if a bill has been rejected although the federal chancellor had combined it with a motion under article 68. if, after a state of legislative emergency has been declared, the bundestag again rejects the bill or adopts it in a version the federal government declares unacceptable, the bill shall be deemed to have become law to the extent that it receives the consent of the bundesrat. the same shall apply if the bundestag does not pass the bill within four weeks after it is reintroduced. during the term of office of a federal chancellor, any other bill rejected by the bundestag may become law in accordance with paragraphs (1) and (2) of this article within a period of six months after the first declaration of a state of legislative emergency. after the expiration of this period, no further declaration of a state of legislative emergency may be made during the term of office of the same federal chancellor. this basic law may neither be amended nor abrogated nor suspended in whole or in part by a law enacted pursuant to paragraph (2) of this article. article 82. [certification promulgation entry into force] laws enacted in accordance with the provisions of this basic law shall, after countersignature, be certified by the federal president and promulgated in the federal law gazette. statutory instruments shall be certified by the agency that issues them and, unless a law otherwise provides, shall be promulgated in the federal law gazette. every law or statutory instrument shall specify the date on which it shall take effect. in the absence of such a provision, it shall take effect on the fourteenth day after the day on which the federal law gazette containing it was published. viii. the execution of federal laws and the federal administration article 83. [execution by the länder] the länder shall execute federal laws in their own right insofar as this basic law does not otherwise provide or permit. article 84. [länder administration federal oversight] where the länder execute federal laws in their own right, they shall provide for the establishment of the requisite authorities and regulate their administrative procedures. if federal laws provide otherwise, the länder may enact deviating regulations. if a land has enacted a law pursuant to the second sentence, subsequent federal laws regulating the organisation of authorities and their administrative procedure shall not be enacted until at least six months after their promulgation, provided that no other determination has been made with the consent of the bundesrat. the third sentence of paragraph (2) of article 72 shall apply accordingly. in exceptional cases, owing to a special need for uniform federal legislation, the federation may regulate the administrative procedure with no possibility of separate land legislation. such laws shall require the consent of the bundesrat. federal laws may not entrust municipalities and associations of municipalities with any tasks. the federal government, with the consent of the bundesrat, may issue general administrative rules. the federal government shall exercise oversight to ensure that the länder execute federal laws in accordance with the law. for this purpose the federal government may send commissioners to the highest land authorities and, with their consent or, where such consent is refused, with the consent of the bundesrat, also to subordinate authorities. should any deficiencies that the federal government has identified in the execution of federal laws in the länder not be corrected, the bundesrat, on application of the federal government or of the land concerned, shall decide whether that land has violated the law. the decision of the bundesrat may be challenged in the federal constitutional court. with a view to the execution of federal laws, the federal government may be authorised by a federal law requiring the consent of the bundesrat to issue instructions in particular cases. they shall be addressed to the highest land authorities unless the federal government considers the matter urgent. article 85. [execution by the länder on federal commission] where the länder execute federal laws on federal commission, establishment of the authorities shall remain the concern of the länder, except insofar as federal laws enacted with the consent of the bundesrat otherwise provide. federal laws may not entrust municipalities and associations of municipalities with any tasks. the federal government, with the consent of the bundesrat, may issue general administrative rules. it may provide for the uniform training of civil servants and other salaried public employees. the heads of intermediate authorities shall be appointed with its approval. the land authorities shall be subject to instructions from the competent highest federal authorities. such instructions shall be addressed to the highest land authorities unless the federal government considers the matter urgent. implementation of the instructions shall be ensured by the highest land authorities. federal oversight shall extend to the legality and appropriateness of execution. for this purpose the federal government may require the submission of reports and documents and send commissioners to all authorities. article 86. [federal administration] where the federation executes laws through its own administrative authorities or through federal corporations or institutions established under public law, the federal government shall, insofar as the law in question contains no special provision, issue general administrative rules. the federal government shall provide for the establishment of the authorities insofar as the law in question does not otherwise provide. article 87. [matters] the foreign service, the federal financial administration, and, in accordance with the provisions of article 89, the administration of federal waterways and shipping shall be conducted by federal administrative authorities with their own administrative substructures. a federal law may establish federal border police authorities and central offices for police information and communications, for the criminal police, and for the compilation of data for purposes of protection of the constitution and of protection against activities within the federal territory which, through the use of force or acts preparatory to the use of force, endanger the external interests of the federal republic of germany. social insurance institutions whose jurisdiction extends beyond the territory of a single land shall be administered as federal corporations under public law. social insurance institutions whose jurisdiction extends beyond the territory of a single land but not beyond that of three länder shall, notwithstanding the first sentence of this paragraph, be administered as land corporations under public law, if the länder concerned have specified which land shall exercise supervisory authority. in addition, autonomous federal higher authorities as well as new federal corporations and institutions under public law may be established by a federal law for matters on which the federation has legislative power. when the federation is confronted with new responsibilities with respect to matters on which it has legislative power, federal authorities at intermediate and lower levels may be established, with the consent of the bundesrat and of a majority of the members of the bundestag, in cases of urgent need. article 87a. [armed forces] the federation shall establish armed forces for purposes of defence. their numerical strength and general organisational structure must be shown in the budget. apart from defence, the armed forces may be employed only to the extent expressly permitted by this basic law. during a state of defence or a state of tension the armed forces shall have the power to protect civilian property and to perform traffic control functions to the extent necessary to accomplish their defence mission. moreover, during a state of defence or a state of tension, the armed forces may also be authorised to support police measures for the protection of civilian property; in this event the armed forces shall cooperate with the competent authorities. in order to avert an imminent danger to the existence or free democratic basic order of the federation or of a land, the federal government, if the conditions referred to in paragraph (2) of article 91 obtain and the police forces and the federal border police prove inadequate, may employ the armed forces to support the police and the federal border police in protecting civilian property and in combating organised armed insurgents. any such employment of the armed forces shall be discontinued if the bundestag or the bundesrat so demands. article 87b. [federal defence administration] the federal defence administration shall be conducted as a federal administrative authority with its own administrative substructure. it shall have jurisdiction for personnel matters and direct responsibility for satisfaction of the procurement needs of the armed forces. responsibilities connected with pensions for injured persons or with construction work may be assigned to the federal defence administration only by a federal law requiring the consent of the bundesrat. such consent shall also be required for any laws to the extent that they empower the federal defence administration to interfere with rights of third parties; this requirement, however, shall not apply in the case of laws regarding personnel matters. in addition, federal laws concerning defence, including recruitment for military service and protection of the civilian population, may, with the consent of the bundesrat, provide that they shall be executed, wholly or in part, either by federal administrative authorities with their own administrative substructures or by the länder on federal commission. if such laws are executed by the länder on federal commission, they may, with the consent of the bundesrat, provide that the powers vested in the federal government or in the competent highest federal authorities pursuant to article 85 be transferred wholly or in part to federal higher authorities; in this event the law may provide that such authorities shall not require the consent of the bundesrat in issuing general administrative rules pursuant to the first sentence of paragraph (2) of article 85. article 87c. [production and utilisation of nuclear energy] laws enacted under clause 14 of paragraph (1) of article 73 may, with the consent of the bundesrat, provide that they shall be executed by the länder on federal commission. article 87d. [air transport administration] air transport administration shall be conducted under federal administration. air navigation services may also be provided by foreign air navigation service providers which are authorised in accordance with european community law. by a federal law requiring the consent of the bundesrat, responsibilities for air transport administration may be delegated to the länder acting on federal commission. article 87e. [rail transport administration] rail transport with respect to federal railways shall be administered by federal authorities. responsibilities for rail transport administration may be delegated by a federal law to the länder acting in their own right. the federation shall discharge rail transport administration responsibilities assigned to it by a federal law, above and beyond those regarding federal railways. federal railways shall be operated as enterprises under private law. they shall remain the property of the federation to the extent that their activities embrace the construction, maintenance and operation of the tracks. the transfer of federal shares in these enterprises under the second sentence of this paragraph shall be effected pursuant to a law; the federation shall retain a majority of the shares. details shall be regulated by a federal law. the federation shall ensure that in developing and maintaining the federal railway system as well as in offering services over this system, other than local passenger services, due account is taken of the interests and especially the transportation needs of the public. details shall be regulated by a federal law. laws enacted pursuant to paragraphs (1) to (4) of this article shall require the consent of the bundesrat. the consent of the bundesrat shall also be required for laws regarding the dissolution, merger or division of federal railway enterprises, the transfer of tracks of federal railways to third parties, or the abandonment of such tracks, or affecting local passenger services. article 87f. [posts and telecommunications] in accordance with a federal law requiring the consent of the bundesrat, the federation shall ensure the availability of adequate and appropriate postal and telecommunications services throughout the federal territory. services within the meaning of paragraph (1) of this article shall be provided as a matter of private enterprise by the firms succeeding to the special trust deutsche bundespost and by other private providers. sovereign functions in the area of posts and telecommunications shall be discharged by federal administrative authorities. notwithstanding the second sentence of paragraph (2) of this article, the federation, by means of a federal institution under public law, shall discharge particular responsibilities relating to the firms succeeding to the special trust deutsche bundespost as prescribed by a federal law. article 88. [the federal bank the european central bank] the federation shall establish a note-issuing and currency bank as the federal bank. within the framework of the european union, its responsibilities and powers may be transferred to the european central bank, which is independent and committed to the overriding goal of assuring price stability. article 89. [federal waterways administration of waterways] the federation shall be the owner of the former reich waterways. the federation shall administer the federal waterways through its own authorities. it shall exercise those state functions relating to inland shipping which extend beyond the territory of a single land, and those functions relating to maritime shipping, which are conferred on it by a law. insofar as federal waterways lie within the territory of a single land, the federation on its application may delegate their administration to that land on federal commission. if a waterway touches the territory of several länder, the federation may commission that land which is designated by the affected länder. in the administration, development and new construction of waterways, the requirements of land improvement and of water management shall be assured in agreement with the länder. article 90. [federal highways] the federation shall be the owner of the former reich motorways and highways. the länder, or such self-governing corporate bodies as are competent under land law, shall administer the federal motorways and other federal highways used by long-distance traffic on federal commission. on application of a land, the federation may assume the administration of federal motorways and other federal highways used by long-distance traffic insofar as they lie within the territory of that land. article 91. [internal emergency] in order to avert an imminent danger to the existence or free democratic basic order of the federation or of a land, a land may call upon police forces of other länder, or upon personnel and facilities of other administrative authorities and of the federal border police. if the land where such danger is imminent is not itself willing or able to combat the danger, the federal government may place the police in that land and the police forces of other länder under its own orders and deploy units of the federal border police. any such order shall be rescinded once the danger is removed, or at any time on the demand of the bundesrat. if the danger extends beyond the territory of a single land, the federal government, insofar as is necessary to combat such danger, may issue instructions to the land governments; the first and second sentences of this paragraph shall not be affected by this provision. viiia. joint tasks article 91a. [joint tasks responsibility for expenditure] in the following areas the federation shall participate in the discharge of responsibilities of the länder, provided that such responsibilities are important to society as a whole and that federal participation is necessary for the improvement of living conditions (joint tasks): improvement of regional economic structures; improvement of the agrarian structure and of coastal preservation. federal laws enacted with the consent of the bundesrat shall specify the joint tasks as well as the details of coordination. in cases to which clause 1 of paragraph (1) of this article applies, the federation shall finance one half of the expenditure in each land. in cases to which clause 2 of paragraph (1) of this article applies, the federation shall finance at least one half of the expenditure, and the proportion shall be the same for all länder. details shall be regulated by law. the provision of funds shall be subject to appropriation in the budgets of the federation and the länder. (repealed) (repealed) article 91b. [education programmes and promotion of research] the federation and the länder may cooperate on the basis of agreements in cases of supraregional importance in the promotion of sciences, research and teaching. agreements primarily affecting institutions of higher education shall require the consent of all the länder. this provision shall not apply to agreements regarding the construction of research facilities, including large scientific installations. the federation and the länder may mutually agree to cooperate for the assessment of the performance of educational systems in international comparison and in drafting relevant reports and recommendations. the apportionment of costs shall be regulated in the pertinent agreement. article 91c. [information technology systems] the federation and the länder may cooperate in planning, constructing, and operating information technology systems needed to discharge their responsibilities. the federation and the länder may agree to specify the standards and security requirements necessary for exchanges between their information technology systems. agreements regarding the bases of cooperation under the first sentence may provide, for individual responsibilities determined by their content and scope, that detailed regulations be enacted with the consent of a qualified majority of the federation and the länder as laid down in the agreements. they require the consent of the bundestag and the legislatures of the participating länder; the right to withdraw from these agreements cannot be precluded. the agreements shall also regulate the sharing of costs. the länder may also agree on the joint operation of information technology systems along with the establishment of installations for that purpose. for linking the information networks of the federation and the länder, the federation shall establish a connecting network. details regarding the establishment and the operation of the connecting network shall be regulated by a federal law with the consent of the bundesrat. article 91d. [comparison of performance] with a view to ascertaining and improving the performance of their administrations, the federation and the länder may conduct comparative studies and publish the results thereof. article 91e. [cooperation in respect of basic support for persons seeking employment] in the execution of federal laws in the field of basic support for persons seeking employment the federation and the länder or the municipalities and associations of municipalities responsible pursuant to land law shall generally cooperate in joint institutions. the federation may authorise a limited number of municipalities and associations of municipalities, at their request and with the consent of the highest land authority, to discharge the tasks pursuant to paragraph (1) alone. in this case, the federation shall bear the necessary expenditures including the administrative expenses for the tasks which are to be discharged by the federation in the execution of laws pursuant to paragraph (1). details shall be regulated by a federal law requiring the consent of the bundesrat. ix. the judiciary article 92. [court organisation] the judicial power shall be vested in the judges; it shall be exercised by the federal constitutional court, by the federal courts provided for in this basic law, and by the courts of the länder. article 93. [jurisdiction of the federal constitutional court] the federal constitutional court shall rule: on the interpretation of this basic law in the event of disputes concerning the extent of the rights and duties of a supreme federal body or of other parties vested with rights of their own by this basic law or by the rules of procedure of a supreme federal body; in the event of disagreements or doubts concerning the formal or substantive compatibility of federal law or land law with this basic law, or the compatibility of land law with other federal law, on application of the federal government, of a land government, or of one fourth of the members of the bundestag; in the event of disagreements whether a law meets the requirements of paragraph (2) of article 72, on application of the bundesrat or of the government or legislature of a land; in the event of disagreements concerning the rights and duties of the federation and the länder, especially in the execution of federal law by the länder and in the exercise of federal oversight; on other disputes involving public law between the federation and the länder, between different länder, or within a land, unless there is recourse to another court; on constitutional complaints, which may be filed by any person alleging that one of his basic rights or one of his rights under paragraph (4) of article 20 or under article 33, 38, 101, 103 or 104 has been infringed by public authority; on constitutional complaints filed by municipalities or associations of municipalities on the ground that their right to self-government under article 28 has been infringed by a law; in the case of infringement by a land law, however, only if the law cannot be challenged in the constitutional court of the land; on constitutional complaints filed by associations concerning their non-recognition as political parties for an election to the bundestag; in the other instances provided for in this basic law. at the request of the bundesrat, a land government or the parliamentary assembly of a land, the federal constitutional court shall also rule whether in cases falling under paragraph (4) of article 72 the need for a regulation by federal law does not exist any longer or whether in the cases referred to in clause 1 of paragraph (2) of article 125a federal law could not be enacted any longer. the court's determination that the need has ceased to exist or that federal law could no longer be enacted substitutes a federal law according to paragraph (4) of article 72 or clause 2 of paragraph (2) of article 125a. a request under the first sentence is admissible only if a bill falling under paragraph (4) of article 72 or the second sentence of paragraph (2) of article 125a has been rejected by the german bundestag or if it has not been considered and determined upon within one year, or if a similar bill has been rejected by the bundesrat. the federal constitutional court shall also rule on such other matters as shall be assigned to it by a federal law. article 94. [composition of the federal constitutional court] the federal constitutional court shall consist of federal judges and other members. half the members of the federal constitutional court shall be elected by the bundestag and half by the bundesrat. they may not be members of the bundestag, of the bundesrat, of the federal government, or of any of the corresponding bodies of a land. the organisation and procedure of the federal constitutional court shall be regulated by a federal law, which shall specify in which instances its decisions shall have the force of law. the law may require that all other legal remedies be exhausted before a constitutional complaint may be fi led, and may provide for a separate proceeding to determine whether the complaint will be accepted for decision. article 95. [supreme federal courts] the federation shall establish the federal court of justice, the federal administrative court, the federal finance court, the federal labour court and the federal social court as supreme courts of ordinary, administrative, financial, labour and social jurisdiction. the judges of each of these courts shall be chosen jointly by the competent federal minister and a committee for the selection of judges consisting of the competent land ministers and an equal number of members elected by the bundestag. a joint chamber of the courts specified in paragraph (1) of this article shall be established to preserve the uniformity of decisions. details shall be regulated by a federal law. article 96. [other federal courts] the federation may establish a federal court for matters concerning industrial property rights. the federation may establish federal military criminal courts for the armed forces. these courts may exercise criminal jurisdiction only during a state of defence or over members of the armed forces serving abroad or on board warships. details shall be regulated by a federal law. these courts shall be under the aegis of the federal minister of justice. their full-time judges shall be persons qualified to hold judicial office. the supreme court of review from the courts designated in paragraphs (1) and (2) of this article shall be the federal court of justice. the federation may establish federal courts for disciplinary proceedings against, and for proceedings on complaints by, persons in the federal public service. with the consent of the bundesrat, a federal law may provide that courts of the länder shall exercise federal jurisdiction over criminal proceedings in the following matters: genocide; crimes against humanity under international criminal law; war crimes; other acts tending to and undertaken with the intent to disturb the peaceful relations between nations (paragraph (1) of article 26); state security. article 97. [judicial independence] judges shall be independent and subject only to the law. judges appointed permanently to full-time positions may be involuntarily dismissed, permanently or temporarily suspended, transferred or retired before the expiration of their term of office only by virtue of judicial decision and only for the reasons and in the manner specified by the laws. the legislature may set age limits for the retirement of judges appointed for life. in the event of changes in the structure of courts or in their districts, judges may be transferred to another court or removed from office, provided they retain their full salary. article 98. [legal status of judges impeachment] the legal status of federal judges shall be regulated by a special federal law. if a federal judge infringes the principles of this basic law or the constitutional order of a land in his official capacity or unofficially, the federal constitutional court, upon application of the bundestag, may by a two-thirds majority order that the judge be transferred or retired. in the case of an intentional infringement it may order him dismissed. the legal status of the judges in the länder shall be regulated by special land laws if clause 27 of paragraph (1) of article 74 does not otherwise provide. the länder may provide that land judges shall be chosen jointly by the land minister of justice and a committee for the selection of judges. the länder may enact provisions regarding land judges that correspond with those of paragraph (2) of this article. existing land constitutional law shall not be affected. the decision in cases of judicial impeachment shall rest with the federal constitutional court. article 99. [constitutional disputes within a land] a land law may assign the decision of constitutional disputes within a land to the federal constitutional court, and the final decision in matters involving the application of land law to the supreme courts specified in paragraph (1) of article 95. article 100. [concrete judicial review] if a court concludes that a law on whose validity its decision depends is unconstitutional, the proceedings shall be stayed, and a decision shall be obtained from the land court with jurisdiction over constitutional disputes where the constitution of a land is held to be violated, or from the federal constitutional court where this basic law is held to be violated. this provision shall also apply where the basic law is held to be violated by land law and where a land law is held to be incompatible with a federal law. if, in the course of litigation, doubt exists whether a rule of international law is an integral part of federal law and whether it directly creates rights and duties for the individual (article 25), the court shall obtain a decision from the federal constitutional court. if the constitutional court of a land, in interpreting this basic law, proposes to deviate from a decision of the federal constitutional court or of the constitutional court of another land, it shall obtain a decision from the federal constitutional court. article 101. [ban on extraordinary courts] extraordinary courts shall not be allowed. no one may be removed from the jurisdiction of his lawful judge. courts for particular fields of law may be established only by a law. article 102. [abolition of capital punishment] capital punishment is abolished. article 103. [fair trial] in the courts every person shall be entitled to a hearing in accordance with law. an act may be punished only if it was defined by a law as a criminal offence before the act was committed. no person may be punished for the same act more than once under the general criminal laws. article 104. [deprivation of liberty] liberty of the person may be restricted only pursuant to a formal law and only in compliance with the procedures prescribed therein. persons in custody may not be subjected to mental or physical mistreatment. only a judge may rule upon the permissibility or continuation of any deprivation of liberty. if such a deprivation is not based on a judicial order, a judicial decision shall be obtained without delay. the police may hold no one in custody on their own authority beyond the end of the day following the arrest. details shall be regulated by a law. any person provisionally detained on suspicion of having committed a criminal offence shall be brought before a judge no later than the day following his arrest; the judge shall inform him of the reasons for the arrest, examine him, and give him an opportunity to raise objections. the judge shall, without delay, either issue a written arrest warrant setting forth the reasons therefor or order his release. a relative or a person enjoying the confidence of the person in custody shall be notified without delay of any judicial decision imposing or continuing a deprivation of liberty. x. finance article 104a. [apportionment of expenditures financial system liability] the federation and the länder shall separately finance the expenditures resulting from the discharge of their respective responsibilities insofar as this basic law does not otherwise provide. where the länder act on federal commission, the federation shall finance the resulting expenditures. federal laws providing for money grants to be administered by the länder may provide that the federation shall pay for such grants wholly or in part. if any such law provides that the federation shall finance one half or more of the expenditure, it shall be executed by the länder on federal commission. federal laws that oblige the länder to provide money grants, benefits in kind or comparable services to third persons and which are executed by the länder in their own right or according to the second sentence of paragraph (3) on commission of the federation shall require the consent of the bundesrat if the expenditure resulting therefrom shall be borne by the länder. the federation and the länder shall finance the administrative expenditures incurred by their respective authorities and shall be responsible to one another for ensuring proper administration. details shall be regulated by a federal law requiring the consent of the bundesrat. in accord with the internal allocation of competencies and responsibilities, the federation and the länder shall bear the costs entailed by a violation of obligations incumbent on germany under supranational or international law. in cases of financial corrections by the european union with effect transcending one specific land, the federation and the länder shall bear such costs at a ratio of 15 to 85. in such cases, the länder as a whole shall be responsible in solidarity for 35 per cent of the total burden according to a general formula; 50 per cent of the total burden shall be borne by those länder which have caused the encumbrance, adjusted to the size of the amount of the financial means received. details shall be regulated by a federal law requiring the consent of the bundesrat. article 104b. [financial assistance for investments] to the extent that this basic law confers on it the power to legislate, the federation may grant the länder financial assistance for particularly important investments by the länder and municipalities (associations of municipalities) which are necessary to: avert a disturbance of the overall economic equilibrium; equalise differing economic capacities within the federal territory; or promote economic growth. in deviating from the first sentence, the federation may grant financial assistance even outside its field of legislative powers in cases of natural disasters or exceptional emergency situations beyond governmental control and substantially harmful to the state's financial capacity. details, especially with respect to the kinds of investments to be promoted, shall be regulated by a federal law requiring the consent of the bundesrat or by an executive agreement based on the federal budget law. the duration of the grants shall be limited and the grants must be reviewed at regular intervals with respect to the manner in which they are used. the financial assistance must be designed with descending annual contributions. upon request, the bundestag, the federal government as well as the bundesrat shall be informed about the implementation of such measures and the improvements reached. article 105. [distribution of powers regarding tax laws] the federation shall have exclusive power to legislate with respect to customs duties and fiscal monopolies. the federation shall have concurrent power to legislate with respect to all other taxes the revenue from which accrues to it wholly or in part or as to which the conditions provided for in paragraph (2) of article 72 apply. the länder shall have power to legislate with regard to local taxes on consumption and expenditures so long and insofar as such taxes are not substantially similar to taxes regulated by federal law. they are empowered to determine the rate of the tax on acquisition of real estate. federal laws relating to taxes the revenue from which accrues wholly or in part to the länder or to municipalities (associations of municipalities) shall require the consent of the bundesrat. article 106. [apportionment of tax revenue and yield of fiscal monopolies] the yield of fiscal monopolies and the revenue from the following taxes shall accrue to the federation: customs duties; taxes on consumption insofar as they do not accrue to the länder pursuant to paragraph (2), or jointly to the federation and the länder in accordance with paragraph (3), or to municipalities in accordance with paragraph (6) of this article; the road freight tax, motor vehicle tax, and other taxes on transactions related to motorised vehicles; the taxes on capital transactions, insurance and bills of exchange; non-recurring levies on property and equalisation of burdens levies; income and corporation surtaxes; levies imposed within the framework of the european communities. revenue from the following taxes shall accrue to the länder: the property tax; the inheritance tax; the motor vehicle tax; such taxes on transactions as do not accrue to the federation pursuant to paragraph (1) or jointly to the federation and the länder pursuant to paragraph (3) of this article the beer tax; the tax on gambling establishments. revenue from income taxes, corporation taxes and turnover taxes shall accrue jointly to the federation and the länder (joint taxes) to the extent that the revenue from the income tax and the turnover tax is not allocated to municipalities pursuant to paragraphs (5) and (5a) of this article. the federation and the länder shall share equally the revenues from income taxes and corporation taxes. the respective shares of the federation and the länder in the revenue from the turnover tax shall be determined by a federal law requiring the consent of the bundesrat. such determination shall be based on the following principles: the federation and the länder shall have an equal claim against current revenues to cover their necessary expenditures. the extent of such expenditures shall be determined with due regard to multi-year financial planning. the financial requirements of the federation and of the länder shall be coordinated in such a way as to establish a fair balance, avoid excessive burdens on taxpayers, and ensure uniformity of living standards throughout the federal territory. in determining the respective shares of the federation and the länder in the revenue from the turnover tax, reductions in revenue incurred by the länder from 1 january 1996 because of the provisions made with respect to children in the income tax law shall also be taken into account. details shall be regulated by the federal law enacted pursuant to the third sentence of this paragraph. the respective shares of the federation and the länder in the revenue from the turnover tax shall be apportioned anew whenever the ratio of revenues to expenditures of the federation becomes substantially different from that of the länder; reductions in revenue that are taken into account in determining the respective shares of revenue from the turnover tax under the fifth sentence of paragraph (3) of this article shall not be considered in this regard. if a federal law imposes additional expenditures on or withdraws revenue from the länder, the additional burden may be compensated for by federal grants pursuant to a federal law requiring the consent of the bundesrat, provided the additional burden is limited to a short period of time. this law shall establish the principles for calculating such grants and distributing them among the länder. a share of the revenue from the income tax shall accrue to the municipalities, to be passed on by the länder to their municipalities on the basis of the income taxes paid by their inhabitants. details shall be regulated by a federal law requiring the consent of the bundesrat. this law may provide that municipalities may establish supplementary or reduced rates with respect to their share of the tax. from and after 1 january 1998, a share of the revenue from the turnover tax shall accrue to the municipalities. it shall be passed on by the länder to their municipalities on the basis of a formula reflecting geographical and economic factors. details shall be regulated by a federal law requiring the consent of the bundesrat. revenue from taxes on real property and trades shall accrue to the municipalities; revenue from local taxes on consumption and expenditures shall accrue to the municipalities or, as may be provided for by land legislation, to associations of municipalities. municipalities shall be authorised to establish the rates at which taxes on real property and trades are levied, within the framework of the laws. if there are no municipalities in a land, revenue from taxes on real property and trades as well as from local taxes on consumption and expenditures shall accrue to the land. the federation and the länder may participate, by virtue of an apportionment, in the revenue from the tax on trades. details regarding such apportionment shall be regulated by a federal law requiring the consent of the bundesrat. in accordance with land legislation, taxes on real property and trades as well as the municipalities' share of revenue from the income tax and the turnover tax may be taken as a basis for calculating the amount of apportionment. an overall percentage of the land share of total revenue from joint taxes, to be determined by land legislation, shall accrue to the municipalities or associations of municipalities. in all other respects land legislation shall determine whether and to what extent revenue from land taxes shall accrue to municipalities (associations of municipalities). if in individual länder or municipalities (associations of municipalities) the federation requires special facilities to be established that directly result in an increase of expenditure or in reductions in revenue (special burden) to these länder or municipalities (associations of municipalities), the federation shall grant the necessary compensation if and insofar as the länder or municipalities (associations of municipalities) cannot reasonably be expected to bear the burden. in granting such compensation, due account shall be taken of indemnities paid by third parties and financial benefits accruing to these länder or municipalities (associations of municipalities) as a result of the establishment of such facilities. for the purpose of this article, revenues and expenditures of municipalities (associations of municipalities) shall also be deemed to be revenues and expenditures of the länder. article 106a. [federal grants for local mass transit] beginning 1 january 1996 the länder shall be entitled to an allocation of federal tax revenues for purposes of local mass transit. details shall be regulated by a federal law requiring the consent of the bundesrat. allocations made pursuant to the first sentence of this article shall not be taken into account in determining the financial capacity of a land under paragraph (2) of article 107. article 106b. [länder share of motor vehicle tax] as of 1 july 2009, following the transfer of the motor vehicle tax to the federation, the länder shall be entitled to a sum from the tax revenue of the federation. details shall be regulated by a federal law requiring the consent of the bundesrat. article 107. [distribution of tax revenue financial equalisation among the länder supplementary grants] revenue from land taxes and the land share of revenue from income and corporation taxes shall accrue to the individual länder to the extent that such taxes are collected by finance authorities within their respective territories (local revenue). details regarding the delimitation as well as the manner and scope of allotment of local revenue from corporation and wage taxes shall be regulated by a federal law requiring the consent of the bundesrat. this law may also provide for the delimitation and allotment of local revenue from other taxes. the land share of revenue from the turnover tax shall accrue to the individual länder on a per capita basis; a federal law requiring the consent of the bundesrat may provide for the grant of supplementary shares not exceeding one quarter of a land share to länder whose per capita income from land taxes, from income and corporation taxes and from taxes under article 106b ranks below the average of all the länder combined; with respect to the tax on the acquisition of real estate, the capacity to generate revenue shall be considered. such law shall ensure a reasonable equalisation of the disparate financial capacities of the länder, with due regard for the financial capacities and needs of municipalities (associations of municipalities). it shall specify the conditions governing the claims of länder entitled to equalisation payments and the liabilities of länder required to make them as well as the criteria for determining the amounts of such payments. it may also provide for grants to be made by the federation to financially weak länder from its own funds to assist them in meeting their general financial needs (supplementary grants). article 108. [financial administration of the federation and the länder financial courts] customs duties, fiscal monopolies, taxes on consumption regulated by a federal law, including the turnover tax on imports, the motor vehicle tax and other transaction taxes related to motorised vehicles as from 1 july 2009, and charges imposed within the framework of the european communities shall be administered by federal finance authorities. the organisation of these authorities shall be regulated by a federal law. inasmuch as intermediate authorities have been established, their heads shall be appointed in consultation with the land governments. all other taxes shall be administered by the financial authorities of the länder. the organisation of these authorities and the uniform training of their civil servants may be regulated by a federal law requiring the consent of the bundesrat. inasmuch as intermediate authorities have been established, their heads shall be appointed in agreement with the federal government. to the extent that taxes accruing wholly or in part to the federation are administered by revenue authorities of the länder, those authorities shall act on federal commission. paragraphs (3) and (4) of article 85 shall apply, provided that the federal minister of finance shall take the place of the federal government. where and to the extent that execution of the tax laws will be substantially facilitated or improved thereby, a federal law requiring the consent of the bundesrat may provide for collaboration between federal and land revenue authorities in matters of tax administration, for the administration of taxes enumerated in paragraph (1) of this article by revenue authorities of the länder, or for the administration of other taxes by federal revenue authorities. the functions of land revenue authorities in the administration of taxes whose revenue accrues exclusively to municipalities (associations of municipalities) may be delegated by the länder to municipalities (associations of municipalities) wholly or in part. the procedures to be followed by federal revenue authorities shall be prescribed by a federal law. the procedures to be followed by land revenue authorities or, as provided by the second sentence of paragraph (4) of this article, by municipalities (associations of municipalities) may be prescribed by a federal law requiring the consent of the bundesrat. financial jurisdiction shall be uniformly regulated by a federal law. the federal government may issue general administrative rules which, to the extent that administration is entrusted to land revenue authorities or to municipalities (associations of municipalities), shall require the consent of the bundesrat. article 109. [budget management in the federation and the länder] the federation and the länder shall be autonomous and independent of one another in the management of their respective budgets. the federation and the länder shall perform jointly the obligations of the federal republic of germany resulting from legal acts of the european community for the maintenance of budgetary discipline pursuant to article 104 of the treaty establishing the european community and shall, within this framework, give due regard to the requirements of overall economic equilibrium. the budgets of the federation and the länder shall in principle be balanced without revenue from credits. the federation and länder may introduce rules intended to take into account, symmetrically in times of upswing and downswing, the effects of market developments that deviate from normal conditions, as well as exceptions for natural disasters or unusual emergency situations beyond governmental control and substantially harmful to the state's financial capacity. for such exceptional regimes, a corresponding amortisation plan must be adopted. details for the budget of the federation shall be governed by article 115 with the proviso that the first sentence shall be deemed to be satisfied if revenue from credits does not exceed 0.35 percent in relation to the nominal gross domestic product. the länder themselves shall regulate details for the budgets within the framework of their constitutional powers, the proviso being that the first sentence shall only be deemed to be satisfied if no revenue from credits is admitted. a federal law requiring the consent of the bundesrat may establish principles applicable to both the federation and the länder governing budgetary law, the responsiveness of budgetary management to economic trends, and long-term financial planning. sanctions imposed by the european community on the basis of the provisions of article 104 of the treaty establishing the european community in the interest of maintaining budgetary discipline, shall be borne by the federation and the länder at a ratio of 65 to 35 percent. in solidarity, the länder as a whole shall bear 35 percent of the charges incumbent on the länder according to the number of their inhabitants; 65 percent of the charges incumbent on the länder shall be borne by the länder according to their degree of causation. details shall be regulated by a federal law which shall require the consent of the bundesrat. article 109a. [budgetary emergencies] to avoid a budgetary emergency, a federal law requiring the consent of the bundesrat shall provide for: the continuing supervision of budgetary management of the federation and the länder by a joint body (stability council), the conditions and procedures for ascertaining the threat of a budgetary emergency, the principles for the establishment and administration of programs for taking care of budgetary emergencies. the decisions of the stability council and the accompanying documents shall be published. article 110. [federal budget] all revenues and expenditures of the federation shall be included in the budget; in the case of federal enterprises and special trusts, only payments to or remittances from them need be included. the budget shall be balanced with respect to revenues and expenditures. the budget for one or more fiscal years shall be set forth in a law enacted before the beginning of the first year and making separate provision for each year. the law may provide that various parts of the budget apply to different periods of time, divided by fiscal years. bills to comply with the first sentence of paragraph (2) of this article as well as bills to amend the budget law or the budget itself shall be submitted simultaneously to the bundesrat and to the bundestag; the bundesrat shall be entitled to comment on such bills within six weeks or, in the case of amending bills, within three weeks. the budget law may contain only such provisions as relate to federal revenues and expenditures and to the period for which it is enacted. the budget law may specify that its provisions shall expire only upon promulgation of the next budget law or, in the event of an authorisation pursuant to article 115, at a later date. article 111. [interim budget management] if, by the end of a fiscal year, the budget for the following year has not been adopted by a law, the federal government, until such law comes into force, may make all expenditures that are necessary: to maintain institutions established by a law and to carry out measures authorised by a law; to meet the legal obligations of the federation; to continue construction projects, procurements, and the provision of other benefits or services, or to continue to make grants for these purposes, to the extent that amounts have already been appropriated in the budget of a previous year. to the extent that revenues based upon specific laws and derived from taxes, or duties, or other sources, or the working capital reserves, do not cover the expenditures referred to in paragraph (1) of this article, the federal government may borrow the funds necessary to sustain current operations up to a maximum of one quarter of the total amount of the previous budget. article 112. [extrabudgetary expenditures] expenditures in excess of budgetary appropriations or for purposes not contemplated by the budget shall require the consent of the federal minister of finance. such consent may be given only in the event of an unforeseen and unavoidable necessity. details may be regulated by a federal law. article 113. [increase of expenditures] laws that increase the budget expenditures proposed by the federal government, or entail or will bring about new expenditures, shall require the consent of the federal government. this requirement shall also apply to laws that entail or will bring about decreases in revenue. the federal government may demand that the bundestag postpone its vote on bills to this effect. in this event the federal government shall submit its comments to the bundestag within six weeks. within four weeks after the bundestag has adopted such a law, the federal government may demand that it vote on the law a second time. if the bill has become law pursuant to article 78, the federal government may withhold its consent only within six weeks and only after having initiated the procedure provided for in the third and fourth sentences of paragraph (1) or in paragraph (2) of this article. upon the expiration of this period such consent shall be deemed to have been given. article 114. [submission and auditing of accounts] for the purpose of discharging the federal government, the federal minister of finance shall submit annually to the bundestag and to the bundesrat an account of all revenues and expenditures as well as of assets and debts during the preceding fiscal year. the federal court of audit, whose members shall enjoy judicial independence, shall audit the account and determine whether public finances have been properly and efficiently administered. it shall submit an annual report directly to the bundestag and the bundesrat as well as to the federal government. in other respects the powers of the federal court of audit shall be regulated by a federal law. article 115. [limits of borrowing] the borrowing of funds and the assumption of surety obligations, guarantees, or other commitments that may lead to expenditures in future fiscal years shall require authorisation by a federal law specifying or permitting computation of the amounts involved. revenues and expenditures shall in principle be balanced without revenue from credits. this principle shall be satisfied when revenue obtained by the borrowing of funds does not exceed 0.35 percent in relation to the nominal gross domestic product. in addition, when economic developments deviate from normal conditions, effects on the budget in periods of upswing and downswing must be taken into account symmetrically. deviations of actual borrowing from the credit limits specified under the first to third sentences are to be recorded on a control account; debits exceeding the threshold of 1.5 percent in relation to the nominal gross domestic product are to be reduced in accordance with the economic cycle. the regulation of details, especially the adjustment of revenue and expenditures with regard to financial transactions and the procedure for the calculation of the yearly limit on net borrowing, taking into account the economic cycle on the basis of a procedure for adjusting the cycle together with the control and balancing of deviations of actual borrowing from the credit limit, requires a federal law. in cases of natural catastrophes or unusual emergency situations beyond governmental control and substantially harmful to the state's financial capacity, these credit limits may be exceeded on the basis of a decision by a majority of the bundestag's members. the decision has to be combined with an amortisation plan. repayment of the credits borrowed under the sixth sentence must be accomplished within an appropriate period of time. xa. state of defence article 115a. [declaration of state of defence] any determination that the federal territory is under attack by armed force or imminently threatened with such an attack (state of defence) shall be made by the bundestag with the consent of the bundesrat. such determination shall be made on application of the federal government and shall require a two-thirds majority of the votes cast, which shall include at least a majority of the members of the bundestag. if the situation imperatively calls for immediate action, and if insurmountable obstacles prevent the timely convening of the bundestag or the bundestag cannot muster a quorum, the joint committee shall make this determination by a two-thirds majority of the votes cast, which shall include at least a majority of its members. the determination shall be promulgated by the federal president in the federal law gazette pursuant to article 82. if this cannot be done in time, promulgation shall be effected in another manner; the determination shall be printed in the federal law gazette as soon as circumstances permit. if the federal territory is under attack by armed force, and if the competent federal authorities are not in a position at once to make the determination provided for in the first sentence of paragraph (1) of this article, the determination shall be deemed to have been made and promulgated at the time the attack began. the federal president shall announce that time as soon as circumstances permit. if the determination of a state of defence has been promulgated, and if the federal territory is under attack by armed force, the federal president, with the consent of the bundestag, may issue declarations under international law regarding the existence of the state of defence. under the conditions specified in paragraph (2) of this article, the joint committee shall act in place of the bundestag. article 115b. [power of command of the federal chancellor] upon the promulgation of a state of defence the power of command over the armed forces shall pass to the federal chancellor. article 115c. [extension of the legislative powers of the federation] the federation shall have the right to legislate concurrently for a state of defence even with respect to matters within the legislative powers of the länder. such laws shall require the consent of the bundesrat. to the extent required by circumstances during a state of defence, a federal law for a state of defence may: make temporary provisions concerning compensation in the event of expropriation that deviate from the requirements of the second sentence of paragraph (3) of article 14; establish a time limit for deprivations of freedom different from that specified in the third sentence of paragraph (2) and the first sentence of paragraph (3) of article 104, but not exceeding four days, for cases in which no judge has been able to act within the time limit that normally applies. to the extent necessary to repel an existing or imminently threatened attack, a federal law for a state of defence may, with the consent of the bundesrat, regulate the administration and finances of the federation and the länder without regard to titles viii, viiia and x of this basic law, provided that the viability of the länder, municipalities, and associations of municipalities, especially with respect to financial matters, is assured. federal laws enacted pursuant to paragraph (1) or clause 1 of paragraph (2) of this article may, for the purpose of preparing for their enforcement, be applied even before a state of defence arises. article 115d. [urgent bills] during a state of defence the federal legislative process shall be governed by the provisions of paragraphs (2) and (3) of this article without regard to the provisions of paragraph (2) of article 76, the second sentence of paragraph (1) and paragraphs (2) to (4) of article 77, article 78, and paragraph (1) of article 82. federal government bills that the government designates as urgent shall be forwarded to the bundesrat at the same time as they are submitted to the bundestag. the bundestag and the bundesrat shall debate such bills in joint session without delay. insofar as the consent of the bundesrat is necessary for any such bill to become law, a majority of its votes shall be required. details shall be regulated by rules of procedure adopted by the bundestag and requiring the consent of the bundesrat. the second sentence of paragraph (3) of article 115a shall apply to the promulgation of such laws mutatis mutandis. article 115e. [joint committee] if, during a state of defence, the joint committee by a two-thirds majority of the votes cast, which shall include at least a majority of its members, determines that insurmountable obstacles prevent the timely convening of the bundestag or that the bundestag cannot muster a quorum, the joint committee shall occupy the position of both the bundestag and the bundesrat and shall exercise their powers as a single body. this basic law may neither be amended nor abrogated nor suspended in whole or in part by a law enacted by the joint committee. the joint committee shall have no power to enact laws pursuant to the second sentence of paragraph (1) of article 23, paragraph (1) of article 24, or article 29. article 115f. [use of federal border police extended powers of instruction] during a state of defence the federal government, to the extent circumstances require, may: employ the federal border police throughout the federal territory; issue instructions not only to federal administrative authorities but also to land governments and, if it deems the matter urgent, to land authorities, and may delegate this power to members of land governments designated by it. the bundestag, the bundesrat and the joint committee shall be informed without delay of the measures taken in accordance with paragraph (1) of this article. article 115g. [federal constitutional court] neither the constitutional status nor the performance of the constitutional functions of the federal constitutional court or its judges may be impaired. the law governing the federal constitutional court may be amended by a law enacted by the joint committee only insofar as the federal constitutional court agrees is necessary to ensure that it can continue to perform its functions. pending the enactment of such a law, the federal constitutional court may take such measures as are necessary to this end. determinations by the federal constitutional court pursuant to the second and third sentences of this article shall be made by a majority of the judges present. article 115h. [expiry of electoral terms and terms of office] any electoral terms of the bundestag or of land parliaments due to expire during a state of defence shall end six months after the termination of the state of defence. a term of office of the federal president due to expire during a state of defence, and the exercise of his functions by the president of the bundesrat in case of the premature vacancy of his office, shall end nine months after the termination of the state of defence. the term of office of a member of the federal constitutional court due to expire during a state of defence shall end six months after the termination of the state of defence. should it be necessary for the joint committee to elect a new federal chancellor, it shall do so by the votes of a majority of its members; the federal president shall propose a candidate to the joint committee. the joint committee may express its lack of confidence in the federal chancellor only by electing a successor by a two-thirds majority of its members. the bundestag shall not be dissolved while a state of defence exists. article 115i. [powers of the land governments] if the competent federal bodies are incapable of taking the measures necessary to avert the danger, and if the situation imperatively calls for immediate independent action in particular areas of the federal territory, the land governments or the authorities or representatives they designate shall be authorised, within their respective spheres of competence, to take the measures provided for in paragraph (1) of article 115f. any measures taken in accordance with paragraph (1) of this article may be rescinded at any time by the federal government, or, with respect to land authorities and subordinate federal authorities, by minister-presidents of the länder. article 115k. [rank and duration of emergency provisions] laws enacted in accordance with articles 115c, 115e and 115g, as well as statutory instruments issued on the basis of such laws, shall suspend the operation of incompatible law so long as they are in effect. this provision shall not apply to earlier law enacted pursuant to articles 115c, 115e or 115g. laws adopted by the joint committee, as well as statutory instruments issued on the basis of such laws, shall cease to have effect no later than six months after the termination of a state of defence. laws containing provisions that diverge from articles 91a, 91b, 104a, 106 and 107 shall apply no longer than the end of the second fiscal year following the termination of a state of defence. after such termination they may, with the consent of the bundesrat, be amended by a federal law so as to revert to the provisions of titles viiia and x. article 115l. [repeal of emergency measures conclusion of peace] the bundestag, with the consent of the bundesrat, may at any time repeal laws enacted by the joint committee. the bundesrat may demand that the bundestag reach a decision on this question. any measures taken by the joint committee or by the federal government to avert a danger shall be rescinded if the bundestag and the bundesrat so decide. the bundestag, with the consent of the bundesrat, may at any time, by a decision to be promulgated by the federal president, declare a state of defence terminated. the bundesrat may demand that the bundestag reach a decision on this question. a state of defence shall be declared terminated without delay if the conditions for determining it no longer exist. the conclusion of peace shall be determined by a federal law. xi. transitional and concluding provisions article 116. [definition of "german" restoration of citizenship] unless otherwise provided by a law, a german within the meaning of this basic law is a person who possesses german citizenship or who has been admitted to the territory of the german reich within the boundaries of 31 december 1937 as a refugee or expellee of german ethnic origin or as the spouse or descendant of such person. former german citizens who between 30 january 1933 and 8 may 1945 were deprived of their citizenship on political, racial or religious grounds, and their descendants, shall on application have their citizenship restored. they shall be deemed never to have been deprived of their citizenship if they have established their domicile in germany after 8 may 1945 and have not expressed a contrary intention. article 117. [suspended entry into force of two basic rights] law which is inconsistent with paragraph (2) of article 3 of this basic law shall remain in force until adapted to that provision, but not beyond 31 march 1953. laws that restrict freedom of movement in view of the present housing shortage shall remain in force until repealed by a federal law. article 118. [new delimitation of baden and württemberg] the division of the territory comprising baden, württemberg-baden and württemberg-hohenzollern into länder may be revised, without regard to the provisions of article 29, by agreement between the länder concerned. if no agreement is reached, the revision shall be effected by a federal law, which shall provide for an advisory referendum. article 118a. [new delimitation of berlin and brandenburg] the division of the territory comprising berlin and brandenburg into länder may be revised, without regard to the provisions of article 29, by agreement between the two länder with the participation of their inhabitants who are entitled to vote. article 119. [refugees and expellees] in matters relating to refugees and expellees, especially as regards their distribution among the länder, the federal government, with the consent of the bundesrat, may issue statutory instruments having the force of law, pending settlement of the matter by a federal law. in this connection the federal government may be authorised to issue individual instructions in particular cases. unless time is of the essence, such instructions shall be addressed to the highest land authorities. article 120. [occupation costs burdens resulting from the war] the federation shall finance the expenditures for occupation costs and other internal and external burdens resulting from the war, as regulated in detail by federal laws. to the extent that these war burdens were regulated by federal laws on or before 1 october 1969, the federation and the länder shall finance such expenditures in the proportion established by such federal laws. insofar as expenditures for such of these war burdens as neither have been nor will be regulated by federal laws were met on or before 1 october 1965 by länder, municipalities (associations of municipalities), or other entities performing functions of the länder or municipalities, the federation shall not be obliged to finance them even after that date. the federation shall be responsible for subsidies toward meeting the costs of social security, including unemployment insurance and public assistance to the unemployed. the distribution of war burdens between the federation and the länder prescribed by this paragraph shall not be construed to affect any law regarding claims for compensation for consequences of the war. revenue shall pass to the federation at the time it assumes responsibility for the expenditures referred to in this article. article 120a. [equalisation of burdens] laws implementing the equalisation of burdens may, with the consent of the bundesrat, provide that with respect to equalisation payments they shall be executed partly by the federation and partly by the länder acting on federal commission, and that the relevant powers vested in the federal government and the competent highest federal authorities by virtue of article 85 shall be wholly or partly delegated to the federal equalisation of burdens office. in exercising these powers, the federal equalisation of burdens office shall not require the consent of the bundesrat; except in urgent cases, its instructions shall be given to the highest land authorities (land equalisation of burdens offices). the second sentence of paragraph (3) of article 87 shall not be affected by this provision. article 121. [definition of "majority of the members"] within the meaning of this basic law, a majority of the members of the bundestag and a majority of the members of the federal convention shall be a majority of the number of their members specified by a law. article 122. [date of transmission of legislative powers] from the date on which the bundestag first convenes, laws shall be enacted only by the legislative bodies recognised by this basic law. legislative bodies and institutions participating in the legislative process in an advisory capacity whose competence expires by virtue of paragraph (1) of this article shall be dissolved as of that date. article 123. [continued applicability of pre-existing law] law in force before the bundestag first convenes shall remain in force insofar as it does not conflict with this basic law. subject to all rights and objections of interested parties, treaties concluded by the german reich concerning matters within the legislative competence of the länder under this basic law shall remain in force, provided they are and continue to be valid under general principles of law, until new treaties are concluded by the authorities competent under this basic law, or until they are in some other way terminated pursuant to their provisions. article 124. [continued applicability of law within the scope of exclusive legislative power] law regarding matters subject to the exclusive legislative power of the federation shall become federal law in the area in which it applies. article 125. [continued applicability of law within the scope of concurrent legislative power] law regarding matters subject to the concurrent legislative power of the federation shall become federal law in the area in which it applies: insofar as it applies uniformly within one or more occupation zones; insofar as it is law by which former reich law has been amended since 8 may 1945. article 125a. [continued applicability of federal law replacement by land law] law that was enacted as federal law but that by virtue of the amendment of paragraph (1) of article 74, the insertion of the seventh sentence of paragraph (1) of article 84, the second sentence of paragraph (1) of article 85 or of the second sentence of paragraph (2a) of article 105, or because of the repeal of articles 74a, 75 or the second sentence of paragraph (3) of article 98 could no longer be enacted as federal law, shall remain in force as federal law. it may be superseded by land law. law that was enacted pursuant to paragraph (2) of article 72 as it stood up to 15 november 1994 but which, because of the amendment of paragraph (2) of article 72, could no longer be enacted as federal law shall remain in force as federal law. a federal law may provide that it may be superseded by land law. law that has been enacted as land law but which, because of the amendment of article 73, could not be enacted any longer as land law shall continue in force as land law. it may be superseded by federal law. article 125b. [continued applicability of framework laws deviation power of the länder] law that was enacted pursuant to article 75 as it stood up to 1 september 2006, and which could be enacted as federal law even after this date, shall remain in force as federal law. the powers and duties of the länder to legislate shall in this regard remain unaffected. in the areas referred to in the first sentence of paragraph (3) of article 72 the länder may enact regulations that deviate from this law; however, in those areas covered by clauses 2, 5 and 6 of the first sentence of article 72 the länder may do so only if and insofar as the federation has made use of its power to legislate after 1 september 2006, in those areas covered by clauses 2 and 5 beginning at the latest on 1 january 2010, in cases under clause 6 beginning at the latest on 1 august 2008. the länder may enact regulations deviating from federal regulations enacted pursuant to paragraph (1) of article 84 as it stood up to 1 september 2006; up to 31 december 2008, however, they may deviate from regulations on administrative procedure only if, after 1 september 2006, regulations on administrative procedure in the relevant federal law have been amended. article 125c. [continued applicability of law within the scope of joint tasks] law that was enacted by virtue of paragraph (2) of article 91a in conjunction with clause 1 of paragraph (1) as it stood up to 1 september 2006 shall continue in force until 31 december 2006. the regulations enacted in the areas of municipal traffic financing and promotion of social housing by virtue of paragraph (4) of article 104a as it stood up to 1 september 2006 shall remain in force until 31 december 2006. the regulations enacted on municipal traffic financing for special programmes pursuant to paragraph (1) of article 6 of the municipal traffic financing act, as well as the other regulations enacted pursuant to paragraph (4) of article 104a as it stood up to 1 september 2006, shall continue in force until 31 december 2019, provided no earlier repeal has been or is determined. article 126. [determination about continued applicability of law as federal law] disagreements concerning the continued applicability of law as federal law shall be resolved by the federal constitutional court. article 127. [extension of law to the french zone and to berlin] within one year after promulgation of this basic law the federal government, with the consent of the governments of the länder concerned, may extend to the länder of baden, greater berlin, rhineland-palatinate and württemberg-hohenzollern any law of the administration of the combined economic area, insofar as it remains in force as federal law under article 124 or 125. article 128. [continued authority to issue instructions] insofar as law that remains in force grants authority to issue instructions within the meaning of paragraph (5) of article 84, this authority shall remain in existence until a law otherwise provides. article 129. [continued authority to issue legal acts] insofar as legal provisions that remain in force as federal law grant authority to issue statutory instruments or general administrative rules or to make administrative decisions in individual cases, such powers shall pass to the authorities that henceforth have competence over the subject matter. in cases of doubt the federal government shall decide in agreement with the bundesrat; such decisions shall be published. insofar as legal provisions that remain in force as land law grant such authority, it shall be exercised by the authorities competent under land law. insofar as legal provisions within the meaning of paragraphs (1) and (2) of this article grant authority to amend or supplement the provisions themselves or to issue legal provisions that have the force of laws, such authority shall be deemed to have expired. the provisions of paragraphs (1) and (2) of this article shall apply mutatis mutandis to legal provisions that refer to provisions no longer in force or to institutions no longer in existence. article 130. [transfer of existing administrative institutions] administrative agencies and other institutions that serve the public administration or the administration of justice and are not based on land law or on agreements between länder, as well as the administrative union of south west german railways and the administrative council for postal and telecommunications services for the french occupation zone, shall be placed under the control of the federal government. the federal government, with the consent of the bundesrat, shall provide for their transfer, dissolution, or liquidation. the supreme disciplinary authority for the personnel of these administrative bodies and institutions shall be the competent federal minister. corporations and institutions under public law not directly subordinate to a land nor based on agreements between länder shall be under the supervision of the competent highest federal authority. article 131. [persons formerly in the public service] the legal relations of persons, including refugees and expellees, who on 8 may 1945 were employed in the public service, have left the service for reasons other than those recognised by civil service regulations or collective bargaining agreements, and have not yet been reinstated or are employed in positions that do not correspond to those they previously held, shall be regulated by a federal law. the same shall apply mutatis mutandis to persons, including refugees and expellees, who on 8 may 1945 were entitled to pensions and related benefits and who for reasons other than those recognised by civil service regulations or collective bargaining agreements no longer receive any such pension or related benefits. until the pertinent federal law takes effect, no legal claims may be made, unless land law otherwise provides. article 132. [retirement of civil servants] civil servants and judges who enjoy life tenure when this basic law takes effect may, within six months after the bundestag first convenes, be retired, suspended, or transferred to lower-salaried positions if they lack the personal or professional aptitude for their present positions. this provision shall apply mutatis mutandis to salaried public employees, other than civil servants or judges, whose employment cannot be terminated at will. in the case of salaried employees whose employment may be terminated at will, notice periods longer than those set by collective bargaining agreements may be rescinded within the same period. the preceding provision shall not apply to members of the public service who are unaffected by the provisions regarding "liberation from national socialism and militarism" or who are recognised victims of national socialism, absent important personal grounds. persons affected may have recourse to the courts in accordance with paragraph (4) of article 19. details shall be specified by a statutory instrument issued by the federal government with the consent of the bundesrat. article 133. [succession to the administration of the combined economic area] the federation shall succeed to the rights and duties of the administration of the combined economic area. article 134. [succession to reich assets] reich assets shall, in principle, become federal assets. insofar as such assets were originally intended to be used principally for administrative tasks not entrusted to the federation under this basic law, they shall be transferred without compensation to the authorities now entrusted with such tasks and to the extent that such assets are now being used, not merely temporarily, for administrative tasks that under this basic law are now performed by the länder, they shall be transferred to the länder. the federation may also transfer other assets to the länder. assets that were placed at the disposal of the reich without compensation by länder or municipalities (associations of municipalities) shall revert to those länder or municipalities (associations of municipalities) insofar as the federation does not require them for its own administrative purposes. details shall be regulated by a federal law requiring the consent of the bundesrat. article 135. [assets in case of territorial changes between the länder] if after 8 may 1945 and before the effective date of this basic law an area has passed from one land to another, the land to which the area now belongs shall be entitled to the assets of the land to which it previously belonged that are located in that area. the assets of länder or other public-law corporations or institutions that no longer exist, insofar as they were originally intended to be used principally for administrative tasks or are now being so used, not merely temporarily, shall pass to the land, corporation or institution that now performs those tasks. real property of länder that no longer exist, including appurtenances, shall pass to the land within which it is located, insofar as it is not among the assets already referred to in paragraph (1) of this article. insofar as an overriding interest of the federation or the particular interest of a region requires, a federal law may depart from the rules prescribed by paragraphs (1) to (3) of this article. in all other respects, the succession to and disposition of assets, insofar as it has not been effected before 1 january 1952 by agreement between the affected länder or corporations or institutions established under public law, shall be regulated by a federal law requiring the consent of the bundesrat. holdings of the former land of prussia in enterprises established under private law shall pass to the federation. details shall be regulated by a federal law, which may also depart from this provision. insofar as assets that on the effective date of this basic law would devolve upon a land or a corporation or institution established under public law pursuant to paragraphs (1) to (3) of this article have been disposed of by or pursuant to a land law or in any other manner by the party thus entitled, the transfer of assets shall be deemed to have taken place before such disposition. article 135a. [old debts] federal legislation enacted pursuant to paragraph (4) of article 134 or paragraph (5) of article 135 may also provide that the following debts shall not be discharged, or that they shall be discharged only in part: debts of the reich, of the former land of prussia, or of such other corporations and institutions under public law as no longer exist; such debts of the federation or of corporations and institutions under public law as are connected with the transfer of assets pursuant to article 89, 90, 134 or 135, and such debts of these bodies as arise from measures taken by the bodies designated in clause 1; such debts of the länder or municipalities (associations of municipalities) as have arisen from measures taken by them before 1 august 1945 within the framework of administrative functions incumbent upon or delegated by the reich to comply with orders of the occupying powers or to terminate a state of emergency resulting from the war. paragraph (1) of this article shall apply mutatis mutandis to debts of the german democratic republic or its institutions as well as to debts of the federation or other corporations and institutions under public law that are connected with the transfer of assets of the german democratic republic to the federation, länder or municipalities, and to debts arising from measures taken by the german democratic republic or its institutions. article 136. [first convening of the bundesrat] the bundesrat shall convene for the first time on the day the bundestag first convenes. until the election of the first federal president, his powers shall be exercised by the president of the bundesrat. he shall not have authority to dissolve the bundestag. article 137. [right of state employees to stand for election] the right of civil servants, other salaried public employees, professional or volunteer members of the armed forces, and judges to stand for election in the federation, in the länder or in the municipalities may be restricted by a law. the election of the first bundestag, of the first federal convention and of the first federal president shall be governed by an electoral law to be enacted by the parliamentary council. until the federal constitutional court is established, its authority under paragraph (2) of article 41 shall be exercised by the german high court for the combined economic area, which shall make determinations in accordance with its procedural rules. article 138. [south german notaries] changes in the rules governing the notarial profession as it now exists in the länder of baden, bavaria, württemberg-baden and württemberg-hohenzollern shall require the consent of the governments of these länder. article 139. [continued applicability of denazification provisions] the legal provisions enacted for the "liberation of the german people from national socialism and militarism" shall not be affected by the provisions of this basic law. article 140. [law of religious denominations] the provisions of articles 136, 137, 138, 139 and 141 of the german constitution of 11 august 1919 shall be an integral part of this basic law. article 141. ["bremen clause"] the first sentence of paragraph (3) of article 7 shall not apply in any land in which land law otherwise provided on 1 january 1949. article 142. [reservation in favour of basic rights in land constitutions] notwithstanding article 31, provisions of land constitutions shall also remain in force insofar as they guarantee basic rights in conformity with articles 1 to 18 of this basic law. article 142a (repealed) article 143. [duration of deviations from the basic law] the law in the territory specified in article 3 of the unification treaty may deviate from provisions of this basic law for a period extending no later than 31 december 1992 insofar and so long as disparate circumstances make full compliance impossible. deviations may not violate paragraph (2) of article 19 and must be compatible with the principles specified in paragraph (3) of article 79. deviations from titles ii, viii, viiia, ix, x and xi shall be permissible for a period extending no later than 31 december 1995. independently of paragraphs (1) and (2) of this article, article 41 of the unification treaty and the rules for its implementation shall also remain in effect insofar as they provide for the irreversibility of acts interfering with property rights in the territory specified in article 3 of this treaty. article 143a. [exclusive legislative power concerning federal railways] the federation shall have exclusive power to legislate with respect to all matters arising from the transformation of federal railways administered by the federation into business enterprises. paragraph (5) of article 87e shall apply mutatis mutandis. civil servants employed by federal railways may be assigned by a law to render services to federal railways established under private law without prejudice to their legal status or the responsibility of their employer. laws enacted pursuant to paragraph (1) of this article shall be executed by the federation. the federation shall continue to be responsible for local passenger services of the former federal railways until 31 december 1995. the same shall apply to the corresponding functions of rail transport administration. details shall be regulated by a federal law requiring the consent of the bundesrat. article 143b. [privatisation of the deutsche bundespost] the special trust deutsche bundespost shall be transformed into enterprises under private law in accordance with a federal law. the federation shall have exclusive power to legislate with respect to all matters arising from this transformation. the exclusive rights of the federation existing before the transformation may be transferred by a federal law for a transitional period to the enterprises that succeed to the deutsche bundespost postdienst and to the deutsche bundespost telekom. the federation may not surrender its majority interest in the enterprise that succeeds to the deutsche bundespost postdienst until at least five years after the law takes effect. to do so shall require a federal law with the consent of the bundesrat. federal civil servants employed by the deutsche bundespost shall be given positions in the private enterprises that succeed to it, without prejudice to their legal status or the responsibility of their employer. the enterprises shall exercise the employer's authority. details shall be regulated by a federal law. article 143c. [compensation for the cessation of joint tasks] from 1 january 2007 until 31 december 2019, the länder shall be entitled to receive annual payments from the federal budget as compensation for losing the federation's financial contributions resulting from the abolition of the joint tasks of extension and construction of institutions of higher education, including university hospitals and educational planning, as well as for losing financial assistance for the improvement of municipal traffic infrastructure and for the promotion of social housing. until 31 december 2013, these amounts are to be determined by averaging the financial share of the federation for the years 2000 to 2008. until 31 december 2013, the payments pursuant to paragraph (1) shall be distributed among the länder in the form of: fixed annual payments the amounts of which shall be determined according to the average share of each land during the period 2000 to 2003; payments earmarked for the functional area of the former joint financing. until the end of 2013, the federation and the länder shall review the extent to which the financing allotted to individual länder pursuant to paragraph (1) is still appropriate and necessary for the discharge of their tasks. beginning with 1 january 2014, the earmarking pursuant to clause 2 of paragraph (2) of the financial means allotted under paragraph (1) shall cease; the earmarking for the volume of the means for investment purposes shall remain unchanged. agreements resulting from solidarity pact ii shall remain unaffected. details shall be regulated by a federal law which shall require the consent of the bundesrat. article 143d. [transitional provisions relating to consolidation assistance] articles 109 and 115 in the version in force until 31 july 2009 shall apply for the last time to the 2010 budget. articles 109 and 115 in the version in force as from 1 august 2009 shall apply for the first time to the 2011 budget; debit authorisations existing on 31 december 2010 for special trusts already established shall remain untouched. in the period from 1 january 2011 to 31 december 2019, the länder may, in accordance with their applicable legal regulations, deviate from the provisions of paragraph (3) of article 109. the budgets of the länder are to be planned in such a way that the 2020 budget fullfils the requirements of the fifth sentence of paragraph (3) of article 109. in the period from 1 january 2011 to 31 december 2015, the federation may deviate from the provisions of the second sentence of paragraph (2) of article 115. the reduction of the existing deficits should begin with the 2011 budget. the annual budgets are to be planned in such a way that the 2016 budget satisfies the requirement of the second sentence of paragraph (2) of article 115; details shall be regulated by federal law. as assistance for compliance with the provisions of paragraph (3) of article 109 after 1 january 2020, the länder of berlin, bremen, saarland, saxony-anhalt, and schleswig-holstein may receive, for the period 2011 to 2019, consolidation assistance from the federal budget in the global amount of 800 million euros annually. the respective amounts are 300 million euros for bremen, 260 million euros for saarland, and 80 million euros each for berlin, saxony-anhalt, and schleswig-holstein. the assistance payments shall be allocated on the basis of an administrative agreement under the terms of a federal law requiring the consent of the bundesrat. these grants require a complete reduction of financial deficits by the end of 2020. the details, especially the annual steps to be taken to reduce financial deficits, the supervision of the reduction of financial deficits by the stability council, along with the consequences entailed in case of failure to carry out the step-by-step reduction, shall be regulated by a federal law requiring the consent of the bundesrat and by an administrative agreement. there shall be no simultaneous granting of consolidation assistance and redevelopment assistance on the grounds of an extreme budgetary emergency. the financial burden resulting from the granting of the consolidation assistance shall be borne equally by the federation and the länder, to be financed from their share of the value-added tax. details shall be regulated by a federal law requiring the consent of the bundesrat. article 144. [ratification of the basic law berlin] this basic law shall require ratification by the parliaments of two thirds of the german länder in which it is initially to apply. insofar as the application of this basic law is subject to restrictions in any land listed in article 23 or in any part thereof, such land or part thereof shall have the right to send representatives to the bundestag in accordance with article 38 and to the bundesrat in accordance with article 50. article 145. [entry into force of the basic law] the parliamentary council, with the participation of the members for greater berlin, shall confirm the ratification of this basic law in public session and shall certify and promulgate it. this basic law shall take effect at the end of the day on which it is promulgated. it shall be published in the federal law gazette. article 146. [duration of the basic law] this basic law, which since the achievement of the unity and freedom of germany applies to the entire german people, shall cease to apply on the day on which a constitution freely adopted by the german people takes effect. chapter i bases of institutionality article 1 persons are born free and equal, in dignity and rights. family is the fundamental core of society. the state recognizes and protects the intermediate groups through which society organizes and structures itself and guarantees them the necessary autonomy to fulfill with their own specific purposes. the state is at the service of the human person and its goal is to promote the common good, for which it must contribute to create the social conditions which may allow each and every one of the members of the national community to achieve their greatest possible spiritual and material fulfillment, with full respect for the rights and guaranties established by this constitutions. it is the duty of the state to safeguard national security, to provide protection to the population and the family, tending the strengthening of the latter, to promote the harmonized integration of all the sectors of the nation and to ensure everyone the right to participate in the national life with equal opportunities. article 2 the national flag, the coat of arms of the republic and the national anthem are national emblems. article 3 the state of chile is unitary. the state’s administration will be functionally and territorially decentralized or deconcentrated, where appropriate, in accordance with the law. the state’s bodies will encourage the strengthening of the regionalization of the country and the equitable and solidary development between regions, provinces and communes of the national territory. article 4 chile is a democratic republic. article 5 sovereignty rests essentially with the nation. it is exercise by the people through plebiscites and periodic elections, as well as by the authorities established by this constitution. no sector of the people or individual may claim its exercise. the exercise of sovereignty recognized the respect towards the essential rights that emanate from human nature as a limit. it is the duty of the state’s bodies to respect and promote those rights, guaranteed by this constitution, as well as by international treaties which have been ratified by chile and that are in force. article 6 the bodies of the state bodies must subject their action to the constitution and the norms enacted in conformity therewith as well as guarantee the institutional order of the republic. the provisions of this constitution are binding both for the officials or other members of the said bodies as well as for every person, institution or group. the breach of this norm will generate the responsibilities and penalties determined by the law. article 7 the bodies of the state act validly once their members have been regularly invested, within their powers, and in the manner prescribed by the law. no judicature, person or group of persons may claim, even under the pretext of extraordinary circumstances, any other authority or rights than those expressly conferred upon them by the constitution or by law. any act contravening this article is null and shall give rise to the responsibilities and penalties set forth by law. article 8 the exercise of public functions compels officials to strictly comply with the principle of probity in all of their actions. all acts and resolutions of the state’s bodies, as well as their grounds and the procedures used, are public. however, only a qualified quorum law shall establish the reserve or secret of them, when their disclosure compromised the proper performance of the functions of these bodies, the rights of persons, national security or national interest. the president of the republic, the ministers of state, the representatives and senators, and all other authorities and officials that a constitutional organic law specifies, will have to declare their interests and patrimony publicly. the said statute will determine the cases and conditions in which those authorities will delegate to third parties the administration of those assets and obligations which involve a conflict of interests in the exercise of the public function. furthermore, it may also consider other appropriate measures to resolve them and, in qualified situations, provide for the disposition of all or part of the assets. article 9 terrorism in any of its forms is in essence contrary to human rights. a qualified quorum law shall define the terrorist conducts and their penalties. those responsible for these crimes shall be banned, for a period of fifteen years, from exercising public functions or holding public offices, whether or not of popular elections; or from positions of principal or director of an educational institution, or from exercising teaching functions in them; from operating a social communication media or being a director or manager of it, or to perform in it functions related to the emission or dissemination of opinions and information; or leading positions in political organizations, or those related to education or of a local, professional, entrepreneurial, unions, student, or guild nature, during that period. the aforementioned is understood notwithstanding to other inabilities or those which the law establishes for a longer period. the crimes to which the preceding paragraph refers to, will always be considered common and not political for all legal purposes, and individual pardon will not proceed in relation to them, except in the case of commuting the death penalty to life imprisonment. chapter ii. nationality and citizenship article 10 chileans are: those born in chilean territory, with the exception of the sons of foreigners who are in chile in service of their government, and the sons of transient foreigners, all of which, however, may opt for the chilean nationality. the sons of a chilean father or mother, born abroad. however, it is required that one of his ancestors in a direct line of first or second degree, has acquired chilean citizenship under what is stated in numbers 1, 3 or 4. foreigners who obtain letters of naturalization in accordance with the law, and those who obtain special naturalization granted by law. the law shall regulate the procedures to opt for chilean nationality, of the granting refusal, and cancellation of letters of naturalization, and of the creation of a register of all of these acts. article 11 chilean nationality is lost: by voluntary resignation manifested before the competent chilean authorities. this resignation will only take effect if the person has been previously nationalized in a foreign country. by means of a supreme decree, in case of having provided services, during a foreign war, to enemies of chile or their allies. by annulment of the letter of naturalization, and by a law revoking naturalization granted by special grace. those who have lost the chilean nationality for any of the reasons set out in this article, may only be rehabilitated by law. article 12 the person affected by an act or resolution of an administrative authority that deprives him of his chilean citizenship or does not take his citizenship into account, may appeal, by himself or through anyone in his name, within the period of thirty days, before the supreme court, which shall hear the case as a jury and in full court. the file of the appeal will suspend the effects of the act or resolution appealed. article 13 citizens are those chileans who have reached the age of eighteen years and who have never been sentenced to afflictive punishment. the status of citizen entails the rights to vote, the eligibility to hold positions subject to popular voting, as well as all other rights granted by the constitution or the law. the citizens eligible to vote and residing abroad, may vote from abroad in the presidential primary elections, in the elections of president of the republic, and in national plebiscites. a constitutional organic law shall establish the procedure to materialize the registration in the electoral register and will regulate the way in which the electoral and plebiscitary procedures shall take place abroad, in conformity with what is established in the first and second paragraphs of article 18. in the case of the chileans referred to in numbers 2 and 4 of article 10, the exercise of the rights that are conferred to them by citizenship will be subject to them having been resident in chile for more than a year. article 14 foreigners who have resided in chile for more than five years, and who meet the requirements stated in the first paragraph of article 13, may exercise the right to vote in the circumstances and manners prescribed by law. those nationalized in accordance with n° 3 of article 10, will have the option to opt to public responsibilities of popular election only after five years of being in possessions of their letters of naturalization. article 15 in the popular votes, the vote shall be personal, egalitarian, secret and voluntary. a popular vote may only be convoked for the elections and plebiscites expressly established in this constitution. article 16 the right to vote is suspended: by interdiction in case of dementia; if a person is being charged for a crime that deserves afflictive punishment or for any other crime that the law qualifies as terrorist conduct; and for having been punished by the constitutional court in conformity with what is established in the seventh paragraph of number 15 of article 19 of this constitution. those that for this reason find themselves deprived of the right to vote will recover it after a period of five years from the day of the decision of the court. this suspension will not produce any other legal effect, subject to the provisions of paragraph seven of number 15 of article 19. article 17 the condition of citizen is lost: upon loss of chilean nationality; on account of a judicial ruling to afflictive punishment, and on account of a judicial ruling for crimes that the law qualifies as terrorist conduct and those crimes related to drug dealing and that have merited, additionally, afflictive punishment. those who have lost their citizenship on the grounds referred to in number 2, will recover it in conformity to law, once their criminal responsibility has been extinguished. those who have lost it on the grounds provided for in number 3 may apply for rehabilitation to the senate once they have served their sentence. article 18 there will be a public electoral system. a constitutional organic law shall determine its organization and operation, shall regulate the manner in which the electoral and plebiscitary processes will be carried out in all matters that are not covered by this constitution, and shall always guarantee absolute equality between independents and members of political parties both in the presentation of candidatures and in their participation in the specified processes. the said law will also establish a system of financing, transparency, limit and control of electoral spending. a constitutional organic law shall also contemplate a system of electoral registration, under the direction of the electoral service, to which all of those who meet the requirements established in this constitution shall be incorporated by virtue of law. the safeguarding of the public order during these electoral and plebiscitary acts will correspond to the armed forces and the carabineros [police] in the manner provided by the law. chapter iii. constitutional rights and duties article 19 the constitution guarantees to all persons: the right to life and to the physical and mental integrity of the person. the law protects the life of the one about to be born. the death penalty may only be instituted for a crime established in a law approved by a qualified quorum. the application of any illegitimate constrain is forbidden; equality before the law. in chile there are neither privilege persons nor groups. in chile there are no slaves, and anyone that sets foot on its territory will become free. men and women are equal before the law. neither the law nor any authority whatsoever may establish arbitrary differences; equal protection under the law in the exercise of their rights. all person has the right to legal defense in the manner indicated by the law and no authority or individual may prevent, restrict or distort the due intervention of the legal counsel should it have been sought. as regards to members of the armed forces and of the public order and security forces, this right shall be governed, in what regards the administrative and disciplinary matters, by the relevant norms of their respective statutes. the law shall provide means to provide legal advice and defense to those who cannot obtain it for themselves. the law shall establish the cases and the way in which natural persons who are victims of crimes will have free legal advice and defense, in order of exercising the criminal action recognized by this constitution and the laws. any person charged with a crime has the inalienable right to be assisted by a defense counsel provided by the state if he fails to appoint one at the opportunity provided by the law. no one may be judged by special commissions but by the court specified by law and provided such court has been established prior to the perpetration of the act. any ruling of a body that exercises jurisdiction must be based on a previous legally held process. the legislator must always establish the guarantees of a rational and just procedure and investigation. the law cannot presume de jure criminal liability. no crime will be punished with a different penalty from that prescribed in a law enacted prior to its perpetration, unless a new law favors the affected. no law may establish penalties for crimes which have not been expressly described therein; respect and protection of the private life and honor of the individual and his family, and specifically, the protection of his personal data. the treatment and protection of these data will be handled in the manner and conditions set forth by law; the inviolability of the home and of all forms or private communication. the home can only be searched and the private communications and documents intercepted, opened or registered in the circumstances and manner prescribed by law; the freedom of conscience, expression of any belief and the free exercise of all religions which are not contrary to morals, good customs or public order. religious denominations may erect and maintain temples and their dependencies under the safety and hygiene conditions established by the laws and ordinances. churches, and religious denominations and institutions of any cult shall have the rights, in regard to assets, which the laws currently in force grant and recognize. the temples and their dependencies, used exclusively for the service of a cult, shall be exempt from all taxes; the right to personal freedom and to individual security. therefore, everyone has the right to reside and remain in any place of the republic, move from one place to another and enter and leave its territory, provided that the norms established in the law are respected and provided that third parties are not impaired. no one may be deprived of his personal freedom nor may such be restricted except in the cases and the manner established by the constitution and the laws; no one may be arrested or detained except by an order issued by a public official expressly authorized by law and after that order is handed out to him legally. nonetheless, an individual caught in the act of committing a crime may be detained provided that he be brought before the competent judge within the following twenty-four hours. should the authority order the arrest or detention of an individual, the competent judge must be served, within forty-eight hours following the arrest or detention, and the individual is to be brought before him. by virtue of a well-grounded decision, the judge may extend this period to five days and, in instances where the facts under investigation are described by the law as terrorist acts, such period may be extended to ten days. no one may be arrested or detained, subjected to preventive detention or imprisoned, but at his house or in public places intended for this purpose. those in charge of prisons may not accept anyone who has been arrested or detained, or who is being tried or sentenced to prison, without recording the appropriate order issued by a legally authorized official, in a public register. no incommunication order may prevent the official in charge of the place of detention from visiting the individual under arrest or detention, subject to trial proceedings or sentenced to prison, held in such place of detention. this officer is obliged, provided it is so requested by the arrested person or detainee, to send a copy of the detention warrant to the competent judge, or to demand that such copy be given to him, or to make an attestation by himself that the individual is being detained, in the event this requirement should have been omitted at the time of the detention. release on bail shall apply unless the detention or preventive imprisonment is considered by the judge as necessary for the investigation or for the security of the victim, or the society. the law shall establish the requirements and formalities for obtaining such release. the appeal of the decision concerning the liberty of the accused for the crimes established in article 9, will be taken cognizance of by the appropriate superior court, composed entirely of incumbent members. the ruling which approves or grants it will need to be agreed by unanimity. while under freedom, the accused shall always be subjected to surveillance measures of the authority that the law establishes; in criminal cases the defendant shall be obliged to testify under oath on acts of his own; nor shall he be obliged to testify against the defendant, his ascendants, descendants, spouse or any other persons who, according to cases or circumstances, should be specified in the law; no penalty of confiscation shall be imposed, without prejudice to any seizure in the circumstances determined by law; however, such a penalty will apply with respect to illicit associations. the loss of social security rights may not be imposed as a penalty; and once the definitive dismissal or absolutory ruling has been issued, the person subjected to a criminal process or condemned in any instance by a resolution that the supreme court declares unjustifiably erroneous or arbitrary, shall have the right to be compensated by the state for the economic and moral loss suffered. the compensation shall be determined judicially in a brief and summary procedure and, in it, the evidence shall be conscientiously analyzed. the right to live in an environment free of contamination. it is the duty of the state to ensure that this right is not jeopardized and to promote the preservation of nature. the law may establish specific restrictions on the exercise of certain rights or freedoms to protect the environment; the right to protection of health. the state protects the free and equal access to actions for the promotion, protection and recovery of health and for the rehabilitation of the individual. it will also be responsible for the coordination and control of the health-related actions. it is a preferential duty of the state to ensure the implementation of health-related actions, whether provided through public or private institutions, in the form and conditions prescribed by law, which may establish compulsory contributions. every person shall have the right to choose the health care system that he wishes to join, either state-owned or private. the right to education. the objective of education is the complete development of the individual in the various stages of his life. parents have the preferential right and duty to educate their children. the state shall provide special protection for the exercise of this right. it is mandatory for the state to promote preschool education, for which it will finance a free system starting from the middle-lower education level, intended to ensure the access to it and to its higher levels. the second level of transition is mandatory, being a requirement for admission to primary education. primary and secondary educations are mandatory. for this purpose, the state must finance a free system, aimed at ensuring access to it to all the population. in the case of secondary education, this system, in accordance with the law, will be extended until the age of 21. it will also correspond to the state to encourage the development of education at all levels, encourage scientific and technological research, artistic creation and the protection and enhancement of the cultural heritage of the nation. it is the duty of the community to contribute to the development and improvement of education; freedom of teaching includes the right to open, organize and maintain educational institutions. the teaching freedom has no limitations but those imposed by morals, good customs, public order and national security. officially recognized education shall not be directed towards propagating any partisan political trend. parents have the right to choose the educational institution for their children. a constitutional organic law shall establish the minimum requirements to be required in each of the levels of primary and secondary education and will indicate the objective norms, of general application, that will enable the state to ensure their compliance. the said law, likewise, will establish the requirements for the official recognition of educational institutions at all levels; freedom to express opinions and to inform, without prior censorship, in any form and by any means, notwithstanding the liability for crimes and abuses committed in the exercise of these freedoms, in accordance with the law, which shall be of qualified quorum. in no case may the law establish a state monopoly over the mass media. any individual or body corporate offended or unjustly alluded to in a mass medium, has the right to have his declaration or rectification gratuitously disseminated, under the conditions determined by law, by the mass medium having issued such information. all individuals or bodies corporate shall have the right to establish, edit or maintain newspapers, magazines and periodicals, under the conditions prescribed for by law. the state, universities and other persons or entities as prescribed by law, may establish, operate and maintain television stations. there shall be a national television council, autonomous and with legal personality, responsible for ensuring the safe operation of this medium of communication. a qualified quorum law shall determine the organization, the functions and powers of the said council. the law will regulate a system of qualification for the exhibition of film production; the right to assemble peacefully without prior permission and unarmed. meetings at squares, streets and other public places shall be governed by general police regulations; the right to present petitions to the authority, in regard to any matter of public or private interest, without any limitation but to proceed on respectful and appropriate terms; the right to associate without prior permission. in order to enjoy legal status, associations must be established in conformity to the law. no one may be compelled to belong to an association. associations that are contrary to morals, public order and security of the state are forbidden. political parties shall not intervene in activities that are not their own or have any privilege or monopoly of public participation; the list of their members will be registered in the electoral state service, which will keep it, and which will be accessible to members of the respective party; their accounts must be public; their sources of funding shall not come from money, assets, donations, contributions or credits of foreign origin; their statutes must stipulate the rules to ensure effective internal democracy. a constitutional organic law shall establish a system of primary elections that may be used by the said parties for the nomination of candidates to offices of popular election, which results shall be binding for these collectivities, with the exceptions established by the law. those that are not elected in the primary elections may not be candidates, in that election, to the respective office. a constitutional organic statute shall regulate the other matters that concern them and the sanctions that will be applied for the breach of its provisions, among which their dissolution may be considered. the associations, movements, organizations or groups of persons that pursue or perform activities pertaining to political parties without complying with the above rules are illegal and will be sanctioned in accordance with the aforementioned constitutional organic statute. the constitution guarantees political pluralism. parties, movements or other forms of organization whose objectives, actions or conduct do not respect the basic principles of democratic and constitutional rule, who seek to establish a totalitarian system, as well as those which use violence, advocate or incite it as a method of political action, are unconstitutional. it will correspond to the constitutional court to declare this unconstitutionality. notwithstanding other sanctions established in this constitution or the law, the persons who have been involved in the acts which motivate the declaration of unconstitutionality to which the preceding paragraph refers, shall not participate in the formation of other political parties, movements or other forms of political organization, nor shall they opt for positions of popular election or hold the positions listed in numbers 1) to 6) of article 57, for a period of five years as from the decision of the court. if at that time the persons mentioned should be in possession of the functions or positions indicated, they will lose by the virtue of law. the persons sanctioned under this provision shall not be subject to rehabilitation during the period prescribed in the preceding paragraph. the duration of the disqualifications referred to in that paragraph shall be doubled in the case of recurrence; freedom to work and its protection. every person has the right to freely contract and to the free choice of work with a fair retribution. any discrimination that is not based on personal skills or capability is forbidden, notwithstanding that the law may require chilean citizenship or age limits in certain cases. no type of work may be prohibited, unless it is contrary to morals, safety or public health, or where it is required by the national interests and a law so declares. no law or provision of a public authority may require membership to any organization or entity as a condition for carrying out a particular activity or work, or the disaffiliation to keep it. the law shall determine which professions require a degree or university degree and the conditions to be met to practice them. the professional associations constituted in accordance with the law and which are related to such professions, shall be entitled to hear of the complaints made about ethical conduct of their members. their decisions may be appealed before the respective court of appeals. the professionals that are not associated shall be judged by the courts especially established in the law. collective bargaining with the company in which they work is a right of the workers, except in the cases in which the law expressly forbids to negotiate. the law shall establish the procedures for collective negotiation and the adequate procedures to produce a just and peaceful solution in it. the law shall indicate the cases in which collective negotiation must be subjected to mandatory arbitration, which will correspond to special courts of experts which organization and powers will be established in it. state or municipal officials may not declare go on strike. neither may the people who work in corporations or enterprises, whatever their nature, purpose or function, that provide services of public utility or which stoppage would seriously endanger the health, the economy of the country, the supply of the population or national security. the law shall establish the procedures for determining the corporations or enterprises whose workers will be subject to the prohibition contained in this paragraph; admission to all public positions and jobs, without any other requirements than those imposed by the constitution and the laws; the right to social security. the laws governing the exercise of this right shall be of qualified quorum. state action will be directed to ensure the access of all inhabitants to uniform basic benefits, whether they are granted through public or private institutions. the law may establish compulsory contributions. the state shall supervise the proper exercise of the right to social security; the right to unionize in the cases and manner provided by the law. trade union membership shall always be voluntary. trade unions enjoy legal personality by the mere fact of registering their statutes and constitutive charters in the form and conditions prescribed by law. the law shall provide the mechanisms that ensure the autonomy of these organizations. trade unions may not intervene in partisan political activities; the equal distribution of taxes in proportion to income or in the progression or manner that the law establishes, and equal distribution of other public burdens. in no case may the law establish evidently disproportionate or unfair taxes. the taxes collected whatever their nature will enter into the treasury of the nation and shall not be earmarked for a specific use. the law may, however, authorize certain taxes to be assigned for national defense needs. likewise, it may authorize that those taxes levied on activities or goods of clear local or regional identification can be allocated -within the frameworks that the law establishesby the regional or communal authorities to finance development works; the right to develop any economic activity which is not contrary to morals, public order or national security, abiding legal norms which regulate them. the state and its bodies may develop entrepreneurial activities or participate in them only if a qualified quorum law authorizes it. in that case, those activities shall be subject to the ordinary legislation applicable to individuals, notwithstanding the exceptions that, for justifiable reasons, the law establishes, which shall be, likewise, of qualified quorum. the non-arbitrary discrimination treatment to be granted by the state and its bodies in economic affairs. only by virtue of a law, and providing that it does not imply the said discrimination, certain direct or indirect benefits in favor of any sector, activity or geographical zone may be authorized, or special encumbrances that affect one or the others may be established. in the case of franchises or indirect benefits, the estimated cost of these shall be included annually in the budget law; freedom to acquire property over all kinds of goods, except for those which nature has made common to all men or which should belong to the nation as a whole and the law declares so. the aforementioned is notwithstanding of what is set forth in other provisions of this constitution. a qualified quorum law -and when required by the national interestmay establish limitations or requirements for acquiring property over some goods; the right of ownership in its diverse species of all kinds of tangible or intangible goods. only the law can set forth the mode of acquiring property, of using, enjoying and disposing of it as well as the limitations and obligations that derive from its social function. this includes all that the general interests of the nation, national security, the public utilities and health and the preservation of the environment, require. no one can, in any case, be deprived of his property, the goods affected or any of the essential attributes or powers of the domain, but by virtue of a general or special law that authorizes a taking for public utility or national interest, qualified by the legislator. the expropriated may challenge the legality of the taking act before the ordinary courts and shall always have the right to be compensated for the property damage actually caused, which will be determined by agreement or by a ruling issued in accordance with the law by the said courts. in the absence of an agreement, the compensation shall be paid in cash. the material possession of the expropriated property shall take place upon payment of total compensation, which, in the absence of an agreement, shall be provisionally determined by experts in the manner provided by the law. in case there is a complaint regarding legal basis of the taking, the judge may, on the merits of the information adduced, order the suspension of the material possession. the state has absolute, exclusive, inalienable and imprescriptible domain of all mines, including guano deposits [covaderas], metalliferous sands, salt mines, coal and hydrocarbon deposits and other fossil substances, with the exception of superficial clays, notwithstanding the property of natural or legal persons over the terrains in which they may be contained. surface properties are subject to the obligations and limitations established by law to facilitate exploration, exploitation and processing of such mines. the law is to determine what substances of those referred to in the preceding paragraph, excepting liquid or gaseous hydrocarbons, may be subject to exploration or exploitation concessions. these concessions shall always be constituted by a judicial decision and will have the duration, will confer the rights and impose the obligations that the law expresses, which shall have the character of constitutional organic. the mining concession required the owner to undertake the necessary activity to satisfy the public interest that justifies its granting. the protection legal frame shall be established by the said law, and will tend directly or indirectly to obtain the fulfillment of that obligation and will contemplate the grounds for revocation in the event of nonfulfillment or simple extinguishment of domain over the concession. in any case, the said grounds and its effects must be established at the time of granting the concession. it will be the sole jurisdiction of the ordinary courts to declare the extinction of such concessions. disputes concerning the expiration or termination of ownership of the concession will be settled by them; and, in the case of expiration, the affected party may request from the judiciary the declaration of the subsistence of its right. the ownership of the holder over its mining concession is protected by the constitutional guarantee referred to in this number. the exploration, exploitation or development of deposits containing substances not susceptible to concession, may be implemented directly by the state or its enterprises, or by means of administrative concessions or special operation contracts of operation, with the requirements and under the conditions that the president of the republic determines, in each case, by a supreme decree. this rule also applies to deposits of any kinds existing in sea waters subject to national jurisdiction and those located, in whole or in part, in zones that, according to law, are of importance to national security. the president of the republic may, at any time, without express cause and with the compensation that is due, terminate the administrative concessions or contracts of operation in relation to the exploitation in zones declared of importance to national security. the rights of individuals over the waters, recognized or constituted in accordance with the law, will grant their holders the property over them; the freedom to create and disseminate the arts, as well as the right of the author over his intellectual and artistic creations of any kind, for the time stipulated by the law and that shall not be inferior to the life of the holder. the right of the author includes the property of the works and other rights, such as authorship, the edition and the integrity of the work, all in accordance with the law. the industrial property over invention patents, trademarks, models, technological processes or similar creations are guaranteed for as long as the law establishes. the property of the intellectual and artistic creations and the industrial property shall be governed by what is prescribed in the second, third, fourth and fifth paragraphs of the preceding number; and the assurance that the legal precepts which, by mandate of the constitutions, regulate or complement the constitutional guarantees therein or which should limit them in the cases authorized by the constitution, shall not affect the rights in their essence, nor impose conditions, taxes or requirements which may prevent their free exercise. article 20 he who should, due to arbitrary or illegal acts or omissions suffers deprivation, disruption or threat in the legitimate exercise of the rights and guaranties established in article 19, number 1, 2, 3 fifth paragraph, 4, 5, 6, 9 final paragraph, 11, 12 ,13, 15, 16 in what is relative to the freedom to work and the right to free choice and freedom to contract, and what is set out in the fourth paragraph, 19, 21, 22, 23, 24, 25 may personally, or through anyone on his behalf, resort to the respective court of appeals, which shall immediately take the measures it deems necessary to restore the rule of law and ensure the due protection of the affected party, notwithstanding the other rights that he may assert before the authority or the corresponding courts. likewise, the remedy of protection will also proceed in the case of number 8 of article 19, when the right to live in a pollution-free environment is affected by an unlawful act or omission attributable to a specific authority or person. article 21 every individual who should be found arrested, detained or imprisoned in violation of what is established in the constitution or the laws, may concur personally, or through anyone on his behalf, to the court established by the law, so that it orders that the legal formalities be complied with an that it immediately adopts the providences it deems necessary to restore the rule of law and ensure due protection of the affected party. this court may require the individual to be brought into its presence and its decree will be precisely obeyed by all of those responsible of prisons or detention centers. instructed of the facts, it will decree his immediate release or will repair the legal defects or will put the individual at the disposition of the competent judge, proceeding briefly and summarily, and correcting by itself such defects or reporting them to whom it corresponds to correct them. the same remedy, and in equal form, may be filed on behalf of any person who illegally suffers any deprivation, disruption or threat to his right to personal freedom and individual security. the respective court will dictate in those cases the measures outlined in the preceding paragraphs that it deems necessary to restore the rule of law and to ensure due protection of the affected party. article 22 every inhabitant of the republic owes respect to chile and its national emblems. chileans have the fundamental duty to honor the homeland, to defend its sovereignty and to contribute to preserve the national security and core values of the chilean tradition. military service and other personal charges that the law imposes are obligatory in the terms and forms established in it. chileans able to bear arms must be inscribed in the military registers, if they are not legally exempted. article 23 intermediate groups of the community and their leaders who misuse the autonomy that the constitutions recognizes to them, unduly intervening in activities unrelated to their specific objectives, shall be punished in accordance with law. superior directive positions of union organizations are incompatible with national and regional superior directive positions of political parties. the law shall establish the punishments that it will correspond to apply to union leaders who participate in partisan political activities and to the leaders of political parties that interfere in the functioning of union organizations and the other intermediate groups that the law indicates. chapter iv. government president of the republic article 24 the government and the administration of the state correspond to the president of the republic, who is the head of state. his authority extends to everything that concerns the preservation of public order in the interior and external security of the republic, in accordance with the constitution and the laws. the 1st of june of each year, the president of the republic shall report the administrative and political state of the nation to the country before the plenary congress. article 25 to be elected president of the republic it is required to have the chilean nationality in accordance with the provisions of the numbers 1 or 2 of article 10; to have at least 35 years of age and to possess the other necessary qualities to be a citizen with the right to vote. the president of the republic shall exercise his functions for a period of four years and may not be reelected for the next period. the president of the republic shall not leave the country for more than thirty days or counting from the day stated in the first paragraph of the following article, without approval of the senate. in any case, the president of the republic shall communicate to the senate his decision to leave the territory and the reasons or it, with due anticipation. article 26 the president of the republic will be elected by direct vote and by absolute majority of the votes validly cast. the election will be made in conjunction with that of the parliamentarians, in the manner determined by the respective constitutional organic law, the third sunday of november of the year preceding that in which that who is in office must cease. if more than two candidates present themselves to the election of the president of the republic and none of them obtain more than half of the votes validly cast, there shall be a second vote that shall be restricted to the candidates who obtained the two highest relative majorities and, in it, the candidate that obtains the highest number of votes will result elected. this new vote will be held, in the manner prescribed by law, on the fourth sunday following the first round. for the purposes of the provisions of the two preceding paragraphs, the blank and invalid votes shall be deemed not cast. in case of the death of one or both candidates to which the second paragraph refers, the president of the republic shall call a new election within ten days from the date of the death. the election shall be held ninety days after the call if that day corresponds to a sunday. if that is not the case, the election will be held on the immediately following sunday. if the mandate of the president of the republic in office expired before the date of assumption of the president elected in accordance with the preceding paragraph, the norm contained in the first paragraph of article 28 shall apply where appropriate. article 27 the qualification process of the presidential election shall be concluded within the next fifteen days in the case of the first vote or within thirty days in the case of the second vote. the election qualifying court shall immediately notify the proclamation of the elected president, which it has executed, to the president of the senate. the plenary congress, convened in public session the day in which the incumbent president must cease in office and with the members that assist, will take cognizance of the resolution under which the election qualifying court proclaims the elected president. at this same event, the elected president will take, before the president of the senate, oath or promise to faithfully execute the office of president of the republic, preserve the independence of the nation, observe and enforce the constitution and the law, and will immediately assume his functions. article 28 if the elected president is unable to take office, meanwhile, the president of the senate will assume with the title of vice president of the republic; in absence of him, the president of the house of representative, and in absence of him, the president of the supreme court. however, if the impediment of the elected president is absolute or should last indefinitely, the vice president, in the ten days following the agreement of the senate adopted in accordance with article 53 number 7, shall call a new presidential election to be held ninety days after the call if that day corresponds to a sunday. if that is not the case, the election will take place the immediately following sunday. the president of the republic, thus elected, will take office at the time prescribed by this law, and will remain in exercise until the day in which it would have corresponded to the elected who could not assume to cease in office and whose impediment gave rise to the new election. article 29 if because of a temporary impediment, either because of illness, absence from the country or another serious reason, the president of the republic found himself unable to perform his duties, he shall be replaced with the title of vice president of the republic, by the incumbent minister to whom it corresponds according to the order of legal precedence. in his absence, the replacement will correspond to the incumbent minister who follows in the order of precedence and, in the absence of all of them the replacement will correspond –successivelyto the president of the senate, the president of the house of representatives and the chief justice of the supreme court. in case of vacancy in the office of president of the republic, the substitution will be produced as in the cases of the preceding paragraph, and it will proceed to elect a successor in accordance with the rules of the following paragraphs. if the vacancy is produced with less than two years left for the next presidential election, the president shall be elected by the plenary congress by the absolute majority of the senators and representative in exercise. the election by the congress shall be made within ten days from the date of the vacancy and the elected will take office within the next thirty days. if the vacancy is produced with more than two years left for the next presidential election, the vice president, within the first ten days in office, will call the citizens for a presidential election to take place one-hundred and twenty days after the call, if that day corresponds to a sunday. if that is not the case, the election will take place the immediately following sunday. the elected president will take office the tenth day after his proclamation. the elected president in accordance with any of the foregoing paragraphs shall remain in office until he completes the term that remained to the person replaced and will not be able to run as a candidate for the next presidential election. article 30 the president shall cease to hold office the same day that he completes his term and will be succeeded by the newly elected. he who has held this office for the entire term, shall assume, immediately and of right, the official dignity of former president of the republic. in virtue of this quality, the provisions of the second, third and fourth paragraphs of article 61 and article 62 shall apply to him. [this dignity] will not be reached by the citizen who fills the position of president of the republic because of vacancy of the office or he who has been convicted in a political trial against him. the former president of the republic that assumes some remunerated function with public funds will cease, as long as he performs it, to perceive the allowance, maintaining, in any case, the privilege [fuero]. teaching jobs and functions or commissions of equal character of superior, secondary and special education are excluded. article 31 the president appointed by the plenary congress or, in its case, the vice president of the republic will have all the powers that this constitution gives to the president of the republic. article 32 the special powers of the president of the republic are: to concur in the making of statutes in accordance with the constitution, approved and promulgate them; request, indicating the reasons, that any of the houses of the national congress be called to session. in this case, the session must be held as soon as possible; to issue, with the previous delegation of powers from the congress, decrees with force of law on the matters that the constitution indicates; to convoke a plebiscite in the cases of article 128; to declare states of constitutional exception in the cases and forms prescribed in this constitution; to exercise the regulatory power in all of those matters that are not part of the legal domain, notwithstanding the power to issue the other regulations, decrees and instructions that he deems convenient for the implementation of the laws; to appoint and remove the ministers of state, undersecretaries, regional presidential delegates and provincial presidential delegates at his will; to appoint ambassadors and diplomatic ministers, and the representatives to international organizations. both of these officials as well as those outlined in number 7 above, will be of exclusive confidence of the president of the republic and will remain in office as long as they count with it; to appoint the comptroller general of the republic with agreement of the senate; to appoint and remove officials that the law considers as of his exclusive confidence and to fill the other civil positions in accordance with the law. the removal of the other officials will be made in accordance with the provisions established in it; to grant pensions, retirements, widows' pensions and grace pensions, with accordance with the laws; to appoint the justices and judicial prosecutors of the courts of appeals and the career judges, on the proposal of the supreme court and the courts of appeals, respectively; the members of the constitutional court that it corresponds to him to designate; and the justices and judicial prosecutors of the supreme court and the national prosecutor, on the proposal of the said court and with agreement of the senate, all as prescribed in this constitution; to ensure the ministerial conduct of the judges and other employees of the judiciary and, to that effect, request the supreme court so that, if it proceeds, it declares their misbehavior, or the public ministry, to claim disciplinary measures of the competent court, or, if there was sufficient evidence, file the corresponding charges; to grant particular pardons in the circumstances and manner specified by law. the pardon will be inadmissible as long as no final sentence has been pronounced in the respective process. officials accused by the house of representatives and condemned by the senate, may only be pardoned by the congress; to conduct political relations with foreign powers and international organizations, and conduct negotiations; conclude, sign and ratify the treaties that it deems appropriate to the interests of the country, which shall be submitted for congressional approval as prescribed in article 54 number 1. the discussions and deliberations on these matters shall be secret if the president of the republic so demands it; to appoint and remove the commanders in chief of the army, navy, and air force and the general director of the carabineros [police] in accordance with article 104, and to arrange the appointments, promotions and retirements of the officers of the armed forces and of the carabineros [police] as specified in article 105; to deploy the forces of air, sea and land, and to organize and distribute them in accordance with the needs of the national security; to assume, in case of war, the supreme leadership of the armed forces; to declare war, subject to previous authorization by the law, having to place in record the fact of having heard the national security council, and to take care of the collection of public revenue and to decree its expenditure in accordance with the law. the president of the republic, with the signature of all the ministers of state, may decree payments not authorized by law, to address needs that cannot be postponed arising from public calamities, foreign aggression, internal commotion, serious harm or danger to national security or the depletion of resources destined to maintain services that cannot be paralyzed without serious damage to the country. the total of the commitments made with these objectives shall not exceed a two per cent (2%) of the amount of expenditure authorized by the budget law. employees may be hired with charge to this same law, but the respective item cannot be increased or reduced through transfers. the ministers of state or officials that authorize or approve expenditures which contravene the provisions of this number, will be jointly and personally liable for their reimbursement, and guilty of the crime of embezzlement of public funds. ministers of state article 33 the ministers of state are the direct and immediate collaborators of the president of the republic in the government and administration of the state. the law shall determine the number and organization of the ministers, as well as the order of precedence of the incumbent ministers. the president of the republic may request one or more ministers the coordination of the work that corresponds to the secretaries of state and government relations with the national congress. article 34 to be appointed as minister it is required to be chilean, to have at least twenty one years of age and to meet the general requirements for admission into the public administration. in the cases of absence, impediment, or resignation of a minister, or when for other reason the vacancy of the office occurs, he will be replaced in the manner established by law. article 35 the regulations and decrees of the president of the republic shall be signed by the respective minster and will not be obeyed without this essential requirement. the decrees and instructions may be issued with the sole signature of the respective minister, by order of the president of the republic, in accordance with standards to be established by law. article 36 the ministers shall be individually responsible for the acts that they sign and jointly responsible for the ones that they subscribe or agree with the other ministers. article 37 the ministers may, when they consider it appropriate, attend to the sessions of the house of representatives or the senate, and take part in their debates, with preference to speak, but with no right to vote. during the voting they may, however, rectify the concepts voiced by any representative or senator as the basis of his vote. notwithstanding the foregoing, the ministers shall concur personally to the special sessions that the house of representatives or senate convene to inform themselves about matters that, belonging to the scope of powers of the corresponding secretaries of state, they agree to treat. article 37 bis the incompatibilities established in the first paragraph of article 58 will be applicable to the ministers. by the mere fact of accepting the appointment, the minister will cease to hold office, employment, function or commission incompatible with his duties. during their term, the ministers will be subject to the prohibition of celebrating or secure contracts with the state, act as lawyers or agents in any kind of trial or as a procurator or agent in particular actions of an administrative character, to be director if banks or of some stock company and to exercise positions of similar importance in these activities. general rules for the administration of the state article 38 a constitutional organic law shall determine the basic organization of the public administration, will guarantee the civil service career and the principles of technical and professional character in which it must be based, and will ensure equal opportunities of access to it as well as the training and improvement of its members. any person who is disrupted in his rights by the administration of the state, its organisms or municipalities, will be able to complain before the courts that the law establishes, notwithstanding the responsibility which could affect the functionary that caused the damage. article 38 bis the salaries of the president of the republic, of the senators and representatives, of the regional governors, of the officials of exclusive trust of the head of state indicated by numbers 7 and 10 of article 32 and of those hired on the basis of fees that directly advise the aforementioned governmental authorities will be appointed, every four years and at least eighteen months before the end of a presidential term, by a commission whose operation, organization, functions and powers will establish a constitutional organic law. the commission will be made up of the following people: a former minister of finance. a former director of the central bank. a former comptroller or deputy comptroller of the comptroller general of the republic. a former president of one of the branches of the national congress. a former national director of the civil service. its members will be appointed by the president of the republic with the agreement of two-thirds of the senators in office. the agreements of the commission will be public, will be based on technical data and must establish a remuneration that guarantees adequate remuneration for the responsibility of the position and the independence to fulfill functions and powers.  states of constitutional exception article 39 the exercise of the rights and guarantees that this constitution assures to all persons can only be affected under the following emergency situations: external or internal war, internal commotion, emergency and public calamity, when they seriously affect the normal development of the state institutions. article 40 the state of assembly, in case of an external war, and the state of siege, in case of an internal war or grave internal commotion, will be declared by the president of the republic, with the agreement of the national congress. the declaration shall determine the zones affected by the corresponding state of exception. the national congress, within five days from the date on which the president submitted the declaration of a state of assembly or siege to its consideration, shall pronounce itself accepting or rejecting the proposition, but may not introduce amendments to it. if the congress fails to pronounce itself within that period it shall be deemed that it approves the president’s proposition. however, the president of the republic may apply a state of assembly or of siege immediately while the congress decides on the statement, but in the latter state [he] may only restrict the exercise of the right of assembly. the measures taken by the president of the republic while the national congress does not meet, may be subject to revision by the courts of justice, with what is established in article 45 not being applicable. the declaration of a state of siege shall only be made for a period of fifteen days, notwithstanding that the president of the republic requests its extension. the state of assembly will remain in effect for as long as the situation of external war extends, unless the president of the republic provides its suspension before. article 41 the state of catastrophe, in case of public calamity, will be declared by the president of the republic, determining the affected zone. the president of the republic will be obliged to inform the national congress of the measures adopted in virtue of the state of catastrophe. the national congress may waive the declaration when one-hundred and eighty days have elapsed, if the reasons for it have ceased absolutely. however, the president of the republic may declare the state of catastrophe for a period superior to one year with the consent of the national congress. the said agreement shall be processed in the manner established in the second paragraph of article 40. once the state of catastrophe has been declared, the respective zones will be under the immediate control of the chief of national defense appointed by the president of the republic. he will assume the direction and supervision of his jurisdiction with the powers and duties established by law. article 42 the state of exception, in case of grave alteration of the public order or serious damage to the security of the nation, shall be declared by the president of the republic, determining the zones affected by such circumstances. the state of exception will not last more than fifteen days, notwithstanding that the president of the republic can renew it for the same period of time. however, for successive extensions, the president will always require the agreement of the national congress. the said agreement shall be processed in the manner prescribed in the second paragraph of article 40. once the state of exception is declared, the respective zones will be under the immediate control of the chief of the national defense appointed by the president of the republic. he will assume the direction and supervision of his jurisdiction with the powers and duties established by law. the president of the republic will be obliged to inform the national congress of the measures taken in virtue of the state of exception. article 43 by declaring a state of assembly, the president of the republic is empowered to suspend or restrict personal freedom, freedom of assembly and freedom to work. he will also be able to restrict the exercise of the right of association, intercept, open or register documents and all class of communications, provide for the confiscation of assets and establish limitations to the exercise of the right of property. by declaring a state of siege, the president of the republic may restrict freedom of movement and arrest people in their own dwellings or places determined by law and which are not prisons nor are they destined to the detention or imprisonment of common prisoners. he may also suspend or restrict the exercise of the right of assembly. by declaring a state of catastrophe, the president of the republic may restrict the freedoms of movement and assembly. he may, likewise, provide for confiscation of assets, establish limitations on the exercise of the right of property and adopt extraordinary measures of administrative character that are necessary for the speedy restoration of normalcy in the affected zone. by declaring a state of exception, the president of the republic may restrict the liberties of movement and assembly. article 44 a constitutional organic law shall regulate the states of exception, as their declaration and implementation of legal and administrative measures that it proceeds to adopt under them. that law shall contemplate what is strictly necessary for the prompt restoration of constitutional normality and will not affect the powers and the functioning of the constitutional bodies or the rights and immunities of their respective incumbents. the measures taken during the states of exception may not, under any circumstances, be extended beyond the period of those states. article 45 the courts of justice may not qualify the bases or the factual circumstances invoked by the authority to declare states of exception, notwithstanding what is established in article 39. however, with regards to particular measures that affect constitutional rights, there shall always the right to appeal before the judicial authorities through the appropriate remedies. confiscations that are made shall give rise to compensations in accordance with the law. compensation is due when limitations imposed to the property rights involving deprivation of any of their essential attributes or faculties and thereby caused harm. chapter v. national congress article 46 the national congress consists of two houses: the house of representatives and the senate. both concur to the formation of the statutes in accordance with this constitution and have the other powers that it establishes. composition and generation of the house of representatives and the senate article 47 the house of representatives is composed of members elected by direct vote by electoral districts. the respective constitutional organic law shall determine the number of representative, the electoral districts and the manner of their election. the house of representatives shall be totally renewed every four years. article 48 to be elected representative, it is required to be a citizen with the right to vote, to have at least twenty-one years of age, to have completed secondary education or an equivalent, and to be resident in the region to which the corresponding electoral district belongs for a period of no less than two years, counted backwards from the day of the election. article 49 the senate is composed of members elected by direct vote by senatorial districts, in consideration of the country’s regions, each of which constitutes, at least, one district. the respective constitutional organic law will determine the number of senators, the senatorial districts and the manner of their election. senators shall last eight years in office and will be renewed alternately every four years, in the manner determined by the respective constitutional organic law. article 50 to be elected senator, it is required to be a citizen with the right to vote, to have completed secondary education or an equivalent, and to have at least thirty-five years of age the day of the election. article 51 it will be understood that the representatives have, by the virtue of law, their residence in the corresponding region, while in performance of their duties. the elections of representatives and senators will be made jointly. representatives may be successively reelected in office for up to two terms; senators may be successively reelected in office for up to one term. for these purposes, it will be understood that both representatives and senators have held office for a period when they have completed more than half of their mandate. the vacancies of the representatives and senators will be filled with the citizen that the political party to which the parliamentarian who caused the vacancy belonged at the moment of being elected, appoints. parliamentarians elected as independents will not be replaced. parliamentarians elected as independents that have postulated themselves integrating a list together with one or more political parties, shall be replaced by the citizen that the political party that the respective parliamentarian indicates at the moment of presenting its candidature declaration, appoints. the replacement shall comply with the requirements to be elected representative or senator, as appropriate. however, a representative may be nominated to occupy the office of senator, in which case, the norms of the preceding paragraphs to fill the vacancy left by the representative, who when assuming his new office shall cease in the one that he was exercising, shall be applied. the new representative or senator will exercise his functions for the term remaining to the originator of the vacancy. in no case shall complementary elections proceed. exclusive powers of the house of representatives article 52 the exclusive powers of the house of representatives are: to supervise the acts of the government. to exercise this power the house may: adopt agreements or suggest observations, with the vote of the majority of the present representative, which will be transmitted in writing to the president of the republic, who shall give a founded answer through the corresponding minister of state, within thirty days. notwithstanding the foregoing, any representative, with the favorable vote of one-third of the present members of the house, may request certain records from the government. the president of the republic shall give a founded answer through the corresponding minister of state, within the same period prescribed in the preceding paragraph. in no case the agreements, observations or requests for records will affect the political responsibility of the ministers of state. summon a minister of state, at the request of at least one-third of the representative in exercise, in order to ask him questions regarding matters related to the exercise of his office. however, the same minister cannot be summoned for this purpose more than three times within a calendar year, without prior approval of the absolute majority of the representative in exercise. the attendance of the minister shall be compulsory and he shall have to respond to the questions and inquiries that motivate his summoning, and create special investigating commissions at the request of at least two-fifths of the representatives in exercise, with the object of gathering information relative to certain acts of the government. investigating commissions, at the petition of one-third of their members, may issue summons and request records. the ministers of state, other officials of the administration and the personnel of state enterprises or of those in which it has majority participation, that are summoned by this commissions, will be obliged to appear and to provide the records and information that is requested to them. however, the ministers of state cannot be summoned more than three times by the same investigating commission, without prior agreements of the absolute majority of its members. the constitutional organic law of the national congress shall regulate the functioning and powers of investigating commissions and the manner of protecting the rights of the persons summoned or mentioned in them. to declare if there is cause or not for the accusations made by no less than ten nor more than twenty of its members, formulated against the following persons: the president of the republic, for acts of his administration which have seriously affected the honor or security of the nation, or have openly violated the constitution or the laws. this accusation may be filed while the president is in office and in the six months following the expiration of his position. during this latter period he shall not leave the republic without agreement of the house; the ministers of state, for having seriously affected the honor and security of the nation, for violating the constitution or the laws or for not having executed them, and for the crimes of treason, extortion, embezzlement of public funds and bribery; the judges of the superior courts of justice and the comptroller general of the republic, for notorious dereliction of their duties; the generals or admirals of the institutions belonging to the forces of national defense, for having gravely affected the honor and security of the nation, and the regional presidential delegates, provincial presidential delegates, and the authority exercising the government in special territories to which article 126 bis refers, for breach of the constitution and for the crimes of treason, sedition, embezzlement of public funds and extortion. the accusation will be processed in conformity with the constitutional organic law relative to the congress. the accusations referred to in letters b), c), d) and e) may be interposed while the affected party is in office or in the three months following the expiration of his position. on interposing the accusation, the affected party shall not leave the country without the permission of the house and shall not do it any case if the accusation is already approved by it. to declare that there is cause for the accusation against the president of the republic or a regional governor, the vote of the majority of the representative in exercise will be needed. in the other cases the vote of the majority of the representatives present will be needed and the accused party shall be suspended from his duties as soon as the house declares that there is cause for the accusation. the suspension shall cease if the senate rejects the accusation or if it does not pronounce itself within the next thirty days. exclusive powers of the senate article 53 the exclusive powers of the senate are: to hear the accusations that the house of representatives brings in pursuant to the previous article. the senate shall act as jury and will be limited to state whether or not the accused is guilty or not of the crime, breach or abuse of power of which he is being accused. the declaration of guilt must be pronounced by two-thirds of the senators in exercise in the case of an accusation against the president of the republic or a regional governor, and by the majority of senators in exercise in the other cases. by the declaration of guilt the accused is removed from office, and may not hold any public function, whether or not of popular election, for the term of five years. the functionary declared guilty will be judged according to the laws by the competent court, both in regard to the application of the sanction prescribed for the crime, if any, as to make the civil responsibility for the damages caused to the state or particulars, effective; to decide whether or not there is cause for the admission of judicial actions that any person pretends to initiate against any minister of state, on the grounds of damages which he may have unjustly suffered by an act of the former in the performance of his office; to hear of disputes of jurisdictional competence that arises between political or administrative authorities and the superior courts of justice; to grant the rehabilitation of citizenship in the case of article 17, number 3 of this constitution; to provide or withhold its consent to the acts of the president of the republic, in the cases in which the constitution or the law require it. if the senate does not pronounce itself within thirty days after the request of urgency by the president of the republic, its consent will be understood as granted; to grant its agreement for the president of the republic to leave the country for more than thirty days or counting from the day established in the first paragraph of article 26; to declare the incapacity of the president of the republic or of the elected president when a physical or mental impediment disqualifies him from performing his functions; and to also declare, when the president of the republic resigns to his position, if the motives that originate it are or not founded and, in consequence, accept it or discard it. in both cases it shall previously hear the constitutional court; to approve, by a majority of its members in exercise, the declaration of the constitutional court to which the second part of number 10 of article 93 refers to; to approve, in a session specially convoked for that purpose and with the vote of two-thirds of the senators in exercise, the appointment of the justices and judicial prosecutors of the supreme court and of the national prosecutor, and to give its opinion to the president of the republic where he so requests it. the senate, its commissions and its other bodies, including the parliamentary committees if there were any, shall not supervise the acts of the government or of the entities that depend on it, nor can they adopt agreements that imply supervision. exclusive powers of the congress article 54 the powers of the congress are: to approve or reject the international treaties presented by the president of the republic prior to their ratification. the approval of a treaty will require, in each house, the quorum that corresponds, in accordance with article 66, and shall be submitted, as appropriate, to the formalities of a law. the president of the republic shall inform the congress about the content and scope of the treaty, as well as of the reservations that he pretends to confirm or formulate to it. the congress may suggest the formulation of reservations and interpretative declarations to an international treaty, during the process of its approval, as long as they proceed in conformity to what is established in the treaty itself or in the general rules of international law. the measures that the president of the republic adopts or the agreements that he celebrates to comply with a treaty in force will not require new congressional approval, unless they concern matters of law. the treaties celebrated by the president of the republic in exercise of his regulatory power will not require congressional approval. the provisions of a treaty may only be repealed, amended or suspended in the manner provided in the treaties themselves or in accordance with the general rules of international law. it corresponds to the president of the republic the exclusive power to denounce a treaty or withdraw from it, for which he shall ask for the opinion of both branches of the congress, in the case that the treaties have been approved by it. once the denunciation or withdrawal has produced its effects in conformity with the provisions of the international treaty, it shall cease to have effect in the chilean legal system. in the case of the denunciation or withdrawal from a treaty that was approved by congress, the president of the republic shall inform of that to it within fifteen days of effecting the denunciation or withdrawal. the withdrawal of a reservation that has been made by the president of the republic and that the national congress took into account at the time of approving a treaty, will require previous agreement of it, pursuant to the provisions of the respective constitutional organic law. the national congress shall pronounce itself within thirty days counted from the reception of the request in which the corresponding agreement is required. if it does not pronounce itself within this period, it shall be deemed to have approved the withdrawal of the reservation. in accordance with the provisions of the law, due publicity shall be given to the facts relating to the international treaty, such as its entry into force, the formulation and withdrawal of reservations, the interpretative declarations, objections to a reservation and its withdrawal, the denunciation of the treaty, withdrawal, suspension, termination and nullity of it. in the same agreement of approval of a treaty the congress may authorize the president of the republic so that, during the time the treaty is in force, he can dictate the provisions with force of law that he deems necessary for its full implementation, being in such case applicable the provisions of the second and following paragraphs of article 64, and to pronounce itself, when appropriate, in regard to the states of constitutional exception, in the manner prescribed by the second paragraph of article 40. operation of the congress article 55 the national congress will install itself and begin its period of sessions in the manner that its constitutional organic law determines. in any case, it will always be understood as convoked by right to take cognizance of the declaration of the states of constitutional exception. the constitutional organic law referred to in the first paragraph, will regulate the procedure of constitutional accusations, the qualification of urgency pursuant to what is state in article 74 and everything related to the internal processing of the law. article 56 the house of representatives and the senate cannot enter into sessions or adopt agreements without the concurrence of one-third of its members in exercise. each of the houses will establish in its own rules the closure of debate by simple majority. article 56 bis during the month of july of each year, the president of the senate and the president of the house of representatives shall give public account of the activities performed by the houses that they preside, to the country, in a plenary session of the congress. the regulation of each house shall determine the content of that account and shall regulate the manner of fulfilling this obligation. common norms for both representatives and senators article 57 the persons that cannot be candidates to be representatives or senators are: the ministers of state; the regional governors, regional presidential delegates, provincial presidential delegates, mayors, regional councilors, municipal councilors and undersecretaries; the members of the council of the central bank; the judges of the superior courts of justice and the career judges; the members of the constitution court, of the election qualifying court and of the regional electoral courts; the comptroller general of the republic; the persons that perform a directive position of a trade union or neighborhood nature; the natural persons and managers or administrators of legal persons that celebrate or secure contracts with the state; the national prosecutor, the regional prosecutors and adjunct prosecutors of the public ministry, and the commanders in chief of the army, navy and air force, the director general of the carabineros [police], the director general of the investigations police and the officers from the armed forces and the forces of public order and security. the ineligibilities set forth in this article shall be applicable to those that had the qualities or positions specified above within the immediately previous year of the election; except with respect to the persons mentioned in numbers 7) and 8), which shall not meet those conditions at the time of registering their candidacy and those indicated in number 9), for which the term of ineligibility will be of the two years immediately previous to the year of the election. if they weren’t elected in an election, they may not return to the same office nor be appointed to similar positions to those which they held up to a year after the election. article 58 the positions of representatives and senators are incompatible with one another and with any other employment or commission paid with funds from the treasury, municipalities, of autonomous fiscal entities, semi-fiscal or of the enterprises of the state or in which the treasury has intervention by contributions of capital, and with any other function or commission of the same nature. teaching jobs and functions or commissions of equal character of superior, secondary and special education are excluded. likewise, the positions of representatives and senators are incompatible with the duties of directors and advisers, even if they are ad honorem, in the autonomous fiscal entities, semi-fiscal or in state enterprises, or in which the state has participation by contributions of capital. by the mere fact of its proclamation by the election qualifying court, the representative or senator will cease in the incompatible position, job or commission that he holds. article 59 no representative or senator, from the moment of his proclamation by the election qualifying court can be appointed to a job, function or commission of those referred to in the previous article. this provision does not apply in case of external war; nor does it apply to the offices of president of the republic, minister of state and diplomatic agent; but only the offices conferred in a state of war are compatible with the functions of representative and senator. article 60 the representative or senator who absents himself form the country for more than thirty days without permission from the house to which he belongs or, in recess of it, of its president, will cease in his position. the representative or senator that during his term celebrates or secures contracts with the state, or acts as procurator or agent in private matters of an administrative nature in the provision of public jobs, councillorship, functions or commissions of a similar nature, will cease in his position. he who accepts to be director of a bank or of a public limited company, or to hold positions of similar importance in these activities, shall incur in the same sanction. the inability to which the preceding paragraph refers to will take place whether the representative or senator acts by himself or through another person, natural or legal, or through a society of persons of which he forms part. the representative or senator that acts as a lawyer or mandatory in any type of trial, that exercises any influence before the administrative or judicial authorities in favor or in representation of the employer or the workers in negotiations or labor disputes, whether they are from the public or private sector, or that intervenes in them before any of the parties, will cease in his position. the same sanction shall apply to the parliamentarian that acts or intervenes in student activities, regardless of the branch of education, in order of undermining its normal development. notwithstanding the provisions of paragraph seven of number 15 of article 19, the representative or senator that who orally or in writing incites public disorder or promotes the change of the institutional legal order by different means from those established in this constitution, or that seriously compromises the safety or the honor of the nation, will cease in his position. he who loses the office of representative or senator for any of the causes listed above will not be eligible for any public function or employment, whether or not of popular election, for a term of two years, except in the cases of paragraph seven of number 15 of article 19, in which the sanctions referred therein shall apply. the representative or senator that has gravely infringed the rules on transparency limits and control of electoral expenditure will cease in his position from the date that the election qualifying court declares it through final sentence, at the request of the directive council of the electoral service. a constitutional organic law shall specify the cases in which there is a serious breach. likewise, the representative or senator that loses his office will not be eligible for any public function or employment for a period of three years, nor will he be able to be candidate to popular election positions in the two elections after his cessation. the representative or senator that, during his term, loses any of the general eligibility requirements or incurs in any of the causes for inability to which article 57 refers, notwithstanding the exception contemplated in the second paragraph of article 59 regarding the ministers of state. the representatives and senators may resign to their positions when they are affected by a serious illness that prevents them from performing their duties and the constitutional court so qualifies it. article 61 the representatives and senators are only inviolable for the opinions that they express and the votes they cast in the performance of their duties, in house or commission sessions. no representative or senator, from the day of his election or from his oath, according to the case, may be accused or deprived of his liberty, except in the case of a flagrant crime, if the court of appeals of the respective jurisdiction, in plenary, has not previously authorized the accusation declaring that there is cause for legal proceedings. this decision may be appealed to the supreme court. in case of a representative or senator being arrested for a flagrant crime, he will be put immediately at the disposition of the respective court of appeals, with corresponding summary information. the court will then proceed, in accordance with the provisions of the preceding paragraph. from the moment that it is declared, through a final resolution, that there is cause for legal proceeding, the imputed representative or senator becomes suspended from his office and subject to the competent judge. article 62 the representatives and senators shall receive, as solo income, a fee equivalent to the remuneration of a minister of state. matters of statute article 63 the only matters of statute are: those that in virtue of the constitution must be object of constitutional organic laws; those that the constitution requires to be regulated by a law; those which are the object of codification, be it civil, commercial, procedural, criminal, or other; the basic matters relating to the labor, union, provisional and social security juridical regimes; those that regulate public honors to great servants; those that modify the form or characteristics of the national emblems; those that authorize the state, its organisms and the municipalities, to contract loans, which must be defined and finance specific projects. the law shall indicate the sources of resources from which the service of the debt should be made. however, a qualified quorum law will be needed to authorize the hiring of those loans the expiration date of which exceeds the duration of the term of the respective presidential term. what is established in this number will not apply to the central bank; those that authorize the celebration of any kind of operations that may compromise directly or indirectly the credit or financial responsibility of the state, its agencies and municipalities. this provision shall not apply to the central bank. those that establish the norms under which state enterprises and those in which it has participation may contract loans, which in no case may be celebrated with the state, its organisms or enterprises; those that lay down the norms on alienation of the assets of the state or of the municipalities and their lease and concession; those that establish or modify the political and administrative division of the country; those that indicate the value, type and denomination of the currency and the system of weights and measures; those that establish the forces of air, sea and land that have to stand in peacetime or war, and the norms that permit the entry of foreign troops into the territory of the republic, as, likewise, the deployment of national troops outside of it; the others which the constitution establishes as laws of exclusive initiative of the president of the republic; those that authorize the declaration of war, proposed by the president of the republic; those that grant general pardons and amnesties and those that lay down the general norms under which the power of the president of the republic to concede individual pardons and grace pensions must be exercised. the laws that grant general pardons and amnesties will always require a qualified quorum. however, this quorum will be of two-thirds of the representative and senators in exercise when concerning crimes established in article 9; those that indicate the city in which the president of the republic must reside, where the national congress must celebrate its sessions and where the supreme court and constitutional court must function; those that establish the bases for the procedures that govern the actions of the public administration; those that regulate the operation of lotteries, racetracks and gambling in general, and any other general and mandatory regulation that establishes the essential foundations of a legal system. article 64 the president of the republic may request authorization from the national congress to enact provisions with force of law for a period that does not exceed a year on matters falling within the domain of the law. this authorization may not extend to the nationality, citizenship, elections nor plebiscite, or to matters covered by constitutional guarantees or which are subject to constitutional organic statutes or qualified quorum laws. the authorization may not include powers affecting the organization, powers and regime of the officials of the judiciary, national congress, constitutional court or of the office of the comptroller general of the republic. the law that grants the referred authorization will indicate the precise matters over which the delegation will fall and may establish or determine the limitations, restrictions and formalities that are deemed convenient. notwithstanding the provisions of the preceding paragraphs, the president of the republic is authorized to establish the consolidated, coordinated, and systematized text of the laws when it is convenient for its best execution. in exercise of this power, he may introduce to it the formal changes that are indispensable, without altering, in any case, its true meaning and scope. the office of the comptroller general of the republic shall register these decrees with force of law, having to reject them when they exceed or contravene the referred authorization. the decrees with force of law will be subjected in what respects to their publication, force and effects, to the same norms that govern the law. formation of the statutes article 65 laws may originate in the house of representatives or in the senate, by message from the president of the republic or by motion of any of its members. the motions cannot be signed by more than ten representative or five senators. laws on taxes of any nature, on the budgets of the public administration, can only originate in the house of representatives. laws on amnesty and general pardons can only originate in the senate. the president of the republic has the exclusive initiative of the bills that relate to altering the political or administrative division of the country, or to the financial or budgetary administration of the state, including the modifications of the budget law, and the matters set out in numbers 10 and 13 of article 63. the president of the republic has the exclusive initiative to: lay, cancel, reduce, or remit taxes of any class or nature, establish exemptions or modify the existing ones, and determine their form, proportionality or progression; create new public services or rented jobs, whether fiscal, semi-fiscal, autonomous or of the enterprises of the state; suppress them and determine their functions and powers; contract loans or celebrate any other class of operations that may compromise the credit or financial liability of the state, of the semi-fiscal, autonomous, entities of the regional governments or of the municipalities, and cancel, reduce, or modify obligations, interests or other financial burdens of any nature established in favor of the treasury or of the bodies or entities referred to; set, modify, concede or increase remunerations, retirements, pensions, widows' and orphans' allowances, rents and any other class of emoluments, loans or benefits to the service or retired personnel and to the beneficiaries of widows' and orphans' allowances, of the public administration and other organisms and entities aforementioned, with the exception of the remuneration of the positions indicated in the first paragraph of article 38 bis, as well as to set the minimum wages for workers in the private sector, compulsory increase their wages and other economic benefits or alter the bases that serve to determine them; all of which are notwithstanding of what is established in the following number; establish the modalities and procedures of collective negotiation and determine the cases in which it is not possible to negotiate, and set or change the rules about social security or that have an impact on it, on both the public and the private sector. the national congress will only be able to accept, reduce or reject the services, jobs, emoluments, loans, benefits, expenses and the other initiatives on the matter that the president of the republic proposes. article 66 the statutory laws that interpret constitutional precepts will need, for their approval, amendment or repeal, three-fifths of the representatives and senators in exercise. the statutory laws to which the constitution confers the character of constitutional organic laws will require, for their approval, amendment or repeal, of the four sevenths of the representative and senators in exercise. the statutory laws of qualified quorum will be established, amended or repealed by the absolute majority of the representative and senators in exercise. the rest of the statutory laws require the majority of the present members of each house, or the majorities that are applicable in conformity to article 68 et seq. article 67 the budget law bill shall be presented by the president of the republic to the national congress, at least three months prior to the date in which it must start to take effect; and if the congress does not dispatch it within sixty days of its presentation, the bill presented by the president of the republic will be effective. the national congress may not increase nor decrease the estimation of the revenue; it can only reduce the expenses contained in the budget law bill, except those established by permanent law. the estimation of the returns of the resources stated in the budget law and of the new ones that are established by any other bill, will correspond exclusively to the president, having been previously informed by the respective technical organisms. the congress shall not be able to approve any new expenditure from the funds of the nation without indicating, at the same time, the sources of resources necessary to meet that expense. if the source of resources granted by congress were to be insufficient to fund any new expense that is approved, the president of the republic, at the time of promulgating the law, after a favorable report from the service or institution through which the new income is collected, endorsed by the office of the comptroller general of the republic, shall reduce all expenses proportionally, whatever their nature. article 68 the bill which is rejected in general in the house of origin cannot be renewed until after a year. however, the president of the republic, in case of a bill of his own initiative, may ask that the message be sent to the other house and, if the latter approves it in general by two-thirds of its present members, it will return to the house of origin and will only be considered rejected if this house rejects it by the vote of two-thirds of its present members. article 69 any bill may be subject to additions or corrections in its proceedings, both in the house of representatives as in the senate; but in no case the ones that do not have a direct relation with the central or fundamental ideas of the bill will be admitted. once a bill is approved in the house of origin, it will immediately pass to the other for its discussion. article 70 the bill which is rejected in its entirety by the reviewing house will be considered by a joint commission of equal numbers of representative and senators, which will propose the form and manner of resolving the difficulties. the bill of the joint commission will return to the house of origin and, to be approved in this as in the reviewing house, it will require the majority of the members present in each one of them. if the mixed commission does not reach an agreement, or if the house of origin rejects the bill of this commission, the president of the republic may require that that house pronounces itself on whether it insists by two-thirds of its members present in the bill approved in the first procedure. if the insistence is agreed, the bill will pass for the second time to the house that rejected it, and it will be understood that this one rejects it only if two-thirds of its present members concur in it. article 71 the bill that has been subjected to additions or amended by the reviewing house will return to the one of origin, and in this one it will be understood that the additions and amendments are approved with the vote of the majority of the present members. if the additions or amendments were rejected, a mixed commission will be formed and it will proceed in the same manner indicated in the preceding article. if the mixed commission does not reach an agreement to settle the differences between the houses, or if any of the houses reject the proposition of the mixed commission, the president of the republic may ask to the house of origin to consider again the bill approved in the second stage by the reviewing house. if the house of origin rejected the additions or amendments by two-thirds of its present members, there will be no law in that part or in its entirety; but, if there is a majority for rejection which is less than two-thirds, the bill shall pass to the reviewing house, and it will be understood to be approved by the vote of two-thirds of the members present in the latter. article 72 once a bill is approved by both houses it shall be forwarded to the president of the republic, who, if he approves it, will arrange its promulgation as a law. article 73 if the president of the republic disapproves the bill, he will return it to the house of origin with the appropriate observations, within a period of thirty days. in no case will the observations that have no direct relation with the main or fundamental ideas of the bill be admitted, unless they had been considered in the respective message. if both houses approve the observations, the bill will have force of law and will be returned to the president for its promulgation. if both houses reject all or some of the observations and insist by two-thirds of its present members on all or part of the bill approved by them, it will be returned to the president for its promulgation. article 74 the president of the republic may declare the urgency in the dispatch of a bill, in one or all of its stages of processing, and in which case, the respective house shall pronounce itself within a maximum period of thirty days. the determination of the urgency shall be made by the president of the republic in accordance with the constitutional organic law concerning the congress, which will also establish all that is related with the internal processing of the law. article 75 if the president of the republic does not return the bill within thirty days from the date of its transmittal, it shall be understood that he approves it and it will be promulgated as law. the promulgation shall be made always within the period of ten days, counted from the date on which it should proceed. the publication shall be made within the five working days from the date in which the promulgation decree is totally processed. chapter vi. judiciary article 76 the power to hear civil and criminal cases, to resolve them and to enforce judgments, is vested exclusively to the courts established by law. neither the president of the republic nor the congress may, in any case, exercise judicial functions, take over pending cases, review the grounds or contents of their decisions or revive closed cases. courts may not excuse themselves from exercising their authority if their intervention is requested in a legal manner and in connection with affairs of their jurisdiction, not even in the absence of a law to resolve the dispute or issue submitted to their decision. to enforce their resolutions, and to practice or have practiced the acts of instruction established by law, the ordinary and special courts of justice that make up the judiciary, may issue direct orders to the public force or exercise the conductive means of action of which they dispose. other courts will do so in the manner established by law. the requested authority shall comply without further delay the judicial mandate and will not qualify the grounds or opportunity, nor the justice or legality of the resolution that is trying to be executed. article 77 a constitutional organic law will determine the organization and powers of the courts that may be necessary for the prompt and complete administration of justice throughout the territory of the republic. the same law shall establish the qualities that the judges must respectively have and the number of years that the persons appointed as court justices or career judges must have practiced the profession of lawyer. the constitutional organic law on the organization and powers of the courts may be amended after hearing the supreme court, in accordance with the provisions of the respective constitutional organic law. the supreme court must deliver this opinion within thirty days from the reception of the official letter in which the relevant opinion is requested. however, if the president of the republic would have made present the urgency of the consulted bill, this fact shall be communicated to the court. in that case, the court must deliver its opinion within the period of time which the respective urgency specifies. if the supreme court does not deliver its opinion within the aforementioned deadlines, the procedure will be concluded. the constitutional organic law on the organization and powers of the courts, as well as the procedural laws that regulate a system of prosecution, may set different dates for their entry into force in various regions of the country. notwithstanding the foregoing, the period for entry into force of these laws across the country may not exceed four years. article 78 as for the appointment of judges, the law shall meet the following general precepts. the supreme court shall consist of twenty-one justices. justices and judicial prosecutors of the supreme court shall be appointed by the president of the republic -choosing from a list of five people that, in each case, will be proposed by the same courtwith the agreement of the senate. the latter will adopt the respective agreements by two-thirds of its members in office, at a session called for that purpose. if the senate does not approve the proposal of the president of the republic, the supreme court must complete the list proposing a new person in substitution of the rejected one, repeating the process until a proposal is approved. five of the members of the supreme court shall be lawyers that are strangers to the administration of justice, they must have had the law degree for at least fifteen years, must have excelled in professional or academic activity and must fulfill the other requirements that the respective constitutional organic law stipulates. the supreme court, in the case of filling a position that corresponds to a member that comes from the judiciary, will form the list exclusively with members of the latter, and the most senior justice of the court of appeals that appears in the merits list shall occupy a place in it. the other four places will be filled in reason to the merits of the candidates. in the case of filling a position corresponding to lawyers that are strangers to the administration of justice, the list will be formed exclusively, with a previous public contest of antecedents, with lawyers who meet the qualifications set out in paragraph four. the justices and judicial prosecutors of the courts of appeals shall be designated by the president of the republic, from a list of three candidates proposed by the supreme court. career judges shall be designated by the president of the republic, from a list of three candidates proposed by the court of appeals of the respective jurisdiction. the most senior career judge, in civil or criminal law, with a seat of court or the most senior career judge, in civil or criminal law, of the position which is immediately inferior to that which is to be filled and that figures in the merits list and expresses his interest in the position, will occupy a place in the corresponding three-candidate list. the other two places will be filled in accordance with the merits of the candidates. the supreme court and the courts of appeals, when appropriate, will form lists of five or three candidates in a plenum specially convened for that purpose, in a single vote, in which each of its members will have the right to vote for three or two people respectively. the ones that obtain the five or three first majorities, correspondingly, will result elected. a tie will be decided by drawing lots. however, in the case of the appointment of substitute court justices, the designation can be made by the supreme court and, in the case of judges, by the respective court of appeals. these designations may not last more than sixty days and will not be extendible. should the aforementioned superior courts not exercise this power, or in the case that the substitution period has expired, the filling of the vacant positions will be done in the ordinary manner indicated above. article 79 judges are personally liable for crimes of bribery, failure to observe substantial matters of the laws that govern the procedure, denial and distorted administration of justice and, generally, any prevarication incurred in the performance of their duties. in the case of members of the supreme court, the law shall determine the cases and how to enforce this liability. article 80 judges shall hold office during their good behavior; but the inferior judges will perform their respective judicature for the time determined by the law. nevertheless, the judges cease to hold office once they reach 75 years of age; or by resignation or legal supervening incapacity or in the case they are deposed from their positions by a legally sentenced cause. the norm regarding age does not apply in respect to the president of the supreme court, who will remain in office until the end of his term. in any case, the supreme court upon request of the president of the republic, at the request of an interested party, or ex officio, may declare that the judges have not had good behavior and, after a report of the accused and of the respective court of appeals, if necessary, may agree to their removal by the majority of the total of its components. these agreements shall be communicated to the president of the republic for their compliance. the supreme court, in plenum specially convened for that purpose, and by the absolute majority of its active members, may authorize or order, rightly, the transfer of judges and other officials and employees of the judiciary to another position of the same category. article 81 the magistrates of the superior courts of justice, the judicial prosecutors and the career judges that make up the judiciary, shall not be arrested whiteout an order of the competent court, except in the cases of a flagrant crime or a simple offense, and only to be put immediately under the disposition of the court that must hear the case in accordance with the law. article 82 the supreme court holds the directive, correctional and economic supervision of all courts of this nation. the constitutional court, the election qualifying court and regional electoral courts are excepted from this rule. the superior courts of justice, in exercise of their disciplinary powers, can only invalidate jurisdictional decisions in the cases and manner prescribed by the respective constitutional organic law. chapter vii. public ministry article 83 an autonomous, hierarchical body, named public ministry, will exclusively direct the investigation of facts that constitute a crime; those that determine the punishable participation and those that prove the innocence of the accused and, when appropriate, will exercise the public penal action in the manner provided by the law. likewise, it will adopt measures to protect victims and witnesses. in no event it shall exercise jurisdictional functions. the victim of a crime and other persons established by the law may also exercise the penal action. the public ministry may issue direct orders to the forces of order and security during the investigation. however, the actions that deprives the accused or third parties of the exercise of the rights that this constitution guarantees, or that restrict or perturb them, will require a prior judicial approval. the requested authority shall comply without further delay these orders and cannot qualify their grounds, opportunity, justice or legality, except in the case of requiring the exhibition of the prior judicial authorization, when it corresponds. the exercise of the public penal action, and the direction of the investigations of the events that constitute a crime, that determine the punishable participation and that prove the innocence of the accused in the cases that are known by military courts, as well as the adoption of measures to protect victims and witnesses of those events, will correspond, in accordance with the rules of the code of military justice and the respective laws, to the bodies and persons that that code and those laws establish. article 84 a constitutional organic law will set forth the organization and powers of the public ministry, will determine the qualifications and requirements that prosecutors must have and comply with in order to be appointed and the grounds for dismissal of the adjunct prosecutors, regarding what is not contemplated in the constitution. the persons that are designated as prosecutors shall not have any impediment that disables them from holding the office of judge. regional and adjunct prosecutors will cease in their position once they reach 75 years of age. the constitutional organic law will establish the degree of independence and autonomy and the responsibility that prosecutors will have in the direction of the investigation and in the exercise of the public penal action, in the cases in which they are in charge. article 85 the national prosecutor shall be appointed by the president of the republic, from a five-candidate list proposed by the supreme court and with the agreement of two-thirds of the members in office of the senate, in a session specially convened for that purpose. if the senate does not approve the proposal of the president of the republic, the supreme court will have to complete the five-candidate list by proposing a new person to replace the rejected, repeating the process until an appointment is approved. the national prosecutor must have held the degree of lawyer for at least ten years, must have become forty years of age and possess the other qualifications which are necessary to be a citizen with the right to vote; he will last eight years in the exercise of his functions and may not be designated for the following period. what is established in the second paragraph of article 80 with regard to age limit is applicable to the national prosecutor. article 86 there will be a regional prosecutor in each of the regions in which the country is administratively divided, unless the population or geographical extension of the region makes it necessary for more than one to be appointed. regional prosecutors shall be appointed by the national prosecutor, from a three-candidate list proposed by the court of appeals of the respective region. should the region have more than one court of appeals, the three-candidate list will be formed by a joint plenum of all of them, specially convened for this reason by the president of the oldest created court. regional prosecutors must have held the degree of lawyer for at least five years, must have become thirty years of age and posses the other qualifications which are necessary to be a citizen with the right to vote; they will last eight years in the exercise of their functions and may not be designated as regional prosecutors for the following period, which does not prevent them from being appointed in another position of the public ministry. article 87 the supreme court and the courts of appeals, in such case, will call for a public contest of antecedents for the integration of both five-candidate and three-candidate’s lists, which will be agreed upon by the absolute majority of their active members, in a plenum specially convened for that purpose. both five-candidates and three-candidate’s lists cannot be integrated by active or pensioned members of the judiciary. the fiveand three-candidate lists will be formed in a single vote in which each member of the plenum will have the right to vote for the three or two people, respectively. the ones obtaining the five or three first majorities, correspondingly, will be elected. if there is a tie, it will be resolved by drawing lots. article 88 there will be adjunct prosecutors who will be designated by the national prosecutor, from a three-candidate list proposed by the respective regional prosecutor, which shall be formed following a public contest, in accordance with the constitutional organic law. they must hold the lawyer degree and must possess the other qualifications which are necessary to be a citizen with the right to vote. article 89 the national prosecutor and regional prosecutors may only be removed by the supreme court, at the request of the president of the republic, the house of representative, or of ten of its members, for ineligibility, misconduct or gross negligence in the performance of their functions. the court will hear the case in plenum specially convened for this purpose and, for there to be agreement on the removal, there must be a confirming vote of the majority of its active members. the removal of regional prosecutors may also be requested by the national prosecutor. article 90 what is established in article 81 will be applicable to the national prosecutor, the regional prosecutors and the adjunct prosecutors. article 91 the national prosecutor shall hold the directive, correctional and economic supervision of the public ministry, in accordance with the respective constitutional organic law. chapter viii. constitutional court article 92 there will be a constitutional court composed by ten members, appointed as follows: three appointed by the president of the republic. four elected by the national congress. two shall be appointed directly by the senate and two shall be previously proposed by the house of representatives for approval or rejection by the senate. the designations, or the proposals, in their case, shall be made in single votes and will require for their approval of the favorable vote of two-thirds of the senators or active representative, as appropriate. three elected by the supreme court in a secret ballot that shall be celebrated in a session specially convened for that purpose. its members shall last nine years in office and shall be partially renewed every three years. they must have held the degree of lawyer for at least fifteen years, must have excelled in professional, academic or public activity, must not have any ineligibility that renders them unfit to hold the office of judge, will be subjected to the norms of articles 58, 59 and 81, and will not be able to exercise the profession of lawyer, including the judicature, or any other act of those established in the second and third paragraphs of article 60. the members of the constitutional court are irremovable and may not be re-elected, except in the case of the one that has been a replacement and has held the position for less than five years. they will cease to hold office once they turn 75 years old. if a member of the constitutional court leaves office, his replacement will proceed by the person to whom it corresponds, in agreement with the first paragraph of this article and for the time that remains to complete the replacement period. the court will function in plenum or divided into two houses. in the first case, the quorum for meetings shall be, at least, eight members and in the second case, at least, four. the court will adopt its agreements by simple majority, except where a different quorum is required, and shall judge according to law. the court in plenum will resolve definitely the attributions indicated in numbers 1, 3, 4, 5, 6, 7, 8, 9, 11 of the next article. to exercise its remaining powers, it may function in plenum or in houses according to what is prescribed by the respective constitutional organic law. a constitutional organic law shall determine its organization, functioning, procedures and will establish the staffing, the regime of remunerations and the employment statute of its personnel. article 93 the powers of the constitutional court are: to exercise the control of constitutionality of the laws that interpret any provision of the constitution, of the constitutional organic laws, and of the norms of a treaty which are related to matters belonging to the latter, prior their promulgation; to resolve matters of constitutionality of judicial self-regulations issued by the supreme court, the courts of appeal and the election qualifying court; to resolve questions of constitutionality that appear during the processing of bills or of constitutional amendment bills and of the treaties subject to congressional approval; to resolve questions that appear regarding the constitutionality of a decree with force of law; to resolve questions that appear regarding the constitutionality a call for a plebiscite, notwithstanding the powers that correspond to the election qualifying court; to resolve, by the majority of its active members, the inapplicability of a legal rule whose application -in any procedure to be followed before a regular or special courtprove contrary to the constitution; to resolve, by the majority of four-fifths of its active members, the unconstitutionality of a legal rule declared inapplicable in accordance with the provisions of the preceding paragraph; to resolve complaints in the case that the president of the republic does not promulgate a law when required to do so or enacts a different text than the one that corresponds constitutionally. to resolve on the constitutionality of a decree or resolution issued by the president of the republic that the office of the comptroller general of the republic has objected for deeming it unconstitutional, when it is required by the president in accordance with article 99; to declare the unconstitutionality of organizations and movements or political parties, as well as the responsibility of persons who have been involved in the events that led to the declaration of unconstitutionality, in accordance with the provisions of the sixth, seventh and eighth paragraphs of number 15 article 19 of this constitution. however, if the person affected was to be the president of the republic or the elected president, the aforementioned declaration will also require the agreement of the senate adopted by the majority of its active members; to inform the senate in the cases that are referred to in article 53 number 7 of this constitution; to resolve the jurisdictional disputes that arise between the political or administrative authorities and the courts of justice, which do not correspond to the senate; to resolve on the constitutional or legal inabilities that affect a person to be appointed minister of state, remain in the said position or perform other functions simultaneously; to decide on the inabilities, incompatibilities and grounds for removal from office of parliamentarians. to qualify the inability invoked by a congressman in the terms of the final paragraph of article 60 and pronounce itself on the renunciation to the position, and to decide on the constitutionality of supreme decrees, regardless of the alleged defect, including those that may be issued in the exercise of the autonomous regulatory power of the president of the republic when they refer to matters that may be reserved to the law by mandate of article 63. in the case of number 1, the house of origin will send the respective bill to the constitutional court within five days from the moment on which it is fully processed by congress. in the case of number 2, the court may hear the matter at the request of the president of the republic, of either of the houses or of ten of their members. also, any person who is a part of a trial or pending process before an ordinary or special court may request the court to hear the matter, when he is affected in the exercise of his fundamental rights as provided in the respective judicial self-regulations. in the case of number 3, the court will only hear the matter at the request of the president of the republic, of any of the houses or of one-fourth of their active members, provided it is made before the enactment of the law or the referral of the communication that informs the approval of the treaty by the national congress and, in any case, after the fifth day of the dispatched of the bill or of the specified communication. the court shall decide within ten days from receiving the request, unless it decides to extend it for up to ten days for serious and justified reasons. the request shall not suspend the processing of the bill; but the challenged part of it will not be promulgated until the expiration of the said period, unless it concerns the budget law bill or the bill relative to the declaration of war proposed by the president of the republic. in the case of number 4, the matter may be raised by the president within ten days when the office of the comptroller general rejects as unconstitutional a decree with force of law. it can also be referred by any of the houses or by one-fourth of its members in office in the case that the office of the comptroller general should have taken register of a decree with force of law that has been rejected as unconstitutional. this request must be made within thirty days, from the date of publication of the respective decree with force of law. in the case of number 5, the issue may be raised at the requirement of the senate or of the house of representative, within ten days counted from the date of the publication of the decree that sets the day of the plebiscite. the court shall establish in its ruling the final text of the plebiscite, when it is due. if at the time of ruling there were less than thirty days left for the plebiscite to take place, the court shall fix in it a new date contemplated to be between thirty and sixty days after the ruling. in the case of number 6 the matter may be raised by either party or by the judge hearing the case. any of the houses of the court may declare, without appeal, the admissibility of the matter as long as the existence of a pending process before the ordinary or special court is verified, that the application of the challenged legal provision can be decisive in solving the matter, that the challenge is reasonably founded and that the other requirements set forth by the law are met. the suspension of the procedure that originated the action of inapplicability for unconstitutionality will be responsibility of this same house. in the case of number 7, once the declaration of inapplicability of a legal provision has been declared on a previous ruling, in accordance with number 6 of this article, there shall be public action to request the court the declaration of unconstitutionality, notwithstanding the power of the court to declare it ex officio. the respective constitutional organic law shall set forth the admissibility requirements, in the event that the public action is exercised, and shall regulate the procedure that will have to be followed to act ex officio. in the cases of number 8, the issue may be raised by any of the houses or by one-fourth of their active members, within thirty days following the publication of the contested text or within sixty days following the date in which the president of the republic should have promulgated the law. if the court accepts the claim, it will promulgate in its ruling the law which has not been enacted or will rectify the incorrect promulgation. in the case of number 11, the court shall only hear the matter at the request of the senate. there will be public action to request the court regarding the powers that are conferred to it by numbers 10 and 13 of this article. however, if in the case of number 10 the affected person was the president of the republic or the elected president, the request shall be formulated by the house of representatives or by one-fourth of its active members. in the case of number 12, the request shall be raised by any of the authorities or courts in conflict. in the case of number 14, the court shall only hear the matter at the request of the president of the republic or of no fewer than 10 active members of the congress. in the case of number 16, the court may only hear the matter at the request of any of the houses made within thirty days following the publication or notification of the contested text. in the case of defects that are not related to decrees that exceed the autonomous regulatory power of the president of the republic, these will also require one-quarter of the active members to bring this request. the constitutional court may appreciate the facts in conscience when it takes cognizance of the powers indicated in numbers 10, 11 and 13, as, also, when hearing the grounds for removal from office of a member of congress. in the cases of number 10, 13 and in the case of number 2 when it is required by one party, it shall correspond to a house of the court to rule -without appealits admissibility. article 94 no remedy whatsoever shall apply against the decisions of the constitutional court. nevertheless, the same court, in accordance with law, may correct the de facto errors which may have been made. the provisions that the court declares unconstitutional may not become law in the bill or decree with force of law in regard. in the case of number 16 of article 93, the challenged supreme decree shall be void as of right of law, on the sole merit of the ruling of the court which deals with the claim. however, the provision declared unconstitutional in accordance with the provisions of paragraphs 2, 4 or 7 of article 93, will be understood repealed from the moment of the publication in the official gazette of the ruling that accepts the complaint, which will not have retroactive effect. the rulings that declare the unconstitutionality of all or part of a law, a decree with force of law, a supreme decree or a judicial self-regulation, when due, shall be published in the official gazette within three days of their pronouncement. chapter ix. electoral service and electoral justice article 94 bis an autonomous body with legal personality and patrimony of its own, called electoral service will exercise the administration, supervision and control of electoral processes and plebiscites; of the compliance with rules on transparency, limit and control of electoral spending; of the norms on political parties, and the other functions that a constitutional organic law establishes. the senior management of the electoral service will correspond to a directive council, which shall exclusively exercise the powers conferred to it by the constitutions and the laws. this council will be composed of five counselors appointed by the president of the republic, with the agreement of the senate, adopted by two-thirds of its active members. the counselors will serve ten years in office, may not be appointed for another term and will be partially renewed every two years. the counselors may only be removed by the supreme court, at the request of the president of the republic or one-third of the active members of the house of representative, on the grounds of a serious violation of the constitution or the laws, inability, misconduct or gross negligence in the exercise of their functions. the court will hear the case in plenum, specially convened for that purpose, and for there to be agreement on the removal there will have to be an affirmative vote of the majority of its active members. the organization and powers of the electoral service shall be established by a constitutional organic law. it’s organization, staffing, regime of remunerations and employment statute of its personnel will be established by a law. article 95 a special court, called election qualifying court, will take cognizance of the general scrutiny and of the certification of the elections of president of the republic, of representatives and senators; will resolve the claims which rise from them and will proclaim those who result elected. the court will also take cognizance, equally, of the plebiscites, and will have the other powers prescribed by the law. it shall be composed of five members appointed as follows: four justices of the supreme court, appointed by it, by lottery, in the manner and time that the respective constitutional organic law determines, and a citizen who has held the position of president or vice-president of the house of representatives or of the senate by a period on not less than 365 days, appointed by the supreme court in the manner described in letter a) above, from all of those who possess the qualities mentioned. the appointments that letter b) refers to may not fall on persons that are parliamentarians, candidates to positions of popular election, ministers of state, or leaders of political parties. the members of this court will serve four years in office and the provisions of articles 58 and 59 of this constitution shall be applicable to them. the election qualifying court will proceed as a jury in the assessment of the facts and will sentence according to law. a constitutional organic law will regulate the organization and functioning of the election qualifying court. article 96 there will be regional electoral courts in charge of taking cognizance of the general scrutiny and the certification of the elections that the law entrusts to them, will resolve the claims which rise from them and will proclaim those who result elected. their decisions are appealable to the election qualifying court in the manner prescribed by law. also, the cognizance of the certification of elections of a guild character and of those that take place in those intermediate groups indicated by law will correspond to them. these courts shall be composed by a justice of the respective court of appeals, elected by it, and by two members designated by the election qualifying court from all of those people that have exercised the profession of lawyer or who have played the role of justice or lawyer member of the court of appeals for a term of no less than three years. members of these courts will serve four years in office and will have the ineligibilities and incompatibilities established by law. these courts will proceed as juries in the assessment of the facts and will sentence according to law. the law shall determine the other powers of these courts and will regulate their organization and functioning. article 97 annually, the funds needed for the organization and functioning of these courts, whose staffing, regime of remunerations and employment statute of the personnel shall be established by law, will be assigned in the budget law. chapter x. office of the comptroller general of the republic article 98 an autonomous body with the name of office of the comptroller general of the republic shall exercise control over the legality of the accts of the administration, will oversee the income and investment of funds from the treasury, municipalities and other organisms and services that the laws determine; will review and judge the accounts of people who have been entrusted with goods from those entities; will be in charge of the general accounting of the nation; and will perform the other functions that are assigned to it by the respective constitutional organic law. the comptroller general of the republic must have held a law degree for at least ten years; must have reached forty years of age and must possess the other qualities necessary to be a citizen with the right to vote. he will be designated by the president of the republic with the agreement of the senate adopted by three-fifths of its active members, for a period of eight years and he may not be designated for the next period. however, upon reaching 75 years of age he shall cease in office. article 99 in the exercise of the function of control of legality, the comptroller general will approve all decrees and resolutions that, in accordance with the law, must be processed by the office of the comptroller general of the republic or will object to the illegality which they may display; but he will have to process them when, despite his objection, the president of the republic insists with the signature of all of his ministers, in which case he shall send a copy of the respective decrees to the house of representatives. in no event will he process the decrees of expenditure that exceed the limit specified in the constitution and he will submit a complete copy of the record to the same house. it shall also correspond to the comptroller general of the republic the register of the decrees with force of law, having to object them when they exceed or contravene the delegation law or are contrary to the constitution. if the objection has place with respect to a decree with force of law, a decree that promulgates a law or a constitutional amendment for departing from the approved text, or a decree or resolution for being contrary to the constitution, the president of the republic will not have the power to insist, and in the case that he is not satisfied with the objection of the office of the comptroller general of the republic, he will have to forward the records to the constitutional court within ten days, so that this court resolves the dispute. as for the rest, the organization, functioning and powers of the office of the comptroller general of the republic will be the subject of a constitutional organic law. article 100 the state treasuries will not be able to make any payment except by virtue of a decree or resolution issued by competent authority, in which the law or the part of the budget that authorizes that expenditure is expressed. payments will be made considering, in addition, the chronological order established in it and the previous budgetary countersignature of the document ordering the payment. chapter xi. armed forces, forces of order and forces of public safety article 101 the armed forces, dependent of the ministry in charge of national defense, are constituted uniquely and exclusively by the army, the navy and the air force. they exist or the defense of the country and are essential to national security. forces of order and public security are integrated solely by carabineros [police] and investigaciones. they compose the public force and exist to enforce the law, guarantee public order and internal public security, in the manner determined by their respective constitutional organic laws. they are dependent of the ministry in charge of public security. the armed forces and carabineros, as armed forces, are essentially obedient and not deliberative. the dependent forces of the ministries in charge of national defense and public security are, additionally, professional hierarchical and disciplined. article 102 the incorporation into the staff and personnel of the armed forces and carabineros can only be done through its own academies, with the exception of professional ranks and of civilian employees determined by law. article 103 no person, group or organization may possess or have arms or other similar elements indicated by a law approved by a qualified quorum, without due authorization granted in conformity with it. a law determines the ministry or its dependent bodies that will exercise the supervision and control if arms. equally, it shall also establish the public bodies in charge of monitoring the compliance of the provisions relative to the said control. article 104 the commanders in chief of the army, of the navy and of the air force, and the general director of carabineros will be designated by the president of the republic from among the five general officers with most seniority, that possess the qualities that the respective institutional statutes require for those positions; they will last for four years in office, will not be able to be designated for a new period and will enjoy tenure in office. the president of the republic, by way of a substantiated decree and after informing the house of representatives and the senate, may call for the retirement of the commanders in chief of the army, the navy and the air force and the general director of carabineros, in its case, before the completion of their respective periods. article 105 the designations, promotions and retirements of the officers of the armed forces and carabineros, will be made by supreme decree, in accordance with the respective constitutional organic law, which shall determine the respective basic norms, as well as the basic norms related to the professional career, incorporation to its ranks, security, seniority, command, command succession and budget of the armed forces and carabineros. the incorporation, designation, promotions and retirements in investigaciones shall be performed in accordance with its organic law. chapter xii. national security council article 106 there shall be a national security council in charge of advising the president of the republic on matters related to national security and to exercise the other functions that this constitution entrusts it with. it will be chaired by the head of state and will be composed of the presidents of the senate, of the house of representatives and the supreme court chief justice, by the general director of carabineros and by the comptroller general of the republic. in the cases that the president of the republic determines, ministers in charge of interior government, of national defense, of public safety, of foreign affairs and of economy and finances of the country may be present at its meetings. article 107 the national security council will meet when convened by the president of the republic and will require a quorum for meeting of the absolute majority of its members. the council will not adopt resolutions but for the issuing of the regulations to which the final paragraph of this provision refers to. in its sessions, any of its members may express their opinion on any fact, act or matter that has any relation with the bases of the institutionality or national security. the proceedings of the council shall be public, unless a majority of its members determines otherwise. a regulation issued by the council itself will establish the other provisions concerning its organization, functioning and publicity of its debates. chapter xiii. central bank article 108 there shall be an autonomous body, with its own patrimony, of a technical nature, called central bank, whose composition, organization, functions and powers will be determined by a constitutional organic law. article 109 the central bank may only perform transactions with financial institutions, whether they are public or private. in no way may it grant to them its guarantee, nor acquire documents issued by the state, its organisms or companies. notwithstanding the foregoing, in exceptional and transitory situations, in which the preservation of the normal functioning of internal and external payments requires it, the central bank may buy during a determined period and sell, in the open secondary market, instruments of debt issued by the treasury, in accordance with the provisions of its constitutional organic law. no public expenditure or loan shall be financed with direct or indirect credits of the central bank. however, in case of foreign war or threat of it, which will be qualified by the national security council, the central bank may obtain, grant or finance credits to the state and public or private entities. the central bank will not be able to adopt any agreement which means, in a direct or indirect way, the establishment of different or discriminatory norms or requirements in relation to persons, institutions or entities that undertake operations of the same nature. chapter xiv. government and interior state administration article 110 for the government and internal administration of the state, the territory of the republic is divided into regions and these into provinces. for the purposes of the local administration, the provinces will be divided into municipalities. the creation, suppression and denomination of regions, provinces and municipalities; the modification of their limits, and the establishment of the capitals of the regions and provinces, shall be subject of constitutional organic law. government and regional administration article 111 the superior administration of each region resides in a regional government, which will have as its objective the social, cultural and economic development of the region. the regional government will be made up of a regional governor and the regional council. for the exercise of its functions, the regional government will enjoy legal personality under public law and will have its own assets. the regional governor will be the executive body of the regional government, corresponding to it to preside over the council and exercise the functions and attributions that the constitutional organic law determines, in coordination with the other public bodies and services created for the fulfillment of the administrative function. likewise, it will be responsible for the coordination, supervision or inspection of the public services that depend on or are related to the regional government. the regional governor will be elected by universal suffrage by direct vote. the candidate for regional governor who obtains the majority of the validly cast votes will be elected and provided that said majority is equivalent to at least forty percent of the validly cast votes, in accordance with what the respective constitutional organic law provides. he will remain in the exercise of his functions for a term of four years, being able to be re-elected consecutively only for the following period. if more than two candidates are presented at the election of the regional governor and none of them obtains at least forty percent of the validly cast votes, a second vote will be taken, which will be limited to the candidates who have obtained the two highest relative majorities. and the candidate who obtains the greatest number of votes will be elected. this new vote will be verified in the manner determined by law. for the purposes of the provisions of the two preceding paragraphs, blank and null votes will be considered as not cast. the respective constitutional organic law will establish the causes of inability, incompatibility, subrogation, cessation and vacancy of the position of regional governor, without prejudice to the provisions of articles 124 and 125. article 112 repealed. article 113 the regional council shall be an organ of normative, operative and supervisory nature, within the own sphere of competence of the regional government, responsible of making effective regional citizen participation and of exercising the powers that the constitutional organic law entrusts it with. the regional council will be composed by councilors elected by universal suffrage in direct voting, in accordance with the respective constitutional organic law. they will last for four years in their positions and may be successively re-elected to the position for up to two terms. the same law will establish the organization of the regional council; will determine the number of councilors that will compose it and the way that they are replaced, always ensuring that both the population and the territory of the region are equitably represented. the regional council may supervise the acts of the regional government. to exercise this power, the regional council, with the assent of one-third of the regional councilors present, may adopt agreements or suggest observations that will be transmitted in writing to the regional governor, who must give a well-founded response within thirty days. the other supervisory powers of the regional council and their exercise will be determined by the respective constitutional organic law. notwithstanding the foregoing, any regional councilor may request from the regional governor or delegate regional presidential delegate the necessary information for this purpose, who must answer in a justified manner within the period indicated in the third paragraph. the regional councilor that during his term loses any of the eligibility requirements or incurs in any of the disqualifications, incompatibilities, disabilities or other grounds for cessation set in the constitutional organic law, shall cease in his position. what has been established in the preceding paragraphs in regards to the regional council and the regional councilors shall apply, as appropriate, to the special territories to which article 126 bis refers. the constitutional organic law shall determine the functions and attributions of the president of the regional council. the regional council shall approve the budget bill of the respective region considering, for this purpose, the resources allocated to it in the budget law, its own resources and those that come from the programming agreements. the senators and deputes representing the circumscriptions and districts of the region may, at their discretion, attend meetings of the regional council and take part in the proceedings without the right to vote. article 114 the respective constitutional organic law shall determine the form and manner in which the president of the republic will transfer to one or more regional governments, temporarily or permanently, one or more powers of the ministries and public services created to perform the administrative function, in matters of territorial order, development of productive activities and social and cultural development. article 115 for the government and internal administration of the state referred to in this chapter the basic principle that shall be observed is the search for a harmonious and equitable territorial development. the laws that are enacted to this effect shall ensure compliance and implementation of this principle, also incorporating elements of solidarity between regions, as within them, with regard to the distribution of public resources. notwithstanding the resources that for its operation are allocated to regional governments in the budget law of the nation and those stemming from what is established in number 20 article 19, the law will contemplate a proportion of the total of the public investment costs that it determines, with the name of national fund of regional development. the budget law of the nation shall also contemplate expenditures that correspond to sectorial investment of regional allocation which distribution between regions will respond to criteria of equity and efficiency, taking into account the corresponding national investment programs. the allocation of such expenses at the interior of each region will correspond to the regional government. on the initiative of regional governments or one or more ministries, annual or multi-year agreements of public investment programming can be celebrated between regional governments and municipalities, of which the compliance will be mandatory. the respective constitutional organic law will establish the general norms that will regulate the signing, implementation, and enforcement of these agreements. the law may authorize regional governments and public enterprises to associate with natural or legal persons to promote nonprofit activities and initiatives that contribute to regional development. the entities that, for this purpose, are constituted will be governed by the common norms applicable to individuals. what is established in the preceding paragraph shall be understood notwithstanding what is established in number 21 of article 19. article 115 bis in each region there will be a regional presidential delegation, headed by a regional presidential delegate, who will exercise the functions and powers of the president of the republic in the region, in accordance with the law. the regional presidential delegate will be the natural and immediate representative, in the territory of his jurisdiction, of the president of the republic and will be freely appointed and removed by him. the regional presidential delegate shall exercise his functions in accordance with the laws and under the orders and instructions of the president of the republic. the regional presidential delegate will be responsible for the coordination, supervision or control of the public services created by law for the fulfillment of the administrative functions that operate in the region that depend on or are related to the president of the republic through a ministry. government and provincial administration article 116 in each province there will be a provincial presidential delegation, which will be a territorially decentralized body of the regional presidential delegate, and will be in charge of a provincial presidential delegate, who will be freely appointed and removed by the president of the republic. in the provincial seat of the regional capital, the regional presidential delegate shall exercise the functions and powers of the provincial presidential delegate. it is up to the provincial presidential delegate to exercise, according to instructions of the regional presidential delegate, the supervision of the public services that exist in the province. the law shall determine the powers that the regional presidential delegate may delegate to him and the others that correspond to him. article 117 the provincial presidential delegates, in the cases and manner prescribed by law, may appoint persons responsible for the exercise of their powers in one or more locations. municipal administration article 118 the local administration of each commune or group of communes established by the law resides in a municipality, which shall be composed of the mayor, who is its highest authority, and the council. mayors will be elected by universal suffrage in accordance with the organic constitutional law of municipalities, will last four years in their positions and may be successively re-elected in office for up to two terms. the respective constitutional organic law will establish the terms and forms that the participation of the local community shall assume in the municipal activities. the mayors, in the circumstances and manner determined by the respective constitutional organic law, shall be able to appoint delegates for the exercise of their faculties in one or more localities. municipalities are autonomous corporations of public law, with legal personality and own patrimony, whose purpose is to satisfy the needs of the local community and assure their participation in the economic, social and cultural progress of the commune. a constitutional organic law shall determine the functions and powers of municipalities. the said law will also point out the subjects of municipal competence that the mayor, with the agreement of the council or at the request of two-thirds of the councilors in exercise, or of the proportion of citizens established by law, will subject to non-binding consultation or to a plebiscite, as well as the opportunities, form of the convocation and the effects. municipalities may associate with each other in accordance with the respective constitutional law, such associations may have legal personality of private law. likewise, they may constitute or integrate nonprofit corporations or foundations of private law whose purpose shall be the promotion and dissemination of art, culture and sport, or the promotion of communal and productive development works. municipal participation in them will be governed by the cited constitutional organic law. municipalities may establish in the field of communes or group of communes, in conformity with the respective constitutional organic law, territories called neighborhood units, in order to tend towards a balanced development and proper channeling of citizen participation. public services should be coordinated with the municipality when they develop their work in the respective communal territory, in accordance with the law. the law shall determine the form and manner in which ministries, public services and regional governments may transfer competencies to municipalities, as also the temporary or definitive character of the transfer. article 119 in each municipality there will be a council composed of councilors elected by universal suffrage in accordance with the constitutional organic law of municipalities. they will last four years in their positions and may be successively re-elected in office for up to two terms. the same law shall determine the number of councilors and the manner of electing the mayor. the council shall be a body in charge of ensuring participation of the local community; it will exert normative, decision-making and supervisory functions and other duties that may be required from it, in the manner determined by the respective constitutional organic law. the organic law of municipalities shall determine the norms on the organization and functioning of the council in the areas in which the consultation of the mayor to the council will be mandatory and those in which the agreement of it will necessarily be required. in any case, the agreement will be necessary for the approval of the communal development plan, the municipal budget and the respective investment bills. article 120 the respective constitutional organic law shall regulate the transitional administration of the communes that are created, the installation procedure of the new municipalities, transfer of municipal staff and services and the necessary safeguards to protect the use and disposition of the assets that are located in the territories of the new communes. also, the constitutional organic law of municipalities shall establish the procedures to be applied in case of suppression or merger of one or more communes. article 121 the municipalities, for the fulfillment of their duties, may create or eliminate jobs and set wages, as well as establish the bodies or units that the respective constitutional organic law allows. these powers shall be exercised within the limits and requirements that, by the exclusive initiative of the president of the republic, the constitutional organic law of municipalities determines. article 122 the municipalities shall enjoy autonomy in managing their finances. the budget law of the nation may assign them resources to meet their expenses, notwithstanding the income that they are directly conferred by law or are awarded by the respective regional governments. a constitutional organic law shall provide a mechanism for solidary redistribution of income between municipalities of the country under the name of common municipal fund. distribution rules of this fund will be a matter of law. general provisions article 123 the law shall establish coordination formulas for the administration of all or some of the municipalities, with regard to the problems common to them, and between municipalities and other public services. notwithstanding the provisions of the preceding paragraph, the respective constitutional organic law will regulate the management of the metropolitan areas, and will establish the conditions and formalities that allow vesting such quality to certain territories. article 124 to be elected regional governor, regional councilor, mayor or councilor and to be appointed regional presidential delegate or provincial presidential delegate, it will be necessary to be a citizen with the right to vote, have the other suitability requirements that the law indicates, where appropriate, and reside in the region at least for the last two years prior to their appointment or election. the positions of regional governor, regional councilor, mayor, councilor, regional presidential delegate and provincial presidential delegate will be incompatible with each other. the position of regional governor is incompatible with any other job or commission paid with funds from the treasury, municipalities, autonomous fiscal entities, semi-fiscal entities or state companies or those in which the treasury has participates by capital contributions, and with any other function or commission of the same nature. teaching jobs and functions or commissions of the same nature in higher, secondary and special education are excepted, within the limits established by law. likewise, the position of regional governor is incompatible with the functions of directors or counselors, even when they are ad honorem, in autonomous fiscal entities, semi-fiscal entities or in state-owned companies, or in those in which the state has participation by contribution of capital. by the sole fact of its proclamation by the election qualifying court, the elected regional governor will cease in any other position, employment or commission that he performs. no regional governor, from the moment of his proclamation by the election qualifying court, may be appointed for a job, function or commission referred to in the preceding paragraphs. notwithstanding the foregoing, this provision does not apply in the event of a foreign war; but only the positions conferred in a state of war are compatible with the functions of regional governor. no regional governor, regional presidential delegate or provincial presidential delegate, from the day of his election or appointment, as the case may be, may be accused or deprived of his liberty, except in the case of flagrante delicto, if the appeal court of the respective jurisdiction, in full, does not previously authorize the accusation declaring that there is room for the formation of a case. this resolution may be appealed to the supreme court. in the event that a regional governor, regional presidential delegate or provincial presidential delegate is arrested for flagrante delicto, they will be immediately made available to the respective court of appeal, with the corresponding summary information. the court will then proceed in accordance with the provisions of the preceding paragraph. from the moment in which it is declared, by final resolution, that the formation of cause has been made, the regional governor, regional presidential delegate or provincial presidential delegate is suspended from his position and is subject to the competent judge. article 125 the respective constitutional organic law shall establish the grounds for removal from the offices of regional governor, mayor, regional councilor and municipal councilor. however, the mentioned authorities that have gravely infringed the norms on transparency, limits and control of electoral expenditure, will cease in their posts from the date that the election qualifying court, at the request of the directive council of the electoral service, declares it by final sentence. a constitutional organic law will indicate the cases in which a serious breach exists. likewise, he who loses the office of regional governor, mayor, regional councilor or municipal councilor, in accordance with the provisions of the preceding paragraph, shall not be eligible for any public office or job for a period of three years, nor shall he be candidate to popularly elected positions in the two immediate electoral acts after his cessation. article 125 bis to determine the re-election limit that applies to regional governors, regional councilors, mayors and councilors, they will be considered to have served for a period when they have completed more than half of their mandate. article 126 a statute will determine how to solve competence issues that may arise between national, regional, provincial and municipal authorities. likewise, it shall also establish how to resolve the discrepancies that occur between the regional governor and the regional council, as well as between the mayor and the council. special provisions article 126 bis easter island and the juan fernández archipelago are special territories. the government and administration of these territories will be governed by the special statutes that the respective constitutional organic laws establish. the rights to reside, stay and to move from any point of the republic, guaranteed in number 7 of article 19, shall be exercised in such territories in the manner determined by the special laws the govern their exercise, which shall be of qualified quorum. chapter xv. amendment to the constitution and the procedure to prepare a new constitution of the republic amendment of the constitution article 127 the amendment bills to the constitution may be initiated by a message of the president of the republic or by motion of any member of the national congress, with the limitations described in the first paragraph of article 65. the proposed amendment will need to be approved in each house by the vote of three-fifths of the representatives and senators in office. if the amendment concerns chapters i, iii, viii, xi, xii or xv, it will need, in each house, the approval of two-thirds of the representatives and senators in exercise. in matters not covered in this chapter, the norms on formation of the law will be applicable to the process of constitutional amendment bills, having to always respect the quorums indicated in the preceding paragraph. article 128 the bill approved by both houses will pass to the president of the republic. if the president of the republic rejects -in its entiretyan amendment bill approved by both houses and they insist entirely by two-thirds of the members in exercise of each house, the president of the republic shall promulgate that bill, unless he consults the citizens through a plebiscite. if the president partially observes an amendment bill approved by both houses, the observations shall be understood approved with the confirming vote of three-fifths or two-thirds of the members in exercise of each house, in accordance with the previous article, and it shall be returned to the president for its promulgation. in the case that the houses do not approve all or some of the observations of the president, there shall be no constitutional amendment of the points in dispute, unless both houses insist by two-thirds of their members in exercise on the part of the bill approved by them. in this last case, the part of the bill that has been object of insistence shall be returned to the president for its promulgation, unless he consults the citizens so that they pronounce themselves through a plebiscite, regarding the issues in dispute. the constitutional organic law regarding the congress shall regulate the other matters concerning the vetoes of the amendment bills and their process in congress. article 129 the call for a plebiscite shall be made within thirty days following the day on which both houses insist on the bill approved by them, and it will be ordered through supreme decree which will set the date for the plebiscitary vote, which will be celebrated one-hundred and twenty days after the publication of the said decree if that day corresponded to a sunday. if that is not the case, it shall take place the immediately following sunday. if after this period the president has not convoked a plebiscite, the bill approved by the congress shall be promulgated. the decree of convocation shall contain, as appropriate, the bill approved by both houses and entirely vetoed by the president of the republic, or the issues of the bill in which the congress has insisted. in this last case, each of the issues of disagreement shall be separately voted in the plebiscite. the qualifying court shall inform the result of the plebiscite to the president of the republic, and shall specify the text of the bill approved by the citizenry, which shall be promulgate as a constitutional amendment within five days of such communication. once the bill has been promulgated, and from the date it enters into force, its provisions will form part of this constitution and shall be deemed incorporated into it. procedure to prepare a new political constitution of the republic article 130. national plebiscite three days after the entry into force of this article, the president of the republic shall convene by means of an exempt supreme decree a national plebiscite for october 25, 2020. in the aforementioned plebiscite, citizens will have two electoral certificates. the first will contain the following question: "do you want a new constitution?" under such question there will be two horizontal stripes, one next to the other. the first line will have at the bottom the expression "approve", and the second the expression "reject", so that the voter can mark his preference for one of the alternatives. the second certificate will contain the question: "what type of body should draft the new constitution?" under such question there will be two horizontal stripes, one next to the other. the first stripe will have at the bottom the expression "mixed constitutional convention" and the second stripe, the expression "constitutional convention". under the expression "mixed constitutional convention" the following sentence shall be included: "composed in equal parts by popularly elected members and parliamentarians in office." under the expression "constitutional convention" the following sentence shall be included: "made up exclusively of popularly elected members", so that the voter can mark his preference for one of the alternatives. for the purpose of this plebiscite, the relevant provisions contained in the following legal bodies will be applied, in their current text as of january 1st, 2020: decree with force of law no. 2, of the year 2017, of the ministry general secretariat of the presidency, which sets forth the consolidated, coordinated and systematized text of law no. 18,700, constitutional organic law, popular voting and scrutiny act, in the following passages: paragraph v, paragraph vi, with the exception of the sixth paragraph of article 32 and second to fourth paragraphs of article 33, paragraph vii, viii, ix, x and xi of title i; title ii to x inclusive; title xii and xiii; decree with force of law no. 5, of the year 2017, of the ministry general secretariat of the presidency, which sets forth the consolidated, coordinated and systematized text of law no. 18,556, constitutional organic law, electoral system record and electoral service act; decree with force of law no. 4, of the year 2017, of the ministry general secretariat of the presidency, which sets forth the consolidated, coordinated and systematized text of law no. 18.603, constitutional organic law, political parties act, in the following passages: title i, v, vi, ix and x. free reception television channels must allocate thirty minutes a day of their broadcasts free of charge to electoral propaganda on this plebiscite, and must give expression to the two options contemplated in each certificate card, in accordance with an agreement to be adopted by the national television council and which shall be published in the official gazette, within a period of thirty days since the publication of the call for the national plebiscite, granting a strict equality in the promotion of the plebiscite options. this agreement may be challenged before the elections qualifying court within a period of three days from its publication. the elections qualifying court will resolve the claim summarily within a period of five days from the date of its respective filing. the elections qualifying court will review the general scrutiny and will proclaim approved the questions that have obtained more than half of the validly issued votes. for these purposes, null and blank votes will be considered as not cast. the qualification process of the national plebiscite must be completed within thirty days after its date. the ruling of proclamation of the plebiscite will be communicated within three days of its issuance to the president of the republic and to the national congress. if the people approved the elaboration of a new constitution, the president of the republic must call, by means of an exempt supreme decree, within the five days following the communication referred to in the previous paragraph, for the election of the members of the mixed constitutional convention or constitutional convention, as appropriate. this election will take place on may 16th and 16th, 2021. article 131. the convention for all purposes of this section, it will be understood that the word "convention" -without further referencerefers to the mixed constitutional convention and the constitutional convention, without any distinction. the members of the convention shall be called constitutional conventionals. in addition to what is established in articles 139, 140 and 141 of the constitution, the pertinent provisions for the election of deputies, contained in the following bodies, will be applied to the election of constitutional conventionals referred to in the final paragraph of article 130. legal, in its current text as of june 25, 2020: decree with force of law no. 2, of the year 2017, of the ministry of the general secretariat of the presidency, which establishes the consolidated, coordinated and systematized text of law no. 18,700, constitutional organic law, popular voting and scrutiny act, with the exception of article 32, paragraph five. decree with force of law no. 5, of the year 2017, of the ministry general secretariat of the presidency, which establishes the consolidated, coordinated and systematized text of law no. 18,556, constitutional organic law, electoral record system and electoral service act. decree with force of law no. 4, of the year 2017, of the ministry general secretariat of the presidency, which establishes the consolidated, coordinated and systematized text of law no. 18.603, constitutional organic law, political parties act. decree with force of law no. 3, of the year 2017, of the ministry general secretariat of the presidency, which establishes the consolidated, coordinated and systematized text of law no. 19,884, transparency, limits and control of electoral expenditure act. the qualification process for the election of constitutional conventionals must be completed within thirty days after its date. the sentence of proclamation will be communicated within three days of its issuance to the president of the republic and the national congress. article 132. requirements and incompatibilities of the candidates citizens who meet the conditions provided in article 13 of the constitution may be candidates for the convention. no other requirement, inability or prohibition will be applicable to the candidates for this election, except those established in this section and with the exception of the rules on affiliation and independence of the candidacies set forth in article 5, paragraphs four and six of the decree with force of law no. 2, of the year 2017, of the ministry general secretariat of the presidency, which establishes the consolidated, coordinated and systematized text of law no. 18,700, constitutional organic law, popular voting and scrutiny act. the ministers of state, the mayors, the governors, the mayors, the regional councilors, the councilors, the undersecretaries, the regional ministerial secretaries, the heads of service, the members of the council of the central bank, the members of the council of the electoral service, the members and officials of the different ranks of the judicial power, of the attorney general, of the general comptroller of the republic, as well as those of the constitutional court, of the court of defense of free competition, of the court of public procurement, of the court elections and regional electoral courts; the councilors of the council for transparency, and the active members of the armed forces and of public order and security, who declare their candidacies for members of the convention, shall cease in their positions by an act of the constitution, from the moment in which their candidacies are registered in the special register referred to in the first paragraph of article 21 of decree with force of law no. 2, of the year 2017, of the ministry general secretariat of the presidency, which sets the consolidated, coordinated and systematized text of the law no. 18,700. the provisions set forth above will be applicable to senators and deputies only with respect to the constitutional convention. people who hold a managerial position of a union or neighborhood nature must suspend said functions from the moment their candidacies are registered in the special register mentioned in the previous paragraph. article 133. operation of the convention within three days of receipt of the communication referred to in the final paragraph of article 131, the president of the republic shall convene, by means of an exempt supreme decree, the first session of the installation of the convention, also indicating the place of the call. if not stated, it will be installed at the headquarters of the national congress. the aforementioned installation must be carried out within fifteen days after the date of publication of the decree. at its first session, the convention must elect a president and a vice president by an absolute majority of its members in office. the convention shall approve the rules and its voting regulations by a quorum of two-thirds of its members in office. the convention may not alter the quorum or procedures for its operation and the adoption of agreements. the convention shall constitute a technical bureau, which shall be made up of persons of proven academic or professional suitability. it will correspond to the president of the republic, or to the bodies that he determines, to provide the technical, administrative and financial support that is necessary for the installation and operation of the convention. article 134. the statute of the constitutional conventionals the provisions of articles 51 shall apply to the members of the convention, except for the first and second paragraphs; 58, 59, 60 and 61. as of the proclamation of the elections qualifying court, public officers, with the exception of those mentioned in the third subparagraph of article 132, as well as workers in state-owned companies, may use a permit without compensation while serving to the convention, in which case the provisions of the first paragraph of article 58 of the constitution will not apply to them. the constitutional conventionals will be subject to the norms of law no. 20,880, on probity in the public function and prevention of conflicts of interest, applicable to deputies, and to law no. 20,730, which regulates lobbying and actions that represent private interests before the authorities and officials. the positions of parliamentarian and members of the mixed constitutional convention will be compatible. the deputies and senators who attend this convention will be exempt from their obligation to attend both sessions of the house and the commission of the congress during the period in which it remains in operation. the national congress may incorporate organizational measures to adequate the legislative work while the mixed constitutional convention is in operation. the members of the convention, except for the parliamentarians that integrate it, will receive a monthly remuneration of 50 monthly tax units, in addition to the allocations established in the regulations of the convention. said assignments will be administered by an external committee that determines the same regulations. article 135. special provisions the convention may not intervene or exercise any other function or attribution of other bodies or authorities established in this constitution or in the laws. as long as the new constitution does not enter into force in the manner established in this section, this constitution will remain fully in force, without the convention being able to deny it authority or modify it. pursuant to article 5, first paragraph, of the constitution, while the convention is in operation, sovereignty resides essentially in the nation and is exercised by the people through plebiscites and periodic elections that the constitution and laws determine, and also, by the authorities that this constitution establishes. the convention, any of its members or a fraction of them, will be prohibited from claiming the exercise of sovereignty, assuming other powers than those expressly recognized by this constitution. the text of the new constitution that is submitted to a plebiscite must respect the character of the republic of the state of chile, its democratic regime, the final and executed judicial rulings and the international treaties ratified by chile that are in force. article 136. claims any infraction of the procedural rules applicable to the convention, contained in this section and those of procedure that emanate from the general agreements of the convention itself, may be claimed. no claim regarding the content of the texts in preparation shall be subject of claim. five justices of the supreme court, elected by lottery by the same court for each question raised, will hear about this claim. the claim must be signed by at least a quarter of the members in exercise of the convention and will be filed before the supreme court, within a period of five days since the alleged defect was known. the claim must show the vice that is claimed, which must be essential, and the damage it causes. the procedure for the hearing and resolution of claims will be established in an agreed order to be adopted by the supreme court, which may not be subject to the control established in article 93 number 2 of the constitution. the ruling that accepts the claim can only annul the act. in any case, it must be resolved within ten days from when the matter became known. against the decisions referred in this article, no remedy or recourse will be admitted. no authority, nor court, may hear remedies, claims or resources related to the tasks that the constitution assigns to the convention, outside the provisions of this article. the claim referred to in this article may not be filed with respect to the final paragraph of article 135 of the constitution. article 137. extension of the term of operation of the convention the convention must draft and approve a proposed text of the new constitution within a maximum period of nine months, counting from its installation, which may be extended once, for three months. the aforementioned extension may be requested by the person who holds the presidency of the convention or by a third of its members, with an anticipation not exceeding fifteen days nor later than five days prior to the expiration of the nine-month period. once the request has been submitted, a special session will be called immediately, in which the presidency must publicly report on the progress in preparing the proposed text of the new constitution, which means that the term will be extended without further processing. all these circumstances must be recorded in the respective minutes. the extension period will begin to run the day following that in which the original term expires. once the proposed text of the new constitution has been drafted and approved by the convention, or the term or its extension has expired, the convention will be dissolved by act of law. article 138. transitory previsions the convention may establish special provisions for the entry into force of any of the norms or chapters of the new constitution. the new constitution will not be able to put an early term to the term of the elected authorities in popular vote, unless those institutions that are part of it are suppressed or subject to a substantial modification. the new constitution must establish the way in which the other authorities that this constitution establishes will cease or continue in their functions. article 139. integration of the mixed constitutional convention the mixed constitutional convention will be made up of 172 members, of whom 86 will correspond to citizens elected especially for this purpose and 86 members of parliament who will be elected by the plenary congress, made up of all the senators and deputies in office, who may present lists or pacts elections, and will be chosen according to the system established in article 121 of decree with force of law no. 2, of the year 2017, of the ministry general secretariat of the presidency, which fixes the consolidated, coordinated and systematized text of law no. 18,700, organic constitutional law, popular voting and scrutiny’s act, regarding the election of deputies. article 140. electoral system of the mixed constitutional convention in the case of the non-parliamentary constitutional conventionals, these will be chosen according to the rules enshrined in article 121 of decree with force of law no. 2, of the year 2017, of the ministry general secretariat of the presidency, which sets the consolidated text, coordinated and systematized of law no. 18,700, constitutional organic law, popular voting and scrutiny’s act, in its current text as of june 25, 2020, and articles 187 and 188 of the same legal body will apply, with the following modifications: 1st district that will choose 2 constitutional conventionals; 2nd district that will choose 2 constitutional conventionals; 3rd district that will elect 3 constitutional conventionals; 4th district that will elect 3 constitutional conventionals; 5th district that will choose 4 constitutional conventionals; 6th district that will choose 4 constitutional conventionals; 7th district that will elect 4 constitutional conventionals; 8th district that will choose 4 constitutional conventionals; 9th district that will elect 4 constitutional conventionals; 10th district that will elect 4 constitutional conventionals; 11th district that will elect 3 constitutional conventionals; 12th district that will choose 4 constitutional conventionals; 13th district that will elect 3 constitutional conventionals; 14th district that will choose 3 constitutional conventionals; 15th district that will choose 3 constitutional conventionals; 16th district that will choose 2 constitutional conventionals; 17th district that will elect 4 constitutional conventionals; 18th district that will choose 2 constitutional conventionals; 19th district that will elect 3 constitutional conventionals; 20th district that will choose 4 constitutional conventionals; 21st district that will elect 3 constitutional conventionals; 22nd district that will choose 2 constitutional conventionals; 23rd district that will choose 4 constitutional conventionals; 24th district that will choose 3 constitutional conventionals; 25th district that will choose 2 constitutional conventionals; 26th district that will elect 3 constitutional conventionals; 27th district that will choose 2 constitutional conventionals; and 28th district that will choose 2 constitutional conventionals. article 141. members of the constitutional convention the constitutional convention will be made up of 155 citizens elected especially for these purposes. for this, the electoral districts established in articles 187 and 188, and the electoral system described in article 121, all of decree with force of law no. 2, of the year 2017, of the ministry general secretariat of the presidency, which sets the consolidated, coordinated and systematized text of law n°. 18,700, constitutional organic law, popular voting and scrutiny’s act, regarding the election of deputies, to its text in force on june 25, 2020. the members of the constitutional convention may not be candidates for elected positions while exercising their duties and up to one year after they cease office in the convention. article 142. constitutional plebiscite once the proposal for a constitutional text approved by the convention has been communicated to the president of the republic, the latter shall convene, within three days of following the said communication, by means of an exempt supreme decree, a national constitutional plebiscite so that the citizens approve or reject the proposal. suffrage in this plebiscite will be mandatory for those who have an electoral domicile in chile. the citizen who does not vote will be punished with a fine for municipal benefit of 0.5 to 3 monthly tax units. the citizen who has failed to fulfill his obligation due to illness, absence from the country, being on the day of the plebiscite in a place located more than two hundred kilometers from that in which his electoral domicile is registered, or other serious impediment will not incur this penalty, duly verified before the competent judge, who will evaluate the evidence according to the rules of sound criticism. the persons who, during the national constitutional plebiscite, perform functions entrusted by decree with force of law no. 2, of the year 2017, of the ministry general secretariat of the presidency, which establishes the consolidated, coordinated and systematized text of law no. 18,700, organic constitution law, popular voting and scrutiny’s act, shall be exempt from the sanction established in this article by sending to the competent judge a certificate that accredits this circumstance. the knowledge of the indicated infraction will correspond to the local police judge of the county where such infractions were committed, in accordance with the procedure established in law no. 18,287. in the aforementioned plebiscite, citizens will have an electoral card that will contain the following question, as appropriate to the convention that has proposed the text: "do you approve the text of the new constitution proposed by the mixed constitutional convention?" or "do you approve of the text of the new constitution proposed by the constitutional convention?" under the question raised there will be two horizontal stripes, one next to the other. the first of them will have at the bottom the expression "approve" and the second, the word "reject", so that the voter can mark his preference over one of the alternatives. this plebiscite must be held sixty days after the publication in the official gazette of the supreme decree referred to in the first paragraph, if such day were sunday, or the immediately following sunday. however, if in accordance with the above the date of the plebiscite is within the period of sixty days before or after the election of those referred to in articles 26, 47 and 49 of the constitution, the day of the plebiscite will be delayed until the immediately following sunday. if, as a result of the application of the preceding rule, the plebiscite falls in january or february, the plebiscite will be held on to the first sunday of march. the qualification process of the national plebiscite must be completed within thirty days after its date. the decision of proclamation of the plebiscite will be communicated within three days of its issuance to the president of the republic and to the national congress. if the proposition raised to the citizenship in the national constitutional plebiscite is approved, the president of the republic must -within five days after the communication of the decision referred to in the previous paragraphcall the plenary congress so that, in an act public and solemn, promulgate and swear or promise to respect and abide by the new political constitution of the republic. said text will be published in the official gazette within ten days of its promulgation and will enter into force on that date. as of this date, the present political constitution of the republic, whose consolidated, coordinated and systematized text is established in supreme decree no. 100 of september 17, 2005, will be repealed. the constitution must be printed and distributed free of charge to all educational establishments, public or private, municipal libraries, universities and state bodies. the judges and magistrates of the higher courts of justice must receive a copy of the constitution. if the question raised to the citizenship in the ratifying plebiscite is rejected, the present constitution will continue in force. article 143. referral regarding the constitutional plebiscite, the provisions of paragraphs four to six of article 130 shall apply. transitory provisions first while the provisions that give effect to what is established in paragraph three of number 1 of article 19 of this constitution, are enacted, the legal provisions currently in force shall continue to govern. second while the new mining code is enacted, which shall regulate, among other things, the form, conditions and effects of the mining concessions to which paragraphs seven to ten of number 24 of article 19 of this political constitution refer, the holders of mining rights shall continue to be governed by the legislation that is in vigor at the moment in which this constitution is enacted, acting as concessionaires. the mining rights to which the preceding paragraph refers to, shall subsist under the new code, but concerning their enjoyment and burdens and in what regards their extinction, the provisions of the said new mining code shall prevail. this new code shall grant a term for concessionaires to comply the new requirements that are established to deserve legal protection. in the space that mediates between the time that the new constitutions is put into effect and that in which the new mining code comes into effect, the establishment of mining rights with the nature of a concession established in paragraphs seven to ten of number 24 of article 19 of this constitution, shall continue to be governed by the current legislation, as well as the concessions that are granted. third the copper mining industry and the companies considered as such, nationalized under the requirements of what is established in the 17th transitory provision of the political constitution of 1925, shall continue to be governed by the constitutional norms in force at the date of the promulgation of this constitution. fourth it will be understood that the laws currently in force on matters that under this constitution shall be subject to constitutional organic laws or approved with qualified quorum, meet these requirements and shall continue to be applied in what they are not contrary to the constitution, as long as the corresponding legal bodies are not enacted. fifth notwithstanding the provisions of number 6 of article 32, the legal provisions that at the date of the promulgation of this constitution have regulated matters not comprehended in article 63, shall remain in force, as long as they are not expressly derogated by law. sixth notwithstanding of what is established in paragraph three of number 20 of article 19, the legal provisions that have established taxes appropriated to a particular destination, shall remain in force, as long as they are not expressly derogated. seventh the individual pardon will always proceed in relation to the crimes to which article 9 refer, committed before the 11 of march of 1990. a copy of the respective decree shall be remitted, in confidential character, to the senate. eighth the norms of chapter vii “public ministry”, will govern at the time that the constitutional organic law of the public ministry comes into force. this law may establish the different dates for the entry into force of its provisions, as well as determine its gradual implementation in the diverse matters and regions of the country. the chapter vii “public ministry," the constitutional organic law of the public ministry and the laws that, complementing the said norms, modify the organic code of courts and the code of criminal procedure, will exclusively apply to events that occur after the entry into force of such provisions. ninth notwithstanding the provisions of article 87, in the list of five and each of the lists of three that are formed to fill in for the first time the offices of national prosecutor and regional prosecutors, the supreme court and the courts of appeals may include, respectively, one active member of the judiciary. tenth the powers granted to municipalities in article 121, relating to the modification of the organizational structure, staff and remunerations, shall be applicable when the modalities, requirements and limitations for the exercise of these new powers are regulated in the respective law. eleventh in the year following the date of publication of the present law of constitutional amendment, those who have held the positions of president of the republic, representative, senator, minister of state, intendant, governor or mayor, may not figure on the lists to integrate the supreme court. twelfth the term of the president of the republic in exercise shall be of six years, and may not be re-elected for the next period. thirteenth the senate shall be composed uniquely of elected senators in accordance with article 49 of the political constitution of the republic and the constitutional organic law of popular elections and ballots currently in force. the modifications of the constitutional organic law of popular elections and ballots that are related to the number of senators and representatives, the existing circumscriptions and districts, and the electoral system in force, will require the affirmative vote of three-fifths of the representatives and senators in exercise. fourteenth the replacement of the current justices and the appointment of the new members of the constitutional court shall be made in accordance with the following rules: the current justices appointed by the president of the republic, the senate, the supreme court and the national security council will remain in office until the end of the period for which they were appointed or until they cease to hold office. the replacement of the justices appointed by the national security council will correspond to the president of the republic. the senate shall appoint three justices of the constitutional court, two directly and the third one after a previous proposal by the house of representatives. the latter shall remain in office until the day on which the currently appointed by the senate or who replaces him ceases in office, in accordance with paragraph seven of this article, and can be reappointed. the current justices of the supreme court, who are at the same of the constitutional court, shall be temporally suspended in the exercise of their positions in that court, six months after this constitutional amendment is published and without affecting their rights as officials. they will reassume those positions at the end of the period for which they were appointed in the constitutional court or when they cease in this position for any reason. the supreme court will nominate, in accordance with the letter c) of article 92, the indicated lawyers in the measure that the corresponding vacancies are generated. however, the first one of them will be appointed for three years, the second one for six years and the third one for nine years. the one that has been appointed for three years may be reappointed. if any of the current justices not contemplated in the preceding paragraph ceased in his position, he shall be replaced by the authority indicated in the letters a) and b) of article 92, as it corresponds, and his term will last for the remainder of his predecessor’s, and is re-eligible. the justices appointed pursuant to this provision shall be designated before the 11 of december of 2005 and will take office on 1 of january of 2006. fifteenth the international treaties approved by the national congress prior to the entry into force of the present constitutional amendment, that relate to matters that according to the constitution must be approved by the absolute majority or fourth sevenths of the representative and senators in exercise, will be deemed to have met these requirements. jurisdictional disputes currently in process before the supreme court and those that would have been until the entry into force of the amendments to chapter viii, will remain rooted in that body until completely processed. the procedures initiated, ex officio or upon request, or that are initiated in the supreme court to declare the inapplicability of a legal precept contrary to the constitution, prior to the application of the amendments to chapter viii, shall continue to be processed under the cognizance and resolution of that court until completely processed. sixteenth the amendments introduced to chapter viii will enter into force six months after the publication of the present constitutional amendment with the exception of what is regulated in the fourteenth provision. seventeenth the forces of public order and security shall continue being dependent of the ministry in charge of national defense until the new law that creates the ministry in charge of public security is enacted. eighteenth the amendments provided for in article 57 number 2, shall take effects after the general election of parliamentarians. nineteenth notwithstanding the amendment of article 16 number 2 of this constitution, the right to vote of the persons prosecuted for acts prior to the 16 of june of 2005, for crimes that merit afflictive punishment or for crimes that the law defines as terrorist behavior, shall also be suspended. twentieth while the special courts that are alluded two in the fourth paragraph of number 16 of article 19 are not created, the claims motivated by the ethical behavior of the professionals who are not members of professional associations, shall be heard by ordinary courts. twenty-first the amendment introduced in number 10 of article 19, that establishes the obligation of the second level of transition and the duty of the state to finance a free system starting from the middle-lower education level, designed to ensure the access to it and its higher levels, will take effect gradually, in the manner provided by law. twenty-second while the special statutes to which article 126 bis refers have not entered into force, the special territories of easter island and juan fernández archipelago will continue to be governed by the common norms on political-administrative division and of government and interior administration of the state. twenty-third the amendments introduced to articles 15 and 18 on voluntary voting and incorporation to the electoral register by the virtue of law will govern from the moment that the respective constitutional organic law to which the second paragraph of article 18 refers, introduced by way of these amendments, enters into force. twenty-fourth the state of chile may recognize the jurisdiction of the international criminal court under the terms provided in the treaty adopted in the city of rome, the 17 of july of 1998, by the diplomatic conference of plenipotentiaries of the united nations regarding the establishment of that court. upon such recognition, chile reaffirms its preferential power to exercise criminal jurisdiction in relation to the jurisdiction of the court. the latter shall be subsidiary to the former, in the terms provided by the rome statute which created the international criminal court. the cooperation and assistance between the competent national authorities and the international criminal court, as well as the judicial and administrative procedures that may take place, will be subjected to what the chilean law established. the jurisdiction of the international criminal court, under the terms provided in its statute, shall only be exercised in respect to the crimes of its competence which began after the entry into force of the statute of rome in chile. twenty-fifth the amendment introduced in paragraph four of article 60, will enter into force after one-hundred and eighty days from the date of publication of this law in the official journal. twenty-sixth the mandate of the regional councilors in exercise at the date of publication of this constitutional amendment, and of their respective substitutes, is extended until the 11 of march of the year 2014. the first election by universal suffrage in direct voting of the regional councilors to which paragraph two of article 113 refers, will take place in conjunction with the elections of the president of the republic and the parliamentarians, the 17 of november of the year 2013. to this effect, the adjustments to the respective constitutional organic law shall take effect before the 20 of july of the year 2013. twenty-seventh notwithstanding what is established in article 94 bis, the current councilors of the directive council of the electoral service will cease in their posts according to the terms for which they were appointed. the new councilors that it corresponds to appoint in the year 2017 will last in their posts six and eight years each, in accordance with what the president of the republic indicates in his proposal. in both cases, the head of state will formulate a proposition in a single act and the senate will pronounce itself on the whole proposal. those who are currently in office shall not be proposed for a new period, if with that extension they exceed the total period of ten years in the performance of their duties. twenty-eighth notwithstanding the provisions of article 83 of the decree with the force of law no. 1-19,175, of 2005, of the ministry of the interior, which sets the reimbursed, coordinated and systematized text of law no. 19,175, constitutional organic law, government and administration regional act, the first election of regional governors will be held on may 15th and 16th, 2021. in the event of a second vote in the terms indicated in the fifth paragraph of article 111 of the constitution, this will be held on june 13th, 2021. notwithstanding the provisions of article 99 bis of law no. 19,175, constitutional organic on government and regional administration, whose consolidated, coordinated, systematized and updated text was established by decree with force of law no. 1-19,175, of 2005, of the ministry of the interior, the period of the first regional governor elected in the election indicated in the first paragraph will begin to run on july 14, 2021, in which the regional governor will assume his functions in accordance with the aforementioned provision and his mandate will last until on january 6th, 2025. the disqualifications established in letters a), b), c) and d) of article 23 ter of the decree with force of law indicated in the first paragraph, will be affected to those who have had the qualities or positions affected within the period between 25 october 2019 to election day. the period established in the second paragraph of article 113 may be adapted by the constitutional organic law indicated in the fourth and fifth paragraphs of article 111 so that the periods of exercise of regional governors and regional councilors coincide. this modification will require, for its approval, the favorable vote of three-fifths of the deputies and senators in office. once the regional governors-elect take office, the presidents of the regional councils will cease with their full rights, which will be assumed by the respective regional governor. the elected regional governors, from the time they take office, the functions and powers that the laws expressly grant to the assistant as an executive body of the regional government. the remaining functions and powers that the laws give to the assistant are understood to refer to the corresponding regional presidential delegate. likewise, the functions and powers that the laws give to the governor are understood to be attributed to the provincial presidential delegate. as long as the first elected regional governors do not take office, the constitutional provisions in force prior to the publication of this constitutional amendment will apply to the positions of mayors and governors. twenty-ninth. special rules for the election of representatives to the mixed constitutional convention or constitutional convention from the independent lists. for the election of the members of the mixed constitutional convention or constitutional convention, lists of independent candidates outside the list may be presented, which will be governed by the following rules: to declare their candidacies, independent candidates outside the list will require the sponsorship of a number of independent citizens equal to or greater than 0.2 percent of the voters who had voted in the respective electoral district in the previous periodic election of deputies, according to the general scrutiny carried out by the election qualifying court, unless said percentage of voters in an electoral district is less than 300, in which case the sponsorship of 300 independent citizens will be required. two or more independent candidates may constitute an electoral list. this list will govern exclusively in the electoral district in which the independent candidates declare their candidacies. the declaration of this list will be subject to the same rules as the candidacies for deputy, as applicable, which must also contain a common moto that identifies them and a program in which the main ideas or proposals related to the exercise of its constituent function will be indicated. this list will require the sponsorship of a number of independent citizens equal to or greater than 0.5 percent of the voters who had voted in the respective electoral district in the previous periodic election of deputies, in accordance with the general scrutiny carried out by the elections qualifying court, unless said percentage of voters in an electoral district is less than 500, in which case the sponsorship of 500 independent citizens will be required. the sponsorships on the list will be obtained from the sum of the individual sponsorships of the candidates that comprise it. the list will be made up of those candidates who ultimately meet the stated requirements. in everything else, the general rules will apply to the lists of independent people as if it were a list made up of a single party, also including law no. 19,884, transparency, limits and control of electoral expenditure act, whose consolidated text, coordinated and systematized was set by decree with force of law no. 3, of 2017, of the ministry general secretariat of the presidency. the sponsorship of independent candidacies referred to in this article may be carried out through an electronic platform provided by the electoral service, which will be accessed after identity authentication. in this case, the sponsorship of the respective candidacy through electronic means will be understood to have been signed. through this platform, the electoral service will generate the list of sponsors, in a timely manner, for the purposes of declaring the respective candidacy. this platform must comply with the necessary security standards to ensure its proper functioning. thirty. declaration of candidacies for the convention in gender balance in the case of declarations of candidates for the election of constitutional constituents, the list of a political party, electoral pacts of political parties or lists made between independent candidates, must indicate the order of precedence that the candidates will have in the certificate card for each district electoral, beginning with a woman and alternating, successively, these with men. in each electoral district, the lists made up of an even number of candidates must have the same number of women and men. if the total number of applicants is odd, one sex cannot exceed the other in more than one. the provisions of the fifth paragraph of article 4 of law no. 18,700, popular voting and scrutiny act, whose consolidated, coordinated and systematized text was set by decree with force of law no. 2, of 2017, of the ministry of the general secretariat of the presidency, will not be applicable. in the districts that choose three to four seats, the lists may declare up to six candidates for constitutional conventions, following the preceding paragraphs, and the provisions of the first paragraph of article 5 of said law shall not apply in this regard, which shall govern the rest of the districts that choose five or more seats. violation of any of the requirements established in the preceding paragraphs will result in the rejection of all the candidacies declared in the district by the respective political party, the electoral pact of political parties or the corresponding list of independent candidacies. thirty-first. of the balance between women and men in the election of constitutional constituents for the distribution and allocation of seats of conventional constituents the following rules will be followed: the electoral system for the constitutional convention will be oriented to achieve equal representation of men and women. with this objective, in the districts that distribute an even number of seats, the same number of men and women should be elected, while in the districts that distribute an odd number of seats, a difference of seats greater than one cannot result, between men and women. the seats that correspond preliminarily will be assigned by applying article 121 of law no. 18,700, popular voting and scrutiny act, whose consolidated, coordinated and systematized text was set by decree with force of law no. 2, of 2017, of the ministry secretariat general of the presidency, according to the provisions of articles 139, 140 and 141 of this constitution. in the event that the preliminary assignment complies with that indicated in numeral 1, constitutional constituencies elected to said candidates will be proclaimed. if the preliminary assignment of conventional constituents elected in a district results in a proportion, between the different sexes, that is different from that indicated in number 1, the provisions of number 3) and letter d) of the number 4) of article 121 of law no. 18,700, popular voting and scrutiny act, shall not apply, and the following shall proceed: the number of men and women who must increase and decrease, respectively, in the district, shall be determined in order to obtain the minimum distribution indicated in number 1. preliminarily assigned candidates of the overrepresented sex shall be ordered according to their individual vote from lowest to highest. conventional constituents shall be proclaimed to the candidacy of the underrepresented sex with the highest vote, to which the seat has not been preliminarily assigned, from the same political party, in the case of a list of the single political party or electoral pact, or to the candidacy with the highest voting of the underrepresented sex, in the case of the lists made up of independent candidacies, instead of the preliminarily assigned candidacy of lesser voting of the overrepresented sex. in the event that the seat cannot be maintained in the same party, the candidate or candidate of the most voted under-represented sex of the same list or pact will be proclaimed conventional constituents, instead of the least voted candidate or candidate of the over-represented sex. if the application of this rule does not achieve gender balance, the same procedure will be carried out, continuing with the candidacy of the next overrepresented sex on the payroll of letter b), and so on. no reassignment whatsoever shall proceed regarding independent citizens who are elected off the list. however, these will be considered in order to establish compliance with the parity or minimum difference between the sexes referred to in number 1. in the event that the people choose the option of mixed constitutional convention in the national plebiscite on sunday, october 25, 2020, the rules of this transitory provision will be applicable for the election of all citizens elected by the citizenship for said convention. constitutional mixed. thirty-second up to a period of two years from the publication of this reform, and due to the current covid-19 pandemic, the house of representatives, the senate and the plenary congress, the latter for the purposes of the provisions of articles 24 and 56 bis, may operate by telematic means once a sanitary quarantine or a constitutional state of exception has been declared due to public calamity that represents a serious risk to the health or life of the inhabitants of the country or of one or more regions, which prevents them from meeting, totally or partially, and as long as this impediment subsists. for the sessions of the chambers, the agreement of the committees representing two-thirds of the members of the respective chamber will be required. they may meet, vote on bills and constitutional reform and exercise their exclusive powers. the telematic procedure must ensure that the vote of the parliamentarians is personal, well-founded and cannot be delegated. in the cases of the plenary congress, referred to in the first paragraph, the presidents of both corporations will agree on the dependency of the national congress in which these obligations will be fulfilled, who will be able to attend those sessions in person and if they must be carried out totally or partially in a telematic form. the account of the administrative and political state of the nation before the plenary congress referred to in the third paragraph of article 24, the year 2020 will be held on july 31. thirty-third the call to the national plebiscite made by the president of the republic by means of an exempt supreme decree, in accordance with law no. 21,200, shall be null and void. three days after the publication in the official gazette of this constitutional reform, the president of the republic will convene, by means of an exempt supreme decree, the national plebiscite indicated in article 130, for october 25, 2020. the agreements adopted by the national television council, and the claim judgments issued by the elections qualifying court referred to in the sixth paragraph of article 130, which were pronounced prior to this constitutional reform, will continue in force and will be fully applicable to the national plebiscite of october 25, 2020. the convocation of the election of the conventional constituents made by the president of the republic by means of an exempt supreme decree, in accordance with the provisions of the final paragraph of article 130, shall be understood to have been carried out on may 15th and 16th, 2021. thirty-fourth notwithstanding the provisions of article 106 of law no. 18,695, constitutional organic law of municipalities, whose consolidated, coordinated and systematized text was set by decree with force of law no. 1, 2006, of the ministry of the interior, the next municipal election will take place as of may 15th and 16th, 2021. the mandate of the mayors and councilors in office is extended to the date of publication of this constitutional amendment, until june 28th, 2021. the disqualifications set forth in letters a) and b) of article 74 of the decree with force of law indicated in the first paragraph will be applicable to those who have had the qualities or positions mentioned within the period from october 25, 2019 to the election day. notwithstanding the provisions of article 83 of the decree with force of law indicated in the first paragraph, the period of mayors and councilors who are elected in the election indicated in the first paragraph shall begin to be computed on june 28th, 2021, day in which they will assume office in accordance with the aforementioned provision and their duty will last until december 6, 2024. thirty-fifth notwithstanding the provisions of the third and fourth paragraphs of article 3 of decree with force of law no. 1, of 2017, of the ministry general secretariat of the presidency, which establishes the consolidated, coordinated and systematized text of law no. 20,640, that establishes the system of primary elections for the nomination of candidates for president of the republic, parliamentarians, regional governors and mayors, the next primary elections for the nomination of candidates for positions of regional governor and mayor, for the purposes of the may 15th and 16th 2021 election, will take place on november 29th, 2020. thirty-sixth notwithstanding the provisions of the fourth and sixth paragraphs of article 5 of decree with force of law no. 2, of 2017, of the ministry general secretariat of the presidency, which sets the consolidated, coordinated and systematized text of law no. 18,700 , constitutional organic law, popular voting and scrutiny act; candidates for conventional constituent, regional governor, mayor and councilor included by a political party will require not to have been affiliated with another political party in the period between october 26, 2019 until the expiration of the term to declare candidacies. independent candidates for constitutional convention, whether or not they are on the independent list or associated with a political party; regional governor, mayor and councilor, shall not be affiliated with a political party within the period from october 26, 2019 until the deadline to declare candidacies. thirty-seventh registrations in the electoral record coming from applications for accreditation of settlement pursuant to article 6, circumstances updates contained in letters a) to e) of article 13 and the modifications indicated in article 23 of decree with force of law n ° 5, of 2017, of the ministry general secretariat of the presidency, which establishes the consolidated, coordinated and systematized text of law n ° 18,556, constitutional organic of the electoral registration system and electoral service, will be resumed in the date of publication of this constitutional amendment. notwithstanding the provisions of article 29 of the aforementioned decree with force of law, the suspension of registrations, updates and modifications of the electoral registry will take place one-hundred and forty days before the plebiscite indicated in article 130. for the preparation of the electoral rolls and disabled persons list referred to in title ii of the aforementioned decree with force of law, the provisions of said title and title iii shall be followed. thirty-eighth within thirty days following the publication of this constitutional amendment, the public senior management council, created by law no. 19,882, will set, once, the remuneration of the ministers of state and the deputies and senators in the terms provided in article 62, which will govern until the agreement established in article 38 bis is adopted. within ninety days of publication of this amendment, the aforementioned council will determine, also for a single time, the income of the other authorities indicated in article 38 bis, the that will govern until the agreement that establishes the mentioned precept. likewise, and in the same term, will specify the remuneration of mayors and governors, those that will govern until the day in which the regional governors. the public senior management council will reduce the last remuneration received by the authorities already mentioned, in the percentage that your study justifies. for this purpose, it must consider the single scale of salaries of the state administration and parameters set forth in article 38 bis. the public senior management council will have in special consideration the economic reality of the country and comparative policy analysis. thirty-ninth exceptionally, and to mitigate the social effects derived from the constitutional state of emergency of catastrophe due to public calamity decreed because of covid-19, the affiliates of the private pension system governed by decree law no. 3,500, of 1980, are voluntarily authorized and for one time only, to withdraw up to 10 percent of the funds accumulated in its individual capitalization account from mandatory contributions, establishing as a maximum withdrawal amount the equivalent of 150 unidades de fomento (indexable money units) and a minimum of 35 unidades de fomento. in the event that 10 percent of the accumulated funds is less than 35 unidades de fomento, the affiliate may withdraw up to said amount. in the event that the funds accumulated in their individual capitalization account are less than 35 unidades de fomento, the affiliate may withdraw all of the funds accumulated in said account. the funds withdrawn will be considered extraordinarily intangible for all legal purposes, and will not be subject to retention, discount, legal or contractual compensation, seize or any form of judicial or administrative mandamus, nor may it be reduced from the amount already decreed of economic compensation in the divorce trial, notwithstanding the debts originated by maintenance obligations. the withdrawn funds to which this transitory provision refers will not constitute income or remuneration for any legal effect and, consequently, will be paid in full and will not be subject to any commissions or discounts by the pension fund administrators. members may request the withdrawal of their funds up to 365 days after the publication of this constitutional reform, regardless of the validity of the constitutional state of exception of catastrophe decreed. the affiliates will be able to make the request for the withdrawal of funds on a platform with digital, telephone and face-to-face support provided by the pension fund managers, ensuring an efficient process without delay. the funds that in the application of this provision correspond to the affiliate, are automatically transferred to "account 2" without administration commission or any cost to him, or to a bank account or financial institutions and compensation funds, as determined by the affiliate, in up to two installments of a maximum of 75 unidades de fomento each. the withdrawals made in accordance with this provision will be compatible with direct transfers, benefits, financing alternatives and, in general, the economic measures that the law or regulations establish due to covid-19. you will not be able to consider the withdrawal of funds for the calculation of the other measures that need in the reason of the crisis or vice versa. any person belonging to said system, including those who are beneficiaries of an old-age, disability or survivorship pension, will be considered affiliated to the private pension system governed by decree law no. 3,500, of 1980. the delivery of funds accumulated and authorized to withdraw will be made as follows: 50 percent within a maximum period of ten business days after the request has been submitted to the respective pension fund administrator to which the member belongs. the remaining 50 percent within a maximum period of thirty business days from the previous disbursement. the implementation of the fund transfer system and other measures that are carried out by virtue of this provision will have no cost to members. in addition, the pension fund administrators must send to the superintendency of pensions all information on compliance with the measures that are carried out as a result of the application of this provision, and to the central bank when appropriate. the observance, supervision and sanction of the obligations of the pension fund administrators contained in the current provision, will correspond to the competent authority within its legal powers. fortieth the constitutional amendment to article 109 will come into force once the law that introduces modifications to law no. 18,840, constitutional organic law of the central bank of chile act, which will regulate the exercise of the new power granted to the central bank, enters into force. forty-first. special rules for the development of the national plebiscite provided in article 130 the board of directors of the electoral service shall dictate, at least forty-five days prior to the national plebiscite provided for in article 130 of the political constitution of the republic, and by means of an agreement adopted by the four-fifths of its members in office, the norms and instructions necessary for the development of the aforementioned national plebiscite, being able to establish special rules and different from those established in the decree with force of law no. 2, of the ministry general secretariat of the presidency, of 2017, which establishes the consolidated, coordinated and systematized of law no. 18,700, constitutional organic on popular voting and scrutiny, without prejudice to the provisions of the fourth paragraph of said article 130, in the matters indicated: the constitution, installation and operation of polling places. the hours of operation of the voting tables, being able to extend it up to a maximum of twelve hours. likewise, it may promote preferential voting hours to different groups of people and establish the schedule for the delivery of preliminary results from abroad. the number and causes of excuse or exclusion of the members of the polling stations and members of the scrutineering colleges, as well as the way to accredit them, being able to exclude voters with health risk, according to criteria established by the health authority, to comply with these functions; the maximum capacity of people inside the voting premises, according to which access to them must be controlled, as well as the distancing of voters both inside and outside said premises. the establishment of the minimum necessary distance between the voting tables, their ballot boxes and secret chambers, as well as the distance between the table members, proxies and the press. the determination of the characteristics and number of the secret chambers for each table receiving votes; the determination of the maximum number of proxies for each plebiscite option that may be present in the actions of the electoral boards and in the electoral offices of the polling stations, in the voting and scrutiny of the polling stations, and by the scrutineering colleges; the electoral tools available at the voting tables and scrutineering colleges; the regulation of the type of pencil to mark the preference in the electoral cards and to sign the electoral roll of the voting table; the obligation to use masks and other means of sanitary protection for voters, and those who are inside the voting premises, and the issuance of a general and mandatory protocol, in agreement with the ministry of health, containing the health standards and procedures that must be complied with, in particular those referred to in paragraphs d), e), g) and j) above, in the actions carried out by the electoral boards, their delegates at the polling stations and their advisers, members of the polling stations and members of the scrutineering colleges. this protocol will also be mandatory for voters, proxies, members of the armed forces and public order and security who are in charge of safeguarding public order inside and outside the voting premises, as well as for all public officials, regardless of the body on which it depends, which performs functions or fulfills electoral obligations. in no case may the general health measures affect the holding of the plebiscite referred to in article 130, at the national, regional or community level. the resolution of the board of directors of the electoral service indicated in the first paragraph must be published in the official gazette and on the website of said service, within two days from the date of its adoption. the aforementioned agreement will be credibly claimed before the election qualifying court, within a period of three days from its publication. said court will resolve the claim within a period of ten days from its filing, and the judgment will not admit any appeal or action against it. the advertisement referred to in article 34 of decree with force of law no. 2, of the ministry general secretariat of the presidency, of 2017, which establishes the consolidated, coordinated and systematized text of law no. 18,700, constitutional organic law on popular voting and scrutiny act, the electoral service shall include information regarding the sanitary measures taken by virtue of the rules and instructions referred to in this provision. special rules for the development of the elections on may 15 and 16, 2021. the municipal, regional governor and conventional constituent elections to be held on may 15 and 16, 2021 will be governed by the corresponding legal regulations, with the following special rules: the board of directors of the electoral service shall issue the rules and instructions necessary for the development of the elections on may 15 and 16, 2021, in the terms of the first paragraph, at least twenty days before the start of the elections. them, including, in addition to the matters referred to in said subsection, the rules and instructions on the matters indicated: the constitution of polling stations, informing the ministry of education in the appropriate cases. the determination of preferential voting hours for different groups of people. the procedure for closing the day and sealing the ballot boxes on may 15, 2021, as well as the reopening of voting on may 16, 2021. the process of sealing and custody of the ballot boxes and electoral supplies in the polling places, after the close of business on may 15, 2021. the custody will correspond to the delegate of the electoral board and the electoral service who must coordinate for these purposes with the ministry of the interior and public security and the ministry of national defense for the protection and maintenance of public order and the custody of the place where the ballot boxes and electoral tools are kept, which will be done with the assistance from the armed forces and carabineros de chile. the voting booths will be sealed and reopened the following day by the members of the polling stations, without prejudice to the fact that the authorized representatives may be present at the voting table. the ballot boxes and electoral supplies, from the night of may 15 to the morning of may 16, 2021, will remain in a place of custody with special stamps, in accordance with the regulations issued by the electoral service. likewise, the places of custody will remain closed with doors and windows with special seals in accordance with the regulations issued by the electoral service. the general proxies may remain during the night of may 15 and the morning of may 16, 2021 at the polling stations. in no case may they enter the place where the ballot boxes and electoral supplies are kept. the electoral board delegate or the person designated by him/her will keep a record of those who are in the polling place during the night of may 15 and the morning of may 16, 2021. the order of scrutiny of the vote. the provisions of paragraphs three and four shall be applicable to the elections. the references that the laws or other norms make to the election of april 11, 2021 or to the elections of april 10 and 11, 2021, as appropriate, shall be understood to be made to the elections of may 15 and 16 may 2021. the terms indicated in the regulations applicable to municipal elections, regional governors and conventional constituents, as well as those indicated in the final paragraph of article 131, which must be counted from or until the day of the election, will consider the 16th may 2021 for such purposes, with the exception of those indicated in articles 55, 60 and 122 of decree with force of law no. 2, of 2017, of the ministry general secretariat of the presidency, which sets the consolidated, coordinated and systematized text of law no. 18,700, constitutional organic on popular voting and scrutiny, which will be understood to refer to may 15, 2021. the persons designated as members of the polling stations shall perform these functions on may 15 and 16, 2021. the bonus of the people who effectively exercise the functions of voting board member on may 15 and 16, 2021, referred to in articles 53 and 55 of decree with force of law no. 2, of 2017, of the ministry general secretariat of the presidency, which establishes the consolidated, coordinated and systematized text of law no. 18,700, constitutional organic on popular voting and scrutiny, will amount to the sum of sixty-thousand pesos. the board member who is appointed by virtue of paragraph 8 of title i of the aforementioned law no. 18,700, who exercises his functions as such only one of the designated election days, will receive the bonus referred to in the first paragraph of the article 53 of said law. for its part, the board member designated in accordance with article 63 of said law will be responsible for the payment of thirty-thousand pesos for the day on which he performs his duties. the bonus of the delegate of the electoral board, referred to in article 60 of decree with force of law no. 2, of 2017, of the ministry general secretariat of the presidency, which establishes the consolidated, coordinated and systematized text of the law nº 18,700, constitutional organization on popular voting and scrutiny, will amount to the sum of six promotion units for all the tasks carried out on the occasion of the election held on may 15th and 16th. the board of directors of the electoral service shall dictate the norms and instructions referred to in the previous paragraphs and in the same terms established therein, setting special rules different from those established in decree with force of law no. 2, of the ministry general secretariat of the presidency, of 2017, which establishes the consolidated, coordinated and systematized text of law no. 18,700, constitutional organic law on popular voting and scrutinies act, for the electoral processes of the years 2020 and 2021, provided that at the time of issuing the agreement to which alluded to in the first paragraph, a health alert decreed by the respective authority is in force. the bonus of the advisers of the delegate of the electoral board, referred to in article 60 of the decree with force of law no. 2, of 2017, of the ministry general secretariat of the presidency, which establishes the consolidated, coordinated and systematized of law n ° 18,700, constitutional organic on popular voting and scrutinies act, will amount to the sum of 0.6 promotion units per day for all the tasks carried out on the occasion of the election on may 15th and 16th. forty-second for the implementation and transparency of the electoral propaganda and publicity of the plebiscites referred to in articles 130 and 142, without prejudice to the regulatory norms of electoral propaganda established in paragraph 6 of title i of the decree with force of law no. 2, of the ministry general secretariat of the presidency, of 2017, which establishes the consolidated, coordinated and systematized text of law no. 18,700, constitutional organic law on popular voting and scrutiny act, the following special rules will also apply: limit on contributions for the plebiscite campaign. the total limit of the individual contributions made by affiliates and third parties to political parties, destined for the electoral campaign of the indicated plebiscites, will be five hundred promotion units, without prejudice to the provisions of article 39 of the decree with force of law n ° 4, of the ministry general secretariat of the presidency, of 2017, which establishes the consolidated, coordinated and systematized text of law n ° 18,603, constitutional organic law of political parties. the total limit of individual contributions made by individuals to civil society organizations for the aforementioned campaigns will be five hundred promotion units. in the case of independent parliamentarians, this limit will be sixty promotion units. civil society organizations, whatever their structure and denomination, excluding those that pursue profit, for the receipt of contributions and the performance of electoral propaganda will have as the only requirement to register with the electoral service, according to the instructions issued for this purpose. publicity of the contributions. all contributions will be public. political parties, independent parliamentarians and civil society organizations that receive contributions within the electoral campaign period must inform the electoral service, within three days of the date of receipt, stating the full name and number of identity card of the contributor, which will be published on the website of said service and updated daily, with the exception of contributions of less than forty development units, which will only be reported, keeping the identity of the contributor confidential. electoral spending limit. political parties, independent parliamentarians and civil society organizations may form commands for each of the options submitted to a plebiscite, which must register with the electoral service within three days of the date of publication of this constitutional reform. the electoral spending limit for all the commands or political parties will be calculated for each of the options submitted to a plebiscite and will be the one that results from multiplying 0.005 promotion units by the number of eligible voters on the date the plebiscite is called. the individual limit for each community will be determined by applying the voting proportion obtained in the last election of representatives, including independent associates. the political parties that have not participated in it will have the same limit that corresponds to the party that has obtained the least number of votes. if two or more parties decide to form a command, the sum of the votes obtained by the participating parties will be considered for the calculation of the specified spending limit. to determine the limit of electoral spending, the political parties must, within three days following the publication of this constitutional reform, register in the registry that the electoral service must compose for this purpose, indicating whether they will participate individually or integrating a command. said body will carry out the respective calculations and publish the limits for electoral spending on its website and in the official gazette, within three days after the expiration of the previous term. political parties may register in one or more of the plebiscite options. in this case, the limit of each option will be calculated based on the number of its representatives who adhere to one or another option. in the case of civil society organizations, the limit of electoral spending, for each plebiscite option, will be the result of multiplying 0.0003 promotion units by the number of eligible voters on the date of the plebiscite call. in the case of independent parliamentarians, the limit on electoral spending for each plebiscite option will be the equivalent to that set for the political party with the lowest spending limit authorized by the electoral service. the resolutions issued by the electoral service by virtue of the provisions of this numeral may be claimed before the election qualifying court within a period of three days from the publication thereof. the election qualifying court will summarily resolve the claim within a period of five days from the date of its respective filing. prohibition of contributions. campaign contributions from foreign individuals or legal entities are prohibited, with the exception of those made by foreigners legally authorized to exercise the right to vote in chile. likewise, campaign contributions from any legal entity incorporated in chile, with the exception of political parties, are prohibited. on electoral propaganda and the principle of transparency. the dissemination of ideas carried out by any means, including digital ones, or communications through web pages, social networks, telephony and emails, made by natural persons exercising freedom of expression, shall not be understood as electoral propaganda. radio stations and journalistic companies of the written press must send to the electoral service, with the frequency determined by the latter through an instruction, the identity and amounts involved of anyone who contracts electoral propaganda with said media. the information will be published on the website of said service, which must be updated daily. the director responsible for a press or radio station that violates the provisions of the preceding paragraphs will be sanctioned with a fine for fiscal benefit of ten to two hundred monthly tax units. the same sanction will be applied to the company that owns or concessionaires the respective broadcasting medium. in addition to the fines that proceed according to this provision, the electoral service must publish on its website the sanctions applied and the identity of the offenders. of electoral propaganda by digital means. contracts entered into by political parties, independent parliamentarians or civil society organizations for the use of digital platforms must be reported by said institutions to the electoral service and published by it. the electoral service may request this information from digital media providers, who must send the electoral service the identity and amounts involved of anyone who hires electoral propaganda, in the manner and deadlines indicated by the electoral service. this information will be published on the website of said service, which must be updated daily. of the sanctions and the procedure. violations of what is established in numbers 1 and 3 of this transitory provision will be sanctioned with a fine of twice to four times the excess of the contribution or the electoral expense made. violations of the provisions of number 4 will be sanctioned with a fine of twice to four times the figures unduly received. the offending legal persons will be sanctioned with a fine of twice to four times the amount illegally contributed. any other violation of this transitory provision that does not have a special penalty will be sanctioned with a fine of ten to one-hundred monthly tax units. knowledge of all the infractions referred to in this transitory provision will correspond to the electoral service, in accordance with its organic law, having to consider for the application of the sanction, among others, the criteria of gradualness, reiteration and proportionality with the amounts involved. in the offense. the resolution of the service that imposes a sanction may be subject to reconsideration and claim resources, in subsidy, before the election qualifying court, within the five days following notification of said resolution. forty-third. on the participation of indigenous peoples in the election of conventional constituents in order to guarantee the representation and participation of the indigenous peoples recognized in law no. 19,253, the constitutional convention will include seventeen seats reserved for indigenous peoples. the seats will only be applicable to the towns recognized in law no. 19,253 as of the date of publication of this reform. indigenous persons who meet the requirements established in article 13 of this constitution may be candidates. candidates must prove their status as belonging to a people, through the corresponding certificate of indigenous status issued by the national corporation for indigenous development. in the case of the candidacies of the chango people, the indigenous status will be accredited by means of a sworn statement as provided in the tenth paragraph of this provision, or the application for indigenous status submitted to the national indigenous development corporation. each candidate will register to represent a single indigenous people to which they belong, within the peoples recognized by article 1 of law no. 19,253. candidates must prove that they have their electoral domicile in the following regions, according to the town to which they belong: to represent the aymara people, in the arica and parinacota, tarapacá or antofagasta regions; to represent the mapuche people, in the metropolitan regions of santiago, coquimbo, valparaíso, liberator general bernardo o'higgins, maule, ñuble, biobío, la araucanía, los ríos, los lagos or aysén general carlos ibáñez del campo; to represent the rapa nui people, in the easter island commune; to represent the quechua people, in the regions of arica and parinacota, tarapacá or antofagasta; to represent the lican antay or atacameño people, in the antofagasta region; to represent the diaguita people, in the atacama or coquimbo regions; to represent the colla people, in the atacama or coquimbo regions; to represent the chango people, in the regions of antofagasta, atacama, coquimbo or valparaíso; to represent the kawashkar people, in the magallanes and chilean antarctic region; to represent the yagán or yámana people, in the magallanes region and the chilean antarctic. the declarations of candidacies will be individual, and, in the case of the mapuche, aimara and diaguita peoples, they must have the sponsorship of at least three communities or five indigenous associations registered with the national corporation for indigenous development or a traditional chiefdom recognized in law no. 19,253, corresponding to the same town as the candidate. representative organizations of indigenous peoples that are not registered may also sponsor candidacies, requiring three of them. said candidacies may also be sponsored by at least one-hundred and twenty signatures of persons who have accredited indigenous status from the same people as sponsored, as provided in the tenth paragraph of this provision. in the other towns, the patronage of a single community, registered association or non-registered indigenous organization will suffice; or, of at least sixty signatures of persons who have accredited the indigenous quality of the same town of the sponsored one, according to the provisions of the tenth paragraph of this provision. the sponsorship must be endorsed by means of an act of the sponsoring assembly called for that purpose, authorized before any of the following ministers of faith: notaries, municipal secretaries or the official to whom they delegate this function, official of the civil registry and identification service, national corporation of indigenous development, or directly before the electoral service, in person or with a unique password. each sponsoring organization may only sponsor one application. the sponsorship of candidacies through signatures, referred to in this provision, may be carried out through an electronic platform provided by the electoral service, which will be accessed after authentication of identity. in this case, the sponsorship of the respective candidacy through electronic means will be understood to have been signed. through this platform, the electoral service will generate the list of sponsors, in a timely manner, for the purposes of declaring the respective candidacy. this platform must comply with the necessary security standards to ensure its proper functioning. for the purposes of guaranteeing parity, each declaration of candidacy must be registered designating an alternative joint candidacy of the opposite sex, and that meets the same requirements of the candidate that it must eventually substitute for reasons of parity. different electoral cards will be drawn up for each of the indigenous peoples recognized in article 1 of law no. 19,253. the card will be printed with the words "conventional constituents and alternative joint candidates of indigenous peoples". the indigenous people to which it corresponds will be indicated below. the names of all the candidates of the respective indigenous people will appear on each card. following the names, and on the same line, the name of the respective alternative joint candidate and the region where the electoral domicile of the incumbent candidate is located will appear in parentheses. the names of the candidates will appear first ordered by region and, within this, in alphabetical order of surnames, starting with women and alternating between men and women. for the purposes of ordering the process, the electoral service will identify the indigenous voters and the people to which they belong, in the register referred to in article 33 of law no. 18,556, constitutional organic on the electoral registration system and electoral service, whose consolidated, coordinated and systematized text was established by decree with force of law no. 5, of the ministry general secretariat of the presidency, of 2017, on the basis of the following information available in the state: a) list of those persons who are included in the national registry of indigenous qualities; b) administrative data that contain the obvious mapuche surnames, in accordance with the provisions of the respective exempt resolution of the director of the national corporation for indigenous development; c) list of indigenous surnames of applicants to the indigenous scholarship program (elementary, middle and higher education) since 1993; d) special indigenous registry for the election of indigenous councilors of the national indigenous development corporation; e) registry of indigenous communities and associations; f) registration for the election of commissioners of the easter island development commission. said list must be published electronically by the electoral service up to eighty days before the election. in the cases of letters a), c), d), e) and f), the information must be delivered by the national corporation for indigenous development to the electoral service within the terms determined by the latter; in the case of letter b), the information must be delivered by the civil registry and identification service, in the same terms. the following may vote indistinctly for the candidates for general conventions of their district or indigenous candidates or candidates of their own town: a) the citizens identified by the electoral service as indigenous voters in accordance with the preceding paragraph; b) citizens who, not appearing on said list, identify themselves as indigenous voters prior to the day of the election, obtaining an authorization from the electoral service for: 1.proving their status as indigenous through a certificate from the national development corporation indigenous who demonstrates their quality as such, or 2.a sworn statement, prepared by the electoral service, where it is expressly indicated that the person declares that they meet any of the conditions established by law no. 19,253 to obtain indigenous status, granted before the following ministers of faith: notaries, municipal secretaries or the official to whom they delegate this function, official of the civil registry and identification service, national indigenous development corporation, or directly before the electoral service, by in person or with a password only. the sworn statements may be delivered to the electoral service until the forty-fifth day before the election by the interested party, or the information thereof must be submitted to the electoral service by the other entities indicated in this subsection. the subsequent accreditation will not proceed in the case of the voters corresponding to the rapa nui people. each voter found in any of the cases indicated in the letters established in the preceding paragraph, may vote only for one candidate from the town to which he belongs, regardless of her domicile. this register will not be binding on the number of seats to be elected, nor will it have purposes other than the mere fact of allowing the vote for indigenous peoples' candidates, within the framework of the election process for conventional constituents. the municipalities and the national corporation for indigenous development may allocate resources and logistical means to facilitate the dissemination and registration of indigenous voters. the seventeen seats reserved for indigenous peoples contemplated in this provision shall be determined by the electoral service, within the one-hundred and fifty-five seats to be elected by virtue of the electoral districts established in article 141 of this constitution. for these purposes, the electoral service must deduct said seats from the electoral districts with greater proportionality of people over 18 years of age declared indigenous with respect to their general population in the last census of 2017, until completing the number of seats established in this provision. however, only one seat per district may be discounted, and no seat will be discounted with respect to the electoral districts that elect three conventional ones. for this discount, the national institute of statistics must deliver to the electoral service the information regarding the total number of persons over 18 years of age who declared themselves indigenous in the last census in each district. the electoral service must determine within a period of five days from the publication of this reform the seats that correspond by virtue of the previous paragraph. the elections of the indigenous representatives for the constitutional convention will be in a single district throughout the country. the allocation of seats will be carried out as follows: the candidate with the most votes corresponding to the mapuche people and whose electoral domicile is in the metropolitan region of santiago, or in the regions of coquimbo, valparaíso, liberator general bernardo o'higgins or maule, will be preliminarily elected. then, the four most voted candidates that correspond to the mapuche people and that have their electoral domicile in the ñuble, biobío or la araucanía regions will be preliminarily elected. next, the two most voted candidates corresponding to the mapuche people and having their electoral domicile in the los ríos, los lagos or aysén regions of general carlos ibáñez del campo will be preliminarily elected. in addition, the two most voted candidates corresponding to the aymara people will be preliminarily elected. for the other towns, one or one conventional constituent will be preliminarily elected, corresponding to the most voted candidate for each one of them. parity between men and women will be guaranteed in the final allocation of seats for conventional constituents representing indigenous peoples, as indicated below: in the case of the mapuche people, if once the candidates have been preliminarily assigned, those of one sex outnumber the other by more than one seat, the substitution by the respective alternative equal candidacy will operate as follows: the candidacy of the overrepresented sex with the lowest vote he will yield his seat to his alternative joint candidacy. this process will be repeated as many times as necessary, until neither sex surpasses the other in one seat. in the case of the aymara people, if the candidates elected with the first majorities were of the same sex, the least voted candidate of those preliminarily elected will be substituted following the same mechanism indicated in the previous paragraph. in the case of the other towns, which will each have only one seat, if added to their seats in the final result, gender balance is not achieved, it must be corrected by substituting the least voted candidate (s) of the overrepresented sex by their alternative equal candidacy until gender balance is achieved. for the purposes of the preceding paragraphs, the least voted candidacy will be understood as the one that is lower in relation to the number of votes obtained and the total number of voters of the corresponding town. in everything else, the common rules applicable to the constituent conventions will apply. forty-fourth notwithstanding to provisions of article 131, for the purposes of article 32 of decree with force of law no. 2, of 2017, of the ministry general secretariat of the presidency, which establishes the consolidated, coordinated and systematized text of law no. 18,700, constitutional organic on popular votes and scrutinies, the total time of the television advertising in the elections of conventional constituents will be distributed among the candidates of indigenous peoples, the independent candidates and the candidates of a political party or pact, in the way that is indicated below. in order to ensure the informed voting of indigenous peoples, there will be an indigenous electoral advertising that will have a total duration equivalent to thirteen percent of the duration established for the advertising of conventional constituents belonging to the general election, distributed proportionally among the various peoples. the time of the advertising will be distributed in the manner provided in the fourth paragraph of article 32 of decree with force of law no. 2, of 2017, of the ministry general secretariat of the presidency, which establishes a consolidated, coordinated and systematized text of law no. 18,700, constitutional organization on popular voting and scrutiny. likewise, for independent candidates in a list of independent candidates or outside of it, additional time will be considered to that contemplated in the first paragraph of article 32 of the aforementioned law for the television slot, excluding independent candidates who are part of political party lists, which will be determined as follows: a second will be determined for each independent candidate on or outside the list of independent candidates, distributed to each candidate in equal parts. independent candidates, whether they are registered on the list of independent candidates or outside of them, may assign the time that corresponds to a list of independent candidates. the national television council will establish the way in which it will be informed of the joint use of time in the electoral window by the lists of independent candidates, as indicated in this literal. this information must be delivered no later than 00:00 hours on the fourth day prior to the start of the electoral advertising. forty-fifth there will be an additional reimbursement of electoral expenses for candidates for seats reserved for indigenous peoples, consisting of 0.01 promotion units for each vote obtained, in application of the norms contained in article 15 of law no. 19,884, constitutional organic on transparency, limit and control of electoral spending act, whose consolidated, coordinated and systematized text was established by decree with force of law no. 3, of the ministry general secretariat of the presidency, of 2017. the entire reimbursement of electoral expenses will always correspond to the candidate or titular candidate. forty-sixth of the participation of the rapa nui people in the election of conventional constituents. in order to guarantee the representation and participation of the rapa nui people in the constitutional convention, in accordance with the provisions of the forty-third transitory provision, only people who have the indigenous quality of said people accredited in the national registry of indigenous qualities of the national corporation for indigenous development or in the registry for the election of commissioners of the development commission of easter island may vote. indigenous persons who meet the requirements established in article 13 of this constitution may be candidates. additionally, they must prove their status as belonging to the rapa nui people, through the corresponding certificate of indigenous quality issued by the national corporation for indigenous development or their membership in the registry for the election of commissioners of the development commission of the island of pascua, and its address in the commune of isla de pascua. regarding the additional reimbursement of electoral expenses for the candidates for conventional rapa nui, the provisions of the preceding forty-fifth transitory provision shall apply. forty-seventh. on the participation of people with disabilities in the election of conventional constituents in order to protect and promote the participation of people with disabilities in the elections of the conventional constituents to draft the new political constitution, of all the declarations of candidacies of the lists made up of a single political party or electoral pacts of political parties, a minimum percentage of five percent of the respective total of candidacies for people with disabilities will be established. to calculate this quotient, this percentage will be approximated to the upper integer. for the purposes of what is indicated in the previous paragraph, the candidates must have the qualification and certification indicated in article 13 of law no. 20,422, on the date of presentation of their candidacies. the civil registry and identification service or, where appropriate, the preventive medicine and disability commissions, dependent on the ministry of health, must provide the electoral service with duly updated data of certified disabled people, within a period of fifteen days runs from the publication of this standard. said information must be updated until the date of submission of the candidatures. likewise, the disability may be accredited through the capacity of assignee of the disability pension of any pension scheme, on the date of presentation of candidatures, in accordance with the records available in the national system of information on safety and health at work of the superintendency of social security, which must provide the electoral service with the data of the assignees within the term provided in the previous paragraph. violation of the provisions of the preceding paragraphs will lead to the rejection of all candidacies declared to the constitutional convention of the respective parties or electoral pacts that have not met these requirements. in case of rejection, said infraction may be corrected before the electoral service within four business days following the date of notification of the resolution on acceptance or rejection of the candidatures, according to the provisions of article 19 of the decree with force of law. no. 2, of the ministry general secretariat of the presidency, of 2017, which establishes the consolidated, coordinated and systematized text of law no. 18,700, constitutional organic law on popular voting and scrutiny. notwithstanding the foregoing, a claim will proceed under the terms of article 20 of the same legal body. in all the rest, the forty-third transitory provision shall govern, as applicable, and the common rules relative to the constituent conventions. forty-eighth the declarations of independent candidacies, whether or not they have been declared by a political party, to the office of mayor or regional governor, which have been rejected by a judicial ruling of the election qualifying court, based on the breach of the requirement established in the thirty-sixth transitory provision of this constitution, they must be registered by the corresponding regional director of the electoral service, in the special registry of candidacies referred to in article 116 of decree with force of law no. 1, of 2006, of the ministry of the interior, which sets the consolidated, coordinated and systematized text of law no. 18,695, constitutional organic of municipalities, and article 93 of decree with force of law no. 1, of 2005, of the ministry of the interior, which establishes the consolidated, coordinated and systematized text of the law nº 19,175, constitutional organic of government and regional administration, as appropriate. said registration must be made within the two days following the date of publication of this constitutional reform. no legal action, recourse or claim will proceed against this registration. the regional directorates of the electoral service must notify the candidates of their registration, within the same period indicated in the previous paragraph, via email. forty-ninth due to the postponement of the next municipal elections, of regional governors and of conventional constituents, the following norms will be applied, as appropriate: electoral campaign contemplated in the regulations applicable to municipal elections, of regional governors and of conventional constituents, shall be suspended, as appropriate, from 24 hours on the day of publication of this constitutional reform and until 24 hours on april 28 of 2021, campaign that will resume on april 29, 2021 until thursday, may 13, 2021, inclusive. notwithstanding what is stated in the preceding paragraph, the following rules will be applicable to electoral propaganda: electoral propaganda may not be carried out during the suspension period indicated in the preceding paragraph, in the terms indicated in articles 31 and 35 of law no. 18,700, constitutional organic law on popular voting and scrutiny, whose consolidated, coordinated and systematized text was established by the decree with force of law no. 2, of 2017, of the ministry general secretariat of the presidency, with the exception of that established in article 36 of said law, provided that it is installed and informed to the electoral service on the date of publication of this reform. during the suspension period, paid advertising may not be carried out in social media, digital platforms, social networks, applications and internet applications. the transmission of the electoral propaganda of candidates for constituent conventionality referred to in article 32 of law no. 18,700, constitutional organic law on popular votes and scrutinies, will be suspended on the day of publication of this constitutional reform, if that day is prior to april 8, 2021. if as a result of the aforementioned suspension there is a remaining number of days to complete the days of transmission referred to in the seventh paragraph of said article 32, the free reception television channels must allocate a number equivalent of days to the remainder, to transmit the electoral propaganda of the constituent conventional candidates, up to and including the third day prior to the election, and under the same terms as those used for broadcasts suspended by virtue of this literal. for the purposes of the provisions of article 34 of law no. 18,700, constitutional organization on popular voting and scrutiny, it will be understood that the term is between february 10, 2021 and until may 13, 2021. during the period between april 8 and may 13, the electoral service, through the channels belonging to the national television association, must report on the process of changing the elections and their new calendar. in relation to the norms of law n ° 19,884, constitutional organic on transparency, limit and control of electoral spending, whose consolidated, coordinated and systematized text was established by decree with force of law n ° 3, of 2017, of the ministry general secretariat of the presidency, during the period of suspension of the electoral campaign indicated in numeral 1, only the electoral expenses indicated in subparagraphs c), d) and f) of the second paragraph of article 2 of said law may be made, excluding those that are related to the provisions of article 38 of law no. 18,700, constitutional organic on popular votes and scrutinies, whose consolidated, coordinated and systematized text was established by the decree with force of law no. 2, of 2017, of the ministry secretariat general of the presidency. only those who are authorized according to the electoral register used for each election, according to the rule indicated below, may exercise their right to vote. without prejudice to the provisions of title ii "on the electoral register and its audit" of law no. 18,556, constitutional organic on the system of electoral registrations and electoral service, whose consolidated, coordinated and systematized text was established by the decree with the force of act no. 5, of 2017, of the ministry general secretariat of the presidency, the electoral register will be used with a definitive character prepared by the electoral service for the election that would originally be held on april 10 and 11, 2021. in order to encourage the participation of the electorate, the inscriptions, updates and modifications of the electoral registry will be resumed, in the case of the primary elections of 2021, the day after the elections of conventional constituents, regional governors and municipal authorities, and until the sixtieth day prior to said primary elections. in the case of the 2021 presidential, parliamentary and regional councilor elections, this resumption will take place as of the day following the elections for conventional constituents, regional governors and municipal authorities and will be suspended one-hundred and forty days prior to the general elections before indicated. the agreements, minutes, resolutions or administrative acts of the competent bodies that were issued or published prior to this constitutional reform, by virtue of the regulations applicable to municipal elections, regional governors and conventional constituents, will continue in force and they will be fully applicable to the elections that take place on may 15 and 16, 2021, except those that by virtue of this provision are modified, in the sense indicated. notwithstanding provisions of the second paragraph of article 3 of law no. 20,640, which establishes the system of primary elections for the nomination of candidates for president of the republic, parliamentarians, regional governors and mayors, whose consolidated text, coordinated and systematized was established by the decree with force of law no. 1, of 2017, of the ministry general secretariat of the presidency, for the only time, the primary election referred to in this article will be held on july 18, 2021 . unpaid leave requested by candidates who are public officials, who are on a permanent basis, contract, fees or labor code, will be understood to be extended until may 17, unless the worker wishes to the contrary. for the purposes of the provisions of articles 156 and 157 of law no. 10,336, on organization and powers of the office of the comptroller general of the republic, whose coordinated, systematized and consolidated text was established by decree no. 2,421, of 1964, of the ministry of the treasury, it will be understood that the thirty-day terms referred to in said articles will run from march 12, 2021 until the day of the election. the candidate who is making use of a legal holiday that expires before may 15, 2021 may request, before its term, the leave without remuneration in the terms indicated in the first paragraph. however, the candidates who are public officials and who, on the date of publication of this reform, are making use of their legal holiday, may suspend it, without expression of cause, resuming their work in their places of work, from the day after this constitutional reform is published. the balance of legal holidays that was computed in their favor may be used again, as of april 29, 2021, once the campaign period resumes. private sector employers whose workers have requested to postpone leave without pay may not reject the request. in no case may this postponement be invoked as a basis for dismissal. the publication referred to in the first paragraph of article 30 of law no. 18,700, constitutional organic on popular votes and scrutinies act, whose consolidated, coordinated and systematized text was established by decree with force of law no. 2, of 2017, of the ministry general secretariat of the presidency, it will be done only once for the elections regulated in this constitutional reform, on the date established by the electoral service. fiftieth without prejudice to the provisions of article 65, fourth paragraph, number 6, exceptionally, and to mitigate the social effects derived from the constitutional state of exception of catastrophe due to public calamity decreed because of covid-19, the affiliates of the private system are authorized of pensions governed by decree law no. 3,500, of 1980, to voluntarily and exceptionally make a new withdrawal of up to 10 percent of the funds accumulated in their individual capitalization account of mandatory contributions, establishing as the maximum withdrawal amount the equivalent of 150 development units and a minimum of 35 development units. in the event that 10 percent of the accumulated funds is less than 35 units of development, the affiliate may withdraw up to said amount. in the event that the funds accumulated in their individual capitalization account are less than 35 units of promotion, the affiliate may withdraw all of the funds accumulated in said account. the funds withdrawn will be considered extraordinarily intangible for all legal purposes, and will not be subject to retention, discount, legal or contractual compensation, embargo or any form of judicial or administrative affectation, nor may it be reduced from the amount already decreed of economic compensation in a divorce trial, without prejudice to the right of legal subrogation of the alimony or its representative and the retention, suspension and seizure of debts originated by maintenance obligations in accordance with the provisions of law no. 21,254. in order to demand the payment of debts originated by maintenance obligations, the maintenance creditor, personally or through his legal representative or guardian ad litem, will be understood to be subrogated, by the sole ministry of the law, in the rights of the obligor debtor, to make the request for withdrawal of pension funds accumulated in your individual capitalization account of mandatory contributions governed by decree law no. 3,500, of 1980, which allows this reform, law no. 21,295 and law no. 21,248, up to the entirety of the debt. in the event that there are several alimonies in different causes and the funds authorized to withdraw are not sufficient for the payment of each alimony debt, the court that hears the oldest cause in force in which withholding was decreed must prorate, to determine the amount of each maintenance debt that will be paid with the fund withdrawn by subrogation of the obligor member or voluntarily. if the maintenance debts are lower than the fund that this article authorizes to withdraw, the affiliate will not lose his right with respect to the remainder. the pension fund administrators, within three business days, must inform the courts of the email (s) that the affiliates have registered with said institutions to request the withdrawal of pension funds authorized by this constitution. the court must notify the member by e-mail of all resolutions issued in the case, within three business days from when such request was made. for all legal purposes, this notification will be understood to have been made on the same day it is dispatched. the delivery of the funds withheld for maintenance debts will be made within the following ten business days counted from the expiration of the term that the obligor has to oppose the settlement; or, if there has been opposition, since the resolution that is pronounced on it is firm and enforceable. in the event that the total debt exceeds the maximum amount of withdrawal allowed, the subrogation will be authorized up to that amount. once the subrogation is authorized, the judge, ex officio, must settle the debt, prorate it if necessary, and indicate the data of the bank account that it has determined or determines for the purpose of paying the withdrawal. once the liquidation has been executed and its apportionment, if applicable, the food or whoever represents it may go directly to the respective pension fund administrator, which must accept the withdrawal request with the sole display of a simple copy of the sentence that authorizes the subrogation and the liquidation of the credit, and the certificate that had it as executed. notwithstanding the provisions of the preceding paragraph, the resolution ordering the payment with funds accumulated in the individual capitalization account of mandatory contributions of the obligor for the withdrawal amounts authorized by both this reform and by law no. 21,248, which are withheld by court order, in accordance with the provisions of the aforementioned legal texts, must indicate the specific amount that orders to pay for alimony accrued and owed, identify the bank account to which the pension fund administrator must make the transfer, and expressly indicate the term in which the aforementioned administrator must proceed with the payment. likewise, said resolution will include the order to raise the respective withholding measure with respect to the amounts withheld that exceed the amount for which the payment is ordered, with further indication that said lift does not start with respect to other withholding orders that may exist. been decreed in other cases on the same amounts of individual capitalization of mandatory contributions of the obligor. the court will order that the resolution providing for the payment be notified to the respective pension fund administrator in the shortest time and by electronic means. for its part, the resolution will be understood to be notified to the parties of the process as soon as it is included in the electronic daily statement available on the website of the judiciary, in accordance with article 50 of the code of civil procedure. the pension fund administrator must make the transfer to the bank account indicated in the resolution within a period of no more than ten business days, counted from the date it is notified. if two or more withholding orders have been issued with respect to the funds accumulated in the individual capitalization account of mandatory contributions for the withdrawal amounts authorized by both this reform and by law no. 21,248, and said funds are not sufficient for payment of each food debt, they will concur on this amount in the same proportion of each credit on the total sum of the debts. for this, the judge of each case may order, without distinction, the payment of each credit up to the amount corresponding to the respective proportion. for this, he must always consult in advance about the amounts of the other debts to the courts that have issued the other withholding orders and will record said antecedents and the calculation of the proportion in the resolution ordering payment. likewise, it must expressly indicate in it that the lifting of the respective withholding measure with respect to the amounts withheld that exceed the amount for which payment is ordered does not start with respect to the other withholding orders that have been decreed in other causes with respect to the same amounts of individual capitalization of mandatory contributions of the obligor. the withdrawn funds to which this transitory provision refers will not constitute income or remuneration for any legal effect and, consequently, will be paid in full and will not be subject to any commissions or discounts by the pension fund administrators. members may request this withdrawal of their funds up to 365 days after the publication of this reform, regardless of the validity of the constitutional state of emergency of catastrophe decreed. the affiliates will be able to make the request for this withdrawal of funds on a platform with digital, telephone and face-to-face support provided by the pension fund administrators, ensuring an efficient process without delays. the funds that in application of this provision correspond to the affiliate will be automatically transferred to "account 2" without administration or insurance commission or any cost to him, or to a bank account or financial institutions and compensation funds, as determined the affiliate. withdrawals made in accordance with this provision will be compatible with direct transfers, benefits, financing alternatives and, in general, the economic measures that the law or regulations establish due to covid-19. the withdrawal of funds may not be considered for the calculation of the other measures adopted due to the crisis or vice versa. any person who belongs to said system, including those who are beneficiaries of an old-age, disability or survivorship pension, will be considered affiliated to the private pension system governed by decree law no. 3,500, of 1980. the funds accumulated and authorized to be withdrawn will be delivered within a maximum period of fifteen business days, counted from the presentation of the request to the respective pension fund administrator. the implementation of the fund transfer system and other measures that are carried out by virtue of this provision will have no cost for the affiliates. in addition, the pension fund administrators must send to the superintendency of pensions, and to the central bank when appropriate, any information on compliance with the measures that are carried out as a result of the application of this provision. the observance, supervision and sanction of the obligations of the pension fund administrators contained in this provision will correspond to the competent authority within its legal attributions. as of the publication in the official gazette of this reform and up to the following 365 days, pensioners or their life annuity beneficiaries may, once and voluntarily, advance the payment of their annuities up to an equivalent amount to ten percent of the value corresponding to the technical reserve that the pensioner maintains in the respective insurance company to cover the payment of their pensions, with a maximum limit of one-hundred and fifty development units. the withdrawal made by pensioners or their beneficiaries who choose to request it, will be charged to the monthly amount of their future life annuities, pro rata, in proportion and in the same percentage as that representing the amount effectively withdrawn. the rules regarding the intangibility and nature of these resources, the processing of the application, the payment of unpaid alimony pensions and the informing of the corresponding authorities, including the financial market commission, contained in the preceding paragraphs of this provision, will be applicable to requests for advances made by pensioners or their beneficiaries for life annuities. however, the payment of the requested funds will be made to the pensioner or the beneficiaries of it within a maximum period of thirty calendar days, counted from the receipt of the request. the commission for the financial market shall issue the necessary instructions for the application of the preceding paragraphs. the application procedure, the exemption from all types of levies and taxes and the other regulations, which do not oppose this article, shall be adjusted to the provisions of the thirty-ninth transitory provision of this constitution. the procedure to demand the payment of debts originated by maintenance obligations will be subject to the law. persons whose income or remuneration is regulated in accordance with the provisions of article 38 bis of this constitution, with the exception of paid workers, shall be prevented from requesting the retirement referred to in this provision. for purposes of verifying the above, at the time of making the request, the member must submit to the respective pension fund administrator a simple sworn statement in which he realizes that he is not in the situation described. those who have exercised the right established in this provision may increase by one percentage point the mandatory contribution indicated in article 17 of decree law no. 3,500, of 1980, to 11 percent of their remuneration and taxable income, for a minimum period of one year from the month following the one in which they communicate the decision to the pension fund manager to which they are affiliated, and up to the term they deem pertinent, and they must also notify the manager of their decision to reverse the increase in the contribution . this additional contribution will be governed by all the provisions applicable to the mandatory legal contribution. notwithstanding the foregoing, those who have exercised the right to withdrawal established in this provision, may receive a tax contribution to the individual account for each year in which the pension is postponed. the amount of the tax contribution established in this subsection and the way it will be received will be determined in a qualified quorum statute. preamble whereas the people of grenada have affirmed that their nation is founded upon principles that acknowledge the fatherhood and supremacy of god and man’s duties toward his fellow man; recognise that, inasmuch as spiritual development is of supreme importance to human existence, and the highest expression thereof, it is their aspiration to serve that end with all their strength and resources; firmly believe in the dignity of human values and that all men are endowed by the creator with equal and inalienable rights, reason, and conscience; that rights and duties are correlatives in every social and political activity of man; and that while rights exalt individual freedom, duties express the dignity of that freedom; express their respect for the rule of law; and since moral conduct constitutes the noblest flowering of their culture and their plural heritage, regard it as the duty of every man always to hold it in high respect; reiterate that the ideal of free men enjoying freedom from fear and want can be best achieved if conditions are created whereby everyone may enjoy his economic, social and political, civil and cultural rights; desire that their constitution should reflect the above mentioned principles and beliefs which represent those high ideals upon which their nation is founded, and make provision for ensuring the protection in grenada of fundamental rights and freedoms: now, therefore, the following provisions shall have effect as the constitution of grenada:chapter i. protection of fundamental rights and freedoms 1. fundamental rights and freedoms whereas every person in grenada is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namelylife, liberty, security of the person and the protection of the law; freedom of conscience, of expression and of assembly and association; protection for the privacy of his home and other property and from deprivation of property without compensation; and the right to work, the provisions of the chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in these provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the rights and freedoms of others or the public interest. 2. protection of right to life no person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence under the law of grenada of which he has been convicted. a person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of force such as is reasonably justifiablefor the defence of any person from violence or for the defence of property; in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; for the purpose of suppressing a riot, insurrection or mutiny; or in order to prevent the commission by that person of a criminal offence, or if he dies as the result of a lawful act of war. 3. protection of right to personal liberty no person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say:in execution of the sentence or order of a court, whether established for grenada or some other country, in respect of a criminal offence of which he has been convicted; in execution of the order of the high court or the court of appeal punishing him for contempt of that court or of another court or tribunal; in execution of the order of a court made to secure the fulfilment of any obligation imposed on him by law; for the purpose of bringing him before a court in execution of the order of a court; upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law of grenada; under the order of a court or with the consent of his parent or guardian, for his education or welfare during any period ending not later than the date when he attains the age of eighteen years; for the purpose of preventing the spread of an infectious or contagious disease; in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community; for the purpose of preventing the unlawful entry of that person into grenada, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from grenada or for the purpose of restricting that person while he is being conveyed through grenada in the course of his extradition or removal as a convicted prisoner from one country to another; or to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within grenada, or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person with a view to the making of any such order or relating to such an order after it has been made, or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of grenada in which, in consequence of any such order, his presence would otherwise be unlawful. any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he understands, of the reasons for his arrest or detention. any person who is arrested or detainedfor the purpose of bringing him before a court in execution of the order of a court; or upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law of grenada, and who is not released, shall be brought without undue delay before a court. where any person is brought before a court in execution of the order of a court in any proceedings or upon suspicion of his having committed or being about to commit an offence, he shall not be thereafter further held in custody in connection with those proceedings or that offence save upon the order of a court. if any person arrested or detained as mentioned in subsection (3) (b) of this section is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial. any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person or from any other person or authority on whose behalf that other person was acting. for the purposes of subsection (1) (a) of this section a person charged before a court with a criminal offence under the law of grenada in respect of whom a special verdict has been returned that he was guilty of the act or omission charged but was insane when he did the act or made the omission shall be regarded as a person who has been convicted of a criminal offence, and the detention of that person in consequence of such a verdict shall be regarded as detention in execution of the order of a court. 4. protection from slavery and forced labour no person shall be held in slavery or servitude. no person shall be required to perform forced labour. for the purposes of this section, the expression “forced labour” does not includeany labour required in consequence of the sentence or order of court; labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained; any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service; any labour required during any period of public emergency or in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation. 5. protection from inhuman treatment no person shall be subjected to torture or to inhuman or degrading punishment or other treatment. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorises the infliction of any description of punishment that was lawful in grenada immediately before the coming into operation of this constitution. 6. protection from deprivation of property no property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except where provision is made by a law applicable to that taking of possession or acquisition for the prompt payment of full compensation. every person having an interest in or right over property which is compulsorily taken possession of or whose interest in or right over any property is compulsorily acquired shall have a right of direct access to the high court forthe determination of his interest or right, the legality of the taking of possession or acquisition of the property, interest or right and the amount of any compensation to which he is entitled and the purpose of obtaining prompt payment of that compensation: provided that if parliament so provides in relation to any matter referred to in paragraph (a) of this subsection the right of access shall be by way of appeal (exercisable as of right at the instance of the person having the interest in or right over the property) from a tribunal or authority, other than the high court, having jurisdiction under any law to determine that matter. the chief justice may make rules with respect to the practice and procedure of the high court or any other tribunal or authority in relation to the jurisdiction conferred on the high court by subsection (2) of this section or exercisable by the other tribunal or authority for the purposes of that subsection (including rules with respect to the time within which applications or appeals to the high court or applications to the other tribunal or authority may be brought). no person who is entitled to compensation under this section shall be prevented from remitting, within a reasonable time after he has received any amount of that compensation, the whole of that amount (free from any deduction, charge or tax made or levied in respect of its remission) to any country of his choice outside grenada. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (4) of this section to the extent that the law in question authorisesthe attachment, by order of a court, of any amount of compensation to which a person is entitled in satisfaction of the judgment of a court or pending the determination of civil proceedings to which he is a party; or the imposition of reasonable restrictions on the manner in which any amount of compensation is to be remitted. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) of this sectionto the extent that the law in question makes provision for the taking of possession or acquisition of any property, interest or rightin satisfaction of any tax, rate or due; by way of penalty for breach of the law or forfeiture in consequence of a breach of the law; as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract; in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations; in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or likely to be injurious to the health of human beings, animals or plants; in consequence of any law with respect to the limitation of actions; or for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, for the purposes of the carrying out thereon of work of soil conservation or the conservation of other natural resources or work relating to agricultural development or improvement (being work relating to such development or improvement that the owner or occupier of the land has been required, and has without reasonable excuse refused or failed, to carry out), and except so far as that provision or, as the case may be, the thing done under the authority thereof if shown not to be reasonably justifiable in a democratic society; or to the extent that the law in question makes provision for the taking of possession or acquisition of any of the following property (including an interest in or right over property), that is to sayenemy property; property of a deceased person, a person of unsound mind or a person who has not attained the age of eighteen years, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein; property of a person adjudged bankrupt or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the bankrupt or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; or property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust. nothing contained in or done under the authority of any law enacted by parliament shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision for the compulsory taking of possession of any property, or the compulsory acquisition of any interest in or right over property, where that property, interest or right is held by a body corporate established by law for public purposes in which no monies have been invested other than monies provided by parliament or by any other legislature established for grenada. 7. protection from arbitrary search or entry except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provisionsthat is reasonably required in the interests of defence, public safety, public order, public morality, public health, town and country planning, the development and utilisation of mineral resources or the development or utilisation of any property for a purpose beneficial to the community; that is reasonably required for the purpose of protecting the rights or freedoms of other persons; that authorises an officer or agent of the government of grenada, a local government authority or a body corporate established by law for public purposes to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or due or in order to carry out work connected with any property that is lawfully on those premises and that belongs to that governments, authority or body corporate, as the case may be; or that authorises, for the purpose of enforcing the judgment or order of a court in any civil proceedings, the search of any person or property by order of a court or entry upon any premises by such order, and except so far as that provision or, as the case may be, anything done under the authority thereof is shown not to be reasonably justifiable in a democratic society. 8. provisions to secure protection of law if any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law. every person who is charged with a criminal offenceshall be presumed to be innocent until he is proved or has pleaded guilty; shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence charged; shall be given adequate time and facilities for the preparation of his defence; shall be permitted to defend himself before the court in person or, at his own expense, by a legal representative of his own choice; shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge, and except with his own consent the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence: provided that, in such circumstances as may be prescribed by law, the trial may take place in the absence of the person charged so long as no punishment of death or imprisonment (other than imprisonment in default of payment of a fine) is awarded in the event of his conviction. when a person is tried for any criminal offence, the accused person or any person authorised by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court. no person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed. no person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal. no person shall be tried for a criminal offence if he shows that he has been pardoned for that offence. no person who is tried for a criminal offence shall be compelled to give evidence at the trial. any court or other authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other authority, the case shall be given a fair hearing within a reasonable time. except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other authority, including the announcement of the decision of the court or other authority, shall be held in public. nothing in subsection (9) of this section shall prevent the court or other authority from excluding from the proceedings persons other than the parties thereto and their legal representatives to such extent as the court or other authoritymay by law be empowered to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory proceedings or in the interests of public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings; or may by law be empowered or required to do in the interests of defence, public safety or public order. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention ofsubsection (2) (a) of this section to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts; subsection (2) (e) of this section to the extent that the law in question imposes reasonable conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or subsection (5) of this section to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law. in the case of any person who is held in lawful detention the provisions of subsection (1), paragraphs (d) and (e) of subsection (2) and subsection (3) of this section shall not apply in relation to his trial for a criminal offence under the law regulating the discipline of persons held in such detention. in this section “criminal offence” means a criminal offence under the law of grenada. 9. protection of freedom of conscience except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, including freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance. except with his own consent (or, if he is a person under the age of eighteen years, the consent of his guardian) no person attending any place of education shall be required to received religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion other than his own. every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education which it wholly maintains; and no such community shall be prevented from providing religious instruction for persons of that community in the course of any education provided at any places of education which it wholly maintains or in the course of any education which it otherwise provides. no person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision which is reasonably requiredin the interests of defence, public safety, public order, public morality or public health; or for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion without the unsolicited intervention of members of any other religion, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. references in this section to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly. 10. protection of freedom of expression except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provisionthat is reasonably required in the interests of defence, public safety, public order, public morality or public health; that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts or regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless broadcasting or television; or that imposes restrictions upon public officers, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. 11. protection of freedom of assembly and association except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his interests. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provisionthat is reasonably required in the interests of defence, public safety, public order, public morality or public health; that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or that imposes restrictions upon public officers, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. 12. protection of freedom of movement no person shall be deprived of his freedom of movement, that is to say, the right to move freely throughout grenada, the right to reside in any part of grenada, the right to enter grenada, the right to leave grenada and immunity from expulsion from grenada. any restriction on a person’s freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this section. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provisionfor the imposition of restrictions on the movement or residence within grenada of any person or on any person’s right to leave grenada that are reasonably required in the interests of defence, public safety or public order; for the imposition of restrictions on the movement or residence within grenada or on the right to leave grenada of persons generally or any class of persons in the interests of defence, public safety, public order, public morality or public health and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society; for the imposition of restrictions, by order of a court, on the movement or residence within grenada of any person or on any person’s right to leave grenada either in consequence of his having been found guilty of a criminal offence under the law of grenada or for the purpose of ensuring that he appears before a court at a later date for trial of such a criminal offence or for proceedings preliminary to trial or for proceedings relating to his extradition or lawful removal from grenada; for the imposition of restrictions on the freedom of movement of any person who is not a citizen of grenada; for the imposition of restrictions on the acquisition or use by any person of land or other property in grenada; for the imposition of restrictions upon the movement or residence within grenada or on the right to leave grenada of any public officer; for the removal of a person from grenada to be tried or punished in some other country for a criminal offence under the law of that other country or to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offence under the law of grenada of which he has been convicted; or for the imposition of restrictions on the right of any person to leave grenada that are reasonably required in order to secure the fulfilment of any obligations imposed on that person by law and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. if any person whose freedom of movement has been restricted by virtue of such a provision as is referred to in subsection (3) (a) of this section so requests at any time during the period of that restriction not earlier than three months after the order was made or three months after he last made such a request, as the case may be, his case shall be reviewed by an independent and impartial tribunal presided over by a person appointed by the chief justice from among persons who are entitled to practise as a barrister or a solicitor in grenada. on any review by a tribunal in pursuance of subsection (4) of this section of the case of any person whose freedom of movement has been restricted, the tribunal may make recommendations concerning the necessity or expediency of the continuation of that restriction to the authority by whom it was ordered and, unless it is otherwise provided by law, that authority shall be obliged to act in accordance with any such recommendations. 13. protection from discrimination on the grounds of race, etc subject to the provisions of subsections of subsections (4), (5) and (7) of this section, no law shall make any provision that is discriminatory either of itself or in its effect. subject to the provisions of subsections (6), (7) and (8) of this section, no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority. in this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour, creed or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description. subsection (1) of this section shall not apply to any law so far as that law makes provisionfor the appropriation of public revenues or other public funds; with respect to persons who are not citizens of grenada; or whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society. nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to race, place of origin, political opinions, colour, creed or sex) to be required of any person who is appointed to or to act in any office in the public service. any office in a disciplined force, any office in the service of a local government authority or in any office in a body corporate established by law for public purposes. subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (4) or subsection (5) of this section. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 7, 9, 10, 11 and 12 of this constitution, being such a restriction as is authorised by section 7(2), section 9(5), section 10(2), section 11(2) or paragraph (a), (b) or (h) of section 12(3), as the case may be. nothing in subsection (2) of this section shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this constitution or any other law. 14. derogations from fundamental rights and freedoms under emergency powers nothing contained in or done under the authority of a law enacted by parliament shall be held to be inconsistent with or in contravention of section 3 or section 13 of this constitution to the extent that the law authorises the taking during any period of public emergency of measures that are reasonably justifiable for dealing with the situation that exists in grenada during that period. 15. protection of persons detained under emergency laws when a person is detained by virtue of any such law as is referred to in section 14 of this constitution the following provisions shall apply, that is to say:he shall, as soon as reasonably practicable and in any case not more than seven days after the commencement of his detention, be furnished with a statement in writing in a language that he understands specifying in detail the grounds upon which he is detained; not more than fourteen days after the commencement of his detention, a notification shall be published in the official gazette stating that he has been detained and giving particulars of the provision of law under which his detention is authorised; not more than one month after the commencement of his detention and thereafter during his detention at intervals of not more than six months, his case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the chief justice from among persons who are entitled to practise as a barrister or a solicitor in grenada; he shall be afforded reasonable facilities to consult a legal representative of his own choice who shall be permitted to make representations to the tribunal appointed for the review of the case of the detained person; and at the hearing of his case by the tribunal appointed for the review of his case he shall be permitted to appear in person or by a legal representative of his own choice. on any review by a tribunal in pursuance of this section of the case of a detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by which it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations. nothing contained in subsection (1) (d) or subsection (1) (e) of this section shall be construed as entitling a person to legal representation at public expense. 16. enforcement of protective provisions if any person alleges that any of the provisions of sections 2 to 15 (inclusive) of this constitution has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the high court for redress. the high court shall have original jurisdictionto hear and determine any application made by any person in pursuance of subsection (1) of this section; and to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3) of this section and may make such declarations or orders, issue such writs and give such direction as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of section 2 to 15 (inclusive) of this constitution: provided that the high court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law. if in any proceedings in any court (other than the court of appeal, the high court or a court martial) any question arises as to the contravention of any of the provisions of section 2 to 15 (inclusive) of this constitution, the person presiding in that court may, and shall if any party to the proceedings so request, refer the question to the high court unless, in his opinions, the raising of the question is merely frivolous or vexatious. where any question is referred to the high court in pursuance of subsection (3) of this section, the high court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal to the court of appeal or to her majesty in council, in accordance with the decision of the court of appeal or, as the case may be, of her majesty in council. parliament may confer upon the high court such powers in addition to those conferred by this section as may appear to be necessary or desirable for the purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by this section. the chief justice may make rules with respect to the practice and procedure of the high court in relation to the jurisdiction and powers conferred on it by or under this section (including rules with respect to the time within which applications may be brought and references shall be made to the high court). 17. declaration of emergency the governor-general may, by proclamation which shall be published in the gazette, declare that a state of emergency exists for the purposes of this chapter. every declaration of emergency shall lapsein the case of a declaration made when parliament is sitting, at the expiration of a period of seven days beginning with the date of publication of the declaration; and in any other case, at the expiration of a period of twenty-one days beginning with the date of publication of the declaration unless it has in the meantime been approved by a resolution of both houses of parliament. a declaration of emergency may at any time be revoked by the governor-general by proclamation which shall be published in the gazette. a declaration of emergency that has been approved by a resolution of the houses of parliament in pursuance of subsection (2) of this section shall, subject to the provisions of subsection (3) of this section, remain in force so long as the resolution of both those houses remains in force and no longer. a resolution of a house of parliament passed for the purposes of this section shall remain in force for six months or such shorter period as may be specified therein: provided that any such resolution may be extended from time to time by a further such resolution, each extension not exceeding six months from the date of the resolution effecting the extension; and any such resolution may be revoked at any time by a resolution of that house. a resolution of a house of parliament for the purposes of subsection (2) of this section and a resolution of a house extending any such resolution shall not be passed unless it is supported by the votes of a majority of all the members of the house. any provision of this section that a declaration of emergency shall lapse or cease to be in force at any particular time is without prejudice to the making of a further such declaration whether before or after that time. the governor-general may summon the houses of parliament to meet for the purposes of subsection (2) of this section notwithstanding that parliament then stands dissolved, and the persons who were members of the senate and the house of representatives immediately before the dissolution shall be deemed, for those purposes, still to be members of those houses but, subject to the provisions of sections 28(3) and 34(4) of this constitution (which relate to the election of the president of the senate and the speaker of the house of representatives), a house of parliament shall not, when summoned by virtue of this subsection, transact any business other than debating and voting upon a resolution for the purposes of subsection (2) of this section. 18. interpretation and savings in this chapter, unless the context otherwise requires“contravention”, in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly; “court” means any court of law having jurisdiction in grenada other than a court established by a disciplinary law, and includes her majesty in council and in sections 2 and 4 of this constitution a court established by a disciplinary law; “disciplinary law” means a law regulating the discipline of any disciplined force; “disciplined force” meansa naval, military or air force; the police force; or a prison service; “legal representative” means a person entitled to be in or to enter grenada and entitled to practise as a barrister in grenada or, except in relation to proceedings before a court in which a solicitor has no right of audience, entitled to practise as a solicitor in grenada; “member”, in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline. in this chapter “a period of public emergency” means any period during whichher majesty is at war; or a declaration of emergency is in force under section 17 of this constitution. in relation to any person who is a member of a disciplined force raised under a law enacted by parliament or by any other legislature established for grenada, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this chapter other than sections 2, 4 and 5 of this constitution. in relation to any person who is a member of a disciplined force raised otherwise than as aforesaid, and lawfully present in grenada, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this chapter. chapter ii. governor-general 19. establishment of office of governor-general there shall be a governor-general of grenada who shall be appointed by her majesty and shall hold office during her majesty’s pleasure and who shall her majesty’s representative in grenada. 20. oaths to be taken by governor-general a person appointed to hold the office of governor-general shall, before entering upon the duties of that office, take and subscribe the oath of allegiance and the oath of office. 21. acting governor-general during any period when the office of governor-general is vacant or the holder of the office of governor-general is absent from grenada or is for any other reason unable to perform the functions of his office those functions shall be performed by such person as her majesty may appoint. before assuming the functions of the office of governor-general any such person as aforesaid shall make the oaths directed by section 20 of this constitution to be made by the governor-general. any such person as aforesaid shall not continue to perform the functions of the office of governor-general or some other person having a prior right to perform the functions of that office has notified him that he is about to assume or resume those functions. the holder of the office of governor-general shall not, for the purposes of this section, be regarded as absent from grenada or as unable to perform the functions of his officeby reason that he is in passage from one part of grenada to another; or at any time when there is a subsisting appointment of a deputy under section 22 of this constitution. 22. deputy to governor-general whenever the governor-generalhas occasion to be absent from the seat of government but not from grenada; has occasion to be absent from grenada for a period which he considers, acting in his own deliberate judgment, will be of short duration; or is suffering from an illness which he considers, acting in his own deliberate judgment, will be of short duration, he may, acting in accordance with the advice of the prime minister, appoint any person in grenada to be his deputy during such absence or illness and in that capacity to perform on his behalf such of the functions of the office of governor-general as may be specified in the instrument by which he is appointed. the power and authority of the governor-general shall not be abridged, altered or in any way affected by the appointment of a deputy under this section, and, subject to the provisions of this constitution, a deputy shall conform to and observe all instructions that the governor-general, acting in his own deliberate judgment, may from time to time address to him: provided that the question whether or not a deputy has conformed to and observed any such instructions shall not be enquired into by any court of law. a person appointed as deputy under this section shall hold that appointment for such period as may be specified in the instrument by which he is appointed, and his appointment may be revoked at any time by the governor-general, acting in accordance with the advice of the prime minister. chapter iii. parliament part i. composition of parliament 23. establishment of parliament there shall be a parliament of grenada which shall consist of her majesty, a senate and a house of representatives. the senate 24. composition of senate the senate shall consist of thirteen members (in this constitution referred to as “senators”) who shall be appointed by the governor-general in accordance with this section. of the senatorsseven shall be appointed by the governor-general, acting in accordance with the advice of the prime minister; three shall be appointed by the governor-general, acting in accordance with the advice of the leader of the opposition; and three shall be appointed by the governor-general, acting in accordance with the advice of the prime minister after the prime minister has consulted the organisations or interests which the prime minister considers the senators should be selected to represent. 25. qualifications for appointment as senator subject to the provisions of section of this constitution, a person shall be qualified to be appointed as a senator if, and shall not be so qualified unless, heis a commonwealth citizen who has attained the age of eighteen years; has either resided in grenada for a period of twelve months immediately before the date of his appointment or is domiciled and resident in grenada at that date; and is able to speak and, unless incapacitated by blindness or other physical cause, to read the english language with sufficient proficiency to enable him to take an active part in the proceedings of the senate. 26. disqualifications for appointment as senator no person shall be qualified to be appointed as a senator if heis, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state; is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in grenada; is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in grenada; is under sentence of death imposed on him by a court in any part of the commonwealth or is serving a sentence of imprisonment (by whatever named called) exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended; subject to such exceptions and limitations as may be prescribed by parliament, he has any such interest in any such government contract as may be prescribed. parliament may provide that a person who is convicted by any court of any offence that is prescribed by parliament and that is connected with the election of members of the house of representatives or is reported guilty of such an offence by the court trying an election petition shall not be qualified, for such period (not exceeding five years) following his conviction or, as the case may be, following the report of the court as may be so prescribed, to be appointed as a senator. no person shall be qualified to be appointed as a senator who is a member of the house of representatives. parliament may provide that, subject to such exceptions and limitations (if any) as parliament may prescribe, a person shall not be qualified to be appointed as a senator if,he holds or is acting in any office or appointment (either individually or by reference to a class of public office or appointment); he belongs to any of the armed forces of the crown or to any class of person that is comprised in any such force; or he belongs to any police force or to any class of person that is comprised in any such force. for the purposes of paragraph (d) of subsection (1) of this sectiontwo or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds twelve months, but if any one of such sentences exceeds that term they shall be regarded as one sentence; and no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine. in paragraph (e) of subsection (1) of this section “government contract” means any contract made with the government of grenada or with a department of that government or with an officer of that government contracting as such. 27. tenure of office of senators a senator shall vacate his seat in the senate at the next dissolution of parliament after his appointment. a senator shall also vacate his seat in the senateif he is absent from the sittings of the senate for such period and in such circumstances as may be prescribed in the rules of procedure of the senate; if he ceases to be a commonwealth citizen; if, with his consent, he is nominated as a candidate for election to the house of representatives or if he is elected to be a member of that house; subject to the provisions of subsection (3) of this section, if any other circumstances arise that, if he were not such a member, would cause him to be disqualified to be appointed as such by virtue of subsection (1) of section 26 of this constitution or of any law enacted in pursuance of subsection (2) or (4) of that section; or if the governor-general, acting in accordance with the advice of the prime minister in the case of a senator appointed under paragraph (a) or (c) of subsection (2) of section 24 of this constitution or in accordance with the advice of the leader of the opposition in the case of a senator appointed under paragraph (b) of that subsection, declares the seat of that senator to be vacant. 3 if any circumstances such as are referred to in paragraph (d) of subsection (2) of this section arise because any senator in under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of an offence relating to elections and if it is open to the senator to appeal against the decision (either with the leave of a court or other authority or without such leave), he shall forthwith cease to perform his functions as a senator but, subject to the provisions of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafter: provided that the president of the senate may, at the request of the senator, from time to time, extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the senate. if, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the member or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the senator to appeal, he shall forthwith vacate his seat. if at any time before the senator vacates his seat such circumstances aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (a) of this subsection and he may resume the performance of his functions as a senator. 28. president and deputy president of senate when the senate first meets after it has been dissolved and before it proceeds to the despatch of any other business, it shall elect a senator, not being a minister or a parliamentary secretary, to be president of the senate; and whenever the office of president is vacant otherwise than by reason of a dissolution of the senate, the senate shall elect another senator to fill that office. when the senate first meets or after it has been dissolved, it shall, as soon as practicable, elect a senator, not being a minister or a parliamentary secretary, to be deputy president; and whenever the office of deputy president becomes vacant, the senate shall, as soon as convenient, elect another senator to fill that office. no business shall be transacted in the senate (other than the election of a president) at any time when the office of president is vacant. a person shall vacate the office of president or deputy president of the senateif he ceases to be a senator: provided that the president shall not vacate his office by reason only that he has ceased to be a senator on a dissolution of parliament until the senate first meets after that dissolution; if he is appointed to be a minister or a parliamentary secretary; or in the case of the deputy president, if he is elected to be president. 5 if, by virtue of section 27(3) of this constitution, the president or deputy president of the senate is required to cease to perform his functions as a senator he shall also cease to perform his functions as president or deputy president, as the case may be, and those functions shall, until he vacates his seat in the senate or resumes the performance of the functions of his office, be performedin the case of the president, by the deputy president or, if the office of deputy president is vacant or the deputy president is required to cease to perform his functions as a senator by virtue of section 27(3) of this constitution, by such senator (not being a minister or a parliamentary secretary) as the senate may elect for the purpose; in the case of the deputy president, by such senator (not being a minister or a parliamentary secretary) as the senate may elect for the purpose; if the president or deputy president resumes the performance of his functions as a senator, in accordance with the provisions of section 27(3) (c) of this constitution, he shall also resume the performance of his functions as president or deputy president, as the case may be. the house of representatives 29. house of representatives the house of representatives shall consist of such number of members as corresponds with the number of constituencies for the time being established for grenada under section 56 of this constitution, who shall be elected in accordance with the provisions of section 32 of this constitution. if a person who is not a member of the house of representatives is elected to be speaker of the house he shall, by virtue of holding the office of speaker, be a member of the house. 30. qualifications for membership of house of representatives subject to the provisions of section 31 of this constitution, a person shall be qualified to be elected as a member of the house of representatives if, and shall not be so qualified unless, heis a commonwealth citizen who has attained the age of eighteen years; has resided in grenada for a period of twelve months immediately before the date of his nomination for election or is domiciled and resident in grenada at that date; and is able to speak and, unless incapacitated by blindness or other physical cause, to read the english language with sufficient proficiency to enable him to take an active part in the proceedings of the house. 31. disqualifications for membership of house of representatives no person shall be qualified to be elected as a member of the house of representatives if heis by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state; is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in grenada; is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in grenada; is under sentence of death imposed on him by a court in any part of the commonwealth or is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended; or subject to such exceptions and limitations as may be prescribed by parliament, he has any such interest in any such government contract as may be prescribed. parliament may provide that a person shall not be qualified to be elected as a member of the house of representatives if he holds or is acting in any office that is specified by parliament and the functions of which involve responsibility for, or in connection with, the conduct of any election to the house or the compilation of any register of voters for the purposes of such an election. parliament may provide that a person who is convicted by any court of any offence that is prescribed by parliament and that is connected with the election of members of the house of representatives or is reported guilty of such an offence by the court trying an election petition shall not be qualified, for such period (not exceeding five years) following his conviction or, as the case may be, following the report of the court as may be so prescribed, to be elected as a member of the house. parliament may provide that, subject to such exceptions and limitations (if any) as parliament may prescribe, a person shall not be qualified to be elected as a member of the house of representatives if,he holds or is acting in any public office or appointment (either individually or by reference to a class of public office or appointment); he belongs to any of the armed forces of the crown or to any class of person that is comprised in any such force; or he belongs to any police force or to any class of person that is comprised in any such force. for the purposes of paragraph (d) of subsection (1) of this sectiontwo or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds twelve months, but if any one of such sentences exceeds that term they shall be regarded as one sentence; and no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine. in paragraph (e) of subsection (1) of this section “government contract” means any contract made with the government of grenada or with a department of that government or with an officer of that government contracting as such. 32. election of members of house of representatives each of the constituencies into which grenada is divided in accordance with the provisions of section 56 of this constitution shall return one member to the house of representatives who shall be directly elected in such manner as may, subject to the provisions of this constitution, be prescribed by or under any law. 2 every commonwealth citizen who has attained the prescribed age and who possesses such qualifications relating to residence or domicile in grenada as parliament may prescribe shall, unless he is disqualified by parliament from registration as a voter for the purposes of elections of members of the house of representatives, be entitled to be registered as such a voter under any law in that behalf, and no other person may be so registered. every person who is registered as aforesaid in any constituency shall, unless he is disqualified by parliament from voting in that constituency in any election of members of the house of representatives, be so entitled to vote, in accordance with the provisions of any law in that behalf, and no other person may so vote. the prescribed age for the purposes of this subsection shall be the age of eighteen years. in any election of members of the house of representative the votes shall be given by ballot in such manner as not to disclose how any particular person votes. 33. tenure of office of members of house of representatives a member of the house of representatives shall vacate his seat in the house at the next dissolution of parliament after his election. a member of the house of representatives shall also vacate his seat in the houseif he is absent from the sittings of the house for such period and in such circumstances as may be prescribed in the rules of procedure of the house; if he ceases to be a commonwealth citizen; or subject to the provisions of subsection (3) of this section, if any other circumstances arise that, if he were not such a member, would cause him to be disqualified to be elected as such by virtue of subsection (1) of section 31 of this constitution or of any law enacted in pursuance of subsection (2), (3) or (4) of that section. 3 if any circumstances such as are referred to in paragraph (c) of subsection (2) of this section arise because any member of the house of representatives is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of an offence relating to elections and if it is open to the member to appeal against the decision (either with the leave of a court or other authority or without such leave), he shall forthwith cease to perform his functions as a member of the house but, subject to the provisions of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafter: provided that the speaker may, at the request of the member, from time to time, extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the house. if, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the member, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the member to appeal, he shall forthwith vacate his seat. if at any time before the member of the house vacates his seat such circumstances aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (a) of this subsection and he may resume the performance of his functions as a member of the house. 34. speaker and deputy speaker when the house of representatives first meets after any general election and before it proceeds to the despatch of any other business, it shall elect a person to be the speaker of the house; and if the office of speaker falls vacant at any time before the net dissolution of parliament, the house shall elect another person to that office. the speaker may be elected either from among the members of the house of representatives who are not ministers or parliamentary secretaries, or from among persons who are not members of the house of representatives: provided that a person who is not a member of the house of representatives shall not be elected as speaker ifhe is not a commonwealth citizen; or he is a person disqualified for election as a member of the house of representatives by virtue of section 31(1) of this constitution or any law enacted in pursuance of subsection (2), (3) or (4) of that section. when the house of representatives first meets after any general election and before it proceeds to the despatch of any other business except the election of the speaker, the house shall elect a member of the house, who is not a minister or a parliamentary secretary, to be deputy speaker of the house, and if the office of deputy speaker falls vacant at any time before the next dissolution of parliament, the house shall, as soon as convenient, elect another such member to that office. no business shall be transacted in the house of representatives (other than the election of a speaker) at any time when the office of speaker is vacant. a person shall vacate the office of speakerin the case of a speaker elected from among persons who are not members of the housewhen the house first meets after any dissolution of parliament; if he ceases to be a commonwealth citizen; or if any circumstances arise that would cause him to be disqualified for election as a member of the house of representatives by virtue of section 31(1) of this constitution or any law enacted in pursuance of subsection (2), (3) or (4) of that section; or in the case of a speaker elected from among the members of the houseif he ceases to be a member of the house: provided that the speaker shall not vacate his office by reason only that he has ceased to be a member of the house on a dissolution of parliament, until the house first meets after the dissolution; or if he is appointed to be a minister or a parliamentary secretary. a person shall vacate the office of deputy speakerif he ceases to be a member of the house; if he is appointed to be a minister or a parliamentary secretary; or if he is elected to be speaker. 7 if, by virtue of section 33(3) of this constitution, the speaker or deputy speaker is required to cease to perform his functions as a member of the house of representatives he shall also cease to perform his functions as speaker or deputy speaker, as the case may be, and those functions shall, until he vacates his seat in the house or resumes the performance of the functions of his office, be performedin the case of the speaker, by the deputy speaker or, if the office of deputy speaker is vacant or the deputy speaker is required to cease to perform his functions as a member of the house of representatives by virtue of section 33(3) of this constitution, by such member of the house (not being a minister or a parliamentary secretary) as the house may elect for the purpose; in the case of the deputy speaker, by such member of the house (not being a minister or a parliamentary secretary) as the house may elect for the purpose. if the speaker or deputy speaker resumes the performance of his functions as a member of the house, in accordance with the provisions of section 33(3) of this constitution, he shall also resume the performance of his functions as speaker or deputy speaker, as the case may be. 35. supervisor of elections there shall be a supervisor of elections whose duty it shall be to exercise general supervision over the registration of voters in elections of the members of the house of representatives and over the conduct of such elections. the functions of the office of supervisor of elections shall be exercised by the person holding or acting in such public office as may for the time being be designated in that behalf by the governor-general acting in his own deliberate judgment. a person shall not enter upon the duties of the office of supervisor of elections until he has taken and subscribed the oath of allegiance and the oath of office. for the purposes of the exercise of his functions under subsection (1) of this section, the supervisor of elections may give such directions as he considers necessary or expedient to any registering officer, presiding officer or returning officer relating to the exercise by that officer of his functions under any law regulating the registration of voters or the conduct of elections, and any officer to whom directions are given under this subsection shall comply with those directions. the supervisor of elections may, whenever he considers it necessary or expedient so to do, report to the house of representatives on the exercise of his functions under the foregoing provisions of this section; he shall submit every such report to the minister for the time being responsible for matters relating to the election of members of the house of representatives and that minister shall, not later than seven days after the house first meets after he has received the report, lay it before the house. in the exercise of his functions under the foregoing provisions of this section, the supervisor of elections shall not be subject to the direction or control of any other person or authority. the supervisor of elections shall exercise such other functions in relation to elections (whether to the house of representatives or to local government authorities) as may be prescribed by or under any law enacted by parliament. general provisions 36. clerks to houses of parliament and their staff there shall be a clerk to the senate and a clerk to the house of representatives: provided that the offices of clerk to the senate and clerk to the house of representatives may be held by the same person. subject to the provisions of any enacted by parliament, the office of clerk of each house of parliament and the members of his staff shall be offices in the public service. 37. determination of questions as to membership of parliament the high court shall have jurisdiction to hear and determine any question whetherany person has been validly appointed as a senator; any person has been validly elected as a member of the house of representatives; any person who has been elected as speaker of the house of representatives from among persons who were not members thereof was qualified to be so elected or has vacated the office of speaker; any senator or member of the house of representatives has vacated his seat or is required, under the provisions of section 27(3) or 33(3) of this constitution, to cease to perform any of his functions as a senator or member of the house or representatives. an application to the high court for the determination of any question under subsection (1) (a) of this section may be made by any person registered in a constituency as a voter in elections of members of the house of representatives or by the attorney-general, and an application to the high court for the determination of any question under subsection (1) (b) of this section may be made by any person entitled to vote in the election to which the application relates or by any person who was a candidate in that election or by the attorney-general, the attorney-general may intervene and may then appear or be represented in the proceedings. an application to the high court for the determination of any question under subsection (1) (c) of this section may be made by any member of the house of representatives or by the attorney-general and if it is made by a person other than the attorney-general, the attorney-general may intervene and may then appear or be represented in the proceedings. an application to the high court for the determination of any question under subsection (1) (d) of this section may be madein the case of a senator, by a member of the senate, by any person registered in a constituency as a voter in elections of members of the house of representatives or by the attorney-general; in the case of a member of the house of representatives, by a member of that house or by any person registered in a constituency as a voter in elections of members of that house or by the attorney-general, and, if it is made by a person other than the attorney-general, the attorney-general may intervene and may then appear or be represented in the proceedings. parliament may make provision with respect tothe circumstances and manner in which and the imposition of conditions upon which any application may be made to the high court for the determination of any question under this section; and the powers, practice and procedure of the high court in relation to any such application. an appeal shall lie as of right to the court of appeal from any final decision of the high court determining such a question as is referred to in subsection (1) of this section. no appeal shall lie from any decision of the court of appeal in exercise of the jurisdiction conferred by subsection (6) of this section and no appeal shall lie from any decision determining such a question as is referred to in subsection (1) of this section. in the exercise of his functions under this section, the attorney-general shall not be subject to the direction or control of any other person or authority. part ii. legislation and procedure of parliament 38. power to make laws subject to the provisions of this constitution, parliament may make laws for the peace, order and good government of grenada. 39. alteration of this constitution and certain other laws parliament may alter any of the provisions of this constitution or of the courts order or section 3 of the west indies associated states (appeals to privy council) order 1967(a) in the manner specified in the following provisions of this section. a bill to alter this constitution or the courts order or section 3 of the west indies associated states (appeals to privy council) order 1967 shall not be regarded as being passed by the house of representatives unless on its final reading in that house the bill is supported by the votes of not less than two-thirds of all the members of the house. an amendment made by the senate to such a bill that has been passed by the house of representatives shall not be regarded as being agreed to by the house of representatives for the purpose of section 48 of this constitution unless such agreement is signified by resolution supported by the votes of not less than two-thirds of all the members of the house representatives. for the purposes of section 49(4) of this constitution, an amendment of a bill to alter this constitution or the courts order or section 3 of the west indies associated states (appeals to privy council) order 1967 shall not be suggested to the senate by the house of representatives unless a resolution so to suggest the amendment has been supported by the votes of not less than two-thirds of all the members of the house of representatives. a bill to alter this section, schedule 1 to this constitution or any of the provisions of this constitution specified in part i of that schedule or any of the provisions of the courts order specified in part ii of that schedule or section 3 of the west indies associated states (appeals to privy council) order 1967 shall not be submitted to the governor for his assent unlessthere has been an interval of not less than ninety days between the introduction of the bill in the house of representatives and the beginning of the proceedings in the house on the section reading of the bill in that house; after it has been passed by both houses of parliament or, in the case of a bill to which section 48 of this constitution applies, after its rejection by the senate for the second time; and the bill has been approved on a referendum, held in accordance with such provision as may be made in that behalf by parliament, by not less than two-thirds of all the votes validly cast on that referendum. every person who, at the time when the referendum is held, world be entitled to vote in elections of members of the house of representatives shall be entitled to vote on a referendum held for the purposes of this section in accordance with such procedures as may be prescribed by parliament for the purposes of the referendum and no other person shall be entitled so to vote. the conduct of any referendum for the purposes of subsection (5) of this section shall be under the general supervision of the supervisor of elections and the provisions of subsections (4), (5) and (6) of section 35 of this constitution shall apply in relation to the exercise by the supervisor of elections or by any other officer of his functions with respect to a referendum as they apply in relation to the exercise of his functions with respect to elections of members of the house of representatives. 8 a bill to alter this constitution or the courts order or section 3 of the west indies associated states (appeals to privy council) order 1967 shall not be submitted to the governor-general for his assent unless it is accompanied by a certificate under the hand of the speaker of the house of representatives (or, if the speaker is for any reason unable to exercise the functions of his office, the deputy speaker) that the provisions of subsection (2),(3) or (4), as the case may be, of this section have been complied with and, where a referendum has been held, by a certificate of the supervisor of elections stating the results of the referendum. the certificate of the speaker or, as the case may be, the deputy speaker under this subsection shall be conclusive that the provisions of subsection (2), (3) or (4) of this section have been complied with and shall not be enquired into in any court of law. in this sectionreferences to this constitution include references to any law that alters this constitution; references to the courts order are reference to the west indies associated states supreme court order 1967(a) in so far as it has effect as part of the law of grenada and include references to any law that alters that order in so far as it has such effect; references to section 3 of the west indies associated states (appeals to privy council) order 1967 are references to that section in so far as it has effect as part of the law of grenada and include reference to any law that alters that section in so far as it has such effect; references to altering this constitution or the courts order or section 3 of the west indies associated states (appeals to privy council) order 1967, as case may be, or to altering any provision include referencesto revoking it, with or without re-enactment thereof or the making of different provision in lieu thereof; to modifying it, whether by omitting or amending any of its provisions or inserting additional provisions in it or otherwise; and to suspending its operation for any period or terminating any such suspension. 40. oath by members of parliament every member of a house of parliament shall, before taking his seat in the house, take and subscribe before the house the oath of allegiance but a member may before taking that oath take part in the election of the president or speaker of the house. 41. presiding in houses of parliament there shall preside at any sitting of the senatethe president; or in the absence of the president, the deputy president; or in the absence of the president and the deputy president, such member of the senate (not being a minister or a parliamentary secretary) as the senate may elect for the purpose. there shall preside at any sitting of the house of representativesthe speaker; or in the absence of the speaker, the deputy speaker; or in the absence of the speaker and the deputy speaker, such member of the house (not being a minister or a parliamentary secretary) as the house may elect for that purpose. 42. quorum if at any sitting of either house of parliament any member of the house who is present draws the attention of the person presiding at the sitting to the absence of a quorum and, after such interval as may be prescribed in the rules of procedure of the house, the person presiding at the sitting ascertains that a quorum of the house is not present, the house shall be adjourned. for the purposes of this sectiona quorum of the house of representatives shall consist of five members and the senate shall consist of four members; a person presiding at the sitting of either house shall not be included in reckoning whether there is a quorum of the house present. 43. voting save as otherwise provided in this constitution, any question proposed for decision in a house of parliament shall be determined by a majority of the votes of the members present and voting. the president or other member presiding in the senate and the speaker or other member presiding in the house of representatives shall not vote unless on any question the votes are equally divided, in which case, except as otherwise provided in this section, he shall have and exercise a casting vote: provided that in the case of the question of the final reading of a bill such as is referred to in section 39(2) of this constitution a speaker or other member presiding in the house of representatives who is an elected member of the house shall have an original vote but no casting vote. a speaker elected from among persons who are not members of the house of representatives shall have neither an original nor a casting vote and if, upon any question before the house when such speaker is presiding, the votes of the members are equally divided, the motion shall be lost. 44. unqualified persons sitting or voting any person who sits or votes in either house of parliament knowing or having reasonable grounds for knowing that he is not entitled to do so shall be guilty of an offence and liable to a fine not exceeding one hundred dollars, or such other sum as may be prescribed by parliament, for each day on which he so sits or votes in the house. any prosecution for an offence under this section shall be instituted in the high court and shall not be so instituted except by the director of public prosecutions. 45. mode of exercise of legislative power the power of parliament to make laws shall be exercised by bills passed by the senate and the house of representatives (or in the cases mentioned in sections 47 and 48 of this constitution by the house of representatives) and assented to by the governor-general on behalf of her majesty. when a bill is submitted to the governor-general for assent in accordance with the provisions of this constitution he shall signify that he assents or that he withholds assent. when the governor-general assents to a bill that has been submitted to him in accordance with the provisions of this constitution the bill shall become law and the governor-general shall thereupon cause it to be published in the gazette as law. no law made by parliament shall come into operation until it has been published in the gazette but parliament may postpone the coming into operation of any such law and may make laws with retrospective effect. 46. restrictions with regard to certain financial measures a bill other than a money bill may be introduced in either house of parliament; a money bill shall not be introduced in the senate. except on the recommendation of the governor-general signified by a minister, neither house of parliament shallproceed upon any bill (including any amendment to a bill) that, in the opinion of the person presiding, makes provision for any of the following purposes:for the imposition of taxation or the alteration of taxation otherwise than by reduction; for the imposition of any charge upon the consolidated fund or any other public fund of grenada or the alteration of any such charge otherwise than by reduction; for the payment, issue or withdrawal from the consolidated fund or any other public fund of grenada of any monies not charged thereon or any increase in the amount of such payment, issue or withdrawal; or proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, would be to make provision for any of those purposes. 47. restricting on powers of senate as to money bills if a money bill, having been passed by the house of representatives and sent to the senate at least one month before the end of the session, is not passed by the senate without amendment within one month after it is sent to the senate, the bill shall, unless the house of representatives otherwise resolves, be presented to the governor-general for his assent notwithstanding that the senate has not consented to the bill. there shall be endorsed on every money bill when it is sent to the senate the certificate of the speaker signed by him that it is a money bill; and there shall be endorsed on any money bill that is submitted to the governor-general for assent in pursuance of subsection (1) of this section the certificate of the speaker signed by him that it is a money bill and the provisions of that subsection have been complied with. 48. restriction on powers of senate as to bills other than money bills this section applies to any bill other than a money bill that is passed by the house of representatives in two successive sessions (whether or not parliament is dissolved between those session) and, having been sent to the senate in each of those sessions at least one month before the end of the session, is rejected by the senate in each of those sessions. a bill to which this section applies shall, on its rejection for the second time by the senate, unless the house of representatives otherwise resolves, be submitted to the governor-general for assent notwithstanding that the senate has not consented to the bill: provided thatthe foregoing provisions of this subsection shall not have effect unless at least six months have elapsed between the date on which the bill is passed by the house of representatives in the first session and the date on which it is passed by the house of representatives in the second session; a bill such as is referred to in subsection (5) of section 39 of this constitution shall not be submitted to the governor-general for his assent unless the provisions of that subsection have been complied with and the power conferred on the house of representatives by this subsection to resolve that a bill shall not be presented to the governor-general for assent shall not be exercised in respect of such a bill. for the purposes of this section a bill that is sent to the senate from the house of representatives in any session shall be deemed to be the same bill as a former bill sent to the senate in the preceding session if, when it is sent to the senate, it is identical with the former bill or contains only such alterations as are certified by the speaker of the house of representatives to be necessary owing to the time that has elapsed since the date of the former bill or to represent any amendments which have been made by the senate in the former bill in the preceding session. the house of representatives may, if it thinks fit, on the passage through the house of a bill that is deemed to be the same bill as a former bill sent to the senate in the preceding session, suggest any amendments without inserting the amendments in the bill, and any such amendments shall be considered by the senate, and, if agreed to by the senate, shall be treated as amendments made by the senate and agreed to by the house; but the exercise of this power by the house shall not affect the operation of this section in the event of the rejection of the bill in the senate. there shall be inserted in any bill that is submitted to the governor-general for assent in pursuance of this section any amendments that are certified by the speaker to have been made in the bill by the senate in the second session and agreed to by the house. there shall be endorsed on any bill that is presented to the governor-general for assent in pursuance of this section the certificate of the speaker signed by him that the provisions of this section have been complied with. 49. provisions relating to sections 46, 47 and 48 in sections 46, 47 and 48 of this constitution, “money bill” means a public bill which, in the opinion of the speaker, contains only provisions dealing with all or any of the following matters, namely, the imposition, repeal, remission, alteration or regulation of taxation; the imposition, for the payment of debt or other financial purposes, of charges on public money, or the variation or repeal of any such charges; the grant of money to the crown or to any authority or person, or the variation or revocation of any such grant; the appropriation, receipt, custody, investment, issue or audit of accounts of public money; the raising or guarantee of any loan or the repayment thereof, or the establishment, alteration, administration or abolition of any sinking fund provided in connection with any such loan; or subordinate matters incidental to any of the matters aforesaid; and in this subsection the expressions “taxation”, “debt”, “public money” and “loan” do not include any taxation imposed, debt incurred or money provided or loan raised by any local authority or body for local purposes. for the purposes of section 48 of this constitution, a bill shall be deemed to be rejected by the senate ifit is passed by the senate without amendment; or it is passed by the senate with any amendment which is not agreed to by the house of representatives. whenever the office of speaker is vacant or the speaker is for any reason unable to perform any function conferred on him by section 47 or 48 of this constitution or subsection (1) of this section, that function may be performed by the deputy speaker. any certificate of the speaker or deputy speaker given under section 48 of this constitution shall be conclusive for all purposes and shall not be questioned in any court of law. before giving any certificate under section 47 or 48 of this constitution the speaker or deputy speaker, as the case may be, shall consult the attorney-general. 50. regulating of procedure in houses of parliament subject to the provisions of this constitution, each house of parliament may regulate its own procedure and may in particular make rules for the orderly conduct of its own proceedings. each house of parliament may act notwithstanding any vacancy in its membership (including any vacancy not filled when the house first meets after any general election) and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the house shall not invalidate those proceedings. parliament may, for the purpose of the orderly and effective discharge of the business of the senate and the house of representatives, make provision for the powers, privileges and immunities of those house and the committees and the members thereof. part iii. summoning, prorogation and dissolution 51. sessions of parliament each session of parliament shall be held at such place within grenada and shall commence at such time as the governor-general may by proclamation appoint. there shall be a session of parliament once at least in every year, so that a period of six months shall not intervene between the last sitting of parliament in one session and the first sitting thereof in the next session. 52. prorogation and dissolution of parliament the governor-general may at any time prorogue or dissolve parliament. subject to the provisions of subsection (3) of this section parliament, unless sooner dissolved, shall continue for five years from the date of the first sitting of parliament after any dissolution and shall then stand dissolved. at any time with her majesty is at war, parliament may extend the period of five years specified in subsection (2) of this section for not more than twelve months at a time: provided that the life of parliament shall not be extended under this subsection for more than five years. in the exercise of his powers to dissolve parliament, the governor-general shall act in accordance with the advice of the prime minister: provided thatif the majority of all the members of the house of representatives pass a resolution that they have not confidence in the government of grenada and the prime minister does not within three days either resign or advise a dissolution, the governor-general, acting in his own deliberate judgment, may dissolve parliament; 53. general elections a general election of members of the house of representatives shall be held at such time within three months after any dissolution of parliament as the governor-general may appoint. as soon as practicable after every general election the governor-general shall proceed under section 24 of this constitution to the appointment of senators. part iv. delimitation of constituencies 54. constituencies for the purpose of the election of members of the house of representatives, grenada shall be divided into such number of constituencies having such boundaries as may be provided for by an order made by the governor-general in accordance with the provisions of section 56 of this constitution. 55. constituency boundaries commission there shall be a constituency boundaries commission for grenada which shall consist ofthe speaker, as chairman; two members appointed by the governor-general, acting in accordance with the advice of the prime minister; and two members appointed by the governor-general, acting in accordance with the advice of the leader of the opposition. a person shall not be qualified to be appointed as a member of the commission, other than the chairman, if he is a senator, a member of the house of representatives or a public officer. subject to the provisions of this section, a member of the commission, other than the chairman, shall vacate his officeat the next dissolution of parliament after his appointment; or if any circumstances arise that, if he were not a member of the commission, would cause him to be disqualified for appointment as such. a member of the commission other than the chairman may be removed from office but only for inability to discharge the functions thereof (whether arising from infirmity of mind or body or any other cause) or for misbehaviour, and he shall not be so removed except in accordance with the provisions of this section. a member of the commission shall be removed from office by the governor-general if the question of his removal from office has been referred to a tribunal appointed under subsection (6) of this section and the tribunal has recommended to the governor-general that he ought to be removed from office for inability as aforesaid or for misbehaviour. if the prime minister, in the case of a member appointed in accordance with paragraph (b) of subsection (1) of this section, or the leader of the opposition, in the case of a member appointed in accordance with paragraph (c) of that subsection, represents to the governor-general that the question of removal of a member of the commission from office for inability as aforesaid or for misbehaviour ought to be investigated, thenthe governor-general shall appoint a tribunal, which shall consist of a chairman and not less than two other members, selected by the governor-general, acting in accordance with the advice of the chief justice, from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from any such court; and the tribunal shall enquire into the matter and report on the facts thereof to the governor-general and recommend to the governor-general whether the member of the commission ought to be removed from office for inability as aforesaid or for misbehaviour. the commission may regulate its own procedure, and, with the consent of the prime minister, confer powers and impose duties on any public office or on any authority of the government of grenada for the purpose of the discharge of its functions. the commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings: provided that any decision of the commission shall require the concurrence of a majority of all its members. in the exercise of its functions under this constitution, the commission shall not be subject to the control or direction of any other person or authority. 56. review of constituency boundaries the constituency boundaries commission shall, in accordance with the provisions of this section, review the number and boundaries of the constituencies into which grenada is divided and submit to the governor-general reports eithershowing the constituencies into which it recommends that grenada should be divided in order to give effect to the rules set out in schedule 2 to this constitution; or stating that, in the opinion of the commission, no alteration if required to the existing number or boundaries of constituencies in order to give effect to the said rules. reports under subsection (1) of this section shall be submitted by the commissionin the case of its first report after the day upon which this constitution comes into operation, not more than five years from 25th august 1971; and in the case of any subsequent report, not less than two nor more than five years from the date of the submission of its last report. as soon as may be after the commission has submitted a report under subsection (1) (a) of this section, the prime minister shall lay before the house of representatives for its approval the draft of an order by the governor-general for giving effect, whether with or without modifications, to the recommendations contained in the report, and that draft order may make provision for any matters which appear to the prime minister to be incidental to or consequential upon the other provisions of the draft. where any draft order submitted to the house of representatives under this section gives effect to any such recommendations with modifications, the prime minister shall lay before the house together with the draft order a statement of the reasons for the modifications. if the motion for the approval of any draft order laid before the house of representatives under this section is rejected by the house, or is withdrawn by leave of the house, the prime minister shall amend the draft order and lay the amended draft before the house. if any draft order laid before the house of representatives under this section is approved by resolution of the house, the prime minister shall submit it to the governor-general who shall make an order in terms of the draft; and that order shall come into force upon the next dissolution of parliament after it is made. the question of the validity of any order by the governor-general purporting to be made under this section and reciting that a draft thereof has been approved by resolution of the house of representatives shall not be enquired into in any court of law. chapter iv. the executive 57. exercise of executive authority of grenada the executive authority of grenada is vested in her majesty. subject to the provision so this constitution, the executive authority of grenada may be exercise on behalf of her majesty by the governor-general either directly or through officers subordinate to him. nothing in this section shall prevent parliament from conferring functions on persons or authorities other than the governor-general. 58. ministers there shall be a prime minister of grenada, who shall be appointed by the governor-general. whenever the governor-general has occasion to appoint a prime minister he shall appoint a member of the house of representatives who appears to him likely to command the support of the majority of the members of the house. there shall be, in addition to the office of prime minister, such other offices of minister as may be established by parliament, by the governor-general, acting in accordance with the advice of the prime minister. appointments to the office of minister, other than the office of prime minister, shall be made by the governor-general, acting in accordance with the advice of the prime minister, from among the senators and the members of the house of representatives. if occasion arises for making an appointment to the office of prime minister of any other minster while parliament is dissolved, then, notwithstanding any other provision of this section, a person who was a member of the house of representatives immediately before the dissolution may be appointed as prime minister or any other minster and a person who was a senator immediately before the dissolution may be appointed as any minister other than prime minister. the governor-general may remove the prime minister from officeif a resolution of no confidence in the government of grenada is passed by the majority of all the members of the house of representatives and the prime minister does not within three days either resign from his office or advise a dissolution of parliament; or if, at any time between the holding of a general election of the members of the house of representatives and the date on which the house first meets thereafter, the governor-general considers that in consequence of changes in the membership of the house resulting from that election the prime minister will not be able to command the support of the majority of the members of the house. the office of any minister shall become vacantif the holder of the office ceases to be a member of either house of parliament otherwise than by reason of the dissolution of parliament; in the case of the prime minister, if, when the house of representatives first meets after the dissolution of parliament, he is not then a member thereof; in the case of any other minister, if, when the house of representatives first meets after the dissolution of parliament, he is not then a member of either house of parliament; or if, by virtue of section 27(3) of 33(3) of this constitution, he is required to cease to perform his functions as a member of a house of parliament. the office of a minister other than the prime minister shall become vacantif the governor-general, acting in accordance with the advice of the prime minister, so directs; if the prime minister resigns from office within three days after the passage by the majority of all the members of the house of representatives of a resolution of no confidence in the government of grenada or is removed from office under subsection (6) of this section; or on the appointment of any person to the office of prime minister. in the exercise of the powers conferred upon him by subsections (2), (5) and (6) of this section the governor-general shall act in his own deliberate judgment. 59. cabinet of ministers there shall be a cabinet of minister for grenada which shall consist of the prime minister and the other ministers. at any time when the office of attorney-general is a public office, the attorney-general shall be an ex-officio member of the cabinet in addition to the minister. the functions of the cabinet shall be to advise the governor-general in the government of grenada and the cabinet shall be collectively responsible to parliament for any advice given to the governor-general by or under the general authority of the cabinet for all things done by or under the authority of any minister in the execution of his office. the provisions of subsection (3) of this section shall not apply in relation tothe appointment and removal from office of ministers or parliamentary secretaries, the assignment of responsibility to any minister under section 60 of this constitution, or the authorisation of another minister to perform the functions of the prime minister during absence or illness; the dissolution of parliament; or the matters referred to in section 72 of this constitution (which relate to the prerogative of mercy). 60. allocation of portfolios to ministers the governor-general, acting in accordance with the advice of the prime minister, may, by directions in writing, assign to the prime minister or any other minister responsibility for any business of the government of grenada, including the administration of any department of government. 61. performance of functions of prime minister during absence or illness whenever the prime minister is absent from grenada or is by reason of illness unable to perform the functions conferred upon him by this constitution the governor-general may authorise some other minister may perform those functions until his authority is revoked by the governor-general. 62. exercise of governor-general’s functions in the exercise of his functions the governor-general shall act in accordance with the advice of the cabinet or a minister acting under the general authority of the cabinet except in cases where he is required by this constitution or any other law to act in accordance with the advice of any person or authority other than the cabinet or in his own deliberate judgment. during any period in which there is a vacancy in the office of leader of the opposition by reason of the fact that no person is both qualified for appointment to that office in accordance with this constitution and willing to accept appointment, the governor-general may act without the advice of the leader of the opposition and in his own deliberate judgment in the exercise of any power in respect of which it is provided in this constitution that he shall act on the advice of the leader of the opposition. nothing in subsection (1) of this section shall apply to the functions conferred upon the governor-general by the following provisions of this constitutionparagraph (b) of the proviso to section 52(4) (which requires the governor-general to dissolve parliament in certain circumstances); section 63 (which entitles the governor-general to information); section 55(5), 66(4), 83(6), 86(7) and 90(5) (which require the governor-general to remove the holders of certain offices from office in certain circumstances). 63. governor-general to be informed concerning matters of government the prime minister shall keep the governor-general fully informed concerning the general conduct of the government of grenada and shall furnish the governor-general with such information as he may request with respect to any particular matter relating to the government of grenada. 64. parliamentary secretaries the governor-general, acting in accordance with the advice of the prime minister, may appoint parliamentary secretaries from among the senators and members of the house, of representatives to assist ministers in the performance of their duties: provided that, if occasion arises for making appointments while parliament is dissolved, a person who was a senator or a member of the house of representatives immediately before the dissolution may be appointed as a parliamentary secretary. the office of a parliamentary secretary shall become vacantif the governor-general, acting in accordance with the advice of the prime minister, so directs; if the prime minister resigns from office within three days after the passage by the majority of all the members of the house of representatives of a resolution of no confidence in the government of grenada or is removed from office under section 58(6) of this constitution; upon the appointment of any person to the office of prime minister; if the holder of the office ceases to be a member of either house of parliament otherwise than by reason of a dissolution of parliament; if, when the house of representatives first meets after any dissolution of parliament, he is not then a member of either house of parliament; or if, by virtue of section 27(3) or 33(3) of this constitution, he is required to cease to perform his functions as a member of a house of parliament. 65. oaths to be taken by ministers, etc a minister or a parliamentary secretary shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and the oath of office. 66. leader of the opposition there shall be a leader of the opposition who shall be appointed by the governor-general. whenever there shall be occasion for the appointment of a leader of the opposition, the governor-general, acting in his own deliberate judgment, shall appoint the member of the house of representatives who appears to him to command the support of the largest number of members of the house in opposition to the government. the leader of the opposition shall vacate his officeif for any reason other than a dissolution of parliament he ceases to be a member of the house of representatives; if when the house of representative first meets after any dissolution of parliament he is not then a member of the house; if by virtue of the provisions of section 33(3) of this constitution he is required to cease to perform his functions as a member of the house of representatives; or if he is removed from office under the provisions of subsection (4) of this section. if it appears to the governor-general, acting in his own deliberate judgment, that the leader of the opposition no longer commands the support of the largest number of members of the house in opposition to the government, the governor-general shall remove the leader of the opposition from office. 67. permanent secretaries where any minister has been charged with responsibility for any department of government, he shall exercise general direction and control over that department; and, subject to such direction and control, every department of government shall be under the supervision of a public officer whose office is referred to in this constitution as the office of a permanent secretary: provided that two or more government departments may be placed under the supervision of one permanent secretary. 68. secretary to the cabinet there shall be a secretary to the cabinet whose office shall be a public office. the secretary to the cabinet, who shall have charge of the cabinet office, shall be responsible, in accordance with such instructions as may be given to him by the prime minister, for arranging the business for, and keeping the minutes of, the cabinet and for conveying the decisions of the cabinet to the appropriate person or authority and shall have such other functions as the prime minister may direct. 69. constitution of offices, etc subject to the provisions of this constitution and of any other law, the governor-general may constitute offices for grenada, make appointments to any such office and terminate any such appointment. 70. attorney-general there shall be an attorney-general who shall be the principal legal adviser to the government of grenada. the office of attorney-general shall be either a public office or the office of a minister. at any time when the office of attorney-general is a public office the same person may, if qualified, be appointed in accordance with the provisions of chapter vi of this constitution to hold or act in the office of attorney-general and the office of director of public prosecutions. where the offices of attorney-general and director of public prosecutions are held by the same person, the following provisions of this constitution shall have effect, in relation to that person, as if references therein to the director of public prosecutions included references to the attorney-general, that is to say, section 80, 86(6), 86(7), 86(8), 86(9), 93 and 111(8) but the provisions of this subsection shall be without prejudice to the powers of parliament or, subject to the provisions of any law, the governor-general to determine that the office of attorney-general shall cease to be a public office and become the office of a minister. 71. director of public prosecutions there shall be a director of public prosecutions whose office shall be a public office. the director of public prosecutions shall have power in any case in which he considers it desirable so to doto institute and undertake criminal proceedings against any person before any court (other than a court-martial) in respect of any offence alleged to have been committee by that person; to take over and continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority. the powers of the director of public prosecutions under subsection (2) of this section may be exercised by him in person or through other persons acting under and in accordance with his general or special instructions. the powers conferred on the director of public prosecutions by paragraphs (b) and (c) of subsection (2) of this section shall be vested in him to the exclusion of any other person or authority: provided that where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the court. for the purpose of this section, any appeal from a judgment in criminal proceedings before any court or any case stated or question of law reserved for the purpose of any such proceedings, to any other court (including her majesty in council) shall be deemed to be part of those proceedings: provided that the power conferred on the director of public prosecutions by subsection (2) (c) of this section shall not be exercised in relation to any appeal by a person convicted in any criminal proceedings or to any case stated or question of law reserved at the instance of such a person. in the exercise of the functions vested in him by subsection (2) of this section and by section 44 of this constitution, the director of public prosecutions shall not be subject to the direction or control of any other person or authority. 72. prerogative of mercy the governor-general may, in her majesty’s name and on her majesty’s behalfgrant a pardon, either free of subject to lawful conditions, to any person convicted of any offence; grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence; substitute a less severe form of punishment of any punishment imposed on any person for any offence; or remit the whole or any part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the crown on account of any offence. the powers of the governor-general under subsection (1) of this section shall be exercised by him in accordance with the advice of such minister as may for the time being be designated by the governor-general, acting in accordance with the advice of the prime minister. 73. advisory committee on prerogative of mercy there shall be an advisory committee on the prerogative of mercy which shall consist ofthe minister for the time being designated under section 72(2) of this constitution who shall be chairman; the attorney-general; the chief medical officer of the government of grenada; and three other members appointed by the governor-general, by instrument in writing under his hand. a member of the committee appointed under subsection (1) (d) of this section shall hold his seat thereon for such period as may be specified in the instrument by which he was appointed: provided that his seat shall become vacantin the case of a person who, at the date of his appointment was a minister, if he ceases to be a minister; or if the governor-general, by instrument in writing under his hand, so directs. the committee may act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings. the committee may regulate its own procedure. in the exercise of his functions under this section, the governor-general shall act in accordance with the advice of the prime minister. 74. functions of advisory committee where any person has been sentenced to death (otherwise than by a court-martial) for an offence, the minister for the time being designated under section 72(2) of this constitution shall cause a written report of the case from the trial judge (or, if a report cannot be obtained from that judge, a report on the case from the chief justice), together with such other information derived from the record of the case or elsewhere as he may require, to be taken into consideration at a meeting of the advisory committee on the prerogative of mercy; and after obtaining the advice of the committee he shall decide in his own deliberate judgment whether to advise the governor-general to exercise any of his powers under section 72(1) of this constitution. the minister for the time being designated under section 72(2) of this constitution may consult with the advisory committee on the prerogative of mercy before tendering advice to the governor-general under section 72(1) of this constitution in any case not falling within subsection (1) of this section but he shall not be obliged to act in accordance with the recommendation of the committee. chapter v. finance 75. consolidated fund all revenues or other moneys raised or received by grenada (not being revenues or other moneys that are payable, by or under any law for the time being in force in grenada, into some other fund established for any specific purpose) shall be paid into and form a consolidated fund. 76. withdrawals from consolidated fund or other public funds no moneys shall be withdrawn from the consolidated fund exceptto meet expenditure that is charged upon the fund by this constitution or by any law enacted by parliament; or where the issue of those moneys has been authorised by an appropriation law or by a law made in pursuance of section 78 of this constitution. where any moneys are charged by this constitution or any law enacted by parliament upon the consolidated fund or any other public fund, they shall be paid out of that fund by the government of grenada to the person or authority to whom payment is due. no moneys shall be withdrawn from any public fund other than the consolidated fund unless the issue of those moneys has been authorised by or under any law. parliament may prescribe the manner in which withdrawals may be made from the consolidated fund or any other public fund. 77. authorisation of expenditure from consolidated fund by appropriation law the minister for the time being responsible for finance shall cause to be prepared and laid before the house of representatives in each financial year estimates of the revenues and expenditure of grenada for the next following financial year. when the estimates of expenditure (other than expenditure charged upon the consolidated fund by this constitution or by any law enacted by parliament) have been approved by the house of representatives, a bill, known as an appropriation bill, shall be introduced in the house, providing for the issue from the consolidated fund of the sums necessary to meet that expenditure and the appropriation of those sums, under separate votes for the several required, to the purposes specified therein. if in respect of any financial year it is foundthat the amount appropriated by the appropriation law to any purpose is insufficient or that a need has arisen for expenditure for a purpose to which no amount has been appropriated by that law; or that any moneys have been expended for any purpose in excess of the amount appropriated to that purpose by the appropriation law or for a purpose to which no amount has been appropriated by that law; a supplementary estimate, showing the sums required or spent, shall be laid before the house of representatives and, when the supplementary estimate has been approved by the house, a supplementary appropriation bill shall be introduced in the house providing for the issue of such sums from the consolidated fund and appropriating them to the purposes specified therein. 78. authorisation of expenditure in advance of appropriation parliament may make provision under which, if the appropriation law in respect of any financial year has not come into operation by the beginning of that financial year, the minister for the time being responsible for finance may authorize the withdrawal of moneys from the consolidated fund for the purpose of meeting expenditure necessary to carry on the services of the government of grenada until the expiration of four months from the beginning of that financial year or the coming into operation of the law, whichever is the earlier. 79. contingencies fund parliament may make provision for the establishment of a contingencies fund and for authorising the minister for the time being responsible for finance, if satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from that fund to meet that need. where any advance is made from the contingencies fund, a supplementary estimate shall as soon as possible be laid before the house of representatives and when the supplementary estimate has been approved by the house, a supplementary appropriation bill shall be introduced as soon as possible in the house for the purpose of replacing the amount so advanced. 80. remuneration of certain officers there shall be paid to the holders of the offices to which this section applies such salaries and such allowances as may be prescribed by or under a law enacted by parliament. the salaries and allowances prescribed in pursuance of this section in respect of the holders of the offices to which this section applies shall be a charge on the consolidated fund. the salary prescribed in pursuance of this section in respect of the holder of any office to which this section applies and his other terms of service (other than allowances that are not taken into account in computing, under any law in that behalf, any pension payable in respect of his service in that office) shall not be altered to his disadvantage after his appointment. when a person’s salary or other terms of service depend upon his option, the salary or terms for which he opts shall, for the purposes of subsection (3) of this section, be deemed to be more advantageous to him than any others for which he might have opted. this section applies to the offices of the governor-general member of the public service commission, member of the public service board of appeal, the director of public prosecutions and the director of audit. nothing in this section shall be construed as prejudicing the provisions of section 92 of this constitution (which protects pensions rights in respect of service as a public officer). 81. public debt all debt charges for which grenada is liable shall be a charge on the consolidated fund. for the purposes of this section debt charges include interest, sinking fund charges, the repayment or amortization of debt and all expenditure in connection with the raising of loans on the security of the consolidated fund and the service and redemption of the debt created thereby. 82. director of audit there shall be a director of audit whose office shall be a public office. it shall be the duty of the director of audit to audit and report on the public accounts of grenada, the accounts of all officers and authorities of the government of grenada, the accounts of all courts in grenada (including any accounts of the court of appeal or the high court maintained in grenada), the accounts of every commission established by this constitution and the accounts of the clerk to the senate and the clerk to the house of representatives. the director of audit and any officer authorised by him shall have access to all books, records, returns, reports and other documents which in his opinion relate to any of the accounts referred to in subsection (2) of this section. the director of audit shall submit every report made by him in pursuance of subsection (2) of this section to the minister for the time being responsible for finance who shall, not later than seven days after the house of representatives first meets after he has received the report, lay it before the house. the director of audit shall exercise such other functions in relation to the accounts of the government of grenada or the accounts of other authorities or bodies established by law for public purposes as may be prescribed by or under any law enacted by parliament. in the exercise of his functions under subsections (2), (3) and (4) of this section, the director of audit shall not be subject to the direction or control of any other person or authority. chapter vi. the public service part i. the public service commission 83. public service commission there shall be a public service commission for grenada which shall consist of a chairman and four other members who shall be appointed as follows:the chairman and two members shall be appointed by the governor-general, acting in accordance with the advice of the prime minister; two members shall be appointed by the governor-general, acting in accordance with the advice of the prime minister after the prime minister has consulted the appropriate representative bodies: provided, however, that no appointment shall be made under this subsection unless the body consulted has been in agreement thereto. a person shall not be qualified to be appointed as a member of the commission ifhe is a senator or a member of the house of representatives; or he is a judge of the court of appeal or the high court or a public officer. a member of the commission shall not, within the period of three years commencing with the day on which he last held or acted in the office of member of the commission, be eligible for appointment to or to act in any public office. subject to the provisions of this section, the office of a member of the commission shall become vacantat the expiration of three years from the date of his appointment; or if any circumstances arise that, if he were not a member of the commission, would cause him to be disqualified to be appointed as such under subsection (2) of this section. a member of the commission may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. a member of the commission shall be removed from office by the governor-general if the question of his removal from office has been referred to a tribunal appointed under subsection (7) of this section and the tribunal has recommended to the governor-general that he ought to be removed from office for inability as aforesaid or for misbehaviour. if the prime minister represents to the governor-general that the question of removing a member of the commission under this section ought to be investigated, thenthe governor-general shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the chief justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from such a court; and the tribunal shall enquire into the matter and report on the facts thereof to the governor-general and recommend to him whether the member ought to be removed under this section. if the question of removing a member of the commission has been referred to a tribunal under this section, the governor-general, acting in accordance with the advice of the prime minister, may suspend that member from the exercise of the functions of his office and any such suspension may at any time be revoked by the governor-general, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the governor-general that that member should not be removed. if the office of chairman of the commission is vacant or if the person holding that office is for any reason unable to exercise the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be exercised by such one of the other members of the commission as may for the time being be designated in that behalf by the governor-general, acting in accordance with the advice of the prime minister. if at any time any member of the commission is acting as chairman or is for any reason unable to exercise the functions of his office, the governor-general, acting in accordance with the advice of the prime minister, may appoint a person who is qualified to be appointed as a member of the commission to act as a member, and any person so appointed shall, subject to the provisions of subsection (5) of this section, continue to act until the office in which he is acting has been filled or, as the case may be, until the holder thereof has resumed his functions or until his appointment to act has been revoked by the governor-general, acting in accordance with the advice of the prime minister. a member of the commission shall not enter upon the duties of his office until he has taken and subscribed the oath of allegiance and the oath of office. the commission shall, in the exercise of its functions under this constitution, not be subject to the direction or control of any other person or authority. the commission may by regulation or otherwise regulate its own procedure and, with the consent of the prime minister, may confer powers or impose duties on any public officer or on any authority of the government of grenada for the purpose of the exercise of its functions. the commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings: provided that any decision of the commission shall require the concurrence of a majority of all its members. in this section “the appropriate representative bodies” means the grenada civil service association and the grenada union of teachers. 84. appointment, etc., of public officers subject to the provisions of section 91 of this constitution, the power to appoint persons to hold or act in offices in the public service (including the power to confirm appointments), the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office and the power to grant leave shall vest in the public service commission. the public service commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its powers under subsection (1) of this section to any one or more members of the commission or, with the consent of the prime minister, to any public officer. the provisions of this section shall not apply in relation to the following offices, that is to say:any office to which section 85 of this constitution applies; the office of director of public prosecutions; the office of director of audit; any office to which section 88 of this constitution applies; any office in the police force. no person shall be appointed under this section to or to act in any office of the governor-general’s personal staff except with the concurrence of the governor-general. before any of the powers conferred by this section are exercised by the public service commission or any other person or authority in relation to the clerk of the senate or the clerk of the house of representatives or a member of the staff of either of those houses, the commission or that person or authority shall consult with the president of the senate or the speaker of the house, as the case may be. before the public service commission or any other person or authority exercises its powers under this section to appoint to or to act in any public office any person who holds or is acting in any office the power to make appointments to which is vested by this constitution in the judicial and legal services commission, the public service commission or that person or authority shall consult with the judicial and legal services commission. a public officer shall not be removed from office or subjected to any other punishment under this section on the grounds of any act done or omitted by him in the exercise of a judicial function conferred on him unless the judicial and legal services commission concurs therein. every officer who is required to retire on abolition of his office or for the purpose of reorganisation of his ministry or department shall be entitled to pension and retiring benefits as if he had attained the compulsory retiring age. part ii. appointments, etc., to particular offices 85. appointment, etc., of permanent secretaries and certain other officers this section applies to the offices of secretary to the cabinet, permanent secretary, head of a department of government and deputy head of a department of government. subject to the provisions of section 91 of this constitution, the power to appoint persons to hold or to act in offices to which this section applies (including the power to confirm appointments), the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the governor-general, acting in accordance with the advice of the public service commission: provided thatthe power to appoint a person to hold or act in an office of permanent secretary on transfer from another such office carrying the same salary shall vest in the governor-general acting in accordance with the advice of the prime minister; before the public service commission tenders advice to the governor-general with respect to the appointment of any person to hold an office to which this section applies (other than an appointment to an office of permanent secretary on transfer from another such office carrying the same salary) it shall consult with the prime minister and if the prime minister signifies his objection to the appointment of any person to the office, the commission shall not advise the governor-general to appoint that person. references in this section to a department of government do not include references to the department of the attorney-general, the department of the director of public prosecutions, the department of the director of audit or the police force. 86. director of public prosecutions the director of public prosecutions shall be appointed by the governor-general acting in accordance with the advice of the judicial and legal services commission. if the office of director of public prosecutions is vacant or if the director of public prosecutions is for any reason unable to exercise the functions of his office, the governor-general, acting in accordance with the advice of the judicial and legal services commission, may appoint a person to act as director of public prosecutions. a person appointed to act in the office of director of public prosecutions shall, subject to subsections (5), (7), (8) and (9) of this section, cease so to actwhen a person is appointed to hold that office and has assumed the functions thereof or, as the case may be, when the person in whose place he is acting resumes the functions of that office; or at such earlier time as may be prescribed by the terms of his appointment. a person shall not be qualified to be appointed to hold or act in the office of director of public prosecutions unlesshe is qualified to practise as an advocate in a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth; and he has been qualified for not less than five years to practise as an advocate or solicitor in such a court. subject to the provisions of subsection (7) of this section, the director of public prosecutions shall vacate his office when he attains the prescribed age. a person holding the office of director of public prosecutions may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. the director of public prosecutions shall be removed from office by the governor-general if the question of his removal from office has been referred to a tribunal appointed under subsection (8) of this section and the tribunal has recommended to the governor-general that he ought to be removed for inability as aforesaid or for misbehaviour. if the prime minister or the chairman of the judicial and legal services commission represents to the governor-general that the question of removing the director of public prosecutions under this section ought to be investigated thenthe governor-general shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the chief justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from such a court; and the tribunal shall enquire into the matter and report on the facts thereof to the governor-general and recommend to him whether the director of public prosecutions ought to be removed under this section. if the question of removing the director of public prosecutions has been referred to a tribunal under this section, the governor-general acting in accordance with the advice of the judicial and legal services commission, may suspend the director of public prosecutions from the exercise of the functions of his office and any such suspension may at any time be revoked by the governor-general, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the governor-general that the director of public prosecutions should not be removed. the prescribed age for the purposes of subsection (5) of this section is the age of sixty years or such other age as may be prescribed by parliament: provided that any law enacted by parliament, to the extent to which it alters the prescribed age after a person has been appointed to be or to act as director of public prosecutions, shall not have effect in relation to that person unless he consents that it should have effect. 87. director of audit the director of audit shall be appointed by the governor-general director of audit acting in accordance with the advice of the public service commission. if the office of director of audit is vacant or if the director of audit is for any reason unable to exercise the functions of his office, the governor-general, acting in accordance with the advice of the public service commission, may appoint a person to act as director of audit. before tendering advice for the purposes of subsection (1) or subsection (2) of this section, the public service commission shall consult the prime minister. a person appointed to act in the office of director of audit shall, subject to subsections (5), (7), (8) and (9) of this section, cease so to actwhen a person is appointed to hold that office and has assumed the functions thereof or, as the case may be, when the person in whose place he is acting resumes the functions of that office; or at such earlier time as may be prescribed by the terms of his appointment. subject to the provisions of subsection (7) of this section the director of audit shall vacate his office when he attains the prescribed age. a person holding the office of director of audit may be removed from office only for inability to exercise the functions of his office(whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. the director of audit shall be removed from office by the governor-general if the question of his removal from office has been referred to a tribunal appointed under subsection (8) of this section and the tribunal has recommended to the governor-general that he ought to be removed for inability as aforesaid or for misbehaviour. if the prime minister or the chairman of the public service commission represents to the governor-general that the question of removing the director of audit under this section ought to be investigatedthe governor-general shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the chief justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from such a court; and the tribunal shall enquire into the matter and report on the facts thereof to the governor-general and recommend to him whether the director of audit ought to be removed under this section. if the question of removing the director of audit has been referred to a tribunal under this section, the governor-general, acting in accordance with the advice of the public service commission, may suspend the director of audit from the exercise of the functions of his office and any such suspension may at any time be revoked by the governor-general, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the governor-general that the director of audit should not be removed. the prescribed age for the purposes of subsection (5) of this section is the age of sixty years or such other age as may be prescribed by parliament: provided that any law enacted by parliament, to the extent to which it alters the prescribed age after a person has been appointed to be or to act as director of audit, shall not have effect in relation to that person unless he consents that it should have effect. 88. appointment, etc., of magistrates, registrars and legal officers this section applies to the offices of magistrate, registrar of the high court and any public office in the department of the attorney-general (including the public office of attorneygeneral) or the department of the director of public prosecutions (other than the office of director) for appointment to which persons are required to be qualified to practice as a barrister or a solicitor in grenada. the power to appoint persons to hold or act in offices to which this section applies (including the power to confirm appointments) and, subject to the provisions of section 70(4) of this constitution, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the governor-general, acting in accordance with the advice of the judicial and legal services commission. 89. police force subject to the provisions of section 91 of this constitution, the power to appoint a person to hold or act in the office of chief of police and the power to remove the chief of police from office shall vest in the governor-general, acting in accordance with the advice of the public service commission: provided that before the public service commission tenders advice to the governor-general with respect to the appointment of any person to hold the office of chief of police the commission shall consult with the prime minister and if the prime minister signifies his objection to the appointment of any person to the office the commission shall not advise the governor-general to appoint that person. subject to the provisions of section 91 of this constitution, the power to appoint persons to hold or act in offices in the police force below the rank of chief of police but above the rank of sergeant (including the power to confirm appointments), the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the public service commission. subject to the provisions of section 91 of this constitution, the power to appoint persons to hold or act in offices in the police force of or below the rank of sergeant (including the power to confirm appointments), the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the chief of police. the chief of police may, by directions given in such manner as he thinks fit and subject to such conditions as he thinks fit, delegate any of his powers under subsection (3) of this section to any other member of the police force. if provision is made by or under any lawaltering the ranks into which the royal grenada police force established by the police ordinance (a) is divided; or establishing a police force other than the royal grenada police force or altering the ranks into which any such other police force is divided, the public service commission may, by order published in the official gazette, specify some rank (other than the rank of sergeant) in the police force or, as the case may be, in that other police force as being equivalent to the rank of sergeant as it exists in the royal grenada police force under the law in force immediately before the coming into operation of this constitution and the references in subsections (2) and (3) of this section to the rank of sergeant shall then be construed as if they were, in relation to the royal grenada police force or, as the case may be, in relation to that other police force, references to the rank for the time being so specified. part iii. the public service board of appeal 90. public service board of appeal there shall be a public service board of appeal for grenada which shall consist ofone member appointed by the governor-general, acting in his own deliberate judgment, who shall be chairman; one member appointed by the governor-general, acting in accordance with the advice of the prime minister, and one member appointed by the governor-general, acting in accordance with the advice of the appropriate representative bodies. a person shall not be qualified for appointment as a member of the board if he is a senator or a member of the house of representatives. subject to the provisions of this section, the office of a member of the board shall become vacantat the expiration of three years from the date of his appointment; or if any circumstances arise that, if he were not a member of the board would cause him to be disqualified to be appointed as such under subsection (2) of this section. a member of the board may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. a member of the board shall be removed from office by the governor-general if the question of his removal from office has been referred to a tribunal appointed under subsection (6) of this section and the tribunal has recommended to the governor-general that he ought to be removed from office for inability as aforesaid or for misbehaviour. if the governor-general, acting in his own deliberate judgment, considers that the question of removing a member of the board under this section ought to be investigated, thenthe governor-general, acting in his own deliberate judgment, shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the chief justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or by a court having jurisdiction in appeals from such a court; and the tribunal shall enquire into the matter and report on the facts thereof to the governor-general and recommend to him whether the member ought to be removed under this section. if the question of removing a member of the board has been referred to a tribunal under this section, the governor-general, acting in his own deliberate judgment, may suspend that member from the exercise of the functions of his office and any such suspension may be at any time revoked by the governor-general, acting as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the governor-general that that member should not be removed. 8 if at any time any member of the board is for any reason unable to exercise the functions of his office, the governor-general may appoint a person who is qualified to be appointed as a member of the board to act as a member, and any person so appointed shall, subject to the provisions of subsection (4) of this section, continue to act until the office in which he is acting has been filled or, as the case may be, until the holder thereof has resumed his functions or until his appointment to act has been revoked by the governor-general. in the exercise of the powers conferred by this subsection the governor-general shall act in his own deliberate judgment in any case where the member unable to exercise the functions of his office was appointed under paragraph (a) of subsection (1) of this section and in any case where the member of the board unable to exercise the function of his office was appointed under paragraph (b) or (c) of subsection (1) of this section, the governor-general shall act in accordance with the advice of the prime minister or the appropriate representative body, as the case may be. the board shall, in the exercise of its functions under this constitution, not be subject to the direction or control of any other person or authority. in this section “the appropriate representative body” has the meaning in section 83(15) of this constitution. 91. appeals in discipline cases subject to the provisions of this section, an appeal shall lie to the public service board of appeal from any of the following decisions at the instance of the person in respect of whom the decision is madeany decision of the governor-general, acting in accordance with the advice of the public service commission, or any decision of the public service commission to remove a public officer from office or to exercise disciplinary control over a public officer (including a decision made on appeal from or confirming a decision of any person to whom powers are delegated under section 84(2) of this constitution); any decision of any person to whom powers are delegated under section 84(2) of this constitution to remove a public officer from office or to exercise disciplinary control over a public officer (not being a decision which is subject to appeal to or confirmation by the public service commission); or any decision of the public service commission to give such concurrence as is required by section 93(1) or 93(2) of this constitution in relation to the refusal, withholding, reduction in amount or suspending of any pensions benefits in respect of an officer’s service as a public officer. parliament may provide that where the power to exercise disciplinary control over any member of the police force (including the power to remove him from office) has been exercised under subsection (3) or subsection (4) of section 89 of this constitution by any member of the police force (hereinafter referred to as “the disciplinary authority”), an appeal shall lie to the public service board of appeal, at the instance of the member of the police force in respect of whom it was so exercised, from the decision of the disciplinary authority: provided that parliament or (in the case of the exercise of a power under subsection (4) of section 89 of this constitution) the chief of police may require appeals to be made to the chief of police before they are made to the public service board of appeal. upon an appeal under subsection (1) of this section or any law enacted in pursuance of subsection (2) of this section the board may affirm or set aside the decision appealed against or may make any other decision which the authority or person from whom the appeal lies could have made. every decision of the board shall require the concurrence of a majority of all its members. subject to the provisions of subsection (4) of this section, the board may by regulation make provision forthe procedure in appeals under this section; excepting from the provisions of subsection (1) of this section decisions in respect of public officers holding offices whose emoluments do not exceed such sum as may be prescribed by the regulations or such decisions to exercise disciplinary control, other than decisions to remove from office, as may be so prescribed. regulations made under this section may, with the consent of the prime minister, confer powers or impose duties on any public officer or any authority of the government of grenada for the purpose of the exercise of the functions of the board. the board may, subject to the provisions of this section and to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member. part iv. pensions 92. pensions laws and protection of pensions rights the law to be applied with respect to any pensions benefits that were granted to any person before this section comes into operation shall be the law that was in force at the date on which those benefits were granted or any law in force at a later date that is not less favourable to that person. the law to be applied with respect to any pensions benefits (not being benefits to which subsection (1) of this section applies) shallin so far as those benefits are wholly in respect of a period of service as a judge or public officer that commenced before the date upon which this section comes into operation, be the law that was in force on the date upon which this section comes into operation; and in so far as those benefits are wholly or partly in respect of a period of service as a judge or public officer that commenced after this section comes into operation, be the law in force on the date on which that period of service commenced, or any law in force at a later date that is not less favourable to that person. where a person is entitled to exercise an option as to which of two or more laws shall apply in his case, the law for which he opts shall for the purposes of this section, be deemed to be more favourable to him than the other law or laws. all pensions benefits shall (except to the extent that they are charged upon and duly paid out of some other fund) be a charge on the consolidated fund. in this section “pensions benefits” means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as judges or public officers or for the widows, children, dependants or representatives of such persons in respect of such service. in this section references to service as a judge are references to service as a judge of the court of appeal, a judge of the high court or a judge of the supreme court established by the windward islands and leeward islands (court) order in council 1959 (a) and references to service as a public officer include service in an office established under section 12 of the courts order. references in this section to the law with respect to pensions benefits include (without prejudice to their generality) references to the law regulating the circumstances in which such benefits may be granted or in which the grant of such benefits may be refused, the law regulating the circumstances in which any such benefits that have been granted may be withheld, reduced in amount or suspended and the law regulating the amount of any such benefits. 93. power to withhold pensions, etc where under any law any person or authority has a discretionto decide whether or not any pensions benefits shall be granted, or to withhold, reduce in amount or suspend any such benefits that have been granted, those benefits shall be granted and may not be withheld, reduced in amount or suspended unless the public service commission concurs in the refusal to grant the benefits or, as the case may be, in the decision to withhold them, reduce them in amount or suspend them. where the amount of any pensions benefits that may be granted to any person is not fixed by law, the amount of the benefits to be granted to him shall be the greatest amount for which he is eligible unless the public service commission concurs in his being granted benefits of a smaller amount. the public service commission shall not concur under subsection (1) or subsection (2) of this section in any action taken on the ground that any person who holds or has held the office of judge of the high court, director of public prosecutions, or director of audit has been guilty of misbehaviour in that office unless he has been removed from that office by reason of such misbehaviour. before the public service commission concurs under subsection (1) or subsection (2) of this section in any action taken on the ground that any person who holds or has held any office to which, at the time of such action, section 87 of this constitution applies has been guilty of misbehaviour in that office, the public service commission shall consult the judicial and legal service commission. any person who is entitled to the payment of any pensions benefits and who is ordinarily resident outside grenada may, within a reasonable time after he has received that payment, remit the whole of it (free from any deduction, charge or tax made or levied in respect of its remission) to any country of his choice outside grenada: provided that nothing in this subsection shall be construed as preventingthe attachment, by order of a court, of any payment or part of any payment to which a person is entitled in satisfaction of the judgment of a court or pending the determination of any civil proceedings to which he is a party to the extent to which such attachment is permitted by the law with respect to pensions benefits that applies in the case of that person; or the imposition of reasonable restrictions as to the manner in which any payment is to be remitted. in this section “pensions benefits” means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as judges or public officers or for the widows, children, dependants or personal representatives of such persons in respect of such service. in this section references to service as a judge are references to service as a judge of the court of appeal, a judge of the high court or a judge of the supreme court established by the windward islands and leeward islands (courts) order in council 1959 and references to service as a public officer include service in an office established under section 12 of the courts order. chapter vii. citizenship 94. persons who become citizens on 7th february 1974 every person who, having been born in grenada is on 6th february 1974 a citizen of the united kingdom and colonies shall become a citizen of grenada on 7th february 1974. every person who, on 6th february 1974 is a citizen of the united kingdom and colonieshaving become such a citizen under the british nationality act 1948 (a) by virtue of his having been naturalised in grenada as a british subject before that act came into force; or having become such a citizen by virtue of his having been naturalised or registered in grenada under that act, shall become a citizen of grenada on 7th february 1974. every person who, having been born outside grenada, is on 6th february 1974 a citizen of the united kingdom and colonies shall, if his father or mother becomes, or would but for his death have become, a citizen of grenada by virtue of subsection (1) or subsection (2) of this section, become a citizen of grenada on 7th february 1974. 95. persons entitled to be registered as citizens any person who, before 7th february 1974, has been married to a personwho becomes a citizen of grenada by virtue of section 94 of this constitution; or who, having died before that date, would, but for his death, have become a citizen of grenada by virtue of that section, but whose marriage has been terminated by death or dissolution before that date shall be entitled, upon making application and if he is a british protected person or an alien taking the oath of allegiance, to be registered as a citizen of grenada. any person who, having been born outside grenada, is on 6th february 1974 a citizen of the united kingdom and colonies and under the age of eighteen years shall, if his father or his mother becomes a citizen of grenada on 7th february 1974 by virtue of section 94(2) of this constitution be entitled, upon application being made on his behalf by his parent or guardian before he attains the age of eighteen years or before such later date as may be prescribed by parliament, to be registered as a citizen of grenada. an application for registration under this section shall be made in such manner as may be prescribed, as respects that application, by parliament. 96. persons born in grenada on or after 7th february 1974 every person born in grenada on or after 7th february 1974 shall become a citizen of grenada at the date of his birth: provided that a person shall not become a citizen of grenada by virtue of this section if at the time of his birthneither of his parents is a citizen of grenada and his father or mother possesses such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to grenada; or his father or mother is a citizen of a country with which grenada is at war and the birth occurs in a place then under occupation by that country. 97. person born outside grenada on or after 7th february 1974 a person born outside grenada on or after 7th february 1974 shall become a citizen of grenada at the date of his birth if, at that date, his father or his mother is a citizen of grenada otherwise than by virtue of this section or section 94(3) of this constitution. 98. marriage to citizen of grenada any person who is married to a citizen of grenada or who has been married to a person who was, during the subsistence of the marriage, a citizen of grenada shall be entitled, upon making application in such manner as may be prescribed by or under a law enacted by parliament, and if he is a british protected person or an alien taking the oath of allegiance, to be registered as a citizen of grenada. 99. powers of parliament parliament may make provision for the acquisition of citizenship of grenada by persons who are not eligible or who are no longer eligible to become citizens of grenada under the provisions of this chapter. parliament may make provision for depriving of his citizenship of grenada any person who is a citizen of grenada otherwise than by virtue of section 94, section 96 or section 97 of this constitution. parliament may make provision for the renunciation by any person of his citizenship of grenada. 100. interpretation in this chapter“alien” means a person who is not a commonwealth citizen, a british protected person or a citizen of the republic of ireland; “british protected person” means a person who is a british protected person for the purpose of the british nationality act 1948 or any act of the united kingdom parliament amending or replacing that act. any reference in this chapter to the father of a person shall, in relation to a person born out of wedlock and not legitimated, be construed as a reference to the mother of that person. for the purposes of this chapter, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country. any reference in this chapter to the national status of the father of a person at the time of that person’s birth shall, in relation to a person born after the death of his father, be construed as a reference to the national status of the father at the time of the father’s death; and where that death occurred before 7th february 1974 and the birth occurred on or after that date the national status that the father would have had if he had died on that date shall be deemed to be his national status at the time of his death. chapter viii. judicial provisions 101. original jurisdiction of high court in constitutional question subject to the provisions of sections 22(2), 39(8), 49(4), 56 and 108 of this constitution, any person who alleges that any provision of this constitution (other than a provision of chapter i) has been or is being contravened may, if he has a relevant interest, apply to the high court for a declaration and for relief under this section. the high court shall have jurisdiction on an application made under this section to determine whether any provision of this constitution (other than a provision of chapter i) has been or is being contravened and to make a declaration accordingly. where the high court makes a declaration under this section that a provision of this constitution has been or is being contravened and the person on whose application the declaration is made has also applied for relief, the high court may grant to that person such remedy as it considers appropriate, being a remedy available generally under the law of grenada in proceedings in the high court. the chief justice may make rules with respect to the practice and procedure of the high court in relation to the jurisdiction and powers conferred on the court by or under this section, including provision with respect to the time within which any application under this section may be made. a person shall be regarded as having a relevant interest for the purpose of an application under this section only if the contravention of this constitution alleged by him is such as to affect his interests. the right conferred on a person by this section to apply for a declaration and relief in respect of an alleged contravention of this constitution shall be in addition to any other action in respect of the same matter that may be available to that person under any other enactment or any rule of law. nothing in this section shall confer jurisdiction on the high court to hear or determine any such question as is referred to in section 37 of this constitution. 102. reference of constitutional questions to high court where any question as to the interpretation of this constitution arises in any court of law established for grenada (other than the court of appeal, the high court or a court martial) and the court is of opinion that the question involves a substantial question law the court shall refer the question to the high court. where any question is referred to the high court in pursuance of this section, the high court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if the decision is the subject of an appeal to the court of appeal or her majesty in council, in accordance with the decision of the court of appeal or, as the case may be, her majesty in council. 103. appeals to court of appeal subject to the provisions of section 37(7) of this constitution, an appeal shall lie from decisions of the high court to the court of appeal as of right in the following casesfinal decisions in any civil or criminal proceedings on questions as to the interpretation of this constitution; final decisions given in exercise of the jurisdiction conferred on the high court by section 16 of this constitution (which relates to the enforcement of the fundamental rights and freedoms). 104. appeals to her majesty in council subject to the provisions of section 37(7) of this constitution, an appeal shall lie from decisions of the court of appeal to her majesty in council as of right in the following caseswhere the matter in dispute on the appeal to her majesty in council is of the value of fifteen hundred dollars or upwards or where the appeal involves directly or indirectly a claim to or question respecting property or a right of the value of fifteen hundred dollars or upwards, final decisions in any civil proceedings; final decisions in proceedings for dissolution or nullity of marriage; final decisions in any civil or criminal proceedings which involve a question as to the interpretation of this constitution; and such other cases as may be prescribed by parliament. subject to the provisions of section 37(7) of this constitution, an appeal shall lie from decisions of the court of appeal to her majesty in council with the leave of the court of appeal in the following caseswhere in the opinion of the court of appeal the question involved in the appeal is one that, by reason of its great general or public importance or otherwise, ought to be submitted to her majesty in council, decisions in any civil proceedings; and such other cases as may be prescribed by parliament. an appeal shall lie to her majesty in council with the special leave of her majesty from any decision of the court of appeal in any civil or criminal matter. reference in this section to decisions of the court of appeal shall be construed as reference to decisions of the court of appeal in exercise of the jurisdiction conferred by this constitution or any law for the time being in force in grenada. 105. courts order in this chapter reference to this constitution shall be construed as including reference to the courts order, which, subject to any provision made by parliament under section 39 of this constitution, shall continue to have effect as part of the law of grenada and for that purposethe supreme court established by the court order shall be styled the supreme court of grenada and the west indies associated states; references in the court order to the premier of grenada shall be construed as reference to the prime minister of grenada. chapter ix. miscellaneous 106. supreme law this constitution is the supreme law of grenada and, subject to the provisions of this constitution, if any other law is inconsistent with this constitution, this constitution shall prevail and the other law shall, to the extent of the inconsistency, be void. 107. local government there shall be a council for carriacou and petit martinique, which shall be the principal organ of local government in those islands. the council shall have such membership and functions as parliament may prescribe. 108. certain questions not to be enquired into in any court where by this constitution the governor-general is required to perform any function in accordance with the advice of the cabinet, the prime minister or any other minister or the leader of the opposition, the question whether the governor-general has received or acted in accordance with such advice shall not be enquired into in any court of law. 109. resignations any person who is appointed or elected to any office established by this constitution or any office of minister established under this constitution may resign from that office by writing under his hand addressed to the person or authority by whom he was appointed or elected: provided thatthe resignation of a person from the office of president or deputy president of the senate shall be addressed to the senate; the resignation of a person from the office of speaker or deputy speaker of the house of representatives shall be addressed to the house; and the resignation of any person from the office of senator or member of the house of representatives shall be addressed to the president of the senate or the speaker of the house, as the case may be. the resignation of any person from any such office as aforesaid shall take effect when the writing signifying the resignation is received by the person or authority to whom it is addressed or any person authorised by that person or authority to receive it. 110. re-appointments and concurrent appointments where any person has vacated any office established by this constitution or any office of minister established under this constitution, he may, if qualified, again be appointed or elected to hold that office in accordance with the provisions of this constitution. where this constitution vest in any person or authority the power to make any appointment to any office, a person may be appointed to that office, notwithstanding that some other person may be holding that office, when that other person is on leave of absence pending the relinquishment of the office; and where two or more persons are holding the same office by reason of an appointment made in pursuance of this subsection, then, for the purposes of any function conferred upon the holder of that office, the person last appointed shall be deemed to be the sole holder of the office. 111. interpretation in this constitution, unless the context otherwise requires“commonwealth citizen” has such meaning as parliament may by law prescribe; “dollars” means dollars in the currency of grenada; “financial year” means any period of twelve months beginning on 1st january in any year or such other date as parliament may prescribe; “gazette” means any gazette published by order of the government of grenada; “law” includes any instrument having the force of law and any unwritten rule of law and “lawful” and “lawfully” shall be construed accordingly; “parliament” means the parliament of grenada; “oath” includes affirmation; “oath of allegiance” means the oath of allegiance set out in schedule 3 to this constitution; “oath of office” means, in relation to any office, the oath for the due execution of that office set out in schedule 3 to this constitution; “the police force” means the royal grenada police force established by the police ordinance and includes any other police force established by or under a law enacted by parliament to succeed to the functions of the royal grenada police force; “public office” means any office of emolument in the public service; “public officer” means a person holding or acting in any public office; “the public service” means, subject to the provisions of this section, the service of the crown in a civil capacity in respect of the government of grenada; “session” means the period beginning when a house of parliament first meets after the commencement of this constitution or after parliament has at any time been prorogued or dissolved and ending when parliament is prorogued or when parliament is dissolved without having been prorogued; “sitting” means, in relation to a house of parliament, the period during which the house is sitting continuously without adjournment and includes any period during which it is in committee. in this constitution reference to an office in the public service shall not be construed as includingreferences to the office of president or deputy president of the senate, the speaker or deputy speaker of the house of representatives, the prime minister or any other minister, a parliamentary secretary, a senator or a member of the house of representatives; reference to the office of a member of any commission established by this constitution, a member of the advisory committee on the prerogative of mercy or a member of the public service board of appeal; references to the office of judge of the court of appeal or judge of the high court; save in so far as may be provided by parliament, references to the office of a member of any other council, board, panel, committee or other similar body (whether incorporated or not) established by or under any law. in this constitution references to the court of appeal, the high court and the judicial and legal services commission are references to the court of appeal, the high court and the judicial and legal services commission established by the court order. in this constitution references to the courts order have the meaning in section 39(9) of this constitution. for the purposes of this constitution, a person shall not be regarded as holding an office by reason only of the fact that he is in receipt of a pension or other like allowance. in this constitution, unless the context otherwise requires, a reference to the holder of an office by the term designating his office shall be construed as including, to the extent of his authority, a reference to any person for the time being authorised to exercise the functions of that office. except in the case where this constitution provides for the holder of any office thereunder to be such person holding or acting in any other office as may for the time being be designated in that behalf by some specified person or authority, no person may, without his consent, be nominated for election to any office or be appointed to or to act therein. references in this constitution to the power to remove a public officer from his office shall be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service: provided thatnothing in this subsection shall be construed as conferring on any person or authority the power to require the director of public prosecutions or the director of audit to retire from the public service; and any power conferred by any law to permit a person to retire from the public service shall, in the case of any public officer who may be removed from office by some person or authority other than a commission established by this constitution, vest in the public service commission. any provision in this constitution that vests in any person or authority the power to remove any public officer from his office shall be without prejudice to the power of any person or authority to abolish any office or to any law providing for the compulsory retirement of public officers generally or any class of public officer on attaining an age specified by or under that law. where this constitution vests in any person or authority the power to appoint any person to act in or to exercise the functions of any office if the holder thereof is himself unable to exercise those functions no such appointment shall be called in question on the grounds that the holder of the office was not unable to exercise those functions. no provision of this constitution that any person or authority shall not be subject to the direction or control of any other person or authority in the exercise of any functions under this constitution shall be construed as precluding a court from exercising jurisdiction in relation to any question whether that person or authority has exercised those functions in accordance with this constitution or any other law. without prejudice to the provisions of section 32(3) of the interpretation act 1889(a) (as applied by subsection (15) of this section), where any power is conferred by this constitution to make any order regulation or rule or give any direction or make any designation, the power shall be construed as including the power, exercisable in like manner and subject to the like conditions, if any, to amend or revoke any such order, regulation, rule, direction, or designation. any reference in this constitution to a law made before the coming into operation of this constitution shall, unless the context otherwise requires, be construed as a reference to that law as it had effect immediately before the coming into operation of this constitution. any reference in this constitution to a law that amends or replaces any other law or any provision of any other law shall be construed as including a reference to a law that modifies, re-enacts, with or without amendment or modification, suspends, repeals, adds new provisions to or makes different provision in lieu of that other law or that provision. the interpretation act 1889 shall apply, with the necessary adaptations, for the purpose of interpreting this constitution and otherwise in relation thereto as it applies for the purpose of interpreting and in relation to acts of the united kingdom parliament. schedule 1 to the constitution part i. provisions of the constitution referred to in section 39(5) chapter i; sections 19, 21 and 57; sections 23, 24, 29, 32, 35, 37, 38, 45, 47, 48, 49, 51, 52, 53, 54, 55 and 56; section 71 and chapter v; chapter vi (except sections 90 and 91); chapter vii (except section 104); section 111 in its application to any of the provisions mentioned in the foregoing items of this schedule; or schedule 2. part ii. provisions of the courts order referred to in section 39(5) sections 4, 5, 6, 8, 11, 18 or 19. schedule 2 to the constitution. rules relating to constituencies all constituencies shall contain as nearly equal numbers of inhabitants as appears to the constituency boundaries commission to be reasonably practicable, but the commission may depart from this rule to such extent as it considers expedient to take account of the following factors, that is to say:the density of population, and in particular the need to ensure the adequate representation of sparsely-populated rural areas; the means of communication; geographical features; the boundaries of administrative areas. schedule 3 to the constitution. forms of oath oath of allegiance i, …………………………., do swear [or solemnly affirm] that i will faithfully bear true allegiance to her majesty queen elizabeth the second, her heirs and successors, according to law. so help me god. [to be omitted in affirmation.] oath of office i, …………………………., do swear [or solemnly affirm] that i will faithfully execute the office of ……………………………. without fear or favour, affection or ill-will and that in the execution of the functions of that office i will honour, uphold and preserve the constitution of grenada. so help me god. [to be omitted in affirmation.] preamble we the representatives of the brazilian people, convened the national constituent assembly, to institute a democratic state destined to ensure the exercise of social and individual rights, liberty, security, well-being, development, equality and justice as supreme values of a fraternal, pluralist and unprejudiced society, founded on social harmony and committed, in the domestic and international orders, to the peaceful solution of disputes, promulgate, under the protection of god, the following constitution of the federative republic of brazil. title i. fundamental principles art 1 the federative republic of brazil, formed by the indissoluble union of states and counties (municípios), as well as the federal district, is a democratic state of law founded upon: sovereignty; citizenship; human dignity; social values of work and free initiative; political pluralism. sole paragraph all power emanates from the people, who exercise it through elected representatives or directly, according to this constitution. art 2 the branches of the union are the legislative, the executive and the judiciary, which are independent and harmonious with each other. art 3 the fundamental objectives of the federative republic of brazil are: to build a free, just and unified society; to guarantee national development; to eradicate poverty and substandard living conditions and to reduce social and regional inequalities; to promote the well-being of all, without prejudice as to origin, race, sex, color, age and any other forms of discrimination. art 4 the international relations of the federative republic of brazil are governed by the following principles: national independence; prevalence of human rights; self-determination of peoples; non-intervention; equality among states; defense of peace; peaceful solution of conflicts; repudiation of terrorism and racism; cooperation among people for the progress of humanity; concession of political asylum. sole paragraph the federative republic of brazil shall seek the economic, political, social and cultural integration of the people of latin america, with a view toward forming a latin-american community of nations. title ii. fundamental rights and guarantees chapter i. individual and collective rights and duties art 5 everyone is equal before the law, with no distinction whatsoever, guaranteeing to brazilians and foreigners residing in the country the inviolability of the rights to life, liberty, equality, security and property, on the following terms: men and women have equal rights and duties under the terms of this constitution; no one shall be compelled to do or refrain from doing something except by force of law; no one shall be submitted to torture or to inhuman or degrading treatment; manifestation of thought is free, but anonymity is forbidden; the right of reply is assured, in proportion to the offense, as well as compensation for pecuniary or moral damages or damages to reputation; freedom of conscience and belief is inviolable, assuring free exercise of religious beliefs and guaranteeing, as set forth in law, protection of places of worship and their rites; providing religious assistance at civilian and military establishments for collective confinement is assured, as provided by law; no one shall be deprived of any rights because of religious beliefs or philosophical or political convictions, unless invoked in order to be exempted from a legal obligation imposed upon all by one refusing to perform an alternative service established by law; expression of intellectual, artistic, scientific, and communication activity is free, independent of any censorship or license; personal intimacy, private life, honor and reputation are inviolable, guaranteeing the right to compensation for pecuniary or moral damages resulting from the violation thereof; the home is the individual's inviolable asylum, and no one may enter it without the dweller's consent, except in cases of flagrante delicto, disaster or rescue, or, during the day, with a court order; secrecy of correspondence and of telegraphic, data and telephonic communications is inviolable, except, in the latter case, by court order, in the situations and manner established by law for purposes of criminal investigation or the fact-finding phase of a criminal prosecution; exercise of any job, trade or profession is free, observing the professional qualifications that the law establishes; access to information is assured to everyone, protecting the confidentiality of sources when necessary for professional activity; movement within the national territory is free in peacetime, and any person may, as provided by law, enter, remain or leave with his or her assets; all persons may hold peaceful meetings, without weapons, in places open to the public, without need for authorization, so long as they do not interfere with another meeting previously called for the same place, subject only to prior notice to the proper authority; there is total freedom of association for lawful purposes, but any paramilitary association is prohibited; creation of associations and, as set forth in law, of cooperatives, requires no authorization, prohibiting state interference in their operations; associations may be compulsorily dissolved or their activities suspended only by a judicial decision, which in the former case must be a final and unappealable decision (trânsito em julgado); no one can be compelled to join an association or to remain in one; when expressly authorized, associations have standing to represent their members judicially and extrajudicially; the right of property is guaranteed; property shall comply with its social function; the law shall establish procedures for expropriation for public necessity or use, or for social interest, upon just and prior compensation in cash, with the exception of cases provided for in this constitution; in the event of imminent public danger, the proper authority may use private property, assuring the owner subsequent compensation in case of damage; small rural property, as defined by law, whenever worked by a family, shall not be subject to attachment for payment of debts stemming from its productive activities, and the law shall provide for ways to finance its development; authors own the exclusive rights to use, publish or reproduce their own works, and such rights may be transmitted to their heirs for a period fixed by law; the following are assured, as provided by law: protection of individual participation in collective works and reproduction of human voices and images, including in sports activities; the right of creators, performers and their respective syndicates and associations to monitor the economic utilization of works that they create or in which they participate; the law shall assure inventors of industrial inventions a temporary privilege for their use, as well as the protection of industrial creations, the ownership of trademarks, company names and other distinctive signs, taking into account social interests and the technological and economic development of the country; the right of inheritance is guaranteed; inheritance of foreigners' assets located in the country shall be governed by brazilian law, for the benefit of the brazilian spouse or children, whenever the personal law of the deceased is not more favorable to them; the state shall provide for consumer protection, in accordance with the law; all persons have the right to receive from public agencies information in their private interest or of collective or general interest; such information shall be furnished within the period established by law, under penalty of liability, except for information whose secrecy is essential to the security of society and of the national government; all persons are guaranteed, without the payment of fees: the right to petition public authorities in defense of rights or against illegality or abuse of power; obtaining certificates from government offices for defense of rights and clarification of situations of personal interest; the law may not exclude from review by the judiciary any injury or threat to a right; no law may impair a vested right, a perfected juristic act or res judicata; there shall be no exceptional courts or tribunals; the institution of the jury is recognized, with the organization given to it by law, assuring; full defense; secret voting; sovereignty of verdicts; jurisdiction to judge willful crimes against life; there are no crimes unless defined in prior law, nor are there any penalties unless previously imposed by law; the criminal law shall not be retroactive, except to benefit the defendant; the law shall punish any discrimination attacking fundamental rights and liberties; the practice of racism is a non-bailable crime not subject to the statute of limitations and is punishable by imprisonment, as provided by law; the law shall regard as crimes not subject to bail, clemency or amnesty, the practice of torture, illicit trafficking in narcotics and similar drugs, terrorism, and those crimes defined as heinous; liable for these crimes are those giving the commands, those executing these commands, and those who, although able to avoid the crimes, fail to do so; actions of civilian or military armed groups against the constitutional order and the democratic state are non-bailable crimes for which the statute of limitations never runs; no punishment shall extend beyond the person convicted, but liability for damages and a decree of loss of assets may, as provided by law, extend to successors and be enforced against them up to the limit of the value of the assets transferred; the law shall regulate individualization of punishment and shall adopt, inter alia the following: deprivation or restriction of liberty; loss of property; fine; alternative social service; suspension or deprivation of rights; there shall be no penalties: of death, except in case of declared war, in the terms of art. 84, xix; of perpetual character; of forced labor; of banishment; that are cruel; sentences shall be served in separate establishments, according to the nature of the offense, and age and sex of the convict; prisoners are assured respect for their physical and moral integrity; female prisoners shall be assured conditions that allow them to remain with their children during the nursing period; no brazilian shall be extradited, except for a naturalized brazilian for a common crime committed prior to naturalization, or proven involvement in unlawful traffic in narcotics and similar drugs, as provided by law; no foreigner shall be extradited for a political or ideological offense; no one shall be tried or sentenced other than by a proper authority; no one shall be deprived of liberty or property without due process of law; litigants in judicial or administrative proceedings and defendants in general are assured an adversary system and a full defense, with the measures and recourses inherent therein; evidence obtained through unlawful means is inadmissible in proceedings; no one shall be considered guilty until his criminal conviction has become final and non-appealable; a civilly identified person shall not be submitted to criminal identification, except in cases provided by law; private prosecution for crimes subject to public prosecution (crimes de ação pública) shall be permitted if a public prosecution is not brought within the period established by law; the law may restrict publicity of procedural acts only if required to defend privacy or the social interest; no one shall be arrested unless in flagrante delicto or by written and substantiated order of a competent judicial authority, except for a military offense or a specific military crime, as defined by law; the arrest of any person and the place where he can be found shall be communicated immediately to the proper judge and to the arrested person's family or to a person designated by him; one under arrest shall be informed of his rights, including the right to remain silent, and shall be assured assistance of his family and a lawyer; one under arrest has the right to identification of those responsible for his arrest or his interrogation by police; judicial authorities shall direct immediate release of those illegally arrested; no one shall be taken to prison or held therein when the law permits provisional liberty, with or without bond; there shall be no civil imprisonment for debt, except for a person who voluntarily and inexcusably defaults on a support obligation and for an unfaithful depository; habeas corpus shall be granted whenever a person suffers or is threatened with suffering violence or coercion in his freedom of movement through illegality or abuse of power; a writ of security (mandado de segurança) shall be issued to protect a liquid and certain right not protected by habeas corpus or habeas data, when the party responsible for the illegality or abuse of power is a public authority or an agent of a legal entity performing governmental duties; a collective writ of security may be brought by: a political party represented in the national congress; a union, professional organization or association legally organized and operative for at least one year, to defend the interests of its members or associates; a mandate of injunction (mandado de injunção) shall be issued whenever lack of regulatory provisions make exercise of constitutional rights and liberties and the prerogatives inherent in nationality, sovereignty and citizenship unfeasible; habeas data shall be granted: to assure knowledge of personal information about the petitioner contained in records or data banks of government agencies or entities of a public character; to correct data whenever the petitioner prefers not to do so through confidential judicial or administrative proceedings; any citizen has standing to bring a popular action to annul an act injurious to the public patrimony or to the patrimony of an entity in which the state participates, to administrative morality, to the environment and to historic and cultural patrimony; except in a case of proven bad faith, the plaintiff is exempt from court costs and from the burden of paying the prevailing party's attorneys' fees and costs; the state shall provide full and gratuitous legal assistance to anyone who proves that he has insufficient funds; the state shall compensate anyone convicted by judicial error, as well any person who remains imprisoned for a period longer than that determined by his sentence; the following shall be free of charge for persons recognized as poor, as provided by law: civil birth certificate; death certificate; habeas corpus and habeas data proceedings and, as provided by law, acts necessary to the exercise of citizenship, are free of charge; everyone is assured that judicial and administrative proceedings will end within a reasonable time and the means to guarantee that they will be handled speedily. the rules defining fundamental rights and guarantees apply immediately. the rights and guarantees established in this constitution do not exclude others derived from the regime and principles adopted by it, or from international treaties to which the federative republic of brazil is a party. international treaties and conventions on human rights approved by both houses of the national congress, in two different voting sessions, by three-fifths votes of their respective members, shall be equivalent to constitutional amendments. brazil submits itself to the jurisdiction of the international criminal tribunal to whose creation it has manifested adhesion. chapter ii. social rights art 6 education, health, nutrition, labor, housing, transport, leisure, security, social security, protection of motherhood and childhood and assistance to the destitute, are social rights, as set forth in this constitution. art 7 the following are rights of urban and rural workers, in addition to any others designed to improve their social condition: employment protected against arbitrary dismissal or dismissal without cause, as provided for by complementary law that shall establish severance pay, among other rights; unemployment insurance, in the event of involuntary unemployment; guarantee fund for the length of service (fundo de garantia do tempo de serviço); a national uniform minimum wage, fixed by law, capable of meeting a worker's basic living needs and those of his family, for housing, nourishment, education, health, leisure, clothing, hygiene, transportation and social security, with periodic adjustments to maintain its purchasing power, prohibiting linkage to it as index for any purpose; a salary floor in proportion to the extent and complexity of the work; irreducibility of salaries or wages, except when provided for in a collective agreement or accord; for those receiving variable compensation, a guaranty that the salary or wage will never fall below the minimum wage; a thirteenth-month salary based on full pay or the amount of pension; higher remuneration for nighttime work than for daytime work; wage protection, as provided by law, with intentional retention constituting a crime; participation in profits or results, independent of remuneration, and, exceptionally, participation in management of the company, as defined by law; family allowance for dependents of the low income worker, as provided by law; normal working hours not to exceed eight hours per day and forty-four hours per week, permitting a trade-off of work hours and reduction in the work day through an accord or a collective bargaining agreement; a workday of six hours for work performed in continuous shifts, unless otherwise established by collective bargaining; paid weekly rest, preferably on sundays; a pay scale for overtime at least fifty percent higher than that for normal work; an annual paid vacation, at a rate at least one-third higher than normal pay; maternity leave without loss of job or wages for a period of one hundred-twenty days; paternity leave, as provided by law; protection of the job market for women through specific incentives, as provided by law; advance notice of dismissal proportional to length of service, with a minimum of thirty days, as provided by law; reduction of risks inherent in the job by means of health, hygiene and safety rules; additional remuneration for strenuous, unhealthy or dangerous work, as provided by law; retirement pension; free assistance for children and dependents from birth to 5 (five) years of age in day-care centers and pre-schools; recognition of collective bargaining accords and agreements; protection because of automation, as provided by law; occupational accident insurance, paid for by the employer, without excluding the employer's liability for indemnity in the event of malice or fault; a cause of action for amounts due from employment relationships, with a statute of limitations of five years for urban and rural workers, up to a limit of two years after termination of the labor contract; revoked; revoked; prohibition of any difference in pay in performance of duties and in hiring criteria by reason of sex, age, color or marital status; prohibition of any discrimination with respect to pay and hiring criteria for handicapped workers; prohibition of any distinction among manual, technical and intellectual work or among the respective professionals; prohibition of nighttime, dangerous or unhealthy work for those under eighteen years of age, and of any work for those under the age of sixteen, except as an apprentice; equal rights for workers with a permanent employment relationship and for occasional workers. sole paragraph the category of domestic workers is assured the rights set out in subparagraphs iv, vi, vii, viii, x, xiii, xv, xvi, xvii, xviii, xix, xxi, xxii, xxiv, xxvi, xxx, xxxi and xxxiii, and taking into consideration the conditions established in law and observing the simplification of the performance of the principal and accessory tax obligations, the provisions in the subparagraphs i, ii, iii, ix, xii, xxv and xxviii, as well as integration into the social security system. art 8 persons are free to form professional or syndical associations, observing the following: the law may not require state authorization for organization of a syndicate, with the exception of registration with the proper agency, prohibiting the government from interfering and intervening in syndical organization; creation of more than one syndical organization, of any level, representing a professional or economic category, is forbidden in the same territorial base, which shall be defined by the interested workers or employers; a base may not be less than the area of one county; the syndicate is responsible for defending the collective or individual rights and interests of its category, including judicial or administrative disputes; the general assembly shall fix dues, which, in the case of a professional category, shall be withheld from the payroll, for the funding of the confederative system of respective syndical representation, independent of the contribution provided for by law; no one shall be required to join or to remain a member of a syndicate; syndicates must participate in collective labor bargaining negotiations; retired members shall be entitled to vote and be voted on in syndical organizations; an employee who is a syndicate member may not be dismissed from the moment he registers as a candidate for a leadership or representative position in the syndicate; if elected, even as an alternate, he may not be dismissed until one year after termination of his term of office, unless he commits a serious fault, as provided by law. sole paragraph provisions of this article apply to the organization of rural syndicates and fishing colonies, with due regard for conditions established by law. art 9 the right to strike is guaranteed; it is up to the workers to decide when to exercise it and upon the interests to be defended thereby. the law shall define which services or activities are essential and shall provide for meeting the community's non-postponable needs. parties responsible for commission of abuses shall be subject to the penalties of the law. art 10 participation of workers and employers is assured in the collegiate bodies of governmental agencies in which their professional or social security interests are subjects of discussion and deliberation. art 11 in firms with more than two hundred employees, election of an employee representative is assured for the exclusive purpose of promoting direct negotiations with employers. chapter iii. nationality art 12 brazilians are: by birth: those born in the federative republic of brazil, even though of foreign parents, provided that they are not in the service of their country; those born abroad of a brazilian father or mother, so long as either is in the service of the federative republic of brazil; those born abroad of a brazilian father or mother, so long as they are registered at a proper brazilian governmental office, or come to reside in the federative republic of brazil and opt for brazilian nationality at any time after reaching the age of majority; by naturalization: those who, as set forth by law, acquire brazilian nationality; for persons whose country of origin is portuguese-speaking, only one uninterrupted year of residence and good moral character are required; foreigners of any nationality, resident in the federative republic of brazil for more than fifteen uninterrupted years and without any criminal conviction, provided they request brazilian nationality. rights inherent to brazilians shall be attributed to portuguese permanently resident in the country if brazilians are afforded reciprocal treatment, except in cases provided for in this constitution. the law may not establish any distinction between native born and naturalized brazilians, except in cases provided for in this constitution. the following positions are restricted to native born brazilians: president and vice-president of the republic; president of the chamber of deputies; president of the federal senate; minister of the supreme federal tribunal; the diplomatic career; officers of the armed forces; the minister of defense. loss of nationality shall be declared for a brazilian: whose naturalization has been cancelled by judicial decision because of activity harmful to the national interest; acquires another nationality, except in the cases: of recognition of original nationality by foreign law; of a foreign law imposing naturalization upon a brazilian residing in a foreign country as a condition for remaining in its territory or for exercise of civil rights. art 13 portuguese is the official language of the federative republic of brazil. the symbols of the federative republic of brazil are the national flag, anthem, coat of arms and seal. the states, the federal district and the counties may have their own symbols. chapter iv. political rights art 14 popular sovereignty shall be exercised by universal suffrage, and by direct and secret vote, with equal value for all, and, as provided by law, by: plebiscite; referendum; popular initiative. voter registration and voting are: compulsory for persons over eighteen years of age; optional for: the illiterate; those over seventy years of age; those over sixteen and under eighteen years of age. foreigners may not register to vote, nor may conscripts during their period of compulsory military service. conditions for eligibility, according to the law, are the following: brazilian nationality; full exercise of political rights; voter registration; electoral domicile in the district; party affiliation; minimum age of: thirty-five years for president and vice-president of the republic and senator; thirty years for governor and lieutenant governor of a state and the federal district; twenty-one years for federal, state or district representative, prefect (prefeito), vice-prefect and justice of the peace; eighteen years for alderman (vereador). persons that cannot register to vote and illiterates are not eligible. the president of the republic, governors of the states and the federal district, prefects and those that have succeeded or replaced them in the course of their mandates, may be reelected for a single subsequent term. in order to run for other offices, the president of the republic, governors of the state and federal district and prefects must resign from their respective offices at least six months prior to the election. spouses and relatives by blood or marriage up to the second degree or by adoption, of the president of the republic, governor of a state, territory, or the federal district, or a prefect, or those replacing them during the six months preceding the election, are ineligible in the jurisdictional territory of the incumbent, unless they already hold elective office and are candidates for re-election. a member of the armed forces who can register to vote is eligible under the following conditions: if he has served for less than ten years, he shall be on leave from military activities; if he has served for more than ten years, he shall be discharged from military duties by his superiors and, if elected, shall be automatically retired upon taking office. complementary law shall establish other cases of ineligibility and periods for which it shall remain in force, in order to protect administrative probity, morality for the exercise of the mandate (considering the past life of the candidate), and the normality and legitimacy of elections from the influence of economic power or abuse from holding an office, position or job in the direct or indirect administration. elective mandates may be challenged in the electoral courts within a period of fifteen days after certification of election, substantiating the suit with evidence of abuse of economic power, corruption or fraud. a suit challenging a mandate shall be conducted in secrecy, and the plaintiff shall be liable, as provided by law, if the suit is spurious or in bad faith. art 15 deprivation of political rights is forbidden; loss or suspension of such rights may occur only in cases of: cancellation of naturalization by a final non-appealable judgment; absolute civil incapacity; so long as the effects of a final non-appealable criminal conviction remain in force; refusal to comply with an obligation imposed upon everyone or to perform alternative service, in accordance with art. 5, viii; administrative impropriety, in terms of art. 37, § 4°. art 16 a law altering the electoral process shall enter into force on its publication date and shall not apply to elections that occur within one year from the date it enters into force. chapter v. political parties art 17 creation, merger, incorporation, and dissolution of political parties is free, with due regard for national sovereignty, the democratic regime, multiplicity of political parties and fundamental human rights, observing the following precepts: national character; prohibition of receipt of financial assistance from foreign entities or governments or subordination to them; rendering of accounts to the electoral courts; legislative functioning in accordance with the law. political parties are assured autonomy in defining their internal structure, organization and operation and in adopting criteria for choosing their regime of electoral affiliation, without requiring linkage among candidates in the national, state, district or county spheres. party by-laws shall establish rules for party discipline and loyalty. after they have acquired legal capacity, as provided for in civil law, political parties shall register their by-laws with the superior electoral tribunal. political parties have the right to resources from party funds and to free radio and television time, as provided by law. political parties are forbidden to utilize paramilitary organizations. title iii. organization of the state chapter i. political-administrative organization art 18 the political and administrative organization of the federative republic of brazil includes the union, states, federal district, and counties, all autonomous, as provided for in this constitution. the federal capital is brasília. federal territories are part of the union, and their creation, transformation into states, or re-integration into their state of origin shall be regulated by complementary law. states may merge into each other, subdivide, or split in order to be annexed to others, or form new states or federal territories, with the approval of the population directly interested through a plebiscite, and the approval of the national congress through a complementary law. the creation, incorporation, merger and subdivision of counties shall be done by state law, within the period determined by complementary federal law, and shall depend upon prior consultation, via plebiscite, with populations of the counties involved, after divulging the county feasibility studies, presented and publicized as provided by law. art 19 the union, states, federal district and counties are forbidden to: establish religions or churches, subsidize them, hinder their functioning, or maintain dependent relations or alliances with them or their representatives, with the exception of collaboration in the public interest, as provided by law; refuse to honor public documents; create distinctions or preferences among brazilians. chapter ii. the union art 20 the following constitute property of the union: property presently belonging to it, as well as that which may be granted to it; unoccupied lands essential to defense of frontiers, military fortifications and constructions, federal communication and environmental preservation routes, as defined by law; lakes, rivers and any watercourses on lands that it owns; interstate waters; waters that serve as borders with other countries; waters that extend into or come from a foreign territory; as well as the bordering lands and river beaches; islands in rivers and in lakes in zones bordering other countries, ocean beaches, islands in the ocean and offshore, excluding from the latter areas containing the county seats, with the exception of those areas affected by public service and the federal environmental unit, and the areas referred to in art. 26, ii; natural resources of the continental shelf and the exclusive economic zone; territorial seas; tidal lands and those added by accretion; potential hydraulic energy sites; mineral resources, including those in the subsoil; natural subterranean cavities and archeological and pre-historic sites; lands traditionally occupied by indians. the states, federal district and counties, as well as agencies of direct administration of the union, are assured, as provided by law, participation in the results of exploitation of petroleum or natural gas, hydraulic energy resources, and other mineral resources in their respective territories, continental shelf, territorial sea or exclusive economic zone, or financial compensation for such exploitation. a strip with a width of up to one hundred and fifty kilometers along the territorial borders, designated as a frontier zone, is considered fundamental for defense of the national territory, and the occupation and use thereof shall be regulated by law. art 21 the union shall have the power to: maintain relations with foreign states and participate in international organizations; declare war and make peace; assure national defense; permit foreign forces, in cases provided for in complementary law, transit through national territory or to remain therein temporarily; decree a state of siege, state of defense and federal intervention; authorize and supervise the production and commerce in war materials; issue currency; administer the country's foreign exchange reserves and supervise financial transactions, especially credit, exchange, and capitalization, as well as insurance and private pension plans; prepare and execute national and regional plans for ordering the territory and for economic and social development; maintain the postal service and national air mail; operate, either directly or through authorization, concession, or permit, telecommunication services, as set forth by a law that shall provide for the organization of the services, the creation of a regulatory agency and other institutional aspects; operate, either directly or through authorization, concession or permit: the services of broadcasting sound and images with sound; services and installations of electric energy and utilization of hydroelectric power, in cooperation with the states in which the potential hydroelectric sites are located; air and aerospace navigation and airport infrastructure; railway and waterway transportation services among brazilian ports and national frontiers, or that cross state or territorial boundaries; passenger services for interstate and international highway transportation; sea, river and lake ports; organize and maintain the judiciary, public ministry of the federal district and the territories, and the public defender's office of the territories; organize and maintain the civil police, military police and military fire brigades of the federal district, as well as provide financial assistance to the federal district for performance of public services, by means of a particular fund; organize and maintain official national statistical, geographical, geological and mapping services; classify, for purposes of viewer discretion, public amusements and radio and television programs; grant amnesty; plan and promote permanent defenses against public disasters, especially droughts and floods; establish a national system for management of water resources and define criteria for granting rights for their use; establish directives for urban development, including housing, basic sanitation and urban transportation; establish principles and directives for the national transportation system; operate maritime, airport and border police services; operate nuclear services and installations of any nature and exercise governmental monopolies over research, mining, enrichment, reprocessing, industrialization, and commerce in nuclear ores and their by-products, in accordance with the following principles and conditions: all nuclear activity within the national territory shall be allowed for peaceful purposes and shall be subject to approval by the national congress; marketing and utilization of radioisotopes for research and medical, agricultural and industrial use are authorized under a permit regime; production, marketing and utilization of radioisotopes with a half-life equal to or less than two hours are authorized under a permit regime; civil liability for nuclear damages does not depend on the existence of fault; organize, maintain and perform inspections of working conditions; establish the areas and conditions for conduct of prospecting and placer mining in the form of associations. art 22 the union has exclusive power to legislate with respect to: civil, commercial, penal, procedural, electoral, agrarian, maritime, aeronautical, space and labor law; expropriation; civilian and military requisitioning, in the event of imminent danger and in wartime; waters, energy, informatics, telecommunications and radio broadcasting; the postal service; the monetary system, measuring systems and certifications and guarantees of metals; policies of credit, foreign exchange, insurance and transfer of securities; foreign and interstate commerce; directives of national transportation policy; regime of the ports and lake, river, ocean, air and aerospace navigation; transit and transportation; mineral deposits, mines, mineral resources and metallurgy; nationality, citizenship and naturalization; indigenous populations; emigration, immigration, entry, extradition and expulsion of foreigners; organization of the national employment system and conditions for professional practice; organization of the judiciary and the public ministry of the federal district and of the territories, and the public defender’s office of the territories, as well as their administrative organization; national systems of statistics, mapping and geology; systems of savings, as well as obtaining and guaranteeing popular savings; systems of consórcios and lotteries; general rules of organization, personnel, war materials, guarantees, enlistment and mobilization of the military police and military fire brigades; jurisdiction of the federal police and the federal highway and railway police; social security; directives and bases for national education; public registries; nuclear activities of any nature; general rules for all types of bidding and contracting for direct public administration, autarchies and foundations of the union, states, federal district and counties, obeying the provision of art. 37, xxi, and for public companies and mixed-capital companies, as provided for in art. 173, § 1°, iii; territorial defense, aerospace defense, maritime defense, civil defense and national mobilization; commercial advertising. sole paragraph complementary law may authorize the states to legislate on specific questions relating to matters covered in this article. art 23 the union, states, federal district and counties, shall have joint powers to: ensure that the constitution, the laws and the democratic institutions are observed and that public patrimony is preserved; safeguard public health, public assistance, and the protection and guaranty of handicapped persons; protect documents, works, and other assets of historic, artistic, and cultural value, monuments, remarkable natural landscapes and archeological sites; prevent the loss, destruction, or changing of the characteristics of works of art and other goods of historic, artistic or cultural value; furnish means of access to culture, education, science, technology, research, and innovation; protect the environment and combat pollution in any of its forms; preserve the forests, fauna and flora; promote agricultural and livestock production and organize the food supply; promote programs for construction of housing and improvement of conditions of living and basic sanitation; combat the causes of poverty and the factors of marginalization, promoting the social integration of the underprivileged sectors; register, monitor and supervise concessions of rights to research and exploit water and mineral resources within their territories; establish and implement an educational policy for traffic safety. sole paragraph complementary laws shall establish rules for cooperation among the union, states, federal district and counties, aimed at balanced development and well-being on a nation-wide basis. art 24 the union, states and federal district shall have concurrent power to legislate on: tax, financial, penitentiary, economic and urban planning law; the budget; commercial registries; costs of forensic services; production and consumption; forests, hunting, fishing, fauna, preservation of nature, defense of the soil and natural resources, protection of the environment and pollution control; protection of the historic, cultural, artistic, touristic, and scenic patrimony; liability for damages to the environment, consumers, property and rights of artistic, aesthetic, historic, tourist, and scenic value; education, culture, teaching, sports, science, technology, research, development, and innovation; creation, operation and procedures of small claims courts; court procedures; social security and protection and defense of health; legal assistance and public defense; protection and social integration of handicapped persons; protection of childhood and youth; organization, guarantees, rights and duties of the civil police. within the scope of concurrent legislation, the union's powers shall be limited to establishing general rules. the power of the union to legislate with respect to general rules does not preclude supplementary powers of the states. if there is no federal law with respect to general rules, the states shall exercise full legislative powers to provide for their own peculiarities. the supervention of a federal law over general rules suspends the effectiveness of a state law, to the extent that it is contrary to the federal law. chapter iii. the federated states art 25 the states are organized and governed by the constitutions and laws that they may adopt, observing the principles of this constitution. powers not forbidden to them by this constitution are reserved to the states. it is incumbent upon the states to operate, directly or through concessions, local services of piped gas, as provided by law. issuance of a provisional measure for its regulation is prohibited. the states may, by means of complementary law, create metropolitan regions, urban clusters and micro-regions, formed by grouping neighboring municipalities, in order to integrate the organization, planning and operation of public functions of common interest. art 26 the property of the states includes: surface or underground waters, whether flowing, emerging or in reservoirs, with the exception, in the latter case, as provided by law, of those resulting from works carried out by the union; ocean and coastal island areas that are under their dominion, excluding those under the dominion of the union, counties or third parties; river and lake islands that do not belong to the union; vacant government lands not included among those belonging to the union. art 27 the number of representatives in the state legislative assembly shall be three times the representation of the state in the chamber of deputies and, upon reaching thirty-six, the number shall be increased by as many representatives as the number of federal deputies exceeding twelve. the mandate of state representatives shall be four years, and the provisions of this constitution regarding the electoral system, inviolability, immunities, remuneration, loss of mandate, leaves of absence, impediments and enlisting in the armed forces shall apply to them. the fixed compensation (súbsidio) of state representatives shall be set by law at the initiative of the legislative assembly, at a maximum of seventy-five percent of that established, in specie, for federal deputies, observing what has been provided for in articles 39, § 4°, 57, § 7°, 150, ii, 153, iii, and 153, § 2°, i. the legislative assemblies have the power to determine their internal rules, police and administrative services of their secretariat, and to fill the respective offices. the law shall provide for popular initiative in state legislative processes. art 28 the election of the state governor and lieutenant governor, for a mandate of four years, shall be held on the first sunday of october for the first round, and, if there should be a second round, on the last sunday of october of the year before the end of their predecessors' mandate, and they shall take office on january first of the subsequent year, observing as well the provisions of article 77. a governor who assumes another office or position of direct or indirect public administration shall lose his office, except for offices held by virtue of a public competitive examination and observing the provisions of art. 38, i, iv and v. the fixed compensation of the governor, lieutenant governor and secretaries of state shall be set by law at the initiative of the legislative assembly, observing what is provided for in articles 37, xi, 39, § 4°, 150, ii, 153, iii and 153, § 2°, i. chapter iv. the counties art 29 counties shall be governed by an organic law, voted in two rounds, with a minimum interval of ten days between each, and approved by two-thirds of the members of the county legislature, which shall promulgate it, observing the principles established in this constitution, the respective state constitution and the following precepts: election of the prefect, vice-prefect and aldermen, for a term of office of four years, through direct and simultaneous elections held throughout the entire country; election of the prefect and the vice-prefect held on the first sunday of october of the year prior to the termination of their predecessors' mandate, applying the provisions of art. 77 to counties with more than two hundred thousand voters; investiture of the prefect and of the vice-prefect on january 1st of the year subsequent to the election; in the composition of county legislatures the following maximum limits shall be observed: 9 (nine) aldermen in counties with up to 15,000 (fifteen thousand) inhabitants; 11 (eleven) aldermen in counties with more than 15,000 (fifteen thousand) and up to 30,000 (thirty thousand) inhabitants; 13 (thirteen) aldermen in counties with more than 30,000 (thirty thousand) and up to 50,000 (fifty thousand) inhabitants; 15 (fifteen) aldermen in counties with more than 50,000 (fifty thousand) and up to 80,000 (eighty thousand) inhabitants; 17 (seventeen) aldermen in counties with more than 80,000 (eighty thousand) and up to 120,000 (one hundred twenty thousand) inhabitants; 19 (nineteen) aldermen in counties with more than 120,000 (one hundred and twenty thousand) and up to 160,000 (one hundred sixty thousand) inhabitants; 21 (twenty) aldermen in counties with more than 160,000 (one hundred and sixty thousand) and up to 300,000 (three hundred thousand) inhabitants; 23 (twenty-three) aldermen in counties with more than 300,000 (three hundred thousand) and up to 450,000 (four hundred fifty thousand) inhabitants; 25 (twenty-five) aldermen in counties with more than 450,000 (four hundred and fifty thousand) and up to 600,000 (six hundred thousand) inhabitants; 27 (twenty-seven) aldermen in counties with more than 600,000 (six hundred thousand) and up to 750,000 (seven hundred fifty thousand) inhabitants; 29 (twenty-nine) aldermen in counties with more than 750,000 (seven hundred fifty thousand) and up to 900,000 (nine hundred thousand) inhabitants; 31 (thirty-one) aldermen in counties with more than 900,000 (nine hundred thousand) and up to 1,050,000 (one million fifty thousand) inhabitants; 33 (thirty-three) aldermen in counties with more than 1,050,000 (one million fifty thousand) and up to 1,200,000 (one million two hundred thousand) inhabitants; 35 (thirty-five) aldermen in counties with more than 1,200,000 (one million two hundred thousand) and up to 1,350,000 (one million three hundred fifty thousand) inhabitants; 37 (thirty-seven) aldermen in counties with more than 1,350,000 (one million three hundred fifty thousand) and up to 1,500,000 (one million five hundred thousand) inhabitants; 39 (thirty-nine) aldermen in counties with more than 1,500,000 (one million five hundred thousand) and up to 1,800,000 (one million eight hundred thousand) inhabitants; 41 (forty-nine) aldermen in counties with more than 1,800,000 (one million eight hundred thousand) and up to 2,400,000 (two million four hundred thousand) inhabitants; 43 (forty-three) aldermen in counties with more than 2,400,000 (two million four hundred thousand) and up to 3,000,000 (three million) inhabitants; 45 (forty-five) aldermen in counties with more than 3,000,000 (three million) and up to 4,000,000 (four million) inhabitants; 47 (forty-seven) aldermen in counties with more than 4,000,000 (four million) and up to 5,000,000 (five million) inhabitants; 49 (forty-nine) aldermen in counties with more than 5,000,000 (five million) and up to 6,000,000 (six million) inhabitants; 51 (fifty-one) aldermen in counties with more than 6,000,000 (six million) and up to 7,000,000 (seven million) inhabitants; 53 (fifty-three) aldermen in counties with more than 7,000,000 (seven million) and up to 8,000,000 (eight million) inhabitants; 55 (fifty-five) alderman in counties with more than 8,000,000 (eight million) inhabitants. the fixed compensation of the prefect, vice-prefect and municipal secretaries determined by law at the initiative of the county legislature, observing the provisions of articles 37, xi, 39, § 4°, 150, ii, 153, iii, and 153 § 2°, i; the fixed compensation of aldermen shall be determined by the respective county councils in each legislative term for the following one, observing what is provided for in this constitution, observing the criteria established in the respective organic law and the following maximum limits: in counties up to ten thousand inhabitants, the maximum fixed compensation for aldermen shall correspond to twenty percent of the fixed compensation of state representatives; in counties between ten thousand and one and fifty thousand inhabitants, the maximum fixed compensation for aldermen shall correspond to thirty percent of the fixed compensation of state representatives; in counties of fifty thousand and one to one hundred thousand inhabitants, the maximum fixed compensation for aldermen shall correspond to forty percent of the fixed compensation of state representatives; in counties of one hundred thousand and one to three hundred thousand inhabitants, the maximum fixed compensation for aldermen shall correspond to fifty percent of the fixed compensation of state representatives; in counties of three hundred thousand and one to five hundred thousand inhabitants, the maximum fixed compensation for aldermen shall correspond to sixty percent of the fixed compensation of state representatives; in counties of more than five hundred thousand inhabitants, the maximum fixed compensation for aldermen shall correspond to seventy-five percent of the fixed compensation of state representatives; total expenses for remuneration of aldermen may not exceed five percent of the revenues of the county; immunity of aldermen for their opinions, words and votes in exercise of their mandate and within the boundaries of the county; prohibitions and incompatibilities, while in the office of aldermen, similar, where applicable, to the provisions of this constitution for members of the national congress and of the respective state constitution for members of the legislative assembly; trial of the prefect before the tribunal of justice; organization of legislative and supervisory functions of the county legislature; cooperation of representative associations in municipal planning; popular initiative on bills of specific interest to the county, city or districts, through manifestation of at least five percent of the electorate; loss of mandate of the prefect according to art. 28, sole paragraph. art 29-a the total expenses of county councils, including aldermen's fixed compensation but excluding the expenses with the inactive, may not exceed the following percentages, with respect to the sum of tax receipts and transferences provided for in § 5° of art. 153 and arts. 158 and 159, effectively realized in the prior fiscal year: 7% (seven percent) for counties with a population of up to 100,000 (one hundred thousand) inhabitants; 6% (six percent) for counties with a population between 100,000 (one hundred thousand) and 300,000 (three hundred thousand) inhabitants; 5% (five percent) for counties with a population between 300,001 (three hundred thousand one) and 500,000 (five hundred thousand) inhabitants; 4.5% (four and one-half percent) for counties with a population between 500,001 (five hundred thousand and one) and 3,000,000 (three million) inhabitants; 4% (four percent) for counties with a population between 3,000,001 (three million and one) inhabitants and 8,000,000 (eight million) inhabitants; 3.5% (three and one-half percent) for counties with a population greater than 8,000,001 (eight million and one) inhabitants. the county council shall not spend more than seventy percent of its receipts on payrolls, including expenditures for fixed compensation of its aldermen. it constitutes an impeachable offense (crime de responsabilidade) for the county prefect: to carry out transfers that exceed the limits defined in this article; to not send or transfer by the twentieth day of each month; or to send less than the proportion fixed in the budget law. it constitutes an impeachable offense for the president of the county council to disrespect § 1° of this article. art 30 the counties have the power to: legislate on subjects of local interest; supplement federal and state legislation where applicable; institute and collect taxes within their jurisdiction, as well as to apply their revenues, without prejudice to the requirement that they render accounts and publish provisional balance sheets within the periods established by law; create, organize and eliminate districts, observing state legislation; organize and perform essential public services of local interest, including collective transportation, either directly or by concession or permit; maintain programs of pre-school and elementary education; provide health services to the population, with the technical and financial cooperation of the union and state; promote, where applicable, adequate territorial ordering through planning and control of use, subdivision and occupation of urban land; promote protection of local historic and cultural patrimony, observing the legislation and federal and state supervisory actions. art 31 supervision of the county shall be performed by the county legislature, through outside control and by the internal control systems of the county executive, as provided by law. outside control of the county legislature shall be performed with the assistance of the state tribunals of accounts or councils or county tribunals of accounts, where they exist. the prior opinion, issued by the proper agency, on the accounts to be rendered annually by the prefect, shall prevail unless there is a decision of two-thirds of the members of the county legislature. accounts of the counties shall remain available each year to any taxpayer for sixty days for examination and evaluation, and any taxpayer may question their legitimacy, as provided by law. creation of county tribunals of accounts and accounts councils or agencies is forbidden. chapter v. the federal district and the territories section i. the federal district art 32 the federal district, which may not be divided into counties, shall be governed by an organic law, voted in two rounds with a minimum interval of ten days, and approved by two-thirds of the legislative chamber, which shall promulgate it, observing the principles established in this constitution. the federal district shall have the legislative powers reserved to the states and counties. election of the governor and the lieutenant governor, observing the provisions of art. 77, and the district representatives shall coincide with that of the state governors and representatives, for terms of office of the same duration. the provisions of art. 27 apply to the district representatives and to the legislative chamber. federal law shall provide for use of the civil and military police and the military fire brigade by the government of the federal district. section ii. the territories art 33 the law shall provide for the administrative and judicial organization of the territories. the territories may be divided into counties, which shall be subject to the provisions of chapter iv of this title, whenever applicable. the accounts of a territorial government shall be submitted to the national congress, with the prior opinion of the tribunal of accounts of the union. federal territories with more than one hundred thousand inhabitants shall have, in addition to a governor appointed according to this constitution, trial and appellate courts, members of the public ministry, and federal public defenders; the law shall provide for elections to the territorial legislature and its decision-making authority. chapter vi. intervention art 34 the union shall not intervene in the states or in the federal district, except to: maintain national integrity; repel a foreign invasion or invasion of one unit of the federation into another; put an end to a serious threat to public order; guarantee the unimpeded functioning of any of the branches of government in the units of the federation; reorganize the finances of a unit of the federation that: suspends payment of a debt guaranteed by government instruments or securities for more than two consecutive years, except for reasons of force majeure; fails to deliver to the counties the tax revenues established in this constitution within the time periods established by law; provide for enforcement of a federal law, court orders or decisions; ensure compliance with the following constitutional principles: republican form, representative system and democratic regime; individual rights; county autonomy; rendering of accounts of direct and indirect public administration; application of the minimum required by the receipts resulting from the state taxes, including those stemming from transfers, for maintenance and development of education and for public health activities and services. art 35 a state shall not intervene in its counties, nor the union in the counties located in a federal territory, except when: a debt guaranteed by government instruments or securities is not paid for two consecutive years, unless due to force majeure; required accounts are not rendered in the manner provided by law; the required minimum amount of county revenues has not been applied to maintenance and development of education and public health activities and services; the tribunal of justice grants a representation suit to assure observance of principles set out in the state constitution or to provide for enforcement of a law, court order or judicial decision. art 36 a decree of intervention shall depend: in the case of art. 34, iv, upon a request from the coerced or impeded legislature or executive, or on an order from the supreme federal tribunal if the coercion is exerted against the judiciary; in the case of disobedience of a court order or decision, on an order from the supreme federal tribunal, superior tribunal of justice, or the superior electoral tribunal; on the supreme federal tribunal's granting a representation action brought by the procurator-general of the republic, in the case of art. 34, vii, and in the case of refusal to enforce a federal law; revoked. the decree of intervention, which shall specify the extent, period and conditions of enforcement and which, if applicable, shall appoint the intervenor, shall be submitted for consideration by the national congress or the state legislative assembly within twenty four hours. if the national congress or the legislative assembly is not in session, a special session shall be called within the same twenty-four hour period. in the cases of art. 34, vi and vii, or of art. 35, iv, upon waiver of consideration by the national congress or the legislative assembly, the decree shall be limited to suspending execution of the challenged act, if such measure is sufficient to restore normality. upon cessation of the reason for intervention, authorities removed from offices shall return to them, unless there is some legal impediment. chapter vii. public administration section i. general provisions art 37 the direct or indirect public administration of any of the branches of the union, states, federal district and counties, shall obey the principles of legality, impersonality, morality, publicity and efficiency, as well as the following: public offices, jobs and positions are accessible to brazilians who meet the requirements established by law, as well as to foreigners, as provided by law; investiture in public office or employment depends upon prior approval in public competitive examinations, or such examinations and comparison of professional credentials, in accordance with the nature and complexity of the office or job, as provided by law, except for appointment to a commission office declared by law to permit free appointment and discharge; the period of validity of a public competitive examination shall be up to two years, extendable once for a like period; during the non-extendable period set forth in the notice of the public competition, those approved in a public competitive examination or such examination and comparison of professional credentials shall be called with priority over newly approved applicants to assume a career office or employment; positions of confidence, exercised exclusively by civil servants occupying an effective position, and commission offices, to be filled by career civil servants in the cases, conditions and minimum percentages provided for by law, are intended only for assignments of management, supervision and assessment; civil servants are guaranteed the right of free syndical association; the right to strike shall be exercised in the manner and within the limits defined by specific law; the law shall reserve a percentage of public offices and positions for handicapped persons and shall define the criteria for their hiring; the law shall set out the circumstances for hiring personnel for a fixed period of time in order to meet a temporary need of exceptional public interest; remuneration of civil servants and the salary dealt with in § 4° of art. 39 shall be set or modified only by a specific law, observing private initiative in each case, assuring annual general revision, always on the same date and without distinction with respect to indexes; remuneration and fixed compensation of holders of public offices, positions and employment in the direct administration, autarchies and foundations; of members of any branches of the union, states, federal district and counties; of holders of an elective office and of other political agents; and the benefits, pensions or other form of remuneration, whether or not received cumulatively, including personal advantages or those of any other nature, shall not exceed the monthly compensation, in specie, of the ministers of the federal supreme tribunal; applying as a limit in the counties, the compensation of the prefect; and in the states and the federal district, in the executive branch, the monthly compensation of the governor; in the legislative branch, the compensation of the state and district legislators; and in the judicial branch, the compensation of the justices of the tribunal of justice, limited to ninety and twenty-five hundreds percent of the monthly compensation, in specie, of the ministers of the supreme federal tribunal, a limit also applicable to the members of the public ministry, the procurators and the public defenders; compensation for positions in the legislative and judicial branches may not be higher than those paid by the executive branch; linking or equating any kind of remuneration is prohibited for purposes of compensating public service personnel; pecuniary raises received by a government employee shall not be computed or accumulated for the purpose of granting subsequent raises; the salary and compensation of holders of public positions and jobs are irreducible, except for the provisions of subparagraphs xi and xiv of this article and arts. 39, § 4°, 150, ii, 153, iii, and 153, § 2°, i; accumulation of paid public offices is prohibited, except, when working hours are compatible, observing in any case the provision of subparagraph xi: as to two teaching positions; as to one teaching position with another technical or scientific position; as two exclusive positions or employment for health professionals with regulated professions; the prohibition against accumulation extends to jobs and offices and includes foundations, public companies, mixed-capital companies, their subsidiaries and companies controlled, directly or indirectly, by the government; the treasury and its inspectors shall, within their spheres of competence and jurisdiction, enjoy precedence over other administrative sectors, as provided by law; creation of autarchies and authorization to organize public companies, mixed-capital companies, or foundations can only be accomplished by a specific law. in the latter case, it shall be left to complementary law to define the areas of their activity; in each case legislative authorization is required for organization of subsidiaries of the entities referred to in the preceding subparagraph, as well as participation by any of them in a private company; except for cases specified in law, public works, services, purchases and disposals shall be contracted through a process of public bidding that assures equal conditions to all bidders, with clauses that establish payment obligations. the effective conditions of the bid shall be maintained, as provided by law, which shall only allow requirements of technical and economic qualifications essential to secure performance of the obligations; the tax administrations of the union, the states, the federal district and the counties, essential activities for the functioning of the state, exercised by employees with specific careers, shall have priority resources for carrying out their activities and shall act in an integrated fashion, including sharing tax rolls and fiscal information, as provided by law or agreement. publicity of the acts, programs, public works, services, and campaigns of government agencies shall have an educational, informative, or social orientation character, and shall not include names, symbols or images representing the personal promotion of governmental authorities or civil servants. non-compliance with the provisions of subparagraphs ii and iii shall result in the nullity of the act and punishment of the responsible authority, as provided by law. the law shall regulate the forms of user participation in direct and indirect public administration, specifically regulating: complaints relating to providing public services in general, assuring maintenance of services for attending users and periodic evaluations, both external and internal, of the quality of services; user access to administrative registries and information about governmental acts, observing the provisions of art. 5, x and xxxiii; regulation of representation against negligent or abusive exercise of offices, jobs or positions in public administration. acts of administrative dishonesty shall result in suspension of political rights, loss of public office, freezing of assets and reimbursement to the public treasury, in the form and degree provided by law, without prejudice to any applicable criminal action. the law shall establish the period of limitations for offenses performed by any agent, whether or not a civil servant, that cause damage to the public treasury, without prejudice to the respective actions for damages. legal entities of public and private law providing public services shall be liable for the damages that their agents, acting in such capacity, cause to third parties, assuring the right to subrogation from the agent responsible in cases of intentional misconduct (dolo) or fault. the law shall provide for requirements and restrictions on holders of offices or jobs in direct or indirect administration that permit access to privileged information. managerial, budgetary and financial autonomy of agencies and entities of direct or indirect administration may be amplified by contracts signed between their administrators and the government, for the purpose of fixing performance targets for agencies or entities. it is up to the law to provide for: the period of duration of the contract; controls and criteria for evaluation of performance, rights, obligations and liabilities of the directors; remuneration of personnel. the provision of subparagraph xi applies to public companies and mixed-capital companies and their subsidiaries that receive resources from the union, states, federal district or counties for payment of personnel expenses or general outlays. simultaneous receipt of retirement benefits stemming from art. 40 or from arts. 42 and 142 with remuneration from a public office, job or position is prohibited, except for cumulative positions, as provided by this constitution, and elective commission positions declared by law to permit free appointment and discharge. for the purposes of the limit on remuneration dealt with in subparagraph xi of the heading of this article, the portion that has the character of indemnification, as provided for by law, shall not be taken into account. for the purposes of the provisions of subparagraph xi of this article, the states and the federal district, by amendment to their respective constitutions and organic law, shall have the power to fix as a sole limit, within their own spheres, the monthly fixed compensation of the justices of their respective tribunals of justice, limited to ninety and twenty-five hundredths percent of the monthly fixed compensation of ministers of the federal supreme tribunal, but not applying the provisions of this paragraph to the fixed compensation of the state and district representatives and their aldermen. art 38 the following provisions apply to civil servants of the direct administration, autarchies, or foundations, holding elective offices: federal, state or district elective office-holders shall be furloughed from their office, employment or position; one invested with the mandate of prefect shall be furloughed from his or her office, employment or position, and may opt for remuneration; one invested with the mandate of alderman, if the working hours are compatible, shall receive the benefits of his or her office, employment or position, without prejudice to remuneration for the elective office; if the hours are not compatible, the provisions of the preceding subparagraphs shall apply; in any case requiring furlough due to exercise of an elective mandate, the period of service shall be counted for all legal purposes, except for merit promotion; in case of furlough, the amounts shall be determined as if the person had been in activity for purposes of social security benefits. section ii. of civil servants art 39 the union, states, federal district and counties shall organize a policy council for administration and remuneration of personnel, composed of civil servants designated by the respective branches. setting of standards for salaries and other components of the remuneration system shall take into account: the nature, degree of responsibility and complexity of the component offices of each career; the requirements for investiture; the peculiarities of the offices. the union, states and federal district shall maintain governmental schools for formation and improvement of civil servants, with participation in the courses constituting one of the requirements for promotion in the career. for this purpose, entry into agreements or contracts among the federative entities shall be permitted. the provisions of art. 7, iv, vii, viii, ix, xii, xiii, xv, xvi, xvii, xviii, xix, xx, xxii and xxx shall apply to civil servants occupying a public office. the law may establish differential requirements for admission when the nature of the office so requires. members of a branch of government, holders of an elective office, ministers of the federal government, and state and county secretaries shall be compensated exclusively by a lump sum salary. increasing any gratification, additional payment, bonus, premium, representation allowance or any other type of remuneration is forbidden, obeying, in any case, the provisions of art. 37, x and xi. laws of the union, states, federal district and counties shall establish the relationship between the highest and the lowest remuneration for public servants, obeying, in any case, the provision of art. 37, xi. the executive, legislative and judicial branches shall publish annually the amounts of the salaries and remuneration for public offices and jobs. laws of the union, states, federal district and counties shall regulate application of budgetary resources stemming from the economy against current expenses for each agency, autarchy and foundation, for application in the development of programs of quality and productivity, training and development, modernization, re-outfitting and rationalization of public services, including those in the form of additional payments or premiums for productivity. remuneration of career public servants shall be determined in accordance with § 4°. art 40 civil servants holding effective positions in the union, the states, the federal district and the counties, including their autarchies and foundations, are assured a contributory and joint social security regime through contributions from the respective public entity, active or inactive public servants and pensioners, observing criteria that preserve financial and actuarial equilibrium and the provisions of this article. civil servants included in the social security regime dealt with in this article shall be retired, calculating their benefits starting with the values determined in accordance with §§ 3° and 17°: for permanent disability, pensions are proportional to the period of contribution, except when stemming from an accident while in service, an occupational disease or a serious, contagious or incurable illness, as specified by law; compulsorily, with pensions proportional to the period of contribution, at 70 (seventy) years of age or at 75 (seventy-five) years of age, in accordance with a complementary law. voluntarily, so long as they have completed a minimum period of ten years of effective public service and five years in the position from which they take retirement, observing the following conditions: age sixty with thirty-five years of contribution, if male, and age fifty-five and thirty years of contribution, if female; age sixty-five if male, and sixty if female, with pensions proportional to the time of contribution. at the time they are granted, retirement benefits and pensions may not exceed the respective civil servant's remuneration in the position occupied at the time of retirement or that serves as a reference for the concession of the pension. at the time they are granted, retirement benefits shall be calculated on the remuneration utilized as the basis for the contributions of the employee to the social security regimes dealt within this article and art. 201, as provided by law. adoption of differentiated requirements and criteria for concession of retirement to those included in the regime dealt with in this article is prohibited, except, in the terms defined by complementary laws, for functionaries: who are handicapped; who engage in risky activities; whose activities are carried out under special conditions that prejudice their health or physical integrity. the requirements of age and period of contribution shall be reduced by five years, with respect to the provisions of § 1°, iii, for teachers who can show that their time was spent exclusively in the effective teaching of kindergarten, primary or middle school. except for retirements arising from cumulative positions, as provided by this constitution, receipt of more than one retirement benefit from the social security regime provided for in this article is prohibited. the law shall provide for concession of death benefits, which shall be equal to: if retired at the date of death, the total value of the deceased civil servant's benefits up to the maximum limit established for benefits in the general regime of social security dealt with in art. 201, increased by seventy percent of the amount exceeding this limit; or if in active service on the date of death, the total value of the remuneration of the civil servant who held an effective position at the date of death, until the maximum limit established for benefits in the general regime of social security dealt with in art. 201, increased by seventy percent of the amount exceeding this limit. in order to preserve permanently their real value, readjustment of benefits is assured, in accordance with criteria established by law. the period of federal, state or county contribution shall be counted for purposes of retirement and the corresponding period of service for purposes of availability. the law may not establish any fictitious form of counting the contribution period. the limit fixed in art. 37, xi, applies to the total sum of benefits for inactivity, including those stemming from accumulation of public positions or employment, as well as other activities subject to contribution for the general social security regime, and to the amount resulting from addition of the benefits of inactivity to remuneration for a cumulative position, as provided by this constitution, a commission position declared by law to permit free appointment and discharge, and an elective position. in addition to the provisions of this article, the social security regime for public servants holding an effective position shall observe, where applicable, the requirements and criteria fixed by the general social security regime. the general social security regime shall apply to the public servant occupying exclusively a commission position declared by law to permit free appointment and discharge, as well as any other temporary public position or employment. so long as they institute a complementary social security regime for their respective employees holding an effective position, the union, states, federal district and counties may fix the value of retirement benefits and pensions to be conceded by the regime dealt with in this article at the maximum limit established for the beneficiaries of the general social security regime dealt with in art. 201. the complementary social security regime dealt with in § 14° shall be instituted by law on the initiative of the executive, observing, where applicable, the provisions of art. 202 and its paragraphs, through closed entities of complementary social security, of a public nature, which shall offer to the respective participants only defined contribution benefit plans. only by prior and express option may the provisions of §§ 14° and 15° be applied to the civil servant who has entered public service by the publication date of the act instituting the corresponding complementary social security regime. all remuneration values considered for calculation of the benefits provided for in § 3° shall be duly updated, as provided by law. a contribution shall be levied on retirement benefits and pensions conceded by the regime dealt with in this article to the extent they exceed the maximum limit established for the general social security regime benefits dealt with in art. 201, at a percentage equal to that established for civil servants holding effective offices. a civil servant dealt within this article who has completed the requirements for voluntary retirement established in § 1°, iii, a, and who opts to remain active will receive a bonus for the remaining equivalent to the value of his social security contribution until he completes the requirements for compulsory retirement contained in § 1°, ii. more than one regime of social security for civil servants holding effective positions is prohibited; it is also prohibited to have more than one unit managing the respective regime in each state entity, except for the provision of art. 142, § 3°, x. when the beneficiary has an incapacitating illness, as provided by law, the contribution provided for in § 18° of this article shall be levied only upon those portions of retirement and pension benefits that exceed twice the maximum limit established for benefits under the general regime of social security dealt with in art. 201 of this constitution. art 41 civil servants appointed to effective positions by virtue of public competitive examinations acquire tenure after three years of actual service. tenured civil servants shall lose their positions only: by virtue of a judicial judgment that has become final and unappealable; through an administrative proceeding in which they have been assured a full defense; through a procedure of periodic evaluation of performance, in the form of complementary law, assuring a full defense. should dismissal of a tenured civil servant be declared invalid by a judgment of a court, the employee shall be reinstated, and any subsequent occupant of the position, if tenured, shall be reassigned to his original position, without the right to compensation, placed in another position or placed on leave with remuneration proportional to time of service. if his position is abolished or declared unnecessary, a tenured civil servant shall be placed on leave, with remuneration proportional to time of service, until adequately placed in another position. as a condition for acquisition of tenure, a special performance evaluation is required by a commission organized for this purpose. section iii. of military servicemen of the states, federal district and the territories art 42 members of the military police and fire brigades, institutions organized on the basis of hierarchy and discipline, are military servicemen of the states, federal district and territories. the provisions of art. 14, § 8°; art. 40, § 9°; and art. 142, §§ 2° and 3° apply to the military servicemen of the states, federal district and territories, in addition to what becomes determined by law. it is up to specific state law to deal with the subjects of art. 142, § 3°, subparagraph x, with the respective governors conferring the ranks of officers. what has been fixed by specific law in the respective state entity shall apply to military pensioners of the states, the federal district and the territories. section iv. the regions art 43 for administrative purposes, the union may coordinate its actions in the same social and geo-economic complex, seeking its development and a reduction in regional inequalities. complementary law shall provide for: conditions for integration of developing regions; composition of regional organizations that shall carry out, as provided by law, regional plans included in national economic and social development plans and approved simultaneously. regional incentives shall include, inter alia, as provided by law: equality of tariffs, freight rates, insurance and other cost and price items for which the government is responsible; favorable interest rates for financing priority activities; exemptions, reductions or temporary deferment of federal taxes owed by individuals or legal entities; priority in the economic and social use of rivers, reservoirs, or waters that can be dammed in low-income regions subject to periodic droughts. in the areas referred to in § 2°, iv, the union shall grant incentives for recovery of arid lands and cooperate with small and medium-sized rural land owners to establish water sources and small-scale irrigation on their lands. title iv. organization of the branches chapter i. the legislative branch section i. the national congress art 44 the legislative branch is the national congress, which is composed of the chamber of deputies and the senate. sole paragraph each legislative term shall last for four years. art 45 the chamber of deputies is composed of representatives of the people, elected in each state, territory and the federal district by a proportional system. the total number of deputies, as well as the representation of each state and the federal district, shall be established by complementary law in proportion to the population. the necessary adjustments shall be made in the year prior to the elections, so that none of the units of the federation has fewer than eight nor more than seventy deputies. each territory shall elect four deputies. art 46 the federal senate is composed of representatives of the states and the federal district, elected by majority vote. each state and the federal district shall elect three senators for eight-year terms. the representation of each state and the federal district shall be renewed every four years, alternately reelecting one-third and two-thirds. each senator shall be elected along with two alternates. art 47 except where there is a constitutional provision to the contrary, the decisions of each chamber and its committees shall be taken by a majority vote whenever an absolute majority of its members is present. section ii. powers of the national congress art 48 the national congress shall have the power, with the approval of the president of the republic (not required for subjects specified in arts. 49, 51 and 52), to provide for all matters within the competence of the union, particularly concerning: the tax system, tax collection and income distribution; multi-year plans, budgetary directives, annual budgets, credit transactions, public debt and issuance of legal tender; determination and modification of the number of troops in the armed forces; national, regional and sectorial development plans and programs; national territorial boundaries, air and maritime space and property owned by the union; incorporation, subdivision or dismemberment of areas of territories or states, after hearing from the respective legislative assemblies; temporary transfer of the seat of the federal government; granting of amnesty; administrative and judicial organization of the public ministry and the public defender’s office of the union and of the territories, and the organization of the judiciary and the public ministry of the federal district; creation, transformation and abolition of public offices, employment and positions, observing what has been established in art. 84, vi, b; creation and abolition of ministries and agencies of public administration; telecommunications and radio broadcasting; financial matters, foreign exchange, monetary matters, financial institutions and their operations; money, limits on currency issuance and the amount of federal indebtedness evidenced by bonds or other securities; determination of the fixed compensation of the ministers of the federal supreme tribunal, observing what has been provided for in arts. 39, § 4°; 150, ii; 153, iii; and 153, § 2°, i. art 49 the national congress shall have exclusive powers: to decide definitively on international treaties, agreements or acts that result in charges or commitments encumbering the national patrimony; to authorize the president of the republic to declare war, make peace, permit foreign forces to pass through national territory or remain therein temporarily, with the exception of cases provided for by complementary law; to authorize the president and the vice-president of the republic to leave the country for more than fifteen days; to approve a state of defense or federal intervention, authorize a state of siege or suspend any of these measures; to suspend normative acts of the executive that exceed its regulatory authority or the limits of legislative delegation; to transfer its seat temporarily; to set identical fixed compensation for the federal deputies and senators, observing the provisions of arts. 37, xi, 39, §4°, 150, ii, 153, iii, and 153, §2°, i; to set the fixed compensation of the president and vice-president of the republic and the ministers of the federal government, observing the provisions of arts. 37, xi, 39, §4°, 150, ii, 153, iii, and 153, §2°, i; to review each year accounts rendered by the president of the republic and to consider reports on the execution of plans of the government; to supervise and control, directly or through either of its chambers, acts of the executive, including those of indirect administration; to safeguard preservation of its legislative authority in the face of rule-making powers of the other branches; to consider granting and renewing concessions for radio and television broadcasters; to select two-thirds of the members of the tribunal of accounts of the union; to approve executive initiatives referring to nuclear activities; to authorize referenda and to call for plebiscites; to authorize exploitation and use of water resources, prospecting and mining of mineral wealth on indigenous lands; to give prior approval for the alienation or concession of public lands with an area greater than two thousand five hundred hectares. art 50 the chamber of deputies and the federal senate, or any of their committees, may summon a minister of the federal government or any chief office holder in an agency directly subordinated to the presidency of the republic to testify in person on a pre-determined matter. failure to appear without adequate justification shall constitute an impeachable offense (crime de responsabilidade). ministers of the federal government may appear before the federal senate, the chamber of deputies or any of their committees, on their own initiative and by agreement with the respective executive committee (mesa), to report on matters relevant to their ministry. the executive committees of the chamber of deputies and the federal senate may send written requests for information to ministers of the federal government or any person referred to in the heading of this article. refusal or noncompliance with such request within a period of thirty days, as well as the rendering of false information, constitutes an impeachable offense. section iii. chamber of deputies art 51 the chamber of deputies has exclusive power: to authorize, by two-thirds of its members, institution of legal charges against the president and vice-president of the republic and the ministers of the federal government; to proceed to take the accounts of the president of the republic, when they are not submitted to the national congress within sixty days after start of the legislative session; to draft its internal rules; to provide for its organization; operation; police; creation, transformation or abolition of offices, jobs and positions in its services; and for initiation of laws setting their respective remuneration, observing the parameters established in the law of budgetary directives; to elect members of the council of the republic, in the manner set out in art. 89, vii. section iv. the federal senate art 52 the federal senate has exclusive power: to try the president and the vice-president of the republic for impeachable offenses, as well as ministers of the federal government and the commanders of the navy, the army and the air force for crimes of the same nature connected with them; to try for impeachable offenses, the ministers of the supreme federal tribunal, members of the national council of justice and the national council of the public ministry, the procurator-general of the republic, and the advocate-general of the union; to give its prior approval, by secret ballot, after public hearing, on selection of: judges, in cases established in this constitution; ministers of the tribunal of accounts of the union nominated by the president of the republic; governors of the territories; president and directors of the central bank; procurator-general of the republic; holders of other offices, as determined by law; to give its prior approval, by secret ballot, after closed hearing, on the selection of the heads of permanent diplomatic missions; to authorize foreign financial transactions of interest to the union, states, federal district, territories and counties; to establish, as proposed by the president of the republic, global limits for the amount of the public debt of the union, states, federal district and counties; to provide for global limits and conditions for foreign and domestic credit transactions of the union, states, federal district and counties, their autarchies and other entities controlled by the federal government; to provide for limits and conditions on the concession of the union's guarantee of foreign and domestic credit transactions; to establish global limits and conditions for the amount of the debt of the states, federal district and counties evidenced by bonds or other securities; to suspend enforcement, in whole or in part, of laws declared unconstitutional by final decision of the supreme federal tribunal; to approve, by absolute majority and secret ballot, removal from office of the procurator of the republic before the end of his or her term of office; to draft its internal rules; to provide for its organization; operation; police; creation, transformation or abolition of offices, jobs and positions in its services; and for initiation of laws setting their respective remuneration, observing the parameters established in the law of budgetary directives; to elect the members of the council of the republic pursuant to art. 89, vii. periodically evaluate the functioning of the structure and components of the national tax system, and the performance of the tax administrations of the union, states, federal district and counties. sole paragraph in cases provided for in subparagraphs i and ii, the president of the supreme federal tribunal, shall preside, and a conviction, which may only be rendered by two-thirds vote of the federal senate, shall be limited to the loss of office, with disqualification to hold any public office for a period of eight years, without prejudice to any other judicial sanctions that may be applicable. section v. deputies and senators art 53 the deputies and senators shall enjoy civil and criminal immunity for any of their opinions, words and votes. from the date of their investiture, deputies and senators shall be judged by the supreme federal tribunal. from the date of their investiture, members of the national congress may not be arrested, except in flagrante delicto for a non-bailable crime. in this case, the police record shall be sent within twenty-four hours to the respective chamber, which, by a majority vote of its members, shall decide as to imprisonment. when an accusation has been received against a senator or deputy for a crime committed after investiture, the supreme federal tribunal shall notify the respective chamber, which, by initiative of a political party represented therein and by a majority vote of its members, may, until the final decision, suspend the proceedings in the case. upon receipt by the executive committee, a request for a suspension shall be acted upon by the respective chamber during a non-extendable period of forty-five days. a suspension shall toll the running of the limitations period for the duration of the mandate. deputies and senators shall not be obliged to testify about information received or given because of exercise of their mandates, nor against those who confided in them or received information from them. calling of deputies and senators to duty in the armed forces, even if they are in the military and even in war time, shall depend upon the prior authorization from the respective chamber. immunity of deputies or senators shall continue during a state of siege and may be suspended only by vote of two-thirds of the members of the respective chamber, in cases of acts performed outside the premises of the national congress that are incompatible with the implementation of such a measure. art 54 deputies and senators may not: as of the date of certification of their election: sign or maintain a contract with a public legal entity, autarchy, state-owned company, mixed-capital company or public utility, unless the contract follows standard clauses; accept or hold a paid office, position or job, including those that may be terminated at will, in the entities set out in the preceding subparagraph; after taking office: be the owner, controller or director of a company that enjoys a privilege as a result of a contract with a public legal entity or occupy any paid position therein; hold an office or position subject to termination at will in the entities referred to in subparagraph i, a; sponsor a cause in which any of the entities referred to in subparagraph i, a, has an interest; be the holder of more than one public elective office or mandate. art 55 deputies or senators shall lose their mandates if: they violate any prohibition established in the preceding article; their conduct is declared incompatible with parliamentary decorum; they fail to attend, during each legislative term, one-third of the ordinary sessions of the chamber to which they belong, except when on an authorized leave of absence or mission; their political rights are lost or suspended; whenever decreed by the electoral courts, in cases provided for in this constitution; they are criminally convicted by a judgment that has become final and non-appealable. in addition to the cases defined in internal rules, abuse of prerogatives granted to members of the national congress or receipt of undue benefits is incompatible with parliamentary decorum. in the cases of subparagraphs i, ii and vi, a loss of mandate shall be decided by the chamber of deputies or the federal senate, by absolute majority, on the initiative of the respective executive committee or political party represented in the national congress, assuring a full defense. in the cases provided for in subparagraphs iii to v, loss of the mandate shall be declared by the executive committee of the respective chamber ex officio or upon the initiative of any of its members, or of a political party represented in the national congress, assuring a full defense. the effects of resignation by a legislator subject to a proceeding that seeks or could result in loss of mandate, in the terms of this article, shall be suspended until the final deliberation dealt with in §§ 2° and 3°. art 56 deputies or senators shall not lose their mandates when: invested with the office of minister of federal government, governor of a territory, secretary of state, secretary of the federal district, or secretary of a territory, prefect of the capital or head of a temporary diplomatic mission; on leave of absence from the respective chamber because of illness, or to pursue, without remuneration, a private matter, provided that, in the latter case, the leave does not exceed one hundred-twenty days per legislative session. an alternate shall be called in cases of vacancy, investiture in positions provided for in this article or a leave of absence exceeding one hundred-twenty days. if a vacancy occurs and there is no alternate, an election shall be held to fill the vacancy if more than fifteen months remain before the end of the mandate. in the event of subparagraph i, the deputy or senator may opt for the remuneration of the elected office. section vi. sessions art 57 the national congress shall meet annually in the federal capital, from february 2nd to july 17th and from august 1st to december 22nd. whenever sessions scheduled for these dates fall on saturdays, sundays or holidays, they shall be transferred to the next business day. a legislative session shall not be interrupted without approval of the draft law of budgetary directives. in addition to other cases provided for in this constitution, the chamber of deputies and the federal senate shall meet in a joint session to: inaugurate the legislative session; draw up common by-laws and to regulate creation of services common to both chambers; receive the oath of office of the president and vice-president of the republic; acknowledge a veto and to deliberate about it. each chamber shall meet in preparatory sessions, starting on february 1st of the first year of the legislature, for seating its members and election of its respective executive committee for a 2 (two)-year term, prohibiting reelection to the same position in the next election. the president of the senate shall preside over the executive committee of the national congress, and the other positions shall be held, alternately, by the occupants of equivalent positions in the chamber of deputies and federal senate. extraordinary sessions of the national congress shall be called: by the president of the senate, in the event a state of defense or federal intervention is decreed, of a request for authorization to decree a state of siege and for the president and the vice-president of the republic to take their oaths and offices; by the president of the republic, the presidents of the chamber of deputies and federal senate or at the request of a majority of the members of both chambers in the event of urgency or relevant public interest, in all cases in this subparagraph with approval by an absolute majority of each house of the national congress. in an extraordinary legislative session, the national congress shall consider only matters for which it was convoked, except in the situation of § 8° of this article. payment of a compensation for such convocation is prohibited. if provisional measures are in force on the date of the extraordinary session of the national congress, such measures shall automatically be included on the docket of the convocation. section vii. committees art 58 the national congress and both its chambers shall have permanent and temporary committees, constituted in the form and with the powers provided for in the respective by-laws or in the act of their creation. in forming the executive committees and each committee, proportional representation of political parties or parliamentary groups that participate in the respective chamber shall be assured to the extent possible. committees, based upon subjects over which they have competence, shall have the power to: discuss and vote on bills which, in accordance with the by-laws, the authority of the entire body is unnecessary, unless an objection is made by one-tenth of the members of the chamber; hold public hearings with entities of civil society; summon ministers of the federal government to provide information on matters inherent to their duties; receive petitions, claims, representations or complaints from any person against acts or omissions of government authorities or public entities; request the deposition of any authority or citizen; examine construction programs and national, regional and sectorial development plans and to issue opinions upon them. parliamentary investigative committees, which shall have the same investigative powers as judicial authorities, in addition to other powers set forth in the by-laws of their respective chambers, shall be created by the chamber of deputies and the federal senate, either jointly or separately, upon the request of one-third of its members, to investigate certain facts for a determined period of time. if appropriate, their conclusions shall be forwarded to the public ministry to determine whether to pursue civil or criminal liability of the offenders. during recess, the national congress shall be represented by a committee elected by its two chambers at the last ordinary session of the legislative term, with powers defined in common by-laws, and whose composition shall reflect the proportional representation of the political parties to the extent possible. section viii. the legislative process subsection i. general provisions art 59 the legislative process includes preparation of: constitutional amendments; complementary laws; ordinary laws; delegated laws; provisional measures; legislative decrees; resolutions. sole paragraph complementary law shall provide for preparation, reduction, alteration and consolidation of laws. subsection ii. amendments to the constitution art 60 constitutional amendments may be proposed by: at least one-third of the members of the chamber of deputies or the federal senate; the president of the republic; more than one-half of the legislative assemblies of units of the federation, each manifesting its decision by a simple majority of its members. the constitution cannot be amended during federal intervention, state of defense or stage of siege. a proposed amendment shall be debated and voted on in each chamber of the national congress, in two rounds, and shall be considered approved if it obtains three-fifths of the votes of the respective members in both rounds. a constitutional amendment shall be promulgated by the executive committees of the chamber of deputies and federal senate, taking the next sequential number. no proposed constitutional amendment shall be considered that is aimed at abolishing the following: the federalist form of the national government; direct, secret, universal and periodic suffrage; separation of powers; individual rights and guarantees. the subject of a defeated or prejudiced proposed constitutional amendment may not be made the subject of another proposed amendment in the same legislative session. subsection iii. the laws art 61 any member or committee of the chamber of deputies or federal senate or national congress, the president of the republic, the supreme federal tribunal, the superior tribunals, the procurator-general of the republic and citizens, shall have the power to initiate complementary and ordinary laws, in the manner and cases provided for in this constitution. the president of the republic shall have exclusive power to initiate the following laws: those that fix or modify the number of troops in the armed forces; laws that deal with: creation of public offices, positions or jobs in the direct administration and autarchies, or an increase in their remuneration; administrative and judicial organization, tax and budgetary matters, public services and administrative personnel of the territories; civil servants of the union and territories, their legal regime, appointment to positions, tenure and retirement; organization of the union's public ministry and public defender's office, as well as general rules for organization of the public ministry and public defender's office of the states and federal district and territories; creation and abolition of ministries and agencies of public administration, observing the provisions of art. 84, vi; armed forces military, their legal regime, appointment to positions, promotions, tenure, compensation, reform and transference to reserves. popular initiative may be exercised by presentation to the chamber of deputies of a draft law subscribed to by at least one percent of the national electorate, distributed throughout at least five states, with no less than three-tenths of one percent of the voters of each of these states. art 62 in relevant and urgent cases, the president of the republic may adopt provisional measures with the force of law; such measures shall be submitted immediately to the national congress. provisional measures may not be issued on matters: with respect to: nationality, citizenship, political rights, political parties and electoral law; criminal law, criminal procedure and civil procedure; organization of the judiciary and the public ministry, as well as the careers and guarantees of their members; multi-year plans, budgetary directives, budget and additional and supplementary credits, except as provided for in art. 167, § 3°; that deal with detention or sequestration of property, popular savings or any other financial assets; that are reserved for complementary law; that have already been regulated in a bill approved by the national congress which is awaiting the approval or veto of the president of the republic. a provisional measure that involves institution of or an increase in taxes, except as provided for in arts. 153, i, ii, iv, v, and 154, ii, shall only produce effects in the following fiscal year if it has been converted into law by the last day of the [fiscal year] in which it was issued. except as provided for in §§ 11° and 12°, provisional measures shall lose their effectiveness as of the day of their issuance if they are not converted into law within a period of sixty days, which may be extended once, in the terms of § 7°, for an equal period. it is the responsibility of the national congress to regulate, by legislative decree, the legal relations stemming from such measures. the period referred to in § 3° shall start to run from the publication of the provisional measure. the running of this period is tolled during the periods the national congress is in recess. the deliberation of each of the houses of the national congress on the merits of provisional measures shall depend upon a prior judgment as to their compliance with constitutional requirements. if it has not been considered within forty-five days, counting from its publication date, the provisional measure shall enter a regime of urgency. subsequently, in each of the houses of the national congress, all other legislative deliberations of the house to which it was presented should be suspended until it is finally voted upon. the effectiveness of a provisional measure may be extended once for sixty days if, during the sixty-day period counting from its publication date, it has not been submitted to a final vote in the two houses of the national congress. provisional measures shall be voted on first in the chamber of deputies. a mixed commission of deputies and senators shall have the duty to examine provisional measures and to issue an opinion about them, prior to their being considered, in separate sessions, by the full membership of each house of the national congress. re-edition, in the same legislative session, of a provisional measure that has been rejected or that has lost its efficacy by the running of time, is forbidden. if the legislative decree referred to in § 3° is not issued within sixty days after rejection or loss of efficacy of a provisional measure, the legal relations constituted under it or stemming from acts practiced during the time it was in effect shall remain in effect and shall be governed by these measures. if a bill to convert or modify the original text of a provisional measure has been approved, the provisional measure shall be maintained integrally in force until the bill is signed or vetoed. art 63 an increase in proposed expenditures shall not be permitted: in bills that are the exclusive initiative of the president of the republic, except for the provisions of art. 166, §§ 3° and 4°; in bills on the organization of administrative services of the chamber of deputies, federal senate, federal tribunals and the public ministry. art 64 debates and votes on bills initiated by the president of the republic, supreme federal tribunal and superior tribunals shall start in the chamber of deputies. the president of the republic may request urgency in consideration of bills initiated by him. in the case of § 1°, if the chamber of deputies and the federal senate fail to act on the bill successively within forty-five days, all other legislative deliberations shall be suspended in the respective house, with the exception of those that have a determined constitutional period, until the bill is finally voted upon. amendments by the federal senate shall be considered by the chamber of deputies within a period of ten days, observing, as to the rest of the bill, provisions of the preceding paragraph. the time periods set out in § 2° shall not run when the national congress is in recess and shall not apply to drafts of codes. art 65 a bill approved by one chamber shall be reviewed by the other in a single round of discussion and voting; if the reviewing chamber approves the bill, it shall be sent for enactment or promulgation, or if it is rejected, it shall be archived. sole paragraph if a bill is amended, it shall return to the chamber that initiated it. art 66 the chamber in which voting was concluded shall send the bill to the president of the republic, who, if he consents, shall approve it. if the president of the republic deems all or part of a bill unconstitutional or contrary to the public interest, he shall veto it, either in whole or in part, within a period of fifteen business days, starting from the date he received it, and he shall advise the president of the senate of the reasons for the veto within forty-eight hours. a partial veto shall only apply to the full text of an article, paragraph, subparagraph or line. after a period of fifteen days has elapsed, silence on the part of the president of the republic shall operate as approval. a veto shall be considered in a joint session within thirty days of receipt thereof and may only be rejected by an absolute majority of the deputies and senators. if a veto is not upheld, the bill shall be sent to the president of the republic for promulgation. if the period established in § 4° lapses without a vote, the veto shall be placed on the order of the day for the immediate session, suspending all other propositions, until its final vote. if the law is not promulgated by the president of the republic within forty-eight hours in the situations set out in §§ 3° and 5°, the president of the senate shall promulgate it, and if he does not do so within the same period, it shall be incumbent upon the vice-president of the senate to do so. art 67 the subject of a rejected bill of law may only constitute the subject of a new bill in the same legislative session if proposed by an absolute majority of the members of any of the chambers of the national congress. art 68 delegated laws shall be drafted by the president of the republic, who shall request delegation from the national congress. acts within the exclusive power of the national congress, those within the exclusive power of the chamber of deputies or federal senate, subjects reserved for complementary laws, and legislation on the following matters shall not be delegated: organization of the judiciary and the public ministry, and the careers and privileges of their members; nationality, citizenship, and individual, political and electoral rights; multi-year plans, budgetary directives and budgets. delegation to the president of the republic shall be granted by national congressional resolution specifying its contents and terms for its performance. if the resolution determines that the bill shall be considered by the national congress, it shall do so by a single vote, any amendment being prohibited. art 69 complementary laws shall be approved by an absolute majority. section ix. supervision of accounting, finances, and budget art 70 supervision of the accounting, finances, budgets, operations and patrimony of the union and entities of direct and indirect administration with respect to legality, legitimacy, economy, application of subsidies and waiver of revenues shall be exercised by the national congress, by means of external control and through the internal control system of each branch. sole paragraph accounts shall be rendered by any individual or legal entity, public or private, that uses, collects, keeps, manages or administers public funds, property and securities or those for which the union is responsible, or that assumes obligations of pecuniary nature in the name of the union. art 71 external control under the responsibility of the national congress shall be exercised with the assistance of the tribunal of accounts of the union, which shall have the power to: examine the accounts rendered annually by the president of the republic, by means of a prior opinion, which shall be prepared within sixty days of receipt thereof; evaluate accounts of administrators and others responsible for public funds, assets, and securities of the direct and indirect administration, including foundations and companies organized and maintained by the federal government, as well as accounts of those causing a loss, misplacement, or other irregularity resulting in harm to the public treasury; examine, for registration purpose, the legality of acts in hiring personnel for any position in the direct and indirect administration, including foundations organized and maintained by the government, except for appointments to commission offices, as well as granting retirements and pensions, except for subsequent improvements that do not alter the legal basis of the act of concession; perform, on its own initiative or that of the chamber of deputies, the federal senate, a technical committee or investigative commission, inspections and audits of an accounting, financial, budgetary, operational and patrimonial nature in the administrative units of the legislative, executive, and judicial branches and other entities referred to in subparagraph ii; supervise the national accounts of supranational companies in whose capital stock the union holds a direct or indirect interest, according to the terms established in the constitutive treaty; supervise application of any resources transferred by the union, under a convention, accord, arrangement or other similar instrument, to a state, the federal district or a county; deliver information requested by the national congress, either of its chambers or any of its respective committees concerning supervision of the accounting, finances, budget, operations and patrimony, and as to the results of audits and inspections made; in cases of illegal expenses or irregular accounts, apply to those responsible, the sanctions provided for in law, which shall establish, among other penalties, fines proportional to the damages caused to the public treasury; if illegalities are verified, establish a period for the agency or entity to take the necessary measures for strict enforcement of the law; stay execution of a challenged act, if the challenge is not adhered to, communicating such decisions to the chamber of deputies and the federal senate; advise the proper branch of any determined irregularities or abuses. in the case of a contract, the stay shall be adopted directly by the national congress, which shall request immediately that the executive take appropriate action. if the national congress or the executive fails to take the action provided for in the preceding paragraph within ninety days, the tribunal shall decide the matter. decisions of the tribunal imposing debts or fines shall have the effect of executable judgments. the tribunal shall send quarterly and annual reports on its activities to the national congress. art 72 if there are signs of unauthorized expenses, even in the form of non-programmed investments or non-approved subsidies, the permanent joint committee referred to in art. 166, § 1°, may request that the responsible government authority provide the necessary explanations within five days. if the explanations are not provided or are considered insufficient, the committee shall ask the tribunal to decide the matter conclusively within a period of thirty days. if the tribunal deems the expense irregular and the committee determines that it may cause irreparable damage or serious injury to the public economy, the committee shall propose to the national congress that the expenditure be suspended. art 73 the tribunal of accounts of the union, composed of nine ministers, sits in the federal district, with its own staff and with jurisdiction throughout the entire brazilian territory, and where appropriate, shall exercise the powers provided in art. 96. ministers of the tribunal of accounts of the union shall be nominated from brazilians who satisfy the following requirements: more than thirty-five and less than sixty-five years of age; good moral character and unblemished reputation; notable understanding of law, accounting, economics and finances or public administration; more than ten years of practice or actual professional activity requiring the understanding mentioned in the preceding subparagraph. ministers of the tribunal of accounts of the union shall be chosen: one-third by the president of the republic, with the approval of the senate, two being alternately chosen from among auditors and members of the public ministry assigned to the tribunal from lists of three candidates suggested by the tribunal, in accordance with the criteria of seniority and merit; two-thirds by the national congress. ministers of the tribunal of accounts of the union shall have the same guarantees, prerogatives, impediments, compensation and privileges as the ministers of the superior tribunal of justice. the rules of art. 40 apply to their retirement benefits and pensions. when substituting for a minister, an auditor shall have the same guarantees and impediments as the holder of the office, and when exercising other judicial duties, as a judge of a regional federal tribunal. art 74 the legislature, executive and judiciary shall maintain integrated systems of internal control in order to: evaluate attainment of targets established in the multi-year plan, implementation of governmental programs and the budgets of the union; determine the legality and evaluate the efficacy and efficiency of budgetary, financial and patrimonial management by agencies and entities of the federal administration, as well as application of public resources by private law entities; exercise control over credit transactions, avals, and guarantees, as well as over the rights and property of the union; support external control in the performance of their institutional missions. upon learning of any irregularity or illegality, those responsible for internal control shall notify the tribunal of accounts of the union thereof, upon penalty of being jointly liable. any citizen, political party, association or syndicate has standing, as provided by law, to denounce irregularities or illegalities to the tribunal of accounts of the union. art 75 the rules established in this section shall apply, where appropriate, to the organization, composition and supervision of the tribunals of accounts of the states and the federal district, as well as the tribunals and councils of accounts of the counties. sole paragraph the state constitutions shall provide for their respective tribunal of accounts, which shall be staffed by seven councilors. chapter ii. the executive branch section i. president and vice-president of the republic art 76 the powers of the executive are exercised by the president of the republic, assisted by the ministers of the federal government. art 77 the president and the vice-president of the republic shall be elected simultaneously on the first sunday of october for the first round, and if there should be a second round, on the last sunday of october of the year prior to the termination of the mandate of the current president. election of the president of the republic shall signify election of his running mate as vice-president. once registered by a political party, the candidate who obtains an absolute majority of votes, not counting those left blank or void, shall be deemed the president-elect. if no candidate attains an absolute majority on the first ballot, another election shall be held within twenty days after announcement of the results between the two candidates who obtained the greatest number of votes, and the one who obtains a majority of valid votes shall be deemed elected. if, before the runoff election is held, a candidate dies, withdraws or is legally impaired, the candidate with the greatest number of votes among the remaining candidates shall be called. in the event of the preceding paragraphs, if more than one candidate with an equal number of votes remain in second place, the older shall qualify. art 78 the president and the vice-president of the republic shall take office at a session of the national congress, taking an oath to maintain, defend and comply with the constitution, observe the laws, promote the well-being of the brazilian people, and sustain the union, integrity and independence of brazil. sole paragraph if within ten days from the date scheduled for assuming office, the president or vice-president, except for force majeure, has not assumed the office, it shall be declared vacant. art 79 the vice-president shall replace the president in the event of impediment and shall succeed him in the event of vacancy. sole paragraph the vice-president of the republic, in addition to other powers conferred on him by complementary laws, shall assist the president whenever called on by him for special missions. art 80 in the event of impediment of the president and vice-president, or a vacancy in the respective offices, the president of the chamber of deputies, president of the federal senate, and president of the supreme federal tribunal shall be called successively to serve as president. art 81 if a vacancy occurs in the offices of president and vice-president of the republic, an election shall be held ninety days after the last vacancy occurred. if the vacancy occurs during the last two years of the president's term of office, the election for both offices shall be made by the national congress within thirty days after the last vacancy occurred, as provided by law. in any of these cases, those elected shall complete the terms of office of their predecessors. art 82 the mandate of the president of the republic is four years and shall begin on january 1st of the year following his election. art 83 under penalty of loss of office, the president and vice-president of the republic may not leave the country for a period of more than fifteen days without authorization from the national congress. section ii. powers of the president of the republic art 84 the president of the republic has the exclusive powers to: appoint and dismiss ministers of the federal government; exercise, with the assistance of the ministers of the federal government, the upper management of the federal administration; initiate legislation, in the manner and cases provided for in this constitution; approve, promulgate and order publication of laws, as well as issue decrees and regulations for their faithful execution; veto bills, either in whole or in part; to provide for by decree with respect to: organization and functioning of the federal administration, when this does not imply an increase in expense nor the creation or abolition of public agencies; the abolition of public positions or offices, when unoccupied; maintain relations with foreign states and accredit their diplomatic representatives; conclude international treaties, conventions and acts, subject to the approval of the national congress; decree a state of defense or a state of siege; decree and enforce federal intervention; send a governmental message and plan to the national congress at the opening of the legislative session, describing the country's situation and requesting actions he deems necessary; grant pardons and commute sentences, after hearing, if necessary, from the agencies instituted by law; exercise supreme command over the armed forces, appoint the commanders of the navy, the army and the air force, promote their generals and appoint them to positions held exclusively by them; appoint, after approval by the federal senate, the ministers of the supreme federal tribunal and superior tribunals, governors of the territories, procurator-general of the republic, president and directors of the central bank and other civil servants, when determined by law; appoint, observing the provisions of art. 73, the ministers of the tribunal of accounts of the union; appoint judges, in the cases provided for in this constitution, and the advocate-general of the union; appoint members of the council of the republic, according to the terms of art. 89, vii; convoke and preside over the council of the republic and the national defense council; declare war, in the event of foreign aggression, when authorized by the national congress or, upon its ratification if the aggression occurs between legislative sessions, and decree full or partial national mobilization under the same conditions; make peace, if authorized by or upon ratification by the national congress; confer decorations and honorary awards; permit, in cases provided for by complementary law, foreign forces to pass through brazilian territory or to remain therein temporarily; submit to the national congress the multi-year plan, the draft of the law of budgetary directives and the budget proposals provided for in this constitution; render annual accounts to the national congress concerning the previous fiscal year, within sixty days of the opening of the legislative session; fill and abolish federal government offices, in accordance with the law; issue provisional measures with the force of law in the terms of art. 62; exercise other powers provided for in this constitution. sole paragraph the president of the republic may delegate the powers mentioned in subparagraphs vi, xii and xxv, first part, to the ministers of the federal government, the procurator-general of the republic or the advocate-general of the union, who shall observe the limitations set forth in the respective delegations. section iii. liability of the president of the republic art 85 acts of the president of the republic that are attempts against the federal constitution are impeachable offenses, especially those against the: existence of the union; free exercise of the powers of the legislature, judiciary, public ministry and constitutional powers of the units of the federation; exercise of political, individual and social rights; internal security of the country; probity in administration; the budget law; compliance with the laws and court decisions. sole paragraph these offenses shall be defined in a special law, which shall establish rules of procedure and trial. art 86 if two-thirds of the chamber of deputies accept an accusation against the president of the republic, he shall be tried before the supreme federal tribunal for common criminal offenses or before the federal senate for impeachable offenses. the president shall be suspended from his duties: in common criminal offenses, if the accusation or criminal complaint is received by the supreme federal tribunal; in impeachable offenses, after proceedings are instituted by the federal senate. if, after a period of one hundred eighty days, the trial has not been concluded, the president's suspension shall end, without prejudice to normal progress of the proceedings. the president of the republic shall not be subject to arrest for common offenses until after a judgment of criminal conviction. during his term of office, the president of the republic may not be held liable for acts unrelated to the performance of his duties. section iv. the ministers of the federal government art 87 ministers of the federal government shall be chosen from among brazilians older than twenty-one and in full possession of their political rights. sole paragraph a minister of the federal government, in addition to other powers set out in this constitution and in law, shall have the power to: orient, coordinate and supervise agencies and entities of the federal administration in the area of his authority and to countersign acts and decrees signed by the president of the republic; issue instructions for the enforcement of laws, decrees and regulations; submit an annual report on his administration of the ministry to the president of the republic; perform acts pertinent to the powers granted or delegated to him by the president of the republic. art 88 the law shall provide for the creation and abolition of ministries and agencies of public administration. section v. council of the republic and the national defense council subsection i. council of the republic art 89 the council of the republic is the higher consultative body for the president of the republic and in which the following participate: the vice-president of the republic; the president of the chamber of deputies; the president of the federal senate; the majority and the minority leaders of the chamber of deputies; the majority and minority leaders of the federal senate; the minister of justice; six brazilians who are citizens by birth and over the age of thirty-five, two of whom are appointed by the president of the republic, two elected by the federal senate, and two elected by the chamber of deputies, all for a non-renewable three-year term. art 90 the council of the republic has the authority to give its opinion on: federal intervention, state of defense and state of siege; issues relevant to the stability of the democratic institutions. the president of the republic may call a minister of the federal government to participate in a council meeting when the agenda includes a matter related to the respective ministry. the organization and operation of the council of the republic shall be regulated by law. subsection ii. national defense council art 91 the national defense council is the consultative body of the president of the republic on matters related to national sovereignty and defense of the democratic state, and in which the following participate as original members; the vice-president of the republic; the president of the chamber of deputies; the president of the federal senate; the minister of justice; the minister of the state of defense; the minister of foreign affairs; the minister of planning; the commanders of the navy, the army and the air force. the national defense council has the authority to: opine in the event of declaration of war and making of peace, in accordance with this constitution; opine on decreeing a state of defense, state of siege and federal intervention; propose the criteria and conditions for utilization of areas indispensable to the security of national territory and to opine on their effective use, especially for the frontier strip and those related to preservation and exploitation of natural resources of any kind; study, propose and monitor development of initiatives required to guarantee national independence and defense of the democratic state. the organization and operation of the national defense council shall be regulated by law. chapter iii. the judiciary section i. general provisions art 92 the judiciary consists of: the supreme federal tribunal; the national council of justice; the superior tribunal of justice; the superior labor tribunal; the federal regional tribunals and the federal judges; the labor tribunals and the labor judges; the electoral tribunals and the electoral judges; the military tribunals and the military judges; the tribunals and judges of the states, the federal district and the territories. the supreme federal tribunal, the national council of justice and the superior tribunals sit in the federal capital. the supreme federal tribunal and the superior tribunals have jurisdiction over the entire national territory. art 93 complementary law, proposed by the supreme federal tribunal, shall set forth the statute of the judicature, observing the following principles: admission into the career, with the initial office of substitute judge, through public competitive examination and comparison of professional credentials, with the participation of the brazilian bar association in all phases, requiring the basic law degree and a minimum of three years of legal activity, obeying the order of classification for appointments; promotion from level to level, alternately based upon seniority and merit, observing the following rules: promotion is mandatory for a judge who has appeared on the merit list three consecutive or five alternate times; merit promotion requires two years of service at the respective level, and that the judge appear in the top fifth of the seniority list of such level, unless no one satisfying such requirements accepts the vacant post; evaluation of merit according to the performance and objective criteria of productivity and efficiency in exercising jurisdiction and by frequency and approval in official courses or recognized courses for improvement; in determining seniority, the tribunal may reject the most senior judge only by a substantiated two-thirds vote of its members, according to a specific procedure, assuring a full defense, the ballot being repeated until the selection is determined; judges shall not be promoted if they unjustifiably retain cases in their power beyond the legal period, and they cannot return such cases to the clerk's office without a proper order or decision; access to the intermediate appellate tribunals shall be based upon seniority and merit, alternately, determined at the last level or only entrance level; provisions for official courses for preparation, improvement and promotion of magistrates; participation in an official course or one recognized by a national school for the formation and improvement of magistrates is an obligatory step in the process of securing life tenure; the fixed compensation of the ministers of the superior tribunals shall correspond to 95 percent of the monthly fixed compensation set for the ministers of the supreme federal tribunal and the fixed compensation of the other magistrates shall be set by law and scaled, at the federal and state levels, in conformity with the respective categories of the national judicial structure. the difference between one career category and the next may not be greater than 10 percent or less than 5 percent, nor exceed 95 percent of the monthly fixed compensation of ministers of the superior tribunals, obeying, in any case, the provisions of arts. 37, xi, and 39, §4°; retirement benefits for judges and pensions for their dependents shall observe the provisions of art. 40; permanent judges shall reside in their respective judicial district, except with authorization of their tribunals; the acts of removal, placement on paid leave and retirement of magistrates, in the public interest, must be based upon an absolute majority vote of the respective tribunal or of the national council of justice, assuring a full defense; transfer by request or an exchange of magistrates in a district at an equal level shall comply with the provisions in subparagraphs a, b, c and e of subparagraph ii, when applicable; all judgments of judicial bodies shall be public, and all decisions shall be substantiated, under penalty of nullity; in cases in which preservation of the right of intimacy of the interested parties in secrecy does not prejudice the public interest in information, the law may limit attendance at determined occasions to only the parties themselves and their attorneys, or only to the latter; administrative decisions of tribunals must be substantiated and [rendered] in public sessions, with disciplinary decisions adopted by an absolute majority vote of their members; for the purpose of exercising administrative and jurisdictional powers delegated to the jurisdiction of the full court, a special body, with a minimum of eleven and a maximum of twenty-five members, may be organized in tribunals with more than twenty five judges; one-half of the positions shall be selected on the basis of seniority and the other half by election of the full court; court functioning shall be uninterrupted, prohibiting collective vacations in the courts and second instance tribunals; on days on which there are no normal court working hours, there shall be judges on continual duty; the number of judges in the jurisdictional unit shall be proportional to effective judicial demand and respective population; performance of administrative and ministerial acts without decisional character shall be delegated to public employees; cases shall be distributed immediately at all levels of jurisdiction. art 94 one-fifth of the seats on the federal regional tribunals and the tribunals of the states, federal district and territories, shall be occupied by members of the public ministry with over ten years of service and by lawyers of notable legal knowledge and unblemished reputations, with over ten years of actual professional activity, nominated in a list of six names by the entities that represent the respective groups. sole paragraph upon receipt of the nominations, the tribunal shall reduce the list to three names and send it to the executive, who, within the next twenty days, shall select one of the listed names for appointment. art 95 judges enjoy the following guarantees: life tenure, which, for judges of the first instance, shall be acquired only after two years in office; during this period, loss of office shall be determined by the tribunal to which the judge is subject and, in other cases, by a final and unappealable judgment of a court; non-removability, except by reason of public interest, under the terms of art. 93, viii; irreducibility of fixed compensation, except as provided in arts. 37, x and xii, 39, §4°, 150, ii, 153, iii, and 153, §2°, i. sole paragraph judges are forbidden to: hold, even when on paid leave from office, any other job or position, except as a teacher; receive, for any account or any pretext, court costs or participation in any lawsuit; engage in political or political party activities; receive, under any title or pretext, assistance or contributions from individuals or public or private entities, except as provided by law; to practice law for three years in the court or tribunal which they have left, starting from the date they left the position by retirement or resignation. art 96 the following shall have exclusive powers: the tribunals: to elect their directive bodies and to prepare their internal rules, observing the rules of procedure and procedural guarantees of the parties, regulating the jurisdiction and operation of the respective jurisdictional and administrative bodies; to organize their secretariats and auxiliary services and those of the courts subordinated to them, taking care to exercise their respective supervisory activities; to fill, in the form provided for in this constitution, positions for career judges within their respective jurisdictions; to propose the creation of new first instance courts; to fill, through public competitive examinations, or examinations and comparison of professional credentials, obeying the provisions of art. 169, sole paragraph, the positions necessary for the administration of justice, with the exception of positions of confidence, as defined by law; to grant leave, vacations and other absences to their members and to judges and employees immediately subordinated to them; the supreme federal tribunal, superior tribunals and tribunals of justice, to propose to their respective legislatures, observing the provisions of art. 169: changes in the number of members of inferior tribunals; creation and abolition of positions and remuneration of their auxiliary services and judges subordinate to them, as well as determination of the fixed compensation of their members and judges, including inferior tribunals, where they exist; creation or abolition of inferior tribunals; changes in judicial organization and division; the tribunals of justice, to try judges of the states, federal district and territories, as well as members of the public ministry, for common crimes and impeachable offenses, with the exception of cases within the jurisdiction of the electoral courts. art 97 tribunals may declare public laws or normative acts unconstitutional only by vote of an absolute majority of their members or members of their respective special body. art 98 the union shall create in the federal district and territories and states shall create [within their borders]: special courts, staffed by professional judges, or professional and lay judges, with the power to conciliate, to enter judgment and to execute with respect to civil suits of lesser complexity and minor criminal offenses. proceedings shall be oral and very summary, permitting, in cases provided for by law, settlement and resolution of appeals by panels of judges of the first instance; salaried justices of the peace, consisting of citizens elected by direct, universal and secret ballot, for a term of office of four years, with jurisdiction, in accordance with the law, to perform marriages, verify qualification proceedings ex officio or after challenge, and perform conciliatory functions of a non-jurisdictional nature, in addition to other functions provided by law. federal law shall provide for the creation of special courts in the area of federal justice. costs and fees shall be used exclusively to finance services under the care of specific activities of justice. art 99 the judiciary is assured administrative and financial autonomy. the tribunals shall prepare their budget proposals, within the limits stipulated jointly with the other branches in the law of budgetary directives. after hearing from other interested tribunals, the proposal shall be submitted: at the federal level, by the presidents of the supreme federal tribunal and superior tribunals, with approval of their respective tribunals; at the level of the states, federal district and territories, by the presidents of the tribunals of justice, with the approval of their respective tribunals. if the bodies referred to in § 2° do not deliver their respective budgetary proposals within the period established in the law of budgetary directives, for the purposes of consolidation of the annual budgetary proposal, the executive shall consider the amounts approved in the budgetary law in effect, adjusting them in accordance with the limits as stipulated in § 1° of this article. if the budgetary proposals with which this article deals are delivered in disregard of the limits as stipulated in § 1°, the executive shall make the necessary adjustments for the purposes of consolidation of the annual budgetary proposal. during the execution of the budget for the fiscal year, there shall be no realization of expenses or assumption of obligations that exceed the limits established in the law of budgetary directives through opening supplementary or special credits, except as previously authorized. art 100 payments owed by the federal, state, district and county treasuries, by virtue of a court judgment, shall be made exclusively in the chronological order of submission of the precatórios and to the account of the respective credits. designation of cases or persons in budget appropriations and the opening of additional credits for such purposes are prohibited. debits of a support nature include those stemming from salaries, wages, earnings, pensions and their complementary provisions; social security benefits; and indemnification for death or disability, based upon civil liability, by virtue of a final and non-appealable court judgment. these debits shall be paid in preference over all other debts, except for those referred to in § 2° of this article. debts for support whose owners, either original or through inheritance, are 60 (sixty) years of age, or who are suffering from a serious disease, or handicapped persons, as defined by law, shall be paid with preference over all other debts, up to a value equivalent to three times that fixed by law for the purposes of the provision in § 3° of this article. payment of a fractional amount is permitted for this purpose, with the rest being paid in the chronological order of the presentation of the judicial order of payment. the provision in the heading of this article with respect to the issuing of precatórios does not apply to payment of obligations defined by law as small amounts, which must be paid by the referred to treasuries by virtue of a final non-appealable judgment. for the purposes of the provision of § 3°, differing amounts for entities of public law may be fixed by their own laws according to different economic capabilities, with a minimum amount equal to the amount of the highest social security benefit in the general regime. budgets of public law entities must include funds necessary for payment of their debits stemming from final non-appealable judgments in accordance with precatórios submitted by july 1st. payment shall be made by the end of the following fiscal year, at which time their value shall be monetarily updated. the budgetary appropriations and the opened credits shall be consigned directly to the judiciary. it is the duty of the president of the tribunal rendering the decision that permits execution to determine integral payment and to authorize, at the creditor’s request, attachment of the amount necessary to satisfy the debit, but only in the event of failure to respect his right of precedence or failure to make a budgetary allocation of an amount necessary to satisfy his debit. the president of the competent tribunal who, by an act of commission or omission, delays or tries to frustrate the regular liquidation of a precatório commits an impeachable offense and shall also be held liable before the national council of justice. it is prohibited to issue a precatório complementary or supplementary to the amount paid, as well as to fractionize, divide or reduce the value of its execution, for the purpose of inclusion as part of the total to which § 3° of this article provides. [declared unconstitutional by the supreme federal tribunal in adi no. 4357 and adi no. 4425, march 23, 2013.] [declared unconstitutional by the supreme federal tribunal in adi no. 4357 and adi no. 4425, march 23, 2013.] in accordance with what is established by the law of the debtor federative entity, the creditor may exchange his credits in precatórios to purchase public real assets of the respective federative entity. [declared unconstitutional by the supreme federal tribunal in adi no. 4357 and adi no. 4425, march 23, 2013.] without need for the debtor’s consent, the creditor may assign to third parties, either totally or partially, his credits in precatórios. the provisions of §§ 2° and 3° do not apply to the assignee. the assignment of precatórios shall be effective only after communication, by means of a protocolized petition, to the tribunal of origin and to the debtor entity. without prejudice to the provisions of this article, a law complementary to this federal constitution shall establish a special regime for the payment of credit for state, federal district and county precatórios, providing for linkages between current net receipts and the form and period for liquidation. at its exclusive criteria and in the form of law, the union may assume debits stemming from state, federal district, and county precatórios, refinancing them directly. the union, the states, the federal district and the counties shall compare monthly, on an annual basis, the compromised amounts of their respective current net receipts with the payment of judicial orders of payment and small value obligations. for the purposes of §17ᵒ, current net receipts means the sum of receipts from taxes, patrimony, industry, agriculture, and cattle raising; from contributions and services; from current transfers and other current receipts, including those stemming from §1° of art. 20 of the federal constitution, verified in the included period by the second month immediately prior to the referred month and the 11 (eleven) preceding months, excluding duplicates, and deducting: from the union, the amounts delivered to the states, to the federal district, and to the counties by constitutional determination; from the states, the amounts delivered to the counties by constitutional determination; from the union, the states, the federal district and the counties, the employees’ contribution for the cost of their system of social security and social assistance and the receipts stemming from the financial compensation referred to in §9° of art. 201 of the federal constitution. in the event that total amount of the debts resulting from judicial condemnations in judicial orders of payment and small value obligations in a twelve-month period exceeds the average of the compromised percentage of current net receipts in the immediately preceding 5 (five) years, the amount that exceeds this percentage may be financed, exempted from the debt limits dealt with in subparagraphs vi and vii of art. 52 of the federal constitution and from any other debt limitations provided for, with the prohibition on the linking of receipts provided for in subparagraph iv of art. 167 of the federal constitution being inapplicable to this financing. in the event there are judicial orders of payment with values superior to 15% (fifteen percent) of the amount of the judicial orders of payment presented in the terms of §5ᵒ of this article, 15% (fifteen percent) of the value of these judicial orders of payment shall be paid by the end of the following fiscal year and the remainder in equal parcels in the five subsequent fiscal years, increased by interest for the delay and monetary correction, or through direct settlements via the auxiliary courts for settlement of judicial orders of payment, with a maximum reduction of 40% (forty percent) of the value of the updated credit, so long as no appeal or judicial defense is pending with respect to the credit and that the requirements set forth in the regulations issued by the federative entity are observed. section ii. the supreme federal tribunal art 101 the supreme federal tribunal is composed of eleven ministers, chosen from citizens between the ages of thirty-five and sixty-five, with notable legal knowledge and unblemished reputations. sole paragraph ministers of the supreme federal tribunal shall be appointed by the president of the republic, with approval of an absolute majority of the federal senate. art 102 the supreme federal tribunal has primary responsibility for safeguarding the constitution, with the power: to try and to decide, as matters of original jurisdiction: direct actions of unconstitutionality of federal or state normative acts or declaratory actions of constitutionality of federal laws or normative acts; charges of common criminal offenses against the president of the republic, the vice-president, members of the national congress, the tribunal's own ministers, and the procurator-general of the republic; charges of common criminal offenses and impeachable offenses against ministers of the federal government and the commanders of the navy, the army and the air force, except for the provision of art. 52, i, members of the superior tribunals and the tribunal of accounts of the union, and chiefs of permanent diplomatic missions; habeas corpus when the constrained party is any of the persons referred to in the preceding subsections; writs of security and habeas data against acts of the president of the republic, executive committees of the chamber of deputies and the federal senate, tribunal of accounts of the union, procurator-general of the republic, and the supreme federal tribunal itself; litigation between a foreign state or international organization and the union, state, federal district or territory; cases and conflicts between the union and states, the union and federal district, or between one another, including their respective entities of indirect administration; extradition requests from foreign states; revoked; habeas corpus, when the constraining party is a superior tribunal or when the constraining party or the constrained party is an authority or functionary whose acts are directly subject to the jurisdiction of the supreme federal tribunal, or in the case of a crime subject to the original jurisdiction of the supreme federal tribunal; criminal revisions and rescissory actions from its own decisions; [there is no subsection k]; claims to preserve its jurisdiction and to guarantee the authority of its decisions; execution of a judgment in cases within its original jurisdiction, it being allowed to delegate the power to perform procedural acts; actions in which all members of the judiciary have a direct or indirect interest, and those in which more than half the members of the tribunal of origin are disqualified or have a direct or indirect interest; conflicts of jurisdiction between the superior tribunal of justice and any other tribunals, between superior tribunals, or between the latter and any other tribunal; requests for a provisional remedy in direct actions of unconstitutionality; mandates of injunction, when drawing up the regulatory rule is the responsibility of the president of the republic, national congress, chamber of deputies, federal senate, executive committees of one of these legislative chambers, the tribunal of accounts of the union, one of the superior tribunals or the supreme federal tribunal itself; actions against the national council of justice and against the national council of the public ministry; to decide, on ordinary appeal: if denied, habeas corpus, writs of security, habeas data and mandates of injunction decided originally by the superior tribunals; political crimes; to decide on extraordinary appeal, cases decided in sole or last instance, when the appealed decision: is contrary to a provision of this constitution; declares a treaty or a federal law unconstitutional; upholds a law or act of local government challenged as violative of this constitution; upholds a local law challenged as contrary to federal law. allegation of disobedience of a fundamental precept stemming from this constitution shall be heard by the supreme federal tribunal, as provided by law. the supreme federal tribunal's definitive decisions on the merits in direct actions of unconstitutionality and in declaratory actions of constitutionality shall have erga omnes effects and shall be binding with respect to the rest of the judiciary and the federal, state and county public administration, both direct and indirect. in the extraordinary appeal, the appellant must demonstrate the general repercussions of the constitutional questions argued in the case, as provided by law, in order for the tribunal to examine the admissibility of the appeal, which may be rejected only by manifestation of two-thirds of its members. art 103 a direct action of unconstitutionality and a declaratory action of constitutionality may be brought by: the president of the republic; the executive committee of the federal senate; the executive committee of the chamber of deputies; the executive committee of a legislative assembly or the legislative chamber of the federal district; the governor of a state or the federal district; the procurator-general of the republic; the federal council of the brazilian bar association; a political party represented in the national congress; a syndical confederation or a national class entity. the procurator-general of the republic shall be heard previously in direct actions of unconstitutionality and in all cases coming within the jurisdiction of the supreme federal tribunal. whenever there is a declaration of unconstitutionality because measures to make a constitutional rule effective are lacking, the appropriate branch shall be notified to adopt the necessary measures, and in the case of an administrative agency, to do so within thirty days. when it considers the unconstitutionality of a legal rule or a normative act in the abstract, the supreme federal tribunal shall first summon the advocate-general of the union to defend the impugned act or text. revoked. art 103-a by decision of two-thirds of its members, after reiterated decisions on constitutional matters, the supreme federal tribunal may, ex officio or upon demand, approve a súmula which, upon publication in the official press, shall have binding effects on the other organs of the judiciary and the federal, state and county public administration, both direct and indirect. the supreme federal tribunal may also revise or cancel [its súmulas] in the manner established by law. the objective of the súmula shall be the validity, interpretation and efficacy of determined rules, as to which there is presently controversy among judicial bodies or between judicial bodies and the public administration, causing serious legal insecurity and corresponding multiplication of cases about identical questions. without prejudice to what has been established by law, approval, revision or cancellation of a súmula may be demanded by persons with standing to bring a direct action of unconstitutionality. a reclamation to the supreme federal tribunal will lie from an administrative act or judicial decision that is contrary to the applicable súmula or that improperly applies the súmula. upon determination that the reclamation should be granted, the supreme federal tribunal shall annul the administrative act or vacate the challenged judicial decision, and shall determine that another shall be rendered, with or without application of the súmula, as may be the case. art 103-b the national council of justice shall consist of fifteen members for a term of office of two years, with one renewal permitted, including: the president of the supreme federal tribunal; a minister of the superior tribunal of justice, selected by that tribunal; a minister of the superior tribunal of labor, selected by that tribunal; a justice of the tribunal of justice, selected by the supreme federal tribunal; a state judge, selected by the supreme federal tribunal; a judge of the federal regional tribunal, selected by the superior tribunal of justice; a federal judge, selected by the superior tribunal of justice; a judge of the regional labor tribunal, selected by the superior labor tribunal; a labor judge, selected by the superior labor tribunal; a member of the public ministry of the union, selected by the procurator-general of the republic; a member of the state public ministry, selected by the procurator general of the republic from nominations by the competent body of each state institution; two lawyers, selected by the federal council of the brazilian bar association; two citizens of notable legal knowledge and unblemished reputation, one selected by the federal chamber of deputies and the other by the federal senate. the president of the supreme federal tribunal and in his absence or impediment, by the vice-president of the supreme federal tribunal, shall preside over the council. the other members of the council shall be appointed by the president of the republic, after approval of the nomination by an absolute majority of the federal senate. if the appointments provided for in this article are not carried out within the legal period, the choice shall be made by the supreme federal tribunal. it is the responsibility of the council to control the administrative and financial functioning of the judiciary and performance of judges' functional duties. in addition to the powers conferred upon it by the statute of the judicature, the council shall have responsibility for: preserving judicial autonomy and compliance with of the statute of the judicature, being able to issue regulatory acts, within the scope of its competence, or to recommend measures; safeguarding observance of art. 37 and appreciating, ex officio or upon demand, the legality of administrative acts performed by members or organs of the judiciary, being able to vacate or revise them, or set a period in which to adopt the necessary measures for exact compliance with the law, without prejudice to the jurisdiction of the tribunal of accounts of the union; receiving and hearing complaints against members or organs of the judiciary, including against its auxiliary services, employees and agencies rendering notarial and registry services that act by delegation of public or official powers, without prejudice to the disciplinary and correctional jurisdiction of the tribunals. the council may assume jurisdiction over ongoing disciplinary proceedings and determine removal, leave or retirement with compensation or benefits proportional to the time of service and apply other administrative sanctions, assuring a full defense; making representations to the public ministry, in the case of crimes against public administration or abuse of authority; revising, ex officio or upon demand, disciplinary proceedings of judges and members of tribunals decided less than one year ago; preparing a statistical report each semester by unit of the federation on the cases and judgments entered by the different organs of the judiciary; preparing an annual report that proposes the measures it deems necessary with respect to the situation of the judiciary in the country and the activities of the council. this report should be part of the message of the president of the supreme federal tribunal sent to the national congress on the occasion of the opening of the legislative session. the minister of the superior tribunal of justice shall exercise the function of supervising minister and shall be excluded from distribution of the tribunal's cases. in addition to the powers conferred upon him by the statute of the judicature, he is responsible for the following: receiving complaints and denunciations from any interested person with respect to magistrates and judicial services; exercising the executive functions of the council as to general inspection and correction; requisitioning and designating magistrates, delegating powers to them, and requisitioning employees of judges or tribunals, including those of the states, federal district, and the territories. the procurator-general of the republic and the president of the federal council of the brazilian bar association shall officiate at the council. the union, including the federal district and its territories, shall create judicial grievance centers with jurisdiction to receive complaints and denunciations from any interested person against members or organs of the judiciary, or against their auxiliary services, reporting directly to the national council of justice. section iii. superior tribunal of justice art 104 the superior tribunal of justice shall consist of at least thirty-three ministers. sole paragraph the ministers of the superior tribunal of justice shall be appointed by the president of the republic, from brazilians between the ages of thirty-five and sixty-five, with notable legal knowledge and unblemished reputations, upon approval by an absolute majority of the federal senate, with: one-third from the judges of the federal regional tribunals and one-third from the justices (desembargadores) of the tribunals of justice, nominated in a list of three names drawn up by the tribunal itself; one-third, in equal parts, from the lawyers and members of the federal, state, federal district, and territorial public ministries, selected alternately, as set out in art. 94. art 105 the superior tribunal of justice has the power: to hear and to decide as a matter of original jurisdiction: for common crimes, the governors of the states and federal district; for common crimes and impeachable offenses, justices of the tribunals of justice of the states and federal district, members of tribunals of accounts of the states and federal district, members of the federal regional tribunals, regional electoral and labor tribunals, members of the councils or tribunals of accounts of the counties, and the members of the public ministry of the union acting before the tribunals; writs of security and habeas data against the acts of a minister of the federal government, the commanders of the navy, the army and the air force, or of the tribunal itself; habeas corpus, when the constraining party or the constrained party is any person mentioned in subsection a, or when the constraining party is a tribunal subject to its jurisdiction, a minister of the federal government, or a commander of the navy, the army or the air force, with the exception of the jurisdiction of the electoral tribunals; jurisdictional conflicts between any tribunals, except as provided in art. 102, i, o, as well as between a tribunal and judges not subordinated to it, and between judges subordinated to different tribunals; criminal revisions and rescissory actions from its own decisions; claims to preserve its jurisdiction and guarantee the authority of its decisions; conflicts of authority between administrative and judicial authorities of the union, or between judicial authorities of one state and administrative authorities of another state or the federal district, or between those of the latter and those of the union; mandates of injunction when preparation of the regulatory rule is the responsibility of a federal agency, entity or authority of direct or indirect administration, with the exception of cases falling under the jurisdiction of the supreme federal tribunal and the organs of military justice, electoral courts, labor courts and federal courts; recognition (homologation) of foreign judgments and concession of requests for letters rogatory (exequatur); to decide on ordinary appeal: denials of habeas corpus decided in sole or last instance by the federal regional tribunals or by the tribunals of the states, federal district, and territories; denials of writs of security decided originally by the federal regional tribunals or by tribunals of the states, federal district and territories; cases in which the parties on one side are a foreign state or an international organization, and, on the other side, a county or a person resident or domiciled in the country; to decide on special appeal cases decided, in sole or last instance, by the federal regional tribunals or by tribunals of the states, federal district and territories, when the appealed decision: is contrary to a treaty or federal law, or denies the effectiveness thereof; upholds an act of a local government challenged as contrary to federal law; interprets federal law differently from another tribunal. sole paragraph the following shall operate together with the superior tribunal of justice: the national school for formation and improvement of magistrates, with responsibility for, among other functions, regulating official courses for entry and promotion in the career; the council of federal justice, with responsibility for exercising, as provided by law, administrative and budgetary supervision of federal justice in the first and second instances, as the central body in the system, with disciplinary powers, whose decisions shall have binding effects. section iv. federal regional tribunals and federal judges art 106 the following are components of the federal courts: federal regional tribunals; federal judges. art 107 federal regional tribunals consist of at least seven judges, recruited, whenever possible, from their respective regions and appointed by the president of the republic from brazilians between the ages of thirty and sixty-five, with: one-fifth from lawyers with more than ten years of actual professional activity and members of the federal public ministry with more than ten years of career service; the remainder through promotion of federal judges with more than five years of service, alternating between seniority and merit. a law shall regulate removal or transfer of judges of the federal regional tribunals and determine their jurisdiction and place to sit. the federal regional tribunals shall set up itinerant courts, which shall hold hearings and other jurisdictional functions within the territorial limits of their respective jurisdictions, utilizing public and community facilities. the federal regional tribunals may function in a decentralized fashion, constituting regional chambers, in order to assure full access to justice at all phases of judicial proceedings. art 108 the federal regional tribunals have power: to hear and to decide as a matter of original jurisdiction: for common crimes and impeachable offenses, federal judges from the area of their jurisdiction, including those of the military and labor courts, as well as members of the public ministry of the union, except for the jurisdiction of the electoral courts; criminal revisions and rescissory actions from their own decisions and from those of federal judges of the region; writs of security and habeas data against an act of the tribunal itself or a federal judge; habeas corpus, when the constraining authority is a federal judge; jurisdictional conflicts between federal judges subordinated to the tribunal; to determine on appeal cases decided by federal judges and state judges exercising federal jurisdiction within the area of their jurisdiction. art 109 the federal judges have the power to hear and to decide: cases in which the union, an autarchy or a federal public company has an interest as plaintiffs, defendants, privies, or intervenors, except for bankruptcy, work-related accidents and those subject to the electoral and labor courts; cases between a foreign state or international organization and a county or person domiciled or resident in brazil; cases based on a treaty or a contract of the union with a foreign state or international organization; political crimes and criminal offenses detrimental to property, services or interests of the union or its autarchies or public companies, excluding minor offenses (contravenções) and cases within the jurisdiction of the military and electoral courts; crimes covered in international treaties or conventions, when their commission has begun in the country and their results have to take place or should have taken place abroad, or reciprocally; cases related to human rights referred to in § 5° of this article; crimes against organization of labor and, in cases determined by law, against the financial system and the economic and financial order; writs of habeas corpus, in criminal matters subject to their jurisdiction or when the constraint stems from an authority whose acts are not directly subject to another jurisdiction; writs of security and habeas data against an act of a federal authority, except for those cases subject to the jurisdiction of the federal tribunals; crimes committed aboard ships or aircraft, except for those subject to the jurisdiction of the military courts; crimes of a foreigner's irregular entry or stay, execution of letters rogatory after exequatur, enforcement of foreign court decisions after homologation, cases relating to nationality, including the respective options and naturalization; disputes over indigenous rights. cases in which the union is the plaintiff shall be brought in the judicial section where the other party is domiciled. cases against the union may be brought in the judicial section of the plaintiff's domicile, where the act or fact causing the complaint occurred, or where the thing causing the complaint is situated or in the federal district. cases in which the parties are a social security institution and its beneficiary, but no federal judge sits in the district, shall be tried and decided in the forum of the state court of the domicile of the insured or the beneficiary; the law may permit other cases to be tried and adjudicated in state courts. in the case of the preceding paragraph, the appeal that may be taken shall always be to the federal regional tribunal in the jurisdictional area of the judge of the first instance. for the purposes of assuring compliance with obligations stemming from international human rights treaties to which brazil is a party, the procurator-general of the republic shall suggest to the superior tribunal of justice, at any phase of the inquiry or proceeding, removal to the jurisdiction of the federal courts in cases of grave violation of human rights. art 110 each state, as well as the federal district, shall constitute a judicial section, which shall sit in the respective capital, with courts of the first instance located as established by law. sole paragraph in the federal territories, the jurisdiction and powers granted to the federal judges shall be attributed to the judges of the local courts, as provided by law. section v. the superior labor tribunal, the regional labor tribunals, and the labor judges art 111 the labor court system consists of: the superior labor tribunal; regional labor tribunals; labor judges. revoked: revoked. revoked. revoked. revoked. art 111-a the superior labor tribunal shall be composed of twenty-seven ministers, chosen among brazilians between thirty-five and sixty-five years of age, with notable legal knowledge and unblemished reputations, nominated by the president of the republic, after approval by an absolute majority of the federal senate, with: one-fifth from lawyers with more than ten years of effective professional activity and members of the public labor ministry with more than ten years of effective service, observing the provision of art. 94; the remainder from career magistrates of the regional labor tribunals, selected by the superior tribunal itself. the law shall provide for the jurisdiction of the superior labor tribunal. the following shall function together with the superior labor tribunal: the national school for the formation and improvement of labor magistrates, which, among other functions, shall be responsible for regulating official courses for entry and promotion in the career; the superior council of labor justice, as the central body of the system, which shall be responsible for performing administrative, budgetary, financial and patrimonial supervision of labor justice in the first and second instances, as provided by law. the council's decisions shall have binding effects. the superior labor tribunal shall be competent to hear and decide as a matter of original jurisdiction a reclamation for the preservation of its jurisdiction and guarantee of the authority of its decisions. art 112 the law shall create labor courts. in districts not included within their jurisdiction, the law may confer this jurisdiction on state court judges, with an appeal to the respective regional labor tribunal. art 113 the law shall provide for the constitution, investiture, jurisdiction, guarantees and conditions for performance for the agencies of the labor courts. art 114 the labor court system has the power to hear and judge: actions arising from labor relations, including those of foreign public law entities and those of direct and indirect public administration of the union, states, federal district and counties; actions involving exercise of the right to strike; actions concerning syndical representation between unions, unions and workers, and unions and employers; writs of security, habeas corpus and habeas data, when the challenged act involves matters subject to its jurisdiction; jurisdictional conflicts among bodies with labor jurisdiction, except for the provision of art. 102, i, o; actions for indemnification for moral or patrimonial damages stemming from labor relations; actions relating to administrative penalties imposed upon employers by bodies supervising labor relations; ex officio execution for social contributions provided for in art. 195, i, a, and ii, and any legal increments stemming from judgments entered; other controversies stemming from labor relations, as provided by law. if collective bargaining negotiations are unsuccessful, the parties may appoint arbitrators. if one party refuses collective bargaining or arbitration, the parties, by common accord, may file an economic collective labor dispute. this conflict may be decided by the labor courts, respecting the minimum legal provisions for protection of labor, as well as those previously agreed upon. in case of a strike in an essential activity, with the possibility of injury to the public interest, the public labor ministry shall bring a collective labor dispute, with the labor courts having jurisdiction to decide the conflict. art 115 the regional labor tribunals shall be composed of a minimum of seven judges recruited, when possible, from the respective region and appointed by the president of the republic from brazilians between the ages of thirty and sixty-five, with: one-fifth from lawyers with more than ten years of effective professional activity and members of the public labor ministry with more than ten years of effective service, observing the provision in art. 94; the others, through promotion of labor judges, alternatively by seniority and merit. the regional labor tribunals shall install itinerant courts, which shall hold hearings and other jurisdictional functions within the territorial limits of their respective jurisdictions, utilizing public and community facilities. the regional labor tribunals may function in a decentralized manner, constituting regional chambers to assure full jurisdictional access to justice at all phases of the proceedings. art 116 jurisdiction in the labor courts shall be exercised by a single judge. sole paragraph revoked. art 117 revoked. section vi. electoral tribunals and judges art 118 the electoral justice system consists of: the superior electoral tribunal; the regional electoral tribunals; the electoral judges; the electoral boards. art 119 the superior electoral tribunal shall be composed of at least seven members, chosen: through election, by secret ballot, with: three judges from among the ministers of the supreme federal tribunal; two judges from among the ministers of the superior tribunal of justice; by appointment of the president of the republic, two judges from six lawyers of notable legal knowledge and good moral character, indicated by the supreme federal tribunal. sole paragraph the superior electoral tribunal shall elect its president and vice-president from the ministers of the supreme federal tribunal, and an electoral inspector general from the ministers of the superior tribunal of justice. art 120 there shall be a regional electoral tribunal in the capital of each state and federal district. the regional electoral tribunals shall be formed: through election, by secret ballot: of two judges from the justices of the tribunals of justice; of two judges from the state courts, chosen by the tribunal of justice; by one judge of the federal regional tribunal that sits in the capital of the state or federal district, or in the absence thereof, by a federal judge chosen in any case by the respective federal regional tribunal; by two judges appointed by the president of the republic from six lawyers of notable legal knowledge and good moral character, nominated by the tribunal of justice. the regional electoral tribunal shall elect its president and vice-president from among the justices [of the tribunal of justice]. art 121 the organization and jurisdiction of the electoral tribunals, state court judges and electoral boards shall be provided for by complementary law. the members of the tribunals, the state court judges and the members of the electoral boards, while exercising their functions and to the extent applicable to them, shall enjoy full guarantees and shall be non-removable. except for a valid reason, judges of the electoral tribunals shall serve for at least two years and never for more than two consecutive two-year periods, and their alternates shall be chosen at the same time and through the same procedure, in equal numbers for each category. decisions of the superior electoral tribunal are not appealable, with the exception of those contrary to this constitution and those denying habeas corpus or a writ of security. decisions of the regional electoral tribunals may only be appealed when: they contravene an express provision of this constitution or law; a divergence exists in the interpretation of a law between two or more electoral courts; they deal with ineligibility or issuance of certificates of election in federal or state elections; they annul certificates of election or decree the loss of federal or state elective offices; they deny habeas corpus, writ of security, habeas data or a mandate of injunction. section vii. military courts and military judges art 122 the military justice system consists of: the superior military tribunal; the military tribunals and military judges instituted by law. art 123 the superior military tribunal shall be composed of fifteen ministers with life tenure, appointed by the president of the republic after approval of their nominations by the federal senate, with three from admirals of the navy, four from generals of the army, three from generals of the air force, all in active service and in the highest career rank, and with five from among civilians. sole paragraph the civilian ministers shall be chosen by the president of the republic from brazilians more than thirty-five years old, with: three from lawyers of notable legal knowledge and unblemished conduct, with more than ten years of actual professional activity; two, by equal choice, from military judges and members of the military public ministry. art 124 the military justice system shall have jurisdiction to try and adjudicate the military crimes defined by law. sole paragraph the law shall provide for the organization, operation and jurisdiction of the military justice system. section viii. state tribunals and judges art 125 the states shall organize their justice systems, observing the principles established in this constitution. the jurisdiction of the courts shall be defined in the state constitution, and the law of judicial organization shall be proposed by the tribunal of justice. the states have the power to institute an action of unconstitutionality of state or county laws or normative acts contrary to the state constitution, conferral of standing to act on only one agency being prohibited. by proposal of the tribunal of justice, a state law may create a state military justice system, which shall consist at the first instance of state court judges and councils of justice, and at the second instance of the tribunal of justice itself, or a tribunal of a military justice in those states in which the effective military is greater than twenty thousand members. the state military justice shall have jurisdiction to charge and to try members of the state military for military crimes defined by law and in judicial actions against acts of military discipline, preserving the jurisdiction of the jury when the victim is a civilian. it shall be the responsibility of the appropriate court to decide on the loss of post, loss of rank for officers and loss of grade for servicemen. the state court judges in the military courts shall have jurisdiction to charge and to judge by themselves military crimes committed against civilians and judicial actions against acts of military discipline. it is the responsibility of the council of justice, under the presidency of a state court judge, to charge and to judge other military crimes. the tribunal of justice shall operate in a decentralized fashion, constituting regional chambers, in order to assure full access to justice at all phases of the proceedings. the tribunal of justice shall install itinerant courts, which shall hold hearings and other jurisdictional functions within the territorial limits of their respective jurisdiction, utilizing public and community facilities. art 126 in order to decide rural land conflicts, the tribunal of justice shall propose creation of specialized courts, with exclusive jurisdiction over agrarian questions. sole paragraph whenever necessary to exercise jurisdiction efficiently, the judge shall go personally to the site of the legal controversy. chapter iv. positions essential to justice section i. the public ministry art 127 the public ministry is a permanent institution, essential to the jurisdictional function of the state, with responsibility for defending the legal order, the democratic regime and indispensable social and individual interests. unity, indivisibility and functional independence are institutional principles of the public ministry. the public ministry is assured functional and administrative autonomy, and it may, observing provisions of art. 169, propose to the legislature creation and abolition of its positions and auxiliary services, filling them through competitive public examinations, or such examinations and comparison of professional credentials; remuneration policy; and career plans. the law shall provide for its organization and operation. the public ministry shall draw up its budgetary proposal within the limits established in the law of budgetary directives. if the public ministry does not deliver its respective budgetary proposal within the period established in the law of budgetary directives, the executive shall consider, for purposes of consolidation of the annual budgetary proposal, the amounts approved in the current budgetary law, adjusted in accordance with the limits set forth in the form of § 3°. if the budgetary proposal dealt with in this article is delivered in disregard of the limits set forth in § 3°, the executive shall proceed with the necessary adjustments in order to consolidate the annual budgetary proposal. during execution of the budget for the current fiscal year, there shall be no realization of expenses or assumption of obligations that exceed the limits established in the law of budgetary directives through opening supplemental or special credits, unless previously authorized. art 128 the public ministry includes: the public ministry of the union, which consists of: the federal public ministry; the labor public ministry; the military public ministry; the public ministry of the federal district and territories; the public ministries of the states. the head of the public ministry of the federal government is the procurator-general of the republic, appointed by the president of the republic from career members over thirty-five years of age, after approval by an absolute majority of the members of the federal senate, for a term of office of two years, re-appointment being permitted. the procurator-general of the republic can be removed from office, on the initiative of the president of the republic, subject to prior authorization of an absolute majority of the federal senate. the public ministry of the states, federal district and territories shall make up a list of three names from career members, in the form of the respective law, for selection of their procurators-general, who shall be appointed by heads of the executive branch for a term of office of two years, permitting one reappointment. the procurators-general of the states and of the federal district and territories may be removed from office by an absolute majority of the legislature, under the terms of a respective complementary law. complementary laws of the union and states, which may be proposed by the respective procurators-general, shall establish the organization, powers and by-laws of each public ministry, observing with respect to their members: the following guarantees: life tenure after two years in office, capable of losing their positions only by a court judgment that has become final and unappealable; non-transferability, except by reason of public interest, through a decision of the appropriate collegiate body of the public ministry, by an absolute majority vote of its members, assuring a full defense; irreducibility of fixed compensation, set in the form of art. 39, § 4°, and except a provided for in arts. 37, x and xi, 150, ii, 153, iii, 153, § 2°, i; the following prohibitions: receiving, on any account and under any pretext, fees, percentages or court costs; practicing law; participating in a commercial company, as provided by law; performing, even when on leave, any other public function except teaching; engaging in political party activities; under any title or pretext, receiving assistance or contributions from individuals or public or private entities, except as provided by law. the provision of art. 95, sole paragraph, v applies to members of the public ministry. art 129 the institutional functions of the public ministry are: the exclusive power to bring public criminal prosecutions, as provided by law; to safeguard effective respect by the government and services of public relevance for rights protected by this constitution, taking the necessary action to guarantee such rights; to institute civil investigations and public civil actions to protect the public and social patrimony, the environment and other diffuse and collective interests; to institute direct actions of unconstitutionality or representation for purposes of intervention by the union and states, in cases set out in this constitution; to defend judicially the rights and interests of indigenous populations; to issue notices in administrative procedures under its jurisdiction, requesting information and documents to guide them, as provided by the respective complementary law; to exercise external control over police activities, as provided by the complementary law mentioned in the preceding article; to request investigations and institution of police investigations, indicating the legal basis for its procedural acts; to perform other functions conferred upon it, so long as they are compatible with its purpose, prohibiting judicial representation and legal advice to public entities. the standing of the public ministry to bring civil actions provided for in this article shall not preclude standing of third parties in the same cases, as provided in this constitution and by law. functions of the public ministry may be performed only by career personnel, who must reside in the judicial district of their respective assignments, except with the authorization of the head of the institution. entry into the career of the public ministry shall be through public competitive examinations and comparison of professional credentials, assuring participation of the brazilian bar association in such competition, and shall require a law degree and a minimum of three years of legal activities, observing the order of classification for appointments. where appropriate, the provisions of art. 93 apply to the public ministry. the distribution of cases in the public ministry shall be immediate. art 130 provisions of this section relating to rights, prohibitions and form of investiture apply to members of the public ministry attached to tribunals of accounts. art 130-a the national council of the public ministry shall consist of fourteen members appointed by the president of the republic, after approval by an absolute majority of the federal senate, for a mandate of two years, permitting one additional term. it consists of: the procurator-general of the republic, who shall preside; four members of the public ministry of the union, assuring representation to each of its careers; three members of the public ministry of the states; two judges, one selected by the supreme federal tribunal and the other by the superior tribunal of justice; two lawyers selected by the federal council of the brazilian bar association; two citizens of notable legal knowledge and unblemished reputation, one selected by the federal chamber of deputies and the other by the federal senate. the members of the council coming from the public ministry shall be selected by the respective public ministries, as provided by law. the national council of the public ministry shall be responsible for control of the administrative and financial functioning of the public ministry and performance of the functional duties of its members. it is responsible for: preserving the functional and administrative autonomy of the public ministry, being able to issue regulatory acts in its area of jurisdiction, or to recommend measures; observing art. 37 and appreciating, ex officio or upon demand, the legality of administrative acts practiced by members or bodies of the public ministry of the union and of the states. the national council can vacate or revise these acts, or fix a period in which necessary measures for the precise performance of the law shall be adopted, without prejudice to the jurisdiction of the tribunals of accounts; receiving and hearing complaints against members or organs of the public ministry of the union and the states, including against their auxiliary services, without prejudice to the disciplinary and correctional jurisdiction of the institution. the national council may assume jurisdiction over ongoing disciplinary proceedings to determine removal, leave or retirement with salary or benefits proportional to the time of the service and to apply other administrative sanctions, assuring a full defense; revising, ex officio or by demand, disciplinary proceedings of members of the public ministry of the union or the states decided less than one year ago; preparing an annual report proposing measures that it deems necessary with respect to the situation of the public ministry in the country and the activities of the council, which shall be part of the message provided for in art. 84, xi. by secret ballot the council shall choose a national supervisor from among the members of the public ministry to which it is a part. reelection is prohibited. the national supervisor shall have the following responsibilities, in addition to the powers conferred upon her or him by law: to receive complaints and denunciations, from any interested person, with respect to the members of the public ministry and its auxiliary services; to perform the executive functions of the council with respect to general inspection supervision; to requisition and designate members of the public ministry, delegating powers to them, and to requisition employees of the organs of the public ministry. the president of the federal council of the brazilian bar association shall officiate at the council. state and federal laws shall create grievance centers for the public ministry, competent to hear complaints and denunciations by any interested person against members or organs of the public ministry, including against their auxiliary services, presenting them directly to the national council of the public ministry. section ii. public advocacy art 131 the advocacy-general of the union is the institution that, either directly or through a subordinated agency, represents the union, both judicially and extra-judicially. under the terms of a complementary law providing for its organization and operations, it is responsible for the activities of legal consultation and counseling to the executive. the head of the advocacy-general of the union is the advocate-general of the union, freely appointed by the president of the republic from among citizens over thirty-five years of age, of notable legal knowledge and unblemished reputation. entry into initial phases of the career of the institution dealt with in this article shall be by competitive public examinations and comparison of professional credentials. the procurator-general of the national treasury is responsible for representing the union with respect to execution on unpaid taxes owed to it, as provided by law. art 132 the procurators of the states and the federal district, career positions into which admission depends upon public competitive examinations and professional credentials, with participation by the brazilian bar association in all phases, shall provide judicial representation and legal counseling to their respective federative units. sole paragraph procurators referred to in this article are assured tenure after three years of actual service, via performance evaluation by their own agencies, after a corroborating report from the supervising judges. section iii. the practice of law art 133 lawyers are indispensable to the administration of justice, and they are immune for their acts and manifestations in the practice of their profession, within the limits of the law. section iv. the public defender’s office art 134 the public defender’s office is a permanent institution, essential to the state’s jurisdiction function, and it shall be fundamentally responsible, as an expression and instrument of the democratic regime, for legal orientation, the promotion of human rights, and the integral and gratuitous defense, at all levels, judicial and extrajudicial, of individual and collective rights of the needy, as set out in art. 5, lxxxiv. a complementary law shall organize the public defender's office of the union and of the federal district and territories and prescribe general rules for its organization in the states, with career positions, filled at the entry level through public competitive examinations and comparison of professional credentials, assuring its members the guarantee of non-transferability and prohibiting practice of law outside their institutional duties. state public defenders are assured functional and administrative autonomy and the right to initiate their budget proposal within the limits established in the law of budgetary directives, subject to the provisions of art. 99, § 2°. the provisions of § 2° apply to the public defenders of the union and the federal district. the institutional principles of the public defender’s office are functional unity, indivisibility, and independence, applying also, when they fit, the provisions of art. 93 and subparagraph ii of art. 96 of this federal constitution. art 135 the civil servants that form part of the careers regulated in sections ii and iii of this chapter shall be compensated in the form of art. 39, §4°. title v. defense of the state and democratic institutions chapter i. state of defense and state of siege section i. state of defense art 136 after hearing from the council of the republic and the national defense council, the president of the republic may decree a state of defense in specific restricted locations to preserve or promptly re-establish public order or social peace threatened by grave and imminent institutional instability or affected by large scale natural calamities. the decree instituting a state of defense shall determine the period of its duration, specify the areas affected and indicate, within the terms and limits of the law, which of the following coercive measures will be in force: restrictions on rights of: assembly, even when held within associations; secrecy of correspondence; secrecy of telegraph and telephone communication; occupation and temporary use of public property and services in the event of a public calamity, with the union being liable for the resulting damages and costs. the state of defense may not exceed thirty days, and it may be extended once for an identical period if the reasons justifying the respective decree persist. when a state of defense is in force: imprisonment for a crime against the state, determined by the party executing the measure, shall be communicated immediately by such party to the proper judge, who shall release the prisoner if the imprisonment is illegal; the prisoner may request examination of the corpus delicti from the police authority; the communication shall be accompanied by a statement by the authority as to the physical and mental state of the detainee at the time of arrest; no person shall be imprisoned or detained for more than ten days, unless authorized by the judiciary; maintaining a prisoner incommunicado is prohibited. when a state of defense has been decreed or extended, the president of the republic shall submit the act with its respective justification within twenty-four hours to the national congress, which shall decide on it by absolute majority. if in recess, the national congress shall be convoked extraordinarily within five days. the national congress shall examine the decree within ten days of its receipt, and shall continue functioning while the state of defense is in force. if the decree is rejected, the state of defense shall cease immediately. section ii. state of siege art 137 after having heard from the council of the republic and the national defense council, the president of the republic may request authorization from the national congress to decree a state of siege in the event of: a serious disturbance with national effects or occurrence of events that show the ineffectiveness of a measure taken during the state of defense; declaration of state of war or response to foreign armed aggression. sole paragraph upon requesting authorization to decree a state of siege or to extend it, the president of the republic shall submit the reasons for such request, and the national congress shall decide on it by absolute majority. art 138 the decree of a state of siege shall indicate the period of its duration, the rules required to implement it and the constitutional guarantees that are to be suspended. after publication, the president of the republic shall designate the executor of the specific measures and the affected areas. in the case of art. 137, i, a state of siege may not be decreed for more than thirty days, nor may each prolongation exceed a like period; in the case of subparagraph ii, a state of siege may be decreed for the entire period of war or foreign aggression. if authorization to decree a state of siege is requested during a legislative recess, the president of the federal senate shall immediately convoke the national congress to meet within five days in extraordinary session in order to consider the act. the national congress shall remain in session until the end of the coercive measures. art 139 when a state of siege decreed under art. 137, i, is in effect, only the following measures may be taken against individuals: obligation to remain in a determined place; detention in a building not destined for persons accused or convicted of common crimes; restrictions regarding inviolability of correspondence, secrecy of communications, providing information and freedom of press, radio broadcasting and television, as provided by law; suspension of freedom of assembly; search and seizure in one's domicile; intervention in public utility companies; requisitioning of property. sole paragraph broadcasting pronouncements made by legislators in their legislative chambers, if authorized by the respective executive committee, is not included in the restrictions of subparagraph iii. section iii. general provisions art 140 after hearing from party leaders, the executive committee of the national congress shall designate a committee composed of five of its members to monitor and supervise implementation of measures concerning a state of defense and state of siege. art 141 when the state of defense or state of siege ceases, its effects shall also cease, without prejudice to liability for unlawful acts committed by its executors or agents. sole paragraph as soon as the state of defense or state of siege ceases, the measures applied during the period it was in force shall be reported by the president of the republic in a message to the national congress, specifying and justifying the actions taken, listing the names of those affected and indicating the restrictions applied. chapter ii. armed forces art 142 the armed forces, made up of the navy, army and air force, are permanent and regular national institutions, organized on the basis of hierarchy and discipline, under the supreme authority of the president of the republic, and intended to defend the nation, guarantee the constitutional branches of government and, on the initiative of any of these branches, law and order. a complementary law shall set out the general rules to be adopted for the organization, training and use of the armed forces. habeas corpus does not lie for military disciplinary punishments. members of the armed forces are called the military, applying to them, as well as what comes to be provided by law, the following provisions: ranks with the prerogatives, rights and duties inherent to them, are conferred by the president of the republic and assured fully to active, reserve or retired officers, who shall have exclusive rights to military titles, posts, and jointly with other members, use of the uniforms of the armed forces; a member of the military in active service who accepts a permanent civil service position or employment, except for the possibility provided for in art. 37, subparagraph xvi, line "c", shall be transferred to the reserves, as provided by law; a member of the military in active service who, as provided by law, assumes a temporary non-elective public office, employment, or position, even in the indirect administration, except for possibility provided for in art. 37, subparagraph xvi, line "c", shall remain part of his respective staff. so long as he remains in this situation, he may be promoted only through seniority, and his period of service shall be counted only for that promotion and transfer to the reserves. after two years away from active service, whether continuous or not, he shall be transferred to the reserves, as provided by law; military servicemen are prohibited from forming unions and striking; while in active service, military servicemen may not be affiliated with political parties; an officer shall loose his position and rank only if adjudged unworthy or incompatible with being an officer, by a decision of a permanent military tribunal in peacetime or a special tribunal in wartime; an officer convicted in the ordinary or military courts and sentenced to imprisonment for more than two years by a final and non-appealable decision shall be submitted to the adjudication provided for in the preceding paragraph; the provisions of art. 7, subparagraphs viii, xii, xvii, xviii, xix and xxv and of art. 37, subparagraphs xi, xiii, xiv and xv, apply to military servicemen, as provided by law, and with prevalence of military activity under art. 37, subparagraph xvi, line "c"; revoked; the law shall provide for entry into the armed services, age limits, tenure and other conditions for transfer of servicemen into inactivity, rights, responsibilities, compensation, prerogatives and other special situations of the military, considering the peculiarities of their activity, including those performed by force of international agreements and war. art 143 military service is compulsory as provided by law. the armed forces shall have the power, as provided by law, to assign alternative service in peacetime to those who, after enlistment, allege that they are conscientious objectors, understood as having objections based on religious beliefs and philosophical or political convictions for exemption from activities of an essentially military character. women and the clergy are exempt from compulsory military service in peacetime but are subject to other duties that may be assigned to them by law. chapter iii. public security art 144 public security, the duty of the state and the right and responsibility of all, is exercised for preservation of public order and security of persons and property, by means of the following agencies: federal police; federal highway police; federal railway police; civilian police; military police and military fire brigades. the federal police, created by law as a permanent body, organized and maintained by the union, structured into a career, is designed: to detect criminal offenses against the political and social order or detrimental to property, services and interests of the union, its autarchies and its public enterprises, as well as other offenses with interstate or international repercussions, requiring uniform repression according to law; to prevent and repress illegal traffic in narcotics and similar drugs, contraband and smuggling, without prejudice to action by the treasury and other government agencies in their respective areas of jurisdiction; to perform the functions of maritime, airport and border police; to perform exclusively the functions of judicial police of the union. the federal highway police is a permanent body, organized and maintained by the union, structured into a career and designed to patrol the federal highways ostensively, as provided by law. the federal railway police, a permanent body, organized and maintained by the union, structured into a career and designed to patrol the federal railways ostensively, as provided by law. excluding the jurisdiction of the union, the civil police, directed by career police chiefs, has the duty to act as judicial police and to investigate criminal offenses, with the exception of military offenses. the military police is responsible for ostensively policing and preserving public order; the military firemen, in addition to the duties defined by law, are responsible for carrying out activities of civil defense. the military police and firemen, auxiliary forces and the army reserves, together with the civilian police, are under the control of the governors of the state, federal district and territories. the law shall regulate the organization and operation of the agencies responsible for public security in such manner as to guarantee the efficiency of their activities. the counties may organize county guards in order to protect county property, services and facilities, as provided by law. the remuneration of police civil servants that form part of the agencies set out in this article shall be fixed in accordance with § 4° of art. 39. road security, exercised for the preservation of public order and the safety of persons and their patrimony on public roads: includes the instruction, engineering, and supervision of transit, along with other activities provided for by law, that assure to the citizen the right to efficient urban mobility; and in the ambit of the states, the federal district, and the counties, it is the responsibility of the respective organs or executive entities and their transit agents, structured in a career, as provided by law. title vi. taxation and budget chapter i. national tributary system section i. general principles art 145 the union, states, federal district and counties may levy the following tributes: taxes; fees, by virtue of exercise of police power or for effective or potential use of specific and divisible public services provided to taxpayers or made available to them; assessments for public works. whenever possible, taxes shall be personal and shall vary with the economic capacity of the taxpayer. to make these objectives effective, the tax administration may identify the patrimony, income and economic activities of the taxpayer, respecting individual rights, as provided by law. fees may not be calculated on the same basis as taxes. art 146 a complementary law shall: deal with conflicts of taxing power among the union, states, federal district and counties; regulate the constitutional limitations on the taxing power; establish general rules for tax legislation, particularly as to: definition of tributes and their types, as well as, with respect to taxes specified in this constitution, the definition of the respective taxable events, basis for calculation and taxpayers; tax liability, assessment, credit, limitations periods and laches; adequate tax treatment for the cooperative acts performed by cooperative entities; definition of differentiated and favored treatment for micro-firms and small firms, including special or simplified regimes for the tax provided for in art. 155, ii; the contributions provided for in art. 195, i and §§ 12° and 13°; and the contribution referred to in art. 239. sole paragraph the complementary law dealt with in subparagraph iii, d, shall also institute a unified regime for collection of taxes and contributions of the union, states, federal district and counties, observing that: it shall be optional for the taxpayer; a state may establish conditions for differentiated enrollment; collection shall be unified and centralized, and the distribution of the portion of the funds belonging to the respective federative entities shall be immediate, prohibiting any retention or conditioning; collection, supervision and levying may be divided by the federative entities, adapting a unified national roll of taxpayers. art 146-a in order to prevent disequilibria from competition, a complementary law may establish special criteria for taxation, without prejudice to the jurisdiction of the union to establish by law rules for the same purpose. art 147 in federal territories, the union has the power to levy state taxes and, if the territory is not divided into counties, county taxes as well. the federal district has the power to impose county taxes. art 148 the union, through a complementary law, may impose compulsory loans: to defray extraordinary expenses resulting from public calamity, foreign war or imminence thereof; in the event of a public investment of urgent character and relevant national interest, observing the provisions of art. 150, iii, b. sole paragraph applications of the funds derived from a compulsory loan shall be tied to the expense that was the basis for its imposition. art 149 the union has the exclusive power to institute social contributions, contributions for the intervention in the economic domain, and contributions in the interest of professional or economic categories, as instruments of its activity in the respective areas, observing the provisions of arts. 146, iii, and 150, i and iii, and without prejudice to the provisions of art. 195, § 6°, with respect to the contributions mentioned in that provision. the states, the federal district, and counties may institute a contribution, collected from their employees, for funding their social security regime dealt with in art. 40, at a rate not less than the contribution of civil servants holding effective positions in the union. the social contributions and the contribution for the intervention in the economic domain dealt with in the heading of this article: shall not be levied on export proceeds; shall also be levied on the importation of foreign products or services; the rates may be: ad valorem, based upon the invoice, gross receipts or the value of the transaction and, in the case of imports, the customs value; specific, based upon the unit of measure adopted. an individual importer may be treated as the equivalent of a legal entity, as provided by law. the law shall define the situations in which contributions shall be incurred only once. art 149-a the counties and the federal district may institute a contribution, as prescribed by their respective laws, for financing the service of public illumination, observing the provisions of art. 150, i and iii. sole paragraph the contribution referred to in the heading may be assessed on the bill for the consumption of electric energy. section ii. limitations on the taxing power art 150 without prejudice to other guarantees assured the taxpayer, the union, states, federal district and counties are prohibited from: imposing or increasing a tax without a law that does so; instituting unequal treatment among taxpayers that are similarly situated, it being prohibited to make any distinction because of professional occupation or job performed by them, regardless of the legal denomination of income, securities or rights; collecting taxes: for taxable events that occurred before the law that instituted or increased them went into force; in the same fiscal year in which the law that instituted or increased them was published; prior to the expiration of ninety days from the date on which the law that institutes or increases them has been published, observing the provision in line b; using taxes for purposes of confiscation; establishing limitations on movement of persons or goods by means of interstate or inter-county taxes, except for collection of tolls for use of highways maintained by the government; levying taxes on: patrimony, income or services of one another; temples of any religion; patrimony, income or services of political parties, including their foundations, labor unions and non-profit educational and social assistance institutions, observing the requirements of the law; books, newspapers, periodicals and paper intended for the printing thereof. musical phonograms and video phonograms produced in brazil containing musical or literary musical works by brazilian authors and/or general works interpreted by brazilian artists, as well as supporting materials or digital archives which contain them, except in the phase of industrial replication of optical media for leisure reading. the prohibition of subparagraph iii, b, does not apply to the taxes provided for in arts. 148, i; 153, i, ii, iv and v; and 154, ii; and the prohibition of subparagraph iii, c, does not apply to the taxes provided for in arts. 148, i; 153, i, ii, iii and v; and 154, ii, nor to the fixing of the basis of calculation for the taxes provided for in arts. 115, iii; and 156, i. the prohibition contained in subparagraph vi, a, extends to autarchies and foundations instituted and maintained by the government with respect to the patrimony, income and services connected with their essential purposes. the prohibitions contained in subparagraph vi, a, and in the preceding paragraph do not apply to the patrimony, income and services connected with the exploitation of economic activities governed by the rules that apply to private ventures or to ventures in which users provide a counter performance or pay prices or tariffs, nor exempt one who has agreed to buy property from the obligation to pay the tax thereon. the prohibitions contained in subparagraph vi, subsections b and c, encompass only the patrimony, income and services connected with the essential purpose of the entities mentioned therein. the law shall determine measures for consumer clarification about taxes levied on goods and services. any subsidy or exemption, reduction in the basis of calculation, concession of a presumed credit, amnesty or remission involving taxes, fees or contributions, may be granted only through a specific federal, state or county law that exclusively regulates the above enumerated matters or corresponding tax or assessment, without prejudice to the provisions of art. 155, § 2°, xii, g. a law may impose liability upon the taxpayer for payment of a tax or assessment whose taxable event may occur afterwards, assuring the immediate and preferential restitution of the amount paid should the presumed taxable event not occur. art 151 the union is forbidden: to levy taxes that are not uniform throughout the entire national territory or that imply a distinction or preference in relation to a state, federal district or county, to the detriment of another; however, fiscal incentives may be granted to promote balance in socio-economic development among different regions of the country; to tax income from public debt obligations of the states, federal district and counties, as well as the remuneration and benefits of the respective public agents, at higher levels than those fixed for its own obligations and agents; to grant exemptions from taxes within the jurisdiction of the states, federal district or counties. art 152 the states, the federal district and the counties are prohibited from establishing a tax differential between goods and services of any nature because of their origin or destination. section iii. taxes of the union art 153 the union has the power to levy taxes on: importation of foreign products; exportation to other countries of national or nationalized products; income and earnings of any nature; industrialized products; credit transactions, foreign exchange operations, insurance or transactions relating to negotiable instruments or securities; rural property; large fortunes, as provided in a complementary law. the executive may, with due regard for the conditions and limits established by law, change the rates on the taxes set out in subparagraphs i, ii, iv and v. the tax provided for in subparagraph iii: shall be based on criteria of generality, universality and progressiveness, as provided by law; revoked. the tax provided for in subparagraph iv: shall be selective, based on the essentiality of the product; shall be noncumulative, with an offset against the tax owed on each transaction of the amount charged on previous transactions; shall not be imposed on industrialized products destined for export; shall have a reduced impact on the acquisition of capital goods by the taxpayer, as provided by law. the tax provided for in subparagraph vi of the heading: shall be progressive and its rates shall be fixed in a manner that is a disincentive to the maintenance of unproductive properties; shall not be levied on small rural properties, as defined by law, when worked by the owner if he owns no other real property; shall be inspected and collected by the counties that opt to do so, as provided by law, so long as this does not imply a reduction in the tax or any other form of fiscal waiver. gold, when defined by law as a financial asset or instrument of foreign exchange, shall be subject exclusively to the tax mentioned in subparagraph v of the heading of this article, which shall be owed on the original transaction; the minimum rate shall be one percent, ensuring transference of the amount collected in the following terms: thirty percent to the state, federal district or territory, depending on the origin; seventy percent to the county of origin. art 154 the union may impose: by means of a complementary law, taxes not listed in the preceding article, provide they are noncumulative and have a specific taxable event or basis of assessment other than those specified in this constitution; in the case of foreign war or its imminent threat, extraordinary taxes, whether or not included in its taxing power, which shall be gradually repealed when the causes for their creation cease. section iv. state and federal district taxes art 155 the states and the federal district have the power to impose taxes on: transfers causa mortis and donations of any property or rights; transactions relating to circulation of goods and the performance of services of interstate and inter-county transportation and communications, even when the transactions and performance begin abroad; ownership of automotive vehicles. the tax provided for in subparagraph i: can be imposed, with respect to real property and its respective rights, by the state or federal district where the property is located; can be imposed, with respect to personalty, securities and credit instruments, by the state or federal district where the inventory or schedule is probated, or the domicile of the donor; shall have its jurisdiction regulated by a complementary law: if the donor is domiciled or resident abroad; if the deceased was a foreign resident or domiciliary, owned property abroad or had an inventory probated abroad; shall have its maximum rates fixed by the federal senate. the tax provided for in subparagraph ii shall conform to the following: it shall be noncumulative, with an offset against the tax owed on each transaction of circulation of goods or performance of services by the amount charged on the previous ones by the same state, by another state or by the federal district; exemption or non-incidence, unless the contrary is determined in legislation: shall not imply a credit to offset the amount due on subsequent transactions or performances; shall carry with it annulment of credits for prior transactions; may be selective, depending upon the essentiality of the merchandise or services; a resolution of the federal senate, on the initiative of the president of the republic or of one-third of the senators, approved by an absolute majority of its members, shall set the rates applicable to interstate and export transactions and performances; the federal senate may: set minimum rates for internal transactions, by resolution on the initiative of one-third and approved by an absolute majority of its members; fix maximum rates for the same transactions to resolve specific conflicts involving interests of states, by a resolution on the initiative of an absolute majority and approved by two-thirds of its members; unless there is a decision to the contrary by the states and the federal district, in the terms of subparagraph xii, g, the intrastate rates on circulation of goods and performing of services may not be lower than those established for interstate transactions; for transactions and installments that send goods and services to a final consumer located in another state, whether or not such consumer is the taxpayer, the interstate rate is adopted, and it shall be up to the state where the recipient is located to collect the difference between the state's internal rate and the interstate rate; repealed. repealed. liability for collection of the tax corresponding to the difference between the internal rate and the interstate rate dealt with in subparagraph vi shall be attributed to: to the recipient when he or she is the taxpayer; to the sender when the recipient is not the taxpayer; shall also be imposed: on the entry of goods or merchandise imported from abroad by an individual or a legal entity, even though not a habitual taxpayer, regardless of purpose, as well as on services performed abroad, the tax being allocated to the state where the domicile [of the person] or establishment receiving the merchandise, goods or services is located; on the total value of the transaction, when merchandise is furnished with services not included in the taxing power of the counties; shall not be imposed: on transactions transferring merchandise abroad, nor on services rendered to those abroad, assuring maintenance and utilization of the amount of tax collected in prior transactions and services; on transactions transferring to other states petroleum, including lubricants, petroleum-derived liquid and gaseous fuels and electric energy; on gold, in the situation defined in art. 153, § 5°; on performing communication services in the forms of broadcasting sounds and images with sound for free and gratuitous reception; shall not include in its assessment basis the amount of the tax on industrialized products, when the transaction between taxpayers involves a product destined for industrialization or commercialization and constitutes the taxable event for both taxes; a complementary law shall: define its taxpayers; deal with tax substitution; regulate the regime for offsetting taxes; establish the location of transactions of circulation of goods and performance of services for purposes of collection of the tax and definition of the establishment responsible; in exports abroad exclude from incidence of the tax services and products other than those mentioned in subparagraph x, a; provide for maintenance of a credit for services and merchandise sent to other states and exported abroad; regulate the way fiscal exemptions, incentives and benefits shall be granted and revoked by resolutions of the states and the federal district; define fuels and lubricants on which the tax shall be imposed only once, regardless of end use, in which case the provision in subparagraph x, b, shall not apply; fix the basis for calculation so that the tax falls on the entire amount, as well as upon the importation from abroad of the good, merchandise or service. except for the taxes dealt with in subparagraph ii of the heading of this article and in art. 153, i and ii, no other tax shall be imposed on transactions involving electric energy, telecommunication services, petroleum by-products, fuels, and minerals of the country. in the case of subparagraph xii, h, the following shall be observed: in transactions involving lubricants and fuels derived from petroleum, the tax shall be allocated to the state where the consumption occurs; in interstate operations, between taxpayers, involving natural gas and its by-products and lubricants and fuels not included in subparagraph i of this paragraph, the tax shall be divided between the states of origin and destination, maintaining the same proportion that occurs in transactions involving other merchandise; in interstate transactions involving natural gas and its by-products, and lubricants and fuels not included in subparagraph i of this paragraph, and destined to the non-taxpayer, the tax shall belong to the state of origin; the rates of the tax shall be defined by determination of the states and the federal district, in accordance with § 2°, xii, g, observing the following: they shall be uniform in all national territory, but may be differentiated by product; they may be specific by unit of measure adopted or ad valorem, levied on the value of the transaction or on the price for the product or its similar in freely competitive sales; they may be reduced and re-established, the provision of art. 150, iii, b, being inapplicable. the rules necessary for application of the provisions of § 4°, including those relating to the ascertainment and destination of the tax, shall be established by determination of the states and the federal district in accordance with § 2°, xii, g. the tax provided for in subparagraph iii: shall have minimum rates fixed by the federal senate; shall have differentiated rates in accordance with type and utilization. section v. county taxes art 156 the counties shall have the power to levy taxes on: urban buildings and land; non-gratuitous inter vivos transfers of real property, by whatever instrument, whether by natural or by physical accession, and any in rem rights to real property, except for guarantees, as well as the assignment of rights for its acquisition; services of any nature not included in art. 155, ii, as defined in a complementary law; revoked. without prejudice to the progressivity in time to which art. 182, § 4°, subparagraph ii refers, the tax provided for in subparagraph i may: be progressive in accordance with the value of the real property; and have different rates in accordance with the location and use of the real property. the tax provided for in subparagraph ii: shall not be imposed on the transfer of property or rights incorporated into the patrimony of a legal entity to pay up its capital, nor upon the transfer of property or rights stemming from merger, incorporation, spin-off or dissolution of a legal entity, unless, in such cases, the preponderant activity of the acquiring party is the purchase and sale of such property or rights, the leasing of real property or commercial leasing; goes to the county where the property is located. with respect to the tax provided for in subparagraph ii of the heading of this article, a complementary law shall: set maximum and minimum rates; exclude from its application exports of services; regulate the form and conditions as well as fiscal exemptions, incentives and benefits that shall be granted and revoked. revoked. section vi. division of tax revenues art 157 the following shall be allocated to the states and federal district: proceeds from collection of the federal tax on income and earnings of any nature, withheld from income paid, by whatever instrument, by them, their autarchies and by foundations they institute and maintain; twenty percent of the proceeds from the collection of the tax that the union institutes in the exercise of the power conferred on to it by art. 154, i. art 158 the following shall be allocated to the counties: the proceeds from the collection of the federal tax on income and earnings of any nature, withheld from income paid, by whatever instrument, by them, their autarchies and by foundations they institute and maintain; fifty percent of the proceeds from collection of the federal tax on rural property, relative to the real property situated therein, or the entire proceeds in the event [the counties] elect the option referred to in art. 153, § 4°, iii; fifty percent of the proceeds from the collection of the state tax on ownership of automotive vehicles licensed in their territory; twenty-five percent of the proceeds from the collection of the state tax on transactions of circulation of goods and on performance of services of interstate and inter-county transportation and communication. sole paragraph the revenue portions belonging to the counties as mentioned in subparagraph iv shall be credited according the following criteria: at least three-fourths, in proportion to the value added in transactions of circulation of merchandise and performing services carried out in their territories; up to one-fourth, as established by state law or, in the case of the territories, by federal law. art 159 the union shall turn over: forty-nine percent of the proceeds from the collection of taxes on income and earnings of any nature and on industrialized products, in the following manner: twenty-one and one-half percent to the revenue sharing fund of the states and the federal district; twenty-two and one-half percent to the revenue sharing fund of the counties; three percent, for application in programs to finance the productive sectors of the north, northeast and center-west regions, through their regional financial institutions, in accordance with regional development plans, with the semi-arid area of the northeast being assured half the funds intended for the region, as provided by the law; one percent to the revenue sharing fund of the counties, which shall be delivered during the first 10 days of the month of december of each year. one percent to the revenue sharing fund of the counties, which shall be delivered during the first 10 days of the month of july of each year. ten percent of the proceeds from the collection of the tax on industrialized products to the states and federal district, in proportion to the value of respective exports of industrialized products; twenty-nine percent of the proceeds from collection of the contribution for intervention in the economic domain provided for in art. 177, § 4°, to the states and the federal district, distributed as provided by law, observing the destination referred to in subparagraph ii, c, of [art. 177, § 4°]. for purposes of calculating the amount to be turned over under subparagraph i, the portion of the collection of the tax on income and earnings of any nature belonging to the states, federal district and counties according to arts. 157, i, and 158, i, shall be excluded. no unit of the federation may be allocated a share in excess of twenty percent of the amount referred to in subparagraph ii, and any excess shall be distributed among the other participants, maintaining the apportionment criteria established therein. the states shall turn over to the respective counties twenty-five percent of the funds they receive under the terms of subparagraph ii, observing the criteria established in art. 158, sole paragraph, i and ii. twenty-five percent of the amount of resources dealt with in subparagraph iii that belong to each state shall be destined for the counties, as provided by the law referred to in the mentioned subparagraph. art 160 retention or any restriction on remittance and use of the funds allocated under this section to the states, federal district and counties, including any tax additions and increases, is prohibited. sole paragraph this prohibition does not prevent the union and the states from conditioning delivery of funds: upon payment of their loans, including those of their autarchies; upon compliance with the provision of art. 198, § 2°, subparagraphs ii and iii. art 161 a complementary law shall: define the value added for purposes of art. 158, sole paragraph, i; establish rules for remittance of funds dealt with in art. 159, especially the criteria for apportionment of funds provided for in its subparagraph i, seeking to maintain socio-economic balance between states and counties; provide for monitoring by the beneficiaries of the calculation of the quotas and release of the shares provided for in arts. 157, 158 and 159. sole paragraph the tribunal of accounts of the union shall calculate the quotas referring to the participation funds mentioned in subparagraph ii. art 162 the union, the states, the federal district and the counties shall announce, by the last day of month following collection, the amounts of each of the taxes collected, the funds received, the value of the taxes remitted and to be remitted, and the numerical expression of the apportionment criteria. sole paragraph the data disclosed by the union shall be broken down by state and county, and those of the states, by county. chapter ii. public finance section i. general rules art 163 a complementary law shall provide for: public finances; the public debt, both foreign and domestic, including the debt of the autarchies, foundations and other entities controlled by the government; concession of guarantees by governmental entities; issuance and redemption of government bonds; financial supervision of the direct and indirect public administration; foreign exchange transactions carried out by agencies and entities of the union, states, federal district and the counties; compatibility of functions of the official credit institutions of the union, safeguarding the full characteristics and operating conditions of those intended for regional development. art 164 the power of the union to issue currency shall be exercised exclusively through the central bank. the central bank is prohibited from directly or indirectly granting loans to the national treasury and to any agency or entity that is not a financial institution. in order to regulate the money supply or interest rates, the central bank may purchase and sell securities issued by the national treasury. the cash balances of the union shall be deposited in the central bank; the cash balances of the states, federal district, counties, governmental agencies or entities and companies controlled by the government shall be deposited in official financial institutions, except for cases established by law. section ii. budgets art 165 laws initiated by the executive shall establish: the multi-year plan; the budgetary directives; the annual budgets. the law that institutes the multi-year plan shall establish, on a regional basis, the directives, objectives and targets of the federal public administration for capital expenditures and other expenses resulting therefrom and for those regarding continuing programs. the law of budgetary directives shall contain the targets and priorities of the federal public administration, including the capital expenses for the following fiscal year, shall guide preparation of the annual budget law, shall provide for changes in tax legislation and shall establish the investment policies for official developmental financing agencies. the executive shall publish, within thirty days after the closing of each two-month period, a report summarizing its implementation of the budget. the national, regional and sectorial plans and programs provided for in this constitution shall be prepared in accordance with the multi-year plan and shall be examined by the national congress. the annual budget law shall include: the fiscal budget for the branches of the union, their funds, agencies, and entities of direct and indirect administration, including foundations instituted and maintained by the government; the investment budget for companies in which the union directly or indirectly holds the majority of the voting capital; the social security budget, covering all entities and agencies of direct or indirect administration connected with social security, as well as funds and foundations instituted and maintained by the government. the budget bill shall be accompanied by a regionalized demonstration of the effect on revenues and expenses resulting from exemption, amnesties, remissions, subsidies and benefits of a financial, tax and credit nature. the budgets established in § 5°, i and ii, of this article, compatible with the multiyear plan, shall include among their functions reducing interregional inequalities according to population criteria. the annual budget law shall not contain any extraneous provisions that do not represent a forecast of revenues and establishment of expenses, but such prohibition does not include authorization to create supplementary appropriations and borrow money, even by anticipating revenues, as provided by law. a complementary law shall: determine the effectiveness and terms of the fiscal year, preparation and organization of the multi-year plan, the law of budgetary directives and the annual budget law; establish rules of financial and property management by the direct and indirect administration, as well as conditions for the institution and operation of funds. provide criteria for the equitable execution, as well as the procedures, that shall be adopted when there are legal and technical impediments, completion of what remains to be paid and limitations on mandatory programming, for realization of the provision in § 11° of art. 166. art 166 bills regarding the multi-year plan, budgetary directives, annual budgets and additional credits shall be examined by both chambers of the national congress in accordance with their common internal rules. a permanent joint committee of senators and deputies shall be responsible for: examining and issuing its opinion on the bills referred to in this article and on annual accounts submitted by the president of the republic; examining and issuing its opinion on the national, regional and sectorial plans and programs provided for in this constitution, and monitoring and supervising the budget, without prejudice to the activity of the other committees of the national congress and of its chambers, created in accordance with art. 58. amendments shall be submitted to the joint committee, which shall issue its opinion on them, and shall be examined, in accordance with internal rules, by the plenary session of the two chambers of the national congress. amendments to the annual budget bill or to bills that modify it may only be approved if: they are compatible with the multi-year plan and with the law of budgetary directives; they specify the necessary funds, which may only stem from elimination of expenditures, excluding those that deal with: appropriations for personnel and their indirect costs; debt servicing; constitutional tax transfers to the states, counties and federal district; or they are related: to the correction of errors or omissions; or to the provisions in the text of the bill. amendments to the budgetary directives bill may not be approved if they are incompatible with the multi-year plan. the president of the republic may send a message to the national congress proposing modification of the bills referred to in this article so long as the joint committee has not started to vote on the part for which a change is proposed. bills on the multi-year plan, budgetary directives and annual budget shall be submitted by the president of the republic to the national congress in accordance with the complementary law referred to in art. 165, § 9°. so long as they do not conflict with the provisions of this section, the other rules on legislative procedure apply to the bills mentioned in this article. any funds which, as a result of a veto, amendment or rejection of the annual budget bill, have no corresponding expenditure, may be used, as the case may be, through special or supplemental appropriations, with prior and specific legislative authorization. individual amendments to the draft of the budget law shall be approved with a limit of 1.2% (one and two-tenths percent) of the current net receipts projected in the draft sent by the executive, but half of this percentage limit shall be destined for public health actions and services. execution of the amount destined for public health actions and services provided for in § 9°, including costs, shall be computed for the purpose of performance of subparagraph i of § 2° of art. 198, prohibiting use for payment of personnel or social charges. execution of the budgetary and financial programming referred to in § 9° of this article is mandatory, in an amount corresponding to 1.2% (one and two-tenths percent) of the net current receipts collected in the prior period, in accordance with the criteria for equitable execution of programming defined in the complementary law provided for in § 9° of art. 165. execution of the budgetary programming provided for in § 9° of this article shall not be mandatory in cases of impediments of technical order. when the union's mandatory transference for execution of the programming provided for in § 11 of this article is destined for the states, federal district, and counties, such transference shall be independent of performance by the receiving federative entity and shall not be part of the basis for calculation of net current receipts for application of the limits on personnel expenses dealt with in the initial paragraph of art. 169. in case of a technical impediment to the allotment of expense that makes up the programming, in the form of § 11 of this article, the following measures shall be adopted: within 120 (one hundred-twenty days) after publication of the budget law, the executive, legislature, judiciary, public ministry and the public defender shall send to the legislature justifications for the impediment; within 30 (thirty) days after termination of the period provided for in subparagraph i, the legislature shall indicate to the executive the re-management of the programming whose impediment cannot be overcome; by the 30th of september or within 30 (thirty) days after termination of the period provided for in subparagraph iii, the executive shall send a draft of a law on re-handling the programming whose impediment cannot be overcome; if, by the 20th of november or within 30 (thirty) days after the end of the period provided for in subparagraph iii, the national congress does not consider the draft law, the re-handling shall be implemented by executive act, in accordance with the terms provided for in the budgetary law. after the period provided in subparagraph iv of § 14, execution of the budgetary programming provided in § 11 shall not be mandatory in cases of impediments justified in the notification provided for in subparagraph i of § 14. what remains to be paid shall be considered for purposes of performance of financial execution provided for in § 11, up to a limit of 0.6% (six-tenths of one percent) of the current net receipts realized in the prior fiscal period. if verified that re-estimate of receipts and expenses may result in non-compliance with the fiscal target established in the law of budgetary directives, the amount provided for in § 11 of this article may be reduced up to the same proportion of the limitation on the total of discretionary expenditures. execution of mandatory programming shall be considered equitable if it deals with the amendments presented in an egalitarian and impersonal manner, regardless of authorship. art 167 it is prohibited to: begin programs or projects not included in the annual budget law; expend funds or assume direct obligations that exceed the budgetary or additional appropriations; borrow funds in excess of the amount of capital expenses unless authorized through supplemental or special appropriations for a precise purpose, approved by an absolute majority of the legislature; bind receipt of tax revenues to an agency, fund or expenditure, except for apportionment of the proceeds from the collection of taxes referred to in arts. 158 and 159, allocation of funds for public health activities and services, for maintenance and development of education and for carrying out tax administration activities, as determined respectively in arts. 198, § 2°, 212, and 37, xxii, and guaranteeing loans by anticipating revenues provided for in art. 165, § 8°, as well as the provision of § 4° of this article; open a supplemental or special appropriation without prior legislative authorization and without indication of the respective funds; reclassify, reallocate or transfer funds from one programming category to another or from one agency to another without prior legislative authorization; grant or utilize unlimited appropriations; utilize, without specific legislative authorization, funds from the fiscal and social security budgets to satisfy a need or cover a deficit of companies, foundations and funds, including those mentioned in art. 165, § 5°; institute funds of any nature without prior legislative authorization; transfer resources voluntarily and concede loans, including by anticipation of revenues, by the federal and state governments and their financial institutions, for payment of the expenses of active, inactive and retired personnel of the states, federal district and counties; utilization of the resources stemming from social contributions dealt with in art. 195, i, a, and ii for payment of expenses other than payment of benefits for the general social security regime dealt with in art. 201. no investment whose execution extends beyond a fiscal year may be started without prior inclusion in the multi-year plan or without a law authorizing such inclusion, under penalty of an impeachable offense. special and extraordinary appropriations shall be in force in the fiscal year in which they are authorized, unless the act authorizing them is promulgated during the last four months of that fiscal year, in which case, the limits of their balances being reopened, they shall be incorporated into the budget of the subsequent fiscal year. opening of extraordinary appropriations shall only be permitted to meet unforeseeable and urgent expenses, such as those resulting from war, internal commotion or public calamity, observing the provisions of art. 62. binding one's own receipts generated by the taxes referred to in arts. 155 and 156, and of the resources dealt with in arts. 157, 158 and 159, i, a and b, and ii, is permitted as a guarantee or counter-guarantee to the union and for payment of debts owed to it. reclassification, reallocation, or transference of resources from one programming category to another shall be permissible in the area of activities of science, technology, and innovation, for the purpose of making viable the results of projects restricted to these functions, via an executive act, without need for the prior legislative authorization provided for in subparagraph vi of this article. art 168 one-twelfth of the funds corresponding to budgetary appropriations, including supplemental and special appropriations, destined for agencies of the legislature, judiciary, public ministry and the public defenders, shall be delivered to them by the twentieth day of each month, as provided for by the complementary law referred to in art. 165, § 9°. art 169 expenditures for active and inactive personnel of the union, states, federal district and counties may not exceed the limits established by complementary law. granting any advantage or increase in remuneration, creation of offices, jobs and positions or changes in career structures, as well as the admission or contracting of personnel of whatever title, by agencies and entities of direct or indirect administration, including government-created and maintained foundations, may only be accomplished: if there is a prior budgetary appropriation sufficient to cover the estimated personnel expenditures and the increases resulting therefrom; if there is a specific authorization in the law of budgetary directives, with the exception of public companies and mixed-capital companies. once the period established in the complementary law referred to in this article for adoption of the parameters provided herein has run, all remittances of federal or state funds to the states, federal district and counties that do not observe the referred to limits shall be immediately suspended. for compliance with the limits established as the basis of this article, during the period fixed in the complementary law referred to in the heading, the union, states, federal district and counties shall adopt the following measures: reduction by at least 20 percent in expenses with commission offices and positions of confidence; dismissal of non-tenured civil servants. if the measures adopted on the basis of the prior paragraph are insufficient to assure compliance with the determinations of the complementary law referred to in this article, tenured civil servants may lose their office, so long as the motivating normative act of each one of the branches specifies the functional activity or administrative agency or unit that is the object of the reduction in personnel. a civil servant who loses his office in accordance with the prior paragraph shall have a right to just compensation corresponding to one month of remuneration for each year of service. offices that are eliminated in accordance with the prior paragraphs shall be considered extinct. creation of offices, jobs or positions with equal or similar powers is prohibited for a period of four years. federal law shall provide for general rules to be obeyed for carrying out the provisions of § 4°. title vii. economic and financial order chapter i. general principles of economic activity art 170 the economic order, founded on the appreciation of the value of human labor and free enterprise, is intended to assure everyone a dignified existence, according to the dictates of social justice, observing the following principles: national sovereignty; private property; social function of property; free competition; consumer protection; environmental protection, including through differentiated treatment in accordance with the environmental impact of the products and services and the processes by which they are elaborated and rendered; reduction in regional and social inequalities; pursuit of full employment; preferential treatment for small-scale firms organized under brazilian law with their headquarters and management in the country. sole paragraph free exercise of any economic activity is assured for all, without need for any governmental authorization, except as provided by law. art 171 revoked. art 172 the law shall regulate, on the basis of national interest, foreign capital investment, granting incentives for reinvestment and regulating remittance of profits. art 173 with the exception of the cases provided for in this constitution, direct exploitation of an economic activity by the state shall only be permitted when necessary for the imperatives of national security or a relevant collective interest, as defined by law. the law shall establish the legal regime of public companies, mixed-capital companies and their subsidiaries that engage in the economic activities of production or marketing of goods or services, dealing with: their social functions and the forms of supervision by the state and by society; subjection to the same legal regime as private enterprises, including their civil, commercial, labor and tax rights and obligations; competitive bidding and contracting of works, services, purchases and transfers, observing the principles of public administration; organization and functioning of boards of directors and supervisory councils, with participation of minority shareholders; the offices, evaluation of performance and liability of administrators. public companies and mixed-capital companies may not enjoy fiscal privileges that are not extended to private sector companies. the law shall regulate the relationship of public companies with the state and with society. the law shall repress abuse of economic power seeking to dominate markets, to eliminate competition and to increase profits arbitrarily. without prejudice to the personal liability of the officers of a legal entity, the law shall establish the liability of the latter, subjecting it to penalties compatible with its nature for acts that contravene the economic and financial order and the popular economy. art 174 as the normative and regulatory agent of economic activity, the state, as provided by law, shall perform the functions of supervision, incentive-promotion and planning, the latter being binding for the public sector and advisory for the private sector. the law shall establish directives and bases for planning balanced national development, which shall incorporate and make compatible national and regional development plans. the law shall support and stimulate cooperative activity and other forms of association. the state shall favor organization of cooperatives for prospecting and placer-mining activity, taking into account protection of the environment and the socio-economic promotion of the prospectors and miners. the cooperatives referred to in the preceding paragraph shall have priority in obtaining authorizations or concessions for prospecting and mining mineral resources and deposits in areas where they are operating and in those fixed in accordance with art. 21, xxv, as provided by law. art 175 the government is responsible for providing public utility services, either directly or under regimes of concessions or permits, always through public bidding, as provided by law. sole paragraph the law shall provide for: the regime for companies that have concessions or permits to provide public utility services, the special character of their contracts and the extension thereof and conditions for lapse, supervision and termination of concessions or permits; rights of users; rate policy; obligation to maintain adequate service. art 176 mineral deposits, whether being worked or not, and other mineral resources and hydraulic energy sites constitute property distinct from the soil for the effects of exploitation or use, and belong to the union, guaranteeing to the concessionaire ownership of the output of the deposit. prospecting and mining of mineral resources and use of hydraulic sites referred to in the heading of this article may only take place through authorization or concession by the union, in the national interest, by brazilians or by companies organized under brazilian law and that have their headquarters and management in the country, as provided by law, which shall establish specific conditions when these activities take place in frontier areas or on indigenous lands. the owner of the soil is assured a share in the results of working the deposit, in the form and in the value provided for by law. prospecting authorization shall always be for a limited period, and the authorizations and concessions provided for in this article may not be assigned or transferred, either in whole or in part, without prior legal consent from the granting authority. utilization of renewable energy sites of small capacity does not require an authorization or concession. art 177 the union has a monopoly on the following: prospecting and exploitation of deposits of petroleum, natural gas and other fluid hydrocarbons; refining domestic or foreign petroleum; importation or exportation of products and basic by-products resulting from the activities set forth in the prior subparagraphs; maritime transportation of crude oil of domestic origin or of basic petroleum by-products produced in the country, as well as the pipeline transportation of crude oil, its by-products and natural gas of whatever origin; prospecting, mining, enrichment, reprocessing, industrialization or commerce in ores and nuclear minerals and their by-products, with the exception of radioisotopes whose production, marketing and utilization may be authorized under a permit regime, in accordance with subparts b and c of subparagraph xxiii of the heading of art. 21 of this federal constitution. the union may contract with state or private firms to perform the activities provided for in subparagraphs i to iv of this article, observing the conditions established by law. the law referred to in §1° shall provide for: guarantee of furnishing petroleum by-products in the entire national territory; the conditions of contracting; the structure and powers of the agency regulating the monopoly of the union. the law shall provide for the transportation and use of radioactive materials within the national territory. the law that institutes a contribution on the intervention in the economic domain relating to the activities of importation or marketing of petroleum and its by-products, natural gas and its by-products and fuel alcohol shall obey the following requirements: the rate of the contribution may be: differentiated by product or use; reduced and re-established by act of the executive, without the provision of art. 150, iii, b, being applicable; the resources collected shall be destined for: payment of subsidies for the prices or transportation of fuel alcohol, natural gas and its by-products and petroleum by-products; financing of environmental projects related to the petroleum and gas industries; financing programs of infrastructure in transportation. art 178 the law shall provide for the regulation of air, water, and land transportation, and shall observe the agreements signed by the union as to the organization of international transportation, in accordance with the principle of reciprocity. sole paragraph in regulating water transportation, the law shall establish conditions under which transportation of merchandise in the coastal trade and in internal navigation may be done by foreign vessels. art 179 the union, states, federal district and counties shall afford micro-enterprises and other small firms, as defined by law, differentiated legal treatment, seeking to stimulate them through simplification, elimination or reduction of their administrative, tax, social security and credit obligations, by means of law. art 180 the union, states, federal district and counties shall promote and grant incentives to tourism as a factor of social and economic development. art 181 compliance with a request for a document or for information of a commercial nature, made by a foreign administrative or judicial authority to an individual or legal entity residing or domiciled in the country, requires authorization from the proper governmental authority. chapter ii. urban policy art 182 the urban development policy carried out by the county governments, according to general guidelines fixed by law, is intended to order the full development of the social functions of cities and to guarantee the well-being of their inhabitants. the master plan, approved by the county legislature, which is compulsory for cities of over twenty thousand inhabitants, is the basic policy instrument of urban development and expansion. urban property performs its social function when it conforms to the fundamental requirements for the city's ordering expressed in the master plan. expropriation of urban property shall be made with prior and just compensation in cash. county governments may, by means of a specific law for areas included in the master plan, require that the owner of non-built, under-used or unused urban land provide for adequate use of such land, under penalty, successively, of: compulsory subdivision or construction; building and urban property tax rates that increase over time; expropriation with payment in public bonds, from an issue previously approved by the federal senate, redeemable in up to ten years, in equal and successive annual installments, ensuring the real value of the compensation and legal interest. art 183 an individual who possesses as his own an urban area of up to two hundred and fifty square meters, for five years without interruption or opposition, using it as his or as his family's residence, shall acquire title to such property, provided that he does not own any other urban or rural property. the deed of title and concession of use shall be granted to the man or woman, or both, regardless of their marital status. this right shall not be recognized more than once for the same holder. public lands may not be acquired by usucaptio. chapter iii. agricultural land policy and agrarian reform art 184 the union has the power to expropriate for social interest, for purposes of agrarian reform, rural property that is not fulfilling its social function, upon prior and just compensation in agrarian debt bonds, with a clause for preservation of real value, redeemable in up to twenty years, starting from the second year after issue, and whose utilization shall be defined in law. useful and necessary improvements shall be compensated in cash. the decree declaring property as being of social interest for agrarian reform purposes authorizes the union to file the expropriation action. complementary law shall establish a special summary adversary procedure for expropriation actions. the budget shall determine each year the total volume of agrarian debt bonds, as well as the amount of funds allocated to the agrarian reform program in the fiscal year. transfers of property expropriated for agrarian reform purposes are exempt from federal, state and municipal taxes. art 185 the following shall not be subject to expropriation for agrarian reform purposes: small and medium-sized rural property, as defined by law, so long as its owner does not own other property; productive property. sole paragraph the law shall guarantee special treatment for productive property and set rules for compliance with requirements for its social function. art 186 the social function is met when rural property simultaneously complies with the following requirements, in accordance with the criteria and standards prescribed by law: rational and adequate use; adequate use of available natural resources and preservation of the environment; observance of provisions regulating labor relations; exploitation that favors the well-being of owners and workers. art 187 agricultural policy shall be planned and executed as provided by law, with the effective participation of the productive sector, consisting of producers and rural workers, as well as the sectors of marketing, storage and transportation, particularly taking into account: credit and fiscal instruments; prices compatible with production costs and marketing guarantees; incentives for research and technology; technical assistance and rural extension; agricultural insurance; cooperative activity; rural electricity and irrigation systems; housing for rural workers. agricultural planning includes the activities of agro-industry, livestock, fishing and forestry. agricultural policy actions shall be made compatible with agrarian reform actions. art 188 the use to which public and vacant lands are put shall be made compatible with agricultural policy and the national agrarian reform plan. the alienation or concession, by whatever manner, of public lands with an area of more than two thousand and five hundred hectares to an individual or legal entity, even through an intermediary, needs prior approval of the national congress. alienations or concessions of public lands for agrarian reform purposes are excluded from the provision of the prior paragraph. art 189 beneficiaries of distribution of rural land under the agrarian reform shall receive deeds of title or concessions of use that are nonnegotiable for a period of ten years. sole paragraph deeds of title and concessions of use shall be granted to the man or woman, or to both, irrespective of their marital status, pursuant to the terms and conditions provided for by law. art 190 the law shall regulate and limit acquisition or leasing of rural land by foreign individuals or legal entities and shall determine which cases shall require authorization from the national congress. art 191 anyone who is not the owner of rural or urban property but possesses as his own for five uninterrupted years, without opposition, an area of land not exceeding fifty hectares in a rural zone and with his labor or that of his family makes the land productive and resides thereon, shall acquire ownership of the land. sole paragraph real public property may not be acquired by usucaptio. chapter iv. the national financial system art 192 the national financial system, structured to promote the balanced development of the country and to serve collective interests, in all its component parts, including credit cooperatives, shall be regulated by complementary laws that shall provide for, including, participation of foreign capital in the institutions of which [the national financial system] is composed. i, ii, iii (a) and (b), iv, v, vi, vii, viii; § 1°, § 2°, and § 3°. -revoked. title viii. the social order chapter i. general provisions art 193 the social order shall be founded on the primacy of labor and aimed at social well-being and justice. chapter ii. social security section i. general provisions art 194 social security consists of an integrated group of actions initiated by the government and society, designed to assure rights relating to health, social security and social assistance. sole paragraph it is the responsibility of the government, as provided by law, to organize social security, based on the following objectives: universality of coverage and attendance; uniformity and equivalence of benefits and services for urban and rural populations; selectivity and distribution in the provision of benefits and services; irreducibility of the value of the benefits; equitable participation in funding; diversity in the basis of financing; democratic and decentralized character of administration, through four-part management, with participation of workers, employers, retirees and the government through its collegial agencies. art 195 social security shall be financed by the entire society, directly and indirectly, as provided by law, through funds derived from the budgets of the union, states, federal district, and counties and from the following social contributions: from employers, firms and equivalent entities, as provided by law, incident upon: payrolls for wages and other earnings from work paid or credited, in whatever form, to individuals who render services to them, regardless of whether there is an employment link; receipts or invoices; profits; from workers, and other persons insured by social security, but not imposed upon the contribution for retirement benefits and pensions conceded under the general social security regime dealt with in art. 201; from lottery revenues; from the importer of foreign goods and services, or from a person whom the law deems equivalent thereto. the revenues of the states, federal district and counties intended for social security shall be included in their respective budgets and shall not be part of the union's budget. the proposal for the social security budget shall be prepared jointly by the agencies responsible for health, social security and social assistance, taking into account goals and priorities established in the law of budgetary directives, assuring each area management of its funds. a legal entity owing money to the social security system, as established by law, may not contract with the government nor receive benefits or fiscal or credit incentives therefrom. the law may institute other sources in order to guarantee maintenance or expansion of social security, observing the provisions of art. 154, i. no social security benefit or service may be created, increased or extended without a corresponding source of full funding. the social contributions dealt with in this article may be collected only ninety days after the publication date of the law that instituted or modified them, and the provisions of art. 150, iii, b shall not apply to them. charitable entities of social assistance complying with the requirements established by law are exempt from social security contributions. rural producers, joint venturers, sharecroppers, and self-employed fishermen, as well as their respective spouses, who conduct their activities as a family enterprise, without permanent employees, shall contribute to social security by applying a rate to the proceeds from marketing their production and shall be entitled to benefits, as provided by law. the social contributions provided for in subparagraph i of the heading of this article may have differentiated rates or bases of calculation in accordance with economic activity, intensive utilization of manpower, the size of the firm or the structural condition of the labor market. the law shall define the criteria for transference of resources for the unified system of health and social assistance actions of the union for the states, federal district and counties, and of states for counties, observing the respective counterparts of the resources. concession of remission or amnesty for social contributions dealt with in subparagraphs i, a, and ii of this article is prohibited for debts in amounts greater than that fixed by complementary law. the law shall define sectors of economic activity so that the contributions levied in subparagraphs i, b; and iv of the heading shall be non-cumulative. the provision of § 12° applies in the event of gradual, total or partial substitution, of the contribution levied in the form of subparagraph i, a, upon receipt or [issuance of an] invoice. section ii. health art 196 health is the right of all and the duty of the national government and shall be guaranteed by social and economic policies aimed at reducing the risk of illness and other maladies and by universal and equal access to all activities and services for its promotion, protection and recovery. art 197 health activities and services are of public importance, and it is the government's responsibility to provide, in accordance with the law, for their regulation, supervision and control. such activities and services shall be carried out directly or through third parties and also by individuals or legal entities of private law. art 198 public health activities and services are part of a regionalized and hierarchical network and constitute a unified system, organized in accordance with the following directives: decentralization, with a single management in each sphere of government; full service, giving priority to preventive activities, without prejudice to treatment services; community participation. the unified health system shall be financed, in the terms of art. 195, with funds from the social security budget of the union, states, federal district and counties, as well as other sources. the union, states, federal district and counties shall apply annually in public health activities and services a minimum of the funds derived from the application of percentages calculated on: in the case of the union, the net current receipts from the respective fiscal period may not be less than 15% (fifteen percent). in the case of the states and the federal district, the amount of tax collections referred to in art. 155 and the funds dealt with in arts. 157 and 159, subparagraph i, a, and subparagraph ii, deducting the amounts transferred to the respective counties; in the case of the counties and the federal district, the amount of tax collections referred to in art. 156 and the funds dealt with in arts. 158 and 159, subparagraph i, b, and § 3°. complementary law, which shall be reevaluated at least every five years, shall establish: the percentages dealt with in subparagraphs ii and iii of § 2°; the criteria for allocating the resources of the union linked to health destined for the states, federal district and the counties, and from the states destined to their respective counties, with the goal of progressive reduction in regional disparities; the rules for supervision, evaluation and control of health expenses in the federal, state, district and county spheres; repealed. local managers of the unified health system shall admit community health agents and agents for combat of endemic diseases through a public selection procedure, in accordance with the nature and complexity of their powers and specific requirements for their functioning. federal law shall provide for the legal regime, national professional minimum salary, directives for the career plans and regulation of the activities of community health agents and agents for endemic disease control, with the union, in accordance with the law, rendering complementary financial assistance to the states, the federal district, and the counties, for performance of the referred to minimum salary. in addition to the cases provided for in §1° of art. 41 and §4° of art. 169 of the federal constitution, employees who exercise functions equivalent to community health agents or agents for combat of endemic diseases may lose their posts for noncompliance with specific requirements, fixed by law, for such exercise. art 199 health care is open to private enterprise. private institutions may participate on a supplementary basis in the unified health system, according to its directives, by means of contracts or agreements of public law, with a preference for philanthropic and non-profit entities. allocation of public funds to aid or to subsidize for-profit private institutions is prohibited. direct or indirect participation of foreign firms or capital in health assistance in the country is prohibited, except for cases provided by law. the law shall provide for the conditions and requirements to facilitate removal of human organs, tissues, and substances for transplants, research and treatment, as well as collection, processing and transfusion of blood and its by-products, forbidding all types of commercialization. art 200 the unified health system, in addition to other duties, as provided by law, shall: control and supervise procedures, products and substances of interest to health and participate in production of medicines, equipment, immuno-biological products, blood by-products and other inputs; perform supervisory sanitary and epidemiological supervisory activities, as well as those relating to workers' health; organize training of human resources in the health area; participate in the formulation of basic sanitation policy and performance of activities relating thereto; increase scientific, technological, and innovative development within its sphere of action; supervise and inspect foodstuffs, including control of their nutritional contents, as well as drinks and water for human consumption; participate in the control and inspection of production, transportation, storage and use of psychoactive, toxic and radioactive substances and products; collaborate in environmental protection, including that of the work place. section iii. social security art 201 social security shall be organized in the form of a general regime, characterized by contributions and mandatory affiliation, observing the criteria that preserve the financial and actuarial equilibrium, and shall provide for, as defined by law: coverage of the events of illness, disability, death and advanced age; maternity protection, especially for pregnant women; protection for the involuntarily unemployed; family allowance and confinement aid for dependents of insured persons with low incomes; a pension for the death of an insured man or woman, for the spouse or companion, and dependents, obeying the provision of § 2°. adoption of differentiated requirements and criteria for the concession of retirement benefits in the general regime of social security is prohibited, except for activities under special conditions that prejudice health or physical integrity and for insureds who are handicapped, as defined by complementary law. no benefit that replaces the contribution salary or earnings from labor of the insured shall have a monthly value lower than the minimum wage. all contribution salaries included in the calculation of benefits shall be duly updated, as provided by law. readjustment of benefits to maintain their real value permanently is assured according to criteria defined by law. a person participating in his or her own social security regime is prohibited from affiliating with the general social security regime as an optional insured. the christmas bonus of retirees and pensioners shall be based on the value of earnings in the month of december of each year. retirement in the general social security regime is assured, as provided by law, obeying the following conditions: contributions for thirty-five years if male, and thirty years, if female; age sixty-five, if male, and age sixty, if female, this age limit being reduced by five years for rural workers of both sexes and for those who perform their economic activities with their family, including rural producers, placer miners and self-employed fishermen. the requirements referred to in subparagraph i of the prior paragraph shall be reduced by five years for teachers who dedicated themselves exclusively to the effective performance of teaching functions in pre-elementary, elementary and secondary education. for retirement purposes, one is assured that periods of contribution in public administration and in private activity, both rural and urban, shall be taken into account on a reciprocal basis, in which case the various social security systems shall financially compensate themselves, according to criteria established by law. the law shall regulate covering of risks of work accidents, which shall be provided for concurrently by the general social security regime and by the private sector. habitual earnings of the employee, of whatever nature, shall be included in salary for the purposes of social security contributions and consequent repercussion on benefits, in the cases and manner provided by law. a law shall provide for a special system for including in social security low-income workers and those with no income of their own who dedicate themselves exclusively to domestic work within their homes, provided that they are members of low-income families, guaranteeing them access to benefits equal to one minimum wage. the special system for including in social security dealt with in § 12° of this article shall have lower rates and forfeitures than those prevailing for others insured by the general regime of social security. art 202 the private social security regime, in a supplementary manner and organized autonomously from the general social security regime, shall be optional, based upon the constitution of reserves that guarantee the contracted benefits, and regulated by a complementary law. the complementary law dealt with in this article shall assure participants in private social security entities full access to information relating to management of their respective plans. employer contributions, benefits and contractual conditions provided for in the bylaws, regulations and benefit plans of private social security entities shall not be integrated into the participants' labor contracts, nor shall they be integrated into the participants' remuneration, with the exception of conceded benefits, as provided by law. the funding of private social security entities by the union, states, federal district and counties, their autarchies, foundations, public firms, mixed-capital companies and other public entities is prohibited, except in their capacity as a sponsor. in such situation, in no case may its normal contribution exceed that of the insured. a complementary law shall regulate the relationships among the union, states, federal district or counties, including their autarchies, foundations, mixed-capital companies and firms controlled directly or indirectly, when sponsors of closed private social security entities and their respective closed social security entities. a complementary law dealing with the prior paragraph shall be applied, when proper, to private firms holding permits or concessions for providing public services, when sponsors of closed social security entities. the complementary law referred to in § 4 of this article shall establish the requirements for designation of officers of closed private social security entities and shall regulate the enrollment of participants in collegial groups and instances of decision in which their interests are the objects of discussion and deliberation. section iv. social assistance art 203 social assistance shall be provided to those who need it, regardless of contributions to social security, and shall have the following objectives: protection of the family, maternity, childhood, adolescence and old age; support of needy children and adolescents; promotion of integration into the labor force; training and rehabilitation of the handicapped and promotion of their integration into the community; guarantee of a monthly benefit of one minimum wage to the handicapped and elderly who prove that they are without means to provide for their own support or having it provided by their family, as provided by law. art 204 government actions in the social assistance area shall be implemented with funds from the social security budget, as provided for in art. 195, along with other sources, and shall be organized on the basis of the following directives: political and administrative decentralization, with responsibility for coordination and general rules falling within the federal sphere and coordination and execution of respective programs falling within the state and county spheres, as well as upon charitable and social assistance entities; participation of the population, by means of representative organizations, in the formulation of policies and in the control of actions taken at all levels. sole paragraph states and the federal district may bind up to five-tenths of one percent of net tax receipts for support of the program for social inclusion and promotion, but these resources may not be used for payment of: the expenses of personnel and social charges; debt service; any other current expense not linked directly to the supported investments or actions. chapter iii. education, culture and sports section i. education art 205 education, which is the right of all and the duty of the national government and family, shall be promoted and encouraged with societal collaboration, seeking the full development of the individual, preparation for the exercise of citizenship and qualification for work. art 206 teaching shall be provided on the basis of the following principles: equality of conditions for access to and remaining in school; freedom to learn, teach, research and express thoughts, art and knowledge; pluralism of ideas and pedagogical concepts, and the coexistence of public and private teaching institutions; free public education in official establishments; valorization of teaching professionals, guaranteeing, as provided by law, career plans, with admittance of public school teachers exclusively by public competitive examinations and professional credentials; democratic administration of public teaching, as provided by law; guarantee of standards of quality. a national professional base salary for public school professionals, in accordance with federal law. sole paragraph the law shall provide for the categories of workers considered elementary education professionals and for determination of the period for establishment or conformity of their career plans for the union, states, federal district and counties. art 207 universities enjoy autonomy with respect to didactic, scientific and administrative matters, as well as autonomy in financial and patrimonial management, and shall comply with the principle of the inseparability of teaching, research and extension. universities are permitted to hire foreign professors, technicians and scientists as provided by law. the provisions of this article shall apply to institutions of scientific and technological research. art 208 the national government's duty towards education shall be effectuated through the guarantees of: free, compulsory elementary education from 4 (four) to 17 (seventeen) years, including assurance that it will be offered gratuitously for all who did not have access to it at the proper age; progressive universalization of gratuitous secondary school education; special educational assistance for the handicapped, preferably within the regular school system; early education in nurseries and pre-school for children up to 5 (five) years of age; access to higher levels of education, research and artistic creation, according to individual capacity; provision of regular night courses adequate to the student's condition; educational assistance in all stages of basic education by means of supplemental programs of school books, teaching materials, transportation, nutrition and health care. access to compulsory and free education is a subjective public right. the government's failure to offer compulsory education or offering it irregularly implies liability on the part of the competent authority. the government has the responsibility to conduct a census of elementary school students, to take attendance, and to make sure, jointly with parents or guardians, that students attend school. art 209 education is open to private enterprise, observing the following conditions: compliance with the general rules of national education; authorization and evaluation of quality by the government. art 210 minimum curricula shall be established for elementary education so as to assure a common basic education and respect for national and regional cultural and artistic values. religious education shall be an optional course during normal school hours in public elementary schools. regular elementary education shall be given in the portuguese language, also assuring to indigenous communities the use of their native languages and their own learning procedures. art 211 the union, states, federal district and counties shall collaborate in organizing their educational systems. the union shall organize the federal education system and that of the territories, shall finance the institutions of federal public education, and shall exercise a redistributive and supplementary function in educational matters, so as to guarantee equalization of educational opportunities and a minimum standard of educational quality through technical and financial assistance to the states, federal district, and counties. the counties shall act on a priority basis in elementary and pre-elementary education. the states and federal district shall act on a priority basis in elementary and secondary education. in the organization of their educational systems, the union, states, federal district, and counties shall define forms of collaboration, in order to assure the universality of compulsory education. elementary public education shall give priority to regular teaching. art 212 the union shall apply annually not less than eighteen percent of its tax revenues, and the states, federal district and counties at least twenty-five percent of their tax revenues, including revenues resulting from transfers, for maintenance and development of education. for the purposes of the calculation provided for in this article, the share of tax revenues transferred from the union to the states, federal district and counties, or from the states to their respective counties, shall not be considered as revenues of the government making the transfer. for purposes of complying with the heading of this article, the federal, state and county educational systems and funds employed pursuant to art. 213 shall be taken into account. in the distribution of public funds, priority shall be assured to meeting the needs of compulsory education, where it refers to universality, a guarantee of the standard of quality and equity, in the terms of the national educational plan. the supplemental food and health assistance programs provided for in art. 208, vii, shall be financed with funds derived from social contributions and other budgetary funds. basic public education shall have as an additional source of financing the educational salary assessment, collected from companies, as provided by law. state and municipal shares from collection of the educational salary assessment shall be distributed in proportion to the number of students matriculated in basic education in their respective systems of public education. art 213 public funds shall be allocated to public schools, and may be directed to community, religious and philanthropic schools, as defined by law, that: prove that they are non-profit and apply their surplus funds in education; ensure that their patrimony will be transferred to another community, philanthropic or religious school, or to the government, in the event they cease their activities. the funds dealt with in this article may be used for elementary and secondary school scholarships, as provided by law, for those who show that they have insufficient funds, whenever there are no places or regular courses in the public school system in the locale where the student resides, placing the government under an obligation to invest, on a priority basis, in expansion of the public school system in that locale. activities of research, extension, and stimulation and promotion of innovation performed by universities and/or institutions of professional or technological education may receive financial support from the government. art 214 the law shall establish a national educational plan, with a ten year duration, designed to articulate a national educational system in a regime of collaboration and to define the directives, objectives, goals and strategies for implementation in order to assure the maintenance and development of teaching at various levels, stages and modalities by means of integrated actions by the public powers of the different federative spheres in which it is conducted: eradication of illiteracy; universal school attendance; improvement of the quality of teaching; vocational training; humanistic, scientific and technological promotion of the country. establishment of a goal for application of public resources in education as a percentage of gross domestic product. section ii. culture art 215 the national government shall guarantee to all full exercise of cultural rights and access to sources of national culture, and shall support and grant incentives for appreciation and diffusion of cultural expression. the national government shall protect expressions of popular, indigenous and afro-brazilian cultures and those of other participant groups in the process of national civilization. the law shall provide for establishing highly significant commemorative dates for various national ethnic segments. the law shall establish a national cultural plan, of multi-year duration, seeking the cultural development of the country and the integration of public actions that lead to: defense and valorization of brazilian cultural patrimony; the production, promotion and diffusion of cultural goods; formation of qualified personnel for the multiple dimensions of cultural management; democratization of access to cultural goods; valorization of ethnic and regional diversity. art 216 brazilian cultural heritage includes material and immaterial goods, taken either individually or as a whole, that refer to the identity, action and memory of the various groups that form brazilian society, including: forms of expression; modes of creating, making and living; scientific, artistic and technological creations; works, objects, documents, buildings and other spaces intended for artistic-cultural manifestations; urban complexes and sites with historical, landscape, artistic, archeological, paleontological, ecological and scientific value. the government, with the collaboration of the community, shall promote and protect brazilian cultural heritage by inventories, registries, surveillance, monument protection decrees, expropriation and other forms of precaution and preservation. it is the responsibility of public administration, as provided by law, to maintain governmental documents and take measures to make them available for consultation by those that need to do so. the law shall establish incentives for production and knowledge of cultural property and values. damages and threats to the cultural patrimony shall be punished, as provided by law. all documents and sites bearing historical reminiscences of the old hideouts for fugitive slaves are declared to be historical monuments. states and the federal district may bind up to five-tenths of one percent of their net tax receipts from the state fund for cultural development for financing cultural programs and projects, but these resources may not be used for payment of: personnel expenses and social charges; debt service; any other current expense not linked directly to the supported investments or actions. art 216-a the national system of culture, organized as a collaborative regime, in a decentralized and participative form, institutes a process of joint development and promotion of public policies of culture. these democratic and permanent policies, agreed to among the entities of the federation and society, have the objective of promoting human, social and economic development with full exercise of cultural rights. the national system of culture is based upon a national policy of culture and its directives, set out in the national plan of culture, and shall be governed by the following principles: diversity of cultural expressions; universality of access to cultural goods and services; encouragement of the production, diffusion and circulation of cultural knowledge and goods; cooperation between the federated entities and the public and private actors operating in the cultural area; integration and interaction in the execution of developed policies, programs, projects and actions; complementation of the roles of cultural actors; transversality in cultural policies; autonomy of federated entities and the institutions of civil society; transparency and sharing of information; democratization of the decision-making process with social participation and control; articulated and agreed to decentralization in administration, resources, and actions; progressive increasing of the resources contained in public budgets for culture. the structure of the national system of culture, in the respective spheres of the federation, consists of: administrative organs of culture; councils of cultural policy; cultural conferences; inter-administrative committees; cultural plans; cultural financial systems; systems of cultural information and culture indicators; formative programs in the cultural area; cultural sectorial systems. federal law shall provide for the regulations for the national system of culture, as well as for its articulation with respect to the other national systems or sectorial policies of the government. the states, the federal district, and the counties shall organize their respective systems of culture in their own laws. section iii. sports art 217 it is the duty of the state to foster formal and informal sporting activities as each individual's right, observing: autonomy, as to their organization and operation, of entities and associations controlling sports; allocation of public funds for promotion, on a priority basis, of educational sports and, in specific cases, high return sports; differentiated treatment for professional and non-professional sports; protection of and granting incentives to nationally created sports. the judiciary shall only hear legal actions relating to sports regulation and competitions after exhaustion of remedies in sports tribunals, as regulated by the law. the sports tribunals shall render final decisions within a maximum period of sixty days from the date of filing the action. the government shall encourage leisure as a means of social promotion. chapter iv. science, technology, and innovation art 218 the state shall promote and give incentives to scientific development, research, scientific and technological training, and innovation. basic scientific research and technology shall receive priority treatment from the state, taking into account public well-being and progress in science, technology, and innovation. technological research shall be oriented principally towards solution of brazilian problems and towards development of national and regional productive systems. the state shall support human resources training in the areas of science, research, technology, and innovation, including by means of support for technological extension activities, and shall offer those engaged in such activities special means and conditions of work. the law shall support and foster firms that invest in research, in creation of technology appropriate for the country, and in training and improvement of their human resources and that adopt compensation systems that assure employees, apart from their salary, participation in the economic gains resulting from the productivity of their labor. the states and federal district may allocate part of their budgetary receipts to public entities for promotion of education and scientific and technological research. in the execution of the activities provided for in the heading of this article, the state shall stimulate articulation among entities, as much public as private, in the diverse spheres of government. the state shall promote and give incentives for performance abroad by public institutions of science, technology, and innovation, with a view towards execution of the activities provided for in the heading of this article. art 219 the domestic market comprises part of the national patrimony and shall be encouraged to make viable cultural and socio-economic development, the well-being of the population and the technological autonomy of brazil, as provided by federal law. art 219-a the union, states, federal district and counties shall be able to sign instruments of cooperation with public agencies and entities and with private entities, including for sharing of specialized human resources and installed capacity, for the execution of projects of research, scientific and technological development, and innovation, through counterpart financing and financing not assumed by the beneficiary entity, in the terms of the law. art 219-b the national system of science, technology, and innovation (sncti) shall be organized under a regime of collaboration among entities, as much public as private, with a view towards promotion of scientific and technological development and innovation. federal law shall provide for the general rules of sncti. the states, federal district, and counties shall legislate concurrently as to its peculiarities. chapter v. social communication art 220 the expression of thoughts, creation, speech and information, through whatever form, process or vehicle, shall not be subject to any restrictions, observing the provisions of this constitution. no law shall contain any provision that may constitute an impediment to full freedom of the press, in any medium of social communication, observing the provisions of art. 5°, iv, v, x, xiii and xiv. any and all censorship of a political, ideological and artistic nature is forbidden. it is the province of federal law to: regulate public entertainment and shows, and it is the responsibility of the government to advise about their nature, the ages for which they are not recommended and the locales and times unsuitable for their exhibition; establish legal measures that afford individuals and families the opportunity to defend themselves against radio and television programs or schedules that contravene the provisions of art. 221, as well as against commercials for products, practices and services that may be harmful to health and the environment. commercial advertising of tobacco, alcoholic beverages, pesticides, medicine and therapies shall be subject to legal restrictions, in the terms of subparagraph ii of the preceding paragraph, and shall contain, whenever necessary, warnings about harms caused by their use. the media of social communication may not, directly or indirectly, be subject to monopoly or oligopoly. publication of printed means of communication shall not require a license from any authority. art 221 production and programming by radio and television stations shall comply with the following principles: preference for educational, artistic, cultural and informational purposes; promotion of national and regional culture and fostering any independent production aimed at its dissemination; regionalization of cultural, artistic and journalistic production, according to percentages established by law; respect for ethical and social values of the individual and family. art 222 ownership of firms of journalism and broadcasting of sounds and images with sounds is restricted to native-born brazilians or those naturalized for more than ten years, or to legal entities organized under brazilian law and having their headquarters in the country. in either case, at least seventy percent of the total capital and voting capital of firms of journalism and broadcasting of sounds and images with sounds must be owned, directly or indirectly, by native-born brazilians or those naturalized for more than ten years, who must manage the activities and determine the programming content. in any means of social communication, editorial responsibility and the activities of selecting and directing programming are restricted to native-born brazilians or those naturalized for more than ten years. irrespective of the technology utilized for rendering the service, electronic means of social communication shall observe the principles enunciated in art. 221, in the form of a specific law, that shall also guarantee the priority of brazilian professionals in the execution of national productions. participation of foreign capital in the firms dealt with in § 1° shall be regulated by law. changes in controlling shareholders in the firms dealt with in § 1° shall be communicated to the national congress. art 223 the executive has the power to grant and renew concessions, permits and authorizations for the services of broadcasting sounds and images with sounds, observing the principle of the complementary roles of private, public and state systems. the national congress shall consider such acts within the time period of art. 64, §§ 2° and 4°, starting from the date of receipt of the message. non-renewal of concessions or permits requires approval by at least a two-fifths nominal vote of the national congress. grants or renewals shall be legally effective only after consideration by the national congress, in accordance with the preceding paragraphs. cancellation of a concession or permit prior to its expiration date requires a judicial decision. the term of a concession or permit shall be ten years for radio stations and fifteen years for television stations. art 224 for the purposes of the provisions of this chapter, the national congress shall institute, as an auxiliary agency, the social communications council, as provided by law. chapter vi. the environment art 225 everyone has the right to an ecologically balanced environment, which is a public good for the people's use and is essential for a healthy life. the government and the community have a duty to defend and to preserve the environment for present and future generations. to assure the effectiveness of this right, it is the responsibility of the government to: preserve and restore essential ecological processes and provide for ecological management of species and ecosystems; preserve the diversity and integrity of the country's genetic patrimony and to supervise entities dedicated to research and manipulation of genetic material; define, in all units of the federation, territorial spaces and their components that are to be specially protected, with any change or suppression permitted only through law, prohibiting any use that compromises the integrity of the characteristics that justify their protection; require, as provided by law, a prior environmental impact study, which shall be made public, for installation of works or activities that may cause significant degradation of the environment; control production, commercialization and employment of techniques, methods and substances that carry a risk to life, the quality of life and the environment; promote environmental education at all levels of teaching and public awareness of the need to preserve the environment; protect the fauna and the flora, prohibiting, as provided by law, all practices that jeopardize their ecological functions, cause extinction of species or subject animals to cruelty. those who exploit mineral resources are obligated to restore any environmental degradation, in accordance with technical solutions required by the proper governmental agencies, as provided by law. conduct and activities considered harmful to the environment shall subject the violators, be they individuals or legal entities, to criminal and administrative sanctions, irrespective of the obligation to repair the damages caused. the brazilian amazonian forest, the atlantic forest, the serra do mar, the pantanal of mato grosso, and the coastal zone are part of the national patrimony, and they shall be utilized, as provided by law, under conditions assuring preservation of the environment, including use of natural resources. lands necessary to protect natural ecosystems, which are vacant or which have reverted to the states through discriminatory actions, are inalienable. power plants with nuclear reactors shall be located as defined in federal law and may not be installed otherwise. for purposes of the provision in the final part of subparagraph vii of § 1º of this article, sporting practices that utilize animals shall not be considered cruel as long as they are cultural manifestations, in conformity with §1° of art. 215 of this federal constitution, registered as a good of immaterial nature that is part of brazilian cultural patrimony, which should be regulated by a specific law that assures the well-being of the involved animals. chapter vii. family, children, adolescents, youths, and elderly art 226 the family, which is the foundation of society, shall enjoy special protection from the state. marriage is civil, and the marriage ceremony is free of charge. religious marriage has civil effects, as provided by law. for purposes of state protection, a stable union between a man and a woman is recognized as a family unit, and the law shall facilitate conversion of such unions into marriage. the community formed by either parent and his or her descendants is also considered a family unit. the rights and duties of the conjugal society shall be exercised equally by men and women. a civil marriage may be dissolved by divorce. based upon the principles of human dignity and responsible parenthood, couples are free to decide on family planning; it is incumbent upon the state to provide educational and scientific resources for the exercise of this right, prohibiting any coercion on the part of official or private institutions. the state shall assure assistance to the family in the person of each of its members and shall create mechanisms to suppress violence within the family. art 227 it is the duty of the family, the society and the government to assure children, adolescents, and youths, with absolute priority, the rights to life, health, nourishment, education, leisure, professional training, culture, dignity, respect, liberty and family and community harmony, in addition to safeguarding them against all forms of negligence, discrimination, exploitation, violence, cruelty and oppression. the government shall promote full health assistance programs for children, adolescents, and youths, permitting participation by non-governmental entities and obeying the following precepts: allocation of a percentage of public health funds to assist mothers and infants; creation of preventive and specialized care programs for the physically, sensorially or mentally handicapped, as well as programs of social integration for handicapped adolescents or youths, through job training and community living, and facilitation of access to public facilities and services by eliminating prejudices and architectural obstacles. the law shall provide standards for construction of public sites and buildings and manufacturing of public transportation vehicles in ways that guarantee appropriate access to the handicapped. the right to special protection shall encompass the following aspects: a minimum age of fourteen years to be allowed to work, observing the provisions of art. 7°, xxxiii; guarantee of social security and labor rights; guarantee of access to school for the adolescent and youth worker; guarantee of full and formal understanding of the charges of an infraction, equality with respect to the procedural phase and technical defenses by qualified professionals, according to the provisions of specific protective legislation; compliance with the principles of brevity, exceptionality and respect for the particular condition of being a developing individual when applying any liberty-depriving measure; government encouragement, through legal assistance, fiscal incentives and subsidies, as provided by law, for protection through guardianship of orphaned or abandoned children or adolescents; prevention and specialized treatment programs for children, adolescents, and youths addicted to narcotics and related drugs. the law shall severely punish abuse of, violence towards, and sexual exploitation of children and adolescents. adoption shall be assisted by the government, as provided by law, which shall establish the cases and conditions under which foreigners may adopt. regardless of whether born in or out of wedlock or adopted, children shall have the same rights and qualifications, prohibiting any discrimination with respect to filiation. in attending to the rights of children and adolescents, the provisions of art. 204 shall be taken into consideration. the law shall establish: the statute of youth, designed to regulate the rights of youths; the national youth plan for a ten-year period, seeking the articulation of various spheres of governmental power for the execution of public policies. art 228 minors under eighteen years of age are not criminally responsible, subject to rules of special legislation. art 229 parents have a duty to assist, raise and educate their minor children, and children of age have a duty to help and support their parents in old age, need or sickness. art 230 the family, society and the state have a duty to assist the elderly, assuring their participation in the community, defending their dignity and well-being, and guaranteeing their right to life. support programs for the elderly shall be carried out preferably in their homes. those over sixty-five years of age are guaranteed free urban public transportation. chapter viii. indians art 231 the social organization, customs, languages, creeds and traditions of indians are recognized, as well as their original rights to the lands they traditionally occupy. the union has the responsibility to delineate these lands and to protect and ensure respect for all their property. lands traditionally occupied by indians are those on which they live on a permanent basis, those used for their productive activities, those indispensable for the preservation of environmental resources necessary for their well-being and those necessary for their physical and cultural reproduction, according to their uses, customs and traditions. the lands traditionally occupied by indians are destined for their permanent possession, and they shall be entitled to the exclusive usufruct of the riches of the soil, rivers and lakes existing thereon. utilization of water resources, including their energy potential, and prospecting and mining of mineral wealth on indigenous lands may only be done with the authorization of the national congress, after hearing from the communities involved, which shall be assured of participation in the results of the mining, as provided by law. the lands dealt with in this article are inalienable and nontransferable, and the statute of limitations does not run against rights thereto. removal of indigenous groups from their lands is prohibited except by referendum of the national congress, in the event of a catastrophe or epidemic that places the population at risk or in the interest of national sovereignty, after deliberation of the national congress, guaranteeing, under all circumstances, immediate return as soon as the risk ceases. acts aimed at the occupation, dominion and possession of the lands referred to in this article, or at exploitation of the natural wealth of the soil, rivers and lakes existing thereon, are null and void, producing no legal effects, except in the case of important public interest of the union, according to the provisions of a complementary law; such nullity and extinction of acts shall not give rise to a right to compensation or to sue the union, except, as provided by law, for improvements resulting from occupation in good faith. the provisions of art. 174, §§ 3° and 4° do not apply to indigenous lands. art 232 indians, their communities and their organizations have standing to sue to defend their rights and interests, with the public ministry intervening at all stages of the proceedings. title ix. general constitutional provisions art 233 revoked. art 234 the union is prohibited from assuming, directly or indirectly, as a result of creation of a state, charges related to expenses with inactive personnel and charges and amortization of domestic and foreign debts of the public administration, including the indirect administration. art 235 during the first ten years after creation of a state, the following basic rules shall be observed: the legislative assembly shall be made up of seventeen deputies if the population of the state is less than six hundred thousand inhabitants, and of twenty-four representatives, if the population is equal to or greater than this number, up to one million and five hundred thousand inhabitants; the government shall have no more than ten departments; the tribunal of accounts shall have three members, appointed by the elected governor, from among brazilians of proven good reputation and notable knowledge; the tribunal of justice shall have seven justices; the first justices shall be appointed by the elected governor, chosen in the following manner: five from among judges more than thirty-five years old, presiding within the area of the new state or of the state which gave rise to the new state; two from among public prosecutors, under the same conditions, and attorneys of proven good reputation and legal knowledge, with at least ten years of professional practice, obeying the procedures set out in the constitution; in the case of a state created from a federal territory, the first five justices may be chosen from among professional judges from any part of the country; the initial state court judges, public prosecutors, and public defenders in each judicial district shall be appointed by the elected governor after public competitive examinations and comparison of professional credentials; until promulgation of the state constitution, positions in the state's procuracy-general, advocacy-general, and defender-general's office, shall be held by lawyers of notable knowledge, at least thirty-five years of age, appointed by the elected governor and removable at will; if the new state results from transformation of a federal territory, transfer of financial charges from the union for payment of opting civil servants who belonged to the federal administration shall take the following form: in the sixth year after its creation, the state shall assume twenty percent of the financial charges of paying the civil servants, with the balance remaining the responsibility of the union; in the seventh year, the state shall assume another thirty percent, and, in the eighth year, the remaining fifty percent; the appointments subsequent to the first appointments for the offices referred to in this article shall be regulated by the state constitution; budgetary expenses for personnel may not exceed fifty percent of the state's revenues. art 236 notarial and registry services shall be exercised by privately upon delegation from the government. the law shall regulate the activities, discipline the civil and criminal liability of notaries, registrars and their agents and define supervision of their acts by the judiciary. federal law shall establish general rules for fixing fees for notarial and registration services. becoming a notary public or registrar depends on public competitive examinations and comparison of professional credentials. no office may remain vacant for more than six months without opening a public competition to fill it, either by approval of a new entrant or a transferee. art 237 the finance ministry shall exercise the supervision and control over foreign trade, which is essential to the defense of national fiscal interests. art 238 the law shall organize the sale and resale of petroleum fuels, fuel alcohol and other fuels derived from renewable raw materials, respecting the principles of this constitution. art 239 the revenues from contributions to the program of social integration created by complementary law n°. 7 of september 7, 1970, and to the program for the formation of the patrimony of civil servants created by complementary law n°. 8 of december 3, 1970, shall finance the unemployment insurance program and the bonus referred to in § 3° of this article, starting from the date of the promulgation of this constitution. at least forty percent of the funds referred to in the heading of this article shall be allocated to finance economic development programs through the national bank of economic and social development (bndes), with criteria for remuneration that preserve their value. the assets accumulated in the program of social integration and the program for the formation of patrimony of civil servants shall be preserved, maintaining the criteria for withdrawal in the situations provided for in specific laws, with the exception of withdrawal because of marriage, prohibiting distribution of the revenues referred to in the heading of this article for deposit in the individual accounts of participants. employees who receive monthly compensation of up to two minimum wages from employers contributing to the program of social integration or to the program for the formation of patrimony of civil servants are assured payment of one annual minimum wage, which shall include the income from the individual accounts, in the case of those who have already participated in such programs before the date of promulgation of this constitution. funding for the unemployment insurance program shall receive an additional contribution from any company whose labor force turnover exceeds the average turnover rate of the sector, as provided by law. art 240 the present compulsory contributions by employers on their payrolls, destined for private entities of social service and professional training linked to the syndicalist system, are excluded from the provisions of art. 195. art 241 the union, states, federal district and counties shall regulate by law public consortiums and cooperation agreements among the federative entities, authorizing the associated management of public services, as well as the total or partial transference of duties, services, personnel and goods essential to the continuity of the transferred services. art 242 the principle of art. 206, iv, does not apply to official educational institutions created by state or county law, in existence on the date of promulgation of this constitution, and that are not totally or preponderantly maintained with public funds. teaching of brazilian history shall take into account the contribution of different cultures and ethnic groups in the formation of the brazilian people. the school of pedro ii, located in the city of rio de janeiro, shall be maintained in the federal sphere. art 243 rural and urban properties in any region of brazil on which illegal cultivation of psychotropic plants or the exploitation of slave labor, as provided by law, are found shall be expropriated and destined for agrarian reform and programs of popular housing, without any compensation to the owner and without prejudice to other sanctions provided by law, observing, to the extent applicable, the provisions of art. 5. sole paragraph any and all goods of economic value seized as a result of traffic in narcotics and similar drugs and the exploitation of slave labor shall be confiscated and shall revert to a special fund with a specific destination, as provided by law. art 244 the law shall provide for adaptation of public sites and buildings and of existing public transportation vehicles, so as to ensure adequate access to the handicapped, pursuant to the provisions of art. 227, § 2°. art 245 the law shall provide for circumstances and conditions under which the government shall assist needy heirs and dependents of victims of intentional crimes, without prejudice to the civil liability of the perpetrator of the unlawful act. art 246 no provisional measure may be adopted to regulate an article of the constitution whose wording has been altered by means of a constitutional amendment promulgated between january 1, 1995, and the promulgation of this amendment [september 11, 2001]. art 247 the laws provided for in subparagraph iii of § 1° of art. 41 and in § 7° of art. 169 shall establish special criteria and guarantees for loss of positions of tenured civil servants, who, as a result of the powers of their actual offices, perform exclusive activities of the state. sole paragraph in cases of inadequate performance, loss of the office shall only occur through an administrative proceeding in which the civil servant is assured the adversary system and a full defense. art 248 benefits paid, for whatever reason, by the agency responsible for the general social security regime, even at the expense of the national treasury, and not subject to the maximum limit of the value fixed for benefits conceded by this regime, shall observe the limits fixed in art. 37, xi. art 249 to assure funds for payment of retirement and pension benefits conceded to respective civil servants and their dependents, in addition to the resources of their respective treasuries, the union, states, federal district and counties may constitute funds, made up of resources from contributions and by property, rights, and assets of any nature, through a law that provides for the nature and administration of these funds. art 250 to assure funds for payment of benefits conceded by the general social security regime, in addition to funds from collections, the union may constitute a fund, made up of property, rights and assets of any nature, through a law that provides for the nature and administration of this fund. the transitional constitutional provisions act 1988 art 1 at the time of its promulgation, the president of the republic, president of the supreme federal tribunal, and members of the national congress shall take an oath to maintain, defend and comply with the constitution. art 2 on september 7, 1993, through a plebiscite, the electorate shall define the form of government (republic or constitutional monarchy) and the system of government (parliamentary or presidential) that shall prevail in the country. widespread dissemination of these forms and systems through means of mass communication shall be assured free of charge from concessionaires of public services. upon promulgation of the constitution, the superior electoral tribunal shall issue rules regulating this article. art 3 this constitution shall be revised after five years, counting from its promulgation, by vote of an absolute majority of members of the national congress in a unicameral session. art 4 the mandate of the present president of the republic shall end on march 15, 1990. the first election for president of the republic after promulgation of the constitution shall be held on november 15, 1989, without applying the provisions of art. 16 of the constitution. the irreducibility of the present representation of the states and federal district in the chamber of deputies is assured. mandates of the governors and lieutenant governors elected on november 15, 1986, shall end on march 15, 1991. mandates of the present prefects, vice-prefects and county legislators shall end on january 1, 1989, when those elected shall take office. art 5 the provisions of art. 16 and the rules of art. 77 of the constitution shall not apply to elections scheduled for november 15, 1988. for the elections on november 15, 1988, electoral domicile in the district at least four months prior to the election shall be required, and candidates who meet such requirement and satisfy the other legal requisites may register with the electoral courts after promulgation of the constitution. in the absence of a specific legal provision, it shall be up to the superior electoral tribunal to issue the rules required to hold the 1988 elections, respecting current law. current members of the federal and state legislatures elected as vice-prefects shall not lose their parliamentary mandates if called to serve as prefects. for the representation to be elected in 1988, the number of county legislators per county shall be determined by the respective regional electoral tribunal, respecting the limits set out in art. 29, iv, of the constitution. in the elections to be held on november 15, 1988, except for those who already hold an elective mandate, spouses and relatives by blood, or marriage or adoption, up to the second degree, of the president of the republic, a state governor, the governor of the federal district and prefects who have served more than half of their mandate, are ineligible for any office within the jurisdiction of the office holder. art 6 in the six months following promulgation of the constitution, groups of at least thirty federal congressmen may request that the superior electoral tribunal register a new political party; their petition is to be accompanied by the manifest, by-laws and program, duly signed by the petitioners. provisional registration, which is to be granted forthwith by the superior electoral tribunal pursuant to this article, gives to the new party all the rights, duties and prerogatives of existing parties, including the right to participate, under its own name, in elections held during the twelve months following its formation. the new party automatically loses its provisional registration if, within twenty-four months of its formation, it does not obtain definitive registration from the superior electoral tribunal, as provided by law. art 7 brazil shall strive for creation of an international human rights tribunal. art 8 amnesty is granted to those who, during the period from september 18, 1946, to the date of promulgation of the constitution, were affected, for exclusively political reasons, by exceptional acts, either institutional or complementary, to those encompassed by legislative decree n°. 18 of december 15, 1961, and to those affected by decree-law n°. 864 of september 12, 1969, assuring during their inactivity, the promotions to the offices, positions or ranks to which they would be entitled had they been in active service, obeying the periods for remaining in positions provided for in the laws and regulations in force, respecting the characteristics and peculiarities of the careers of public civil servants and the military, observing their respective legal regimes. the provisions of this article shall cause financial effects only after promulgation of the constitution, prohibiting any kind of retroactive compensation. the benefits established in this article are assured to private sector workers, and officers and representatives of syndicates who, for exclusively political reasons, were punished, dismissed or compelled to leave the remunerated activities they had performed, as well as to those who were prevented from carrying out their professional activities by ostensive pressures or secret official procedures. economic reparations shall be granted, in accordance with a law initiated by the national congress and that shall enter in force within twelve months after promulgation of the constitution, to all citizens who were prevented from carrying out specific professional activities in civil life because of reserved ordinances n°. s-50-gm5 of june 19, 1964, and n°. s-285gm5 of the aeronautics ministry. those who, by the force of institutional acts, have gratuitously served in the elective office of county legislators shall be entitled to computation of these respective periods for purposes of civil service retirement and social security. the amnesty granted in the terms of this article applies to civil servants and to employees at all levels of government or in governmental foundations, state companies or mixed-capital companies under state control, except for military ministries, who have been punished or dismissed because of professional activities interrupted by decision of their workers, as well as because of decree-law no. 1.632 of august 4, 1978, or for exclusively political reasons, ensuring readmission of those affected as of 1979, observing the provisions of § 1°. art 9 those who, for exclusively political reasons, had their mandates quashed or their political rights suspended during the period from july 15 to december 31, 1969, by acts of the then president of the republic, may request that the supreme federal tribunal recognize the rights and advantages interrupted by these punitive acts, provided that they prove that such acts were grossly flawed. sole paragraph the supreme federal tribunal shall render its decision within one hundred-twenty days from the interested party's request. art 10 until such time as the complementary law referred to in art. 7, i, of this constitution is enacted: the protection referred to therein is limited to a fourfold increase in the percentages provided for in the heading of art. 6, and § 1° of law no. 5.107 of september 13, 1966; arbitrary dismissal or dismissal without just cause is prohibited: for an employee elected to the position of a director of an internal accident prevention committee, from the date of registration as a candidate until one year after the end of his mandate; for a pregnant employee, from the date the pregnancy is confirmed until five months after birth. until the law regulates the provisions of art. 7, xix, of the constitution, the period of paternity leave referred to in the subparagraph shall be five days. until further legal provisions, the contributions to fund the activities of rural syndicates shall be collected together with the rural property tax by the same collecting agency. after the promulgation of the constitution, upon initial proof of compliance with labor obligations by rural employers, pursuant to art. 233, the regularity of the contract and the updating of labor obligations for the entire period shall be certified before the labor courts. art 11 each state legislative assembly with constituent powers shall draft the state constitution within one year of the promulgation of the federal constitution, obeying the principles of the federal constitution. sole paragraph after a state constitution has been promulgated, it shall be the responsibility of the county legislatures to vote on their respective organic laws within six months, in two terms of discussion and voting, respecting the provisions of the federal and state constitutions. art 12 within ninety days of the promulgation of the constitution, a committee on territorial studies shall be created, with ten members appointed by the national congress and five by the executive, for the purpose of submitting studies concerning the national territory and draft bills on new territorial units, notably in the legal amazonian region and in areas awaiting solutions. within one year the committee shall submit the results of its studies to the national congress so that such studies may be examined during the next twelve months, in the terms of the constitution, with the committee dissolving shortly thereafter. within three years of the enactment of the constitution, the states and counties by agreement or arbitration shall demarcate their borders presently in litigation, and for such purpose they may alter and compensate areas because of natural phenomena, historical criteria, administrative convenience and convenience of the bordering populations. at the request of interested states and counties, the union may assume the task of demarcation. if within three years after promulgation of the constitution, the demarcation task has not been concluded, the union shall determine the boundaries of the disputed areas. the current borders of the state of acre with the states of amazonas and rondônia are recognized and confirmed, in conformity with the cartographic and geodesic surveys conducted by the tripartite commission composed of representatives of the states and of the specialized technical services of the brazilian institute of geography and statistics. art 13 the state of tocantins is created by carving it out of the area described in this article, and its admission shall occur on the forty-sixth day after the elections provided for in § 3°, but not before january 1, 1989. the state of tocantins is part of the northern region and is bounded by the state of goías along the northern boundaries of the counties of são miguel do araguaia, porangatu, formoso, minaçu, cavalcante, monte alegre de goiás and campos belos, maintaining the current eastern, northern and western borders of goiás with the states of bahia, piauí, maranhão, pará and mato grosso. the executive shall designate one of the cities of the state as its provisional capital until approval of the definitive seat of government by the constituent assembly. the governor, lieutenant governor, senators, federal deputies, and state representatives shall be elected, in a single round, within seventy-five days after promulgation of the constitution, but not before november 15, 1988, at the discretion of the superior electoral tribunal, obeying, inter alia, the following rules: the period for party affiliation of the candidates shall end seventy-five days prior to the date of the election; the dates for the regional party conventions to decide upon coalitions and choice of candidates, for the presentation of the request to register the candidates chosen and for other legal procedures shall be determined on a special calendar by the electoral courts; occupants of state or county offices that have not definitively resigned such offices by seventy-five days prior to the date of the elections provided for in this paragraph are ineligible; the current regional directors of the political parties of the state of goías are maintained, with the national executive committees being responsible for designating provisional committees for the state of tocantins, under the terms and for the purposes provided for by law. the mandates of governor, lieutenant governor and federal and state representatives elected in accordance with the preceding paragraph shall end concurrently with those of the other units of the federation; the mandate of the senator elected with the fewest votes shall end at the same time, and the mandates of the other two senators shall end at the same time as those senators elected in 1986 in the other states. the state constituent assembly shall be installed on the forty-sixth day after election of its members, but not before january 1, 1989, under the presidency of the president of the regional electoral tribunal of the state of goías and shall inaugurate the elected governor and lieutenant governor on the same date. the legal rules regulating division of the state of mato grosso shall apply, where appropriate, to the creation and admission of the state of tocantins, observing the provisions of art. 234 of the constitution. the state of goías is released from debts and charges resulting from undertakings within the territory of the new state, and the union is authorized to assume such debts under at its discretion. art 14 the federal territories of roraima and of amapá are transformed into federated states, maintaining their current geographic borders. the admission of the states shall occur upon inauguration of their governors elected in 1990. the rules and criteria adopted for the creation of the state of rondônia apply to the transformation and admission of the states of roraima and amapá, respecting the provisions of the constitution and of this act. within forty-five days after promulgation of the constitution, the president of the republic shall submit to the federal senate for consideration the names of governors of the states of roraima and amapá, who shall exercise the powers of the executive until the new states are admitted with the inauguration of their elected governors. so long as their transformation into states remains uncompleted in the terms of this article, the federal territories of roraima and amapá shall enjoy the benefits from the transfer of funds provided for in arts. 159, i, a, of the constitution and 34, § 2°, ii of this act. art 15 the federal territory of fernando de noronha is abolished and its area is reincorporated into the state of pernambuco. art 16 until the provisions of art. 32, § 2°, of the constitution become effective, the president of the republic, with the approval of the federal senate, shall be responsible for appointing the governor and lieutenant governor of the federal district. until the federal district's legislature is installed, its powers shall be exercised by the federal senate. until the legislative chamber is installed, supervision of the accounting, finances, budgets, operations and patrimony of the federal district shall be done by the federal senate through external control, with the assistance of the tribunal of accounts of the federal district, observing the provisions of art. 72 of the constitution. the property of the federal district shall include the assets that come to be attributed to it by the union, as provided by law. art 17 earnings, remuneration, advantages and additional pay, as well as retirement benefits being received inconsistently with this constitution, shall be reduced immediately to the limits arising therefrom, not permitting invocation of vested rights nor allowing receipt of excess sums on any account. cumulative holding of two positions or jobs exclusively for doctors by one person is assured if held by a military physician in the direct or indirect public administration. cumulative holding of two positions or jobs exclusively for health professionals by one person is assured if held in the direct or indirect public administration. art 18 any legislative or administrative act, issued after installation of the national constituent assembly, whose objective is to grant tenure to a public servant admitted without a public competitive examination to the direct or indirect administration, including foundations instituted and maintained by the government, is null and without legal effect. art 19 civil public servants of the union, states, federal district and counties, in the direct administration, autarchies and public foundations, who, on the date of promulgation of the constitution, have held their positions for at least five continuous years, without having been admitted in the manner regulated by art. 37 of the constitution, are deemed to have tenure in the public service. the period of service of the civil servants referred to in this article shall be counted as a credential when they take a competitive examination for the purpose of effectuating their admission, as provided by law. the provisions of this article do not apply to the holders of confidential or commission positions, offices or jobs, nor to those who by law can be freely discharged. the period of service of these persons shall not be computed for the purposes of the heading of this article, unless they are civil servants. the provisions of this article do not apply to professors of higher education, as provided by law. art 20 within one hundred and eighty days, the rights of inactive civil servants and pensioners shall be revised, and the income and pensions owed them shall be updated so as to adjust them to the provisions of the constitution. art 21 professional judges with a limited term of office who have been admitted by means of public competitive examinations and professional credentials and who are in office on the date this constitution is promulgated, acquire tenure, observing the probationary period, and they shall constitute a group being phased out, maintaining the jurisdiction, prerogatives and restrictions of the laws to which they have been subjected, except for those inherent to the transitory nature of their investiture. sole paragraph retirement of the judges referred to in this article shall be regulated by the rules established for other state judges. art 22 public defenders holding office by the date of installation of the national constituent assembly are assured the right to opt for the career, observing the guarantees and prohibitions provided for in art. 134, sole paragraph, of the constitution. art 23 until art. 21, xvi, of the constitution is regulated, those presently holding the positions of federal censor shall continue to exercise functions compatible with such office in the federal police department, observing the constitutional provisions. sole paragraph the law referred to shall provide for the utilization of the federal censors, in the terms of this article. art 24 within eighteen months of promulgation of the constitution, the union, states, federal district and counties shall issue laws establishing criteria for making their personnel compatible with the provisions of art. 39 of the constitution and with the administrative reform resulting therefrom. art 25 one hundred and eighty days after promulgation of the constitution, such period being subject to extension by law, all legal provisions conferring or delegating to an agency of the executive, powers assigned by the constitution to the national congress, shall be revoked, especially with respect to: normative actions; allocations or transfers of funds of any kind. the effects of decree-laws sent to the national congress and not evaluated by it when the constitution is promulgated shall be regulated in the following manner: if issued by september 2, 1988, they shall be evaluated by the national congress within a period of up to one hundred and eighty days from the date of promulgation of the constitution, not counting legislative recess; if the time period defined in the preceding subparagraph elapses without evaluation of the decree-laws mentioned therein, they shall be deemed rejected; in the situations defined in subparagraphs i and ii, acts performed when the respective decree-laws were in effect shall be fully valid; if necessary, the national congress may legislate on their remaining effects. decree-laws issued between september 3, 1988, and the promulgation of the constitution shall, on the latter date, be converted into provisional measures, applying the rules established in art. 62, sole paragraph. art 26 within one year of the promulgation of the constitution, the national congress shall sponsor, through a joint committee, an analytical and expert examination of the acts and facts that produced brazil's foreign debt. the committee shall have the legal authority of a parliamentary investigative committee for purposes of requisitions and calling witnesses, and shall act with the assistance of the tribunal of accounts of the union. if irregularities are found, the national congress shall propose that the executive declare the acts null and void and shall send the process to the federal public ministry, which shall take appropriate action within sixty days. art 27 the superior tribunal of justice shall be installed under the presidency of the supreme federal tribunal. until the superior tribunal of justice is installed, the supreme federal tribunal shall exercise the powers and jurisdiction defined in the prior constitutional regime. the initial composition of the superior tribunal of justice shall be made up: by utilization of the ministers of the federal tribunal of appeals; by appointment of the ministers needed to complete the number established in the constitution. for the purposes of the constitutional provision, the present ministers of the federal tribunal of appeals shall be deemed to belong to the class they came from at the time of the their appointment. after the tribunal has been installed, retired ministers of the federal tribunal of appeals automatically become retired ministers of the superior tribunal of justice. the ministers referred to in §2°, ii, shall be indicated in a list of three by the federal tribunal of appeals, observing the provisions of art. 104, sole paragraph, of the constitution. five federal regional tribunals are created, to be installed within six months from promulgation of the constitution; their jurisdiction and place of sitting are to be determined by the federal tribunal of appeals, taking into account the number of cases and their geographical location. until the federal regional tribunals are installed, the federal tribunal of appeals shall exercise the jurisdiction attributed to the federal regional tribunals throughout the national territory. the federal tribunal of appeals shall also provide for their installation and indicate candidates for all initial offices by means of a list of three that may include federal judges of any region, observing the provisions of § 9°. after promulgation of the constitution, filling vacant positions for ministers of the federal tribunal of appeals is prohibited. if there are no federal judges with the minimum period of service provided for in art. 107, ii, of the constitution, promotions may be granted to judges with fewer than five years in office. the federal courts shall have the power to adjudicate the cases filed therein until promulgation of the constitution, and the federal regional tribunals, as well as the superior tribunal of justice, shall decide rescissory actions against decisions rendered until then by the federal courts, including those involving matters for which jurisdiction has been transferred to another branch of the judiciary. the following federal regional tribunals are now created: the 6th region, with its seat in curitiba, state of paraná, with jurisdiction in the states of paraná, santa catarina, and mato grosso do sul; the 7th region, with its seat in belo horizonte, state of minas gerais, with jurisdiction in the state of minas gerais; the 8th region, with its seat in salvador, state of bahia, with jurisdiction in the states of bahia and sergipe; and the 9th region, with its seat in manaus, state of amazonas, with jurisdiction in the states of amazonas, acre, rodônia, and roraima. art 28 the federal judges referred to in art. 123, § 2°, of the constitution of 1967, with the wording given by constitutional amendment no. 7 of 1977, shall be vested in office in courts of the judicial section for which they were appointed or designated; if there are no vacancies, the existing courts shall be divided. sole paragraph for purposes of promotion by seniority, the period of service of such judges shall be computed from the day they took office. art 29 until such time as the complementary laws related to the public ministry and to the advocate-general of the union are approved, the federal public ministry, office of the procurator of the national treasury, legal advisory offices of the ministries, procuracies and legal departments of federal autarchies with their own representation and members of the procuracies of universities that are public foundations shall continue to conduct their activities within their respective powers. within one hundred and twenty days, the president of the republic shall send to the national congress a draft of a complementary law providing for the organization and operations of the advocacy-general of the union. the present procurators of the republic, in accordance with the complementary law, shall be given the irrevocable option between careers in the federal public ministry and in the advocacy-general of the union. a member of the public ministry admitted prior to the promulgation of the constitution may opt for the previous regime with respect to guarantees and advantages, with due regard, as to prohibitions, for the legal situation on the date of promulgation. the present members of the supplementary staff of the public ministries of labor and the military who have acquired tenure in these positions become integral members of the staff of their respective careers. it is the responsibility of the current procuracy general of the national treasury, directly or by delegation, which may be made to the state public ministry, to represent the union legally in court in tax cases, in their respective spheres of authority, until such time as the complementary laws provided for in this article are enacted. art 30 the legislation that creates the justices of the peace shall maintain the present judges of peace until the new justices take office, assuring them the rights and powers conferred upon the latter, and shall determine the date for the election provided for in art. 98, ii, of the constitution. art 31 the clerks of the law courts, as defined by law, shall be taken over by the states, respecting the rights of the present clerks. art 32 the provisions of art. 236 do not apply to notarial and registry services that have already been made official by the government, respecting the rights of their employees. art 33 except for support payments, the value of pending court orders for payment of judgments against the government on the date of the promulgation of the constitution, including remaining interest and monetary correction, may be paid in the currency of the day, with updating, in equal and successive annual installments, over a maximum period of eight years from july 1, 1989, by executive decision issued within one hundred and eighty days from promulgation of the constitution. sole paragraph to comply with the provisions of this article, the debtor entities may each year issue, in the exact amount of the payment, public bonds, which shall not be computed for purposes of determining the aggregate limit of indebtedness. art 34 the national tax system shall go into effect on the first day of the fifth month following promulgation of the constitution; until then the system of the 1967 constitution, with the wording given by amendment no. 1 of 1969 and subsequent amendments, is retained. when the constitution is promulgated, arts. 148, 149, 150, 154, i, 156, iii, and 159, i, c, shall go into force, revoking all provisions to the contrary in the 1967 constitution and the amendments that modified it, especially its art. 25, iii. the fund for the participation of the states and of the federal district and fund for the participation of the counties shall obey the following determinations: starting with the promulgation of the constitution, the percentages shall be eighteen and twenty percent, respectively, calculated on the revenues from collection of the taxes referred to in art. 153, iii and iv, maintaining the present criteria for apportionment until entry into force of the complementary law referred to in art. 161, ii; one percentage point shall be added to the percentage of the fund for the participation of the states and the federal district in fiscal year 1989; starting in and including 1990, one-half of one percent per fiscal year shall be added up to and including 1992, reaching in 1993 the percentage established in art. 159, i, a; the percentage for the fund for the participation of the counties shall be raised at the rate of one-half of one percent per fiscal year, starting in and including 1989, until it reaches the limit established in art. 159, i, b. when the constitution has been promulgated, the union, states, federal district and counties may issue the laws necessary to apply the national tax system therein provided for. the laws issued in accordance with the preceding paragraph shall take effect as soon as the national tax system provided for in this constitution enters into force. once the new national tax system is in force, application of the preexisting legislation is assured to the extent that it is not incompatible with the new national tax system and with the legislation referred to in §§ 3° and 4°. until december 31, 1989, the provisions of art. 150, iii, b, do not apply to the taxes dealt with in arts. 155, i, a and b, and 156, ii and iii, which may be collected thirty days after publication of the law that instituted or increased such taxes. until fixed in a complementary law, the maximum rates for the county tax on retail sales of liquid and gaseous fuels shall not exceed three percent. if, within sixty days of promulgation of this constitution, the complementary law necessary for the institution of the tax dealt with in art. 155, i, b, has not been issued, the states and the federal district shall determine the rules to regulate the matter provisionally by means of a compact entered into in accordance with complementary law no. 24, of january 7, 1975. until a complementary law deals with the matter, firms distributing electric power, shall be responsible for the payment of the tax on the circulation of merchandise levied on electric power from production or importation up to the last operation, either as taxpayers or taxpayer substitutes, at the time the product leaves their establishments, even if the destination is another unit of the federation. the tax is calculated on the price charged on the final sale, assuring payment of such tax to the state or to the federal district, depending on the place where such sale occurs. so long as the law provided for in art. 159, i, c, which is to be enacted by december 31, 1989, is not in force, the funds dealt with in that provision shall be allocated in the following manner: six-tenths of one percent to the northern region, through banco da amazonia s.a.; one and eight-tenths percent to the northeastern region, through banco do nordeste do brasil s.a.; six-tenths of one percent to the central western region, through banco do brasil s.a. the development bank of the central-west is hereby created, as provided by law, so as to comply with the provisions of arts. 159, i, c and 192, § 2°, of the constitution in that region. the urgency provided for in art. 148, ii, shall not adversely affect collection of the compulsory loan created for the benefit of centrais elétricas brasileiras s.a. (eletrobrás) by law no. 4.156 of november 28, 1962, as subsequently amended. art 35 the provisions of art. 165, § 7° shall be complied with progressively over a period of up to ten years, distributing the funds among the macro-economic regions in proportion to their population, based on the situation determined for the 1986-87 biennium. in applying the criteria dealt with in this article, the total expenses shall exclude expenses for: projects considered priorities in the multi-year plan; national security and defense; maintenance of the federal agencies in the federal district; the national congress, the tribunal of accounts of the union and the judiciary; servicing the debt of the direct and indirect administration of the union, including foundations instituted and maintained by the federal government. until such time as the complementary law referred to in art. 165, § 9°, i and ii, comes into force, the following rules shall be obeyed: the proposed multi-year plan that is to be in effect until the end of the first fiscal year of the subsequent presidential mandate shall be submitted not less than four months before the end of the first fiscal year and returned for presidential approval by the end of the legislative term; the draft of the law on budgetary directives shall be submitted not less than eight-and-one half months before the end of the fiscal year and returned for presidential approval by the end of the first period of the legislative term; the draft of the budget law of the union shall be submitted not less than four months before the end of the fiscal year and returned for presidential approval by the end of the legislative term. art 36 funds in existence on the date the constitution is promulgated, except for those resulting from tax exemptions that become private property and those of interest to national defense, shall be eliminated if they are not ratified by the national congress within two years. art 37 adaptation to what is established in art. 167, iii, shall be done within five years, reducing the excess at the rate of at least one-fifth per year. art 38 until enactment of the complementary law referred to in art. 169, the union, states, federal district and counties shall not spend more than sixty-five percent of the amount of their respective current revenues on personnel. sole paragraph when the respective expenditures with personnel exceed the limit provided for in this article, the union, states, federal district and counties shall return to such limit by reducing the excess percentage at the rate of one-fifth per year. art 39 after promulgation of the constitution, for purposes of compliance with the constitutional provisions that involve variations of expenses and receipts of the union, the executive shall prepare and the legislature shall consider a bill revising the budget law of fiscal year 1989. sole paragraph the national congress shall vote on the complementary law provided for in art. 161, ii, within twelve months. art 40 the free trade zone of manaus, with its characteristics of a free trade area, export and import and fiscal incentives, shall be maintained for a period of twenty-five years from promulgation of the constitution. sole paragraph the criteria that regulate or which come to regulate approval of projects in the free trade zone of manaus may be modified only by federal law. art 41 the executive branches of the union, states, federal district and counties shall reevaluate all sectorial tax incentives now in force and shall propose the appropriate measures to their respective legislative branches. those incentives not confirmed by law within two years for the date of the promulgation of the constitution shall be considered revoked. revocation shall not prejudice any rights that have vested before such date, with respect to incentives granted conditionally and for limited periods of time. incentives granted by interstate compacts in accordance with art. 23, § 6° of the 1967 constitution, with the wording of amendment no. 1 of october 17, 1969, shall also be reevaluated and reconfirmed within the time limits of this article. art 42 for forty (40) years, the union shall allocate from the funds destined for irrigation: 20% (twenty percent) to the central-western region; 50% (fifty percent) to the northeastern region, preferentially in the semi-arid region. sole paragraph from the percentages provided for in subparagraphs i and ii of the heading, a minimum of 50% (fifty percent) shall be destined for irrigation projects that benefit family farms that meet the requirements provided for in specific legislation. art 43 on the date of the promulgation of the law regulating the prospecting and mining of mineral resources and deposits, or within one year from the date of the promulgation of this constitution, the authorizations, concessions and other instruments conferring mineral rights shall lose their effects if one cannot prove that the prospecting or mining has been started within the legal time limits or if they have become inactive. art 44 brazilian firms presently owning prospecting authorizations, concessions for the working of mineral resources, and concessions for using hydraulic energy sites shall have four years, starting from the promulgation of the constitution, to comply with the requirements of art. 176, §1°. except for provisions of national interest set out in the constitutional text, brazilian firms shall be excused from compliance with the provisions of art. 176, §1°, so long as, during the period of four years from the date of promulgation of the constitution, the product of their mines and processing is destined for industrialization within the national territory in their own establishments or in industrial firms controlled by or controlling them. brazilian firms owning hydraulic energy concessions for use in their industrialization processes are excused from compliance with the provisions of art. 176, §1°. the brazilian firms referred to in §1° may only have prospecting authorizations or permits to mine or exploit hydraulic energy sites so long as the energy and the products of the mines are utilized in their respective industrial processes. art 45 refineries operating in the country under the aegis of art. 43 and under the conditions of art. 45 of law n°. 2.004 of october 3, 1953, are excluded from the monopoly established in art. 177, subparagraph ii, of the constitution. sole paragraph risk contracts made with petróleo brasileiro s.a. (petrobrás) for the exploration of petroleum that are in force on the date of the promulgation of the constitution are exempt from the prohibition of art. 177, §1°. art 46 credits with entities under intervention or extra-judicial liquidation, even when such proceedings are converted into bankruptcy, are subject to monetary correction from the date of maturity until the date of actual payment, without interruption or suspension. sole paragraph the provisions of this article shall also apply: to transactions carried out after the proceedings referred to in the heading of this article have been decreed; to loans, financing, refinancing, financial assistance for liquidity purposes, assignments or subrogation of mortgages or mortgage bonds, fulfillment of guarantees of deposits by the public or purchases of liabilities, including those carried out with resources from funds intended for such purposes; to credits existing prior to the promulgation of this constitution; to credits held by governmental administrative entities prior to promulgation of this constitution and not liquidated by january 1, 1988. art 47 liquidation of debts, including subsequent renegotiations and settlements thereof, even when adjudicated, arising from any loans granted by banks and by financial institutions, shall be without monetary correction provided the loan was granted: to microand small-businessmen or to their establishments in the period from february 28, 1986, to february 28, 1987; to mini, small, or medium rural producers in the period from february 28, 1986, to december 31, 1987, so long as it relates to rural credit. for the purposes of this article, micro-firms are legal entities and proprietorships with annual incomes of up to ten thousand national treasury bonds (otns), and small firms are legal entities and proprietorships with annual incomes of up to twenty-five thousand national treasury bonds (otns). classification as a mini, small, and medium rural producers shall be made in accordance with the rural credit rules in force at the time of the contract. the exemption from monetary correction referred to in this article shall only be granted in the following cases: if the initial debt, plus legal interest and judicial fees, is liquidated within ninety days of promulgation of this constitution; if the application of the funds is not contrary to the propose of the financing, with the burden of proof placed upon the creditor institution; if the creditor institution fails to demonstrate that the borrower has the means to pay his debt, excluding from such means the borrower's establishment, the house in which he lives, and his instruments for work and production; if the initial financing does exceed the limit of 5,000 readjustable treasury bonds (ortns); if the beneficiary does not own more than five rural modules. the benefits dealt with in this article do not apply to debts already paid nor to debtors who are members of the constituent assembly. for debts maturing after this deadline for liquidation of the debt, banks and financial institutions shall provide, by a separate instrument, for amendment of the original contractual conditions so as to adjust them to this benefit if the borrower is interested in doing so. under no circumstances shall the granting of this benefit by private commercial banks bring with it a burden for the government, not even through refinancing and repassing of funds through the central bank. in the case of repassing to official financing agents or credit cooperatives, the burden shall fall upon the original source of funds. art 48 within one hundred-twenty days of the promulgation of this constitution, the national congress shall elaborate a consumer protection code. art 49 the law shall regulate the institution of emphyteusis in urban real property, the tenants having the option, in the event of extinction, to redeem the emphyteusis, by acquisition of direct title in accordance with the provisions contained in the respective contracts. in the absence of a contractual clause, the criteria and bases currently in force in special federal legislation on real property shall be adopted. the rights of presently registered occupants shall be assured by application of another type of contract. emphyteusis shall continue to be applied to tidelands and areas added thereto by accretion, located within the security strip along the coast line. after redemption of the emphyteusis, the former holder of direct title shall, within ninety days, under penalty of liability, entrust all documents related to such title to the custody of the proper real estate registry. art 50 an agricultural law, to be enacted within one year, shall set out, in the terms of this constitution, the objectives and instruments of agricultural policy, priorities, crop planning, marketing, internal supply, foreign markets and agrarian credit institutions. art 51 all donations, sales and concessions of public lands of areas greater than three thousand hectares, made in the period from january 1, 1962, to december 31, 1987, shall be reviewed by the national congress, within the three years after promulgation of the constitution. review of sales shall be based exclusively on the criterion of legality of the transaction. review of concessions and donations shall be based on the criteria of legality and convenience to the public interest. in the cases provided for in the preceding paragraphs, if illegality is proven, or if it is in the public interest, the lands shall revert to the patrimony of the union, states, federal district or counties. art 52 until the conditions of art. 192 are determined, the following shall be prohibited: installation of new agencies of foreign domiciled financial institutions in the country; increases in the percentage of participation by individuals and legal entities resident or domiciled abroad in the capital of financial institutions headquartered in the country. sole paragraph the prohibition referred to in this article does not apply to authorizations resulting from international accords, reciprocal agreements or agreements of interest to the brazilian government. art 53 former combatants who actually participated in war operations during the second world war, in the terms of law no. 5.315 of september 12, 1967, shall be assured the following rights: admission to public service with tenure, without having to undergo competitive examinations; a special pension corresponding to that left by a second lieutenant of the armed forces, which may be applied for at any time and may not be accumulated with any other income received from the public coffers, except for social security benefits, reserving the right to choose; in the event of death, a proportional pension for the widow or companion or dependent, in an amount equal to that of the prior subparagraph; free medical, hospital and educational assistance, including dependents; retirement at full pay after twenty-five years of actual service under any legal regime; priority in the acquisition of one's own home for those who do not own one, or for their widows or companions. sole paragraph granting the special pension referred to in subparagraph ii replaces, for all legal effects, any other pension already granted to an ex-combatant. art 54 when without resources, rubber-tappers recruited pursuant to decree-law no. 5.813 of september 14, 1943, and protected by decree-law no. 9.882 of september 16, 1946, shall receive a monthly pension for life in the amount of two minimum wages. the benefit extends to rubber-tappers who, at the request of the brazilian government, contributed to the war effort by working in rubber production in amazon region during the second world war. the benefits established in this article may be transferred to dependents who are recognizably in need. the benefit shall be granted according to a law to be proposed by the executive within one hundred and fifty days after promulgation of the constitution. art 54-a the rubber-tappers provided for in art. 54 of the transitional constitutional provisions act shall receive a lump-sum indemnification in the amount of r$25,000.00 (twenty-five thousand reais). art 55 until the law of budgetary directives is approved, at least thirty percent of the social security budget, excluding unemployment insurance, shall be allocated to the health sector. art 56 until a law regulates art. 195, i, the revenues resulting from at least five of the six-tenths of one percent corresponding to the rate of the contribution referred to in decree-law no. 1.940 of may 25, 1982, as amended by decree-law no. 2.049 of august 1, 1983, by decree no. 91.236 of may 8, 1985, and by law no. 7.611 of july 8, 1987, shall be integrated with social security revenues, except for commitments assumed for ongoing programs and projects exclusively during fiscal year 1988. art 57 the debts of the states and counties for social security contributions up to june 30, 1988, shall be liquidated, with monetary correction, in one hundred and twenty monthly installments, eliminating interest and penalties applicable thereto, as long as the debtors request installment payments and begin such payments within one hundred and eighty days from promulgation of this constitution. the amount to be paid in each of the first two years shall not be less than five percent of the total consolidated and updated debt, with the balance being divided into equal monthly installments. liquidation may include payments in the form of assignments of assets and providing services, in accordance with law no. 7.578 of december 23, 1986. as security for payment of the installments, the states and counties shall each year in their respective budgets make the appropriations required for payment of their debts. if any of the conditions established for permitting installment payments are not satisfied, the total debt shall be considered past due, and default interest shall be payable on it; in such event, the portion of the funds corresponding to the revenue sharing funds that has been allocated to the debtor states and counties shall be blocked and transferred to social security for payment of their debts. art 58 benefits paid on a continuous basis and maintained by social security on the date the constitution is promulgated shall have their values revised in order to restore their purchasing power, expressed in multiples of the minimum wage they represented on the date when they were granted, obeying this criterion for updating until implantation of the plan of funding and benefits referred to in the following article. sole paragraph the monthly benefit payments, updated in accordance with this article, shall be due and payable from the seventh month after promulgation of the constitution. art 59 not more than six months after the promulgation of the constitution, bills relating to organization of social security and for the plans for funding and benefits shall be submitted to the national congress, which shall have six months in which to examine them. sole paragraph upon approval by the national congress, the plans shall be implemented progressively in the following eighteen months. art 60 until the 14th (fourteenth) year from the promulgation of this constitutional amendment, the states, federal district and counties shall apply part of the funds referred to in the heading of art. 212 of the federal constitution to maintenance and development of basic education and to adequate remuneration of those working in education, respecting the following provisions: distribution of resources and responsibilities among the federal district, states and counties is assured through creation, within the province of each state and the federal district, of a fund for the maintenance and development of basic education and valorization of the teaching profession — fundeb, that will be accounting in nature; the funds referred to in the preceding paragraph of this article shall be constituted by 20% (twenty percent) of the funds referred to in subparagraphs i, ii and iii of art. 155; subparagraph ii of the heading of art. 157; subparagraphs ii, iii and iv of the heading of art. 158; and subparts a and b of subparagraph i and subparagraph ii of the heading of art. 159 of the federal constitution, and distributed among each state and its counties in proportion to the number of students in the various stages and modalities of basic education matriculated in their respective systems, in the respective provinces of priority functioning established in §§ 2° and 3° of art. 211 of the federal constitution; observing the guarantees established in subparagraphs i, ii, iii and iv of the heading of art. 208 of the federal constitution and the goal of universality of basic education established in the national education plan, the law shall provide for: organization of the funds, proportional distribution of their resources, differences and weights as to the annual amount per student among the various stages and modalities of basic education and the type of teaching establishments; manner of calculation of the annual minimum amount per student; maximum percentages for appropriation of resources from the funds for the diverse stages and modalities of basic education, observing arts. 208 and 214 of the federal constitution, as well as the goals of the national education plan; supervision and control of the funds; period for fixing, by specific law, the national professional base salary for those in the profession of teaching basic education; resources received on account of the funds instituted in the terms of subparagraph i of the heading of this article shall be applied by the states and counties exclusively in the respective spheres of priority functioning, in conformity with what has been established in §§ 2° and 3° of art. 211 of the federal constitution; the union shall supplement the resources of the funds referred to in subparagraph ii of the heading of this article whenever the cost per student in the federal district and in each state does not reach the nationally defined minimum, determined in accordance with the provision of subparagraph vii of the heading of this article, prohibiting utilization of the funds referred to in § 5° of art. 212 of the federal constitution; up to 10% (ten percent) of the union’s supplemental contribution provided for in subparagraph v of the heading of this article may be distributed by the funds through programs directed toward improvement in the quality of education, as provided for by the law referred to in subparagraph iii of the heading of this article; the union’s supplemental contribution referred to in subparagraph v of the heading of this article shall be a minimum of: r$ 2,000,000,000 (two billion reais), in the first year these funds are in operation; r$ 3,000,000,000 (three billion reais), in the second year these funds are in operation; r$ 4,500,000,000 (four billion five million reais), in the third year these funds are in operation; 10% (ten percent) of the total funds referred to in subparagraph ii of the heading of this article, starting with the fourth year of the life of these funds; linking the funds to maintenance and development of education established in art. 212 of the federal constitution shall support, at a maximum, 30% (thirty percent) of the union’s supplemental contribution, considered for the purposes of this article as the sums provided for in subparagraph vii of heading of this article; the sums referred to in subparts a, b, and c of subparagraph vii of the heading of this article shall be updated annually, starting with the promulgation of this constitutional amendment, in a manner that will preserve permanently the real value of the union’s supplemental contribution; the provisions of art. 160 of the federal constitution shall apply to the union’s supplemental contribution; failure to comply with the provisions of subparagraphs v and vii of the heading of this article shall imply a crime of responsibility by the competent authority; not less than 60% (sixty percent) of each fund referred to in subparagraph i of the heading of this article shall be destined for payment of members of the basic education teaching profession actively engaged in the profession. in financing basic education, the union, states, federal district and counties shall assure improvement in the quality of teaching, so as to guarantee the nationally defined minimum standard. the cost per student of basic teaching in the fund of each state and the federal district shall not be less than practiced in the sphere of the fund for the maintenance and development of elementary education and the valorization of the teaching profession — fundef, in the year prior to the entry into force of this constitutional amendment. the annual minimum cost per student for basic education in the sphere of the funds for the maintenance and development of basic education and the valorization of educational professionals — fundeb, shall not be less than the nationally fixed minimum cost for the prior year and that at the entering into force of this constitutional amendment. for the purposes of distribution of the resources of the funds referred to in subparagraph i of the heading of this article, one shall take into account the total number of persons enrolled in elementary education and shall consider for purposes of pre-school education and for middle school and the education of adolescents and adults, 1/3 (one-third) of the enrollments in the first year, 2/3 (two-thirds) in the second year and the entire amount starting with the third year. the percentage of resources to constitute the funds, in accordance with subparagraph ii of the heading of this article, shall be reached gradually in the first 3 (three) years that these funds are in operation, in the following manner: in the case of the taxes and tranferences set out in subparagraph ii of the heading of art. 155; subparagraph iv of the heading of art. 158; subparts a and b of subparagraph i and of subparagraph ii of the heading of art. 159 of the federal constitution: 16.66% (sixteen and sixty-six hundredths percent) in the first year; 18.33% (eighteen and thirty-three hundredths percent) in the second year; 20% (twenty percent) starting with the third year. in the cases of taxes and transferences set out in subparagraphs i and iii of the heading of art. 155; of subparagraph ii of the heading of art. 157; and of subparagraph ii and iii of the heading of art. 158 of the federal constitution: 6.66% (six and sixty-six one-hundredths percent), in the first year; 13.33% (thirteen and thirty-three hundredths percent), in the second year; 20% (twenty percent) in the third year. repealed. repealed. art 61 the educational entities referred to in art. 213, as well as the educational and research foundations whose creation has been authorized by law, which satisfy the requirements of subparagraphs i and ii of this article and which during the last three years have received public funds, may continue to receive such funds, unless otherwise provided by law. art 62 the law shall create the national rural apprenticeship service (senar), modeled on the legislation for the national industrial apprenticeship service (senai) and the national commercial apprenticeship service (senac), without prejudice to the powers of the governmental agencies that act in the area. art 63 a committee composed of nine members, three from the legislature, three from the judiciary and three from the executive, is created to promote commemoration of the centennial of the proclamation of the republic and of promulgation of the first republican constitution in the country, provided that such committee may, at its discretion, be subdivided into as many subcommittees as may be necessary. sole paragraph in carrying out its duties, the committee shall promote studies, debates and assessments of the political, social, economic and cultural development of the country, and may join efforts with state and county governments and with public and private institutions desiring to take part in the events. art 64 the national press and other printing departments of the union, states, federal district and counties, of direct or indirect administration, including foundations instituted and maintained by the government, shall provide a popular edition of the full text of the constitution, that shall be made available, free of charge, to schools, public registry offices, syndicates, barracks, churches and other representative community organizations, so that each brazilian citizen may receive from the government a copy of the brazilian constitution. art 65 the legislature shall regulate art. 220, § 4° within twelve months. art 66 the concessions of public telecommunication services presently in force are maintained, as provided by law. art 67 the union shall conclude the demarcation of indigenous lands within five years after promulgation of the constitution. art 68 final title shall be recognized for the remaining members of the former fugitive slave communities who are occupying their lands, and the state shall grant them the respective deeds. art 69 the states shall be allowed to maintain legal advisory offices independent from their procuracy-generals or advocacy-generals, provided that they have separate agencies for their respective functions on the date of enactment of this constitution. art 70 the present jurisdiction of the state courts is maintained until defined in the state constitutions, pursuant to art. 125, § 1° of this constitution. art 71 for the purposes of financial restoration of the federal treasury and economic stabilization, the emergency social fund shall be instituted in fiscal years 1994 and 1995, as well as in the periods from january 1, 1996 to june 30, 1997 and july 1, 1997 to december 31, 1999. its resources shall be applied by giving priority to funding actions of the systems of health and education (including complementing the resources dealt with in § 3 of art. 60 of the transitional constitutional provisions act), social security benefits and continued assistance benefits, including liquidation of the social security deficit, and the budgetary expenses associated with programs of relevant economic and social interest. the provisions in the final part of subparagraph ii of § 9° of art. 165 of the constitution shall not apply to the fund created by this article. the fund created by this article shall be called the fund of fiscal stabilization, starting with the beginning of the fiscal year 1996. the executive shall publish a schedule of budgetary execution, on a bimonthly basis, in which the sources and uses of the fund created by this article are set forth. art 72 the emergency social fund shall be made up of: proceeds from collection of the tax on income and benefits of any nature withheld at the source on any type of payments made by the union, including its autarchies and foundations; the portion of the proceeds from collection of the tax on income and benefits of any nature and the tax on credit transactions, foreign exchange operations, insurance, and transactions relating to negotiable instruments and securities, stemming from the changes produced by law no. 8.894 of june 21, 1994, and by laws nos. 8.849 and 8.848 both of january 28, 1994, and later modifications; the portion of the proceeds from collection of the increased social contribution rate on taxpayers' profits referred to in §1 of art. 22 of law n° 8.212 of july 24, 1991, which, during fiscal years 1994 and 1995, as well as the period from january 1, 1996 to june 30, 1997, becomes thirty percent, subject to alteration by ordinary law, maintaining the other rules of law n° 7.689 of december 15, 1988; twenty percent of the proceeds collected from all taxes and assessments of the union, already instituted or to be created, except those provided for in subparagraphs i, ii, iii, observing provisions of §§ 3° and 4°; the portion of the proceeds from collection of the assessment dealt with in complementary law n° 7 of september 7, 1970, owed by legal entities referred to in subparagraph iii of this article, which shall be calculated, during fiscal years 1994 and 1995, as well as in the period from january 1, 1996 to june 30, 1997, by application of a rate of seventy-five hundredths of one percent, subject to alteration by ordinary law, on operational gross receipts, as defined in the legislation on the tax on income and benefits of any nature; other receipts provided for by specific law. the rates and the basis of calculation provided in subparagraphs iii and v shall apply starting from the first day of the month, ninety days after promulgation of this amendment. the portions that subparagraphs i, ii, iii and v deal with shall be previously deducted from the basis of calculation of any constitutional or legal link or participation, not applying to them the provisions of arts. 159, 212 and 239 of the constitution. the portion that subparagraph iv deals with shall be previously deducted from the basis of calculation of the constitutional link or participation provided for in arts. 153, § 5°, 157, ii, and 239 of the constitution. the provision of the prior paragraph shall not apply to the resources provided for in arts. 158, ii, and 159 of the constitution. the portion of the resources stemming from the tax on income and benefits of any nature, destined for the emergency social fund, in the terms of subparagraph ii of this article, shall not exceed five and six-tenths percent of the total amount collected. art 73 the instrument provided for in subparagraph v of art. 59 of the constitution may not be utilized in regulating the emergency social fund. art 74 the union may institute a provisional assessment on the movement or transfer of securities, credits or rights of a financial nature. the rate of the assessment dealt with in this article shall not exceed twenty-five hundredths of one percent, with the executive having the power to reduce it or reestablish it, in whole or in part, under the conditions and limits fixed by law. the provisions of arts. 153, §5° and 154, i, of the constitution do not apply to the assessment dealt with in this article. the proceeds from the collection of the assessment dealt with in this article shall be entirely destined for the national health fund for the financing of health activities and services. exaction of the assessment dealt with in this article shall be subordinated to the provisions of art. 195, § 6° of the constitution and may not be imposed for a period longer than two years. art 75 collection of the provisional assessment on the movement or transfer of securities, credits or rights of a financial nature dealt with in art. 74 is extended for thirty-six months. this assessment was instituted by law no. 9.311 of october 24, 1996, as amended by law no. 9.539 of december 12, 1997, whose duration is also extended for an identical period. observing the provisions of § 6° of art. 195 of the federal constitution, the rate of the assessment shall be thirty-eighth hundredths of one percent in the first twelve months and thirty hundredths in the following months. the executive may reduce the rate totally or partially within the limits here defined. the results of the increase in tax collections stemming from the change in fiscal years 1999, 2000 and 2001 shall be earmarked for the funding of social security. the union is authorized to issue domestic bonds, whose resources shall be earmarked for the funding of health and social security in an amount equivalent to the amount of the collection of the assessment provided for and not realized in 1999. art 76 until december 31, 2023, 30% (thirty percent) of the union’s collection of social assessments (without prejudice to payment of the expenses of the general regime of social security), assessment for intervention in the economic domain, and charges, already instituted or that are created by the referred to date, are unlinked from the agency, fund or expense. repealed. collection of the educational salary assessment referred to in art. 212, §5° of the constitution, shall be excepted from the unlinking referred to in the initial paragraph of this article. repealed. art 76-a until december 31, 2023, the receipts of the states and federal district from taxes, charges and fines, already instituted or that are created by the referred to date, as well as their surcharges and respective legal increments and other current receipts, are unlinked from the agency, fund or expense. sole paragraph the following are exceptions from the unlinking dealt with in the initial paragraph: resources destined for the financing of public health actions and services and the maintenance and development of teaching dealt with respectively in subparagraphs ii and iii of §2° of art. 198 and art. 212 of the federal constitution. receipts belonging to the counties stemming from transfers provided for in the federal constitution; receipts from social security contributions and health assistance from employees; other mandatory or voluntary transfers between entities of the federation with a destination specified by law; funds instituted by the judiciary, the tribunals of accounts, the public ministry, public defenders, and the procurators-general of the states and the federal district. art 76-b until december 31, 2023, the receipts of the counties from taxes, charges and fines, already instituted or that are created by the referred to date, as well as their surcharges and respective legal increments and other current receipts, are unlinked from the agency, fund or expense. sole paragraph the following are exceptions from the unlinking dealt with in the initial paragraph: resources destined for the financing of public health actions and services and the maintenance and development of teaching dealt with respectively in subparagraphs ii and iii of §2° of art. 198 and art. 212 of the federal constitution. receipts from social security contributions and health assistance from employees; mandatory or voluntary transfers between entities of the federation with a destination specified by law; funds instituted by the county’s tribunal of accounts. art 77 until the fiscal year 2004, the minimum resources applied in public health activities and services shall be equivalent to: in the case of the union: in the year 2000, the amount employed in public health activities and services in fiscal year 1999, increased by a minimum of five percent; in the years 2001 to 2004, the value determined for the prior year, corrected by the nominal variation in the gross internal product (pib); in the cases of the states and the federal district, twelve percent of the amount of the tax collections referred to in art. 155 and the resources dealt with in arts. 157 and 159, subparagraph i, a, and subparagraph ii, deducting the amounts transferred to the respective counties; and in the case of the counties and the federal district, fifteen percent of the amount of the tax collections referred to in art. 156 and the resources dealt with in arts. 158 and 159, subparagraph i, b, and § 3°. states, the federal district and counties applying lesser percentages than those fixed in subparagraphs ii and iii must gradually elevate these percentages by fiscal year 2004, reducing the difference by at least by one-fifth annually, so that starting in 2000, their applications shall be at least seven percent. from the resources of the union determined in accordance with this article, a minimum of fifteen percent shall be applied to basic health activities and services in the counties according to population, as provided by law. the resources of states, the federal district and counties destined for public health activities and services and those transferred by the union for the same purpose shall be applied by means of the health fund, which shall be accompanied and supervised by the health council, without prejudice to the provisions of art. 74 of the federal constitution. in the absence of the complementary law referred to in art. 198, § 3°, starting in fiscal year 2005, the union, states, federal district and counties shall apply the provisions of this article. art 78 except for the credits defined by law as small amounts, those of a support nature, those dealt with in art. 33 of the transitional constitutional provisions act and their complementary provisions, and those that have had their respective funds liberated or deposited with the court, the judicial orders of payment pending on the date of the promulgation of this amendment and those stemming from initial actions adjudicated by december 31st, 1999, shall be liquidated in currency at their real value, plus legal interest, in annual equal and successive installments over a maximum period of ten years. these credits may be assigned. at the discretion of the creditor, the installment may be broken down into parts. if not liquidated by the end of the referred to fiscal year, the annual installments referred to in the heading of this article may be used for payment of the debtor entity's taxes. the period referred to in the heading of this article shall be reduced by two years in cases of judicial orders of payment arising from expropriation of the creditor's residential real property, provided that this was duly proven to be the condemnee's only property at the time of turning over possession. at the request of the creditor, the president of the competent tribunal shall require or determine the attachment of financial resources of the entity against which execution has been made, in an amount sufficient to satisfy the installment, whenever the period has past, or if there is an omission in the budget or a failure to respect the right of precedence. art 79 the fund for the combat and eradication of poverty is created within the sphere of the federal executive, effective until the year 2010* [extended indefinitely by amendment no. 67 of dec. 22, 2010]. the fund is to be regulated by a complementary law whose purpose is to make it viable for all brazilians to have access to dignified levels of subsistence. the fund's resources shall be applied to supplement nutrition, housing, education, health, reinforcement of family income and other social interest programs designed to improve the quality of life. sole paragraph the fund provided for in this article shall have an accompanying consultative council with participation by representatives of civil society, as provided for by law. art 80 the fund for the combat and eradication of poverty shall consist of: a portion of the product of tax receipts corresponding to a surtax of eight hundredths of one percent, applicable from june 18, 2000 to june 17, 2002, on the social contribution rate set out in art. 75 of the transitional constitutional provisions act; the part of the product of tax receipts corresponding to a surtax of five percentage points on the tax on industrialized products (ipi) rate, or any tax that may replace it, incident upon superfluous products and applicable until the extinction of the fund; the product of the receipts of the tax set out in art. 153, subparagraph vii of the constitution; budgetary appropriations; donations of whatever nature from individuals or legal entities, national or foreign; other receipts to be defined in the regulations of this fund. the provisions of arts. 159 and 167, subparagraph iv of the constitution, as well as any other unlinking of budgetary resources, do not apply to the resources that make up the fund dealt with in this article. during the period between june 18, 2000 and the entry into force of the complementary law referred to in art. 79, the receipts stemming from the provisions of subparagraph i of this article shall be totally repassed to the fund, preserving its real value in federal public securities, progressively redeemable after june 18, 2000, as provided for by law. art 81 a fund is created, constituted with the resources received by the union from privatization of mixed-capital companies or firms controlled, either directly or indirectly, by the state, when the operation involves alienation of respective shareholder control to a person or entity that is not a part of the public administration, or the shareholder participation remaining after alienation. starting on june 18, 2002, the earnings generated by this fund shall revert to the fund for the combat and eradication of poverty. in case the amount actually provided for in the earnings transferred to the fund for the combat and eradication of poverty, in accordance with this article, is less than four billion reais, the difference shall be completed in the form of art. 80, subparagraph iv, of the transitional constitutional provisions act. without prejudice to the provision of § 1°, the executive shall earmark for the fund referred to in this article other receipts stemming from alienation of property of the union. organization of the fund referred to in the heading, transference of resources to the fund for the combat and eradication of poverty, and the other provisions referring to § 1° of this article shall be regulated by law. the provision of art. 165, § 9°, subparagraph ii of the constitution shall not be applied. art 82 the states, the federal district, and the counties shall institute funds for the combat of poverty, with the resources dealt with in this article and others that shall come to be earmarked for them. these funds shall be managed by entities in which civil society participates. for financing of state and district funds, a surcharge of up to two percentage points may be created on the rate for the tax on the circulation of merchandise and services (icms) on superfluous products and services and in the conditions defined in the complementary law dealt with in art. 155, § 2°, xii, of the constitution. the provision of art. 158, iv of the constitution does not apply to this percentage. for financing of county funds, a surcharge may be created of up to one-half of one percent on the rate of the tax on services, or the tax that may replace it, on superfluous services. art 83 federal law shall define the superfluous products and services referred to in arts. 80, ii, and 82, § 2°. art 84 the provisional assessment on transactions or transference of securities, credits or rights of a financial nature, provided for in arts. 74, 75 and 80, i, of this transitional constitutional provisions act, shall be collected until december 31, 2004. the efficacy of law no. 9.311 of october 24, 1996, as modified, shall be extended until the date referred to in the heading of this article. the proceeds from the collection of the social assessment dealt with in this article shall be destined, in corresponding part, at the rate of: twenty one-hundredths of one percent to the national health fund for the financing of health activities and services; ten one-hundredths of one percent to funding social security; eight one-hundredths of one percent to the fund for the combat and eradication of poverty dealt with in arts. 80 and 81 of this transitional constitutional provisions act. the rate of the assessment dealt with in this article shall be: thirty-eighth one-hundredths of one percent in the fiscal years 2002 and 2003; revoked. art 85 as of the thirtieth day from the publication date of this constitutional amendment, the assessment referred to in art. 84 of this transitional constitutional provisions act shall not be imposed on these transactions: on current deposit accounts, specially opened and exclusively utilized for transactions of: clearing houses and those rendering services of clearing and liquidation dealt with in the sole paragraph of art. 2 of law no. 10.214 of march 27, 2001; securitization companies dealt with by law no. 9.514 of november 20, 1997; stock corporations with the exclusive purpose of acquisition of credits from financial market transactions; deposits to checking accounts relating to: transactions for the purchase or sale of shares, performed in places or systems of negotiation on stock markets or on the organized over-the-counter market; contracts tied to shares or share indexes, in their diverse modalities, negotiated on stock markets, for merchandise or for futures; foreign investors' accounts relating to entry into the country and remittances abroad of financial resources employed exclusively in transactions and contracts referred to in subparagraph ii of this article. the executive shall regulate the provisions of this article in a period of thirty days from the publication date of this constitutional amendment. the provisions of subparagraph i of this article shall apply only to transactions set out in an act of the executive from among those that constitute the social object of the referred to entities. the provisions in subparagraph ii of this article shall apply only to operations and contracts carried out by means of financial institutions, securities brokers or distributors, and commodities' brokers. art 86 debts of the federal, state, district or county treasuries stemming from final non-appealable judgments shall be paid in accordance with the provisions of art. 100 of the federal constitution. the rule of installment payments established in the heading of art. 78 of this transitional constitutional provisions act shall not apply to them if they cumulatively meet the following conditions: judicial orders of payment have been issued for them; they meet the definition of small value in the law dealing with § 3° of art. 100 of the federal constitution or by art. 87 of this transitional constitutional provisions act; they are awaiting payment, totally or partially, on the publication date of this constitutional amendment. the debts referred to in the heading of this article, or their respective balances, shall be paid in the chronological order of presentation of their respective judicial orders of payment with precedence given to those of the greatest value. the debts referred to in the heading of this article that have still not been partially paid in the terms of art. 78 of this transitional constitutional provisions act may be paid in two annual installments if the law so provides. observing the chronological order of presentation, the debts of a support nature provided for in this article shall have precedence for payment over all others. art 87 until the official publication of the respective definitive laws by entities of the federation, for the purposes of § 3° of art. 100 of the federal constitution and art. 78 of this transitional constitutional provisions act, observing the provisions of § 4° of art. 100 of the federal constitution, debts or obligations consigned in a judicial order of payment shall be considered of small value when they have a value equal or inferior to: forty minimum wages, if against the treasury of the states and the federal district; thirty minimum wages, if against the treasury of the counties. sole paragraph if the value of the execution exceeds what has been established in this article, payment shall always be made by means of a judicial order of payment, but the party seeking execution has the option of waiving credit for the value in excess thereof in order to opt for payment of the balance without a judicial order of payment in the manner provided for in § 3° of art. 100. art 88 so long as a complementary law does not regulate the provisions of subparagraphs i and iii of § 3° of art. 156 of the federal constitution, the tax referred to in subparagraph iii of the heading of the same article: shall have a minimum rate of two percent except for services referred to items 32, 33 and 34 of the list of services attached to decree law no. 406 of december 31, 1968; shall not be subject to concession of exemptions, incentives or benefits that result, directly or indirectly, in reduction of the minimum rate established in subparagraph i. art 89 career members of the military police and municipal employees of the ex-federal territory of rondônia, who duly prove that in the regular exercise of their functions they performed services in that ex-territory on the date it was transformed into a state, as well as the employees and military police covered by the provisions of art. 36 of complementary law no. 41 of december 22, 1981, and those regularly admitted into the personnel of the state of rondônia prior to the date of the taking of office by the first elected governor, on march 15, 1987, shall constitute, via option, terminated personnel of the federal administration, assuring the rights and advantages inherent therein, prohibiting payment in any respect for remuneratory differences. the members of the military police shall continue to perform services to the state of rondônia, in the condition of assignees, submitted to the military police corporations, observing the powers of their functions compatible with their degree in the hierarchy. the employees referred to in the heading shall continue performing services to the state of rondônia in the condition of assignees, until their approval by an organ or entity of the direct federal administration, autarchy or foundation. art 90 the period provided for in the heading of art. 84 of this transitional constitutional provisions act shall be extended until december 31, 2007. the period in which law 9.311 of october 24, 1996, as modified, is in force shall be extended until the date referred to in this article's heading. until the date referred to in this article's heading, the rate of the contribution dealt with in art. 84 of this transitional constitutional provisions act shall be thirty-eight one-hundredths of one percent. art 91 the union shall turn over to the states and the federal district the amount defined in a complementary law, in accordance with the criteria, periods and conditions determined therein, being able to consider primary and semi-manufactured product exports, the relation between exports and imports, the credits stemming from purchases destined for fixed assets and the effect of maintenance and approval of a credit for the tax referred to in art. 155, § 2°, x, a. from the amount of resources allocated to each state, seventy-five percent belongs to the state itself, and twenty-five percent to its counties, distributed in accordance with the criteria referred to in art. 158, sole paragraph, of the constitution. delivery of the resources provided for in this article shall continue, in accordance with the definitions of a complementary law, until at least eighty percent of the proceeds of the tax referred to in art. 155, ii, is destined for the state where the consumption of the merchandise, goods or services occurs. until the complementary law dealt with in the heading is enacted, in substitution for the resource allocation system provided therein, the resource allocation system provided for in art. 31 in the annex of the complementary law no. 87 of september 13, 1996, with the wording given to it by complementary law no. 115 of december 26, 2002, shall remain in force. the states and the federal district shall present to the union, in accordance with instructions issued by the ministry of the treasury, information relating to the tax dealt with in art. 155, ii, declared by taxpayers that carry out transactions or perform services destined for abroad. art 92 the period fixed in art. 40 of this transitional constitutional provisions act shall be increased by ten years. art 92-a the period fixed by art. 92 of the transitional constitutional provisions act is increased by 50 (fifty) years. art 93 the provisions of art. 159, iii, and § 4° shall go into force only after enactment of the law dealing with the referred to subparagraph iii. art 94 the special regimes for taxation of micro-firms and small firms belonging to the union, states, federal district and counties shall cease upon the entry into force of the regime provided for in art. 146, iii, d, of the constitution. art 95 those born abroad between june 7, 1994, and the date of promulgation of this constitutional amendment, who are children of a brazilian father or mother, may be registered at the appropriate brazilian embassy or consulate or, if they come to reside in the federative republic of brazil, at a registry office. art 96 the acts of creation, merger, incorporation and dismantling of counties whose laws have been published by december 31, 2006, are validated, taking into account the requirements established in the respective state legislation at the time of their creation. art 97 until the complementary law dealt with in § 15° of art. 100 of the federal constitution is enacted, the states, federal district and counties that, on the date of the publication of this constitutional amendment, have failed to pay past due precatórios with respect to their direct and indirect administration, including those issued during the period of the special regime instituted by this article, shall make these payments in accordance with the norms that are established below. the provisions in art. 100 of this federal constitution are inapplicable except for §§ 2°, 3°, 9°, 10°, 11°, 12°, 13° and 14°, without prejudice to agreements from conciliatory transactions already formalized on the date of the promulgation of this constitutional amendment. by an executive act, the states, federal district and counties subject to the special regime with which this article deals may opt: for deposit in a special account the amount referred to in § 2° of this article; or for adoption of a special regime for a period of up to (15) fifteen years, in which case the percentage to be deposited in this special account referred to in § 2° of this article shall correspond annually to the total amount of the precatórios owed, increased by the official index for basic remuneration in the savings accounts and simple interest at the same percentage rate as interest paid on savings account for the purposes of compensation for delay, excluding the incidence of compensatory interest, diminished by the amortizations and divided by the number of years remaining in the special regime of payment. in order to pay off the precatórios, whether past due or coming due, by the special regime, the states, federal district and counties that owe them shall deposit monthly, in a special account created for such purpose, 1/12 (one-twelfth) of the amount calculated in percentage terms of their respective current liquid receipts, determined in the second month prior to the month of payment. this percentage, calculated at the moment of option for the regime and maintained fixed until the final period to which § 14° of this article refers, shall be: for the states and for the federal district: a minimum 1.5% (one and one-half percent), for states in the regions of the north, northeast and the center-west, as well as the federal district, or for those states whose stock of pending precatórios for their direct and indirect administrations amounts to up to 35% (thirty-five) percent of current net receipts; a minimum of 2% (two percent) for states in the regions of the south and southeast whose stock of pending precatórios for their direct and indirect administrations amounts to more than 35% (thirty-five percent) of their total current net receipts. for the counties: a minimum 1% (one percent) for counties in the regions of the north, northeast and center-west or whose stock of pending precatórios of their direct and indirect administrations amounts to more than 35% (thirty-five percent) of current net receipts; a minimum 1.5% (one and one-half percent) for the counties of the regions of the south and southeast whose stock of pending precatórios for their direct and indirect administration amounts to more than 35% (thirty-five percent) of their current net receipts. for the purposes of this article, current net receipts shall be understood as the sum of receipts from taxes, patrimony, industry, fish farming, contributions and services, current transfers and other current receipts, including those stemming from § 1° of art. 20 of the federal constitution, verified in the period including the reference month and the 11 (eleven) prior months, excluding duplications, and deducting: for states, payments delivered to the counties by constitutional determination; for states, federal district and counties, the contribution for their employees to funding their system of social security and social assistance, and receipts stemming from financial compensation referred to in § 9° of art. 201 of the federal constitution. the special accounts dealt with in §§ 1° and 2° shall be administered by the local tribunal of justice for payment of precatórios issued by the tribunals. the resources deposited in the special accounts dealt with in §§ 1° and 2° of this article may not be returned to the debtor states, federal district and counties. at least 50% (fifty percent) of the resources dealt with in §§ 1° and 2° of this article shall be utilized for the payment precatórios in the chronological order of presentation, respecting the preferences defined in § 1°, for requisitions from the same year and in § 2° of art. 100, for requisitions for all years. in cases in which one cannot establish the chronological precedence between two precatórios, the precatório of lesser value shall be paid first. application of the remaining resources shall depend upon the option exercised by executive act by the debtor states, federal district and counties, obeying the following form, which may be applied in isolation or simultaneously: destined for payment of precatórios by auction; destined for the payment on sight of precatórios that were not paid in the form of § 6° and subparagraph i, in the sole order of the increasing value of the precatório; destined for payment in direct agreement with the creditors in the form established by the debtor entity’s own law, which may provide for the creation and form of functioning of a chamber of conciliation. the auctions referred to in subparagraph i of § 8° of this article: shall be realized by means of an electronic system by an entity authorized by the securities and exchange commission or by the central bank of brazil; shall permit proof of precatórios, or part of each precatório indicated by its owner, with respect to which there is not pending in the judiciary an appeal or challenge of any nature, permitted by initiative of the executive for compensation of liquid and certain debts, whether inscribed or not in the active debt and constituted against the original debtor by the debtor’s public treasury until the date of the expedition of the precatório, except for those whose execution is suspended in the terms of legislation, or which has been discounted in the terms of § 9° of art. 100 of the federal constitution; shall occur by means of a public offer to all creditors qualified by the respective debtor federative entity; considered automatically qualified by the creditor who satisfies or is included in subparagraph ii; shall be realized as many times as necessary in function of the amount available; competition for the part of the total value shall occur at the criterion of the creditor, as a discount on its value; the type of discount may be associated with the highest volume offered cumulatively or not with the highest percentage discount; a maximum value may be fixed by the creditor, or by other criteria to be defined in the invitation to bid; the mechanism for the formation of price shall be set out in the invitation to bid published for each auction; partial payment a precatório shall be confirmed by the respective tribunal that issued it. in the case of the failure to liberate the resources dealt with in subparagraph ii of § 1°, and §§ 2° and 6° of this article in a timely fashion; an amount in the accounts of the debtor states, federal district and counties shall be attached by order of the president of the tribunal referred to in § 4° up to the limit of the value that was not liberated; alternatively, there may be constituted, by order of the president of the requested tribunal, in favor of the creditors of the precatórios and against the owing states, federal district and counties, a liquid and certain right, that may be applied automatically and independent of regulation, to compensate automatically liquid debits levied by the latter against the former; if there is a balance in favor of the creditor, the value shall be automatically utilized to satisfy payment of taxes of the owing state, federal district and counties, until they are compensated; the head of the executive shall respond in the form of the legislation for fiscal liability and improper administration; so long as the omission continues, the debtor entity; may not contract a foreign or domestic loan; shall be impeded from receiving voluntary tranferences; the union shall retain the amounts it is to transfer with respect to the fund of participation of the states and the federal district and the fund of participation of the counties, and shall deposit those amounts in special accounts referred to in § 1°; utilization shall obey what has been provided for in § 5°, both sections refer to this article. in the case of precatórios relating to several creditors suing jointly, apportioning of the amount is permitted by the tribunal that issued the precatório and shall award the creditor the portion of the total value to which he has a right, not applying in the case the rule of § 3° of art. 100 of the federal constitution. if the law to which § 4° of art.100 refers is not published within 180 (one hundred and eighty) days, counting from the date of publication of this constitutional amendment, for the referred to purposes, with respect to the debtor states, federal district and counties, the omitted regulatory value shall be considered as: 40 (forty) minimum wages for the states and for the federal district; 30 (thirty) minimum wages for the counties. when debtor states, federal district and counties are paying off precatórios under the special regime, they are immune from attachment except in the case of failure to liberate in a timely fashion the resources referred to in subparagraph ii of §§ 1° and 2° of this article. the special regime for paying precatórios provided for in subparagraph i of § 1° shall be in force so long as the value of the precatórios owed is superior to the value of the resources linked under the terms of § 2°, both in this article, or for a fixed period of up to 15 (fifteen) years, in the case of the option provided for in subparagraph ii of § 1°. the precatórios that are being paid in installments in the form of art. 33 or of art. 78 of this transitional constitutional provisions act and are still pending for payment shall enter the special regime with an updated value of the unpaid installments relative to each precatório, as well as the balance of the judicial and extra-judicial accords. starting with the promulgation of this constitutional amendment, updating the requisitioned amounts, until the date of effective payment, regardless of their nature, shall be made by the official index for basic remuneration in savings accounts, and for the purposes of compensation for delay, shall bear simple interest at the same percentage as interest paid by savings accounts. compensatory interest shall be excluded. the amount that exceeds the limit provided for in § 2° of art. 100 of the federal constitution shall be paid, during the period the special regime is in force, in the manner provided for in §§ 6° and 7° or in subparagraphs i, ii and iii of § 8° of this article. the amounts spent to comply with the provisions of § 2° of art. 100 of the federal constitution shall be computed for the effects of § 6° of this article. while the special regime to which this article refers is in force, original holders of precatórios who are older than 60 (sixty) years on the date of the promulgation of this amendment shall also have the preference referred to in § 6°. art 98 the number of public defenders in the jurisdictional unit shall be proportional to the effective demand for the services of the public defender’s office and the respective population. within a period of 8 (eight) years, the union, the states, and the federal district shall have public defenders in all jurisdictional units, observing the provisions of the initial paragraph of this article. during the course of the period provided for in §1° of this article, the assignment of public defenders shall prioritize the needs of regions with the highest indices of social exclusion and population density. art 99 for the purposes of the provision in subparagraph vii of § 20 of art. 155, in the case of transactions and performances that send goods and services to a non-taxpayer final consumer located in another state, the tax corresponding to the difference between the internal rate and the interstate rate shall be split between the states of origin and destination, in the following proportion: for the year 2015: 20% (twenty percent) for the destination state and 80% (eighty percent) for the originating state; for the year 2016: 40% (twenty percent) for the destination state and 60% (eighty percent) for the originating state; for the year 2017: 60% (twenty percent) for the destination state and 40% (forty percent) for the originating state; for the year 2018: 80% (eighty percent) for the destination state and 20% (twenty percent) for the originating state; starting in the year 2019: 100% (one hundred percent) for the destination state. art 100 until the entry into force of the complementary law dealt with in subparagraph ii of § l° of art. 40 of the federal constitution, the ministers of the supreme federal tribunal, of the superior tribunals and the tribunal of accounts of the union shall compulsorily retire at age 75 (seventy-five) years of age, in the conditions of art. 52 of the federal constitution. art 101 the states, the federal district, and the counties that were in default on the payment of their judicial orders of payment on march 25, 2015, shall pay off these overdue debts by december 31, 2020, as well as those debts that become due during this period, depositing monthly in a special account in the local tribunal of justice, under the sole and exclusive administration of this tribunal, 1/12 (one-twelfth) of the calculated percentage value of their respective current net receipts, determined in the second month prior to the month of payment, in a percentage sufficient for the satisfaction of their debts and, even though variable, never less than in each financial year the average of the compromised percentage of the current net receipts in the period from 2012 to 2014, in conformity with a plan for payment to be presented annually to the local tribunal of justice. for the purposes of this article, current net receipts means the sum of receipts from taxes, patrimony, industry, agriculture, and cattle raising; from contributions and services; from current transfers and other current receipts, including those stemming from §1° of art. 20 of the federal constitution, verified in the included period by the second month immediately prior to the referred month and the 11 (eleven) preceding months, excluding duplicates, and deducting: from the states, the amounts delivered to the counties by constitutional determination; from the states, the federal district and the counties, the employees’ contribution for the cost of their system of social security and social assistance and the receipts stemming from the financial compensation referred to in §9° of art. 201 of the federal constitution. the debts from the judicial orders of payment may be paid through utilization of their own budgetary resources and the following instruments: up to 75% (seventy-five percent) of the amount of the judicial and administrative cash deposits with reference to judicial or administrative proceedings, be they tax or non-tax, in which the state, federal district, or the counties, or their autarchies, foundations, or dependent state enterprises, are parties; up to 20% (twenty percent) of other judicial deposits in the locality, under the jurisdiction of the respective tribunal of justice, with the exception of those destined for the satisfaction of credits of a support nature, through institution of a guarantee fund consisting of the remainder of the judicial deposits, destined for: in the case of the federal district, 100% (one hundred percent) of these resources of the federal district itself; in the case of the states, 50% (fifty percent) of the resources of the state itself and 50% (fifty percent) of its counties; contracting of loans, exempted from the limits on indebtedness dealt with in subparagraphs vi and vii of art. 52 of the federal constitution and any other limits on indebtedness provided for, with the prohibition against linking of revenues provided for in subparagraph iv of art. 167 of the federal constitution being inapplicable. art 102 so long as the special regime provided for in this constitutional amendment is in force, at least 50% (fifty percent) of the resources which, in the terms of art. 101 of this transitional constitutional provisions act, are destined for satisfaction of judicial orders of payment in default shall be utilized for their payment in accordance with the chronological order of presentation, respecting the preferences of support creditors and those with respect to age, state of health, and handicaps in the terms of §2° of art. 100 of the federal constitution, over all the other credits for all years. sole paragraph application of the rest of the resources, at the option of the states, federal district and counties, by act of their respective executives, observing the order of preferences of creditors, may be destined for payment through direct settlements, via the auxiliary courts for settlement of judicial orders of payment, with a maximum reduction of 40% (forty percent) of the value of the updated credit, so long as no appeal or judicial defense is pending with respect to the credit and that the requirements set forth in the regulations issued by the federative entity are observed. art 103 so long as the states, federal district and counties are effectuating payment of the monthly amounts owed as provided in the heading of art. 101 of this transitional constitutional provisions act, neither they, nor their respective dependent autarchies, foundations, or state enterprises may suffer seizure of assets, except for failure to release resources on time. art 104 if the resources referred to in art. 101 of this transitional constitutional provisions act for the satisfaction of judicial orders of payment are not released on time, either in whole or in part: the president of the local tribunal of justice shall determine the seizure of the accounts of the noncompliant federative entity, up to the limit of the unreleased amounts; the head of the executive of the non-compliant federative entity shall be charged in the form of the legislation for fiscal liability and administrative impropriety; the union shall retain the resources referring to the repasses to the fund of participation of the states and the federal district and the fund of participation of the counties and shall deposit them in a special account referred to in art. 101 of this transitional constitutional provisions act, for utilization as provided therein; the states shall retain the repasses provided for in the sole paragraph of art. 158 of the federal constitution and deposit them in a special account referred to in art. 101 of this transitional constitutional provisions act, for utilization as provided therein; sole paragraph so long as the omission persists, the federative entity may not contract foreign or domestic loans, except for the purposes provided for in §2° of art. 101 of this transitional constitutional provisions act, and shall be prohibited from receiving voluntary transfers. art 105 so long as the regime for payment of judicial orders of payment provided for in at. 101 of this transitional constitutional provisions act remains in force, creditors of judicial orders of payment, whether their own or of third parties, may use them as a setoff for tax debts or other kinds of debts that by march 25, 2015, have been inscribed in the active debt of the states, the federal district or the counties, observing the requirements defined in the federative entity’s own law. sole paragraph any type of linking, such as transferences to other entities and those destined to education, health or purposes, shall not apply to the setoffs referred to in the heading of this article. art 106 the new fiscal regime is instituted in the ambit of fiscal budgets and the union’s social security and shall be in force for twenty fiscal years, in the terms of arts. 107 to 111 of this transitional constitutional provisions act. art 107 in each fiscal year individualized limits are established for primary expenses: of the executive power; of the supreme federal tribunal, the superior tribunal of justice, the national council of justice, labor justice, federal justice, military justice of the union, electoral justice and the justice of the federal district and territories, in the ambit of the judicial power; of the federal senate, the chamber of deputies and the tribunal of accounts of the union, in the ambit of the legislative power; of the public ministry of the union and the national council of the public ministry; and in the public defender of the union. each of the limits to which the heading of this article refers shall be equivalent to: for fiscal year 2017, the primary expenses paid in fiscal year 2016, including expenses incurred but not yet paid, payments, and other operations that affect the primary result, corrected by 7.2% (seven and two tenths percent); and for later fiscal years, to the value of the limit referring to the immediately preceding fiscal year, corrected by the variation in the national ample consumer price index-ipca, published by the brazilian institute of geography and statistics, or another index that may be substituted for it, for the period of twelve months, ending in june of the prior fiscal year to which the budgetary law refers. the limits established in subparagraph iv of the heading of art. 51, in subparagraph xiii of the heading of art. 52, in §3° of art. 127 and in §3° of art. 134 of the federal constitution may not be higher than those established by the terms of this article. the orientation message of the draft of the budgetary law shall display the maximum values of programming compatible with the individualized limits calculated in the manner of §1° of this article, observing §§7° and 9° of this article. the primary expenses authorized in the annual budgetary law subject to the limits dealt with in this article may not exceed the maximum values shown in the terms of §3° of this article. it is prohibited to open supplemental or special credits that increase the authorized total amount of primary expenses subject to the limits dealt with in this article. one does not include in the basis of calculation and the limits established in this article: constitutional transferences established in §1° of art. 20, in subparagraph iii of the sole paragraph of art. 146, in §5° of art. 153, in art. 157, in subparagraphs i and ii of art. 158, in art. 159 and in §6° of art. 212, the expenses referred to in subparagraph xiv of the heading of art. 21, all in the federal constitution, and the complements dealt with in subparagraphs v and vii of the heading of art. 60 of this transitional constitutional provisions act; extraordinary credits referred to in §3° of art. 167 of the federal constitution; non-recurring expenses of electoral justice with holding elections; and expenses with the increase in capital of nondependent state firms. in the first three fiscal years in which the new fiscal regime is in force, the executive may compensate with an equivalent reduction in its primary expenses, consistent with the values established in the draft of the budgetary law sent by the executive in the respective fiscal year, the excess of primary expenses in relation to the limits dealt with in subparagraphs ii to v of the heading of this article. the compensation dealt with in §7° of this article shall not exceed .25% (twenty-five hundreds of one percent) of the limits of the executive. respecting the sum of each one of the subparagraphs ii to iv of the heading of this article, the law of budgetary directives shall provide for the compensation between the individualized limits of the organs set forth in each subparagraph. for the purposes of verification of compliance with the limits dealt with in this article, primary expenses paid, expenses incurred but not yet paid, payments, and other operations that affect the primary result shall be considered. payment of expenses incurred by december 31, 2015, but not yet paid may be excluded from verification of compliance with the limits dealt with in this article, up to the excess of the primary result of the fiscal budget and the social security budget for the fiscal year in relation to the goal fixed in the law of budgetary directives. art 108 starting in the tenth fiscal year of the new fiscal regime, the president of the republic may propose a draft of a complementary law for alteration of the method of correction of the limits referred to in subparagraph ii of §1° of art. 107 of this transitional constitutional provisions act. sole paragraph only one alteration of the method of correction of the limits shall be permitted in a presidential mandate. art 109 in the case of noncompliance with an individualized limit, the following prohibitions shall be applied to the executive or the organs designated in subparagraphs ii to v of the heading of art. 107 of this transitional constitutional provisions act that failed to comply, until the end of the fiscal year in which expenses return to their respective limits, without prejudice to other measures: concession, by whatever title, of an advantage, increase, readjustment or adjustment of remuneration of members of the branch or organ, of civil servants or public employees and military, except those derived from a final and non-appealable judicial judgment or a legal determination stemming from acts prior to the entry into force of this constitutional amendment; creation of a position, job or assignment that implies an expense increase; alteration of a career structure that implies an expense increase; admission or contracting of personnel, of whatever title, except for replacement of positions of command or management that do not bring with them an increase in expense or those stemming from vacancies in permanent or lifetime positions; holding of public competitions, except for replacement of vacancies provided for in subparagraph iv; creation or increase in aid, advantages, bonuses, allowances, entertainment allowances, or benefits of whatever nature in favor of members of the branch, the public ministry or the public defender, civil servants, public employees and military; creation of obligatory expenses; adoption of a measure that implies a readjustment of obligatory expenses above the variation of inflation, observing the preservation of purchasing power referred to subparagraph iv of the heading to art. 7 of the federal constitution. whenever any of the individualized limits on the organs designated in subparagraphs ii, iii, and iv of the heading of art. 107 of the transitional constitutional provisions act is not complied with, the prohibitions provided for in subparagraphs i, iii and vi of the heading apply to the entire group of organs referred to in each subparagraph. in addition to what is provided in the heading, in case of noncompliance with the limits set out in subparagraph i of the heading to art. 107 of this transitional constitutional provisions act, the following are prohibited: creation or expansion of programs and lines of financing, as well as the forgiveness, renegotiation, or refinancing of debts that involve increasing of expenses with subsidies and grants; and concession or increase in tax incentives or benefits. in case of noncompliance with any of the individualized limits set out in the heading of art. 107 of this transitional constitutional provisions act, concession of the general revision provided for in subparagraph x of the heading to art. 37 of the federal constitution is prohibited. the prohibitions provided for in this article also apply to legislative proposals. art 110 during the time the new fiscal regime is in force, the minimum applications in public health activities and services and in the maintenance and development of education shall be equal to: in fiscal year 2017, the minimum applications calculated in accordance with subparagraph i of §2° of art. 198 and the heading of art. 212 of the federal constitution; and in later fiscal years, the values calculated for minimum applications in the immediately prior fiscal year, corrected in the manner established by subparagraph ii of §1° of art. 107 of this transitional constitutional provisions act. art 111 from fiscal year 2018 until the last fiscal year that the new fiscal regime is in force, the approval and execution provided for in §§9° and 11 of art. 166 of the federal constitution shall correspond to the amount for mandatory execution for fiscal year 2017, corrected in the manner established by subparagraph ii of §1° of art. 107 of this transitional constitutional provisions act. art 112 the provisions introduced by the new fiscal regime: do not constitute an obligation for future payment by the union or rights of others on the treasury; and do not revoke, dispense with or suspend compliance with constitutional and legal provisions that deal with fiscal goals or maximum limits on expenses. art 113 a legislative proposal that creates or alters mandatory expenses or renounces receipts shall be accompanied by an estimate of its budgetary and financial effects. art 114 transmission of the legislative proposals designated in the heading of art. 59 of the federal constitution, with the exception of that referred to in subparagraph v, whenever they occasion an increase in expenses or renunciation of receipts, shall be suspended for up to twenty days, at the request of one fifth of the members of the chamber, in accordance with its internal regulations, for analysis of its compatibility with the new fiscal regime. preamble we, the people of nepal, in exercise of the sovereign powers inherent in us, embracing the sovereign right of the people and the right to autonomy and self-rule, by maintaining nepal’s independence, sovereignty, geographical integrity, national unity, freedom and dignity, remembering the glorious history of historical peoples’ movements and armed struggles time and again and the sacrifice made by people for national interest, democracy, progressive change, and recognizing the martyrs, the disappeared citizens and the victims, ending all forms of discriminations and oppression created by the feudal, autocratic, centralized and unitary system, embracing multi-caste, multi-lingual, multi-cultural and diverse geographical specificities, by ending discriminations relating to class, caste, region, language, religion and gender discrimination including all forms of racial untouchability, in order to protect and promote unity in diversity, social and cultural solidarity, tolerance and harmonious attitudes, we also express our determination to create an egalitarian society on the basis of the principles of proportional inclusion and participation, to ensure equitable economy, prosperity and social justice, expressing commitment to create the bases of socialism by adopting democratic norms and values, including peoples' competitive multi-party democratic governance system, civil liberty, fundamental rights, human rights, adult franchise, periodic elections, complete press freedom and an independent, impartial and competent judiciary, and the concept of rule of law, now therefore, in order to fulfill the aspirations for perpetual peace, good governance, development and prosperity through the medium of federal democratic republican system of governance, hereby promulgate this constitution through the constituent assembly. part 1. preliminary 1. constitution as the fundamental law this constitution is the fundamental law of nepal. all laws inconsistent with this constitution shall, to the extent of such inconsistency, be void. it shall be the duty of every person to uphold this constitution. 2. sovereignty and state authority the sovereignty and state authority of nepal are vested in nepali people. the use of which shall be as provided for in this constitution. 3. nation having multi-ethnic, multi-lingual, multi-religious, multi-cultural characteristics with common aspirations of people living in diverse geographical regions, and being committed to and united by a bond of allegiance to national independence, territorial integrity, national interest and prosperity of nepal, all the nepali people collectively constitute the nation. 4. state of nepal nepal is an independent, indivisible, sovereign, secular, inclusive democratic, socialism-oriented federal democratic republican state. explanation: for the purpose of this article, 'secular' means protection of religion and culture being practiced since ancient times and religious and cultural freedom. the territory of nepal shall comprise: the territory existing at the commencement of this constitution, and such other territory as may be acquired after the commencement of this constitution. 5. national interest independence, sovereignty, territorial integrity, nationality, autonomy, self-respect, protection of rights and interests of nepali people, protection of boundaries, and economic progress and prosperity, shall be the fundamental subjects of nepal’s national interest. act and character against national interest shall be punishable by federal law. 6. language of the nation all the mother tongues spoken in nepal shall be the national language. 7. language of official transaction the nepali language written in devanagiri script shall be the language of official business in nepal. in addition to nepali language, a province shall select one or more national language that is spoken by majority of people in that province as the language of official business, as provided for by the provincial law. other matters concerning language shall be as decided by the government of nepal on the recommendation of the language commission. 8. national flag the national flag of nepal, consists of two juxtaposed triangular figures with a crimson colored base and deep blue borders, there being a white emblem of the crescent moon with eight rays visible out of sixteen in the upper part and a white emblem of a twelve rayed sun in the lower part. the method of drawing the flag and other particulars relating thereto shall be as set out in schedule-1. 9. national anthem, etc. the national anthem of nepal shall be as set out in schedule-2. the coat-of-arms of nepal shall be shall be as set out in schedule-3. the rhododendron arboreum is the national flower, crimson is the national color, the cow is the national animal and the lophophorus is the national bird of nepal. part 2. citizenship 10. not to be denied of citizenship no nepali citizen shall be denied the right to acquire citizenship. there shall be a provision of single federal citizenship with provincial identity in nepal. 11. to be deemed citizen of nepal persons who have acquired citizenship of nepal at the commencement of this constitution and persons who are eligible to acquire citizenship pursuant to this part shall be deemed citizens of nepal. at the commencement of this constitution, the following persons who have their permanent domicile in nepal shall be deemed citizens of nepal by descent: a person who has acquired the citizenship of nepal by descent before the commencement of this constitution. any person whose father or mother was a citizen of nepal at the birth of such person. a child of a citizen who has acquired the citizenship of nepal by birth before the commencement of this constitution, shall acquire the citizenship of nepal by descent after becoming adult if his/her father and mother are both citizens of nepal. every child who is found in nepal and whose parents’ identity is not known shall, until the father or mother of the child is traced, be deemed citizen of nepal by descent. a person, born in nepal to a nepali citizen mother, who has domicile in nepal and whose father is not identified, shall be granted citizenship of nepal by descent. provided that in case his/her father is proved to be a foreign citizen the citizenship of such a person shall be converted into naturalized citizenship as provided for by the federal law. if a foreign woman married to a nepali citizen so wishes, she may acquire naturalized citizenship of nepal as provided for by the federal law. notwithstanding anything contained elsewhere in this article, in case of a person born to a nepali woman citizen married to a foreign citizen, who has permanent domicile in nepal and has not acquired citizenship of a foreign country, he/she may acquire naturalized citizenship of nepal as provided for by the federal law. provided that at the time of acquisition of citizenship, both his/her mother and father are citizens of nepal such person born in nepal may acquire citizenship of nepal by descent. except provided for in this article, the government of nepal may grant naturalized citizenship of nepal as provided for by the federal law. the government of nepal may grant honorary nepali citizenship as provided for by the federal law. in case any territory is acquired by nepal by way of merger, persons having domicile in such territory shall be citizens of nepal subject to federal law. 12. citizenship based on descent and gender identity according to this constitution, a person who acquires citizenship of nepal by descent may obtain citizenship certificate of nepal in the name of his/her mother or father with gender identity. 13. acquisition, re-acquisition and termination of citizenship other provisions relating to the acquisition, re-acquisition and termination of citizenship shall be as provided for by the federal law. 14. non-resident nepali citizenship may be granted a person who has acquired citizenship of a foreign country and who resides in a country other than a country member of south asian association for regional cooperation and who previously himself or herself or his/her father or mother, grandfather or grandmother was a citizen of nepal by descent or by birth and who later acquired the citizenship of a foreign country may be granted non-resident citizenship of nepal allowing him/her to enjoy the economic, social and cultural rights as provided for by the federal law. 15. other provisions related to citizenship of nepal record keeping of each citizen of nepal along with his/her identity and other provisions regarding citizenship of nepal shall be as provided for by the federal law. part 3. fundamental rights and duties 16. right to live with dignity each person shall have the right to live with dignity. no law shall be made for capital punishment. 17. right to freedom except as provided for by law no person shall be deprived of her/his personal liberty. every citizen shall have the following freedoms: freedom of opinion and expression, freedom to assemble peacefully and without arms, freedom to form political party, freedom to form unions and associations, freedom to move and reside in any part of nepal; and freedom to engage in any occupation or be engaged in employment, establish and operate industry, trade and business in any part of nepal. provided that, nothing in section (a) shall be deemed to prevent the making of an act to impose reasonable restrictions on any act which may undermine the nationality, sovereignty, independence and indivisibility of nepal, or federal units, or jeopardizes the harmonious relations subsisting among the people of various caste, ethnicity, religion, or communities, or incites racial discrimination, or untouchability, or disrespects labor, or any act of defamation, or contempt of court, or an incitement of offence, or is contrary to decent public behavior or morality. nothing in section (b) shall be deemed to prevent the making of an act to impose reasonable restrictions on any act which may undermine the nationality, sovereignty, independence and indivisibility of nepal, or jeopardize the harmonious relations between federal units, or public law and order situation. nothing in section (c) shall be deemed to prevent the making of an act to impose reasonable restrictions on any act which may undermine the nationality, sovereignty, indivisibility of nepal, or an act of espionage against the nation, or disclosing national secrets, or helping foreign state or organization that may jeopardize nepal’s security, or an act of treason, or an act that undermines the harmonious relations subsisting between federal units, or instigates communal animosity, or jeopardizes the harmonious relations subsisting among different caste, ethnicity, religious groups and communities, or an act of acquiring or depriving the membership of a political party only on the grounds of caste, language, religion, community or gender, or the formation of a political party that creates discrimination against citizens, or an act that incites violence, or is contrary to decent public behavior . nothing in section (d) shall be deemed to prevent the making of an act to impose reasonable restrictions on any act which may undermine the nationality, sovereignty, indivisibility of nepal, or an act of espionage against the nation, or disclosing national secrets, or helping foreign state or organization that may jeopardize nepal’s security, or an act of treason, or an act that undermines the harmonious relations subsisting between federal units, or instigates communal animosity, or jeopardizes the harmonious relations subsisting among different caste groups, ethnicity, religious groups and communities, or an incitement of violence, or an act which is contrary to public morality. nothing in section (e) shall be deemed to prevent the making of an act to impose reasonable restrictions on any act which may undermine the interest of the general public, or the good relations between federal units, or the harmonious relations subsisting among various caste groups, ethnicity, religious groups or communities, or an act of committing crime or violence, or inciting such acts. nothing in section (f) shall be deemed to prevent the making of an act to impose reasonable restrictions on any act which may undermine the good relations between federal units, or restricting an act which may have negative impact on public health, decent behavior and morality, or the particular industries, trade, business or services which only the state may engage in, or setting conditions or eligibility to engage in industries, trade, business, livelihoods or occupation. 18. right to equality all citizens shall be equal before law. no person shall be denied the equal protection of law. there shall be no discrimination in the application of general laws on the grounds of origin, religion, race, caste, tribe, sex, physical conditions, disability, health condition, matrimonial status, pregnancy, economic condition, language or geographical region, or ideology or any other such grounds. the state shall not discriminate among citizens on grounds of origin, religion, race, caste, tribe, sex, economic condition, language or geographical region, ideology and such other matters. provided that nothing shall be deemed to bar the making of special provisions by law for the protection, empowerment or advancement of the women lagging behind socially and culturally, dalits, adibasi, madhesi, tharus, muslims, oppressed class, backward communities, minorities, marginalized groups, peasants, laborers, youths, children, senior citizens, sexual minorities, persons with disability, pregnant, incapacitated and the helpless persons, and of the citizens who belong to backward regions and financially deprived citizens including the khas arya. explanation: with reference to this part and part 4, “financially deprived” means the person having the income less than prescribed in the federal law. there shall not be any gender discriminations regarding remuneration for the same work and social security. there shall be no gender discrimination regarding the right to parental property with regard to all family members. 19. right to communication there shall be no prior censorship of publications and broadcasting, or information dissemination, or printing of any news item, editorial, article, feature, or other reading material, or the use of audio-visual material by any medium, including electronic publication, broadcasting and printing. provided that nothing shall be deemed to prevent the making of laws to impose reasonable restriction on any act which may undermine the nationality, sovereignty, and indivisibility of nepal, or the good relations between federal units, or jeopardizes the harmonious relations subsisting among different caste groups and tribes, or communities, or an act of treason, or defamation of social dignity of individuals through the publication and dissemination of false material, or contempt of court, or material that incites criminal offence, or an act that is contrary to decent public behavior and morality, or disrespects labor, or incites untouchability or gender discriminations. if there is any broadcasting, publishing or printing, or dissemination of news, article, editorial, feature, or other material through the medium of electronic equipment or the use of visuals or audio-visuals, no radio, television, online publication or any kind of digital or electronic equipment, or press, or other kind of media outlet, shall be closed, seized, or their registration cancelled for publishing, or transmitting, or broadcasting such material. provided that nothing in this clause shall be deemed to prevent the making of acts to regulate radio, television, online or the use of any other kind of digital or electronic equipment, printing press or other medium of communication. no means of communication including the press, electronic broadcasting and telephone shall be obstructed except in accordance with law. 20. right to justice no person shall be detained without being informed of the ground for such an arrest. the person who is arrested shall have the right to consult a legal practitioner of her/his choice and be defended from the time of arrest. the consultations held with the legal practitioner and the advice given thereon shall remain confidential. provided that this clause shall not apply to a citizen of an enemy state. explanation: for the use of this clause “legal practitioner” shall mean a person who has the legal right to represent any person in any court or office. every person who is arrested shall be produced before a judicial authority within a period of twenty-four hours after such arrest, excluding the time necessary for the journey from the time and place of arrest to such authority, and the arrested person shall not be detained in custody beyond the said period except on the order of such authority. provided that this clause shall not apply to a person in preventive detention or to a citizen of an enemy state. no person shall be punished for an act which was not punishable by law when the act was committed, and no person shall be subjected to a punishment greater than that prescribed by law at the time of the offence. no person accused of any offence shall be assumed to be an offender until proven guilty. no person shall be prosecuted or punished for the same offence in a court of law more than once. no person accused of any offence shall be compelled to be a witness against herself/himself. every person undergoing trial shall have the right to be informed about the proceedings of the trial. every person shall be entitled to a fair hearing from an impartial, independent and competent court or judicial authority. an indigent person shall have the right to free legal aid as provided for by law. 21. right of victim of crime the victim of crime shall have the right to be informed about the investigation and proceedings of the case regarding his/her victimization. the victim of crime shall have the right to social rehabilitation and justice with compensation as provided for by law. 22. right against torture no person in detention shall be subjected to physical or mental torture, or be treated in a cruel, inhuman or degrading manner. any such act pursuant to clause (1) shall be punishable by law and a victim of such an act shall have the right to compensation as provided for by law. 23. right against preventive detention no person shall be held under preventive detention unless there is sufficient ground to believe that there exits an immediate threat to the sovereignty and territorial integrity of nepal or public peace and order. family member or close relative of the person in preventive detention pursuant to clause (1) shall have to be immediately informed about his/her condition as provided for by law. provided that this clause shall not be applicable to a citizen of an enemy state. if an official is found to have held any person under preventive detention against the law and with malicious intention, such person shall be entitled for compensation as per the law. 24. right against untouchability and discrimination no person shall be treated with any kind of untouchability or discrimination in any private or public place on grounds of caste, ethnicity, origin, community, occupation, or physical condition. no person belonging to a particular caste or ethnicity shall be prevented from buying an object or getting services or facilities in the process of production of such objects or in the distribution or delivery of services, or no such objects shall be sold to, or facilities or services distributed or delivered to persons belonging to a particular caste or ethnicity only. racial discriminations shall not be encouraged in any way, or there shall not be any behavioral attitude to exhibit high or low status on grounds of a particular caste, ethnicity or community, or physical condition of a person, or there shall not be any behavioral attitude that justifies social discrimination based on caste, ethnicity, or untouchability, or encouragement for the propagation of attitudes based on caste superiority and untouchability, or hatred. there shall not be any racial discrimination in the workplace by indulging or not indulging in untouchability. all forms of untouchability or discrimination contrary to this provision shall be punishable by law as a serious social crime, and the victim of such an act shall have the right to compensation as provided for by law. 25. right to property every citizen shall, subject to laws, have the right to acquire, enjoy own, sell, have professional gains, and otherwise utilize, or dispose of property. explanation: for the purpose of this article, “property” means all type of movable and immovable property and the word also includes intellectual property. provided that the state may impose tax on property and income of a person according to the norms of progressive tax. the state shall not, except in the public interest, acquire, requisition, or create any encumbrance on the property of any person. provided that this clause shall not be applicable to property acquired through illegal means. in the case when the land of a person is acquisitioned by the state according to clause (2), the basis of compensation and the relevant procedure shall be as prescribed by act. the provisions of clauses (2) and (3) shall not obstruct the state in carrying out land reforms, management and regulation by law in order to increase the production and productivity of land, modernize the agriculture and make it professional, environment protection and managed housing and urban development. in case the state has acquired property of any person for public interest pursuant to clause (3), there shall be no hindrance to use such property for any other public interest, other than the public interest for which it has been acquired. 26. right to religious freedom each person shall be free to profess, practice, and preserve his/her religion according to his/her faith. every religious denomination shall, maintaining its independent existence, have the right to manage and protect its religious places and religious trusts in accordance with law. provided that it shall not be deemed to have hindered to make law to operate and protect a religious place or religious trust and to manage trust property and regulate land management. while exercising the right as provided for by this article, no person shall act or make others act in a manner which is contrary to public health, decency and morality, or behave or act or make others act to disturb public law and order situation, or convert a person of one religion to another religion, or disturb the religion of other people. such an act shall be punishable by law. 27. right to information every citizen shall have the right to seek information on any matters of concern to her/him or the public. provided that nothing shall be deemed to compel any person to provide information about which confidentiality is to be maintained according to law. 28. right to privacy except in circumstances provided by law, privacy in relation to the person, and their residence, property, documents, records, statistics and correspondence, and their reputation are inviolable. 29. right against exploitation every person shall have the right against exploitation. no person shall be subjected to any kind of exploitation on the basis of religion, custom, tradition, culture, practices or any other bases. no person shall be subjected to human trafficking or bonded labor, and such an act shall be punishable by law. no person shall be subjected to forced labor. provided that nothing in this clause shall prevent the enactment of a law requiring citizens to be engaged in compulsory service for public purposes. any act contrary to clause (3) and (4) shall be punishable by law and the victim of such an act shall have the right to compensation from the perpetrator. 30. right regarding clean environment each person shall have the right to live in a healthy and clean environment. the victim of environmental pollution and degradation shall have the right to be compensated by the pollutant as provided for by law. provided that this article shall not be deemed to obstruct the making of required legal provisions to strike a balance between environment and development for the use of national development works. 31. right to education every citizen shall have the right to access to basic education. every citizen shall have the right to compulsory and free basic education, and free education up to the secondary level. the physically impaired and citizens who are financially poor shall have the right to free higher education as provided for in law. the visually impaired person shall have the right to free education with the medium of brail script. every nepali community living in nepal shall have the right to acquire education in its mother tongue up to the secondary level, and the right to open and run schools and educational institutions as provided for by law. 32. right to language and culture each person and community shall have the right to use their language. every person and community shall have the right to participate in the cultural life of its community. each community living in nepal shall have the right to preserve and promote its language, script, culture, cultural civilization and heritage. 33. right to employment every citizen shall have the right to employment. terms and conditions of employment and unemployment benefits shall be as determined by federal law. every citizen shall have the right to select employment. 34. right regarding labor every laborer shall have the right to proper work practices. explanation: for the purpose of this article, "laborer" means a worker or laborer who offers physical or mental work for an employer for remuneration. every laborer shall have the right to appropriate remuneration, facilities and contribution-based social security. every laborer shall have the right to form trade union, participate in it, and organize collective bargaining. 35. right to health care every citizen shall have the right to seek basic health care services from the state and no citizen shall be deprived of emergency health care. each person shall have the right to be informed about his/her health condition with regard to health care services. each person shall have equal access to health care. each citizen shall have the right to access to clean water and hygiene. 36. right to food each citizen shall have the right to food. every citizen shall have the right to be protected from a state of starvation, resulting from lack of food stuffs. every citizen shall have the right to food sovereignty as provided for in law. 37. right to housing each citizen shall have the right to appropriate housing. no citizen shall be evicted from the housing owned by him/her, or encroached on the housing, except in accordance with law. 38. right of women every woman shall have equal right to lineage without any gender discriminations. every woman shall have the right relating to safe motherhood and reproductive health. there shall not be any physical, mental, sexual or psychological or any other kind of violence against women, or any kind of oppression based on religious, social and cultural tradition, and other practices. such an act shall be punishable by law and the victim shall have the right to be compensation as provided for in law. women shall have the right to access participate in all state structures and bodies on the basis of the principle of proportional inclusion. women shall have the right to special opportunity in the spheres of education, health, employment and social security on the basis of positive discrimination. both the spouses shall have equal rights in property and family affairs 39. right of children each child shall have the right to his/her identity with the family name, and birth registration. every child shall have the right to education, health care nurturing, appropriate upbringing, sports, recreation and overall personality development from family and the state. every child shall have the right to formative child development, and child participation. no child shall be employed in factories, mines, or in any other hazardous works. no child shall be subjected to child marriage, illegal trafficking, kidnapping, or being held hostage. no child shall be subjected to recruitment or any kind of use in the army, police or armed groups, neglected, or used immorally, or abused physically, mentally, or sexually, or exploited through any other means, in the name of religious or cultural practices. no child shall be subjected to physical, mental, or any other forms of torture at home, in school, or in any other places or situations. every child shall have the right to child friendly justice. children who are helpless, orphaned, physically impaired, victims of conflict and vulnerable, shall have the right to special protection and facilities from the state. any act contrary to clause (4), (5), (6) and (7) shall be punishable by law, and children who have suffered from such an act shall have the right to be compensated by the perpetrator as provided for in law. 40. right of dalits dalit shall have the right to participate in all agencies of the state based on the principle of proportional inclusion. there shall be special legal provision of empowerment, representation, and participation of dalit community for employment in other area also including the public service. provisions of free education with scholarships shall be made for dalit students from the primary to higher level of education as provided for in law. special provision shall be made in law for dalits to pursue higher education in technical and professional subjects. in order to provide health care and social security to dalit community, special arrangements shall be made in accordance with law. dalit community shall have the right to use, preserve and develop their traditional occupation, knowledge, skill and technology. the state shall give priority to modern profession of dalits in relation to their traditional occupation, by providing them with necessary skill and resources. the state shall, according to law, provide land to landless dalits for one time. the state shall, according to law, make housing arrangements for dalits who do not have housing of their own. the facilities provided to the dalit community according to this article, shall have to be justly distributed to dalit women and men and all the dalit communities living in different parts of the country, ensuring that all dalits receive the facilities proportionally. 41. right of senior citizens senior citizens shall have the right to special protection and social security from the state. 42. right to social justice the economically, socially or educationally backward women, dalit, indigenous nationalities, madhesi, tharu, muslims, backward classes, minorities, marginalized communities, persons with disabilities, gender and sexual minorities, farmers, labourers, oppressed or citizens of backward regions and indigent khas arya shall have the right to participate in the state bodies on the basis of principle of proportional inclusion. citizens who are economically very poor and communities on the verge of extinction, shall have the right to special opportunity and facilities in the areas of education, health, housing, employment, food and social security, for their protection, progress, empowerment and development. people with physical impairment shall have the right to a dignified way of life and equal access to social services and facilities, along with their diversity identity. each peasant shall have the right to access to land as provided for in law for agricultural purposes, along with the right to choose and preserve traditionally adopted and used endemic seeds and agricultural species. the families of martyrs who sacrificed their lives in the people’s movements, armed conflicts and revolutions for a democratic progressive change in nepal, the families of those who were disappeared, persons who fought for democracy, victims of conflict and the displaced, persons who were physically maimed, the wounded and the victims, shall have the right with priority, as provided for by law, to education, health, employment, housing and social security, with justice and appropriate respect. 43. right to social security economically poor, physically incapacitated and helpless person, helpless single women, persons with physical impairment, children, persons who cannot look after themselves and the citizens who belong to communities that are on the verge of extinction, shall have the right to social security as provided for by law. 44. right of consumers each consumer shall have the right to quality foodstuffs and services. a person who has suffered from sub-standard object or service shall have the right to be compensated as provided for by law. 45. right against exile no citizen shall be exiled. 46. right to constitutional remedy there shall be right to constitutional remedy pursuant to the articles 133 or 144 in course of implementation of rights granted in this part. 47. implementation of fundamental rights for the enforcement of the rights conferred in this part, the state shall make legal provisions, as required, within three years of the commencement of this constitution. 48. duties of citizens each person shall the following duties: protect nationality, sovereignty and integrity of nepal by pledging allegiance to the nation, abide by the constitution and law, compulsorily enlist when the state needs the service. to protect and conserve public property. part 4. directive principles, policies and responsibilities of the state 49. to be the guiding principles the directive principles, policies and responsibilities of the state mentioned in this part shall remain as guidelines for the governance of the state. the state shall mobilize or have it mobilized, the required resources and means for the implementation of the principles, policies and responsibilities mentioned in this part. 50. directive principles it shall be the political objective of the state to strengthen a federal democratic republican system to ensure an atmosphere where democratic rights are exercised by acknowledging sovereignty, independence and integrity of the country to be of utmost importance; by protecting freedom, equality, property and all citizens through rule of law; by embracing the norms and values of fundamental rights and human rights, gender equality, proportional inclusion, participation and social justice; and by maintaining a just system in all spheres of national life in order to establish a government system aimed at public welfare, while maintaining relations between federal units on the basis of cooperation between them, and internalizing the principle of inclusion in the governance system on the basis of local autonomy and decentralization, it shall be the socio-cultural objective of the state to build a civilized and egalitarian society by ending all forms of discrimination, oppression and injustice based on religion, culture, cultural practices, customs, traditional practices, or on any other grounds; develop socio-cultural values based on national pride, democracy, people orientation, dignity of labor, entrepreneurship, discipline, dignity and tolerance, by respecting cultural diversity and maintaining communal harmony, solidarity and amity. it shall be the economic objective of the state to make the national economy self-reliant, independent, and developing it towards socialism oriented economy with equitable distribution of resources and means, by ending all forms of economic exploitation and inequality, with maximum utilization of available resources and means through the participation of cooperatives, and public and private sector for sustainable development, and to build an exploitation-free society by fair distribution of the achievements made so far. the international relations of the state shall be directed towards maintaining international relations based on sovereign equality, protecting sovereignty, independence, territorial integrity and national interest of the country, and promoting national prestige in the international community. 51. state policies the state shall pursue the following policies: policies regarding national unity and national security: maintaining national unity intact by protecting independence, sovereignty, territorial integrity and autonomy of the country; promoting national unity by developing relations of mutual cooperation between federal units by maintaining mutual understanding, tolerance, and solidarity among various caste, ethnic, religious, linguistic and cultural groups and communities. management of law and order situation by developing a national security system. guaranteeing an all-round human security system. making the army, police, armed police and other security organs strong, capable, professional, inclusive and accountable to people on the basis of national security system. making citizens capable and ready for national service according to the need of the nation. utilizing the knowledge, skills and experience of the ex-bureaucrats, army men and policemen in an appropriate way. policies regarding political and governance system: guaranteeing people’s welfare and all-round-progress through economic, social and cultural transformation, while defending and strengthening political achievements and their development. maintaining rule of law by protecting and practicing human rights. implementing international treaties and agreements to which nepal is a state party. guaranteeing good governance by ensuring equal and easy access of people to services provided by the state and making public administration clean, competent, impartial, transparent, accountable and participatory. making necessary provisions to make the mass media clean, healthy, impartial, dignified, responsible and professional. expanding and developing a harmonious and cooperative relations between federal units through partnerships in the management of resources and means, administration and responsibilities. policies regarding social and cultural transformation: building a society based on harmonious social relations by developing a healthy and civilized culture. conducting studies, research and archaeological excavations and dissemination of information about them for the protection, maintenance and development of historical, archaeological and cultural heritage. community development by promoting local participation through the promotion and mobilization of creativity of local communities in social, cultural and charitable works. stressing on the development of art, literature and music that are in the form of national heritage put an end to all forms of discrimination, and injustice in the name of religion, culture, tradition, practices and rites. to preserve and develop the language, texts, culture, literature, arts motion pictures and property of different castes and communities, on the basis of equity, while also maintaining the country’s cultural diversity. to pursue the multi-language policy. policies regarding finance, industry and commerce: strengthening national economy through the participation and free development of public sector, cooperative sector and private sector. achieving economic prosperity with the maximum utilization of available resources and means by stressing on the roles of private sector in the economy; promoting cooperatives with its maximum utilization for national development. providing for regulation to maintain fairness, accountability and competitive atmosphere in all activities of economic sector to promote and mobilize them for the overall national development; fair distribution of the fruits of development and available means and resources. diversifying and expanding markets for productions and services through the development and expansion of industries and promotion of exports by identifying the areas of comparative advantages. protecting consumer rights by maintaining discipline and business fairness by controlling anomalies and malpractices such as black-marketing, monopoly, artificial scarcity and unhealthy competition and making national economy competitive. prioritizing domestic investment based on nepali labor, skill and raw material for the development of the economy of the country through the protection and promotion of national industries and resources and means. according priority to domestic investment in service sector to promote it a competitive industry for development of national economy; encouraging and mobilizing foreign capital and technology investment for infrastructure development in the areas of export promotion, and import to suit national interest. foreign aid shall be based on national needs and priority, and it shall be made transparent. the amount received as foreign aid shall be included in the national budget. utilizing the knowledge, skill, technology and capital of the non-resident nepalese for national development. providing mobility to economic development by establishing coordination among provinces and between province and federation regarding industrial corridors, special economic zones, national projects and foreign investment projects. policies regarding agriculture and land reform: introducing scientific land reform by ending dual ownership of land for the benefit of farmers. increasing produce and productivity through land plotting and by discouraging absentee land ownership. protecting and promoting rights and interests of peasants and utilizing the land use policy for increasing production and productivity of agriculture and for commercialization, industrialization, diversification and modernization of agriculture; making proper utilization of land through proper regulation and management on the basis of productivity of land, its nature, and also by maintaining environmental balance. making arrangements for agricultural tools and an access to market with appropriate price for the produce. development policy: formulating strategies and programs for sustainable socio-economic development under regional development plans for balanced and inclusive regional development and to implement them in a coordinated manner. prioritizing under-developed regions while going for balanced, environment-friendly, qualitative and sustainable physical infrastructure development. increasing the participation of local people in development process. promoting investment in scientific studies and research, and inventions in science and technology, and for their progress and development, while protecting scientific, technological and intellectual minds and special talents. developing and expanding information technology as required by the nation, and making its access easy and simple for the general public, while also making its maximum use for national development. prioritizing poor citizens in the distribution of the fruits of development, and making necessary arrangements for the general public to have a fair share of it. developing an integrated national identity management information system, and manage it in an integrated way for all kinds of information and statistics relating to citizens, and integrate it to the services and facilities provided by the state and the national development planning. updating of population statistics and affiliating it with the national development planning. policy regarding the conservation, management and use of natural resources: the state shall pursue a policy of conserving the natural resources available in the country by imbibing the norms of inter-generation judicious use of it and for the national interest. it shall also be about its sustainable use in an environmental friendly way. the policy shall ensure the fair distribution of the benefits generated by it by giving local people the priority and preferential rights. the state shall pursue a policy of prioritizing national investment in water resources based on people’s participation and making a multi-utility development of water resources. the state shall pursue a policy of developing and producing renewable energy, ensuring cheap, easily available and dependable supply of energy, and making an appropriate use of it to meet the basic needs of the citizens. developing a sustainable and dependable irrigation system by controlling water-related natural disasters with the management of the river systems. the state shall pursue a policy of making a sustainable use of biodiversity through the conservation and management o forests, fauna and flora, and by minimizing the negative impacts of industrialization and physical development by promoting public awareness on environmental cleanliness and protection. the state shall pursue a policy of keeping necessary landmass as forest area in order to strike an environmental balance. the state shall pursue a policy of adopting appropriate ways of minimizing or stopping negative effects on environment if it is there, or if there is a possibility of such an impact on nature, environment, or biodiversity. the state shall formulate policies and enact laws on the basis of the principle of sustainable environment development based on pre-warning and pre-informed agreements regarding environmental protection. the state shall formulate and pursue a policy of designing a pre-warning system, disaster preparedness, rescue, relief works and rehabilitation in order to minimize the risks of natural disasters. policies regarding the basic needs of citizens: making education scientific, technical, professional, skill-oriented, and employment and people oriented in order to prepare the human resources to be competent, competitive, moral, and committed to national interest. increasing the investment of the state in the educational sector, and regulating and managing the investment of the private sector in it to make education service oriented. making higher education easily available, of high quality and accessible, and gradually making it free. establishing and promoting information centers and libraries for the personality development of citizens. the state shall gradually increase necessary investment in the public health sector in order to make citizens healthy. ensuring easily available and equal access to high quality health care for all. protecting and promoting nepal's traditional medicinal system such as the ayurveda, natural medicines and homeopathy; the state shall gradually increase investment in the health sector and make it service oriented by regulating and managing the investment of the private sector in it. gradually increase the number of health institutions and health workers, while emphasizing research on health in order to make qualitative health service available to all. it shall be the policy of the state to increase general life expectancy by decreasing maternity-infant mortality rate by encouraging family planning population management based on the need and capacity of the country. developing well-planned and organized settlement areas by managing the unplanned settlements. increasing investment in the agricultural sector by making necessary provisions for sustainable productivity, supply, storage and security, while making it easily available with effective distribution of food grains by encouraging food productivity that suits the soil and climate conditions of the country in accordance with the norms of food sovereignty. making a well-planned supply system by ensuring equal access of citizens to the basic needs and services, and prioritizing the remote areas and regions that were made to lag behind. increasing investment in the transportation sector by ensuring simple, easy and equal access of all citizens to transportation facilities, and prioritizing environment friendly technology, encouraging public transportation and quality private transportation, while also making the transportation sector safe, well managed and disabled friendly. ensuring insurance policy for citizens and making arrangements for their access to health care. policies regarding labor and employment: creating a condition to ensure employment for all and employment opportunities in the country itself by making the labor power, which is the main social and economic force, competent and professional. guaranteeing social security by ensuring the basic rights of all laborers in accordance with the concept of dignity of labor. ending child labor and all forms of labor exploitation. encouraging the participation of laborers in the management by creating good industrial relationship between employers and employees. regulating and managing foreign employment in order to make this sector exploitation free, safe and well-managed to guarantee laborers’ right and employment. encouraging the use of the capital, skill, technology and the experience gained in foreign employment in the productivity sector of the country. policies regarding social justice and inclusion: making appropriate arrangements of livelihoods by prioritizing employment for single women who are in helpless conditions on the basis of skill, capability and merit. making women self reliant who are vulnerable, victims of conflict, excluded by family and the society, by making necessary arrangements of rehabilitation, protection and empowerment for them. ensuring the use of necessary services and facilities during the reproductive stage economically evaluating the works and contribution in regard to child care and care for the family. paying primary attention to the utmost interest of children. rehabilitation of kamaiya (bonded laborers), kamlari, haruwa, charuwa, haliya, the landless and the squatters by identifying them, and making arrangements of housing, or providing small plot of land or house, employment, or arable land for their livelihoods. providing appropriate opportunities to youths for their contribution to the all-round-development of the state by increasing their participation in it, through the creation of an atmosphere for them to use their political, economic, social and cultural rights, and also by providing special opportunities in educational, health and employment sector through their personality development for their empowerment and all-round-development. making special arrangements to ensure the rights of adivasi janajatis (indigenous ethnic groups) to lead a dignified life with their respective identities, and making them participate in decision making processes that concern them, and preserving and maintaining the traditional knowledge, skill, experience, culture and social practices of adivasi janajatis and local communities. making special arrangements for minority communities to exercise their social and cultural rights by maintaining their identity. making special arrangements for the madhesi community to have equal distribution of benefits of economic, social and cultural opportunities, and also for the protection, progress, empowerment and development of the very poor and backward classes within the madhesi community. making special provisions of protection, progress, empowerment and development, and the fulfillment of basic needs of the citizens of oppressed and backward regions. giving priority to the very poor within all communities, regions, and gender, while providing social security and social justice. making a well planned investment in sports and sports men and women in order to produce healthy, able and disciplined citizens and developing sports as a medium of consolidating national unity and promoting national prestige in the international arena. involving ngos and ingos only in the areas of national needs and priority, by adopting a one-door policy for the establishment, endorsement, engagement, regulation and management of such organizations, and by making the investment and role of such organizations accountable and transparent. policies regarding justice and punishment: making judicial administration swift, competent, easily available, economical, impartial, effective and accountable to people. adopting alternative methods such as reconciliation and mediation for the settlement of disputes of ordinary nature. adopting effective methods in controlling corruption and irregularities in all sectors, including politics, judicial sector, administration and the social sector. policies regarding tourism: developing environment friendly tourism industry as an important basis of national economy by identifying, protecting, promoting and publicizing the historical, cultural, religious, archaeological and natural heritage sites of the country, and prioritizing local people in the distribution of benefits of the tourism industry. policy regarding international relations: pursuing an independent foreign policy considering national interest to be of utmost importance, on the basis of the un charter, non-alignment, principle of panchasheel, international law and universal norms, and by remaining active to defend the sovereignty, indivisibility, national independence and national interest. entering into treaties and agreements on the basis of equality and mutual interest, by reviewing past treaties. 52. obligation of the sate it shall be the obligation of the state to maintain nepal's independence, sovereignty, territorial integrity, autonomy of nepal, protecting and promoting fundamental rights and human rights, and to observe the directive principles of the state and gradually implementing the policies. 53. submitting report an annual report regarding the works of the government including the achievements made in the implementation of the directive principles, policies and responsibilities mentioned in this part, shall be presented to the president. the president shall make arrangements to send such reports to the federal legislature through the prime minister. 54. provision regarding monitoring there shall be a committee in the parliament as provided for in law to monitor the progressive implementation of the directive principles, policies and responsibilities of the state as mentioned in this part. 55. questions not to be raised in court no question shall be raised in any court as to whether any of the provisions contained in this part is implemented or not. part 5. restructuring of the state and the distribution of state power 56. structure of the state the federal democratic republic of nepal shall have three main levels of structure: federal, provincial and local. the state powers of nepal shall be used by the federal, provincial and the local level in accordance with this constitution. there shall be the provinces with the districts listed in schedule-4 that prevail at the commencement of this constitution in nepal. under the local level, there shall be village council, municipal council and district assembly. the number of wards in a village council and municipal council shall be as provided for in a federal law. special, protected and autonomous regions may be created for socio-cultural protection or economic development according to federal law. the federation, provinces and local levels shall protect nepal’s independence, sovereignty, territorial integrity, autonomy, national interests, overall development, multi-party competitive democratic republic and federal system of governance, human rights and fundamental rights, rule of law, separation of powers and check and balance, equitable society based on plurality and equality, and inclusive representation and identity. 57. distribution of state power the power of the federation shall be relating to the subjects mentioned in schedule-5, and such authority shall be exercised in accordance with this constitution and the federal law. the power of the province shall be relating to the subjects mentioned in schedule-6, and the exercise of such authority shall be done in accordance with this constitution and the federal law. the concurrent/shared power of the federation and the province shall be relating to the subjects mentioned in schedule-7, and the exercise of such authority shall be done in accordance with this constitution and the laws made by the federal parliament and provincial assembly. powers shall be vested in the local level on the matters referred to in schedule-8 and such powers shall be exercised according to this constitution and federal law, provincial law and laws formulated by the local level. concurrent list of powers of the federation, province and local level shall be as mentioned in schedule-9 and exercise of such powers shall be according to this constitution, and federal law, provincial law and laws formulated by the local level. while making law by provincial assembly, village council and municipal council pursuant to clause (5), they shall have to make laws without being inconsistent to federal law and if such laws formulated by provincial legislature, village council and municipal council is inconsistent with the federal law, such law shall, to the extent of its being inconsistent, be void. while making law by village council and municipal council pursuant to clause (5), they shall have to make laws without being inconsistent to provincial law and if such laws formulated by the village council and municipal council is inconsistent with the provincial law, such law shall, to the extent of its being inconsistent, be void. 58. residual powers powers relating any subject that are not mentioned in the list of powers of the federation, province or the local level entity, or in the concurrent/shared powers of federation and the province, or not stated in this constitution, shall rest with the federation as residual powers. 59. use of fiscal power the federal, provincial and the local entities shall enact law, make annual budget, make necessary decisions, formulate policies and planning, and implement them in regard to the subjects related to the fiscal power mentioned in their respective list of powers. the federation may make basic laws regarding necessary policies and criteria related to the subjects included in the list of concurrent/shared power and in other areas of fiscal authority, which may also be implemented in provinces. the federation, province and the local level entity shall make budgets of their respective levels, and the budget shall be presented in accordance with the federal law. the federation, province and the local level entity shall have to make arrangements for equitable distribution of the benefits from the development of natural resources. a certain portion of such benefit, royalty, services or objects, shall have to be distributed in areas affected by projects and to the local communities as provided for by law. when the federal, provincial and local level entity utilize natural resources, they shall have to give priority to local communities to make certain percentage of investment if they wish to do that in view of the nature and percentage in the investment. the government of nepal shall have the right to seek foreign aid and loan. the economic stability of the country as a whole shall have to be maintained in doing so. the management of budget deficit of the federation, province and the local level entity and the arrangements regarding fiscal discipline shall be in accordance with federal law. 60. distribution of sources of revenue the federation, province and the local level entity shall impose tax on subjects within their fiscal jurisdiction and collect revenue from such sources. provided that with regard to the source that are not included in the concurrent/shared list or in any list at any level, it shall be as determined by the government of nepal. the government of nepal shall make necessary arrangements to equitably distribute the revenue generated by it from its sources, between the federation, province and the local level entities. the amount of the fiscal transfer, the province and the local level entities are to receive shall be as recommended by the national natural resources and fiscal commission. the government of nepal shall distribute fiscal equalization grants to province and local level entity on the basis of their need for expenditure, their capacity in generating revenue and the efforts made by them. the province shall distribute fiscal equalization grants received from the government of nepal and the revenue generated from its sources, to the local level entities under it on the basis of need for their expenditures and their capacity to generate revenue, in accordance with provincial law. the government of nepal shall make arrangements regarding conditional grants to be provided through the federal consolidated fund, complementary grants, or the special grants for other purposes. the distribution of revenue between the federal, provincial and the local level entity shall be transparent. while enacting the federal act regarding revenue distribution, the matters that need to be included are: national policy, national needs, the autonomy of provinces and local level entities, the service delivery of the provinces and local level entities and the fiscal rights given to them; their capacity to generate revenue; feasibility and use of revenues; their contribution to development works; regional imbalance; poverty and inequality; exclusion, emergency works and the support of meet temporary needs. part 6. president and vice-president 61. president there shall be a president in nepal. the president shall be the head of the state. he/she shall perform his/her duties according to this constitution and federal laws. the president shall promote national unity of nepal. compliance and protection of the constitution shall be the main duties of the president. 62. election of the president an electoral college, consisting of voting members of the federal parliament and the members of provincial assembly, shall elect the president. it shall be done as provided for in law with the difference of weightage in voting of the members of the federal parliament and the members of provincial assembly. notwithstanding anything contained in clause (1), it shall not be deemed to prevent the formation of an electoral college for the use of the election of the president simply because of the reason that an election of provincial assembly has not been held in any province. the person who receives majority votes of the total number of existing members of the electoral college as provided for in clause (1), shall be elected as president. if any candidate fails to receive majority votes according to clause (3), there shall be a second round of voting between the two candidates who receive the highest votes, and a person getting more than fifty percent of vote in this voting shall be elected as president. if none of the two candidates obtain more than fifty percent of the votes in the voting held under clause (4), then a re-voting will be conducted. any person getting the majority of votes cast in this re-voting shall be elected as president. if a person who is elected to the position of the president already holds a political position through election, nomination, or appointment, the position held by such a person shall automatically become vacant. the election of the president and other related arrangements shall be as provided for by law 63. term of office of president the term of the president shall be for five years. the president whose term has expired pursuant to clause (1), shall continue to work according to this constitution until the newly elected president joins the office. 64. qualifications of the president a person shall be eligible to be president if he/she fulfils the following qualifications: he/she is eligible to be a member of the federal parliament. he/she has attained at least 45 years of age, and is not ineligible by any law. notwithstanding anything contained in clause (1), a person who has already been elected president for two terms, shall not be eligible to be a presidential candidate for the presidential election thereafter. 65. the circumstances in which the president ceases to hold office the president shall cease to hold office under the following circumstances: if a written resignation is tendered to the vice-president. if an impeachment motion against the president is passed pursuant to article 101; if the term of office expires if he/she dies 66. functions, duties and powers of the president president shall exercise his/her rights and duties as provided for by this constitution and federal laws while exercising rights under clause (1), the president shall perform all the works with the consent and recommendation of the council of ministers, except in case where the works have to be performed expressly under the recommendation of some agency or official. such consent and recommendation shall be made to the president through the prime minister. the decision or order made in the name of the president as provided for by clause (2) and the certification of credentials in that regard, shall be done as specified by federal law. 67. vice-president there shall be a vice-president in nepal. the vice-president shall perform the duties of the president until a new president is elected in the case when the president ceases to hold office due to reasons other than when the president is absent or the term of office has expired. if a person is elected to the position of vice-president already holds a political position through election, nomination or appointment, the position held by such a person shall automatically become vacant. 68. the circumstances in which the vice-president ceases to hold office the vice-president shall cease to hold office under the following circumstances: if he/she tenders a written resignation to the president, if an impeachment motion against the vice-president is passed pursuant to article 101, if the term of office expires, or if he/she dies. 69. other provisions regarding the vice-president the qualification of the vice-president, election process, and other provisions regarding the term of office, shall be similar to that of the president. 70. president and vice-president to belong to different gender or community while conducting election of the president and vice-president under this constitution, the election shall be held so as to represent different gender or communities. 71. oath of office of the president and vice-president the president shall take the oath of office and secrecy before the chief justice, and, the vice-president before the president, as provided for by law, before assuming the responsibilities of the office. 72. remuneration and other benefits to the president and vice-president the remuneration and other benefits to the president and vice-president shall be as determined by an act, and until such act is made, it shall be as specified by the government of nepal. 73. office of the president and the vice-president separate offices shall be set up to assist the works of the president and the vice-president. the government of nepal shall provide necessary personnel and make other arrangements for the management of the works of the offices pursuant to clause (1). part 7. federal executive 74. form of governance the form of governance of nepal shall be a multi-party, competitive, federal democratic republican parliamentary system based on plurality. 75. executive power the executive power of nepal shall rest with the council of ministers in accordance with this constitution and law. the responsibility of providing general directives, control and enforcement regarding the governance system of nepal, by adhering to this constitution and law, shall rest with the council of ministers. the entire works relating to the federal executive of nepal shall be done in the name of the government of nepal. the decision or order and related certification of credentials as provided for by clause (3) shall be done according to law. 76. formation of the council of ministers the president shall appoint the parliamentary party leader of the political party with the majority in the house of representatives as a prime minister, and a council of ministers shall be formed in his/her chairmanship. if there is not a clear majority of any party according to clause (1), the president shall appoint as prime minister the member of the house of representatives who can have the majority with the support of two or more political parties represented in the house of representatives. if there is a situation wherein it is not possible to make the appointment of the prime minister as provided for in clause (2) within 30 days of the final result of the election of the house of representatives, or if the appointed prime minister, as provided for in clause (4), fails to receive a vote of confidence, the president shall appoint the leader of the party with the highest number of members in the house of representatives as the prime minister. the prime minister appointed according to clause (2) or (3) shall have to receive the vote of confidence of the house of representatives within 30 days of his/her appointment. if a prime minister appointed according to clause (3) fails to receive a vote of confidence pursuant to clause (4), the president shall appoint a member as prime minister, who produces bases that he/she may win the vote of confidence of the house of representatives as provided for in clause (2). the prime minister appointed according to clause (5) shall have to get the vote of confidence according to clause (4). if the prime minister appointed according to clause (5) fails to get the vote of confidence or if any member fails to be appointed as prime minister, the president shall, on the recommendation of prime minister, dissolve the house of representatives and fix a date to conduct another election within six months. the procedure regarding the appointment of the prime minister shall have to be completed within 55 days after the post of the prime minister falls vacant, or the announcement of the final results of the election of the house of representatives according to this constitution. the president shall, on the recommendation of the prime minister, form a council of ministers consisting of members not exceeding twenty five in number from among the members of the federal parliament on the basis of the principle of inclusion. explanation: for the purpose of this article ‘minister’ stands for deputy prime minister, minister, minister of state and assistant minister. the prime minister and the ministers shall be collectively accountable to the federal parliament, and, a minister shall be personally accountable to the prime minister for the works of his/her ministry, and also to the federal parliament. 77. circumstances under which the prime minister and minister ceases to hold office the prime minister shall cease to hold office in the following circumstances| if he/she tenders written resignation to the president, if a vote of confidence fails to be approved according to article (100), or a motion of no confidence is passed, if he/she ceases to be a member of the house of representatives, if he/she dies. the minister shall cease to hold office in the following circumstances: if he/she tenders a written resignation to the prime minister, if the prime minister removes him/her from the post, if the prime minister ceases to hold office according to clause (1) (a), (b) or (c), or if he/she dies. if the prime minister ceases to hold the office according to clause (1), the same council of ministers shall continue to work until another council of ministers is constituted. provided that, in the case of the death of the prime minister, the senior most minister shall continue to act as prime minister until a new prime minister is appointed. 78. a person to be a minister who is not a member of the federal parliament whatsoever is contained in clause (9) of article (76), the president may, on the recommendation of the prime minister, appoint deputy prime minister, minister, minister of state, assistant minister, who is not a member of the federal parliament. the minister appointed according to clause (1) shall have to receive membership of the federal parliament within six months of taking oath of office. if the minister fails to get the membership of the federal parliament according to clause (2), the minister shall not be eligible for reappointment as minister during the tenure of the existing house of representatives. whatever may be contained in clause (1), a person who has lost election in the election of the existing house of representatives, shall not be eligible to be a minister according to clause (1), during the tenure of the existing house of representatives. 79. the remuneration and other benefits to the prime minister, deputy prime minister, minister, state minister and assistant minister the remuneration and benefits to the prime minister, deputy prime minister, minister, state minister, and assistant minister shall be as provided for by federal act. until such an act is formulated, it shall be as determined by the government of nepal. 80. oath of office the prime minister, the deputy prime minister and minister shall take the oath of office and secrecy before the president, and, the state minister and assistant minister before the prime minister according to federal law. 81. the president to be informed the prime minister shall inform the president about the following: the decision of the council of ministers, the bill to be presented before the federal parliament, if the president asks for other information relating to part (a) and (b), the other information shall be provided. contemporary situations of the country and subjects relating to foreign affairs. 82. the working procedure of the government of nepal the division of works and work performance of the government of nepal shall be in accordance with the regulations passed by the government of nepal. no question shall be raised in any court as to whether or not the regulations under clause (1) were abided by. part 8. federal parliament 83. federal parliament there shall be a legislature, called federal parliament, consisting of two houses, namely the house of representatives and the national assembly. 84. constitution of house of representatives the house of representatives shall consist of a total of two hundred and seventy five members, as follows: one hundred and sixty five members to be elected through the first past the post electoral system, with one being elected from each election constituency of one hundred and sixty five election constituencies delimited in the country on the basis of population, and geographical convenience and specificity; one hundred and ten members elected from proportional representation electoral system where voters vote for parties, while treating the whole country as a single electoral constituency. provision shall be made according to federal law for the representation of political parties to file candidacy for the election of the house of representatives for proportional representation system through closed list of women, dalit, adibasi janajati, khas arya, madhesi, tharu, muslim, and backward regions. balance in geography and province shall be considered for such candidacy. explanation: for the purpose of this provision, khas arya means chhetri, brahmin, thakuri and sannyasi (dasnami) community. while filing candidacy by political parties pursuant to clause (2), provision of representation of persons with disability shall also be made. the election for the members of house of representatives pursuant to clause (1) shall be held through secret ballots as provided in the law. every nepali citizen who has attained the age of eighteen years, as provided in law, shall be entitled to vote in any constituency. subject to law, any nepali citizen, who is entitled to vote in election for house of representatives, and who meets the requirements under article 87, shall be allowed to file candidacy from any constituency. provided that the same person shall not be a candidate in more than one electoral constituency at the same time. in case of vacancy of a seat of a member in house of representatives, while still ahead of six months of its terms, such vacancy shall be filled through process by which said member had been elected. notwithstanding anything contained elsewhere in this article, women should account for at least one third of total members elected from each party in federal parliament. in case, one-third percentage of women are not elected while being elected under section (a) of clause (1), and section (a), clause (2) of article 84, the party that fails to ensure one-third representation shall have to elect at least one-third of total numbers as woman in the federal parliament while electing members under section (b) of clause (1). election of house of representatives and other matters thereto shall be pursuant to federal laws. 85. term of house of representatives except when dissolved earlier, the term of house of representatives shall be five years. notwithstanding anything in clause (1), provided that the situation when the order for the state of emergency is made and when such state of emergency exists, the term of house of representatives may be extended, not exceeding one year in accordance with federal law. the term extended under clause (2) shall, ipso facto, end within six months of the end of state of emergency. 86. constitution of national assembly and terms of members national assembly shall be a permanent house. there shall be fifty-nine members in the national assembly as follows:fifty six members elected from an electoral college comprising members of provincial assembly and chairpersons and vice-chairpersons of village councils and mayors and deputy mayors of municipal councils, with different weights of votes for each, with eight members from each province, including at least three women, one dalit, one person with disability or minority; three members, including at least one woman, to be nominated by the president on the recommendation of government of nepal. the tenure of members of national assembly shall be six years. provided that after the commencement of this constitution, arrangements shall be made by drawing lottery to retire one-third of the members on the expiry of two years, another one-third on the expiry of four years, and the final one-third on the expiry of six years. the tenure shall be considered to have commenced from the day of first meeting of the national assembly. in case of vacancy of a seat in national assembly, it shall be filled in the manner through which the said member had been elected or nominated. other provisions relating to election of national assembly members shall be as provided by law. 87. qualifications for members persons who meet the following requirement shall be considered eligible to be the member of federal parliament:citizen of nepal, who has attained twenty five years of age for the house of representatives and thirty five years of age for the national assembly; who has not been punished for any criminal offence involving moral turpitude not ineligible under any law, not holding an office of profit. explanation: “office of profit” in this section means any position, other than a political position which is to be filled by election or nomination, for which a remuneration or economic benefit is paid out of a government fund. (2) no person shall be a member of both houses at the same time. no one person can be a member of both the houses at the same time if a person who is elected or nominated to the position of the member of federal parliament already holds a political position through election, nomination, or appointment, the position held by such a person shall automatically become vacant from the day of his/her taking oath of office. 88. oath every member of the federal parliament shall, before taking part for the first time in the meeting of the parliament at its committees, have to take an oath as provided in law. 89. vacation of seat the seat of a member of parliament shall be vacant in the following circumstances:if he or she resigns in writing to the speaker or chairperson, if he or she does not meet the requirements under article 91, if his or her term of office expires or if the term of the house of representatives and national assembly expires, if he or she remains absent from ten consecutive meetings without notification to the house, if the party of which he or she was a member when elected provides notification in the manner set forth by law that he or she has abandoned the party. if he or she dies. 90. decision as to disqualification of members if a question arises as to whether a member of parliament is disqualified or has ceased to possess any of the qualifications set forth in article 91 the final decision shall be made by the constitutional bench of the supreme court. 91. speaker and deputy-speaker of the house of representatives the house of representatives shall, within fifteen days of commencement of first meeting, elect a speaker and a deputy speaker from among its members. while electing speaker and deputy speaker as per clause (1), either speaker or deputy speaker shall be a woman and belong to different parties. provided that, no more than one party is elected to the house of representatives or does not seek to file its candidacy even when elected, nothing in this article shall bar from having speaker and deputy speaker of the same party. if the office of the speaker or the deputy speaker falls vacant, the house of representatives shall fill the vacancy through election from among its members. the deputy speaker shall, in the absence of the speaker of the house of representatives, chair the meeting of house of representatives. in case the election of the speaker and deputy speaker has not taken place, or both positions remain vacant, the senior-most member of the house of representatives shall preside the meeting of the house of representatives. the office of the speaker or the deputy speaker shall be vacant in the following circumstances: if s/he ceases to be a member of the house of representatives: provided that, after the dissolution of the house of representatives, the speaker and deputy speaker shall continue in office until the date of the filing of nominations for election to the house of representatives if s/he submits a written resignation; if a resolution is passed by a majority of two-thirds of the total number of members in the house of representatives to the effect that his/ her conduct is not compatible with his/her position. the deputy speaker shall preside over a meeting at which deliberations are to be held on a resolution that the conduct of the speaker of the house of representatives is not compatible with his/her position. the speaker shall be entitled to take part and vote in the deliberations on such resolution. 92. chairperson and vice-chairperson of national assembly after the commencement of its first session, the national assembly shall, within fifteen days of commencement of first meeting, elect a chairperson and vice chairperson from among its members. while electing as per clause (1), either chairperson or vice chairperson chairman of the national assembly shall be a woman. provided that no more than one party is elected to the national assembly or does not seek to file its candidacy even when elected, nothing in this article shall bar from having chairperson and vice chairperson from the same party. if the office of the chairperson or vice chairperson falls vacant, the national assembly shall fill the vacancy through election from among its members. the vice-chairperson shall, in the absence of the chairperson of the national assembly, chair the national assembly. if the election of the chairperson and vice chairperson has not taken place, or if both the positions have become vacant, the senior-most member of the national assembly shall preside over the meeting of the national assembly. the office of the chairperson and vice chairperson shall be vacant in the following circumstances: if s/he ceases to be a member of the national assembly, if s/he submits a written resignation, if a resolution is passed by a majority of two-thirds of the total members of the national assembly to the effect that his or her conduct is not compatible with his/her position. the vice-chairperson shall preside over a meeting at which deliberations are to be held on a resolution that the conduct of the chairperson of the national assembly is not compatible with his/her position. the chairperson shall be entitled to take part and vote in the deliberations on such resolution. 93. summoning and prorogation of sessions president shall summon a session of parliament within one month after the elections to the house of representatives are held. thereafter, president shall summon other sessions from time to time in accordance with this constitution: provided that the interval between two consecutive sessions shall not be more than six months. president may prorogue the session of both or either of the houses of parliament. if, during the prorogation or recess of the house of representatives, one-fourth of its members submit a request stating that it is desirable that a session or meeting of house of representatives be called, the president shall call the session or meeting of the parliament by setting date and time for this within a fortnight, and house of representatives shall convene or commence its session on the specified date and the time thus fixed. 94. quorum except as otherwise provided in this constitution, no resolution shall be presented for decision in either house of parliament unless one-fourth of the total number of members of the concerned house are present. 95. address by president president may address either house or a joint sitting of both the houses of parliament, and s/he may summon the members for that purpose. president shall address the first session after an election to the house of representatives and a joint sitting of both the houses of parliament after the commencement of the first session of each year. 96. deputy prime-minister, state minister and assistant minister entitled to take part in both houses a minister shall be entitled to attend and take part in the proceedings and deliberations of any of the house of parliament or its committees. provided that s/he shall not be entitled to vote in a house or committee of which s/he is not a member. 97. formation of committees house of representatives and national assembly shall have the right to form committees according to the law. if a resolution is passed by either house demanding that a joint committee of both the houses be constituted for the purpose of managing the working procedure between the two houses, resolving disagreements on any bill, or for any other specified function, a joint committee thereon shall be constituted. the joint committee shall consist of up to a maximum of twenty-five members in the ratio of five members from the house of representatives to one member from the national assembly. 98. transaction of business in case of vacancy of members both house of federal parliament shall have the power to transact its business notwithstanding any vacancies in the seats of its members, and no proceedings shall become invalid even if it is subsequently discovered that a person not entitled to take part in the proceedings of either house had participated therein. 99. voting except as otherwise provided in this constitution, all questions submitted for decision in either house of parliament shall be decided by a majority vote of the members present and voting. normally, the member presiding shall not have the right to vote. but he may exercise the right to cast decisive vote in case of a tie. 100. provision related to vote of confidence and motion of no-confidence the prime minister, while he holds office, may, whenever he is of the opinion that it is necessary or appropriate to obtain a vote of confidence from the members of the house of representatives, shall table a resolution to that effect in the house of representatives. the prime minister may, if his or her party is fragmented or the coalition partner withdraws its support, to obtain a vote of confidence from the members of the house of representatives, table a resolution to that effect in the house of representatives within thirty days. a decision on a resolution tabled pursuant to clauses (1) and (2) shall be made by a majority of the total number of members of the house of representatives. one-fourth of the total number of members of the house of representatives may table in writing a no-confidence motion against the prime minister: provided that a no-confidence motion shall not be presented up to first two years of appointment of the prime minister and if a no-confidence motion fails, another motion cannot be tabled within a year of its failure. the name of the member proposed for prime minister should be mentioned when tabling the no-confidence motion under clause (4). the prime minister shall be deemed to be relieved of his/her office if the no-confidence motion tabled under clause (4) is passed by a majority of the total number of members of the house of representatives. if the office of prime minister falls vacant under clause (6), the president shall appoint the member proposed in motion of no-confidence under article 76, the prime minister. 101. impeachment at least one-fourth majority of the total number of the then members of house of representatives may table a motion of impeachment against the president or vice-president on the charge of serious violation of the constitution and law by him/her. if at least two-thirds majority of the total number of the then members of joint session of both houses of federal parliament passes the motion, the president or vice president shall ipso facto be relieved of his or her office. a motion of impeachment against the chief justice or any other judge of supreme court, member of judicial council and head or official of constitutional bodies may be moved by at least one-fourth majority of the total number of the then members of house of representatives on the grounds of serious violation of the constitution and law, his or her incompetence, misbehavior or failure to discharge the duties of his or her office in good faith or his or her inability to discharge his or her duties because of physical or mental reason; and if the motion is passed by a two-thirds majority of the total number of the then members of joint session of both houses of federal parliament, he or she shall ipso facto be relieved of his or her office. a motion of impeachment recommendation committee shall be formed in house of representatives to recommend charges of impeachment under clause (2). the committee formed under clause (3) shall comprise of eleven members. according to clause (2), motion of impeachment can be tabled at the house of representatives by the committee under clause (2) on the charges of serious violation of constitution, other grounds of his or her incompetence, misbehavior or failure to discharge the duties of his or her office in good faith or his or her inability to discharge his or her duties because of physical or mental reason, are proven with evidence by at least three members. once the process of impeachment is set in motion as per clause (2), then the person against whom the impeachment motion is moved, whether chief justice or supreme court judges, members of judicial council or chiefs or members of constitutional bodies, shall not perform his/her duty till the process over the motion is complete. person against whom impeachment motion is moved as per clause (1) or (2) shall be given adequate opportunity to defend. there shall be no obstruction in taking action as per the law against a person who is discharged of duty after the approval of impeachment motion as per this article if such a person is found to have committed crime whether such person was president or vice president, chief justice or supreme court judges, members of judicial council or chiefs or members of constitutional bodies. any official who has been removed from office by way of impeachment pursuant to clause (1) and (2) shall not be entitled to gratuity or pension, and shall be ineligible to be appointed or nominated to any other public position. other provisions related to impeachment motion shall be as provided by law. 102. penalty for unauthorized presence or voting if a person sits or votes in a meeting of either house of parliament as a member without taking an oath pursuant to article 88, or knowing that s/he is not qualified for membership in the house, s/he shall, on order of the person chairing the house, be liable to a fine of five thousand rupees for each day of such presence or voting. the fine shall be recovered as government dues. 103. privileges subject to the provisions of this constitution there shall be full freedom of speech in both houses of parliament and no member shall be arrested, detained or prosecuted in any court for anything said or any vote cast in the house. subject to the provisions of this constitution, each house of parliament shall have full power to regulate its internal business, and it shall be, the exclusive right of the house concerned to decide whether or not any proceeding of the house is regular. no question shall be raised in any court in this behalf. no comment shall be made about the good faith concerning any proceeding of either house of parliament and no publication of any kind shall be made about anything said by any member which intentionally distorts or misinterprets the meaning of the speech. the provisions laid in clause (1) and (3) shall also apply to any person, other than a member, who is entitled to take part in a meeting of the house. no proceedings shall be initiated in any court against any person for publication of any document, report, vote or proceeding which is made under authority given by a house of parliament. explanation: for the purpose of this clause and clauses (1), (2), (3) and (4), the word "house" shall mean and include the house of representatives and national assembly and shall also mean a joint sitting of parliament or a meeting of the joint committee. no member of parliament shall be arrested between the date of issuance of the summons for a session and the date on which that session closes: provided that nothing in this clause shall be deemed to prevent the arrest under any law of any member on a criminal charge. if any member is so arrested, the official making such arrest shall forthwith inform the person chairing the concerned house. any breach of privilege of either house of parliament shall be deemed to constitute contempt of parliament and the concerned house shall have the exclusive right to decide whether or not any breach of privilege has taken place. if a person is in contempt of either house of parliament, the chairperson of the concerned house may, after a decision by the house to that effect, admonish, warn or impose a sentence of imprisonment not exceeding three months, to remain effective only during the current session of the house, or impose a fine up to five thousand rupees on such person. the fine shall be recovered as government dues. provided that if the person so accused submits an apology to the satisfaction of the house, it may either pardon him or remit or commute the sentence imposed on him. other matters relating to privileges not mentioned in this constitution shall be as determined by law. 104. procedures relating to the conduct of business each house of federal parliament shall, subject to the provisions of this constitution, frame rules for conducting its business, maintaining order during its meetings and regulating the constitution, functions and procedures of the committees or any other matter of the federal parliament or committees. the federal parliament shall determine its own conduct of business until such rules are framed. matters relating to the conduct of business of a joint sitting of federal parliament and the constitution of its joint committee and the functions and procedures thereof shall be in accordance with rules approved by the joint session of the both houses. 105. restriction on discussion no discussion shall be held in either house of federal parliament on a matter which is under consideration in any court of nepal, and about anything done by a judge in course of performance of his duties. provided that nothing in this article shall be deemed to bar the expression of opinion about the conduct of a judge during deliberations on a motion of impeachment. 106. secretary general and secretary of federal parliament secretary of the house of representatives shall be appointed on the recommendation of its speaker, the secretary of the national assembly shall be appointed on the recommendation of its chairperson, the secretary-general appointed in consultation with both the speaker and the chairperson. the qualifications, duties, functions, rights and other services of secretary general the secretary of the national assembly, and the secretary of federal house of representatives shall be as determined by law. 107. secretariat of federal parliament a secretariat shall be established for the purpose of conducting the business of parliament. other matters related thereto shall be as determined by law. 108. remuneration the remuneration and benefits of the speaker and deputy speaker of the house of representatives, the chairperson and vice-chairperson of the national assembly and chairperson of committees and members of federal parliament shall be as determined by the law. until so determined it shall be as specified by the government of nepal. part 9. federal legislative procedure 109. legislative power of federal parliament the legislative powers of the federal parliament shall be as enumerated in schedule-5, schedule-7 and schedule-9. 110. the procedure of introducing a bill a bill may be introduced at either house of the federal parliament subject to this constitution. provided that finance bill may be introduced in the house of representatives only. the finance bill and bills concerning the security agencies, including the nepal army, nepal police, armed police, shall be introduced only as a government bill. “finance bill” means a bill concerning all or any of the following subjects: the imposition, collection, abolition, remission, alteration of taxes or regulation of tax system. the preservation of the federal consolidated fund or any other federal government fund, the deposit of money into and the appropriation or the withdrawal of money from such funds, or the reduction, increment or cancellation of appropriations or of proposed expenditures from such funds. the regulation of matters relating to the raising of loans or the giving of guarantee by the government of nepal or any matter pertaining to the amendment of the laws concerning financial liabilities undertaken or to be undertaken by the government of nepal. the custody and investment of all revenues received by any government fund, money acquired through the repayment of loans and the grant of money, or audit of the accounts of the government. matters directly related to sections (a), (b), (c) and (d). provided that a bill shall not be deemed to be a finance bill by reason only that it provides for the payment of any fees such as license fee, application fee, renewal fee, or it provides for imposition of any penalty or imprisonment. if any question is raised as to whether a bill is a finance bill or not, the decision of the speaker thereon shall be final. 111. procedure for passing bills a bill passed by one house of the federal parliament shall be immediately sent to the other house, and after the bill is passed by that house, it shall be sent to the president for certification. the finance bill passed by the house of representatives, shall be sent to the national assembly. the national assembly shall have to discuss on the bill send it back to the house of representatives with suggestions, if any, within fifteen days of receiving it. the house of representatives shall discuss over the bill returned with suggestions according to clause (2), incorporate the appropriate suggestions, if any, and present it to the president for certification. if the national assembly does not return the bill even after 15 days of receiving it according to clause (2), the house of representatives shall send the bill to the president for certification. except in the case of a finance bill, the bill sent to the national assembly by the house of representatives after passing it, the national assembly shall have to send them back with suggestions after passing them within two months of receiving them. in the event when such bills are not returned by the national assembly within the timeframe, the house of representatives shall send such bills to the president for certification, after making a decision on them with a majority voting of total existing number of members. if one house rejects the bill passed by another house, or if it is passed with amendments, the bill shall have to be sent back to the house where it had been originated. if a bill is rejected by national assembly, or sends it back with amendments to the house of representatives, and if a majority of the existing number of members of the house of representatives discuss over it and pass it as it is , or pass it with amendments, the bill shall be presented to the president for certification. if a bill is sent back to the national assembly by the house of representatives with amendments as provided for by clause (6), and if national assembly also passes the bill along with the amendments made, it shall be presented to the president for certification. the following bills shall be presented in the joint meeting of both the houses and if the bill is passed as it is or with amendments by the joint meeting, the house where the bill had originated shall present it before the president for certification. bills passed by the national assembly but rejected by the house of representatives, or bills sent back by the house of representatives to the national assembly with amendments but national assembly failing to agree on the amendment. if the session ends when a bill is still under consideration, the next session may take over the procedure. provided that, if a bill is presented to the house of representatives and is under consideration, or it is sent to national assembly after passing it, but if the house of representatives is dissolved while the bill is still under consideration in the national assembly, or if its tenure comes to an end, such bill shall be considered not effective. 112. withdrawal of bill the member who introduces a bill may withdraw the bill with the approval of the house. 113. certification of the bills the bill which is presented to the president according to article (111) for certification shall have to be authenticated by the speaker or chairperson of the house where it originated. provided that, in the case of a finance bill, the speaker shall have to authenticate it as finance bill. the bill presented to the president for certification according to this article, shall be certified within 15 days, and both the houses shall be informed about that as early as possible. except in the case of a finance bill, if the president is satisfied that reconsideration is necessary on a bill, the bill may be sent back to the house where it originated with necessary information within 15 days of receiving the bill. if the president sends back a bill with the information and if both the houses reconsiders the bill as it was presented or with amendments, and pass it and present it again to the president, the bill shall be certified by the president within 15 days of its submission. the bill becomes an act after it is certified by the president. 114. ordinance if at any time, except when both the houses of the federal parliament is in session, the president is satisfied that circumstances exist which render it necessary to take action, the president may issue an ordinance on the recommendation of the council of ministers. an ordinance promulgated under clause (1) shall have the same force and effect as an act. provided that, every such ordinance: shall be tabled at the next session and if not passed by both the houses, it shall cease to be effective, may be repealed at any time by the president, shall unless rendered ineffective or repealed under section (a) or (b), cease to have effect after six months of its issuance, or after six months of the meeting of both the houses, explanation: for the use of this clause, if the meetings of the federal parliament are held at different dates, the time shall be count from the later date of the meeting. part 10. federal financial procedures 115. not tax to be levied or loan to be raised no tax will be levied and collected except in accordance with law. no loan shall be raised or guarantee be given by the government of nepal except in accordance with law. 116. federal consolidated fund except for the revenues of religious endowments, all revenues received by the government of nepal, all loans raised on the security of revenues, and all money received in payment of any loan made under the authority of any act and any amount received by the government of nepal, unless any other arrangement is made by the act, shall be credited to a government fund to be known as federal consolidated fund. 117. expenditure from federal consolidated fund or federal government fund no expenditure shall be incurred out of the federal consolidated fund or any other federal government fund, other than the following: money charged to the federal consolidated fund, money required to meet expenditure under an appropriation act, advance money authorized by an act required to meet expenditures, when an appropriation bill is under consideration, or expenditures to be incurred in extraordinary circumstances under a vote of credit act which contains only a description of expenditure. provided that matters relating to the contingency fund shall be governed in accordance with article 124. 118. expenditure chargeable on the federal consolidated fund the expenditures related to the following matters shall be charged on the consolidated fund and the approval of the federal parliament shall not be necessary for such expenses: amount required as remuneration and benefits payable to the president and vice president, amount required as remuneration and benefits payable to the chief justice, supreme court justice and the judicial council members, amount required as remuneration and benefits payable to the speaker and deputy speaker of the house of representatives, chair and vice-chair of national assembly, amount required as remuneration and benefits payable to the heads and office-bearers of constitutional bodies, amount required as remuneration and benefits payable to the provincial head, the administrative expenses of the office of the president and the vicepresident, supreme court, judicial council and constitutional bodies and office of the provincial head, all charges relating to debts for which the government of nepal is liable, any sum required to be paid under any judgment or decree of a court against the government of nepal, and any other sum declared by federal law to be chargeable on the federal consolidated fund. 119. estimates of revenues and expenditure the finance minister of the government of nepal shall, with respect to every fiscal year, present before the joint meeting of both the houses of the federal parliament the annual estimates including the following matters: an estimate of revenues, the money required to meet the charges on the federal consolidated fund, and the money required to meet the expenditure to be provided for by an appropriation act. the annual estimates to be presented pursuant to clause (1) shall be accompanied by a statement of the expenses allocated to each ministry in the previous financial year and particulars of whether the objectives of the expenses have been achieved. the finance minister of the government of nepal shall table the revenue and expenditure estimates according to clause (1) on the 15th of the month of jestha (beginning of june) in the lunar calendar every year. 120. appropriation act the money required to meet the expenditure to be provided by an appropriation act shall be specified under appropriate heads in an appropriation bill. 121. supplementary estimates the finance minister of the government of nepal shall, in respective of any financial year, present supplementary estimates before the house of representatives, if it is found: that the sum authorized to be spent for a particular service by the appropriation act for the current fiscal year is insufficient, or that a need has arisen for expenditure upon new services not provided for by the appropriation act for that year, or that the expenditures made during that fiscal year are in excess of the amount authorized by the appropriation act. the sums included in the supplementary estimates shall be specified under separate heads in a supplementary appropriation bill. 122. votes on account notwithstanding anything contained in this part, a portion of the expenditure estimated for the financial year may, when an appropriation bill is under consideration, be incurred in advance by a federal act. a vote on account bill shall not be submitted until the estimates of revenue and expenditures have been presented in accordance with the provisions of article 119, and the sums involved in the vote on account shall not exceed one-third of the estimate of expenditure for the financial year. the expenditure incurred in accordance with the federal vote on account act shall be included in the appropriation bill. 123. votes of credit notwithstanding anything contained elsewhere in this part, if owing to a local or national emergency due to either natural causes, a threat of external aggression or internal disturbances or other reasons, and it is impractical or inexpedient in view of the security or interest of the state to specify the details required under clause (1) of article 119, the finance minister may present a vote of credit bill before the house of representatives giving only a description of the proposed expenditure. 124. federal contingency fund a federal act may create a contingency fund into which shall be paid from time to time such money as may be determined by the federal act. such fund created under clause (1) shall be under the control of the government of nepal. any unforeseen expenditures shall be met out of such fund by the government of nepal. the amount of expenditures so met under clause (2) shall be reimbursed as soon as possible as per the federal act. 125. act relating to financial procedures matters relating to the transfer of money appropriated from one head to another and other financial procedures shall be regulated by federal act. part 11. judiciary 126. courts to exercise powers related to justice powers relating to justice in nepal shall be exercised by courts and other judicial institutions in accordance with the provisions of this constitution, other laws and recognized principles of justice. all must adhere to the order or verdict given by the court in relation to the court cases. 127. courts there shall be the following courts in nepal: supreme court, high court, and district court in addition to the courts referred to in clause (1), other institutions may be established according to the need to adopt other means of alternatives of dispute resolution or judicial bodies to adjudicate cases at the local level according to the law. 128. supreme court there shall be a supreme court in nepal. the supreme court shall be the court of record. unless otherwise provided in this constitution, all other courts and judicial institutions shall be under the supreme court. the supreme court shall have the final power to interpret the constitution and law. the supreme court may inspect, supervise and give necessary directives to courts and other judicial institutions falling under its jurisdiction on matters relating to judicial administration or management. the interpretation of constitution and law or the legal principles propounded by the supreme court in relation to court cases must be followed by all. the supreme court can initiate a contempt of court case and punish according to the law against anyone obstructing its or its subordinate court’s act of judicial execution or not abiding by its order or verdict. 129. appointment and qualifications of chief justice and justices of the supreme court in addition to the chief justice of nepal, there shall be maximum of 20 justices in the supreme court. in case the number of the justices is inadequate because of the increase of number of cases at the supreme court, a maximum of ten temporary justices may be appointed for a certain period. president shall appoint a chief justice on the recommendation of constitutional council and justices of the supreme court on the recommendation of judicial council. any person who has worked as a judge of the supreme court for at least three years is eligible for appointment as chief justice of the supreme court. the tenure of office of the chief justice shall be six years. any nepali citizen who holds a bachelor degree of law and has worked as chief judge or judge of the high court for seven years or has practiced law for at least fifteen years as a law graduate senior advocate or advocate or has worked for at least fifteen years in the judicial or legal field or has worked as a gazetted officer first class or above of the judicial service for at least twelve years is eligible for appointment as a judge of the supreme court. explanation: the period worked as a judge of the appellate court before the commencement of this constitution shall be regarded as the period to have worked in capacity of the high court judge for the purpose of this clause. if the office of the chief justice becomes vacant, or the chief justice is unable to carry out the duties of her/his office due to any reason or she/he cannot be present in office due to a leave of absence, or her/his being outside of nepal, the senior-most judge of the supreme court shall act as the acting chief justice. 130. conditions of service and benefits of the chief justice and justices the chief justice, and judges of the supreme court are entitled to receive a pension as provided for in the law if they resign, or get compulsory retirement or die after having served for at least five years. except as otherwise provided in this constitution, the remuneration and other conditions of service of the chief justice and judge of the supreme court shall be according to the law. notwithstanding anything contained in clauses (1) and (2), any chief justice or judge of the supreme court who has been removed from office through impeachment or has been punished by the court on criminal charges of moral degradation shall not be entitled to any gratuities and pensions. the remuneration and other conditions of service of the chief justice and other judges of the supreme court shall not be altered to their disadvantage. however, this provision shall not apply in case of a declaration of a state of emergency due to severe economic breakdown. 131. vacation of office of chief justice or justices of the supreme court the chief justice or judge of the supreme court will cease to hold office in the following situations: if the chief justice submits her/his written resignation to the president and a judge submits her/his resignation to the chief justice, if she/he attains the age of six-five years, if an impeachment resolution is passed according to article 101, if the president relieves her/him of the post on the recommendation of the constitutional council in case of the chief justice and on the recommendation of the judicial council in case of the judge for not being able to perform duties in service due to physical or mental illness, if convicted by the court on criminal charges of moral degradation, or if she/he dies. 132. chief justice and justices not to be engaged in any other assignment the chief justice or judge of the supreme court shall not be engaged in or deputed to any other assignment except that of a judge. provided that the government of nepal may, in consultation with the judicial council, depute a supreme court judge to work concerning judicial inquiry or to legal or judicial investigation or research for a specified period. any person who has once held the office of chief justice or judge of the supreme court shall not be eligible for appointment in any government post, except otherwise mentioned in this constitution. 133. jurisdiction of the supreme court any nepali citizen may file a petition in the supreme court to have any law or any part thereof declared void on the ground of inconsistency with this constitution because it imposes an unreasonable restriction on the enjoyment of the fundamental rights conferred by this constitution or on any other ground, or any law formulated by the provincial assembly is inconsistent with the law formulated by federal parliament or any law formulated by municipal assembly or village assembly is inconsistent with the law formulated by federal parliament or provincial assembly, and extra-ordinary power shall rest with the supreme court to declare that law void either ab initio or from the date of its decision if it appears that the law in question is inconsistent. the supreme court shall, for the enforcement of the fundamental rights conferred by this constitution, for the enforcement of any other legal right for which no other remedy has been provided or for which the remedy even though provided appears to be inadequate or ineffective, or for the settlement of any constitutional or legal question involved in any dispute of public interest or concern, have the extraordinary power to issue necessary and appropriate orders to enforce such rights or settle the dispute. for this purpose, the supreme court may, with a view to imparting full justice and providing the appropriate remedy, issue appropriate orders and writs including the writs of habeas corpus, mandamus, certiorari, prohibition and quo warranto. provided that, except on the ground of absence of jurisdiction, the supreme court shall not, under this clause, interfere with the internal affairs of the federal parliament and, the proceedings and decisions of the federal parliament concerning violation of its privileges and any penalties imposed thereof. the supreme court shall have jurisdiction to hear original and appellate cases, to review its own judgments or interim order, to examine decision referred for confirmation, review cases or hear petitions. such review shall be done by judge other than the one involved in original verdict. the supreme court shall hear appeal of cases that have been initiated and executed by the high court, a subject of public interest litigation including a question related to the interpretation of the constitution and law or a case referred by the high court along with its opinion that it would be appropriate for the supreme court to decide on it. other rights and procedural of the supreme court shall be as per the federal law 134. transfer of cases if a case including the same question in substantial terms are under consideration of the supreme court and high courts and if the supreme court considers that the question is of public importance or if it is seen so in the petition of the attorney general or the petitioner of the case, the supreme court shall have the right to invite the case and decide it together. if special circumstances arise whereby question could be raised on the judicial impartiality over the hearing of a case in any high court, the supreme court may order according to the law by clarifying the reason and basis to transfer the hearing of the case from one high court to another high court. 135. not to be part of pleading of court cases the chief justice or judge of the supreme court, judge of the constitutional court following their retirement shall not be allowed to plead any cases in any court, or involve in reconciliation or mediation business. 136. responsibility of the chief justice the chief justice shall have the ultimate responsibility to make the administration of justice effective of the supreme court and other courts under its jurisdiction or other judicial institutions. 137. formation of the constitutional bench there shall be a constitutional bench in the supreme court. the bench shall comprise of the chief justice and other four justices appointed by the chief justice on the recommendation of judicial council. the bench under clause (1) shall hear and decide on the following cases in addition to the petitions filed according to clause (1) of article (133): related to disputes over the jurisdiction between the federation and province, among provinces, between a province and local level and among the local levels (of government), related to disputes concerning the election of members of the federal parliament or provincial assembly, and ineligibility of the member of the federal parliament or provincial assembly. notwithstanding anything written in article (133), the chief justice may allocate any cases under consideration at supreme court containing question of serious constitutional explanation to the bench under clause (1). other arrangements related to the procedures of the constitutional bench shall be as determined by the supreme court. 138. annual report each year, the supreme court, judicial council and judicial service commission shall present its annual report to the president, and the president through the prime minister shall submit such reports before the federal parliament. if recommendations from the federal parliament are deemed necessary upon discussion on the annual report submitted according to clause (1), then such recommendations may be given to the concerned institution through the government of nepal, ministry of law and justice. other provisions relating to the annual report according to clause (1) will be according to the law. 139. high court there shall be a high court in every province. the high court can initiate a contempt of court case and punish according to the law against anyone obstructing its or its subordinate court’s act of judicial execution or not abiding by its order or verdict. in addition to the chief judge, every high court shall have judges in the number as provided in the federal law. 140. the appointment and qualifications of the chief judge and judges of the high court the chief justice shall, on the recommendation of the judicial council, appoint the chief judge and judges of the high court. any nepali citizen who has a bachelor’s degree in law and has worked as a district judge for at least five years or has practiced as a law graduate senior advocate or advocate for at least ten years ; or for at least 10 years, has either taught law or conducted research thereon or worked in any other field of law or justice or worked in any post of gazetted first class officer of the judicial service for a period of at least five years shall be considered eligible for appointment as chief judge or other judge of the high court. during appointments of chief judge and other judges of the high court from among the persons meeting qualifications according to clause (2), in case of a district judge, the appointment shall be made also on the ground of the proportion of cases decided annually by her/him and the situation of cases endorsed or overturned during final decision in the higher court, and in case of others, on the ground of examination and evaluation according to the law. if the office of the chief judge becomes vacant, or the chief judge is unable to carry out the duties of her/his office due to any other reason, or she/he cannot be present in office due to a leave of absence or her/his being outside of the province, the senior-most judge of the high court shall act as the acting chief judge. 141. conditions of service and benefits of chief judge and judges unless otherwise mentioned in this constitution, the remuneration and other conditions of service of the chief judge and other judges of the high court shall be according to the law. notwithstanding anything contained in clause (1), the chief judge and judge of the high court, who has been removed from office following action by the judicial council or following punishment by the court on criminal charges constituting moral degradation, shall not be entitled to gratuity or pension. provided that this provision shall not apply in a condition of the judicial council removing her/him from office for being unable to perform duties of office due to reasons of physical or mental illness. the remuneration and other terms of service of the chief judge or judge of the high court shall not be altered to their disadvantage. provided that this provision shall not apply in situation of a declaration of state of emergency due to severe economic breakdown. 142. vacancy of office of the chief judge or judge the chief judge or judge of the high court shall cease to hold office in the following circumstances: if she/he submits written resignation to the chie justice, if she/he attains the age of sixty three years, if she/he is removed by the judicial council for reasons of incompetence, misbehavior, ill-intended activities and serious violation of the code of conduct, if she/he is removed by the judicial council for being unable to discharge the duties of her/his office due to physical or mental illness. if punished by the court on criminal charges constituting moral degradation, or if she/he dies. a judge who is facing a charge before being removed from office according to section (c) of clause (1) must be given a reasonable opportunity to defend herself/himself. the judge against whom proceedings have been initiated accordingly shall not perform duties of her/his office until the proceedings have been completed. the chief judge or judge removed from office may face investigation and prosecution according to the law for offense committed while holding office. 143. chief judge and judge not be engaged in any other assignment and transfer related provision the chief judge and judge shall not be transferred to or deputed to any assignment except that of a judge. provided that the government of nepal may, in consultation with the judicial council, depute a high court judge to work concerning judicial inquiry or for a specified period to any legal or judicial investigation or research or to any other work of national concern. the chief justice may transfer a high court judge from one high court to another on the recommendation of the judicial council. 144. jurisdiction of the high court the high court shall, for the enforcement of the fundamental rights conferred by this constitution, for the enforcement of any other legal right for which no other remedy has been provided or for which the remedy even though provided appears to be inadequate or ineffective, or for the settlement of any legal question involved in any dispute of public interest or concern, have the right to issue necessary and appropriate orders in the name of governments, office-bearers, institutions or individuals within its provincial jurisdiction. for the purpose of clause (1), the high court may issue appropriate orders and writs including the writs of habeas corpus, mandamus, certiorari, prohibition and quo warranto. provided that except on the ground of absence of jurisdiction, the high court shall not, under this clause, interfere with the internal task and the proceedings and decision of the provincial assembly concerning violation of its privileges and any penalties imposed thereof. the high court shall have jurisdiction to hear original and appellate cases and to examine decisions referred for confirmation, as provided for in law. other powers and working procedures of the high court shall be according to the federal law. 145. transfer of cases if the high court feels that any case under consideration at courts under its jurisdiction involved a question of provincial law and that the question needs to be resolved in order to decide the case, then the court may invite such cases from the subordinate courts and give full decision on the case or decide on such questions and send it back to the original court. if a special circumstance of questions likely to be raised on the judicial impartiality appears, then the high court may, by clearing the reasons and ground according to the law, order such cases to be transferred and heard from one district court to another district under its jurisdiction. 146. allowed to plead a person who has retired as a high court judge can plead in in the supreme court and high courts other than in the high courts and subordinate courts that she/he has served as the judge. 147. responsibility of the chief judge the chief judge shall have the ultimate responsibility to make the administration of justice within the jurisdiction of the high court effective, and for this purpose she/her may, subject to this constitution and other laws, give necessary instructions to the high court, other subordinate courts and judicial institutions. 148. district court there shall be a district court in every district. the local level judicial institutions established according to the provincial law shall remain under the district court. the district court may inspect, supervise and issue necessary instructions to its subordinate judicial institutions. 149. appointment, qualifications and remuneration and other terms of service of the judges of district courts the chief justice shall, on the recommendation of the judicial council appoint the judges of the district courts. the position of vacant district court judge shall be fulfilled as follows:out of the total vacant positions, twenty percent positions to be fulfilled through appointment of the second class officers of the judicial service who have completed bachelor’s level in law and having completed at least three years of service, based on seniority, qualifications and evaluation of performance; out of the total vacant positions, forty percent positions to be fulfilled through appointment of the second class officers of the judicial service who have completed bachelor’s level in law and having completed at least three years of service, based on an open competitive examination; out of the remaining positions, forty percent of positions to be fulfilled through an open competitive examination amongst nepali nationals who have the bachelor’s degree in law and worked as an advocate for eight years or at least eight years in any post of gazetted second class officer having completed bachelor’s degree in law or persons who have practiced law or has either taught law or conducted research thereon or worked in any other field of law and justice for at least eight years; the judicial service commission shall, after taking written and verbatim practical examinations according to the law from among the persons with qualifications according to section (b) and section (c) of clause (2), recommend to the judicial council according to the merit list for appointment as district judge. the remuneration and other conditions of service of the judges of district court shall be according to the law. the remuneration and other conditions of service of the judges of the district court shall not be altered to their disadvantage. provided that this provision shall not apply in a situation of declaration of a state of emergency due to severe economic breakdown. a judge of the district court shall cease to hold office in the following circumstances: if she/he submits written resignation to the chief justice of supreme court, if she/he attains the age of sixty three years, if she/he is removed by the judicial council for reasons of incompetence, misbehavior, ill-intended work or serious violation of the code of conduct, if removed by the judicial council for being unable to discharge the duties of her/his office due to physical or mental illness, if punished by the court on criminal charges constituting moral degradation, or if she/he dies. a judge of the district court who is facing a charge before being removed according to section (c) of clause (6) shall be given a reasonable opportunity to defend herself/himself. the judge against whom proceedings have been initiated accordingly shall not perform the duties of her/his office until the proceedings have been completed. the judge thus removed may face investigation and prosecution according to the law on offenses committed while holding office. 150. judges of the district court not to be engaged in any other assignment and provisions related to transfer a district court judge shall not be engaged in or deputed to any assignment except that of a judge. provided that the government of nepal may, in consultation with the judicial council, assign a district court judge to work concerning judicial inquiry or for a specified period to any legal or judicial investigation or research, or to works related to elections. the chief justice may transfer the judges of the district court from one court to another on the recommendation of the judicial council. 151. jurisdiction of the district court the district court shall, unless provided otherwise in the law, have jurisdiction to hear original cases and execute all cases within its jurisdiction, hear petitions of habeas corpus, prohibitory order and other petitions according to the law, hear appeal over the decisions taken by the quasi-judicial bodies, hear appeal over the decision of the local level judicial institutions established according to the law of the province and initiate action and punish in contempt of court against those obstructing its or its subordinate courts acts of judicial execution or not abiding by the order or verdict. the jurisdiction of the district court and other provisions relating to its working procedure shall be as provided for in the law. 152. specialized court in addition to the courts referred to in article 130, the law may establish and constitute other specialized courts, judicial institutions or tribunal, for the purpose of hearing cases of special types and nature. provided that no specialized court, judicial institution or tribunal shall be constituted for the purpose of hearing a particular case. cases related to criminal offense leading to prison sentence of more than a year shall not fall under the jurisdiction of any other institution other than a court or specialized court or military court or judicial body. 153. judicial council there shall be a judicial council to make recommendations and give advice in accordance with this constitution concerning the appointment of, transfer of, disciplinary action against, dismissal of judges, and other matters relating to judicial administration, which shall consist of the following as its chairperson and members:the chief justice-chairperson the federal minister for law and justice-member senior-most judge of the supreme court-member a legal expert nominated by the president on the recommendation of the prime minister-member a senior advocate, or an advocate who has at least twenty years’ experience to be appointed by the president on the recommendation of the nepal bar association-member the term of office of the members referred to in sections (d) and (e) of clause (1) shall be four years and their remuneration and privileges shall be the same as those of a judge of the supreme court. the members referred to in sections (d) and (e) of clause (1) above, may be removed from office on the same grounds and in the same manner as provided for the removal of a judge of the supreme court. the chairperson, inter alia, and members of the judicial council may obtain and study the documents and files of a case related to any complaint lodged against a judge, and may furnish information thereon to the judicial council. the judicial council may, while carrying out preliminary investigation of a complaint received against a judge, constitute a committee of inquiry, if it has determined that a detailed investigation by an expert is required. except in case of justices who can be removed from office through the impeachment motion under this constitution, the judicial council can investigate and move court cases against other judges accused of corruption or abuse of authority. the judicial council shall, pursuant to this constitution, maintain an updated record of the persons who meet the qualifications to be appointed to the post of chief justice and judge of the supreme court, chief judge and judge of the high court. the other functions, duties and powers of the judicial council shall be according to the law. 154. judicial service commission the government of nepal shall carry out appointments, transfers and promotions to gazetted posts of federal judicial service or take departmental action against any staff holding such post according to the law on the recommendation of the judicial service commission. provided that the government of nepal shall make permanent appointments through new recruitments in gazetted post of federal judicial service of a person who is not in federal government service or while making promotions from non-gazetted post of federal judicial service to gazette post of the same service, on the recommendation of the public service commission. explanation: for the purpose of this article, the public service commission shall conduct the open and internal practical examinations taken during appointments to gazetted post of judicial service. the judicial service commission shall consists of the following chairperson and members: chief justice of the supreme court-chairperson federal law and justice ministermember senior-most judge of the supreme court-member chairperson of the public service commission –member the attorney general-member the other functions, duties, and powers, and working procedures of the judicial service commission shall be according to the law. 155. provisions related to conditions of service and benefits the remuneration, benefits and conditions of service of the staffers of the federal judicial services shall be as provided in federal act. 156. provisions related to provincial level judicial service commission the formation of judicial service in the province and the remuneration, benefits and conditions of service of its staffers shall be as provided in the federal law. part 12. attorney general 157. attorney general there shall be an attorney general in nepal. the president, on the recommendation of the prime minister, shall appoint attorney general. the attorney general shall hold office as required by the prime minister. the person qualified to be the judge of the supreme court shall be eligible to be appointed as attorney general. the office of attorney general shall be deemed vacant under the following circumstances:if she/he submits resignation in writing through the prime minister to the president, if the president, on the recommendation of the prime minister, removes him/her from the office, if she/he dies. the remuneration and other facilities of the attorney general shall be at par with that of a judge of the supreme court. the other conditions of the service of the attorney general shall be as prescribed by law. 158. functions, duties and powers of attorney general the attorney general shall be the chief legal advisor to the government of nepal. it shall be the duty of the attorney general to give opinions and advice on constitutional and legal matters to the government of nepal and to such other authorities as the government of nepal may specify. the attorney general or officers subordinate to him/her shall represent the government of nepal in suits in which the rights, interests or concerns of the government of nepal are involved. unless this constitution otherwise requires, the attorney general shall have the right to make the final decision to initiate proceedings in any case on behalf of the government of nepal in any court or judicial authority. the attorney general shall appoint other attorneys as needed to deal with legal proceedings. the advice from the attorney general shall be required to withdraw any lawsuits filed on behalf of the government of nepal. in case of being called to do so, the attorney general may appear in the meeting of the federal legislature or any committee to express his/her opinion on any legal question. in the course of discharging his/her official duties, the attorney general shall have the right to appear before any court, office or authority of nepal. in addition to clause (2), the attorney general shall have authority as follows:to appear on behalf of the government of nepal in litigations submitted by or against the government of nepal. to monitor or cause to be monitored the implementation of interpretation of law and the legal principles propounded by the supreme court in the course of proceeding. to investigate allegations of inhuman treatment to any person in custody, or any denial of consultation with his/her relatives or through legal practitioners in case of complaints or information received to him through any means and give necessary instruction, under this constitution, to the relevant authorities, to prevent the recurrence of such a situation. the attorney general may delegate his/her functions, duties and power to his subordinates or prosecutors, to be exercised in compliance with the conditions specified. in addition to the functions, duties and rights as set out in this article, the other functions, duties and rights of the attorney general shall be as determined by this constitution and other laws. 159. annual report the attorney general shall, every year, prepare an annual report on the works she /he according this constitution and other laws, and submit it to the president, and the president, through the prime minister, shall make the report to be presented in the federal legislature. the report under clause (1) shall, in addition to other matters, cover the number of instances of constitutional and legal advice given in the year by the attorney general, a description of cases prosecuted by the government, a summary of cases involving the government as either plaintiff or defendant, and recommendations for future improvements in cases brought by the government. 160. chief attorney there shall be a chief attorney under attorney general in each province. the head of province shall, in recommendation of the chief minister, appoint chief attorney in the province. the chief attorney shall hold office as required by the chief minister. the person qualified to be the judge of the high court shall be eligible to be appointed as chief attorney. the office of chief attorney shall be deemed vacant under the following circumstances:if she /he submits resignation in writing through chief minister to the head of province , if the head of province, on the recommendation of the chief minister, removes him/her from the office, if she /he dies. the chief attorney shall be the chief legal advisor to the provincial government. it shall be the duty of the chief attorney to give opinions and advice on constitutional and legal matters to the provincial government and to such other authorities as the provincial government may specify. the office of the attorney general shall manage the staffs under office of chief attorney. the remuneration and other benefits of the chief attorney shall be at par with that of a judge of the high court. the other conditions of the service of chief attorney and his/her functions, duties and powers shall be as prescribed by law of the province. 161. provisions concerning terms and conditions of service and benefits the remuneration, other benefits and conditions for service for government attorneys and other employees working under the attorney general shall be as prescribed in federal law. part 13. provincial executive 162. provincial executive power the executive power of the province shall, pursuant to this constitution and laws, be vested in the council of ministers of the province. provided that the executive power of the province shall be exercised by the provincial head in case of absence of the provincial executive in a state of emergency or enforcement of federal rule. the responsibility for issuing general directives, controlling and regulating the administration of the province shall, subject to this constitution and other laws, lie in the provincial council of ministers. the executive functions of the province shall be exercised in the name of the provincial government. the provincial executive power, pursuant to this constitution, shall be as provided in the list of competencies of the province in schedule-6 and the list of concurrent competencies/powers in schedule-7 and schedule-9. provided that the provincial council of ministers must coordinate with the government of nepal while exercising executive powers in areas mentioned in the concurrent list. any decision or order or implementation warrant to be issued in the name of government of nepal, pursuant to clause (3) above, shall be authenticated as prescribed by the provincial law. 163. provisions related to the provincial head every province shall have a provincial head as the representative of the federal government. the president shall appoint a provincial head for every province. the term of office of the provincial head shall be of five years, except when she/he is removed by the president before the expiry of her/his term of office. the same person shall not be the provincial head for more than one time in the same province. 164. qualifications of provincial head any person with the following qualifications shall be eligible for the post of the provincial head: has attained 35 years of age, is eligible to be a member of the federal parliament, and is not ineligible by any law. 165. vacation of the post of provincial head the post of the provincial head shall fall vacant under following conditions: if she/he tenders her/his resignation before the president, if her/his term comes to an end or is removed by the president before the end of the term, or if she/he dies. in case of the post of the provincial head of any province falls vacant, the president may designate provincial head of any other province to officiate until a new provincial head is appointed. 166. functions, duties and powers of provincial head the provincial head shall exercise the rights and duties as specified in this constitution or laws all tasks executed by the provincial head as per clause (1) shall be carried out on the recommendation and consent of the provincial council of ministers except where it has been specified to be done on the recommendation of any institution or office-bearers pursuant to this constitution and law. such recommendation and consent shall be submit through the chief minister. the decision or order made in the name of the provincial head as provided for by clause (2) and the certification of credentials in that regard, shall be done as specified by provincial law. 167. oath of provincial head the provincial head shall take her/his oath of office and secrecy before the president, pursuant to the federal law. 168. constitution of the provincial council of ministers the provincial head shall appoint the leader of the parliamentary party with majority in the provincial assembly as the chief minister and the provincial council of ministers shall be formed under the chairpersonship of the chief minister. if no party carries a clear majority in the provincial assembly for purpose of clause (1), the provincial head shall appoint as chief minister the member of the provincial assembly who can attain majority of two or more than two parties represented in the provincial assembly. if a situation arises whereby the appointment of the chief minister according to clause (2) is not possible within thirty days from the date of announcement of the final result of the election to the provincial assembly or if the chief minister so appointed is unable to win a vote of confidence according to clause (4), the provincial head shall appoint as chief minister the leader of the parliamentary party with the highest number of members in the provincial assembly. the chief minister appointed pursuant to clause (2) or clause (3) above must obtain a vote of confidence from the provincial assembly within thirty days of being appointed the chief minister. if the chief minister appointed pursuant to clause (3) cannot obtain a vote of confidence pursuant to clause (4), the provincial head shall appoint as chief minister any other member pursuant to clause (2) who can win a vote of confidence in the provincial assembly. the chief minister appointed pursuant to clause (5) must obtain a vote of confidence pursuant to clause (4). if the chief minister appointed pursuant to clause (3) or (5) fails to obtain a vote of confidence pursuant to clause (4) and (6) or if appointment of chief minister pursuant to clause (5) is not possible, the provincial head shall dissolve the provincial assembly and announce the date for another elections to be held within six months. the appointment process of the chief minister in pursuant to this article shall be completed within thirty-five days of the announcement of the final result of the election held for the provincial assembly pursuant to this constitution or from which the post of the chief minister falls vacant. the provincial head shall, on the recommendation of the chief minister, constitute from among the members of the provincial assembly the provincial council of ministers on the basis of the principles of inclusion and not exceeding more than twenty per cent of the total number of members of the provincial assembly, including the chief minister. explanation: for the purpose of this article the word ‘minister’ shall mean minister, state minister and assistant minister. the chief minister and minister shall be collectively accountable towards the provincial assembly, and the ministers shall be individually responsible to the chief minister and the provincial assembly for the work of their respective ministries. 169. vacancy of office of chief minister and ministers the chief minister shall be deemed to have ceased to hold office in the following situations: if the chief minister submits her/his resignation to the provincial head. if vote of confidence pursuant to article 188 fails or the no-confidence motion against her/him is passed, if she/he ceases to be the member of the provincial assembly, or if she/he dies. the minister, state minister or assistant minister shall be deemed to have ceased to hold office in the following situations: if they submit their resignation to the chief minister, if the chief minister removes them, if the chief minister ceases to hold office pursuant to clause (1), or if she/he dies. if the chief minister ceases to hold office pursuant to clause (1), the existing council of ministers shall continue to function until a new provincial council of ministers is constituted. provided that in the case of the death of the chief minister, the senior most minister shall act as chief minister until a new chief minister is appointed. 170. appointment of non-member of provincial assembly as minister, state minister or assistant minister not withstanding anything contained in clause (9) of article (168), the provincial head, on the recommendation of the chief minister, may appoint any person who is not a member of provincial assembly as minister, state minister or assistant minister. the minister, state minister or assistant minister appointed pursuant to clause (1) shall gain membership of the provincial assembly within six months of taking oath. failure to attain membership of the provincial assembly within the period pursuant to clause (2) shall make them ineligible to be re-appointed as minister, state minister or assistant minister during the term of the existing provincial assembly. notwithstanding anything contained in clause (1) a person who lost in the elections of the existing provincial assembly shall not be eligible for appointment to the post of minister, state minister or assistant minister pursuant to clause (1) during the term of the same provincial assembly. 171. remuneration and other benefits of chief minister, minister, state minister and assistant minister the remuneration and other benefits of the chief minister, minister, state minister and assistant minister shall be as determined by an act. until so determined, they shall be as specified by the government of nepal. 172. oath the chief minister and ministers shall take their oath of office and secrecy according to the law before the provincial head, and the state ministers and assistant ministers shall take their oath of office and secrecy before the chief minister. 173. provincial head to be informed the chief minister shall inform the provincial head about the following subjects: the decision of the provincial council of ministers, bills to be presented before the provincial assembly, other necessary information sought by the provincial head in relation to subjects mentions in section (a) and (b), and the contemporary situation of the province. 174. conduct of business of the provincial government the allocation and transaction of business of the provincial government shall be carried out as set forth in rules approved by the provincial government. no question shall be raised in any court as to whether or not rules made pursuant to clause (1) above have been observed. part 14. provincial legislature 175. provincial legislature there shall be a unicameral legislature in a province which shall be called the provincial assembly. 176. formation of the provincial assembly every provincial assembly shall consist of the following number of members: members equal to double the number of members to be elected through the first-past-the-post (fptp) election system to the house of representatives from the concerned province, the number of members to be elected through the proportional representation (pr) election system equal to the number equivalent to the remaining forty per cent when the number of members maintained pursuant to section (a) is regarded as sixty per cent. electoral constituencies shall be maintained pursuant to federal law on the basis of geography and population for the election of the members pursuant to section (a) of clause (1) sixty per cent of the members of the provincial assembly shall be elected through first-past-the-post election system and forty per cent shall be elected through proportional representation election system; election of members of the provincial assembly to be conducted pursuant to clause (3) shall be held on the basis of adult franchise through secret ballot as provided in the law. every nepali citizen having domicile in a province and having attained the age of 18 years shall have the right to vote in any election constituency as provided for by law. the representation of women, dalit, indigenous, indigenous nationalities, khas arya, madhesi, muslim, backward region and minorities community on the basis of geography and population in the nominations filed by the political parties for the election to be held for the provincial assembly through the proportional representation (pr) election system shall be made on the basis of closed list in accordance with federal law. explanation: ‘khas arya’ shall mean chettri, brahman, thakuri, sanyasi (dashanami) community. while filing of candidacy by political party pursuant to clause (6), representation of the persons with disability shall also be made. in case the seat of any member falls vacant with more than six months of the term of the provincial assembly remaining, the seat shall be filled by pursuing the same electoral system by which earlier member had been elected. notwithstanding anything contained elsewhere in this article, at least one third of the total number of members to be elected from each political party to the provincial assembly shall have to be women. in case at least one third of the candidates elected from a political party pursuant to section (a) of clause (1) are not women, the political party shall have to make provision of electing at least one third women while electing members pursuant to section (b) of the same clause. any person eligible to vote for the member of provincial assembly and qualified as per article 178 can stand as candidate from any election constituency of the province. provided no one candidate shall stand in election from more than one constituency at a time. other provisions related to provincial assembly election shall be as prescribed in federal law. 177. term of provincial assembly unless dissolved earlier pursuant to this constitution, the term of the provincial assembly shall be five years. provided that the term of the provincial assembly may be extended by a maximum of one year as per the provincial act, in the event of the declaration of a state of emergency. the term of provincial assembly extended according to clause (2) shall, ipso facto, come to an end after six months of the date of annulment of the declaration of the state of emergency. 178. qualification of members of provincial assembly any person who possess the following qualifications is eligible to become a member of the provincial assembly: be a nepali citizen, be a voter of the concerned province, have attained twenty-five years, not have been punished for any criminal offence involving moral turpitude, not deemed ineligible by any law, and not be holding an office of profit. explanation: for the purpose of this section, ‘office of profit’ means any position, other than a political position, filled by election or nomination for which remuneration or economic benefit is paid out of a government fund. if a person who is elected or nominated to the position of the member of provincial assembly already holds a political position through election, nomination, or appointment, the position held by such a person shall automatically become vacant from the day of his/her taking oath of office. 179. oath of member of provincial assembly the members of the provincial assembly shall take the oath, as provided for in the law, before taking part for the first time in a meeting of the assembly or a meeting of any of its committee. 180. vacation of seat of provincial assembly member the seat of a member of the provincial assembly shall deemed to be vacant in the following circumstances: if she/he submits resignation to the speaker of the provincial assembly, if she/he does not, or has ceased to, possess the qualifications pursuant to article 178, if the term of the provincial assembly expires or is dissolved, if she/he remains absent from ten consecutive meetings without notification to the provincial assembly, if the party of which she/he was a member when elected provides notification in the manner set out by provincial law that she/he has left the party, or if she/he dies. 181. decision about disqualification of members of provincial assembly if a question arises as to whether any member of the provincial assembly is disqualified or has ceased to posses any of the qualifications required by article 178, the final decision shall be made by the constitutional bench of the supreme court. 182. speaker and deputy speaker of the provincial assembly the provincial assembly shall elect a speaker and a deputy speaker from among its members within fifteen days of the first meeting of the assembly. while electing speaker and deputy speaker as per clause (1), either of speaker or deputy speaker shall be woman and they shall belong to different parties. provided that if not more than one party is represented in the provincial assembly or candidacy has not been registered even with the presence of more than one party, it shall not obstruct the speaker and deputy speaker being from the same party. if the office of the speaker or deputy speaker falls vacant, the provincial assembly shall fill the vacancy through election from among its members. in the absence of the speaker of the provincial assembly, the deputy speaker shall chair the meeting of the provincial assembly. if the election of the speaker and deputy speaker has not taken place, or if both the positions become vacant, the member who is the senior most by age among the members present, shall preside over the meeting of the provincial assembly. the office of the speaker or deputy speaker of provincial assembly shall become vacant in the following circumstances: if she/he ceases to be a member of the provincial assembly, if she/he submits written resignation, or if a resolution is adopted by a majority of two-thirds of the total number of members existing for the time being in the provincial assembly, to the effect that her/his conduct is not compatible with her/his position. the deputy speaker shall preside over the meeting at which deliberations are to be held on a resolution that the conduct of the speaker is not compatible with her/his position. the speaker shall be entitled to take part and vote in the deliberations on such a resolution. 183. summoning and prorogation of sessions of provincial assembly the provincial head shall summon the session of the provincial assembly within twenty days after the final result of the election to the provincial assembly has been announced. and the subsequent sessions shall be called from time to time pursuant to the constitution by the provincial head. provided that the period between the prorogation of a session and the commencement of new session shall not be more than six months. the provincial head may prorogue the session of the provincial assembly. if, when the provincial assembly is not in session or has been adjourned, at least one-fourth of all members of the provincial assembly submit a request stating that it is desirable that a session or meeting of the provincial assembly be called, the provincial head shall call such a session or meeting by setting the date and time for this. the session of the provincial assembly shall commence or the meeting will be held in the date and time designated accordingly. 184. address by the provincial head the provincial head shall make a call to address the session of the provincial assembly and appeal to members for their presence in it. the provincial head shall address the first session held following the elections to the provincial assembly and the meeting of the provincial assembly after commencement of the first session every year. 185. quorum of provincial assembly except as otherwise provided for in this constitution, no resolution shall be presented for decision in any meeting of the provincial assembly unless one-fourth of the total number of members are present. 186. voting in provincial assembly any resolution submitted for decision in the provincial assembly shall be decided by a majority vote of members present and voting. the presiding member shall not have the right to vote. provided that in case of a tie the presiding member may exercise a casting vote. 187. privileges of provincial assembly there shall be full freedom of speech, pursuant to this constitution, in the provincial assembly and no member shall be arrested or detained or prosecuted in any court for anything expressed or for any vote cast in that meeting. the provincial assembly shall, pursuant to this constitution, have full power to regulate its business, and it shall have the exclusive right to decide whether or not any proceeding of the provincial assembly is regular. no question shall be raised in any court in this regard. no comment shall be made about the good faith of any proceedings of the provincial assembly, and no person shall make or disseminate anything about the comments or suggestion made by any member, deliberately misinterpreting or distorting their meaning. the provision of clause (1) and (3) shall also be applicable to any other person who is allowed to take part in the provincial assembly, other than the member of the provincial assembly. no proceedings shall be initiated in any court against any person for publication made under authority given by the provincial assembly of any document, report, vote or proceeding. explanation: for this clause and for clauses (1), (2), (3) and (4), the word ‘provincial assembly’ shall also mean the meeting of the committee of the provincial assembly. no member of the provincial assembly shall be arrested after a notice of the summoning of the session has been issued and until the session ends. provided that nothing in this clause shall be deemed to prevent the arrest of any member on a criminal charge under any law. if any member is so arrested, the authority making such arrest shall immediately inform the person chairing the provincial assembly. any breach of privilege shall be deemed to constitute contempt of the provincial assembly and the provincial assembly shall have the exclusive right to decide whether or not any breach of privilege of the assembly has taken place. if a person is in contempt of the provincial assembly, the person chairing the meeting may, in accordance with a decision by the meeting to that effect, reprimand or warn or impose a sentence of imprisonment not exceeding three months or impose a fine of up to ten thousand rupees on such a person, and such fine shall be recovered as government dues. provided that if such a person submits an apology to the satisfaction of the provincial assembly, it may either pardon her/him or alter the sentence imposed on her/him. other matters relating to privileges of the provincial assembly shall be as determined by the provincial law. 188. provisions related to vote of confidence and no-confidence motion if the chief minister considers it necessary or appropriate to make it clear that the provincial assembly has confidence in her/him, she/he may propose a vote of confidence to the provincial assembly any time. if the party represented by the chief minister is divided or if a party joining the provincial government withdraws its support, the chief minister shall propose a vote of confidence to the provincial assembly within thirty days. if the vote proposed in pursuant to clause (1) and (2) is not passed by a majority of the total number of members existing in the time being, the chief minister shall cease to hold office. at least one-fourth of the total number of members of the provincial assembly may propose a no-confidence motion, stating that the provincial assembly has no confidence in the chief minister. provided that a no-confidence motion shall not be moved until the first two years of her/his appointment as the chief minister and not before another year once a no-confidence motion fails. a no-confidence motion pursuant to clause (4) shall also include the name of the proposed member for the post of chief minister. if the no-confidence motion registered pursuant to clause (4) is passed by a majority of the total number of members existing in the time being in the provincial assembly, the chief minister shall cease to hold office. if the no-confidence motion pursuant to clause (6) is passed and the post of chief minister falls vacant, the provincial head shall appoint as chief minister, pursuant to article 168, the member of the provincial assembly proposed pursuant to clause (5). 189. minister, state minister and assistant minister to attend the meeting of provincial assembly the minister, state minister and assistant shall be allowed to attend and take part in the business and deliberations of the provincial assembly and its committee meetings. provided that the minister, state minister or assistant minister, who is not a member of the provincial assembly, shall not be allowed to vote in the provincial assembly meeting or its committees and the minister, state minister or assistant minister, who is a member of the provincial assembly shall not be allowed to vote in the meeting of the committee other than she/he is a member. 190. unauthorized presence or voting in provincial assembly to be penalized if any person who has not taken oath pursuant to article 178 or does not hold necessary qualifications for membership of the provincial assembly attends the provincial assembly or its committee meetings or votes in capacity of a member then the person presiding over the meeting shall order a fine of five thousand rupees against the person for every instance of such attendance or voting, and the penalty shall be recovered as government dues. 191. restriction on discussion no discussion shall be held in the provincial assembly which could have an adverse impact in the judicial execution of a matter under consideration in any court of nepal, and about anything done by a judge in the course of performance of his or her judicial duties. 192. transaction of business in case of vacancy in membership the proceedings of the provincial assembly shall be conducted notwithstanding any vacancies in its membership, and no proceedings shall become invalid even if it subsequently found that a person not entitled to take part in the proceedings participated. 193. provincial assembly to form committees the provincial assembly shall constitute committees or special committees according to the need and as provided for in its rules to manage the transaction of business of the provincial assembly. 194. procedure relating to the conduct of business of the provincial assembly the provincial assembly shall frame rules to conduct its business, maintain order during its meetings and to regulate the constitution, functions and procedures of, and for any other matters pertaining to, committees of the provincial assembly. 195. secretary and secretariat of the provincial assembly the provincial head shall, on the recommendation of the speaker of the province, appoint secretary of the provincial assembly. there shall be a secretariat to carry out and manage the business of the provincial assembly. the establishment of such a secretariat and other matters related thereto shall be as determined by provincial law. the qualification, functions, duties, powers and other terms and conditions of service of the secretary of the provincial assembly shall be as provided for in the law. 196. remuneration the remunerations and benefits of the speaker, deputy speaker and members of the provincial assembly shall be as provided for in the provincial law. until such a law is formulated, it shall be as determined by the provincial government. part 15. provincial legislative procedure 197. legislative power of provincial legislature the legislative powers of the provincial legislature shall be as enumerated in schedule-6, schedule-7 and schedule-9. 198. procedure to introduce bills in the provincial assembly a bill may be introduced, pursuant to this constitution, in the provincial assembly. the finance bills and bills concerning law and order shall be introduced only as a government bill. “finance bill” means a bill concerning all or any of the following subjects: the imposition, collection, abolition, remission, alteration or regulation of taxes or regulation of tax system in the province, the preservation of the provincial consolidated fund or any government fund of another province, the deposit of money into and the appropriation or the withdrawal of money from such funds, or the reduction, increment or cancellation of appropriations or of proposed expenditures from such funds, the regulation of matters relating to the raising of loans or the giving of guarantees by the provincial government, or any matter pertaining to amendment of the laws concerning the financial liabilities undertaken or to be undertaken by the provincial government, the custody and investment of all revenues received by any provincial government fund, money acquired through the repayment of loans, and the grant of money; or audits of the accounts of the provincial government; or matter directly related to sections (a), (b), (c), (d) and (e). provided that a bill shall not be deemed to be a finance bill by reason only that it provides for the levying of any charges and fees such as license fee, application fee, renewal fee or it provides for imposition of any penalty or imprisonment. if any question arises whether a bill is a finance bill or not, the decision of the speaker of the provincial assembly thereon shall be final. 199. procedure for passing bills a bill passed by the provincial assembly shall be presented to the head of province for certification. if a session of the provincial assembly terminates while a bill is under consideration, deliberations on the bill may continue at the succeeding session: provided that if the provincial assembly is dissolved or its term expires when any bill is under consideration at the provincial assembly, such bill shall be deemed to have lapsed. 200. withdrawal of the bill a bill may be withdrawn by the member introducing it with the approval of the provincial assembly. 201. certification of the bill a bill which to be presented to the head of province for certification pursuant to article 199 shall be so presented by the speaker of the provincial assembly after certifying it. provided that in the case of a finance bill, the speaker shall so certify stating that it is a finance bill. the head of province shall certify the bill presented to her/him for certification within fifteen days, and inform the provincial assembly about the same as soon as possible. except for a finance bill, if the head of province is of the opinion that any bill presented to her/him for certification needs further deliberations, she/he may send back the bill with her/his message to the provincial assembly within fifteen days from the date of presentation of the bill to her/him. if any bill is sent back with a message from the head of province, it shall be reconsidered by the provincial assembly and if the bill so reconsidered is again passed as it was or with amendments, and is again presented to him/her, the head of province shall certify the bill within fifteen days of such presentation. a bill shall become an act after it is certified by the head of province. 202. ordinance if at any time, except when the provincial assembly is in session, if circumstances exist which render it necessary to take immediate action, the head of province may, on the recommendation of the provincial council of ministers, promulgate an ordinance. an ordinance promulgated under clause (1) shall have the same force and effect as of act: provided that every such ordinance: shall be tabled at the next session of provincial assembly, and if not passed it shall ipso facto cease to be effective; may be repealed at any time by the head of province ; and shall, unless rendered ineffective or repealed under sections (a) or (b), ipso facto cease to have effect at the expiration of sixty days from the commencement of the session of the provincial assembly. part 16. financial procedures of province 203. no tax to be levied or loan to be raised no tax shall be levied and collected except in accordance with law. no loan shall be raised and guarantee be given by the provincial government except in accordance with the federal law. 204. consolidated fund of the province except for the revenues of religious endowments, all revenues received by the provincial government, all loans raised on the security of revenues, and all the money received in repayment of any loan made under the authority of any act and any amount received by the provincial government shall be credited to a provincial government fund to be known as the provincial consolidated fund. 205. expenditures from the provincial consolidated fund or a provincial government fund no expenditure shall be incurred out of the provincial consolidated fund or any other provincial government fund other than the following: money charged on the consolidated fund, money required to meet expenditure under an appropriation act, advance money authorized by an act required to meet expenditures, when an appropriation bill, is under consideration, or expenditures to be incurred in extraordinary circumstances under a vote of credit act which contains only a description of expenditure. provided that matters relating to the provincial contingency fund shall be in accordance with article 212. 206. expenditure chargeable on the provincial consolidated fund the expenditures relating to the following matters shall be charged on the provincial consolidated fund and permission of the provincial assembly shall not be necessary for such expenses : the amount to be provided for the salary and benefits of the speaker and deputy speaker of the province, the amount required as remuneration and benefits payable to the chairperson and members of the provincial public service commission, all charges relating to debts for which the provincial government is liable, any sum required to be paid under any judgment or decree of a court against the provincial government, any other sum declared by law to be chargeable on the provincial consolidated fund. 207. estimates of revenues and expenditure the finance minister of the province shall, with respect to every fiscal year, present before the provincial assembly annual estimates including the following matters: an estimate of revenues, the money required to meet the charges on the provincial consolidated fund, and the money required to meet the expenditure to be provided for by provincial appropriation act. the annual estimate to be presented pursuant to clause (1) shall be accompanied by a statement of the expenses allocated to each ministry in the previous financial year and particulars of whether the objectives of the expenses have been achieved. 208. province appropriation act the money required to meet the expenditure to be provided by any province appropriation act shall be specified under appropriate heads in an appropriation bill. 209. supplementary estimates the finance minister of the province shall, in respect of any financial year, present supplementary estimates before the provincial assembly, if it is foundthat the sum authorized to be spent for a particular service by the provincial appropriation act for the current fiscal year is insufficient, or that a need has arisen for expenditure upon new services not provided for by the provincial appropriation act for that year, or that the expenditures made during that fiscal year are in excess of the amount authorized by the provincial appropriation act. the sums included in the supplementary estimates shall be specified under separate heads in a supplementary appropriation bill. 210. votes on account notwithstanding anything contained in this part, a portion of the expenditure estimated for the financial year may, when an appropriation bill is under consideration, be incurred in advance by an act. a vote on account bill shall not be submitted until the estimates of revenues and expenditures have been presented in accordance with the provisions of article 207, and the sums involved in the vote on account shall not exceed one-third of the estimate of expenditure for the financial year. the expenditure incurred in accordance with the vote on account act shall be included in the appropriation bill. 211. votes of credit notwithstanding anything contained elsewhere in this part, if owing to a provincial emergency due to either natural causes or a threat of external aggression or internal disturbances or other reasons, it is impractical or inexpedient in view of the security or interest of the province to specify the details required under clause (1) of article 207, the finance minister of the province may present a vote of credit bill before the provincial assembly giving only a description of the expenditure. 212. provincial contingency fund a provincial act may create a fund by the name of provincial contingency fund into which shall be paid from time to time such money as may be determined by the provincial act. such fund created under clause (1) shall be under the control of the provincial government. any unforeseen expenditures shall be met out of such fund by the provincial government. the amount of the expenditures so met shall be reimbursed as soon as possible as per the provincial act. 213. act relating to financial procedures matters relating to the transfer of money appropriated by provincial act from one head to another and other financial procedures shall be regulated by provincial act. part 17. local executive 214. executive power of local the local executive power shall, subject to this constitution and other laws, be vested in the village executive or town executive. the local executive power shall, subject to this constitution, remain limited to the subjects mentioned in the local level/level competencies in schedule-8 and schedule-9. the responsibility for issuing general directives, controlling and regulating the administration of village council and municipality shall, subject to this constitution and other laws, lie in the village executive and town executive. the executive functions of the village council and municipality shall be exercised in the name of village executive and town executive. any decision or order or implementation warrant to be issued in the name of the village executive and town executive, pursuant to clause (4) above, shall be authenticated as prescribed by law. 215. provisions related to head and deputy head of village executive there shall be a head of village executive in every village council. the village executive shall be formed under her/his chairpersonship. the village executive, pursuant to clause (1), shall have a deputy head and ward chairpersons elected from each ward and members elected as per clause (4) below. the election of the head and deputy head shall be held through secret ballot based on one person one vote according to the first-past-the-post electoral system by the voters of the concerned village council area. explanation: for the purpose of this article, ‘head and deputy head’ shall mean the head and deputy head of the village executive. four women members that are elected by the village assembly members from among themselves and two persons elected from the dalit or minority community with qualifications pursuant to clause (5) below shall also be members of the village executive and this election shall be held within 15 days following the final result of the election of village assembly as per article 222. any person with the following qualifications shall be eligible for election to the post of head, deputy head, ward chairperson and member: be a nepali citizen, have attained twenty-one years of age, is included in the voters list of the village council, is not ineligible by any law. the term of office of the head, deputy head, ward chairperson and village executive members shall be of five years any person who has been elected to the post of the head for two terms shall not be eligible to become a candidate in the subsequent village municipality elections the post of the head, deputy head, ward chairperson or member shall fall vacant under following conditions:if the head tenders her/his resignation before the deputy head and the deputy head before the head, if her/his term comes to an end, or if she/he dies in case the post of head or deputy head falls vacant as per clause (8) with more than one year of the term left, the vacant post for the remaining term shall be filled through by-elections. 216. provisions related to mayor and deputy mayor of municipality there shall be a mayor of the municipal executive in every municipality. the municipal executive shall be formed under her/his chair. the municipal executive, pursuant to clause (1), shall have a deputy mayor, ward chairperson elected from each ward and members elected as per clause (4) below. the election of the mayor and deputy mayor shall be held through secret ballot based on one person one vote according to the first-past-the-post electoral system by the voters of the concerned municipal council area. explanation: for the purpose of this article, ‘mayor and deputy mayor’ shall mean the head and deputy head of the municipal executive. five women members that are elected by the municipal assembly members from among themselves and three persons elected from the dalit or minority community with qualifications pursuant to clause (5) below shall also be members of the municipal executive and this election shall be held within 15 days following the final result of the election of municipal assembly as per article 223 any person with the following qualifications shall be eligible for election to the post of head, deputy head, ward chairperson and members: be a nepali citizen, have attained twenty-one years of age, is included in the voters list of the municipality, is not ineligible by any law. the term of office of the head, deputy head, ward chairperson and municipal executive members shall be of five years. any person who has been elected to the post of the mayor for two terms shall not be eligible to become a candidate in the subsequent municipality elections. the post of the head, deputy head, ward chairperson or members shall fall vacant under following conditions:if the head tenders her/his resignation before the deputy head and the deputy head before the head, if her/his term comes to an end, or if she/he dies. in case the post of head and deputy head falls vacant as per clause (8) with more than one year of the term left, the vacant post for the remaining period shall be filled through by-elections. 217. judicial committee there shall be a judicial committee under the convenorship of the deputy head of the village executive in every village council and under the convenorship of the deputy mayor of the municipality in every municipality to exercise power to hear cases, as entrusted to the village council or municipality pursuant to federal and provincial laws. the judicial committee, pursuant to clause (1), shall have two members designated by the head of village executive in case of village council and two members designated by the mayor of the municipal executive in case of a municipality. 218. conduct of business of village executive and municipal executive the allocation and transaction of business of the village executive and municipal executive shall be carried out as set forth in rules approved by the village executive and municipal executive. 219. other provisions related to local level executive other provisions relating to the local level executive other than those written in this part shall be as provided for in the laws drafted, in pursuant to this constitution, by the federal parliament. 220. district assembly and district co-ordination committee there shall be a district assembly, as provided in the law, for coordination and essential management among the village municipalities and municipalities within the district. head of every village executive and mayor of every municipal executive within the district shall be members in the district assembly. the first meeting of the district assembly shall be held within thirty days of the announcement of the final results of the village assembly and municipal assembly elections. the district assembly shall, pursuant to provincial laws, elect a district coordination committee with a maximum of nine members including a head, a deputy head, at least three women and at least one person from the dalit or minority community. the district coordination committee shall execute all tasks to be carried out on behalf of the district assembly. the members of the village assembly or municipal assembly within the district concerned shall be eligible to be a candidate for the post of head, deputy head or member of the district coordination committee. the term of office of the head, the deputy head and member of the district coordination committee shall be of five years. the post of the head or deputy head or member of the district coordination committee shall fall vacant under following conditions:if the head tenders her/his resignation before the deputy head and the deputy head or member tenders her/his resignation before the head, if her/his term comes to an end, or if she/he dies. the function, duties and powers of the district assembly shall be as follows: to coordinate among the village municipalities and municipalities and province within the district, to carry out monitoring so as maintain balance in development and construction works, to maintain coordination among the federal and provincial government offices and village council and municipality within the district, to perform other tasks as provided for in the provincial law. the fiscal responsibility related to the operation of district assembly and benefits received by members of district coordination committee shall be upon the provincial government. part 18. local legislature 221. legislative power of local level the legislative power of the local level shall, subject to this constitution, be vested in the village assembly and municipal assembly. the legislative power of the village assembly and municipal assembly shall be as enumerated in schedules-8 and -9. 222. formation of village assembly there shall be a village assembly in each village council. the village assembly referred to in clause (1) shall comprise a village executive head, a deputy head and four members elected from every ward of the village council and member of the village executive elected from the dalit or minority community pursuant to clause (4) of article 215. the village assembly to be constituted pursuant to clause (1) shall have the representation of at least two women from every ward of the village council. one ward committee comprising of one ward chairperson and four members shall be formed in each ward of the village council as provided for in federal law. the election of the ward chairperson and members shall be held on the basis of the first past the post system. every person who has attained the age of eighteen years and included in the voters list of the village council shall be entitled to vote as provided for in a federal law. any person who possess the following qualifications is eligible to become a candidate for the post of member of the village assembly: be a nepali citizen, have attained twenty-one years of age, be included in the voter’s list of the village council, and not deemed ineligible by any law elections to the village assembly and other matters pertaining thereto shall as provided for in the law. 223. constitution of municipal assembly there shall be one municipal assembly in each municipality. the municipal assembly referred to in clause (1) shall comprise the mayor and deputy mayor, ward chairperson and four members elected from every ward of the municipal council and member of the municipal executive elected from the dalit or minority community pursuant to clause (4) of article 216. the municipal assembly to be constituted pursuant to clause (1) shall have the representation of at least two women from every ward of the municipality. one ward committee comprising of one ward chairperson and four members shall be formed in each ward of the municipality as provided for in federal law. the election of the ward chairperson and members shall be held on the basis of the first past the post system. every person who has attained the age of eighteen years and is included in the voters list of the municipality shall be entitled to vote, as provided for in a federal law. any person who possesses the following qualifications is eligible to become a candidate for the post of member of the municipal assembly: be a nepali citizen, have attained twenty-one years of age, be included in the voter’s list of the municipality, and not deemed ineligible by any law. elections to the municipal assembly and other matters pertaining thereto shall as provided for in the federal law. 224. chairperson and vice-chairperson of village assembly and municipal assembly the head and deputy head of the village executive and the mayor and deputy mayor of the municipal executive shall carry out the transaction of business as chairperson and vice-chairperson of the village assembly and municipal assembly respectively. 225. term of office of village assembly and municipal assembly the term of village assembly and municipal assembly shall be five years. 226. to form laws the village assembly and municipal assembly shall make necessary laws on the subjects mentioned in the list of competencies of the local level pursuant to schedule-8 and 9. the procedure of drafting of laws pursuant to clause (1) shall be as provided for in the provincial law. 227. other provisions related to village assembly and municipal assembly the operation of the village assembly and municipal assembly, meeting procedures, formation of committees, condition of vacation of the post of members, the benefits entitled to members of the village assembly and municipal assembly and other arrangements of the village council and municipality personnel and office shall be as provided for in the provincial law. part 19. local financial procedure 228. no tax to be levied or loan to be raised no tax shall be levied and collected except in accordance with law. the local level shall impose tax in areas within its jurisdiction, without causing any adverse impact on the national economic policy, transportation of goods, services, capital and labor, and on neighboring province or local levels. 229. local consolidated fund there shall be a local consolidated fund in every village council and municipality under the local level. all revenues received by the local village council or municipality, grants and loans received from the government of nepal and the provincial government and any amount received from other sources shall be deposited in such fund. provision relating to expenditures from the local consolidated fund, pursuant to clause (1), shall be as provided for in the local law. 230. estimate of revenue and expenditure of village council and municipality the village executive and municipal executive shall, with respect to every fiscal year, present before the village assembly or municipal assembly annual estimates of revenues and expenditure, and have it passed. if the village executive and municipal executive have to develop a deficit budget while presenting a budget under clause (1), they shall, pursuant to federal law and provincial law, also propose sources to fulfill the deficit. part 20. interrelationship between the federation, provinces and local levels 231. legislative interrelationship between federation and province federal law shall be formulated to be enforced across nepal or to any region of nepal according to the need. provincial law shall be formulated to be effective within whole of the province or any part thereof. if two or more provinces make a petition before the federal parliament to make laws on any subject in the schedule-6, the federal parliament may formulate necessary laws. such laws shall be enforced in the respective provinces only. 232. relations between the federation, provinces and local level the federation, provinces and the local level shall enjoy relations based on the principles of cooperative, coexistence and coordination. the government of nepal may issue necessary directives, pursuant to the constitution and prevalent laws, to all the provinces on matters of national importance and on matters to be coordinated among the provinces and it shall be the duty of the respective province to abide by such directives. if any province indulges in an act that would have a serious effect on nepal’s sovereignty, territorial integrity or independence, autonomy, the president shall, according to the need, reprimand such a province, suspend or dissolve the council of ministers of the province and the provincial assembly. the act of such suspension or dissolution of the council of ministers of the province and the provincial assembly, pursuant to clause (3), must be approved by a majority of total members of the federal parliament existing in the time being within thirty-five days. if the suspension or dissolution, pursuant to clause (3), is endorsed by the federal parliament, fresh elections of the provincial assembly of such province shall be held within six months. provided that if not endorsed by the federal parliament, such suspension or dissolution shall ipso facto cease to be effective. if the suspension pursuant to clause (3) is endorsed according to clause (4) and until elections are held pursuant to clause (5), federal rule shall come into force in such province. during a period when federal rule is imposed, the federal parliament may make laws on the matters enumerated in schedule-6. such law shall prevail until its repeal by subsequent law enacted by the provincial assembly. the government of nepal may, in pursuant to the constitution and federal law, provide necessary support and directives to the village executive and municipal executive on its own or through the provincial government. it shall be the duty of the village executive or municipal executive to abide by such directive. 233. relations among the provinces a province shall cooperate in implementing the legal provisions or judicial and administrative decisions or orders of another province. a province shall exchange information and consult on subjects of mutual concern and interest, coordinate mutually about its tasks and legislation and expand mutual support with another province. a province shall provide equal protection, treatment and benefits to residents of another province in according with its own laws. 234. inter-provincial council there shall be an inter-provincial council to settle disputes of political nature between the federation and province and among the provinces, consisting of a chairperson and members as follows: prime minister -chairperson home minister of government of nepal -member finance minister of government of nepal -member chief ministers of respective provinces -member meeting of the inter-provincial council shall be held as may be necessary. the inter-provincial council shall, according to need, invite to the meeting of the council the minister of the government of nepal and the minister of the province and experts related to the subject of dispute. procedures concerning meeting of inter-provincial council shall be as determined by the said council. 235. coordination among the federation, provinces and local levels the federal parliament shall formulate necessary laws to maintain coordination between the federation, provinces and local levels. the provincial assembly shall coordinate with district coordination committee to establish coordination between the province and village council or municipality and to settle disputes, if any, of political nature. the method and procedure of settling disputes pursuant to clause (2) shall be as provided for in the provincial law. 236. interprovincial trade no obstruction of any kind or levying of taxes or discrimination shall be made in the export and import of goods or services from one province or local level to another province or local level and in the transportation of any goods or services through the territory of any province or local level to another province or local level of nepal. 237. jurisdiction of the constitutional court not to be affected nothing contained in this part shall have any effect on the jurisdiction of the constitutional bench of the supreme court as provided for in article 137. part 21. commission for the investigation of abuse of authority 238. commission for the investigation of abuse of authority there shall be a commission for the investigation of abuse of authority in nepal, consisting of a chief commissioner and four other commissioners. the chief commissioner shall act as the chairperson of the commission for the investigation of abuse of authority. the president shall, on the recommendation of the constitutional council, appoint the chief commissioner and other commissioners. the term of office of the chief commissioner and other commissioners shall be six years from the date of appointment. notwithstanding anything contained in clause (3), the office of the chief commissioner or a commissioner shall be deemed vacant under the following circumstances: if she/he submits a written resignation to the president, if she/he attains the age of sixty-five, if a resolution of impeachment is passed against her/him as per article 101, if she/he is removed by the president on the recommendation of constitutional council for being unable to discharge the duties of her/his office due to physical or mental illness, or if she/he dies. chief commissioner or commissioners appointed as per clause (2) cannot be re-appointed. provided that, nothing in this clause shall be deemed to bar the appointment of a commissioner to chief commissioner, and when a commissioner is so appointed as the chief commissioner, her/his term of office shall be computed as to include her/his tenure as commissioner as well. any person who possesses the following qualifications is eligible to be appointed as the chief commissioner or a commissioner of the commission for the investigation of abuse of authority: holds a bachelor's degree from a recognized university, is not a member of any political party immediately before the appointment, has at least twenty years of experience in the field of accounting, revenue, engineering, law, development or research and is a distinguished person, has attained forty-five years of age, and possesses a high moral character. the remuneration and other conditions of service of the chief commissioner and the commissioners shall be as determined by law. the remuneration and other conditions of service of the chief commissioner and the commissioners shall not, so long as they hold office, be altered to their disadvantage. provided that this provision shall not apply in the event of a declaration of a state of emergency due to extreme financial breakdown. a person who has been the chief commissioner or commissioner shall not be eligible for appointment in any other government service. provided that nothing in this clause shall be deemed to be a bar to the appointment to any position of a political nature, or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinions or recommendations after carrying out a study or research on any subject. 239. functions, duties and powers of the commission for the investigation of abuse of authority the commission for investigation of abuse of authority may, in accordance with the law, conduct or cause to be conducted investigations of corruption by a person holding any public office. provided that this clause shall not be applicable to any official in relation to whom this constitution itself separately provides for such action, and to any officials with regard to whom other law has separately made special provision. any investigation may be conducted or caused to be conducted, against any official of a constitutional body removed from their office following an impeachment resolution on the ground of misbehavior as per article 101, any judge removed by the judicial council, or any person proceeded against under the army act after they are removed from office, in accordance with federal law. if the commission for the investigation of abuse of authority finds, upon investigation carried out pursuant to clause (1) and (2), that a person holding any public office has committed an act which is defined by law as corrupt, it may lodge or caused to be lodged a case against such person or any other person involved therein in a court with jurisdiction, in accordance with the law. if the commission for the investigation of abuse of authority finds, upon investigation carried out pursuant to clause (1) and (2), that the nature of the work to be carried out by the person holding any public office falls under the jurisdiction of another authority or body, it may forward a recommendation to authority or body concerned in writing for necessary action. the commission for the investigation of abuse of authority may delegate any of its functions, duties and powers relating to the investigation or lodging of cases, to the chief commissioner, commissioner or any officer-level employee of the government of nepal to be exercised and followed in compliance with the conditions specified. subject to this constitution, other function, duties, powers and procedures of the commission for the investigation of abuse of authority shall be as determined by federal law. part 22. auditor general 240. auditor general there shall be an auditor general of nepal. the auditor general shall be appointed by the president on the recommendation of the constitutional council. the term of office of the auditor general shall be six years from the date of appointment. notwithstanding anything contained in clause (3), the office of the auditor general shall be deemed vacant in the following circumstances:if she/he submits a written resignation to the president, if she/he attains the age of sixty-five, if a resolution of impeachment is passed against her/him as per article 101, if she/he is removed by the president on the recommendation of constitutional council for being unable to discharge the duties of her/his office due to physical or mental illness, or if she/he dies. auditor general appointed as per clause (2) shall not be re-appointed. any person who possesses the following qualifications is eligible to be appointed as the auditor general:holds a bachelor’s degree in management, commerce or accounts from a recognized university, or has worked as a special class officer of the government of nepal after successfully completing the chartered accountants examination, or has at least twenty years experience in the field of auditing, is not a member of any political party immediately before appointment, has attained forty-five years of age, and possesses high moral character. the remuneration and conditions of service of the auditor general shall be as determined by law. the remuneration and other conditions of service of the auditor general shall not, so long as she/he holds office, be altered to her/his disadvantage. provided that this provision shall not apply in the case of declaration of a state of emergency due to extreme economic breakdown. a person who has been the auditor general shall not be eligible for appointment in other government service. provided that, nothing in this clause shall be a bar to appointment to any position of a political nature, or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinions or recommendations after carrying out studies or research on any subject. 241. functions, duties and powers of the auditor general the accounts of the office of the president and vice-president, supreme court, the federal parliament, provincial assemblies, provincial governments, constitutional bodies or their offices, courts, the office of the attorney general and the nepal army, nepal police and armed police as well as of all other government offices and courts shall be audited by the auditor general in the manner determined by law, with due consideration given to the regularity, economy, efficiency, effectiveness and the propriety thereof. the auditor general shall be consulted in the matter of the appointment of auditors for carrying out the audit of any corporate body of which the government of nepal or provincial government owns more than fifty percent of the shares or assets. the auditor general may also issue necessary directives setting forth the principles for carrying out the audit of such corporate bodies. the auditor general shall, at all times, have access to documents concerning the accounts for the purpose of carrying out the functions specified in clause (1). it shall be the duty of the head of the office in question to provide all documents or information which may be demanded by the auditor general or her/his employees. the accounts to be audited pursuant to clause (1) shall, subject to the federal law, be maintained in such form as is prescribed by the auditor general. in addition to the accounts of the offices referred to in clause (1), the federal law may also require that the accounts of any other office or institution be audited by the auditor general. part 23. public service commission 242. public service commission there shall be a public service commission of nepal consisting of a chairperson and four other members. the president shall, on the recommendation of the constitutional council, appoint the chairperson and members of the public service commission. at least fifty percent of the total number of members of the public service commission shall be appointed from among persons who have worked for twenty years or more in any government service, and the rest of the members shall be appointed from among persons who have done research, investigation, teaching or any other significant work in fields such as science, technology, art, literature, law, public administration, sociology or any other sphere of national life and who hold a high reputation. the term of office of the chairperson and other members of the public service commission shall be six years from the date of appointment. the chairperson and members appointed pursuant to clause (2) shall not be eligible for reappointment. provided that nothing in this clause shall be deemed to be a bar to the appointment of a member of the public service commission as chairperson thereof, and when a member is so appointed as the chairperson, her/his term of office shall be computed so as to include her/his tenure as member as well. notwithstanding anything contained in clause (4), the office of chairperson or other members shall be deemed vacant in the following circumstances:if she/he submits a written resignation to the president, if she/he attains the age of sixty-five, if a resolution of impeachment is passed against her/him as per article 101, if she/he is removed by the president on the recommendation of constitutional council for being unable to discharge the duties of her/his office due to physical or mental illness, or if she/he dies. a person who possesses the following qualifications is eligible to be appointed as the chairperson and member of the public service commission: holds a post-graduate degree from a recognized university, is not a member of any political party immediately before appointment, has attained the age of forty five years, and possesses high moral character. the remuneration and other conditions of service of the chairperson and members of the public service commission shall be as determined by law. the remuneration and other conditions of service of the chairperson and members of the public service commission shall not, so long as they hold office, be altered to their disadvantage. provided that this provision shall not apply in the case of declaration of a state of emergency due to extreme economic breakdown. a person who has been the chairperson and the member of the public service commission shall not be eligible for appointment in other government service. provided that, nothing in this clause shall be deemed to be a bar to appointment to any position of a political nature, or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinions or recommendations after carrying out studies or research on any subject. 243. functions, duties and powers of the public service commission it shall be the duty of the public service commission to conduct examinations for the selection of suitable candidates to be appointed to civil service positions. explanation: for the purposes of this article, "civil service positions" shall mean positions of all services of the government of nepal, except army and federal police or armed police, and such other services and positions as are excluded from the civil service or positions by act. in addition to the civil service, provisions shall be made in the law for the public service commission to conduct the written examinations for the recruitment in the nepalese army, nepal police or armed police force, or federal government services or corporate bodies. explanation: for the purpose of this article, the words "corporate bodies" shall mean any corporate body including corporation, company, bank, committee, commissions to be formed under a federal law, authority, academy, board, center, council and similar institution in which the government of nepal owns and controls more than fifty percent of the shares or assets, other than a university and teachers service commission. consultation with the public service commission shall be made on matters concerning general principles to be followed while promoting a person holding a position of nepal army, nepal police, armed police force, nepal and of other federal government services. consultation with the public service commission shall be made on matters concerning general principles to be followed while formulating laws concerning terms and conditions of services of any corporate body including promotion and departmental actions. no permanent appointment shall be made in a position which entitles to pension from nepal government except on the recommendation of the public service commission. the public service commission shall be consulted on the following subjects: matters concerning the law relating to the conditions of service of the federal civil service, the general principles to be followed in the course of appointment to, promotion to, and departmental action concerning therein, the federal civil service or positions therein, matters concerning the suitability of any candidate for appointment to a federal civil service position for a period of more than six months, matters concerning the suitability of any candidate for transfer or promotion from one kind of federal civil service to another kind of federal civil service or from any other government service to the federal civil service or for changing the service or translocation from the civil service position of any province to federal civil service position or from federal civil service position to the provincial civil service. matters concerning the permanent transfer or promotion of any employee working in any position of an organization which is not required to consult with the public service commission on matters of appointment, to any position for which consultation with the public service commission is required, and matters relating to departmental actions proposed against any federal civil servant. notwithstanding anything contained in clause (6), matters falling within the purview of the judicial service commission pursuant to article 154 shall be governed by that article. the public service commission may delegate any of its functions, duties and powers to any members of the commission, a committee of such members or any employee of the government of nepal, to be exercised and followed in compliance with specified conditions. subject to this constitution, other functions, duties and working procedures of the public service commission shall be as determined by federal law. 244. provision related to provincial public service commission there shall be a provincial public service commission in every province. the formation, functions, duties and powers of the provincial public service commission shall be determined as provided for in the provincial law. for the purpose of clause (2), the federal parliament by making a law, shall determine the bases and criteria. part 24. election commission 245. election commission there shall be an election commission in nepal consisting of a chief election commissioner and four other election commissioners. the chief election commissioner shall act as the chairperson of the election commission. the president shall, on the recommendation of the constitutional council, appoint the chief election commissioner and the election commissioners. the term of office of the chief election commissioner and the election commissioners shall be six years from the date of appointment. notwithstanding anything mentioned in clause (3), the office of the chief election commissioner and election commissioner shall be deemed vacant in the following circumstances: if she/he submits a written resignation to the president, if she/he attains the age of sixty-five, if a resolution of impeachment is passed against her/him as per article 101, if she/he is removed by the president on the recommendation of constitutional council for being unable to discharge the duties of her/his office due to physical or mental illness. if she/he dies. the chief commissioner and commissioner appointed pursuant to clause (2) shall not be eligible for reappointment. provided that nothing in this clause shall be deemed to be a bar to the appointment of a commissioner of the election commission as chief commissioner thereof, and when a commissioner is so appointed as the chief commissioner, her/his term of office shall be computed so as to include her/his tenure as commissioner as well. any person who possesses the following qualifications is eligible to be appointed as the chief election commissioner or an election commissioner:holds a bachelor's degree from a recognized university, is not a member of any political party immediately before the appointment; has attained the age of forty five, and possesses high moral character. the remuneration and other conditions of service of the chief election commissioner and the election commissioners shall be as determined by law. the remuneration and other conditions of service of the chief election commissioner and the election commissioners shall not, so long as they hold office, be altered to their disadvantage. provided that this provision shall not apply in the case of declaration of a state of emergency due to extreme economic breakdown. a person who has been the chief election commissioner or the election commissioner shall not be eligible for appointment in other government services. provided that, nothing in this clause shall be deemed to be a bar to the appointment to any political position or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinion or recommendation after carrying out a study or research on any subject. 246. functions duties and, powers of election commission the election commission shall, subject to this constitution and other laws, conduct, supervise, direct and control the election of the president, the vice-president, federal parliament, provincial assemblies, local bodies. the election commission shall be responsible for preparing the voters’ list for the purpose of election. the election commission shall hold referendum on subject of national importance as per this constitution and federal laws. if candidacy nominations have been registered for the election of the president, the vice-president, the member of federal parliament and provincial assembly but a question arises before the completion of the election about the illegitimacy of a candidate, a final decision thereon shall be made by the election commission. the election commission may delegate any of its functions, duties and powers to the chief election commissioner, election commissioner or any employee of the government of nepal to be exercised and followed in compliance with the conditions specified. other functions, duties and powers and working procedures of the election commission shall be as regulated by law. 247. necessary cooperation to be extended the government of nepal, provincial government and local government shall provide necessary employees and extend other cooperation as may be required to perform the functions of the election commission in accordance with this constitution. part 25. national human rights commission 248. national human rights commission there shall be a national human rights commission in nepal consisting of the following chairperson and four other members: the president shall, on the recommendation of the constitutional council, appoint the chairperson and the members of the national human rights commission. the term of office of the chairperson and members of the national human rights commission shall be six years from the date of appointment. the chairperson and members appointed pursuant to clause (2) shall not be eligible for reappointment. provided that nothing in this clause shall be deemed to be a bar to the appointment of a member of the commission as chairperson thereof, and when a member is so appointed as the chairperson, her/his term of office shall be computed so as to include her/his tenure as member as well. notwithstanding anything contained in clause (3), the office of the chairperson or the members of the national human rights commission shall be deemed vacant in the following circumstances: if she/he submits a written resignation to the president, if a resolution of impeachment is passed against her/him as per article 101, if she/he is removed by the president on the recommendation of constitutional council for being unable to discharge the duties of her/his office due to physical or mental illness, or if he or she dies. any person who possesses the following qualifications is eligible to be appointed as the chairperson or a member of the national human rights commission :for the position of chairperson, a person from among the retired chief justices or judges of the supreme court who has made an outstanding contribution to the protection and promotion of human rights, or a person who holds a high reputation and has rendered an outstanding contribution in the field of protection and promotion of human rights or various sections of national life for at least twenty years, for the position of members, persons from among the persons who hold high reputation and have been actively involved in the field of, and rendered an outstanding contribution to, the protection and promotion of human rights or children rights, or various sections of national life for at least twenty years, holds a bachelor's degree from a recognized university, has attained the age of forty five, is not a member of any political party immediately before the appointment, and possesses high moral character. the remuneration and other conditions of service of the chairperson and the members of the national human rights commission shall be as determined by law. the remuneration and other conditions of service of the chairperson and the members of the national human rights commission shall not, so long as they hold office, be altered to their disadvantage. provided that this provision shall not apply in the case of declaration of a state of emergency due to extreme economic breakdown. a person who has been the chairperson or a member of the national human rights commission shall not be eligible for appointment in any other government service. provided that nothing in this clause shall be deemed to be a bar to the appointment to any political position or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinion or recommendation after carrying out a study or research on any subject. 249. functions, duties and powers of national human rights commission it shall be the duty of the national human rights commission to ensure the respect, protection and promotion of human rights and their effective implementation. in order to perform the duty pursuant to clause (1), the national human rights commission may carry out the following functions:conduct inquiries into, and investigations of, and recommendation for action against the perpetrator of, instances of violation or abetment of violation the human rights of any person or a group of persons, upon a petition or complaint presented to the commission by the victim herself/himself or any person on her/his behalf or upon information received from any sources, or on its own initiative, forward a recommendation to the authority concerned to take departmental action against any authority that has the duty of responsibility to prevent violations of human rights, if it failed to perform such duty or responsibility or showed recklessness or lack of interest in performing that duty, make recommendations if necessary, to lodge a petition in the court, in accordance with the law, against a person or institution that has violated human rights, work jointly and in a coordinated manner with civil society to enhance awareness of human rights, forward a recommendation to the relevant authority for taking departmental action against or imposing punishment on the violators of human rights, giving clear reasons and basis therefor, review existing laws relating to human rights on a periodic basis and to recommend to the government of nepal necessary reforms and amendment thereto, recommend with reasons to the government of nepal that it become a party to any international treaties and agreements on human rights, if it is desirable to do so, and to monitor the implementation of the international treaties and agreements on human rights to which nepal is a party and if found not to be implemented, forward recommendations to the government of nepal for effective implementation of such agreements, publicize the names of any official, person or bodies not following or implementing the recommendations and directions of the national human rights commission regarding the violations of human rights in accordance with law, and to record them as human rights violators. the national human rights commission in performing its functions and duties, may exercise the following powers:exercise same powers as the court in requiring any person to appear before the commission for recording their statement and information or examining them, receiving and examining evidence, and ordering the production of any physical proof, in case the commission has received the information from any source that a serious incident of violation of human rights has occurred or is likely to occur, it may enter a person’s residence or office, conduct a search and seize any documents and evidence relating to human rights violations therein, enter any government premises or other places, without prior notice, in case the commission has received information that violation of human rights of a person is occurring thereon and immediate action is required, to provide rescue, order compensation for the victims of human rights violations in accordance with law, the national human rights commission may delegate any of its functions, duties and powers to the chairperson, any member or any employee of the government of nepal to be exercised and followed in compliance with the conditions specified other functions, duties and powers and procedural of the national human rights commission shall be as specified by federal law. part 26. national natural resources and fiscal commission 250. national natural resources and fiscal commission there shall be a national natural resources and fiscal commission in nepal consisting of a chairperson and members not exceeding five in number. the president shall, on the recommendation of the constitutional council, appoint chairperson and members of the national natural resources and fiscal commission. the tenure of office of the chairperson and members of the national natural resources and fiscal commission shall be for six years from the date of appointment. notwithstanding anything contained in clause (3), the office of the chairperson and members of the national natural resources and fiscal commission shall be deemed vacant in the following circumstances: if a written resignation is tendered to the president, if he/she attains the age of 65 years; if an impeachment motion against him/her is passed as per article 101, if she/he is removed by the president on the recommendation of constitutional council for being unable to discharge the duties of her/his office due to physical or mental illness. if he/she dies. the chairperson and members appointed pursuant to clause (2) shall not be eligible for reappointment. provided that nothing in this clause shall be deemed to be a bar to the appointment of a member of the commission as chairperson thereof, and when a member is so appointed as the chairperson, her/his term of office shall be computed so as to include her/his tenure as member as well. any person with the following qualifications is eligible to be appointed as the chairperson or member of the national natural resources and fiscal commission: who holds at least a bachelor’s degree in the concerned subject from a university recognized with expertise in natural resources or fiscal management, economics, law or management, and having at least twenty years of experience in the sector who is not a member of a political party at the time of the appointment, who is at least forty five years of age, and who has a high moral character. the remuneration and the conditions of service of the chairperson and members of the national natural resources and fiscal commission shall be as provided for by law, and the remuneration and conditions of service shall not be alterable to their disadvantage. provided that, this provision shall not be applicable in the event of the declaration of a state of emergency due to extreme economic breakdown. a person who has already served as the chairperson or a member of the national natural resources and fiscal commission shall not be eligible to be appointed in other government position/service. provided that nothing in this clause shall be deemed to be a bar to the appointment to any political position or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinion or recommendation after carrying out a study or research on any subject. 251. the functions, duties and powers of national natural resources and fiscal commission the functions, duties and powers of the national natural resources and fiscal commission shall be as follows: determine extensive grounds and measures, regarding the distribution of revenue from the federal consolidated fund to the federal, provincial and local level governments according to the constitution and law, making recommendations, according to law, on distribution of the equalization grants to provincial and local governments from the federal consolidated fund, conducting research and studies with regard to making a basis for distribution of conditional grants to provincial and local governments in compliance with national policy and program and standards, and the state of infrastructure there. determine extensive grounds and measures regarding the distribution of revenue between provincial and local governments from the provincial consolidated fund. making recommendations regarding the measures of reforms on responsibilities of expenditures and revenue generation for the federal, provincial and local governments. making recommendations about the internal loans the federal, provincial and local governments may take, by analyzing the macroeconomic indices. reviewing the bases of revenue distribution between the federal and provincial governments, and making recommendations for reform. determine base for computing the share of investment and return for federal, provincial and local government while exploiting natural resources, and make necessary recommendations. making recommendations about coordination and mitigation of disputes likely to arise regarding distribution of natural resources between the federation and province, between the provinces, between a province and local level entity, or between local level entities. the national natural resources and fiscal commission shall make recommendations to the nepal government, by conducting necessary research into, with regards to environmental impact assessment linked to distribution of natural resources. other matters including the functions, duties and powers of the national natural resources and fiscal commission, extensive basis for revenue distribution and natural resources exploitation, shall be as provided for by federal law. part 27. other commissions 252. national women commission there shall be a national women commission in nepal consisting of a chairperson and four other members. the president shall, on the recommendation of the constitutional council, appoint the chairperson and members of the national women commission. the term of office of the chairperson and other members shall be six years from the date of appointment. notwithstanding anything contained in clause (3), the office of the chairperson and members of national women commission shall be deemed vacant in the following circumstances: if she submits written resignation to the president, if she attains the age of sixty five, if a motion of impeachment is passed against her as per article 101, if she/he is removed by the president on the recommendation of constitutional council for being unable to discharge the duties of her/his office due to physical or mental illness. if she dies. the chairperson and members appointed pursuant to clause (2) shall not be eligible for reappointment. provided that nothing in this clause shall be deemed to be a bar to the appointment of a member of the commission as chairperson thereof, and when a member is so appointed as the chairperson, her/his term of office shall be computed so as to include her/his tenure as member as well. any person who possesses the following qualifications is eligible to be appointed as the chairperson or member of national women commission:a woman who has made a significant contribution for the rights, interest of women or gender justice or women development or in the field of human rights and law for at least ten years, holds a bachelor's degree from a recognized university in case of the chairperson, has attained the age of forty-five, is not a member of any political party immediately before the appointment, and possesses high moral character, the remuneration and other conditions of service of the chairperson and other members of the national women commission shall be as determined by law. the remuneration and other conditions of service of the chairperson and the member of the national women commission shall not, so long as they hold office, be altered to their disadvantage. provided that, this provision shall not apply in the case of declaration of a state of emergency due to extreme economic breakdown. a person who has been the chairperson or member of national women commission shall not be eligible for appointment in other government services. provided that nothing in this clause shall be deemed to be a bar to the appointment to any political position or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinion or recommendation after carrying out a study or research on any subject. 253. functions, duties and powers of the national women commission functions, duties and powers of the federal women commission shall be as follows:to formulate policies and programs regarding women welfare for the government of nepal and forward them to the government for implementation, to review whether or not statutes related to women’s welfare are executed, and whether the international covenant signed by nepal, as a signatory, has been executed, and to forward a recommendation to the government of nepal in case they are found not to have been executed, to monitor, review and evaluate policies and programs implemented by the state to bring women into the mainstream of national development such as proportionate representation in all of the state agencies, and to forward a recommendation to the government of nepal for an effective implementation of those provisions, to carry out research and studies regarding gender equality, women empowerment, other legal provisions concerning women, and to forward a recommendation to the concerned bodies regarding the areas to be amended in those laws, and to monitor the same, to monitor the government regarding report to be submitted by the government of nepal in matters related to international covenant and treaties to which nepal is a party, to forward a recommendation to concerned authority to lodge a petition in the court, in accordance with the law, in matters related with gender violence, and women deprived of women rights due to social malpractices, the national women commission may delegate, some of its rights to the chairperson of the commission, member, or an officer of the government of nepal, to be exercised in compliance with the conditions specified. other functions, duties and powers of the national women commission shall be as specified in federal law. 254. offices may be established in province the national women’s commission may establish its offices in provinces as may be necessary. 255. national dalit commission there shall be a national dalit commission in nepal consisting of chairperson and four other members. the president shall, on the recommendation of constitutional council, appoint the chairperson and members of national dalit commission. the term of office for the chairperson and members of national dalit commission shall be for six year from the date of appointment. notwithstanding anything contained in the clause (3), the office of the chairperson and the members of national dalit commission shall be vacant in the following circumstances:if he/she submits written resignation to the president, if he/she is passed 65 years of age, in case impeachment proposal filed against him/her is passed as per article 101, if she/he is removed by the president on the recommendation of constitutional council for being unable to discharge the duties of her/his office due to physical or mental illness, or if he/she dies. the chairperson and members appointed pursuant to clause (2) shall not be eligible for reappointment. provided that nothing in this clause shall be deemed to be a bar to the appointment of a member of the commission as chairperson thereof, and when a member is so appointed as the chairperson, her/his term of office shall be computed so as to include her/his tenure as member as well. persons who meet following qualification shall be eligible for appointment in the posts of chairperson and members of the national dalit commission:a person from dalit community who has significantly contributed to dalit welfare, human rights and in the legal field for at least ten years, in case of the chairperson, a person who has held at least bachelor’s degree in human rights, social justice, sociology, or law from the recognized university who has attained the age of forty-five years, who has not been a member of any political party immediately before the appointment, who possesses high moral character. the remuneration and other benefits of the chairperson and members of the national dalit commission shall be as prescribed by law, and conditions and terms of remuneration and other benefits shall not be altered, so long as they hold office, to their disadvantage. provided that extreme economic breakdown has led to the state of emergency, this provision shall not be applicable. the person, who has served in the capacity of chairperson or members of the national dalit commission, shall not be eligible for appointment in other government services. provided that, nothing in this clause shall be deemed to be a bar to the appointment to any position of a political nature, or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to the position which has the responsibility of submitting advice, opinions or recommendations. 256. functions, duties and powers of national dalit commission functions, duties and powers of national dalit commission shall be as follows:to carry out research and studies regarding dalit community of nepal so as to identify legal and institutional reforms to be made and make a recommendation to the government of nepal, to formulate national policies and programs in matters related with ending caste discrimination, untouchability, suppression and to enhance dalit’s status and development, and to forward a recommendation to the government of nepal for implementation, to monitor, so as to ensure whether the special provisions and laws related with dalit welfare have been implemented or not, and to forward a recommendation to the government of nepal, in case these provisions are found not to have been implemented, to review or monitor the government of nepal, so as to ensure that the government of nepal submits the report as a signatory to the international treaties and agreement, as provisioned by those treaties, to monitor, review and evaluate the policies and programs implemented by the state to bring dalit community into the mainstream of national development such as proportionate representation in all of the state agencies, and to forward a recommendation to the government of nepal for an effective implementation of those provisions, to recommend to respective agencies on filing petitions in court according to the law, against any person or organization if it is deemed necessary on subjects of discriminations on caste and untouchability or victim of social malpractices or disallowing or depriving of exercising the right of dalits. the national dalit commission may delegate, as required, some of its powers to the chairperson of the commission, member, or an officer of the government of nepal, to be exercised in compliance with the conditions specified. other functions, duties and powers of the national dalit commission, shall be as specified by federal law. 257. offices may be established in province the national dalit commission may establish its offices in provinces as may be necessary. 258. national inclusion commission there shall be a national inclusion commission in nepal consisting of chairperson and as many as four other members. the president shall, on the recommendation of constitutional council, appoint the chairperson and members of national inclusion commission. the term of office of chairperson and members of national inclusion commission shall be six years from the date of appointment. notwithstanding anything contained in the clause (3), the posts of the chairperson or member of national inclusion commission shall be deemed vacant in the following circumstances:if he/she submits written resignation to the president, if he/she is past 65 years of age, in the case impeachment proposal filed against him/her is passed as per article 101, if she/he is removed by the president on the recommendation of constitutional council for being unable to discharge the duties of her/his office due to physical or mental illness, or if he/she dies. the chairperson and members appointed pursuant to clause (2) shall not be eligible for reappointment. provided that nothing in this clause shall be deemed to be a bar to the appointment of a member of the commission as chairperson thereof, and when a member is so appointed as the chairperson, her/his term of office shall be computed so as to include her/his tenure as member as well. persons who meet following qualification requirement shall be eligible for appointment in the post of chairperson and member of national inclusion commission:who has significantly contributed, for at least ten years, in the field of social inclusion, and in promoting the rights and interests and development of persons disability, marginalized, minority and backward communities, human rights in case of chairperson, a person who has attained at least bachelor’s degree from recognized university, who has attained the age of forty five years, who has not been a member of any political party immediately before the appointment, who possesses high moral character. the remuneration and other conditions of service of the chairperson and members of the national inclusion commission shall be as prescribed by law. conditions and terms of remuneration and other benefits shall not be altered, so long as they hold office, to their disadvantage. provided that extreme economic breakdown has led to state of emergency, this provision shall not be applicable. the person, who has served in the capacity of chairperson or members of the national inclusion commission, shall not be eligible for appointment in other government services. provided that, nothing in this clause shall be deemed to be a bar to the appointment to any position of a political nature, or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to the position which has the responsibility of submitting advice, opinions or recommendations. 259. functions, duties and powers of national inclusion commission functions, duties and powers of national inclusion commission shall be as follows:to carry out research and studies for protecting rights and welfare of khash arya, backward class, persons with disability, senior citizens, laborers, peasants, marginalized and minority communities, people of karnali region and economically disadvantaged people, to review the policies of the government of nepal for inclusion of the persons as mentioned in section (a) above and their implementation, and to forward necessary recommendation to the government for reform, to conduct study about the rightful representation of the persons as mentioned in section (a) above in the state mechanisms, and to forward a recommendation to the government of nepal to review the provision to ensure their representation therein, to study whether protection, empowerment and development of the persons as mentioned in section (a) is satisfactory and to forward a recommendation to the government of nepal regarding the policies to be adopted for the future, to recommend the government of nepal regarding policies and programs to be implemented for development and prosperity of karnali and other backward regions, to recommend for timely revision in the laws related to minorities and marginalized communities, to monitor the situation of implementation of rights and interests of minorities and marginalized communities, and to make recommendations for revision based on reports of periodic census and human development indices the national inclusion commission may delegate, as required, some of its powers to the chairperson of the commission, member, or an officer of the government of nepal, to be exercised in compliance with the conditions specified. other functions, duties and powers of the national inclusion commission shall be as specified by federal law. 260. offices may be established in province the national inclusion commission may establish its offices in provinces as may be necessary. 261. adibasi janajati commission there shall be a adibasi janajati commission in nepal consisting of chairperson and as many as four other members. the president shall, on the recommendation of constitutional council, appoint the chairperson and members of adibasi janajati commission. the term of office of chairperson and members of adibasi janajati commission shall be six years from the date of appointment. the qualifications, conditions of vacancy, remuneration and conditions of service of the chairperson and members of adibasi janajati commission and other provisions related to functions, duties and power of such commission shall be according to the federal law. 262. madheshi commission there shall be a madheshi commission in nepal consisting of chairperson and as many as four other members. the president shall, on the recommendation of constitutional council, appoint the chairperson and members of madheshi commission. the term of office of chairperson and members of madheshi commission shall be six years from the date of appointment. the qualifications, conditions of vacancy, remuneration and conditions of service of the chairperson and members of madheshi commission and other provisions related to functions, duties and power of such commission shall be according to the federal law. 263. tharu commission there shall be a tharu commission in nepal consisting of chairperson and as many as four other members. the president shall, on the recommendation of constitutional council, appoint the chairperson and members of tharu commission. the term of office of chairperson and members of tharu commission shall be six years from the date of appointment. the qualifications, conditions of vacancy, remuneration and conditions of service of the chairperson and members of tharu commission and other provisions related to functions, duties and power of such commission shall be according to the federal law. 264. muslim commission there shall be a muslim commission in nepal consisting of chairperson and as many as four other members. the president shall, on the recommendation of constitutional council, appoint the chairperson and members of muslim commission. the term of office of chairperson and members of muslim commission shall be six years from the date of appointment. the qualifications, conditions of vacancy, remuneration and conditions of service of the chairperson and members of muslim commission and other provisions related to functions, duties and power of such commission shall be according to the federal law. 265. review of the commissions federal parliament shall review the commissions constituted under this part after ten years of commencement of this constitution. part 28. provision regarding national security 266. national defense council there shall be a national defense council to formulate policies for nepal’s overall national interests, security and defense, and in order to make recommendations to the council of ministers, government of nepal on mobilization or control of nepal army comprising following chairperson and members:prime minister -chairperson defense minister, government of nepal -member home minister, government of nepal -member minister for foreign affairs, government of nepal-member finance minister, government of nepal -member chef secretary of government of nepal-member chief of the army staff-member the secretary of ministry of defense shall work as the secretary of national defense council. the national defense council shall submit its annual report to the president; the president shall make it present to the federal legislature through the council of ministers, government of nepal. other provisions of national defense council shall be in accordance with federal law. 267. provision relating to nepal army there shall be an organization of nepal army, committed to democratic principles, inclusive in character and national in form, for the protection of nepal’s independence, sovereignty, territorial integrity, autonomy and national unity. the president shall be the supreme commander-in-chief of the nepal army. the entry of women, dalit, indigenous community, khash arya, madhesi, tharu, muslim, people of backward class and backward region shall be ensured in nepal army, based on the principle of equality and principles of inclusion as provided for in the federal law. the government of nepal may, in accordance with federal law, mobilize nepal army for works relating to development, disaster management and others. the president shall appoint or remove the commander-in-chief of nepal army on the recommendation of the council of ministers. mobilization of nepal army shall be declared by the president according to the decision by council of ministers, government of nepal on recommendation of national defense council during wars on security of any parts, territorial integrity or sovereignty of nepal, external attacks, armed insurgency or serious crisis arisen due to extreme economic breakdown. decision of mobilization of nepal army shall have to be approved by the house of representatives within a month of the declaration. other provisions relating to nepal army shall be as provided by law. 268. provision relating to nepal police, armed police force, nepal and national investigation organization there shall be nepal police, armed police force, nepal and national investigation department at the federal level. there shall be a provincial police organization in each province. operation, supervision and coordination of nepal police and provincial police shall be as provided for by federal law. other provisions relating to nepal police, armed police force and national investigation department shall be as provided by federal law. part 29. provision relating to political parties 269. constitution, registration and operation of political parties persons who are committed to a common political ideology, philosophy and program shall, subject to the laws under section (b), clause (2) of the article (17), be entitled to form and operate the political parties and to generate or cause to be generated publicity in order to secure public support and cooperation from the general public for their ideology, philosophy and program, and to carry out any other activities for that purpose. the political parties formed under clause (1) shall be required to register their names under the election commission in accordance with the procedure determined by law. while submitting application for registration pursuant to clause (2) above, the political parties shall be required to submit the documents relating to constitution of the party, annual auditing report and other documents as required by law. while applying for the registration of the parties pursuant to clause (2) above, the political parties shall have to meet the following conditions:the constitution and rules of the political party should be democratic, there should be the provision, in the constitution of the political party, of the election of the office bearers in the federal and provincial levels, at least once in five years. provided that in case election of the office bearers could not be held within five years due to situation arising out of special circumstance, there shall be no hindrance to make provision in the statute of a political party to hold such election within a period of six months. there should be the provision of proportional participation so as to reflect the diversity of nepal, in the executive committees at various levels of the party. no political party shall be registered if its name, objective, symbol and flag is of a character that may disturb the country’s religious or communal unity or is divisive in character. 270. prohibition on the imposition of restrictions on political parties any provision, law or the decision that prohibits formation, registration and operation of political parties under article 269, and generate or cause to be generated publicity in order to secure public support and cooperation from the general public for ideology, philosophy and program of the parties, shall be deemed against this constitution and shall ipso facto be void. any law, arrangement or decision which allows for participation or involvement of only a single political party or persons having a single political ideology, philosophy or programs in the election, political system of the country or conduct of sates affairs shall be considered against this constitution and shall ipso facto be void. 271. registration required for securing recognition for the purpose of contesting elections as a political party any political party, formed under article 264, wishing to secure recognition from the election commission for the purpose of elections, shall be required to register its name with the election commission in accordance with the procedures determined by the law. while applying for registration pursuant to clause (1), a political party shall have to clarify the details under clause (3) of article 269, submit annual audit report, and also meet the conditions set in clause (4) of the same article. 272. other provisions relating to political party other provisions relating to formation, registration, operation and facilities of the political parties shall be as provided in federal law. part 30. emergency powers 273. emergency powers in case a grave emergency arises in relation to the sovereignty or territorial integrity of nepal or the security of any part thereof, whether by war, external attack, armed revolt, extreme economic breakdown, natural calamity or epidemic outbreak, the president may, by proclamation or order, declare a state of emergency to be enforced in nepal or any specified part thereof. notwithstanding anything contained in clause (1), in case a grave situation arises, whether by natural calamity or epidemic outbreak, in any province, the concerned province may request the government of nepal to declare, by proclamation or order, a state of emergency to be enforced in the province or any specified area of the province. the proclamation or the order issued pursuant to clause (1) shall be presented before the meetings of both houses of federal legislature for approval within a month from the date of its issuance. if the proclamation or the order presented for the approval pursuant to clause (3) is approved by a two-third majorities of the total members present at the meetings of both the houses of federal legislature, such proclamation or order shall continue in force for a period of three months from the date of order or proclamation. if the proclamation or order presented before both houses of federal legislature pursuant to clause (4) is not approved, such proclamation or order shall, ipso facto, be invalid. notwithstanding other provisions in this article, the proposal to extend the period of the proclamation or order of state of emergency for another period, not exceeding for three months, may be forwarded in the federal legislature, stating that the circumstances under clause (4) still exist. pursuant to clause (6), if the resolution for proclamation or order of state of emergency for another period is passed by a majority of the two third members present of both the houses of the federal legislature, the state of emergency for the said period shall continue to exist. in case of dissolution of house of representatives, the power of federal parliament as per clause (3), (4), (6) and (7) shall be exercised by national assembly. after the state of emergency has been declared pursuant to clause (1), the president may issue necessary orders to meet the exigencies. orders so issued shall be operative with the same force and effect as law so long as the state of emergency is in operation. while issuing the proclamation or order of state of emergency pursuant to clause (1), the president may suspend the fundamental rights provided in part 3 so long as the proclamation or order is in operation. provided that, article 16, section (c) and (d) of article 17(2), article 18, 19 (2), 20, 21, 22, 24, 26 (1), 29, 30, 31, 32, 35, 36 (1) and (2), 38, 39, 40 (2) and (3), 41, 42, 43, 45 and the right to constitutional remedy and right to habeas corpus related to article 46 shall not be suspended. in circumstances where any article of this constitution is suspended pursuant to clause (10), no petition may be made in any court of law, nor any question be raised for the enforcement of the fundamental rights conferred by such article. if, during the continuation of a proclamation or order pursuant to this article, any damage is inflicted upon any person by an act of any official done in contravention of law or in bad faith, the affected person may, within three months from the date of termination of the proclamation or order, file a petition for compensation for said damage. in case the petition is filed, the court may arrange for the appropriate compensation, or punish the guilty according to the federal law. the president may, at any time during its continuance, revoke the proclamation or order relating to state of emergency. part 31. amendment of the constitution 274. amendment of the constitution this constitution shall not be amended in way that contravenes with self-rule of nepal, sovereignty, territorial integrity and sovereignty vested in people. except for matters under clause (1), in case an amendment is sought in matters that fall under the fundamentals of this constitution, such a proposal shall be presented to either house of the federal legislature. provided that, clause (1) shall not be amended. subject to the conditions under clause (2), the bill so presented shall be published for the perusal of the general public within 30 days of presentation of the bill in either house of the federal legislature. in case the bill proposed under clause (2) is related with altering the boundaries of a province and falls under the right of provinces as mentioned in schedule (6), such a bill shall have to be forwarded to the respective provincial assembly to garner consensus, within thirty days of the time the bill is presented in the federal legislature. pursuant to forwarding the bill to the provincial assembly as provided in clause (4), the provincial assembly shall have to get the consensus bill endorsed or rejected through majority of the provincial assembly and forward the information regarding the same to the federal legislature, within three months. provided that, in case the provincial assembly is not in place, the bill shall have to be endorsed or rejected within three months from the time the assembly comes into force and forward the information to the federal legislature. if the provincial assembly, within the time frame pursuant to clause (5) informs the federal legislature that the bill has been rejected by the majority, the bill shall considered to be rejected. if, within the time stipulated in clause (5), majority of provincial assemblies inform the federal parliament of the rejection of the bill, such bill shall be void, in case the bills that do not require consent from provincial assembly or the one that has garnered consensus from provincial assembly as mentioned under clause (5), shall require endorsement by the two-thirds majorities of the existing members in the both houses of federal legislature the bill so approved pursuant to clause (8) shall be forwarded to the president for approval. the president shall have to approve the bills under clause (9) within fifteen days from the day of reception of the bill, the constitution shall be amended from the date of approval. part 32. miscellaneous 275. provision relating to referendum if the two third majority of the total members in the federal legislature take a decision that it is necessary to make a decision on any matters of national importance through referendum, a decision may be reached on such matters through referendum. the procedures pertaining to referendum shall be as determined by the federal law. 276. pardon the president may grant pardons to persons convicted, and suspend, commute, or reduce any sentence imposed by any court, judicial or quasi-judicial bodies or administrative officer or authority. 277. titles, honors, and decorations the president shall confer the titles, honors, or decorations to be conferred on behalf of the state. any citizen of nepal shall have to take approval from the government of nepal before accepting any title, honor, or decoration from the government of any foreign country. 278. right to enter into treaty the right to enter into treaty or agreement shall rest in the federation. the government of nepal shall have to consult respective province while making the treaties or agreement on matters under provincial list. the council of ministers of a province may enter into a contractual agreement on industrial and economic issues after taking approval from the government of nepal. 279. ratification of, accession to, acceptance of or approval of treaties or agreement the ratification of, accession to, acceptance of or approval of treaties or agreement to which the state of nepal or the government of nepal is to become a party shall be as determined by the law. the laws to be made pursuant to clause (1) shall, inter alia, require that the ratification of, accession to, acceptance or approval of treaty or agreement on the following subjects be done by two thirds majority of the total members in both houses of federal legislature:peace and friendship, security and strategic alliance, the boundaries of nepal, and natural resources and the distribution of their uses. provided that simple majority of the present members of house of representatives can ratify, accede to, accept or approve ordinary type of treaty or agreement under section (a) and (d) that do not have wide, grave or long term impact on the nation no agreement or treaty to be done after the commencement of this constitution shall be implemented by the government of nepal or state of nepal so long as it is not ratified, acceded, accepted or approved according to this article. notwithstanding anything contained in clause (1) and (2), there shall be no agreement and treaty that may adversely affect regional integrity of nepal. 280. special provision relating to exercise of president function in case the position of the president and vice-president of nepal falls vacant at once under this constitution, the prime minister shall perform the responsibilities mandated to the president under this constitution. 281. review and revision of special powers the government of nepal shall review and revise, along with census of every ten years, the provisions regarding special rights of the women and dalit community and its implementation and effectiveness based on human development index. 282. nepali ambassadors and emissaries the president shall appoint ambassadors of nepal and other emissaries for specified purposes based on the principle of inclusion. the president shall accept the credentials from foreign ambassadors and diplomatic envoys. 283. appointment to be made on inclusive principles appointment to the constitutional bodies and agencies shall be made based on the principles of inclusion. 284. provision relating to constitutional council there shall be a constitutional council for making recommendation in accordance with this constitution for appointment of chief justice, the chief and officials of constitutional bodes, consisting of chairperson and members as follows:prime minister -chairperson chief justice-member speaker of the house of representatives -member chairperson of national assembly member leader from the opposition party in house of representatives -member deputy speaker of house of representatives-member when the position of the chief justice falls vacant and a recommendation has to be made for the same, the minister for justice shall be present in the constitutional council as a member. the recommendation shall, in accordance with this constitution, have to be made by the constitutional council a month before the posts of chief justice, chief and officials of constitutional bodies fall vacant. provided that, in case the posts have fallen vacant due to death or resignation, the recommendation for appointment has to be made so as to fulfill the vacant posts within a month from the day of position lying vacant. other functions, rights and powers of the constitutional council and proceedings related to appointment of chief justice, chief and officials of constitutional council shall be as determined by the federal law. the chief secretary of the government of nepal shall function as the secretary of the constitutional council. 285. formation of the government service the government of nepal may, in order to run the administration of the country, constitute federal civil service, and other federal services as required. the constitution, operation, and terms and conditions of such services shall be determined by federal act. positions of all federal governmental services shall be fulfilled through competitive examinations on the basis of the principle of open and proportional inclusion according to federal law. provincial council of ministers, village council and municipal council may form and operate various government services according to law as may be required for running their administration. 286. election constituency delimitation commission for the purpose of electing members, in accordance with this constitution, to federal legislature, provincial assembly, village assembly and municipal council, the government of nepal may form an election constituency delimitation commission, with the following chairperson and members in it:retired justice of the supreme court-chairperson a geographer/geologist -member a sociologist or demographer -member an administrator or a legal expert-member a special class gazetted officer of the government of nepal -member secretary the term of office of the election constituency delimitation commission shall be as determined at the time of constituting the commission. following persons shall be deemed eligible to be appointed as chairperson and members of the election constituency delimitation commission:who has held at least a bachelor’s degree in a relevant subject from a recognized university who has attained the age of forty five years, who has high moral character. the position of the chairperson or members of the election constituency delimitation commission shall be deemed vacant in the following circumstances:if she /he submits written resignation, if council of ministers of government of nepal relieves him/her from duty, or if she /he dies. while determining election constituencies pursuant to this article, the election constituency delimitation commission shall, subject to sub-clause (a) of clause (1) of article 84, determine the constituencies in a state in accordance with the federal law, having regard to the population as the main basis and geography as the second basis for representation, and there shall be at least one election constituency in each district within the state. while delimitating election constituencies pursuant to clause (5), regard must be had to, inter alia, the population and geographical convenience, density of population, geographical specificity, administrative and transportation convenience, community and cultural aspects of the constituencies. no question shall be raised in any court of law regarding the constituencies determined by the election constituency delimitation commission. the election constituency delimitation commission shall submit its report to the government of nepal about the work it has performed. the government of nepal shall submit the report received pursuant to clause (8) to the federal legislature and also forward it to the election commission for implementation. the election constituency delimitation commission shall determine its own working procedures. the remuneration and other benefits of the chairperson and members of the election constituency delimitation commission shall be similar to those of chief election commissioner and election commissioners, respectively. the constituencies determined in pursuant to clause (5) shall be put to a review in every 20 years. the government of nepal shall provide staff to the election constituency delimitation commission in the number as required. 287. language commission the government of nepal shall establish a language commission ensuring representation of the provinces within a year from the commencement of this constitution. there shall be a chairperson and members as may be required in language commission. the term of office of the chairperson and members of the language commission shall be of six years from the date of appointment. none of them shall be eligible for reappointment. the persons having possessed the following qualifications may be appointed to the position of chairperson or member of the language commission:having attained master's degree on the concerned subject from a recognized university; having the experience of at least 20 years in studies, teaching, and research on various languages of nepal; having attained the age of 45 years; having high moral character. the office of the chairperson or member of the language commission shall be vacant on any of the following circumstances:if he/she tenders resignation in writing; if the council of minister of government of nepal removes him/her; if he/she attains the age of 65 years; if he/she dies. powers, duties and powers of the language commission shall be as follows:to determine the basis for a language to acquire status of official language and forward a recommendation to the government of nepal, to forward a recommendation to the government of nepal regarding the measures to be adopted for the protection, promotion and development of languages, to measure the standards for development of mother language, and to forward a recommendation to the government of nepal regarding its potentials for use in education, to carry out research, monitoring and studies of languages. the language commission shall accomplish the tasks outlined in section (a) of clause (3) within five years of formation. the government of nepal may, in coordination with the provincial government, establish the branch offices of language commission in the provinces. other rights, duties and powers and proceedings of the language commission shall be as determined by federal law. 288. capital the capital of nepal shall remain in kathmandu. the capital of the provinces under this constitution shall be decided by the two-thirds majority of the then members of the provincial assembly. unless decided according to clause (2), the operations of the province shall be carried from the location determined by the government of nepal. 289. special provisions relating to citizenship of the office-bearers a person shall have acquired a citizenship by descent to be elected, nominated and appointed as the president, vice-president, prime minister, chief justice, speaker of the parliament, chairperson of national assembly, head of the province, chief minister, speaker of provincial assembly and chief of security bodies. for appointment to the constitutional positions, other than those referred to in clause (1), the persons having obtained citizenship by descent, by naturalization or by birth may be eligible. provided that in case of the person having obtained citizenship by naturalization, he/she shall have to have permanent domicile for at least ten years in nepal and in case of the person having obtained citizenship by birth or person having obtained citizenship by naturalization under article 11 (6), he/she shall have to have permanent domicile for at least five years in nepal. 290. provision relating to trust without prejudice to the fundamental norms of trusts, the federal parliament shall make laws concerning the rights of peasants having possession on trusts land and the rights of the trusts. other provisions as to trusts shall be according to the federal law. 291. not eligible for appointment notwithstanding anything contained elsewhere in this constitution, a nepali citizen having obtained permanent residence permission of a foreign country shall not be eligible for election, nomination or appointment to the position to be elected, nominated or appointed according to this constitution. provided that there shall be no hindrance to elect, nominate or appoint such a person to such position after lapse of a period of three months after he/she waives such permanent residential permission. other provisions as to the nepalese citizens having obtained permanent residence permission of a foreign country as per clause (1) shall be as provided by federal law. 292. provision relating to parliamentary hearing prior to the appointment, chief justice, justice of the supreme court, members of judicial council, head or official of constitutional bodies and ambassadors who are appointed on the recommendation of the constitutional council, there shall be a parliamentary hearing, in accordance with this constitution. a joint committee shall be formed, in accordance with law, comprising the members of both the houses of federal legislature for the purpose mentioned under clause (1). the members represented in the joint committee under clause (2) shall not be entitled to advocate in the supreme court until the term of the federal legislature. 293. monitoring and evaluation of works of constitutional bodies the chief and officials of the constitutional bodies shall be accountable and answerable to federal legislature. the respective committee of the house of representatives may monitor and evaluate the functioning of the constitutional bodies including reports, other than that of the national human rights commission, and issue necessary directives and suggestions. 294. annual report of constitutional body the constitutional bodies, formed in accordance with this constitution, shall submit the annual report about its works to the president, who in turn shall have it presented at the federal legislature, through the prime minister. the details to be included in the report under clause (1) shall be as determined by law. notwithstanding anything contained in clause (1), the constitutional bodies may prepare separate reports with regard to its functions in each province and submit the report to the head of the province. part 33. transitional provisions 295. formation of federal commission in order to furnish suggestions with regard to the demarcation of the provinces, government of nepal may form a federal commission. naming of province shall be made by a decision of two third majority of the provincial legislature pursuant to clause (3) of article 56. government of nepal shall form a commission for determination of number and borders of the village council, municipal council and special, protected, or autonomous regions to be formed pursuant to clauses (4) and (5) of article 56. the number and borders of the village council, municipal council and special, protected, or autonomous region shall be determined according to the criteria determined by government of nepal. the commission to be formed pursuant to clause (3) shall be formed within six months from the date of commencement of this constitution and the term of office of such commission shall be of one year. 296. constituent assembly to be transformed into legislature-parliament after the commencement of this constitution, the constituent assembly shall be transformed into a legislature-parliament, and the term of such legislature-parliament shall be up to 21 january, 2018 a.d. provided that, if the elections for the house of representatives are to happen pursuant to this constitution, the term of the transformed legislature-parliament shall be until one day before the nominations are filed for the elections of house of representatives. the bills that were under consideration in the house of representatives at the time of the commencement of this constitution shall be transferred to the legislature parliament under clause (1). pursuant to this constitution, the legislature parliament as per clause (1) shall conduct all the activities under the prerogative of the federal legislature until the elections for house of representatives are conducted. until the time the elections for provincial assembly are not conducted after this constitution comes into effect, the responsibility to formulate laws according to schedule 5 shall fall under the prerogative of the legislature-parliament pursuant to clause (1). the laws thus formulated shall be, ipso facto, void in the province a year after provincial assembly is constituted according to this constitution. the legislature parliament secretariat, its general secretary, secretary, and employees shall remain at the federal legislature secretariat pursuant to this constitution under the condition of their services at the time of their appointment. if a session of the legislature-parliament is not active when this constitution comes into effect, then the president shall summon a session of the legislature parliament within seven days of this constitution coming into effect. thereafter, the president shall summon the session of the legislature parliament from time to time. 297. provisions relating to the president and vice-president the president and vice president in office during the time of this constitution coming into effect shall continue to hold office till the time new elections for their posts are conducted pursuant to this article. if the session of the legislature parliament is ongoing at the time of commencement of this constitution, then from the date of the commencement of the constitution; and if the parliament is not in session, then from the date of the summoning of the session under clause (6) of article 296; within one month, the president and vice president shall be elected on the basis of political understanding by the legislature-parliament pursuant to clause (1) of article 296. if political understanding cannot be reached as per clause (2), the president and vice president shall be elected by simple majority of the legislature-parliament. if the post of either president or vice president falls vacant after being elected pursuant to clause (2) and (3), re-elections shall be conducted by the legislature parliament pursuant to this article, until the formation of the federal legislature. the term of office of the president and vice-president elected under this article, shall be until new president and vice-president are elected from the electoral college as mentioned in article 62, and assume office. the position of president or vice president elected under this article may fall vacant in following situations: if president tenders his/her resignation to vice president; or if vice president tenders his/her resignation to president, if impeachment motion against him/her is passed as per clause (7), if new president or vice-president is elected from the electoral college as mentioned in article 62 and assume office, if he/she dies if at least one fourth of the current members of the legislature parliament agree, a motion of impeachment for grave violation of this constitution or law shall be moved against president or vice president in the legislature parliament under clause (1) of article 296. if the motion is passed by at least two-third majority of the present number of the legislature parliament, then he/she shall be relieved off the office 298. provision relating to constitution of council of ministers the council of ministers existing at the time of commencement of this constitution shall remain until the transformed legislature-parliament, in accordance with clause (2), constitutes a new council of ministers. if the session of the legislature parliament is ongoing at the time of commencement of this constitution, then from the date of the commencement of the constitution; and if the parliament is not in session, then from the date of the summoning of the session under clause (6) of article 296; within seven days the prime minister shall be elected on the basis of political understanding. if political understanding cannot be reached as per clause (2), the prime minister shall be elected by simple majority of the legislature parliament. structure and division of portfolio in the council of ministers to be formed as per this article shall be conducted as per mutual understanding. there shall be deputy prime minister and other ministers, as required, in the council of ministers to be formed as per this article. when appointing minister as per clause (5), the prime minister, at the recommendation of related political party, shall appoint from among the members of the legislature parliament the prime minister and ministers appointed as per this article, shall be collectively accountable to the legislature parliament and ministers shall be individually accountable to the prime minister and the legislature parliament regarding their work performance in respective ministries. the prime minister elected under this article shall be relieved off his/her office in following situation: if he/she tenders written resignation to the president, if vote of no confidence as per clause (14) is passed or if he/she is unable to pass vote of confidence, if he/she is no longer a member of legislature parliament, if he/she dies the deputy prime minister, minister, state minister, assistant minister appointed under this article shall be relieved off his/her office in following situation: if he/she tenders written resignation to the prime minister, if the prime minister loses his/her office as per clause (8), if the prime minister relieves him/her off the office at the recommendation or consent of the respective political party, if he/she dies if the prime minister is relieved off his/her office as per clause (8), the same council ministers shall continue to discharge its duty till a new council of ministers is formed if the prime minister appointed under this article dies, the deputy prime minister or senior most minister shall take charge of prime minister until a new prime minister is elected. the prime minister appointed under this article can, at any time of his/her term, move a motion of vote of confidence at the legislature parliament, in order to clarify that he/she enjoys majority. at least one fourth member of legislature parliament can move a motion of vote of no confidence against the prime minister at the legislature parliament. provided that no more than one such motion of vote of no confidence shall be moved to the legislature parliament against the same prime minister within six months. the motions moved as per clause (12) or (13) shall be decided upon by the simple majority of the current members of the legislature parliament. after the commencement of this constitution and until the provincial council of ministers is constituted, in accordance with this constitution, the executive power of the province shall be exercised by the government of nepal. 299. interim provision regarding speaker and deputy-speaker the speaker and deputy of the legislature-parliament during the time of commencement of this constitution shall continue to hold office till the time new elections for their posts are conducted pursuant to this article. if the session of the legislature parliament is ongoing at the time of commencement of this constitution, then from the date of the commencement of the constitution; and if the parliament is not in session, then from the date of the summoning of the session under clause (6) of article 296; within twenty days the speaker and deputy speaker shall be elected on the basis of political understanding by the members of the legislature parliament from amongst themselves. if political understanding cannot be reached as per clause (2), the speaker and the deputy speaker shall be elected by simple majority of the current members of the legislature parliament. while electing speaker and deputy speaker as per clause (2) and (3), the speaker and deputy speaker shall belong to different political parties representing at the legislature parliament. speaker or deputy speaker shall discharge his/her duty in a neutral manner and without taking sides to any political party the speaker or deputy speaker shall be relieved off his/her office in following situation: if he/she tenders written resignation if he/she loses membership of legislature parliament if a motion against his/her conduct is passed by at least two third majority of the legislature parliament if he/she dies meeting of the legislature parliament where a motion against speaker’s conduct is discussed shall be presided by deputy speaker or another member. but the speaker can take part in the discussion and vote other processes related to election of speaker and deputy speaker and other processes related to the passage of motion against his/her conduct, shall be as specified by the existing legislature parliament. 300. provision relating to the judiciary the supreme court, constituent assembly court, appellate court, and district courts subsisting at the time of the commencement of this constitution shall continue until the structure of the judiciary is constituted under this constitution. and this constitution shall not be meant to hinder the making of the decision by the concerned courts on cases filed prior to and after the commencement of this constitution. the chief justice and justices of the supreme court, chief judge and judges of the appellate courts and judges of district courts shall be deemed to have been appointed under this constitution. within a year of the commencement of this constitution, high courts as per article 139 shall be established as per federal law. after their establishment, the appellate courts subsisting at the time of the commencement of this constitution shall be dissolved. after the high courts are formed as per clause (3), the cases under consideration in the appellate courts shall be transferred to the high courts by the government of nepal with the consent of judicial council and by publishing notice to that effect in the nepal gazette. after the high courts are formed as per clause (3), the chief justice shall, with the recommendation of the judicial council, transfer the chief judge and judges of the appellate courts as the chief judge and judges of the high courts the additional judges engaged at appellate courts during the commencement of this constitution, shall continue to remain in their offices till the term specified during their appointment. the criminal cases, that demand more than a year of imprisonment, lying sub-judice at other bodies except the courts, shall be transferred to the district courts of the respective districts after the commencement of this constitution. 301. provisions regarding constitutional bodies and officials thereof the constitutional bodies subsisting at the time of the commencement of this constitution shall be deemed to have been constituted under this constitution, and this constitution shall not hinder such bodies in dealing with matters under consideration according to the existing laws. the chief or officials of the constitutional bodies engaged at the time of commencement of this constitution shall be deemed to have been appointed under this constitution and he/she shall remain in his/her office subject to the terms and conditions stated at the time of appointment. if during the commencement of this constitution, there are additional number of office-bearers in the commission for investigation of abuse of authority and public service commission than what is specified in this constitution, then they shall continue to remain in their office subject to the terms and conditions stated at the time of their appointment. 302. formation and operation of government services in provincial and local level government of nepal shall make necessary provisions to provide services at provincial and local level. while creating provisions pursuant to clause (1), government of nepal can integrate the personnel working in government services at the time of commencement of this constitution into the provincial and local level. 303. provision regarding the local bodies the local bodies existing at the time of the commencement of this constitution shall exist until the number and constituency is determined, in accordance with this constitution. the election of the local bodies existing pursuant to clause (1) shall be as determined by law. the officials of the local bodies elected pursuant to clause (2) shall remain in their office until the election of local level is held according to this constitution. 304. existing laws to remain in operation all the laws in the force at the time of commencement of this constitution shall remain in operation until repealed or amended. provided that laws inconsistent with this constitution shall, to the extent of inconsistency, ipso facto, cease to operate, one year after first session of federal legislature, in accordance with this constitution. the activities under peace process conducted according to the interim constitution 2007 shall be considered to be conducted according to this constitution. 305. power to remove difficulties until the first session has started after conducting election of the federal parliament in accordance with this constitution, if any difficulty arises in connection with the implementation of this constitution, the president, on the recommendation of the council of ministers, government of nepal, may issue necessary orders to remove such difficulties. such orders shall be required to be presented immediately to the meeting of the legislature-parliament or federal parliament for endorsement. part 34. definitions and interpretations 306. definitions and interpretations unless the subject or context otherwise requires, in this constitution:“minority” means those caste, language, and religious communities, whose population is less than that determined by the law, and who has their own specialties, and who aim to protect them; it also signifies those groups who have faced discrimination and harassed. "law" means a federal law, provincial law, and local law. “article" means an article of this constitution. “municipality” means metropolitan and sub metropolitan city as well. “citizen” means citizen of nepal. “province” means the area and structure of the federal unit carved in accordance with this constitution. “remuneration” means and includes salary, allowances, pension and any other forms of emoluments. “state power” means powers of the executive, the legislative and the judiciary. “bill” means a draft of a constitution or an act which has been introduced in the federal legislature or a provincial assembly. “federation” means the federal structure that is the apex body of the federal system. “federal unit” means federation, provincial or local level “constitutional body” means commission for investigation of abuse of authority, auditor general, public service commission, election commission, national human rights commission, national natural recourses and finance commission, national women commission, national dalit commission, national inclusion commission, adibasi janajati commission, madheshi commission, tharu commission and muslim commission established in accordance with this constitution. “marginalized” means those who have been forced to fall backward politically, economically and socially, those who have been unable to avail services because of discrimination and harassment, and because of geographical disconnection, and those communities whose standard of living has been below the legal standard as specified in the human development indicators. it also signifies the ultra-marginalized and communities on verge of extinction. “local level” means village council, municipal council and district assembly to be formed in accordance with this constitution. unless the subject or context otherwise requires, the prevailing law of nepal relating to interpretations shall, subject to the provisions of this constitution, apply to the interpretation of this constitution in the same manner that law applies to the interpretation of the laws of nepal. part 35. short title, commencement and repeal 307. short title, commencement and repeal this constitution shall be called constitution of nepal, 2015(2072). this constitution shall come into force from 20th day of the 9th month of the year 2015 a.d. 308. repeal the interim constitution of nepal 2007 is hereby repealed. schedule 1. method of making the national flag of nepal (related with clause (2) of article 8 method of making the shape inside the border on the lower portion of a crimson cloth, draw a line ab of the required length from left to right. from a draw a line ac perpendicular to am making ac equal to ab plus one third ab. from ac mark off d making the line ad equal to line ab. join bd. from bd mark off e making be equal to ab. touching e draw a line fg, starting from the point f on line ac, parallel to ab to the right hand-side. mark off fg equal to ab. join cg. method of making the moon from ab mark off ah making ah equal to one-fourth of line ab and starting from h draw a line hi parallel to line ac touching line cg at point i. bisect cf at j and draw a line jk parallel to ab touching cg at point k. let l be the point where lines jk and hi cut one another. join jg. let m be the point where line jg and hi cut one another. with center m and with a distance shortest from m to bd mark off n on the lower portion of line hi. touching m and starting from o, a point on ac, draw a line from left to right parallel to ab. with center l and radius ln draw a semi-circle on the lower portion and let p and q be the points where it touches the line om respectively. with the center m and radius mq draw a semi-circle on the lower portion touching p and q. with center n and radius nm draw an arc touching pnq at r and s. join rs. let t be the point where rs and hi cut one another. with center t and radius ts draw a semi-circle on the upper portion of pnq touching at two points. with center t and radius tm draw an arc on the upper portion of pnq touching at two points. eight equal and similar triangles of the moon are to be made in the space lying inside the semi-circle of no (16) and outside the arc of no (17) of his schedule. method of making the sun bisect line af at u, and draw a line uv parallel to ab line touching line be at v. with center w, the point where hi and un cut one another and radius mn draw a circle. with center w and radius ln draw a circle. twelve equal and similar triangles of the sun are to be made in the space enclosed by the circle of no (20) and no (21) with the two apexes of two triangles touching line hi. method of making the border the width of the border will be equal to the width of tn. this will be of deep blue color and will be provided on all the sides of the flag. however, on the given angles of the flag the external angles will be equal to the internal angles. the above mentioned border will be provided if the flag is to be used with a rope. on the other hand, if it is to be hoisted on a pole, the hole on the border on the side ac can be extended according to requirements. explanation:the lines hi, rs, fe, ed, jg, oq, jk and uv are imaginary. similarly, the external and internal circles of the sun and the other arcs except the crescent moon are imaginary. these are not shown on the flag. schedule 2. national anthem of nepal (related to clause (1), article 9 woven from hundreds of flowers, we are one garland that's nepali spread sovereign from mechi to mahakali. a playground for nature's wealth unending out of the sacrifice of our braves, a nation free and unyielding. a land of knowledge, of peace, the plains, hills and mountains tall indivisible, this beloved land of ours, our motherland nepal. of many races, languages, religions, and cultures of incredible sprawl this progressive nation of ours, all hail nepal. schedule 3. coat of arms of nepal (related to clause (2), article 9 [image] note: this coat of arms can be made larger or smaller in size according to necessity. color determined by government of nepal shall be used in it. schedule 4. provinces and districts within provinces (relating to clause (3) of article 56 province no. 1 taplejung panchthar ilam sankhuwasabha terhathum dhankuta bhojpur khotang solukhumbu okhaldhunga udayapur jhapa morang sunsari province no. 2 saptari siraha dhanusha mahottari sarlahi rautahat bara parsa province no. 3 dolakha ramechhap sindhuli kavrepalanchowk sindhupalchowk rasuwa nuwakot dhading chitwan makwanpur bhaktpur lalitpur kathmandu province no. 4 gorkha lamjung tanahu kaski manang mustang parbat syanja myagdi baglung nawalparasi (east of bardaghat susta) province no. 5 nawlparasi (west of bardaghat susta) rupandehi kapilbastu palpa arghakhachi gulmi rukum (eastern part) rolpa pyuthan dang banke bardiya province no. 6 rukum (western part) salyan dolpa jumla mugu humla kalikot jajarkot dailekh surkhet province no. 7 bajura bajhang doti achham darchula baitadi dadeldhura kanchanpur kailali schedule 5. list of federal powers/jurisdiction (related to article 57(1) and 109 related to defense and army protection of national unity and territorial integrity related to national security central police, armed police force, national intelligence and investigation, peace and security central planning, central bank, financial policy, currency and banking, monetary policy, foreign grants, aids and loan. monitoring and regulation of telecommunication, central telecom, radio frequency distribution, television and postal service customs, excise-duty, value added tax (vat), corporate income tax, individual income tax, tax on remuneration, passport fee, visa fee, tourism fee, service charge, penalties and fines federal civil service, judicial service and other government services policies and criteria related protection and multi-dimensional use of water resources international and inter-provincial electricity transmission lines central statistics (national and international standards and qualities) central level mega projects for electricity, irrigation and other projects central university, central level academies, university standard and regulation, central library central health policy (setting standard, quality and monitoring of the health services, national/special service provider hospitals, traditional treatment services, control of communicable diseases federal legislature, federal executive, local level affairs, special structures international trades, exchange, ports and quarantines civil aviation, international airports foreign and diplomatic affairs, international relations and related to united nations international treaties and agreements, extradition, mutual legal assistance and international border, international border river national transport policy, train and national highways management laws related to supreme court, high courts, district courts and judicial administration citizenship, passport, visa, and immigration nuclear energy, atmosphere and space related intellectual property (including patent, design, copy right) war and defense factory and production of arms and ammunitions standards and metrology mining, exploration national and international ecology management, national parks, wildlife reserves and wetlands, national forest policy, carbon services insurance policy, securities, cooperative regulations land use policy, housing development policy, tourism policy, environment adaptation formulating criminal and civil laws security press social security and poverty alleviation constitutional bodies and commissions of national importance ancient monuments and places of archaeological importance issues not listed in the federation, province and local level power or concurrent level power lists, along with other issues not mentioned in this constitution and law schedule 6. list of provincial powers/jurisdiction (related with article 57 (2), 162 (4), 197, 231 (3), 232 (7), 274 (4) and 296 (4 provincial police administration as well as law and order banks and operation of financial institutions according to the policy of nepal rastra bank, cooperatives, and foreign grants and aids with consent from the center radio, fm, television operation land and house registration fee, vehicle tax, entertainment tax, advertisement tax, tax on tourism and agricultural income, service charge and penalties and fines provincial civil service, and other government services provincial statistics provincial level electricity, irrigation projects, drinking water, transport provincial level university, higher education, libraries and museums health service related to provincial assembly, provincial cabinet trade/business within the province provincial highways provincial investigation bureau infrastructure management and other necessary matters of province government offices provincial public service commission land management, record-keeping of the land exploration and management of mines protection and use of language, culture, script, fine arts and religion management of national forest, water resources and ecology within the province agriculture and livestock development, factories, industrialization, business, transportation guthi (community trust/endowment) management schedule 7. list of concurrent (federal and provincial) powers/jurisdiction (related to article 57(3), 109, 162 (4), and 197 criminal and civil work procedures and evidences and oath of office (legal recognition, public act and records and judicial process) supply, distribution, price control, standard and monitoring of essential goods and services preventive detention, jail and custody management on the matters of national security and management of law and orders transfer of accused as well according those in custody and jail from one province to other. laws related to family affairs (marriage, property transfer, divorce, endangered, orphan, adopted child, successors and joint family). receiving property, acquisition and creation of rights matters related to contracts, cooperatives, collaborations and agencies matters related to bankruptcy and insolvency medicine and pesticides planning, family planning and population management matters related to social security and employment, trade union, resolution of industrial disputes, labor rights and disputes medical, legal, audit, engineering, ayurved, veterinary services, amchi and other professions province border rivers, waterways, environment protection, biodiversity related to mass communication industries and minerals and infrastructures casino, lottery natural and man-made disaster preparedness, rescue, relief and rehabilitation tourism, drinking water and sanitation movies, cinema halls and sports insurance operation and management poverty alleviation and industrialization scientific research, science and technology and human resource development inter-provincial forest, wildlife, birds, mountains, national parks and water uses land policy and related legal provisions employment and aid to unemployed schedule 8. list of powers/jurisdiction for local level (related to 57 (4), 214 (2), 221 (2) and 226 (1 municipal police cooperatives fm operation local tax (property tax, house rent tax, fee on registration of houses and land, vehicle tax), service fee, tourism fee, advertisement tax, business tax, land tax (land revenue), fines, entertainment tax management of local services local statistics and record keeping local development projects and programs basic and secondary education basic health and sanitation management of local markets, environment conservation and biological diversity local roads, rural roads, agriculture roads, irrigation village assembly, municipal assembly, district assembly, local courts, dispute settlement and mediation management of local records distribution of land, building ownership certificates farming and livestock, agriculture production management, livestock health, cooperative management of senior citizens, people with physical disability and disabled collection of statistics of unemployed people management, operation and control of agriculture extension drinking water, small electricity projects, alternative energy disaster management conservation of watershed, wetland, wildlife, mines and minerals preservation and development of language, culture and fine arts schedule 9. list of concurrent powers/jurisdiction for federation, province and local level (related to 57 (5), 109, 162 (4), 197, 214 (2), 221 (2) and 226 (1 cooperatives education, health and newspapers/magazines health agriculture services like electricity, drinking water, irrigation service fee, registration fee, fine, tourism fee and royalty received from natural resources forest, wildlife, birds, water use, environment, ecology and biodiversity mines and minerals disaster management social security and poverty alleviation registration of personal incidents, birth, death, marriage and statistics archaeology, ancient monuments and museums management of landless royalty received from natural resources permission for vehicles preamble we, the representatives elected by the sovereign will of the honduran people, meeting in the national constituent assembly, invoking the protection of god and the example of our founding fathers, placing our faith in the restoration of the central american union and faithfully interpreting the aspirations of the people who conferred upon us their mandate, hereby decree and sanction this constitution so as to strengthen and perpetuate a rule of law which ensures a politically, economically and socially just society which affirms our nationality and establishes the conditions for the full realization of man as a human being, within a context of justice, liberty, security, stability, pluralism, peace, representative democracy and the common good. title i. the state chapter i. the organization of the state article 1 honduras is a state of law, sovereign, constituted as a free, democratic and independent republic to ensure its inhabitants the enjoyment of justice, liberty, culture, and social and economic well-being. article 2 sovereignty originates in the people, from which stem all the powers of the state, which are exercised through representation. the supplanting of popular sovereignty and the usurping of their constituted power shall be considered crimes of treason against the fatherland. responsibility in these cases is imprescriptible and an action may be initiated by the competent organ in its own motion or by petition of any citizen. article 3 no one owes obedience to a usurping government nor to those who assume office or public service by force of arms or by using means or procedures which violate or ignore the provisions established by this constitution and other laws. the acts adopted by such authorities are null. the people have the right to resort to insurrection in defense of the constitutional order. article 4 the form of government is republican, democratic and representative. it is exercised by three branches: legislative, executive and judicial, which are complementary, independent, and not subordinate to one another. alternation in the exercise of the presidency of the republic is obligatory. violation of this rule constitutes a crime of treason against the nation. article 5 the government of the republic must be founded on the principles of popular sovereignty, the self-determination of the people, and participatory democracy, from which stems the national integration, which implies participation by all political sectors in the public administration, in order to ensure and strengthen the process of honduras, political stability and social peace. in order to strengthen representative democracy, the referendum, the plebiscite, and the citizen initiative of law are instituted as mechanisms of citizen participation. the referendum shall be convoked over an ordinary law or a constitutional norm or its approved reform for its ratification or rejection by the citizenry. the plebiscite shall be convoked asking for a pronouncement from the people on constitutional, legislative, or administrative aspects over which the constitutional powers have never made a previous decision. the referendum and the plebiscite may be recognized at a national, regional, sub-regional, departmental, and municipal level. the following have the power to ask for a referendum or plebiscite: at least two per cent (2%) of the citizens registered in the national electoral census, in accordance with the data that should be provided periodically by the supreme electoral tribunal to the national congress. at least ten representatives of the national congress, and the president of the republic in resolution of the council of secretaries of state. the national congress shall come to know and discuss such petitions, and if they approve them, shall emit a decree that determines the bounds of the consultation, ordering the supreme elections tribunal to convoke, organize, and direct the consultation to the citizens. the percentages of legislative approval of the citizen consultations are determined following the topic to be consulted on in accordance with this constitution, by simple majority of the totality of its members when it is about ordinary laws and matters, and two thirds of the totality of its members when it is about constitutional matters. a special law approved by two thirds of the totality of the representatives of the national congress shall determine the procedures, requirements, and other necessary aspects for the exercise of the mechanisms of citizen participation. it is uniquely the duty of the supreme elections tribunal to convoke, organize, and direct the citizen consultations. the citizen consultations should be made preferably on the same dates as general elections. the exercise of suffrage in the citizen consultations is obligatory. the result of the citizen consultations must be fulfilled if there is at least fifty-one percent (51%) of the total of participation in the last general election and if the affirmative vote achieves the majority of the valid votes. the special law shall determine who has the initiative to ask for the convocation of a citizen consultation when it is not at the national level, as well as the percentage of participation necessary to be valid. once the official result is known in the term indicated by the special law, the supreme elections tribunal shall inform the national congress within a period of ten days about the result of the consultation. the national congress shall issue a decree ordering those opposed to comply with the rules that result from the citizen consultation. if the initiative submitted for consultation is approved, the approval of the executive branch shall not be necessary, nor shall it proceed for its veto, consequently, the national congress shall order the publication of the approved rules. these same rules may only be rejected or reformed through the same process of their approval. consultation on the same subjects may not be realized in the same nor the following period of government. article 6 the official language of honduras is spanish. the state shall protect its purity and increase its learning. article 7 the national symbols are: the flag, the coat of arms, and the national anthem. the law shall establish their characteristics and shall regulate their use. article 8 the cities of tegucigalpa and comayaguela, jointly, constitute the capital of the republic. chapter ii. the territory article 9 the territory of honduras is situated between the pacific and atlantic oceans and the republics of guatemala, el salvador, and nicaragua. its boundaries with these republics are: with the republic of guatemala, those established by the arbitral award issued in washington, d.c., united states of america, on january 23, 1933. with the republic of nicaragua, those established by the mixed honduran-nicaraguan boundary commission, in 1900 and 1901, according to the description of the first section of the dividing line, contained in the second act of june 12, 1900, and in later acts, to portillo de teotecacinte, and from that place to the atlantic ocean, in accordance with the arbitral award handed down by his majesty the king of spain, alfonso xiii, on december 23, 1906, and declared valid by the international court of justice on november 18, 1960. with the republic of el salvador, those established in articles 16 and 17 of the general peace treaty signed in lima, peru, on october 30, 1980, whose instruments of ratification were exchanged in tegucigalpa, central district, honduras, on december 10, 1980. in the sections pending delimitation the provisions of the pertinent articles of the above-mentioned treaty shall be applied. article 10 the territories located on the mainland within its territorial limits, its inland waters and its islands, islets, and the cays in the gulf of fonseca which historically, geographically, and legally correspond to it belong to honduras. so are the bay islands, the swan islands, also known as santanilla or santillana, viciosas, misteriosas; and the cays zapotillos, cochinos, vivorillos, seal or foca (or becerro), caratasca, cajones, or hobbies, mayores de cabo falso, cocrocuma, palo de campeche, los bajos, pichones, media luna, gorda and los bancos salmedina, providencia, de coral, cabo falso, rosalinda and serranilla, and all others located in the atlantic that historically, geographically and legally belong to it. the gulf of fonseca may be subjected to a special regime. article 11 the following also belong to the state of honduras. the territorial sea to a distance of twelve nautical miles, measured from the baseline of the lowest tide along the entire coast; the zone contiguous to its territorial sea, which extends up to twenty-four nautical miles, measured from the baseline from which the breadth of the territorial sea is measured; the exclusive economic zone, which extends up to a distance of two hundred nautical miles, measured from the baseline from which the breadth of the territorial sea is measured; the continental shelf, which includes the bed and the subsoil of the submarine platform, which extends beyond its territorial sea and along the entire length of the natural extension of its territory to the outer limits of its continental border, or instead to a distance of two hundred nautical miles from the baseline from which the breadth of the territorial sea is measured in those cases in which the outer limits of the continental border does not reach that distance; and concerning the pacific ocean, the previous measures shall be taken from the line of the closure of the mouth of the gulf of fonseca, out to the high seas. article 12 the state exercises sovereignty and jurisdiction over the air space, and the subsoil of its continental and insular territory, its territorial sea, its contiguous zone, its exclusive economic zone, and its continental shelf. this declaration of sovereignty does not ignore similar legitimate rights of other states on a basis of reciprocity, and it neither affects the rights of free navigation of all nations, in accordance with international law, nor compliance with those treaties or conventions ratified by the republic. article 13 in those cases referred to in the preceding articles, the domain of the nation is inalienable and imprescriptible. article 14 foreign states may only acquire, in the territory of the republic, on a basis of reciprocity, such real estate as may be necessary for the seat of their diplomatic mission, with prejudice to the provisions of international treaties. chapter iii. treaties article 15 honduras supports the principles and practices of international law, that promote solidarity and self-determination of peoples, non-intervention and the strengthening of universal peace and democracy. honduras proclaims as inevitable the validity and obligatory execution of arbitral and judicial sentences of an international character. article 16 all international treaties must be approved by the national congress before their ratification by the executive branch. international treaties entered into by honduras with other states form part of the domestic law as soon as they enter into force. article 17 when an international treaty affects a constitutional provision, it must be approved through the same procedure that governs constitutional reform, and simultaneously the effected constitutional precept shall be modified in the same way by the same procedure, before the treaty is ratified by the executive branch. article 18 in case of conflict between the treaty or convention and the law, the former shall prevail. article 19 no authority may enter into or ratify treaties or grant concessions that damage the territorial integrity, the sovereignty or the independence of the republic. anyone who does so shall be tried for the crime of treason to the country. responsibility in such a case is imprescriptible. article 20 any treaty or convention entered into by the executive branch, relating to the national territory, shall require approval by the national congress by a vote of not less than three fourths of its members. article 21 the executive branch may, in matters of its exclusive competence, enter into, ratify or adhere to international conventions with foreign states or international organizations without the previous requirement of approval by congress, which it must inform immediately. title ii. nationality and citizenship chapter i. hondurans article 22 honduran nationality is acquired by birth or by naturalization. article 23 the following are hondurans by birth: persons born within the national territory with the exception of the children of diplomatic agents; children born abroad to a honduran father or mother by birth; persons born on board honduran vessels or aircraft of war, and persons born on board merchant vessels while they are in honduran territorial waters; and infants of unknown parents found in honduran territory. article 24 the following are hondurans by naturalization: central americans by birth who have resided in the country for one year; spaniards and ibero-americans by birth who have resided in the country two consecutive years; all other foreigners who have resided in the country more than three consecutive years; and foreigners who have obtained naturalization papers decreed by the national congress for extraordinary services rendered to honduras; immigrants forming part of selected groups brought in by the government for scientific, agricultural or industrial purposes, who after one year of residence in the country fulfill the requirements of law; and foreigners married to hondurans by birth. in the cases referred to in numbers 1, 2, 3, 5, and 6, the applicant must previously renounce his nationality and indicate his desire to obtain honduran citizenship before the competent authority. where there exists a treaty on dual nationality, the honduran seeking to obtain foreign nationality shall not lose his honduran nationality. likewise, the foreigner shall not be required to renounce his nationality of origin. article 25 while he resides in the territory of honduras, no honduran by birth may invoke any other nationality. article 26 no naturalized honduran may hold official positions in representation of honduras in his country of origin. article 27 neither marriage nor its dissolution shall affect the nationality of the spouses or their children. article 28 no honduran by birth may be deprived of his nationality. this right is reserved by hondurans by birth even when they acquire another nationality. a special law entitled the law of nationality shall regulate all that related to the exercise of political rights and of all that considered pertinent on this subject. article 29 honduran nationality by naturalization is lost: by naturalization in a foreign country; and by cancellation of the naturalization papers in accordance with law. chapter ii. foreigners article 30 foreigners are bound to respect the authorities and obey the laws from the time they enter the territory of the republic. article 31 foreigners enjoy all of the same civil rights as hondurans with the restrictions as may be established by law for reasons of public order, security, or social interest. foreigners are also subject to the same regular and special taxes of a general nature to which hondurans are subject, in accordance with law. article 32 foreigners may not engage in political activities of a national or international character in the country, under penalty prescribed by law. article 33 foreigners may not file claims nor demand indemnity of any kind from the state, except in the manner and in the same cases in which hondurans may do so. they may not resort to diplomatic channels except in cases of denial of justice. for such purposes a decision that is unfavorable to the claimant is not to be taken as a denial of justice. persons who contravene this provision shall lose their right to reside in the country. article 34 within the limits established by law, foreigners may only hold positions in teaching the sciences and the arts or render technical or advisory services to the state, when there are no hondurans who can fill these positions or render such services. article 35 immigration shall be conditional to the social, political, economic, and demographic interests of the country. the law shall establish the requirements, quotas and conditions for the entrance of immigrants into the country, as well as the prohibitions, limitations and penalties to which foreigners shall be subject. chapter iii. citizens article 36 all hondurans over eighteen years of age are citizens. article 37 the following are rights of citizens: to vote and be elected; to be a candidate for public office; to form political parties; to join or renounce membership from them; and those others recognized by this constitution and other laws. citizens on active duty in the armed forces and state security forces may not vote, but may be elected to office in cases not prohibited by law. article 38 every honduran is bound to defend his country, to respect the authorities and to contribute to the moral and material support of the nation. article 39 every honduran must be registered in the national registry of persons. article 40 the following are duties of citizens: to obey, defend, and observe compliance with the constitution and the laws; to obtain an identity card; to exercise the right to vote; to discharge the duties of popularly elected office, except when excused or upon resignation for just cause; to render military service; and â�¨ all other duties required by this constitution and â�¨the laws. article 41 citizenship is suspended for the following reasons: by commitment to prison decreed for a felony; by final conviction imposed for a crime; and by judicially decreed interdiction. article 42 citizenship is lost: for rendering service in time of war to enemies of honduras or their allies; for aiding, against the state of honduras, a foreigner or foreign government in any diplomatic claim or before an international tribunal; for holding employment of a military or political character for a foreign nation in the country, without permission of the national congress; for restricting the right to vote, falsifying electoral documents, or using fraudulent means to defeat the popular will; for inciting, promoting, or abetting the continuation in office or the reelection of the president of the republic; and in the case of naturalized hondurans, for residing outside the country for more than two consecutive years without prior authorization by the executive branch. in the cases referred to by numbers (1) and (2), the declaration of the loss of citizenship shall be made by the national congress on the detailed record prepared for such a case. for numbers (3) and (6), the declaration shall be made by the executive branch through a governmental resolution, and for cases (4) and (5) the declaration shall also be made by a governmental resolution, based on a prior conviction by a competent court. article 43 citizenship is restored:â�¨ by confirmed dismissal of the charges; by final judgment of acquittal; by amnesty or by pardon; andâ�¨ by serving the sentence. chapter iv. suffrage and political parties article 44 suffrage is a right and a public duty. voting shall be universal, obligatory, egalitarian, direct, free and secret. article 45 every act whereby participation by a citizen in the political life of the nation is prohibited or limited is declared punishable. article 46 the system of proportional or majority representation in those cases determined by law shall be adopted to declare elected for service those candidates chosen by popular election. article 47 legally registered political parties are institutions under public law, whose existence and free functioning are guaranteed by this constitution and the law, in order to achieve the effective political participation of the citizens. article 48 attempts against the republican, democratic and representative system of government by political parties are prohibited. article 49 the state shall contribute to financing the expenses of the political parties, in accordance with the law. article 50 political parties may not receive contributions or subsidies from foreign governments, organizations, or institutions. chapter v. electoral function article 51 there shall be a supreme elections tribunal to handle all matters relating to electoral acts and procedures. the tribunal is an autonomous and independent body, with jurisdiction and competence throughout the republic, whose organization and function shall be established by this constitution and the law, which will also determine the matters relating to the other electoral institutions. the law that regulates electoral matters may only be reformed or repealed by a majority consisting of two thirds of the votes of the totality of the members of the national congress, which shall solicit the prior opinion of the supreme elections tribunal, when the initiative does not issue from it. article 52 the composition of the supreme elections tribunal shall be composed of three principal justices and one substitute, elected by the affirmative vote of two thirds of the totality of the members of the national congress for a period of five years, with the ability to be re-elected. in order to be justices of the supreme elections tribunal one must be: honduran by birth, older than 25 years of age, of recognized honorableness and aptitude for the office, and in full exercise of his civil rights. the following may not be elected justices of the supreme elections tribunal: those who are unable to be justices of the supreme court of justice. those who are nominated to hold office or who hold popular elected office, and those who are exercising directive office in the legally registered political parties. the justices of the supreme elections tribunal may not realize or participate in a direct or indirect manner in any political party activity, except to cast their vote the day of the elections, nor may they exercise any other remunerated office, except teaching. article 53 the principal justices of the supreme elections tribunal shall elect from amongst themselves a president in a rotating manner for the term of one year, who may be re-elected. article 54 the national registry of persons is an autonomous institution with a legal, technical, and independent character. its seat is located in the capital of the republic and it has jurisdiction over all the national territory. it shall be administered by one director and two sub-directors who shall be elected for a period of five years by the affirmative vote of two thirds of the totality of the representatives of the national congress. they shall possess a university degree, the highest technical and moral qualifications, and shall be subject to the same requirements and limitations that the constitution of the republic establishes in order to be justice of the supreme elections tribunal. article 55 in addition to the duties prescribed by law, the national registry of persons shall be the body in charge of the civil registry, of issuing the exclusive identity cards to all hondurans and of permanently providing to the supreme elections tribunal all the information necessary, in an opportune manner and without cost, so that it may administer the national electoral census. article 56 the national electoral census is public, permanent, and unalterable. the registration of citizens, as well as modifications due to death, change of address, suspension, loss or restoration of citizenship, shall be checked within the time and by the methods established by law. article 57 criminal action for electoral offenses established by law is public and prescribes in four years. article 58 electoral offenses and misdemeanors shall be tried in accordance with ordinary law, without privileged status. title iii. declarations, rights, and guarantees chapter i. declarations article 59 the human being is the supreme end of society and of the state. everyone has the obligation to respect and protect the person. the dignity of the human being is inviolable. in order to guarantee the rights and liberties recognized in this constitution, the institution of the national commissioner of human rights is created. the organization, prerogatives, and powers of the national commissioner of human rights shall be the object of a special law. article 60 all men are born free and equal in rights. there are no privileged classes in honduras. all honduras are equal before the law. all forms of discrimination on account of sex, race, class, or any other reason prejudicial to human dignity shall be punishable. the law shall establish the crimes and penalties for violators of this provision. article 61 the constitution guarantees to all hondurans and to foreigners residing in the country the right to the inviolability of life, and to individual safety, freedom, equality before the law, and property. article 62 the rights of every man are limited by the rights of all others, by collective security, and by the just demands of the general welfare and democratic development. article 63 the declarations, rights and guarantees enumerated in this constitution shall not be construed as a denial of other declarations, rights and guarantees not specified that spring from the national sovereignty, from the republican, democratic and representative form of government, and from the dignity of man. article 64 laws and governmental provisions or any other provisions that regulate the exercise of declarations, rights and guarantees established in this constitution shall not be enforced if they diminish, restrict, or evade such rights and guarantees. chapter ii. individual rights article 65 the right to life is inviolable. article 66 the death penalty is prohibited. article 67 the unborn shall be considered as born for all rights accorded within the limits established by law. article 68 every person has the right to have his physical, mental, and moral integrity respected. no one shall be subjected to torture, or to cruel, inhuman, or degrading punishment or treatment. every person deprived of his liberty shall be treated with respect for the inherent dignity of the human person. article 69 personal freedom is inviolable and may be restricted or temporarily suspended only according to law. article 70 all hondurans have the right to do that which is not harmful to others; likewise, no one shall be obliged to do that which is not legally prescribed nor shall be prevented from doing that which the law does not prohibit. no one may take justice into his own hands, nor exercise violence to claim his rights. no personal service may be exacted, nor must it be rendered gratuitously, except by virtue of the law or by a sentence based on the law. article 71 no one may be detained nor held incommunicado for longer than twenty-four hours after his detainment, without being freed or placed at the order of the competent authority to begin his process of trial. by exception, this term shall be extended by the competent authority to forty-eight hours when it is regarding crimes of complex investigation, due to a multitude of related facts, difficulty in obtaining proof, or because of a high number of suspects or victims. the measure of exceptionalness shall be developed in the procedural penal code. judicial detention to question may not exceed six days counted from the moment in which it is begun. article 72 expression of thought shall be free, and be expressed through any means of dissemination, without prior censorship. those who abuse this right, and those who by direct or indirect methods restrict or limit the communication and circulation of ideas and opinions shall be liable before the law. article 73 printing shops, radio broadcasting, television stations, and any other means of broadcast and dissemination of thought, as well as their machinery and equipment, may not be seized or confiscated nor may their work be closed down or interrupted by reason of an offense or misdemeanor relating to the dissemination of thoughts, without prejudice to the liabilities incurred by these reasons in accordance with the law. no enterprise for the dissemination of thought may receive subsidies from foreign governments or political parties. the law shall establish the penalty for violations of this provision. the control of print newspapers, of radio and television newscasts, and the intellectual, political and administrative orientation of the same shall be exercised exclusively by hondurans by birth. article 74 the right of expression of thought may not be restricted by indirect avenues or means, such as the abuse of government or private controls over newsprint, radio broadcasting frequencies, or equipment used in the dissemination of information. article 75 the law that regulates the expression of thought may establish prior censorship to protect the ethical and cultural values of the society, as well as the rights of persons, especially those of childhood, adolescence and youth. commercial advertisements of alcoholic beverages and tobacco consumption shall be regulated by law. article 76 the right to honor, to personal privacy, to family, and to one's dignity is guaranteed. article 77 the free exercise of all religions and cults is guaranteed without preference to one, provided they do not violate the law and public order. ministers of the various religions may not hold public office or engage in any form of political propaganda, invoking religious motives or, as a means to such end, thus taking advantage of the religious beliefs of the people. article 78 freedom of association and assembly is guaranteed provided its exercise is not contrary to the public order or to public morals. article 79 everyone has the right of peaceful assembly, without arms, in a public demonstration or temporary assembly, in connection with their common interests of whatever nature, without the need of notice or special permission. outdoor meetings and those of a political nature may be subject to a system of special permission, with the sole purpose of ensuring public order. article 80 every person or association of persons has the right to present petitions to the authorities, for reasons of either private or general interest, and to obtain a prompt reply within the time allowed by law. article 81 every person has the right to move freely within the national territory, as well as leave, enter and remain in it. no one may be compelled to change his domicile or residence, except in special cases and with the requirements provided by law. article 82 the right of defense is inviolable. the inhabitants of the republic have free access to the courts to bring actions in accordance with law. article 83 the state shall appoint counsel to defend the poor and to protect the persons and interests of minors and the incompetent. they shall give legal assistance to them and represent them judicially in defense of their personal liberty and other rights. article 84 no one may be arrested or detained except by virtue of a warrant from a competent authority, issued in accordance with the legal formalities and for reasons previously established by law. notwithstanding, a person in flagrante delicto may be apprehended by anyone, for the sole purpose of being handed over to the authority. the arrested or detained must be informed upon arrest and with total clarity of his rights and the charges against him; furthermore, the authorities must permit him to report his detention to a relative or to a person of his choice. article 85 no one may be detained or imprisoned in places other than those established by law. article 86 accused persons subject to criminal prosecution shall, while in detention, have the right to be segregated from convicted persons. article 87 prisons are establishments for the security and social defense. they shall be used to bring about the rehabilitation of prisoners, and their training for work. article 88 duress or coercion of any type to obtain confessions shall not be employed. no one may be required, in criminal, disciplinary or police matters, to testify against himself, his spouse or household companion, nor against his relatives within the fourth degree of consanguinity or second degree of affinity. testimony given only before a competent judge shall be evidence. testimony obtained in violation of any of these principles shall be null, and those responsible shall incur the penalties established by law. article 89 every person shall be presumed innocent so long as his guilt has not been declared by the competent authority. article 90 no person may be tried except by a competent judge or tribunal, with the formalities, rights and guarantees established by law. military jurisdiction is recognized for offenses and wrongdoings of a military nature. military courts may in no case extend their jurisdiction to persons who are not on active duty with the armed forces. article 91 if an offense or wrongdoing of a military nature involves a civilian or a discharged soldier, the case shall be tried by the competent authority of the regular justice. article 92 formal charges may only be brought when there is convincing evidence of the existence of a crime and reasonable indications that the accused is the actor or accomplice. arraignments shall be made in the same manner. article 93 no one may be committed to jail, even by a bill of indictment, nor detained therein, if he furnished sufficient bail in accordance with law. article 94 no one may be punished without having been heard and convicted in a trial, and without final sentence imposed by a judge or competent authority. in cases of contempt of court, and other measures of a similar nature in civil or labor matters, as in cases involving fines or police arrest, the defendant shall always be heard. article 95 no one shall be punished with penalty not previously established by law, nor be tried a second time for the same punishable acts for which a previous trial was held. article 96 no law has retroactive effect, except in criminal matters when the new law favors the defendant. article 97 infamous, proscriptive and confiscatory punishment is forbidden. the punishment of perpetual deprivation of liberty is established. the penal law shall determine its application for those crimes in which commission occurs in grave, offensive, and degrading circumstances and through their impact cause commotion, rejection, indignation, and repugnance in the national community. punishments that deprive liberty for simple crimes and those accumulated for various crimes shall be fixed in the penal law. article 98 no person may be detained, arrested or imprisoned for obligations that do not arise from crimes or offenses. article 99 the home is inviolable. no entrance or search may be made without the consent of the occupant or without order from a competent authority. nevertheless, it may be searched, in case of urgency, to prevent the commission of or impunity from crimes, or to avoid grave injury to persons or damage to property. except in cases of urgency, search of the home may not take place between six o'clock in the evening and six o'clock in the morning, without incurring responsibility. the law shall determine the requirements and formalities regarding the manner in which the entrance, inspection or search may be carried out, as well as the responsibilities that may be incurred by the authority carrying it out. article 100 every person has the right to the inviolability and privacy of communication, specifically mail, telegrams and telephone conversations, except by judicial order. books and documents of merchants and their private papers shall be subject only to inspection and supervision by the competent authorities, in accordance with law. the communications, books and documents referred to in this article that are violated or seized shall not serve as evidence in a trial. in any case, the secrecy of strictly private matters which have no bearing on the matter of the action taken shall be maintained. article 101 honduras recognizes the right of asylum in the form and conditions established by law. when asylum is revoked or denied in accordance with the law, in no case shall the political refugee or asylee be returned to the territory of the state that may claim him. the state shall not authorize the extradition of persons accused of committing political crimes or related common offenses. article 102 no honduran may be expatriated nor handed over to the authorities of a foreign state. excepted from this provision are cases related with crimes of trafficking of narcotics in any of their forms, terrorism and any other illegal act of organized crime and when there exists a treaty or convention of extradition with the requesting country. in no case may a honduran be extradited for political crimes and related common offenses. article 103 the state recognizes, guarantees, and promotes the existence of private property in its broadest sense as a social function and without further limitations than those established by law for reasons of necessity or public interest. article 104 the right to property shall not prejudice the right of eminent domain of the state. article 105 confiscation of property is prohibited. property may not be limited in any way for reasons of political crimes. the right to recover confiscated property is imprescriptible. article 106 no one may be deprived of his property except by reason of public need or interest defined by law or a decision based on law, and shall not take place without assessed prior compensation. in the event of war or internal disorder, it is not necessary that the compensation be paid in advance; however, the corresponding payment shall be made not later than two years after the termination of the state of emergency. article 107 state lands and municipal lands (ejidales), community lands, or private property located in zones adjacent to boundaries with neighboring states, land located along the shores of the two oceans, to a width of forty kilometers toward the interior of the country, and land situated on islands, cays, reefs, cliffs, rocks, shoals and sand banks may be acquired, possessed or occupied under any title only by native-born hondurans, by associations composed entirely of honduran members, and by state institutions, under penalty of nullification of the pertinent act or contract. the acquisition of urban property within the limits established in the previous paragraph shall be dealt with by a special law. registrars of property are prohibited from recording documents that violate this provision. article 108 every author, inventor, producer or merchant shall enjoy the exclusive ownership of his work, invention, trademark, or commercial name, according to law. article 109 taxes shall not be confiscatory. no one shall be obligated to pay taxes and other imposts that have not been duly enacted by, the national congress in regular sessions. no authority shall impose measures in violation of this provision without incurring the liability established by law. article 110 no individual who freely administers his property may be deprived of the right to discharge his civil affairs by compromise or arbitration. chapter iii. social rights article 111 the family, marriage, motherhood and childhood are under the protection of the state. article 112 the right of a man and a woman, who have that quality naturally, to contract marriage between themselves is recognized, as well as the legal equality of spouses. only a civil marriage performed by competent officials and under the conditions established by law is valid. de facto union between persons having the legal capacity to marry is recognized. the law shall indicate the conditions under which it shall have the effect of a civil marriage. marriage and de facto union between persons of the same sex is prohibited. marriages or de facto unions between persons of the same sex that are celebrated or recognized under the laws of other countries shall not be valid in honduras. article 113 divorce as a means of dissolving the matrimonial bond is recognized. the law shall regulate the grounds for divorce and its effects. article 114 all children have the same rights and duties. qualifications concerning the nature of filiation are not recognized. no statement of any kind as to differentiations in births or the marital status of the parents shall be contained in any birth registrations or in any document relating to filiation. article 115 investigation of paternity is authorized. the procedure shall be determined by law. article 116 the right of adoption is recognized for persons united through matrimony or de facto union. the giving of children through adoption to persons of the same sex who form marriages or de facto unions is prohibited. the law shall regulate this institution. article 117 the aged merit the special protection of the state. article 118 the homestead shall be the subject of special legislation designed to protect and further it. chapter iv. rights of the child article 119 the state has the duty to protect children. children shall enjoy the protection afforded to them in international treaties that safeguard their rights. child protection laws are matters of public order, and the official establishments serving this purpose shall have the status of social welfare centers. article 120 physically or mentally handicapped minors, those with abnormal behavior, orphans, and abandoned children shall be subject to special legislation for their rehabilitation, supervision, and protection as the case may be. article 121 parents are under obligation to feed, assist, and educate their children during their minority, and beyond in those cases established by law. the state shall provide special protection for minors whose parents or guardians are economically unable to do so, to provide for their care and education. under circumstances of equal qualifications, these needy parents and guardians shall be given preference in filling public positions. article 122 the law shall establish the jurisdiction and the special courts that shall hear family and juvenile matters. no one under eighteen years of age shall be permitted to be confined in a jail or prison. article 123 all children shall enjoy the benefits of social security and education. every child shall have the right to grow and develop in good health, for which special care shall be given during the prenatal period, as much for the child as for the mother, both being entitled to food, housing, education, recreation, exercise, sport, and adequate medical services. article 124 every child must be protected against every form of abandonment, cruelty and exploitation. no child shall be the object of any type of bondage. no child shall work before reaching an adequate minimum age, nor shall he be permitted to dedicate himself to any occupation or employment that may be prejudicial to his health, education, or serve as an impediment to his physical, mental, or moral development. the use of minors by their parents or other persons for the purpose of begging is prohibited. the law shall establish the applicable penalties for those who violate this provision. article 125 the communications media shall cooperate in the training and education of children. article 126 every child, regardless of circumstances, shall be among the first to receive aid, protection, and assistance. chapter v. labor article 127 every person has the right to work under equitable and satisfactory working conditions, to choose his occupation freely and to give it up, and to protection against unemployment. article 128 laws governing the relations between employers and workers are matters of public order. all acts, stipulations or agreements that involve the waiver, diminution or restriction or evasion of the following guarantees shall be void: regular day work shall not exceed eight hours a day, nor forty-four hours a week. regular night work shall not exceed six hours a day or thirty-six hours a week. regular combined work shall not exceed seven hours a day or forty-two hours a week. all work shall be paid for at a salary equivalent to forty-eight hours a week. overtime work shall be paid for in the manner specified by law. these provisions shall not apply in those well-defined exceptional cases indicated by law. no worker shall be required to perform work that covers more than twelve hours in any period of twenty-four consecutive hours, except in those cases specified by law. equal work shall receive equal pay without any discrimination, provided that the position, the working hours, the conditions of efficiency and the time of service are also equal. wages must be paid in legal tender. the amount of wages, indemnity compensation, and other social benefits shall constitute a preferred credit in accordance with law. every worker is entitled to earn a minimum wage fixed periodically by participation of the state, employers and workers, sufficient to meet the normal needs of his home, in both material and cultural matters, in accordance with the standards of each kind of work, the conditions peculiar to each region and type of work, the cost of living, the relative skill of workers, and the pay systems of the enterprises. a minimum occupational wage shall also be fixed for those activities not wage-regulated by a collective contract or agreement. the minimum wage shall be exempt from attachment, compensation or discount, except as prescribed by law governing family and trade union obligations of the worker. in the facilities of his establishments, the employer must observe and enforce the legal provisions concerning hygiene and health and adopt adequate safety measures in work, which help to prevent occupational hazards and ensure the physical and mental integrity of workers. employers in agricultural enterprises are also subject to the same security system. special protection shall be given to women and minors. minors under sixteen years of age and those above that age who are subject to mandatory education by virtue of national legislation may not be employed in any kind of work. the labor authorities may authorize their employment when they deem it indispensable for their own support or for the support of their parents or brothers and sisters provided that their working does not hinder their compliance with the requirements of mandatory education. for minors under seventeen years of age the work period, which must be daytime, may not exceed six hours a day or thirty hours a week, for any kind of work. a worker shall be entitled to annual paid vacations, the duration and time of which shall be regulated by law. in any event, a worker shall be entitled to a cash payment for vacations already earned and for proportional vacations corresponding to the period worked. vacations may not be compensated by a cash payment, nor accumulated, and the employer shall be obligated to give them to the worker and the worker must take them. the law shall regulate these obligations and shall determine the exceptional cases that permit the accumulation and compensation of vacations. workers shall be entitled to leave with pay for holidays specified by law. the law shall also specify what kind of work shall not be governed by this provision, but in such cases workers shall be entitled to overtime. the right of workers to receive payment for a seventh day is hereby recognized; permanent workers shall receive, in addition, payment for a thirteenth month as a christmas bonus. the law shall regulate the terms and manner of application of these provisions. a woman is entitled to leave before and after childbirth, without loss of employment or wages. during the nursing period she shall be entitled to a rest period each day for nursing her child. the employer may not terminate the employment contract of a pregnant woman, nor after childbirth, except after having proved just cause before a competent judge, in the cases and conditions indicated by law. employers shall be required to indemnify their workers for work injuries and occupational diseases, according to law. the right to strike or to lockout is recognized. the law shall regulate its exercise and may subject it to special restrictions in specified public services. workers and employers shall be entitled to associate freely for purposes exclusively related to their economic-social activities, by forming trade unions or professional associations, according to law. the state shall protect individual and collective contracts made between employers and workers. article 129 the law guarantees stability for workers in their jobs, in accordance with the characteristics of industries and professions, and just causes of severance. whenever an unjustifiable discharge occurs upon final judgment, respective the punishment, the worker shall be entitled at his option to compensation for unpaid wages damages as actual and consequential damages, and to the legal indemnity as well as the indemnity agreed to, or else to be reinstated to the job with recognition of unpaid wages, as actual and consequential damages. article 130 homeworkers shall have a legal status analogous to that of other workers, with due consideration for the peculiarities of their work. article 131 domestic workers shall be protected by social legislation. persons rendering domestic services in industrial, commercial, and social enterprises and in others of a similar nature shall be considered manual workers and have the rights granted to them. article 132 the law shall regulate the hiring of: agricultural, livestock, and forestry workers; land, air, sea, inland waterborne and railway transportation workers; mining and petroleum activities workers; business employees, and all other employees hired under special conditions. article 133 independent intellectual workers and the product of their work must be covered by protective legislation. article 134 all legal disputes arising from relations between employers and workers shall be subject to the labor jurisdiction. the law shall establish the corresponding rules governing this jurisdiction and the institutions entrusted with their application. article 135 labor laws shall be based on harmony between capital and labor, as the factors of production. the state must protect the rights of workers while also protecting capital and employers. article 136 workers may share the profits of employers, but may never assume his risks or losses. article 137 under equal conditions honduran workers shall be given preference over foreign workers. it is prohibited for employers to hire less than 90 percent honduran workers and to pay them less than 85 percent of the total amount of the salaries paid in the respective enterprises. those percentages may be modified in exceptional cases specified by law. article 138 in order to enforce these guarantees and labor laws, the state shall supervise and inspect enterprises, and, when necessary, impose the penalties established by law. article 139 the state has an obligation to promote, organize and regulate conciliation and arbitration procedures for the peaceful settlement of labor disputes. article 140 the state shall promote the vocational and technical training of workers. article 141 the law shall determine which employers, according to the amount of their capital and the total number of their workers, shall be required to provide them and their families with educational, health, housing and other services. chapter vi. social security article 142 every person is entitled to the security of his economic means of subsistence in the event of work disability or inability to obtain remunerated employment. social security services shall be furnished and administered by the honduran social security institute and shall cover cases of sickness, maternity, family allowance, old-age, orphanhood, forced lockouts, work injury, involuntary unemployment; occupational disease, and all other contingencies affecting the capacity to produce. the state shall establish social welfare institutions that shall function unified in a single state system with the contribution of all interested parties and the state. article 143 the state, employers and workers are required to contribute to the financing, improvement and expansion of social security. the social security system shall be established in a gradual and progressive way, both as to the type of risks covered as well as the geographic zones and the categories of protected workers. article 144 it shall be considered in the public interest to expand the social security system to urban and rural workers. chapter vii. health article 145 the right to the protection of one's health is hereby recognized. it is everyone's duty to participate in the promotion and preservation of individual and community health. the state shall maintain a satisfactory environment for the protection of everyone's health. consequently, access to water and sanitation are declared to be a human right. their enjoyment and use shall be equitable with preference to human consumption. therefore, the preservation of sources of water is guaranteed such that they shall not put life and public health at risk. the activities of the state and of public and private entities shall be subject to this provision. the law shall regulate this subject. article 146 it is the duty of the state to regulate, supervise and control all food products, chemicals, pharmaceuticals and biological products through its duly constituted agencies and institutions in accordance with law. article 147 the law shall regulate the production, traffic, possession, donation, use and marketing of psychotropic drugs that may be destined only for health services and scientific experimentation under the supervision of a competent authority. article 148 the honduran institute for the prevention of alcoholism, drug addiction, and drug dependency is hereby created. it shall be governed by a special law. article 149 the executive branch, through the ministry of health, shall coordinate all public activities of the centralized and decentralized institutions of that field, by means of a national health plan, which shall assign priority to the neediest groups. it is the responsibility of the state to supervise private health activities according to law. article 150 the executive branch shall promote integrated programs for the improvement of the nutritional level of all hondurans. chapter viii. education and culture article 151 education is an essential function of the state for the preservation, development, and dissemination of culture, which must extend its benefits to society without discrimination of any kind. national education shall be secular and shall be based on fundamental principles of democracy. it shall instill and promote in all students a deep feeling of honduran patriotism and shall be directly connected with the economic and social development process of the country. article 152 parents have a preferential right to choose the type of education they wish to give their children. article 153 the state has the obligation to develop the basic education of the people, creating for that purpose the necessary administrative and technical institutions which shall be directly dependent on the secretary of the cabinet in the department of education. article 154 the elimination of illiteracy is a primary task of the state. it is the duty of all hondurans to cooperate in order to achieve this objective. article 155 the state recognizes and protects freedom of investigation, of learning and of teaching. article 156 the levels of formal education shall be determined by the corresponding laws, except for higher education which is the exclusive competence of the national autonomous university of honduras. article 157 education at all levels of the formal educational system, except at the higher levels, shall be authorized, organized, directed and supervised exclusively by the executive branch through the secretariat of education, which shall administer all the establishments of the system that are entirely financed by public funds. article 158 no educational establishment may provide education of a quality below the level established by law. article 159 the secretariat of education and the national autonomous university of honduras, without impairing their respective competence, shall adopt the necessary measures so that the general curricula of national education are integrated in a coherent system, in order that all students satisfactorily meet the requirements of higher education. article 160 the national autonomous university of honduras is an autonomous institution of the state, with juridical personality. it enjoys the exclusive privilege of organizing, directing, and developing higher and professional education. it shall contribute to scientific, humanistic and technological research, to the general dissemination of culture, and to the study of national problems. it shall program its participation in the transformation of honduran society. the law and the bylaws of the university shall determine its organization, functioning, and responsibilities. for the creation and functioning of private universities, a special law shall be enacted in accordance with the principles established by this constitution. the only academic degrees having official validity shall be those granted by the national autonomous university of honduras, as well as those granted by private and foreign universities that are recognized by the national autonomous university of honduras. the national autonomous university of honduras is the only institution authorized to determine the incorporation of professionals who are graduates of foreign universities. only persons who hold a valid degree may engage in professional activities. non-university degrees granted by the executive branch shall have legal validity. article 161 the state shall contribute to the maintenance, development and enlargement of the national autonomous university of honduras, with a required annual appropriation of not less than six percent of the budget of net revenues of the republic, the amounts of loans and donations excluded. the national autonomous university is exempt from any form of taxes or contributions. article 162 due to its informational and educational nature, teaching has a social and human function that determines for the educator scientific and moral responsibilities toward his students, the institution in which he works, and toward society. article 163 the training of teachers is an exclusive function and responsibility of the state. a teacher is anyone who administers, organizes, directs, imparts or supervises educational work and whose profession is that of teaching. article 164 elementary school teachers shall be exempt from all taxes on their salaries and on the amounts they later receive as pensions during retirement. article 165 the law guarantees to teacher professionals work stability, a standard of living in accordance with their high mission, and an appropriate pension. a corresponding honduran teachers statute shall be enacted. article 166 all natural and juridical persons have the right to establish educational centers with due compliance with this constitution and other laws. working relations between teachers and owners of such private institutions shall be governed by the educational laws, without prejudice to the benefits that may originate in the labor legislation. article 167 owners of farms, factories and other production centers located in rural areas are obligated to establish and maintain schools of basic education for the benefit of the children of their permanent workers, as long as the number of children of school age exceeds thirty, and in border areas when it exceeds twenty. article 168 the teaching of the constitution of the republic and the history and geography of honduras is compulsory and shall be entrusted to honduran teachers. article 169 the state shall support and promote the education of handicapped persons. article 170 the state shall promote the development of extracurricular education by means of libraries, cultural centers and all forms of dissemination. article 171 public education shall be free and compulsory for one year at the pre-basic level and entirely at the basic and intermediate levels, completely funded by the state, which shall establish the mechanisms of compulsion to make this provision effective. article 172 all the anthropological, archeological, historical and artistic wealth of honduras forms part of the cultural patrimony of the nation; the law shall establish the norms that will serve as basis for its preservation, restoration, maintenance and restitution, as the case may be. it is the duty of all hondurans to safeguard its conservation and prevent its unlawful removal. all sites of natural beauty, monuments and reserved zones shall be under the protection of the state. article 173 the state shall preserve and promote the native cultures as well as authentic expressions of national folklore, popular art and handicrafts. article 174 the state shall promote an enthusiasm for and the practice of physical culture and sports. article 175 the state shall promote and support the dissemination of works of national and foreign authors that contribute to national development because they are legitimate, philosophical, scientific or literary creations. article 176 the mass media of social communication of the state shall be at the service of education and culture. private media of communication must collaborate in the achievement of that purpose. article 177 compulsory membership in professional associations is established. its organization and functioning shall be regulated by law. chapter ix. housing article 178 it is recognized that all hondurans have the right to decent housing. the state shall design and implement housing programs of social interest. the law shall regulate the leasing of housing and premises, the use of urban soil and construction, in accordance with the public interest. article 179 the state shall promote, support and regulate the creation of systems and mechanisms for the utilization of internal and external resources to be used for solving the housing problem. article 180 all internal or external credits and loans obtained by the state for housing purposes shall be regulated by law for the benefit of the ultimate user of the credit. article 181 the social fund for housing is hereby created. its purpose shall be to develop housing in urban and rural areas. a special law shall regulate its organization and functioning. title iv. constitutional guarantees chapter i. habeas corpus, habeas data and amparo article 182 the state recognizes the guarantee of habeas corpus or personal appearance and of habeas data. consequently, in habeas corpus or personal appearance, every aggrieved person, or any other in his behalf, has the right to file the petition; and in habeas data only may the person whose personal or familiar information are in archives, public or private registries in the following manner: habeas corpus or personal appearance when he is illegally imprisoned, detained or restrained in any way in the enjoyment of his freedom; and when during his lawful imprisonment or detention, the imprisoned or detained person is subjected to torment, torture, harassment, illegal demands, or any other coercion or molestation that is unnecessary for his personal safety or for the order of the prison. habeas data all persons have the right to access information about themselves or their property that is already contained in databases, public or private registries in an expedited and non-onerous manner, and in cases where it is necessary to access, correct, or remove it. this may not affect the privacy of journalistic information sources. a writ of habeas corpus or habeas data may be filed without requiring any special power or any formality, either orally or in writing, using any means of communication, at any time during working or nonworking days and free of charge. only the constitutional chamber of the supreme court of justice may take cognizance of the protections of habeas data; it has the unavoidable obligation of proceeding immediately to stop any violation of the rights of honor, personal or familiar privacy, a oneã¢â�â�s own image. the authorities of courts may not dismiss a petition for a writ of habeas corpus or personal appearance and additionally have the inescapable duty of proceeding immediately to put an end to the violation of one's personal liberty or personal safety. in both cases, the authorities of the courts that fail to admit these constitutional petitions shall incur the corresponding criminal and administrative liability. authorities that order and agents who undertake the concealment of the detained person, or who in any other way violate this guarantee shall be guilty of the offense of illegal detention. article 183 the state recognizes the writ of amparo. consequently, every aggrieved person, or any other in his behalf, has the right to file a petition for a writ of amparo; to have enjoyment and exercise of his rights and guarantees under the constitution, treaties, agreements, and other established international instruments maintained or restored; and for a declaratory judgment in specific cases that a law, fact, act, or resolution of authority does not bind the petitioner, and is not applicable because it contravenes, limits or restricts any of the rights guaranteed by this constitution. when the petition for a writ of amparo is presented before a court lacking jurisdiction, that court must remit the original written document to the competent court. the petition for a writ of amparo shall be filed in accordance with the law. chapter ii. unconstitutionality and review article 184 laws may be declared unconstitutional because of their form or content. the supreme court of justice has original and exclusive jurisdiction over hearing and deciding such matters and must render its decisions in accordance with the requirements governing final judgments. article 185 a declaration of unconstitutionality of a law and its revocation may be petitioned by anyone who considers himself injured in his direct, personal, and legitimate interest: by way of an action, to be filed before the supreme court of justice; by way of a defense, which may be asserted in any judicial proceeding; and additionally, the court that hears any judicial proceeding may directly request a declaration of the unconstitutionality of a law and its non-applicability before rendering a decision. in the cases discussed in numbers two and three, the proceedings shall be raised to the supreme court of justice, following the proceeding through the moment of the summons for judgment, after which the judicial proceeding shall be suspended on the partial question in anticipation of the ruling on unconstitutionality. article 186 no power or authority may enjoin causes of action pending in other courts or reopen cases already adjudged, except that criminal and civil cases already decided may be reviewed at any time in behalf of the persons convicted, on their own request, or the request of any other person, or of the public ministry, or on the court's own motion. all aggrieved persons that have been a party in the proceeding or with the right to be called to participate in it may demand the review of final rulings in civil matters within a period of six months counted from the day on which the last notification of the rulingã¢â�â�s finality. the petition for review shall be filed exclusively with the supreme court of justice. the law shall regulate the cases and the manner of review. chapter iii. restriction or suspension of guarantees article 187 the exercise of the rights established in articles 69, 71, 72, 78, 81, 84, 93, 99 and 103 may be suspended in the event of invasion of the national territory, serious disturbance of the peace, an epidemic, or other general disaster, or by the president of the republic in agreement with the council of ministers, by means of a decree that shall contain: the reasons justifying the suspension;â�¨ the guarantee or guarantees restricted; the territory to be affected by the restriction; and the duration of the restriction. in addition, congress shall be convened by the same decree in order that, within a period of thirty days, it may take cognizance of the decree and ratify, modify, or reject it. in the event that congress is in session, it shall take immediate cognizance of the decree. the restriction of guarantees shall not exceed a period of forty-five days for each time it is decreed. if before the expiration of the period set for the restriction the causes underlying the decree have disappeared, it shall cease to be effective and, in this case, every citizen shall have the right to urge its revision. upon expiration of the period of forty-five days, the guarantees shall be restored automatically unless a new restriction has been decreed. restriction of guarantees decreed shall in no way affect the functioning of the state agencies, whose members shall always enjoy the immunities and privileges granted by law. article 188 the territory in which the guarantees mentioned in the preceding article are suspended shall be governed during the suspension by the state of siege law, but neither that law nor any other may provide for the suspension of any guarantees other than those already mentioned. likewise, during the suspension no new offenses may be established or penalties imposed other than those established by laws in force at the time the suspension was decreed. title v. branches of the government chapter i. legislative branch article 189 the legislative branch exercises itself through a congress of representatives, who shall be elected by direct vote. it shall convene in the capital of the republic in regular sessions on the twenty-fifth of january of each year without the necessity of convocation and shall adjourn its sessions on the thirty-first of october of the same year. the sessions may be extended for such time as may be necessary, by a resolution of congress upon the initiative of one of more of its members or at the request of the executive branch. recesses shall be determined by its internal regulations. article 190 the national congress shall also hold special sessions: at the request of the executive branch; when convoked by its permanent committee; and whenever half plus one of its members so agree. in such cases it shall deal only with matters that caused the respective decree of convocation. article 191 five or more representatives may convoke the national congress into special sessions anywhere in the republic whenever the executive, another authority, force majeure or an act of god prevent the installation of congress or the holding of its meetings. article 192 for the installation of the national congress and the holding of its meetings a quorum of half plus one of its members shall be sufficient. article 193 neither the national congress itself nor any other authority of the state or private parties may prevent the installation of congress, the holding of its meetings or order its dissolution. violation of this provision constitutes a crime against the powers of the government. article 194 on january 21st the representatives shall meet in preliminary meetings, and with the attendance of at least five members, the provisional directorate shall be organized. article 195 on january 23 the representatives shall meet to hold their final preliminary meeting to elect the permanent directorate. the president of the national congress shall remain in office for a period of four years and shall be the president of the permanent committee. the rest of the directorate shall remain in office for two years. article 196 representatives shall be elected for a term of four years, counted from the date on which the national congress is formally installed. in the event of the permanent absence of a representative, the alternate called by the national congress shall complete his term. article 197 representatives are under obligation to meet in assembly on the dates indicated in this constitution and to attend all sessions of congress except in case of duly proven incapacity. deputies whose absence or unjustified abandonment of the sessions cause a lack or a break of quorum shall be expelled from congress and shall lose the right to run for public office for ten years. article 198 to be elected representative, the following is required: to be honduran by birth to be at least twenty-one years of age;â�¨ to be in the exercise of the rights of citizenship; to be a layman, and to have been born in the department for which he is running for office or to have resided therein for at least the last five years prior to the date of convocation of the elections. article 199 the following may not be elected representatives: the president of the republic and presidential designates of the republic; justices of the supreme court of justice; secretaries of the cabinet and deputy secretaries; chiefs of the military service with national jurisdiction; holders of high office in the direction, government, or administration of the decentralized institutions of the state; members of the military service, on active duty, members of security forces and any other armed force; all other public officials or public employees of the executive branch and the judicial branch as established by law, except those who hold a teaching or health-care position; justices of the supreme elections tribunal and the director and sub-directors of the national registry of persons the attorney general and deputy attorney general of the republic, members of the superior tribunal of accounts, general prosecutor of the republic and adjunct general prosecutor attorney for the environment, the superintendent of concessions and the national commissioner of human rights. the spouse and relatives to the fourth degree of consanguinity and second of affinity of those named in paragraphs 1, 2, 4, 8, and 9 above, and of the secretary and deputy secretary of the cabinet for the departments of defense and public safety. the spouse and relatives of the chiefs of military zones, commanders of military units, departmental or sectional military representatives, and representatives of security forces or of any other armed force, within the fourth degree of consanguinity or second degree of affinity, when these individuals are candidates for office in the department where they exercise jurisdiction; holders of state concessions for the exploitation of natural resources or contractors for public services and works paid for with state funds and who have accounts pending with the state; delinquent debtors of the national treasury. these incompatibilities and disabilities shall affect those holding the above-mentioned positions six months prior to the election. article 200 repealed. article 201 buildings and facilities of the national congress are inviolable. it is the duty of the president of the directorate or of the permanent committee to authorize the entrance of members of the public security forces when circumstances so require. article 202 the national congress shall be formed by a fixed number of one hundred and twenty-eight principal representatives and their respective alternates, who shall be elected in accordance with the constitution and the law. the representatives shall be representatives of the people, their departmental distribution shall be made on the basis of the quotient given by the supreme elections tribunal, in accordance with the electoral law and the political organizations. in those departments that have a population less than the quotient given by the supreme elections tribunal, a principal representative and his respective alternate shall be elected. article 203 representatives in office may not obtain remunerated public positions during the term for which they have been elected, except teaching and cultural positions and professional services related to social welfare. they may, however, be secretaries of the cabinet or deputy secretaries, presidents or managers of decentralized institutions, chiefs of diplomatic or consular missions, or serve in ad hoc diplomatic missions. in such cases they will be reinstated in the national congress upon the termination of these functions. alternate deputies may hold public positions or employment without their acceptance or exercise causing loss of their status as alternates. article 204 no representative may hold state property as a lessee directly or indirectly, or obtain contracts or concessions of any kind from the state. violation of this provision shall render the act absolutely null by operation of law. article 205 the national congress shall have the following powers: to make, enact, interpret, amend, and repeal laws; to convoke, suspend and close its sessions; to adopt its internal regulations of the legislative branch and impose the penalties established therein for those who violate them; to convoke special sessions in accordance with this constitution; to incorporate its members in accordance with their credentials and to receive the constitutional oath from them; to call the alternate representatives, in case of permanent or temporary absence or legitimate impediment of the principals, or when the latter refuse to attend; to count the votes and declare the election of the president, presidential designates, and representatives to the national congress, and to the central american parliament, and the members of the municipal corporations whenever the supreme elections tribunal has not done so. to accept or refuse to accept the resignation of representatives for justifiable cause; to elect for the corresponding term, and from the nominee pool of candidates proposed by the nominating board referred to in this constitution, the justices of the supreme court of justice. to interpret the constitution of the republic in ordinary sessions in one legislature, with two thirds of the votes of the totality of its members. through this process constitutional articles 373 and 374 may not be interpreted. to elect the members of the superior tribunal of accounts, attorney general and deputy attorney general of the republic, justices of the supreme elections tribunal, general prosecutor of the republic and adjunct general prosecutor, attorney for the environment, and deputy attorney for the environment, national commissioner for human rights, superintendent of concessions, director and deputy director of the national registry of persons. to receive the constitutional oath of the president of the republic and presidential designates of the republic declared elected, and of any other officials it elects; to grant them leave of absence, and accept or refuse to accept their resignations; and to fill vacancies in case of the permanent absence of any of them; to grant or deny permission to the president of the republic and presidential designates to leave the country for more than fifteen days; to move the seat of the state powers for serious reasons. to realize impeachment in accordance with the process established in the special law of impeachment for public servants and for reasons established in article 234 of this constitution. to grant amnesty for political offenses or related common offenses, except in such cases the national congress may not make decisions on pardons; to grant or refuse permission to hondurans to accept employment or decorations from another state; to award prizes and grant temporary privileges to authors and inventors and to persons who have introduced new industries of public benefit or who have improved those already existing; to approve or disapprove contracts that involve fiscal exemptions, incentives, and concessions, or any other contract that is to take effect or continue to be valid in the following period of government of the republic; to approve or disapprove the administrative conduct of the executive branch, the judicial branch and the supreme elections tribunal, the superior tribunal of accounts, the office of the attorney general of the republic, the office of the attorney for the environment, public ministry, office of the national commissioner of human rights, national registry of persons, decentralized institutions and other auxiliary and special institutions of the state. to appoint special committees to investigate matters of national interest. the summons of such committees shall be compulsory under the same penalty of contempt as the one used in the judicial process; to question secretaries of the cabinet and other officials of the central government, decentralized institutions, state enterprises and any other entities in which the state has an interest, concerning matters related to the public administration; to declare a restriction or suspension of rights in accordance with the provisions of this constitution, and to ratify, modify, or disapprove the restriction or suspension enacted by the executive branch according to law; to confer all ranks from major to division general, at the proposal of the commander in chief of the armed forces, by the initiative of the president of the republic; to fix the number of permanent members of the armed forces; to authorize or refuse the passage of foreign troops through the national territory; to authorize the executive branch to order troops of the armed forces leave the country to serve in foreign territory, in accordance with international treaties and conventions;â�¨ to declare war and to make peace; to authorize the admission of foreign military missions of technical assistance or cooperation in honduras; to approve or disapprove international treaties signed by the executive branch; to create and abolish posts and to award honors and pensions for significant services to the nation; to adopt annually the general budget of revenues and expenditures, on the basis of the proposal submitted by the executive branch, duly itemized and to decide on modifications; to approve annually the duly itemized budget of revenues and expenditures of decentralized institutions; to determine the weight, fineness, and rate of the national currency and the standard of weights and measures; to levy taxes, assessments, and other public charges; to approve or disapprove loans and similar agreements related to the public credit, entered into by the executive branch. in order to contract foreign loans, or loans that although contracted in honduras must be financed with foreign capital, the approval of the national congress shall be required for the respective project; to establish by law, those cases in which subsidies and aid may be granted for purposes of public benefit or as an instrument of economic and social development; to approve or disapprove the liquidation of the general budget of revenues and expenditures of the republic and of the budgets of the decentralized and devolved institutions. the superior tribunal of accounts shall rule on these liquidations and resume its vision of the efficiency and efficacy of the management of the public sector, which shall include the evaluation of spending, organization, fulfillment of management and reliability of the control of internal audits, the accounting plan and its application; to regulate the payment of the national debt, at the initiative of the executive branch; to exercise control over the public revenues; to authorize the executive branch the alienation of national property or its application to public uses; to authorize ports of entry, and establish and abolish customhouses and free trade zones, at the initiative of the executive branch; to regulate maritime, land and air trade; to establish the national symbols, and to exercise any other powers conferred upon it by this constitution and other laws. article 206 the functions of the legislative branch are not delegable except that of the taking of the constitutional oath of office of high government officials, in accordance with this constitution. article 207 before closing its sessions, the directorate of the national congress shall appoint nine principal members and their respective alternates who shall form the permanent committee during the adjournment of the national congress. article 208 the powers of the permanent committee are the following: to render its internal regulations; to render opinions and complete the steps left on business that is left pending, so that they may be considered at the next legislative session; to prepare, for submission to the national congress for consideration, proposed projects for changes in the laws that in its opinion the needs of the country may demand; to receive from the executive branch the enactments of the last ten days of sessions of the national congress, duly signed; to receive complaints of violations of this constitution; â�¨ to keep in its custody and under its responsibility the files of the national congress; â�¨ to publish an edition of all decrees and resolutions enacted by the national congress at its previous sessions, within three months following its adjournment; â�¨ to convoke the national congress for special sessions, at the request of the executive branch or whenever the exigent circumstances so require; â�¨ to receive from the executive branch the documentation and information relative to economic agreements, credit operations, or loans that that branch plans to enter into, authorize, or contract, in order to give detailed information to the national congress at its next session; to submit to the national congress a detailed report of its work during its period of its performance; to elect ad interim, in case of absolute default, the replacements for officials who must be appointed by the national congress; to call in other representatives as members, to fill vacancies in the membership of the committee; to grant or deny permission to the president and presidential designates of the republic to leave the national territory for more than fifteen days; to name special committees that it deems necessary, formed by members of the national congress. to perform any other duties conferred on it by the constitution. article 209 the special disbursement office of the legislative branch is hereby created to attend to the payment of all expenditures of the branch. article 210 the special disbursement office of the legislative branch shall be immediately subordinate to the directorate of the national congress or to the permanent committee, as may be appropriate. the directorate of the national congress is responsible for appointing the paymaster, who must furnish bond in accordance with the law. article 211 the executive branch shall include in the general budget of expenditures and revenue of the republic the funds budgeted by the legislative branch for its functioning. article 212 the general treasury of the republic shall in make advance quarterly authorization of the funds necessary to meet the expenditures of the national congress. chapter ii. enactment, sanction and promulgation of laws article 213 representatives to the national congress and the president of the republic, through the secretaries of the cabinet, as well as the supreme court of justice and the national electoral tribunal, in matters within their jurisdiction, and numbers of at least 3,000 citizens through the mechanism of citizen initiative have the exclusive right to introduce bills. article 214 no bill shall be finally voted upon until after it has been debated three times, taking place on different days, except in case of urgency determined by a simple majority of the representatives present. article 215 every bill that has been passed by the national congress shall, within three days after being voted upon, be sent to the executive branch so that it may be given his sanction and he may order it promulgated as law. a law shall be sanctioned with the following phrase: "let it therefore be executed". article 216 should the executive branch find impediments to the sanction of the bill, it shall return it to the national congress within ten days with the phrase: "return to congress", and shall explain the grounds on which disagreement is based. if it does not veto it within the period indicated, the bill shall be considered sanctioned and shall be promulgated as law. when the executive returns a bill, it shall again be debated in the national congress, and if it is ratified by a two-thirds vote, it shall again be sent to the executive branch, with this phrase: "constitutionally ratified" and the executive branch shall publish it without delay. if the grounds for the veto are that the bill is unconstitutional, it may not be submitted to a new debate until the opinion of the supreme court of justice has been obtained; the court shall issue its opinion within such period as the national congress shall specify. article 217 when the national congress passes a bill at the conclusion of its session and the executive deems it inadvisable to sanction it, the executive is required to give immediate notice to congress so that it may remain in session for another ten days, calculated from the date on which congress received the bill, and if the executive does not do so, it shall return the bill within the first eight days of the next session of the congress. article 218 sanction shall not be necessary for, nor shall the executive branch be entitled to veto, the following cases and resolutions: elections that the national congress orders or announces or resignations that it accepts or disapproves; â�¨ declarations that there are or are not grounds for impeachment; â�¨ decrees that relate to the conduct of the executive branch; â�¨ regulations that it issues for its internal procedure; â�¨ decrees it approves to temporarily transfer its seat to another place in the territory of honduras or to suspend its sessions or to convene special sessions; â�¨ the budget law; treaties or contracts rejected by the national congress, and â�¨ amendments decreed to the constitution of the republic, and interpretations that are decreed of the constitution of the republic by the national congress. in these cases, the executive shall promulgate the law with this phrase: "now therefore let it be published". article 219 whenever a bill that was not introduced at the initiative of the supreme court of justice is intended to amend or repeal any provision contained in the codes of the republic, it may not be debated without hearing the opinion of that court. the court shall issue its report within the period specified by the national congress. this provision does not apply to laws of a political, economic or administrative nature. article 220 no bill rejected wholly or partially may be debated again in the same session of the congress. article 221 a law is compulsory by virtue of its promulgation and after twenty days have elapsed following completion of its publication in the official journal la gaceta. nevertheless, the period mentioned in this article may be reduced or extended in the law itself and, in special cases, another method of promulgation may be ordered. chapter iii. the superior tribunal of accounts article 222 the superior tribunal of accounts is the governing entity of the system of control of public resources, with functional and administrative autonomy over the powers of the state, subject only to the fulfillment of the constitution and the laws. it shall be responsible before the national congress for the acts executed in the exercise of its powers. the superior tribunal of accounts has an a posteriori role in the funds, property, and resources administered by the powers of state, decentralized and devolved institutions, including the state or mixed banks the national commission of banks and insurance, the municipalities and any special body or public or private entity that receives or administers public resources from internal or external sources. in the fulfillment of its role it must realize auditing of finances, management and results, founded in efficiency, efficacy, economy, equity, truth, and legality. it is also its responsibility to establish a system of transparency in the management of public servants, the fact-finding on illicit enrichment and auditing of the assets and liabilities, and in general of the wealth of the state. in order to fulfill this responsibility, the superior tribunal of accounts shall have the powers determined by its organic law. article 223 the superior tribunal of accounts shall be composed of three members elected by the national congress, with the favorable vote of two thirds of all the representatives. the members of the superior tribunal of accounts shall be elected for a period of seven years and may not be re-elected. the election of the president of the superior tribunal of accounts shall be the responsibility of the national congress. article 224 in order to be members of the superior tribunal of accounts it is required that: one is honduran by birth; â�¨ one is over 35 years of age; â�¨ one is a citizen in the full exercise of his rights; â�¨ one is of recognized honesty and well-known good conduct, and â�¨ one holds a university degree in the areas of economic, administrative, legal, or financial sciences. article 225 illicit enrichment is presumed when the growth of wealth of the official or public employee, from the date on which he took office to the on which he left office, is notably larger than what he normally could have obtained in virtue of the salary and remuneration that he legally earned, and from the growth of his wealth or his earning from any other legal cause. similarly, illicit enrichment shall be presumed when the public servant does not authorize investigation of his bank deposits and business abroad. in order to determine the growth referred to in the first paragraph of this article, wealth and earnings of the official or employee, of his spouse and of his children shall be considered. the declaration of property of officials and public employees shall be made in accordance with the law. when a public servant is absolved, he shall have the right to reassume his office. article 226 the superior tribunal of accounts must submit to the national congress, through its president, within the first forty days after the close of the fiscal year, the annual report on its management. article 227 all aspects relating to the organization and operation of the superior tribunal of accounts and its departments shall be determined by its organic law. chapter iv. office of the attorney general of the republic article 228 the office of the attorney general of the republic shall be the legal representative of the state. its organization and operation shall be determined by law. article 229 the attorney general and the deputy attorney general of the republic shall be elected by the national congress for a term of four years and they may not be reelected for a subsequent period; they must have the same qualifications and shall have the same prerogatives and qualifications as prescribed by this constitution for justices of the supreme court of justice. article 230 civil and criminal actions resulting from the audits of the office of the comptroller general of the republic shall be instituted by the attorney general, with the exception of those relating to municipalities, which shall continue to be the responsibility of officials indicated in the law, and in their absence, by the office of the attorney general of the republic. article 231 the state shall appropriate such funds as may be necessary for the proper organization and operation of the office of the attorney general of the republic. all public administration organs shall cooperate with the attorney general of the republic in performing his functions in the manner determined by law. chapter v section i. public ministry article 232 the public ministry is the specialized professional body responsible for the presentation, defense, and protection of the interests of society, functionally independent from the powers of the state and free from all sectarian political interference. the public ministry enjoys administrative, technical, financial and budgetary autonomy, effected in the general budget of revenues and expenditures of the republic, and shall have an annual gradual allocation until it gains three percent of the current revenues. the executive branch shall authorize the corresponding budgetary line items in anticipation quarterly. the officious exercise of criminal public action is the responsibility of the public ministry. in the matters of its competence it shall be exercised by the office of the attorney general of the republic and by individuals in cases where it is their responsibility. the public ministry has the responsibility of the coordination, technical and legal direction, and criminal and forensic investigation. article 233 the appointment to the public ministry is thus: there shall be a deputy general prosecutor, who shall replace the head in the case of his absence, inability, or recusal. these officials shall be elected by the national congress for a period of five years with the favorable vote of at least two thirds of its members from a nominee pool of five candidates selected by a nominating board, formed by the terms provided for by law. in order to be general prosecutor of the republic and deputy general prosecutor the following qualifications are required: to be a honduran by birth; to be a citizen in full enjoyment of his rights; to be a duly certified lawyer, with distinguished professional experience of more than ten years or to have filled the office of judge in the criminal law for at least ten years; to be older than 40 years of age, and to have a duly proven record of moral conduct. section ii. impeachment article 234 impeachment of the president of the republic and presidential designates, justices of the supreme court of justice, representatives of the national congress and central american parliament, municipal corporations and all public servants elected by the national congress occurs when there is a grave complaint against their performance in office, for having taken actions contrary to the constitution of the republic or the national interest and for manifest negligence, inability, or incompetence in the exercise of office. without prejudice to administrative, civil and criminal liability, the removal of office shall be the sole consequence derived from the liability determined through impeachment. when the accusation is against the president of the republic the process of the impeachment and removal must be approved by three fourths of the totality of the representatives, in the other cases, it shall be by two thirds of the chamber. the president of the republic may only be removed from office by the national congress through impeachment. the implementation of impeachment and its effects are not subject to judicial review and the decree issued to its effect does not require the sanction of the executive branch. impeachment consists of two stages, the investigative stage that shall last for the period established in the special law that is issued to its effect and the stage of debate and voting that shall last up to five days, counted from the presentation of the report to the full membership by the special commission. chapter vi. the executive branch article 235 the president of the republic, and in his absence, the presidential designates, shall exercise the executive power on behalf and for the benefit of the people. article 236 the president of the republic and three presidential designates shall be elected jointly and directly by the people by a simple majority of votes. the election shall be announced by the supreme elections tribunal and, in default thereof, by the national congress or by the supreme court of justice as applicable. article 237 the presidential term shall be four years and shall begin on the 27th day of january following the date on which the election was held. article 238 no person shall be president of the republic or presidential designate unless: he is a honduran by birth; he is over 30 years of age; he is in the enjoyment of the rights of citizenship, and he is a layman. article 239 a citizen who has held the office of president under any title may not be president or a presidential designate. any person who violates this provision or advocates its amendment as well as those that directly or indirectly support him shall immediately cease to hold their respective offices and shall be disqualified for ten years from holding any public office. article 240 the following may not be elected president of the republic: the presidential designates of the republic, secretaries and deputy secretaries of the cabinet, justices of the supreme elections tribunal, justices and judges of the judicial branch, presidents, vice presidents, managers, deputy managers, directors, deputy directors, executive secretaries of decentralized institutions, members of the superior tribunal of accounts, the attorney general and deputy attorney general of the republic, justices of the office of the superior tribunal of accounts who have performed their functions during the six months prior to the date of election of the president of the republic. commanders and general officers of the armed forces; senior officers of the armed forces and the police or state security forces; â�¨ servicemen on active duty and members of any other armed body that have performed their functions during the previous twelve months prior to the date of the election; â�¨ repealed. the spouse and the relatives within the fourth degree of relationship by blood or the second degree of relationship by marriage of the president and the presidential designates that have exercised the presidency in the year prior to the election, and the representatives or agents of enterprises that are concession holders of the state, the concession holders of the state for the exploitation of natural resources or contractors for services or public works that are financed with national funds and who for those reasons have outstanding accounts with the state. article 241 the president of the republic, or whoever is performing his functions, may not leave the national territory for more than fifteen days without permission of the national congress or its permanent committee. article 242 in the temporary absences of the president of the republic, one of the designates shall replace him in his functions. if the absence of the president is permanent, the designate elected for that purpose by the national congress shall exercise the executive power for the time that remains for completion of the constitutional term. but if the three designates are also permanently absent, the executive power shall be exercised by the president of the national congress or, in default thereof, by the president of the supreme court of justice for the time that remains for completion of the constitutional period. if the election of the president and designates should not be announced one day before the 27th of january, the executive power shall be exercised exceptionally by the council of secretaries of the cabinet, presided over by the secretary of the cabinet in the departments of the interior and population. the council of secretaries of the cabinet must convoke elections of the supreme authorities within fifteen days subsequent to that date. these elections shall take place within a period of not less than four or more than six months from the date of the convocation. once the elections have been held, the supreme elections tribunal or, in default thereof, the national congress or the supreme court of justice, as the case may be, shall make the corresponding announcement within the twenty days subsequent to the date of the election, and the persons elected shall immediately take office until the corresponding constitutional period is completed. while the newly elected supreme authorities take their respective offices, the representatives to the national congress and the justices of the supreme court of justice and the municipal corporations shall continue temporarily to perform their functions for the period that is concluding. article 243 if, at the beginning of the constitutional period for which he has been elected the president does not take office, until he does so the presidential designate elected by the national congress shall exercise the executive power. article 244 the oath required by law of the president of the republic and presidential designates shall be administered before the president of the national congress, if it is in session, or, in default thereof, before the president of the supreme court of justice. should it not be possible to administer the oath before the above-mentioned officials, it may be administered before any judge (juez de letras) or justice of the peace of the republic. article 245 the president of the republic shall be responsible for the general administration of the state; his powers and duties are as follows: to comply with and enforce the constitution, treaties and conventions, laws and other legal provisions; to direct the policies of the state and to represent it; to safeguard the independence and honor of the republic and the integrity and inviolability of the national territory; to maintain the peace and internal security of the republic and to repel every attack or external aggression; to freely appoint and dismiss secretaries and deputy secretaries of the cabinet and other officials and employees whose appointment is not assigned to other authorities; to convene the national congress in special sessions through the permanent committee or to propose the continuance of regular sessions; to restrict or suspend the exercise of rights, in agreement with the council of ministers, subject to the provisions of this constitution; â�¨ to send messages to the national congress at any time and compulsorily by personal appearance and in writing when each regular legislative session is installed; â�¨ to participate in the enactment of the laws by introducing bills in the national congress through the secretaries of the cabinet; â�¨ to give the legislative and judicial branches and the supreme elections tribunal such assistance and forces as they may need to implement their decisions; to issue directives and decrees and to issue regulations and resolutions according to the law; to direct foreign policy and relations; to conclude treaties and agreements and to ratify, following approval by the national congress, international treaties of a political and military nature, those relating to the national territory, sovereignty and concessions, those entailing financial obligations for the public treasury, those requiring amendment or repeal of any constitutional or legal provision, and those needing legislative measures for their implementation; to appoint, in accordance with the foreign service law to be issued, the heads of diplomatic and consular missions who shall be honduran by birth except in the case of honorary posts or representations jointly by honduras with other states; to receive the heads of foreign diplomatic missions and representatives of international organizations; to issue and withdraw the exequatur from consuls of other states; to exercise command over the armed forces as the commander-in-chief and to adopt the necessary measures for the defense of the republic; to declare war and make peace during a recess of the national congress, which must be convened immediately; generally to watch over the official behavior of public officials and employees for the security and prestige of the government and of the state; to administer the public treasury; to adopt special economic and financial measures when the national interest so requires and to give an account thereof to the national congress; to negotiate loans and conclude their contracts following approval by the national congress when appropriate; to draw up the national development plan, discuss it in the council of ministers, submit it to the national congress for approval, direct it and execute it; to regulate customs tariffs according to law; to pardon and commute sentences according to law; to confer awards according to law; to see to it that the revenues of the state are collected and to regulate their investment according to law; to publish each quarter a statement of revenue and expenditures of public revenue; to organize, direct, orient and promote public education, eradicate illiteracy, and disseminate and improve technical education; to adopt measures for the promotion, recovery and rehabilitation of the health of the population and the prevention of disease; to direct the economic and financial policy of the state; to exercise supervision and control of banking institutions, insurance companies, and investment houses through the national commission of banks and insurance, whose membership and operation shall be governed by a special law, and to appoint the president and vice presidents of the state banks according to law; to prescribe all such measures and provisions as may be feasible to promote the rapid execution of the agrarian reform and the development of production, and productivity in rural areas; to sanction, veto, promulgate and publish any laws approved by the national congress; to direct and support the policy of economic and social integration, both national and international, aimed at improving the living conditions of the honduran people; to maintain, and eliminate public services and take such measures as may be necessary for the good operation thereof; to confer military ranks from second lieutenant to captain, inclusive; to safeguard that the armed forces are apolitical, essentially professional, and obedient, and non-deliberative; to issue and cancel naturalization papers authorized by the executive branch according to law; to award pensions, bonuses, and allowances according to law; to confer legal status on civil organizations according to law; to ensure harmony between capital and labor; to revise and fix the minimum wage according to law; to permit or deny, following authorization by the national congress, the transit through honduran territory of troops of another country; to permit, following authorization by the national congress, the departure of honduran troops to render services in foreign territory, in accordance with international treaties and conventions for operations for the maintenance of peace, and such other powers and duties as are conferred on him by the constitution and the laws. chapter vii. offices of the secretaries of the cabinet article 246 the secretaries of the cabinet are bodies of the general administration of the country and are directly dependent on the president of the republic. the law shall determine their number, organization, responsibilities, and functioning as well as the organization, responsibilities, and functioning of the council of ministers. article 247 the secretaries of the cabinet shall cooperate with the president of the republic in orienting, coordinating, directing and supervising the organs and agencies of the national public administration in their areas of jurisdiction. article 248 the decrees, regulations, directives, orders and executive acts of the president of the republic must be authorized by the secretaries of the cabinet in their respective areas of jurisdiction or by the deputy secretaries, as the case may be. if this requirement is not met, they shall not have legal force. the secretaries of the cabinet and the deputy secretaries shall be jointly responsible with the president of the republic for any acts they authorize. the ministers present shall be responsible for decisions taken in the council of ministers unless they have given grounds for their dissenting votes. article 249 no person may be secretary or deputy secretary unless he meets the requirements given in numbers 1), 3), and 4) of article 238 of this constitution and is also older than twenty-five years of age. the deputy secretaries shall replace the secretaries by operation of law. article 250 the following may not be secretaries or deputy secretaries of the cabinet: the relatives of the president of the republic, within the fourth degree of relationship by blood â�¨and the second degree of relationship by marriage; â�¨ persons who have administered or collected public securities until the solvency of their account has been settled; â�¨ delinquent debtors to the public treasury; â�¨ concession holders of the state, their agents or representatives for the exploitation of natural resources or contractors of any services and public works that are financed with state funds and who for those reasons have accounts pending with it. article 251 the national congress may summon the secretaries of the cabinet and these must answer any questions put to them concerning matters relating to public administration. article 252 the president of the republic convokes and presides over the council of ministers. all decisions of the council shall be taken by simple majority and, in the event of a tie, the president shall have a deciding vote. the council shall meet at the initiative of the president to take decisions on all matters he may deem to be of national importance and to consider such cases as are specified by law. the secretary of the cabinet in the office of the president shall act as secretary of the council. article 253 the holding of another public post is incompatible with the office of secretary of the cabinet except when the laws assign him other functions. the rules, prohibitions and penalties established in articles 203 and 204 are applicable to the secretaries of the cabinet where appropriate. article 254 the secretaries of the cabinet must submit annually to the national congress within the first fifteen days of its installation a report on the work done in their respective departments. article 255 the administrative acts of any organ of the state that are to have general legal effects shall be published in the official journal la gaceta and their validity shall be regulated in accordance with the provisions of this constitution for the coming into force of law. chapter viii. the civil service article 256 the civil service system regulates the employment and public service relations established between the state and its servants, based on the principles of competence, efficiency and honesty. personnel administration shall be subject to scientific methods based on the merit system. the state shall protect its servants within the administrative career. article 257 the law shall regulate the civil service and in particular conditions for entering the public administration; promotions and advancement based on merit and aptitude; job security, transfers, suspensions and guarantees; the duties of public servants and reviewability against decisions that affect them. article 258 both in the central government and in any of the decentralized agencies of the state, no person may hold at the same time two or more remunerated public offices except those rendering relief in medical care or educational services. no official, employee or public worker that receives a regular salary shall receive a per diem allowance for the provision of a service in performance of his duties. article 259 the provisions of this chapter shall apply to officials and employees of decentralized and municipal institutions. chapter ix. decentralized institutions article 260 decentralized institutions may be established only by special law, provided the following are guaranteed: greater efficiency in the administration of the national interests; the satisfaction of mass public service needs on a nonprofit basis; greater effectiveness in achieving the purposes of the public administration; economic and administrative justification of the cost of their operation, of the expected yield or benefit or, where appropriate, of the expected savings; exclusiveness of the field, so that their establishment does not entail duplication with other already existing organs of the public administration; the utilization and exploitation of property or resources belonging to the state; the participation of the state in those areas of economic activities that it considers necessary and advisable for achieving its purposes of social progress and general welfare, and the general legal regime of the decentralized institutions will be established by the means of the general law of public administration to be issued. article 261 to establish or suppress a decentralized agency, the national congress shall decide by the vote of two thirds of its members. prior to the issuance of laws relating to decentralized institutions, the national congress must seek the opinion of the executive branch. article 262 the decentralized institutions enjoy functional and administrative independence and for that purpose may issue such regulations as are necessary according to law. the decentralized institutions shall operate under the direction and supervision of the state and their chairmen, directors or managers shall be accountable for their activities. the law shall stipulate the necessary mechanisms for the control of decentralized institutions. article 263 the following may not be chairmen, general managers, or directors general of decentralized institutions: the spouses and the relatives of the president of the republic and presidential designates, within the fourth degree of relationship by blood or the second degree of relationship by marriage. article 264 the chairmen, directors general and managers of decentralized agencies of the state shall have a term of office of four years and their mode of appointment and removal shall be in accordance with the respective laws establishing them. article 265 officials who in any capacity exercise directive functions of decentralized agencies shall be officials of trust of the executive branch but the employment relations of the other employees of these institutions shall be regulated by the legal regime applicable to workers in general. the methods, content and scope of these regimes shall be governed by the pertinent laws, regulations and collective agreements. article 266 the decentralized institutions shall submit to the central government the plan of operations for the fiscal year concerned, accompanied by a narrative and analytical report of each of the basic specific activities to be carried out, together with a comprehensive budget for the execution of the plan concerned. the secretary of the cabinet in the department of finance and the technical secretary of planning and external cooperation shall separately prepare opinions for the purpose of determining the consistency of such documents with the approved development plans. once they are approved by the president of the republic, the opinions shall be sent to the decentralized institutions concerned. the governing bodies of the decentralized institutions shall not approve the plan or the annual budget until the changes proposed in the opinion concerned have been incorporated into them. article 267 the decentralized agencies of the state shall send to the legislative branch within the first fifteen days of the month of september each year, the respective annual itemized preliminary draft budgets for approval. article 268 the decentralized institutions must submit to the central government a detailed report on the net results of the financial activities of their prior fiscal year. likewise, they must submit a report on the physical and financial progress of all the programs and projects being executed. the secretary of the cabinet in the department of finance and the technical secretary of planning and external cooperation shall evaluate the results of the work of each decentralized agency and shall make such observations and recommendations as they deem pertinent. article 269 the executive branch may, through the corresponding channel, dispose of the net profits of the decentralized institutions that carry on economic activities, when they do not affect the development of those institutions or the execution of their priority programs or projects. article 270 the law shall specify the contracts that must be submitted to public bidding by decentralized institutions. article 271 any substantial change in the plan of operations and the budget of a decentralized institution shall previously require a favorable opinion from the technical secretary of planning and external cooperation and from the secretary of the cabinet in the department of finance. chapter x. the national defense article 272 the armed forces of honduras are a permanent, essentially professional, apolitical, obedient and non-deliberative national institution. they are established to defend the territorial integrity and sovereignty of the republic, to maintain peace, the rule of the constitution, the principles of free suffrage and alternation in the exercise of the office of the president of the republic. they shall cooperate with the national police in the conservation of the public order. in order to guarantee the free exercise of suffrage, the custody, transportation, and guarding of the electoral materials, and other aspects of the security of the process, the president of the republic shall put the armed forces at the disposition of the supreme elections tribunal beginning one month before the elections until the declaration of the result of the same. article 273 the armed forces shall comprise the high command, army, air force, navy, and the agencies determined by the law establishing them. article 274 the armed forces shall be subject to the provisions of the law establishing them and of the other laws and regulations governing their operation. they shall cooperate with the secretaries of the cabinet and other institutions at the order of the same in the tasks of literacy training, education, agriculture, protection of the environment, highways, communications, health, and agrarian reform. they shall participate in international peace missions, based on international treaties and shall lend logistical support of technical assistance in communications and transportation, fighting against drug trafficking, and shall collaborate with personnel and means to face natural disasters and emergency situations that affect people and property as well as in programs of protection and conservation of the ecosystem, academic education and technical training of their members and others of national interest. they shall also cooperate with public security institutions at the request of the secretary of the cabinet in the department of security to combat terrorism, trafficking of arms and organized crime, as well as in the protection of the powers of the state and the supreme elections tribunal, at the request of the same, in their installation and operation. article 275 a special law shall regulate the operation of the military courts. article 276 citizens between the age of eighteen and thirty shall lend military service in a voluntary form in times of peace, under the form of an educative, social, humanistic and democratic system. the state has the ability to use the draft in accordance with the law of military service. in the event of an international war, all hondurans capable of defending and rendering service to the nation shall be soldiers. article 277 the president of the republic shall exercise the direct command of the armed forces in his character as commander-in-chief in accordance with this constitution, the law establishing the armed forces and the other applicable laws. article 278 orders given by the president of the republic must be obeyed and executed with adherence to the constitution of the republic and to the principles of legality, discipline, and military professionalism. article 279 the secretary of the cabinet in the department of national defense shall be the citizen who possesses the requirements given by this constitution and the other laws; the chief of the joint superior council of the armed forces shall be a general or superior officer, with the grade of colonel of the army or its equivalent, in active service with merits and leadership, honduran by birth, and shall possess the requirements determined by law. a relative of the president of the republic or of his legal substitutes within the fourth degree of relationship by blood or the second by marriage may not be the chief of the joint superior council of the armed forces. article 280 the secretary of the cabinet in the department of national defense shall be appointed or removed freely by the president of the republic. in equal manner, shall be the chief of the joint superior council of the armed forces, who shall be selected by the president of the republic, between the members that form the board of commanders of the armed forces in accordance with that established by the hierarchy of officers, prescribed in the law that establishes the armed forces. article 281 in the event of temporary absence of the chief of the joint superior council of the armed forces, the deputy chief shall perform his duties, and if the deputy chief is also absent or the office is vacant, the general officer or superior chosen by the president of the republic from the remaining members of the board of commanders shall perform his duties provisionally. in the absence of all of the above, the general officer or superior with the grade of colonel of the army or its equivalent, shall be chosen by the president. in the case of the permanent absence of the chief of the joint superior council of the armed forces, the president of the republic shall make the respective appointments in the terms provided in articles 279 and 280 of this constitution. while the appointment of the chief of the joint superior council of the armed forces takes place, the officer of the armed forces who is performing his duties shall fill the vacancy. article 282 the appointments and removals of personnel from the armed forces, in the administrative area shall be made in accordance with the law of public administration. in the operational area, the appointments and removals shall be made by the chief of the joint superior council of the armed forces, in accordance with the organic structure of the armed forces, in accordance with its establishing law, and the other legal provisions in force, including the personnel of troops and aids. article 283 the joint superior council of the armed forces is the superior technical body of counsel, planning, coordination and supervision, dependent on the secretary of the cabinet in the department of national defense and shall have the functions assigned by the law establishing the armed forced. article 284 the territory of the republic shall be divided into military regions for reasons of defense and national security and each shall be in the charge of a chief of military region. its organization and operation shall be in accordance with the provided in the law establishing the armed forces. article 285 the board of commanders of the armed forces is the consultative organ in all matters relating to that institution. it shall act as the decision-making organ in matters within its jurisdiction and as the superior court of the armed forces in matters submitted to its cognizance. the law establishing the armed forces and their regulation shall regulate its operation. article 286 the board of commanders of the armed forces shall be formed by the chief of the joint superior council, who shall preside over it, the deputy chief of the joint superior council, the inspector general and the commanders of force. article 287 the national council on defense and security is hereby created; a special law shall regulate its organization and operation. article 288 candidates to be officers in the armed forces shall be educated at a higher level in military training centers. training centers shall be organized for the arms and services in accordance with the needs of the institution. technical schools for training shall also be organized in accordance with the motivation of voluntary, educational, social, humanistic, and democratic military service. article 289 the national defense college is established as the highest seat of learning of the armed forces, responsible for the training of select military and civilian personnel so that they may participate jointly in the national strategic planning in the political, economic, social and military fields. article 290 military ranks are acquired only by strict promotion in accordance with the respective law. military personnel may not be deprived of their ranks, honors or pensions except as provided for by law. promotions from second lieutenant to captain, inclusive, shall be conferred by the president of the republic on the proposal of the secretary of the cabinet in the department of national defense; promotions from major to general of division, inclusive, shall be conferred by the national congress on the proposal of the executive branch. the joint supreme council of the armed forces shall issue an opinion prior to conferring promotions of officers. article 291 for the protection, welfare and security of all the members of the armed forces, the institute of military welfare, a body that shall be headed by the chief of the joint supreme council and in accordance with the previsions of the law of the institute of military welfare shall operate. article 292 the manufacture, import, distribution and sale of arms, ammunition and similar articles is reserved as an exclusive right of the armed forces. article 293 the national police is a permanent professional institution of the state, apolitical in the partisan sense, of a permanent civil nature, charged with safeguarding the preservation of the public order, prevention, control, and fighting crime, protecting the safety of people and their property; to execute the resolutions, provisions, orders, and legal decisions of the authorities and public officials, all with strict respect for human rights. the national police shall be ruled by special legislation. chapter xi. the departmental and municipal system article 294 the national territory shall be divided into departments. their establishment and boundaries shall be determined by the national congress. the departments shall be divided into autonomous municipalities administered by corporations elected by the people, according to law. without prejudice to that established in the previous paragraphs, the national congress may create zones subject to special regimes in accordance with article 329 of this constitution. article 295 the central district consists of a single municipality made up of the former municipalities of tegucigalpa and comayaguela. article 296 the law shall establish the organization and operation of the municipalities and the requirements for being a municipal official or employee. article 297 the municipalities shall freely appoint the employees under their authority including the police officers paid with their own funds. article 298 in the performance of their exclusive functions and provided they are not contrary to the law, the municipal corporations shall be independent of the state powers and shall be accountable to the courts of justice for abuses committed individually or collectively, without prejudice to administrative liability. article 299 the economic and social development of the municipalities must form part of the national development programs. article 300 every municipality shall have sufficient communal land (tierras ejidales) to ensure its existence and normal development. article 301 taxes and contributions levied on income derived from investments made in the respective municipality, as well as the participation incumbent upon it for the exploitation or processing of the natural resources located in its municipal jurisdiction, shall be paid into the municipal treasury, except where reasons of national expediency require them to be used for other purposes. article 302 for the exclusive purposes of ensuring the improvement and development of the communities, citizens shall be entitled to freely associate themselves in civic associations, to establish federations or confederations. the law shall regulate this entitlement. chapter xii. the judicial branch article 303 the power to dispense justice emanates from the people and is administered free of charge on behalf of the state by independent justices and judges, subject only to the constitution and the laws. the judicial branch consists of a supreme court of justice, the courts of appeals, the courts, by tribunals with exclusive competence in zones of the country subject to special regimes created by the constitution of the republic and additional offices specified by law. no trial shall have more than two instances, the judge or justice that has exercised jurisdiction in one of them may not hear the other, nor in the appeal of the same matter, without incurring liability. they also may not judge in the case of spouses and relatives within the fourth degree through blood relation or the second through marriage. article 304 it is the responsibility of the judicial bodies to apply the laws to specific cases, to judge and execute the judgment. they may never create exceptional judicial bodies. this provision has an exception for the judicial courts of the special development regions. the judges of these courts shall be appointed by the national congress by a majority of two thirds of the total membership, at the proposal of the authorities of the administration of the special development region in question. article 305 once their intervention has been requested legally and in matters of their competence, judges and justices may not avoid judging under the pretext of silence or unclearness of the laws. article 306 the judicial bodies shall require, in necessary cases, the aid of the public forces for the fulfillment of their orders; if this is denied or it is not available, they may demand it of the citizens. he who without justification refuses to give aid shall incur liability. article 307 the law, without lessening the independence of the judges and justices, shall dispose that which is necessary to ensure the correct and normal functioning of the judicial bodies, providing efficient means to attend to their functional and administrative needs, as well as the organization of their auxiliary services. article 308 the supreme court of justice is the highest judicial body, its jurisdiction encompasses the entire territory of the state and it has its seat in the capital, but may change it temporarily when it so determines, to any other part of the territory. the supreme court of justice shall be composed of fifteen justices. its decisions shall be made by the majority of its full membership. article 309 in order to be a justice of the supreme court of justice, one is required: to be honduran by birth. to be a citizen in the enjoyment and exercise of his rights. to be an attorney-notary duly registered. to be over thirty-five years of age, and to have presided over a judicial body for five years, or to have exercised the profession for ten years. article 310 justices of the supreme court of justice may not be elected who: have any of the disqualifiers to be a secretary of the cabinet, and the spouses and relatives of others to the fourth degree of relation by blood or to the second by marriage. article 311 the justices of the supreme court of justice shall be elected by the national congress, with the favorable vote of two thirds of its total membership, from a nominee pool of candidates of no less than three for each one of the justices to be elected. once the proposal with the totality of the justices has been presented, it shall proceed to election. if it does not receive the majority required for the election of the complete nomination of justices, direct and secret voting shall take effect to individually elect the justices that are lacking, as many times as necessary, until achieving the favorable vote of two thirds. justices shall be elected from a nominee pool of candidates proposed by a nominating board, which shall be formed in the following manner: a representative of the supreme court of justice elected by the favorable vote of two thirds of the justices. a representative of the college of lawyers of honduras, elected in assembly the national commissioner of human rights a representative of the honduran council of private enterprise (cohep), elected in assembly; a representative of the faculty of professors of the school of judicial sciences, whose proposal shall take effect through the national autonomous university of honduras a representative elected by the organizations of civil society, and a representative of the confederations of workers. a law shall regulate the organization and operation of the nominating board. article 312 the organizations that form the nominating boards shall be convoked by the president of the national congress, no later than the 31st of october of the year prior to the election of the justices, and he must submit his proposal to the permanent committee of the national congress on the 23rd of january at the latest, in order to hold the election on the 25th of january. if once the nominating board has been convoked it does not make proposals, the national congress shall proceed to the election through a majority characterized by its full membership. article 313 the supreme court of justice shall have the following duties and powers: to direct the judicial branch in the power of imparting justice. to take cognizance of trials initiated against the highest officials of state and the representatives to take cognizance in the second instance of matters that the appellate courts have taken cognizance of in the first instance. to take cognizance of cases of extradition and others that must be judged in accordance with international law to take cognizance of writs of habeas corpus, habeas data, cassation, amparo, review, and unconstitutionality in accordance with the constitution and the law to authorize the exercise of the notary for those who have obtained the title of lawyer. to take cognizance at first instance of the preliminary trial against the justices of the appellate courts to issue its internal regulations and others that are necessary for the fulfillment of its functions any others conferred upon it by the constitution and the law to elaborate the project of budgeting of the judicial branch jointly with the council of the judiciary and judicial career, and to send it to the president of the national congress. to fix the judicial division of the territory to create, abolish, combine, or transfer the courts, appellate courts, and other dependencies with prior favorable judgment of the council of the judiciary and the judicial career. article 314 the term of the justice of the supreme court of justice shall be seven years beginning at the date on which they take oath, and they may be re-elected. in the case of death, disability that impedes the exercise of office, substitution for legal reasons or resignation, the justice that fills the vacancy shall occupy the office for the rest of the term and shall be elected by the national congress through the favorable vote of two thirds of the total membership. the substitute shall be elected from the remaining candidates proposed by the nominating board at the beginning of the term. article 315 the supreme court of justice shall fulfill its constitutional and legal functions under the presidency of one of its justices. to choose the president of the court, the justices elected by the national congress, all meeting together, shall select no later than twenty-four hours after their election and by the favorable vote of two thirds of their members, the justice whose name shall be proposed to the national congress of the republic for his election to that position. this election shall be held in the same way with the vote of two thirds of the total membership of the national congress. the president of the supreme court of justice shall hold his office for a period of seven years and may be re-elected. the president of the supreme court of justice shall exercise representation of the judicial branch and in this character shall act in accordance with the decisions made by the full court. article 316 the supreme court of justice is organized in chambers, one of which is the constitutional, formed by five justices. when the decisions of the chambers are pronounced by unanimity of votes, they must be put forth in the name of the supreme court of justice and have decisive character. when there is not unanimity in making the decision on the matter, the justices who have participated in the chamber may not be included in the full court. the constitutional chamber has the following powers and duties: to take cognizance of, in accordance with this constitution and the law, of writs of habeas corpus or personal appearance, habeas data, amparo, unconstitutionality, and review, and to resolve conflicts between the powers of state, including the supreme elections tribunal, as well as between the other entities and bodies indicated by law. the decisions in which unconstitutionality of a law is declared are of immediate execution and have general effect, and abrogate the unconstitutional law, and must be communicated to the national congress, which shall make it published in the official journal la gaceta. the regulations shall establish the organization and operation of the chambers. article 317 the council of the judiciary and the judicial career are hereby created, whose members, organization, domain, and powers and duties shall be the subject of a law, which shall be approved by two thirds of the favorable vote of the full membership of the representatives of the national congress. the judges and justices may not be dismissed, suspended, transferred, demoted, nor retired unless with cause and with the guarantees provided for in the law. the term of the members of the council of the judiciary and the judicial career shall be five years and they may be re-elected for one additional term, and must give their service full-time and exclusively. there shall be an exception for the members of the council who are part of the supreme court of justice who shall act during the period for which they were elected. the law shall determine its organization, domain, and responsibilities and powers. article 318 the judicial branch shall enjoy complete administrative and financial autonomy. in the general budget of revenues and expenditures of the republic it shall have an annual allocation of no less than three percent of the current revenues. the executive branch shall approve, quarterly and in advance, the appropriate budgetary line items. article 319 the judges and justices shall lend their services exclusively to the judicial branch. consequently, they may not exercise the profession of law independently, nor give counsel or legal assistance to any person. this prohibition does not encompass the fulfillment of teaching roles nor of ad-hoc diplomatic functions. the judicial officials and the auxiliary personnel of the judicial branch, or the judicial and administrative areas may not participate for any reason in partisan activities of any kind, except to cast their personal votes. they also may not unionize or declare themselves to be on strike. article 320 in the case of the incompatibility between a constitutional law and an ordinary legal one, the former shall be applied. chapter xiii. the liability of the state and of its servants article 321 the servants of the state shall have no powers other than those expressly conferred on them by law. any act they execute outside the law is null and void and entails liability. article 322 on taking up his post all public officials shall take the following legal oath: "i promise to be faithful to the republic, to comply with and enforce the constitution and laws." article 323 the officials are the repositories of authority, legally responsible for their official conduct, subject to the law and never above it. no official or employee, civil or military, is required to fulfill unlawful orders or orders that entail the commission of an offense. article 324 if in the performance of his duties a public servant infringes the law to the detriment of private individuals, he shall be civilly and jointly liable together with the state and the state institution in whose service he is working, without prejudice to the recovery action that these may institute against the servant responsible, in cases of negligence or fraud. civil liability does not exclude the institution of administrative and penal liability proceedings against the offender. article 325 civil liability proceedings against servants of the state prescribe in a period of ten years; penal liability proceedings, in twice the time indicated by the penal law. in both cases, the period of prescription shall run from the date on which the public servant has ceased to perform the duties of the post in which he became liable. there is no period of limitation in cases in which the death of one or more persons was caused by willful act or omission and for political reasons. article 326 the action to prosecute violators of the rights or guarantees established in this constitution may be instituted by any person without bond or any formality and by simple denunciation. article 327 the law shall regulate the civil liability of the state, as well as the joint civil, penal and administrative liability of servants of the state. title vi. the economic regime chapter i. the economic system article 328 the economic system of honduras is based on the principles of efficiency in production and social justice in the distribution of wealth and national income, as well as on the harmonious coexistence of the factors of production that make it possible to dignify labor as the principal source of wealth and as a means of fulfillment of the human being. article 329 the state promotes economic and social development, which must be subject to strategic planning. the law shall regulate the system and process of planning with the participation of the state powers, and political, economic and social organizations shall be duly represented. in order to realize the function of promoting the economic and social development and complementing the actions of the other agents of this development, the state, with vision of medium and long terms shall in concert with honduran society design a plan satisfying the exact objectives and the means and mechanisms to achieve them. plans of development of the medium and long terms shall include strategic policies and programs that guarantee the continuity of their execution from their conception and approval until their conclusion. the national plan, plans for comprehensive development, and the programs incorporated in them must be fulfilled by successive governments. zones of employment and economic development: the state may establish zones of the country subject to special regimes which shall have juridical personality, and are subject to a special fiscal regime and may incur obligations which do not require the guarantee or collateral of the state in solidarity, and may create contracts until the fulfillment of their timely objectives and during various governments. they shall enjoy functional and administrative autonomy that shall include the functions, abilities, and obligations that the constitution and the laws confer on the municipalities. the creation of a zone subject to a special regime is the exclusive power of the national congress, by a qualified majority, given an approving plebiscite by two thirds in accordance with that established in article five of the constitution. this requirement is not necessary for special regimes created in zones of low population density. a zone of low population density means those in which the number of permanent inhabitants per square kilometer is less than the average for rural zones calculated by the national institute of statistics, which shall issue the corresponding ruling. the national congress, upon approving the creation of zones subject to special regimes must guarantee that where appropriate there is respect for the ruling issued by the international court of justice of the hague on the 11th of september, 1992 and that provided in articles 10, 11, 12, 13, 15, and 19 of the constitution of the republic regarding the territory. the zones are subject to the national legislation in all topics related to sovereignty, application of justice, national defense, foreign relations, electoral matters, and issuance of identification documents and passports. the gulf of fonseca must be subject to a special regime in accordance with international law, and that established in constitutional article 10 and this article. the honduran coasts of the gulf and the caribbean sea remain subject to the same constitutional provisions. for the creation and operation of these zones the national congress must approve an organic law, which may only be modified, reformed, interpreted or revoked by a favorable two thirds of the members of the national congress. the celebration of a referendum or plebiscite by the people who inhabit the zone subject to the special regime is also necessary when its population is greater than one hundred thousand inhabitants. the organic law shall expressly establish the applicable regulations. the authorities of the zones subject to special regimes have the obligation of adopting the best national and international practices to guarantee the existence and permanence of the social, economic, and legal environment adequate in order to be competitive at the international level. in order to solve conflicts within the zones of the country subject to special regimes, the judicial branch through the council of the judiciary must create tribunals with exclusive and autonomous competency over them. the judges of the zones subject to special jurisdiction shall be proposed by the special zones before the council of the judiciary, who shall appoint judges given prior competition of a proposed list from a special commission formed in the manner described in the organic law of those regimes. the law may establish obligatory subjection to arbitration for the solution of conflicts of natural or juridical persons that live within the areas included in those regimes for certain matters. the tribunals of the zones subject to a special judicial regime may adopt judicial systems or traditions from other parts of the world as long as they guarantee equal or better constitutional principles of protection of human rights and have prior approval of the national council. article 330 the national economy is based on the democratic and harmonious coexistence of various forms of ownership and enterprise. article 331 the state recognizes, guarantees and promotes freedom of consumption, savings, investment, employment, initiative, commerce, industry, contract, business and any others that flow from the principles that underlie this constitution. however, the exercise of these freedoms may not be contrary to the social interest nor harmful to morals, health, or public security. article 332 the practice of economic activities primarily belongs to individuals. however, the state, for reasons of public order or social interest, may reserve to itself the operation of specified basic industries, ventures, and services affected by a public interest and issue economic, fiscal and public security measures and laws to channel, stimulate, supervise, orient and supplement private initiative on the basis of a rational and planned economic policy. article 333 the basis of the intervention of the state in the economy shall be the public and social interest, and its limits shall be rights and liberties recognized by this constitution. article 334 commercial companies shall be subject to the control and supervision of an office of the superintendent of companies, whose organization and operation shall be determined by law. cooperatives shall be answerable to the agency and in the form and to the extent established by the pertinent laws. article 335 the state shall order its external economic relations on the basis of fair international cooperation, central american economic integration, and respect for the treaties and agreements it signs, insofar as they are not opposed to the national interest. article 336 foreign investment shall be authorized, registered and supervised by the state. it shall supplement and never substitute for national investment. foreign enterprises shall be subject to the laws of the republic. article 337 small-scale industry and commerce is the patrimony of honduran nationals and its protection shall be the subject matter of a law. article 338 the law shall regulate and promote the organization of cooperatives of all kinds, without the basic economic and social principles of this constitution being altered or eluded. article 339 monopolies, monopsonies, oligopolies, hoarding and similar practices in industrial and commercial activity are prohibited. the temporary privileges granted to inventors, discoverers or authors as the rights of scientific, literary, artistic or commercial property, patents of invention or trademarks are not considered private monopolies. article 340 the technical and rational exploitation of the natural resources of the nation is declared to be of public utility and need. the state shall regulate their development in accordance with the social interest and shall establish the conditions for their grant to individuals. the reforestation of the country and the conservation of forests are declared to be of national importance and collective interest. article 341 the law may establish restrictions, terms or prohibitions for the acquisition, transfer, use and enjoyment of state and municipal property, for reasons of public order, social interest or national expediency. chapter ii. currency and banking article 342 the issue of currency is the exclusive power of the state, which shall exercise it through the central bank of honduras. the banking, currency and credit regime shall be regulated by law. the state, through the central bank of honduras, shall be responsible for the formulation and development of the monetary, credit and exchange policy of the country, duly coordinated with the planned economic policy. article 343 the central bank of honduras shall regulate and approve the granting of loans, discounts, guarantees and other credit operations; commissions, allowances or bonuses of any kind that banking, financing, or insurance institutions grant to shareholders that hold a majority interest, directors, and officers. in addition, it shall regulate and approve the granting of loans, discounts, guarantees and other credit operations to companies in which the shareholders hold a majority interest. any violation of the provisions of this article shall be punished in accordance with such regulations as the central bank may issue, without prejudice to any civil or penal liability proceedings resulting therefrom. chapter iii. agrarian reform article 344 agrarian reform is a comprehensive process and an instrument for the transformation of the agrarian structure of the country, aimed at replacing the latifundio and minifundio with a system of ownership, tenure, and use of the land that guarantees social justice in rural areas and increases the production and productivity of the agricultural sector. the implementation of agrarian reform is declared to be of public need and interest. article 345 agrarian reform is an essential part of the overall development strategy of the nation and therefore any other economic and social policies that the government may approve shall be formulated and executed in harmony with it, especially those related, inter alia, to education, housing, employment, infrastructure, marketing and technical and credit assistance. agrarian reform shall be implemented in such a way as to ensure the effective participation of agricultural workers on an equal footing with other sectors of production, in the process of economic, social and political development of the nation. article 346 it is the duty of the state to adopt measures to protect the rights and interests of the indigenous communities in the country, especially of the lands and forests in which they are settled. article 347 agricultural production must be preferably aimed at satisfying the food requirements of the honduran population, within the framework of a policy of adequate supply and fair prices for the producer and the consumer. article 348 the agrarian reform plans of the national agrarian institute and the other decisions of the state in agrarian matters shall be formulated and implemented with the effective participation of legally recognized organizations of agricultural workers, farmers, and stock-raisers. article 349 the expropriation of property for the purpose of agrarian reform or for developing and improving communities, or for any other purposes of national interest determined by the law, shall be carried out on the basis of just compensation by cash payments and, where appropriate, agrarian debt bonds. these bonds shall be compulsorily acceptable, shall enjoy sufficient guarantees by the state, and shall have such nominal values, redemption periods, interest rates and other requirements as the agrarian reform law may determine. article 350 the property that may be expropriated for the purposes of agrarian reform or the development and improvement of communities are exclusively rural holdings and the useful and necessary improvements attached to them whose severance may be detrimental to the economic production unit. chapter iv. financial regime article 351 the tax system shall be governed by the principles of legality, proportionality, generality and equity, in accordance with the economic capacity of the taxpayer. chapter v. public wealth article 352 the public wealth comprises: all movable and immovable properties of the state; all its active credits, and its net available funds. article 353 the financial obligations of the state are: debts legally incurred for current expenditures or investment outlays originating in the execution of the general budget of revenues and expenditures, and other debts legally recognized by the state. article 354 fiscal or public properties may be awarded or transferred only to the persons and in the manner and under the conditions determined by law. the state reserves itself the power to establish or modify the demarcation of zones for the control and protection of natural resources in the national territory. article 355 the administration of public funds is the responsibility of the executive branch. for the collection, custody and expenditure of these funds, there shall be a general treasury service. however, the executive branch may delegate the functions of collector and depository to the central bank. in addition, the law may establish special disbursement services. article 356 the state guarantees the payment of the public debt incurred only by constitutional governments, in accordance with this constitution and laws. any rule or act that violates the provisions of this article shall entail the civil, penal and administrative liability of the offenders, for which there shall be no period of limitation. article 357 the authorizations of external or internal indebtedness of the central government, decentralized agencies and municipal governments, which include state guarantees or endorsements, shall be regulated by law. article 358 local governments may undertake domestic credit operations under their exclusive responsibility, but they shall require the authorizations specified by special laws. article 359 public taxation, expenditure and indebtedness shall remain proportionate to the gross domestic product, according to law. article 360 the contracts which the state enters into for the construction of public works, procurement of supplies and services, purchase or rental of goods, must be executed following a public bidding, competition or auction, according to law. the foregoing provision shall not apply to contracts whose purpose is to meet the needs arising from a state of emergency and those which by their nature can be entered into only with a specified person. chapter vi. budget article 361 the financial resources of the state are: revenues received from taxes, fees, contributions, royalties, grants or under any other heading; â�¨ revenues derived from state enterprises, mixed capital enterprises, or those in which the state has an equity participation, and â�¨ special revenue derived from public credit or any other sources. article 362 all fiscal revenues and expenditures shall appear in the general budget of the republic, which shall be voted annually in accordance with planned economic policy and with the annual plans of operations approved by the government. article 363 all regular fiscal revenues shall constitute a single fund. no earmarked revenue may be created. nevertheless, the law may earmark revenue for the service of the public debt and order that the proceeds of specified taxes and general contributions be divided between the national treasury and the treasury of the municipalities in predetermined proportions or amounts. in addition, the law may, in accordance with the planned policy, authorize specified state enterprises or mixed economy enterprises to collect, administer, or invest financial resources derived from the performance of the economic activities incumbent upon them. article 364 no commitment may be made and no payment may be effected that exceeds the appropriations voted in the budget or violates the budgetary rules. the offenders shall be civilly, criminally and administratively liable. article 365 the executive branch, under its responsibility and provided the national congress is not in session, may incur loans, change the purpose of an authorized item, or open additional credits for satisfying urgent or unforeseen needs in the event of war, internal disturbance or public disaster, or for meeting international commitments, all of which are to be accounted for in detail to the national congress at the subsequent legislative session. the same procedure shall be followed in the case of obligations of the state arising from final judgments for the payment of employment benefits when no budgetary item exists or when such item has been exhausted. article 366 the budget shall be voted by the legislative branch on the basis of the proposal submitted by the executive branch. article 367 the proposed budget shall be submitted by the executive branch to the national congress within the first fifteen days of the month of september of each year. article 368 the organic budget law shall stipulate all matters relating to the preparation, calculation, execution and liquidation of the budget. when the budget for a new fiscal year has not been voted at the end of the fiscal year, the one corresponding to the previous period shall continue in effect. article 369 the law shall determine the organization and operation of the general supply office of the republic. article 370 repealed. article 371 the preventive inspection of the execution of the general budget of revenues and expenditures of the republic shall be the responsibility of the executive branch, which must in particular: check the collection and supervise the custody, commitment and outlay of public funds, and approve all expenditures of public funds, in accordance with the budget. the law shall establish the procedures and scope of this inspection. article 372 the preventive inspection of decentralized institutions and municipalities shall be carried out in accordance with the provisions of the respective laws. title vii. amendment and inviolability of the constitution chapter i. amendment of the constitution article 373 the amendment of this constitution may be decreed by the national congress, in regular session, with two thirds of the votes of all its members. the decree shall specify for that purpose the article or articles that are to be amended, which must be ratified by the subsequent regular legislative session, by the same number of votes, in order to take effect. article 374 the foregoing article, this article, the articles of the constitution relating to the form of government, national territory, the presidential term, the prohibition from reelection to the presidency of the republic, the citizen who has served as president under any title, and that referring to persons who may not be president of the republic for the subsequent period may not be amended in any case. chapter ii. the inviolability of the constitution article 375 this constitution does not cease to be in effect nor does it cease to be in force by act of force or when it is allegedly repealed or amended by any means or procedure other than that which it itself provides. in these cases, every citizen, whether or not invested with authority, has the duty to cooperate in maintaining or reestablishing its effectiveness. persons responsible for the events specified in the first part of the foregoing paragraph, as well as the principal officials of governments that may subsequently be organized, shall be tried in accordance with this constitution and the laws issued in conformity therewith, if they have not assisted in immediately reestablishing the rule of this constitution and the authorities constituted in accordance therewith. the congress may, by a vote of an absolute majority of its members, decree the forfeiture of all or part of the property of those same persons and of others who have enriched themselves by supplanting the sovereignty of the people or by usurping the public powers, to compensate the republic for any losses incurred on account of them. title viii. transitory provisions and the entry into force of the constitution chapter i. transitory provisions article 376 all laws, decree-laws, decrees, regulations, orders and other provisions that were in effect at the time this constitution was promulgated shall continue to be observed insofar as they are not in conflict with it or until they have been legally repealed or amended. article 377 repealed. article 378 the constitution issued by the constituent national assembly on the third day of june, one thousand nine hundred and seventy-five, is repealed by this constitution. chapter ii. the entry into force of the constitution article 379 this constitution shall be sworn in a public and solemn session and shall enter into force on the twentieth day of january nineteen hundred and eighty-two. given in the hall of sessions of the national constituent assembly, in the city of tegucigalpa, central district, on the eleventh day of january, one thousand nine hundred and eighty-two. preamble invoking the name of god we, the representatives of the people of guatemala, elected freely and democratically, gathered in [the] national constituent assembly, with the goal of legally and politically organizing the state; affirming the primacy of the human person as [the] subject and purpose [fin] of the social order; recognizing the family as the primary and fundamental genesis of the spiritual and moral values of the society and the state, as [the one] responsible for promoting the common good, of the consolidation of the regime of legality, security, justice, equality, freedom and peace; inspired by the ideals of our forefathers and embracing [recogiendo] our traditions and cultural heritage; decided to promote the complete validity [vigencia] of the human rights within a stable, permanent, and popular institutional order, [one] where the governed and the governors [can] proceed with absolute attachment to the law; solemnly decree, sanction, and promulgate the following: political constitution of the republic of guatemala title i. the human person, objectives and duties of the state sole chapter article 1. protection of the person the state of guatemala is organized to protect the person and the family; its supreme objective is the realization of the common good. article 2. duties of the state it is the duty of the state to guarantee to the inhabitants of the republic the life, the freedom, the justice, the security, the peace, and the integral development of the person. title ii. human rights chapter i. individual rights article 3. [the] right to life the state guarantees and protects the human life from its conception, as well as the integrity and security of the person. article 4. freedom and equality in guatemala[,] all [of the] human beings are free and equal in dignity and rights. the man and the woman, whatever their civil status may be, have equal opportunities and responsibilities. no person can be subject to servitude or to another condition that diminishes his or her dignity. the human beings must exercise [guardar] brotherly behavior among them. article 5. [the] freedom of action all persons have the right to do what the law does not prohibit; [the persons] are not obligated to obey orders that are not based in law or issued in accordance to it. neither may they be persecuted or harassed for their opinions or for acts that do not imply an infraction of it. article 6. legal detention no person may be arrested or detained, except for cause of [a] crime or [a] offense [falta] and by virtue of a order issued in accordance to the law [and] by a competent judicial authority. the cases of flagrant crime or offense are excepted. the detained [person] will be placed at the provision of the competent judicial authority within a time limit not exceeding six hours, and may not be subject to any other authority. the functionary, or agent of the authority who infringes what is established in this article will be sanctioned according to the law, and the tribunals, of office, will initiate the corresponding process. article 7. notification of the cause of detention any person [who is] detained must be notified immediately, in a verbal or written form, of the cause that motivated his [or her] detention, [the] authority which ordered it and the place where he [or she] will remain. the same notification must be made through the most rapid means to the person designated by the detained [person] and the authority will be responsible for the effectiveness of the notification. article 8. rights of the detained all detained [persons] must be informed immediately of their rights in a form that will be understandable, especially [of the right] to use a defender [defensor], who may be present at all police and judicial diligences. the detained [person] cannot be obligated to testify except before a competent judicial authority. article 9. interrogation [interrogatorio] of those detained or imprisoned the judicial authorities are the only ones competent to interrogate those [who are] detained or imprisoned. this diligence must be practiced within a time that does not exceed twenty-four hours. extrajudicial questioning lacks any probatory value. article 10. legal detention center the persons apprehended by the authority may not be taken to places of detention, arrest, or imprisonment different from those which are legally and publicly designated to that effect. the provisional centers of detention, arrest, or imprisonment, shall be different from those where the sentences [condenas] are to be fulfilled. the authorities and their agents, who violate what is established in this article, will be personally responsible. article 11. detention for faults [faltas] or infractions the persons whose identities can be established by means of documents, [through] the testimony of witnesses of substance [de persona de arraigo], or by [its] own authority, may not remain detained for faults or infractions. in such cases, under the penalty of the corresponding sanction, the authority will limit its duty [cometido] to report the evidence to the competent judge and to warn the offender, as to appear before the same within the subsequent 48 business [hábiles] hours. to that effect, all of the days of the year, and within the hours comprehended between eight and eighteen hours[,] are business [hours]. whoever disobeys the summons [emplazamiento] will be sanctioned according to the law. the person who may not be identified according to what is established in this article, will be placed at the provision of the nearest judicial authority, within the first hour following his [or her] detention. article 12. right to defense the defense of the person and his [or her] rights are inviolable. no one may be sentenced or deprived from his [or her] rights, without being summoned, heard and defeated in a legal process before a competent and pre-established judge and tribunal. no person may be tried by special or secret tribunals, nor through proceedings that are not pre-established legally. article 13. motives for a order [auto] of imprisonment a order of imprisonment may not be dictated, without previous information of a crime having been committed and without the concurrence [of] sufficient rational motives to believe that the detained person has committed it or [has] participated in it. the police authorities may not present[,] of office, before the media of social communication, any person who has not been previously investigated [indagada] by a competent tribunal. article 14. presumption of innocence and publicity of the process any person is innocent, while not being judicially declared responsible, in a duly executory sentence. the detained, the offended, the public ministry and the attorneys who have been designated by the interested [persons], in a verbal or written form, have the right to take cognizance of, personally, all the actions, documents, and penal diligences without any reservation and in an immediate form. article 15. non-retroactivity of the law the law does not have retroactive effect, except in penal matters when it favors the defendant [reo]. article 16. declaration against oneself and [against] relatives in a penal process, no person can be obligated to testify against oneself, against his [or her] spouse or person of legal union, or against relatives within the levels [grados] of law. article 17. there is no offense or penalty without a prior law the actions or omissions that are not qualified as crimes or faults and that [are] punishable [penadas] by a law [that is] prior to their perpetration[,] are not punishable. there is no prison for debt. article 18. death penalty the death penalty may not be imposed in the following cases: with basis on presumptions; on women; on those older than sixty years of age; on those convicted of political and common crimes connected with political [ones]; and on [those] convicted and whose extradition has been granted under such condition. against a sentence that imposes the death penalty, all of the pertinent legal recourses [recursos], including that of cassation[,] will be admissible; this [recourse] will always be admitted for its processing. the penalty will be executed after all of the recourses are exhausted. the congress of the republic can abolish the death penalty. article 19. penitentiary system the penitentiary system must tend to the social rehabilitation and reeducation of the prisoners [reclusos] and to comply[,] in their treatment, with [observance to] the following minimum norms: they must be treated as human beings; they must not be discriminated against for any reason whatsoever, or be infringed with cruel treatment, physical, moral, [or] psychic tortures, duress or harassments, labor incompatible with their physical state, actions that denigrate their dignity, or make them victims of exactions, or be submitted to scientific experiment. they must fulfill the penalties in the places designated to such effect. the penal centers are of civil character and with specialized personnel; and they have the right to communicate, when they so request, with their families, defense attorney, religious assistant or physician [medico], and in its case, with the diplomatic or consular representative of their own nationality. the infraction of any of the norms established in this article, gives the right to the detained [person] to claim of the state an indemnification for the damages caused[,] and the supreme court of justice will order his [or her] immediate protection. the state must create and promote the conditions for the exact fulfillment of what is provided for [perceptuado] in this article. article 20. minors of age the minors of age who violate [transgredan] the law are not imputable. their treatment must be directed towards an integral education [that is] proper for childhood and adolescence. the minors, whose conduct violates a penal law, will be assisted by specialized institutions and personnel. for no reason can they be incarcerated in penal centers or [centers] of detention [that are] intended for adults. a specific law will regulate this matter. article 21. sanctions for public functionaries or employees the public functionaries or employees or [the] other persons who give or execute orders against the provisions in the two previous articles, in addition to the sanctions imposed on them by the law, will be immediately removed [destituidos] from their offices [cargos], as the case may be, and disqualified from the holding of any public office or employment. the custodian who makes inappropriate use of measures or arms against a detained or imprisoned [person], will be held responsible in accordance with the penal law. the crime committed in such circumstances is imprescriptible. article 22. penal and police records the penal and police records are not a cause for persons to be restricted in the exercise of their rights which are guaranteed by this constitution and the laws of the republic, except when they limited by the law, or in a final [firme] sentence, and for the term established in it. article 23. inviolability of the home the home [vivienda] is inviolable. no one may penetrate the dwelling of someone else without the permission of the resident who inhabits it, except by the written order of a competent judge in which the reason for the diligence is specified and never before six or after eighteen hours. such diligence will always be carried out in the presence of the interested party, or his [or her] representative [mandatario]. article 24. inviolability of correspondence, documents, and books the correspondence of any person, his [or her] documents, and books are inviolable. they may only be inspected or seized, by virtue of a firm resolution dictated by a competent judge and with the legal formalities. the secrecy of correspondence and telephone, radio, and cablegram communications and of other products of the modern technology is guaranteed. the books, documents and archives related with the payment of taxes, rates, charges [arbitrios], and contributions, may be revised by the competent authority in accordance with the law. it is punishable to disclose the amount of taxes paid, [the] earnings, losses, expenses, and any other data referring to the revised accounts of individual or juridical persons, with the exception of general balances, of which publication is ordered by the law. the documents or [the] information obtained in violation of this article neither produce faith nor may be used as evidence in trial. article 25. registry of persons and vehicles the registry of the persons and of the vehicles, can only be drawn up [efectuarse] by the elements of the security forces when a justifying cause is established for the same. for that effect, the elements of the security forces must appear wearing the appropriate uniform and belong to the same sex as the subjects [being] requisitioned, having to keep the respect for the dignity, privacy and decorum of the persons. article 26. freedom of movement [locomoción] any person has [the] freedom to enter, remain, transit, and exit from the national territory and change domiciles or residences, without other limitations than those established by the law. no guatemalan may be exiled or forbidden from entering the national territory or be denied a passport or other identification documents. guatemalans can enter and exit the country without fulfilling the requirement of a visa. the law will determine the responsibilities incurred by those who infringe this provision. article 27. right of asylum guatemala recognizes the right of asylum and grants it in accordance with the international practices. the extradition is regulated by that provided in the international treaties. the extradition of guatemalans will not be initiated for political crimes, and they will not be handed over to a foreign government, except for what is established in [the] treaties and conventions regarding crimes against humanity or against the international law. the expulsion from the national territory of a political refugee will not be accorded, with destination to the country that seeks him [or her]. article 28. right of petition the inhabitants of the republic of guatemala have the right to direct, individually or collectively, petitions to the authority, who is obligated to process them and resolve them according to the law. in administrative matters the term to resolve the petitions and to notify the resolutions may not exceed thirty days. in fiscal matters, to challenge administrative resolutions in those procedures [expedientes] that originate in exceptions [reparos] or adjustments for any tax, the previous payment of the tax or any guarantee will not be required of the taxpayer [contribuyente]. article 29. free access to tribunals and dependencies of the state every person has free access to the tribunals, dependencies and offices of the state, in order to exercise their actions and enforce their rights in accordance with the law. only foreigners may avail themselves of diplomatic channels in case of a denial of justice. the sole fact that a resolution [fallo] may be adverse to their interests[,] is not qualified as such a denial[,] and in any case, the legal recourses established by the guatemalan laws must have been exhausted. article 30. publicity of the administrative acts all of the acts of the administration are public. the interested [persons] are entitled to obtain, at any time, reports, copies, reproductions, and certifications that they [may] request and the display of the dossiers [expedientes] that they may wish to consult, except when dealing with military or diplomatic matters relating to national security, or details provided by individuals under the guarantee of confidentiality. article 31. access to archives and state registries all persons have the right to take cognizance of what the archives, records, or any other form of state registries contain about them, and [regarding] the purpose for which such data is used, as well as their correction, rectification, and updating [actualización]. registries and records of political affiliation, except for those pertaining to the electoral authorities and to the political parties[,] are prohibited. article 32. objective of [the] summons the appearance before an authority, functionary, or public employee is not obligatory, if in the corresponding summons the objective of the diligence is not expressly stated. article 33. right of assembly and demonstration [manifestación] the right of peaceful assembly and without weapons is recognized. the rights of assembly and of public demonstration may not be restricted, diminished, or restrained; and the law shall regulate them with the sole purpose of guaranteeing the public order. the religious manifestations outside of temples are permitted and are regulated by the law. for the exercise of these rights a prior notification by the organizers before the competent authority will suffice. article 34. right of association the right of free association is recognized. no one is obligated to associate [with] or to form part of mutual-interest [autodefensa] or similar groups or associations. the case of professional associations is excepted. article 35. freedom of expression of thought the expression of thought through any means of dissemination, without censorship or prior permission, is free. this constitutional right may not be restrained by [the] law or by any governmental provision. [the person] who by using the freedom should fail to respect private life or morals, will be held responsible in accordance with the law. whoever may feel offended has the right of publication of his [or her] defense, clarifications, and rectifications. the publications which contain denunciations, criticisms, or accusations [imputaciones] against functionaries or public employees for actions conducted in the performance of their duties[,] do not constitute a crime or a fault. the functionaries and [the] public employees can request a tribunal of honor, composed in the form determined by the law, to declare that the publication that affects them is based on inaccurate facts or that the charges made against them are unfounded. a court ruling [fallo] that vindicates the offended, must be published in the same media of social communication where the accusation appeared. the activity of the means of social communication is of public interest and in no case may they be expropriated. they may not be closed, attached [embargados], interfered with, confiscated, or seized [decomisados], nor may the enterprises, plants, equipment, machinery, and gear [enseres] of the means of communication be interrupted in their functioning, for faults or crimes in the expression of thought. the access to the sources of information is free and no authority may limit this right. the authorization, limitation or cancellation of the concessions granted by the state to persons, may not be used as elements of pressure or duress [coacción] to limit the exercise of the freedom of expression of thought. a jury will take exclusive cognizance of the crimes or faults to which this article refers. everything that relates to this constitutional right is regulated in the constitutional law for the expression of thought [ley constitucional de emisión del pensamiento]. the owners of the means of social communication must provide socio-economic coverage to their reporters, through the contracting of life insurance. article 36. freedom of religion the exercise of all the religions is free. any person has the right to practice his [or her] religion or belief, in public and in private, through teaching, cult and observance, without other limits than the public order and the due respect for the dignity of the hierarchy and the faithful [followers] of [the] other beliefs [credos]. article 37. juridical personality of the churches the juridical personality of the catholic church is recognized. the other churches, cults, entities, and associations of religious character will obtain the recognition of their juridical personality in accordance with the rules of their institution[,] and the government may not deny it[,] aside from reasons of public order. the state will extend to the catholic church, without any cost, [the] titles of ownership of the real assets which it holds peacefully for its own purposes, as long as they have formed part of the patrimony of the catholic church in the past. the property assigned to third parties or those which the state has traditionally assigned to their services[,] may not be affected. the real assets of the religious entities assigned [destinados] to cult, to education, and to social assistance, enjoy exemption from taxes, assessments, and contributions. article 38. possession and bearing of arms the right to own [tenencia] weapons for personal use, not prohibited by the law, in the place of inhabitation, is recognized. there will not be an obligation to hand them over, except in cases ordered by a competent judge. the right to bear arms is recognized, [and is] regulated by the law. article 39. private property private property is guaranteed as a right inherent to the human person. any person can freely dispose of his [or her] property in accordance with the law. the state guarantees the exercise of this right and must create the conditions that enable [faciliten] the owner to use and enjoy his [or her] property, in such a way as to achieve individual progress and the national development to [the] benefit of all guatemalans. article 40. expropriation in specific cases, private property can be expropriated for reasons of duly proven collective utility, social benefit or public interest. the expropriation must be subject to the proceedings specified by the law, and the affected asset will be appraised by experts taking its actual value as a basis. the indemnification must be prior and in an effective currency of legal tender, unless another form of compensation is agreed upon with the interested party. only in [the] cases of war, public calamity, or serious disruption of peace can a property be occupied or intervened, or be expropriated without prior compensation, but the latter must be made immediately following the end of the emergency. the law will establish the norms to be followed with enemy property. the form of payment of the indemnifications due to the expropriation of idle [ociosas] lands will be determined by the law. in no case will the deadline [término] to make such payment effective exceed ten years. article 41. protection of the right of ownership the right of ownership may not be limited in any form due to political activity or crime. the confiscation of property and the imposition of confiscatory fines are prohibited. in no case may the fines exceed the value of the unpaid tax. article 42. [the] right of the author or inventor the right of an author and an inventor is recognized; the titleholders of the same will enjoy the exclusive ownership of their work or invention, in accordance with the law and the international treaties. article 43. freedom of industry, trade, and work the freedom of industry, trade, and work is recognized, except for the limitations that due to social motives or the national interest are imposed by the law. article 44. [the] rights inherent to the human person the rights and [the] guarantees granted by the constitution do not exclude others that, even though they are not expressly mentioned in it, are inherent to the human person. the social interest prevails over the individual [particular] interest. the laws and the government provisions or [those of] any other order that reduce, restrict, or distort the rights guaranteed by the constitution are void ipso jure. article 45. action against offenders [infractores] and legitimacy of resistance the action to prosecute the violators of human rights is public and may be exercised through a simple denunciation, without any guarantee or formality whatsoever. the resistance of the people for the protection and defense of the rights and guarantees granted in the constitution[,] is legitimate. article 46. preeminence of [the] international law the general principle that within matters of human rights, the treaties and agreements approved and ratified by guatemala, have preeminence over the internal law[,] is established. chapter ii. social rights first section. the family article 47. protection of the family the state guarantees the social, economic, and juridical protection of the family. it will promote its organization on the legal basis of marriage, the equal rights of the spouses, [the] responsible paternity and the right of the persons to decide freely the number and the spacing [espaciamiento] of their children. article 48. de facto unions the state recognizes de facto unions and the law will regulate [perceptuará] everything relative to it. article 49. matrimony the [state of] matrimony may be authorized by the mayors [alcaldes], council members, notaries in exercise [of their function] and [by] religious ministers authorized [facultados] by the corresponding administrative authority. article 50. equality of the children all of the children are equal before the law and they have the same rights. any discrimination is punishable. article 51. protection of [the] minors and [of] the elderly the state will protect the physical, mental, and moral health of the minors of age and of the elderly. it will guarantee to them their right to food, health, education, and security and social prevision. article 52. maternity the [state of] maternity has the protection of the state, which in special form will see to the strict compliance of the rights and obligations that derive from it. article 53. [the] disabled [minusválidos] the state guarantees the protection of the disabled and of those persons who suffer from physical, psychic, or sensory limitations. their medical-social care, as well as the promotion of the policies and the services that make their rehabilitation and their integral reincorporation into society possible, are declared to be of national interest. the law will regulate this matter and will create the technical and executory organs that are necessary. article 54. adoption the state recognizes and protects adoption. the adopted [person] acquires the status of child of the adopter. the protection of orphaned children and of abandoned children is declared of national interest. article 55. obligation to provide food the refusal to supply food in the form prescribed by the law is punishable. article 56. actions against causes of family disintegration the actions against alcoholism, drug addiction, and other causes of family disintegration[,] are declared to be of social interest. the state must take the adequate measures of prevention, treatment, and rehabilitation to make said actions effective, for the well being of the individual, the family, and the society. second section. culture article 57. right to culture every person has the right to participate freely in the cultural and artistic life of the community, as well as [to] benefit from the scientific and technological progress of the nation. article 58. cultural identity the right of the persons and of the communities to their cultural identity in accordance to their values, their language, and their customs[,] is recognized. article 59. protection and research of the culture it is [a] primary obligation of the state to protect, promote, and disseminate [divulgar] the national culture; [to] issue the laws and provisions that tend to its enrichment, restoration, preservation, and recuperation; [to] promote and regulate its scientific research, as well as the creation and [the] application of [the] appropriate technology. article 60. cultural heritage [patrimonio] the paleontological, archeological, historical, and artistic assets [bienes] and values of the country form [part of] the cultural heritage of the nation and are under the protection of the state. their transfer, export, or alteration, except in the cases determined by the law, is prohibited. article 61. protection of the cultural heritage the archaeological sites, [the] collections of monuments and the cultural center of guatemala [centro cultural de guatemala], will receive special attention from the state, with the purpose of preserving its characteristics and safeguarding [resguardar] its historical value and cultural assets. the tikal national park, the archeological park of quiriguá, and the city of ancient [antigua] guatemala, will be subject to a special conservation regime because they have been declared [part of the] heritage of the world [patrimonio mundial], as well as those that acquire a similar recognition. article 62. protection of traditional art, folklore, and handicrafts the national artistic expression, the popular art, the folklore, and the autochthonous handicrafts and industries, must be [the] object of special protection by the state, with the purpose of preserving their authenticity. the state will propitiate the opening of national and international markets for the free commercialization of the work of the artists and artisans, promoting their production and adequate technification [tecnificación]. article 63. right to creative expression the state guarantees free creative expression, [it] supports and encourages the scientist, the intellectual and the national artist, promoting their formation and professional and economic improvement. article 64. natural heritage the conservation, protection and improvement of the natural heritage of the nation[,] is declared [to be] of national interest. the state will promote the creation of national parks, reservations, and natural sanctuaries [refugios], which are inalienable. a law will guarantee their protection and that of the fauna and the flora that exists within them. article 65. preservation and promotion of culture the activity of the state with regards to the preservation and promotion of the culture and its manifestations, will be the charge [cargo] of a specific organ with its own budget. third section. indigenous communities article 66. protection of ethnic groups guatemala is formed by diverse ethnic groups among which are found the indigenous groups of mayan descent. the state recognizes, respects, and promotes their forms of life, customs, traditions, forms of social organization, the use of the indigenous attire by men and women, [and their] languages and dialects. article 67. protection of the indigenous agricultural lands and cooperatives the lands of the cooperatives, [the] indigenous communities or any other forms of communal or collective possession of agrarian ownership, as well as the family patrimony and the people's housing, will enjoy special protection of the state, [and] of preferential credit and technical assistance, which may guarantee their possession and development, in order to assure an improved quality of life to all of the inhabitants. the indigenous communities and others that hold lands that historically belong to them and which they have traditionally administered in special form, will maintain that system. article 68. lands for indigenous communities through special programs and adequate legislation, the state will provide state lands to the indigenous communities who may need them for their development. article 69. transfer [traslación] of workers and their protection the labor activities that involve the transfer of workers outside of their communities, will be the object of protection and legislation to assure adequate conditions of health, security, and social prevision that prevent the payment of wages [that are] not adjusted to the law, the disintegration of those communities and in general all of discriminatory treatment. article 70. specific law a law will regulate the matters related to this section. fourth section. education article 71. right to education the freedom of education and educational [docente] criteria is guaranteed. it is the obligation of the state to provide and facilitate education to its inhabitants without any discrimination whatsoever. the foundation and maintenance of cultural educational centers and museums is declared to be of public utility and necessity. article 72. objectives [fines] of education education has as its primary objective the integral development of the human person, the knowledge of reality and national and universal culture. education, instruction, social development and the systematic teaching of the constitution of the republic and of the human rights are declared to be of national interest. article 73. freedom of education and the economic assistance of the state the family is the source of the education and the parents are entitled to choose what is to be taught [impartirse] to their minor children. the state may subsidize the gratuitous private educational centers and the law will regulate what is relative to this matter. the private educational centers shall function under the inspection of the state. they are obligated to fulfill [llenar], at least, [the] official study plans and programs. as cultural centers they will be enjoy the exemption of all types of taxes and assessments. religious education is optional in the official establishments and can be taught during ordinary hours, without any discrimination. the state will contribute to the maintenance of religious education without any discrimination. article 74. obligatory education the inhabitants have the right and the obligation to receive initial, pre-primary, primary and basic education, within the age limits established by the law. the education provided by the state is gratuitous. the state will provide and promote scholarships and educational credits. scientific, technological, and humanistic education constitute objectives that the state must guide and develop [ampliar] permanently. the state shall promote special education, diversified [education] and extracurricular [extraescolar] [education]. article 75. literacy literacy is declared [to be] of national urgency and it is a social obligation to contribute to it. the state will organize it and promote it with all the necessary resources. article 76. educational system and bilingual education the administration of the educational system must be decentralized and regionalized. in the schools established in regions with a predominantly indigenous population, the education must be provided preferentially in [a] bilingual form. article 77. obligations of business owners the owners of the industrial, agricultural, livestock, and commercial businesses are obligated to establish and maintain, in accordance with the law, [the] schools, day care centers, and cultural centers for their workers and school population. article 78. teaching faculty [magisterio] the state will promote the economic, social, and cultural improvement of the teaching faculty, including the right to retirement that makes possible their effective dignification [dignificación]. the rights acquired by the national teaching faculty are of a minimal and irrenounceable character. the law will regulate these matters. article 79. agricultural education agricultural study, apprenticeship, explication, commercialization and industrialization are declared to be of national interest. the national central school of agriculture [escuela nacional central de agricultura] is created as an autonomous decentralized entity, with juridical personality and its own patrimony; it must organize, direct, and develop plans of agricultural, livestock, and forestry study of the nation at the intermediate level; and it will be governed by its own organic law, with an allocation of an amount of no less than five percent of the regular budget of the ministry of agriculture. article 80. promotion of the science and the technology the state recognizes and promotes science and technology as fundamental bases of national development. the law will establish norms for [normará] what is pertinent. article 81. titles and diplomas the titles and diplomas of which the issuance corresponds to the state, have full legal validity. the rights acquired for the exercise of the professions accredited by said titles, must be respected and no provisions of any kind may be issued that limit or restrict these rights. fifth section. universities article 82. autonomy of the university of san carlos de guatemala the university of san carlos de guatemala, is an autonomous institution with juridical personality. in its character of [being] the only state university[,] it exclusively corresponds to it to direct, organize, and develop the superior education and the professional university education of the state, as well as the dissemination of the culture in all [of] its manifestations. it will promote by every means within its reach the research in every area of the human knowledge and will cooperate in the study and solution of the national problems. it is governed by its organic law and by the statutes and regulations that it emits, having to observe in the conformation of its directive organs, the principle of representation of its titular professors [catedráticos], its graduates and its students. article 83. government of the university of san carlos de guatemala the government of the university of san carlos de guatemala corresponds to the superior university council [consejo superior universitario], integrated by the rector, who presides over it; the deans of the faculties; a representative of the professional association [colegio], graduated from the university of san carlos de guatemala, which corresponds to each faculty; a titular professor and a student for each faculty. article 84. budgetary allocation for the university of san carlos de guatemala a specific [privativa] budgetary allocation corresponds to the university of san carlos de guatemala [that is] no less than five percent of the general budget of ordinary revenues of the state, which must generate an adequate budgetary increase sufficient to cover the growth in the student population or the improvement of the academic level. article 85. private universities to the private universities, which are independent institutions, corresponds the organization and development of the private superior education of the nation, with the purpose of contributing to the professional formation, to the scientific research, to the cultural dissemination and to the study and solution of the national problems. when the functioning of a private university is authorized, it will have juridical personality and [the] freedom to create its faculties and institutes, to develop its academic and teaching activities, as well as to elaborate its plans and programs of study. article 86. council of the superior private education the council of the superior private education [consejo de la enseñanza privada superior] will have as its functions to see to the maintaining of the academic level in the private universities without undermining their independence and to authorize the creation of new universities; it is integrated by two delegates from the university of san carlos de guatemala, two delegates from the private universities and one delegate elected by the presidents of the professional colleges who do not hold any office [cargo] in any university. the presidency will be exercised in a rotating form. the law will regulate this matter. article 87. recognition of degrees, titles, diplomas, and incorporations in guatemala only degrees, titles, and diplomas granted by the legally established universities organized to function in the country[,] will be recognized, except for what is provided in international treaties. the university of san carlos de guatemala, is the only one entitled [facultada] to resolve the incorporations of the professionals graduated from foreign universities and to set the prior requirements which must fulfilled for that purpose, as well as to recognize the titles and diplomas of university character protected by the international treaties. the titles granted by central american universities will have full validity in guatemala when the basic centralization of the study plans is achieved. legal provisions that grant privileges to the detriment of those exercising a profession with a title or who have been legally authorized to exercise it, may not be adopted. article 88. tax exemptions and deductions the universities are exempt from the payment of all types of taxes, assessments, and contributions without any exception whatsoever. the donations given to universities, cultural or scientific institutions will be deductible from the net revenue prior to assessing the income tax. the state can provide economic assistance to private universities, for the fulfillment of their own objectives. the university of san carlos de guatemala and the private universities may neither be [the] object of processes of execution nor may they be intervened, except in those cases where the private universities assume obligations through civil, mercantile, or labor contracts. article 89. granting of degrees, titles, and diplomas only the universities that are legally authorized may grant degrees and issue titles and graduation diplomas within superior education. article 90. professional association [colegiación] the association of university professionals is obligatory and it will have as is its objectives the moral, scientific, technical, and material improvement of the university professions and the control of their exercise. the professional associations, as work [gremiales] associations with a juridical personality, shall function in accordance with the law of the professional association [ley de colegiación profesional], obligatorily[,] and the statutes of each association will be approved with independence from the universities from which its members have graduated. they will contribute to the strengthening of the autonomy of the university of san carlos de guatemala and for the purposes and goals of all the universities of the country. in every matter related to the improvement of the scientific and the culturaltechnical level of the university professions, the universities of the country will be able to require the participation of the professional associations. sixth section. sports article 91. budgetary allocation for sports it is the duty of the state to encourage and promote physical education and [the practice of] sports. to that effect, a specific allocation no smaller than three percent of the general budget of ordinary revenues of the state will be set. from such allocation[,] fifty percent will be destined to the federated sports sector through its administrative organs, in the form established by [the] law; twenty-five percent to physical education, recreation, and school sports; and twenty-five percent to non-federated sports. article 92. autonomy of sports the autonomy of federated sports is recognized and guaranteed through its administrative [rectores] organs, the autonomous sports confederation of guatemala [confederación deportiva autónoma de guatemala] and the guatemalan olympic committee [comité olímpico guatemalteco], which have juridical personality and their own patrimony, being exempt from all types of taxes and assessments. seventh section. health, security, and social assistance article 93. right to health the enjoyment of health is a fundamental right of the human being, without any discrimination. article 94. obligation of the state, regarding health and social assistance the state will see to the health and the social assistance of all the inhabitants. it will develop, through its institutions, actions of prevention, promotion, recovery, rehabilitation, coordination and those complementary ones [that are] appropriate in order to procure [for them] the most complete physical, mental, and social wellbeing. article 95. health, [a] public asset the health of the inhabitants of the nation is a public asset [bien]. all persons and institutions are obligated to see to its conservation and reestablishment. article 96. quality control of products the state will control the quality of food products, pharmaceuticals, chemicals and of everything that can affect the health and the well being of the inhabitants. it will see to the establishment and programming of the primary attention to health, and for the improvement of the conditions of the basic environmental sanitation [saneamiento] of the least protected communities. article 97. [the] environment and [the] ecological balance the state, the municipalities and the inhabitants of the national territory are obligated to promote [propiciar] the social, economic, and technological development that prevents the pollution [contaminación] of the environment and maintains the ecological balance. all the necessary regulations will be dictated to guarantee that the use [utilización y el aprovechamiento] of the fauna, [the] flora, [the] land, and [the] water, are conducted rationally, avoiding their depredation. article 98. community participation in health programs the communities have the right and the duty to actively participate in the planning, execution, and evaluation of [the] health programs. article 99. feeding and nutrition the state will see to it that the food and the nutrition of the population meet the minimum health requirements. the specialized institutions of the state must coordinate their actions among themselves or with [the] international organs dedicated to health, [in order] to achieve an effective national food system. article 100. social security the state recognizes and guarantees the right to social security for the benefit of the inhabitants of the nation. its regime is instituted as a public function, in a national, unitary, and obligatory manner. the state, the employers, and the workers covered by the regime, with the sole exception of that provided by article 88 of this constitution, have the obligation to contribute to the financing of such regime and [the] right to participate in its direction, seeking [procurando] its progressive improvement. the application of the social security regime corresponds to the guatemalan social security institute [instituto guatemalteco de seguridad social], which is an autonomous entity with juridical personality, [and with] its own patrimony and functions; it enjoys a total exemption from taxes, contributions and assessments, whether established or to be established. the guatemalan social security institute must participate with the health institutions in [a] coordinated manner. the executive organ will allocate annually in the budget of revenues and expenditures of the state, a specific portion [partida] to cover the share [cuota] that corresponds to the state as such and as an employer, which may not be transferred or canceled during the fiscal year [ejercicio] and [that] will be establish in accordance with the technical actuarial studies of the institute. against the resolutions dictated in this matter, [the] administrative and contentious-administrative recourses proceed in accordance with the law. when dealing with benefits [prestaciones] that the regime must provide, the tribunals of labor and social prevision will take cognizance. eighth section. work article 101. [the] right to work to work is a right and a social obligation of the person. the labor regime of the country must be organized in accordance with the principles of social justice. article 102. minimum social rights of labor legislation the minimum social rights that form the basis of the labor legislation and the activity of the tribunals and [the] authorities [are]: the right to the free choice [elección] of work and the satisfactory economic conditions that guarantee a dignified existence for the worker and his [or her] family; that all work be equitably remunerated, except with what the law determines in that regard; the equality of salary for the same rendered work in equality of conditions, productivity, and seniority; the obligation to pay the worker in currency of legal tender. however, the field worker [trabajador de campo] can receive, by choice [a su voluntad], food products until up to thirty percent of his [or her] salary. in this case the employer will provide those products at a price no superior than their cost; the freedom from lien [inembargabilidad] of the salary in the cases determined by the law. the personal work implements may not be subject to a lien for any reason. nevertheless, for the protection of the family of the worker and by judicial order, part of the salary can be retained and delivered to the corresponding [party]; the periodic establishment [fijación] of the minimum salary in accordance with the law; the ordinary effective workday [jornada] can neither exceed eight hours of work per day, nor forty-four hours per week, equivalent to forty-eight hours for the exclusive purpose of the payment of the salary. the ordinary effective workday on the night shift can neither exceed six hours per day, nor thirty-six hours per week. the mixed ordinary effective workday can neither exceed seven hours per day, nor forty-two hours per week. all work effectively performed outside [of the] ordinary working hours, constitutes an extraordinary workday and must be remunerated as such. the law will determine the very qualified situations of exception where the provisions relative to the workdays are not applicable. those that by provision of the law, by custom or by agreement with the employers work less than forty-four hours per week during the day, thirty-six hours during the night, or forty-two hours in mixed-schedule workdays, will have the right to receive the weekly salary in its entirety. it is understood that effective work means the entire time that the worker remains under the orders or at the disposal of the employer; the right of the worker to a day of remunerated rest for each ordinary work week or for any six consecutive workdays. the holidays [días de asueto] recognized by the law will also be remunerated; the right of the worker to fifteen working days of paid vacation after each year of continuous service, with the exception of agricultural enterprise workers, who will have the right to ten working days [of vacation]. the vacations must be effective and the employer may not compensate such right in a different manner, except when the labor relationship already acquired would cease; the obligation of the employer to grant[,] every year[,] a bonus [aguinaldo] of no less than one hundred percent of the monthly salary, or the one already established if greater, to those workers who may have worked for an uninterrupted year prior to the date of the payment. the law will regulate the form of payment. for those workers with less than one year of service, such bonus will be covered proportionally to the time [of duration] of [the] work; the protection of the working woman and [the] regulation of the conditions under which she must render her services. there may not be differences established between married and single women in terms of [the] work. the law will regulate the protection of the maternity rights of the working woman, who may not be required to [conduct any] work that may require an effort that puts her pregnancy in jeopardy [gravidez]. the working mother will enjoy a compulsory rest [period] [descanso forzoso] paid on the basis of one hundred percent of her salary, during the thirty days prior to giving birth and [during] the subsequent forty-five days. during the period of lactation she will have the right to two periods of extraordinary rest, during her workday. the prenatal and postnatal rest periods will be expanded according to her physical conditions, by medical prescription; minors under fourteen years of age may not be employed in any type of work, except for the exceptions established by the law. it is forbidden to employ [ocupar] minors in works that are incompatible with their physical capacity or that endanger their moral formation. the workers older than sixty years of age will be the object of a treatment [that is] adequate to their age; the protection and [the] promotion [fomento] of the work of the blind, the disabled and the persons with physical, psychic, or nervous deficiencies. the preference of guatemalan workers over foreigners in equality of conditions and in the percentages determined by the law. in comparable [paridad] circumstances, no guatemalan worker may earn a lesser salary than a foreigner, be subject to inferior conditions of employment, or obtain lesser economic advantages or other benefits [prestaciones]; the establishment of the norms of obligatory compliance for employers and workers in the individual and collective labor contracts. the employers and [the] employees will procure the economic development of their enterprise for [their] common benefit; the obligation of the employer to indemnify with the salary of one month for each year of continuous service when unjustifiably or indirectly dismissing [despida] a worker, as long as the law does not establish another more appropriate [conveniente] system that would provide the worker with better provisions. for the effects of computing the continuous services[,] the date in which the work relation began will be taken into account, whichever it may be; it is the obligation of the employer to provide to the spouse or partner, the minor children or the disabled [relatives] of a worker who may die while in service, a benefit [prestación] equivalent to the salary of one month for each year worked. this benefit will be covered by monthly payments and its amount will not be less than the final salary received by the worker. if death should occur for a reason of which risk is entirely covered by the social security regime, this obligation of the employer will cease. in case that this method should not cover the benefit completely, the employer must pay the difference; the right to the free unionization [sindicalización] of the workers. this right can be exercised without any discrimination and without being subject to any previous authorization, having only to fulfill the requirements established by the law. the workers may not be dismissed for participating in the establishment of a [labor] union, [and] must be abler to enjoy such a right from the time that they notify the general inspectorate of labor [inspección general de trabajo]. only the guatemalans by birth can intervene in the organization, direction and advising of [labor] unions. the cases of governmental technical assistance and what is provided in international treaties or in intra-union conventions authorized by the executive organ[,] are excepted; the establishment of economic institutions and of social prevision which, in benefit of the workers, grant benefits of all types, especially for disability, retirement, and survival; if the employer should not be able to prove a reasonable cause for the dismissal, he [or she] must pay the salary of one month to the worker to compensate for damages and losses if the case should be settled in a court of first instance, two monthly salaries if the sentence is appealed, and[,] if the legal process should last longer than two months, [the employer] must pay fifty percent of the salary of the worker for each month beyond that deadline, up to a maximum of six months in this case; and the state will participate in international or regional agreements and treaties relating to labor matters and which grant better protection of conditions to [the] workers. in such cases, what is established in said agreements and treaties will be considered as part of the minimum rights enjoyed by the workers of the republic of guatemala. article 103. protection [tutelaridad] of the labor laws the laws that regulate the relations between employers and workers are conciliatory, protective [tutelares] for the workers and [they] will attend to all the pertinent economic and social factors. for agricultural work[,] the law will especially take into account their needs and the zones in which it is executed. all of the conflicts concerning [the] work [activity] are subject to a specific [privativa] jurisdiction. the law will establish the norms corresponding to that jurisdiction and the organs charged with [encargadas] putting them into practice. article 104. right to strike [huelga] and to work stoppage [paro] the right to strike and to work stoppage exercised in accordance with the law, after all conciliation procedures have been exhausted, is recognized. these rights can be exercised solely for reasons of economic-social order. the laws shall establish the cases and situations where the strike and work stoppage will not be allowed. article 105. housing of the workers the state, through the specific entities, will support the planning and construction of housing complexes [conjuntos], establishing the adequate systems for financing, which would make it possible to involve the different programs, so that the workers may opt for adequate housing and meet [the] health requirements. the owners of enterprises [empresas] are obligated to provide to their workers, in the cases established by the law, [the] housing units that meet the aforementioned requirements. article 106. irrenouncability of the labor rights the rights consigned in this section are irrenounceable for the workers, susceptible of being exceeded [superado] through individual or collective contracting, and in the form established by the law. for this objective the state will encourage and protect collective negotiation. the stipulations that call for the renunciation, reduction, distortion [tergiversación], or limitation of the rights recognized for the workers in the constitution, in the law, in the international treaties ratified by guatemala, in the regulations or in [any] other provisions with regards to work, will be void ipso jure and will not obligate the workers, even if they are expressed in a collective or individual labor contract, in an agreement or in another document. in case of doubt in the interpretation or scope of [the] legal provisions, regulations, or contractual [provisions] within the labor matters, they will be interpreted in the most favorable sense for the workers. ninth section. [the] workers of the state article 107. [the] workers of the state the workers of the state are at the service of the public administration and never of a political party, group, organization or [of] any person. article 108. regime of the workers of the state the relations of the state and its decentralized or autonomous entities with its workers are governed by the law of the civil service [ley de servicio civil], with the exception of those governed by the own laws or provisions of such entities. the workers of the state or of its decentralized or autonomous entities which by law or by custom receive benefits [prestaciones] that exceed those established in the law of the civil service, will retain that treatment. article 109. payroll workers the workers of the state and its decentralized or autonomous entities who work [with payment] through payroll, will receive [the] salaries, benefits, and rights that are equal to those of the other workers of the state. article 110. indemnification when the workers of the state are dismissed without a reasonable cause, [they] will receive the equivalent of the salary of one month for each year of continuous service rendered. in no case will this right exceed ten months of salary. article 111. [the] regime of decentralized entities the decentralized entities of the state, which perform economic functions similar to [those of] enterprises of [a] private character, will be governed in their working relations with the personnel at their service by the common labor laws, as long as they do not diminish other acquired rights. article 112. prohibition of performing [desempeñar] more than one public office no person may perform more than one remunerated employment or public office, with the exception of those who render services in educational centers or [in social] assistance institutions and as long as the [time] schedules are compatible. article 113. right to opt for public employment or office the guatemalans have the right to opt for public employment or office and to do so only their capabilities, fitness, and honesty will be taken into account. article 114. revision to retirement when a worker of the state who enjoys the benefit of retirement, returns to a public office, such retirement will cease immediately, but at the end of the new work relationship, he [or she] has the right to opt for the revision of the corresponding benefit [expediente] and to the granting of the benefit derived from the time served and of the last wage received, during the new office. in accordance to the possibilities of the state, it will proceed to periodically revise the amounts assigned for retirements, pensions and allowances [montepíos]. article 115. free coverage by the guatemalan social security institute to retirees the persons[,] who enjoy retirement, pension, or allowance payments from the state and the autonomous and decentralized entities, have the right to receive gratuitously the complete coverage for the medical services by the guatemalan social security institute. article 116. regulation of the strike for the workers of the state the associations, groups, and unions formed by the workers of the state and its decentralized and autonomous entities, may not participate in partisan political activities. the right to strike of the workers of the state and its decentralized and autonomous entities is recognized. this right can only be exercised in the form provided by the law of the matter and in no case may it affect the provision [atención] of the essential public services. article 117. option for the passive classes regime the workers of the decentralized or autonomous entities who are neither subject to deductions for the passive classes fund [fondo de clases pasivas], nor enjoy the corresponding benefits, may attach [themselves] to this regime and, the respective dependency, in this case, must accept the request of the interested [person] and order the one responsible to make the corresponding deductions. tenth section. economic and social regime article 118. principles of the economic and social regime the economic and social regime of the republic of guatemala is based on the principles of social justice. it is the obligation of the state to guide the national economy to achieve the utilizations of the natural resources and the human potential, to increase wealth and to try to achieve full employment and the equitable distribution of the national income. when deemed as necessary, the state will act by complementing private initiative and activity, for the achievement of the stated purposes. article 119. [the] obligations of the state the following are the fundamental obligations of the state: to promote the economic development of the nation, stimulating the initiative in agricultural, livestock, industrial, tourist, and other types of activities. to promote in a systematic manner the administrative economic decentralization, to achieve an adequate regional development of the country; to adopt the means that may be necessary for the conservation, development and exploitation [aprovechamiento] of the natural resources in an efficient form; to see to the raising of the standard of living of all the inhabitants of the country, securing [procurando] the wellbeing of the family; to promote and protect the creation and functioning of [the] cooperatives, providing them with the necessary technical and financial aid; to grant incentives, in accordance to the law, to the industrial enterprises [empresas] that may be established in the interior of the republic and who contribute to decentralization; to promote with priority the construction of popular housing [projects], through financing systems which are adequate so that the greatest number of guatemalan families may enjoy them in ownership. when concerning emerging or cooperatively-held housing, the system of possession [tenencia] may be different; to prevent the functioning of excessive practices leading to the concentration of assets and means of production in detriment of the collectivity; the defense of the consumers and [the] users with regards to the preservations of the quality of the domestic and export consumer products to guarantee their health, security, and legitimate economic interests; to actively promote programs of rural development which tend to increase and diversify the national production based on the principle of private property and of the protection of family patrimony. the peasant [campesino] and the artisan must be provided with technical and economic assistance; to protect the formation of capital, savings and investment; to promote the ordered and efficient development of the domestic and foreign trade of the country, promoting markets for national products; to maintain within the economic policy, a congruent relationship between the public spending and the national production; and to create the conditions adequate to promote the investment of national and foreign capital. article 120. intervention in [the] enterprises that provide public services in case of force majeure and for the strictly necessary time period, the state can intervene in the enterprises that provide essential public services for the community, if their functioning is obstructed. article 121. [the] assets of the state the following are assets of the state: those of public domain; the waters of the maritime zone that border the shores of its territory, the lakes, the navigable rivers and their banks, the secondary rivers [ríos vertientes] and the streams that serve as the international limit of the republic, the waterfalls and headwaters for hydroelectric exploitation, the underground waters and [the] others that are susceptible to regulation by the law and the waters not exploited by individuals to the extent and limit set by the law. those which constitute the patrimony of the state, including those of the municipality and of the decentralized or autonomous entities; the terrestrial maritime zone, the continental shelf and the air space, in the extension and the form determined by the laws or the international treaties ratified by guatemala; the subsoil, the deposits of hydrocarbons and minerals, as well as any other organic or inorganic substances of the subsoil; the archeological monuments and relics; the fiscal and municipal revenues, as well as those of a private character which are assigned by the laws to the decentralized and autonomous entities; and the radio-electric frequencies. article 122. [the] territorial reserves of the state the state reserves for itself the dominion over a strip of land [faja terrestre] of three kilometers along the oceans, counted from the superior line of the tide; of two hundred meters around the shores of the lakes; of one hundred meters on each bank of the navigable rivers; and of fifty meters around the sources and springs supplying water to the populated places [poblaciones]. [the following] are excepted from the stated reserves: the real property located in the urban areas; and the assets over which there are rights registered in the registry of property [registro de la propiedad], prior to march first of nineteen fifty-six. the foreigners will need [the] authorization of the executive, to acquire in ownership, real property comprehended in the exceptions of the two aforementioned paragraphs. when they concern properties declared as national monuments or when they are located among a set of monuments, the state will enjoy preferential right in any transfer of ownership. article 123. limitations in the border strips only guatemalans of origin, or the communities [sodiedades] whose members possess the same qualities, may own and possess real property located in a strip of fifteen kilometers wide along the borders, measured from the dividing line. the urban property and [the] property of which title was registered prior to march first of nineteen fifty-six is excepted. article 124. transfer [enajenación] of national property the national property may only be transferred in the form determined by the law, which will establish the limitations and formalities to which the operation and its fiscal objectives must be subject. the decentralized or autonomous entities, will be regulated according to their laws and regulations. article 125. exploitation of non-renewable natural resources the technical and rational exploitation of hydrocarbons, minerals, and other non-renewable natural resources is declared to be of public utility and necessity. the state will establish and propitiate the conditions for their exploration, exploitation, and commercialization. article 126. reforestation the reforestation of the country and the conservation of [the] forests is declared to be a matter of national urgency and social interest. the law will determine the form and [the] requirements for the rational exploitation of [the] forestry resources and their renewal, including the resins, rubber, uncultivated wild forest vegetal products and other similar products, and will promote their industrialization. the exploitation of all these resources will correspond exclusively to guatemalan persons, individual or juridical. the forests and the vegetation on the banks of the rivers and lakes, and in the vicinities of the water fountains, will enjoy special protection. article 127. water regime all the waters belong to the public domain, [they are] inalienable and imprescriptible. their exploitation, use and enjoyment are granted in the form established by the law, in accordance with the social interest. a specific law will regulate this matter. article 128. exploitation [aprovechamiento] of waters, lakes, and rivers the exploitation of the waters of the lakes and rivers, for agricultural, livestock, tourism, or [purpose] of any other nature that contributes to the development of the national economy, is at the service of the community and not that of any particular person whatever, but the users are obligated to reforest the banks and corresponding courses, as well as to facilitate access roads [vías]. article 129. electrification the electrification of the country, based on the plans formulated by the state and the municipalities, in which the private initiative may participate, is declared a matter of national urgency. article 130. prohibition of monopolies monopolies and privileges are prohibited. the state, shall limit the operation of the enterprises that absorb or tend to absorb, in prejudice to the national economy, the production in one or another industrial sectors [ramos] or of the same commercial or agricultural activity. the laws will determine what is relative to this matter. the state will protect the market economy and will discourage those associations which tend to restrict the freedom of the market or to cause prejudice to the consumers. article 131. commercial transportation service due to its economic importance in the development of the country, all commercial and tourist transportation services are recognized to be of public utility and therefore [they] enjoy the protection of the state. these services may consist of ground, maritime, or air transportation and comprise vessels, vehicles, installations, and services. the commercial land, airport, and maritime port terminals, are considered to be property of [the] common public use and like the transportation services, [they] continue to be exclusively subject to the jurisdiction of the civil authorities. the use of vessels, vehicles, and terminals, [which are] property of the government agencies or of the national army, for commercial purposes, is prohibited; this provision is not applicable to those decentralized state entities that provide transportation services. for the installation and exploitation of any national or international transportation service, the authorization of the government is necessary. for this purpose, once the corresponding legal requirements have been fulfilled by the petitioner, the government authority must extend the authorization immediately. article 132. currency it is the exclusive authority of the state, to issue and regulate the currency, as well as to formulate and realize the policies that tend to create and maintain [the] exchange and credit conditions favorable for the orderly development of the national economy. the monetary, banking, and financial activities will be organized under the central banking system, which exercises control over all matters relative to the circulation of money and the public debt. the monetary board [junta monetaria], to which the bank of guatemala, an autonomous entity with its own resources, is responsible, will direct this system. this bank will be regulated by its organic law and [by] the monetary law. the monetary board is comprised of the following members: the president, who will also be [the president] of the bank of guatemala, [and who is] appointed by the president of the republic for a period established in the law; the ministers of public finance, economy and agriculture, livestock and food; a member elected by the congress of the republic; a member elected by the business, industrial, and agricultural associations; a member elected by the presidents of the administration councils or boards of directors of the private national banks; and a member elected by the superior council of the university of san carlos de guatemala. these last three members will last in their functions one year. all the members of the monetary board, will have substitutes, except [for] the president, who will be substituted by the vice-president and the ministers of the state, who will be substituted by their own respective vice-minister. the vice-president of the monetary board and of the bank of guatemala, who will also be appointed by the president of the republic, will be able to attend the sessions of the monetary board, jointly with the president, with a voice, but without a vote, except when he [or she] substitutes the president in his [or her] functions, in which case, [he or she] will have a vote. the president, vice-president and those appointed by the superior university council and by the congress of the republic, must be persons of recognized integrity [honorabilidad] and of notable preparation and competence in economic and financial matters. the acts and decisions of the monetary board, are subject to administrative recourses and to the contentious-administrative and cassation [recourses]. article 133. [the] monetary board the monetary board will have as its charge [cargo] the determination of the monetary, exchange and credit policy of the country and will see to the liquidity and solvency of the national banking system, assuring the stability and the strengthening of the national savings. with the objective [finalidad] of guaranteeing the monetary, exchange and credit stability of the country, the monetary board may not authorize the bank of guatemala to grant direct or indirect financing, guarantees or endorsements to the state, to its decentralized or autonomous entities, nor to private entities[,] that are not involved in [the] banking [sector]. to this same end, the bank of guatemala may not acquire the securities issued or negotiated by these entities in the primary market. the financing that may be granted in cases of catastrophes or public disasters is exempt from these prohibitions, given that it is approved by the two-thirds part of the total number of deputies that make up the congress, on request of the president of the republic. the superintendence of banks [superintendencia de bancos], organized according to the law, is the organ that will exercise the supervisions and inspection of [the] banks, credit institutions, financial enterprises, financing and insurance entities, and the others provided for by the law. article 134. decentralization and autonomy the municipality and the autonomous and decentralized entities, act by delegation of the state. the autonomy, outside of the special cases contemplated in the constitution of the republic, will be conceded exclusively, when it is deemed [as] indispensable for the greater efficiency of the entity and the better fulfillment of its objectives. [in order] to create decentralized and autonomous entities, the favorable vote of the two-thirds part of the congress of the republic will be necessary. the following are established to be the minimum obligations of the municipality and of every decentralized and autonomous entity: to coordinate its policy, with the general policy of the state and, in such case, with the special [policy] of the branch [ramo] to which it corresponds; to maintain close coordination with the planning organ of the state; to remit to the executive organ and to the congress of the republic, its detailed ordinary and extraordinary budgets, with the expression of [the] programs, projects, activities, revenues and expenditures. the university of san carlos de guatemala is excepted. such remission will be for the purpose of approval, when the law so provides; to remit to the same organs, the reports [memorias] relating to their work and the specific reports [informes] that will be requested, with the confidential nature of the operations of the particulars in banks and financial institutions in general being protected; to provide the necessary facilities so that the organ charged with of the fiscal control, may perform its functions broadly and effectively; and in all [of the] activities of an international nature, to be subject to the policy outlined by the executive organ. when the functioning of a decentralized entity is considered inoperable, it will be suppressed by the favorable vote of the two-thirds part of the congress of the republic. chapter iii. civic and political duties and rights article 135. civic duties and rights the rights and duties of guatemalans, besides those consigned in other norms of the constitution and the laws of the republic, are the following: to serve and defend the country [patria] to comply with[,] and see to compliance with[,] the constitution of the republic; to work for the civic, cultural, moral, economic, and social development of [the] guatemalans; to contribute to [the] public expenditures, in the form prescribed by the law; to obey the laws; to keep due respect for the authorities; and to render military and social service, in accordance with the law. article 136. political duties and rights the following are the rights and duties of the citizens: to register in the registry of citizens [registro de ciudadanos]; to elect and be elected; to see to the freedom and effectiveness of the suffrage and the purity of the electoral process; to opt for public offices [cargos] to participate in political activities; and to defend the principle of the alternation and the non-reelection of the president of the republic. article 137. right of petition in political matters the right of petition in political matters, corresponds exclusively to [the] guatemalans. any petition in this matter must be resolved and [the person] notified within period not exceeding eight days. if the authority has not resolved it within that time [termino], the petition will be [considered] denied and the interested [person] may interpose the recourses of law. chapter iv. limitation to the constitutional rights article 138. limitation of constitutional rights it is the obligation of the state and of the authorities, [to] maintain the inhabitants of the nation, in the complete enjoyment of their rights guaranteed by the constitution. however, in case of invasion of the territory, [of] grave disturbance of the peace, of activities against the security of the state or of public calamity, the state can suspend the full force of the rights referred to in articles 5, 6, 9, 26, 33, paragraph one of article 35, paragraph two of article 38 and paragraph two of article 116. on determining [concurrir] the existence of any of the cases indicated in the paragraph above, the president of the republic will make the appropriate declaration by means of a decree dictated by the council of ministers and the provisions of the law of public order [ley de orden público] will be applied. in a state of prevention [estado de prevención], this formality will not be necessary. the decree will specify: the motives that justify it; the rights that may not be fully assured; the territory that it affects; and the time that its validity will last. furthermore, within the decree itself, the congress will be convoked, so that within a term of three days, it may take cognizance of the document, ratify it, amend it, or disapprove it. if the congress is in session, it must take cognizance of it immediately. the effects of the decree may not exceed thirty days on each occasion. if before the expiration of this deadline the causes motivating the decree should no longer apply, its effects will be terminated for this reason and any citizen will have the right to seek its revision. should the 30-day deadline be reached, the full validity of the rights will automatically be reestablished, unless a new decree in the same sense is dictated. when guatemala faces a real state of war, the decree will not be subject to the time limits mentioned in the previous paragraph. once the causes that motivated the decree referred to in this article should no longer apply, any person will have the right to infer the legal responsibilities that are consequent, for unnecessary acts and measures unauthorized by the law of public order. article 139. law of public order and states of exception all of what is relative to this matter, is regulated in the constitutional law of public order [ley constitucional de orden público]. the law of public order, shall not affect the functioning of the organs of the state and its members will always enjoy the immunities and prerogatives that the law recognizes to them; neither will it affect the functioning of [the] political parties. the law of public order, shall establish the means and the rights that proceed, in accordance with the following gradation: state of prevention; state of alarm; state of public calamity; state of siege; and state of war. title iii. the state chapter i. the state and its form of government article 140. [the] state of guatemala guatemala is a free, independent and sovereign state, organized to guarantee to its inhabitants the enjoyment of their rights and freedoms. its system of government is republican, democratic, and representative. article 141. sovereignty [the] sovereignty is rooted in the people who delegate it, for its exercise, to the legislative, executive, and judicial organs. subordination among them, is prohibited. article 142. of the sovereignty and the territory the state exercises full sovereignty, over [the following]: the national territory integrated by its soil, subsoil, internal waters, [and] the territorial sea to the extent established by the law and the airspace extending over the same; the zone contiguous to the sea adjacent to the territorial sea, for the exercise of specific [determinadas] activities recognized by the international law; and the natural and living resources of the seabed and ocean subsoil and those existing in the waters adjacent to the coast outside of the territorial sea, which constitute the exclusive economic zone, to the extent established by the law, in accordance with international practice. article 143. official language the official language of guatemala, is spanish. the vernacular languages, form part of the cultural heritage of the nation. chapter ii. nationality and citizenship article 144. nationality of origin those born in the territory of the republic of guatemala, [on] guatemalan vessels and aircraft[,] and the children of a guatemalan father or mother, born abroad, are considered native guatemalans of origin. the children of diplomatic officials and of those who perform legally comparable duties are excepted. no native guatemalan can be deprived of his [or her] nationality. article 145. [the] nationality of central americans the nationals by birth of the republics that constituted the federation of central america, if they acquire domicile in guatemala and manifest before the competent authority their wish to become guatemalans, will also be considered guatemalans of origin. in such case they can retain their nationality of origin, without prejudice to what is established in [the] central american treaties or agreements. article 146. naturalization those who obtain their naturalization in accordance with the law are guatemalans. the naturalized guatemalans, have the same rights as those of origin, except for the limitations established in this constitution. article 147. citizenship the guatemalans who are 18 years of age are [considered] guatemalan citizens. the citizens will not have more limitations, than those established by this constitution and the law. article 148. suspension, loss, and recovery of citizenship the citizenship is suspended, lost, and recovered in accordance with the provisions of the law. chapter iii. international relations of the state article 149. of the international relations guatemala will establish norms for [normará] its relations with other states, in accordance with the international principles, rules, and practices with the purpose of contributing to the maintenance of the peace and the freedom, for the respect and defense of human rights, [and] the strengthening of the democratic processes and international institutions that guarantee the mutual and equitable benefit between the states. article 150. of the central american community guatemala, as part of the central american community, will maintain and cultivate relations of cooperation and solidarity with the other states that made up the federation of central america; shall adopt [the] adequate means to put into practice, in a partial or total form, the political or economic unity of central america. the competent authorities are obligated to strengthen the economic integration of central america on the basis of equity. article 151. relations with allied [afines] states the state will maintain relations of friendship, solidarity and cooperation with those states, whose economic, social, and cultural development, are analogous to those of guatemala, with the purpose of finding solutions [that are] appropriate to their common problems and to jointly formulate, policies tending to the progress of the respective nations. title iv. public power chapter i. exercise of the public power article 152. public power the power emanates from the people. its exercise is subject to the limitations established in this constitution and [in] the law. no person, sector of the people [pueblo], armed or political force, may arrogate its exercise. article 153. [the] rule of law [imperio de la ley] the rule of law extends to all the persons who are found on the territory of the republic. article 154. [the] public function; subjection to the law the functionaries are depositories of the authority, [they are] legally responsible for their official conduct, [and they are] subject to the law and never superior to it. the functionaries and public employees are at the service of the state and not of any political party. the public function may not be delegated, except in the cases specified by the law, and it may not be exercised without a previous oath of loyalty to the constitution. article 155. [the] responsibility for violating the law when a dignitary, functionary or worker of the state, in the exercise of his [or her] office, violates the law in prejudice to [the] individuals [particulares], the state or the institution of the state to which he [or she] serves, will be jointly responsible for the damages and prejudices that may have been caused. the civil responsibility of the functionaries and [of] public employees, can be deduced while prescription has not been concluded [consumado], of which [the] term will be 20 years. the criminal responsibility is extinguished, in this case, by the passing of twice the time established by the law for the prescription of the penalty. neither guatemalans nor foreigners may claim from the state, indemnification for the damages or prejudices caused by the movement of armed forces or [by] civil disturbance. article 156. non-obligation of force [no obligatoriedad] of illegal orders no functionary or public employee, civil or military, is obligated to perform manifestly illegal orders or those which involve the commission of a crime. chapter ii. the legislative organ first section. [the] congress article 157. legislative power [potestad] and the composition [integración] of the congress of the republic the legislative power belongs to the congress of the republic, made up of deputies elected directly by the people by universal and secret suffrage, through the system of electoral districts and [by] national list, for a period of four years, being able to be reelected. each one of the departments of the republic, constitutes an electoral district. the municipality of guatemala forms the central district and the other municipalities of the department of guatemala constitute the district of guatemala. for each electoral district a minimum of one deputy must be elected. the law establishes the number of deputies that correspond to each district according to its population. a number equivalent to twenty-five percent of the district deputies shall be directly elected as deputies by [the process of] national list. in case of the definitive absence [falta] of a deputy the office shall be declared vacant. the vacancies shall be filled, as the case may be, by calling the postulate that appears in the respective district list or national list in continuation of the last office awarded. article 158. sessions of the congress the annual period of sessions of the congress is initiated the fourteenth of january of each year without [the] necessity of convocation. the congress will meet in ordinary sessions from the fourteenth of january to the fifteenth of may and from the first of august to the thirtieth of november of each year. it will meet in extraordinary sessions when it is convoked by the permanent commission or by the executive organ to take cognizance of the matters that motivated the convocation. it can take cognizance of other matters with the favorable vote of the absolute majority of the total of the deputies that integrate it. twenty-five percent of the deputies or more have the right to request of the permanent commission the convocation of the congress for sufficient reasons of necessity or [of] public convenience. if it is requested by at least half plus one of the total [number] of deputies, the permanent commission shall proceed immediately to the convocation. article 159. majority for resolutions the resolutions of the congress, must be taken through the favorable vote of the absolute majority of the members that integrate it, except in those cases where the law requires [exija] a special number. article 160. authorization to deputies to perform another office the deputies can hold the office of a minister or functionary of the state or of any other decentralized or autonomous entity. in these cases permission must be granted to them for the period in which their executive responsibilities last. during their temporary absence, it will be proceed in accordance with the last paragraph of article 157. article 161. [the] prerogatives of [the] deputies the deputies are representatives of the people and dignitaries of the nation; as a guarantee for the exercise of their functions they will enjoy, from the day they are declared elected, the following prerogatives: personal immunity from arrest or trial if the supreme court of justice does not previously declare that there is probable cause, after examining the report of the investigating [pesquisidor] judge who will be named for this purpose. the case of flagrante delicto is excepted for which the deputy shall be immediately placed at the provision of the directive board or the permanent commission of the congress for the purpose of the corresponding preliminary hearing [antejuicio]. they may not be held responsible for their opinions, for their initiative and for the manner of handling public business, in the performance of their office. all of the dependencies of the state have the obligation to show [the] deputies the considerations derived of their high investiture. these prerogatives do not authorize arbitrariness, excess of personal initiative, or any type of action tending to undermine the principle of non-reelection for the exercise of the presidency of the republic. only the congress will be competent to judge and qualify if there has been arbitrariness or excess and to impose the pertinent disciplinary sanctions. when the declaration to which paragraph a) in this article refers to has been conducted, those accused are subject to the jurisdiction of the competent judge. if their provisional imprisonment has been decreed[,] they shall be suspended from their functions as long as the imprisonment decree is not revoked. in the case of firm condemnatory sentence, the office shall remain vacant. article 162. requirements for the office of deputy to be elected deputy the candidate must be a guatemalan of origin and be in exercise of his [or her] rights of citizenship. article 163. directive board [junta directiva] and permanent commission each year the congress will elect its directive board. before the closing of its period of ordinary sessions the congress will elect its permanent commission, [which will be] presided over by the president of the congress, [and] which will function while the congress is not in session. the composition and attributions of the directive board and permanent commission will be established in the law of the internal regime [ley de régimen interior]. article 164. prohibitions and compatibilities [the following] may not be deputies: the functionaries and employees of the executive and judicial organs and of the tribunal and office of the comptroller of accounts, as well as the magistrates of the supreme electoral court and the director of the register of citizens; those performing teaching duties and the professionals at the service of social welfare establishments, are excepted from the above-mentioned prohibition; the contractors of public works or enterprises funded by the state or the municipality, their guarantors [fiadores] and those who[,] because of such projects or enterprises, have outstanding claims of their own; the relatives of the president of the republic and of the vice-president up to the fourth degree of consanguinity or second of affinity; those who, having been sentenced in a judgment of accounts [juicio de cuentas], have not fulfilled [solventado] their responsibilities; those who represent the interests of companies or individual persons using [exploten] public services; and the military personnel in active service. if at the time of his [or her] election, or subsequently, the elected [deputy] should be [resultare] included under any of the prohibitions contained in this article, his [or her] seat will be declared vacant. the election of a deputy is null if he [or she] was an official exercising jurisdiction in the electoral district for which he [or she] was a candidate or if he [or she] had exercised jurisdiction three months prior to the date on which the election was held. the position of deputy is compatible with the performance of temporary or special diplomatic missions and with the representation of guatemala in international congresses. second section. attributions of the congress article 165. attributions it corresponds to the congress of the republic: to open and close its periods of sessions; to receive the oath of law from the president and the vice-president of the republic, the president of the judicial organ and give them possession of their offices [cargos]; to accept or not the resignation of the president or the vice-president of the republic. the congress will confirm the authenticity of the respective resignation; to give possession of the presidency of the republic, to the vice-president in case of the definitive or temporary absence of the president; to know with anticipation, for the purpose of temporary succession, of the absence of the president and the vice-president of the republic from [the] national territory. in no case may the president and vice-president be absent simultaneously. to elect the functionaries who, in accordance with the constitution and the law, must be appointed by the congress; to accept or not their resignation and elect the persons who must substitute them; to ignore [desconocer] the president of the republic if, after his [or her] constitutional term has expired, he [or she] continues in the exercise of the office. in such a case, the army will automatically redirect [pasará] to depend on the congress. to declare whether it is appropriate or not to form a cause against the president or the vice-president of the republic, the president or the judges of the supreme court of justice; of the supreme electoral tribunal and of the court of constitutionality, the ministers or the vice-ministers of state when these are in charge of the office, the secretaries of the presidency of the republic, or the under-secretary replacing him [or her], the procurator of human rights, the attorney general [fiscal general] and the procurator general of the nation. any resolution in this respect must be taken with the favorable vote of the twothirds part of the total number of deputies that make up [the] congress; to declare, through the vote of the two-thirds part of the total number of deputies who make up the congress, the physical or mental incapacity of the president of the republic for the exercise of his [or her] duties. the declaration must be based on the prior opinion [dictamen] of a commission of five physicians appointed by the directive board of the corresponding college after a request from congress; to interpellate [interpelar] the ministers of state; and to bestow the honors [condecoraciones] proper to the congress of the republic, on guatemalans and foreigners. all the other attributions assigned to it by the constitution and [the] other laws. article 166. interpellations to ministers the ministers of state, have the obligation to appear in congress, in order to answer the interpellations formulated by one or more deputies. those which refer to diplomatic or pending military operations are excepted. the basic questions must be communicated to the questioned [interpelados] minister or ministers, with forty-eight hours of anticipation. neither the plenary congress, nor any authority, may limit the deputies to the congress in their right to interpellate, qualify the questions or restrict them. any deputy can make the additional questions that are deemed pertinent related to the matter or matters underlying the interpellation and from it will derive the suggestion [planteamiento] of a vote of no confidence which must be requested by four deputies, at least, and carried out [tramitado] without delay, in the same session or in one of the two immediately subsequent ones. article 167. effects of the interpellation when an interpellation is conducted to a minister, he [or she] may not be absent from the country, or decline [excusarse] to answer in any form. if a vote of no confidence of a minister is taken, approved by not less than an absolute majority of the total [number] of deputies in [the] congress, the minister will immediately present his [or her] resignation. the president of the republic can accept it, however, if [when] considered in the council of ministers that the censored act or acts are consistent with the national interest and policy of the government, the interpellated [person] will be able to appeal to the congress within eight days following the date of the vote of no confidence. if this is not done, he [or she] will be considered to be dismissed from his [or her] position and be disqualified from exercising the duty of minister of state for a period of no less than six months. if the affected minister appeals [the matter] before the congress, after hearing the explanations presented and the matter discussed and the interpellation conducted, a vote will be taken on the ratification of no confidence, of which approval will call for the affirmative vote of the two-thirds part of the total number of deputies in congress. should the no confidence vote be ratified, the minister will be considered to be dismissed from his [or her] position immediately. in like manner, it will be proceeded when the vote of no confidence is passed against several ministers but not exceeding four in each case. article 168. assistance of ministers, officials, and employees of the congress the ministers of state are required to attend the sessions of the congress, of the commissions and legislative blocs when they are invited for this purpose. nevertheless, they can attend in any case and participate with voice in all discussions concerning matters of their competence. they can have themselves [be] represented by their vice-ministers. all of the functionaries and public employees are obligated to appear and report to the congress, when the same, its commissions or [its] legislative bocks consider it [as] necessary. article 169. call for elections by the congress it is the obligation of the congress, or in its defect of the permanent commission, to convoke without delay for general elections if on the date indicated by the law, the supreme electoral tribunal has not done so. article 170. specific attributions the specific attributions of [the] congress are the following: to qualify the credentials that the supreme electoral tribunal will extend to the elected deputies; to appoint and remove its administrative personnel. the relations of the legislative organ with its administrative, technical, and service personnel, will be regulated by a specific law, which will establish the regime of classification, wages, discipline, and dismissals; the labor benefits of the personnel of the legislative organ, which may have be obtained by law, internal agreement, resolution, or by custom, may not be diminished or distorted [tergiversadas]; to accept or not the resignations that its members may present; to call the substitute deputies in case of death, resignation, nullification of the election, temporary permit or impossibility of participating [concurrir] of the proprietary [persons]; and to elaborate and approve its budget, for inclusion in the one of the state. article 171. other attributions of the congress [the following attributions] also correspond to the congress: to decree, to reform and to abrogate [derogar] the laws; to approve, modify or disapprove the budget of revenues and expenditures of the state at the latest 30 days prior to its entrance into effect. the executive must send the budget bill to the congress with one hundred and twenty days notice prior to the start of the fiscal year. if by the time the fiscal year begins, the budget has not been approved by the congress, the budget in effect in the previous fiscal year will again be valid, which can be modified or adjusted by the congress; to decree [the] ordinary and extraordinary taxes in accordance with the needs of the state and [to] determine the bases of their collection; to approve or disapprove annually, in all or in part, with the previous report of the office of the comptroller of accounts, the detail and justification of all revenues and expenditures of the public finances, presented by the executive concerning the previous fiscal year; to decree public honors for major services rendered to the nation. in no case may they be granted to the president or the vice-president of the republic, during the time of their government, or to any other functionary in the exercise of his [or her] office; to declare war and approve or disapprove peace treaties; to decree amnesty for political and related common crimes when public convenience demands it; to establish the characteristics of the currency, with the opinion of the monetary board; to contract, convert, consolidate or effect other operations relative to the internal or external public debt. in all cases the opinions of the executive and of the monetary board must be previously heard; for the executive, the central bank or any other state entity to be able to conduct negotiations regarding loans or other forms of indebtedness, internally or externally, the prior approval of the congress will be necessary, as well as to issue all types of obligations; to approve or disapprove bills of law relating to claims against the state, on account of unrecognized credits, to be submitted to its cognizance by the executive and to report special allowances for their settlement or amortization. [to] see to it that the credits owed by the state and its institutions consequent on court judgments are duly paid; to decree, at the request of the executive organ, [the] reparations or indemnifications in case of international claims, when there is no recourse for arbitration or international trial; to approve, before their ratification, the treaties, agreements, or any international settlement when: they affect the existing laws where this constitution may require the same majority of votes; they affect the power of the nation, establish the economic or political union of central america, whether partially or totally, or attribute or transfer competences to organs, institutions, or mechanisms created, within a communitarian juridical order to realize regional and common objectives in the central american area [ámbito]; they obligate the state financially, in proportion that it exceeds one percent of the budget of the ordinary revenues or when the amount of the obligation is indeterminate; they constitute a commitment to submit any matter to an international judicial or arbitration decision; they contain a general arbitration clause or one for submission to an international jurisdiction; and to appoint commissions of investigation in specific matters of the public administration, which may involve problems of national interest. article 172. qualified majority to approve before their ratification, with the vote of the two-thirds part of the total number of deputies who integrate the congress, the treaties, agreements, or any international settlement, when: they refer to the passage of foreign armed forces through the national territory or the temporary establishment of foreign military bases; and they affect or can affect the security of the state or put an end to a state of war. article 173. consultation procedure the political decisions of special significance [trascendencia] must be submitted to a [popular] consultation procedure involving all citizens. the consultation will be called by the supreme electoral tribunal at the initiative of the president of the republic or of the congress of the republic, which will determine precisely the question or [the] questions to be submitted to the citizens. the constitutional electoral law [ley constitucional electoral] shall regulate what is relative to this institution. third section. formation and sanction of the law article 174. [the] initiative of law the deputies of congress, the executive organ, the supreme court of justice, the university of san carlos de guatemala, and the supreme electoral tribunal have initiative for the formation of the laws. article 175. constitutional hierarchy no law may contradict the provisions of the constitution. the laws that violate or distort [tergiversen] the constitutional mandates are null ipso jure. the laws qualified as constitutional require, for their reform, the vote of the twothirds part of the total number of deputies that integrate the congress, prior to the favorable ruling of the court of constitutionality. article 176. presentation and discussion when a bill of law is presented the procedure specified by the organic law and [the] interior regime of the legislative organ shall be observed. it will be discussed at three different sessions held on three different days, and it will not be possible to vote on the bill until it will be considered to have been sufficiently discussed at the third session. those cases where the congress declares a national emergency by a vote of the two-thirds part of the total number of deputies that integrate it[,] are excepted. article 177. approval, sanction, and promulgation once a bill of law is approved, the directive board of the congress of the republic, within a term not exceeding ten days, shall send it to the executive for its sanction, promulgation and publication. article 178. veto within 15 days of receiving the decree and with prior approval of the council of ministers, the president of the republic can return it to [the] congress with the observations deemed pertinent, in exercise of his [or her] right of veto. the laws may not be vetoed partially. should the executive not return the decree within fifteen days from the date of its reception, it will be considered to have been sanctioned and the congress must promulgate it as a law within the subsequent eight days. should the congress close its sessions before [the] expiration of the deadline within which the veto can be exercised, the executive must return the decree within the first eight days of the ordinary sessions of the subsequent period. article 179. legislative primacy once the decree is sent back to [the] congress, the directive board must bring it to the attention of the plenary in the next session, and the congress may reconsider it or reject it during a period not to exceed thirty days. if the observations made by the executive are not accepted and the congress rejects the veto by the vote of the two-thirds part of its members, the executive must, obligatorily, approve and promulgate the decree within the eight subsequent days after its reception. should the executive not do so, the directive board of the congress shall order its publication within a period not to exceed three days so it may enter into effect as a law of the republic. article 180. validity the law enters into force across the national territory, eight days following its integral publication in the diario oficial [official gazette], unless the said law should expand or restrict this period or its territorial area [ambito territorial] of application. article 181. dispositions of the congress the dispositions of the congress concerning its interior regime and the contents of articles 165 and 170 of this constitution do not require the sanction of the executive. chapter iii. [the] executive organ first section. [the] president of the republic article 182. the presidency of the republic and the composition of the executive organ the president of the republic is the head of [the] state of guatemala and [he or she] exercises the functions of the executive organ through the mandate of the people. the president of the republic shall always act together with the ministers, in council or separately with one or more of them; he [or she] is the general commander of the army, represents the national unity and shall watch over the interests of the entire population of the republic. the president of the republic along with the vice-president, the ministers, the vice-ministers and [the] other dependent functionaries integrate the executive organ and [they] are prohibited from favoring any political party. article 183. [the] functions of the president of the republic the following are [the] functions of the president of the republic: to comply with[,] and have complied with[,] the constitution and the laws; to provide for the defense and the security of the nation, as well as the conservation of the public order; to exercise the command of the armed forces of the nation with all the corresponding functions and attributions; to exercise the command of the entire public force; to sanction, to promulgate, to execute, and to cause the execution of the laws, to dictate decrees authorized by the constitution, as well as the agreements, regulations and orders for the strict compliance of the laws, without altering their spirit; to dictate the provisions that may be necessary in the cases of grave emergency or public calamity, having to give account to the congress in its immediate sessions; to present initiatives of law to the congress of the republic; to exercise the right of veto concerning the laws issued by the congress, except in those cases where the approval of the executive may not be necessary in accordance with the constitution; to present annually to the congress of the republic, at the start of its period of sessions, a written report on the general situation of the republic and the actions [negocios] of his [or her] administration conducted during the previous year; to submit annually to the congress, for its approval, with no less than one hundred and twenty days notice from the start of the fiscal year through the respective ministry, the bill of the budget detailing the revenues and expenditures of the state. should the congress not be in session, it must hold extraordinary sessions to take cognizance of the bill; to submit to the consideration of the congress for its approval, and prior to its ratification, the treaties and agreements [convenios] of international character and the contracts and concessions concerning public services; to call the legislative organ into extraordinary sessions when the interests of the republic demand it; to coordinate in the council of ministers, the policy of development of the nation; to preside over the council of ministers and exercise the position of hierarchical superior of the functionaries and employees of the executive organ; to maintain the territorial integrity and dignity of the nation; to direct [the] foreign policy and [the] international relations; to celebrate, ratify, and denounce treaties and agreements in accordance with the constitution; to receive diplomatic representatives as well as to issue and withdraw the recognition of consuls; to administer public finance [hacienda] in accordance with the law; to relieve [exonerar] from fines and surtaxes those taxpayers who may have incurred in them for not settling their taxes within the legal deadlines or for acts or omissions in the administrative order; to appoint and remove the ministers of state, [the] vice-ministers, [the] secretaries and [the] sub-secretaries of the presidency, [the] ambassadors and [the] other officials which correspond to him [or her] in accordance with the law. to grant retirement benefits, pensions, and allowances [montepíos] in accordance with the law; to grant decorations [condecoraciones] to guatemalans and foreigners; to inform the congress of the republic of the intention of any travel that he [or she] may have completed outside of national territory and of its result within fifteen days of its completion; to submit every four months to the congress of the republic, for its knowledge and control, through the respective ministry, an analytical report on budgetary performance; and all of the other functions assigned to him [or her] by this constitution or the law. article 184. election of the president and [the] vice-president of the republic the president and [the] vice-president of the republic will be elected by the people through universal and secret suffrage and for a single term of four years. if none of the candidates should secure an absolute majority it will be proceeded to a second election within a period no longer than sixty[,] or less than forty-five days, counting from the first sunday, between the candidates who have won the two highest relative number of votes. article 185. requirements to opt for the positions of president and vice-president of the republic the guatemalans of origin who are citizens in good standing and who are above forty years of age can opt for the office of president or vice-president of the republic. article 186. prohibitions to opt for the offices of president or vice-president of the republic the following may not opt for the offices of president or vice-president of the republic: the leader [caudillo] or the chiefs of a coup d'état [golpe de estado], armed revolution or similar movement, who have altered the constitutional order, or those who as a consequence of such events have assumed the leadership of the government; the person exercising the position of president or vice-president of the republic when elections are held for such office, or [the one] who has exercised same for any duration within the presidential term in which the elections are held; the relatives to the fourth degree of consanguinity and second of affinity of the president or [the] vice-president of the republic, when the latter exercises the office of the president, and those of the persons referred to in the first paragraph of this article; the person who may have been minister of state, for any period during the six months prior to the election; the members of the army, unless they have resigned [de baja] or retired for at least five years before the date of the convocation for elections; the ministers of any religion or cult; and the magistrates of the supreme electoral tribunal. article 187. prohibition of re-election the person who has held for any time the office of [the] president of the republic through a popular election, or the one who has exercised it for more than two years, may not perform the office again in any case. the re-election or extension of the presidential term by any means, are punishable in accordance with the law. the mandate intended to be exercised will be null. article 188. convocation for elections and taking of possession the convocation for elections and the taking of possession by the president and [the] vice-president of the republic, will be governed by what is established in the electoral law and [the law] of political parties. article 189. temporary or absolute absence [falta] of the president of the republic in case of the temporary or absolute absence of the president of the republic, he [or she] will be substituted by the vice-president. if the absence is absolute, the vice-president will assume the functions of the presidency until the termination of the constitutional term, and in case of the permanent absence of both, the person appointed by the congress of the republic will complete the said term following the favorable vote of the two-thirds part of the total number of deputies. second section. [the] vice-president of the republic article 190. [the] vice-president of the republic the vice-president of the republic will exercise the functions of [the] president of the republic in the cases and in the form established by the constitution. he [or she] will be elected on the same ballot as the president of the republic, in an identical form and for the same term. the vice-president must meet the same qualifications as the president of the republic, [he or she] will enjoy similar immunities, and will hold in the hierarchical order of the state, the level immediately below that functionary. article 191. [the] functions of the vice-president the following are the functions of the vice-president of the republic: to participate in the deliberations of the council of ministers with a voice and [a] vote; by designation of the president of the republic, to represent him [or her] with all the privileges [preeminencias] that correspond to him [or her], in official acts and the [acts] of protocol or in other functions; to assist [coadyuvar], with the president of the republic, in the implementation of the general policy of the government; to participate, jointly with the president of the republic, in the formulation of the foreign policy and the international relations, as well as to undertake diplomatic or other missions abroad; to preside over the council of ministers in the absence of the president of the republic; to preside over the organs of assistance [asesoría] of the executive established by the laws; to coordinate the work of the ministers of the state; and to exercise the other attributions established by the constitution and the laws; article 192. absence [falta] of the vice president in case of the absolute absence of the vice-president of the republic, or the resignation of the same, he [or she] will be replaced by the person designated by the congress of the republic, selecting him [or her] from a terna [list of three persons] proposed by the president of the republic; in such cases, the substitute will function until the end of the term with equal functions and privileges. third section. [the] ministers of state article 193. [the] ministries for conducting the businesses of the executive organ, there will be the ministries established by the law, with the attributions and the competence established therein. article 194. functions of the minister each ministry is the responsibility [cargo] of a minister of state who will have the following functions: to exercise jurisdiction over all the dependencies of his [or her] ministry; to appoint and remove the functionaries and employees of his [or her] department [ramo], when it corresponds in accordance with the law; to countersign [refrendar] the decrees, agreements, and regulations dictated by the president of the republic, related to his [or her] office so as to have validity; to present to the president of the republic the plan of work of his [or her] department and an annual report of the works conducted; to present annually to the president of the republic, at the appropriate time, the bill of the budget of his [or her] ministry; to direct, process, resolve, and inspect all the business related to his [or her] ministry; to participate in the deliberations of the council of ministers and to subscribe to the decrees and agreements issued by it; [abrogated] [suprimido] to see to the strict compliance with the laws, the administrative probity and the correct investment of the public funds in the businesses entrusted [confiados] to his [or her] office [cargo]. article 195. [the] council of ministers and their responsibility the president, the vice-president of the republic and the ministers of state, when meeting in session, constitute the council of ministers which takes cognizance of the matters submitted to its consideration by the president of the republic, who convokes it and presides over it. the ministers are responsible for their acts, in accordance with this constitution and the laws, even in the cases where they perform duties by express order of the president. from the decisions of the council of ministers, the ministers who had concurred will be jointly responsible, except for those who made their adverse vote known. article 196. requirements to be [a] minister of state the following are the requirements to be a minister of state: to be guatemalan; to be in enjoyment of the rights of citizenship; and to be thirty years of age or greater. article 197. prohibitions to be minister of state ministers of state may not be: the relatives of the president or [the] vice-president of the republic, as well as those of other ministers of state, up to the fourth degree of consanguinity and second of affinity; those who having been sentenced in a judgment of accounts have not settled their responsibilities; the contractors of projects or enterprises funded [costeen] with funds of the state, [of] its decentralized, autonomous, or semi-autonomous, or municipal entities, its sponsors [fiadores] and whoever has claims pending for said businesses; whoever represents or defends the interests of individual or juridical persons who exploit public services; and the ministers of any religion or cult. in no case may the ministers act as the empowered agents of individual or juridical persons, or oversee the business of individuals [particulares] in any form whatsoever. article 198. report [memoria] of the activities of the ministries the ministers are obligated to present to the congress annually, during the first ten days of the month of february of each year, the report of the activities of their respective departments, which must contain the budgetary execution of their ministry. article 199. obligatory appearance in interpellations the ministers have the obligation to appear before the congress, with the purpose of answering the interpellations addressed to them. article 200. vice-ministers of state in each ministry of state there will be a vice-minister. the same qualifications as for a minister are required of a vice-minister. for the creation of additional vice-ministerial positions, the favorable opinion of the council of ministers will be necessary. article 201. responsibility of the ministers and the vice-ministers the ministers and [the] vice-ministers of state are responsible for their acts, in accordance with what is specified in article 195 of this constitution and what is determined by the law of responsibilities [ley de responsibilidades]. article 202. [the] secretaries of the presidency the president of the republic will have the secretaries that are necessary. the attributions of these will be determined by the law. the general and private secretaries of the presidency of the republic must meet the same requirements that are required for a minister and will enjoy the same prerogatives and immunities. chapter iv. [the] judicial organ first section. general provisions article 203. independence of the judicial organ and the power to judge justice is imparted in accordance with the constitution and the laws of the republic. the power to judge and to promote the execution of what is judged corresponds to the tribunals of justice. the other organs of [the] state must give to the tribunals the assistance they require for the fulfillment of their resolutions. the magistrates and judges are independent in the exercise of their functions and are subjected solely to the constitution of the republic and to the laws. whoever attempts to undermine the independence of the judicial organ, in addition to the [application of the] penalties set by the penal code, [he or she] will be disqualified from exercising any public office. the jurisdictional function is exercised, with absolute exclusivity, by the supreme court of justice and the other tribunals established by the law. no other authority will be able to intervene in the administration of justice. article 204. essential conditions of the administration of justice in all their decisions or sentences, the tribunals of justice will obligatorily observe the principle that the constitution of the republic prevails over any law or treaty. article 205. guarantees of the judicial organ the following are established as [the] guarantees of the judicial organism: functional independence; financial independence; irremovability of the magistrates and judges of the first instance, except in the cases established by the law; and the selection of the personnel. article 206. right of preliminary hearing [antejuicio] for magistrates and judges the magistrates and the judges will enjoy the right of preliminary hearing in the form determined by the law. the congress of the republic is competent to declare if it is appropriate or not to form a cause against the president of the judicial organ and the magistrates of the supreme court of justice. to the latter belongs the competence in relation to the other magistrates and judges. article 207. requirements to be a magistrate or judge the magistrates and [the] judges must be guatemalans of origin, of recognized integrity [honorabilidad], be in enjoyment of their rights of citizenship, and be collegiate lawyers, with the exceptions established by the law regarding this last requirement in connection with [the] specific judges of private jurisdiction and lower-level judges [jueces menores]. the law will establish the number of magistrates, as well as the organization and functioning of the tribunals and the procedures that they must observe, depending on the matter being treated. the function of magistrate or judge is incompatible with any other employment, with directive positions [cargos directovos] in labor unions and political parties, and with the status of minister of any religion. the magistrates of the supreme court of justice will take an oath before the congress of the republic, swearing to apply prompt and impartial justice. the other magistrates and judges will take their oath before the supreme court of justice. article 208. period of functions of the magistrates and judges the magistrates, whatever their category, and the judges of first instance, will remain in their positions for five years, with the possibility of the former being reelected and the latter reappointed. during that term they can neither be removed nor suspended, except in the cases and with the formalities provided for by the law. article 209. appointment of judges and auxiliary personnel the judges, secretaries and auxiliary personnel will be appointed by the supreme court of justice. the judicial career is established. the entries, promotions and advancements will be conducted through opposition. a law will regulate this matter. article 210. [the] law of the civil service of the judicial organ the work relations of the functionaries and employees of the judicial organ will be regulated by its law of civil service [ley de servicio civil]. the judges and magistrates may not be removed, suspended, transferred or retired [jubilados], except for any of the causes and with the guarantees provided for in the law. article 211. instances in all proceedings in no proceeding will there be more than two instances and the magistrate or [the] judge who has exercised jurisdiction in any of them will be barred from participation in the other or in cassation, in the same case, without incurring responsibility. no tribunal or authority may take cognizance of expired [fenecidos] actions, except in the cases and forms of review determined by the law. article 212. specific jurisdiction of the tribunals the common tribunals will take cognizance of all the controversies of private law in which the state, the municipality, or any other decentralized or autonomous entity may act as a party. article 213. budget of the judicial organ it is the attribution of the supreme court of justice to draw up the budget of the branch [ramo]; for that effect, an amount of no less than two percent of the budget of ordinary revenues of the state is allocated to it, to be transferred to the treasury of the judicial organ every month, in proportional and anticipatory form, by the corresponding organ. the funds derived from the administration of justice are exclusive to the judicial organ and their investment corresponds to the supreme court of justice. the judicial organism shall annually publish its programmatic budget and inform the congress of the republic every four months of its extent [alcances] and the analytical exercise of it. second section. [the] supreme court of justice article 214. composition [integración] of the supreme court of justice the supreme court of justice is composed of thirteen magistrates, including its president, and [it] shall be organized into the chambers [cámaras] that it determines. each chamber shall have its president. the president of the judicial organ is also that of the supreme court of justice having authority [that] extends over the tribunals of the entire republic. in the case of the temporary absence [falta] of the president of the judicial organ or when in accordance with the law he [or she] is unable to act or take cognizance of the specified cases, the other magistrates of the supreme court of justice will substitute him [or her], in the order of their designation. article 215. election of the supreme court of justice the magistrates of the supreme court of justice will be elected by the congress of the republic for a period of five years, from a list of twenty-six candidates proposed by a nominating commission composed of a representative of the rectors of the universities of the country, who presides over it, the deans of the faculties of law or [of] juridical and social sciences of each university of the country, an equivalent number of representatives elected by the general assembly of the association of lawyers and notaries of guatemala and by an equal number of representatives elected by the titular magistrates of the court of appeals and other tribunals referred to in article 217 of this constitution. the election of candidates requires the vote of at least the two-thirds part of the members of the commission. in the elections [votaciones], to make up the nominating commission as well as to make up the list of candidates, no representation whatsoever will be accepted. the magistrates of the supreme court of justice will elect, from among their members, with the favorable vote of the two-thirds part, the president of the same, who will remain in his [or her] functions for one year and may not be reelected during this term of the court. article 216. requirements to be a magistrate of the supreme court of justice in order to be elected magistrate of the supreme court of justice, besides the requirements mentioned in article 207 of this constitution, it is necessary that the candidate be over forty years of age and that he [or she] will have completed one full term as judge in the court of appeals or of other collegiate tribunals with similar characteristics, or that he [or she] will have exercised the profession of lawyer for more than ten years. third section. [the] court of appeals and other tribunals article 217. [the] magistrates to be a magistrate in the court of appeals, of the collegiate tribunals and of others that will be created in the same category, besides the requirements mentioned in article 207, it is necessary that the candidate be over thirty-five years of age, that he [or she] will have been [a] judge of the first instance or that he [or she] will have exercised the profession of lawyer for more than five years. the titular magistrates to whom this article refers to will be elected by the congress of the republic, from a nónima [list of candidates] with double the number to be elected, proposed by a nominating commission composed of one representative of the rectors of the universities of the country, who shall preside over it, the deans of the law or [of] juridical and social sciences departments of each university of the country, an equivalent number of members elected by the general assembly of the association of lawyers and notaries of guatemala and by [an] equal number of representatives elected by the magistrates of the supreme court of justice. the election of candidates requires the vote of at least the two-thirds part of the members of the commission. in the elections [votaciones], whether it is to elect the nominating commission or for the integration of the list of candidates, no representation whatsoever will be accepted. article 218. composition [integración] of the court of appeals the court of appeals is composed of the number of chambers [cámaras] determined by the supreme court of justice, which will also determine its location and jurisdiction. article 219. [the] military tribunals the military courts will take cognizance of [the] crimes or faults [faltas] committed by the members [integrantes] of the army of guatemala. no civil may be judged by [the] military tribunals. article 220. [the] tribunals of accounts the judicial function in matters of accounts will be exercised by the judges of first instance and [by] the court of second instance of accounts [tribunal de segunda instancia de cuentas]. against the sentences and the final decisions [autos definitivos] of accounts putting an end to the process in matters [concerning] major amounts, proceeds the recourse of cassation. this recourse is inadmissible in economic-coactive [econmíco-coactivos] proceedings. article 221. [the] contentious-administrative tribunal its function is to control the legality of [the] public administration and it has the attributions to take cognizance in case of dispute through actions or resolutions of the administration and of the decentralized and autonomous entities of the state, as well as in the cases of disputes deriving from [the] administrative contracts and concessions. to resort [ocurrir] to this tribunal, no prior payment or deposit [caución] whatsoever will be necessary. however, the law may establish specific situations where the petitioner must pay interest at the going rate concerning [the] taxes that he [or she] has challenged or contested and whose payment to the tax authorities was delayed because of the recourse. against the resolutions and decrees which end the process, the recourse of cassation may be interposed. article 222. substitute magistrates the magistrates of the supreme court of justice will be substituted by the magistrates of the tribunals referred to in article 217 of this constitution, in accordance with what is established in the law of the judicial organ, provided that they meet the same requirements. the magistrates of the tribunals to which article 217 of this constitution refers shall have as substitutes the magistrates that the congress of the republic has elected for this category. the substitute magistrates will be elected with the same opportunities and in the same form as the titulars and from the same nónima. title v. structure and organization of the state chapter i. electoral political regime article 223. freedom in the formation and functioning of the political organizations the state guarantees the free formation and functioning of the political organizations and they shall only have the limitations determined by this constitution and the law. everything that is related to the exercise of suffrage, the political rights, [the] political organizations, [the] electoral authorities and organs and the electoral process, will be regulated by the constitutional law of the matter. once the convocation to elections has been made, the president of the republic, the functionaries of the executive organ, the mayors and [the] municipal functionaries are prohibited from making propaganda concerning the works [obras] and activities conducted. chapter ii. administrative regime article 224. administrative division for the purpose of its administration, the territory of the republic is divided into departments and these into municipalities. the administration will be decentralized and regions of development will be established with economic, social, and cultural criteria that may be constituted by one or more departments to provide a rationalized impulse to the integral development of the country. however, when it is appropriate for the interests of the nation, the congress can modify the administrative division of the country, establishing a regime of regions, departments, and municipalities, or any other system, without undermining the municipal autonomy. article 225. national council of urban and rural development for the organization and coordination of the public administration, the national council of urban and rural development [consejo nacional de desarollo urbano y rural] is created, coordinated by the president of the republic and structured [integrado] in the form established by the law. this council shall have as its charge [cargo] the formulation of urban and rural development policies, as well as that of territorial ordering. article 226. regional council of urban and rural development the regions which are established according to the law, will have a regional council of urban and rural development [consejo regional de desarollo urbano y rural], presided over by a representative of the president of the republic and made up of the governors of the departments which form the region, by a representative of the municipal corporations of each one of the departments included in the same, and by the representatives of the public and private entities established by the law. the presidents of these councils will be ex officio members of the national council of urban and rural development. article 227. [the] governors the government of [each of] the departments will be the charge [cargo] of a governor appointed by the president of the republic who must meet the same qualifications as a minister of state and [will] enjoy the same immunities, having to be domiciled for the five years prior to his [or her] appointment in the department in order to be appointed. article 228. departmental council in each department there will be a departmental council to be presided over by the governor; it will be integrated by the mayors of all the municipalities and [the] representatives of the organized public and [the] private sectors, with the purpose of promoting the development of the department. article 229. financial contribution of the central government to the departments the regional and departmental councils, shall be entitled to the necessary financial support for their functioning from the central government. article 230. general registry of property the general registry of property, shall be organized so that[,] in each department or region determined specifically by the law, a specific registry [registro] of property and the respective fiscal registry [catastro] are established. article 231. [the] metropolitan region the city of guatemala as [the] capital of the republic and its area of urban influence, will constitute the metropolitan region, integrating [these] into the same corresponding regional development council. the matters relative to the territorial jurisdiction, [the] administrative organization, and [the] financial participation of the central government will be determined by the law of the matter. chapter iii. regime of control and supervision [fiscalización] article 232. office of the comptroller general of accounts [contraloría] the office of the comptroller general of accounts is a decentralized technical institution, with control functions of the revenues, expenditures, and in general [of] all the fiscal interests of the organs of the state, the municipalities, [the] decentralized and autonomous entities, as well as of any person who may receive funds of the state or undertake public collections. also subject to this control are the contractors of public works and any other person who, through the delegation of the state, should invest or administer public funds. its organization, functioning, and attributions shall be determined by the law. article 233. election of the comptroller general of accounts the head of the office of the comptroller general of accounts will be elected for a term of four years by the congress of the republic, by an absolute majority of the total number of deputies that comprise this organ. he [or she] may only be removed by the congress of the republic in cases of negligence, crime, or lack of fitness [falta de idoneidad]. he [or she] will render a report of his [or her] management to the congress of the republic, whenever requested to do so and[,] of office[,] twice a year. he [or she] will enjoy [the] equal immunities as the magistrates of the court of appeals. in no case may the comptroller general of accounts be reelected. the congress of the republic shall carry out the election to which this article refers to from a nómina of six candidates proposed by a nominating commission integrated by a representative of the rectors of the universities of the country, who shall preside over it, the deans of departments that include the career of public accounting and auditing of each university of the country and an equivalent number of representatives elected by the general assembly of the association of economists, public accountants and auditors and business administrators [assemblea general del colegio de economistas, contadores públicos y auditores y administradores de empresas]. the election of [the] candidates requires the vote of at least the two-thirds part of the members of the such commission. in the elections [votaciones], to make up the nominating commission as well as to make up the nómina of candidates, no representation whatsoever will be accepted. article 234. qualifications of the comptroller general of accounts the comptroller general of accounts shall be the head of the office of the comptroller general of accounts and [he or she] shall be over forty years of age, [a] guatemalan, a public accountant and auditor, of recognized integrity and professional prestige, be in the enjoyment of his [or her] rights of citizenship, not being involved in a lawsuit pertaining to matters of accounts, and having previously exercised his [or her] profession for [a period of] at least ten years. article 235. faculties of the comptroller general of accounts the comptroller general of accounts has the faculty to appoint and remove the functionaries and employees of the various agencies of the office of the comptroller general of accounts and to appoint auditors [interventores] in the matters of its competence, all of this in accordance with the law of civil service. article 236. legal recourses against the acts and resolutions of the office of the comptroller general of accounts, the judicial and administrative recourses specified by the law proceed. chapter iv. [the] financial regime article 237. [the] general budget of [the] revenues and expenditures of the state the general budget of [the] revenues and expenditures of the state [presupuesto general de ingresos y egresos del estado], approved for each fiscal year, in accordance with what is established in this constitution, will include the estimate of all revenues to be obtained and a detailed account of expenditures and [the] investments to be made. the unifications of the budget is obligatory and its structure is programmatic. all of the revenues of the state constitute a common indivisible fund destined exclusively to cover its expenditures. the organs, [and] the decentralized and autonomous entities may have budgets and private funds when the law so provides, their budgets will obligatorily be sent annually to the executive organ and to the congress of the republic, for their information and inclusion into the general budget and will, additionally[,] be subject to the control and supervision of the corresponding organs of the state. the law may establish other cases in which the funds of dependencies of the executive will be administered in [a] private form to assure their efficiency. the noncompliance with this provision is punishable and the functionaries under whose direction the dependencies function shall be held personally responsible. [the] confidential expenditures, [and] any expenditure that cannot be verified or that is not subject to inspection may not be included in the general budget of [the] revenues and expenditures of the state. this provision is applicable to the budgets of any organ, institution, business or autonomous or decentralized entity. the general budget of [the] revenues and expenditures of the state and its analytical execution are public documents, accessible to any citizen who would like to consult them, to which effect the ministry of public finances shall arrange that copies of it are available [obren] in the national library, the general archive of central america and the libraries of the universities of the country. the other institutions of the government and the decentralized and autonomous entities that manage their own budgets shall proceed in equal form. the public functionary that impedes or makes consultation difficult will incur in penal responsibility. the organs or entities of the state that dispose of private funds are obligated to annually publish in detail their origin and application, properly audited by the office of the comptroller general of accounts. the aforementioned publication shall be made in the diario oficial [official gazette] within the six months following the closing of each fiscal year. article 238. [the] organic law of the budget the organic law of the budget will regulate: the formulation, execution, and liquidation of the general budget of [the] revenues and expenditures of the state and the norms that according to this constitution are submitted for discussion and approval; in those cases where funds may be transferred within the total allocated for each organ, dependency, [or] decentralized or autonomous entity, the transfer of items must be reported immediately to the congress of the republic and to the office of the comptroller general of accounts; the funds of investment programs may not be transferred to programs of [the] functioning or [the] payment of the public debt. the use of [the] economies and the investment of any eventual surplus and revenues; the standards and regulations to which all matters relative to the domestic and foreign public debt, their amortization and settlement, are subject; the measures of control and supervision of entities that dispose of privative funds, concerning the approval and execution of their budget; the form and quantity of [the] remuneration of all the functionaries and public employees, including those of the decentralized and autonomous entities. it will regulate specifically those cases where some functionaries, exceptionally and by being necessary for the public service, receive expenses of representation. any other forms of remuneration are prohibited, and whoever authorizes them will be personally responsible; the form of verifying [the] public expenditures; and the forms of collecting the public revenues. when a work or service is contracted that lasts for two or more fiscal years, the necessary funds shall be adequately provisioned for its completion within the corresponding budgets. article 239. principle of legality it corresponds exclusively to the congress of the republic, to decree [the] ordinary and extraordinary taxes, [the] assessments [arbitrios], and [the] special contributions in accordance with the needs of the state and in accordance with [an] equitable and tributary justice, as well as how to determine the bases of collection, especially those following: the generating event [hecho generador] of the taxable relationship; the exemptions [exenciones]; the taxpayer [sujeto pasivo] and the unified responsibility; the taxable base and the type of taxation; the deductions, the discounts, [the] reductions and charges; and the tax infractions and sanctions. the provisions, hierarchically inferior to the law, which contradict or distort the legal norms regulating the bases of tax collection, are null ipso jure. the regulatory provisions may not modify the mentioned bases and shall establish norms to specify [matters] relative to the administrative collection of [the] taxes and to establish the procedures facilitating their collection. article 240. [the] source of [the] investments and expenditures of the state any law which involves the investments and [the] expenditures of the state, must indicate the source from which the funds designated to cover them will originate. if the investment or the expense is not included and identified in the general budget of [the] revenues and expenditures of the state approved for the respective fiscal year, the budget may not be extended [ampliado] by the congress of the republic without the favorable opinion of the executive organ. if the opinion of the executive organ should be unfavorable, the congress of the republic may only approve the extension with the vote of at least the two-thirds part of the total number of deputies that integrate it. article 241. [the] rendering of [the] accounts of the state the executive organ will annually present to the congress of the republic the rendering of [the] accounts of the state. the respective minister will formulate the liquidation of the annual budget and will bring it to the attention of the office of the comptroller general of accounts within the first three months of each year. once the liquidation is received, the office of the comptroller general of accounts will issue a report [dictamen] and will [also] issue an opinion within [a term of] no more than two months, which report he [or she] must remit to the congress of the republic, which will approve or disapprove the liquidation. in case of disapproval [improbación], the congress of the republic must request the appropriate reports or explanations and[,] if due to punishable causes[,] the result will be certified to the public ministry. once the liquidation of the budget is approved, a summary of the financial statements of the state will be published in the diario oficial. the organs and decentralized or autonomous entities of the state, having their own budget, will present to the congress of the republic in the same form and within the same period the corresponding liquidation, to satisfy the principle of unity in the control [fiscalización] of the revenues and expenditures of the state. article 242. fund of guarantee with the purpose of financing the economic and social development programs conducted by the nonprofit organizations of the private sector, legally recognized in the country, the state will constitute a specific fund of guarantee from its own resources, [and those] of decentralized or autonomous entities, of private contributions or of international origin. a law will regulate this matter. article 243. principle of [the] capacity [capcidad] to pay the taxation system must be just and equitable. for that purpose the tax laws will be based on the principle of the capacity to pay. confiscatory taxes and double or multiple domestic taxation are prohibited. there is double or multiple taxation when the same taxable event[hecho,] attributable to the same passive subject [sujeto passivo,] is levied [gravado] two or more times, by one or more subjects with taxing power, and for the same event [evento] or tax period. when this constitution is promulgated, the cases of double or multiple taxation must be eliminated progressively in order not to hinder the tax authorities. chapter v. [the] army article 244. [the] integration, organization, and objectives [fines] of the army the army of guatemala, is an institution destined to maintain the independence, sovereignty, and [the] honor of guatemala, its territorial integrity, [the] peace, and [the] internal and external security. it is unique and indivisible, essentially professional, apolitical, obedient, and non-deliberative. it is composed of ground, air and naval forces. its organization is hierarchical and it is based on the principles of discipline and obedience. article 245. prohibition of illegal armed groups the organization and functioning of armed groups unregulated by the laws of the republic and its regulations[,] is punishable. article 246. responsibilities [cargos] and attributions of the president in the army the president of the republic is the commander general of the army and will convey his [or her] orders through the general officer or colonel or its equivalent in the navy [marina de guerra], who holds the position of minister of national defense. in that capacity he [or she] has the attributions mentioned in the law and especially the following: to decree the mobilization and demobilization; and to grant promotions to the officers [de la oficialidad] in the army of guatemala in time of peace and war as well as to confer military decorations and honors in the cases and forms established by the constitutive law of the army [ley constitutiva de ejército] and [the] other laws and military regulations. he [or she] may, likewise, approve extraordinary pensions. article 247. requirements to be an officer of the army to be an officer of the army of guatemala, the candidate must be a guatemalan of origin and never have adopted a foreign citizenship. article 248. prohibitions the members [integrantes] of the army on active duty, may not exercise their right of suffrage, or the right of petition in political matters. neither may they exercise the right of petition in a collective form. article 249. cooperation of the army the army will lend its cooperation in emergency situations or public calamity. article 250. legal regime of the armed forces the army of guatemala is governed according to what is established in constitution, its constituent law and [the] other military laws and regulations. chapter vi. the public ministry and the office of the procurator general of the nation article 251. the public ministry the public ministry is an auxiliary institution of the public administration and of the tribunals with autonomous functions, whose principal goals are to see to the strict fulfillment of the laws of the country. its organization and functioning will be regulated by its organic law. the head of the public ministry shall be the attorney general [fiscal general] of the republic and the exercise of the public penal action corresponds to him [or her]. he [or she] shall be a collegiate lawyer, and have the same qualities as the magistrates of the supreme court of justice and he [or she] shall be appointed by the president of the republic from a nómina of six candidates proposed by a nominating commission, integrated by the president of the supreme court of justice, who shall preside over it, the deans of the departments or [of] law and social and juridical sciences of the universities of the country, the president of the directive board of the association of lawyers and notaries of guatemala and the president of the tribunal of honor of the that association [colegio]. the election of the candidates requires the vote of at least the two-thirds part of the members of the commission. in the elections [votaciones], to make up the nominating commission as well as to make up the nómina of candidates, no representation whatsoever will be accepted. the attorney general of the nation will remain four years in the exercise of his [or her] functions and shall have the same privileges and immunities as the magistrates of the supreme court of justice. the president of the republic can remove him [or her] for a duly established justified cause. article 252. the office of the procurator general of the nation the office of the procurator general of the nation [procuraduría general de la nación] has at its charge [cargo] the advisory and consultative activities for the state organs and entities. its organization and functioning is regulated by its organic law. the procurator general of the nation exercises the representation of the state and is the head of the office of the procurator general of the nation. the procurator general of the nation will be appointed by the president of the republic, who will also be able to remove him [or her] on account of a duly established justified cause. to be the procurator general of the nation, the candidate must be a collegiate lawyer and to have the same qualities corresponding to a magistrate of the supreme court of justice. the procurator general of the nation will remain four years in the exercise of his [or her] functions and shall have the same privileges and immunities as the magistrates of the supreme court of justice. chapter vii. [the] municipal regime article 253. [the] municipal autonomy the municipalities of the republic of guatemala are autonomous institutions. it corresponds to them to, among other functions: to elect their own authorities; to obtain and dispose of their resources; and to attend to the local public services, the territorial order of their jurisdiction, and the fulfillment of their own objectives. for the corresponding effects they will issue the appropriate orders and regulations. article 254. [the] municipal government the municipal government shall be administered by a council, which is comprised of the mayor, the representatives [síndicos], and the councilmen [concejales], elected directly by universal and secret suffrage for a period of four years, [and] who may be reelected. article 255. [the] economic resources of the municipality the municipal corporations must procure the economic strengthening of their respective municipalities in order to be able to conduct the projects and render those services that may be necessary for them. the collection [captación] of resources must be adjusted to the principle established in article 239 of this constitution, to the law and the needs of the municipalities. article 256. [abrogated by legislative accord no. 18-93 of 17 november 1993] article 257. allocation for the municipalities the executive organ shall annually include in the general budget of [the] ordinary revenues of the state, ten percent of it for the municipalities of the country. this percentage shall be distributed in the form established by the law and at least ninety percent shall be allocated to educational, preventative health, infrastructure and public services programs and projects that improve the quality of life of the inhabitants. the remaining ten percent shall be used to finance costs of functioning. any additional allocation for the municipalities within the general budget of [the] revenues and expenditures of the state, which does not originate from the distribution of the percentages that by the law corresponds to [each of] them from specific taxes[,] is prohibited. article 258. right of [the] mayors to [a] preliminary hearing the mayors may not be arrested or tried, without a prior finding of cause by the competent judicial authority, except in cases of flagrante delicto. article 259. court of municipal affairs for the execution of their ordinances and the fulfillment of their provisions, the municipalities may create, in accordance with the law, their court of municipal affairs and their police corps in accordance with their resources and necessities, which shall function under the direct orders of the mayor. article 260. privileges and guarantees of [the] municipal assets [bienes] the assets, revenues, assessments, and taxes are the exclusive property of the municipality and will enjoy the same guarantees and privileges as [the] property of the state. article 261. prohibitions against exemption from taxes or municipal assessments no organ of the state has the faculty to exempt natural or juridical persons from taxes or municipal assessments, except for the municipalities themselves and in accordance with what is established by this constitution. article 262. [the] law of [the] municipal service the labor relations of the functionaries and employees of the municipalities, will be regulated by the law of [the] municipal service [ley de servicio municipal]. title vi. constitutional guarantees and defense of the constitutional order chapter i. [the recourse of] personal exhibition article 263. [the] right to [the recourse of] personal exhibition whoever finds himself [or herself] illegally imprisoned, detained, or restrained in any other way in the enjoyment of their individual freedom, threatened with the loss of the same, or suffers ill-treatment [vejámenes], even when the imprisonment or detention is based on the law, has the right to petition for an immediate exhibition before the tribunals of justice for the purpose of restitution of[,] or guaranteeing of[,] liberty, of bringing the ill-treatment to an end, or terminating the constraint to which he [or she] has been subject. if the tribunal decrees the liberty of the illegally confined [recluida] person, the same will be freed at the same hearing and place. when it is so petitioned or the judge or tribunal deems it pertinent, the requested [recourse of personal] exhibition will occur at the location where the detained person is being held, without previous opinion [aviso] or notification. the [recourse of] personal exhibition of the detainee in which favor it was requested is unavoidable [es ineludible]. article 264. responsibilities of the offenders [infractores] the authorities who order the concealment [ocultamiento] of the detainee or who refuse to present him [or her] to the respective tribunal or who in any form evade this guarantee, as well as the executive agents, will be guilty of the offense of abduction and will be sanctioned in accordance with the law. if as a result of the proceedings [diligencias] pursued the person benefitting from the [recourse of] personal exhibition may not be located, the tribunal will order[,] of office[,] immediately an investigation of the case until its total clarification. chapter ii. the recourse of] amparo article 265. [the] proceeding of [the recourse of] amparo [the recourse of] amparo is instituted for the purpose of protecting persons against the threats of violations of their rights or to restore the rule of the same when the violation has occurred. there is no area which is not subject to [the recourse of] amparo, and it will always proceed whenever the acts, resolutions, provisions, or laws of [an] authority should imply a threat, restraint, or violation of the rights which the constitution and the laws guarantee. chapter iii. [the] unconstitutionality of the laws article 266. [the] unconstitutionality of the laws in specific cases in specific cases, in every process of whatever competence or jurisdiction, in any instance and in cassation and even before a sentence is decreed, the parties will be able to present as an action [acción], plea [excepción], or incidental issue [incidente], the total or partial unconstitutionality of a law. the tribunal must decide concerning it. article 267. [the] unconstitutionality of the laws of general character the actions against the laws, regulations or provisions of a general character which contain a partial or total defect [vicio] of unconstitutionality, will be heard directly before the tribunal or court of constitutionality. chapter iv. [the] court of constitutionality article 268. [the] essential function of the court of constitutionality the court of constitutionality is a permanent tribunal of privative jurisdiction, of which the essential function is the defense of the constitutional order; [it] acts as a collegiate tribunal with independence from the other organs of the state and exercises [the] specific functions assigned to it by the constitution and the law of the matter. the economic independence of the court of constitutionality, will be guaranteed through a percentage of the revenues that correspond to the judicial organ. article 269. integration of the court of constitutionality the court of constitutionality is integrated by five titular magistrates, each of whom will have his [or her] respective substitute. when it takes cognizance of matters of unconstitutionality against the supreme court of justice, the congress of the republic, or the president or [the] vice-president of the republic, the number of its members [integrantes] will be raised to seven, with the other two magistrates being selected from a drawing among the substitutes. the magistrates will remain in their functions for five years and [they] will be appointed in the following manner: one magistrate by the plenary of the supreme court of justice; one magistrate by the plenary of the congress of the republic; one magistrate by the president of the republic in the council of ministers; one magistrate by the superior university council of the university of san carlos de guatemala; and one magistrate by the assembly of the college of attorneys. simultaneously with the appointment of the titular, that of the respective substitute will be made, before the congress of the republic. the installation of the court of constitutionality will become effective ninety days after that of the congress of the republic. article 270. requirements of the magistrates of the court of constitutionality in order to be a magistrate of the court of constitutionality, the following requirements must be met: to be a guatemalan of origin; to be a collegiate attorney belonging to the college of attorneys; to be of recognized integrity [honorabilidad]; and to have at least fifteen years of professional experience [graduación]. the magistrates of the court of constitutionality will enjoy the same privileges and immunities as the magistrates of the supreme court of justice. article 271. [the] presidency of the court of constitutionality the presidency of the court of constitutionality will be performed by the same titular magistrates that compose it, in rotating form, for a period of one year, commencing with the oldest [member] and following in descending order of age. article 272. functions of the court of constitutionality the court of constitutionality has the following functions: to take cognizance in sole [unique] instance of the challenges interposed against the laws or provisions of general character, objected to for partial or total unconstitutionality; to take cognizance in sole instance in its status of extraordinary tribunal of [the recourse of] amparo, of actions of amparo interposed against the congress of the republic, the supreme court of justice, [or] the president or [the] vice-president of the republic; to take cognizance on appeal of all [recourses of] amparo interposed before any of the tribunals of justice. if the appeal should be against a resolution of amparo of the supreme court of justice, the court of constitutionality shall be expanded by two members [vocales] in the form specified in article 268; to take cognizance on appeal of all the challenges against the laws objected to for unconstitutionality in specific cases, in any trial, in cassation, or in the cases contemplated by the law in the matter; to issue an opinion regarding the constitutionality of treaties, agreements, and bills of law at the request of any of the organs of the state; to take cognizance and resolve [the] issues concerning to any conflict of jurisdiction in matters of constitutionality; to compile the doctrine and constitutional principles that have been invoked with the purpose of resolving them through [the recourse of] amparo and [through the recourse] of unconstitutionality of the laws, [and] maintain the jurisprudential bulletin or gazette; to issue an opinion on the unconstitutionality of the laws vetoed by the executive alleging unconstitutionality; and to act, to render opinions [opinar], to dictate, or to take cognizance of those matters under its competence established in the constitution of the republic. chapter v. [the] commission and [the] procurator of human rights article 273. [the] human rights commission and [the] procurator of the commission the congress of the republic will appoint a commission of human rights formed by a deputy for each political party represented in the corresponding period. this commission shall propose to the congress three candidates for the election of a procurator, who must meet the requirements of a magistrate of the supreme court of justice and will enjoy the same immunities and privileges as the deputies to congress. the law will regulate the attributions of the commission and of the procurator of human rights to which this article refers. article 274. [the] procurator of human rights the procurator of human rights is a commissioner [comisionado] of the congress of the republic for the defense of the human rights guaranteed by the constitution. he [or she] will have the faculties to supervise the administration; will exercise the office for a term of five years, and will render an annual report to the plenary of the congress, with which he [or she] will relate through the commission of human rights. article 275. attributions of the procurator of human rights the procurator of human rights has the following attributions: to promote the adequate [buen] functioning and expediting [agilización] of the government administration, in matters of human rights; to investigate and denounce [the] administrative behavior that is detrimental to the interests of persons; to investigate every type of denunciations that may be brought by any person regarding the violations of human rights; to recommend privately or publicly to the functionaries the modification of any administrative behavior objected to; to issue public censure for acts or behavior against the constitutional rights; to promote actions or recourses, judicial or administrative, in those cases in which they proceed; and the other functions and attributions assigned to him [or her] by the law. the procurator of human rights, of office[,] or at the instance of a person, will act with due diligence so that, during the regime of exception, the fundamental rights whose application may not have been expressly restrained may be fully guaranteed. for the fulfillment of his [or her] functions[,] every day and all hours are considered working [hours]. chapter vi. law of [the recourses of] amparo, personal exhibition and constitutionality article 276. constitutional law in the matter a constitutional law will develop the matters relative to [the recourse of] amparo, personal exhibition and the constitutionality of the laws. title vii. reforms to the constitution sole chapter. reforms to the constitution article 277. initiative the following have the initiative to propose reforms to the constitution: the president of the republic in the council of ministers; ten or more deputies to the congress of the republic; the court of constitutionality; and the people [el pueblo] through a petition directed to the congress of the republic, by not fewer than five thousand citizens duly registered [empadronados] in the registry of citizens. in any of the above-mentioned cases, the congress of the republic must address the raised issue without any delay. article 278. national constituent assembly in order to reform this or any article contained in chapter i of title ii of this constitution, it is indispensable that the congress of the republic, with the affirmative vote of the two-thirds part of the members that integrate it, to convoke a national constituent assembly. in the decree of convocation[,] the article or articles to be reformed shall be specified[,] and it shall be communicated to the supreme electoral tribunal so that it may determine the date when the elections will be held within the maximum deadline of one hundred twenty days, proceeding in the other respects in accordance with the constitutional electoral law. article 279. [the] deputies to the national constituent assembly the national constituent assembly and the congress of the republic may function simultaneously. the qualities required to be [a] deputy to the national constituent assembly are the same as those that are required to be a deputy of the congress, and the constituent deputies shall enjoy equal immunities and privileges. one may not be[,] simultaneously[,] a deputy to the national constituent assembly and to the congress of the republic. the elections of [the] deputies to the national constituent assembly, the number of deputies to be elected, and the other related questions, [together] with the electoral process will be governed in equal form as for the elections to the congress of the republic. article 280. reforms by the congress and [the] popular consultation for any other constitutional reform, it will be necessary for the congress of the republic to approve it with an affirmative vote of the two-thirds part of the total number of deputies. the reforms will not enter into effect unless they are ratified through the popular consultation referred to in article 173 of this constitution. if the result of the popular consultation were to ratify the reform, it will enter into effect sixty days after the supreme electoral court announces the result of the consultation. article 281. articles not subject to reform in no case may articles 140, 141, 165 paragraph g) , 186, and 187 be reformed, nor may any question concerning the republican form of government, [or] to the principle of the non-reelection for the exercise of the presidency of the republic[,] be raised in any form, neither may the effectiveness or application of the articles that provide for alternating the tenure of the presidency of the republic be suspended or their content [be] changed or modified in any other way. title viii. transitory and final provisions sole chapter. transitory and final provisions article 1. law of the civil service of the legislative organ the specific law that governs the relations of the legislative organ with its personnel, must be issued within the thirty days following the installation of such organ. article 2. lower level [menores] courts no municipal authority shall perform judicial functions, so that within a time no greater than two years from the effectiveness of this constitution, the lower level courts must be severed from the municipalities of the country and the judicial organ shall appoint the specific authorities, regionalizing and appointing judges where it corresponds. within this time, the laws and other provisions necessary for the appropriate compliance of this article must be adopted. article 3. conservation of nationality whoever has obtained [the] guatemalan nationality, of origin or through naturalization, will retain it with the totality of its rights. the congress of the republic shall issue a law concerning citizenship, in the briefest time possible. article 4. de facto government the government of the republic, organized in accordance with the fundamental statute of the government [estatuto fundamental de gobierno] and its reforms, will retain its functions until the person elected to the office [cargo] of president of the republic takes possession [of it]. the fundamental statute of government contained in decree-law 24-82 dated 27 april 1982, 36-82 dated 9 june 1982, 87-83 dated 8 august 1983, and the other reforms, will continue in force until the moment of initiation of the effectiveness of this constitution. article 5. general elections on 3 november 1985, general elections will be held for the president and vice-president of the republic, [for the] deputies to the congress of the republic, and for municipal corporations in all the country, in accordance with what is established by the specific electoral law issued by the office of the head of state [jefatura de estado] for the conduct of such general elections. if it proceeds, a second election will be held for president and vice-president of the republic on 8 december 1985, in accordance with the same law. the supreme electoral tribunal will organize such elections [comicios] and will make the definitive determination [calificación] of the results, proclaiming those citizens elected. article 6. [the] congress of the republic the national constituent assembly will give possession of their responsibilities [cargos] to the deputies declared elected by the supreme electoral tribunal on 14 january 1986. the deputies elected to the congress of the republic will hold preparatory sessions in such manner that in the same act of taking possession of their responsibilities, the directive board of the congress of the republic integrated in the form established by this constitution may take possession of its [responsibilities]. article 7. dissolution of the national constituent assembly once the mandate of giving possession to the deputies elected to the congress of the republic is completed and the congress is organized, on 14 january 1986, the national constituent assembly of the republic of guatemala elected on 1 july 1984, will have terminated its functions and by expiration of its mandate on the same day, proceeds to dissolve. prior to its dissolution, it will examine its accounts and grant them its approval. article 8. [the] presidency of the republic the congress of the republic, once installed in accordance with the preceding norms, is obligated to give possession of his [or her] office to the person declared elected as [the] president of the republic by the supreme electoral tribunal, and it shall do this in a solemn session that will be held at the latest at 16:00 hours on 14 january 1986. by the same act, the congress of the republic will give possession of his [or her] office to the person declared elected by the supreme electoral tribunal as the vice-president of the republic. in the preparatory sessions of the congress of the republic, the necessary ceremony shall be planned and shall be organized. article 9. [the] municipalities the elected municipal corporations will take possession of their offices and will initiate the period for which they were elected, on 15 january 1986. the congress of the republic must issue a new municipal code [código municipal], the law of municipal service [ley de servicio municipal], the preliminary law of regionalization [ley preliminar de regionalización] and a municipal tax code [código tributario municipal], adjusted to the constitutional precepts, at the latest, in the time of one year from the installation of the congress. article 10. [the] supreme court of justice the magistrates of the supreme court of justice and the other functionaries whose appointment corresponds to the congress of the republic, on this occasion, will be appointed and take possession of their responsibilities in the period contemplated between 15 january 1986 and 14 february 1986 its period will terminate on the dates established in this constitution and in the law of the civil service of the judicial organ. six months after taking possession of their offices, the members of the supreme court of justice, in exercise of their initiative of law, must send to the congress of the republic the bill of law of the composition [integración] of the judicial organ. article 11. [the] executive organ during the first year of effectiveness of this constitution, the president of the republic, in the exercise of his [or her] initiative of law, must send to the congress of the republic the bill of law of the executive organ. article 12. [the] budget from the entrance into force of the constitution, the government of the republic may submit to the cognizance of the congress of the republic the general budget of [the] revenues and expenditures of the state brought into force by the previous government. if it is not modified, it will continue in force during the fiscal year of 1986. article 13. allocation for [improving] literacy one percent of the general ordinary budget of [the] revenues of the state is allocated, to eradicate illiteracy [analfabetismo] among the economically active population, during the first three governments originating from this constitution, [an] allocation that will be deducted, in these periods, from the percentage established in article 91 of this constitution. article 14. national committee for [improving] literacy the approval of the budgets and of [the] programs of literacy, and the control and supervision of its development, will be the charge [cargo] of a national committee of literacy [comité nacional de alfabetización] comprised by the public and private sectors, [of which] half plus one of its members shall be from the public sector. a law of literacy [ley de alfabetización] shall be issued by the congress of the republic in the six months following the effectiveness of this constitution. article 15. integration of petén the promotion and [the] economic development of the department of petén, for its effective integration into the national economy[,] is declared to be of national urgency. the law shall determine the measures and activities that will lead [tiendan] to such purposes. article 16. decree-laws the juridical validity of the decree-laws originating from the government of the republic beginning on 23 march 1982, as well as all the administrative and government acts realized in accordance with the law beginning on said date[,] are recognized. article 17. financing to political parties the political parties shall enjoy financing, beginning with the general elections of 3 november 1985, which will be regulated by the constitutional electoral law. article 18. revelation [divulgación] of the constitution in the course of the year following its effectiveness, the constitution shall be broadly disseminated in the quiché, mam, cakchiquel, and kekchí languages. article 19. belize [belice] the executive will have the faculty to realize those measures [gestiones] that would tend to resolve the situation of the rights of guatemala with respect to belize, in accordance with the national interests. any definitive agreement must be submitted by the congress of the republic to the procedure of popular consultation specified in article 173 of the constitution. the government of guatemala will promote social, economic, and cultural relations with the population of belize. for the effects of nationality, the nationals of belize [beliceños] of origin are subject to the regime which this constitution established for [those nationals] of origin of the central american countries. article 20. headings [epígrafes] the headings that precede the articles of this constitution do not have interpretive validity and may not be quoted with respect to the content and scope of [the] constitutional norms. article 21. effectiveness of the constitution this political constitution of the republic of guatemala will enter into force on 14 january 1986, on the installation of the congress of the republic and will not lose its validity and effectiveness regardless of any temporary interruption resulting from situations of force. this article and articles 4, 5, 6, 7, 8, 17, and 20 of the transitory and final provisions of this constitution are excepted from the date of effectiveness, [and] they will enter into force on 1 june 1985. article 22. abrogation [derogatoria] all the constitutions of the republic of guatemala and the constitutional reforms decreed prior to the present, are abrogated, as well as any laws and provisions that may have had equal effects. article 23 for adequate implementation [adecuación] by the congress of the republic of the constitutional reforms approved on 17 november 1993 it must proceed in the following manner: when these constitutional reforms are in force the supreme electoral tribunal must convoke elections for the deputies to the congress of the republic, which must be realized in a time not more than one hundred and twenty days after being convoked. the deputies that are elected [as a] result shall take possession of their offices thirty days after the election is effected, [the] date on which the term and functions of the deputies of the congress of the republic which was installed on 15 january 1991 terminates. the congress of the republic that is installed in accordance with provisions a) and b) of this article, shall conclude its functions on 14 january 1996 this same day the deputies that are elected in the general elections of 1995 shall take possession [of office]. article 24 for the adequate implementation by the supreme court of justice and the other tribunals which are referred to in article 217 of this constitution, by the office of the comptroller general of accounts and by the public ministry of the approved constitutional reforms, it shall proceed in the following manner: the congress of the republic which is installed in accordance with the previous transitory article, shall convoke, within the three days following its installation, the nominating commissions specified in articles 215, 217 and 233 of this constitution, so that in a time of not more than fifteen days it shall proceed to make the corresponding nominations. the congress of the republic which is installed in accordance with the previous transitory article must elect the magistrates of the supreme court of justice and of the other tribunals referred to in article 217 of this constitution and the comptroller general of accounts within the thirty days following the installation of the new congress, [a] date on which the elected [persons] must take possession of their offices [cargos] and on which the term and functions of the magistrates and [the] comptroller which they must substitute terminates. for the effects of the previous provisions, the congress will meet in extraordinary sessions if it should be necessary. the president of the republic must appoint the procurator general of the nation within thirty days after the effectiveness of these reforms, [a] date on which he [or she] must take possession [of office] and on which the term and functions of the procurator that he [or she] substituted[,] terminates. the president of the republic must appoint the attorney general of the republic within the thirty days after the effectiveness of these reforms, [a] date on which he [or she] must take possession [of office]. the procurator general of the nation shall continue to perform the responsibilities of head of the public ministry until the attorney general takes possession [of office]. article 25 the provisions contained in articles 23 and 24 of the sole chapter of title viii of this constitution are of special character and [they will] prevail over any others of general character. article 26 at the latest, within a period of eighteen months from the date of the effectiveness of these reforms, the executive organ, in order to modernize and make the public administration more efficient, in exercise of its initiative of law, must send to the congress of the republic, an initiative of law that contains the law of the executive organ. article 27 with the objective that the elections of the municipal governments be realized on one same date, conjointly with the presidential elections and [the elections] of deputies, in those municipalities where municipal governments took possession [of their responsibilities] in june of 1993 for a period of five years, the next elections shall be for a term that will conclude on 15 january 2000. for this effect the supreme electoral tribunal must take the pertinent measures. preamble we, the people of fiji, recognising the indigenous people or the itaukei, their ownership of itaukei lands, their unique culture, customs, traditions and language; recognising the indigenous people or the rotuman from the island of rotuma, their ownership of rotuman lands, their unique culture, customs, traditions and language; recognising the descendants of the indentured labourers from british india and the pacific islands, their culture, customs, traditions and language; and recognising the descendants of the settlers and immigrants to fiji, their culture, customs, traditions and language, declare that we are all fijians united by common and equal citizenry; recognise the constitution as the supreme law of our country that provides the framework for the conduct of government and all fijians; commit ourselves to the recognition and protection of human rights, and respect for human dignity; declare our commitment to justice, national sovereignty and security, social and economic wellbeing, and safeguarding our environment, hereby establish this constitution for the republic of fiji. chapter 1. the state 1. the republic of fiji the republic of fiji is a sovereign democratic state founded on the values ofcommon and equal citizenry and national unity; respect for human rights, freedom and the rule of law; an independent, impartial, competent and accessible system of justice; equality for all and care for the less fortunate based on the values inherent in this section and in the bill of rights contained in chapter 2; human dignity, respect for the individual, personal integrity and responsibility, civic involvement and mutual support; good governance, including the limitation and separation of powers; transparency and accountability; and a prudent, efficient and sustainable relationship with nature. 2. supremacy of the constitution this constitution is the supreme law of the state. subject to the provisions of this constitution, any law inconsistent with this constitution is invalid to the extent of the inconsistency. this constitution shall be upheld and respected by all fijians and the state, including all persons holding public office, and the obligations imposed by this constitution must be fulfilled. this constitution shall be enforced through the courts, to ensure thatlaws and conduct are consistent with this constitution; rights and freedoms are protected; and duties under this constitution are performed. this constitution cannot be abrogated or suspended by any person, and may only be amended in accordance with the procedures prescribed in chapter 11. any attempt to establish a government other than in compliance with this constitution shall be unlawful, andanything done to further that attempt is invalid and of no force or effect; and no immunities can lawfully be granted under any law to any person in respect of actions taken or omitted in furtherance of such an attempt. 3. principles of constitutional interpretation any person interpreting or applying this constitution must promote the spirit, purpose and objects of this constitution as a whole, and the values that underlie a democratic society based on human dignity, equality and freedom. if a law appears to be inconsistent with a provision of this constitution, the court must adopt a reasonable interpretation of that law that is consistent with the provisions of this constitution over an interpretation that is inconsistent with this constitution. this constitution is to be adopted in the english language and translations in the itaukei and hindi languages are to be made available. if there is an apparent difference between the meaning of the english version of a provision of this constitution, and its meaning in the itaukei and hindi versions, the english version prevails. 4. secular state religious liberty, as recognised in the bill of rights, is a founding principle of the state. religious belief is personal. religion and the state are separate, which meansthe state and all persons holding public office must treat all religions equally; the state and all persons holding public office must not dictate any religious belief; the state and all persons holding public office must not prefer or advance, by any means, any particular religion, religious denomination, religious belief, or religious practice over another, or over any non-religious belief; and no person shall assert any religious belief as a legal reason to disregard this constitution or any other law. 5. citizenship all citizens of fiji shall be known as fijians. subject to the provisions of this constitution, all fijians have equal status and identity, which means that they are equallyentitled to all the rights, privileges and benefits of citizenship; and subject to the duties and responsibilities of citizenship. citizenship of fiji shall only be acquired by birth, registration or naturalisation. citizens of fiji may hold multiple citizenship, which means thatupon accepting the citizenship of a foreign country, a person remains a citizen of fiji unless he or she renounces that status; a former citizen of fiji, who lost that citizenship upon acquiring foreign citizenship, may regain citizenship of fiji, while retaining that foreign citizenship unless the laws of that foreign country provide otherwise; and upon becoming a citizen of fiji, a foreign person may retain his or her existing citizenship unless the laws of that foreign country provide otherwise. a written law shall prescribethe conditions upon which citizenship of fiji may be acquired and the conditions upon which a person may become a citizen of fiji; procedures relating to the making of applications for citizenship by registration or naturalisation; conditions relating to the right to enter and reside in fiji; provisions for the prevention of statelessness; rules for the calculation of periods of a person's lawful presence in fiji for the purpose of determining citizenship; provisions relating to the renunciation and deprivation of citizenship; and such other matters as are necessary to regulate the granting of citizenship. chapter 2. bill of rights 6. application this chapter binds the legislative, executive and judicial branches of government at all levels, and every person performing the functions of any public office. the state and every person holding public office must respect, protect, promote and fulfil the rights and freedoms recognised in this chapter. a provision of this chapter binds a natural or legal person, taking into accountthe nature of the right or freedom recognised in that provision; and the nature of any restraint or duty imposed by that provision. a legal person has the rights and freedoms recognised in this chapter, to the extent required by the nature of the right or freedom, and the nature of the particular legal person. the rights and freedoms set out in this chapter apply according to their tenor and may be limited bylimitations expressly prescribed, authorised or permitted (whether by or under a written law) in relation to a particular right or freedom in this chapter; limitations prescribed or set out in, or authorised or permitted by, other provisions of this constitution; or limitations which are not expressly set out or authorised (whether by or under a written law) in relation to a particular right or freedom in this chapter, but which are necessary and are prescribed by a law or provided under a law or authorised or permitted by a law or by actions taken under the authority of a law. subject to the provisions of this constitution, this chapter applies to all laws in force at the commencement of this constitution. subject to the provisions of this constitution, laws made, and administrative and judicial actions taken, after the commencement of this constitution, are subject to the provisions of this chapter. to the extent that it is capable of doing so, this chapter extends to things done or actions taken outside fiji. 7. interpretation of this chapter in addition to complying with section 3, when interpreting and applying this chapter, a court, tribunal or other authoritymust promote the values that underlie a democratic society based on human dignity, equality and freedom; and may, if relevant, consider international law, applicable to the protection of the rights and freedoms in this chapter. this chapter does not deny, or prevent the recognition of, any other right or freedom recognised or conferred by common law or written law, except to the extent that it is inconsistent with this chapter. a law that limits a right or freedom set out in this chapter is not invalid solely because the law exceeds the limits imposed by this chapter if the law is reasonably capable of a more restricted interpretation that does not exceed those limits, and in that case, the law must be construed in accordance with the more restricted interpretation. when deciding any matter according to common law, a court must apply and, where necessary, develop common law in a manner that respects the rights and freedoms recognised in this chapter. in considering the application of this chapter to any particular law, a court must interpret this chapter contextually, having regard to the content and consequences of the law, including its impact upon individuals or groups of individuals. 8. right to life every person has the right to life, and a person must not be arbitrarily deprived of life. 9. right to personal liberty a person must not be deprived of personal liberty exceptfor the purpose of executing the sentence or order of a court, whether handed down or made in fiji or elsewhere, in respect of an offence of which the person had been convicted; for the purpose of executing an order of a court punishing the person for contempt of the court or of another court or tribunal; for the purpose of executing an order of a court made to secure the fulfilment of an obligation imposed on the person by law; for the purpose of bringing the person before a court in execution of an order of a court; if the person is reasonably suspected of having committed an offence; with the consent of the person's parent or lawful guardian or upon an order made by a court, for the purpose of the person's education or welfare during any period ending not later than the date of his or her 18th birthday; for the purpose of preventing the spread of an infectious or contagious disease; for the purpose of the person's care or treatment or for the protection of the community if he or she is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant; or for the purpose of preventing the unlawful entry of the person into fiji or of effecting the expulsion, extradition or other lawful removal of the person from fiji. subsection (1)(c) does not permit a court to make an order depriving a person of personal liberty on the ground of failure to pay maintenance or a debt, fine or tax, unless the court considers that the person has wilfully refused to pay despite having the means to do so. if a person is detained pursuant to a measure authorised under a state of emergencythe person must, as soon as is reasonably practicable and in any event within 7 days after the start of the detention, be given a statement in writing, in a language that the person understands, specifying the grounds of the detention; the person must be given the opportunity to communicate with, and to be visited byhis or her spouse, partner or next-of-kin; a legal practitioner; a religious counsellor or a social worker; and a medical practitioner; the person must be given reasonable facilities to consult with a legal practitioner of his or her choice; the detention must, within one month and thereafter at intervals of not more than one month, be reviewed by a court; and at any review by a court, the person may appear in person or be represented by a legal practitioner. at any review of the detention under subsection (3), the court may make such orders as to the continued detention of the person. 10. freedom from slavery, servitude, forced labour and human trafficking a person must not be held in slavery or servitude, or subjected to forced labour or human trafficking. in this section, "forced labour" does not includelabour required in consequence of a sentence or order of a court; labour reasonably required of a person serving a term of imprisonment, whether or not required for the hygiene or maintenance of the prison; or labour required of a member of a disciplined force as part of his or her duties. 11. freedom from cruel and degrading treatment every person has the right to freedom from torture of any kind, whether physical, mental or emotional, and from cruel, inhumane, degrading or disproportionately severe treatment or punishment. every person has the right to security of the person, which includes the right to be free from any form of violence from any source, at home, school, work or in any other place. every person has the right to freedom from scientific or medical treatment or procedures without an order of the court or without his or her informed consent, or if he or she is incapable of giving informed consent, without the informed consent of a lawful guardian. 12. freedom from unreasonable search and seizure every person has the right to be secure against unreasonable search of his or her person or property and against unreasonable seizure of his or her property. search or seizure is not permissible otherwise than under the authority of the law. 13. rights of arrested and detained persons every person who is arrested or detained has the rightto be informed promptly, in a language that he or she understands, ofthe reason for the arrest or detention and the nature of any charge that may be brought against that person; the right to remain silent; and the consequences of not remaining silent; to remain silent; to communicate with a legal practitioner of his or her choice in private in the place where he or she is detained, to be informed of that right promptly and, if he or she does not have sufficient means to engage a legal practitioner and the interests of justice so require, to be given the services of a legal practitioner under a scheme for legal aid by the legal aid commission; not to be compelled to make any confession or admission that could be used in evidence against that person; to be held separately from persons who are serving a sentence, and in the case of a child, to be kept separate from adults unless that is not in the best interests of the child; to be brought before a court as soon as reasonably possible, but in any case not later than 48 hours after the time of arrest, or if that is not reasonably possible, as soon as possible thereafter; at the first court appearance, to be charged or informed of the reasons for the detention to continue, or to be released; to be released on reasonable terms and conditions, pending a charge or trial, unless the interests of justice otherwise require; to challenge the lawfulness of the detention in person before a court and, if the detention is unlawful, to be released; to conditions of detention that are consistent with human dignity, including at least the opportunity to exercise regularly and the provision, at state expense, of adequate accommodation, nutrition, and medical treatment; and to communicate with, and be visited by,his or her spouse, partner or next-of-kin; and a religious counsellor or a social worker. whenever this section requires information to be given to a person, that information must be given simply and clearly in a language that the person understands. a person who is deprived of liberty by being detained, held in custody or imprisoned under any law retains all the rights and freedoms set out in this chapter, except to the extent that any particular right or freedom is incompatible with the fact of being so deprived of liberty. 14. rights of accused persons a person shall not be tried forany act or omission that was not an offence under either domestic or international law at the time it was committed or omitted; or an offence in respect of an act or omission for which that person has previously been either acquitted or convicted. every person charged with an offence has the rightto be presumed innocent until proven guilty according to law; to be informed in legible writing, in a language that he or she understands, of the nature of and reasons for the charge; to be given adequate time and facilities to prepare a defence, including if he or she so requests, a right of access to witness statements; to defend himself or herself in person or to be represented at his or her own expense by a legal practitioner of his or her own choice, and to be informed promptly of this right or, if he or she does not have sufficient means to engage a legal practitioner and the interests of justice so require, to be given the services of a legal practitioner under a scheme for legal aid by the legal aid commission, and to be informed promptly of this right; to be informed in advance of the evidence on which the prosecution intends to rely, and to have reasonable access to that evidence; to a public trial before a court of law, unless the interests of justice otherwise require; to have the trial begin and conclude without unreasonable delay; to be present when being tried, unlessthe court is satisfied that the person has been served with a summons or similar process requiring his or her attendance at the trial, and has chosen not to attend; or the conduct of the person is such that the continuation of the proceedings in his or her presence is impracticable and the court has ordered him or her to be removed and the trial to proceed in his or her absence; to be tried in a language that the person understands or, if that is not practicable, to have the proceedings interpreted in such a language at state expense; to remain silent, not to testify during the proceedings, and not to be compelled to give self-incriminating evidence, and not to have adverse inference drawn from the exercise of any of these rights; not to have unlawfully obtained evidence adduced against him or her unless the interests of justice require it to be admitted; to call witnesses and present evidence, and to challenge evidence presented against him or her; to a copy of the record of proceedings within a reasonable period of time and on payment of a reasonably prescribed fee; to the benefit of the least severe of the prescribed punishments if the prescribed punishment for the offence has been changed between the time the offence was committed and the time of sentencing; and of appeal to, or review by, a higher court. whenever this section requires information to be given to a person, that information must be given as simply and clearly as practicable, in a language that the person understands. a law is not inconsistent with subsection (1)(b) to the extent that itauthorises a court to try a member of a disciplined force for a criminal offence despite his or her trial and conviction or acquittal under a disciplinary law; and requires the court, in passing sentence, to take into account any punishment awarded against the member under the disciplinary law. 15. access to courts or tribunals every person charged with an offence has the right to a fair trial before a court of law. every party to a civil dispute has the right to have the matter determined by a court of law or if appropriate, by an independent and impartial tribunal. every person charged with an offence and every party to a civil dispute has the right to have the case determined within a reasonable time. the hearings of courts (other than military courts) and tribunals established by law must be open to the public unless the interests of justice require otherwise. subsection (4) does not preventthe making of laws relating to the trials of children, or to the determination of family or domestic disputes, in a closed court; or the exclusion by a court or tribunal from particular proceedings (except the announcement of the decision of the court or tribunal) of a person other than parties and their legal representatives if a law empowers it to do so in the interests of justice, public morality, the welfare of children, personal privacy, national security, public safety or public order. every person charged with an offence, every party to civil proceedings, and every witness in criminal or civil proceedings has the right to give evidence and to be questioned in a language that he or she understands. every person charged with an offence and every party to civil proceedings has the right to follow the proceedings in a language that he or she understands. to give effect to the rights referred to in subsections (6) and (7), the court or tribunal concerned must, when the interests of justice so require, provide, without cost to the person concerned, the services of an interpreter or of a person competent sign language. if a child is called as a witness in criminal proceedings, arrangements for the taking of the child's evidence must have due regard to the child's age. the state, through law and other measures, must provide legal aid through the legal aid commission to those who cannot afford to pursue justice on the strength of their own resources, if injustice would otherwise result. if any fee is required to access a court or tribunal, it must be reasonable and must not impede access to justice. in any proceedings, evidence obtained in a manner that infringes any right in this chapter, or any other law, must be excluded unless the interests of justice require it to be admitted. 16. executive and administrative justice subject to the provisions of this constitution and such other limitations as may be prescribed by lawevery person has the right to executive or administrative action that is lawful, rational, proportionate, procedurally fair, and reasonably prompt; every person who has been adversely affected by any executive or administrative action has the right to be given written reasons for the action; and any executive or administrative action may be reviewed by a court, or if appropriate, another independent and impartial tribunal, in accordance with law. the rights mentioned in subsection (1) shall not be exercised against any company registered under a law governing companies. this section shall not have retrospective effect, and shall only apply to executive and administrative actions taken after the first sitting of the first parliament elected under this constitution. 17. freedom of speech, expression and publication every person has the right to freedom of speech, expression, thought, opinion and publication, which includesfreedom to seek, receive and impart information, knowledge and ideas; freedom of the press, including print, electronic and other media; freedom of imagination and creativity; and academic freedom and freedom of scientific research. freedom of speech, expression, thought, opinion and publication does not protectpropaganda for war; incitement to violence or insurrection against this constitution; or advocacy of hatred thatis based on any prohibited ground of discrimination listed or prescribed under section 26; and constitutes incitement to cause harm. to the extent that it is necessary, a law may limit, or may authorise the limitation of, the rights and freedoms mentioned in subsection (1) in the interests ofnational security, public safety, public order, public morality, public health or the orderly conduct of elections; the protection or maintenance of the reputation, privacy, dignity, rights or freedoms of other persons, includingthe right to be free from hate speech, whether directed against individuals or groups; and the rights of persons injured by inaccurate or offensive media reports to have a correction published on reasonable conditions established by law; preventing the disclosure, as appropriate, of information received in confidence; preventing attacks on the dignity of individuals, groups of individuals or respected offices or institutions in a manner likely to promote ill will between ethnic or religious groups or the oppression of, or discrimination against, any person or group of persons; maintaining the authority and independence of the courts; imposing restrictions on the holders of public offices; regulating the technical administration of telecommunications; or making provisions for the enforcement of media standards and providing for the regulation, registration and conduct of media organisations. in this section, "hate speech" means an expression in whatever form that encourages, or has the effect of encouraging discrimination on a ground listed or prescribed under section 26. 18. freedom of assembly every person has the right, peaceably and unarmed, to assemble, demonstrate, picket and to present petitions. to the extent that it is necessary, a law may limit, or may authorise the limitation of, the right mentioned in subsection (1)in the interests of national security, public safety, public order, public morality, public health or the orderly conduct of elections; for the purpose of protecting the rights and freedoms of others; or for the purpose of imposing restrictions on the holders of public offices. 19. freedom of association every person has the right to freedom of association. a law may limit, or may authorise the limitation of, the right mentioned in subsection (1)in the interests of national security, public safety, public order, public morality, public health or the orderly conduct of elections; for the purpose of protecting the rights and freedoms of others; for the purpose of imposing restrictions on the holders of public offices; for the purpose of regulating trade unions, or any federation, congress, council or affiliation of trade unions, or any federation, congress, council or affiliation of employers; for the purposes of regulating collective bargaining processes, providing mechanisms for the resolution of employment disputes and grievances, and regulating strikes and lockouts; or for the purpose of regulating essential services and industries, in the overall interests of the fijian economy and the citizens of fiji. 20. employment relations every person has the right to fair employment practices, including humane treatment and proper working conditions. every worker has the right to form or join a trade union, and participate in its activities and programmes. every employer has the right to form or join an employer's' organisation, and to participate in its activities and programmes. trade unions and employers have the right to bargain collectively. a law may limit, or may authorise the limitation of, the rights mentioned in this sectionin the interests of national security, public safety, public order, public morality, public health or the orderly conduct of elections; for the purposes of protecting the rights and freedoms of others; for the purposes of imposing restrictions on the holders of public offices; for the purposes of regulating trade unions, or any federation, congress, council or affiliation of trade unions, or any federation, congress, council or affiliation of employers; for the purposes of regulating collective bargaining processes, providing mechanisms for the resolution of employment disputes and grievances, and regulating strikes and lockouts; or for the purposes of regulating essential services and industries, in the overall interests of the fijian economy and the citizens of fiji. 21. freedom of movement and residence every person has the right to freedom of movement. every citizen has the right to apply for and be issued a passport or similar travel document, in accordance with any condition prescribed by written law. every citizen, and every other person lawfully in fiji, has the right to move freely throughout fiji and the right to leave fiji. every citizen, and every other person who has a right to reside in fiji, has the right to reside in any part of fiji. every person who is not a citizen but is lawfully in fiji has the right not to be expelled from fiji except pursuant to an order of a court or a decision of the minister responsible for immigration on a ground prescribed by law. a law, or anything done under the authority of a law, is not inconsistent with the rights granted by this section to the extent that the lawprovides for the detention of the person or enables a restraint to be placed on the person's movements, whetherfor the purpose of ensuring his or her appearance before a court for trial or other proceedings; in consequence of his or her conviction for an offence; or for the purpose of protecting another person from apprehended violence; provides for a person who is a non-citizen to be detained or restrained as a consequence of his or her arrival in fiji without the prescribed entry documentation; provides for the extradition, on the order of the high court, of a person from fiji; provides for the removal from fiji, on the order of the high court, of any child who had previously been unlawfully removed from another country, for the purpose of restoring the child to the lawful custody of his or her parent or lawful guardian; provides for the removal from fiji of a person who is not a citizen for the purpose of enabling the person to serve a sentence of imprisonment in the country of the person's citizenship in relation to a criminal offence of which he or she has been convicted in fiji; or regulates, controls or prohibits the entry of persons on to land or property owned or occupied by others. to the extent that it is necessary, a law may limit, or may authorise the limitation of, the rights mentioned in this sectionin the interests of national security, public safety, public order, public morality, public health or the orderly conduct of elections; for the purpose of protecting the rights and freedoms of others; for the purpose of protecting the ecology of any area; for the purpose of imposing a restriction on the person that is reasonably required to secure the fulfilment of an obligation imposed on the person by law; or for the purpose of imposing reasonable restrictions on the holders of public offices as part of the terms and conditions of their employment. section 9(3) and (4) apply to a person whose right to freedom of movement is restricted pursuant to a measure authorised under a state of emergency in the same way as they apply to a person detained pursuant to such a measure. 22. freedom of religion, conscience and belief every person has the right to freedom of religion, conscience and belief. every person has the right, either individually or in community with others, in private or in public, to manifest and practise their religion or belief in worship, observance, practice or teaching. every person has the right not to be compelled toact in any manner that is contrary to the person's religion or belief; or take an oath, or take an oath in a manner, thatis contrary to the person's religion or belief; or requires the person to express a belief that the person does not hold. every religious community or denomination, and every cultural or social community, has the right to establish, maintain and manage places of education whether or not it receives financial assistance from the state, provided that the educational institution maintains any standard prescribed by law. in exercising its rights under subsection (4), a religious community or denomination has the right to provide religious instruction as part of any education that it provides, whether or not it receives financial assistance from the state for the provision of that education. except with his or her consent or, in the case of a child, the consent of a parent or lawful guardian, a person attending a place of education is not required to receive religious instruction or to take part in or attend a religious ceremony or observance if the instruction, ceremony or observance relates to a religion that is not his or her own or if he or she does not hold any religious belief. to the extent that it is necessary, the rights and freedoms set out in this section may be made subject to such limitations prescribed by lawto protectthe rights and freedoms of other persons; or public safety, public order, public morality or public health; or to prevent public nuisance. 23. political rights every citizen has the freedom to make political choices, and the right toform or join a political party; participate in the activities of, or recruit members for, a political party; and campaign for a political party, candidate or cause. every citizen has the right to free, fair and regular elections for any elective institution or office established under this constitution. every citizen who has reached the age of 18 years has the rightto be registered as a voter; to vote by secret ballot in any election or referendum under this constitution; to be a candidate for public office, or office within a political party of which the citizen is a member, subject to satisfying any qualifications for such an office; and if elected, to hold office. a law may limit, or may authorise the limitation of, the rights mentioned in this sectionfor the purpose of regulating the registration of voters, and prescribing persons who do not have or have ceased to have the right to be registered as a voter; for the purpose of regulating the registration of political parties and prescribing persons who do not have the rights prescribed under subsection (1) and subsection (3)(c) and (d); for the purpose of regulating persons who are not eligible to contest for a place in parliament or in a public office, or an office within a political party; or for the purpose of imposing restrictions on the holders of public offices (as defined in any such law) from the rights set out in this section. 24. right to privacy every person has the right to personal privacy, which includes the right toconfidentiality of their personal information; confidentiality of their communications; and respect for their private and family life. to the extent that it is necessary, a law may limit, or may authorise the limitation of, the rights set out in subsection (1). 25. access to information every person has the right of access toinformation held by any public office; and information held by another person and required for the exercise or protection of any legal right. every person has the right to the correction or deletion of false or misleading information that affects that person. to the extent that it is necessary, a law may limit, or may authorise the limitation of, the rights set out in subsection (1), and may regulate the procedure under which information held by a public office may be made available. 26. right to equality and freedom from discrimination every person is equal before the law and has the right to equal protection, treatment and benefit of the law. equality includes the full and equal enjoyment of all rights and freedoms recognised in this chapter or any other written law. a person must not be unfairly discriminated against, directly or indirectly on the grounds of his or heractual or supposed personal characteristics or circumstances, including race, culture, ethnic or social origin, colour, place of origin, sex, gender, sexual orientation, gender identity and expression, birth, primary language, economic or social or health status, disability, age, religion, conscience, marital status or pregnancy; or opinions or beliefs, except to the extent that those opinions or beliefs involve harm to others or the diminution of the rights or freedoms of others, or on any other ground prohibited by this constitution. a law or an administrative action taken under a law may not directly or indirectly impose a limitation or restriction on any person on a prohibited ground. every person has the right of access, membership or admission, without discrimination on a prohibited ground, to shops, hotels, lodging-houses, public restaurants, places of public entertainment, clubs, education institutions, public transportation services, taxis and public places. the proprietor of a place or service referred to in subsection (5) must facilitate reasonable access for persons with disabilities to the extent prescribed by law. treating one person differently from another on any of the grounds prescribed under subsection (3) is discrimination, unless it can be established that the difference in treatment is not unfair in the circumstances. a law, or an administrative action taken under a law, is not inconsistent with the rights mentioned in this section on the ground that itappropriates revenues or other moneys for particular purposes; imposes a retirement age on a person; imposes a restriction on persons employed or engaged in a state service, or confers on them a privilege or advantage not imposed or conferred on other persons; imposes restrictions on persons who are not citizens, or confers on them a privilege or advantage, not imposed or conferred on citizens; makes provision with respect to adoption, marriage, devolution of property on death, and pension; excludes persons from holding certain public offices; or to the extent necessary and without infringing the rights or freedoms set out in any other section of this chapter, gives effect to the communal ownership of itaukei, rotuman and banaban lands and access to marine resources, or the bestowing of itaukei, rotuman and banaban chiefly title or rank. 27. freedom from compulsory or arbitrary acquisition of property every person has the right not to be deprived of property by the state other than in accordance with a written law referred to in subsection (2), and no law may permit arbitrary acquisition or expropriation of any interest in any property. a written law may authorise compulsory acquisition of propertywhen necessary for a public purpose; and on the basis that the owner will be promptly paid the agreed compensation for the property, or failing agreement, just and equitable compensation as determined by a court or tribunal, after considering all relevant factors, includingthe public purpose for which the property is being acquired; the history of its acquisition by the owner; the market value of the property; the interests of any person affected by the acquisition; and any hardship to the owner. nothing contained in, or done under the authority of, a law is inconsistent with this section to the extent that the law makes provision for the acquisition of property by way oftaxation; sequestration of bankrupt estates; confiscation of the proceeds of crime; penalty for breach of the law; satisfaction of a mortgage, charge or lien; or execution of a judgment of a court or tribunal. 28. rights of ownership and protection of itaukei, rotuman and banaban lands the ownership of all itaukei land shall remain with the customary owners of that land and itaukei land shall not be permanently alienated, whether by sale, grant, transfer or exchange, except to the state in accordance with section 27. any itaukei land acquired by the state for a public purpose after the commencement of this constitution under section 27 or under any written law shall revert to the customary owners if the land is no longer required by the state. the ownership of all rotuman land shall remain with the customary owners of that land and rotuman land shall not be permanently alienated, whether by sale, grant, transfer or exchange, except to the state in accordance with section 27. any rotuman land acquired by the state for a public purpose after the commencement of this constitution under section 27 or under any written law shall revert to the customary owners if the land is no longer required by the state. the ownership of all banaban land shall remain with the customary owners of that land and banaban land shall not be permanently alienated, whether by sale, grant, transfer or exchange, except to the state in accordance with section 27. any banaban land acquired by the state for a public purpose after the commencement of this constitution under section 27 or under any written law shall revert to the customary owners if the land is no longer required by the state. 29. protection of ownership and interests in land all ownership of land, and all rights and interests in land leases and land tenancies that existed immediately before the commencement of this constitution shall continue to exist under this constitution. no law shall be made to diminish or adversely affect the rights and interests in land leases and land tenancies, whether existing immediately before the commencement of this constitution or made or issued after the commencement of this constitution. all land lessees and land tenants have the right not to have their land leases or land tenancies terminated other than in accordance with their land leases or land tenancies. parliament and cabinet, through legislative and other measures, must ensure that all land leases and land tenancies provide a fair and equitable return to the landowners whilst protecting the rights of land lessees and land tenants, including security and protection of tenure of land leases and land tenancies and terms and conditions of land leases and land tenancies which must be just, fair and reasonable. all land that existed as freehold land immediately before the commencement of this constitution shall remain as freehold land even if it is sold or purchased, unless it is sold to the state or is acquired by the state for a public purpose under section 27. for the purposes of this section"land leases" or "land tenancies" includes sub-leases, sub-tenancies and tenancies-at-will, but shall not include leases, agreements or tenancies for any building, structure or dwelling, whether used for residential, commercial, industrial or for tourism purposes, and shall not include any leases, agreements or tenancies for any fixture, equipment, plant or fittings on any land; and "land lessees" or "land tenants" includes sub-lessees, sub-tenants or tenantsat-will of land leases or land tenancies. 30. right of landowners to fair share of royalties for extraction of minerals all minerals in or under any land or water, are owned by the state, provided however, that the owners of any particular land (whether customary or freehold), or of any particular registered customary fishing rights shall be entitled to receive a fair share of royalties or other money paid to the state in respect of the grant by the state of rights to extract minerals from that land or the seabed in the area of those fishing rights. a written law may determine the framework for calculating fair shares under subsection (1), taking into account all relevant factors, including the followingany benefit that the owners received or may receive as a result of mineral exploration or exploitation; the risk of environmental damage; any legal obligation of the state to contribute to a fund to meet the cost of preventing, repairing or compensating for any environmental damage; the cost to the state of administering exploration or exploitation rights; and the appropriate contribution to the general revenue of the state to be made by any person granted exploration or exploitation rights. 31. right to education every person has the right toearly childhood education; primary and secondary education; and further education. the state must take reasonable measures within its available resources to achieve the progressive realisation of the rightto free early childhood, primary, secondary and further education; and to education for persons who were unable to complete their primary and secondary education. conversational and contemporary itaukei and fiji hindi languages shall be taught as compulsory subjects in all primary schools. the state may direct any educational institution to teach subjects pertaining to health, civic education and issues of national interest, and any educational institution must comply with any such directions made by the state. in applying any right under this section, if the state claims that it does not have the resources to implement the right, it is the responsibility of the state to show that the resources are not available. 32. right to economic participation every person has the right to full and free participation in the economic life of the state, which includes the right to choose their own work, trade, occupation, profession or other means of livelihood. the state must take reasonable measures within its available resources to achieve the progressive realisation of the rights recognised in subsection (1). to the extent that it is necessary, a law may limit, or may authorise the limitation of, the rights set out in subsection (1). 33. right to work and a just minimum wage the state must take reasonable measures within its available resources to achieve the progressive realisation of the right of every person to work and to a just minimum wage. in applying any right under this section, if the state claims that it does not have the resources to implement the right, it is the responsibility of the state to show that the resources are not available. 34. right to reasonable access to transportation the state must take reasonable measures within its available resources to achieve the progressive realisation of the right of every person to have reasonable access to transportation. in applying any right under this section, if the state claims that it does not have the resources to implement the right, it is the responsibility of the state to show that the resources are not available. 35. right to housing and sanitation the state must take reasonable measures within its available resources to achieve the progressive realisation of the right of every person to accessible and adequate housing and sanitation. in applying any right under this section, if the state claims that it does not have the resources to implement the right, it is the responsibility of the state to show that the resources are not available. 36. right to adequate food and water the state must take reasonable measures within its available resources to achieve the progressive realisation of the right of every person to be free from hunger, to have adequate food of acceptable quality and to clean and safe water in adequate quantities. in applying any right under this section, if the state claims that it does not have the resources to implement the right, it is the responsibility of the state to show that the resources are not available. 37. right to social security schemes the state must take reasonable measures within its available resources to achieve the progressive realisation of the right of every person to social security schemes, whether private or public, for their support in times of need, including the right to such support from public resources if they are unable to support themselves and their dependents. in applying any right under this section, if the state claims that it does not have the resources to implement the right, it is the responsibility of the state to show that the resources are not available. 38. right to health the state must take reasonable measures within its available resources to achieve the progressive realisation of the right of every person to health, and to the conditions and facilities necessary to good health, and to health care services, including reproductive health care. a person must not be denied emergency medical treatment. in applying any right under this section, if the state claims that it does not have the resources to implement the right, it is the responsibility of the state to show that the resources are not available. 39. freedom from arbitrary evictions every person has the right to freedom from arbitrary evictions from his or her home or to have his or her home demolished, without an order of a court made after considering all the relevant circumstances. no law may permit arbitrary evictions. 40. environmental rights every person has the right to a clean and healthy environment, which includes the right to have the natural world protected for the benefit of present and future generations through legislative and other measures. to the extent that it is necessary, a law or an administrative action taken under a law may limit, or may authorise the limitation of, the rights set out in this section. 41. rights of children every child has the rightto be registered at or soon after birth, and to have a name and nationality; to basic nutrition, clothing, shelter, sanitation and health care; to family care, protection and guidance, which includes the equal responsibility of the child's parents to provide for the childwhether or not the parents are, or have ever been, married to each other; and whether or not the parents are living together, have lived together, or are separated; to be protected from abuse, neglect, harmful cultural practices, any form of violence, inhumane treatment and punishment, and hazardous or exploitative labour; and not to be detained, except as a measure of last resort, and when detained, to be heldonly for such period of time as is necessary; and separate from adults, and in conditions that take account of the child's sex and age. the best interests of a child are the primary consideration in every matter concerning the child. 42. rights of persons with disabilities a person with any disability has the rightto reasonable access to all places, public transport and information; to use sign language, braille or other appropriate means of communication; and to reasonable access to necessary materials, substances and devices relating to the person's disability. a person with any disability has the right to reasonable adaptation of buildings, infrastructure, vehicles, working arrangements, rules, practices or procedures, to enable their full participation in society and the effective realisation of their rights. to the extent that it is necessary, a law or an administrative action taken under a law may limit, or may authorise the limitation of, the rights set out in this section. 43. limitation of rights under states of emergency any law enacted or promulgated in consequence of a declaration of a state of emergency under this constitutionmay limit a right or freedom set out in this chapter (with the exception of the rights and freedoms set out in sections 8, 10, 11, 13, 14, 15, 16, 22 and 26) only to the extent thatthe limitation is strictly necessary and required by the emergency; and the law is consistent with fiji's obligations under international law applicable to a state of emergency; and takes effect only when it has been published in the gazette. a person detained under a law contemplated in subsection (1) retains all the rights recognised in this chapter, subject only to the limitations referred to in subsection (1). 44. enforcement if a person considers that any of the provisions of this chapter has been or is likely to be contravened in relation to him or her (or, in the case of a person who is detained, if another person considers that there has been, or is likely to be, a contravention in relation to the detained person), then that person (or the other person) may apply to the high court for redress. the right to make application to the high court under subsection (1) is without prejudice to any other action with respect to the matter that the person concerned may have. the high court has original jurisdictionto hear and determine applications under subsection (1); and to determine questions that are referred to it under subsection (5), and may make such orders and give such directions as it considers appropriate. the high court may exercise its discretion not to grant relief in relation to an application or referral made under this section if it considers that an adequate alternative remedy is available to the person concerned. if in any proceedings in a subordinate court any question arises as to the contravention of any of the provisions of this chapter, the member presiding in the proceedings may, and must if a party to the proceedings so requests, refer the question to the high court unless, in the member's opinion (which is final and not subject to appeal), the raising of the question is frivolous or vexatious. when the high court gives its decision on a question referred to it under this section, the court in which the question arose must dispose of the case in accordance withthe decision; or if the decision is the subject of appeal to the court of appeal or to the supreme court the decision of the court of appeal or the supreme court, as the case may be. the attorney-general may, on behalf of the state, intervene in proceedings before the high court that relate to a matter concerning a provision in this chapter. if the proceedings before the high court relate to a matter concerning a provision of this chapter, the high court must not proceed to hear and determine the matter until it is satisfied that notice of the matter has been given to the attorney-general and a reasonable time has elapsed since the giving of the notice for consideration by the attorney-general of the question of intervention in the proceedings. a notice under subsection (8) is not required to be given to the attorney-general if the attorney-general or the state is a party to the proceedings. the chief justice may make rules for the purposes of this section with respect to the practice and procedure of the high court (including rules with respect to the time within which applications are to be made to the high court). 45. human rights and anti-discrimination commission the human rights commission established under the human rights commission decree 2009 continues in existence as the human rights and anti-discrimination commission. the commission consists ofa chairperson, who must be a person who is or is qualified to be appointed as a judge; and 4 other members, appointed by the president on the advice of the constitutional offices commission. in advising the president as to the person to be appointed as chairperson or other members of the commission, the constitutional offices commission must have regard not only to their personal attributes but also to their knowledge or experience of the various aspects of matters likely to come before the commission. subject to this constitution, the commission is responsible forpromoting the protection and observance of, and respect for, human rights in public and private institutions, and to develop a culture of human rights in fiji; education about the rights and freedoms recognised in this chapter, as well as other internationally recognised rights and freedoms; monitoring, investigating and reporting on the observance of human rights in all spheres of life; making recommendations to government concerning matters affecting the rights and freedoms recognised in this chapter, including recommendations concerning existing or proposed laws; receiving and investigating complaints about alleged abuses of human rights and take steps to secure appropriate redress if human rights have been violated, including making applications to court for redress or for other forms of relief or remedies; investigating or researching, on its own initiative or on the basis of a complaint, any matter in respect of human rights, and make recommendations to improve the functioning of public or private entities; monitoring compliance by the state with obligations under treaties and conventions relating to human rights; and performing any other functions or exercising any powers as are conferred on the commission by a written law. subject to this constitution, any person has the right to lodge a complaint with the commission, alleging that a right or freedom in this chapter has been denied, violated or infringed, or is threatened. subject to this constitution, the commission has other powers, duties and functions, as set out in the human rights commission decree 2009 or in any other written law. in the performance of its functions or the exercise of its authority and powers, the commission shall be independent and shall not be subject to the direction or control of any person or authority, except by a court of law or as otherwise prescribed by written law. the commission shall have the authority to appoint, remove and discipline all staff (including administrative staff) in the commission. the commission has the authority to determine all matters pertaining to the employment of all staff in the commission, includingthe terms and conditions of employment; the qualification requirements for appointment and the process to be followed for appointment, which must be an open, transparent and competitive selection process based on merit; the salaries, benefits and allowances payable, in accordance with its budget as approved by parliament; and the total establishment or the total number of staff that are required to be appointed, in accordance with the budget as approved by parliament. the salaries, benefits and allowances payable to any person employed by the commission are a charge on the consolidated fund. parliament shall ensure that adequate funding and resources are made available to the commission, to enable it to independently and effectively exercise its powers and perform its functions and duties. the commission shall have control of its own budget and finances, as approved by parliament. chapter 3. parliament part a. legislative authority 46. legislative authority and power of parliament the authority and power to make laws for the state is vested in parliament consisting of the members of parliament and the president, and is exercised through the enactment of bills passed by parliament and assented to by the president. no person or body other than parliament has authority to make any law in fiji, except under authority conferred by this constitution or by a written law. 47. exercise of legislative powers any member of parliament may introduce a bill in parliament, but only the minister responsible for finance, or another minister authorised by cabinet, may introduce a money bill, as described in subsection (4). parliament may proceed to consider any bill in accordance with its standing orders, which must providea structured process for the introduction, deliberation, amendment and enactment of bills; and sufficient time to elapse between the steps in the process for members and committees to give due consideration to each bill. a bill may proceed more quickly than permitted by the standing orders ifwhen the bill was introduced, the mover requested that parliament approve consideration of the bill without delay; and a majority of the members of parliament voted in support of that request. in this section, a money bill is any bill thatimposes, increases, alters, remits, grants exemptions from, reduces or abolishes taxes; imposes charges on a public fund or varies or repeals any of those charges; appropriates public money or otherwise relates to public moneys; raises or guarantees any loan, or its repayment; deals with the receipt, custody, investment, issue or audit of money; or deals with anything incidental to those matters. 48. presidential assent when a bill has been passed by parliament, the speaker must present it to the president for assent. within 7 days after receipt of a bill, the president must provide his or her assent. if the president does not assent to a bill within the period set out in subsection (2), the bill will be taken to have been assented to on the expiry of that period. 49. coming into force of laws within 7 days after a bill has been assented to, the attorney-general must publish the bill in the gazette as an act of parliament. an act of parliament comes into forceon a date determined by or in accordance with the act; or on the 7th day after its publication in the gazette, if the act does not determine a date or does not provide for a date to be determined. 50. regulations and similar laws no person may make regulations or issue any other instrument having the force of law, except as expressly authorised by this constitution or a written law. a person making any regulations or issuing any instrument having the force of law must, so far as practicable, provide reasonable opportunity for public participation in the development and review of the law before it is made. 51. parliamentary authority over international treaties and conventions an international treaty or convention binds the state only after it has been approved by parliament. part b. composition 52. members of parliament the members of parliament shall be chosen by secret ballot in free and fair elections administered by the electoral commission, in accordance with this constitution and any written law governing elections. 53. proportional representation system the election of members of parliament is by a multi-member open list system of proportional representation, under which each voter has one vote, with each vote being of equal value, in a single national electoral roll comprising all the registered voters. subject to subsections (3) and (4), in each general election of members of parliament, the seats in parliament must be awarded to candidates in proportion tothe total number of votes cast for each political party contesting the general election, which shall be determined by totaling the number of votes cast for each candidate of that political party; and the total number of votes cast for each independent candidate, if any, provided however that an independent candidate shall only be eligible to be awarded one seat in parliament. a political party or an independent candidate shall not qualify for any seat in parliament unless the political party or the independent candidate receives at least 5% of the total number of votes cast. a written law shall make provisions relating to the election of members of parliament, including prescribing rules for awarding seats in parliament under subsection (2), that accord with an internationally accepted method for awarding seats to candidates within an open list system of proportional representation. 54. composition of parliament for the first general election of members of parliament held under this constitution, parliament shall consist of 50 members, elected in accordance with this constitution. for each general election of members of parliament after the first general election held under this constitution, the electoral commission shall, at least one year before any such general election, review the composition of parliament and may, if necessary, increase or decrease the total number of members of parliament to ensure that, as far as practicable, at the date of any such review, the ratio of the number of members of parliament to the population of fiji is the same as the ratio of the number of members of parliament to the population of fiji at the date of the first general election held under this constitution. in conducting a review under subsection (2), the electoral commission shall have regard to the population of fiji as ascertained from the most recent census, the register of voters or any other official information available. if the electoral commission makes a determination to alter the composition of parliament in exercise of its powers under subsection (2), then the composition of parliament shall, for the purpose of the general election of members of parliament to be held after the date of the determination, be deemed to be amended to such number of members as determined by the electoral commission. a written law may make further provisions to give effect to the review under subsection (2). 55. voter qualification and registration every citizen who is or will be the age of 18 years and over on or before the date of the issue of the writ for the next election of members to parliament, has the right to be registered as a voter, in the manner and form prescribed by a written law governing elections or registration of voters. a person whois serving a sentence of imprisonment of 12 months or longer imposed by a court in fiji or by a court of another country; is under a law in force in fiji, adjudged or declared to be of unsound mind; or is serving a period of disqualification from registration as a voter under a law relating to electoral offences, does not have the right to be registered as a voter. a person who is registered as a voter and who, after his or her registration as a voteris serving a sentence of imprisonment of 12 months or longer imposed by a court in fiji or by a court of another country; is under a law in force in fiji, adjudged or declared to be of unsound mind; or is serving a period of disqualification from registration as a voter under a law relating to electoral offences, ceases to be a registered voter. every person who is registered as a voter has the right to vote in the election of members of parliament. the electoral commission must maintain a single, national common register of voters. every citizen who is registered as a voter and who isresident in fiji on the day of the elections is entitled to vote in that election; or not a resident of fiji or is not present in fiji on the day of the elections, but is the holder of a valid fijian passport, is entitled to vote to the extent provided in any written law governing elections. 56. candidates for election to parliament a candidate for election to parliament must be either nominated by a registered political party or nominated as an independent candidate in accordance with the laws governing elections. a person may be a candidate for election to parliament only if the personis a citizen of fiji, and does not hold citizenship of any other country; is registered on the register of voters; is ordinarily resident in fiji for at least 2 years immediately before being nominated; is not an undischarged bankrupt; is not a member of the electoral commission, and has not been a member of that commission at any time during the 4 years immediately before being nominated; is not subject to a sentence of imprisonment when nominated; has not, at any time during the 8 years immediately before being nominated, been convicted of any offence under any law for which the maximum penalty is a term of imprisonment of 12 months or more; and has not been found guilty of any offence under a law relating to elections, registration of political parties or registration of voters. the total number of candidates which a political party may nominate for any general election must not be more than the total number of seats in parliament, and the total number of candidates which a political party may nominate for any by-election must not be more than the total number of vacant seats in parliament for which the byelection is being held. a written law may make provision relating to the nomination of candidates for election to parliament. every candidate, and every political party nominating a candidate, must comply with any written law governing elections. 57. candidates who are public officers a person who holds a public office is deemed to have vacated that office at the time at which his or her signed nomination as a candidate for election to parliament is delivered to the relevant returning officer or to the person who under the laws governing elections is authorised to receive nominations of candidates. a person who has held office as a member of the electoral commission or as the supervisor of elections is ineligible to be nominated as a candidate for election to parliament for 4 years after ceasing to hold that office. for the purposes of this section, "public office" meansany office in, or as a member of, a statutory authority, a commission, or a board established by or continued in existence by this constitution or any written law; an office in respect of which this constitution makes provision; an office established by written law; an office of a judicial officer or an office of any court or tribunal established by this constitution or any written law; any office in a state service, including public service and the disciplined force; any office in a trade union registered under the employment relations promulgation 2007 or any other written law (whether elected or appointed to that office, and including any position or arrangement under which a person receives remuneration, salary, allowances or fees from a trade union); any office in any federation, congress, council or affiliation of trade unions (whether elected or appointed to that office, and including any position or arrangement under which a person receives remuneration, salary, allowances or fees from any federation, congress, council or affiliation of trade unions); or any office in any federation, congress, council or affiliation of employers (whether elected or appointed to that office, and including any position or arrangement under which a person receives remuneration, salary, allowances or fees from any federation, congress, council or affiliation of employers). notwithstanding anything contained in subsection (3), for the purposes of this section, "public office" does not include the office of the prime minister, the office of a minister, the office of the deputy speaker, the office of the leader of the opposition or an office held by a minister by virtue of his or her appointment as a minister. 58. term of parliament subject to this section, parliament, unless sooner dissolved in accordance with this constitution, continues for 4 years from the date of its first meeting after a general election of the members of parliament. the president may, acting on the advice of the prime minister, from time to time in the like manner prorogue parliament by proclamation. the president may, acting on the advice of the prime minister, dissolve parliament by proclamation, but only after a lapse of 3 years and 6 months from the date of its first meeting after a general election of the members of parliament. 59. writ for election the writ for the election of members of parliament shall be issued by the president on the advice of the prime minister. the writ for a general election must be issued within 7 days from the expiry of parliament or from the proclamation of its dissolution by the president. the writ for a by-election must be issued within 7 days from the date when a seat or seats in parliament become vacant, or within 7 days from the date of determination by the court of disputed returns if an application is made to it under section 63(5) or section 66. 60. date of nomination the last day for the receipt of a nomination of a candidate for election to parliament is 14 days after the date of the issue of the writ. 61. date of polling polling commences no later than 30 days after the last day for the receipt of nominations. 62. early dissolution of parliament notwithstanding section 58(3), the president must declare parliament dissolved early if parliament has adopted a resolution to dissolve early, supported by at least two-thirds of the members of parliament. a resolution for early dissolution of parliament under subsection (1) may be movedonly on the grounds that the government lacks the confidence of parliament; only by the leader of the opposition; and only if parliament has first rejected a motion of no confidence in the prime minister under section 94. no motion for early dissolution may be moved within18 months immediately after the beginning of parliament's term; or 6 months immediately before the end of parliament's ordinary 4 year term. 63. vacation of seat of member of parliament the seat of a member of parliament becomes vacant if the memberdies, or resigns by giving to the speaker a signed resignation; with the member's consent, becomes the holder of a public office (as defined in section 57) ceases to have the right to be a registered voter in an election to parliament; ceases to have the right to be nominated as a candidate for election to parliament under section 56; is an undischarged bankrupt; is absent from 2 consecutive meetings of parliament without having obtained the permission of the speaker; resigns from the political party for which he or she was a candidate at the time he or she was elected to parliament; votes or abstains from voting in parliament contrary to any direction issued by the political party for which he or she was a candidate at the time he or she was elected to parliament, without obtaining the prior permission of the political party; or is expelled from the political party for which he or she was a candidate at the time he or she was elected to parliament andthe expulsion was in accordance with the rules of the political party relating to party discipline; and the expulsion did not relate to any action taken by the member in his or her capacity as a member of a committee of parliament. for the purposes of subsection (1)(g), the seat of the member of parliament becomes vacant only upon receipt by the speaker of a written notification signed by the leader and the secretary of the political party notifying the speaker that the member has resigned from the political party. for the purposes of subsection (1)(h), the seat of the member of parliament becomes vacant only upon receipt by the speaker of a written notification signed by the leader and the secretary of the political party notifying the speaker that the member has voted or abstained from voting in parliament contrary to any direction issued by the political party, without obtaining the prior permission of the political party. for the purposes of subsection (1)(i), the seat of the member of parliament becomes vacant only upon receipt by the speaker of a written notification signed by the leader and the secretary of the political party notifying the speaker that the member has been expelled from the political party. if a member of parliament whose seat becomes vacant under subsection (1) seeks to question or challenge the validity of his or her seat in parliament becoming vacant, the member must, within 7 days of the member's seat becoming vacant, by way of a proceeding, make an application to the court of disputed returns for a declaration on whether the seat of the member has become vacant. any application made to the court of disputed returns under this section must be determined by the court of disputed returns within 21 days of the date when the application is made to it. a determination by the court of disputed returns under this section is final and not subject to any appeal. if the member of parliament whose seat becomes vacant under subsection (1) makes an application to the court of disputed returns under subsection (5), the member is taken to be suspended from parliament pending the determination by the court of disputed returns. 64. next candidate to fill vacancy subject to subsection (3), if the seat held by a member of parliament who is a member of a political party becomes vacant, then the electoral commission must award that seat to the candidate of the same party who, in the most recent general election, is the highest ranked out of those candidates of that party who did not get elected to parliament and who is still available to serve at the time of the vacancy (as may be determined by a written law governing elections), provided however that if no candidate in the most recent general election from that same political party is available, then a by-election must be held to fill the vacancy. subject to subsection (3), if the seat held by a member of parliament who is an independent member becomes vacant during the term of parliament, then a by-election must be held to fill the vacancy. if the seat held by a member of parliament becomes vacant more than 3 years and 6 months after the first meeting of parliament following the most recent general election, then the seat so vacated shall remain vacant until the next general election. 65. vacancies in membership parliament may act despite a vacancy in its membership, and the presence at, or the participation in, its proceedings of a person not entitled to be a member does not invalidate the proceedings. 66. court of disputed returns the high court is the court of disputed returns and has original jurisdiction to hear and determineby way of a petition, a question whether a person has been validly elected as a member of parliament; and by way of a proceeding, an application for a declaration on whether the seat of a member of parliament has become vacant. the validity of an election of a person as a member of parliament may only be disputed by petition addressed to the court of disputed returns and not otherwise. the petition under subsection (1)(a)may only be brought bya person who had the right to vote in the election concerned; a person who was a candidate in the election concerned; or the attorney-general; and except if corrupt practice is alleged, must be brought within 21 days of the declarations of the poll. if the petitioner in a petition under subsection (1)(a) is not the attorney-general, the attorney-general may intervene in the petition. proceedings pursuant to subsection (1)(b) may only be brought bya member of parliament; a registered voter; or the attorney-general. if the proceedings under subsection (1)(b) are not brought by the attorney-general, the attorney-general may intervene in the proceedings. notwithstanding anything contained in subsection (5), proceedings under subsection (1)(b) cannot be brought under this section by the member of parliament whose seat is the subject of the proceeding, and any proceeding by any such member which seeks to question or challenge the validity of his or her seat in parliament becoming vacant must only be brought under section 63. the court of disputed returns must make a determination on any petition or proceeding within 21 days of the date when the petition or proceeding is brought before it. a determination by the court of disputed returns under this section is final and not subject to any appeal. 67. sessions of parliament after a general election of members of parliament, the parliament shall be summoned to meet by the president no later than 14 days after the announcement of the results of the general election. at the first meeting, the agenda of business shall includeswearing-in of members, presided over by the secretary-general to parliament; the election of the speaker in accordance with section 77, presided over by the secretary-general to parliament; swearing-in of the speaker, presided over by the secretary-general to parliament; the election and swearing-in of the deputy speaker, presided over by the speaker; in the event that the prime minister has not assumed office under section 93(2), the appointment of the prime minister by the members of parliament in accordance with section 93(3); and the election of the leader of the opposition, presided over by the speaker, and conducted in accordance with section 78. other sessions of parliament commence on a date appointed by the president on the advice of the prime minister but no longer than 6 months must elapse between the end of one session and the start of another. ifparliament is not in session; and the president receives a request in writing from not less than one-third of the members of parliament requesting that parliament be summoned to meet to consider without delay a matter of public importance, the president shall summon parliament to meet. ifparliament is in session but more than 2 months have elapsed between the sitting of parliament; and the speaker receives a request in writing from the prime minister or from not less than one-third of the members of parliament requesting that a sitting be held to consider without delay a matter of public importance, the speaker must call a sitting of parliament within one week of the date on which the request was made. subject to this section, the sittings of parliament are held at such times and places as parliament determines in accordance with its rules and orders. 68. quorum a sitting of parliament may not begin, or continue, unless at least onethird of the members of parliament are present. a vote on a bill may not be held in parliament unless a majority of the members of parliament are present. the speaker must adjourn a sitting if a quorum is not present. 69. voting except as otherwise provided in this constitution, any question proposed for decision in parliament must be determined by a majority vote of the members present and voting. on a question proposed for decision in parliamentthe person presiding does not have a casting vote; and in the case of an equality of votes, the question is deemed to be lost. the person presiding must not be counted when considering the number of members for the purpose of voting, or determining if a quorum is present. 70. committees parliament must, under its rules and orders, establish committees with the functions of scrutinising government administration and examining bills and subordinate legislation and such other functions as are specified from time to time in the rules and orders of parliament. 71. standing orders parliament may make standing orders and rules for the order and conduct of business and proceedings in parliament and its committees and for the way in which its powers, privileges and immunities may be exercised and upheld. before the first sitting of the first parliament elected under this constitution, the prime minister shall, in consultation with the attorney-general, prepare, and publish in the gazette, the standing orders of parliament, for adoption by parliament at its first sitting. 72. petitions, public access and participation parliament mustconduct its business in an open manner, and hold its sittings and those of its committees, in public; and facilitate public participation in the legislative and other processes of parliament and its committees. parliament and its committees may not exclude the public, including any media, from any sitting unless, in exceptional circumstances, the speaker has ordered the exclusion of the public on grounds that are reasonable and justifiable. 73. powers, privileges, immunities and discipline every member of parliament, and anyone else speaking in parliament, hasfreedom of speech and debate in parliament or its committees, subject to the standing orders; and parliamentary privilege and immunity in respect of anything said in parliament or its committees. parliament may prescribe the powers, privileges and immunities of members of parliament and may make rules and orders for the discipline of members of parliament. 74. power to call for evidence parliament, and each of its committees, has the power to summon any person to appear before it for the purpose of giving evidence or providing information. for the purposes of subsection (1), parliament and each of its committees has the same powers as the high court toenforce the attendance of witnesses and examine them on oath, affirmation or otherwise; and compel the production of documents or other materials or information as required for its proceedings. part c. institutions and offices 75. electoral commission the electoral commission established under the state services decree 2009 continues in existence. the commission has the responsibility for the registration of voters and the conduct of free and fair elections in accordance with the written law governing elections and any other relevant law, and in particular forthe registration of citizens as voters, and the regular revision of the register of voters; voter education; the registration of candidates for election; the settlement of electoral disputes, including disputes relating to or arising from nominations, but excluding election petitions and disputes subsequent to the declaration of election results; and monitoring and enforcing compliance with any written law governing elections and political parties. the commission has such other functions as are conferred on it by this constitution or a written law. the commission must make an annual report to the president concerning the operations of the commission and must submit a copy of its annual report to parliament. the commission may at other times make such reports to the president and parliament as it thinks fit. the commission consists of a chairperson who is or is qualified to be a judge, and 6 other members. the chairperson and the members of the commission shall be appointed by the president, on the advice of the constitutional offices commission. services decree 2009 continues in existence. a person is not qualified for appointment as a member if he or she isa member of parliament; the holder of a public office (other than an office of judge); a member of a local authority; or a candidate for election to parliament. 76. supervisor of elections the office of the supervisor of elections established under the state the supervisor of elections, acting under the direction of the electoral commission,administers the registration of voters for elections of members to parliament; conductselections of members of parliament; and such other elections as parliament prescribes; and may perform such other functions as are conferred by written law. the supervisor of elections must comply with any directions that the electoral commission gives him or her concerning the performance of his or her functions. the supervisor of elections is appointed by the president on the advice of the constitutional offices commission following consultation by the constitutional offices commission with the electoral commission. 77. speaker and deputy speaker of parliament at its first sitting after a general election, and whenever required to fill a vacancy, parliament must elect, by simple majority votea speaker, who is not a member of parliament but who is qualified to be a candidate for election as a member of parliament; and a deputy speaker from amongst the members of parliament (excluding ministers). the speaker and the deputy speaker assumes office by taking the oath or affirmation of allegiance and office set out in the schedule, as administered by the secretary-general to parliament. the speaker shall preside over every sitting of parliament. the deputy speaker must perform the duties of the speaker if the speaker is absent from duty or from fiji or is, for any other reason, unable to perform those duties. if the speaker or the deputy speaker is unable to perform the duties of the speaker, the members of parliament must elect one of their members to preside at meetings of parliament. the speaker, deputy speaker, or any other person presiding at any time, in the performance of the functions of the speakeris independent and subject only to this constitution and any other law; serves to secure the honour and dignity of parliament; is responsible for ensuringthe rights and privileges of all members; and public access to the proceedings of parliament and its committees; has authority to maintain order and decorum in parliament, in accordance with its standing orders and parliamentary tradition; and must act impartially, and without fear, favour or prejudice. the office of the speaker becomes vacanton the day immediately before the first meeting of parliament after a general election; or if, before that day, the speakerresign by giving to the president a written notice of resignation; becomes the holder of another public office; ceases to have the right to be registered as a voter in an election to parliament; is absent from 2 consecutive meetings of parliament; or is removed from office by a resolution supported by not less than two-thirds of the members of parliament. the office of the deputy speaker becomes vacant if the deputy speakerresigns by giving to the speaker a written notice of resignation; vacates his or her seat as a member of parliament; is appointed as a minister; or is removed from office by a resolution supported by not less than two thirds of the members of parliament. 78. leader of the opposition the members of parliament whodo not belong to the prime minister's political party and are members of the opposition party or a coalition of opposition parties; do not belong to any party which is in coalition with, or which supports, the prime minister's political party; or are independent candidates who do not support the prime minister or the prime minister's political party, must elect a person from amongst themselves to be the leader of the opposition, in accordance with this section. at the first sitting of parliament after a general election, the speaker must call for nominations from those members of parliament mentioned in subsection (1), and, if only one person is nominated and seconded, the speaker shall declare that person elected as the leader of the opposition, but if more than one person is nominated and seconded, the speaker must conduct a vote, as followsif after the first vote, any nominee has the support of the majority of the members of parliament mentioned in subsection (1), the speaker shall declare that person elected as the leader of the opposition; and if no nominee in the first vote receives the support of the majority of the members of parliament mentioned in subsection (1), a second vote must be held within 24 hours of the first vote and the nominee who has the support of the majority of the members of parliament mentioned in subsection (1) in the second vote shall be declared by the speaker as being elected as the leader of the opposition. if after the second vote held under subsection (2), no person receives the support of the majority of the members of parliament mentioned in subsection (1), the position of the leader of the opposition shall remain vacant until such time the majority of the members of parliament mentioned in subsection (1) write to the speaker requesting him or her to call for fresh nominations for the election of the leader of the opposition in accordance with the procedure set out in subsection (2). if a majority of the members mentioned in subsection (1) consider that the person who is the leader of the opposition should no longer hold the position of the leader of the opposition, then they shall inform the speaker of their decision and they may elect another member of parliament mentioned in subsection (1), in accordance with the procedure set out in subsection (2). upon the expiry or dissolution of parliament, the leader of the opposition continues in office until the next appointment of a prime minister. if a leader of the opposition is unable to be elected in accordance with this section, then the provisions of this constitution providing for any action by the leader of the opposition, including any advice, nomination or consultation of the leader of the opposition, are of no effect, and an appointment may be made or action may be taken under a provision of this constitution without reference to the leader of the opposition. 79. secretary-general to parliament this section establishes the office of the secretary-general to parliament. the secretary-general to parliament shall be appointed by the president on the advice of the constitutional offices commission. the secretary-general to parliament has the same status as that of a permanent secretary and shall be responsible to the speaker for the efficient, effective and economical management of parliament. the secretary-general to parliament is the principal procedural advisor to the speaker, and to all members of parliament and committees of parliament. the secretary-general to parliament is responsible for all the functions as may be conferred on him or her by the standing orders of parliament. in the performance of the functions or the exercise of the authority and powers, the secretary-general to parliament shall be independent and shall not be subject to the direction or control of any person or authority, except the speaker, a court of law or as otherwise prescribed by written law. the secretary-general to parliament shall have the authority to appoint, remove and discipline all staff (including administrative staff) in parliament. the secretary-general to parliament has the authority to determine all matters pertaining to the employment of all staff in parliament, includingthe terms and conditions of employment; the qualification requirements for appointment and the process to be followed for appointment, which must be an open, transparent and competitive selection process based on merit; the salaries, benefits and allowances payable, in accordance with its budget as approved by parliament; and the total establishment or the total number of staff that are required to be appointed, in accordance with the budget as approved by parliament. the salaries, benefits and allowances payable to the secretary-general to parliament and any person employed in parliament are a charge on the consolidated fund. parliament shall ensure that adequate funding and resources are made available to the secretary-general to parliament, to enable him or her to independently and effectively exercise the powers and perform the functions and duties of the secretary-general to parliament. 80. remunerations the remuneration, including salaries and allowances and benefits, payable to, the president, the prime minister, other ministers, the leader of the opposition, the speaker and the deputy speaker of parliament and a member of parliament shall be prescribed by a written law, and must not be varied to their disadvantage, except as part of an overall austerity reduction similarly applicable to all officers of the state. chapter 4. the executive part a. the president 81. the president of fiji this section establishes the office of the president. the president is the head of state, and the executive authority of the state is vested in the president. the president shall perform the ceremonial functions and responsibilities as the commander-in-chief of the republic of fiji military forces. the president shall open each annual session of parliament with an address outlining the policies and programmes of the government. 82. president acts on advice in the exercise of his or her powers and executive authority, the president acts only on the advice of cabinet or a minister or of some other body or authority prescribed by this constitution for a particular purpose as the body or authority on whose advice the president acts in that case. 83. qualification for appointment a person shall not be qualified to be nominated for the office of the president unless he or shehas had a distinguished career in any aspect of national or international life, whether in the public or private sector; holds only a fijian citizenship; is not a member of, or holds any office in, any political party; is not a candidate for election to any other office in the state; and has not, at any time during the 6 years immediately before being nominated, been convicted of any offence under any law. a person holding a public office is not required to resign from that office before accepting nomination for president, but the appointment of the person as the president has the effect of terminating his or her service in that office. nothing in this section prevents the president from holding a public office, by virtue of his or her appointment as the president, under any written law. 84. appointment of president the president shall be appointed by parliament in accordance with this section. whenever a vacancy arises in the office of the president, the prime minister and the leader of the opposition shall nominate one name each to the speaker who shall put both the names to the floor of parliament for voting by the members of parliament. the person who receives the support of the majority of the members of parliament present shall be appointed as the president, and the speaker shall publicly announce the name of the president. in the event that both persons nominated receive the same number of votes, the speaker shall conduct the voting again after 24 hours, and voting shall continue until such time a person nominated as the president receives the support of the majority of the members of parliament, provided however that if after 3 rounds of voting, no person receives the support of the majority of the members of parliament, then the person nominated by the prime minister shall be announced by the speaker as being appointed as the president by parliament. if the prime minister and the leader of the opposition nominate the same person, then no voting shall take place and the speaker shall publicly announce that person as being appointed as the president by parliament. 85. term of office and remuneration the president holds office for 3 years, and is eligible for re-appointment for one further term of 3 years, but is not eligible for re-appointment after that. for the purposes of subsection (1), in determining whether a person is eligible for appointment or re-appointment, any period served before the commencement of this constitution shall be taken into account. the president shall receive such remuneration, allowances and other benefits, as prescribed by a written law made under section 80. 86. oath of office before taking office, the president must take before the chief justice the oath or affirmation of allegiance and office as set out in the schedule in a public ceremony. 87. resignation the president may resign from office by delivering a written notice of resignation to the prime minister who shall table the notice in parliament. 88. chief justice to perform functions in absence of president if the president is absent from duty or from fiji or is, for any other reason, unable to perform the functions of the president or if the office of the president becomes vacant for any reason, then the functions of the office of the president shall be performed by the chief justice. 89. removal from office the president may be removed from office for inability to perform the functions of office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and may not otherwise be removed. removal of the president from office must only be done pursuant to this section. if the prime minister considers that the question of removing the president from office ought to be investigated, thenthe prime minister shall request the chief justice to establishin the case of alleged misbehaviour-a tribunal, consisting of a chairperson and 2 other members each of whom is, or is eligible to be, a judge; or in the case of alleged inability to perform the functions of office-a medical board, consisting of a chairperson and 2 other members, each of whom is a qualified medical practitioner, and the prime minister shall notify the president of the request; the chief justice, who must act on the request, shall establish the tribunal or medical board, as the case may be; and the tribunal or medical board shall enquire into the matter and furnish a written report, including its advice on whether the president should be removed from office, to the chief justice, who shall refer the report to the prime minister for tabling in parliament. in deciding whether to remove the president from office, parliament must act in accordance with the advice given by the tribunal or the medical board, as the case may be. the president is taken to be unable to perform the functions of his or her office during the period starting on the day on which the president receives notification under subsection (3)(a) and ending on the day a decision is made under subsection (4). the report of the tribunal or the recommendations of the medical board, as the case may be, made under subsection (3) shall be made public. part b. cabinet 90. responsible government governments must have the confidence of parliament. 91. cabinet cabinet consists of the prime minister as chairperson, and such number of ministers as determined by the prime minister. cabinet members are accountable individually and collectively to parliament, for the exercise of their powers and the performance of their functions. a minister must appear before parliament, or a committee of parliament, when required, and answer any question concerning a matter for which the minister is responsible. cabinet members must provide parliament with full and regular reports concerning matters for which they are responsible. cabinet may seek an opinion from the supreme court on any matter concerning the interpretation or application of this constitution. 92. office of the prime minister the prime minister is the head of the government. the prime minister shall keep the president generally informed about the issues relating to the governance of fiji. the prime ministerappoints ministers with such titles, portfolios and responsibilities as the prime minister determines from time to time; dismisses ministers; and by notice published in the gazette, assigns to any minister or to himself or herself responsibility for the conduct of a specified part of the business of the government, including responsibility for the general direction and control over a branch or branches of the public service or over a disciplined force and responsibility for the implementation and administration of each act, provided however that the responsibility for any part of the business of government that is not specifically assigned shall remain with the prime minister. the prime minister shall appoint a minister to act in the office of the prime minister during any period, or during all periods, when the prime minister is absent from duty or from fiji or is, for any other reason, unable to perform the functions of office, and a notification of the appointment of the acting prime minister must be published in the gazette. 93. appointment of prime minister the prime minister must be a member of parliament. after a general election, the member elected to parliament who is the leader of one political party which has won more than 50% of the total number of seats in parliament assumes office as the prime minister by taking before the president the oath or affirmation of allegiance and office (which the president must administer) as set out in the schedule. after a general election, if no one political party has won more than 50% of the total number of seats in parliament, then, at the first sitting of parliament, the speaker must call for nominations from members of parliament and, if only one person is nominated and seconded, then that person assumes office as the prime minister by taking before the president the oath or affirmation of allegiance and office (which the president must administer) as set out in the schedule; but if more than one person is nominated and seconded, the speaker must conduct a vote, as followsif after the first vote, a person who is nominated has the support of more than 50% of the members of parliament, then that person assumes office as the prime minister by taking before the president the oath or affirmation of allegiance and office (which the president must administer) as set out in the schedule; if after the first vote, no person who is nominated receives the support of more than 50% of the members of parliament, a second vote must be held within 24 hours of the first vote and, if after the second vote, a person who is nominated has the support of more than 50% of the members of parliament, then that person assumes office as the prime minister by taking before the president the oath or affirmation of allegiance and office (which the president must administer) as set out in the schedule; if after the second vote, no person who is nominated receives the support of more than 50% of the members of parliament, a third vote must be held within 24 hours of the second vote and, if after the third vote, a person who is nominated has the support of more than 50% of the members of parliament, then that person assumes office as the prime minister by taking before the president the oath or affirmation of allegiance and office (which the president must administer) as set out in the schedule; and if after the third vote, no person receives the support of more than 50% of the members of parliament, the speaker shall notify the president in writing of the inability of parliament to appoint a prime minister, and the president shall, within 24 hours of the notification, dissolve parliament and issue the writ for a general election to take place in accordance with this constitution. a vacancy arises if the prime ministerresigns, by written notice to the president; ceases to be, or ceases to qualify to be, a member of parliament; or dies. if a vacancy arises in the office of the prime minister under subsection (4), then the speaker shall immediately convene parliament and call for nominations from members of parliament for the office of the prime minister and, if only one person is nominated and seconded, then that person assumes office as the prime minister by taking before the president the oath or affirmation of allegiance and office (which the president must administer) as set out in the schedule, but if more than one person is nominated and seconded, the speaker must conduct a vote, as followsif after the first vote, a person who is nominated has the support of more than 50% of the members of parliament, then that person assumes office as the prime minister by taking before the president the oath or affirmation of allegiance and office (which the president must administer) as set out in the schedule; if after the first vote, no person who is nominated receives the support of more than 50% of the members of parliament, a second vote must be held within 24 hours of the first vote and, if after the second vote, a person who is nominated has the support of more than 50% of the members of parliament, then that person assumes office as the prime minister by taking before the president the oath or affirmation of allegiance and office (which the president must administer) as set out in the schedule; if after the second vote, no person who is nominated receives the support of more than 50% of the members of parliament, a third vote must be held within 24 hours of the second vote and, if after the third vote, a person who is nominated has the support of more than 50% of the members of parliament, then that person assumes office as the prime minister by taking before the president the oath or affirmation of allegiance and office (which the president must administer) as set out in the schedule; and if after the third vote, no person receives the support of more than 50% of the members of parliament, the speaker shall notify the president in writing of the inability of parliament to appoint a prime minister, and the president shall, within 24 hours of the notification, dissolve parliament and issue the writ for a general election to take place in accordance with this constitution. the prime minister shall serve for the full term of parliament, unless dismissed in a motion of no confidence under section 94, and shall not be otherwise dismissed. the prime minister and other ministers continue in office until the next prime minister assumes office after a general election in accordance with this section. 94. motion of no confidence the prime minister may only be dismissed by a motion of no confidence, which must also propose the name of another member of parliament to be the prime minister. a motion of no confidence must be called for a vote within 24 hours of it being introduced. a motion of no confidence passes if it is supported by at least a majority of the members of parliament further motion of no confidence may be introduced against him or her for at least 6 if a motion of no confidence passesthe incumbent prime minister immediately ceases to hold office; every other member of cabinet is deemed to have resigned; and the person proposed to be the prime minister, in the motion, assumes that office immediately upon being sworn in by the president. if a motion of no confidence fails against the incumbent prime minister, no months. 95. appointment of ministers subject to section 96(3), a minister must be a member of parliament. each member of cabinet assumes office by taking the oath or affirmation of allegiance and office set out in the schedule, as administered by the president. each minister continues in office unless he or sheis removed by the prime minister; ceases to be, or ceases to qualify to be, a member of parliament; or resigns by delivering a written notice of resignation to the prime minister. the prime minister may appoint a minister to act in the office of another minister during any period, or during all periods, when the other minister is absent from duty or from fiji or is, for any other reason, unable to perform the functions of office, and a notification of the appointment of an acting minister must be published in the gazette. 96. attorney-general the minister appointed as the attorney-general is the chief legal adviser to the government. a person is not qualified to be appointed as the attorney-general unless he or sheis admitted as a legal practitioner in fiji and has had not less than 15 years post-admission practice as a legal practitioner whether in fiji or abroad; and has not been found guilty of any disciplinary proceeding involving legal practitioners whether in fiji or abroad, including any proceeding by the independent legal services commission or any proceeding under the law governing legal practitioners, barristers and solicitors prior to the establishment of the independent legal services commission. if the prime minister considers that there are no members of parliament whobelong to the prime minister's political party; belong to any political party in coalition with the prime minister's political party; or are independent candidates who support the prime minister, who are qualified, suitable or available to be appointed as the attorney-general, then the prime minister may appoint a person who is not a member of parliament as the attorney-general if that personis a legal practitioner who is qualified to be appointed as the attorney-general under subsection (2); and is qualified to be a candidate for election to parliament under section 56. a person appointed as the attorney-general under subsection (3) shall be entitled to take part in cabinet as a minister, and to sit in parliament, provided however that he or she shall not be eligible to vote in parliament. any person appointed as the attorney-general must not, during the term of his or her appointment as the attorney-general, practice as a legal practitioner in a law firm or have any interest in a law firm or have any law firm practice under his or her name. the prime minister may appoint a minister or a member of parliament or another person (in accordance with subsection (3)) who is qualified to be appointed as the attorney-general to act as the attorney-general during any period, or during all periods, when the attorney-general is absent from duty or from fiji or is, for any other reason, unable to perform the functions of office, and a notification of the acting appointment must be published in the gazette. subsection (5) does not apply to any person appointed to act as the attorney-general under subsection (6). chapter 5. judiciary part a. courts and judicial officers 97. judicial authority and independence the judicial power and authority of the state is vested in the supreme court, the court of appeal, the high court, the magistrates court, and in such other courts or tribunals as are created by law. the courts and all judicial officers are independent of the legislative and executive branches of government, and are subject only to this constitution and the law, which they must apply without fear, favour or prejudice. no person may interfere with the judicial functioning of the courts, or unreasonably interfere with the administrative functioning of the courts. parliament and cabinet, through legislative and other measures, must assist and protect the courts to ensure their independence, impartiality, accessibility and effectiveness. parliament must ensure that the judiciary has adequate financial and other resources to perform its functions and exercise its powers properly. the judiciary has control of its own budget and finances, as approved by parliament. 98. supreme court the supreme court consists ofthe chief justice, who is the president of the supreme court; and such other judges as are appointed as judges of the supreme court, to serve as the occasion requires. if deemed necessary by the chief justice, any of the justices of appeal may sit on a matter being heard by the supreme court. the supreme courtis the final appellate court; has exclusive jurisdiction, subject to such requirements as prescribed by written law, to hear and determine appeals from all final judgments of the court of appeal; and has original jurisdiction to hear and determine constitutional questions referred under section 91(5). an appeal may not be brought to the supreme court from a final judgment of the court of appeal unless the supreme court grants leave to appeal. in the exercise of its appellate jurisdiction, the supreme court mayreview, vary, set aside or affirm decisions or orders of the court of appeal; or make any other order necessary for the administration of justice, including an order for a new trial or an order awarding costs. decisions of the supreme court are, subject to subsection (7), binding on all other courts of the state. the supreme court may review any judgment, pronouncement or order made by it. 99. court of appeal the court of appeal consists ofa judge, other than the chief justice, who is appointed as the president of the court of appeal; and such other judges as are appointed as justices of appeal. if deemed necessary by the president of the court of appeal, any of the judges of the high court, other than the chief justice, may sit on a matter being heard by the court of appeal. the court of appeal has jurisdiction, subject to this constitution and to such requirements as prescribed by written law, to hear and determine appeals from all judgments of the high court, and has such other jurisdiction as is conferred by written law. appeals lie to the court of appeal as of right from a final judgment of the high court in any manner arising under this constitution or involving its interpretation. a written law may provide that appeals lie to the court of appeal, as of right or with leave, from other judgments of the high court in accordance with such requirements as prescribed in that written law or under the rules pertaining to the court of appeal. 100. high court the high court consists ofthe chief justice; such other judges as are appointed as judges of the high court; masters of the high court; and chief registrar of the high court. the jurisdiction and powers of the masters of the high court and the chief registrar of the high court shall be prescribed by written law. the high court has unlimited original jurisdiction to hear and determine any civil or criminal proceedings under any law and such other original jurisdiction as is conferred on it under this constitution or any written law. the high court also has original jurisdiction in any matter arising under this constitution or involving its interpretation. the high court has jurisdiction, subject to conferral by written law of rights of appeal and to such requirements as may be prescribed by written law, to hear and determine appeals from all judgments of the magistrates court and other subordinate courts. the high court has jurisdiction to supervise any civil or criminal proceedings before a magistrates court or other subordinate courts and may, on an application duly made to it, make such orders, issue such writs and give such directions as it considers appropriate to ensure that justice is duly administered by the magistrates court and other subordinate courts. if in any proceedings in a magistrates court or a subordinate court, a question arises as to the interpretation of this constitution, the magistrates court or a subordinate court may decide the matter, and its decision may be appealed as of right to the high court. 101. magistrates court the magistrates court consists ofthe chief magistrate; and such other magistrates as are appointed by the judicial services commission. the magistrates court has such jurisdiction as conferred by a written law. 102. other courts a written law may establish and determine the authority of other courts, tribunals or commissions, which may have a status similar to the high court, the magistrates court, or other subordinate courts. 103. court rules and procedures the president of the supreme court may make rules of court and issue directions, consistent with this constitution or a written law, for regulating and prescribing the practice and procedure to be followed in the supreme court. the president of the court of appeal may make rules of court and issue directions, consistent with this constitution or a written law, for regulating and prescribing the practice and procedure to be followed in the court of appeal. the chief justice may make rules of court and issue directions, consistent with this constitution or a written law, for regulating and prescribing the practice and procedure to be followed in the high court and the magistrates court. 104. judicial services commission the judicial services commission established under the administration of justice decree 2009 continues in existence, and shall consist ofthe chief justice, who is to be the chairperson; the president of the court of appeal; the permanent secretary responsible for justice; a legal practitioner to be appointed by the president on the advice of the chief justice following consultation by the chief justice with the attorney-general and whohas not less than 15 years post-admission practice; and has not been found guilty of any disciplinary proceeding involving legal practitioners whether in fiji or abroad, including any proceeding by the independent legal services commission or any proceeding under the law governing legal practitioners, barristers and solicitors prior to the establishment of the independent legal services commission; and a person, not being a legal practitioner, appointed by the president on the advice of the chief justice following consultation by the chief justice with the attorney-general. in addition to the functions conferred on it elsewhere in this constitution, the commission may investigate complaints about judicial officers. in addition to the functions conferred on it by or under this constitution, the commission has such other powers and functions as may be prescribed by a written law. the commission shall be responsible for promoting programmes for the continuing education and training of judges and judicial officers. the commission shall be responsible for the efficient functioning of the judiciary. the commission may regulate its own procedure and may make such rules and regulations as it deems fit for regulating and facilitating the performance of its functions. the commission shall provide regular updates and advice to the attorney-general on any matter relating to the judiciary or the administration of justice. in the performance of its functions or the exercise of its authority and powers, the commission shall be independent and shall not be subject to the direction or control of any person or authority, except by a court of law or as otherwise prescribed by written law. the secretary of the commission shall be the chief registrar, or any other person performing the functions of that office. the quorum for the meetings of the commission shall consist of the chairperson and 2 other members. the members of the commission referred to in subsection (1)(d) and (e) shall be appointed for a term of 3 years and shall be eligible for re-appointment. the members of the commission referred to in subsection (1)(d) and (e) shall be entitled to such remuneration as determined by the president acting on the advice of the chief justice following consultation by the chief justice with the attorney-general, and any such remuneration must not be varied to their disadvantage, except as part of an overall austerity reduction similarly applicable to all officers of the state. the members of the commission referred to in subsection (1)(d) or (e) maybe removed from office for inability to perform the functions of office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and may not otherwise be removed. removal from office of the members of the commission referred to in subsection (1)(d) or (e) must be pursuant to subsection (15). if the chief justice, following consultation with the attorney-general, considers that the question of removal of the member of the commission referred to in subsection (1)(d) or (e) from office ought to be investigated, thenthe chief justice appointsin the case of alleged misbehaviour-a tribunal, consisting of a chairperson and not less than 2 other members, selected from amongst persons who hold or are qualified to hold the office of a judge; and in the case of alleged inability to perform the functions of office-a medical board, consisting of a chairperson and 2 other members, each of whom is a qualified medical practitioner; the tribunal or medical board enquires into the matter and furnishes a written report of the facts to the president and advises the president of its recommendation whether or not the member of the commission referred to in subsection (1)(d) or (e) should be removed from office; and in deciding whether or not to remove the member of the commission referred to in subsection (1)(d) or (e) from office, the president must act in accordance with the advice of the tribunal or medical board, as the case may be. the president on the advice of the chief justice following consultation by the chief justice with the attorney-general may, on such terms and conditions as he or she deems fit, suspend the member of the commission referred to in subsection (1)(d) or (e) from office pending investigation and pending referral to and appointment of a tribunal or a medical board under subsection (15), and may at any time, revoke the suspension. the suspension of the member of the commission referred to in subsection (1)(d) or (e) from office under subsection (16) ceases to have effect if the president determines that the person should not be removed from office. the report of the tribunal or the recommendations of the medical board, as the case may be, made under subsection (15) shall be made public. 105. qualification for appointment the making of appointments to a judicial office is governed by the principle that judicial officers should be of the highest competence and integrity. a person is not qualified for appointment as a judge unless he or sheholds, or has held a high judicial office in fiji or in another country prescribed by law; or has had not less than 15 years post-admission practice as a legal practitioner in fiji or in another country prescribed by law, and has not been found guilty of any disciplinary proceeding involving legal practitioners whether in fiji or abroad, including any proceeding by the independent legal services commission or any proceeding under the law governing legal practitioners, barristers and solicitors prior to the establishment of the independent legal services commission. a person is not qualified for appointment as a magistrate unless he or sheholds, or has held a judicial office in fiji or in another country prescribed by law; or has had not less than 10 years post-admission practice as a legal practitioner in fiji or in another country prescribed by law, and has not been found guilty of any disciplinary proceeding involving legal practitioners whether in fiji or abroad, including any proceeding by the independent legal services commission or any proceeding under the law governing legal practitioners, barristers and solicitors prior to the establishment of the independent legal services commission. 106. appointment of judges the chief justice and the president of the court of appeal are appointed by the president on the advice of the prime minister following consultation by the prime minister with the attorney-general. the judges of the supreme court, the justices of appeal and the judges of the high court are appointed by the president on the recommendation of the judicial services commission following consultation by it with the attorney-general. the president may, on the advice of the prime minister following consultation by the prime minister with the attorney-general, appoint a judge or a person who is qualified for appointment as a judge to act as the chief justice during any period, or during all periods, when the office of the chief justice is vacant or when the chief justice is absent from duty or from fiji or is, for any reason, unable to perform the functions of office. the president may, on the recommendation of the judicial services commission following consultation by it with the attorney-general, appoint a person to act as a judge of the high court during any period or during all periods, when an office of a judge of the high court is vacant or when a judge is absent from duty or from fiji or is, for any reason, unable to perform the functions of office. a person is not eligible to be appointed under subsection (4) unless he or she is qualified for appointment as a judge. 107. other appointments the judicial services commission has the authority to appoint magistrates, masters of the high court, the chief registrar, and other judicial officers as may be prescribed by any written law. in making appointments under subsection (1), the judicial services commission must consult with the attorney-general. 108. judicial department employees the judicial services commission has the authority to appoint, remove and take disciplinary action against all non-judicial officers employed in the judiciary. the judicial services commission has the authority to determine all matters pertaining to the employment of non-judicial officers employed in the judiciary, includingthe terms and conditions of employment; the qualification requirements for appointment and the process to be followed for appointment, which must be an open, transparent and competitive selection process based on merit; the salaries, benefits and allowances payable, in accordance with its budget as approved by parliament; and the total establishment or the total number of non-judicial officers that are required to be appointed, in accordance with the budget as approved by parliament. the judicial services commission may by written notice delegate its powers and authority under this section to the chief registrar. 109. oath of office before taking office, a judge or magistrate must take before the president, the oath or affirmation of allegiance and office set out in the schedule. 110. term of office a person who is not a citizen of fiji and who is appointed to be a judge in fiji serves for a period not exceeding 3 years determined in each case by the judicial services commission at the time of appointment, and may be eligible for re-appointment. any other appointment as a judge continues until the judge reaches retirement age, which isfor the chief justice, president of the court of appeal, judges of the supreme court and justices of appeal-the age of 75; and for the judges of the high court-the age of 70. a person who retired as a judge of the high court, but has not reached the age of 75, is eligible for appointment as a judge of the supreme court or as a justice of appeal. 111. removal of chief justice and president of the court of appeal for cause the chief justice or the president of the court of appeal may be removed from office for inability to perform the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and may not otherwise be removed. removal of the chief justice or the president of the court of appeal from office must be by the president pursuant to this section. if the president, acting on the advice of the prime minister considers that the question of removing the chief justice or the president of the court of appeal from office ought to be investigated, thenthe president, acting on the advice of the prime minister, shall appointin the case of alleged misbehaviour-a tribunal, consisting of a chairperson and not less than 2 other members, selected from amongst persons who hold or have held high judicial office in fiji or in another country; and in the case of alleged inability to perform the functions of office-a medical board, consisting of a chairperson and 2 other members, each of whom is a qualified medical practitioner; the tribunal or medical board enquires into the matter and furnishes a written report of the facts to the president and advises the president of its recommendation whether or not the chief justice or the president of the court of appeal should be removed from office; and in deciding whether or not to remove the chief justice or the president of the court of appeal, the president must act on the advice of the tribunal or medical board, as the case may be. the president may, on the advice of the prime minister, suspend the chief justice or the president of the court of appeal from office pending investigation and pending referral to and appointment of a tribunal or a medical board under subsection (3), and may at any time, revoke the suspension. the suspension of the chief justice or the president of the court of appeal from office under subsection (4) ceases to have effect if the president determines that the chief justice or the president of the court of appeal should not be removed from office. the report of the tribunal or the recommendations of the medical board, as the case may be, made under subsection (3) shall be made public. 112. removal of judicial officers for cause a judge, magistrate, master of the high court, the chief registrar or any other judicial officer appointed by the judicial services commission may be removed from office for inability to perform the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and may not otherwise be removed. removal of a judge, magistrate, master of the high court, the chief registrar or any other judicial officer appointed by the judicial services commission from office must be by the president pursuant to this section. if the president, acting on the advice of the judicial services commission, considers that the question of removing a judge, magistrate, master of the high court, the chief registrar or any other judicial officer appointed by the judicial services commission from office ought to be investigated, thenthe president, acting on the advice of the judicial services commission, shall appointin the case of alleged misbehaviour-a tribunal, consisting of a chairperson and not less than 2 other members, selected from amongst persons who hold or have held high judicial office in fiji or in another country; and in the case of alleged inability to perform the functions of office-a medical board, consisting of a chairperson and 2 other members, each of whom is a qualified medical practitioner; the tribunal or medical board enquires into the matter and furnishes a written report of the facts to the president and advises the president of its recommendation whether or not the judge, magistrate, master of the high court, the chief registrar or any other judicial officer appointed by the judicial services commission should be removed from office; and in deciding whether or not to remove a judge, the president must act on the advice of the tribunal or medical board, as the case may be. the president may, acting on the advice of the judicial services commission, suspend the judge, magistrate, master of the high court, the chief registrar or any other judicial officer appointed by the judicial services commission from office pending investigation and pending referral to and appointment of a tribunal or a medical board under subsection (3), and may at any time, revoke the suspension. the suspension of the judge, magistrate, master of the high court, the chief registrar or any other judicial officer appointed by the judicial services commission from office under subsection (4) ceases to have effect if the president determines that the judge, magistrate, master of the high court, the chief registrar or any other judicial officer appointed by the judicial services commission should not be removed from office. the report of the tribunal or the recommendations of the medical board, as the case may be, made under subsection (3) shall be made public. this section does not apply to the chief justice or the president of the court of appeal. 113. remuneration of judicial officers the salaries and benefits payable to, or in respect of, a judicial officer must not be varied to the disadvantage of that judicial officer, except as part of an overall austerity reduction similarly applicable to all officers of the state. the salaries and benefits payable to the chief justice and the president of the court of appeal shall be determined by the president on the advice of the prime minister following consultation by the prime minister with the attorney-general. the salaries and benefits payable to any person appointed as a judge (other than the chief justice and the president of the court of appeal), magistrate, master of the high court, the chief registrar or other judicial officers appointed by the judicial services commission shall be determined by the judicial services commission, following consultation with the prime minister and the attorney-general. the remuneration and benefits payable to or in respect of a judicial officer are a charge on the consolidated fund. a judicial officer is protected from civil or criminal action for anything said or done, or omitted to be done, in the performance of a judicial function. part b. judicial and legal institutions 114. independent legal services commission the independent legal services commission established by the legal practitioners decree 2009 continues in existence. the commission shall consist of a commissioner, who is, or is qualified to be appointed as a judge. the commissioner shall be appointed by the president, on the advice of the judicial services commission following consultation by the judicial services commission with the attorney-general. the commissioner shall be appointed for a term of 3 years and shall be eligible for re-appointment. the president may, on the recommendation of the judicial services commission following consultation by it with the attorney-general, appoint a person to act as the commissioner during any period or during all periods, when the office of the commissioner is vacant or when the commissioner is absent from duty or from fiji or is, for any reason, unable to perform the functions of office. the commissioner may be removed from office for inability to perform the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and may not otherwise be removed. the procedure for removal of the commissioner from office shall be the same as the procedure for removal of a judicial officer under section 112. the authority, functions and responsibilities of the commission shall be prescribed by written law, and a written law may make further provisions for the commission. in the performance of his or her functions or the exercise of his or her authority and powers, the commissioner shall be independent and shall not be subject to the direction or control of any person or authority, except by a court of law or as otherwise prescribed by written law. the commissioner shall be entitled to such remuneration as determined by the president acting on the advice of the judicial services commission following consultation by the judicial services commission with the attorney-general, and any such remuneration must not be varied to their disadvantage, except as part of an overall austerity reduction similarly applicable to all officers of the state. the commission may regulate its own procedure and may make such rules and regulations as it deems fit for regulating and facilitating the performance of its functions. the commission shall provide regular updates and advice to the attorney-general on any matter relating to its functions and responsibilities. 115. fiji independent commission against corruption the fiji independent commission against corruption established by the fiji independent commission against corruption promulgation 2007 continues in existence. the commission shall consist of a commissioner, deputy commissioner and such other officers as may be appointed by law. the authority, functions and responsibility of the commission shall be prescribed by written law, and a written law may make further provisions for the commission. without prejudice to subsection (3), the commission mayinvestigate, institute and conduct criminal proceedings; take over investigations and criminal proceedings that fall under its responsibility and functions as prescribed by law, and which may have been initiated by another person or authority; and discontinue, at any stage before judgment is delivered, criminal proceedings instituted or conducted by it. the powers of the commissioner and the deputy commissioner may be exercised by him or her personally, his or her delegate, or through other persons acting on his or her instructions. in the performance of its functions or the exercise of its authority and powers, the commission shall be independent and shall not be subject to the direction or control of any person or authority, except by a court of law or as otherwise prescribed by written law. in exercising its powers and performing its functions and duties, the commission shall be guided by the standards established under the united nations convention against corruption. the commission may regulate its own procedure and may make such rules and regulations as it deems fit for regulating and facilitating the performance of its functions. the commission shall provide regular updates and advice to the attorney-general on any matter relating to its functions and responsibilities. the commissioner and the deputy commissioner have the authority to appoint, remove and discipline all staff (including administrative staff) in the commission. the commissioner and the deputy commissioner have the authority to determine all matters pertaining to the employment of all staff in the fiji independent commission against corruption, includingthe terms and conditions of employment; the qualification requirements for appointment and the process to be followed for appointment, which must be an open, transparent and competitive selection process based on merit; the salaries, benefits and allowances payable, in accordance with its budget as approved by parliament; and the total establishment or the total number of staff that are required to be appointed, in accordance with the budget as approved by parliament. the commissioner and the deputy commissioner shall be entitled to such remuneration as determined by the president acting on the advice of the judicial services commission following consultation by the judicial services commission with the attorney-general, and any such remuneration must not be varied to their disadvantage, except as part of an overall austerity reduction similarly applicable to all officers of the state. the salaries, benefits and allowances payable to any person employed in the commission are a charge on the consolidated fund. parliament shall ensure that adequate funding and resources are made available to the commission, to enable it to independently and effectively exercise its powers and perform its functions and duties. 116. solicitor-general the office of the solicitor-general established by the state services decree 2009 continues in existence. the solicitor-general is responsible forproviding independent legal advice to government and to the holder of a public office, on request; preparing draft laws on the request of cabinet; maintaining a publicly accessible register of all written law; representing the state in court in any legal proceedings to which the state is a party, other than criminal proceedings; and performing any other functions assigned by this constitution, any written law, cabinet or the attorney-general. the solicitor-general, with the permission of the court, may appear as a friend of the court in any civil proceedings to which the state is not a party. the solicitor-general must be a person who is qualified to be appointed as a judge. the solicitor-general shall be appointed by the president on the recommendation of the judicial services commission following consultation by the judicial services commission with the attorney-general. the president may, on the recommendation of the judicial services commission following consultation by it with the attorney-general, appoint a person to act as the solicitor-general during any period or during all periods, when the office of the solicitor-general is vacant or when the solicitor-general is absent from duty or from fiji or is, for any reason, unable to perform the functions of office. the solicitor-general has the same status as that of a permanent secretary and shall be responsible as the permanent secretary for the office of the attorney-general and may be assigned such additional responsibilities as permanent secretary. the solicitor-general shall have the same term of office as a judge of the high court, and shall be paid such remuneration as determined by the judicial services commission in consultation with the attorney-general, provided however that such remuneration shall not be less than that payable to a judge of the high court or a permanent secretary and any such remuneration must not be varied to his or her disadvantage, except as part of an overall austerity reduction similarly applicable to all officers of the state. the solicitor-general may be removed from office for inability to perform the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and may not otherwise be removed. the procedure for removal of the solicitor-general from office shall be the same as the procedure for removal of a judicial officer under section 112. the solicitor-general shall have the authority to appoint, remove and institute disciplinary action against all staff (including administrative staff) in the office of the attorney-general. the solicitor-general has the authority to determine all matters pertaining to the employment of all staff in the office of the attorney-general, includingthe terms and conditions of employment; the qualification requirements for appointment and the process to be followed for appointment, which must be an open, transparent and competitive selection process based on merit; the salaries, benefits and allowances payable, in accordance with its budget as approved by parliament; and the total establishment or the total number of staff that are required to be appointed, in accordance with the budget as approved by parliament. the salaries, benefits and allowances payable to any person employed in the office of the attorney-general are a charge on the consolidated fund. any functions assigned to the solicitor-general may be exercised in person or by subordinate officers acting in accordance with general or special instructions. 117. director of public prosecutions the office of the director of public prosecutions established under the state services decree 2009 continues in existence. the director of public prosecutions must be a person who is qualified to be appointed as a judge. the director of public prosecutions shall be appointed by the president on the recommendation of the judicial services commission following consultation by the judicial services commission with the attorney-general. the president may, on the recommendation of the judicial services commission following consultation by it with the attorney-general, appoint a person to act as the director of public prosecutions during any period or during all periods, when the office of the director of public prosecutions is vacant or when the director of public prosecutions is absent from duty or from fiji or is, for any reason, unable to perform the functions of office. the director of public prosecutions shall be appointed for a term of 7 years and is eligible for re-appointment, and shall be paid such remuneration as determined by the judicial services commission in consultation with the attorney-general provided however that such remuneration shall not be less than that payable to a judge of the high court and any such remuneration must not be varied to his or her disadvantage, except as part of an overall austerity reduction similarly applicable to all officers of the state. the director of public prosecutions may be removed from office for inability to perform the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and may not otherwise be removed. the procedure for removal of the director of public prosecutions from office shall be the same as the procedure for removal of a judicial officer under section 112. the director of public prosecutions mayinstitute and conduct criminal proceedings; take over criminal proceedings that have been instituted by another person or authority (except proceedings instituted by the fiji independent commission against corruption); discontinue, at any stage before judgment is delivered, criminal proceedings instituted or conducted by the director of public prosecutions or another person or authority (except proceedings instituted or conducted by the fiji independent commission against corruption); and intervene in proceedings that raise a question of public interest that may affect the conduct of criminal proceedings or criminal investigations. the powers of the director of public prosecutions may be exercised by the director personally, or through other persons acting on the director's instructions. in the exercise of the powers conferred under this section, the director of public prosecutions shall not be subject to the direction or control of any other person or authority, except by a court of law or as otherwise prescribed by this constitution or a written law. the director of public prosecutions may appoint any legal practitioner whether from fiji or from another country to be a public prosecutor for the purposes of any criminal proceeding. the director of public prosecutions shall have the authority to appoint, remove and institute disciplinary action against all staff (including administrative staff) in the office of the director of public prosecutions. the director of public prosecutions has the authority to determine all matters pertaining to the employment of all staff in the office of the director of public prosecutions, includingthe terms and conditions of employment; the qualification requirements for appointment and the process to be followed for appointment, which must be an open, transparent and competitive selection process based on merit; the salaries, benefits and allowances payable, in accordance with its budget as approved by parliament; and the total establishment or the total number of staff that are required to be appointed, in accordance with the budget as approved by parliament. the salaries, benefits and allowances payable to any person employed in the office of the director of public prosecutions are a charge on the consolidated fund. parliament shall ensure that adequate funding and resources are made available to the office of the director of public prosecutions, to enable it to independently and effectively exercise its powers and perform its functions and duties. 118. legal aid commission the legal aid commission established by the legal aid act 1996 continues in existence. the commission shall provide free legal aid services to those members of the public who cannot afford the services of a legal practitioner, in accordance with such rules and guidelines as may be prescribed by or under a written law. the authority, functions and responsibility of the commission shall be prescribed by written law, and a written law may make further provisions for the commission. the commission may regulate its own procedure and may make such rules and regulations as it deems fit for regulating and facilitating the performance of its functions. in the performance of its functions or the exercise of its authority and powers, the commission shall be independent and shall not be subject to the direction or control of any person or authority, except by a court of law or as otherwise prescribed by written law. the commission shall have the authority to appoint, remove and discipline all staff (including administrative staff) in the commission. the commission has the authority to determine all matters pertaining to the employment of all staff in the commission, includingthe terms and conditions of employment; the qualification requirements for appointment and the process to be followed for appointment, which must be an open, transparent and competitive selection process based on merit; the salaries, benefits and allowances payable, in accordance with its budget as approved by parliament; and the total establishment or the total number of staff that are required to be appointed, in accordance with the budget as approved by parliament. the salaries, benefits and allowances payable to any person employed in the commission are a charge on the consolidated fund. parliament shall ensure that adequate funding and resources are made available to the commission, to enable it to independently and effectively exercise its powers and perform its functions and duties. the commission shall have the control of its own budget and finances, as approved by parliament. the commission shall provide regular updates and advice to the attorney-general on any matter relating to its functions and responsibilities. 119. mercy commission the commission on the prerogative of mercy established under the state services decree 2009 continues in existence as the mercy commission. the commission consists ofthe attorney-general who is to be its chairperson; and 4 other members appointed by the president, acting on the advice of the judicial services commission, following consultation by it with the attorney-general. on the petition of any convicted person, the commission may recommend that the president exercise a power of mercy bygranting a free or conditional pardon to a person convicted of an offence; postponing the carrying out of a punishment, either for a specific or indeterminate period; or remitting all or a part of a punishment. the commission may dismiss a petition that it reasonably considers to be frivolous, vexatious or entirely without merit, but otherwisemust consider a report on the case prepared bythe judge who presided at the trial; or the chief justice, if a report cannot be obtained from the presiding judge; must consider any other information derived from the record of the case or elsewhere that is available to the commission; and may consider the views of the victims of the offence. the president must act in accordance with the recommendations of the commission. the members of the commission referred to in subsection (2)(b) shall be appointed for a term of 3 years and shall be eligible for re-appointment. the president may, on the recommendation of the judicial services commission following consultation by it with the attorney-general, appoint a person to act as a member of the commission during any period or during all periods, when there is a vacancy in the membership of the commission or when a member is absent from duty or from fiji or is, for any reason, unable to perform the functions of office. the members of the commission referred to in subsection (2)(b) may be removed from office for inability to perform the functions of office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and may not otherwise be removed. the procedure for removal of the members of the commission referred to in subsection (2)(b) from office shall be the same as the procedure for removal of a judicial officer under section 112. in the performance of its functions or the exercise of its authority and powers, the commission shall be independent and shall not be subject to the direction or control of any person or authority, except by a court of law or as otherwise prescribed by written law. the members of the commission referred to in subsection (2)(b) shall be entitled to such remuneration as determined by the president acting on the advice of the judicial services commission following consultation by the judicial services commission with the attorney-general, and any such remuneration must not be varied to their disadvantage, except as part of an overall austerity reduction similarly applicable to all officers of the state. the commission may regulate its own procedure and may make such rules and regulations as it deems fit for regulating and facilitating the performance of its functions. the quorum for the meetings of the commission shall consist of the chairperson and 2 other members. the commission shall provide regular updates and advice to parliament on any matter relating to its functions and responsibilities. 120. public service disciplinary tribunal this section establishes the public service disciplinary tribunal. the tribunal shall consist of a chairperson and 2 other members, appointed by the president, on the advice of the judicial services commission following consultation by it with the attorney-general. the chairperson of the tribunal must be a person who is, or is qualified to be appointed as a judge. the members of the tribunal shall be appointed for a term of 3 years and shall be eligible for re-appointment. the president may, on the recommendation of the judicial services commission following consultation by it with the attorney-general, appoint a person to act as a member of the tribunal during any period or during all periods, when there is a vacancy in the membership of the tribunal or when a member is absent from duty or from fiji or is, for any reason, unable to perform the functions of office. the members of the tribunal may be removed from office for inability to perform the functions of office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and may not otherwise be removed. the procedure for removal of the members of the tribunal from office shall be the same as the procedure for removal of a judicial officer under section 112. the authority, functions and responsibilities of the tribunal shall be prescribed by written law, and a written law may make further provisions for the tribunal. in addition to such other functions as may be conferred by written law, the tribunal shall have the function of hearing and determining disciplinary action instituted bythe public service commission against any permanent secretary; or a permanent secretary, the solicitor-general, the director of public prosecutions or the secretary-general to parliament against any person employed in their respective ministries or offices. any decision of the tribunal shall be subject to review by the high court. a written law may make further provision for the tribunal, including rules and procedures for the hearings before the tribunal. in the performance of its functions or the exercise of its authority and powers, the tribunal shall be independent and shall not be subject to the direction or control of any person or authority, except by a court of law or as otherwise prescribed by written law. the members of the tribunal shall be entitled to such remuneration as determined by the president acting on the advice of the judicial services commission following consultation by the judicial services commission with the attorney-general, and any such remuneration must not be varied to their disadvantage, except as part of an overall austerity reduction similarly applicable to all officers of the state. the tribunal may regulate its own procedure and may make such rules and regulations as it deems fit for regulating and facilitating the performance of its functions. the tribunal shall provide regular updates and advice to parliament on any matter relating to its functions and responsibilities. the salaries, benefits and allowances payable to the members of the tribunal are a charge on the consolidated fund. parliament shall ensure that adequate funding and resources are made available to the tribunal, to enable it to independently and effectively exercise its powers and perform its functions and duties. 121. accountability and transparency commission this section establishes the accountability and transparency commission. the commission shall consist of a chairperson and 2 other members appointed by the president, on the advice of the judicial services commission following consultation by it with the attorney-general. the chairperson of the commission must be a person who is, or is qualified to be appointed as a judge. the members of the commission shall be appointed for a term of 3 years and shall be eligible for re-appointment. the president may, on the recommendation of the judicial services commission following consultation by it with the attorney-general, appoint a person to act as a member of the commission during any period or during all periods, when there is a vacancy in the membership of the commission or when a member is absent from duty or from fiji or is, for any reason, unable to perform the functions of office. the members of the commission may be removed from office for inability to perform the functions of office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and may not otherwise be removed. the procedure for removal of the members of the commission from office shall be the same as the procedure for removal of a judicial officer under section 112. the authority, functions and responsibilities of the commission shall be prescribed by written law, and a written law may make further provisions for the commission. a written law shall provide the commission with the jurisdiction, authority and powers to receive and investigate complaints against permanent secretaries and all persons holding a public office. in the performance of its functions or the exercise of its authority and powers, the commission shall be independent and shall not be subject to the direction or control of any person or authority, except by a court of law or as otherwise prescribed by written law. the members of the commission shall be entitled to such remuneration as determined by the president acting on the advice of the judicial services commission following consultation by the judicial services commission with the attorney-general, and any such remuneration must not be varied to their disadvantage, except as part of an overall austerity reduction similarly applicable to all officers of the state. the commission may regulate its own procedure and may make such rules and regulations as it deems fit for regulating and facilitating the performance of its functions. the commission shall provide regular updates and advice to parliament on any matter relating to its functions and responsibilities. the commission shall have the authority to appoint, remove and discipline all staff (including administrative staff) in the commission. the commission has the authority to determine all matters pertaining to the employment of all staff in the commission, includingthe terms and conditions of employment; the qualification requirements for appointment and the process to be followed for appointment, which must be an open, transparent and competitive selection process based on merit; the salaries, benefits and allowances payable, in accordance with its budget as approved by parliament; and the total establishment or the total number of staff that are required to be appointed, in accordance with the budget as approved by parliament. the salaries, benefits and allowances payable to any person employed in the commission are a charge on the consolidated fund. parliament shall ensure that adequate funding and resources are made available to the commission, to enable it to independently and effectively exercise its powers and perform its functions and duties. the commission shall have control of its own budget and finances, as approved by parliament. 122. existing appointments nothing in this chapter affects the continuance of a person in an office for which this chapter makes provision for, under an appointment made before the commencement of this constitution. chapter 6. state services part a. public service 123. values and principles the values and principles of state service includehigh standards of professionalism, including professional ethics and integrity; prompt and faithful implementation of government policies and administration of laws; being free from corruption; efficient, effective and economic use of public resources; prompt response to requests and questions from the public, and delivery of service to the public, in a manner that is respectful, effective, impartial, fair, and equitable; accountability for administrative conduct; transparency, includingtimely, accurate disclosure of information to the public; and prompt, complete and candid reporting to parliament, as required by law; cultivation of good human resource management and career development practices, to maximise human potential; and recruitment and promotion based onobjectivity, impartiality and fair competition; and ability, education, experience and other characteristics of merit. 124. public officers must be citizens a person or authority exercising power to appoint a person to a public office (other than an office for which chapter 5 makes provision) must not appoint a person who is not a citizen except with the approval of the prime minister. 125. public service commission the public service commission established under the state services decree 2009 continues in existence. the public service commission consists ofa chairperson; and not less than 3 and not more than 5 other members, appointed by the president on the advice of the constitutional offices commission. if the position of the chairperson of the public service commission is vacant or the chairperson is absent from duty or from fiji or is, for any other reason, unable to perform the functions of office, the president may, on the advice of the constitutional offices commission, appoint a person to act as the chairperson of the public service commission. the president may, on the advice of the constitutional offices commission, appoint a person to act as a member of the public service commission during any period, or during all periods, when the member is absent from duty or from fiji or is, for any other reason, unable to perform the functions of office. 126. functions of the public service commission subject to this section and other sections of this constitution, the public service commission has the following functionsto appoint permanent secretaries, with the agreement of the prime minister; to remove permanent secretaries, with the agreement of the prime minister; to institute disciplinary action against permanent secretaries; and to make such other appointments and perform such other duties, functions and responsibilities as may be prescribed by written law. the functions of the public service commission do not extend toan office of a judge or an office that is the responsibility of the judicial services commission; an office that is the responsibility of another body prescribed by written law; an office in the republic of fiji military forces, fiji police force or the fiji corrections service; or an office in respect of which this constitution makes provision. 127. permanent secretaries there is established within each ministry the office of a permanent secretary, which is an office in the public service. each ministry is to be under the administration of a permanent secretary, and any department of government that is not part of any ministry shall be under the administration of the permanent secretary responsible for the office of the prime minister. the permanent secretary of a ministry is responsible to the minister concerned for the efficient, effective and economical management of the ministry or any department under the ministry. the public service commission, with the agreement of the prime minister, may at any time re-assign one or more permanent secretaries amongst the various ministries of the state. a permanent secretary may resign from office by giving written notice to the public service commission. a permanent secretary shall be entitled to such remuneration as determined by the public service commission following the agreement of the prime minister, and any such remuneration must not be varied to their disadvantage, except as part of an overall austerity reduction similarly applicable to all officers of the state. the permanent secretary of each ministry shall have the authority to appoint, remove and institute disciplinary action against all staff of the ministry, with the agreement of the minister responsible for the ministry. the permanent secretary of each ministry, with the agreement of the minister responsible for the ministry, has the authority to determine all matters pertaining to the employment of all staff in the ministry, includingthe terms and conditions of employment; the qualification requirements for appointment and the process to be followed for appointment, which must be an open, transparent and competitive selection process based on merit; the salaries, benefits and allowances payable, in accordance with its budget as approved by parliament; and the total establishment or the total number of staff that are required to be appointed, in accordance with the budget as approved by parliament. 128. appointment of ambassadors the prime minister may, on the advice of the minister responsible for foreign affairs, make appointments to offices of ambassador, or of other principal representative, of the state to another country or an international organisation. the prime minister may, on the advice of the minister responsible for foreign affairs, remove a person from an office referred to in subsection (1). part b. disciplined force 129. fiji police force the fiji police force established under a written law continues in existence. the office of the commissioner of police established under the state services decree 2009 continues in existence. the fiji police force is under the command of the commissioner of police. the commissioner of police is appointed by the president, on the advice of the constitutional offices commission following consultation with the minister responsible for the fiji police force. the commissioner of police is responsible forthe organisation and administration of the fiji police force; and the deployment and control of its operations, and, subject to subsection (6), is not subject to the direction or control by any other person or authority in relation to those matters. the minister responsible for the fiji police force may from time to time issue general policy directions to the commissioner of police and, if such a direction has been issued, the commissioner of police must act in accordance with it. the commissioner of police has the following powers in relation to the fiji police force for all ranks, members and other employees, of the fiji police forceto appoint persons to the fiji police force; to remove persons from the fiji police force; and to take disciplinary action against persons in the fiji police force, and all written laws governing the fiji police force shall be construed accordingly. the commissioner of police, with the agreement of the minister responsible for the fiji police force, has the authority to determine all matters pertaining to the employment of all staff in the fiji police force, includingthe terms and conditions of employment; the qualification requirements for appointment and the process to be followed for appointment, which must be an open, transparent and competitive selection process based on merit; the salaries, benefits and allowances payable, in accordance with its budget as approved by parliament; and the total establishment or the total number of staff that are required to be appointed, in accordance with the budget as approved by parliament. a written law may prescribe provisions relating to the fiji police force. 130. fiji corrections service the fiji corrections service established under a written law continues in existence. the office of the commissioner of the fiji corrections service established under the state services decree 2009 continues in existence. the fiji corrections service is under the command of the commissioner of the fiji corrections service. the commissioner of the fiji corrections service is appointed by the president, on the advice of the constitutional offices commission, following consultation with the minister responsible for the fiji corrections service. the commissioner of the fiji corrections service is responsible forthe organisation and administration of the fiji corrections service; and the deployment and control of its operations, and, subject to subsection (6), is not subject to the direction or control by any other person or authority in relation to those matters. the minister responsible for the fiji corrections service may from time to time issue general policy directions with respect to the fiji corrections service and, if such a direction has been issued, the commissioner of the fiji corrections service must act in accordance with it. the commissioner of the fiji corrections service has the following powers in relation to the fiji corrections service for all ranks, members and other employees of the fiji corrections serviceto appoint persons to the fiji corrections service; to remove persons from the fiji corrections service; and to take disciplinary action against persons in the fiji corrections service, and all written laws governing the fiji corrections service shall be construed accordingly. the commissioner of the fiji corrections service, with the agreement of the minister responsible for the fiji corrections service, has the authority to determine all matters pertaining to the employment of all staff in the fiji corrections service, includingthe terms and conditions of employment; the qualification requirements for appointment and the process to be followed for appointment, which must be an open, transparent and competitive selection process based on merit; the salaries, benefits and allowances payable, in accordance with its budget as approved by parliament; and the total establishment or the total number of staff that are required to be appointed, in accordance with the budget as approved by parliament. a written law may prescribe provisions relating to the fiji corrections service. 131. republic of fiji military forces the republic of fiji military forces established under the state services decree 2009 continues in existence. it shall be the overall responsibility of the republic of fiji military forces to ensure at all times the security, defence and well-being of fiji and all fijians. the commander of the republic of fiji military forces shall be responsible for exercising military executive command of the republic of fiji military forces. the commander of the republic of fiji military forces is appointed by the president, on the advice of the constitutional offices commission, following consultation with the minister responsible for the republic of fiji military forces. the commander of the republic of fiji military forces has the following powers in relation to the republic of fiji military forces for all ranks, members and other employees of the republic of fiji military forcesto appoint persons to the republic of fiji military forces; to remove persons from the republic of fiji military forces; and to take disciplinary action against persons in the republic of fiji military forces, and all written laws governing the republic of fiji military forces shall be construed accordingly. the commander of the republic of fiji military forces, with the agreement of the minister responsible for the republic of fiji military forces, has the authority to determine all matters pertaining to the employment of all staff in the republic of fiji military forces, includingthe terms and conditions of employment; the qualification requirements for appointment and the process to be followed for appointment, which must be an open, transparent and competitive selection process based on merit; the salaries, benefits and allowances payable, in accordance with its budget as approved by parliament; and the total establishment or the total number of staff that are required to be appointed, in accordance with the budget as approved by parliament. a written law may prescribe provisions relating to the republic of fiji military forces. part c. constitutional offices commission 132. constitutional offices commission this section establishes the constitutional offices commission. the commission shall consist ofthe prime minister, who shall be the chairperson; the leader of the opposition; the attorney-general; 2 persons appointed by the president on the advice of the prime minister; and 1 person appointed by the president on the advice of the leader of the opposition. the commission may regulate its own procedure and may make such rules and regulations as it deems fit for regulating and facilitating the performance of its functions. the commission shall provide regular updates and advice to parliament on any matter relating to its functions and responsibilities. in the performance of its functions or the exercise of its authority and powers, the commission shall be independent and shall not be subject to the direction or control of any person or authority, except by a court of law or as otherwise prescribed by written law. the quorum for the meetings of the commission shall consist of the chairperson and 2 other members. the secretary of the commission shall be the solicitor-general. the members of the commission referred to in subsection (2)(d) and (e) hold office for a term of 3 years and are eligible for re-appointment. the members of the commission referred to in subsection (2)(d) and (e) are entitled to such remuneration and allowances as determined by the president, and the remuneration and allowances must not be varied to their disadvantage during their term in office, except as part of an overall austerity reduction similarly applicable to all officers of the state. the members of the commission referred to in subsection (2)(d) or (e) maybe removed from office for inability to perform the functions of office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and may not otherwise be removed. removal from office of the members of the commission referred to in subsection (2)(d) and (e) must be pursuant to subsection (12). if the chief justice, following consultation with the attorney-general, considers that the question of removal of the member of the commission referred to in subsection (2)(d) or (e) from office ought to be investigated, thenthe chief justice appointsin the case of alleged misbehaviour-a tribunal, consisting of a chairperson and not less than 2 other members, selected from amongst persons who hold or are qualified to hold the office of a judge; and in the case of alleged inability to perform the functions of office-a medical board, consisting of a chairperson and 2 other members, each of whom is a qualified medical practitioner; the tribunal or medical board enquires into the matter and furnishes a written report of the facts to the president and advises the president of its recommendation whether or not the member of the commission referred to in subsection (2)(d) or (e) should be removed from office; and in deciding whether or not to remove the member of the commission referred to in subsection (2)(d) or (e) from office, the president must act in accordance with the advice of the tribunal or medical board, as the case may be. the president on the advice of the chief justice following consultation by the chief justice with the attorney-general may, on such terms and conditions as he or she deems fit, suspend the member of the commission referred to in subsection (2)(d) or (e) from office pending investigation and pending referral to and appointment of a tribunal or a medical board under subsection (12), and may at any time, revoke the suspension. the suspension of the member of the commission referred to in subsection (2)(d) or (e) from office under subsection (13) ceases to have effect if the president determines that the person should not be removed from office. the report of the tribunal or the recommendations of the medical board, as the case may be, made under subsection (12) shall be made public. 133. functions of the constitutional offices commission the constitutional offices commission has such functions and responsibilities as prescribed in this constitution or by any other written law, and shall be responsible for providing advice to the president for the appointment of the following officesthe chairperson and the members of the human rights and anti-discrimination commission; the chairperson and the members of the electoral commission; supervisor of elections; secretary-general to parliament; the chairperson and the members of the public service commission; commissioner of police; commissioner of the fiji corrections service; commander of the republic of fiji military forces; auditor-general; and governor of the reserve bank of fiji. part d. general provisions relating to public offices 134. application this part applies tosupervisor of elections; secretary-general to parliament; commissioner of police; commissioner of the fiji corrections service; commander of the republic of fiji military forces; auditor-general; governor of the reserve bank of fiji; the members of the human rights and anti-discrimination commission; the members of the electoral commission; and the members of the public service commission. 135. terms and conditions of office subject to this section, a person holding the office referred to in section 134(a) to (g) holds office for 5 years and is eligible for re-appointment. subject to this section, a person holding the office referred to in section 134(h) to (j) holds office for 3 years, and is eligible for re-appointment. the appointment of a person to whom this part applies is subject to the terms and conditions (if any) set out in it. in the performance of his or her duties or functions or the exercise of his or her powers, a person to whom this part applies is not subject to the direction or control by any person, except as provided under this constitution or by a written law. 136. remuneration and allowances a person to whom this part applies is entitled to such remuneration and allowances as determined by the president on the advice of the constitutional offices commission, and the remuneration and allowances must not be varied to their disadvantage during his or her term in office, except as part of an overall austerity reduction similarly applicable to all officers of the state. in advising the president on the remuneration and allowances payable to a person to whom this part applies, the constitutional offices commission must establish an independent committee (not comprising any holder of a public office) which shall advise the constitutional offices commission on the appropriate remuneration and allowances that should be payable to a person to whom this part applies. 137. removal from office for cause a person to whom this part applies may be removed from office for inability to perform the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and may not otherwise be removed. removal from office must be pursuant to this section. if the constitutional offices commission considers that the question of removal from office ought to be investigated, thenthe constitutional offices commission appointsin the case of alleged misbehaviour-a tribunal, consisting of a chairperson and not less than 2 other members, selected from amongst persons who hold or are qualified to hold the office of a judge; and in the case of alleged inability to perform the functions of office-a medical board, consisting of a chairperson and 2 other members, each of whom is a qualified medical practitioner; the tribunal or medical board enquires into the matter and furnishes a written report of the facts to the president and advises the president of its recommendation whether or not the person concerned should be removed from office; and in deciding whether or not to remove the person concerned from office, the president must act in accordance with the advice of the tribunal or medical board, as the case may be. the president on the advice of the constitutional offices commission may, on such terms and conditions as he or she deems fit, suspend the person concerned from office pending investigation and pending referral to and appointment of a tribunal or a medical board under subsection (3), and may at any time, revoke the suspension. the suspension of the person concerned from office under subsection (4) ceases to have effect if the president determines that the person should not be removed from office. the report of the tribunal or the recommendations of the medical board, as the case may be, made under subsection (3) shall be made public. 138. performance of functions of commissions and tribunals this section applies tohuman rights and anti-discrimination commission; electoral commission; judicial services commission; legal aid commission; mercy commission; public service disciplinary tribunal; accountability and transparency commission; public service commission; constitutional offices commission; and any tribunal or medical board established or appointed under this constitution to consider the question of removal from office of any person. a commission, tribunal or board to which this section applies may by regulation make provision for regulating and facilitating the performance of its functions. a decision of a commission, tribunal or board to which this section applies requires the concurrence of a majority of its members and the commission, tribunal or board to which this section applies may act despite the absence of a member but, if, in a particular case, a vote is taken to decide a question and the votes cast are equally divided, the person presiding must exercise a casting vote. subject to this section, a commission, tribunal or board to which this section applies may regulate its own procedure. in the performance of its functions or the exercise of its powers, a commission, tribunal or board to which this section applies is not subject to the direction or control of any other person or authority, except as otherwise provided by this constitution. nothing in subsection (5) limits the responsibility of the government for the structure of the state service, nor the government's general policy responsibility for the management of the state service. in addition to the functions conferred on it by or under this constitution, a commission, tribunal or board to which this section applies has such powers and other functions (if any) as are prescribed by written law. the validity of the transaction of business of a commission, tribunal or board to which this section applies is not affected if a person who was not entitled to do so took part in the proceedings. a commission, tribunal or board to which this section applies has the same powers as the high court in respect of attendance and examination of witnesses (including the administration of oaths and the examination of witnesses abroad) and in respect of production of documents. chapter 7. revenue and expenditure 139. raising of revenue the raising by the government of revenue or moneys, whether through the imposition of taxation or otherwise, must be authorised by or under a written law. no taxation or fee may be imposed, waived or varied by the state, except as provided by written law. if a written law permits the waiver or variation of any tax or feea record of each waiver or variation must be maintained together with the reason for it; and each waiver or variation, and the reason for it, must be reported to the auditor-general. no law may exempt, or authorise the exemption of, a public officer from payment of any tax or fee by reason ofthe office held by that public officer; or the nature of the work of the public officer. 140. consolidated fund all revenue or moneys raised or received for the purposes of the state or government must be paid into one consolidated fund. subsection (1) does not apply to revenue or moneys that are payable by or under a written law into some other fund established for a specific purpose or that may, by or under a written law, be retained by the authority receiving them for the purposes of defraying the expenses of that authority. 141. appropriations to be authorised by law moneys must not be withdrawn from the consolidated fund or from a fund referred to in section 140(2) except under an appropriation made by law. 142. authorisation of expenditure in advance of appropriation subject to any written law, if the appropriation act for a year has not come into operation by the beginning of the year, the minister responsible for finance may, to the extent and subject to the conditions prescribed by any written law, authorise the withdrawal of moneys from the consolidated fund for the ordinary services of government. the total amount authorised for withdrawal under subsection (1) must not exceed one-third of the appropriations made for the ordinary services of government in respect of the immediately preceding year. 143. appropriation and taxing measures require ministerial consent any written law, thatappropriates revenue or moneys or increases such an appropriation; imposes taxation or an increase in taxation; or reduces the amount of any debt due to the state, may only be passed by parliament with the consent of cabinet, as signified by the minister responsible for finance. 144. annual budget in respect of each year ending on 31 december or on such other day as parliament prescribes, the minister responsible for finance must cause to be laid before parliament an annual budget, reflecting estimates of revenue and of capital and current expenditure for the year, in respect of the ordinary services of the government and services of parliament. a written law may prescribe the manner in which annual estimates are to be prepared. 145. guarantees by government the government must not guarantee the financial ability of any person or body in respect of a loan or otherwise unless the giving of the guarantee is authorised by parliament in accordance with conditions prescribed by law. parliament, by resolution, may require the minister responsible for finance to present to parliament, within 7 days after the resolution, information concerning any particular loan or guarantee, including all information necessary to showthe extent of the total indebtedness by way of principal and accumulated interest; the use made or to be made of the proceeds of the loan or the purpose of the guarantee; the provisions made for servicing or repayment of the loan; and the progress made in the repayment of the loan. 146. public moneys to be accounted for all public moneys must be dealt with and accounted for in accordance with law and otherwise in accordance with accounting principles generally accepted in the public sector. 147. standing appropriation of consolidated fund for payment of certain salaries and allowances this section applies tothe president; a judicial officer; the supervisor of elections; the secretary-general to parliament; the solicitor-general; the director of public prosecutions; the commissioner and the deputy commissioner of the fiji independent commission against corruption; the commissioner of police; the commissioner of the fiji corrections service; the commander of the republic of fiji military forces; the auditor-general; the chairperson and members of the human rights and anti-discrimination commission; the chairperson and members of the electoral commission; the chairperson and members of the accountability and transparency commission; the members of the judicial services commission referred to in section 104(1)(d) and (e); the members of the mercy commission referred to in section 119(2)(b); the chairperson and members of the public service disciplinary tribunal; the chairperson and members of the public service commission; the members of the constitutional offices commission referred to in section 132(2)(d) and (e); and the chairperson and members of any tribunal or medical board established or appointed under this constitution to consider the question of removal from office of any person. the salaries or allowances payable to a person to whom this section applies are payable out of the consolidated fund, which is appropriated accordingly. 148. standing appropriation of consolidated fund for other purposes all debt charges for which the state is liable and all pension benefits (except to the extent that they are a charge on another fund and have been paid out of that fund to the person or authority to whom payment is due) are payable out of the consolidated fund, which is appropriated accordingly. in this section"debt charges" means interest, sinking fund charges, amounts due in respect of repayment or a amortization of debt, and other expenditure incurred in connection with the raising of loans on the security of the revenue of the state or the consolidated fund; "eligible service" means service in a public office but does not include service in a naval, military or air force; and "pension benefits" means pensions, compensation, gratuities or other like payments payable to persons in respect of their eligible service or to their spouses, dependents, or personal representatives in respect of that service. chapter 8. accountability part a. code of conduct 149. code of conduct a written law shallestablish a code of conduct which shall be applicable to the president, speaker, deputy speaker, prime minister, ministers, members of parliament, holders of offices established by or continued in existence under this constitution or under any written law, members of commissions, permanent secretaries, ambassadors or other principal representatives of the state, and persons who hold statutory appointments or governing or executive positions in statutory authorities, and to such other offices (including public offices) as may be prescribed by written law; establish rules, processes and procedures for the implementation of the code of conduct by the accountability and transparency commission; provide for the monitoring by the accountability and transparency commission of compliance with the code of conduct by the officers mentioned in paragraph (a); make provision for the investigation of alleged breaches of the code of conduct and enforcement of the code of conduct by the accountability and transparency commission, including through criminal and disciplinary proceedings, and provide for the removal from office of those officers who are found to be in breach of the code of conduct; provide for the protection of whistle-blowers, being persons who, in good faith, make disclosures that an officer mentioned in paragraph (a) has contravened any written law or has breached the code of conduct or has engaged in fraudulent or corrupt practices; and provide for the annual declaration by the officers mentioned in paragraph (a) of the assets and liabilities and financial interests of the officer, and of such other direct relatives of the officer as may be prescribed, to the accountability and transparency commission, and for such declarations to be accessible to the public. part b. freedom of information 150. freedom of information a written law shall make provision for the exercise by a member of the public of the right to access official information and documents held by the government and its agencies. part c. auditor-general 151. auditor-general the office of the auditor-general established under the state services decree 2009 continues in existence. the auditor-general is appointed by the president on the advice of the constitutional offices commission, following consultation with the minister responsible for finance. the president may, on the advice of the constitutional offices commission, appoint a person to act as the auditor-general during any period, or during all periods, when the office of the auditor-general is vacant or when the auditor-general is absent from duty or from fiji or is, for any reason, unable to perform the functions of office. 152. functions of auditor-general at least once in every year, the auditor-general shall inspect, audit and report to parliament onthe public accounts of the state; the control of public money and public property of the state; and all transactions with or concerning the public money or public property of the state. in the report, the auditor-general must state whether, in his or her opiniontransactions with or concerning the public money or public property of the state have been authorised by or pursuant to this constitution or any written law; and expenditure has been applied to the purpose for which it was authorised. a written law may make further provisions in relation to the office of the auditor-general and may confer further functions and powers on the auditor-general. in the performance of his or her duties, the auditor-general or a person authorised by him or her has access to all records, books, vouchers, stores or other government property in the possession, custody or control of any person or authority. in the performance of his or her functions or the exercise of his or her authority and powers, the auditor-general shall be independent and shall not be subject to the direction or control of any person or authority, except by a court of law or as otherwise prescribed by written law. the auditor-general shall have the authority to appoint, remove and discipline all staff (including administrative staff) in the office of the auditor-general. the auditor-general has the authority to determine all matters pertaining to the employment of all staff in the office of the auditor-general, includingthe terms and conditions of employment; the qualification requirements for appointment and the process to be followed for appointment, which must be an open, transparent and competitive selection process based on merit; the salaries, benefits and allowances payable, in accordance with its budget as approved by parliament; and the total establishment or the total number of staff that are required to be appointed, in accordance with the budget as approved by parliament. the salaries, benefits and allowances payable to any person employed in the office of the auditor-general are a charge on the consolidated fund. parliament shall ensure that adequate funding and resources are made available to the auditor-general, to enable him or her to independently and effectively exercise his or her powers and perform his or her functions and duties. the auditor-general shall have control of the budget and finances of the office of the auditor-general, as approved by parliament. a written law may provide that the accounts of a specified body corporate are not subject to audit by the auditor-general but are to be audited as prescribed in that written law. if the written law under subsection (11) so provides, it must also empower the auditor-general to review those audits and report the results of a review. the auditor-general must submit a report made by him or her to the speaker of parliament and must submit a copy to the minister responsible for finance. within 30 days of receipt, or if parliament is not sitting, on the first day after the end of that period, the minister responsible for finance must lay the report before parliament. part d. reserve bank of fiji 153. reserve bank of fiji the reserve bank of fiji is the central bank of the state, whose primary objects areto protect the value of the currency in the interest of balanced and sustainable economic growth; to formulate monetary policy; to promote price stability; to issue currency; and to perform other functions conferred on it by a written law. in pursuing its primary objects, the reserve bank of fiji must perform its functions independently and without fear, favour or prejudice, but there must be regular consultation between the reserve bank of fiji and the minister responsible for finance. the powers and functions of the reserve bank of fiji are those customarily exercised and performed by central banks. the governor of the reserve bank of fiji shall be appointed by the president on the advice of the constitutional offices commission, following consultation with the minister responsible for finance. a written law must provide for the composition, powers, functions and operations of the reserve bank of fiji. the reserve bank of fiji must deliver quarterly and annual reports to parliament, and any other reports when required by law, or requested by resolution. chapter 9. emergency powers 154. state of emergency the prime minister may, on the recommendation of the commissioner of police and the commander of the republic of fiji military forces, declare a state of emergency in fiji, or in a part of fiji, and may make regulations relating to a state of emergency, if there are reasonable grounds to believe thatthe security and safety of all or part of fiji is threatened; and it is necessary to declare a state of emergency to deal effectively with the threatening circumstances. if the declaration of a state of emergency is made when parliament is sitting, the prime minister must, within 24 hours upon making the declaration, refer the declaration to parliament for confirmation of the declaration. if the declaration of a state of emergency is made when parliament is not sitting, the speaker must, within 48 hours upon the making of the declaration, seek confirmation of the declaration from the members of parliament through such measures of communication as necessary. if a majority of the members of parliament confirm the declaration made by the prime minister, then the declaration shall continue for a period of one month from the date of confirmation, and may be renewed by a further vote in parliament. if a majority of the members of parliament do not confirm the declaration made by the prime minister, then the declaration and any actions taken under the declaration shall be deemed to be of no effect. chapter 10 155. immunity granted under the constitution of 1990 continues notwithstanding the abrogation of the constitution amendment act 1997 and despite the repeal of the constitution of 1990, chapter xiv of the constitution of 1990 continues in force in accordance with its tenor, and the immunity granted in chapter xiv of the constitution of 1990 shall continue. 156. immunity granted under the limitation of liability for prescribed political events decree 2010 continues the immunities granted to prescribed persons for prescribed political events under the limitation of liability for prescribed political events decree 2010 shall continue in existence. notwithstanding anything contained in this constitution, the limitation of liability for prescribed political events decree 2010 shall, in its entirety, continue in existence and shall not be reviewed, amended, altered, repealed or revoked by parliament. 157. further immunity absolute and unconditional immunity is irrevocably granted to any person (whether in their official or personal or individual capacity) holding the office of, or holding the office in, as the case may bethe president; the prime minister and cabinet ministers; republic of fiji military forces; fiji police force; fiji corrections service; judiciary; public service; and any public office, from any criminal prosecution and from any civil or other liability in any court, tribunal or commission, in any proceeding including any legal, military, disciplinary or professional proceedings and from any order or judgment of any court, tribunal or commission, as a result of any direct or indirect participation, appointment or involvement in the government from 5 december 2006 to the date of the first sitting of the first parliament elected after the commencement of this constitution, provided however any such immunity shall not apply to any act or omission that constitutes an offence under sections 133 to 146, 148 to 236, 288 to 351, 356 to 361, 364 to 374, and 377 to 386 of the crimes decree 2009 (as prescribed in the crimes decree 2009 at the date of the commencement of this constitution). 158. immunity entrenched notwithstanding anything contained in this constitution, this chapter and any immunity granted or continued in this chapter shall not be reviewed, amended, altered, repealed or revoked. notwithstanding anything contained in this constitution, no court or tribunal shall have the jurisdiction to accept, hear or make any decision or order with respect to any challenge against the provisions of this chapter and any immunity granted or continued in this chapter. no compensation shall be payable by the state to any person in respect of damage, injury or loss to his or her property or person caused by or consequent upon any conduct from which immunity has been granted under this chapter. chapter 11. amendment of constitution 159. amendment of constitution subject to subsection (2), this constitution, or any provision of this constitution, may be amended in accordance with the procedure prescribed in this chapter, and may not be amended in any other way. no amendment to this constitution may everrepeal any provision in chapter 10 of this constitution or in part d of chapter 12 of this constitution; infringe or diminish the effect of any provision in chapter 10 of this constitution or in part d of chapter 12 of this constitution; or repeal, infringe or diminish the effect of this chapter. 160. procedure for amendment a bill for the amendment of this constitution must be expressed as a bill for an act to amend this constitution. a bill for the amendment of this constitution must be passed by parliament in accordance with the following procedurethe bill is read 3 times in parliament; at the second and third readings, it is supported by the votes of at least three-quarters of the members of parliament; an interval of at least 30 days elapses between the second and third readings and each of those readings is preceded by full opportunity for debate; and the third reading of the bill in parliament does not take place until after the relevant committee of parliament has reported on the bill to parliament. if a bill for the amendment of this constitution is passed by parliament in accordance with subsection (2), then the speaker shall notify the president accordingly, who shall then refer the bill to the electoral commission, for the electoral commission to conduct a referendum for all registered voters in fiji to vote on the bill. the referendum for the purposes of subsection (3) shall be conducted by the electoral commission in such manner as prescribed by written law. the electoral commission shall, immediately after the referendum, notify the president of the outcome and shall publish the outcome of the referendum in the media. if the outcome of the referendum is that three-quarters of the total number of the registered voters have voted in favour of the bill, then the president must assent to the bill, which shall come into force on the date of the presidential assent or on such other date as prescribed in the bill. in this section, the use of the word "amend" or "amendment" is intended to be understood broadly, so that the section applies to any proposal to repeal, replace, revise, or alter any provision of this constitution. 161. amendments before 31 december 2013 notwithstanding anything contained in this chapter, on or before 31 december 2013, the president acting on the advice of cabinet may, by decree published in the gazette, make such amendments to this constitution, as are necessary to give full effect to the provisions of this constitution or to rectify any inconsistency or errors in any provision of this constitution. cabinet can only advise the president for an amendment to this constitution under subsection (1) if cabinet obtains certification of the supreme court for the amendment. for the avoidance of doubt, this section shall expire on, and be of no effect after, 31 december 2013. chapter 12. commencement, interpretation, repeals and transitional part a. short title and commencement 162. short title and commencement this constitution may be cited as the constitution of the republic of fiji. this constitution shall come into force on 7 september 2013. part b. interpretation 163. interpretation in this constitution, unless the contrary intention appears"act" means an act of parliament, a decree or a promulgation; "adult" means an individual who is 18 years of age or over; "bill of rights" means the rights and freedoms set out in chapter 2; "child" means an individual who has not reached the age of 18 years; "commission" means a commission established by, or continued in existence under, this constitution; "constitution of 1990" means the constitution set out in the constitution of the sovereign democratic republic of fiji (promulgation) decree 1990; "corrupt practices" includesany attempt to improperly influence a public officer; to influence peddling, bribery, or extortion; misuse of inside information for personal gain; requesting or accepting any benefit to which a person is not lawfully entitled; withholding any service, benefit, decision or judgment, or threatening a person with the exercise of a lawful power against that person, or implying any such practice, in order to extort a personal benefit or to improperly obtain the person's consent to any action or omission; unlawfully taking or demanding any private property; misuse or misapplication of public property for personal purposes, or theft of public property; and converting or selling public assets for personal gain; "criminal proceedings" means proceedings before any court, other than a military court, in which a person is prosecuted for allegedly committing an offence, including an appeal, a case presented on the basis of agreed facts, or a question of law reserved; "department" means a department of the public service, under a ministry; "disability" includes any physical, sensory, mental, psychological or other condition, or illness thathas, or is perceived by significant sectors of the community to have, a significant adverse effect on an individual's ability to participate fully and effectively in society on an equal basis with others; or forms the basis of unfair discrimination; "disciplinary law" means a written law regulating the discipline of any disciplined force; "disciplined force" meansthe republic of fiji military forces; the fiji police force; or the fiji corrections service; "electoral offences" includes an offence under a law governing elections and includes any offence under any law governing registration of voters and registration of political parties; "fiji" or "republic of fiji" means the territories which immediately before 10 october 1970 constituted the colony of fiji and includes any other territory declared by parliament to form part of fiji; "gazette" means the government of the republic of fiji gazette published by order or under the authority of the government, or a supplement to the gazette; "government" means the government of the state; "human trafficking" includes trafficking of persons as defined or prescribed by a written law; "judge" means a judge of the high court (including the chief justice), a justice of appeal (including the president of the court of appeal) or a judge of the supreme court; "judicial officer" includes a judge of the high court (including the chief justice), a justice of appeal (including the president of the court of appeal), a judge of the supreme court, magistrate, masters of the high court, the chief registrar and other judicial officers appointed by the judicial services commission; "law" includes all written law; "minerals" includes all minerals extracted from land or seabed and includes natural gases; "oath" includes affirmation; "oath or affirmation of allegiance and office" means the oath or affirmation of allegiance and office as set out in the schedule; "person" means a natural or legal person, including a company or association or body of persons whether corporate or unincorporated; "political party" means an organised group or association of persons striving for participation in the political life or government of the republic of fiji that has been registered under a written law regulating the organisation of political parties; "prescribed" means prescribed in, by or under a written law; "president" means the president of the republic of fiji appointed under chapter 4 and includes any person appointed or holding office under part d of this chapter; "property" includes any vested or contingent right to, or interest in or arising fromland, or permanent fixtures on, or improvements to, land; goods or personal property; intellectual property; or money or negotiable instruments; "public office" meansan office created by, or continued in existence under, this constitution; an office in respect of which this constitution makes provision; an office of a member of a commission; an office in a state service; an office of judge; an office of magistrate or an office in a court created by written law; an office in, or as a member of, a statutory authority; or an office established by written law; "public officer" means the holder of a public office; "public service" means the service of the state in a civil capacity but does not includeservice in the judicial branch; service in the office of a member of a commission; or service in an office created by, or continued in existence under, this constitution; "session", in relation to parliament, means a sitting of parliament starting when it first meets after a prorogation of parliament or a dissolution of parliament and ending when parliament is next prorogued or parliament is next dissolved; "sentence of imprisonment" does not include a suspended sentence or a sentence of imprisonment with the option of a fine; "sitting", in relation to parliament, means a period during which parliament is sitting continuously without adjournment, and includes any period during which parliament is in committee; "speaker" means the speaker of parliament; "state" means the republic of fiji; "state of emergency" means a state of emergency proclaimed under chapter 9; "state service" means the public service and the disciplined force; "subordinate court" means any court of law established for the state other than the high court, court of appeal, supreme court or a court established by a disciplinary law; "subordinate law" means any instrument made in exercise of a power to make the instrument conferred by an act, and includes regulations, rules, orders, by-laws or declarations; "this constitution" means the constitution of the republic of fiji; and "written law" means an act, decree, promulgation and subordinate law made under those acts, decrees or promulgations. a reference in this constitution to a power to make appointments to a public office includes a reference toa power to make appointments on the promotion or transfer to the office; and a power to appoint a person to act in the office while it is vacant or its holder is unable to perform the functions of the office. in this constitution, unless the contrary intention appears, a reference to the holder of an office by the term designating his or her office includes a reference to any person for the time being acting in the office. a person who has been appointed to an office established by this constitution may resign from the office by notice in writing signed by him or her addressed to the person or authority by whom he or she was appointed, and the resignation takes effectat the time or on the date specified in the notice; or when the notice is received by the person or authority to whom it is addressed, whichever is the later. a reference in this constitution to a power to remove a person from a public office includes a reference toa power to require the person to retire from office; a power to terminate the contract on which the person is employed; or a power not to renew the contract on which the person is employed. a reference in this constitution to amending any law (including this constitution) is a reference torepealing it with or without replacing it by another law; modifying, varying, revising or altering it by amendment or otherwise; suspending its operation; or making other provision that is inconsistent with it. a person, authority or body upon whom the functions are conferred by this constitution has power to do everything necessary or convenient to be done for, or in connection with, the performance of those functions. a reference in this constitution to the minister in relation to the doing of anything, the participation in any consultation or the receipt of any report is a reference to the minister who, for the time being, has been assigned responsibility for the part of the business of the government relating to the subject matter of the activity concerned. unless the contrary intention appears, a reference in this constitution to a minister includes a reference to the minister for the time being acting for and on behalf of the first mentioned minister. a provision of this constitution to the effect that a person or authority is not subject to the direction or control of any other person or authority in the performance of functions or the exercise of powers is not to be construed as precluding a court of law from exercising jurisdiction in relation to a question whether the first mentioned person or authority has performed the functions or exercised the powers in accordance with this constitution or whether that person or authority should or should not perform the functions or exercise the powers. a power conferred by this constitution to make, grant or issue any instrument (including a proclamation, order, regulation or rule), or to give any direction, includes the power, exercisable in the like manner, to repeal, rescind, revoke, amend or vary the instrument or direction. for the avoidance of doubt, use of the word "must" in this constitution imports obligation to the same extent as if the word "shall" were used. a reference in this constitution to an office named in this constitution is to be read with any formal alteration necessary to make it applicable in the circumstances. in this constitution, unless the context otherwise requiresif a word or expression is defined in this constitution, any grammatical variation or cognate expression of the word or expression has a corresponding meaning, read with the changes required by the context; and the word "includes" means "includes, but is not limited to". in calculating time between 2 events for any purpose under this constitution, if the time is expressedas days, the day on which the first event occurs is to be excluded, and the day by which the last event may occur is to be included; as months, the time period ends at the beginning of the day in the relevant monththat has the same number as the date on which the period began, if that month has a corresponding date; or that is the last day of that month, in any other case; or as years, the period of time ends at the beginning of the date of the relevant year that corresponds to the date on which the period began. if a period of time prescribed by this constitution for any purpose is 6 days or less, sundays and public holidays are not to be counted when calculating the time. if, in any particular circumstance, the period of time prescribed by this constitution ends on a sunday or a public holiday, the period extends to the first subsequent day that is not a sunday or public holiday. if a particular time is not prescribed by this constitution for performing a required act, the act must be done without unreasonable delay, and as often as the occasion requires. if any person has authority under this constitution to extend a period of time prescribed by this constitution, the authority may be exercised either before or after the end of the period, unless a contrary intention is expressly mentioned in the provision conferring the authority. except to the extent that this constitution provides otherwise, if a person has vacated an office established under this constitution, the person may, if qualified, again be appointed, elected or otherwise selected to hold the office in accordance with this constitution. the schedule is a part of this constitution, and every use of the expression "this constitution" includes the schedule. any person required under any law to take an oath or affirmation of allegiance and office must take the appropriate oath or affirmation set out in the schedule. part c. repeals 164. repeals subject to part d of this chapter and other provisions of this constitution, the following written laws are repealedexecutive authority of fiji decree 2009; revenue and expenditure decree 2009; state services decree 2009; office of the vice-president and succession decree 2009; and administration of justice decree 2009. part d. transitional 165. office of the president notwithstanding the repeal of the executive authority of fiji decree 2009, the president appointed under the executive authority of fiji decree 2009 shall continue to hold office for the term of his or her appointment made under the executive authority of fiji decree 2009, and any re-appointment to the office of the president must be done in accordance with the provisions of this constitution. the president appointed under the executive authority of fiji decree 2009 shall continue to exercise executive authority of fiji and exercise all the powers (including making laws by decree on the advice of cabinet) vested in him or her under the executive authority of fiji decree 2009, until the first sitting of the first parliament under this constitution. if any vacancy arises in the office of the president before the first sitting of the first parliament under this constitution, then another person shall be appointed to the office of the president in accordance with the executive authority of fiji decree 2009. notwithstanding the repeal of the office of the vice-president and succession decree 2009, until the first sitting of the first parliament under this constitution, if the office of the president is vacant or if the president is absent from duty or from fiji or is, for any reason, unable to perform the functions of the office of the president, then the functions of the office of the president shall be performed by the chief justice. 166. prime minister and ministers notwithstanding the repeal of the executive authority of fiji decree 2009, the prime minister and other ministers appointed under the executive authority of fiji decree 2009 shall continue in office until a prime minister assumes office under section 93 of this constitution. the prime minister and other ministers shall continue to exercise all the authority and powers vested in the prime minister and other ministers under the executive authority of fiji decree 2009 until a prime minister assumes office under section 93 of this constitution. notwithstanding its repeal and notwithstanding anything contained in this constitution, the executive authority of fiji decree 2009 shall continue to be in force until the first sitting of the first parliament under this constitution. notwithstanding the repeal of the laws mentioned in part c of this chapter and notwithstanding anything contained in this constitution, until the first sitting of the first parliament under this constitution, subordinate laws shall be made in accordance with laws, rules and procedures applicable prior to the commencement of this constitution. 167. public or constitutional officers any person who immediately before the date of commencement of this constitution holds or is acting in a public office shall, from the date of the commencement of this constitution hold or act in that office or the corresponding public office established by this constitution as if he or she had been appointed to do so in accordance with the provisions of this constitution and shall be deemed to have taken any oath or affirmation required upon such appointment by any existing law. the provision of this section shall be without prejudice to any power conferred by or under this constitution to make provision for the abolition of offices or for the removal from office of persons holding or acting in any office. notwithstanding anything contained in this constitution, until the first sitting of the first parliament elected under this constitution, any function, power or duty that is conferred under this constitution on the constitutional offices commission shall be performed by the prime minister. for the avoidance of doubt, the members of the constitutional offices commission referred to in section 132(2)(d) and (e) shall only be appointed after the first sitting of the first parliament elected under this constitution, and the constitution offices commission shall not hold any meeting until after the first sitting of the first parliament elected under this constitution. notwithstanding anything contained in this constitution, sections 79(8), 108(2), 116(12), 117(13), 121(15), 127(8), 129(8), 130(8), 131(6) and 152(7) shall only take effect from 1 january 2014. 168. finance notwithstanding the repeal of the revenue and expenditure decree 2009 and the provisions of chapter 7 of this constitution, the revenue and expenditure decree 2009 shall continue to be in force until the first sitting of the first parliament under this constitution. 169. functions of parliament and speaker notwithstanding the repeal of the laws mentioned in part c of this chapter, any function that has to be performed by the speaker in this constitution shall, until the first sitting of the first parliament under this constitution, be performed by the prime minister. notwithstanding the repeal of the laws mentioned in part c of this chapter, any function that has to be performed by parliament in this constitution shall, until the first sitting of the first parliament under this constitution, be performed by cabinet. notwithstanding anything contained in this constitution, until the first sitting of the first parliament elected under this constitution, any function, power or duty that is conferred under this constitution on the leader of the opposition shall be performed by the prime minister. 170. elections notwithstanding anything contained in chapter 4 of this constitution, the first general election for members of parliament under this constitution shall be held on a date to be determined by the president, on the advice of the prime minister, provided however that the first general election must be held no later than 30 september 2014. for the first general election of members of parliament under this constitution, the date on which such general election shall be held shall be publicly announced by the president at least 60 days before the date of the general election. the writ for the first general election of members of parliament under this constitution shall be issued by the president on the advice of the prime minister, at least 44 days before the date of the general election. for the first general election of members of parliament under this constitution, the last day for the receipt of a nomination of a candidate for election to parliament shall be 30 days before the date of the general election. until such time the electoral commission or a supervisor of elections is appointed under this constitution, the functions of the electoral commission or the supervisor of elections shall be performed by the permanent secretary responsible for elections. 171. succession of institutions an office or institution established under this constitution shall be the legal successor of the corresponding office or institution existing immediately before the commencement of this constitution. upon its appointment under this constitution, the supervisor of elections shall be the legal successor to the office of the registrar of voters under the electoral (registration of voters) decree 2012 and to the office of the registrar under the political parties (registration, conduct, funding and disclosures) decree 2013. 172. preservation of rights and obligations except to the extent that this constitution expressly provides otherwise, all rights and obligations, however arising, of the state and subsisting immediately before the commencement of this constitution shall continue as rights and obligations of the state under this constitution. all permits, licences, rights or similar undertakings of the state issued to any person, and in force immediately before the commencement of this constitution shall continue in the same terms from that date. all delegations that had been given before the commencement of this constitution by a person referred to any law repealed under part c of this chapter and which were in force immediately before the commencement of this constitution, shall continue in force after the commencement of this constitution, as if given by a corresponding commission or person referred to in this constitution. all proceedings before a commission or a person referred to in any law repealed under part c of this chapter that had commenced but had not been determined on the date of the commencement of this constitution shall continue after the commencement of this constitution as if they had been commenced before the corresponding commission or person referred to in this constitution. any complaint lodged with the human rights commission established under the human rights commission decree 2009 but which had not been determined by the date of the commencement of this constitution shall continue to be dealt with by the human rights and anti-discrimination commission established under section 45 of this constitution, provided however that any complaint made to the human rights and anti-discrimination commission after 21 august 2013 must be limited to matters, events or incidents which occurred or occur after 21 august 2013, and the human rights and anti-discrimination commission must not in any way deal with any complaint made to it after 21 august 2013 if the complaint relates to matters, events or incidents occurring before 21 august 2013. 173. preservation of laws subject to subsection (2), all written laws in force immediately before the date of commencement of this constitution (other than the laws referred to in part c of this chapter) shall continue in force as if they had been made under or pursuant to this constitution, and shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with this constitution. notwithstanding anything contained in this constitution, any promulgation, decree or declaration (other than the laws referred to in part c of this chapter) and any subordinate laws made under any such promulgation, decree or declarationmade or as may be made between 5 december 2006 until the first sitting of the first parliament under this constitution; and which are in force and have not been repealed or replaced by another promulgation, decree or declaration or by any subordinate laws made under any such promulgation, decree or declaration (as the case may be), shall continue to be in force in their entirety. notwithstanding anything contained in this constitution, any promulgation, decree or declaration (other than the laws referred to in part c of this chapter) and any subordinate laws made under any such promulgation, decree or declarationmade or as may be made between 5 december 2006 until the first sitting of the first parliament under this constitution; and which are in force and have not been repealed or replaced by another promulgation, decree or declaration or by any subordinate laws made under any such promulgation, decree or declaration (as the case may be), may be amended by parliament after the commencement of this constitution, provided however that no such amendment shallhave any retrospective effect; in any way nullify any decision made under these laws; or grant any compensation, damages, relief, remedy or reparation to any person affected by these laws. notwithstanding anything contained in this constitution, no court or tribunal (including any court or tribunal established or continued in existence by the constitution) shall have the jurisdiction to accept, hear, determine, or in any other way entertain, or to grant any order, relief or remedy, in any proceeding of any nature whatsoever which seeks or purports to challenge or questionthe validity or legality of any promulgation, decree or declaration, and any subordinate laws made under any such promulgation, decree or declaration (including any provision of any such laws), made or as may be made between 5 december 2006 until the first sitting of the first parliament under this constitution; the constitutionality of any promulgation, decree or declaration, and any subordinate laws made under any such promulgation, decree or declaration (including any provision of any such laws), made or as may be made between 5 december 2006 until the first sitting of the first parliament under this constitution; any promulgation, decree or declaration, and any subordinate laws made under any such promulgation, decree or declaration (including any provision of any such laws), made or as may be made between 5 december 2006 until the first sitting of the first parliament under this constitution, for being inconsistent with any provision of this constitution, including any provision of chapter 2 of this constitution; or any decision made or authorised, or any action taken, or any decision which may be made or authorised, or any action which may be taken, under any promulgation, decree or declaration, and any subordinate laws made under any such promulgation, decree or declaration (including any provision of any such laws), made or as may be made between 5 december 2006 until the first sitting of the first parliament under this constitution, except as may be provided in or authorised by any such promulgation, decree or declaration (including any provision of any such laws), made or as may be made between 5 december 2006 until the first sitting of the first parliament under this constitution. notwithstanding anything contained in this constitution, despite the repeal of the administration of justice decree 2009, subsections (3), (4), (5), (6) and (7) of section 5 of the administration of justice decree 2009 shall continue to apply to any promulgation, decree or declaration, and any subordinate laws made under any such promulgation, decree or declaration (including any provision of any such laws), made or as may be made between 5 december 2006 until the first sitting of the first parliament under this constitution. all written laws that had been made but had not come into force on the date of the commencement of this constitution may be brought into force in accordance with their terms and shall apply as if enacted or made under or pursuant to this constitution. 174. judicial proceedings the courts established by the administration of justice decree 2009 shall continue in existence. all proceedings in the courts established under the administration of justice decree 2009 that had commenced but had not been determined on the date of the commencement of this constitution shall continue as if the provisions of this constitution were in force at their commencement. notwithstanding anything contained in this constitution, sections 23, 23a, 23b, 23c, and 23d of the administration of justice decree 2009 shall continue in force and shall not be amended, revised, altered or repealed, and the courts established by, or continued in existence under, this constitution shall not have jurisdiction toaccept, hear or determine any matter for which the jurisdiction of the courts is excluded under the administration of justice decree 2009 or under any promulgation, decree, declaration or under any other written law; or accept, hear or determine any proceeding which had been terminated under the administration of justice decree 2009 or under any promulgation, decree, declaration or under any other written law. schedule. oaths and affirmations part a. allegiance oath of allegiance i, .............., swear that i will be faithful and bear true allegiance to the republic of fiji according to law, and i will obey, observe, uphold and maintain the constitution of the republic of fiji. so help me, god! affirmation of allegiance i, .............., do solemnly, sincerely and truly declare that i will be faithful and bear true allegiance to the republic of fiji according to law, and i will obey, observe, uphold and maintain the constitution of the republic of fiji. part b. for taking office oath for president i, .............., swear that i will be faithful and bear true allegiance to the republic of fiji, and that i will obey, observe, uphold and maintain the constitution of the republic of fiji and all other laws of fiji; and i will devote myself to the well-being of the republic of fiji and all fijians, protect and promote their rights and well and truly serve the republic of fiji in the office of the president. so help me, god! affirmation for president i, .............., do solemnly and sincerely and truly declare and affirm that i will be faithful and bear true allegiance to the republic of fiji, and that i will obey, observe, uphold and maintain the constitution of the republic of fiji and all other laws of fiji; and i will devote myself to the well-being of the republic of fiji and all fijians, protect and promote their rights and well and truly serve the republic of fiji in the office of the president. oath for ministers i, .............., being appointed as prime minister/minister, swear that i will be faithful and bear true allegiance to the republic of fiji, and that i will obey, observe, uphold and maintain the constitution of the republic of fiji and all other laws of fiji; and i solemnly and sincerely promise to hold my office with honour, dignity and integrity, to be a true and faithful counsellor, not to divulge any secret matter entrusted to me, and to perform the functions of my office conscientiously and to the best of my ability. so help me, god! affirmation for ministers i, .............., being appointed as prime minister/minister, do solemnly and sincerely and truly declare and affirm that i will be faithful and bear true allegiance to the republic of fiji, and that i will obey, observe, uphold and maintain the constitution of the republic of fiji and all other laws of fiji; and i solemnly and sincerely promise to hold my office with honour, dignity and integrity, to be a true and faithful counsellor, not to divulge any secret matter entrusted to me, and to perform the functions of my office conscientiously and to the best of my ability. oath for judicial officers i, .............., swear that, as a judicial officer within the courts of fiji, i will be faithful and bear true allegiance to the republic of fiji, and that i will obey, observe, uphold and maintain the constitution of the republic of fiji and all other laws of fiji; and i solemnly and sincerely promise that i will defend the rule of law and the rights of the people, and will do justice to all persons without fear, favour or prejudice, in accordance with the constitution of the republic of fiji and the law. so help me, god! affirmation for judicial officers i, .............., do solemnly and sincerely and truly declare and affirm that, as a judicial officer within the courts of fiji, i will be faithful and bear true allegiance to the republic of fiji, and that i will obey, observe, uphold and maintain the constitution of the republic of fiji and all other laws of fiji; and i solemnly and sincerely promise that i will defend the rule of law and the rights of the people, and will do justice to all persons without fear, favour or prejudice, in accordance with the constitution of the republic of fiji and the law. oath for members of parliament i, .............., swear that, as a member of parliament of fiji, i will be faithful and bear true allegiance to the republic of fiji, and that i will obey, observe, uphold and maintain the constitution of the republic of fiji and all other laws of fiji; and i solemnly and sincerely promise that i will defend the rule of law and the rights of the people, and will act with integrity and diligently carry out my responsibilities, in accordance with the constitution of the republic of fiji and the law. so help me, god! affirmation for members of parliament i, .............., do solemnly and sincerely and truly declare and affirm that, as a member of parliament of fiji, i will be faithful and bear true allegiance to the republic of fiji, and that i will obey, observe, uphold and maintain the constitution of the republic of fiji and all other laws of fiji; and i solemnly and sincerely promise that i will defend the rule of law and the rights of the people, and will act with integrity and diligently carry out my responsibilities, in accordance with the constitution of the republic of fiji and the law. oath for speaker/deputy speaker of parliament i, .............., swear that, as the speaker/deputy speaker of parliament, i will be faithful and bear true allegiance to the republic of fiji, and that i will obey, observe, uphold and maintain the constitution of the republic of fiji and all other laws of fiji; and i solemnly and sincerely promise that i will defend the rule of law and the rights of the people, maintain the dignity and honour of parliament to the best of my ability, and act without fear, favour or prejudice, in accordance with the constitution of the republic of fiji and the law. so help me, god! affirmation for speaker/deputy speaker of parliament i, .............., do solemnly and sincerely and truly declare and affirm that, as the speaker/deputy speaker of parliament, i will be faithful and bear true allegiance to the republic of fiji, and that i will obey, observe, uphold and maintain the constitution of the republic of fiji and all other laws of fiji; and i solemnly and sincerely promise that i will defend the rule of law and the rights of the people, maintain the dignity and honour of parliament to the best of my ability, and act without fear, favour or prejudice, in accordance with the constitution of the republic of fiji and the law. part i the states, religion and law of the federation 1. name, states and territories of the federation the federation shall be known, in malay and in english, by the name malaysia. the states of the federation shall be johore, kedah, kelantan, malacca, negeri, sembilan, pahang, penang, perak, perlis, sabah, sarawak, selangor and terengganu. subject to clause (4), the territories of each of the states mentioned in clause (2) are the territories comprised therein immediately before malaysia day. the territory of the state of selangor shall exclude the federal territory of kuala lumpur established under the constitution (amendment) (no. 2) act 1973 [act a206] and the federal territory of putrajaya established under the constitution (amendment) act 2001 [act a1095] and the territory of the state of sabah shall exclude the federal territory of labuan established under the constitution (amendment) (no. 2) act 1984 [act a585], and all such federal territories shall be territories of the federation. 2. admission of new territories into the federation parliament may by lawadmit other states to the federation; alter the boundaries of any state, but a law altering the boundaries of a state shall not be passed without the consent of that state (expressed by a law made by the legislature of that state) and of the conference of rulers. 3. religion of the federation islam is the religion of the federation; but other religions may be practised in peace and harmony in any part of the federation. in every state other than states not having a ruler the position of the ruler as the head of the religion of islam in his state in the manner and to the extent acknowledged and declared by the constitution of that state, and, subject to that constitution, all rights, privileges, prerogatives and powers enjoyed by him as head of that religion, are unaffected and unimpaired; but in any acts, observances of ceremonies with respect to which the conference of rulers has agreed that they should extend to the federation as a whole each of the other rulers shall in his capacity of head of the religion of islam authorise the yang di-pertuan agong to represent him. the constitution of the states of malacca, penang, sabah and sarawak shall each make provision for conferring on the yang di-pertuan agong the position of head of the religion of islam in that state. nothing in this article derogates from any other provision of this constitution. notwithstanding anything in this constitution the yang di-pertuan agong shall be the head of the religion of islam in the federal territories of kuala lumpur, labuan and putrajaya; and for this purpose parliament may by law make provisions for regulating islamic religious affairs and for constituting a council to advise the yang di-pertuan agong in matters relating to the religion of islam. 4. supreme law of the federation this constitution is the supreme law of the federation and any law passed after merdeka day which is inconsistent with this constitution shall, to the extent of the inconsistency, be void. the validity of any law shall not be questioned on the ground thatit imposes restrictions on the right mentioned in article 9 (2) but does not relate to the matters mentioned therein; or it imposes such restrictions as are mentioned in article 10 (2) but those restrictions were not deemed necessary or expedient by parliament for the purposes mentioned in that article. the validity of any law made by parliament or the legislature of any state shall not be questioned on the ground that it makes provision with respect to any matter with respect to which parliament or, as the case may be, the legislature of the state has no power to make laws, except in proceedings for a declaration that the law is invalid on that ground orif the law was made by parliament, in proceedings between the federation and one or more states; if the law was made by the legislature of a state, in proceedings between the federation and that state. proceedings for a declaration that a law is invalid on the ground mentioned in clause(3) (not being proceedings falling within paragraph (a) or (b) of the clause) shall not be commenced without the leave of a judge of the federal court; and the federation shall be entitled to be a party to any such proceedings, and so shall any state that would or might be a party to proceedings brought for the same purpose under paragraph (a) or (b) of the clause. part ii. fundamental liberties 5. liberty of the person no person shall be deprived of his life or personal liberty save in accordance with law. where complaint is made to a high court or any judge thereof that a person is being unlawfully detained the court shall inquire into the complaint and, unless satisfied that the detention is lawful, shall order him to be produced before the court and release him. where a person is arrested he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice. where a person is arrested and not released he shall without unreasonable delay, and in any case within twenty-four hours (excluding the time of any necessary journey) be produced before a magistrate and shall not be further detained in custody without the magistrate’s authority: provided that this clause shall not apply to the arrest or detention of any person under the existing law relating to restricted residence, and all the provisions of this clause shall be deemed to have been an integral part of this article as from merdeka day: provided further that in its application to a person, other than a citizen, who is arrested or detained under the law relating to immigration, this clause shall be read as if there were substituted for the words “without unreasonable delay, and in any case within twenty-four hours (excluding the time of any necessary journey)” the words “within fourteen days”: and provided further that in the case of an arrest for an offence which is triable by a syariah court, references in this clause to a magistrate shall be construed as including references to a judge of a syariah court. clauses (3) and (4) do not apply to an enemy alien. 6. slavery and forced labour prohibited no person shall be held in slavery. all forms of forced labour are prohibited, but parliament may by law provide for compulsory service for national purposes. work or service required from any person as a consequence of a conviction or a finding of guilt in a court of law shall not be taken to be forced labour within the meaning of this article, provided that such work or service is carried out under the supervision and control of a public authority. where by any written law the whole or any part of the functions of any public authority is to be carried on by another public authority, for the purpose of enabling those functions to be performed the employees of the first mentioned public authority shall be bound to serve the second mentioned public authority, and their service with the second mentioned public authority shall not be taken to be forced labour within the meaning of this article, and no such employee shall be entitled to demand any right from either the first mentioned or the second mentioned public authority by reason of the transfer of his employment. 7. protection against retrospective criminal laws and repeated trials no person shall be punished for an act or omission which was not punishable by law when it was done or made, and no person shall suffer greater punishment for an offence than was prescribed by law at the time it was committed. a person who has been acquitted or convicted of an offence shall not be tried again for the same offence except where the conviction or acquittal has been quashed and a retrial ordered by a court superior to that by which he was acquitted or convicted. 8. equality all persons are equal before the law and entitled to the equal protection of the law. except as expressly authorised by this constitution, there shall be no discrimination against citizens on the ground only of religion, race, descent, place of birth or gender in any law or in the appointment to any office or employment under a public authority or in the administration of any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment. there shall be no discrimination in favour of any person on the ground that he is a subject of the ruler of any state. no public authority shall discriminate against any person on the ground that he is resident or carrying on business in any part of the federation outside the jurisdiction of the authority. this article does not invalidate or prohibitany provision regulating personal law; any provision or practice restricting office or employment connected with the affairs of any religion, or of an institution managed by a group professing any religion, to persons professing that religion; any provision for the protection, well-being or advancement of the aboriginal peoples of the malay peninsula (including the reservation of land) or the reservation to aborigines of a reasonable proportion of suitable positions in the public service; any provision prescribing residence in a state or part of a state as a qualification for election or appointment to any authority having jurisdiction only in that state or part, or for voting in such an election; any provision of a constitution of a state, being or corresponding to a provision in force immediately before merdeka day; any provision restricting enlistment in the malay regiment to malays. 9. prohibition of banishment and freedom of movement no citizen shall be banished or excluded from the federation. subject to clause (3) and to any law relating to the security of the federation or any part thereof, public order, public health, or the punishment of offenders, every citizen has the right to move freely throughout the federation and to reside in any part thereof. so long as under this constitution any other state is in a special position as compared with the states of malaya, parliament may by law impose restrictions, as between that state and other states, on the rights conferred by clause (2) in respect of movement and residence. 10. freedom of speech, assembly and association subject to clauses (2), (3) and (4)every citizen has the right to freedom of speech and expression; all citizens have the right to assemble peaceably and without arms; all citizens have the right to form associations. parliament may by law imposeon the rights conferred by paragraph (a) of clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the federation or any part thereof, friendly relations with other countries, public order or morality and restrictions designed to protect the privileges of parliament or of any legislative assembly or to provide against contempt of court, defamation, or incitement to any offence; on the right conferred by paragraph (b) of clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the federation or any part thereof or public order; on the right conferred by paragraph (c) of clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the federation or any part thereof, public order or morality. restrictions on the right to form associations conferred by paragraph (c) of clause (1) may also be imposed by any law relating to labour or education. in imposing restrictions in the interest of the security of the federation or any part thereof or public order under clause (2) (a), parliament may pass law prohibiting the questioning of any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of part iii, article 152, 153 or 181 otherwise than in relation to the implementation thereof as may be specified in such law. 11. freedom of religion every person has the right to profess and practise his religion and, subject to clause (4), to propagate it. no person shall be compelled to pay any tax the proceeds of which are specially allocated in whole or in part for the purposes of a religion other than his own. every religious group has the rightto manage its own religious affairs; to establish and maintain institutions for religious or charitable purposes; and to acquire and own property and hold and administer it in accordance with law. state law and in respect of the federal territories of kuala lumpur, labuan and putrajaya, federal law may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of islam. this article does not authorise any act contrary to any general law relating to public order, public health or morality. 12. rights in respect of education without prejudice to the generality of article 8, there shall be no discrimination against any citizen on the grounds only of religion, race, descent or place of birthin the administration of any educational institution maintained by a public authority, and, in particular, the admission of pupils or students or the payment of fees; or in providing out of the funds of a public authority financial aid for the maintenance or education of pupils or students in any educational institution (whether or not maintained by a public authority and whether within or outside the federation). every religious group has the right to establish and maintain institutions for the education of children in its own religion, and there shall be no discrimination on the ground only of religion in any law relating to such institutions or in the administration of any such law; but it shall be lawful for the federation or a state to establish or maintain or assist in establishing or maintaining islamic institutions or provide or assist in providing instruction in the religion of islam and incur such expenditure as may be necessary for the purpose. no person shall be required to receive instruction in or to take part in any ceremony or act of worship of a religion other than his own. for the purposes of clause (3) the religion of a person under the age of eighteen years shall be decided by his parent or guardian. 13. rights to property no person shall be deprived of property save in accordance with law. no law shall provide for the compulsory acquisition or use of property without adequate compensation. part iii. citizenship chapter 1. acquisition of citizenship 14. citizenship by operation of law subject to the provisions of this part, the following persons are citizens by operation of law, that is to say: every person born before malaysia day who is a citizen of the federation by virtue of the provisions contained in part i of the second schedule; and every person born on or after malaysia day, and having any of the qualifications specified in part ii of the second schedule. (repealed). (repealed). (repealed). 15. citizenship by registration (wives and children of citizens) subject to article 18, any married woman whose husband is a citizen is entitled, upon making application to the federal government, to be registered as a citizen if the marriage was subsisting and the husband a citizen at the beginning of october 1962, or if she satisfies the federal governmentthat she has resided in the federation throughout the two years preceding the date of the application and intends to do so permanently; and that she is of good character. subject to article 18, the federal government may cause any person under the age of twenty-one years of whose parents one at least is (or was at death) a citizen to be registered as a citizen upon application made to the federal government by his parent or guardian. subject to article 18, a person under the age of twenty-one years who was born before the beginning of october 1962, and whose father is (or was at his death) a citizen and was also a citizen at the beginning of that month (if then alive), is entitled upon application made to the federal government by his parent or guardian, to be registered as a citizen if the federal government is satisfied that he is ordinarily resident in the federation and is of good character. for the purposes of clause (1) residence before malaysia day in the territories comprised in the states of sabah and sarawak shall be treated as residence in the federation. the reference in clause (1) to a married woman is a reference to a woman whose marriage has been registered in accordance with any written law in force in the federation, including any such law in force before merdeka day, or with any written law in force before malaysia day in the territories comprised in the states of sabah and sarawak: provided that this clause shall not apply where the woman applies to be registered as a citizen before the beginning of september 1965, or such later date as may be fixed by order of the yang di-pertuan agong, and is at the date of the application ordinarily resident in the states of sabah and sarawak. (repealed). 15a. special power to register children subject to article 18, the federal government may, in such special circumstances as it thinks fit, cause any person under the age of twenty-one years to be registered as a citizen. 16. citizenship by registration (persons born in the federation before merdeka day) subject to article 18, any person of or over the age of eighteen years who was born in the federation before merdeka day is entitled, upon making application to the federal government, to be registered as a citizen if he satisfies the federal governmentthat he has resided in the federation during the seven years immediately preceding the date of the application, for periods amounting in the aggregate to not less than five years; that he intends to do so permanently; that he is of good character; and that he has an elementary knowledge of the malay language. 16a. citizenship by registration (persons resident in states of sabah and sarawak on malaysia day) subject to article 18, any person of or over the age of eighteen years who is on malaysia day ordinarily resident in the state of sabah or sarawak is entitled, upon making application to the federal government before september 1971, to be registered as a citizen if he satisfies the federal governmentthat he has resided before malaysia day in the territories comprised in those states and after malaysia day in the federation for periods which amount in the aggregate to not less than seven years in the ten years immediately preceding the date of the application, and which include the twelve months immediately preceding that date; that he intends to reside permanently in the federation; that he is of good character; and except where the application is made before september 1965, and the applicant has attained the age of forty-five years at the date of the application, that he has a sufficient knowledge of the malay language or the english language or, in the case of an applicant ordinarily resident in sarawak, the malay language, the english language or any native language in current use in sarawak. 17. repealed 18. general provisions as to registration no person of or over the age of eighteen years shall be registered as a citizen under this constitution until he has taken the oath set out in the first schedule. except with the approval of the federal government, no person who has renounced or has been deprived of citizenship under this constitution or who has renounced or has been deprived of federal citizenship or citizenship of the federation before merdeka day under the federation of malaya agreement, 1948 shall be registered as a citizen under this constitution. a person registered as a citizen under this constitution shall be a citizen by registration from the day on which he is so registered. (repealed). 19. citizenship by naturalisation subject to clause (9), the federal government may, upon application made by any person of or over the age of twenty-one years who is not a citizen, grant a certificate of naturalisation to that person if satisfiedthathe has resided in the federation for the required periods and intends, if the certificate is granted, to do so permanently; (repealed); that he is of good character; and that he has an adequate knowledge of the malay language. subject to clause (9), the federal government may, in such special circumstances as it thinks fit, upon application made by any person of or over the age of twenty-one years who is not a citizen, grant a certificate of naturalisation to that person if satisfiedthat he has resided in the federation for the required periods and intends, if the certificate is granted, to do so permanently; that he is of good character; and that he has an adequate knowledge of the malay language. the periods of residence in the federation or the relevant part of it which are required for the grant of a certificate of naturalisation are periods which amount in the aggregate to not less than ten years in the twelve years immediately preceding the date of the application for the certificate, and which included the twelve months immediately preceding that date. for the purposes of clauses (1) and (2) residence before malaysia day in the territories comprised in the states of sabah and sarawak shall be treated as residence in the federation; and for purposes of clause (2) residence in singapore before malaysia day or with the approval of the federal government residence in singapore after malaysia day shall be treated as residence in the federation. a person to whom a certificate of naturalisation is granted shall be a citizen by naturalisation from the date on which the certificate is granted. (repealed). (repealed). (repealed). no certificate of naturalisation shall be granted to any person until he has taken the oath set out in the first schedule. 19a. repealed 20. repealed 21. repealed 22. citizenship by incorporation of territory if any new territory is admitted to the federation after malaysia day in pursuance of article 2, parliament may by law determine what persons are to be citizens by reason of their connection with that territory and the date or dates from which such persons are to be citizens. chapter 2. termination of citizenship 23. renunciation of citizenship any citizen of or over the age of twenty-one years and of sound mind who is also or is about to become a citizen of another country may renounce his citizenship of the federation by declaration registered by the federal government, and shall thereupon cease to be a citizen. a declaration made under this article during any war in which the federation is engaged shall not be registered except with the approval of the federal government. this article applies to a woman under the age of twenty-one years who has been married as it applies to a person of or over that age. 24. deprivation of citizenship on acquisition or exercise of foreign citizenship, etc if the federal government is satisfied that any citizen has acquired by registration, naturalisation or other voluntary and formal act (other than marriage) the citizenship of any country outside the federation, the federal government may by order deprive that person of his citizenship. if the federal government is satisfied that any citizen has voluntarily claimed and exercised in any country outside the federation any rights available to him under the law of that country, being rights accorded exclusively to its citizens, the federal government may by order deprive that person of his citizenship. (repealed). without prejudice to the generality of clause (2), the exercise of a vote in any political election in a place outside the federation shall be deemed to be the voluntary claim and exercise of a right available under the law of that place; and for the purposes of clause (2), a person who, after such date as the yang di-pertuan agong may by order appoint for the purposes of this clauseapplies to the authorities of a place outside the federation for the issue or renewal of a passport; or uses a passport issued by such authorities as a travel document, shall be deemed voluntarily to claim and exercise a right available under the law of that place, being a right accorded exclusively to the citizens of that place. if the federal government is satisfied that any woman who is a citizen by registration under clause (1) of article 15 has acquired the citizenship of any country outside the federation by virtue of her marriage to a person who is not a citizen, the federal government may by order deprive her of her citizenship. 25. deprivation of citizenship by registration under article 16a or 17 or by naturalisation the federal government may by order deprive of his citizenship any person who is a citizen by registration under article 16a or 17* [note this article has been repealed] or a citizen by naturalisation if satisfiedthat he has shown himself by act or speech to be disloyal or disaffected towards the federation; that he has, during any war in which the federation is or was engaged, unlawfully traded or communicated with an enemy or been engaged in or associated with any business which to his knowledge was carried on in such manner as to assist an enemy in that war; or that he has, within the period of five years beginning with the date of the registration or the grant of the certificate, been sentenced in any country to imprisonment for a term of not less than twelve months or to a fine of not less than five thousand ringgit or the equivalent in the currency of that country, and has not received a free pardon in respect of the offence for which he was so sentenced. the federal government may by order deprive of his citizenship any person who is a citizen by registration under article 16a or 17* [note this article has been repealed] or a citizen by naturalisation if satisfied that without the federal government’s approval, he has accepted, served in, or performed the duties of any office, post or employment under the government of any country outside the federation or any political subdivision thereof, or under any agency of such a government, in any case where an oath, affirmation or declaration of allegiance is required in respect of the office, post or employment: provided that a person shall not be deprived of citizenship under this clause by reason of anything done before the beginning of october 1962, in relation to a foreign country, and before the beginning of january 1977, in relation to a commonwealth country, notwithstanding that he was at the time a citizen. the federal government may by order deprive of his citizenship any person who is a citizen by registration under article 16a or 17* [note this article has been repealed] or a citizen by naturalisation if satisfied that he has been ordinarily resident in countries outside the federation for a continuous period of five years and during that period has neitherbeen at any time in the service of the federation or of an international organisation of which the federal government was a member; nor registered annually at a consulate of the federation his intention to retain his citizenship: provided that this clause shall not apply to any period of residence in any commonwealth country before the beginning of january 1977. (repealed). 26. other provisions for deprivation of citizenship by registration or naturalisation the federal government may by order deprive of his citizenship any citizen by registration or by naturalisation if satisfied that the registration or certificate of naturalisationwas obtained by means of fraud, false representation or the concealment of any material fact; or was effected or granted by mistake. the federal government may by order deprive of her citizenship any woman who is a citizen by registration under clause (1) of article 15 if satisfied that the marriage by virtue of which she was registered has been dissolved, otherwise than by death, within the period of two years beginning with the date of the marriage. (repealed). (repealed). 26a. deprivation of citizenship of child of person losing citizenship where a person has renounced his citizenship or been deprived thereof under clause (1) of article 24 or paragraph (a) of clause (1) of article 26, the federal government may by order deprive of his citizenship any child of that person under the age of twenty-one who has been registered as a citizen pursuant to this constitution and was so registered as being the child of that person or of that person’s wife or husband. 26b. general provisions as to loss of citizenship renunciation or deprivation of citizenship shall not discharge a person from liability in respect of anything done or omitted before he ceased to be a citizen. no person shall be deprived of citizenship under article 25, 26 or 26a unless the federal government is satisfied that it is not conducive to the public good that he should continue to be a citizen; and no person shall be deprived of citizenship under article 25, paragraph (b) of clause (1) of article 26, or article 26a if the federal government is satisfied that as a result of the deprivation he would not be a citizen of any country. 27. procedure for deprivation before making an order under article 24, 25 or 26, the federal government shall give to the person against whom the order is proposed to be made notice in writing informing him of the ground on which the order is proposed to be made and of his right to have the case referred to a committee of inquiry under this article. if any person to whom such notice is given applies to have the case referred as aforesaid the federal government shall, and in any other case the federal government may, refer the case to a committee of inquiry consisting of a chairman (being a person possessing judicial experience) and two other members appointed by that government for the purpose. in the case of any such reference, the committee shall hold an inquiry in such manner as the federal government may direct, and submit its report to that government; and the federal government shall have regard to the report in determining whether to make the order. 28. application of chapter 2. to certain citizens by operation of law for the purposes of the foregoing provisions of this chapterany person who before merdeka day became a federal citizen or a citizen of the federation by registration as a citizen or in consequence of his registration as the subject of a ruler, or by the grant of a certificate of citizenship, under any provision of the federation of malaya agreement, 1948, or of any state law shall be treated as a citizen by registration and, if he was not born within the federation, as a citizen by registration under article 17* [note this article has been repealed]; a woman who before that day became a federal citizen or a citizen of the federation by registration as a citizen, or in consequence of her registration as the subject of a ruler, under any provision of the said agreement or of any state law authorising the registration of women married to citizens of the federation or to subjects of the ruler shall be treated as a citizen by registration under clause (1) of article 15; any person who before that day was naturalised as a federal citizen or a citizen of the federation under the said agreement or became a federal citizen or a citizen of the federation in consequence of his naturalisation as the subject of a ruler under any state law shall (subject to clause (2)) be treated as a citizen by naturalisation, and references in those provisions to the registration or naturalisation of a citizen shall be construed accordingly. no person born within the federation shall be liable by virtue of this article to be deprived of citizenship under article 25. a person who on merdeka day became a citizen by operation of law as having been citizen of the federation immediately before that day shall not be deprived of citizenship under clause (1) or (2) of article 24 by reason of anything done on or before that day; but in the case of any such person clause (2) of article 25 shall apply equally in relation to a period of residence in foreign countries beginning before merdeka day and in relation to such a period beginning on or after that day. 28a. deprivation of citizenship of persons becoming citizens on malaysia day (repealed). for the purposes of articles 24, 25, 26 and 26a a person who on malaysia day becomes a citizen by operation of law because immediately before that day he has the status of a citizen of the united kingdom and colonies shall be treatedas a citizen by registration if he acquired that status by registration; and as a citizen by naturalisation if he acquired that status by or in consequence of naturalisation, and references in those articles to the registration or naturalisation of a citizen shall be construed accordingly. where a woman is under this article to be treated as a citizen by registration, and the status in consequence of which she is to be so treated was acquired by her by virtue of marriage, then for purposes of clause (4) of article 24 and clause (2) of article 26 she shall be treated as a citizen by registration under clause (1) of article 15. where a person born before malaysia day is under this article to be treated as a citizen by registration by virtue of a connection with the state of sabah or sarawak and he was not born in the territories comprised in the states of sabah and sarawak, article 25 shall apply to him as if he were a citizen by registration under article 16a or 17* [note this article has been repealed]. notwithstanding that a person is under this article to be treated as a citizen by naturalisation, he shall not be deprived of his citizenship under article 25 if he was born before malaysia day in the territories comprised in the states of sabah and sarawak and is to be so treated by virtue of a status acquired by or in consequence of naturalisation in those territories. without prejudice to the foregoing clauses, where on malaysia day a person becomes a citizen by operation of law in virtue of any status possessed by him immediately before that day, but he was liable in respect of things done before that day to be deprived of that status under the law relating thereto, then the federal government may by order deprive him of his citizenship, if proceedings for that purpose are begun before september 1965; but clause (2) of article 26b and, subject to clause (7), article 27 shall apply to an order under this clause as they apply to an order under article 25. where a person is liable to be deprived of citizenship under clause (6) and proceedings had before malaysia day been begun to deprive him of the status in virtue of which he acquired his citizenship, those proceedings shall be treated as proceedings to deprive him of citizenship under that clause, and shall be continued as such; but they shall be continued in accordance with the law relating to that status immediately before malaysia day, and the functions of the federal government in relation thereto shall be delegated to such authority of the state in question as the federal government may determine. chapter 3. supplemental 29. commonwealth citizenship in accordance with the position of the federation within the commonwealth, every person who is a citizen of the federation enjoys by virtue of that citizenship the status of a commonwealth citizen in common with the citizens of other commonwealth countries. any existing law shall, except so far as parliament otherwise provides, apply in relation to a citizen of the republic of ireland who is not also a commonwealth citizen as it applies in relation to a commonwealth citizen. 30. certificates of citizenship the federal government may, on the application of any person with respect to whose citizenship a doubt exists, whether of fact or of law, certify that that person is a citizen. a certificate issued under clause (1) shall, unless it is proved that it was obtained by means of fraud, false representation or concealment of any material fact, be conclusive evidence that the person to whom it relates was a citizen on the date of the certificate, but without prejudice to any evidence that he was a citizen at an earlier date. for the purpose of determining whether a person was born a citizen of the federation, any question whether he was born a citizen of another country shall be decided by the federal government, whose certificate thereon (unless proved to have been obtained by means of fraud, false representation or concealment of a material fact) shall be conclusive. (repealed). 30a. repealed 30b. repealed 31. application of second schedule until parliament otherwise provides, the supplementary provisions contained in part iii of the second schedule shall have effect for the purposes of this part. part iv. the federation chapter 1. the supreme head 32. supreme head of the federation, and his consort there shall be a supreme head of the federation, to be called the yang di-pertuan agong, who shall take precedence over all persons in the federation and shall not be liable to any proceedings whatsoever in any court except in the special court established under part xv. the consort of the yang di-pertuan agong (to be called the raja permaisuri agong) shall take precedence next after the yang di-pertuan agong over all other persons in the federation. the yang di-pertuan agong shall be elected by the conference of rulers for a term of five years, but may at any time resign his office by writing under his hand addressed to the conference of rulers or be removed from office by the conference of rulers, and shall cease to hold office on ceasing to be a ruler. the provisions of parts i and iii of the third schedule shall apply to the election and removal of the yang di-pertuan agong. 33. deputy supreme head of the federation there shall be a deputy supreme head of the federation (to be called the timbalan yang di-pertuan agong) who shall exercise the functions and have the privileges of the yang di-pertuan agong during any vacancy in the office of the yang di-pertuan agong and during any period during which the yang di-pertuan agong is unable to exercise the functions of his office owing to illness, absence from the federation or for any other cause, but the timbalan yang di-pertuan agong shall not exercise those functions during any inability or absence of the yang di-pertuan agong which is expected to be less than fifteen days, unless the timbalan yang di-pertuan agong is satisfied that it is necessary or expedient to exercise such functions. the timbalan yang di-pertuan agong shall be elected by the conference of rulers for a term of five years, or if elected during the term for which the yang di-pertuan agong was elected, for the remainder of that term, but may at any time resign his office by writing under his hand addressed to the conference of rulers and shall cease to hold office on ceasing to be a ruler. if during the term for which the timbalan yang di-pertuan agong was elected a vacancy occurs in the office of the yang di-pertuan agong his term shall expire on the cessation of the vacancy. the provisions of part ii of the third schedule shall apply to the election of the timbalan yang di-pertuan agong. parliament may by law provide for the exercise by a ruler of the functions of the yang dipertuan agong in cases where those functions would under clause (1) fall to be exercised by the timbalan yang di-pertuan agong but cannot be so exercised owing to a vacancy in the office of the timbalan yang di-pertuan agong or to his illness, absence from the federation or to any other cause; but such a law shall not be passed without the consent of the conference of rulers. 33a. yang di-pertuan agong shall cease to exercise the functions of the yang di-pertuan agong if charged with an offence where the yang di-pertuan agong is charged with an offence under any law in the special court established under part xv he shall cease to exercise the functions of the yang di-pertuan agong. the period during which the yang di-pertuan agong ceases, under clause (1), to exercise the functions of the yang di-pertuan agong shall be deemed to be part of the term of office of the yang di-pertuan agong provided for in clause (3) of article 32. 34. disabilities of yang di-pertuan agong, etc the yang di-pertuan agong shall not exercise his functions as ruler of his state except those of head of the religion of islam. the yang di-pertuan agong shall not hold any appointment carrying any remuneration. the yang di-pertuan agong shall not actively engage in any commercial enterprise. the yang di-pertuan agong shall not receive any emoluments of any kind whatever payable or accruing to him as the ruler of his state under the provisions of the constitution of that state or of any state law. the yang di-pertuan agong shall not, without the consent of the conference of rulers, be absent from the federation for more than fifteen days, except on a state visit to another country. clauses (2) and (3) shall also apply to the raja permaisuri agong. where the timbalan yang di-pertuan agong or any other person authorised by law exercises the functions of the yang di-pertuan agong for a period exceeding fifteen days clauses (1) to (5) shall apply to him during that period as they apply to the yang di-pertuan agong. nothing in clause (1) shall prevent the yang di-pertuan agong exercising as ruler of his state any power vested in him either alone or in conjunction with any other authorityto amend the constitution of the state; or to appoint a regent or member of a council of regency in the place of any regent or member, as the case may be, who has died or has become incapable for any reason of performing the duties of the office of regent or member of the council of regency respectively. 35. civil list of the yang di-pertuan agong and his consort and remuneration of the timbalan yang di-pertuan agong parliament shall by law provide a civil list of the yang di-pertuan agong which shall include provision for an annuity to be paid to the raja permaisuri agong, and shall be charged on the consolidated fund and shall not be diminished during the yang di-pertuan agong’s continuance in office. parliament shall by law make provision for the remuneration of the timbalan yang di-pertuan agong or any other person authorised by law to exercise the functions of the yang di-pertuan agong during any period during which he exercises those functions and the remuneration for which provision is made in pursuance of this clause shall be charged on the consolidated fund. 36. public seal the yang di-pertuan agong shall keep and use the public seal of the federation. 37. oath of office of yang di-pertuan agong the yang di-pertuan agong shall before exercising his functions take and subscribe before the conference of rulers and in the presence of the chief justice of the federal court (or in his absence the next senior judge of the federal court available) the oath of office set out in part i of the fourth schedule; and the oath shall be attested by two persons appointed for the purpose by the conference of rulers. the timbalan yang di-pertuan agong shall before exercising his functions, other than the functions exercisable for the purpose of convening the conference of rulers, take and subscribe before the conference of rulers and in the presence of the chief justice of the federal court (or in his absence the next senior judge of the federal court available) the oath of office set out in part ii of the fourth schedule. the said oaths, translated into english, are set out in part iii of the fourth schedule. any law made under clause (5) of article 33 shall make provision corresponding (with the necessary modifications) to clause (2). chapter 2. the conference of rulers 38. conference of rulers there shall be a majlis raja-raja (conference of rulers), which shall be constituted in accordance with the fifth schedule. the conference of rulers shall exercise its functions ofelecting, in accordance with the provisions of the third schedule, the yang di-pertuan agong and timbalan yang di-pertuan agong; agreeing or disagreeing to the extension of any religious acts, observances or ceremonies to the federation as a whole; consenting or withholding consent to any law and making or giving advice on any appointment which under this constitution requires the consent of the conference or is to be made by or after consultation with the conference; appointing members of the special court under clause (1) of article 182; granting pardons, reprieves and respites, or of remitting, suspending or commuting sentences, under clause (12) of article 42, and may deliberate questions of national policy (for example changes in immigration policy) and any other matter that it thinks fit. when the conference deliberates on matters of national policy the yang di-pertuan agong shall be accompanied by the prime minister, and the other rulers and the yang di-pertua-yang di-pertua negeri by their menteri-menteri besar or chief ministers; and the deliberations shall be among the functions exercised, by the yang di-pertuan agong in accordance with the advice of the cabinet, and by the other rulers and the yang di-pertua-yang di-pertua negeri in accordance with the advice of their executive councils. no law directly affecting the privileges, position, honours or dignities of the rulers shall be passed without the consent of the conference of rulers. the conference of rulers shall be consulted before any change in policy affecting administrative action under article 153 is made. the members of the conference of rulers may act in their discretion in any proceedings relating to the following functions, that is to say: the election or removal from office of the yang di-pertuan agong or the election of the timbalan yang di-pertuan agong; the advising on any appointment; the giving or withholding of consent to any law altering the boundaries of a state or affecting the privileges, position, honours or dignities of the rulers; the agreeing or disagreeing to the extension of any religious acts, observances or ceremonies to the federation as a whole; the appointment of members of the special court under clause (1) of article 182; or the granting of pardons, reprieves and respites, or of remitting, suspending or commuting sentences, under clause (12) of article 42. (repealed). chapter 3. the executive 39. executive authority of federation the executive authority of the federation shall be vested in the yang di-pertuan agong and exercisable, subject to the provisions of any federal law and of the second schedule, by him or by the cabinet or any minister authorised by the cabinet, but parliament may by law confer executive function on other persons. 40. yang di-pertuan agong to act on advice in the exercise of his functions under this constitution or federal law the yang di-pertuan agong shall act in accordance with the advice of the cabinet or of a minister acting under the general authority of the cabinet, except as otherwise provided by this constitution; but shall be entitled, at his request, to any information concerning the government of the federation which is available to the cabinet. in the exercise of his functions under this constitution or federal law, where the yang di-pertuan agong is to act in accordance with advice, on advice, or after considering advice, the yang di-pertuan agong shall accept and act in accordance with such advice. the yang di-pertuan agong may act in his discretion in the performance of the following functions, that is to say: the appointment of a prime minister; the withholding of consent to a request for the dissolution of parliament; the requisition of a meeting of the conference of rulers concerned solely with the privileges, position, honours and dignities of their royal highnesses, and any action at such a meeting, and in any other case mentioned in this constitution. federal law may make provision for requiring the yang di-pertuan agong to act after consultation with or on the recommendation of any person or body of persons other than the cabinet in the exercise of any of his functions other thanfunctions exercisable in his discretion; functions with respect to the exercise of which provision is made in any other article. 41. supreme command of armed forces the yang di-pertuan agong shall be the supreme commander of the armed forces of the federation. 42. power of pardon, etc the yang di-pertuan agong has power to grant pardons, reprieves and respites in respect of all offences which have been tried by court-martial and all offences committed in the federal territories of kuala lumpur, labuan and putrajaya; and the ruler or yang di-pertua negeri of a state has power to grant pardons, reprieves and respites in respect of all other offences committed in his state. subject to clause (10), and without prejudice to any provision of federal law relating to remission of sentences for good conduct or special services, any power conferred by federal or state law to remit, suspend or commute sentences for any offence shall be exercisable by the yang di-pertuan agong if the sentence was passed by a court-martial or by a civil court exercising jurisdiction in the federal territories of kuala lumpur, labuan and putrajaya and, in any other case, shall be exercisable by the ruler or yang di-pertua negeri of the state in which the offence was committed. where an offence was committed wholly or partly outside the federation or in more than one state or in circumstances which make it doubtful where it was committed, it shall be treated for the purposes of this article as having been committed in the state in which it was tried. for the purpose of this clause the federal territory of kuala lumpur, the federal territory of labuan and the federal territory of putrajaya, shall each be regarded as a state. the powers mentioned in this articleare, so far as they are exercisable by the yang di-pertuan agong, among functions with respect to which federal law may make provision under clause (3) of article 40; shall so far as they are exercisable by the ruler or yang di-pertua negeri of a state, be exercised on the advice of a pardons board constituted for that state in accordance with clause (5). the pardons board constituted for each state shall consist of the attorney general of the federation, the chief minister of the state and not more than three other members, who shall be appointed by the ruler or yang di-pertua negeri; but the attorney general may from time to time by instrument in writing delegate his functions as a member of the board to any other person, and the ruler or yang di-pertua negeri may appoint any person to exercise temporarily the functions of any member of the board appointed by him who is absent or unable to act. the members of a pardons board appointed by the ruler or yang di-pertua negeri shall be appointed for a term of three years and shall be eligible for reappointment, but may at any time resign from the board. a member of the legislative assembly of a state or of the house of representatives shall not be appointed by the ruler or yang di-pertua negeri to be a member of a pardons board or to exercise temporarily the functions of such a member. the pardons board shall meet in the presence of the ruler or yang di-pertua negeri and he shall preside over it. before tendering their advice on any matter a pardons board shall consider any written opinion which the attorney general may have delivered thereon. notwithstanding anything in this article, the power to grant pardons, reprieves and respites in respect of, or to remit, suspend or commute sentences imposed by any court established under any law regulating islamic religious affairs in the state of malacca, penang, sabah or sarawak or the federal territories of kuala lumpur, labuan and putrajaya shall be exercisable by the yang di-pertuan agong as head of the religion of islam in the state. for the purpose of this article, there shall be constituted a single pardons board for the federal territories of kuala lumpur, labuan and putrajaya and the provisions of clauses (5), (6), (7), (8) and (9) shall apply mutatis mutandis to the pardons board under this clause except that reference to “ruler or yang di-pertua negeri” shall be construed as reference to the yang di-pertuan agong and reference to “chief minister of the state” shall be construed as reference to the minister responsible for the federal territories of kuala lumpur, labuan and putrajaya. notwithstanding anything contained in this constitution, where the powers mentioned in this articleare exercisable by the yang di-pertua negeri of a state and are to be exercised in respect of himself or his wife, son or daughter, such powers shall be exercised by the yang di-pertuan agong acting on the advice of the pardons board constituted for that state under this article and which shall be presided over by him; are to be exercised in respect of the yang di-pertuan agong, the ruler of a state, or his consort, as the case may be, such powers shall be exercised by the conference of rulers and the following provisions shall apply: when attending any proceedings under this clause, the yang di-pertuan agong shall not be accompanied by the prime minister and the other rulers shall not be accompanied by their menteri-menteri besar; before arriving at its decision on any matter under this clause, the conference of rulers shall consider any written opinion which the attorney general may have delivered thereon; are to be exercised by the yang di-pertuan agong or the ruler of a state in respect of his son or daughter, as the case may be, such powers shall be exercised by the ruler of a state nominated by the conference of rulers who shall act in accordance with the advice of the relevant pardons board constituted under this article. for the purpose of paragraphs (b) and (c) of clause (12), the yang di-pertuan agong or the ruler of the state concerned, as the case may be, and the yang di-pertua-yang dipertua negeri shall not be members of the conference of rulers. 43. cabinet the yang di-pertuan agong shall appoint a jemaah menteri (cabinet of ministers) to advise him in the exercise of his functions. the cabinet shall be appointed as follows, that is to say: the yang di-pertuan agong shall first appoint as perdana menteri (prime minister) to preside over the cabinet a member of the house of representatives who in his judgment is likely to command the confidence of the majority of the members of that house; and he shall on the advice of the prime minister appoint other menteri (ministers) from among the members of either house of parliament, but if an appointment is made while parliament is dissolved a person who was a member of the last house of representatives may be appointed but shall not continue to hold office after the beginning of the next session of parliament unless, if he has been appointed prime minister, he is a member of the new house of representatives, and in any other case he is a member either of that house or of the senate. the cabinet shall be collectively responsible to parliament. if the prime minister ceases to command the confidence of the majority of the members of the house of representatives, then, unless at his request the yang di-pertuan agong dissolves parliament, the prime minister shall tender the resignation of the cabinet. subject to clause (4), ministers other than the prime minister shall hold office during the pleasure of the yang di-pertuan agong, unless the appointment of any minister shall have been revoked by the yang di-pertuan agong on the advice of the prime minister but any minister may resign his office. before a minister exercises the functions of his office he shall take and subscribe in the presence of the yang di-pertuan agong the oath of office and allegiance and the oath of secrecy set out in the sixth schedule. notwithstanding anything in this article, a person who is a citizen by naturalisation or by registration under article 17* [note this article has been repealed] shall not be appointed prime minister. (repealed). parliament shall by law make provision for the remuneration of members of the cabinet. 43a. deputy ministers the yang di-pertuan agong may on the advice of the prime minister appoint deputy ministers from among the members of either house of parliament; but if an appointment is made while parliament is dissolved a person who was a member of the last house of representatives may be appointed but shall not hold office after the beginning of the next session of parliament unless he is a member either of that house or of the senate. deputy ministers shall assist ministers in the discharge of their duties and functions, and for such purpose shall have all the powers of ministers. the provisions of clauses (5) and (6) of article 43 shall apply to deputy ministers as they apply to ministers. parliament shall by law make provision for the remuneration of deputy ministers. 43b. parliamentary secretaries the prime minister may appoint parliamentary secretaries from among the members of either house of parliament; but if an appointment is made while parliament is dissolved, a person who was a member of the last house of representatives may be appointed, but shall not hold office after the beginning of the next session of parliament unless he is a member either of that house or of the senate. parliamentary secretaries shall assist ministers and deputy ministers in the discharge of their duties and functions, and for such purpose shall have all the powers of ministers and deputy ministers. a parliamentary secretary may at any time resign his office, and his appointment as such may be determined at any time by the prime minister. before a parliamentary secretary exercises the functions of his office he shall take and subscribe in the presence of the prime minister the oath of secrecy set out in the sixth schedule. parliament shall by law make provision for the remuneration of parliamentary secretaries. 43c. political secretaries the prime minister may appoint such number of persons as he may think fit to be political secretaries. a person appointed as a political secretary by virtue of this articleneed not be a member of either house of parliament; may resign his office at any time; subject to paragraph (b), shall continue in office until such time as his appointment is determined by the prime minister. the provisions of clause (4) of article 43b shall apply to political secretaries as they apply to parliamentary secretaries. the duties and functions of political secretaries, and their remuneration, shall be determined by the cabinet. chapter 4. federal legislature 44. constitution of parliament the legislative authority of the federation shall be vested in a parliament, which shall consist of the yang di-pertuan agong and two majlis (houses of parliament) to be known as the dewan negara (senate) and the dewan rakyat (house of representatives). 45. composition of senate subject to clause (4), the senate shall consist of elected and appointed members as follows: two members for each state shall be elected in accordance with the seventh schedule; and two members for the federal territory of kuala lumpur, one member for the federal territory of labuan and one member for the federal territory of putrajaya shall be appointed by the yang di-pertuan agong; and forty members shall be appointed by the yang di-pertuan agong. the members to be appointed by the yang di-pertuan agong shall be persons who in his opinion have rendered distinguished public service or have achieved distinction in the professions, commerce, industry, agriculture, cultural activities or social service or are representative of racial minorities or are capable of representing the interests of aborigines. the term of office of a member of the senate shall be three years and shall not be affected by a dissolution of parliament. a member of the senate shall not hold office for more than two terms either continuously or otherwise: provided that where a person who has already completed two or more terms of office as a member of the senate is immediately before the coming into force of this clause a member of the senate, he may continue to serve as such member for the remainder of his term. parliament may by lawincrease to three the number of members to be elected for each state; provide that the members to be elected for each state shall be so elected by the direct vote of the electors of that state; decrease the number of appointed members or abolish appointed members. 46. composition of house of representatives the house of representatives shall consist of two hundred and twenty-two elected members. there shall betwo hundred and nine members from the states in malaysia as follows: twenty members from johore; fifteen members from kedah; fourteen members from kelantan; six members from malacca; eight members from negeri sembilan; fourteen members from pahang; thirteen members from penang; twenty-four members from perak; three members from perlis; twenty-five members from sabah; thirty-one members from sarawak; twenty-two members from selangor; eight members from terengganu; and thirteen members from the federal territories of kuala lumpur, labuan and putrajaya as follows: eleven members from the federal territory of kuala lumpur; one member from the federal territory of labuan; one member from the federal territory of putrajaya. 47. qualifications for membership of parliament every citizen resident in the federation is qualified to be a memberof the senate, if he is not less than thirty years old; of the house of representatives, if he is not less than twenty-one years old, unless he is disqualified for being a member by this constitution or by any law made in pursuance of article 48. 48. disqualification for membership of parliament subject to the provisions of this article, a person is disqualified for being a member of either house of parliament ifhe is and has been found or declared to be of unsound mind; or he is an undischarged bankrupt; or he holds an office of profit; or having been nominated for election to either house of parliament or to the legislative assembly of a state, or having acted as election agent to a person so nominated, he has failed to lodge any return of election expenses required by law within the time and in the manner so required; or he has been convicted of an offence by a court of law in the federation (or, before malaysia day, in the territories comprised in the state of sabah or sarawak or in singapore) and sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand ringgit and has not received a free pardon; or he has voluntarily acquired citizenship of, or exercised rights of citizenship in, any country outside the federation or has made a declaration of allegiance to any country outside the federation. federal law may impose, for such periods as may be specified thereby, disqualification for membership of either house of parliament on persons committing offences in connection with elections; and any person who has been convicted of such an offence or has in proceedings relating to an election been proved guilty of an act constituting such an offence, shall be disqualified accordingly for a period so specified. the disqualification of a person under paragraph (d) or paragraph (e) of clause (1) may be removed by the yang di-pertuan agong and shall, if not so removed, cease at the end of the period of five years beginning with the date on which the return mentioned in the said paragraph (d) was required to be lodged, or, as the case may be, the date on which the person convicted as mentioned in the said paragraph (e) was released from custody or the date on which the fine mentioned in the said paragraph (e) was imposed on such person and a person shall not be disqualified under paragraph (f) of clause (1) by reason only of anything done by him before he became a citizen. notwithstanding anything contained in the foregoing provisions of this article, where a member of either house of parliament becomes disqualified from continuing to be a member thereof pursuant to paragraph (e) of clause (1) or under a federal law made in pursuance of clause (2)the disqualification shall take effect upon the expiry of fourteen days from the date on which he wasconvicted and sentenced as specified in the aforesaid paragraph (e); or convicted of an offence or proved guilty of an act under a federal law made in pursuance of clause (2); or if within the period of fourteen days specified in paragraph (a) an appeal or any other court proceeding is brought in respect of such conviction or sentence, or in respect of being so convicted or proved guilty, as the case may be, the disqualification shall take effect upon the expiry of fourteen days from the date on which such appeal or other court proceeding is disposed of by the court; or if within the period specified in paragraph (a) or the period after the disposal of the appeal or other court proceeding specified in paragraph (b) there is filed a petition for a pardon, such disqualification shall take effect immediately upon the petition being disposed of. clause (4) shall not apply for the purpose of nomination, election or appointment of any person to either house of parliament, for which purpose the disqualification shall take effect immediately upon the occurrence of the event referred to in paragraph (e) of clause (1) or in clause (2), as the case may be. a person who resigns his membership of the house of representatives shall, for a period of five years beginning with the date on which his resignation takes effect, be disqualified from being a member of the house of representatives. 49. provisions against double membership a person shall not at the same time be a member of both houses of parliament, nor be elected to the house of representatives for more than one constituency or to the senate for more than one state, nor be both an elected and an appointed member of the senate. 50. effect of disqualification, and prohibition of nomination or appointment without consent if a member of either house of parliament becomes disqualified for membership of that house his seat shall become vacant. if a person disqualified for being a member of the house of representatives is elected to that house or if a person disqualified for being a member of the senate is elected or appointed to the senate or if an election or appointment to either house is contrary to article 49, the election or appointment shall be void. (repealed). a person cannot be validly nominated for election to membership of either house or appointed to the senate without his consent. 51. resignation of members a member of either house of parliament may resign his membership by writing under his hand addressed, if he is a member of the senate, to the president of the senate, and if a member of the house of representatives, to the speaker of that house. 52. absence of a member if a member of either house of parliament is without the leave of the house absent from every sitting of the house for a period of six months the house may declare his seat vacant. a member of either house of parliament who has been granted leave of absence from the sittings of the house of which he is a member shall not, for the duration of such leave, participate in any manner in the affairs and business of that house. 53. decisions as to disqualification if any question arises whether a member of a house of parliament has become disqualified for membership, the decision of that house shall be taken and shall be final: provided that this article shall not be taken to prevent the practice of the house postponing a decision in order to allow for the taking or determination of any proceedings that may affect the decision (including proceedings for the removal of the disqualification). where a member of either house of parliament becomes disqualified under paragraph (e) of clause (1) of article 48 or under a federal law made in pursuance of clause (2) of article 48, clause (1) shall not apply and he shall cease to be a member of that house, and his seat shall become vacant, immediately upon his disqualification taking effect in accordance with clause (4) of article 48. 54. vacancies in senate and casual vacancies save as provided under clause (3) whenever there is a vacancy among members of the senate or a casual vacancy among members of the house of representatives such vacancy or casual vacancy shall be filled within sixty days from the date on which it is established by the president of the senate that there is a vacancy or by the election commission that there is a casual vacancy, as the case may be, and an election shall be held or an appointment made accordingly: provided that failure to make any such appointment within the period specified in this clause shall not invalidate any appointment made out of time: provided further that, if a casual vacancy in the house of representatives is established on a date within two years of the date parliament shall, in accordance with clause (3) of article 55, stand dissolved, such casual vacancy shall not be filled unless the speaker notifies the election commission in writing that the numerical strength of the party that constitutes a majority of all the members of the house of representatives is being affected by such vacancy, in which event such vacancy shall be filled within sixty days from the date of the receipt of that notification. (repealed). where a vacancy among members of the senate relates to a vacancy which shall be filled by a member who shall be elected by a state in accordance with the seventh schedule, the provisions of clause (1) shall not apply to the filling of such vacancy. 55. summoning, prorogation and dissolution of parliament the yang di-pertuan agong shall from time to time summon parliament and shall not allow six months to elapse between the last sitting in one session and the date appointed for its first meeting in the next session. the yang di-pertuan agong may prorogue or dissolve parliament. parliament unless sooner dissolved shall continue for five years from the date of its first meeting and shall then stand dissolved. whenever parliament is dissolved a general election shall be held within sixty days from the date of the dissolution and parliament shall be summoned to meet on a date not later than one hundred and twenty days from that date. a bill pending in parliament shall not lapse by reason of the prorogation of parliament. (repealed). a bill pending the assent of the yang di-pertuan agong under clause (4) (a) or clause (4a) of article 66 shall not lapse by reason of the prorogation or dissolution of parliament. 56. president and deputy president of senate the senate shall from time to time choose one of its members to be yang di-pertua dewan negara (president of the senate) and one to be deputy president of the senate, and shall, subject to clause (3), transact no business while the office of president is vacant other than the election of a president. a member holding office as president or deputy president shall cease to hold his office on the expiry of the term for which he was elected or appointed a member or on otherwise ceasing to be a member of the senate, or upon being disqualified under clause (5), and may at any time resign his office. during any vacancy in the office of president or during any absence of the president from any sitting, the deputy president or, if the deputy president is also absent or if his office is also vacant, such other member as may be determined by the rules of procedure of the senate, shall act as president. if a member of the legislative assembly of a state is chosen to be president he shall resign from the assembly before exercising the functions of his office. a member who is elected to be president or deputy president shall be disqualified from holding such office if after three months of his election to such office or at any time thereafter he is or becomes a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organisation or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not he receives any remuneration, reward, profit or benefit from it: provided that such disqualification shall not apply where such organisation or body carries out any welfare or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature, and the member does not receive any remuneration, reward, profit or benefit from it. where any question arises regarding the disqualification of the president or deputy president under clause (5) the decision of the senate shall be taken and shall be final. 57. speaker and deputy speakers of the house of representatives the house of representatives shall from time to time electas yang di-pertua dewan rakyat (speaker), a person who either is a member of the house or is qualified for election as such a member; and two deputy speakers from among members of the house, and the house shall, subject to clause (3), transact no business while the office of speaker is vacant other than the election of a speaker. any person elected as speaker who is not a member of the house of representativesshall, before he enters upon the duties of his office, take and subscribe before the house the oath of office and allegiance set out in the sixth schedule; and shall, by virtue of holding his office, be a member of the house additional to the members elected pursuant to article 46: provided that paragraph (b) shall not have effect for the purposes of any of the following provisions of this constitution, that is to say, articles 43, 43a, 43b, 50 to 52, 54 and 59; and no person shall be entitled by virtue of that paragraph to vote on any matter before the house. the speaker may at any time resign his office by writing under his hand addressed to the clerk of the house of representatives, and shall vacant his officewhen the house first meets after a general election; on his ceasing to be a member of the house otherwise than by reason of a dissolution thereof or, if he is a member by virtue only of paragraph (b) of clause (1a), on his ceasing to be qualified to be a member; upon being disqualified under clause (5); if the house at any time so resolves. a deputy speaker may at any time resign his office by writing under his hand addressed to the clerk of the house of representatives, and shall vacate his officeon his ceasing to be a member of the house; if the house at any time so resolves. during any vacancy in the office of speaker or during any absence of the speaker from any sitting, otherwise than by reason of the house first meeting after a general election, one of the deputy speakers or, if both the deputy speakers are absent or if both their offices are vacant, such other member as may be determined by the rules of procedure of the house, shall act as speaker. if a member of the legislative assembly of a state is chosen to be speaker he shall resign from the assembly before exercising the functions of his office. a person who is elected to be speaker or deputy speaker shall be disqualified from holding such office if after three months of his election to such office or at any time thereafter he is or becomes a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organisation or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not he receives any remuneration, reward, profit or benefit from it: provided that such disqualification shall not apply where such organisation or body carries out any welfare or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature, and the member does not receive any remuneration, reward, profit or benefit from it. where any question arises regarding the disqualification of the speaker or deputy speaker under clause (5) the decision of the house of representatives shall be taken and shall be final. 58. remuneration of president, deputy president, speaker and deputy speakers parliament shall by law provide for the remuneration of the president and deputy president of the senate and the speaker and deputy speakers of the house of representatives, and the remuneration so provided for the president of the senate and the speaker of the house of representatives shall be charged on the consolidated fund. 59. oaths by members every member of either house of parliament shall before taking his seat take and subscribe before the person presiding in the house an oath in the form set out in the sixth schedule, but a member may before taking that oath take part in the election of a president of the senate or speaker of the house of representatives. if a member has not taken his seat within six months from the date on which the house first sits after his election or such further time as the house may allow, his seat shall become vacant. 60. address by the yang di-pertuan agong the yang di-pertuan agong may address either house of parliament or both houses jointly. 61. special provisions as to cabinet and attorney general in addition to his rights as a member of one of the houses of parliament every member of the cabinet shall have the right to take part in the proceedings of the other house. either house of parliament may appoint as a member of any of its committees the attorney general or any member of the cabinet notwithstanding that he is not a member of that house. this article does not authorise any person who is not a member of a house to vote in that house or any of its committees. in this article “member of the cabinet” includes a deputy minister and a parliamentary secretary. 62. parliamentary procedure subject to the provisions of this constitution and of federal law, each house of parliament shall regulate its own procedure. each house may act notwithstanding any vacancy in its membership, and the presence or participation of any person not entitled thereto shall not invalidate any proceedings. subject to clause (4) and to articles 89 (1) and 159 (3) and to sections 10 and 11 of the thirteenth schedule, each house shall, if not unanimous, take its decision by a simple majority of members voting; and the person presiding shall unless he is a member of the house by virtue only of paragraph (b) of clause (1a) of article 57 cast his vote whenever necessary to avoid an equality of votes, but shall not vote in any other case. in regulating its procedure each house may provide, as respects any decision relating to its proceedings, that it shall not be made except by a specified majority or by a specified number of votes. members absent from a house shall not be allowed to vote. 63. privileges of parliament the validity of any proceedings in either house of parliament or any committee thereof shall not be questioned in any court. no person shall be liable to any proceedings in any court in respect of anything said or any vote given by him when taking part in any proceedings of either house of parliament or any committee thereof. no person shall be liable to any proceedings in any court in respect of anything published by or under the authority of either house of parliament. clause (2) shall not apply to any person charged with an offence under the law passed by parliament under clause (4) of article 10 or with an offence under the sedition act 1948 as amended by the emergency (essential powers) ordinance no. 45, 1970. [act 15. p.u. (a) 282/70.] notwithstanding clause (4), no person shall be liable to any proceedings in any court in respect of anything said by him of the yang di-pertuan agong or a ruler when taking part in any proceedings of either house of parliament or any committee thereof except where he advocates the abolition of the constitutional position of the yang di-pertuan agong as the supreme head of the federation or the constitutional position of the ruler of a state, as the case may be. 64. remuneration of members parliament shall by law provide for the remuneration of members of each house. 65. clerks of senate and house of representatives there shall be a clerk to the senate and a clerk to the house of representatives. the clerk to the senate and the clerk to the house of representatives shall be appointed by the yang di-pertuan agong from among members of the general public service of the federation and each shall hold office until he attains the age of compulsory retirement for members of the general public service unless he sooner resigns his office or is transferred to another office in the general public service. the persons holding the office of the clerk to the senate and clerk to the house of representatives immediately prior to the coming into force of this clause shall, unless either person has not attained the age of fifty-five years and has opted to become a member of the general public service of the federation, continue to hold office respectively on terms and conditions not less favourable than those applicable to him immediately before such coming into operation and shall not be removed from office except on the like grounds and in the like manner as a judge of the federal court, and in this respect the representation mentioned in article 125 (3) shall be a representation made by the president of the senate or, as the case may be, the speaker of the house of representatives. (repealed). (repealed). chapter 5. legislative procedure 66. exercise of legislative power the power of parliament to make laws shall be exercised by bills passed by both houses (or, in the cases mentioned in article 68, the house of representatives) and, except as otherwise provided in this article, assented to by the yang di-pertuan agong. subject to article 67, a bill may originate in either house. when a bill has been passed by the house in which it originated it shall be sent to the other house; and it shall be presented to the yang di-pertuan agong for his assent when it has been passed by the other house and agreement has been reached between the two houses on any amendments made in it or when it is required to be so presented under article 68. the yang di-pertuan agong shall within thirty days after a bill is presented to him assent to the bill by causing the public seal to be affixed thereto. if a bill is not assented to by the yang di-pertuan agong within the time specified in clause (4), it shall become law at the expiration of the time specified in that clause in the like manner as if he had assented thereto. (repealed) a bill shall become law on being assented to by the yang di-pertuan agong or as provided in clause (4a), but no law shall come into force until it has been published, without prejudice, however, to the power of parliament to postpone the operation of any law or to make laws with retrospective effect. nothing in this article or in article 68 shall invalidate any law confirming an undertaking given by the federal government to the effect that a bill to which the undertaking relates shall not be presented to the yang di-pertuan agong for his assent except in accordance with the undertaking. 67. restriction on introduction of bills and moving of amendments involving taxation, expenditure, etc a bill or amendment making provision (whether directly or indirectly) forimposing or increasing any tax or abolishing, reducing or remitting any existing tax; the borrowing of money, or the giving of any guarantee, by the federation, or the amendment of the law relating to the financial obligations of the federation; the custody of the consolidated fund, the charging of any money on the consolidated fund or the abolition or alteration of any such charge; the payment of moneys into the consolidated fund or the payment, issue or withdrawal from the consolidated fund of any moneys not charged thereon, or any increase in the amount of such a payment, issue or withdrawal; the compounding or remission of any debt due to the federation; the assignment of a tax or fee or the making of a grant to any state; the receipt of moneys on account of the consolidated fund or the custody or issue of such moneys or the audit of the accounts of the federation or a state, being provision as respects which the minister charged with responsibility for finance signifies that it goes beyond what is incidental only and not of a substantial nature having regard to the purposes of the bill or amendment shall not be introduced or moved except by a minister, and a bill making any such provision shall not be introduced in the senate. a bill or amendment shall not be deemed to make provision for any of the said matters by reason only that it providesfor the imposition or alteration of any fine or other pecuniary penalty or for the payment or demand of a licence fee or a fee or charge for any service rendered; or for the imposition, alteration or regulation of any tax or rate by any local authority or body for local purposes. 68. assent to bills passed by house of representatives only where a money bill is passed by the house of representatives and, having been sent to the senate at least one month before the end of the session, is not passed by the senate without amendment within a month, it shall be presented to the yang di-pertuan agong for his assent unless the house of representatives otherwise directs. wherea bill which is not a money bill is passed by the house of representatives and, having been sent to the senate at least one month before the end of the session, is not passed by the senate or is passed by the senate with amendments to which the house of representatives does not agree; and in the following session (whether of the same parliament or not) but not earlier than one year after it was first passed by the house of representatives the same bill, with no other alterations than those mentioned in clause (3), is passed again by the house of representatives and sent to the senate at least one month before the end of the session and is not passed by the senate or is passed by the senate with amendments to which the house of representatives does not agree, the bill shall, unless the house of representatives otherwise directs, be presented to the yang di-pertuan agong for his assent with such amendments, if any, as may have been agreed to by both houses. the alterations referred to in clause (2) are alterations certified by the speaker of the house of representatives to be necessary owing to the time which has elapsed since the bill was passed in the earlier session or to represent amendments made in that session by the senate. when a bill is presented to the yang di-pertuan agong in pursuance of this article it shall bear a certificate of the speaker of the house of representatives that the provisions of this article have been complied with, and that certificate shall be conclusive for all purposes and shall not be questioned in any court. this article does not apply to any bill for making any amendment to this constitution, other than an amendment excepted from the provisions of clause (3) of article 159. in this article “money bill” means a bill which, containing in the opinion of the speaker of the house of representatives only provisions dealing with all or any of the following matters, that is to say: the matters mentioned in clause (1) of article 67 or the regulation of any tax; the reduction of any such amount as is mentioned in paragraph (d) of clause (1) of article 67; and any matter incidental to those matters or any of them, is certified by him as a money bill. chapter 6. capacity as respects property, contracts and suits 69. capacity of federation as respects property, contracts and suits the federation has power to acquire, hold and dispose of property of any kind and to make contracts. the federation may sue and be sued. part v. the states 70. precedence of rulers and yang di-pertua-yang di-pertua negeri subject to the precedence of the yang di-pertuan agong and his consort, the rulers and yang di-pertua-yang di-pertua negeri of the states shall take precedence over all other persons and each ruler or yang di-pertua negeri shall in his own state take precedence over the other rulers and yang di-pertua-yang di-pertua negeri. subject to clause (1), the rulers shall take precedence over the yang di-pertua-yang di-pertua negeri and, among themselves, in accordance with the dates on which they acceded as rulers, and the yang di-pertua-yang di-pertua negeri shall take precedence among themselves in accordance with the dates on which they were appointed as yang di-pertua-yang di-pertua negeri; and if yang di-pertua-yang di-pertua negeri were appointed on the same day the older shall take precedence over the younger. 71. federal guarantee of state constitutions the federation shall guarantee the right of a ruler of a state to succeed and to hold, enjoy and exercise the constitutional rights and privileges of ruler of that state in accordance with the constitution of that state; but any dispute as to the title to the succession as ruler of any state shall be determined solely by such authorities and in such manner as may be provided by the constitution of that state. clause (1) shall, with the necessary modifications, apply in relation to a ruling chief of negeri sembilan as it applies to the ruler of a state. if it appears to parliament that in any state any provision of this constitution or of the constitution of that state is being habitually disregarded parliament may, notwithstanding anything in this constitution, by law make provision for securing compliance with those provisions. if at any time the constitution of any state does not contain the provisions set out in part i of the eighth schedule, with or without the modifications allowed under clause (5) (hereinafter referred to as “the essential provisions”) or provisions substantially to the same effect, or contains provisions inconsistent with the essential provisions, parliament may, notwithstanding anything in this constitution, by law make provision for giving effect in that state to the essential provisions or for removing the inconsistent provisions. the provisions set out in part i of the eighth schedule may be modified by substituting for section 2 or section 4 or both the provisions set out in part ii of that schedule as an alternative theretoin the case of every state, until the dissolution of the second legislative assembly constituted in accordance with those provisions or those provisions so modified; in the case of perlis, until such further time as the legislative assembly of that state may resolve and, as respects the provision set out in section 2 of that schedule, indefinitely. a law made for a state in pursuance of this article shall, unless sooner repealed by parliament, cease to have effect on such day as a new legislative assembly, constituted in that state after the passing of the law, may resolve. in relation to the state of sabah or sarawakclause (5) shall not apply; but until the end of august 1975, or such earlier date as the yang di-pertuan agong with the concurrence of the yang di-pertua negeri may by order direct, clause (4) shall apply as if the reference to the modifications allowed under clause (5) were a reference to the modifications made by the constitution of the state as in force on malaysia day. (repealed). 72. privileges of legislative assembly the validity of any proceedings in the legislative assembly of any state shall not be questioned in any court. no person shall be liable to any proceedings in any court in respect of anything said or any vote given by him when taking part in proceedings of the legislative assembly of any state or of any committee thereof. no person shall be liable to any proceedings in any court in respect of anything published by or under the authority of the legislative assembly of any state. clause (2) shall not apply to any person charged with an offence under the law passed by parliament under clause (4) of article 10 or with an offence under the sedition act 1948 as amended by the emergency (essential powers) ordinance no. 45, 1970. notwithstanding clause (4), no person shall be liable to any proceedings in any court in respect of anything said by him of the ruler of any state when taking part in any proceedings of the legislative assembly of any state or any committee thereof except where he advocates the abolition of the ruler’s position as the constitutional ruler of that state. part vi. relations between the federation and the states chapter 1. distribution of legislative powers 73. extent of federal and state laws in exercising the legislative powers conferred on it by this constitutionparliament may make laws for the whole or any part of the federation and laws having effect outside as well as within the federation; the legislature of a state may make laws for the whole or any part of that state. 74. subject matter of federal and state laws without prejudice to any power to make laws conferred on it by any other article, parliament may make laws with respect to any of the matters enumerated in the federal list or the concurrent list (that is to say, the first or third list set out in the ninth schedule). without prejudice to any power to make laws conferred on it by any other article, the legislature of a state may make laws with respect to any of the matters enumerated in the state list (that is to say, the second list set out in the ninth schedule) or the concurrent list. the power to make laws conferred by this article is exercisable subject to any conditions or restrictions imposed with respect to any particular matter by this constitution. where general as well as specific expressions are used in describing any of the matter enumerated in the lists set out in the ninth schedule the generality of the former shall not be taken to be limited by the latter. 75. inconsistencies between federal and state laws if any state law is inconsistent with a federal law, the federal law shall prevail and the state law shall, to the extent of the inconsistency, be void. 76. power of parliament to legislate for states in certain cases parliament may make laws with respect to any matter enumerated in the state list, but only as follows, that is to say: for the purpose of implementing any treaty, agreement or convention between the federation and any other country, or any decision of an international organisation of which the federation is a member; or for the purpose of promoting uniformity of the laws of two or more states; or if so requested by the legislative assembly of any state. no law shall be made in pursuance of paragraph (a) of clause (1) with respect to any matters of islamic law or the custom of the malays or to any matter of native law or custom in the states of sabah and sarawak and no bill for a law under that paragraph shall be introduced into either house of parliament until the government of any state concerned has been consulted. subject to clause (4), a law made in pursuance of paragraph (b) or paragraph (c) of clause (1) shall not come into operation in any state until it has been adopted by a law made by the legislature of that state, and shall then be deemed to be a state law and not a federal law, and may accordingly be amended or repealed by a law made by that legislature. parliament may, for the purpose only of ensuring uniformity of law and policy, make laws with respect to land tenure, the relations of landlord and tenant, registration of titles and deeds relating to land, transfer of land, mortgages, leases and charges in respect of land, easements and other rights and interests in land, compulsory acquisition of land, rating and valuation of land, and local government; and clauses (1) (b) and (3) shall not apply to any law relating to any such matter. 76a. power of parliament to extend legislative powers of states it is hereby declared that the power of parliament to make laws with respect to a matter enumerated in the federal list includes power to authorise the legislatures of the states or any of them, subject to such conditions or restrictions (if any) as parliament may impose, to make laws with respect to the whole or any part of that matter. notwithstanding article 75, a state law made under authority conferred by act of parliament as mentioned in clause (1) may, if and to the extent that the act so provides, amend or repeal (as regards the state in question) any federal law passed before that act. any matter with respect to which the legislature of a state is for the time being authorised by act of parliament to make laws shall for purposes of articles 79, 80 and 82 be treated as regards the state in question as if it were a matter enumerated in the concurrent list. 77. residual power of legislation the legislature of a state shall have power to make laws with respect to any matter not enumerated in any of the lists set out in the ninth schedule, not being a matter in respect of which parliament has power to make laws. 78. legislation restricting use of rivers in so far as any law made by parliament or any regulation made in pursuance of such a law restricts the rights of a state or its residents to the use for navigation or irrigation of any river wholly within that state it shall not have effect in that state unless it has been approved by a resolution of the legislative assembly of that state supported by a majority of the total number of its members. 79. exercise of concurrent legislative powers where it appears to the presiding officer of either house of parliament or of the legislative assembly of any state that a bill or an amendment to a bill proposes a change in the law relating to any of the matters enumerated in the concurrent list, or to any of the matters enumerated in the state list with respect to which the federation is exercising functions in accordance with article 94, he shall certify the bill or amendment for the purposes of this article. a bill or amendment certified under this article shall not be proceeded with until four weeks have elapsed since its publication, unless the presiding officer, being satisfied that the state governments, or as the case may be, the federal government, have been consulted, allows it to be proceeded with on the ground of urgency. chapter 2. distribution of executive powers 80. distribution of executive powers subject to the following provisions of this article the executive authority of the federation extends to all matters with respect to which parliament may make laws, and the executive authority of a state to all matters with respect to which the legislature of that state may make laws. the executive authority of the federation does not extend to any matter enumerated in the state list, except in so far as is provided in articles 93 to 95, nor to any matter enumerated in the concurrent list, except in so far as may be provided by federal or state law; and so far as federal or state law confers executive authority on the federation with respect to any matter enumerated in the concurrent list it may do so to the exclusion of the executive authority of the state. so far as a law made under clause (4) of article 76 makes provisions for conferring executive authority on the federation it shall not operate in any state unless approved by resolution of the legislative assembly of that state. federal law may provide that the executive authority of a state shall extend to the administration of any specified provisions of federal law and may for that purpose confer powers and impose duties on any authority of the state. subject to any provisions of federal or state law, arrangements may be made between the federation and a state for the performance of any functions by the authorities of the one on behalf of the authorities of the other and such arrangements may provide for the making of payments in respect of any costs incurred under the arrangements. where, in pursuance of clause (4), any functions are conferred by federal law on any authority of a state the federation shall make such payments to the state as may be agreed between the federation and the state or as may in default of agreement be determined by a tribunal appointed by the chief justice of the federal court. 81. obligations of states towards federation the executive authority of every state shall be so exercisedas to ensure compliance with any federal law applying to that state; and as not to impede or prejudice the exercise of the executive authority of the federation. chapter 3. distribution of financial burdens 82. financing expenditure relating to matters on concurrent list where any law or executive action relating to any of the matters enumerated in the concurrent list involves expenditure, such action shall be taken under this constitution as will ensure that, unless otherwise agreed, the burden of that expenditure is borneby the federation, if the expenditure results either from federal commitments or from state commitments undertaken in accordance with federal policy and with the specific approval of the federal government; by the state or states concerned, if the expenditure results from state commitments undertaken by the state or states on its or their own authority. chapter 4. land 83. acquisition of land for federal purposes if the federal government is satisfied that land in a state, not being alienated land, is needed for federal purposes, that government may, after consultation with the state government, require the state government, and it shall then be the duty of that government, to cause to be made to the federation, or to such public authority as the federal government may direct, such grant of the land as the federal government may direct: provided that the federal government shall not require the grant of any land reserved for a state purpose unless it is satisfied that it is in the national interest so to do. where in accordance with clause (1) the federal government requires the state government to cause to be made a grant of land in perpetuity, the grant shall be made without restrictions as to the use of the land but shall be subject to the payment annually of an appropriate quit rent and the federation shall pay to the state a premium equal to the market value for the grant; and where the federal government so requires the state government to cause to be granted any other interest in land, the federation shall pay to the state the just annual rent therefor and such premium, if any is required by the state government, as may be just: provided that if the value of the land has been increased by means of any improvement made (otherwise than at the expense of the state) while the land was reserved for federal purposes, the increase shall not be taken into consideration in determining the market value, rent or premium for the purposes of this clause. where a requirement is made under clause (1) in respect of any land which, at the date of the requirement, was intended for any state purpose, then ifother land is acquired by the state for that purpose in substitution for the first mentioned land; and the cost of the land so acquired exceeds the amount paid by the federation (otherwise than as rent) in accordance with clause (2) in respect of the interest granted to the federation, the federation shall pay to the state such sum as may be just in respect of the excess. where a further grant is made in pursuance of this article in respect of land an interest in which is vested in the federation or any public authority, any sums payable by way of premium under clause (2) in respect of the further grant shall be reduced by an amount equal to the market value of any improvements made (otherwise than at the expense of the state) since that interest became vested as aforesaid. the foregoing provisions of this article (except clause (3)) shall apply in relation to alienated land as they apply in relation to land not being alienated land, but subject to the following modifications: in clause (1), the words “after consultation with the state government” shall be omitted; where a requirement is made under that clause, it shall be the duty of the state government to cause to be acquired by agreement or compulsorily such interest in the land as may be necessary for complying with the requirement; any expenses incurred by the state in or in connection with the acquisition of land in accordance with paragraph (b) shall be repaid by the federation, except that if the acquisition is by agreement the federation shall not, unless it is party to the agreement, be liable to pay more than it would have paid on a compulsory acquisition; any sum paid by the federation to the state in accordance with paragraph (c) shall be taken into consideration in determining for the purposes of clause (2) the market value, the appropriate quit rent or the just annual rent, and shall be deducted from any premium to be paid by the federation under that clause. where a grant is made to the federation in pursuance of clause (1) in respect of land which, or an interest in which, was acquired by the state government at the expense of the government of the federation of malaya before merdeka day, paragraph (d) of clause (5) shall apply to the sums paid in respect of the acquisition by the government of the federation of malaya as if they were sums paid by the federation in accordance with paragraph (c) of clause (5); and clause (3) shall not apply to any such land. nothing in this article shall prevent the reservation of land in a state for federal purposes on such terms and conditions as may be agreed between the federal government and the government of the state, or affect the power of the appropriate authority in a state to acquire in accordance with any law for the time being in force any alienated land for federal purposes without a requirement by the federal government under this article. nothing in this article shall prevent the making of a grant of land in a state to the federation, on such terms and conditions as may be agreed between the federal government and the government of the state, without a requirement by the federal government under this article. 84. repealed 85. grant to federation of land reserved for federal purposes where any land in a state is reserved for any federal purposes, the federal government may require the state government, and it shall then be the duty of that government, to cause to be made to the federation a grant of the land in perpetuity without restrictions as to the use of the land, but subject to the payment of a premium to be determined in accordance with clause (2) and to the payment annually of an appropriate quit rent. the premium referred to in clause (1) shall be equal to the market value of the land reduced bythe market value of any improvements made (otherwise than at the expense of the state) while the land was in use for federal purposes; and the amount, if any, paid by the federation, or paid before merdeka day by the government of the federation of malaya, in respect of the cost of acquisition of any interest in the land by the state government. without prejudice to clause (1), where any land in a state is reserved for any federal purposes, the federal government may offer to release the land to the state on condition that the state pays to the federation the market value and the amount mentioned in paragraphs (a) and (b) of clause (2); and if the state government accepts the offer the reservation shall cease. except as provided by this article, land in a state which is reserved for federal purposes shall not cease to be so reserved, and all land so reserved shall be controlled and managed by or on behalf of the federal government, and the federal government may grant any right of occupation, control or management, or a tenancy or lease, of the whole or any part of such land, to any personfor the use of the land by such person for any duration for the federal purpose for which it is reserved, or for any purpose ancillary or incidental thereto; or where the federal government is unable for any reason to use the land for the time being for the federal purpose for which it is reserved, for its use by such person for any purpose other than a federal purpose, for such duration and on such terms and conditions as the federal government may determine. in this article the reference to land in a state reserved for federal purposes includesany land which was reserved before merdeka day in accordance with the provisions of any law then in force in the state for any purpose which has become a federal purpose after merdeka day; any land reserved for any federal purpose after merdeka day in accordance with the provisions of any law for the time being in force in a state; any state land referred to in the repealed clause (4) of article 166; and any land in a state reserved for federal purposes by virtue of clause (7) of article 83. 86. disposition of land vested in the federation where any interest in land is vested in the federation, or in a public authority, for any purpose, the federation or the public authority may dispose of that interest or any smaller interest in the land to any person as it deems fit. where any interest in land in a state is disposed of by or to the federation or any public authority in pursuance of this article or of article 85, it shall be the duty of the government of that state to register the transaction accordingly. 87. determination of disputes as to land values where any dispute arises between the federal government and a state government as to the making of any payment by or to the federation under the foregoing articles of this chapter, or as to the amount of any such payment, the dispute shall be referred, at the instance either of the federal government or of the state government, to the lands tribunal appointed in accordance with this article. the lands tribunal shall consist ofa chairman, who shall be appointed by the chief justice of the federal court and who shall be, or have been, or be qualified to be a judge of the federal court, the court of appeal or a high court, or shall before malaysia day have been a judge of the federal court; a member who shall be appointed by the federal government; and a member who shall be appointed by the state government. the practice and procedure of the lands tribunal shall be regulated by rules of court framed by the rules committee or other authority having power under written law to make rules or orders regulating the practice and procedure of the federal court. an appeal shall lie from the lands tribunal to the federal court on any question of law. 88. application of articles 83 to 87 to states not having a ruler in their application to any of the states not having a ruler, articles 83 to 87 shall have effectsubject to such adaptations (if any) as parliament may by law provide, being adaptations required to secure that they apply (as nearly as practicable having regard to differences in the system of land tenure) in the same manner as they apply to other states; and in the case of the states of sabah and sarawak with the omission in article 83 of paragraph (a) of clause (5). 89. malay reservations any land in a state which immediately before merdeka day was a malay reservation in accordance with the existing law may continue as a malay reservation in accordance with that law until otherwise provided by an enactment of the legislature of that state, being an enactmentpassed by a majority of the total number of members of the legislative assembly and by the votes of not less than two-thirds of the members present and voting; and approved by resolution of each house of parliament passed by a majority of the total number of members of that house and by the votes of not less than two-thirds of the members voting. any law made under clause (1) providing for the forfeiture or reversal to the state authority, or for the deprivation, of the ownership of any malay reservation, or of any right or interest therein, on account of any person, or any corporation, company or other body (whether corporate or unincorporate) holding the same ceasing to be qualified or competent under the relevant law relating to malay reservations to hold the same, shall not be invalid on the ground of inconsistency with article 13. any land in a state which is not for the time being a malay reservation in accordance with the existing law and has not been developed or cultivated may be declared as a malay reservation in accordance with that law: provided thatwhere any land in a state is declared a malay reservation under this clause, an equal area of land in that state which has not been developed or cultivated shall be made available for general alienation; and the total area of land in a state for the time being declared as a malay reservation under this clause shall not at any time exceed the total area of land in that state which has been made available for general alienation in pursuance of paragraph (a). subject to clause (4), the government of any state may, in accordance with the existing law, declare as a malay reservationany land acquired by that government by agreement for that purpose; on the application of the proprietor, and with the consent of every person having a right or interest therein, any other land, and shall, in accordance with the existing law, immediately declare as a malay reservation, in a case where any land ceases to be a malay reservation, any other land of a similar character and of an area not exceeding the area of that land. nothing in this article shall authorise the declaration as a malay reservation of any land which at the time of the declaration is owned or occupied by a person who is not a malay or in or over which such a person has then any right or interest. without prejudice to clause (3), the government of any state may, in accordance with law, acquire land for the settlement of malays or other communities, and establish trusts for that purpose. in this article “malay reservation” means land reserved for alienation to malays or to natives of the state in which it lies; and “malay” includes any person who, under the law of the state in which he is resident, is treated as a malay for the purposes of the reservation of land. subject to article 161a, this article shall have effect notwithstanding any other provision of this constitution; but (without prejudice to any such other provision) no land shall be retained or declared as a malay reservation except as provided by this article and article 90. the provisions of this article shall apply to the federal territories of kuala lumpur and putrajaya in the like manner that they apply to a state, save that clause (1) in its application to the federal territories of kuala lumpur and putrajaya shall be modified to read that any land or the federal territory of putrajaya which immediately before merdeka day was a malay reservation in accordance with the existing law may continue as a malay reservation in accordance with that law until otherwise provided by an act of parliament passed by a majority of the total number of members of each house of parliament and by the votes of not less than two-thirds of the members present and voting in each house. 90. special provisions relating to customary land in negeri sembilan and malacca, and malay holdings in terengganu nothing in this constitution shall affect the validity of any restrictions imposed by law on the transfer or lease of customary land in the state of negeri sembilan or the state of malacca, or of any interest in such land. for the purpose of clause (1)“transfer” includes any charge, transmission or vesting, or creation of any lien or trust, or entry of any caveat, or any other form of dealing or disposal of whatever description or nature; and “lease” includes any tenancy of whatever form or duration. notwithstanding anything in this constitution, the existing law in the state of terengganu with respect to malay holdings shall continue in force until otherwise provided by an enactment of the legislature of that state passed and approved as described in clause (1) of article 89. any such enactment of the legislature of the state of terengganu may make provision for malay reservations corresponding with the existing law in force in any other state of a ruler; and in that event the said article 89 shall have effect in relation to terengganu subject to the following modifications, that is to say: in clause (1), for the reference to land which immediately before merdeka day was a malay reservation in accordance with the existing law, there shall be substituted a reference to land which, immediately before the passing of the said enactment, was a malay holding; and subject as aforesaid, any reference to the existing law shall be construed as a reference to the said enactment. 91. national land council there shall be a national land council consisting of a minister as chairman, one representative from each of the states, who shall be appointed by the ruler or yang dipertua negeri, and such number of representatives of the federal government as that government may appoint but, subject to clause (5) of article 95e, the number of representatives of the federal government shall not exceed ten. the chairman may vote on any question before the national land council but shall not have a casting vote. the national land council shall be summoned to meet by the chairman as often as he considers necessary but there shall be at least one meeting in every year. if the chairman or a representative of a state or of the federal government is unable to attend a meeting, the authority by whom he was appointed may appoint another person to take his place at that meeting. it shall be the duty of the national land council to formulate from time to time in consultation with the federal government, the state governments and the national finance council a national policy for the promotion and control of the utilisation of land throughout the federation for mining, agriculture, forestry or any other purpose, and for the administration of any laws relating thereto; and the federal and state governments shall follow the policy so formulated. the federal government or the government of any state may consult the national land council in respect of any other matter relating to the utilisation of land or in respect of any proposed legislation dealing with land or of the administration of any such law, and it shall be the duty of the national land council to advise that government on any such matters. chapter 5. national development 92. national development plan if, after a recommendation from an expert committee and after consultation with the national finance council, the national land council and the government of any state concerned, the yang di-pertuan agong is satisfied that it is conducive to the national interest that a development plan be put into operation in any area or areas in one or more of the states, the yang di-pertuan agong may, after publishing the plan, proclaim the area or areas as a development area; and thereupon parliament shall have power to give effect to the development plan or any part thereof, notwithstanding that any of the matters to which the plan relates are matters with respect to which, apart from this article, only states would have power to make laws. any act passed in pursuant of this article shall recite that it has been so passed and that the provisions of clause (1) have been complied with; and article 79 shall not apply to any bill for such an act or any amendment to such a bill. in this article, “development plan” means a plan for the development, improvement, or conservation of the natural resources of a development area, the exploitation of such resources, or the increase of means of employment in the area. without prejudice to their power under any other article to require any interest in land to be acquired or granted for federal purposes, the federal government may from time to time require the reservation for the purposes of a development plan, to such extent as they may specify, of any land in a development area which is not occupied by private persons; but any diminution, in consequence of the reservation, of the annual revenue received by a state shall be made good to the state by the federation. all income received by the federation through the operation of a development plan shall, subject to clause (6), be appliedin the first instance, for the provision of capital and the meeting of working expenses for the development plan; in the second instance, for the repayment to the federation of any expenditure, including expenditure under clause (4), incurred by the federation in operating the plan; and as to the balance, for payments to the state in which the development area is situated or, if it is situated in two or more states, to those states in such proportions as the federal government may determine. if it is agreed between the federal government and the government of any state which includes the whole or any part of the development area that any expenditure incurred in operating the development plan is to be met by the state, any expenditure so met shall be repaid to the state and the repayment shall rank pari passu with the repayment to the federation of any expenditure incurred by the federation. parliament may repeal or amend any act passed in pursuance of this article, and for that purpose may make such incidental and consequential provisions as it may consider necessary. nothing in this article shall affect the power of parliament or of the legislature of any stateto impose such taxes or rates as it is authorised to impose under any other provision of this constitution; or to make from the federal consolidated fund or the state consolidated fund, as the case may be, grants not repayable under clause (5) or (6), except that where, in pursuance of clause (1), a rate is imposed on any property by federal law which, but for this article, might have been imposed by state law, no rate of the same kind shall be imposed by state law for any period for which the rate imposed by federal law is payable. chapter 6. federal surveys, advice to states and inspection of state activities 93. inquiries, surveys and statistics the federal government may conduct such inquiries (whether by commission or otherwise), authorise such surveys and collect and publish such statistics as it thinks fit, notwithstanding that such inquiries, surveys and collection and publication of statistics relate to a matter with regard to which the legislature of a state may make laws. it shall be the duty of the government of a state, and of all officers and authorities thereof, to assist the federal government in the execution of its powers under this article; and for this purpose the federal government may give such directions as it may deem necessary. 94. federal powers in respect of state subjects the executive authority of the federation extends to the conduct of research, the provision and maintenance of experimental and demonstration stations, the giving of advice and technical assistance to the government of any state, and the provision of education, publicity, and demonstration for the inhabitants of any state, in respect of any of the matters with respect to which the legislature of a state may make laws; and the agricultural and forestry officers of any state shall accept any professional advice given to the government of that state under this clause. notwithstanding anything in this constitution, the existing departments of agriculture, commissioner of lands, forestry and social welfare may continue to exercise the functions exercised by them immediately before merdeka day. nothing in this constitution shall prevent the federal government from establishing ministries or departments of government to exercise the functions of the federal government under article 93 and this article in relation to matters within the legislative authority of a state, and such matters may include soil conservation, local government and town and country planning 95. inspection of state activities subject to clause (3), in exercising the executive authority of the federation any officer authorised by the federal government may inspect any department or work of a state government with a view to making a report thereon to the federal government. a report made under this article shall, if the federal government so direct, be communicated to the state government and laid before the legislative assembly of the state. this article does not authorise the inspection of any department or work dealing only with or carried on only with respect to matters with the exclusive legislative authority of a state. chapter 7. national council for local government 95a. national council for local government there shall be a national council for local government consisting of a minister as chairman, one representative from each of the states, who shall be appointed by the ruler or yang di-pertua negeri, and such number of representatives of the federal government as that government may appoint but, subject to clause (5) of article 95e, the number of representatives of the federal government shall not exceed ten. the chairman may vote on any question before the national council for local government and shall have a casting vote. the national council for local government shall be summoned to meet by the chairman as often as he considers necessary but there shall be at least one meeting in every year. if the chairman or a representative of a state or of the federal government is unable to attend a meeting, the authority by whom he was appointed may appoint another person to take his place at that meeting. it shall be the duty of the national council for local government to formulate from time to time in consultation with the federal government and the state governments a national policy for the promotion, development and control of local government throughout the federation and for the administration of any laws relating thereto; and the federal and state governments shall follow the policy so formulated. it shall also be the duty of the federal government and the government of any state to consult the national council for local government in respect of any proposed legislation dealing with local government and it shall be the duty of the national council for local government to advise those governments on any such matter. the federal government or the government of any state may consult the national council for local government in respect of any other matter relating to local government, and it shall be the duty of the national council for local government to advise that government on any such matter. chapter 8. application to states of sabah and sarawak 95b. modifications for states of sabah and sarawak of distribution of legislative powers in the case of the states of sabah and sarawakthe supplement to list ii set out in the ninth schedule shall be deemed to form part of the state list, and the matters enumerated therein shall be deemed not to be included in the federal list or concurrent list; and the supplement to list iii set out in the ninth schedule shall, subject to the state list, be deemed to form part of the concurrent list, and the matters enumerated therein shall be deemed not to be included in the federal list (but not so as to affect the construction of the state list, where it refers to the federal list). where by virtue of clause (1) an item is included in the concurrent list for a state for a period only, the expiration or termination of that period shall not affect the continued operation of any state law passed by virtue of the item, save as provided by federal or state law. the legislature of the state of sabah or sarawak may also make laws for imposing sales taxes, and any sales tax imposed by state law in the state of sabah or sarawak shall be deemed to be among the matters enumerated in the state list and not in the federal list; butthere shall not in the charging or administration of a state sales tax be any discrimination between goods of the same description according to the place in which they originate; and the charge for any federal sales tax shall be met out of sums collected from a person liable for that tax before the charge for a state sales tax. 95c. power by order to extend legislative or executive powers of states subject to the provisions of any act of parliament passed after malaysia day, the yang di-pertuan agong may by order make as respects any state any such provision as may be made by act of parliamentfor authorising the legislature of the state to make laws as mentioned in article 76a; or for extending the executive authority of the state, and the powers or duties of any authority of the state, as mentioned in clause (4) of article 80. an order made by virtue of paragraph (a) of clause (1) shall not authorise the legislature of a state to amend or repeal an act of parliament passed after malaysia day, unless the act so provides. clause (3) of article 76a and clause (6) of article 80 shall apply in relation to an order under paragraph (a) and paragraph (b) respectively of clause (1) of this article as they apply in relation to an act of parliament. where an order under this article is revoked by a later order, the later order may include provision for continuing in force (generally or to such extent or for such purposes as the order may specify) any state law passed by virtue of the earlier order or any subsidiary legislation made or thing done under any such state law, and from the coming into operation of the later order any state law thereby continued in force shall have effect as federal law: provided that no provision shall be continued in force by virtue of this clause if or in so far as it could not have been made by act of parliament. any order of the yang di-pertuan agong under this article shall be laid before each house of parliament. 95d. exclusion for states of sabah and sarawak of parliament’s power to pass uniform laws about land or local government in relation to the state of sabah or sarawak, clause (4) of article 76 shall not apply, nor shall paragraph (b) of clause (1) of that article enable parliament to make laws with respect to any of the matters mentioned in clause (4) of that article. 95e. exclusion of states of sabah and sarawak from national plans for land utilisation, local government, development, etc in relation to the state of sabah or sarawak articles 91, 92, 94 and 95a shall have effect subject to the following clauses. subject to clause (5), under article 91 and under article 95a the state government shall not be required to follow the policy formulated by the national land council or by the national council for local government, as the case may be, but the representative of the state shall not be entitled to vote on questions before the council. under article 92 no area in the state shall be proclaimed a development area for the purposes of any development plan without the concurrence of the yang di-pertua negeri. under clause (1) of article 94 (under which in respect of matters in the state list the federation may conduct research, give advice and technical assistance, etc.) the agricultural and forestry officers of the state of sabah or sarawak shall consider, but shall not be required to accept, professional advice given to the government of the state. clause (2) shall cease to apply to a stateas regards article 91, if parliament so provides with the concurrence of the yang dipertua negeri; and as regards article 95a, if parliament so provides with the concurrence of the legislative assembly, but for each representative of the state of sabah or sarawak becoming entitled, by virtue of this clause, to vote on questions before the national land council or national council for local government, one shall be added to the maximum number of representatives of the federal government on that council. part vii. financial provisions chapter 1. general 96. no taxation unless authorised by law no tax or rate shall be levied by or for the purposes of the federation except by or under the authority of federal law. 97. consolidated funds all revenues and moneys howsoever raised or received by the federation shall, subject to the provisions of this constitution and of federal law, be paid into and form one fund, to be known as the federal consolidated fund. all revenues and moneys howsoever raised or received by a state shall, subject to clause (3) and to any law, be paid into and form one fund, to be known as the consolidated fund of that state. if in accordance with state law or in respect of the federal territories of kuala lumpur, labuan and putrajaya, in accordance with federal law any zakat, fitrah, baitulmal or similar islamic religious revenue is raised, it shall be paid into a separate fund and shall not be paid out except under the authority of state law or federal law, as the case may be. unless the context otherwise requires, any reference in this constitution to the consolidated fund shall be construed as a reference to the federal consolidated fund. 98. expenditure charged on federal consolidated fund there shall be charged on the consolidated fund, in addition to any grant, remuneration or other moneys so charged by any other article or federal lawall pensions, compensation for loss of office and gratuities for which the federation is liable; all debt charges for which the federation is liable; and any moneys required to satisfy any judgment, decision or award against the federation by any court or tribunal. in making payment of any grant to a state in accordance with the provisions of this part, the federation may deduct the amount of any debt charges payable to the federation by the state and charged on the consolidated fund of that state. for the purposes of this article debt charges include interest, sinking fund charges, the repayment or amortisation of debt, and all expenditure in connection with the raising of loans on the security of the consolidated fund and the service and redemption of debt created thereby. 99. annual financial statement the yang di-pertuan agong shall, in respect of every financial year, cause to be laid before the house of representatives a statement of the estimated receipts and expenditure of the federation for that year, and, unless parliament in respect of any year otherwise provides, that statement shall be so laid before the commencement of that year: provided that there may be separate statements of estimated receipts and estimated expenditure, and in that case it shall not be necessary for the statement of receipts to be so laid before the commencement of the year to which it relates. the estimates of expenditure shall showthe total sums required to meet expenditure charged on the consolidated fund; and subject to clause (3), the sums required to meet the expenditure for other purposes proposed to be met from the consolidated fund. the sums to be shown under paragraph (b) of clause (2) do not includesums representing the proceeds of any loan raised by the federation for specific purposes and appropriated for those purposes by the act authorising the raising of the loan; sums representing any money or interest on money received by the federation subject to a trust and to be applied in accordance with the terms of the trust; sums representing any money held by the federation which has been received or appropriated for the purpose of any trust fund established by or in accordance with federal law. the said statement shall also show, so far as is practicable, the assets and liabilities of the federation at the end of the last completed financial year, the manner in which those assets are invested or held, and the general purposes in respect of which those liabilities are outstanding. 100. supply bills the expenditure to be met from the consolidated fund but not charged thereon, other than expenditure to be met by such sums as are mentioned in clause (3) of article 99, shall be included in a bill, to be known as a supply bill, providing for the issue from the consolidated fund of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified therein. 101. supplementary and excess expenditure if in respect of any financial year it is foundthat the amount appropriated by the supply act for any purpose is insufficient, or that a need has arisen for expenditure for a purpose for which no amount has been appropriated by the supply act; or that any moneys have been expended for any purpose in excess of the amount (if any) appropriated for that purpose by the supply act, a supplementary estimate showing the sums required or spent shall be laid before the house of representatives and the purposes of any such expenditure shall be included in a supply bill. 102. power to authorise expenditure on account or for unspecified purposes parliament shall have power in respect of any financial yearbefore the passing of the supply bill, to authorise by law expenditure for part of the year; to authorise by law expenditure for the whole or part of the year otherwise than in accordance with articles 99 to 101, if owing to the magnitude or indefinite character of any service or to circumstances of unusual urgency it appears to parliament to be desirable to do so. 103. contingencies fund parliament may by law provide for the creation of a contingencies fund and for authorising the minister charged with responsibility for finance, if satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from the contingencies fund to meet that need. where any advance is made in accordance with clause (1), a supplementary estimate shall be presented and a supply bill introduced as soon as possible for the purpose of replacing the amount so advanced. 104. withdrawals from consolidated fund subject to clause (2), no moneys shall be withdrawn from the consolidated fund unless they arecharged on the consolidated fund; or authorised to be issued by a supply act; or authorised to be issued under article 102. clause (1) does not apply to any such sums as are mentioned in clause (3) of article 99. no moneys shall be withdrawn from the consolidated fund except in the manner provided by federal law. 105. auditor general there shall be an auditor general, who shall be appointed by the yang di-pertuan agong on the advice of the prime minister and after consultation with the conference of rulers. a person who has held the office of auditor general shall be eligible for reappointment but shall not be eligible for any other appointment in the service of the federation or for any appointment in the service of a state. the auditor general may at any time resign his office but shall not be removed from office except on the like grounds and in the like manner as a judge of the federal court. parliament shall by law provide for the remuneration of the auditor general, and the remuneration so provided shall be charged on the consolidated fund. the remuneration and other terms of office (including pension rights) of the auditor general shall not be altered to his disadvantage after his appointment. subject to the provisions of this article, the terms and conditions of service of the auditor general shall be determined by federal law and, subject to the provisions of federal law, by the yang di-pertuan agong. 106. powers and duties of auditor general the accounts of the federation and of the states shall be audited and reported on by the auditor general. the auditor general shall perform such other duties and exercise such powers in relation to the accounts of the federation and of the states and to the accounts of other public authorities and of those bodies which are specified by order made by the yang dipertuan agong, as may be provided by federal law. 107. reports of auditor general the auditor general shall submit his reports to the yang di-pertuan agong, who shall cause them to be laid before the house of representatives. a copy of any such report relating to the accounts of a state, or to the accounts of any public authority exercising powers conferred by state law, shall be submitted to the ruler or yang di-pertua negeri of that state, who shall cause it to be laid before the legislative assembly. 108. national finance council there shall be a national finance council consisting of the prime minister, such other ministers as the prime minister may designate, and one representative from each of the states, appointed by the ruler or yang di-pertua negeri. the national finance council shall be summoned to meet by the prime minister as often as he considers necessary and whenever the representatives of three or more states demand a meeting, but there shall be at least one meeting in every twelve months. at any meeting of the national finance council the prime minister may be represented by another minister of the federation, and the prime minister or, if he is not present, the minister representing him, shall preside. it shall be the duty of the federal government to consult the national finance council in respect ofthe making of grants by the federation to the states; the assignment to the states of the whole or any portion of the proceeds of any federal tax or fee; the annual loan requirements of the federation and the states and the exercise by the federation and the states of their borrowing powers; the making of loans to any of the states; the making of development plans in accordance with article 92; the matters referred to in item 7 (f) and (g) of the federal list; any proposal to introduce a bill for such a law as is mentioned in clause (2) article 109 or clause (3) or (3a) article 110; any other matter in respect of which this constitution or federal law makes provision for consultation with the national finance council. the federal government may consult the national finance council in respect of any other matter, whether or not it involves questions of finance, and the government of a state may consult the said council in respect of any matter which affects the financial position of that state. 109. grants to states the federation shall make to each state in respect of each financial yeara grant, to be known as a capitation grant, which shall be calculated in accordance with the provisions of part i of the tenth schedule; a grant for the maintenance of state road, to be known as the state road grant, which shall be calculated in accordance with the provisions of part ii of that schedule. parliament may from time to time by law vary the rates of the capitation grant; but if the effect of any such law is to reduce the grant, provision shall be made in that law for securing that the amount of grant received by any state in respect of any financial year is not less than ninety per cent of the amount received by that state in the preceding financial year. parliament may by law make grants for specific purposes to any of the states on such terms and conditions as may be provided by any such law. the amounts required for making the grants mentioned in the preceding provisions of this article shall be charged on the consolidated fund. if, in accordance with article 103, a contingencies fund is created, the power to make advances from that fund for meeting an urgent and unforeseen need for expenditure shall include power to make such advances to a state for meeting such a need. the federation shall pay into a fund, to be known as the state reserve fund(repealed); in respect of every financial year such sum as the federal government may, after consultation with the national finance council, determine to be necessary, and the federation may from time to time, after consultation with the national finance council, make grants out of the state reserve fund to any state for the purposes of development or generally to supplement its revenues. 110. assignment of taxes and fees to the states subject to clause (2), each of the states shall receive all proceeds from the taxes, fees and other sources of revenue specified in part iii of the tenth schedule so far as collected, levied or raised within the state. parliament may from time to time by law substitute for any source of revenue specified in section 1, 3, 4, 5, 6, 7, 8, 12 or 14 of part iii of the tenth schedule or for any source of revenue so substituted, another source of revenue of substantially equal value. each state shall receive, on such terms and conditions as may be provided by or under federal law, ten per cent or such greater amount as may be so provided of the export duty on tin produced in the state. parliament may by law provide that each state shall receive, on such terms and conditions as may be prescribed by or under federal law, such proportion as may be so prescribed of the export duty on minerals (other than tin) produced in the state. in this article “minerals” means mineral ores, mental and mineral oils. without prejudice to the power to impose conditions conferred by clause (3) or (3a), parliament may by law provide for prohibiting or restricting, in, or except in, such cases as may be provided by or under the law, the levying of royalties on or similar charges in respect of minerals (whether under a lease or other instrument or under any state enactment, and whether the instrument was made or the enactment passed before or after the coming into operation of this clause). without prejudice to the provisions of clauses (1) to (3a), parliament may by lawassign to the states the whole or any portion of the proceeds of any tax or fee raised or levied by the federation; and assign to the states the responsibility of collecting for state purposes any tax or fee authorised by federal law. the amounts receivable by the states under clause (1), (2) or (4) shall not be paid into the consolidated fund; and the amounts receivable by the states under clauses (3) and (3a) shall be charged on the consolidated fund. 111. restriction on borrowing the federation shall not borrow except under the authority of federal law. a state shall not borrow except under the authority of state law, and state law shall not authorise a state to borrow except from the federation or, for a period not exceeding five years, from a bank or other financial source approved for that purpose by the federal government, and subject to such conditions as may be specified by the federal government. a state shall not give any guarantee except under the authority of state law, and such guarantee shall not be given except with the approval of the federal government and subject to such conditions as may be specified by it. 112. restriction on alterations in establishments of states subject to clause (2), no state shall, without the approval of the federation, make any addition to its establishment or the establishment of any of its departments, or alter the rates of established salaries and emoluments, if the effect of doing so would be to increase the liability of the federation in respect of pensions, gratuities or other like allowances. this article does not apply tonon-pensionable appointments the maximum salaries of which do not exceed four hundred ringgit per month or such other amount as may be fixed by order by the yang dipertuan agong; or pensionable appointments the maximum salaries of which do not exceed one hundred ringgit per month or such other amount as may be fixed by order by the yang di-pertuan agong. chapter 2. application to states of sabah and sarawak 112a. state audits in states of sabah and sarawak the auditor general shall submit his reports relating to the accounts of each of the states of sabah and sarawak, or to the accounts of any public authority exercising powers vested in it by the state law in either of those states, to the yang di-pertuan agong (who shall cause them to be laid before the house of representatives) and to the yang di-pertua negeri of the state; and accordingly clause (2) of article 107 shall not apply to those reports. the yang di-pertua negeri shall cause any such report submitted to him to be laid before the legislative assembly. the powers and duties of the auditor general in relation to the accounts mentioned in clause (1) for any period ending before the year 1969 shall, in the state of sabah or sarawak, be exercised and discharged on his behalf by the senior officer of his department for the time being stationed in the state in question: provided that during the absence or incapacity of that officer, or a vacancy in his post, those powers and duties shall be exercised and discharged by the auditor general or such officer of his department as he may designate. 112b. borrowing powers of states of sabah and sarawak clause (2) of article 111 shall not restrict the power of the state of sabah or sarawak to borrow under the authority of state law within the state, if the borrowing has the approval of the central bank for the time being of the federation. 112c. special grants and assignments of revenue to states of sabah and sarawak subject to the provisions of article 112d and to any limitation expressed in the relevant section of the tenth schedulethe federation shall make to the states of sabah and sarawak in respect of each financial year the grants specified in part iv of that schedule; and each of those states shall receive all proceeds from the taxes, fees and dues specified in part v of that schedule, so far as collected, levied or raised within the states, or such part of those proceeds as is so specified. the amounts required for making the grants specified in the said part iv, and the amounts receivable by the state of sabah or sarawak under section 3 or 4 of the said part v, shall be charged on the consolidated fund; and the amounts otherwise receivable by the state of sabah or sarawak under the said part v shall not be paid into the consolidated fund. in article 110, clauses (3a) and (4) shall not apply to the state of sabah or sarawak. subject to clause (5) of article 112d, in relation to the state of sabah or sarawak clause (3b) of article 110shall apply in relation to all minerals, including mineral oils; but shall not authorise parliament to prohibit the levying of royalties on any mineral by the state or to restrict the royalties that may be levied in any case so that the state is not entitled to receive a royalty amounting to ten per cent ad valorem (calculated as for export duty). 112d. reviews of special grants to state of sabah and sarawak the grants specified in section 1 and subsection (1) of section 2 of part iv of the tenth schedule, and any substituted or additional grant made by virtue of this clause, shall at the intervals mentioned in clause (4) be reviewed by the governments of the federation and the states or state concerned, and if they agree on the alteration or abolition of any of those grants, or the making of another grant instead of or as well as those grants or any of them, the said part iv and clause (2) of article 112c shall be modified by order of the yang di-pertuan agong as may be necessary to give effect to the agreement: provided that on the first review the grant specified in subsection (2) of section 1 of the said part iv shall not be brought into question except for the purpose of fixing the amounts for the ensuing five years. any review under this article shall take into account the financial position of the federal government, as well as the needs of the states or state concerned, but (subject to that) shall endeavour to ensure that the state revenue is adequate to meet the cost of state services as they exist at the time of the review, with such provision for their expansion as appears reasonable. the period for which provision is to be made on a review shall be a period of five years or (except in the case of the first review) such longer period as may be agreed between the federation and the states or state concerned; but any order under clause (1) giving effect to the results of a review shall continue in force after the end of that period, except in so far as it is superseded by a further order under that clause. a review under this article shall not take place earlier than is reasonably necessary to secure that effect can be given to the results of the review from the end of the year 1968 or, in the case of a second or subsequent review, from the end of the period provided for by the preceding review; but, subject to that, reviews shall be held as regards both the states of sabah and sarawak for periods beginning with the year 1969 and with the year 1974, and thereafter as regards either of them at such time (during or after the period provided for on the preceding review) as the government of the federation or of the state may require. if on the occasion of any review under this article the government of the federation gives notice to the states or state concerned of their intention to vary any of the assignments of revenue under part v of the tenth schedule (including any substituted or additional assignment made by virtue of this clause), or to vary clause (4) of article 112c, the review shall take the variation into account, and provision shall be made by order of the yang di-pertuan agong so as to give effect to the variation from the beginning of the period provided for on the review: provided that this clause shall not apply to the assignments under sections 4, 7 and 8, and shall not apply to that under section 5 or 6 until the second review. if on any review the federal government and the government of a state are unable to reach agreement on any matter, it shall be referred to an independent assessor, and his recommendations thereon shall be binding on the governments concerned and shall be given effect as if they were the agreement of those governments. clause (4) of article 108 shall not apply to require the federal government to consult the national finance council in respect of matters arising under this article. any order of the yang di-pertuan agong under this article shall be laid before each house of parliament. 112e. repealed part viii. elections 113. conduct of elections there shall be an election commission, to be constituted in accordance with article 114, which, subject to the provisions of federal law, shall conduct elections to the house of representatives and the legislative assemblies of the states and prepare and revise electoral rolls for such elections. 2 subject to paragraph (ii), the election commission shall, from time to time, as they deem necessary, review the division of the federation and the states into constituencies and recommend such changes therein as they may think necessary in order to comply with the provisions contained in the thirteenth schedule; and the reviews of constituencies for the purpose of elections to the legislative assemblies shall be undertaken at the same time as the reviews of constituencies for the purpose of elections to the house of representatives. there shall be an interval of not less than eight years between the date of completion of one review, and the date of commencement of the next review, under this clause. a review under paragraph (i) shall be completed within a period of not more than two years from the date of its commencement. if the election commission are of opinion that in consequence of a law made under article 2 it is necessary to undertake the reviews mentioned in clause (2), they shall do so, whether or not eight years have elapsed since the last review under that clause. 3a where the number of elected members of the house of representatives is altered in consequence of any amendment to article 46, or the number of elected members of the legislative assembly of a state is altered in consequence of a law enacted by the legislature of a state, the election commission shall, subject to clause (3b), undertake a review of the division into federal or state constituencies, as the case may be, of the area which is affected by the alteration, and such review shall be completed within a period of not more than two years from the date of the coming into force of the law making the alteration. a review under paragraph (i) shall not affect the interval provided under paragraph (ii) of clause (2) in respect of a review under paragraph (i) of that clause. the provisions of the thirteenth schedule shall apply to a review under this clause, but subject to such modifications as may be considered necessary by the election commission. where an amendment to article 46 or a law enacted by the legislative assembly of a state referred to in paragraph (i) of clause (3a) comes into force after the lapse of eight years from the date of completion of the last review under clause (2) and the election commission are of the opinion that it is necessary to undertake a review under clause (2), the election commission shall not undertake a review under paragraph (i) of clause (3a) but shall instead undertake a review under clause (2) and in conducting such review shall take into account any area which is affected in consequence of the amendment or the law referred to in paragraph (i) of clause (3a). federal or state law may authorise the election commission to conduct elections other than those referred to in clause (1). so far as may be necessary for the purposes of its functions under this article the election commission may make rules, but any such rules shall have effect subject to the provisions of federal law. there shall be separate reviews under clause (2) for the states of malaya and for each of the states of sabah and sarawak, and for the purposes of this part the expression “unit of review” shall mean, for federal constituencies, the area under review and, for state constituencies, the state and the expression “states of malaya” shall include the federal territories of kuala lumpur, labuan and putrajaya. subject to clause (3), the period for the first reviews under clause (2) for any unit of review shall be calculated from the first delimitation of constituencies for that unit under this constitution or under the malaysia act. [act 26/63.] notwithstanding clause (7) of this article the period for reviews under clause (2) for the unit of review of the states of malaya undertaken after the passing of the constitution (amendment) (no. 2) act 1973 shall be calculated from the first delimitation of constituencies for that unit immediately following the passing of that act. the date of the commencement of a review under clause (2) or clause (3a), as the case may be, shall be the date of the publication in the gazette of the notice referred to in section 4 of the thirteenth schedule. the date of the completion of a review under clause (2) or clause (3a), as the case may be, shall be the date of the submission of the report to the prime minister under section 8 of the thirteenth schedule, and a notice of such date shall be published by the election commission in the gazette. 114. constitution of election commission the election commission shall be appointed by the yang di-pertuan agong after consultation with the conference of rulers, and shall consist of a chairman, a deputy chairman and five other members. in appointing members of the election commission the yang di-pertuan agong shall have regard to the importance of securing an election commission which enjoys public confidence. a member of the election commission shall cease to hold office on attaining the age of sixty-six years or on becoming disqualified under clause (4) and may at any time resign his office by writing under his hand addressed to the yang di-pertuan agong, but shall not be removed from office except on the like grounds and in the like manner as a judge of the federal court. notwithstanding anything in clause (3), the yang di-pertuan agong shall by order remove from office any member of the election commission if such memberis an undischarged bankrupt; or engages in any paid office or employment outside the duties of this office; or is a member of either house of parliament or of the legislative assembly of a state. in addition to any disqualification provided under clause (4), the chairman of the election commission shall be disqualified from holding such office if after three months of his appointment to such office or at any time thereafter he is or becomes a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organization or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not he receives any remuneration, reward, profit or benefit from it: provided that such disqualification shall not apply where such organisation or body carries out any welfare or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature, and the member does not receive any remuneration, reward, profit or benefit from it. parliament shall by law provide for the remuneration of members of the election commission, and the remuneration so provided shall be charged on the consolidated fund. subject to the provisions of this article, parliament may by law provide for the terms of office of members of the election commission other than their remuneration. the remuneration and other terms of office of a member of the election commission shall not be altered to his disadvantage after his appointment. where, during any period, the chairman of the election commission has been granted leave of absence by the yang di-pertuan agong or is unable, owing to his absence from the federation, illness or any other cause, to discharge his functions, the deputy chairman shall discharge the functions of the chairman during that period, and if the deputy chairman is also absent or unable to discharge such functions, a member of the election commission may be appointed by the yang di-pertuan agong to discharge the functions of the chairman during that period. 115. assistance to election commission the election commission may employ such number of persons, on such terms and subject to such conditions, as the commission may with the approval of the yang dipertuan agong determine. all public authorities shall on the request of the commission give the commission such assistance in the discharge of its duties as may be practicable; and in exercising its functions of making recommendations for the delimitation of constituencies for the elections mentioned in clause (1) of article 113 the commission shall seek the advice of two officers of the federal government with special knowledge of the topography of, and the distribution of the population in, the unit of review for federal elections, and those officers shall be selected for that purpose by the yang di-pertuan agong. 116. federal constituencies for the election of members to the house of representatives a unit of review shall be divided into constituencies in accordance with the provisions contained in the thirteenth schedule. the total number of constituencies shall be equal to the number of members, so that one member shall be elected for each constituency, and of that total in the states of malaya a number determined in accordance with the provisions contained in article 46 and the thirteenth schedule shall be allocated to each state. (repealed). (repealed). (repealed). 117. state constituencies for the election of members to the legislative assembly of a state the state shall be divided into as many constituencies as there are elected members, so that one member shall be elected for each constituency; and the division shall be made in accordance with the provisions contained in the thirteenth schedule. 118. method of challenging election no election to the house of representatives or to the legislative assembly of a state shall be called in question except by an election petition presented to the high court having jurisdiction where the election was held. 118a. method of questioning election petition of no return a petition complaining of no return to the house of representatives or the legislative assembly shall be deemed to be an election petition and the high court may make such order thereon as it may think fit for compelling a return to be made, but the failure to make a return within any period specified by article 54 or 55 or by the corresponding provision of the constitution of any state, as the case may be, shall not be a ground for declaring that a member has not been duly elected. 119. qualifications of electors every citizen whohas attained the age of twenty-one years on the qualifying date; is resident in a constituency on such qualifying date or, if not so resident, is an absent voter; and is, under the provisions of any law relating to elections, registered in the electoral roll as an elector in the constituency in which he resides on the qualifying date, is entitled to vote in that constituency in any election to the house of representatives or the legislative assembly unless he is disqualified under clause (3) or under any law relating to offences committed in connection with elections; but no person shall in the same election vote in more than one constituency. if a person is in a constituency by reason only of being a patient in an establishment maintained wholly or mainly for the reception and treatment of persons suffering from mental illness or mental defectiveness or of being detained in custody he shall for the purposes of clause (1) be deemed not to be resident in that constituency. a person is disqualified for being an elector in any election to the house of representatives or the legislative assembly ifon the qualifying date he is detained as a person of unsound mind or is serving a sentence of imprisonment; or having before the qualifying date been convicted in any part of the commonwealth of an offence and sentenced to death or imprisonment for a term exceeding twelve months, he remains liable on the qualifying date to suffer any punishment for that offence. in this article“absent voter” means, in relation to any constituency, any citizen who is registered as an absent voter in respect of that constituency; “qualifying date” means the date on which a person applies for registration as an elector in a constituency, or the date on which he applies for the change of his registration as an elector in a different constituency, in accordance with the provisions of any law relating to elections. 120. direct elections to the senate where in accordance with clause (4) of article 45 provision is made by parliament for the election of senators by the direct vote of electorsthe whole of a state shall form a single constituency and each elector shall have as many votes at any election to the senate as there are seats to be filled in that election; and the electoral rolls for elections to the house of representatives shall also be the electoral rolls for elections to the senate; and articles 118, 118a and 119 shall apply in relation to elections to the senate as they apply in relation to elections to the house of representatives. part ix. the judiciary 121. judicial power of the federation there shall be two high courts of co-ordinate jurisdiction and status, namelyone in the states of malaya, which shall be known as the high court in malaya and shall have its principal registry at such place in the states of malaya as the yang di-pertuan agong may determine; and one in the states of sabah and sarawak, which shall be known as the high court in sabah and sarawak and shall have its principal registry at such place in the states of sabah and sarawak as the yang di-pertuan agong may determine; (repealed), and such inferior courts as may be provided by federal law and the high courts and inferior courts shall have such jurisdiction and powers as may be conferred by or under federal law. the courts referred to in clause (1) shall have no jurisdiction in respect of any matter within the jurisdiction of the syariah courts. there shall be a court which shall be known as the mahkamah rayuan (court of appeal) and shall have its principal registry at such place as the yang di-pertuan may determine, and the court of appeal shall have the following jurisdiction, that is to say: jurisdiction to determine appeals from decisions of a high court or a judge thereof (except decisions of a high court given by a registrar or other officer of the court and appealable under federal law to a judge of the court); and such other jurisdiction as may be conferred by or under federal law. there shall be a court which shall be known as the mahkamah persekutuan (federal court) and shall have its principal registry at such place as the yang di-pertuan may determine, and the federal court shall have the following jurisdiction, that is to say: jurisdiction to determine appeals from decisions of the court of appeal, of the high court or a judge thereof; such original or consultative jurisdiction as is specified in articles 128 and 130; and such other jurisdiction as may be conferred by or under federal law. subject to any limitations imposed by or under federal law, any order, decree, judgment or process of the courts referred to in clause (1) or of any judge thereof shall (so far as its nature permits) have full force and effect according to its tenor throughout the federation, and may be executed or enforced in any part of the federation accordingly; and federal law may provide for courts in one part of the federation or their officers to act in aid of courts in another part. in determining where the principal registry of the high court in sabah and sarawak is to be, the yang di-pertuan agong shall act on the advice of the prime minister, who shall consult the chief ministers of the states of sabah and sarawak and the chief judge of the high court. 122. constitution of federal court the federal court shall consist of a president of the court (to be styled “the chief justice of the federal court”), of the president of the court of appeal, of the chief judges of the high courts and, until the yang di-pertuan agong by order otherwise provides, of four* [now “shall not exceed eleven”-see p.u. (a) 163/2009] other judges and such additional judges as may be appointed pursuant to clause (1a). notwithstanding anything in this constitution contained, the yang di-pertuan agong acting on the advice of the chief justice of the federal court may appoint for such purposes or for such period of time as he may specify any person who has held high judicial office in malaysia to be an additional judge of the federal court: provided that no such additional judge shall be ineligible to hold office by reason of having attained the age of sixty-six years. a judge of the court of appeal other than the president of the court of appeal may sit as a judge of the federal court where the chief justice considers that the interests of justice so require, and the judge shall be nominated for the purpose (as occasion requires) by the chief justice. 122a. constitution of court of appeal the court of appeal shall consist of a chairman (to be styled the “president of the court of appeal”) and, until the yang di-pertuan agong by order otherwise provides, of ten* [now "shall not exceed thirty-two"-see p.u. (a) 164/2009] other judges. a judge of a high court may sit as a judge of the court of appeal where the president of the court of appeal considers that the interests of justice so require, and the judge shall be nominated for the purpose (as occasion requires) by the president of the court of appeal after consulting the chief judge of that high court. 122aa. constitution of the high courts each of the high courts shall consist of a chief judge and not less than four other judges; but the number of other judges shall not, until the yang di-pertuan agong by order otherwise provides, exceedin the high court in malaya, forty-seven* [now "shall not exceed sixty"-see p.u. (a) 384/2006); and in the high court in sabah and sarawak, ten** [now "shall not exceed thirteen"-see p.u. (a) 385/2006). any person qualified for appointment as a judge of a high court may sit as a judge of that court if designated for the purpose (as occasion requires) in accordance with article 122b. 122ab. appointment of judicial commissioner for the despatch of business of the high court in malaya and the high court in sabah and sarawak, the yang di-pertuan agong acting on the advice of the prime minister, after consulting the chief justice of the federal court, may by order appoint to be judicial commissioner for such period or such purpose as may be specified in the order any person qualified for appointment as a judge of a high court; and the person so appointed shall have power to perform such functions of a judge of the high court as appear to him to require to be performed; and anything done by him when acting in accordance with his appointment shall have the same validity and effect as if done by a judge of that court, and in respect thereof he shall have the same powers and enjoy the same immunities as if he had been a judge of that court. the provisions of clauses (2) and (5) of article 124 shall apply to a judicial commissioner as they apply to a judge of a high court. 122b. appointment of judges of federal court, court of appeal and of high courts the chief justice of the federal court, the president of the court of appeal and the chief judges of the high courts and (subject to article 122c) the other judges of the federal court, of the court of appeal and of the high courts shall be appointed by the yang di-pertuan agong, acting on the advice of the prime minister, after consulting the conference of rulers. before tendering his advice as to the appointment under clause (1) of a judge other than the chief justice of the federal court, the prime minister shall consult the chief justice. before tendering his advice as to the appointment under clause (1) of the chief judge of a high court, the prime minister shall consult the chief judge of each of the high courts and, if the appointment is to the high court in sabah and sarawak, the chief minister of each of the states of sabah and sarawak. before tendering his advice as to the appointment under clause (1) of a judge other than the chief justice, president or a chief judge, the prime minister shall consult, if the appointment is to the federal court, the chief justice of the federal court, if the appointment is to the court of appeal, the president of the court of appeal and, if the appointment is to one of the high courts, the chief judge of that court. this article shall apply to the designation of a person to sit as judge of a high court under clause (2) of article 122aa as it applies to the appointment of a judge of that court other than the chief judge. notwithstanding the dates of their respective appointments as judges of the federal court, of the court of appeal or of the high courts, the yang di-pertuan agong, acting on the advice of the prime minister given after consulting the chief justice, may determine the order of precedence of the judges among themselves. 122c. transfer of judge of one high court to another article 122b shall not apply to the transfer to a high court, otherwise than as chief judge, of a judge of another high court other than the chief judge; and such a transfer may be made by the yang di-pertuan agong, on the recommendation of the chief justice of the federal court, after consulting the chief judges of the two high courts. 123. qualifications of judges of federal court, court of appeal and of high courts a person is qualified for appointment under article 122b as a judge of the federal court, as a judge of the court of appeal or as a judge of any of the high courts ifhe is a citizen; and for the ten years preceding his appointment he has been an advocate of those courts or any of them or a member of the judicial and legal service of the federation or of the legal service of a state, or sometimes one and sometimes another. 124. oath of office of judges the chief justice of the federal court shall before exercising the functions of his office take and subscribe the oath of office and allegiance set out in the sixth schedule, and shall do so in the presence of the yang di-pertuan agong. a judge of the federal court, the court of appeal or a high court, other than the chief justice of the federal court, shall before exercising the functions of a judge take and subscribe the oath of office and allegiance set out in the sixth schedule in relation to his judicial duties in whatever office. a person taking the oath on becoming the president of the court of appeal shall do so in the presence of the senior judge available of the court of appeal. a person taking the oath on becoming chief judge of a high court shall do so in the presence of the senior judge available of that high court. a person taking the oath on becoming a judge of the federal court shall do so in the presence of the chief justice or, in his absence, the next senior judge available of the federal court. a person taking the oath on becoming a judge of the court of appeal shall do so in the presence of the president of the court of appeal or, in his absence, the next senior judge available of the court of appeal. a person taking the oath on becoming a judge of a high court (but not chief judge) shall do so in the presence of the chief judge of that court or, in his absence, the next senior judge available of that court. 125. tenure of office and remuneration of judges of federal court subject to the provisions of clauses (2) to (5), a judge of the federal court shall hold office until he attains the age of sixty-six years or such later time, not being later than six months after he attains that age, as the yang di-pertuan agong may approve. a judge of the federal court may at any time resign his office by writing under his hand addressed to the yang di-pertuan agong but shall not be removed from office except in accordance with the following provisions of this article. if the prime minister, or the chief justice after consulting the prime minister, represents to the yang di-pertuan agong that a judge of the federal court ought to be removed on the ground of any breach of any provision of the code of ethics prescribed under clause (3b) or on the ground of inability, from infirmity of body or mind or any other cause, properly to discharge the functions of his office, the yang di-pertuan agong shall appoint a tribunal in accordance with clause (4) and refer the representation to it; and may on the recommendation of the tribunal remove the judge from office. where a judge has committed a breach of any provisions of the code of ethics prescribed under clause (3b) but the chief justice is of the opinion that the breach does not warrant the judge being referred to a tribunal appointed under clause (4), the chief justice may refer the judge to a body constituted under federal law to deal with such breach. the yang di-pertuan agong on the recommendation of the chief justice, the president of the court of appeal and the chief judges of the high courts may, after consulting the prime minister, prescribe in writing a code of ethics which shall also include provisions on the procedure to be followed and sanctions which can be imposed other than the removal of a judge from office under clause (3), in relation to a breach of any provision of the code of ethics. the code of ethics prescribed under clause (3b) shall be observed by every judge of the federal court and every judicial commissioner. the tribunal appointed under clause (3) shall consist of not less than five persons who hold or have held office as judge of the federal court, the court of appeal or a high court or, if it appears to the yang di-pertuan agong expedient to make such appointment, persons who hold or have held equivalent office in any other part of the commonwealth, and shall be presided over by the member first in the following order, namely, the chief justice of the federal court, the president and the chief judges according to their precedence among themselves, and other members according to the order of their appointment to an office qualifying them for membership (the older coming before the younger of two members with appointments of the same date). pending any reference and report under clause (3) the yang di-pertuan agong may on the recommendation of the prime minister and, in the case of any other judge after consulting the chief justice, suspend a judge of the federal court from the exercise of his functions. parliament shall by law provide for the remuneration of the judges of the federal court, and the remuneration so provided shall be charged on the consolidated fund. subject to the provisions of this article, parliament may by law provide for the terms of office of the judges of the federal court other than their remuneration. the remuneration and other terms of office (including pension rights) of a judge of the federal court shall not be altered to his disadvantage after his appointment. notwithstanding clause (1), the validity of anything done by a judge of the federal court shall not be questioned on the ground that he had attained the age at which he was required to retire. this article shall apply to a judge of the court of appeal and to a judge of a high court as it applies to a judge of the federal court, except that the yang di-pertuan agong before suspending under clause (5) a judge of the court of appeal or a judge of a high court other than the president of the court of appeal or the chief judge of a high court shall consult the president of the court of appeal or the chief judge of that high court instead of the chief justice of the federal court. the president of the court of appeal and the chief judges of the high courts shall be responsible to the chief justice of the federal court. 125a. exercise of powers by judges notwithstanding anything contained in this constitution, it is hereby declared thatthe chief justice of the federal court and a judge of the federal court may exercise all or any of the powers of a judge of the court of appeal and of a judge of a high court; the president of the court of appeal and a judge of the court of appeal may exercise all or any of the powers of a judge of a high court; and a judge of the high court in malaya may exercise all or any of the powers of a judge of the high court in sabah and sarawak, and vice versa. the provisions of this article shall be deemed to have been an integral part of this constitution as from malaysia day. 126. power to punish for contempt the federal court, the court of appeal or a high court shall have power to punish any contempt of itself. 127. restriction on parliamentary discussion of conduct of judge the conduct of a judge of the federal court, the court of appeal or a high court shall not be discussed in either house of parliament except on a substantive motion of which notice has been given by not less than one quarter of the total number of members of that house, and shall not be discussed in the legislative assembly of any state. 128. jurisdiction of federal court the federal court shall, to the exclusion of any other court, have jurisdiction to determine in accordance with any rules of court regulating the exercise of such jurisdictionany question whether a law made by parliament or by the legislature of a state is invalid on the ground that it makes provision with respect to a matter with respect to which parliament or, as the case may be, the legislature of the state has no power to make laws; and disputes on any other question between states or between the federation and any state. without prejudice to any appellate jurisdiction of the federal court, where in any proceedings before another court a question arises as to the effect of any provision of this constitution, the federal court shall have jurisdiction (subject to any rules of court regulating the exercise of that jurisdiction) to determine the question and remit the case to the other court to be disposed of in accordance with the determination. the jurisdiction of the federal court to determine appeals from the court of appeal, a high court or a judge thereof shall be such as may be provided by federal law. 129. repealed 130. advisory jurisdiction of federal court the yang di-pertuan agong may refer to the federal court for its opinion any question as to the effect of any provision of this constitution which has arisen or appears to him likely to arise, and the federal court shall pronounce in open court its opinion on any question so referred to it. 131. repealed 131a. provision for incapacity, etc. of chief justice, president or chief judge any provision made by federal law for the functions of the chief justice of the federal court or the president of the court of appeal or the chief judge of a high court to be performed, in the event of a vacancy in the office or of his inability to act, by another judge of the federal court may extend to his functions under this constitution. any provision made by federal law for the functions of the president of the court of appeal or the chief judge of a high court to be performed, in the event of a vacancy in the office or of his inability to act, by another judge of the court of appeal or the high court, as the case may be, may extend to his functions under this constitution other than functions as judge of the federal court. part x. public services 132. public services for the purposes of this constitution, the public services arethe armed forces; the judicial and legal service; the general public service of the federation; the police force; (repealed); the joint public services mentioned in article 133; the public service of each state; and the education service. except as otherwise expressly provided by this constitution, the qualifications for appointment and conditions of service of persons in the public services other than those mentioned in paragraph (g) of clause (1) may be regulated by federal law and, subject to the provisions of any such law, by the yang di-pertuan agong; and the qualifications for appointment and conditions of service of persons in the public service of any state may be regulated by state law and, subject to the provisions of any such law, by the ruler or yang di-pertua negeri of that state. except as expressly provided by this constitution, every person who is a member of any of the services mentioned in paragraphs (a), (b), (c), (d), (f) and (h) of clause (1) holds office during the pleasure of the yang di-pertuan agong, and, except as expressly provided by the constitution of the state, every person who is a member of the public service of a state holds office during the pleasure of the ruler or yang di-pertua negeri. the public service shall not be taken to comprisethe office of any member of the administration in the federation or a state; or the office of president, speaker, deputy president, deputy speaker or member of either house of parliament or of the legislative assembly of a state; or the office of judge of the federal court, the court of appeal or a high court; or the office of member of any commission or council established by this constitution or any corresponding commission or council established by the constitution of a state; or such diplomatic posts as the yang di-pertuan agong may by order prescribe, being post which but for the order would be posts in the general public service of the federation. references in this part, except in articles 136 and 147, to persons in the public service or to members of any of the public services shall not apply to(repealed); the attorney general or, if provisions for the manner of his appointment and removal from office is specifically included in the constitution of the state, or if he is appointed otherwise than from among the members of the judicial and legal service or of the public service of the state, the legal adviser of any state; or a member of the personal staff of the yang di-pertuan agong or of a ruler or yang di-pertua negeri; or in the case of malacca and penang, if provision is made by state law for their appointmentthe president of the religious affairs department; the secretary of the religious affairs department; the mufti; the kadi besar; or a kadi. 133. joint services, etc joint services, common to the federation and one or more of the states or, at the request of the states concerned, to two or more states, may be established by federal law. where a member of any of the public services is employedpartly for federal purposes and partly for state purposes; or for the purposes of two or more states, the proportion, if any, of his remuneration payable by the federation and the state or states concerned or, as the case may be, by each of the states concerned, shall, subject to federal law, be determined by agreement or, in default of agreement, by the commission whose jurisdiction extends to him. 134. secondment of officers the federation may, at the request of a state, local authority, or statutory authority or of any organisation, in or outside malaysia, second any member of its public services to the service of that state, authority or organisation, as the case may be; and a state may, at the request of the federation, another state, a local authority or a statutory authority or of any organisation, in or outside malaysia, second any member of its own public service to the service of the federation, other state, authority or organisation, as the case may be. a person seconded under this article shall remain a member of the service to which he belongs, but his remuneration shall be paid by the federation, state, authority or organisation, as the case may be, to whose service he is seconded. 135. restriction on dismissal and reduction in rank no member of any of the services mentioned in paragraphs (b) to (h) of clause (1) of article 132 shall be dismissed or reduced in rank by an authority subordinate to that which, at the time of the dismissal or reduction, has power to appoint a member of that service of equal rank: provided that in its application to members of the services mentioned in paragraph (g) of clause (1) of article 132 this clause shall not apply to any law which the legislature of any state, other than penang and malacca, may make to provide that all powers and functions of a public service commission of such state, other than the power of first appointment to the permanent or pensionable establishment, be exercised by a board appointed by the ruler of such state: and provided further that this clause shall not apply to a case where a member of any of the services mentioned in this clause is dismissed or reduced in rank by an authority in pursuance of a power delegated to it by a commission to which this part applies, and this proviso shall be deemed to have been an integral part of this clause as from merdeka day. no member of such a service as aforesaid shall be dismissed or reduced in rank without being given a reasonable opportunity of being heard: provided that this clause shall not apply to the following cases: where a member of such a service is dismissed or reduced in rank on the ground of conduct in respect of which a criminal charge has been proved against him; or where the authority empowered to dismiss or reduce in rank a member of such a service is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to carry out the requirements of this clause; or where the yang di-pertuan agong, or, in the case of a member of the public service of a state, the ruler or yang di-pertua negeri of that state, is satisfied that in the interests of the security of the federation or any part thereof it is not expedient to carry out the requirements of this clause; or where there has been made against a member of such a service any order of detention, supervision, restricted residence, banishment or deportation, or where there has been imposed on such a member any form of restriction or supervision by bond or otherwise, under any law relating to the security of the federation or any part thereof, prevention of crime, preventive detention, restricted residence, banishment, immigration, or protection of women and girls: provided further that for the purpose of this article, where the service of a member of such a service is terminated in the public interest under any law for the time being in force or under any regulation made by the yang di-pertuan agong under clause (2) of article 132, such termination of service shall not constitute dismissal whether or not the decision to terminate the service is connected with the misconduct of or unsatisfactory performance of duty by such member in relation to his office or the consequences of the termination involved an element of punishment; and this proviso shall be deemed to have been an integral part of this article as from merdeka day. no member of any of the services mentioned in paragraph (c), (f) or (g) of clause (1) of article 132 shall, without the concurrence of the judicial and legal service commission, be dismissed or reduced in rank or suffer any other disciplinary measure for anything done or omitted by him in the exercise of a judicial function conferred on him by law. 136. impartial treatment of federal employees all persons of whatever race in the same grade in the service of the federation shall, subject to the terms and conditions of their employment, be treated impartially. 137. armed forces council there shall be an armed forces council, which shall be responsible under the general authority of the yang di-pertuan agong for the command, discipline and administration of, and all other matters relating to, the armed forces, other than matters relating to their operational use. clause (1) has effect subject to the provisions of any federal law, and any such law may provide for the vesting in the armed forces council of any functions with respect to the armed forces. the armed forces council shall consist of the following members, that is to say: the minister for the time being charged with responsibility for defence, who shall be chairman; one member representing their royal highnesses, who shall be appointed by the conference of rulers; the chief of the defence forces who shall be appointed by the yang di-pertuan agong; a civilian member, being the person performing the duties of the office of secretary general for defence, who shall act as secretary to the council; two senior staff officers of the federation armed forces, appointed by the yang dipertuan agong; a senior officer of the federation navy, appointed by the yang di-pertuan agong; a senior officer of the federation air force, appointed by the yang di-pertuan agong; two, if any, additional members, whether military or civilian, appointed by the yang di-pertuan agong. the armed forces council may act notwithstanding a vacancy in its membership and may, subject to this constitution and to federal law, provide for all or any of the following matters: the organisation of its work and the manner in which its functions are to be performed, and the keeping of records and minutes; the duties and responsibilities of the several members of the council, including the delegation to any member of the council of any of its powers or duties; the consultation by the council with persons other than its members; the procedure to be followed by the council in conducting its business (including the fixing of a quorum), the appointment, at its option, of a vice-chairman from among its members, and the functions of the vice-chairman; any other matters for which the council considers it necessary or expedient to provide for the better performance of its functions. 138. judicial and legal service commission there shall be a judicial and legal service commission, whose jurisdiction shall extend to all members of the judicial and legal service. the judicial and legal service commission shall consist ofthe chairman of the public services commission, who shall be chairman; the attorney general or, if the attorney general is a member of parliament or is appointed otherwise than from among members of the judicial and legal service, the solicitor general; and one or more other members who shall be appointed by the yang di-pertuan agong, after consultation with the chief justice of the federal court, from among persons who are or have been or are qualified to be a judge of the federal court, court of appeal or a high court or shall before malaysia day have been a judge of the supreme court. the person who is secretary to the public services commission shall be secretary also to the judicial and legal service commission. 139. public services commission there shall be a public services commission, whose jurisdiction shall, subject to article 144, extend to all persons who are members of the services mentioned in paragraphs (c) and (f) of clause (1) of article 132, other than the auditor general, to members of the public services of the state of malacca and the state of penang, and, to the extent provided by clause (2), to members of the public service of any other state. the jurisdiction of the public services commission shall extend tomembers of the general public service of the federation who are employed in a federal department in the state of sabah or sarawak; members of the public service of the state of sabah or sarawak who are seconded to the general public service of the federation; and members of the public service of the state of sabah or sarawak serving in federal posts or in any posts which have become federal posts in that state and who have exercised the option to be members of the general public service of the federation. the legislature of any state other than malacca and penang may by law extend the jurisdiction of the public services commission to all or any persons in the public service of that state, but no such law shall take effect earlier than twelve months from the date of its passing; and if at any time there is not, in any such state in which no such law is in force, established and exercising its functions a state public service commission, the jurisdiction of the public services commission shall, if federal law so provides, extend to all members of the public service of that state. any extension of the jurisdiction of the public service commission made by the legislature of any state pursuant to clause (2) may be revoked or modified by a law passed by the legislature of such state. the public services commission shall consist of the following members appointed by the yang di-pertuan agong in his discretion but after considering the advice of the prime minister and after consultation with the conference of rulers, that is to say, a chairman, a deputy chairman and not less than four other members; but the number of the other members shall not, until the yang di-pertuan agong by order otherwise provides, exceed thirty. either the chairman or the deputy chairman shall be, and both may be, appointed from among persons who are, or have at any time within the period of five years immediately preceding the date of their first appointment been, members of any of the public services. a member of any of the public services appointed to be chairman or deputy chairman shall not be eligible for any further appointment in the service of the federation other than as a member of a commission to which this part applies. 140. police force commission there shall be a police force commission whose jurisdiction shall extend to all persons who are members of the police force and which, subject to the provisions of any existing law, shall be responsible for the appointment, confirmation, emplacement on the permanent or pensionable establishment, promotion, transfer and exercise of disciplinary control over members of the police force: provided that parliament may by law provide for the exercise of such disciplinary control over all or any of the members of the police force in such manner and by such authority as may be provided in that law, and in that event, if the authority is other than the commission, the disciplinary control exercisable by such authority shall not be exercised by the commission; and no provision of such law shall be invalid on the ground of inconsistency with any provision of this part. federal law may provide for the exercise of other functions by the police force commission. the police force commission shall consist of the following members, that is to say: the minister for the time being charged with responsibility for the police, who shall be chairman; the officer of police in general command of the police force; the person performing the duties of the office of secretary general to the ministry under the minister for the time being charged with responsibility for the police; a member of the public services commission appointed by the yang di-pertuan agong; not less than two nor more than six other members, appointed by the yang di-pertuan agong. the yang di-pertuan agong may designate as special posts the posts of inspector general of police, deputy inspector general of police and any other posts in the police force which in his opinion are of similar or superior status; and the appointment to any post so designated shall not be made in accordance with clause (1) but shall be made by the yang di-pertuan agong on the recommendation of the police force commission. before acting in accordance with clause (4) on the recommendation of the police force commission, the yang di-pertuan agong shall consider the advice of the prime minister, and may once refer the recommendation back to the commission in order that it may be reconsidered. the police force commission may provide for all or any of the following matters: the organisation of its work and the manner in which its functions are to be performed, and the keeping of records and minutes; the duties and responsibilities of the several members of the commission, including the delegation to any member of the commission or the police force or board of officers of such force or a committee consisting of members of the commission and of the force of its powers or duties; the consultation by the commission with persons other than its members; the procedure to be followed by the commission in conducting its business (including the fixing of a quorum), the appointment, at its option, of a vice-chairman from among its members, and the functions of the vice-chairman; any other matters for which the commission considers it necessary or expedient to provide for the better performance of its functions. in this article “transfer” does not include transfer without change of rank within the police force. 141. repealed 141a. education service commission there shall be an education service commission, whose jurisdiction shall, subject to article 144, extend to all persons who are members of the service mentioned in paragraph (h) of clause (1) of article 132. the education service commission shall consist of the following members appointed by the yang di-pertuan agong in his discretion but after considering the advice of the prime minister and after consultation with the conference of rulers, that is to say, a chairman, a deputy chairman and not less than four other members; but the number of the other members shall not, until the yang di-pertuan agong by order otherwise provides, exceed eight* [now "sixteen"-see p.u. (a) 169/2001]. a member of any of the public services appointed to be chairman or deputy chairman shall not be eligible for any further appointment in the service of the federation other than as a member of a commission to which this part applies. 142. general provisions relating to commissions subject to paragraph (a) of clause (3) of article 140, a member of either house of parliament or of the legislative assembly of a state shall not be or be appointed to be a member of a commission to which this part applies. subject to clause (3), a person shall not be appointed to be a member of any of the commissions to which this part applies if he is, and shall be removed by order of the yang di-pertuan agong if he becomesa member of any of the public services; an officer or employee of any local authority, or of any body, whether corporate or otherwise, or of any body or authority established by law for public purposes; a member of a trade union or of a body or association affiliated to a trade union. in addition to any disqualification provided under clause (2), the chairman or deputy chairman of any of the commissions to which this part applies shall be disqualified from holding such office if after three months of his appointment to such office or at any time thereafter he is or becomes a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organisation or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not he receives any remuneration, reward, profit or benefit from it: provided that such disqualification shall not apply where such organisation or body carries out any welfare or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature, and the member does not receive any remuneration, reward, profit or benefit from it. clause (2) does not apply to ex officio members; and a member of any of the public services may be appointed to be and remain chairman or deputy chairman and, if he is on leave prior to retirement, he may be appointed to be another member, of any of the said commissions. where, during any period, the chairman of any of the said commissions has been granted leave of absence by the yang di-pertuan agong or is unable, owing to his absence from the federation, illness or any other cause, to discharge his functions, the deputy chairman of that commission shall discharge the functions of the chairman during that period, and if the deputy chairman is also absent or unable to discharge such functions, a member of the commission may be appointed by the yang di-pertuan agong to discharge the functions of the chairman during that period. where, during any period, a member of any of the said commissions has been granted leave of absence by the yang di-pertuan agong or is unable, owing to his absence from the federation, illness or any other cause, to discharge his functions as a member, thenif he is an appointed member, the yang di-pertuan agong may appoint to exercise his functions during that period any person who would be qualified to be appointed in his place, and the appointment of such a person shall be made in the same manner as that of the member whose functions he is to exercise; if he is an ex officio member, any person authorised under federal law to perform the functions of his office may during that period perform also his functions as a member of the commission. a commission to which this part applies may act notwithstanding a vacancy in its membership, and no proceedings of such a commission shall be invalidated by reason only that some person not entitled thereto has taken part in them. before exercising his functions as a member of any of the said commissions or under clause (4) any person other than an ex officio member shall take and subscribe before a judge of the federal court, of the court of appeal or of a high court the oath of office and allegiance set out in the sixth schedule. 143. conditions of service of members of commissions save as provided under clause (2) of article 142, a member of a commission to which this part applies, other than an ex officio membershall be appointed for a term of five years or, if the yang di-pertuan agong, acting in his discretion but after considering the advice of the prime minister, in a particular case so determines, for such shorter term as he may so determine; may, unless disqualified, be re-appointed from time to time; and may at any time resign his office but shall not be removed from office except on the like grounds and in the like manner as a judge of the federal court. parliament shall by law provide for the remuneration of any member of the said commission other than a member for whose remuneration as holder of any other office provision is made by federal law; and the remuneration so provided shall be charged on the consolidated fund. the remuneration and other terms of office of a member of a commission to which this part applies shall not be altered to his disadvantage after his appointment. 144. functions of service commissions subject to the provisions of any existing law and to the provisions of this constitution, it shall be the duty of a commission to which this part applies to appoint, confirm, emplace on the permanent or pensionable establishment, promote, transfer and exercise disciplinary control over members of the service or services to which its jurisdiction extends. federal law may provide for the exercise of other functions by any such commission. the yang di-pertuan agong may designate as special posts and post held by the head or deputy head of a department or by an officer who in his opinion is of similar status; and the appointment to any post so designated shall not be made in accordance with clause (1) but shall be made by the yang di-pertuan agong on the recommendation of the commission whose jurisdiction extends to the service in which the post is held. the ruler or yang di-pertua negeri of a state may designate as special posts any posts in the public service of his state held by the head or deputy head of a department or by an officer who in his opinion is of similar status; and the appointment to any post so designated shall not be made in accordance with clause (1) but shall be made by the ruler or yang di-pertua negeri on the recommendation of the public services commission (or, if there is in the state a state public service commission, on the recommendation of that commission). before acting, in accordance with clause (3) or (4), on the recommendation of the commission therein mentionedthe yang di-pertuan agong shall consider the advice of the prime minister; and the ruler or yang di-pertua negeri shall consider the advice of the chief minister of his state, and may once refer the recommendation back to the commission in order that it may be reconsidered. save as provided in clause (5b), federal law and, subject to the provisions of any such law, regulations made by the yang di-pertuan agong may, notwithstanding the provisions of clause (1) of article 135, provide for the exercise by any officer in a service to which the jurisdiction of a commission to which this part applies extends, or by any board of such officers, of any of the functions of the commission under clause (1): provided thatno such law or regulation may provide for the exercise by any such officer or board of officers of any power of first appointment to the permanent or pensionable establishment, or of any power of promotion (other than promotion to an acting appointment); and any person aggrieved by the exercise by any such officer or board of officers of any power of disciplinary control may appeal to the commission within such time and in such manner as may be prescribed by any such law or regulations, and the commission may make such order thereon as it may consider just. 5b notwithstanding the provisions of clause (1) of article 135 and article 139 and article 141a, all the powers and functions of the public services commission or the education service commission established under article 139 and article 141a, other than the power of first appointment to the permanent or pensionable establishment, may be exercised by a board appointed by the yang di-pertuan agong. any person aggrieved by the exercise by the board of any of the aforesaid powers or functions may appeal to an appeal board appointed by the yang di-pertuan agong. the yang di-pertuan agong may by regulations provide for matters relating to the appointments of the members of, and the procedure to be followed by, the board or the appeal board under this clause. where the yang di-pertuan agong has appointed the board under paragraph (i) of this clause for the purpose of exercising any of the powers or functions referred to under that paragraph, such power or function shall so long as it remains a power or function to be exercised by the board, cease to be exercisable by the said commission. a commission to which this part applies may delegate to any officer in a service to which its jurisdiction extends, or to any board of such officers appointed by it, any of its functions under clause (1) in respect of any grade of service, and that officer or board shall exercise those functions under the direction and the control of the commission. in respect of members of the general public service of the federation who are employed in posts ancillary to the armed forces or any of them or to the police force, or in respect of any grade of members of that service who are so employed, functions of the public services commission may, under clause (5a) or (6), be made exercisable by an officer or board of officers of the armed forces or police force, as the case may be, as if he or they were members of the general public service of the federation. in this article “transfer” does not include transfer without change of rank within a department of government. a commission to which this part applies may, subject to the provisions of this constitution and of federal law, make rules regulating its procedure and specifying the number of its members which are to constitute a quorum. 145. attorney general the yang di-pertuan agong shall, on the advice of the prime minister, appoint a person who is qualified to be a judge of the federal court to be the attorney general for the federation. it shall be the duty of the attorney general to advise the yang di-pertuan agong or the cabinet or any minister upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the yang dipertuan agong or the cabinet, and to discharge the functions conferred on him by or under this constitution or any other written law. the attorney general shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence, other than proceedings before a syariah court, a native court or a court-martial. federal law may confer on the attorney general power to determine the courts in which or the venue at which any proceedings which he has power under clause (3) to institute shall be instituted or to which such proceedings shall be transferred. in the performance of his duties the attorney general shall have the right of audience in, and shall take precedence over any other person appearing before, any court or tribunal in the federation. subject to clause (6), the attorney general shall hold office during the pleasure of the yang di-pertuan agong and may at any time resign his office and, unless he is a member of the cabinet, shall receive such remuneration as the yang di-pertuan agong may determine. the person holding the office of attorney general immediately prior to the coming into operation of this article shall continue to hold the office on terms and conditions not less favourable than those applicable to him immediately before such coming into operation and shall not be removed from office except on the like grounds and in the like manner as a judge of the federal court. 146. reports of commissions each of the commissions to which this part applies shall make an annual report on its activities to the yang di-pertuan agong and copies of those reports shall be laid before both houses of parliament. the public services commission shall send a copy of every report made under this article to the ruler or yang di-pertua negeri of each state to members of whose public service their jurisdiction extends, and the ruler or yang di-pertua negeri shall lay it before the legislative assembly. 146a. repealed 146b. repealed 146c. repealed 146d. jurisdiction of police force commission over seconded members of state service in states of sabah and sarawak notwithstanding clause (2) of article 134, the jurisdiction of the police force commission shall extend to members of the public service of the state of sabah or sarawak who are seconded to the police force; and for purposes of the police force commission they shall be deemed to be members of the police force. (repealed). (repealed). 147. protection of pension rights the law applicable to any pension, gratuity or other like allowance (in this article referred to as an “award”) granted to a member of any of the public services, or to his widow, children, dependant or personal representatives, shall be that in force on the relevant day or any later law not less favourable to the person to whom the award is made. for the purposes of this article the relevant day isin relation to an award made before merdeka day, the date on which the award was made; in relation to an award made after merdeka day to or in respect of any person who was a member of any of the public services before merdeka day, the thirtieth day of august, nineteen hundred and fifty-seven; in relation to an award made to or in respect of any person who first became a member of any of the public services on or after merdeka day, the date on which he first became such a member. for the purposes of this article, where the law applicable to an award depends on the option of the person to whom it is made, the law for which he opts shall be taken to be more favourable to him than any other law for which he might have opted. 148. interpretation of part x references in this constitution to a commission to which this part applies are, unless the context otherwise requires, references to any of the commissions established under articles 138 to 141a. in this part “ex officio member” includes a minister and a judge of the federal court or of the court of appeal or of a high court and “state public service commission” means, in relation to any state, a commission exercising functions in respect of members of the public service of the state and corresponding in status and jurisdiction to the public services commission. part xi. special powers against subversion, organised violence, and acts and crimes prejudicial to the public and emergency powers 149. legislation against subversion, action prejudicial to public order, etc if an act of parliament recites that action has been taken or threatened by any substantial body of persons, whether inside or outside the federationto cause, or to cause a substantial number of citizens to fear, organised violence against persons or property; or to excite disaffection against the yang di-pertuan agong or any government in the federation; or to promote feelings of ill-will and hostility between different races or other classes of the population likely to cause violence; or to procure the alteration, otherwise than by lawful means, of anything by law established; or which is prejudicial to the maintenance or the functioning of any supply or service to the public or any class of the public in the federation or any part thereof; or which is prejudicial to public order in, or the security of, the federation or any part thereof, any provision of that law designed to stop or prevent that action is valid notwithstanding that it is inconsistent with any of the provisions of article 5, 9, 10 or 13, or would apart from this article be outside the legislative power of parliament; and article 79 shall not apply to a bill for such an act or any amendment to such a bill. a law containing such a recital as is mentioned in clause (1) shall, if not sooner repealed, cease to have effect if resolutions are passed by both houses of parliament annulling such law, but without prejudice to anything previously done by virtue thereof or to the power of parliament to make a new law under this article. 150. proclamation of emergency if the yang di-pertuan agong is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the federation or any part thereof is threatened, he may issue a proclamation of emergency making therein a declaration to that effect. a proclamation of emergency under clause (1) may be issued before the actual occurrence of the event which threatens the security, or the economic life, or public order in the federation or any part thereof if the yang di-pertuan agong is satisfied that there is imminent danger of the occurrence of such event. the power conferred on the yang di-pertuan agong by this article shall include the power to issue different proclamations on different grounds or in different circumstances, whether or not there is a proclamation or proclamations already issued by the yang dipertuan agong under clause (1) and such proclamation or proclamations are in operation. if at any time while a proclamation of emergency is in operation, except when both houses of parliament are sitting concurrently, the yang di-pertuan agong is satisfied that certain circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinances as circumstances appear to him to require. an ordinance promulgated under clause (2b) shall have the same force and effect as an act of parliament, and shall continue in full force and effect as if it is an act of parliament until it is revoked or annulled under clause (3) or until it lapses under clause (7); and the power of the yang di-pertuan agong to promulgate ordinances under clause (2b) may be exercised in relation to any matter with respect to which parliament has power to make laws, regardless of the legislative or other procedures required to be followed, or the proportion of the total votes required to be had, in either house of parliament. a proclamation of emergency and any ordinance promulgated under clause (2b) shall be laid before both houses of parliament and, if not sooner revoked, shall cease to have effect if resolutions are passed by both houses annulling such proclamation or ordinance, but without prejudice to anything previously done by virtue thereof or to the power of the yang di-pertuan agong to issue a new proclamation under clause (1) or promulgate any ordinance under clause (2b). while a proclamation of emergency is in force the executive authority of the federation shall, notwithstanding anything in this constitution, extend to any matter within the legislative authority of a state and to the giving of directions to the government of a state or to any officer or authority thereof. subject to clause (6a), while a proclamation of emergency is in force, parliament may, notwithstanding anything in this constitution make laws with respect to any matter, if it appears to parliament that the law is required by reason of the emergency; and article 79 shall not apply to a bill for such a law or an amendment to such a bill, nor shall any provision of this constitution or of any written law which requires any consent or concurrence to the passing of a law or any consultation with respect thereto, or which restricts the coming into force of a law after it is passed or the presentation of a bill to the yang di-pertuan agong for his assent. subject to clause (6a), no provision of any ordinance promulgated under this article, and no provision of any act of parliament which is passed while a proclamation of emergency is in force and which declares that the law appears to parliament to be required by reason of the emergency, shall be invalid on the ground of inconsistency with any provision of this constitution. clause (5) shall not extend the powers of parliament with respect to any matter of islamic law or the custom of the malays, or with respect to any matter of native law or customs in the state of sabah or sarawak; nor shall clause (6) validate any provision inconsistent with the provisions of this constitution relating to any such matter or relating to religion, citizenship, or language. at the expiration of a period of six months beginning with the date on which a proclamation of emergency ceases to be in force, any ordinance promulgated in pursuance of the proclamation and, to the extent that it could not have been validly made but for this article, any law made while the proclamation was in force, shall cease to have effect, except as to things done or omitted to be done before the expiration of that period. notwithstanding anything in this constitutionthe satisfaction of the yang di-pertuan agong mentioned in clause (1) and clause (2b) shall be final and conclusive and shall not be challenged or called in question in any court on any ground; and no court shall have jurisdiction to entertain or determine any application, question or proceeding, in whatever form, on any ground, regarding the validity ofa proclamation under clause (1) or of a declaration made in such proclamation to the effect stated in clause (1); the continued operation of such proclamation; any ordinance promulgated under clause (2b); or the continuation in force of any such ordinance. for the purpose of this article the houses of parliament shall be regarded as sitting only if the members of each house are respectively assembled together and carrying out the business of the house. 151. restrictions on preventive detention where any law or ordinance made or promulgated in pursuance of this part provides for preventive detentionthe authority on whose order any person is detained under that law or ordinance shall, as soon as may be, inform him of the grounds for his detention and, subject to clause (3), the allegations of fact on which the order is based, and shall give him the opportunity of making representations against the order as soon as may be; no citizen shall continue to be detained under that law or ordinance unless an advisory board constituted as mentioned in clause (2) has considered any representations made by him under paragraph (a) and made recommendations thereon to the yang di-pertuan agong within three months of receiving such representations, or within such longer period as the yang di-pertuan agong may allow. an advisory board constituted for the purposes of this article shall consist of a chairman, who shall be appointed by the yang di-pertuan agong and who shall be or have been, or be qualified to be, a judge of the federal court, the court of appeal or a high court, or shall before malaysia day have been a judge of the supreme court, and two other members who shall be appointed by the yang di-pertuan agong. this article does not require any authority to disclose facts whose disclosure would in its opinion be against the national interest. part xii. general and miscellaneous 152. national language the national language shall be the malay language and shall be in such script as parliament may by law provide: provided thatno person shall be prohibited or prevented from using (otherwise than for official purposes), or from teaching or learning, any other language; and nothing in this clause shall prejudice the right of the federal government or of any state government to preserve and sustain the use and study of the language of any other community in the federation. notwithstanding the provisions of clause (1), for a period of ten years after merdeka day, and thereafter until parliament otherwise provides, the english language may be used in both houses of parliament, in the legislative assembly of every state, and for all other official purposes. notwithstanding the provisions of clause (1), for a period of ten years after merdeka day, and thereafter until parliament otherwise provides, the authoritative textsof all bills to be introduced or amendments thereto to be moved in either house of parliament; and of all acts of parliament and all subsidiary legislation issued by the federal government, shall be in the english language. notwithstanding the provisions of clause (1), for a period of ten years after merdeka day, and thereafter until parliament otherwise provides, all proceedings in the federal court, the court of appeal or a high court shall be in the english language: provided that, if the court and counsel on both sides agree, evidence taken in language spoken by the witness need not be translated into or recorded in english. notwithstanding the provisions of clause (1), until parliament otherwise provides, all proceedings in subordinate courts, other than the taking of evidence, shall be in the english language. in this article, “official purpose” means any purpose of the government, whether federal or state, and includes any purpose of a public authority. 153. reservation of quotas in respect of services, permits, etc., for malays and natives of any of the states of sabah and sarawak it shall be the responsibility of the yang di-pertuan agong to safeguard the special position of the malays and natives of any of the states of sabah and sarawak and the legitimate interests of other communities in accordance with the provisions of this article. notwithstanding anything in this constitution, but subject to the provisions of article 40 and of this article, the yang di-pertuan agong shall exercise his functions under this constitution and federal law in such manner as may be necessary to safeguard the special position of the malays and natives of any of the states of sabah and sarawak and to ensure the reservation for malays and natives of any of the states of sabah and sarawak of such proportion as he may deem reasonable of positions in the public service (other than the public service of a state) and of scholarships, exhibitions and other similar educational or training privileges or special facilities given or accorded by the federal government and, when any permit or licence for the operation of any trade or business is required by federal law, then, subject to the provisions of that law and this article, of such permits and licences. the yang di-pertuan agong may, in order to ensure in accordance with clause (2) the reservation to malays and natives of any of the states of sabah and sarawak of positions in the public service and of scholarships, exhibitions and other educational or training privileges or special facilities, give such general directions as may be required for that purpose to any commission to which part x applies or to any authority charged with responsibility for the grant of such scholarships, exhibitions or other educational or training privileges or special facilities; and the commission or authority shall duly comply with the directions. in exercising his functions under this constitution and federal law in accordance with clauses (1) to (3) the yang di-pertuan agong shall not deprive any person of any public office held by him or of the continuance of any scholarship, exhibition or other educational or training privileges or special facilities enjoyed by him. this article does not derogate from the provisions of article 136. where by existing federal law a permit or licence is required for the operation of any trade or business the yang di-pertuan agong may exercise his functions under that law in such manner, or give such general directions to any authority charged under that law with the grant of such permits or licences, as may be required to ensure the reservation of such proportion of such permits or licences for malays and natives of any of the states of sabah and sarawak as the yang di-pertuan agong may deem reasonable; and the authority shall duly comply with the directions. nothing in this article shall operate to deprive or authorise the deprivation of any person of any right, privilege, permit or licence accrued to or enjoyed or held by him or to authorise a refusal to renew to any person any such permit or licence or a refusal to grant to the heirs, successors or assigns of a person any permit or licence when the renewal or grant might reasonably be expected in the ordinary course of events. notwithstanding anything in this constitution, where by any federal law any permit or licence is required for the operation of any trade or business, that law may provide for the reservation of a proportion of such permits or licences for malays and natives of any of the states of sabah and sarawak; but no such law shall for the purpose of ensuring such a reservationdeprive or authorise the deprivation of any person of any right, privilege, permit or licence accrued to or enjoyed or held by him; or authorise a refusal to renew to any person any such permit or licence or a refusal to grant to the heirs, successors or assigns of any person any permit or licence when the renewal or grant might in accordance with the other provisions of the law reasonably be expected in the ordinary course of events, or prevent any person from transferring together with his business any transferable licence to operate that business; or where no permit or licence was previously required for the operation of the trade or business, authorise a refusal to grant a permit or licence to any person for the operation of any trade or business which immediately before the coming into force of the law he had been bona fide carrying on, or authorise a refusal subsequently to renew to any such person any permit or licence, or a refusal to grant to the heirs, successors or assigns of any such person any such permit or licence when the renewal or grant might in accordance with the other provisions of that law reasonably be expected in the ordinary course of events. notwithstanding anything in this constitution, where in any university, college and other educational institution providing education after malaysian certificate of education or its equivalent, the number of places offered by the authority responsible for the management of the university, college or such educational institution to candidates for any course of study is less than the number of candidates qualified for such places, it shall be lawful for the yang di-pertuan agong by virtue of this article to give such directions to the authority as may be required to ensure the reservation of such proportion of such places for malays and natives of any of the states of sabah and sarawak as the yang di-pertuan agong may deem reasonable; and the authority shall duly comply with the directions. nothing in this article shall empower parliament to restrict business or trade solely for the purpose of reservations for malays and natives of any of the states of sabah and sarawak. in this article the expression “natives” in relation to the state of sabah or sarawak shall have the meaning assigned to it in article 161a. the constitution of the state of any ruler may make provision corresponding (with the necessary modifications) to the provisions of this article. 154. federal capital until parliament otherwise determines, the municipality of kuala lumpur shall be the federal capital. notwithstanding anything in part vi, parliament shall have exclusive power to make laws with respect to the boundaries of the federal capital. (repealed). 155. commonwealth reciprocity where the law in force in any other part of the commonwealth confers upon citizens of the federation any right or privilege it shall be lawful, notwithstanding anything in this constitution, for parliament to confer a similar right or privilege upon citizens of that part of the commonwealth who are not citizen of the federation. the reference in clause (1) to citizens of a part of the commonwealth shall be construed, in relation to the united kingdom or to any other part of the commonwealth not being a commonwealth country or a territory administered by the government of a commonwealth country other than the united kingdom, as a reference to citizens of the united kingdom and colonies. this article applies in relation to the republic of ireland as it applies in relation to a commonwealth country. 156. contributions in aid of rates in respect of federal and state property where lands, buildings or hereditaments are occupied for public purposes by or on behalf of the federation, a state or a public authority, the federation, state or public authority shall not be liable to pay local rates in respect thereof but shall in aid of those rates make such contributions in respect thereof as may be agreed between the federation, state or public authority, as the case may be, and the authority levying the rates or as may in default of agreement be determined by a tribunal consisting of the chairman of the lands tribunal established under article 87, who shall preside, and two other members of whom each of the parties concerned shall appoint one. 157. delegation of state functions to another state subject to any provisions of state law, arrangements may be made between any two states for the performance of any functions by the authorities of the one on behalf of the authorities of the other, and such arrangements may provide for the making of payments in respect of any costs incurred under the arrangements. 158. repealed 159. amendment of the constitution subject to the following provisions of this article and to article 161e the provisions of this constitution may be amended by federal law. (repealed). a bill for making any amendment to the constitution (other than an amendment except from the provisions of this clause) and a bill for making any amendment to a law passed under clause (4) of article 10 shall not be passed in either house of parliament unless it has been supported on second and third readings by the votes of not less than two-thirds of the total number of members of that house. the following amendments are excepted from the provisions of clause (3), that is to say: any amendment to part iii of the second or to the sixth or seventh schedule; any amendment incidental to or consequential on the exercise of any power to make law conferred on parliament by any provision of this constitution other than articles 74 and 76; subject to article 161e any amendment made for or in connection with the admission of any state to the federation or its association with the states thereof, or any modification made as to the application of this constitution to a state previously so admitted or associated; any amendment consequential on an amendment made under paragraph (a). a law making an amendment to clause (4) of article 10, any law passed thereunder, the provisions of part iii, articles 38, 63 (4), 70, 71 (1), 72 (4), 152, or 153 or to this clause shall not be passed without the consent of the conference of rulers. in this article “amendment” includes addition and repeal; and in this article and in article 2 (a) “state” includes any territory. 159a. operation of transitional provisions of malaysia act the provisions of part iv of the malaysia act (which contains temporary and transitional provisions in connection with the operation of that act) shall have effect as if embodied in this constitution, and shall have effect notwithstanding anything in this constitution as amended by that act; and the provisions of this constitution, and in particular clause (1) of article 4 and articles 159 and 161e shall have effect in relation thereto accordingly. 160. interpretation the interpretation and general clauses ordinance, 1948 [m.u. 7 of 48], as in force immediately before merdeka day shall, to the extent specified in the eleventh schedule, apply for the interpretation of this constitution as it applies for the interpretation of any written law within the meaning of that ordinance, but with the substitution of references to the yang di-pertuan agong for references to the high commissioner. in this constitution, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say: “aborigine” means an aborigine of the malay peninsula; “act of parliament” means a law made by parliament; “attorney general” means the attorney general of the federation; “borrow” includes the raising of money by the grant of annuities or by entering into any arrangement requiring the payment before the due date of any taxes, rates, royalties, fees or any other payments or by entering into any agreement whereby the government has to repay or refund any benefits that it has enjoyed under that agreement, and “loan” shall be construed accordingly; “casual vacancy” means a vacancy arising in the house of representatives or a legislative assembly otherwise than by a dissolution of parliament or of the assembly; “chief minister” and “menteri besar” both mean the president, by whatever style known, of the executive council in a state; “citizen” means a citizen of the federation; “civil list” means the provision made for the maintenance of the yang di-pertuan agong, his consort, a ruler or yang di-pertua negeri out of public funds; “commonwealth country” means any country recognised by the yang di-pertuan agong to be a commonwealth country; and “part of the commonwealth” means any commonwealth country, any colony, protectorate or protected state or any other territory administered by the government of any commonwealth country; “concurrent list” means the third list set out in the ninth schedule; “debt” includes any liability in respect of any obligation to repay capital sums by way of annuities and any liability under any guarantee, and “debt charges” shall be construed accordingly; “elector” means a person who is entitled to vote in an election to the house of representatives or the legislative assembly of a state; “enactment”, where the expression occurs in the eighth schedule, means a law made by the legislature of a state; “executive council” means the cabinet or other body, however called, which in the government of a state corresponds, whether or not the members of it are ministers, to the cabinet of ministers in the government of the federation (and in particular includes the supreme council in sarawak); “existing law” means any law in operation in the federation or any part thereof immediately before merdeka day; “federal law” meansany existing law relating to a matter with respect to which parliament has power to make laws, being a law continued in operation under part xiii; and any act of parliament; “federal list” means the first list set out in the ninth schedule; “federal purposes” includes the purposes of the federation in connection with matters enumerated in the concurrent list and with any other matters with respect to which parliament has power to make laws otherwise than by virtue of article 76; “foreign country” does not include any part of the commonwealth or the republic of ireland; “governor” (repealed); “law” includes written law, the common law in so far as it is in operation in the federation or any part thereof, and any custom or usage having the force of law in the federation or any part thereof; “legislative assembly” means the representatives assembly, however called, in the legislature of a state (and in particular includes the council negri in sarawak), but except in the eighth schedule includes also a legislative council, however called; “legislative council” (repealed); “legislature”, in relation to a state, means the authority having power under the constitution of that state to make laws for the state; “local rates” (repealed); “malay” means a person who professes the religion of islam, habitually speaks the malay language, conforms to malay custom andwas before merdeka day born in the federation or in singapore or born of parents one of whom was born in the federation or in singapore, or is on that day domiciled in the federation or in singapore; or is the issue of such a person; “member of the administration” means, in relation to the federation, a person holding office as minister, deputy minister, parliamentary secretary or political secretary and, in relation to a state, a person holding a corresponding office in the state or holding office as members (other than an official member) of the executive council; “merdeka day” means the thirty-first day of august, nineteen hundred and fifty-seven; “office of profit” means any whole time office in any of the public services, and includesthe office of any judge of the federal court, of the court of appeal or of a high court; and the office of auditor general; and the office of a member of the election commission, of a member (other than an ex officio member) of a commission to which part x applies, or of a member of any corresponding commission established by the constitution of a state; and any other office not specified in clause (3) of article 132 which may be declared by act of parliament to be an office of profit; “pension rights” includes superannuation rights and provident fund rights; “public authority” means the yang di-pertuan agong, the ruler or yang di-pertua negeri of a state, the federal government, the government of a state, a local authority, a statutory authority exercising powers vested in it by federal or state law, any court or tribunal other than the federal court, the court of appeal and high courts, or any officer or authority appointed by or acting on behalf of any of those persons, courts, tribunals or authorities; “remuneration” includes salary or wages, allowances, pension rights, free or subsidised housing, free or subsidised transport, and other privileges capable of being valued in money; “rule committee” (repealed); “ruler”in relation to negeri sembilan, means the yang di-pertuan besar acting on behalf of himself and the ruling chiefs in accordance with the constitution of that state; and in the case of any state, includes except in clause (2) of article 181 and the third and fifth schedules, any person who in accordance with the constitution of that state exercises the functions of the ruler; “state” means a state of the federation; “state law” meansany existing law relating to a matter with respect to which the legislature of a state has power to make law, being a law continued in operation under part xiii; and a law made by the legislature of a state; “state list” means the second list set out in the ninth schedule; “state purposes” includes, in relation to any state, the purposes of the state in connection with matters enumerated in the concurrent list and with any other matters with respect to which the legislature of the state has power to make laws; “tax” includes an impost or a duty but does not include a rate levied for local purposes or a fee for services rendered; “the federation” means the federation established under the federation of malaya agreement, 1957; “written law” includes this constitution and the constitution of any state; “yang di-pertua negeri” means the head of state in a state not having a ruler. unless the context otherwise requires, any reference in this constitution to a specified part, article or schedule is a reference to that part or article of, or that schedule to, this constitution, any reference to a specified chapter, clause, section or paragraph is a reference to that chapter of the part, that clause of the article, that section of the schedule, or that paragraph of the clause or section, in which the reference occurs; and any reference to a group of articles, sections or divisions of articles or sections shall be construed as including both the first and the last member of the group referred to. where under this constitution a person is required to take and subscribe an oath he shall be permitted, if he so desires, to comply with that requirement by making and subscribing an affirmation. references in this constitution to the federation and its states and to the territories of the federation or any of its states, and to any officer holding office under the federation or any authority or body in or for the federation shall be construedin relation to any time after the coming into operation of the federation of malaya agreement, 1948, and before merdeka day, as references to the federation established under that agreement, and the states and settlements comprising it and to the territories of that federation or any of the states and settlements comprising it, and to the corresponding officer holding office thereunder or the corresponding authority or body in or for that federation; in relation to any time before the coming into operation of the said agreement (so far as the context admits) as references to such of the countries, territories, offices, authorities or bodies for the construction of references to which provision was made by clause 135 (2) of the said agreement, as may be appropriate. references in this constitution to any period shall be construed, so far as the context admits, as including references to a period beginning before merdeka day. references in this constitution to the federation of malaya agreement, 1948, shall be construed, except where the context otherwise requires, as references to that agreement as in force immediately before merdeka day. 160a. reprint of the constitution the authority appointed under federal law for the purpose of revising laws may, with consent of the yang di-pertuan agong, authorize the printing of copies of this constitution, including all amendments in force at the date of such authorization; and any copy of this constitution so printed shall be deemed for all purposes to be a true and correct copy of the federal constitution. 160b. authoritative text where this constitution has been translated into the national language, the yang di-pertuan agong may prescribe such national language text to be authoritative, and thereafter if there is any conflict or discrepancy between such national language text and the english language text of this constitution, the national language text shall prevail over the english language text. part xiia. additional protections for states of sabah and sarawak 161. use of english and of native languages in states of sabah and sarawak no act of parliament terminating or restricting the use of the english language for any of the purposes mentioned in clauses (2) to (5) of article 152 shall come into operation as regards the use of the english language in any case mentioned in clause (2) of this article until ten years after malaysia day. clause (1) appliesto the use of the english language in either house of parliament by a member for or from the state of sabah or sarawak; and to the use of the english language for proceedings in the high court in sabah and sarawak or in a subordinate court in the state of sabah or sarawak, or for such proceedings in the federal court or the court of appeal as are mentioned in clause (4); and to the use of the english language in the state of sabah or sarawak in the legislative assembly or for other official purposes (including the official purposes of the federal government). without prejudice to clause (1), no such act of parliament as is there mentioned shall come into operation as regards the use of the english language for proceedings in the high court in sabah and sarawak or for such proceedings in the federal court or the court of appeal as are mentioned in clause (4), until the act or the relevant provision of it has been approved by enactments of the legislatures of the states of sabah and sarawak; and no such act shall come into operation as regards the use of the english language in the state of sabah or sarawak in any other case mentioned in paragraph (b) or (c) of clause (2), until the act or the relevant provision of it has been approved by an enactment of the legislature of that state. the proceedings in the federal court or the court of appeal referred to in clauses (2) and (3) are any proceedings on appeal from the high court in sabah and sarawak or a judge thereof, and any proceedings under clause (2) of article 128 for the determination of a question which has arisen in proceedings before the high court in sabah and sarawak or a subordinate court in the state of sabah or sarawak. notwithstanding anything in article 152, in the state of sabah or sarawak a native language in current use in the state may be used in native courts or for any code of native law and custom, and in the case of sarawak, until otherwise provided by enactment of the legislature, may be used by a member addressing the legislative assembly or any committee thereof. 161a. special position of natives of states of sabah and sarawak (repealed). (repealed). (repealed). the constitutions of the states of sabah and sarawak may make provision corresponding (with the necessary modifications) to article 153. article 89 shall not apply to the state of sabah or sarawak, and article 8 shall not invalidate or prohibit any position of state law in the state of sabah or sarawak for the reservation of land for natives of the state or for alienation to them, or for giving them preferential treatment as regards the alienation of land by the state. in this article “native” meansin relation to sarawak, a person who is a citizen and either belongs to one of the races specified in clause (7) as indigenous to the state or is of mixed blood deriving exclusively from those races; and in relation to sabah, a person who is a citizen, is the child or grandchild of a person of a race indigenous to sabah, and was born (whether on or after malaysia day or not) either in sabah or to a father domiciled in sabah at the time of the birth. the races to be treated for the purposes of the definition of “native” in clause (6) as indigenous to sarawak are the bukitans, bisayahs, dusuns, sea dayaks, land dayaks, kadayans, kalabits, kayans, kenyahs (including sabups and sipengs), kajangs (including sekapans, kejamans, lahanans, punans, tanjongs and kanowits), lugats, lisums, malays, melanos, muruts, penans, sians, tagals, tabuns and ukits. 161b. restriction on extension to non-residents of right to practise before courts in states of sabah and sarawak in so far as any provision made by or under an act of parliament, by removing or altering a residence qualification, confers a right to practise before a court in the states of sabah and sarawak or either of them on persons not previously having the right, that provisions shall not come into operation until adopted in the states or state in question by an enactment of the legislature. this article shall apply to the right to practise before the federal court or the court of appeal when sitting in the states of sabah and sarawak and entertaining proceedings on appeal from the high court in sabah and sarawak or a judge thereof or proceedings under clause (2) of article 128 for the determination of a question which has arisen in proceedings before the high court in sabah and sarawak or a subordinate court in the state of sabah or sarawak. 161c. repealed 161d. repealed 161e. safeguards for constitutional position of states of sabah and sarawak as from the passing of the malaysia act no amendment to the constitution made in connection with the admission to the federation of the state of sabah or sarawak shall be excepted from clause (3) of article 159 by clause (4) (bb) of that article; nor shall any modification made as to the application of the constitution to the state of sabah or sarawak be so excepted unless the modification is such to equate or assimilate the position of that state under the constitution to the position of the states of malaya. no amendment shall be made to the constitution without the concurrence of the yang di-pertua negeri of the state of sabah or sarawak or each of the states of sabah and sarawak concerned, if the amendment is such as to affect the operation of the constitution as regards any of the following matters: the right of persons born before malaysia day to citizenship by reason of a connection with the state, and (except to the extent that different provision is made by the constitution as in force on malaysia day) the equal treatment, as regards their own citizenship and that of others, of persons born or resident in the state and of persons born or resident in the states of malaya; the constitution and jurisdiction of the high court in sabah and sarawak and the appointment, removal and suspension of judges of that court; the matters with respect to which the legislature of the state may (or parliament may not) make laws, and the executive authority of the state in those matters, and (so far as related thereto) the financial arrangements between the federation and the state; religion in the state, the use in the state or in parliament of any language and the special treatment of natives of the state; the allocation to the state, in any parliament summoned to meet before the end of august 1970, of a quota of members of the house of representatives not less, in proportion to the total allocated to the other states which are members of the federation on malaysia day, than the quota allocated to the state on that day. no amendment to the constitution which affects its operation as regards the quota of members of the house of representatives allocated to the state of sabah or sarawak shall be treated for purposes of clause (1) as equating or assimilating the position of that state to the position of the states of malaya. in relation to any rights and powers conferred by federal law on the government of the state of sabah or sarawak as regards entry into the state and residence in the state and matters connected therewith (whether or not the law is passed before malaysia day) clause (2) shall apply, except in so far as the law provides to the contrary, as if the law had been embodied in the constitution and those rights and powers had been included among the matters mentioned in paragraphs (a) to (e) of that clause. in this article “amendment” includes addition and repeal. 161f. repealed 161g. repealed 161h. repealed part xiii. temporary and transitional provisions 162. existing laws subject to the following provisions of this article and article 163* [note this article has been repealed], the existing laws shall, until repealed by the authority having power to do so under this constitution, continue in force on and after merdeka day, with such modifications as may be made therein under this article and subject to any amendments made by federal or state law. where any state law amends or repeals an existing law made by the legislature of a state, nothing in article 75 shall invalidate the amendment or repeal by reason only that the existing law, relating to a matter with regard to which parliament as well as the legislature of a state has power to make laws, is federal law as defined by article 160. references in any existing law to the federation established by the federation of malaya agreement, 1948, and its territories, and to any officer holding office under that federation or to any authority or body constituted in or for that federation (including any references falling to be construed as such references by virtue of clause 135 of the said agreement) shall be construed, in relation to any time on and after merdeka day, as references to the federation (that is to say, the federation established under the federation of malaya agreement, 1957) and its territories and to the corresponding officer, authority or body respectively; and the yang di-pertuan agong may by order declare what officer, authority or body is to be taken for the purposes of this clause to correspond to any officer, authority or body referred to in any existing law. (repealed). any order made under clause (4) may be amended or repealed by the authority having power to make laws with respect to the matter to which the order relates. any court or tribunal applying the provision of any existing law has not been modified on or after merdeka day under this article or otherwise may apply it with such modifications as may be necessary to bring it into accord with the provisions of this constitution. in this article “modification” includes amendment, adaptation and repeal. 163. repealed 164. repealed 165. repealed 166. succession to property (repealed). (repealed). any land vested in the state of malacca or the state of penang which immediately before merdeka day was occupied or used by the federation government or her majesty’s government or by any public authority for purposes which in accordance with the provisions of this constitution become federal purposes shall on and after that day be occupied, used, controlled and managed by the federal government or, as the case may be, the said public authority, so long as it is required for federal purposes, andshall not be disposed of or used for any purposes other than federal purposes without the consent of the federal government; and shall not be used for federal purposes different from the purposes for which it was used immediately before merdeka day without the consent of the government of the state. (repealed). (repealed). (repealed). (repealed). any property which was, immediately before merdeka day, liable to escheat to her majesty in respect of the government of malacca or the government of penang shall on that day be liable to escheat to the state of malacca or the state of penang, as the case may be. 167. rights, liabilities and obligations (repealed). (repealed). (repealed). (repealed). (repealed). the attorney general shall, on the application of any party interested in any legal proceedings, other than proceedings between the federation and a state, certify whether any right, liability or obligation is by virtue of this article a right, liability or obligation of the federation or of a state named in the certificate, and any such certificate shall for the purposes of those proceedings be final and binding on all courts, but shall not operate to prejudice the rights and obligations of the federation and any state as between themselves. the federation shall make the like annual payments as fell to be made before merdeka day under article ii of the treaty made on the sixth day of may, eighteen hundred and sixty-nine, between her majesty of the one part and the king of siam of the other part relative to the state of kedah. 168. repealed 169. international agreements, etc., made before merdeka day for the purposes of clause (1) of article 76any treaty, agreement or convention entered into before merdeka day between her majesty or her predecessors or the government of the united kingdom on behalf of the federation or any part thereof and another country shall be deemed to be a treaty, agreement or convention between the federation and that other country; any decision taken by an international organisation and accepted before merdeka day by the government of the united kingdom on behalf of the federation or any part thereof shall be deemed to be a decision of an international organisation of which the federation is a member; in relation to the states of sabah and sarawak paragraphs (a) and (b) shall apply with the substitution of references to malaysia day for the references to merdeka day and of references to the territories comprised in those states or any of them for the references to the federation or any part thereof. 170. repealed 171. repealed 172. repealed 173. repealed 174. repealed 175. director of audit to be first auditor general the person holding office as director of audit immediately before merdeka day shall, as from that day, hold office as auditor general on terms and conditions not less favourable than those applicable to him immediately before merdeka day. 176. transfer of officers subject to the provisions of this constitution and any existing law, all persons serving in connection with the affairs of the federation immediately before merdeka day shall continue to have the same powers and to exercise the same functions on merdeka day on the same terms and conditions as were applicable to them immediately before that day. this article does not apply to the high commissioner or the chief secretary. 177. waiver or postponement of oath of office where appointment continues under this part a person who, under any provisions of this part, holds office under the federation by virtue of having been the holder of a corresponding office immediately before merdeka day may, until parliament otherwise provides, perform his functions without taking the oath required in the case of other holders of that office. 178. remuneration after merdeka day until parliament otherwise provides, the remuneration payable to the persons holding the offices of prime minister and other ministers shall be the same as was payable, immediately before merdeka day, to the chief minister and other ministers of the federation respectively. 179. contributions in respect of joint services any agreement in force immediately before merdeka day relating to the proportion of the remuneration payable by the federation and any state in respect of any such employment as is mentioned in clause (2) of article 133 shall continue in force until superseded by a new agreement or federal law. 180. preservation of pensions, etc the tenth schedule to the federation of malaya agreement, 1948, shall continue in force on and after merdeka day, but with the modification that any reference therein to the high commissioner shall be construed as a reference to the yang di-pertuan agong. the said schedule shall for the purposes of this constitution be deemed to be federal law and may, subject to the provisions of article 147, be amended and repealed accordingly. in its application to any law made under clause (2) of article 147 shall have effect as if references therein to an award included compensation. part xiv. saving for rulers’ sovereignty, etc 181. saving for rulers’ sovereignty, etc subject to the provisions of this constitution, the sovereignty, prerogatives, powers and jurisdiction of the rulers and the prerogatives, powers and jurisdiction of the ruling chiefs of negeri sembilan within their respective territories as hitherto had and enjoyed shall remain unaffected. no proceedings whatsoever shall be brought in any court against the ruler of a state in his personal capacity except in the special court established under part xv part xv. proceedings against the yang di-pertuan agong and the rulers 182. the special court there shall be a court which shall be known as the special court and shall consist of the chief justice of the federal court, who shall be the chairman, the chief judges of the high courts, and two other persons who hold or have held office as judge of the federal court or a high court appointed by the conference of rulers. any proceedings by or against the yang di-pertuan agong or the ruler of a state in his personal capacity shall be brought in a special court established under clause (1). the special court shall have exclusive jurisdiction to try all offences committed in the federation by the yang di-pertuan agong or the ruler of a state and all civil cases by or against the yang di-pertuan agong or the ruler of a state notwithstanding where the cause of action arose. the special court shall have the same jurisdiction and powers as are vested in the inferior courts, the high court and the federal court by this constitution or any federal law and shall have its registry in kuala lumpur. until parliament by law makes special provision to the contrary in respect of procedure (including the hearing of proceedings in camera) in civil or criminal cases and the law regulating evidence and proof in civil and criminal proceedings, the practice and procedure applicable in any proceedings in any inferior court, any high court and the federal court shall apply in any proceedings in the special court. the proceedings in the special court shall be decided in accordance with the opinion of the majority of the members and its decision shall be final and conclusive and shall not be challenged or called in question in any court on any ground. the yang di-pertuan agong may, on the advice of the chief justice, make such rules as he may deem necessary or expedient to provide for the removal of any difficulty or anomaly whatsoever in any written law or in the carrying out of any function, the exercise of any power, the discharge of any duty, or the doing of any act, under any written law, that may be occasioned by this article; and for that purpose such rules may make any modification, adaptation, alteration, change or amendment whatsoever to any written law. 183. no action to be instituted against the yang di-pertuan agong or a ruler except with the consent of the attorney general personally no action, civil or criminal, shall be instituted against the yang di-pertuan agong or the ruler of a state in respect of anything done or omitted to be done by him in his personal capacity except with the consent of the attorney general personally. first schedule. oath of applicants for registration or naturalisation [article 18(1), 19(9)] i ..... of ..... hereby declare on oath that i absolutely and entirely renounce and abjure all loyalty to any country or state outside the federation, and i do swear that i will be faithful and bear true allegiance to his majesty the yang di-pertuan agong and be a true, loyal and faithful citizen of the federation. second schedule. [article 39] part 1. citizenship by operation of law of persons born before malaysia day [article 14 (1)(a)] 1 subject to the provisions of part iii of this constitution and anything done thereunder before malaysia day, the following persons born before malaysia day are citizens by operation of law, that is to say: every person who immediately before merdeka day, was a citizen of the federation by virtue of any of the provisions of the federation of malaya agreement, 1948, whether by operation of law or otherwise; every person born within the federation on or after merdeka day and before october, 1962; every person born within the federation after september, 1962, of whose parents one at least was at the time of the birth either a citizen or permanently resident in the federation, or who was not born a citizen of any other country; every person born outside the federation on or after merdeka day whose father was a citizen at the time of his birth and either was born in the federation or was at the time of the birth in service under the government of the federation or of a state; every person born outside the federation on or after merdeka day whose father was a citizen at the time of the birth if the birth was, or is within one year of its occurrence or within such longer period as in any particular case was or is allowed by the federation or, if it occurred in singapore, sarawak, brunei or north borneo, registered with the federal government. a person is not a citizen by virtue of paragraph (b) or (c) of subsection (1) if, at the time of his birth, his father, not being a citizen, possessed such immunity from suit and legal process as is accorded to an envoy of a sovereign power accredited to the yang di-pertuan agong. subject to the provisions of part iii of this constitution, a person ordinarily resident in the state of sabah or sarawak or in brunei on malaysia day is a citizen by operation of law if he was immediately before that day a citizen of the united kingdom and colonies, and eitherwas born in the territories comprised in the states of sabah or sarawak; or became such a citizen by registration in those territories or by or in consequence of naturalisation there. part 2. citizenship by operation of law of persons born on or after malaysia day [article 14(1)(b)] subject to the provisions of part iii of this constitution, the following persons born on or after malaysia day are citizens by operation of law, that is to say: every person born within the federation of whose parents one at least is at time of the birth either a citizen or permanently resident in the federation; and every person born outside the federation whose father is at the time of the birth a citizen and either was born in the federation or is at the time of the birth in the service of the federation or of a state; and every person born outside the federation whose father is at the time of the birth a citizen and whose birth is, within one year of its occurrence or within such longer period as the federal government may in any particular case allow, registered at a consulate of the federation or, if it occurs in brunei or in a territory prescribed for this purpose by order of the yang di-pertuan agong, registered with the federal government; and every person born in singapore of whose parents one at least is at the time of the birth a citizen and who is not born a citizen otherwise than by virtue of this paragraph; and every person born within the federation who is not born a citizen of any country otherwise than by virtue of this paragraph. 2 a person is not a citizen by virtue of paragraph (a), (d) or (e) of section 1 if, at the time of his birth, his father, not being a citizen, possesses such immunity from suit and legal process as is accorded to an envoy of a sovereign power accredited to the yang dipertuan agong, or if his father is then an enemy alien and the birth occurs in a place under the occupation of the enemy. in section 1 the reference in paragraph (b) to a person having been born in the federation includes his having been born before malaysia day in the territories comprised in the states of sabah and sarawak. for the purposes of paragraph (e) of section 1 a person is to be treated as having at birth any citizenship which he acquires within one year afterwards by virtue of any provisions corresponding to paragraph (c) of that section or otherwise. part 3. supplementary provisions relating to citizenship [article 31] the minister the functions of the federal government under part iii of this constitution shall be exercised by such minister of that government as the yang di-pertuan agong may from time to time direct, and references in this schedule to the minister shall be construed accordingly. a decision of the federal government under part iii of this constitution shall not be subject to appeal or review in any court. (repealed). 4 the minister may delegate to any officer of the federal government or, with the consent of the ruler or yang di-pertua negeri of any state, to any officer of the government of that state, any of his functions under part iii of this constitution or this schedule relating to citizenship by registration and the keeping of registers, and, in relation to orders under paragraph (c) of clause (1) of article 25 or under article 26, any of his functions under article 27 prior to determining whether to make such an order; but any person aggrieved by the decision of a person to whom the functions of the minister are so delegated may appeal to the minister. the minister may also, with the consent of the yang di-pertuan negeri of the state, delegate to an authority of the state of sabah or sarawak (subject or not to conditions providing for an appeal from that authority to the minister) any of the minister’s functions under clause (6) of article 28a which are not required to be delegated by clause (7) of that article. subsection (1) shall apply to enrolments under clause (2) of article 19a* [note this article has been repealed] as it applies to citizenship by registration, and to the cancellation under clause (4) of article 19a* [note this article has been repealed] of an enrolment under that article as it applies to an order under article 26. (repealed). functions of minister subject to federal law, the minister may make rules and prescribe forms for the purpose of the exercise of his functions under part iii of this constitution. any power of the federal government to extend, for purposes of part iii of this constitution, the period for registering a birth occurring outside the federation may be exercised either before or after the registration has been affected. (repealed). any notice to be given by the minister to any person under article 27 may be sent to that person at his last known address, or, in the case of a person under the age of twenty-one years (not being a married woman), to his parent or guardian at the last known address of the parent or guardian; and if an address at which notice may be sent to any person under this section is not known and cannot after reasonable inquiry be ascertained, the notice may be given by publication in the gazette. 10 it shall be the duty of the minister to compile and maintaina register of citizens by registration; a register of citizens by naturalisation; a register of persons to whom certificates have been issued under clause (1) of article 30; a register of persons who have renounced or been deprived of citizenship under any provision of part iii of this constitution; (repealed). an alphabetical index of all persons referred to in paragraphs (a) to (d). references in this section to citizens by registration or by naturalisation shall be construed in accordance with article 28 as if this section were included among the provisions to which that article applies. if the minister has reason to believe that an error appears in any register compiled under section 10, he shall, after giving notice to the person concerned and after considering such representations from him as he may choose to make, make such alteration on the register as appears to the minister to be necessary to correct the error. subject to section 11, the said register shall be conclusive evidence of the matters therein contained. (repealed). (repealed). (repealed). offences 16 it shall be an offence punishable with imprisonment for two years or a fine of one thousand ringgit or both for any personknowingly to make any false statement with a view to inducing the minister to grant or refuse any application under part iii of this constitution, including any application to determine whether the applicant is a citizen by operation of law; or to forge or without lawful authority alter any certificate, whether issued or granted in the federation or elsewhere, or without lawful authority use or have in his possession any certificate which has been so forged or altered; or to fail to comply with any requirement imposed upon him by any rules made under section 6 with respect to the delivering up of certificates; to personate or falsely represent himself to be or not to be a person to whom a certificate, whether issued in the federation or elsewhere, has been duly issued or granted. in this section “certificate” means any certificate of the following descriptions issued under part iii of this constitution that is to say: any certificate of registration or of naturalisation as a citizen; and any certificate of registration effected at a consulate of the federation or elsewhere outside the federation; and any such certificate as is mentioned in article 30. interpretation for the purposes of part iii of this constitution references to a person’s father or to his parent, or to one of his parents, are in relation to a person who is illegitimate to be construed as references to his mother, and accordingly section 19 of this schedule shall not apply to such a person. in relation to an adopted child whose adoption has been registered under any written law in force in the federation, including any such law in force before merdeka day, clause (3) of article 15 shall have effect as if for the reference to his father there were substituted a reference to the adopter, and references in that clause and section 9 of this part of this schedule to his parent shall be construed accordingly. any reference in part iii of this constitution to the status or description of the father of a person at the time of that person’s birth shall, in relation to a person born after the death of his father, be construed as a reference to the status or description of the father at the time of the father’s death; and where that death occurred before and the birth occurs on or after merdeka day, the status or description which would have been applicable to the father had he died after merdeka day shall be deemed to be the status or description applicable to him at the time of his death. this section shall have effect in relation to malaysia day as it has effect in relation to merdeka day. for the purposes of part i or ii of this schedule a person born on board a registered ship or aircraft shall be deemed to have been born in the place in which the ship or aircraft was registered, and a person born on board an unregistered ship or aircraft of the government of any country shall be deemed to have been born in that country. for the purposes of part i and ii of this schedule any new born child found exposed in any place shall be presumed, until the contrary is shown, to have been born there of a mother permanently resident there; and if he is treated by virtue of this section as so born, the date of the finding shall be taken to be the date of the birth. for the purposes of part i or ii of this schedule a person shall be treated as having been at any time permanently resident in the federation if, but only if, he was then resident in the federation and eitherhe then had permission, granted without limit of time under any federal law, to reside there; or it is certified by the federal government that he is to be treated for those purposes as a permanent resident in the federation. 20 in calculating for the purposes of part iii of this constitution any residence in the federationa period of absence from the federation of less than six months; a period of absence from the federation for the purposes of education of such kind, in such country and for such time as may from time to time be either generally or specially approved by the minister; a period of absence from the federation for reasons of health; a period of absence from the federation on duty in the service of the federation or of any state, where such period is not inconsistent with the essential continuity of such residence; and a period of absence from the federation for any other cause prescribed generally or specially by the minister, shall be treated as residence in the federation. in calculating for the purposes of part iii of this constitution any residence in the federationa period during which a person was not lawfully resident in the federation; a period spent as an inmate of any prison or as a person detained in lawful custody in any other place, other than a mental hospital, under the provisions of any written law of the federation; and a period during which a person is allowed to remain temporarily in the federation under the authority of any pass issued or exemption order made under the provisions of any written law of the federation relating to immigration, shall not, except in the case of any period referred to in paragraph (c), with the consent of the minister, be treated as residence in the federation. for the purposes of part iii of this constitution a person shall be deemed to be resident in the federation on a particular day if he had been resident in the federation before that day and that day is included in any period of absence referred to in subsection (1). this section shall apply in relation to any part of the federation and the territories comprised in that part before malaysia day as it applies in relation to the federation as a whole, and the reference in subsection (1) (d) to the service of a state shall include, in relation to those territories, the service of any government having jurisdiction therein before malaysia day; and in relation to malaysia day or any later day subsection (3) shall apply as if the territories comprised in the states of sabah and sarawak had at all times formed part of the federation. for the purposes of part iii of this constitution “consulate of the federation” includes any office exercising consular functions on behalf of the federation. except in so far as the context otherwise requires, references in this schedule to part iii of this constitution are to be read as including references to this schedule. third schedule. election of yang di-pertuan agong and timbalan yang di-pertuan agong [article 32 and 33] part 1. election of yang di-pertuan agong 1 a ruler is qualified to be elected yang di-pertuan agong unlesshe is a minor; or he has notified the keeper of the rulers’ seal that he does not desire to be elected; or the conference of rulers by secret ballot resolves that he is unsuitable by reason of infirmity of mind or body or for any other cause to exercise the functions of yang dipertuan agong. a resolution under this section shall not be carried unless at least five members of the conference have voted in favour of it. the conference of rulers shall offer the office of yang di-pertuan agong to the ruler qualified for election whose state is first on the election list described in section 4 and, if he does not accept the office, to the ruler whose state is next on the list, and so on until a ruler accepts the office. when a ruler to whom the office of yang di-pertuan agong has been offered in accordance with section 2 has accepted the office, the conference of rulers shall declare him elected and the keeper of the rulers’ seal shall notify the result of the election in writing to both houses of parliament. 4 the election listshall for the purposes of the first election be a list comprising the states of all rulers in the order in which their royal highnesses then recognize precedence among themselves; shall for the purposes of subsequent elections be that list as varied in accordance with subsection (2) until it is reconstituted under subsection (3), and shall then be the list so reconstituted, but varied, for the purposes of further elections, in accordance with subsection (4). that list in force at the first election shall be varied as follows: after each election any states preceding on the list the state whose ruler was elected shall be transferred (in the order in which they are then on the list) to the end of the list, and the state whose ruler was elected shall be omitted; whenever there is a change in the ruler of a state then on the list, that state shall be transferred to the end of the list (and if on the same day there is a change in the rulers of more than one such state, those states shall be so transferred in the order in which they are then on the list). when no state remains on the list as varied in accordance with subsection (2), or if at an election no ruler of a state on that list is qualified for election or accepts office, the election list shall be reconstituted so as to comprise again the states of all the rulers, but in the following order, that is to say, those whose rulers have held the office of yang di-pertuan agong in the order in which their rulers have held that office, and the others (if any) following them in the order in which they were on the list before it was reconstituted. after each election held in accordance with the reconstituted list that list shall be varied as follows: any state preceding on the list the state whose ruler was elected shall be transferred (in the order in which they are then on the list) to the end of the list; and the state whose ruler was elected shall then be placed last. part 2. election of timbalan yang di-pertuan agong a ruler is qualified to be elected timbalan yang di-pertuan agong unlesshe would not be qualified to be elected yang di-pertuan agong; or he has notified the keeper of the rulers’ seal that he does not desire to be elected. the conference of rulers shall not elect a timbalan yang di-pertuan agong while the office of yang di-pertuan agong is vacant. the conference of rulers shall offer the office of timbalan yang di-pertuan agong to the ruler qualified for election who, on the death of the yang di-pertuan agong last elected, would be the first entitled to be offered the office of the yang di-pertuan agong and, if he does not accept it, to the next and so on until a ruler accepts the office. part 3. removal of yang di-pertuan agong a resolution of the conference of rulers to remove the yang di-pertuan agong from office shall not be carried unless at least five members of the conference have voted in favour of it. part 4. general (repealed). in section 4 (3) the expression “ruler” includes a past ruler. fourth schedule. oaths of office of yang di-pertuan agong and timbalan yang di-pertuan agong [article 37] part 1. oath of yang di-pertuan agong kami ..... ibni ..... yang di-pertuan agong bagi malaysia bersumpah dengan melafazkan: wallahi; wabillahi; watallahi; maka dengan lafaz ini berikrarlah kami dengan sesungguh dan dengan sebenarnya mengaku akan taat setia pada menjalankan dengan adilnya pemerintahan bagi malaysia dengan mengikut sebagaimana undang-undang dan perlembagaan negeri yang telah disah dan dimasyhurkan dan yang akan disah dan dimasyhurkan di masa hadapan ini. dan lagi kami berikrar mengaku dengan sesungguh dan dengan sebenarnya memeliharakan pada setiap masa agama islam dan berdiri tetap di atas pemerintahan yang adil dan aman di dalam negeri. part 2. oath of timbalan yang di-pertuan agong kami ..... ibni ..... yang telah dilantik menjadi timbalan yang di-pertuan agong bagi malaysia bersumpah dengan melafazkan: wallahi; wabillahi; watallahi; dan dengan lafaz ini berikrarlah kami dengan sesungguh dan dengan sebenarnya mengaku akan taat setia pada menjalankan tanggungan kami yang telah ditetapkan dan yang akan ditetapkan pada suatu masa ke suatu masa yang ke hadapan ini oleh undangundang dan perlembagaan negeri malaysia. part 3. english translations we ..... ibni ..... yang di-pertuan agong of malaysia do hereby swear: wallahi; wabillahi; watallahi; and by virtue of that oath do solemnly and truly declare that we shall justly and faithfully perform (carry out) our duties in the administration of malaysia in accordance with its laws and constitution which have been promulgated or which may be promulgated from time to time in the future. further we do solemnly and truly declare that we shall at all time protect the religion of islam and uphold the rules of law and order in the country. we ..... ibni ...... being elected to be the timbalan yang di-pertuan agong of malaysia do hereby swear: wallahi; wabillahi; watallahi; and by virtue of that oath do solemnly and truly declare that we shall faithfully perform (carry out) our duties as timbalan yang di-pertuan agong as laid down and as may from time to time be laid down by the laws and the constitution of malaysia. fifth schedule. the conference of rulers [article 38(1)] the conference of rulers shall, subject to the following provisions of this schedule, consist of their royal highnesses the rulers and the yang di-pertua-yang di-pertua negeri of states not having a ruler. the place of his royal highness the ruler of any state or the yang di-pertua negeri of any state as a member of the conference of rulers may in any case in which the constitution of that state so provides be taken by such person as that constitution may provide. the conference of rulers shall have a rulers’ seal, which shall be kept in the custody of a person appointed by the conference. the person appointed under section 3 shall be known as the penyimpan mohor besar raja-raja (keeper of the rulers’ seal), shall act as secretary to the conference of rulers and shall hold his office at the pleasure of the conference. a majority of the members of the conference of rulers shall form a quorum and, subject to the provisions of this constitution, the conference may determine its own procedure. the keeper of the rulers’ seal shall convene the conference of rulers whenever required to do so by the yang di-pertuan agong or by not less than three members of the conference and, without being so required, not later than four weeks before the expiry of the term of office of the yang di-pertuan agong and whenever a vacancy occurs in that office or in the office of the timbalan yang di-pertuan agong. the yang di-pertua-yang di-pertua negeri of states not having a ruler shall not be members of the conference of rulers for the purposes of any proceedings relating to the election or removal of the yang di-pertuan agong or the election of the timbalan yang di-pertuan agong or relating solely to the privileges, position, honours and dignities of their royal highnesses or to religious acts, observances or ceremonies. in any case where the conference of rulers is not unanimous it shall take its decision by a majority of the members voting, subject however to the provisions of the third schedule. any consent, appointment or advice of the conference of rulers required under this constitution shall be signified under the rulers’ seal; and where, in the case of any proposed appointment, a majority of the members of the conference have indicated, by writing addressed to the keeper of the rulers’ seal, that they are in favour of the appointment, he shall so signify the advice of the conference without convening it. sixth schedule. forms of oaths and affirmations [articles 43(6), 43b(4), 57(1a)(a), 59(1), 124, 142(6)] 1. oath of office and allegiance “i, ....., having been elected (or appointed) to the office of ..... do solemnly swear (or affirm) that i will faithfully discharge the duties of that office to the best of my ability, that i will bear true faith and allegiance to malaysia, and will preserve, protect and defend its constitution.” (note-a judge of the federal court, other than the chief justice, a judge of the court of appeal or of a high court or a judicial commissioner shall use the words “my judicial duties in that office” in place of the words “the duties of that office”.) 2. oath as member of parliament and of allegiance “i, ....., having been elected (or appointed) as a member of the house of representatives (or the senate) do solemnly swear (or affirm) that i will faithfully discharge my duties as such to the best of my ability, that i will bear true faith and allegiance to malaysia, and will preserve, protect and defend its constitution.” 3. oath of secrecy “i, ....., do solemnly swear (or affirm) that i will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as ..... except as may be required for the due discharge of my duties as such or as may be specially permitted by the yang di-pertuan agong.” seventh schedule. election of senators [article 45] 1 (repealed). as often as there is a vacancy among the members elected to the senate by a state the yang di-pertuan agong shall give notice to the ruler or yang di-pertua negeri of the state that an election of a senator is required and the ruler or yang di-pertua negeri shall require the legislative assembly to elect a senator as soon as may be. 2 the names of candidates for election shall be proposed and seconded by members of the assembly and the member proposing or the member seconding shall submit a statement in writing, signed by the person nominated, that he is willing to serve as a senator if elected. when all the nominations have been received, the presiding officer shall announce the names of the persons nominated in alphabetical order and shall then put their names to the vote in that order. each member present shall be entitled to vote for as many candidates as there are vacancies to be filled, and the names of the members voting for each candidate shall be recorded; and if any member casts a vote in addition to those allowed by this subsection that vote shall be void. the presiding officer shall declare to be elected the candidate or candidates who receive the largest number of votes, but if two or more candidates have an equal number of votes and the number of those candidates is larger than the number of vacancies to be filled, the election of those candidates shall be determined by lot. notwithstanding anything in section 2, if a vacancy due to the expiry of the term of office of a senator is to be filled at the same meeting as a vacancy arising in any other way there shall first be an election to fill the vacancy due to the expiry of the term and then a separate election to fill the other vacancy. the presiding officer shall certify to the clerk to the senate, by writing under his hand, the name of a person elected as senator in accordance with the provisions of this schedule. if any question arises whether a member of the senate has been duly elected in accordance with the provisions of this schedule, the decision of the senate shall be taken and shall be final, but the failure to hold an election under section 1 (2) as soon as may be shall not of itself invalidate the election of any senator. eighth schedule. provisions to be inserted in state constitutions [article 71] part 1. final provisions 1. ruler to act on advice in the exercise of his functions under the constitution of this state or any law or as a member of the conference of rulers the ruler shall act in accordance with the advice of the executive council or of a member thereof acting under the general authority of the council, except as otherwise provided by the federal constitution or the state constitution; but shall be entitled, at his request, to any information concerning the government of the state which is available to the executive council. in the exercise of his functions under the constitution of this state or any law or as a member of the conference of rulers, where the ruler is to act in accordance with advice or on advice, the ruler shall accept and act in accordance with such advice. the ruler may act in his discretion in the performance of the following functions (in addition to those in the performance of which he may act in his discretion under the federal constitution) that is to say: the appointment of a menteri besar; the withholding of consent to a request for the dissolution of the legislative assembly; the making of a request for a meeting of the conference of rulers concerned solely with the privileges, position, honours and dignities of their royal highnesses or religious acts, observances or ceremonies; any function as head of the religion of islam or relating to the custom of the malays; the appointment of an heir or heirs, consort, regent or council or regency; the appointment of persons to malay customary ranks, titles, honours and dignities and the designation of the functions appertaining thereto; the regulation of royal courts and palaces. state law may make provision for requiring the ruler to act after consultation with or on the recommendation of any person or body of persons other than the executive council in the exercise of any of his functions other thanfunctions exercisable in his discretion; functions with respect to the exercise of which provision is made in the state constitution or the federal constitution. 1a. proceedings against the ruler where the ruler is charged with an offence under any law in the special court established under part xv of the federal constitution, he shall cease to exercise the functions of the ruler of the state. during the period when the ruler ceases, under subsection (1), to exercise the functions of the ruler of the state, a regent or a council of regency, as the case may be, shall be appointed in accordance with the state constitution to exercise the functions of the ruler of the state. where the ruler is convicted of an offence in the special court and sentenced to imprisonment for more than one day he shall cease to be the ruler of the state unless he receive a free pardon. 2. the executive council the ruler shall appoint an executive council. the executive council shall be appointed as follows, that is to say: the ruler shall first appoint as menteri besar to preside over the executive council a member of the legislative assembly who in his judgment is likely to command the confidence of the majority of the members of the assembly; and he shall on the advice of the menteri besar appoint not more than ten nor less than four other members from among the members of the legislative assembly, but if an appointment is made while the legislative assembly is dissolved a person who was a member of the last legislative assembly may be appointed but shall not continue to hold office after the first sitting of the next legislative assembly unless he is a member thereof. notwithstanding anything in this section, a person who is a citizen by naturalisation or by registration under article 17 of the federal constitution shall not be appointed menteri besar. in appointing a menteri besar the ruler may, in his discretion, dispense with any provision in the constitution of this state restricting his choice of a menteri besar, if in his opinion it is necessary to do so in order to comply with the provisions of this section. the executive council shall be collectively responsible to the legislative assembly. if the menteri besar ceases to command the confidence of the majority of the members of the legislative assembly, then, unless at his request the ruler dissolves the legislative assembly, he shall tender the resignation of the executive council. subject to subsection (6), a member of the executive council other than the menteri besar shall hold office at the ruler’s pleasure, but any member of the council may at any time resign his office. a member of the executive council shall not engage in any trade, business or profession connected with any subject or department for which he is responsible and shall not, so long as he is engaged in any trade, business or profession, take part in any decision of the executive council relating to that trade, business or profession or in any decision likely to affect his pecuniary interests therein. 3. legislature of the state the legislature of the state shall consist of the ruler and one house, namely, the legislative assembly. 4. composition of legislative assembly the legislative assembly shall consist of such number of elected members as the legislature may by law provide. (repealed). 5. qualifications of members every citizen of or over the age of twenty-one years who is resident in the state is qualified to be a member of the legislative assembly, unless he is disqualified for being a member by the federal constitution or this constitution or by any such law as is mentioned in section 6 of the eighth schedule to the federal constitution. 6. disqualification for membership of legislative assembly subject to the provisions of this section, a person is disqualified for being a member of the legislative assembly ifhe is and has been found or declared to be of unsound mind; he is an undischarged bankrupt; he holds an office of profit; having been nominated for election to either house of parliament or to the legislative assembly, or having acted as election agent to a person so nominated, he has failed to lodge any return of election expenses required by law within the time and in the manner so required; or he has been convicted of an offence by a court of law in the federation (or, before malaysia day, in the territories comprised in the states of sabah and sarawak or in singapore) and sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand ringgit and has not received a free pardon; he is disqualified under any law relating to offences in connection with elections to either house of parliament or to the legislative assembly by reason of having been convicted of such an offence or having in proceedings relating to such an election been proved guilty of an act constituting such an offence; or he has voluntarily acquired citizenship of, or exercised rights of citizenship in, a foreign country or has made a declaration of allegiance to a foreign country. the disqualification of a person under paragraph (d) or paragraph (e) of subsection (1) may be removed by the ruler and shall, if not so removed, cease at the end of the period of five years beginning with the date on which the return mentioned in the said paragraph (d)was required to be lodged or, as the case may be, the date on which the person convicted as mentioned in the said paragraph (e) was released from custody or the date on which the fine mentioned in the said paragraph (e) was imposed, and a person shall not be disqualified under paragraph (g) of subsection (1) by reason only of anything done by him before he became a citizen. notwithstanding anything contained in the foregoing provisions of this section where a member of the legislative assembly becomes disqualified from continuing to be a member thereof pursuant to paragraph (e) of subsection (1), or under a law as is referred to in paragraph (f) of subsection (1)the disqualification shall take effect upon the expiry of fourteen days from the date on which he wasconvicted and sentenced as specified in the aforesaid paragraph (e); or convicted of an offence or proved guilty of an act under a law as is referred to in the aforesaid paragraph (f); or if within the period of fourteen days specified in paragraph (a) an appeal or any other court proceeding is brought in respect of such conviction or sentence, or in respect of being so convicted or proved guilty, as the case may be, the disqualification shall take effect upon the expiry of fourteen days from the date on which such appeal or other court proceeding is disposed of by the court; or if within the period specified in paragraph (a) or the period after the disposal of the appeal or other court proceeding specified in paragraph (b) there is filed a petition for a pardon, such disqualification shall take effect immediately upon the petition being disposed of. subsection (3) shall not apply for the purpose of nomination or election of any person to the legislative assembly, for which purpose the disqualification shall take effect immediately upon the occurrence of the event referred to in paragraph (e) or (f), as the case may be, of subsection (1). a person who resigns his membership of the legislative assembly of this state or any other state, shall, for a period of five years beginning with the date on which his resignation takes effect, be disqualified from being a member of the legislative assembly of this state. 7. provision against double membership a person shall not at the same time be a member of the legislative assembly for more than one constituency. 8. decision as to disqualification if any question arises whether a member of the legislative assembly has become disqualified for membership, the decision of the assembly shall be taken and shall be final: provided that this section shall not be taken to prevent the practice of the assembly postponing a decision in order to allow for the taking or determination of any proceedings that may affect the decision (including proceedings for the removal of the disqualification). where a member of the legislative assembly becomes disqualified under paragraph (e) of subsection (1) of section 6, or under a law as is referred to in paragraph (f) of subsection (1) of section 6, the foregoing subsection (1) shall not apply, and he shall cease to be a member of the legislative assembly, and his seat shall become vacant, immediately upon his disqualification taking effect in accordance with subsection (3) of section 6. 9. summoning, prorogation and dissolution of legislative assembly the ruler shall from time to time summon the legislative assembly and shall not allow six months to elapse between the last sitting in one session and the date appointed for its first sitting in the next session. the ruler may prorogue or dissolve the legislative assembly. the legislative assembly unless sooner dissolved shall continue for five years from the date of its first sitting and shall then stand dissolved. whenever the legislative assembly is dissolved a general election shall be held within sixty days from the date of the dissolution and the new legislative assembly shall be summoned to meet on a date not later than one hundred and twenty days from that date. a casual vacancy shall be filled within sixty days from the date on which it is established by the election commission that there is a vacancy: provided that if a casual vacancy is established on a date within two years of the date the legislative assembly shall, in accordance with subsection (3), stand dissolved, such casual vacancy shall not be filled unless the speaker notifies the election commission in writing that the numerical strength of the party that constitutes a majority of all the members of the legislative assembly is being affected by such vacancy, in which event such vacancy shall be filled within sixty days from the date of the receipt of that notification. 10. speaker of the legislative assembly the legislative assembly shall from time to time elect as speaker such person as the assembly may determine and shall transact no business when the office of the speaker is vacant other than the election of the speaker. a person shall not be elected to be the speaker unless he is a member or qualified to be a member of the legislative assembly. any person elected as speaker who is not a member of the legislative assemblyshall, before he enters upon the duties of his office, take and subscribe before the assembly an oath of office; and shall, by virtue of holding his office, be a member of the assembly additional to the members elected to the assembly: provided that paragraph (b) shall not have effect for the purposes of the provisions of section 2 and no person shall be entitled by virtue of that paragraph to vote on any matter before the assembly. the speaker may at any time resign his office and shall vacate his officewhen the legislative assembly first meets after a general election; on his ceasing to be a member of the assembly otherwise than by reason of a dissolution thereof or, if he is a member by virtue only of paragraph (b) of subsection (1b), on his ceasing to be qualified to be a member; upon being disqualified under subsection (4); or if the assembly at any time so resolves. during any absence of the speaker from a sitting of the legislative assembly such member as may be determined by the rules of procedure of the assembly shall act as speaker. a member who is elected to be the speaker shall be disqualified from holding such office if after three months of his election to such office or at any time thereafter he is or becomes a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organisation or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not he receives any remuneration, reward, profit or benefit from it: provided that such disqualification shall not apply where such organisation or body carries out any welfare or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature, and the member does not receive any remuneration, reward, profit or benefit from it. where any question arises regarding the disqualification of the speaker under subsection (4) the decision of the legislative assembly shall be taken and shall be final. 11. exercise of legislative power the power of the legislature to make laws shall be exercised by bills passed by the legislative assembly and assented to by the ruler. no bill or amendment involving expenditure from the consolidated fund of the state may be introduced or moved in the legislative assembly except by a member of the executive council. the ruler shall within thirty days after a bill is presented to him assent to the bill. if a bill is not assented to by the ruler within the time specified in subsection (2a), it shall become law at the expiration of the time specified in that subsection in the like manner as if he had assented to it. a bill shall become law on being assented to by the ruler or as provided in subsection (2b) but no law shall come into force until it has been published, without prejudice, however, to the power of the legislature to postpone the operation of any law or to make laws with retrospective effect. (repealed). financial provisions 12. no taxation unless authorised by law no tax or rate shall be levied by or for the purposes of the state except by or under the authority of law. 13. expenditure charged on consolidated fund there shall be charged on the consolidated fund of the state, in addition to any grant, remuneration or other moneys so charged by any other provision of the constitution of the state or by state lawthe civil list of the ruler and the remuneration of the speaker of the legislative assembly; all debt charges for which the state is liable; and any moneys required to satisfy any judgment, decision or award against the state by any court or tribunal. for the purposes of this provision debt charges include interest, sinking fund charges, repayment or amortisation of debt and all expenditure in connection with the raising of loans on the security of the consolidated fund and the service and redemption of debt created thereby. 14. annual financial statement subject to subsection (3), the ruler shall, in respect of every financial year, cause to be laid before the legislative assembly a statement of the estimated receipts and expenditure of the state for that year, and, unless the state legislature in respect of any year otherwise provides, that statement shall be so laid before the commencement of the year. the estimates of expenditure shall show separatelythe total sums required to meet expenditure charged on the consolidated fund; and subject to subsection (3), the sums respectively required to meet the heads of other expenditure proposed to be met from the consolidated fund. the estimated receipts to be shown in the said statement do not include any sums received by way of zakat, fitrah and baitulmal or similar islamic religious revenue; and the sums to be shown under paragraph (b) of subsection (2) do not includesums representing the proceeds of any loan raised by the state for specific purposes and appropriated for those purposes by the law authorising the raising of the loan; sums representing any money or interest on money received by the state subject to a trust and to be applied in accordance with the terms of the trust; sums representing any money held by the state which has been received or appropriated for the purpose of any trust fund established by or in accordance with federal or state law. the said statement shall also show, so far as is practicable, the assets and liabilities of the state at the end of the last completed financial year, the manner in which those assets are invested or held, and general heads in respect of which those liabilities are outstanding. 15. supplies bill the heads of expenditure to be met from the consolidated fund of the state but not charged thereon, other than the sums mentioned in paragraphs (a) and (b) of section 14 (3) of the eighth schedule to the federal constitution, shall be included in a bill, to be known as a supply bill, providing for the issue from the consolidated fund of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified therein. 16. supplementary and excess expenditure if in respect of any financial year it is foundthat the amount appropriated by the supply enactment for that purpose is insufficient, or that a need has arisen for expenditure for a purpose for which no amount has been appropriated by the supply enactment; or that any moneys have been expended for any purpose in excess of the amount (if any) appropriated for that purpose by the supply enactment, a supplementary estimate showing the sums required or spent shall be laid before the legislative assembly and the heads of any such expenditure shall be included in a supply bill. 17. withdrawals from the consolidated fund subject to the following provisions of this section, no moneys shall be withdrawn from the consolidated fund unless they arecharged on the consolidated fund; or authorised to be issued by a supply enactment. no moneys shall be withdrawn from the consolidated fund except in the manner provided by federal law. subsection (1) does not apply to any such sums as are mentioned in paragraphs (a), (b) and (c) of section 14 (3) of the eighth schedule to the federal constitution. the state legislature may in respect of any financial year authorise, before the passing of the supply enactment, expenditure for part of the year and the issue from the consolidated fund of any moneys required to meet that expenditure. 18. impartial treatment of state employees all persons of whatever race in the same grade of the service of the state, shall, subject to the terms and conditions of their employment, be treated impartially. 19. amendment of the constitution the following provisions of this section shall have effect with respect to the amendment of the constitution of this state. the provisions affecting succession to the throne and the position of the ruling chiefs and similar malay customary dignitaries may not be amended by the state legislature. any other provisions may, subject to the following provisions of this section, be amended by an enactment of the state legislature but may not be amended by any other means. a bill for making an amendment to the said constitution (other than an amendment excepted from the provisions of this subsection) shall not be passed by the legislative assembly unless it has been supported on second and third readings by the votes of not less than two-thirds of the total number of members thereof. the following amendments are excepted from the provisions of subsection (4), that is to say: any amendment consequential on such a law as is mentioned in section 4 or section 21 of the eighth schedule to the federal constitution; and any amendment to the definition of the territory of the state which is made in consequence of the passing of a law altering the boundaries of the state under article 2 of the federal constitution to which the state legislative assembly and the conference of rulers have consented under the said article; and any amendment the effect of which is to bring the constitution of this state into accord with any of the provisions of the said schedule, but only if it is made after the legislative assembly has been elected in accordance with section 4 of that schedule. this section does not invalidate any provision of the constitution of this state requiring the consent of any body of persons to any amendment affectingthe appointment and attributes of an heir or heirs to the throne, of the ruler’s consort or of the regent or members of the council of regency of the state; the removal, withdrawal, or abdication of the ruler or his heir or heirs; the appointment and attributes of the ruling chiefs or similar malay customary dignitaries and of members of religious or customary advisory councils or similar bodies; the establishment, regulation, confirmation and deprivation of malay customary ranks, titles, honours, dignities and awards and the attributes of the holders thereof and the regulation of the royal courts and palaces. in this section “amendment” includes addition and repeal. provisions in respect of yang di-pertua negeri in relation to the states of malacca penang sabah and sarawak 19a. yang di-pertua negeri there shall be a yang di-pertua negeri of the state who shall be appointed by the yang di-pertuan agong acting in his discretion but after consultation with the chief minister. the yang di-pertua negeri shall be appointed for a term of four years but may at any time resign his office by writing under his hand addressed to the yang di-pertuan agong and may be removed from office by the yang di-pertuan agong in pursuance of an address by the legislative assembly of the state supported by votes of not less than two-thirds of the total number of its members. the legislature may by law make provision for enabling the yang di-pertuan agong, acting in his discretion but after consultation with the chief minister, to appoint a person to exercise the functions of the yang di-pertua negeri during any period during which the yang di-pertua negeri is unable to do so himself owing to illness, absence or any other cause; but no person shall be so appoint unless he would be qualified to be appointed a yang di-pertua negeri. a person appointed under subsection (3) may take the place of the yang di-pertua negeri as a member of the conference of rulers during any period during which under that subsection he may exercise the functions of the yang di-pertua negeri. 19b. qualifications and disabilities of yang di-pertua negeri a person who is not a citizen or is a citizen by naturalisation or by registration under article 17* [note this article has been repealed] of the federal constitution shall not be appointed a yang di-pertua negeri. the yang di-pertua negeri shall not hold any office of profit and shall not actively engage in any commercial enterprise. 19c. civil list of yang di-pertua negeri the legislature shall by law provide a civil list of the yang di-pertua negeri, which shall be charged on the consolidated fund and shall not be diminished during his continuance in office. 19d. oath of office of yang di-pertua negeri the yang di-pertua negeri shall before exercising his functions take and subscribe in the presence of the chief judge or of a judge of the high court, an oath or affirmation in the following form, that is to say: “i, ..... having been appointed yang di-pertua negeri of the state of ..... do solemnly swear (or affirm) that i will faithfully discharge my duties as such to the best of my ability, that i will bear true faith and allegiance to the state of ..... and to the federation of malaysia, and that i will preserve, protect and defend the constitution of the federation of malaysia and the constitution of the state of .....”. any law made under subsection (3) of section 19a shall make provision corresponding (with necessary modification) to subsection (1). part 2. temporary provisions alternative to provisions 20. the executive council the ruler shall appoint an executive council. the executive council shall be appointed as follows, that is to say: the ruler shall first appoint as menteri besar to preside over the executive council a person who in his judgment is likely to command the confidence of the majority of the assembly; and he shall on the advice of the menteri besar appoint not more than ten nor less than four other persons. notwithstanding anything in this section, a person who is a citizen by naturalisation or by registration under article 17* [note this article has been repealed] of the federal constitution shall not be appointed menteri besar. in appointing a menteri besar the ruler may, in his discretion, dispense with any provision in the constitution of this state restricting his choice of a menteri besar, if in his opinion it is necessary to do so in order to comply with the provisions of this section. the executive council shall be collectively responsible to the legislative assembly. the menteri besar shall cease to hold office at the expiration of a period of three months from the date of his appointment, unless before the expiration of that period a resolution of confidence in him has been passed by the legislative assembly; and if at any time he ceases to command the confidence of the majority of the members of the legislative assembly, then unless at his request the ruler dissolves the legislative assembly, he shall tender the resignation of the executive council. subject to subsection (6), a member of the executive council other than the menteri besar shall hold office at the ruler’s pleasure, but any member of the council may at any time resign his office. a member of the executive council shall not engage in any trade, business or profession connected with any subject or department for which he is responsible and shall not, so long as he is engaged in any trade, business or profession, take part in any decision of the executive council relating to that trade, business or profession or in any decision likely to affect his pecuniary interests therein. 21. composition of legislative assembly the legislative assembly shall consist ofsuch number of elected members as the legislature may by law provide; and such number of other members, being less than the number of elected members, as the ruler may appoint and until other provision is made as aforesaid, the number of elected members shall be the number specified in article 171* [note this article has been repealed] of the federal constitution. notwithstanding anything in section 6 of the eight schedule to the federal constitution, a person shall not be disqualified for being an appointed member of the legislative assembly by reason only that he holds an office of profit. part 3. modifications of parts i and ii in relation to malacca and penang in the application of parts i and ii of this schedule to the states of malacca and penang references of the yang di-pertua negeri shall be substituted for references to the ruler, and the following shall be omitted, that is to say, paragraphs (c) to (g) of section 1 (2), section 1a, section 2 (4), section 19 (2) and (6), section 20 (4), in section 14 (3) the words preceding “the sums to be shown under paragraph (b)” and in subsection 19 (3) the word “other” in the first place where it occurs. part i of this schedule shall apply to the states of sabah and sarawak as it applies to the states of penang and malacca. ninth schedule. legislative lists [articles 74, 77] list 1. federal list external affairs, includingtreaties, agreements and conventions with other countries and all matters which bring the federation into relations with any other country; implementation of treaties, agreements and conventions with other countries; diplomatic, consular and trade representation; international organizations; participation in international bodies and implementation of decisions taken thereat; extradition; fugitive offenders; admission into, and emigration and expulsion from, the federation; passports; visas; permits of entry or other certificates; quarantine; foreign and extra-territorial jurisdiction; and pilgrimages to places outside malaysia. defence of the federation or any part thereof, includingnaval, military and air forces and other armed forces; any armed forces attached to or operating with any of the armed forces of the federation; visiting forces; defence works; military and protected areas; naval, military and air force bases, barracks, aerodromes and other works; manoeuvres; war and peace; alien enemies and enemy aliens; enemy property; trading with an enemy; war damage; war risk insurance; arms, fire-arms, ammunition and explosives; national service; and civil defence. internal security, includingpolice; criminal investigation; registration of criminals; public order; prisons, reformatories; remand homes; places of detention; probation of offenders; juvenile offenders; preventive detention; restriction of residence; intelligence services; and national registration. civil and criminal law and procedure and the administration of justice, includingconstitution and organization of all courts other than syariah courts; jurisdiction and powers of all such courts; remuneration and other privileges of the judges and officers presiding over such courts; persons entitled to practise before such courts; subject to paragraph (ii), the following: contract; partnership, agency and other special contracts; master and servant; inns and inn-keepers; actionable wrongs; property and its transfer and hypothecation, except land; bona vacantia; equity and trusts; marriage, divorce and legitimacy; married women’s property and status; interpretation of federal law; negotiable instruments; statutory declarations; arbitration; mercantile law; registration of businesses and business names; age of majority; infants and minors; adoption; succession, testate and intestate; probate and letters of administration; bankruptcy and insolvency; oaths and affirmations; limitation; reciprocal enforcement of judgments and orders; the law of evidence; the matters mentioned in paragraph (i) do not include islamic personal law relating to marriage, divorce, guardianship, maintenance, adoption, legitimacy, family law, gifts or succession, testate and intestate; official secrets; corrupt practices; use or exhibition of coats of arms, armorial bearings, flags, emblems, uniforms, orders and decorations other than those of a state; creation of offences in respect of any of the matters included in the federal list or dealt with by federal law; indemnity in respect of any of the matters in the federal list or dealt with by federal law; admiralty jurisdiction; ascertainment of islamic law and other personal laws for purposes of federal law; and betting and lotteries. federal citizenship and naturalization; aliens. the machinery of government, subject to the state list, but includingelections to both houses of parliament and the legislative assemblies of the states and all matters connected therewith; the armed forces council and the commissions to which part x applies; federal services including the establishment of services common to the federation and the states; services common to two or more states; pensions and compensation for loss of office; gratuities and conditions of service; government and administration of the federal territories of kuala lumpur, labuan and putrajaya including islamic law therein to the same extent as provided in item 1 in the state list and in respect of the federal territory of labuan, native law and custom to the same extent as provided in item 13 of the supplement to state list for states of sabah and sarawak; federal government contracts; federal public authorities; and purchase, acquisition and holding of, and dealing with, property for federal purposes. finance, includingcurrency, legal tender and coinage; national savings and savings banks; borrowing on the security of the federal consolidated fund; loans to or borrowing by the states, public authorities and private enterprise; public debt of the federation; financial and accounting procedure, including procedure for the collection, custody and payment of the public moneys of the federation and of the states, and the purchase, custody and disposal of public property other than land of the federation and of the states; audit and accounts of the federation and the states and other public authorities; taxes; rates in the federal capital; fees in respect of any of the matters in the federal list or dealt with by federal law; banking; money-lending; pawnbrokers; control of credit; bills of exchange, cheques, promissory notes and other similar instruments; foreign exchange; and capital issues; stock and commodity exchanges. trade, commerce and industry, includingproduction, supply and distribution of goods; price control and food control; adulteration of foodstuffs and other goods; imports into, and exports from, the federation; incorporation, regulation and winding up of corporations other than municipal corporations (but including the municipal corporation of the federal capital); regulation of foreign corporations; bounties on production in or export from the federation; insurance, including compulsory insurance; patents; designs; inventions; trade marks and mercantile marks; copyrights; establishment of standards of weights and measures; establishment of standards of quality of goods manufactured in or exported from the federation; auctions and auctioneers; industries; regulation of industrial undertakings; subject to item 2 (c) in the state list: development of mineral resources; mines, mining, minerals and mineral ores; oils and oilfields; purchase, sale, import and export of minerals and mineral ores; petroleum products; regulation of labour and safety in mines and oilfields; factories; boilers and machinery; dangerous trades; and dangerous and inflammable substances. shipping, navigation and fisheries, includingshipping and navigation on the high seas and in tidal and inland waters; ports and harbours; foreshores; lighthouses and other provisions for the safety of navigation; maritime and estuarine fishing and fisheries, excluding turtles; light dues; and wrecks and salvage. communications and transport, includingroads, bridges, ferries and other means of communication if declared to be federal by or under federal law; railways, excluding penang hill railway; airways, aircraft and air navigation; civil aerodromes; provisions for the safety of aircraft; regulation of traffic by land, water and air other than on rivers outside harbour areas wholly within one state; carriage of passengers and goods by land, water and air; mechanically propelled vehicles; posts and telecommunications; and wireless, broadcasting and television. federal works and power, includingpublic works for federal purposes; water supplies, rivers and canals, except those wholly within one state or regulated by an agreement between all the states concerned; production, distribution and supply of water power; and electricity; gas and gas works; and other works for the production and distribution of power and energy. surveys, inquiries and research, includingcensus; registration of births and deaths; registration of marriages; registration of adoptions other than adoptions under islamic law or malay custom; survey of the federation; social, economic and scientific surveys; meteorological organizations; scientific and technical research; and commissions of inquiry. education, includingelementary, secondary, and university education; vocational and technical education; training of teachers; registration and control of teachers, managers and schools; promotion of special studies and research; scientific and literary societies; libraries; museums; ancient and historical monuments and records; archaeological sites and remains. medicine and health including sanitation in the federal capital, and includinghospitals, clinics and dispensaries; medical profession; maternity and child welfare; lepers and leper institutions; lunacy and mental deficiency, including places for reception and treatment; poisons and dangerous drugs; and intoxicating drugs and liquors; manufacture and sale of drugs. labour and social security, includingtrade unions; industrial and labour disputes; welfare of labour including housing of labourers by employers; employer’s liability and workmen’s compensation; unemployment insurance; health insurance; widow’s, orphans’ and old age pensions; maternity benefits; provident and benevolent funds; superannuation; and charities and charitable institutions; charitable trusts and trustees excluding wakafs; hindu endowments. welfare of the aborigines. professional occupations other than those specifically enumerated. holidays other than state holidays; standard of time. unincorporated societies. control of agricultural pests; protection against such pests; prevention of plant diseases. newspapers; publications; publishers; printing and printing presses. censorship. subject to item 5 (f) of the state list: theatres; cinemas; cinematograph films; places of public amusement. (repealed). co-operative societies. tourism. subject to item 9a of the concurrent list, prevention and extinguishment of fire, including fire services and fire brigades. all matters relating to the federal territories, including the matters enumerated in items 2, 3, 4 and 5 of the state list and in the case of the federal territory of labuan, the matters enumerated in items 15, 16 and 17 of the supplement to state list for states of sabah and sarawak. list 2. state list except with respect to the federal territories of kuala lumpur, labuan and putrajaya, islamic law and personal and family law of persons professing the religion of islam, including the islamic law relating to succession, testate and intestate, betrothal, marriage, divorce, dower, maintenance, adoption, legitimacy, guardianship, gifts, partitions and non-charitable trusts; wakafs and the definition and regulation of charitable and religious trusts, the appointment of trustees and the incorporation of persons in respect of islamic religious and charitable endowments, institutions, trusts, charities and charitable institutions operating wholly within the state; malay customs; zakat, fitrah and baitulmal or similar islamic religious revenue; mosques or any islamic public places of worship, creation and punishment of offences by persons professing the religion of islam against precepts of that religion, except in regard to matters included in the federal list; the constitution, organisation and procedure of syariah courts, which shall have jurisdiction only over persons professing the religion of islam and in respect only of any of the matters included in this paragraph, but shall not have jurisdiction in respect of offences except in so far as conferred by federal law, the control of propagating doctrines and beliefs among persons professing the religion of islam; the determination of matters of islamic law and doctrine and malay custom. except with respect to the federal territories of kuala lumpur, labuan and putrajaya, land includingland tenure, relation of landlord and tenant; registration of titles and deeds relating to land; colonization, land improvement and soil conservation; rent restriction; malay reservations or, in the states of sabah and sarawak, native reservations; permits and licences for prospecting for mines; mining leases and certificates; compulsory acquisition of land; transfer of land, mortgages, leases and charges in respect of land; easements; and escheat; treasure trove excluding antiquities. except with respect to the federal territories of kuala lumpur, labuan and putrajaya, agriculture and forestry, includingagriculture and agricultural loans; and forests. local government outside the federal territories of kuala lumpur, labuan and putrajaya, includinglocal administration; municipal corporations; local, town and rural board and other local authorities; local government services, local rates, local government elections; obnoxious trades and public nuisances in local authority areas; and (repealed). except with respect to the federal territories of kuala lumpur, labuan and putrajaya, other services of a local character, that is to say: (repealed); boarding houses and lodging houses; burial and cremation grounds; pounds and cattle trespass; markets and fairs; and licensing of theatres, cinemas and places of public amusement. state works and water, that is to say: public works for state purposes; roads, bridges and ferries other than those in the federal list, regulation of weight and speed of vehicles on such roads; and subject to the federal list, water (including rivers and canals but excluding water supplies and services); control of silt; riparian rights. machinery of the state government, subject to the federal list, but includingcivil list and state pensions; exclusive state services; borrowing on the security of the state consolidated fund; loans for state purposes; public debt of the state; and fees in respect of any of the matters included in the state list or dealt with by state law. state holidays. creation of offences in respect of any of the matters included in the state list or dealt with by state law, proofs of state law and of things done thereunder, and proof of any matter for purposes of state law. inquiries for state purposes, including commissions of inquiry and collection of statistics with respect to any of the matters included in the state list or dealt with by state law. indemnity in respect of any of the matters in the state list or dealt with by state law. turtles and riverine fishing. libraries, museums, ancient and historical monuments and records and archaeological sites and remains, other than those declared to be federal by or under federal law. list 2a. supplement to state list for states of sabah and sarawak native law and custom, including the personal law relating to marriage, divorce, guardianship, maintenance, adoption, legitimacy, family law, gifts or succession, testate or intestate; registration of adoptions under native law or custom; the determination of matters of native law or custom; the constitution, organization, and procedure of native courts (including the right of audience in such courts), and the jurisdiction and powers of such courts, which shall extend only to the matters included in this paragraph and shall not include jurisdiction in respect of offences except in so far as conferred by federal law. incorporation of authorities and other bodies set up by state law, if incorporated directly by state law, and regulation and winding-up of corporations so created. ports and harbours, other than those declared to be federal by or under federal law; regulation of traffic by water in ports and harbours or on rivers wholly within the state, except traffic in federal ports or harbours; foreshores. cadastral land surveys. (repealed). in sabah, the sabah railway. (repealed). subject to the federal list, water supplies and services. list 2b. repealed list 3. concurrent list social welfare; social services subject to lists i and ii; protection of women, children and young persons. scholarships protection of wild animals and wild birds; national parks. animal husbandry; prevention of cruelty to animals; veterinary services; animal quarantine. town and country planning, except in the federal capital. vagrancy and itinerant hawkers. public health, sanitation (excluding sanitation in the federal capital) and the prevention of diseases. drainage and irrigation. rehabilitation of mining land and land which has suffered soil erosion. fire safety measures and fire precautions in the construction and maintenance of buildings. culture and sports. housing and provisions for housing accommodation; improvement trusts. subject to the federal list, water supplies and services. preservation of heritage. list 3a. supplement to concurrent list for states of sabah and sarawak personal law relating to marriage, divorce, guardianship, maintenance, adoption, legitimacy, family law, gifts or succession, testate or intestate. adulteration of foodstuffs and other goods. shipping under fifteen registered tons, including the carriage of passengers and goods by such shipping; maritime and estuarine fishing and fisheries. the production, distribution and supply of water power and of electricity generated by water power. agricultural and forestry research, control of agricultural pests, and protection against such pests; prevention of plant diseases. charities and charitable trusts and institutions in the state (that is to say, operating wholly within, or created and operating in, the state) and their trustees, including the incorporation thereof and the regulation and winding-up of incorporated charities and charitable institutions in the state. theatres; cinemas; cinematograph films; places of public amusement. elections to the state assembly held during the period of indirect elections. in sabah until the end of the year 1970 (but not in sarawak), medicine and health, including the matters specified in items 14 (a) to (d) of the federal list. list 3b. repealed tenth schedule. grants and sources of revenue assigned to states [articles 109, 112c, 161c(3)* [note this article has been repealed]] part 1. capitation grant 1 the capitation grant payable to each state in respect of a financial year shall be at the following rates: for the first 50,000 persons at the rate of $60.00 per person; for the next 500,000 persons at the rate of $8.50 per person; for the next 500,000 persons at the rate of $9.00 per person; for the remainder at the rate of $9.50 per person, and shall be based on the annual population projections of the state as determined by the federal government and calculated as of the last population census: provided that if the last census was taken one year before the beginning of the financial year, the grant for that particular year shall be based on the population as determined by that population census (repealed). part 2. state road grant the state road grant payable to each of the states of malaya in respect of a financial year shall be calculated by multiplyingthe average cost to a state of maintaining a mile of state road at the minimum standard determined for state roads in those states by the federal government after consultation with the national finance council; by so much of the mileage of state roads in the state as qualifies for grant. for the purpose of section 2the mileage of state roads in a state shall be taken to be that mileage as on the thirty-first day of december of the preceding financial year, and the average cost mentioned in paragraph (a) of that section shall be taken to be the average cost in that state calculated in the preceding financial year; and the maintenance of state roads means the preservation, upkeep and restoration of state roads, roadside furniture, bridges, viaducts or culverts forming part thereof or connected therewith as nearly as possible in their original condition as constructed or as subsequently improved. a length of state road if it is actually maintained by the public works department of the state at or above the minimum standard mentioned in section 2 (a) and a length of any road within the limit of a local authority if such road is certified by the public works department of the state as coming within the qualifying standard and maintained at or above the minimum standard as mentioned in section 2 (a) qualify for grant. in this part of this schedule, “state road” means any public road other than federal road, and any other road other than a federal road to which the public has access. 6 the state road grant payable to sabah or sarawak shall, in each of the years 1964 and 1965, be payable at the rate of $4,500 a mile in respect of a mileage in sabah of 1,151 miles and in sarawak of such amount as may be agreed between the federal and state governments. thereafter sections 2 to 5 shall apply to the state road grant so payable with the following modifications: the minimum standard mentioned in section 2 (a) shall be the minimum standard determined for state roads in the state; and any length of road maintained by a local authority at the expense of the state shall be treated as maintained by the public works department of the state. part 3. sources of revenue assigned to states revenue from toddy shops. revenue from lands, mines and forests. revenue from licences other than those connected with water supplies and services, mechanically propelled vehicles, electrical installations and registration of businesses. entertainments duty. fees in courts other than federal courts. fees and receipts in respect of specific services rendered by departments of the state governments. revenue of town boards, town councils, rural boards, local councils and similar local authorities other thanmunicipalities established under any municipal ordinance; those town boards, town councils, rural boards, local councils and similar local authorities which have power under written law to retain their revenues and control the spending thereof. receipts in respect of raw water. rents on state property. interest on state balances. receipts from land sales and sales of state property. fines and forfeitures in courts other than federal courts. zakat, fitrah and baitulmal and similar islamic religious revenue. treasure trove. part 4. special grants to states of sabah and sarawak 1 in the case of sarawak a grant of $5,800,000 in each year. in the case of sarawak, a grant of which the amount in 1964 and each of the four following years shall be respectively $3 ½m., $7m., $11 ½m., $16m. and $21m., and in later years shall be fixed on a review under article 112d. 2 in the case of sabah, a grant of an amount equal in each year to two-fifths of the amount by which the net revenue derived by the federation from sabah exceeds the net revenue which would have been so derived in the year 1963 ifthe malaysia act had been in operation in that year as in the year 1964; and the net revenue for the year 1963 were calculated without regard to any alteration of any tax or fee made on or after malaysia day, (“net revenue” meaning for this purpose the revenue which accrues to the federation, less the amounts received by the state in respect of assignments of that revenue). in the case of sabah, for any year before 1968 in which the state road grant is less than $5,179,500, a supplement to that grant of an amount equal to the deficiency. in either case, for any year before 1974 and, if at the beginning of 1974 the legislature of the state has power to make laws with respect to the carriage of passengers and goods by land or to mechanically propelled road vehicles, then during the continuance of that power, a grant equal to the cost to the state in the year of the state road transport department. part 5. additional sources of revenue assigned to states of sabah and sarawak import duty and excise duty on petroleum products. export duty on timber and other forest produce. so long as the royalty levied by the state on any mineral chargeable with export duty other than tin (but including mineral oils) does not amount to 10 per cent ad valorem calculated as for export duty, export duty on that mineral or such part of the export duty as makes the total of royalty and duty on exported mineral up to 10 per cent ad valorem so calculated. in the case of sabah, so long as medicine and health remains an item in the concurrent list and expenses in respect of that item are borne by the state, 30 per cent of all customs revenue other than that in respect of the duties mentioned in sections 1, 2 and 3. for any year before 1974 and, if at the beginning of 1974 the legislature of the state has power to make laws with respect to the carriage of passengers and goods by land or with respect to mechanically propelled road vehicles or licences connected with those vehicles, then during the continuance of that powers, fees from such licences. for any year before 1974, and if at the beginning of 1974 the legislature of the state has power to make laws with respect to the registration of mechanically propelled vehicles, then during the continuance of that power, fees from the registration of such vehicles. state sales taxes. fees and dues from ports and harbours other than federal ports and harbours. receipts in respect of water supplies and services, including water rates. revenue from licences connected with water supplies and services. eleventh schedule. provisions of the interpretation and general clauses ordinance, 1948 (malayan union ordinance no. 7 of 1948), applied for interpretation of the constitution [article 160(1)] section subject matter 2(56): meaning of “month”“month” means calendar month according to the gregorian calendar. 2(61): meaning of “person” and “party”“person” and “party” includes any body of persons, corporate or unincorporate. 2(88): definition of “subsidiary legislation”“subsidiary legislation” means any order in council, proclamation, rule, regulation, order, notification, by-law or other instrument made under any ordinance, enactment or other lawful authority and having legislative effect. 2(94): construction of masculine genderwords importing the masculine gender include females. 2(95): construction of singular or pluralwords in the singular include the plural, and words in the plural include the singular 2(96) meaning of “writing”“writing” and expressions referring to writing include printing, lithography, typewriting, photography, and other modes of representing or reproducing words or figures in visible form. 2(98) meaning of “year”“year” means a year reckoned according to the gregorian calendar. 7: formssave as is otherwise expressly provided, whenever forms are prescribed slight deviations therefrom, not affecting the substance or calculated to mislead, shall not invalidate them. 13: effect of repealwhere a written law repeals in whole or in part any other written law, then, unless the contrary intention appears, the repeal shall notrevive anything not in force or existing at the time at which the repeal takes effect; or affect the previous operation of any written law so repealed or anything duly done or suffered under any written law so repealed; or affect any right, privilege, obligation or liability acquired, accrued or incurred under any written law so repealed; or affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any written law so repealed; or affect any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the repealing law had not been passed. 21: (repealed). 23: general provisions with respect to power given to any authority to make subsidiary legislationwhere an ordinance or enactment confers power on any authority to make subsidiary legislation, such subsidiary legislation may at any time be amended, varied, rescinded or revoked by the same authority and in the same manner by and in which it was made. 28: construction of provisions as to exercise of powers and duties1) where a written law confers a power or imposes a duty, then, unless the contrary intention appears, the power may be exercised and the duty shall be performed from time to time as occasion requires. 2) where a written law confers a power or imposes a duty on the holder of an office as such, then, unless the contrary intention appears, the power may be exercised and the duty shall be performed by the holder of the office for the time being or by a person duly appointed to act for him. 29: power to appoint includes power to dismisswhere a written law confers upon any person or authority a power to make appointments to any office or place, the power shall, unless the contrary intention appears, be construed as including a power to dismiss or suspend any person appointed and to appoint another person temporarily in the place of any person so suspended or in place of any sick or absent holder of such office or place: provided that where the power of such person or authority to make such appointment is only exercisable upon the recommendation or subject to the approval or consent of some other person or authority, such power of dismissal shall, unless the contrary intention appears, only be exercisable upon the recommendation or subject to the approval or consent of such other person or authority. 30: construction of enabling wordswhere a written law confers power on any person to do or enforce the doing of any act or thing, all such powers shall be understood to be also conferred as are reasonably necessary to enable the person to do or enforce the doing of the act or thing. 32: official designation to include officer executing dutieswhen reference is made in any written law, instrument, warrant or process of any kind made or issued by the yang di-pertuan agong, or a ruler or any body or person having authority under any written law to make or to issue the same to any public officer by the term designating his office, such officer shall include the officer for the time being executing the duties of such office or any portion of such duties. 33: power of yang di-pertuan agong to provide for execution of duties of public officer during temporary absence or inability1) where by or under any written law any powers are conferred or any duties are imposed upon a public officer, the yang di-pertuan agong or, in the case of a public officer borne on the establishment of a state, the ruler of that state, may direct that if, during any period, owing to absence or inability to act from illness or any other cause, such public officer is unable to exercise the powers or perform the duties of his office in any place under his jurisdiction or control, such powers shall be had and may be exercised and such duties shall be performed in such place by a person named by, or by a public officer holding the office designated by, the yang di-pertuan agong or ruler, as the case may be; and thereupon such person or public officer, during any period as aforesaid, shall have and may exercise the powers and shall perform the duties aforesaid subject to such conditions, exceptions and qualifications as the yang di-pertuan agong or ruler may direct. 2) without prejudice to the provisions of subsection (1), when a substantive holder of any office is on leave of absence pending relinquishment of his office, it shall be lawful for another person to be appointed substantively in his place. 33c: powers of a board, etc., not affected by vacancy, etc.where by or under any written law any board, commission, committee or similar body, whether corporate or unincorporate, is established, then, unless the contrary intention appears, the powers and proceedings of such board, commission, committee or similar body shall not be affected byany vacancy in the membership thereof; any defect afterwards discovered in the appointment or qualification of a person purporting to be a member thereof; or any minor irregularity in the convening of any meeting thereof. 35: (repealed). 36: computation of timein computing time for the purposes of any written law, unless the contrary intention appearsa period of days from the happening of an event or the doing of any act or thing shall be deemed to be exclusive of the day in which the event happens or the act or thing is done; if the last day of the period is a weekly holiday or a public holiday (which days are in this section referred to as excluded days) the period shall include the next following day not being an excluded day; when any act or proceeding is directed or allowed to be done or taken on a certain day, then, if that day happens to be an excluded day, the act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards, not being an excluded day; when an act or proceeding is directed or allowed to be done or taken within any time not exceeding six days, excluded days shall not be reckoned in the computation of the time. 38: provision when no time prescribedwhere no time is prescribed or allowed within which anything shall be done, such thing shall be done with all convenient speed and as often as the prescribed occasion arises. 39: construction of power of extending timewhere in any written law a time is prescribed for doing any act or taking any proceeding and power is given to a court or other authority to extend such time, unless the contrary intention appears the power may be exercised by the court or other authority although the application for the same is not made until after the expiration of the time prescribed. 40a: solicitor general to exercise powers of attorney general1) unless in any written law it is otherwise expressly provided, the solicitor general may perform any of the duties and may exercise any of the powers of the attorney general. 2) where the yang di-pertuan agong or any other person has lawfully delegated his powers to the attorney general such delegation shall, unless otherwise expressly provided, be deemed to be delegation of powers to both the attorney general and the solicitor general. 42: public officersa reference in any written law to any public officer by the usual or common title of his office shall, if there be such an office customarily in the federation or any state and unless the contrary intention appears, be read and construed as referring to the person for the time being holding or carrying out the duties of that office in the federation or state, as the case may be. 44: construction of references to lawsin any written law a description or citation of a portion of another written law shall, unless a contrary intention appears, be construed as including the word, section or other part mentioned or referred to as forming the beginning and as forming the end of the portion comprised in the description or citation. 46: (repealed). twelfth schedule. repealed thirteenth schedule. provisions relating to delimitation of constituencies [articles 113, 116, 117] part 1. declaration of and principles relating to the delimitation of constituencies the constituencies for the election of members to the house of representatives and the legislative assemblies of the states shall, until altered in accordance with the provisions of this schedule, be those first used for elections to the house or assembly, as the case may be, pursuant to this constitution or the malaysia act. the following principles shall as far as possible be taken into account in dividing any unit of review into constituencies pursuant to the provisions of articles 116 and 117while having regard to the desirability of giving all electors reasonably convenient opportunities of going to the polls, constituencies ought to be delimited so that they do not cross state boundaries and regard ought to be had to the inconveniences of state constituencies crossing the boundaries of federal constituencies; regard ought to be had to the administrative facilities available within the constituencies for the establishment of the necessary registration and polling machines; the number of electors within each constituency in a state ought to be approximately equal except that, having regard to the greater difficulty of reaching electors in the country districts and the other disadvantages facing rural constituencies, a measure of weightage for area ought to be given to such constituencies; regard ought to be had to the inconveniences attendant on alterations of constituencies, and to the maintenance of local ties. for the purposes of this part, the number of electors shall be taken to be as shown on the current electoral rolls. for the purposes of this part, in any review of constituencies for the purposes of election to the house of representatives, the federal territory of kuala lumpur, the federal territory of labuan and the federal territory of putrajaya shall each be regarded as a state. part 2. procedure for delimitation of constituencies where the election commission have provisionally determined to make recommendations under clause (2) of article 113 affecting any constituency, they shall inform the speaker of the house of representatives and the prime minister accordingly, and shall publish in the gazette and in at least one newspaper circulating in the constituency a notice statingthe effect of their proposed recommendations, and (except in a case where they propose to recommend that no alteration be made in respect of the constituency) that a copy of their recommendations is open to inspection at a specified place within the constituency; and that representations with respect to the proposed recommendations may be made to the commission within one month after the publication of such notice, and the commission shall take into consideration any representations duly made in accordance with any such notice. where, on the publication of the notice under section 4 of a proposed recommendation of the election commission for the alteration of any constituencies, the commission receive any representation objecting to the proposed recommendations fromthe state government or any local authority whose area is wholly or partly comprised in the constituencies affected by the recommendation; or a body of one hundred or more persons whose names are shown on the current electoral rolls of the constituencies in question, the commission shall cause a local enquiry to be held in respect of those constituencies. in relation to any enquiry held under section 5 the election commission shall have all the powers conferred on commissioners by the commissions of enquiry act 1950 [act 119]. where the election commission revise any proposed recommendations after publishing a notice thereof under section 4, the commission shall comply again with that section in relation to the revised recommendations, as if no earlier notice had been published: provided that it shall not be necessary to hold more than two local enquiries in respect of any such recommendations. the election commission shall, having completed the procedure prescribed by this part, submit to the prime minister a report on constituencies showingthe constituencies into which they recommend that each unit of review should be divided in order to give effect to the principles set out in section 2; and the names by which they recommend that those constituencies shall be known, or stating that in their opinion no alteration is required to be made in order to give effect to the said principles. as soon as may be after the election commission have submitted their report to the prime minister under section 8, he shall lay the report before the house of representatives, together (except in a case where the report states that no alteration is required to be made) with the draft of an order to be made under section 12 for giving effect, with or without modifications, to the recommendations contained in the report. if any draft order referred to in section 9 is approved by the house of representatives by resolution supported by the votes of not less than one-half of the total number of members of that house, the prime minister shall submit the draft order to the yang dipertuan agong. if a motion for the approval of any draft order referred to in section 9 is rejected by the house of representatives, or is withdrawn by leave of the house, or is not supported by the votes of not less than one-half of the total number of members of the house, the prime minister may, after such consultation with the election commission as he may consider necessary, amend the draft and lay the amended draft before the house of representatives; and if the draft as so amended is approved by the house by a resolution supported by the votes of not less than one-half of the total number of members of the house, the prime minister shall submit the amended draft to the yang di-pertuan agong. where the draft of an order is submitted to the yang di-pertuan agong under this part, the yang di-pertuan agong shall make an order in the terms of the draft submitted to him, and the order shall come into force on such date as may be specified therein: provided that the coming into force of any such order shall not affect any election to the house of representatives or a legislative assembly until the next dissolution of parliament or the assembly, as the case may be, occurring on or after the date. preamble in the name of god, the almighty, we the people of the gambia have accomplished a great and historic task. we have had our say on how we should be governed. for this constitution contains our will and resolve for good governance and a just, secure and prosperous society. our hopes and aspirations as a people were reflected in the enthusiasm and zeal with which we embarked on the task of nation building on the attainment of independence. the self-perpetuating rule of the recent past, however, soon gave rise to the abuse of office and related vices which negated the total welfare of the gambian people. the sovereign people of the gambia therefore endorsed the change of government on 22nd july 1994 to rectify such evils. this constitution provides for us a fundamental law, which affirms our commitment to freedom, justice, probity and accountability. it also affirms the principle that all power emanate from the sovereign will of the people. the fundamental rights and freedoms enshrined in this constitution, will ensure for all time respect for and observance of human rights and fundamental freedoms for all, without distinction as to ethnic considerations, gender, language or religion. in acknowledging our fundamental rights we also affirm our duties and responsibilities as citizens of this country. this constitution guarantees participatory democracy that reflects the undiluted choice of the people. the functions of the arms of government have been clearly defined, their independence amply secured with adequate checks and balances to ensure that they all work harmoniously together toward our common good. as we usher in the second republic and beyond we give ourselves and generations of gambians yet unborn this constitution as a beacon of hope for peace and stability in our society and the good governance of the gambia for all time. in this spirit, we continue to pledge our firm allegiance to our beloved country and pray that the great god of nations will keep us all ever true to the gambia. chapter i. the republic 1. the republic the gambia is a sovereign republic. the sovereignty of the gambia resides in the people of the gambia from whom all organs of government derive their authority and in whose name and for whose welfare and prosperity the powers of government are to be exercised in accordance with this constitution. 2. public seal the public seal shall be the seal in existence immediately before this constitution comes into force or such other seal as may be prescribed by an act of the national assembly. the public seal shall be used exclusively for authenticating matters of state and no person or organisation, other than the government of the gambia and those persons who may be authorised in accordance with an act of the national assembly, may use the design of the seal or any design resembling it as such person's or organisation's emblem. 3. national flag and anthem the national flag shall be a flag of the design set out in schedule 1. the national anthem shall be the anthem in use immediately before this constitution comes into force. chapter ii. the constitution and the laws 4. supremacy of the constitution this constitution is the supreme law of the gambia and any other law found to be inconsistent with any provision of this constitution shall, to the extent of the inconsistency, be void. 5. enforcement of the constitution a person who alleges thatany act of the national assembly or anything done under the authority of an act of the national assembly; or any act or omission of any person or authority, is inconsistent with or is in contravention of a provision of this constitution, may bring an action in a court of competent jurisdiction for a declaration to that effect. the court may make orders and give directions as it may consider appropriate for giving effect, or enabling effect to be given, to such a declaration and any person to whom any order or direction is addressed shall duly obey and carry out the terms of the order or direction. the failure to obey or carry out any order made or direction given under subsection (2) shall constitute the offence of violating the constitution andshall, in the case of the president or vice-president, constitute a ground for his or her removal from office in accordance with section 67; and any other person who is convicted of that offence shall be liable to the penalty prescribed by an act of the national assembly. 6. defence of the constitution any person whoby himself or herself or in concert with others, by any violent or other unlawful means, suspends or overthrows or abrogates this constitution or any part of it, or attempts to do any such act; or aids and abets in any manner any person referred to in paragraph (a), commits the offence of treason and shall, on conviction, be liable to the penalty prescribed by an act of the national assembly for that offence. all citizens of the gambia have the right and the duty at all times to defend this constitution and, in particular, to resist, to the extent reasonably justifiable in the circumstances, any person or group of persons seeking or attempting by any violent or unlawful means to suspend, overthrow or abrogate this constitution or any part of it. a person who resists the suspension, overthrow or abrogation of this constitution as provided in subsection (2), commits no offence. 7. the laws of the gambia in addition to this constitution, the laws of the gambia consist ofacts of the national assembly made under this constitution and subsidiary legislation made under such acts; any orders, rules, regulations or other subsidiary legislation made by a person or authority under a power conferred by this constitution or any other law; the existing laws including all decrees passed by the armed forces provisional ruling council; the common law and principles of equity; customary law so far as concerns members of the communities to which it applies; the sharia as regards matters of marriage, divorce and inheritance among members of the communities to which it applies. chapter iii. citizenship 8. citizens on the commencement of the constitution every person who, immediately before the coming into force of this constitution, is a citizen of the gambia, shall, subject to this constitutioncontinue to be a citizen of the gambia; retain the same status as a citizen by birth, by descent, by registration or by naturalisation, as the case may be, as he or she enjoyed immediately before the coming into force of this constitution. 9. citizen by birth every person born in the gambia after the coming into force of this constitution shall become a citizen of the gambia at the date of his or her birth if, at the time of his or her birth, one or both of his or her parents is a citizen of the gambia. 10. citizen by descent a person born outside the gambia after the coming into force of this constitution shall be a citizen of the gambia by descent if at the time of his or her birth either of his or her parents is a citizen of the gambia otherwise than by virtue of this section or any comparable provision of any earlier constitution. 11. marriage to a citizen any person whois married to a citizen of the gambia and, since the marriage, has been ordinarily resident in the gambia for a period of not less than seven years; or has been married to another who was, during the subsistence of the marriage, a citizen of the gambia and, since the end of the marriage (whether by annulment, divorce or death), has been ordinarily resident in the gambia for a period of not less than seven years, shall be entitled, upon making application in such manner as may be prescribed by or under an act of the national assembly, to be registered as a citizen of the gambia. the annulment of a marriage of a person who has been registered as a citizen of the gambia under this section, or under the provisions of any earlier law for the registration as a citizen of the gambia of a person on account of marriage, shall not affect that person's status as a citizen of the gambia. 12. naturalisation as a citizen any person who has been ordinarily resident in the gambia for a continuous period of not less than fifteen years and who satisfies the conditions set out in subsection (2) may apply, in such manner as may be prescribed by or under an act of the national assembly, to be naturalised as a citizen of the gambia. the conditions referred to in subsection (1) are that the applicantis of full age and capacity; is of good character; has clearly shown that, if naturalised, he or she intends to continue permanently to reside in the gambia; is capable of supporting himself or herself and his or her dependants. the secretary of state shall give reasons for any refusal of an application made under this section. no person shall be naturalized until he or she has renounced any other citizenship he or she may have and taken an oath of allegiance to the gambia. 12a. dual citizenship a citizen of the gambia who acquires the citizenship of another country may, if he or she desires, retain his or her citizenship of the gambia an act of the national assembly may make provision for the better implementation of this section. 13. deprivation of citizenship the secretary of state may apply to the high court for an order depriving a person who has been registered or naturalised as a citizen of the gambia of his or her citizenship on the grounds that he or shehas acquired by registration, naturalisation or any voluntary and formal act (other than marriage) the citizenship of any other country; has acquired the citizenship of gambia by means of fraud, false representation or the concealment of any material fact; has, at any time since acquiring citizenship of the gambia, voluntarily claimed and exercised in a country other than the gambia any rights available to him or her under the laws of that country, being rights accorded exclusively to its citizens; has within seven years after being registered or naturalised been convicted in any country of an offence involving fraud, dishonesty or moral turpitude. and, in the cases referred to in paragraphs (c) and (d), it is not conducive to the public good that he or she should continue to be a citizen of the gambia. before making any application for an order under this section, the secretary of state shall give notice in writing to the person concerned of the grounds for the application and of his or her right to be heard and to be legally represented at the hearing of the application before the court. if the high court is satisfied that the secretary of state has established that the person concerned has acted in a manner described in subsection (1) and notified to that person, and, in a case referred to in paragraph (c) or (d) of sub-section (1) that it is not conducive to the public good that the person concerned should continue to be a citizen of the gambia, it shall make an order depriving that person of his or her citizenship of the gambia. nothing in this or any other provision of this constitution or any other law shall be construed as depriving, or authorising any person or authority to deprive, any citizen of the gambia by birth or descent of his or her citizenship of the gambia whether on account of such citizen's holding the citizenship or nationality of some other country or for any other cause. 14. restoration of citizenship a citizen of the gambia who loses his or her citizenship of the gambia as a result of the acquisition or possession of the citizenship of some other country shall, on the renunciation of the citizenship of that other country, be entitled to be registered, or if he or she was formerly a citizen by birth or descent, to be officially recognised, as a citizen of the gambia. 15. acts of the national assembly an act of the national assembly may make provision forthe acquisition of the citizenship of the gambia by persons who are not eligible to become citizens under the provisions of this chapter; the renunciation by any person of his or her citizenship of the gambia; and generally to give effect to the provisions of this chapter. 16. interpretation of chapter iii in this chapter, "secretary of state" means the secretary of state for the time being responsible for citizenship matters. for the purposes of this chapter, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the government of any country, shall be deemed to have been born in the place in which the ship or aircraft is registered or, as the case may be, in that country. any reference in this chapter to the citizenship of a parent of a person at the time of that person's birth, shall, in relation to a person born after the death of that parent, be construed as a reference to that parent's citizenship at the time of death. chapter iv. protection of fundamental rights and freedoms 17. fundamental rights and freedoms the fundamental human rights and freedoms enshrined and in this chapter shall be respected and upheld by all organs of the executive and its agencies, the legislature and, where applicable to them, by all natural and legal persons in the gambia, and shall be enforceable by the courts in accordance with this constitution. every person in the gambia, whatever his or her race, colour, gender, language, religion, political or other opinion, national or social origin, property, birth or other status, shall be entitled to the fundamental human rights and freedoms of the individual contained in this chapter, but subject to respect for the rights and freedoms of others and for the public interest. 18. protection of right to life no person shall be deprived of his or her life the intentionally except in the execution of a sentence of death imposed by a court of competent jurisdiction in respect of a criminal offence for which the penalty is death under the laws of the gambia as they have effect in accordance with subsection (2) and of which he or she has been lawfully convicted. as from the coming into force of this constitution, no court in the gambia shall be competent to impose a sentence of death for any offence unless the sentence is prescribed by law and the offence involves violence, or the administration of any toxic substance, resulting in the death of another person. the national assembly shall within ten years from the date of the coming into force of this constitution review the desirability or otherwise of the total abolition of the death penalty in the gambia. without prejudice to any liability for a contravention of any other law with respect to the use of force in such cases as are hereinafter mentioned, a person shall not be regarded as having been deprived of his or her life in contravention of this section if he or she dies as a result of the use of force to such extent as is reasonably justifiable in the circumstances of the case, that is to sayfor the defence of any person from unlawful violence or for the defence of property; in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; for the purpose of suppressing a riot, insurrection or mutiny; in order to prevent the commission by that person of a criminal offence, or if he or she dies as a result of a lawful act of war. 19. protection of right to personal liberty every person shall have the right to liberty and security of person. no one shall be subjected to arbitrary arrest or detention. no one shall be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established by law. any person who is arrested or detained shall be informed as soon as is reasonably practicable and in any case within three hours, in a language that he or she understands, of the reasons for his or her arrest or detention and of his or her right to consult a legal practitioner. any person who is arrested or detainedfor the purpose of bringing him or her before a court in execution of the order of a court; or upon reasonable suspicion of his or her having committed, or being about to commit, a criminal offence under the law of the gambia, and who is not released, shall be brought without undue delay before a court and, in any event, within seventy-two hours. where any person is brought before a court in execution of the order of a court in any proceedings or upon suspicion of his or her having committed or being about to commit an offence, he or she shall not thereafter be further held in custody in connection with those proceedings or that offence save upon the order of a court. if any person arrested or detained as mentioned in subsection (3) (b) is not tried within a reasonable time, then without prejudice to any further proceedings which may be brought against him or her, he or she shall be released either unconditionally or upon reasonable conditions, including, in particular, such conditions as are reasonably necessary to ensure that he or she appears at a later date for trial or proceedings preliminary to trial. any person who is unlawfully arrested or detained by any other person shall be entitled to compensation from that other person or from any other person or authority on whose behalf that other person was acting. 20. protection from slavery and forced labour no person shall be held in slavery or servitude. no person shall be required to perform forced labour. for the purposes of this section, the expression "forced labour" does not includeany labour required in consequence of a sentence or order of a court; labour required of any person while he or she is lawfully detained that, though not required in consequence of the sentence or order of the court, is reasonably necessary in the interests of hygiene for the maintenance of the place in which he or she is detained; any labour required of a member of a defence force in pursuance of his or her duties as such or, in the case of a person who has conscientious objections to service as a member of any naval, military or air force, any labour which that person is required by law to perform in place of such service; any labour required during a period of public emergency or in the event of any other emergency or calamity which threatens the life or well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purposes of dealing with that situation; or any labour reasonably required as part of reasonable and normal communal or other civic obligations. 21. protection from inhuman treatment no person shall be subject to torture or inhuman or degrading punishment or other treatment. 22. protection from deprivation of property no property of any description shall be taken possession of compulsorily, and no right over or interest in any such property shall be acquired compulsorily in any part of the gambia, except where the following conditions are satisfiedthe taking possession or acquisition is necessary in the interest of defence, public safety, public order, public morality, public health, town and country planning, or the development or utilisation of any property in such manner as to promote the public benefit; and the necessity therefor is such as to afford reasonable justification of the causing of any hardship that may result to any person having any interest in or right over the property; and provision is made by law applicable to that taking of possession or acquisitionfor the prompt payment of adequate compensation; and securing to any person having an interest in or right over the property, a right of access to a court or other impartial and independent authority for the determination of his or her interest or right, the legality of the taking of possession or acquisition of the property, interest or right, and the amount of any nothing in this section shall be construed as affecting the making of any law in so far as it provides for the taking or acquisition of property in satisfaction of any tax, rate or due; by way of penalty for breach of law, whether under civil process or after conviction of a criminal offence; as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract; by way of the vesting or administration of trust property, enemy property, bona vacantia, or the property of persons adjudges or otherwise declared bankrupt or insolvent, persons of unsound mind; in the execution of judgements or orders of courts; by reason of such property being in a dangerous state or liable to cause injuries to the health of human beings, animals or plants; in consequence of any law with respect to the limitation of actions; or for so long as such taking of possession may be necessary for the purpose of any examination, investigation, trial or inquiry, or, in the cases of land, the carrying out thereon. of work of soil conservation or the conservation of other resources; or of agricultural development or improvement which the owner occupier of the land has been required and has without reasonable or lawful excuse refused or failed, to carryout, except so far as that provision, or as the case may be the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. nothing in this section shall be construed as affecting the making or operation of any law for the compulsory taking in the public interest of any property, or the compulsory acquisition in the public interest of any interest in or right over property, where that property interest is held by a body corporate which is established directly by any law and in which no monies are provided by an act of the national assembly. where a compulsory acquisition of land by or on behalf of the government involves the displacement of any inhabitant who occupy the land under customary law, the government shall resettle the displaced inhabitants on suitable alternative land with due regard to their economic well-being and social and cultural values. any such property of whatever description compulsorily taken possession of, and any interest in or right over property of any description compulsorily acquired in the public interest for a public purpose for which it is taken or acquired. where any such property as is referred to in subsection (5) is not used in the public interest or for the public purpose for which it was taken or acquired, the person who was the owner immediately before the compulsory taking or acquisition, as the case may be, shall be given the first option of acquiring that property, in which event he or she shall be required to refund the whole or such part of the compensation as may be agreed upon between the parties thereto; and in the absence of any such agreement such amount as shall be determined by the high court. 23. privacy no person shall be subject to interference with the privacy of his or her home, correspondence or communications save as is in accordance with law and is necessary in a democratic society in the interests of national security, public safety of the economic well-being of the country, for the protection of health or morals, for the prevention of disorder or crime or for the protection of the rights and freedoms of others. searches of the person or the home of individuals shall only be justified where these are authorised by a competent judicial authority; in cases where delay in obtaining such judicial authority carries with it the danger of prejudicing the objects of the search or the public interest and such procedures as are prescribed by an act of the national assembly to preclude abuse are properly satisfied. 24. provision to secure protection of the law and fair trial any court or other adjudicating authority established by law for the determination of any criminal trial or matter, or for the determination of the existence or extent of any civil right or obligation, shall be independent and impartial; and if any person is charged with a criminal offence, then, unless the charge is withdrawn; or where proceedings are commenced for the determination or the existence of any civil right or obligation, the case shall be afforded a fair hearing within a reasonable time. all proceedings of every court and proceedings relating to the determination of the existence or extent of civil rights or obligations before any other authority, including the announcement of the decision of the court or other authority, shall be held in public. provided that the court or other authority may, to such extent as it may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or interlocutory civil proceedings, or to such extent as it may be empowered or required by law to do so in the interest of defence, public safety, public order, public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings, exclude from its proceedings persons other than the parties thereto and their legal representatives. every person who is charged with a criminal offenceshall be presumed innocent until he or she is proved, or has pleaded, guilty; shall be informed at the time he or she is charged, in a language which he or she understands and in detail, of the nature of the offence charged; shall be given adequate time and facilities for the preparation of his or her defence; shall be permitted to defend himself or herself before the court in person or, at his or her own expense, by a legal representative of his or her own choice; provided that where a person is charged with an offence which carries a punishment of death or imprisonment for life, that person shall be entitled to legal aid at the expense of the state. shall be afforded facilities to examine in person or by his or her legal representative the witnesses called by the prosecution before the court and to obtain the attendance and carry out the examination of witnesses to testify on his or her behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and shall be permitted to have without payment the assistance of an interpreter if he or she cannot understand the language used at the trial of the charge; and, except with his or her own consent, the trial shall not take place in his or her absence unless he or she so conducts himself or herself as to render the continuance of the proceedings in his or her presence impractical and the court has ordered him or her to be removed and the trial to proceed in his or her absence. when a person is tried for any criminal offence, the accused person or any person authorised by him or her in that behalf shall, if he or she requires and subject to the payment of such reasonable fee as may be prescribed by law, be given within a reasonable time, and in any event within thirty days after the end of the trial, a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court. no person shall be charged with or held to be guilty of a criminal offence on account of any act or omission which did not at the time it took place constitute such an offence, and no penalty shall be imposed for any criminal offence which is more severe in degree or description than the maximum penalty which might have been imposed for that offence at the time when it was committed. no person who shows that he or she has been tried by any competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other offence of which he or she could have been convicted at the trial for that offence save upon the order of a superior court made in the course of appeal or revision proceedings relating to the conviction or acquittal: provided that nothing in any law shall be held to be inconsistent with or in contravention of this subsection by reason only that it authorises any court to try a member of a defence force for a criminal offence notwithstanding any trial or conviction of the member under service law; but any court so trying such a member and convicting him or her shall, in sentencing him or her to any punishment, take into account any punishment awarded him or her under service law. no person shall be tried for a criminal offence if he or she shows he or she has been pardoned for that offence: no person charged with a criminal offence shall be compelled to give evidence at the trial. a person charged with a criminal offence in the high court shall have the right to elect to be tried by a jury. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention ofsubsection (3) (a), to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts; subsection (3) (e), to the extent that the law in question imposes reasonable conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds. 25. freedom of speech, conscience, assembly, association and movement every person shall have the right tofreedom of speech and expression, which shall include freedom of the press and other media; freedom of thought, conscience and belief, which shall include academic freedom; freedom to practise any religion and to manifest such practice; freedom to assemble and demonstrate peaceably and without arms; freedom of association, which shall include freedom to form and join associations and unions, including political parties and trade unions; freedom to petition the executive for redress of grievances and to resort to the courts for the protection of his or her rights. every person lawfully within the gambia shall have the right to move freely throughout the gambia, to chose his or her own place of residence within the gambia, and to leave the gambia. every citizen of the gambia shall have the right to return to the gambia. the freedoms referred to in subsections (1) and (2) shall be exercised subject to the law of the gambia in so far as that law imposes reasonable restrictions on the exercise of the rights and freedoms thereby conferred, which are necessary in a democratic society and are required in the interests of the sovereignty and integrity of the gambia, national security, public order, decency or morality, or in relation to contempt of court. 26. political rights every citizen of the gambia of full age and capacity shall have the right, without unreasonable restrictionsto take part in the conduct of public affairs, directly or through freely chosen representatives; to vote and stand for elections at genuine periodic elections for public office, which elections shall be by universal and equal suffrage and be held by secret ballot; to have access, on general terms of equality, to public service in the gambia. 27. right to marry men and women of full age and capacity shall have the right to marry and found a family. marriage shall be based on the free and full consent of the intended parties. 28. rights of women women shall be accorded full and equal dignity of the person with men. women shall have the right to equal treatment with men, including equal opportunities in political, economic and social activities. 29. rights of children children shall have the right from birth to a name, the right to acquire a nationality and, subject to legislation enacted in the best interest of children, to know and be cared for by their parents. children under the age of sixteen years are entitled to be protected from economic exploitation and shall not be employed in or required to perform work that is likely to be hazardous or to interfere with their education or be harmful to their health or physical, mental, spiritual, moral or social development. a juvenile offender who is kept in lawful custody shall be kept separately from adult offenders. 30. right to education all persons shall have the right to equal educational opportunities and facilities and with a view to achieving the full realisation of that rightbasic education shall be free, compulsory and available to all; secondary education, including technical and vocational education, shall be made generally available and accessible to all by every appropriate means, and in particular, by the progressive introduction of free education; higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular, by progressive introduction of free education; functional literacy shall be encouraged or intensified as far as possible; the development of a system of schools with adequate facilities at all levels shall be actively pursued. 31. rights of the disabled the right of the disabled and handicapped to respect and human dignity shall be recognised by the state and society. disabled persons shall be entitled to protection against exploitation and to protection against discrimination, in particular as regards access to health services, education and employment. in any judicial proceedings in which a disabled person is a party, the procedure shall take his or her condition into account. 32. culture every person shall be entitled to enjoy, practice, profess, maintain and promote any culture, language, tradition or religion subject to the terms of this constitution and to the condition that the rights protected by this section do not impinge on the rights and freedoms of others or the national interest, especially unity. 33. protection from discrimination all persons shall be equal before the law. subject to the provisions of subsection (5), no law shall make any provision which is discriminatory either of itself or in its effect. subject to the provisions of subsection (5), no person shall be treated in a discriminatory manner by any person acting by virtue of any law or in the performance of the functions of any public office or any public authority. in this section, the expression "discrimination" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, colour, gender, language, religion, political or other opinion, national or social origin, property, birth or other status whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject, or are accorded privileges or advantages which are not accorded to persons of another such description. subsection (2) shall not apply to any law in so far as that law makes provisionwith respect to persons who are not citizens of the gambia or to qualifications for citizenship; with respect to the qualifications prescribed by this constitution for any office; with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law; for the application in the case of members of a particular race or tribe of customary law with respect to any matter in the case of persons who, under that law, are subject to that law. subsection (3) shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (5). the exercise of any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by the constitution or any other law shall not be enquired into by any court on the grounds that it contravenes the provisions of subsection (3). 34. declaration of state of public emergency the president may, at any time, by proclamation published in the gazette, declare thata state of public emergency exists in the whole or any part of the gambia; a situation exists which, if it is allowed to continue, may lead to a state of public emergency. a declaration made under this section shall lapse at the expiration of a period of seven days, or if the national assembly is not then in session twenty-one days, beginning on the day on which the proclamation is published in the gazette unless, before the expiration of that period, it has been approved by a resolution of the national assembly supported by the votes of not less than two-thirds of all the members thereof. a declaration made under subsection (1) may at any time be revoked by the president by proclamation which shall be published in the gazette. a declaration made under subsection (1) that has been approved by a resolution of the national assembly shall, subject to subsection (3), remain in force so long as that resolution remains in force and no longer. a resolution of the national assembly passed for the purpose of this section shall remain in force for ninety days or such shorter period as may be specified therein: provided thatany such resolution may be extended from time to time by a further resolution supportedin the case of a first extension, by the votes, in the case of a subsequent extension, by the votes of not less than three-quarters of all the members of the national assembly, but no extension shall exceed ninety days from the date of the resolution effecting the extension; and any such resolution may be revoked at any time by a resolution supported by the votes of the majority of all the members of the national assembly. any provision of this section that a declaration shall lapse or cease to be in force at any particular time shall be without prejudice to the making of a further declaration under this section whether before or after that time. 35. derogations from fundamental rights under emergency powers an act of the national assembly may authorise the taking, during any period of public emergency, of measures that are reasonably justifiable for dealing with the situation that exists in the gambia. nothing contained in or done under the authority of such an act shall be held to be inconsistent with or in contravention of sections 19, 23, 24 (other than subsections (5) to (8) thereof) or 25 of this constitution to the extent that it is reasonably justifiable in the circumstances arising or existing during a period of public emergency for the purpose for dealing with the situation. 36. persons detained under emergency powers where a person is detained by virtue of or under any act of the national assembly referred to in section 35, the following provisions shall applyhe or she shall, as soon as reasonably practicable, and in any case not later than twenty four hours after the commencement of the detention, be furnished with a statement in writing specifying in detail the grounds upon which he or she is detained; and the statement shall be read, and, if necessary, interpreted, to the person who is detained in a language which he or she understands; the spouse, parent, child or other available next-of-kin of the person detained shall be informed by the authority effecting the detention and shall be permitted access to the person concerned at the earliest practicable opportunity, and in any case not later than twenty-four hours after the commencement of the detention; where none of the persons mentioned in paragraph (b) can be traced or none of them is willing and able to see the person detained, the person who is detained shall be informed of this fact within twenty four hours of the commencement of the detention and he or she shall be informed of his or her right to name and give particulars of some other person who shall have the same right of access to the person who is detained as any of the persons mentioned in paragraph (b); not more than fourteen days after the commencement of his or her detention, the authority which effected the same shall give notice in the gazette stating that he or she has been detained and giving particulars of the provision of law under which the detention is authorised; not more than thirty days after the commencement of his or her detention, and after that at intervals of not more than ninety days during the continuance of his or her detention, the case of the person concerned shall be reviewed by a tribunal as provided in subsection (2); the person who is detained shall be afforded every possible facility to consult a legal practitioner of his or her choice who shall be permitted to make representation to the tribunal appointed to review the case; at the hearing before the tribunal appointed for the review of his or her case, the person detained shall be entitled to appear in person or by a legal practitioner of his or her choice and at his or her own expense. a tribunal appointed to review the cases of persons who have been detained shall be composed of three persons being, or qualified to be appointed as, judges of the high court. a tribunal composed of the same members shall not review more than once the case of a particular person who has been detained. on a review by a tribunal of the case of a person who has been detained, the tribunal may order the release of the person or it may uphold the detention; and the authority by which the detention was ordered shall act in accordance with the decision of the tribunal for the release of any person. no person may be detained under or by virtue of an act of the national assembly referred to in section 35 during any state of emergency in excess of a total of one hundred and eighty two days (whether such days are consecutive or not) and, on the expiry of that period, any person who has been so detained shall be entitled to invoke the provisions of section 19 (right to personal liberty). in every month during the period in which a state of public emergency is in force and in which there is a sitting of the national assembly, a secretary of state authorised by the president shall make a report to the national assembly of the number of persons detained by virtue of or under an act of the national assembly to which section 35 refers and the number of cases in which the authority which ordered the detention has acted in accordance with the decisions of the tribunal as provided in subsection (4). for the avoidance of doubt it is hereby declared that where the declaration of a state of public emergency is revoked or otherwise ceases to be in force, any person who is in detention or in custody by virtue of or under an act of the national assembly to which section 35 refers, other than a person sentenced to imprisonment by a court for an offence against such a law for a term which has not then expired, shall be released immediately without further order. 37. enforcement of protective provisions if any person alleges that any of the provisions of sections 18 to 33 or section 36(5) of this chapter has been, is being, or is likely to be contravened in relation to himself or herself by any person he or she may apply to the high court for redress. an application may be made under this section in the case of a person who is detained by some other person acting on the detained person's behalf. an application under this section shall be without prejudice to any other action with respect to the same matter which is lawfully available. if in any proceedings in any court subordinate to the high court any question arises as to the contravention of any of the provisions of the said sections 18 to 33 or section 36(5), that court may, and shall if any party so requests, refer the question to the high court, unless, in the opinion of the subordinate court, the raising of the question is merely frivolous or vexatious. the high court shallhear and determine any application made by any person pursuant to subsection (1) or (2); determine any question arising in the case of any person which is referred to it in pursuance of subsection (4) and may, in addition to the powers conferred on it by section 5 (which relates to defence of the constitution) make such order, issue such writ, and give such directions as it may consider appropriate for the purposes of enforcing or securing the enforcement of any of the provisions of the said sections 18 to 33 or section 36(5) to the protection of which the person concerned is entitled: provided that the high court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law. the high court shall consider every application and reference referred to it in pursuance of this section and, having heard arguments by or on behalf of the parties, shall pronounce its decision on the question in open court as soon as may be, and in the case of a reference under subsection (4), not later than thirty days after the conclusion of the final addresses of the parties. an act of the national assembly may confer on the high court such powers in addition to those conferred by this section as may appear to be necessary or desirable for the purpose of enabling the court more effectively to exercise the jurisdiction conferred upon it by this section. the rights, duties, declarations and guarantees relating to the fundamental human rights and freedoms specifically mentioned in this chapter shall not be regarded as excluding other rights which may be prescribed by act of the national assembly as inherent in a democracy and intended to secure the freedom and dignity of man. 38. interpretation of chapter iv in this chapter, save where the context otherwise requires"a period of public emergency" means any period during which the gambia is at war or a declaration is in force under section 34; "contravention" in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly: "court" means any court of law in the gambia other than a district tribunal or, save as provided in subsection (2), a court constituted under service law; "defence force" means any naval, military or air force of the gambia; "member" in relation to a defence force, includes persons who, under the law regulating the discipline of that force, are subject to that discipline; "owner" includes any person deprived of any right or interest pursuant to section 22; "service law" means the law regarding the discipline of a defence force or of the police force or the prison service or any disciplined volunteer force. in relation to an offence against service law, a reference to "court"in sections 18 to 20, subsections (2), (3), (4), (6) (but not the proviso thereto) of section 24, subsection (3) of section 25, subsection (8) of section 33 and subsection (2) of section 37 includes a reference to a court constituted by or under service law; in sections 19 and 20 and subsection (8) of section 33, includes an officer of a defence force and of the police force. references in sections 18, 19 and 22 to a "criminal offence" shall be construed as including references to an offence against service law and such references in subsections (4) to (9) of section 24 shall, in relation to proceedings before a court constituted by or under service law, be similarly construed. in relation to any person who is a member of an armed force raised otherwise than under the law of the gambia and lawfully present in the gambia, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this chapter. chapter v. representation of the people part i. the franchise 39. the right to vote and registered every citizen of the gambia being of eighteen years or older and of sound mind shall have the be right to vote for the purpose of elections of a president and members of the national assembly, and shall be entitled to be registered as a voter in a national assembly constituency for that purpose. every citizen of the gambia who is a registered voter shall be entitled to vote in a referendum held in accordance with this constitution or any other law. every citizen of the gambia being of the age of eighteen years or older and of sound mind shall be entitled, in accordance with the provisions of this chapter and any act of the national assembly providing for such elections, to vote in elections for local government authorities and traditional rulers in the area in which he or she is ordinarily resident. 40. secret ballot all public elections and all referenda voting shall be by secret ballot. 41. electoral laws subject to the provisions of this constitution, an act of the national assembly may make provision for giving effect to the provisions of this chapter and, without prejudice to the generality of the foregoing, may provide forthe registration of voters for the purposes of public elections; voting at, and the conduct of, public elections and referenda; the duties of public officers in connection with the registration of voters and the conduct of public elections and referenda; equal access to public facilities and the media by candidates at public elections. part ii. the independent electoral commission 42. the commission there shall be an independent electoral commission for the gambia which shall be part of the public service. the members of the commission shall be a chairman and four other members. the members of the commission shall be appointed by the president in consultation with the judicial service commission and the public service commission. subject to the provisions of this section, the members of the commission shall be appointed for a period of seven years and may be re-appointed for one further term: provided that three of the first members (who shall be chosen by lot) shall be appointed for lesser periods than seven years in order to provide continuity within the commission. a person shall not be qualified for appointment as a member of the commission ifhe or she is a member of the national assembly; he or she is, or has at any time during the two years immediately preceding his or her appointment, been nominated as a candidate for election as a member of the national assembly; he or she is, or has at any time during such period of two years been, the holder of any office in any organization that sponsors or otherwise supports, or has at any time sponsored or otherwise supported, a candidate for election as a member of the national assembly or of any local government authority or if he or she has actively identified himself or herself with any such organization; if he or she holds an office in the public service other than as a member of the commission or the staff of the commission; if he or she has been convicted in any country of an offence involving dishonesty or moral turpitude. the president may remove a member of the commission from officefor inability to perform the functions of his or her office whether arising from infirmity of mind or body or from any other cause; if any circumstance arises which would have disqualified him or her from appointment to the commission; or for misconduct, but, before removing a member, the president shall appoint a tribunal of three judges of a superior court to enquire into the matter and report on the facts. a member of the commission shall be entitled to appear and be legally represented before the tribunal. three members of the commission including the chairman shall form a quorum: provided that any decision of the commission shall require the concurrence of a majority of the members. the commission may by regulation or otherwise regulate its own procedure. the commission shall make an annual report on its activities to the national assembly. before assuming the functions of his or her office, a member of the commission shall take and subscribe the prescribed oaths. 43. functions of the commission subject to the provisions of this constitution the independent electoral commission shall be responsible for the conduct and supervision of the registration of voters for all public elections and the conduct and supervision of all public elections and referenda; the conduct of the election of a speaker and a deputy speaker; the registration of political parties; ensuring that the dates, times and places of public elections and referenda are determined in accordance with law and that they are publicised and elections held accordingly; ensuring that candidates in elections make a full declaration of their assets at the time of nomination. the commission shall announce the results of all elections and referenda for which it is responsible. in the exercise of its functions under this constitution or any other law, the commission shall not be subject to the direction or control of any other person or authority. 44. financial the independent electoral commission shall submit its annual estimates of expenditure to the president for presentation to the national assembly in accordance with this constitution. the president shall cause the estimates to be placed before the national assembly without amendment, but may attach to them his or her own comments and observations. 45. electoral laws an act of the national assembly may make further provisions for the purposes of this part. part iii. presidential elections 46. election of a president there shall be an election for the office of president in the three months before the expiration of the term of the incumbent president. the dates for the nomination of candidates and for holding the election shall be determined by the independent electoral commission. 47. nomination of candidates a candidate for election to the office of president shall, on or before nomination daysatisfy the commission that his or her nomination is supported by not less than five thousand registered voters consisting of not less than two hundred from each administrative area, as signified by their signatures or otherwise; deposit with the commission such sum as may be prescribed by the elections decree or any act of the national assembly replacing or amending that decree, which shall be returned if he or she receives not less than forty per cent of the valid votes cast at the election. 48. the poll on an election subject to subsection (4), a poll shall be taken on the day, or days, appointed for the election of a president notwithstanding that there may be only one candidate nominated for election. where a nominated candidate dies between nomination day and polling day, the independent electoral commission shall appoint a new nomination day and, if necessary, a new day or days for the election. no person shall be elected as president on a first ballot unless he or she receives the highest number of votes validly cast at the election. if, at close of nomination only one candidate is nominated, he or she shall be declared to have been duly elected as president. if, on the first ballot, where there are two or more candidates, there is an equality of the highest number of votes between candidates, a second ballot shall be held not later than fourteen days between the candidates who received the highest number of votes. on a second ballot, the candidate who receives the highest number of votes shall be declared to have been duly elected president. 49. challenge to election of a president any registered political party which has participated in the presidential election or an independent candidate who has participated in such an election may apply to the supreme court to determine the validity of the election of a president by filing a petition within ten days of the declaration of the result of the election. part iv. national assembly constituencies 50. delimitation of constituencies an act of the national assembly shall establish a boundaries commission which shall be responsible for demarcating constituency boundaries for the purpose of elections to the national assembly. the national assembly shall prescribe by an act, the criteria for the demarcation of the constituency boundaries. until the national assembly establishes a boundaries commission under subsection (1), the constituencies as prescribed in part ii of schedule i to the elections decree, 1996 and any additional constituencies, required for the purposes of section 88 (1)(a), demarcated by the independent electoral commission in consultation with the appropriate department of state shall be deemed to be constituencies for the purpose of returning members of the national assembly under that section. part v. national assembly elections [deleted by act no. 6 of 2001.] part vi. seyfolu and alkalolu 58. appointment of a district seyfo the president shall appoint a district seyfo in consultation with the minister responsible for local government. the minister responsible for local government may, in consultation with the regional governors, make recommendations to the national assembly for the creation of new seyfo districts. 59. appointment of an alkalo the minister responsible for local government shall appoint an alkalo in consultation with the regional governors and district seyfo or chairperson of the kanifing municipal council, as the case may be. the minister shall, in making an appointment under subsection (1), take into account traditional lines of inheritance. part vii. political parties 60. political parties no association, other than a political party registered under or pursuant to an act of the national assembly, shall sponsor candidates public elections. no association shall be registered or remain registered as a political party ifit is formed or organised on an ethnic, sectional, religious or regional basis; its internal organisation does not conform with democratic principles; or its purpose if to subvert this constitution or the rule of law. an act of the national assembly shall make provisions for the better implementation of this section. chapter vi. the executive part i. the president 61. office of president there shall be a president of the gambia who shall be the head of state and of government and commanderin-chief of the armed forces. the president shall uphold and defend this constitution as the supreme law of the gambia. 62. qualifications for election as president a person shall be qualified for election as president ifhe or she is a citizen of the gambia by birth or descent; he or she has attained the minimum age of thirty years; he or she has been ordinarily resident in the gambia for at least the five years immediately preceding the election; he or she has completed senior secondary school education; and he or she is qualified to be elected as a member of the national assembly. a person who holds the citizenship or nationality of a country other than the gambia, shall not be qualified for election as president. a person who, while holding public office in the gambia has beencompulsorily retired, terminated or dismissed from such office; or has been found guilty of any criminal offence by any court or tribunal established by law; or has been found liable for misconduct, negligence, corruption or improper behaviour by any commission or committee of inquiry established by law shall not be qualified for election as president. 63. tenure of office of president the term of office of an elected president shall, subject to subsection (3) and (6), be for a term of five years; and the person elected president shall before assuming office take the prescribed oaths. the person declared elected as president shall take the prescribed oaths and assume office on the day the term of the incumbent president expires. a person elected as president may at any time during his term of office be removed from office if, a no confidence motion is passed in the national assembly supported by two thirds of the members of the national assembly. where a no confidence motion is passed in accordance with subsection (3), the speaker shall request the independent electoral commission to call for a referendum within thirty days of the passing of such motion to endorse or reject the decision of the national assembly; and where such decision is endorsed the president shall vacate the office. the procedure for the conduct of such referendum shall be prescribed by an act of the national assembly. where the life of the national assembly is extended for any period in accordance with section 99(2), the term of office of the president shall be extended for the same period. 64. temporary exercise of president's functions whenever the speaker has requested the chief justice to appoint a medical board in accordance with section 66, to enquire into the alleged mental or physical incapacity of the president to discharge the functions of his or her office, those functions shall be performed by the vice-president or, if he or she is for any reason unable to perform those functions, by the speaker, until the medical board has submitted its report: provided that the vice-president or the speaker shall not take or subscribe any oath for the due execution of the office of president. 65. vacancy in the office of president the office of president shall become vacant during the term of a presidencyon the death or resignation of the president; on the president ceasing to hold office under section 63, 66 or section 67. whenever the office of president becomes vacant in the circumstance set out in subsection (1), the vice-president, or if there is no vice-president in office at the time, the speaker shall assume the office of president for the residue of the term of the former president. before assuming office under this section, the vice-president or, as the case may be, the speaker shall take the prescribed oaths for the office of president. on assuming the office of president, the speaker shall vacate his or her office as speaker and his or her seat in the national assembly. 66. mental or physical incapacity where the speaker receives a notice in writing signed by not less than one half of all the members of the national assembly alleging that the president is, by reason of infirmity of mind or body, incapable of discharging the functions of his office, and giving particulars of the alleged incapacity, the speaker shall request the chief justice to constitute, on the recommendation of the head of the medical services of the gambia, a medical board comprising at least five independent medical practitioners of appropriate standing. the board shall enquire into the matter and make a report to the chief justice stating the opinion of the board whether or not the president is, by reason of infirmity of mind or body, incapable of discharging the functions of the office of president. the president, and if he or she so wishes, his or her own medical adviser may appear, and shall have the right to be heard, before the board. where the board reports that the president is incapable of discharging the functions of his or her office by reason of infirmity of mind or body, the chief justice shall submit the report to the speaker, who shall, if the national assembly is not sitting, summon the national assembly to meet within seven days. the members of the national assembly shall deliberate on the report and vote on it and the president shall only be removed where two thirds of the members present and voting, vote for his removal. the report of the board shall be final and conclusive and shall not be enquired into by any court. 67. misconduct by the president the president may be removed from office in accordance with this section on any of the following groundsabuse of office, wilful violation of the oath of allegiance or the president's oath of office, or wilful violation of any provision of this constitution, or misconduct in thathe or she has conducted himself in a manner which brings or is likely to bring the office of president into contempt or disrepute; or he or she has dishonestly done any act which is prejudicial or inimical to the economy of the gambia or dishonestly omitted to act with similar consequences. where the speaker receives a notice in writing signed by not less than one half of all the members of the national assembly of a motion for the removal of the president on any of the grounds set out in subsection (1), specifying particulars of the allegations (with any necessary documentation), and requesting that a tribunal be appointed to investigate the allegations, the speaker shallinform the president of the notice; request the chief justice to appoint a tribunal consisting of a justice of the supreme court, as chairman, and not less than four other persons selected by the chief justice, at least two of whom shall be persons who hold or have held high judicial office. the tribunal shall investigate the matter and shall report to the national assembly through the speaker whether or not it finds the allegations specified in the motion to have been substantiated. the president shall have the right to appear and be legally represented before the tribunal. if the tribunal reports to the national assembly that it finds that the particulars of any allegation against the president contained in the motion have not been substantiated, no further proceedings shall be taken under this section in respect of that allegation. where the tribunal reports to the national assembly that it finds that the particulars of any such allegation have been substantiated, the national assembly may, on a motion supported by the votes of not less than two thirds of all the members, resolve that the president has been guilty of such abuse of office, violation of oath, violation of the constitution, or misconduct or misbehaviour as to render him or her unfit to continue to hold the office of president; and where the national assembly so resolves, the president shall immediately cease to hold office. 68. salary and allowances the president shall receive such salary and allowances as may be prescribed by an act of the national assembly, and such salary and allowances shall not be altered to his or her disadvantage during his or her tenure of office. the president shall be entitled to such pension and retirement benefits as may be prescribed by an act of the national assembly and such pension and other benefits shall not be altered to his or her disadvantage after he or she has relinquished office: provided that no such pension or other retirement benefits shall be granted to a president who ceases to hold office in accordance with section 67. the salary and allowances, and pension and retirement benefits, as prescribed by an act of the national assembly, shall be exempted from taxation, but the president shall be subject to taxation on all other chargeable income. the president shall notwhile he or she continues in office as president, hold any other office of profit or emolument whether public or private, occupy any other position carrying the right to remuneration for the rendering of services; undertake any activity inconsistent with his or her official position or expose himself or herself to any situation which carries with it the risk of a conflict developing between his or her official concerns and his or her private interests; use his or her position as such or use information entrusted to or received by him or her in an official position directly or indirectly to enrich himself or herself or any other person. where the president was engaged in any trade, business or other undertaking before assuming the office of president, he or she shall, if he or she wishes to continue such trade, business or other undertaking, do so under a trusteeship. 69. immunity from civil and criminal proceedings except as provided in subsection (2), no civil or criminal proceedings shall be instituted or continued against any person while holding or performing the functions of the office of president in respect of anything done or omitted to be done by him or her whether in an official or a private capacity. nothing in subsection (1) applies to an action for a declaration under section 5 (enforcement of the constitution), and any proceedings under that section against the president or a person performing the functions of that office shall be brought against him or her by his or her official title or style, and he or she shall appear, and be represented by, the attorney-general. after a president has vacated the office of presidentno court may entertain any action against him or her in any civil proceedings in respect of any act done in his or her official capacity as president; a criminal court shall only have jurisdiction to entertain proceedings against him or her in respect of acts or omissions alleged to have been perpetrated by him or her while holding office as president if the national assembly has resolved on a motion supported by not less than two-thirds of all the members that such proceedings are justified in the public interest. part ii. the vice-president, ministers and the cabinet 70. the vice-president there shall be a vice-president of the gambia who shall be the principal assistant of the president in the discharge of his or her executive functions and shall exercise such other functions as may be conferred on him or her by this constitution or assigned to him or her by the president. a person shall be qualified to be appointed as vice-president if he or she has the qualifications required for the election of the president under section 62. provided that the vice president shall not be a member of the national assembly. the vice-president shall be appointed by the president. the provisions of sections 66 and 67 (which relate to removal for incapacity or misconduct) shall apply with the necessary variations to the office of vice-president as they apply to the office of president. the office of vice-president shall become vacant: on the termination of his appointment by the president; on the vice-president assuming the office of president for the unexpired term of his predecessor; on the vice-president's death or resignation; on his or her ceasing to hold office under the provisions of section 66 or 67. whenever there is a vacancy in the office of vice-president in the circumstances mentioned in paragraph (b), (c) or (d) of subsection (5), the president shall, appoint as vice-president a person qualified to be appointed to that office. a person appointed as vice-president shall, before assuming the functions of his or her office, take and subscribe to the prescribed oaths. without prejudice to the right to revoke an appointment for any cause, the president shall revoke the appointment of the vice-president if the national assembly adopts a vote of censure against the vice-president under section 75. 71. ministers there shall be such number of ministers, including attorney-general, as the president may consider necessary. a person shall not be qualified to be appointed, or hold the office of a minister if, he or she is a member of the national assembly or if he holds the citizenship or nationality of any country other than the gambia. in addition, a person shall not be qualified to be appointed attorney general unless he or she is a legal practitioner of at least five years standing at the gambia bar. ministers shall be appointed by the president and shall, before assuming the functions of their office, take and subscribe the prescribed oaths. the office of a minister shall become vacanton the assumption by a person of the office of president; on his or her appointment being revoked by the president; on his or her death or resignation. without prejudice to the right to revoke an appointment for any cause, the president shall revoke the appointment of a minister if the national assembly adopts a vote of censure against the minister. 72. functions and incidents of office the vice-president and ministers shall be responsible for such ministries or other business of the government as the president may assign to them. in making such assignments, the president shall have regard to the desirability of ensuring that such responsibilities are entrusted to competent persons with relevant qualifications or experience. the attorney general shall be the principal legal adviser to the government and shall have the right of audience in all courts in the gambia. the vice-president and ministers shall be entitled to such remuneration, allowances and other incidents of office as may be prescribed by an act of the national assembly. the vice-president and ministers shall notwhile they continue in office, hold any other office of profit or emolument whether public or private, occupy any other position carrying the right to remuneration for the rendering of services; undertake any activity inconsistent with their official position or expose themselves to any situation which carries with it the risk of a conflict developing between their official interests and their private interests; use their position as such or use information entrusted to or received by them in their official position directly or indirectly to enrich themselves or any other person. where the vice-president or ministers were engaged in any trade, business or other undertaking before assuming their offices, they shall, if they wish to continue such trade, business or other undertaking, do so under a trusteeship. 73. cabinet there shall be a cabinet which shall consist of the president, the vice-president and the ministers. cabinet shall regulate the procedure of its meetings. the cabinet shall be responsible for advising the president with respect to the policies of the government and shall have such other functions as may be conferred by any other law. 74. responsibility of cabinet and ministers the vice-president and ministers shall be collectively responsible to the national assembly for any advice given to the president in cabinet, and the vice-president and each secretary of state shall be accountable to the president and the national assembly for the administration of the departments and other business of government committed to his or her charge. 75. vote of censure the national assembly may, by resolution supported by the votes of two-thirds of all the members, pass a vote of censure against a minister or vice president on the grounds ofhis or her inability, arising from any cause, to perform the functions of his or her office; abuse of office or violation of any provision of this constitution; his or her misconduct in office. a vote of censure shall be initiated by a petition, signed by not less than one third of all the members of the national assembly to the president through the speaker stating the grounds on which they are dissatisfied with the conduct or performance of the minister or vice president. the president shall cause a copy of the petition to be given to the minister or vice president immediately he or she receives it. the motion for the resolution of censure shall not be debated until after the expiry of fourteen days from the day the petition is sent to the president. the secretary of state or vice president concerned has the right to attend and be heard during the debate on the motion. in this section, "misconduct in office" means that the person concerned hasconducted himself or herself in a manner which brings or is likely to bring his or her office into contempt or disrepute; dishonestly done any act which is prejudicial or inimical to the economy of the gambia or dishonestly omitted to act with similar consequences. part iii. executive powers 76. the executive power the executive power of the gambia is vested in the president and, subject to this constitution, shall be exercised by him or her either directly or through the vice-president, ministers or officers responsible to him or her. in addition to the powers conferred on him or her by this constitution, the president shall have such powers and responsibilities as may be conferred on him or her by or under an act of the national assembly. the president shall be responsible for making due provision for the execution of acts of the national assembly. 77. the executive power and the national assembly the president shall at least once in each year attend a sitting of the national assembly and address a session on the condition of the gambia, the policies of the government and the administration of the state. the national assembly may request the president to attend a sitting of the national assembly for the discussion of a matter of national importance. the vice-president shall answer in the national assembly for matters affecting the president, and the president shall be entitled to send a message to the national assembly to be read on his or her behalf by the vice-president. the vice-president or a minister shall, when requested by the national assembly, report to the national assembly on any matter concerning a department or other business of government committed to his or her charge, and shall be entitled to attend and speak in the national assembly whenever any bill or other matter concerning such department or business is being debated. 78. national security council there shall be a national security council which shall consist ofthe president; the vice-president; the minister responsible for defence and internal affairs; the chief of defence staff and two other members of the armed forces appointed by the president; the inspector general of police; the director-general of the national intelligence agency; and the intelligence adviser to the president. the national security council shall be responsible for advising the president on all matters relating to the security of the gambia and the integration of domestic and foreign policies relating to its security; and, under the direction of the president, shall take appropriate measures to safeguard the internal and external security of the gambia and to provide for the co-operation of the departments and agencies of the government in that regard. 79. foreign affairs the president shall be responsible forthe conduct of relations with other states and international organizations; the reception of envoys accredited to the gambia and the appointment of the principal representatives of the gambia abroad; the negotiation and, subject to ratification by the national assembly, the conclusion of treaties and other international agreements; subject to the prior approval of the national assembly, the declaration of war and the making of peace. the gambia shall notenter into any engagement with any other country which causes it to lose its sovereignty without the matter first being put to a referendum and passed by such majority as may be prescribed by an act of the national assembly; become a member of any international organization unless the national assembly is satisfied that it is in the interest of the gambia and that membership does not derogate from its sovereignty. the national assembly may, by resolution, establish procedures for the ratification of treaties and other international agreements. 80. constitution of public offices subject to this constitution and any act of the national assembly, the president may constitute any public office for the gambia and make appointments to such office and terminate such appointments. 81. administration of departments of state where the vice-president or a secretary of state has been charged with responsibility for any department of the government, he or she shall exercise general direction and control over that department; and subject to such direction and control, the department shall be under the supervision of a permanent secretary whose office shall be an office in the public service. the principle advisers on professional and technical matters in all the departments of the government shall be professionally qualified persons. 82. prerogative of mercy the president may, after consulting the committee established by subsection (2) grant to any person convicted of any offence a pardon either free or subject to lawful conditions; grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence; substitute a less severe form of punishment for any punishment imposed on any person for any offence; remit the whole or any part of any punishment imposed on any person for such an offence or any penalty otherwise due to the republic on account of any offence. there shall be a committee on the exercise of the prerogative of mercy consisting of the attorney general and three other persons appointed by the president subject to confirmation by the national assembly. 83. honours and awards the president may, after consulting the committee established by subsection (2), confer honours and awards, including honorary honours and awards to friends of the gambia. there shall be a committee to advise the president on the exercise of his or her powers under this section which shall consist of not more than five, and not less than three, persons appointed by the national assembly. part iv. prosecutions 84. director of public prosecutions there shall be a director of public prosecutions whose office shall be an office in the public service. the director of public prosecutions shall be appointed by the president. a person shall not be qualified to hold or act in the office of director of public prosecutions unless he or she is qualified for appointment as a judge of the high court. subject to the other provisions of this section, a person holding the office of the director of public prosecutions shall vacate his or her office when he or she attains the compulsory retirement age. a person holding the office of director of public prosecutions may be removed from office only for inability (whether by reason of infirmity of mind or body or any other cause) to perform the functions of his or her office, or for misbehaviour or incompetence. 85. control of prosecutions the director of public prosecutions shall have power in any case in which he or she considers it desirable to do so, and subject to the approval of the attorney generalto initiate and undertake criminal proceedings against any person before any court for an offence against the law of the gambia; to take over and continue any such criminal proceedings that have been instituted by any other person or authority; to discontinue at any stage before judgement is delivered any criminal proceedings instituted or undertaken by himself or herself or any other person or authority: provided that the director of public prosecutions shall nottake over and continue any private prosecution without the consent of the private prosecutor and the court; or discontinue any private prosecution without the consent of the private prosecutor. for the purpose of this section, any appeal from a determination in any criminal proceedings before any court, or any case stated or question of law reserved for the purpose of such proceedings to any other court, shall be deemed to be part of those proceedings: provided that the power conferred on the director of public prosecutions by subsection (1) (c) shall not be exercised in relation to any appeal by a person convicted in any criminal proceedings or any case stated at the instance of such a person. the powers conferred on the director of public prosecutions under this section may be exercised by him or her in person or by persons under his or her direction and control. in the exercise of his or her functions under this section, the director of public prosecutions shall be subject to the direction or control of the attorney general. in this section, "private prosecutions" means a prosecution instituted by any person or authority other thanthe director of public prosecutions or any person acting under his or her direction or control; a police officer in the exercise of the functions of his or her office, or an officer in the public service in the exercise of the functions of his or her office 86. private prosecutions an act of the national assembly may make provision for private prosecutions. chapter vii. national assembly and legislation part i. establishment of the national assembly and members 87. establishment of the national assembly there shall be a national assembly of the gambia. 88. members of the national assembly the national assembly shall compromise fifty-three members elected from the constitutions demarcated by the boundaries commission; and five members nominated by the president. before taking his or her seat in the national assembly, a member shall take the prescribed oaths before the speaker: provided that a member may take part in the election of a speaker and deputy speaker before taking such oaths. 89. qualifications for membership to the national assembly a person shall be qualified for election to the national assembly if he or sheis a citizen of the gambia; has attained the age of twenty-one years; has been ordinarily resident in the constituency for a period of at least one year prior to nomination day; is able to speak the english language with a degree of proficiency sufficient to enable him or her to take part in the proceedings of the national assembly; has made such declaration of his or her assets to the independent electoral commission as is required in accordance with section 43. the provisions of paragraphs (a), (b) and (d) of subsection (1) shall apply to a nominated candidate who shall also be required to make a declaration of his assets to the independent electoral commission. 90. disqualifications for membership of the national assembly no person shall be qualified for election as a member of the national assembly if he or sheholds the citizenship or nationality of a country other than the gambia; is adjudged under any law of the gambia to be of unsound mind; is under sentence of death imposed on him or her by any court, or is serving, or within five years of his or her nomination for election completed serving, a sentence of imprisonment for a term exceeding six months imposed on him or her by a court or substituted by competent authority for some other sentence imposed on him or her by a court, and has not received a free pardon; has been found guilty of any abuse of office, corruption or any offence connected with public elections by a court; has been found by the report of a commission or committee of inquiry (the proceedings of which have been held and published in accordance with the relevant law) to be incompetent to hold public office by reason of having acquired assets unlawfully or defrauded the state or misused or abused his or her office, or wilfully acted in a manner prejudicial to the interests of the state, and the findings have not been set aside on appeal or judicial review; within the three years preceding nomination day, holds or acts in any office prescribed by an act of the national assembly the functions of which involve responsibility for, or in connection with the conduct of elections to the national assembly or the compilation of any register of voters for the purpose of such an election; unless granted leave of absence in accordance with section 170, holds a public office or an office in the public service; holds or acts in any office or appointment that may be prescribed by an act of the national assembly; is a member of a disciplined force; is an elected member of a local government authority; is a district chief or alkalo; or is adjudged or otherwise declared a bankrupt under any law of the gambia and has not been discharged. for the purposes of this sectiona sentence of imprisonment imposed by a court outside the gambia for an offence in respect of an act or omission which, if committed within the gambia would constitute a comparable offence, shall be deemed to be a sentence of imprisonment within the meaning of paragraph (c) of subsection (1); no account shall be taken of a sentence of imprisonment imposed as an alternative to, or in default of, the payment of a fine; the period of disqualification under paragraph (d) or (e) of subsection (1) shall not exceed five years afterthe completion of any sentence of imprisonment passed for such offence; or the expiry of any period during which the person concerned has been debarred from holding public office. this section shall apply to nominated members with such modifications relating to time limits for elections. 91. tenure of seats of members of the national assembly a member of the national assembly shall vacate his or her seat in the national assemblyon the dissolution of the national assembly; subject to subsection (2), if any circumstances arise that, if he or she were not a member, would cause him or her to be disqualified for election as a member or nomination as a member; if he or she resigns his or her office as a member; [deleted by act no. 11 of 2017]. if, having been elected a member as an independent candidate, he or she joins a political party; if, being a member representing a single seat constituency, he or she is recalled by the electorate of that constituency in accordance with an act of the national assembly to give effect to section 92; if, without the permission in writing of the speaker or reasonable cause, he or she is absent from ten or more sittings of the national assembly during any period that the national assembly is in session and continues to meet; if he or she is found in contempt of the national assembly and is expelled on a resolution supported by not less than three quarters of all the members of the national assembly. an act of the national assembly may, in order to permit any member whohas been sentenced to death; has been convicted or found guilty of any offence or subject to any finding to which subsection (1) of section 90 refers, adjudged to be of unsound mind; or adjudged or otherwise declared to be bankrupt, to appeal against any such decision in accordance with any law, provided that, subject to such conditions as may be specified, the decision shall not have effect for the purposes of this section until such time as may be so prescribed. the clerk of the national assembly shall immediately inform the independent electoral commission of any vacancy among the members of the national assembly. 92. recall of members an act of national assembly may make provision for the recall of an elected member of the national assembly. such an act shallrequire that a petition for recall shall be supported by at least one-third of the registered voters in the constituency; and prescribe the grounds for recall and the powers of, and procedures to be adopted by, the independent electoral commission on receipt of such a petition. 93. the speaker and the deputy speaker the speaker of the national assembly and the deputy speaker shall be elected by the members of the assembly from among the nominated members. the chief justice shall preside at the election of a speaker. unless he or she sooner dies or resigns, the speaker and the deputy speaker shall vacate their respective officesif he or she ceases to be a member of the national assembly; if he or she is removed from that office by a resolution of the national assembly supported by the votes of not less than two-thirds of all the members of the national assembly. persons elected to the office of speaker or deputy speaker shall, before assuming the duties of their respective offices take the prescribed oaths. no business shall be transacted in the national assembly other than the election of the speaker or deputy speaker when either of those offices is vacant. 94. clerk of the national assembly there shall be a clerk of the national assembly who shall be appointed by the national assembly. the office of the clerk of the national assembly and the offices of members of his or her staff shall be offices in the public service. 95. remuneration and allowances the speaker, the deputy speaker and the other members of the national assembly shall receive such remuneration and benefits, including retirement benefits, as an act of the national assembly may prescribe. part ii. the meeting and dissolution of the national assembly 96. general election there shall be a general election of all the members of the national assembly which shall be held three months after the date of election to the office of the president. notwithstanding the provisions of subsection (1), the president may, in the public interest, declare by order published in the gazette, that a general election of all members of the national assembly shall be held on such date as he or she shall determine. 97. sessions of the national assembly the first session of the national assembly after a general election shall be held in such place in the gambia as the president may, by proclamation, appoint. the president may request the speaker to summon a session of the national assembly in the event of a declaration of a public emergency under section 34. subject to subsections (1) and (2), the national assembly shall determine the times of its sessions: provided that there shall be a session of the national assembly at least once in every year. 98. sittings of national assembly subject to section 97, sittings of the the national assembly shall be at such times as the national assembly shall appoint: provided thatthe speaker shall summon a sitting of the national assemblywhen requested to do so by the president; within seven days of a request for a meeting of the national assembly by not less than one quarter of all the members of the national assembly; the national assembly shall sit quarterly. unless the national assembly otherwise directs for good cause, the sittings of the national assembly shall be open to the public. 99. term of the national assembly subject to the other provisions of this section, the national assembly shall stand dissolved on the day immediately preceding the day appointed in accordance with section 97 for the first session of the next following national assembly. at any time when the gambia is at war or a state of emergency is declared, the national assembly may, by resolution supported by the votes of not less than two-thirds of all the members, extend the life of the national assembly for not more than three months at a time, but the life of the national assembly shall not be extended under this subsection for more than a total period of one year. part iii. legislation and other powers of the national assembly 100. the legislative power the legislative power of the gambia shall be exercised by bills passed by the national assembly and assented to by the president. the national assembly shall have no power to pass a billto establish a one party state; to establish any religion as a state religion; to alter the decision or judgement of a court in any proceedings to the prejudice of any party to those proceedings, or deprive any person retroactively of vested or acquired rights, but subject thereto, the national assembly may pass bills designed to have retroactive effect. where a bill passed by the national assembly is presented to the president for his or her assent, the president shall, within thirty days, assent to the bill or return it to the national assembly with the request that the national assembly reconsider the bill; and if he or she requests the national assembly to reconsider the bill, the president shall state the reasons for the request and any recommendations for amendment of the bill. where the national assembly has reconsidered a bill as so requested in accordance with subsection (3) and has resolved by a vote supported by not less than two thirds of all the members of the national assembly that the bill, with or without the amendments recommended by the president, be presented again to the president for his or her assent, the president shall assent to the bill within seven days of it being so presented. a bill which has been duly passed by the national assembly and assented to by the president shall become law as an act of the national assembly and the words of enactment shall be: "enacted by the president and the national assembly". the president shall cause acts of the national assembly to be published in the gazette within thirty days of assent. no act of the national assembly shall come into operation until it has been published in the gazette, but the act or some other act of the national assembly may provide for the postponement of its coming into force. nothing in this section shall prevent an act of the national assembly from conferring on any person or authority the power to make subsidiary legislation. 101. introduction of bills and motions subject to the other provisions of this section, a bill or motion may be introduced in the national assembly by a member of the cabinet or by a member of the national assembly, and the national assembly shall give consideration to bills and motions so introduced. no bill, other than a bill referred to in subsection (5), shall be introduced into the national assembly unless it is accompanied by an explanatory memorandum setting out in detail the policy and principles of the bill, the defects which it is intended to remedy and the necessity for its introduction. no bill, other than a bill referred to in subsection (5), shall be introduced into the national assembly unless it has been published in the gazette, and such publication has been made at least fourteen days before the date of its introduction: provided that where the president certifies that the enactment of the bill is required in the public interest as a matter of urgency, the bill may be introduced notwithstanding it has not been published fourteen days beforehand, but the speaker shall, on the introduction of the bill, cause a vote to be taken in the national assembly without debate on a motion to give consideration to the bill notwithstanding that the said period of fourteen days has not expired. without prejudice to the power of the national assembly to make any amendment (whether by the increase or reduction of any tax or charges, or the amount of any payment or withdrawal, or otherwise), the national assembly shall not give consideration to a bill that in the opinion of the person presiding makes provision for any of the following purposesfor the imposition of taxation or the alteration of taxation; for the imposition of any charges on the consolidated revenue fund or any other public fund of the gambia or the alteration of any such charge; for the payment, issue or withdrawal from the consolidated revenue fund or any other public fund of the gambia of moneys not charged thereon or any increase in the amount of such payment, issue or withdrawal; or for the composition or remission of any debt due to the government, unless the bill is introduced into the national assembly by the president. when a bill is introduced into the national assembly, it may be allocated to an appropriate committee for examination, and a report made thereon to the national assembly. 102. additional functions of the national assembly in addition to the other powers conferred on the national assembly this constitution or any other law the national assembly have power toreceive and review reports on the activities of the government and such other reports as are required to be made in accordance with this constitution; review and approve proposals for the raising of revenue by the government; examine the accounts and expenditure of the government and other public bodies funded by public moneys and the reports of the auditor general thereon; include in a bill a proposal for a referendum on an issue of national concern defined in the bill; advise the president on any matter which lies within his or her responsibility. part iv. procedure in the national assembly 103. presiding in the national assembly the speaker shall preside at any sitting of the national assemblyin the absence of both the speaker, the deputy speaker, or in the absence of both the speaker and the deputy speaker, such member of the national assembly as the national assembly may elect for the purpose. 104. vacancy and quorum the national assembly may act notwithstanding any vacancy in its membership (including any vacancy not filled when the national assembly first meets after a general election). the quorum of the national assembly at the commencement of any sitting is one half of all the members. if, subsequently thereto, objection is taken by any member that there are present in the national assembly (besides the person presiding) less than one quarter of all the members, and the person presiding is so satisfied, he or she shall immediately adjourn the sitting. 105. language in the national assembly the business of the national assembly shall be conducted in the english language or any other language prescribed by an act of the national assembly. 106. voting in the national assembly except as otherwise provided in this constitution, any matter proposed for decision in the national assembly shall be determined by a majority of votes of the members present and voting. the person presiding in the national assembly shall have neither an original nor a casting vote and if on any question before the national assembly the votes are equally divided, the motion shall be deemed to have been rejected. any member of the national assembly who has a direct pecuniary interest in any matter proposed for discussion in the national assembly shall declare the same to the speaker and the vote of any such member on such a matter shall be disallowed and he or she shall be deemed not to have voted. 107. unqualified person sitting or voting any person who sits or votes in the national assembly knowing or having reasonable grounds for knowing that he or she is not entitled to do so shall be liable to such penalty as may be prescribed by an act of the national assembly, which penalty may be recovered by suit by the attorney-general. 108. regulation of procedure in national assembly subject to the provisions of this constitution, the national assembly may regulate its own procedure and, in particular, may make standing orders for the conduct of its own proceedings. notwithstanding anything to the contrary in this constitution or in any other law, no decision, order or direction of the national assembly or any of its committees or the speaker relating to the standing orders of the national assembly, or to the application or interpretation of standing orders, or any act done by the national assembly or the speaker under any standing orders, shall be enquired into by any court. 109. committees of national assembly the national assembly shall appointa public appointments standing committee; a finance and public accounts standing committee; a standing committee of privileges; a standing committee on defence and security, and such other standing or other committees as it considers necessary for the exercise of its functions. committees may be appointedto investigate or inquire into the activities or administration of ministries or departments of the government, and such investigation or inquiry may extend to making proposals for legislation; to investigate any matter of public importance. for the purpose of effectively performing, its functions, each of the committees shall have all of the powers, rights and privileges as are vested in the high court at a trial in respect ofenforcing the attendance of witnesses and examining them on oath, affirmation or otherwise; compelling the production of documents; the issue of a commission or request to examine witnesses abroad. 110. contempt of national assembly any act or omission which obstructs or impedes the national assembly in the performance of its functions or which obstructs or impedes any member or officer of the national assembly in the discharge of his or her duties or affronts the dignity of the national assembly shall be a contempt of the national assembly in addition to any liability in respect thereof under the criminal law, the offender shall be liable to reprimand or admonition by the national assembly, and if the offender is a member of the national assembly, suspension or expulsion from the national assembly. 111. the national assembly service there shall be a national assembly service to provide services and support for the national assembly. the national assembly service shall form part of the public service and its members shall be appointed by the national assembly after consultation with the public service commission. the national assembly shall establish an authority to supervise the national assembly service. the authority shall consist ofthe speaker as chairperson; four other members of the national assembly who shall be appointed by the speaker acting in accordance with the advice of a committee of the national assembly; the clerk of the national assembly who shall be secretary of the authority. the clerk of the national assembly shall be the administrative head of the national assembly service. in addition to its other functions, the national assembly service shall provide members of the national assembly with facilities for the drafting of bills and the obtaining of such reasonable information from the relevant government department as may be required for that purpose. part iv. responsibilities, privileges and immunities 112. responsibilities of members the responsibilities of the members of the national assembly shall include the followingall members shall maintain the dignity of the national assembly both during the sittings of the national assembly and in their acts and activities outside the national assembly; all members shall regard themselves as servants of the people of the gambia, desist from any conduct by which they seek improperly to enrich themselves or alienate themselves from the people, and shall discharge their duties and functions in the interest of the nation as a whole and in doing so shall be influenced by the dictates of conscience and the national interest. 113. freedom of speech and debate there shall be freedom of speech and debate in the national assembly and that freedom shall not be impeached or questioned in any court or place outside the national assembly. 114. privilege of the national assembly without prejudice to the generality of section 113, no civil or criminal proceedings shall be instituted against a member of the national assembly in any court or other place outside the national assembly by reason of anything said by him. 115. immunity from service of process and arrest no civil or criminal process issuing from any court or other place outside the national assembly shall be served on or executed in relation to a member of the national assembly while he or she is on his or her way to, attending or returning from any proceeding of the national assembly. 116. immunity from witness summons neither any member of the national assembly nor the clerk of the national assembly shall be compelled while attending the national assembly to appear as a witness in any court or place outside the national assembly. 117. immunity from jury service neither any member of the national assembly nor the clerk of the national assembly shall be required to serve on a jury in any court. 118. immunity for publication of proceedings subject to the provisions of this constitution, no person shall be under any civil or criminal liability in respect of the publication ofthe text or a summary of any report, papers, minutes, votes or proceedings of the national assembly; a contemporaneous report of the proceedings of the national assembly; unless it is shown that the publication was effected maliciously or otherwise in want of good faith. 119. privileges of witnesses every person summoned to give evidence or to produce any paper, book, record or other document before the national assembly or any committee of the national assembly shall be entitled, in respect of his evidence or the production of such document as the case may be, to the same privileges as if he or she were appearing before a court. where the president or any member of the cabinet certifies that the disclosure of the contents of any document sought by the national assembly or a committee of the national assembly will be injurious to the public interest or prejudicial to the security of the state, the national assembly or such committee shall only give consideration to such document in private and under such conditions as will prevent the disclosure of the contents of such document outside the national assembly or the committee as the case may be, and shall not publish the document or its contents. an answer by a person to a question put by the national assembly shall not be admissible evidence against him or her in any civil or criminal proceedings outside the national assembly other than proceedings for perjury brought under the criminal law. chapter viii. the judicature part i. the courts of the gambia 120. the courts and the judicial power the courts of the gambia are: the superior courts comprising: the supreme court; the court of appeal; and the high court and the special criminal court; the magistrates court, the cadi court, district tribunals and such lower courts and tribunals as may be established by an act of the national assembly. the judicial power of the gambia is vested in the courts and shall be exercised by them according to the respective jurisdiction conferred on them by law. in the exercise of their judicial functions, the courts, the judges and other holders of judicial office shall be independent and shall be subject only to this constitution and the law, and, save as provided in this chapter, shall not be subject to the control or direction of any other person or authority. the government and all departments and agencies of the government shall accord such assistance to the courts as the courts may reasonably require to protect their independence, dignity and effectiveness. 121. the chief justice the chief justice shall be the head of the judiciary and, subject to the provisions of this constitution, shall be responsible for the administration and supervision of the courts. an act of the national assembly may provide for the making of rules by the chief justice or such other authority as may be specified therein for regulating the practice and procedure of the courts. 122. the superior courts in addition to any other power conferred on the court, each of the superior courts shallbe a superior court of record and shall have power to commit for contempt to itself and all such powers as are vested in a court of record; in relation to any matter within its jurisdiction, have power to issue such orders and directions as may be necessary to ensure the enforcement of any judgement, decree or order of the court. 123. immunity from suit a judge or other person exercising judicial power shall not be liable to any action or suit for any act or omission by him or her in good faith in the exercise of his or her judicial function. 124. courts to give timely decisions it shall be the object of every court to deliver its decision expeditiously andin the case of a reference to the supreme court as to the interpretation of this constitution or as to whether or not any person was validly elected to the office of president or was validly elected to, or vacated his or her seat in, the national assembly, not later than thirty days; or in any other case, not later than three months, after the conclusion of the evidence, or arguments on appeal, and final addresses. provided that vacations shall be excluded from any prescribed period. it shall be the duty of the chief justice to require compliance with the provisions of subsection (1). for the avoidance of doubt, it is hereby declared that the validity of any decision shall not be called in question on the grounds that it was not delivered in accordance with the provisions of subsection (1). part ii. the superior courts a. the supreme court 125. composition of supreme court within eighteen months of the coming into force of this constitution, there shall be established a supreme court of the gambia which shall consist ofthe chief justice; not less than four other justices of the supreme court; such judge of the court of appeal as the chief justice may, by writing under his or her hand, select to sit in the supreme court for the determination of a particular cause or matter: provided that no judge shall be elected under this paragraph unless he or she is qualified to be appointed as justice of the supreme court. the supreme court shall be constituted by an uneven number of not less than five judges of the court; provided that a single judge of the court may exercise the powers of the court in any interlocutory matter, which may be subject to a fresh application to a bench of five judges of the court; the chief justice shall preside at sittings of the court. in his or her absence, the most senior of the other judges of the court shall preside. the supreme court may sit at any place in the gambia appointed by the chief justice. 126. jurisdiction of supreme court the supreme court shall be the final court of appeal for the gambia and shall have such appellate and other jurisdiction as may be conferred on it by this constitution or any other law: provided that the supreme court shall not have original jurisdiction in respect of any criminal matter. the supreme court may depart from a previous decision when it appears to it right to do so; and all other courts shall be bound to follow the decisions of the supreme court on a matter of law. for the purpose of the hearing and determination of any matter within its jurisdiction, the supreme court shall have all the powers conferred by law on any other court established by this constitution or any other law. 127. original jurisdiction the supreme court shall have an exclusive original jurisdictionfor the interpretation or enforcement of any provision of this constitution other than any provision of sections 18 to 33 or section 36(5) (which relate to fundamental rights and freedoms); on any question whether any law was made in excess of the powers conferred by this constitution or any other law upon the national assembly or any other person or authority; on any question as to whether or not any person was validly elected to the office of president or was validly elected to, or vacated his or her seat in, the national assembly; on any question whether any official document should be produced, or its contents disclosed, in proceedings before a court where such production is resisted on the grounds that its production or the disclosure of its contents would be prejudicial to the security of the state or be injurious to the public interest. where any question referred to in paragraphs (a), (b) or (d) of subsection (1) arises in any proceedings in any other court, that court shall stay its proceedings and refer the matter to the supreme court for its determination, and such other court shall give effect to any decision of the supreme court in the matter. the proceedings in the supreme court on any question referred to in paragraph (d) of subsection (1) shall be held in camera. 128. appellate jurisdiction an appeal shall lie to the supreme court as of rightfrom any judgement of the court of appeal on an appeal in any civil or criminal cause or matter from a judgement of the high court in the exercise of its original jurisdiction; from any judgement of the court of appeal dismissing an appeal from a sentence of death imposed by any other court; in such other case as may be prescribed by act of the national assembly. an appeal shall lie to the supreme court with the leave of the court of appeal from a judgement of the court of appeal in any cause or matter commenced in a court other than the high court where the court of appeal is satisfied that the case involves a substantial question of law or it is in the public interest that the cause or matter should be heard by the supreme court. an appeal shall lie to the supreme court with the leave of that court from any other judgement of the court of appeal. an appeal shall lie to the supreme court, in any case referred to in subsection (1), (2) or (3) at the instance of a party to the proceedings in the court of appeal or, with the leave of the supreme court or the court of appeal, at the instance of any other person having an interest in the matter or, in a criminal cause or matter, at the instance of the attorney general acting in the interest of justice and for the avoidance of abuse of the legal process: provided that in any appeal at the instance of the attorney general, the supreme court shall have no power to reverse any acquittal at a court of first instance or reverse a judgement allowing an appeal against conviction of a criminal offence. b. the court of appeal 129. composition of court of appeal there shall be a court of appeal of the gambia which shall consist ofthe president of the court of appeal; not less than three justices of the court of appeal; any judge of the high court who is appointed to act as a justice of the court of appeal. provided that no judge shall be selected under this paragraph unless he or she is qualified to be appointed a judge of the court of appeal. the court of appeal shall be constituted by three judges of the court: provided that a single judge of the court may exercise the powers of the court in any interlocutory matter, subject to an appeal from his or her decision to a bench of three judges of the court; the president of the court of appeal shall preside at sittings of the court. in his or her absence, the most senior of the other judges of the court shall preside. the president of the court of appeal may, in consultation with the chief justice, establish such divisions of the court of appeal as he or she thinks fit to sit at such places in the gambia as he or she may determine. 130. jurisdiction of court of appeal the court of appeal shall have jurisdiction to hear and determine appeals from judgements, decrees and orders of the high court, and such other appellate jurisdiction as may be conferred on it by an act of the national assembly. the court of appeal shall have jurisdiction in appeals from court martial in the manner provided by law. an appeal shall lie as of right to the court of appeal from any judgement, decree or order of the high court. for the purpose of hearing and determining any appeal within its jurisdiction, the court of appeal shall have all the powers vested in the court from which the appeal is brought. c. the high court 131. composition of high court there shall be a high court of the gambia which shall consist ofthe chief justice; not less than seven other justices of the high court; any judge of a superior court whom the chief justice may, by writing, request to sit as a judge of the high court. the high court shall be constituted by a single judge. the high court may sit at such places in the gambia as the chief justice may determine, and he or she may establish permanent divisions of the court to sit at various places throughout the gambia and appoint judges of the court to any such division. 132. jurisdiction of high court save as provided in section 127, the high court shall have original jurisdictionto hear and determine all civil and criminal proceedings; to interpret and enforce the fundamental rights and freedoms as provided in sections 18 to 33 and section 36(5), and in the exercise of such jurisdiction, the court shall have all such power and authority as may be conferred by this constitution or any other law. the high court shall have such jurisdiction in appeals from courts subordinate to it (other than the cadi court) as may be prescribed by an act of the national assembly. 133. supervisory jurisdiction the high court shall have supervisory jurisdiction over all lower courts and adjudicatory authorities in the gambia, and, in the exercise of its supervisory jurisdiction, shall have power to issue directions, orders or writs, including writs of habeas corpus, orders of certiorari, mandamus and prohibition as it may consider appropriate for the purposes of enforcing its supervisory powers. d. special criminal court 134. special criminal court there shall be a special criminal court which shall be constituted by a panel consisting of a chairman and not less than two other panel members. a person shall not be appointed to be a chairman of the court unless he or she is qualified to be appointed a judge of the high court. the members of the court shall be appointed by the president in consultation with the judicial service commission 135. jurisdiction the court shall have jurisdiction to hear and determine all criminal offences relating to theft, misapropriation and other similar offences in which public funds and public property are affected. 136. national assembly to make further provision an act of the national assembly shall make further provisions for the purposes of this sub-part. part iii. the cadi court 137. the cadi court a cadi court shall be established in such places in the gambia as the chief justice shall determine. the cadi court shall be composedfor hearings at first instance, by a panel consisting of the cadi and two other scholars of the sharia qualified to be a cadi or ulama; and [act no. 6 of 2001.] the decision of the majority of a panel of a cadi court shall constitute the decision of the court. the cadi court shall only have jurisdiction to apply the sharia in matters of marriage, divorce and inheritance where the parties or other persons interested are muslims. any party to a proceeding in the cadi court who is dissatisfied with a decision of the court may appeal to the cadi appeals panel. a person shall be required to be of high moral standing and professionally qualified in the sharia in order to be appointed a cadi or ulama. a party to proceedings in the cadi court shall be entitled to be represented, at his or her own expense, by a person qualified in the sharia. 137a. cadi appeals panel there shall be a cadi appeals panel which shall panel 6 of 2001 consist ofa chairperson; and not less than four other members. the panel shall be constituted by three members of the panel. the chairperson of the panel shall preside at a sitting of the panel and in his or her absence, the most senior member shall preside. the chairperson and other members of the panel shall be appointed by a cadi appeals selection committee which shall consist ofthe chief justice; the attorney general; and a member of the supreme islamic council nominated by that council. a person shall not be qualified for appointment to the panelas a chairperson, unless the personis a legal practitioner and has been so qualified for a period of not less than five years, and is professionally qualified in the sharia; as a member, unless the person is professionally qualified in the sharia. the panel shall have jurisdiction to hear and determine appeals from judgment of the cadi court and from the district tribunals where sharia law is involved. the cadi appeals selection committee shall prescribe the rules of practice and procedure of the panel. part iv. the judges 138. appointment of judges the chief justice shall be appointed by the president after consultation with the judicial service commission. all other judges of the superior courts except the judges of the special criminal court shall be appointed by the president on the recommendation of the judicial service commission. appointments of judges of the superior courts shall be by warrant signed by the president and sealed with the public seal. before assuming the functions of his or her office, a judge of the superior courts shall take the prescribed oaths. 139. qualifications for appointment of judges a person shall be qualified for appointment as chief justice if he or she is qualified to be appointed a judge of the supreme court and has been a judge of a superior court in a common law country for not less than ten years. a person shall be qualified to be appointed a judge of the supreme court if he or she holds or has held office as a judge of the court of appeal, or as a judge of a court having similar jurisdiction in a common law country, in each case for not less than five years, or if he or she has practised as a legal practitioner before a court having unlimited jurisdiction in civil and criminal matters in a common law country for not less than twelve years. a person shall be qualified to be appointed as a judge of the court of appeal if he or she holds or has held office as a judge of the high court, or as a judge of a court having similar jurisdiction in a common law country, in each case for not less than five years, or if he or she has practised as a legal practitioner before a court having unlimited jurisdiction in civil and criminal matters in a common law country for not less than eight years. a person shall be qualified to be appointed as a judge of the high court if he or she holds or has held office as a principal magistrate or master in the gambia, or an office, which in the opinion of the judicial service commission, enjoys a comparable jurisdiction in a common law country, in each case for not less than five years, or if he or she has practised as a legal practitioner before a court having unlimited jurisdiction in civil and criminal matters in a common law country for not less than five years. in this section, "common law country" meansa country within the commonwealth; a country outside the commonwealth prescribed by an act of the national assembly for the purposes of this section the courts of which exercise a common law jurisdiction. 140. vacancy in office of chief justice in the event of there being a vacancy in the office of the chief justice, or if he or she is, for any reason unable to perform the functions of his or her office, the president may appoint the most senior judge of the supreme court to act in that officeuntil a person has been substantively appointed to, and assumed the functions of that office; until the chief justice has resumed the functions of his or her office, as the case may be. a vacancy in the office of chief justice shall be filled by a substantive appointment within six months. 141. tenure of office of judges no office of judge shall be abolished while there is a substantive holder thereof. subject to the provisions of this section, a judge of a superior courtmay retire on pension at any time after attaining the age of sixty-five years; shall vacate the office of judge on attaining the age of seventy-five years; may have his or her appointment terminated by the president in consultation with the judicial service commission. notwithstanding that he or she has attained the age at which he or she is required to vacate his or her office as provided in this section, a person holding the office of judge may continue in office for a period of six months after attaining that age to enable him or her to deliver judgement or do any other thing in relation to proceedings that were commenced before him or her previously thereto. a judge of a superior court shall only be removed from office only for inability to perform the functions of his or her office, whether arising from infirmity of body or mind, or for misconduct. a judge may be removed from his office if notice in writing is given to the speaker, signed by not less than one half of all the voting members of the national assembly, of a motion that a judge is unable to exercise the functions of his or her office on any of the grounds stated in subsection (4) and proposing that the matter should be investigated under this section. where a notice of a motion is received by the speaker under subsection (5), the speaker shall forthwith cause a vote to be taken on the motion without debate. if such motion is adopted by the votes of not less than two-thirds of all the members of the national assemblythe national assembly shall, by resolution, appoint a tribunal consisting of three persons, at least one of whom shall hold or shall have held high judicial office who shall be the chairman of the tribunal; the tribunal shall investigate the matter and shall report to the national assembly through the speaker whether or not it finds the allegations specified in the motion have been substantiated; if the tribunal reports to the national assembly that it finds the particulars of any such allegation have not been substantiated, no further proceedings shall be taken under this section in respect of that allegation; if the tribunal reports to the national assembly that it finds that the particulars of any such allegation have been substantiated, the national assembly shall consider the report at the first convenient sitting and if, on a motion supported by the votes of not less than two-thirds of all the members, the national assembly resolves that the judge be removed from office, the judge shall immediately cease to hold office. where a tribunal is established under this section in respect of any judge, the judge shall stand suspended from office. the suspension shall cease to have effect if the tribunal reports that none of the allegations against the judge has been substantiated or if a motion for his or her removal from office is not supported as provided in paragraph (d) of subsection (7). all proceedings in a tribunal under this section shall be held in camera and the judge concerned shall have the right to appear and be legally represented before the tribunal. 142. remuneration of judges a judge of a superior court shall be entitled to such salary, allowances, and on retirement such gratuity and pension, as may be prescribed by an act of the national assembly. the salary, allowances, retirement gratuity and pension of a judge, as so prescribed at the time of his or her appointment, shall not be varied to his or her disadvantage part v. administration of the courts 143. administrative provisions in the exercise of his or her responsibilities for the administration of the courts, the chief justice may issue orders and directions for the proper and efficient operation of the courts. there shall be a judicial secretary to assist the chief justice in the exercise of his or her responsibilities for the administration of the courts and financial matters. the judicial secretary shall be responsible to the chief justice for the performance of his or her duties. the judicial secretary shall be appointed by the president on the advice of the judicial service commission. 144. financial the chief justice shall submit the annual estimates of expenditure for the judicature to the president for presentation to the national assembly in accordance with this constitution. the president shall cause the estimates to be placed before the national assembly without amendment, but may attach to them his or her own comments and observations. the judicature shall be self-accounting, and the moneys charged on the consolidated fund or appropriated by an act of the national assembly for the judicature, shall be paid by the accountant general to the accounting officer for the judicature as required by the chief justice. part vi. the judicial service commission 145. the judicial service commission there shall be a judicial service commission which shall consist ofthe chief justice, who shall be chairman; a judge of a superior court; the solicitor general a legal practitioner of at least five years standing at the gambia bar nominated by the attorney general in consultation with the gambia bar association; one person appointed by the president; and one person nominated by the national assembly. the members of the commission (other than the members referred to in paragraphs (a) (e) and (g) of subsection (1)) shall be appointed by the president in consultation with the chief justice and subject to confirmation by the national assembly. a member of the national assembly shall not be qualified to be appointed a member of the commission. subject to subsection (5), a member of the commission shall hold office for a term of three years and may be re-appointed. a member of the commission shall vacate his or her office if he or she ceases to hold the office specified in subsection (1) by virtue of which he or she was appointed or if he becomes a member of the national assembly. a member of the commission (other than an ex officio member) may be removed from office by the president with the approval of the national assembly, but may only be removed for inability to exercise the functions of his or her office (whether arising from infirmity of mind or body or for any other cause) or for misbehaviour. a member shall be entitled to be heard in person or by a legal representative against any proposal to remove him or her. if a member of the commission is, for any reason, unable to exercise the functions of his or her office for a limited period, the president, acting in accordance with the advice of the chief justice, may appoint a person similarly qualified to act in his or her place. a member of the commission shall not enter upon the duties of his or her office until he or she has taken and subscribed the prescribed oaths. 146. appointment of judicial officers and court staff the power to appoint persons to hold or act in any office to which this subsection applies shall vest in the judicial service commission: provided that the commission may, with the approval of the chief justice and subject to any conditions as it may think fit, delegate the powers referred to in this subsection to any judge or to the holder of any office to which this subsection applies. subsection (1) applies to the offices ofmaster, registrar and assistant registrar of a superior court; the office of magistrate; the office of a member of any subordinate court; such other offices of a member of any court as may be prescribed by an act of the national assembly. the appointment of other officers and staff of the courts shall be made by the chief justice or such other judge or officer of the court as the chief justice after consultation with the judicial service commission may direct. 147. other functions of commission in addition to the other functions conferred the judicial service commission by this on constitution, the commission shall have powerto advise the president in the exercise of their powers relating to the appointment of judges; to make recommendations as to the terms and conditions of service of judges and other judicial officers and officers and staff of the courts; to make proposals to improve the administration and efficiency of the courts; to prepare and implement programmes for the education of the public about the administration of justice; to exercise such other functions as may be conferred on it by an act of the national assembly. 148. operation and procedure in the exercise of its functions under this constitution, the judicial service commission shall not be subject to the direction or control of any other person or authority. the commission may by rules or otherwise regulate its own procedure. the commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of a member: provided that any decision of the commission shall require the concurrence of a majority of its members. chapter ix. finance part i. public finance 149. taxation no taxation shall be imposed except by or under the authority of an act of the national assembly. an act of the national assembly may make provisionfor the collection of taxes proposed to be imposed or altered in a bill which has been presented to the national assembly during a period of four months from the date of presentation or such longer period as may be specified in a resolution passed by the national assembly after the bill has been presented; or for any local government authority established by law to impose taxation within the area for which such authority is established, and to alter such taxation, but no provision shall include power to waive any tax due. where any law confers power on any person or authority to waive or vary a tax imposed by any law, the exercise of that power in favour of any person or authority shall be subject to the approval of the national assembly. 150. consolidated fund there shall be a consolidated fund into which shall be paidall revenues or other money raised or received for the purposes of, or on behalf of, the government; and any other money raised or received in trust for, or on behalf of, the government. notwithstanding subsection (1), an act of the national assembly may providefor the payment of particular revenue or other money into some other fund established for a specific purpose; for the retention of revenue or other money by the department of government that received it for the purpose of defraying the expenses of that department. 151. withdrawal from consolidated and other funds no money shall be withdrawn from the consolidated fund exceptto meet expenditure charged on that fund by this constitution or an act of the national assembly; or where the issue of that money has been authorised by an appropriation act, a supplementary appropriation act or in accordance with subsection (4) of this section. no money shall be withdrawn from any other public fund of the gambia unless the issue of that money has been authorised by law. no money shall be withdrawn from the consolidated fund or any other public fund of the gambia (including a withdrawal under subsection (4)) unless the withdrawal has been approved by the auditor-general or a member of the national audit office designated by him or her for the purpose and it is made in the manner prescribed by an act of the national assembly. if the appropriation bill in respect of any financial year has not been passed into law by the beginning of that financial year, the president may authorise the withdrawal of money from the consolidated fund for the purposes of meeting expenditure necessary to carry on the services of the government for a period not exceeding four months from the beginning of the financial year. the withdrawal of funds in accordance with subsection (4) shall not exceed one third of the sums authorised for the relevant services by the appropriation act for the immediately preceding financial year. where money is charged on the consolidated fund or any other public fund by law, it shall be paid out of that fund to the person or authority to whom it is due. 152. annual estimates and appropriation the president shall cause the minister responsible for finance to prepare and lay before the national assembly at least thirty days before the end of the financial year, estimates of the revenue and expenditure of the gambia for the following financial year. the estimates shall include any estimates which, under this constitution, are to be submitted directly to the president by the chief justice or any other authority for presentation by the president to the national assembly. the national assembly shall, within fourteen days of the estimates being laid before it, give consideration to and approve the estimates. [deleted by act no. 6 of 2001.] when estimates of expenditure have been approved by the national assembly, an appropriation bill shall be introduced in the national assembly for the issue from the consolidated fund of the sums necessary to meet that expenditure (other than expenditure charged on the consolidated fund), under separate votes for the several services required and for the purposes specified therein. the national assembly shall, within seven days of the introduction of the appropriation bill, give consideration to and pass the bill. in addition to presenting the estimates for the following financial year, the president may cause to be prepared and presented to the national assembly: fiscal and monetary programmes and plans for economic and social development covering periods exceeding one year; and estimates of revenue and expenditure in respect of such programmes and plans. the chief justice and any other authority which is entitled to draw up its own estimates for presentation by the president to the national assembly shall provide the president with such estimates at least ninety days before the end of the previous financial year. an act of the national assembly may make provision to give effect to this section. 153. supplementary appropriation subject to section 154, if in respect of any financial year it is found that the amount appropriated under the appropriation act is insufficient or that a need has arisen for a purpose for which no amount has been appropriated by that act, a supplementary estimate showing the sums required shall be laid before the national assembly before the expenditure has been incurred. where a supplementary estimate or estimates have been approved by the national assembly, a supplementary appropriation bill shall be introduced into the national assembly for the appropriation of the sums so approved. 154. contingencies fund an act of the national assembly may make provision for the establishment of a contingencies fund and for authorising the president to make advances from that fund if he or she is satisfied that there has arisen an unforeseen and urgent need for expenditure for which no other provision exists: provided that the president shall not authorise any expenditure from the contingencies fund in excess of one per cent of the estimates approved by the national assembly for the current year before he or she has caused a supplementary estimate in respect of such excess expenditure to be presented to the national assembly. where any advance is made from the contingencies fund, a supplementary estimate shall be presented, and a supplementary appropriation bill shall be introduced for the purpose of replacing the amount so advanced within ninety days of the advance being made. 155. loans the national assembly may, by resolution supported by the votes of a majority of all the members, authorise the government to enter into an agreement for the granting of a loan out of any public fund or public account. an agreement to which subsection (1) refers shall be laid before the national assembly and shall not come into effect until it is approved by the national assembly. no loan shall be raised by the government on behalf of itself or any other person or authority otherwise than by or under the authority of an act of the national assembly. an act of the national assembly authorising the raising of a loan shall providethat the terms and conditions of a loan shall be laid before the national assembly and that the loan agreement shall not come into operation until they have been approved by the national assembly; and that any money received in respect of a loan shall be paid into the consolidated fund or some other public fund of the gambia. an act of the national assembly may provide for the application of this section, with any necessary modifications, toany guarantee by the government; or an international business or economic transaction to which the government proposes to become a party. the president shall, at such times as the national assembly may require, present to the national assembly such information as he or she may have relating tothe granting of loans, their servicing and repayment; the payment into the consolidated fund or other public fund of money derived from loans raised on institutions outside the gambia. 156. salaries, etc., charged on consolidated fund the salaries and allowances, and the retirement benefits, of the holder of the offices to which this section applies shall be a charge on the consolidated fund. this section applies to the offices ofthe president and the vice-president; the speaker; a judge of a superior court; a member of the independent electoral commission; the auditor-general; the ombudsman; and the director of public prosecutions. 157. the public debt the public debt of the gambia shall be a charge on the consolidated fund and such other public fund as an act of the national assembly may prescribe. for the purposes of this section, the public debt includes interest on the debt, sinking fund payments and redemption money in respect of that debt, and all costs, charges and expenses incidental to the management and repayment of that debt. part ii. the auditor-general and the national audit office 158. the auditor-general there shall be an auditor-general whose office shall be an office in the public service. the auditor-general shall be appointed by the president after consultation with the public service commission. before assuming the functions of his or her office, the auditor-general shall take and subscribe the prescribed oaths. subject to the other provisions of this section, a person holding the office of auditor-general shall vacate his or her office when he or she attains the compulsory retirement age, or upon the termination of his or her appointment by the president. a person holding the office of auditor-general may be removed from office only for inability to perform the functions of his or her office (whether from infirmity of mind or body or from any other cause) or for misbehaviour or incompetence. 159. national audit office there shall be a national audit office in the public services of which the auditor general shall be the head, and the other members of which shall assist the auditor-general in the performance of the functions conferred on him or her by this constitution or any act of the national assembly. subject to any act of the national assembly, the staff of the national audit office shall be appointed by the auditor-general after consultation with the public service commission, and, in the case of such senior or professional staff as may be prescribed by regulations of the public service commission. the accounts of the national audit office shall be audited by an appropriately qualified auditor or firm of auditors appointed by the finance and public accounts committee. the auditor-general shall submit the annual estimates of expenditure for the national audit office for the following year to the president for presentation to the national assembly in accordance with this constitution. the president shall cause the estimates to be placed before the national assembly without amendment, but may attach to them his or her own comments and observations. 160. functions of auditor-general the auditor-general shallbefore any money is withdrawn from the consolidated fund or any other public fund, ensure that the withdrawal is in accordance with the provision charging the same on that fund or the relevant appropriation act or other act of the national assembly and that it complies with the procedures prescribed by an act of the national assembly; satisfy himself or herself that money charged on the consolidated fund or other public fund, or appropriated by an act of the national assembly, and expended, has been applied for the purpose for which it was so charged or appropriated, and that expenditure conforms to the authority that governs it; at least once in every year audit and report on the public accounts of the gambia, the accounts of all offices and authorities of the government of the gambia, the accounts of the courts, the accounts of the national assembly and the accounts of all public enterprises; within six months of the end of the immediately preceding financial year to which each of the accounts referred to in paragraph (c) relates, report to the national assembly on the accounts and draw attention to any irregularities in the accounts audited and to any other matter which, in his or her opinion, ought to be brought to the notice of the national assembly; after his or her annual reports on the accounts of the government of the gambia, of all offices and authorities of the government, of the courts and of the national assembly have been discussed in the national assembly, cause the same to be published for public information: provided that where there is any undue delay in the discussion of any such accounts in the national assembly, the auditor-general may publish his or her report in advance of such discussion; exercise such other functions as may be conferred on him or her by an act of the national assembly. in the exercise of his or her functions under this constitution or any other law, the auditor general shallat all times carry out economy, efficiency and effectiveness examinations to satisfy himself or herself that public funds are spent in such manner as to reduce waste, eliminate inefficiency and maximise the benefits to be gained from the use of resources; have power to disallow any item of expenditure which is contrary to law and to surcharge: the amount of any expenditure so disallowed upon the person responsible for incurring or authorising the expenditure; or any sum which has not been brought into account upon the person by whom that sum ought to have been brought into account; or the amount of any loss or deficiency upon any person by whose negligence or misconduct the loss or deficiency has been incurred. a person aggrieved by any disallowance or surcharge made by the auditor-general may appeal to the high court. the auditor-general and any member of the national audit office authorised by him or her shall have power to call for and inspect all books, records, returns, reports and other documents in the exercise of the functions conferred upon him or her by this constitution or an act of the national assembly and to make such enquiries and to call such witnesses who, in his or her opinion, have any responsibilities, in relation to the accounts referred to in subsection (1). wherever discrepancies of a criminal or fraudulent nature are discovered during the audit of accounts by the auditor-general, he or she shall immediately cause a report of his or her findings to be submitted to the inspector general of police. where the government holds a minority interest in any company, the auditor-general may exercise, on behalf of the government, the power to inspect the books of account of the company and report to the government. in the exercise of his or her functions under this constitution or any other law, the auditor-general shall not be subject to the direction or control of any other person or authority. nothing in this constitution shall preclude the auditor-general, at the request of the head or governing body of any public body, corporation or institution referred to in subsection (1) (c), or on his or her own initiative, from carrying out any special audit of such body, corporation or institution; and where he or she carries out such a special audit, it shall be reported to the finance and public accounts committee. the finance and public accounts committee of the national assembly may extend the time within which any such report as is referred to in subsection (1)(d) shall be made to the national assembly. part iii. the central bank 161. establishment of central bank there shall be a central bank of the gambia the central bank shall be the only authority to issue the currency of the gambia. the central bank shall be the sole banker of the government and it shall be the principal depositary bank for all funds raised for, or on behalf of, the government. the central bank shallpromote and maintain the stability of the currency of the gambia; direct and regulate the financial, insurance, banking and currency system in the interest of the economic development of the gambia; encourage and promote sustainable economic development and the efficient utilisation of the resources of the gambia through the effective and efficient operation of a banking and credit system; exercise such other functions as may be conferred on the central bank by an act of the national assembly. it shall be the duty of the central bank to ensure that all money paid to or received for or on behalf of the government is recorded in proper books of account in accordance with recognised accounting standards. it shall ensure that all withdrawals from the various government accounts with itself are properly authorised in accordance with this constitution and any act of the national assembly and that the overdrawing on any of the government's accounts with itself is permitted only if so authorised. 162. the board of the central bank the authority of the central bank shall vest in the board of directors of the bank which shall comprisea chairman, who shall be the governor and chief executive of the bank; and four other directors. the members of the board of directors shall be appointed from among persons of standing and experience in financial matters by the president, in consultation with the public service commission. subject to the provisions of this section the directors, other than the chairman, shall be appointed for a term of two years and the appointments shall be made with a view to ensuring that no more than two such directors' terms of office expire in any one year. such directors may be re-appointed for a further term. any director may be removed from office by the president ifhe or she is convicted of an offence involving dishonesty or fraud; he or she is declared bankrupt or makes a composition with his or her creditors; he or she is unable to perform the functions of his or her office due to infirmity of mind or body or for any other cause; he or she knowingly engages in any activity detrimental to the interests of the central bank. a director shall have the right to be heard in person or by his or her legal representative against any proposal to remove him or her. where a director is, by reason of illness which is believed to be of limited duration, unable to perform the functions of his or her office, the president may appoint a suitably qualified person to act for such director. except with the approval of the national assembly, neither the governor nor any general manager of the central bank shall hold any other office of profit or emolument or occupy any other position carrying the right to remuneration for the rendering of services. nothing in this section shall be construed as prohibiting any director, other than the governor, from conducting business with the central bank or any other person or authority, provided he or she declares his or her interest in writing to the board of directors and abstains from participating in any meeting of the board at which a matter in which he or she has such an interest is a subject for discussion. the board of directors shall regulate its own procedures and may make rules and give directions to regulate the administration of the central bank and the conduct of its business. within three months following the end of its financial year, the central bank shall submit to the national assembly a report of its activities and business for the previous year. in the performance of its functions, the central bank shall be subject to the direction and control of the ministry of finance, in accordance with the central bank act, or any act of the national assembly amending or replacing the said act. the central bank shall have regular consultations with the president and any other relevant authorities or agencies. chapter x. the ombudsman 163. national assembly to establish office of ombudsman subject to the provisions of this constitution, an act of the national assembly shall within six months of the coming into force of this constitution establish the office of ombudsman and provision for his or her functions and dutiesin the investigation of any action taken by a government department or other authority, or other public body, to which the act applies, being action taken in the exercise of the administrative functions of that department or authority, on a complaint by a member of the public who claims he or she has suffered injustice in consequence of maladministration or mismanagement, or discrimination on any ground set out in chapter iv, in connection with such action; in the investigation, on his or her own initiative, of allegations of maladministration, mismanagement or discriminatory practices in any government department, authority, or other public body, to which the act applies; in the investigation of complaints of any failure to observe the code prescribed in chapter (xxi) for the conduct of public officers. without prejudice to the generality of subsection (1), an act of the national assembly may; determine the departments, authorities and other public bodies to which the act shall apply; determine the actions or classes of action which may be subject to such investigations; determine the departments, authorities, public bodies and actions which shall be excluded from such investigations; determine the procedure to be adopted in any investigation and the powers which may be exercised in the course of such investigation, including the power of the ombudsman to require persons to furnish documents and other information and to provide evidence, and provide for the right of any department, authority, other public body or person to be heard when its, or his or her, actions are the subject of an investigation; provide for sanctions for the obstruction of the ombudsman in the exercise of his or her functions or a failure to comply with his or her lawful requirements; provide for the making of reports by the ombudsman, including an annual report to the national assembly, and reports to the inspector-general of police in the event of his or her investigations disclosing the commission of a criminal offence or to the attorney-general in the event of their disclosing any other failure to comply with a provision of law; provide for the appointment of one or more deputy ombudsman, to exercise, under the directions of the ombudsman, the functions of that office; make such administrative and financial provisions as may be necessary or desirable for the efficient functioning of the office of ombudsman. 164. appointment and tenure of office of ombudsman the president shall appoint an ombudsman and of office of ombudsman his or her deputies in consultation with the public service commission, subject to confirmation of the national assembly within seven days of the presentation of the request: provided that where the national assembly rejects a person nominated by the president, it shall not again reject the person nominated to replace him or her. in making an appointment under this section, the president shall have regard to the need for persons exercising the functions of ombudsman to have substantial administrative or professional experience. the office of ombudsman and deputy ombudsman shall be offices in the public service. a person shall not be qualified to hold office as ombudsman or deputy ombudsman if he or she is a member of the national assembly, a secretary of state or holds any other public office. subject to this constitution, an act of the national assembly shall prescribe the tenure and terms of service of the ombudsman and any deputy ombudsman. an ombudsman or deputy ombudsman may only be removed from office by the president for inability to discharge the functions of his or her office (whether arising from infirmity of mind or body or from any other cause) or for misconduct, and shall not be removed unless the national assembly has appointed a tribunal to investigate the case and his or her removal has been approved by resolution of the national assembly supported by the votes of not less than two-thirds of all the members of the national assembly. the ombudsman or a deputy ombudsman shall have the right to be heard and to be legally represented before the tribunal. 165. independence of ombudsman subject to the provisions of this chapter, in the exercise of his or her functions, the ombudsman and a deputy ombudsman shall not be subject to the direction or control of any other person or authority but subject only to the constitution and the law. all departments, authorities and other public bodies which are subject to investigation by the ombudsman shall accord such assistance as he or she may require for the protection of the independence, dignity and effectiveness of the ombudsman in the performance of his or her functions. chapter xi. the public services part i. public service 166. the public service subject to an act of the national assembly, the public service of the gambia shall comprise the civil service as established immediately before this constitution comes into force and the offices declared elsewhere in this constitution to be offices in the public service. subject to this constitution, acts of the national assembly may provide for the establishment and regulation of separate public services of the gambia (which may include common services for the staff of local government authorities or the staff of public enterprises). any such act shall include provision forthe appointment or election of a competent authority for the administration of the particular public service; the functions and membership of the service, and may provide for an appointing authority other than the public service commission for the service. any such particular public service shall form part of the public service of the gambia. for the avoidance of doubt, it is hereby declared that an office in the public service includes the office of judge of a superior court, and of any other court the emoluments of which are payable out of any public fund of the gambia, and the office of a principal representative of the gambia abroad. in this constitution, an office in the public service does not includethe offices of president, vice-president, speaker or deputy speaker of the national assembly, secretary of state or a member of the national assembly; the offices of a member of any commission (other than a commission the members of which are hereby or by an act of national assembly declared to hold an office in the public service), or a member of the advisory committee on the exercise of the prerogative of mercy or the advisory committee on the conferment of honours. 167. appointment to and removal from offices in the public service in this constitutionpower to appoint any person to hold or to act in any office in the public service shall include the power to confirm appointments, to exercise disciplinary control over and to remove persons holding or acting in such offices and to re-appoint or reinstate any person appointed in exercise of the power in question unless such power is expressly or by necessary implication vested in some other person or authority; power to remove an officer in the public service shall include power to require such officer to retire from the public service: provided that nothing in this paragraph shall be construed as conferring on any person or authority the power to require a judge of a superior court, the director of public prosecutions, the auditor-general or the ombudsman or a deputy ombudsman to retire from the public service; any provision which vests in any person or authority power to remove a person from any public office shall be without prejudice to the power of any person or authority to abolish any office or to any law for the compulsory retirement of public officers. 168. head of the civil service the president, acting in accordance with the advice of the public service commission, shall appoint a person holding an office in the public service on permanent terms to be the head of the civil service. the head of the civil service shall be the competent authority for the civil service. the head of the civil service shall not hold any other office of profit or emolument in the service of the gambia. 169. protection of public servants no public servant shall bevictimised or discriminated against either directly or indirectly for having discharged his other duties faithfully and according to law; be removed from office or reduced in rank or otherwise punished without just cause. in this section, "public servant" means a person holding an office in the public service, a person in the service of local government authority, and a person in the service of a public enterprise. 170. restriction on political activities of public servants a person holding an office in the public service shall not hold office in any political party. any person who holds an office in a public service who wishes to contest an election for political office shall, prior to nomination as a candidate, obtain one year's leave of absence without pay, which leave shall not unreasonably be refused. if a person who has obtained leave of absence in accordance with this section is elected to a political office, he or she shall immediately resign from his or her office in the public service and, if he or she fails to do so, he or she shall be removed from such office. 171. retirement age save as provided in this constitution, a person holding an office in a public serviceshall retire from such office on attaining the age of fifty-five years* or such other age as may be prescribed by an act of the national assembly (which age is referred to as "the compulsory retirement age"); and may retire with an earned pension at any time after attaining the age of forty-five years or such other age as may be prescribed by an act of the national assembly. part ii. the public service commission 172. establishment of commission there shall be a public service commission for the gambia. the public service commission shall comprise a chairman and not less than two nor more than four other members. the members shall be persons of high integrity and good character and shall be appointed by the president. all the members of the commission shall be full time members. a person shall not be qualified to be appointed a member of the public service commission if he or sheis a member of a public service or a member of a disciplined force; is a member of the national assembly or of a local government authority; is a member of the governing body of a public enterprise; is a member of the executive body of a political party; has, within the two years preceding his or her appointment, been nominated as a candidate in an election to the national assembly; or is not qualified to be elected as a member of the national assembly or is disqualified from holding an office in the public service. a member of the public service commission shall not hold any other public office and shall be disqualified for appointment to any office in the public service during a period of three years after he or she ceases to be a member of the commission. subject to the provisions of this section, the members of the public service commission shall be appointed for a term of two years, which term shall be renewable: provided that half of the members first appointed after the coming into force of this constitution shall be appointed for shorter terms in order to provide continuity in the commission a member of the public service commission may be removed from office by the president only for inability to perform the functions of his or her office by reason of infirmity of mind or body or any other cause, or for misconduct or incompetence. before assuming the functions of his or her office, a member of the public service commission shall take the prescribed oaths. except as provided in this constitution or any other law not inconsistent with this constitution, in the exercise of its functions under this constitution, the public service commission shall not be subject to the direction or control of any other person or authority. 173. powers of appointment save as otherwise provided in this constitution or any act of the national assembly for the establishment of a particular public service, the power to make appointments to offices in the public service shall vest in the public service commission. subsection (1) does not apply in relation toany office in the service of a local government authority; any office as a member, or in the service, of a public enterprise; any office as a member of the disciplined forces. the power to make an appointment to the office of permanent secretary of a department of the government shall be exercised by the public service commission in consultation with the head of the civil service. no person shall be appointed to the personal staff of the president or the vice-president except with the agreement of the president or vice-president, as the case may be. the power to appoint persons to hold or act in any office in an institution of higher education, research or professional training established within the public service, shall vest in the governing body of that institution. the commission shall, in any case in which this constitution requires an appointment to be made after or in consultation with, or on the recommendation of, the commission, exercise its powers in that regard, and may, at the request of the president or the competent authority concerned, render advice on appointments within their respective powers. 174. other powers of commission the public service commission shall have powerto make provision for the overall management and efficiency of the public service; to review the terms and conditions of service of persons holding office in the public service; to review the general orders and regulations of the public service and the requirements of the public service as respects training and qualifications and to advise the government thereon; to prescribe the terms and standards for entrance and promotion examinations and establish standards and guidelines for the public service. the public service commission shall have such supervisory and regulatory powers to give effect to their functions under subsection (1) as may be prescribed by an act of the national assembly. subject to this constitution and any act of the national assembly establishing a particular public service, the functions of the commission under subsection (1) may be exercised in respect of offices in the public service notwithstanding that the power to make appointments to such offices is vested in some person or authority other than the commission. the president may delegate such of his or her powers relating to the public service as he or she thinks fit to the public service commission or to the competent authority for any particular service of the public service, subject to such conditions as may be included in the instrument of delegation or any subsequent instrument. the public service commission may with the approval of the president and subject to confirmation by the national assembly make regulations for the performance of its functions. the public service commission shall submit an annual report on the performance of its functions to the national assembly. part iii. public enterprises 175. public enterprises in this constitution, "public enterprise" means any body corporate or other body or institution wholly owned or controlled by the government. the members of the board of directors or other governing body of a public enterprise shall be appointed by the president after consultation with the public service commission and shall be selected from amongst persons of integrity, competence and maturity of judgement. a member of the national assembly, the holder of a political office or an officer of a political party shall not be qualified to be appointed to the board of directors or other governing body of a public enterprise. the chief executive of a public enterprise shall be appointed by the president after consultation with the board of directors or other governing body of the public enterprise and the public service commission. all other appointments to the staff of a public enterprise shall be made by the board of directors or governing body, or by some member of the staff of the public enterprise appointed by the board or governing body. within six months of the coming into force of this constitution, an act of the national assembly shall establish a committee to monitor the operations of public enterprises, and shall prescribe the manner in which such enterprises shall be accountable to the national assembly and shall conduct their affairs in order to promote efficiency, transparency and probity in all their undertakings. a public enterprise shall, within three months of the end of its financial year submit an annual report to the national assembly on its business and operations during the preceding year: provided that the appropriate committee of the national assembly may extend the time for the submission of any report. on the coming into force of this constitution, the public service commission shall provide existing public enterprises with guidelines on personnel matters and shall provide such guidelines to any public enterprise established thereafter. part iv. pensions 176. protection of pension rights the law applicable to any benefits to which this section applies shall, in relation to any person who has been granted, or who is eligible to be granted, such benefits, be that in force on the relevant date or any later law that is not less favourable to that person. in this section, "the relevant date" meansin relation to benefits granted before the 18th february 1965, the date on which those benefits were granted; in relation to any benefits granted on or after the 18th february 1965 to or in respect of any person who was a public officer before that date, the 18th february 1965; in relation to any benefits granted or to be granted to or in respect of any person who became, or becomes, a public officer on or after the 18th february 1965, the date on which he or she became or becomes a public officer. where any person is entitled to exercise an option as to which of two or more laws shall apply in his or her case, the law specified by him or her in exercising the option shall, for the purpose of this section, be deemed to be more favourable to him or her than the other law or laws. any benefit to which this section applies (not being a benefit that is a charge on some other fund of the gambia) shall be a charge on the consolidated fund or upon such other special fund, whether contributory or noncontributory, as may be prescribed by act of the national assembly. this section applies to any benefits payable under any law providing for the grant of pensions, gratuities or compensation to persons who are or have been public officers in respect of their service in the public service or to the widows, children, dependants or personal representatives of such persons in respect of such service. reference to the law applicable to any benefits to which this section applies includes references to any law relating to the time at which and the manner in which any person may retire in order to become eligible for those benefits. 177. public service pensions to be free of tax a pension payable to any person who is or has been a public officer in respect of his or her service in the public service or to the widow, children or dependants of such persons in respect of such service shallbe free of all tax; be subject to review to take account of relevant salary increases. chapter xii. the police force and prison service part i. the police force 178. the gambia police force there shall be a police force of the gambia of which the inspector-general of police shall be the head. the police force shall be equipped and maintained to perform its traditional role of maintaining law and order, and such other functions as may be prescribed by an act of the national assembly. no person or authority shall raise any other police force or service except by or under the authority of an act of the national assembly. [deleted by act no. 6 of 2001.] [deleted by act no. 6 of 2001.] 180. police council there shall be a police council whose composition, 6 of 2001 functions and powers shall be prescribed by an act of the national assembly. [deleted by act no. 6 of 2001.] part ii. the prison service 182. the gambia prison service there shall be a prison service which shall be headed by the commissioner of prisons. an act of the national assembly shall prescribe the functions and powers of the prison service. 183. control of prison service subject to the general authority and direction of the president and the control of the prison service council, the commissioner of prisons shall be responsible for the operational control and administration of the prison service and prisons in the gambia. 184. prison service there shall be a prison service council whose composition, functions and powers shall be prescribed by an act of the national assembly. 185. appointments in prison service the commissioner of prisons shall be appointed by the president after consultation with the national security council. subject to this section, the power to appoint persons in the rank of assistant commissioner and above in the prison service shall be vested in the president on the advice of the commissioner of prisons through the secretary of state. subject to any regulations made by the prison service council, the power to appoint persons to a rank in the prison service below that of assistant commissioner shall vest in the commissioner. chapter xiii. the armed forces and the national intelligence agency part i. the armed forces 186. armed forces there shall be the armed forces of the gambia which shall consist of the army, the navy and the air force and such other services for which provision is made by an act of the national assembly. no person shall raise an armed force except by or under the authority of an act of the national assembly. the armed forces shall be equipped and maintained to perform their role of defence of the gambia as well as such other functions for the development of the gambia as provided in this constitution. 187. functions the principal functions of the armed forces areto preserve and defend the sovereignty and territorial integrity of the gambia; to aid the civil authorities, at their request, in emergencies and in cases of natural disasters; to engage, at the request of the civil authorities, in productive activities, such as agriculture, engineering, health and education for the development of the gambia. it shall be the aim of the government and the armed forces to maintain harmony and to foster understanding between the armed forces and the civilian population, and to that endthe national youth service shall be organised with the co-operation and assistance of the armed forces; the armed forces shall establish training programmes for their members at all levels to equip them with skills and trades, and a programme of secondment to civilian occupations, so as to enable members of the forces to return, after their service to a full and productive civilian life, there shall be established an army reserve. it shall be the duty of the members of the gambia armed forces to respect the fundamental rights and freedoms of other persons. 188. control of the armed forces subject to the authority and directions of the president and of the armed forces council, the chief of defence staff shall be responsible for the operational control and administration of the armed forces. without prejudice to his or her general power and authority as commander-in-chief, the president may give a force commander directions with respect to the operational use of the commander's forces in the gambia for the purposes of maintaining and securing public safety and public order, and the force commander shall comply with those directions. in the exercise of his or her powers as commander-in-chief, the president shall, whenever practicable, consult the national security council. the president shall not deploy any troops outside the gambia without the approval of the national assembly. 189. armed forces council there shall be an armed forces council which shall consist ofthe vice-president as chairman; the secretary of state for the time being responsible for defence; the chief of defence staff; the armed forces chief of staff; the commanders of the army, the navy and the air force; the permanent secretary of the ministry responsible for defence; two other persons appointed by the president subject to confirmation by the national assembly. the armed forces council shalladvise the president on all matters of policy relating to defence and strategy, including the role of the armed forces, defence budgeting and finance, administration, and any other matter which the president may refer to the council; advise the president on the promotion of officers to the rank of lieutenant colonel or its equivalent and above; with the prior approval of the president, make regulations for the performance of its functions under this constitution and any other law and, subject to any act of the national assembly in that regard, for the effective and efficient administration of the armed forces. regulations made under subsection (2) shall include regulations in respect ofthe control and administration of the armed forces; the ranks of the officers and men of each service, the members in each rank and the use of uniforms by the members; the conditions of service, enrolment, pay, pensions, gratuities and other allowances of officers and men, and deductions therefrom; the authority and powers of command of officers and men; the powers of commanding officers to try members of the armed forces; the establishment of research and development units in each service. 190. appointments in armed forces the president shall, after consulting the national security council, appoint: the chief of defence staff of the armed forces; the armed forces chief of staff; the commanders of the army, the navy and the air force. a person shall not be qualified for appointment in accordance with subsection (1) if he or she is not a citizen of the gambia or if he or she holds the citizenship or nationality of any other country. the president may, after consulting the national security council, remove from office the chief of defence staff, the armed forces chief of staff, or the commander of the army, the navy or the air force. the president may, after consulting the armed forces council, appoint the commanders of any formation or unit of the armed forces. the president shall, in accordance with the advice of the armed forces council, grant commissions in the armed forces. part ii. national intelligence agency 191. national intelligence agency there shall be a national intelligence agency which shall be under the command of the president. subject to any act of the national assembly and the provisions of this constitution, the national intelligence agency shall be governed by the national intelligence agency decree, 1995. chapter xiv. land commission 192. land commission there shall be established a land commission whose composition, functions and powers shall be prescribed by an act of the national assembly. chapter xv. local government and traditional rulers 193. system of local government local government administration in the gambia shall be based on a system of democratically elected councils with a high degree of local autonomy. an act of the national assembly shall provide for the establishment of city councils, municipalities and area councils (which are together referred to as local government authorities), and the general district in which each shall have jurisdiction. the geographical boundaries of each local government authority shall be determined by the independent electoral commission. an act of the national assembly shall make provision for the functions, powers and duties of local government authorities including provision forthe infrastructure and development of the area within the authority's jurisdiction; the encouragement of commercial enterprises; the participation of the inhabitants in the development and administration of the area; the essential and other services to be provided by the authority; the raising of local revenue; the management, control and oversight of the authority's finances and the audit of its accounts by the auditor-general; the making of by-laws; the preservation of the environment; the promotion of gambian traditions and culture; the control of financial and other resources allocated by the central government. it shall be an object of the local government system that so far as possible, issues of local policy and administration shall be decided at a local level and that local government authorities shall co-operate with the central government in adopting a policy of decentralisation. 194. local government authorities an act of the national assembly by or under which a local government authority is established shall include provision forthe election of members of the authority from among residents of the area within the authority's jurisdiction at intervals of four years, and the qualifications for election; the additional representation on the authority of district chiefs and representatives of local commercial, occupational or social interests or groups, whether by election or otherwise; the direct election of the mayor or chairperson of the authority; the tenure of office of members of the authority; the recall by their wards of members of the authority; the appointment of committees from amongst the members of the authority, including finance, establishment and appointment, and development committees; the appointment of a chief executive for the authority to be responsible to the authority for the administration of its services and the implementation of its policy and programmes; and for the terms and conditions of his or her appointment. chapter xvi. the national youth service 195. national youth service scheme there shall be established a national youth service scheme whose composition, operation and functions shall be prescribed by an act of the national assembly. 196. participation in the service citizens of the gambia who have attained the age of eighteen years shall, subject to any exemptions and deferments prescribed by an act of the national assembly, be required to join the national youth service. an act of the national assembly may provide that any person who seeks an appointment in the public service shall provide evidence of his or her having participated in, or been exempted from joining, the national youth service. 197. national youth service board the national youth service board shall be responsible for the operation of the national youth service. the board shall be composed of a chairman and four other members who shall be appointed by the president, in consultation with the secretary of state. subject to this constitution and any act of the national assembly, the board may, with the prior approval of the president, make regulations for the performance of its functions under this constitution or any other law and for the effective and efficient administration of the national youth service. chapter xvii. the national council for civic education 198. national assembly to establish national council for civic education there shall be established a national council for civic education whose composition, functions and powers shall be prescribed by an act of the national assembly. 199. functions of the council the functions of the national council for civic education shall beto create and sustain within society an awareness of the principles and objectives of this constitution as the fundamental law of the gambia; to educate and encourage the public to defend this constitution against all forms of abuse and violence; to formulate, from time to time, for the consideration of the government programmes at national and district levels aimed at realising the objects of this constitution; to formulate, implement and oversee programmes aimed at inculcating in the citizens of the gambia awareness of their civic and fundamental rights, duties and responsibilities; to educate the citizens of the gambia about international, regional and subregional matters relevant to the gambia, and such other functions as an act of the national assembly may prescribe. an act of the national assembly may provide for the establishment of district branches of the council. in the exercise of its functions, the council shall be a-political and, save as may be provided by an act of the national assembly, shall not be subject to the direction or control of any other person or authority. chapter xviii. commissions of inquiry 200. commissions of inquiry the president may, whenever he or she deems it advisable, issue a commission appointing one or more commissioners and authorising such commissioners to inquire intothe conduct of any public officer; the conduct of any district chief or alkalo; the conduct or management of any department or authority of the public service or any local government authority or public enterprise; any matter whatever arising in the gambia in which an inquiry would, in the opinion of the president, be for the public good. the national assembly may request the president to establish a commission of inquiry for any of the purposes set out in subsection (1). except as may be ordered by the presiding commissioner in the interest of public morality, public safety or public order, the proceedings of a commission of inquiry shall be held in public: provided that the presiding commissioner shall be entitled to exclude any particular person or persons for the preservation of order. 201. presiding commissioner a person shall not be appointed a sole commissioner or the chairman of a commission of inquiry unlesshe or she is, or has been, a judge of a superior court, whether in the gambia or outside it; he or she is qualified to be appointed a judge of a superior court. where a commission of inquiry consists of more than two members, at least one commissioner shall be a person who has special qualifications or knowledge in the field of the matter under investigation. 202. function and powers of commission a commission of inquiry shallmake a full and impartial investigation into the matter in respect of which the commission is established; and furnish in writing a report on the results of the inquiry, including a statement of the reasons leading to the conclusions of the commission. a commission of inquiry shall have all the powers, rights and privileges of a judge of the high court at a trial in respect ofenforcing the attendance of witnesses and examining them on oath, affirmation or otherwise; compelling the production of documents; issuing a commission or request for the examination of witnesses abroad, and making interim orders. a commissioner appointed under section 200 shall not be liable to any action or suit in respect of any matter or thing bona fide done or omitted to be done in the performance of his or her functions as a commissioner. 203. publication of report on receipt of the report of a commission of inquirythe president shall within six months publish the report and his or her comments on the report, together with a statement of any action taken, or the reason for not taking any action, thereon; or where the president refuses to publish the report for reasons of national security or otherwise in the public interest, he or she shall, within six months, publish a statement to that effect. 204. adverse findings where a commission if inquiry makes an adverse finding against any person, it shall, at the time of submitting its report to the president, inform such person of the finding and the reasons therefor. a person against whom any such adverse finding has been made may appeal against such finding to the court of appeal as of right as if the finding were a judgement of the high court; and on the hearing of the appeal the report shall be treated as if it were such a judgment. an appeal under this section shall be made within three months of the appellant being informed of the adverse finding as provided by subsection (1) or such later time as the court of appeal may allow. 205. immunities of witnesses a witness before a commission of inquiry shall be entitled to the same immunities and privileges as if he or she were a witness in proceedings before the high court. 206. national assembly to make further provision an act of the national assembly may make further provision for the purposes of this chapter, and subject to any such act, the owner conferred by any law to make rules of court for the superior courts shall be deemed to include power to make rules regulating the procedure and practice of all commissions of inquiry. chapter xix. the media 207. freedom and responsibility of the media the freedom and independence of the press and other information media are hereby guaranteed. an act of the national assembly may make provisions for the establishment and operation of the press and other information media. the press and other information media shall, at all times, be free to uphold the principles, provisions and objectives of this constitution, and the responsibility and accountability of the government to the people of the gambia. 208. responsibility of state owned media all state owned newspapers, journals, radio and television shall afford fair opportunities and facilities for the presentation of divergent views and dissenting opinion. 209. limitations on rights and freedoms the provisions of sections 207 and 208 are subject to laws which are reasonably required in a democratic society in the interest of national security, public order, public morality and for the purpose of protecting the reputations, rights and freedoms of others. [deleted by act no. 15 of 2004.] chapter xx. directive principles of state policy 211. application of the directive principles of state policy the principles of state policy in this chapter shall form part of the public policy of the gambia for the establishment of a just, free and democratic state. these principles shall not confer legal rights or be enforceable in any court butsubject to the limits of the economic capacity and development of the gambia, the executive, the legislature and all other organs of the state in taking policy decisions, making laws and in the administration of the gambia, shall according to their respective functions be guided by and observe them with a view to achieving by legislation or otherwise the full realisation of these principles; and the courts are entitled to have regard to these principles in interpreting any laws based on them. 212. national integration and unity all organs of the state shall strive towards the realisation of national unity, peace and stability. every effort shall be made to integrate the people of the gambia and foster loyalty to the gambia without discrimination. all the people of the gambia shall be entitled to their ethnic, religious and cultural values which do not disturb the unity or cohesion of the state. 213. national sovereignty and independence the state and all citizens of the gambia shall endeavour to protect and enhance national sovereignty including social, political, and economic independence and territorial integrity. the state shall pursue policies which avoid undue dependence on other nations and institutions. 214. political objectives the gambia shall be a democratic state dedicated to freedom, peace, progress, prosperity and justice. the people shall express their will and consent as to who shall govern them and how they shall be governed, through regular, free and fair elections of their representatives. the state shall be guided by the principles of decentralisation and devolution of governmental functions and powers to the people at appropriate levels of control to facilitate democratic governance. in the composition of the government, women shall be fairly represented. the government, with due regard to the principles of an open and democratic society, shall foster accountability and transparency at all levels of government. 215. economic objectives the state shall endeavour to create an economic environment that maximises the rate of economic growth and employment and secures the maximum welfare and prosperity for all persons in the gambia. the state shall endeavour to keep inflation under control. recognising that the most secure democracy is one that assures the basic necessities of life for its people, the state shall endeavour to establish an efficient, dynamic and self-reliant economy whose underlying principles shall include ensuring: ample and equal economic opportunity for all citizens and a pronounced role for the private sector, and the encouragement of private initiative; that persons bear their fair share of social and national responsibilities including their responsibility to contribute to the development of the country; and a balanced development of all parts of the gambia, improvement in the quality of life in rural communities and redressing economic imbalances between rural and urban communities. the state shall pursue a policy of: giving adequate priority to those sectors of the economy which promote national prosperity; promoting the development of agriculture and related industry; encouraging and protecting beneficial foreign investment; protecting the environment of the nation for posterity; and co-operation with other nations and bodies to protect the global environment. the state shall endeavour to ensure equal opportunity and full participation for women in the economic development of the country. 216. social objectives the state shall endeavour to secure and promote a society founded on the principles of freedom, equality, justice, tolerance, probity and accountability. the state shall pursue policies to protect the rights and freedoms of the disabled, the aged, children and other vulnerable members of society and to ensure that such persons are provided just and equitable social opportunities. the state, in pursuing policies under subsection (2), shall be bound by the fundamental rights and freedoms in the constitution and shall be guided by international human rights instruments to which the gambia is a signatory and which recognise and apply particular categories of basic human rights to development processes. the state shall endeavour to facilitate equal access to clean and safe water, adequate health and medical services, habitable shelter, sufficient food and security to all persons. the state shall encourage and promote the establishment and maintenance of contributory schemes that shall provide economic security for all citizens. the state shall endeavour to ensure safe systems of working for persons who are employed and to provide that such persons are entitled to adequate rest, leave and leisure. the state shall endeavour to ensure that adequate sports facilities are established throughout the gambia and that sports are promoted as a means of fostering national integration, health and self-discipline and international friendship and understanding. 217. educational objectives the state shall endeavour to provide adequate educational opportunities at all levels of study for all citizens. the state shall pursue policies to ensure basic education for all citizens and shall endeavour to provide adequate resources so that such tuition for basic education shall be free for all citizens. the state shall endeavour to provide skills training centres. the state shall take measures to create an adult literacy programme, rehabilitative vocational training for the disabled, and continuing education programmes. 218. cultural objectives the state and all the people of the gambia shall strive to protect, preserve and foster the languages, historic sites, cultural, natural and artistic heritage of the gambia. 219. foreign relations the state shall endeavour to ensure that in international relations it: promotes and protects the interest of the gambia; seeks the establishment of a just and equitable international economic and social order; fosters respect for international law, treaty obligations and the settlement of international disputes by peaceful means; and is guided by the principles and goals of international and regional organisations of which the gambia is a signatory. 220. duties of a citizen the exercise and enjoyment of rights and freedoms are inseparable from the performance of duties and obligations, and accordingly, every citizen shall: promote the prestige and good reputation of the gambia and respect the symbols of the gambia; uphold and defend the constitution; foster national unity and live harmoniously with others; respect the rights, freedoms and legitimate interests of others and refrain from acting in a manner detrimental to the welfare of other persons; serve the gambia by working conscientiously in his or her chosen occupation; protect and preserve public property and expose and combat the misuse and waste of public funds and property; contribute to the well being of the community in which the citizen lives; be loyal to the gambia and contribute to its defence when necessary; cooperate with the appropriate agencies in the maintenance of law and order; and protect and conserve the environment of the gambia. it shall be the duty of every citizen to abide by and conform with the provisions set out in subsection (1), but such duties shall not, of themselves, render any person liable to proceedings of any kind in any court. chapter xxi. code of conduct for public officers 221. application of code of conduct the provisions of the code of conduct set out in section 222 shall apply to persons who hold public office or hold office in a public service, members and the staff of local government authorities and public enterprises, and members of a disciplined force (each of whom is in this chapter referred to as a "public officer"). the failure on the part of a public officer to observe a provision of this code shall not, of itself, render that officer liable to any civil or criminal proceedings in any court, but any such failure mayin any proceedings in the national assembly under this constitution, or any disciplinary proceeding against a person, be taken into account in determining any question at issue in those proceedings; in any proceedings before a court, be admissible in evidence and, if the provisions of the code appear to the court to be relevant to any question arising in the proceedings, it may be taken into account in determining that question. an act of the national assembly may make provisionfor the modification of the code of conduct; the adoption of supplementary codes of conduct by the judicial service commission, the public service commission, the competent authority of any public service or the disciplinary authorities of any disciplined force. 222. the code of conduct the code of conduct is as follows: the code of conduct in the performance of his or her duties, a public officer shall observe the following rules: duties of public officers a public officer shall respect and comply with the law and shall conduct himself or herself at all times in a manner which promotes confidence in the integrity of public office. a public officer shall acquire such professional competence to enable him or her to perform the functions of his or her office with efficiency. he or she shall dispose promptly of the business of his or her office, shall devote adequate time to his or her duties, be punctual in attending work and expeditious in bringing to a conclusion any matter under his or her attention. a public officer shall require his or her staff to observe the same standards. a public officer shall not, in the course of his or her official functions and without lawful excuse, do or cause to be done any action which is prejudicial to the rights of any other person. in the exercise of his or her duties, a public officer shall avoid nepotism and favouritism. a public officer shall not encourage others to convey the impression that they are in a special position to influence him or her. a public officer shall take appropriate action with regard to contravention of this code by members of his or her staff or others subject to his or her control. a public officer who does any act prohibited by this code through an agent shall himself or herself be deemed to have done such act. a public officer who exercises judicial functions shall: maintain order and decorum in judicial proceedings before him or her; be patient, dignified and courteous to all litigants, witnesses, legal practitioners and others in the exercise of such functions, and shall require similar conduct from his or her staff and others subject to his or her control; abstain from comment about the outcome of any pending or anticipated legal proceedings in any court in the gambia and require a similar abstention from his or her staff and others subject to his or her control; financial a public officer shall not hold more than one full-time public office in respect of which he or she is paid a salary. a public officer shall not put himself or herself in a position where his or her personal interest conflicts with his or her duties or responsibilities. a public officer shall not ask for or accept any property or benefits of any kind for himself or herself or any other person on account of anything done or omitted to be done by him or her in the course of his or her duties. the receipt of any gift or benefit from or on behalf of a commercial firm, business enterprise or a person having or negotiating a contract with the government shall be deemed to be in contravention of this paragraph unless the contrary is established. a public officer shall only accept gifts or benefits from relatives and friends to such extent and on such occasions as are customary. however the receipt of any gift or donation by a public officer on any public or official occasion shall, if surrendered to the office, department or agency represented by the public officer, not be treated as a contravention of this code. a person holding an office in a public service or any disciplined force shall notallow his or her political inclinations to interfere with the discharge of his or her official duties; be a member of, or take part in any association of persons which might prevent him or her from impartially discharging his or her duties; take part in any activities which cast doubt on his or her capacity to deal impartially with matters or issues which are the concern of his or her public office or which interfere with the performance of his or her public duties. additional provisions relating to the president the president shall in person address the nation as and when necessary. the president shall undertake a nation-wide tour at least twice a year in order to familiarise himself or herself with current conditions and the effects of government policies. 223. declaration of assets a public officer to whom this section applies shall submit to the ombudsman a written declaration of all property and assets owned by him or her, and of liabilities owed by him or her, whether directly or indirectly within six months of the coming into force of this constitution; at the end of every two years; on ceasing to hold public office. a false statement in any such declaration shall be deemed to be a contravention of the code of conduct set out in this chapter. a declaration made under subsection (1) shall be produced if requiredin proceedings before a court of competent jurisdiction, other than a district tribunal; in proceedings before a commission of inquiry appointed in accordance with this constitution; in disciplinary proceedings or proceedings against any person in accordance with this constitution. any property or assets acquired by a public officer after an initial declaration of assets required by subsection (1) which is not attributed to his income from his public office or other permitted employment, personal gifts as permitted by the code of conduct, inheritance or a loan or investment (including any savings scheme) on ordinary commercial terms shall be prima facie evidence of having been acquired, and in the absence of a credible explanation by the public officer concerned may be deemed to have been acquired, in contravention of the code of conduct and shall render the public officer liablein the case of a public officer in a public service or who is subject to other disciplinary procedures, to disciplinary action by the appropriate person or authority; or in any other case, to removal from office or, as the case may be proceedings for removal, as provided by this constitution or any other law. the ombudsman shall submit his or her declaration of assets to the finance and public accounts committee of the national assembly. this section applies to all public officers other than members of the public service, the staff of a local government authority or public enterprise or members of a disciplined force, below such position or rank as may be prescribed by or under an act of the national assembly. 224. ombudsman to report contravention of code of conduct where, in the course of any investigation, it appears to the ombudsman that there has been a contravention of the code of conduct set out in this chapter, he or she mayin the case of a public officer in a public service or who is subject to other disciplinary procedures, refer the matter to the appropriate disciplinary authority; or in any other case, refer the matter to the authority having power to remove the public officer from office or, as the case may be, to the national assembly. 225. payment of taxes the holder of a public office shall promptly pay all taxes due from him or her, and he or she shall, when required, provide evidence of such payment. chapter xxii. amendment of the constitution 226. alteration of this constitution subject to the provisions of this section, an act of the national assembly may alter this constitution. subject to subsection (4), a bill for an act of the national assembly under this section shall not be passed by the national assembly or presented to the president for assent unlessbefore the first reading of the bill in the national assembly, the bill is published in at least two issues of the gazette, the latest publication being not less than three months after the first, and the bill is introduced into the national assembly not earlier than ten days after the latest publication; the bill is supported on the second and third readings by the votes of not less than three quarters of all the members of the national assembly. if the president fails to assent within thirty days to a bill passed by the national assembly in accordance with subsection (2), the bill shall be returned to the speaker who shall refer it to the independent electoral commission. the independent electoral commission shall cause a referendum to be held on the bill in accordance with subsection (4) and, if the bill is supported on such a referendum by the majority provided for in that subsection, it shall again be presented to the president for his assent. a bill for an act of the national assembly altering any of the provisions referred to in subsection (7) shall not be passed by the national assembly or presented to the president for assent unlessthe bill is published and introduced in the manner required by paragraph (a) of subsection (2); the bill is supported on the second and third readings by the votes of not less than three quarters of all the members of the national assembly; the bill has been referred by the speaker to the independent electoral commission and the commission has, within six months of such reference, held a referendum on the bill; at least fifty per cent of the persons entitled to vote in the referendum have taken part in the referendum and the bill is supported in the referendum by at least seventy five per cent of those who voted. the speaker and, in the case of a bill to which subsection (3) or (4) applies, the independent electoral commission shall certify that the relevant provisions of this section have been complied with and such certificates shall be delivered to the president when the bill is presented for assent. where a bill which has been supported in a referendum by the majority provided for in subsection (4) is presented to the president for assent, the president shall assent to the bill within seven days. subsection (4) applies tothis section; sections 1 and 79(2) (which relate to the sovereignty of the gambia); sections 4, 5(1) and 6(2) (which relate to the constitution, as the supreme law of the gambia); sections 8 and 13(4) (which relate to citizenship); chapter iv (which provides for the protection of fundamental rights and freedoms); sections 39(1), 42(1), 47(3) (which relate to elections and the independent electoral commission); section 63(1) and the first sentence of section 71(2) (which relate to the term of the president and the qualifications for secretaries of state); sections 85(4) and 160 (7) (which relate to the director of public prosecutions and the independence of the auditor-general); sections 87 and 100 (which relate to the national assembly and the legislative power); sections 120(1)(a), (2) and (3), 121(1), 123, 126 to 128, 130, 132, 133, 135 (1) and (2), 136 and 138(1), (4), (5) and (6) (which relate to the judicature); sections 149(1) and 151(1) which relate to taxation and the withdrawal of money from public funds); section 193(1) (which relates to local government). no act of the national assembly shall be deemed to amend, add to, repeal or in any way alter any of the provisions of this constitution unless the title of the act clearly indicates that intention and the act does so in express terms. in this sectionreferences to this constitution include references to any law that amends or replaces any of the provisions of this constitution; references to the alteration of this constitution include references to the amendment, modification or reenactment with or without amendment or modification, of the constitution or of any provision for the time being contained in this constitution, the suspension or repeal or the making of different provision in lieu thereof, and the addition of new provisions to this constitution. chapter xxiii. miscellaneous part i. appointments and resignations 227. acting appointments in this constitution, unless a contrary intention appears: any reference to a power of appointment to an office shall be construed as including a reference to the power to appoint a person to act in or perform the functions of that office; any reference to the holder of an office by a term designating his or her office shall be construed as including a reference to any person for the time being lawfully acting in or performing the functions of that office. where in this constitution power is vested in any person or authority to appoint any person to act in or perform the functions of any office if the holder thereof is himself or herself unable to perform those functions, no such appointment shall be called in question on the ground that the holder of the office was not unable to perform those functions. 228. resignations any person who is appointed or elected to, or otherwise selected for, any office established by or under this constitution may resign from that office by writing under his or her hand addressed to the person or authority by whom he or she was appointed, elected or selected. in the case of: the president, his or her resignation shall be addressed to the speaker and to the chief justice; the vice-president, his or her resignation shall be addressed to the president; the speaker or the deputy speaker, his or her resignation from that office shall be addressed to the clerk of the national assembly; and a member of the national assembly, his or her resignation shall be addressed to the speaker. any such resignation shall take effect, when no date is specified, when the writing is receivedin the case of the president, by the speaker; in any other case, by the person or authority to whom it is addressed or by any person authorised by that person or authority to receive it. 229. re-appointments and concurrent appointments subject to the provisions of this constitution, where a person has vacated any office established by or under the constitution, he or she may, if qualified, again be appointed, elected or otherwise selected to hold that office in accordance with the provisions of this constitution. where by this constitution a power is conferred on any person or authority to make any appointment to any public office, a person may be appointed to that office notwithstanding that some other person may be holding that office when that other person is on leave of absence pending relinquishment of the office; and where two or more persons are holding the same office by reason of any appointment made in pursuance of this subsection, then, for the purposes of any function conferred on the holder of that office, the person last appointed shall be deemed to be the holder of the office. part ii. general 230. interpretation in this constitution, unless a contrary intention appears"all the members" in relation to the national assembly, means all the members for the time being of the national assembly; "an act of the national assembly" includes an act of parliament established under any previous constitution of the gambia and a decree of any former government; "compulsory retirement age" has the meaning ascribed to it in section 171 "court" means any court of law in the gambia, including a court martial; "disciplined force" means the police force, the prison service and the armed forces; "district tribunal" means a court established by the district tribunals act or any act of the national assembly replacing that act; "existing laws" means the laws in force in the gambia immediately before the coming into force of this constitution, other than any such laws which are repealed or abrogated on, or immediately before, the coming into force of this constitution; "gazette" means the official gazette of the government; " government" means the executive government of the gambia; "high judicial office" means the office of a judge of a court of unlimited jurisdiction in criminal and civil and civil matters, or of a court with jurisdiction on appeal from such a court, in some part of the commonwealth or such paragraph or item of the section, subsection, paragraph or sub-paragraph, as the case may be, in which the reference occurs. "judge" includes the chief justice of the supreme court, a justice of the court of appeal and a justice of the high court; "legal practitioner" means a person entitled to practise as such in accordance with an act of the national assembly; "local government authority" means a city council, a municipality and an area council; "minister" includes the attorney-general; "oath" includes affirmation; "prescribed oaths" means such oaths as may be prescribed by an act of the national assembly in respect of the relevant office, and if no such oath is prescribed, means an oath of allegiance to the gambia; "public elections" mean the election for a president, national assembly and a local government authority; "public enterprise" has the meaning ascribed to it in section 175; "public office" includes an office the emoluments attached to which are paid directly from the consolidated fund or directly out of moneys provided by an act of the national assembly, and the office of a member of a local government authority or the staff of a public enterprise; "the public service" means subject to subsection (3) and (4) of section 166 a service declared to be, or established as, a public service by or under that section; "session" means the sitting of the national assembly of the gambia commencing when it first meets after a general election or after the adjournment of a session and ending when the session is adjourned or the national assembly stands dissolved. "superior court" in relation to the courts of the gambia, means the supreme court, the court of appeal and the high court. in this constitution, unless a contrary intention appearswords importing natural persons shall include corporations; words in the singular shall include the plural and words in the plural shall include the singular; where a word is defined, other parts of speech and tenses of that word shall have the corresponding meaning; words directing or empowering a public officer to do any act or thing, or otherwise applying to him or her by the designation of his or her officer, shall include his other successors in officer; references to a subsection, paragraph, sub paragraph or item shall be construed as a reference to a sub section paragraph, sub-paragraph or item of the section, subsection, paragraph or sub-paragraph, as the case may be, in which the reference occurs. for the purposes of this constitution, a person shall not be regarded as holding an office of emolument under the government or in the service of the gambia by reason only that he or she is in receipt of a pension or other like benefit in respect of service in an office under the government. for the avoidance of doubt it is hereby declared that any reference in this constitution to the functions of the president includes reference to his or her functions as commander-in-chief of the armed forces of the republic. 231. construction of various powers where any power is conferred by this constitution to make any proclamation, order, regulation, rule or pass any resolution or give any direction or make any declaration or designation, it shall be deemed to include the power, exercisable in like manner and subject to like conditions, if any, to amend or revoke the same: where any power is conferred by this constitution on any person or authority to do or enforce the doing of any act or thing, all such powers shall be deemed to be also given as are necessary to enable that person or authority to do or enforce the doing of that act or thing. no provision of this constitution that any person or authority shall not be subject to the direction or control of any other person or authority in exercising any functions under this constitution shall be construed as precluding a court from exercising jurisdiction in relation to any question whether or not such person or authority has performed those functions in accordance with this constitution or any other law. where under any provision of this constitution any person or authority is authorised or required to exercise any function after consultation with any other person or authority, the person or authority first referred to shall not be required to act in accordance with the advice of that person or authority. without prejudice to the provisions of section 167, but subject to the other provisions of this constitution, the power to make any appointment to a public office includes the power to dismiss any person so appointed. 232. transitional and consequential provisions notwithstanding any other provision of this constitution, the provisions of schedule 2 shall have effect on the coming into force of this constitution. first schedule. dimensions of the national flag the national flag shall be a flag of the following design: the flag shall measure twenty-seven units across and eighteen units down. it shall be divided into horizontal stripes which shall have the following colours and dimensions from the top to the bottom: red six units one third white one unit bluefour unit one third whiteone unit green six units one third. second schedule. transitional and consequential provisions 1. interpretation in this schedule, "existing" means in being, or as the case may be, having the force of law, immediately before the coming into force of this constitution. 2. election of first president notwithstanding any other provision of this constitution, the person duly elected president of the gambia in accordance with the electoral decree, 1996 shall be the first president of the second republic of the gambia and shall assume office as president on the date he or she is sworn in. the first president shall hold the office of president in accordance with the provisions of this constitution. this constitution shall come into effect upon swearing-in of the first president. 3. elections to the national assembly the register of voters established by the electoral decree, 1996 shall be deemed to have been compiled in accordance with an act of the national assembly made for the purposes of section 41 until it is replaced by a register of voters so compiled. the provisional independent electoral commission established by the provisional independent electoral commission decree, 1996 shall, until the members of the independent electoral commission are appointed in accordance with section 42, exercise the functions and powers of the independent electoral commission. 4. first constituency members of the national assembly notwithstanding any other provision of this constitution, the national assembly constituencies established by the electoral decree, 1996 shall, until other provision is made in accordance with chapter v of this constitution, be deemed to be constituencies for the purposes of the constitution and the persons duly elected as members of the national assembly for those constituencies in accordance with the said electoral decree 1996 shall be deemed to have been elected as such members for their respective single member constituencies. such members shall hold their seats in accordance with the provisions of this constitution 5. first meeting of the national assembly the president shall appoint a person to be the acting clerk of the national assembly until an appointment to that office is made in accordance with the provisions of this constitution. the standing orders of the house of representatives established under the constitution of the gambia, 1970, shall, in so far as they are not inconsistent with this constitution, constitute the standing orders of the national assembly until the national assembly makes other provision in accordance with section 108 of this constitution. 6. existing law where any matter that fails to be prescribed or provided for under this constitution by an act of the national assembly or by any other authority or person, is prescribed or provided for by or under any existing law (including any decree) or is otherwise lawfully prescribed or provided for immediately before the coming into force of this constitution, that prescription or provision shall, as from the coming into force of this constitution, have effect with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with this constitution as if it were made under this constitution by an act of the national assembly or, as the case may be, by the other authority or person. where, immediately before the coming into force of this constitution, any existing law had not been brought into force or was to come into force on a date subsequent to the coming into force of this constitution, the law may be brought into force in accordance with its terms, or it shall come into force on such subsequent date, as the case may be, in so far as it is not inconsistent with this constitution. subject to subparagraph (4) and to it being consistent with this constitution, in any existing lawa reference to the exercise of a legislative function (other than a power to make subsidiary legislation) by the government or the armed forces provisional ruling council shall, after the coming into force of this constitution, be read as a reference to the exercise of that function by an act of the national assembly; a reference to a power to make subsidiary legislation by the government or the armed forces provisional ruling council shall, after the coming into force of this constitution, be read as a reference to the president or to such secretary of state or other authority as the president may by order, published in the gazette, direct; a reference to the exercise of an executive function by the government, or any function (other than a legislative function) or power by the armed forces provisional ruling council or the chairman thereof, shall, after the coming into force of this constitution, be read as a reference to the exercise of that function or power by the president. the president may, by order published in the gazette and made with the approval of the national assembly, at any time within twelve months of the coming into force of this constitution make such provision as may appear necessary for repealing, modifying, adding to or adapting any existing law for bringing it into accord with the provisions of this constitution. 7. the court the high court established by this constitution shall be the successor of the existing supreme court andproceedings commenced in the existing supreme court may be continued before the same judge in the high court without any break; after the coming into force of this constitution, the judgements, decrees and orders of the existing supreme court shall continue in force and shall be given effect as if they were the judgements, decrees or orders of the high court. the existing court of appeal shall be deemed to have been established by this constitution. until the supreme court is established in accordance with this constitutionthe jurisdiction and powers of the supreme court under section 127 shall be exercised by the court of appeal; and appeals shall continue to lie to the judicial committee of the privy council according to the existing law, and where any appeal, or petition for special leave to appeal, is entered with the privy council before the establishment of the supreme court, the proceedings may continue, and effect shall be given to any judgement or order of the judicial committee in such proceedings, according to the existing law. subject to the foregoing provisions of this paragraph, where any proceedings have been commenced before the coming into force of this constitution in any existing court, they may be continued and concluded before the corresponding court as established or recognised by this constitution, and judgements, decrees and orders of any existing court shall be given effect as the judgement, decrees and orders of such corresponding court. 8. judges the justices of the existing court of appeal shall be deemed to have been appointed as justices of the court of appeal as established by this constitution. the justices of the existing supreme court shall be deemed to have been appointed as justices of the high court as established by this constitution. 9. existing offices subject to the other provisions of this schedule, where any office has been established by or under an existing law and this constitution establishes or provides for the establishment of a similar or corresponding office, any person who, immediately before the coming into force of this constitution holds or is acting in the former office shall, in so far as it is consistent with this constitution, be deemed as from the coming into force of this constitution to have been appointed, elected or otherwise selected to or to act in the latter office: provided thatany person who, under the existing law, would have been required to vacate his or her office at the expiration of any period or the attainment of any age shall vacate his or her office on the expiry of that period or on the attainment of that age; nothing in this paragraph affects the power of any person or authority under this constitution to make provision for the abolition of any office or the removal of any person from office or to require any person to retire from office; nothing in this paragraph shall apply to the office of minister or secretary general. for the purposes of any law relating to pensions or other retirement benefits, the continuity of service of any person holding a public office shall not be affected by the coming into force of this constitution. any person who, by virtue of this paragraph, is deemed as from the coming into force of this constitution to have been appointed, elected or selected to hold or act in any office shall, as soon as may be, take and subscribe the prescribed oaths. 10. financial provision the consolidated revenue fund and the contingency fund in existence immediately before the coming into force of this constitution, shall, until otherwise provided by law, continue in existence as the consolidated fund and the contingency fund referred to in sections 150 and 154 of this constitution. subject to this constitution, every payment required or authorised to be made into a public fund or out of a public fund under any law in force immediately before the coming into force of this constitution shall continue to be made into or out of that fund. the financial estimates for the financial year in being at the coming into force of this constitution shall, until provision is otherwise made by an act of the national assembly, continue and shall have full effect. 11. savings of commissions of inquiry established during the period commencing 22nd july, 1994, up to the coming into force of this constitution where any order, penalty or investigation has been made or commenced before the coming into force of this constitution by any person or authority that has power for that purpose under any decree establishing any commission of inquiry, that penalty, order or investigation may be carried on and be completed by the person or authority having power for the purpose after the coming into force of this constitution, and it shall not be necessary for the person or authority to commence the investigation or make the order or penalty afresh. for avoidance of doubt, any commission of inquiry established in accordance with a decree of the armed forces provisional ruling council before the coming into force of this constitution shall continue to exist and shall exercise their functions in accordance with the orders establishing them. any order, ruling, finding of fact, seizure, sale or alienation of property or penalty imposed or thing done by or carried out under the authority of any commission of inquiry established in accordance with a decree of the armed forces provisional ruling council shall not be questioned or reversed by any court or other authority under this constitution or any other law. 12. succession to property as regards any property, assets or obligationsthe president shall be the universal successor as respects the office of a former president of the gambia as established under any previous constitution; and the government shall be the universal successor to a former government of the gambia as so established and to the armed forces provisional ruling council. 13. legal proceedings no member of the armed forces provisional ruling council, any person appointed minister by the armed forces provisional ruling council, or other appointees of the armed forces provisional ruling council shall be held liable either jointly or severally for any act or omission in the performance of their official duties during the administration of the armed forces provisional ruling council. after the coming into force of this constitution, it shall not be lawful for any court or tribunal to entertain any action or take any decision or make any order or grant any remedy or relief in any proceedings instituted against the government of the gambia or any person acting under the authority of the government of the gambia, or against any person or persons acting in concert or individually to assist or bring about the change in government which took place on the twenty second day of july 1994, in respect of any act or omission relating to, or consequent upon: the overthrow of the government in power before the formation of the armed forces provisional ruling council; or the suspension or abrogation of the constitution of the gambia 1970; or the establishment of the armed forces provisional ruling council; or the establishment of this constitution. for the avoidance of doubt, it is declared that no action taken purported to have been taken in the exercise of the executive, legislative or judicial power by the armed forces provisional ruling council or a member thereof, or by any person appointed by the armed forces provisional ruling council in the name of the armed forces provisional ruling council except judges of the supreme court or the court of appeal, shall be questioned in any proceedings whatsoever and, accordingly, it shall not be lawful for any court or tribunal to make any order or grant any remedy or relief in respect of any such act. the provisions of subparagraph (3) shall have effect notwithstanding that any such action as is referred to in that subparagraph was not taken in accordance with any procedure prescribed by law. it shall not be lawful for any court or tribunal to entertain an action instituted in respect of an act or omission against a person acting or omitting to act on the instructions or authority of the armed forces provisional ruling council, or a member thereof, and alleged to be in contravention of any law, whether substantive or procedural, in existence before or during the administration of the armed forces provisional ruling council. 14. preservation of confiscation and penalties imposed by the armed forces provisional ruling council any confiscation of any property or any other penalties imposed by the armed forces provisional ruling council or the chairman thereof shall not be questioned or reversed by any court or other authority under this constitution or any other law. 15. abrogation of 1970 constitution the constitution of the gambia, 1970, act no. 1 of 1970, is hereby abrogated. 16. substitution of life imprisonment for death penalty where any law makes provision for a sentence of death in any case other than that provided for in section 18(2), the law shall have effect as if imprisonment for life were substituted for that penalty. 17. paragraphs not to be amended the national assembly shall have no power to pass a bill to amend or repeal this paragraph or paragraph 11, 12, 13 or 14 of this schedule. preamble the people of colombia, in the exercise of their sovereign power, represented by their delegates to the national constituent assembly, invoking the protection of god, and in order to strengthen the unity of the nation and ensure to its members life, peaceful coexistence, work, justice, equality, understanding, freedom, and peace within a legal, democratic, and participatory framework that may guarantee a just political, economic, and social order and committed to promote the integration of the latin american community, decree, authorize, and promulgate the following: title i. on fundamental principles article 1 colombia is a social state under the rule of law, organized in the form of a unitary republic, decentralized, with autonomy of its territorial units, democratic, participatory, and pluralistic, based on the respect of human dignity, the work and solidarity of the individuals who belong to it, and the prevalence of the general interest. article 2 the essential goals of the state are to serve the community, promote the general prosperity, and guarantee the effectiveness of the principles, rights, and duties stipulated by the constitution; to facilitate participation by everyone in the decisions that affect them and in the economic, political, administrative, and cultural life of the nation; to defend national independence, maintain territorial integrity, and ensure peaceful coexistence and enforcement of a just order. the authorities of the republic are established in order to protect all individuals residing in colombia, in their life, honor, property, beliefs, and other rights and freedoms, and in order to ensure the fulfillment of the social duties of the state and individuals. article 3 sovereignty resides exclusively in the people from whom public power emanates. the people exercise it in direct form or through their representatives, within the limits established by the constitution. article 4 the constitution provides the norm of regulations. in all cases of incompatibility between the constitution and the statute or other legal regulations, the constitutional provisions shall apply. it is the duty of citizens and of aliens in colombia to obey the constitution and the laws, and to respect and obey the authorities. article 5 the state recognizes, without any discrimination whatsoever, the primacy of the inalienable rights of the individual and protects the family as the basic institution of society. article 6 individuals are solely responsible before the authorities for violations of the constitution and the laws. public servants are responsible for the same violations and the omissions or ultra vires acts committed in the exercise of their functions. article 7 the state recognizes and protects the ethnic and cultural diversity of the colombian nation. article 8 it is the obligation of the state and of individuals to protect the cultural and natural assets of the nation. article 9 the external relations of the state are based on national sovereignty, on respect for the self-determination of peoples, and on the recognition of the principles of international law approved by colombia. in the same manner, the foreign policy of colombia shall be oriented toward the integration of latin america and the caribbean. article 10 spanish is the official language of colombia. the languages and dialects of ethnic groups are also official in their territories. the education provided in communities with their own linguistic traditions shall be bilingual. title ii. on rights, guarantees, and duties chapter i. on fundamental rights article 11 the right to life is inviolate. there shall be no death penalty. article 12 no one shall be subjected to forced sequestration, torture, cruel, inhuman, or degrading treatment or punishment. article 13 all individuals are born free and equal before the law, shall receive equal protection and treatment from the authorities, and shall enjoy the same rights, freedoms, and opportunities without any discrimination on account of gender, race, national or family origin, language, religion, political opinion, or philosophy. the state shall promote the conditions so that equality may be real and effective and shall adopt measures in favor of groups that are discriminated against or marginalized. the state shall especially protect those individuals who on account of their economic, physical, or mental condition are in obviously vulnerable circumstances and shall sanction the abuses or ill-treatment perpetrated against them. article 14 every individual has the right to have his/her legal identity recognized. article 15 all individuals have the right to personal and family privacy and to their good reputation, and the state has to respect them and to make others respect them. similarly, individuals have the right to know, update, and rectify information collected about them in data banks and in the records of public and private entities. freedom and the other guarantees approved in the constitution shall be respected in the collection, processing, and circulation of data. correspondence and other forms of private communication may not be violated. they may only be intercepted or recorded on the basis of a court order in cases and following the formalities established by statute. for tax or legal purposes and for cases of inspection, the oversight and intervention of the state may demand making available accounting records and other private documents within the limits provided by statute. article 16 all individuals are entitled to the unrestricted development of their identity without limitations other than those imposed by the rights of others and the legal order. article 17 slavery, servitude, and the slave trade in all forms are prohibited. article 18 freedom of conscience is guaranteed. no one shall be importuned on account of his/her convictions or beliefs or compelled to reveal them or obliged to act against his/her conscience. article 19 freedom of religion is guaranteed. every individual has the right to freely profess his/her religion and to disseminate it individually or collectively. all religious faiths and churches are equally free before the law. article 20 every individual is guaranteed the freedom to express and diffuse his/her thoughts and opinions, to transmit and receive information that is true and impartial, and to establish mass communications media. the latter are free and have social responsibility. the right to make corrections under conditions of equity is guaranteed. there shall be no censorship. article 21 the right to dignity is guaranteed. an act shall provide the manner in which it shall be upheld. article 22 peace is a right and a duty of which compliance is mandatory. article 23 every individual has the right to present respectful petitions to the authorities on account of general or private interest and to secure prompt resolution of same. the legislative body shall be able to regulate its exercise by private organizations in order to guarantee fundamental rights. article 24 any colombian citizen, except for the limitations established by statute, has the right to move about freely across the national territory, to enter and exit the country, and to remain and reside in colombia. article 25 work is a right and a social obligation and enjoys, in all its forms, the special protection of the state. every individual is entitled to a job under dignified and equitable conditions. article 26 every individual is free to choose a profession or occupation. an act may mandate certificates of competence. the competent authorities shall inspect and oversee the exercise of the professions. occupations, the arts, and work that does not require academic training are to be freely exercised, except for those which involve social risk. legally recognized professions may be organized into professional associations. the internal structure and operation of the latter shall be democratic. an act may assign public functions to them and establish appropriate controls. article 27 the state guarantees freedom of teaching at the primary and secondary level, apprenticeship, research, and professorship. article 28 every individual is free. no one may be importuned in his/her person or family, sent to jail or arrested, nor may his/her home be searched except on the basis of a written order from a competent judicial authority, subject to the legal procedures and for reasons previously defined by statute. a person in preventive detention shall be placed at the disposition of a competent judge within the subsequent 36 hours so that the latter may make an appropriate determination within the limits established by statute. in no case may there be detention, a prison term, or arrest for debts, nor sanctions or security measures that are not prescribed. article 29 due process shall be applied in all cases of legal and administrative measures. no one may be judged except in accordance with previously written laws which shall provide the basis of each decision before a competent judge or tribunal following all appropriate forms. in criminal law, permissive or favorable law, even when ex post facto, shall be applied in preference to restrictive or unfavorable alternatives. every individual is presumed innocent until he/she is proved to be legally guilty. whoever is accused is entitled to defense and the assistance of counsel picked by the accused or assigned automatically during the investigation and trial; to an appropriate public trial without unreasonable delay; to present evidence and to refute evidence alleged against the accused; to challenge the condemnatory sentence; and not to be placed in double jeopardy for the same act. evidence obtained in violation of due process is null and void by right. article 30 whoever is deprived of his/her freedom and believes to be so illegally is entitled to invoke habeas corpus before any legal authority, at any time, on his/her own or through a third party. habeas corpus must be complied with within 36 hours. article 31 any judicial sentence may be appealed or adjudicated, but for exceptions provided by statute. when the accused is the sole appellant, the higher court may not impose a heavier penalty. article 32 the accused who is caught in the act of committing an offense (flagrante delicto) may be apprehended and taken before a judge by any individual. should he/she be subject to hot pursuit by the agents of law and order and take refuge in his/her own home, the law-enforcement agents may enter the domicile to apprehend the accused. should the accused be caught in someone else’s home, a request from the resident shall be sought beforehand. article 33 no one may be forced to testify against himself/herself or his/her spouse, permanent companion, or kin to the fourth level of consanguinity, the second level of affinity [by marriage] or the first civil level. article 34 punishments of exile, life imprisonment, and confiscation are prohibited. however, a judicial sentence may nullify ownership of property when same is injurious to the public treasury or seriously harmful to social morality. article 35 extradition may be requested, granted or offered in accordance with public international treaties and, in their absence, with the relevant statute. the extradition of colombians by birth shall also be granted for crimes committed abroad which are considered as such by the colombian penal legislation. an act shall regulate the matter. extradition shall not be granted for political crimes. extradition shall not be granted for acts committed prior to the promulgation of the present provision. article 36 the right of asylum is recognized within the limits provided by statute. article 37 any group of individuals may gather and demonstrate publicly and peacefully. an act alone may establish in specific manner those cases in which the exercise of this right may be limited. article 38 the right of free association for the promotion of various activities that individuals pursue in society is guaranteed. article 39 workers and employers have the right to form trade unions or associations without interference by the state. their legal recognition shall occur by the simple registration of their constituent act. the internal structure and functioning of trade unions and social or labor organizations shall be subject to the legal order and to democratic principles. the cancellation or suspension of legal identity may only occur through legal means. trade union representatives are provided jurisdiction and other guarantees necessary for the performance of their administration. members of the police force do not have the right to form associations. article 40 any citizen has the right to participate in the establishment, exercise, and control of political power. to make this decree effective the citizen may: vote and be elected. participate in elections, plebiscites, referendums, popular consultations, and other forms of democratic participation. constitute parties, political movements, or groups without any limit whatsoever; freely participate in them and diffuse their ideas and programs. revoke the mandate of those elected in cases where it applies and in the form provided for by the constitution and the statute. take initiatives in public bodies. undertake public measures in defense of the constitution and the law. agree to undertake public functions and responsibilities, except for those colombian citizens, native-born or naturalized, who hold dual citizenship. an act shall spell out this exception and shall determine the cases where they apply. the authorities shall guarantee the adequate and effective participation of women in the decision-making ranks of the public administration. article 41 in all educational institutions, public or private, the study of the constitution and civics shall be mandatory. in this way, democratic practices for the teaching of principles and values of citizen participation shall be promoted. the state shall publicize the constitution. chapter ii. on social, economic, and cultural rights article 42 the family is the basic nucleus of society. it is formed on the basis of natural or legal ties, through the free decision of a man and woman to contract matrimony or through the responsible resolve to comply with it. the state and society guarantee the integral protection of the family. an act shall determine the inalienable and unseizable family patrimony. the family’s honor, dignity, and intimacy are inviolable. family relations are based on the equality of rights and duties of the couple and on the reciprocal respect of all its members. any form of violence in the family is considered destructive of its harmony and unity, and shall be sanctioned according to law. the children born of matrimony or outside it, adopted or conceived naturally or with scientific assistance, have equal rights and duties. an act shall regulate responsibility to the offspring. the couple has the right to decide freely and responsibly the number of their children and shall support them and educate them while they are minors or non-self-supporting. the forms of marriage, the age and qualifications to contract it, the duties and rights of the spouses, their separation and the dissolution of the marriage ties are determined by statute. religious marriages shall have civil effects within the limits established by statute. the civil effects of all marriages may be terminated by divorce in accordance with civil law. also having civil effects are decrees of annulment of religious marriages issued by the authorities of the respective faiths within the limits established by statute. an act shall determine matters relating to the civil status of individuals and consequent rights and duties. article 43 women and men have equal rights and opportunities. women cannot be subjected to any type of discrimination. during their periods of pregnancy and following delivery, women shall benefit from the special assistance and protection of the state and shall receive from the latter food subsidies if they should thereafter find themselves unemployed or abandoned. the state shall support the female head of household in a special way. article 44 the following are basic rights of children: life, physical integrity, health and social security, a balanced diet, their name and citizenship, to have a family and not be separated from it, care and love, instruction and culture, recreation, and the free expression of their opinions. they shall be protected against all forms of abandonment, physical or moral violence, sequestration, sale, sexual abuse, work or economic exploitation, and dangerous work. they shall also enjoy other rights upheld in the constitution, the laws, and international treaties ratified by colombia. the family, society, and the state have the obligation to assist and protect children in order to guarantee their harmonious and integral development and the full exercise of their rights. any individual may request from the competent authority the enforcement of these rights and the sanctioning of those who violate them. the rights of children take precedence over the rights of others. article 45 the adolescent is entitled to protection and integral development. the state and society guarantee the active participation of adolescents in public and private organs that are responsible for the protection, education, and progress of the youth. article 46 the state, society, and the family shall all participate in protecting and assisting individuals in the third age bracket and shall promote their integration into active and community life. the state shall guarantee to them services of integral social security and food subsidies in cases of indigence. article 47 the state shall promote a policy of planning, rehabilitation, and social integration for those who are physically, emotionally, or psychologically handicapped and who shall receive the specialized attention that they need. article 48 social security is a mandatory public service which shall be delivered under the administration, coordination, and control of the state, subject to the principles of efficiency, universality, and solidarity within the limits established by statute. all inhabitants are guaranteed the irrevocable right to social security. with the participation of individuals, the state shall gradually extend the coverage of social security which shall include the provision of services in the form determined by statute. social security may be provided by public or private entities, in accordance with the relevant statute. it shall not be possible to assign or use the resources of the social security organs for different purposes. an act shall define the means whereby the resources earmarked for retirement benefits may retain their constant purchasing power. the state shall guarantee the rights resulting from the pensions systems, its financial sustainability, it shall respect vested rights in accordance with the law and assume the payment of the pension debt for which it is responsible according to the law. the statutes which are enacted on pension matters subsequent to the entry into force of this legislative act have to ensure the financial sustainability of the arrangements made by them. the discounts, reductions and seizures of pensions decreed by the applicable statute notwithstanding, for no reason may the payment of the monthly pensions recognized by statute be suspended or their value be frozen or reduced. the provisions on infirmity and widower’s pensions notwithstanding, it is necessary to comply with the requirements concerning age, time of service, length of contribution payments or required capital and other conditions defined by an act in order to obtain the right to a pension. the requirements for and the benefits resulting from obtaining the right to an infirmity or widower’s pension shall be established by the acts of the general pensions system. in pension matters all vested rights are respected. pension requirements and benefits for all persons, including those related to old age pensions for high risk activities, shall be established by the acts on the general pensions system. no provision may be issued and no contract invoked that would run contrary to the rules thereby enacted. for the payment of the pensions only those factors are taken into account to which the contributions made by every person are related. no pension may be lower than the existing monthly legal minimum wage. however, an act may determine the cases in which periodical economic benefits which are lower than the minimum wage are paid to people with limited resources who do not fulfill the conditions required for the right to a pension. after the entry into force of the present legislative act, there shall be no special or excepted regimes, those applicable to the public force and the president of the republic and those defined by the paragraphs of the present article notwithstanding. the persons whose right to a pension comes into existence after the entry into force of the present legislative act may not receive more than thirteen (13) monthly pension payments per year. it is understood that the pension comes into existence at the time when all requirements for obtaining it are met, even if it has not yet been [formally] recognized. an act shall establish speedy proceedings for the revision of pensions which have been awarded by an abuse of law or without fulfilling the requirements established by statute or by valid agreements or arbitral awards. paragraph 1 after july 31, 2010 no pensions may come into existence at the expense of public resources that are higher than twenty-five (25) monthly legal minimum wages. paragraph 2 after the entry into force of the present legislative act, no pension requirements that differ from those established by the acts of the general pensions system may be created by agreements, collective bargaining, arbitral awards or any other legal act. transitional paragraph 1 the pension regime of the national, nationalized and territorial teaching staff linked to the official public education service is that which has been established for the teaching profession by the legal provisions which were in force prior to the entry into force of the act 812 of 2003, and by article 81 of the latter. teachers who have joined or join the service after the entry into force of the aforementioned law shall have the right to a medium bonus (prima media) established by the acts of the general pensions system, in the terms of article 81 of the act 812 of 2003. transitional paragraph 2 vested rights, the regime applicable to the members of the public force and the president of the republic and the provisions of the present article notwithstanding, the special and excepted pension regimes as well as any other [pension regime] that is different from the one established in a permanent manner by the acts on the general pensions system shall cease to have effect on july 31 of the year 2010. transitional paragraph 3 the rules concerning pension matters contained in pacts, collective bargains, arbitral awards or validly concluded agreements that are in force on the date of entry into force of this legislative act shall remain valid for the period initially established. in the pacts, agreements or awards that are made between the entry into force of this legislative act and july 31, 2010 no pension rules that are more favorable than those currently in force may be stipulated. in any case they shall cease to have effect on july 31, 2010. transitional paragraph 4 the transitional regime established by act 100 of 1993 and the other rules which develop said regime may not extend beyond july 31, 2010, except for the workers who are subject to that regime and have paid contributions for at least 750 weeks or its equivalent in times of service on the entry into force of the present legislative act, to whom it shall continue to apply until the year 2014. the pension requirements and benefits for the persons covered by this regime shall be those established by article 36 of the act 100 of 1993 and the other rules which develop said regime. transitional paragraph 5 in accordance with the provisions of article 140 of law 100 of 1993 and of decree 2090 of 2003, the high risk regime contemplated by said decree shall apply to the members of the national prison and penitentiary guards association, starting with the entry into force of the latter. to those who join at a later date the regime that had been in force previously for these people in view of the risks connected to their work shall apply, i.e. the provisions contained to this effect in law 32 of 1986, under which the corresponding contributions must have been paid. transitional paragraph 6 persons who receive a pension equal to or lower than three (3) monthly legal minimum wages or, if the pension comes into existence before july 31, 2011, who obtain fourteen (14) monthly pension payments per year are excepted from the provisions of section 8 of the present article. article 49 public health and environmental protection are public services for which the state is responsible. all individuals are guaranteed access to services that promote, protect, and restore health. it is the responsibility of the state to organize, direct, and regulate the provision of health services to the inhabitants and of environment protection in accordance with the principles of efficiency, universality, and solidarity; in addition, to establish policies for the provision of health services by private entities and to exercise oversight and control over them; and to establish the competences of the nation, territorial entities, and individuals, and to determine the subsidies to their tasks in the terms and conditions established by statute. health services shall be organized in a decentralized manner, according to care levels and with the participation of the community. an act shall define the terms under which basic care for all inhabitants shall be free of charge and mandatory. every individual has the right to have access to the integral care of his/her health and that of his/her community. the possession and the consumption of narcotic and psychoactive drugs is prohibited, except for medical prescription. for the goals of prevention and rehabilitation an act shall establish administrative measures and treatments of a pedagogic, prophylactic and therapeutical character for persons consuming these substances. the application of these measures and treatments requires the informed consent of the addict. in addition, the state shall give special attention to the dependent sick or addict individual and his/her family in order to strengthen it in respect of values and principles which contribute to the prevention of behaviour affecting the comprehensive care for the health of the persons concerned and, by extension, of the community, and shall develop in a permanent manner campaigns for the prevention of consumption of drugs and narcotic substances and in favor of the rehabilitation of addicts. article 50 any child under a year old who may not be covered by any type of protection or social security shall be entitled to receive free care in all health entities that receive state subsidies. an act shall regulate the matter. article 51 all colombian citizens are entitled to live in dignity. the state shall determine the conditions necessary to give effect to this right and shall promote plans for public housing, appropriate systems of long-term financing, and community plans for the execution of these housing programs. article 52 the practice of sports, its recreational, competitive and autochthonous manifestations have the function of fully developing the human personality, and to preserve and promote better health in human beings. sports and recreation are part of education and constitute public social expenditure. the right of all persons to recreation, the practice of sports and the enjoyment of their free time are recognized. the state shall foster these activities and shall inspect, look after and control sports and recreational organizations, whose structure and property must be democratic. article 53 the congress shall issue a labor statute. the appropriate law shall take into account at least the following minimal fundamental principles: equality of opportunity for workers; minimum essential and flexible remuneration proportional to the amount and quality of work; stability in employment; irrevocability of minimum benefits established in labor regulations; options to negotiate about and reconcile uncertain and arguable rights; a situation more favorable to the worker in case of doubt in the application and interpretation of the formal bases of the law; the primacy of facts over established formalities in issues of labor relations; guarantees to social security, training, instruction, and necessary rest; special protection of women, mothers, and minor-age workers. the state guarantees the right of suitable payment and the periodic adjustment of legal retirement benefits. international labor agreements duly ratified are part of domestic legislation. statute, contracts, agreements, and labor settlements may not infringe on the freedom, human dignity, or rights of workers. article 54 it is the obligation of the state and employers to offer training and professional and technical skills to whoever needs them. the state must promote the employment of individuals of working age and guarantee to the handicapped the right to employment appropriate to their physical condition. article 55 the right of collective bargaining to regulate labor relations, with the exceptions provided for by statute, is guaranteed. it is the duty of the state to promote agreement and other measures for the peaceful solution of collective labor conflicts. article 56 the right to strike is guaranteed, except in the case of essential public services defined by the legislature. an act shall regulate this right. a permanent commission composed of the government, the representatives of employers, and of workers shall promote sound labor relations, contribute to the settlement of collective labor disputes, and coordinate wage and labor policies. an act shall regulate their makeup and functioning. article 57 an act may establish the incentives and means so that workers may participate in the management of enterprises. article 58 private property and the other rights acquired in accordance with civil laws are guaranteed and may neither be disregarded nor infringed by subsequent laws. when in the application of a law enacted for reasons of public utility or social interest a conflict between the rights of individuals and the interests recognized by the law arises, the private interest shall yield to the public or social interest. property has a social dimension which implies obligations. as such, an ecological dimension is inherent to it. the state shall protect and promote associative and joint forms of property. expropriation may be carried out for reasons of public utility or social interest defined by the legislature, subject to a judicial decision and prior compensation. the compensation shall be determined by taking into account the interests of the community and of the individual concerned. in the cases determined by the legislator, the expropriation may take place by administrative action, subject to subsequent litigation before the administrative law courts, including with regard to the price. article 59 in case of war and exclusively to meet its requirements, the need for expropriation may be decreed by the national government without prior indemnification. in the said case, real estate alone may be occupied temporarily to meet the requirements of war or to assign facilities to it. the state shall always be responsible for expropriations effected by the government on its own or through its agents. article 60 the state shall promote access to property in accordance with the law. when the state sells its interest in an enterprise, it shall take measures promoting the democratization of the ownership of its shares and shall offer its workers or the collective and workers’ organizations special terms to make it possible for them to accede to the said proprietary shares. an act shall regulate the matter. article 61 the state shall protect intellectual property for the period and using the means established by statute. article 62 the fate of "intervivos" or testamentary donations, done in accordance with the act on general interest purposes, may not be altered or modified by the legislature, unless the purpose of the donation should no longer be applicable. in this case, the act shall assign the property in question to a similar purpose. the government shall oversee the management and investment of such donations. article 63 property in public use, natural parks, communal lands of ethnic groups, security zones, the archaeological resources of the nation, and other property determined by statute are inalienable, imprescriptible, and not subject to seizure. article 64 it is the duty of the state to promote the gradual access of agricultural workers to landed property in individual or associational form and to services involving education, health, housing, social security, recreation, credit, communications, the marketing of products, technical and management assistance with the purpose of improving the incomes and quality of life of the peasants. article 65 the production of food crops shall benefit from the special protection of the state. for that purpose, priority shall be given to the integral development of agricultural, animal husbandry, fishing, forestry, and agroindustrial activities as well as to the building of physical infrastructural projects and to land improvement. similarly, the state shall promote research and the transfer of technology for the production of food crops and primary resources of agricultural origin with the purpose of increasing productivity. article 66 the provisions enacted in the field of private or public credit may regulate the special conditions of agricultural credit, taking into account the cycles of harvests and prices as well as the risks inherent in farming activities and environmental disasters. article 67 education is an individual right and a public service that has a social function. through education individuals seek access to knowledge, science, technology, and the other benefits and values of knowledge. education shall train the colombian when it comes to respect for human rights, peace, and democracy, and in the practice of work and recreation for cultural, scientific, and technological improvement and for the protection of the environment. the state, society, and the family are responsible for education, which shall be mandatory between the ages of five and fifteen years and which shall minimally include one year of preschool instruction and nine years of basic instruction. education shall be free of charge in the state institutions, without prejudice to those who can afford to defray the costs. it is the responsibility of the state to perform the final inspection and supervision of education in order to oversee its quality, for fulfilling its purposes, and for the improved moral, intellectual, and physical training of those being educated; to guarantee an adequate supply of the service, and to guarantee for minors the conditions necessary for their access to and retention in the educational system. the nation and the territorial entities shall participate in the management, financing, and administration of state educational services within the limits provided for in the constitution and statute. article 68 individuals may create educational institutions. an act shall establish the conditions for their creation and management. the educational community shall participate in managing educational institutions. education shall be in the care of individuals of recognized ethical and pedagogical fitness. an act guarantees the professionalization and dignity of the teaching profession. parents have the right to select the type of education for their minor children. in state institutions, no individual may be obliged to receive religious instruction. the members of ethnic groups shall have the right to education that respects and develops their cultural identity. the eradication of illiteracy and the education of individuals with physical or mental limitations or with exceptional capabilities are special obligations of the state. article 69 the autonomy of universities is guaranteed. the universities shall be able to administer and govern themselves through their own by-laws, in accordance with the applicable statute. an act shall establish a special regime for state universities. the state shall strengthen scientific research in the public and private universities and shall offer special conditions for their development. the state shall assist those financial arrangements that make possible the access of all individuals qualified for advanced education. article 70 the state has the obligation to promote and foster access to the culture of all colombians equally by means of permanent education and scientific, technical, artistic, and professional instruction at all stages of the process of creating the national identity. culture in its diverse manifestations is the basis of nationality. the state recognizes the equality and dignity of all those who live together in the country. the state shall promote research, science, development, and the diffusion of the nation’s cultural values. article 71 the search for knowledge and artistic expression are free to be pursued. plans of economic and social development shall include the promotion of the sciences and of culture in general. the state shall create incentives for individuals and institutions who develop and foster science and technology and other cultural manifestations and shall offer special incentives to individuals and institutions who pursue these activities. article 72 the nation’s cultural heritage is under the protection of the state. the archaeological heritage and other cultural resources that shaped the national identity belong to the nation and are inalienable, not subject to seizure, and are imprescriptible. an act shall establish the mechanisms to restore control over them when they are in the hands of individuals and shall regulate the special rights that ethnic groups may enjoy when they occupy territories of archaeological wealth. article 73 journalistic activity is protected to guarantee its freedom and professional independence. article 74 every person has the right of access to public documents except in cases established by statute. professional secrets are inviolable. article 75 the electromagnetic spectrum is an inalienable and imprescriptible public resource subject to the management and control of the state. equality of opportunity is guaranteed in the access to its use within the limits determined by statute. to guarantee genuine pluralism and competence, the state shall intervene through the mandate of an act to avoid monopolistic practices in the use of the electromagnetic spectrum. article 76 [abolished by legislative act no. 2 of 2011] article 77 the congress of the republic shall adopt an act which determines the policy on matters of television. chapter iii. on collective rights and the environment article 78 an act shall regulate the control of the quality of goods and services offered and provided to the community as well as the information that must be made available to the public in their marketing. those who in the production and marketing of goods and services may jeopardize the health, safety, and adequate supply to consumers and users shall be held responsible in accordance with the relevant statute. the state shall guarantee the participation of the organizations of consumers and users in the study of the provisions that concern them. in order to enjoy this right the organizations must be of a representative nature and observe internal democratic procedures. article 79 every individual has the right to enjoy a healthy environment. an act shall guarantee the community’s participation in the decisions that may affect it. it is the duty of the state to protect the diversity and integrity of the environment, to conserve the areas of special ecological importance, and to foster education for the achievement of these ends. article 80 the state shall plan the handling and use of natural resources in order to guarantee their sustainable development, conservation, restoration, or replacement. additionally, it shall caution and control the factors of environmental deterioration, impose legal sanctions, and demand the repair of any damage caused. in the same way, it shall cooperate with other nations in the protection of the ecosystems located in the border areas. article 81 the manufacture, importation, possession, and use of chemical, biological, or nuclear weapons are prohibited as is the introduction into the national territory of nuclear and toxic wastes. the state shall regulate the entry into the country and the exit from it of genetic resources and their use, in accordance with the national interest. article 82 it is the duty of the state to watch over the protection of the integrity of public space and for its assignment to common use, which has priority over the individual interest. public entities shall participate in the profits generated by their urban planning activities and shall regulate the use of the soil and the urban air space in order to protect the common interest. chapter iv. on the protection and application of rights article 83 the activities of individuals and of the public authorities shall conform to the postulates of good faith which shall be presumed in all the measures that the former promote vis-à-vis the latter. article 84 when a right or an activity has been regulated in a general way, the public authorities may not establish or demand permits, licenses, or impose additional conditions for their exercise. article 85 the rights mentioned in articles 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23, 24, 26, 27, 28, 29, 30, 31, 33, 34, 37 and 40 are applicable immediately. article 86 every individual may claim legal protection before the judge, at any time or place, through a preferential and summary proceeding, for himself/herself or by whoever acts in his/her name, the immediate protection of his/her fundamental constitutional rights when the individual fears the latter may be jeopardized or threatened by the action or omission of any public authority. the protection shall consist of an order so that whoever solicits such protection may receive it by a judge enjoining others to act or refrain from acting. the order, which shall be implemented immediately, may be challenged before the competent judge, and in any case the latter may send it to the constitutional court for possible revision. this action shall be followed only when the affected party does not have access to other means of judicial defense, except when the former is used as a temporary device to avoid irreversible harm. in no case can more than 10 days elapse between the request for protection and its resolution. an act shall establish the cases in which the order of protection should apply to individuals entrusted with providing a public service or whose conduct may seriously and directly affect the collective interest or in respect of whom the applicant may find himself/herself in a state of subordination or vulnerability. article 87 any individual may appear before the legal authority to effect the application of a law or administrative act. in case of a successful action, the sentence shall order the delinquent authority to perform its mandated duty. article 88 an act shall regulate popular actions for the protection of collective rights and interests related to the homeland, space, public safety and health, administrative morality, the environment, free economic competition, and other areas of similar nature defined in it. it shall also regulate the actions stemming from the harm caused to a large number of individuals, without barring appropriate individual action. in the same way, it shall define cases of responsibility of a civil nature for the damage caused to collective rights and interests. article 89 in addition to what is mentioned in the previous articles, an act shall determine the other resources, actions, and procedures necessary to protect, through the integrity of the legal order, the individual rights of groups or collectives against the acts or omissions of public authorities. article 90 the state shall answer materially for the extralegal damages for which it is responsible, caused by the acts or omissions of public authorities. in the event that the state is ordered to make compensation for some damage or another, which may have been the consequence of the fraudulent or seriously criminal behavior of one of its agents, the former shall claim restitution from the latter. article 91 in the case of a manifest violation of a constitutional precept which causes harm to another person, the fact that he/she acted on the order of a superior does not absolve the executing state agent from responsibility. the military in active service are exempt from this provision. as far as they are concerned, responsibility shall fall exclusively on the superior officer who gives the order. article 92 every person or legal entity may solicit from the competent authority the application of penal or disciplinary sanctions stemming from the behavior of public authorities. article 93 international treaties and agreements ratified by congress that recognize human rights and prohibit their limitation in states of emergency have domestic priority. the rights and duties mentioned in this charter shall be interpreted in accordance with international treaties on human rights ratified by colombia. the colombian state may recognize the jurisdiction of the international criminal court in terms of the rome statute adopted on july 17, 1998 by the united nations plenipotentiary’s conference and, consequently, ratify said treaty in accordance with the procedure established by this constitution. the admission of a different treatment on substantial matters by the rome statute with respect to the guarantees contained in this constitution shall produce effects only within the scope of application of the latter. article 94 the enunciation of the rights and guarantees contained in the constitution and in international agreements in effect should not be understood as a negation of others which, being inherent to the human being, are not expressly mentioned in them. chapter v. on duties and obligations article 95 the quality of being colombian enhances all members of the national community. everyone has the duty to exalt and dignify it. the exercise of the rights and liberties recognized in this constitution implies responsibilities. every individual is obliged to obey the constitution and the laws. the following are duties of the individual and of the citizen: to respect others’ rights and not to abuse one’s own; to strive in accordance with the principle of social solidarity, responding with humanitarian actions in the face of situations that endanger the life or the health of individuals; to respect and support the democratic authorities legitimately constituted to maintain national independence and integrity; to defend and propagate human rights as the foundation of peaceful coexistence; to participate in the country’s political, civic, and community life; to strive toward achieving and maintaining peace; to collaborate toward the good functioning of the administration of justice; to protect the country’s cultural and natural resources and to keep watch that a healthy environment is being preserved; to contribute to the financing of the state’s expenditures and investments within the principles of justice and equity. title iii. on the population and the territory chapter i. on nationality article 96 the following are colombian nationals: by birth: colombian natives, upon one of two conditions: that the father or the mother have been colombian natives or nationals or that, being children of aliens, either parent was domiciled in the republic at the time of birth; and, the children of a colombian father or mother born abroad who have later established their domicile in the colombian territory or registered in a consular office of the republic. by adoption: aliens who solicit and obtain a naturalization card, in accordance with the applicable statute, which shall establish the cases in which colombian nationality is lost through adoption; people born in latin america or the caribbean who are domiciled in colombia and who, with the government’s authorization and in accordance with the relevant statute and the principle of reciprocity, request that they be registered as colombians in the municipality where they reside; and, members of the indigenous peoples straddling border areas, in application of the principle of reciprocity according to public international treaties. no colombian by birth may be stripped of his/her nationality. colombian nationality is not lost by virtue of acquiring another nationality. nationals by adoption shall not be obligated to renounce their nationality of origin or adoption. whoever has renounced his/her colombian nationality may recover it in accordance with the applicable statute. article 97 even a colombian who has renounced his/her nationality shall be tried and sentenced as a traitor if he/she acts in opposition to the country’s interests when colombia is involved in a foreign war. colombian nationals by adoption and aliens domiciled in colombia cannot be obligated to take up arms against their country of origin; neither may colombians who have been naturalized abroad take up arms against the country of their new nationality. chapter ii. on citizenship article 98 citizenship is effectively lost by the renunciation of nationality, and its exercise may be suspended by virtue of a judicial decision in the cases determined by statute. those whose citizenship has been suspended may request its restoration. paragraph unless an act fixes another age, the exercise of citizenship starts at the age of 18. article 99 to be a citizen and to exercise this citizenship is a prior and indispensable condition for the exercise of the right to vote, to be elected, and to hold public office involving authority or jurisdiction. chapter iii. on aliens article 100 aliens in colombia shall enjoy the same civil rights as colombian citizens. nevertheless, for reasons of public order, an act may impose special conditions on or nullify the exercise of specific civil rights by aliens. similarly, aliens shall enjoy, in the territory of the republic, guarantees granted to citizens, except for the limitations established by the constitution or statute. political rights are reserved to citizens, but an act may grant to aliens resident in colombia the right to vote in elections and in popular consultations at the municipal or district level. chapter iv. on territory article 101 the borders of colombia are those established in international treaties approved by congress, duly ratified by the president of the republic, and those defined by arbitration awards in which colombia takes part. the borders identified in the form provided for by this constitution may be modified only by treaties approved by congress and duly ratified by the president of the republic. besides the continental territory, the archipelago of san andrés, providencia, santa catalina, and malpelo are part of colombia in addition to the islands, islets, keys, headlands, and sand banks that belong to it. also part of colombia is the subsoil, the territorial sea, the contiguous zone, the continental shelf, the exclusive economic zone, the airspace, the segment of the geostationary orbit, the electromagnetic spectrum and the space where it applies, in accordance with international law or the laws of colombia in the absence of international regulations. article 102 the territory, together with the public resources that are part of it, belong to the nation. title iv. on democratic participation and political parties chapter i. on the forms of democratic participation article 103 the following are the people’s means of participating in the exercise of their sovereignty: the vote, the plebiscite, the referendum, the popular consultation, the open town council meeting, the legislative initiative, and the recall of officials. an act shall regulate these matters. the state shall contribute to the organization, promotion, and guidance of professional, civic, trade union, community, youth, charitable, or nongovernmental public-purpose associations, without prejudicing their authority so that they may constitute democratic means of representation in the various organs of participation, agreement, control, and oversight of the public actions that they undertake. article 104 the president of the republic, with the approval of the ministers and the prior approval of the senate of the republic, may consult the people on matters of great national importance. the people’s decision shall be binding. such consultation may not coincide with another election. article 105 upon the fulfillment of the requirements and formalities prescribed by the general statute of the territorial organization and in the cases determined by the latter, the governors and mayors as the case may be shall be entitled to hold popular consultations to decide issues falling under the jurisdiction of their respective department or municipality. article 106 upon the fulfillment of the requirements that an act prescribes, the people of the territorial entities may present bills concerning issues falling under the jurisdiction of the respective public entity, which is obliged to implement them; decide on questions/issues (disposiciones) of interest to the community on the initiative of the authority or corresponding entity or by not less of ten percent (10%) of the citizens enrolled in the respective electoral roll; and elect representatives to meetings of the public service entities within the respective territorial entity. chapter ii. on political parties and political movements article 107 all citizens are guaranteed the right to establish, organize, and promote political parties and movements and the freedom to join them or to withdraw from them. in no case shall citizens be allowed to belong simultaneously to more than one political party or movement with legal personality. the political parties and movements shall organize themselves democratically and shall have as their guiding principles transparency, objectivity, morality, the equality of sexes, and the duty to present and disseminate their political programs. in order to take decisions or to select their own candidates or coalition candidates they may hold popular, internal or inter-party ballots which may or may not coincide with elections to public bodies, in accordance with the provisions of their by-laws and the statute. in the case of popular ballots the rules relating to campaign financing and advertising and access to the state media which govern the ordinary elections shall apply. those who participate in the ballot of a party or political movement or in inter-party elections may not register for another one in the same electoral process. the result of the ballots shall be binding. the leadership of political parties and movements must promote processes of internal democratization and the strengthening of the principle of formation of factions in public bodies (régimen de bancadas). the political parties or movements must assume responsibility for any violation or contravention of the rules which govern their organization, functioning and funding and also for promoting candidates elected to posts or public bodies by popular election who have been or were sentenced during the exercise of the functions for which they have been promoted for crimes concerning links to illegal armed groups and drug trafficking activities, crimes against the system of democratic participation or crimes against humanity by a sentence which is enforceable in colombia or abroad. the political parties and movements must also assume responsibility for promoting candidates for non-elective offices or public bodies if they have been or were sentenced during the exercise of the functions for which they were a candidate for crimes concerning links to illegal armed groups and drug-trafficking activities committed prior to the backlog of the party or movement by a sentence which is enforceable in colombia or abroad. the sanctions may include fines, the repayment of the public funds obtained based on the share of the votes received and even the loss of legal personality. when the sentence concerns persons who have been elected to posts with a single office-holder (cargo uninominal) the party or movement which has promoted the sentenced person shall not present candidates for the subsequent elections in that constituency. if the elections are less than 18 months away, they may not present a list of (three) candidates, so that the nominating body is free to choose the replacement. the party leadership which is shown to have acted without the necessary care and diligence in the exercise of the rights and duties which are conferred upon them by virtue of the legal personality of the party shall also be subject to sanctions determined by statute. social organizations are also guaranteed the right to demonstrate and to participate in political events. a member of a public body who decides to stand for another party in the next election must renounce his/her seat at least twelve (12) months prior to the opening day of the registration period. transitional paragraph 1 without prejudice to the provisions of article 34, the members of popularly elected collegiate bodies shall exceptionally be authorized to register with a party different from that which has promoted them within a period of two months following the entry into force of this legislative act, without having to renounce their seat or infringing the ban on double membership. transitional paragraph 2 the national government or the members of congress shall present a draft status act which implements this article before august 10, 2009. the bill shall be accompanied by a declaration of urgency and shall be discussed in a joint session of congress, and may be the object of a declaration insisting on the urgency of its adoption if necessary. the delays for the prior review of enforceability of the draft status act by the constitutional court shall be reduced by half. article 108 the national election commission shall grant legal personality to political parties and movements and relevant groups of citizens. they may acquire it by obtaining no less than three percent (3%) of the votes validly cast in the national territory in the elections of the house of representatives or senate. they shall lose it if they do not obtain this percentage in the elections to the same public bodies. this does not apply to the special regime enacted by statute for the minority constituencies, in which it shall suffice to have obtained representation in congress. political parties and movements shall also lose their legal personality if they do hold at least every two (2) years a party congress which allows their members to influence the most important decisions on their political organization. the political parties and movements with recognized legal personality may register their candidates in the elections. to this effect, the said registration must be guaranteed by the party’s or political movement’s respective legal representative or by the person delegated by the latter. social movements and relevant groups of citizens may also register candidates. each registration of a disqualified candidate shall be cancelled by the national election commission in accordance with the requirements of due process. the by-laws of political parties and movements shall regulate the issues pertaining to their internal disciplinary regime. the members of the public bodies elected for the same party or political movement or citizen movement shall act within these bodies as a faction (bancada) in the terms defined by statute and in accordance with the decisions democratically adopted by them. the internal by-laws of the political parties and movements shall determine the matters of conscience to which this regime does not apply and may establish sanctions for the disregard of their guidelines by members of the parliamentary groups which shall comprise various levels up to the expulsion from the party and may include the loss of voting rights as member of congress, deputy, councilor or alderman/alderwoman (edil) for the remainder of the term for which the person concerned was elected. transitional paragraph 1 for the elections to congress which take place in 2010, the percentage to which the first section of this article refers shall be two percent (2%); the requirement of party membership one year prior to registration mentioned in section 8 shall not apply. article 109 the state shall contribute to the financing of political parties and movements with legal personality, in accordance with the relevant statute. the election campaigns conducted by candidates put forward by parties and movements with legal personality and by relevant citizen groups which put candidates on the ballot shall partly be funded with state resources. an act shall determine the percentage of votes necessary to qualify for the right to such funding. the expenses which parties, movements, relevant citizen groups or candidates may incur in election campaigns, as well as the maximum amount of private contributions may also be limited in accordance with the applicable statute. a percentage of this funding shall be directed to parties and movements with effective legal personality and relevant citizen groups which put forward candidates prior to the election or ballot in accordance with the conditions and guarantees determined by statue and with the authorization of the national election commission. campaigns for the election of the president of the republic shall have access to a maximum of advertising space and institutional space on radio and television paid for by the state, for candidates of those parties, movements and relevant citizen groups whose electoral bids comply with the requirements of seriousness determined by the relevant act for such purposes. in the elections following the entry into force of this legislative act, violations of the campaign spending limits shall, if duly proved, be sanctioned with the loss of the mandate or public office. an act shall determine the other effects resulting from the violation of this provision. parties, movements and candidates shall publicly account for the amount, the sources and the use of their funds. it is prohibited for political parties and movements and relevant citizen groups to receive funding for electoral campaigns from foreign individuals or corporations. no type of private funding may have objectives affecting the democratic or public order. paragraph the annual funding of political parties and movements with legal personality shall rise, at a minimum, to two point seven times of the amount contributed in the year 2003, maintaining its value over time. the amount of campaign funding of political parties and movements with legal personality shall be, at the least, three times that contributed in the 1999-2002 period in constant pesos of 2003. this includes the transportation costs on election day and the cost of postal franchises currently funded. ballots of parties and movements which opt for this mechanism shall receive funding on the basis of the shares of the votes obtained, maintaining for such purpose the value in constant pesos in force at the time of approval of the present legislative act. transitional paragraph the national government or the members of congress shall present a draft status act which implements this article before august 10, 2009. the bill shall be accompanied by a declaration of urgency and shall be discussed in a joint session of congress, and may be the object of a declaration insisting on the urgency of its adoption if necessary. the delays for the prior review of enforceability of the draft status act by the constitutional court shall be reduced by half. article 110 those fulfilling public functions are prohibited from making any contribution whatsoever to the parties, movements, or candidates or to induce others to do so, with the exceptions established by statute. noncompliance with any of these prohibitions shall be cause for dismissal from office or loss of mandate. article 111 the political parties and movements having legal capacity have the right to use media of communication making use of the electromagnetic spectrum at all times in accordance with the relevant statute. the latter shall also determine the conditions and the form in which the duly registered parties, political movements and candidates have access to said media. chapter iii. on the status of the opposition article 112 the political parties and movements with legal personality which declare themselves to be in opposition to the government may freely formulate their critical stance towards the latter and plan and develop alternative policies. for these purposes, they enjoy the following rights: access to official information and documentation, with the constitutional and legal restrictions; the use of the means of social communication of the state or of those that use the electromagnetic spectrum, in accordance with the representation obtained in the immediately preceding congressional elections; and the right to reply in the same media. minority parties and movements with legal personality shall have the right to participate in the executive committees of the collegiate bodies, in accordance with their representation in them. a statutory law shall regulate the matter in its entirety. the candidate who follows the number of votes of the elected president and vice president of the republic, governor of a department, district mayor, or municipal mayor will have the personal right to occupy a seat in the senate, the house of representatives, the departmental assembly, the district and municipal council, respectively, during the period of the corresponding corporation . the seats assigned in the senate of the republic and in the house of representatives will be added to those foreseen in the articles 171 and 176. the other seats will not increase the number of members of such institutions. in the case of rejection of a seat in the public corporations of the territorial entities, the seat will be assigned according to the general rule of seat assignment foreseen in the article 263. transitional paragraph the designation of seats mentioned in this article will not apply to elections conducted in the year 2015. title v. on the organization of the state chapter i. on the structure of the state article 113 the branches of government are the legislative, the executive, and the judiciary. in addition to the organs that constitute them, there are others, autonomous and independent, for the execution of other functions of the state. the various organs of the state have separate functions, but cooperate harmoniously for the realization of their goals. article 114 it is the responsibility of the congress of the republic to amend the constitution, pass laws, and exercise political control over the government and the public administration. the congress of the republic shall be composed of the senate and the house of representatives. article 115 the president of the republic is the chief of state, head of government, and supreme administrative authority. the national government is composed of the president of the republic, the cabinet ministers, and the directors of administrative departments. the president and the minister or director of the appropriate department represent the government in any particular issue. no act of the president, except the appointment and dismissal of ministers and directors of administrative departments and those decreed in his/her capacity as head of state and supreme administrative authority, shall have any value or force whatsoever if it is not countersigned and communicated by the minister of the respective office or by the director of the appropriate administrative department who, by virtue thereof, become responsible for same. the governorates and mayoralties as well as the superintendencies [superintendencias], public establishments, and industrial or commercial enterprises of the state are part of the executive branch. article 116 the constitutional court, the supreme court of justice, the council of state, the national commission of judicial discipline, the office of attorney general of the nation, the tribunals and the judges administer justice. so does the military criminal justice system. congress shall exercise specific judicial functions. exceptionally, an act may assign jurisdictional functions in specific subject areas to specified administrative authorities. however, they shall not be allowed to hold summary proceedings or to judge crimes. individuals may be entrusted temporarily with the function of administering justice as jurors in criminal proceedings, as mediators or as arbitrators authorized by the parties to issue verdicts in law or in equity in the terms defined by an act. article 117 the public ministry and the office of the controller general of the republic are control organs. article 118 the public ministry shall be made up of the general prosecutor of the nation, the ombudsman, the assigned public prosecutors, and the agents of the public ministry before the legal authorities, as well as by municipal representatives and other official determined by an act. it is the responsibility of the public ministry to defend and promote human rights, to protect the public interest, and to oversee the official conduct of those who perform public functions. article 119 the office of the controller general of the republic has the duty to oversee fiscal management and to control administrative performance. article 120 the electoral organization consists of the national election commission, the office of the national registrar of civil status, and of the other organs established by statute. it is responsible for the organization of elections, their direction and oversight, as well as matters relating to personal identification. article 121 no authority of the state may exercise functions different from those assigned to it by the constitution and statute. chapter ii. on the public service article 122 every public occupation shall have its functions detailed by statute or regulation; in order to fill the posts with remuneration it is necessary that they figure in the respective employment plan and that the salaries are provided in the corresponding budget. no public servant shall accede to his/her post without swearing an oath to defend and to abide by the constitution and to fulfil the duties incumbent on him or her. before taking office, on resigning from it or when the competent authority requests it, the public servant shall declare, under oath, the amount of his/her income and earnings. this declaration may only be used for the purposes of applying the rules on civil servants. the other sanctions established by statute notwithstanding, persons who have been sentenced at any time for having committed crimes involving the state treasure or who have been sentenced for crimes related to membership in or promotion or funding of illegal armed groups, crimes against humanity or drug-trafficking in colombia or abroad may not be registered as candidates for popularly elected office, nor be elected, nor be designated as civil servants; nor may they, neither personally nor through intermediary, conclude contracts with the state. the same applies to anybody who, as a civil servant, by his/her intentional or gravely negligent conduct which has been qualified as such by enforceable judicial sentence, has caused the state to be sentenced to monetary compensation, unless he/she compensates for the amount of the damage by using his/her personal property. article 123 the members of public entities, employees, and workers of the state and their territorially decentralized branches and services are civil servants. civil servants are at the service of the state and of the community; they shall perform their function in the form prescribed by the constitution, statutes, and regulations. an act shall determine the regime applicable to individuals who fulfill public functions temporarily and shall regulate their exercise. article 124 an act shall determine the responsibility of civil servants and the manner to make it effective. article 125 the employments in the state institutions and bodies are career positions. excepted are those subject to popular election, to free appointment and dismissal, those of official workers and others determined by statute. the officials whose system of appointment has not been determined by the constitution or statute shall be appointed on the basis of a public competitive examination. entry to career positions and promotion in same shall be made after fulfilling the requirements and conditions determined by an act to ascertain the merits and qualifications of the applicants. dismissal shall occur for unsatisfactory performance on the job, for violation of the disciplinary code, and for other causes prescribed in the constitution or statute. in no case may the political affiliation of citizens determine their appointment to a career position, their promotion, or their termination. paragraph the terms of office established in the political constitution or in an act for positions obtained pursuant to elections have an institutional character. those appointed or elected to fill such positions in replacement of the office holder who is permanently prevented from performing the duties of office shall do so for the remaining period for which the latter was elected. article 126 civil servants may not in the exercise of their functions, nominate, propose or contract people within their kinship up to the fourth degree of consanguinity, the second level of affinity, the first level of civil status, or with whom they are linked by marriage or permanent union. they will not be able to nominate or propose as civil servants, nor celebrate state contracts with, people that have intervened in their postulation or designation, nor with people that have with them the same bonds described in the previous item. exceptions to the provisions of this article are the nominations that are made according to the current norms about the entry or promotion for merits in the career. with the exception of the entrance exams regulated by law, the election of public servants attributed to public corporations should be presided by a public convocation regulated by the law with requirements and procedures that guarantee the principles of publicity, transparency, citizen participation, gender equality, and merit criteria for its election. people who have exercised some of the positions in the following list will not be able to be reelected. they will not be able to be nominated for another of these positions nor be elected to a position of popular election, until a year after the end their functions: magistrate of the constitutional court, of the supreme court of justice, of the council of state, of the national commission of judicial discipline, member of the immunity commission, member of the national election commission, attorney general of the nation, general prosecutor of the nation, ombudsman, comptroller general of the republic, and national registrar of civil status. article 127 civil servants may not, personally or through an intermediary, or in representation of another person, conclude any contract with public entities or private individuals who manage or administer public funds, save when legal exceptions apply. state employees working in judicial, electoral and control organs or security organisms are prohibited to take part in the activities of parties and movements and in political controversies, without prejudice to the free exercise of the right to vote. the members of the public force are subject to the limitations provided by article 219 of the constitution. employees not covered by this prohibition may participate in said activities and controversies under the conditions defined by an act. using employment to put pressure on citizens to back a cause or political campaign constitutes a misdemeanor. article 128 no one may hold more than one public position simultaneously or receive more than one salary originating from the public treasury, or from enterprises or institutions in which the state is a majority owner, except in cases expressly determined by an act. by public treasury is meant that of the nation, that of the territorial entities, and that of the decentralized entities. article 129 civil servants shall not be entitled to accept positions, honors, or compensations from foreign governments or international organizations or enter into contracts with them without prior authorization from the government. article 130 there shall be a national public service commission responsible for the administration and oversight of the careers of civil servants, except for those in a special category. article 131 an act shall regulate the public service performed by notary publics and registrars, the definition of the labor regime for their employees, and matters regarding levies as special taxes of notary publics, to be used for the administration of justice. the appointment of notaries shall be effected by means of competitive examinations. it is the responsibility of the government to create, eliminate, and merge groups of notaries and registrars and to determine the number of notaries and registry offices. title vi. on the legislative branch chapter i. on its composition and functions article 132 senators and representatives shall be elected for a period of four years beginning on july 20 following the election. article 133 members of collegiate bodies which are directly elected represent the people and shall act in a manner consonant with justice and the common good. the vote of the members shall be by name and public, except in the cases determined by statute. the elected member is politically responsible to society and to his/her voters for the execution of the obligations resulting from his/her mandate. article 134 members of the public bodies of public elections will not have substitutes. they could only be replaced for absolute or temporary absences determined by the law, by the non-elected candidates that, according to the order of registration or voting obtained, follow successively and descending in the same electoral list. in no case can members be replaced if they were convicted of common crimes related to affiliation, promotion or funding of illegal armed groups or narcotics-trafficking activities; intentional crimes against the public administration; against the mechanisms of democratic participation, nor for crimes against humanity. in addition, there will be no replacement of people that have resigned having been formally linked in colombia to penal processes for the commission of such crimes, nor for temporary absences of those people with capture warrants within the framework of the respective processes. for the purpose of the conformation of quorums, the number of members will be the total of the members of the body with the exception of those seats that cannot be replaced. the same rule will apply in the events of impediment and accepted recusals. if by absolute absences that impede the replacement of the members of the collegial bodies within the same electoral constituency are reduced to half or less, the national election commission will call for elections to fill the vacant, as long as having more than twenty-four (24) months to finish the period. transitional paragraph while the legislator regulates the replacements regime, the following provisions will be applied: i) absolute absences that lead to replacement include death; absolute physical incapacity for the exercise of a position; the declaration of nullity of elections; justified and accepted renounce from the respective corporation; disciplinary sanction consistent with destitution, and the loss of investiture; ii) temporary absences that lead to replacement include maternity leave and the preventive measures that lead to custody for crimes other than those mentioned in the present article. the prohibition of replacements will apply for judicial investigations initiated with the validity of the legislative act number 01 of 2009, with the exception of the one related to the commission of crimes against the public administration that will apply to the investigations that begin with the validity of the present legislative act. article 135 each house shall have the following powers: to elect its executive committees. to elect its general secretary for periods of two years starting from july 20 and who shall have the same qualifications as those required to be a member of the respective house. to request from the government the information that the house may need, except for what is provided in section 2 of the article that follows. to determine the holding of sessions reserved on a priority basis to [address] the oral questions formulated by the congressmen addressed to the ministries and the answers of the latter. regulations shall determine the subject matter. to fill the positions established by statute for the execution of its functions. to strive to obtain from the government the cooperation of the organs of the public administration for the best execution of its responsibilities. to organize the internal maintenance of order. to summon and require the ministers, permanent secretaries and heads of administrative departments to attend the sessions. the summons must be made not less than five days prior to a session and be formulated in the form of a written questionnaire. in case the ministers, permanent secretaries or heads of administrative departments do not attend, without an excuse accepted by the respective house, the latter may table a motion of censure. the ministers, permanent secretaries and heads of administrative departments must be heard at the session for which they were summoned, without prejudice to the possibility that the debate is continued at subsequent sessions following a decision of the respective house. the discussion may not extend to other issues than those in the questionnaire and shall be placed at the top of the session’s agenda. to table a motion of censure with respect to ministers, permanent secretaries and heads of administrative departments for matters related to their official functions, or for ignoring the requests or summons of the congress of the republic. should it come to a motion of censure, it must be tabled by at least one tenth of the members who make up the respective house. the vote shall take place between the third and 10th day following the end of the discussion, with a public hearing of the respective official. approval of the motion shall require the affirmative vote of one half of the members plus one of the house which has tabled it. once the motion is approved, the official shall be relieved of his/her functions. if it is voted down, no new motion of censure may be proposed on the same matter unless it is supported by new facts. the resignation of the official against which the censure motion has been tabled does not prevent the latter from being approved in accordance with the provisions of this article. once a decision has been taken on the censure motion by one house it bars a decision by the other house on the same matter. article 136 it is prohibited to congress and each of its houses: to intervene by means of resolutions or laws in matters which fall under the exclusive jurisdiction of other authorities. to demand from the government information regarding instructions in diplomatic matters or negotiations of a classified nature. to take votes of approval of official acts. to decree on behalf of individuals or entities contributions, bonuses, subsidies, indemnifications, pensions, or other levies that are not made to satisfy credits or recognized claims in accordance with prior law. to decree proscriptive or persecutory measures against individuals or legal entities. authorize trips abroad with funds from the public treasury, except in the execution of special missions approved by at least three-quarters of the membership of the respective house. article 137 any permanent committee may summon any individual or legal entity so that the latter may provide at a special session oral or written statements that may be mandated under oath on matters directly related to investigations pursued by the committee. if anyone summoned should give an excuse for not attending and should the committee insist in summoning the said individual or others, the issue must be definitively resolved within 10 days. the reluctance of those summoned to appear or to make the required statements shall be sanctioned by the committee with the penalty provided by the regulations in effect for cases of contempt of the authorities. if in the course of the investigation there should be required for its conclusion, or for the prosecution of possible criminal infractions, the assistance of other authorities, the latter shall be requested to provide what is necessary. chapter ii. on its sessions and activities article 138 of its own right, congress shall meet in ordinary sessions during two periods a year, which shall constitute one legislative term. the first period of sessions shall begin on july 20 and conclude on december 16; the second session shall begin on march 16 and conclude on june 20. if, for any reason, no meetings are possible on the dates indicated, they shall be convened as soon as possible within the respective periods. the congress shall also meet in special sessions by convocation of and for the period of time stipulated by the government. during these special sessions, congress shall only be entitled to discuss the issues submitted for its consideration by the government, without prejudice to the function of political control that it enjoys and which it may exercise at all times. article 139 the sessions of congress may be initiated and closed jointly and publicly by the president of the republic, which ceremony at the first meeting being essential for congress to exercise its functions legally. article 140 the congress shall have its seat in the capital of the republic. following an agreement between them, the houses may transfer their seat to some other location and, in the case of disruption of the public order, they may meet at the site designated by the president of the senate. article 141 the congress shall meet as a single body exclusively for the initiation and closing of its sessions; to install the president of the republic; to receive heads of state or government of other countries; to elect the controller general of the republic and the vice president, should the people find it necessary to replace the elected official; as well as decide on a motion of censure in accordance with article 135. in such cases the president of the senate and of the house of representatives shall be the president and vice president of congress, respectively. article 142 each house shall elect, for the respective constitutional period, permanent committees that shall take action at the first reading of proposed legislative acts or laws. an act shall determine the number of permanent committees and members as well as the subject areas which each of them shall deal with. when the permanent constitutional committees hold joint sessions, the decisive quorum shall be that which is required by each of the committees considered individually. article 143 the senate of the republic and the house of representatives may decide that any of the permanent committees should hold meetings during the recess with the purpose of debating the issues that may have remained pending in the previous period, undertaking studies that the respective body may determine, and preparing the bills with which the houses may entrust them. article 144 the sessions of the houses and their permanent committees shall be public, within the limits determined by their rules of procedure. the chairmanship shall be regulated by statute. article 145 the congress as a whole, the houses, or their committees may not open sessions or deliberate with fewer than a quarter of their members present. decisions may only be made by the majority of members of the respective body, unless the constitution should determine a different quorum. article 146 in congress as a whole, in the houses and in their permanent committees, decisions shall be taken by the majority of votes of those attending, unless the constitution should expressly prescribe a special majority. article 147 the executive committees of the houses and of their permanent committees shall be rotated each year for the legislative session that commences on july 20, and none of its members may be reelected within the same constitutional four-year period. article 148 the provisions regarding the quorum and decisive majorities shall also apply to the other popularly-elected public bodies. article 149 any meeting of members of congress which, with the purpose of exercising the functions proper to the legislative branch of government, is held outside the constitutional prescriptions shall be invalid. any decisions it may take shall have no effect whatsoever, and whoever participates in such deliberations shall be sanctioned according to the relevant statute. chapter iii. on statutes article 150 it is the responsibility of congress to enact laws. through them, it exercises the following functions: to interpret, amend, and repeal laws. to draw up codes in all areas of legislation and to amend their provisions. to approve the national development plan and public investments that must be undertaken or continued, with the determination of the resources and appropriations which are authorized for their execution and the measures necessary to promote their implementation. to define the general division of the territory in accordance with what is prescribed in this constitution; setting the bases and conditions for creating, eliminating, modifying, or merging territorial entities and for establishing their jurisdictions. to confer special powers on the departmental assemblies. to move the present seats of the higher national authorities, under extraordinary circumstances and for important reasons of public convenience. to determine the structure of the national administration and create, eliminate, or merge ministries, administrative departments, superintendencies, public establishments, and other entities at a national level, as well as to specify their objectives and organic structure; to regulate the creation and operation of regional autonomous corporations within a system of autonomy; and, similarly, to create or authorize the creation of industrial and commercial enterprises of the state and mixed economic societies. to issue regulations to which the government shall be subject in exercising the functions of inspection and oversight assigned to it by the constitution. to grant authorizations to the government to enter into contracts, to negotiate loans, and to sell national assets. the government shall periodically inform congress on the exercise of these authorizations. to vest, up to six months, in the president of the republic, precise extraordinary powers to issue rules with the force of law when public necessity or advantage so advises. such powers must be requested expressly by the government and approval requires the vote of an absolute majority of the members of both houses. at any time and at its own initiative, congress may amend decree laws enacted by the government for the use of its extraordinary powers. these powers may not be conferred for issuing codes, legal statutes, institutional acts, or anything referred to in numeral 20 of this article, or for decreeing taxes. to establish national revenues and to determine the expenditures of the administration. to establish fiscal contributions and, exceptionally, para-fiscal contributions as determined by statute. to determine the legal tender, its convertibility and the extent of its discretionary power pertaining thereto, and to regulate the system of weights and measures. to approve or reject contracts or agreements which, for reasons of evident national necessity, the president of the republic has entered with individuals, companies, or public entities without prior authorization. to decree honors to citizens who have rendered services to the fatherland. to approve or reject treaties that the government makes with other states or entities in international law. by means of these treaties and on the bases of equity, reciprocity and national convenience, the state may partially transfer specified powers to international organizations, with the intent to promote or consolidate economic integration with other states. to grant, by a two-thirds majority of the members of both houses or for grave reasons of public convenience, amnesties or general commutations for political crimes. in cases where the grantees are exempted from civil liability with respect to private individuals, the state must be obligated to make the proper compensations. to enact the regulations regarding the appropriation or adjudication and reclamation of uncultivated land. to enact general rules that specify the objectives and criteria to which the government must be subjected for the following purposes: to organize public credit; to regulate foreign trade and specify the international exchange system, in agreement with the functions which the constitution assigns to the board of directors of the bank of the republic; to modify, for purposes of commercial policy, duties and other provisions concerning the customs system; to regulate activities concerning finance, the stock market and insurance and any other activity connected with the management, use, and investment of resources received from the public; to establish the system of wage and benefits concerning civil servants, members of the national congress, and the police force; to regulate the system of minimum social benefits for official workers. these functions pertaining to social security services are not to be delegated to public territorial bodies and may not be claimed by them. to create the administrative and technical services of the houses. to issue laws concerning economic intervention provided for in article 334, which must specify their purposes and scopes and the limits to economic freedom. to issue laws concerning the bank of the republic and the functions that must be performed by its board of directors. to issue laws which shall regulate the exercise of public functions and the provision of public services. to regulate the system of industrial property, patents and trademarks, and the other forms of intellectual property. to unify regulations concerning traffic police throughout the entire territory of the republic. it is the responsibility of congress to enact an organic statute on contracts concluded by the public administration and especially by the national administration. article 151 the congress shall issue institutional acts regulating the exercise of legislative activity. through them, the rules of procedure of congress and of each house, regulations concerning the preparation, approval, and execution of the budgetary revenues and appropriations law, and the execution of the general development plan and those relative to the assignment of regulatory responsibilities to the territorial entities shall be established. the institutional acts shall require, for their approval, an absolute majority of the votes of the members of both houses. article 152 by way of status acts (leyes estatuarias) the congress of the republic shall regulate the following subject areas: fundamental rights and duties of individuals and the proceedings and resources for their protection; administration of justice; organization and regulations of parties and political movements; the formal statute of the opposition and electoral functions; institutions and machinery of citizen participation; states of exception. the equal electoral treatment of candidates for the presidency of the republic who comply with the requirements established by statute. transitional paragraph the national government or the members of congress shall present before march 1, 2005 the draft of a statutory law which implements letter f) of article 152 of the constitution and regulates, in addition, the following matters: guarantees for the opposition, the participation of civil servants in politics, the right of equal access to communications media which make use of the electromagnetic spectrum, the predominantly state financing of presidential election campaigns, the right to reply in conditions of equality when the president of the republic is a candidate, and rules about disabilities of presidential candidates. the draft law shall be accompanied by a declaration of urgency and may be subject to a declaration of insistence [by congress with regard to its referral to the constitutional court]. the congress of the republic enacts the status act before june 20, 2005. the period for the exercise of the preventive control of constitutionality of the draft statutory law by the constitutional court is reduced by half. article 153 the approval, amendment or repeal of status acts shall require an absolute majority of the votes of the members of congress and shall be completed within a single legislative term. said procedure shall include the prior review by the constitutional court to make the proposal attainable. any citizen may intervene to defend it or to oppose it. article 154 statutes may originate in either of the houses at the proposal of their respective members, the national government, the entities stipulated in article 156, or through popular initiative in the cases provided for by the constitution. however, the government may dictate or amend only those laws covered by paragraphs 3, 7, 9, 11, and 22 and by subparagraphs (a), (b), and (e) of numeral 19 of article 150; those which decree contributions to national revenues or transfers of same; those which authorize contributions or grants by the state to industrial or commercial enterprises; and those which decree exemptions from taxes, contributions, or national levies. the houses may introduce amendments to the bills presented by the government. legislative bills concerning taxes shall be initiated in the house of representatives while those involving international relations shall be initiated in the senate. article 155 legislative bills or those involving constitutional amendments may be introduced by a number of citizens equal to or greater than five percent of the existing electoral rolls at the respective date or by thirty percent of the councils or deputies of the country. the popular initiative shall be executed by the congress, in accordance with the provisions in article 163 with respect to bills that have been the subject of a declaration of urgency. the proposing citizens shall have the right to designate a spokesman who shall be heard by the houses at all stages of the proceedings. article 156 the constitutional court, the judicial governing council, the supreme court of justice, the council of state, the national election commission, the general prosecutor of the nation, or the controller general of the republic have the right to introduce bills in subject areas related to their functions. article 157 no bill shall become law without meeting the following requirements: being published officially by congress before being sent to the respective committee. being approved at the first reading in the appropriate permanent committee of each house. the rules of procedure of congress shall determine the cases in which the first reading shall be held in a joint session of the permanent committees of both houses. being approved in each house at the second reading. securing the approval of the government. article 158 every legislative bill shall refer to a single issue and any provisions or amendments not germane to it shall be inadmissible. the chairman of the appropriate committee shall reject the initiatives that are not in harmony with this principle, though his/her decisions shall be subject to appeal before the same committee. an act which is subject to partial modification shall be published as a single text incorporating the approved amendments. article 159 the legislative bill rejected at the initial reading may be considered by the respective house at the request of its author, a member of the house, the government, or the spokesman of its proponents in the case of a popular initiative. article 160 between the first and second readings, a period of no less than eight days must have elapsed, and between the approval of the bill in either house and the initiation of the debate in the other, at least 15 days must have elapsed. during the second reading, each house may introduce amendments, additions, and omissions that it deems necessary. in the report to the plenary house for the second reading, the committee chairman shall present all the proposals that were considered by the committee and the reasons why they were rejected. every draft law or draft legislative act must contain information on how it is to be dealt with by the respective committee competent to discuss it, and must proceed accordingly. no bill shall be put to a vote in a session different from the one that had been previously announced. the announcement that a bill shall be put to a vote shall be made by the president of each house or committee in a session different from the one in which the vote takes place. article 161 when differences occur in the houses with respect to a bill, they form conciliation committees composed of an equal number of senators and representatives which try in joint sessions to produce a compromise text and, failing that, decide by majority. after having been published at least one day in advance, the adopted text is submitted for discussion and approval by each house in plenary session. if following the repetition of the second reading the differences persist, the bill shall be considered as having been defeated. article 162 legislative bills which failed to be passed in one legislative term and which shall have been debated once in either house shall continue their course in the subsequent term in whatever state they may be. no bill may be considered in more than two legislative terms. article 163 the president of the republic may solicit the urgent passage of any legislative bill. in such a case, the respective house shall take a decision on the matter within a 30-day limit. even within this deadline, a declaration of urgency may be reiterated at all constitutional stages of the bill. should the president insist on the urgency, the bill shall have priority in the day’s agenda excluding the consideration of any other matter until the appropriate house or committee reaches a decision about it. if the legislative bill to which the message of urgency refers is under study by a permanent committee, the committee, at the request of the government, shall deliberate jointly with the corresponding committee of the other house in order to complete the first reading. article 164 the congress shall give priority to the passage of legislative bills that approve treaties involving human rights and which may be submitted for consideration by the government. article 165 once a legislative bill is approved by both houses, it shall be transmitted to the government for its approval. should the government see no objections, it shall approve the bill’s promulgation as law; if it objects to it, the bill shall be returned to the house in which it originated. article 166 the government has a six-day deadline to return with its objections any bill that does not include more than 20 articles; 10 days should the bill include 21 to 50 articles; and up to 20 days should there be over 50 articles. if the prescribed delay expires without the government having returned the bill with its objections, the president shall approve and promulgate it. if the houses should begin a recess within the stated deadlines, the president shall be obliged to publish the approved or disapproved bills within the above-mentioned deadlines. article 167 the bill to which the government objects totally or in part shall be returned to the houses for a second debate. the president shall sign without being able to present objections the bill which, after reconsideration, is approved by the absolute majority of both houses. excepted is the case in which the bill has been opposed as unconstitutional. in such an event, should the houses insist, the bill shall be sent to the constitutional court so that the latter, within the six (6) following days, may decide about its constitutionality. the decision of the court obliges the president to approve the statute. if the court declares the bill unconstitutional, it shall be filed away. if the court decides that the bill is unconstitutional in part, it shall so indicate to the house where the bill originated so that, once the minister in charge has been heard, the house may redraft the bill and integrate the provisions concerned in terms consonant with the ruling of the court. once this is done, the house shall transmit the bill to the court for its definitive ruling. article 168 if the president fails to fulfill his/her duty to approve the bills within the deadlines and according to the conditions established by the constitution, the president of congress shall approve and promulgate them. article 169 the title of an act shall faithfully reflect its contents, and the following formula shall precede the text: “the congress of colombia decrees.” article 170 a group of citizens corresponding to one-tenth of the electoral rolls may request from the electoral organization the holding of a referendum for the repeal of a law. this law shall be repealed if half plus one of the voters who participate in the referendum so decide as long as a quarter of the citizens making up the electoral rolls participate in said referendum. there can be no referendum with respect to laws approving international treaties or the budget or laws relating to fiscal or tax matters. chapter iv. on the senate article 171 the senate of the republic shall be composed of one hundred members elected in one nationwide constituency. there shall be an additional two senators elected in a special national constituency for indigenous communities. colombian citizens who happen to be or reside abroad may vote in elections for the senate of the republic. the system of electoral quotient shall apply to the special constituency for the election of senators by indigenous communities. the representatives of the indigenous communities who aspire to become members of the senate of the republic must have exercised a position of traditional authority in their respective community or have been leaders of an indigenous organization, which qualification shall be verified by a certificate from the respective organization, endorsed by the minister of the government. article 172 in order to be elected senator, the candidate must be a colombian citizen at birth, a citizen in good standing, and be over 30 years of age on the date of the election. article 173 the following are the powers of the senate: to approve or reject the resignation from office by the president of the republic or the vice president. to approve or disapprove military promotions granted by the government from general officers and flag officers of the public force up to the highest rank. to grant permission to the president of the republic to take temporary leave from his/her office outside of sickness and to decide about the qualifications of the vice president to serve as president of the republic. to allow the transiting of foreign troops across the territory of the republic. to authorize the government to declare war on another state. to elect the judges of the constitutional court. to elect the general prosecutor of the nation. article 174 the senate has the power to hear the charges that the house of representatives makes against the president of the republic or whoever is taking that position and against the members of the commission of immunity, although no longer performing their functions. in this case, it will be competent to hear the facts and omissions that occurred during office. article 175 the following rules shall be observed in the decisions made by the senate: the accused is automatically suspended from his/her office whenever he/she admits publicly to a charge. if the charge refers to crimes committed in the exercise of his/her functions or that he/she becomes unworthy to serve because of a misdemeanor, the senate may only impose the sanction of discharge from office or the temporary or absolute suspension of political rights. but the accused shall be brought to trial before the supreme court of justice if the evidence demonstrates that the individual to be responsible for an infraction deserves other penalties. if the charge refers to common crimes, the senate shall confine itself to declare if there are grounds or not for further measures, and in the affirmative case it shall place the accused at the disposal of the supreme court. the senate may commission a task force from among its own ranks for investigation, reserving for itself the decision and definitive sanction to be pronounced in a public session by at least two-thirds of the votes of the senators present. chapter v. on the house of representatives article 176 the house of representatives shall be elected in territorial and special constituencies. each department and the capital district of bogotá will form part of a territorial constituency. there will be two representatives for each territorial constituency and an additional one for each 365,000 inhabitants or a fraction greater than 182,500 over the first 365,000. the territorial constituency formed by the department of san andres, providencia, and santa catalina will elect an additional (1) representative for the raizal community of the said department, according to the law. for the election of representatives to the house, each department and the capital district of bogotá shall constitute a territorial constituency. the special constituencies will guarantee the participation of ethnic groups and colombians that reside abroad in the house of representatives. through these constituencies, there will be the election of four (4) representatives distributed as follows: two (2) for the constituency of the afro-descendant communities, one (1) for the constituency of the indigenous communities, and one (1) for the international constituency. in this last constituency, only those votes deposited outside of the national territory by citizens that reside abroad will be counted. paragraph 1 beginning in 2014, the assignment of additional seats shall be based on the corresponding proportional increase of the national population, in accordance with the results of the census. it shall be the task of the electoral commission to adjust the number for the assignment of seats. paragraph 2 if as a result of the application of the formula contained in the present article a territorial constituency should lose one or more seats, it shall keep the number of seats to which it was entitled on july 20, 2002. transitional paragraph the congress of the republic shall issue regulations for the international constituency until december 16, 2013 at the latest; otherwise the national government shall do so within thirty (30) days following that date. the regulations shall cover, among other things, the following matters: the registration of candidates, the registration of citizens entitled to vote abroad, mechanisms to promote the participation in the vote and the holding of the ballot in the consulates and state funding for visits abroad by the elected representative. article 177 to be elected representative, it is necessary to be a citizen in good standing and be older than 25 years of age on the date of the election. article 178 the house of representatives shall have the following special powers: to elect the ombudsman. to examine and finalize the general budgetary and treasury account presented to it by the controller general of the republic. accuse the president of the republic or whoever is occupying that office before the senate, with a prior request in the commission for the investigation and prosecution of the house of representatives, when there are constitutional causes, as well as the members of the commission of immunity. to take cognizance of denunciations and complaints presented before it by the attorney general of the nation or by individuals against specific officials and, if valid, to bring charges on that basis before the senate. to request the assistance of other authorities for the conduct of investigations for which the house is competent, and to commission the collection of evidence when the house considers it appropriate. article 178-a the magistrates of the constitutional court, and the supreme court of justice, the council of state, the national commission of judicial discipline, and the attorney general of the nation will be responsible for whatever infraction of the disciplinary or penal law committed during the exercise of their functions or related with them. in any case, it will not be required, at any moment, responsibility for the votes and opinions issued in their judicial or consultative providences, issued according to their functional independence, without prejudice to the responsibility that applies from wrongfully favoring their own or other’s interests. a commission of immunity will be competent to investigate and accuse, according to the law and the principles of due process, the office holders mentioned in the previous paragraph, even after the end of their official functions. in this case, it will be competent to hear the facts and omissions that occurred while in the exercise of official functions. if the investigation is about disciplinary offence of indignity for bad conduct, the commission of immunity will proceed with the investigation and when pertinent will present charges to the house of representatives. in no case can they be able to impose other sentence than the suspension and destitution from office. the decision of the house of representatives can be appealed before the senate of the republic. congress can in no case engage in investigations to furnish evidence. against the decision of the senate, there can be no recourse or action. if the investigation is about crimes, the commission of immunity will also present charges to the supreme court of justice for the proceedings to continue in that institution. in case of judicial proceedings against magistrates of the supreme court of justice, the other judges will be designated by the council of state. the commission will have sixty days to present the charge when the case refers to disciplinary offence of indignity for bad conduct, and the house of representatives will have thirty days to decide. in any case, the commission will be able to act with the investigation of a criminal cause if pertinent and, if they find merit in the accusation, can advance with the established proceeding in the past paragraph, in the term that the law establishes. the commission shall consist of five members, elected by the congress in plenum for the individual periods of eight years, of lists sent by the government judicial council and constructed with public calls made by the administration of the judicial branch within the terms established by the law. the members of the commission of immunity should hold the qualities required for the magistrates of the supreme court of justice and will be subject to the same requirements of unfitness and incompatibilities. the chambers of the constitutional court, of the supreme court of justice, of the council of state, and the national commission of disciplinary justice, can request the commission of immunity the suspension of one of its members while the accusation of disciplinary offences for indignity for bad conduct is decided. the law will establish the procedures to determine the fiscal responsibility when the officeholders with immunity referred to in this article exercise administrative functions. transitional paragraph without prejudice to the established in the third section of article 178, the commission for investigation and prosecution of the house of representatives will maintain, during a year to be counted from the entry into force of this legislative act, the power to investigate the facts that occur before the magistrates of the commission of immunity take office, those that are imputed to the officeholders with immunity referred to in this article and the magistrate of the supreme council of the judicature. the house of representatives will adopt the necessary administrative decisions so that the investigative representatives can, in that period of time: dictate inhibiting resolutions in the cases that do no merit the formal initiation of an investigation when it appears that the conduct has not existed, that is objectively atypical, that the penal action cannot begin, or that a cause of no liability is demonstrated. submit the investigation to the competent authorities if it is about actions committed outside of public office and the person investigated had ceased the practice of public office. order the beginning of the investigation when the facts of the case merits and submit it to the commission of immunity for the initiation of the process. present the charge before the plenary session of the house of representatives with respect to open investigations, when the facts of the case merit it. submit to the commission of immunity all other investigations, in the phase that they are found, including those that have progressed against the magistrates of the supreme council of the judicature. while the law does not adopt the applicable procedure, the commission of immunity will be ruled by the procedural regime used in the investigation undertaken by the commission of investigation and prosecution and the norms that substitute and modify it. chapter vi. on members of congress article 179 the following are not qualified to be members of congress: those who have been sentenced at any time by judicial decision to a prison term, with the exception of political or similar crimes. those who have exercised, as public employees, jurisdiction or political, civil, administrative, or military authority within the 12 months prior to the date of the election. those who have participated in business transactions of public entities, or have concluded contracts with them in their own interest or that of third parties, or have been the legal representatives of entities which administer taxes or quasi-fiscal levies within six months prior to the date of the election. those who have lost their mandate as a member of congress. those who are connected through marriage or permanent union or by kinship to the third level of consanguinity, first level of affinity, or by merely civil ties with officials who exercise civil or political authority. those who are connected among themselves through marriage or permanent union or by kinship to the third level of consanguinity, second level of affinity, or first civil level, and register for the same party, movement or political group for elections to public office or of members of public bodies that must be held on the same date. those who hold dual nationality, excepting colombians by birth. no one may be elected to more than one public body or office, nor to one public body and one public office, if the respective terms of office overlap, even partially. the disqualifications provided for in the numerals 2, 3, 5, and 6 refer to situations occurring in the constituency where the respective election must take place. statute shall regulate the other cases of disqualification on the ground of kinship with officials not contemplated by those provisions. for the purposes of this article the national constituency shall be deemed to coincide with each of the regional constituencies, except for the disqualification mentioned in numeral 5. article 180 members of congress are prohibited from engaging in the following activities: holding public or private office or employment. managing in their own name or that of somebody else of public authorities or individuals that administer taxes, being invested with powers with them or to conclude contracts, on their own or through an intermediary, with them. an act shall establish the exceptions to this provision. being a member of boards or executive committees of decentralized official entities of whatever level or institutions that administer taxes. concluding contracts or making arrangements with individuals or private legal entities that administer, manage, or invest public funds or are contractors of the state or receive subsidies from the latter. excepted is the acquisition of goods or services that are offered to citizens in conditions of equality. paragraph 1 the profession of university teacher is excepted from the regime of incompatibilities. paragraph 2 the official who, in violation of the present article, appoints a member of congress to a post or office or concludes a contract with him/her or accepts that he/she should act as business representative in his/her own name or that of a third party, shall be guilty of a misdemeanor. article 181 the incompatibilities of the congressmen shall be in effect during the applicable constitutional period. in case of resignation, they shall continue to apply during the year subsequent to their acceptance if the time that remains before the expiration of the term is greater than the time elapsed. whoever is to be called to occupy the position shall be subject to the same system of disqualifications and incompatibilities beginning with their taking office. article 182 members of congress shall inform their respective house of the moral or economic situation that prevents them from participating in the discussion of the matters submitted for their consideration. an act shall determine the rules governing conflicts of interest and objections. article 183 members of congress lose their seat for the following causes: for violating the rules on disqualifications and incompatibilities or the rules on conflict of interest. for their absence, in the same term of sessions, from six plenary meetings at which legislative acts, bills, or motions of censure are voted upon. for not taking their seat within eight (8) days following the constitution of the respective body or the date on which they were summoned to take their seat. for the improper payment of public funds. for duly proven influence trafficking. paragraph subparagraphs 2 and 3 shall not apply when "force majeure" is involved. article 184 the loss of the seat shall be decided by the council of state in accordance with the relevant statute and within no more than twenty working days, beginning with the date of the request made by the executive committee of the appropriate house or by any citizen. article 185 members of congress enjoy immunity for their opinions and the votes that they cast in the exercise of their office, without prejudice to the disciplinary rules included in the respective rules of procedure. article 186 for the offenses that members of congress may commit, the supreme court of justice is the sole authority that may order their detention. in case of "flagrante delicto," members of congress shall be apprehended and placed immediately at the disposal of the same body. article 187 the remuneration of the members of congress shall be adjusted each year in proportion equal to the weighted average of the adjustments made in the remuneration of the civil servants of the central administration on the basis of a certification that the controller general of the republic shall issue for that purpose. title vii. on the executive branch chapter i. on the president of the republic article 188 the president of the republic symbolizes the national unity and, on taking the oath of office to abide by the constitution and the laws, he/she pledges to guarantee the rights and freedoms of all colombians. article 189 it is the responsibility of the president of the republic, as the chief of state, head of the government, and supreme administrative authority to do the following: appoint and dismiss freely cabinet ministers and directors of administrative departments. direct international relations; appoint the members of the diplomatic and consular corps; receive the corresponding foreign officials; and make international treaties or agreements with other states and international bodies to be submitted to the approval of congress. direct the public force and its disposition as supreme commander of the armed forces of the republic. conserve the public order throughout the territory and restore it where it has been disturbed. direct military operations when he/she deems it appropriate. provide for the external security of the republic; defend the independence and honor of the nation and the inviolability of its territory; declare war with the approval of the senate or without such authorization to repel foreign aggression; and agree to and ratify peace treaties, regarding all of which matters the president shall give an immediate account to congress. authorize, during a recess of the senate and with the prior opinion of the council of state, the transit of foreign troops across the territory of the republic. install and close the sessions of congress in each legislative term. approve the statutes. promulgate the statutes, obey them, and oversee their strict execution. exercise the power to regulate through the issuing of decrees, resolutions, and orders necessary for the execution of the statutes. present a report to congress at the beginning of each legislative term regarding the measures of the administration, regarding the execution of the plans and programs of economic and social development, and regarding the bills which the government proposes to move forward during the new legislative term. appoint the presidents, directors, or managers of national public institutions and individuals who must occupy national office, positions not to be filled through competitive examinations or which are not covered by other officials or bodies, according to the constitution or the statute. in any case, the government retains the ability (tiene la facultad) to freely name and remove its agents. create, merge, or dissolve, according to an act, positions required by the central administration, define their special functions, and determine their benefits and emoluments. the government may not create, at treasury expense, obligations that exceed the total amount allocated for the respective service in the initial appropriations law. eliminate or merge national administrative entities or organs in accordance with the applicable statute. modify the structure of the ministries, administrative departments, and other national administrative entities or organs, according to the principles and general regulations defined by an act. assign work according to its nature among ministries, administrative departments, and public institutions. grant permission to national public employees who may request it to accept, on a temporary basis, responsibilities or benefits from foreign governments. confer ranks to the members of the public force and submit for the approval of the senate those that fall under article 173. oversee the strict collection and administration of public revenues and credits and decree their investment in accordance with the relevant statutes. effect the inspection and oversight of education in accordance with the relevant statute. effect the inspection and oversight of the provision of public services. make contracts falling under his/her jurisdiction in accordance with the constitution and statute. effect, in accordance with the relevant statute, the inspection, oversight, and control of individuals who undertake financial, stock market, insurance, and any other activities connected with the management, use, or investment of resources collected from the public. similarly, those involving cooperative entities and commercial companies. organize the public credit; determine the national debt and arrange for its servicing; amend the customs duties, tariffs, and other provisions concerning customs; regulate foreign trade; and effect intervention in financial, stock exchange, insurance, and any other activities connected with the management, use, and investment of resources originating from the saving of third parties in accordance with the relevant statute. effect the inspection and oversight of institutions of public necessity so that their revenues may be protected and be properly applied and so that everything that is essential should be implemented according to the wishes of the founders. grant temporary patents to inventors of useful improvements in accordance with the applicable statute. issue naturalization certificates, in accordance with the relevant statute. article 190 the president of the republic shall be elected for a period of four years by one-half plus one of the ballots which, in secret and direct manner, the citizens shall cast on the date and following the procedures determined by an act. if no candidate should secure the said majority, a runoff election shall be held three weeks later when only those two candidates who received the most votes in the first round of balloting shall participate. the candidate with the larger number of votes shall be declared president. in the case of the death or permanent physical incapacity of either of the two candidates receiving the majority of votes, his/her party or political movement may enter a new candidate for the runoff election. if the party or movement fails to do so or if the vacancy stems from another reason, that candidate shall be replaced by whoever won third place in the first round and so on in successive and descending order. should the vacancy occur less than two weeks before the second round of balloting, the latter shall be postponed by 15 days. article 191 in order to be president of the republic, an individual must be colombian by birth, a citizen in good standing, and over 30 years of age. article 192 the president of the republic shall assume his/her office before congress and shall take the following oath: “i swear to god and promise to the people to faithfully execute the constitution and the laws of colombia.” if, for any reason, the president should be unable to assume his/her office before congress, he/she shall do so before the supreme court of justice or, failing that, before two witnesses. article 193 it is the responsibility of the senate to grant its approval to the president of the republic to be temporarily relieved of his/her duties. on account of sickness, the president of the republic may be relieved of his/her duties, for the necessary period, following the advice of the senate or, if it is in recess, the supreme court of justice. article 194 a permanent vacancy in the office of the president of the republic occurs at his/her death; his/her accepted resignation; his/her removal from office decreed as a judgment; and finally, permanent physical incapacity and relinquishment of duties, these last two being declared by the senate. a temporary vacancy in the office occurs following permission for leave of absence and sickness, in accordance with the previous article, and suspension in the president’s exercise of responsibility decreed by the senate or a prior public admission by the president of a charge in cases anticipated in numeral 1, article 175. article 195 the acting chief executive shall have the same privileges and the same powers as the president whom he/she replaces. article 196 the president of the republic, or whoever replaces him/her, may not move abroad during the exercises of his/her office without prior notification sent to the senate or, if it is in recess, the supreme court of justice. a violation of this provision implies relinquishment of his/her office. the president of the republic, or whichever official has occupied the presidency, shall not be entitled to leave the country during the year following the date when he/she stopped exercising his/her functions without the prior permission of the senate. when the president of the republic travels abroad as part of his/her duties, the appropriate minister, according to the order of legal precedence, shall exercise under his/her own responsibility the constitutional functions that the president should delegate to him/her, both those which pertain to the minister as well as those that he/she exercises in the capacity of head of government. the delegated minister shall belong to the same party or political movement as the president. article 197 any citizen, regardless of title, who has functioned as a president cannot be elected president of the republic. this prohibition does not apply to the vice president when taking office for less than three months, in a continuous or discontinuous manner during the four-year period. the prohibition against reelection can only be reformed or derogated through a referendum of popular initiative or constitutional assembly. no citizen can be elected as president of the republic or as a vice president if that person has incurred in any of the acts of incompetence established in the numerals 1, 4, and 7 of the article 179, nor the citizen that a year before the election has had the investiture of vice president or exercised any of the following positions: minister, director of an administrative department, magistrate of the supreme court of justice, of the constitutional court, of the council of state, of the national commission of judicial discipline, member of the commission of immunity or the national election commission, general prosecutor of the nation, ombudsman, controller general of the republic, attorney general of the nation, national registrar of the civil status, commanders of the armed forces, auditor general of the republic, director general of the police, departmental governor, or mayor. article 198 the president of the republic or whoever replaces him/her shall be responsible for his/her acts of commission or omission that violate the constitution or the laws. article 199 the president of the republic, during the period for which he/she is elected or whoever is entrusted with the presidency, may not be prosecuted or tried for crimes except following an indictment by the house of representatives and when the senate shall have declared that there are grounds for a bill of particulars. chapter ii. on the government article 200 in its relations with congress, the government has the following duties: help draft the statutes, present bills through ministers, exercise the right of objecting to them, and approve them in accordance with the constitution. convoke congress to special sessions. present the national development and public investment plan, in accordance with the provisions in article 150. send to the house of representatives the budget bill of revenues and expenditures. provide the houses reports that they solicited on issues that do not call for secrecy. lend effective support the houses when the latter request it, placing at their disposal the public force if necessary. article 201 it is the duty of the government to do the following in relation with the judiciary branch: lend to the judicial officials the necessary assistance to make their decisions effective, in accordance with the applicable statutes. grant pardons, reprieves, or amnesties for political crimes, in accordance with an act, and inform congress about the exercise of this power. in no case may these exonerations involve the responsibility which the grantees of the exonerations may have vis-à-vis private individuals. chapter iii. on the vice president article 202 the vice president of the republic shall be elected by popular vote on the same day and in the same manner as the president of the republic. the candidates for the runoff election, if there should be one, shall in each case be those who participated in the general election. the vice president shall hold office for the same period as the president and shall replace the president in case of temporary or permanent presidential vacancy, even if such a vacancy should occur before the assumption by the president of his/her office. in case of a temporary vacancy in the position of president of the republic, it shall be sufficient that the vice president should take possession of the president’s position as soon as possible so that he/she may exercise it whenever necessary. in case of a permanent vacancy in the position of the president of the republic, the vice president shall assume the office until the end of the term. the president of the republic shall be able to entrust to the vice president missions or special duties and to assign to him/her any responsibility of the executive branch. the vice president may not assume the functions of minister-delegate. article 203 when there is a vacancy in the position of vice president because the latter is assuming the presidency, the former office shall be assumed by a minister in the order of precedence established by statute. the individual who, in accordance with this article, replaces the president shall belong to the same party or movement and shall exercise the presidency until such time as congress, in its own right and within the 30 days following the date when the presidential vacancy occurs, elects the vice president who shall assume the presidency of the republic. article 204 in order to be elected vice president the same qualifications are required which are needed to be president of the republic. article 205 in case of a permanent vacancy in the position of vice president, congress shall meet in its own right or on convocation by the president of the republic in order to elect whoever has to fill the office for the rest of the term. a permanent vacancy in the position of vice president is created by his/her death, his/her accepted resignation, or permanent physical disability recognized by congress. chapter iv. on the ministers and directors of administrative departments article 206 the number, designation, and order of precedence of the ministries and administrative departments shall be determined by statute. article 207 in order to be a minister or director of an administrative department, the same qualifications are mandated as for representative in the house. article 208 the ministers and directors of administrative departments are the heads of public administration within their respective remit. under the direction of the president of the republic, it is their responsibility to formulate policies pertaining to their portfolio, direct the administrative operations, and execute the relevant statutes. the ministers, in relation with the congress, are spokesmen of the government, present government bills to the houses, respond to the requests that the houses make to them, and take part in debates directly or through deputy ministers. the ministers and directors of administrative departments shall present to the congress, within the first 15 days of each legislative term, a report on the state of affairs assigned to their ministry or administrative department and on the reforms that they consider appropriate. the houses may request the assistance of the ministers, the permanent committees, the deputy ministers, directors of administrative departments, the manager of the bank of the republic, the presidents, directors, or managers of the decentralized entities at the national level, and that of other functionaries of the executive branch of government. chapter v. on the administrative function article 209 the administrative function is at the service of the general interest and is developed on the basis of the principles of equality, morality, efficiency, economy, speed, impartiality, and publicity through the decentralization, delegation, and deconcentration of functions. the administrative authorities must coordinate their actions for the appropriate fulfillment of the purposes of the state. the public administration, at all levels, shall have an internal control that shall be exercised within the limits stipulated by an act. article 210 the entities of the decentralized national services may only be created by statute or through its authorization, based on the principles that guide administrative activity. individuals may carry out administrative functions under the conditions stipulated by an act. an act shall establish the juridical regime of the decentralized entities and the responsibilities of their chairmen, directors, or managers. article 211 an act shall stipulate the functions that the president of the republic may delegate to the ministers, directors of administrative departments, legal representatives of decentralized entities, superintendents, governors, mayors, and agencies of the state which the same law determines. similarly, it shall determine the conditions under which the administrative authorities may delegate responsibilities to their subsidiaries or other authorities. the delegation exempts the delegator from responsibility, which shall fall exclusively on the one being delegated with authority and whose actions or resolutions may always be amended or revoked by the delegator, who would then reassume the consequent responsibility. an act shall establish what recourse is available against the actions of those holding delegated authority. chapter vi. on the states of exception article 212 the president of the republic, with the signature of all the ministers, may declare a state of foreign war. on the basis of such a declaration, the government shall have the strictly essential options to repel the aggression, defend the country’s sovereignty, meet the requirements of the war, and bring about the restoration to normal conditions. the declaration of a state of foreign war may be made only when the senate shall have approved the declaration of war, except when in the judgment of the president, it was necessary to repel the aggression [forthwith]. while the state of war continues, congress shall use all its constitutional and legal powers and the government shall report to it, giving reasons periodically for the decrees that it has issued and the evolution of events. the legislative decrees issued by the government that suspend laws incompatible with the state of war are in force during the time as stipulated by the decrees, and shall no longer be in effect as soon as normal conditions are declared to have been restored. at any time, congress may amend or repeal the decrees through a favorable vote of two-thirds of the members of each house. article 213 in the case of a serious disruption of the public order imminently threatening the institutional stability, the security of the state, or the peaceful coexistence of the citizenry, and which cannot be met by the use of ordinary powers of the police authorities, the president of the republic, with the approval of all the ministers, may declare a state of internal disturbance throughout the republic or part of it for a period no longer than 90 days, extendable for two similar periods, the second of which requires the prior and favorable vote of the senate of the republic. by means of such a declaration, the government shall have the strictly essential options to deal with the causes of the disruption and prevent the spread of its effects. the legislative decrees that the government may issue can suspend the laws incompatible with the state of disturbance and shall no longer be in effect as soon as public order is declared to have been restored. the government may extend it application up to 90 more days. within the three days following the declaration or extension of the state of disturbance, congress shall meet in its own right, with all its constitutional and legal powers. the president shall transmit to it an immediate report concerning the reasons motivating the said declaration. in no case may civilians be questioned or tried by the penal military system. article 214 the states of exception referred to in the previous articles shall be subject to the following provisions: the legislative decrees shall have the signature of the president of the republic and all his/her ministers and may refer only to matters that have direct and specific connection with the situation which the declaration of the state of exception may have determined. neither human rights nor fundamental freedoms may be suspended. in all cases, the rules of international humanitarian law shall be observed. a statutory law shall regulate the powers of the government during the states of exception and shall establish the legal controls and guaranties to protect rights, in accordance with international treaties. the measures that are adopted must be proportionate to the gravity of the events. the normal functioning of the branches of government or state organs shall not be interrupted. as soon as the foreign war or the causes that gave rise to the state of internal disturbance shall have come to an end, the government shall declare the public order to have been restored and shall lift the state of exception. the president and the ministers shall be responsible when they declare states of exception without the occurrence of a foreign war or internal disturbance, and they shall also be responsible, as shall other officials, for any abuse that they commit in the exercise of the powers referred to in the earlier articles. the government shall send to the constitutional court on the day following their promulgation the legislative decrees issued under the powers mentioned in the above articles so that the court may decide definitively on their constitutionality. should the government not comply with the duty of transmitting the decrees, the constitutional court shall automatically and immediately take cognizance of the same. article 215 when events different from those provided for in articles 212 and 213 occur that disrupt or threaten to disrupt in serious or imminent manner the economic, social, or ecological order of the country or which constitute a grave public calamity, the president, with the signature of all the ministers, may declare a state of emergency for periods up to 30 days in each case which, in all, may not exceed 90 days in a calendar year. by means of such a declaration which shall be justified, the president may, with the signature of all the ministers, issue decrees with the force of law, slated exclusively to check the crisis and halt the extension of its effects. these decrees may refer to matters that have direct and specific connection with the state of emergency and may, in a provisional manner, establish new taxes or amend existing ones. in these latter cases, the measures shall stop being in effect at the end of the subsequent fiscal year, except when congress, during the subsequent year, should grant them permanent character. in the decree declaring the state of emergency, the government shall stipulate the deadline within which it would use its extraordinary powers in situations referred to in this article and shall convene congress if the latter should not be met within the 10 days following the expiration of the said deadline. the congress shall examine for a period of up to 30 days, extendable by agreement of the two houses, the report with explanations presented to it by the government on the causes justifying the state of emergency and the measures adopted and shall make an express pronouncement on the convenience and appropriateness of same. during the year subsequent to the declaration of emergency, congress may repeal, amend, or add to the decrees to which this article refers in areas that ordinarily fall under the government’s jurisdiction. in connection with those that fall under the jurisdiction of its members, congress may exercise said powers at all times. if it is not convened, congress shall meet in its own right under the conditions and for the purposes provided for in this article. the president of the republic and the ministers shall be responsible when they declare a state of emergency without there being present any of the circumstances provided for in the first clause and shall also be responsible for any abuse committed in the exercise of the powers which the constitution assigns to the government during an emergency. the government may not infringe on the social rights of workers through the decrees mentioned in this article. paragraph the government shall send to the constitutional court on the day following their promulgation the legislative decrees issued under the powers mentioned in this article so that the court may determine their constitutionality. should the government fail to fulfill its obligation to transmit them, the constitutional court shall automatically and immediately take cognizance of the same. chapter vii. on the public force article 216 the public force shall consist of the armed forces and the national police, exclusively. all colombian citizens are obliged to take up arms when the public need mandates it in order to defend national independence and the public institutions. an act shall determine the conditions which at all times qualify an individual for exemption from military service and the benefits for service in them. article 217 the nation shall maintain for its defense the permanent armed forces made up of the army, navy, and air force. the armed forces shall have as their primary purpose the defense of the sovereignty, independence, and integrity of the national territory and of the constitutional order. an act shall determine the system of replacements in the armed forces as well as the promotions, rights, and obligations of its members and the special career, benefits, and disciplinary regime that pertain to them. article 218 an act shall determine the organization of the police corps. the national police is a permanent armed body of a civilian nature responsible to the national community and whose primary purpose is the maintenance of the conditions necessary for the exercise of public rights and freedoms and to insure that the inhabitants of colombia may live together in peace. an act shall determine the career, benefits, and disciplinary regime that pertain to it. article 219 the public force is not deliberative: it shall not be able to assemble except by order of the legitimate authority nor direct petitions except on matters connected with the service and morale of the respective corps and in accordance with an act. the members of the public force may not exercise their right to vote while they are on active service nor take part in activities or debates of parties or political movements. article 220 the members of the public force may not be deprived of their ranks, awards, or pensions except in the cases and in the manner determined by an act. article 221 the punishable conduct committed by the members of the public force in active service, and in relation to the same service, will confront the martial courts and the military courts, according to the provisions of the military penal code. such courts or tribunals will be composed of members of the public force in active or retired service. for the investigation and judgment of punishable conducts committed by members of the public force, when related to an armed conflict or a confrontation that meets the objective conditions of international humanitarian law, the norms and principles of international humanitarian law will be applied. judges and prosecutors of ordinary justice and of the military or police justice system that know about the misconducts of the members of the public force must have appropriate training and knowledge about the international humanitarian law. the military penal or police justice will be independent of the public force. article 222 an act shall determine the system of professional, cultural, and social development of the members of the public force. during their training, the members shall be taught the fundamentals of democracy and human rights. article 223 the government alone may make available and manufacture weapons, ammunitions, and explosives. no one may possess them or carry them without permission from the competent authority. this permit may not apply to cases of contests at political rallies, elections, or sessions of public groups or assemblies, whether individuals are active there or attend them. the members of the national security organs and other official armed bodies of a permanent character created or authorized by an act, may carry arms under the control of the government, in accordance with the principles and procedures that the former stipulates. chapter viii. on international relations article 224 in order to be valid, treaties shall be approved by congress. however, the president of the republic may give temporary effect to treaties of an economic or commercial nature agreed upon in the context of international organizations which so provide. in such a case, as soon as a treaty enters into force provisionally, it shall be sent to congress for its approval. if congress does not approve the treaty, its application shall be suspended. article 225 the advisory committee on foreign relations, whose makeup shall be determined by statute, is a consultative body of the president of the republic. article 226 the state shall promote the internationalization of political, economic, social, and ecological relations on the basis of fairness, reciprocity, and the national interest. article 227 the state shall promote economic, social, and political integration with other nations and especially with the countries of latin america and the caribbean by means of treaties which, on the basis of fairness, equality, and reciprocity, create supranational organizations even to the point of constituting a latin american community of nations. an act may call for direct elections for the formation of the andean parliament and the latin american parliament. title viii. on the judicial branch chapter i. general provisions article 228 the administration of justice is a public function. its decisions are independent. its proceedings shall be public and permanent with the exceptions established by statute, and substantive law shall prevail in them. legal limits shall be diligently observed and failure to apply them shall be sanctioned. the functioning of the judiciary shall be decentralized and autonomous. article 229 the right of any individual to have access to the administration of justice is guaranteed. an act shall stipulate in which cases this may be done without the representation of counsel. article 230 in their decisions, the judges are bound exclusively by the rule of law. fairness, jurisprudence, and the general principles of law and doctrine are the auxiliary criteria of judicial proceedings. article 231 the magistrates of the supreme court of justice and the council of state will be elected with their respective body, with prior public call, from a list of ten eligible people sent by the judicial government council after a public call was made according to the law and by the administration of the judicial branch. in the set of selection processes for the magistrate of the supreme court of justice and the council of state the equilibrium criteria will be followed among those people that come from professional practice, from the judicial branch, and from academia. the supreme court of justice and the council of state will determine the voting formula and the time period in which they should elect the magistrates that form part of that body. article 232 in order to be a judge of the constitutional court, the supreme court of justice, or the council of state, the following requirements must be met: to be colombian by birth and a citizen in good standing. to be a lawyer. not to have been charged by a court sentence to imprisonment, except for political or similar crimes. having worked, during fifteen years, in positions within the judicial branch or the public ministry, or having exercised, with good record, during the same period, the profession of attorney or an academic position in a university in judicial disciplines in officially known institutions. for the rank of magistrates of the supreme court of justice and the council of state, the academic position in the university should be in a judicial discipline related with the area of expertise of the magistrate office. paragraph in order to be a judge of these courts it shall not be necessary to be engaged in a legal career. article 233 the judges of the constitutional court, the supreme court of justice, and of the council of state shall be elected for a period of eight years. they cannot be re-elected and shall remain in office as long as they display good behavior, perform satisfactorily and have not reached the age of mandatory retirement. chapter ii. on ordinary jurisdiction article 234 the supreme court of justice is the highest court of ordinary jurisdiction and shall comprise an uneven number of judges determined by an act. the latter shall divide the court into houses, shall assign to each of them the matters that it has to take cognizance of separately, and determine those matters that must be heard by the entire bench. article 235 the supreme court of justice has the following powers: to act as a court of cassation. to judge the president of the republic or whoever replaces him/her and the senior officials covered by article 174 for any punishable deed imputed to them, in accordance with article 175, paragraphs 2 and 3. to investigate and try members of the congress. judge, with prior indictment from the attorney general of the nation, the deputy attorney general of the nation, or its delegates from district attorney units before the supreme court of justice, the vice president of the republic, the ministers of the cabinet, the general prosecutor of the nation, the ombudsman, the agents of the public ministry before the court, and the council of state and before the tribunals; the directors of the administrative departments, the controller general of the republic, the ambassadors and the chiefs of diplomatic or consular missions, the governors, the magistrate of tribunals, and the generals and admirals of the public force, for punishable acts that are imputed. to take cognizance of all contentious issues of diplomatic personnel accredited before the national government in cases provided by international law. to draft its own rules of procedure. to exercise other powers stipulated by an act. paragraph when the officials mentioned above have ceased holding office, these provisions shall apply only for punishable offenses related to the functions that they used to exercise. chapter iii. on contentious administrative jurisdiction article 236 the council of state shall be composed of an uneven number of judges determined by statute. the council shall be broken down into houses and sections to separate its jurisdictional functions from the others assigned to it by the constitution and the statute. an act shall stipulate the functions of each of the houses and sections, the number of judges that comprises them, and their internal organization. article 237 the powers of the council of state are as follows: to exercise the functions of supreme contentious administrative court in accordance with the rules stipulated by an act. to take cognizance of invalid decrees issued by the national government and held unconstitutional by the constitutional court. to act as the supreme consultative body of the government in matters of administration, whose opinion must mandatorily be heard in all cases determined by the constitution and the statutes. in cases of the transit of foreign troops across colombia’s national territory, the stationing or transit of foreign warships or aircraft in the waters or territory or airspace of the nation, the government must first seek the opinion of the council of state. to prepare and present proposals amending the constitution and other bills. to take cognizance of cases regarding the loss of the investiture of congressmen in accordance with the constitution and statute. to draft its own rules of procedure and exercise other functions determined by an act. to rule on petitions for the annulment of elections subject to the rules of competence established by statute. transitional paragraph it is a condition for the admissibility of electoral disputes directed against the act of popular election which are based on causes for annulment due to irregularities in the voting process and the counting of the votes before the administrative jurisdiction that they are submitted to the review of the competent administrative authority headed by the national election commission before the proclamation of the election results article 238 the jurisdiction of the contentious administrative apparatus may temporarily be suspended for the causes, and following the requirements, established by statute because of the effects of administrative measures that may be subject to challenge by the judiciary. chapter iv. on constitutional jurisdiction article 239 the constitutional court shall be composed of an uneven number of members determined by statute. the makeup of the court shall take into account the need to select judges belonging to various specialised jurisdictions. the judges of the constitutional court shall be elected by the senate of the republic for single terms of eight years from lists presented to it by the president of the republic, the supreme court of justice, and the council of state. the judges of the constitutional court are not eligible for reelection. article 240 those who, during the year previous to the election, had exercised the functions of cabinet minister or judges of the supreme court of justice or of the council of state are not eligible for election. article 241 the safeguarding of the integrity and supremacy of the constitution is entrusted to the constitutional court in the strict and precise terms of this article. for such a purpose, it shall fulfill the following functions: decide on the petitions of unconstitutionality brought by citizens against measures amending the constitution, no matter what their origin, exclusively for errors of procedure in their formation. decide, prior to a popular expression of opinion, on the constitutionality of the call for a referendum or a constituent assembly to amend the constitution, exclusively for errors of procedure in their formation. decide on the constitutionality of referendums about laws and popular consultations and plebiscites of a national scope, in case of these last ones exclusively for errors of procedure in their convocation and implementation. decide on the petitions of unconstitutionality brought by citizens against statutes, both for their substantive content as well as for errors of procedure in their formation. decide on the petitions of unconstitutionality brought by citizens against decrees with the force of law issued by the government on the basis of article 150, numeral 10, and article 341 of the constitution for their substantive content as well as for errors of procedure in their formation. decide on the exceptions provided for in article 137 of the constitution. decide definitively on the constitutionality of the legislative decrees issued by the government on the basis of articles 212, 213, and 215 of the constitution. decide definitively on the constitutionality of the bills opposed by the government as unconstitutional and of proposed statutory bills, both on account of their substantive content as well as for errors of procedure in their formation. revise, in the form determined by statute, the judicial decisions connected with the protection of constitutional rights. to take a final decision on the execution of international treaties and the statutes approving them. to this end, the government shall submit them to the court within six days following the adoption of the ratifying statute. any citizen may intervene to defend or challenge their constitutionality. should the court declare them constitutional, the government may proceed to the exchange of notes; in the contrary case they shall not be ratified. when one or several provisions of a multilateral treaty are declared unenforceable by the constitutional court, the president of the republic may declare consent, formulating the pertinent reservation. resolve the conflicts and competences that occur between the different jurisdictions. enact its own regulations. paragraph when the court finds an amendable error in the procedures of formation subject to its control, it shall order their return to the authority which issued them so that, if possible, that authority should correct the observed flaw. once the error is corrected, it shall proceed to decide on the validity of the measure. article 242 the processes promoted before the constitutional court in the matters referred to on this score shall be regulated by an act in accordance with the following provisions: any citizen may implement the public actions provided in the preceding article and intervene as challenger or defender of the provisions submitted to control in processes promoted by others as well as in those cases where no public action has occurred. the general prosecutor of the nation shall intervene in all the processes. actions to correct errors in form lapse within a year starting from the publication of the said act. ordinarily, the court shall have 60 days to decide, and the general prosecutor of the nation 30 days within which to give his/her opinion. in the processes referred to in numeral 7 of the previous article, the ordinary deadlines shall be reduced to a third and the missing of the deadline shall constitute cause for a misdemeanor to be sanctioned according to statute. article 243 the decisions of the court while exercising legal checks bars double jeopardy. no authority may reproduce the substance of a juridical measure declared invalid for fundamental reasons while the provisions that served to challenge the ordinary provision and the constitution remain. article 244 the constitutional court shall notify the president of the republic or the president of congress, depending on the case, of the initiation of any process seeking to examine the constitutionality of provisions stipulated by them, respectively. such notification shall not delay the deadlines of the process. article 245 the government may not provide employment to the judges of the constitutional court during the period that they exercise their function or in the year following their retirement. chapter v. on special jurisdictions article 246 the authorities of the indigenous [indian] peoples may exercise their jurisdictional functions within their territorial jurisdiction in accordance with their own laws and procedures as long as these are not contrary to the constitution and the laws of the republic. an act shall establish the forms of coordination of this special jurisdiction with the national judicial system. article 247 an act may create justices of the peace entrusted with the equitable resolution of individual and community conflicts. it may also order that they be popularly elected. article 248 only sentences handed down definitively in judicial trials qualify as a criminal record or a violation in all legal matters. chapter vi. on the office of attorney general of the nation article 249 the office of the attorney general of the nation shall consist of the attorney general, his/her assistant attorneys, and other officials as determined by an act. the attorney general of the nation shall be elected for a period of four years by the supreme court of justice from a list originating with the president of the republic and is not eligible for re-election. the candidate shall have the same qualities required for a judge of the supreme court of justice. the office of the attorney general of the nation is part of the judicial branch and shall have administrative and budgetary autonomy. article 250 it is the responsibility of the office of the attorney general of the nation, in the discharge of its duties or following a denunciation, special petition or dispute, to bring criminal charges and to conduct the investigation of the facts which may constitute offenses, if there are sufficient reasons to assume the commission of an offense. excepted are the crimes committed by members of the public force in active service and related to the same service. for such a purpose, the office of the attorney general of the nation shall do the following: to request the judge responsible for the control of [the constitutional] guarantees to take the measures which ensure the appearance of the presumptive offenders of the penal law at the trial, the conservation of evidence and the protection of the community, and in particular of the victims. the judge responsible for the guarantees may be in no case the judge competent to try the matter. exceptionally, an act may authorize the office of attorney general of the nation to carry out administrative detentions. in these cases, the judge responsible for respect of the guarantees exercises his/her control within thirty-six (36) hours following the detention at the latest. to conduct searches, house visits, seizures and interceptions of communications. in such cases, the judge responsible for the control of guarantees carries out his/her subsequent control within thirty-six (36) hours at the latest. to take possession of the material elements of evidence, keeping them in custody while they are being refuted [by the accused]. when additional measures that imply the infringement of fundamental rights are required, the corresponding authorization must be obtained from the judge responsible for the control of guarantees in order to proceed. to present the indictment before the judge competent to try the matter with a view of initiating a public, oral, adversarial trial with immediacy of the evidence and all the other guarantees. to request the preclusion of investigations before the judge competent to try the case when there are no merits to the case. to request before the judge competent to the try the case the necessary judicial measures to assist the victims, and order the restoration of the law and the integral redress of those affected with the crime. to oversee the protection of victims, juries, witnesses, and all other intervening parties in the criminal procedure. an act shall determine the manner in which the victims may intervene in the criminal procedure and mechanisms of restorative justice. to manage and coordinate the functions of the judicial police which are permanently carried out by the national police and other organs that an act establishes. to comply with all other functions determined by an act. the attorney general and his/her deputies have competence in all the national territory. in the event an indictment is brought, the attorney general or his/her deputies shall provide, through the judge competent to try the matter, all the elements of proof and information he/she is aware of, including those favorable to the defendant. paragraph the office of the general prosecutor of the nation shall continue to perform, in the new system of inquiry, investigation and criminal judgment, the functions of article 277 of the national constitution. paragraph 2 depending on the character of the protected interest and the minor gravity of the punishable conduct, the legislature may authorize the victim or other authorities to bring criminal charges. in any case the action by the office of attorney general shall have priority. article 251 the following are special functions of the attorney general of the nation: to investigate and, if there are sufficient grounds, to bring charges, directly or through the deputy attorney general of the nation or his/her representatives from the investigation unit at the supreme court of justice, against senior officials who are subject to a trial determined by the constitution, with the exceptions provided in the constitution. to appoint and remove from office, in accordance with an act, employees under his/her control. to take charge directly of the investigations and procedures, whatever their stage may be, and freely assign and move his/her officials in the investigations and trials. likewise, by virtue of the principles of unitary management and of hierarchy, to determine the position and views that the office of attorney general should adopt, without prejudice to the position of the deputy prosecutors in the terms and conditions defined by an act. to participate in the planning of state policy in criminal matters and to present draft laws in that respect. to grant temporary powers to public entities that may accomplish functions of the judicial police under the responsibility and functional dependence of the office of the attorney general of the nation. to provide the government with information about the investigations that are being conducted when these are necessary for the preservation of the public order. article 252 even during states of exception pursuant to article 212 and 213 of the constitution, the government is barred from eliminating or modifying either the organizations or the basic functions of indictment and trial. article 253 an act shall determine matters relative to the structure and functioning of the office of the attorney general of the nation at entry and retirement from the service for those who are unqualified or have incompatibilities with respect to appointment, qualifications, compensation, social benefits, and discipline of the officials and workers under his/her authority. chapter vii. government and administration of the judicial branch article 254 the government and administration of the judicial branch will be the responsiblity of the judicial government council and the administration of the judicial branch. these organs will carry out the functions that are attributed by law with the objective to promote the access to justice, the efficiency of the judicial branch, the effective judicial protection, and judicial independence. the judicial government council is the organ in charge of defining the policies of the judicial branch according to the law and to postulate the lists and shortlists of candidates that the constitution orders. also, it corresponds to the judicial government council to regulate all the judicial and administrative proceedings in the judicial offices, for the aspects not anticipated by the legislator; issue the regulations of the system of judicial career and the commission of judicial career, which will serve to oversee and control the career; approve the budget of the judicial branch to be sent to the government; approve the judicial map; define the organic structure of the administration of the judicial branch; supervise this entity, and provide reports about its performance to the congress of the republic. the judicial government council will be composed of nine members: the presidents of the constitutional court, the supreme court of justice, and the council of state; the manager of the judicial branch, which must be a professional with twenty years of experience, of which ten years must be in the administration companies and public institutions, and must be nominated by the judicial government council for a period of four years; a representative of the magistrates of the tribunals and of the judges, elected by them for a period of four years; a representative of the employees of the judicial branch elected by them for a period of four years; three permanent members in exclusive dedication, named by the rest of the members of the judicial government council, for a period of four years. none of the members of the judicial government council can be reelected. the permanent members in exclusive dedication mentioned in the previous paragraph will be in charge of strategic planning of the judicial branch and of proposing the judicial government council, for its approval, the public policies of the judicial branch. they should have ten years of experience in the design, evaluation, and monitoring of public policies, administration models or public administration. in its election they must assure the diversity of academic and professional profiles. statutory law can determine the specific subjects for which the ministers of cabinet, the directors of administrative departments, the attorney general of the nation, as well as representatives of academics and practicing lawyers will participate in the meetings of the judicial government council. article 255 the manager of the judicial branch is an organ that is subordinated to the judicial government council and will be organized according to the principle of territorial decentralization. the manager of the judicial branch is responsible for executing the decisions of the judicial government council, provide administrative and logistical support to this organ, administer the judicial branch, draft for the approval of the judicial government council the budget that will be submitted to the government, and execute it in conformity with the approvals of congress, make the plans and programs for their approval to the judicial government council, formulate the administration models and implement the procedural models in the national territory, administer the judicial career, organize the commission of the judicial career, administer the competitions and oversee the performance of functionaries and offices. the manager of the judicial branch will be the legal representative of the judicial branch. the manager will carry out other functions that are attributed by law. article 256 [abolished by legislative act no. 2 of 2015] article 257 the national commission of judicial discipline will exercise the jurisdictional disciplinary function over the functionaries and employees of the judicial branch. it will be composed of seven magistrates, four of which will be elected by congress in plenary session on the basis of short-lists sent by the judicial government council with prior structured public call undertaken by the management of the judicial branch, and three of which will be elected by the congress in plenary session on the basis of short-lists sent by the president of the republic with a prior structured public call. they will have personal periods of eight years, and they should meet the same requirements for the magistrates of the supreme court of justice. the magistrates of the national commission for judicial discipline cannot be reelected. there can be sectional commission of judicial discipline established as the law mandates. the national commission of judicial discipline will be in charge of examining the conduct and punishing the offences of the attorneys practicing their profession, in the instances that the law indicated, except when this function is attributed to a board of lawyers by law. paragraph the national commission of disciplinary justice and the sectional commission of disciplinary justice will not be competent to hear actions of tutela. transitional paragraph 1 the magistrates of the national commission of disciplinary justice should be elected within the following year counted from the entry into force of this legislative act. once taken office, the national commission of disciplinary justice will take over the disciplinary proceedings of the jurisdictional disciplinary chamber of the supreme council of the judicature. the current magistrates of the jurisdictional disciplinary chamber of the supreme council of the judicature will exerciser their functions until the day that the members of the national commission of judicial discipline take office. the disciplinary chamber of the sectional judicial councils will be transformed into sectional commissions of judicial discipline. it will be guaranteed the rights of career of the magistrates and employees of the disciplinary chambers of the sectional councils of the judiciary, who will continue knowing about the processes in their charge, without solution to continuity. title ix. on elections and the electoral system chapter i. on the suffrage and elections article 258 voting is both a right and a duty of citizens. the state shall make sure that it is exercised without any type of coercion and in a secret manner in individual booths installed in every polling station, the use of electronic and computerized means of voting notwithstanding. in the elections of candidates ballot cards which are numbered and printed on a paper offering sufficient security guarantees may be used, and shall be distributed officially. the election commission shall also provide the voters with ballot papers on which the political movements and parties with legal personality and the candidates shall appear clearly identified and in equal conditions. an act may establish voting mechanisms which provide additional and better guarantees for the free exercise of this right of the citizens. paragraph 1 the voting process for the election of members of a public body, governor, mayor or the first round of the presidential election must be repeated one single time when the blank votes constitute the majority of the total number of valid votes. in elections in which a single candidate is to be elected, the candidates of the first ballot may not run again, whereas in elections to public bodies the lists which have not attained the threshold may not be submitted. paragraph 2 the electronic vote may be introduced in order to achieve flexibility and transparency in all voting processes. article 259 those who elect governors and mayors mandate on the elected official the program that he/she presented on registering as a candidate. an act shall regulate the exercise of the programmatic vote. article 260 the citizens elect in a direct manner the president and vice president of the republic, senators, representatives, governors, deputies, mayors, municipal and district councilors, members of the local administrative boards and, when necessary, the members of the constituent assembly and the other authorities or officials stipulated by statute. article 261 the election of the president and vice president may not overlap other elections. that of congress shall be carried out on a date separate from the election of departmental and municipal officials. article 262 the political parties, movements, and significant groups of citizens that decide to participate in processes of popular election, will register candidates and unique listings, the number of members will not exceed that of seats in the legislature or offices to promote the respective constituency, except in those that elect up to two members, which can be composed of up to three (3) candidates. the selection of candidates of political parties and movements with legal capacity will be made according to the mechanisms of internal democracy, following the provisions of the law and statutes. in the process of making lists, all must observe in a progressive manner, among others, the principles of parity, alternation, and universality, according to the provisions of law. each political party and movement can opt for the mechanisms of preferential voting. in such a case, the elector can indicate the candidate of preference among members of the list that appear in the electoral ticket. the list will be reordered according to the quantity of votes gathered by each of the candidates. the allocation of seats among the members of the respective lists will be made accordingly in descending order starting with the candidate that obtains the greatest number of preferential votes. in the case of political parties and political movements that chose the mechanism of preferential vote, the votes for the political party or movement that were not attributed by the elector to any particular candidate, will be counted in favor of the respective list to apply the norms about threshold and electoral quotient, but it will not be considered for the re-organization of the list. when the elector votes simultaneously for the political party or movement and for the candidate of its preference within the corresponding list, the vote will be valid and will be considered in favor of the candidate. the law will regulate the principal means of financing campaigns, the mechanisms of internal democracy in the party, the inscription of candidates and own lists or the coalition in uninominal positions or public institutions, the administration of resources and the protection of rights of the candidates. the political parties and movements with legal capacity that together obtain an amount of votes of up to fifteen percent (15 %) of the valid votes within the respective constituency, can present the list of candidates in a coalition for public institutions. article 263 to guarantee the fair representation of the political parties and movements and significant groups of citizens, the seats of the public bodies will be distributed according to the system of electoral quotient among the list of candidates that reach a minimum of votes that cannot be inferior to three percent (3%) of the valid votes for senate of the republic or fifty percent (50%) of the electoral quotient in the case of the other bodies, according to the provisions of the constitution and the law. the electoral quotient comes from successively dividing by one, two, three, or more, the number of votes for each list ordering the outcomes in a decreasing fashion until there is a total number of results equal to the number of seats to fill. the lowest result is called the electoral quotient. each list will obtain as many seats as the times that contains the electoral quotient in their total votes. in the constituencies where two members are elected, the system of electoral quotient will be applied among the lists that exceed in votes 30% of said quotient. in the constituencies where a member is elected, the seat will be granted to the majoritarian list. when none of the lists reach the threshold, the seats will be distributed among those that are registered, according to the regulations on allocation that correspond. chapter ii. on the electoral authorities article 264 the national election commission shall be composed of nine (9) members elected by the congress of the republic in plenary session for an institutional period of four (4) years, in accordance with the system of the distributing number and on the basis of proposals submitted by the political parties or movements with legal personality or by coalitions formed between them. its members shall be civil servants exclusively dedicated to the duties of their office, shall have the same qualifications, disabilities, incompatibilities, and rights as the magistrates of the supreme court of justice. paragraph the contentious administrative jurisdiction shall decide the electoral nullity action within the maximum period of one (1) year. if in accordance with an act there is only one court instance, the period for the decision may not exceed six (6) months. article 265 the national election commission shall regulate, inspect, supervise and control any electoral activity of the political parties and movements, the relevant citizen groups, their legal representatives, leadership and candidates, ensuring compliance with the principles and obligations which apply to them. it shall have the following special powers: to exercise the supreme inspection, oversight and control of the electoral organization. to introduce the national registrar of the civil status into his/her office. to examine and take the final decision on applications brought against the decisions of its delegates concerning general ballots and to declare the results of the elections and issue the corresponding certifications in these cases. in addition, to review, of its own initiative or upon application, ballots and the electoral documents pertaining to them in each of the different stage of the administrative procedure of the election with the goal of guaranteeing the truthfulness of the election results. to serve as consultative body of the government on matters within its competence, to propose constitutional reform and ordinary bills, and to recommend draft decrees. to oversee compliance with the rules concerning political parties and movements and with the provisions regarding publicity and political opinion polls; the rights of the opposition and minorities; and the development of the electoral processes in the conditions of comprehensive guarantees. to distribute the subsidies which an act establishes for the funding of electoral campaigns and the safeguarding of the right of political participation of the citizens. to count the votes in all national elections, to declare the results of the election, and to issue the certifications as appropriate. to grant and to revoke the legal personality of the political parties and movements. to regulate the participation of the political parties and movements in the social communications media of the state. to cooperate in the realization of internal polls of the parties and movements for the taking of decisions and the selection of their candidates. to decide on the removal of candidates to public bodies or popularly elected office from the electoral list where full evidence exists that they are disqualified from public office for one of the causes recognized by the constitution or statute. to draft its own rules of procedure. other powers that an act may confer upon it. article 266 the national registrar of the civil status shall be chosen by the presidents of the constitutional court, the supreme court of justice, and the council of state in a merits-based contest organized in accordance with the relevant statute. the term of office shall be four (4) years. the registrar must possess the same qualities that the political constitution requires in the case of the magistrates of the supreme court of justice, and must not have exercised functions in the executive committees of political parties or movements in the year immediately preceding his/her election. he/she shall exercise the functions determined by an act, including the direction and organization of the elections, the civil registry and the identification of persons, and shall conclude contracts in the name of the nation in the cases provided by statute. the national registry office shall be staffed by civil servants pursuing a special administrative career which may be entered only by means of a merits-based contest and which provides for a flexible retirement in accordance with service needs. in all cases, positions involving administrative or electoral responsibilities are subject to the principle of free removal, in accordance with the relevant statute. transitional paragraph the term of the current members of the national election commission and the national registrar of civil status shall continue until the year 2006. the following election for any of these positions shall take place in accordance with the provisions of the present legislative act. title x. on the control organisms chapter i. on the office of controller general of the republic article 267 fiscal control is a public function to be exercised by the office of the controller general of the republic, which oversees the fiscal management of the administration and of individuals or entities that manage funds or assets of the nation. control shall be exercised in subsequent and selective form according to the procedures, systems, and principles established by statute. however, an act may authorize, in special cases, oversight be performed by colombian private enterprises selected on the basis of public competition according to merit and contracted in accordance with the opinion of the council of state. oversight of the fiscal management of the state includes exercising financial control, management, and performance, based on efficiency, economy, equality, and appraising the environmental costs. in exceptional cases as specified by statute, the office of the controller general may exercise subsequent control over the accounts of any territorial entity. the office of the controller is an entity of a technical nature with administrative and budgetary autonomy. it does not have administrative functions other than those inherent in its own organization. the controller will be elected by the congress in plenary session, by an absolute majority, during the first month of sessions for a period equal to that of the president of the republic, from a list chosen according to a public call on the basis of the provisions of article 126 of the constitution and cannot be reelected or continue in exercising functions at the end of the term. only congress can accept a resignation made by the controller and provide for the absolute or temporary gaps of the office. to be elected controller general of the republic, it is required that one be colombian by birth and hold active citizenship, be more than 35 years of age; and have a university degree or have been a university professor for at least 5 years; and to demonstrate additional qualities required by statute. a person may not be elected controller general if he/she is or has been a member of congress or has occupied any public office at a national level, except for teaching, during the year immediately preceding the election. neither may he/she be elected if he/she has been sentenced to imprisonment for common offenses. in no case may anyone intervene in the vetting of candidates or the election of controller general who is kin to the candidates to the fourth level of consanguinity, the second level of affinity or the first civil or legal level. article 268 the controller general of the republic has the following powers: to prescribe the methods and form for those responsible for managing funds or assets of the nation to render accounts; to establish criteria for financial and operational evaluation and the evaluation of the results which have to be followed. to review and close the accounts that must be kept by those responsible for public funds and to determine how efficiently, effectively, and economically they have worked. to keep a record of the public debt of the nation and of its territorial entities. to require reports on their fiscal management from official employees at any level and from any person or public or private entity that administers the funds or assets of the nation. to establish responsibility derived from fiscal management, to impose financial sanctions as the case may be, to collect their sum, and to exercise coercive jurisdiction over the balances deducted therefrom. to establish the quality and efficiency of internal fiscal control of the entities and organs of the state. to present to the congress of the republic an annual report on the state of natural resources and of the environment. to initiate before the competent authorities, providing respective evidence, penal or disciplinary investigations against anyone who has harmed the patrimonial interests of the state. under its responsibility, the office of the controller may demand, having learned the truth and acted in good faith, the immediate suspension of officials while investigations or appropriate penal or disciplinary proceedings are being completed. to present government bills concerning the system of fiscal control and the organization and functioning of the office of the controller general. to fill jobs on his/her staff that have been created by an act, through public competition. an act shall establish a special system of administrative careers through the selection, promotion and retirement of officials of the office of the controller. those who form part of the bodies that are involved in the application and election of the controller are prohibited from providing personal and political recommendations for jobs in his/her office. to present information to congress and to the president of the republic concerning the carrying out of his/her functions and certification concerning the situation of the finances of the state, in accordance with an act. to issue general rules for harmonizing the systems of fiscal control of all public entities at national and territorial levels. other matters as specified by statute. to present to the house of representatives the general audit of the budget and of the treasury and to certify the balance in the public exchequer presented to congress by the controller general. article 269 in the public entities, the appropriate authorities are obliged to plan and implement projects, depending on the nature of their functions, methods, and procedures of internal control, in accordance with the provisions of the relevant statute which may stipulate exceptions and authorize the contracting for said services with private colombian enterprises. article 270 an act shall organize the forms and systems of citizen participation making it possible to oversee the public management completed at the various administrative levels and their results. article 271 the results of the preliminary inquiries undertaken by the office of the controller shall count as evidence before the office of the attorney general of the nation and the competent judge. article 272 the oversight of the fiscal administration of the departments, districts, and municipalities where there exist controller’s offices are the jurisdiction thereof and shall be exercised in subsequent and selective form. the oversight of municipalities is incumbent on the departmental controller’s offices, except for what an act stipulates concerning the municipal controller’s offices. it is the responsibility of the assemblies and of the district and municipal councils to organize the respective controller’s offices as technical entities endowed with administrative and budgetary autonomy. the controllers of departments, districts, and municipalities will be elected by the departmental assemblies, municipal and district councils, through public call made according to the law, following the principles of transparency, publicity, objectivity, citizen participation, and equality of gender, for a period equal to that of the governor or mayor, according to each case. no controller may be reelected for the period immediately following his/her term. departmental, district, and municipal controllers shall exercise, within the scope of their jurisdiction, the functions assigned to the controller general of the republic in article 268 and may, based on authorization by statute, contract with private colombian enterprises for the exercise of fiscal oversight. in order to be elected departmental, district, or municipal controller, the candidate must be colombian by birth, a citizen in good standing, be over 25 years old, hold a university degree, and have the other qualifications stipulated by statute. whoever is or was in the prior year member of the assembly or council that must make the election cannot be elected, nor whoever occupied the public office at the executive level in the department, district, or municipality. whoever has occupied the position of departmental, district, or municipal controller may not hold any official position in the same department, district, or municipality, nor be registered as a candidate for popularly-elected office except a year after termination of his/her previous functions. article 273 at the request of any of the proponents, the controller general of the republic and other competent authorities of fiscal control shall order that any award of a bid be conferred in public. the cases in which the mechanism of public awards are made and the manner in which the proposals and the conditions under which they are realized shall be stipulated by statute. article 274 the oversight of the fiscal management of the office of the controller of the republic shall be exercised by an auditor elected for terms of two years by the council of state from a list originating from the supreme court of justice. an act shall determine the manner of exercising said oversight at the departmental, district, and municipal level. chapter ii. on the public ministry article 275 the general prosecutor of the nation is the supreme director of the public ministry. article 276 the general prosecutor of the republic shall be elected by the senate for a period of four years from a list made up of candidates selected by the president of the republic, the supreme court of justice, and the council of state. article 277 the general prosecutor of the nation, by himself/herself or through his/her delegates and agents, shall have the following functions: to oversee the execution of the constitution, the statutes, judicial decisions, and administrative decrees. to protect human rights and insure their effectiveness, with the assistance of the ombudsman. to defend the interests of society. to defend the collective interests, especially the environment. to oversee the diligent and efficient exercise of administrative functions. to oversee at the highest level the official conduct of those who hold public office, including those popularly elected; exercise on a preferential basis the disciplinary authority; initiate the appropriate investigations and impose the appropriate sanctions in accordance with the relevant statute. to intervene in the processes and before the judicial or administrative authorities when it becomes necessary to defend the legal order, the public domain, or fundamental rights and guaranties. to provide an annual report of his/her administration to congress. to demand from public officials and individuals the information that he/she considers necessary. other matters stipulated by statute. for the exercise of its functions, the office of the public prosecutor shall have powers of judicial policy and shall be authorized to take the measures that it considers necessary. article 278 the general prosecutor of the nation shall exercise the following functions directly: discharge from office, following a hearing and on the basis of justified reasons, any public officials who are guilty of any of the following deficiencies: violating the constitution or the laws in an obvious manner; deriving obvious and profitable material advantage from the exercise of their duties or functions; impeding in serious manner investigations carried out by the office of the public prosecutor or by an administrative or juridical authority; performing with obvious carelessness the investigation and sanctioning of the disciplinary deficiencies of employees under their authority or in the denunciation of punishable occurrences that they have cognizance of by virtue of exercising their office. issue proposals in the disciplinary processes pressed against officials subject to special statutes. present government bills relating to matters under his/her jurisdiction. exhort congress to pass laws that insure the promotion, exercise, and protection of human rights and demand their execution from the competent authorities. make proposals concerning the processes of constitutional control. appoint and remove, in accordance with an act, officials and employees under his/her jurisdiction. article 279 an act shall determine matters relative to the structure and functioning of the office of the general prosecutor of the nation, shall regulate matters relating to the employment and competitive examinations and to retirement from the service, to disqualifications and incompatibilities, designation, qualifications, compensation, and the disciplinary regime of all the officials and employees of said organization. article 280 the agents of the public ministry shall have the same qualifications, classification, compensation, rights, and benefits as the magistrates and judges of the hierarchy before whom they exercise their responsibility. article 281 the ombudsman will carry out functions in an autonomous manner. the officeholder will be elected by the house of representatives for an institutional period of four years from a short-list created by the president of the republic. article 282 the ombudsman shall oversee the promotion, exercise, and publicizing of human rights for which purpose he/she shall exercise the following functions: guiding and instructing the inhabitants of the national territory and colombians abroad in the exercise and defense of their rights before the competent authorities or private entities. publicizing human rights and recommending policies for making them known. invoking the right of habeas corpus and engaging in protective action without prejudice to the right of interested parties. organizing and directing the public defense counsel in the conditions stipulated by statute. mediating popular measures in matters falling under his/her jurisdiction. presenting proposed bills on matters falling under his/her jurisdiction. making reports to congress on the exercise of his/her functions. other matters stipulated by statute. article 283 the law will determine issues related to the organization and functioning of the ombudsman as an autonomous body, administratively and financially. article 284 except in the cases provided in the constitution and the statute, the general prosecutor of the nation and ombudsman shall be able to request from the authorities the information necessary for the exercise of their functions without any objection possible on any grounds. title xi. on the territorial organization chapter i. general provisions article 285 outside of the general division of the territory, there shall be divisions determined by statute for the exercise of the functions and services for which the state is responsible. article 286 departments, districts, municipalities, and indigenous reservations are territorial entities. an act may grant the status of territorial entities to the regions and provinces that are formed under the terms of the constitution and the relevant statute. article 287 territorial entities enjoy autonomy for the management of their interests within the limits of the constitution and the relevant statute. by virtue of this they shall have the following rights: to govern themselves under their own authorities. to exercise the jurisdictions appropriate to them. to administer their resources and establish the taxes necessary for the exercise of their functions. to participate in national revenues. article 288 the institutional act on territorial organization shall establish the distribution of powers between the nation and the territorial entities. the powers assigned to the various territorial levels shall be exercised in accordance with the principles of coordination, competition, and subsidiarity under the terms stipulated by statute. article 289 under the authority of an act, the departments and municipalities located in border areas may promote directly with the territorial entity bordering on the neighboring country on a level of equality, cooperation, and integration, programs whose purpose is to promote community development, the lending of public services, and the protection of the environment. article 290 with the execution of the requirements and formalities stipulated by statute, and in the cases determined therefrom, the periodic review of the borders of territorial entities shall be effected and the official map of the republic shall be published. article 291 the members of the public associations of territorial entities may not accept any position in the public administration if doing so would make them lose their investiture. the controllers and agents may be involved in the joint administrative boards and councils within which they operate in the respective territorial entities only when they are expressly invited for specific purposes. article 292 the deputies and councilors and their kin up to the degree stipulated by statute are prohibited from participating in executive boards of the decentralized entities of the respective department, district, or municipality. spouses or permanent companions of the deputies and councilors may not be designated officials of corresponding territorial entity if they are kin to the second level of consanguinity, first of affinity or merely civil. article 293 without prejudice to what is established in the constitution, an act shall determine the qualifications, disabilities, incompatibilities, date of possession, durations of sessions, absolute or temporary disqualifications, causes of expulsion, and forms of filling the vacancies of the citizens who may be elected by popular vote for the implementation of the public functions in the territorial entities. an act shall also stipulate the other necessary provisions for their election and performance of their functions. article 294 an act may not concede exemptions nor preferential treatment in relation to the property taxes of the territorial entities. nor may it impose surtaxes on top of taxes except as stipulated in article 317. article 295 the territorial entities may issue public notes and bonds of public debt, subject to the conditions of the financial market, and also to contract foreign credit, all of this in accordance with the act regulating the matter. article 296 for the preservation of the public order or for its restoration where it has been disturbed, the decrees and orders of the president of the republic shall be applied forthwith and preferentially over measures decreed by the governors; the decrees and orders of governors shall be applied in similar manner and with the same effects in relation to the measures of mayors. chapter ii. on the departmental regime article 297 the national congress may decree the formation of new departments as long as the requirements mandated in the institutional act of territorial planning are completed and once the procedures, studies, and popular consultation are verified. article 298 the departments enjoy autonomy for the administration of sectional matters as well as the planning and promotion of economic and social development within their territory and within the limits established by the constitution. the departments exercise administrative functions of coordination, dovetailing with municipal action, intermediation between the nation and the municipalities, and the lending of the services determined by the constitution and the relevant statutes. an act shall regulate matters connected with the exercise of the powers which the constitution grants the departments. article 299 in each department there shall be a popularly elected political-administrative body known as departmental assembly, which shall be composed of no fewer than eleven (11) nor more than thirty-one (31) members. this body shall enjoy administrative autonomy and have its own budget, and may exercise political control over the departmental administration. the regime of disqualifications and incompatibilities of the deputies shall be determined by statute. it may not be less strict than the one provided for with regard to members of congress for the corresponding matters. the term of the deputies shall be four years, and they shall have the status of civil servants. in order to be elected deputy a person has to be a citizen of full capacity, must not have been sentenced to imprisonment, except for political offenses or misdemeanors, and must have resided in the respective constituency in the year immediately prior to the election. the members of the departmental assembly shall have the right to allowances during the relevant sessions, and shall be provided with a regime of benefits and social security, in the terms established by statute. article 300 the departmental assemblies, by means of ordinances, exercise the following powers: to regulate the exercise of the functions and the provision of services for which the department is responsible. to enact the regulations connected with the planning, economic and social development, financial support of and borrowing to the municipalities, tourism, transportation, the environment, public works, means of communication, and development of their border areas. to adopt, in accordance with an act, the plans and programs of economic and social development and public works, with the determination of investments and means that are considered necessary to promote their execution and to secure their completion. to decree, in accordance with an act, the taxes and levies necessary for the execution of the departmental functions. to enact the organic rules on the departmental budget and the annual budget of revenues and expenditures. to create and eliminate, subject to the requirements stipulated by statute, municipalities, segregate or aggregate municipal territories, and organize provinces. to determine the structure of the departmental administration, the functions of their dependencies, the scales of remuneration appropriate to the various categories of employment; create the public institutions and industrial or commercial enterprises of the department, and authorize the formation of mixed [public-private] companies. to issue policy directives on any matter that is not regulated by statute. to authorize the governor of the department to make contracts, negotiate loans, transfer goods and exercise, temporarily, specific functions of those which correspond to the departmental assemblies. to regulate, concurrently with the municipality, the areas of sports, education, and public health within the limits determined by statute. to request reports on the exercise of their respective functions from the controller general of the department, the cabinet secretary, the chiefs of the administrative departments and the directors of the decentralized entities at the departmental level. to fulfill the other functions assigned to them by the constitution and the statute. the plans and programs of development and public works shall be coordinated and integrated with the municipal, regional, and national plans and programs. the ordinances referred to in subparagraphs 3, 5, and 7 of this article, those which decree investments, shares, or the transfer of departmental revenues and property, and those that create services for which the department is responsible or from whom the responsibility is transferred to may be enacted or amended only upon the initiative of the governor. to summon and invite the secretaries of the office of the governor to attend the sessions of the assembly. the summons must be made not less than five days prior to a session and be formulated in the form of a written questionnaire. in case the secretaries do not attend, without an excuse accepted by the assembly, the latter may table a motion of censure. the secretaries must be heard at the session for which they were summoned, without prejudice to the possibility that the discussion is continued at subsequent sessions following a decision of the assembly. the discussion may not extend to other issues than those in the questionnaire and shall be placed at the top of the session’s agenda. to table a motion of censure with respect to the secretaries of the office of the governor for matters related to their official functions, or for ignoring the requests or summons of the assembly. the motion of censure must be tabled by one third of the members who make up the assembly. the vote shall take place between the third and 10th day following the end of the discussion, with a public hearing of the respective official. approval of the motion shall require the affirmative vote of two-thirds of the members of the relevant body. once the motion is approved, the official shall be relieved of his/her functions. if it is voted down, no new motion of censure may be proposed on the same matter unless it is supported by new facts. the resignation of the official against which the censure motion has been tabled does not prevent the latter from being approved in accordance with the provisions of this article. article 301 an act shall stipulate the cases and the specific functions which the assemblies may delegate in the municipal councils. at any moment, the assemblies may reassume the exercise of the delegated functions. article 302 an act may establish for one or several departments various qualifications and jurisdictions of administrative and fiscal management different from those stipulated for them in the constitution, with attention to the need of improving the administration or lending of public services in accordance with their population, economic and natural resources, and social, cultural, and ecological circumstances. in order to elaborate on the above, an act may delegate to one or several departments the powers pertaining to national public organs or entities. article 303 in each of the departments there shall be a governor who shall be the head of the sectional administration and legal representative of the department; the governor shall be the agent of the president of the republic for the maintenance of the public order and for the execution of the general economic policy as well as for those matters which, through agreements, the nation agrees to delegate to the department. the governors shall be elected for periods of four years and may not be reelected for the subsequent term. an act shall determine the qualifications, requirements, disabilities, and incompatibilities of the governors; shall regulate their election; shall determine the cases in which they are permanently or temporarily prevented from discharge of their official duties, and regulate the manner in which the vacancy resulting in these cases is filled; and shall stipulate the other provisions necessary for the normal execution of their responsibilities. provided that the governor is permanently prevented from discharging the duties of his/her office for more than eighteen (18) months before the end of his/her term, a governor shall be elected for the remaining period. in case the end of the term is less than eighteen (18) months away, the president of the republic shall appoint a governor for the rest of the term, who must belong to the party, political group or coalition for which the elected governor had been registered. article 304 the president of the republic, in the restricted cases stipulated by an act, may suspend or remove governors from office. the regime of disabilities and incompatibilities applying to them shall be no less strict than that established for the president of the republic. article 305 the governor exercises the following powers: to execute the constitution and enforce it as well as the statutes, government decrees, and ordinances of the departmental assemblies. to direct and coordinate the department’s administrative actions and to act in its name as manager and promoter of the complete development of its territory, in accordance with the constitution and laws. to direct and coordinate national services as delegated to the governor by the president of the republic. to present to the departmental assembly in a timely manner proposals for ordinances regarding plans and programs of economic and social development, public works, and the annual budget of revenues and expenditures. to appoint and to remove freely managers or directors of public institutions and of industrial or commercial enterprises of the department. the representatives of the department on the executive boards of such entities and the directors or managers of same are agents of the governor. in accordance with general plans and programs, to encourage enterprises, industries, and activities which correspond to the cultural, social and economic development of the department and do not fall under the responsibility of the nation or the municipalities. to create, eliminate, and merge positions in the department’s dependencies, to define their special functions and to fix their remuneration subject to statute and the respective ordinances. he/she may not create obligations at the expense of the departmental treasury that exceed the global amount specified for the respective service in the budget as initially approved. to eliminate or merge departmental entities in accordance with ordinances. to veto on grounds of unconstitutionality, illegality, or unsuitability proposed ordinances, or to approve and promulgate them. to examine the acts of municipal councils and mayors and, on grounds of unconstitutionality or illegality, submit them to the competent tribunal so that it may decide on their validity. to see to the accurate collection of departmental revenues, revenues of the decentralized entities, and of those which may be the object of transfers by the nation. to convene the departmental assembly for special sessions in which it shall only consider the issues and matters for which it was summoned. to select from the lists submitted by the respective national head of administration the managers or sectional heads of public institutions at the national level which operate in the department, in accordance with the relevant statute. to exercise administrative functions that the president of the republic may delegate. other powers specified by the constitution, laws, and ordinances. article 306 two or more departments may organize themselves as administrative and planning regions with legal personality, autonomy, and their own resources. their principal purpose shall be the economic and social development of the respective territory. article 307 the respective institutional act, subject to the prior plan of the committee of territorial planning, shall establish the conditions to solicit the conversion of the region into a territorial entity. the decision taken by congress shall be submitted in each case to a referendum by the citizens of the departments concerned. the same law shall establish the powers, organs of administration, and resources of the regions and their participation in the handling of revenues originating from the national endowment fund. it shall also define the principles for the adoption of the special statute of each region. article 308 an act may limit the departmental appropriations earmarked for the honoraria of deputies and the operating expenses of the assemblies and departmental controllers’ offices. article 309 it shall be necessary to transform into a department the districts of arauca, casanare, putumayo, the archipelago of san andrés, providencia, and santa catalina and the police districts (comisarías) of amazonas, guaviare, guainia, vaupés, and vichada. the assets and rights which used to belong to the intendencies (intendencias) and police stations on any account shall continue being the property of the respective departments. article 310 the department of san andrés archipelago, providencia, and santa catalina shall be regulated, in addition to the provision in the constitution and the statutes for the other departments, by special provisions which in administrative, immigration, fiscal, foreign trade, exchange, financial, and economic development matters shall be established by the legislative. by means of a law approved by the majority of the members of each house, it shall be possible to limit the exercise of the rights of movement and residence, establish controls on the density of population, regulate the use of the land, and submit to special conditions the transfer of immovable property in order to protect the cultural identity of the native [indian] communities and preserve the environment and natural resources of the archipelago. through the creation of the municipalities that may occur, the departmental assembly shall guarantee the institutional expression of the original communities of san andrés. the municipality of providencia shall have a share of no less than twenty percent of the total value of said departmental revenues. chapter iii. on the municipal regime article 311 as the fundamental entity of the political-administrative division of the state, it is the responsibility of the municipality to lend those public services determined by statute, to build the projects required for local progress, to arrange for the development of its territory, to promote community participation, the social and cultural betterment of its inhabitants, and to execute the other functions assigned to it by the constitution and the statutes. article 312 in each municipality there shall be a political-administrative body popularly elected for periods of four years which shall be known as the municipal council, composed by no fewer than 7 and no more than 21 members, in accordance with the determination made by an act based on the respective population. this body may exercise political control over the municipal administration. an act shall determine the qualifications, disabilities, and incompatibilities of the councilors and the schedule of the ordinary sessions of the councils. the councilors shall not have the status of public employees. an act may determine the cases in which the councilors shall be entitled to allowances for their attendance at sessions. the acceptance of any public employment means that the respective councilor is prevented permanently from the discharge of his/her duties. article 313 the councils have the following competences: to regulate the functions and efficient delivery of the services for which the municipality is responsible. to adopt the appropriate plans and programs of economic and social development and of public works. to authorize the mayor to make contracts and exercise temporarily specific functions among those for which the council is responsible. to vote for taxes and local expenditures in accordance with the constitution and the relevant statute. to dictate the organic budgetary regulations and issue annually the budget of revenues and expenditures. to determine the structure of the municipal administration and the functions of their dependencies; the scales of remuneration appropriate to the various categories of employees; create at the initiative of the mayor public institutions and industrial or commercial enterprises and authorize the formation of mixed [public-private] companies. to regulate the uses of the land and, within the limits determined by statute, oversee and control the activities connected with the construction and sale of housing slated for residences. to elect a representative for the period determined by statute and the other functionaries that the latter stipulates. to dictate the regulations necessary for the control, preservation, and defense of the ecological and cultural patrimony of the municipality. other competences which the constitution or statutes assign them. to summon and invite the secretaries of the office of the mayor to attend the sessions of the council in the capitals of the departments and the municipalities with more than twenty-five thousand inhabitants. the summons must be made not less than five days prior to a session and be formulated in the form of a written questionnaire. in case the secretaries do not attend, without an excuse accepted by the district or municipal council, the latter may table a motion of censure. the secretaries must be heard at the session for which they were summoned, without prejudice to the possibility that the discussion continues at subsequent sessions following a decision of the council. the discussion may not extend to other issues than those in the questionnaire and shall be placed at the top of the session’s agenda. the councils of the other municipalities may summon and invite the secretaries of the office of the mayor to attend the sessions of the council. the summons must be made not less than five days prior to a session and be formulated in the form of a written questionnaire. in case the secretaries do not attend, without an excuse accepted by the district or municipal council, any of its members may table a motion with observations which may not lead to the resignation of the respective official. its approval shall require the affirmative vote of two-thirds of the members of the body. to table a motion of censure with respect to the secretaries of the office of the mayor for matters related to their official functions, or for ignoring the requests or summons of the district or municipal council. the motion of censure must be tabled by one half of the members of the district or municipal council plus one. the vote shall take place between the third and 10th day following the end of the discussion, with a public hearing of the respective official. approval of the motion shall require the affirmative vote of two-thirds of the members of the relevant body. once the motion is approved, the official shall be relieved of his/her functions. if it is voted down, no new motion of censure may be proposed on the same matter unless it is supported by new facts. the resignation of the official against which the censure motion has been tabled does not prevent the latter from being approved in accordance with the provisions of this article. article 314 in each municipality there shall be a mayor, head of the local administration and legal representative of the municipality, who shall be popularly-elected for institutional periods of four (4) years and may not be reelected for the subsequent period. when the mayor is permanently prevented from discharging the duties of his/her office for more than eighteen (18) months before the end of his/her term, a mayor shall be elected for the remaining period. in case the end of the term is less than eighteen (18) months away, the governor shall appoint a mayor for the rest of the term, who must belong to the party, political group or coalition for which the elected mayor had been registered. the president [of the republic] and the governors in the cases restrictively stipulated by an act may suspend mayors or remove them from office. an act shall establish the sanctions that apply for the improper exercise of that power. article 315 the following are powers of the mayor: to execute and to ensure the execution of the constitution, the statutes, the decrees of the government, the ordinances, and the resolutions of the council. to protect the public order in the municipality, in accordance with the law and the instructions and orders that the mayor may receive from the president of the republic and the respective governor. the mayor is the highest police authority of the municipality. the national police shall promptly and diligently execute the orders given to it by the mayor through the channel of the respective commander. to direct the administration of the municipality; secure the execution of the functions and the delivery of services for which the mayor is responsible; represent it in a judicial and extrajudicial capacity; and appoint and remove the officials under his/her jurisdiction as well as the managers or directors of the public institutions and the industrial or commercial enterprises of a local character, in accordance with the pertinent provisions. to eliminate or merge municipal entities and dependencies, in accordance with the respective resolutions. to present in timely manner to the council proposals concerning the plans and programs of economic and social development, public works, the annual budget of revenues and expenditures, and other measures that the mayor may find appropriate for the effective operation of the municipality. to sanction and promulgate the resolutions which the council may have approved and to veto those that he/she considers inappropriate or contrary to the legal regulations. to create, eliminate, or merge positions under the mayor’s jurisdiction, to stipulate the special functions and determine their emoluments in accordance with the relevant resolutions. the mayor may not create obligations that exceed the total amount allocated for personnel expenditures in the initially approved budget. to cooperate with the council for the effective execution of its functions, present to it general reports on his/her administration, and convoke it to special sessions in which only those issues and matters for which it was summoned may be examined. to manage municipal expenditures in accordance with the investment plan and the budget. other matters which the constitution and the statute provide for. article 316 in the balloting held for the election of local authorities and for the decision of matters of like nature, only citizens residing in the respective municipality may participate. article 317 only municipalities may tax real estate. this does not bar other entities from imposing appraisal levies. an act shall allocate a percentage of these taxes, which may not exceed the average of existing tax surcharges, to the entities entrusted with the protection and conservation of the environment and the renewable natural resources, in accordance with the development plans of the municipalities of the area under their jurisdiction. article 318 with the purpose of improving the provision of services and securing the participation of the citizenry in the handling of public affairs of a local character, the councils may divide their municipalities into communes when urban areas are involved, and into jurisdictions in the case of rural zones. in each of the communes or jurisdictions, there shall be a popularly elected local administrative board made up of a number of members determined by statute and which shall have the following functions: to participate in the elaboration of municipal plans and programs of economic and social development and public works. to oversee and control the provision of municipal services in its commune or jurisdiction and the investments realized with public funds. to formulate investment proposals before the national, departmental, and municipal authorities entrusted with the elaboration of the respective investment plans. to distribute the overall share allocated to it by the municipal budget. to exercise the functions delegated to it by the council and other local authorities. the departmental assemblies may organize administrative boards for the execution of the functions stipulated for them by the act of their establishment in the territory which the latter itself determines. article 319 when two or more municipalities have economic, social, and fiscal relations which give to the whole characteristics of a metropolitan area, they may organize themselves as an administrative entity entrusted with programming and coordinating the harmonious and integrated development of the territory placed under their authority; rationalize the provision of public services for those who are responsible for it, and, if such is the case, jointly provide some of them; and execute projects of metropolitan interest. the act on territorial planning shall adopt for the metropolitan areas an administrative and fiscal regime of special character; shall guarantee that in their organs of administration the respective municipal authorities may enjoy adequate participation; and shall stipulate the form of convoking and holding the popular consultations which the municipalities involved may decide upon. once the popular consultation is held, the respective mayors and municipal councilors shall record in a protocol the configuration of the area and shall define its powers, financing, and authorities, in accordance with the relevant statute. the metropolitan areas may convert themselves into districts in accordance with the relevant statute. article 320 an act may establish categories of municipalities in accordance with their population, fiscal resources, economic importance, and geographic situation, and stipulate a specific regime for their organization, government, and administration. article 321 the provinces are made up of municipalities or adjacent indigenous territories belonging to the same department. an act shall stipulate the basic statute and determine the administrative regime of the provinces that may be organized for the execution of the functions delegated to them by national or departmental entities and which an act assigns to them and to the municipalities that make them up. the provinces shall be created by ordinance, at the initiative of the governor, the mayors of the respective municipalities, or the number of citizens determined by statute. for admission to an already constituted province, a popular consultation must be held in the municipalities involved. the department and municipalities shall bring to the provinces the percentage of their current revenues that the assembly and respective councils shall determine. chapter iv. on the special regime article 322 bogotá, capital of the republic and of the department of cundinamarca, is organized as district capital. its political, fiscal, and administrative regime are determined by the constitution, the special laws that are enacted for this purpose, and the provisions applicable to the municipalities. based on the general rules established by an act, the council shall, at the initiative of the mayor, divide the territory of the district into localities, in accordance with the social characteristics of its inhabitants, and shall make the corresponding allocation of powers and administrative functions. it shall be the responsibility of the district authorities to guarantee the harmonious and integrated development of the city and the efficient provision of the services for which the district is responsible; the management of matters proper to their territory shall be the responsibility of the local authorities. article 323 the district council shall consist of forty-five (45) councilors. in each of the localities there shall be an administrative board, popularly elected for periods of four (4) years, which shall be composed of no fewer than seven aldermen/alderwomen, in accordance with the determination of the district council made on the basis of the respective population. the election of the senior mayor, the district councilors, and the aldermen/alderwomen shall be held on the same day for periods of four (4) years; the mayor may not be reelected for the following term. when the senior mayor is permanently prevented from discharging the duties of his/her office more than eighteen (18) months before the end of his/her term, a senior mayor shall be elected for the remaining period. in case the end of the term is less than eighteen (18) months away, the president of the republic shall appoint a senior mayor for the rest of the term, who must belong to the party, political group or coalition for which the elected mayor had been registered. the local mayors shall be designated by the senior mayor from a list submitted by the competent administrative board. in the cases restrictively stipulated by an act, the president of the republic may suspend or remove the senior mayor from office. the councilors and aldermen/alderwomen may not form part of the executive boards of the decentralized entities. article 324 the local administrative boards shall apportion and appropriate the aggregates which are allocated to the localities in the annual budget of the district, taking into account the basic unsatisfied needs of their population. concerning the departmental revenues that are produced in santa fe de bogotá, an act shall determine the share appropriate to the capital of the republic. such share may not be superior to that established at the date this constitution goes into effect. article 325 with the purpose of guaranteeing the execution of the plans and programs of integral development and the timely and efficient provision of the services for which it is responsible, within the terms set by the constitution and the relevant statute, the capital district may form a metropolitan area with the adjacent municipalities and a region with other territorial entities of departmental character. article 326 the adjacent municipalities may become incorporated into the capital district if this is what the citizens who reside in them determine by means of a vote that shall be held when the district council has expressed its approval of such incorporation. if the latter occurs, the constitutional and legal provisions in force shall be applied to the old municipality for the other localities that make up the capital district. article 327 in the elections of governor and deputies to the departmental assembly of cundinamarca, the citizens registered in the electoral rolls of the capital district shall not participate. article 328 the tourist and cultural district of cartagena de indias and the touristic, cultural, and historic district of santa marta shall retain their regime and character, and buenaventura y tumaco shall be organized as special, industrial, port, biodiversity and biotourism district. article 329 the configuration of the indigenous [indian] territorial entities shall be drawn subject to the provisions of the institutional act of territorial planning, and their delimitation shall be effected by the national government with the participation of the representatives of the indigenous communities following the plan of the commission of territorial planning. the safeguards that apply relate to collective property which may not be sold. an act shall define the relations and coordination of these entities with those of which they form a part. paragraph in the case of an indigenous [indian] territory that may include the territory of two or more departments, its administration shall be implemented by indigenous councils in coordination with the governors of the respective departments. in case that such territory should decide to constitute itself as a territorial entity, this shall be done in compliance with the requirements established by the first clause of this article. article 330 in accordance with the constitution and the statutes, the indigenous territories shall be governed by the councils formed and regulated according to the uses and customs of their communities and shall exercise the following functions: oversee the application of the legal regulations concerning the uses of the land and settlement of their territories. design the policies, plans and programs of economic and social development within their territory, in accordance with the national development plan. promote public investments in their territories and oversee their appropriate implementation. collect and distribute their funds. oversee the conservation of natural resources. coordinate the programs and projects promoted by the different communities in their territory. cooperate with the maintenance of the public order within their territory in accordance with the instructions and provisions of the national government. represent the territories before the national government and the other entities in which they are integrated; and other matters stipulated by the constitution and statute. paragraph the exploitation of the natural resources in the indigenous territories shall be done without impairing the cultural, social, and economic integrity of the indigenous communities. in the decisions adopted with respect to said exploitation, the government shall encourage the participation of the representatives of the respective communities. article 331 the autonomous regional corporation of the rió grande de la magdalena entrusted with the improvement of navigation, port activity, the improvement and conservation of land, the generation and distribution of energy, and the use and conservation of the environment, fishing resources, and other renewable natural resources shall be established. an act shall determine its organization and sources of financing and shall define in favor of the riparian municipalities special treatment in the assignment of benefits and in their share of current national revenues. title xii. on the economic and public finance regime chapter i. general provisions article 332 the state is the owner of the subsoil and of the natural, non-renewable resources without prejudice to the rights acquired and fulfilled in accordance with prior laws. article 333 economic activity and private initiative must not be impeded within the limits of the public good. for their exercise, no one may demand prior permission or licenses without authorization of an act. free economic competition is a right of everyone, entailing responsibilities. the enterprise, as a basis of development, has a social function that implies obligations. the state shall strengthen the joint organizations and stimulate enterprise development. the state, mandated by an act, shall check the impediments to or restrictions of economic freedom and shall avoid or control any abuse that individuals or enterprises may create thanks to their dominant position in the national marketplace. an act shall delimit the scope of economic freedom when the social interest, the environment, and the cultural patrimony of the nation demand it. article 334 the general management of the economy is the responsibility of the state. by mandate of an act, the state shall intervene in the exploitation of natural resources, land use, the production, distribution, use, and consumption of goods, and in the public and private services in order to rationalize the economy with the purpose of achieving, at the national and regional level and within the framework of fiscal sustainability, the improvement of the quality of life of the inhabitants, the equitable distribution of opportunities, and the benefits of development and conservation of a healthy environment. the aforementioned framework of fiscal sustainability must function as an instrument for achieving in a progressive manner the objectives of a social state based on the rule of law. in all cases public spending for social purposes shall have priority. in a special manner, the state shall intervene for the sake of the full employment of the human resources and to ascertain that all individuals, especially those with a low income, may have effective access to all basic goods and services. [it shall] also [intervene] to promote productivity and competitiveness and the harmonious development of the regions. fiscal sustainability shall provide guidance to the branches and organs of government, within their competences, in a framework of harmonious collaboration. when a judgment has been handed down by any of the supreme judicial bodies, the general prosecutor of the nation or one of the government ministries may request the initiation of a financial impact assessment, the holding of which shall be obligatory. the explanations of the supporters on the consequences of the judgment on the public finances shall be heard, as well as the concrete plan for its execution, and a decision shall be taken whether to modulate, modify or postpone the effects of the judgment with the objective of preventing serious disturbances to fiscal sustainability. in no case shall the essential core of a fundamental right be affected. paragraph in interpreting the present article, an authority of an administrative, legislative or judicial character may under no circumstances invoke fiscal sustainability to diminish fundamental rights, reduce their scope of application or eliminate their effective protection. article 335 the financial, stock exchange, insurance, and any other activities related to the handling, exploitation, and investment of the resources referred to in letter (d) of numeral 19 of article 150 are of public interest and may only be exercised following the prior authorization of the state, in accordance with the applicable statute, which shall regulate the government’s form of intervention in these areas and promote the equitable generalization of credit. article 336 no monopoly may be established except through the free play of the marketplace and to promote the public or social interest and in accordance with applicable statute. an act which establishes a monopoly may not be applied before those individuals, who by virtue of it must relinquish the pursuit of a legal economic activity, are fully indemnified. the organization, administration, control, and exploitation of financial monopolies shall be subjected to a specific regime, determined by an act of government initiative. revenues obtained in the exercise of the monopolies of games of chance shall be earmarked exclusively to the public health services. revenues obtained in the exercise of the liquor monopoly shall be earmarked on a preferential basis to the health and educational services. tax evasion with respect to revenues originating from financial monopolies shall be sanctioned as a crime within the limits established by statute. the government shall sell or liquidate the monopolistic enterprises of the state and transfer to third parties the exploitation of their operation when the requirements of efficiency are not met within the limits established by statute. in all cases the rights acquired by the workers shall be respected. article 337 an act may establish for the border regions, whether on land or sea, special regulations in economic and social matters tending to promote their development. article 338 in peacetime, only congress, departmental assemblies, and district and municipal councils may levy fiscal or fiscal-like dues. statutes, ordinances, and resolutions must determine directly active and passive earnings, the events and bases that are taxable, and the rates of the levies. statute, ordinances, and resolutions may permit that the authorities determine the rate of taxes and levies that are collected from taxpayers to offset the costs of the services which the authorities provide or participation in the benefits that pertain to them; but the system and the method to define such costs and benefits and the manner of allocating them must be determined by statute, ordinances, or resolutions. the statutes, ordinances, or resolutions that regulate levies based on the result of taxable events occurring during a specific period may not be reapplied except from the date following the entering into effect of the respective law, ordinance, or resolution. chapter ii. on development plans article 339 there shall be a national development plan consisting of a general part and a plan of investments of the national public entities. in the general part the long-term national purposes and objectives, the parameters and priorities for state action in the medium term, and the strategies and general orientations of economic, environmental and social policy to be adopted by the government shall be laid down. the public investment plan shall contain the multi-year budgets of the principal programs and national public investment projects, and the specification of the financial resources required for their execution, within a framework which ensures fiscal sustainability. the territorial entities shall elaborate and adopt in a concerted manner between them and the national government development plans with the purpose of ensuring the efficient use of their resources, the development of strategies in the fight against poverty and the adequate execution of the functions assigned to them by the constitution and statute. the plans of the territorial entities shall consist of a strategic plan and a plan for short and long term investments. article 340 there shall be a national planning council made up of the representatives of the territorial entities and of the economic, social, ecological, community, and cultural sectors. the council shall have a consultative character and shall serve as a forum for the discussion of the national development plan. the members of the national council shall be designated by the president of the republic from lists presented to him/her by the authorities and organizations of the entities and sectors referred to in the previous clause which are or have been involved in said activities. their term shall be of eight years, and every four years the council shall be renovated in part in the form established by statute. in the territorial entities there shall also be planning councils, in accordance with the relevant statute. the national council and the territorial planning councils constitute the national planning system. article 341 the government shall elaborate the national development plan with the active participation of the planning authorities, of the territorial entities and the judicial government council and shall submit the draft plan to the national planning council for its views. after receiving the opinion of the council, it shall proceed to effect those amendments that it considers appropriate and shall present the plan to the consideration of congress within six months following the initiation of the respective presidential term. based on the report that the joint committees of economic affairs draw up, each house shall discuss and evaluate the plan in plenary session. disagreements about the content of the general part, if there were any, shall not prevent the government from executing the proposed policies in matters falling under its jurisdiction. however, should the government decide to amend the general part of the plan, it shall follow the procedure indicated in the article that follows. the national investment plan shall be enacted by means of a law which shall have priority over the other laws; consequently, its mandates shall constitute suitable means for its execution and shall supplement existing ones without the need for issuing subsequent laws. nevertheless, in the annual budgetary laws it shall be possible to increase or decrease the shares and resources approved in the planning law. if congress does not approve the national public investment plan within three months following its presentation, the government may put it into effect through a decree having the force of law. congress may modify the public investment plan as long as the financial balance is maintained. any increase of borrowing authorizations requested in the governmental draft plan or the inclusion of investment plans not considered by the latter shall require the approval of the national government. article 342 the appropriate institutional act shall regulate everything concerned with the procedures of the drafting, approval, and execution of the development plans and shall use the assigned mechanisms for their harmonization and for the alignment of the official budgets with them. it shall also determine the organization and functions of the national planning council and of the territorial councils as well as the procedures in accordance with which citizens’ participation shall be effective in the discussion of the development plans and the appropriate modifications, in accordance with what is established in the constitution. article 343 the national planning entity indicated by the relevant statute shall be responsible for the planning and organization of the systems of evaluation of the management and performance of the public administration, both with regard to investment policies and investment plans under the terms that it defines. article 344 the departmental planning organs shall make the evaluation of management and performance concerning the planning, development, and investment programs of the departments and municipalities and shall participate in the preparation of the budgets of the latter in the limits stipulated by the relevant act. in each case, the national planning organ may, in selective manner, carry out said evaluation of any territorial entity. chapter iii. on the budget article 345 in peacetime, it is not permitted to collect levies or taxes that are not included in the revenues of the budget or to make payments from treasury funds which are not included in the budgetary expenditures. nor may any public expenditure be incurred that has not been decreed by congress, the departmental assemblies, or the district or municipal councils, or any credit transferred which is not projected in the respective budget. article 346 the government shall formulate annually the revenues budget and appropriations law which shall be presented to congress within the first 10 days of each legislature. the revenues budget and appropriations law must be drafted, presented and approved within a framework of fiscal sustainability and be in conformity with the national development plan. in the appropriations law, no part whatsoever may be included that does not correspond to a legally recognized credit or an expenditure decreed in accordance with an earlier law or a budget for the government to duly serve the functioning of the branches of government, the servicing of the debt, or earmarked to implement the national development plan. the economic committees of the two houses shall deliberate jointly to give the first reading to the proposed revenues budget and appropriations law. article 347 the appropriations bill shall include the totality of the expenditure which the state plans to implement during the respective fiscal period. if the legally authorized revenues are not sufficient to cover the projected expenditure, the government shall propose separately, before the same committees that are considering the budget bill, the creation of new revenues or the modification of existing ones to finance the amount of contemplated expenditure. the budget may be approved without the completion of the bill raising additional revenues which progress may continue in the subsequent legislative term. transitional paragraph during the years 2002, 2003, 2004, 2005, 2006, 2007, and 2008 the total amount of the appropriations authorized by the annual budget law for general expenditures, other than those earmarked for the payment of pensions, health [costs], defense expenditure, personal services, of the general system of shares and for other transfers determined by the relevant act, may not be increased from one year to another by a percentage superior to the inflation rate resulting for each of them, plus one point five percent (1.5%). the limitation of the amount of appropriations shall not apply to those [appropriations] necessary to meet the expenditure decreed by using the powers under a state of exception. article 348 if congress does not issue the budget, the one presented by the government shall apply within the limits of the preceding article; should the budget not be presented by the same deadline, that of the previous year shall apply, but the government may reduce expenditures and consequently eliminate or reshuffle jobs when the computations of the revenues of the new fiscal year so mandate. article 349 during the first three months of each legislature and strictly in accordance with the rules of the institutional act, congress shall discuss and issue the general revenues budget and appropriations law. estimates of the revenues, credit resources, and proceeds of the treasury balance may not be increased by congress except following the prior opinion and favorable endorsement of the appropriate minister. article 350 the appropriations law shall have a component entitled public social expenditure that shall consolidate the parts of such a nature according to a definition made by the respective institutional act. except in case of foreign war or for reasons of national security, public social expenditure shall have priority over any other allocation. in the territorial distribution of the public social expenditures, account shall be taken of the number of individuals with unsatisfied basic needs, the population, and fiscal administrative efficiency, according to the regulations mandated by an act. the investment budget may not be reduced percentagewise compared to the earlier year with respect to the total expenditure of the corresponding appropriations law. article 351 the congress may not increase any of the sections of the estimated budgetary expenditures proposed by the government or include a new section except with the written consent of the appropriate minister. the congress may eliminate or reduce parts of the expenditures proposed by the government with the exception of those needed for the servicing of the public debt, the other contractual obligations of the state, integral funding of the ordinary services of the administration, and the investments authorized in the plans and programs referred to in article 341. should the computation of revenues increase or should some of the parts of the respective estimate be eliminated, the amounts made available in this manner, without exceeding their aggregate, may be applied to other investments or authorized outlays in accordance with what is prescribed in the final clause of article 349 of the constitution. article 352 in addition to what is mentioned in this constitution, the institutional act of the budget shall regulate matters corresponding to the programming, approval, modification, and execution of the budgets of the nation, of the territorial entities, and those decentralized entities of any administrative level and their coordination with the national development plan as well as the capacity of the organs and state entities to enter into contracts. article 353 the principles and provisions established in this title shall apply, as far as they are pertinent, to the territorial entities for the elaboration, approval, and execution of their budget. article 354 there shall be a general accountant, an official of the executive branch, who shall be responsible for the general accounting of the nation and shall consolidate the territories or services of the nation with that of its decentralized entities, no matter what the level to which they may belong, except for the execution of the budget, over which the office of the controller has jurisdiction. the functions of streamlining, centralizing, and consolidating the public accounting system, elaborating on the general balance, and determining the accounting principles that must apply in the country, in accordance with the relevant statute, are the responsibility of the general accountant. paragraph six months following the close of the fiscal year, the national government shall send to congress the budgetary balance, audited by the office of the controller general of the republic, for its information and analysis. article 355 none of the branches or organs of government may decree subsidies or donations in favor of individuals or legal entities in the private sector. at the national, departmental, district, and municipal levels, the government may, with the resources of the respective budgets, sign contracts with non-profit private entities and of recognized capability in order to promote programs and activities of public interest, in accordance with the national plan and the sectional development plans. the national government shall regulate the matter. chapter iv. on the distribution of resources and jurisdictions article 356 except for what the constitution provides, an act shall determine, at the initiative of the government, the services for which the nation and the departments, districts, and municipalities are responsible. in order to take care of the services for which they are responsible and to supply the resources for their adequate provision, the general system of shares of the departments, districts, and municipalities is hereby established. the districts shall have the same competences as the municipalities and departments for the purposes of distribution of the general system of shares that the act establishes. for these purposes, the indigenous territorial entities, shall be beneficiaries, once they are constituted. likewise, the act shall designate the indigenous reservations as beneficiaries, provided that they have not constituted themselves as indigenous territorial entities. the resources of the general system of shares of the departments, districts and municipalities shall be earmarked for the financing of the services for which they are responsible, according priority to the health service, the services of pre-school, primary, secondary and intermediate education, and public services concerning drinking water and basic sanitation in the home, ensuring the provision of the services and the extension of coverage with an emphasis on the poor. taking into account the principles of solidarity, complementarity and subsidiarity, the act shall establish the cases in which the nation may contribute to the financing of the expenditure of those services which, in accordance with the determination made by statute fall within the competence of the departments, districts and municipalities. the act shall regulate the criteria of distribution of the general system of shares of the departments, districts and municipalities, in accordance with the competences which it assigns to each of these entities; it shall contain the provisions necessary for the implementation of the general system of shares, incorporating principles of distribution which take into account the following criteria: in the sectors of education, health, drinking water and basic sanitation: the population that has been taken care of and the population that shall be taken care of, the distribution of the urban and rural population, administrative and fiscal efficiency, and equity. in the distribution per territorial unit of each of the constituent entities of the general system of shares, priority shall be given to factors which favor the poor, in the terms established by statute; in other sectors: population, the distribution of the urban and rural population, administrative and fiscal efficiency, and relative poverty. competences may not be decentralized without the previous allocation of sufficient fiscal resources for their discharge. the distribution of the resources of the general system of shares of the departments, districts and municipalities shall take place by sectors defined by statute. the amount of the resources that are assigned to the sectors of health and education may not be lower than the amount transferred to each of these sectors on the enactment of the present legislative act. the city of buenaventura is organized as special, industrial, port, biodiversity and biotourism districts. its political, fiscal and administrative system shall be determined by the constitution and special statutes enacted to this end and, insofar as the latter do not contain the required regulations, by the rules which apply to the municipalities. the national government shall define a strategy for monitoring, follow-up and comprehensive control with regard to the expenditure of the territorial entities with resources from the general system of shares in order to ensure the fulfillment of the criteria for coverage and quality [of services]. this strategy must extend the space for citizen participation in respect of social control and accounting procedures. in order to apply and fulfill the provisions of the preceding section the national government shall, within a period not exceeding six months following the signing of this legislative act, adopt, among other things, the pertinent rules defining the situations in which the adequate provision of services incumbent on the territorial entities is at risk, the measures which may be taken to avoid such situations and the effective determination of the required corrective action. transitional paragraph the government must present a bill regulating the organization and functioning of the general system of shares of the departments, districts and municipalities, on the first month of sessions of the forthcoming legislative period, at the latest. article 357 the amount of the general system of shares of the departments, districts and municipalities shall be increased annually by a percentage equal to the average percentage variation that the current revenues of the nation have experienced during the four (4) preceding years, including the one corresponding to the estimate for the budget in execution. for the purpose of calculating the variation of the current revenues of the nation referred to in the preceding subparagraph, the taxes resulting from state of exception measures shall be excluded, unless congress makes them permanent in the following year. seventeen percent (17%) of the resources of the general system of shares for spending purposes shall be distributed among the municipalities with a population inferior to 25.000 inhabitants. these resources shall be spent exclusively on investment, in accordance with the competences assigned by statute. the distribution of these resources shall be based on the same criteria of population size and poverty as defined by the act on the shares for general purposes. the municipalities classified in the fourth, fifth and sixth categories in accordance with the rules in force may freely spend up to forty-two percent (42%) of the resources they receive from the general system of shares for general purposes for investment and other expenses inherent in the functioning of the municipal administration, with the exception of the resources distributed in accordance with the preceding section. when a territorial entity achieves universal coverage and meets the quality standards established by the competent authorities in the sectors of education, health, and/or public services concerning drinking water and basic sanitation in the home, according to certification by the competent national entity, it may spend the surplus resources on investment in other sectors within its competence. the national government shall regulate the matter. transitional paragraph 1 the amount of the general system of shares, gss, of the departments, districts and municipalities shall increase by taking as its base the amount dished out during its previous period of application. during the years 2008 and 2009 the gss shall increase at a rate equal to the inflation rate, with an additional increase in real terms of 4%. during the year 2010, the increase shall equal the inflation rate, with an additional increase in real terms of 3.5%. between the year 2011 and the year 2016 the increase shall equal the inflation rate, with an additional increase in real terms of 3%. transitional paragraph 2 if the rate of real growth of the economy (gross domestic product, gdp) certified by dane for the respective year is superior to 4%, the increase of the gss shall equal the inflation rate, with an additional increase in real terms as indicated in the transitional paragraph 1 of the present article, plus the difference in percentage points which results from a comparison of the real growth of the economy certified by dane and the 4%. these additional resources shall be spent on comprehensive care for small children. the increase of the gss resulting from higher economic growth which is the object of the present section shall not constitute the basis for the funding of the gss in subsequent years. transitional paragraph 3 the general system of shares, gss, shall receive an increase in funding in addition to the increases referred to in the preceding transitional paragraphs with regard to the education sector. this additional increase shall take place in the following stages: in the years 2008 and 2009, it shall equal one point three percent (1.3%), in the year 2010 one point six percent (1.6%), and during the years 2011 to 2016 one point eight percent (1.8%). in each of these years, the additional increase shall not constitute the basis for the funding of the system in the subsequent period of application. the resources shall be spent on coverage and quality. transitional paragraph 4 the national government shall define a number of criteria and transitional arrangements in the application of the results of the last census with the objective of avoiding negative effects resulting from the variations in the census data on the distribution in the general system of shares. the system shall direct the necessary resources in such a way as to avoid under all circumstances a reduction in the level of funding which the territorial entities currently receive for reason of diminishing population size. article 358 for the consequences contemplated in the two above articles, current revenues are to be understood as those constituted by tax and nontax revenues with the exception of capital revenues. article 359 no national revenues shall be specifically earmarked. excepted are the following: the shares provided in the constitution for the benefit of departments, districts, and municipalities. those earmarked for social investment. those which, based on the earlier laws, the nation assigns to social forecasting entities and the former intendencies and police districts. article 360 the exploitation of a non-renewable natural resource shall give rise to an economic offset in the form of concession fees (regalía) for the benefit of the state, without prejudice to any other right or compensation which might be agreed upon. an act shall determine the conditions for the exploitation of non-renewable natural resources. upon the initiative of the government, a separate act shall determine the distribution, objectives, purposes, administration, collection, control, efficient use and destination of the revenues resulting from the exploitation of non-renewable natural resources, laying down the conditions for participation of their beneficiaries. the totality of revenues, assignments, organs, procedures and regulations shall constitute the general system of concession fees (sistema general de regalías). article 361 the revenues from the general system of concession fees shall be used for the financing of projects for the social, economic and ecological development of the territorial entities; for savings to meet their pension obligations; for material investments in education and investments in science, technology and innovation; for generating public savings; for the control of the exploration and exploitation of deposits and the study and geological mapping of the subsoil; and for increasing the general competitiveness of the economy in the attempt to improve the social conditions of the population. the departments, municipalities and districts in whose territory the exploitation of non-renewable natural resources takes place, as well as the municipalities and districts with sea and river ports through which these resources, or products derived from them, are transported, shall have the right to receive a share of the concession fees and compensations, as well as the right to directly use these resources. for the purpose of fulfilling the objectives and ends of the general system of concession fees, a science, technology and innovation fund, a development fund, a regional compensation fund and a savings and stabilization fund shall be created. the revenues from the general system of concession fees shall be distributed as follows: a percentage equivalent to 10% [of the total revenue] [shall go] to the science, technology and innovation fund; 10% [shall go] to the regional pension savings [funds], and up to 30% to the savings and stabilization fund. the remaining resources shall be distributed in a percentage of 20% to the direct transfers referred to in section 2 of this article, and in a percentage of 80% to the regional compensation and regional development funds. of the total resources assigned to the two latter funds, a percentage equivalent to 60% shall be assigned to the regional compensation fund and a percentage of 40% to the regional development fund. of the revenues from the general system of concession fees, a percentage of 2% shall be assigned to the control of the exploration and exploitation of deposits and the study and geological mapping of the subsoil. this percentage shall be deducted in a proportional manner from the total revenue of the general system of concession fees distributed in the preceding section. the functions established here shall be carried out by the ministry of mining and energy or the entity to which the latter delegates them. the sum of the resources corresponding to the direct transfers referred to in section 2 of this article, and the resources of the regional development fund and the regional compensation fund shall increase annually by a rate corresponding to half of the growth rate of the total revenue of the general system of concession fees. the act which shall regulate the system shall define a mechanism for mitigating the decrease of the aforementioned resources resulting from a drastic reduction of the revenues of the general system of concession fees. the difference between the total revenue from the general system of concession fees and the resources assigned to the regional pensions savings, the science, technology and innovation fund, the regional development fund, the regional compensation fund and those referred to in section 2 of this article shall be assigned to the savings and stabilization fund. the science, technology and innovation fund and the regional development fund shall have the purpose of financing regional projects which have been agreed between the territorial entities and the national government. the resources of the regional compensation fund shall be assigned to the financing of development projects of regional or local impact in the poorest territorial entities, in accordance with the criteria for basic unsatisfied needs (necesidades básicas insatisfechas—nbi), population and unemployment, and with priority for coastal and border zones and the regions on the periphery. the lifetime of the regional compensation fund shall be thirty (30) years, starting with the entry into force of the act referred to in section 2 of the preceding article. after this period has ended, the resources shall be assigned to the regional development fund. the resources of the savings and stabilization fund, as well as its earnings, shall be managed by the bank of the republic in the terms established by the national government. in periods of negative savings, the distribution of these resources among the other components of the system shall be governed by the criteria defined by the act to which section 2 of the preceding article refers. in case the resources assigned annually to the savings and stabilization fund exceed thirty percent (30%) of the annual revenue from the general system of concession fees, the surplus shall be distributed among the other components of the system, in conformity with the terms and conditions defined by the act to which section 2 of the preceding article refers. paragraph 1 the resources of the general system of concession fees shall not form part of the general budget of the nation, nor of the general system of shares. the general system of concession fees shall have its own budgetary system which shall be governed by the provisions contained in the act to which section 2 of the preceding article refers. in any case the congress of the republic shall adopt the budget of the general system of concession fees every two years. paragraph 2 the use of the resources corresponding to the direct transfers referred to by section 2 of this article, as well as of the resources of the science, technology and innovation fund, the regional development fund, and the regional compensation fund, shall take place in accordance with the national development plan and the development plans of the territorial entities. the priority projects which are funded with these resources shall be defined by collegiate administrative and decision-making organs, in conformity with the provisions of the act which regulates the general system of concession fees. in the case of the departments referred to in section 2 of this article, the collegiate administrative and decision-making organs shall be composed of two (2) ministers or their representatives, the respective governor or his/her representative, and a representative number of mayors. the act which regulates the general system of concession fees may establish committees of a consultative character for the collegiate administrative and decision-making bodies, with participation of the civil society. with regard to the municipalities and districts referred to in section 2 of this article, the collegiate administrative and decision-making organs shall be composed by a representative of the national government, the governor or his/her representative, and the mayor. the programs and/or projects in technological science and innovation of the departments, municipalities and districts which are be funded with the resources of the science, technology and innovation fund shall be defined by a collegiate administrative and decision-making organ on which the national government, represented by three (3) ministers or their representatives, one representative of the national planning body and a representative of the national body charged with the management of public policies in science, technology and innovation, which in addition shall discharge the functions of the technical secretariat, a governor for each of the regional planning authorities to which the following section of this article refers, four (4) representatives of the public universities and two (2) representatives of the private universities shall have seats. moreover, the resources of the science, technology and innovation fund shall be distributed in the same proportional manner as the resources of the regional compensation fund and the regional development fund are distributed to the departments. in no case may resources of this fund finance current expenditure. the projects of regional impact of the departments, municipalities and districts which are funded with the resources from the regional development and compensation funds shall be defined through regional planning processes by collegiate administrative and decision-making organs on which four (4) ministers or their representatives, one representative of the national planning body, the respective governors or their representatives and a representative number of mayors shall have seats. the act which regulates the general system of concession fees may establish committees of a consultative character for the collegiate administrative and decision-making bodies, with participation of the civil society. in any case the territorial entities shall enjoy majority representation in relation to the national government in the collegiate organs. paragraph 3 a system of monitoring, follow-up, control and evaluation shall be created for the general system of concession fees, which shall have as its object the supervision of the efficient and effective use of the resources of the general system of concession fees, thereby strengthening transparency, citizen participation and good government. the act referred to in section 2 of the preceding article shall define its functioning and the procedure for the imposition of preventive and corrective measures and sanctions for the improper use of the resources of the general system of concession fees. these measures which may be applied to the departments, municipalities and/or districts and other executing agencies may include the suspension of transfers, the cancelation of projects and/or the restitution of resources. the act referred to in section 2 of the preceding article shall also define the annual percentage of the resources of the general system of concession fees which is assigned to the functioning of the system of monitoring, follow-up, control and evaluation of the concession fees. this percentage shall be deducted in a proportional form from the total revenues of the general system of concession fees distributed in the fourth section of this article. transitional paragraph 1 the national concession fees fund shall be abolished from the date determined by the act referred to in section 2 of the preceding article. the national government shall appoint the liquidator and shall determine the procedure and time limit for the liquidation. the resources of the national endowment fund which have not been used on the date of entry into force of this legislative act shall be assigned as a matter of priority to the reconstruction of the road infrastructure of the country and to the ecological recovery of the regions affected by the winter emergency of 2010-2011. transitional paragraph 2 with regard to the resources which shall be assigned to the direct transfers referred to in section 2 of this article and to the regional compensation and regional development funds, their distribution shall be as follows during the first three years: during the first year a percentage of 50% shall accrue to the direct transfers referred to in section 2 of this article and 50% to the funds referred to in this paragraph; in the same way, a percentage of 35% and of 65%, respectively, shall be assigned to these ends in the second year; and during the third year, a percentage of 25% and 75%, respectively. if during the period between 2012 and 2014 the direct transfers referred to in section 2 of this article are inferior to 50% of the annual average, in constant pesos of 2010, of the direct transfers which have been made, minus deductions imposed by statute, between 2007 and 2010; and during the period between 2015 and 2020 are inferior to 40% of the direct transfers which have been made, minus deductions imposed by statute, between 2007 and 2010, the department, municipality or district may use the resources assigned to the respective department in the regional development fund up to the previously mentioned percentage or until the resources of the department in the said fund are exhausted, whichever occurs first. transitional paragraph 3 in the first year of the operation of the general system of concession fees twenty-five percent (25%) of its resources shall be assigned to the sings and stabilization fund. during the period 2012-2014, one-fifth of the annual resources of the savings and stabilization fund shall be assigned to the direct transfers referred to in section 2 of this article. transitional paragraph 4 the national government shall have a period of three (3) months following the promulgation of this legislative act for initiating before the congress of the republic the bill referred to in section 2 of the preceding article, which adjusts the regime of concession fees to the new constitutional framework. once the bill referred to in the previous section has been presented, the congress of the republic shall have a period not exceeding nine (9) months for its approval. if the act has not been adopted by congress at the end of this period, the president of the republic shall be authorized to regulate the matter by decrees having the force of law during one (1) month. transitional paragraph 5 the general system of concession fees shall apply from january 10, 2012. if on this date the act referred to in section 2 of the preceding article has not entered into force, the national government shall guarantee the operation of the system by transition decrees with the force of law, which it shall adopt on december 31, 2011 at the latest. transitional paragraph 6 in order to ensure the effective distribution of the resources in the fiscal year 2012, the national government shall adopt the budget of the general system of concession fees for the aforementioned fiscal year by way of a decree with the force of law. article 362 the assets and revenues originating from taxes or other sources relating to the exploitation of monopolies of the territorial entities are their exclusive property and enjoy the same guaranties as the property and income of individuals. departmental and municipal taxes enjoy constitutional protection and, consequently, an act may not transfer them to the nation, except temporarily in the case of a foreign war. article 363 the tax system is based on the principles of equity, efficiency, and progressivity. the tax laws shall not be applied retroactively. article 364 the domestic and foreign indebtedness of the nation and the territorial entities may not exceed their capacity for repayment. an act shall regulate this matter. chapter v. on the social purpose of the state and of the public services article 365 the public services are inherent in the social purpose of the state. it is the duty of the state to insure the efficient provision thereof to all the inhabitants of the national territory. the public services shall be subjected to the juridical regime determined by an act, may be provided by the state directly or indirectly, by organized communities, or by individuals. in any case, the state shall maintain the regulation, control, and application of said services. if, for reasons of sovereignty or social interest, the state, by means of an act approved by the majority of the members of both houses upon the initiative of the government, should decide to earmark for itself specific strategic or public service activities, it must indemnify, beforehand and fully, those individuals who by virtue of the said law are deprived of the exercise of a lawful activity. article 366 the general well-being and improvement of the population’s quality of life are social purposes of the state. a basic objective of their activity shall be to address the unfulfilled public health, educational, environmental, and drinking water needs of those affected. for such an outcome, in the plans and budgets of the nation and of the territorial entities, public social expenditures shall have priority over any other allocation. article 367 an act shall determine the relative jurisdictions and responsibilities for the provision of domestic public services, their coverage, quality, and financing, and the schedule of rates taken into account in addition to the cost criteria, those of solidarity, and of redistribution of revenues. home public services shall be provided directly by each municipality when the technical and economic characteristics of the service and the general benefits permit them and make them advisable, and the departments shall execute functions of support and coordination. an act shall determine the competent entities that shall determine rates. article 368 the nation, departments, districts, municipalities, and decentralized entities may grant subsidies in their respective budgets so that individuals with lower incomes may pay the rates of home public services that cover their basic necessities. article 369 an act shall determine the duties and rights of users, the regime of their protection, and their forms of participation in the management and funding of the state enterprises that provide the service. similarly, an act shall define the participation of the municipalities or their representatives in the entities and enterprises that provide the home public services. article 370 it is the responsibility of the president of the republic to stipulate, subject to the relevant statute, the general policies of administration and efficiency control of the home public services and to exercise through the office of the superintendent of home public services the control, inspection, and oversight of the entities that provide them. chapter vi. on the central bank article 371 the bank of the republic shall exercise the functions of a central bank. it shall be organized as a legal public entity with administrative, patrimonial, and technical autonomy, subject to its own legal regime. the following shall be the basic functions of the bank of the republic: to regulate the money supply, international exchanges, and credit; to issue legal tender; to administer the international reserves; to be the lender of last resort and banker of the credit institutions; and to serve as the government’s fiscal agent. all these functions shall be exercised in coordination with the general economic policy. the bank shall give a report to congress on the execution of the policies for which it is responsible and on other matters requested from it. article 372 the executive board of the bank of the republic shall be the monetary, exchange, and credit authority, in accordance with the functions assigned to it by statute. it shall be responsible for managing and executing the functions of the bank and shall be made up of seven members, among them the minister of finance, who shall chair it. the director of the bank shall be elected by the executive board and shall be one of its members. the five other members, who can hold no other employment, shall be appointed by the president of the republic for renewable terms of four years, replacing two of the members every four years. the members of the executive board shall represent the interest of the nation exclusively. the congress shall adopt an act which shall regulate the bank of the republic for the exercise of its functions and the regulations under which the government shall issue the statutes of the bank. these shall determine, among other things, the form of its organization, its legal regime, the functioning of its executive board and its board of directors, the term of the director, the rules for the constitution of its reserves, among them, those of exchange and monetary stabilization, and the future application of its earnings. the president of the republic shall perform the inspection, oversight, and control of the bank within the terms stipulated by statute. article 373 the state, through the intermediary of the bank of the republic, shall oversee the maintenance of the purchasing power of the currency. the bank may not establish credit quotas or give guaranties for the benefit of individuals except when the intermediation of foreign credit is involved for its distribution through the credit institutions or of temporary support of said liquidity. financing operations for the benefit of the state shall mandate the unanimous approval of the executive board unless open market operations are involved. in no case may the legislature mandate credit quotas for the benefit of the state or individuals. title xiii. on constitutional reform article 374 the political constitution may be reformed by congress, a constituent assembly, or by the people through a referendum. article 375 the government, 10 members of the congress, 20 percent of councilors or deputies, or citizens totaling at least five percent of the electoral rolls in force may introduce legislative bills. the bill shall be discussed in two ordinary and consecutive session periods. after having been approved in the first period by a majority of those present, the bill shall be published by the government. in the second period, the approval shall require the vote of the majority of the members of each house. in this second period only initiatives presented in the first period may be discussed. article 376 by means of an act approved by the members of both houses, congress may direct that the voters participating in the popular balloting decide if a constituent assembly should be called with the jurisdiction, term, and makeup that the same law shall determine. it is understood that the people shall convoke the assembly, if they approve it by at least one-third of the electoral rolls. the assembly must be elected by the direct vote of the citizens through a balloting that may not overlap another. beginning with the election, the ordinary powers of congress shall remain suspense while the constitution is being amended during the term stipulated so that the assembly may fulfill its functions. the assembly shall adopt its own rules of procedure. article 377 the constitutional reforms must be submitted to a referendum approved by congress when referring to the rights recognized in chapter i of title ii and to their guaranties, to the procedures of popular participation, or to congress, if so requested, within the six months following the promulgation of the legislative act, by five percent of the citizens who make up the electoral rolls. the reform shall be understood to be defeated by a negative vote of the majority of the voters as long as at least one-fourth of those on the electoral rolls participate in the balloting. article 378 upon the initiative of the government or the citizens under the terms of article 155, congress, through an act which requires the approval of the majority of the members of both houses, may submit to a referendum a bill of constitutional reform which the congress shall incorporate into the act. the referendum shall be presented in such a manner as to allow the voters to freely choose from the agenda or the various items that which they approve or disapprove. the approval of constitutional reforms by means of a referendum mandates the affirmative vote of over half of the voters and that the number of these should exceed one-fourth of the total number of citizens included in the electoral rolls. article 379 the legislative acts, the convocation to the referendum, the popular consultation, or the act of convocation of the constituent assembly may be declared unconstitutional only when the requirements established in this title are violated. public measures against these acts may be taken only within one year following their promulgation with due regard to the provisions in article 241, numeral 2. article 380 the constitution, as amended and in force until this time, is hereby repealed. this present constitution is effective from the day of its promulgation. transitional provisions chapter i transitional article 1 general elections for the congress of the republic must be called for october 27, 1991. the congress thus elected shall have a term that concludes on july 19, 1994. the registry office of civil status shall open a registration period of citizen rolls. transitional article 2 full-fledged delegates of the constituent assembly or present cabinet ministers may not be candidates in said election. neither may officials of the executive branch who did not resign their position before june 14, 1991. transitional article 3 pending the installation on december 1, 1991, of the new congress, the present congress and its committees shall take a recess and may not exercise any of their powers either through their own initiative or through convocation by the president of the republic. transitional article 4 the congress elected on october 27, 1991, shall hold ordinary sessions as follows: from december 1 to 20, 1991, and from january 14 to june 26, 1992. beginning on july 20, 1992, its schedule of sessions shall be the one prescribed in this constitution. transitional article 5 the president of the republic is endowed with specific extraordinary powers in order to do the following: issue the regulations that organize the office of the attorney general and the regulations of criminal procedures; uphold the right of citizens to protection; take the necessary administrative measures for the functioning of the constitutional court and the supreme council of the judicature; issue the general national budget to be in effect in 1992; issue temporary regulations to relieve the judicial agencies. transitional article 6 a special commission of 36 members elected using the electoral quotient of the national constituent assembly, half of whom may be delegates, that shall meet between july 15 and october 4, 1991, and between november 18, 1991, and the day of the installation of the new congress. the election is to be held at a session convoked to this effect on july 4, 1991. this special commission shall have the following powers: veto by the majority of its members, totally or in part, the proposed bills which the national government, in exercising its extraordinary powers conferred on the president of the republic by the above article and other provisions of the present constitutional act, with the exception of those relating to appointments, may request. the vetoed articles may not be decreed by the government. prepare proposed bills which it considers appropriate to be implemented in the constitution. the special commission may present said bills so that they may be debated and approved by the congress of the republic. regulate its functioning. paragraph should the special committee not approve, prior to december 15, 1991, the proposed budget for fiscal year 1992, that of the previous year shall apply, but the government may reduce expenditures and consequently eliminate or merge positions when the computations of revenues of the new fiscal year make this desirable. transitional article 7 the president of the republic shall designate a representative of the government before the special commission. this representative shall express opinions and take initiatives. transitional article 8 the decrees issued in exercise of the powers of martial law up to the time of the promulgation of the present constitutional act shall continue to be in effect for a maximum period of 90 days during which the national government may convert them into permanent legislation by means of a decree if the special commission does not veto them. transitional article 9 those extraordinary powers for whose exercise no special period is specified shall expire fifteen days after the special commission finally ceases to function. transitional article 10 the decrees which the government may issue in the exercise of the powers granted by the articles above shall have the force of law and their check for constitutionality shall be the responsibility of the constitutional court. transitional article 11 the extraordinary powers referred to in transitional article 5 shall terminate on the day when the congress, elected on october 27, 1991, is installed. on the same date, the special commission created by transitional article 6 shall also terminate its functions. transitional article 12 with the purpose of facilitating the reintegration into civilian life of the guerrilla groups that are definitely involved in the peace process under the government's aegis, the latter may establish, for one time only, special peace districts for elections to public bodies that shall take place on october 27, 1991, or appoint directly for one time only a number of congressmen in each house to represent the said groups in a process of peace and demobilization. the number shall be established by the national government on the basis of the evaluation that it makes of the circumstances and progress of the process. the names of the senators and representatives to whom this article refers shall be agreed upon by the government and the guerrilla groups, and their appointment shall be the responsibility of the president of the republic. for the effects contemplated in this article, the government may disregard specific disabilities and requirements necessary for one to qualify as a congressman. transitional article 13 within the three years following the entering into effect of this constitution, the government may issue the provisions that may be necessary to facilitate the reintegration of demobilized guerrilla groups who may be involved in a peace process under government aegis; to improve the economic and social conditions of the regions where the guerrilla groups were present; and to provide to the territorial entity the organization and municipal capability, public services, and the functioning and integration of the collective municipal bodies in said regions. the national government shall present periodic reports to the congress of the republic concerning the implementation and development of this article. transitional article 14 within the legislature that opens on december 1, 1991, the national congress, the senate of the republic and the house of representatives, shall issue their respective rules of procedure. should they not do so, the council of state shall issue them within the subsequent three months. transitional article 15 the first election of the vice president of the republic shall be held in the year 1994. in the meantime, to fill the absolute or temporary absence of the president of the republic, the previous system of designate shall be retained. for that purpose, once the term of the incumbent elected in 1990 expires, congress in plenary session shall elect a new designate for the period from 1992 to 1994. transitional article 16 except in the cases stipulated in the constitution, the first popular election of governors shall be held on october 27, 1991. the governors elected on that date shall take possession of their office on january 2, 1992. transitional article 17 the first popular election of governors in the departments of amazonas, guaviare, guainia, vaupés, and vichada shall be held, at the latest, in 1997. an act may set an earlier date. in the meantime, the governors and the aforementioned departments shall be appointed and may be removed by the president of the republic. transitional article 18 while an act establishes the regime of disabilities for governors, in the elections of october 27, 1991, the following may not be elected as such: those who, at any time, were condemned by judicial sentence to imprisonment, except for political or similar crimes. those who, within the six months prior to the election, exercised as public employees political, civil, administrative, or military jurisdiction or authority at the national level or in the respective department. those who are involved through marriage or kinship to the third level of consanguinity, second of affinity, or first civil with anyone registered as candidate or the congress of the republic in the same election. those who, within the six months prior to the election, were involved in the management of affairs or in the signing of contracts with public entities in their own interest or the interest of third parties. the prohibition established in numeral 2 of this article does not apply to members of the national constituent assembly. transitional article 19 the mayors, councilors, and deputies elected in 1992 shall exercise their functions until december 31, 1994. chapter ii transitional article 20 for a period of 18 months counting from the entry into effect of this constitution and taking into account the evaluation and recommendations of a commission made up of three experts in public administration or administrative law appointed by the council of state, three members appointed by the national government, and one member representing the colombian federation of municipalities, the national government shall eliminate, merge, or restructure the entities of the executive branch, the public institutions, the industrial and commercial enterprises, and the mixed [public-private] companies of national scope with the purpose of harmonizing them with the mandates of the present constitutional reform, especially the redistribution of the jurisdictions and resources that it establishes. transitional article 21 the legal regulations flowing from the principles stated in article 125 of the constitution shall be issued by congress in the year subsequent to its entering into effect. if in this period congress does not stipulate them, the president of the republic has the option to issue them within three months. beginning with the issuing of the legal regulations that bear on professional matters, the appointers of civil servants shall apply them within six months. noncompliance with the terms stipulated in the clause above shall be the cause of a misdemeanor. while the regulations referred to in this article are issued, those which presently apply to the subject matter shall continue to be in effect as long as they do not violate the constitution. chapter iii transitional article 22 as long as an act does not set another number, the first constitutional court shall be made up of seven judges who shall be elected for a period of one year as follows: two by the president of the republic; one by the supreme court of justice; one by the council of state; and one by the general prosecutor of the nation. the judges so elected shall designate the remaining two from lists presented by the president of the republic. the election of the judges by the supreme court of justice, the council of state, the president of the republic, and the general prosecutor of the nation shall be done within five days following the entry of this constitution into effect. non-compliance with this duty shall be the cause of a misdemeanor. should the election not be held by any of the organs mentioned within the stated deadline, same shall be done by the remaining duly elected judges. paragraph 1 the members of the constituent assembly are not eligible to be designated as judges of the constitutional court by virtue of this extraordinary procedure. paragraph 2 the disability established in article 240 for the ministers and judges of the supreme court of justice and the council of state is not applicable for the immediate formation of the constitutional court prescribed by this article. transitional article 23 the president of the republic is vested with extraordinary powers so that within the two months following the promulgation of the constitution by means of a decree, he/she should stipulate the procedures of the judges and the actions that they must take before the constitutional court. at any time, congress may repeal or modify the regulations established in this manner. pending the issuing of the decree mentioned in the first clause, the functioning of the constitutional court and the procedure and expediting of the matters under its responsibility shall be subject to the regulations in decree 432 of 1969. transitional article 24 public actions for unconstitutionality before june 1, 1991 shall continue to be heard and must be adjudicated by the supreme court of justice within the deadlines stipulated in decree 432 of 1969. actions which initiated after said date shall be transferred to the constitutional court in its current state. once all the cases are decided by the supreme court of justice in accordance with the first clause of this article, its constitutional division shall cease exercising its functions. transitional article 25 the president of the republic shall appoint for the first and only time the members of the disciplinary chamber of the supreme council of the judicature. the administrative chamber shall be formed in accordance with the provision in numeral 1 of article 254 of the constitution. transitional article 26 the cases that are presently under way in the disciplinary chamber shall continue to be heard without any interruption by the judges of the said body, and the disciplinary chamber of the supreme council of the judicature shall take cognizance of them beginning with the installation of same. transitional article 27 the office of the attorney general of the nation shall begin functioning when the special decrees organizing it and those that establish the new criminal procedures, elaborating on the powers granted by the national constituent assembly to the president of the republic, are issued. the respective decrees may, however, provide that the jurisdiction of the various judicial organs should be assigned gradually as specific conditions allow, without going beyond june 30, 1992, except for the municipal criminal judges whose installation may be extended up to four years beginning with the issuing of this reform, according to the determination of the supreme council of the judicature and the attorney general of the nation. the current district attorneys’ offices of the higher courts, criminal circuit, higher customs courts, and of the public order shall be transferred to the office of the attorney general of the nation. the other district attorneys’ offices shall be integrated into the organic structure and the personnel of the office of the public prosecutor. the public prosecutor shall stipulate the designation, functions, and seats of these civil servants and may designate whoever came to fill said offices, retaining their system of compensation and benefits. the office of the criminal public prosecutor delegate shall continue within the structure of the office of the public prosecutor. also to fall under the jurisdiction of the office of the attorney general of the nation is the national directorate and sectional directorates of criminal investigation, the technical branch of the criminal police, and the criminal investigative magistrates of the ordinary courts of the public and criminal customs divisions. the national directorate of forensic medicine of the ministry of justice, with its sectional subdivisions, shall be integrated into the office of the attorney general as a public institution attached to same. those jurisdictions that are integrated into the office of the attorney general shall be transferred to it with all their human and material resources within the limits stipulated by the act that organizes the latter. transitional article 28 pending the issuance of the act which assigns to the judicial authorities instructions on the actions presently punishable by arrest by the police authorities, the latter shall continue to take cognizance of same. transitional article 29 the application at any time of the regulations that prohibit the reelection of the judges of the constitutional court, the supreme court of justice, and of the council of state shall relate only to those elections that take place after the promulgation of the present reform. transitional article 30 the national government is authorized to grant pardons, commutations, or amnesties for political and similar crimes committed prior to the promulgation of the present constitutional act to members of guerrilla groups who return to civilian life within the context of the policy of reconciliation. to this effect, the national government shall issue the appropriate regulations. this benefit may not be extended to heinous crimes or to homicides committed outside of combat or to those who prey on defenseless victims. chapter iv transitional article 31 one month following the installation of the congress elected on october 27, 1991, the council of state shall elect the members of the national election commission in proportion to the representation obtained by the parties and political movements in the congress of the republic. said council shall remain in office and exercise its functions until september 1, 1994. transitional article 32 pending the formation of the national election commission within the limits established by the constitution, the actual composition of this organ shall be expanded by four members designated by the council of state from lists presented by the parties and political movements which are not represented in it in the proportion of the results of the elections held on december 9, 1990, granting two to the majority list and one to each of the lists not represented in descending order of the voting results. such appointments shall be made before july 15, 1991. transitional article 33 the term of the present national registrar of civil status shall terminate on september 30, 1994. the term of the national registrar of civil status to whom this constitution refers shall run from october 1, 1994. transitional article 34 the president of the republic, within no more than eight days from the promulgation of this constitution, shall designate, for a period of three years, a citizen whose function shall be to prevent routinely or upon the petition of another the use of resources originating from the public treasury or from outside in the electoral campaigns held within the deadline indicated, except when the financing of the electoral campaigns is done in accordance with the constitution and statute. to this effect, the said citizen shall have the right to request and obtain the cooperation of the office of the general prosecutor of the nation, of the office of the general controller of the republic, of all the public entities which exercise control and oversight powers, and of those organs which exercise criminal police functions. the president of the republic shall regulate this arrangement and shall lend to the designated citizen all the administrative and financial support that are indispensable to him/her. transitional article 35 the national election commission shall automatically recognize the legal identity of the parties and political movements represented in the national constituent assembly which so request. chapter v transitional article 36 the present controller general of the republic and general prosecutor of the nation shall continue to exercise their responsibilities until such time as congress, elected for the constitutional period 1994–1998, arranges for the new election that must be held within the first 30 days following its installation. transitional article 37 the first ombudsman shall be selected by the general prosecutor of the nation from a short list originating from the president of the republic within 30 days at the most. chapter vi transitional article 38 the government shall organize and make up, within six months, a commission of territorial planning entrusted with realizing the studies and formulating before the competent authorities the recommendations that it considers in order to adjust the country’s territorial divisions to the provisions of the constitution. the commission shall perform its functions during a period of three years, though an act may assign it a permanent character. in such a case, the same law shall determine the periodicity according to which the commission is to present its proposals. transitional article 39 the president of the republic shall be vested with specific extraordinary powers for a period of three months in order to issue decrees with the force of law through which the organization and functioning of the new departments created by this constitution are assured. in the exercise of these powers, the government may abolish the national institutions entrusted with the administration of the former intendancies and police districts and assign to the territorial entities the national resources that belong to them, in the government’s opinion. transitional article 40 the establishment of municipalities by the departmental assemblies prior to december 31, 1990 remains valid. transitional article 41 if, during the two years following the date of promulgation of this constitution congress does not adopt an act to which articles 322, 323, and 324 refer on a special regime for the capital district of santa fe de bogotá, the government, on one occasion exclusively, may issue the appropriate regulations. transitional article 42 pending the issuance by congress of the acts referred to in article 310 of the constitution, the government shall adopt by decree the regulations necessary to control the density of population of the archipelago department of san andrés, providencia, and santa catalina, empowered for the purposes expressed in the same article. chapter vii transitional article 43 in order to finance the operation of the new institutions and to attend to the obligations derived from constitutional reform that have not been offset by a reduction in expenditures or transfers of responsibilities, congress may, on one occasion only, prescribe tax adjustments whose yield is to be designated exclusively for the nation. if, within a period of 18 months from the installation of congress, it has not passed such fiscal adjustments and it is evident that the efforts of the administration to make the collection more efficient and to reduce public expenditures at a national level have been insufficient to cover these new expenditures, the national government may, on one occasion only, make these adjustments through a decree with the force of law. transitional article 44 the fiscal situation for the year 1992 should not be worse, expressed in constant pesos, than that of 1991. transitional article 45 the districts and municipalities shall collect as a minimum during the fiscal year of 1992 the shares of the iva (value added tax) established by act no. 12 of 1986. beginning in 1993, the provisions in article 357 of the constitution shall enter into effect concerning the share of the municipalities in the nation’s current revenues. however, an act shall establish a gradual and progressive transition schedule beginning in 1993 and for a period of three years at the end of which the new criteria of distribution stipulated in the said article shall enter into effect. during the transition period, the value received by the districts and municipalities in terms of revenue sharing shall in no case be less than the amount collected in 1992, in constant pesos. transitional article 46 the national government shall place into operation, for a period of five years, a solidarity and social emergency fund under the jurisdiction of the office of the president of the republic. this fund shall finance assistance projects for the more vulnerable sectors of the colombian population. the fund must seek, additionally, resources from states and international cooperation. transitional article 47 an act shall organize a social emergency security plan for a period of three years for the regions affected by extreme violence. transitional article 48 within the three months following the installation of the congress of the republic, the government shall present bills relative to the juridical regime of the public services; the determination of jurisdictions and general criteria that shall regulate the lending of public home services as well as their financing and rate schedule; also, the schedule of participation of representatives of municipalities involved and of users in the management and funding of the state enterprises that provide the services, as well as matters relating to the protection, duties, and rights of the said users and to the stipulation of the general policies of administration and efficiency control of the public home services. if, at the conclusion of the two subsequent legislatures, the appropriate laws are not issued, the president of the republic shall put the bills into effect through decrees with the force of law. transitional article 49 in the first legislature following the entry into effect of this constitution, the government shall present to congress the bills referred to in article 150, numeral 19, letter (d), article 189, numeral 24, and article 335 relating to the financial, stock exchange, insurance, and any other activities connected with the management, application, and investment of resources collected from the public. if at the end of the two subsequent ordinary legislatures, the latter does not issue them, the president of the republic shall put the bills into effect through decrees with the force of law. transitional article 50 pending the prescription of the general provisions which the government must follow to regulate the financial, stock exchange, insurance, and any other activities connected with the management, application, and investment of resources collected form the public, the president of the republic shall exercise, under his/her own constitutional authority, initiative in these activities. transitional article 51 while the corresponding laws are being dictated, the new executive board of the bank of the republic to be provisionally appointed by the president within the month following the entry into force of this constitution, shall assume the functions which presently correspond to the monetary board, which he/she shall execute in accordance with that which is provided in the constitution. an act shall determine the entities to which development funds administered by the bank are transferred. in the meantime, the bank shall continue exercising this function. the government shall present to congress, in the month following its installation, the bill relating to the exercise of the functions of the bank and the regulations on whose basis the government shall issue its ordinances in accordance with article 372 of the constitution. if after one year following the presentation of the bill the corresponding act has not been adopted, the president of the republic shall bring it into effect by way of a decree having the force of law. transitional article 52 beginning with the entry into force of this constitution, the national evaluation committee shall have the character of a superintendent. the national government shall prescribe what is necessary for the outfitting of the said institution appropriate to its new character, without prejudice to what the government may prescribe in implementing that which is established in transitional article 20. transitional article 53 the government shall make the administrative decisions and shall effect the budgetary transfers that may be necessary to insure the normal functioning of the constitutional court. chapter viii transitional article 54 for the purpose of all constitutional and legal applications, the results of the national population and housing census of october 15, 1985, shall be used. transitional article 55 within the two years following the entry into effect of the present constitution, congress shall issue, following a study by a special commission that the government shall create for that purpose, a law which shall take cognizance of the black communities which have come to occupy uncultivated lands in the rural zones adjoining the rivers of the pacific basin, in accordance with their traditional cultivation practices and the right to collective property over the areas which the same law shall demarcate. in the special commission referred to in the previous clause, representatives elected by the communities involved shall participate in each case. the property thus recognized shall only be transferable within the limits stipulated by an act. the same law shall establish mechanisms for the protection of the cultural identity and the rights of these communities and for the progress of their economic and social development. paragraph 1 provisions in the present article may be applied to other zones of the country that have similar conditions through the same procedure, following a study and the favorable opinion of the special commission prescribed here. paragraph 2 if at the conclusion of the deadline stipulated in this article congress shall not have issued the act to which it refers, the government shall proceed to do so through a decree having the force of law. transitional article 56 pending the issuance of the act referred to in article 329, the government may prescribe the necessary fiscal regulations and other matters relating to the functioning of the indigenous [indian] territories and their coordination with the other territorial entities. transitional article 57 the government shall form a commission made up of representatives of the government, labor unions, economic associations, political and social movements, and regular farmers and workers so that, within a period of 180 days from the entry into force of this constitution, the commission may draft a proposal that would elaborate regulations on social security. this proposal shall serve as a basis to the government for the preparation of bills that it shall present on the issue for the consideration of congress. transitional article 58 the national government is authorized to ratify the negotiated treaties or agreements that may have been approved by at least one of the houses of the congress of the republic. transitional article 59 the present constitution and the other acts promulgated by this constituent assembly are not subject to any kind of legal review whatsoever. transitional article 60 for the purposes of the application of constitutional articles 346 and 355 and the rules pertaining thereto, the national development plan for the years 1993 and 1994, and until it enters into force the one approved by the congress of the republic, in the terms and conditions established in the present political constitution, shall be that which corresponds to the annual laws on the national budget of revenues and appropriations. the respective bill presented by the government shall develop the programs, projects, and plans approved by the national council of economic and social policy (conpes). in discussing departmental, district, and municipal plans of development, those approved by the respective territorial public body shall be considered. if the draft development plan has been presented by the respective head of administration of the territorial entity, [and] it has not been enacted by the public body before the expiration of the ordinary sessions period following the entry into force of this legislative act, he/she shall impart to it its legal validity. this plan shall apply for the time period established by an act. transitional article 61 the special commission created by transitional article 38 shall also meet between november 1 and november 30, 1991, date on which it shall cease to function. clarifying note: the reference is to transitional article 38 of the codification commission 6 of the constitution. transitional article 62 all mayors and governors who begin their term between the entry into force of the present legislative act and december 31, 2003, shall exercise their functions or a period equivalent to half of the time necessary to reach december 31, 2007. their successors shall be elected for a period which shall end on the december 31 of the year 2007. all governors and mayors who have been elected later than october 29, 2000 and prior to the entry into force of the present legislative act shall exercise their functions for a period of three years. their successors shall be elected for a period ending on december 31, 2007. in any case, mayors and governors for all municipalities, districts and departments shall be elected on the last sunday of the month of october of the year 2007 for official terms of four years, which shall start on january 1, 2008. the term of four years of the members of the departmental assemblies, the district and municipal councilors and the aldermen/alderwomen shall start on january 1, 2004. transitional article 63 in the year following the entry into force of the present constitutional reform congress, after the study of a special commission created by the government for this end, shall issue an act which deals with a “special economic, political, social and administrative system for the territories which comprise the ecoregions of sierra nevada de santa marta, ciénaga de zapatosa, serranía del perijá, llanos orientales, amazonía, catatumbo region, orinoquia, chocó biogeográfico, montes de maría, mojana, and the multi-plant villages (pueblos polífitos) of magdalena and the pacific, with the objective of reducing the disparities which exist with respect to their development in relation to the rest of the country. transitional article 64 within six months following the entry into force of the present legislative act congress shall issue the rules which define the distribution of competences among the state entities which are charged with the formulation of plans, the regulation, direction, management and control of the television services. while the relevant statutes are enacted, the national television commission shall continue to exercise the functions which have been assigned to it by the legislation in force. transitional article 65 [declared unconstitutional] transitional article 66 transitional justice instruments shall be exceptional. their principal objective will be the end of the internal armed conflict facilitation and the achievement of a stable and lasting peace, with the guarantees of non-repetition and security for all colombians. such instruments shall ensure at the highest possible level, victims’ rights to truth, justice and reparation. a statute may authorize, within the framework of a peace agreement, a different treatment for illegal armed groups who have participated in the armed conflict and for related state agents. a statute to guarantee the state duties of investigation and punishment will establish transitional justice instruments of a judicial or extrajudicial nature. in any case mechanisms of extrajudicial nature will be applied to clarify the truth and reparations to victims. a truth commission shall be created by statute. such statute shall establish its purpose, composition, powers and functions. the commission powers shall include recommendations for the implementation of transitional justice instruments, including the application of selection criteria. prioritization and selection criteria shall be inherent to transitional justice instruments. the attorney general of the nation will determine the prioritization criteria for the initiation of criminal proceedings. notwithstanding the general obligation of the state to investigate and punish serious human rights’ violations and international humanitarian law crimes, in the context of transitional justice, the congress, at the initiative of the government, may determine by state the selection criteria to investigate crimes against humanity, genocide, or war crimes committed in a systematic manner. congress may also establish cases, requirements and conditions to suspend executions of a sentence; establish the cases in which the application of extrajudicial sanctions, alternative sanctions, or special modalities for the implementation and enforcement of the sentence may be used; and authorize the conditional waiver of criminal prosecution of unselected cases. the statutory law will take into account the severity and representativeness of cases to determine the selection criteria. in any case, the above mentioned special criminal constitutional instruments application shall be subject to conditions such as the abandonment of weapons, recognition of responsibility, contribution to discovering the truth and reparation for victims, the release of hostages, and the decoupling of minors who are illegally recruited and held by illegal armed groups. paragraph 1 the application of transitional justice instruments to illegal armed groups who took part in hostilities will be limited to those who demobilize collectively under a peace agreement or individually in accordance with established procedures and with the authorization of the national government. paragraph 2 under no circumstances transitional justice instruments may benefit illegal armed groups that have not been part of the internal armed conflict, or any member of an armed group that once demobilized continues committing crimes. transitional article 67 for the purpose of participating in politics, a statute shall establish which crimes will be considered related to political crimes. crimes against humanity and genocide committed in a systematic manner may not be considered related to political crimes. therefore, those who have been convicted and sanctioned for such crimes cannot participate in politics or be elected. new transitional article. (from legislative act no. 2 of 2015) the national government should present before october 1, 2015, a draft statutory law to regulate the functioning of the organs of the government and the judicial administration. the following provisions will be in effect until such statutory law enters into force: the organs of government and judicial administration will be conformed as follows the members of the judicial government council should be designated or elected within two months counted from the entry into force of this legislative act. the election of representatives of magistrates of tribunals and justices and the representative of judicial employees will be made via a direct vote among peers in the judicial branch. the elections will be organized by the inter-institutional commission of the judicial branch. the permanent members and those of exclusive dedication to the judicial government council should be elected within a period of two months prior to the election or designation of the other members of the first judicial government council. for the first composition of the judicial government council, one of the three permanent members and of exclusive dedication will be elected for a period of two years, the other will be elected for a period of three years. for the first judicial government council, the members of this body, excluding the manager of the judicial branch, will have a period of two months beginning from its election, to elect the manager of the judicial branch. the executive office of judicial administration will from now on be named the management of the judicial branch and all of the dependencies of the former will now be part of the latter. all of the dependencies belonging to the administrative chamber of the supreme council of the judicature will be part of the management of the judicial branch, without prejudice of what the law establishes or the judicial government council. the inter-institutional commission of the judicial branch and the administrative chamber of the supreme council of the judicature, will continue to exercise their functions until the judicial government council is integrated and the manager of the judicial branch is elected. these organs will make a report about the exercise of the functions established by law within two months following the entry into force of this legislative act. the administrative chamber of the sectional judicial councils and the sectional executive offices of judicial administration will continue to exercise their functions until a statutory law is issued. they will also exercise the functions established in article 85, number 18, of the law 270 of 1996. it will be guaranteed, without a solution to continuity, the career rights of the magistrates and employees of the administrative chamber of the sectional judicial councils, while the institution, transformation, or linkage with the offices of the judicial institutions or any other of equal or superior category, according to provisions of the statutory law. it will also be guaranteed the career rights of the employees of the supreme council of the judicature. the career merit exams that are currently administered by the unit of judicial career will continue its course in the administration of the judicial branch without solution to continuity. while the statutory law is issued, the judicial government council should exercise the functions established in article 79, items 1, 2, 4, 5, 6, and 7; article 85, items 5, 6, 9, 10, 13, 19, 22, 27, and 29; article 88, items 2 and 4; and article 97, items 1 and 2 of law 270 of 1996. in addition, it will regulate provisionally the processes of public call that that are administered by the management of the judicial branch. while the statutory law is issued, the management of the judicial branch will exercise the functions established in article 79, item 3; article 85, item 1, 3, 4, 8, 11, 12, 14, 15, 16, 17, 20, 21, 24, and 28; article 88, item 1; article 99, item 1 to 9; and will be the authority that nominates the established positions in article 131, item 9 of the law 270 of 196. the functions established in article 85, item 8 and 11 will be carried out under the supervision of the career commission. the judicial school “rodrigo lara bonilla” will carry out, in addition to the functions already established to it, those established in article 85, item 23, of the law 270 of 1996. the high courts of the tribunals will continue to carry out the function of nominating authority established in article 131, items 5 and 7 of law 279 of 1996. in the exercise of this function they should always respect the election list. the nominating authority for the sectional commissions of judicial discipline will be the national commission of judicial discipline. the nominating authority for the administrative chambers of the sectional judicial councils, while they last, will be the judicial government council. the nominating authorities established in article 131, item 1, 2, 3, 4, and 8 of law 270 of 1996 will continue the exercise of this function. items 3, 4, 5, and 7 of article 97 and item 6 of article 131 of the law 270 of 1996 is repealed. title one chapter i. human rights and guarantees article 1 in the united mexican states, all individuals shall be entitled to the human rights granted by this constitution and the international treaties signed by the mexican state, as well as to the guarantees for the protection of these rights. such human rights shall not be restricted or suspended, except for the cases and under the conditions established by this constitution itself. the provisions relating to human rights shall be interpreted according to this constitution and the international treaties on the subject, working in favor of the broader protection of people at all times. all authorities, in their areas of competence, are obliged to promote, respect, protect and guarantee human rights, in accordance with the principles of universality, interdependence, indivisibility and progressiveness. as a consequence, the state must prevent, investigate, penalize and rectify violations to human rights, according to the law. slavery shall be forbidden in mexico. every individual who is considered as a slave at a foreign country shall be freed and protected under the law by just entering the country. any form of discrimination, based on ethnic or national origin, gender, age, disabilities, social status, medical conditions, religion, opinions, sexual orientation, marital status, or any other form, which violates the human dignity or seeks to annul or diminish the rights and freedoms of the people, is prohibited. article 2 the mexican nation is unique and indivisible. the nation is multicultural, based originally on its indigenous peoples, described as descendants of those inhabiting the country before colonization and that preserve their own social, economic, cultural and political institutions, or some of them. consciousness of indigenous identity will be the fundamental criteria to determine to whom apply the provisions on indigenous people. an indigenous community is defined as the community that constitutes a cultural, economic and social unit settled in a territory and that recognizes its own authorities, according to their customs. indigenous people’s right to self-determination shall be subjected to the constitution in order to guarantee national unity. states’ and federal district’s constitutions and laws must recognize indigenous peoples and communities, taking into account the general principles established in the previous paragraphs, as well as ethnic-linguistic and land settlement criteria. this constitution recognizes and protects the indigenous peoples’ right to self-determination and, consequently, the right to autonomy, so that they can: decide their internal forms of coexistence, as well their social, economic, political and cultural organization. apply their own legal systems to regulate and solve their internal conflicts, subjected to the general principles of this constitution, respecting the fundamental rights, the human rights and, above all, the dignity and safety of women. the law shall establish the way in which judges and courts will validate the aforementioned regulations. elect, in accordance with their traditional rules, procedures and customs, their authorities or representatives to exercise their own form of internal government, guaranteeing the right to vote and being voted of indigenous women and men under equitable condition; as well as to guarantee the access to public office or elected positions to those citizens that have been elected or designated within a framework that respects the federal pact and the sovereignty of the states. in no case the communitarian practices shall limit the electoral or political rights of the citizens in the election of their municipal authorities. preserve and enrich their languages, knowledge and all the elements that constitute their culture and identity. maintain and improve their environment and lands, according to this constitution. attain with preferential use of the natural resources of the sites inhabited by their indigenous communities, except for the strategic resources defined by this constitution. the foregoing rights shall be exercised respecting the forms of property ownership and land possession established in this constitution and in the laws on the matter as well as respecting third parties’ rights. to achieve these goals, indigenous communities may form partnerships under the terms established by the law. elect indigenous representatives for the town council in those municipalities with indigenous population. the constitutions and laws of the states shall recognize and regulate these rights in the municipalities, with the purpose of strengthening indigenous peoples’ participation and political representation, in accordance with their traditions and regulations. have full access to state jurisdiction. in order to protect this right, in all trials and proceedings that involve natives, individually or collectively, their customs and cultural practices must be taken into account, respecting the provisions established in this constitution. indigenous people have, at all times, the right to be assisted by interpreters and counsels, who are familiar to their language and culture. the constitutions and laws of the states and the federal district shall establish those elements of self-determination and autonomy that may best express the conditions and aspirations of indigenous peoples in each state, as well as the rules, according to which indigenous communities will be defined as public interest entities. in order to promote equal opportunities for indigenous people and to eliminate discriminatory practices, the federation, the federal district, the states and the local councils shall establish the necessary institutions and policies to guarantee indigenous people’s rights and comprehensive development of indigenous communities. such institutions and policies shall be designed and operated together with them. in order to eliminate the scarcities and backwardness affecting indigenous towns and communities, authorities are obliged to: stimulate regional development in indigenous areas with the purpose of strengthening local economies and improving the quality of life. to achieve this goal, the three levels of government and the indigenous communities must take part in a coordinated manner. local governments shall equitably determine the budget that is to be directly managed by the indigenous communities for specific goals. guarantee education and increase educational level of indigenous peoples, favoring bilingual and cross-cultural education, literacy, completion of the elementary and secondary education, technical training, high education and university education. also, the authorities must establish a scholarship system for indigenous students at all grades, as well as define and carry out regional educational programs, according to indigenous peoples’ cultural heritage and opinion, and according to the law. authorities must promote respect towards the several cultures of the nation and knowledge about them. enforce an effective access to health services by increasing the coverage of the national health services, while making good use of traditional medicine and also to improve the indigenous people’s nutrition through food programs focusing especially on children. improve the living conditions of indigenous communities and the spaces used for social activities and recreation through policies that enables the access to public and private financing for housing construction and home improvements, as well as policies that extend the coverage of basic social services. promote indigenous women development by supporting their productive projects, protecting their health, granting incentives for their education and fostering indigenous women participation in decision-making process of their communities. extend the communication infrastructure, enabling integration of communities to the rest of the country, by constructing and expanding transportation routes and telecommunication means. also, authorities are obliged to develop the conditions required so that indigenous peoples and communities may acquire, operate and manage media, in accordance with the law. support productive activities and sustainable development of indigenous communities through actions that allow them to achieve economic self-sufficiency; granting incentives for public and private investments that create new jobs; the use of new technology to increase productive capacity and to assure equitable access to supply and marketing systems. establish social policies to protect indigenous immigrants both, in mexican territory and foreign countries, through actions that: assure farm workers’ labor rights, improve women’s health, provide special educational and nutrition programs for children and young people belonging to immigrant families, ensure their human rights are respected and spread indigenous peoples’ culture. consult indigenous peoples’ opinion and recommendations while preparing the national development plan, the state plans and the local plans and, if appropriate, incorporate their recommendations and proposals. in order to enforce the obligations set forth herein, the house of representatives, the legislative bodies of the federal district and the states, as well as the municipal councils, within the scope of their jurisdictions, shall establish specific budgets to comply with these obligations, as well as the procedures enabling communities to participate in the exercise and supervision thereof. any community comparable to indigenous peoples shall have the same rights as the indigenous people, according to the law, without detrimental to rights of natives, their communities and peoples established in this constitution. article 3 all people have the right of education. the state – federation, states, federal district and municipalities – will provide preschool, elementary, middle and high education. preschool, elementary and middle educations are considered as basic education; these and the high school education will be mandatory. education provided by the state shall develop harmoniously all human abilities and will stimulate in pupils the love for the country, respect for human rights and the principles of international solidarity, independence and justice. the state will guarantee the quality in mandatory education, in a way that educational material and methods, school organization, educational infrastructure and the suitability of teachers and principals ensure the highest learning achievement of students. according to the article 24 regarding the freedom of religion, the education provided by the state shall be secular, therefore, state education shall be maintained entirely apart from any religious doctrine. the guiding principles for state education shall be based on scientific progress and shall fight against ignorance and its effects, servitude, fanaticism and prejudices. furthermore, state education shall: be democratic, understanding democracy not only as a legal structure and political regime, but also as a way of life grounded on the continuous economic, social and cultural development; be national, which means that, without hostility or exclusivism, state education shall cover national problems and the utilization of our resources, shall defend our political independence, assure our economic independence, and preserve and develop our culture; contribute to a better human coexistence, in order to strengthen the appreciation and respect for cultural diversity, human dignity, the integrity of the family, the convictions over society’s general interest, the fraternity and equality of rights ideals, avoiding privileges based on race, religion, group, sex or individual, and it shall be of quality, based on the constant progress and highest academic achievement of the students; to fully comply with the provisions established in the second paragraph and under section ii, the federal executive shall establish the syllabus for preschool, elementary and secondary education, as well as for teacher training colleges, to be applied throughout the country. to that end, the federal executive shall take into account the opinion of the states’ and the federal district’s governments, as well as the opinions of civil society groups involved in education, teachers and parents, in accordance with the law. additionally, admission to teaching positions and the promotions to management and supervisory positions in basic and medium education ran by the state shall be granted through competitive contest that shall guarantee that the knowledge and abilities are suitable for the post. the implementing law will set the criteria, terms and conditions of the mandatory evaluation for the admission, promotion, acknowledgment and continuance in the professional service with full respect to the constitutional rights of education workers. all admissions and promotions not granted according to law shall be deemed null and void. the provisions in this paragraph shall not be applicable to institutions referred to in section vii of this article; all the education provided by the state shall be free of charge; in addition to providing the preschool, elementary, middle and high education mentioned in previous paragraphs, the state will promote and use all educational types and modalities, from the starting education to the higher education, necessary for the development of the nation, will support scientific and technological research and will promote strengthening and spreading our culture; private entities may provide all kinds of education. in accordance with the law, the state shall have powers to grant and cancel official accreditation to studies done at private institutions. in the case of pre-school, elementary and secondary education, as well as teacher training college, private schools must: provide education in accordance with the same purposes and criteria established in paragraph second and section ii, as well as to comply with the syllabus mentioned in section iii; and obtain a previous and explicit authorization from the authorities, under the terms provided by the law. universities and other higher education institutions, upon which the law has conferred autonomy, shall have both the powers and the duty to govern themselves. they must subject themselves to the principles established in this article to educate, do research and promote culture, respecting academic freedom, researching freedom, freedom to apply exams and to discuss ideas. these institutions shall develop their academic plans; they shall establish the terms for admission, promotion and tenure of their academic personnel; and they shall manage their estate. labor relationships between institution and academic and administrative personnel shall be governed by section a of article 123 of this constitution, in accordance with the terms of the national labor relations act for a specially regulated work, without interfering with the autonomy, academic freedom, research freedom and the goals of the institutions referred herein, in order to unify and coordinate education throughout the country, the congress of the union shall issue the necessary laws to allocate the social duty of education among the federation, the states and the municipalities, and shall establish the pertinent budget and the penalties applicable to those civil servants who fail to comply or enforce these provisions, and to any other offender thereof, and in order to guarantee the provision of quality education services, the national education evaluation system has been created. the national institute for the evaluation of education will coordinate said system. the national institute for the evaluation of education will be an autonomous public agency, with legal personality and its own budget. the institute shall evaluate the quality, performance and results of the national educational system in the preschool, elementary, junior high and high school. to that end, it shall: design and perform the evaluation measurements corresponding to components, processes or results of this system; issue the guidelines to which the federal and local educational authorities will be subject to, to perform the corresponding evaluation functions, and generate and publicize information, based on which it will issue the relevant guidelines to contribute to decisions about the improvement of education quality and its equity as an essential factor in the search of social equality. the governing board will be the managing body of the institute and will be formed with five members. the federal executive will present a list of three candidates for consideration of the house of senators, which, with previous appearance of the proposed persons, shall appoint the person to fill the position. appointment shall be decided with a two-thirds vote of the present members of the senate or, during its recess, a two-thirds vote of the permanent commission, within a thirty days period not to be extended. should the senate fail to decide on the appointment within such time limit, the position will be filled by one of the three candidates to be selected by the federal executive. in case that the senate rejects the proposed list of three entirely, the federal executive shall submit a new one in accordance to the rules set forth in the previous paragraph. if the second list was rejected, the position will be filled by one of the candidates in the list to be selected by the federal executive. members of the governing board shall be capable and experienced individuals in the field under the purview of the institute, and shall meet the requirements set forth by law. they shall remain in office for seven years in staggered terms, subject to only one reelection. members of the governing board may not stay in office for more than fourteen years. in case of vacancy, the substitute will be appointed to complete the respective term. they can only be removed for severe cause under the terms of title iv of this constitution, and they shall not hold any other position job, position or commission with the exception of those in which they act in representation of institute and those non-remunerated positions in teaching, scientific, cultural or charitable activities. the governing board, in a collegiate manner shall appoint, by a 3-vote majority, the member that will preside for a term set by law. the law shall establish the rules for the organization and operation of the institute, which will govern its activities according to the principles of independence, transparency, objectivity, pertinence, diversity and inclusion. the law shall establish the necessary mechanisms and actions to allow efficacious cooperation and coordination between the institute and the federal and local education authorities to achieve a better discharge of their respective duties. article 4 man and woman are equal under the law. the law shall protect the organization and development of the family. every person has the right to decide, in a free, responsible and informed manner, about the number of children desired and the timing between each of them. all individuals have the right to nutritional, sufficient and quality nourishment. the state shall guarantee this. every person has the right to health protection. the law shall determine the bases and terms to access health services and shall establish the competence of the federation and the local governments in regard to sanitation according to the item xvi in article 73 of this constitution. any person has the right to a healthy environment for his/her own development and well-being. the state will guarantee the respect to such right. environmental damage and deterioration will generate a liability for whoever provokes them in terms of the provisions by the law. any person has the right of access, provision and drainage of water for personal and domestic consumption in a sufficient, healthy, acceptable and affordable manner. the state will guarantee such right and the law will define the bases, subsidies and modality for the equitable and sustainable access and use of the freshwater resources, establishing the participation of the federation, local governments and municipalities, as well as the participation of the citizens for the achievement of such purposes. any family has the right to enjoy a decent and respectable house. the law will set the instruments and supports necessary to achieve such objective. any person has the right to identity and to be registered immediately after their birth. the state shall guarantee the compliance of these rights. the competent authority shall issue, without any cost, the first certified copy of the birth certificate or registration. the state, in all decisions it makes and all actions it carries out, will safeguard and comply with the principle of doing what is in the best interest of children, thus entirely guaranteeing their rights. boys and girls have the right to having their nutritional, health, educational and recreational needs satisfied for their proper development. this principle should guide the design, enforcement, following up and evaluation of the public policies focused on childhood. ascendant relatives and guardians have the obligation of maintaining and demanding the compliance of these rights and principles. the state will grant aid to individuals in order to assist with the compliance of the rights of children. every person has cultural rights, has the right of access to culture and the right to enjoy state cultural services. the state shall provide the means to spread and develop culture, taking into account the cultural diversity of our country and respecting creative freedom. the law shall provide instruments that guarantee access and participation of any cultural expression. all individuals have a right to physical culture and the practice of sports. the state shall promote and stimulate this right by issuing laws on the matter. article 5 no person may be prevented from performing the profession, industry, business or work of his choice, provided that it is lawful. this right may only be banned by judicial resolution, when third parties’ rights are infringed, or by government order, issued according to the law when society’s rights are infringed. no one can be deprived of legal wages, except by a judicial ruling. in each state, the law shall determine which professions require a degree to be practiced, the requirements for such degree and the appropriate authorities to issue it. no one can be compelled to work or render personal services without obtaining a fair compensation and without his full consent, unless the work has been imposed as a penalty by a judicial authority, which shall be subjected to the provisions established in the article 123, sections i and ii. only the following public services may be mandatory, and always according to the respective law: military service, jury service, councilman service and positions granted through the direct or indirect vote. electoral and census duties shall be mandatory and free; however, those services performed professionally shall be paid as provided by this constitution and any applicable laws. social professional services shall be mandatory and remunerated according to the law and with the exceptions established in it. any contract, pact or agreement, which purpose is the demerit, loss or irrevocable sacrifice of a person’s liberty is prohibited. any contract by which a person agrees to his own proscription or exile, or by which he temporarily or permanently waives his right to practice certain profession, industry or business shall not be authorized either. a work contract will oblige the person only to render the service mentioned in that contract during the term established by law, which may not exceed one year in detriment of the worker. the work contract cannot include the waiver, loss or damage of any political or civil right. in the event that the worker fails to fulfill said contract, he only may be subjected to civil liability, but never may be exerted any coercion on him. article 6 expression of ideas shall not be subject to judicial or administrative inquiry, except for those cases when such expression of ideas goes against the moral, privacy or the rights of third parties, causes perpetration of a felony, or disturbs the public order. the right of reply shall be exercised according to law. the state shall guarantee the right to information. every person shall be entitled to free access to plural and timely information, as well as to search for, receive and distribute information and ideas of any kind, through any means of expression. the state shall guarantee access to information and communication technology, access to the services of radio broadcast, telecommunications and broadband internet. to that end, the state shall establish effective competition conditions for the provision of such services. to accomplish the provisions of this article, the following points shall be observed: in order to exercise the right of access to information, the federation, the states and the federal district, according to their respective powers, shall act in accordance to the following basis and principles: all information in custody of any authority, entity or organ of the executive, legislative and judicial powers, autonomous organisms, political parties, public funds or any person or group, such as unions, entitled with public funds or that can exercise authority at the federal, state or municipal level is public. this information may only be reserved temporarily due to public interest or national security, following the law provisions for this. the principle of maximum disclosure shall prevail when interpreting this right. the obligated subjects (obligors) must record every activity that derives from their authority, competence or function, the law will specifically establish the assumptions under the declaration of inexistence of information shall proceed. information regarding private life and personal data shall be protected according to law and with the exceptions established therein. every person shall have free access to public information, his/her personal data and in the case to the rectification of his/her personal data, without the necessity to argue interest or justification. the mechanisms to access information and expedite review procedures shall be established. these procedures must be formalized before specialized and impartial autonomous agencies established by this constitution. government agencies (obligors) shall record and keep their documents in updated administrative files, and shall disclose, through electronic media, the complete and updated information about the use of public resources and their management indexes so that the information allows accountability procedures in regard to the fulfillment of their objectives and the results of their performance. the law shall establish procedures for governmental agencies (obligors) to disclose information concerning the use of public resources paid to individuals or companies. failure to comply with these dispositions in regard to the access to public information shall be penalized according to the law. the federation shall establish an autonomous, specialized, impartial and collegiate agency. it must have a legal personality; own assets; full technical, managerial and decision power over its budget and internal organization; and shall be responsible for guaranteeing the fulfillment of the right of access to public information and the protection of personal data held by public agencies (obligated subjects), according to the terms established by law. the autonomous transparency agency established in this fraction will be governed by the transparency and access to public information law, as well as the law for the protection on personal data held by obligated subjects, in the terms established by the general law issued by the congress to set the basic principles, basis and procedures for the exercise of the information rights. this agency will be governed by the principles of certainty, legality, independence, impartiality, efficiency, objectiveness, professionalism, transparency and maximum publicity. the autonomous transparency agency has competence to receive inquiries related to the right of access to public information and the protection of personal data from any authority, entity, organism or agency that belongs to any of the executive, legislative or judicial powers, as well as any autonomous agency, political parties public trusts and public funds, or any other person, group, union or organization that receives or use public resources or that exercise authority at the federal domain with exception of those issues that correspond to the jurisdiction of the federal supreme court, in which case a committee of three supreme court justices would decide the issue. the autonomous transparency agency has, also the competence to receive the inquiries from individuals in regard to the resolutions issued by the local autonomous specialized transparency agencies and the federal district transparency agency that ruled the inexistence, reserve, and confidentiality of information or that refuses to disclose information according to the terms established by law. the national transparency agency [organismo garante], ex oficio or by substantiated petition of the local agency from the states or the federal district may receive or analyze the inquiries that due to its importance or transcendence are in the interest of the national transparency agency. the law will determine the information that shall be considered as reserved or confidential. the resolutions of the national transparency agency are mandatory, definitive and indisputable for the obligated subjects (obligors). only in the cases that the resolutions may be considered to endanger public security according to the law in the matter, the legal councilor of the federal government may present a review inquiry to the supreme court. the national transparency agency [organismo garante] shall be constituted by seven commissioners. to appoint them, the senate, previous extensive consultation to social actors and by proposal of the different parliamentary groups, will appoint the commissioner with the vote of two-thirds of the senators present in the session according to the vacancy that must be covered and following the procedure established by law. the president may oppose the appointment within ten business days. if the president does not oppose the appointment within the given days, then the person appointed by the senate will assume the commissioner office. given the case that the president opposes the appointment, the senate will present a new proposal to occupy the vacancy according to the previous paragraph. however, to approve the proposal the vote of three-fifths of the senators present is required. if this second appointment were objected, the senate, according to the procedures in the previous paragraph, with the approval of three-fifths of the senators present would appoint definitively the commissioner that will occupy the vacancy. the commissioner office will be held during seven years, and the commissioners shall fulfill the requirements provided in the fractions i, ii, iv, v and vi of the article 95th of this constitution. the commissioners shall not hold other office, have an additional employment, or other commission with exception of the non-profit chairs or offices related to charities and academic or scientific institutions. the commissioners can only be removed from office according to the terms in the fourth title of this constitution and they will be subject to political trial. the conformation of the national transparency agency shall promote gender equality. the commissioner president shall be selected by a peer process, through the secret vote of the commissioners. the commissioner president will remain in office for three years, with the possibility of being reelected to other three years. the commissioner president must render an annual report before the senate in the date and terms described by the law. the national transparency agency [organo garante] shall have an advisory board, formed with ten council members that shall be elected by the vote of two thirds of the present senators. the law will establish the procedures to present the proposals to the senate. each year, the two council members with longer tenure will be replaced, unless they were proposed and ratified for a second term in office. the law will establish the emergency measures and procedures that the agency could implement to guarantee the fulfillment of its decisions. every authority and public servant is compelled to help the national transparency agency and its commissioners for the adequate performance of the agency. the national transparency agency will coordinate its actions with the federal superior comptroller office [entidad de fiscalizacion superior de la federacion], the entity specialized in archives and files, the organ in charge of gathering and process of statistical and geographical data, as well as, with the local agencies in the states and the federal district in order to strengthen the accountability within the mexican state. in matters of broadcasting and telecommunications: the state shall guarantee the integration to the information and knowledge society of its population through a policy of universal digital inclusion crafted with annual and sexennial goals. telecommunications are deemed as public services of general interest and, therefore, the state shall guarantee that they are offered under competitive conditions, with quality, plurality, universal coverage, interconnection, convergence, continuity, free access, and free from arbitrary interferences. broadcasting is deemed as public services of general interest and, therefore, the state shall guarantee that it be offered with quality and under competitive conditions, to deliver the benefits of culture to the population, preserving plurality and veracity of the information so broadcasted, as well as the promotion of national identity values, contributing to the goals established in article 3 of this constitution. the broadcasting of publicity or propaganda presented as information coming from news or reports is hereby prohibited; the conditions to be met by the content and the contracting of the service for its broadcasting to the public shall be established, including those relative to the liability of concessionaires with regard to the information broadcasted for thirds parties, without prejudice to the freedom of speech and broadcasting. a statute shall establish a decentralized agency with technical, operative, decision-making and management autonomy, which shall provide non-profit broadcasting to secure access to the population at large in each and every one of the federation’s jurisdictions, to media contents that promote: national integration; educational, cultural and civic training; gender equality; supply of impartial, timely and truthful information about national and international news, allowing for the broadcasting of independent productions, as well as the expression of diverse and pluralistic opinions that strengthen societal democratic life. the agency shall have a citizens’ council to secure independence and an impartial and objective editorial policy. the council shall have nine members to be elected, after ample public consultation, with a two-thirds vote by the senate or, during recess, by the permanent committee. council members shall serve in staggered terms. each year, the two most senior members shall be replaced unless ratified for a second term by the senate. the senate or, during recess, the permanent committee, shall appoint the president of the agency, upon the proposal of the federal executive, with a two-thirds vote. the president shall stay in office for five years, and may be re-appointed for only one additional term. the president may only be removed with a two-thirds vote by the senate. the president of the agency shall present and annual report of activities to the executive and legislative branches, and he will appear before both chambers of congress in accordance with the law. a statute shall establish telecommunications consumers’ and audience’s rights, as well as the remedies for their protection. article 7 freedom of speech, opinion, ideas and information through any means shall not be abridged. said right shall neither be abridged through any indirect means, such as abuse of official or private control over paper, radio electric frequencies or any other materials or devices used to deliver information, or through any other means or information and communication technologies aimed at impeding transmission or circulation of ideas and opinions. no statute or authority shall establish prior restraints, nor shall it abridge freedom of speech, which shall be subject to no other limitation than those foreseen in the first paragraph of article 6 of this constitution. under no circumstances shall the assets used for the transmission of information, opinions and ideas be subject to seizure on the grounds of being an instrumentality of a felony. article 8 public officers and employees will respect the exercise of the right to petition provided that petition is made in writing and in a peaceful and respectful manner. regarding political petitioning, only citizens have this right. every petition must be decided in writing by the authority to whom it was addressed, who has the duty to reply to the petitioner within a brief term. article 9 the right to peacefully associate or assembly for any licit purpose cannot be restricted. only citizens of the republic may take part in the political affairs of the country. no armed meeting has the right to deliberate. meetings organized to make a petition or to submit a protest to any authority cannot be considered as unlawful, nor be broken, provided that no insults are uttered against the authority and no violence or threats are used to intimidate or force the decision of such authority. article 10 the inhabitants of the united mexican states have the right to keep arms at home, for their protection and legitimate defense, with the exception of those prohibited by the federal law and those reserved for the exclusive use of the army, navy, air force and national guard. federal law will state the cases, conditions, requirements and places where inhabitants can be authorized to carry weapons. article 11 every person has the right to enter and leave the country, to travel through its territory and to move house without the necessity of a letter of safe passage, passport, safe-conduct or any other similar requirement. in the event of criminal or civil liability, the exercise of this right shall be subject to the judicial authority. relating to limitations imposed by the laws on immigration and public health, or in respect to undesirable aliens residing in the country, the exercise of this right shall be subject to the administrative authority. in case of political persecution, any person has the right to seek political asylum, which will be provided for humanitarian reasons. the law shall regulate the cases in which political asylum should be provided, as well as the exceptions. article 12 no titles of nobility, nor prerogatives and hereditary honors shall be granted in the united mexican states. furthermore, those granted by any other country shall have no effect. article 13 no one can be tried under special laws or special courts. no person or corporation can have any privileges, nor enjoy emoluments, other than those given in compensation for public services and which must be established by the law. military jurisdiction prevails for crimes and faults against military discipline; but, under no case and for no circumstance, military courts can extend their jurisdiction over persons who are not members of the armed forces. civilians involved in military crimes or faults shall be put on trial before the competent civil authority. article 14 no law will have retroactive effect in detriment of any person. no one can be deprived of his freedom, properties or rights without a trial before previously established courts, complying with the essential formalities of the proceedings and according to those laws issued beforehand. with regard to criminal trials, it is forbidden to impose any penalty which has not been expressly decreed by a law applicable to the crime in question, arguing mere analogy or majority of reason. in civil trials, final sentence must agree with the law writing or the legal interpretation thereof. in the case of lack of the appropriate law, sentence must be based on the general principles of law. article 15 the united mexican states disallow international treaties for extradition when the person to be extradited is politically persecuted, or accused of ordinary crime while having the condition of a slave in the country where he/she committed the crime, as well as the agreements or treaties that alter the human rights established by this constitution and the international treaties signed by the mexican state. article 16 no person shall be disturbed in his private affairs, his/her family, papers, properties or be invaded at home without a written order from a competent authority, duly explaining the legal cause of the proceeding. all people have the right to enjoy protection on his personal data, and to access, correct and cancel such data. all people have the right to oppose the disclosure of his data, according to the law. the law shall establish exceptions to the criteria that rule the handling of data, due to national security reasons, law and order, public security, public health, or protection of third party’s rights. only judicial authority can issue an arrest warrant. such arrest warrant shall always be preceded by a formal accusation or charge of misconduct considered as criminal offence, punishable with imprisonment, provided that there is evidence to prove that a crime has been committed and that the defendant is criminally liable. the authority executing an arrest warrant shall bring the accused before the judge without any delay and under its sole responsibility. failure to comply with this provision will be punished under criminal law. in cases of flagante delicto, any person may arrest the offender, turning him over without delay to the nearest authorities, which in turn, shall bring him before the public prosecution service. a record of such arrest must be done immediately. the public prosecution service may order arrest of the accused, explaining the causes of such decision, only under the following circumstances all together: a) in urgent cases, b) when dealing with serious offence, c) under reasonable risk that the accused could evade the justice and, d) because of the time, place or circumstance, accused cannot be brought before judicial authority. in cases of urgency or flagrancy, the judge before whom the prisoner is presented shall immediately confirm the arrest or order his release, according to the conditions established in the law. in the case of organized crime, and at the request of the public prosecution service, judicial authority can order to put a person into hold restraint, complying with the terms of time and place established by law and without exceeding forty days, whenever necessary for the success of the investigation, the protection of people or legal goods, or when there is reason to believe that the accused could avoid the action of justice. the forty days term can be extended, provided that the public prosecution service proves that the causes that originate hold restraint still remain. in any case, the hold restraint shall not last more than eighty days. the term organized crime is defined as the organization of three or more people gathered together to commit crimes in a permanent or frequent manner, in the terms provided by the correspondent law. no accused person shall be held by the public prosecution service for more than forty-eight hours. after this term, his release shall be ordered or he shall be brought before a judicial authority. such term may be duplicated in case of organized crime. any abuse shall be punished by criminal law. only a judicial authority can issue a search warrant at the request of the public prosecution service. the search warrant must describe the place to be searched, the person or persons to be apprehended and the objects to be seized. upon the conclusion of the search, a report must be compiled at the site and before two witnesses proposed by the occupant of the place searched or, in his absence or refusal, by the acting authority. private communications shall not be breached. the law shall punish any action against the liberty and privacy of such communications, except when they are voluntarily given by one of the individuals involved in them. a judge shall assess the implications of such communications, provided they contain information related to the perpetration of a crime. communications that violate confidentiality established by law shall not be admitted in any case. only the federal judicial authority can authorize telephone tapping and interception of private communications, at the request of the appropriate federal authority or the state public prosecution service. the authority that makes the request shall present in writing the legal causes for the request, describing therein the kind of interception required, the individuals subjected to interception and the term thereof. the federal judicial authority cannot authorize telephone tapping nor interception of communications in the following cases: a) when the matters involved are of electoral, fiscal, commercial, civil, labor or administrative nature, b) communications between defendant and his attorney. the judiciaries shall have control judges who shall immediately and by any means solve the precautionary measures requests and investigation techniques, ensuring compliance with the rights of the accused and the victims. an authentic registry of all the communications between judges and the public prosecution service and other competent authorities shall be kept. authorized telephone tapping and interception of communications shall be subjected to the requirements and limitations set forth in the law. the results of telephone tapping and interception of communications that do not comply with the aforesaid requirements will not be admitted as evidence. administrative authorities shall have powers to search private households only in order to enforce sanitary and police regulations. administrative authorities can require the accounts books and documents to corroborate compliance with fiscal provisions, following the procedures and formalities established for search warrants. the sealed correspondence circulating through the mail shall be exempt from any search and the violation thereof shall be punishable by the law. during peacetime, no member of the army can be quartered in a private house against the owner’s will nor impose any requirements. during a war, soldiers can demand lodging, baggage, food and other requirements in the terms set forth by the applicable martial law. article 17 nobody can take justice into their own hands, nor have resort to violence to enforce his rights. all people have the right to enjoy justice before the courts and under the terms and conditions set forth by the laws. the courts shall issue their rulings in a prompt, complete and impartial manner. court’s services shall be free, judicial fees are prohibited. the mexican congress shall enact laws to regulate collective actions. such laws shall establish the cases in which each law applies, as well as the judicial proceedings and the remedies for redress. only the federal judges have jurisdiction on these proceedings. the laws shall provide alternative mechanisms to resolve controversies. regarding to criminal matter, the laws shall regulate application of such mechanisms, ensure redress and establish the cases in which judicial supervision is required. the sentences by which an oral proceeding ends shall be explained in a public hearing before the parties. federal and local laws shall provide the necessary means to guarantee the independence of the courts and the full enforcement of their rulings. the federation, the states and the federal district must guarantee the existence of a quality public defender office and shall provide the conditions for a professional career service for the defenders. the defenders’ fees shall not be inferior to the public prosecutors’ fees. imprisonment shall be forbidden as a way to punish exclusively civil debts. article 18 preventive custody shall be reserved for crimes punishable by imprisonment. preventive prisons shall be completely separated from the prisons used for convicted persons. the prison system shall be organized on the basis of respect for human rights, as well as work, training, education, health and sports as a means to achieve inmate’s social rehabilitation, pursuing that he/she will not commit a crime again and following the benefits that the law establishes for him/her. women and men shall be imprisoned in separate places. the federation, the states and the federal district can make and execute agreements to send the inmates convicted for crimes under its jurisdictions to serve their sentence in other prisons under a different jurisdiction. the federation, the states and the federal district shall establish, within the field of their respective powers, an integral justice system for minor offenders that shall be used for those persons that have been found guilty of committing or participating in a crime as stated by the law and that their age ranges from twelve years old and less than eighteen years old. the system shall guarantee the human rights recognized by this constitution for every person, as well as those specific rights that due to the their status as a person under development have been granted to children. people under twelve years of age who have been found guilty of having committed or participated in a crime as stated by the law shall only be subjected to social assistance. the management of this system will be organized by institutions, courts and authorities specializing in justice administration and legal proceedings regarding teenagers. the system shall use advice, protection and treatment methods that apply on each particular case following the principles of comprehensive protection and superior interest of the teenager. if appropriate, alternative forms of justice should be used in this system. the judicial process for teenager’s justice shall be through an oral adversarial system in which due process shall be strictly followed as well as the principle of independence among authorities in charge of the process or the conviction. measures imposed to teenagers shall be proportional to the misconduct and shall seek teenager’s social and family reintegration, as well as the complete development of his person and capabilities. confinement shall only be used as an extreme measure and for the briefest period of time that applies to the case. confinement can be applied only to teenagers above fourteen years old who have committed or participated in an act that the law describes as a crime. mexicans who are serving imprisonment penalties in foreign countries may be brought to the united mexican states to serve their sentences according to the rehabilitation systems provided in this article. foreigners who are serving imprisonment penalties may be transferred to their countries, in accordance with international treaties. prisoner must grant his/her consent for the transfer. convicts may serve their sentence in the penitentiaries closer to their home, in order to encourage their reintegration to the community. this provision shall not be applicable to organized crime and to inmates who require special security measures. special centers shall be created for preventive imprisonment and for penalties regarding organized crime. the competent authority can restrict communication between accused person or prisoner and third parties in the event of organized crime, except for defender. the authority also can impose measures of special surveillance on these inmates. this provision can be applied to other inmates who require special security measures. article 19 detentions before a judicial authority in excess of 72 hours, counted from the moment the accused is presented to the authority, are prohibited without presenting formal charges indicating the crime, place, time and circumstances of such crime; as well as the evidence of the crime and of the probable liability of the accused. the public prosecution service can request of the judge preventive prison only when other precautionary measures are not enough to ensure the presence of the accused in his trial, the development of the investigation, the protection of the victim, witnesses or community, as well as when the accused is on trial or had been previously convicted for having committed an intentional crime. also, the judge will order preventive prison, by its own motion, in the following cases: organized crime; deceitful homicide; rape; kidnap; trafficking in persons; crimes committed using firearms, explosives or other violent instruments; and serious crimes against national security, the right to freely develop personality and the public health. the law shall establish the cases in which the judge can revoke liberty granted to the individuals subjected to trial. the term to issue the association order may be extended only at the request of the accused, according to the procedure set forth by the law. prolonging the detention shall be sanctioned by penal law. the authority in charge of the establishment where the accused is shall attract the judge’s attention if it does not receive a copy of the detention order or the extension request in the term indicated above as soon as the term ends. if the authority does not receive the detention order within the next three hours, the accused shall be freed. every proceeding will treat only the crime or crimes mentioned in the detention order. if within the course of proceedings, another crime appears, it shall be charged on a separate investigation. charge accumulation may be ordered, if appropriate. in the event that, after the detention order has been issued for an organized crime charge, the accused evades the justice or is transferred to a foreign judge, the trial and the expiry date of the criminal action will be suspended. treatment during the arrest or imprisonment, any annoyance without legal justification, any tax or contribution in jails, constitute an abuse which the law shall correct and the authorities shall repress. article 20 criminal proceedings will be oral and adversarial. it shall be ruled by the principles of open trial, contradiction, concentration, continuity and contiguity. general principles: criminal proceedings shall aim elucidation of the facts, innocent person’s protection, preventing impunity and compensate the damages that the crimes had motivated. in every hearing, a judge must be present. the judge cannot delegate to somebody else the submission and evaluation of evidence, which shall be done in a free and logic manner. only the evidence submitted in the hearing shall be used for the sentence. the law shall establish the exceptions for the above and the pertinent requirements in case that the nature of the evidence requires prior evaluation. the trial shall be carried out before a judge who has not previously handled the case. all arguments and evidence shall be presented in a public, contradictory and oral manner. the accuser must provide the evidence necessary to demonstrate defendant’s guilt according to the criminal types. both parties are equal during the proceeding. no judge can talk about the trial with one of the parties without the presence of the other one, taking always into account the principle of contradiction, except for the cases predicted by this constitution. criminal proceeding can be terminated in advance, provided that the defendant agrees and according to the law. if the defendant, voluntarily and aware of the consequences, acknowledges his guilt and there is enough evidence to corroborate the charges, the judge shall call to a sentence hearing. the law shall establish the benefits granted to the defendant in case he accepts his guilt. the judge shall convict only when the guilt of accused is certain. any evidence obtained by violating the defendant’s fundamental rights shall be null and void. these principles shall be observed also in the preliminary hearings. defendant's rights the defendant is innocent until proven guilty through a sentence issued by a judge. the accused has the right to remain silent. from the moment of his arrest, the defendant shall be informed about the charges against him and his right to keep silent, which cannot be used against him. all forms of intimidation, torture and lack of communication are forbidden and shall be punished by the law. any confession made without the assistance of a defender shall have no weight as evidence. every arrested person has the right to be informed of the grounds of arrest and of his rights at the moment of his arrest and while appearing before the public prosecution service or a judge. in the case of organized crimes, the judicial authority can authorize to keep the accuser’s name in secret. the law shall establish benefits for the accused or convicted person who provides effective assistance in the investigation of felonies related to organized crime. all witnesses and any other evidence submitted by the defendant shall be admitted within the terms established by law. judicial authority shall assist the defendant to enforce appearance of those witnesses whose testimony he may request, in the terms set forth by the law. the defendant shall be judged in an open trial by a judge or court. this provision may be restricted for reasons related to national security, public safety, protection of victims, witnesses and minors, disclosure of legally protected data or when the court considers that it is justified to do so. in the case of organized crime, all acts performed during the investigation shall serve as evidence when they cannot be reproduced during the trial or there is a risk for witnesses or victims. the accused has the right to object or contest such evidence. the accused shall be tried within a term of four months in the case of crimes punishable with a maximum penalty of two years of imprisonment; and within a term of one year if the crime is punishable with a penalty exceeding such term, unless he requests a longer term to prepare his defense. defendant has the right to a lawyer, whom he shall freely choose even from the moment of his arrest. if he does not want a lawyer or cannot appoint one at the moment of request, the judge shall appoint a public defender. the defendant has the right that his lawyer appears in every acts of the process. defendant’s lawyer is obliged to appear in all the acts related to defendant’s proceeding. prison or arrest cannot be extended due to the lack of money to pay lawyer’s fees or any other monetary cause, civil liability or any other similar motive. preventive prison cannot exceed the time established by law as maximum punishment for the crime in question. in no case, preventive prison shall exceed the term of two years, unless defendant asks for a longer time to prepare his defense. if after said term a sentence has not been pronounced, the defendant shall be freed immediately while the trial continues. however, other precautionary measures may be used. the duration of detention will count for the sentence term. victim's rights: the victim has the right to receive legal council, to be informed about the rights that this constitution grants to his/her favor; and whenever he should so require it, to be informed about the state of the criminal proceedings. the public prosecution service must receive all the evidence submitted by the victim during the preliminary criminal inquiry as well as during proceedings. the public prosecution service must carry out the necessary steps to assists the victim. the victim has the right to intervene in the trial and to use the legal instruments according to the law. whenever the public prosecution service does not consider necessary to carry out the steps required by the victim, he must state the grounds of law and fact justifying his refusal. the victim has the right to receive urgent medical and psychological assistance from the moment the crime was committed. the victim has the right of reparation. whenever it should be legally admissible, the public prosecution service is obliged to require redress. the victim also can request such redress by himself. the judge cannot acquit the convict of redress in the case of conviction. the law shall set forth agile procedures to enforce redress sentences. the judge must keep in secret victim’s identity and other personal data in the following cases: minor involved; rape, trafficking in persons, kidnap, organized crime; and when necessary to protect the victim, always respecting the defendant’s rights. the public prosecution service shall ensure the protection of victims, offended parties, witnesses and all others who take part in the trial. the judges are obliged to oversee proper compliance with this obligation. the victim can request the necessary precautionary measures to protect his rights. the victim can contest, before the judicial authority, the public prosecution service’s omissions in the criminal investigation, as well as the resolutions with reservation, lack of exercising, abandonment of criminal prosecution or proceeding suspension when redress has not been completed. article 21 it is the public prosecution service’s responsibility to investigate crimes together with police bodies, who shall work under the public prosecution service’s command. the exercise of the criminal prosecution before the courts is exclusive to the public prosecution service. the law shall define the cases in which civilians can exercise criminal prosecution before the judicial authority. only judicial authority can impose penalties, modify them and state the pertinent term for them. it is the administrative authority’s responsibility to apply the penalties for breaking the regulations. such penalties may be fines, arrest up to thirty-six hours or community work. the fine may be exchanged by the appropriate incarceration term, which shall never exceed thirty-six hours. if the offender is a laborer, worker or employee, he may not be fined for an amount exceeding one day of wage. if the offender is not a salaried worker, the fine shall not exceed the amount equivalent to one day of his income. the public prosecution service can state exceptions to support exercising of criminal prosecution in the cases and conditions set forth by the law. the president of the mexican republic can accept the jurisdiction of the international criminal court, provided that he has obtained senate’s approval. public security is a responsibility of the federation, the federal district, the states and the municipal councils. public security includes prevention of crimes, investigation and prosecution, as well as punishment for breaking the administrative rules, according to the law and the respective provisions stated in this constitution. performance of the institutions in charge of public security shall be ruled by the principles of legality, objectivity, efficiency, professionalism, honesty and respect to the human rights acknowledged by this constitution. institutions in charge of public security shall be of a civil nature, disciplined and professional. the public prosecution service and the police forces of three government levels shall coordinate each other to guarantee public security. they shall constitute the public security national system, which shall be subjected to the following provisions: there should be a regulation for selection, admission, training, continuance, evaluation, appreciation and certification of the members of public security institutions. the federation, the federal district, the states and municipal councils shall operate and develop public security actions in the field of their respective powers. there should be a criminal and personnel database for the public security institutions. no one can be recruited unless he has been duly certified and registered in the system. there should be public policies intended to the prevention of crimes. the community shall participate in processes like evaluation of the public security institutions and the policies intended to prevent crime. funds for public security, provided by the federal government to the states and municipal councils shall be exclusively used for that purpose. article 22 penalties of death, mutilation, infamy, marks, physical punishments, torture, excessive fines, confiscation of assets, and other cruel punishments are prohibited. every penalty shall be in proportion to the crime committed and to the legally protected interest. appropriation of assets shall not be considered as confiscation when such appropriation is ordered by the authority for the payment of taxes, fines or civil liability. appropriation in the following cases shall not be deemed as confiscation: a) appropriation of property ordered by the judicial authority under the terms provided by article 109 in case of illicit enrichment; b) appropriation of seized goods that were abandoned by the owner; and c) appropriation of goods, which ownership has been declared extinct by a sentence. in the event of ownership extinction, there shall be a procedure according to the following regulations: ownership extinction procedure shall be jurisdictional and autonomous from the criminal proceedings. ownership extinction procedure shall be applied in cases of organized crime, drug trafficking, kidnapping, car theft, human trafficking and illicit enrichment. ownership extinction procedure is to be applied to the following goods: those goods that are instrument, object or product of a crime, even though criminal responsibility has not been established by a sentence, as long as there is enough evidence to determine that the crime has occurred. those goods that are not part, instrument or product of a crime but that have been used to hide or mix crime assets, provided that the elements established in the previous clause have been met. those goods that have been used for the perpetration of a crime by a third party, if the owner was aware, but he did not notify to the proper authority or he did not try to stop it. those goods that are the property of third parties, but there are enough elements to conclude that they are the product of patrimonial or organized crime, and the accused of such felonies behaves like the owner. the affected person can use the appropriate legal instrument to demonstrate the licit origin of the goods, the good faith and the ignorance about misuse of the goods. article 23 no criminal trial shall have more than three instances. no one can be tried twice for the same crime, whether he was acquitted or convicted. acquitting form the instance is prohibited. article 24 every person has the right to have freedom of ethical convictions, of conscience and of religion, and to have or to adopt, as the case may be, the one of her preference. such freedom includes the right to participate, individually or collectively, in both public and private ceremonies, worship or religious acts of the respective cult, as long as they are not a felony or a misdemeanor punished by law. no person is allowed to use these public acts of religious expression with political ends, for campaigning or as means of political propaganda. congress cannot dictate laws that establish or abolish any given religion. ordinarily, all religious acts will be practiced in temples, and those that extraordinarily are practiced outside temples must adhere to law. article 25 the state shall command the development of the nation to: be integral and sustainable; strengthen national sovereignty and democracy; and, through competitiveness, fostering economic growth, employment rates and a fair distribution of income and wealth, to allow the full exercise of liberty and dignity to individuals, groups and social strata, which security is protected by this constitution. competitiveness shall be understood as those conditions necessary to generate increased economic growth while promoting investment and job creation. the state shall promote the stability of public finances and of the fiscal system to create favorable conditions for economic growth and employment. the national development plan, the states and municipals plans shall follow this principle. the state shall plan, conduct, coordinate and direct national economic activity and shall carry out the regulation and promotion of the activities required by public interest within the frame of liberties established by this constitution. the public, social and private sectors shall contribute to the national economic development, with social responsibility, without detriment to other forms of economic activity that contribute to the development of the country. the public sector shall exclusively be in charge of those strategic areas established in article 28, paragraph fourth of the constitution. the federal government shall at all times keep ownership and control over agencies and public productive corporations that have been established. in the case of planning and control of the national power system, the public power transmission and distribution systems, as well as the exploration and exploitation of oil and other hydrocarbons, the nation shall be empowered to carry on those activities pursuant to paragraphs sixth and seventh of article 27 of this constitution. in the aforementioned cases, a law shall establish the rules concerning the administration, organization, functioning, procurement and other legal acts to be executed by the state-owned companies, as well as the remuneration regime for the personnel, to guarantee its efficiency, efficacy, honesty, productivity, transparency and accountability in accordance with best practices; the law shall also determine other activities that they may carry out. likewise, the state may, alone or together with the social and private sectors, stimulate and organize such areas, which are a priority for development, in accordance with the law. social and private sector enterprises shall be supported and fostered under criteria of social equity, productivity and sustainability, subject to the public interest and to the use of the productive resources for the general good, preserving them and the environment. the law shall establish mechanisms to facilitate organization and expansion of economic activity of the social sector: farming cooperatives (ejidos), workers’ organizations, cooperatives, rural communities, enterprises which are majority or exclusively owned by workers and, in general, all the different social organizations for production, distribution and consumption of such goods and services that are necessary for society. the law shall promote and protect economic activities carried out by private parties and it shall also generate those conditions necessary to foster private sector growth leading to the benefit of national economic development, promoting competitiveness and implementing a national policy aimed at industrial development that shall include sectorial and regional components, according to the terms set forth by this constitution. article 26 the state shall organize a democratic planning system to support national development, which shall provide solidity, dynamism, competitiveness, continuity and equity to economic growth for the political, social and cultural independence and democratization of the nation. national objectives included in this constitution shall determine national planning. national planning shall be democratic and deliberative. through the democratic participation mechanisms, the planning system shall collect the different aspirations and demands from the whole society to include them into the development programs and to the national development plan. all the programs carried out by the federal government must be subjected to the national development plan. the law shall empower the president of the republic to establish the appropriate procedures of popular participation and consultation for the national democratic planning system, as well as the criteria to prepare, implement, control and assess the development plan and programs. the law shall determine which agencies shall be responsible for the planning process and shall also determine the basis upon which the president of the republic shall coordinate, through agreements with state governments and through agreement with private parties, the activities intended to prepare and implement the national development plan. the national development plan shall take into consideration the continuity and necessary adaptations of the national policy for the industrial development, paying attention to sectorial and regional considerations. the law shall define the intervention of the mexican congress in the democratic planning system. the state shall have a national system of statistical and geographical information, which shall provide official data. all data contained in this system shall be used mandatorily for the federation, the states, the federal district and the municipal councils, according to the law. the national system of statistical and geographical information shall be ruled and coordinated by an organism, which shall have technical, and management autonomy, legal personality and its own assets. such organism will have the necessary powers to regulate data collection, processing and publication of information. the organism shall have a board of government composed by five members, one of them shall be the chairman of both the board and the organism. the five members shall be designated by the president of the united mexican states and approved by the senate, or by the permanent committee during recess. the law shall define the organization and functioning of the national system of statistical and geographical information, according to the principles of access to information, transparency, objectivity and independence. the law also shall establish the requirements to become a member of the board, as well as the tenure term and the staggered renewal of the members. the members of the board may be removed only due to a serious cause. they cannot have any other job, position or assignment, except for unpaid services in educational, scientific, cultural or altruistic institutions. board members shall be subjected to that established in the title four of this constitution. the state shall establish a national council for the evaluation of the social development policy, that shall be an autonomous entity with legal personality and own assets. this council shall be responsible for the poverty measurement and the evaluation of programs, objectives, goals, actions of the policies related to social development, the council may also issue recommendations according to the terms established by law, which also states the coordination mechanisms between this entity and the federal, local and municipal authorities to exercise its functions. the national council for the evaluation of the social development policy shall be formed with one president and six councilors that shall be mexican citizens with recognition for their work in the private or social sector, the academia or by their professional merits. they shall have at least ten years of experience in the social development sector and they must not be affiliated with any political party or have been a candidate for public office through electoral process. the councilors shall be appointed by two thirds of the present members of the chamber of representatives, according to the procedures established by law. the mexican president may object the appointment within ten business days, if the president does not present any objection, the person appointed shall occupy the office of councilor. every four years, the two councilors with higher seniority shall be substituted unless they were nominated and appointed for a second term in office. the president of the national council for the evaluation of the social development policy shall be appointed in the same manner as the previous paragraph and shall be in office for five years after this period, he/she could be reelected for one more period and may only be removed in the terms stated in the fourth title of this constitution. each year, the president of the national council for the evaluation of the social development policy shall present a report of activities before both chambers of the congress according to the law provisions. article 27 the property of all land and water within national territory is originally owned by the nation, who has the right to transfer this ownership to particulars. hence, private property is a privilege created by the nation. expropriation is authorized only where appropriate in the public interest and subject to payment of compensation. the nation shall at all time have the right to impose on private property such restrictions as the public interest may demand, as well as to regulate, for social benefit, the use of those natural resources which are susceptible of appropriation, in order to make an equitable distribution of public wealth, to conserve them, to achieve a balanced development of the country and to improve the living conditions of rural and urban population. consequently, appropriate measures shall be issued to put in order human settlements and to define adequate provisions, reserves and use of land, water and forest. such measures shall seek construction of infrastructure; planning and regulation of the new settlements and their maintenance, improvement and growth; preservation and restoration of environmental balance; division of large rural estates; collective exploitation and organization of the farming cooperatives; development of the small rural property; stimulation of agriculture, livestock farming, forestry and other economic activities in rural communities; and to avoid destruction of natural resources and damages against property to the detriment of society. the following elements are the property of the nation: all natural resources of the continental shelf and the seabed of the islands; all minerals and substances that are in seams, layers, masses or deposits and that have a nature different from the components of the soil, such as minerals from which metals and metalloids are extracted; beds with gemstones or salt; salt mines formed by sea water; the products derived from rock breaking, when their exploitation requires underground works; minerals or organic deposits susceptible to be utilized as fertilizers; solid mineral fuels; petroleum and all solid, liquid or gaseous hydrocarbons; and the space located over national territory, according to the extension and terms established by international law. the following elements are the property of the nation, according to the extension and terms established by international law: waters of the territorial sea; internal sea waters; waters of lagoons and estuaries permanently or intermittently connected with the sea; waters of natural lakes which are directly connected with streams constantly flowing; river and affluent waters, from the site where the first permanent, intermittent or torrential waters start to flow, to the mouth in the sea, lakes, lagoons or estuaries owned by the nation; waters of the continuous or intermittent currents and their direct or indirect affluent, whenever their bed serves as border of national territory or between two states, or when they flow from one state to another or cross the country’s border; waters of lakes, lagoons or estuaries, which vessels, zones or shores are crossed by borderlines dividing one or more states or between the country and a neighboring country, or when the shoreline serves as a border between two states or between the country and a neighboring country; waters of springs flowing from beaches, maritime areas, streams, vessels or shores; waters extracted from mines; and the internal beds, shores and banks. underground waters may be freely extracted by artificial works and may be appropriated by the owner of the land. however, when the public interest so requires or whenever other uses are affected, the president of the republic may regulate extraction and use of underground waters and, even, establish prohibited zones. the same criteria shall apply to other waters belonging to the nation. any other waters not included in the foregoing list, shall be considered as an integral part of the land through which they flow. nevertheless, if such waters are located in two or more properties, their use shall be considered as public, complying with provisions issued by the states. in the cases referred to in the two previous paragraphs, the dominion by the state shall be inalienable and imprescriptible, and the exploitation, use or development of those resources, be that by individuals or by corporations incorporated in accordance with mexican laws, shall not be carried out but through concessions granted by the federal executive in accordance with the rules and requirements so established by the laws; exception be made of broadcasting and telecommunications concessions, which shall be granted by the federal telecommunications institute. legal norms regarding works or efforts to exploit minerals and others substances referred to in paragraph four shall govern the execution and oversight of those carried out, or that ought to be carried out as of their entry into force, regardless of the granting date of the concessions, and the breach thereof shall result in the termination of the concessions. the federal government is empowered to establish and revoke national reserves. such declarations shall be made by the executive in those cases and under the conditions set forth by the laws. no concession shall be granted in the case of radioactive minerals. the nation shall exclusively carry out the planning and control over the national electric system, and over the power transmission and distribution utilities. no concession shall be granted in these activities, notwithstanding the power of the state to execute contracts with private parties in accordance with the laws, which shall determine the ways in which private parties may participate in all other activities related to the electric power industry. in the case of petroleum and solid, liquid or gaseous hydrocarbons found underneath the surface, dominion by the nation shall be inalienable and imprescriptible, and no concessions shall be granted. in order to obtain revenue for the state and contribute to the long-term development of the nation, the sate shall explore for and exploit oil and other hydrocarbons through assignment to productive state-owned companies, or through contracts to be executed with them or private parties, in accordance with the implementing law. to fulfill the purpose of said allocations and contracts, the productive state-owned companies may enter into contracts with private parties. in any event, subsoil hydrocarbons shall remain property of the nation and it shall be so expressed in the allocation and contracts. only the state can use nuclear minerals to generate nuclear energy. the state shall regulate the use of nuclear minerals. nuclear energy will be used only for peaceful goals. the nation has sovereign rights and jurisdiction on the exclusive economic zone, situated outside and beside the territorial sea. the exclusive economic zone stretches from the seaward edge of the country’s territorial sea out to two hundred nautical miles. in cases where said zone should produce a superposition over the exclusive economic zones of other countries, fixing of the boundaries shall be done through agreements with such countries. the legal capacity to own nation’s lands and waters shall be governed by the following provisions: only mexicans by birth or naturalization and mexican companies have the right to own lands and waters, and to obtain exploitation licenses for mines and waters. the state may grant the same right to foreigners, provided that they agree before the ministry of foreign affairs to consider themselves as mexicans regarding such property and not to invoke the protection of their governments in reference to said property, under penalty of forfeiting the property in favor of the country. foreigners cannot acquire properties within the zone that covers one hundred kilometers along the international borders and fifty kilometers along the beach. the state can authorize foreign states to acquire real estate for their embassies or legations in the same city where federal government powers reside, in accordance to the principle of reciprocity and to the national public interest and at consideration of the foreign affairs ministry. religious associations, created in accordance with the terms provided in article 130 and its regulatory law, can acquire, possess or manage properties essential for their religious activities. public and private charitable institutions, devoted to public assistance, scientific research, education, mutual assistance to their members, or any other lawful purpose cannot acquire other real estate than that which is essential to fulfill their objective, according to the regulatory law. corporations based on shares can own rural lands, but only in the extension necessary to fulfill their objective. the maximum area of land that such class of companies can hold in ownership for agricultural, livestock farming or forest activities is equivalent to twenty five times the limits specified in section xv of this article. the law shall determine the capital structure and minimum number of shareholders so that the lands owned by each shareholder do not exceed the limits established for small rural property. all individual rural properties, based on shares, will be cumulative for this purpose. likewise, the law shall establish the requirements for the participation of foreigners in said corporations. the law shall establish the registration and control procedures required to comply with the provisions of this section. duly authorized banks, in accordance with the credit institutions law, can have capital imposed on urban and rural properties, but they cannot hold in property or in management, any more real estate than that which is entirely necessary to fulfill their direct objective. the federal district, the states and municipal councils shall have full legal capacity to acquire and possess all the real estate required for public services. federal and state laws, according to their respective jurisdiction, shall establish the cases in which expropriation of private property is necessary for the public welfare, issuing the corresponding statement. compensation for expropriation shall be based on the property value registered in the records of the land registry or tax collector’s office, regardless such value has been defined by the owner or by the state and tacitly accepted by owner when paying taxes. only the increased or decreased value of said private property, due to any improvements or deteriorations made after the tax appraisal, can be subjected to assessment by experts and to judicial resolution. objects, which value is not fixed in tax collector’s office, can also be subjected to assessment by experts and to judicial resolution. the nation shall execute the actions established in this article through judicial proceedings. during said proceedings and under the appropriate court’s order, which shall be issued within one month, administrative authorities shall occupy, manage, auction or sell the lands or waters in question along with their appurtenances. in no case may such actions be revoked by the corresponding authorities before the execution sentence is pronounced. the legal capacity of farming cooperatives and communal land is recognized and their ownership over the land is protected, whether for human settlements or for productive activities. the law shall protect the wholeness of the indigenous groups’ lands. in order to promote respect and strengthening of the community life of farming cooperatives and communal land, the law shall protect the lands for human settlements and shall regulate the uses of communal lands, forests and waters. the state shall implement actions to improve the quality of life of in such communities. the law shall regulate the exercise of indigenous peoples’ rights over their land and of joint-title farmers over their parcels, respecting their will to adopt the best conditions for the use of their productive resources. the law shall establish the procedures whereby the members of a cooperative and indigenous people may: associate among themselves or with the state or with third parties; grant the use of their lands; transfer their land rights to other members of their rural community, in the event of farming cooperative. the law shall also set forth the requirements and procedures whereby the cooperative assembly shall grant their members private rights over land. in cases of transfer of ownership, the right of preference set forth by the law shall be respected. within a same rural community, no member of a cooperative can hold land exceeding five percent of the total land belonging to the farming cooperative. land ownership must always adjust to the restrictions established in section xv. the general assembly is the supreme authority of the farming cooperative or indigenous community, within the organizational structure and powers granted by law. the communal property commission is a body democratically elected according to the terms provided by the law. it is the representative organ of the farming cooperative and the one responsible to carry out the assembly’s decisions. restitution of lands, forests and waters to rural communities shall be done according to the terms provided in the law. the following actions are null and void: all appropriation of lands, waters and mountains from towns, villages, settlements or communities, made by political chiefs, governors or any other local authority in contravention of the law published on june 25, 1856, and other applicable laws and provisions; all concessions, arrangements or sales of lands, waters or mountains, made by the secretariat of public works, the department of the treasury or any other federal authority from the first day of december, 1876, to this date, which have illegally invaded farming cooperatives, indigenous land or lands of any other kind belonging to towns, villages, hamlets or communities. all demarcation procedures, transactions, transfers or auctions performed during the period mentioned in previous paragraph and made by companies, judges or federal or state authorities, which have illegally invaded farming cooperatives, indigenous land or lands of any other kind belonging to towns, villages, hamlets or communities. the only lands excepted from the nullity herein mentioned are those which have been distributed in accordance with the law published on june 25, 1856, and have been owned for more than ten years, provided that the area does not exceed fifty hectares. division or distribution made with error or vice among neighbors of a rural settlement may be annulled at the request of the three quarters of the neighbors who possess one quarter of the lands in question; or at the request of one quarter of the neighbors who possess three quarters of the lands in question. (repealed by the decree published on january 6, 1992) (repealed by the decree published on january 6, 1992) (repealed by the decree published on january 6, 1992) (repealed by the decree published on january 6, 1992) large rural estates are prohibited in the united mexican states. small agricultural property is defined as the land which area does not exceed one hundred hectares of irrigated or damp soil per person, or the equivalent in other kind of soil. equivalence: one hectare of irrigated soil equals two hectares of seasonal soil equals four hectares of good quality pastureland equals eight hectares of forest, mountain or arid pastureland. the following properties are also considered as small agricultural property: a) up to one hundred and fifty hectares per person when the ground is dedicated to cotton cultivation if the lands are irrigated; b) up to three hundred hectares when dedicated to cultivate banana, sugar cane, coffee, henequen, rubber, palm, grapevine, olives, quinine, vanilla, cacao, agave, prickly pear or fruit trees. small livestock property is defined as the area that does not exceed the land necessary to maintain up to five hundred heads of big livestock or the equivalent in small livestock per person, in accordance with the law and with the fodder capacity of the soil. when the owners or users improve the quality of land by reason of irrigation, drainage or any other works, the land will still be considered as small agricultural property, even if it exceeds the maximum limits established for good quality lands, provided that the requirements established by the law are met. if the owner or user of a small livestock property improves the land and uses it for agricultural purposes, the area so utilized shall not exceed the limits mentioned under paragraphs second and third of this section corresponding to the quality of said lands before the improvement. (repealed by the decree published on january 6, 1992) federal and state congresses shall enact laws establishing the procedures to transfer and divide out into plots large areas of land exceeding the limits set forth under sections iv and xv of this article. excess land shall be partitioned and sold by the owner within a term of one year from the date of notification. if at the end of such term the excess land has not been transferred, it shall be sold by public auction. under equal conditions, the right of preference established in the statutory law shall be respected. local laws shall organize the family estate, establishing which properties and goods must compose it. family estate shall be inalienable and unencumbered all contracts and concessions executed by previous governments, since 1876 to date, which have resulted in monopolization of national lands, waters and natural resources, under one sole person or company are declared subject to review, and the president of the republic is empowered to declare any of them null and void whenever they imply a serious damage to public interest. based on this constitution, the state shall establish the measures required to provide agrarian justice in a prompt and honest manner, in order to guarantee legal certainty in land ownership. the state shall provide legal advisers for farm workers. all conflicts that could arise or are pending between two or more communities related to land limits or land ownership, are under federal jurisdiction. the law shall establish agrarian courts vested with autonomy and full jurisdiction, which shall be made up of judges proposed by the president of the republic and approved by the senate or by the permanent commission during recess period. the law shall establish an agency that provides agrarian justice to peasant farmers. the state shall provide good conditions to achieve total development in rural communities, for the purpose of creating jobs, guaranteeing welfare of the peasant population and their participation in national development. the state shall stimulate agricultural, livestock and forestry activities for optimal uses of the land through infrastructure works, supply of raw materials, credits, training and technical support. the state shall also issue the statutory law for planning, organization, industrialization and marketing of agricultural and livestock production, since these are activities of public interest. the comprehensive and sustainable rural development referred to in the previous paragraph shall also include, among its aims that the state shall guarantee the sufficient and timely supply of basic nourishment established by law. article 28 in the united mexican states, all monopolies, monopoly practices, state monopolies and tax exemptions are prohibited. protectionist policies are also prohibited. consequently, the law shall severely punish, and authorities shall efficaciously police, all concentration or hoarding of articles deemed of necessary consumption in one or few hands, which purpose is to generate a price increase; every contract, procedure or combination of producers, industrialists, traders or service entrepreneurs resulting in restraint of free trade and competition among themselves, or forcing consumers to pay unreasonable prices, and, in general, any action resulting in an exclusive, unwarranted advantage in favor of one or many determined persons with prejudice for the general public or a social class. the laws shall establish bases to set maximum prices for articles, commodities or products considered as essential for the country’s economy or for popular consumption. such laws shall also define distribution of said articles, commodities and products, in order to prevent that unnecessary or excessive intermediation cause shortage or price increases. the law shall protect and promote the organization of consumers for the better protection of their interests. the functions carried out by the state in an exclusive manner in the following strategic economic sectors shall not be considered monopolistic: post, telegraph, radiotelegraphy; radioactive minerals and nuclear power generation; planning and control of the national power system and the public power transmission and distribution systems; the exploration and exploitation of oil and other hydrocarbons, pursuant to paragraphs six and seven of the 27th article of this constitution, as well as any other activity expressly determined by the laws issued by congress. . satellite communications and railroads are priority areas for national development, in accordance with article 25 of this constitution. the state shall protect national security and sovereignty when exercising its ruling power and, when granting concessions or permits, it shall maintain or establish its dominion of the means of communication in accordance with applicable laws. the state shall have the agencies and companies required to efficiently manage the strategic and priority areas, where it may participate alone or together with the private and social sectors. the state shall have a central bank that shall be autonomous in the exercise of its functions and its administration. its primary objective shall be to attain the stability of the purchasing power of the national currency, strengthening the guiding role of the state with regard to national development. no authority can order the central bank to provide financing. the sate shall have a public trust denominated mexican oil fund for stabilization and development, which fiduciary agent shall be the central bank, that will be tasked, under the terms set forth by the laws, with receiving, managing and distributing revenues—taxes excluded—derived from allocations and contracts referred to in paragraph seven of article 27 of this constitution. those functions carried out exclusively by the state through the central bank in the strategic areas of coining and note printing, shall not be deemed monopolistic. the central bank shall regulate exchange rates, as well as banking and financial services, in accordance with the law and with the intervention of any competent authorities. the central bank shall have all the necessary powers to carry out said regulation and the enforcement thereof. the management of the central bank shall be entrusted to the persons appointed by the president of the republic with the consent of the senate or the permanent committee, as the case may be. they shall hold office for the terms which duration and staggered sequences are best suited to the autonomous exercise of their duties; they may only be removed for a serious cause and they cannot hold any other employment, position or assignment, except for those in which they act in the name of the bank, and those unpaid activities carried out in educational, scientific, cultural or charitable organizations. the persons in charge of the central bank may be subjected to impeachment in accordance with the provisions established in the article 110 of this constitution. the executive branch shall have coordinated regulatory agencies for the energy sector, denominated national hydrocarbons commission and energy regulatory commission, in accordance with the terms set forth by the law. unions and workers associations will not be considered monopolies, which have been constituted to protect their own interests. producers’ cooperatives or associations will not be considered monopolies either, provided that their objective is to sell directly in foreign markets the domestic and industrial products which are the main source of wealth in the region where they are produced or which are not essential products. such associations shall always be under the supervision or protection of federal or state government and shall obtain the previous authorization from the appropriate legislative body. such legislative bodies can repeal any authorization granted to constitute the associations in question, by themselves or by the president of the republic’s request. privileges granted for a given period of time to authors and artists for them to produce their pieces of work and to inventors and those individuals who improve inventions will not be considered monopolies. the state can grant concessions for the provision of public services or for the exploitation and use of property owned by the nation, except for the exceptions established by the law. the laws shall set forth the requisites and conditions to guarantee that licensed services will be efficient and goods will be used for society’s interest. the laws shall prevent concentration of state property in private hands. concession of public services shall be carried out according to this constitution. subsidies can be granted to economic key activities, provided that such benefits general and temporary and do not impact substantially the nation’s finances. the state shall supervise application of subsidies and evaluate their results. the state shall have a federal economic competition commission, which shall be autonomous, shall have legal entity and its own assets, and shall guarantee free competition and maximized turnout to the marketplace, as well as prevent, investigate and police monopolies, monopolistic practices, economic concentrations and any other restrictions to the efficient operation of markets, in accordance with the constitution and the law. the commission shall have all the necessary powers to: efficaciously accomplish its task, including the power to issue orders to remove competition barriers and free access to the marketplace; regulate access to essential raw materials, and order divestment of certain assets, rights, stakes or shares of economic agents, in the proportion needed to remove anti-competitive effects. the federal telecommunications institute is an autonomous body, with legal entity and its own assets, tasked with the efficient development of broadcasting and telecommunications in accordance with this constitution and the provisions set forth by the laws. to that end, it shall regulate, promote and oversee the use, enjoyment and exploitation of the radio electric spectrum, the networks and the performance of broadcasting and telecommunication services, as well as the access to active and passive infrastructure and to other essential materials, to guarantee what this constitution provides in articles 6 and 7. the federal telecommunications institute shall also: be the authority with competence on economic competition for the broadcasting and telecommunications sectors, where the institute shall exclusively exercise the powers established in this article and the laws in favor of the federal economic competition commission; regulate participants in those markets asymmetrically to efficaciously eliminate barriers to competition and free access to the marketplace; set limits to the national and regional concentration of frequencies, concessions and cross-ownership as a means to control several media units with broadcasting and telecommunication concessions serving a given market or geographical coverage area; and order the divestment of assets, rights or quotas necessary to secure compliance of these limits, to guarantee what this constitution provides in articles 6 and 7. the institute shall have the power to grant, revoke, as well as authorize assignment, changes of control, ownership or operation of legal entities in connection with broadcasting and telecommunications concessions. the institute shall notify the secretary of the corresponding jurisdiction prior to rendering a decision, who may issue a technical opinion on the matter. concessions may be for commercial, public, private or social use, the latter including community and indigenous use, in accordance with their purpose, and subject to the principles set forth in articles 2, 3, 6 and 7 of this constitution. the institute shall set the amount of consideration to be paid for the award of these concessions, as well as for the authorization of services related to them, after receiving the opinion of the treasury authority. the opinions aforementioned shall not be binding and shall be issues within thirty days; once that term is elapsed, should the opinions be still pending, the institute shall proceed with the corresponding proceeding. all concessions of radio electric spectrum shall be granted through a public call for bids, to ensure maximum participation, taking into consideration concentration phenomena to the detriment of public interest, and securing the least price level for final consumers; the economic factor shall not have controlling weight in the concession award decision-making process. concessions for public or social use will be nonprofit and shall be awarded directly in accordance with the law and under conditions that shall guarantee transparency in the proceedings. the federal telecommunications institute shall keep a public registry of all concessions. a statute shall provide for an effective punitive scheme that will include, as grounds for revoking the concession, among others, the breach of final resolutions in cases of anti-competitive conduct. when revoking a concession the institute shall serve prior notice to the federal executive to allow, eventually, the exercise of its power as needed to secure the continuity of service. the federal telecommunications institute shall guarantee that the federal government is awarded with all necessary concessions for the discharge of its functions. the federal economic competition commission and the federal telecommunications institute shall be independent agencies in their functioning and decision-making processes, professional in the performance of their roles, and impartial in their proceedings; and shall be subject to the following [rules and standards]: they shall issue their resolutions with full independence; they shall execute their budget autonomously. the house of representatives shall guarantee sufficient; budgetary allocations to allow a timely and efficacious discharge of their competences they shall enact their respective organizational charters with a special majority vote; they may only issue general administrative regulations for the discharge of their regulatory functions in their respective sectorial competence; the law shall guarantee, within each agency, the separation between the investigative and the adjudicating authorities in those proceedings of a contentious nature; their boards shall meet the transparency and access to information standards. they shall deliberate en banc, and shall decide by majority vote; their sessions, agreements and resolutions shall be public with the exceptions to be determined by law; the general regulations, acts or omissions by the federal economic competition commission and the federal telecommunications institute may only be subject to challenge through indirect constitutional adjudication [amparo indirecto], and shall not be subject to injunctive suspension. only in those cases in which the federal economic competition commission imposes fines or orders divestment of assets, rights, quotas or shares, these decisions shall only be enforced once the constitutional injunction proceedings, if any, is resolved. resolutions rendered through adjudicative proceedings may only be challenged if they are final, on the grounds of breaches committed during the proceedings or in the resolution itself; general regulations applied during the proceeding may only be challenged through the constitutional injunction initiated against such general regulation. specialized judges and courts pursuant to article 94 of this constitution shall hear constitutional injunctions. no ordinary or constitutional appeals shall be admitted against interlocutory acts; the heads of the agencies shall present to the executive and legislative branches an annual working plan and an account of their activities every trimester; they shall appear before the senate annually, and before both chambers of congress pursuant to article 93 of this constitution. the federal executive may request to either chamber of congress the appearance before them of the heads of these agencies; the law shall promote governmental transparency in these agencies under principles of digital government and open data; remuneration to be perceived by commissioners shall be adjusted in accordance with article 172 of this constitution; commissioners may be removed from their posts by the senate with a two-thirds vote of its present members, on the grounds of gross fault in the discharge of their functions and in accordance with the provisions of the law; and each agency shall have an internal comptroller whose head shall be appointed by the house of representatives by a two-thirds vote of its present members, in accordance with the terms set forth by the law. the governing bodies of both the federal economic competition commission and the federal telecommunications institute shall have seven commissioners, including the presiding commissioner, to be appointed staggered upon the proposal of the federal executive with the consent of the senate. the presiding commissioner of each agency shall be selected by the senate among the commissioners with a two-thirds vote of its present members, to serve for a four-year term, with only one reelection. when the appointment of the presiding commissioner falls upon a commissioner whose term is to finish before the four-year term, then the presidency shall only last for the remainder of his term as commissioner. commissioners must meet the following requirements: be a natural born mexican citizen and enjoy both civil and political rights; be of 35 years of age; enjoy a good reputation and have no record of convictions for voluntary felony or crime with a sentence of more than one year; have a graduate degree; have at least three years of distinguished professional, public service or academic track-record substantially connected to economic competition, broadcasting or telecommunications, as it may correspond; substantiate, in accordance with this provision, the technical knowledge required to discharge the responsibilities of the position; not having been appointed, during the year prior to the appointment, secretary of state, attorney general of the republic, senator or representative either at the federal or local level, governor of any state, or head of government of the federal district; and, in the case of the federal economic competition commission, not having had employment, appointment or managerial positions in companies that had been subject to any proceeding leading to sanctions before said agency in the previous three years. in the case of the federal telecommunications institute, not having had employment, appointment or managerial positions in companies owned by commercial or private concessionaires or entities related to them, subject to the regulations of said institute in the previous three years. commissioners shall refrain from performing under any other employment, work, public or private commission, except for teaching positions; they shall refrain from hearing cases in which they may have a direct or indirect stake pursuant to applicable law, and shall be subject to the accountability regime set forth in title four of this constitution and impeachment. a statute shall regulate the modality under which commissioners may have contact with people representing regulated economic agents to discuss matters of their competence. commissioners shall serve for nine years and under no circumstances will they be appointed for a second term. in case of vacancy of any position, a replacement shall be appointed to complete the remainder of the term, pursuant to the procedure set forth in this article. candidates to the position of commissioner shall substantiate their compliance with the requirements set forth above before an evaluation committee formed by the heads of the bank of mexico, the national institute for educational evaluation and the national geographical and statistical institute. to that end, the evaluation committee shall hold hearings every [time] a vacancy opens, shall decide by majority vote and shall be presided by the most senior head of agency, who will have a quality vote. the committee shall issue public calls to fill the vacancy. it shall verify candidates’ compliance with the requirements set forth in this article and shall further administer a test of knowledge in the field to be taken by those candidates that meet them. the proceedings must observe transparency, publicity and maximized turnout standards. to prepare the test on knowledge, the evaluation committee shall consider the opinion of at least two higher education institutions and shall follow the best practices in the field. the evaluation committee shall send, to cover each vacancy, a list with a minimum of three and a maximum of five candidates with the highest scores. in case of not reaching the minimum number of candidates, a new public call for candidates shall be issued. the executive shall select, from among the candidates in the list, the one to be proposed to the senate for its consent. consent by the senate shall be given with a two-thirds vote of the present members, within thirty business days as of the day of filing of the proposal. when in recess, the permanent commission shall summon the senate. in case the senate rejects the candidate proposed by the executive, the president of the republic shall submit a new proposal in accordance with the previous paragraph. this procedure shall be repeated, as many times as needed should new rejections take place, until there is only one candidate approved by the evaluation committee in the list, who shall then be directly appointed commissioner by the executive. no act pertaining to the selection and appointment of commissioners proceedings shall be subject to challenge. article 29 in case of invasion, serious breach of the peace or any other event which may place society in severe danger or conflict, only the president of the republic can suspend, throughout the country or in a certain region, those constitutional rights and guarantees which may constitute obstacles for the state to face the situation easily and rapidly as required by the emergency. for this purpose, the president must obtain the congress of the union’s approval, or in the recess, the permanent committee’s approval. such suspension of constitutional rights and guarantees shall be temporary through general provisions, never can a suspension be applied on a single person. if suspension of constitutional rights and guarantees is requested within the period when the congress is working, it shall grant the necessary authorizations for the president to cope with the situation. however, if suspension is requested during the congress recess, the congress will be convened immediately so it can agree about the authorizations required. however, the decrees enacted under the situations described in the previous paragraph cannot restrict or suspend the exercise of the following rights and principles: the right to non-discrimination, the right to legal personality, the right to life, the right of personal integrity, the right of protection to the family, the right to have a name, the right to have a nationality, the children’s rights, the political rights, the freedom of thought, the freedom of religion, the principles of legality and retroactivity, the prohibition on the death penalty, the prohibition on slavery and servitude, the prohibition of disappearance and torture, nor the judicial guarantees that are necessary to protect these rights and principles. restriction or suspension of constitutional rights and guarantees should be based and justified on the provisions established by this constitution, should be proportional to the danger, and should observe the principles of legality, rationality, notification, publicity and non discrimination. when the restriction or suspension of the constitutional rights and guarantees ends, because the deadline was met or the congress so ordered, all legal and administrative measures taken during the restriction or suspension will be void immediately. the president of the republic cannot make comments to the decree, through which the congress revokes the restriction or suspension of the constitutional rights and guarantees. the decrees enacted by the president of the republic, during the restriction or suspension of the constitutional rights and guarantees, shall be immediately reviewed by the supreme court of justice of the nation, which shall rule on their constitutionality and validity as soon as possible. chapter ii. mexican nationals article 30 mexican nationality is acquired by birth or by naturalization. the mexican nationals by birth are: those born in the mexican territory, regardless of their parents’ nationality; those born in a foreign country which are sons/daughters of mexican parents born in national territory, of mexican father born in national territory, or of mexican mother born in national territory; those born in a foreign country which are sons/daughters of mexican parents by naturalization, of mexican father by naturalization, or of mexican mother by naturalization those born on board of mexican military or merchant vessels or aircrafts. the mexicans by naturalization are: those aliens who obtain a naturalization card from the department of foreign affairs. any foreign woman or man who marries a mexican man or woman and establishes residence inside the mexican territory, provided that foreigner complies with the other requirements set forth by the law for that purpose. article 31 obligations of the mexicans are: to make their children or pupils attend to the public or private schools to receive preschool, elementary, middle and higher education and the military [education] under the terms set by the law. to assist at the date and time established by the municipal council of their place of residence, to have civic and military training in order for them to be able to exercise their citizen rights and to have the appropriate knowledge about military discipline and fire arms handling. to join the nation guard, according to the pertinent organic law, in order to defend and assure the nation’s independence, territory, honor, rights and interest, as well as to maintain the domestic peace an order. to contribute to the public expenditures of the federation, the federal district, the states or the municipalities in which they have residence in the proportional and equity manners that the law has established. article 32 the law shall regulate the exercise of the rights that the mexican legislation grants to its citizens that also have a second nationality and shall issue norms to avoid double citizenship conflicts. the government positions and offices that by the terms established in this constitution it is required to be a mexican citizen by birth shall be reserved to those citizens that meet this criteria and that do not acquire another nationality. this provision shall also apply to the cases stated by other laws enacted by the mexican congress. during peacetime, foreigners shall neither serve in the army nor in the police or security bodies. during peacetime, only mexicans by birth can serve in the army, in the navy or in the air force as well can perform any employment or commission within such corporations. the same condition applies to captains, pilots, skippers, ship engineers, flight engineers and, in general, to every crew member in a ship or an airplane carrying the mexican flag. in the same way, only mexicans by birth can be port harbormasters, steersmen and airport superintendents. mexicans shall have priority over foreigners, under equal circumstances, for all kind of concessions, employments, positions or commissions of the government in which the status of citizenship is not indispensable. chapter iii. the foreigners article 33 the individuals that do not meet the criteria determined by article 30 shall be considered as foreigners. they shall be entitled to the human rights and guarantees conferred by this constitution. the president of the republic shall have the power to expel from national territory any foreigner, according to the law and after a hearing. the law shall establish the administrative procedure for this purpose, as well as the place where the foreigner should be detained and the time that the detention lasts. foreigners may not in any way participate in the political affairs of the country. chapter iv. the mexican citizens article 34 mexican citizens shall be those individuals who are considered as mexicans and fulfill the following conditions: to be at least 18 years old, and to have an honest way of life. article 35 rights of citizens: right to vote. to be elected for all popular election positions, having met all the requirements set by the law. the right to request registration of candidates before the electoral authority corresponds to the political parties, as well as citizens requesting independent registration and who meet the requirements, conditions and terms set by the law; right of assembly in order to peacefully participate in the country’s political affairs. right to join army or national guard in order to defend the country and its institutions under the law. right to petition to be appointed for any job or commission of the public service, having the qualities set by the law; to initiate laws, according to the terms and requirements established by this constitution and the law that governs the congress. the national electoral institute will have the faculties granted in this matter by law; and, to vote in the referendum about national importance topics, which will be subject to the following: they will be called by the congress of the union and requested by: the president of the republic; the equivalent to thirty three percent of the members of any of the chambers of the congress of the union; or the citizens, in an equivalent number, at least, to two percent of those subscribed in the voting registration list, under the terms set by the law. with the exception of the hypothesis mentioned in item c) above, the petition should be approved by the majority of each chamber of the congress of the union. when the total participation corresponds, at least, to forty percent of the citizens subscribed in the voters registration list, the result will be binding for the federal executive and legislative powers and for the competent authorities; the restriction of the human rights considered in this constitution, the principles of article 40 therein; the electoral matter; state income and expenses; national security and the organization, operation and discipline of the permanent army, may not be subject to popular consultation; the supreme court of justice of the nation will resolve, previous to the call by the congress of the union, about the constitutionality on the consultation matter; the national electoral institute will be directly in charge of verifying the requirement set in item c) of section 1st of this paragraph, as well as the organization, development, account and declaration of results; referendum will be performed on the same federal electoral day; the rulings of the electoral national institute may be challenged under the terms stated in section vi of article 41, as well as section iii of article 99 of this constitution; and, laws will set the necessary provisions to make this section effective. article 36 responsibilities of mexican citizens: to register himself at the respective tax office, declaring his property and profession or work. to register himself in the national citizen register, according to the law. the national citizen register, its organization and permanent functions, as well as the issuance of the document that certifies the mexican citizenship are public services under the state and citizen responsibility according to the provisions stated by the law. to join the national guard. to vote in the elections and the referendum under the terms set by the law; to hold a federal or state elective office, which shall never be unpaid. to be councilor, electoral assistant and jury in the municipal council. article 37 the mexican nationality by birth shall never be revoked. the mexican nationality by naturalization can be revoked in the following cases: if the person voluntarily acquires a foreign nationality, pretends to be foreign citizen when subscribing any public document, uses a foreign passport or accepts or uses nobility titles which imply submission to a foreign state. if the person lives abroad for five years in a row. mexican citizenship can be revoked in the following cases: if the person accepts or uses nobility titles issued by foreign governments. if the person voluntarily provides services to or performs an official function for a foreign government without approval of the federal executive. if the person accepts or uses foreign decorations without approval of the federal executive. the president of the republic, senators and representatives and supreme court justices may freely accept and use foreign decorations. if the person accepts titles or employment from other country’s government without approval of the federal executive, except by literary, scientific or humanitarian titles, which can be freely accepted. if the person helps a foreigner or foreign government against the nation in any diplomatic controversy or international court. in any other cases as prescribed by the laws. article 38 citizens’ rights and prerogatives can be suspended in the following cases: unjustifiably failure to comply with the duties imposed by article 36. this suspension shall last for one year and shall be imposed along with any other punishment which can be applied for such failure under the law. if the person is on trial for a crime that deserves physical punishment. in such a case suspension starts from the date the detention order was issued. if the person is serving time in prison due to vagrancy or customary inebriation, declared according to the law provisions if the person is a fugitive, from the moment in which the detention order has been issued to the moment when prosecution has expired. as a result of a sentence that imposes this suspension the law shall define the ways in which citizens’ rights will be revoked or suspended, as well as the recovery procedures. title two. chapter i. national sovereignty and form of state governance article 39 the national sovereignty is vested, originally and essentially, in the people. public power comes from the people and it is institutionalized for the people’s benefit. people, at all times have the inalienable right to change or modify its form of government. article 40 it is in the will of the mexican people to constitute into a representative, democratic, secular, federal, republic, made up by free and sovereign states in everything related to its domestic regime, but united in a federation established according to the principles of this fundamental law. article 41 people exercise sovereignty through the powers of the union and the state powers, according to the distribution of jurisdictions as it is established in this constitution and the respective states’ constitutions. the states’ constitutions, by no means shall challenge the stipulations and premises of the federal pact. the legislative and the executive branches of federal government shall be renewed by the means of free, authentic and periodical elections. such elections shall be subjected to the following principles: political parties shall be considered as entities of public interest. the legislation shall specify the norms and requirements for their legal registry and their participation in the electoral process, as well as their rights, duties and prerogatives entitled to them. the political parties’ main objectives shall be: a) to promote people’s participation in democracy, b) to contribute to the integration of national representative entities and as citizens organizations, c) to allow access by citizens to public power, according to their programs, principles and ideas and through universal, free, secret and direct vote, as well as the rules to guarantee gender equality on candidates to local and federal congress. only citizens can form a political party and may join, individually and freely to them. intervention of labor unions, social associations or any other group affiliation is prohibited. electoral authorities can intervene in the internal issues of political parties only within the scope of the law and this constitution. the national political parties will have the right to participate in the federal, local and municipal elections. the national political party that does not obtain, at least, three percent of the total valid votes emitted in any elections held for the renewal of the federal executive or the renewal of both the senate and the chamber of deputies will have its registration cancelled. federal law shall fairly provide national political parties with all necessary resources to carry out their political activities. the law shall also regulate financing system for the parties, in order to prevent private funding to prevail over public funding. public funding for political parties shall consist of: a) public financing directed to cover the expenses generated by their ordinary and permanent activities, b) public financing for electoral activities during electoral processes. public funding will be provided according to the law and the following principles: public funding directed to cover ordinary and permanent activities shall be established annually according to the following method: to multiply the total quantity of citizens registered in the electoral register by sixty five percent of daily minimum wage in the federal district. the thirty percent of the amount obtained by such calculus shall be equally distributed among political parties; seventy percent shall be distributed according to the vote percentage they have obtained at the previous house of representatives election. public financing for electoral activities in the year when president of the republic, senators and representatives are elected shall be equal to the fifty percent of public funding provided under the previous paragraph. public financing for electoral activities in the year when only representatives are elected shall be equal to the thirty percent of public funding provided under the previous paragraph. public funding for specific activities, related to education, training, socioeconomic and political research and publishing activities, shall be equal to the three percent of the total public financing for all parties according to paragraph “a” per year. the thirty percent of the amount obtained by such calculus shall be equally distributed among political parties and seventy percent shall be distributed according to the vote percentage they have obtained at the previous house of representatives election. the law shall define limits for spending in the internal process for candidate selection, as well as for electoral campaigns. the law shall also establish maximum limits for monetary contributions provided by sympathizers and affiliates. the law shall also establish procedures to control and monitor the origin and use of financial resources of the parties, and shall determine the measures to punish any illegal activity in this respect. the law shall establish procedures to help parties to pay their liabilities in the event that they lose registration, as well as to regulate the way their properties will be transferred to the state. national political parties have the right to use the media and social communication means permanently. independent candidates shall have access to prerogatives for their electoral campaigns according to the law. the national electoral institute shall be the only authority to manage media time for the state in radio and television to fulfill its own means and for the national political parties to exercise its rights, according to the law and to the following provisions: from the run-up to the election campaign until the election day, the national electoral institute shall get forty eight minutes daily, distributed in two to three minutes segments per hour in each radio station and television channel, according to the schedule defined in paragraph “d” of this section. in the period between the run-up for the internal election and the beginning of the electoral campaign, the fifty percent of the time in radio and television shall be distributed to the goals and objectives of the electoral authorities and the remaining minutes shall be distributed to air generic messages from the political parties in the terms established by law. during run-up, political parties shall get, jointly, one minute per transmission hour at each radio station and television channel. the remaining time shall be used according to the law. during electoral campaigns, the media shall allocate at least eighty-five per cent of the time established in paragraph “a” of this section to political parties and candidates to guarantee their rights. transmissions about political parties in each radio station and television channel shall be distributed between 06:00 and 24:00 hours. according to the rights of the political parties and, in a given case, to the independent candidates, airtime shall be distributed among them in the following way: seventy percent shall be distributed according to the vote percentage obtained by each political party at the previous house of representatives election, the remaining thirty percent of airtime shall be equally distributed among political parties; from these equally distributed parts, up to one shall be assigned to all the independent candidates. political parties that are not present in the mexican congress shall only get the airtime in radio and television corresponding to the percentage, equally distributed among parties, mentioned in the last item. apart form the running-up period and the electoral campaigns, and with independence of the items a) and b) of this section, the national electoral institute shall get at radio and television airtime up to twelve percent of the total airtime allocated for the state, according to the law and under any modality. from this twelve percent, the national electoral institute shall equally allocate fifty percent between the political parties. the remaining fifty percent shall be used by the national electoral institute for its own purposes or another, federal or local, electoral authority. every political party shall distribute its airtime according to the schemes provided by the law. in any case, the airtime shall be transmitted according to the schedule designed by the national electoral institute according to item d) of this section. in special occasions and with the proper justifications, the institute might use the time that corresponds to party messages used to promote a political party. political parties or candidates cannot, in any time, buy airtime on television or radio by themselves or through third persons. no private individual or legal entity can buy airtime on television or radio to influence political preference, or to promote or attack certain candidate or party. such kind of media messages that have been contracted in a foreign country cannot be transmitted in the mexican territory. the states and the federal district shall issue laws to enforce observance of the provisions established in the two previous paragraphs. for electoral aims in the mexican states, the national electoral institute shall allocate and manage the airtime in radio and television in stations and channels with coverage in the given state, according to the law and the following provisions: in the event of state elections that coincide with federal elections, airtime for the state shall be included within the total time allocated in accordance with paragraphs “a”, “b” and “c” of section “a”. for the rest of electoral processes, allocation shall be done according to the law and to the criteria provided in this constitution. airtime distribution among the parties, including local parties and independent candidates, shall be carried out in accordance with the criteria established in section “a” and with the applicable legislation. if the national electoral institute considers that total airtime in radio and television granted by this and the previous paragraphs were not enough for its own purposes, for another electoral authority’s purposes or for the independent candidates, it can issue orders to cover the deficit within the powers vested to it. in the political and electoral campaign advertising, the political parties and candidates cannot use terms or expressions that denigrate or slander people. during federal and local election campaigns until the election day, all governmental advertising shall be suspended, no matter it belongs to federal, state or municipal government, or to the federal district government or to any other governmental agency. the only exceptions shall be: a) informative campaigns carried out by electoral authorities, b) educational and health campaigns and c) civil protection campaigns in the event of emergencies. the national electoral institute, through expedited proceedings described by law, shall investigate the transgressions of these dispositions and will produce a file of these violations to present it before the electoral court of the federal judicial power for their knowledge and consideration. during this procedure, the institute may establish precautionary procedures such as the immediate cancellation or suspension of any message transmitted by radio or television, as established by the law. the law shall fix the terms and requirements for the selection and nomination processes for candidates to electoral positions. the law shall also establish the appropriate rules for run-up and electoral campaigns. the duration of the electoral campaign when there are elections for the president of the republic, senators and representatives shall be of ninety days. the duration of the electoral campaign shall be sixty days for the year that only representatives will be elected. never the duration of run-up to the election campaign shall exceed two-thirds of the period granted for electoral campaigns. infringement of these provisions by parties, private individuals or legal entities will be punished according to the law. the state is responsible for the electoral organization. it is organized by the national electoral institute and by the local electoral institutes, according to the norms established by this constitution. the national electoral institute is an autonomous entity, which is endowed with legal personality and its own assets. the legislative branch, the national political parties and the citizens shall participate in the integration of the governing bodies of the institute, according to the terms provided by law. the basic principles that guide the functions and performance of the institute are: certainty, legality, independence, impartiality, objectivity and maximum publicity. the national electoral institute shall have electoral jurisdiction and independent character regarding its decisions and functioning, and its performance shall be professional. national electoral institute structure shall include managerial, executive, technical and surveillance organs. the general council will be the directive and executive body, it will be formed with one president of the electoral council and ten electoral councilors with the right to vote and participate in the debate; in addition, congressional councilors, representatives of the political parties and an executive secretary, these will participate in the debate but will not be able to vote. law shall regulate the organization and functioning of the institute’s organs, the relationship between them and the relationship between them and the local electoral entities. the executive and technical organs shall employ the qualified personnel necessary to execute its attributions. the internal comptroller office shall be in charge of the accountability and surveillance procedures of all the incomes and expenses of the institute, this office must be granted with managerial and technical autonomy to do so. the internal working relations and procedures with the public servants shall be regulated by the dispositions in the electoral law and the statute that the general council approves. the surveillance organ of the electoral register [padrón electoral] must be formed mainly with representatives of the national political parties. during the election day, citizens must be in charge of the directive organs at the poll stations. all the sessions of the directive and collegiate organs in the institution shall be public in the terms described by the law. the institute shall have an electoral office that is legally vested with public trust to attest for any electoral acts. the law will describe its attributions, powers and functioning. the president of the council and the electoral councilors shall be elected to serve for a period of nine years and may not be reelected. they shall be elected through the vote of two-thirds of the members present in the house of representatives according to the following procedures: the house of representatives will present an agreement for the election of a president of the electoral council and the electoral councilors that will shall contain a public call, the stages of the process and the time limits, as well as the procedures to install a technical committee for the evaluation of candidates, this committee shall be formed with seven persons with professional recognition, three of this persons shall be nominated by the executive political organ at the house of representatives, two by the national commission for human rights and the remaining two shall be nominated by the national transparency agency [organo garante] established by the 6th article of this constitution. the committee shall receive the list of all candidates for electoral councilor that present themselves to the call of candidates. the committee shall verify that the candidates fulfill the constitutional and legal requirements, as well as their suitability to occupy the office. it is responsibility of the committee to select five best candidates according to the evaluation for each vacancy, then the relation of candidates will be sent to the executive political organ at the house of representatives. the executive political organ at the house of representatives shall promote agreements for the election of president of the electoral council and electoral councilors; this organ must hold an election to select the candidate in the terms described by law and then the proposal shall be sent to the floor of the house of representative for its consideration. the agreement stated in the item a) shall establish a time limit to have the election in the executive political organ at the house of representatives, if this organ does not hold an election or do not sends the proposals stated in the previous item, or even when it has done all the proceedings but the required vote threshold has not been met then they shall call for a special session to reach a decision by drawing lots from the list of candidates presented by the evaluation committee. in the case when no decision has been agreed according to the items c) and d) within the time limits described in item a), the supreme court of justice, in a public hearing, shall make the election by drawing lots from the list of candidates presented by the evaluation committee. given the absolute absence of the president of the electoral council or from any of the electoral councilors during the first six years of their term in office, a substitute shall be elected to finish the corresponding period of the vacancy. if the absence happens during the last three years of the office period a new electoral councilor shall be elected for a new office period. the president of the electoral council and the electoral councilors shall not have another employment or hold any other office or commission with exception of those that represent the general council or the non-remunerated positions in academic, scientific, research, cultural or philanthropic associations. the head of the office of the comptroller general of the institute shall be designated by the vote of two thirds of the present members of the house of representatives and by proposal of the public institutions of superior education, according to the terms described by law. the comptroller general shall remain in office for six years and may only be reelected once. this office shall be administratively dependent of the general council and will maintain the technical coordination with the superior comptroller general. the executive secretary shall be appointed by two-thirds of the general council after his nomination by the president of the electoral council. the law shall establish the requirements that every individual must meet in order to be appointed as the president of the electoral council, electoral councilor, the internal comptroller or the executive secretary of the national electoral institute. those individuals having served as president of the electoral council, electoral councilor or executive secretary may not hold a position in those public offices or powers where they were involved in the election of the members of that office or power, nor they can be hired by the executive organs of political parties or being candidates of public office for the next two years after their time in office at the institute have concluded. congressional councilors shall be appointed by the parliamentary groups with party affiliation in any of the two chambers of congress, at a ratio of one per each parliamentary group notwithstanding their recognition in both chambers of the congress. the national electoral institute shall have the following attributions according to the terms established by this constitution and the laws: for the federal and local electoral processes: electoral training; electoral geography as well as the design and delimitation of the electoral districts and the division of the territory into electoral sections; the electoral registration list. the location of electoral polls and the designation of the functionaries at the directive board for each poll station; the criteria, guidelines, formats and rules for the preliminary results program, the opinion or result surveys, electoral observation, rapid counts, document printing and production of any electoral materials; the accountability for income and expenses of the political parties and candidates; and any other that the law establishes. for the federal electoral processes: the rights and prerogatives that the candidates and political parties have access to; the preparation for the election day; document printing and the production of electoral material; the count and scrutiny of the votes according to the terms established by law; declaring the validity of the election and issuing the electoral certification for the elected deputies and senators; the count of the votes for president of the mexican united states in every uninominal electoral districts; others established by law. the national electoral institute may assume, by agreement with the competent authorities at the local entities that ask for, the organization of the local electoral processes in the terms that the applicable legislation states. by petition of the political parties and using their monetary prerogative, the institute may also organize their internal elections to elect their leadership. the financial accountability and supervision of the political parties and the candidates’ campaigns shall be responsibility of the general council of the national electoral institute. the law shall detail the general council attributions for that specific function as well as the creation of the technical organs, dependent of it, in charge of the surveillance and proceedings to establish the corresponding sanctions. for the accomplishment of this function, the general council is not limited by banking, fiscal or fiduciary secrecy and shall be supported and assisted by the local and federal authorities. in case that the national electoral institute delegates the accountability and supervision functions, its technical organ shall be entitled to the attributions of the previous paragraph to avoid the limitation of its functions. in the mexican states the local elections shall be the responsibility of the local public organs in the terms that this constitution establishes and shall execute the corresponding functions in regard to the following subjects: the rights and prerogatives that the candidates and political parties have access to; civic education; preparation for the election day; document printing and the production of electoral material; count and scrutiny of the votes according to the terms established by law; declaring the validity of the election and issuing the electoral certification for the elected local officers; count and scrutiny for the election of the local executive power; preliminary results, opinion and results surveys, electoral observation and rapid counts according to the guidelines established in the previous part; organization, development, count and announcement of the results in the corresponding civic participation means provided by the local legislation; every other function not reserved to the national electoral institute; others that the law establishes. according to the postulates established by the law and with the approval of a majority of at least eight votes at the general council, the national electoral institute may: directly assume the execution of activities regarding the electoral functions that corresponds to the local electoral organs; devolve in the local organs the attributions described in the section a) from part b of this article without giving up the right to resume its direct exercise at any moment; bring to its knowledge any matter competence of the local electoral organs when its transcendence or importance requires so or when the matter shall be used to establish an interpretation criterion. the national electoral institute shall have the attribution to appoint or remove the members of the executive organ at the local public organs in the terms established by this constitution. the national electoral professional service shall include the selection, hiring, training, professionalization, promotion, evaluation, personnel rotation, permanence and discipline of the public servants of the executive and technical organs at the national electoral institute and the local public organs at the federative entities in regard to electoral matters. the national electoral institute shall standardize the organization and functioning of the professional service. a judicial appeal system shall be established in accordance to this constitution and to the law in order to protect the constitutionality and the legality principles, under which electoral decisions and resolutions must be made. such system shall provide definitive resolutions in every stage of election process and shall protect the citizens’ political right to vote, right to be elected and right to assembly, according to the article 99 of this constitution. in the electoral matters, legal or constitutional appeals will not result in the suspension of the appealed resolution or act. the law will establish the electoral nullification system for the local and federal elections due to serious, fraudulent and determinant violations according to the following cases: when the campaign expenses exceed five percent of the total amount authorized when informative coverage or airtime in radio or television were bought without regard to the postulates specified in the law. when public resources or resources from illicit origin are received or used for the campaign finance. the previous violations shall be presented in a physical and objective manner. violations shall be presumed to be determinant when the voting difference between the first and second candidate is less than five percent. in case a nullification of the election, an extraordinary election shall be announced and the rebuked person will not be able to run for office. chapter ii. composition of the federation and mexican territory article 42 national territory is composed of: the territory belonging to the states. the territory of islands, including the reefs and cays in adjacent seas. the territory of the islands of guadalupe and revillagigedo located in the pacific ocean. the continental shelf and the seabed of the islands, cays and reefs. the waters of the territorial seas in the extension and under the terms established by the international law and domestic maritime laws. the air space located above national territory, in the extension and with the particularities established by the international law. article 43 the mexican territory is comprised of the following states: aguascalientes, baja california, baja california sur, campeche, coahuila de zaragoza, colima, chiapas, chihuahua, durango, guanajuato, guerrero, hidalgo, jalisco, state of mexico, michoacán, morelos, nayarit, nuevo león, oaxaca, puebla, querétaro, quintana roo, san luis potosí, sinaloa, sonora, tabasco, tamaulipas, tlaxcala, veracruz, yucatán, zacatecas and the federal district. article 44 the mexico city is the federal district and the capital of the united mexican states. mexico city is seat of the federal government and the powers of the union. it shall be integrated by its current territory and in the event that federal government has to be moved to another place, mexico city will be a part of the state of valle de méxico. the congress shall set down the limits and territorial extension for the new state. article 45 the states will keep their current borders and extensions, as long as there is not a controversy about it. article 46 the states can deal with their respective limits by friendly agreements among each other at any time; however, these arrangements will not be effective without the approval of the senate. should there not be an agreement referred in the above paragraph, and at the request of any of the conflicting parties, the supreme court of justice of the nation will know, substantiate and resolve with an unassailable capacity, disputes on territory limits that take place between states, and under the terms of section i of article 105 of this constitution. article 47 the state of nayarit shall have the territorial area and boundaries that presently comprise the territory of tepic. article 48 federal government shall be in charge of: a) all the islands, cays and reefs within the adjacent seas belonging to national territory; b) the continental shelf; c) the seabed of islands, cays and reefs; d) territorial seas; e) inland maritime waters and f) the space located above the national territory; except by the islands that belong to the states. title three. chapter i. division of powers article 49 the political authority or power is divided into the executive, the legislative and the judiciary branches. two or more of these powers cannot be united in one single person or corporation, nor shall the legislative branch be vested in one single person, except for the case where extraordinary powers are granted to the president of the republic as provided in article 29. in no other case, except as provided under the second paragraph of article 131, extraordinary powers to legislate shall be granted. chapter ii. the legislature article 50 the legislative power is vested in the congress of the united mexican states, which shall consist of a senate and house of representatives. section i. elections and inauguration of the congress the house of representatives is composed by representatives of the nation. all of them shall be elected every three years. for each representative, a substitute shall be elected. article 52 the house of representatives shall be integrated by 300 members, who shall be elected according to the principle of majority voting through the uninominal voting system in all the electoral districts; and the remaining 200 members shall be chosen according to the principle of proportional representation, using a system of regional lists voted in multimember districts. article 53 the borders separating the 300 uninominal electoral districts from each other shall be set down after dividing the country’s population by the number of districts, taking into account the most recent census. each state shall have at least two representatives elected under the principle of majority voting. in order to elect 200 representatives under the principle of proportional representation, using a system of regional lists, five multimember electoral districts shall be established in the country. the law shall set down the ways in which such territorial division will be made. article 54 the election of the 200 representatives under the principle of proportional representation, using a system of regional lists, shall be subjected to the following principles: to register its regional list, a political party must prove that it participates with candidates to the house of representatives to be elected by the principle of majority voting in at least two hundred uninominal districts. every political party attaining at least three percent of the total votes casted for the regional lists at the multimember constituency shall be entitled to have representatives under the principle of proportional representation. the political party complying with the two principles above established, shall obtain the number of representatives from the list corresponding to each multimember district, according to the way the people vote on that constituency. the order established in the regional lists shall be respected to appoint the candidates. no political party shall have more than 300 representatives, regardless the principle by which they have been elected. the political parties shall never have a number of representatives by both principles, which considered in percentage of the house, exceeds by eight points the percentage they have obtained in vote. this restriction shall not be applied to the political party that, due to its electoral victories at uninominal districts, obtains a percentage of seats greater than the addition of the percentage obtained in national vote plus eight percent. after that seats have been distributed according to previous paragraphs iii, iv and v, the leftover proportional representation seats shall be awarded to the remaining political parties which have a right in each one of the multimember districts, in direct proportion to the national and effective votes received by these parties. the law shall regulate procedures and formalities to apply this article’s principles. article 55 requirements to be a representative: to be a mexican national by birth in the full exercise of his rights. to have attained to the age of twenty-one years on the election date. to be a native or resident of that state in which he/she shall be chosen for at least six months before the election date. in order to qualify for registration in the regional lists of multimember districts, the candidate must be a native of one of the states included in such multimember district, or be a resident of that district for at least six months prior to the date of the election. residence is not lost in cases where absence is because he/she has been elected to a public office. to be free of duties at the army, law enforcement agencies and rural police forces with jurisdiction over the electoral district in which the election is going to take place, at least ninety days before the election date. not to be in charge of one of the organs, granted with autonomy by this constitution. not to be secretary or undersecretary of state. not to be in charge of one of the decentralized organs of the federal government, unless the candidate is definitely separated from his duties at least 90 days before election date takes place. not to be justice of the supreme court of justice, magistrate, secretary at the electoral court of the judicial power of the mexican federation, president of the council or electoral councilor in the general council, local or district councils at the national electoral institute, nor executive secretary, executive director or directive personnel of this institute, unless the candidate has definitely separated from his duties at least three years before election date takes place. state governors and the federal district mayor cannot be elected to represent the states over which they have jurisdiction, even though they definitely separate themselves from their duties. state secretaries, the secretaries of the federal district, the federal or state judges, the judges of the federal district, the mayors in the states and persons in charge of any political-administrative entity in the federal district, cannot be elected in the states where they exercise their respective duties, unless they resign their positions definitively at least ninety days before the election. not to be priest or minister of any religion. to be unaffected by the inabilities established under article 59. article 56 the senate shall be composed of 128 senators, two senators from each state and the federal district elected in accordance to the principle of majority voting and one senator shall be apportioned to the largest minority. for this purpose, political parties must register a list with two sets of candidates. the largest minority seat shall be granted to the set of candidates heading the list of the political party that shall have attained the second place in the number of votes casted in the corresponding state. the remaining thirty-two senators shall be elected under the principle of proportional representation, through the system of lists voted in one sole national multimember district. the law shall establish the regulations and formalities that shall be applied for these purposes. the senate shall be totally renewed every six years. article 57 there shall be an elected substitute for each senator. article 58 the senators shall fulfill the same requirements than the representatives, except by the age. all senators must be at least 25 years old on the election date. article 59 senators may be elected up to two consecutive periods and the deputies of the house of representatives may be elected up to four consecutive periods. the candidate may only be nominated by the same party by which the congressmen/women was elected or by any of the parties that formed the coalition by which the congressmen/women were elected, unless that they had resigned or lost their membership to the party in the first half of their mandate. article 60 the national electoral institute established in the article 41 of this constitution and in accordance to the legal dispositions, shall declare the validity of the elections for both, representatives and senators in each one of the uninominal districts, as well as in each state. the national electoral institute shall also issue the respective certificates to the candidates who have obtained the majority of votes. the national electoral institute shall appoint the senators corresponding to the largest minority, according to the article 56 of this constitution and the law. likewise, the national electoral institute shall declare validity of the election and shall appoint the representatives corresponding to the principle of proportional representation, in accordance to the article 54 of this constitution and the law. the resolutions made on validity of the election, on awarding certificates and on the appointed representatives or senators can be appealed before the regional courts of the electoral court of the judicial power, according to the procedures established by law. the regional court’s rulings may be reviewed only by the high court of the electoral court of the judicial power, through the appeals submitted by political parties, provided that such offences could modify an election result. the verdicts given by the high court of the electoral court of the judicial power shall be definitive and irrefutable. the law shall establish the conditions, requirements and formalities for such appeal system. article 61 representatives and senators shall be above criticism related to their opinions in the performance of their duties; they may never be questioned for such opinions. the speaker of each house shall be responsible for enforcing respect to house members’ constitutional immunity and to the inviolability of the place where the house of representatives meets. article 62 no senator or representative shall, during the time for which he was elected, be appointed to any federal or state government office which grants emolument without a license granted by the respective house. in such case, representative duties shall be suspended for as long as their new occupation lasts. the same rule shall be applied to the substitute representatives and senators if they have been called to service. removal from office shall be the punishment imposed on any offender of this article’s rules. article 63 in order to open sessions and to exercise the duties of the offices, the house of representatives and the senate shall have more than fifty percent of attendance of the total number of their members. those present shall compel the absentees to attend within the next thirty days, under the condition that if they do not present themselves the chamber shall understand that they do not accept their office. in such case, the substitutes shall be called, they must appear within the next thirty days. in the event that substitute does not appear either, the seat shall be declared vacant. all vacancies shall be filled, no matter if the vacancy happened at the beginning of legislature or during the legislative period. regarding representatives or senators elected under the principle of majority voting, the respective house shall call extraordinary elections according to the article 77, paragraph iv of this constitution. regarding representatives appointed by the principle of proportional representation, the next candidate in the regional list of the party in question shall fill vacancy. regarding senators appointed by the principle of proportional representation, the next candidate in the national list of the party in question shall fill vacancy. regarding senators appointed by the principle of largest minority, vacancy shall be filled by the second candidate in the list of the party in question of the respective state. representatives and senators shall inform their speaker about absences. any representative or senator who have been absent from his duties for ten days in a raw without the permit of the speaker or justified cause shall not be allowed to take his seats back until the opening of the following period of sessions. in such a case, substitutes shall be called to service. in the event of lack of quorum in either house so that the legislature can be opened or to exercise their duties, the substitute shall be called immediately to attend as promptly as possible, while the aforesaid thirty days term elapses. those representatives or senators that being elected do not present themselves to fulfill their duties and without a justified cause for the absence, shall be liable and subjected to the penalties established by the law. national political parties shall also be liable and subjected to the penalties set forth by the law if they agree with their candidates not to appear in the respective house to perform their duties. article 64 representatives and senators who, unjustifiably and without a permit, are absent from one session, shall not be entitled to claim any wage for that particular day. article 65 the congress shall assemble every year on september 1st, for the first ordinary period of sessions, except for the year when the president of the republic begins his term in office on the date described in the article 83 of this constitution. in this case the congress shall meet from august 1st. for the second ordinary period of sessions, the congress shall meet every year on february 1st. in both periods of sessions, the congress shall study, discuss and vote the bills of law submitted thereto and shall resolve any other affairs pertaining to it according to this constitution. the congress shall preferably devote itself to the issues established by its organic law. article 66 each ordinary period of sessions shall last as long as necessary to solve the affairs mentioned at the previous article. the first period cannot be extended beyond december 15 of the respective year, except on those years when according to article 83, a new president of the republic is going to be inaugurated. in such a case, sessions may be extended until december 31. the second period shall not be extended beyond april 30 of the respective year. in the case that both houses cannot reach an agreement about the closing dates of the sessions, the president of the republic shall resolve the dispute. article 67 the congress or just one of the houses, when dealing with an issue under its exclusive jurisdiction, shall assemble in extraordinary period of sessions at the permanent committee’s request. in such case, the congress shall only resolve the issue or issues submitted by the permanent committee and indicated in the notification. article 68 both houses shall be located at the same place and shall not be moved to a different one without a previous agreement on moving, period and procedure, but both houses must reside in the same site. if no agreement is reached on the transfer’s duration, procedures and place, the president of the republic resolves the issue by choosing one of the alternatives. no house shall adjourn sessions for more than three days without the explicit consent from the other one. article 69 every year, at the opening of the first ordinary period of sessions, the president of the republic shall provide a written report, indicating the state of the country’s public administration. at the opening of an extraordinary period of sessions of the congress, or only of one of the houses, the speaker of the permanent committee shall inform about the reasons leading to such extraordinary period of sessions. each of the houses shall analyze the report and can request the president of the republic to expand on the information through written questions. the houses can summon the secretaries of state and the chairmen of the decentralized entities, who shall appear before the congress to report under oath to tell the truth. the law and regulations of the congress shall rule this attribution. during the first year of his term in office and in the opening ceremony of the second period of ordinary sessions, the president shall present before the senate the national strategy for public safety for its approval and shall present an annual report about its status. article 70 every resolution of the congress shall have force of law or decree. laws and decrees shall be communicated to the president of the republic by a document signed by the speakers of both houses and by a secretary of each one of them. laws and decrees shall be enacted as follows: “the congress of the united mexican states decrees: (text of the respective law or decree)”. the congress shall issue a law that will regulate its own structure and internal functioning. such law shall specify the ways and procedures allowing associations of representatives to be formed according to their party affiliation in order to protect the freedom of speech of all ideological trends represented at the house of representatives. such a law shall never be vetoed nor require to be enacted by the president of the republic in order to enter into force. section ii. bills and laws enactment article 71 the ones who have the right to propose laws or decrees are: the president of the republic. the house representatives and senators of the national congress the state legislatures the citizens in an equivalent number of, at least, zero point thirteen percent of the voters registration list, according to the terms set by the law. the law of the congress will determine the procedure for the initiatives. the opening day of each ordinary session period, the president of the republic may present up to two initiatives for preferential procedure, or under such character appoint up to two initiatives that had already been presented in previous periods, when ruling pending. each initiative should be discussed and voted by the plenary of the chamber of origin on a maximum of thirty natural days. otherwise, the initiative under its terms and without any further procedures will be the first matter that will be discussed and voted in the next plenary session. if approved or modified by the originating chamber, the respective bill of law or decree will immediately be passed to the reviewing chamber for discussion and vote on the same period and under the mentioned conditions. the addition or reform initiatives of this constitution will not have a preferential character. article 72 every single bill or decree shall be discussed successively at both houses, except the issues that are within the exclusive jurisdiction of one of the houses. the house shall observe the methods, periods of time and debating and voting procedures established by the congress act and its regulations. after being approved by one of the houses, every bill shall be submitted to the other one in order to be discussed there. if the second house approves it, the bill shall be submitted to the president of the republic who, after deciding that no further corrections should be made, shall publish it without delay. a bill forwarded to the president of the republic which is not returned by him with his objections to the house where it was originated within 30 calendar days of the receipt, shall be deemed approved. after such term, the president of the republic shall pass and publish the law or decree in the following 10 calendar days. after this second term, the law or decree shall be deemed enacted; then, in the following 10 calendar days, the president of the house, where the bill was originated, shall order publication of the law or decree in the official gazette of the federation, without requiring endorsement. these deadlines shall not be suspended if the congress closes or adjourns its sessions. in this case, the president of the republic shall return the bill to the permanent committee. any bill rejected partially or totally by the president of the republic shall be returned with the respective corrections to the original house. the bill shall be discussed again in such house and, if confirmed by a two-thirds majority of votes, it shall be submitted again to the reviewer house. if a two-thirds majority of votes supports the bill at the second house, it shall be considered as enacted law or decree and shall be sent to the president of the republic in order to be published. voting for enacting laws or decrees shall be nominal. if any bill is rejected in whole by the reviewing house, it shall be returned to the house where it was originated with the appropriate objections. the bill shall be again discussed in said house and, if approved by the absolute majority of its members present, it shall return to the house that rejected it, which shall analyze it again. if the second house approves the bill by the same majority, it shall be submitted to the president of the republic, who has to comply with the purposes of paragraph “a”. if the second house does not approve the bill, it shall not be reintroduced in the same period of sessions. when any bill is partially rejected, modified or added by the reviewing house, the new discussion in the original house shall be focused on the rejected, reformed or added parts, leaving the already approved articles unchanged. if the additions or reforms made by the reviewing house are approved by absolute majority in the original house, the whole bill shall be submitted to the president of the republic, who has to observe the provisions established in paragraph “a”. if the additions or reforms made by the reviewing house are rejected by majority of the members attending the original house, the bill shall be returned to the reviewing house, which shall study the reasons of the first house. if those additions or reforms are rejected again after a second review, the part of the bill approved by both houses shall be sent to the president of the republic, who has to observe the provisions established in paragraph “a”. if the absolute majority of the attending members at the reviewing hose insists on enacting the additions and reforms, the whole bill shall be postponed until a the new period of sessions, unless the absolute majority of attending congressmen at both houses agrees on enacting only the approved articles of the bill and on submitting additions or reforms to the next period of sessions. regarding interpretation, reforms and repeal of laws or decrees, the same formalities established for enacting them shall be observed. any bill rejected in the first house shall not be reintroduced in other period of sessions corresponding to the same year. either of the two houses can propose a law or decree first, except for bills about debenture loans, taxes or conscription, which shall be discussed first at the house of representatives. the initiatives or bills shall be first discussed preferably in the house they were presented, unless the consultative commission of the first house delays to present an opinion about the bill for more than one month, then the bill can be submitted to the other house for discussion. the president of the republic cannot make comments on the resolutions of the congress or any of the houses when act as electoral body or judge, as well as when the house of representatives charges a top-ranking official with official offences. the president of the republic cannot make comments on the decree of call for extraordinary period of sessions issued by the permanent committee. section iii. powers of congress article 73 the congress shall have the power to: admit new states into the union. (repealed by the decree published on october 8, 1974) create new states within the limits of the existing ones. for this purpose, the following requirements must be met: the fraction or fractions that intend to become a new state must have at least one hundred and twenty thousand inhabitants. the fraction or fractions that intend to become a new state shall substantiate before congress that it possess enough elements to assure the new state’s political existence. the legislatures of the states involved shall submit a report to the congress, within the six months after notification was sent to them, about usefulness or inappropriateness of creation of the new state. the president of the republic must submit a report to the congress within the seven days after notification about usefulness or inappropriateness of creation of the new state. proposal of creation of the new state shall obtain the two-thirds of the votes in each house. the ruling pronounced by the congress shall be ratified by majority of the state legislatures after reviewing of the file, provided that legislatures of the affected states have approved such ruling. in the event that legislatures of the affected states do not consent creation of a new state, then ratification mentioned in the previous paragraph shall be done by two-thirds of the legislatures of the rest of the states. (repealed by the decree published on december 8, 2005) move the residence of the federal branches. (repealed by the decree published on august 22, 1996) lay and collect taxes in order to fund the national budget. in regard to public debt, to: establish the basis for the president of the republic to celebrate loans and grant guarantees based on the country’s credit, to approve such debenture loans, to accept the foreign debt and to order payment of such foreign debt. only credits producing an increase in public revenue shall be contracted or, according to the respective law, those acquired for monetary regulation purposes, for debt restructuration or refinancing. these last credits shall be guided by the principle of the best market conditions, as well as those acquired to face an emergency situation stated by the president of the republic according to the article 29. the congress shall also have the power to annually approve debt amount that in each case requires the government of the federal district and the government agencies, these debt amount shall be included in the revenue law according to the applicable law. the president of the republic shall submit to the congress an annual report about the spending of the debt. for this purpose, the federal district mayor shall submit to the president a report about the use of that debt corresponding to the federal district. the federal district mayor shall also inform the federal district assembly about such spending together with the general report of the public administration. the congress shall establish the general basis about the loan agreements, the loan limits and the schemes of debt that the states, the federal district and the municipalities could acquire as well as the mechanisms that allow them to modify their participations and budgets to cover the corresponding payments. the states, the federal district and the municipalities must register and publish the total amount of debt and the payment schemes in the unique public registry in a timely and transparent manner. the congress shall also establish an alert system about the debt management and the applicable sanctions to public officers that do not comply with these dispositions. these laws shall first be discussed at the house of representatives according to the article 72 section h of this constitution. the congress, through the legislative commission of both houses, shall analyze the strategies to strengthen the local public finances described in the agreements that the local governments promote with the federal government to obtain loans. the congress may issue recommendations and observations within fifteen-business days limit, even in the recess periods of the congress. the previous statement shall apply in the cases of those local governments that already have high levels of public debt according to the corresponding law. immediately after the celebration of the agreement, the strategy to adjust the finances of the municipalities that fall into the same case shall be informed. these may also apply for the agreements that the states celebrate regardless their debt level. to prevent restrictions to state-to-state commerce. to legislate nation-wide on hydrocarbons, mining, chemical substances, explosives, pyrotechnics, movie industry, commerce, bets, draw and raffles, intermediation and financial services, electrical and nuclear energy, and to issue the regulations according to the article 123 of this constitution. create and cut public jobs in federal government, as well as to establish, increase or decrease salaries for such jobs. declare war, based on the information submitted by the president of the republic. enact laws that assess quality of maritime and land dams, and the maritime legislation that shall be applied at both, peacetime and wartime. support and maintain the country’s armed forces: the army, the navy and the air force. the congress shall have the power to regulate organization and service of these armed forces. make rules and regulations that organize, arm and discipline the national guard. however, citizens participating in the national guard shall appoint its chiefs and officers, and the states shall train its own national guard. enact laws on nationality, legal status of foreigners, citizenship, naturalization, colonization, immigration and public health: the general board of health shall report directly to the president of the republic, without intervention of any ministry. its orders and provisions issued by the general board of health shall be compulsory for the whole country. in the event of serious epidemic or risk of invasion of exotic diseases, the ministry of public health shall issue immediately the appropriate preventive measures, which may be approved by the president of the republic. the sanitation authority [ministry of public health] shall be an executive organ; its orders, regulations, measures and provisions shall be observed by the administrative authorities throughout the country. measures issued by the general board of health for campaigns against alcoholism, drugs and pollution shall be reviewed by the mexican congress if applicable. enact laws on means of communication, information technology and communication, broadcasting, telecommunication, including broadband and internet, posts and mail, and the use and enjoyment of federal jurisdiction waters. establish the treasury [mints] and regulate them, to make rules to determine exchange rate, and to adopt a general system of weights and measures. regulate occupation and alienation of wasteland and the price thereof. enact laws to regulate the mexican diplomatic and consular corps. issue: general laws that establish, at a minimum, types of criminal offenses and its respective sentencing parameters in regard to kidnapping, enforced disappearances, others types of illegal restrictions to freedom, human trafficking, torture, and other cruel or dehumanizing treatments, as well as electoral crimes. general laws shall also regulate the distribution of competences and the way to coordinate efforts among the federation, the states, the federal district and the municipalities; legislation to determine felonies and misdemeanors against the federation, their sentencing parameters and sanctions to be imposed, as well as legislation in regard to organized crime; unified legislation to regulate criminal procedure, alternative dispute resolution, sentencing execution and teenagers’ criminal justice at the federal or ordinary jurisdiction. federal authorities may hear cases involving ordinary felonies when said cases are connected to cases involving federal felonies, or felonies against journalists, people or infrastructure that affect, limit or abridge the right of access to information, freedom of speech or freedom of press. in those areas of concurrent jurisdiction set forth in this constitution, federal laws shall determine the cases in which ordinary courts may hear and decide cases involving federal felonies; grant an amnesty for federal crimes. enact laws to regulate coordination between the federal government, the federal district, the states and the municipalities, as well as to create and organize federal public security bodies, according to the article 21 of this constitution enact the laws that organize and establish the powers of the federal auditing office and those laws that regulate the management, control and evaluation of the powers of the union, the federal agencies, as well as to enact the general law that establishes the basis for the coordination of the national anticorruption system according to the article 113 of this constitution. to establish the teaching professional service in terms of article 3rd of this constitution; to establish, organize and fund, throughout the republic, rural, elementary, junior high, high and professional schools for scientific research, fine arts and technical studies, practical agriculture and mining schools, arts and crafts school, museums, libraries, observatories and other institutions related to the general culture of the nations’ inhabitants and to legislate in the fields related to these institutions; to legislate on traces and fossil remains and on archeological, artistic and historical monuments, which preservation be deemed as of national interest; as well as to pass laws oriented to conveniently allocate among the federation, the states and municipalities the exercise of the educational function and economic contributions corresponding to that public service, aiming to unify and coordinate education throughout the republic, and to ensure the fulfillment of educational purposes and their continued improvement, in a framework of inclusion and diversity. degrees issued by these establishments shall be recognized throughout the republic. to legislate on copyright and other issues of intellectual property issues related to the same. to grant a leave to the president of the republic and to constitute itself into an electoral college in order to appoint the citizen that should substitute the president of the republic either as interim or alternate, under the terms of articles 84 and 85 of this constitution. accept the president of the republic’s resignation. enact laws to regulate public accounts, the submission of financial reports and reports on revenues and expenditures, as well as patrimony reports, which shall apply to the federal government, the states, the federal district, the municipalities and all the political-administrative organs that correspond aiming for a homogeneous and harmonized procedures for public accounts. to lay and collect taxes on the following items: foreign trade the use and exploitation of natural resources mentioned in the article 27, paragraphs 4 and 5 credit institutions and insurance companies public services either provided by concessionaires or by the government the congress shall have the power to lay and collect special taxes on: electrical energy production and consumption of carved tobacco gasoline and other products derived from oil matches maguey juice and its products. forest exploitation production and consumption of beer the states shall receive, under federal legislation, a percentage of the revenue generated by the special taxes. local legislatures shall set the percentage corresponding to municipalities, in their income from tax over electric power service. regulate characteristics and use of the national flag, anthem and coat of arms. to regulate coordination between the federal government, the states and the municipalities to order human settlements, complying this way with the goals established the article 27, in paragraph 3, of this constitution. enact laws regarding national economic and social planning, as well as statistical and geographical information. enact laws for programming, promotion, covenants and implementation of economic measures, especially those related to supply, as well as those intended to achieve adequate and timely production of goods and services, considered as socially necessary. enact laws: a) to promote mexican investment; b) to regulate foreign investment and transfer of technology; and c) to regulate generation, spreading and implementation of scientific and technological knowledge necessary for the country’s development. enact laws establishing the concurrence of the federal government, the states and the municipalities, within their respective jurisdictions, on matters concerning protection of the environment, as well as preservation and restoration of ecological balance. to legislate for the creation of completely autonomous federal administrative tribunal empowered to resolve the legal controversies between the federal public administration and individuals. administrative courts shall impose penalties on public employees originated by administrative liabilities that the law considers as severe felonies and to the individuals that participate in those acts, as well as to set the compensations and economic sanctions for the damages to the public treasury or the estate of the public agencies. the administrative court shall be organized by plenary meetings or regional courts. the superior court of the administrative tribunal will have sixteen judges and shall perform in plenary meetings or by sections. one of these sections will be in charge of the resolutions regarding the third paragraph of this article. the judges of the superior court shall be appointed by the president and ratified by the votes of two-thirds of the present members of the senate or the permanent committee if the senate is in recess. the judges shall be appointed for fifteen years without possibility of remaining in office. the judges of the regional courts shall be appointed by the president and ratified by the majority vote of the present members of the senate or the permanent committee if the senate is in recess. the judges shall be appointed for ten years and may be considered for a new term in office. the judges may only be removed form office due to serious grounds stated by the law. enact laws that coordinate the measures implemented by the federal government, the states, the federal district and the municipalities regarding civil protection matter. to legislate in regard to physical culture and sports with the purpose of complying with that which is outlined in article 4 of this constitution, establishing the concurrence between the federation, the states, the federal district and the municipalities, as well as the participation of social and private sectors. legislate on matters concerning tourism, establishing general bases to coordinate the concurrent attributions of the federal government, the states, the federal district and the municipalities; as well as the participation of the private and social sectors. legislate on matters concerning fishing and aquaculture, establishing general bases to coordinate the concurrent attributions of the federal government, the states, the federal district and the municipalities; as well as the participation of the private and social sectors. enact laws in matters of national security, establishing the requirements and limits to the corresponding investigations. issue laws regarding the formation, organization, functioning and suppression of cooperatives. these laws shall establish the bases to coordinate the concurrent attributions of the federal government, the states, the federal district and the municipalities regarding promotion and sustainable development of cooperatives. legislate on matters concerning culture, establishing general bases to coordinate the concurrent attributions of the federal government, the states, the federal district and the municipalities, except by that established in the section xxv of this article. this law shall also define the mechanisms through which social and private sectors shall participate, complying this way with the goals indicated in the article 4, paragraph ninth, of this constitution. regulate the use and protect personal data handled by private entities. to emit laws that establish the concurrence of the federation, the states, the federal district and the municipalities, in their respective competencies, on the subject of the rights of girls, boys and adolescents, safeguarding, at all times, their best interest and complying with international agreements that mexico may be a part of on this subject. to legislate over citizens’ initiatives and referendums to issue a general law to harmonize and homologue the organization and operation of the real estate and legal entities public registries of the federative entities and municipal cadastral authorities. to issue general regulating laws that establish the principles and basis in regard to government transparency, access to information and protection of personal data held by authorities, entities or government agencies at all levels of government. to issue a general law that establishes a homogenous and coordinated system to organize and manage all the files and documents at the federal, local and municipal level including the federal district and its political subdivisions. this law must describe the organization and functions of the national archives system. to issue the general laws that allocates the competences between the federation and the federative entities in regard to the political parties, electoral organs and electoral processes according to the specifications of this constitution. to issue the general law that allocates the competences between the federal, local and municipal governments to establish the administrative responsibilities to public servants, their obligations and applicable sanctions for the acts and omissions that infringe the law and that relates to the public servants to serious administrative faults, as well as the procedures for the application of these sanctions. to issue laws in regard to fiscal responsibility that have the purpose of a sustainable management of public finance at the federal, local and municipal levels including the federal district, according to the principles established in the second paragraph of the article 25th of this constitution. enact all laws required to make effective the foregoing powers and any other powers vested by this constitution on the powers of the union. article 74 the constitution grants the house of representatives several exclusive powers: the power to issue the solemn edict in order to inform the whole country that the electoral court of the judicial power has issued a declaration stating that the president of the republic has been elected. the power to coordinate and evaluate the performance of the federal auditing office, according to the law and without damage to its own technical and managerial autonomy. to ratify the appointment made by the president to the secretary of the treasury, unless when a coalition government was formed, in which case would be under the specifications of the article 76 fraction ii of this constitution, as well as the directive employees at the secretary of the treasure. the power to annually approve the nation’s budget, after assessment, discussion and, if applicable, modification of the project submitted by the president of the republic; and after approval of taxes and contributions to cover such budget. the house of representatives shall have the exclusive power to authorize multiannual expenditures for construction of infrastructure, so subsequent budgets shall include these multiannual expenditures. the president of the republic shall submit to the house of representatives his proposal of the income act and the expenditure budget no later than september 8 and the pertinent secretary shall appear before the house in order to clarify the accounts. the house of representative shall approve the budget no later than november 15. when the president of the republic begins his term on the date stated by the article 83, he shall submit to the house of representatives his proposal of the income act and the expenditure budget no later than november 15. only the absolutely necessary secret items may be included in the expenditure budget. the secretaries shall use such secret items under written consent of the president of the republic. the president of the republic can request an extension to submit his proposal of the income act and the expenditure budget, justifying the causes to the house of representatives. the pertinent secretary shall appear before the house to inform about the reasons for extension. the power to approve or object to criminal proceedings against public servants who have committed an offense according to the article 111 of this constitution. the house of representatives shall be notified about the charges against public employees mentioned in the article 110 of this constitution. the house shall have the power to become an accusing organ in impeachments against civil servants. the power to review the public accounts corresponding to the previous year, in order to assess the results thereof, to check observance of the criteria stated in the approved budget, and to verify achievement of the objectives indicated in the several programs. the house of representatives shall review the public accounts through the federal auditing office. if this office finds out discrepancies related to revenues or expenditures, or if it finds out inaccuracy or unjustified revenues or expenditures, the law shall be applied to punish misconduct. regarding achievement of the objectives stated in the several programs, the house can only issue a recommendation in accordance to the law. public account shall be submitted to the house of representative no later than april 30 of the next year. this term may be extended only in the case mentioned in paragraph iv, last rows, of this article. extension shall not exceed 30 days. in such case, the federal auditing office shall have the same extension to present the respective report. the chamber will complete the review of the public account, the latest, on october 31 of the following year after presentation, based on the analysis of the content and technical conclusions of the result report of the federal auditing office, referred in article 79 of this constitution, recognizing that the observation procedures, recommendation and actions filed by the federal auditing office will continue under the terms provided in such article. the chamber of deputies will evaluate the performance of the federal auditing office and may require a report about the progress of auditing works. approve the national development plan within the time limit established by law. in case that the house of representatives does not decide about the plan within the time period it would be considered as approved. appoint, by the vote of two-thirds of its present members, the heads of the internal control organs of those entities granted with autonomy by this constitution and that use public resources stated in the federal budget. other exclusive powers conferred by this constitution. article 75 the house of representatives shall indicate, in the expenditure budget, the wages for all public employments created under the law. in the event that the house fails to indicate such wages, the wages established in the previous budget or in the law that created the job shall be in force. nonetheless, remuneration shall be established observing the provisions of the article 127 of this constitution and the applicable laws. the federal executive, legislative and judicial branches, as well as autonomous bodies recognized in this constitution, and which use public resources from the federal budget, shall include in their project budgets detailed tables of remunerations proposed for their public servants. such project budgets shall observe the procedure for approval of budget expenditures provided in the article 74, paragraph iv of this constitution and other applicable laws. article 76 the constitution grants the senate several exclusive powers: power to analyze the foreign policy developed by the president of the republic, based on the annual reports submitted to the senate by the president and the secretary of foreign affairs. the senate shall have the power to approve the international treaties and conventions subscribed by the president of the republic, as well as his decision to end, condemn, suspend, modify, amend, withdraw reservations and make interpretative declarations related such treaties and conventions; ratify appointments made by the president of the secretaries of state in case that a government coalition is formed, with exception of the secretaries of national defense and the navy; the secretary responsible for internal control of the federal executive; the foreign affairs minister; the ambassadors and general consuls; the directive employees of the foreign affairs ministry; the members of the collegiate organs in charge of the regulation in regard to telecommunications, energy, economic competitiveness, colonels and other high ranking members of the army, navy and air force, according to the terms that the law establishes; power to authorize the president of the republic to allow departure of mexican troops outside the country, passing of foreign troops through the country and stay of foreign troops for more than one month on mexican waters. power to authorize the president of the republic to dispose the national guard outside its respective states, and to determine the necessary forces. in the event that all constitutional powers of one state disappear, the senate shall have the power to appoint a provisional governor, who shall call elections according to the constitution of the state in question. the president of the republic shall propose three candidates to become provisional governor. the two-thirds of the present senators or, given a recess, the permanent committee shall approve one of the candidates. the provisional governor cannot be nominated as constitutional governor in the elections called by him. this provision shall govern whenever the constitutions of the states do not provide otherwise. power to resolve the political disputes that arise between the powers of a state when one of the parties submits the case to the senate, or in the event that such disputes have generated an armed conflict. in such a case, the senate will pronounce a resolution based on the federal constitution and the constitution of the state in question. law shall regulate the exercise of the two previous powers. power to become ruling jury in the impeachments against public servants in the cases of faults or omissions that damage the public interest, according to the article 110 of this constitution; power to appoint the justices of the supreme court of justice of the nation among the three candidates proposed by the president of the republic. the senate has the power to approve or reject leaves or resignations of supreme court justices. power to appoint and dismiss the head of the federal district government, in the cases provided by this constitution. power to authorize amicable covenants made by the states regarding their borders. such covenants shall be authorized by the two-thirds of the members present in senate. to approve the national public safety strategy within the time limit that the law provides, if the senate does not decide in the time limit the strategy will be considered as approved. appoint the commissioners of the national transparency agency [organo garante] that the article 6th of this constitution establishes, in the terms established by the constitution and by the provisions provided by the law. to provide a list of candidates to be nominated as federal attorney general, appoint that public servant and present an objection if the president asks for the removal of the federal attorney general according to the part a of the 102nd article of this constitution. other exclusive powers conferred by this constitution article 77 each of the houses may, without the intervention of the other one: pronounce resolutions regarding its internal economic affairs. communicate with the other house and with the president of the republic through internal committees. appoint the employees for its own secretary’s office and issue regulations for it. in the event of a vacancy of a seat awarded according to the principle of majority voting, the house in question shall call to extraordinary elections within the 30 days after the vacancy appears. elections shall be carried out within the 90 days after the call (see article 63 of this constitution). except in the case the vacancy occurs in the last year of the term. section iv. permanent committee article 78 during recesses of the congress of the union, there shall be a permanent committee composed of 37 members; 19 shall be representatives and 18 shall be senators, appointed by their respective house the day before the closing of the ordinary period of sessions. a substitute shall be appointed for each member of the permanent committee. besides the powers conferred by this constitution, the permanent committee shall have the following powers: to consent the use of national guard in the cases described in the article 76, paragraph iv. to receive the president of the republic’s oath, if applicable. to resolve issues within its jurisdiction. to receive bills, comments to the bills made by the president of the republic, and proposals, as well as to dispatch them to the appropriate commission to be resolved in the next ordinary period of sessions. agree by its own means or by proposal of the executive the call for an extraordinary period of sessions in one or both houses of the congress. the call shall be approved the vote for two-thirds of the present congressmen/congresswomen. the call shall clearly state the reasons and objectives for the extraordinary sessions. when the reason for the extraordinary call is because the general congress needs to become an electoral college to appoint the interim or alternate president, the approval for the call shall only require the votes of the majority of the present members. (removed by the decree published on february 10, 2014) granting a leave for up to sixty natural days to the president of the republic. ratify appointments made by the president to ambassadors, general consuls, high-ranking officers of the treasury, members of the collegiate bodies in charge of regulating energy matters, colonels and other chiefs of the national army, navy and air forces, according to the terms set by the law; to receive and resolve requests of leaves submitted by congressmen/congresswomen. section v. the federal auditing office article 79 the federal auditing office, which belongs to the house of representatives, shall have autonomy regarding technical and managerial matters, as well as regarding its internal organization, functioning and decisions, according to the law. auditing function shall be exercised according to the principles of legality, definitiveness, impartiality and reliability. the federal auditing office shall begin with the auditing process on the first working day of the of the next fiscal year regardless that the observations or recommendations that in the case result shall refer to the definitive information presented in the public account. in regard to the planning of the auditing procedures, the federal auditing office shall request the information of the current fiscal year in regard to the finished processes. the federal auditing office shall be responsible for: auditing, in a posterior manner, the revenues, expenditures, debts; the loans that in the case the federal government grants to local and municipal governments; the management, the safekeeping and use of funds and resources belonging to the powers of the union and to the federal agencies. the federal auditing office shall audit, as well, the fulfillment of the objectives included in the several federal programs, using the reports submitted according to the law. the federal auditing office shall also supervise directly the management or use of federal resources made by the states, municipalities, the federal district and the political-administrative organs within their territories, except by federal contributions. in case the states and municipalities have loans granted by the federal government, the federal auditing office shall oversee the management and use of the corresponding resources. this office will also supervise the use of federal resources granted to any public or private entity or individual, those transferred to trusts, mandates, funds or any other legal instrument, in accordance with the procedures established by law and without damage to other authorities’ jurisdiction and to the users’ rights. entities that are subjected to fiscal supervision according to the previous paragraph, shall accurately do and register their accounts, report the use of federal patrimony and detail the use of the budget transferred to them, in accordance with the criteria established by law. despite the principle of annuity, the federal auditing office can request and review concrete information of previous years to that of the public account being revised, this faculty does not mean that the public account of that year has been opened again. the request for information may only be reopened when the program covers more than one year or when fulfillment of objectives is under revision. however, comments and recommendations issued by the federal auditing office shall only refer to the public account belonging to the year under revision. regardless of the provisions in the previous paragraphs, the federal auditing office, pervious authorization of its chief officer, may review government agencies during the current fiscal years or their information for past fiscal years in the situations described by the law and as consequences of accusations or lawsuits. the government agencies shall give the information requested by the federal auditing office within the time limits considered by the law, if the entity does not meet the deadline and formalities, it shall be punished according to the law. the federal auditing office shall submit a report about the case to the house of representatives and, if applicable, it shall fix responsibilities or initiate responsibilities before the administrative courts, the anti-corruption prosecution office or the appropriate authority. the federal auditing office shall submit to the house of representatives the individual auditing reports of public account of the respective fiscal year that they have concluded on the last working day of the months of june and october, as well as february 20 of the next year. on this same date the fiscal auditing office shall submit the general executive report of the public accounts audit, which shall be considered by the floor of the house of representatives. this report shall be public and shall include audits, opinions, justifications and observations that the government agencies have presented. for this purpose, before the submission of the general executive report and the individual reports to the house of representatives, the federal auditing office shall notify the entities under revision about the results obtained from their public accounts, so that they could submit the pertinent justifications and explanations. the head of the federal auditing office shall send to the entities under revision the individual reports with recommendations and measures suggested no later than 10 business days after submission of the report to the house of representatives. the entities under revision shall, within 30 business days, present the appropriate information and carry out the suitable measures. the law shall establish punishments for failures thereof. this provision shall not apply to the lists of accusations, which shall observe the procedures and terms established by law. the federal auditing office shall, within a 120 business days term, answer the explanations and justifications submitted by the entities under revision. failure to do so means that explanations and justifications have been accepted. regarding fulfillment of recommendations, the entities under revision shall describe the improvements carried out or justify the inappropriateness of the measures suggested by the federal auditing office. on may 1 and november 1 of every year, the federal auditing office shall submit to the house of representatives a report about the progress of recommendations and measures suggested to the public entities in the individual reports. this report shall be public and the federal auditing office shall describe the amounts that the federal treasury have received or the amounts that have been restore to the estate of the government agencies as consequence of their audits or legal procedures presented before administrative courts. the federal auditing office shall keep on reserve its acts and comments until the general report and the individual reports have been submitted to the house of representatives. the law shall establish appropriate punishments for offenders thereof. investigation of actions or omissions related to irregularities or illicit conducts about income, expenditures, management, safekeeping and use of funds and federal resources. the federal auditing office can make home visits only to review the books, documents and files necessary for the investigation, in accordance to the law and formalities. as a result of its investigations, the federal auditing office shall establish the damages and losses affecting the public finances or public assets in order to set the responsibilities and liability actions before the administrative courts and the anti-corruption prosecution office of the responsible federal public servants and according to the second paragraph of the first item in this article to the responsible public servants of the states, the federal district and the municipalities. the head of the federal auditing office shall be appointed by the two-thirds of the members present in the house of representatives, in accordance with the procedure established for this purpose. the head of the federal auditing office is appointed to serve for a period of eight years and may be appointed again once only. he may be removed, exclusively for serious misdemeanor described in the law, by the vote of two-thirds of the members present in the house of representatives. he may be also removed due to the causes established in the title four of this constitution. to qualify for the position of head of the federal auditing office, it is necessary to fill the requirements established in paragraphs i, ii, iv, v and vi of the article 95 of this constitution, as well as the other requirements established by the law. while holding the office, the head of the federal auditing office cannot join any political party nor perform any other job, position or assignment, except for unpaid services in scientific, educational, cultural or altruistic institutions. the different powers of the union, the states and the government agencies subjected to revision shall assist the federal auditing office in carrying out its work. this provision applies also to federal and local employees, as well as to any private or public entity, trust, mandate or fund that uses public federal resources. this provision does not damage the jurisdiction of other authorities nor the user’s rights of the banking system. refusal to assist the federal auditing office with the information required shall be punished according to the law. the president of the republic shall apply an administrative proceeding to enforce payment of compensations and pecuniary penalties defined in the paragraph iv of this article. chapter iii. the federal executive branch article 80 the power of the executive branch is vested in one single person, the president of the united mexican states. article 81 the president of the united mexican states is directly elected by the people according to the electoral law. article 82 qualifications for the presidency: the candidate for the presidency must be a natural born citizen, with legal capacity to exercise his rights, born of mexican father or mother and must have live in the country for at least 20 years. the candidate for the presidency must be 35 years of age on the election date. the candidate for the presidency must have live in the country for a full year prior to the day of the election. absences for up to 30 days do not interrupt residence. the candidate for the presidency cannot be priest or minister of any religion. the candidate should not be in active duty in the army at least six months before the day of the election. the candidate should not be secretary of state or under-secretary, federal attorney general, governor or head of the federal district government, unless he resigns his position six months before the election date. to be unaffected by the inabilities established under the article 83. article 83 the president will begin his tenure on october 1st and will last six years in office. the citizen who had performed as president of the republic, popularly elected or under the interim or alternate character, or provisionally takes the office of the federal executive, in no case and under any circumstances may perform again this position. article 84 in case of a complete absence of president of the republic, while the congress appoints the interim or alternate president in a term no longer than sixty days, the minister of interior will provisionally take the office of the executive power. in this case, sections ii, iii and vi of article 82 of this constitution will not be applicable. whoever provisionally occupies the presidency will not be able to withdraw or appoint state secretaries without the previous authorization of the chamber of senators. likewise, he will present to the congress a work report in no longer than ten days period counted just after his commission ends. when there is complete absence of president during the two first years of the respective period, if the congress of the union were in sessions and at least two thirds of the total number of members of each chamber were attending, the congress shall immediately constitute itself in the electoral college. the electoral college through secret ballot and by the vote of the absolute majority shall appoint an interim president under the terms set by the law of the congress. the same congress will issue, within ten days following such appointment, the call for the election of president that should end the respective period. between the date of the call for elections and the election day there shall be no less than seven months and no more than nine months. the elected president will begin his/her term in office and swear before the congress seven days after the electoral process has ended if the congress were not in sessions, the permanent commission will immediately call for extraordinary sessions to constitute the electoral college, appoint an interim president and issue the call to presidential elections under the terms of the previous paragraph. when the complete absence of president happens in the last four years of the respective period, if the congress of the union is in session, it will appoint an alternate president, who will complete the period, following in that capacity, the same procedure as in the case of the interim president. if the congress were not in sessions, the permanent commission will immediate call for extraordinary sessions to constitute the electoral college and to appoint an alternate president, following in that capacity, the same procedure as in the case of interim president. article 85 if before starting a constitutional period the election was not made or declared as valid, the president whose office has ended will cease and the interim president will be appointed by the congress under the terms of the above article. if when starting a constitutional period there is a complete absence of president of the republic, the position will be provisionally taken by the president of the chamber of senators, while the congress appoints the interim president, in accordance to the above article. when the president requests leave to separate from the office up to sixty natural days, once authorized by the congress, the minister of interior will provisionally take the office of the executive power. if a temporary absence of the president becomes into an absolute absence, the congress shall act as indicated in the previous article. article 86 the president of the republic can resign his position only due to a serious cause, which shall be evaluated by the congress, to whom the resignation shall be submitted. article 87 the president, upon taking office, takes the following oath before the congress, or before the permanent committee during the recess of the congress: “i swear to observe and uphold the political constitution of the united mexican states and the laws that emanate from it, and to loyally and patriotically perform the position of president of the republic, which the people have conferred upon me, pursuing the welfare and prosperity of the country; and if i do not fulfill these obligations, may the nation demand it of me.” if by any circumstance the president could not take the oath under the terms of the above paragraph, he will do so immediately before the executive boards of the chambers of the congress of the union. in case that the president could not swear in before the congress of the union, before the permanent commission or before the executive boards of the chambers of the congress of the union, he will do so immediately before the president of the supreme court of justice of the nation. article 88 the president of the republic can leave the national territory for up to seven days, previously notifying his reasons to the senate or the permanent committee, as applicable, as well as the outcome of his activities. for absences larger than seven days, the president shall request a permit from the senate or the permanent committee. article 89 the powers and rights of the president of the republic are the following: to enact and execute the laws issued by the congress of the union providing in the administrative field its compliance. to freely appoint and remove the state secretaries, to remove the ambassadors, general consuls and directive employees of the treasury, and to freely appoint and remove the rest of the employees of the union, whose appointment or removal is not otherwise set in the constitution or laws; the secretaries of state and high-ranking employees of the treasury and foreign affairs shall begin their functions on the date of their appointment, when they were not ratified in the terms established by this constitution they will cease their functions. according to the postulates about the ratification of the foreign affairs minister and the treasury minister, when there is not a coalition government in functions, if the respective chamber does not ratify in two occasions the appointment of the nominated minister then the person selected by the federal executive shall occupy the office. to appoint, with approval from the senate, the ambassadors, general consuls, executive employees of the treasury, and the members of the collegiate bodies in charge of regulation in the matters of telecommunications, power and economic competence; to appoint, with approval from the senate, colonels and other chiefs of the national army, navy and air forces, according to the laws. to appoint, according to the law, the rest of the officers of the army, navy and air force. to protect national security, in accordance to the applicable law. for this purpose, the president of the republic can make use of the permanent armed forces: the army, the navy and the air force for homeland security and defense of the federation against foreign threats. to make use of the national guard to assure domestic security and to protect the nation from other nations, observing the provisions established in the article 76, section iv. to declare war in the name of the united mexican states, having the previous authorization of the congress. to mediate in the appointment and removal of the federal attorney general, in the terms provided by the part a of the article 102 of this constitution. to lead the foreign policy; to make and execute international treaties; as well as to end, condemn, suspend, modify, amend, withdraw reservations and make interpretative declarations relating such treaties and conventions, requiring the authorization of the senate. for these purposes, the president of the republic shall observe the following principles: the right to self-determination; non-intervention; peaceful solution of controversies; outlawing the use of force or threat in international relations; equal rights of states; international cooperation for development; the respect, protection and promotion of human rights; and the struggle for international peace and security. to call the congress to an extraordinary period of sessions at permanent committee’s agreement. to provide the judicial branch with all the assistance necessary for the prompt performance of its duties. to equip all kind of ports; to set up maritime and border customs, indicating the place to install them. to grant, according to the law, a pardon to the convicts sentenced because of federal crimes and to the convicts sentenced for common crimes committed in the federal district. to grant exclusive privileges, for a limited period of time, to discoverers, inventors or improvers in any branch of industry, according to the applicable law. during the recess of the senate, the president of the republic can make the appointments mentioned in the paragraphs iii, iv and ix, having the approval of the permanent committee. at any moment, to opt for a coalition government with one or several political parties represented at the congress. a covenant and a program shall regulate the government coalition; the majority of the present members of the senate shall approve these programs and covenants. the covenant shall state the causes for the dissolution of the coalition. to submit to the senate a list of candidates to become justices of the supreme court of justice; and to require authorization for their leaves and resignations to the senate. reject, under the terms described by the constitution and the law, the appointments of the commissioners of the national transparency agency [organo garante] issued by the senate according to the 6th article of this constitution. other powers expressly conferred by this constitution. article 90 federal public administration shall be centralized and semipublic, according to the organic law issued by the congress, which shall allocate the federal administrative affairs among the secretariats and shall set the general basis to create semipublic entities and the participation of the federal executive in their operation. the laws shall regulate the relations between semipublic entities and the president of the republic or between them and the secretariats. the functions of the legal counselor of the government shall depend upon the office within the federal executive that the law establishes for that purpose. the federal executive will represent the federation in any matters that it is a party through the office that holds the responsibility of legal counselor of the government or through the secretariats in the terms established by law. article 91 in order to become a secretary of state, it is required to be a mexican citizen by birth, with legal capacity to exercise his rights, and to be 30 years old. article 92 all regulations, decrees, covenants and orders issued by the president of the republic shall also be signed by the secretary of state in charge of the matter, otherwise they won’t be compulsory. article 93 the secretaries of state as soon as the ordinary period of sessions is open, shall answer to the congress for the state of their respective affairs. any of the houses can call the secretaries of state, the directors and managers of semipublic entities and the heads of autonomous agencies in order to provide more information, under oath, whenever the congress is studying or discussing a law or affair related to their activities or areas of responsibility, or to answer any inquiry that the congress have in regard to the matter. the house of representatives, by request of a quarter of its members, and the senate, by request of a half of its members, have the power to create committees to investigate the functioning of decentralized and semipublic entities. the results of the investigations shall be submitted to the president of the republic. any of the houses can require, by a written inquiry, information or documents to the heads of the federal agencies, who shall answer the inquiry within the next 15 days after request was received. these attributions shall be exercised according to the law and regulations of the congress. chapter iv. the judicial branch article 94 the judicial power of the united mexican states is vested in a supreme court of justice, an electoral court, specialized circuit courts, unitary circuit courts and the district courts. the federal judicial council shall deal with matters of administration, supervision and discipline for mexican federal judges, except for the supreme court of justice of the nation, according to the provisions established by law. the supreme court of justice of the nation shall consist of 11 justices and shall work at plenary meetings or at courtrooms. sessions in plenary meeting or in courtrooms shall be public, in accordance with the law. sessions may be secret whenever public interest or public morality should so require it. the laws shall regulate, based on this constitution, powers and functioning of the supreme court of justice, the circuit courts, the district courts and the electoral court. the law shall establish liabilities for the judicial power’s employees. the federal judicial council shall define the number, district division, territorial competence and subject matter specialization—including broadcasting, telecommunications and economic competition—of collegiate and unitary circuit courts, as well as of the district courts. likewise, it shall have the power to issue general covenants in order to create circuit courts, according to the number and specialization of the collegiate courts that belong to each circuit. the laws shall regulate integration and operation of these circuit courts. the supreme court of justice in plenary meeting shall have the power to issue general covenants in order to achieve an adequate distribution of issues among the courtrooms and to submit to the specialized circuit courts those cases where they shall have established precedents and those affairs selected by the supreme court in order to deal with the cases promptly. said covenants shall come into force after being published. constitutional adjudications [amparo], constitutional controversies and unconstitutionality claims shall have priority when one of the chambers of the congress, through its speaker, or the president of the republic, through its legal councilor, justifies the urgency on the basis of social interest or the law and order, in accordance with the regulatory laws. the law shall define the cases where precedents established by the federal and circuit courts shall be compulsory, relating to interpretation of the constitution and general laws, as well as the requirements for interruption and modification thereof. remuneration granted to the justices of the supreme court, the circuit judges, the district judges, the councilors of the federal judiciary and the electoral judges, may not be reduced during their term. justices of the supreme court shall be appointed for a 15 years term, they may be removed only in the cases provided in the title four of this constitution. justices shall be entitled to a retirement payment at the end of their term. supreme court justices cannot serve a second term, unless they have held the office as provisional or interim ministers. article 95 to be appointed as justice of the supreme court of justice of the nation, it is required: to be a mexican citizen by birth, with legal capacity to exercise his political and civil rights. to be at least 35 years old to the date of the appointment. to hold, at the date of the appointment, a law degree for at least the past 10 years, issued by an institution legally empowered for that purpose. to have a good reputation and not have been convicted for a crime punishable by imprisonment for more than one year. however, should the crime have been robbery, fraud, forgery, breach of confidence or any other which would seriously damage good reputation, he shall be disqualified for office, whatever penalty may have been. to have lived in the country the last two years before appointment. to not have been secretary of state, attorney general, senator, federal representative, governor or head of the federal district government for a whole year previous to the appointment date. preferably, justices shall be persons who have served with efficiency, ability and integrity in the dispensation of justice, or who have distinguished themselves by their honor, ability and career in the legal field. article 96 for appointment of a justice of the supreme court, the president of the republic shall submit a list of three candidates to the senate, who should present before the senate. within a 30-day period, the senate shall choose one of the candidates by the vote of two thirds of the present members of the senate. this period may not be extended. should the senate not decide within such term, then the president of the republic shall appoint one person from the list he has proposed. if the senate rejects all the three candidates in the list, the president of the republic shall submit a new list of three candidates, considering the provisions established in the previous paragraph. if the senate rejects this second list completely, the president of the republic shall appoint one person from such list. article 97 the federal judicial council, based on objective criteria and observing the requirements and procedures established by law, shall appoint district and circuit judges. district and circuit judges shall be appointed for a six years term. at the end of such term, they may be ratified or promoted, in such case, they may be dismissed only in the cases described by the law and following the established procedure. the supreme court of justice can request the federal judicial council to investigate the behavior of a federal judge or magistrate. the supreme court of justice shall have the power to appoint and remove its secretary, officials and employees. magistrates and judges shall have the power to appoint and remove the officials and employees for the circuit courts and district courts, observing the regulation about the judicial career. every four years, the supreme court of justice, in plenary meeting, shall appoint a president for the supreme court from among its members. the president of the supreme court cannot be reelected for the next immediate term. each minister of the supreme court of justice, upon taking office, takes the following oath before the senate: speaker of the senate: “do you swear to loyally and patriotically perform the position of justice of the supreme court of justice of the nation, which has been conferred upon you, and to observe and uphold the political constitution of the united mexican states and the laws that emanate from it, pursuing the welfare and prosperity of the country?” justice: “yes, i do.” speaker of the senate: “if you do not fulfill these obligations, may the nation demand it of you.” circuit magistrates and district judges shall take the oath before the supreme court of justice and the federal judicial council. article 98 whenever the absence of a justice exceeds one month, the president of the republic shall submit a list of three candidates to the senate in order to elect one interim justice according to that established in the article 96 of this constitution. should a justice be absent by cause of death or any other definitive cause, the president of the republic shall submit a list of three candidates to the senate in order to elect one according to that established in the article 96 of this constitution. resignation of a justice shall be accepted only due to serious offence. resignation shall be submitted to the president of the republic, who, if accepts it, shall in turn submit resignation to the senate. the supreme court of justice can grant leave permits to the justices if the leave do not exceed one month. those leaves exceeding such term shall be granted by the president of the republic with the senate’s approval. no leave may exceed a term of two years. article 99 the electoral court shall be the highest authority in this area and the specialized body of the federal judicial branch, with exception of what is established in the article 105, paragraph ii, of this constitution. the electoral court shall work on a permanent basis; it shall have a superior electoral court and regional electoral courts. resolving sessions of the electoral court shall be public in accordance with the law. the electoral court shall have enough legal and administrative personnel for an appropriate performance. the superior electoral court shall be integrated by seven electoral magistrates, who shall appoint a president of the electoral court among them to hold the office for a period of four years. the electoral court shall resolve the issues listed below, in a definitive an irrefutable manner, observing the provisions established by this constitution and the applicable law: appeals of elections regarding federal representatives and senators. contestation of election of the president of the republic. only the superior electoral court can resolve such kind of contestations. the superior electoral court and the regional electoral courts can annul an election only due to the causes expressly indicated in the law. the superior electoral court shall carry out the final count of votes in the election of the president of the republic, provided that contestations thereof have been resolved. then, the electoral court shall declare the validity of the election and shall name the elected president, i.e., the candidate who has obtained the highest number of votes. contestations of acts and resolutions issued by the federal electoral authority, different to those mentioned in the two previous paragraphs. contestations of final acts and resolutions issued by the state electoral authorities related to organization and assessment of elections; as well as controversies arisen during the election process that could affect such election process or the results thereof. this procedure shall be admissible only when the remedy requested is physically and legally possible within the electoral terms, and provided that it is feasible to be implemented before the date legally established for set up of the electoral bodies or for inauguration of elected officials. contestations regarding acts and resolutions that infringe political-electoral rights of citizens: right to vote, right to be elected, right to freely join a party, right to peaceful assembly, according to this constitution and laws. contestations, filed by citizens against the political party they are affiliated, will be valid only if the plaintiff has exhausted all the instances provided by the party for solution of internal conflicts. the law shall establish regulations and terms for this kind of contestations. labor conflicts between the electoral court and its employees. labor conflicts or differences between the national electoral institute and its employees. definition and imposition of sanctions by the national electoral institute on political parties, political associations, private or legal entities, either national or foreign, who have infringed the provisions provided by this constitution and the laws. the matters that the national electoral institute submits to its consideration for the violations stated in the item iii of the article 41 and the 8th paragraph of the article 134 of this constitution; to the regulation about the political and electoral propaganda and for performing anticipated pre-campaign and campaign acts. others that the law establishes the courtrooms of the electoral court shall make use of the necessary coercive means in order to enforce their sentences and resolutions, in accordance with the terms established by law. without prejudice to the article 105 of this constitution, the courtrooms of the electoral court can determine not to apply electoral laws that are contrary to this constitution. such kind of resolutions shall be limited to the concrete case in question. in such event, the superior electoral court shall notify the supreme court of justice of the nation. when a courtroom of the electoral court defends an argument on the unconstitutionality of an act or resolution, or on the interpretation of a constitutional provision, and such argument may be contradictory to the one sustained by the supreme court of justice or its courtrooms, then any of the justices, courtrooms or parties can denounce the contradiction, according to the terms established by the law. the supreme court of justice of the nation, in plenary meeting, shall decide definitely which argument shall prevail. such kind of resolutions shall not affect the cases already decided. this constitution and the laws shall regulate the organization of the electoral court, the jurisdiction of the courtrooms, the procedures to decide the affairs, as well as the mechanisms to set mandatory legal precedents in this matter. the superior electoral court can bring cases from regional electoral courts at their request. likewise, the superior electoral court can submit cases to the regional electoral courts for resolution. the law shall establish regulations and procedures to exercise such kind of power. in accordance with the terms provided by the law, the administration, supervision and discipline of the electoral court shall pertain to a committee of the federal judicial council, which shall be composed of: a) the president of the electoral court, who shall chair; b) a magistrate from the superior electoral court, elected by secret vote; and c) three members of the federal judicial council. the electoral court shall submit its proposal about its own budget to the president of the supreme court of justice in order to be included in the budget of the federal judicial branch. the electoral court shall issue its own internal regulations and decrees it should require to operate adequately. magistrates composing the superior and the regional courts of the electoral court shall be proposed by the supreme court of justice and elected by the vote of the two-thirds of the senators present. election of the magistrates shall be staggered, observing the rules and procedures established by law. magistrates composing the superior electoral court shall meet the requirements stated by the law, which may not be less than those required to be a minister of the supreme court of justice of the nation. magistrates shall hold the office for a term of nine years. this term cannot be extended. the magistrates of the superior electoral court shall submit their resignations, leaves and permits to the superior court of the electoral court, which shall process and grant them, as applicable according to the article 98 of this constitution. magistrates composing the regional courts of the electoral court shall meet the requirements stated by the law, which may not be less than those required to be a circuit magistrate. regional magistrates shall hold the office for a term of nine years. this term cannot be extended, unless they get a promotion. in case of a definitive vacancy, a new magistrate shall be appointed, who shall finish the term. labor relations between the electoral court and its employees shall be regulated by the rules applicable to the federal judicial branch and by the special laws and exceptions applicable to them. article 100 the federal judicial council shall be a body belonging to the federal judicial branch and shall have technical and operational independence and shall also be independent to issue its resolutions. the federal judicial council shall be composed of seven members: the president of the supreme court of justice, who shall also be the chairman of the council; three councilors appointed by the supreme court in plenary meeting, by at least eight votes; the candidates proposed by the supreme court shall be circuit magistrates or district judges; two councilors appointed by the senate and one councilor appointed by the president of the republic. all councilor shall meet the requirements established in the article 95 of this constitution and shall be individuals who have distinguished themselves through professional and administrative capacity, honesty and honor in the conduct of their activities. in the case of the councilor appointed by the supreme court, they must also have a good professional reputation within the field of the judiciary. the federal judicial council shall work at plenary meeting or at committees. the plenary meeting of the council shall decide on appointment, assignment, ratification and dismissal of magistrates and judges, as well as on other affairs defined by the law. except by the chairman of the council, the councilors shall hold the office for a period of five years, they shall be replaced in a staggered manner. councilors cannot be appointed for a second period. the councilors do not represent the institutions appointing them; therefore, they shall perform their duties in an independent and impartial manner. they may be dismissed only in accordance with the provisions established in the title four of this constitution. the law shall create the basis to provide training and updating to the public officials, as well as to the development of the judicial career, which shall be governed by the principles of excellence, objectivity, impartiality, professionalism and independence. the federal judicial council shall have the power to make and execute general covenants in order to achieve an adequate performance of its duties. the supreme court of justice can request the council to make and execute those general covenants that are necessary to achieve an adequate performance of the federal duties. the supreme court of justice can also review such covenants and, if necessary, revoke them by a majority of at least eight votes. the law shall regulate the exercise of these powers. federal judicial council’s decisions are final and irrefutable, therefore, no trial or legal instrument is accepted against such decisions, except by decisions related to appointment, assignment, ratification and dismissal of magistrates and judges. such kind of decisions can be reviewed by the supreme court of justice only with the purpose to verify they have been taken according to the rules established in the applicable organic law. the supreme court of justice shall propose its own budget, and the federal judicial council shall propose the budget for the rest of the federal judicial branch, but complying with the provisions established in the article 99, paragraph seventh, of this constitution. these budgets shall be submitted by the president of the supreme court of justice in order to include them into the nation’s federal budget. the president of the supreme court of justice shall manage the supreme court’s internal affairs. article 101 justices of the supreme court of justice, circuit magistrates, district judges, their respective clerks, councilors of the federal judicial council and the magistrates of the superior electoral court cannot accept or perform any other job or assignment, either in a private company or in the federal or state government, or in the federal district government, except for those performed for free in scientific, educational, literary or charitable associations. justices of the supreme court of justice, circuit magistrates, district judges, councilors of the federal judicial council and magistrates of the superior electoral court, within the two years after finishing their respective term, shall not be allowed to work as attorneys, lawyers or legal representatives in any case before the agencies belonging to the federal judicial power. during the same term, the former justices cannot be appointed for such positions mentioned in the article 95, paragraph vi of this constitution, unless they have been appointed as provisional or interim. impediments established in this article will apply also to the judicial officials who are granted a leave permit. in the event of infringement of the provisions stated in the previous paragraphs, the offenders shall be punished with dismissal and loss of benefits, even benefits that could correspond to such position in the future, in addition to the other penalties established by law. article 102 the public prosecution service shall be organized by an office of the attorney general as an autonomous public organ with legal personality and endowed with its own patrimony. to be appointed as attorney general it is required to be a mexican citizen by birth; to be at least thirty five years old on the day of the appointment; to hold at least for ten years the professional degree of bachelor in law; to enjoy a good reputation; and not to have been convicted for a serious crime. the attorney general shall remain in office for nine years and shall be appointed and removed according to the following provisions: given a definitive absence of the attorney general, the senate will have twenty business days to draft a list of at least ten candidates to occupy the office, once the list is approved by two thirds of the present members of the senate it will be sent to the federal executive. if the federal executive does not receive the list within the time limit stated in the previous paragraph, he will freely send a list of three candidates to the senate and shall provisionally appoint the attorney general who will be in functions until a definitive appointment is made according to this article. in this case, the attorney general provisionally appointed shall participate in the list of three. once the federal executive receives the list described in paragraph i, the executive shall send, within the next ten days, a list of only three candidates to the senate for their consideration. based on the list of three sent by the executive and previous appearance of the nominated persons, the senate will appoint the attorney general with the vote of the two thirds of the senators present. the senate will have ten days to make the appointment. in case that the federal executive does not send a list of three described in the previous paragraph the senate will have ten days to appoint the attorney general from the list of candidates described in fraction i of this article. if the senate does not comply with the time limits for the appointment as is stated in the previous paragraphs, the executive shall appoint the attorney general from the candidates drafted in the list of ten or, if it is the case, from the list of three presented. the executive may remove the attorney general due to serious causes established by the law. an objection to the removal may be made by the vote of the majority members of the senate present within a time limit of ten business days. in this case the attorney general shall be reinstated to its functions. if the senate does not pronounce itself about the removal it will be understood that there is no objection to it. during the senate recess, the permanent committee shall call for an extraordinary session immediately in order to decide about the appointment or removal objection of the attorney general. the absences of the attorney general shall be substituted in the terms described by law. the public prosecution service shall have the power to prosecute in court all the federal crimes and to request precautionary measures or arrest warrant against the accused. the public prosecution service has the duty to procure and submit evidence to prove the defendant’s liability in the acts that the law specifies as crimes; it will procure that federal criminal trials are carried out with regularity so that justice may be provided in a prompt and expeditious manner, it will also request the imposition of penalties and will intervene in all matters determined by law. the office of the attorney general shall be organized, at least, by the specialized agency for the prosecution of electoral crimes and the anti-corruption specialized prosecution agency. the attorney general has the power to appoint or remove the head prosecutors of these specialized agencies. the senate may object the appointment or removal of those prosecutors by the vote of two thirds of the present members of the senate within the time limit specified by law. if the senate does not pronounce itself about the appointment or removal it would be understood that there is no objection to the act. the law shall establishes the basis for the training and updating of the public servants that work at the office of the attorney general, as well as the basis for the professional development of them. these bases shall follow the principles of legality, objectivity, efficiency, professionalism, honesty, and the respect for human rights. the attorney general shall present before the legislative and executive powers a report of the activities performed by the office he/she leads. when any of the chambers of the congress summons the attorney general he shall appear before them to account for his performance or inform about his administration. the attorney general and his agents will be responsible of any fault, omission or violation to the law occurred by reason of their functions. the congress of the union and the state legislatures, under their respective jurisdictions, shall establish agencies directed to protect the human rights which are recognized by the mexican legal system. such agencies shall receive all the complaints against administrative actions or omissions committed against human rights by any public office or employee, except for the officials working for the federal judicial branch. these agencies shall issue public recommendations, which shall not be compulsory. they also shall file accusations and complaints with the appropriate authorities. all public servants are obliged to answer the recommendations issued by these agencies. when the authorities or public servants responsible do not accept or enforce these recommendations, they must substantiate such refusal and make their refusal public. in addition, the senate, the permanent committee or the state legislatures, as appropriate, may call, at the request of these agencies, the authorities or public servants responsible to appear and explain the reasons of such refusal. these agencies shall not have jurisdiction over electoral and jurisdictional matters. such kind of agency, created by the congress of the union, shall be called national human rights commission. it shall have managerial autonomy, legal personality and endowed with its own patrimony. the state constitutions and the federal district charter shall establish and guarantee the autonomy of the agencies that protect the human rights. the national human rights commission shall have a board of advisors, which will be composed of ten councilors, who shall be elected by two thirds of the members present at the senate, or at the permanent committee during the congress recess. the law shall establish the procedure to be followed by the senate to nominate the candidates. every year, the most senior councilors shall be replaced, unless they are proposed and ratified for a second term. the president of the national human rights commission, who shall also be the president of the board of advisors, shall be elected following the procedure established in the previous paragraph. the president of the national human rights commission shall hold office for a five years term and may be reelected once only. he/she may be dismissed only in the cases established in the title four of this constitution. the election of the president of the national human rights commission, as well as the members of the board of advisors and the heads of the state human rights commissions, shall be subject to a public consultation procedure, which shall meet the requirements established by law. the president of the national human rights commission shall submit an annual report to the three branches of the union. for this purpose, he/she shall appear before both houses under the terms established by law. the national human rights commission shall hear complaints against the resolutions, covenants and omissions made by the state human rights commissions. the national human rights commission can investigate serious violations of human rights when it considers so or at the request of the president of the republic, the senate, the house of representatives, a governor, the head of the federal district government, or a state congress. article 103 the federal courts shall resolve all disputes concerning: laws or acts issued by the authority, or omissions committed by the authority, which infringe the fundamental rights recognized and protected by this constitution and the international treaties signed by mexico. laws or acts issued by the federal government and which break or restrict the sovereignty of the mexican states or the federal district. laws and acts issued by the state authorities or the federal district government, which invade the federal authority’s jurisdiction. article 104 the federal courts shall have jurisdiction over: proceedings related to federal crimes. any civil or mercantile controversy arisen about the observance and enforcement of federal laws or international treaties signed by mexico. the plaintiff can filet such kind of controversy with an ordinary court when the controversy affects only private interests. sentences pronounced by a trial court may be challenged with the appropriate appellate court. review resources filed against final rulings pronounced by the contentious-administrative courts mentioned in the article 73, paragraph xxix-h and in the article 122, first basis, section v, subdivision (n), of this constitution, but only in the cases indicated by the law. review resources that are to be heard by the specialized circuit courts shall be subject to the formalities established by the statutory law of the articles 103 and 107 of this constitution. no trial or legal instrument shall be admissible against the rulings pronounced by the specialized circuit courts on such review resources. any controversy relating to maritime law. any controversy where the federal government is an interested party. any controversy or action mentioned in the article 105, which can be resolved exclusively by the supreme court of justice. all disputes between a mexican state and one or more neighbor states. al controversies regarding diplomats and consuls. article 105 the supreme court of justice of the nation shall resolve the cases related to the following topics, in accordance with the provisions established by the applicable statutory law: about constitutional disputes, except for those referring to electoral matters, between: the federal government and one state or the federal district. the federal government and one municipal authority. the executive power and the congress of the union; the president of the republic and any of the houses; or the president of the republic and the permanent committee, acting as federal bodies or as federal district’s bodies. two states. a state and the federal district. the federal district and a municipal council. two municipal councils belonging to different states. two powers belonging to the same state about the constitutionality of their acts or regulations. a state and one of its municipal councils, about the constitutionality of their acts or regulations. a state and a municipal government belonging to another state, about the constitutionality of their acts or general norms. two governmental bodies belonging to the federal district government, about the constitutionality of their acts or general norms. two autonomous constitutional entities or between one autonomous constitutional entity and the federal executive or the mexican congress when the issue is related to the constitutionality of their acts or general norms. this article is also applicable to the national transparency agency [organo garante] established in the 6th article of this constitution. the rulings taken by the supreme court of justice, by a majority of eight vote, invalidating general provisions, shall have general compulsory effect; provided that the respective controversy is generated by the general provisions issued by a state or a municipal council, and which are challenged by the federal government; or by the general provisions issued by a municipal council and which has been challenged by the state; or in the cases indicated in paragraphs “c”, “h” and “k”. in all other cases, the rulings pronounced by the supreme court of justice shall have effect only on the particular case in question. unconstitutionality lawsuits directed to raise a contradiction between a general regulation and this constitution. unconstitutionality lawsuits shall be initiated within the 30 days after publication of the regulation, they shall be initiated by: thirty-three percent of the members of the house of representatives against federal laws or laws enacted by the congress and applicable to federal district. thirty-three percent of the members of the senate against federal laws or laws enacted by the congress and applicable to federal district, or against international treaties signed by the mexican state. the executive federal, through its legal government counselor, against general norms of the federation or the federal entities. thirty-three percent of the members of a state legislature, against laws enacted by such state legislature. thirty-three percent of the members of the federal district’s assembly of representatives, against laws enacted by the assembly. the political parties registered before the national electoral institute, through their national leaders and against federal or local electoral laws; also, the state parties with local registration, through their leaders, only against laws enacted by the state legislature that granted them registration. the national human rights commission, against federal or state laws or laws enacted by the federal district government; as well as law against international treaties signed by the president of the republic and approved by the senate, which hamper the human rights system established in this constitution and in the international treaties that mexico has ratified. likewise, the human right protection organs, equivalent to the national commission for human rights in the federal entities against local legislation issued by the local congress and the federal district commission for human rights against the laws issued by the federal district legislative assembly. the national transparency agency [organo garante] established in the 6th article of this constitution against federal, local laws and laws of the federal district, as well as international treaties signed by the federal executive and approved by the senate when these diminish the right of access to information and the protection of personal data. likewise, the local transparency agencies [organos garantes locales] may present an unconstitutional inquiry against the local laws enacted by the state legislatures or the federal district transparency agency can do so against the laws enacted by the federal district assembly. the general attorney in regard to the federal and local criminal laws and criminal procedure laws, as well as other issues related to his functions. the only mechanism to present a non-conformity against electoral laws to the constitution is the one stated in this article. the federal and local electoral laws shall be enacted and issued at least ninety days before the electoral process begins given that these laws will be applied. during the electoral process there shall not be any fundamental legal modifications. the resolutions of the supreme court of justice may only declare the invalidity to the challenged norms if the resolution is approved by a majority of at least eight votes. by its own motion, or by motion justified and submitted of the corresponding unitary circuit court or of the federal executive through its legal government counselor, as well as of the attorney general in the matters that concern to the public prosecution service. the supreme court of justice can hear appeals against rulings pronounced by district judges, provided that the federal government is an interested party in the case and such case is transcendental. invalidations mentioned in the sections i and ii of this article may not have retroactive effects, except by criminal matter, where criminal general principles and legal provisions shall govern. in case of failure to comply with the rulings mentioned in the sections i and ii of this article, the procedures established in the article 107 section xvi of this constitution shall be applied. article 106 the judicial branch shall resolve the controversies that could arise between two federal courts related to their jurisdictions, or between a federal court and a state court, or between a federal court and a federal district’s court, or between two courts belonging to different states, or between a state court and a federal district’s court. article 107 all controversies mentioned in the article 103 of this constitution, except for electoral controversies, shall follow the legal procedures and formalities established by the statutory law, according to the following principles: the constitutional adjudication (appeal on the grounds of unconstitutionality) shall be carried out at the request of the offended party. the offended party is the holder of an individual or collective right, which has been violated by the challenged act, affecting his/her legal framework, either directly or by the means of his/her special situation before the legal system. regarding acts or rulings pronounced by administrative or labor courts, the plaintiff must argue that he/she holds a subjective right that has been directly and personally affected. the sentence pronounced in a constitutional adjudication shall cover only to the plaintiffs, protecting them only in the specific case concerned in the complaint. if a court rules unconstitutionality of a general provision for a second consecutive time in constitutional adjudications, the supreme court of justice of the nation must notify the authority that enacted such provision. when the bodies belonging to the federal judicial branch establish legal precedents by repetition, ordering unconstitutionality of a general provision, the supreme court of justice of the nation shall notify the authority that enacted such provision. if after 90 days the unconstitutionality is not overcome, the supreme court of justice of the nation shall issue a general declaration of unconstitutionality, indicating its scope and conditions, according to the statutory law. such declaration must be approved by a majority of 8 votes. the previous two paragraphs do not apply to general provisions for taxation. in a constitutional adjudication, any deficiency regarding the terms “violation” and “grievances” should be corrected by the court, according to that established in the statutory law. whenever the acts claimed in the constitutional adjudication deprive or may deprive the farming cooperatives or communities or their members of their lands, waters, pasture and mountains, all evidence that could benefit any of the aforesaid entities or individuals must be obtained at the court’s own motion, and any proceedings that could be necessary to prove their rights must be ordered to establish their agrarian rights. also, the nature and consequences of the claimed acts shall be defined. in the constitutional adjudication mentioned in the preceding paragraph, dismissal of the suit because of procedural inactivity or by discontinuance shall not be admissible to the detriment of farming cooperatives or indigenous communities, or to the detriment of a native or joint-title farmer. however, this kind of proceedings shall be admissible to their benefit. waiving or express consent shall not be accepted when the claimed acts affect the community’s rights, unless waiving or express consent are agreed by the general assembly of the farming cooperative. the constitutional adjudication against rulings pronounced by judicial, administrative or labor courts shall be admissible only in the following cases: against final rulings, binding judgments or resolutions that end the trial, no matter if infringement is committed by such rulings, binding judgments or resolutions, or during the proceeding affecting the plaintiff’s defense and the verdict. regarding the constitutional adjudication mentioned in this subdivision and in the section v of this article, the specialized circuit court shall decide on all infringements to the proceedings and the corrections to the brief, establishing the terms for the new ruling. if such violations were not reported in the first constitutional adjudication, and the specialized court did not decided on the subject, then they cannot be invoked in a second constitutional adjudication. the party who has obtained a favorable ruling, as well the party who has legal interest that the act in question persists, can file a constitutional adjudication in addition to the one filed by any of the parties involved in the trial that generated the challenged act. the law shall determine the procedure and requirements to file such trial. for the constitutional adjudication admissibility, first the plaintiff must exhaust the ordinary instruments provided by the applicable law, which may be suitable to modify or revoke the final sentence, binding judgment or ruling, except for the cases when the law allows plaintiff to waive such resources. violations to the procedural law should be invoked when challenging the final rulings, binding judgments or resolutions that end the trial, provided that the plaintiff has challenged them through the ordinary instruments. however, this requirement does not apply to the constitutional adjudication filed against acts which affect the rights of minors or disabled persons, or affect the marital status or the family’s order and stability, or the criminal acts filed by the defendant. against acts in trial which enforcement would render them impossible to restitute, provided that all applicable appeals have been exhausted. against acts affecting persons who are not involved in the trial. regarding the administrative matter, the constitutional adjudication is accepted also against rulings pronounced by other authorities, different to the judicial, administrative and labor courts, which caused irreparable offence. it is necessary to exhaust these means of defense, provided that the effects of such acts have been suspended by the court or by the plaintiff through the appropriate legal instrument. in this case, the constitutional adjudication shall have the same scope than the one indicated by the statutory law, and the requirements will be the same as required to grant the final suspension. also, the term shall not be greater than the one established for provisional suspension, regardless of whether the act may be suspended or not, according to the law. it is not necessary to exhaust such means of defense when the challenged act has no grounds, or when only direct violations to this constitution are argued. the constitutional adjudication against final sentences, binding judgments or rulings that end the trial, shall be filed with the competent specialized circuit court, according to the law, in the following cases: relating to criminal matter, against final rulings pronounced by federal, ordinary or military courts. relating to administrative matter, when private persons challenge final sentences or rulings pronounced by administrative or judicial courts, provided that such sentences or rulings are not repairable through a legal instrument, trial or any other ordinary means. relating to civil matter, against final sentences pronounced in federal trials, or in federal or local mercantile trials, or in trials for common crimes. in federal civil cases, sentences may be challenged through the constitutional adjudication by any of the interested parties, even the federal government, in defense of its pecuniary interests. relating to labor issues, when adjudication pronounced by a federal or local commission for conciliation and arbitration or by the federal court of conciliation and arbitration for public employees were challenged. the supreme court of justice may, by its own motion or by motion of the collegiate circuit court, the attorney general in the issues that concern to the public prosecution service, or by the federal executive through its legal government counselor, hear direct constitutional adjudications given that are considered important or transcendental. the statutory law shall indicate the procedure and conditions to be met by the collegiate circuit courts and the supreme court in order to pronounce a ruling relating to section v of this article. the constitutional adjudication against acts or omissions committed during a trial, in the trial context or after that the trial, or against acts that affect persons who are not involved in the trial, or against general laws or administrative authority’s acts or omissions, shall be lodged before the district judge having jurisdiction over the place where the harmful actions have been committed or have been tried to be committed. the procedure for such constitutional adjudication is as follows: 1) authority’s report, 2) a hearing, 3) receipt of evidence provided by the interested parties, and 4) argument hearing. the sentence shall be pronounced in the hearing. the sentences pronounced as a result of a constitutional adjudication by a district judge or a unitary circuit court may be reviewed. such review shall be lodged before the supreme court of justice: in the event that the unconstitutionality still remains after the constitutional adjudication filed against general provisions that directly violates the constitution. in the cases mentioned in the article 103, sections ii and iii, of this constitution. the supreme court of justice may, by its own motion or by motion of the collegiate circuit court or the attorney general in the issues that concern to the public prosecution service, or by the federal executive through its legal government counselor, hear constitutional adjudications in review process that are considered important or transcendental. in all other cases, reviews shall be lodged before a collegiate circuit court, which sentence shall be final and shall not admit any further review. regarding the direct constitutional adjudication, the review resource is appropriate to challenge the sentences concerning the unconstitutionality of general provisions, or make a direct interpretation of a constitutional provision, or failed to rule on these issues, provided that the supreme court of justice considers that such rulings create an important and transcendent criterion. in the constitutional adjudication, only the constitutional issues shall be analyzed. claimed acts may be suspended in the cases and under the terms established by statutory law. for this purpose, the adjudication judge shall make an analysis on the law and public interest. regarding criminal matter, such suspension shall be applied while notifying the constitutional adjudication lodged. regarding civil, mercantile and administrative matters, such suspension shall be applied when the plaintiff pays a bail, which shall be used to pay for the damages caused by the suspension to a third party. such suspension shall be void if the other party pays an indemnity bond in order to assure re-installment of the situation as if the constitutional adjudication has been granted. the direct constitutional adjudication shall be lodged before the authority responsible, which shall rule on the suspension. in other cases, suspension shall be filed with the district court or the unitary circuit court, which shall rule on suspension, or with the state courts where allowed by law. appeals against violations to the constitutional rights provided under articles 16, related to criminal matter, 19 and 20, shall be filed with the superior court standing directly above the court that committed the infringement, or with the appropriate district judge or unitary circuit court. the rulings pronounced hereby may be reviewed according to the provisions established in the paragraph viii of this article. in the event that the district judge or unitary circuit court does not reside in the same place than the authority responsible, then the law shall define the appropriate judge or court to lodge the constitutional adjudication. such judge or court can suspend temporarily the challenged act in accordance with the law. in the event that collegiate courts of the same circuit defend contradictory criteria regarding constitutional adjudications under their jurisdiction, then the attorney general, in regard to criminal and criminal procedures issues, as well as in issues related to his function; the collegiate circuit courts and their members; the district judges; or the parties involved can report this contradiction to the appropriate circuit court, which shall decide which argument shall prevail as legal precedent. in the event that circuit courts belonging to different circuits, or the specialized circuit courts belonging to the same circuit, or collegiate circuit courts of the same circuit with different specialization defend contradictory criteria in the matters of their jurisdiction, then the ministers of the supreme court of justice of the nation, the circuit courts or the bodies mentioned in the previous paragraph can report this contradiction to the supreme court of justice, so that the plenary meeting or the respective courtroom decides which argument shall prevail. in the event that the courtrooms belonging to the supreme court of the nation defend contradictory criteria in the constitutional adjudications under their jurisdiction, then the ministers of the supreme court of justice of the nation; the collegiate circuit courts and their members; the district judges; the attorney general in criminal or criminal procedures issues or in matters related to his functions; the federal executive through its legal government counselor; or the parties involved can report this contradiction to the supreme court of justice in their plenary meeting so that they can decide which argument shall prevail according to the laws and norms. rulings pronounced by the plenary meeting of the supreme court of justice or by one of its courtrooms, or by the circuit courts according to the previous paragraphs, shall only establish jurisprudence. they shall not affect the specific legal situations derived from the sentences pronounced in the trials where contradictory legal precedents arose. (repealed by the decree published on june 6, 2011) the attorney general, or the federal public prosecutor appointed by for that effect, shall be an interested party in all constitutional adjudications in which the challenged act involves procedures in regard to criminal matters and those that the law establishes. if the authority responsible fails to enforce the sentence pronounced in the constitutional adjudication, but such failure is justified, then the supreme court of justice of the nation shall grant the authority responsible a reasonable term to enforce the sentence, according to the procedure provided by the statutory law. this term may be extended at the request of the authority responsible. if failure to observe the sentence is not justified, or the term has expired, then the supreme court of justice shall dismiss the head of the authority responsible from office and bring him/her to trial before the appropriate district judge. this will apply also to the hierarchical superior of the authority responsible if he/she is liable, as well as to the previous heads of the authority responsible, if they failed to enforce the sentence. if the act in question is repeated, given that the constitutional adjudication has been granted, the supreme court of justice shall dismiss the head of the authority responsible from office, according to the procedure established by the law. the supreme court shall notify the federal public prosecution service, unless the authority responsible acted with no premeditation and cancels the act in question before the supreme court of justice pronounces the respective ruling. the supreme court of justice can replace the sentence pronounced in a constitutional adjudication, by its own motion or at the request of plaintiff, when the execution of such sentence affects seriously the society or third parties, more than the benefits granted to the plaintiff, or when it is impossible or excessively onerous restore the previous situation. then, the sentence should be exchanged by an economic compensation to the plaintiff. for this purpose, the parties shall sign a covenant before the supreme court of justice. the constitutional adjudication cannot be filed until the sentence is enforced. the responsible authority shall be prosecuted before the appropriate authority if it fails to suspend the challenged act having the duty to do so, as well as if it accepts a false or inadequate bail. (repealed by the decree published on september 03, 1993) title four. public servants’ accountability, individuals related to administrative liabilities or corruption acts article 108 for the purposes of this title, public servants or civil servants are the representatives elected by popular vote; the members of the federal judicial branch; the members of the judicial branch of the federal district; the officials, the public employees and, in general, any person who holds any position or assignment in the congress of the union, in the federal district’s assembly of representatives, in the federal government or in the federal district government. public servants are also the persons who work in the autonomous bodies created by this constitution. public servants are accountable for the acts or omissions they commit in the performance of their duties. the president of the republic, during his term in office, may be impeached only for treason or serious common crimes. governors, representatives of the state houses, magistrates of the states supreme courts, members of the local judicial councils, members of the municipal councils and the members of the autonomous entities established in the local constitutions or the autonomous entities established by the federal district charter, shall be liable for infringements against this constitution and federal laws, as well as for mishandling federal funds and resources. the constitutions of the states shall detail the public servants that perform any job, position or assignment in the state or municipal government according to the terms described in the first paragraph of this article in order to establish the effects of their performance. those public servants shall be accountable for the mishandling of public resources or for public debt. the public servants described in this article shall submit, under oath, a declaration of assets and properties and a declaration of interests before the corresponding authorities and according to the terms defined by the law. article 109 public servants and individuals that infringe the law in regard to the responsibilities with the state shall be penalized according to the following: the public servants mentioned in the article 110 can be impeached and punished when during their time in office they commit acts or omissions that affect fundamental public interests or they affect their proper exercise. impeachment due to expression of ideas is not accepted. perpetration of crimes by any public servant or individuals that commit corruption acts shall be prosecuted according to the applicable criminal law. the laws shall establish the cases and circumstances in which criminal sanction shall proceed due to illicit enrichment to the public servants that during their term in office or because of it increase their assets or estate and which legal origin can not be proved. the laws shall state that this type of offence shall require confiscation of the assets as penalty among others that may apply. administrative penalties shall be imposed to the public servants who commit acts or omissions affecting their legality, honesty, loyalty, impartiality and efficiency while performing their duties or commissions. reprimand, suspension, dismissal, and banning constitute administrative penalties. economic penalties shall be established according to the economic benefits that the accused obtained by the misuse or abuse of public office. the law shall determine the procedures for the investigation and prosecution of these acts. the federal auditing office, the comptroller offices or their partners in the local governments will investigate the administrative offences accordingly and the resolution will be made by the administrative justice court that correspond. other offences and sanctions will be resolved by the internal comptroller offices. for the investigation, prosecution and resolution of the administrative responsibilities of the member of the federal judicial power the procedures will follow the article 94 of this constitution regardless the powers of the federal auditing office in terms of the accountability on the management, use and safekeeping of public resources. the law shall establish the cases and procedures to challenge the categories given by the internal comptroller offices about administrative offences as severe or not severe. the federal agencies shall have a comptroller office with the powers stated by the law to prevent, correct and investigate those acts or omissions that may constitute administrative responsibilities. the comptroller offices may punish those administrative offences that are not in the jurisdiction of the federal administrative court, it also may supervise the revenues, expenditures, management, safe-keeping and use of the federal public resources, as well as to present inquiries for acts and omissions that may constitute a criminal offence before the specialized anti-corruption prosecution office. the local and municipal public agencies, as well as the public agencies of the federal district and its territorial divisions shall have internal comptroller offices that will be responsible for the local supervision and powers stated in the previous paragraph the administrative justice courts shall impose economic sanctions, disqualifications to participate in public tenders, leasing other services; as well as to establish the restoration of the damages caused to the treasury or the federal, local or municipal agencies to those individuals that participated in serious administrative offences regardless of other type of responsibilities that emerge from these actions. companies shall be punished in terms of this provision when the acts related to serious administrative offences are performed by individuals that act in representation of the company or to its benefit. the court may also order suspension of activities, dissolution or intervention to the respective company when the offences produce damages to the treasury or federal, local or municipal agencies, given that this company has obtained a pecuniary benefit of these activities and that there is proof that its administrative, supervision organs or its partners have systematically used the company to participate in administrative offences. in this case, the punishment will be executed once the final resolution is issued. the laws shall establish the procedures to the investigation and punishment to those acts and omissions. the procedures for the punishment application in the cases mentioned in the previous paragraph shall be independent. never shall a punishment for one single action be applied more than once. any citizen, by its own responsibility and presenting the corresponding evidence, may present before the house of representatives an inquiry about the acts and omissions mentioned in this article. provisions in regard to fiscal and financial secrecy or protection of data in deposit, management, savings or investment operations shall not proceed when the agencies responsible of investigation and sanction of administrative responsibilities or corruption acts are performing its duties. the law shall establish the procedures in which this information will be delivered. the federal auditing office and the ministry responsible for the internal control of the federal executive, may use the resolutions of the specialized anti-corruption prosecution office and the federal administrative justice court, as stated in article 20 part c item vii and article 104 of this constitution. the state’s responsibility for the damages caused to the rights and property of the individuals due to its irregular administration shall be objective and direct. the individuals will have the right to compensation according to the basis, limits and procedures established by law. article 110 the following civil servants may be impeached: members of the senate, members of the house of representatives, justices of the supreme court of justice, councilors of the federal judicial council, secretaries of state, members of the federal district’s assembly of representatives, the head of the federal district government, the attorney general of the nation, the attorney general of the federal district, the circuit magistrates, district judges, magistrates and judges of ordinary courts in the federal district, councilors of the federal district’s judicial council, the president of the electoral council, electoral councilors and the executive secretary of the national electoral institute, magistrates of the electoral court, the members of the constitutional autonomous organs, and the general managers of the decentralized agencies, semipublic companies, associations assimilated by semipublic companies and public trusts. governors, local representatives, magistrates of the local superior courts and the members of the local judicial councils, as well as the members of the local agencies that the local constitutions and the federal district charter grants autonomy; they may only be impeached in reason of: a) serious infringement of this constitution and the federal laws derived from it, b) mishandling federal funds and resources. however, the ruling shall be only declarative and shall be notified to the state legislature in order to implement the pertinent proceeding. penalties for public servants shall be: dismissal from office and disqualification to perform any public function, job, position or assignment in the public service. the procedure shall be as follows: the house of representatives shall substantiate the case, shall hear the accused and the absolute majority of the members of the house shall declare the impeachment. then the house of representatives shall submit the impeachment to the senate. the senate shall carry out the necessary proceedings and shall hear the accused. the senate then shall become jury and shall impose the appropriate penalty by the vote of the two-thirds of the members present. rulings pronounced by the house of representatives and the senate are irrefutable. article 111 members of the senate, members of the chamber of deputies, justices of the supreme court of justice, magistrates of the supreme electoral court, councilors of the federal judicial council, secretaries of state, members of the federal district’s assembly of representatives, the head of the federal district government, the attorney general of the nation, the attorney general of the federal district, as well as the president of the electoral council and electoral councilors of the general council of the national electoral institute may be indicted for perpetration of crimes during their terms. the house of representatives shall declare, by absolute majority of the present deputies, whether there are grounds to proceed against the accused. a negative declaration by the house of representatives shall suspend any further procedure. however, such a suspension shall not resolve the indictment in a definitive way. once the accused finish his term in office, a criminal trial shall begin if the charges remain. if the house of representatives declare the indictment, the individual shall be turned over the respective authorities, which shall proceed according to the law. the president of the republic may be charged only before the senate and according to the provisions established by the article 110. the senate shall resolve the case observing the applicable criminal law. governors, local representatives, magistrates of the local superior courts and the members of the local judicial council, and members of the local entities that are granted autonomy by the local constitution or the federal district charter may be indicted for federal crimes and shall follow the procedures established in this article. however, the indictment ruling shall be only declarative and shall be notified to the state legislature in order to implement the pertinent proceedings. rulings pronounced by the house of representatives and the senate are irrefutable. if the resolution declares the indictment, the public servant shall be removed from office while is on trial. in the event of acquittal, the accused can resume duties. in the event of guilty verdict, pardon may not be granted to the accused, provided that the crime was perpetrated during his term. related to lawsuits on civil matter against any public servant, it is not necessary that the congress declare the indictment. prison sentences shall be applied according to that established in the criminal law. in the case of crimes where the perpetrator obtains economic benefit or cause damage or loss to property, prison sentence shall be proportional to the profit obtained by the accused and to the damages and losses caused by his unlawful conduct. economic penalties cannot exceed three times the amount of gains obtained or the damages or losses caused. article 112 it is not necessary that the house of representatives declare the indictment when any public servant, mentioned in the first paragraph of the article 111, perpetrates a crime when he is not holding office. however, if the public servant resumes duties or has been appointed or elected for a new position, which is mentioned in the article 111, he shall be indicted according to such article. article 113 the national anticorruption system will be the coordinating entity between the authorities of every government level responsible for prevention, detection and punishment of administrative responsibilities in corruption acts, as well as the surveillance and control of public resources. for the fulfillment of its objectives it will adhere to the following provisions: the national anticorruption system shall have a coordinating committee that will be formed with the directors of: the federal auditing office, the specialized anticorruption prosecution office, the federal ministry responsible for internal control, the president of the administrative justice court, the president of the national transparency agency, one representative of the federal judicial council and one representative of the citizen participation committee. the citizen participation committee of the national anticorruption system shall be formed by five citizens that have distinguished themselves for their contributions to transparency, accountability and the anticorruption movement. they will be nominated according to the law. the coordination committee of the national anticorruption system will be responsible for: the establishment of a mechanism of coordination with the local systems the design and advancement of comprehensive policies in regard to accountability and control of public resources, policies about prevention, control and deterrence of administrative offences and acts of corruption with special focus on the causes of these acts. the establishments of mechanisms for the generation, systematization, sharing and update of the information in regard to these topics that the institutions generate. the establishment of basis and principles for the effective coordination between authorities of different government levels in regard to accountability policies and control of public resources. the creation of an annual report that details the results and progress in the exercise of their functions and the implementation of anticorruption of policies and programs. as a result of this report, the system may issue nonbinding recommendations to the corresponding authority in order for them to implement the measures and procedures to strengthen the institution and prevent administrative offences and corruption acts. the authorities that receive these recommendations shall inform the committee about the implementation of those recommendations. the states and the federal district shall establish local anticorruption systems to coordinate the corresponding local authorities about the prevention, detection and punishment of administrative responsibilities and corruption acts. article 114 impeachment against a public servant can be initiated only during the period of time he is holding office and within the first year after such term. punishments shall be applied within the first year after that proceedings have initiated. crimes perpetrated by a public servant during the period of time he is holding the office shall be punished according to the statutes of limitations provided by the criminal law. such terms shall never be shorter than three years. statute of limitations shall be interrupted while the public servant holds any of the offices listed in the article 111. the law shall establish the cases where the statute of limitations shall be applied to administrative liability, taking into account the nature and consequences of the acts or omissions mentioned in the article 109, paragraph iii. statute of limitations shall never be shorter than seven years for serious acts or omissions. title five. mexican states and the federal district article 115 the states comprising the united mexican states shall adopt a republican, representative, democratic, secular and popular form of government for their own organization. the states shall be divided into municipalities, which shall be the basis of the political and administrative organization according to the following criteria: each municipality shall be governed by municipal council, which shall be composed of one mayor and the number of councilors and community representatives established by law. this constitution grants the governing powers to the municipal council exclusively and there shall not be an intermediate authority between the municipal council and the local governments. the local constitutions shall establish the consecutive election for the same office to the presidents of the municipal councils, councilors and community representatives for an additional term in office whenever the term in office does not exceeds three years. these candidates shall only be nominated by the same party or coalition party that nominated them to their first term in office, unless they had resigned or lost their membership before the first half of their term in office. state legislatures, by resolution of the two-thirds of their members, can suspend a municipal council, eliminate it or suspend or revoke the powers of any of its members due to a serious cause mentioned by law, provided that the members of the municipal council have had sufficient opportunity to submit evidence and provide arguments that to their consideration may be useful. substitutes shall be appointed to the vacant positions, according to the procedures described by the law. in the event that the state legislature eliminates a municipal council, or in the event of resignation or absolute absence of the majority of its members, when the law does not allow the substitutes to finish the term nor to call elections, the state legislature shall appoint some inhabitants to make up a city board, which shall finish the term. the law shall establish the number of members for such city board. the members of the city board shall meet the same requirements than the councilors. municipalities shall be vested with legal status and shall manage their own assets in accordance with the law. the state legislatures shall enact laws to empower municipal councils so they can approve and issue statutory laws, regulations and administrative rulings within their respective jurisdictions. the municipal councils shall have the powers to organize the municipal public administration and to regulate public procedures, functions, affairs and services and to encourage citizen participation. the purpose of such laws shall be to define: the general basis of the municipal public administration and the administrative procedures, including legal challenges and the bodies that shall resolve the controversies that could arise between the municipal government and private individuals, observing the principles of equality, open trial, hearing and legality. the cases where the consent of the two-thirds of the municipal council members is required to pronounce rulings affecting the municipal council’s assets, or to approve agreements or acts for a period longer than the term of the municipal council in question. the norms to be applied to the agreements mentioned in the items iii and iv of this article and in the second paragraph of the item vii of article 116 of this constitution. the procedure to be followed by the state government in order to take charge of a local function or service due to the lack of a service provision agreement and by consideration of the legislature that the municipal government is not able to provide the service. in this case, it shall be necessary a previous request from the municipal council in question, approved by at least the two-thirds of its members. the provisions to be applied in those municipalities where there are not ordinances or statutory laws. state legislatures shall establish the procedures to be followed in order to resolve conflicts that may arise between the municipal councils and the state government, or between two or more municipal councils, caused by the acts mentioned in the previous paragraphs “c” and “d”. city councils shall be in charge of the following functions and public services: drinking water, drainage, sewerage system, treatment and disposal of sewage. street lighting. garbage cleaning, collection, transport, treatment and final disposal. municipal markets and wholesale markets. cemeteries. slaughterhouse. streets, parks and gardens, as well as their equipment. public security, according to the provisions established by the article 21 of this constitution, as well as preventive and transit police. other affairs determined by the state legislature, depending on the territorial, social and economic conditions of the municipality and on the administrative and financial resources of the municipal council. the municipal councils, prior agreement of their councils, can coordinate their activities and collaborate to improve public services and their functions. for this purpose, the approval of the state legislature is necessary. when two or more municipal councils belonging to different states want to collaborate, the approval of their respective state legislature is necessary. likewise, a municipal council and the respective state can make and execute agreements to authorize the state to temporarily take charge of one or some public services, directly or through the appropriate body, or when the municipality and the state agree to provide public services in a coordinated manner. indigenous communities belonging to the same municipality can also coordinate their activities and collaborate according to the law and for the purposes indicated thereof. municipal councils shall freely manage their properties and assets, which shall be composed of the yields generated by their properties, as well as of the taxes and other revenues authorized by the state legislatures. municipal council’s assets shall include: property tax and taxes on breaking up, division, consolidation, improvement and transfer of property, as well as any others that result from a change in the value of real estate. city councils can make and execute agreements with the state to authorize the state government to take charge of some functions regarding to management of local taxes. federal contributions authorized annually by the state legislature, specifying conditions, amounts and terms. revenue generated by provision of public services. federal laws shall not restrict the power of the state legislatures to fix the taxes and prices of the public services mentioned in the previous paragraphs “a” and “c”. federal laws shall not grant tax exemptions thereof. state laws shall not grant tax exemptions or allowances to the benefit of any person or institution. only the properties belonging to the federal, state and municipal governments shall be exempt from taxes, provided that they are not used by semipublic or private entities for purposes different to those defined as public purpose. municipal councils shall submit to the state legislature their proposal for tolls, charges, rates, taxes and the table of property value, which serve as basis to fix the property tax. state legislatures shall approve the revenue law for the municipal councils, and shall review their public accounts. the municipal council, based on the available revenue, shall approve the expense budget and it shall include detail information about the salaries of the municipal public servants, according to that established in the article 127 of this constitution. the resources constituting the municipal treasury shall be applied directly by the municipal council or by whomever it authorizes, according to the law. in accordance with the terms provided by the applicable federal and state laws, the municipal councils shall have power to: plan, approve and manage urbanization and urban development. participate in the creation and administration of its own territorial reserves. participate in regional development planning, according to the general plans. federal and state governments shall invite municipal councils to participate in regional development planning. authorize, control and supervise land use within their territory and jurisdiction. intervene in regularization of urban land tenure. grant construction permits. participate in creation and administration of nature reserves and in development and application of rules on this topic. intervene in development and implementation of public transportation programs, provided that such programs affect the city council’s territory. make and execute agreements to manage and protect federal zones. the municipal councils shall have power to issue administrative regulations and provisions necessary for the performance of their duties, where applicable and according to the purposes established in the third paragraph of the article 27 of this constitution. when two or more urban settlements located in two or more different municipalities or states tend to form one single urban settlement, then the federal, state and municipal governments involved shall collaborate to plan and regulate the development of such urban settlement, observing the applicable federal law. preventive police shall be under the mayor’s command, according to the terms established by the state public security act. municipal police shall obey the orders given by the governor in extreme cases or serious disturbances of public order. the president of the republic shall have command of public force in the place where he resides regularly or temporarily. state laws shall introduce the principle of proportional representation in the election of the municipal council members in all municipalities. labor relations between the municipal council and its employees shall be guided by the applicable state laws in accordance with the article 123 of this constitution and its statutory provisions. (repealed by the decree published on march 17, 1987) (repealed by the decree published on march 17, 1987) article 116 public power of a state shall be divided into three branches: executive, legislative and judicial. two or more of these powers cannot be united in one single person or corporation, nor shall the legislative branch be vested in one single person. public powers of a state shall be subjected to the state constitution, according to the following provisions: state governors shall not hold the office for more than a six-year term. governors and state representatives for the local congress shall be elected by direct vote in accordance with the provisions established in the applicable electoral law. state governors elected by popular vote, in ordinary or extraordinary elections, cannot have another term in office by any motive, not even as interim, provisional or substitute. the following public servants may never be elected for the immediate subsequent term: the substitute of a governor or the person appointed to finish the term due to the absolute absence of the incumbent constitutional governor, even if the position has a different name. the interim governor, the provisional governor or the person appointed to substitute the governor during temporary absences, whenever this takes place during the last two years of the governor’s term. to become state governor, a person shall: a) be a mexican citizen by birth, b) be a native of the respective state or live in such state for no less than five years immediately before the day of the election, and c) be at least 30 years old the day of the election. the state constitution can establish a younger age for the governor. the quantity of representatives in the state congress shall be proportional to the number of inhabitants. the minimum quantity of representatives shall be seven, even if the state has a population of less than 400 000 inhabitants. the states with a population between 400,000 and 800,000 inhabitants shall have at least of nine representatives. the states having a population of more than 800,000 inhabitants shall have a minimum of 11 representatives. the state constitutions shall establish the consecutive election for representatives of the local congress up to four consecutive periods. for this matter, the candidate shall only be nominated by the same party or any coalition party that nominated him/her for the first term in office; unless, he/she had resigned or lost its membership before the first half of their tenure. the local congress shall be formed with elected deputies according to the principles of relative majority and proportional representation in the terms established by law. in no case a political party may have a number of deputies, by both relative majority and proportional representation principles, that exceeds, in percentage of the total legislature, by eight points its percentage of votes obtained in the election. this principle shall not be applied to the political party that by its triumphs in uninominal districts gets a percentage of representatives from the total legislature larger than the addition of its percentage of votes obtained in the election plus eight percentage points. likewise, the minimum percentage of representation of a political party shall not be less than the percentage of voted obtained in the election minus eight percentage points. the state legislature shall approve the corresponding annual expense budget. salaries for the public servants shall observe the provisions established in the article 127 of this constitution. the state legislative, executive and judicial branches, as well as the autonomous entities recognized by the state constitution, shall include in their proposal for expenses budget the detailed information about salaries for their employees. these proposals shall follow the procedures provided by the state constitution and the applicable state laws. state legislatures shall have a local auditing office, which shall be granted with technical and managerial autonomy, as well as autonomy to decide about its internal organization, functioning and rulings according to the law. the auditing function shall be exercised according to the principles of legality, impartiality and reliability. this office shall audit the state and municipal management of funds, local resources and public debt. the reports of the local auditing office shall be public. the head of the local auditing office shall be appointed by the two-thirds of the members present in the house of representatives of the state. the head of the local auditing office will remain in office for a period of no less than seven years. the elected official will be required to have five years experience in matters of control, financial auditing and liabilities. the public account of the previous years shall be sent to the state legislature before april 30th of the current year. this time limit may only be postponed upon a justified request issued by the governor and after consideration of the legislature. the state legislature will regulate the terms for the citizens to submit legislative bills before the respective congress. the local judicial power shall be exercised by the courts established by the corresponding state constitution. the magistrates and judges shall be granted with independence in the performance of their duties by the state constitutions and the local organic laws of the respective state. these laws shall establish the requirements for admission, training and continuity of those employees of the state judicial branch. local magistrates shall meet the requirements established in sections i to v of the article 95 of this constitution. persons that during the previous year to the day of the appointment have held the office of secretary or equivalent, local attorney general or local representative of the congress may not be magistrate. magistrates and judges appointed shall preferably be persons who have served efficiently and honestly in the judiciary, or who deserve the position because of their honorability, abilities and previous performance in the legal career. magistrates shall hold the office during the period of time specified in the local constitution, they may be reelected and they also may be removed from office only according to the state constitution and to the states’ public service accountability act. magistrates and judges shall receive an adequate remuneration, which is non-negotiable and may not be reduced during their term in office. according to the norms stated in this constitution and the general laws in this matter, state constitutions and local electoral laws shall guarantee that: elections of governors, members of the local legislatures and members of the municipal councils are carried out through the universal, free, secret and direct suffrage, and that the elections take place the first sunday of june of the respective year. this provision shall not be applicable to the states where local elections take place the same year than federal elections, but not the same day. the principles of certainty, impartiality, independence, legality, objectivity and maximum publicity shall govern the work of the electoral authorities. the authorities in charge of organizing elections and the jurisdictional authorities that resolve electoral disputes are autonomous in the exercise of their functions and are granted with independence to make their decisions according to the following statements: the local electoral public organs shall have a directive council formed with a president of the council, and six electoral councilors granted with voice and vote plus an executive secretary and representative of the political parties that shall only be granted with voice before the council. each political party shall be granted with a representative in the council. the president of the council and the electoral councilors shall be appointed by the general council of the national electoral institute according to the terms provided by law. the local electoral counselors shall be from the state they will serve as councilor or shall have at least five years of residence in the state previous to the date of the appointment. the counselors shall fulfill the requirements and the profile suitable to the position. in case that a vacancy of electoral counselors happens, the general council of the national electoral institute shall make the corresponding appointment in the terms described by law and by this article. if the vacancy happens during the first four years of their term in office than a substitute shall be appointed to continue the term. if the vacancy happens during the last three years of the term in office then an electoral councilor shall be appointed for a new term in office. the local electoral councilors shall remain in office for a seven-year period and shall not be reelected. they shall receive a salary in accordance to their functions and may be removed by the general council of the national electoral institute according to the serious reasons stated by law. the local electoral councilors and other public servants specified by law shall not hold other office or have another employment or commission except of those unpaid activities such as research, cultural, academic, scientific and altruistic activities. they shall not accept a public office in the organs in which the local electoral public organ was involved to elect their officials or representatives, and they shall not be nominated to run for a public office or hold a position in the party leadership during the next two years after finishing their term as electoral councilors. the corresponding jurisdictional electoral authorities shall be composed by an odd number of magistrates that shall be elected by two thirds of the present members of the senate with prior public call in the terms specified by law. the local electoral public organs shall have public servants granted with public trust for the electoral acts and whose attributions and functions law shall define. the challenges to the acts in regard to the local electoral process done by the national electoral institute, according to the part v of the article 41 of this constitution, shall be resolved by the electoral court of the judicial branch of the federation according to the law. the administrative electoral authorities have the power to make and execute an agreement with the national electoral institute, so that this last entity organizes local elections. the political parties are composed of citizens only, without intervention of labor unions or other organizations, and that political parties are not affiliated to a corporation. state constitutions and state electoral laws shall also guarantee that the political parties have the right to register candidates for popular elections, except for the provisions of article 2, section a, paragraphs iii and vii, of this constitution. electoral authorities shall intervene in the internal affairs of the parties only according to the provisions established by the electoral laws. the local political party that does not obtain, at least, the three percent of the total effective votes casted in any of the elections for the renewal of the executive power or the local congress will lose its registry. these norms shall not apply to the national political parties that participate in local elections. the political parties shall receive public funding, in a fair manner, for their permanent ordinary activities and their electoral activities. state constitutions and state electoral laws shall also establish procedures to settle political parties that lose registration and shall decide over their properties and balances. the definition of the criteria for the expenditure limits made by the political parties during the run-ups and campaigns, as well as to the contributions made by sympathizers and militants. the political parties shall have access to airtime in radio and television, according to the rules established in the article 41, section iii, part b of this constitution. establish the rules for the run-up and electoral campaigns, as well as the appropriate penalties to offenders. in every case, the duration of the campaigns shall be between sixty and ninety day for the governor election and thirty to sixty days only when there are elections for local congress and municipal councils. the run-ups shall last no longer than two-thirds of the campaign term respectively. establish the regulation that applies to the nomination, registry, rights and obligations of the independent candidates guaranteeing their access to public financing and airtime in radio and television according to the terms established by this constitution and the corresponding laws. establish a system of legal means of challenge to guarantee legality of the electoral acts and rulings. define the postulates and rules to do the partial or total vote recount in regard to administrative and jurisdictional matters. specify the causes to annul elections for governors, for state representatives and for members of the municipal councils; as well as, the terms to file legal challenges and appeals, taking into account the principle of definitiveness in setting the stages of electoral processes. at least one local election shall be held on the same date that any of the federal elections is held. specify and typify the electoral crimes and the penalties imposed for each one of them. establish the grounds and requisites for the citizenry to request their registration as independent candidates to be elected to any post subject to popular vote, in accordance with article 35 of this constitution. the constitutions and laws of the states may grant full autonomy to the administrative justice courts to issue their resolutions, establish their internal organization, their functioning and procedures and in the case, the procedures against their resolutions. the courts shall resolve the controversies between the local and municipal public administration and between private parties. according to the respective laws, the courts shall impose the respective sanctions to the local or municipal public servants for severe infringements to their administrative duties and to the individuals that participate in severe administrative infringements, as well as to establish the respective compensations or pecuniary sanctions that result from the damages to the municipal or local treasuries or to the resources of local or municipal entities. the investigation and substantiation and punishment of the administrative responsibilities of the members of the local judicial branch shall be according to the provisions of the respective local constitution, without diminishing the responsibilities of the auditing office about the management, safe-keeping and use of public resources. labor relations between the state government and its employees shall be regulated by the laws enacted by the state legislature, based on the article 123 of this constitution and on its statutory regulations. federal government and state governments can agree transfer among them of some functions, provision of public services or implementation of infrastructure and works, whenever it is necessary for the economic and social development of the country. state government and municipalities can execute such agreements to provide public services or perform functions mentioned in the previous paragraph. the local constitutions shall establish specialized, impartial, collegiate and autonomous entities responsible for guarantee the right of access to information and the protection of personal data held by obligors [sujetos obligados], following the principles and fundamentals established in the 6th article of this constitution and the general basis, principles and procedures to exercise these rights stated by the general laws issued by the mexican congress. the state constitutions shall guarantee that the justice administration functions are based on the principles of autonomy, efficiency, impartiality, legality, objectivity, professionalism, responsibility and respect to human rights. article 117 in no case shall the states: conclude alliances or coalitions, or make treaties with any other state or foreign government. (repealed by the decree published on october 21, 1966) mint money or issue money, stamps or stamped paper. levy a road tax on the persons or goods that pass through their territory. impede, directly or indirectly, the entrance or exit of domestic or foreign merchandises, or levy a tax on them. levy a tax on circulation and consumption of domestic and foreign products when taxes or fees are collected by the local customs, or the packages are subject to inspection or registration, or require it to be accompanied by documents. enact or keep in force fiscal laws or provisions that establish differences between the taxes and requirements for domestic products and those stated for foreign products, either such differences are established in respect to similar local products or between similar products of different origin. to make and execute, directly or indirectly, bonds or loan agreements with foreign governments, foreign associations or foreign private parties, or when such bonds or loans are to be paid with foreign currency or outside the country. states and municipal councils may only make and execute bonds or loan agreements when such resources are to be allocated in the investment of productive public projects or to refinance them, these agreements must follow the best market conditions. the same applies to decentralized organs, public companies, public trusts or in the case of the states when they endorse municipal debt. state legislatures shall establish the basis on the corresponding law to follow this precept and to establish the concepts and amounts for these agreements. the executive power shall report these debt agreements in their annual accountability report. never shall the governments pursue these debt agreements to cover regular expenditures. state legislatures, by a two third vote of the present members of the congress shall authorize maximum amounts to agree on bonds and loan contracts given the best market conditions and with a previous analysis of its use, its payment capabilities, and in some cases to establish the source of payment or a payment guarantee. regardless the previous statement, states and municipal councils shall agree on liabilities to cover their short term needs but it may not surpass the maximum amounts or the conditions established by the general law issued by the national congress. the short-term liabilities shall be fully paid no further than three months prior the end of the corresponding government period and no new liabilities shall be agreed within those last three months. levy a different tax on production, store or sale of leaf snuff than the tax authorized by the congress of the union. the congress of the union and the state legislatures shall enact laws to fight alcoholism. article 118 without the congress of the union’s consent, the states cannot: establish tonnage duties or any other port duties, or levy a tax on importing or exports. have permanent troops or warships. declare war against foreign nation, except for cases of invasion or imminent danger. in such case, the state shall notify immediately the president of the republic. article 119 the powers of the union have the duty to protect the states against foreign invasion or violence. in the event of uprising or internal social unrest, the powers of the union must protect the state, as long as they are called by the state legislature, or by the governor if legislature is not in session. each state and the federal district are obliged to deliver, without delay, those suspected, processed or convicted persons required by another state, as well as to carry out confiscation and delivery of objects and instruments used in perpetration of the crime and the benefits thereof. these obligations will be complied through the respective organs of justice procurement, observing the conditions established in the collaboration agreements made by the states. for this purpose, the local authorities can make and execute collaboration agreements with the federal attorney general’s office. calls for extradition, made by a foreign state, shall be processed by the president of the republic, with the intervention of the judicial authority in accord with the provisions stated in this constitution, in the applicable international treaties and in the statutory laws. in those cases, the writ of the judge, ordering to comply with the call for extradition, shall be enough to cause the person requested to be detained for up to 60 calendar days. article 120 governors are obliged to publish and uphold federal laws. article 121 each state of the federation shall give full faith and credit to the public acts, registrations and judicial proceedings made by the other states. the congress of the union, through general laws, shall establish the way for proving such acts, registrations and judicial proceedings and their effect, in accord with the following bases: the laws of a state only have effect inside its own territory; as a consequence, they have no effect outside thereof. personal property and real estate shall be subject to the local law applicable to the place where they are located. sentences passed by a court of a state about property rights on properties located in another state, may only be enforced in the other state when its own laws so provide it. sentences about personal rights may only be enforced in other state when the person judged has, expressly or by reason of residence, submitted himself to the jurisdiction of the courts that pronounced such sentences, provided that the person has been summoned to appear in the trial. acts pertaining to marital status, carried out according to the laws of a state, shall be valid in the other states. university degrees issued by a state government, in accord with its laws, shall be valid in the other states. article 122 the legal nature of the federal district has been defined in the article 44 of this constitution. the federal district government is entrusted to the powers of the union together with the local executive, legislative and judicial branches, observing the provisions established in this article. the local authorities of the federal district are: the assembly of representatives, the head of the federal district government and the superior court of justice. the federal district’s assembly of representatives shall consist of a number of representatives elected according to the principle of relative majority and the principle of proportional representation, following the procedure of lists for a multi-member circumscription, according to the provisions established by this constitution and the federal district charter. the head of the federal district government shall exercise the executive power and shall be responsible for the public administration of the entity. the head of the federal district government shall be vested in one single person, elected through universal, free, direct and secret suffrage. the superior court of justice and the judicial council of the federal district, together with the other bodies established by the federal district charter, shall perform the judicial functions related to common law in the federal district. the distribution of areas of jurisdiction among the powers of the union and the local authorities of the federal district shall be subject to the following provisions: it pertains to the congress of the union: to legislate on what is relative to the federal district, except for the affairs expressly conferred on the assembly of representatives. to issue the federal district charter. to enact laws that regulate the public debt of the federal district. to issue the general provisions that guarantees the appropriate, timely and efficient functioning of the powers of the union. the other powers conferred by this constitution. it pertains to the president of the republic: to propose laws to the congress of the union related to the federal district. to propose to the senate the person who should substitute the head of the federal district government in the event of his/her removal. to annually submit to the congress of the union the proposal of indebtedness in order to fund the expenditure budget of the federal district. the proposal shall be submitted by the head of the federal district government to the president and shall meet the requirements established by law. to uphold the administrative laws enacted by the congress of the union related to the federal district. the other powers conferred by this constitution, the federal district charter and the laws. the federal district charter shall be subject to the following bases: regarding the assembly of representatives: the members of the assembly of representatives shall be elected every three years through universal, free, direct and secret vote, in accordance with the provisions established by law. the assembly of representatives shall consider the provisions established in the articles 41, 60 and 99 of this constitution in regard to the organization of elections, the issuance of certificates and the legal challenges on electoral matter. qualifications to be a representative in the assembly shall not be less than those required to be a federal deputy. the compatible provisions included in the articles 51, 59, 61, 62, 64 and 77, paragraph iv, of this constitution shall be applied to the assembly of representatives and its members. the composition of the legislative assembly of the federal district shall invariably follow the criteria stated in article 116, fraction ii, third paragraph of this constitution. the assembly of representatives shall fix the dates for the beginning of two ordinary periods of sessions per year, and shall establish the procedures to create internal organ of government that will act during its recesses, as well as the attributions of such internal organ. the internal organ of government can call to an extraordinary period of sessions at the request of the majority of its members or of the head of the federal district government. the assembly of representatives, observing the federal district charter, shall have the following powers: to issue its own organic law and to send it to the head of the federal district government so that it is published. to review, discuss and approve annually the expense budget and the revenue law for the federal district, approving first the contributions necessary to cover the budget. such budget shall include the salaries of the public servants, which shall be subject to the provisions established in the article 127 of this constitution. all the legislative, executive and judicial organs of the federal district, as well as the autonomous bodies established by the federal district charter, shall include the detailed salaries of their employees in their proposals of expenditure budgets. the federal district charter and the applicable laws shall establish the procedure to approve the expenditure budget of the federal district. the revenue law for the federal district cannot include indebtedness higher than those previously approved by the congress of the union for the financing of the federal district expenditure budget. the head of the federal district government can exclusively submit the revenue law and the expenditure budget. the term to submit them ends on november 30, except for the years when the election of the head of the federal district government takes place, in which case deadline shall be december 20. the assembly of representatives shall submit annually its proposal for the budget to the head of the federal district government in order to include it in the general proposal. the provisions included in the article 115, section iv, point “c”, second paragraph, of this constitution shall be applicable to the treasury of the federal district in all matters consistent with its nature and organic system of government. the representatives assembly, through its auditing office shall analyze the public account that corresponds to the previous year according to the applicable criteria established in the article 74, section vi, of this constitution. public account of the previous year shall be submitted to the assembly of representatives no further than april 30. this term may be extended only when the head of the federal district government justifies it sufficiently to the assembly. the same shall apply for the extensions for submitting the revenue law and the expenditure budget. the federal district’s auditing office reports shall be public. the head of the auditing office of the federal district shall be elected by the two-thirds of the members present in the assembly of representatives, shall remain in office for at least seven years period and shall have five years experience in matters of control, financial auditing and liabilities. to appoint a substitute for the head of the federal district government in case of absolute absence. to issue the legal provisions required to organize public treasury, the budget, bookkeeping and public spending of the federal district, as well as the provisions required to organize the auditing office, vesting it with technical and operational autonomy to decide its internal organization, functioning and decision making. auditing function shall be exercised according to the principles of legality, impartiality and reliability. to issue the provisions required to guarantee free and authentic elections in the federal district through universal, free, secret and direct suffrage, according to the ground rules established by the federal district charter, which shall observe the principles and rules provided in article 116, section iv, paragraphs “b” to “o”, of this constitution. provisions established in paragraphs “j” thru “m” of the mentioned article and section making reference to the governor, local representatives and municipal councils shall apply, respectively, to the head of the federal district government, members of the assembly of representatives and district chiefs. to legislate in matters of local administration, its internal organization and internal administrative procedures. to regulate the human rights commission and to legislate in civil and criminal matters and in other matters like citizen participation, public defender, notary service and the land and commerce registry. to establish standards for civil protection, civic justice for police and governance offences, for the security services provided by private companies, for prevention and social reintegration, for public health and social work, and for social security. to legislate in matters of development planning; urban development, specially on land use; environmental preservation; housing; construction; public roads; traffic and parking; acquisitions and infrastructure; and exploitation and use of the federal district’s resources. to regulate provision and contracts of public services; to legislate in matters of public transport, cleaning services, tourism and lodging, markets, slaughterhouse, wholesale markets and cemeteries. to issue regulations on economic stimulations; employment protection; development of the agricultural and livestock sector; commercial establishments; animal protection; public shows; cultural, civic and sports promotion; and social education in accord with the article 3, section viii, of this constitution. to enact the organic law of the courts responsible for the common jurisdiction in the federal district. to issue the organic law of the court of administrative justice to legislate in the matter of the right of access to information and the protection of personal data held by obligors [sujetos obligados] of the federal district. the assembly of representatives may also legislate in issues of organization, administration and management of documents and files according to the general laws issued by the mexican congress to establish the bases, principles and procedures to exercise this right. the federal district shall establish an impartial, collegiate and autonomous entity responsible for guaranteeing the right of access to information and the protection of personal data held by obligors [sujetos obligados], this entity shall have legal personality, own patrimony, and full technical, managerial and decision-making autonomy in regard of its budget and internal organization. to present bill proposals or decrees to the mexican congress in regard to the federal district issues or governance. to establish by law the terms and requirements by which the citizens of the federal district may exercise their right of initiative before the assembly of representatives of the federal district. other powers conferred expressly by this constitution. regarding the head of the federal district government: the head of the federal district government shall hold office for a six-year term, beginning on the 5th day of december of the year in which election was held, in accordance with the provisions established in the electoral law. in order to be eligible for the office of the head of the federal district government, the individual shall meet the requirements established by the federal district charter, including: a) to be a mexican citizen by birth with legal capacity to exercise his rights; b) to have lived in the federal district for the three years previous to the date of the election, if he was born in the federal district; c) to have lived in the federal district for the five years previous to the date of the election, in a continuous manner, if he was born in another entity; d) to be at least 30 years old on the election day; e) not to have been head of the federal district government previously under any circumstance. being appointed to fulfill federal public duties in another state does not interrupt the residence. in the event of dismissal of the head of the federal district government, the senate shall appoint a substitute to finish the mandate. the president of the republic must propose such substitute. in the event of a temporary absence of the head of the federal district government, the office shall be entrusted to the public servant indicated in the federal district charter. in case of absolute absence, because of resignation or any other cause, the assembly of representatives shall appoint a substitute that finishes the term. resignation of the head of the federal district government shall be accepted only due to serious causes. the federal district charter shall regulate the leaves for this office. the head of the federal district government shall have the following powers and duties: to uphold and execute the applicable laws enacted by the congress of the union related to the federal district executive office or any of its agencies. to issue, publish and execute the laws approved by the assembly of representatives through the provision of administrative means by issuing regulations, decrees and covenants that allow its proper compliance. the head of the federal district government, within a ten days term, can make comments about the laws submitted to him by the assembly of representatives for enactment. should the project with comments be confirmed by two-thirds of the representatives present, it must be enacted by the head of the federal district government. to submit bills to the assembly of representatives. to appoint and remove freely the public servants subordinated to the local executive organ, whose appointment or dismissal is not foreseen in a different manner by this constitution or by the applicable laws. to manage public security services in accord with the federal district charter. other powers and duties conferred by this constitution, the federal district charter and the laws. regarding the organization of the local public administration in the federal district: the federal district charter shall distribute attributions among the central organs and the decentralized bodies. the federal district charter shall establish the political-administrative agencies in every administrative territory in which the federal district is divided. it shall also specify the criteria to carry out the territorial division of the federal district; the responsibilities of each one of the political-administrative agencies; how to create them and detail their functioning; and, establish the relationships between such political-administrative agencies and the head of the federal district government. the directors of the political-administrative agencies shall be elected through a universal, free, secret and direct manner, according to the law. regarding the superior court of justice of the federal district and the other judicial bodies in charge of common affairs: magistrates composing the superior court of the federal district shall meet the same requirements than the justices of the supreme court of justice of the nation. besides, they should have professional experience at judicial affairs, preferably in the federal district. the supreme court of the federal district shall have the number of magistrates indicated in the applicable organic law. in the event of vacancies, the head of the federal district government shall submit his proposal to the assembly of representatives for approval. magistrates shall hold the office for a term of six years. they may be ratified by the assembly of representatives, if so, they may be removed from office only in the cases established in the title four of this constitution. administration, supervision and discipline of the superior court, trial courts and the other judicial organs shall be the responsibility of the federal district judicial council, which shall be composed of seven members: the president of the superior court of justice of the federal district, who shall chair at the judicial council; a magistrate and two judges, elected by the two thirds of the members of the superior court, in plenary meeting; one councilor appointed by the head of the federal district government; and two councilors appointed by the assembly of representatives. councilors must meet the same requirements than magistrates. they must have professional and administrative experience; they also must be honest and honorable. councilors appointed by the superior court of the federal district must have proven experience in judicial field. councilors shall serve for a five year-term and they shall be replaced in a staggered way. councilors may not be appointed for a second term. the federal district judicial council shall appoint the judges for the federal district, according to the provisions regulating the judicial career. the judicial council shall also define the quantity of courts and courtrooms belonging to the supreme court that shall build up the judicial branch of the federal district, as well as their specialization. responsibilities and operating standards of the federal district judicial council shall be determined taking into account the provisions established in the article 100 of this constitution. the organic law shall state rules to provide training and updating to the public officials, as well as to develop their judicial career. impediments and penalties established in the article 101 of this constitution shall be applicable to the councilors, magistrates and judges. the federal district judicial council shall prepare the budget for the federal district courts and shall submit it to the head of the federal district government to include it in the general budget that shall be sent to the assembly of representatives. there shall be a court of administrative litigation, which shall have full autonomy to issue its resolutions and to establish its organization, functions and procedures, in some cases also to establish the corresponding challenges to its resolutions. the administrative court must resolve the conflicts between the federal district’s public administration and private parties. the court may impose, according to the law, the corresponding sanctions whenever public servants are found guilty for severe administrative responsibility and to the private parties responsible for severe administrative faults. it may also establish the corresponding economic sanctions or compensations for the damages caused to the federal district’s treasury or to the endowment of the federal district’s public organs. regardless the powers of the auditing offices about the management, safe-keeping and use of public resources, whenever the members of the superior justice court are under process of investigation or sanction for administrative responsibilities, the precepts established in the fraction ii, fourth base of this article shall be observed. the head of the federal district public prosecution service shall be the federal district attorney general, who must be elected according to the conditions provided by the federal district charter. the federal district charter and the applicable organic law shall determine organization, powers and operation of the federal district public prosecution service. the provisions set forth in the section vii of the article 115 of this constitution shall apply to the president of the republic. appointment and dismissal of the public servant in direct charge of the public force shall be carried out according to the terms established in the federal district charter. the senate, or the permanent committee, can dismiss the head of the federal district government due to serious causes affecting relationship between him and the powers of the union, or affecting the public order in the federal district. dismissal request must be presented by a half of the members of the senate or of the permanent committee. the city councils of the federal district suburbs can make and execute agreements with the federal district government and the federal government in order to create metropolitan commissions that coordinate planning and implementation of actions related to human settlements, protection of the environment, preservation and restoration of ecological balance, transport, drinking water, drainage, garbage collection, treatment and disposal of solid waste, and public security, observing the provisions established in the article 115, section vi, of this constitution. the commissions will be created by mutual agreement of the participants. the document of creation shall determine the procedure for integration, structure and functions. through the commissions, it shall be established: the bases to make and execute agreements inside the commissions. such agreements shall define the territorial scope and functions of each municipal council regarding public works, provision of public services or actions mentioned in the first paragraph of this part. the bases to define the specific functions of the members of the commissions, as well as the contributions of material, human and financial resources. other rules for the mutual and coordinated regulation for the development of the suburbs, provision of public services and implementation of other actions approved by the commissions. the prohibitions and limitations that this constitution establishes for the states shall apply to the federal district authorities. title six. labor and social security article 123 every person has the right to have a decent and socially useful job. therefore, job creation and social organization of work shall be encouraged according to the law. the congress of the union, without contravening the following basic principles, shall formulate labor laws, which shall apply as following: workers, day laborers, domestic servants, artisans and, in a general way, to all labor contracts: the maximum duration of the working day shall be eight hours. the maximum duration of night work shall be seven hours. the following jobs are prohibited for persons under sixteen years: unhealthful or dangerous work, industrial night work and any work after ten o’clock at night. the use of labor of minors under fifteen years of age is prohibited. children older than fifteen years old and less than sixteen shall have a maximum working day of six hours. for every six days of work a worker must have at least one day of rest. during pregnancy, women shall not perform such work that requires excessive physical effort and could be dangerous regarding pregnancy. women have the right to enjoy a disability leave due to childbirth, which shall cover six weeks previous to the birth and six weeks thereafter. during such disability leave, women shall receive their full wages and retain their employment and the rights acquired under their labor contract. during the nursing period, they shall have two special rest periods per day, consisting of half hour each one, to feed their babies. the minimum wage shall be established in a general way or according to the occupation. general minimum wage shall govern over the different economic zones. professional wages shall apply on specific industries, professions, trades or special works. the general minimum wage must be sufficient to satisfy the normal material, social, and cultural needs of a family, and to provide the compulsory education of children. the professional minimum wage shall be fixed by taking into account the conditions of the different industrial and commercial activities. a national commission composed by representatives of the workers, employers, and the government shall fix minimum wages. this national commission may be assisted by special advisory committees if it considers them necessary for a better performance of its duties. equal wages shall be paid for equal work, regardless of sex or nationality. the minimum wage shall be exempt from attachment, compensation, or deduction. workers are entitled to participate in profit sharing, which shall be regulated in conformity with the following rules: a national commission, composed of representatives of workers, employers, and the government, shall fix the percentage of profits to be distributed among workers. the national commission shall research and study the general conditions of the national economy. it shall also take into consideration the need to promote the industrial development of the country, the reasonable interest that should be obtained by capital, and the necessary reinvestment of capital. the national commission may revise the percentage fixed under paragraph “a” of this section, whenever new studies and research so justify. the law may exempt newly established corporations from the obligation of sharing profits for a specified and limited number of years, as well as the exploration works and other activities so justified by their nature or peculiar conditions. in order to determine the amount of the profits of each corporation, it will consider the taxable income, according to the provisions of the income tax law, as basis for calculation the amount of profits. workers may submit to the appropriate office of the department of the treasury their objections, in accordance with the procedure indicated in the law. the workers’ right to participate in profit sharing does not imply the power to intervene in the management or administration of the company. wage must necessarily be paid in legal tender and cannot be paid in goods, coupons, tokens or any other instrument intended to substitute the money. when, due to extraordinary circumstances, working hours must be extended, the salary to be paid for overtime shall be 100% more than the amount fixed for regular hours. overtime work may never exceed three hours a day nor three times consecutively. persons under sixteen years of age may not perform overtime. in all farming, industrial, or mining corporations, or any other kind of business, employers are obliged to provide to workers comfortable and hygienic housing. this obligation shall be discharged through contributions made by the companies to a national housing fund, which shall provide the workers with inexpensive loans, sufficient to acquire a house. the law shall create a body composed of representatives of the federal government, of the workers and of the employers to manage the resources of the national housing fund. the law shall establish the procedures to be followed by the workers in order to get a loan to acquire a house. the companies located outside the villages are obliged to establish schools, medical services and other services necessary in the community. in addition, in these work centers, when the population of the community exceeds 200 inhabitants, a tract of land of not less than five thousand square meters must be set aside to used them as public markets, municipal services and recreation centers. establishments selling intoxicating liquors and casinos are prohibited in all work centers. the companies are obliged to provide their workers with training for the job. the statutory law shall establish the systems, methods and procedures through which employers will meet this requirement. employers shall be responsible for labor accidents and for occupational diseases of workers. therefore, in accordance to the law, employers shall pay the appropriate compensation, depending on the consequences of the accident or disease such as death, temporary or permanent incapacity to work. this liability shall remain even when the employer contracts the work through an intermediary. the employer shall observe the legal regulations on hygiene and health that are applicable to his establishment, and to adopt adequate measures for the prevention of accidents in the use of machines, instruments and materials. the employer must organize the work in such a way to protect the health and safety of workers and of unborn children, in the case of pregnant women. the law shall define the penalties applicable to offenders. both employers and workers shall have the right to join together for the defense of their respective interests, by forming unions, professional associations, etc. the laws shall recognize strikes and lockouts as rights of workers and employers. strikes shall be legal when their purpose is to attain equilibrium between the several factors of production, harmonizing labor rights and the purposes of capital. in the case of public services, the workers must notify, at least ten days in advance, the commission for conciliation and arbitration about the date agreed for the suspension of work. strikes shall be considered as illegal only when the majority of strikers carry out violent acts against persons or property, or in the event of war, when the workers belong to governmental establishments or services. lockouts shall be legal only when an excess of production makes it necessary in order to maintain prices at a reasonable level, with prior approval of the commission for conciliation and arbitration. differences or disputes between employers and workers shall be subject to the decisions of the commission for conciliation and arbitration, which shall consist of an equal number of workers and employers, and one government representative. if an employer refuses to submit the conflict to the commission for conciliation and arbitration or to accept the decision thereof, the work contract shall be terminated and the employer shall give to the worker a compensation equal to three months salary, plus the liabilities originated by the conflict. this provision shall not be applicable in the case of actions covered in the following section. if the workers refuse to submit the conflict to the commission for conciliation and arbitration, the work contract shall be terminated. if an employer fires a worker without justified cause or because he has joined an association or union, or for having taken part in a lawful strike, then the employer is obliged to fulfill the work contract or to compensate the worker with a quantity equal to three months salary, whatever the worker chooses. the law shall specify those cases in which the employer may be exempted from the obligation of paying compensation. the employer is also obliged to pay a three months salary compensation to the worker if the worker leaves his employment due to the employer’s lack of honesty or because the employer mistreats the worker or worker’s wife, parents, children or siblings. the employer cannot be exempted from this liability when the mistreatment is inflicted by his subordinates or members of his family acting with his consent or tolerance. credits in favor of workers for wages earned within the last year, and for compensations, shall have priority over all other obligations in the event of receivership or bankruptcy. only the worker shall be responsible for debts acquired by himself and payable to his employer or to his employer’s associates, relatives or dependents. in no case the payment can be exacted from the members of the worker's family, nor are these debts demandable for an amount exceeding one-month salary. employment services shall be free for workers, whether the service is performed by a municipal office, an employment agency or any other public or private institution. when providing employment services, labor demand must be taken into account. in equal conditions, the persons who are the only income source for their family shall have preference. every work contract made between a mexican and a foreign employer must be authenticated by the responsible municipal authority and countersigned by the consul of the country to which the worker intends to go. such work contract shall include a clause clearly specifying that the employer will bear the costs of repatriation. the following conditions or clauses shall be considered null and void and not binding on the contracting parties, even if expressed in the contract: those that fix an inhuman working day. those that fix wages that are not remunerative, according to the criteria of the commission for conciliation and arbitration. those providing a period longer than one week for the payment of a daily wage. those indicating as the place of payment of wages a recreation center, cheap restaurant, coffee shop, tavern, bar, or store, except for the employees of such establishments; those indicating the direct or indirect obligation of acquiring basic products in specific stores or places. those that allow the retention of wages as a fine. those that constitute a waiver by the worker of indemnification to which he is entitled due to labor accidents, occupational diseases, damages caused by breach of contract or dismissal. any other provision that imply waiver of any right granted to workers by the laws. the laws shall determine what property constitutes the family patrimony. such property shall be inalienable, not subject to taxes or attachment, and shall be transferrable as inheritance, simplifying the formalities thereof. social security act is enacted for social welfare. this act shall include disability benefit, retirement pension, life insurance, involuntary unemployment benefit, health services, nursery services, and other services intended to guarantee wellbeing of workers, farm workers and other kind of employees, as well as the wellbeing of their families. cooperatives established for the construction of inexpensive and hygienic houses to be purchased on installments by workers, shall be considered of social utility. enforcement of the labor laws belongs to the authorities of the states, within their respective jurisdictions. however, it is the exclusive jurisdiction of the federal authorities in matters relating to: industrial sector and services: textile industry electricity movie industry rubber sugar mining metallurgical, iron and steel industries, including the exploitation of basic minerals, their processing and steelworks, production of iron and steel in all their forms and alloys, and their rolled products. hydrocarbons petro-chemistry cement limekilns, automobile industry, including car parts. chemical industry, including pharmaceutical and drug industry. cellulose and paper oils and vegetable fat food production, applicable only to industries producing packed, canned or bottled products. bottled and canned drinks, and related industries. railroad workers basic lumber industry, including sawmills and manufacture of plywood and agglutinate materials. manufacture of glass bottles and flat glass, either smooth or carved. tobacco industry, including manufacture of tobacco products. bank and credit institutions. corporations: those corporations that are administered directly or in a decentralized form by the federal government. those corporations that have a contract or license granted by the federal government, and connected industries. those corporations working in federal zones or under federal jurisdiction, in territorial waters or inside the exclusive economic zone of the nation. the following topics shall be the exclusive jurisdiction of the federal authorities: a) labor disputes that affect two or more states; b) collective work contracts that have been declared obligatory in more than one state; c) employer’s obligations related to educational matters, according to the respective law; d) employer’s liabilities regarding training for workers, and safety and hygiene at work centers. state authorities shall assist federal authorities in matters under local jurisdiction, in accord with the applicable statutory law. the powers of the union, the federal district government and their employees: the maximum duration of the working day shall be eight hours. the maximum duration of night work shall be seven hours. those in excess will be considered overtime, the salary to be paid for overtime shall be 100% more than the amount fixed for regular hours. overtime work may never exceed three hours a day nor three times consecutively. for every six days of work, the employee must have at least one day of rest, with full payment of wage. workers shall be entitled to vacations of not less than twenty days a year. wages shall be fixed in the respective budgets, and their amount may not be decreased while a given budget is in effect, observing the provisions stated by the article 127 of this constitution. in no case, the wages of the public servants may be lower than the minimum wage established for the federal district and the states. equal wages shall be paid for equal work, regardless the gender. withholdings, discounts, deductions or attachments from wages may be made only in those cases provided by law. there shall be a system to appointment personnel according to their knowledge and skills. the state shall organize schools on public administration. there shall be a scale in order to grant promotions in accordance with knowledge, skills and seniority. under the same conditions, the individual representing the only source of income for his family shall have preference. workers may be suspended or fired only due to justified cause and according to the law. in the event of unjustifiable dismissal, employees have the right to choose between reinstatement and the appropriate indemnity through the appropriate legal proceedings. in case of positions axing, the affected workers shall have the right to get another position equivalent to the position that has been eliminated or to get compensation. public employees shall have the right to join together in order to protect their common interests. they may also exercise their right to strike, observing the requirements prescribed by law, whenever the rights established by this article are generally and systematically violated. social security shall be organized according to the following minimum basis: social security shall cover work accidents, occupational diseases and other diseases, motherhood, retirement, disability, elderlies, and death. in case of accident or illness, the right to work shall be retained for the time specified by law. during pregnancy, women shall not perform such work that requires excessive physical effort and could be dangerous regarding pregnancy. women have the right to enjoy a disability leave due to childbirth, which shall cover one month previous to the birth and two months thereafter. during such disability leave, women shall receive their full wages and retain their employment and the rights acquired under their labor contract. during the nursing period, they shall have two special rests per day, consisting of half hour each one, to feed their babies. in addition, they shall enjoy medical and obstetrical services, medicines, nursing aid and nursery services. worker’s family has the right to medical care and medicines, in those cases and in the proportions specified by law. the social security system shall create centers for vacations and convalescence, as well as cheap grocery stores for workers and their families. the social security system shall provide to workers inexpensive housing for rent or sale, in accordance with previously approved programs. additionally, the state shall create a national housing fund and shall make contributions to it. such fund shall provide the workers with inexpensive loans, sufficient to acquire a comfortable and hygienic house, or to build, renovate or improve their home or to pay loans used to buy a house. contributions made to the national housing fund shall be notified to the social security institute. the law of such institute, as well as the other applicable laws, shall regulate the administration of the national housing fund and shall establish procedures to grant loans to workers. individual, collective and inter-union conflicts shall be submitted to a federal court for conciliation and arbitration, which shall be organized as provided in the statutory law. disputes between the federal judicial branch and its employees shall be settled by the federal judicial council. disputes arising between the supreme court of justice and its employees shall be resolved by the supreme court of justice. military and naval personnel, foreign service personnel, public prosecutors, legal experts and members of the public security corps, shall be governed by their own laws. public prosecutors, legal experts and members of the police forces belonging to the federation, the federal district, the states and the municipal councils, can be dismissed if they do not meet the requirements established by law or due to liabilities as a result of their functions. if the jurisdictional authority determines that dismissal or any other form of termination is not justified, the state shall be obliged only to pay to the employee the compensation and other benefits established by law, but this shall not mean to bring the employee back to service, regardless the ruling pronounced in the trial. the federal, state and municipal authorities, as well as the federal district government, shall implement complementary social security systems to strengthen social security for the employees of the public prosecution system, of the police forces and of the legal services, as well as for their families. the state shall provide active members of the army, air force and navy with the benefits mentioned in the paragraph “f” of section xi of this part, through the body created for this purpose in such institutions. the central bank and all the organs belonging to the mexican banking system shall follow the provisions established in this part regarding labor relations between them and their employees. the law shall determine what positions are to be considered as trusted positions. persons who hold such positions shall be entitled to the social security and protection of wages. title seven. general considerations article 124 the powers not expressly granted by this constitution to federal officials, shall be understood to be reserved to the states. article 125 no person may hold two federal elective offices at the same time, nor one federal and one state elective office; but an elected candidate may choose which of the two he desires to hold. article 126 no payment may be made if it is not included in the budget or provided for by a subsequent law. article 127 employees of the federal government, the state governments, the federal district government and the municipal councils, as well as the employees of any governmental agency, semipublic companies, public trusts, autonomous bodies, and of any other public entity, shall receive an adequate remuneration for their work or commission and it shall be proportional to their responsibilities. this remuneration shall be non-negotiable and shall be fixed annually in the expenditure budgets of each organ in accord with the following bases: remuneration is any payment made in cash or in kind, including expenses, bonus, rewards, incentives, commissions, compensations and any other payment, except for expenses allowance that must be supported by receipts and invoices and for labor costs for traveling in official activities. no public servant can receive remuneration higher than the remuneration established to the president of the republic in the corresponding annual budget. no public servant can have a salary equal or higher than his/her superior’s salary, except when the exceeding part is due to the performance of several public duties or to the characteristics of the job, like a specialized technical job or a very specialized function. the addition of such remunerations shall not exceed a half of the president of the republic’s remuneration. only pensions, payments, loans and credits established by law, a decree, a labor contract or labor covenant shall be granted. such benefits are not part of the remuneration. social security services are excluded. public servants’ remunerations and detailed salaries per position shall be public information. such information shall specify every fixed and variable element, including payments in cash and in kind. the congress of the union, the state legislatures and the federal district’s assembly of representatives, within the scope of their powers, shall enact the laws necessary to enforce the provisions included in this article and all related constitutional provisions. they shall also establish criminal and administrative penalties to be applicable to public servants that circumvent this article. article 128 every public official, without exception, before taking office, shall swear allegiance to the constitution and to the laws emanating thereof. article 129 no military authority may, during peacetime, perform any functions other than those directly related to military affairs. there shall be fixed and permanent military command headquarters only in the castles, forts and warehouses immediately subordinated to the federal government, or in the camps, barracks or dumps established for the troops outside towns. article 130 the historic principle of separation between the state and religion shall guide the provisions established in this article. churches and any other religious groups shall observe the law. only the congress of the union can legislate on matters of public worship, churches and religious groups. the respective public statutory law shall develop and detail the following provisions: churches and religious groups shall have a legal status as religious association after the registration procedures. the law shall regulate the religious associations and shall establish the requirements to get registration. the government shall not intervene in the internal affairs of the religious associations. mexicans can become ministers of any religious denomination. for this purpose, mexicans and foreigners must meet the requirements established by law. religious ministers cannot hold public offices, according to the statutory law. as citizens, religious ministers have the right to vote, but they do not have the right to be elected. those who have ceased being church ministers with the required anticipation and by the procedures established in the law may be elected. church ministers cannot join together for political purposes nor proselytize in favor of certain candidate, party or political association or against them. neither may they oppose the laws of the nation or its institutions, nor insult patriotic symbols in any form, in public meetings, in worship or in religious literature. the formation of any kind of political group with a name containing any word or other symbol related to any religion is strictly prohibited. no meeting of a political character may be held in churches or temples. the simple promise of truthfulness and fulfillment, subjects the person to the penalties established by law in the event of failing to fulfill them. church ministers, their ascendancy, children, siblings and spouses, as well as their religious associations, cannot inherit by will from their followers, who do not have a family relationship of up to fourth grade. acts of marital status pertain only to the administrative authorities under the terms established by law. the law shall define the effect and validity for the marital status acts. the law shall confer powers and duties on civil matters to the federal, state and municipal authorities. article 131 only the federal government can tax imports and exports, and merchandises that pass in transit through the national territory, as well as to regulate at all times, and even to prohibit, for security reasons, the circulation of merchandises across the country, regardless of their origin. however, the federal government cannot establish or enact, in the federal district, those taxes and laws mentioned in sections vi and vii of the article 117. the president of the republic can be empowered by the congress of the union to: increase, decrease, or abolish tariff rates on imports and exports, that were imposed by the congress; to establish new tariff rates; to restrict and to prohibit the importation, exportation or transit of products, articles and goods in order to regulate foreign trade, the economy of the country, the stability of domestic production, or for accomplishing any other purpose to the benefit of the country. the president of the republic shall send to the congress, together with the annual budget, a report about the way he has exercised this power. article 132 the forts, barracks, warehouses and other buildings used by the federal government to provide public services or for public use, shall be subject to the jurisdiction of the federal powers in accordance with the law enacted by the congress of the union. however, if the federal government acquires properties in the future within the territory of any state, in order to put such property under federal jurisdiction, the consent of the respective legislature shall be necessary. article 133 this constitution, the laws derived from and enacted by the congress of the union, and all the treaties made and execute by the president of the republic, with the approval of the senate, shall be the supreme law of the country. the judges of each state shall observe the constitution, the laws derived from it and the treaties, despite any contradictory provision that may appear in the constitutions or laws of the states. article 134 economic resources available for the federal, state and municipal governments, for the federal district, and for the political-administrative bodies belonging to it, shall be managed with efficiency, effectiveness, best use of resources, transparency and honesty in order to achieve the objectives for which they are intended. the results of the use of such resources shall be assessed by the technical agencies created by the federal, states and the federal district governments in order to guarantee that such resources are distributed in the appropriate budgets observing the principles stated in the previous paragraph, without prejudice to that established in the article 74, section vi, and article 79. all contracts made by the authorities and entities mentioned before on acquisitions, renting, transfers, provision of services and works shall be awarded by open tenders, where bidders submit their sealed bids. these sealed bids will be opened in public for scrutiny and to guarantee that the state get the best market conditions available in regard to price, quality, financing, opportunity and other appropriate conditions. when tender is not appropriate to guarantee the conditions mentioned in the previous paragraph, the law shall establish the bases, procedures, regulations, requirements and other conditions necessary to prove the good price, effectiveness, efficiency, impartiality and honesty of the process for the benefit of the state. management of federal economic resources by state governments, municipal governments, the federal district government and its political-administrative bodies shall be carried out observing the basis established in this article and the applicable statutory laws. revision of the use of such resources shall be made by the technical state agencies mentioned in the second paragraph of this article. public servants shall be accountable for any violation committed against the provisions established in this article, according to the terms stated in the title four of this constitution. the public servants working in the federal, state and local governments, as well as the federal district public servants are always obliged to impartially invest the public resources under their management and not to affect the equity of the competition between political parties. propaganda disseminated through any media by the government, the autonomous bodies, the government agencies or any other entity belonging to any of the three levels of government, shall be institutional and shall bring information, education or guiding. such propaganda cannot include names, images, voices or symbols that imply the personal promotion of a public servant. the laws shall, within their field, guarantee enforcement of the two previous paragraphs and shall define penalties to be applied to offenders. title eight. constitutional reforms article 135 this constitution may be subject to amendments. the vote of two-thirds of the present members of the congress of the union is required to make amendments or additions to the constitution. once the congress agrees on the amendments or additions, these must be approved by the majority of state legislatures. the congress of the union or the permanent committee, as appropriate, shall count the votes of the legislatures and shall announce those additions or amendments that have been approved. title nine. the inviolability of the constitution article 136 this constitution shall not lose force and effect, even if its observance is interrupted by a rebellion. in the event that a government, whose principles are contrary to those that are sanctioned herein, is established through any public disturbance, as soon as the people recover their liberty, its observance shall be reestablished, and those who have taken part in the government emanating from the rebellion, as well as those who have cooperated with such persons, shall be judged in accordance with this constitution and the laws derived from it. transitory articles article 1 this constitution shall be published at once and, with the greatest solemnity, an oath of allegiance to the constitution must be taken in order to uphold it throughout the republic; except for the provisions relating to the election of the supreme federal and state powers, which shall enter into force at once. this constitution will come into force the first day of may 1917. in such date, the constitutional congress shall be formally installed, and the citizen elected as the president of the republic in the next elections shall swear an oath to exercise the office. in the elections that must be called in accordance with the following article, section v of the article 82 shall not apply, and to be in active service in the army shall not be an impediment to become a representative or senator, provided that such service is not command of forces in the electoral district in question. in the same way, secretaries and under-secretaries can be elected for the next congress of the union, provided that they definitely resign their position on the day that the respective call is issued. article 2 as soon as this constitution is published, the president of the republic shall call for elections for the federal powers, endeavoring to do this in such a way that the congress shall be organized promptly, since it must declare the winner of the elections for the presidency, after the count of the votes casted, so that the provisions of the preceding article could be complied. article 3 the next constitutional term for representatives and senators shall begin to run on september first of last year, and for the president of the republic from december 1, 1916. article 4 senators bearing even numbers at the next election shall hold office for two years only, in order to change the half of the senate every two years. article 5 the congress of the union shall elect the magistrates of the supreme court of justice of the nation next may in order to have the court installed by june first. at this election, the article 96 shall not govern with respect to the proposals of candidates by the local legislatures. however, the elected candidates shall hold office only for the first two-year term established in the article 94. article 6 the congress of the union shall have an extraordinary period of session, which will begin on april 15, 1917. in such period, the congress shall become an electoral college to count the votes, approve the election for the president of the republic and declare the winner. in this same extraordinary period of sessions, the congress shall enact the organic law for the circuit and district courts and the organic law for the federal district courts, so that the supreme court of justice of the nation may immediately appoint the circuit magistrates and district judges. in addition, the congress of the union shall appoint the judges of first instance for the federal district and shall enact all laws requested by the president of the republic. the circuit magistrates, the district judges and the magistrates and judges of the federal district must assume office before july 1, 1917, at which time those persons who had been appointed by the current president of the republic shall resign. article 7 this time only, a counting board must be created for each electoral district. the counting board of the first electoral district in each states and the federal district shall count the votes for senators, and these boards shall issue the majority certificate to the senators elected. article 8 the supreme court of justice of the nation shall settle the pending amparo trials, observing the current laws. article 9 the president of the republic is empowered to enact the electoral law, under which, this time the elections shall be held to create the powers of the union. article 10 persons who have taken part in the government formed by the rebellion against the legitimate government of the republic, or those who cooperated with it, afterwards combating with arms or holding office or employment with the factions that attacked the constitutional government, shall be tried under laws in force, unless they have been pardoned by the constitutional government. article 11 until the congress of the union and the state legislatures enact laws governing the agrarian and labor affairs, the bases established in this constitution for such affairs shall take effect throughout the country. article 12 mexicans who have fought in the constitutional army, and their children and widows, as well as other persons who rendered services to the revolution or to public education, shall have priority to acquire land according to the article 27 and shall have the right to discounts specified by law. article 13 all debts contracted by workers, by reason of their labor, until the date of this constitution, with employers, their families, or intermediaries are hereby extinguished in full. article 14 the secretariat of justice is hereby abolished. article 15 hereby, the president of the republic is empowered to issue the tort law applicable to the offenders, accomplices and accessories to the crimes perpetrated against the constitutional order during the month of february 1913 and against the constitutional government. article 16 the constitutional congress, in the next ordinary period of sessions starting on september 1 this year, shall enact all organic laws of this constitution that have not already been enacted in the extraordinary period of sessions mentioned in the sixth transitory article. the congress shall give priority to laws related to fundamental rights and to the articles 30, 32, 33, 35, 36, 38, 107 and the last part of the article 111 of this constitution. article 17 churches, temples and other properties belonging to the federal government, based on the provisions established in the section ii of the article 27 of this constitution, which is reformed through this decree, shall maintain their current legal status. preamble we women and men, the sovereign people of ecuador recognizing our age-old roots, wrought by women and men from various peoples, celebrating nature, the pacha mama (mother earth), of which we are a part and which is vital to our existence, invoking the name of god and recognizing our diverse forms of religion and spirituality, calling upon the wisdom of all the cultures that enrich us as a society, as heirs to social liberation struggles against all forms of domination and colonialism and with a profound commitment to the present and to the future, hereby decide to build a new form of public coexistence, in diversity and in harmony with nature, to achieve the good way of living, the sumak kawsay; a society that respects, in all its dimensions, the dignity of individuals and community groups; a democratic country, committed to latin american integration-the dream of simon bolivar and eloy alfaro-peace and solidarity with all peoples of the earth; and, exercising our sovereign powers, in ciudad alfaro, montecristi, province of manabi, we bestow upon ourselves the present: constitution of the republic of ecuador title i. constituent elements of the state chapter 1. basic principles article 1 ecuador is a constitutional state of rights and justice, a social, democratic, sovereign, independent, unitary, intercultural, multinational and secular state. it is organized as a republic and is governed using a decentralized approach. sovereignty lies with the people, whose will is the basis of all authority, and it is exercised through public bodies using direct participatory forms of government as provided for by the constitution. nonrenewable natural resources of the state's territory belong to its inalienable and absolute assets, which are not subject to a statute of limitations. article 2 the flag, coat of arms and national anthem, as provided for by law, are the symbols of the nation. spanish is ecuador's official language; spanish, kichwa and shuar are official languages for intercultural ties. the other ancestral languages are in official use by indigenous peoples in the areas where they live and in accordance with the terms set forth by law. the state shall respect and encourage their preservation and use. article 3 the state's prime duties are: guaranteeing without any discrimination whatsoever the true possession of the rights set forth in the constitution and in international instruments, especially the rights to education, health, food, social security and water for its inhabitants. guaranteeing and defending national sovereignty. building up national unity in diversity. guaranteeing secular ethics as the basis for public service and the legal regulatory system. planning national development, eliminating poverty, and promoting sustainable development and the equitable redistribution of resources and wealth to enable access to the good way of living. promoting equitable and mutually supportive development throughout the territory by building up the process of autonomies and decentralization. protecting the country's natural and cultural assets. guaranteeing its inhabitants the right to a culture of peace, to integral security and to live in a democratic society free of corruption. article 4 the territory of ecuador constitutes a single geographical and historical whole, with natural, social, and cultural dimensions, which has been passed on to us by our ancestors and ancestral peoples. this territory includes the mainland and maritime space, adjacent islands, the territorial sea, the archipelago of the galapagos islands, the land, the undersea continental shelf, the ground under the land and the space over our mainland, island, and maritime territory. its boundaries are those determined by treaties currently in force. the territory of ecuador is unalienable, irreducible and inviolable. no one shall jeopardize its territorial unity or foment secession. the capital of ecuador is quito. the ecuadorian state shall exercise its rights over those segments pertaining to the geosynchronous orbit, the maritime space and the antarctic. article 5 ecuador is a territory of peace. the establishment of foreign military bases or foreign facilities for military purposes shall not be allowed. it is forbidden to transfer national military bases to foreign armed or security forces. chapter 2. female and male citizens article 6 all female and male ecuadorians are citizens and shall enjoy the rights set forth in the constitution. ecuadorian nationality is a political and legal bond between individuals and the state, without detriment to their belonging to any of the other indigenous nations that coexist in plurinational ecuador. ecuadorian nationality is obtained by birth or naturalization and shall not be forfeited because of marriage or its dissolution or by acquiring another nationality. article 7 the following persons are ecuadorians by birth: persons born in ecuador. persons born abroad of a mother or father born in ecuador and their descendants up to the third degree of consanguinity. persons belonging to communities, peoples or nations recognized by the state living in border areas. article 8 the following persons are ecuadorians by naturalization: those who obtain the naturalization card. under-age foreigners adopted by a female or male ecuadorian, who shall keep their ecuadorian nationality as long as they do not express their wish to the contrary. those born abroad of a mother or father who is ecuadorian by naturalization, while they are minors, shall keep their ecuadorian nationality, as long as they do not express their wish to the contrary. those who marry, or have a common-law marriage with, an ecuadorian female or male, in accordance with the law. those who obtain ecuadorian nationality for having provided important services to the country on the basis of their talent or individual effort. those who acquire the ecuadorian nationality shall not be obligated to forfeit their nationality of origin. ecuadorian nationality acquired by naturalization shall be forfeited by express renunciation. article 9 foreign persons in ecuadorian territory shall have the same rights and duties as those of ecuadorians, in accordance with the constitution. title ii. rights chapter 1. principles for the enforcement of rights article 10 persons, communities, peoples, nations and communities are bearers of rights and shall enjoy the rights guaranteed to them in the constitution and in international instruments. nature shall be the subject of those rights that the constitution recognizes for it. article 11 the exercise of rights shall be governed by the following principles: rights can be exercised, promoted and enforced individually or collectively before competent authorities; these authorities shall guarantee their enforcement. all persons are equal and shall enjoy the same rights, duties and opportunities. no one shall be discriminated against for reasons of ethnic belonging, place of birth, age, sex, gender identity, cultural identity, civil status, language, religion, ideology, political affiliation, legal record, socio-economic condition, migratory status, sexual orientation, health status, hiv carrier, disability, physical difference or any other distinguishing feature, whether personal or collective, temporary or permanent, which might be aimed at or result in the diminishment or annulment of recognition, enjoyment or exercise of rights. all forms of discrimination are punishable by law. the state shall adopt affirmative action measures that promote real equality for the benefit of the rights-bearers who are in a situation of inequality. the rights and guarantees set forth in the constitution and in international human rights instruments shall be directly and immediately enforced by and before any civil, administrative or judicial servant, either by virtue of their office or at the request of the party. for the exercise of rights and constitutional guarantees, no conditions or requirements shall be established other than those set forth in the constitution or by law. rights shall be fully actionable. absence of a legal regulatory framework cannot be alleged to justify their infringement or ignorance thereof, to dismiss proceedings filed as a result of these actions or to deny their recognition. no legal regulation can restrict the contents of rights or constitutional guarantees. in terms of rights and constitutional guarantees, public, administrative or judicial servants must abide by the most favorable interpretation of their effective force. all principles and rights are unalienable, obligatory, indivisible, interdependent and of equal importance. recognition of the rights and guarantees set forth in the constitution and in international human rights instruments shall not exclude the other rights stemming from the dignity of persons, communities, peoples and nations that might be needed for their full development. the contents of rights shall be developed progressively by means of standards, case law, and public policies. the state shall generate and guarantee the conditions needed for their full recognition and exercise. any deed or omission of a regressive nature that diminishes, undermines or annuls without justification the exercise of rights shall be deemed unconstitutional. the state's supreme duty consists of respecting and enforcing respect for the rights guaranteed in the constitution. the state, its delegates, concession holders and all persons acting in the exercise of public authority, shall be obligated to redress infringements of the rights of individuals for negligence or inadequacies in the provision of public services or for the deeds or omissions of their public officials and employees in the performance of their duties. the state shall immediately exercise the right to file a claim for restoration against those persons responsible for the damage produced, without detriment to civil, criminal and administrative liabilities. the state shall be held liable for arbitrary arrest and detention, miscarriage of justice, unjustified delay or inadequate administration of justice, violation of the right to effective protection of the court, and any violations of the principles and rules of due process of law. when a final judgment of conviction is reversed or vacated, the state shall provide redress to the person who has sustained damages as a result of this judgment; when the responsibility for such acts by public, administrative or judicial servants is identified, they shall be duly charged to obtain restitution. chapter 2. rights of the good way of living section 1. water and food article 12 the human right to water is essential and cannot be waived. water constitutes a national strategic asset for use by the public and it is unalienable, not subject to a statute of limitations, immune from seizure and essential for life. article 13 persons and community groups have the right to safe and permanent access to healthy, sufficient and nutritional food, preferably produced locally and in keeping with their various identities and cultural traditions. the ecuadorian state shall promote food sovereignty. section 2. healthy environment article 14 the right of the population to live in a healthy and ecologically balanced environment that guarantees sustainability and the good way of living (sumak kawsay), is recognized. environmental conservation, the protection of ecosystems, biodiversity and the integrity of the country's genetic assets, the prevention of environmental damage, and the recovery of degraded natural spaces are declared matters of public interest. article 15 the state shall promote, in the public and private sectors, the use of environmentally clean technologies and nonpolluting and low-impact alternative sources of energy. energy sovereignty shall not be achieved to the detriment of food sovereignty nor shall it affect the right to water. the development, production, ownership, marketing, import, transport, storage and use of chemical, biological and nuclear weapons, highly toxic persistent organic pollutants, internationally prohibited agrochemicals, and experimental biological technologies and agents and genetically modified organisms that are harmful to human health or mat jeopardize food sovereignty or ecosystems, as well as the introduction of nuclear residues and toxic waste into the country's territory, are forbidden. section 3. information and communication article 16 all persons, individually or collectively, have the right to: free, intercultural, inclusive, diverse and participatory communication in all spheres of social interaction, by any means or form, in their own language and with their own symbols. universal access to information and communication technologies. the creation of media and access, under equal conditions, to use of radio spectrum frequencies for the management of public, private and community radio and television stations and to free bands for the use of wireless networks. access and use of all forms of visual, auditory, sensory and other communication that make it possible to include persons with disabilities. become part of participation spaces as provided for by the constitution in the field of communication. article 17 the state shall foster plurality and diversity in communication and, for this purpose, shall: guarantee the allocation, by means of transparent methods and in equal conditions, of radio spectrum frequencies for the management of public, private and community radio and television stations, as well as the access to free bands for the use of wireless networks and shall make sure that, when they are used, the general welfare of the community prevails. facilitate the creation and strengthening of public, private and community media, as well as universal access to information and communication technologies, especially for persons and community groups that do not have this access or have only limited access to them. not permit the oligopolistic or monopolistic ownership, whether direct or indirect, of the media and use of frequencies. article 18 all persons, whether individually or collectively, have the right to: look for, receive, exchange, produce and disseminate information that is truthful, accurate, timely, taken in context, plural, without prior censorship about the facts, events, and processes of general interest, with subsequent responsibility. gain access freely to information generated in public institutions or in private institutions that handle state funds or perform public duties. there shall be no confidentiality of information except in those cases expressly provided for by the law. in the event of a violation of human rights, no public institution shall refuse to provide the information. article 19 the law shall regulate the prevalence of contents for informative, educational and cultural purposes in the programming of the media, and shall foster the creation of spaces for the dissemination of independent national production. it is forbidden to broadcast advertisements that foment violence, discrimination, racism, drug addiction, sexism, religious or political intolerance and all that undermines rights is forbidden. article 20 the state shall guarantee the conscience clause for all persons, professional secrecy and the confidentiality of the sources of those who inform, issue their opinions through the media or other forms of communication or who work in any communication activity. section 4. culture and science article 21 persons have the right to build and uphold their own cultural identity, to decide their belonging to one or various cultural communities, and to express these choices; the right to aesthetic freedom; the right to learn about the historical past of their cultures and to gain access to their cultural heritage; to disseminate their own cultural expressions and to have access to diverse cultural expressions. culture cannot be used as an excuse when infringing rights recognized in the constitution. article 22 persons have the right to develop their creative capacity, to the commendable and steady exercise of cultural and artistic activities, and to benefit from the protection of moral and heritage rights that pertain to them as a result of the scientific, literary or artistic productions of which they are the authors. article 23 persons have the right to gain access to and participate in public spaces as a sphere for deliberation, cultural exchange, social cohesiveness and the promotion of equality in diversity. the right to disseminate in public spaces one's own cultural manifestations shall be exercised without any constraint other than those provided for by the law, subject to the principles of the constitution. article 24 persons have the right to recreation and leisure, the practice of sports and free time. article 25 persons have the right to enjoy the benefits and applications of scientific progress and ancestral wisdom. section 5. education article 26 education is a right of persons throughout their lives and an unavoidable and mandatory duty of the state. it constitutes a priority area for public policymaking and state investment, the guarantee of equality and social inclusion and the indispensable condition for the good way of living. persons, families and society have the right and responsibility to participate in education. article 27 education will focus on the human being and shall guarantee holistic human development, in the framework of respect for human rights, a sustainable environment, and democracy; education shall be participatory, compulsory, intercultural, democratic, inclusive and diverse, of high quality and humane; it shall promote gender equity, justice, solidarity and peace; it shall encourage critical faculties, art and sports, individual and community initiatives, and the development of competencies and capabilities to create and work. education is indispensable for knowledge, exercise of rights and building a sovereign country and it is a key strategy for national development. article 28 education shall be for general welfare of the public and shall not be at the service of individual and corporate interests. universal access, permanence, mobility and graduation without any discrimination shall be guaranteed, as well compulsory attendance of initial schooling, basic education and secondary education or their equivalent. it is the right of every person and community to interact among cultures and to participate in a society that learns. the state shall promote intercultural dialogue in all of its many dimensions. learning shall take place with schooling systems and non-school modalities. public education shall be universal and secular at all levels and shall be free of charge up to and including the third level of higher education [post-secondary undergraduate schooling]. article 29 the state shall guarantee the freedom to teach, academic freedom in higher education, and the right of persons to learn in their own language and cultural environment. mothers and fathers or their representatives shall be at liberty to choose for their daughters and sons an education that is in line with their principles, beliefs, and pedagogical options. section 6. habitat and housing article 30 persons have the right to a safe and healthy habitat and adequate and decent housing, regardless of their social and economic status. article 31 persons have the right to fully enjoy the city and its public spaces, on the basis of principles of sustainability, social justice, respect for different urban cultures and a balance between the urban and rural sectors. exercising the right to the city is based on the democratic management of the city, with respect to the social and environmental function of property and the city and with the full exercise of citizenship. section 7. health article 32 health is a right guaranteed by the state and whose fulfillment is linked to the exercise of other rights, among which the right to water, food, education, sports, work, social security, healthy environments and others that support the good way of living. the state shall guarantee this right by means of economic, social, cultural, educational, and environmental policies; and the permanent, timely and non-exclusive access to programs, actions and services promoting and providing integral healthcare, sexual health, and reproductive health. the provision of healthcare services shall be governed by the principles of equity, universality, solidarity, interculturalism, quality, efficiency, effectiveness, prevention, and bioethics, with a gender and generational approach. section 8. labor and social security article 33 work is a right and a social duty, as well as an economic right, source of personal fulfillment and the basis for the economy. the state shall guarantee full respect for the dignity of working persons, a decent life, fair pay and retribution, and performance of a healthy job that is freely chosen and accepted. article 34 the right to social security is a right of all persons and it cannot be waived, and it shall be the state that must bear the prime duty and responsibility for this right. social security shall be governed by the principles of solidarity, obligation, universality, equity, efficiency, subsidiarity, adequacy, transparency and participation, to meet individual and collective needs. the state shall guarantee and ensure the full and effective exercise of the right to social security, which includes persons who carry out unpaid work in households, livelihood activities in the rural sector, all forms of self-employed and who are unemployed. chapter 3. rights of priority persons and groups article 35 elderly persons, girls, children and adolescents, pregnant women, persons with disabilities, persons in prison and those who suffer from disastrous or highly complex diseases shall receive priority and specialized care in the public and private sectors. the same priority care shall be received by persons in situations of risk, victims of domestic and sexual violence, child mistreatment, natural or manmade disasters. the state shall provide special protection to persons who are doubly vulnerable. section 1. elderly women and men article 36 elderly persons shall receive priority and specialized attention in the public and private sectors, especially in terms of social and economic inclusion and protection against violence. those persons who have reached sixty-five years of age shall be considered to be elderly. article 37 the state shall guarantee elderly persons the following rights: specialized healthcare free of charge, as well as free access to medicines. paid work, on the basis of their skills, for which purpose their constraints shall be taken into account. universal retirement. discounts in public services and private transportation services and entertainment. tax exemptions. exemption from paying the costs for notarial and registration services, in accordance with the law. access to housing that ensures a decent life, with respect for their opinion and consent. article 38 the state shall draw up public policies and programs aimed at providing care for elderly persons that bear in mind specific differences between the urban and rural sectors, gender concerns, ethnic group, culture, and the differences pertaining to persons, communities, peoples and nations; it will also foster, to the greatest extent possible, personal autonomy and participation in the drafting and implementation of these policies. in particular, the state shall take the following measures: care in specialized centers that guarantee their nutrition, health, education and dairy care, in a framework of integral protection of rights. care centers shall be established to shelter those who cannot be taken care of by their relatives or who do not have a place to stay permanently. special protection against any type of labor or economic exploitation the state shall implement policies aimed at fostering the participation and work of elderly persons in public and private institutions so that they can contribute their experience, and it shall develop job training programs, on the basis of their profession and ambitions. development of programs and policies aimed at fostering their personal autonomy, reducing their dependence and securing their full social integration. protection and care against all types of violence, mistreatment, sexual exploitation or of any other kind or neglect leading to any of these situations. development of programs aimed fostering recreational and spiritual activities. preferential care in cases of disasters, armed conflicts and all kinds of emergencies. establishment of special system for the enforcement of measures of imprisonment. in the event of a conviction with life sentence, as long as no other alternative measures are applied, they shall fulfill their sentence in centers that are adequate for this purpose and, in the case of pre-trial arrest, they shall be subject to house arrest. protection, care, and special assistance when they suffer from chronic or degenerative diseases. adequate economic and psychological assistance guaranteeing their physical and mental health. the abandonment of elderly persons by their relatives or institutions set up for their protection is punishable by law. section 2. young people article 39 the state shall guarantee the rights of young people and shall promote the effective exercise of these rights by means of policies and programs, institutions and resources that ensure and uphold, on a permanent basis, their participation and inclusion in all sectors, especially in public sector spaces. the state shall recognize young people as strategic players in the country's development and shall guarantee their right to education, health, housing, recreation, sports, leisure, freedom of expression and association. the state shall foster their incorporation into the labor force in fair and decent conditions, with emphasis on training, guarantee of access to first employment, and promotion of their entrepreneurial skills. section 3. freedom of movement article 40 the right to migrate of persons is recognized. no human being shall be identified or considered as illegal because of his/her migratory status. the state, through the relevant entities, shall develop, among others, the following actions for the exercise of the rights of ecuadorian persons abroad, regardless of their migratory status: the state shall provide them and their families, whether they live abroad or in the country, with assistance. the state shall provide care, advisory services and integral protection so that they can freely exercise their rights. the state shall safeguard their rights when, for any reasons, they have been arrested and imprisoned abroad. the state shall promote their ties with ecuador, facilitate family reunification and encourage their voluntary return. the state shall uphold the confidentiality of personal information located in the files of ecuadorian institutions abroad. the state shall protect transnational families and the rights of their members. article 41 their rights to asylum and sanctuary are recognized, in accordance with the law and international human rights instruments. persons who have been granted asylum or sanctuary shall benefit from special protection guaranteeing the full exercise of their rights. the state shall respect and guarantee the principle of non-return, in addition to humanitarian and legal emergency assistance. persons requesting asylum or sanctuary shall not be penalized or prosecuted for having entered the country or for remaining in a situation of irregularity. the state, in exceptional cases and when the circumstances justify it, shall recognize the refugee status of collective group, in accordance with the law. article 42 all arbitrary displacement is forbidden. persons who have been displaced shall have the right to receive protection and emergency humanitarian aid from the authorities, ensuring access to food, shelter, housing, and medical and health services. children, adolescents, pregnant women, mothers with underage daughters and sons, elderly persons and persons with disabilities shall receive preferential and specialized humanitarian assistance. all displaced persons and groups shall have the right to return to their place of origin voluntarily, with safety and dignity. section 4. pregnant women article 43 the state shall guarantee the rights of pregnant and breast-feeding women to: not be discriminated for their pregnancy in education, social, and labor sectors. free maternal healthcare services. priority protection and care of their integral health and life during pregnancy, childbirth and postpartum. the facilities needed for their recovery after pregnancy and during breast-feeding. section 5. children and adolescents article 44 the state, society and the family shall promote as a priority the integral development of children and adolescents and shall guarantee the full exercise of their rights; the principle of the higher interest of children shall be upheld and their rights shall prevail over those of other persons. children and adolescents shall also enjoy the right to their integral development, construed as a process of growth, maturity, and deployment of their intellect and capabilities, potential and ambitions in family, school, social and community environments marked by affection and security. this environment shall make it possible to meet their social, emotional and affective, and cultural needs, with the support of national and local intersectoral policies. article 45 children and adolescents shall enjoy the rights that are common to all human beings, in addition to those that are specific to their age. the state shall recognize and guarantee life, including care and protection from the time of conception. children and adolescents have the right to physical and psychological integrity; to an identity, name and citizenship; to integral health and nutrition; to education and culture, sports, and recreation; to social security, to have a family and enjoy peaceful coexistence with family and community; to social participation; to respect for their freedom and dignity; to be consulted in matters affecting them; to be educated as a priority in their own language and in the cultural context of their own people and nation; and to receive information about their parents or absent relatives, unless it is harmful to their well-being. the state shall guarantee their freedom of expression and association, the free functioning of student councils and types of associations. article 46 the state shall adopt, among others, the following measures that safeguard children and adolescents: care for children under six years of age that guarantees their nutrition, health, education and dairy care in a framework of integral protection of their rights. special protection against any type of labor or economic exploitation. the work of children under fifteen years of age is forbidden and policies shall be implemented for the progressive elimination of child labor. adolescent labor shall be the exception rather than the rule and cannot undermine their right to education nor can it be carried out in situations that are harmful or dangerous to their health or personal development. their work and other activities shall be respected, recognized, and supported as long as it does not jeopardize their education and integral development. preferential care for the full social integration of persons with disabilities. the state shall guarantee mainstreaming disabled persons in the regular education system and society. protection and care against all forms of violence, mistreatment, sexual exploitation or exploitation of any other kind or against neglect leading to these situations. the actions and penalties for crimes against sexual and reproductive integrity whose victims are girls, boys and adolescents will be imprescriptible. prevention of the use of drugs or psychotropic substances and the consumption of alcoholic beverages and other substances that are harmful to their health and development. priority care in case of disasters, armed conflicts or any kind of emergency. protection from the influence of programs or messages disseminated by means of any media and which promote violence or racial or gender discrimination. public policies for communication shall give priority to their education and respect for their rights to an image, integrity and others pertaining to their age. limitations and penalties shall be established to enforce these rights. special protection and assistance when the mother or father or both are arrested and imprisoned. special protection, care and assistance when they suffer from chronic or degenerative diseases. section 6. persons with disabilities article 47 the state shall guarantee disability prevention policies and, along with society and the family, it shall ensure equal opportunities for persons with disabilities and their social integration. persons with disabilities are recognized the following rights: specialized attention in public and private entities that provide healthcare services for their specific needs, which shall include the free provision of medicines, especially for those persons that require lifetime treatment. integral rehabilitation and permanent assistance, which shall include the corresponding technical aids. discounts for public services and for private transportation services and entertainment. tax exemptions. work in conditions of equal opportunity that foster their capabilities and potential by means of policies that permit their incorporation into public and private entities. adequate housing, with facilities for access and the conditions needed to address their disability and to achieve the highest possible degree of autonomy in their daily life. persons with disabilities who cannot be cared for by their relatives during the day or who have no permanent place to live shall have welcoming centers for their shelter. an education that develops their potential and skills for their integration and participation in equal conditions. their education in the regular education system shall be guaranteed. regular establishments shall incorporate a differentiated treatment and those establishments for special care shall incorporate specialized education. schools shall comply with standards of accessibility for persons with disabilities and shall implement a scholarship system that in line with the economic conditions of this group. specialized education for persons with intellectual disabilities and promoting their capabilities by the establishment of specific education centers and teaching programs. free psychological care for persons with disabilities and their families, in particular in the case of intellectual disabilities. adequate access to all goods and services. architectural barriers shall be eliminated. access to alternative communication mechanisms, media and forms, among which sign language for deaf persons, oralism and the braille system. article 48 the state shall adopt for the benefit of persons with disabilities measures that ensure: social inclusion, by means of coordinated state and private plans and programs that promote their political, social, educational, and economic participation. obtaining tax credits and discounts or exemptions that enable them to start up and keep productive activities and obtaining study scholarships at all levels of education. the development of programs and policies aimed at promoting their leisure and rest. political participation, which shall ensure that they are duty represented, in accordance with the law. the establishment of specialized programs for the integral care of persons with severe and deep disabilities, in order to achieve the maximum development of their personality, the promotion of their autonomy and the reduction of their dependence. incentive and support for production projects for the benefit of the relatives of persons with severe disabilities. guaranteeing the full exercise of the rights of persons with disabilities. abandonment of these persons is punishable by law and any action leading to any kind of abuse, inhuman and degrading treatment and discrimination because of their disability shall be punishable by law. article 49 the persons and families who provide care to persons with disabilities and who require permanent attention shall be covered by the social security and shall receive periodic training to improve the quality of care. section 7. persons with disastrous diseases article 50 the state shall guarantee for all persons suffering from disastrous or highly complex diseases the right to specialized, timely, and preferential care free of charge at all levels. section 8. imprisoned persons article 51 imprisoned persons are recognized the following rights: to not be subject to solitary confinement as a disciplinary measure. communication and visit with their relatives and legal professionals. declaring before a judiciary authority on the treatment received during imprisonment. the human and material resources needed to guarantee their integral health in penitentiaries. care for their education, labor, productive, cultural, food and recreational needs. receiving preferential and specialized treatment in the case of pregnant women and breast-feeding women, adolescents, elderly persons, the sick or persons with disabilities. benefiting from measures of protection for children, adolescents, persons with disabilities and elderly persons who are under their care and who depend on them. section 9. users and consumers article 52 persons have the right to have goods and services of the highest quality and to choose them freely, as well as to accurate information that is not misleading with respect to their contents and characteristics. the law provides for quality control mechanisms and consumer defense procedures, as well as penalties for the infringement of these rights, reparation and compensation for defects, damages or poor quality of goods and services and for the interruption of public services not caused by acts of god or force majeure situations. article 53 companies, institutions and organizations that provide public services must incorporate systems to measure user and consumer satisfaction and put into practice assistance and reparation systems. the state shall be held liable for civil damages caused to persons for negligence and carelessness in the provision of public services under its charge and for the deficiency of services that have been paid. article 54 persons or entities that provide public services or produce or market consumer goods shall be held liable both civilly and criminally for the inadequate provision of the services, for poor quality of the product or when its conditions are not consistent with the advertising that was made or with the description provided. persons shall be held liable for any malpractice in the exercise of their profession, craft or trade, especially practices that endanger the integrity or life of persons. article 55 users and consumers will be able to set up associations that promote information and education about their rights and that represent and defend them before judiciary or administrative authorities. for the exercise of this and other rights, nobody shall be obliged to associate. chapter 4. rights of communities, peoples and nations article 56 indigenous communities, peoples and nations, the afro-ecuadorian people, the back-country people (montubios) of the inland coastal region, and communes are part of the single and indivisible ecuadorian state. article 57 indigenous communes, communities, peoples and nations are recognized and guaranteed, in conformity with the constitution and human rights agreements, conventions, declarations and other international instruments, the following collective rights: to freely uphold, develop and strengthen their identity, feeling of belonging, ancestral traditions and forms of social organization. to not be the target of racism or any form of discrimination based on their origin or ethnic or cultural identity. to recognition, reparation and compensation for community groups affected by racism, xenophobia and other related forms of intolerance and discrimination. to keep ownership, without subject to a statute of limitations, of their community lands, which shall be unalienable, immune from seizure and indivisible. these lands shall be exempt from paying fees or taxes. to keep ownership of ancestral lands and territories and to obtain free awarding of these lands. to participate in the use, usufruct, administration and conservation of natural renewable resources located on their lands. to free prior informed consultation, within a reasonable period of time, on the plans and programs for prospecting, producing and marketing nonrenewable resources located on their lands and which could have an environmental or cultural impact on them; to participate in the profits earned from these projects and to receive compensation for social, cultural and environmental damages caused to them. the consultation that must be conducted by the competent authorities shall be mandatory and in due time. if consent of the consulted community is not obtained, steps provided for by the constitution and the law shall be taken. to keep and promote their practices of managing biodiversity and their natural environment. the state shall establish and implement programs with the participation of the community to ensure the conservation and sustainable use of biodiversity. to keep and develop their own forms of peaceful coexistence and social organization and creating and exercising authority, in their legally recognized territories and ancestrally owned community lands. to create, develop, apply and practice their own legal system or common law, which cannot infringe constitutional rights, especially those of women, children and adolescents. to not be displaced from their ancestral lands. to uphold, protect and develop collective knowledge; their science, technologies and ancestral wisdom; the genetic resources that contain biological diversity and agricultural biodiversity; their medicine and traditional medical practices, with the inclusion of the right to restore, promote, and protect ritual and holy places, as well as plants, animals, minerals and ecosystems in their territories; and knowledge about the resources and properties of fauna and flora. all forms of appropriation of their knowledge, innovations, and practices are forbidden. to uphold, restore, protect, develop and preserve their cultural and historical heritage as an indivisible part of ecuador's heritage. the state shall provide resources for this purpose. to develop, strengthen, and upgrade the intercultural bilingual education system, on the basis of criteria of quality, from early stimulation to higher levels of education, in conformity with cultural diversity, for the care and preservation of identities, in keeping with their own teaching and learning methodologies. a teaching career marked by dignity shall also be guaranteed. administration of this system shall be collective and participatory, with rotation in time and space, based on community monitoring and accountability. to build and uphold organizations that represent them, in a context of pluralism and cultural, political, and organizational diversity. the state shall recognize and promote all forms of expression and organization. to participate by means of their representatives in the official organizations established by law to draw up public policies concerning them, as well as design and decide their priorities in the plans and projects of the state. to be consulted before the adoption of a legislative measure that might affect any of their collective rights. to uphold and develop contacts, ties and cooperation with other peoples, especially those that are divided by international borders. to promote the use of garments, symbols and emblems that identify them. to restrict military activities in their territories, in accordance with the law. that the dignity and diversity of their cultures, traditions, histories, and ambitions be reflected in public education and in the media; the creation of their own media in their languages and access to the others without any discrimination. the territories of the peoples living in voluntary isolation are an irreducible and intangible ancestral possession and all forms of extractive activities shall be forbidden there. the state shall adopt measures to guarantee their lives, enforce respect for self-determination and the will to remain in isolation and to ensure observance of their rights. the violation of these rights shall constitute a crime of ethnocide, which shall be classified as such by law. the state shall guarantee the enforcement of these collective rights without any discrimination, in conditions of equality and equity between men and women. article 58 to build up their identity, culture, traditions and rights, the collective rights of the afro-ecuadorian people are recognized, as set forth in the constitution, the law, and human rights agreements, conventions, declarations and other international instruments. article 59 the collective rights of the coastal back-country people (montubios) are recognized to guarantee their process of integral, sustainable and durable human development, the policies and strategies for their progress and their forms of societal management, on the basis of knowledge about their reality and respect for their culture, identity, and own vision, in accordance with the law. article 60 ancestral, indigenous, afro-ecuadorian and coastal back-country (montubios) peoples can establish territorial districts for the preservation of their culture. the law shall regulate their establishment. communities (comunas) that have collective land ownership are recognized as an ancestral form of territorial organization. chapter 5. rights to participation article 61 ecuadorians benefit from the following rights: to elect and be elected. to participate in affairs of public interest. to submit projects of grass-roots regulatory initiatives. to be consulted. to audit activities conducted by the government. to recall authorities elected by universal suffrage. to hold and discharge public office and duties on the basis of merits and capacities and in a transparent, inclusive, equitable, pluralistic and democratic selection and designation system that guarantees their participation, on the basis of criteria of gender equity and parity, equal opportunities for persons with disabilities, and intergenerational participation. to set up political parties and movements, join or withdraw from them and participate in all the decisions adopted by them. foreign persons shall enjoy these rights to the extent that they are applicable. article 62 the persons in possession of political rights have the right to equal, direct, secret and publicly scrutinized universal suffrage, in conformity with the following provisions: voting shall be mandatory for persons over eighteen years of age. detained persons who have not been convicted and sentenced shall exercise their right to vote. voting shall be optional for persons between sixteen and eighteen years of age, elderly persons over sixty-five years of age, ecuadorians who live abroad, members of the armed forces and national police force, and persons with disabilities. article 63 ecuadorians abroad have the right to elect the president and vice-president of the republic, members of parliament representing the country and ecuadorian nationals abroad, and can be elected to any office. foreign persons residing in ecuador have the right to vote as long as they have resided legally in the country for at least five years. article 64 the exercise of political rights shall be suspended, in addition to those cases provided for by law, for the following reasons: prohibition by the judiciary system, as long it is in force, except in the case of insolvency or bankruptcy that has not been declared fraudulent. final court judgment convicting a person and sentencing that person to incarceration, as long as it is in force. article 65 the state shall promote equality with respect to the representation of women and men in publicly appointed or elected office, in its executive and decision-making institutions, and political parties and movements. as for candidacies in multi-person elections, their participation shall be respected by rotation of power and sequencing. the state shall adopt affirmative action measures to guarantee the participation of discriminated sectors. chapter 6. rights to freedom article 66 the following rights of persons are recognized and guaranteed: the right to the inviolability of life. there shall be no capital punishment. the right to a decent life that ensures health, food and nutrition, clean water, housing, environmental sanitation, education, work, employment, rest and leisure, sports, clothing, social security and other necessary social services. the right to personal well-being, which includes: bodily, psychological, moral and sexual safety. a life without violence in the public and private sectors. the state shall adopt the measures needed to prevent, eliminate, and punish all forms of violence, especially violence against women, children and adolescents, elderly persons, persons with disabilities and against all persons at a disadvantage or in a vulnerable situation; identical measures shall be taken against violence, slavery, and sexual exploitation. prohibition of torture, forced disappearance and cruel, inhuman or degrading treatments and punishments. prohibition of the use of genetic material and scientific experimentation that undermines human rights. the right to formal equality, material equality and nondiscrimination. the right to freely develop one's personality, without any constraints other than respect for the rights of others. the right to voice one's opinion and express one's thinking freely and in all of its forms and manifestations. the right of all persons wronged by information broadcast by the media, without evidence or based on inaccurate facts, to immediate, mandatory and free corresponding correction, reply or response, in the same broadcasting slot or time. the right to practice, keep, change, profess in public or private one's religion or beliefs and to disseminate them individually or collectively, with the constraints imposed by respect for the rights of others. the state shall protect voluntary religious practice, as well the expression of those who profess no religion whatsoever, and shall favor an environment of plurality and tolerance. the right to freely take informed, voluntary, and responsible decisions on one's sexuality and one's sexual life and orientation. the state shall promote access to the necessary means so that these decisions take place in safe conditions. the right to take free, responsible and informed decisions about one's health and reproductive life and to decide how many children to have. the right to confidentiality about one's convictions. no one can be obliged to make statements about these convictions. in no case shall it be possible to require or use, without the authorization of the holder or his/her legitimate representatives, personal or third-party information about one's religious beliefs, political affiliation or thinking, or data about one's health or sexual life, unless required for medical care. the right to conscientious objection, which shall not undermine other rights or cause harm to persons or nature. all persons have the right to refuse the use of violence and to refuse doing military service. the right to associate, assemble and express oneself freely and voluntarily. the right to travel freely throughout the nation's territory and to choose one's place of residence or to freely enter and leave the country, whose exercise shall be regulated by law. prohibition from leaving the country can only be ordered by a judge authorized to do so. foreigners cannot be returned or expelled to a country where their lives, liberty, safety or well-being or those of their families are in danger because of their ethnic belonging, religion, nationality, ideology, belonging to a given social group or political opinions. the expulsion of groups of foreigners is forbidden migratory processes must be singled out. the right to develop economic activities individually or collectively, in line with the principles of solidarity, social and environmental responsibility. the right to freedom to enter into contracts. the right to freedom of work. no one shall be obligated to carry out free or forced labor, unless provided for by law. the right to honor and a good reputation the law shall protect the image and voice of every person. the right to protection of personal information, including access to and decision about information and data of this nature, as well as its corresponding protection the gathering, filing, processing, distribution or dissemination of these data or information shall require authorization from the holder or a court order. the right to personal and family intimacy. the right to inviolability and secrecy of hard-copy and on-line correspondence, which cannot be retained, opened or examined, except in those cases provided by law, after court order and under the obligation to uphold the confidentiality of matters other than those motivating their examination this right protects any type or form of communication. the right to the inviolability of one's domicile. it shall not be possible to enter the house of a person or conduct inspections or searches without their authorization or a court warrant, except in matters of felonies, in those cases and forms provided for by law. the right to file individual and collective complaints with authorities and to receive substantiated responses and replies. no petitions can be addressed on behalf of the people. the right to participate in the cultural life of the community. the right to have access to quality, efficient, and effective public goods and services provided courteously, as well as to receive adequate and truthful information about their contents and characteristics. the right to property in all of its forms, with social and environmental function and responsibility. the right to have access to property shall be enforced by the adoption of public policies, among other measures. the right to live in a healthy environment that is ecologically balanced, pollution-free and in harmony with nature. the right to personal and collective identity, which includes having a first name and last name, which is duty registered and freely chosen, and to preserve, develop and build up the tangible and intangible characteristics of said identity, such as nationality, family origins, and spiritual, cultural, religious, linguistic, political and social manifestations. the rights of freedom also include: recognition that all persons are born free. prohibition of slavery, exploitation, bondage and smuggling and trafficking in human beings in all their forms. the state shall adopt measures to prevent and eliminate trafficking in persons and to protect and socially reinsert victims of trafficking and other forms of the infringement of freedom. that no person can be incarcerated for debt, costs, fines, taxes or other obligations, except in the case of alimony payments. that no person can be obligated to do something forbidden or to cease from doing something not forbidden by law. article 67 family in its various forms is recognized. the state shall protect it as the fundamental core of society and shall guarantee conditions that integrally favor the achievement of its goals. they shall be comprised of legal or common-law ties and shall be based on the equality of rights and the opportunities of their members. marriage is the union of man and woman and shall be based on the free consent of the persons entering into this bond and on the equality of rights, obligations and legal capacity. article 68 the stable and monogamous union between two persons without any other marriage ties who have a common-law home, for the lapse of time and under the conditions and circumstances provided for by law, shall enjoy the same rights and obligations of those families bound by formal marriage ties. adoption shall only be permitted for different-gender couples. article 69 to protect the rights of persons who are members of a family: responsible motherhood and fatherhood shall be fostered; and the mother and father shall be obliged to take care, raise, educate, feed, and provide for the integral development and protection of the rights of their children, especially when they are separated from them for any reason. unseizable family assets are recognized in terms of amount and on the basis of the conditions and limitations provided for by law. the right to give in legacy and inherit is recognized. the state shall guarantee the equality of rights in decision making for the administration of the marital partnership and the joint ownership of assets. the state shall protect mothers, fathers and those who are the heads of family, in the exercise of their obligations and shall pay special attention to families who have broken up for whatever reason. the state shall promote the joint responsibility of both mother and father and shall monitor fulfillment of the mutual duties and rights between mothers, fathers, and children. daughters and sons shall have the same rights, without any consideration given to kinship or adoption background. no declaration of the quality of the kinship shall be required at the time of registering the birth and no identity document shall refer to the type of kinship. article 70 the state shall draw up and implement policies to achieve equality between women and men, through the specialized mechanism set up by law, and shall mainstream the gender approach in plans and programs and shall provide technical assistance for its mandatory enforcement in the public sector. chapter 7. rights of nature article 71 nature, or pacha mama, where life is reproduced and occurs, has the right to integral respect for its existence and for the maintenance and regeneration of its life cycles, structure, functions and evolutionary processes. all persons, communities, peoples and nations can call upon public authorities to enforce the rights of nature. to enforce and interpret these rights, the principles set forth in the constitution shall be observed, as appropriate. the state shall give incentives to natural persons and legal entities and to communities to protect nature and to promote respect for all the elements comprising an ecosystem. article 72 nature has the right to be restored. this restoration shall be apart from the obligation of the state and natural persons or legal entities to compensate individuals and communities that depend on affected natural systems. in those cases of severe or permanent environmental impact, including those caused by the exploitation of nonrenewable natural resources, the state shall establish the most effective mechanisms to achieve the restoration and shall adopt adequate measures to eliminate or mitigate harmful environmental consequences. article 73 the state shall apply preventive and restrictive measures on activities that might lead to the extinction of species, the destruction of ecosystems and the permanent alteration of natural cycles. the introduction of organisms and organic and inorganic material that might definitively alter the nation's genetic assets is forbidden. article 74 persons, communities, peoples, and nations shall have the right to benefit from the environment and the natural wealth enabling them to enjoy the good way of living. environmental services shall not be subject to appropriation; their production, delivery, use and development shall be regulated by the state. chapter 8. rights to protection article 75 every person has the right to free access to justice and the effective, impartial and expeditious protection of their rights and interests, subject to the principles of immediate and swift enforcement; in no case shall there be lack of proper defense. failure to abide by legal rulings shall be punishable by law. article 76 in all processes where rights and obligations of any kind are set forth, the right to due process of law shall be ensured, including the following basic guarantees: all administrative or judiciary authorities are responsible for guaranteeing enforcement of the standards and rights of the parties. all persons shall be presumed innocent, and shall be dealt with as such, until their guilt is stated by means of final ruling or judgment of conviction. no one shall be judged or punished for a deed or omission which, at the time of its perpetration, is not legally classified by law as a criminal, administrative or other offense; nor shall a punishment not provided for by the constitution or law be applied. a person can only be judged by a competent judge or authority and in keeping with the procedures corresponding to each proceeding. evidence obtained or presented in violation of the constitution or the law shall not have any validity and shall fail to qualify as evidence. in the case of conflict between two laws on the same subject envisaging different punishments for a single action, the less severe of the two punishments shall be imposed, even when its enactment is subsequent to the offense. in the event of any doubt on a regulation providing for punishments, the regulation shall abide by the most favorable interpretation of its effective force for the benefit of the offender. the law shall establish due proportionality between lawbreaking and criminal, administrative or other punishments. the right of persons to defense shall include the following guarantees: no one shall be deprived of the right to defense at any stage or level of the proceedings. to have the time and means to prepare for one's defense. to be listened to at the right time and with equal conditions. procedures shall be public except for those exceptions provided for by law. the parties shall be able to gain access to all documents and steps of the proceedings. no one can be questioned, not even for purposes of inquiry, by the office of the attorney-general, by police force authority or any other authority, without the presence of a private attorney or a court appointed defense attorney, or outside the premises authorized for this purpose. to be helped free of charge by a translator or interpreter if the person does not understand or speak the language in which the proceedings are being conducted. in court procedures, to be helped by an attorney of the person's choice or by a court appointed defense attorney; access to or free and confidential communication with the person's defense attorney cannot be restricted. to submit verbally or in writing the reasons or arguments of those who are being assisted and to respond to the arguments of the other parties; to submit evidence and challenge the evidence that is submitted against them. no one can be judged more than once for the same case and offense. for this purpose, the cases ruled by the indigenous legal system must also be taken into account. those who act as witnesses or experts shall be required to appear before the judge or authority and to answer the respective questions. to be judged by an independent, impartial and competent judge. no one shall be judged by special courts or by special commissions created for the purpose. decisions taken by public authorities must be substantiated. there shall be no substantiation if, in the decision, the legal standards or principles on which it is based are not set forth and if the relevance of their application to the factual background is not explained. the administrative documents, resolutions or rulings that are not duly substantiated shall be considered null and void. the public servants responsible shall be sanctioned. to appeal the decision or ruling in all of the proceedings where a decision is taken on their rights. article 77 in any criminal proceedings where a person has been arrested and detained, the following basic guarantees shall be observed: the deprivation of freedom shall not be considered the general rule and shall be used to ensure the appearance of the accused or defendant to the trial; the right of crime victims to a prompt, timely and expeditious justice; and to ensure compliance with the sanction. it shall proceed by written decision of competent judge, for the time period and in accordance with the formalities established by law. excepted are in flagrante situations, where the person shall not be detained for more than twenty-four hours without a judicial warrant. non-custodial measures shall be applied in accordance with the cases, terms, conditions, and requirements established by law. no person shall be admitted to a detention center without a written warrant issued by a competent judge, except in the case of felonies. persons who are being tried or suspects in a criminal trial and who are incarcerated shall remain in legally established provisional detention centers. all persons, at any moment of detention, shall have the right to know, clearly and in simple language, the reason for their arrest and detention, the identity of the judge or authority ordering the detention, the identity of those who enforced the order and that of the persons responsible for the respective questioning. at the time of detention, the agent shall inform the arrested person of his/her right to remain silent, to request the assistance of an attorney or court-appointed defense attorney in the event he/she is unable to designate one by himself/herself, and to communicate with a relative or any other persons indicated by him/her. if the arrested person is a foreigner, whoever carries out the arrest shall immediately inform the consular representative of the detainee's country. no one can be kept incommunicado. the right of all persons to defense includes: to be informed, previously and in detail, in their own language and in simple words, about the claims and proceedings being filed against them and about the identity of the authority responsible for the claim or proceedings being filed. the right to remain silent. no one can be forced to make statements incriminating oneself with regard to matters that could lead to their criminal liability. no one can be required to make a statement in a criminal trial against one's spouse, life partner or relatives up to the fourth degree of consanguinity or second degree of affinity, except in cases of domestic, sexual and gender violence. the voluntary statements made by the victims of a crime or by the relatives of these victims, regardless of the degree of kinship, shall be admissible. these persons can file and pursue the corresponding criminal proceedings. under the responsibility of the judge hearing the proceedings, pre-trial arrest and detention cannot extend for more than six month in those cases of crimes punishable by imprisonment or for more than one year in those crimes punishable by long-term incarceration. if these time-limits are surpassed, the warrant for pre-trial arrest and detention shall be null and void. the warrant for pre-trial detention decision shall remain in effect and the time-limit shall be suspended ipso jure (automatically) if by any means during the term of the custody, the defendant evades, delays, prevents or hinders his/her trial through acts aimed to exhaust the statute of limitations. if such delay occurs during the trial or results in the expiration of the statute of limitations, due to acts or omissions of judges, prosecutors, ombudsmen, experts or subsidiary bodiesâ�� public officers, they shall be considered to have committed a very serious offense and shall be sanctioned (punished) in accordance with the law. without any exception, once the stay of proceedings or a ruling of acquittal has been issued, the arrested persons shall be set free immediately, even where there is an inquiry or appeal that is pending. the judge shall apply precautionary measures alternative to imprisonment as established by law. such alternative precautionary measures shall be applied in accordance with the cases, terms, conditions and requirements established by law. persons declared guilty and sentenced to imprisonment as a result of a final judgment of conviction shall remain in social rehabilitation centers. no person convicted for an ordinary offense shall complete his/or term outside the state's social rehabilitation centers, except in those cases of alternative punishments or parole, in accordance with the law. law-breaking adolescents shall be governed by a system of socioeducational measures proportionate to the infringement identified. the state shall determine by law custodial and non-custodial sentences. incarceration shall be established as a last resort, for the minimum period needed, and it shall be enforced in establishments that are different from those for adults. when ruling on the challenge to a sanction, the situation of the person making the appeal cannot be made worse. whoever imprisons a person by infringing these regulations shall be punished. the law provides for criminal and administrative sanctions for the arbitrary detention that takes place as the result of the excessive use of the police force, in their abusive application or interpretation of the penalties or other regulations or for reasons of discrimination. for disciplinary arrests of members of the armed forces and the national police force, the provisions of the law shall be applied. article 78 the victims of criminal offenses shall benefit from special protection; guarantees shall be provided to them for preventing their revictimization, especially in obtaining and assessing the evidence; and they shall be protected against any threat or other forms of intimidation. mechanisms shall be adopted for integral reparation, which shall include, without delay, knowledge about the truth of the facts and restitution, compensation, rehabilitation, guarantee of nonrepetition, and satisfaction with respect to the infringed right. a system for the protection of and assistance to victims, witnesses, and participants in the proceedings shall be established. article 79 in no case shall extradition of an ecuadorian be granted. trial of said ecuadorian shall be subject to the laws of ecuador. article 80 proceedings and punishment for the crimes of genocide, crimes to humanity, war crimes, forced disappearance of persons or crimes of aggression to a state shall not be subject to statutes of limitations. none of the above-mentioned cases shall be liable to benefit from amnesty. the fact that one of these crimes might have been perpetrated by a subordinate shall not exempt the superior who ordered said crime or the subordinate who carried out the order from criminal liability. article 81 the law shall establish special and expeditious procedures for bringing to trial and punishing the crimes of domestic violence, sexual offenses, crimes of hate and crimes perpetrated against children, adolescents, young people, persons with disabilities, elderly persons and persons who, because of their specific characteristics, require greater protection. specialized prosecutors and defense attorneys shall be appointed for dealing with these cases, in accordance with the law. article 82 the right to legal security is based on respect for the constitution and the existence of prior legal regulations that are clear, public and applied by the competent authorities. chapter 9. responsibilities article 83 ecuadorians have the following duties and obligations, without detriment to others provided for by the constitution or by law: to abide by and enforce the constitution, the law and the legitimate decisions taken by the competent authority. ama killa, ama llulla, ama shwa. to not be lazy, not lie, not steal. to defend the territorial integrity of ecuador and its natural resources. to cooperate in keeping the peace and safety. to respect human rights and to fight for their enforcement. to respect the rights of nature, preserve a healthy environment and use natural resources rationally, sustainably and durably. to promote public welfare and give precedence to general interests over individual interests, in line with the good way of living. to administer public assets with honesty and in true compliance with the law and to report and combat acts of corruption. to practice justice and solidarity in the exercise of their rights and the enjoyment of goods and services. to promote unity and equality in diversity and in intercultural relationships. to take on public office as a service to the community and to be accountable to society and authority, in accordance with the law. to practice one's profession or trade ethically. to preserve the country's cultural and natural heritage and to take care of and uphold public assets. to respect and recognize ethnic, national, social, generational, and gender differences and sexual orientation and identity. to cooperate with the state and community in social security and to pay taxes levied by law. to help, feed, educate and raise one's children. this duty is a joint responsibility of mothers and fathers, in equal proportion, and shall also be applicable to children when their own mothers and fathers need them. to participate honestly and transparently in the country's political, civic and community life. title iii. constitutional guarantees chapter 1. guarantees of the legal and regulatory framework article 84 the national assembly and all bodies with legal and regulatory authority shall be obligated to adjust, formally and materially, the laws and other legal standards related to the rights provided for in the constitution and international treaties and those that are needed to guarantee the dignity of human beings or communities, peoples and nations. in no case shall amending the constitution, laws, other legal and regulatory frameworks or actions by the government endanger the rights recognized by the constitution. chapter 2. public policies, public services, and public participation article 85 the drafting, enforcement, evaluation and monitoring of public policies and public services that guarantee the rights enshrined in the constitution shall be governed by the following provisions: public policies and the provision of public goods and services shall be aimed at enforcing the good way of living and all rights and shall be drawn up on the basis of the principle of solidarity. without detriment to the prevalence of public welfare over individual well-being, when the impacts of the implementation of public policies or the provision of public goods and services undermine or threaten to undermine constitutional rights, the policy or provision must be reformulated or alternative measures shall be adopted to reconcile the conflicting rights. the state shall guarantee the equitable and mutually supportive allocation of the budget for the implementation of public policies and the provision of public goods and services. in the drafting, implementation, evaluation and monitoring of public policies and public services, the participation of persons, communities, peoples and nations shall be guaranteed. chapter 3. jurisdictional guarantees section 1. common provisions article 86 jurisdictional guarantees shall be governed, as a rule, by the following provisions: any person, group of persons, community, people or nation will be able to propose actions envisaged in the constitution. the judge with jurisdiction in the place where the deed or omission originated or where its impacts were exerted shall be the competent authority and the following rules of procedures shall be applicable: the procedure shall be simple, quick and efficient. it shall be verbal in all of its stages and proceedings. they shall be effective at all times. they can be proposed verbally or in writing, without formalities and without the need to quote the rule that was infringed. support of an attorney to file the action shall not be indispensable. notifications shall be made by the most effective means that are within the reach of the judging party, the legitimized asset and the body responsible for this deed or omission. procedural rules that tend to delay their efficient processing shall not be applicable. once the action has been submitted, the judge shall immediately convene a public hearing and at any time during the proceedings will be able to order the submittal of evidence and designate commissions to gather this evidence. the claim alleged by the person filing the complaint shall be presumed to be true as long as the public institution that is called upon does not prove the contrary or does not provide information the judge shall rule on the case by means of a sentence and, if the infringement of rights has been detected, he/she will have to state this, order integral tangible and intangible reparation and specify and individualize the obligations, both positive and negative, aimed at the target of the legal decision issued and the circumstances under which they must be complied with. the rulings of the first court can be appealed in a provincial court. legal proceedings shall only be complete when the sentence or ruling has been fully enforced. if the sentence or ruling is not complied with by the public servants, the judge shall order their dismissal from their job or employment, without detriment to the civil or criminal liabilities that might be applicable. when it is an individual who has failed to comply with the sentence or ruling, the liability set forth in the law shall come into force. all final judgments shall be referred to the constitutional court for their development in case law. article 87 preventive measures can be ordered either jointly or independently of the constitutional actions for the protection of rights, for the purpose of avoiding or ceasing the violation or threat of violation of a right. section 2. protection proceedings article 88 protection proceedings shall be aimed at ensuring the direct and efficient safeguard of the rights enshrined in the constitution and can be filed whenever there is a breach of constitutional rights as a result of deeds or omissions by any non-judiciary public authority against public policies when they involve removing the enjoyment or exercise of constitutional rights; and when the violation proceeds from a particular person, if the violation of the right causes severe damage, if it provides improper public services, if it acts by delegation or concession, or if the affected person is in a status of subordination, defenselessness or discrimination. section 3. habeas corpus proceedings article 89 habeas corpus proceedings are aimed at restoring the freedom of those who are being held illegally, arbitrarily or illegitimately by order of a public authority or any other persons, as well as to protect the life and bodily safety of persons in prison. immediately after the proceedings are filed, the judge shall convene a hearing, which must be held within the following twenty-fours, where the warrant of arrest and imprisonment with the legal formalities and the justifications of fact and law that substantiate the measure must be presented. the judge shall order the appearance of the imprisoned person, the authority in whose charge the imprisoned person has been committed, the court-appointed defense attorney and the person who had ordered or caused the imprisonment, depending on the case. if necessary, the hearing shall be held in the place of detention. the judge shall rule within twenty-four hours after completion of the hearing. in the event of illegitimate or arbitrary detention, release from prison shall be ordered. the ruling ordering release from prison shall be complied with immediately. if any kind of torture, inhumane, cruel or degrading treatment is confirmed, the order to release the victim, provide integral and specialized care, and provide measures that are alternative to imprisonment when applicable shall be issued. when the order for imprisonment has been issued in criminal proceedings, the appeal shall be made with the provincial court of justice. article 90 when the place of incarceration is unknown and there are indications of interference by some public official or another agent of the state or persons who are acting on the basis of the latter's authorization, support or acquiescence, the judge must call the top representatives of the national police force and the competent minister to a hearing. after listening to them, the measures needed to locate the person and those responsible for his/her imprisonment shall be adopted. section 4. petition for access to public information article 91 the petition for access to public information shall be aimed at guaranteeing access to this information, when this information has been denied expressly or tacitly or when the information provided is incomplete or not trustworthy. it can be filed even if the denial to provide information is based on the secret, reserved, confidential nature of the information or any other classification. the reserved nature of the information must be stated prior to the petition by a competent authority and in accordance with the law. section 5. habeas data proceedings article 92 all persons, by their own rights or as legitimate representatives for this purpose, shall have the right to know of the existence of and gain access to documents, genetic data, personal data banks or files and reports about themselves or about their assets that appear in public or private entities, whether in hard copy or on electronic media. likewise, they shall have the right learn about the use made of this information, its end purpose, the origin and destination of the personal information and the time of validity of the data file or bank. the persons responsible for the data banks or files will be able to disseminate the filed information with the authorization of the holder or the law. the person owning the data will be able to request the person in charge to allow access free of charge to the file, as well as update of the data and their correction, deletion or annulment. in the case of sensitive data, whose file must be authorized by law or by the person owning the information, the adoption of the security measures that are needed shall be required. if the petition is not duty answered, the person can resort to a judge. the affected person can file a complaint for damages caused. section 6. proceedings for failure to comply article 93 proceedings for failure to comply shall be aimed at guaranteeing the application of rules and regulations comprising the legal system, as well as compliance with the rulings or reports of international human rights organizations, when the regulation or decision whose enforcement is being pursued contains an obligation to make it clear, express and enforceable. the petition shall be filed with the constitutional court. section 7. special proceedings for protection article 94 the special proceedings for protection shall be admissible against those rulings or definitive judgments where there has been a violation, by deed or omission, of the rights enshrined in the constitution, and they shall be filed with the constitutional court. this appeal shall be admissible when regular and special appeals have been exhausted within the legal framework, unless the failure to file these resources was not attributable to the negligence of the person bearing the constitutional right that was infringed. title iv. participation and organization of power chapter 1. participation in democracy section 1. principles of participation article 95 citizens, individually and collectively, shall participate as leading players in decision making, planning and management of public affairs and in the people's monitoring of state institutions and society and their representatives in an ongoing process of building citizen power. participation shall be governed by the principles of equality, autonomy, public deliberation, respect for differences, monitoring by the public, solidarity and interculturalism. the participation of citizens in all matters of public interest is a right, which shall be exercised by means of mechanisms of representative, direct and community democracy. section 2. community organization article 96 all forms of organizing society are recognized as an expression of the people's sovereignty to develop processes of self-determination and to influence public decisions and policymaking and for social monitoring of all levels of government, as well as public and private institutions that provide public services. organizations can be articulated at different levels to build up citizen power and its forms of expression; they must guarantee internal democracy, the rotation of power of their leaders, and accountability. article 97 all organizations shall be able to develop alternative forms of dispute mediation and settlement, in those cases permitted by law; to act as delegates of the competent authority, with acceptance of due shared responsibility with this authority, to call for reparation of damages caused by public or private institutions; to draw up economic, political, environmental, social and cultural proposals and claims; and to propose other initiatives contributing to the good way of living. volunteer work for social action and development is recognized as a form of social participation. article 98 individuals and communities shall be able to exercise the right to resist deeds or omissions by the public sector or natural persons or non-state legal entities that undermine or can undermine their constitutional rights or call for recognition of new rights. article 99 citizen action shall be exercised individually or representing the community when a right is infringed and when it is threatened; it shall be submitted to a competent authority, in accordance with the law. the exercise of this action shall not prevent other actions guaranteed by the constitution and the law. section 3. participation in the different levels of government article 100 at all levels of government, entities of participation shall be set up, comprised of elected authorities, representatives of the dependent regime, and representatives of the society of the territorial sphere of each level of government, which shall be governed by democratic principles. participation in these entities is aimed at: drafting national, local and sector plans and policies between governments and the citizenry. improving the quality of public investment and drafting development agendas. drawing up participatory budgets of governments. building up democracy with permanent mechanisms for transparency, accountability and social control. promoting citizen training and fostering communication processes. to implement this participation, public hearings, oversight committees, assemblies, gross-roots lobbying, consultative councils, observatories and other entities that promote civic-mindedness shall be organized. article 101 the sessions of decentralized autonomous governments shall be public and at these sessions there will be an empty seat that shall be held by a representative of the citizens, depending on the topics to be dealt with, for the purpose of participating in their debate and decision making. article 102 ecuadorians, including those residing abroad, whether individually or collectively, will be able to submit their proposals and projects at all levels of government, through the mechanisms provided for in the constitution and by law. section 4. direct democracy article 103 grass-roots legal and regulatory initiatives shall be exercised to propose the creation, amendment or repeal of legal regulations to the legislative branch of government or any other body that has a regulatory jurisdiction. it must benefit from the backing of a number accounting for no less than zero point twenty-five percent (0.25%) of the persons registered in the voter registration list of the corresponding jurisdiction. those who propose a grass-roots initiative shall participate, by means of their representatives, in discussing the project in the corresponding body, which shall have a term of one-hundred eighty (180) days to review the proposal; if the proposal is not reviewed within those time-limits, it will enter into force. when it involves a bill, the president of the republic shall be able amend the bill but not to veto it completely. for the submittal of constitutional amendment proposals, the backing of a number accounting for no less than one percent (1%) of the persons registered in the voter registration list shall be required. if the legislative branch does not review the proposal within a term of one year, the proposers will be able to request the national electoral council to call for a referendum, without the need to provide the eight percent (8%) backing of those registered in the voter registration list. while one grass-roots proposal to amend the constitution is being processed, no other can be submitted at the same time. article 104 the corresponding electoral body shall convene a referendum as ordered by the president of the republic, the supreme authority of decentralized autonomous governments or citizen initiative. the president of the republic shall instruct the national electoral council to convene a referendum on matters he/she deems advisable. decentralized autonomous governments, on the basis of a decision taken by three fourths of their members, can request that a referendum be convened on issues of interest for their jurisdiction which are within the competence of the corresponding level of government. citizens will be able to request the call for a referendum. when the referendum is nationwide, the petitioner must reckon with the backing of a number accounting for no less than five percent (5%) of the persons registered in the voter registration list; when the referendum is local, it must be backed by a number accounting for no less than 10% of the corresponding voter list. when the referendum is requested by ecuadorians abroad, for matters of interest to them and involving the ecuadorian state, it shall require the backing of a number accounting for no less than five percent (5%) of the persons registered on the voter registration list of their special voting precinct. referendums requested by the decentralized autonomous governments or the citizenry shall not be able to refer to tax-related matters or the country's political and administrative structure, except for what is provided for in the constitution. in all cases, a previous ruling by the constitutional court on the constitutionality of the proposed questions shall be required. article 105 all persons, in the exercise of their political rights, will be able to recall elected authorities. the request for recall can be submitted after the first year and before the last year of the term of office for which the challenged authority was elected. during the term of office of an authority, only one proceeding requesting his/her recall can be carried out. the request for recall must be backed by a number accounting for no less than ten percent (10%) of the persons registered in the corresponding voter registration list. in the case of the president of the republic, backing by a number accounting for no less than fifteen percent (15%) of the persons registered in the electoral registration list. article 106 the national electoral council, once it is apprised of the decision taken by the president of the republic or the decentralized autonomous governments or accepts the petition requested by the citizenry, shall within fifteen (15) days call for a referendum, plebiscite or recall (motion to dismiss), which then must be held in the ensuing sixty (60) days. for the adoption of a matter proposed for referendum, plebiscite or recall, an absolute majority of valid votes shall be required, except for a referendum to recall the president of the republic, in which case the absolute majority of voters is required. the people's decision shall require mandatory and immediate enforcement. in the case of recall, the challenged authority shall be removed from office and shall be replaced by whoever is stipulated by the constitution article 107 for the expenditures required to hold the elections that are convened by order of decentralized autonomous governments, they shall be charged to the budget of the corresponding level of government; those that are convened by order of the president of the republic or at the request of the citizenry shall be charged to the general budget of the state. section 5. political organizations article 108 political parties and movements are non-state public organizations, which constitute the expressions of political plurality of the people and are sustained by philosophical, political, ideological, inclusive and nondiscriminatory concepts. their organization, structure and functioning shall be democratic and shall guarantee rotation of power, accountability, and parity membership between women and men on their governing boards. they shall choose their board members and candidates by means of internal electoral processes or primaries. article 109 political parties shall be national in nature, shall be governed by their principles and bylaws, shall propose a government platform and shall keep a record of their members. political movements may pertain to any level of government or the district of ecuadorians living abroad. the law shall set the requirements and conditions for the democratic organization, permanence and actions of political movements, as well as incentives for them to forge alliances. political parties must submit their statement of ideological principles, government platform setting forth the basic actions they propose to carry out, bylaws, symbols, emblems, logos, list of governing board members. parties must have a national structure, which shall cover at least 50% of the country's provinces, two of which must pertain to the three provinces with the largest population. the registry of members cannot have a number accounting for less than one point five percent (1.5%) of the persons on the voter registration list used in the last election. political movements must submit a statement of principles, government platform, symbols, acronyms, emblems, logos and registry of members or followers, with a number accounting for no less than one point five percent (1.5%) of the voter registration list used in the last election. article 110 political parties and movements shall be funded by membership dues paid by their members and followers, and as long as they meet the requirements stipulated by law, the political parties shall receive state allocations subject to monitoring. the political movement that, on two successive multi-person elections, obtains at least five percent (5%) of all valid votes nationwide, shall acquire the same rights and must meet the same obligations as political parties. article 111 the right of political parties and movements registered in the national electoral council to political opposition at all levels of government is recognized. section 6. political representation article 112 the political parties and movements or their alliances may submit militants, sympathizers or unaffiliated persons as candidates for general election. political movements shall require the backing of persons registered in the voter registration list of the corresponding jurisdiction by a number accounting for no less than one point five percent (1.5%). when requesting registration, those who are submitting their candidacy shall submit their government platform or proposals. the political parties and movements or their alliances may not nominate candidates for the elections to the council for public participation and social control. article 113 the following cannot be candidates to an election by universal suffrage: those who, when registering their candidacy, have a contract with the state, as natural persons or as representatives or proxies of legal entities, when the contract was entered into for the implementation of a public work, provision of public service or production of natural resources. those have been convicted and sentenced for crimes punishable by long-term imprisonment or for bribery, illicit enrichment or embezzlement. those who owe alimony payments. the judges of the judicial branch of government, the electoral dispute settlement court and the members of the constitutional court and the national electoral council, unless they have resigned from office six months before the date set for the election. members of the foreign service who hold a position abroad cannot be candidates representing ecuadorians abroad unless they have resigned from their position six months before the date set for the election. public servants whose appointment and recall are discretionary and those who have fixed-term contracts, unless they have resigned prior to the date of registration of their candidacy. the other public servants and teachers can submit their candidacy and shall enjoy a leave of absence without salary from the date of registration of their candidacies up to the date following the election, and if they are elected while they hold office. performance of their duties by those who are elected to parish boards shall not be incompatible with the performance of their duties as public servants or teachers. those who have exercised executive authority in de facto governments. members of the armed forces and the national police force on active duty. article 114 the authorities elected by the people can be reelected only once, consecutively or not, for the same position. the authorities elected by the people who submit their candidature for a different office shall resign from the one they are currently holding. article 115 the state, through the media, shall guarantee, in an equitable and egalitarian fashion, promotion of the election fostering debate and dissemination of the program platforms of all the candidates. political subjects cannot hire advertising in the media and on billboards. the use of state resources and infrastructure, as well as government publicity, at all levels of government for the electoral campaign, is forbidden. the law shall set sanctions for those who fail to comply with these provisions and shall determine the limit and control mechanisms for political solicitation and campaign spending. article 116 for multi-person elections, the law shall establish an electoral system in line with the principles of proportionality, equality of vote, equity, parity and rotation of power between women and men and shall determine the voting precincts inside and outside the country. article 117 legal reforms to election are forbidden during the year prior to holding elections. if a provision is declared unconstitutional and this affects the normal development of the electoral process, the national electoral council shall propose to the legislative branch of government a bill so that the legislature can review it within no fewer than thirty (30 days); if it is not dealt with, it shall come into force by law. chapter 2. legislative branch of government section 1. national assembly article 118 the legislative branch of government is exercised by the national assembly, which is comprised of assembly persons elected for a four-year term of office. the national assembly is comprised one single house of representatives and shall have its seat in quito. in exceptional circumstances, it can meet in any part of the country's territory. the national assembly shall be comprised of fifteen (15) assembly persons elected as representatives of the nation as a whole (national district). two (2) assembly persons elected for each province, plus one (1) additional assembly person for every two hundred thousand (200,000) inhabitants or fraction thereof over one hundred fifty thousand (150,000), on the basis of the last national population census. the law shall determine the election of assembly persons representing regions, metropolitan districts, and the district representing ecuadorians living abroad. article 119 to be an assembly person, one must be an ecuadorian national, at least eighteen (18) years of age at the time of registering one's candidacy, and in possession of political rights. article 120 the national assembly shall have the following attributions and duties, in addition to those provided for by law: to swear into office the president and vice-president of the republic when the national electoral council has declared that they have won the election. the swearing-in ceremony shall take place on the 24th of may of the year they were elected. to declare disempowering physical or mental disability preventing the president of the republic from fulfilling his/her duties and to decide their termination of office in accordance with the provisions of the constitution. to elect the vice-president, in the event of his/her definitive absence, from a shortlist of candidates proposed by the president of the republic. to be apprised of the annual reports that must be submitted by the president of the republic and issue views regarding them. to participate in the constitutional reform process. to expedite, codify, reform and repeal laws and interpret them, with a generally mandatory nature. to create, amend or eliminate taxes by means of the law, without detriment to the attributions granted to decentralized autonomous governments. to adopt or turn down international treaties in those cases whenever appropriate. to audit the activities of the executive, electoral, and transparency and social control branches of government and other bodies of the public sector and to request public servants to provide the information that it deems necessary. to authorize, on the basis of a vote of two thirds of its members, the criminal impeachment of the president or vice-president of the republic when the competent authority so requests it on substantive grounds. to swear into office the supreme authority of the office of the state prosecutor, the office of the comptroller general, the attorney-general's office, the office of the human rights ombudsman, the office of the attorney for the defense of the people, the superintendencies, and the members of the national electoral council, the judiciary council, and the council for public participation and social control. to adopt the general budget of the state, in which the limits of government indebtedness shall be stipulated, and monitor its implementation. to grant amnesty for public crimes and pardons for humanitarian reasons, with the favorable vote of two thirds of its members. the above shall not be granted for crimes perpetrated against public administration or for genocide, torture, forced disappearance of persons, kidnapping, or homicide on political or moral grounds. article 121 the national assembly shall elect a president and two vice-presidents from among its members, for a two-year term of office, and they can be reelected. the vice-presidents shall hold, in order, the office of the president in the event of temporary or definitive absence or resignation from office of the president of the national assembly. the national assembly shall fill the vacancies when required and for the time remaining to complete the terms of office. the national assembly shall elect from outside its membership a secretary and a pro-secretary. article 122 the supreme body of the legislative administration shall be comprised of those who hold the office of president and the office of the two vice-presidents and of four members elected by the national assembly from among the assembly persons belonging to different legislative groups. article 123 the national assembly shall be installed in quito, without the need to issue a call to meeting, on the fourteenth of may of the year of its election. the plenary shall be held regularly and permanently, with two fifteen-day recesses every year. the sessions of the national assembly shall be public, barring those exceptions provided for by the law. during recess, the president of the national assembly, as such, at the request of the majority of the members of the assembly or of the president of the republic, shall convene special sessions to deal exclusively with the specific matters indicated in the call to meeting. article 124 the political parties or movements that have a number of assembly persons accounting for at least ten percent (10%) of the members of the national assembly may be able to set up a legislative group. the political parties or movements that do not manage to account for the above-mentioned percentage will be able to join with others for the purpose of forming a legislative group. article 125 to fulfill its attributions, the national assembly shall set up permanent specialized committees, in which all of its members shall participate. the law shall determine the number, establishment, and competencies of each one. article 126 to carry out its work, the national assembly shall be governed by the corresponding law and its internal regulations. to amend or codify this law, an absolute majority of the members of the assembly shall be required. article 127 the assembly persons shall perform a public duty at the service of the country, they shall act for the general welfare of the nation; they shall be held politically liable by society for their deeds or omissions in the performance of their duties and attributions; and they shall be obliged to render accounts to their constituents. assembly persons shall not be able: to hold any other public or private office or perform their professional activities if the latter are incompatible with their office, except for teaching at university as long as their schedule allows them. to provide, process, receive or administer resources of the general budget of the state, except those earmarked for the functioning of the administrative budget of the national assembly. to process appointments to public office. to collect allowances and other income from public funds that do not pertain to their duty as assembly persons. to accept appointments, delegations, commissions or representations that are paid from other state duties. to be a member of the governing boards of other associated bodies of institutions or companies in which the state has a share. to enter into contracts with entities of the public sector. whoever fails to observe one of these prohibitions shall forfeit the status of assembly person, in addition to being held liable by law for this failure. article 128 assembly persons shall enjoy parliamentary immunity from legal proceedings by the national court of justice during the performance of their duties; they shall not be held civilly or criminally liable either for the opinions they give or for the decisions or actions they carry out in the performance of their duties, inside or outside the national assembly. to file criminal proceedings against an assembly person, prior authorization from the national assembly shall be required, except in those cases that are not related to the performance of their duties. if the petition filed by the competent judge requesting authorization for trial proceedings is not answered within a term of thirty (30) days, it shall be construed as granted. during the periods of recess, the time-limits indicated above shall be suspended. assembly persons can only be arrested and imprisoned in case of a felony or final judgment of conviction. criminal proceedings that had been filed prior to the swearing into office shall continue to be processed by the judge in charge of the hearing the case. section 2. monitoring government action article 129 the national assembly shall be able to proceed with the impeachment of the president or vice-president of the republic at the request of at least one third of its members, in the following cases: for crimes against the security of the state. for crimes of extortion, bribery, embezzlement or illicit enrichment. for crimes of genocide, torture, forced disappearance of persons, kidnapping or homicide on political or moral grounds. to file impeachment proceedings, a ruling of admissibility by the constitutional court shall be required, but prior criminal proceedings shall not be required. within seventy-two hours, once the procedures provided for by law have concluded, the national assembly shall issue a ruling, with a statement of its reasons, on the basis of evidence for his/her defense submitted by the president of the republic. to proceed with censure and removal from office, a favorable vote of two thirds of the members of the national assembly shall be required. if the censure leads to grounds for suspicion of criminal liability, a decision shall be taken to refer the matter for investigation by the competent judge. article 130 the national assembly shall be able to remove the president of the republic from office in the following cases: for having taken up duties that do not come under his/her competence, after a favorable ruling by the constitutional court. for severe political crisis or internal unrest. within seventy-two (72) hours, after concluding the procedure provided for by law, the national assembly shall issue a ruling, with a statement of its reasons, on the basis evidence for his/her defense submitted by the president of the republic. to proceed with the removal from office, the favorable vote of two thirds of the members of the national assembly shall be required. if the motion to remove the president from office is adopted, the vice-president shall take over the office of the president of the republic. this power can only be exercised once during the legislative period, during the first three years of office. within seven days at the most after publication of the ruling to remove the president from office, the national electoral council shall convene for a same date legislative and presidential elections ahead of time for the rest of the respective terms of office. installation of the national assembly and the swearing in of the president-elect shall take place in accordance with the provisions of the constitution, on the date set by the national electoral council. article 131 the national assembly shall be able to file impeachment proceedings at the request of at least one fourth of its members, and for failure to perform the duties stipulated by the constitution and the law, against the ministers of state or the supreme authority of the office of the state prosecutor, the office of the comptroller general, the attorney-general's office, the office of the human rights ombudsman, the office of the attorney for the defense of the people, the superintendencies, and the members of the national electoral council, the electoral dispute settlement court, the judiciary council and the council for public participation and social control, and the other authorities as provided for by the constitution, during the performance of their duties in office and up to one year after concluding their respective terms of office. to proceed with their censure and removal from office, the favorable vote of the absolute majority of the members of the national assembly shall be required, except for ministers of state and members of the electoral branch of government and the judiciary council, in which case two thirds shall be required. censure shall lead to the immediate removal of the authority from office. if the reasons for the censure lead to grounds for suspicion of criminal liability, the decision shall be taken to refer the matter for investigation by the competent authority. section 3. legislative procedures article 132 the national assembly shall adopt laws as general norms for the general welfare. the attributions of the national assembly that do not require the enactment of a law are exercised by means of agreements or resolutions. a law shall be required in the following cases: regulating the exercise of constitutional rights and guarantees. providing for the criminal categorization of infringements and providing for the corresponding sanctions. levying, amending or eliminating taxes, without detriment to the attributions that the constitution grants to decentralized autonomous governments. attributing duties, responsibilities, and competencies to decentralized autonomous governments. amending the political and administrative division of the country, except with respect to parishes. granting public monitoring and regulatory bodies the power to issue standards of a general nature in matters pertaining to their competence, without being able to alter or innovate legal provisions. article 133 laws shall be organic and regular. the following shall be organic laws: those governing the organization and functioning of the institutions established by the constitution. those governing the exercise of constitutional rights and guarantees. those governing the organization, competencies, powers, and functioning of decentralized autonomous governments. those related to the system governing political parties and the electoral system. the issuance, reform, repeal and interpretation, of a generally mandatory nature, of organic laws shall require an absolute majority of the members of the national assembly. the others shall be regular laws, which cannot amend or prevail over an organic law. article 134 the initiative to submit bills pertains: to the assembly persons, with the support of a legislative group or at least five percent (5%) of the members of the national assembly. to the president of the republic. to the other branches of the state in the framework of their jurisdiction. to the constitutional court, the office of the state prosecutor, the attorney-general's office, the office of the human rights ombudsman, and the office of the attorney for the defense of the people in the subjects that pertain to them in accordance with their attributions. to the citizens who are in possession of their political rights and the social organizations that benefit from the support of at least zero point twenty-five percent (0.25%) of the citizens registered in the national voter registration list. those who submit bills in accordance with the present provisions will be able to participate in their discussion, either personally or by means of their delegates. article 135 only the president of the republic will be entitled to submit bills that levy, amend or eliminate taxes, that increase public spending or that change the country's political and administrative division. article 136 bills must refer to one single subject and shall be submitted to the president of the national assembly with sufficient explanation of their grounds, the list of articles that are being proposed and a clear indication of the articles that would be repealed or amended by the new laws. if the bill does not meet these requirements, it shall not be processed. article 137 the bill shall be subject to two debates. the president of the national assembly, within the time-limits set by law, shall order distribution of the bill to the members of the assembly and shall publicly disseminate an abstract of the law and shall send it to the corresponding committee, which shall start its respective examination and processing. citizens interested in having the bill adopted or who believe that their rights might be affected by its enactment shall be entitled to appear before the committee to expound their arguments. once the bill has been adopted, the assembly shall send it to the president of the republic so that he/she can approve it or object to it on the basis of substantiated grounds. once the bill has been approved or if there are no objections within thirty days after it was received by the president of the republic, the law shall be enacted and it shall be published in the official register. article 138 if the president of the republic totally objects to the bill, the national assembly can once again consider it, but only one year after the date of the objection. once this period has elapsed, the assembly can ratify it in one single debate, with a favorable vote of two thirds of its members, and shall send it immediately to the official register for publication. if the objection is partial, the president of the republic shall submit an alternative text, which cannot include subjects not envisaged in the bill; the same restriction must also be observed by the national assembly when adopting the suggested amendments. the assembly shall examine the partial objection within thirty (30) days as of the date of its submission and shall be able, in one single debate, to adhere to it and amend the bill with the favorable vote of the majority of those attending the session. the initially adopted project can also be ratified by the favorable vote of two thirds of its members. in both cases, the assembly shall send the law to the official register for publication. if the assembly does not examine the objection within the time-limits indicated, it shall be understood that it adheres to it and the president of the republic shall order enactment of the law and its publication in the official register. if unconstitutionality is the grounds of the objection, then the objection shall first be resolved. article 139 if the objection of the president of the republic is based on the bill's total or partial unconstitutionality, a ruling issued by the constitutional court shall be required and it must be issued within thirty days. if the ruling confirms that the bill is totally unconstitutional, it shall be shelved, and if it is ruled that it is partially unconstitutional, the national assembly shall make the necessary changes so that the bill can secure the approval of the president of the republic. if the constitutional court rules that the bill is not unconstitutional, the national assembly shall enact it and order its publication. article 140 the president of the republic will be able to send to the national assembly bills qualified as urgent on economic matters. the assembly must adopt, amend or turn them down within thirty (30) days at the most as of their reception. procedures for submittal, discussion and adoption of these bills shall be the regular ones, except with respect to the previously established time-limits. while a bill qualified as urgent is being discussed, the president of the republic will not be able to send another, unless a state of exception has been decreed. when the assembly does not adopt, amend or turn down the bill qualified as urgent in economic matters within the stipulated time-limits, the president of the republic shall enact it as a decree-law or shall order its publication in the official register. the national assembly shall be able, at any time, to amend or repeal it, on the basis of the regular process provided for by the constitution. chapter 3. executive branch of government section 1. organization and duties article 141 the president of the republic performs the duties of the executive branch of government and is the head of state and government and is in charge of public administration. the executive branch is comprised of the office of the president and the office of the vice-president of the republic, the ministries of state and the other organizations and institutions needed to fulfill, in the framework of their competence, the attributions of leadership, planning, implementation and evaluation of national public policies and plans that are created to implement them. article 142 the president of the republic shall be an ecuadorian national by birth, at least thirty (30) years of age when registering his/her candidacy, in possession of his/her political rights, and not subject to any of the disqualifications or prohibitions provided for by the constitution. article 143 candidates to the office of the president and vice-president of the republic shall appear on the same voting ballot. the president or vice-president shall be elected by absolute majority of the valid ballots that were cast. if, at the first round of voting, no electoral pair secures the absolute majority of votes, a second electoral round shall be held within the ensuing forty-five days, and the two electoral pairs who have obtained the highest number of votes in the first round shall participate in the second round. a second round of voting shall not be necessary if the electoral pair that obtained the highest ranking garners at least 40% of the valid votes and a difference of more than 10% of the number of votes obtained by the electoral pair ranking second. article 144 the term of office of the president of the republic shall start ten days after installation of the general assembly, before which he/she shall be sworn into office. if the national assembly has already been installed, the term of office of the new administration shall begin within forty-five (45) days after the results of the election have been announced. the president of the republic shall remain four years in office and can be reelected only once. the president of the republic, during his/her term of office and up to one year after leaving office, must advise the national assembly ahead of time of any departure from the country, the duration and reasons for absence from the country. article 145 the president of the republic shall cease to perform his/her duties and shall leave office in the following cases: expiry of the presidential term of office. voluntary resignation from office accepted by the national assembly. removal from office, in accordance with the provisions of the constitution. permanent physical or mental disability preventing him/her from performing his/her duties, as certified in accordance with law by a committee of specialized physicians and so declared by the national assembly with the votes of two thirds of its members. giving up the post, as confirmed by the constitutional court and declared by the national assembly with the votes of two thirds of its members. impeachment and recall, in accordance with the procedures provided for by the constitution. article 146 in the event of a temporary absence from the office of the president of the republic, the president shall be replaced by the person holding the office of vice-president. a temporary absence shall be understood as the result of illness or other force majeure circumstance that prevents the performance of duties for a maximum period of three months or the leave of absence granted by the national assembly. in the event of the definitive absence of the president of the republic, the person holding the office of vice-president shall replace the president for time remaining to complete the corresponding presidential term of office. in the event of a simultaneous and definitive absence of the president and vice-president of the republic, the president of the national assembly shall temporarily take on the office of president, and within forty-eight (48) hours, the national electoral council shall convene an election for these offices. those who are elected shall perform their respective duties until the term of office has expired. if there is one year or less before expiry of the term of office, the president of the national assembly shall take the office of the president of the republic for what remains of the term of office. article 147 the following are the attributions and duties of the president of the republic, in addition to those stipulated by law: to observe and enforce the constitution, laws, international treaties, and other legal regulations within the scope of his/her competency. to submit, at time of being sworn into office before the national assembly, the basic guidelines of the policies and actions that will be developed during his/her term of office. to define and direct the public policies of the executive branch. to submit to the national planning council the proposal for the national development plan for its adoption. to direct public administration with a decentralized approach and to issue the decrees needed for its integration, organization, regulation and monitoring. to create, change, and eliminate coordination ministries, entities and bodies. to annually submit to the national assembly the report on compliance with the national development plan and the objectives that the government intends to achieve the following year. to send the draft general budget of the state to the national assembly for its adoption. to appoint and remove from office ministers of state and other public servants whose appointment pertains to him/her. to draw up the country's foreign affairs policy, to sign and ratify international treaties, and to remove from office ambassadors and heads of mission. to participate with legislative initiatives in the process of drafting laws. to approve bills adopted by the national assembly and to order their enactment in the official register. to issue the regulations that are needed to enforce laws, without infringing them or altering them, as well as those that are required for the sound functioning of the administration. to convene a referendum in those cases and with those requirements provided for in the constitution. to convene the national assembly for special sessions, identifying the specific matters that will be dealt with. to exercise the supreme authority for the armed forces and the national police force and designate the members of the high command of the armed and police forces. to safeguard the country's sovereignty, the independence of the state, domestic law and order and public security and to exercise the political leadership of national defense. to pardon, reduce and commute sentences, in accordance with the law. article 148 the president of the republic will be able to dissolve the national assembly when, in his/her opinion, it has taken up duties that do not pertain to it under the constitution, upon prior favorable ruling by the constitutional court; or if it repeatedly without justification obstructs implementation of the national development plan or because a severe political crisis and domestic unrest. this power can be exercised only once the first three years of his/her term of office. within seven days at the most after the publication of the decree of dissolution, the national electoral council shall convene, for the same date, legislative and presidential elections for the rest of the respective terms of office. up until the installation of the national assembly, the president of the republic shall be able, upon a prior favorable ruling issued by the constitution court, issue decree-laws for urgent economic matters, which may be adopted or repealed by the legislative body. article 149 whoever holds the office of vice-president of the republic shall meet the same requirements, shall be subject to the same disqualifications and prohibitions as those set for the president of the republic, and shall perform his/her duties for the same term of office. the vice-president of the republic, when not replacing the president of the republic, shall perform the duties that the latter assigns him/her. article 150 in the event of temporary absence of whoever holds the office of vice-president of the republic, replacement shall pertain to the minister of state who is designated by the office of the president of the republic. causes for temporary absence of whoever holds the office of vice-president of the republic shall be the same as those set for the president of the republic. in the event of the definitive absence of the vice-president of the republic, the national assembly, on the basis of a vote of the majority of its members, shall elect his/her replacement from a shortlist of candidates submitted by the office of the president of the republic. the elected person shall perform his/her duties for the time that remains to complete the term of office. if the national assembly neglects to pronounce itself within thirty days of being notified of the petition, it shall be understood that the first person appearing on the shortlist of candidates shall be chosen. article 151 the ministers of state shall be appointed and recalled at the discretion of the president of the republic and shall represent him/her in matters inherent to the respective ministries for which they are responsible. they shall be held liable politically, civilly and criminally for the actions and contracts they enter into during the performance of their duties, regardless of the state's subsidiary civil responsibility. to be a standing minister of state, one is required to be an ecuadorian national, to be in possession of political rights and to not have incurred any disqualification or incompatibility, as provided for by the constitution. the number of ministers of state, their name and the competencies assigned to them shall be established by means of a decree issued by the office of the president of the republic. article 152 the following cannot be ministers of state: relatives up to the fourth degree of consanguinity and the second degree of affinity of those who hold the office of president and vice-president of the republic. natural persons, owners, board of director members, representatives or proxies of private-sector legal entities, whether domestic or foreign, that have a contract with the state for the implementation of public works, the provision of public services or the production of natural resources, by means of a concession, partnership or any other type of contract. members of the armed forces and the national police force on active duty. article 153 those who have held the standing post of minister of state and public servants at the upper echelons of public administration as defined by law, once they have left their post and for the ensuing two years, cannot be member of the board of directors and executive management team or be legal representatives or have the power of attorney for private-sector legal entities, whether domestic or foreign, that have entered into a contract with the state, whether for the implementation of public works, the provision of public services, or the production of natural resources, by means of a concession, partnership or any other type of contract, nor can they be officers of international financial institutions that have pending credit with the country. article 154 the ministers of state, in addition to the attributions given to them by law, are in charge of exercising leadership of the public policies concerning the area under their responsibility and issuing the agreements and administrative resolutions that are required for its management. submitting to the national assembly the reports that are required and that are related to the areas under their responsibility and to appear when called or subject to impeachment. article 155 in each territory, the president of the republic shall be entitled to have one representative who monitors observance of the policies of the executive branch and who directs and coordinates the activities of its public servants. section 2. national equality councils article 156 the national equality councils are bodies responsible for ensuring the full observance and exercise of the rights enshrined in the constitution and in international human rights instruments. the councils shall exercise their attributions for the drafting, cross-cutting application, observance, follow-up and evaluation of public policies involving the issues of gender, ethnic groups, generations, interculturalism, and disabilities and human mobility, in accordance with the law. to achieve their objectives, they shall coordinate with leading and executive entities and with specialized organizations for the protection of rights at all levels of government. article 157 the national equality councils shall be comprised, on the basis of a parity approach, of representatives of civil society and the state, and they shall be chaired by those who represent the executive branch. the structure, functioning and form of membership of their members shall be governed by the principles of rotation of power, democratic participation, inclusion and pluralism. section 3. armed forces and national police force article 158 the armed forces and national police force are institutions aimed at protecting citizen rights, liberties, and guarantees. the fundamental mission of the armed forces is the defense of the country's sovereignty and territorial integrity, and, complementary, support the stateâ��s integral security in accordance with the law. internal protection and upholding law and order are exclusive duties of the state and responsibility of the national police force. the employees and officers of the armed forces and the national police force shall be trained in the basic principles of democracy and human rights and shall respect the dignity and human rights of persons without any discrimination and with full observance of the legal regulatory framework. article 159 the armed forces and the national police force shall be obedient and not deliberative; they shall fulfill their mission strictly subject to civilian power and the constitution. the authorities of the armed forces and the national police force shall be responsible for the orders that are given. obedience of orders from their superiors shall not exonerate those who carry them out from being held liable for them. article 160 persons wishing to have a career in the armed forces or police force shall not be discriminated against for admittance. the law shall stipulate the specific requirements for those cases where special skills, knowledge or capabilities are required. members of the armed forces and the national police force shall be subject to specific laws governing their rights and obligations and subject to their system of advancement and promotions based on merit and gender equity criteria. their job security and professional development shall be guaranteed. the members of the armed forces and the national police force can only be deprived of their ranks, pensions, decorations and commendations for causes set forth in these laws and cannot make use of privileges stemming from their ranks over the rights of persons. the members of the armed forces and the national police force shall be judged by the bodies of the judicial branch of government; in the case of crimes committed in the framework of their specific mission, they shall be judged by specialized military and police courts, belonging to the same above-mentioned judicial branch. breach of the rules of discipline shall be judged by the competent organizations provided for by law. article 161 civic-military service is voluntary. this service shall be performed in the framework of respect for diversity and rights and shall be supported by alternative training in various occupational fields that contribute to individual development and the well-being of society. those who participate in this service shall not be taken to areas of high military risk. all forms of forced recruitment are forbidden. article 162 the armed forces can only participate in economic activities involving national defense and can provide their contingent to support national development, in accordance with the law. the armed forces will be able to organize reserve forces, in accordance with the needs to perform their duties. the state shall allocate the resources that are needed for their equipment, training, and education. article 163 the national police force is a state institution that is civilian, armed, technical, structured by ranks, disciplined, professional and highly specialized, whose mission is to provide for public safety and law and order, and to protect the free exercise of rights and security of persons in the national territory. the members of the national police force shall receive training based on human rights, specialized research, prevention, control, and crime prevention, and the use of methods of deterrence and conciliation as alternatives to the use of force. for the development of its activities, the national police force shall coordinate its duties with the different levels of decentralized autonomous governments. section 4. state of exception article 164 the president of the republic shall be entitled to decree a state of exception throughout the country's territory or in part of this territory in the event of aggression, international or domestic armed conflict, severe domestic unrest, public calamity or natural disaster. the declaration of a state of exception shall not interrupt the activities of the state's duties. the state of exception shall observe the principles of needs, proportionality, legality, temporariness, territoriality and reasonableness. the decree establishing the state of exception shall indicate its cause and motivation, territorial scope of application, period of duration, measures that must be applied, the rights that can be suspended or restricted and the notifications that correspond, in accordance with the constitution and international treaties. article 165 during the state of exception, the president of the republic can only suspend or limit the exercise of the right to the inviolability of domicile, inviolability of correspondence, freedom of movement, freedom to associate and assemble, and freedom of information, under the terms set forth by the constitution. once the state of exception has been declared, the president of the republic can: decree the advanced collection of taxes. use public funds allocated for other purposes, except those for health and education transfer the seat of government to anyplace of the country's territory. order prior censorship of information in the media strictly with respect to the reasons for the state of exception and the security of the state. establish all or part of the country's territory as a security zone. order the use of the armed forces and the national police force and call to active duty the entire reserve forces or part of them, as well as staff from other institutions. order the closing or enabling of seaports, airports, and border passes. order the mobilization and requisitions that might be needed and decree national demobilization when normal conditions are restored. article 166 the president of the republic shall notify the national assembly, the constitutional court, and the relevant international organizations of the state of exception within forty-eight (48) hours after the signing of the corresponding decree. if circumstances justify it, the national assembly will be entitled to repeal the decree at any time, without detriment to any ruling about its constitutional validity that might be issued by the constitutional court. the decree of a state of exception shall be in force for up to a maximum period of 60 days. if the grounds for the decree persist, it can be renewed for up to 30 additional days, which must be notified. if the president of the republic does not renew the decree of the state of exception or does not notify it, it shall be understood to have expired. when the causes motivating the state of exception disappear, the president of the republic shall decree its termination and shall immediate notify this, with the corresponding report. public servants shall be responsible for any abuse that might have been committed in the exercise of their powers while the state of exception was in force. chapter 4. judicial and indigenous justice branch of government section 1. principles for the administration of justice article 167 the power to administer justice comes from the people and is exercised by the bodies of the judicial branch of government and by the other bodies and functions provided for by the constitution. article 168 the administration of justice, in compliance with its duties and in the exercise of its attributions, shall apply the following principles: the bodies of the judicial branch shall benefit from both internal and external independence. any breach of this principle shall entail administrative, civil, and criminal liability, in accordance with the law. the judicial branch shall benefit from administrative, economic and financial autonomy. by virtue of the jurisdictional unity, no authorities of the other branches of government shall be able to perform duties for the ordinary administration of justice, without detriment to the jurisdictional powers recognized by the constitution. access to the administration of justice shall be free of charge. the law shall set the structure for court costs. in all of their phases, the trials and their decisions shall be public, except for those cases expressly indicated in the law. formal procedures for conducting proceedings in all matters, instances, stages and steps shall be carried out using the verbal system, in accordance with the principles of consolidation, cross-examination, and provision. article 169 the procedural system is a means to carry out justice. the procedural standards shall embody the principles of simplification, consistency, effectiveness, immediacy, swiftness and procedural economy and shall ensure the effectiveness of the guarantees for due process of law. justice shall not be sacrificed because of the sole omission of formalities. article 170 for admittance to the judicial branch, the criteria of equality, equity, rectitude, competitiveness, merits, publicity, challenge and public participation shall be observed. the judiciary career stream is recognized and guaranteed in regular justice. professional development shall be guaranteed by continuous training and periodic evaluation of the performance of public servants of the judiciary, as indispensable conditions for promotion and permanence in the judiciary career stream. section 2. indigenous justice article 171 the authorities of the indigenous communities, peoples, and nations shall perform jurisdictional duties, on the basis of their ancestral traditions and their own system of law, within their own territories, with a guarantee for the participation of, and decision-making by, women. the authorities shall apply their own standards and procedures for the settlement of internal disputes, as long as they are not contrary to the constitution and human rights enshrined in international instruments. the state shall guarantee that the decisions of indigenous jurisdiction are observed by public institutions and authorities. these decisions shall be subject to monitoring of their constitutionality. the law shall establish the mechanisms for coordination and cooperation between indigenous jurisdiction and regular jurisdiction. section 3. principles of the judicial branch article 172 judges shall administer justice subject to the constitution, international human rights instruments and the law. the public servants of the judiciary, which include judges and other operators of justice, shall apply the principle of due diligence in the processes of administering justice. the judges shall be responsible for damages to the parties as result of delays, neglect, denial of justice, and lawbreaking. article 173 administrative acts by any state authority can be challenged, both by administrative proceedings and with the bodies corresponding to the judicial branch. article 174 public servants of the judiciary cannot practice as attorneys-at-law or hold any other public or private employment, except university teaching outside office hours. procedural bad faith, wrongful or hasty litigation, the generation of obstacles or procedural delays shall be punishable by law. judges cannot hold any executive office in political parties and movements or participate as candidates in elections by universal suffrage or carry out activities of political or religious solicitation. article 175 children and adolescents shall be subject to specialized legislation and administration of justice, as well as operators of justice who are duly trained and who shall enforce the principles of the doctrine of integral protection. the specialized administration of justice shall divide competency in the protection of rights and the liability of adolescent lawbreakers. article 176 the requirements and procedures for designating public servants of the judiciary must involve a competitive merit-based examination, subject to challenge and social monitoring; parity between men and women shall be fostered. except for the judges of the national court of justice, the public servants of the judiciary must take a general and special training course and pass theoretical, practical and psychological tests for their admittance to the judiciary service. section 4. organization and functioning article 177 the judicial branch is comprised of jurisdictional bodies, administrative bodies, support bodies and autonomous bodies. the law shall determine its structure, duties, attributions, competencies and all that is needed for the adequate administration of justice. article 178 the jurisdictional bodies, without detriment to the other bodies with equal powers recognized in the constitution, are those in charge of administering justice and they shall be as follows: the national court of justice. the provincial courts of justice. the courts and tribunals provided for by law. the justices of the peace. the judiciary council is the body for the governance, administration, surveillance and discipline of the judicial branch. the judicial branch shall have as support bodies the notary service, the judiciary auctioneers, the judiciary custodians, and others provided for by law. the office of the attorney for the defense of the people and the attorney-general's office are the autonomous bodies of the judicial branch. the law shall provide for the organization, scope of competency, auctioning and judiciary bodies of the judicial branch, and everything that is needed for the adequate administration of justice. section 5. judiciary council article 179 the judiciary council shall be comprised of 5 delegates and their respective deputies (substitutes). nominations of such delegates and their deputies shall be made by the president of the national court of justice, whose representative will be president of the council, by the attorney general of the state, by the ombudsman, by the executive branch and by the national assembly. the council for public participation and social control shall approve such nominations, through a public scrutiny (transparent) process subject to citizen oversight and a right by the citizens to challenge such process. the council for public participation and social control will determine procedure, terms and other elements of the process. the term of both regular members and deputies (substitutes) of the judiciary council shall be six years. the judiciary council shall report its annual activities before the national assembly, who will have the power to monitor and judge the judiciary council members. article 180 the members shall meet the following requirements: be an ecuadorian national and in possession of political rights. hold a university degree in law, legally recognized in the country and in the academic sectors related to the council's inherent duties and legally accredited. having practiced with notable rectitude and propriety the profession of attorney or university instructor in law or in subjects related to the council's inherent duties, for a period of at least ten years. article 181 in addition to those powers established by law, the judiciary council shall also be empowered to: define and implement policies for the improvement and modernization of the judicial system. be informed of and approve the draft of the judiciaryâ��s budget, with the exception of the autonomous bodies. to direct the selection process for judges and other public officers of the judiciary, as well as their evaluation, promotion and sanctioning. all processes shall be public and decisions shall be reasoned. to administer the judicial career and professionalization, and organize and manage schools for judicial training. to monitor the transparency and efficiency of the judiciary. the judiciary councilâ��s decisions shall require a simple majority approval. section 6. regular justice article 182 the national court of justice shall be comprised of twenty-one (21) judges, who shall be organized in specialized courts and shall be designated for a nine-year term of office. they cannot be reelected and a third of them shall be renewed every three years. they shall leave their office in accordance with the law. the judges of the national court of justice shall elect, from among its members, the chief justice, who shall be representing the judicial branch and shall have a three-year term of office. in each court, a chief justice shall be elected for a one-year term. there shall be alternate judges who shall be part of the judicial branch and who shall be selected on the basis of the same processes and shall have the same responsibilities and be subject to the same system of incompatibilities as those of the standing judges. the national court of justice shall have jurisdiction over the country's entire territory and its seat shall be in quito. article 183 to be judge of the national court of justice, in addition to the requirements of propriety provided for by law, the following is required: be an ecuadorian national and in possession of political rights. hold a university degree in law legally recognized in the country. having practiced with notable rectitude the profession of attorney, judge or university instructor in law, for a period of at least ten years. the judges of the national court of justice shall be elected by the judiciary council in conformity with a procedure entailing a competitive merit-based examination, subject to challenge and social monitoring. parity between men and women shall be fostered. article 184 the national court of justice's duties, in addition to those provided for by law, shall be the following: to hear appeals for cassation, review and others provided for by law. to develop the system of case law precedents based on triple reiteration rulings. to hear cases that are filed against public servants who benefit from immunity. to submit bills concerning the system to administer justice. article 185 the sentences issued by the specialized courts of the national court of justice that repeat on three occasions the same ruling on the same point, shall obligatorily refer the decision to the plenary of the court so that the latter can deliberate and decide, within sixty (60) days at the most, on whether they agree. if within that term no ruling is made or the previous decision is ratified, this opinion shall constitute a mandatory part of case law. the judge responsible for drafting the opinion for each sentence shall be designated by the drawing of lots and must observe the mandatory case law set as a precedent. to change the mandatory case law criterion, the judge responsible for drafting the opinion shall base the decision on substantive legal grounds justifying the change, and his/her decision must be approved unanimous^ by the court. article 186 in every province, there shall be a provincial court of justice comprised of the number of judges deemed necessary to process the cases coming from law firms, free professional practice of law, and university faculty. the judges shall be organized in specialized courts in the fields corresponding to those of the national court of justice. the judiciary council shall determine the number of courts and justice tribunals that are necessary, in keeping with the needs of the population. in each canton, there shall be at least one judge specializing in the family, children, and adolescents and one judge specializing in adolescent offenders, in accordance with the needs of the population. in the localities where there is a social rehabilitation center, there shall be at least one judge on penitentiary guarantees. article 187 the public servants of the judiciary shall be entitled to remain in their posts as long as there are no legal grounds for dismissing them; they shall be subject to individual and periodic evaluation of their performance in line with the technical parameters drawn up by the judiciary council and subject to social control those who do not comply with minimum requirements shall be dismissed. article 188 in compliance with the principle of jurisdictional unity, the members of the armed forces and the national police force shall be charged and tried by regular justice. misconducts of a disciplinary or administrative nature shall be subject to their own procedural standards. for reasons of hierarchical ranking and administrative liability, the law shall govern cases of immunity from prosecution. section 7. justices of the peace article 189 justices of the peace shall settle matters in a framework of equity and shall have the exclusive and mandatory competence to hear those individual, community, and district conflicts and infringements that are brought to their jurisdiction, in conformity with the law. in no case can they order the arrest and imprisonment of a person nor can they prevail over indigenous justice. justices of the peace shall use mechanisms of conciliation, dialogue, friendly settlement, and others practiced by the community to adopt their resolutions, which shall guarantee and observe the rights recognized by the constitution. sponsorship of an attorney shall not be necessary. the justices of the peace must have their permanent domicile in the place where they exercise jurisdiction and must have the respect, consideration and support of the community. they shall be elected by their community, by means of a process whose responsibility pertains to the judiciary council and they shall remain in office until the community itself decides to remove them from office, in accordance with the law. to be a justice of the peace, it is not necessary to be a professional in law. section 8. alternative means of dispute settlement article 190 arbitration, mediation and other alternative procedures for dispute settlement are recognized. these procedures shall be applied subject to the law in those areas where, because of their nature, compromises can be reached. in public bidding processes, legal arbitration shall be accepted after a favorable ruling by the attorney-general's office, in conformity with conditions provided for by law. section 9. office of the attorney for the defense of the people article 191 the office of the attorney for the defense of the people is an autonomous body of the judicial branch, aimed at guaranteeing full and equal access to justice by persons who, because of their situation of defenselessness or economic, social, or cultural status, cannot hire legal defense services for the protection of their rights. the office of the attorney for the defense of the people shall provide technical, timely, efficient, effective and free-of-charge legal services to support and legally advise the rights of persons in all matters and institutions. the office of the attorney for the defense of the people is indivisible and shall function as a decentralized entity with administrative, economic, and financial autonomy, it shall be represented by the attorney for the defense of the people and shall benefit from human and material resources and labor conditions that are equivalent to those of the attorney-general's office. article 192 the attorney for the defense of the people shall meet the following requirements: be an ecuadorian national and in possession of political rights. hold a university law degree, legally recognized in the country and be knowledgeable in administrative management. having practiced with notable rectitude and propriety the profession of attorney, judge or university instructor for a period of no less than ten years. the attorney for the defense of the people shall perform his/her duties for six years and cannot be reelected and every year shall submit a report to the national assembly. article 193 the schools of jurisprudence, law or legal science of the universities shall organized and maintain services for the defense and legal counseling of persons of limited economic resources and groups who require priority attention. so that other organizations can provide this service, they must be accredited and evaluated by the office of the attorney for the defense of the people. section 10. attorney-general's office article 194 the attorney-general's office is an autonomous body of the judicial branch; it is one single indivisible body and shall function as a decentralized body and shall enjoy administrative, economic, and financial autonomy. the attorney-general is its supreme authority and legal representative and shall act in accordance with constitutional principles, rights, and guarantees of due process of law. article 195 the attorney-general's office shall conduct, by virtue of its office or at the request of a party, pretrial inquiries and criminal proceedings; during the proceedings it shall exercise public action subject to the principles of timeliness and minimum criminal intervention, with special attention focused on the general welfare and on the rights of the victims. if the case is found to have merits, the attorney-general shall formally charge the alleged offenders before a competent judge and shall promote indictment when substantiating the criminal trial. to perform his/her duties, the attorney-general shall organize and direct a comprehensive specialized system for inquiry, forensic medicine and medical examination, which shall include civil and police investigation staff; shall direct the system for the protection and assistance of victims, witnesses and participants in criminal proceedings; and shall perform the other duties provided for by law. article 196 the attorney-general shall meet the following requirements: be an ecuadorian national and in possession of political rights. hold a university degree in law legally recognized in the country and be knowledgeable about administrative management. having practiced with notable rectitude and propriety the profession of attorney, judge or university instructor in criminal law for a minimum often years. the attorney-general shall perform his/her duties for six years and cannot be reelected, and must submit an annual report to the national assembly. appointment shall be made in accordance with the procedures provided for in the constitution and the law. article 197 the career of public prosecutor is recognized and guaranteed, and its regulations shall be provided by law. professional development on the basis of ongoing training, as well as the periodical evaluation of its servants, shall be indispensable conditions for advancement and permanence in the career stream of public prosecutor. section 11. system for the protection of victims and witnesses article 198 the attorney-general's office shall direct the national system for the protection and assistance of victims, witnesses and other participants in the criminal proceedings, for which it shall coordinate the mandatory participation of public institutions related to the system's interests and objectives and shall articulate the participation of civil society organizations. the system shall be governed by the principles of accessibility, responsibility, complementariness, timeliness, effectiveness, and efficiency. section 12. notary services article 199 notary services are public services. in each canton or metropolitan district there shall be the number of notaries set by the judiciary council the remunerations of notaries, the support staff structure for these services, and the fees that users must pay shall be set by the judiciary council the amounts collected from the rates charged shall be deposited into the general budget of the state as provided for by law. article 200 the notaries are the repositories of public faith; they shall be appointed by the judiciary council after a process of public competitive and merit-based examination, subject to challenge and social control to be a notary, one must hold a university degree in law legally recognized in the country and have practiced with notable rectitude the profession of attorney for no less than three years. notaries shall remain in office for six years and can only be reelected once. the law shall provide for accountability standards and the causes for their dismissal. section 13. social rehabilitation article 201 the social rehabilitation system shall be ultimately aimed at ensuring the integral rehabilitation of the persons sentenced for crimes, for their reinsertion into society, as well as protecting incarcerated persons and guaranteeing their rights. the system's priority is the development of the capabilities of the persons sentenced to exercise their rights and fulfill their responsibilities once they are released. article 202 the system shall guarantee its end purposes by a technical body in charge of evaluating the effectiveness of its policies, administering the incarceration centers, and setting standards for complying with the purposes of the system. the penitentiary centers may be administered by decentralized autonomous governments, in accordance with the law. the board of directors of the social rehabilitation body shall be comprised of representatives from the executive branch and professionals who have been designated in accordance with the law. the president of the republic shall designate the minister of state who shall chair this body. the security, technical, and administrative staff of the social rehabilitation system shall be appointed by the social rehabilitation body, after assessment of their technical, cognitive and psychological conditions. article 203 the system shall be governed by the following guidelines: only those persons punished by imprisonment as a result of a conviction shall remain as inmates of social rehabilitation centers. only social rehabilitation centers and provisional detention centers shall be part of the social rehabilitation system and shall be authorized to hold imprisoned persons. military quarters, police stations or other type of barracks are not authorized as places for imprisonment of the civilian population in social rehabilitation centers and provisional detention centers, plans for education, vocational training, farm production, arts and crafts, and industrial manufacturing, or any other occupational form, mental and physical health and culture and leisure shall be promoted and implemented. judges of penitentiary guarantees shall ensure the rights of incarcerated persons in compliance with their sentence and shall decide upon their modifications. in detention centers, affirmative action measures shall be taken to protect the rights of persons belonging to groups requiring priority care. the state shall establish the conditions for the real social and economic insertion of persons after they have been incarcerated. chapter 5. transparency and social control branch of government section 1. nature and duties article 204 the people are the mandator and prime auditor of public power, in the exercise of their right to participation. the transparency and social control branch of government shall promote and foster monitoring of public entities and bodies and of natural persons or legal entities of the private sector who provide services or carry out activities for the general welfare, so they shall conduct them with responsibility, transparency and equity, it shall foster and encourage public participation; it shall protect the exercise and fulfillment of rights; and it shall prevent and combat corruption. the transparency and social control branch shall be comprised of the council for public participation and social control, the office of the human rights ombudsman, the office of the comptroller general, and the superintendencies. these entities shall have a legal status and administrative, financial, budgetary and organizational autonomy. article 205 the representatives of the entities that are part of the transparency and social control branch shall have jurisdiction of the national court and shall be subject to impeachment by the national assembly. they will exercise their functions for a period of five years, with the exception of the members of the council for public participation and social control, whose mandate will be four years. in the event of impeachment, and if they are removed from office, a new appointment process must be carried out, except for the members of the council for public participation and social control, in which case the corresponding alternate will be appointed until the end of that period. in no case can the legislative branch designate the replacement. its supreme authorities must be ecuadorian nationals who are in possession of their political rights and shall be selected by means of a competitive and merit-based examination with the submittal of candidacies, subject to citizen oversight and challenge. article 206 the standing representatives of the entities of the transparency and social control branch shall establish a coordination body and shall choose, from among themselves every year, the chair of the branch. the following shall be the attributions and duties of the coordination body, in addition to those provided for by law: to draw up public policies for transparency, monitoring, accountability, promotion of public participation and the fight against corruption. to coordinate the plan of action of the entities of the branch, without undermining their autonomy. to articulate the drafting of the national plan for combating corruption. to submit to the national assembly proposals for legal reforms in the framework of its competencies. to report annually to the national assembly about the activities regarding fulfillment of its duties and whenever the latter requests this report. section 2. council for public participation and social control article 207 the council for public participation and social control shall promote and encourage the exercise of the rights involving public participation, shall promote and setup social control mechanisms in matters of general welfare, and shall designate the authorities that pertain to it in accordance with the constitution and the law. the council's structure shall be deconcentrated and shall be in line with the performance of its duties. the council shall be comprised of seven standing council persons and seven alternates. the standing members shall elect from among themselves the chair, who shall be the council's legal representative for a term that shall extend to the middle of his/her term of office. the councilors will be elected by universal, direct, free and secret suffrage every four years coinciding with the elections of the authorities of the decentralized autonomous governments. the regime of their elections will be contemplated in the organic law that regulates their organization and operation. the must be citizens with experience in social organizations, in citizen participation, in the fight against corruption or of recognized prestige that makes evident their civic commitment and defense of the general interest. the councilors may not be affiliates, adherents or leaders of political parties or movements, during the previous five years. article 208 the council for public participation and social control shall have the following duties and attributions, in addition to those provided for by law: to promote public participation, encourage public deliberation processes and foster citizenship training, values, transparency, and the fight against corruption to establish mechanisms for the accountability of public sector institutions and entities and to contribute to citizen oversight and social monitoring processes. to urge the other entities of the branch to act obligatorily on matters that merit intervention in the opinion of the council to investigate reports about deeds or omissions affecting public participation or leading to corruption. to issue reports that point to evidence of liability, to draft the necessary recommendations and to promote the corresponding legal proceedings. to act as a procedural party in cases filed as consequence of its investigations. when a ruling determines that, in the perpetration of crime, there was improper appropriation of resources, the competent authority shall proceed to seize the personal assets of the sentenced party. to contribute to the protection of persons who report deeds of corruption (whistleblowers). to request from any of the entities or officials of state institutions information that it deems necessary for its investigations or proceedings. the persons and institutions shall cooperate with the council and those who refuse to do so shall be punishable by law. to organize the process and oversee the transparency in the implementation of the activities of citizen commissions for the selection of state authorities. to designate the principal authority of the office of the state prosecutor and the superintendencies from among the shortlists proposed by the president of the republic, after the corresponding citizen challenge and oversight process. to designate the principal authority of the office of the human rights ombudsman, the office of the attorney for the defense of the people, the attorney general's office, and the office of the comptroller general, after completing the corresponding selection process. to designate the members of the national electoral council, the electoral dispute settlement court, and the judiciary council, after completing the corresponding selection process. article 209 to perform its duties as designated, the council for public participation and social control shall organize citizen selection commissions, which shall be in charge of conducting, in those cases that pertain to them, the public competitive and merit-based examination with the submittal of candidacies, citizen oversight and the right to challenge by the citizenry. the citizen selection commissions shall be comprised of one delegate for each state branch of government and an identical number of representatives for social organizations and the citizenry, chosen by the public drawing of lots from among those submitting their candidacies and meeting the requirements provided for by the council and the law. the candidates shall be subject to public scrutiny and citizen challenge. the commissions shall be directed by one of the representatives of the citizenry, who shall have the tie-breaking vote, and its sessions shall be open to the public. article 210 in those cases of selection of an authority by competitive and merit-based examination, the council for public participation and social control shall choose the one who obtains the highest score in the respective examination and shall report this to the national assembly for the respective swearing in office. when dealing with the selection of senior management committees directing state entities, the council shall designate the standing members and alternates, by priority, from among those who obtain the highest scores in the examination. the alternates shall replace the standing members whenever relevant, in compliance with the order of their qualification and designation. those who are holding office shall not be able to submit their candidacies for public competitive and merit-based examinations called to designate their substitutes. conditions of equity and parity between women and men, as well equality of conditions, shall be guaranteed for the participation of ecuadorians living abroad. section 3. office of the comptroller general article 211 the office of the comptroller general is a technical body in charge of monitoring use of state resources and private-law legal entities that dispose of government resources. article 212 the following shall be the duties of the office of the comptroller general, in addition to those provided for by law: to direct the administrative surveillance system, comprised of internal auditing, external auditing and internal monitoring of public sector institutions and those private-sector entities that dispose of government resources to determine administrative and civil liabilities of neglect and gather evidence of criminal liability, related to those aspects subject to its control, without detriment to the duties that, in this matter, pertain to the attorney-general's office. to issue the rules and regulations for the performance of its duties. to advise the bodies and entities of the state when said advice is requested. section 4. superintendencies article 213 superintendencies are technical bodies of surveillance, auditing, intervention, and monitoring of economic, social, and environmental activities and of the services provided by public and private entities, for the purpose of ensuring that these activities and services comply with the provisions of the legal system and work for the general welfare. superintendencies act by virtue of their office or at the request of the citizenry. the specific powers of the superintendencies and the areas that require monitoring, auditing, and surveillance of each one of them shall be determined in accordance with the law. the superintendencies shall be led and represented by superintendents. the law shall set the requirements that must be met by those who wish to be at the head of these institutions. the superintendents shall be appointed by the council for public participation and social control from a shortlist that shall be sent by the president of the republic, drawn up on the basis of criteria of special skills and merits and subject to public scrutiny and the right to challenge by citizens. section 5. office of the human rights ombudsman article 214 the office of the human rights ombudsman shall be a body governed by public law with national jurisdiction, legal status and administrative and financial autonomy. its structure shall be deconcentrated and it shall have delegates in each province and abroad. article 215 the office of the human rights ombudsman shall have as its duties the protection and guardianship of the rights of the inhabitants of ecuador and the defense of the rights of ecuadorian nationals living abroad. it shall have the following attributions, in addition to those provided for by law: to support, by virtue of its office or at the request of a party, the actions of protection, habeas corpus, access to public information, habeas data, noncompliance, citizen action and complaints for poor quality or improper provision of public or private services. to issue measures of mandatory and immediate compliance for the protection of rights and to request trial and punishment from the competent authority for their violations. to investigate and rule, in the framework of its attributions, on the deeds or omissions of natural persons or legal entities that provide public services. to exercise and promote surveillance of due process of law and to immediately prevent and stop all forms of cruel, inhumane and degrading treatment. article 216 to be designated as human rights ombudsman, one must meet the same requirements as those stipulated for judges of the national court of justice and demonstrate wide-ranging experience in defending human rights. the human rights ombudsman shall be immune from prosecution in the national court of justice and shall benefit from the privilege of immunity in accordance with the terms provided for by law. chapter 6. electoral branch of government article 217 the electoral branch of government shall guarantee the exercise of political rights as expressed by voting, as well as those referring to the political organization of the citizenry. the electoral branch shall be comprised of the national electoral council and the electoral dispute settlement court. both bodies shall have their seat in quito and shall have national jurisdiction, administrative, financial, and organizational autonomy, and their own legal status. they shall be governed by the principles of autonomy, independence, publicity, transparency, equity, interculturalism, gender equality, swiftness and rectitude. section 1. national electoral council article 218 the national electoral council shall be comprised of five standing council persons, who shall hold a six-year term of office. the council shall be partially renewed every three years, two members the first time, three the second time, and so on there shall be five alternate council persons who shall be renewed using the same approach as the one for the standing members. the chair and vice-chair shall be elected from among its standing members and shall hold a three-year term of office. the chair of the national electoral council shall be the representative of the electoral branch. the law shall determine the organization, functioning and jurisdiction of the deconcentrated electoral bodies, which shall be temporary in nature. to be a member of the national electoral council, one must be an ecuadorian national and in possession of political rights. article 219 the national electoral council shall have the following duties, in addition to those stipulated by law: to organize, direct, oversee, and guarantee, in a transparent fashion, electoral processes, call for the holding of elections, carry out the calculations for elections, announce electoral results, and swear into office those persons winning elections. to designate the members of deconcentrated electoral bodies. to control electoral campaign advertising and spending, to hear and rule on accounts submitted by political organizations and candidates. to guarantee the transparency and legality of the internal electoral processes of political organizations and any others stipulated by law. to submit proposals for legislative initiatives on the scope of competence of the electoral branch, in compliance with what is suggested by the electoral dispute settlement court. to regulate the legal system governing matters under their jurisdiction. to determine its organization and draw up and implement its budget. to keep a permanent record of political organizations and their executive boards and to check registration processes. to ensure that political organizations observe the law, its regulations and bylaws. to implement, administer and control state funding of electoral campaigns and the fund for political organizations. to hear and resolve administrative challenges and complaints on the resolutions taken by deconcentrated bodies during electoral processes and to impose the corresponding sanctions. to organize and draw up the voter registration list for the country and abroad in coordination with the vital statistics office (civil registry). to organize the functioning of a political-electoral research, training and promotion institute. section 2. electoral dispute settlement court article 220 the electoral dispute settlement court shall be comprised of five standing members, who shall hold a six-year term of office. the electoral dispute settlement court shall be partially renewed every three years, two members the first time, three the second time, and so on. there shall be five alternate members who shall be renewed in the same way as the standing members. the chief justice and deputy chief justice of the court shall be chosen from among its standing members and shall hold a three-year term of office. to be a member of the electoral dispute settlement court, one must be an ecuadorian citizen, be in possession of political rights, hold a university degree in law that is legally recognized in the country and to have practiced with notable rectitude the profession of attorney-at-law, as member of the judiciary, or university instructor in law for a minimum often years. article 221 the electoral dispute settlement court has the following attributions, in addition to those provided for by law: to hear and resolve electoral appeals against actions taken by the national electoral council and the deconcentrated bodies and the litigation matters of political organizations. to punish for failure to comply with the rules governing funding, political campaigning, electoral spending, and in general for infringing electoral regulations. to determine its organization and draw up and implement its budget. its decisions and resolutions shall constitute electoral case law, shall be the appeal of last resort and shall require immediate compliance. section 3. common standards for political and social monitoring article 222 the members of the national electoral council and the electoral dispute settlement court shall be subject to impeachment for failure to perform their duties and fulfill their responsibilities as set forth in the constitution and in the law. the legislative branch shall not be able to appoint replacements for persons removed from office. article 223 the electoral bodies shall be subject to social monitoring; political organizations and candidacies shall be guaranteed the power to monitor and oversee the work of electoral bodies. the ceremonies and sessions of electoral bodies shall be open to the public. article 224 the members of the national electoral council and the electoral dispute settlement court shall be designated by the council for public participation and social control, after selection by a competitive and merit-based examination, with candidacies submitted by the citizenry and citizen right to challenge, as well as the guarantee of equity and parity between men and women, in accordance with the law. chapter 7. public administration section 1. public sector article 225 the public sector is comprised of the following: the bodies and agencies of the executive, legislative, judicial, electoral and transparency and social control branches of government. the institutions that comprise the decentralized autonomous system of government. the bodies and institutions created by the constitution or by law to exercise the powers of the state, to provide public services or to carry out economic activities entrusted to the state. the legal entities created by regulatory acts issued by the decentralized autonomous governments for the provision of public services. article 226 state institutions, bodies, agencies, public servants and persons who act by virtue of a state power granted to them shall perform only those duties and wield those powers that are given to them by the constitution and the law. they will have to coordinate actions for the fulfillment of their purposes and enforce the enjoyment and exercise of the rights recognized in the constitution. section 2. public administration article 227 public administration shall constitute a service aimed at the common welfare of the public and shall be governed by the principles of effectiveness, efficiency, quality, hierarchical structure, deconcentration, decentralization, coordination, participation, planning, transparency, and evaluation. article 228 admittance into public service, advancement and promotion in the administrative career stream shall be by competitive merit-based examination, as provided for by law, except for public servants who are elected by universal suffrage or whose appointment and recall are discretionary. failure to observe the above shall lead to dismissal of the appointed authority. section 3. public servants article 229 public servants shall consist of all those persons who in any way or under any category, provide services or hold an office, function, or dignity in the public sector. the rights of public servants cannot be waived. the law shall determine the executive body in charge of human resources and remuneration for the entire public sector and shall regulate admittance, advancement, promotion, incentives, disciplinary system, job security, salary scale and termination of duties of its employees. remuneration of public servants shall be fair and equitable, in line with their respective duties, and shall take into account their professional development, training, responsibility, and experience. article 230 in the exercise of public office, the following is forbidden, in addition to what is provided by law: to hold more than one public office at the same time, except in the case of university teaching, as long as one's schedule allows its. nepotism. actions of discrimination of any kind. article 231 civil servants shall present, without exception, at the beginning and end of their term of office and according to the periodicity set by law, a sworn statement regarding their net worth, which shall include both their assets and liabilities, as well as the authorization, if necessary, to lift the secrecy of their bank accounts; whoever tails to comply with this requirement shall not be sworn into office. the members of the armed forces and the national police force shall submit an additional statement of net worth, prior to being promoted and retiring. the office of the comptroller general shall examine and crosscheck the statements and shall investigate those cases where illicit enrichment is alleged. the failure to submit this statement at the end of one's term of office or any unsubstantiated inconsistency between the statements shall lead to the presumption of illicit enrichment. when there is severe evidence of cover-ups or use of fronts, the office of the comptroller general will be able to request similar statements from third parties linked to the person holding or having held public office. article 232 those who have vested interests in those areas that they shall be monitoring or regulating or who represent those who have these vested interests cannot be public officials or members of the board of directors of institutions that perform state control or regulatory powers. public servants shall refrain from acting in those cases where their vested interests clash with those of the body or institution where they are providing their services. article 233 no public servant shall be exempt from being held accountable for his/her actions in the performance of his/her duties or for his/her omissions and shall be held liable administratively, civilly, and criminally for the management and administration of public funds, assets or resources. public servants and the delegates or representatives of the senior management committees of state institutions shall be subject to the sanctions established for the offenses of embezzlement, bribery, extortion and illicit enrichment. the proceedings to prosecute them and the corresponding penalties shall not be subject to any statute of limitations and, in these cases, the trials shall begin and even continue in the absence of the persons charged. these norms shall also be applicable to those who participate in these offenses even when they do not have the above-mentioned qualities. persons against whom there is an enforceable conviction for the crimes of embezzlement, illicit enrichment, extortion, bribery, influence peddling, offer to carry out influence peddling, and acting as a figurehead [testaferrismo]; as well as, money laundering, illicit association, and organized crime related to acts of corruption, will be prevented from being candidates for popularly elected positions, from contracting with the state, from performing public jobs or positions and will lose their participation rights established in the present constitution. article 234 the state shall guarantee the continuing education and training of public servants by means of schools, institutions, academies and public sector education or training programs, and coordination with national and international institutions that function on the basis of agreements with the state. section 4. office of the state prosecutor article 235 the office of the state prosecutor is a public, technical, and legal body, with administrative, budgetary, and financial autonomy, directed and represented by the state prosecutor, who is appointed for a four-year term. article 236 the council for public participation and social control shall appoint the state prosecutor from a shortlist of candidates submitted by the office of the president of the republic. the shortlist shall be drawn up on the basis of criteria of specialized skills and merits and shall be subject to public scrutiny and right to citizen challenge; whoever is included on the list must meet the requirements stipulated for being members of the constitutional court. article 237 the following duties shall be performed by the state prosecutor, in addition to others provided by law: to represent the state in the judiciary. to defend the state and its institutions. to provide legal counsel and binding responses to legal queries from public sector bodies and institutions on the interpretation and application of the law, on those issues where the constitution or the law does not grant competencies to other authorities or bodies. to monitor, subject to the law, the documents and contracts signed by public sector bodies and institutions. title v. territorial organization of the state chapter 1. general principles article 238 decentralized autonomous governments shall have political, administrative and financial autonomy and shall be governed by the principles of solidarity, subsidiarity, inter-territorial equity, integration and public participation under no circumstances shall the exercise of autonomy allow for secession from the national territory. decentralized autonomous governments encompass rural parish boards, municipal councils, metropolitan councils, provincial councils and regional councils. article 239 the system of decentralized autonomous governments shall be governed by the respective law, which shall set forth a national system of competencies, of a mandatory and progressive nature, and shall define the policies and mechanisms for compensating territorial disparities in the development process. article 240 the decentralized autonomous governments of the regions, metropolitan districts, provinces and cantons shall have law-making powers within the scope of their competences and territorial jurisdictions. rural parish boards shall have regulation-making powers. all the decentralized autonomous governments shall exercise executive powers within the scope of their competences and territorial jurisdictions. article 241 planning shall underpin territorial management and shall be mandatory for all decentralized autonomous governments. chapter 2. organization of the territory article 242 the state is territorially organized into regions, provinces, cantons and rural parishes. special systems may be established for reasons of environmental conservation, or ethnic-cultural or population factors. autonomous metropolitan districts, the province of galapagos, and indigenous and pluricultural territorial districts shall constitute special systems. article 243 two or more adjacent regions, provinces, cantons or parishes may come together and form community unions, with the aim of improving the management of their competences and enhancing their integration processes. their creation, structure and administration shall be regulated by law. article 244 two or more provinces with territorial continuity, a regional surface of over twenty thousand (20,000) square kilometers and a joint number of inhabitants accounting for over five percent (5%) of the country's population shall constitute autonomous regions pursuant to the law. inter-regional equilibrium, historical and cultural affinity, ecological complementariness and integrated watershed management shall thus be sought. the law shall create economic and other incentives to encourage provinces to constitute regions. article 245 the initiative of constituting an autonomous region shall be the responsibility of provincial governments, which shall draw up a regionalization bill proposing the territorial formation of the new region, along with draft regional autonomy bylaws. the national assembly shall approve the bill within one hundred and twenty (120) days at the latest; should it fail to announce its decision thereon within these time-limits, the bill shall be considered passed. the national assembly shall require the votes of two thirds of its members to reject or shelve the bill. the proposed bylaws shall be submitted to the constitutional court to rule whether they violate or not the constitution. the respective ruling shall be issued within a maximum of forty-five (45) days; should it not be issued within this period, the ruling shall be taken as favorable. following the favorable ruling from the constitutional court and the passing of the bill for the organic law, the inhabitants of the provinces comprising the potential region shall be called to vote in a referendum to take position on the regional bylaws. if the referendum is passed by an absolute majority of valid votes cast in each province, the law and its bylaws shall enter into force, and regional elections shall be called in the ensuring forty-five (45) days to appoint the respective authorities and representatives. article 246 the passed bylaws shall form the basic institutional regulations of the region and shall establish the name, symbols and principles thereof, along with the institutions and seat of the regional government. said bylaws shall specify the assets, revenue and resources of the regional government, as well as the duties it shall initially perform. amendments to the bylaws shall be made pursuant to the process established therein and shall require a favorable ruling from the constitutional court. article 247 a canton or group of adjacent cantons containing conurbations, with a number of inhabitants accounting for over seven percent (7%) of the country's population, may form a metropolitan district. cantons interested in forming a metropolitan district shall follow the same procedure kid down for the formation of regions. the canton councils shall draw up a proposal containing a bill and proposed bylaws for the autonomy of the metropolitan district. metropolitan districts shall coordinate the action of their administration with the provinces and regions surrounding them. the bylaws of the metropolitan district shall fulfill the same conditions as the bylaws of the regions. article 248 communities, communes, precincts, neighborhoods and urban parishes are recognized. the law shall regulate the existence thereof so that they may be considered basic units of participation in the decentralized autonomous governments and the national planning system. article 249 cantons whose territories are wholly or partially within a forty-kilometer border belt shall receive preferential attention for consolidating a culture of peace and socio-economic development, through integrated policies safeguarding sovereignty, natural biodiversity and interculturalism. the law shall regulate and guarantee enforcement of these rights. article 250 the territory of the amazon provinces is part of an ecosystem that is necessary for the planet's environmental balance of the planet. this territory shall constitute a special territorial district, for which there will be integrated planning embodied in a law including social, economic, environmental and cultural aspects, with land use development and planning that ensures the conservation and protection of its ecosystems and the principle of sumak kawsay (the good way of living). chapter 3. decentralized autonomous governments and special systems article 251 each autonomous region shall elect by ballot its regional council and its regional governor, who shall chair said council and cast the tie-breaking vote. regional council persons shall be elected in proportion to the urban and rural population for a four-year term of office, and a deputy governor shall be elected from among said councilors. each regional government shall establish in its bylaws the public participation mechanisms provided for by the constitution article 252 each province shall have a provincial council with its seat in the capital of the respective province. said council shall be comprised of a prefect and a deputy prefect, elected by universal suffrage in the province; mayors or council persons representing the cantons; and representatives elected from among the heads of rural parish boards, pursuant to the law. the prefect shall be the highest administrative authority and shall chair the council with a tie-breaking vote. in case of the temporary or permanent absence of the prefect, the latter shall be replaced by the person holding the office of deputy prefect, elected by universal suffrage in the province jointly with the prefect. article 253 each canton shall have a canton council, comprised of the mayor and council persons elected by universal suffrage in the canton; a deputy mayor shall be chosen from among said council persons. the mayor shall be the highest administrative authority of the council and shall chair the council and cast the tie-breaking vote. the urban and rural population of the canton shall be proportionately represented on the council, in the terms established by law. article 254 each autonomous metropolitan district shall have a council elected by universal suffrage in the district. the metropolitan mayor shall be the highest administrative authority thereof and shall chair the council with the tie-breaking vote. autonomous metropolitan districts shall set up systems allowing them to operate on a decentralized or deconcentrated basis. article 255 each rural parish shall have a parish board comprised of members elected by universal suffrage in the parish; the member with the most votes shall chair the board. the structure, powers and responsibilities of the parish boards shall be laid down in the law. article 256 those holding the office of territorial governor and metropolitan mayor shall be members of territorial consultation cabinet, which shall be periodically convened by the presidency of the republic. article 257 within the framework of politicaladministrative organization, indigenous or afro-ecuadorian territorial districts may be formed. these shall have jurisdiction over the respective autonomous territorial government and shall be governed by the principles of interculturalism and plurinationalism, and in accordance with collective rights. parishes, cantons and provinces comprised in their majority of indigenous, afro-ecuadorian, coastal backcountry (montubio) or ancestral communities, peoples or nations may take up this special administration system following a referendum passed by at least two thirds of the valid votes. two or more districts administered by indigenous or pluricultural territorial governments may integrate and form a new district. the law shall set forth the rules for the structure, operation and competences of such districts. article 258 the province of galapagos shall have a special system of government. its planning and development shall be organized on the basis of strict adherence to the principles of conservation of the natural heritage of the state and the good way of living, pursuant to the law. the province shall be administered by a governing council chaired by the representative of the office of the president of the republic and comprised of mayors of the municipalities of the province of galapagos, the representative of the parish boards and the representatives of the bodies stipulated in the law. said governing council shall be responsible for planning, managing the resources and organizing the activities carried out in the province. the law shall state which body shall act as technical secretariat. for the protection of the special district of galapagos, the rights to internal migration, work or any other activity, whether public or private, which might affect the environment, shall be restricted. with regard to land use development and planning, the governing council shall issue policies in coordination with the municipalities and parish boards, which shall carry them out. people who are permanent residents and are affected by the restriction of rights shall have preferential access to natural resources and environmental^ sustainable activities. article 259 with the aim of safeguarding the biodiversity of the amazon ecosystem, the central state and decentralized autonomous governments shall adopt sustainable development policies which shall also onset disparities in their development and consolidate sovereignty. chapter 4. system of jurisdictions article 260 the exercise of exclusive jurisdictions shall not exclude the simultaneous exercise, by different levels of government, of ensuring the provision of public services and activities of cooperation and complementariness. article 261 the central state shall have exclusive jurisdiction over: national defense, domestic security and public law and order. international relations. the registration of persons, naturalization of foreigners and immigration control national planning. economic, tax, customs, and tariff policies; fiscal and monetary policies, foreign trade and debt. policies on education, health, social security and housing. to plan, build and maintain the physical infrastructure and the facilities for education and health. protected natural areas and natural resources. management of natural disasters. measures to be taken as a result of international treaties. the radio spectrum and the general system of communications and telecommunications; seaports and airports. energy resources; minerals, oil and gas, and water resources, biodiversity and forest resources. the control and administration of national state enterprises. article 262 autonomous regional governments shall have the following exclusive jurisdictions, without detriment to others established by the law regulating the national system of jurisdictions: to plan regional development and draw up the respective plans for land use development and management in coordination with national, provincial, canton and parish planning. to secure watershed management and foster the creation of watershed councils, pursuant to the law. to plan, regulate and control regional and canton traffic and transportation, if this activity is not carried out by municipalities. to plan, build and maintain the road network within the scope of the region. to grant legal status to social organizations of a regional nature, and to regulate and control said organizations. to establish the policies for research and the innovation of knowledge, development and the transfer of technology, as necessary for regional development, within the framework of national planning. to stimulate regional production activities. to foster regional food security. to secure international cooperation for the fulfillment of their competences. within the scope of these exclusive jurisdictions, and in the exercise of their powers, they shall issue regional rules and regulations. article 263 provincial governments shall have the following exclusive jurisdictions, without detriment to others as established by law: to plan provincial development and draw up the respective land use development and management plans in coordination with national, regional, canton and parish planning. to plan, build and maintain the road network within the scope of the province, not including urban zones. in coordination with the regional government, to execute works in watersheds and micro watersheds. provincial environmental management. to plan, build, operate and maintain irrigation systems. to foster the farm and livestock activities. to foster provincial production activities. to secure international cooperation for the fulfillment of their competences. within the scope of their jurisdictions and territory, and in the exercise of their powers, they shall issue provincial ordinances. article 264 municipal governments shall have the following exclusive jurisdictions, without detriment to others as established by law: to plan canton development and draw up the respective land use development and management plans in coordination with national, regional, provincial and parish planning, with the aim of regulating the urban and rural land use and occupation. to exercise control over land use and occupation in the canton to plan, build and maintain the urban road network. to provide the public services of drinking water, sewerage, wastewater treatment, solid waste management, environmental remediation and other services as established by law. to levy, amend or eliminate taxes and special contributions for improvements by means of through ordinances. to plan, regulate and control the traffic and public transportation within its canton territory. to plan, build and maintain the physical infrastructure and facilities of public spaces aimed at social, cultural and sports pursuits, pursuant to the law. with prior authorization from the entity in charge of public policy, they may build and maintain physical infrastructure and facilities for health and education. to preserve, uphold and promote the canton's architectural, cultural and natural heritage, and to establish public spaces for these purposes. to create and administer urban and rural land registries (cadastres). to mark out, regulate, authorize and control the use of sea beaches, the banks and beds of rivers, lakes and ponds, without detriment to the limitations provided for by law. to protect and ensure effective access of people to the use of sea beaches and the banks of rivers, lakes and ponds. to regulate, authorize and control the exploitation of sandy, stony and rocky material found on the beds of rivers and lakes, on sea beaches and in quarries. to manage the services of prevention, protection, rescue and extinguishing in case of fire. to secure international cooperation for the fulfillment of their competences. within the scope of their jurisdictions and territory, and in the exercise of their powers, they shall issue canton ordinances. article 265 the public system for the registry of real estate property shall be managed simultaneously by the executive and municipalities. article 266 the governments of autonomous metropolitan districts shall carry out activities under the jurisdiction of canton governments and all those applicable to the provincial and regional governments, without detriment to additional jurisdictions as established by the law regulating the national jurisdiction system. within the scope of their jurisdictions and territory, and in the exercise of their powers, they shall issue district ordinances. article 267 rural parish governments shall carry out the following activities under its exclusive jurisdiction, without detriment to others as established by law: to plan parish development and its respective land use development and management, in coordination with the canton and provincial government. to plan, build and maintain the physical infrastructure, facilities and public spaces of the parish, as provided for in development plans and included in annual participatory budgets. to plan and maintain the rural parish road network, in coordination with provincial governments. to encourage the development of community production, the conservation of biodiversity and the protection of the environment. to procure, coordinate and administer public services as delegated to them or decentralized by other government levels. to promote the organization of the citizens of the communes, precincts and other rural settlements, in the form of grassroots territorial organizations. to secure international cooperation for the fulfillment of their competences. to oversee the implementation of projects and the quality of public services. within the scope of their jurisdiction and territory, and in the exercise of their powers, they shall issue agreements and resolutions. article 268 the law shall determine exceptional cases, along with the procedures and forms of control, in which, due to the omission or defective performance of a duty pertaining to a jurisdiction, intervention may be permitted in said jurisdiction of a decentralized autonomous government, on a temporary and subsidiary basis, until the cause prompting the intervention has been settled. article 269 the national system of jurisdictions shall have a technical body comprised of a representative of each level of government; this body shall have the following duties: to regulate the procedure and maximum time-limits for transferring exclusive jurisdictions, which must be taken up by decentralized autonomous governments on a mandatory and progressive basis. governments that can demonstrate they have operating ability may immediately take up these jurisdictions. to regulate the procedure for the transfer of additional jurisdictions, as set forth in the law, for the benefit of the decentralized autonomous government. to regulate the handling of shared competences among the different levels of governments, abiding by the principle of subsidiarity, and ensuring that jurisdictions do not overlap. to assign remaining jurisdictions to decentralized autonomous governments, except those that, by their nature, are not liable to transfer. to settle, in an administrative seat, any disputes over jurisdictions that might arise between the different levels of government, abiding by the principles of subsidiarily and competence, without detriment to the filing of a complaint with the constitutional court. chapter 5. economic resources article 270 decentralized autonomous governments shall earn their own financial resources and shall receive a share of state revenue, on the basis of the principles of subsidiarity, solidarity and equity. article 271 decentralized autonomous governments shall receive a share of at least fifteen percent (15%) of permanent revenue and not less than five percent (5%) of the non-permanent revenue of the central state, except that pertaining to public debt. annual allocations shall be predictable, direct, timely and automatic, and shall become effective by transfers from the master account of the national treasury to the accounts of the decentralized autonomous governments. article 272 the distribution of resources among decentralized autonomous governments shall be regulated by law, on the basis of the following criteria: size and density of population unmet basic needs, prioritized and depending on the population living in the territory of each of the decentralized autonomous governments. achievements in improving standards of living, fiscal and administrative discipline, and meeting the targets of the national development plan and the development plan of the decentralized autonomous government. the number of existing, planned and projected kilometers of rural roads corresponding to the territory and jurisdiction of the provincial decentralized autonomous government. article 273 the jurisdiction taken up by decentralized autonomous governments shall be transferred with the respective resources. there shall be no transfer of jurisdiction without the transfer of sufficient resources, unless expressly accepted by the entity taking up the jurisdiction. the direct and indirect costs of the exercise of jurisdiction liable to decentralization in the territorial scope of each of the decentralized autonomous governments shall be quantified by a technical body, which shall be comprised in equal parts of delegates of the executive and of each of the decentralized autonomous governments, pursuant to the respective organic law. only in the case of a catastrophe may there be discretionary, non-permanent allocations to decentralized autonomous governments. article 274 the decentralized autonomous governments in whose territory nonrenewable natural resources are exploited or industrialized shall be entitled to receive a share of the revenue received by the state for this activity, pursuant to the law. title vi. development structure chapter 1. general principles article 275 the development structure is the organized, sustainable and dynamic group of economic, political, socio-cultural and environmental systems which underpin the achievement of the good way of living (sumak kawsay). the state shall plan the development of the country to assure the exercise of rights, the achievement of the objectives of the development structure and the principles enshrined in the constitution. planning shall aspire to social and territorial equity, promote cooperation, and be participatory, decentralized, deconcentrated and transparent. the good way of living shall require persons, communities, peoples and nationalities to effectively exercise their rights and fulfill their responsibilities within the framework of interculturalism, respect for their diversity, and harmonious coexistence with nature. article 276 the development structure shall have the following objectives: to improve the quality of life and life expectancy, and enhance the capacities and potential of the population within the framework of the principles and rights provided for by the constitution. to build a fair, democratic, productive, mutually supportive and sustainable economic system based on the egalitarian distribution of the benefits of development and the means of production, and on the creation of decent, stable employment. to foster participation and social monitoring, acknowledging the diverse identities and promoting their equitable representation, at all stages of governance. to restore and conserve nature and maintain a healthy and sustainable environment ensuring for persons and communities equitable, permanent and quality access to water, air and land, and to the benefits of ground resources and natural assets. to guarantee national sovereignty, promote latin american integration and boost strategic insertion into the global context, which contributes to peace and a democratic, equitable world system. to promote balanced, equitable land use planning, integrating and coordinating socio-cultural, administrative, economic and management activities and bolstering the unity of the state. to protect and promote cultural diversity and to respect its spaces of reproduction and exchange; to restore, preserve and enhance social memory and cultural heritage. article 277 the general duties of the state in order to achieve the good way of living shall be: to guarantee the rights of people, communities and nature. to direct, plan and regulate the development process. to make and implement public policies, and to control and sanction any breach thereof to produce goods, to create and maintain infrastructure, and to provide public services. to boost the development of economic activities through a legal system and political institutions that promote, foster and defend said activities in observance of the constitution and the law. to promote and bolster science and technology, the arts, ancestral wisdom and, in general, activities resulting from the creative initiative of communities, associations, cooperatives and the private sector. article 278 to achieve the good way of living, it is the duty of people and communities, and their various forms of organization: to participate in all stages and spaces of public management and national and local development planning, and in the execution and control of the fulfillment of development plans at all levels. to produce, exchange and consume goods and services with social and environmental responsibility. chapter 2. participatory planning for development article 279 the decentralized national system of participatory planning shall organize planning for development. the system shall be comprised of a national planning council, which shall bring together the different levels of government, with public participation, and shall have a technical secretariat coordinating it. the objective of this council shall be to issue the guidelines and policies that direct the system and to approve the national development plan. the council shall be chaired by the president of the republic. in decentralized autonomous governments, planning councils shall be chaired by their highest representatives and their membership shall be provided for by law. citizen councils shall be bodies for the discussion and creation of long-term strategic guidelines and agreements that shall provide guidelines for national development. article 280 the national development plan is the instrument to which public policies, programs and projects, the programming and execution of the state budget, and the investment and allocation of public resources shall adhere. it shall coordinate the exclusive areas of competence between the central state and decentralized autonomous governments. observation of said plan shall be mandatory for the public sector and recommended for other sectors. chapter 3. food sovereignty article 281 food sovereignty is a strategic objective and an obligation of the state in order to ensure that persons, communities, peoples and nations achieve self-sufficiency with respect to healthy and culturally appropriate food on a permanent basis. to this end, the state shall be responsible for: fostering the production, and the agri-food and fishing transformation of small and medium-sized production units, community production units and those of the social, mutually supportive economy. adopting fiscal, tax and tariff policies that protect the national agri-food and fishing sector to prevent dependence on food imports. bolstering diversification and the introduction of ecological and organic technologies in farm and livestock production. promoting policies of redistribution that will enable small farmers to have access to land, water and other production resources. establishing preferential mechanisms for the financing of small and medium-sized producers, facilitating for them the acquisition of means of production. promoting the conservation and recovery of agricultural biodiversity and related ancestral wisdom, along with the use, conservation and free exchange of seeds. ensuring that animals for human consumption are healthy and raised in a salubrious setting. ensuring the development of appropriate scientific research and technological innovation to guarantee food sovereignty. regulating, under biosecurity regulations, the use and development of biotechnology, as well as its experimentation, use and marketing. strengthening the development of organizations and networks of producers and consumers, along with those for the marketing and distribution of food stuffs, so as to promote equity between rural and urban spaces. creating fair, mutually supportive systems for the distribution and marketing of food stuffs. preventing monopoly practices and any type of speculation with food products. providing food to population groups that are the victims of natural and manmade disasters that jeopardize access to food. food received through international aid shall not affect the health or the future production of locally produced food stuffs. preventing and protecting the population from consuming polluted food stuffs, or those that jeopardize their health or whose effects are still scientifically uncertain. acquiring food and raw materials for social and food programs, giving priority to associative networks of small producers. article 282 the state shall make laws for the use and access to land that must fulfill social and environmental functions. a national land fund, established by law, shall regulate the equitable access of campesinos to land. large estate farming and land concentration is forbidden, as is the monopolizing or privatizing of water and sources thereof. the state shall regulate the use and management of irrigation water for food production, abiding by the principles of equity, efficiency and environmental sustainability. chapter 4. economic sovereignty section 1. economic system and economic policy article 283 the economic system is socially oriented and mutually supportive; it recognizes the human being as a subject and an end; it tends towards a dynamic, balanced relationship among society, state and the market, in harmony with nature; and its objective is to ensure the production and reproduction of the material and immaterial conditions that can bring about the good way of living. the economic system shall be comprised of public, private, mixed-economy, grassroots solidarity forms of economic organization, and others as established by the constitution. the grassroots solidarity economy shall be regulated pursuant to the law and shall include cooperative, associative and community sectors. article 284 the economic policy shall have the following objectives: to ensure an adequate distribution of the country's revenues and wealth. to encourage national production, systemic productivity and competitiveness, the accumulation of scientific and technological knowledge, strategic insertion into the world economy, and complementary productive activities within regional integration. to ensure food and energy sovereignty. to promote the incorporation of added value with maximum efficiency, within the biophysical limits of nature, and respect for life and cultures. to achieve a balanced development of the national territory, integration among regions, in the rural sector, and between the countryside and the city, in economic, social and cultural terms. to foster full employment and value all forms of work, with respect for labor rights. to uphold economic buoyancy, understood as the maximum sustainable level of production and employment over time. to foster the fair and complementary exchange of goods and services on transparent, efficient markets. to encourage socially and environmentally responsible consumption. section 2. fiscal policy article 285 the fiscal policy shall have the following specific objectives: the financing of services, investment and public goods. the redistribution of revenues through appropriate transfers, taxes and subsidies. the creation of incentives for investment in different sectors of the economy and for the production of goods and services that are socially desirable and environmentally acceptable. article 286 at all levels of government, public finances shall be conducted in a sustainable, responsible and transparent manner, and shall strive towards economic buoyancy. permanent outlays shall be financed by permanent revenues. ongoing outlays for health, education and justice shall be given priority and may, on an exceptional basis, be funded by nonpermanent revenues. article 287 any legal norm creating an obligation financed by public resources shall establish the respective source of financing. only institutions of public law may be financed by special charges and contributions as established by law. article 288 public procurement shall meet criteria of efficiency, transparency, quality, and social and environmental responsibility. priority shall be given to domestic products and services, in particular those originating in the grassroots solidarity economy and in micro, small and medium-sized production units. section 3. public borrowing article 289 at all levels of the state, incurring public debt shall be governed by the guidelines of the respective planning and budget, and shall be authorized by a debt and financing committee pursuant to the law, which shall also define its establishment and operation. the state shall promote bodies enabling the citizenry to oversee and audit public borrowing. article 290 public borrowing shall be subject to the following regulations: public borrowing shall be resorted to only when fiscal revenues and resources from international cooperation are insufficient. public borrowing shall be monitored to ensure that it does not affect sovereignty, rights, the good way of living and nature conservation. public borrowing shall be used exclusively to finance programs and projects investing in infrastructure, or those with the financial capacity for repayment. financing the foreign public debt may be rescheduled only if new conditions are more beneficial to ecuador. renegotiation agreements shall not contain, either tacitly or expressly, any form of anatocism or usury. debts declared unlawful by the competent authority shall be challenged. in the case of declared illegality, the right to recovery shall be exercised. any legal action for administrative or civil liabilities arising from the acquisition or management of the public debt shall not be subject to a statute of limitations. state is forbidden to take up any private debt. the granting of debt securities by the state shall be regulated by law. the executive branch may decide whether or not to take up debts of the decentralized autonomous governments. article 291 the competent bodies specified by the constitution and the law shall conduct prior financial, social and environmental analyses on the impact of projects that entail public borrowing, to determine their potential financing. said bodies shall perform the control and financial, social and environmental auditing at all stages of domestic and foreign public borrowing, in contracting as well as in management and renegotiation. section 4. general state budget article 292 the general state budget is the instrument for establishing and managing state income and spending, and includes all the revenues and outlays made by the public sector, except those pertaining to social security, the public banking system, state enterprises and decentralized autonomous governments. article 293 the drafting and implementation of the general state budget shall adhere to the national development plan. the budgets of the decentralized autonomous governments and those of other public entities shall adhere to regional, provincial, canton and parish plans, respectively, within the framework of the national development plan, without detriment to their powers and autonomy. the decentralized autonomous governments shall abide by fiscal and domestic borrowing rules, similar to those of the general state budget, pursuant to the law. article 294 every year, the executive branch shall draw up the draft annual budget and the four-year budget plan. the national assembly shall ensure that the draft annual budget and four-year budget plan are in keeping with the constitution, the law and the national development plan and shall, as a result, adopt or turn them down. article 295 the executive branch shall submit the draft annual budget and the four-year budget plan to the national assembly within the first ninety (90) days of its term of office and, in subsequent years, sixty (60) days before the start of the respective fiscal year. the national assembly shall adopt or object to the draft annual budget and the four-year budget plan in the following thirty (30) days and in a single debate. should the national assembly fail to announce its decision within this period, the draft budget and plan prepared by the executive branch shall enter into force. the objections of the national assembly shall refer only to the areas of revenue and spending and cannot alter the overall amount of the draft budget. if the national assembly objects to the draft budget or plan, the executive branch may, within ten days, accept said objection and submit a new proposal to the national assembly, or it may confirm its original proposal. the national assembly may, in the following ten days, confirm its objections, in a single debate, with the vote of two thirds of its members. failing this, the draft budget or budget plan sent a second time by the executive branch shall enter into force. the former budget shall remain in force until the budget of the year in which the president of the republic takes office is passed. any increase in spending during the execution of the budget shall be approved by the national assembly, within the limits established by law. all the information on the process of drafting, adopting and executing the budget shall be public and shall be permanently disseminated among the population through the most appropriate media. article 296 every six months, the executive branch shall present its report on the execution of the budget to the national assembly. the decentralized autonomous governments shall likewise present reports to their respective auditing bodies on a six-monthly basis. the law shall set out the sanctions for default. article 297 any program financed with public resources shall have objectives, targets and a predetermined period in which to be evaluated, within the framework of the stipulations of the national development plan. institutions and entities receiving or transferring public assets or resources shall be subject to the laws and regulations that govern them and to the principles and procedures of transparency, accountability and public control. article 298 earmarked budget allocations shall be established for the decentralized autonomous governments, the health sector, the education sector and higher education; and for research, science, technology and innovation, in the terms provided for by law. the transfers of earmarked allocations shall be predictable and automatic. the creation of other earmarked budget allocations is forbidden. article 299 the general state budget shall be managed through the master account of the national treasury held in the central bank, with the respective sub-accounts. special accounts shall be created in the central bank to manage the deposits of state enterprises and the decentralized autonomous governments, and other accounts as applicable. state resources shall be managed in the government banking system, pursuant to the law. the law shall establish the mechanisms for credits and payments, as well as for the investment of financial resources. public sector entities are forbidden to invest their resources overseas without legal authorization. section 5. tax system article 300 the tax system shall be governed by the principles of generality, progressivity, efficiency, administrative simplicity, nonretroactiveness, equity, transparency and revenue collection adequacy. priority shall be given to direct and progressive taxes. tax policy shall promote redistribution and shall stimulate employment, the production of goods and services, as well as ecologically, socially and economically responsible conduct. article 301 taxes may be levied, amended, exempted or eliminated only at the initiative of the executive branch and through legislation passed by the national assembly. charges and contributions may be levied, amended, exempted or eliminated only through a regulatory ruling passed by a competent body. special charges and contributions shall be created and regulated pursuant to the law. section 6. monetary, foreign exchange, credit and financial policy article 302 monetary, credit, foreign exchange and financial policies shall have the following objectives: to provide the necessary means of payment for the economic system to operate efficiently. to establish overall cash flow levels mat guarantee adequate financial security margins. to steer excess liquidity towards the investment required for the development of the country. to promote levels and linkages between lending and borrowing interest rates that boost national saving and the financing of productive activities, aimed at upholding the firmness of prices and monetary equilibrium preventing balance of payments deficits, in line with the objective of economic buoyancy as enshrined the constitution. article 303 the drafting of monetary, credit, foreign exchange and financial policies is the exclusive power of the executive branch and shall be implemented through the central bank. the law shall regulate the circulation of legal tender in ecuadorian territory. execution of the credit and financial policy shall also be exercised through the public banking system. the central bank is a legal entity governed by public law, whose organization and operation shall be established by law. section 7. trade policy article 304 the trade policy shall have the following objectives: to develop, strengthen and give impetus to domestic markets on the basis of the strategic objective set out in the national development plan. to regulate, promote and implement actions conducive to boosting the country's strategic insertion in the global economy. to bolster the domestic productive system and production. to contribute to guaranteeing food and energy sovereignty and the reduction of internal inequalities. to foster the development of economies of scale and fair trade. to prevent monopolies and oligopolies, particularly in the private sector, and other practices that might affect market functioning. article 305 the creation of tariffs and the setting of their levels shall come under the exclusive competence of the executive branch. article 306 the state shall promote environmentally responsible exports, giving preference to those creating more employment and added value, and in particular the exports of small and medium-sized producers and the artisan sector. the state shall support the imports necessary for development objectives and shall discourage those that negatively affect domestic production, the population and nature. article 307 contracts entered into by the state with foreign natural persons and legal entities shall implicitly entail the waiver by these persons of any diplomatic immunity, except in the case of contracts with the foreign service. section 8. financial system article 308 financial activities are a service of public interest and may be exercised, with the prior authorization of the state, in accordance with the law. their basic aim shall be to safeguard deposits and meet financing needs to achieve the country's development objectives. financial activities shall perform an efficient intermediary role enabling the resources deposited to bolster domestic investment in production and socially and environmentally responsible consumption. the state shall foster access to financial services and the democratizing of credit. practices of collusion, anatocism and usury are forbidden. the regulation and control of the private financial sector shall not transfer the responsibility of bank solvency, nor imply any guarantee by the state. managers of financial institutions and those controlling the capital thereof shall be held liable for the solvency of said institutions. the freezing or arbitrary or widespread withholding of funds or deposits in public or private financial institutions is forbidden. article 309 the national financial system is comprised of the public and private sectors, and the grassroots solidarity economic sectors, which act as brokers for the resources of the public. each of these sectors shall be governed by laws and regulations and shall have specific, differentiated control bodies, the role of which shall be to uphold their security, stability, transparency and soundness. said entities shall be autonomous. the directors of control bodies shall be held liable for their decisions in administrative, civil and criminal law. article 310 the aim of the public financial sector shall be the sustainable, efficient, accessible and equitable provision of financial services. credit granted shall preferably be aimed at increasing the productivity and competitiveness of the productive sectors, enabling the objectives of the development plan to be met, and of the disadvantaged groups, so as to boost their active inclusion in the economy. article 311 the grassroots solidarity financial sector shall be comprised of loan and savings cooperatives, associative or mutually supportive entities, community credit unions and banks, savings associations. service initiatives from the grassroots solidarity financial sector, and of micro, small and medium-sized production units shall receive preferential and differentiated treatment from the state, to the extent that they foster the development of a grassroots solidarity economy. article 312 the financial systemâ��s private entities as well as the national private media entities, their directors and principal shareholders, may not own, directly or indirectly, shares and equity interests of entities other than those in the financial or media industries, respectively. the respective control agencies will be responsible of regulating such mandate, in accordance with the constitutional and regulatory framework in force. financial entities or groups, along with their legal representatives, board members and shareholders are forbidden to have any share in controlling the capital, investment or assets of the media. every entity belonging to the national financial system shall have a customer defense attorney, who shall be independent of the institution and appointed pursuant to the law. chapter 5. strategic sectors, services and state enterprises article 313 the state reserves the right to administer, regulate, monitor and manage strategic sectors, following the principles of environmental sustainability, precaution, prevention and efficiency. strategic sectors, which come under the decision making and exclusive control of the state, are those that, due to their importance and size, exert a decisive economic, social, political or environmental impact and must be aimed at ensuring the full exercise of rights and the general welfare of society. the following are considered strategic sectors: energy in all its forms, telecommunications, nonrenewable natural resources, oil and gas transport and refining, biodiversity and genetic heritage, the radio spectrum, water and others as established by law. article 314 the state shall be responsible for the provision of the public services of drinking and irrigation water, sanitation, electricity, telecommunications, roads, seaport and airport facilities, and others as established by law. the state shall ensure that public services and the provision thereof observe the principles of obligation, generality, uniformity, efficiency, responsibility, universality, accessibility, regularity, continuity and quality. the state shall take steps to ensure that the prices and fees of public services are equitable, and shall establish the monitoring and regulation thereof. article 315 the state shall set up public companies for the management of strategic sectors, the provision of public services, the sustainable use of natural resources or public assets and the exercise of other economic activities. state enterprises shall be regulated and specifically monitored by the pertinent bodies, pursuant to the law. they shall operate as companies under public law, with legal status; financial, economic, administrative and management autonomy, high parameters of quality; and business, economic, social and environmental criteria. surplus earnings may be allocated to investment and reinvestment in the same companies or their subsidiaries, whether related or associated, of a public nature, to levels that ensure the development thereof. surplus revenues not invested or reinvested shall be transferred to the general state budget. the law shall specify the share of state enterprises in mixed-economy companies where the state shall always have the majority shareholding, for participation in the management of the strategic sectors and the provision of public services. article 316 the state may delegate participation in strategic sectors and public services to mixed-economy companies in which it has a majority shareholding. said delegation shall be subject to the national interest and shall respect the time-limits and boundaries set by the law for each strategic sector. the state may, on an exceptional basis, delegate the exercise of these activities to private enterprise and the grassroots solidarity sector of the economy, in the cases set out by law. article 317 nonrenewable natural resources are part of the unalienable heritage of the state and are not subject to a statute of limitations. in the management of these resources, the state shall give priority to responsibility between generations, the conservation of nature, the charging of royalties or other non-tax contributions and corporate shares; and shall minimize the negative impacts of an environmental, cultural, social and economic nature. article 318 water is part of the country's strategic heritage for public use; it is the unalienable property of the state and is not subject to a statute of limitations. it is a vital element for nature and human existence. any form of water privatization is forbidden. the management of water shall be exclusively public or community-based. the public service of sanitation and the supply of drinking and irrigation water shall be provided only by legal entities of the state or communities. the state shall bolster the management and operating of community initiatives with regard to the management of water and provision of public services, by encouraging alliances between public and community bodies for the provision of services. the state, through the sole authority for water, shall be directly responsible for planning and managing water resources for human consumption, irrigation to guarantee food sovereignty, ecological wealth and productive activities, in this order of priority. state authorization will be required for the use of water for productive purposes by the public, private and grassroots solidarity sectors, pursuant to the law. chapter 6. labor and production section 1. forms of organizing production and their management article 319 different forms of organizing production are recognized in the economy, including community, cooperative, public and private business, associative, family, domestic, autonomous and mixedeconomy. the state shall promote forms of production that assure the good way of living of the population and shall discourage those that violate their rights or those of nature; it shall encourage production that meets domestic demand and ensures ecuador's active participation in the global economy. article 320 among the various forms of organizing production processes, participatory, transparent and efficient management shall be fostered. production, in any form, shall be governed by principles and standards of quality, sustainability, systemic productivity, high esteem for work, and economic and social efficiency. section 2. types of property article 321 the state recognizes and guarantees the right to property in all of its forms, whether public, private, community, state, associative, cooperative or mixedeconomy, and that it must fulfill its social and environmental role. article 322 intellectual property is recognized pursuant to the conditions provided for by law. any form of appropriation of collective knowledge, in the fields of science, technology and ancestral wisdom, is forbidden. the appropriation of genetic resources contained in biological diversity and agricultural biodiversity is likewise forbidden article 323 for the purposes of implementing plans for social development, sustainable management of the environment and public welfare, state institutions may, for reasons of public utility or social and national interest, declare the expropriation of goods, following fair appraisal, compensation and payment pursuant to the law. any manner of confiscation is forbidden. article 324 the state shall guarantee equal rights and equal opportunity to men and women in access to property and decision-making in the management of their common marital estate. section 3. forms of work and pay article 325 the state shall guarantee the right to work. ah modes of work are recognized, whether as employee or self-employed, including the work of self-sustenance and care-giving for people, along with all workers, male and female, as productive social players. article 326 the right to work is underpinned by the following principles: the state shall promote full employment and the elimination of under-employment and unemployment. labor rights cannot be waived and are intangible. any stipulation to the contrary shall be null and void. in the event of any uncertainty as to the scope of legal, regulatory or contract provisions in labor affairs, it is the most favorable interpretation of the effective force of these provisions for the benefit of workers that shall prevail. work of equal value shall be given equal pay. all people shall be entitled to carry out their work in an appropriate, favorable setting, guaranteeing their health, bodily safety, security, hygiene and well-being. any person who has recovered from a work accident or sickness shall be entitled to return to work and continue the labor relationship, pursuant to the law. the right and freedom to organize shall be guaranteed to workers, without prior authorization. this right shall include that of forming trade unions, guilds, associations and other forms of organization, joining those of their choice and freely withdrawing from them. the right of organization is likewise granted to employers. the state shall encourage the creation of organizations for workers and for employers, pursuant to the law; and shall promote the democratic, participatory, transparent operating thereof, with the rotation of leadership. for all purposes of labor relations in state institutions, the workers shall be represented by one single organization. social dialogue shall be used to settle labor disputes and reach agreements. settlement shall be a valid mechanism in labor matters, provided that it does not entail any waiver of rights and is formalized through an administrative authority or competent judge. collective labor disputes, at any level, shall be submitted to courts of reconciliation and arbitration. collective bargaining between workers and employers shall be guaranteed, barring those exceptions provided for by law. the right of workers and their trade-union organizations to strike is recognized. the representatives of trade unions shall have the necessary guarantees in these cases. employers shall have the right to strike, pursuant to the law. the stoppage of the public services of health and environmental sanitation, education, justice, fire-fighting, social security, electricity, clean water and sewerage, oil and gas production, the processing, transport and distribution of fuel, public passenger transportation, post offices and telecommunications is forbidden. the law shall set limits to guarantee the operation of these services. in state institutions and entities of private law with a majority shareholding of public resources, those performing representation, management, administrative or professional activities and other public servants shall abide by the laws regulating the public administration. under this regime, public servants will have the right to organize themselves for the defense of their rights, for the improvement in the provision of public services, and to strike in conformity with the constitution and the law. provided that the state and public administration have the obligation to ensure general interest, only the private sector can have collective bargaining agreements. article 327 the labor relation between workers and employers shall be bilateral and direct. all forms of job insecurity and instability are forbidden, such as labor brokerage and outsourcing for the company's or employer's core and usual activities, hiring by the hour, or any other that may affect the rights of workers, either individually or collectively. default on obligations, fraud, deceit and embezzlement in labor affairs shall be penalized and sanctioned by law. article 328 there shall be fair pay, with decent wages meeting the minimum basic needs of the worker, and those of his/her family. said wages shall be immune from seizure, except for alimony payments. every year, the state shall establish and review the basic wage set by law, and the application thereof shall be general and mandatory. remuneration shall be paid in the agreed timeframes and may not be reduced or subject to deductions, unless otherwise authorized expressly by the worker, and pursuant to the law. any amount owed to workers by an employer, on any account, shall be considered preferential, first-class credit, and shall have preference even over secured credit. for the payment of compensation, remuneration encompasses everything that the worker receives in cash, services or kind, including what he/she may receive for special work and overtime, piecework, commissions, profit-sharing or any other normal remuneration. exceptions shall be made for the legal percentage of profits, occasional per diem allowances or subsidies, and additional remuneration. private-sector workers are entitled to a share of companies' net profits, pursuant to the law. the law shall set the limits of said profit-sharing in companies engaged in the exploitation of nonrenewable resources. there shall be no payment of profits in companies in which the state is the majority shareholder. any fraud or misstatement in the declaration of profits impinging on this right is punishable by law. article 329 young adults shall be entitled to be active subjects in production, as well as work for self-sustenance, family care-giving and community initiatives. conditions and opportunities will be fostered to this end. to fulfill the right to work of communities, peoples and nations, the state shall take specific measures to eliminate any discrimination affecting them, shall recognize and support all their forms of work organization, and shall assure access to employment in equal conditions. self-employed and free-knee work performed in public spaces, permitted by the law and other regulations, shall be acknowledged and protected. any manner of confiscation of such workers' products, work materials or tools is forbidden. the processes of labor selection, hiring and promotion shall be based on requirements of competencies, skills, training, merit and abilities. the use of discriminatory criteria and instruments affecting people's privacy, dignity and bodily safety is forbidden. the state shall encourage vocational preparation and training to enhance access to, and the quality of, employment and self-employment. the state shall ensure observance of the labor rights of ecuadorian workers overseas, and shall promote conventions and agreements with other countries to assure normal legal rights for such workers. article 330 the insertion into and accessibility of work, in conditions of equality, shall be guaranteed to persons with disabilities. the state and employers shall implement social services and provide special assistance to facilitate their activities. any reduction in pay for any circumstance related to the condition of a worker with a disability is forbidden. article 331 the state shall guarantee to women equal access to employment, vocational and professional training and advancement, equitable pay, and the option to self-employment. all necessary measures shall be taken to eliminate inequality. any form of discrimination, harassment or violent action, of any nature, whether direct or indirect, affecting women at work is forbidden. article 332 the state shall guarantee respect for the reproductive rights of all workers, including the elimination of labor risks affecting reproductive health, access to employment and job security, without limitations due to pregnancy or number of children, maternity and breast-feeding rights, and the right to paternity leave. the dismissal of a working woman because of pregnancy and maternity, along with discrimination in connection with reproductive roles, is forbidden. article 333 unpaid work of self-sustenance and care-giving, carried out in the home, is recognized as productive work. the state shall strive towards a labor system that works in harmony with the needs for human care-giving, and that facilitates suitable services, infrastructure and work schedules; it shall, in particular, provide services for child care, care for persons with disabilities, and other services as needed for workers to be able to perform their labor activities; it shall furthermore foster the joint responsibility and reciprocity of men and women in domestic work and family obligations. social service protection shall be progressively extended to persons who are responsible for unpaid family work at home, in accordance with the general conditions of the system and the law. section 4. democratization of inputs article 334 the state shall promote equitable access to inputs, to which end its duties shall be: to prevent the concentration or hoarding of production inputs and resources, promote their distribution, and eliminate privileges or inequality in access to these inputs. to draft specific policies to eradicate inequality and discrimination towards women producers, in the access to production inputs. to boost and support the development and dissemination of knowledge and technology for production processes. to develop policies to foster domestic production in all sectors, particularly in order to guarantee food and energy sovereignty, and to create employment and added value. to bolster public financial services and the democratization of credit. section 5. commerce and fair trade article 335 the state shall regulate, monitor and intervene, as necessary, in commerce and trade; and shall punish exploitation, usury, hoarding, deceit, and the speculative practices of middlemen for goods and services, as well as any form of damage to economic rights and public and community assets. the state shall set up a pricing policy aimed at protecting domestic production; it shall establish mechanisms of sanction to prevent any private monopoly or oligopoly practices, or those abusing a position of market dominance and other practices of unfair competition. article 336 the state shall encourage and safeguard fair trade as a means of access to quality goods and services, minimizing the distortions of middlemen and promoting sustainability. the state shall assure transparency and efficiency in markets and shall encourage competition in equal conditions and equal opportunity, which shall be established by law. article 337 the state shall promote the development of infrastructure for the collection, transformation, transportation and marketing of products to meet basic domestic needs, as well as to ensure the participation of the ecuadorian economy in the region and world, on the basis of a strategic vision section 6. savings and investment article 338 the state shall promote and protect domestic saving as a source of productive investment in the country. it shall also create incentives for the return of the savings and assets of emigrants, and so that the savings of persons and different economic units are directed towards quality productive investment. article 339 the state shall encourage domestic and foreign investment, and shall establish specific regulations according to investment types, giving priority to domestic investment. investments shall be made on the basis of criteria of diversification of production, technological innovation, and striking a balance between regions and sectors. foreign direct investment shall supplement domestic investment; it shall abide strictly by the country's legal framework and regulations, and the application of rights, and shall be aimed at meeting the needs and priorities laid down in the national development plan, as well as in the various development plans of the decentralized autonomous governments. public investment shall be aimed at meeting the objectives of the development structure enshrined in the constitution, and shall be implemented within the framework of national and local development plans, and of the respective investment plans. title vii. the good way of living system chapter 1. inclusion and equity article 340 the national system of social inclusion and equity is an articulated and coordinated set of systems, institutions, policies, norms, programs and services that ensure the exercise, guarantee, and enforceability of the rights enshrined in the constitution and the achievement of the objectives of the development plan the system shall be coordinated with the national development plan and with the national decentralized system of participatory planning; it shall be guided by the principles of universality, equality, equity, progressivity, interculturalism, solidarity and nondiscrimination; and it shall function on the basis of the criteria of quality, efficiency, effectiveness, transparency, responsibility and participation. the system is comprised of the sectors of education, health, social security, risk management, physical education and sports, habitat and housing, culture, information and communication, the enjoyment of leisure, science and technology, population, human security and transportation. article 341 the state shall create the conditions for the integral protection of its inhabitants throughout their lives, conditions that shall ensure the rights and principles enshrined in the constitution, in particular that of equality in diversity and nondiscrimination and shall give priority to actions for those groups who require special consideration because of the persistence of inequalities, exclusion, discrimination or violence or by virtue of their age, health, or disabilities. integral protection shall function by means of specialized systems in accordance with the law. the specialized systems shall be guided by their specific principles and by those of the national system of social inclusion and equity. the national decentralized system for the integral protection of the rights of children and adolescents shall be in charge of ensuring the exercise of the rights of children and adolescents. they shall be part of the system of public, private and community institutions. article 342 the state shall allocate, as a priority and equitably, enough timely and permanent resources for the system's functioning and management. section 1. education article 343 the national education system shall be aimed at developing the population's individual and collective capabilities and potential, enabling learning and the generation and use of knowledge, techniques, wisdom, arts and culture. the system shall have as its core focus the learning subject and shall function flexibly and dynamically, with an inclusive, efficient and effective approach. the national education system shall incorporate an intercultural vision in line with the country's geographical, cultural, and linguistic diversity and respect for the rights of the communities, peoples and nations. article 344 the national education system shall be comprised of the institutions, programs, policies, resources and players of the education process, as well as actions at the initial, basic, and secondary levels of education and shall be articulated with the higher education system. the state shall exercise leadership of the system through the national education authority, which shall draw up the national policy for education, it shall also regulate and monitor activities involving education, as well as the functioning of the system's entities. article 345 education as a public service shall be provided by means of public, mixed public and religious, and private school institutions. in the schools, social services and psychological support shall be provided free of charge, in the framework of the system of inclusion and social equity. article 346 there shall be one autonomous public institution for comprehensive internal and external evaluation aimed at promoting the quality of education. article 347 the following shall be the responsibility of the state: to strengthen public education and co-education; ensure permanent improvement of quality, the enlargement of coverage, physical facilities and the equipment needed for public schooling institutions. to guarantee that schools shall be democratic spaces for the exercise of rights and peaceful coexistence. schools shall be opportunities for the early detection of special requirements. to guarantee formal and nonformal modalities of education. to ensure that all education institutions provide education in citizenship, sexuality and the environment, using a rights-based approach. to guarantee respect for the psycho-evolutionary development of children and adolescents, in the entire education process. to eliminate all forms of violence in the education system and to safeguard the bodily, psychological and sexual integrity of students. to eliminate pure, functional and digital illiteracy and to support post-literacy processes and continuous education for adults and overcoming education lags. to incorporate information and communication technologies in the education process and promote the linkage between teaching and productive and social activities. to guarantee the intercultural bilingual education system, where the main language for educating shall be the language of the respective nation and spanish as the language for intercultural relations, under the guidance of the state's public policies and with total respect for the rights of communities, peoples and nations. to ensure that the teaching of at least one ancestral language be progressively included in the curriculum. to guarantee the active participation of students, families and teachers in education processes. to guarantee, on the basis of the principles of social, territorial and regional equity, that all persons shall have access to public education. article 348 public education shall be free of charge and the state shall fund it on a timely, regular and sufficient basis. the distribution of resources earmarked for education shall be governed by the criteria of social, demographic, and territorial equity, among others. the state shall fund special education and shall be able to financially support mixed public and religious education, arts and crafts, and community education, as long as they abide by the principles of an education that is free of charge, mandatory and ensuring equality of opportunities, are held accountable for the results of education and the management of public resources, and are duly qualified in accordance with the law. educational institutions that receive public funding shall be non-profit entities. the failure to transfer resources in accordance with the above-mentioned conditions shall by punished by the dismissal of the authority and public servants who were remiss in their obligation. article 349 the state shall guarantee, for the teaching staff, at all levels and modalities, job security, modernization, ongoing training, and teaching and academic improvement, as well as fair pay, in accordance with their professional development, performance and academic merits. the law shall regulate the teacher career stream and salary and promotion scale; it shall set up a national performance evaluation system and a salary policies at all levels. policies for teacher promotion, mobility, and rotation shall be established. article 350 the higher education system shall be aimed at academic and professional training with a scientific and humanist vision; scientific and technological research; innovation, promotion, development and dissemination of wisdom and cultures; building solutions for the country's problems with respect to the objectives of the development system. article 351 the higher education system shall be articulated with the national education system and the national development plan; the law shall establish mechanisms to coordinate the higher education system with the executive branch. this system shall be governed by the principles of responsible autonomy, joint governance, equality of opportunities, quality, relevance, integrality, self-determination to engender thinking and knowledge, in the framework of a dialogue between different forms of knowledge, universal thinking, and global scientific and technological production. article 352 the higher education system shall be comprised of universities and polytechnic schools, advanced vocational, technological and teaching institutions; and conservatories of music and arts, duly accredited and evaluated. these institutions, whether public or private, are not-for-profit. article 353 the higher education system shall be governed by: a public internal planning, regulation and coordination body of the system and the relationship between their various players with executive branch. a public technical body and accreditation and quality assurance of the institutions, career streams, and programs which cannot be comprised of representatives of the institutions that are the target of the regulation. article 354 both public and private universities and polytechnic schools shall be established by law, after a binding favorable report of the body in charge of planning, regulation and coordination of the system, which will be based on prior favorable and mandatory reports of the institutions responsible for quality assurance and the national planning body. advanced technological, vocational and teaching institutes and conservatories shall be created by resolution issued by the body in charge of planning, regulating and coordinating the system, after a prior favorable report of the system's quality assurance institution and the national planning body. the creation and funding of new public study institutes and university career streams shall be subject to the requirements of national development. the body in charge of planning, regulating, and coordinating the system and the body in charge of accreditation and quality assurance can suspend, in accordance with the law, universities, polytechnic schools, higher education, technological, and teaching institutes and conservatories, as well as request the repeal of those that are created by law. article 355 the state shall recognize the academic, administrative, financial and organizational autonomy of universities and polytechnic schools, in accordance with the objectives of the development structure and the principles set forth in the constitution. universities and polytechnic schools are recognized the right to autonomy, exercised and understood as matter of solidarity and responsibility. this autonomy guarantees the exercise of academic freedom and the right to search for the truth, without restrictions; self-governance and management in conformity with the principles of rotation of power, transparency, and political rights; and the production of science, technology, culture and art. their premises are inviolable and they cannot be broken into and searched except in those cases and terms applicable to the domicile of a person the guarantee of internal law and order shall be the area of competence and responsibility of their authorities. when protection of the forces of law and order is required, the supreme authority of the institution shall request the relevant assistance. autonomy does not exonerate the system's institutions from being audited, social responsibility, accountability and participation in national planning. the executive branch shall not be able to deprive them of their revenues or budget allocations, or delay transfers to any institution of the system, or shut them down or restructure them either totally or partially. article 356 higher public education shall be free of charge up to the third level [post-secondary undergraduate schooling]. admittance to public institutions of higher education shall be regulated by means of a credit equivalency and admission system, as defined by law. free tuition shall be linked to the academic responsibility of the students. regardless of their public or private character, equality of opportunities with respect to access, permanence, passing and graduation shall be guaranteed, except for the charging of tuition in private education. the collection of tuition and registration fees in advanced private education shall benefit from mechanisms such as scholarships, loans, admission quotas and others that make it possible to ensure social integration and equity in all its many dimensions. article 357 the state shall guarantee the funding of public institutions of higher education. public universities and polytechnic schools can create supplementary sources of revenue to improve their academic capabilities, invest in research and granting scholarships and bans, which shall not entail any cost or charge for those who attend third-level education [post-secondary undergraduate schooling]. the distribution of these resources shall be based essentially on quality and other criteria set by law. the law shall regulate technical advisory services, consulting services and those that involve alternative sources of income for universities and polytechnic schools, whether public or private. section 2. health article 358 the national health system shall be aimed at ensuring the development, protection, and recovery of capacities and potential for a healthy and integral life, both individual and collective, and shall recognize social and cultural diversity. the system shall be governed by the general principles of the national system of social inclusion and equity and by those of bioethics, adequacy and interculturalism, with a gender and generation approach. article 359 the national health system shall be comprised of institutions, programs, policies, resources, actions, and players in health; it shall encompass all the dimensions of the right to health; it shall guarantee the promotion, prevention, recovery and rehabilitation of all levels; and it shall encourage public participation and social monitoring. article 360 the system shall guarantee, through the institutions that comprise it, the promotion of family and community health, prevention and integral care, on the basis of primary healthcare; it shall articulate various levels of care; and it shall promote complementariness with ancestral and alternative medicines. the comprehensive public healthcare network shall be part of the national health system and shall be comprised of the coordinated set of state institutions, social security and other suppliers that belong to the state on the basis of legal, operational and complementary ties. article 361 the state shall exercise leadership of the system through the national health authorities, shall be responsible for national health policymaking, and shall set standards for, regulate and monitor all health-related activities, as well as the functioning of sector entities. article 362 healthcare as a public service shall be provided through state, private, autonomous, and community institutions, as well as those that practice alternative and complementary ancestral medicine. healthcare services shall be safe, of a high quality, and humane and they shall guarantee informed consent, access to information, and confidentiality of the information of patients. public state health services shall be universal and free of charge at all levels of care and shall include necessary procedures of diagnosis, treatment, medicines and rehabilitation. article 363 the state shall be responsible for: drafting public policies that guarantee the promotion, prevention, healing, rehabilitation and provision of integral health care and the fostering of healthy practices in the family, at work, and in the community. universalizing healthcare, permanently improving quality, and enlarging coverage. building up state healthcare services, incorporating human talent, and providing physical infrastructure and equipment to public health institutions. guaranteeing ancestral and alternative health practices by recognizing, respecting and promoting the use of their knowledge, medicines and instruments. providing specialized care to groups requiring priority attention as provided for in the constitution. ensuring sexual and reproductive health actions and services and guaranteeing the integral healthcare and the life of women, especially during pregnancy, childbirth and postpartum. guaranteeing the availability and access to quality, safe and effective medicines, regulating their marketing, and promoting the national production and use of generic drugs that meet the epidemiological needs of the population with respect to access to medicine, public health interests shall prevail over economic and commercial interests. promoting the integral development of health staff. article 364 addictions are a public health problem. the state shall be responsible for developing coordination programs for information about, prevention and control of the use of alcohol, tobacco, and narcotic and psychotropic substances, as well as providing treatment and rehabilitation to occasional, habitual and problematic users. in no case shall their criminalization or infringement of their rights be allowed. the state shall control and regulate advertising for alcohol and tobacco. article 365 for no reason shall public or private institutions or healthcare professionals refuse emergency care. this refusal shall be punishable by law. article 366 public funding for health shall be timely, regular and sufficient and must come from ongoing sources of the general budget of the state. government resources shall be distributed on the basis of population criteria and health needs. the state shall fund state health institutions and shall be able to financially support autonomous and private institutions as long as they are not for profit, guarantee services free of charge, comply with public policies, and ensure quality, security, and respect for rights. these institutions shall be subject to state monitoring and regulation. section 3. social security article 367 the social security system is public and universal, it cannot be privatized and it shall meet the contingent needs of the population. the protection of contingencies shall be made effective through mandatory universal insurance and its special regimes. the system shall be guided by the principles of the national system for social inclusion and equity and by those of obligation, adequacy, integration, solidarity, and subsidiarity. article 368 the social security system shall be comprised of public institutions, norms, policies, resources, social security services and provisions, and shall function on the basis of criteria of sustainability, efficiency, swiftness, and transparency. the state shall set standards for, regulate and control activities related to social security. article 369 mandatory universal insurance shall cover the contingencies of illness, maternity, paternity, labor hazards, termination of employment, unemployment, old age, invalidity, disability, death and those provide for by the law. health services for the contingencies of illness and maternity shall be provided through the public integral health network. mandatory universal insurance shall be extended to the entire urban and rural population, regardless of their labor status. healthcare services for persons who carry out unpaid domestic chores and care-giving activities shall be funded by inputs and contributions from the state. the law shall determine the corresponding mechanism. the creation of new services shall be duly funded. article 370 the ecuadorian social security institute, which is an autonomous entity regulated by law, shall be responsible for the provision of the contingencies of the mandatory universal insurance to its affiliates. the national police force and the armed forces shall be able to benefit from a special social security system, in accordance with the law; their social security entities shall become part of the comprehensive public health network and the social security system. the state guarantees the payment of retirement pensions for the members of the armed forces and national police force. article 371 social security services shall be funded with the contributions of insured persons who are employed and their respective employers; with the contributions of independent insured persons; with the voluntary contributions of ecuadorians domiciled abroad; and with quotas and contributions made by the state. state resources earmarked for mandatory university insurance shall appear every year in the general budget of the state and shall be transferred on time. social security cash entitlements shall not be subject to termination, seizure or withholding, except in the cases of alimony payments due by law or obligations incurred for the benefit of the insuring institution and they shall be tax-exempt. article 372 the funds and reserves of mandatory universal insurance shall be their own resources and separate from those of the public treasure and shall be used to adequately achieve the goals for which the insurance was created and its functions. no state institution will be able to intervene or dispose of its funds and reserves or to undermine its assets. pension public funds and their investments shall be channeled through a financial institution owned by the ecuadorian social security institute; their management shall be subject to the principles of security, solvency, efficiency, profitability, and control by the competent body. article 373 rural worker social security, which is part of the ecuadorian social security institute, shall consist of a special system for mandatory universal insurance to protect the rural population and persons earning their livelihood from traditional fishing; it shall be funded with the mutually supportive contribution of insured persons and employers of the national social security system, with the differentiated contribution by heads of protected households and the treasury allocations that guarantee their consolidation and development. insurance shall provide health benefits and protection against contingencies of invalidity, disability, old age and death public and private insurance, without exception, shall contribute to funding the rural worker social security through the ecuadorian social security institute. article 374 the state shall encourage ecuadorians domiciled abroad to voluntarily affiliate themselves to the ecuadorian social security institute and shall ensure the provision of contingencies. the funding of these services shall benefit from the contribution of voluntarily affiliated persons domiciled abroad. section 4. habitat and housing article 375 the state, at all levels of government, shall guarantee the right to habitat and decent housing, for which purpose it shall: produce the information that is necessary to draw up strategies and programs that understand the ties between housing, services, public space and transportation, equipment and management of urban land. keep a national geo-referenced integrated cadastre of habitat and housing. draft, implement and evaluate policies, plans and programs for habitat and universal access to housing, on the basis of the principles of universality, equity, and interculturalism, with a risk management approach. improve precarious housing, provide shelters, public spaces and green areas and promote rent under a special system. develop plans and programs to fund housing of social interest, through government banks and grassroots credit institutions, with emphasis on persons with limited financial resources and women heads of household. guarantee the uninterrupted provision of public clean water services and electricity to schools and public hospitals. ensure that all persons have the right to enter into housing rental contracts at a fair price and without abuse. guarantee and protect public access to the beaches of the sea and banks of rivers, lakes, and ponds and the existence of perpendicular access ways. the state shall exercise leadership for the planning, regulation, control, funding and policymaking for habitat and housing. article 376 to enforce the right to housing, habitat and environmental conservation, the municipalities will be able to expropriate, reserve, and control areas for future development in accordance with the law. obtaining benefits from speculative land use practices, in particular by changing the use from rural to urban or public to private is forbidden. section 5. culture article 377 the national system for culture is aimed at building national identity; protecting and promoting the diversity of cultural manifestations; encouraging the freedom of artistic creation and the production, dissemination, distribution and enjoyment of cultural goods and services; and safeguarding social memory and cultural heritage. the full exercise of cultural rights is guaranteed. article 378 the national system for culture shall be comprised of all the institutions of the cultural sector that receive public funding and of the groups and persons who are voluntarily linked to the system. the cultural entities that receive public funding shall be subject to control and accountability. the state shall exercise leadership of the system through the competent body, with respect to the freedom of creation and expression, interculturalism and diversity, it shall be responsible for the management and promotion of culture, as well as the drafting and implementation of national policy in this field. article 379 the following are part of the tangible and intangible cultural heritage that is relevant for the memory and identity of persons and groups and the target of safeguard by the state, among others: languages, forms of expression, oral tradition and diverse cultural manifestations and creations, including those of a ritual, festive or productive nature. urban buildings, spaces, and sectors, monuments, natural sites, trails, gardens or landscapes that constitute milestones for the identity of peoples or that have historical, artistic, archeological, ethnographic or paleontological value. documents, objects, collections, archives, libraries, and museums that have historical, artistic, archeological, ethnographic or paleontological value. artistic, scientific and technological creations. the cultural heritage assets of the state shall be unalienable, immune from seizure, and not subject to a statute of limitations. the state shall have priority right over the acquisition of cultural heritage assets and shall guarantee their protection. any damage shall be punishable by law. article 380 the following shall be responsibilities of the state: to safeguard, by means of permanent policies, the identification, protection, defense, preservation, restoration, dissemination and growth of the tangible and intangible cultural heritage, historical, artistic, linguistic and archeological wealth, the collective memory and the set of values and manifestations that constitute the plurinational, pluricultural, and multiethnic identity of ecuador. to promote the restitution and restoration of heritage assets that were plundered, lost or degraded and to ensure authorized copyright registration of mass media printed matter, audiovisual materials and electronic contents. to ensure that the circuits of distribution, public exhibition and mass dissemination do not condition or restrict the independence of creators, or the access of the public to national independent cultural and artistic creation. to establish policies and implement forms of teaching for the development of the artistic and creative vocation of persons of all ages, with priority given to children and adolescents. to support the practice of artistic professions. to establish incentives and stimuli for persons, institutions, companies and media to promote, support, develop, and fund cultural activities. to guarantee diversity in the supply of culture and to promote the national production of cultural assets, as well as their mass dissemination. to guarantee sufficient and timely funding for the implementation of cultural policy. section 6. physical education and leisure article 381 the state shall protect, promote and coordinate physical exercise, including sports, physical education and recreation, as an activity that contributes to health, the formation and integral development of persons; it shall promote massive access to sports and sports activities at the educational, neighborhood and parish level; it shall sponsor the preparation and participation of sportspersons in national and international competitions, including the olympic games and para-olympic games; and it shall foster the participation of persons with disabilities. the state shall guarantee the resources and infrastructure needed for these activities. the resources shall be subject to state control, accountability and must be distributed equitably. article 382 the autonomy of sports organizations and the administration of sports arenas and other facilities aimed at the practice of sports is recognized, in accordance with the law. article 383 the right of persons and communities to free time, the expansion of physical, social and environmental conditions for its enjoyment, and the promotion of activities for leisure, rest, and development of the personality is guaranteed. section 7. media article 384 communication as a public service shall be provided through public, private and community media entities. the media system shall ensure the exercise of the rights of communication, information and freedom of expression, and shall strengthen public participation. the system shall be comprised of public institutions and players, policies and the regulatory framework; and private players, citizens, and communities that voluntarily wish to be part of it. the state shall draft public policy for communication, with unrestricted respect for the freedom of expression and the rights of communication enshrined in the constitution and international human rights instruments. the law shall define its organization, functioning, and forms of public participation. section 8. science, technology, innovation and ancestral wisdom article 385 the national system of science, technology, innovation and ancestral wisdom, in the framework of respect for the environment, nature, life, cultures and sovereignty, shall have as its end purpose the following: to generate, adapt, and disseminate scientific and technological knowledge. to restore, strengthen and upgrade ancestral wisdom. to develop technologies and innovations that promote national production, raise efficiency and productivity, improve the quality of life and contribution to the achievement of the good way of living. article 386 the system shall be comprised of programs, policies, resources, actions and shall incorporate state institutions, universities and polytechnic schools, public and private research institutes, public and private enterprise, nongovernmental organizations and natural persons or legal entities, to the extent that they undertake activities of research, technological development, innovation and those linked to ancestral wisdom. the state, through the competent body, shall coordinate the system and set goals and policies, in conformity with the national development plan and with the participation of the players comprising it. article 387 the following shall be responsibilities of the state: to facilitate and promote incorporation into the knowledge society to achieve the objectives of the development system. to promote the generation and production of knowledge, to foster scientific and technological research, and to upgrade ancestral wisdom to thus contribute to the achievement of the good way of living (sumak kawsay). to ensure dissemination of and access to scientific and technological knowledge, the usufruct of discoveries and findings in the framework of what was established in the constitution and the law. to guarantee the liberty of creation and research in the framework of respect for ethics, nature, the environment, and restoration of ancestral wisdom. to recognize the status of researcher in accordance with the law. article 388 the state shall allocate the resources needed for scientific research, technological development, innovation, scientific training, restoration and development of ancestral wisdom, and the dissemination of knowledge. a percentage of these resources shall be earmarked for funding projects by means of competitive finds. organizations that receive public funding shall be subject to accountability and the respective state control. section 9. risk management article 389 the state shall protect persons, communities and nature against the adverse impacts of natural or manmade disasters by risk prevention, disaster mitigation, restoration and improvement of social, economic and environmental conditions, for the purpose of minimizing the condition of vulnerability. the national decentralized system for risk management is comprised of risk management units from all local, regional, and national public and private institutions. the state shall exercise leadership of the technical body established by law. it shall have the following main duties, among others: to identify existing and potential internal and external risks affecting the territory of ecuador. to generate, democratize the access to, and disseminate information that is sufficient and timely to adequately manage risk. to ensure that all public and private institutions obligatorily incorporate risk management as a cross-cutting issue in their planning and management. to build up among the citizenry and in public and private institutions capacities to identify risks that are inherent to their respective spheres of action, to report about them, and incorporate actions aimed at reducing them. to articulate institutions so they will coordinate actions to prevent and mitigate risks, as well as address them, recover and improve conditions prior to the occurrence of the emergency or disaster. to undertake and coordinate the actions needed to reduce vulnerabilities and prevent, mitigate, tackle, and recover from possible adverse impacts stemming from disasters or emergencies on the country's territory. to guarantee sufficient and timely funding to ensure functioning of the system and to coordinate international cooperation aimed risk management. article 390 risks shall be managed on the basis of the principle of subsidiary decentralization, which shall imply the direct responsibility of the institutions in their geographical area. when their capacities for risk management are insufficient, the institutions with the broadest territorial scope and greatest technical and financial capacity shall provide the support needed with respect to their authority in the territory and without relieving them of their responsibility. section 10. population and human mobility article 391 the state shall draft and implement demographic policies that contribute to balanced territorial and inter-generational development and guarantee protection of the environment and security of the population, in the framework of respect for self-determination of persons and diversity. article 392 the state shall safeguard the rights of persons with respect to human mobility and shall exercise leadership of migration policy through the competent body, in coordination with the different levels of government. the state shall design, adopt, implement, and evaluate policies, plans, programs, and projects and shall coordinate the action of its bodies with that of other states and civil society organizations that work on human mobility at the national and international levels. section 11. human safety article 393 the state shall guarantee human safety by means of integrated policies and actions to ensure the peaceful coexistence of persons, to promote a culture of peace and to prevent forms of violence and discrimination and the perpetration of offenses and crimes. the planning and application of these policies shall be entrusted to specialized bodies at the different levels of government. section 12. transportation article 394 the state shall guarantee the freedom of overland, air, sea, and river transport within the country's territory, without privileges of any kind. the promotion of mass public transportation and the adoption of a policy for differentiated transportation rates shall be a priority. the state shall regulate overland, air, and water transportation and airport and seaport activities. chapter 2. biodiversity and natural resources section 1. nature and the environment article 395 the constitution recognizes the following environmental principles: the state shall guarantee a sustainable model of development, one mat is environmentally balanced and respectful of cultural diversity, conserves biodiversity and the natural regeneration capacity of ecosystems, and ensures meeting the needs of present and future generations. environmental management policies shall be applied cutting across all sectors and dimensions and shall be mandatorily enforced by the state at all of its levels and by all natural persons or legal entities in the country's territory. the state shall guarantee the active and permanent participation of affected persons, communities, peoples and nations in the planning, implementation and monitoring of all activities exerting environmental impacts. in the event of doubt about the scope of legal provisions for environmental issues, it is the most favorable interpretation of their effective force for the protection of nature that shall prevail. article 396 the state shall adopt timely policies and measures to avoid adverse environmental impacts where there is certainty about the damage. in the case of doubt about the environmental impact stemming from a deed or omission, although there is no scientific evidence of the damage, the state shall adopt effective and timely measures of protection. responsibility for environmental damage is objective. all damage to the environment, in addition to the respective penalties, shall also entail the obligation of integrally restoring the ecosystems and compensating the affected persons and communities. each one of the players in the processes of production, distribution, marketing and use of goods or services shall accept direct responsibility for preventing any environmental impact, for mitigating and repairing the damages caused, and for maintaining an ongoing environmental monitoring system. the legal proceedings to prosecute and punish those responsible for environmental damages shall not be subject to any statute of limitations. article 397 in case of environmental damages, the state shall act immediately and with a subsidiary approach to guarantee the health and restoration of ecosystems. in addition to the corresponding sanction, the state shall file against the operator of the activity that produced the damage proceedings for the obligations entailing integral reparation, under the conditions and on the basis of the procedures provided for by law. the responsibility shall also pertain to the public servants responsible for carrying out environmental monitoring. to guarantee the individual and collective right to live in a healthy and ecologically balanced environment, the state pledges: to permit any natural person or legal entity, human community or group, to file legal proceedings and resort to judicial and administrative bodies without detriment to their direct interest, to obtain from them effective custody in environmental matters, including the possibility of requesting precautionary measures that would make it possible to end the threat or the environmental damage that is the object of the litigation. the burden of proof regarding the absence of potential or real danger shall lie with the operator of the activity or the defendant. to establish effective mechanisms to prevent and control environmental pollution, restore degraded natural spaces, and to provide for the sustainable management of natural resources to regulate the production, import, distribution, use, and final disposal of materials that are toxic and hazardous to persons or the environment. to ensure the intangibility of protected natural areas, so as to guarantee the conservation of biodiversity and the maintenance of the ecological functions of the ecosystems. the state shall be in charge of management and administration of protected natural areas. to establish a national prevention, risk management and natural disaster system based on the principles of immediateness, efficiency, precaution, responsibility and solidarity. article 398 all state decision or authorization that could affect the environment shall be consulted with the community, which shall be informed fully and on a timely basis. the consulting subject shall be the state. the law shall regulate prior consultation, public participation, time-limits, the subject consulted and the appraisal and objection criteria used with regard to the activity that is being submitted to consultation. the state shall take into consideration the opinion of the community on the basis of the criteria provided for by law and international human rights instruments. if the above-mentioned consultation process leads to majority opposition by the respective community, the decision whether to implement or not the project shall be adopted by a resolution that is duly substantiated by the corresponding higher administrative body in accordance with the law. article 399 the full exercise of state guardianship over the environment and joint responsibility of the citizenry for its conservation shall be articulated by means of a decentralized national environmental management system, which shall be in charge of defending the environment and nature. section 2. biodiversity article 400 the state shall exercise sovereignty over biodiversity, whose administration and management shall be conducted on the basis of responsibility between generations. the conservation of biodiversity and all of its components are declared to be of public interest, especially agricultural and wildlife biodiversity and the country's genetic assets. article 401 ecuador is declared free of transgenic crops and seeds. exceptionally, only in the interest of the nation as duly substantiated by the president of the republic and adopted by the national assembly, can genetically modified seeds and crops be introduced into country. the state shall regulate, using stringent standards of biosecurity, the use and development of modern biotechnology and its products, as well as their experimentation, use and marketing. the application of risky or experimental biotechnologies is forbidden. article 402 the granting of rights, including intellectual property rights, to byproducts or synthetics obtained from collective knowledge associated with national biodiversity is forbidden. article 403 the state shall not make commitments to cooperation agreements or accords that include clauses that undermine the conservation and sustainable management of biodiversity, human health, collective rights and rights of nature. section 3. natural assets and ecosystems article 404 the unique and priceless natural assets of ecuador include, among others, the physical, biological and geological formations whose value from the environmental, scientific, cultural or landscape standpoint requires protection, conservation, recovery and promotion their management shall be subject to the principles and guarantees enshrined in the constitution and shall be conducted in accordance with land use planning and ecological zoning, in compliance with the law. article 405 the national system of protected areas shall guarantee the conservation of biodiversity and the maintenance of ecological functions. the system shall be comprised of state, decentralized autonomous, community and private subsystems, and it shall be directed and regulated by the state. the state shall allocate the financial resources needed to ensure the system's financial sustainability and shall foster the participation of the communities, peoples, and nations who have their ancestral dwelling places in the protected areas in their administration and management. foreign natural persons or legal entities will not be able to acquire any land deeds or concessions in areas of national security or protected areas, in accordance with the law. article 406 the state shall regulate the conservation, management and sustainable use, recovery, and boundaries for the domain of fragile and threatened ecosystems, including among others, high andean moorlands, wetlands, cloud forests, dry and wet tropical forests and mangroves, marine ecosystems and seashore ecosystems. article 407 activities for the extraction of nonrenewable natural resources are forbidden in protected areas and in areas declared intangible assets, including forestry production exceptionally, these resources can be tapped at the substantiated request of the president of the republic and after a declaration of national interest issued by the national assembly, which can, if it deems it advisable, convene a referendum. all types of metal mining are prohibited in any of its phases in protected areas, urban centers and intangible areas. section 4. natural resources article 408 nonrenewable natural resources and, in general, products coming from the ground, mineral and petroleum deposits, substances whose nature is different from that of the soil, including those that are located in areas covered by territorial sea waters and maritime zones, as well as biodiversity and its genetic assets and the radio spectrum, are the unalienable property of the state, immune from seizure and not subject to a statute of limitations. these assets can only be produced in strict compliance with the environmental principles set forth in the constitution. the state shall participate in profits earned from the tapping of these resources, in an amount that is no less than the profits earned by the company producing them. the state shall guarantee that the mechanisms for producing, consuming and using natural resources and energy conserve and restore the cycles of nature and make it possible to have living conditions marked by dignity. section 5. soil article 409 soil conservation, especially its fertile layer, is a matter of public interest and national priority. a regulatory framework shall be established for its protection and sustainable use to prevent its degradation, in particular as a result of pollution, desertification, and erosion. in areas affected by processes of degradation and desertification, the state shall develop and promote forestation, reforestation, and revegetation projects that avoid single-crop farming and preferably use native species adapted to the area. article 410 the state shall provide farmers and rural communities with support for soil conservation and restoration, as well as for the development of farming practices that protect and promote food sovereignty. section 6. water article 411 the state shall guarantee the conservation, recovery and integral management of water resources, watersheds and ecological flows associated with the water cycle. ah activities that can affect the quality and amount of water and the equilibrium of ecosystems shall be regulated, especially in water replenishment sources and zones. the sustainability of ecosystems and human consumption shall be priorities in water use and development. article 412 the authority in charge of managing water shall be responsible for its planning, regulation, and control this authority shall cooperate and coordinate with the authority in charge of environmental management to guarantee water management based on an ecosystemic approach. section 7. biosphere, urban ecology, and alternative sources of energy article 413 the state shall promote energy efficiency, the development and use of environmentally clean and healthy practices and technologies, as well as diversified and low-impact renewable sources of energy that do not jeopardize food sovereignty, the ecological balance of the ecosystems or the right to water. article 414 the state shall adopt adequate and cross-cutting measures for the mitigation of climate change, by limiting greenhouse gas emissions, deforestation, and air pollution; it shall take measures for the conservation of the forests and vegetation; and it shall protect the population at risk. article 415 the central state and decentralized autonomous governments shall adopt integral and participatory policies for urban development and land use planning that make it possible to regulate urban growth, manage urban fauna, and promote the establishment of green areas. decentralized autonomous governments shall develop programs for the rational use of water, the reduction of recycling and the adequate treatment of solid and fluid waste. non-motorized overland transportation shall be promoted and facilitated, especially with establishment of bike lanes. title viii. international relations chapter 1. principles governing international relations article 416 ecuador's relations with the international community shall respond to the interests of the ecuadorian people, to which those persons in charge of these relations and their executors shall be held accountable, and as a result: it proclaims the independence and legal equality of the states, peaceful coexistence, and the self-determination of the people, as well as cooperation, integration, and solidarity. it advocates the peaceful settlement of disputes and international conflicts and rejects the use of threats and force to settle the above. it condemns the interference of states in the domestic affairs of other states and any kind of intervention, whether armed raids, aggression, occupation or economic or military blockade. it promotes peace and universal disarmament; it condemns the development and use of weapons of mass destruction and the imposition of bases or facilities for military purposes by certain states on the territory of others. it recognizes the rights of the various peoples living together in the states, especially the right to promote mechanisms that express, preserve, and protect the diverse character of their societies and rejects racism, xenophobia and all forms of discrimination. it advocates the principle of universal citizenship, the free movement of all inhabitants of the planet, and the progressive extinction of the status of alien or foreigner as an element to transform the unequal relations between countries, especially those between north and south. it demands observance of human rights, especially the rights of migrant persons, and promotes their full enjoyment by complying with the obligations pledged with the signing of international human rights instruments. it condemns all forms of imperialism, colonialism, and neocolonialism and recognizes the right of peoples to resist and free themselves from all forms of oppression it recognizes international law as a standard of conduct and calls for the democratization of international institutions and the equitable participation of states inside these institutions. it promotes the establishment of a multipolar global order with the active participation of regional economic and political blocs and the strengthening of horizontal ties to build a fair, democratic, jointly supportive, diverse and intercultural world. it promotes as a priority the political, cultural, and economic integration of the andean region, south america, and latin america. it fosters a new trade and investment system among states, one that is based on justice, solidarity, complementariness, the creation of international mechanisms to monitor multinational corporations and the establishment of an international financial system that is fair, transparent and equitable. it rejects converting disputes with foreign private companies into conflicts between states. it promotes the creation, ratification, and enforcement of international instruments for the conservation and regeneration of the life cycles of the planet and biosphere. chapter 2. international treaties and instruments article 417 the international treaties ratified by ecuador shall be subject to the provisions set forth in the constitution. in the case of treaties and other international instruments for human rights, principles for the benefit of the human being, the nonrestriction of rights, direct applicability, and the open clause as set forth in the constitution shall be applied. article 418 the president is responsible for signing or ratifying treaties and other international instruments. the president of the republic shall inform the national assembly immediately of all the treaties he/she signs, with a precise description of its nature and content. a treaty can only be ratified for its subsequent clearance or deposit, ten days after the assembly has been notified of it. article 419 the ratification or denunciation of international treaties shall require prior approval by the national assembly in the following cases: when referring to territorial or border delimitation matters. when forging political or military alliances. when they involve a commitment to enact, amend or repeal a law. when they refer to the rights and guarantees provided for in the constitution. when they bind the state's economic policy in its national development plan to conditions of international financial institutions or transnational companies. when they commit the country to integration and trade agreements. when they attribute powers of a domestic legal nature to an international or supranational organization. when they compromise the country's natural heritage and especially its water, biodiversity and genetic assets. article 420 the ratification of treaties can be requested by referendum, citizen initiative or the president of the republic. denunciation of a treaty that has been adopted shall pertain to the president of the republic. in the event of denunciation of a treaty adopted by the citizenry in a referendum, the same procedure that adopted the treaty shall be required. article 421 the application of international trade instruments shall not undermine, either directly or indirectly, the right to health, access to medicine, inputs, services or scientific and technological breakthroughs. article 422 treaties or international instruments where the ecuadorian state yields its sovereign jurisdiction to international arbitration entities in disputes involving contracts or trade between the state and natural persons or legal entities cannot be entered into. the treaties and international instruments that provide for the settlement of disputes between states and citizens in latin america by regional arbitration entities or by jurisdictional organizations designated by the signatory countries are exempt from this prohibition. judges of the states that, as such or their nationals, are part of the dispute cannot intervene in the above. in the case of disputes involving the foreign debt, the ecuadorian state shall promote arbitration solutions on the basis of the origin of the debt and subject to the principles of transparency, equity, and international justice. chapter 3. latin american integration article 423 integration, especially with latin american and caribbean countries, shall be a strategic objective of the state. in all integration bodies and processes, the ecuadorian state shall pledge: to promote economic, equitable, joint and united, and mutually supportive integration; productive, financial, and monetary unity, the adoption of a common international economic policy, the fostering of compensatory policies to overcome regional asymmetries; and regional trade, with emphasis on goods with a high added value. to promote joint strategies for the sustainable management of natural assets, especially the regulation of extraction activities; sustainable energy cooperation and complementation; the conservation of biodiversity, ecosystems, and water; research, scientific development and exchange of knowledge and technology, and the implementation of coordinated food sovereignty strategies. to strengthen the harmonization of national laws, with emphasis on labor, migratory, border, environmental, social, educational, cultural and public health rights and systems, in accordance with the principles of progressivity and non-regressivity. to protect and promote cultural diversity, the exercise of interculturalism, the preservation of the cultural heritage and common memory of latin america and the caribbean, as well as the establishment of communication networks and a common market for cultural industries. to propitiate the creation of latin american and caribbean citizenship; the free circulation of persons in the region; the implementation of policies that guarantee human rights of the people living along borders and refugees; and the common protection of latin american and caribbean citizens in countries of migratory transit and destination. to promote a common defense policy that consolidates a strategic alliance to strengthen the sovereignty of the countries and the region. to favor the consolidation of supranational organizations comprised of the states of latin america and the caribbean, as well as the signing of treaties and other international instruments for regional integration. title ix. supremacy of the constitution chapter 1. principles article 424 the constitution is the supreme law of the land and prevails over any other legal regulatory framework. the standards and acts of public power must be upheld in conformity with the provisions of the constitution; otherwise, they shall not be legally binding. the constitution and international human rights treaties ratified by the state that recognize rights that are more favorable than those enshrined in the constitution shall prevail over any other legal regulatory system or action by public power. article 425 the order of precedence for the application of the regulations shall be as follows: the constitution; international treaties and conventions; organic laws; regular laws; regional regulations and district ordinances; decrees and regulations; ordinances; agreements and resolutions; and the other actions and decisions taken by public authorities. in the event of any conflict between regulations from different hierarchical levels, the constitutional court, judges, administrative authorities and public servants, it shall be settled by the application of the standard of higher order of precedence. the regulatory order of precedence shall take into consideration, in what pertains to it, the principle of jurisdiction, especially the entitlement to exclusive jurisdiction of decentralized autonomous governments. article 426 all persons, authorities and institutions are subject to the constitution. the judges, administrative authorities, and public servants shall directly apply constitutional standards and those provided for in international human rights instruments, as long as the latter are more favorable than those set forth in the constitution, although the parties do not invoke them expressly. the rights enshrined in the constitution and international human rights instruments shall be for immediate observance and enforcement. the absence of a law or lack of knowledge about the norms cannot be alleged to justify the violation of rights and guarantees enshrined in the constitution, to dismiss proceedings for their defense, or to refuse recognition of these rights. article 427 constitutional provisions shall be interpreted by the literal meaning of its wording that is mostly closely in line with the constitution as a whole. in the event of any doubt, it is the most favorable interpretation of the full and effective force of rights and that best respects the will of the constituent, in accordance with the general principles of constitutional interpretation, that shall prevail. article 428 when a judge, by virtue of his/her office or at the request of a party, considers that a legal norm is contrary to the constitution or to international human rights instruments that provide for rights that are more favorable than those enshrined in the constitution, it shall suspend the case and refer it for consultation to the constitutional court, which within no more than forty-five (45) days shall rule on the constitutionality of the norm. if the court issues no ruling within the established time-limits, the affected party is entitled to file the corresponding complaint. chapter 2. constitutional court article 429 the constitutional court is the supreme body for controlling, constitutionally interpreting and administering justice in this matter. it exercises national jurisdiction and its seat is in the city of quito. the decisions related to the attributions provided for in the constitution shall be adopted by the plenary of the court. article 430 the constitutional court shall enjoy administrative and financial autonomy. the law shall determine how it is organized, how it functions and the procedures for performing its duties. article 431 the members of the constitutional court shall not be subject to impeachment, nor can they be removed from office by those who appoint them. nevertheless, they shall be subject to the same controls as other public authorities and shall be answerable for all their deeds or omissions in the performance of their duties. without detriment to civil liability, in the event of criminal liability, they shall be charged by the attorney-general of the nation and tried by the full national court of justice, for which purpose a vote comprised of two third of its members shall be required. their dismissal shall be decided upon by two thirds of the members of the constitutional court. the procedures, requirements, and causes shall be determined by law. article 432 the constitutional court shall be comprised of nine members, who shall perform their duties in the plenary court and in chambers in accordance with the law. they shall hold office for a term of nine years, without entitlement to immediate reelection, and two thirds of them shall be renewed every three years. the law shall determine the replacement mechanism in the case a standing member is absent. article 433 to be designated member of the constitutional court, the following shall be required: to be an ecuadorian national and in possession of political rights. to hold a university degree in law, legally recognized in the country. to have practiced with notable rectitude the profession of attorney-at-law, judge or university instructor in law for a minimum often years to demonstrate probity and ethics. to not belong or have belonged, over the past ten years, to the executive board of any political party or movement. the law shall provide for the procedure to accredit these requirements. article 434 the members of the constitutional court shall be designated by a qualification commission comprised of two persons appointed by each one of the following branches of government: the legislative, the executive, and transparency and social monitoring. members shall be elected from among the candidates submitted by the above-mentioned branches of government, through a public examination process, with citizen oversight and option for challenging the process. in the membership of the court, efforts shall be made to ensure parity between men and women. the procedure, terms and other elements of selection and qualification shall be determined by law. article 435 the constitutional court shall select from among its members a chair and vice-chair, who shall hold office for three years and who cannot be re-elected immediately. the chair shall act as the legal representative of the constitutional court. article 436 the constitutional court shall perform the following duties, in addition to those granted to it by the law: to be the supreme body for interpreting the constitution and international human rights treaties ratified by the ecuadorian state by its rulings and judgments. its decisions shall be binding. to hear and resolve public claims of unconstitutionality, based either on substantive or procedural grounds, filed against general regulatory acts issued by authorities of the state. the declaration of unconstitutionality shall lead to invalidation of the challenged regulatory act. to declare, by virtue of its office, unconstitutional those norms that are related, when in those cases submitted to its examination it concludes that one or various of them are contrary to the constitution. to hear and resolve, at the request of a party, claims of unconstitutionality against general administrative acts issued by all public authorities. the declaration of unconstitutionality shall lead to the invalidity of the challenged administrative act. to hear and resolve, at the request of the party, claims of noncompliance that are filed to guarantee enforcement of general administrative regulations or acts, regardless of their nature or hierarchy, as well for enforcement of rulings or reports from international organizations for the protection of human rights that are not enforceable through regular judiciary channels. to issue judgments that constitute binding case law with respect to actions of protection, enforcement, habeas corpus, habeas data, access to public information and other constitutional processes, as well as those cases selected by the court for review. to arbitrate conflicts of jurisdictions or attributions among the branches of government or bodies established by the constitution. to ensure, by virtue of its office and immediately, monitoring of the constitutionality of the declarations of state of emergency, when this involves the suspension of constitutional rights. to hear and sanction failure to comply constitutional rulings and decisions. to declare the unconstitutionality incurred by state institutions or public authorities that fail to observe, either totally or partially, the mandates contained in constitutional norms, within the time-limits set by the constitution or within the time-limits deemed to be reasonable by the constitutional court. if this failure persists, after this time-limit has elapsed, the court shall provisionally issue the regulation or enforce the observance, in accordance with the law. article 437 citizens individually or collectively shall be entitled to file a special petition for protection against judgments, final writs or resolutions that have the force of sentencing. for ruling on the admissibility of this appeal, the court shall check compliance with the following requirements: that the judgments, writs and resolutions are final and fully enforceable. that the complainant shows that, in the judgment, there has been a breach, either by deed or omission, of due process of law or other rights enshrined in the constitution. article 438 the constitutional court shall issue a prior and binding ruling of constitutionality in the following cases, in addition to those stipulated by the law: international treaties, prior to their ratification by the national assembly. calls to referendums nationwide or of decentralized autonomous governments. objections of unconstitutionality presented by the president of the republic in the processing of drafting laws. article 439 constitutional proceedings can be filed by a citizen individually or collectively. article 440 the rulings and decisions by the constitutional court shall be final and without recourse to appeal. chapter 3. amending the constitution article 441 the amendment of one or various articles of the constitution that does not alter the fundamental structure or the nature and constituent elements of the state, does not set constraints on rights and guarantees, and does not change the procedure for amending the constitution shall be carried out as follows: by means of a referendum requested by the president of the republic or by the citizenry with the backing of at least eight percent (8%) of the persons registered in the voter registration list. at the initiative of a number accounting for no less than one third of the members of the national assembly. the bill of amendment shall be processed in two discussions; the second discussion shall be held, without delay, no later than thirty (30) days after a year has elapsed since the start of the first debate. the amendment shall only be adopted if it is supported by two thirds of the members of the national assembly. article 442 partial amendment not entailing any constraint on constitutional rights and guarantees or changing the procedure for amending the constitution shall take place at the initiative of the president of the republic or at the request of the citizenry with the backing of at least one percent (1%) of all citizens registered on the voter registration list or by a resolution passed by a majority of the members of the national assembly. the constitutional amendment initiative shall be processed by the national assembly in at least two discussions. the second discussion shall take place ninety (90) days at the latest after the first. the draft amendment shall be approved by the national assembly. once the bill for the constitutional amendment has been approved, a referendum shall be called within the following forty-five (45) days. for approval of the referendum, at least one half plus one of the valid votes cast shall be required. once the amendment has been adopted by the referendum, within the seven following days, the national electoral council shall order its publication. article 443 the constitutional court shall rule which of the procedures provided for in the present chapter pertains to each case. article 444 installation of a constituent assembly can only be called by referendum. this referendum can be requested by the president of the republic, by two thirds of the national assembly or by twelve percent (12%) of the persons registered on the voter registration list. the referendum must include how representatives must be elected and the rules for the electoral process. the new constitution, for its entry into force, shall require adoption by referendum with half plus one of all valid ballots cast. transitory provisions the legislative body, within a term of one hundred twenty (120) days as of the entry into force of this constitution, shall pass the law that develops the system for food sovereignty, the electoral law, the law governing the judicial branch, the judiciary council, and the law that governs the council for public participation and social control within a maximum term of three hundred sixty (360) days, the following laws shall be passed: the law governing the functioning of the constitutional court and the procedures for monitoring constitutionality. the law governing water resources, water use and development, which shall include permits for current and future water use and development, their terms of duration, conditions, mechanisms for review and audit, to ensure the formalization and equitable distribution of this national asset. the law governing public participation. the law on communication. the law governing education, higher education, culture and sports. the law governing public services. the law governing the office of the attorney for the defense of the people. the laws organizing data registration, in particular the vital statistics, mercantile and property registries. in any case, systems for cross-checking data and national databases shall be established. the law governing territorial decentralization of the various levels of government and the system of jurisdictions, which shall incorporate procedures for the calculation and annual distribution of funds that decentralized autonomous governments shall be receiving from the general budget of the state. this law shall set the time-limits for establishing autonomous regions. criminal law and the law for criminal procedures in military and police affairs. the law governing public security and the state. the legal regulatory structure needed for the development of the constitution shall be adopted during the first term of office of the national assembly. the legislative body, within thirty (30) days after the entry into force of the present constitution, shall designate, on the basis of a competitive and merit-based public examination, subject to the submittal of candidates, oversight and challenge by the public, the council persons of the first council for public participation and social control, who shall remain provisionally in office until enactment of the corresponding law. in this process, the norms and principles set forth in the constitution shall be applied. the transition council shall remain in office until the law governing its organization and functioning is passed and, within one hundred twenty (120) days, it shall draft the respective bill for consideration by the legislative body. the public servants of the commission for civic control of corruption and the national anti-corruption secretariat, whose appointment and recall are not discretionary, shall become members of the council for public participation and social control the existing superintendencies shall continue to hold office until the legislative body issues the respective laws. the public servants of national congress, except for those whose appointment and recall are discretionary, shall be transferred to provide their services to the national assembly. the assets of the national congress shall become part of the assets of the national assembly. the staff of officials and employees of the constitutional tribunal, except for those whose appointment and recall are discretionary, shall be transferred to the constitutional court, subject to a process of evaluation and selection. the assets of the constitutional tribunal shall be transferred to the constitutional court. the national publishing company and the official register shall be transformed into a state enterprise, which shall be autonomous, in conformity with the provisions of the present constitution and the law. their staff, assets and budget shall be transferred to the new institution. the national councils for children and adolescents, persons with disabilities, women, indigenous peoples and nations, afro-ecuadorians and coastal back-country people (montubios) shall establish their own national councils for equality, for which purposes they shall adjust their structure and duties in line with the constitution. job security shall be ensured for the officials and employees of the current supreme court of justice, national judiciary council, superior courts, district courts for administrative and fiscal dispute settlement, fiscal courts and criminal courts, who shall be relocated to posts of a similar rank and salary in the judiciary council, the national court of justice, the provincial courts and tribunals, respectively. the proceedings that are being ruled admissible by the members of the supreme court of justice, as well as those that are being heard by police and military courts, shall be transferred to and resolved by the national court of justice. the judiciary council, within a term of no less than three hundred sixty (360) days as of its establishment, shall implement a new notary public service, in conformity with the present constitution and the law. as of the entry into force of the present constitution, the terms of office of standing, temporary, interim or alternate appointments of notary public attorneys are declared terminated. within the term indicated in the first paragraph, invitations shall be made to public competitive and merit-based examinations for these offices, in conformity with the new constitutional framework. while these examinations are being conducted, the notary public attorneys shall remain in extended office until they are legally replaced. the facilities and documents of the notary offices belonging to the current notary structure shall be transferred to the new notary service. during the transition period, the criminal defense service shall continue to be under the ministry of justice, through the transitory unit for the management of the office of the criminal attorney for the defense of the people, on whose technical grounds the office of the attorney for the defense of the people shall be organized, which must be established within two years, with priority given to public criminal defense, the defense of children and adolescents, and labor cases. during the third year of office, lots shall be drawn among those who become members of the first national electoral council and the first electoral dispute settlement court, to determine who among their members should be replaced in conformity with the rule of partial renewal provided for by the present constitution. the drawing of lots shall take place at a session where the invitation for the corresponding knowledge-based eliminatory public examinations and the competitive and merit-based public examinations is approved. the officials and employees of the electoral supreme court and provincial electoral courts, whose appointment and recall are not discretionary, shall continue to hold office in the electoral branch of government and shall be subject to a process of selection and qualification in line with the needs of the new institutions. in each province, electoral boards answerable to the national electoral council shall be temporarily established and they shall perform the duties that the latter instructs them to, as well as those stipulated by law. there shall be no lower-ranking bodies of the electoral dispute settlement court. within forty-five days after the entry into force of the present constitution, political parties and movements shall have to register once again with the national electoral council and shall be able to keep their names, symbols and number. the eradication of illiteracy shall constitute a state policy and, as long as this illiteracy persists, voting by illiterate persons shall be optional. on the basis of the general budget of the state for the year 2009, the amount of transfers from the central state to decentralized autonomous governments shall not be, in any case, lower than the amount allocated in the budget of financial year 2008. the assets and liabilities, the officials and employees of the provincial council of galapagos and the national institute of galapagos shall be transferred to the government council of the special governance system for the galapagos. to settle conflicts involving territorial boundaries and matters of national belonging, the respective reports shall be submitted to the office of the president of the republic, which within two years as of the entry into force of the present constitution shall submit, to the legislative body, the bill for setting territorial boundaries and, if appropriate, shall call for a referendum to settle conflicts of belonging. the central state, within two years after the entry into force of the present constitution, shall finance and, in coordination with decentralized autonomous governments, shall draw up the geodesic map of the nation's territory for establishing the urban and rural sector land registries (cadastres) for real estate property and land use planning processes at all levels as stipulated in the constitution. the state shall progressively allocate public resources from the general budget of the state for initial basic education and secondary education leading to a high school diploma, with annual increments of at least zero point five percent (0.5%) of gross domestic product (gdp) until the share amounts to six percent (6%) of gdp. until adoption of the general budget of the state the year after the entry into force of the present constitution, the state shall compensate public universities and polytechnic schools for the amount they shall no longer be receiving from charging tuition, registration fees, and other charges connected to the schooling of students. as of this moment, this funding shall appear in the general budget of the state. upon evaluation, only those private universities that, at the time of the entry into force of the present constitution, are receiving allocations and revenues from the state, in accordance with the law, shall be entitled to continue receiving them in the future. these entities must submit reports accounting for the public funding received and shall allocate the resources provided by the state to grant scholarships to students from low-income households from the start of the course of studies. the state shall conduct a comprehensive assessment of the one-teacher and multi-teacher public schools and shall adopt measures aimed at overcoming the precarious conditions of these schools and guaranteeing the right to education. in the course of three years, the state shall conduct an assessment of the functioning, final purpose and quality of public education processes and shall draw up adequate policies to improve and regularize the faculty. the executive branch shall set up an advanced institute aimed at promoting the practice of teaching and managerial, administrative, and support jobs in the national education system. the national educational authority shall be at the head of the institute in terms of academic, administrative, and financial duties. within five years as of the entry into force of the present constitution, all institutions of higher learning, as well as professional training courses, study programs and graduate programs must be evaluated and accredited in accordance with the law. if they do not pass the evaluation and accreditation, then they shall be outside the system of higher education. the state shall encourage public sector teachers and instructors to retire by paying them compensation depending on their age and years of service. the maximum compensation shall amount to one hundred fifty (150) consolidated minimum wages for private-sector employees and to five consolidated minimum wages for the private-sector employee in general for years of service. the law shall govern the procedures and methods of calculation. the general budget of the state aimed at funding the national health system shall be increased every year by a percentage of no less man zero point five percent (0.5%) of gross domestic product (gdp) until it accounts for at least four percent (4%) of gdp. within one hundred eighty (180) days as of adoption of the present constitution, a financial institution shall be created, owned by the ecuadorian social security institute and responsible for the management of its funds, governed by investment banking criteria, for the purpose of creating jobs and added value. within a maximum term of thirty (30) days as of adoption of the present constitution, the executive branch shall set up a commission to conduct an audit of radio and television broadcasting frequency concessions, the report of which shall be submitted within a maximum term of one hundred eighty (180) days. the annual review of the minimum wage shall be conducted on the basis of a progressive scale until a decent wage is achieved, in accordance with the provisions of the present constitution. the minimum wage shall tend to be equivalent to the cost of the basic household shopping basket. universal retirement for the elderly shall be applied progressively. within three hundred sixty (360) days as of the entry into force of the present constitution, the concessions for the public services of water and sanitation shall be audited financially, legally, environmentally and socially. the state shall decide the term of validity, the renegotiation and, if appropriate, the termination of these concession contracts, in accordance with the provisions of the present constitution and on the basis of the results of the audits. users living in extreme poverty shall be forgiven any water use debts they might have incurred up until the entry into force of the present constitution. the executive branch, within two years after the entry into force of the present constitution, shall review the situation of access to irrigation water for the purpose of granting concessions, avoiding abuse and inequity in the fees charged for water use, and guaranteeing more equitable distribution and access, especially for small and medium-sized farm and cattle producers. the law governing the participation of decentralized autonomous governments in the share of the production or industrialization of nonrenewable natural resources cannot reduce the revenues provided for by law 010 of the fund for the ecological development of the amazon region and the capacity building of its local bodies or those provided for by the law allocating five percent (5%) of the revenues earned from the sale of electric power generated by the hydropower stations of paute, pisayambo and agoyan (law 047) for the benefit of the provinces of azuay, canar, morona santiago, and tungurahua. shares and equity interests owned by the financial systemâ��s private entities, or by national private media entities, their directors and principal shareholders in entities from a different industry, shall be sold within a period of one year after the enactment of this reform in a referendum. the shares held by the legal entities of the financial sector, their legal representatives and the members of their boards of directors and shareholders who have a share in the paid-in capital of the media must be expropriated within two years as of the entry into force of the present constitution. the solidarity fund, within three hundred sixty (360) days, prior to its liquidation, shall transform into state enterprises all those private-sector enterprises in which it is a shareholder. to this end, it shall order that these enterprises previously carry out a detailed inventory of their assets and liabilities and immediately outsource the implementation of audits, whose results shall serve as the groundwork for their transformation. the state shall guarantee the funding of the social services provided by the solidarity fund, especially those ensuring free maternity and child care services, as well as the resources earmarked by this institution for human development programs currently being implemented, until their completion. financial investments and disposable cash assets of the solidarity fund shall be reinvested at the time of its termination in the state enterprises that are created or they shall be transferred to the central state. the remaining assets of the solidarity fund shall be transferred to the institution that is set up by executive decree. investment projects in the electric power and telecommunication sectors that are approved and being implemented in keeping with constitutional mandate number nine shall be transferred to the electric power and telecommunication utilities that are established by virtue of the present transitory provision, with the balances of the respective budget allocations earmarked for their completion and liquidation. once the above provisions have been complied with and within a maximum term of three hundred sixty (360) days, the solidarity fund shall be terminated. general provisions articles 2, 4, and the second transitory provision of the constitutional amendments approved on december 3, 2015, by the national assembly are left without effect from their approval. popularly elected authorities that have already been re-elected since the montecristi constitution came into force will not be able to run for the same office. repeal provision the political constitution of the republic of ecuador published in official register number one on the eleventh of august 1998, and all provisions contrary to the present constitution are hereby repealed. the remaining legal structure shall remain in force as long as it is not contrary to the constitution. transition system chapter 1. nature of the transition article 1 if the people adopt, in a ratification referendum, the political constitution of the republic, the provisions set forth in the present transition system shall be applied. chapter 2. elections article 2. responsibility for elections the process of electing public officials indicated in the present transition provisions shall be organized and directed by the national electoral council. article 3. general elections the national electoral council, in a maximum term of thirty (30) days as of its investiture, on the basis of the provisions of the law, shall convene general elections to designate the following public offices: president and vice-president of the republic. five (5) representatives to the andean parliament. members of the national assembly elected by provincial districts, the national district and the special district for those living abroad. in each province, two assembly persons shall be elected, plus one assembly person for every two hundred thousand (200,000) inhabitants or fraction over fifty thousand (50,000); fifteen (15) national assembly persons; and six (6) for ecuadorians residing abroad, on the basis of the following breakdown: two for europe, the pacific rim and asia; two for canada and the united states; and two for latin america, the caribbean and africa. provincial prefects and deputy prefects. mayors. five (5) and a maximum of fifteen (15) council persons in each canton, as provided for in article 27 of the organic law of the municipal system. five (5) members in each one of the rural parish boards, and the one obtaining the highest number of votes cast shall be chair. application of the above provisions shall be based on the latest population census. article 4. submittal of candidacies in these elections, political organizations and alliances participating in the election of assembly persons shall be entitled to submit candidacies. other political organizations are also entitled to submit candidacies, for which purpose they must show support based on a list of signatures accounting for one percent (1%) of the citizens on the corresponding voter registration list. to this end, the national electoral council shall provide the necessary forms. the mum-persons candidacies shall be submitted in complete slates with principal candidates and their respective alternates. the slates shall be established in an egalitarian fashion with a sequence of woman, man or man, woman until the total number of candidates has been completed. article 5. form of voting voters shall choose the candidates of their choice as follows: on the ballots for president and vice-present, members of the andean parliament, prefects and deputy prefects, and mayors, by checking the box on the slate. on the ballots for national assembly persons, provincial assembly persons, assembly persons from the special district of persons living abroad, council persons and members of rural parish boards, by checking the boxes of the candidates from one or various slates. article 6. allocation of seats to award seats, the following provisions shall be applied: in the elections of president and vice-president of the republic, as provided for in the political constitution of the republic. in the elections of the prefects and deputy prefects, as well as for the mayors, the winners shall be those who earn the highest number of votes. in the elections of members of the andean parliament, the following procedure shall be applied: the votes achieved by each one of the slates shall be added up. these results are divided for the series of numbers 1, 3, 5, 7, 9, 11,... until there are as many quotients as there are positions to be allocated. the quotients obtained are ranked from highest to fewest; to each slate shall be assigned the positions that correspond to it, in accordance with the highest quotients. once the above procedure has been duty completed, if all the quotients correspond to one single slate, the last position shall be assigned to the slate that follows it in terms of votes. in the case of a tie, lots shall be drawn to define the winning slate of the position. the seats achieved by the slates shall be allocated to the candidates according to the order on the slate. in the elections for national assembly persons, provincial assembly persons, and assembly persons representing nationals living abroad, municipal council persons and members of rural parish boards, the following procedure shall be used: in those voting precincts where two (2) public officials are elected, the first position shall correspond to the slate that obtains the highest number of votes; the second position shall correspond to the one that follows in terms of votes, as long as it accounts for at least 35% of the votes of the above-mentioned slate; otherwise both positions shall correspond to the most voted slate. where three (3) or more public officials are elected, the following steps shall be taken: the votes obtained by the candidates from each one of the slates shall be added up. these results shall be divided for the series of numbers 1, 3, 5, 7, 9, 11,... until both quotients and positions to be assigned are obtained. the quotients obtained are ranked from highest to lowest; to each slate shall be assigned the positions pertaining to it, on the basis of the highest quotients. once the above procedure has been duly completed, if all the quotients correspond to one single slate, the last position shall be assigned to the slate that follows in terms of voting. if there is a tie, lots shall be drawn to determine the winning slate of the position. the seats earned by the slate shall be assigned to the candidates with the highest number of votes from each slate. article 7. urban and rural precincts for the elections of council persons in the cantons, there shall be two types of voting precincts, an urban precinct and a rural precinct, comprised of the voters of the urban and rural parishes, respectively. in each precinct, the number stemming from multiplying all council persons of the canton by the percentage of the population of the corresponding precinct shall be elected. the figure shall be rounded out to the closest whole number. when the amount does not amount to one, then one single council person shall be elected in the precinct. in those cantons that do not have rural parishes, there shall be one single voting precinct, where all the council persons shall be elected. article 8. voter registration list the voter registration list shall be drawn up on the basis of the provisions of the constitution. the time-limits set in the organic law for elections for updating residence information and drawing up the voter registration list shall be observed. article 9. timetable and terms of office public officials elected by universal suffrage shall start their terms of office as follows and on the basis of the following timetable: the national assembly, without the need for prior call, shall meet thirty (30) days after the results of the elections of all public offices have been announced. on that same date, prefects and deputy prefects, mayors, council persons and members of rural parish boards shall begin their respective terms of office. the representatives to the andean parliament shall be sworn into office before the national assembly five (5) days after it is installed. the president and vice-president of the republic shall start their term of office ten (10) days after installation of the national assembly, before which they shall be sworn into office. the president and vice-president of the republic shall complete their term of office at the head of the government on may 24, 2013; the members of the andean parliament shall complete their terms of office on may 19, 2013; and the members of the national assembly, on may 14, 2013. so that national and local elections are not held at the same time, the following two terms of office for prefects and deputy prefects, municipal council persons and members of rural parish boards, for this period and the next, shall end on may 14, 2014 and may 14, 2019. article 10. calculating terms of office the term of office of the public officials elected on the basis of the provisions of the transition system shall be considered their first term of office for all legal purposes. article 11. termination of term of office the president and vice-president of the republic, the members of the andean parliament, prefects, mayors, council persons of the majority or minority, members of rural parish boards who are holding office at the time of the ratification referendum shall end their terms of office on the dates when those who were elected on the basis of the regulatory provisions of the transition system are sworn into office. article 12. control over electoral and campaign spending for this process, article 10 of the organic law on control over electoral and campaign spending is applicable, using the following values for the corresponding calculation: election of the president and vice-president of the republic: zero point fifteen dollars (us$0.15); election of members of the andean parliament: zero point zero five dollars (us$0.05); election of national and provincial assembly persons and prefects: zero point fifteen dollars (us$0.15); election of assembly persons representing nationals living abroad: zero point thirty dollars (us$0.30); election of mayors: zero point fifteen dollars (us$0.15); election of council persons: the maximum amount shall be sixty percent (60%) of the amount set for the respective mayor; election of members of parish boards: zero point thirty dollars (us$0.30. where the law refers to congresspersons, it means assembly persons. article 13. campaign funding the state, through the budget of the national electoral council, shall exclusively fund electoral campaigning in the press, on radio and television and on commercial billboards for all one-person or multiperson candidacies, except for those of rural parish boards. article 14. prohibition to engage in campaigning during the electoral campaign, in observance of constitutional and legal provisions, it is forbidden for state offices and institutions to carry out political campaigning activities or advertising or to use their assets and resources for these purposes. private outsourcing of political campaigning activities and advertising about the electoral process in the press, on the radio or television, or on commercial billboards is also forbidden. candidates and political organizations cannot make donations, bribes, or gifts to citizens. article 15. enforcement of provisions the bodies of the electoral branch of government shall enforce all the provisions of the constitution, the organic law of elections and all other related laws, as long as they are not contrary to the present regulatory framework and contribute to complying with the electoral process. this enforcement extends to imposing sanctions for failure to comply with, breaches of, or offenses against these provisions. if necessary, in the framework of their jurisdiction, they can also set the standards needed to enforce the new constitutional system. chapter 3. institutional transition article 16. transition process once the constitution has been adopted and for the purpose of facilitating the institutional changes it envisages, the transition process provided for in the regulations indicated below shall be implemented. article 17. legislative branch of government the terms of office of the standing and alternate congresspersons who were elected on october 15, 2006 are hereby terminated. five days after announcing the results of the ratification referendum, the constituent assembly shall meet to set up the legislative and auditing committee, making efforts to uphold the political proportionality that prevailed in the plenary of the constituent assembly. this legislative and auditing committee shall perform the duties of the national assembly as provided for in the constitution, until the assembly persons are elected and sworn into office, as provided for in the present transition system. article 18. electoral branch of government for the purpose of facilitating the immediate holding of elections as provided for in the present transition system, the constituent assembly shall designate those who shall provisionally comprise the national electoral court and the electoral dispute settlement court. members of these bodies so designated shall be replaced by those who win the competitive processes provided for by the constitution. the selection process shall start once the election process has been completed. article 19 the officials and employees of the electoral supreme tribunal and the provincial electoral tribunals whose appointment and recall are not discretionary shall continue to perform their duties in the electoral branch and shall be subject to a process of selection and qualification in keeping with the needs of the new bodies. the assets of the supreme electoral tribunal shall be transferred to the assets of the electoral branch. article 20. judiciary council the current plenary of the judiciary council is dissolved. in its stead, a transitional judiciary council is created and comprised of three designated delegates and their respective deputies. appointments of such delegates and deputies shall be made: one by the president of the republic, one by the national assembly and one by the transparency and social control agency. all delegates and deputies shall be subject to impeachment. the transitional judiciary council shall have all the powers established in the constitution as well as those included in the judicial function code (cã³digo orgã¡nico de la funciã³n judicial), and shall serve for a period of 18 month, which may not be extended. the definitive judiciary council shall be created by the procedure established in article 179 of the amended constitution. the council for public participation and social control shall ensure that the members of the new judiciary council are appointed prior to expiry of the 18 monthsâ�� period of the transitional judiciary councilâ��s service. the merits and opposition selection process organized by the council for public participation and social control for the appointment of the judiciary councilâ��s new members shall no longer be in force. the first transitory provision of the judiciary code (cã³digo orgã¡nico de la funciã³n judicial) shall be suppressed (deleted). article 21. national court of justice ten (10) days after announcing the results of the ratification referendum, the terms of office of the thirty-one (31) judges of the supreme court of justice shall be terminated. the national electoral court shall organize a public drawing of lots among the thirty-one (31) judges to choose the twenty-one (21) judges who shall be entrusted with the duties and responsibilities of the national court of justice, until the standing judges are designated on the basis of the procedures provided for by the constitution. article 22 once the law governing the establishment and functioning of the judiciary council has been enacted, this body shall set up the national court of justice and it shall also proceed to organize the provincial courts of justice and the district and criminal courts, designating their members. article 23 with the partial renewal of the national court of justice, which shall take place after three years, the judges who must leave office shall be chosen on the basis of their performance evaluation. those who have the lowest performance scores shall have their duties terminated. after six years, when the following partial renewal takes place, the seven judges who will have to leave office are those seven who have the lowest performance scores from among the fourteen judges remaining from the first group. the seven best judges shall remain in office nine years. article 24. job security of officers of the judiciary the job security of the staff of the judiciary whose recall is not discretionary, of the supreme court of justice, the superior courts and district courts shall be guaranteed; they shall be relocated to positions with a similar salary in the national court of justice, provincial courts and chambers, respectively, after an evaluation and selection process. article 25. constitutional court once the new legislative, executive and transparency and social control branches of government have been established, the qualification commission shall be organized to designate the judges that shall comprise the first constitutional court. each branch shall propose at least nine (9) candidates. the rules and procedures for this competitive process shall be kid down by the council for public participation and social control. when it is time for renewal of the first third of the judges comprising the court, lots shall be drawn to decide which judges must leave office. when it is time to renew the second third, lots shall be drawn among the six (6) judges who stayed from the first round of renewal. article 26 the employees of the constitutional tribunal, except for those whose appointment and recall are discretionary, shall continue to be employed by the constitutional court, after an evaluation and selection process. article 27. transition of other entities the terms of office of the members of the national judiciary council, the constitutional court and the supreme electoral court shall end when the members of the new judiciary council, the members of the constitutional court, the council persons of the national electoral council and the members of the electoral dispute settlement court are sworn into office. their selection shall take place in conformity with the provisions of the transition system and the constitution. article 28. term of office of the provisional designations the provisional designations made by the constituent assembly for holding the following offices, that is, comptroller general, state prosecutor, attorney-general, human rights ombudsman, superintendents of telecommunications, companies, banks and insurance shall remain in force until, in accordance with constitutional norms, their replacements are designated. article 29. council for public participation and social control the legislative committee, within fifteen (15) days after its establishment, shall launch a competitive and merit-based public examination process for the designation of the members of the council for public participation and social control once this council has been established, it shall organize the 216 respective citizen selection commissions to choose the authorities and officials as provided for by the constitution and law. until the law is enacted, the council for public participation and social control shall regulate the establishment of the citizen selection commissions and shall issue the regulations for each competitive process, which shall be convened after the investiture of the officials elected by universal suffrage referred to by the transition system. it shall also have the power to designate the representatives of the transparency and social control branch of government, in the citizen selection commissions. the council for public participation and social control, within one hundred twenty (120) days as of its investiture, shall draft a bill for an organic law governing its organization and functioning, which shall be submitted as a proposal to the national assembly for its consideration. article 30 the public servants of the commission for the civil control of corruption and the national anti-corruption secretariat whose appointment and recalled are not discretionary, shall become part of the council for public participation and social control. the assets of the commission for the civic control of corruption shall be transferred to the assets of the council for public participation and social control final provision the present constitution, adopted by referendum by the ecuadorian people, shall enter into force the day it is published in the official register. preamble in the name of the almighty god we the people of ghana, in exercise of our natural and inalienable right to establish a framework of government which shall secure for ourselves and posterity the blessings of liberty, equality of opportunity and prosperity; in a spirit of friendship and peace with all peoples of the world; and in solemn declaration and affirmation of our commitment to; freedom, justice, probity and accountability, the principle that all powers of government spring from the sovereign will of the people; the principle of universal adult suffrage; the rule of law; the protection and preservation of fundamental human rights and freedoms, unity and stability for our nation; do hereby adopt, enact and give to ourselves this constitution. chapter 1. the constitution 1. supremacy of the constitution the sovereignty of ghana resides in the people of ghana in whose name and for whose welfare the powers of government are to be exercised in the manner and within the limits laid down in this constitution. this constitution shall be the supreme law of ghana and any other law found to be inconsistent with any provision of this constitution shall. to the extent of the inconsistency, be void. 2. enforcement of the constitution a person who alleges that – an enactment or anything contained in or done under the authority of that or any other enactment; or any act or omission of any person, is inconsistent with, or is in contravention of a provision of this constitution, may bring an action in the supreme court for a declaration to that effect. the supreme court shall, for the purposes of a declaration under clause (1) of this article, make such orders and give such directions as it may consider appropriate for giving effect, or enabling effect to be given, to the declaration so made. any person or group of persons to whom an order or direction is addressed under clause (2) of this article by the supreme court, shall duly obey and carry out the terms of the order or direction. failure to obey or carry out the terms of an order or direction made or given under clause (2) of this article constitutes a high crime under this constitution and shall, in the case of the president or the vice-president, constitute a ground for removal from office under this constitution. a person convicted of a high crime under clause (4) of this article shallbe liable to imprisonment not exceeding ten years without the option of a fine; and not be eligible for election, or for appointment, to any public office for ten years beginning with the date of the expiration of the term of imprisonment. 3. defence of the constitution parliament shall have no power to enact a law establishing a one-party state. any activity of a person or group of persons which suppresses or seeks to suppress the lawful political activity of any other person or any class of persons, or persons generally is unlawful. any person whoby himself or in concert with others by any violent or other unlawful means, suspends or overthrows or abrogates this constitution or any part of it, or attempts to do any such act; or aids and abets in any manner any person referred to in paragraph (a) of this clause; commits the offence of high treason and shall, upon conviction, be sentenced to suffer death. all citizens of ghana shall have the right and duty at all times – to defend this constitution, and in particular, to resist any person or group of persons seeking to commit any of the acts referred to in clause (3) of this article; and to do all in their power to restore this constitution after it has been suspended, overthrown, or abrogated as referred to in clause (3) of this article. any person or group of persons who suppresses or resists the suspension, overthrow or abrogation of this constitution as referred to in clause (3) of this article, commits no offence. where a person referred to in clause (5) of this article is punished for any act done under that clause, the punishment shall, on the restoration of this constitution, be taken to be void from the time it was imposed and he shall, from that time, be taken to be absolved from all liabilities arising out of the punishment. the supreme court shall, on application by or on behalf of a person who has suffered any punishment or loss to which clause (6) of this article relates, award him adequate compensation, which shall be charged on the consolidated fund, in respect of any suffering or loss incurred as a result of the punishment. chapter 2. territories of ghana 4. territories of ghana the sovereign state of ghana is a unitary republic consisting of those territories comprised in the regions which, immediately before the coming into force of this constitution, existed in ghana, including the territorial sea and the air space. parliament may by law provide for the delimitation of the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf of ghana. 5. creation, alteration or merger of regions subject to the provisions of this article, the president may, by constitutional instrumentcreate a new region; alter the boundaries of a region; or provide for the merger of two or more regions. if the president, upon a petition being presented to him and, on the advice of the council of state, is satisfied that there is a substantial demand forthe creation of a new region; the alteration of the boundaries of a region, whether or not the alteration involves the creation of a new region; or the merger of any two or more regions, he shall, acting in accordance with the advice of the council of state, appoint a commission of inquiry to inquire into the demand and to make recommendations on all the factors involved in the creation, alteration or merger. if, notwithstanding that a petition has not been presented to him, the president is, on the advice of the council of state, satisfied that the need has arisen for taking any of the steps referred to in paragraphs (a), (b) and (c) of clause (1) of this article, he may, acting in accordance with the advice of the council of state, appoint a commission of inquiry to inquire into the need and to make recommendations on all the factors involved in the creation, alteration or merger. where a commission of inquiry appointed under clause (2) or (3) of this article finds that there is the need and a substantial demand for the creation, alteration or merger referred to in either of those clauses, it shall recommend to the president that a referendum be held, specifying the issues to be determined by the referendum and the places where the referendum should be held. the president shall refer the recommendations to the electoral commission, and the referendum shall be held in a manner prescribed by the electoral commission. an issue referred for determination by referendum under clauses (4) and (5) shall not be taken to be determined by the referendum unless at least fifty per cent of the persons entitled to vote cast their votes at the referendum, and of the votes cast at least eighty per cent were cast in favour of that issue. where a referendum involves the merger of two or more regions, the issue shall not be taken to be determined unless at least sixty percent of the persons entitled to vote at the referendum in each such region voted in favour of the merger of the two or more regions; and accordingly, clause (6) of this article shall not apply to the referendum. the president shall, under clause (1) of this article, and acting in accordance with the results of the referendum held under clauses (4) and (5) of this article, issue a constitutional instrument giving effect, or enabling effect to be given, to the results. chapter 3. citizenship 6. citizenship of ghana every person who, on the coming into force of this constitution, is a citizen of ghana by-law shall continue to be a citizen of ghana. subject to the provisions of this constitution, a person born in or outside ghana after the coming into force of this constitution, shall become a citizen of ghana at the date of his birth if either of his parents or grandparents is or was a citizen of ghana. a child of not more than seven years of age found in ghana whose parents are not known shall be presumed to be a citizen of ghana by birth. a child of not more than sixteen years of age neither of whose parents is a citizen of ghana who is adopted by a citizen of ghana shall, by virtue of the adoption, be a citizen of ghana. 7. persons entitled to be registered as citizens a woman married to a man who is a citizen of ghana or a man married to a woman who is a citizen of ghana may, upon making an application in the manner prescribed by parliament, be registered as a citizen of ghana. clause (1) of this article applies also to a person who was married to a person who, but for his or her death, would have continued to be a citizen of ghana under clause (1) of article 6 of this constitution. where the marriage of a woman is annulled after she has been registered as a citizen of ghana under clause (1) of this article, she shall, unless she renounces that citizenship, continue to be a citizen of ghana. any child of a marriage of a woman registered as a citizen of ghana under clause (1) of this article to which clause (3) of this article applies, shall continue to be a citizen of ghana unless he renounces that citizenship. where upon an application by a man, for registration under clause (1) of this article, it appears to the authority responsible for the registration that a marriage has been entered into primarily with a view to obtaining the registration, the authority may request the applicant to satisfy him that the marriage was entered into in good-faith; and the authority may only effect the registration upon being so satisfied. in the case of a man seeking registration, clause (1) of this article applies only if the applicant permanently resides in ghana. 8. dual citizenship a citizen of ghana may hold the citizenship of any other country in addition to his citizenship of ghana. without prejudice to article 94(2)(a) of the constitution, no citizen of ghana shall qualify to be appointed as a holder of any office specified in this clause if he holds the citizenship of any other country in addition to his citizenship of ghanaambassador of high commissioner; secretary to the cabinet; chief of defence staff or any service chief; inspector-general of police; commissioner, customs, excise and preventive service; director of immigration service; and any office specified by an act of parliament. where the law of a country requires a person who marries a citizen of that country to renounce the citizenship of his own country by virtue of that marriage, a citizen of ghana who is deprived of his citizenship by virtue of that marriage shall, on the dissolution of that marriage, become citizen of ghana. 9. citizenship laws by parliament parliament may make provision for the acquisition of citizenship of ghana by persons who are not eligible to become citizens of ghana under the provisions of this constitution. except as otherwise provided in article 7 of this constitution, a person shall not be registered as a citizen of ghana unless at the time of his application for registration he is able to speak and understand an indigenous language of ghana. the high court may, on an application made for the purpose by the attorney-general, deprive a person who is a citizen of ghana, otherwise than by birth, of that citizenship on the groundthat the activities of that person are inimical to the security of the state or prejudicial to public morality or the public interest; or that the citizenship was acquired by fraud, misrepresentation or any other improper or irregular practice. there shall be published in the gazette by the appropriate authority and within three months after the application or the registration, as the case may be, the name, particulars and other details of a person who, under this article applies to be registered as a citizen of ghana or has been registered as a citizen of ghana. parliament may make provision by act of parliament forthe renunciation by any person of his citizenship of ghana; the circumstances in which a person may acquire citizenship of ghana or cease to be a citizen of ghana. 10. interpretation a reference in this chapter to the citizenship of the parent of a person at the time of the birth of that person shall, in relation to a person born, after the death of the parent, be construed as a reference to the citizenship of the parent at the time of the parent's death. for the purposes of clause (1) of this article, where the death occurred before the coming into force of this constitution, the citizenship that the parent would have had if he or she had died on the coining into force of this constitution shall be deemed to be his or her citizenship at the time of his or her death. chapter 4. the laws of ghana 11. the laws of ghana the laws of ghana shall comprisethis constitution; enactments made by or under the authority of the parliament established by this constitution; any orders, rules and regulations made by any person or authority under a power conferred by this constitution; the existing law; and the common law. the common law of ghana shall comprise the rules of law generally known as the common law, the rules generally known as the doctrines of equity and the rules of customary law including those determined by the superior court of judicature. for the purposes of this article, "customary law" means the rules of law which by custom are applicable to particular communities in ghana. the existing law shall, except as otherwise provided in clause (1) of this article, comprise the written and unwritten laws of ghana as they existed immediately before the coming. into force of this constitution, and any act. decree, law or statutory instrument issued or made before that date, which is to come into force on or after that date. subject to the provisions of this constitution, the existing law shall not be affected by the coming into force of this constitution. the existing law shall be construed with any modifications, adaptations, qualifications and exceptions necessary to bring it into conformity with the provisions of this constitution, or otherwise to give effect to, or enable effect tote given to, any changes effected by this constitution. any order, rule or regulation made by a person or authority under a power conferred by this constitution or any other law shallbe laid before parliament; be published in the gazette on the day it is laid before parliament; and come into force at the expiration of twenty-one sitting days after being so laid unless parliament, before the expiration of the twenty-one days, annuls the order, rule or regulation by the votes of not less than two-thirds of all the members of parliament. chapter 5. fundamental human rights and freedoms part i. general 12. protection of fundamental human rights and freedoms the fundamental human rights and freedoms enshrined in this chapter shall be respected and upheld by the executive, legislature and judiciary and all other organs of government and its agencies and, where applicable to them, by all natural and legal persons in ghana, and shall be enforceable by the courts as provided for in this constitution. every person in ghana, whatever his race, place of origin, political opinion, colour, religion, creed or gender shall be entitled to the fundamental human rights and freedoms of the individual contained in this chapter but subject to respect for the rights and freedoms of others and for the public interest. 13. protection of right to life no person shall be deprived of his life intentionally except in the exercise of the execution of a sentence of a court in respect of a criminal offence under the laws of ghana of which he has been convicted. a person shall not be held to have deprived another person of his life in contravention of clause (1) of this article if that other person dies as the result of a lawful act. of war or if that other person dies as the result of the use of force to such an. extent as is reasonably justifiable in the particular circumstancesfor the defence of any person from violence or for the defence of property; or in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; or, for the purposes of suppressing a riot, insurrection or mutiny; or in order to prevent the commission of a crime by that person. 14. protection of personal liberty every person shall be entitled to his personal liberty and no person shall be deprived of his personal liberty except in the following cases and in accordance with procedure permitted by lawin execution of a sentence or order of a court in respect of a criminal offence of which he has been convicted; or in execution of an order of a court punishing him for contempt of court; or for the purpose of bringing him before a court in execution of an order of a court; or in the case of a person suffering from an infectious or contagious disease, a person of unsound mind, a person addicted to drugs or alcohol or a vagrant, for the purpose of his care or treatment or the protection of the community; or for the purpose of the education or welfare of a person who has not attained the age of eighteen years; or for the purpose of preventing the unlawful entry of that person into ghana, or of effecting the expulsion, extradition or other lawful removal of that person from ghana or for the purpose of restricting that person while he is being lawfully conveyed through ghana in the course of his extradition or removal from one country to another; or upon reasonable suspicion of his having committed or being about to commit a criminal offence under the laws of ghana. a person who is arrested, restricted or detained shall be informed immediately, in a language that he understands, of the reasons for his arrest, restriction or detention and of his right to a lawyer of his choice. a person who is arrested, restricted or detainedfor the purpose of bringing him before a court in execution of an order of a court; or upon reasonable suspicion of his having committed or being about to commit a criminal offence under the laws of ghana, and who is not released, shall be brought before a court within forty-eight hours after the arrest, restriction or detention. where a person arrested, restricted or detained under paragraph (a) or (b) of clause (3) of this article is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular, conditions reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial. a person who is unlawfully arrested, restricted or detained by any other person shall be entitled to compensation from that other person. where a person is convicted and sentenced to a term of imprisonment for an offence, any period he has spent in lawful custody in respect of that offence before the completion of his trial shall be taken into account in imposing the term of imprisonment. where a person who has served the whole or a part of his sentence is acquitted on appeal by a court, other than the supreme court, the court may certify to the supreme court that the person acquitted be paid compensation; and the supreme court may, upon examination of all the facts and the certificate of the court concerned, award such compensation as it may think fit; or, where the acquittal is by the supreme court, it may order compensation to be paid to the person acquitted. 15. respect for human dignity the dignity of all persons shall be inviolable. no person shall, whether or not he is arrested, restricted or detained, be subjected totorture or other cruel, inhuman or degrading treatment or punishment; any other condition that detracts or is likely to detract from his dignity and worth as a human being. a person who has not been convicted of a criminal offence shall not be treated as a convicted person and shall be kept separately from convicted persons. a juvenile offender who is kept in lawful custody or detention shall be kept separately from an adult offender. 16. protection from slavery and forced labour no person shall be held in slavery or servitude. no person shall be required to perform forced labour. for the purposes of this article, "forced labour" does not includeany labour required as a result of a sentence or order of a court; or any labour required of a member of a disciplined force or service as his duties or, in the case of a person who has conscientious objections to a service as a member of the armed forces of ghana, any labour which that person is required by law to perform in place of such service; or any labour required during any period when ghana is at war or in the event of an emergency or calamity that threatens the life and well-being of the community, to the extent that the requirement of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period for the purposes of dealing with the situation; or any labour reasonably, required as part of normal communal or other civic obligations. 17. equality and freedom from discrimination all persons shall be equal before the law. a person shall not be discriminated against on grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status. for the purposes of this article, "discriminate" means to give different treatment to different persons attributable only or mainly to their respective descriptions by raw, place of origin, political opinions, colour, gender, occupation, religion or creed, whereby persons of one description are subjected to disabilities or restrictions to which persons of another description are not made subject or are granted privileges or advantages which are not granted to persons of another description. nothing in this article shall prevent parliament from enacting laws that are reasonably necessary to providefor the implementation of policies and programmes aimed at redressing social, economic or educational imbalance in the ghanaian society; for matters relating to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law; for the imposition of restrictions on the acquisition of land by persons who are not citizens of ghana or on the political and economic activities of such persons and for other matters relating to such persons; or for making different provision for different communities having regard to their special circumstances not being provision which is inconsistent with the spirit of this constitution. nothing shall be taken to be inconsistent with this article which is allowed to be done under any provision of this chapter. 18. protection of privacy of home and other property every person has the right to own property either alone or in association with others. no person shall be subjected to interference with the privacy of his home, property, correspondence or communication except in accordance with law and as may be necessary in a free and democratic society for public safety or the economic well-being of the country, for the protection of health or morals, for the prevention of disorder or crime or for the protection of the rights or freedoms of others. 19. fair trial a person charged with a criminal offence shall be given a fair hearing within a reasonable time by a court. a person charged with a criminal offence shallin the case of an offence other than high treason or treason, the punishment for which is death or imprisonment for life, be tried by a judge and jury andwhere the punishment is death, the verdict of the jury shall be unanimous; and in the case of life imprisonment, the verdict of the jury shall be by such majority as parliament may by law prescribe; in the case of an offence triable by a regional tribunal the penalty for which is death, the decision of the chairman and the other panel members shall be unanimous; be presumed to be innocent until he is proved or has pleaded guilty; be informed immediately in a language that he understands, and in detail, of the nature of the offence charged; be given adequate time and facilities for the preparation of his defence; be permitted to defend himself before the court in person or by a lawyer of his choice; be afforded facilities to examine, in person or by his lawyer, the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on the same conditions as those applicable to witnesses called by the prosecution; be permitted to have, without payment by him, the assistance of an interpreter where he cannot understand the language used at the trial; and in the case of the offence of high treason or treason, be tried by the high court duly constituted by three justices of that court and the decision of the justices shall be unanimous. the trial of a person charged with a criminal offence shall take place in his presence unlesshe refuses to appear before the court for the trial to be conducted in his presence after he has been duly notified of the trial; or he conducts himself in such a manner as to render the continuation of the proceedings in his presence impracticable and the court orders him to be removed for the trial to proceed in his absence. whenever a person is tried for a criminal offence the accused person or a person authorised by him shall, if he so requires, be given, within a reasonable time not exceeding six months after judgment, a copy of any record of the proceedings made by or on behalf of the court for the use of the accused person. a person shall not be charged with or held to be guilty of a criminal offence which is founded on an act or omission that did not at the time it took place constitute an offence. no penalty shall be imposed for a criminal offence that is severer in degree or description than the maximum penalty that could have been imposed for that offence at the time when it was committed. no person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted, shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for the offence, except on the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal. notwithstanding clause (7) of this article, an acquittal of a person on a trial for high treason or treason shall not be a bar to the institution of proceedings for any other offence against that person. paragraphs (a) and (b) of clause (2) of this article shall not apply in the case of a trial by a court-martial or other military tribunal. no person who is tried for a criminal offence shall he compelled to give evidence at the trial. no person shall be convicted of a criminal offence unless the offence is defined and the penalty for it is prescribed in a written law. clause (11) of this article shall not prevent a superior court from punishing a person for' contempt of itself notwithstanding that the act or omission constituting the contempt is not defined in a written law and the penalty is not so prescribed. an adjudicating authority for the determination of the existence or extent of a civil right or obligation shall, subject to the provisions of this constitution, be established by law and shall be independent and impartial; and where proceedings for determination are instituted by a person before such an adjudicating authority, the case shall be given a fair hearing within a reasonable time. except as may be otherwise ordered by the adjudicating authority in the interest of public morality, public safety, or public order the proceedings of any such adjudicating authority shall be in public. nothing in this article shall prevent an adjudicating authority from excluding from the proceedings persons, other than the parties to the proceedings and their lawyers, to such an extent as the authoritymay consider necessary or expedient in circumstances where publicity would prejudice the interests of justice; or may be empowered by law to do in the interest of defence, public safety, public order, public morality, the welfare of persons under, the age of eighteen or the protection of the private lives of persons concerned in the proceedings. nothing in, or done under the authority of, any law shall be held to be inconsistent with, or in contravention of, the following provisions – paragraph (c) of clause (2) of this article, to the extent that the law in question imposes upon a person charged with a criminal offence, the burden of proving particular facts; or clause (7) of this article, to the extent that the law in question authorizes a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of the force, except that any court which tries that member and convicts him shall, in sentencing him to any punishment, take into account any punishment imposed on him under that disciplinary law. subject to clause (18) of this article, treason shall consist onlyin levying war against ghana or assisting any state, or person or inciting or conspiring with any person to levy war against ghana; or in attempting by force of arms or other violent means to overthrow the organs of government established by or under this constitution; or in taking part or being concerned in or inciting or conspiring with any person to make or take part or be concerned in, any such attempt. an act which aims at procuring by constitutional means an alteration of the law or of the policies of the government shall not be considered as an act calculated to overthrow the organs of government. notwithstanding any other provision of this article, but subject to clause (20) of this article, parliament may, by or under an act of parliament, establish military courts or tribunals for the trial of offences against military law committed by persons subject to military law. where a person subject to military law, who is not in active service, commits an offence which is within the jurisdiction of a civil court, he shall not be tried by a court-martial or military tribunal for the offence unless the offence is within the jurisdiction of a court-martial or other military tribunal under any law for the enforcement of military discipline. for the purposes of this article "criminal offence" means a criminal offence under the laws of ghana. 20. protection from deprivation of property no property of any description, or interest in or right over any property shall be compulsorily taken possession of or acquired by the state unless the following conditions are satisfiedthe taking of possession or acquisition is necessary in the interest of defence, public safety, public order, public morality, public health, town and country planning or the development or utilization of property in such a manner as to promote the public benefit; and the necessity for the acquisition is clearly stated and is such as to provide reasonable justification for causing any hardship that may result to any person who has an interest in or right over the property. compulsory acquisition of property by the state shall only be made under a law which makes provision forthe prompt payment of fair and adequate compensation; and a right of access to the high court by any person who has an interest in or right over the property whether direct or on appeal from any other authority for the determination of his interest or right and the amount of compensation to which he is entitled. where a compulsory acquisition or possession of land effected by the, state in accordance with clause (1) of this article involves displacement of any inhabitants, the state shall resettle the displaced inhabitants on suitable alternative land with due regard for their economic well-being and social and cultural values. nothing in this article shall be construed as affecting the operation of any general law so far as it provides for the taking of possession or acquisition of propertyby way of vesting or administration of trust property, enemy property or the property of persons adjudged or otherwise declared. bankrupt or insolvent, persons of unsound mind, deceased persons or bodies corporate or unincorporated in the course of being wound up; or in the execution of a judgment or order of a court; or by reason of its being in a dangerous state or injurious to the health of human beings, animals or plants; or in consequence of any law with respect to die limitation of actions; or for so long only as may be necessary for the purpose of any examination, investigation, trial or inquiry; or for so long as may be necessary for the carrying out of work on any land for the purpose of the provision of public facilities or utilities, except that where any damage results from any such work there shall be paid appropriate compensation. any property compulsorily taken possession of or acquired in the public interest or for a public purpose shall be used only in the public interest or for the public purpose for which it was acquired. where the property is not used in the public interest or for the purpose for which it was acquired, the owner of the property immediately before the compulsory acquisition, shall be given the first option for acquiring the property and shall, on such reacquisition refund the whole or part of the compensation paid to him as provided for by law or such other amount as is commensurate with the value of the property at the time of the reacquisition. 21. general fundamental freedoms all persons shall have the right tofreedom of speech and expression, which shall include freedom of the press and other media; freedom of thought, conscience and belief, which shall include academic freedom; freedom to practice any religion and to manifest such practice; freedom of assembly including freedom to take part in processions and demonstrations; freedom of association, which shall include freedom to form or join trade unions or other associations, national and international, for the protection of their interest; information, subject to such qualifications and laws as are necessary in a democratic, society; freedom of movement which means the right to move freely in ghana, the right to leave and to enter ghana and immunity from expulsion from ghana. a restriction on a person's freedom of movement by his lawful detention shall not be held to be inconsistent with or in contravention of this article. all citizens shall have the right and freedom to form or join political parties and to participate in political activities subject to such qualifications and laws as are necessary in a free and democratic society and are consistent with this constitution. nothing in, or done under the authority of, a law shall be held to be inconsistent with, or in contravention of, this article to the extent that the law in question makes provisionfor the imposition of restrictions by, order of a court, that are required in the interest of defence, public safety or public order, on the movement or residence within ghana of any person; or for the imposition of restrictions. by order of a court, on the movement or residence within ghana of any person either as a result of his having been found guilty of a criminal offence under the laws of ghana or for the purposes of ensuring that he appears before a court at a later date for trial for a criminal offence or for proceedings relating to his extradition or lawful removal from ghana; or for the imposition of restrictions that are reasonably required in the interest of defence, public safety, public health or the running of essential services, on the movement or residence within ghana of any person or persons generally, or any class of persons; or for the imposition of restrictions that are reasonably required in the interest of defence, public safety, public health or the running of essential services, on the movement or residence within ghana of any person or persons generally, or any class of persons; or for the imposition of restrictions on the freedom of entry into ghana, or of movement in ghana of a person who is not a citizen of ghana; or that is reasonably required for the purpose of safeguarding the people of ghana against the teaching or propagation of a doctrine which exhibits or encourages disrespect for the nationhood of ghana, the national symbols and emblems, or incites hatred against other members of the community; except so far as that provision or, as the case may be, the thing done under the authority of that law is shown not to be reasonably justifiable in terms of the spirit of this constitution. whenever a person, whose freedom of movement has been restricted by the order of a court under paragraph (a) of clause (4) of this article, requests at any time during the period of that restriction not earlier than seven days after the order was made, or three months after he last made such request, as the case may be, his case shall be reviewed by that court. on a review by a court under clause (5) of this article, the court may, subject to the right of appeal from its decision, make such order for the continuation or termination of the restriction as it considers necessary or expedient. 22. property rights of spouses a spouse shall not be deprived of a reasonable provision out of the estate of a spouse whether or not the spouse died having made a will. parliament shall, as soon as practicable after the coming into force of this constitution, enact legislation regulating the property rights of spouses. with a view to achieving the full realization of the rights referred to in clause (2) of this articlespouses shall have equal access to property jointly acquired during marriage; assets which are jointly acquired during marriage shall be distributed equitably between the spouses upon dissolution of the marriage. 23. administrative justice administrative bodies and administrative officials shall act fairly and reasonably and comply with the requirements imposed on them by law and persons aggrieved by the exercise of such acts and decisions shall have the right to seek redress before a court or other tribunal. 24. economic rights every person has the right to work under satisfactory, safe and healthy conditions, and shall receive equal pay for equal work without distinction of any kind. every worker shall be assured of rest, leisure and reasonable limitation of working hours and periods of holidays with pay, as well as remuneration for public holidays. every worker has a right to form or join a trade union of his choice for the promotion and protection of his economic and social interests. restrictions shall not be placed on the exercise of the right conferred by clause (3) of this article except restrictions prescribed by law and reasonably necessary in the interest of national security or public order or for the protection of the rights and freedoms of others. 25. educational rights all persons shall have the right to equal educational opportunities and facilities and with a view to achieving the full realization of that rightbasic education shall be free, compulsory and available to all; secondary education in its different forms, including technical and vocational education, shall be made generally available and accessible to all by every appropriate means, and in particular, by the progressive introduction of free education; higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular, by progressive introduction of free education; functional literacy shall be encouraged or intensified as far as possible; the development of a system of schools with adequate facilities at all levels shall be actively pursued. every person shall have the right, at his own expense, to establish and maintain a private school or schools at all levels and of such categories and in accordance with such conditions as may be provided by law. 26. cultural rights and practices every person is entitled to enjoy, practice, profess, maintain and promote any culture, language, tradition or religion subject to the provisions of this constitution. all customary practices which dehumanise or are injurious to the physical and mental well-being of a person are prohibited. 27. women's rights special care shall be accorded to mothers during a reasonable period before and after child-birth; and during those periods, working mothers shall be accorded paid leave. facilities shall be provided for the care of children below school-going age to enable women, who have the traditional care for children, realise their full potential. women shall be guaranteed equal rights to training and promotion without any impediments from any person. 28. children's rights parliament shall enact such laws as are necessary to ensure thatevery child has the right to the same measure of special care, assistance and maintenance as is necessary for its development from its natural parents, except where those parents have effectively surrendered their rights and responsibilities in respect of the child in accordance with law; every child, whether or not born in wedlock, shall be entitled to reasonable provision out of the estate of its parents; parents undertake their natural right and obligation of care, maintenance and upbringing of their children in co-operation with such institutions as parliament may by law, prescribe in such manner that in all cases the interests of the children are paramount; children and young persons receive special protection against exposure to physical and moral hazards; and the protection and advancement of the family as the unit of society are safeguarded in promotion of the interest of children. every child has the right to be protected from engaging in work that constitutes a threat to his health, education or development. a child shall not be subjected to torture or other cruel, inhuman or degrading treatment or punishment. no child shall be deprived by any other person of medical treatment, education or any other social or economic benefit by reason only of religious or other beliefs. for the purposes of this article, "child" means a person below the age of eighteen years. 29. rights of disabled persons disabled persons have the right to live with their families or with foster parents and to participate in social, creative or recreational activities. a disabled person shall, not be subjected to differential treatment in respect of his residence other than that required by his condition or by the improvement which he may derive from the treatment. if the stay of a disabled person in a specialised establishment is indispensable, the environment and living conditions there shall be as close as possible to those of the normal life of a person of his age. disabled persons shall be protected against all exploitation, all regulations and all treatment of a discriminatory, abusive or de grading nature. in any judicial proceedings which a disabled person is a party the legal procedure applied shall take his physical and mental condition into account. as far as practicable, every place to which the public has access shall have appropriate facilities for disabled persons. special incentives shall be given to disabled persons engaged in business and also to business organisations that employ disabled persons in significant numbers. parliament shall enact such laws as are necessary. to ensure the enforcement of the provisions of this article. 30. rights of the sick a person who by reason of sickness or any other cause is unable to give his consent shall not be deprived by any other person of medical treatment, education or any other social or economic benefit by reason only of religious or other beliefs. part ii. emergency powers 31. emergency powers the president may, acting in accordance with the advice of the council of state, by proclamation published in the gazette, declare that a state of emergency exists in ghana or in any part of ghana for the purposes of the provisions of this constitution. notwithstanding any other provision of this article, where a proclamation is published under clause (1) of this article, the president shall place immediately before parliament, the facts and circumstances leading to the declaration of the state of emergency. parliament shall, within seventy-two hours after being so notified, decide whether the proclamation should remain in force or should; be revoked; and the president shall act in accordance with the decision of parliament. a declaration of a state of emergency shall cease to have effect at the expiration of a period of seven days beginning with the date of publication of the declaration, unless, before the expiration of that period, it is approved by a resolution passed for that purpose, by a majority of all the members of parliament. subject to clause (7) of this article, a declaration of a state of emergency approved by a resolution of parliament under clause (4) of this article shall continue in force until the expiration of a period of three months beginning with the date of its being so approved or until such earlier date as may be specified in the resolution. parliament may, by resolution passed by a majority of all members of parliament, extend its approval of the declaration for periods of not more than one month at a time. parliament may, by a resolution passed by a majority of all the members of parliament, at any time, revoke a declaration of a state of emergency approved by parliament under this article. for the avoidance of doubt, it is hereby declared that the provisions of any enactment, other than an act of parliament, dealing with a state of emergency declared under clause (1) of this article shall apply only to that part of ghana where the emergency exists. the circumstances under which a state of emergency may be declared under this article include a natural disaster and .any situation in which any action is taken or is immediately threatened to be taken by any person or body of persons whichis calculated or likely to deprive the community of the essentials of life; or renders necessary the taking of measures which are required for securing the public safety, the defence of ghana and the maintenance of public order and of supplies and services essential to the life of the community. nothing in, or done under the authority of, an act of parliament shall be held to be inconsistent with, or in contravention of, articles 12 to 30 of this constitution to the extent that the act in question authorises the taking, during any period when a state of emergency is in force, of measures that are reasonably justifiable for the purposes of dealing with the situation that exists during that period. 32. persons detained under emergency laws where a person is restricted or detained by virtue of a law made pursuant to a declaration of a state of emergency, the following provisions shall applyhe shall as soon as practicable, and in any case not later than twenty-four hours after the commencement of the restriction or detention, be furnished with a statement in writing specifying in detail the grounds upon which he is restricted or detained and the statement shall be read or interpreted to the person restricted or detained; the spouse, parent, child or other available next of kin of the person restricted or detained shall be informed of the detention or restriction within twenty-four hours after the commencement of the detention or restriction and be permitted access to the person at the earliest practicable opportunity, and in any case within twenty-four hours after the commencement of the restriction or detention; not more than ten days after the commencement of his restriction or detention, a notification shall be published in the gazette and in the media stating that he has been restricted or detained and giving particulars of the provision of law under which his restriction or detention is authorised and the grounds of his restriction or detention; not more than ten days after commencement of his restriction or detention, and after that, during his restriction or detention, at intervals of not more than three months, his case shall be reviewed by a tribunal composed of not less than three justices of the superior court of judicature appointed by the chief justice; except that the same tribunal shall not review more than once the case of a person restricted or detained; he shall be afforded every possible facility to consult a lawyer of his choice who shall be permitted to make representations to the tribunal appointed for the review of the case of the restricted or detained person; at the hearing of his case, he shall be permitted to appear in person or by a lawyer of his choice. on a review by a tribunal of the case of a restricted or detained person, the tribunal may order the release of the person and the payment to him of adequate compensation or uphold the grounds of his restriction or detention; and the authority by which the restriction or detention was ordered shall act accordingly. in every month in which there is a sitting of parliament, a minister of state authorised by the president, shall make a report to parliament of the number of persons restricted or detained by virtue of such a law as is referred to in clause (10) of article 31 of this constitution and the number of cases in which the authority that ordered the restriction or detention has acted in accordance with the decisions of the tribunal appointed under this article. notwithstanding clause (3) of this article, the minister referred to in that clause shall publish every month in the gazette and in the mediathe number and the names and addresses of the persons restricted or detained; the number of cases reviewed by the tribunal; and the number of cases in which the authority which ordered the restriction or detention has acted in accordance with the decisions of the tribunal appointed under this article. for the avoidance of doubt, it is hereby declared that, at the end of an emergency declared under clause (1) of article 31 of this constitution, a person in restriction or detention or in custody as a result of the declaration of the emergency shall be released immediately. part iii. protection of rights by the courts 33. protection of rights by the courts where a person alleges that a provision of this constitution on the fundamental human rights and freedoms has been, or is being or is likely to be contravened in relation to him, then, without prejudice to any other action that is lawfully available, that person may apply to the high court for redress. the high court may, under clause (1) of this article, issue such directions or orders or writs including writs or orders in the nature of habeas corpus, certiorari, mandamus, prohibition, and quo warranto as it may consider appropriate for the purposes of enforcing or securing the enforcement of any of the provisions on the fundamental human rights and freedoms to the protection of which the person, concerned is entitled. a person aggrieved by a determination of the high court may appeal to the court of appeal with the right of a further appeal to the supreme court. the rules of court committee may make rules of court with respect to the practice and procedure of the superior courts for the purposes of this article. the rights, duties, declarations and guarantees relating to the fundamental human rights and freedoms specifically mentioned in this chapter shall not be regarded as excluding others not specifically mentioned which are considered to be inherent in a democracy and intended to secure the freedom and dignity of man. chapter 6. the directive principles of state policy 34. implementation of directive principles the directive principles of state policy contained in this chapter shall guide all citizens, parliament, the president, the judiciary, the council of state, the cabinet, political parties and other bodies and persons in applying or interpreting this constitution or any other law and in taking and implementing any policy decisions, for the establishment of a just and free society. the president shall report to parliament at least once a year all the steps taken to ensure the realization of the policy objectives contained in this chapter; and, in particular, the realization of basic human rights, a healthy economy, the right to work, the right to good health care and the right to education. 35. political objectives ghana shall be a democratic state dedicated to the realization of freedom and justice; and accordingly, sovereignty resides in the people of ghana from whom government derives all its powers and authority through this constitution. the state shall protect and safeguard the independence, unity and territorial integrity of ghana, and shall seek the well-being of all her citizens. the state shall promote just and reasonable access by all citizens to public facilities and services in accordance with law. the state shall cultivate among all ghanaians respect for fundamental human rights and freedoms and the dignity of the human person. the state shall actively promote the integration of the peoples of ghana and prohibit discrimination and prejudice on the grounds of place of origin, circumstances of birth, ethnic origin, gender or religion, creed or other beliefs. towards the achievement of the objectives stated in clause, (5) of this article, the state shall take appropriate measures tofoster a spirit of loyalty to ghana that overrides sectional, ethnic and other loyalties; achieve reasonable regional and gender balance in recruitment and appointment to public offices; provide adequate facilities for, and encourage free mobility of people, goods and services throughout ghana; make democracy a reality by decentralizing the administrative and financial machinery of government to the regions and districts and by affording all possible opportunities to the people to participate in decision-making at every level in national life and in government; and ensure that whenever practicable, the headquarters of a government or public institution offering any service is situated in an area within any region, taking into account the resources and potentials of the region and the area. as far as practicable, a government shall continue and execute projects and programmes commenced by the previous government. the state shall take steps to eradicate corrupt practices and the abuse of power. the state shall promote among the people of ghana the culture of political tolerance. 36. economic objectives the state shall take all necessary action to ensure that the national economy is managed in such a manner as to maximize the rate of economic development and to secure the maximum welfare, freedom and happiness of every person in ghana and to provide adequate means of livelihood and suitable employment and public assistance to the needy. the state shall, in particular, take all necessary steps to establish a sound and healthy economy whose underlying principles shall includethe guarantee of a fair and realistic remuneration for production and productivity in order to encourage continued production and higher productivity; affording ample opportunity for individual initiative and creativity in economic activities and fostering an enabling environment for a pronounced role of the private sector in the economy; ensuring that individuals and the private sector bear their fair share of social and national responsibilities including responsibilities to contribute to the overall development of the country; undertaking even and balanced development of all regions and every part of each region of ghana, and, in particular, improving the conditions of life in the rural areas, and generally, redressing any imbalance in development between the rural and the urban areas; the recognition that the most secure democracy is the one that assures the basic necessities of life for its people as a fundamental duty. the state shall take appropriate measures to promote the development of agriculture and industry. foreign investment shall be encouraged with in ghana, subject to any law for the time being in force regulating investment in ghana. for the purposes of the foregoing clauses of this article, within two years after assuming office, the president shall present to parliament a co-ordinated programme of economic and social development policies, including agricultural and industrial programmes at all levels and in all the regions of ghana. the state shall afford equality of economic opportunity to all citizens; and, in particular, the state shall take all necessary steps so as to ensure the full integration of women into the mainstream of the economic development of ghana. the state shall guarantee the ownership of property and the right of inheritance. the state shall recognise that ownership and possession of land carry a social obligation to serve the larger community and, in particular, the state shall recognise that the managers of public, stool, skin and family lands are fiduciaries charged with the obligation to discharge their functions for the benefit respectively of the people of ghana, of the stool, skin, or family concerned and are accountable as fiduciaries in this regard. the state shall take appropriate measures needed to protect and safeguard the national environment for posterity; and shall seek co-operation with other states and bodies for purposes of protecting the wider international environment for mankind. the state shall safeguard the health, safety and welfare of all persons in employment, and shall establish the basis for the full deployment of the creative potential of all ghanaians. the state shall encourage the participation of workers in the decision-making process at the work place. 37. social objectives the state shall endeavour to secure and protect a social order founded on the ideals and principles of freedom, equality, justice, probity and accountability as enshrined in chapter 5 of this constitution; and in particular, the state shall direct its policy towards ensuring that every citizen has equality of rights, obligations and opportunities before the law. the state shall enact appropriate laws to assurethe enjoyment of rights of effective participation in development processes including rights of people to form their own associations free from state interference and to use them to promote and protect their interests in relation to development processes, rights of access to agencies and officials of the state necessary in order to realise effective participation in development processes; freedom to form organizations to engage in self-help and income generating projects; and freedom to raise funds to support those activities; the protection and promotion of all other basic human rights and freedoms, including the rights of the disabled, the aged, children and other vulnerable groups in development processes. in the discharge of the obligations stated in clause (2) of this article, the state, shall be guided by international human rights instruments which recognize and apply particular categories of basic human rights to development processes. the state shall maintain a population policy consistent with the aspirations and development needs and objectives of ghana. the state shall ensure that adequate facilities for sports are provided throughout ghana and that sports are promoted as a means of fostering national integration, health and self-discipline as well as international friendship and understanding. the state shallensure that contributory schemes are instituted and maintained that will guarantee economic security for self-employed and other citizens of ghana; and provide social assistance to the aged such as will enable them to maintain a decent standard of living. 38. educational objectives the state shall, provide educational facilities at all levels and in all the regions of ghana, and shall to the greatest extent feasible, make those facilities available to all citizens. the government shall, within two years after parliament first meets after the coming into force of this constitution, draw up a programme for implementation within the following ten years, for the provision of free, compulsory and universal basic education. the state shall, subject to the availability of resources, provideequal and balanced access to secondary and other appropriate pre-university education, equal access to university or equivalent education, with emphasis on science and technology, a free adult literacy programme, and a free vocational training, rehabilitation and resettlement of disabled persons; and life-long education. 39. cultural objectives subject to clause (2) of this article, the state shall take steps to encourage the integration of appropriate customary values into the fabric of national life through formal and informal education and the conscious introduction of cultural dimensions to relevant aspects of national, planning. the state shall ensure that appropriate customary and cultural values are adapted and developed as an integral part of the growing needs of the society as a whole; and in particular that traditional practices which are injurious to the health and well-being of the person are abolished. the state shall foster the development of ghanaian languages and pride in ghanaian culture. the state shall endeavour to preserve and protect places of historical interest and artifacts. 40. international relations in its dealings with other nations, the government shallpromote and protect the interests of ghana; seek the establishment of a just and equitable international economic and social order; promote respect for international law, treaty obligations and the settlement of international disputes by peaceful means; adhere to the principles enshrined in or as the case may be, the aims and ideals ofthe charter of the united nations; the charter of the organization of african unity; the commonwealth; the treaty of the economic community of west african states; and any other international organization of which ghana is a member. 41. duties of a citizen the exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations, and accordingly, it shall be the duty of every citizento promote the prestige and good name of ghana and respect the symbols of the nation; to uphold and defend this constitution and the law; to foster national unity and live in harmony with others; to respect the rights, freedoms and legitimate interests of others, and generally to refrain from doing acts detrimental to the welfare of other persons; to work conscientiously in his lawfully chosen occupation; to protect and preserve public property and expose and combat misuse and waste of public funds and property; to contribute to the well-being of the community where that citizen lives; to defend ghana and render national service when necessary; to co-operate with lawful agencies in the maintenance of law and order; to declare his income honestly to the appropriate and lawful agencies and to satisfy all tax obligations; and to protect and safeguard the environment. chapter 7. representation of the people part i. right to vote 42. right to vote every citizen of ghana of eighteen years of age or above and of sound mind has the right to vote and is entitled to be registered as a voter for the purposes of public elections and referenda. part ii. electoral commission 43. electoral commission there shall be an electoral commission which shall consist ofa chairman; two deputy chairmen; and four other members. the members of the commission shall be appointed by the president under article 70 of this constitution. 44. qualifications, terms and conditions of service of members of electoral commission a person is not qualified to be appointed a member of the electoral commission unless he is qualified to be elected as a member of parliament. the chairman of the electoral commission shall have the same terms and conditions of service as a justice of the court of appeal. the two deputy chairmen of the commission shall have the same terms and conditions of service as are applicable to a justice of the high court. the chairman and the two deputy chairmen of the commission shall not, while they hold office on the commission, hold any other public office. the other four members of the commission shall be paid such allowances as parliament may determine. if a member is absent or dies, the commission shall continue its work until the president, acting on the advice of the council of state, appoints a qualified person to fill the vacancy. 45. functions of electoral commission the electoral commission shall have the following functionsto compile the register of voters and revise it at such periods as may be determined by law; to demarcate the electoral boundaries for both national and local government elections; to conduct and supervise all public elections and referenda; to educate the people on the electoral process and its purpose; to undertake programmes for the expansion of the registration of voters; and to perform such other functions as may be prescribed by law. 46. independence of the commission except as provided in this constitution or in any other law not inconsistent with this constitution, in the performance of its functions, the electoral commission, shall not be subject to the direction or control of any person or authority. 47. constituencies ghana shall be divided into as many constituencies for the purpose of election of members of parliament as the electoral commission may prescribe, and each constituency shall be represented by one member of parliament. no constituency shall fall within more than one region. the boundaries of each constituency shall be such that the number of inhabitants in the constituency is, as nearly as possible, equal to the population quota. for the purposes of clause (3) of this article, the number of inhabitants of a constituency may be greater or less than the population quota in order to take account of means of communication, geographical features, density of population and area and boundaries of the regions and other administrative or traditional areas. the electoral commission shall review the division of ghana into constituencies at intervals of not less than seven years, or within twelve months after the publication of the enumeration figures after the holding of a census of the population of ghana, whichever is earlier, and may, as a result, alter the constituencies. where the boundaries of a constituency established under this article are altered as a result of a review, the alteration shall come into effect upon the next dissolution of parliament. for the purposes of this article, "population quota" means the number obtained by dividing the number of inhabitants of ghana by the number of constituencies 'into which ghana is divided under this article. 48. appeals from decisions of commission a person aggrieved by a decision of the electoral commission in respect of a demarcation of a boundary, may appeal to a tribunal consisting of three persons appointed by the chief justice; and the electoral commission shall give effect to the decision of the tribunal. a person aggrieved by a decision of the tribunal referred to in clause (1) of this article may appeal to the court of appeal whose decision on the matter shall be final. 49. voting at elections and referenda at any public election or referendum, voting shall be by secret ballot. immediately after the close of the poll, the presiding officer shall, in the presence of such of the candidates or their representatives and their polling agents as are present, proceed to count, at that polling station, the ballot papers of that station and record the votes cast in favour of each candidate or question. the presiding officer, the candidates or their representatives and, in the case of a referendum, the parties contesting or their agents and the polling agents if any, shall then sign a declaration statingthe polling station; and the number of votes cast in favour of each candidate or question; and the presiding officer shall, there and then, announce the results of the voting at that polling station before communicating them to the returning officer. subject to the provisions of this constitution, an issue for determination by referendum shall not be taken to be determined unless at least thirty-five percent of the persons entitled to vote at the referendum voted and, of the votes cast, at least seventy percent voted in favour of the issue. 50. election of candidates subject to the provisions of this constitution, where at the close of nominations and on the day before a public electiontwo or more candidates have been nominated, the election shall be held and the candidate who receives the largest number of votes cast shall be declared elected; or only one candidate is nominated, there shall be no election and that candidate shall be declared elected. where for the purposes of a public election two or more candidates are nominated but at the close of the nominations and on the day before the election only one candidate stands nominated, a further period of ten days shall be allowed for nomination of other candidates, and it shall not be lawful for any person nominated within that period of ten days to withdraw his nomination. where at the close of nominations under clause (2) of this article only one candidate stands nominated, there shall be no election and that candidate shall be declared elected. where at the close of nominations, but before the election, one of the candidates dies, a further period of ten days shall be allowed for nominations; and where the death occurs at any time within twenty-five days before the election, the election in that constituency or unit shall be postponed for twenty-one days. 51. regulations for elections and referenda the electoral commission shall, by constitutional instrument, make regulations for the effective performance of its functions under this constitution or any other law, and in particular, for the registration of voters, the conduct of public elections and referenda, including provision for voting by proxy. 52. regional and district representatives of commission there shall be in every region and district a representative of the electoral commission who shall perform such functions as shall be assigned to him by the commission. 53. appointment of staff of commission the appointment of officers and other employees of the electoral commission shall be made by the commission acting in consultation with the public services commission. 54. expenses of commission charged on consolidated fund the administrative expenses of the electoral commission including salaries, allowances and pensions payable to, or in respect of persons serving with the commission, shall be charged on the consolidated fund. part iii. political parties 55. organization of political parties the right to form political parties is hereby guaranteed. every citizen of ghana of voting age has the right to join a political party. subject to the provisions of this article, a political party is free to participate in shaping the political will of the people, to disseminate information on political ideas, social and economic programmes of a national character, and sponsor candidates for elections to any public office other than to district assemblies or lower local government units. every political party shall have a national character, and membership shall not be based on ethnic, religious, regional or other sectional divisions. the internal organization of a political party shall conform to democratic principles and its actions and purposes shall not contravene or be inconsistent with this constitution or any other law. an organization shall not operate as a political party unless it is registered as such under the law for the time, being in force for the purpose. for purposes of registration, a prospective political party shall furnish the electoral commission with a copy of its constitution and the names and addresses of its national officers; and shall satisfy the commission thatthere is ordinarily resident, or registered as a voter, in each district. of ghana, at least one founding member of the party; the party has branches in all the regions of ghana and is, in addition, organised in not less than two-thirds of the districts in each region; and the party's name, emblem, colour, motto or any other symbol has no ethnic, regional, religious or other sectional connotation or gives the appearance that its activities are confined only to a part of ghana. a political party shall not have as a founding member, a leader or a member of its executive, a person who is not qualified to be elected as a member of parliament or to hold any other public office. the members of the national executive committee of a political party shall be chosen from all the regions of ghana. subject to the provisions of this constitution, every citizen of voting age has the right to participate in political activity intended to influence the composition and policies of the government. the states shall provide fair opportunity to all political parties to present their programmes to the public by ensuring equal access to the state-owned media. all presidential candidates shall be given the same amount of time and space on the state-owned media to present their programmes to the people. every candidate for election to parliament has the right to conduct his campaign freely and in accordance with law. political parties shall be required by lawto declare to the public their revenues and assets and the sources of those revenues and assets; and to publish to the public annually their audited accounts. only a citizen of ghana may make a contribution or donation to a political party registered in ghana. a member of an organization or interest group shall not be required to join a particular political party by virtue of his membership of the organisation or group. subject to the provisions of this chapter, parliament shall by law regulate the establishment and functioning of political parties. 56. restriction of certain propaganda parliament shall have no power to enact a law to establish or authorise the establishment of a body or movement with the right or power to impose on the people of ghana a common programme or a set of objectives of a religious or political nature. chapter 8. the executive part i. the president 57. the president of ghana there shall be a president of the republic of ghana who shall be the head of state and head of government and commander-in-chief of the armed forces of ghana. the president shall take precedence over all other persons in ghana; and in descending order, the vice-president, the speaker of parliament and the chief justice, shall take precedence over all other persons in ghana. before assuming office the president shall take and subscribe before parliament the oath of allegiance and the presidential oath set out in the second schedule to this constitution. without prejudice to the provisions of article 2 of this constitution, and subject to the operation of the prerogative writs, the president shall not, while in office, be liable to proceedings in any court for the performance of his functions, or for any act done or omitted to be done, or purported to be done, or purported to have been done or purporting to be done in the performance of his functions, under this constitution or any other law. the president shall not, while in office as president, be personally liable to any civil or criminal proceedings in court. civil or criminal proceedings may be instituted against a person within three years after his ceasing to be president, in respect of anything done or omitted to be done by him in his personal capacity before or during his term of office notwithstanding any period of limitation except where the proceedings had been legally barred before he assumed the office of president. 58. executive authority of ghana the executive authority of ghana shall vest in the president and shall be exercised in accordance with the provisions of this constitution. the executive authority of ghana shall extend to the execution and maintenance of this constitution and all laws made under or continued in force by this constitution. subject to the provisions of this constitution, the functions conferred on the president by clause (1) of this article may be exercised by him either directly or through officers subordinate to him. except as otherwise provided in this constitution or by a law not inconsistent with this constitution, all executive acts of government shall be expressed to be taken in the name of the president. a constitutional or statutory instrument or any other instrument made, issued or executed in the name of the president shall be authenticated by the signature of a minister and the validity of any such instrument so authenticated shall not be called in question on the ground that it is not made, issued or executed by the president. 59. absence from ghana the president shall not leave ghana without prior notification in writing, signed by him and addressed to the speaker of parliament. 60. the vice-president and succession to the presidency there shall be a vice-president of ghana who shall perform such functions as may be assigned to him by this constitution or by the president. a candidate for the office of vice-president shall be designated by the candidate for the office of president before the election of the president. the provisions of article 62 of this constitution apply to a candidate for election as vice-president. a candidate shall be deemed to be duly elected as vice-president if the candidate who designated him as candidate for election to the office of vice-president has been duly elected as president in accordance with the provisions of article 63 of this constitution. the vice-president shall before commencing to perform the functions of vice-president, take and subscribe the oath of allegiance and the vice-presidential oath set out in the second schedule to this constitution. whenever the president dies, resigns or is removed from office, the vice-president shall assume office as president for the unexpired term of office of the president with effect from the date of the death, resignation or removal of the president. where the unexpired term served by the vice-president under clause (6) of this article exceeds half the term of a president, the vice-president is subsequently only eligible to serve one full term as, president. whenever the president is absent from ghana or is for any other reason unable to perform the functions of his office, the vice-president shall perform the functions of the president until the president returns or is able to perform his functions. the vice-president shall, before commencing to perform the functions of the president under clause (6) of this article, take and subscribe the oath set out in the second schedule to this constitution in relation to the office of president. the vice-president shall, upon assuming office as president under clause (6) of this article, nominate a person to the office of vice-president subject to approval by parliament. where the president and the vice-president are both unable to perform the functions of the president, the speaker of parliament shall perform those functions until the president or the vice-president is able to perform those functions or a new president assumes office, as the case may be. the speaker shall, before commencing to perform the functions of the president under clause (11) of this article, take and subscribe the oath set out in relation to the office of president. where the speaker of parliament assumes the office of president as a result of the death, resignation or removal from office of the president and the vice-president, there shall be a presidential election within three months after his assumption of office. the provisions of article 69 of this constitution shall apply to the removal from office of the vice-president. 61. public and presidential seals there shall be a public seal and a presidential seal, the use and custody of which shall, subject to the provisions of this constitution, be regulated by law. 62. qualifications of president a person shall not be qualified for election as the president of ghana unlesshe is a citizen of ghana by birth; he has attained the age of forty years; and he is a person who is otherwise qualified to be elected a member of parliament, except that the disqualifications set out in paragraphs (c), (d), and (e) of clause (2) of article 94 of this constitution shall not be removed, in respect of any such person, by a presidential pardon or by the lapse of time as provided for in clause (5) of that article. 63. election of president a person shall not be a candidate in a presidential election unless he is nominated for. election as president by a document whichis signed by him; and is signed by not less than two persons who are registered voters resident in the area of authority of each district assembly; is delivered to the electoral commission on or before the day appointed as nomination day in relation to the election; designates a person to serve as vice-president. the election of the president shall be on the terms of universal adult suffrage and shall, subject to the provisions of this constitution, be conducted in accordance with such regulations as may be prescribed by constitutional instrument by the electoral commission and shall be held so as to beginwhere a president is in office, not earlier than tour months nor later than one month before his term of office expires; and in any other case, within three months after the office of president becomes vacant; and shall be held at such place and shall begin on such date as the electoral commission shall, by constitutional instrument, specify. a person shall not be elected as president of ghana unless at. the presidential election the number of votes cast in his favour is more than fifty per cent of the total number of valid votes cast at the election. where at a presidential election there are more than two candidates and no candidate obtains the number or percentage of votes specified in clause (3) of this article a second election shall be held within twenty-one days after the previous election. the candidates for a presidential election held under clause (4) of this article shall be the two candidates who obtained the two highest numbers of votes at the previous election. where at a presidential election three or more candidates obtain the two highest numbers of votes referred to in clause (5)  of this article, then unless there are withdrawals such that only two candidates remain, another election shall be held within twenty-one days after the previous election at which the candidates who obtained the two highest numbers of votes shall, subject to any withdrawals, be the only candidates and the same process shall, subject to any withdrawal, be continued until a president is elected. a presidential candidate under clause (5) or (6) of this article may, by writing under his hand, withdraw his candidature at any time before the election. if after a second presidential election held under clause (4) of this article the two candidates obtained an equal number of votes, then, notwithstanding any withdrawal, another election shall be held within twenty-one days after the election at which the two candidates shall be the only candidates and the same process shall, subject to any withdrawal, be continued until a president is elected. an instrument whichis executed under the hand of the chairman of the electoral commission and under the seal of the commission; and states that the person named in the instrument was declared elected as the president of ghana at the election of the president, shall be prima facie evidence that the person named was so elected. 64. challenging election of president the validity of the election of the president may be challenged only by a citizen of ghana who may present a petition for the purpose to the supreme court within twenty-one days after the declaration of the result of the election in respect of which the petition is presented. a declaration by the supreme court that the election of the president is not valid shall be without prejudice to anything done by the president before the declaration. the rules of court committee shall, by constitutional instrument, make rules of court for the practice and procedure for petitions to the supreme court challenging the election of a president. 65. presidential election regulations the electoral commission shall, by constitutional instrument, make regulations for the purpose of giving effect to article 63 of this constitution. 66. term of office of president a person elected as president shall, subject to clause (3) of this article, hold office for a term of four years beginning from the date on which he is sworn in as president. a person shall not be elected to hold office as president of ghana for more than two terms. the office of president shall become vacanton the expiration of the period specified in clause (1) of this article; or if the incumbent dies or resigns from office or ceases to hold office under article 69 of this constitution. the president may, by writing signed by him, and addressed to the speaker of parliament, resign from his office as president. 67. presidential messages the president shall, at the beginning of each session of parliament and before a dissolution of parliament, deliver to parliament a message on the state of the nation. 68. conditions of office of president the president shall not, while he continues in office as presidenthold any other office of profit or emolument whether private or public and whether directly or indirectly; or hold the office of chancellor or head of any university in ghana. the president shall not, on leaving office as president, hold any office of profit or emolument, except with the permission of parliament, in any establishment, either directly or indirectly, other than that of the state. the president shall receive such salary, allowances and facilities as may be prescribed by parliament on the recommendations of the committee referred to in article 71 of this constitution. on leaving office, the president shall receive a gratuity in addition to pension, equivalent to his salary and other allowances and facilities prescribed by parliament in accordance with clause (3) of this article. the salary, allowances, facilities, pensions and gratuity referred to in clauses (3) and (4) shall be exempt from tax. where the president is removed from office under paragraph (c) of clause (1) of article 69 of this constitution or resigns, he shall be entitled to such pension and other retiring awards and facilities as parliament may prescribe on the recommendation of the committee referred to in article 71 of this constitution. the salary and allowances payable to the president and any pension or gratuity payable to him on leaving office shall be charged on the consolidated fund. the salary, allowances, facilities and privileges of the president shall not be varied to his disadvantage while he holds office. the pension payable to the president and the facilities available to him shall not be varied to his disadvantage during his lifetime. 69. removal of president the president shall be removed from office if he is found, in accordance with the provisions of this articleto have acted in willful violation of the oath of allegiance and the presidential oath set out in the second schedule to, or in willful violation of any other provision of, this constitution; or to have conducted himself in a mannerwhich brings or is likely to bring the high office of president into disrepute, ridicule or contempt; or prejudicial or inimical to the economy or the security of the state; or to be incapable of performing the functions of his office by reason of infirmity of body or mind. for the purposes of the removal from office of the president, a notice in writingsigned by not less than one-third of all the members of parliament, and stating that the conduct or the physical or mental capacity of the president be investigated on any of the grounds specified in clause (1) of this article, shall be given to the speaker who shall immediately inform the chief justice and deliver the notice to him copied to the president. the notice referred to in clause (2) of this article shall be accompanied by a statement in writing setting out in detail the facts, supported by the necessary documents, on which it is claimed that the conduct or the physical or mental capacity of the president be investigated for the purposes of his removal from office. subject to clause (5) of this article, the chief justice shall, by constitutional instrument, immediately convene a tribunal consisting of the chief justice as chairman and the four most senior justices of the supreme court and the tribunal shall inquire, in camera, whether there is a prima facie case for the removal of the president. where a notice under clause (2) of this article is delivered to the chief justice in respect of the removal from of tile president, on the grounds of physical or mental incapacity chief justice shall, in consultation with the professional head of the ghana health services, cause a medical board to be convened which shall consist of not less than four eminent medical specialists and the president shall be informed accordingly. the president shall be invited to submit himself for examination by the medical board within fourteen days after the appointment of the board. the president shall be entitled during the proceedings of the tribunal or of the medical board to be heard in his defence by himself or by a lawyer or other expert or person as the case may be, of his own choice. the rules of court committee shall, by constitutional instrument, make rules for the practice and procedure of the tribunal or of the medical board for the removal of the president. where the tribunal or medical board specified in clauses (4) and (5) of this article determines that there is a prima facie case for the removal of the president or that the president is by reason of physical or mental incapacity unable to perform the functions of his office, the findings shall immediately be submitted to the speaker of parliament through the chief justice and copied to the president. parliament shall, with in fourteen days after the date of the findings of the tribunal or medical board, move a resolution whether or not the president shall be removed from office. the resolution for the removal from office of the president shall be by a secret ballot and shall be taken to be approved by parliament if supported by the votes of not less than two-thirds of all the members of parliament after prior debate. the proceedings of parliament for the removal of the president shall not be held in camera except where parliament otherwise orders in the interest of national security. the president shall cease to hold office as president on the date parliament decides that he be removed from office. 70. appointments by president the president shall, acting in consultation with the council of state, appointthe commissioner for human rights and administrative justice and his deputies; the auditor-general; the district assemblies common fund administrator; the chairmen and other members ofthe public services commission; the lands commission; the governing bodies of public corporations; a national council for higher education howsoever described; and the holders of such other offices as may be prescribed by this constitution or by any other law not inconsistent with this constitution. the president shall, acting on the advice of the council of state, appoint the chairman, deputy chairmen, and other members of the electoral commission. 71. determination of certain emoluments the salaries and allowances payable, and the facilities and privileges available, tothe speaker and deputy speakers and members of parliament; the chief justice and the other justices of the superior court of judicature; the auditor-general, the chairman and deputy chairmen of the electoral commission, the commissioner for human rights and administrative justice and his deputies and the district assemblies common fund administrator; the chairman, vice-chairman and the other members ofa national council for higher education howsoever described; the public services commission; the national media commission; the lands commission; and the national commission for civic education; being expenditure charged on the consolidated fund, shall be determined by the president on the recommendations of a committee of not more than five persons appointed by the president, acting in accordance with the advice of the council of state. the salaries and allowances payable, and the facilities available, to the president, the vice-president, the chairman and the other members of the council of state; ministers of state and deputy ministers, being expenditure charged on the consolidated fund, shall be determined by parliament on the recommendations of the committee referred to in clause (1) of this article. for the purposes of this article, and except as otherwise provided in this constitution, "salaries" includes allowances, facilities and privileges and retiring benefits or awards. 72. prerogative of mercy the president may, acting in consultation with the council of stategrant to a person convicted of an offence a pardon either free or subject to lawful conditions; or grant to a person a respite, either indefinite or for a specified period, from the execution of punishment imposed on him for an offence; or substitute a less severe form of punishment for a punishment imposed on a person for an offence; or remit the whole or part of a punishment imposed on a person or of a penalty or forfeiture otherwise due to government on account of any offence. where a person is sentenced to death for an offence, a written report of the case from the trial judge or judges, together with such other information derived from the record of the case or elsewhere as may be necessary, shall be submitted to the president. for the avoidance of doubt, it is hereby declared that a reference in this article to a conviction or the imposition of a punishment, penalty, sentence or forfeiture includes a conviction or the imposition of a punishment, penalty, sentence or forfeiture by a court-martial or other military tribunal. part ii. international relations 73. international relations the government of ghana shall conduct its international affairs in consonance with the accepted principles of public international law and diplomacy in a manner consistent with the national interest of ghana. 74. diplomatic representation the president shall, acting in consultation with the council of state, appoint persons to represent ghana abroad. the president may receive envoys accredited to ghana. 75. execution of treaties the president may execute or cause to be executed treaties, agreements or conventions in the name of ghana. a treaty, agreement or convention executed by or under the authority of the president shall be subject to ratification byact of parliament; or a resolution of parliament supported by the votes of more than one-half of all the members of parliament. part iii. the cabinet 76. the cabinet there shall be a cabinet which shall consist of the president, the vice-president and not less than ten and not more than nineteen ministers of state. the cabinet shall assist the president in the determination of the general policy of the government. there shall be a secretary to the cabinet who shall be appointed by the president. 77. meetings of the cabinet the cabinet shall be summoned by the president who shall preside at all its meetings; and in the absence of the president, the vice-president shall preside. the cabinet shall regulate the procedure at its meetings. 78. ministers of state ministers of state shall be appointed by the president with the prior approval of parliament from among members of parliament or persons qualified to be elected as members of parliament, except that the majority of ministers of state shall be appointed from among members of parliament. the president shall appoint such number of ministers of state as may be necessary for the efficient running of the state. a minister of state shall not hold any other office of profit or emolument whether private or public and whether directly or indirectly unless otherwise permitted by the speaker acting on the recommendations of a committee of parliament on the groundthat holding that office will not prejudice the work of a minister; and that no conflict of interest arises or would arise as a result of the minister holding that office. 79. deputy ministers the president may, in consultation with a minister of state, and with the prior approval of parliament, appoint one or more deputy ministers to assist the minister in the performance of his functions. a person shall not be appointed a deputy minister unless he is a member of parliament or is qualified to be elected as a member of parliament clause(3) of article 78 applies to a deputy minister as it applies to a minister of state. 80. oaths a minister of state or deputy minister shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance, the oath of minister of state and the cabinet oath, as the case may be, set out in the second schedule to this constitution. 81. tenure of office of ministers, etc the office of a minister of state or a deputy minister shall become vacant ifhis appointment is revoked by the president; or he is elected as speaker or deputy speaker, or he resigns from office; or he dies. 82. vote of censure parliament may, by are solution supported by the votes of not less than two-thirds of all the members of parliament, pass a vote of censure on a minister of state. a motion for the resolution referred to in clause (1) of this article shall not be moved in parliament unlessseven days' notice has been given of the motion; and the notice for the motion has been signed by not less than one-third of all the members of parliament; the motion shall be debated in parliament within fourteen days after the receipt by the speaker of the notice for the motion. a minister of state in respect of whom a vote of censure is debated under clause (3) of this article is entitled, during the debate, to be heard in his defence. where a vote of censure is passed against a minister under this article the president may, unless the minister resigns his office, revoke his appointment as a minister. for the avoidance of doubt this article applies to a deputy minister as it applies to a minister of state. part iv. the national security council 83. the national security council there shall be a national security council which shall consist ofthe president; the vice-president; the ministers for the time being holding the portfolios of foreign affairs, defence, interior, and finance and such other ministers as the president may determine; the chief of defence staff and two other members of the armed forces; the inspector-general of police and two other members of the police service, one of whom shall be the commissioner of police responsible for criminal investigations department; the director-general of the prisons service; the director of external intelligence; the director of internal intelligence; the director of military intelligence; the commissioner of customs, excise and preventive service; and three persons appointed by the president. the president shall preside at meetings of the national security council and in his absence the vice-president shall preside. the president may, acting in consultation with the national security council, invite such persons as he considers necessary for any deliberations of the council. a person invited to participate in the deliberations of the council under clause (3) of this article shall not vote on any matter for decision before the council. the national security council shall regulate the procedure at its meetings. the secretary to the cabinet shall be the secretary to the national security council. 84. functions of the national security council the functions of the national security council includeconsidering and taking appropriate measures to safeguard the internal and external security of ghana; ensuring the collection of information relating to the security of ghana and the integration of the domestic, foreign and security policies relating to it so as to enable the security services and other departments and agencies of the government to co-operate more effectively in matters relating to national security; assessing and appraising the objectives, commitments and risks of ghana in relation to the actual and potential military power in the interest of national security; and taking appropriate measures regarding the consideration of policies on matters of common interest to the departments and agencies of the government concerned with national security. 85. establishment of security services no agency, establishment or other organization concerned with national security shall be established except as provided for under this constitution. part v. national development planning commission 86. national development, planning commission there shall be a national development planning commission. the commission shall consist ofa chairman who shall be appointed by the president in consultation with the council of state; the minister responsible for finance and such other ministers of state as the president may appoint; the government statistician; the governor of the bank of ghana; one representative from each region of ghana appointed by the regional coordinating council of the region; such other persons as may be appointed by the president having regard to their knowledge and experience of the relevant areas and roles pertaining to development, economic, social, environmental and spatial planning. the national development planning commission shall be responsible to the president. 87. functions of national development planning commission the commission shall advise the president on development planning policy and strategy. the commission shall, at the request of the president or parliament, or on its own initiativestudy and make strategic analyses of macro-economic and structural reform options; make proposals for the development of multi-year rolling plans taking into consideration the resource potential and comparative advantage of the different districts of ghana; make proposals for the protection of the natural and physical environment; make proposals for ensuring the even development of the districts of ghana by the effective utilisation of available resources; and monitor, evaluate and co-ordinate development policies, programmes and projects. the commission shall also perform such other functions relating to development planning as the president may direct. part vi. the attorney-general 88. the attorney general there shall be an attorney-general of ghana who shall be a minister of state and the principal legal adviser to the government. the attorney-general shall discharge such other duties of a legal nature as may be referred or assigned to him by the president, or imposed on him by this constitution or any other law. the attorney-general shall be responsible for the initiation and conduct of all prosecutions of criminal offences. all offences prosecuted in the name of the republic of ghana shall be at the suit of the attorney-general or any other person authorised by him in accordance with any law. the attorney-general shall be responsible for the institution and conduct of all civil cases on behalf of the state; and all civil proceedings against the state shall be instituted against the attorney-general as defendant. the attorney-general shall have audience in all courts in ghana. chapter 9. the council of state 89. the council of state there shall be a council of state to counsel the president in the performance of his functions. the council of state shall consist ofthe following persons appointed by the president in consultation with parliamentone person who has previously held the office of chief justice; one person who has previously held the office of chief of defence staff of the armed forces of ghana; one person who has previously held the office of inspectorgeneral of police; the president of the national house of chiefs; one representative from each region of ghana elected, in accordance with regulations made by the electoral commission under article 51 of this constitution, by an electoral college comprising representatives from each of the districts in the region nominated by the district assemblies in the region; and eleven other members appointed by the president. the council of state shall elect a chairman from among its members. a member of the council of state shall, at the first meeting of the council which he attends, take and subscribe the oath of secrecy and the oath of a member of the council of state set out in the second schedule to this constitution. a member of the council of state shall hold office until the end of the term of office of the president unlessthat member resigns by writing signed by him and addressed to the president, or becomes permanently incapacitated; or is removed from office or dies. the appointment of a member of the council of state may be terminated by the president on grounds of stated misbehaviour or of inability to perform his functions arising from infirmity of body or mind, and with the prior approval of parliament. the chairman and members of the council of state shall be entitled to such allowances and privileges as may be determined in accordance with article 71 of this constitution. the allowances and privileges of the chairman and other members of the council of state shall be charged on the consolidated fund and shall not be varied to their disadvantage while the hold office. 90. consideration of bills by the council of state a bill which has been published in the gazette or passed by parliament shall be considered by the council of state if the president so requests. a request from the president for consideration of a bill may be accompanied by a statement setting forth the amendments or changes, if any, which the president proposes for consideration by the council of state. consideration of a bill under clause (1) of this article shall be completed within thirty days after the third reading in parliament of that bill except that where the bill was passed under a certificate of urgency, the council of state shall consider it and report to the president within seventy-two hours. where the council of state decides not to propose an amendment to a bill the chairman shall, within seven days after the decision of the council, transmit the bill with a certificate to that effect addressed to the president. where the council of state decides to propose amendments to a bill, the bill, with a memorandum setting forth the amendments proposed on the bill, shall be transmitted by the chairman to the president within fifteen days after the conclusion of the consideration by the council of state. 91. other functions of the council the council of state shall consider and advise the president or any other authority in respect of any appointment which is required by this constitution or any other law to be made in accordance with the advice of, or in consultation with, the council of state. the advice referred to in clause (1) of this article shall be given not later than thirty days after the receipt of the request from the president or other authority. the council of state may, upon request or on its own initiative, consider and make recommendations on any matter being considered or dealt with by the president,, a minister of state, parliament or any other authority established by this constitution except that the president, minister of state, parliament or other authority shall not be required to act in accordance with any recommendation made by the council of state under this clause. the council of state shall perform such other functions as may be assigned to it by this constitution or any other law not inconsistent with this constitution. 92. meetings of council of state the council of state shall meet for the dispatch of business at least four times in a year at such time and place as the chairman may determine. the council of state shall also meet if requested bythe president; or parliament; or not less than five members of the council. the council of state shall hold its meetings in camera but may admit the public to any meetings whenever it considers it appropriate. the chairman of the council of state shall preside at every meeting of the council, and in his absence, a member of the council elected by the members of the council shall preside. a question for decision by the council of state shall not be proposed for determination unless there are present in the council more than one-half of all the members of the council. except as otherwise provided in this constitution, the question proposed shall be determined by the majority of the members present and voting. the council of state may, at any time, appoint any committees it considers appropriate and assign to them any matter or investigation which the council may determine. the council of state may, with the approval of the president, commission experts and consultants to advise it or to assist it in dealing with any specific issue on such terms and conditions as it may determine. a member of the council of state who is a party to, or is a partner in, a firm which is a party to a contract with the government shall, in any proceedings in the council of state relating to that contract, declare his interest or the interest of that firm and shall not vote on any question relating to that contract. the proceedings of the council of state shall not be invalidated bya vacancy in its membership, including a vacancy not filled when the council first meets; and the presence or participation of a person not entitled to be present or to participate in the proceedings of the council. subject to the provisions of this constitution, the council of state may regulate its own procedure. chapter 10. the legislature part i. composition of parliament 93. the parliament of ghana there shall be a parliament of ghana which shall consist of not less than one hundred and forty elected members. subject to the provisions of this constitution, the legislative power of ghana shall be vested in parliament and shall be exercised in accordance with this constitution. 94. qualifications and eligibility subject to the provisions of this article, a person shall not be qualified to be a member of parliament unlesshe is a citizen of ghana, has attained the age of twenty-one years and is a registered voter, he is resident in the constituency for which he stands as a candidate for election to parliament or has resided there for a total period of not less than five years out of the ten years immediately preceding the election for which he stands, or he hails from that constituency; and he has paid all his taxes or made arrangements satisfactory to the appropriate authority for the payment of his taxes. a person shall not be qualified to be a member of parliament if heowes allegiance to a country other than ghana; or has been adjudged or otherwise declared bankrupt under any law in force in ghana and has not been discharged; or to be of unsound mind or is detained as a criminal lunatic under any law in force in ghana; or has been convictedfor high crime under this constitution or high treason or treason or for an offence involving the security of the state, fraud, dishonesty or moral turpitude; or for any other offence punishable by death or by a sentence of not less than ten years; or for an offence relating to, or connected with election under a law in force in ghana at any time; or has been found by the report of a commission or a committee of inquiry to be incompetent to hold public office or is a person in respect of whom a commission or committee of inquiry has found that while being a public officer he acquired assets unlawfully or defrauded the state or misused or abused his office, or willfully acted in a manner prejudicial to the interest of the state, and the findings have not been set aside on appeal or judicial review; or is under sentence of death or other sentence of imprisonment imposed on him by any court., or is not qualified to be registered as a voter under any law relating to public elections; or is otherwise disqualified by a law in force at the time of the coming into force of this constitution, not being inconsistent with a provision of this constitution. a person shall not be eligible to be a member of parliament if heis prohibited from standing election by a law in force in ghana by reason of his holding or acting in an office the functions of which involve a responsibility for or are connected with the conduct of, an election or responsibility for the compilation or revision of an electoral register, or is a member of the police service, the prisons service, the armed forces, the judicial service, the legal service, the civil service, the audit service, the parliamentary service, the statistical service, the fire service, the customs, excise and preventive service, the immigration service, or the internal revenue service; or is a chief. for the purposes of paragraph (d) of clause (2) of this article, in the case of any finding made by a commission or committee of inquiry which is not a judicial or quasi-judicial commission or committee of inquiry, without prejudice to any appeal against or judicial review of that finding, the finding shall not have the effect of disqualifying a person under that paragraph unless it has been confirmed by a government white paper. a person shall not be taken to be disqualified to be a member of parliament under paragraph (c) or (d) of clause (2) of this article iften years or more have passed since the end of the sentence or the date of the publication of the report of the commission or committee of inquiry; or he has been pardoned. 95. the speaker there shall be a speaker of parliament who shall be elected by the members of parliament from among persons who are members of parliament or who are qualified to be elected as members of parliament. the speaker shall vacate his officeif he becomes a minister of state or a deputy minister, or if he resigns from office by writing signed by him and addressed to the clerk to parliament; or if any circumstances arise that, if he were not speaker, would disqualify him for election as a member of parliament; or if he is removed from office by a resolution of parliament supported by the votes of not less than three-quarters of all the members of parliament. no business shall be transacted in parliament other than an election to the office of speaker, at any time when the office of speaker is vacant. a person elected to the office of speaker shall, before entering upon the duties of his office, take and subscribe before parliament the oath of allegiance and the speaker's oath set out in the second schedule to this constitution. the speaker shall receive such salary and allowances, and on retirement, such retiring awards as may be determined in accordance with article 71 of this constitution. the salary and allowances payable to the speaker and any retiring awards payable to him on retirement shall be charged on the consolidated fund. the salary and other allowances payable to the speaker shall not be varied to his disadvantage during his tenure of office. 96. deputy speakers there shall be two deputy speakers of parliamentwho shall be elected by the members of parliament from among the members of parliament; and both of whom shall not be members of the same political party. the members of parliament shall elect a person to the office of deputy speaker when parliament first meets after a dissolution of parliament and if the office becomes vacant otherwise than by reason of a dissolution of parliament, at the first sitting of parliament after the office becomes vacant. the provisions of clause (2) of article 95 of this constitution shall apply in the case of a deputy speaker. 97. tenure of office of members a member of parliament shall vacate his seat in parliamentupon a dissolution of parliament; or if he is elected as speaker of parliament; or if he is absent, without the permission in writing of the speaker and he is unable to offer a reasonable explanation to the parliamentary committee on privileges from fifteen sittings of a meeting of parliament during any period that parliament has been summoned to meet and continues to meet; or if he is expelled from parliament after having been found guilty of contempt of parliament by a committee of parliament; or if any circumstances arise such that, if he were not a member of parliament, would cause him to be disqualified or ineligible for election, under article 94 of this constitution; or if he resigns from office as a member of parliament by writing under his hand addressed to the speaker; or if he leaves the party of which he was a member at the time of his election to parliament to join another party or seeks to remain in parliament as an independent member; or if he was elected a member of parliament as an independent candidate and joins a political party. notwithstanding paragraph (g) of clause (1) of this article, a merger of parties at the national level sanctioned by the parties' constitutions or membership of a coalition government of which his original party forms part, shall not affect the status of an member of parliament. 98. emoluments of members a member of parliament shall be paid such salary and allowances and provided with such facilities as may be determined in accordance with article 71 of this constitution. a member of parliament shall not hold any office of profit or emolument, whether private or public and either directly or indirectly, unless permitted to do so by the speaker acting on the recommendations of a committee of parliament on the grounds thatholding that office will not prejudice the work of a member of parliament; and no conflict of interest arises-or would arise as a result of the member holding that office. 99. determination of membership the high court shall have jurisdiction to hear and determine any question whethera person has been validly elected as a member of parliament or the seat of a member has become vacant; or a person has been validly elected as a speaker of parliament or, having been so elected, has vacated the office of speaker. a person aggrieved by the determination of the high court under this article may appeal to the court of appeal. part ii. procedure in parliament 100. oath of members a member of parliament shall, before taking his seat in parliament, take and subscribe before the speaker and in the presence of the members of parliament, the oath of allegiance and the oath of a member of parliament set out in the second schedule to this constitution. a member of parliament may, before taking the oaths referred to in clause (1) of this article, take part in the election of the speaker. 101. presiding in parliament the speaker shall preside in parliament at all sittings and in his absence a deputy speaker shall preside. 102. quorum in parliament a quorum of parliament, apart from the person presiding, shall be one-third of all the members of parliament. 103. committees of parliament parliament shall appoint standing committees and other committees as may be necessary for the effective discharge of its functions. the standing committees shall be appointed at the first meeting of parliament after the election of the speaker and the deputy speakers. committees of parliament shall be charged with such functions, including the investigation and inquiry into the activities and administration of ministries and departments as parliament may determine; and such investigation and inquiries may extend to proposals for legislation. every member of parliament shall be a member of at least one of the standing committees. the composition of the, committees shall, as much as possible, reflect the different shades of opinion in parliament. a committee appointed under this article shall have the powers, rights and privileges of the high court or a justice of the high court at a trial forenforcing the attendance of witnesses and examining them on oath, affirmation or otherwise; compelling the production of documents; and issuing a commission or request to examine witnesses abroad. 104. voting in parliament except as otherwise provided in this constitution, matters in parliament shall be determined by the votes of the majority of members present and voting, with at least half of all the members of parliament present. the speaker shall have neither an original nor casting vote. where the votes on any motion are equal it shall be taken to be lost. where parliament is considering a bill to amend the constitution, or where the voting is in relation to the election or removal of any person under this constitution or under any other law, voting shall be in secret. a member who is a party to or a partner in a firm which is a party to a contract with the government shall declare his interest and shall not vote on any question relating to the contract. 105. unqualified person sitting or voting a person who sits or votes in parliament knowing or having reasonable grounds for knowing that he is not entitled so to do commits an offence and shall be liable on conviction, to such penalty as shall be prescribed by or under an act of parliament. 106. mode of exercising legislative power the power of parliament to make laws shall be exercised by bills passed by parliament and assented to by the president. no bill, other than such a bill as is referred to in paragraph (a) of article 108 of this constitution, shall be introduced in parliament unlessit is accompanied by an explanatory memorandum setting out in detail the policy and principles of the bill, the defects of the existing law, the remedies proposed to deal with those defects and the necessity for its introduction; and it has been published in the gazette at least fourteen days before the date of its introduction in parliament. a bill affecting the institution of chieftaincy shall not be introduced in parliament without prior reference to the national house of chiefs. whenever a bill is read the first time in parliament, it shall be referred to the appropriate committee appointed under article 103 of this constitution which shall examine the bill in detail and make all such inquiries in relation to it as the committee considers expedient or necessary. where a bill has been deliberated upon by the appropriate committee, it shall be reported to parliament. the report of the committee, together with the explanatory memorandum to the bill, shall form the basis for a full debate on the bill for its passage, with or without amendments, or its rejection, by parliament. where a bill passed by parliament is presented to the president for assent lie shall signify, within seven days after the presentation, to the speaker that he assents to the bill or that he refuses to assent to the bill, unless the bill has been referred by the president to the council of state under article 90 of this constitution. where the president refuses to assent to a bill, he shall, within fourteen days after the refusalstate in a memorandum to the speaker any specific provisions of the bill which in his opinion should be reconsidered by parliament, including his recommendations for amendments if any; or inform the speaker that he has referred the bill to the council of state for consideration and comment under article 90 of this constitution. parliament shall reconsider a bill taking into account the comments made by the president or the council of state, as the case may be, under clause (8) of this article. where a bill reconsidered under clause (9) of this article is passed by parliament by a resolution supported by the votes of not less than two-thirds of all the members of parliament, the president shall assent to it within thirty days after the passing of the resolution. without prejudice to the power of parliament to postpone the operation of a law, a bill shall not become law until it has been duly passed and assented to in accordance with the provisions of this constitution and shall not come into force unless it has been published in the gazette. the provisions of clauses (7)  to (10) of this article shall not apply to a bill certified by the speaker as a bill to which the provisions of article 108 of this constitution apply; and accordingly, the president shall give his assent to any such bill when presented for assent. where it is determined by a committee of parliament appointed for the purpose that a particular bill is of an urgent nature, the provisions of the preceding clauses of this article, other than clause (1) and paragraph (a) of clause (2) shall not apply, and accordingly, the president shall give his assent to the bill on its presentation for assent. a bill introduced in parliament by or on behalf of the president shall not be delayed for more than three months in any committee of parliament. 107. retroactive legislation parliament shall have no power to pass any lawto alter the decision or judgment of any court as between the parties subject to that decision or judgment; or which operates retrospectively to impose any limitations on, or to adversely affect the personal rights and liberties of any person or to impose a burden, obligation or liability on any person except in the case of a law enacted under articles 178 to 182 of this constitution. 108. settlement of financial matters parliament shall not, unless the bill is introduced or the motion is introduced by, or on behalf of, the presidentproceed upon a bill including an amendment to a bill, that, in the opinion of the person presiding, makes provision for any of the followingthe imposition of taxation or the alteration of taxation otherwise than by reduction; or the imposition of a charge on the consolidated fund or other public funds of ghana or the alteration of any such charge otherwise than by reduction; or the payment, issue or withdrawal from the consolidated fund or other public funds of ghana of any moneys not charged on the consolidated fund or any increase in the amount of that payment, issue or withdrawal; or the composition or remission of any debt due to the government of ghana; or proceed upon a motion, including an amendment to a motion, the effect of which, in the opinion of the person presiding, would be to make provision for any of the purposes specified in paragraph (a) of this article. 109. professional organisations parliament may by law regulate professional, trade and business organisations. the affairs of an organisation referred to in clause (1) of this article shall be conducted on democratic lines. 110. standing orders of parliament subject to the provisions of this constitution, parliament may, by standing orders, regulate its own procedure, parliament may act notwithstanding a vacancy in its membership, including a vacancy hot filled when parliament first meets after a dissolution of parliament; and the presence or the participation of a person not entitled to be present or to participate in the proceedings of parliament shall not invalidate these proceedings. 111. attendance in parliament of vice-president and ministers the vice-president, or a minister or deputy minister who is not a member of parliament, shall be entitled to participate in the proceedings of parliament and shall be accorded all the privileges of a member of parliament except that he is not entitled to vote or to hold an office in parliament. part iii. summoning, dissolution, etc 112. sessions of parliament a session of parliament shall be held at such place within ghana and shall commence at such time as the speaker may, by constitutional instrument, appoint. a session of parliament shall be held at least once a year, so that the period between the last sitting of parliament in one session and the first sitting of parliament in the next session does not amount to twelve months. notwithstanding any other provision of this article, fifteen percent of members of parliament may request a meeting of parliament; and the speaker shall, within seven days after the receipt of the request, summon parliament. subject to clause (2) of article 113 of this constitution, a general election of members of parliament shall be held within thirty days before the expiration of the period specified in clause (1) of that article; and a session of parliament shall be appointed to commence within fourteen days after the expiration of that period. whenever a vacancy occurs in parliament, the clerk of parliament shall notify the electoral commission in writing within seven days after becoming aware that the vacancy has occurred; and a by-election shall be held within thirty days after the vacancy occurred except that where the vacancy occurred through the death of a member, the by-election shall be held within sixty days after the occurrence of the vacancy. notwithstanding clause (5) of this article, a by-election shall not be held within three months before the holding of a general election. 113. dissolution of parliament subject to clause (2) of this article, parliament shall continue for four years from the date of its first sitting and shall then stand dissolved. at any time when ghana is actually engaged in war, parliament may', from time to time by resolution supported by the votes of not less than two-thirds of all the members of parliament, extend the period of four years specified in clause (1) of this article for not more than twelve months at a time, except that the life of parliament shall not be extended under this clause for more than four years. where, after a dissolution of parliament but before the holding of a general election, the president is satisfied that owing to the existence of a state of war or of a state of public emergency in ghana or any part of ghana, it is necessary to recall parliament, the president shall cause to be summoned the parliament that has been dissolved to meet. unless the life of parliament is extended under the provisions of clause (2) of this article, the general election of members of parliament shall proceed and the parliament that has been recalled shall, if not sooner dissolved, again stand dissolved on the date appointed for the general election. 114. gratuities for members of parliament a person who has served as a member of parliament for any period of time shall, on his death or on his ceasing to be a member of parliament in any circumstance, other than where he becomes disqualified as a member of parliament, or where he vacates his office under article 97 (1) (c) or (d), be eligible for the payment to his personal representatives or to him of such gratuity proportionate to his period of service as shall be determined by the president, acting in consultation with the committee referred to in article 71 of this constitution. part iv. privileges and immunities 115. freedom of speech and of proceedings there shall be freedom of speech, debate and proceedings in parliament and that freedom shall not be impeached or questioned in any court or place out of parliament. 116. immunity prom proceedings for acts in parliament subject to the provisions of this article, but without prejudice to the general effect of article 115 of this constitution, civil or criminal proceedings shall not be instituted against a member of parliament in any court or place out of parliament for any matter or thing brought by him in or before parliament by petition, bill, motion or otherwise. whenever in the opinion of the person presiding in parliament a statement made by a member is prima facie defamatory of any person, the person presiding shall refer the matter for inquiry to the parliamentary committee on privileges which shall report its findings to parliament not later than thirty days after the matter was referred to it. where the committee referred to in clause (2) of this article reports to parliament that the statement made by the member is defamatory of any person, the member who made the statement shall, within seven days after that report, render an apology at the bar of parliament, the terms of which shall be approved by the parliamentary committee on privileges and communicated to the person who has been defamed. where a member refuses to render an apology in accordance with clause (3) of this article, the speaker shall suspend that member for the duration of the session of parliament in which the defamatory statement was made and a member so suspended shall lose his parliamentary privileges, immunities and remuneration, but they shall be restored to him if, at any time before the end of the session, he renders the apology as required by clause (3) of this article. a person who has made a contemporaneous report of the proceedings in parliament, including a statement which has been the subject of an inquiry under clause (2) of this article, shall publish the apology referred to in clause (3) of this article or the suspension or the apology referred to in clause (4) of this article with the same prominence as he published the first report. if a person fails to publish the apology as required by clause (5) of this article, he shall not be protected by privilege. 117. immunity from service of process and arrest civil or criminal process coming from any court or place out of parliament shall not be served on, or executed in relation to, the speaker or a member or the clerk to parliament while he is on his way to, attending at or returning from, any proceedings of parliament. 118. immunity from witness summons neither the speaker, nor a member of, nor the clerk to, parliament shall be compelled, while attending parliament to appear as a witness in any court or place out of parliament. the certificate of the speaker that a member or the clerk is attending the proceedings of parliament is conclusive evidence of attendance at parliament. 119. immunity from service as juror neither the speaker, nor a member of, nor the clerk to, parliament shall be required to serve on a jury in any court or place out of parliament. 120. immunity for publication of proceedings subject to the provisions of this constitution, a person shall not be under any civil or criminal liability in respect of the publication ofthe text or a summary of any report, papers, minutes, votes and proceedings of parliament; or a contemporaneous report of the proceedings of parliament unless it is shown that the publication was effected maliciously or otherwise without good faith. 121. privileges of witnesses a person summoned to attend to give evidence or to produce a paper, book, record or other document before parliament, shall be entitled, in respect of his evidence, or the production of the document, as the case may be, to the same privileges as if he were appearing before a court. a public officer shall not be required to produce before parliament a document wherethe speaker certifiesthat the document belongs to a class of documents, the production of which is injurious to the public interest; or that disclosure of the contents of the document will be injurious to the public interest; or the national security council certifiesthat the document belongs to a class of documents, the production of which is prejudicial to the security of the state; or that disclosure of the contents of the document will be prejudicial to the security of the state. where there is a doubt as to the nature of a document such as is referred to in clause (2) of this article, the speaker or the national security council, as the case may be, shall refer the matter to the supreme court for determination whether the production, or the disclosure of the, contents, of the document would be injurious to the public interest or, as the case may be, prejudicial to the security of the state. an answer by a person to a question put by parliament shall not be admissible in evidence against him in any civil or criminal proceedings out of parliament, except proceedings for perjury brought under the criminal law. part v. contempt of parliament 122. general contempt an act or omission which obstructs or impedes parliament in the performance of its functions or which obstructs or impedes a member or officer of parliament in the discharge of his duties, or affronts the dignity of parliament or which tends either directly or indirectly to produce that result, is contempt of parliament. 123. criminal proceedings where an act or omission which constitutes contempt of parliament is an offence under the criminal law, the exercise by parliament of the power to punish for contempt shall not be a bar to the institution of proceedings under the criminal law. part vi. the parliamentary service 124. the parliamentary service there shall be a parliamentary service which shall form part of the public services of ghana. there shall be a parliamentary service board which shall consist ofthe speaker, as chairman; four other members all of whom shall be appointed by the speaker, acting in accordance with the advice of a committee of parliament; and the clerk to parliament. there shall be a clerk to parliament who shall be the head of the parliamentary service. the appointment of the clerk and the other members of his staff in the parliamentary service shall be made by the parliamentary service board in consultation with the public services commission. the parliamentary service board shall, with the prior approval of parliament, make regulations, by constitutional instrument, prescribing the terms and conditions of service of the officers and other employees in the parliamentary service and generally for the effective and efficient administration of the parliamentary service. chapter 11. the judiciary part i. general 125. the judicial power of ghana justice emanates from the people and shall be administered in the name of the republic by the judiciary which shall be independent and subject only to this constitution. citizens may exercise popular participation in the administration of justice through the institutions of public and customary tribunals and the jury and assessor systems. the judicial power of ghana shall be vested in the judiciary, accordingly, neither the president nor parliament nor any organ or agency of the president or parliament shall have or be given final judicial power. the chief justice shall, subject to this constitution, be the head of the judiciary and shall be responsible for the administration and supervision of the judiciary. the judiciary shall have jurisdiction in all matters civil and criminal, including matters relating to this constitution, and such other jurisdiction as parliament may, by law, confer on it. 126. composition and mode of exercise of power of judiciary the judiciary shall consist ofthe superior courts of judicature comprising the supreme court; the court of appeal; and the high court and regional tribunals. such lower courts or tribunals as parliament may by law establish. the superior courts shall be superior courts of record and shall have the power to commit for contempt to themselves and all such powers as were vested in a court of record immediately before the coming into force of this constitution. except as otherwise provided in this constitution or as may otherwise be ordered by a court in the interest of public morality, public safety or public order, the proceedings of every court shall be held in public. in the exercise of the judicial power conferred on the judiciary by this constitution or any other law, the superior courts may, in relation to any matter within their jurisdiction, issue such orders and directions as may be necessary to ensure the enforcement of any judgment, decree or order of those courts. 127. independence of the judiciary in the exercise of the judicial power of, ghana, the judiciary, in both its judicial and administrative functions, including financial administration, is subject only to this constitution and shall not be the subject to the control or direction of any person or authority. neither the president nor parliament nor any person acting under the authority of the president or parliament nor any other person whatsoever shall interfere with judges or judicial officers or other persons exercising judicial power, in the exercise of their judicial functions; and all organs and agencies of the state shall accord to the courts such assistance as the courts may reasonably require to protect the independence, dignity and effectiveness of the courts, subject to this constitution. a justice of a superior court, or any person exercising judicial power, shall not be liable to any action or suit for any act or omission by him in the exercise of the judicial power. the administrative expenses of the judiciary, including all salaries, allowances, gratuities and pensions payable to or in respect of, persons serving in the judiciary, shall be charged on the consolidated fund. the salary, allowances, privileges and rights in respect of leave of absence, gratuity, pension and other conditions of service of a justice of the superior court or any judicial officer or other person exercising judicial power, shall not be varied to his disadvantage. funds voted by parliament, or charged on the consolidated fund by this constitution for the judiciary, shall be released to the judiciary, in quarterly installments. for the purposes of clause (l) of this article, "financial administration" includes the operation of banking facilities by the judiciary without the interference of any person or authority, other than for the purposes of audit by the auditor-general, of the funds voted by parliament or charged on the consolidated fund by this constitution or any other law, for the purposes of defraying the expenses of the judiciary in respect of which the funds were voted or charged. part ii. the supreme court 128. composition of supreme court and qualifications of its justices the supreme court shall consist of the chief justice and not less than nine other justices of the supreme court. the supreme court shall be duly constituted for its work by not less than five supreme court justices except as otherwise provided in article 133 of this constitution. the chief justice shall preside at sittings of the supreme court and in his absence, the most senior of the justices of the supreme court, as constituted, shall preside. a person shall not be qualified for appointment as a justice of the supreme court unless he is of high moral character and proven integrity and is of not less than fifteen years' standing as a lawyer. 129. general jurisdiction of supreme court the supreme court shall be the final court of appeal and shall have such appellate and other jurisdiction as may be conferred on it by this constitution or by any other law. the supreme court shall not be bound to follow the decisions of any other court. the supreme court may, while treating its own previous decisions as normally binding, depart from a previous decision when it appears to it right to do so; and all other courts shall be bound to follow the decisions of the supreme court on questions of law. for the purposes of hearing and determining a matter within its jurisdiction and the amendment, execution or the enforcement of a judgment or order made on any matter, and for the purposes of any other authority, expressly or by necessary implication given to the supreme court by this constitution or any other law, the supreme court shall have all the powers, authority and jurisdiction vested in any court established by this constitution or any other law. 130. original jurisdiction of supreme court subject to the jurisdiction of the high court in the enforcement of the fundamental human rights and freedoms as provided in article 33 of this constitution, the supreme court shall have exclusive original jurisdiction inall matters relating to the enforcement or interpretation of this constitution; and all matters arising as to whether an enactment was made in excess of the powers conferred on parliament or any other authority or person by law or under this constitution. where an issue that relates to a matter or question referred to in clause (1) of this article arises in any proceedings in a court other than the supreme court, that court shall stay the proceedings and refer the question of law involved to the supreme court for determination; and the court in which the question arose shall dispose of the case in accordance with the decision of the supreme court. 131. appellate jurisdiction of supreme court an appeal shall lie from a judgment of the court of appeal to the supreme courtas of right in a civil or criminal cause or matter in respect of which an appeal has been brought to the court of appeal from a judgment of the high court or a regional tribunal in the exercise of its original jurisdiction; or with the leave of the court of appeal, in any other cause or matter, where the case was commenced in a court lower than the high court or a regional tribunal and where the court of appeal is satisfied that the case involves a substantial question of law or is in the public interest. notwithstanding clause (1) of this article, the supreme court may entertain an application for special leave to appeal to the supreme court in any cause or matter, civil or criminal, and may grant leave accordingly. the supreme court shall have appellate jurisdiction, to the exclusion of the court of appeal, to determine matters relating to the conviction or otherwise of a person for high treason or treason by the high court. an appeal from a decision of the judicial committee of the national house of chiefs shall lie to the supreme court with the leave of that judicial committee or the supreme court. 132. supervisory jurisdiction of supreme court the supreme court shall have supervisory jurisdiction over all courts and over any adjudicating authority and may, in the exercise of that supervisory jurisdiction, issue orders and directions for the purpose of enforcing or securing the enforcement of its supervisory power. 133. power of supreme court to review its decisions the supreme court may review any decision made or given by it on such grounds and subject to such conditions as may be prescribed by rules of court. the supreme court, when reviewing its decisions under this article, shall be constituted by not less than seven justices of the supreme court. 134. powers of a single justice of supreme court a single justice of the supreme court may exercise power vested in the supreme court not involving the decision of a cause or matter before the supreme court, except thatin criminal matters, where that justice refuses or grants an application in the exercise of any such power, a person affected by it is entitled to have the application determined by the supreme court constituted by three justices of the supreme court; and in civil matters, any order, direction or decision made or given under this article may be varied, discharged or reversed by the supreme court, constituted by three justices of the supreme court. 135. production of official documents in court the supreme court shall have exclusive jurisdiction to determine whether an official document shall not be produced in court because its production or the disclosure of its contents will be prejudicial to the security of the state or will be injurious to the public interest. where any issue referred to in clause (1) of this article arises as to the production or otherwise of an official document in any proceedings before any court, other than the supreme court, the proceedings in that other court shall be suspended while the supreme court examines the document and determines whether the document should be produced or not; and the supreme court shall make the appropriate order. the proceedings of the supreme court as to whether an official document may be produced shall be held in camera. part iii. the court of appeal 136. composition of court of appeal and qualifications of its justices the court of appeal shall consist ofthe chief justice; subject to clauses (2) and (3) of this article, not less than ten justices of the court of appeal; and such other justices of the superior court of judicature as the chief justice may, for the determination of a particular cause or matter by writing signed by him, request to sit in the court of appeal for any specified period. the court of appeal shall be duly constituted by any three of the justices referred to in clause (1) of this article and when so constituted, the most senior of the justices shall preside. a person shall not be qualified for appointment as a justice of the court of appeal unless he is of high moral character and proven integrity and is of not less than twelve years' standing as a lawyer. the chief justice may create such divisions of the court of appeal as he considers necessary to sit in such places as he may determine. subject to clause (3) of article 129 of this constitution, the court of appeal shall be bound by its own previous decisions; and all courts lower than the court of appeal shall follow the decisions of the court of appeal on questions of law. 137. jurisdiction of court of appeal the court of appeal shall have jurisdiction throughout ghana to hear and determine, subject to the provisions of this constitution, appeals from a judgment, decree or order of the high court and regional tribunals and such other appellate jurisdiction as may be conferred on it by this constitution or any other law. except as otherwise provided in this constitution, an appeal shall lie as of right from a judgment, decree or order of the high court and a regional tribunal to the court of appeal. for the purposes of hearing and determining an appeal within its jurisdiction and the amendment, execution or the enforcement of a judgment or order made on any appeal, and, for the purposes of any other authority expressly or by necessary implication given to the court of appeal by this constitution or any other law, the court of appeal shall have all the powers, authority and jurisdiction vested in the court from which the appeal is brought. 138. powers of a single justice of court of appeal a single justice of the court of appeal may exercise a power vested in the court of appeal, not involving the decision of a cause or matter before the court of appeal, except thatin criminal matters, where that justice refuses or grants an application in the exercise of any such power, a person affected by it is entitled to have the application determined by the court of appeal as duly constituted; and in civil matters, any order, direction or decision made or given in exercise of the powers conferred by this article, may be varied, discharged or reversed by the court of appeal as duly constituted. part iv. the high court 139. position of high court and qualifications of its justices the high court shall consist of the chief justice; not less than twenty justices of the high court; and such other justices of the superior court of judicature as the chief justice may, by writing signed by him, request to sit as high court justices for any period. the high court shall be constitutedby a single justice of the court; or by a single justice of the court and jury; or by a single justice of the court with assessors; or by three justices of the court for the trial of the offence of high treason or treason as required by article 19 of this constitution. there shall be in the high court such divisions consisting of such number of justices respectively as the chief justice may determine. a person shall not be qualified for appointment as a justice of the high court unless he is a person of high moral character and proven integrity and is of at least ten years' standing as a lawyer. 140. jurisdiction of the high court the high court shall, subject to the provisions of this constitution, have jurisdiction in all matters and in particular, in civil and criminal matters and such original, appellate and other jurisdiction as may be conferred on it by this constitution or any other law. the high court shall have jurisdiction to enforce the fundamental human rights and freedoms guaranteed by this constitution. the high court shall have no power, in a trial for the offence of high treason or treason, to convict any person for an offence other than high treason or treason. a justice of the high court may, in accordance with rules of court, exercise in court or in chambers, all or any of the jurisdiction vested in the high court by this constitution or any other law. for the purposes of hearing and determining an appeal within its jurisdiction and the amendment, execution or the enforcement of a judgment or order made on any appeal, and for the purposes of any other authority, expressly or by necessary implication given to the high court by this constitution or any other law, the high court shall have all the powers, authority and jurisdiction vested in the court from which the appeal is brought. 141. supervisory jurisdiction of the high court the high court shall have supervisory jurisdiction over all lower courts and any lower adjudicating authority; and may, in the exercise of that jurisdiction, issue orders and directions for the purpose of enforcing or securing the enforcement of its supervisory powers part v. regional tribunals 142. establishment and composition of regional tribunals and qualifications of chairmen and other panel members there shall be established in each region of ghana such regional tribunals as the chief justice may determine. a regional tribunal shall consist ofthe chief justice; one chairman; and such members who may or may not be lawyers as shall be designated by the chief justice to sit as panel members of a regional tribunal and for such period as shall be specified in writing by the chief justice. a regional tribunal shall be duly constituted by a panel consisting of the chairman and not less than two other panel members. a person shall not be appointed to be a chairman of a regional tribunal unless he is qualified to be appointed a justice of the high court. a panel member of a regional tribunal shall be a person of high moral character and proven integrity. 143. jurisdiction of regional tribunals a regional tribunal shall have jurisdiction to try such offences against the state and the public interest as parliament may, by law, prescribe. a regional tribunal shall have such appellate jurisdiction relating to the matters described in clause (1) of this article, as may be prescribed by law. for the purpose of hearing and determining an appeal within its jurisdiction and the amendment, execution or enforcement of a judgment or order on any appeal, and for the purposes of any other authority expressly or by necessary implication given to it by this constitution or any other law, a regional tribunal shall have all the powers, authority and jurisdiction vested in the tribunal from which the appeal is brought. part vi. appointment, retirement and removal of justices of superior courts and chairmen and other members of regional tribunals 144. appointment of justices of superior courts and chairmen and other members of regional tribunals the chief justice shall be appointed by the president acting in consultation with the council of state and with the approval of parliament. the other supreme court justices shall be appointed by the president acting on the advice of the judicial council, in consultation with the council of state and with the approval of parliament. justices of the court of appeal and of the high court and chairmen of regional tribunals shall be appointed by the president acting on the advice of the judicial council. panel members of regional tribunals other than the chairmen shall be appointed by the chief justice in consultation with the regional coordinating council for the region and on the advice of the judicial council. justices of the superior courts and chairmen of regional tribunals shall be appointed by warrant under the hand of the president and sealed by the presidential seal. where the office of chief justice is vacant, or where the chief justice is for any reason unable to perform the functions of his officeuntil a person has been appointed to, and has assumed the functions of, that office; or until the person holding that office has resumed the functions of that office; as the case may be, those functions shall be performed by the most senior of the justices of the supreme court. the office of a justice of the superior court shall not be abolished while there is a substantive holder in office. a chairman of a regional tribunal shall enjoy the same salary, allowances, gratuity and pension conditions as a justice of the high court. where the office of a justice of the high court or a chairman of the regional tribunal is vacant or for any reason, a justice of the high court or a chairman of the regional tribunal is unable to perform the functions of his office, or if the chief justice advises the president that the state of business in the high court or regional tribunal so requires, the president may, acting in accordance with the advice of the judicial council, appoint a person who has held office as, or a person qualified for appointment as, a justice of the high court or a chairman of the regional tribunal to act as a justice of the high court or a chairman of the regional tribunal. a person appointed under clause (9)  of this article to act as a justice of the high court or a chairman of the regional tribunal shall continue to act for the period of his appointment or, where no period is specified, until his appointment is revoked by the president, acting in accordance with the advice of the judicial council. notwithstanding the expiration of the period of his appointment or the revocation of his appointment under clause (10) of this article, a person appointed under clause (9)  of this article may thereafter continue to act for a period not exceeding six months, to enable him to deliver judgment or do any other thing in relation to proceedings that were commenced before him previous to the expiration or revocation. 145. retirement and resignation of justices of the superior courts and chairmen of regional tribunals a justice of a superior court or a chairman of a regional tribunal may retire at any time after attaining the age of sixty years. a justice of a superior court or a chairman of a regional tribunal shall vacate his officein the case of a justice of the supreme court or the court of appeal, on attaining the age of seventy years; or in the case of a justice of the high court or a chairman of a regional tribunal, on attaining the age of sixty-five years; or upon his removal from office in accordance with article 146 of this constitution. a justice of the superior court of judicature or a chairman of a regional tribunal may resign his off-ice by writing signed by him and addressed to the president. notwithstanding that he has attained the age at which he is required by this article to vacate his office, a person holding office as a justice of a superior court or chairman of a regional tribunal may continue in office for a period not exceeding six months after attaining that age, as may be necessary to enable him to deliver judgment or do any other thing in relation to proceedings that were commenced before him previous to his attaining that age. 146. removal of justices of superior courts and chairmen of regional tribunals a justice of the superior court or a chairman of a regional tribunal shall not be removed from office except for stated misbehaviour or incompetence or on ground of inability to perform the functions of his office arising from infirmity of body or mind. a justice of the superior court of judicature or a chairman of a regional tribunal may only be removed in accordance with the procedure specified in this article. if the president receives a petition for the removal of a justice of a superior court other than the chief justice or for the removal of the chairman of a regional tribunal, he shall refer the petition to the chief justice, who shall determine whether there is a prima facie case. where the chief justice decides that there is a prima facie case, he shall set up a committee consisting of three justices of the superior courts or chairmen of the regional tribunals or both, appointed by the judicial council and two other persons who are not members of the council of state, nor members of parliament, nor lawyers, and who shall be appointed by the chief justice on the advice of the council of state. the committee appointed under clause (4)  of this article shall investigate the complaint and shall make its recommendations to the chief justice who shall forward them to the president. where the petition is for the removal of the chief justice, the president shall, acting in consultation with the council of state, appoint a committee consisting of two justices of the supreme court, one of whom shall be appointed chairman by the president, and three other persons who are not members of the council of state, nor members of parliament, nor lawyers. the committee appointed under clause (6)  of this article shall inquire into the petition and recommend to the president whether the chief justice ought to be removed from office. all proceedings under this article shall be held in camera, and the justice or chairman against whom the petition is made is entitled to be heard in his defence by himself or by a lawyer or other expert of his choice. the president shall, in each case, act in accordance with the recommendations of the committee. where a petition has been referred to a committee under this article, the president mayin the case of the chief justice, acting in accordance with the advice of the council of state, by warrant signed by him, suspend the chief justice; in the case of any other justice of a superior court or of a chairman of a regional tribunal, acting in accordance with the advice of the judicial council, suspend that justice or that chairman of a regional tribunal. the president may, at any time, revoke a suspension under this article. 147. service conditions and removal of panel members of regional tribunal other than the chairman a panel member of a regional tribunal, other than the chairman, shall have such allowances and benefits as may be determined by the president acting on the advice of the judicial council. a panel member of a regional tribunal other than the chairman may be removed by the chief justice acting on the advice of the judicial council and of the regional coordinating council on grounds of stated misbehaviour or incompetence or on ground of inability to perform his functions arising from infirmity of body or mind. for the purposes of clause (2) of this article the panel member concerned is entitled to be heard in his defence by himself or by a lawyer or other expert of his choice. part vii. appointment, retirement and removal of judicial officers 148. appointment of judicial officers subject to the provisions of this article, the power to appoint persons to hold or to act in a judicial office shall be vested, subject to the approval of the president, in the chief justice acting on the advice of the judicial council. 149. conditions of service of judicial officers judicial officers shall receive such salaries, allowances, facilities and privileges and other benefits as the president may, acting on the advice of the judicial council, determine. 150. retirement and resignation of judicial officers a judicial officermay retire from his office at any time after attaining the age of forty-five years; and shall vacate his office on attaining the age of sixty years. a judicial officer may resign his office by writing addressed to the chief justice. 151. removal of judicial officers a person holding a judicial office may be removed from office by the chief justice on grounds only of stated misbehaviour, incompetence or inability to perform his functions arising from infirmity of body or mind and upon a resolution supported by the votes of not less than two-thirds of all the members of the judicial council. for the purpose of clause (1) of this article, the judicial officer shall be entitled to be heard in his defence by himself or by a lawyer or other expert of his choice. 152. appointment allowances and removal of lower court or tribunal panel members a panel member of a lower court or tribunal other than the person presidingshall be appointed by the chief justice acting on the advice of the judicial council and in consultation with the relevant district assembly from among persons of high moral character and proven integrity; shall be paid such allowances and benefits as the judicial council may determine; and may be removed by the chief justice on the advice of the judicial council on ground of stated misbehaviour, incompetence or inability to perform his functions arising from infirmity of body or mind. for the purposes of paragraph (c) of clause (1) of this article the panel member concerned is entitled to be heard in his defence by himself or by a lawyer or other expert of his choice. part viii. the judicial council 153. judicial council there shall be a judicial council which shall comprise the following persons the chief justice who shall be chairman,. the attorney-general; a justice of the supreme court nominated by the justices of the supreme court., a justice of the court of appeal nominated by the justices of the court of appeal; a justice of the high court nominated by the justices of the high court; two representatives of the ghana bar association one of whom shall be a person of not less than twelve years' standing as a lawyer, a representative of the chairmen of regional tribunals nominated by the chairmen; a representative of the lower courts or tribunals; the judge advocate-general of the ghana armed forces; the head of the legal directorate of the police service; the editor of the ghana law reports; a representative of the judicial service staff association nominated by the association; a chief nominated by the national house of chiefs; and four other persons who are not lawyers appointed by the president. 154. functions of judicial council the functions of the judicial council areto propose for the consideration of government, judicial reforms to improve the level of administration of justice and efficiency in the judiciary; to be a forum for consideration and discussion of matters relating to the discharge of the functions of the judiciary and thereby assist the chief justice in the performance of his duties with a view to ensuring efficiency and effective realization of justice; and to perform any other functions conferred on it by or under this constitution or any other law not inconsistent with this constitution. the judicial council may establish such committees as it considers necessary to which it shall refer matters relating to the judiciary. part ix. miscellaneous 155. retiring awards of superior court justices notwithstanding the provisions of this chapter, a justice of the superior court of judicature who has attained the age of sixty years or above, shall, on retiring, in addition to any gratuity payable to him, be paid a pension equal to the salary payable for the time being to a justice of the superior court from which he retired wherehe has served for ten continuous years or more as a justice of the superior court of judicature; or he has served for twenty years or more in the public service at least five continuous years of which were as a justice of the superior court of judicature; and upon retirement under this clause, he shall not hold any private office of profit or emolument whether directly or indirectly. for the avoidance of doubt, the pension paid to a person under clause (1) of this article shall be subject to the same changes and increases as the salary of a serving justice of the superior court of judicature. a justice of the superior court of judicature may, in lieu of retiring under clause (1) of this article, retire if he has attained the age prescribed as retiring age for public officers generally, and shall be paid retiring awards based on his total public service, including service as a justice of the superior court of judicature, but otherwise at the same rate as is, for the time being applicable to the public service generally. 156. judicial oath a justice of a superior court, the chairman of a regional tribunal, and also a person presiding over a lower court or tribunal, and any other judicial officer or person whose functions involve the exercise by him of judicial power shall, before assuming the exercise of the duties of his office, take and subscribe the oath of allegiance and the judicial oath set out in the second schedule to this constitution. the president may, on the advice of the chief justice, direct that any other person connected with the exercise of judicial power, shall take and subscribe the judicial oath. the oath of allegiance and the judicial oath required by this article shall be taken and subscribedin the case of the chief justice or other justice of a superior court, and a chairman of a regional tribunal, before the president; and in the case of any other person, before the chief justice or before any other justice of a superior court or chairman of a regional tribunal as the chief justice may direct. 157. rules of court there shall be a rules of court, committee which shall consist of the chief justice, who shall be chairman; six members of the judicial council other than the chief justice nominated by the judicial council. two lawyers, one of not less than ten and the other of not more than five years' standing, both of whom shall be nominated by the ghana bar association. the rules of court committee shall, by constitutional instrument, make rules and regulations for regulating the practice and procedure of all courts in ghana. without prejudice to clause (2) of this article, no person sitting in a superior court for the determination of any cause or matter shall, having heard the arguments of the parties to that cause or matter and before judgment is delivered, withdraw as a member of the court or tribunal, or as a member of the panel determining that cause or matter, nor shall that person become functus officio in respect of that cause or matter, until judgment is delivered. 158. other officers and employees of courts the appointment of officers and employees of the courts other than those expressly provided for by other provisions of this constitution, shall be made by the chief justice or other justice or other officer of the court as the chief justice may direct in writing. the judicial council shall, acting in consultation with the public services commission and with the prior approval of the president, by constitutional, instrument, make regulations prescribing the terms and conditions of service of the persons to whom clause (1) of this article applies. 159. regulations by chief justice the chief justice may acting in accordance with the advice of the judicial council and with the approval of the president, by constitutional instrument, make regulations for the efficient performance of the functions of the judicial service and the judicial council under this chapter. 160. fees of the courts to form part of consolidated fund the fees, fines and other moneys paid to the courts shall form part of the consolidated fund. 161. interpretation in this chapter, unless the context otherwise requires – "court" includes a tribunal; "judicial office" means the office of a person presiding over a lower court or tribunal howsoever described; the office of the judicial secretary or registrar of the superior courts; such other offices connected with any court as may be prescribed by constitutional instrument made by the chief justice acting in accordance with the advice of the judicial council and with the approval of the president; "judicial officer" means the holder of a judicial office; and "supervisory jurisdiction" includes jurisdiction to issue writs or orders in the nature of habeas corpus, certiorari, mandamus, prohibition and quo warranto. chapter 12. freedom and independence of the media 162. freedom and responsibility of media freedom and independence of the media are hereby guaranteed. subject to this constitution and any other law not inconsistent with this constitution, there shall be no censorship in ghana. there shall be no impediments to the establishment of private press or media; and in particular, there shall be no law requiring any person to obtain a licence as a prerequisite to the establishment or operation of a newspaper, journal or other media for mass communication or information. editors and publishers of newspapers and other institutions of the mass media shall not be subject to control or interference by government, nor shall they be penalized or harassed for their editorial opinions and views, or the content of their publications. all agencies of the mass media shall, at all times, be free to uphold the principles, provisions and objectives of this constitution, and shall uphold the responsibility and accountability of the government to the people of ghana. any medium for the dissemination of information to the public which publishes a statement about or against any person shall be obliged to publish a rejoinder, if any, from the person in respect of whom the publication was made. 163. responsibility of state-owned media all state-owned media shall afford fair opportunities and facilities for the presentation of divergent views and dissenting opinions. 164. limitation on rights and freedoms the provisions of articles 162 and 163 of this constitution are subject to laws that are reasonably required in the interest of national security, public order, public morality and for. the purpose of protecting the reputations, rights and freedoms of other persons 165. media rights and freedoms to be additional to fundamental human rights for the avoidance of doubt, the provisions of this chapter shall not be taken to limit the enjoyment of any of the fundamental human rights and freedoms guaranteed under chapter 5 of this constitution. 166. national media commission there shall be established by act of parliament within six months after parliament first meets after the coming into force of this constitution, a national media commission which shall consist of fifteen members as followsone representative each nominated by the ghana bar association; the publishers and owners of the private press; the ghana association of writers and the ghana library association; the christian group (the national catholic secretariat, the christian council, and the ghana pentecostal council); the federation of muslim councils and ahmádiyya mission; the training institutions of journalists and communicators; the ghana advertising association and the institute of public relations of ghana; and the ghana national association of teachers; the national council on women and development; the trade unions congress; the association of private broadcasters. two representatives nominated by the ghana journalists association; two persons appointed by the president; and three persons nominated by parliament. the commission shall elect its own chairman. a person who is a founding member of a political party, is a leader or a member of its executive or holds any office in a political party shall not be qualified to be a member of the commission. 167. functions of the commission the functions of the national media commission areto promote and ensure the freedom and independence of the media for mass communication or information; to take all appropriate measures to ensure the establishment and maintenance of the highest journalistic standards in the mass media, including the investigation, mediation and settlement of complaints made against or by the press or other mass media; to insulate the state-owned media from governmental control; to make regulations by constitutional instrument for the registration of newspapers and other publications, except that the regulations shall not provide for the exercise of any direction or control over the professional functions of a person engaged in the production of newspapers or other means of mass communication; and to perform such other functions as may be prescribed by law not inconsistent with this constitution. 168. appointment of board members of state-owned media the commission shall appoint the chairmen and other members of the governing bodies of public corporations managing the state-owned media in consultation with the president. 169. appointment of editors editors of the state-owned media shall be appointed by the governing bodies of the respective corporations in consultation with the public services commission. 170. staff of commission the commission shall appoint the officers and other employees of the commission in consultation with the public services commission. 171. expenses of commission charged on consolidated fund the administrative expenses of the national media commission, including salaries, allowances and pensions payable to or in respect of persons serving with the commission shall be charged on the consolidated fund. 172. independence of commission except as otherwise provided by this constitution or by any other law not inconsistent with this constitution, the national media commission shall not be subject to the direction or control of any person or authority in the performance of its functions. 173. independence of journalists subject to article 167 of this constitution, the national media commission shall not exercise any control or direction over the professional functions of a person engaged in the production of newspapers or other means of communication. chapter 13. finance part i. general 174. taxation no taxation shall be imposed otherwise than by or under the authority of an act of parliament. where an act, enacted in accordance with clause (1) of this article, confers power on any person or authority to waive or vary a tax imposed by that act, the exercise of the power of waiver or variation, in favour of any person or authority, shall be subject to the prior approval of parliament by resolution. parliament may by resolution, supported by the votes of not less than two-thirds of all members of parliament, exempt the exercise of any power from the provisions of clause (2) of this article. 175. public funds of ghana the public funds of ghana shall be the consolidated fund, the contingency fund and such other public funds as may be established by or under the authority of an act of parliament. 176. the consolidated fund there shall be paid into the consolidated fund, subject to the provisions of this articleall revenues or other moneys raised or received for the purposes of, or on behalf of, the government; and any other moneys raised or received in trust for, or on behalf of, the government, the revenues or other moneys referred to in clause (1) of this article shall not include revenues or other moneysthat are payable by or under an act of parliament into some other fund established for specific purposes; or that may, by or under an act of parliament, be retained by the department of government that received them for the purposes of defraying the expenses of that department. 177. contingency fund there shall be paid into the contingency fund moneys voted for the purpose by parliament; and advances may be made from that fund which are authorised by the committee responsible for financial measures in parliament whenever that committee is satisfied that there has arisen an urgent or unforeseen need for expenditure for which no other provision exists to meet the need. where an advance is made from the contingency fund a supplementary estimate shall be presented as soon as possible to parliament for the purpose of replacing the amount so advanced. 178. withdrawal prom public funds, etc no moneys shall be withdrawn from the consolidated fund exceptto meet expenditure that is charged on that fund by this constitution or by an act of parliament; or where the issue of those moneys has been authorisedby an appropriation act; or by a supplementary estimate approved by resolution of parliament passed for the purpose; or by an act of parliament enacted under article 179 of this constitution; or by rules or regulations made under an act of parliament in respect of trust moneys paid into the consolidated fund. no moneys shall be withdrawn from any public fund, other than the consolidated fund and the contingency fund, unless the issue of those moneys has been authorised by or under the authority of an act of parliament. 179. authorisation of expenditure the president shall cause to be prepared and laid before parliament at least one month before the end of the financial year, estimates of the revenues and expenditure of the government of ghana for the following financial year. the estimates of the expenditure of all public offices and public corporations, other than those set up as commercial venturesshall be classified under programmes or activities which shall be included in a bill to be known as an appropriation bill and which shall be introduced into parliament to provide for the issue from the consolidated fund or such other appropriate fund, of the sums of money necessary to meet that expenditure and the appropriation of those sums for the purposes specified in that bill; and shall in respect of payments charged on the consolidated fund, be laid before parliament for the information of members of parliament. the chief justice shall, in consultation with the judicial council, cause to be submitted to the president at least two months before the end of each financial year, and thereafter as and when the need arisesthe estimates of administrative expenses of the judiciary charged on the consolidated fund under article 127 of this constitution; and estimates of development expenditure of the judiciary. the president shall, at the time specified in clause (1) of this article, or thereafter, as and when submitted to him under clause (3) of this article, cause the estimates referred to in clause (3) of this article to be laid before parliament. the estimates shall be laid before parliament under clause (4)  by the president without revision but with any recommendations that the government may have on them. the development expenditure of the judiciary, if approved by parliament, shall be a charge on the consolidated fund. parliament shall prescribe the procedure for the presentation of appropriation bills. where, in respect of a financial year, it is found that the amount of moneys appropriated by the appropriation act for any purpose is insufficient or that a need has arisen for expenditure for a purpose for which no sum of moneys has been appropriated by that act, a supplementary estimate showing the sum of money required, shall he laid before parliament for its approval. where, in the case of a financial year, a supplementary estimate has been approved by parliament in accordance with clause (8)  of this article, a supplementary appropriation bill shall be introduced into parliament in the financial year next following the financial year to which the estimate relates, providing for the appropriation of the sum so approved for the purposes specified in that estimate. notwithstanding the provisions of the preceding clauses of this article, the president may cause to be prepared and laid before parliament, estimates of revenue and expenditure of ghana for periods of over one year. whenever in the estimates prepared in accordance with clauses (1) and (8)  of this article provision is made for an item or vote other than for the contingency fund, not relating to a specific item of expenditure, any moneys voted by parliament in respect of that item or vote shall be under the control and supervision of a committee which shall consist of the president, the speaker and the chairman of the council of state 180. expenditure in advance of appropriation where it appears to the president that the appropriation in respect of any financial year will not come into operation by the beginning of that financial year, he may, with the prior approval of parliament by a resolution, authorise the withdrawal of moneys from the consolidated fund for the purpose of meeting expenditure necessary to carry on the services of the government in respect of the period expiring three months from the beginning of the financial year or on the coming into operation of the act whichever is earlier. 181. loans parliament may, by are solution supported by the votes of a majority of all the members of parliament, authorise the government to enter into an agreement for the granting of a loan out of any public fund or public account. an agreement entered into under clause (1) of this article shall be laid before parliament and shall not come into operation unless it is approved by a resolution of parliament. no loan shall be raised by the government on behalf of itself or any other public institution or authority otherwise than by or under the authority of an act of parliament. an act of parliament enacted in accordance with clause (3) of this article shall providethat the terms and conditions of a loan shall be laid before parliament and shall not come into operation unless they have been approved by a resolution of parliament; and that any moneys received in respect of that loan shall be paid into the consolidated fund and form part of that fund or into some other public fund of ghana either existing or created for the purposes of the loan. this article shall, with the necessary modifications by parliament, apply to an international business or economic transaction to which the government is a party as it applies to a loan. for the purposes of this article, "loan" includes any moneys lent or given to or by the government on condition of return or repayment, and any other form of borrowing or lending in respect of whichmoneys from the consolidated fund or any other public fund may be used for payment or repayment; or moneys from any fund by whatever name called, established for the purposes of payment or repayment whether directly or indirectly, may be used for payment or repayment. the minister responsible for finance shall, at such times as parliament may determine, present to parliament any information concerning any discrepancies relating to the granting of loans, their repayment and servicing; the payment into the consolidated fund or other public fund of moneys derived from loans raised on institutions outside ghana. 182. public debt the public debt of ghana shall be charged on the consolidated fund and other public funds of ghana. for the purposes of this article, the public debt shall include interest on that debt, sinking fund payments and redemption moneys in respect of that debt and the costs, charges and expenses incidental to the management of that debt. 183. central bank the bank of ghana shall be the central bank of ghana and shall be the only authority to issue the currency of ghana. the bank of ghana shallpromote and maintain the stability of the currency of ghana and direct and regulate the currency system in the interest of the economic progress of ghana; be the sole custodian of state funds of ghana both in and outside ghana and may, by notice published in the gazette, authorise any other person or authority to act as a custodian of any such fund as may be specified in the notice; encourage and promote economic development and the efficient utilisation of the resources of ghana through effective and efficient operation. of a banking and credit system in ghana; and do all other things not inconsistent with this article as may be prescribed by law. the governor of the bank of ghana shall, for the purposes of this article, disallow any transaction or transfer involving directly or indirectly, any foreign exchange whether in or outside ghana, which is contrary to law. the following shall apply to the governor of the bank of ghanahe shall be appointed by the president acting in consultation with the council of state for periods of four years each; he shall, notwithstanding article 285 of this constitution be the chairman of the governing body of the bank of ghana; his emoluments shall not be reduced while he continues to hold office as governor; he shall not be removed from office except on the same grounds and in the same manner as a justice of the superior court of judicature, other than the chief justice, may be removed. 184. foreign exchange dealings the committee of parliament responsible for financial measures shall monitor the foreign exchange receipts and payments or transfers of the bank of ghana in and outside ghana and shall report on them, to parliament once in every six months. the bank of ghana shall, not later than three monthsafter the end of the first six months of its financial year; and after the end of its financial year; submit to the auditor-general for audit, a statement of its foreign exchange receipts and payments or transfers in and outside ghana. the auditor-general shall, not later than three months after the submission of the statement referred to in clause (2) of this article, submit his report to parliament on the statement. parliament shall debate the report of the auditor-general and appoint, where necessary, in the public interest, a committee to deal with any matters arising from the report. part ii. statistical service 185. statistical service there shall be a statistical service which shall form part of the public services of ghana. the head of the statistical service shall be the government statistician. the government statistician shall be appointed by the president in consultation with the council of state. 186. statistical service board there shall be a statistical service board which shall consist ofa chairman and not more than five other members all of whom shall be appointed by the president having regard to their expert knowledge, in consultation with the council of state; and the government statistician. the government statistician, under the supervision of the statistical service board, shall be responsible for the collection, compilation, analysis and publication of socio-economic data on ghana and shall perform such other functions as may be prescribed by or under an act of parliament. the statistical service board may prescribe the manner in which data may be compiled and kept by any person or authority in ghana. part iii. the auditor-general 187. the auditor-general there shall be an auditor-general of ghana whose office shall be a public office. the public accounts of ghana and of all public offices, including the courts, the central and local government administrations, of the universities and public institutions of like nature, of any public corporation or other body or organisation established by an act of parliament shall be audited and reported on by the auditor-general. for the purposes of clause (2) of this article, the auditor-general or any person authorised or appointed for the purpose by the auditor-general shall have access to all books, records, returns and other documents relating or relevant to those accounts. the public accounts of ghana and of all other persons or authorities referred to in clause (2) of this article shall be kept in such form as the auditor-general shall approve. the auditor-general shall, within six months after the end of the immediately preceding financial year to which each of the accounts mentioned in clause (2) of this article relates, submit his report to parliament and shall, in that report, draw attention to any irregularities in the accounts audited and to any other matter which in his opinion ought to be brought to the notice of parliament. parliament shall debate the report of the auditor-general and appoint where necessary, in the public interest, a 'committee to deal with any matters arising from it. in the performance of his functions under this constitution or any other law the auditor-generalshall not be subject to the direction or control of any other person or authority; may disallow any item of expenditure which is contrary to law and surchargethe amount of any expenditure disallowed upon the person responsible for incurring or authorising the expenditure; or any sum which has not been duly brought into account, upon the person by whom the sum ought to have been brought into account; or the amount of any loss or deficiency, upon any person by whose negligence or misconduct the loss or deficiency has been incurred. paragraph (a) of clause (7) of this article shall not preclude the president, acting in accordance with the advice of the council of state, from requesting the auditor-general in the public interest, to audit, at any particular time, the accounts of any such body or organisation as is referred to in clause (2) of this article. a person aggrieved by a disallowance or surcharge made by the auditor-general may appeal to the high court. the rules of court committee may, by constitutional instrument, make rules of court for the purposes of clause (9)  of this article. the salary and allowances payable to the auditor-general shall be a charge on the consolidated fund. the salary and allowances payable to the auditor-general, his rights in respect of leave of absence, retiring award or retiring age shall not be varied to his disadvantage during his tenure of office. the provisions of article 146 of this constitution relating to the removal of a justice of the superior court of judicature from office shall apply to the auditor-general. the administrative expenses of the office of the auditor-general including all salaries, allowances, gratuities and pensions payable to or in respect of persons serving in the audit service shall be a charge on the consolidated fund. the accounts of the office of the auditor-general shall be audited and reported upon by an auditor appointed by parliament. a person appointed to be the auditor-general of ghana shall, before entering upon the duties of his office, take and subscribe the oath of the auditor-general set out in the second schedule to this constitution. part iv. the audit service 188. the audit service there shall be an audit service which shall form part of the public services of ghana. 189. the audit service board there shall be an audit service board which shall consist ofa chairman and four other members appointed by the president, acting in consultation with the council of state; the auditor-general; and the head of the civil service or his representative. the appointment of officers and other employees in the audit service, other than the auditor-general, shall be made by the audit service board, acting in consultation with the public services commission. the audit service board shall, acting in consultation with the public services commission determine the terms and conditions of service of officers and other employees in the audit service; and by constitutional instrument, make regulations for the effective and efficient administration of the audit service. a member of the audit service board, other than the auditor-general or the head of the civil service or his representative, may be removed from office by the president acting in accordance with the advice of the council of state, for inability to perform the functions of his office arising from infirmity of mind or body or for any other sufficient cause. chapter 14. the public services 190. the public services of ghana the public services of ghana shall include the civil service, the judicial service, the audit service, the education service, the prisons service, the parliamentary service, the health service, the statistical service, the national fire service, the customs, excise and preventive service, the internal revenue service, the police service, the immigration service; and the legal service; public corporations other than those set up as commercial ventures; public services established by this constitution; and such other public services as parliament may by law prescribe. the civil service shall, until provision is otherwise made by parliament, comprise service in both central and local government. subject to the provisions of this constitution, an act of parliament enacted by virtue of clause (1) of this article shall provide forthe governing council for the public service to which it relates; the functions of that service; and the membership of that service. for the purposes of this article "public corporation" means a public corporation established in accordance with article 192 of this constitution other than one set up as a commercial venture. 191. protection of public officers a member of the public service's shall not bevictimized or discriminated against for having discharged his duties faithfully in accordance with this constitution; or dismissed or removed from office or reduced in rank or otherwise punished without just cause. 192. establishment of public corporations a public corporation shall not be established except by act of parliament. 193. head of the civil service the president shall, acting in accordance with the advice of the public services commission, appoint a public officer as the head of the civil service. subject to the provisions of this constitution, the head of the civil service shall not hold any other public office. 194. the public services commission there shall be a public services commission which shall perform such functions as assigned to it by this constitution or by any other law. the public services commission shall consist ofa chairman, a vice-chairman and three other members who shall be full-time members of the commission; and such other members as parliament may, subject to article 70 of this constitution, by law prescribe. a person, shall not be qualified to be appointed a member of the public services commissionif he is not qualified to be elected as a member of parliament, or if he is otherwise disqualified from holding a public office. a person holding a public office shall, upon being appointed a full-time member of the public services commission, resign from that public office. subject to clause (6) of this article, the terms and conditions of service including retiring ages of a justice of the court of appeal shall apply to the chairman of the public services commission and those of a justice of the high court shall apply to the vice-chairman. the provisions of article 146 of this constitution relating to the removal from office of a justice of the superior court of judicature, shall applyto the full-time members of the public services commission; to the members of the commission referred to in paragraph (b) of clause (2) of this article, before the expiration of their period of service as provided by law. the salaries, allowances, facilities and privileges payable or available to the members of the commission other than the chairman and vice-chairman, shall be determined under article 71 of this constitution. 195. appointments, etc. of public officers subject to the provisions of this constitution, the power to appoint persons to hold or to act in an office in the public services shall vest in the president, acting in accordance with the advice of the governing council of the service concerned given in consultation with the public services commission. the president may, subject to such conditions as lie may think fit, delegate some of his functions under this article by directions in writing to the governing council concerned or to a committee of the council or to any member of that governing council or to any public officer. the power to appoint persons to hold or act in an office in a body of higher education, research or professional training, shall vest in the council or other governing body of that institution or body. 196. other functions of the public services commission the public services commission shall have such powers and exercise such supervisory, regulatory and consultative functions as parliament shall, by law, prescribe, including as may be applicable, the supervision and regulation of entrance and promotion examinations, recruitment and appointment into or promotions within, the public services, and the establishment of standards and guidelines on the terms and conditions of employment in the public services. 197. regulations the public services commission may, subject to the approval of the president, make regulations, by constitutional instrument, for the effective and efficient performance of its functions under this constitution or any other law. 198. independence of commission except as otherwise provided in this constitution, or any other law not inconsistent with this constitution, the public services commission shall not be subject to the control or direction of any person or authority in the performance of its functions. 199. retiring age and pension a public officer shall, except as otherwise provided in this constitution, retire from the public service on attaining the age of sixty years. a public officer may, except as otherwise provided in this constitution, retire from the public service at any time after attaining the age of forty-five years. the pension payable to any person shall be exempt from tax. notwithstanding clause (1) of this article, a public officer who has retired from the public service after, attaining the age of sixty years may, where the exigencies of the service require, be engaged for a limited period of not more than two years at a time but not exceeding five years in all and upon such other terms and conditions as the appointing authority shall determine. chapter 15. the police service 200. the police service there shall be a police service of ghana. no person or authority shall raise any police service except by or under the authority of an act of parliament. the police service shall be equipped and maintained to perform its traditional role of maintaining law and order. 201. the police council there shall be established a police council which shall consist ofa chairman who shall be appointed by the president acting in consultation with the council of state; the minister responsible for internal affairs; the inspector-general of police; the attorney-general or his representative; a lawyer nominated by the ghana bar association; a representative of the retired senior police officers association; two members of the police service, appointed by the president, acting in consultation with the council of state, one of whom shall be of a junior rank; and two other members appointed by the president. 202. inspector-general of police and appointment of members of police service the inspector-general of police shall be appointed by the president acting in consultation with the council of state. the inspector-general of police shall be head of the police service and shall, subject to the provisions of this article and to the control and direction of the police council, be responsible for the operational control and the administration of the police service. subject to the provisions of this constitution, the power to appoint persons to hold or to act in an office in the police service shall vest in the president, acting in accordance with the advice of the police council. the president may, subject to such conditions as he thinks fit, delegate some of his functions under this article by directions in writing to the police council or to a committee, or to a member, of the council. 203. functions of the police council the police council shall advise the president on matters of policy relating to internal security, including the role of the police service, budgeting and finance, administration and the promotion of officers above the rank of assistant commissioner of police. the police council may, with the prior approval of the president, by constitutional instrument, make regulations for the performance of its functions under this constitution or any other law and for the effective and efficient administration of the police service. regulations made under clause (2) of this article shall include regulations in respect ofthe control and administration of the police service; the ranks of officers and men of each unit of the police service, the members of each rank and the use of uniforms by the members; the conditions of service including those relating to the enrolment, salaries, pensions, gratuities and other allowances of officers and men; the authority and powers of command of officers and men of the police service; and the delegation to other persons of powers to discipline persons and the conditions subject to which delegations may be made. 204. regional police committees there shall be established for each region a regional police committee which shall consist ofthe minister of state appointed for the region, who shall be chairman; the two most senior members of the police service in the region; a representative of each district in the region appointed by the district assembly in the district; a lawyer practising in the region nominated by the ghana bar association; a representative of the attorney-general; and a representative of the regional house of chiefs. a regional police committee shall advise the police council on any matter relating to the administration of the police service in the region. chapter 16. the prisons service 205. the prisons service there shall be a prisons service of ghana. the prisons service shall be equipped and maintained to perform its traditional role efficiently. 206. the prisons service council there shall be established a prisons service council which shall consist ofa chairman who shall be appointed by the president acting in consultation with the council of state; the minister responsible for internal affairs; the director-general of the prisons service; a medical practitioner nominated by the ghana medical association; a lawyer nominated by the ghana bar association;, the attorney-general or his representative; a representative of the ministry or department of state responsible for social welfare; a representative of such religious bodies as the president may, in consultation with the council of state, appoint; two members of the prisons service appointed by the president in consultation with the council of state one of whom shall be of a junior rank; a representative of the national house of chiefs; and two other members appointed by the president. 207. director. general of prisons service and appointment of members of service the director-general of the prisons service shall be appointed by the president, acting in consultation with the council of state. the director-general of the prisons service shall, subject to the provisions of this article and to the control and direction of the prisons service council, be responsible for the operational control and the administration of the prisons service. subject to the provisions of this constitution, the power to appoint persons to hold or to act in an office in the prisons service shall vest in the president, acting in accordance with the advice of the prisons service council. the president may, subject to such conditions as he thinks fit, delegate some of his functions under this article by directions in writing to the prisons service council or to a committee, or a member, of the council 208. functions of prisons service council the prisons service council shall advise the president on matters of policy relating to the organisation and maintenance of the prison system in ghana including the role of the prisons service, prisons budgeting and finance, administration and the promotion of officers above the rank of assistant director of prisons. the prisons service council may, with the prior approval of the president, by constitutional instrument, make regulations for the performance of its functions under this constitution or any other law and for the effective and efficient administration of prisons and the prisons service. regulations made under clause (2) of this article shall include provisions relating tothe control and administration of prisons and the prisons service; the ranks of officers and men of the prisons service, the members of each rank and the use of uniforms by the members; the conditions of service including those relating to the enrolment, salaries, pensions, gratuities and other allowances of officers and men; the authority and powers of command of the officers and men of the prisons service; the delegation to other persons of powers to discipline persons and the conditions subject to which delegations may be made; the parole system and the periodic review of the conditions of prisoners and all other persons in legal custody at intervals of not more than one year; the conditions under which persons may be admitted into prisons; the making of reports of unjustified treatment of, and cruelty to, prisoners and persons in legal custody and the manner in which the reports should be dealt with; the appointment and composition of welfare committees for prisoners and discharged prisoners and other persons released from legal custody; ready access by lawyers to prisoners and other persons in legal custody; and such measures, generally, as will ensure the humane treatment and welfare of prisoners and other persons in legal custody, including the provision of literature and writing material. 209. regional prisons committees there shall be established for each region a regional prisons committee which shall consist ofthe minister of state appointed for the region, who shall be chairman; the most senior member of the prisons service in the region; a representative of the attorney-general; a lawyer practising in the region nominated by the ghana bar association; the regional director of health services; a medical practitioner in the region nominated by the ghana medical association; the regional director of social welfare; a representative of the regional house of chiefs; representatives of such religious bodies as the regional minister may deem fit to appoint. a regional prisons committee shall advise the prisons service council and the director-general of the prisons service on any matter relating to the administration of prisons and of the prisons service in the region. chapter 17. the armed forces of ghana 210. armed forces of ghana there shall be the armed forces of ghana which shall consist of the army, the navy and the air force and such other services for which provision is made by parliament. no person shall raise an armed force except by or under the authority of an act of parliament. the armed forces shall be equipped and maintained to perform their role of defence of ghana as well as such other functions for the development of ghana as the president may determine. 211. armed forces council there shall be established an armed forces council which shall consist ofa chairman who shall be appointed by the president acting in consultation with the council of state; the ministers responsible for defence, foreign affairs and internal affairs; the chief of defence staff, the service chiefs and a senior warrant officer or its equivalent in the armed forces; and two other persons appointed by the president acting in consultation with the council of state. 212. appointments the president shall, acting in consultation with the council of state, appointthe chief of defence staff of the armed forces; and the service chiefs. the president may, acting in accordance with the advice of the armed forces council, appoint officers of the armed forces who shall be given such command as the armed forces council shall determine. the president shall, acting in accordance with the advice of the armed forces council, grant commissions to officers of the armed forces. subject to clause (3) of this article, the power to appoint persons to hold or to act in an office in the armed forces shall vest in the president, acting in accordance with the advice of the armed forces council. 213. the chief of defence staff the chief of defence staff of the armed forces shall, subject to the provisions of this article, and to the control and direction of the armed forces council on matters of policy, be responsible for the administration and the operational control and command of the armed forces. 214. functions of armed forces council the armed forces council shall advise the president on matters of policy relating to defence and strategy including the role of the armed forces, military budgeting and finance, administration and the promotion of officers above the rank of lieutenant-colonel or its equivalent. the armed forces council may, with the prior approval of the president, by constitutional instrument, make regulations for the performance of its functions under this constitution or any other law, and for the effective and efficient administration of the armed forces. regulations made under clause (2) of this article shall include regulations in respect ofthe control and administration of the services of the armed forces; the ranks of officers and men of each service, the members in each rank and the use of uniforms by the officers and men; the conditions of service including those relating to the enrolment, salaries, pensions, gratuities and other allowances of officers and men of each service and deductions from them; the authority and powers of command of officers and men of each service; the delegation to other persons of powers of commanding officers to try accused persons and the conditions subject to which delegations. may be made; and the establishment of research and development units in each service. 215. delegation of functions the armed forces council may, subject to such conditions as it may consider fit, delegate some of its functions under this chapter by directions in writing to a committee or a member of the council. chapter 18. commission on human rights and administrative justice 216. commission on human rights and administrative justice there shall be established by act of parliament within six months after parliament first meets after the coming into force of this constitution, a commission on human rights and administrative justice which shall consist ofa commissioner for human rights and administrative justice; and two deputy commissioners for human rights and administrative justice. 217. appointment of members of commission the president shall appoint the members of the commission under article 70 of this constitution. 218. functions of commission the functions of the commission shall be defined and prescribed by act of parliament and shall include the dutyto investigate complaints of violations of fundamental rights and freedoms, injustice, corruption, abuse of power and unfair treatment of any person by a public officer in the exercise of his official duties; to investigate complaints concerning the functioning of the public services commission, the administrative organs of the state, ,the armed forces, the police service and the prisons service in so far as the complaints relate to the failure to achieve a balanced structuring of those services or equal access by all to the recruitment of those services or fair administration in relation to those services; to investigate complaints concerning practices and actions by persons, private enterprises and other institutions where those complaints allege violations of fundamental rights and freedoms under this constitution; to take appropriate action to call for the remedying, correction and reversal of instances specified in paragraphs (a), (b) and (c) of this clause through such means as are fair, proper and effective, includingnegotiation and compromise between the parties concerned; causing the complaint and its finding on it to be reported to the superior of an offending person; bringing proceedings in a competent court for a remedy to secure the termination of the offending action or conduct, or the abandonment or alteration of the offending procedures; and bringing proceedings to restrain the enforcement of such legislation or regulation by challenging its validity if the offending action or conduct is sought to be justified by subordinate legislation or regulation which is unreasonable or otherwise ultra vires; to investigate all instances of alleged or suspected corruption and the misappropriation of public moneys by officials and to take appropriate steps, including reports to the attorney-general and the auditor-general, resulting from such investigations; to educate the public as to human rights and freedoms by such means as the commissioner may decide, including publications, lectures and symposia; and to report annually to parliament on the performance of its functions. 219. special powers of investigation the powers of the commission shall be defined by act of parliament and shall include the powerto issue subpoenas requiring the attendance of any person before the commission and the production of any document or record relevant to any investigation by the commission; to cause any person contemptuous of any such subpoena to be prosecuted before a competent court; to question any person in respect of any subject matter under investigation before the commission; to require any person to disclose truthfully and frankly any information within his knowledge relevant to any investigation by the commissioner. the commissioner shall not investigatea matter which is pending before a court or judicial tribunal; or a matter involving the relations or dealings between the government and any other government or an international organisation; or a matter relating to the exercise of the prerogative of mercy. 220. regional and district branches of commission an act of parliament enacted under article 216 of this constitution shall provide for the creation of regional and district branches of the commission. 221. qualifications of commissioners a person shall not be qualified for appointment as a commissioner or a deputy commissioner for human rights and administrative justice, unless he isin the case of commissioner, qualified for appointment as a justice of the court of appeal; and in the case of a deputy commissioner, qualified for appointment as a justice of the high court. 222. commissioners not to hold other public office the commissioner and deputy commissioners shall not hold any other public office. 223. terms and conditions of service of commissioners the commissioner and deputy commissioners shall enjoy the terms and conditions of service of a justice of the court of appeal and high court respectively. the commissioner and deputy commissioners shall cease to hold office upon attaining the ages of seventy and sixty-five years respectively. 224. acting appointments where the commissioner dies, resigns or is removed from office or is for any other reason unable to perform the functions of his office, the president shall, acting in consultation with the council of state, appoint a person qualified to be appointed commissioner to perform those functions until the appointment of a new commissioner. 225. independence of commission and commissioners except as provided by this constitution or by any other law not inconsistent with this constitution, the commission and the commissioners shall, in the performance of their functions, not be subject to the direction or control of an person or authority. 226. appointment of staff the appointment of officers and other employees of the commission shall be made by the commission acting in consultation with the public services commission. 227. expenses of commission charged on consolidated fund the administrative expenses of the commission including salaries, allowances and pensions payable to, or in respect of, persons serving with the commission, shall be charged on the consolidated fund. 228. removal of commissioners the procedure for the removal of the commissioner and deputy commissioners shall be the same as that provided for the removal of a justice of the court of appeal and a justice of the high court respectively under this constitution. 229. initiation of legal proceedings for the purposes of performing his functions under this constitution and any other law, the commissioner may bring an action before any court in ghana and may seek any remedy which may be available from that court. 230. regulations subject to the provisions of this constitution and to any act of parliament made under this chapter, the commission shall make, by constitutional instrument, regulations regarding the manner and procedure for bringing complaints before it and the investigation of such complaints. chapter 19. national commission for civic education 231. establishment of national commission for civic education there shall be established by act of parliament within six months after parliament first meets after the coming into force of this constitution, a national commission for civic education in this chapter referred to as "the commission". 232. membership of commission the commission shall consist of a chairman, two deputy chairmen and four other members. members of the commission shall be appointed by the president acting on the advice of the council of state. members of the commission shall be persons who are qualified to be elected as members of parliament. members of the commission shall be persons who do not hold office in any political party. 233. functions of commission the functions of the commission shall beto create and sustain within the society the awareness of the principles and objectives of this constitution as the fundamental law of the people of ghana; to educate and encourage the public to defend this constitution at all times, against all forms of abuse and violation; to formulate for the consideration of government, from time to time, programmes at the national, regional and district levels aimed at realising the objectives of this constitution; to formulate, implement and oversee programmes intended to inculcate in the citizens of ghana awareness of their civic responsibilities and an appreciation of their rights and obligations as free people; and such other functions as parliament may prescribe. 234. independence of commission except as otherwise provided in this constitution or in any other law which is not inconsistent with this constitution, the commission shall not be subject to the direction or control of any person or authority in the performance of its functions. 235. terms and conditions of service of members of commission the chairman of the commission shall enjoy the same terms and conditions of service as a justice of the court of appeal, and a deputy chairman of the commission shall enjoy the same terms and conditions of service as a justice of the high court. the other members of the commission shall hold office on such terms and conditions as may be approved by parliament. 236. removal of chairman and deputy chairmen the procedure for the removal of the chairman or a deputy chairman from office shall be the same as that provided for the removal of a justice of the court of appeal and a justice of the high court respectively under this constitution. 237. regional and district branches of commission parliament shall, by law, provide for the establishment of regional and district branches of the commission. 238. appointment of staff the officers and employees of the commission shall be appointed by the commission acting in consultation with the public services commission. 239. expenses of commission charged on consulted fun the administrative expenses of the commission, including salaries, allowances and pensions payable to, or in respect of, persons serving with the commission, shall be charged on the consolidated fund. chapter 20. decentralization and local government 240. local government ghana shall have a system of local government and administration which shall, as far as practicable, be decentralized. the system of decentralized local government shall have the following featuresparliament shall enact appropriate laws to ensure that functions, powers, responsibilities and resources are at all times transferred from the central government to local government units in a coordinated manner; parliament shall by law provide for the taking of such measures as are necessary to enhance the capacity of local government authorities to plan, initiate, co-ordinate, manage and execute policies in respect of all matters affecting the people within their areas, with a view to ultimately achieving localization of those activities; there shall be established for each local government unit a sound financial base with adequate and reliable sources of revenue; as far as practicable, persons in the service of local government shall be subject to the effective control of local authorities; to ensure the accountability of local government authorities, people in particular local government areas shall, as far as practicable, be afforded the opportunity to participate effectively in their governance. 241. districts of local government for the purposes of local government, ghana shall be deemed to have been divided into the districts in existence immediately before the coming into force of this constitution. parliament may by law make provision for the redrawing of the boundaries of districts or for reconstituting the districts. subject to this constitution, a district assembly shall be the highest political authority in the district, and shall have deliberative, legislative and executive powers. 242. composition of district assembly a district assembly shall consist of the following membersone person from each local government electoral area within the district elected by universal adult suffrage; the member or members of parliament from the constituencies that fall within the area of authority of the district assembly as members without the right to vote; the district chief executive of the district; and other members not being more than thirty percent of all the members of the district assembly, appointed by the president in consultation with the traditional authorities and other interest groups in the district. 243. district chief executive there shall be a district chief executive for every district who shall be appointed by the president with the prior approval of not less than two-thirds majority of members of the assembly present and voting at the meeting. the district chief executive shallpreside at meetings of the executive committee of the assembly; be responsible for the day-to-day performance of the executive and administrative functions of the district assembly; and be the chief representative of the central government in the district. the office of district chief executive shall become vacant ifa vote of no confidence, supported by the votes of not less than two-thirds of all the members of the district assembly is passed against him; or he is removed from office by the president; or he resigns or dies. 244. presiding member the district assembly shall have a presiding member who shall be elected by the assembly from among its members. the presiding member shall be elected by at least two-thirds majority of all the members of the assembly. the presiding member shallpreside over the meetings of the assembly; and perform such other functions as may be prescribed by law. subject to clause (5) of this article, the term of office of the presiding member shall be two years and he shall be eligible for re-election. the presiding member shall cease to hold office whenever the assembly by a majority of at least two-thirds of all the members of the assembly vote to remove him from office. 245. functions of district assemblies parliament shall, by law, prescribe the functions of district assemblies which shall includethe formulation and. execution of plans, programmes and strategies for the effective mobilization of the resources necessary for the overall development of the district; and the levying and collection or taxes, rates, duties and fees. 246. term of district assembly elections to the district assemblies shall be held every four years except that such elections and elections to parliament shall be held at least six months apart. unless he resigns or dies or he earlier ceases to hold office under clause (3) of article 243 of this constitution, the term of office of the district chief executive shall be four years; and a person shall not hold office as a district chief executive for more than two consecutive terms. 247. qualifications and procedures subject to this constitution, the qualifications for membership of a district assembly, the procedures of a district assembly and other local government units lower than a district assembly that may be created, shall be provided for by law. 248. political parties and candidates for election to local government units a candidate seeking election to a district assembly or any lower local government unit shall present himself to the electorate as an individual, and shall not use any symbol associated with any political party. a political party shall not endorse, sponsor, offer a platform to or in any way campaign for or against a candidate seeking election to a district assembly or any lower local government unit. 249. revocation of mandate by electorate subject to any procedure established by law, the mandate of a member of a district assembly may be revoked by the electorate or the appointing body. 250. emoluments of district chief executive and presiding member the emoluments of a district chief executive of a district assembly shall be determined by parliament and shall be charged on the consolidated fund. the emoluments of a presiding member of a district assembly and other members of the assembly shall be determined by the district assembly and paid out of the assembly's own resources. 251. executive committee there shall be established an executive committee of a district assembly which shall be responsible for the performance of the executive and administrative functions of the district assembly. the composition of the executive committee and the procedure for its deliberations shall be as provided for by law. 252. district assemblies common fund and grants-in-aid there shall be a fund to be known as the district assemblies common fund. subject to the provisions of this constitution, parliament shall annually make provision for the allocation of not less than five percent of the total revenues of ghana to the district assemblies for development; and the amount shall be paid into the district assemblies common fund in quarterly instalments. the moneys accruing to the district assemblies in the common fund shall be distributed among all the district assemblies on the basis of a formula approved by parliament. there shall be appointed by the president with the approval of parliament, a district assemblies common fund administrator. parliament shall by law prescribe the functions and tenure of office of the administrator in such a manner as will ensure the effective and equitable administration of the district assemblies common fund. nothing in this chapter or any other law shall be taken to prohibit the state or other bodies from making grants-in-aid to any district assembly. 253. audit the auditor-general shall audit the accounts of the district assemblies annually and shall submit his reports on the audit to parliament. 254. further decentralization parliament shall enact laws and take steps necessary for further decentralization of the administrative functions and projects of the central government but shall not exercise any control over the district assemblies that is incompatible with their decentralized status, or otherwise contrary to law. 255. regional co-ordinating councils there shall be established a regional coordinating council in each region, which shall consist ofthe regional minister and his deputy or deputies; the presiding member and the district chief executive from each district in the region; two chiefs from the regional house of chiefs; and the regional heads of the decentralized ministries in the region as members without the right to vote; the regional minister shall be the chairman of the regional coordinating council. subject to this chapter, the functions of a regional coordinating council shall be as prescribed by act of parliament. 256. regional ministers and deputy regional ministers the president shall, with the prior approval of parliament, appoint for each region, a minister of state who shall represent the president in the region; and be responsible for the co-ordination and direction of the administrative machinery in the region. the president may, in consultation with the minister of state for a region and with the prior approval of parliament, appoint for the region a deputy minister or deputy ministers to perform such functions as the president may determine chapter 21. lands and natural resources part i. public lands 257. public lands and other public property all public lands in ghana shall be vested in the president on behalf of, and in trust for, the people of ghana. for the purposes of this article, and subject to clause (3) of this article, "public lands" includes any land which, immediately before the coming into force of this constitution, was vested in the government of ghana on behalf of, and in trust for, the people of ghana for the public service of ghana, and any other land acquired in the public interest, for the purposes of the government of ghana before, on or after that date. for the avoidance of doubt, it is hereby declared that all lands in the northern, upper east and upper west regions of ghana which immediately before the coming into force of this constitution were vested in the government of ghana are not public lands within the meaning of clauses (1) and (2) of this article. subject to the provisions of this constitution, all lands referred to in clause (3) of this article shall vest in any person who was the owner of the land before, the vesting, or in the appropriate skin without further assurance than this clause. clauses (3) and (4) of this article shall be without prejudice to the vesting by the government in itself of any land which is required in the public interest for public purposes. every mineral in its natural state in, under or upon any land in ghana, rivers, streams, water courses throughout ghana, the exclusive economic zone and any area covered by the territorial sea or continental shelf is the property of the republic of ghana and shall be vested in the president on behalf of, and in trust for the people of ghana. part ii. lands commission 258. lands commission there shall be established a lands commission which shall, in co-ordination with the relevant public agencies and governmental bodies, perform the following functionson behalf of the government, manage public lands and any lands vested in the president by this constitution or by any other law or any lands vested in the commission; advise the government, local authorities and traditional authorities on the policy framework for the development of particular areas of ghana to ensure that the development of individual pieces of land is coordinated with the relevant development plan for the area concerned; formulate and submit to government recommendations on national policy with respect to land use and capability; advise on, and assist in the execution of, a comprehensive programme for the registration of title to land throughout ghana; and perform such other functions as the minister responsible for lands and natural resources may assign to the commission; the minister responsible for lands and natural resources may, with the approval of the president, give general directions in writing to the lands commission on matters of policy in respect of the functions of the commission and the commission shall comply with the directions. 259. membership of commission the lands commission shall consist of the following persons appointed by the president under article 70 of this constitutiona chairman, who is neither a minister of state nor a deputy minister, one representative each of the following bodies nominated in each case by the body concernedthe national house of chiefs; the ghana bar association; the ghana institution of surveyors; each regional lands commission; the department responsible for town and country planning; the national association of farmers and fishermen; the environmental protection council; and the ministry responsible for lands and natural resources; and the chief administrator of the lands commission, who shall be the executive secretary. 260. regional lands commission the lands commission shall have a branch in each region to be known as a regional lands commission for the performance of the functions specified in article 258 of this constitution in respect of the region. the activities of all the regional lands commissions shall be coordinated by the lands commission. 261. membership of regional lands commission a regional lands commission shall consist of the following persons appointed by the minister responsible for lands and natural resourcesa chairman who is neither a minister of state nor a deputy minister, a representative each of the following bodies in each case nominated by the body concernedthe regional house of chiefs; each district assembly within the region; and the department responsible for town and country planning; a nominee of the ghana bar association practising in the region; a nominee of the ghana institution of surveyors practising in the region; the national association of farmers and fishermen; and the regional lands officer. 262. regional lands officer each regional lands commission shall have a regional lands officer. the regional lands officer shall be a member of and secretary to the regional lands commission. 263. qualifications of members a person shall not be qualified for appointment as a member of the lands commission or of a regional lands, commission other than the executive secretary and the regional lands officer unless he is qualified to be a member of parliament, except that for the avoidance of doubt, a person shall not be disqualified to be a member under this article by reason only of his being a public officer. 264. tenure of office of members of commission the chairman and members of the lands commission, and also, the chairman and members of a regional lands commission other than the executive secretary and the regional lands officer, shall hold office for four years and may be eligible for re-appointment. the office of the chairman or a member of the lands commission or of a regional lands commission other than the executive secretary and the regional lands officer shall become vacant ifhe ceases to hold office under clause (1) of this article; any circumstance arises that would cause him to be disqualified for appointment under article 263 of this constitution; he is removed from office by the president or, in the case of a member of a regional lands commission, by the minister responsible for lands and natural resources for inability to perform the functions of his office or for stated misbehaviour. 265. independence of lands commission except as otherwise provided in this constitution or in any other law which is not inconsistent with this constitution, the lands commission shall not be subject to the direction or control of any person or authority, in the performance of its functions. part iii. ownership of land by non-citizens 266. ownership of land by non-citizens no interest in or right over any land in ghana shall be created which vests in a person who is not a citizen of ghana a freehold interest in any land in ghana. an agreement, deed or conveyance of whatever nature, which seeks, contrary to clause (1) of this article, to confer on a person who is not a citizen of ghana any freehold interest in, or right over, any land is void. where, on the twenty-second day of august 1969, any person not being a citizen of ghana had a freehold interest in or right over any land in ghana, that interest or right shall be deemed to be a leasehold interest for a period of fifty years at a peppercorn rent commencing from the twenty-second day of august 1969, and the freehold reversionary interest in any such land shall vest in the president on behalf of, and in trust for, the people of ghana. no interest in or right over any land in ghana shall be created which vests in a person who is not a citizen of ghana a leasehold for a term of more than fifty years at any one time. where on the twenty-second day of august 1969 any person not being a citizen of ghana had a leasehold interest in, or right over, any land in ghana for an unexpired period of more than fifty years, that interest in, or right over, any such land shall be deemed to be an interest or right subsisting for a period of fifty years commencing from the twenty-second day of august 1969. part iv. stool and skin lands and property 267. stool and skin lands and property all stool lands in ghana shall vest in the appropriate stool on behalf of, and in trust for the subjects of the stool in accordance with customary law and usage. there shall be established the office of the administrator of stool lands which shall be responsible forthe establishment of a stool land account for each stool into which shall be paid all rents, dues, royalties, revenues or other payments whether in the nature of income or capital from the stool lands; the collection of all such rents, dues, royalties, revenues or other payments whether in the nature of income or capital, and to account for them to the beneficiaries specified in clause (6) of this article; and the disbursement of such revenues as may be determined in accordance with clause (6) of this article. there shall be no disposition or development of any stool land unless the regional lands commission of the region in which the land is situated has certified that the disposition or development is consistent with the development plan drawn up or approved by the planning authority for the area concerned. where the regional lands commission fails or refuses to give the consent and concurrence under clause (3) of this article, a person aggrieved by the failure or refusal may appeal to the high court. subject to the provisions of this constitution, no interest in, or right over, any stool land in ghana shall be created which vests in any person or body of persons a freehold interest howsoever described. ten per cent of the revenue accruing from stool lands shall be paid to the office of the administrator of stool lands to cover administrative expenses; and the remaining revenue shall be disbursed in the following proportionstwenty-five percent to the stool through the traditional authority for the maintenance of the stool in keeping with its status; twenty percent to the traditional authority; and fifty-five percent to the district assembly, within the area of authority of which the stool lands are situated. the administrator of stool lands and the regional lands commission shall consult with the stools and other traditional authorities in all matters relating to the administration and development of stool land and shall make available to them all relevant information and data. the lands commission and the administrator of stool lands shall co-ordinate with all relevant public agencies and traditional authorities and stools in preparing a policy framework for the rational and productive development and management of stool lands. parliament may provide for the establishment of regional branches of the office of the administrator of stool lands to perform, subject to the directions of the administrator of stool lands, the functions of the administrator in the region concerned. part v. protecting natural resources 268. parliamentary ratification of agreements relating to natural resources any transaction, contract or undertaking involving the grant of a right or concession by or on behalf of any person including the government of ghana, to any other person or body of persons howsoever described, for the exploitation of any mineral, water or other natural resource of ghana made or entered into after the coming into force of this constitution shall be subject to ratification by parliament. parliament may, by resolution supported by the votes of not less than two-thirds of all the members of parliament, exempt from the provisions of clause (1) of this article any particular class of transactions, contracts or undertakings. 269. natural resources commissions subject to the provisions of this constitution, parliament shall, by or under an act of parliament, provide for the establishment, within six months after parliament first meets after the coming into force of this constitution, of a minerals commission, a forestry commission, fisheries commission and such other commissions as parliament may determine, which shall be responsible for the regulation and management of the utilization of the natural resources concerned and the co-ordination of the policies in relation to them. notwithstanding article 268 of this constitution, parliament may, upon the recommendation of any of the commissions established by virtue of clause (1) of this article, and upon such conditions as parliament may prescribe, authorise any other agency of government to approve the grant of rights, concessions or contracts in respect of the exploitation of any mineral, water or other natural resource of ghana. chapter 22. chieftaincy 270. institution of chieftaincy the institution of chieftaincy, together with its traditional councils as established by customary law and usage is hereby guaranteed. parliament shall have no power to enact any law whichconfers on any person or authority the right to accord or withdraw recognition to or from a chief for any purpose whatsoever, or in any way detracts or derogates from the honour and dignity of the institution of chieftaincy. nothing in or done under the authority of any law shall be held to be inconsistent with, or in contravention of, clause (1) or (2) of this article if the law makes provision for the determination, in accordance with the appropriate customary law and usage, by a traditional council, a regional house of chiefs or the national house of chiefs or a chieftaincy committee of any of them, of the validity of the nomination, election, selection, installation or deposition of a person as a chief; a traditional council or a regional house of chiefs or the national house of chiefs to establish and operate a procedure for the registration of chiefs and the public notification in the gazette or otherwise of the status of persons as chiefs in ghana. 271. national house of chiefs there shall be a national house of chiefs. . the house of chiefs of each region shall elect as members of the national house of chiefs five paramount chiefs from the region. where in a region there are fewer than five paramount chiefs, the house of chiefs of the region shall elect such number of divisional chiefs as shall make up the required representation of chiefs for the region. 272. functions of the national house of chiefs the national house of chiefs shalladvise any person or authority charged with any responsibility under this constitution or any other law for any matter relating to or affecting chieftaincy; undertake the progressive study, interpretation and codification of customary law with a view to evolving, in appropriate cases, a unified system of rules of customary law, and compiling the customary laws and lines of succession applicable to each stool or skin; undertake an evaluation of traditional customs and usages with a view to eliminating those customs and usages that are outmoded and socially harmful; perform such other functions, not being inconsistent with any function assigned to the house of chiefs of a region, as parliament may refer to it. 273. jurisdiction of the national house of chiefs the national house of chiefs shall have appellate jurisdiction in any cause or matter affecting chieftaincy which has been determined by the regional house of chiefs in a region, from which appellate jurisdiction there shall be an appeal to the supreme court, with the leave of the national house of chiefs, or the supreme court. the appellate jurisdiction of the national house of chiefs shall be exercised by a judicial committee of the national house of chiefs consisting of five persons appointed by that house from among its members. a judicial committee of a national house of chiefs shall be assisted by a lawyer of not less than ten years' standing appointed by the national house of chiefs on the recommendation of the attorney-general. a member of a judicial committee of the national house of chiefs shall be removed from office on the ground of proven misbehaviour or of infirmity of mind or body by the votes of not less than two-thirds of all the members of the national house of chiefs. a judicial committee of the national house of chiefs shall have original jurisdiction in any cause or matter affecting chieftaincy which lies within the competence of two or more regional houses of chiefs; or which is not properly within the jurisdiction of a regional house of chiefs; or which cannot otherwise be dealt with by a regional house of chiefs. an appeal shall lie as of right in respect of any cause or matter dealt with by a judicial committee of the national house of chiefs under clause (5) of this article to the supreme court. 274. regional house of chiefs there shall be established in and for each region of ghana a regional house of chiefs. a regional house of chiefs shall consist of such members as parliament may, by law, determine. a regional house of chiefs shallperform such functions as may be conferred upon it by or under an act of parliament; advise any person or authority charged under this constitution or any other law with any responsibility for any matter relating to or affecting chieftaincy in the region; hear and determine appeals from the traditional councils within the region in respect of the nomination, election, selection, installation or deposition of a person as a chief; have original jurisdiction in all matters relating to a paramount stool or skin or the occupant of a paramount stool or skin, including a queen mother to a paramount stool or skin; undertake a study and make such general recommendations as are appropriate for the resolution or expeditious disposition of chieftaincy disputes in the region; undertake the compilation of the customary laws and lines of succession applicable to each stool or skin in the region. the original and appellate jurisdictions of a regional house of chiefs shall be exercised by a judicial committee of the regional house of chiefs consisting of three chiefs appointed by the regional house of chiefs from among its members. a judicial committee of a regional house of chiefs shall be assisted by a lawyer of not less than five years' standing appointed by the regional house of chiefs on the recommendation of the attorney-general. a member of a judicial committee of a regional house of chiefs may be removed from office on the ground of proven misbehaviour or infirmity of mind or body by the votes of not less than two-thirds of all the members of the regional house of chiefs. 275. disqualification of convicted persons a person shall not be qualified as a chief if he has been convicted for high treason, treason, high crime or for an offence involving the security of the state, fraud, dishonesty or moral turpitude. 276. chiefs not to take part in active party politics a chief shall not take part in active party politics; and any chief wishing to do so and seeking election to parliament shall abdicate his stool or skin. notwithstanding clause (1) of this article and paragraph (c) of clause (3) of article 94 of this constitution, a chief may be appointed to any public office for which he is otherwise qualified. 277. definition of chief in this chapter unless the context otherwise requires, "chief" means a person, who, hailing from the appropriate family and lineage, has been validly nominated, elected or selected and enstooled, enskinned or installed as a chief or queen mother in accordance with the relevant customary law and usage. chapter 23. commissions of inquiry 278. appointment of commission of inquiry subject to article 5 of this constitution, the president shall, by constitutional instrument, appoint a commission of inquiry into any matter of public interest wherethe president is satisfied that a commission of inquiry should be appointed, or the council of state advises that it is in the public interest to do so; or parliament, by a resolution requests that a commission of inquiry be appointed to inquire into any matter, specified in the resolution as being a matter of public importance. a commission appointed under clause (1) of this article may consist of a sole commissioner or two or more persons one of whom shall be appointed the chairman of the commission. a person shall not be appointed a sole commissioner or the chairman of a commission of inquiry under this article unless he isa justice of the superior court of judicature; or a person qualified to be appointed a justice of the superior court of judicature; or a person who has held office as a justice of the superior court of judicature; or a person who possesses special qualifications or knowledge in respect of the matter being investigated. subject to clause (3) of this article, where a commission of inquiry appointed under clause (1) of this article consists of more than two commissioners, other than the chairman, at least one of them shall be a person who possesses special qualifications or knowledge in respect of the matter being investigated. 279. powers of commission of inquiry a commission of inquiry shall have the powers, rights and privileges of the high court or a justice of the high court at a trial, in respect ofenforcing the attendance of witnesses and examining them on oath, affirmation or otherwise; compelling the production of documents; and the issue of a commission or request to examine witnesses abroad. a sole commissioner or a member of a commission of inquiry shall not be liable to any action or suit in respect of any matter or thing done by him in the performance of his functions as a commissioner or member. 280. functions of commission of inquiry a commission of inquiry shallmake a full, faithful and impartial inquiry into any matter specified in the instrument of appointment; report in writing the result of the inquiry; and furnish in the report the reasons leading to the conclusions stated in the report. where a commission of inquiry makes an adverse finding against any person, the report of the commission of inquiry shall, for the purposes of this constitution, be deemed to be the judgment of the high court; and accordingly, an appeal shall lie as of right from the finding of the commission to the court of appeal. the president shall, subject to clause (4) of this article cause to be published the report of a commission of inquiry together with the white paper on it within six months after the date of the submission of the report by the commission. where the report of a commission of inquiry is not to be published, the president shall issue a statement to that effect giving reasons why the report is not to be published. a finding of a commission of inquiry shall not have the effect of a judgment of the high court as provided under clause (2) of this article, unlesssix months have passed after the finding is made and announced to the public; or the government issues a statement in the gazette and in the national media that it does not intend to issue a white paper on the report of the commission whichever is the earlier. the right of appeal conferred by clause (2) of this article on a person against whom a finding has been made, shall be exercisable within three months after the occurrence of either of the events described in clause (5) of this article or such other time as the high court or the court of appeal may, by special leave and on such conditions as it may consider just, allow. 281. inquiry procedure except as may be otherwise ordered by the commission in the interest of public morality, public safety or public order, the proceedings of a commission of inquiry shall be held in public. subject to the provisions of this chapter, the rules of court committee, established under article 157 of this constitution shall, by constitutional instrument, make rules regulating the practice and procedure of all commissions of inquiry and for appeals from commissions of inquiry. 282. assistance by lawyer or other expert any person whose conduct is the subject of inquiry by a commission of inquiry, or who may, in any way be implicated or concerned in the matter under inquiry, is entitled to be represented by a lawyer at the inquiry; and any other person who may consider it desirable that he should be represented by a lawyer shall be allowed to be so represented. a person referred to in clause (1) of this article may also be assisted by such other expert as may be reasonably necessary for the purpose of protecting his interests at the inquiry. 283. immunities and privileges of witnesses a witness before a commission of inquiry is entitled to the same immunities and privileges as if he were a witness before the high court. chapter 24. code of conduct for public officers 284. conflict of interest a public officer shall not put himself in a position where his personal interest conflicts or is likely to conflict with the performance of the functions of his office. 285. other public appointments no person shall be appointed or act as the chairman of the governing body of a public corporation or authority while he holds a position in the service of that corporation or authority. 286. declaration of assets and liabilities a person who holds a public office mentioned in clause (5) of this article shall submit to the auditor-general a written declaration of all property or assets owned by, or liabilities owed by, him whether directly or indirectlywithin three months after the coming into force of this constitution or before taking office, as the case may be, at the end of every four years; and at the end of his term of office. failure to declare or knowingly making false declaration shall be a contravention of this constitution and shall be dealt with in accordance with article 287 of this constitution. the declaration made under clause (1) of this article shall, on demand, be produced in evidencebefore a court of competent jurisdiction; or before a commission of inquiry appointed under article 278 of this constitution; or before an investigator appointed by the commissioner for human rights and administrative justice. any property or assets acquired by a public officer after the initial declaration required by clause (1) of this article and which is not reasonably attributable to income, gift, loan, inheritance or any other reasonable source shall be deemed to have been acquired in contravention of this constitution. the public offices to which the provisions of this article apply are those ofthe president of the republic; the vice-president of the republic; the speaker, the deputy speaker and a member of parliament; minister of state or deputy minister; chief justice, justice of the superior court of judicature, chairman of a regional tribunal, the commissioner for human rights and administrative justice and his deputies and all judicial officers; ambassador or high commissioner; secretary to the cabinet; head of ministry or government department or equivalent office in the civil service; chairman, managing director, general manager and departmental head of a public corporation or company in which the state has a controlling interest; and such officers in the public service and any other public institution as parliament may prescribe. the auditor-general shall make a written declaration of his assets and liabilities to the president in the manner and subject to the conditions provided in clauses (1) to (3) of this article. before entering upon the duties of his office, a person appointed to an office to which the provisions of this article apply, shall take and subscribe the oath of allegiance, the oath of secrecy and the official oath set out in the second schedule to this constitution, or any other oath appropriate to his office. 287. complaints of contravention an allegation that a public officer has contravened or has not complied with a provision of this chapter shall be made to the commissioner for human rights and administrative justice and, in the case of the commissioner of human rights and administrative justice, to the chief justice who shall, unless the person concerned makes a written admission of the contravention or non-compliance, cause the matter to be investigated. the commissioner for human rights and administrative justice or the chief justice as the case may be, may take such action as he considers appropriate in respect of the results of the investigation or the admission. 288. interpretation in this chapter, unless the context otherwise requires, "public officer" means a person who holds a public office. chapter 25. amendment of the constitution 289. amendment of constitution subject to the provisions of this constitution, parliament may, by an act of parliament, amend any provision of this constitution. this constitution shall not be amended by an act of parliament or altered whether directly or indirectly unlessthe sole purpose of the act is to amend this constitution; and the act has been passed in accordance with this chapter. 290. amendment of entrenched provisions this article applies to the amendment of the following provisions of this constitution, which are, in this constitution referred to as "entrenched provisions"the constitution: articles 1, 2 and 3; the territories of ghana: articles 4 and 5; the laws of ghana: article 11; fundamental human rights and freedoms: chapter 5; representation of the people: articles 42, 43, 46, 49, 55 and 56; the executive: chapter 8; the legislature: articles 93 and 106; the judiciary: articles 125, 127, 129, 145 and 146; freedom and independence of the media: article 162, clauses (1) to (5); finance: articles 174 and 187; police service: article 200; the armed forces of ghana: article 210; commission on human rights and administrative justice: articles 216 and 225; national commission for civic education: article 231;. decentralization and local government: articles 240 and 252; chieftaincy: article 270; code of conduct for public officers: article 286; amendment of the constitution: chapter 25; and miscellaneous: articles 293 and 299. a bill for the amendment of an entrenched provision shall, before parliament proceeds to consider it, be referred by the speaker to the council of state for its advice and the council of state shall render advice on the bill within thirty days after receiving it. the bill shall be published in the gazette but shall not be introduced into parliament until the expiry of six months after the publication in the gazette under this clause. after the bill has been read the first time in parliament it shall not be proceeded with further unless it has been submitted to a referendum held throughout ghana and at least forty percent of the persons entitled to vote, voted at the referendum and at least seventy-five percent of the persons who voted cast their votes in favour of the passing of the bill. where the bill is approved at the referendum, parliament shall pass it. where a bill for the amendment of an entrenched provision has been passed by parliament in accordance with this article, the president shall assent to it. 291. amendment of non-entrenched provisions a bill to amend a provision of this constitution which is not an entrenched provision shall not be introduced into parliament unlessit has been published twice in the gazette with the second publication being made at least three months after the first; and at least ten days have passed after the second publication. the speaker shall, after the first reading of the bill in parliament, refer it to the council of state for consideration and advice and the council of state shall render advice on the bill within thirty days after receiving it. where parliament approves the bill, it may only be presented to the president for his assent if it was approved at the second and third readings of it in parliament by the votes of at least two thirds of all the members of parliament. where the bill has been passed in accordance with this article, the president shall assent to it. 292. certificate of compliance with constitution a bill for the amendment of this constitution which has been passed in accordance with this constitution, shall be assented to by the president only ifit is accompanied by a certificate from the speaker that the provisions of this constitution have been complied with in relation to it; and in the case of a bill to amend an entrenched provision, it is accompanied by a certificate from the electoral commission, signed by the chairman of the commission and bearing the seal of the commission, that the bill was approved at a referendum in accordance with this chapter. chapter 26. miscellaneous 293. claims against government where a person has a claim against the government, that claim may be enforced as of right by proceedings taken against the government for that purpose without the grant of a fiat or the use of the process known as petition of right. the government shall be subject to all those liabilities in tort to which, if it were a private person of full age and capacity, it would be subjectin respect of torts committed by its employees or agents; in respect of a breach of duties which a person owes to his employees or agents at common law or under any other law by reason of being their employer; and in respect of a breach of the duties at common law or under any other law attached to the ownership, occupation, possession or control of property. no proceedings shall lie against the government by virtue of paragraph (a) of clause (2) of this article in respect of an act or omission of an employee or agent of the government unless the act or omission would, apart from this article, have given rise to a cause of action in tort against that employee or his estate. where the government is bound by a statutory duty which is binding also upon persons other than the government and its officers, the government shall, in respect of a failure to comply with that duty, be subject to all liabilities in tort to which it would be so subject if the government were a private person of full age and capacity. where functions are conferred or imposed on an officer of the government as such officer either by a rule of the common law or by statute and that officer commits a tort while performing or purporting to perform those functions, the liabilities of the government in respect of the tort shall be what they would have been if the functions had been conferred or imposed solely by virtue of instructions lawfully given by the government. no proceedings shall lie against the government by virtue of this article in respect ofanything done or omitted to be done by any person while discharging or purporting to discharge responsibilities of a judicial nature vested in him; or any act, neglect or default of an officer of the government unless that officerhas been directly or indirectly appointed by the government and was, at the material time, paid in respect of his duties as an officer of the government wholly out of public funds or out of moneys provided by parliament; or was, at the material time, holding an office in respect of which the public services commission certifies that the holder of that office would normally be so paid. where the government is subject to a liability by virtue of this article, the law relating to indemnity and contribution shall be enforceableagainst the government by an employee of the government who is acting in the proper execution of his duties in respect of the liability or by any other person in respect of the liability to which that person is subject; or by the government against any person other than an employee of the government, in respect of the liability to which it is so subject, as if the government were a private person of full age and capacity. 294. legal aid for the purposes of enforcing any provision of this constitution, a person is entitled to legal aid in connection with any proceedings relating to this constitution if he has reasonable grounds for taking, defending, prosecuting or being a party to the proceedings. subject to clause (1) of this article, parliament shall, by or under an act of parliament, regulate the grant of legal aid. without prejudice to clause (2) of this article, parliament may, under that clause provide for the granting of legal aid in such matters other than those referred to in clause (1) of this article as may be prescribed by or under that act. for the purposes of this article, legal aid shall consist of representation by a lawyer, including all such assistance as is given by a lawyer, in the steps preliminary or incidental to any proceedings or arriving at or giving effect to a compromise to avoid or to bring to an end any proceedings. 295. interpretation in this constitution, unless the context otherwise requires"act of parliament" means an act enacted by parliament and includes an ordinance; "article" means an article of this constitution; "chief" has the meaning assigned to it in article 277 of this constitution; "civil service" includes service in both central and local governments; "commission of inquiry" includes a committee of inquiry; "constitutional instrument" means an instrument made under a power conferred by this constitution; "court" means a court of competent jurisdiction established by or under the authority of this constitution and includes a tribunal; "decree" includes a decree made by the national liberation council, the national redemption council, the supreme military council or the armed forces revolutionary council or under its authority and any statutory instrument made under the authority of any such decree; "district assembly" includes a metropolitan and a municipal assembly; "enactment" means an act of parliament, a decree, a law or a constitutional instrument or a statutory instrument or any provision of an act of parliament, a decree, a law or of a constitutional or of a statutory instrument; "entrenched provision" has the meaning assigned to it in article 290 of this constitution; "functions" includes powers and duties; "government" means any authority by which the executive authority of ghana is duly exercised; "high crime" means high crime within the meaning of article 2 of this constitution; "high treason" means high treason within the meaning of article 3 of this constitution; "judgment" includes a decision, an order or decree of the court; "meeting" includes a period during which parliament is meeting continually within a session; "minister" means a minister appointed under article 78 or 256 of this constitution; "oath" includes an affirmation; "oath of allegiance" means the oath of allegiance specified in the second schedule to this constitution; "paramount chief" means a person who has been nominated, elected and installed as a paramount chief in accordance with customary law and usage; "public corporation" means a corporation or any other body of persons established by an act of parliament or set up out of funds provided by parliament or other public funds; "public interest" includes any right or advantage which enures or is intended to enure to the benefit generally of the whole of the people of ghana; "public office" includes an office the emoluments attached to which are paid directly from the consolidated fund or directly out of moneys provided by parliament and an office in a public corporation established entirely out of public funds or moneys provided by parliament; "public service" includes service in any civil office of government, the emoluments attached to which are paid directly from the consolidated fund or directly out of moneys provided by parliament and service with a public corporation; "retiring awards" includes pension and gratuity; "rules of court committee" means the rules of court committee established by article 157 of this constitution; "service chiefs" includes army chief of staff, chief of naval staff and chief of air staff; "session" means a series of meetings of parliament within a period of twelve months; "sitting" includes a period during which parliament is sitting continuously without adjournment and a period during which it is in committee; "statutory instrument" means an instrument made, whether directly or indirectly, under a power conferred by an act of parliament or a decree or a law; "stool" includes a skin, and the person or body of persons having control over skin land; "stool land" includes any land or interest in, or right over, any land controlled by a stool or skin, the head of a particular community or the captain of a company, for the benefit of the subjects of that stool or the members of that community or company; and "treason" means treason as defined in article 19 of this constitution. in this constitution and in any other lawa reference to the holder of an office by the term designating his office, shall, unless the context otherwise requires, be construed as including a reference to a person for the time being lawfully acting in or performing the functions of that office; references to the power to remove a public officer from his office shall be construed, subject to clause (4) of this article, as including references to a power conferred by any law to require or permit that officer to retire from the public service. nothing in paragraph (b) of clause (2) of this article shall be construed as conferring on any person or authority power to require a justice of the superior court of judicature or the auditor-general to retire from the public service. a power conferred by a law to permit a person to retire from the public service shall, in the case of a public officer who may be removed from office by some person or authority, other than a commission established by this constitution, vest in the president acting in accordance with the advice of the appropriate authority. for the purposes of this constitution and any other law, a person shall not be considered as holding a public office by reason only of the fact that he is in receipt of a pension or other similar allowance in respect of service under the government of ghana. a provision in this constitution that vests in a person or authority power to remove a public officer from his office, shall be without prejudice to the power of any person or authority to abolish an office or to a law for compulsory retirement of public officers generally or any class of public officers on attaining the age specified in the law. where power is vested by this constitution in any person or authority to appoint a person to act in or perform the functions of an office if the holder of the office is unable to perform those functions, the appointment shall not be called in question on the ground that the holder of the office could have performed those functions. no provision of this constitution or of any other law to the effect that a person or authority shall not be subject to the direction or control of any other person or authority in the performance of any functions under this constitution or that law, shall preclude a court from exercising jurisdiction in relation to any question whether that person or authority has performed those functions in accordance with this constitution or the law. in this constitution references to the alteration of any of the provisions of this constitution or of an act of parliament include references to the amendment, modification, re-enactment with amendment or modification, the suspension or repeal of that provision and the making of a different provision in place of that provision. 296. exercise of discretionary power where in this constitution or in any other law discretionary power is vested in any person or authoritythat discretionary power shall be deemed to imply a duty to be fair and candid; the exercise of the discretionary power shall not be arbitrary, capricious or biased either by resentment, prejudice or personal dislike and shall be in accordance with due process of law; and where the person or authority is not a judge or other judicial officer, there shall be published by constitutional instrument or statutory instrument, regulations that are not inconsistent with the provisions of this constitution or that other law to govern the exercise of the discretionary power. 297. implied power, etc in this constitution and in any other lawthe power to appoint a person to hold or to act in an office in the public service shall include the power to confirm appointments, to exercise disciplinary control over persons holding or acting in any such office and to remove the persons from office; where a power is conferred or a duty is imposed, the power may be exercised and the duty shall be performed, from time to time, as occasion requires; where a power is given to a person or authority to do or enforce the doing of an act or a thing, all such powers shall be deemed to be also given as are necessary to enable that person or authority to do or enforce the doing of the act or thing; where a power is conferred to make any constitutional or statutory instrument, regulation or rule or pass any resolution or give any direction, the power shall be construed as including the power, exercisable in the same manner, to amend or to revoke the constitutional or statutory instrument, regulation, rules or resolution or direction as the case may be; words importing male persons include female persons and corporations. words in the singular include the plural, and words in the plural include the singular; where a word is defined, other parts of speech and tenses of that word have corresponding meanings; words directing or empowering a public officer to do any actor thing, or otherwise applying to him by the designation of his office, include his successors in office and all his deputies and all other assistants; words directing or empowering a minister of state to do an act or a thing, or otherwise applying to him by the designation of his office, include a person acting for him, or if the office is vacant, a person designated to act in that office by or under the authority of an act of parliament and also his successors in office and all his deputies or other assistants; where a power is conferred or a duty is imposed on the holder of an office as such, the power may be exercised and the duty shall be performed by the person for the time being charged with the performance of the functions of that office. 298. residual powers of parliament subject to the provisions of chapter 25 of this constitution, where on any matter, whether arising out of this constitution or otherwise, there is no provision, express or by necessary implication of this constitution which deals with the matter, that has arisen, parliament shall, by an act of parliament, not being inconsistent with any provision of this constitution, provide for that matter to be dealt with. 299. transitional provisions the transitional provisions specified in the first schedule to this constitution shall have effect notwithstanding anything to the contrary in this constitution. first schedule. transitional provisions part i. first president 1. first president notwithstanding anything in this constitution, the person duly elected president of ghana under the law in force immediately before the coming into force of this constitution shall be taken to have been duly elected for the purposes of this constitution. the president referred to in subsection (1) of this section shall assume office as president on the date of the coming into force of this constitution notwithstanding anything in this constitution. part ii. first parliament 2. first parliament notwithstanding anything in this constitution the persons duly elected as members of parliament under the law in force immediately before the coming into force of this constitution, shall be taken to have been duly elected members of parliament for the purposes of this constitution. the person who was clerk of the consultative assembly or such other public officer as the provisional national defence council may designate, shall, notwithstanding anything to the contrary in this constitution, act as clerk to parliament until a clerk is appointed under article 124 of this constitution. the person who was clerk of the consultative assembly established under the consultative assembly law 1991 (pndcl. 253) or other person designated under subsection (2) of this section shall, not later than seven days after the coming into force of this constitution, summon a meeting of parliament for the election of the speaker, the taking of oaths by members of parliament, the swearing in of the president and the approval of ministers of state and deputy ministers for appointment under this constitution. for the avoidance of doubt, any notice given before the coming into force of this constitution summoning parliament to meet for the purposes of subsection (3) of this section, shall be deemed to be a valid notice for all purposes. the standing orders of the parliament under the constitution of the republic of ghana, 1979 shall apply to the proceedings of parliament until parliament otherwise determines under article 110 of this constitution. part iii. the judiciary 3. functions of superior courts of judicature the supreme court, the court of appeal and the high court in existence immediately before the coming into force of this constitution shall be deemed to have been established under this constitution and shall perform the functions of the supreme court, the court of appeal and the high court specified respectively in chapter 11 of this constitution. all proceedings pending before any court referred to in subsection (1) of this section immediately before the coming into force of this constitution may be proceeded with and completed in that court notwithstanding anything in this constitution. 4. continuance of appointments of justices of the superior courts a justice of the supreme court, the court of appeal or the high court holding office immediately before the coming into force of this constitution, shall continue to hold office as if appointed to that office under this constitution. any person to whom this section applies shall, on the coming into force of this constitution, take and subscribe the oath of allegiance and the judicial oath set out in the second schedule to this constitution. 5. continuance in existence of public tribunals board for six months the public tribunals board shall cease to exist within six months after the coming into force of this constitution and its functions, assets and liabilities are transferred to the judicial council. 6. parliament to prescribe jurisdiction of regional tribunals and establish lower courts and tribunals parliament shall, within six months after the coming into force of this constitutionprescribe by law the jurisdiction of regional tribunals for the purposes of article 143 of this constitution; and establish lower courts or tribunals for the purposes of article 126 of this constitution. 7. existing public tribunals and other courts all cases partly heard before any of the following public tribunals immediately before the coming into force of this constitution, may be continued and completed before that public tribunalthe national public tribunal; regional public tribunals; district public tribunals; and community public tribunals. all cases partly heard before any circuit court, district court grade i or district court grade ii immediately before the coming into force of this constitution may be continued and completed before that court. the national public tribunal shall cease to exist upon completion of the partly beard cases referred to in subsection (1) of this section, or within six months after the coming into force of this constitution, whichever is earlier. all cases other than those referred to in subsection (1) of this section pending before the national public tribunal immediately before the coming into force of this constitution, shall be transferred to such court or tribunal as the chief justice may direct. any person employed with any public tribunal immediately before the coming into force of this constitution and who is qualified and suitable for appointment to any office or position in the judicial service, may be so appointed if recommended to be appointed by the judicial council. part iv. miscellaneous 8. existing offices a person who immediately before the coming into force of this constitution held or was acting in an office in existence immediately before the coming into force of this constitution, shall be deemed to have been appointed as far as is consistent with the provisions of this constitution, to hold or act in the equivalent office under this constitution. a person who before the coming into force of this constitution would have been required under the law in force to vacate his office at the expiration of a period of service shall, notwithstanding the provisions of subsection (1) of this section, vacate his office at the expiration of that period. this section shall be without prejudice to any powers conferred by or under this constitution or any other law not being inconsistent with any provision of this constitution, upon any person or authority to make provision for the abolition of office, for the removal from office of persons holding or acting in any office and for requiring those persons to retire from office. in determining, for the purposes of any law relating to retiring benefits or otherwise to length of service, the length of service of a public officer to whom the provisions of subsections (1) and (2) of this section apply, service as a public officer under the government which terminates immediately before the coming into force of this constitution shall be deemed to be continuous with service as a public officer which begins immediately at such coming into force. a person to whom the provisions of this section apply shall, immediately on the coming into force of this constitution or at any convenient time thereafter, take and subscribe the oath, if any, required for that office by law. a person who was entitled to retire on his salary immediately before the coming into force of this constitution shall have the same terms and conditions of service relating to retiring awards as he enjoyed immediately before the coming into force of this constitution; and accordingly, nothing in this constitution or in this schedule shall adversely affect the conditions of service of any such person. the terms and conditions of, service of a person to whom subsection (1) of this section applies shall not be less favourable than those applicable to him immediately before the coming into force of this constitution. 9. certain appointments to be made within six months after president assumes office the first appointments to the following offices shall be made within six months after the assumption of office of the presidentthe commissioner for human rights and administrative justice and his deputies; the district assemblies common fund administrator; the chairman, the deputy chairmen and members of the electoral commission; the chairmen and other members of the national council for higher education howsoever described; the national media commission; and the national commission for civic education. 10. public corporations until parliament enacts an act of parliament in accordance with article 192 of this constitution for the establishment or operation of a public corporation, a public corporation in existence immediately before the coming into force of this constitution shall continue its operations under the enactment under which it was established. 11. office of ombudsman the office of the ombudsman in existence immediately before the coming into force of this constitution shall, until the president appoints the commissioner for human rights and administrative justice and his deputies, and provision is otherwise made, continue as if it forms part of the office of the commission for human rights and administrative justice. 12. cases pending before orc, nic and shapic notwithstanding anything in this constitution to the contrary, all cases pending before the office of revenue commissioners established under the revenue commissioners law, 1984 (pndcl 80), the national investigations committee established under the national investigations committee law, 1982 (pndcl.2) and the state houses (allocation policy and implementation) commission established under the state houses (allocation policy and implementation) commission law, 1984 (pndcl 83) in existence immediately before the coming into force of this constitution may be proceeded with and completed by that commission or committee, until the submission of its report or until it is otherwise dissolved in accordance with law. 13. age for social security pension notwithstanding article 199 of this constitution, a person is not entitled to receive pension under the social security scheme under the social security law, 1991 (pndcl 247) before attaining the age of fifty-five years unless parliament by law otherwise determines. 14. existing commissions and committees of inquiry notwithstanding anything in this constitution to the contrary any commission or committee of inquiry in existence immediately before the coming into force of this constitution, may continue in existence until the submission of its report or until it is otherwise dissolved in accordance with law. for the avoidance of doubt, the report and findings of a commission or committee of inquiry established before the coming into force of this constitution under any enactment shall have the same effect as the report or findings of a commission of inquiry established under this constitution. 15. pending matters where any matter or thing has been commenced before the coming into force of this constitution by a person or authority that has power for the purpose under the existing law, that matter or thing may be carried on and completed by the person or authority having power for the purpose after the coming into force of this constitution; and it shall not be necessary for the person or authority to commence the matter or thing afresh. 16. official seals, etc the presidential seal, the public seal, the seals of the superior courts as well as any prescribed forms in use under any enactment in force immediately before the coming into force of this constitution shall continue to be used until provision is otherwise made for them. 17. prerogative of mercy the prerogative of mercy of the president under article 72 of this constitution may be exercised in respect of any criminal offence committed before the coming into force of this constitution as it may in respect of a criminal offence committed thereafter. 18. consolidated fund and contingency fund to continue the consolidated fund and the contingency fund in existence immediately before the coming into force of this constitution, shall, until otherwise provided by law, continue in existence as the consolidated fund and the contingency fund referred to in article 175 of this constitution. subject to this constitution, every payment required or authorised to be made into a public fund or out of a public fund under any enactment in force immediately before the coming into force of this constitution shall continue to be made into or out of that fund. 19. estimates for current financial year to continue to have effect notwithstanding any law to the contrary, the financial estimates in operation for the financial year in being at the coming into force of this constitution shall, until provision is otherwise made by act of parliament, continue and shall have full effect. 20. payment and saving of rights under former constitutions and laws all compensations, pensions, gratuities and similar allowances granted in accordance with the provisions of any constitution or any other law formerly in force in ghana and which were payable immediately before the coming into force of this constitution, shall, notwithstanding the abrogation or repeal of any such constitution or law, as the case may be, continue to be payable and are charged on the consolidated fund. 21. enactments not yet in force where immediately before the coming into force of this constitution any existing enactment had not been brought into force or was to come into force on a date subsequent to such coming into force, the enactment may be brought into force in accordance with its terms, or shall come into force upon such subsequent date, as the case may be. 22. register of voters and electoral commission the register of voters for public elections and referenda in existence immediately before the coming into force of this constitution shall, on the coming into force of this constitution, have effect as if it was compiled under this constitution. subject to this constitution, the interim national electoral commission in existence immediately before the coming into force of this constitution shall, on the coming into force of this constitution and until the president appoints the members of the electoral commission under section 9 of this schedule, exercise the functions and powers provided for the electoral commission in this constitution. 23. distract assemblies. etc. continued in existence subject to constitution until parliament otherwise provides by law, existing laws regulating the operation of district assemblies and other local authorities shall continue to regulate their operations. until parliament establishes the district assemblies common fund in accordance with article 252 of this constitution, all taxes and other moneys collected exclusively for district assemblies shall continue to be collected exclusively for district assemblies under the enactments under which they were collected. 24. houses of chiefs. etc the national house of chiefs, the regional houses of chiefs, the traditional councils and all judicial committees of those bodies in existence immediately before the! coming into force of this constitution shall, on the coming into force of this constitution, continue in existence subject to this constitution. 25. consequential amendments to oaths decree 1972 (nrcd 6) the oaths decree, 1972 (nrcd 6), as amended, shall have effect subject to the provisions of this constitution. 26. general adaptation of existing enactments except where the context otherwise requires and subject to the other provisions of this part, in all enactments in existence immediately before the coming into force of this constitutionfor any reference to the provisional national defence council there shall be substituted a reference to the cabinet; for any reference to the secretary to the provisional national defence council where the reference relates to the functions normally performed by the secretary to the cabinet the reference shall be a reference to the secretary to the cabinet, any reference to the secretary to the committee of secretaries shall be a reference to the head of the civil service; for any reference to a secretary, being an individual of ministerial rank, there shall be substituted a reference to a minister; for any reference to a member of the provisional national defence council responsible for any subject or department of state there shall be substituted a reference to the minister responsible for that subject or department of state. 27. chief of defence staff to include general officer commanding in this constitution, any reference to the chief of defence staff shall be deemed to include any person who holds or held the office of general officer commanding. 28. reference to government in enactments a reference to the government in an enactment in existence immediately before the coming into force of this 'constitution, where the reference relates to a legislative function normally performed by parliament or a national assembly shall be construed as a reference to parliament. a reference to the government in an enactment in existence immediately before the coming into force of this constitution, where the reference relates to an executive function of the government, shall be construed as a reference to the president. 29. references to provisional national defence council in enactments a reference to the provisional national defence council in any enactment in existence immediately before the coming into force of this constitution, where the reference was originally a reference to the president shall, be, construed as a reference to the president. a reference to the provisional national defence council in any enactment in existence immediately before the coming into force of this constitution, where the reference relates to a legislative function normally performed by parliament or a national assembly shall be construed as a reference to parliament. a reference to the provisional national defence council in any enactment in existence immediately before the coming into force of this constitution, where the reference relates to an executive function of the council shall be construed as a reference to the president. a reference to the provisional national defence council in any enactment in existence immediately before the coming into force of this constitution, where the reference relates to the making of a statutory instrument, shall be construed as a reference to the president or to any minister or authority designated by the president. 30. modifications of existing laws by the president the first president under this constitution may, at any time within twelve months after assuming office as president, by constitutional instrument, make such provision as may appear necessary for repealing, modifying, adding to or adapting any law for bringing it into accord with the provisions of this constitution or otherwise for giving effect to this constitution. 31. continuation of effect of matters prescribed by existing law where any matter that falls to be prescribed or otherwise provided for under this constitution by parliament or by any other authority or person, is prescribed or provided for by or under any existing law or is otherwise lawfully prescribed or provided for immediately before the coming into force of this constitution, that prescription or provision shall, as from the coming into force of this constitution, have effect with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with this constitution as if made under this constitution by parliament or, as the case may be, by the other authority or person. for the avoidance of doubt, and without prejudice to the general effect of subsection (1) of this section, where anything is required or authorised by this constitution to be prescribed or provided for by or under an act of parliament, it shall be deemed to be duly prescribed or provided for, if it has been prescribed or provided for by or under an act, decree, or a law in force immediately before the coming into force of this constitution. 32. succession to property subject to the provisions of articles 257 and 258 of this constitution, all properties and assets which immediately before the coming into force of this constitution were vested in any authority or person for the purposes of, or in right of, the government of ghana or in the government of ghana, shall, on the coming into force of this constitution, without further assurance than this section, vest in the president. any property which was liable, immediately before the coming into force of this constitution, to estreat or to be forfeited to the government of ghana shall be liable to estreat or to be forfeited to the government of ghana under this constitution. where immediately before the coming into force of this constitution any person held any property or asset in trustfor the president of ghana under the constitution that was abrogated on 31st december, 1981; or for the provisional national defence council or the government of ghana; for the purposes of, or in right of, the government of ghana, that person shall, on the coming into force of this constitution, hold the property or asset subject to the provisions of articles 257 and 258 of this constitution, on the same trust for the government of ghana established under this constitution. in this section, references to property and assets vested in or held in trust shall include property and assets vested in or held in trust immediately before the 31st day of december 198 1, for an interest which extended beyond the 30th day of december, 1981 and has not been surrendered. 33. devolution of other rights and liabilities subject to section 32 of this schedulewhere under an existing law, a right, prerogative, power, privilege or function is vested in the provisional national defence council, that right, prerogative, power, privilege or function shall, on the coming into force of this constitution, vest in the president or such other person or authority as is specified under this constitution who, subject to the provisions of this constitution or any other law, may do all things necessary for its exercise or performance; and any right, power, privilege, obligation, liability, duty or function vested in, or subsisting against the government of ghana by or under an existing law shall continue to so vest or subsist. 34. indemnity no member of the provisional national defence council, provisional national defence council secretary, or other appointees of the provisional national defence council shall be held liable either jointly or severally, for any act or omission during the administration of the provisional national defence council. it is not lawful for any court or tribunal to entertain any action or take any decision or make any order or grant any remedy or relief in any proceedings instituted against the government of ghana or any person acting under the authority of the government of ghana whether before or after the coming into force of this constitution or against any person or persons acting in concert or individually to assist or bring about the change in government which took place on the twenty-fourth day of february 1966 on the thirteenth day of january 1972, on the fourth day of june 1979 and on the thirty-first day of december 1981 in respect of any act or omission relating to, or consequent upon the overthrow of the government in power before the formation of the national liberation council, the national redemption council, the supreme military council, the armed forces revolutionary council and the provisional national defence council; or the suspension or abrogation of the constitutions of 1960, 1969 and 1979; or the establishment of the national liberation council, the national redemption council, the supreme military council which took office on the ninth day of october 1975, the supreme military council established on the fifth day of july 1978, the armed forces revolutionary council, or the provisional national defence council; or the establishment of this constitution. for the avoidance of doubt, it is declared that no executive, legislative or judicial action taken or purported to have been taken by the provisional national defence council or the armed forces revolutionary council or a member of the provisional national defence council or the armed forces revolutionary council or by any person appointed by the provisional national defence council or the armed forces revolutionary council in the name of either the provisional national defence council or the armed forces revolutionary council shall be questioned in any proceedings whatsoever and, accordingly, it shall not be lawful for any court or other tribunal to make any order or grant any remedy or relief in respect of any such act. the provisions of subsection (3) of this section shall have effect notwithstanding that any such action as is referred to in that subsection was not taken in accordance with any procedure prescribed by law. it is not lawful for any court or tribunal to entertain an action instituted in respect of an act or omission against a person acting or omitting to act, on the instructions or authority of the provisional national defence council or the armed forces revolutionary council or a member of the provisional national defence council or the armed forces revolutionary council and alleged to be in contravention of any law, whether substantive or procedural, in existence before or during the administration of the provisional national defence council or the armed forces revolutionary council. 35. preservation of confiscation and penalties imposed by a.f.r.c and p.n.d.c subject to subsection (2) of this section, any confiscation of any property and any other penalties imposed by or under the authority of the armed forces revolutionary council and the provisional national defence council under any decree or law made by that council, shall not be reversed by any authority under this constitution. where any property or part of any property of a person was confiscated on the basis of his holding a public or political office or on any other basis, and it is established to the satisfaction of the commissioner for human rights and administrative justice that the property or that part was acquired before he assumed the public or political office, or that it was otherwise lawfully acquired, the property or that part shall be returned to that person. 36. arrogation of pndc (establishment) proclamation upon the coming into force of this constitution, the provisional national defence council (establishment) proclamation 1981 and the provisional national defence council (establishment) proclamation (supplementary and consequential provisions) law, 1982 (pndcl 42) shall cease to have effect. notwithstanding the abrogation of the proclamation referred to in subsection (1) of this section, any enactment or rule of law in force immediately before the coming into force of this constitution shall, in so far as it is not inconsistent with a provision of this constitution, continue in force as if enacted, issued, or made under the authority of this constitution. 37. sections not to be amended notwithstanding anything in chapter 25 of this constitution, parliament shall have no power to amend this section or sections 34 and 35 of this schedule. second schedule. forms of oath 1. the oath of allegiance i,...................................................................................... do (in the name of the almighty god swear) (solemnly affirm) that i will bear true faith and allegiance to the republic of ghana as by law established; that i will uphold the sovereignty and integrity of ghana; and that i will preserve, protect and defend the constitution of the republic of ghana. (so help me god). to be sworn before the president, the chief justice or such other person as the president may designate. 2. the presidential oath i,...................................................................................... having been elected to the high office of president of the republic of ghana do (in the name of the almighty god swear) (solemnly affirm) that i will be faithful and true to the republic of ghana; that i will at all times preserve, protect and defend the constitution of the republic of ghana; and that i dedicate myself to the service and well-being of the people of the republic of ghana and to do right to all manner of persons. i further (solemnly swear) (solemnly affirm) that should i at any time break this oath of office i shall submit myself to the laws of the republic of ghana and suffer the penalty for it. (so help me god). to be administered by the chief justice before parliament. 3. the oath of the vice-president i.......................................................................................... having been elected to the office of vice-president of the republic of ghana, do (in the name of the almighty god swear) (solemnly affirm) that i will be faithful and true to the republic of ghana; that 1 will at all times preserve, protect and defend the constitution of the republic of ghana; and i dedicate myself to the service and well-being of the people of the republic of ghana and to do right to all manner of persons. i further (solemnly swear) (solemnly affirm) that should i at any time break this oath of office, i shall submit myself to the laws of the republic of ghana and suffer the penalty for it. (so help me god). to be administered by the chief justice before parliament. 4. the judicial oath i,.......................................................................................... having been appointed (chief justice/a justice of the supreme court/a justice of the court of appeal/a justice of the high court of justice, etc.) do (in the name of the almighty god swear) (solemnly affirm) that i will bear true faith and allegiance to the republic of ghana as by law established; that i will uphold the sovereignty and integrity of the republic of ghana; and that i will truly and faithfully perform the functions of my office without fear or favour, affection or ill-will; and that i will at all times uphold, preserve, protect and defend the constitution and laws of the republic of ghana. (so help me god). to be sworn before the president, the chief justice or such other person as the chief justice may designate. 5. the oath of member of council of state i,.............................................................................................. do (solemnly swear in the name of the almighty god) (solemnly affirm) that i will faithfully and conscientiously perform my duties as a member of the council of state and uphold, preserve, protect and defend the constitution of the republic of ghana. (so help me god). to be sworn before the president. 6. the cabinet oath i,............................................................................................ having been appointed a member of the cabinet do (in the name of the almighty god swear) (solemnly affirm) that i will not directly or indirectly reveal such matters as shall be debated in the cabinet and committed to my secrecy; and that i will uphold, preserve, protect and defend the constitution of the republic of ghana. (so help me god). to be sworn before the president. 7. the oath of minister of state i.............................................................................................. having been appointed minister of state (deputy minister) of the republic of ghana, do (in the name of the almighty god swear) (solemnly affirm) that i will at all times well and truly serve the republic of ghana in the office of minister of state (deputy minister); that i will uphold, preserve, protect and defend the constitution of the republic of ghana as by law established; that i will, to the best of my judgment, at all times when required, freely give my counsel and advice for the good management of the public affairs of the republic of ghana; and that i will not directly or indirectly reveal any matters that shall come to my knowledge in the discharge of my duties and committed to my secrecy as minister of state (deputy minister). (so help me god). to be sworn before the president. 8. the oath of secrecy i,............................................................................................... holding the office of ............................................................... do (in the name of the almighty god swear) (solemnly affirm) that i will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall come to my knowledge in the discharge of my official duties except as may be required for the discharge of my official duties or as may be specially permitted by law. (so help me god). to be sworn before the president, the chief justice or such other person as the president may designate. 9. the official oath i,............................................................................................ do (in the name of the almighty god swear) (solemnly affirm) that 1 will at all times well and truly serve the republic of ghana in the office of ..................................................................... and that i will uphold, preserve, protect and defend the constitution of the republic of ghana as by law' established. (so help me god). to be sworn before the president or such other person as the president may designate. 10. the speaker's oath i,............................................................................................. do (in the name of the almighty god swear) (solemnly affirm) that i will bear true faith and allegiance to the republic of ghana as by law established; that i will uphold the integrity of the republic of ghana; that i will faithfully and conscientiously discharge my duties as speaker of parliament; and that i will uphold, preserve, protect and defend the constitution of the republic of ghana; and that i will do right to all manner of persons in accordance with the constitution of ghana and the laws and conventions of parliament without fear or favour, affection or ill-will. (so help me god). to be sworn before the chief justice. 11. the oath of a member of parliament i,........................................................................................... having been elected a member of parliament do (in the name of the almighty god swear) (solemnly affirm) that i will bear true faith and allegiance to the republic of ghana as by law established; that i will uphold, preserve, protect and defend the constitution of the republic of ghana; and that i will faithfully and conscientiously discharge the duties of a member of parliament. (so help me god). to be sworn before the speaker. 12. the oath of the auditor-general i,......................................................................................... having been appointed auditor-general of the republic of ghana do (in the name of the almighty god swear) (solemnly affirm) that i will bear true faith and allegiance to the republic of ghana; that i will uphold, preserve, protect and defend the constitution of the republic of ghana; and that i will truly and faithfully perform the functions of my office without fear or favour, affection or ill-will. (so help me god). to be sworn before the president, or such other person as the president may designate. preamble we, the guyanese people, proud heirs of the indomitable will of our forebears, in a spirit of reconciliation and cooperation, proclaim this constitution in order to: safeguard and build on the rich heritage, won through tireless struggle, bequeathed us by our forebears; affirm our sovereignty, our independence and our indissolubility; forge a system of governance that promotes concerted effort and broad-based participation in national decision-making in order to develop a viable economy and a harmonious community based on democratic values, social justice, fundamental human rights, and the rule of law; celebrate our cultural and racial diversity and strengthen our unity by eliminating any and every form of discrimination; value the special place in our nation of the indigenous peoples and recognise their right as citizens to land and security and to their promulgation of policies for their communities; acknowledge the aspirations of our young people who, in their own words, have declared that the future of guyana belongs to its young people, who aspire to live in a safe society which respects their dignity, protects their rights, recognises their potential, listens to their voices, provides opportunities, ensures a healthy environment and encourages people of all races to live in harmony and peace and affirm that their declaration will be binding on our institutions and be a part of the context of our basic law; demonstrate our commitment to protect our natural environment and endowment; create a republican community practically aware that the finances, industry, communications, education, business and technology of the world are global factors affecting all in which all must engage and from which all must benefit. as citizens of guyana, we adopt these fundamental laws and make provision for their amendment to reflect changes in our society, inspired by our collective quest for a perfect nation, whose characteristics include the commitments, concepts, and other principles proclaimed in this preamble. may god protect our people. part 1. general principles chapter i. the state and the constitution 1. the state in transition to socialism guyana is an indivisible, secular, democratic sovereign state in the course of transition from capitalism to socialism and shall be known as the co-operative republic of guyana. 2. the territory the territory of the state comprises the areas that immediately before the commencement of this constitution were comprised in the area of guyana together with such other areas as may be declared by act of parliament to form part of the territory of the state. 3. the capital the capital of the state is the city of georgetown. 4. the flag the national flag of the state is the flag known as "the golden arrow head" as set out in the second schedule. 5. the coat of arms the coat of arms of the state is that in use at the commencement of this constitution as set out in the second schedule. 6. the anthem the national anthem of the state is the anthem known as "green land of guyana" as set out in the second schedule. 6a. the pledge the national pledge of the state is the pledge as set out in the second schedule. 7. duty to respect national symbols it is the duty of every citizen of guyana wherever he or she may be and of every person in guyana to respect the national flag, the coat of arms, the national anthem, the national pledge and the constitution of guyana, and to treat them with due and proper solemnity on all occasions. 8. supremacy of constitution this constitution is the supreme law of guyana and, if any other law is inconsistent with it, that other law shall, to the extent of the inconsistency, be void. chapter ii. principles and bases of the political, economic and social system 9. sovereignty belongs to the people sovereignty belongs to the people, who exercise it through their representatives and the democratic organs established by or under this constitution. 10. political parties the right to form political parties and their freedom of action are guaranteed. political parties must respect the principles of national sovereignty and of democracy. 11. [repealed by act no. 10 of 2003] 12. local government local government by freely elected representatives of the people is an integral part of the democratic organisation of the state. 13. objective of political system the principal objective of the political system of the state is to establish an inclusionary democracy by providing increasing opportunities for the participation of citizens, and their organisations in the management and decision-making processes of the state, with particular emphasis on those areas of decision-making that directly affect their well-being. 14. goal of economic development the goal of economic development includes the objective of creating, promoting and encouraging an economic system capable of achieving and maintaining sustainable competitive advantage in the context of a global competitive environment, by fostering entrepreneurship, individual and group initiative and creativity, and strategic alliances with domestic and global business partners in the private sector. 15. further goal of economic development the goal of economic development includes the objective of laying the material basis for the greatest possible satisfaction of the people's growing material, cultural and intellectual requirements, as well as the dynamically stable development of their personality, creativity, entrepreneurial skills, and cooperative relations in a plural society. the state shall intervene to mitigate any deleterious effects of competition on individuals or groups of individuals. 16. state to foster forms of development the state shall foster the development of such relevant forms of cooperation and of business entities as are seen to be supportive of the goals of economic development as stated in articles 14 and 15. 17. private enterprise privately owned economic enterprises are recognised, and shall be facilitated in accord with their conformity with the aims and objectives stated or implied in articles 13, 14, 15 and 16. 18. land to the tiller land is for social use and must go to the tiller. 19. personal property every citizen has the right to own personal property which includes such assets as dwelling houses and the land on which they stand, farmsteads, tools and equipment, motor vehicles and bank accounts. 20. right of inheritance the right of inheritance is guaranteed. 21. role of labour the source of the growth of social wealth and of the well-being of the people, and of each individual, is the labour of the people. 22. the right and the duty to work every citizen has the right to be rewarded according to the nature, quality and quantity of his or her work, to equal pay for equal work or work of equal value, and to just conditions of work. every citizen who is able to work has a duty to work. 23. right to leisure every citizen has the right to rest, recreation and leisure. the state in co-operation with co-operatives, trade unions and other socio-economic organisations will guarantee this right by prescribing hours and conditions of work and by establishing holiday arrangements for workers, including a complex of cultural, educational and health institutions. 24. right to medical attention and social care in case of old age and disability every citizen has the right to free medical attention and also to social care in case of old age and disability. 25. duty to improve environment every citizen has a duty to participate in activities designed to improve the environment and protect the health of the nation. 26. right to housing every citizen has the right to proper housing accommodation. 27. right to education every citizen has the right to free education from nursery to university as well as at non-formal places where opportunities are provided for education and training. it is the duty of the state to provide education that would include curricula designed to reflect the cultural diversities of guyana and disciplines that are necessary to prepare students to deal with social issues and to meet the challenges of the modem technological age. 28. youth every young person has the right to ideological, social, cultural and vocational development and to the opportunity for responsible participation in the development of the socialist order of society. 29. women's participation in public decision-making women's participation in the various management and decision-making processes, whether private., public or state, shall be encouraged and facilitated by laws enacted for that purpose or otherwise. 30. [repealed by act no. 10 of 2003] 31. protection of citizens resident abroad it is the duty of the state to protect the just rights and interests of citizens resident abroad. 32. duty to prevent crime and protect public property it is the joint duty of the state, the society and every citizen to combat and prevent crime and other violations of the law and to take care of and protect public property. 33. duty to defend state it is the duty of every citizen to defend the state. 34. abolition of discriminatory distinctions it is the duty of the state to enhance the cohesiveness of the society by eliminating discriminatory distinctions between classes, between town and country, and between mental and physical labour. 35. national culture the state honours and respects the diverse cultural strains which enrich the society and will seek constantly to promote national appreciation of them at all levels and to develop out of them a socialist national culture for guyana. 36. land and the environment the well-being for the nation depends upon preserving clean air, fertile soils, pure water and the rich diversity of plants, animals and eco-systems. 37. external relations the state supports the legitimate aspirations of other peoples for freedom and independence and will establish relations with all states on the basis of sovereign equality, mutual respect, inviolability of frontiers, territorial integrity of states, peaceful settlement of disputes, non-intervention in internal affairs, respect for human rights and fundamental freedoms, and co-operation among states. 38. national co-operation for development of economy it is the duty of the state, co-operatives, trade unions, other socio-economic organisations and the people through sustained and disciplined endeavours to achieve the highest possible levels of production and productivity and to develop the economy in order to ensure the realisation of the rights set out in this chapter. 38a. democratic state with a healthy economy to ensure that guyana is a democratic state with a healthy economy, the state shallfacilitate the engagement of citizens in activities designed to achieve their sustainable livelihoods; progressively remove the barriers that prohibit or limit the realisation of the potential for self-sustaining activities in such fields as agriculture, processing, manufacturing and artistic and information-based activities; encourage and support the self-mobilisation of citizens: and provide appropriate support to any group which is, or is claiming to be, under threat of marginalisation. 38b. the best interest of the child the best interest of the child shall be the primary consideration in all judicial proceedings and decisions and in all matters concerning children, whether undertaken by public or private social welfare institutions, administrative authorities or legislative bodies. 38c. adoption in best interest of the child the state shall ensure that the adoption of a child takes place only if that adoption would be in the best interest of the child. 38d. child's right to maintenance and accommodation every child has the right to maintenance and accommodation from his or her parents and guardians. 38e. formal education compulsory formal education is compulsory up to the age of fifteen years. 38f. vilification of religion no person's religion or religious belief shall be vilified. 38g. public service to be free from political influence the integrity of the public service is guaranteed. no public officer shall be required to execute or condone irregular acts on the basis of higher orders. the freedom of every public officer to perform his or her duties and fulfil his or her responsibilities is protected. no public officer shall be the subject of sanctions of any kind without due process. in the discharge of his or her duties a public officer shall execute the lawful policies of the government. 39. guiding principles and objectives it is the duty of parliament, the government, the courts and all other public agencies to be guided in the discharge of their functions by the principles set out in this chapter, and parliament may provide for any of those principles to be enforceable in any court or tribunal. in the interpretation of the fundamental rights provisions in this constitution a court shall pay due regard to international law, international conventions, covenants and charters bearing on human rights. chapter iii. fundamental rights and freedoms of the individual 40. fundamental rights and freedoms of the individual every person in guyana is entitled to the basic right to a happy, creative and productive life, free from hunger, ignorance and want. that right includes the fundamental rights and freedoms of the individual. the provisions of title 1 of part 2 shall have effect for the purpose of affording protection to the aforesaid fundamental rights and freedoms of the individual subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. chapter iv. citizenship 41. persons who continue to be citizens on commencement of constitution every person who, immediately before the commencement of this constitution, is a citizen of guyana shall continue to be a citizen of guyana. 42. persons entitled to be registered as citizens every person who, immediately before the commencement of this constitution, is or has been married to a personwho continues to be a citizen of guyana by virtue of the preceding article; or who, having died before the commencement of this constitution, would, but for his or her death, have continued to be a citizen of guyana on that date by virtue of that article, shall, if not otherwise a citizen, be entitled, upon making application and upon taking the oath of allegiance, to be registered as a citizen of guyana: provided that the right to be registered as a citizen under this paragraph shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy. any application for registration under this article shall be made in such manner as may be prescribed. 43. persons born in guyana after commencement of constitution every person born in guyana after the commencement of this constitution shall become a citizen of guyana at the date of his or her birth: provided that a person shall not become a citizen of guyana by virtue of this article if at the time of his or her birthhis or her father or his or her mother possesses such immunity from suit and legal process as is accorded to an envoy of a foreign sovereign power accredited to guyana and neither of them is a citizen of guyana; or his or her father or his or her mother is an enemy alien and the birth occurs in a place then under occupation by the enemy. 44. persons born outside guyana after commencement of constitution a person born outside guyana after the commencement of this constitution shall become a citizen of guyana at the date of his or her birth if at that date his or her father or his or her mother is a citizen of guyana otherwise than by virtue of this article. 45. marriage to citizen of guyana any person who, after the commencement of this constitution, marries a person who is or becomes a citizen of guyana shall be entitled, upon making application in such manner and taking such oath of allegiance as may be prescribed, to be registered as a citizen of guyana: provided that the right to be registered as a citizen of guyana under this article shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy. 46. deprivation of citizenship on acquisition of, or exercise of rights of, another citizenship if the president is satisfied that any citizen of guyana has at any time after 25th may, 1966, acquired by registration, naturalisation or other voluntary and formal act (other than marriage) the citizenship of any country other than guyana, the president may by order deprive that person of his or her citizenship. if the president is satisfied that any citizen of guyana has at any time after 25th may, 1966, voluntarily claimed and exercised in a country other than guyana any rights available to him or her under the law of that country, being rights accorded exclusively to its citizens, the president may by order deprive that person of his or her citizenship. 47. commonwealth citizens every person who under this constitution or any act of parliament is a citizen of guyana or under any enactment for the time being in force in any country to which this article applies is a citizen of that country shall, by virtue of that citizenship, have the status of a commonwealth citizen. every person who is a british subject without citizenship under the british nationality act 1948, continues to be a british subject under section 2 of that act or is a british subject under the british nationality act 1965 shall, by virtue of that status, have the status of a commonwealth citizen. the countries to which this article applies are antigua and barbuda, australia, the bahamas, bangladesh, barbados, belize, botswana, brunei, canada, cyprus, dominica, fiji, the gambia, ghana, grenada, india, jamaica, kenya, kiribati, lesotho, malawi, malaysia, maldives, malta, mauritius, nauru, new zealand and island territories and self-governing countries in free association with new zealand, nigeria, papua new guinea, seychelles, sierra leone, singapore, solomon islands, sri lanka, saint christopher and nevis, saint lucia, saint vincent and the grenadines, swaziland, tanzania, tonga, trinidad and tobago, tuvalu, uganda, united kingdom and colonies, vanuatu, western samoa, zambia and zimbabwe. the president may from time to time by order subject to affirmative resolution of the national assembly amend paragraph (3) by adding any country thereto or by deleting any country therefrom. 48. powers of parliament parliament may make provisionfor the acquisition of citizenship of guyana by persons who do not become citizens of guyana by virtue of the provisions of this chapter; for depriving of his or her citizenship of guyana any person who is a citizen of guyana otherwise than by virtue of article 41 (in so far as it relates to persons who became citizens of guyana by virtue of articles 21, 23 and 24 of the constitution of guyana annexed to the guyana independence order 1966), 43 or 44; or for the renunciation by any person of his or her citizenship of guyana. 49. interpretation in this chapter "prescribed" means prescribed by or under any act of parliament. for the purposes of this chapter, a person born aboard a registered ship or aircraft or aboard an unregistered ship or aircraft of the government of any country shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country. any reference in this chapter to the national status of the father or mother of a person at the time of that person's birth shall, in relation to a person born after the death of either parent, be construed as a reference to the national status of the deceased parent at the time of that parent's death; and where that death occurred before the date of commencement of this constitution, and the birth occurred on or after that date, the national status which that parent would have had if he or she had died on that date, shall be deemed to be his or her national status at the time of death. chapter v. supreme organs of democratic power 50. supreme organs of democratic power the supreme organs of democratic power in guyana shall bethe parliament; the president; and the cabinet. chapter vi. parliament composition of parliament 51. establishment of parliament there shall be a parliament of guyana, which shall consist of the president and the national assembly. 52. composition of the national assembly subject to paragraph (2) and to articles 105, 185 and 186, the national assembly shall consist of such number of members as shall be determined by the assembly who shall be elected in accordance with the provisions of this constitution and, subject thereto, in accordance with any law made by parliament in that behalf. if any person who is not a member of the national assembly is elected to be speaker of the assembly, he or she shall, by virtue of holding the office of speaker, be a member of the assembly in addition to the members aforesaid. 53. qualifications for election as members subject to article 155 (which relates to allegiance, insanity, and other matters) a person shall be qualified for election as a member of the national assembly if, and shall not be so qualified unless, he or sheis a citizen of guyana of the age of eighteen years or upwards; and is able to speak and, unless incapacitated by blindness or other physical cause, to read the english language with a degree of proficiency sufficient to enable him or her to take an active part in the proceedings of the assembly. 54. tenure of seats of members of the national assembly members of the national assembly shall vacate their seats in the assembly in the circumstances set out in article 156. 55. first meeting of the national assembly whenever elections have been held pursuant to the provisions of article 61, the national assembly shall hold its first meeting at the time appointed under article 69(1), and any reference in this constitution to the national assembly meeting for the first time after any election shall be read and construed as a reference to such first meeting. 56. speaker and deputy speaker when the national assembly first meets after any election and before it proceeds to the despatch of any other business, it shall elect a person to be the speaker of the assembly; and, if the office of speaker falls vacant at any time before the next dissolution of parliament, the assembly shall, as soon as practicable, elect another person to that office. the speaker may be elected either from among the members of the assembly who are not ministers or parliamentary secretaries or from among persons who are not members of the assembly but are qualified for election as members. when the national assembly first meets after any election and before it proceeds to the despatch of any other business except the election of the speaker, the assembly shall elect a member of the assembly who is not a minister or a parliamentary secretary to be deputy speaker of the assembly; and if the office of deputy speaker falls vacant at any time before the next dissolution of parliament, the assembly shall, as soon as convenient, elect another such member to that office. a person shall vacate the office of speaker or deputy speaker if required to do so by article 157 (which relates to loss of qualification for election as a member of the national assembly and other matters). 57. clerk and deputy clerk there shall be a clerk and a deputy clerk of the national assembly, and appointments to those offices shall be made by the president acting in accordance with the advice of the speaker. the tenure of office and terms of service of the clerk and deputy clerk and other matters relating thereto shall be regulated by article 158. 58. unqualified persons sitting or voting any person who sits or votes in the national assembly, knowing or having reasonable ground for knowing that he or she is not entitled to do so, shall be liable to a penalty of fifty dollars for each day upon which he or she so sits or votes. any such penalty shall be recoverable by civil action in the high court at the suit of the attorney general. elections 59. qualifications and disqualifications for electors subject to the provisions of article 159, every person may vote at an election if he or she is of the age of eighteen years or upwards and is either a citizen of guyana or a commonwealth citizen domiciled and resident in guyana. 60. electoral system election of members of the national assembly shall be by secret ballot. subject to the provisions of article 160(2), such number of members of the national assembly as determined by the assembly, shall be elected in accordance with the system of proportional representation prescribed by article 160(1). 61. times for elections under article 60 (2) an election of members of the national assembly under article 60(2) shall be held on such day within three months after every dissolution of parliament as the president shall appoint by proclamation: provided that no balloting commenced during the period of three months aforesaid, performed before the day so appointed, and pursuant to which the votes of any person registered as electors are cast at the election, shall be deemed contrary to the requirements of this article by reason only that such balloting has been so performed. 62. elections commission elections shall be independently supervised by the elections commission in accordance with the provisions of article 162. 63. filling of casual vacancies parliament may make provision for the filling of casual vacancies among the seats of members of the national assembly and for other matters relating to election of members of the assembly in accordance with the provisions of paragraphs (2) and (3) of article 160. 64. determination of questions as to membership and elections all questions as to membership of the national assembly shall be determined by the high court in accordance with the provisions of article 163. powers and procedure of parliament 65. legislative power subject to the provisions of this constitution, parliament may make laws for the peace, order and good government of guyana. the validity of any law made under this constitution with effect from a date earlier than the day on which this constitution commenced shall not be called in question in any court or tribunal on the ground that it contravenes, or is inconsistent with, any provision of any constitution which was in force in guyana at any time before the day on which this constitution commenced. 66. alternation of this constitution subject to the special procedure set out in article 164, parliament may alter this constitution. 67. attendance of the president in the national assembly the president may at any time attend and address the national assembly. the president may send messages to the national assembly and any such message shall be read, at the first convenient sitting of the assembly after it is received, by the prime minister or by any other minister designated by the president. 68. regulation of procedure, etc all other matters concerning parliament (including the procedure thereof) shall be regulated by the provisions of articles 165 to 172 (inclusive). summoning prorogation and dissolution 69. sessions of parliament each session of parliament shall be held at such place within guyana and shall begin at such time (not being later than six months from the end of the preceding session if parliament has been prorogued or four months from the end of that session if parliament has been dissolved) as the president shall appoint by proclamation. subject to the provisions of the preceding paragraph, the sittings of the national assembly shall be held at such time and place as the assembly may, by its rules of procedure or otherwise, determine. 70. prorogation and dissolution of parliament the president may at any time by proclamation prorogue parliament. the president may at any time by proclamation dissolve parliament. parliament, unless sooner dissolved, shall continue for five years from the date when the assembly first meets after any dissolution and shall then stand dissolved. during any time when the president considers that guyana is at war parliament may from time to time extend the period of five years specified in the preceding paragraph by not more than twelve months at a time: provided that the life of parliament shall not be extended under this paragraph by more than five years. if, after a dissolution and before the holding of an election of members of the assembly, pursuant to the provisions of article 61, the president considers that owing to the existence of a state of war or of a state of emergency in guyana or any part thereof, it is necessary to recall parliament, the president shall summon the parliament that has been dissolved to meet, but the election of members of the assembly shall proceed and the parliament that has been recalled shall, if not sooner dissolved, again stand dissolved on the day before the day on which the election is held. chapter vii. local democracy local democratic organs 71. local government local government is a vital aspect of socialist democracy and shall be organised so as to involve as many people as possible in the task of managing and developing the communities in which they live. for this purpose parliament shall provide for the institution of a country-wide system of local government through the establishment of organs of local democratic power as an integral part of the political organisation of the state. 72. local government areas parliament may provide for the division of guyana (save for any areas excluded by it) into ten regions and into such sub-regions and other subdivisions as it may deem fit for the purpose of organising local democratic organs. in defining the boundaries of any areas into which guyana may be divided under paragraph (1) account shall be taken of the population, the physical size, the geographical characteristics, the economic resources and the existing and planned infrastructure of each area, as well as the possibilities of facilitating the most rational management and use of such resources and infrastructure, with a view to ensuring that the area is or has the potential for becoming economically viable. municipalities, neighbourhood democratic councils and such other subdivisions shall be provided for under paragraph (1), including village and community councils, where there is the need for such councils and where the people request their establishment, shall be vital organs of local democratic power. 73. election of members of regional councils members of a regional democratic council shall be elected by persons residing in the region and registered as electors for the purpose of article 159: provided that parliament may make provision for any areas which do not form part of any region to be represented on the regional democratic council of any region near to which it is situate for such purposes as parliament may prescribe. elections of members of regional democratic councils shall be held and the councils shall be dissolved at such times as, subject to paragraph (3), the president may appoint by proclamation. the interval between any two successive dissolutions of a regional democratic council shall not exceed five years and four months: provided that, if at the expiration of that period the duration of parliament has been extended under article 70(4), that period shall not be deemed to come to an end until the expiration of the period for which the duration of parliament has been extended. 73a. lower tier of local government to be represented at the tier above each local democratic organ shall elect one of its councillors to serve as a member of the local democratic organ immediately above the first mentioned local democratic organ and parliament shall prescribe the procedure for such election and such other matters as may be necessary in connection therewith. 74. duties of local democratic organs it shall be the primary duty of local democratic organs to ensure in accordance with law the efficient management and development of their areas and to provide leadership by example. local democratic organs shall organise popular co-operation in respect of the political, economic, cultural and social life of their areas and shall co-operate with the social organisations of the working people. it shall be the duty of local democratic organs to maintain and protect public property, improve working and living conditions, promote the social and cultural life of the people, raise the level of civic consciousness, preserve law and order, consolidate the rule of law and safeguard the rights of citizens. 75. power to take decisions parliament shall provide that local democratic organs shall be autonomous and take decisions which are binding upon their agencies and institutions, and upon the communities and citizens of their areas. 76. power to raise revenue parliament may provide for regional democratic councils to raise their own revenues and to dispose of them for the benefit and welfare of their areas. 77. regional development programme to be integrated into the national development plans the development programme of each region shall be integrated into the national development plans, and the government shall allocate funds to each region to enable it to implement its development programme. 77a. parliament to provide criteria for allocation of resources by local democratic organs parliament shall by law provide for the formulation and implementation of objective criteria for the purpose of the allocation of resources to, and the garnering of resources by local democratic organs. 78. local government elections parliament may make provision for the election of members of local democratic organs (including the commencement of balloting before the day appointed for holding an election) and for all other matters relating to their membership, powers, duties, functions and responsibilities. 78a. local government commission parliament shall establish a local government commission, the composition and rules of which empower the commission to deal with as it deems fit, all matters related to the regulation and staffing of local government organs and with dispute resolution within and between local government organs. 78b. representativeness and accountability of local democratic organs to the electorate the electoral system in respect of local democratic organs below the regional democratic councils shall provide for the involvement and representation of individuals and voluntary groups in addition to political parties and accountability to the electors. 79-81. [repealed by act no. 14 of 2000] 82-88. [chapter viii repealed by act 14 of 2000] chapter ix. the president 89. establishment of office of president there shall be a president of the co-operative republic of guyana, who shall be head of state, the supreme executive authority, and commander-in-chief of the armed forces of the republic. 90. qualifications for election a person shall be qualified for election as president and shall not be so qualified unless he or sheis a citizen of guyana and is guyanese by birth or parentage as defined in articles 43 and 44; is residing in guyana on the date of nomination for election and was continuously residing therein for a period of seven years immediately before that date; and is otherwise qualified to be elected as a member of the national assembly. a person elected as president after the year 2000 is eligible for re-election only once. a person who acceded to the presidency after the year 2000 and served therein on a single occasion for not less than such period as may be determined by the national assembly is eligible for election as president only once. in determining continuity of residence, absence from guyana toseek medical help; study at a university or an institution of higher learning for not more than four years; work for the government, shall be disregarded. 91. election of president the president shall be elected by the people in the manner prescribed by article 177. 92. tenure of office of president a person assuming the office of president in accordance with the provisions of this constitution shall, unless his or her office sooner becomes vacant under article 178, continue in office until the person elected to the office of president at the next election held under article 91 assumes office. 93. removal of president on grounds of incapacity the president may be removed from office if he or she becomes physically or mentally incapable of discharging the functions of his or her office. the procedure for removing him or her and for ensuring the continued discharge of the functions of his or her office is prescribed by article 179. 94. removal of president for violation of constitution or gross misconduct the president may be removed from office if he or she commits any violation of this constitution or any gross misconduct. the procedure for removing him or her is prescribed by article 180. 95. vacancy in office of president during any period when the office of president is vacant the office shall be assumed bythe prime minister: provided that if the vacancy occurs while the prime minister is absent from guyana or while he or she is by reason of physical or mental infirmity unable to perform the functions of his or her office, the functions of the office of president shall, until the prime minister returns or until he or she is again able to perform the functions of his or her office, as the case may be, be discharged by such other minister, being an elected member of the national assembly, as the cabinet shall elect; or if there is no prime minister, by such minister, being an elected member of the national assembly, as the cabinet shall elect; or if there is no prime minister and no cabinet, by the chancellor. any minister performing the functions of the office of president by virtue of the proviso to paragraph (1)(a) shall cease to perform those functions if he or she is notified by the prime minister that the prime minister is about to assume the office of president. an assumption of the office of president under this article shall terminate, if it has not previously terminated, when a person who has been elected to the office in accordance with the provisions of article 177 assumes the office. 96. discharge of functions of president during absence, illness, etc whenever the president is absent from guyana or considers it desirable so to do by reason of illness or any other cause he or she may, by direction in writing, authorise any member of the cabinet, being an elected member of the national assembly, to perform such of the functions of the office of president as he or she may specify and the person so authorised shall perform those functions until his or her authority is revoked by the president or until the functions are resumed by the president. if the president is incapable by reason of physical or mental infirmity of discharging the functions of his or her office and the infirmity is of such a nature that the president is unable to authorise another person under this article to perform those functionsthe prime minister; or during any period when there is no prime minister or the prime minister is absent from guyana or is, by reason of physical or mental infirmity, unable to perform the functions of his or her office, such other minister, being an elected member of the national assembly, as the cabinet shall elect; or if there is no prime minister and no cabinet, the chancellor, shall perform the functions of the office of president: provided that any person performing the functions of the office of president under this paragraph shall not dissolve parliament nor, save on the advice of the cabinet, revoke any appointment made by the president. any person performing the functions of the office of president by virtue of paragraph (2) shall cease to perform those functions if he or she is notified by the president that the president is about to resume those functions. 97. oath to be taken by president a person elected as president shall assume the office of president upon being elected but shall, before entering upon the duties of the office, take and subscribe the oath of office, such oath being administered by the chancellor or such other judge of the supreme court of judicature as may be designated by the chancellor. the provisions of the foregoing paragraph shall apply to any person assuming the office of president or performing the functions thereof under article 95, 96 or 179, as the case may be, as they apply to a person elected as president. 98. remuneration, etc., of president the remuneration and immunities of the president shall be regulated by articles 181, 182 and 222. chapter x. the executive 99. executive authority of guyana the executive authority of guyana shall be vested in the president and, subject to the provisions of this constitution, may be exercised by him or her either directly or through officers subordinate to him or her. nothing in this article shall prevent parliament from conferring functions on persons or authorities other than the president. 100. establishment of office of prime minister and other ministerial offices subject to the provisions of article 185, there shall be an office of prime minister and such offices of vice-president and other offices of minister of the government of guyana as may be established by parliament or, subject to the provisions of any act of parliament, by the president. 101. the prime minister the president shall appoint an elected member of the national assembly to be prime minister of guyana: provided that a person who is not eligible to be elected as president shall not be eligible for appointment as prime minister. the prime minister shall be the principal assistant of the president in the discharge of his or her executive functions and leader of government business in the national assembly. 102. vice-presidents the president may appoint vice-presidents for the purpose of assisting him or her in the discharge of his or her functions. if he or she is not otherwise the holder of an office of vice-president, the person holding the office of prime minister shall, by virtue of holding that office, be a vice-president, and he or she shall have precedence over any other vice-president. 103. ministers the prime minister and every other vice-president shall be a minister of the government of guyana. subject to the provisions of article 101(1), vice-presidents and other ministers shall be appointed by the president from among persons who are elected members of the national assembly or subject to subparagraph (vii) of paragraph (3)(a) of article 160 are qualified to be elected as such members. not more than four ministers and two parliamentary secretaries shall be appointed by the president from among persons who are qualified to be elected as members of the national assembly. 104. ministerial appointments during dissolution articles 101(1) and 103(2) shall have effect in relation to any period between a dissolution of parliament and the day on which the next election of members of the assembly is held pursuant to the provisions of article 61, as if parliament had not been dissolved. 105. non-elected ministers to sit in assembly a minister who was not an elected member of the assembly at the time of his or her appointment shall (unless he or she becomes such a member) be a member of the assembly by virtue of holding the office of minister but shall not vote in the assembly. 106. the cabinet there shall be a cabinet for guyana, which shall consist of the president, the prime minister, the vice-presidents, and such other ministers as may be appointed to it by the president. the cabinet shall aid and advise the president in the general direction and control of the government of guyana and shall be collectively responsible therefor to parliament. cabinet meetings shall be presided over bythe president; in the absence of the president, the prime minister; or in the absence of the president and the prime minister, such minister as the president may designate. the cabinet may act notwithstanding any vacancy in its membership or the absence of any member thereof. at the invitation of the president or of any person presiding at a meeting of the cabinet, a minister who is not a member of the cabinet may attend that meeting and participate fully in the proceedings as if he or she were a member. the cabinet including the president shall resign if the government is defeated by the vote of a majority of all the elected members of the national assembly on a vote of confidence. notwithstanding its defeat, the government shall remain in office and shall hold an election within three months, or such longer period as the national assembly shall by resolution supported by not less than two-thirds of the votes of all the elected members of the national assembly determine, and shall resign after the president takes the oath of office following the election. 107. allocation of portfolios the president may assign to any minister responsibility for any business of the government of guyana, including the administration of any department of government, and shall be charged with all responsibility not assigned to any minister; in respect of responsibility so charged, the president shall appoint a minister or parliamentary secretary to be answerable to the national assembly therefor on his or her behalf: provided that authority to exercise any power or discharge any duty that is conferred or imposed by any other provision of this constitution or by any other law on any person or authority shall not be conferred under this article. 108. tenure of office of ministers the office of a minister shall become vacant in the circumstances set out in article 183. 109. minister's absence or illness whenever any minister is absent from guyana or is unable by reason of illness to perform his or her functions as minister, the president may authorise some other minister to perform those functions and that minister may perform those functions until they are resumed by the first mentioned minister or are assigned to another minister pursuant to the provisions of article 107. 110. leader of the opposition there shall be an office of leader of the opposition, election to which office shall be in accordance with article 184. qualifications for election to the office of leader of the opposition and other matters connected therewith are regulated by article 184. 111. exercise of president's powers in the exercise of his or her functions under this constitution or any other law, the president shall act in accordance with his or her own deliberate judgment except in cases where, by this constitution or by any other law, he or she is required to act in accordance with the advice or on the recommendation of any person or authority. where by this constitution the president is directed to exercise any function on the advice or recommendation of any person or authority, he or she may, in accordance with his or her own deliberate judgment, once refer any such advice or recommendation back for reconsideration by the person or authority concerned, and if that person or authority, having reconsidered the original advice or recommendation, substitutes therefor a different advice or recommendation, as the case may be, the president shall act in accordance therewith; but save as aforesaid he or she shall act in accordance with the original advice or recommendation. 112. attorney general there shall be an attorney general of guyana who shall be the principal legal adviser to the government of guyana and who shall be appointed by the president. qualifications for appointment to the office of attorney general and other matters connected therewith are regulated by article 185. 113. parliamentary secretaries the president may appoint parliamentary secretaries to assist himself or herself or ministers in the discharge of their functions. qualifications for appointment to the office of parliamentary secretary and other matters connected therewith are regulated by article 186. 114. oaths of ministers, etc every minister and parliamentary secretary shall, before entering upon the duties of his or her office, make and subscribe the oath of office. 115. permanent secretaries where the president or any minister has been charged with responsibility for any department of government, he or she shall exercise general direction and control over that department; and, subject to such direction and control, the department shall be under the supervision of a permanent secretary, whose office shall be a public office: provided that two or more government departments may be placed under the supervision of one permanent secretary. 116. director of public prosecutions there shall be a director of public prosecutions whose office shall be a public office. the functions of the director of public prosecutions are set out in article 187. 117. secretary to the cabinet there shall be a secretary to the cabinet whose office shall be a public office. the secretary to the cabinet, who shall have charge of the cabinet office, shall be responsible in accordance with such instructions as may be given him or her by the president, for arranging the business for, and keeping the minutes of, the cabinet and for conveying the decisions of the cabinet to the appropriate person or authority and shall have such other functions as the president may direct. 118. sub-committees of cabinet cabinet may establish sub-committees of itself for the purpose of attending to any of its responsibilities. cabinet may in particular establish a finance sub-committee of itself to be assisted by experts and advisers, and charge it with responsibility for supervising the financial affairs of the state and for instituting, monitoring and enforcing systems of financial control and discipline throughout the service of both central and local government, including the service of corporations, boards and agencies established by the government. 119. standing committees subject to any provision made by parliament, the president may appoint standing committees consisting of such persons as he or she may deem fit for the purpose of reviewing or examining any aspect of national life and making recommendations or otherwise reporting thereon to the government or to parliament. 119a. parliamentary standing committee for constitutional reform the national assembly shall establish a parliamentary standing committee for constitutional reform for the purpose of continually reviewing the effectiveness of the working of the constitution and making periodic reports thereon to the assembly, with proposals for reform as necessary. to assist it in its work, the committee shall have the power to co-opt experts or enlist the aid of other persons of appropriate expertise, whether or not such experts or other persons are members of the assembly. 119b. parliamentary sectoral committees there shall be parliamentary sectoral committees established by the national assembly with responsibility for the scrutiny of all areas of government policy and administration includingnatural resources; economic services; foreign relations; social services. the chairperson and deputy chairperson of each parliamentary sectoral committee shall be elected from the opposite sides of the national assembly. 119c. standing committee to address matters relating to appointment there shall be a standing committee of the national assembly which shall have responsibility for initiating or otherwise taking such action or addressing such matters as may be entrusted to the committee by the national assembly in respect of functions required to be discharged by the assembly under the constitution in relation to the appointment of a member of a commission established under the constitution. 119d. parliamentary oversight committee on the security sector there shall be a standing committee of the national assembly to be named the parliamentary oversight committee on the security sector and it shall have responsibility for examining the policies and administration of the entities in the security sector, namely, the disciplined forces of guyana. to assist in its work, the committee shall have the power to co-opt experts or enlist the aid of other persons of appropriate expertise, whether or not such experts or persons are members of the national assembly. 120. constitution of offices subject to the provisions of this constitution and of any other law, the president may constitute offices for guyana, make and terminate appointments to such offices, save that where the constitution of, and making of appointments to, such offices involve expenditure chargeable to the consolidated fund, such expenditure shall be subject to the approval of the national assembly. 121. prerogative of mercy the prerogative of mercy shall vest in the president and shall be exercised by him or her in accordance with the provisions of articles 188, 189 and 190. 122. ombudsman there shall be an ombudsman for guyana. all matters relating to the appointment and functions of the ombudsman and other matters connected therewith are regulated by articles 191 to 196 (inclusive). chapter xi. the judicature the supreme court of judicature 122a. independent judiciary all courts and all persons presiding over the courts shall exercise their functions independently of the control and direction of any other person or authority; and shall be free and independent from political, executive and any other form of direction and control. subject to the provisions of articles 199 and 201, all courts shall be administratively autonomous and shall be funded by a direct charge upon the consolidated fund; and such courts shall operate in accordance with the principles of sound financial and administrative management. 123. establishment of supreme court of judicature there shall be for guyana a supreme court of judicature consisting of a court of appeal and a high court, with such jurisdiction and powers as are conferred on those courts respectively by this constitution or any other law. each of those courts shall be a superior court of record and, save as otherwise provided by parliament, shall have all the powers of such a court. parliament may confer on any court any part of the jurisdiction of and any powers conferred on the high court by this constitution or any other law. parliament may make such provision as it deems fit authorising any court of appeal for the caribbean to be the final court of appeal for guyana. where a court referred to in paragraph (4) is established and becomes the final court of appeal for guyana, such court shall remain the final court of appeal for guyana, unless parliament, by a vote of no less than two-thirds of all the elected members of the assembly, makes provision for guyana to withdraw from such court. 124. constitution of court of appeal the judges of the court of appeal shall be the chancellor, who shall be the president of the court of appeal, the chief justice and such number of justices of appeal as may be prescribed by parliament. 125. constitution of high court the judges of the high court shall be the chief justice and such number of puisne judges as may be prescribed by parliament. judges of the supreme court of judicature 126. interpretation except as otherwise expressly provided or required by the context, in this constitution the word "judge" includes the chancellor, the chief justice, a justice of appeal, a puisne judge and a part-time judge. 127. appointment of chancellor and chief justice the chancellor and the chief justice shall each be appointed by the president, acting after obtaining the agreement of the leader of the opposition. if the office of chancellor or chief justice is vacant or if the person holding the office of chancellor is performing the functions of the office of president or is for any other reason unable to perform the functions of his or her office, or if the person holding the office of chief justice is for any reason unable to perform the functions of his or her office, then, until a person has been appointed to and has assumed the functions of such office or until the person holding such office has resumed those functions, as the case may be, those functions shall be performed by such other of the judges as shall be appointed by the president after meaningful consultation with the leader of the opposition. 128. appointment of justices of appeal and puisne judges the judges, other than the chancellor and the chief justice, shall be appointed by the president who shall act in accordance with the advice of the judicial service commission. ifthe office of any such judge is vacant; any such judge is for any reason unable to perform the functions of his or her office; any such judge is acting as chancellor or chief justice or a puisne judge is acting as a justice of appeal; or the chancellor advises the president that the state of business of the court of appeal or the high court so requires, the president shall act in accordance with the advice of the judicial service commission and appoint a person to act in the office of justice of appeal or puisne judge, as the case may require. the appointment of any person under the preceding paragraph to act in the office of a justice of appeal or puisne judge shall continue to have effect until it is revoked by the president, acting in accordance with the advice of the judicial service commission. 128a. appointment of part-time judges part-time judges may be appointed by the president, who shall act in accordance with the advice of the judicial service commission. parliament may by law determine the terms and conditions of appointment of part-time judges. 129. qualifications of judges a person shall not be qualified to be appointed to hold or to act in the office of a judge unlesshe or she is or has been a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from any such court; or he or she is qualified for admission as an attorney-at-law in guyana and has been so qualified for such period as may be prescribed by parliament. parliament may prescribe different periods under subparagraph (b) of the preceding paragraph in relation to the offices of the different judges mentioned in article 126. 130. attendance of additional judge in court of appeal and high court parliament may make provision for the exercise ofthe jurisdiction and powers of a justice of appeal by such puisne judge as may be requested by the chancellor to sit as an additional justice of appeal at sittings of the court of appeal; and the jurisdiction and powers of a puisne judge by such justice of appeal as may be requested by the chancellor to sit as an additional puisne judge. article 132 shall not apply to a justice of appeal or a puisne judge in the carrying out by him or her of any function pursuant to paragraph (1). 131. tenure of office of judges judges shall have full security of office as provided for in article 197. 132. oaths of judges a judge shall not enter upon the duties of his or her office unless he or she has taken and subscribed the oath of office. appeals 133. appeals on constitutional questions and fundamental rights an appeal to the court of appeal shall lie as of right from decisions of the high court in the following cases, that is to sayfinal decisions in any civil or criminal proceedings on questions as to the interpretation of this constitution; and final decisions given in exercise of the jurisdiction conferred on the high court by article 153 (which relates to the enforcement of fundamental rights and freedoms). nothing in paragraph (1) shall apply to the matters for which provision is made by article 163. chapter xii. the service commissions 134. the judicial service commission there shall be a judicial service commission for guyana. the composition and functions of the judicial service commission are set out in articles 198 and 199. 135. the public service commission there shall be a public service commission for guyana. the composition and functions of the public service commission are set out in articles 200 to 205 (inclusive). 136. the teaching service commission there shall be a teaching service commission for guyana. the composition and functions of the teaching service commission are set out in articles 207, 208 and 209. 137. the police service commission there shall be a police service commission for guyana. the composition and functions of the police service commission are set out in articles 210, 211 and 212. part 2. specific rules title 1. protection of fundamental rights and freedoms of the individual 138. protection of right to life no person shall be deprived of his or her life intentionally save in execution of the sentence of a court in respect of an offence under the law of guyana of which he or she has been convicted. no person who was under the age of eighteen years at the time when he or she committed an offence, for which that person has pleaded or was found guilty, shall be subject to capital punishment for the commission of that offence. without prejudice to any liability for a contravention of any other law with respect to the use of force in such cases as are hereinafter mentioned, a person shall not be regarded as having been deprived of his or her life in contravention of this article if he or she dies as the result of the use of force to such extent as is reasonably justifiable in the circumstances of the casefor the defence of any person from violence or for the defence of property; in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; for the purpose of suppressing a riot, insurrection or mutiny; or in order to prevent the commission by that person of a criminal offence, or if he or she dies as the result of a lawful act of war. 139. protection of right to personal liberty no person shall be deprived of his or her personal liberty save as may be authorised by law in any of the following cases, that is to sayin execution of the sentence or order of a court, whether established for guyana or some other country, in respect of a criminal offence of which he or she has been convicted; in execution of an order of the high court or the court of appeal or such other court as may be prescribed by parliament punishing him or her for contempt of any such court or of another court or tribunal; in execution of the order of a court made to secure the fulfilment of an obligation imposed on him or her by law; for the purpose of bringing him or her before a court in execution of the order of a court; upon reasonable suspicion of his or her having committed, or being about to commit, a criminal offence under the law of guyana; in the case of a person who has not attained the age of eighteen years, under the order of a court or with the consent of his or her parent or guardian, for the purpose of his or her education or welfare; for the purpose of preventing the spread of an infectious or contagious disease; in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his or her care or treatment or the protection of the community; for the purpose of preventing the unlawful entry of that person into guyana, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from guyana or for the purpose of restricting that person while he or she is being conveyed through guyana in the course of his or her extradition or removal as a convicted prisoner from one country to another; to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within guyana or prohibiting him or her from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person with a view to the making of any such order or relating to such an order after it has been made or to such extent as may be reasonably justifiable for restraining that person during any visit that he or she is permitted to make to any part of guyana in which, in consequence of any such order, his or her presence would otherwise be unlawful; subject to the provisions of the next following paragraph, for the purposes of his or her preventive detention; for the purpose of his or her being called up for national service. 2 no law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless a tribunal established for the purposes of this paragraph has reported before the expiration of the said period of three months that there is, in its opinion, sufficient cause for such detention. the references in subparagraph (a) to a period of three months include references to any lesser periods that amount in the aggregate to three months: provided that no two such lesser periods shall be aggregated for this purpose if the period between the expiration of the first and the commencement of the second is more than one month. a person who has been detained by virtue of the provisions of any law providing for preventive detention and who has been released from detention in consequence of a report of a tribunal established for the purposes of this paragraph that there is, in its opinion, insufficient cause for his or her detention shall not be again detained by virtue of such provisions within the period of six months from his or her release on the same grounds as he or she was originally detained. for the purposes of subparagraph (c) a person shall be deemed to have been detained on the same grounds as he or she was originally detained unless a tribunal established as aforesaid has reported that, in its opinion, there appear, prima facie, to be new and reasonable grounds for the detention (but the giving of any such report shall be without prejudice to the provisions of subparagraph (a)). a tribunal established for the purposes of this paragraph shall be established by law and shall consist of persons who are judges of the supreme court of judicature or who are qualified to be appointed as puisne judges of the high court. any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he or she understands, of the reasons for his or her arrest or detention and shall be permitted, at his or her own expense, to retain and instruct without delay a legal adviser of his or her own choice, being a person entitled to practise in guyana as an attorney-at-law, and to hold communication with him or her. any person who is arrested or detainedfor the purpose of bringing him or her before a court in execution of the order of a court; or upon reasonable suspicion of his or her having committed or being about to commit a criminal offence, and who is not released, shall be brought before a court within seventy-two hours of arrest or detention, but the police may apply to the high court for extensions of time; and if any person arrested or detained upon reasonable suspicion of his or her having committed or being about to commit a criminal offence is not tried within a reasonable time, then, without prejudice to any further proceedings which may be brought against him or her, he or she shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he or she appears at a later date for trial or for proceedings preliminary to trial. any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person. nothing in the provisions of paragraphs (3) and (4) shall apply to any person arrested or detained by virtue of the provisions of any law providing for preventive detention except in so far as the provisions of the said paragraph (3) require that he or she or she shall be permitted to retain and instruct a legal adviser and to hold communication with him or her. 140. protection from slavery and forced labour no person shall be held in slavery or servitude. no person shall be required to perform forced labour. for the purposes of this article, the expression "forced labour" does not includeany labour required in consequence of the sentence or order of a court; any labour required of any person while he or she is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he or she is detained; any labour required of a member of a disciplined force in pursuance of his or her duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service; or any labour required during any period when guyana is at war or in the event of any hurricane, earthquake, flood, fire or other like calamity that threatens the life or well-being of the community to the extent that the requiring of such labour is reasonably justifiable, in the circumstances of any situation arising or existing during that period or as a result of that calamity, for the purpose of dealing with that situation. 141. protection from inhuman treatment no person shall be subjected to torture or to inhuman or degrading punishment or other treatment. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question authorises the infliction of any punishment or the administration of any treatment that was lawful in guyana immediately before the commencement of this constitution. 142. protection from deprivation of property no property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except by or under the authority of a written law and where provision applying to that taking of possession or acquisition is made by a written law requiring the prompt payment of adequate compensation. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of the preceding paragraphto the extent that the law in question makes provision for the taking of possession or acquisition of any propertyin satisfaction of any tax, duty, rate, cess or other impost; by way of penalty for breach of the law, whether under civil process or after conviction of a criminal offence under the law of guyana; as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge, contract, grant, permission or licence; in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations; in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or injurious to the health of human beings, animals or plants; in consequence of any law with respect to the limitation of actions; for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, for the purposes of the carrying out thereon of work of soil conservation or the conservation of other natural resources or work relating to agricultural development or improvement; which is not beneficially occupied or which, if it is beneficially occupied, is not so occupied by the holder of the title to the land or by any member of his or her family; or in consequence of any law requiring an employer to remunerate his or her employee during any period of compulsory national service which the employee has undertaken; or to the extent that the law in question makes provision for the taking of possession or acquisition ofproperty of the amerindians of guyana for the purpose of its care, protection and management or any right, title or interest held by any person in or over any lands situate in an amerindian district, area or village established under the amerindian act for the purpose of effecting the termination or transfer thereof for the benefit of an amerindian community; enemy property; property of a deceased person, a person of unsound mind or a person who has not attained the age of eighteen years, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein; property of a person adjudged insolvent or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the insolvent person or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust; or property to be used by the state for the purpose of providing, maintaining and managing any place of education, where the property was being used as a place of education at any time during 1976 and prior to the coming into operation of the law in question. nothing in this article shall be construed as affecting the making or operation of any lawso far as it provides for the orderly marketing or production or growth or extraction of any agricultural product or mineral or any article or thing prepared for market or manufactured therefor or for the reasonable restriction of the use of any property in the interest of safeguarding the interests of others or the protection of tenants, licensees or others having rights in or over such property; so far as it provides for the making of contributions compulsorily by workers to any industrial scheme or workers' organisation intended to work or provide for the benefit or welfare of such workers or of their fellow workers or of any relatives and dependants of any of them; so far as it provides for the regulation of wages, that is, any money or other thing had or contracted to be paid, delivered or given as recompense, reward or remuneration for any work, labour or service done or to be done, whether such provision is made prospectively or retrospectively, including retrospectively with effect from a day earlier than the day fixed for the coming into operation of this constitution; or for the compulsory taking of possession in the public interest of any property, or the compulsory acquisition in the public interest of any interest in or right over property, where that property, interest or right is held by a body corporate established directly by law for public purposes in which moneys provided by parliament or by any legislature previously established for the territory of guyana have been invested. in paragraph (3)(iia)"regulation" includes fixation, stabilisation, freezing or reduction; "wages" includes merit increment or other increment in wages. 143. protection against arbitrary search or entry except with his or her own consent, no person shall be subjected to the search of his or her person or his or her property or the entry by others on his or her premises. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provisionthat is reasonably required in the interests of defence, public safety, public order, public morality, public health, town or country planning, the development or utilisation of mineral resources, or the development or utilisation of any other property in such manner as to promote the public benefit; that is reasonably required for the purpose of protecting the rights or freedoms of other persons; that authorises an officer or agent of the government of guyana, or of a local democratic organ or of a body corporate established directly by law for public purposes to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, duty, rate, cess or other impost or in order to carry out work connected with any property that is lawfully on those premises and that belongs to that government, local democratic organ or body corporate, as the case may be, or for the purpose of obtaining or verifying information required for compiling national statistics or required for the purposes of planning, management and development of the national economy; or that authorises, for the purpose of enforcing the judgment or order of a court in any proceedings, the entry upon any premises by order of a court. 144. provisions to secure protection of law if any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law. it shall be the duty of a court to ascertain the truth in every case provided that every person who is charged with a criminal offenceshall be presumed to be innocent until he or she is proved or has pleaded guilty; shall be informed as soon as reasonably practicable, in a language that he or she understands and in detail, of the nature of the offence charged; shall be given adequate time and facilities for the preparation of his or her defence; shall be permitted to defend himself or herself before the court in person or by a legal representative of his or her own choice; shall be afforded facilities to examine in person or by his or her legal representative the witnesses called by the prosecution before the court and to obtain the attendance and carry out the examination of witnesses to testify on his or her behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and shall be permitted to have without payment the assistance of an interpreter if he or she cannot understand the language used at the trial of the charge, and, except with his or her consent, the trial shall not take place in his or her absence unless he or she so conducts himself or herself as to render the continuance of the proceedings in his or her presence impracticable and the court has ordered him or her to be removed and the trial to proceed in his or her absence or he or she fails without reasonable excuse (the proof whereof shall lie on him or her) to attend court. when a person is tried for any criminal offence, the accused person or any person authorised by him or her in that behalf shall, if he or she so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court. no person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence that is more severe in degree or nature than the most severe penalty that might have been imposed for that offence at the time when it was committed. no person who shows that he or she has been tried by a competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he or she could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal proceedings relating to the conviction or acquittal. no person shall be tried for a criminal offence if he or she shows that he or she has been granted a pardon for that offence. no person who is tried for a criminal offence shall be compelled to give evidence at the trial. any court or other tribunal prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other tribunal, the case shall be given a fair hearing within a reasonable time. except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other tribunal, including the announcement of the decision of the court or other tribunal, shall be held in public. nothing in the preceding paragraph shall prevent the court or other tribunal from excluding from the proceedings persons other than the parties thereto and their legal representatives to such extent as the court or other tribunalmay by law be empowered so to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory proceedings or in the interests of decency, public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings; or may by law be empowered or required so to do in the interests of defence, public safety or public order. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention ofparagraph (2)(a) to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts; paragraph (2)(e) to the extent that the law in question imposes conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or paragraph (5) to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him or her shall, in sentencing him or her to any punishment, take into account any punishment awarded him or her under that disciplinary law. in the case of any person who is held in lawful detention, the provisions of paragraph (1), paragraph (2)(d) and (e) and paragraph (3) shall not apply in relation to his or her trial for a criminal offence under the law regulating the discipline of persons held in such detention. nothing contained in paragraph (2)(d) shall be construed as entitling a person to legal representation at public expense but, subject thereto, it shall be the duty of the state to ensure that every person charged with a criminal offence is given a fair trial and accordingly to make provision for legal aid to be given in suitable cases. in this article "criminal offence" means a criminal offence under the law of guyana. 145. protection of freedom of conscience except with his or her own consent, no person shall be hindered in the enjoyment of his or her freedom of conscience, and for the purposes of this article the said freedom includes freedom of thought and of religion, freedom to change his or her religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his or her religion or belief in worship, teaching, practice and observance. no religious community shall be prevented from providing religious instruction for persons of that community. except with his or her own consent (or, if he or she is a person who has not attained the age of eighteen years, the consent of his or her guardian), no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion which is not his or her own. no person shall be compelled to take any oath which is contrary to his or her religion or belief or to take any oath in a manner which is contrary to his or her religion or belief. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provisionwhich is reasonably requiredin the interests of defence, public safety, public order, public morality or public health; or for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion without the unsolicited intervention of members of any other religion; or with respect to standards or qualifications to be required in relation to places of education including any instruction (not being religious instruction) given at such places. references in this article to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly. 146. protection of freedom of expression except with his or her own consent, no person shall be hindered in the enjoyment of his or her freedom of expression, that is to say, freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference and freedom from interference with his or her correspondence. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provisionthat is reasonably required in the interests of defence, public safety, public order, public morality or public health; that is reasonably required for the purpose of protecting the reputations, rights, and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless broadcasting or television, or ensuring fairness and balance in the dissemination of information to the public; or that imposes restrictions upon public officers or officers of any corporate body established on behalf of the public or owned by or on behalf of the government of guyana. that imposes restrictions upon any person, institution, body, authority or political party from taking any action or advancing, disseminating or supporting any idea, which may result in racial or ethnic divisions among the people of guyana. freedom of expression in this article does not relate to hate speeches or other expressions, in whatever form, capable of exciting hostility or ill-will against any person or class of persons. 147. protection of freedom of assembly, association and demonstration except with his or her own consent, no person shall be hindered in the enjoyment of his or her freedom of assembly, association and freedom to demonstrate peacefully, that is to say, his or her right to assemble freely, to demonstrate peacefully and to associate with other persons and in particular to form or belong to political parties, trade unions or other associations for the protection of his or her interests. except with his or her own consent no person shall be hindered in the enjoyment of his or her freedom to strike. neither an employer nor a trade union shall be deprived of the right to enter into collective nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provisionthat is reasonably required in the interests of defence, public safety, public order, public morality or public health; that is reasonably required for the purpose of protecting the rights or freedoms of other persons; that imposes restrictions upon public officers; or that imposes an obligation on workers to become contributors to any industrial scheme or workers' organisation intended to operate or provide for the benefit or welfare of such workers or of their fellow workers or of any relative and dependant of any of them. 148. protection of freedom of movement no person shall be deprived of his or her freedom of movement, that is to say, the right to move freely throughout guyana, the right to reside in any part of guyana, the right to enter guyana, the right to leave guyana and immunity from expulsion from guyana. any restriction on a person's freedom of movement that is involved in his or her lawful detention shall not be held to be inconsistent with or in contravention of this article. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provisionfor the imposition of restrictions on the movement or residence within guyana of any person or on any person's right to leave guyana that are reasonably required in the interests of defence, public safety or public order or for the purpose of preventing the subversion of democratic institutions in guyana; for the imposition of restrictions on the movement or residence within guyana or on the right to leave guyana of persons generally or any class of persons that are reasonably required in the interests of defence, public safety, public order, public morality or public health or for the purpose of preventing the subversion of democratic institutions in guyana; for the imposition of restrictions on the acquisition or use of land or other property in guyana; for the imposition of restrictions, by order of a court, on the movement or residence within guyana of any person or on any person's right to leave guyana either in consequence of his or her having been found guilty of a criminal offence under the law of guyana or for the purpose of ensuring that he or she appears before a court at a later date for trial for such a criminal offence or for proceedings preliminary to trial or for proceedings relating to his or her extradition or lawful removal from guyana; for the imposition of restrictions on the freedom of movement of persons who are not citizens of guyana; for the imposition of restrictions upon the movement or residence within guyana or on the right to leave guyana of public officers; for the removal of persons from guyanato be tried or punished in some other country for a criminal offence under the law of that country; or to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offence under the law of guyana of which he or she has been convicted; or to be detained in an institution in some other country for the purpose of giving effect to the order of a court made in pursuance of a law of guyana relating to the treatment of offenders under a specified age; or to be detained for care or treatment in a hospital or other institution in pursuance of a law of guyana relating to persons suffering from defect or disease of the mind; or for the imposition of restrictions on the right of any person to leave guyana that are reasonably required in order to secure the fulfilment of any obligations imposed on that person by law. the provisions of article 151 shall apply in relation to a person whose freedom of movement is restricted by virtue of such a provision as is referred to in paragraph (3)(a) as they apply in relation to a person whose freedom of movement is restricted by virtue of such a provision as is referred to in article 150(2). 149. protection from discrimination on the grounds of race, etc subject to the provisions of this articleno law shall make any provision that is discriminatory either of itself or in its effect; and no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority. in this article the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their or their parents' or guardians' respective descriptions by race, place of ori6gin, political opinions, colour, creed, age, disability, marital status, sex, gender, language, birth, social class, pregnancy, religion, conscience, belief or culture whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not afforded to persons of another such description. paragraph (1)(a) shall not apply to any law so far as that law makes provisionwith respect to persons who are not citizens of guyana; with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law; or whereby persons of any such description as is mentioned in the preceding paragraph may be subjected to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable. nothing contained in any law shall be held to be inconsistent with or in contravention of paragraph (1)(a) to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to a person's or his or her parents' or guardians' respective description by race, place of origin, political opinions, colour, creed, age, disability, marital status, sex, gender, language, birth, social class, pregnancy, religion, conscience, belief or culture) to be required of any person who is appointed to any office in the public service, any office in a disciplined force, or any office in the service or of a local democratic organ or of a body corporate established by any law for public purposes. paragraph (1)(b) shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in either of the two preceding paragraphs. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provisionwhereby persons of any such description as is mentioned in paragraph (2) may be subjected to any restriction on the rights and freedoms guaranteed by articles 143, 145, 146, 147 and 148, being such a restriction as is authorised by article 143(2), article 145(5), article 146(2), article 147(2), or article 148(3), other than subparagraph (c) thereof, as the case may be; for the appropriation of revenue or other funds of guyana; or for the protection, well-being or advancement of the amerindians of guyana. paragraph (1)(b) shall not affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this constitution or any other law. 149a. right to work no person shall be hindered in the enjoyment of his or her right to work, that is to say, the right to free choice of employment. 149b. right to pension and gratuity every public sector worker shall enjoy an absolute and enforceable right to any pension or gratuity granted to him or her under the provision of any law or collective agreement of any kind whatsoever. 149c. right to participate in decision-making processes of the state no person shall be hindered in the enjoyment of participating through co-operatives, trade unions, civic or socio-economic organisations of a national character, in the management and decision-making processes of the state. 149d. equality of persons before the law the state shall not deny to any person equality before the law or equal protection and benefit of the law. the state shall, for the purpose of promoting equality, take legislative and other measures designed to protect disadvantaged persons and persons with disabilities. equality includes the full and equal enjoyment of all rights and freedoms guaranteed by or under this constitution or any other law. 149e. equality of status all persons, whether born in or out of wedlock, and whether born prior to the enactment of this article or not, are born equal, have equal status and are entitled to equal rights. nothing contained in paragraph (1) shall be taken to affect vested rights. 149f. equality for women every woman is entitled to equal rights and status with men in all spheres of political, economic and social life. all forms of discrimination against women on the basis of gender or sex are illegal. every woman is entitled to equal access with men to academic, vocational and professional training, equal opportunities in employment, remuneration and promotion and in social, political and cultural activity. 149g. indigenous peoples' right indigenous peoples shall have the right to the protection, preservation and promulgation of their languages, cultural heritage and way of life. 149h. right to free education every child is entitled to free primary and secondary education in schools owned or funded by the state. the right conferred in paragraph (1) does not imply a right to free education at a specific school. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of paragraph (1) to the extent that the law in question makes provision for standards or qualifications, not being standards or qualifications which are discriminatory within the meaning of article 149(2), to be required for admission to a specific school. 149i. right to establish private schools no person shall be hindered in the enjoyment of the right to establish a private school which shall be under regulation by the state. 149j. the environment everyone has the right to an environment that is not harmful to his or her health or well-being. the state shall protect the environment, for the benefit of present and future generations, through reasonable legislative and other measures designed toprevent pollution and ecological degradation; promote conservation; and secure sustainable development and use of natural resources while promoting justifiable economic and social development. it shall not be an infringement of a person's rights under paragraph (1) if, by reason only of an allergic condition or other peculiarity, the environment is harmful to that person's health or well-being. 150. provisions for time of war or emergency this article applies to any period whenguyana is at war; or there is in force a proclamation (in this article referred to as a "proclamation of emergency") made by the president declaring that a state of public emergency exists for the purposes of this article; or there is in force a resolution of the national assembly, in favour of which there were cast the votes of not fewer than two-thirds of all the elected members, declaring that democratic institutions in guyana are threatened by subversion. nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of article 139, 140(2) or 143, any provision of article 144 other than paragraph (4) thereof, or any provision of articles 145 to 149 (inclusive) to the extent that the law in question makes in relation to any period to which this article applies provision, or authorises the doing during any such period of anything, which is reasonably justifiable in the circumstances of any situation arising or existing during that period for the purpose of dealing with that situation. 3 where any proclamation of emergency has been made, copies thereof shall as soon as practicable be laid before the national assembly, and if, by reason of its adjournment or the prorogation of parliament, the assembly is not due to meet within five days the president shall, by proclamation, summon the assembly to meet within five days, and the assembly shall accordingly meet and sit upon the day appointed by the proclamation and shall continue to sit and act as if it had stood adjourned or parliament had stood prorogued to that day. a proclamation of emergency shall, unless it is sooner revoked by the president, cease to be in force at the expiration of a period of fourteen days beginning on the date on which it was made or such longer period as may be provided under the next following subparagraph, but without prejudice to the making of another proclamation of emergency at or before the end of that period. if at any time while a proclamation of emergency is in force (including any time while it is in force by virtue of the provisions of this subparagraph) a resolution is passed by the assembly approving its continuance in force for a further period, not exceeding six months, beginning on the date on which it would otherwise expire, the proclamation shall, if not sooner revoked, continue in force for that further period. a resolution such as is referred to in paragraph (1)(c) shall, unless it is sooner revoked by a resolution of the assembly, cease to be in force at the expiration of two years beginning on the date on which it was passed or such shorter period as may be specified therein, but without prejudice to the passing of another resolution by the assembly in the manner prescribed by that paragraph at or before the end of that period. 151. reference to tribunal in certain cases where any person is lawfully detained by virtue of such a provision as is referred to in article 150(2), or the movement or residence within guyana of any person or any person's right to leave guyana is (otherwise than by order of a court) lawfully restricted by virtue of such a provision as aforesaid, his or her case shall be reviewed by a tribunal established for the purposes of this article not later than three months from the commencement of the detention or restriction and thereafter not later than six months from the date on which his or her case was last reviewed as aforesaid. on any review by a tribunal in pursuance of the preceding paragraph of the case of any person the tribunal may make recommendations concerning the necessity or expedience of continuing the detention or restriction to the authority by whom it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendation. a tribunal established for the purpose of this article shall be so established by law and constituted in such manner as to secure its independence and impartiality and presided over by a person appointed by the chancellor from among persons entitled to practise in guyana as attorneys-at-law. 152. saving of existing laws and disciplinary laws except in proceedings commenced before the expiration of a period of six months from the commencement of this constitution, with respect to a law made under the guyana independence order 1966 and the constitution annexed thereto, nothing contained in or done under the authority of any written law shall be held to be inconsistent with or in contravention of any provision of articles 138 to 149 (inclusive) to the extent that the law in questionis a law (in this article referred to as "an existing law") that had effect as part of the law of guyana immediately before the commencement of this constitution, and has continued to have effect as part of the law of guyana at all times since that day; repeals and re-enacts an existing law without alteration; or alters an existing law and does not thereby render that law inconsistent with any provision of the said articles 138 to 149 in a manner in which, or to an extent to which, it was not previously so inconsistent. in subparagraph (c) of the preceding paragraph the reference to altering an existing law includes references to repealing it and re-enacting it with modifications or making different provisions in lieu thereof, and to modifying it; and in the preceding paragraph "written law" includes any instrument having the force of law and in this and the preceding paragraph references to the repeal and re-enactment of an existing law shall be construed accordingly. in relation to any person who is a member of a disciplined force raised under a law in force in guyana, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this title, other than articles 138, 140 and 141. in relation to any person who is a member of a disciplined force raised otherwise than as aforesaid and lawfully present in guyana, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this title. 153. enforcement of protective provisions subject to the provisions of paragraph (6), if any person, including a person acting on behalf of another who is not acting in his or her own name, or a person acting on behalf of a group or an association acting on behalf of its members, alleges that any of the provisions of articles 138 to 151 (inclusive) has been, is being or is likely to be contravened in relation to him or her (or in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person) then, without prejudice to any other action with respect to the same matter which is lawfully available, that person or association (or that other person) may apply to the high court for redress. the high court shall have original jurisdictionto hear and determine any application made by any person in pursuance of the preceding paragraph; to determine any question arising in the case of any person which is referred to it in pursuance of the next following paragraph, and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of articles 138 to 151 (inclusive). if in any proceedings in any court subordinate to the high court any question arises as to the contravention of any of the provisions of articles 138 to 151 (inclusive), the person presiding in that court shall refer the question to the high court unless, in his or her opinion, the raising of the question is merely frivolous or vexatious. where any question is referred to the high court in pursuance of paragraph (3), the high court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or if that decision is the subject of an appeal under this constitution to the court of appeal, in accordance with the decision of the court of appeal. parliament may confer upon the high court such powers in addition to those conferred by this article as may appear to parliament to be necessary or desirable for the purpose of enabling the high court more effectively to exercise the jurisdiction conferred upon it by this article. parliament may make provision with respect to the practice and procedureof the high court in relation to the jurisdiction and powers conferred upon it by or under this article; of the high court and the court of appeal in relation to appeals to the court of appeal from decisions of the high court in the exercise of such jurisdiction; of subordinate courts in relation to references to the high court under paragraph (3), including provision with respect to the time within which any application, reference or appeal shall or may be made or brought; and, subject to any provision so made, provision may be made with respect to the matters aforesaid by rules of court. 154. interpretation in this title, unless the context otherwise requires"contravention", in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly; "court" means any court of law having jurisdiction in guyana other than a court established by a disciplinary law and, in articles 138 and 140, a court established by a disciplinary law; "disciplinary law" means a law regulating the discipline of any disciplined force; "disciplined force" meansany group of persons functioning whether wholly or partially as a naval, military, para-military or air force; a police force; a prison service; or a fire service; "legal representative", in relation to any court or other tribunal, means a person entitled to practise as an attorney-at-law before such court or tribunal; "member", in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline; and "national service" means service in any disciplined force a principal purpose of which is the training of people with a view to advancing the economic development of guyana. title 1a. protection of human rights 154a. human rights of the individual subject to paragraphs (3) and (6), every person, as contemplated by the respective international treaties set out in the fourth schedule to which guyana has acceded is entitled to the human rights enshrined in the said international treaties, and such rights shall be respected and upheld by the executive, legislature, judiciary and all organs and agencies of government and, where applicable to them, by all natural and legal persons and shall be enforceable in the manner hereinafter prescribed. the rights referred to in paragraph (1) do not include any fundamental right under this constitution. the state shall, having regard to the socio-cultural level of development of the society, take reasonable legislative and other measures within its available resources to achieve the progressive realisation of the rights provided for in paragraph (1). if any person alleges that any of the rights referred to in paragraph (1), has been, is being or is about to be contravened in relation to him or her, then, without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the human rights commission in such manner as the commission may prescribe, for redress. nothing contained in this article shall be construed so as to abrogate any human right, not enumerated herein, which a person had at the time of the commencement of this article. the state may divest itself or otherwise limit the extent of its obligation under any of the treaties listed in the fourth schedule, provided that two-thirds of the elected members of the national assembly have voted in favour of such divestment or limitation. title 2. parliament 155. disqualifications for election as members no person shall be qualified for election as a member of the national assembly whois, by virtue of his or her own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state; is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in guyana; is under sentence of death imposed on him or her by a court, or is serving a sentence of imprisonment (by whatever name called) exceeding six months imposed on him or her by a court or substituted by competent authority for some other sentence imposed on him or her by a court, or is under such a sentence of imprisonment the execution of which has been suspended; or holds or is acting in the office of any judge of the supreme court of judicature, a member of the public service appellate tribunal, the elections commission, the judicial service commission, the public service commission, the teaching service commission or the police service commission, the director of public prosecutions, the ombudsman or the auditor general. [repealed by act no. 14 of 2000] [repealed by act no. 14 of 2000] [repealed by act no. 14 of 2000] [repealed by act no. 14 of 2000] without prejudice to the provisions of paragraph (1), parliament may provide that a person shall not be qualified for election as a member of the national assembly in any of the following cases, that is to sayif he or she holds or is acting in any office that is specified by parliament and the functions of which involve responsibility for, or in connection with, the conduct of an election or the compilation or revision of any register of electors for the purposes of an election; subject to any exceptions and limitations prescribed by parliament, if he or she has any such interest in any such government contract, as may be so prescribed; subject as aforesaid, ifhe or she holds or is acting in or performing the functions of any office or appointment prescribed by parliament either individually or by reference to a class of office or appointment; he or she belongs to any armed force of guyana or to any class of persons that is comprised in any such force; or he or she belongs to any police force of guyana or to any class of persons that is comprised in any such force; if, during such period (not exceeding five years) preceding the election day as may be prescribed by parliament, he or shehas been convicted by a court of an offence relating to excitement of hostility or ill-will against any person or class of persons on the grounds of his or her or their race; or has been convicted by a court of any offence connected with an election that is so prescribed or has been reported guilty of such an offence by the high court in proceedings under article 163: provided that parliament may empower the court to exempt a person from disqualification for election on account of such a conviction or report if the court deems it just so to do. for the purposes of paragraph (1)(c)two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds six months, but if any one of those sentences exceeds that term they shall be regarded as one sentence; and no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine. in paragraph (6)(b) "government contract" means any contract made with the government of guyana or with a department of that government or with an officer of that government contracting as such. 156. tenure of seats of members of the national assembly a member of the national assembly shall vacate his or her seat thereinif he or she resigns it by writing under his or her hand addressed to the speaker or, if the office of speaker is vacant or the speaker is absent from guyana, to the deputy speaker: provided that, if the president certifies that the member had resigned for the purpose of giving further service to the public, the member, if otherwise qualified, shall be eligible to be re-elected to the assembly in accordance with any provision made under article 63; if he or she is absent from the sittings of the assembly for such period, and in such circumstances, as may be prescribed in the rules of procedure of the assembly; if he or she ceases to be a citizen of guyana; subject to the next following paragraph, if any circumstances arise that, if he or she were not a member of the assembly, would cause him or her to be disqualified for election as a member thereof by virtue of the preceding article or of any law enacted in pursuance thereof; in the circumstances and to the extent set out in article 178 (4); in the case of a member who has been elected pursuant to the provisions of article 61 or article 160 (2), whenever parliament is dissolved; [repealed by act no. 14 of 2000] [repealed by act no. 14 of 2000] 2 if circumstances such as are referred to in subparagraph (d) of the preceding paragraph arise in relation to a member of the assembly by virtue of the fact that he is adjudged to be of unsound mind, sentenced to death or imprisonment, or convicted or reported guilty of an offence and if it is open to the member to appeal against the decision (either with the leave of a court or other authority or without such leave), he or she shall forthwith cease to perform his or her functions as a member of the assembly but, subject to the next following subparagraph, he or she shall not vacate his or her seat until the expiration of a period of thirty days thereafter: provided that the speaker may, at the request of the member, from time to time extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval of the assembly signified by resolution. if, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the member of the assembly, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave or for any other reason, it ceases to be open to the member to appeal, he or she shall forthwith vacate his or her seat. if at any time before the member of the assembly vacates his or her seat such circumstances as aforesaid cease to exist, his or her seat shall not become vacant by reason of those circumstances, and he or she may resume the performance of his or her functions as a member of the assembly. a member of the national assembly elected on a list shall cease to be a member of the assembly, ifhe or she declares in writing to the speaker or to the representative of the list from which his or her name was extracted that he or she will not support the list from which his or her name was extracted; he or she declares in writing to the speaker or to the representative of the list from which his or her name was extracted, his or her support for another list; the representative of the list from which his or her name was extracted indicates in writing to the speaker that after meaningful consultation with the party or parties that make up the list that the party or parties have lost confidence in that member and the representative of the list issues a written notice of recall to that member and forwards a copy of that notice to the speaker. the speaker shall declare the seat of a member of the national assembly vacant wherethe speaker receives a written declaration of the member of the national assembly as provided for in paragraph 3(a) or (b); the representative of the list issues a notice of recall as provided for in paragraph 3(c). 157. speaker and deputy speaker a person shall vacate the office of speaker or deputy speaker whenever the assembly first meets after a dissolution of parliament and alsoin the case of a speaker elected from among the members of the assembly or in the case of the deputy speakerif he or she ceases to be a member of the assembly for any cause other than a dissolution of parliament: provided that where a person, who holds the office of speaker, ceases to be a member of the national assembly by virtue of the holding of an election referred to in article 156(1)(f), he shall not by reason thereof vacate the office of speaker if at such election he or she is re-elected as a member of the assembly; if, by virtue of paragraph (2)(a) of the preceding article he or she is required to cease to perform his or her functions as a member of the assembly; or if he or she is appointed to be a minister or a parliamentary secretary; in the case of a speaker elected from among persons who are not members of the assembly if he or she ceases to be a citizen of guyana or if any circumstances arise that would cause him or her to be disqualified for election as a member of the assembly by virtue of article 155 or of any law enacted in pursuance thereof; if he or she announces the resignation of his or her office to the assembly or if by writing under his or her hand addressed, in the case of the speaker, to the clerk of the assembly or in the case of the deputy speaker, to the speaker (or, if the office of speaker is vacant or the speaker is absent from guyana, to the clerk) he or she resigns that office; or in the case of the deputy speaker, if he or she is elected to be speaker. 158. clerk and deputy clerk subject to the provisions of the next following paragraph, the clerk of the national assembly shall vacate his or her office when he or she attains the age of sixty-five years or such later age as may, in any particular case, be prescribed by the commission appointed under paragraph (4). the clerk shall be removed from office by the president if, but shall not be so removed unless, the national assembly, by a resolution which has received the affirmative votes of a majority of all the elected members thereof, has resolved that he or she ought to be so removed for inability to discharge the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour. the provisions of paragraphs (1) and (2) shall apply to the deputy clerk as they apply to the clerk. subject to the provisions of article 222 the terms of service (including salary and allowances) of the clerk and deputy clerk shall be determined from time to time by a commission consisting of the speaker, as chairman, the minister responsible for finance or a person nominated by that minister to represent him or her at any meeting of the commission and one other minister designated from time to time by the prime minister. a person who is a public officer may, without ceasing to hold office in the public service, be appointed in accordance with the provisions of this article to the office of clerk or deputy clerk, butno such appointment shall be made without the concurrence of the appropriate service authority; the provisions of paragraphs (1), (2) and (3) shall, in relation to an officer so appointed, apply, subject to the provisions of subparagraph (d) as respects his or her service as clerk or deputy clerk but not as respects his or her service as a public officer; an officer so appointed shall not, during his or her continuance in the office of clerk or deputy clerk, perform the functions of any public office; and an officer so appointed may at any time be appointed by the appropriate service authority to assume or resume the functions of a public office and he or she shall thereupon vacate his or her office as clerk or deputy clerk, but no appointment under this subparagraph shall be made without the concurrence of the speaker. in the preceding paragraph "the appropriate service authority" means the authority in which, under the provisions of this constitution, is vested the power to make appointments to the public office held by the person to be appointed as clerk or deputy clerk or the functions of which the clerk or deputy clerk is to be appointed to assume or resume, as the case may be. the functions conferred by this article on the speaker shall, if there is no person holding the office of speaker or if the speaker is absent from guyana or is otherwise unable to perform those functions, be performed by the deputy speaker. 159. qualifications and disqualifications for electors no person shall vote at an election unless he or she is registered as an elector. subject to the provisions of paragraphs (3) and (4), a person shall be qualified to be registered as an elector for elections if, and shall not be so qualified unless, on the qualifying date, he or she is of the age of eighteen years or upwards and eitheris a citizen of guyana; or is a commonwealth citizen who is not a citizen of guyana and who is domiciled and resident in guyana and has been so resident for a period of one year immediately preceding the qualifying date; and satisfies such other qualifications as may be prescribed by or under any law. no person shall be qualified to be so registered who on the qualifying date is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in guyana. no person shall be qualified to be so registered if during such period (not exceeding five years) preceding the qualifying date as may be prescribed by parliament, he or she has been convicted by a court of any offence connected with elections that is so prescribed or has been reported guilty of such an offence by the high court in proceedings under article 163: provided that parliament may empower the court to exempt a person from disqualification for registration on account of such a conviction or report if the court deems it just so to do. in this article "the qualifying date" means such date as may be appointed by or under an act of parliament as the date with reference to which a register of electors shall be compiled or revised. 160. electoral system subject to the provisions of the next following paragraph the system of proportional representation referred to in article 60 (2) for the election of such number of members of the national assembly as shall be determined by the assembly, shall be as followsvotes shall be cast throughout guyana in favour of lists of candidates; each elector shall have one vote and may cast it in favour of any of the lists; and the seats of the said elected members in the assembly, as determined under this paragraph, shall be allocated between the lists in such a manner that the proportion that the number of such seats allocated to each list bears to the number of votes cast in favour of that list is as nearly as may be the same for each list, thus minimizing the level of disproportionality between the percentages of votes earned by lists and the percentages of seats allocated to lists in the cases of individual geographical constituencies, if they exist, and of the assembly taken as a whole. parliament may make provision for the division of guyana into such number of geographical constituencies, not being more than half the number of the elected members of the assembly as parliament may prescribe and for the election in each such constituency of such number of members of the assembly as parliament shall, subject to paragraph (4), prescribe; but, if parliament makes provision as aforesaid, thena person may stand as a candidate for election in any such geographical constituency only if, in such manner as parliament may prescribe, he or she has declared that he or she supports, or has otherwise identified himself or herself with one and only one of the lists related to that geographical constituency, not with a list in any other geographical constituency; and not with any lists of another party; and those of the said seats in the assembly as determined under paragraph (1), for which members are not elected in geographical constituencies as aforesaid shall be allocated between the contesting parties in accordance with the results of the voting throughout guyana in favour of the lists of the contesting parties in such a manner that the proportion that the number of seats allocated to each party, when added to the number of members identified with that party's lists elected in the geographical constituencies, bears to the number of votes cast in favour of that party is as nearly as may be the same for each party, thus minimising the level of disproportionality between the percentages of votes earned by parties and the percentages of seats allocated to parties in the assembly. subject to the provisions of this constitution, parliament may make provisionfor the registration of electors; for the manner in which lists of candidates shall be prepared, including the provision in a list of the names of a sufficient number of candidates to enable any vacancies to be filled under subparagraph (vii), and which manner shall allow voters to be sure which individuals they are electing to the national assembly; for the manner in which the number of seats to be allocated to each list shall be calculated in order to give effect to the provisions of paragraph (1) or paragraph (2), as the case maybe; for the combination of lists of candidates for the purpose of the allocation of seats (but not for the purpose of voting); for the extraction from the lists and declaration of names of the candidates who have been elected, and for such provision for extraction to take into account the proportion that women form of the electorate; for the manner in which elections of members of the national assembly shall be held pursuant to the provisions of paragraphs (1) and (2); for the filling of vacancies among the seats of members of the national assembly where such vacancies are caused otherwise than by a dissolution of parliament; generally for the conduct of elections of members of the national assembly and for giving effect to the provisions of this constitution relating thereto; for the criteria for the participation of political parties in the general election; for the formulae to be used to translate votes for a contesting party into seats for that party in the national assembly; for the minimum number or proportion of female candidates on a party's list and in all party's lists taken together; for the minimum number or proportion of female candidates on a party's lists for geographical constituencies taken individually or together; for the maximum percentage or the number of geographical constituencies a party can contest in which its lists contain no female candidate. the total number of seats in the national assembly that are derived from geographical constituencies shall be such that the number of seats not derived from geographical constituencies is sufficiently large to correct any overall disproportionalities that might arise from the allocations of seats to geographical constituencies. 160a. political parties prohibited from causing ethnic division all persons, institutions and political parties are prohibited from taking any action or advancing, disseminating or communicating any idea which may result in racial or ethnic division among the people. for the purposes of paragraph (1), parliament shall by law make provision for offences and penalties, including penalties preventing or disbarring any person or political party from contesting any election for membership or being a member, as the case may be, of the local democratic organs or of the national assembly. 161. elections commission there shall be an elections commission for guyana consisting of a chairman, who shall be a full-time chairman and shall not engage in any other form of employment, and such other members as may be appointed in accordance with the provisions of this article. subject to the provisions or paragraph (4), the chairman of the elections commission shall be a person who holds or who has held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from any such court or who is qualified to be appointed as any such judge, or any other fit and proper person, to be appointed by the president from a list of six persons, not unacceptable to the president, submitted by the leader of the opposition after meaningful consultation with the non-governmental political parties represented in the national assembly: provided that if the leader of the opposition fails to submit a list as provided for, the president shall appoint a person who holds or has held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from any such court or who is qualified to be appointed as any such judge. in addition to the chairman, there shall be six members of the commission who shall be appointed in the following mannerthree members to be appointed by the president, acting in his or her own deliberate judgment; and three members to be appointed by the president acting in accordance with the advice of the leader of the opposition tendered after meaningful consultation with non-governmental political parties represented in the national assembly. a person shall be disqualified for appointment as the chairman or other member of the commission if he or she is an alien. the chairman or any other member of the elections commission shall vacate his or her office if any circumstances arise that, if he or she were not a member of the commission, would cause him or her to be disqualified for appointment as such. the provisions of article 225 (which relate to removal from office) shall apply to the office of the chairman or other members of the elections commission and for the purposes of paragraphs (4) and (6) of that article, the prescribed authority shall be the prime minister: provided that in the case of the members referred to in paragraph (3)(b), the prime minister shall meaningfully consult the leader of the opposition before tendering any advice to the president under article 225(4). if, by reason of his or her illness, absence from guyana, or suspension under article 225, the chairman or any other member of the elections commission is unable to perform his or her functions as such, a temporary chairman or other member, as the case may be, may be appointed in his or her place. the provisions of this article shall apply in relation to the appointment of a temporary chairman or other member of the elections commission, and to a temporary chairman or other member appointed in accordance with this article, as they apply in relation to the chairman or other member, as the case may be, of the elections commission in whose place he or she is appointed: provided that his or her appointment shall have effect only for the period ending when the person in whose place he or she has been appointed resumes his or her functions as, or ceases to be, the chairman or other member, as the case may be, of the commission. 161a. appointment of staff of elections commission; secretariat of the commission the elections commission shall be responsible for the efficient functioning of the secretariat of the commission, which shall comprise the officers and employees of the commission, and for the appointment of all the staff to the offices thereof inclusive of all temporary staff, recruited for the purposes of boundary demarcation, registration of persons and elections and shall have the power to remove and to exercise disciplinary control over such staff. the elections commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its powers under paragraph (1) to any one or more members of the commission, or by such directions and subject to such conditions as it thinks fit, delegate such powers to such officers of the commission as the commission may determine. before the elections commission or any member thereof or other person exercising powers under this article appoints to or to act in any office referred to in paragraph (1) any person who holds or is acting in any office, power to make appointments to which is vested under this constitution in the judicial, the teaching, the police or the public service commission, the elections commission or that member or other person shall first seek and obtain the approval of the commission in which that power is vested. where a public officer is appointed to an office referred to in paragraph (1) he or she shall, subject to the said paragraph (1), remain a public officer unless the commission determines that that office shall be independent of any other commission. nothing in this article shall be construed as precluding the elections commission from appointing any person who is not a public officer to an office referred to in paragraph (1). 161b. role of political parties in the conduct of elections through the elections commission it is hereby declared that the role of political parties and their nominees in the conduct of elections by the elections commission shall be limited to their participation in determining policy, monitoring the electoral process and the conduct of the election, but does not include active management of the electoral process. 162. functions of the elections commission the elections commission shall have such functions connected with or relating to the registration of electors or the conduct of elections as are conferred upon it by or under this constitution or, subject thereto, any act of parliament; and, subject to the provisions of this constitution, the commissionshall exercise general direction and supervision over the registration of electors and the administrative conduct of all elections of members of the national assembly; and shall issue such instructions and take such action as appear to it necessary or expedient to ensure impartiality, fairness and compliance with the provisions of this constitution or of any act of parliament on the part of persons exercising powers or performing duties connected with or relating to the matters aforesaid. notwithstanding anything to the contrary in this constitution, if the elections commission is satisfied that the holding of an election pursuant to the provisions of paragraph (2) of article 60 or article 160 (2) on the day appointed therefor would be attended, either generally or in a particular area, by danger or serious hardship, it may, after consultation with the prime minister and the leader of the opposition, by notice published in the gazettepostpone the holding of the election to a day specified in the notice; or postpone the voting in any area specified in the notice to a day so specified. 163. determination of questions as to membership and elections subject to the provisions of this article, the high court shall have exclusive jurisdiction to determine any questionregarding the qualification of any person to be elected as a member of the national assembly; whethereither generally or in any particular place, an election has been lawfully conducted or the result thereof has been, or may have been, affected by any unlawful act or omission; the seats in the assembly have been lawfully allocated; a seat in the assembly has become vacant; or any member of the assembly is required under the provisions of article 156(2) and (3) to cease to exercise any of his or her functions as a member thereof; regarding the filling of a vacant seat in the assembly; or whether any person has been validly elected as speaker of the assembly from among persons who are not members thereof or, having been so elected, has vacated the office of speaker. proceedings for the determination of any question referred to in the preceding paragraph may be instituted by any person (including the attorney general) and, where such proceedings are instituted by a person other than the attorney general, the attorney general if he or she is not a party thereto may intervene and (if he or she intervenes) may appear or be represented therein. an appeal shall lie to the court of appealfrom the decision of a judge of the high court granting or refusing leave to institute proceedings for the determination of any question referred to in paragraph (1); from the determination by the high court of any such question, or against any order of the high court made in consequence of such determination. parliament may make provision with respect tothe circumstances and manner in which and the conditions upon which proceedings for the determination of any question under this article may be instituted in the high court and an appeal may be brought to the court of appeal in respect thereof; the consequences of the determination of any question under this article and the powers of the high court in relation to the determination of any such question, including (without prejudice to the generality of the foregoing power) provision empowering the high court to order the holding of a fresh election throughout guyana or a fresh ballot in any part thereof or the re-allocation of seats in whole or in part; and the practice and procedure of the high court in relation to the jurisdiction and powers conferred upon it by or under this article and of that court and the court of appeal in relation to appeals to the court of appeal under this article, and, subject to any provision so made, provision may be made with respect to the matters aforesaid by rules of court. in this article reference to any person being elected shall be read and construed as a reference to any person being elected under paragraph (2) of article 60 or under article 160 (2), as the case may be. 164. procedure for altering this constitution subject to the provisions of paragraphs (2) and (3), a bill for an act of parliament to alter this constitution shall not be passed by the national assembly unless it is supported at the final voting in the assembly by the votes of a majority of all the elected members of the assembly. a bill to alter any of the following provisions of this constitution, that is to saythis article, articles 1, 2, 8, 9, 18, 51, 66, 89, 99 and 111; and articles 3, 4, 5, 6 and 7, 10 to 17 (inclusive), 19 to 49 (inclusive), 52 to 57 (inclusive), 59, 60, 62, 63, 64, 65, 67, 68, 69, 70, 72 (in so far as it relates to the number of regions), 90 to 96 (inclusive), 98, 108, 110, 116, 120 to 163 (inclusive, but excepting article 132), 168 to 215 (inclusive, but excepting articles 173, 185, 186, 192(2) and (3) and 193), 222, 223, 225, 226, 231 and 232 (excepting the definition of "financial year"), shall not be submitted to the president for his or her assent unless the bill, not less than two and not more than six months after its passage through the national assembly, has, in such manner as parliament may prescribed, been submitted to vote of the electors qualified to vote in an election and has been approved by a majority of the electors who vote on the bill: provided that if the bill does not alter any of the provisions mentioned in subparagraph (a) and is supported at the final voting in the assembly by the votes of not less than two-thirds of all the elected members of the assembly it shall not be necessary to submit the bill to the vote of the electors. in this articlereferences to this constitution or to any particular provision thereof include references to any other law in so far as that law alters the constitution or, as the case may be, that provision; and references to altering this constitution or any particular provision thereof include references to repealing it, with or without re-enactment thereof or the making of different provision in lieu thereof, to modifying it and to suspending its operation for any period. 165. regulation of procedure subject to the provisions of this constitution, the national assembly may regulate its own procedure and may make rules for that purpose. the assembly may act notwithstanding any vacancy in its membership (including any vacancy not filled when the assembly first meets after the commencement of this constitution or after any dissolution of parliament) and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the assembly shall not invalidate those proceedings. 166. presiding in the assembly the speaker, or, in his or her absence, the deputy speaker or, if they are both absent, a member of the national assembly (not being a minister or a parliamentary secretary) elected by the assembly for the sitting shall preside at any sitting of the assembly. references in this article to circumstances in which the speaker or deputy speaker is absent include references to circumstances in which the office of speaker or deputy speaker is vacant. 167. oaths of members no member of the national assembly shall take part in the proceedings of the assembly (other than proceedings necessary for the purpose of this article) until he or she has made and subscribed before the assembly the oath of office: provided that the election of a speaker and deputy speaker of the assembly may take place before the members thereof have made and subscribed such oath. 168. voting save as otherwise provided by this constitution, all questions proposed for decision in the national assembly shall be determined by a majority of the votes of the members present and voting. except as provided by the next following paragraph, the speaker or other member presiding in the assembly shall not vote unless on any question the votes are equally divided, in which case he or she shall have and exercise a casting vote. a speaker elected from among persons who are not members of the assembly shall have neither an original nor a casting vote and if, upon any question before the assembly when such a speaker is presiding, the votes of the members are equally divided, the motion shall be lost. 169. quorum if objection is taken by any member of the national assembly present that there are present in the assembly (besides the person presiding) less than one-third of all the elected members of the assembly, and, after such interval as may be prescribed in the rules of procedure of the assembly, the person presiding ascertains that there are still present less than one-third of all the elected members, he or she shall thereupon adjourn the assembly. 170. mode of legislation subject to the provisions of article 164, the power of parliament to make laws shall be exercised by bills passed by the national assembly and assented to by the president. when a bill is presented to the president for assent, he or she shall signify that he or she assents or that he or she withholds assent. where the president withholds his or her assent to a bill, he or she shall return it to the speaker within twenty-one days of the date when it was presented to him or her for assent with a message stating the reasons why he or she has withheld his or her assent. where a bill is so returned to the speaker it shall not again be presented to the president for assent unless within six months of the bill being so returned upon a motion supported by the votes of not less than two-thirds of all the elected members of the national assembly the assembly resolves that the bill be again presented for assent. where the national assembly so resolves that a bill be again presented for assent, the bill shall be so presented and the president shall assent to it within ninety days of its presentation. a bill shall not become law unless it has been duly passed and assented to in accordance with this constitution. 171. introduction of bills, etc subject to the provisions of this constitution and of the rules of procedure of the national assembly, any member of the assembly may introduce any bill or propose any motion for debate in, or may present any petition to, the assembly, and the same shall be debated and disposed of according to the rules of procedure of the assembly. except on the recommendation or with the consent of the cabinet signified by a minister, the assembly shall notproceed upon any bill (including any amendment to a bill) which, in the opinion of the person presiding, makes provision for any of the following purposesfor imposing or increasing any tax; for imposing any charge upon the consolidated fund or any other public fund of guyana or for altering any such charge otherwise than by reducing it; for the payment, issue or withdrawal from the consolidated fund or any other public fund of guyana of any moneys not charged thereon or any increase in the amount of such a payment, issue or withdrawal; or for compounding or remitting any debt due to guyana; or proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, would be to make provision for any of the purposes aforesaid. 172. privileges, etc., of members of the national assembly subject to the provisions of paragraphs (2), (3) and (4), parliament may by law determine the privileges, immunities and powers of the national assembly and the members thereof. no civil or criminal proceedings may be instituted against any member of the assembly for words spoken before, or written in a report to, the assembly or to a committee thereof or by reason of any matter or thing brought by him or her therein by petition, bill, resolution, motion or otherwise. for the duration of any session, members of the assembly shall enjoy freedom from arrest for any civil debt. no process issued by any court in the exercise of its civil jurisdiction shall be served or executed within the precincts of the assembly while the assembly is sitting or through the speaker, the clerk or any officer of the assembly. title 3. [repealed by act no. 14 of 2000] 173-176. [repealed by act no. 14 of 2000] title 4. the president 177. election of president any list of candidates for an election held pursuant to the provisions of article 60 (2) shall designate not more than one of those candidates as a presidential candidate. an elector voting at such an election in favour of a list shall be deemed to be also voting in favour of the presidential candidate named in the list. wherethere is only one presidential candidate at the election; or there are two or more presidential candidates, if more votes are cast in favour of the list in which a person is designated as presidential candidate than in favour of any other list, that presidential candidate shall be deemed to be elected as president and shall be so declared by the chairman of the elections commission acting only in accordance with the advice of the chief election officer, after such advice has been tendered to the elections commission at a duly summoned meeting. where no person is elected as president under paragraph (2) and where the votes cast in favour of each list are equal in number, or where the votes cast in favour of each of two or more lists are equal in number but greater than the number of votes cast in favour of any other list, the chairman of the elections commission, acting in the presence of the chancellor and of the public, shall by lot choose one of the lists in respect of which the votes are equal in either of the circumstances aforesaid and shall declare the presidential candidate designated in that list to be duly elected as president. the court of appeal shall have exclusive jurisdiction to hear and determine any question as to the validity of an election of a president in so far as that question depends upon the qualification of any person for election or the interpretation of this constitution; and any decision of that court under this paragraph shall be final. subject to the provisions of this constitution, parliament may make provision for giving effect to the provisions of this title and, without prejudice to the generality thereof, may make provisionfor the conduct of elections to the office of president; and with respect to the persons by whom, the manner in which and the conditions upon which proceedings for the determination of any question such as is mentioned in the preceding paragraph may be instituted in the court of appeal, and, subject to any provisions made under subparagraph (b), provision may be made with respect to the matters referred to therein by rules of court. subject to the provisions of paragraph (4), an instrument whichis executed under the hand of the chairman of the elections commission; and states that a person named in the instrument was declared elected as president at an election held pursuant to the provisions of article 60 (2), shall be conclusive evidence that the person so named was so elected and no question as to the validity of the election as the president of the person so named shall be enquired into in any court. 178. tenure of office of president the office of president shall become vacant if the person holding itdies; or resigns it by writing under his or her hand addressed to the speaker; or ceases to hold it by virtue of the provisions of article 92, 179 or 180. a person assuming the office of president in accordance with the provisions of this constitution shall be disqualified for any other office, employment or appointment to which this paragraph applies and accordingly on entering upon the duties of the office of president shall vacate any such other office, employment or appointment held by him or her. the preceding paragraph applies to the offices of speaker, member, clerk or deputy clerk of the national assembly, and judge of the supreme court of judicature, member of the elections commission, the judicial service commission, the public service commission, the teaching service commission or the police service commission, any public office, employment in any armed force of guyana and any paid appointment as a member or employee of a body corporate established by law for public purposes. during any period when a minister is performing the functions of the office of president under article 96 or 179 or has assumed the office under the proviso to article 95(1), his or her seat in the national assembly shall be regarded as vacant and may be temporarily filled in accordance with any provision made under article 160 (3). at the expiration of the period the person temporarily filling the seat shall vacate it and the seat shall thereupon be resumed by the minister: provided that the person so vacating the seat shall be eligible for re-election under any provision made as aforesaid. 179. removal of president on grounds of incapacity if the members of the national assembly whose names appeared as candidates on the same list as that of the president at the last election held pursuant to article 60(2) resolve, upon a motion supported by the votes of a majority of all of them, that the question of the physical or mental capacity of the president to discharge the functions of his or her office ought to be investigated and the prime minister so informs the chancellor, the chancellor shall appoint a board consisting of not less than three persons selected by him or her from among persons who are qualified as medical practitioners under the law of guyana, and the board shall enquire into the matter and shall make a report to the chancellor stating the opinion of the board whether or not the president is, by reason of any infirmity of body or mind, incapable of discharging the functions of his or her office. if the board reports that the president is incapable of discharging the functions of the office of president, the chancellor shall certify in writing accordingly and thereupon the president shall cease to hold office. where the prime minister informs the chancellor that a resolution has been passed pursuant to paragraph (1) that the question of the physical or mental capacity of the president to discharge the functions of his or her office should be investigated the president shall, until another person assumes the office of president or the board appointed in pursuance of paragraph (1) reports that the president is not incapable of discharging the functions of his or her office (whichever is the earlier), cease to perform the functions of his or her office and those functions shall be performed bythe prime minister; or during any period when there is no prime minister or the prime minister is absent from guyana or is unable, by reason of physical or mental infirmity, to discharge the functions of his or her office, by such member of the cabinet, being an elected member of the national assembly, as shall be elected by the members referred to in paragraph (1): provided that any person performing the functions of the office of president under this paragraph shall not dissolve parliament or, save on the advice of the cabinet, revoke any appointment made by the president. a motion for the purposes of paragraph (1) may be proposed by any of the members referred to therein at any meeting of such members convened by the prime minister. 180. removal of president for violation of constitution or gross misconduct if notice in writing is given to the speaker of the national assembly, signed by not less than one-half of all the elected members of the assembly, of a motion alleging that the president has committed any violation of the constitution or any gross misconduct and specifying the particulars of the allegations and proposing that a tribunal be established under this article to investigate those allegations, the speaker shallif parliament is then sitting or has been summoned to meet within five days, cause the motion to be considered by the assembly within seven days of the notice; or if parliament is not then sitting (and notwithstanding that it may be prorogued) summon the assembly to meet within twenty-one days of the notice and cause the motion to be considered at that meeting. where a motion under this article is proposed for consideration by the national assembly, the assembly shall not debate the motion but the person presiding in the assembly shall forthwith cause a vote to be taken on the motion and, if the motion is supported by the votes of not less than two-thirds of all the elected members of the assembly, shall declare the motion to be passed. if the motion is declared to be passed under paragraph (2)the chancellor shall appoint a tribunal which shall consist of a chairman and not less than two other members selected by the chancellor from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction on appeals from any such court; the tribunal shall investigate the matter and shall report to the national assembly whether it finds the particulars of the allegations specified in the motion to have been substantiated; the president shall have the right to appear and be represented before the tribunal during its investigation of the allegations against him or her. if the tribunal reports to the national assembly that the tribunal finds that the particulars of any allegation against the president specified in the motion have not been substantiated no further proceedings shall be taken under this article in respect of that allegation. if the tribunal reports to the national assembly that the tribunal finds that the particulars of any allegation specified in the motion have been substantiated, the assembly may, on a motion supported by the votes of not less than two-thirds of all elected members of the assembly, resolve that the president has been guilty of such violation of the constitution or, as the case may be, such gross misconduct as is incompatible with his or her continuance in office as president and, if the assembly so resolves, the president shall cease to hold office upon the third day following the passage of the resolution. 181. salary and allowances of president the president shall receive such salary and allowances as may be prescribed under the provisions of article 222. a person who has held the office of president shall receive such pension or, upon the expiration of his or her term of office, such gratuity as may be prescribed by parliament. any such pension or gratuity shall be a charge on the consolidated fund. 182. immunities of president subject to the provisions of article 180, the holder of the office of president shall not be personally answerable to any court for the performance of the functions of his or her office or for any act done in the performance of those functions and no proceedings, whether criminal or civil, shall be instituted against him or her in his or her personal capacity in respect thereof either during his or her term of office or thereafter. whilst any person holds or performs the functions of the office of president no criminal proceedings shall be instituted or continued against him or her in respect of anything done or omitted to be done by him or her in his or her private capacity and no civil proceedings shall be instituted or continued in respect of which relief is claimed against him or her for anything done or omitted to be done in his or her private capacity. where provision is made by law limiting the time within which proceedings of any description may be brought against any person, the period during which any person holds or performs the functions of the office of president shall not be taken into account in calculating any period of time prescribed by that law for bringing any such proceedings as are mentioned in paragraph (2) against him or her. title 5. the executive subtitle 1. ministers, etc 183. tenure of office of ministers the office of a minister who was not an elected member of the assembly at the time of his or her appointment and has not subsequently become such a member shall become vacant if the holder of the officeceases to be a citizen of guyana; or if he or she becomes disqualified for election as a member of the assembly by virtue of article 155 or of any law enacted in pursuance thereof. the office of any other minister shall become vacant if the holder of the officeceases to be a member of the assembly for any cause other than a dissolution of parliament; is not a member of the assembly when the assembly first meets after a dissolution of parliament; or is, by virtue of article 156(2) or (3), required to cease to perform his or her functions as a member of the assembly. the office of any minister shall become vacantif he or she resigns it by writing under his or her hand addressed to the president; if the president so directs; or on the election of any person to the office of president pursuant to the provisions of article 177. 184. leader of the opposition the leader of the opposition shall be elected by and from among the non-governmental members of the national assembly at a meeting held under the chairmanship of the speaker of the national assembly, who shall not have the right to vote. the office of the leader of the opposition shall become vacant ifthe holder thereof ceases to be a member of the assembly for any cause other than the dissolution of parliament; he or she is not a member of the assembly when the assembly first meets after the dissolution of parliament; by virtue of article 156(2) or(3) he or she is required to cease to exercise his or her functions as a member of the assembly; or his or her removal from office is effected under the provisions of the next following paragraph. where one-third of the non-governmental members of the assembly represent to the speaker that the leader of the opposition no longer enjoys their confidence, the speaker shall call a meeting of all the non-governmental members at which it shall be decided whether the leader of the opposition shall be removed from office; the removal shall be effected by the votes of a majority of all the non-governmental members. the election and removal from office of the leader of the opposition shall be by a show of hands. for every reference in any provision in this constitution to the term "minority leader" there shall be substituted the term "leader of the opposition" and any such provision shall be read and construed accordingly with such modification as may be necessary. 185. attorney general a person shall not be qualified to be appointed as attorney general unless he or she holds such qualifications as may be prescribed by parliament and is a citizen of guyana. if the attorney general is an elected member of the national assembly at the time of his or her appointment or subsequently becomes such a member, he or she shall be a minister by virtue of holding the office of attorney general and the provisions of paragraphs (2) and (3) of article 183 shall apply to the office of attorney general. if the attorney general is not an elected member of the assembly but is qualified to be elected as such a member, he or she may be appointed by the president to be a minister. if an attorney general appointed to be a minister under the preceding paragraph resigns his or her office as attorney general he or she shall also vacate his or her office as a minister. if the attorney general is not a minister he or she shall vacate his or her office if he or she ceases to be a citizen of guyana or if his or her appointment is revoked by the president. if the office of attorney general is vacant or the holder of the office is for any reason unable to perform the functions thereof the president may appoint a person, being a person qualified under paragraph (1), to act in the office, but the provisions of paragraphs (2) and (3) shall not apply to a person so appointed. an appointment under the preceding paragraph shall cease to have effect when it is revoked by the president. 186. parliamentary secretaries parliamentary secretaries may be appointed from among persons who are elected members of the national assembly or are qualified to be elected as such members. paragraph (1) shall have effect in relation to any period between a dissolution of parliament and the day on which the next election of members of the assembly is held as if parliament had not been dissolved. a parliamentary secretary who was not an elected member of the assembly at the time of his or her appointment shall (unless he or she becomes such a member) be a member of the assembly by virtue of holding the office of parliamentary secretary but shall not vote in the assembly. the provisions of article 183 shall apply to the office of a parliamentary secretary as they apply to the office of a minister. 187. functions of director of public prosecutions the director of public prosecutions (referred to in this article as "the director") shall have power in any case in which he or she considers it desirable so to doto institute and undertake criminal proceedings against any person before any court, other than a court-martial, in respect of any offence against the law of guyana; to take over and continue any such criminal proceedings that may have been instituted by any other person or authority; and to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by him or her or any other person or authority. the powers of the director under the preceding paragraph may be exercised by him or her in person or through other persons acting under and in accordance with his or her general or special instructions. the powers conferred upon the director by subparagraphs (b) and (c) of paragraph (1) shall be vested in him or her to the exclusion of any other person or authority: provided that, where any other person or authority has instituted criminal proceedings, nothing in this paragraph shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the court. in the exercise of the powers conferred upon him or her by this article the director shall not be subject to the direction or control of any other person or authority. for the purposes of this article, any appeal from any determination in any criminal proceedings before any court, or any case stated or question of law reserved for the purposes of any such proceedings, to any other court in guyana shall be deemed to be part of those proceedings. 188. prerogative of mercy the president maygrant to any person concerned in or convicted of any offence under the law of guyana, a pardon, either free or subject to lawful conditions; grant to any person a respite, either indefinite, or for a specified period, of the execution of any punishment imposed on that person for such an offence; substitute a less severe form of punishment for any punishment imposed on any person for such an offence; or remit the whole or any part of any punishment imposed on any person for such an offence or of any penalty or forfeiture otherwise due to the state on account of such an offence. subject to the provisions of the next following paragraph, the powers of the president under the preceding paragraph shall be exercised by him or her after consultation with such minister as may from time to time be designated by him or her. in addition to the minister designated generally under the preceding paragraph, a second minister may, in the manner prescribed in that paragraph, be specially designated in relation to persons convicted by courts-martial under the law of guyana; and at any time when there is a second minister so designated, the powers of the president under paragraph (1) shall, in relation to such persons, be exercised after consultation with that other minister. 189. advisory council on prerogative of mercy there shall be an advisory council on the prerogative of mercy, which shall consist ofthe minister for the time being designated under paragraph (2) of the preceding article, who shall be chairman; the attorney general (if he or she is not the chairman); and not less than three and not more than five other members, who shall be appointed by the president, and of whom at least one shall be a person who is a qualified medical practitioner. a person shall not be qualified to be appointed as a member of the advisory council under subparagraph (c) of the preceding paragraph if he or she is a member of the national assembly; and not less than three of the members so appointed shall be persons who are not public officers. a member of the advisory council appointed under the said subparagraph (c) shall hold office for three years: provided that his or her seat on the council shall become vacantif he or she becomes a member of the assembly or if, not having been a public officer at the time of his or her appointment, he or she becomes such an officer; or if he or she is removed from office by the president for inability to discharge the functions of his or her office (whether arising from infirmity of mind or body or any other cause whatsoever) or for misbehaviour. 190. functions of advisory council where under the law of guyana any person has been sentenced to death by any court other than a court-martial for any offence against that law, the minister designated under article 188(2) shall cause a written report of the case from the trial judge, together with such other information derived from the record of the case or elsewhere as the minister may require, to be taken into consideration at a meeting of the advisory council; and after obtaining the advice of the council the minister shall express his or her own deliberate opinion to the president as to whether he or she should exercise any of his or her powers under that article in relation to that person. the minister designated under article 188(2) may consult the advisory council before expressing any opinion to the president under that provision in any case not falling within the preceding paragraph, but shall not be obliged to act in accordance with the advice of the advisory council. the advisory council may regulate its own procedure. subtitle 2. the ombudsman 191. appointment, etc., of ombudsman the ombudsman shall be appointed by the president acting after consultation with the minority leader. the ombudsman shall not perform the functions of any public office and shall not, without the approval of the president in each particular case, hold any other office of emolument, other than his or her office as ombudsman, or engage in any occupation for reward outside the duties of his or her office. subject to the provisions of the next following paragraph, a person holding the office of ombudsman shall vacate that office at the expiration of four years from the date of his or her appointment. the provisions of article 225 (which relate to removal from office) shall apply to the office of ombudsman, and for the purposes of paragraphs (4) and (6) of that article the prescribed authority shall be the prime minister. 192. matters subject to investigation by the ombudsman subject to the provisions of this article, the ombudsman may investigate any action taken by any department of government or by any other authority to which this article applies, or by the president, ministers, officers or members of such a department or authority, being action taken in exercise of the administrative functions of that department or authority. the ombudsman may investigate any such action as aforesaid in any of the following circumstances, that is to sayif a complaint in respect of the action is duly made to the ombudsman by any person or body of persons, whether incorporated or not alleging that the complainant has sustained injustice in consequence of a fault in administration; if the president, a minister or a member of the national assembly requests the ombudsman to investigate the action on the ground that a person or body of persons specified in the request has or may have sustained such injustice; in any other circumstances in which the ombudsman considers that he or she ought to investigate the action on the ground that some person or body of persons has or may have sustained such injustice. the ombudsman shall not investigate under this subtitleany action in respect of which the complainant has or hada remedy by way of proceedings in a court; or a right of appeal, reference or review to or before an independent and impartial tribunal other than a court; or any such action, or action taken with respect to any such matter, as is excluded from investigation under article 193: provided that the ombudsmanmay conduct an investigation notwithstanding that the complainant has or had a remedy by way of proceedings in a court if satisfied that in the particular circumstances it is not reasonable to expect him or her to take or to have taken such proceedings; shall not in any case be precluded from conducting an investigation in respect of any matter by reason only that it is open to the complainant to apply to the high court for redress under article 153(1) (which relates to redress for contraventions of provisions for the protection of fundamental rights and freedoms). in determining whether to initiate, continue or discontinue an investigation under this subtitle the ombudsman shall, subject to the foregoing provisions of this article, act in accordance with his or her individual judgment and in particular, and without prejudice to the generality of the foregoing, he or she may refuse to initiate, or may discontinue, any investigation if it appears to him or her thatthe complaint relates to action of which the complainant has had knowledge for more than twelve months before the complaint was received by the ombudsman; the subject matter of the complaint is trivial; the complaint is frivolous or vexatious or is not made in good faith; or the complainant has not a sufficient interest in the subject matter of the complaint. the authorities other than departments of government to which this article applies areany authority empowered to determine the person with whom any contract or class of contracts shall be entered into by or on behalf of the government of guyana; and such other authorities as may be prescribed by parliament. for the purposes of this article the public service appellate tribunal, the judicial service commission, the public service commission, the teaching service commission and the police service commission shall not be regarded as departments of government. for the purposes of paragraph (2)(a) a complaint may be made by a person aggrieved himself or herself or, if he or she is dead or for any reason unable to act for himself or herself, by any person duly authorised to represent him or her. any question whether a complaint or a request for an investigation is duly made under this subtitle or any law enacted in pursuance of article 195 shall be determined by the ombudsman. where a complaint or request for an investigation is duly made as aforesaid and the ombudsman decides not to investigate the action to which the complaint or request relates or to discontinue an investigation of that action, he or she shall inform the person or body of persons who made the complaint or request of his or her decision. in this article and in article 193 "action" includes failure to act and "action taken" shall be construed accordingly. 193. excluded matters the ombudsman shall not investigate any such action, or action taken with respect to any such matter, as is described hereunder: matters certified by the president or a minister to affect relations or dealings between the government of guyana and any other government or any international organisation; action taken for the purposes of protecting the security of the state or of investigating crime, including action taken with respect to passports for either of those purposes; the commencement or conduct of civil or criminal proceedings in any court; action taken in respect of appointments to offices or other employment in the service of the government of guyana or appointments made by or with the approval of the president or any minister, and action taken in relation to any person as the holder or former holder of any such office, employment or appointment; action taken with respect to orders or directions to any disciplined force or member thereof as defined in article 154; the exercise of the powers conferred by article 188; the grant of honours, awards or privileges within the gift of the president; action taken in matters relating to contractual or other commercial dealings with members of the public other than action by an authority mentioned in subparagraph (a) of article 192(5); action taken in any country outside guyana by or on behalf of any officer representing the government of guyana or any officer of that government; any action which by virtue of any provision of this constitution may not be inquired into by any court. 194. ombudsman's functions on concluding an investigation, and reports to the assembly after conducting an investigation under this subtitle the ombudsman shall inform the department or authority concerned of the result of that investigation and, if he or she is of the opinion that any person or body of persons has sustained injustice in consequence of a fault in administration, he or she shall inform that department or authority of the reasons for that opinion and may make such recommendations for action by that department or authority as he or she thinks fit. after conducting an investigation under this subtitle in pursuance of a complaint or a request for an investigation made by the president, a minister or a member of the national assembly the ombudsman shallif he or she is of the opinion that the complainant or, in the case of an investigation conducted in pursuance of such a request, the person or body of persons specified in the request has sustained injustice in consequence of a fault in administration, inform the person or body of persons who made the complaint or request that he or she is of that opinion and the nature of the injustice that he or she considers has been sustained; if he or she is of the opinion that the complainant or, in the case of an investigation conducted in pursuance of such a request, the person or body of persons specified in the request has not sustained injustice, inform the person or body of persons who made the complaint or request that he or she is of that opinion and the reason therefor. where the ombudsman has made a recommendation under paragraph (1) and within a reasonable time thereafter no action has been taken which appears to the ombudsman adequately to remedy the injustice, he or she may lay before the assembly a special report on the case. the ombudsman shall annually lay before the assembly a general report on the performance of his or her functions under this subtitle. 195. power of parliament to make supplementary provision parliament may make provision for such supplementary and ancillary matters as may appear necessary or expedient in consequence of any of the provisions of this subtitle including (without prejudice to the generality of the foregoing power) provisionfor the procedure to be observed by the ombudsman in performing his or her functions; for the manner in which complaints and requests for investigation shall be made to the ombudsman and for the payment of fees in respect of any complaint or investigation; and for the powers, duties and privileges of the ombudsman or of other persons or authorities with respect to the obtaining or disclosure of information for the purposes of any investigation or report by the ombudsman. 196. interpretation in this subtitle"complainant" means the person or body of persons by or on whose behalf a complaint under this subtitle is made; and "fault in administration" includes, without prejudice to its generality, any contravention of article 149 (which relates to discrimination on grounds of race, place of origin, political opinions, colour or creed). title 6. the judicature 197. tenure of office of judges notwithstanding the provisions of articles 124 and 125, the office of a justice of appeal or a puisne judge shall not be abolished while there is a substantive holder thereof. with effect from the commencement of this paragraph, a person holding the office of judge on the said commencement shall vacate that office on attainingin the case of a puisne judge, the age of sixty-two years; and in the case of any other judge, other than the chancellor, the age of sixty-five years; and in the case of the chancellor, the age of sixty-eight years. a person appointed to the office of judge after the commencement of this paragraph shall vacate that office attainingin the case of a puisne judge, the age of sixty-five years; and in the case of any other judge, the age of sixty-eight years. a judge may be removed from office only for inability to perform the functions of his or her office (whether arising from infirmity of mind or body or any other cause) or for misbehaviour or for persistently not writing decisions or for continuously failing to give decisions and reasons therefor within such time as may be specified by parliament and shall not be so removed except in accordance with the provisions of this article. a judge shall be removed from office by the president if the question of removal of that judge has, in pursuance of the next following paragraph, been referred by the president to a tribunal, and the tribunal has advised the president that the judge ought to be removed from office for inability as aforesaid or for misbehaviour. if the prime minister, in the case of the chancellor or the chief justice, or the judicial service commission, in the case of any other judge, represents to the president that the question of removing such judge from office under this article ought to be investigated, thenthe president shall appoint a tribunal, which shall consist of a chairman and not less than two other members, selected by the president, acting in his or her discretion in the case of the chancellor or the chief justice or in accordance with the advice of the prime minister after consultation with the judicial service commission in the case of any other judge, from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from any such court or who are qualified to be appointed as any such judge; and the tribunal shall enquire into the matter and advise the president whether or not the judge ought to be removed from office. the provisions of the commissions of inquiry act as in force immediately before the commencement of this constitution shall, subject to the provisions of this article, apply as nearly as may be in relation to tribunals appointed under the preceding paragraph or, as the context may require, to the members thereof as they apply in relation to commissions or commissioners appointed under that act, and in such application shall have effect as if they formed part of this constitution. if the question of removing a judge from office has been referred to a tribunal under paragraph (5), the president may suspend such judge from performing the functions of his or her office, and any such suspension may at any time be revoked by the president, and shall in any case cease to have effect if the tribunal advises the president that the judge ought not to be removed from office. in effecting any such suspension or any revocation of any such suspension, the president shall act in accordance with his or her own deliberate judgement in the case of the chancellor or the chief justice and in accordance with the advice of the chancellor in the case of any other judge. the provisions of this article shall be without prejudice to the provisions of article 128 (3). 9 for the purposes of paragraph (6) of this article and of article 225(5), the following provisions of the commissions of inquiry act shall not apply, that is to saysection 2 the whole section; section 3 so much of the section as follows the words "in his or her place"; section 5 the whole section; section 7 the words "after taking such oath or affirmation"; section 16 the whole section. for the words "such sums so directed to be paid shall be paid out of moneys provided by parliament" in section 15 of the act there shall be substituted the words "such sums so directed to be paid shall be charged on and paid out of the consolidated fund". all powers and duties conferred or imposed on the president under the act shall be exercised or performed by him or her acting in each case in the manner prescribed by this constitution. it is in the interest of the state to provide such terms and conditions of service, including superannuation benefits, for judges that on retirement there would be no need for them to practise at the bar. title 6a. defence and security 197a. defence and security the state's defence and security policy shall be to defend national independence, preserve the country's sovereignty and integrity, and guarantee the normal functioning of institutions and the security of citizens against any armed aggression. the defence and security forces shall be subordinate to national and defence and security policy and owe allegiance to the constitution and to the nation. the oath taken by members of the defence and security forces shall establish their duty to respect the constitution. the guyana defence force established under the defence act shall in the discharge of its constitutional responsibilities function in such a manner as to earn the respect and enjoy the confidence of citizens. the police force established under the police act shall function in accordance with the law as the law enforcement agency of the state responding to the daily need to maintain law and order by suppressing crime to ensure that citizens are safe in their homes, the streets and other places. disciplined forces commissions may be constituted by the national assembly from time to time, as may be necessary, with power to examine any matter relating to the public welfare, public safety, public order, defence or security, including the structure and composition of the disciplined forces and make recommendations generally with a view to promoting their greater efficiency , and giving effect to the need in the public interest that the composition of the disciplined forces take account of the ethnic constituents of the population. the provisions of the commissions of inquiry act as in force immediately before the commencement of this constitution shall, subject to the provisions of this article, apply as nearly as may be in relation to commissions appointed under the preceding paragraph or, as the context may require, to the members thereof as they apply in relation to commissions or commissioners appointed under that act, and such application shall have effect as if they formed part of this constitution. as regards the application of the commissions of inquiry act pursuant to paragraph (6)the following provisions shall not apply, that is to saysection 2 the whole section; section 3 so much of the section as follows the words "in his or her place"; section 4 the whole section; section 5 the whole section; section 7 the words "after taking such oath or affirmation"; section 16 the whole section; for the words "such sums so directed to be paid shall be paid out of moneys provided by parliament" in section 15 there shall be substituted the words "such sums so directed to be paid shall be charged on and paid out of the consolidated fund"; for the words "the president" wherever they appear in the applicable provisions substitute the words "the national assembly". title 7. the service commissions the judicial service commission 198. composition of commission the members of the judicial service commission shall bethe chancellor, who shall be chairman; the chief justice; the chairman of the public service commission; and such other members (hereinafter referred to as "appointed members") as may be appointed in accordance with the provisions of the next following paragraph. the appointed members shall be appointed by the president, that is to sayone from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from any such court acting after meaningful consultation with the leader of the opposition; and not less than one and not more than two from among persons who are not attorneys-at-law in active practice, after the national assembly has meaningfully consulted such bodies as appear to it to represent attorneys-at-law in guyana and signified its choice of members to the president: provided a person shall be disqualified for appointment as a member of the commission if he or she is a public officer. subject to the provisions of the next following paragraph, the office of an appointed member of the judicial service commission shall become vacantat the expiration of three years from the date of his or her appointment or at such earlier time as may be specified in the instrument by which he or she was appointed; or if he or she is appointed to the office of chancellor, chief justice or chairman of the public service commission or of the teaching service commission or if he or she becomes a public officer. the provisions of article 225 (which relate to removal from office) shall apply to the office of an appointed member of the judicial service commission, and for the purposes of paragraphs (4) and (6) of that article the prescribed authority shall be the prime minister and the chancellor respectively. if the office of an appointed member is vacant or an appointed member is for any reason unable to perform the functions of his or her office, a person may be appointed to act in that office and the provisions of paragraph (2) shall apply to such an appointment as they apply to the appointment of a person to hold the office of the member concerned; and any person appointed to act in the office of an appointed member shall, subject to the provisions of paragraphs (3)(b) and (4), continue to act until a person has been appointed to the office in which he or she is acting and has assumed the functions thereof or, as the case may be, until the holder thereof resumes those functions. a person shall not, while he or she holds or is acting in the office of a member appointed under paragraph (2)(b), or within a period of three years commencing with the date on which he or she last held or acted in that office, be eligible for appointment to or to act in any office power to make appointments to which is vested by this constitution in the president acting in accordance with the advice of the judicial service commission or in that commission. if, by virtue of provision made by parliament under article 199(3) or article 203(6), power to make appointments to or to act in any office or to remove or exercise disciplinary control over persons holding or acting in any office is vested in the president acting in accordance with the advice of the judicial service commission or is vested in the judicial service commission, parliament may provide for the inclusion in the commission, for the purpose of the exercise of any function or power vested in the commission by virtue of that provision and of any proceedings of the commission relating thereto, of members additional to those mentioned in paragraph (1) and for the appointment (including disqualifications for appointment) and tenure of office of such additional members; and provision for the inclusion of different additional members may be made in relation to functions or powers vested in the commission as aforesaid in relation to different offices. 199. appointment, etc., of judicial and legal officers the power to make appointments to the offices to which this article applies and to remove and to exercise disciplinary control over persons holding or acting in such offices shall vest in the judicial service commission. the judicial service commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its powers under the preceding paragraph to any one or more of its members or to any person holding or acting in an office in respect of which power to make appointments is vested in the president acting in accordance with the advice of the commission or to which this article applies. where any power of the judicial service commission is exercised under paragraph (2), any person in respect of whom the power was exercised (including a person who has failed to obtain an appointment) may appeal to that commission from the decision of the person exercising the power. the decision of the judicial service commission on any appeal made under paragraph (2a) shall be final. this article applies to the office of commissioner of title, magistrate, director of public prosecutions, deputy director of public prosecutions, registrar of the high court, deputy registrar of the high court, registrar of deeds, deputy registrar of deeds and to such other offices (not being offices in respect of which provision for the making of appointments is made by any provision of this constitution other than article 201) connected with the courts of guyana or for appointment to which legal qualifications are required as may be prescribed by parliament. the public service commission 200. composition of commission the public service commission shall consist of six members who shall be appointed as follows, that is to saythree members appointed by the president acting after meaningful consultation with the leader of the opposition; two members appointed by the president upon nomination by the national assembly after it has consulted such bodies as appear to it to represent public officers or classes of public officers; and if the president thinks fit, one other member appointed by the president acting in accordance with his or her own deliberate judgment: provided that a person shall be disqualified for appointment as a member of the commission if he or she is a public officer. the chairperson and deputy chairperson of the commission shall be elected by and from the members of the commission using such consensual mechanism as the commission deems fit. subject to the provisions of the next following paragraph, the office of a member of the public service commission shall become vacant at the expiration of three years from the date of his or her appointment or at such earlier time as may be specified in the instrument by which he or she was appointed. the provisions of article 225 (which relate to removal from office) shall apply to the office of a member of the public service commission, and for the purposes of paragraphs (4) and (6) of that article the prescribed authority shall be the prime minister except that, in relation to a member other than the chairperson or a member for the time being acting in the office of chairperson under the next following paragraph, the prescribed authority for the purposes of the said paragraph (6) shall be the chairperson. if the office of chairperson of the public service commission is vacant or the holder thereof is for any reason unable to perform the functions of his or her office, then the holder of the office of deputy chairperson or if that office is vacant or the holder thereof is for any reason unable to perform the functions of the office of chairperson, one of the other members may be elected to act in the office of chairperson; and the deputy chairperson or such other member shall continue so to act until a person has been elected to the office of chairperson and has resumed the functions of that office or, as the case may be, until the chairperson, or if a member other than the deputy chairperson is acting therein, the deputy chairperson has assumed or resumed those functions. if the office of a member of the public service commission other than the chairperson is vacant or if the holder thereof is acting as chairperson under the preceding paragraph or is for any other reason unable to perform the functions of his or her office, a person may be appointed to act in that office and the provisions of paragraph (1) shall apply to such an appointment as they apply to the appointment of a person to hold the office of the member concerned; and any person appointed under this paragraph shall, subject to the provisions of paragraph (4), continue to act until a person has been appointed to the office in which he or she is acting and has assumed the functions thereof or, as the case may be, until the holder thereof resumes those functions. a person shall not, while he or she holds or is acting in the office of a member of the public service commission or within a period of three years commencing with the date on which he or she last held or acted in that office, be eligible for appointment to or to act in any office power to make appointments to which is vested by this constitution in the president acting in accordance with the advice of the public service commission or in that commission. 201. appointment, etc., of public officers subject to the provisions of this constitution, the power to make appointments to public offices and to remove and to exercise disciplinary control over persons holding or acting in such offices shall vest in the public service commission. the public service commission may, by directions in writing subject to such conditions as it thinks fit, delegate any of its powers under the preceding paragraph to any one or more members of the commission or, with the consent of the prime minister, to any public officer, or, in relation to any office on the staff of the clerk of the national assembly, to the clerk. no person shall be appointed under this article to or to act in any office on the personal staff of the president except with the concurrence of the president. before the public service commission or any member or officer exercising powers under this article appoints to or to act in any public office any person who holds or is acting in any office power to make appointments to which is vested under this constitution in the judicial or the teaching or the police service commission, the public service commission or that member or officer shall consult with the commission in which that power is vested. before the public service commission or any member thereof exercises any of the powers mentioned in paragraph (1) in relation to any office on the staff of the clerk of the national assembly (other than the deputy clerk) or any person holding or acting in such an office, the commission or that member shall consult the clerk. a public officer shall not be removed from office or subjected to any other punishment under this article on the grounds of any act committed by him or her in the exercise of a judicial function conferred on him or her unless the judicial service commission concurs therein. the provisions of this article shall not apply in relation to any of the following offices, that is to say[repealed by act no. 5 of 2001] the office of auditor general; any office to which article 205 applies; so far as they relate to power to make appointments on transfer, any office to which article 206 applies; any office to which article 199 (relating to offices within the jurisdiction of the judicial service commission) applies; any office to which article 209 (relating to offices within the jurisdiction of the teaching service commission) applies; or the office of commissioner of police or any other office in the police force. 202. appeals to public service commission where any power of the public service commission is exercised under article 201(2) any person in respect of whom the power was exercised (including a person who has failed to obtain an appointment) may appeal to the commission from the decision of the person exercising the power. subject to the other provisions of this constitution, the decision of the public service commission on any appeal made under paragraph (1) shall be final. 203. appointment, etc., of director of public prosecutions [repealed by act no. 6 of 2001] if the office of the director of public prosecutions (in this article referred to as "the director") is vacant or if the holder thereof is for any reason unable to perform the functions thereof, the judicial service commission, may appoint a person to act in the office of the director, and any person so appointed shall, subject to the provisions of paragraphs (4) and (5), continue to act until a person has been appointed to the office of the director and has assumed the functions of that office or, as the case may be, until the holder thereof has resumed those functions. a person shall not be qualified to be appointed to hold or to act in the office of the director unless he or she is qualified to be appointed as a puisne judge of the high court. subject to the provisions of the next following paragraph, the director shall vacate his or her office when he or she attains the age of sixty years: provided that the judicial service commission, may permit a director who has attained the age of sixty years to continue in office until he or she has attained such later age, not exceeding sixty-five years, as may (before the director has attained the age of sixty years) have been agreed with the director. the provisions of article 225 (which relate to removal from office) shall apply to the office of the director, and the prescribed authority for the purposes of paragraph (4) of that article shall be the chairperson of the judicial service commission and for the purposes of paragraph (6) of that article shall be the judicial service commission. [repealed by act no. 6 of 2001] 204. appointment, etc., of auditor general the auditor general shall be appointed by the president, acting in accordance with the advice of the public service commission. if the office of auditor general is vacant or the holder of the office is for any reason unable to perform the functions thereof, the president, acting in accordance with the advice of the public service commission, may appoint a person to act in the office, and any person so appointed shall, subject to the provisions of paragraphs (3) and (4), continue to act until a person has been appointed to the office of the auditor general and has assumed the functions of that office or, as the case may be, until the holder thereof has resumed those functions. subject to the provisions of the next following paragraph, the auditor general shall vacate his or her office when he or she attains such age as may be prescribed by parliament. the provisions of article 225 (which relate to removal from office) shall apply to the office of auditor general, and the prescribed authority for the purposes of paragraph (4 of that article shall be the prime minister or the chairman of the public service commission and for the purposes of paragraph (6) of that article shall be the public service commission. 205. appointments of solicitor general and others the power to make appointments to the offices to which this article applies and t remove from office persons holding or acting in such offices shall vest in the president. before making an appointment under paragraph (1) in favour of any person who holds any public office other than an office to which this article applies, the president shall consult the appropriate commission. the offices to which this article applies are the offices of solicitor general, permanent secretary, secretary to the cabinet, ambassador, high commissioner or other principal representative of guyana in any other country or accredited to any international organisation. in paragraph (2) of this article "the appropriate commission" means, in the case of a person who holds an office power to make appointments to which is vested in the president acting in accordance with the advice of the judicial service commission or is vested in that commission, the judicial service commission, in the case of a person who is a teacher in the public service, the teaching service commission, in the case of a person who holds an office power to make appointments to which is vested in the president acting in accordance with the advice of the police service commission or is vested in that commission, the police service commission, and in any other case the public service commission. 206. appointments on transfer to certain offices the power to make appointments on transfer to the offices to which this article applies shall vest in the president. the offices to which this article applies areoffices (other than those to which the preceding article applies) the holders of which are required to reside outside guyana for the proper discharge of their functions; and such offices in the department responsible for the external affairs of guyana as may from time to time be designated by the president. the teaching service commission 207. composition of commission the teaching service commission shall consist of seven members. six of the members of the commission (hereinafter referred to as "appointed members") shall be appointed as follows[repealed by act no. 5 of 2001] one person appointed by the president on the nomination of the guyana teachers' association; two persons nominated for appointment by the minister assigned responsibility for local government after that minister has consulted with local democratic organs or bodies; and three persons appointed by the president after meaningful consultation with the leader of the opposition. the other member of the commission shall be the chief education officer. the chairperson and deputy chairperson of the commission shall be elected by and from the members of the commission using such consensual mechanism as the commission deems fit. a person shall be disqualified for appointment as an appointed member of the commission if he or she is a public officer. a person shall not while he or she is holding or is acting in the office of a member of the commission or within three years commencing with the date on which he or she last held or acted in that office be eligible for appointment as a teacher in the public service. the chairperson, the deputy chairperson and one other member designated as such in the instrument appointing him or her shall be full-time members of the commission. the president may grant leave of absence to any appointed member of the commission. an appointed member of the commission may at any time resign his or her office as such member by writing under his or her hand addressed to the president. an appointed member of the commission shall be eligible for re-appointment. 208. vacation of office of appointed member of the commission subject to the provisions of this article, the office of an appointed member of the commission shall become vacant at the expiration of three years from the date of his or her appointment or at such earlier time as may be specified in the instrument by which he or she was appointed. the provisions of article 225 (which relate to removal from office) shall apply to the office of an appointed member of the teaching service commission, and for the purposes of paragraphs (4) and (6) of that article the prescribed authority shall be the prime minister, except that, in relation to a member other than the chairman of the commission or a member for the time being acting in the office of chairman, the prescribed authority for the purposes of the said paragraph (6) shall be the chairman of the commission. the provisions of paragraph (2) shall be without prejudice to the power of the president to revoke the appointment of a member of the commission appointed under paragraph (2)(b) of article 207 on a request being made for such revocation to the president by the guyana teachers' association. 209. appointment of teachers subject to the provisions of this constitution, the power to appoint persons as teachers in the public service and to remove and to exercise disciplinary control over persons holding or acting in such offices shall vest in the teaching service commission. the teaching service commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its powers under paragraph (1) to any one or more of its members or, with the consent of the prime minister, to any public officer. where any power of the teaching service commission is exercised under paragraph (2), any person in respect of whom the power was exercised (including a person who has failed to obtain an appointment) may appeal to that commission from the decision of the person exercising the power. subject to the other provisions of this constitution, the decision of the teaching service commission on any appeal made under paragraph (3) shall be final. the police service commission 210. composition of commission the police service commission shall consist ofa chairman appointed by the president acting after meaningful consultation with the leader of the opposition from among members appointed under subparagraph (c); the chairman of the public service commission; four members appointed by the president upon nomination by the national assembly after it has consulted such bodies as appear to it to represent the majority of the members of the police force and any other such body it deems fit: provided that a person should be disqualified for appointment as a member of the commission if he or she is a public officer. subject to the provisions of the next following paragraph, the office of an appointed member of the police service commission shall become vacant at the expiration of three years from the date of his or her appointment or at such earlier time as may be specified in the instrument by which he or she was appointed. the provisions of article 225 (which relate to removal from office) shall apply to the office of an appointed member of the police service commission. in the case of an appointed member other than the chairman, the prescribed authority for the purposes of paragraph (4) of that article shall be the prime minister or the chairman and for the purposes of paragraph (6) of that article shall be the chairman. in the case of the chairman the prescribed authority for the purposes of paragraphs (4) and (6) of article 225 shall be the prime minister. if the office of an appointed member of the police service commission is vacant or if the holder thereof is for any reason unable to perform the functions of his or her office, the president, acting after meaningful consultation with the leader of the opposition, may appoint a person who is qualified to be appointed as a member of the commission to act in that office; any person so appointed shall, subject to the provisions of paragraph (3), continue to act until a person has been appointed to the office in which he or she is acting and has assumed the functions thereof or as the case may be, until the holder thereof resumes those functions. a person shall not, while he or she holds or is acting in the office of an appointed member of the police service commission or within a period of three years commencing with the date on which he or she last held or acted in that office, be eligible for appointment to or to act in any public office. 211. appointment, etc., of commissioner of police and deputy commissioners the commissioner of police and every deputy commissioner of police shall be appointed by the president acting after meaningful consultation with the leader of the opposition and chairperson of the police service commission after the chairperson has consulted with the other members of the commission. if the office of commissioner of police is vacant or if the holder thereof is for any reason unable to perform the functions of his or her office, a person may be appointed to act in that office and the provisions of the preceding paragraph shall apply to such an appointment as they apply to the appointment of a person to hold that office; and any person appointed to act in the office of commissioner of police shall, subject to the provisions of paragraphs (3) and (4), continue to act until a person has been appointed to that office and has assumed the functions thereof or, as the case may be, until the holder thereof resumes those functions . subject to the provisions of the next following paragraph, the commissioner of police shall vacate his or her office when he or she attains such age as may be prescribed by parliament. the provisions of article 225 (which relate to the removal from office) shall apply to the office of the commissioner of police, and the prescribed authority for the purposes of paragraph (4) of that article shall be the prime minister or the chairman of the police service commission and for the purposes of paragraph (6) of that article shall be the police service commission. the provisions of article 229 shall apply to resignation from the office of commissioner of police as they apply to resignation from an office established by this constitution. in this article references to the office of deputy commissioner of police are references to the office, however styled, that ranks next in seniority in the police force after the office of commissioner of police: provided that there may be more than one office of deputy commissioner of police and that, if there are more than one such office, the holders thereof shall rank among themselves according to the dates of their respective appointments. 212. appointment, etc., of other members of police force subject to the provisions of article 211(1), the power to make appointments to any offices in the police force of or above the rank of inspector, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the police service commission. the police service commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its powers under the preceding paragraph to any one or more members of the commission or to the commissioner of police or, in the case of the power to exercise disciplinary control, to any other member of the police force. the power to make appointments to any offices in the police force below the rank of inspector, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the commissioner of police. the commissioner of police may, by directions given in such manner as he or she thinks fit and subject to such conditions as he or she thinks fit, delegate any of his or her powers under the preceding paragraph to any other member of the police force. parliament may provide that, where the power to exercise disciplinary control over any member of the police force (including the power to remove him or her from office) has been exercised under this article by any person (hereinafter referred to as "the disciplinary authority") other than the police service commission, the member of the police force in respect of whom it was exercised may appeal from the decision of the disciplinary authority to the police service commission: provided that parliament or, in the case of a decision of the disciplinary authority that is made in the exercise of a power delegated to that authority under the preceding paragraph, the commissioner of police may require appeals to be made to the commissioner of police or a member of the police force of higher rank than the disciplinary authority before they are made to the police service commission. parliament may make provision with respect to offences against police force discipline and the punishment that may be imposed for any such offence, and any power to exercise disciplinary control (including any power to remove a person from office) or to determine an appeal from a decision to exercise such a power that is exercisable by any person or authority under the provisions of this article shall be exercised in accordance with any such provision. before the police service commission or any member of the commission or of the police force exercising powers under this article appoints to or to act in an office in the police force any person who holds or is acting in any office power to make appointments to which is vested under this constitution in the judicial, the public or the teaching service commission, the police service commission or that member shall consult the commission in which that power is vested. if provision is made by or under any lawaltering the ranks into which the police force established by the police act, is divided; or establishing a police force other than that police force, or altering the ranks into which any such other police force is divided, the police service commission may by order specify some rank (other than the rank of inspector) in the police force or, as the case may be, in that other police force as being equivalent to the rank of inspector as it exists in the police force under the law in force immediately before the commencement of this constitution and the references in paragraphs (1) and (3) to the rank of inspector shall then be construed as if they were, in relation to the police force, or, as the case may be, in relation to that other police force, references to the rank for the time being so specified. the ethnic relations commission 212a. ethnic relations commission there shall be an ethnic relations commission. 212b. composition of ethnic relations commission the ethnic relations commission shall consist ofnot less than five nor more than fifteen members nominated by entities, by a consensual mechanism determined by the national assembly, including entities, representative of religious bodies, the labour movement, the private business sector, youth and women after the entities are determined by the votes not less than two-thirds of all elected members of the national assembly; a member who shall be a nominee, without the right to vote, chosen by and from each of the following commissions to be established under this constitution, indigenous peoples' commission, woman and gender equality commission, commission for the rights of the child and human rights commission. the chairperson and deputy chairperson of the ethnic relations commission shall be elected by and from the members of the commission, other than the members mentioned in paragraph (1)(b), using such consensual mechanism as the commission deems fit. subject to paragraph (4)(a) , members of the ethnic relations commission shall be appointed for three years and shall be eligible for re-appointment. 4 of those members first appointed under paragraph (1)(a), a majority shall hold office for four years. of those members nominated under paragraph (1)(b), the duration which each shall serve shall, subject to paragraph (3), be determined by the commission by and from which that member is nominated. the ethnic relations commission shall establish a secretariat comprising its officer and employees. the ethnic relations commission shall appoint a chief executive officer, who shall serve as a secretary, and such other officers and employees as may be necessary for the efficient discharge of its functions, on such terms and conditions as may be determined by the commission, save that remuneration of the officers and employees shall be subject to the approval of the national assembly the provisions of article 225 shall apply to the office of a member of the ethnic relations commission, and for the purposes of paragraphs (4) and (6) of that article the prescribed authority shall be the speaker of the national assembly except that, in relation to a member other than the chairperson of the ethnic relations commission or a member for the time being acting in the office of the chairperson under the next following paragraph, the prescribed authority for the purposes of the said paragraph (6) shall be the chairperson of the ethnic relation commission. if the office of the chairperson of the ethnic relations commission is vacant or the holder thereof is of any reason unable to perform the functions of his or her office, then the holder of the office of the deputy chairperson, or if that office is vacant or the holder thereof is for any reason unable to perform the functions of the office of chairperson, such one of the other members, other than a member nominated under paragraph (1)(b), as the commission may appoint, shall act in the office of chairperson; and the deputy chairperson or such other member shall continue so to act until a person has been appointed to the office of chairperson and has assumed the functions of that office or, as the case may be, until the chairperson, or if a member other than the deputy chairperson is acting therein, the deputy chairperson has assumed or resumed those functions. if the office of a member of the ethnic relations commission, other than the chairperson is vacant or if the holder thereof is acting as chairperson under the preceding paragraph or is for any other reason unable to perform the functions of his or her office, a person may be appointed to act in that office and the provisions of paragraph (1) shall apply to such an appointment as they apply to the appointment of a person to hold the office of the member concerned; and any person appointed under this paragraph shall, subject to the provisions of paragraph (7), continue to act until a person has been appointed to the office in which he or she is acting and has assumed the functions thereof or, as the case may be, until the holder thereof resumed those functions. 212c. ethnic relations commission tribunal parliament may by law provide for the establishment of an ethnic relations commission tribunal and such law may make provisions forthe constitution of the tribunal; all matters relating to the jurisdiction, powers and duties of the tribunal; all matters relating to appeals from decisions of the tribunal including a right of appeal to the court of appeal on the points of law; and the practice and procedure of the tribunal. 212d. functions of the ethnic relations commission the functions of the ethnic relations commission are toprovide equality of opportunity between persons of different ethnic groups and to promote harmony and good relations between such persons; promote the elimination of all forms of discrimination on the basis of ethnicity; discourage and prohibit persons, institutions, political parties and associations from indulging in, advocating or promoting discrimination or discriminatory practices on the ground of ethnicity; foster a sense of security among all ethnic groups by encouraging and promoting the understanding, acceptance and tolerance of diversity in all aspects of national life and promoting full participation by all ethnic groups in the social, economic, cultural and political life of the people; promote educational and training programmes and research projects which provide for and encourage ethnic peace and harmony; encourage and create respect for religious, cultural and other forms of diversity in a plural society; promote arbitration, conciliation, meditation and like forms of dispute resolution in order to secure ethnic harmony and peace; establish mechanisms and procedures for arbitration, conciliation, mediation and like forms of dispute resolution that would ensure ethnic harmony and peace; recommend to the national assembly criteria to be considered for the purposes of deciding whether any person has committed acts of discrimination on the ground of ethnicity; investigate complaints of racial discrimination and make recommendations on the measure to be taken if such complaints are valid, and where there is justification therefor, refer matters to the human rights commission or other relevant authorities for further action to be taken; monitor and review all legislation and all administrative acts or omissions relating to or having implications for ethnic relations and equal opportunities and, from time to time, prepare and submit proposals for revision of such legislation and administrative acts and omissions; immediately report to the national assembly and to all relevant authorities any proposed legislation which the commission thinks may be contrary to the constitutional provisions relating to ethnicity; promote equal access by persons of all ethnic groups to all public or other services and facilities provided by the government or other bodies; promote and encourage the acceptance and respect by all segments of the society of the social identity and cultural inheritance of all ethnic groups; promote cooperation between all bodies concerned with the fostering of harmonious ethnic relations; investigate on its own accord or on request from the national assembly or any other body any issues affecting ethnic relations; identify and analyse factors inhibiting the attainment of harmonious relations between ethnic groups, particularly barriers to the participation of any ethnic group in social, economic, commercial, financial, cultural and political endeavours and recommend to the national assembly and any other relevant public or private sector bodies how these factors should be overcome; monitor and report to the national assembly on the status and success of implementation of its recommendations; study and make recommendations to the national assembly on any issue relating to ethnic affairs, including conducting studies to determine whether race relations are improving; monitor and make recommendations to the national assembly and other relevant public and private sector bodies on factors inhibiting the development of harmonious relations between ethnic groups and on barriers to the participation of all ethnic groups in social economic, commercial, financial, cultural and political life of the people; consult with other bodies and persons to determine and specify the perceived needs of various ethnic groups for the fostering of the harmonious relations; train and enlist the aid of such persons and acquire such facilities as the commission deems necessary to accomplish its functions; make recommendations on penalties, including the prevention of any political party or any person from participating in elections for a specified period, to be imposed for any breach of the provisions of this constitution or any law dealing with ethnicity; do all other acts and things as may be necessary to facilitate the efficient discharge of the functions of the commission. 212e. reports as soon as practicable after the end of each financial year of its operation, the ethnic relations commission shall submit to the speaker of the national assembly an annual report of the activities of the commission for the preceding year and the report shall be laid before the assembly within thirty days of its submission if the assembly is sitting, and if the assembly is not sitting, at the first meeting on the resumption of the assembly. the chairperson of the ethnic relations commission may at any time submit a special report to the speaker to the national assembly with respect to any aspect of the functions of the commission which the commission considers should in the national interest be bought to the attention of the assembly because it affects a wide cross section of the populace and there could be disastrous consequences if a report thereon is not brought to the attention of the assembly. the commission shall prepare and publish an executive summary of its annual report; and shall publish every special report in the media, having wide accessibility, within forty-five days of the submission of such special report of the national assembly. 212f. rules subject to the approval of the national assembly, the ethnic relations commission shall make rules relating to the procedure of the commission and to such administrative and managerial matters relating to the procedure of the commission as it thinks fit; and until such rules relating to the procedure are made, the commission shall regulate its own procedure. except paragraphs (2), (6) and (7) and the provisos to paragraphs (4) and (5), the provisions of article 226 shall mutatis mutandis apply to the ethnic relations commission. the rights commissions commissions for the promotion and enhancement of the fundamental rights and the rule of law 212g. rights commissions there are hereby established the following commissions, the goals of which are to strengthen social justice and the rule of lawthe human rights commission; the women and gender equality commission; the indigenous peoples' commission; the rights of the child commission. a commission shall be independent, impartial, and shall discharge its functions fairly. a commission shall be funded by a direct charge upon the consolidated fund in accordance with article 222a. 212h. appointment subject to paragraph (2)(a), members of a commission shall be appointed for three years and shall be eligible for re-appointment. of those membersfirst appointed, other than the members nominated by and from another commission, a majority shall hold office for four years; nominated by and from another commission, the duration for which each shall serve shall not exceed the remaining tenure on the commission by and from which they have been nominated; the provisions of article 225 shall apply to the office of a member of a commission, and for the purposes of paragraphs (4) and (6) of that article the prescribed authority shall be the speaker of the national assembly except that, in relation to a member other than the chairperson or a member for the time being acting in the office of the chairperson under paragraph (5), the prescribed authority for the purposes of paragraph (6) shall be the chairperson; this paragraph does not apply to the chairperson of the human rights commission. the chairperson and the deputy chairperson of a commission, other than the human rights commission, shall be elected by and from the members of the commission, other than the members nominated by and from another commission, using such consensual mechanism as the commission deems fit. if the office of chairperson of a commission, other than the human rights commission, becomes vacant or the holder thereof is for any reason unable to perform the functions of the office, then the holder of the office of the deputy chairperson, or if that office is vacant, or the holder thereof is for any reason unable to perform the functions of the office of the chairperson, one of the other members, other than the members nominated by and from another commission, may be elected to act in the office of chairperson; and the deputy chairperson or such other member shall continue to act until a person has been elected to the office of the chairperson and has assumed the functions of that office or, as the case may be, until the chairperson or if a member other than the deputy chairperson is acting therein , the deputy chairperson has assumed or resumed those functions. if the office of a member of a commission other than the chairperson is vacant or if the holder thereof is acting as chairperson under the preceding paragraph or is for any other reason unable to perform the functions of his or her office, a person may be appointed to act in that office and the provisions in relation of the appointment of members of a commission shall apply to such an appointment as they apply to the appointment of a person to hold the office of the member concerned; and any person appointed under this paragraph shall, subject to the provisions of paragraph (3), continue to act until a person has been appointed to the office in which he or she is acting and has assumed the functions thereof or, as the case may be until the holder thereof resumed those functions. 212i. secretariat the human rights commission secretariat shall be the secretariat for all the commissions established under article 212g(1). 212j. general functions in addition to the functions prescribed by this constitution, the functions of a commission, may be provided for by law; any addition thereto in the constitution shall be approved by the votes of a majority of all the elected members of the national assembly but the removal or variation of any function shall be by the votes of not less than two-thirds of such members. a commission, other than the human rights commission, shall have the following general functionsto monitor and review all existing and proposed legislation, policies and measure for compliance with the objects and matters under its purview and report the need for any amendment to any legislation to the national assembly; to educate the public regarding the nature and content of matters under its purview; to carry out or cause to be carried out research and studies concerning the observance of matters under its purview and report the findings and recommendations thereon to the national assembly; to investigate complaints of, or initiate investigations into, violations of the rights under its purview; to resolve disputes or rectify acts or omissions by mediation, conciliation or negotiation; to take appropriate action on behalf of persons whose rights have been, are being, or are likely to be violated; to liaise with government and nongovernmental organisations, and other relevant bodies to address the complaints and concerns of persons regarding matters under its purview; to enlist the aid of such persons as may be necessary to give expert advice in order to facilitate its functions; to prepare and submit reports to the national assembly pertaining to any convention, covenant or charter relating to the objects of a commission; and to do all other acts and things as may be necessary to facilitate the efficient discharge of its functions. a commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its functions to any one or more members of the commission, or such officers of the commission as the commission may determine. a commission may require any person or any entity, including a ministry or government department , to provide it with informationfor the purpose of any investigation it is carrying out or proposes to carry out; and on the measures that have been or are being taken for the implementation of the decisions of, or the compliance, with any provision relating to the commission. for the purposes of paragraph (4), parliament may by law make provision for offences and penalties for non-compliance with any requirement, or decision of, or provision relating to a commission. a commission may at any stage refer any matter to the human rights commission or any other relevant authority or entity to be dealt with. 212k. rights commissions tribunal parliament may by law provide for the establishment of a rights commissions tribunal and such law may make provision forthe constitution of the tribunal; all matters relating to the jurisdiction, powers and duties of the tribunal; all matters relating to appeals from decisions of the tribunal to the court of appeal; and the practice and procedure of the tribunal. 212l. appeals a decision of a commission is subject to an appeal to the rights commissions tribunal. a decision of the rights commissions tribunal is subject to an appeal to the court of appeal. 212m. reports as soon as practicable after the end of each year of its operation, a commission shall submit to the national assembly an annual report of the activities of the commission during the preceding year and the report shall be tabled in the assembly within thirty days of its submission if the national assembly is sitting, if not, at the first meeting of the assembly thereafter. the chairperson of a commission may at any time submit a special report to the national assembly with respect to any aspect of the functions of a commission which the commission considers should, in the national interest, be brought to the attention of the national assembly. for the purposes of paragraph (2) a matter is of national interest ifit affects a wide cross-section of the populace; and disastrous consequences would result if a report on the matter were not brought to the attention of the national assembly. a commission shall prepare and publish an executive summary of its annual report; provided that each special report shall be published in media having wide accessibility in guyana within forty-five days of its submission to the national assembly. the human rights commission 212n. human rights commission the human rights commission shall promote the observance of and respect for, and protect and investigate violations of the rights recognised by this constitution and any other law relating to equality of opportunity and treatment (hereinafter referred to as "the rights"). the human rights commission shall consist of a full time chairperson and such other members, to be appointed in accordance with this article. the chairperson of the human rights commission shall be a person who holds or has held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from such court or who is qualified to be appointed as any such judge, or any other fit and proper person with expertise or experience in human rights matters, to be appointed by the president from a list, not unacceptable to the president, of six person submitted by the leader of the opposition after meaningful consultation with such entities as appear to him or her to have expertise or experience in human rights matters: provided that if the leader of the opposition fails to supply such a list to the president, the president shall request him or her to do so within a stated period, failing which the president shall in his or her own deliberate judgment, appoint a person who holds or has held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from any such court or who is qualified to be appointed as any such judge. in addition to the chairperson , there shall be four members of the commission who shall be the chairpersons of the ethnic relations commission, women and gender equality commission, indigenous peoples' commission and rights of the child commission. the deputy chairperson of the human rights commission shall be elected by and from the other members of the commission using such consensual mechanism as the commission deems fit. if the office of chairperson of the commission becomes vacant, or the holder thereof is for any reason unable to perform the functions of the office, then the holder of the office of the deputy chairperson, or if that office is vacant or the holder thereof is for any reason unable to perform the functions of the office of chairperson, one of the other members may be elected to act in the office of chairperson; and the deputy chairperson or such other member shall continue so to act until a person has been appointed to the office of chairperson and has assumed the functions of that office or, as the case maybe, until the chairperson or if a member other than the deputy chairperson is acting therein, the deputy chairperson has assumed or resumed those functions. the president may, with the concurrence of the leader of the opposition, remove the chairperson from office. 212o. functions of the human rights commission the functions of the human rights commission are tomonitor the observance of the international instruments to which the government accedes from time to time, including those already acceded to and specified in the fourth schedule; monitor and assess compliance with the rights and report the need for any amendment of the law relating thereto to the national assembly; educate the public regarding the nature and content of the rights; make recommendations to any person or any entity, including a ministry or government department, relating to matters affecting compliance with and adoption of measures for the promotion of the rights; carry out or cause to be carried out research and studies concerning the observance of the rights and report the findings and recommendations thereon to the national assembly; monitor and review all existing and proposed legislation, policies and measures for compliance with the rights and report the need for any amendment to any legislation to the national assembly; investigate complaints of, or initiate investigations into, violations of the rights; resolve disputes or rectify acts or omissions by mediation, conciliation or negotiation; liaise with governmental and nongovernmental organisations, and other relevant bodies to address the complaints and concerns of persons regarding matters under its purview; take appropriate action on behalf of persons whose rights have been, are being or are likely to be violated; enlist the aid of such persons as may be necessary to give expert advice in order to facilitate its functions; establish as part of its secretariat, such units as are necessary for, inter alia, the purpose of monitoring compliance with the laws relating to the rights, and for educating employers in the public and private sector and the general public on desirable employment practices; prepare and submit reports to the national assembly pertaining to any convention, covenant or charter relating to the objects of the commission; and do all other acts and things as may be necessary to facilitate the efficient discharge of the functions of the commission. if any person alleges that any of the rights has been, is being or is likely to be contravened in relation to him or her, then, without prejudice to any other action which is lawfully available to him or her, with respect to the same matter, the commission shall have the power to institute legal action on behalf of the complainant for redress. 212p. secretariat each commission established under article 212g(1) shall appoint on such terms and conditions as may be approved by the national assembly, a chief executive officer (who shall serve as its secretary), and the secretary and assistants to the chief executive officer. the human rights commission shall be responsible for the efficient functioning of the secretariat of the commissions, which shall comprisethe chief executive officers of the commissions who shall be directors in the secretariat; the secretaries and assistants to the chief executive officers; and other officers and employees, as may be necessary for the efficient discharge of the functions of the secretariat, who shall be appointed on such terms and conditions as may be determined by the commission. the secretariat shall be subdivided into four units, there being a unit for each commission dealing with issues under the purview of that commission and headed by its chief executive officer. before a commission appoints to act in any office referred to in paragraph (1) or (2) any person who holds or is acting in any office, power to make appointments to which is vested under this constitution in the judicial, the teaching, the police or the public service commission, the commission shall first seek and obtain the approval of the commission in which that power is vested. where a public officer is appointed to an office referred to in paragraph (1) or (2) that officer shall, subject to the said paragraph (1) or (2), remain a public officer unless the appointing commission determines that that office shall be independent of the commission from which he or she has been appointed. nothing in this article shall be construed as precluding a commission from appointing any person who is not a public officer to an office referred to in paragraph (1) or (2). the emoluments and allowances payable to the members of a commission shall be proposed by the parliamentary sectoral committee for social services in consultation with the commission and approved by the national assembly. the women and gender equality commission 212q. women and gender equality commission the women and gender equality commission shall promote national recognition and acceptance that women's rights are human rights, respect for gender equality and the protection, development and attainment of gender equality. the women and gender equality commission shall consist of persons from each of the categories referred to in subparagraphs (a) ,(b) and (c), appointed by the president as followsnot less than five nor more than fifteen members, with expertise in women's and gender equality issues, nominated by entities, by a consensual mechanism determined by the national assembly, after the entities which shall include the women's advisory committee of the trade union congress, are determined by the votes of not less than two-thirds of all the elected members of the national assembly; the administrator of the women's affairs bureau, by whatever name that office is designated; and a member who shall be a nominee, without the right to vote, chosen by and from each of the following commissions: the human rights commission, ethnic relations commission, indigenous peoples' commission, and rights of the child commission. 212r. functions of the women and gender equality commission in addition to the functions specified in article 212j(2), the functions of the women and gender equality commission are topromote the issues related to the enhancement of the status of women, girls and gender issues; promote the integration of women's needs and interests and mainstreaming of gender issues; promote the empowerment of women; promote women's rights as human rights; raise the awareness of the contribution of women and problems faced by women including the recognition and value of unwaged work; promote women's needs, interests, and concerns in the wider spectrum of economic and social development and address both the practical and strategic needs of women as being different from those of men; educate and monitor employers and the public on desirable employment practices in relation to women; monitor compliance and make recommendations for the compliance with international instruments to which the government accedes from time to time, including those already acceded to and which relate to the purpose of the commission; evaluate any system of personal and family law, customs and practices or any law likely to affect gender equality or the status of women and make recommendations to the national assembly with regard thereto; recommend and promote the implementation of legislation and the formulation of policies and measures so as to enhance and protect the status of women; promote, initiate or cause to be carried out research and the creation of databases on women and gender related issues including those of health, especially reproductive health, violence against women and the family, and their socio-economic and political status, as the commission may deem relevant or as may be referred to it by the national assembly; promote consultation and cooperation with women's organisations in relation to decision-making that affects the lives of women; recommend training and technical assistance to support initiatives by and for women and girls; and promote the participation of women in national decision-making. the indigenous peoples commission 212s. indigenous peoples' commission the indigenous people s' commission shall establish mechanisms to enhance the status of indigenous peoples and to respond to their legitimate demands and needs. the indigenous peoples' commission shall consist of persons of the categories referred to in sub-paragraphs (a) , (b) and (c) appointed by the president as followsnot more than ten members nominated by entities, by a consensual mechanism determined by the national assembly, after the entities are determined by the votes of not less than two-thirds of all elected members of the national assembly; three persons, at least one being a woman nominated by the toshaos council and two persons including one woman nominated by amerindian organisations determined by the votes of not less than two-thirds of all elected members of the national assembly; and a member who shall be a nominee, without the right to vote, chosen by and from each of the following commissions: the human rights commission, ethnic relations commission, women and gender equality commission and the rights of the child commission. 212t. functions of the indigenous peoples' commission in addition to the functions specified in article 212j (2) the functions of the indigenous peoples' commission are topromote and protect the rights of the indigenous peoples; raise awareness of the contribution of, and problems faced by, indigenous peoples; promote empowerment of the indigenous peoples, especially with regard to the village council in the local government system and the scope and authority of the council of toshaos; make recommendations on economic and education policies to advance the interest of the indigenous peoples; make recommendations for the protection, preservation and promulgation of the cultural heritage and language of the indigenous peoples; promote consultation and cooperation with indigenous peoples especially with regard to their participation in national decision-making and other decisions that affect their lives; recommend and promote training and technical assistance to support initiative by and for indigenous peoples; educate employers and the public and make recommendations to improve employment practices related to indigenous peoples; and monitor the need for and recommend where appropriate the establishment of mechanisms to provide counselling for indigenous peoples. the rights of the child commission 212u. rights of the child commission the rights of the child commission shall promote initiatives that reflect and enhance the well-being and rights of the child. the rights of the child commission shall consist of persons from each of the categories referred to in subparagraphs (a) and (b) appointed by the president as followsnot less than five nor more than fifteen members, with expertise in issues affecting children, nominated by entities, by a consensual mechanism determined by the national assembly, after the entities which shall include the ministry with responsibility for children's affairs, the ministry of education, and organisations representing the interests of youth, are determined by the votes not less than two-thirds of all elected members of the national assembly; and a member who shall be a nominee, without the right to vote, chosen by and from each of the following commissions: the human rights commission, ethnic relations commission, women and gender equality commission and indigenous peoples' commission. 212v. functions of the rights of the child commission in addition to the functions specified in article 212j (2) the functions of the rights of the child commission are topromote the rights and interests of, and respect for the views of, children; ensure that the rights and interests of children are taken into account at all levels of government. other public bodies, and private organisations when decisions and policies affecting children are taken; monitor compliance and make recommendations for the compliance with international instruments to which the government accedes from time to time, including those already acceded to and which relate to the purpose of the commission; consult on and participate in the preparation of the annual report on the rights of the child to be submitted by the government to the united nations committee on the rights of the child; ensure that children have effective means of redress if their rights are being violated; monitor, evaluate and make recommendations on policies, procedures and practices of organisations, bodies and institutions in order to promote the rights of the child. the public procurement commission 212w. public procurement commission there shall be a public procurement commission the purpose of which is to monitor public procurement and the procedure therefor in order to ensure that the procurement of goods, services and execution of works are conducted in a fair, equitable, transparent competitive and cost effective manner according to law and such policy guidelines as may be determined by the national assembly. the commission shall be independent, impartial, and shall discharge its functions fairly. 212x. composition of the public procurement commission the public procurement commission shall consist of five members who shall have expertise and experience in procurement, legal, financial and administrative matters. the president shall appoint the members of the commission after such members have been nominated by the public accounts committee and approved by not less than two-thirds of the elected members of the national assembly. 212y. appointment subject to paragraph (2), members of the commission shall be appointed for three years and shall be eligible for re-appointment, for one other term of office, not earlier than three years after the end of their first term. of those members first appointed, two shall hold office for four years. the chairperson and deputy chairperson of the commission shall be elected by and from the members of the commission using such consensual mechanism as the commission deems fit. the provisions of article 225 shall apply to the office of a member of the commission, and for the purpose of paragraphs (4) and (6) of that article the prescribed authority shall be the speaker of the national assembly except that, in relation to a member other than the chairperson or a member for the time acting in the office of the chairperson under the next following paragraph, the prescribed authority for the purposes of paragraph (6) shall be the chairperson. if the office of chairperson of the commission is vacant or the holder thereof is for any reason unable to perform the functions of the office, then the holder of the office of deputy chairperson, or if that office is vacant, or the holder thereof is for any reason unable to perform the functions of the office of chairperson, one of the other members. may be elected to act in the office of chairperson; and the deputy chairperson or such other member shall continue so to act until a person has been elected to the office of chairperson and has assumed the functions of that office or, as the case may be, until the chairperson or if a member other than the deputy chairperson is acting therein, the deputy chairperson has assumed or resumed those functions. if the office of a member of the commission other than the chairperson is vacant or if the holder thereof is acting as chairperson under the preceding paragraph or is for any other reason unable to perform the functions of his or her office, a person may be appointed to act in that office and the provisions in relation to the appointment of members of the commission shall apply to such an appointment as they apply to the appointment of a person to hold the office of the member concerned; and any person appointed under this paragraph shall, subject to the provisions of paragraph (4), continue to act until a person has been appointed to the office in which he or she is acting and has assumed the functions thereof or, as the case may be, until the holder thereof resumes those functions. 212z. secretariat the commission shall establish a secretariat comprising its officer and employees. the commission shall appoint a chief executive officer. who shall serve as secretary, and such other officers and employees as may be necessary for the efficient discharge of its functions. the terms and conditions of the appointment of the chief executive officer and the two most senior officers shall be subject to the approval of the national assembly. the chief executive officer shall be under the direction and control of the commission and he or she shall be responsible for the other officers and employees of the commission who shall directly report to him or her. the chief executive officer may, as directed by the commission, attend meetings of public procurement bodies. before the commission appoints to act in any office referred to in paragraph (2) any person who holds or is acting in any office, power to make appointments to which is vested under this constitution in the judicial, the teaching, the police or the public service commission, the commission shall first seek and obtain the approval of the commission in which that power is vested. where a public officer is appointed to an office referred to in paragraph (2) that officer shall, subject to the said paragraph (2). remain a public officer unless the commission determines that office shall be independent of any other commission. nothing in this article shall be construed as precluding the commission from appointing any person who is not a public officer to an office referred to in paragraph(2). the emoluments and allowances payable to the members of the commission shall be determined by the public accounts committee in consultation with the commission. 212aa. functions of the public procurement commission the functions of the public procurement commission are tomonitor and review the functioning of all public procurement systems to ensure that they are in accordance with law and such policy guidelines as may be determined by the national assembly; promote awareness of the rules, procedures and special requirements of the procurement process among suppliers, constructors and public bodies; safeguard the national interest in public procurement matters, having due regard to any international obligations; monitor the performance of procurement bodies with respect to adherence to regulations and efficiency in procuring goods and services and execution of works; approve of procedures for public procurement, disseminate rules and procedures for public procurement and recommend modifications thereto to the public procurement entities; monitor and review all legislation, policies and measures for compliance with the objects and matters under its purview and report the need for any legislation to the national assembly; monitor and review the procurement procedures of the ministerial, regional, and national procurement entities as well as those of project execution units; investigate complaints from suppliers, contractors and public entities and propose remedial action; investigate cases of irregularity and mismanagement, and propose remedial action; initiate investigations to facilitate the effective functioning of public procurement systems; enlist the aid of such persons, as may be necessary, to assist the commission with expert advice; liaise with and refer matters to the police and the auditor general; and do all other acts and things as may be necessary to facilitate the efficient discharge of the functions of the commission. in addition to the functions prescribed in this constitution, the functions of the commission may be provided for by law; any addition thereto in the constitution shall be approved by the votes of a majority of all the elected members of the national assembly but the removal or variation of any function shall be by the votes of not less than two-thirds of such members. the commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its functions to any one or more members of the commission, or to such officers of the commission as the commission may determine. 212bb. appeals a decision of the commission is subject to an appeal to the tribunal established under article 212 ee. a decision of the tribunal is subject to an appeal to the court of appeal. 212cc. reports as soon as practicable after the end of each year of its operation, the commission shall submit to the national assembly an annual report of the activities of the commission during the preceding year and the report shall be tabled in the assembly within thirty days of its submission if the assembly is sitting, if not, at the first meeting of the assembly thereafter. the chairperson of the commission may at any time submit a special report to the national assembly with respect to any aspect of the functions of the commission which the commission considers should, in the national interest, be brought to the attention of the national assembly. for the purposes of paragraph (2) a matter is of national interest ifit affects a wide cross-section of the populace; and disastrous consequences would follow if a report on the matter were not bought to the attention of the assembly. the commission shall prepare and publish an executive summary of its annual report; and shall publish every special report in media having wide accessibility in guyana within forty-five days of the submission of such special report to the national assembly. 212dd. requirement to provide information the commission may require any person, or any entity, including a ministry or government department, to provide it with informationfor the purposes of any investigation it is carrying out or proposes to carry out; and on the measures that have been or are being taken for the implementation of the decisions of, or the compliance with any provision relating to, the commission. for the purposes of paragraph(1), parliament may by law make provision for offences and penalties for non-compliance with any requirement, or decision of, or provision relating to the commission. 212ee. public procurement commission tribunal parliament may by law provide for the establishment of a public procurement commission tribunal and such law may make provision forthe constitution of the tribunal; all matters relating to the jurisdiction, powers and duties of the tribunal; all matters relating to appeals from decisions of the tribunal to the court of appeal; and the practice and procedure of the tribunal. principles for the establishment of commissions 212ff. principles for the establishment of commission the standing committee for constitutional reform shall, in addition to its functions under article 119a, continually review the operations of and the need for existing commissions and for the establishment of new commissions, applying the following considerationsthe issues to be addressed by a commission must be of national interest or affect a wide cross-section of the populace; there could be disastrous consequences for the society and the country at large if the issues are not attended to and monitored; there is the assessment that it is important that political interference be eschewed in relation to the issues to be addressed; the operating procedures and mechanisms for choosing the members of a commission are such as would minimise the influence of the executive and maximise public perception of impartiality in the operations of the commission; in accordance with the need for efficiency and cost-effectiveness, commissions should be kept small and be staffed by persons of appropriate skill and experience; where commissions, especially those of a protective nature as opposed to administrative commissions. are established to address similar issues, the limitations of human and financial resources should be considered and common secretariats should be established. pensions 213. protection of pension rights subject to the provisions of the next following article, the law applicable to any benefits to which this article applies shall, in relation to any person who has been granted, or who is eligible for the grant of, such benefits, be that in force on the relevant date or any later law that is not less favourable to that person. in the preceding paragraph "the relevant date" meansin relation to any benefits granted before the commencement of this constitution the date on which those benefits were granted; in relation to any benefits granted or to be granted after the commencement of this constitution to or in respect of any person who was a public officer before such commencement, the day immediately preceding such commencement; and in relation to any benefits granted or to be granted to or in respect of any person who becomes a public officer after the commencement of this constitution, the date on which he or she becomes a public officer. where a person is entitled to exercise an option as to which of two or more laws shall apply in his or her case, the law specified by him or her in exercising the option shall, for the purposes of this article, be deemed to be more favourable to him or her than the other law or laws. any benefit to which this article applies (not being a benefit that is a charge upon some other public funds of guyana) shall be a charge upon the consolidated fund. in this article references to the law applicable to any benefits to which this article applies include (without prejudice to their generality) references to any law relating to the time at which and the manner in which any person may retire in order to become eligible for those benefits. 214. power of commissions in relation to pensions, etc where under any law any person or authority has a discretionto decide whether or not any benefits to which this article applies shall be granted; or to withhold, reduce in amount or suspend any such benefits that have been granted, those benefits shall be granted and may not be withheld, reduced in amount or suspended unless the appropriate commission concurs in the refusal to grant the benefits or, as the case may be, in the decision to withhold them, reduce them in amount or suspend them. where the amount of any benefits to which this article applies that may be granted to any person is not fixed by law, the amount of the benefits to be granted to him or her shall be the greatest amount for which he or she is eligible unless the appropriate commission concurs in his or her being granted benefits of a smaller amount. the appropriate commission shall not concur under paragraph (1) or paragraph (2) in action taken on the ground that any person who holds or has held the office of a judge of the supreme court of judicature, director of public prosecutions, auditor general or commissioner of police has been guilty of misbehaviour unless he or she has been removed from office by reason of such misbehaviour. in this article "the appropriate commission" meansin the case of benefits for which any person may be eligible or that have been granted in respect of the service in the public service of a person who, immediately before he or she ceased to be a public officerwas a judge of the supreme court of judicature, or was the director of public prosecutions and provision was then in force under article 203(6), or was subject to the disciplinary control of the judicial service commission, the judicial service commission; was a teacher in the public service, the teaching service commission; was the commissioner of police or other member of the police force, the police service commission; and in any other case, the public service commission. 215. interpretation the preceding two articles apply to any benefits that are or may become payable under any law providing for the grant of pensions, compensation, gratuities or other like allowances to persons in respect of their service as public officers or to the widows, children, dependants or personal representatives of such persons in respect of such service. the said two articles and paragraph (1) of this article shall have effect as if service as a judge of the supreme court of judicature or as the clerk or deputy clerk of the national assembly were service in the public service. public service appellate tribunal 215a. establishment and functions of the public service appellate tribunal parliament may, by law, provide for the establishment of a public service appellate tribunal (hereafter in this article referred to as the "tribunal") consisting of a chairman and such number of other members, being not less than two, as may be provided by that law. the chairman of the tribunal shall be appointed by the president by instrument in writing and shall be a person whoholds or has held the office of a judge of the court of appeal; or is qualified to be appointed as a judge of the court of appeal and holds or has held the office of a judge of the high court. a person shall be disqualified for appointment as a member of the tribunal if he or she is a member of the public service commission, the teaching service commission or the police service commission or is a public officer. a person shall not, while he or she holds the office of a member of the tribunal or within a period of three years commencing with the date on which he or she last held that office, be eligible for appointment to, or act in, any office power to make appointments to which is vested by this constitution inthe president acting in accordance with the advice of, or after consultation with, the public service commission or the police service commission; or the public service commission, the teaching service commission or the police service commission. where a tribunal has been established under paragraph (1), an appeal shall lie to the tribunal, subject to such conditions (if any) as may be specified by or under the law by which it is established, in respect of any matter so specified, being a matter in respect of which the public service commission, the teaching service commission, the police service commission or the commissioner of police is empowered to make a decision under any provision of this constitution: provided that no appeal shall lie to the tribunalfrom any decision of the public service commission or the police service commission in respect of appointment to any office to which article 225 applies or in respect of any matter concerning any person holding, or acting in, any such office; from any decision of the public service commission, the teaching service commission or the police service commission in respect of any appointment, in a case where such appointment is required by this constitution to be made after consultation with such commission; and from any decision of the public service commission in respect of any matter referred to in article 201(6) to which the judicial service commission has concurred. subject to the provisions of this constitution, the law referred to in paragraph (1) may make, or authorise the making of, provisions with respect to all matters connected with the tribunal. without prejudice to the generality of the provisions of the preceding paragraph, but subject to the provisions of this article, such law may, in particular, make, or authorise the making of, provisions for all or any of the following mattersthe constitution of the tribunal; the terms and conditions of the appointment of the members of the tribunal and the qualifications and disqualifications for such appointment; the matters in respect of which, and the persons by whom, an appeal to the tribunal may be brought and all other matters relating to the jurisdiction, powers and duties of the tribunal; the manner in which and the conditions, if any, subject to which an appeal to the tribunal may be brought, including conditions with respect to the time within which the appeal may be brought and the fee payable in respect of the appeal or any application made to the tribunal; and the practice and procedure of the tribunal. the provisions of article 225 (which relate to removal from office) shall apply to the office of the chairman of the tribunal, and for the purposes of paragraphs (4) and (6) of that article the prescribed authority shall be the prime minister. for the avoidance of doubt it is hereby declared that the prohibition in article 226(6) against enquiry in any court into the question referred to therein shall not apply to proceedings before the tribunal. save as otherwise provided by parliament by law, the public service commission, the teaching service commission, the police service commission, the commissioner of police, every person to whom any power of any of the aforesaid commissions or of the commissioner of police has been delegated and every public officer, whether or not he or she is a person to whom any such power has been delegated, and authority shall give effect as expeditiously as possible to the decision of the tribunal on any appeal brought to it or any application made to it. in deciding any question arising in an appeal brought to the tribunal or an application made to it, no member of the tribunal shall be subject to the direction or control of any other person or authority. any question whetherthe tribunal or any bench thereof has validly performed any function vested in it by or under this constitution; or any member of the tribunal or any other person has validly performed any function in relation to the work of the tribunal, shall not be enquired into in any court. title 8. finance 216. establishment of consolidated fund all revenues or other moneys raised or received by guyana (not being revenues or other moneys that are payable, by or under an act of parliament, into some other fund established for any specific purpose or that may, by or under such an act, be retained by the authority that received them for the purpose of defraying the expenses of that authority) shall be paid into and form one consolidated fund. 217. withdrawals from consolidated fund or other public funds no moneys shall be withdrawn from the consolidated fund exceptto meet expenditure that is charged upon the fund by this constitution or by any act of parliament; or where the issue of those moneys has been authorised by an appropriation act; or where the issue of those moneys has been authorised under article 219. where any moneys are charged by this constitution or any act of parliament upon the consolidated fund or any other public fund, they shall be paid out of that fund by the government of guyana to the person or authority to whom payment is due. no moneys shall be withdrawn from any public fund other than the consolidated fund unless the issue of those moneys has been authorised by or under an act of parliament. parliament may prescribe the manner in which withdrawals may be made from the consolidated fund or any other public fund. 218. authorisation of expenditure from consolidated fund by appropriation the minister responsible for finance or any other minister designated by the president shall cause to be prepared and laid before the national assembly before or within ninety days after the commencement of each financial year estimates of the revenues and expenditure of guyana for that year. when the estimates of expenditure (other than expenditure charged upon the consolidated fund by this constitution or any act of parliament) have been approved by the assembly a bill, to be known as an appropriation bill, shall be introduced in the assembly, providing for the issue from the consolidated fund of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified therein. if in respect of any financial year it is foundthat the amount appropriated by the appropriation act for any purpose is insufficient or that a need has arisen for expenditure for a purpose for which no amount has been appropriated by that act; or that any moneys have been expended for any purpose in excess of the amount appropriated for that purpose by the appropriation act or for a purpose for which no amount has been appropriated by that act, a supplementary estimate or, as the case may be, a statement of excess showing the sums required or spent shall be laid before the assembly by the minister responsible for finance or any other minister designated by the president. 219. authorisation of expenditure in advance of appropriation parliament may make provision under which, if the appropriation act in respect of any financial year has not come into operation by the beginning of that financial year, the minister responsible for finance may authorise the withdrawal of moneys from the consolidated fund for the purpose of meeting expenditure necessary to carry on the services of the government of guyana until the expiration of four months from the beginning of that financial year or the coming into operation of the act, whichever is the earlier. where a supplementary estimate or statement of excess is laid before the national assembly under paragraph (3) of the preceding article or paragraph (2) of the next following article and is approved by the assembly by resolution, that resolution shall be authority for the issue of the sums in question from the consolidated fund, but the aggregate sums the issue of which is so approved shall be included, under appropriate heads, in a supplementary appropriation bill. where at any time parliament has been dissolved before any provision or any sufficient provision is made under this title for the carrying on of the government of guyana, the minister responsible for finance may authorise the withdrawal of such sums from the consolidated fund as he or she may consider necessary for the purpose of meeting expenditure on the public services until the expiry of a period of three months commencing with the date on which the national assembly first meets after that dissolution, but a statement of the expenditure so authorised shall, as soon as practicable, be laid before the assembly by the minister responsible for finance or any other minister designated by the president and, when the statement has been approved by the assembly, that expenditure shall be included, under the appropriate heads, in the next appropriation bill. 220. contingencies fund parliament may make provision for the establishment of a contingencies fund and for authorising the minister responsible for finance to make advances from that fund if he or she is satisfied that there is an urgent need for expenditure for which no other provision exists. where any advance is made from the contingencies fund a supplementary estimate shall, as soon as practicable be laid before the national assembly by the minister responsible for finance or any other minister designated by the president for the purpose of authorising the replacement of the amount so advanced. 221. public debt the public debt of guyana and the service of that debt (including the interest on that debt, sinking funds payments and redemption moneys in respect of that debt and costs, charges and expenses of and incidental to the management of that debt) are hereby charged on the consolidated fund. 222. remuneration of holders of certain offices there shall be paid to the holders of the offices to which this article applies such salaries and such allowances as may be prescribed by or under any law or, in the case of the clerk and deputy clerk of the national assembly, as may be determined under article 158(4). the salaries and allowances payable to the holders of the offices to which this article applies are hereby charged on the consolidated fund. the salary and allowances payable to the holder of any office to which this article applies and his or her other terms of service shall not be altered to his or her disadvantage after his or her appointment, and, for the purposes of this paragraph, in so far as the terms of service of any person depend upon the option of that person, the terms for which he or she opts shall be taken to be more advantageous to him or her than any other terms for which he or she might have opted. this article applies to the offices of president, speaker, deputy speaker, clerk and deputy clerk of the national assembly, any judge of members of the elections commission, the judicial service commission, the public service commission, the teaching service commission or the police service commission, the ombudsman, the director of public prosecutions, the auditor general and the commissioner of police. 222a. overarching clause on financial autonomy in order to assure the independence of the entities listed in the third schedulethe expenditure of each of the entities shall be financed as a direct charge on the consolidated fund, determined as a lump sum by way of an annual subvention approved by the national assembly after a review and approval of the entity's annual budget as a part of the process of the determination of the national budget; each entity shall manage its subvention in such manner as it deems fit for the efficient discharge of its functions, subject only to conformity with the financial practices and procedures approved by the national assembly to ensure accountability; and all revenues shall be paid into the consolidated fund; the terms and conditions applicable to grants and donations destined for the entities shall be approved by, and disbursements shall be made through, such appropriate government agency or department as determined by the national assembly. 223. office and functions of auditor general there shall be an auditor general for guyana, whose office shall be a public office. the public accounts of guyana and of all officers and authorities of the government of guyana (including the commissions established by this constitution) and the accounts of the clerk of the national assembly and of all courts in guyana shall be audited and reported on by the auditor general, and for that purpose the auditor general or any person authorised by him or her in that behalf shall have access to all books, records, returns and other documents relating to those accounts. the auditor general shall submit his or her reports to the speaker of the national assembly, who shall cause them to be laid before the national assembly. in the exercise of his or her functions under this constitution, the auditor general shall not be subject to the direction or control of any person or authority. the public accounts committee may exercise general supervision over the functioning of the office of the auditor general in accordance with the rules, policies and procedures manual for the functioning of the office of the auditor general as prepared by the auditor general and approved by the public accounts committee. the auditor general shall prepare and submit to the public accounts committee reports, on a quarterly basis, on the performance and operation of the office of the auditor general. the auditor general shall submit annually a copy of an annual systems and financial audit report with respect to the office of the auditor general to the public accounts committee. in this article"public accounts committee" means the public accounts committee established by order 70(2) of the standing orders of the national assembly; and "public accounts of guyana" includes the accounts ofall central and local government bodies and entities; all bodies and entities in which the state has a controlling interest; and all projects funded by way of loans or grants by any foreign state or organisation. title 9. miscellaneous 224. rules of court where under this constitution any provision may be made by rules of court, rules for the purpose may be made by the authority for the time being empowered generally, by law in force in guyana, to make rules of court in relation to civil proceedings in the high court or, in so far as the provision relates to the bringing of any appeal to, or the institution of other proceedings in, or the practice and procedure of, the court of appeal, by the authority so empowered in relation to civil proceedings in that court. 225. removal from office of certain persons where it is provided in this constitution that this article shall apply to any office, a person holding such office (in this article referred to as "the office") shall not be removed therefrom or suspended from the exercise of the functions thereof except in accordance with the provisions of this article; and the prescribed authority for the purpose of paragraph (4) or (6) shall, in relation to any office, be the authority prescribed for that purpose by the provision of this constitution by which this article is applied to that office. the officer may be removed from office only for inability to discharge the functions of his or her office (whether arising from infirmity of body or mind or any other cause whatsoever) or for misbehaviour. the officer shall be removed from office by the president if the question of his or her removal from office has been referred to a tribunal appointed under this article and the tribunal has recommended to the president that the officer ought to be removed from office for inability as aforesaid or for misbehaviour. if the prescribed authority advises the president that the question of removing the officer from office under this article ought to be investigated thenthe president shall act in accordance with the advice of the judicial service commission, in appointing a tribunal which shall consist of a chairman and not less than two other members, selected by the judicial service commission from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the commonwealth or a court having jurisdiction in appeals from any such court or who are qualified to be admitted to practise in guyana as attorneys-at-law and have been so qualified for such period as is prescribed by parliament for the purposes of subparagraph (b) of article 129 (1) in relation to the office of puisne judge; and that tribunal shall enquire into the matter and report on the facts thereof to the president and recommend to him or her whether the officer ought to be removed under this article. the provisions of the commissions of inquiry act as in force immediately before the commencement of this constitution shall, subject to the provisions of this article and of article 197(9), apply as nearly as may be in relation to tribunals appointed under this article, or, as the context may require, to the members thereof as they apply in relation to commissions or commissioners appointed under that act, and in such application shall have effect as if they formed part of this constitution. if the question of removing the officer from office has been referred to a tribunal under this article, the president, acting in accordance with the advice of the prescribed authority, may suspend the officer from performing the functions of his or her office, and any such suspension may at any time be revoked by the president, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the president that the officer should not be removed from office. 226. powers and procedure of commissions save as otherwise provided in this constitution, in the exercise of its functions under this constitution a commission shall not be subject to the direction or control of any other person or authority. subject to affirmative resolution of the national assembly, a commission shall make rules, relating to the procedure of the commission; and until such rules are made, the commission shall regulate its own procedure. a commission may, subject to the next following paragraph, act notwithstanding any vacancy in its membership or the absence of any member , and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings. any question for decision by a commission shall be determined by a majority of the votes of the members of the commission present and voting at a meeting of the commission at which a quorum is present, and if on any question the votes are equally divided the chairman or other member presiding shall have a casting vote in addition to his or her original vote: provided that, where the votes are equally divided on the question whether any power to remove a public officer from his or her office should be exercised, the chairman or other member presiding shall not have a casting vote and the commission shall be deemed to have decided that that power should not be exercised. for the purposes of the preceding paragraph a quorum shall consist, in the case of the elections commission, of the chairman and not less than four members, two of whom have been appointed by the president in his or her own deliberate judgment and two from among members appointed on the advice of the leader of the opposition tendered in accordance with article 161(3)(b): provided that if at any stage of a duly summoned meeting a quorum is not present, due to the absence of members therefromwithout just cause, such just cause being determined by the chairman, the meeting shall stand adjourned to a day not later than two calendar days; or in the case of the declaration of the results of the election of the president, the meeting shall stand adjourned to the following day, at the same time and place and notice of such adjournment shall be given to the absent members, and if at the adjourned meeting a quorum is not present, the members then present, being not less than four including the chairman, shall be deemed to constitute a quorum and any decision made at that or any such meeting shall be valid in law and binding. any question whethera commission has validly performed any function vested in it by or under this constitution; any member of a commission or any other person has validly performed any function delegated to such member or person by a commission in pursuance of the provisions of this constitution; or any member of a commission or any other person has validly performed any other function in relation to the work of the commission or in relation to any such function as is referred to in the preceding subparagraph, shall not be enquired into in any court. in this article, except as otherwise provided or required by the context, the expression "commission" means the elections commission, the judicial service commission, the public service commission, the teaching service commission, or the police service commission: provided that (without prejudice to the power of parliament to make provision in relation to the functions of the elections commission) in the preceding paragraph that expression does not include the elections commission. 227. disqualification for office of persons exciting racial hostility notwithstanding any provision of this constitution relating to the making of appointments to, removal of persons from, or the vacation of, any office, parliament may provide for the imposition of disqualification for any office prescribed by parliament on any person convicted by a court of an offence relating to excitement of hostility or ill-will against any person or class of persons on the grounds of his or her or their race. title 10. interpretation 228. appointments where any person has vacated any office established by this constitution (including any office established under article 100, 124 or 125) he or she may, if qualified, again be appointed, elected or otherwise selected to hold that office in accordance with the provisions of this constitution. where by this constitution a power is conferred upon any person or authority to make any appointment to any public office, a person may be appointed to that office notwithstanding that some other person may be holding that office, when that other person is on leave of absence pending relinquishment of the office; and where two or more persons are holding the same office by reason of an appointment made in pursuance of this paragraph, then for the purposes of any function conferred upon the holder of that office the person last appointed shall be deemed to be the sole holder of the office. the preceding paragraph shall have effect in relation to the office of any judge of the supreme court of judicature or the clerk or deputy clerk of the national assembly as if that office were a public office. 229. resignations any person who is appointed or elected to or otherwise selected for any office established by this constitution (including any office established under article 100, 124 or 125) may resign from that office and, save as otherwise provided by articles 156(1), 157 and 178(1), shall do so by writing under his or her hand addressed to the person or authority by whom he or she was appointed, elected or selected. the resignation of any person from any such office as aforesaid signified by writing under his or her hand shall take effect when the writing signifying the resignation is received by the person or authority to whom it is addressed or by any person authorised by that person or authority to receive it or employed to assist that person in the performance of the functions of his or her office. 230. vacation of office on attaining a prescribed age where by this constitution a person is required to vacate an office when he or she attains an age prescribed by or under the provisions of this constitution nothing done by him or her in the performance of the functions of that office shall be invalid by reason only that he or she has attained the age so prescribed. 231. [repealed by act no. 17 of 2000] 232. interpretation in this constitution, except as otherwise provided or required by the context"alien" means a person who is not a commonwealth citizen, a british protected person or a citizen of the republic of ireland; "attorney-at-law" means a person having a general right of audience in the supreme court of judicature; "commissioner of police" means the officer, however styled, commanding the police force; "the commonwealth" means guyana and any country to which article 47 applies and any dependency of any such country; "court" means any court of law in guyana; "elected member of the national assembly" means any person elected as a member of the national assembly pursuant to the provisions of paragraph (2) of article 60 or article 160(2); "election" means an election of members to serve in the national assembly or other elected body established by or under this constitution, as the case may be; "financial year" means any period of twelve months beginning on the first day of january in any year or such other date as parliament may prescribe; "guyana" includes, in relation to any period before the day on which this constitution commences, or anything done before that day, guyana as it was before that day as well as the former colony of british guiana; "law" includes any instrument having the force of law and any unwritten rule of law and "lawful" and "lawfully" shall be construed accordingly; "local democratic organ" means any local government authority; "consultation" or "meaningful consultation" means the person or entity responsible for seeking consultation shallidentify the persons or entities to be consulted and specify to them in writing the subject of the consultation and an intended date for the decision on the subject of consultation; ensure that each person or entity to be consulted is afforded a reasonable opportunity to express a considered opinion on the subject of the consultation; and cause to be prepared and archived a written record of the consultation and circulate the decision to each of the persons or entities consulted; "oath" includes affirmation; "oath of office" means, in relation to any office, the oath for the due execution of that office set out in the schedule to this constitution or such other oath in that behalf as may be prescribed by parliament; "parliament" means the parliament of guyana; "the police force" means the police force established by the police act and includes any other police force established by or under an act of parliament to succeed to or to supplement the functions of that force but does not include any police force forming part of any naval, military or air force or any police force established by any local democratic organ; "public office" means an office of emolument in the public service, and for the avoidance of doubt it is hereby declared that the expression includes the office of a teacher in the public service and any office in the police force; "public officer" means the holder of any public office and includes any person appointed to act in any such office; "the public service" means, subject to the provisions of paragraph (5), the service of the government of guyana in a civil capacity; "regional democratic council" means the local democratic organ for any region established under article 72; "session" means, in relation to the national assembly, the sittings of the assembly, commencing when it first meets after this constitution comes into force or after the prorogation or dissolution of parliament at any time and terminating when parliament is prorogued or is dissolved without having been prorogued; "sitting" means, in relation to the national assembly a period during which the assembly is sitting continuously without adjournment and includes any period during which the assembly is in committee; and "the state" means the co-operative republic of guyana. in this constitution, unless it is otherwise provided or required by the contexta reference to power to make appointments to any office shall be construed as including a reference to power to make appointments on promotion and transfer and to confirm appointments and to power to appoint a person to act in or perform the functions of that office at any time when the office is vacant or the holder thereof is unable (whether by reason of absence or infirmity of mind or body or any other cause) to perform the functions of that office; and a reference to the holder of an office by the term designating his or her office shall be construed as including a reference to any person for the time being lawfully acting in or performing the functions of that office. where by this constitution any person is directed, or power is conferred on any person or authority to appoint or elect a person, to perform the functions of an office if the holder thereof is unable to perform those functions, the validity of any performance of those functions by the person so directed or of any appointment or election made in exercise of that power shall not be called in question in any court on the ground that the holder of the office was not or is not unable to perform the functions of the office. for the purposes of this constitution, a person shall not be considered to hold a public office by reason only that he or she is in receipt of a pension or other like allowance in respect of public service. in this constitution references to the public service shall not be construed as including service inthe office of president, minister, attorney general, parliamentary secretary, speaker, deputy speaker, leader of the opposition, ombudsman, or member of the national assembly; the office of a member of any commission established by this constitution or of public service appellate tribunal; the office of a member of any board, committee or other similar body (whether incorporated or not) established by any law in force in guyana; the office of any judge of the supreme court of judicature or clerk or deputy clerk of the national assembly except for the purposes of the next following paragraph and save as otherwise provided in any other provision of this constitution; or any body of persons organised as a national service within the meaning of article 154. references in this constitution to the power to remove a public officer from his or her office shall be construed as including a reference to any power conferred by any law to require or permit that officer to retire from the public service, provided thatnothing in this paragraph shall be construed as conferring on any person or authority power to require a judge of the supreme court of judicature, the director of public prosecutions, the commissioner of police, the auditor general or the clerk or deputy clerk of the national assembly to retire from his or her office; and any power conferred by any law to permit a person to retire from the public service shall, in the case of any public officer who may be removed from office by some person or authority other than a commission established by this constitution, vest in the commission that, if he or she were to retire, would be the appropriate commission in relation to him or her for the purposes of article 214. any provision in this constitution that vests in any person or authority the power to remove any public officer from his or her office shall be without prejudice to the power of any person or authority to abolish that office or to any law providing for the compulsory retirement of public officers generally or any class of public officers on attaining an age specified by or under that law. subject to article 226(6) and article 215a(12), no provision of this constitution that any person or authority shall not be subject to the direction or control of any other person or authority in the exercise of any functions shall be construed as precluding a court from exercising jurisdiction in relation to any question whether that person or authority has exercised those functions in accordance with this constitution or any other law. the interpretation and general clauses act as in force immediately before the commencement of this constitution, shall apply, with the necessary adaptations, for the purpose of interpreting this constitution and otherwise in relation thereto as it applied for the purpose of interpreting, and in relation to, any act in force immediately before such commencement, and in such application shall have effect as if it formed part of this constitution. first schedule. form of oath (article 232) oath of office i, ....., do hereby solemnly declare that i will bear true faith and allegiance to the people of guyana, that i will faithfully execute the office of ..... without fear or favour, affection or ill-will and that in the execution of the functions of that office i will honour, uphold and preserve the constitution of the co-operative republic of guyana. second schedule. articles 4, 5, 6 and 6a the national flag the coat of arms the national anthem the national pledge the national flag [image] the golden arrowhead the heraldic description of the guyana flag known as the "golden arrowhead" presented by the garter king of arms from the royal college of arms , england, reads as follows"vert upon a pile throughout issuant from the dexter or, fimbriated argent; white upon a pile gules fimbriated sable, upon the same base". the design and the colour of guyana flag are interpreted as followsthe green background symbolises the agricultural and forested nature of guyana. the white symbolises its waters and rivers potential. the golden arrow symbolises guyana's mineral wealth and its forward thrust. the black border the endurance that will sustain the golden arrow's forward thrust into the future. the red triangle represents the zeal and dynamic nature of the nation building that lies before this young and independent country. the flag is designed to be of a proportion 3* 5 on land and 1* 2 at sea. the colour proportions are: green 50" gold 24" white 67" and black 1". guyana coat-of-arms [image] the design of guyana s coat of arms is interpreted as follows:the amerindian head-dress, the cacique crown, symbolises the amerindians as the indigenous people of the country. the two diamonds at the sides of the head-dress represent the country' s mining industry. the helmet, on which the cacique crown rests, is the monarchical insignia. the two jaguars rampant, holding a pick-axe, a sugar cane, and a stalk of rice, symbolise labour and the two main agricultural industries of the country, sugar and rice. the shield which is decorated with the national flower, the victoria regia lily, is to protect the nation. the three blue wavy' barrulets represent the three great rivers and many waters of guyana. the canje pheasant at the bottom of the shield is a rare bird found principally in this part of the world, and represents the rich fauna of guyana. guyana national anthem [image] dear land of guyana, of rivers and plains made rich by the sunshine and lush by the rains; set gem-like and fair, between mountains and sea, your children salute you, dear land of the free. green land of guyana, our heroes of yore, both bondsmen and free, laid their bones on your shore; this soil they so hallowed, and from them are we, all sons of one mother, guyana the free. great land of guyana, diverse though our strains, we are born of their sacrifice, heirs of their pains, and ours is the glory their eyes did not see one land of six peoples, united and free. dear land of guyana, to you will we give our homage, our service, each day that we live; god guard you, great mother, and make us to be more worthy our heritage land of the free. the national pledge i pledge myself to honour always the flag of guyana, and to be loyal to my country, to be obedient to the laws of guyana, to love my fellow citizens, and to dedicate my energies towards the happiness and prosperity of guyana. third schedule. entities (article 222a) the ethnic relations commission the human rights commission the women and gender equality commission the indigenous peoples' commission the rights of the child commission the judiciary the office of the auditor general. the chambers of the director of public prosecutions the judicial service commission the public service commission the police service commission the teaching service commission the public service appellate tribunal the public procurement commission the office of the ombudsman the guyana elections commission (gecom) the parliament office fourth schedule. conventions (article 154a, 212o(1)) convention on the rights of the child. convention on the elimination of all forms of discrimination against women. convention on the elimination of all forms of racial discrimination. convention against torture and other inhuman or degrading treatment or punishment. covenant on economic, social and cultural rights. covenant on civil and political rights. inter-american convention on the prevention, punishment and eradication of violence against women. legislature act 1908 preamble an act to consolidate certain enactments of the general assembly relating to the legislature of new zealand 1. short title, etc the short title of this act is the legislature act 1908. this act is a consolidation of the enactments mentioned in schedule 1, and with respect to those enactments the following provisions shall apply: all districts, appointments, offices, representation commissioners, proclamations, orders in council, orders, warrants, regulations, rules, rolls, lists, electors’ rights, voting permits, claims, applications, declarations, notices, instruments, records, and generally all acts of authority which originated under any of the said enactments or any enactment thereby repealed, and are subsisting or in force on the coming into operation of this act, shall enure for the purposes of this act as fully and effectually as if they had originated under the corresponding provisions of this act, and accordingly shall, where necessary, be deemed to have so originated. all matters and proceedings commenced under any such enactment, and pending or in progress on the coming into operation of this act, may be continued, completed, and enforced under this act. this act is divided into divisions and parts, as follows: division i—the legislative council. (sections 2 to 11.) division ii—the house of representatives. (sections 12 to 241.) part 1—constitution of house. (sections 13 to 34.) part 2—preliminary to the election. (sections 35 to 96.) part 3—regulation of elections. (sections 97 to 179.) part 4—maori representation. (sections 180 to 187.) part 5—election petitions and corrupt and illegal practices. (sections 188 to 232.) part 6—miscellaneous. (sections 233 to 241.) division iii—privileges of parliament. (sections 242 to 271.) division iv—private, local, and private estates bills. (sections 272 to 284.) in this act, if not inconsistent with the context,— member of parliament means member of the house of representatives parliament, when used alone, means the general assembly. division i. the legislative council 2-11. [repealed] division ii 12-241. [repealed] division iii. privileges of parliament a. privileges generally 242. privileges of house of representatives. journals as evidence the house of representatives and the committees and members thereof shall hold, enjoy, and exercise such and the like privileges, immunities, and powers as on 1 january 1865 were held, enjoyed, and exercised by the commons house of parliament of great britain and ireland, and by the committees and members thereof, so far as the same are not inconsistent with or repugnant to such of the provisions of the constitution act as on 26 september 1865 (being the date of the coming into operation of the parliamentary privileges act 1865) were unrepealed, whether such privileges, immunities, or powers were so held, possessed, or enjoyed by custom, statute, or otherwise. such privileges, immunities, and powers shall be deemed to be part of the general and public law of new zealand, and it shall not be necessary to plead the same, and the same shall be judicially taken notice of in all courts and by and before all judges. upon any inquiry touching the privileges, immunities, and powers of the said house of representatives, or of any committee or member thereof, a copy of the journals of the said commons house of parliament, printed or purporting to be printed by order of the said commons house of parliament by the printer to the said commons house, shall be admitted as evidence of such journals by all courts, judges, justices, and others without any proof being given that such copies were so printed. 243-251. [repealed] b. parliamentary witnesses 252. right to administer oaths the house of representatives and any committee of such house may respectively administer an oath to any witness examined before such house or committee; and any person examined as aforesaid who wilfully gives false evidence is liable to the penalties of perjury. 253. indemnity to witness. immunities and privileges where any person sworn and examined as a witness by or before any select committee of the house of representatives on any matter which is a subject of inquiry before such committee, claims, upon such examination, excuse from answering any question put to him by any such committee on the ground that the answer to such question may criminate or tend to criminate him, and the committee is of opinion that full answers are required in order to enable it to deal satisfactorily with the matter under inquiry, it shall make a report thereof to the house, and if such house passes a resolution that the witness shall give full evidence, then such witness shall answer accordingly. every such witness who thereupon answers fully and faithfully any question put to him by the committee to the satisfaction of such committee shall be entitled to receive a certificate under the hand of the chairman of the committee stating that such witness was, upon his examination, so required to answer and had answered all such questions. on production and proof in any court of law of such certificate, the court shall stay the proceedings in any action or prosecution against such witness for any act or thing done by him before that time and revealed by the evidence of such witness, and may at its discretion award to such witness such costs as he may have been put to. no statement made by any person in answer to any question put by or before any committee as aforesaid shall, except in cases of a charge of perjury, be admissible as evidence in any proceeding, civil or criminal. every witness sworn and examined under this or the last preceding section shall have, in respect of the testimony given by him when so sworn, the like privileges, immunities, and indemnities in all respects as are possessed by or belong to any witness sworn and examined in the high court. c. hansard 253a. hansard an official report (to be known as hansard) shall be made of such portions of the proceedings of the house of representatives and its committees as may be determined by the house of representatives or by the speaker of the house of representatives. the report shall be made in such form and subject to such rules as may be from time to time approved by the house of representatives itself or by the speaker of the house of representatives. d. other privileges 254-256. [repealed] 257. interpretation. exemption of members and officers from attendance as witnesses in this and the succeeding sections of this division of this act— court of record means the court of appeal, the high court, and every district court process includes every writ, summons, and subpoena speaker includes the person for the time being acting in that capacity. where any member of parliament or any of the officers specified in schedule 6, not being in attendance on parliament, is required by the process of any court of record to attend thereat personally, either during any session of the general assembly or within 10 days before the commencement thereof, as a party or witness in any civil proceeding, or as a witness in any criminal proceeding, such member or officer may apply to such court to be exempted from attendance on such court. 258. exemption of members and officers bound by recognisance [repealed] 259. court to make inquiry and grant exemption on any such application for an exemption from attendance being made to any such court as aforesaid, or to any judge thereof, unless it appears to the satisfaction of the court or judge that the ends of public justice would be defeated or injuriously delayed or irreparable injury would be caused to any party to the proceedings by the non-attendance of such member or officer in obedience to such process or in pursuance of such process, the court or judge shall order that such member or officer shall be discharged from attendance in obedience to such process until the expiration of 10 days after the termination of the session of the general assembly in respect of which such exemption is claimed, and may make order for the attendance of such member or officer at the sitting of such court at such future date after the expiration of such 10 days as such court or judge thinks fit. 260. exemption of speaker from attendance on courts where the speaker of the house of representatives, being in attendance on parliament, is required by the process of any court to attend thereat personally either as a party or a witness in any civil proceeding, or as a witness in any criminal proceeding, he shall submit the matter to the house of representatives and such order may be made thereon as the house thinks fit; and if it is resolved that the speaker shall be exempted from attendance, such resolution shall be presented in like manner and shall have the same effect as the certificate mentioned in section 263 in respect of any other member not being a speaker: provided that if the house is under adjournment, and it is necessary to act without delay, the speaker whose attendance is required may sign a certificate to the like effect as is hereinafter provided in the said section in respect of any other member not being a speaker, but such certificate shall remain in force only until the matter is submitted by the speaker at the first convenient opportunity to the house, and order is made thereon. 261. application to speaker for exemption from attendance in civil courts where any member of parliament (other than the speaker thereof) or any such officer as aforesaid, being in attendance on parliament, is required by the process of any court to attend thereat personally as a party or witness in any civil proceeding, or as a witness in any criminal proceeding, such member or officer may apply to the speaker or acting speaker of the house to be exempted from such attendance on such court. 262. application by members and officers bound by recognisance [repealed] 263. speaker to make inquiry and grant certificate on any such application to a speaker or acting speaker as aforesaid, unless it appears to his satisfaction, on such inquiry as he thinks fit to make into the circumstances of the case, that the ends of public justice would be defeated or injuriously delayed, or that irreparable injury would be caused to any party to the proceedings by the non-attendance of such member or officer in obedience to such process, such speaker or acting speaker shall grant a certificate under his hand to the effect that the attendance in the general assembly of the member or officer therein named is required during the session. 264. effect of certificate on such certificate being presented to the court in which the attendance of such member or officer is required he shall be thereby exempted from attending therein until 10 days after the termination of the session then being held; and no proceedings, civil or criminal, shall be taken against such member or officer in respect of his non-attendance in obedience to such process, and the court shall direct such postponement of trial or other proceedings, and make such order as it deems convenient and just, regard being had to such exemption as aforesaid. 265. adjournment of civil proceedings against members and officers where any civil proceedings are pending in any court of record against any such member or officer as aforesaid, and such proceedings are set down for trial or hearing, or are likely in the ordinary course to come on for trial or hearing, at a sitting of any such court to be held within the period extending from 10 days before the holding of any session of the general assembly, to 30 days after the termination of the said session, such member or officer may obtain an adjournment or appointment of such trial or hearing to some day later than the period of 30 days last mentioned, upon the conditions following: where such member or officer is not in attendance on parliament, and the proceedings are likely to come on or are set down for trial or hearing at a sitting of any such court to be held within 10 days before the commencement of the session or during such session, such member or officer shall make application to the court in which such proceedings are pending for an adjournment or appointment of such trial or hearing to some day beyond the period of 30 days after the end of such session, accompanying such application with an affidavit made by such member or officer that he has been summoned to attend in his place in parliament, and that it is necessary that opportunity should be afforded him of being personally present at the trial or hearing of such proceedings, and that his attendance on parliament will prevent his being able so to be present on such trial or hearing: where such member or officer is in attendance on parliament, and such proceedings are likely to come on or are set down for trial or hearing at a sitting of such court to be held at any time during a session of parliament or within 30 days thereafter, then such member or officer shall apply to the speaker of the house of representatives for a certificate entitling him to an adjournment of such trial or hearing, whereupon the following provisions shall apply: such application shall be supported by an affidavit made by such member or officer, and delivered to the speaker, that such proceedings are likely to come on or are set down for trial or hearing at a sitting of such court to be held during such session or within 30 days thereafter, and that the personal attendance of such member or officer at such trial or hearing is necessary for his interest: the speaker shall, after making inquiry in manner provided by section 263, and unless satisfied that irreparable injury would be caused to any party to such proceedings if the trial or hearing thereof was postponed, forward such affidavit, together with a certificate in terms of the said section, to the court in which such proceedings are pending. 266. court may make inquiry and adjourn case the court in which such civil proceedings are pending shall, in either of the cases referred to in the last preceding section, cause the trial or hearing of such proceedings to be adjourned without cost to such member or officer, from time to time, to some sitting of the court to be held after the expiration of 30 days after the termination of the session: provided that in the case referred to in paragraph (a) of the said last preceding section, the court may make the same inquiries as the speaker of the house of representatives is required to make under the said section 263, and shall not be bound to adjourn or postpone the trial or hearing if it is satisfied that irreparable injury would be caused to any party to such proceedings by such adjournment or postponement. 267. service of process of courts not of record if any person serves or causes to be served any summons or process issued out of any court not of record (other than a summons or warrant on a charge of any offence), upon or for any such member or officer as aforesaid by sending, leaving, or delivering the same in any way which would otherwise be good service by law, during any session of the general assembly, or within 10 days before the commencement or 10 days after the termination of such session, such service shall be invalid and of no effect. 268. court to take judicial notice of signature of speaker it shall be the duty of all courts, judges, and justices, and all other persons, to take judicial notice of the signatures of the speaker or acting speaker of the house of representatives when affixed to any such certificate as aforesaid. 269. leave to members and officers to attend court nothing in this act shall be construed to limit or abridge in any respect the power of the house of representatives to give leave to any of the members or officers of the house of representatives to attend any court in respect of which it appears desirable to the house of representatives that such leave should be granted: provided that any member of the house of representatives having obtained leave of absence without any reference to the process of any court shall, so far as regards any court not being a court of record, but not as regards a court of record, be considered as in attendance upon his duties in parliament. 270. [repealed] 271. [repealed] division iv. private, local, and private estates bills 272-284. [repealed] schedule 1. enactments consolidated alcoholic liquors sale control act amendment act 1895 (1895 no 45) amendment(s) incorporated in the act(s). disqualification act 1878 (1878 no 30) electoral act 1893 (1893 no 18) electoral act 1905 (1905 no 29) legislative council act 1891 (1891 no 25) legislative council act amendment act 1902 (1902 no 50) legislative officers’ salaries act 1867 (1867 no 85) legislative officers’ salaries act amendment act 1906 (1906 no 54) licensing acts amendment act 1904 (1904 no 42) amendment(s) incorporated in the act(s). parliamentary and executive titles act 1907 (1907 no 50) amendment(s) incorporated in the act(s). parliamentary privileges act 1865 (1865 no 13) parliamentary privileges act 1865 amendment act 1875 (1875 no 20) parliamentary witnesses indemnity act 1883 (1883 no 3) payment of members act 1904 (1904 no 24) private and local bills costs act 1882 (1882 no 24) private estates bills act 1867 (1867 no 17) privileges act 1866 (1866 no 73) privileges act 1866 amendment act 1872 (1872 no 73) privileges act 1866 amendment act 1878 (1878 no 16) public service classification act 1907 (1907 no 55) amendment(s) incorporated in the act(s). statute law amendment act 1906 (1906 no 58) amendment(s) incorporated in the act(s). schedule 2 [repealed] schedule 3 [repealed] schedule 4 [repealed] schedule 5 [repealed] schedule 6 a. house of representatives the clerk of the house of representatives. the deputy clerk of the house of representatives. the sergeant-at-arms. the clerk assistant of the house of representatives. schedule 7 [repealed] amendment act 1. legislature amendment act 1992 public act: 1992 no 106 date of assent: 26 november 1992 commencement: 1 february 1993 1. short title and commencement this act may be cited as the legislature amendment act 1992, and shall be read together with and deemed part of the legislature act 1908. this act shall come into force on 1 february 1993. 2. interpretation in this act, unless the context otherwise requires,— authorised parliamentary paper means a parliamentary paper published by order or under the authority of the house of representatives parliamentary paper means any report, paper, votes, or proceedings. 3. act to bind the crown this act binds the crown. 4. stay of proceedings where publication made by order of house of representatives where any proceedings (whether civil or criminal) are commenced against any person in respect of the publication, by that person or that person’s employee, by order or under the authority of the house of representatives, of any parliamentary paper, that person may, subject to subsections (2) and (3), produce to the court a certificate signed by the speaker of the house of representatives stating that the parliamentary paper in respect of which the proceedings are commenced was published, by that person or that person’s employee, by order or under the authority of the house of representatives. no certificate may be produced to any court under subsection (1) unless the person seeking to produce it has given to the plaintiff or prosecutor in the proceedings, or to the plaintiff’s or prosecutor’s solicitor, at least 24 hours’ notice of that person’s intention to do so. every certificate produced under subsection (1) shall be accompanied by an affidavit verifying the certificate. where a certificate is produced to any court in accordance with subsections (1) to (3), the court shall immediately stay the proceedings, and the proceedings shall be deemed to be finally determined by virtue of this section. 5. stay of proceedings in respect of copy of parliamentary paper where any proceedings (whether civil or criminal) are commenced in respect of the publication of a copy of an authorised parliamentary paper, the defendant in those proceedings may, at any stage of the proceedings, produce to the court the authorised parliamentary paper and the copy, together with an affidavit verifying the authorised parliamentary paper and the correctness of the copy. where, in any proceedings, the defendant produces the documents required by subsection (1), the court shall immediately stay the proceedings, and the proceedings shall be deemed to be finally determined by virtue of this section. judicature act 1908 preamble an act to consolidate certain enactments of the parliament of new zealand relating to the high court and the court of appeal, and to certain rules and provisions of law in judicial matters generally 1. short title, etc the short title of this act is the judicature act 1908. this act is a consolidation of the enactments mentioned in schedule 1. without affecting the specific saving provisions of this act, it is hereby declared as follows: all proclamations, orders in council, districts, offices, appointments, commissions, patents, scales of fees, rules, regulations, orders, registers, records, instruments, and generally all acts of authority which originated under any of the enactments mentioned in schedule 1 or any enactment thereby repealed, and are subsisting or in force on the coming into operation of this act, shall enure for the purposes of this act as fully and effectually as if they had originated under the corresponding provisions of this act, and accordingly shall, where necessary, be deemed to have so originated: all actions, matters, and proceedings commenced under any such enactment, and pending or in progress on the coming into operation of this act, may be continued, completed, and enforced under this act. this act is divided into parts, as follows: part 1: the high court. (sections 3 to 56.) part 1a: special provisions applying to certain proceedings in the high court and the federal court of australia. (sections 56d to 56s.) part 2: the court of appeal. (sections 57 to 75.) part 3: rules and provisions of law in judicial matters generally. (sections 76 to 101.) 2. interpretation in this act, unless the context otherwise requires,— associate judge means an associate judge of the high court chief high court judge— means the person holding that office under section 4a; and includes a judge of the high court acting in place of the chief high court judge under section 4a(5) civil proceedings means any proceedings in the court, other than criminal proceedings court means the high court of new zealand court of appeal rules means rules which are made under section 51c and which regulate the practice and procedure of the court of appeal (including the practice and procedure on civil appeals from any court or person to the court of appeal); and includes the court of appeal (civil) rules 2005 defendant means a person served or intended to be served with any application to the court for the exercise of its civil or criminal jurisdiction existing means existing on the coming into operation of this act high court rules means the rules from time to time set out in schedule 2 inferior court means any court of judicature within new zealand of inferior jurisdiction to the high court interlocutory application— means any application to the court in any civil proceedings or criminal proceedings or intended civil proceedings or intended criminal proceedings for an order or a direction relating to a matter of procedure or, in the case of civil proceedings, for some relief ancillary to that claimed in a pleading; and includes an application for a new trial; and includes an application to review an order made, or a direction given, on any application to which paragraph (a) or paragraph (b) applies judge means a judge of the high court judgment includes decree medical practitioner means a health practitioner who is, or is deemed to be, registered with the medical council of new zealand continued by section 114(1)(a) of the health practitioners competence assurance act 2003 as a practitioner of the profession of medicine plaintiff means a person who makes an application (other than an interlocutory application) to the court for the exercise of its civil or criminal jurisdiction supreme court means the supreme court of new zealand established by section 6 of the supreme court act 2003. part 1. the high court a. constitution of the court 3. supreme court reconstituted as high court there shall continue to be in and for new zealand a court of record, for the administration of justice throughout new zealand, henceforth to be called the high court of new zealand. the high court is hereby declared to be the same court as that established by this act, and called, before the commencement of section 2 of the judicature amendment act 1979, the supreme court. 4. the judges of the high court the high court consists of— a judge called the chief justice of new zealand; and the other judges, up to a maximum of 55, who are from time to time appointed. for the purposes of subsection (1)(b),— a judge who is acting on a full-time basis counts as 1: a judge who is acting on a part-time basis counts as an appropriate fraction of 1: the aggregate number (for example, 54.5) must not exceed the maximum number of judges that is for the time being permitted. subsection (1) is subject to subsections (1c) and (1d) and the other provisions of this act. an additional judge or additional judges may be appointed whenever the governor-general thinks it necessary because of the absence or anticipated absence of any of the judges on leave preliminary to retirement. every appointment made under subsection (1c) must be a permanent appointment from the time when it is made, and must fill the vacancy next occurring in the office of judge, not being a vacancy filled by an earlier appointment under subsection (1c). the judges of the high court shall be appointed by the governor-general in the name and on behalf of her majesty. a judge must not undertake any other paid employment or hold any other office (whether paid or not) unless the chief high court judge is satisfied that the employment or other office is compatible with judicial office. as between the judges of the high court who are not judges of the supreme court or court of appeal,— the chief high court judge has seniority over the other judges: the other judges have seniority among themselves according to the dates of their appointments as judges of the high court: 2 or more of the other judges appointed as judges of the high court on the same date,— have seniority according to the precedence assigned to them by the governor-general on appointment; or if no precedence is assigned to them, according to the order in which they take the judicial oath. permanent judges have seniority over temporary judges. subsection (3a) overrides subsection (3). the jurisdiction of the high court shall not be affected by any vacancy in the number of the judges of that court. 4a. chief high court judge the governor-general must by warrant appoint a judge of the high court who is not a judge of the supreme court or the court of appeal to be the chief high court judge. the chief high court judge holds that office until the earliest of the following: ceasing to hold office as a judge of the high court: being appointed a judge of the supreme court or the court of appeal: resigning the office of chief high court judge without resigning office as a judge of the high court. the chief high court judge cannot resign the office of chief high court judge without resigning office as a judge of the high court, except with the prior approval of the governor-general. the judge of the high court who is next senior after the chief high court judge may act in place of the chief high court judge if,— because of illness or absence from new zealand, or for any other reason, the chief high court judge is unable to exercise the duties of that office; or the office of chief high court judge is vacant. while acting in place of the chief high court judge, the next senior judge— may perform the functions and duties of the chief high court judge; and may for that purpose exercise all the powers of the chief high court judge. the fact that the next senior judge exercises any of the powers of the chief high court judge is conclusive proof of his or her authority to do so. 4b. functions of chief high court judge the chief high court judge is responsible to the chief justice for ensuring the orderly and prompt conduct of the high court’s business. the chief high court judge may make all the arrangements that are necessary for the sittings of the court and the conduct of its business. 4c. judges of high court act on full-time basis but may be authorised to act part-time a person acts as a judge of the high court on a full-time basis unless he or she is authorised by the attorney-general to act on a part-time basis. the attorney-general may, in accordance with subsection (4), authorise a judge appointed under section 4 or section 4a to act on a part-time basis for any specified period. to avoid doubt, an authorisation under subsection (2) may take effect as from a judge’s appointment or at any other time, and may be made more than once in respect of the same judge. the attorney-general may authorise a judge to act on a parttime basis only— on the request of the judge; and with the concurrence of the chief high court judge. in considering whether to concur under subsection (4), the chief high court judge must have regard to the ability of the court to discharge its obligations in an orderly and expeditious way. a judge who is authorised to act on a part-time basis must resume acting on a full-time basis at the end of the authorised part-time period. the basis on which a judge acts must not be altered during the term of the judge’s appointment without the judge’s consent, but consent under this subsection is not necessary if the alteration is required by subsection (6). an authorisation may not be granted under subsection (2) for any person appointed as a judge of the court of appeal or supreme court. 5. senior judge to act as chief justice in certain circumstances [repealed] 6. judges to be barristers or solicitors no person shall be appointed a judge unless he has held a practising certificate as a barrister or solicitor for at least 7 years. 7. commissions of judges to continue during good behaviour [repealed] 8. judges may be removed or suspended on address of both houses of assembly to the queen [repealed] 9. governor may suspend judge when parliament not sitting [repealed] 9a. salaries and allowances of judges there shall be paid to the chief justice, to the other judges of the supreme court, to the president of the court of appeal, to the other judges of the court of appeal, and to the other judges, out of public money, without further appropriation than this section,— salaries at such rates as the remuneration authority from time to time determines; and such allowances as are from time to time determined by the remuneration authority; and a higher duties allowance payable and calculated in accordance with subsection (1a); and such additional allowances, being travelling allowances or other incidental or minor allowances, as may be determined from time to time by the governor-general. the higher duties allowance under subsection (1)(ba) is— payable only to a judge who— is or was not a judge of the court of appeal holding office under section 57(2) (in this subsection called a permanent judge); but is or was under sections 58a to 58c or section 58f serving as a member of a criminal or civil division, or as a member of the full court, of the court of appeal; and payable only in respect of periods of the judge’s service as a member of the division or full court; and calculated at a rate expressed per day of service as a member of the division or full court in accordance with the following formula: (a − b) × c/d where— a is the applicable yearly rate of salary determined by the remuneration authority to be payable to a permanent judge b is the applicable yearly rate of salary determined by the remuneration authority to be payable to a judge who is not a permanent judge c is 0.0383561 (the standard payroll factor, which represents the proportion of an annual salary that is paid per fortnight) d is 10 (the number of working days per fortnight). subject to the remuneration authority act 1977, any determination made under subsection (1), and any provision of any such determination, may be made so as to come into force on a date to be specified in that behalf in the determination, being the date of the making of the determination or any other date, whether before or after the date of the making of the determination or the date of the commencement of this section. every such determination, and every provision of any such determination, in respect of which no date is specified as aforesaid shall come into force on the date of the making of the determination. the salary and allowances payable for a period during which a judge acts on a part-time basis must be calculated and paid as a pro rata proportion of the salary and allowances for a full-time equivalent position. for the purpose of section 24 of the constitution act 1986, neither the cessation of the payment of a higher duties allowance payable and calculated under subsections (1)(ba) and (1a), nor the payment of salary and allowances on a pro rata basis under subsection (4), is a reduction of salary. 10. salaries of judges not to be diminished [repealed] 11. temporary judges subject to section 11b, at any time during the illness or absence of any judge, or for any other temporary purpose, the governor-general may, in the name and on behalf of her majesty, appoint any person (including a former judge) to be a judge for such term, not exceeding 12 months, as the governor-general may specify. any person appointed a judge under this section may be reappointed, but no judge shall hold office under this section for more than 2 years in the aggregate. every person appointed a judge under this section shall, during the term of his appointment, be paid the salary and allowances payable by law to a judge other than the chief justice, the other judges of the supreme court, the president of the court of appeal, the other judges of the court of appeal, or the chief high court judge. 11a. former judges subject to section 11b, the governor-general may, in the name and on behalf of her majesty, appoint any former judge to be an acting judge for such term not exceeding 2 years or, if the former judge has attained the age of 72 years, not exceeding 1 year, as the governor-general may specify. during the term of his appointment, the former judge may act as a judge during such period or periods only and in such place or places only as the chief high court judge may determine. every former judge appointed under this section shall, during each period when he acts as a judge, but not otherwise, be paid a salary at the rate for the time being payable by law to a judge other than the chief justice or the president of the court of appeal or a judge of the court of appeal, and must also be paid the higher duties allowance payable and calculated under section 9a(1)(ba) and (1a) and such travelling allowances or other incidental or minor allowances as may be fixed from time to time by the governor-general. every former judge appointed under this section shall, during each period when he acts as a judge, have all the jurisdiction, powers, protections, privileges, and immunities of a judge. 11b. certificate by chief justice and chief high court judge no appointment may be made under section 11 or section 11a except on a certificate signed by the chief justice and the chief high court judge to the effect that, in their opinion, it is necessary for the due conduct of the court’s business that 1 or more temporary judges, or (as the case may require) for 1 or more acting judges, to be appointed. 12. superannuation allowance of judges [repealed] 13. age of retirement every judge, other than a former judge appointed under section 11 or section 11a or a person who is deemed by section 58(10) to be a judge, shall retire from office on attaining the age of 70 years. 14. rights on retirement before attaining retiring age if the chief justice or the president of the court of appeal resigns from office before attaining the age of 70 years and is, at the time of his or her resignation and but for the fact of his or her resignation, entitled to a period of leave of absence, he or she shall continue to receive the salary, privileges, and allowances of his or her former office until the expiration of that period or until he or she attains the age of 70 years or until he or she dies, whichever is the sooner, and his or her rights and obligations under the government superannuation fund act 1956 and all the rights which his or her surviving wife, husband, civil union partner, or de facto partner may have under that act shall be the same as they would have been if he or she had been in office while his or her salary, privileges, and allowances so continued. 15. how superannuation allowances of the existing judges to be computed [repealed] b. jurisdiction of the court 16. general jurisdiction the court shall continue to have all the jurisdiction which it had on the coming into operation of this act and all judicial jurisdiction which may be necessary to administer the laws of new zealand. 16a. power to award damages as well as, or in substitution for, injunction or specific performance where the court has jurisdiction to entertain an application for an injunction or specific performance, it may award damages in addition to, or in substitution for, an injunction or specific performance. 17. jurisdiction as to mentally disordered persons, etc the court shall also have within new zealand all the jurisdiction and control over the persons and estates of mentally disordered persons, and persons of unsound mind, and over the managers of such persons and estates respectively, as the lord chancellor of england, or any judge or judges of her majesty’s high court of justice or of her majesty’s court of appeal, so far as the same may be applicable to the circumstances of new zealand, has or have in england under the sign-manual of her majesty or otherwise. 17a. jurisdiction as to liquidation of associations in this section, association includes any partnership, company, or other body corporate, or unincorporated body of persons other than— a company or an overseas company, as defined in section 2 of the companies act 1993; or [repealed] a body corporate that may be put into liquidation in accordance with the provisions of any act under which it is constituted. the court has jurisdiction to appoint a named person or an official assignee for a named district as the liquidator of an association. an application for the appointment of a liquidator may be made by the association or a director or member or creditor or the registrar of companies. the court may appoint a liquidator if it is satisfied that— the association is dissolved or has ceased to carry on business or is carrying on business solely for the purpose of terminating its affairs; or the association is unable to pay its debts; or it is just and equitable that the association be put into liquidation. 17b. application of companies act 1993 part 16 of the companies act 1993 (except sections 241(1) to (4) and 268) shall apply, with such modifications as may be necessary, in relation to the liquidation of an association and as if references to— a company registered under that act included a reference to an association: a director included references to any person occupying the position of director by whatever name called: shareholders or persons entitled to surplus assets under the constitution of a company and the companies act 1993 were references to such persons as the court may determine to be justly entitled to any surplus assets after the satisfaction of the claims of all the creditors. 17c. meaning of inability to pay debts for the purposes of section 17a, an association is unable to pay its debts— if— a creditor who is owed an amount exceeding $100 by the association has served on the association a demand for payment of that amount by leaving it at the principal office of the association in new zealand, or delivering it to the secretary or a director or manager or principal officer of the association; and the association has for 3 weeks after the demand was served on it failed to pay the amount due or secure the payment of it or compound for it to the satisfaction of the creditor; or if— an action or proceeding has been commenced against a member of the association for the payment of an amount owing by the association or that member in his or her capacity as a member; and notice in writing of the action or proceeding has been served on the association by leaving it at its principal place of business in new zealand or by delivering it to the secretary or a director, or principal officer of the association or serving it on the association in such manner as the court may approve or direct; and the association has not, within 10 days after the notice was served on it, paid or secured the debt, or compounded for it or had the action or proceeding stayed or indemnified the member for the amount of any judgment that may be entered against him or her and any costs, damages, and expenses that may be incurred by him or her in the action or proceeding; or if execution or other process issued on a judgment, decree, or order obtained in a court in favour of a creditor against the association, or a member of the association in his or her capacity as a member, or a person authorised to be sued on behalf of the association, is returned unsatisfied; or if it is proved to the satisfaction of the high court that the association is unable to pay its debts, and in determining whether an association is unable to pay its debts, the court shall take into account the contingent and prospective liabilities of the association. 17d. power of liquidator to enforce liabilities the liquidator may, by notice in writing, require any person who is liable to pay or contribute to the payment of— any debt or liability of the association; or any sum for the adjustment of the rights of the members among themselves; or the costs and expenses of the liquidation— to pay or contribute accordingly and every such person is liable to pay or contribute the amount due in respect of that liability. 17e. actions stayed on liquidation where the court appoints a liquidator of an association, no action or proceeding shall be commenced or continued against any person referred to in section 17d in respect of any debt of the association, except with the leave of the court, and subject to such terms as the court may impose. 18. no jurisdiction in cases of felonies or misdemeanours committed prior to 14 january 1840 the court shall not have jurisdiction to try any felony or misdemeanour committed before 14 january 1840. 19. powers of the court may be exercised by 1 or more judges each judge or any 2 or more judges may in any part of new zealand exercise all the powers of the court, except such powers as may by any statute be required to be exercised by the full court or by any specified number of judges. subsection (1) shall be read subject to the provisions of any enactment that provides for the appointment of persons other than judges to sit with the court or as members of the court in respect of any specified proceedings or class of proceedings. 19a. certain civil proceedings may be tried by jury this section applies to civil proceedings in which the only relief claimed is payment of a debt or pecuniary damages or the recovery of chattels. if the debt or damages or the value of the chattels claimed in any civil proceedings to which this section applies exceeds $3,000, either party may have the civil proceedings tried before a judge and a jury on giving notice to the court and to the other party, within the time and in the manner prescribed by the high court rules, that he requires the civil proceedings to be tried before a jury. notwithstanding anything in subsection (2), in any case where, after notice has been given pursuant to that subsection but before the trial has commenced, the debt or damages or the value of the chattels claimed is reduced to $3,000 or less, the civil proceedings shall be tried before a judge without a jury. if, in any civil proceedings to which this section applies, the defendant sets up a counterclaim, then, unless pursuant to this section the civil proceedings and the counterclaim are both to be tried before a judge without a jury, the following provisions shall apply: on the application of either party made with the consent in writing of the other party, both the civil proceedings and counterclaim shall be tried before a judge without a jury, or before a judge with a jury, whichever is specified in the application: if no such application is made, the civil proceedings and the counterclaim shall, subject to any direction of the court or a judge under section 19b, be tried in accordance with the foregoing provisions of this section: provided that if the court or a judge orders that the civil proceedings and the counterclaim be tried together, they shall be tried before a judge with a jury. notwithstanding anything to the contrary in the foregoing provisions of this section, in any case where notice is given as aforesaid requiring any civil proceedings to be tried before a jury, if it appears to a judge before the trial— that the trial of the civil proceedings or any issue therein will involve mainly the consideration of difficult questions of law; or that the trial of the civil proceedings or any issue therein will require any prolonged examination of documents or accounts, or any investigation in which difficult questions in relation to scientific, technical, business, or professional matters are likely to arise, being an examination or investigation which cannot conveniently be made with a jury,— the judge may, on the application of either party, order that the civil proceedings or issue be tried before a judge without a jury. nothing in this section shall apply in respect of any civil proceedings to be heard by the court in its admiralty jurisdiction. 19b. all other civil proceedings to be tried before judge alone, unless court otherwise orders except as provided in section 19a of this act, civil proceedings shall be tried before a judge alone. notwithstanding subsection (1), if it appears to the court at the trial, or to a judge before the trial, that the civil proceedings or any issue therein can be tried more conveniently before a judge with a jury the court or judge may order that the civil proceedings or issue be so tried. 19c. questions of foreign law to be decided by judge where, for the purpose of disposing of any civil proceedings or any criminal proceedings which are being tried by a judge of the high court with a jury, it is necessary to ascertain the law of any other country which is applicable to the facts of the case, any question as to the effect of the evidence given with respect to that law shall, instead of being submitted to the jury, be decided by the judge alone. this section has effect notwithstanding anything in section 19a or section 19b. 20. governor in council may divide new zealand into districts [repealed] 21. actions and proceedings to be taken in the district prescribed by the code of civil procedure [repealed] 22. how applications to be made when judge absent or unable to act [repealed] 23. governor-general may appoint special sittings the governor-general in council may from time to time appoint special sittings of the court for the despatch of civil and criminal business, to be held at such time and place or places, and before such judge or judges, as he thinks fit. 23a. offices of the high court the governor-general may from time to time, by notice in the gazette, declare an office or offices of the court to be established at such place or places as may be specified in the notice, as from such date, in the case of each office, as may be so specified. [repealed] [repealed] where any office of the court is abolished, the minister of the crown who is responsible for the ministry of justice may direct that all documents, books, and records in that office shall be delivered to some other office of the court (in this section referred to as the substituted office). from the time of their delivery to the registrar of the substituted office, those documents, books, and records shall be deemed to be in the lawful custody of that registrar. where any office of the court is abolished, the following provisions shall apply: any act or thing that could have been done under any enactment or rule by the registrar of that office may be done by the registrar of the substituted office: any step in any proceedings that would, but for the abolition of that office, have been taken there under any enactment or rule may be taken at the substituted office: any act or thing required or authorised by any enactment or rule to be done by any person at that office, whether in respect of any proceedings or in respect of any transaction recorded or document filed there, may be done at the substituted office: any address for service, being an address conforming to the requirements of the rules of court, that has been given by any party to any proceedings in respect of which the records are delivered to the substituted office shall continue to be the address for service of that party for the purposes of those proceedings, notwithstanding that because of its distance from the substituted office it may cease to conform to those requirements: provided that where, because of its distance from the substituted office, the address does not conform to the requirements of the rules, the party shall give a new address for service conforming to those requirements when he first files in the substituted office any document in the proceedings: if in respect of any proceedings, or of any transaction, document, record, or other matter, any question arises as to the application of any provision of this section or as to the proper procedure to be followed, the court or a judge may determine the question and make such order thereon as the court or judge thinks fit. 24. registrar may act for judge in certain cases [repealed] c. commercial list 24a. establishment of commercial list the governor-general may from time to time by notice in the gazette declare a commercial list to be established at any office of the high court as from a date to be specified in the notice. the first commercial list shall be established at the office of the high court at auckland for a period to be specified in the notice (which period shall not be less than 4 years). the governor-general may, on or before the expiration of the period specified under subsection (2), either— extend that period by notice in the gazette; or declare by notice in the gazette that the commercial list at the office of the high court at auckland shall continue indefinitely. where the governor-general exercises the power given by subsection (3)(a), the governor-general may, on or before the expiration of the extended period, declare by notice in the gazette that the commercial list established at the office of the high court at auckland shall continue indefinitely. where the commercial list established at the office of the high court at auckland ceases to be established upon the expiration of the period specified under subsection (2) or the extended period specified under subsection (3)(a), the commercial list shall be deemed to continue for the purpose of completing any proceeding entered on the commercial list at the expiration of that period. 24b. proceedings eligible for commercial list the classes of proceedings eligible for entry on a commercial list are as follows: any proceedings arising out of or otherwise relating to: the ordinary transactions of persons engaged in commerce or trade or of shippers: the carriage of goods for the purpose of trade or commerce: the construction of commercial, shipping, or transport documents: the export or import of merchandise: insurance, banking, finance, guarantee, commercial agency, or commercial usages: disputes arising out of intellectual property rights between parties engaged in commerce: applications to the court under the arbitration act 1996: appeals against determinations of the commerce commission: proceedings under any of the provisions of sections 80, 81, 82, and 89 of the commerce act 1986: cases stated by the financial markets authority, and civil proceedings under the securities act 1978 or the securities markets act 1988: the following proceedings in relation to companies registered under the companies act 1955 or the companies act 1993, as the case may be: applications for directions by liquidators and receivers: defended applications under section 209zg of the companies act 1955 or section 174 of the companies act 1993: disputes relating to takeovers: disputes between shareholders or classes of shareholders of companies (other than companies registered under part 8 of the companies act 1955 and companies registered under the companies act 1993 and having not more than 25 shareholders): proceedings of a commercial nature required or permitted to be entered on a commercial list by or under any act or by or under the high court rules or any rules made under section 51c of this act. where any appeal belonging to the class of appeals described in subsection (1)(c) is entered on a commercial list,— that appeal shall, notwithstanding section 75(2) of the commerce act 1986, be heard and determined by the court; and any lay member appointed pursuant to section 77 of the commerce act 1986 shall, for the purpose of the hearing and determination of that appeal by the court, be deemed to be a lay member of the court; and section 77 and sections 91 to 97 of the commerce act 1986 shall, subject to section 24e, apply with all necessary modifications to that appeal. rules made under section 51c shall make provision for— the manner in which proceedings eligible for entry on a commercial list are to be entered on a commercial list: orders for the removal of proceedings entered on a commercial list: the procedure governing the determination of proceedings entered on a commercial list. 24c. commercial list judges a commercial list established under section 24a is supervised by a judge nominated from time to time by the chief justice after consulting the chief high court judge. the chief high court judge can be nominated under subsection (1). after consulting the chief high court judge, the chief justice may nominate 1 or more judges to help the judge nominated under subsection (1) and to supervise the list when that judge is absent from duty. every interlocutory application in any proceeding entered on a commercial list shall be determined by a judge nominated under subsection (1) or subsection (2). where— any dispute has arisen concerning the construction, status, or application of a contract or document; and the dispute could be determined in a proceeding eligible for entry on a commercial list; and no proceeding has been commenced in respect of the dispute,— any party to the dispute may apply to a judge nominated under subsection (1) or subsection (2) for the determination of the questions involved in the dispute. 24d. directions for speedy determination of real questions in proceedings on commercial list the court may from time to time give such directions as the court thinks fit (whether or not inconsistent with the high court rules or any rules made under section 51c) for the speedy and inexpensive determination of the real questions between the parties to proceedings entered on a commercial list. 24e. agreement not to appeal the parties to any proceedings entered on a commercial list may agree that the decision of the court shall be final. 24f. proceedings not to be tried by jury notwithstanding anything in section 19a, no proceeding entered on a commercial list shall be tried before a jury. 24g. restriction of right of appeal from interlocutory decisions no appeal shall lie from an interlocutory decision of the high court in respect of any proceeding entered on a commercial list unless leave to appeal to the court of appeal is given by the high court on application made within 7 days of the decision being given or within such further time as the high court may allow. if the high court refuses leave to appeal from any such interlocutory decision, the court of appeal may grant that leave on application made to the court of appeal within 21 days of the refusal of leave by the high court. d. administrative division of the court [repealed] 25. administrative division of the high court [repealed] 26. jurisdiction of administrative division [repealed] 26a. lay members or assessors in certain cases [repealed] 26b. rules relating to administrative division [repealed] e. associate judges of the high court 26c. appointment of associate judges the governor-general may from time to time, by warrant, appoint fit and proper persons to be associate judges of the high court. the maximum number of associate judges is 9. for the purposes of subsection (2),— an associate judge who is acting on a full-time basis counts as 1: an associate judge who is acting on a part-time basis counts as an appropriate fraction of 1: the aggregate number (for example, 5.5) must not exceed the maximum number of associate judges that is for the time being permitted. a person must not be appointed as an associate judge unless he or she has held a practising certificate as a barrister or solicitor for at least 7 years. an associate judge must not undertake any other paid employment or hold any other office (whether paid or not) unless the chief high court judge is satisfied that the employment or other office is compatible with judicial office. an associate judge holds office until, in accordance with section 26e, he or she retires or resigns or is removed from office. subsection (6) applies to— every associate judge appointed after the commencement of this section; and every person deemed by section 6(1) of the judicature amendment act 2004 to have been appointed as an associate judge at the commencement of this section (despite any provision to the contrary in any enactment or warrant of appointment). 26d. associate judges act on full-time basis but may be authorised to act part-time a person acts as an associate judge on a full-time basis unless he or she is authorised by the attorney-general to act on a part-time basis. the attorney-general may, in accordance with subsection (4), authorise an associate judge appointed under section 26c to act on a part-time basis for a specified period. to avoid doubt, an authorisation under subsection (2) may take effect as from an associate judge’s appointment or at any other time, and may be made more than once in respect of the same associate judge. the attorney-general may authorise an associate judge to act on a part-time basis only— on the request of the associate judge; and with the concurrence of the chief high court judge. in considering whether to concur under subsection (4), the chief high court judge must have regard to the ability of the court to discharge its obligations in an orderly and expeditious way. an associate judge who is authorised to act on a part-time basis must resume acting on a full-time basis at the end of the authorised part-time period. the basis on which an associate judge acts must not be altered during the term of the associate judge’s appointment without the associate judge’s consent, but consent under this subsection is not necessary if the alteration is required by subsection (6). 26e. vacation of office the governor-general may, if the governor-general thinks fit, remove an associate judge for inability or misbehaviour. an associate judge may resign the office of associate judge by notice in writing addressed to the attorney-general. subject to section 26h, every associate judge shall retire from office on attaining the age of 70 years. 26f. salaries and allowances of associate judges subject to subsection (5), there shall be paid to every associate judge, out of public money, without further appropriation than this section,— a salary at such rate as the remuneration authority from time to time determines; and such allowances as are from time to time determined by the remuneration authority; and such additional allowances, being travelling allowances or other incidental or minor allowances, as may be determined from time to time by the governor-general. subject to subsection (5), the salary of an associate judge shall not be diminished during the continuance of the associate judge’s appointment. subject to the remuneration authority act 1977, any determination made under subsection (1), and any provision of any such determination, may be made so as to come into force on a date to be specified in that behalf in the determination, being the date of the making of the determination or any other date, whether before or after the date of the making of the determination or the date of the commencement of this section. every such determination, and every provision of any such determination, in respect of which no date is specified as aforesaid shall come into force on the date of the making of the determination. the salary and allowances payable for a period during which an associate judge acts on a part-time basis must be calculated and paid as a pro rata proportion of the salary and allowances for a full-time equivalent position. for the purpose of subsection (2), the payment of salary and allowances on a pro rata basis under subsection (5) is not a diminution of salary. 26g. superannuation or retiring allowances of associate judges for the purpose of providing a superannuation fund or retiring allowance for persons appointed as associate judges, sums by way of subsidy or contribution may from time to time be paid under part 5b of the government superannuation fund act 1956 or to any registered superannuation scheme in accordance with a determination of the remuneration authority. 26h. temporary associate judges the governor-general may, subject to this section, appoint any person (including a former associate judge) to act as an associate judge for such period as is specified in the warrant of appointment. the period so specified shall not exceed 12 months; but any person appointed under this section may from time to time be reappointed. no person shall be appointed as an associate judge under this section unless that person is eligible for appointment as an associate judge pursuant to section 26c, save that, subject to subsection (4) of this section, a person otherwise qualified who has attained the age of 70 years (including an associate judge who has retired after attaining that age) may be appointed as an associate judge under this section. no person shall be appointed or reappointed as an associate judge under this section who has attained the age of 72 years. subject to section 26f(5), every person appointed as an associate judge under this section shall, during the term of that associate judge’s appointment, be paid the salary and allowances payable by law to an associate judge. no appointment may be made under this section otherwise than on a certificate signed by the chief justice to the effect that, in the opinion of the chief justice, it is necessary for the due conduct of the business of the court that a temporary associate judge be appointed. the chief justice must not sign the certificate without first consulting the chief high court judge. 26i. associate judge may exercise certain powers of the court an associate judge shall have and may exercise all the jurisdiction and powers of the court in relation to the following matters: any application for summary judgment: [repealed] any proceedings under which relief is claimed solely under any of the provisions of sections 140, 143, 144, 145, 145a, and 148 of the land transfer act 1952 (which provisions relate to caveats): the assessment of damages where liability has been determined, or the trial of proceedings in which only the amount of the debt or damages is disputed: the entry of any judgment by consent, or the making of any other order by consent: the making of any order (other than an arrest order or an order relating to an arrest order) that may be made under rules of court against a judgment debtor who has been ordered to attend court for examination: the making, variation, suspension, or discharge of attachment orders under rules of court: any other matter in respect of which jurisdiction is conferred on an associate judge by or under any act. an associate judge shall have and may exercise all the jurisdiction and powers which are vested in the court or a judge by the following enactments: article 11 of schedule 1 of the arbitration act 1996: sections 205 to 207 of the companies act 1955, as applied to compromises and arrangements by section 35 of the companies amendment act 1993: sections 220 to 222, 226, 231(4), 233 to 237, 239, 240(1)(a), 246 to 249, 250 to 263, 265 to 267, 311a, 311b, 312, and 332 of the companies act 1955, as applied in relation to the winding up of a company by section 42(1) of the companies amendment act 1993: sections 139, 168, 209n to 209p, 209r to 209t, 209x to 209za, 209zf, 211, 213, 216 to 218, 220, 231(2), 235(5), 240, 243, 258, 260, 264, 265, 268 to 270, 281, 288, and 467 of the companies act 1955, as continued in force by section 3 of the companies act repeal act 1993: sections 123, 154, 165 to 168, 173, 179, 232 to 234, 236 to 238, part 15a, part 16, and section 329 of the companies act 1993: rules 39, 41, 71, 87 to 89, 91, 94, 95, 96, 111, 125(3), 136, 137, 141 to 143, 190, and 191 of the companies (winding up) rules 1956, as continued in force by section 42(7) of the companies amendment act 1993: section 42(2) of the corporations (investigation and management) act 1989: section 26, part 10, section 119, and part 15 of the insolvency act 1967: the insolvency act 2006 (except sections 150, 166(3), 180, and 236(2)): any regulations or rules made under the insolvency act 2006: rules 41 and 43 of the insolvency rules 1970: any regulations relating to liquidations made under the companies act 1955 or under the companies act 1993: sections 118, 128, 131, 167, 168, 170, 179, 181, 182, and 186 of the personal property securities act 1999: the model law on cross-border insolvency as set out in schedule 1 of the insolvency (cross-border) act 2006. an associate judge shall have and may exercise all the jurisdiction and powers of the court to deal with costs and other matters incidental to the matters over which an associate judge has jurisdiction pursuant to subsection (1) or subsection (2). rules made under section 51c or rules made under any other act in the manner provided in that section may contain such provisions as may be necessary— to enable the proper exercise by associate judges of the jurisdiction and powers conferred by this section; and to regulate the practice and procedure of the court on appeals against the exercise by associate judges of the jurisdiction and powers so conferred. [repealed] 26ia. ancillary powers of associate judge subject to subsection (2), an associate judge shall have, in all proceedings (including proceedings on an interlocutory application) properly before the associate judge, jurisdiction to make any order or to exercise any authority or jurisdiction that might be made or exercised by a judge of the high court. nothing in subsection (1) confers on an associate judge any jurisdiction or power of a kind described in subsection (3) or subsection (4) of section 26j. 26ib. judge or associate judge may, by video link, preside at hearing of specified matters a judge or associate judge may, by video link, preside at the hearing of any matter— over which an associate judge has jurisdiction under section 26i; and that is specified in rules made under section 51c for the purposes of this section. a hearing conducted under the authority of subsection (1)— has effect as if the judge or associate judge were physically present: does not affect the privileges and immunities of the judge or associate judge or of any witnesses, counsel, or parties appearing at the hearing. rules made under section 51c may— specify a class or classes of matters in respect of which hearings authorised by subsection (1) may be conducted: regulate the manner in which hearings authorised by subsection (1) are conducted. 26j. power to make rules conferring specified jurisdiction and powers of judge in chambers on associate judges notwithstanding anything contained in any other provision of this act or of any other act but subject to the provisions of this section, rules made under section 51c or rules made under any other act in the manner provided in that section may confer on associate judges, subject to such limitations and restrictions as may be specified in the rules, such of the jurisdiction and powers of a judge sitting in chambers, conferred by this act or any other act, as may be specified in the rules. any such rules may contain such other provisions as may be necessary— to enable the proper exercise by associate judges of the jurisdiction and powers so conferred; and to regulate the practice and procedure of the court on any application to the court under section 26p(1) to review the exercise by an associate judge of the jurisdiction and powers so conferred. nothing in subsection (1) or subsection (2) authorises the making of any rule which confers on associate judges any jurisdiction or power in respect of any of the following matters: any criminal proceeding, other than an uncontested application for bail or an application for the setting aside of a witness summons: any application for a writ of habeas corpus: any proceedings for the issue or renewal of a writ of sequestration: any proceedings under or by virtue of the care of children act 2004: any action in rem under or by virtue of the admiralty act 1973: any application to review, or any appeal against, the exercise, or the refusal to exercise, by any registrar or deputy registrar, of any jurisdiction or power conferred on any registrar or deputy registrar by or under this act or any other act. nothing in subsection (1) or subsection (2) authorises the making of any rule which confers on associate judges any jurisdiction or power— to grant an anton piller order, or an injunction (whether interlocutory or otherwise): to grant any relief on an application for review under section 4(1) of the judicature amendment act 1972: to grant any relief in any proceedings for a writ or order of or in the nature of mandamus, prohibition, or certiorari, or for a declaration or injunction: to grant any application to remove any person from public office: to try the right of any person to hold any public office. 26k. power of associate judge to deal with witnesses and to punish for contempt sections 56a, 56b, and 56c shall apply in respect of any proceedings before an associate judge, and an associate judge shall have and may exercise all the jurisdiction and powers which, pursuant to those sections, are vested in the court or a judge. 26l. associate judge to have no power to make order for committal, attachment, or arrest except as provided by section 26k, an associate judge shall have no jurisdiction or power to make an order for the committal, attachment, or arrest of any person. 26m. associate judge may act as referee an associate judge may act as a referee under the high court rules in respect of any proceedings or any question arising in the course of any proceedings. 26n. transfer of proceedings from associate judge to judge in any proceedings before an associate judge, an associate judge may, on the application of any party to the proceedings, or of the associate judge’s own motion, refer the proceedings or any matter arising therein to a judge if the associate judge is satisfied that because of the complexity of the proceedings or of that matter, or of any question in issue in the proceedings, it is expedient that the proceedings or that matter be referred to a judge. where any proceedings are to be dealt with or are being dealt with by an associate judge, a judge may, at any time before the conclusion of those proceedings, on application made on notice by any party to the proceedings, order that the proceedings or any part thereof be transferred to a judge if that judge is satisfied that it is desirable that the proceedings or that part thereof be dealt with by a judge. upon the reference of any proceedings, or any matter arising therein, to a judge under subsection (1), or the transfer of any proceedings or any part thereof to a judge under subsection (2), the judge may— dispose of the proceedings; or refer the proceedings or the matter back to the associate judge with such directions as the judge thinks fit. 26o. power of associate judge to adjourn proceedings an associate judge shall have power to order the adjournment of any proceedings, notwithstanding that an associate judge would not otherwise have jurisdiction in respect of those proceedings. 26p. review of, or appeals against, decisions of associate judges any party to any proceedings who is affected by any order or decision made by an associate judge in chambers may apply to the court to review that order or decision and, where a party so applies in accordance with the high court rules, the court— must review the order or decision in accordance with the high court rules; and may make such order as may be just. the determination of the high court on a review under subsection (1) is final, unless the high court gives leave (or the high court refuses leave, but the court of appeal gives special leave) to appeal from it to the court of appeal. rules under section 51c may— specify the nature and extent of reviews or classes of review under subsection (1): regulate the procedure for hearing applications or classes of application under subsection (1): regulate the procedure for hearing applications or classes of application for leave under subsection (1aa). any party to any proceedings may appeal to the court of appeal against any order or decision of an associate judge in those proceedings (other than an order or decision made in chambers). section 66 shall apply to any appeal under subsection (2). 26q. immunity of associate judges every associate judge has the same immunities as a judge of the high court. 26r. jurisdiction of judge not affected nothing in this act or in any rules made under section 51c or in any rules made under any other act in the manner provided in that section shall prevent the exercise by any judge of any jurisdiction or power conferred on an associate judge by this act or by any such rules. f. officers 27. appointment of officers there may from time to time be appointed under the state sector act 1988 such registrars, deputy registrars, and other officers as may be required for the conduct of the business of the court. subpart 1. registrars 28. powers of registrars in order that the court may be enabled to exercise the jurisdiction conferred upon it by this act, every registrar and deputy registrar shall have all the powers and perform all the duties in respect of the court (except such powers and duties as any other officer may be specially appointed to exercise and perform) which registrars and deputy registrars have hitherto performed or which by any rule or statute they may be required to perform. each deputy registrar has the same powers and privileges, performs the same duties, and is subject to the same provisions and penalties under this act and under any other act as if he or she were the registrar for the time being, whether or not those powers, privileges, duties, provisions, or penalties are conferred, imposed, or enacted under this act or that other act. subsection (2) is subject to any provision to the contrary in any other enactment. subpart 2. sheriffs 29. sheriffs and deputy sheriffs every registrar of the high court for the time being shall be a sheriff for new zealand. there may be appointed under the state sector act 1988 in respect of any office of the court 1 or more deputy sheriffs. every deputy sheriff shall, in the absence of the sheriff or when acting for the sheriff, have the powers and privileges, duties and responsibilities of the sheriff under this act or any other enactment. 30. sheriff’s oath [repealed] 31. sureties may withdraw [repealed] 32. duties, etc, of sheriffs every sheriff shall have such powers and privileges, duties and responsibilities, as a sheriff by law has or is liable to in england as a ministerial officer of one of her majesty’s courts at westminster. 33. sheriff to act as queen’s bailiff in addition to his powers and privileges, duties and responsibilities, as a ministerial officer, each sheriff shall also have and exercise the powers and duties of the queen’s bailiff. 34. sheriff not to act as barrister or solicitor no sheriff shall be in any way concerned in any action in any court in new zealand either as a barrister, solicitor, or agent. 35. service of process when sheriff disqualified where any process issues which the sheriff ought not by law to execute, the high court shall authorise some fit person to execute the same; and in every such case the cause of such special proceeding shall be entered upon the records of the court. 36. persons arrested by sheriffs may be committed to prison at once where any sheriff, sheriff’s officer, bailiff, or other person employed under the sheriff, has arrested any person under or by virtue of any writ or process whatsoever, he may forthwith thereafter convey such person, or cause him to be conveyed, to such prison as he ought to be sent to by virtue of the writ or process against him. subpart 3. poundage and fees 37. calculation of sheriff’s poundage [repealed] 38. appointment of, and oath taken by, appraiser [repealed] 39. goods defined [repealed] 40. sheriffs’ and poundage fees [repealed] 41. fee in special cases [repealed] 42. fees to be paid into crown bank account all fees taken by a sheriff under this act must be paid immediately into a crown bank account. subpart 4. deputy sheriffs and acting sheriffs [repealed] 43. where sheriff not present at sitting of court, duties of sheriff may be performed by any person appointed by the court or judge [repealed] 44. provision in cases of vacancy in office of sheriff [repealed] 45. governor may appoint deputy sheriffs [repealed] 46. when deputies to act [repealed] subpart 5. commissioners to administer oaths 47. commissioners to take affidavits, etc, out of new zealand any judge of the high court, by a commission to be issued under the seal of the court, may from time to time appoint any person to be and act as a commissioner of the high court in any country or place beyond the jurisdiction of the high court, for the purpose of administering and taking any oath, affidavit, or affirmation, whetherin any civil or criminal proceedings commenced or pending in the high court; or in any action, cause, proceeding, matter, or thing commenced or pending in any court of concurrent jurisdiction in new zealand or in any inferior court; or in any proceedings or in any matter or thing within the cognisance or jurisdiction of the high court or of any court of concurrent jurisdiction in new zealand or of any inferior court. every such appointment shall be gazetted. 48. affidavits, etc, so taken to be of like effect as if taken in new zealand every oath, affidavit, or affirmation taken or made before any such commissioner as aforesaid shall within new zealand be of the like effect in all respects as if the same had been administered, made, or taken by or before any court or persons having authority to administer or take the same in new zealand. 49. commission may be revoked any commission issued as aforesaid may be revoked by any judge of the court for any cause which such judge deems sufficient; but no such revocation shall affect or prejudice any act, matter, or thing done by any commissioner by virtue of his commission prior to a notification of such revocation having been given or sent to him. every revocation of any such appointment shall be gazetted, and the notice published in the gazette shall state the date when notice of revocation was given or sent to the commissioner affected thereby. subpart 6. practice and procedure of the court 50. seal of the court the court shall have in the custody of each registrar a seal of the court, for the sealing of all writs and other instruments or documents issued by such registrar and requiring to be sealed. [repealed] 51. high court rules subject to subsections (2) to (4) and to sections 51a to 56c, the practice and procedure of the court in all civil proceedings shall be regulated by the high court rules. the high court rules shall be subject to any other rules which are made pursuant to section 51c and which prescribe the procedure applicable in respect of any class of civil proceedings or in respect of the practice or procedure of the court of appeal. where any provision of the high court rules or of any rules made under section 51c restricts or excludes the application of the high court rules or any provisions of the high court rules, the provision that effects the restriction or exclusion shall have effect according to its tenor. if in any civil proceedings any question arises as to the application of any provision of the high court rules or of any rules made under section 51c, the court may, either on the application of any party or of its own motion, determine the question and give such directions as it thinks fit. 51a. publication of high court rules under legislation act 2012 the high court rules, and any reprint of the high court rules, may be published under the legislation act 2012 as if the rules were a legislative instrument within the meaning of that act. the legislation act 2012 applies accordingly to rules published in that way. 51b. rules committee for the purposes of this act and the district courts act 1947 and the criminal procedure act 2011, there is a rules committee consisting of— the chief justice: the chief high court judge: 2 other judges of the high court appointed by the chief justice: the chief district court judge: 1 other district court judge appointed by the chief justice on the recommendation of the chief district court judge: the attorney-general: the solicitor-general: the chief executive of the ministry of justice: 2 persons, who are barristers and solicitors of the high court, nominated by the council of the new zealand law society and approved by the chief justice. the chief justice may appoint any other person to be a member for a special purpose. that person holds office during the pleasure of the chief justice. the members referred to in paragraphs (b), (d), and (h) of subsection (1)— must be appointed for terms not exceeding 3 years: may be reappointed: may resign office by notice in writing to the chief justice. the rules committee is a statutory board within the meaning of the fees and travelling allowances act 1951. the members referred to in subsections (1)(h) and (2) may be paid, out of money appropriated by parliament, remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the fees and travelling allowances act 1951. 51c. power to make rules the governor-general in council, with the concurrence of the chief justice and any 2 or more of the members of the rules committee, of whom at least 1 shall be a judge, may, for the purposes of facilitating the expeditious, inexpensive, and just dispatch of the business of the court, or of otherwise assisting in the due administration of justice, from time to time make rules regulating the practice and procedure of the high court and of the court of appeal and of the supreme court (including the practice and procedure on appeals from any court or person to the supreme court, the court of appeal, or the high court). rules made pursuant to subsection (1) may— repeal the high court rules set out in schedule 2, and substitute a new set of high court rules: alter or revoke any of the rules contained in the high court rules: add to the high court rules any further rules touching the practice and procedure of the high court in all or any of the civil proceedings within its jurisdiction: add to the high court rules any rules made for the purposes of part 1a: alter or revoke any rules regulating the practice or procedure of the court of appeal (including those contained in the court of appeal rules 1955): revoke the court of appeal rules 1955: alter or revoke any other rules of the high court, the court of appeal, or the supreme court that are now or may hereafter be in force: fix scales of costs. 51d. rules of court under other acts to be made in manner provided by this act where any other act confers power to make rules of procedure in relation to civil proceedings, that power shall be exercised by the governor-general in council in the manner prescribed by section 51c, and not otherwise. 51e. power to prescribe procedure on applications to high court, court of appeal, or supreme court notwithstanding anything to the contrary in any act or in any imperial act in force in new zealand, rules may be made under section 51c prescribing the form and manner in which any class or classes of applications to the high court or a judge thereof or to the court of appeal or to the supreme court shall be made. so far as the provisions of any act prescribing the form or manner in which any such applications are to be made, whether by petition, motion, summons, or otherwise, are inconsistent with or repugnant to the high court rules or the court of appeal rules or to any rules made under section 51c, the act prescribing that form or manner shall be deemed to be subject to the rules. 51f. power to make rules conferring specified jurisdiction and powers of judge on registrars or deputy registrars notwithstanding anything contained in any other provision of this act or of any other act, but subject to the provisions of this section, rules made under section 51c or rules made under any other act in the manner provided in that section may confer on registrars and deputy registrars (whether of the high court, the court of appeal, or the supreme court), subject to such limitations and restrictions as may be specified in the rules, such of the jurisdiction and powers of a judge sitting in chambers, conferred by this act or any other act, as may be specified in the rules, and may contain such other provisions as may be necessary to enable the proper exercise by registrars and deputy registrars of the jurisdiction and powers so conferred. any jurisdiction and any powers conferred under this section may be conferred on specified registrars or deputy registrars or on any specified class or classes of registrars or deputy registrars. where any matter in respect of which a registrar or deputy registrar has jurisdiction under any rules of court appears to the registrar or deputy registrar to be one of special difficulty, the registrar or deputy registrar may refer the matter to a judge, who may dispose of the matter or may refer it back to the registrar or deputy registrar with such directions as the judge thinks fit. any party to any proceedings or any intended proceedings who is affected by any order or decision made by any registrar or deputy registrar under any rules of court may apply to the court to review that order or decision, and where a party so applies the court may make such order as may be just. nothing in this section or in the high court rules or in any rules made under section 51c or in any rules made under any other act shall prevent the exercise by any judge of any jurisdiction or powers conferred on any registrar or deputy registrar by any such rules. 51g. jurisdiction of court to award costs in all cases where any act confers jurisdiction on the high court or a judge thereof in regard to any civil proceedings or any criminal proceedings or any appeal, without expressly conferring jurisdiction to award or otherwise deal with the costs of the proceedings or appeal, jurisdiction to award and deal with those costs and to make and enforce orders relating thereto shall be deemed to be also conferred on the court or judge. such costs shall be in the discretion of the court or judge, and may, if the court or judge thinks fit, be ordered to be charged upon or paid out of any fund or estate before the court. 52. power of judge to hold or adjourn sitting a judge may hold any sitting of the court at any time and place the judge thinks fit. a judge may adjourn a sitting of the court to a time and place the judge thinks fit. if a judge is not present at the time appointed for a sitting of the court, the registrar may adjourn the sitting to a time that is convenient. 53. fees to be paid into crown bank account all fees received under this act must be paid into a crown bank account. 54. service of process on sundays void subject to any rule of court, no person shall serve or execute, or cause to be served or executed, on sunday any statement of claim, application, writ, process, warrant, order, or judgment of the high court or court of appeal (except in cases of crime or of breach of the peace), and such service or execution shall be void to all intents and purposes whatsoever. nothing in subsection (1) shall apply to— the service of any writ in rem or warrant of arrest in respect of any proceedings heard or to be heard in the high court in its admiralty jurisdiction; or the service of any subpoena or interlocutory injunction. nothing in this section shall be construed to annul, repeal, or in any way affect the common law, or the provisions of any statute or rule of practice or procedure, now or hereafter in force, authorising the service of any statement of claim, application, writ, process, or warrant, in cases other than those excepted in subsection (1). 54a. verdict of three-fourths [repealed] 54b. discharge of juror or jury nothing in this act affects the powers of a court or judge to discharge a juror or jury for a civil case under section 22 of the juries act 1981. g. miscellaneous rules of law and of practice subpart 1. habeas corpus [repealed] 54c. procedure in respect of habeas corpus [repealed] subpart 2. absconding debtors 55. power under certain circumstances to arrest defendant about to quit new zealand a person shall not be arrested upon mesne process in any civil proceedings in the high court. where in any civil proceedings in the high court in which, if brought before 1 october 1874 (being the date of the coming into operation of the imprisonment for debt abolition act 1874), the defendant would have been liable to arrest, the plaintiff proves at any time before final judgment, by evidence on oath to the satisfaction of a judge of the court, that the plaintiff has good cause of action against the defendant to the amount of $100 or upwards, and that there is probable cause for believing that the defendant is about to quit new zealand unless he is apprehended, and that the absence of the defendant from new zealand will materially prejudice the plaintiff in the prosecution of those proceedings, such judge may, in the prescribed manner, order such defendant to be arrested and imprisoned for a period not exceeding 6 months, unless and until he has sooner given the prescribed security, not exceeding the amount claimed in those proceedings, that he will not go out of new zealand without the leave of the high court. where the civil proceedings are for a penalty, or sum in the nature of a penalty, other than a penalty in respect of any contract, it shall not be necessary to prove that the absence of the defendant from new zealand will materially prejudice the plaintiff in the prosecution of those proceedings; and the security given (instead of being that the defendant will not go out of new zealand) shall be to the effect that any sum recovered against the defendant in those proceedings will be paid or that the defendant shall be rendered to prison. all the powers conferred by this section upon a judge may be exercised by the registrar of the court: provided that such powers shall be exercised by the said registrar only in the absence of the judge from the place where the office of the court is situate at which the application for such order as aforesaid is made. subpart 3. foreign creditors 56. memorials of judgments obtained out of new zealand may be registered any person in whose favour any judgment, decree, rule, or order, whereby any sum of money is made payable, has been obtained in any court of any of her majesty’s dominions may cause a memorial of the same containing the particulars hereinafter mentioned, and authenticated by the seal of the court wherein such judgment, decree, rule, or order was obtained, to be filed in the office of the high court; and such memorial being so filed shall thenceforth be a record of such judgment, decree, rule, or order, and execution may issue thereon as hereinafter provided. every seal purporting to be the seal of any such court shall be deemed and taken to be the seal of such court until the contrary is proved, and the proof that any such seal is not the seal of such court shall lie upon the party denying or objecting to the same. every such memorial shall be signed by the party in whose favour such judgment, decree, rule, or order was obtained, or his attorney or solicitor, and shall contain the following particulars, that is to say: the names and additions of the parties, the form or nature of the action or other proceeding, and, when commenced, the date of the signing or entering-up of the judgment, or of passing the decree, or of making the rule or order, and the amount recovered, or the decree pronounced, or rule or order made, and, if there was a trial, the date of such trial and amount of verdict given. the court or any judge thereof, on the application of the person in whose favour such judgment, decree, rule, or order was obtained, or his solicitor, may grant a rule or issue a summons calling upon the person against whom such judgment, decree, rule, or order was obtained to show cause, within such time after personal or such other service of the rule or summons as such court or judge directs, why execution should not issue upon such judgment, decree, rule, or order, and such rule or summons shall give notice that in default of appearance execution may issue accordingly; and if the person served with such rule or summons does not appear, or does not show sufficient cause against such rule or summons, such court or judge, on due proof of such service as aforesaid, may make the rule absolute, or make an order for issuing execution as upon a judgment, decree, rule, or order of the court, subject to such terms and conditions (if any) as such court or judge thinks fit. all such proceedings may be had or taken for the revival of such judgment, decree, rule, or order, or the enforcement thereof by and against persons not parties to such judgment, decree, rule, or order as may be had for the like purposes upon any judgment, decree, rule, or order of the court. subpart 4. witnesses 56a. failure of witness to attend if any witness who is compellable to attend to give evidence at the hearing of any civil proceeding in the high court and who has been duly summoned fails to attend at the time and place appointed, the court may issue a warrant to arrest him and bring him before the court, and may adjourn the hearing. the court may impose on any such witness who fails without just excuse (the proof of which excuse shall be on him) to attend as aforesaid a fine not exceeding $500. no witness shall be compellable to attend at the hearing of any civil proceeding in the high court unless at the time of the service of the order of subpoena, or at some other reasonable time before the hearing, a sum in respect of his allowances and travelling expenses in accordance with the scale prescribed for the time being by regulations made under the criminal procedure act 2011 is tendered or paid to him. 56b. refusal of witness to give evidence if any witness in any civil proceeding in the high court, without offering any just excuse, refuses to give evidence when required, or refuses to produce any document which he has been required to produce, or refuses to be sworn, or having been sworn refuses to answer such questions concerning that proceeding as are put to him, the court may order that, unless he sooner consents to give evidence or to produce the document or to be sworn or to answer thse questions put to him, as the case may be, he be detained in custody for any period not exceeding 7 days, and may issue a warrant for his arrest and detention in accordance with the order. if the person so detained, on being brought up again at the hearing, again refuses to give evidence or to produce the document or to be sworn or, having been sworn, to answer the questions put to him, the court, if it thinks fit, may again direct that the witness be detained in custody for the like period, and so again from time to time until he consents to give evidence or to produce the document or to be sworn or to answer as aforesaid. nothing in this section shall limit or affect any power or authority of the court to punish any witness for contempt of court in any case to which this section does not apply. 56bb. witnesses entitled to expenses [repealed] subpart 5. contempt of court 56c. contempt of court if any person— assaults, threatens, intimidates, or wilfully insults a judge, or any registrar, or any officer of the court, or any juror, or any witness, during his sitting or attendance in court, or in going to or returning from the court; or wilfully interrupts or obstructs the proceedings of the court or otherwise misbehaves in court; or wilfully and without lawful excuse disobeys any order or direction of the court in the course of the hearing of any proceedings— any constable or officer of the court, with or without the assistance of any other person, may, by order of the judge, take the offender into custody and detain him until the rising of the court. in any such case as aforesaid, the judge, if he thinks fit, may sentence the offender to imprisonment for any period not exceeding 3 months, or sentence him to pay a fine not exceeding $1,000 for every such offence; and in default of payment of any such fine may direct that the offender be imprisoned for any period not exceeding 3 months, unless the fine is sooner paid. nothing in this section shall limit or affect any power or authority of the court to punish any person for contempt of court in any case to which this section does not apply. subpart 6. immigration matters 56ca. judicial review of decisions under immigration act 1987 [repealed] part 1a. special provisions applying to certain proceedings in the high court and the federal court of australia 56d. interpretation in this part, unless the context otherwise requires,— australian proceeding means a proceeding in which a matter for determination arises under— whether or not any other matter arises for determination; and includes an interlocutory proceeding related to such a proceeding and an application for the issue of execution or enforcement of a judgment or order or injunction given or made or granted in such a proceeding federal court means the federal court of australia new zealand proceeding means a proceeding in which a matter for determination arises under— any of sections 36a, 98h, or 99a of the commerce act 1986; or a provision of part 6 or part 7 of the commerce act 1986 in so far as it relates to any of sections 36a, 98h, or 99a of that act,— whether or not any other matter arises for determination; and includes an interlocutory proceeding related to such a proceeding and an application for the issue of execution or enforcement of a judgment or order or injunction given or made or granted in such a proceeding. 56db. trans-tasman proceedings act 2010 does not affect this part this part is not limited or affected by the trans-tasman proceedings act 2010. 56dc. courts (remote participation) act 2010 does not apply to remote appearances under this part nothing in the courts (remote participation) act 2010 applies to any appearance by video link or telephone conference in accordance with this part. 56e. high court may order new zealand proceedings to be heard in australia the high court may, if it is satisfied that a new zealand proceeding could more conveniently or fairly be tried or heard by the high court in australia or that the evidence in a new zealand proceeding could more conveniently be given in australia, as the case may be, order that the proceeding be tried or heard in australia, or that the evidence be taken in australia, and may sit in australia for that purpose. the order shall specify— the place in australia where the proceeding will be tried or heard or the evidence taken, as the case may be: the date or dates of the trial or hearing or on which the evidence will be taken, as the case may be: such other matters relating to the trial or the hearing or the taking of the evidence, as the case may be, as the court thinks fit. without limiting the powers of the high court in relation to the proceeding, the high court may give judgment in, or make any determination for the purposes of, a new zealand proceeding in australia. 56f. australian counsel entitled to practise in high court a person who is entitled to practise as a barrister, or solicitor, or both, in the federal court is entitled to practise as a barrister, or solicitor, or both in relation to— a new zealand proceeding before the high court sitting in australia: the examination, cross-examination, or re-examination of a witness in australia whose evidence is being taken by video link or telephone conference in a new zealand proceeding before the high court in new zealand: the making of submissions by video link or telephone conference to the high court in new zealand in a new zealand proceeding. 56g. high court may set aside subpoena issued in new zealand proceeding the high court may set aside an order of subpoena issued by the high court requiring the attendance of a person in australia to testify or to produce documents to the high court for the purposes of a new zealand proceeding. an application under subsection (1) shall be made by the person served with the order of subpoena and may be made ex parte. without limiting the grounds on which the order of subpoena may be set aside, the high court may set the order aside on any of the following grounds: that the witness does not have, and could not reasonably be expected to obtain, the necessary travel documents: that the witness is liable to be detained for the purpose of serving a sentence: that the witness is liable to prosecution for an offence: that the witness is liable to the imposition of a penalty in civil proceedings, not being proceedings for a pecuniary penalty under section 80 or section 83 of the commerce act 1986: that the evidence of the witness could be obtained without significantly greater expense by other means: that compliance with the order of subpoena would cause hardship or serious inconvenience to the witness: in the case of an order of subpoena that requires a witness to produce documents, whether or not it also requires the witness to testify, that the court is satisfied that the documents should not be taken out of australia and that evidence of the contents of the documents can be given by other means. every application to set aside an order of subpoena under subsection (1) shall be made by affidavit. the affidavit shall— be sworn by the applicant; and set out the facts on which the applicant relies; and be filed in the office of the court that issued the order of subpoena. the registrar of the court shall cause a copy of the affidavit to be served on the solicitor on the record for the party to the proceedings who obtained the order of subpoena, or if there is no solicitor on the record, on that party. 56h. injunctions and orders in new zealand proceedings notwithstanding any rule of law, the high court may, in a new zealand proceeding, make an order or grant an injunction that the court is empowered to make or grant that requires a person to do an act, or refrain from engaging in conduct, in australia. 56i. issue of subpoenas in new zealand proceedings an order of subpoena may, with the leave of a judge, be obtained in a new zealand proceeding requiring a person in australia to testify, or produce documents or things, or both, to the high court at a sitting of that court in new zealand or in australia. an order of subpoena issued for the purposes of a new zealand proceeding that requires a witness in australia to produce documents or things, but does not require the witness to testify, must permit the witness to comply with the order of subpoena by producing the documents or things to a specified registry of the federal court. 56j. powers of federal court of australia the federal court of australia may exercise all the powers of that court— at a sitting of that court in new zealand held for the purposes of an australian proceeding: at a sitting of that court in australia held for the purposes of an australian proceeding at which the evidence of a witness in new zealand is taken by video link or telephone conference or at which submissions are made in new zealand by a barrister, or solicitor, or both or a party to the proceedings by video link or telephone conference. without limiting subsection (1), the federal court of australia act 1976 and the rules of court made under that act that are applicable in relation to australian proceedings generally shall apply to the practice and procedure of the federal court at any sitting of that court of the kind referred to in that subsection. without limiting subsection (1), the federal court may, at any such sitting of the court in new zealand or in australia, by order— direct that the hearing or any part of the hearing be held in private: require any person to leave the court: prohibit or restrict the publication of evidence or the name of any party or any witness. nothing in subsection (1) or subsection (2) applies in relation to— the power of the court to punish any person for contempt; or the prosecution of any person for an offence committed as a witness; or the enforcement or execution of any judgment, order, injunction, writ, or declaration given, made, or granted by the court. an order made under subsection (3) may be enforced by a judge of the high court who, for that purpose, shall have and may exercise the powers, including the power to punish for contempt, that would be available to enforce the order if it had been made by that judge. 56k. issue of subpoenas in australian proceedings an order of subpoena that is issued by the federal court with the leave of a judge of that court requiring the attendance of a person in new zealand to testify or to produce documents for the purposes of an australian proceeding may be served on that person in new zealand by leaving a sealed copy of the subpoena with that person personally together with a statement setting out the rights and obligations of that person, including information as to the manner in which application may be made to that court to have the subpoena set aside. a person who has been served with an order of subpoena under subsection (1) is not compellable to comply with the order unless, at the time of service of the order or at some other reasonable time before the hearing, allowances and travelling expenses or vouchers sufficient to enable that person to comply with the order are tendered or paid to that person. 56l. failure of witness to comply with subpoena issued in australian proceeding the court may, on receiving a certificate under the seal of the federal court stating that a person named in the certificate has failed to comply with an order of subpoena requiring that person to attend as a witness for the purposes of an australian proceeding, issue a warrant requiring any constable to arrest that person and bring that person before the court. the court may, on the appearance of that person before the court, impose a fine not exceeding $1,000 unless the court is satisfied, the onus of proof of which shall lie with that person, that the failure to comply with the order of subpoena should be excused. in determining whether the failure to comply with the order of subpoena should be excused, the high court may have regard to— any matters that were not brought to the attention of the federal court, if the high court is satisfied that— the federal court would have been likely to have set aside the order of subpoena if those matters had been brought to the attention of that court; and the failure to bring those matters to the attention of the federal court was not due to any fault on the part of the person alleged to have failed to comply with the order of subpoena or was due to an omission by that person that should be excused; and any matters to which the high court would have regard if the order of subpoena had been issued by the high court. for the purposes of this section, but subject to subsection (3), a certificate under the seal of the federal court stating— that the order of subpoena was issued by that court: that the witness failed to comply with the order of subpoena: in relation to any application made to that court to have the order of subpoena set aside, the decision of that court or any orders or findings of fact made by that court— shall be conclusive evidence of the matters stated in it. subject to subsection (3), no findings of fact made by the federal court on an application to that court to have the order of subpoena set aside may be challenged by any person alleged to have failed to comply with the order unless the court was deliberately misled in making those findings of fact. 56m. federal court of australia may administer oaths in new zealand the federal court may— at any sitting of that court in new zealand held for the purposes of an australian proceeding; or for the purposes of obtaining the testimony of a person in new zealand by video link or telephone conference at a sitting of that court in australia— administer an oath or affirmation in accordance with the practice and procedure of that court. evidence given by a person on oath or affirmation administered by the federal court under subsection (1), for the purposes of section 108 of the crimes act 1961 (which relates to perjury), be deemed to have been given as evidence in a judicial proceeding on oath. 56n. orders made by federal court of australia not subject to review no application for review under part 1 of the judicature amendment act 1972 and no application for an order of mandamus or prohibition or certiorari or for a declaration or injunction may be brought in respect of any judgment or order or determination of the federal court made or given at a sitting of that court in new zealand in an australian proceeding. 56o. contempt of federal court of australia every person commits an offence who, at any sitting of the federal court in new zealand,— assaults, threatens, intimidates, or wilfully insults— a judge of that court; or a registrar or officer of that court; or a person appearing as a barrister, or solicitor, or both, before that court; or a witness in proceedings before that court; or wilfully interrupts or obstructs the proceedings; or wilfully and without lawful excuse disobeys any order or direction of the court in the course of the proceedings. every person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000. 56p. arrangements to facilitate sittings the chief justice of new zealand may make arrangements with the chief justice of the federal court for the purposes of giving effect to this part. without limiting subsection (1) arrangements may be made— to enable the high court to sit in australia in new zealand proceedings in the courtrooms of the federal court or in other places in australia: to enable the federal court to sit in new zealand in the courtrooms of the high court or in other places in new zealand: to enable evidence to be given and the submissions of counsel to be made in new zealand proceedings or in australian proceedings by video link or telephone conference: for the provision of registry facilities and court staff. 56q. privileges and immunities of judges, counsel, and witnesses in australian proceedings a judge of the federal court sitting as a judge of that court in new zealand in an australian proceeding has all the protections, privileges, and immunities of a judge of the high court. every witness who gives evidence in an australian proceeding— at a sitting in new zealand of the federal court; or by video link or telephone conference at a sitting in australia of the federal court— has all the privileges and immunities of a witness in the high court. a person appearing as a barrister, or solicitor, or both, in an australian proceeding— at a sitting in new zealand of the federal court; or by video link or telephone conference at a sitting in australia of the federal court— has all the privileges and immunities of counsel in the high court. a person appearing as a party in an australian proceeding— at a sitting in new zealand of the federal court; or by video link or telephone conference at a sitting in australia of the federal court— has all the privileges and immunities of a party in a proceeding in the high court. 56r. high court may take evidence at request of federal court the high court may, at the request of the federal court, take evidence in new zealand for the federal court for the purposes of an australian proceeding and may, by order, make any provision it considers appropriate for the purpose of taking that evidence. an order may require a specified person to take such steps the high court considers appropriate for taking the evidence. without limiting subsections (2) and (3), an order may, in particular, make provision— for the examination of witnesses, either orally or in writing; or for the production of documents or things; or for the inspection, photographing, preservation, custody, or detention of any property; or for taking samples of property and carrying out experiments on or with property. the high court may make an order requiring a person to give evidence either orally or by tendering a written document otherwise than on oath or affirmation if the federal court requests it to do so. a person who has been served with an order made under this section is not compellable to comply with the order unless, at the time of service of the order or at some other reasonable time before that person is required to comply with the order, allowances and travelling expenses or vouchers sufficient to enable that person to comply with the order are tendered or paid to that person. a person is not compellable to give evidence pursuant to an order under this section that he or she is not compellable to give in the australian proceeding to which the request relates. 56s. power to make rules for purposes of this part rules may be made under section 51c, for or in relation to, australian proceedings and new zealand proceedings. without limiting subsection (1), rules may be made that make provision for, or in relation to,— the giving of evidence and the making of submissions in new zealand proceedings by video link or telephone conference: receiving, for the purposes of the evidence amendment act 1990, facsimiles as evidence of documents or things: the issuing of subpoenas for service in australia for the purposes of new zealand proceedings and the service of those subpoenas: the payment of witnesses required to comply with orders of subpoena served in australia for the purposes of new zealand proceedings of amounts in respect of expenses and loss of income occasioned by compliance with those orders: the lodging of documents or things with the federal court in compliance with orders of subpoena issued in new zealand proceedings that require only the production of documents or things by witnesses: the transmission of documents or things lodged with the high court in australian proceedings in compliance with orders of subpoena issued by the federal court or certified copies of such documents to the federal court: the hearing of applications for orders under section 56g: sittings of the high court in australia: giving effect to arrangements made under section 56p: the form of certification of judgments, orders, and injunctions in new zealand proceedings: the taking of evidence under section 56r: such other matters as are contemplated by or necessary for giving effect to this part. part 2. the court of appeal a. constitution of the court 57. constitution of court of appeal there shall continue to be in and for new zealand a court of record called, as heretofore, the court of appeal of new zealand: provided and it is hereby declared that the court of appeal heretofore and now held and henceforth to be held is and shall be deemed and taken to be the same court. subject to this part, the court of appeal comprises— a judge of the high court appointed by the governor-general as a judge of the court of appeal and as president of that court: not fewer than 5 nor more than 9 other judges of the high court appointed by the governor-general as judges of the court of appeal. any judge may be appointed to be a judge of the court of appeal either at the time of his appointment as a judge of the high court or at any time thereafter. every judge of the court of appeal shall continue to be a judge of the high court, and may from time to time sit as or exercise any of the powers of a judge of the high court. every judge of the court of appeal shall hold office as a judge of that court so long as he holds office as a judge of the high court: provided that, with the prior approval of the governor-general, any judge of the court of appeal may resign his office as a judge of that court without resigning his office as a judge of the high court. the judges of the court of appeal have seniority over all the judges of the high court (including any additional judge of the court of appeal) except the chief justice and the other judges of the supreme court. the president of the court of appeal has seniority over the other judges of the court of appeal. other judges of the court of appeal appointed on different dates have seniority among themselves according to those dates. other judges of the court of appeal appointed on the same date have seniority among themselves according to their seniority as judges of the high court. a judge of the court of appeal who resigns office as a judge of that court without resigning office as a judge of the high court then has, as a judge of the high court, the seniority that he or she would have had if he or she had not been appointed as a judge of the court of appeal. while any vacancy exists in the office of president of the court of appeal, or during any absence from new zealand of the president, or while by reason of illness or any other cause he is prevented from exercising the duties of his office, the senior judge of the court of appeal shall have authority to act as president of the court of appeal and to execute the duties of that office and to exercise all powers that may be lawfully exercised by the president. the jurisdiction of the court of appeal shall not be affected by any vacancy in the number of the judges of that court. 57a. judges of court of appeal act on full-time basis but may be authorised to act part-time a person acts as a judge of the court of appeal on a full-time basis unless he or she is authorised by the attorney-general to act on a part-time basis. the attorney-general may, in accordance with subsection (4), authorise a judge to act on a part-time basis for any specified period. to avoid doubt, an authorisation under subsection (2) may take effect as from a judge’s appointment or at any other time, and may be made more than once in respect of the same judge. the attorney-general may authorise a judge to act on a parttime basis only— on the request of the judge; and with the concurrence of the president of the court of appeal. in considering whether to concur under subsection (4), the president of the court of appeal must have regard to the ability of the court to discharge its obligations in an orderly and expeditious way. a judge who is authorised to act on a part-time basis must resume acting on a full-time basis at the end of the authorised part-time period. the basis on which a judge acts must not be altered during the term of the judge’s appointment without the judge’s consent, but consent under this subsection is not necessary if the alteration is required by subsection (6). this section applies only to judges who are appointed as judges of the court of appeal. 58. court of appeal to sit in divisions except as provided in sections 58d and 61a, for the purposes of any proceedings in the court of appeal, the court sits in divisions comprising 3 judges. [repealed] there are— 1 or more divisions of the court of appeal for the purposes of criminal proceedings; and 1 or more divisions of the court of appeal for the purposes of civil proceedings. each division of the court of appeal may exercise all the powers of the court of appeal. a division of the court may exercise any powers of the court even though 1 or more divisions of the court or a full court is exercising any powers of the court at the same time. if the majority of the members of a division of the court considers it desirable to do so, the division may— refer any proceeding; or state any case; or reserve any question— for the consideration of a full court of the court of appeal, and in that case a full court has the power to hear and determine the proceeding, case, or question. 58a. composition of criminal appeals division or divisions for the purposes of any criminal proceeding that is heard by a division, the court of appeal comprises— 3 judges of the court of appeal holding office under section 57(2); or 2 judges of the court of appeal holding office under section 57(2) and 1 judge of the high court nominated by the chief justice under subsection (2); or 1 judge of the court of appeal holding office under section 57(2) and 2 judges of the high court nominated by the chief justice under subsection (2). except where the work of the high court renders it impracticable for the chief justice to do so, the chief justice must from time to time, after consulting the president of the court of appeal and the chief high court judge, nominate the judges of the high court who may comprise members of the court of appeal for the purposes of any proceeding or proceedings to which subsection (1) relates. every nomination under subsection (2) must be made either— in respect of a specified case or specified cases; or in respect of every case to be heard by the court of appeal during a specified period not exceeding 3 months. for the purposes of this section, criminal proceeding means an appeal or application to the court of appeal under part 6 of the criminal procedure act 2011. 58b. composition of civil appeals division or divisions for the purposes of any civil proceeding that is heard by a division of the court, the court of appeal comprises— 3 judges of the court of appeal holding office under section 57(2); or 2 judges of the court of appeal holding office under section 57(2) and 1 judge of the high court nominated by the chief justice under subsection (2); or 1 judge of the court of appeal holding office under section 57(2) and 2 judges of the high court nominated by the chief justice under subsection (2). except where the work of the high court renders it impracticable for the chief justice to do so, the chief justice must from time to time, after consulting the president of the court of appeal and the chief high court judge, nominate the judges of the high court who may comprise members of the court of appeal for the purposes of any proceeding or proceedings to which subsection (1) relates. every nomination under subsection (2) must be made either— in respect of a specified case or specified cases; or in respect of every case to be heard by the court of appeal during a specified period not exceeding 3 months. for the purposes of this section, the term civil proceeding means— any appeal to the court of appeal against any judgment or order given or made in a proceeding other than a criminal proceeding: any application relating to an appeal of the kind mentioned in paragraph (a): any application for leave to bring an appeal of the kind mentioned in paragraph (a): any proceeding transferred to the court of appeal under section 64. 58c. assignment of judges to divisions judges are assigned to act as members of a criminal or civil division of the court of appeal in accordance with a procedure adopted from time to time by judges of the court of appeal holding office under section 57(2). the president of the court of appeal must publish in the gazette any procedure adopted under subsection (1). a judge of the high court who is eligible to act as a judge of a division of the court of appeal because of a nomination made under section 58a(2) or section 58b(2) may not be assigned to a division without the concurrence of the chief justice and the chief high court judge. 58d. court of appeal to sit as full court in certain cases subject to subsection (3), a full court consists of 5 judges. subject to section 58f, a full court is constituted only by judges of the court of appeal holding office under section 57(2). where, pending the determination of any proceeding, 1 or more of the members of a full court before whom the proceeding is being heard or was heard— dies; or becomes seriously ill; or is otherwise unavailable for any reason,— it is not necessary for that proceeding to be reheard, and the remaining members may continue to act as a full court for the purposes of this section with power to determine the proceeding or any incidental matter (including the question of costs) that may arise in the course of that proceeding. the court of appeal must sit as a full court to hear and determine— cases that are considered, in accordance with the procedure adopted under section 58e, to be of sufficient significance to warrant the consideration of a full court: any proceeding, case, or question referred under section 58(6) for hearing and determination by a full court: any appeal from a decision of the court martial appeal court under section 10 of the court martial appeals act 1953. 58e. cases of sufficient significance for full court the question whether a case is of sufficient significance to warrant the consideration of a full court must be determined in accordance with the procedure which those judges of the court of appeal holding office under section 57(2) from time to time adopt. the president of the court of appeal must publish in the gazette any procedure adopted by the judges of the court of appeal under subsection (1). 58f. high court judges sitting on full court whenever the president of the court of appeal certifies in writing that due to— the illness or absence on leave of any of the judges holding office under section 57(2); or the need for the expertise of a specific judge of the high court in a particular case; or any other exceptional circumstances,— it is necessary for a specified judge who has been assigned to a division of the court under section 58c to sit as a member of the full court, that judge may sit as a member of the full court. no more than 1 judge of the high court may sit as a member of the full court at any one time. 58g. authority of high court judges the fact that a judge of the high court acts as a judge of the court of appeal is conclusive evidence of the judge’s authority to do so, and no judgment or determination given or made by the court of appeal while the judge so acts may be questioned on the ground that the occasion for the judge so acting had not arisen or had ceased to exist. a judge of the high court who has acted as a judge of the court of appeal may attend sittings of the court of appeal for the purpose of giving any judgment or passing sentence in or otherwise completing any proceeding in relation to any case that has been heard by the judge while he or she so acted. 59. judgment of court of appeal the judgment of the court must be in accordance with the opinion of a majority of the judges hearing the proceeding concerned. if the judges present are equally divided in opinion, the judgment or order appealed from or under review is taken to be affirmed. the delivery of the judgment of the court of appeal may be effected in any manner provided by rules made under section 51c. 60. sittings of court of appeal the court of appeal may from time to time appoint ordinary or special sittings of the court, and may from time to time make rules, not inconsistent with the rules of practice and procedure of the court of appeal for the time being in force under this act or with the laws of new zealand, in respect of the places and times for holding sittings of the court, the order of disposing of business, and any other necessary matters. if present at a sitting of the court of appeal, the president presides. if the president of the court of appeal is absent from a sitting of the court, the senior judge of the court present presides. the court has power from time to time to adjourn any sitting until such time and to such place as it thinks fit. 60a. court of appeal may sit in divisions [repealed] 61. adjournment in cases of absence of some of the judges where, by reason of the absence of all or any 1 or more of the judges of the court of appeal at the time appointed for the sitting of the court or any adjournment thereof, it is necessary to adjourn the sitting of the court to a future day, any 1 or more of the judges at the time appointed for such sitting, or at the time of any adjournment thereof, or the registrar of the said court in case none of the judges thereof are present, may adjourn or further adjourn such sitting to such future day and hour as such judge or judges or such registrar think fit. 61a. incidental orders and directions may be made and given by 1 judge in any civil appeal or in any civil proceeding before the court of appeal, any judge of that court, sitting in chambers, may make such incidental orders and give such incidental directions as he thinks fit, not being an order or a direction that determines the appeal or disposes of any question or issue that is before the court in the appeal or proceeding. every order or direction made or given by a judge of the court of appeal under subsection (1) may be discharged or varied by any judges of that court who together have jurisdiction, in accordance with section 58a or section 58b or section 58d, as the case may be, to hear and determine the proceeding. any judge of the court of appeal may review a decision of the registrar made within the civil jurisdiction of the court under a power conferred on the registrar by any rule of court, and may confirm, modify, or revoke that decision as he thinks fit. the provisions of this section shall apply notwithstanding anything in section 58. this section shall have effect from a date to be appointed by the governor-general by order in council. 62. power to remit proceedings to the high court the court of appeal shall have power to remit any proceedings in any cause pending before it to the high court or a single judge thereof. 63. judgments of court of appeal may be enforced by the high court all judgments, decrees, and orders of the court of appeal may be enforced by the high court as if they had been given or made by that court. b. civil jurisdiction subpart 1. removal of proceedings from the high court 64. transfer of civil proceedings from high court to court of appeal if the circumstances of a civil proceeding pending before the high court are exceptional, the high court may order that the proceeding be transferred to the court of appeal. without limiting the generality of subsection (1), the circumstances of a proceeding may be exceptional if— a party to the proceeding intends to submit that a relevant decision of the court of appeal should be overruled by the court of appeal: the proceeding raises 1 or more issues of considerable public importance that need to be determined urgently, and those issues are unlikely to be determined urgently if the proceeding is heard and determined by both the high court and the court of appeal: the proceeding does not raise any question of fact or any significant question of fact, but does raise 1 or more questions of law that are the subject of conflicting decisions of the high court. in deciding whether to transfer a proceeding under subsection (1), a judge must have regard to the following matters: the primary purpose of the court of appeal as an appellate court: the desirability of obtaining a determination at first instance and a review of that determination on appeal: whether a full court of the high court could effectively determine the question in issue: whether the proceeding raises any question of fact or any significant question of fact: whether the parties have agreed to the transfer of the proceeding to the court of appeal: any other matter that the judge considers that he or she should have regard to in the public interest. the fact that the parties to a proceeding agree to the transfer of the proceeding to the court of appeal is not in itself a sufficient ground for an order transferring the proceeding. if the high court transfers a proceeding under subsection (1), the court of appeal has the jurisdiction of the high court to hear and determine the proceeding. 65. decision of court of appeal final as regards tribunals of new zealand [repealed] subpart 2. appeals from decisions of the high court 66. court may hear appeals from judgments and orders of the high court the court of appeal shall have jurisdiction and power to hear and determine appeals from any judgment, decree, or order save as hereinafter mentioned, of the high court, subject to the provisions of this act and to such rules and orders for regulating the terms and conditions on which such appeals shall be allowed as may be made pursuant to this act. subpart 3. appeals from inferior courts 67. appeals against decisions of high court on appeal the decision of the high court on appeal from an inferior court is final, unless a party, on application, obtains leave to appeal against that decision— to the court of appeal; or directly to the supreme court (in exceptional circumstances as provided for in section 14 of the supreme court act 2003). an application under subsection (1) for leave to appeal to the court of appeal must be made to the high court or, if the high court refuses leave, to the court of appeal. an application under subsection (1) for leave to appeal directly to the supreme court must be made to the supreme court. if leave to appeal referred to in subsection (1)(a) is obtained, the decision of the court of appeal on appeal from the high court is final unless a party, on application, obtains leave to appeal against that decision to the supreme court. subsections (1), (3), and (4) are subject to the supreme court act 2003. 68. direct appeal from decision of inferior courts [repealed] c. criminal jurisdiction subpart 1. trial at bar 69. trial at bar where a bill of indictment has been found in the high court, or any inquisition has been found, or any criminal information been granted against any person for any crime, if it appears to the high court on affidavit on the part of the accused or of the prosecutor that the case is one of extraordinary importance or difficulty, and that it is desirable that it should be tried before the judges at bar, the high court may grant a rule nisi, and, if no sufficient cause is shown, may make the same absolute for the removal of such indictment, inquisition, or information, and the proceedings thereon, into the court of appeal, and for the trial of the same at bar at the next or other sitting of such court of appeal, and may direct that a special or common jury, as the high court thinks fit, be summoned from such jury district as the court directs to serve upon such trial; and such proceedings, as nearly as may be, shall thereupon be had as upon a trial at bar in england. the court of appeal shall have the same jurisdiction, authority, and power in respect thereof as the queen’s bench division of the high court of justice has in england in respect of a trial at bar. subpart 2. appeals from convictions [repealed] 70. appeal from judgment of supreme court on conviction [repealed] d. miscellaneous 71. rules of practice [repealed] 72. appointment of officers there may from time to time be appointed under the state sector act 1988 such registrars, deputy registrars, and other officers as may be required for the conduct of the business of the court of appeal. 73. powers and duties of officers all such registrars and other officers shall have in respect of the court of appeal such powers and duties as are prescribed by rules made under this act. 74. court seal the court of appeal shall have in the custody of the registrar a seal for the sealing of writs, orders, decrees, office copies, certificates, reports, and other instruments issued by such registrar and requiring to be sealed. 75. power to fix fees [repealed] part 3. rules and provisions of law in judicial matters generally subpart 1. removal of technical defects [repealed] 76. power to courts to amend mistakes and supply omissions in warrants, orders, etc [repealed] subpart 2. limitation of actions [repealed] 77. limitation of actions for merchants’ accounts [repealed] 78. limitation not barred by claims subsequently arising [repealed] 79. absence beyond seas or imprisonment of a creditor not to be a disability [repealed] 80. period of limitation to run as to joint debtors in new zealand, though some are beyond seas [repealed] 81. judgment recovered against joint debtors in new zealand to be no bar to proceeding against others beyond seas after their return [repealed] 82. part payment by one contractor, etc, not to prevent bar in favour of another contractor, etc [repealed] subpart 3. sureties 83. consideration for guarantee need not appear by writing [repealed] 84. a surety who discharges the liability to be entitled to assignment of all securities held by the creditor every person who, being surety for the debt or duty of another, or being liable with another for any debt or duty, pays or satisfies such debt or performs such duty shall be entitled to have assigned to him, or a trustee for him, every judgment, specialty, or other security held by the creditor in respect of such debt or duty, whether such judgment, specialty, or other security is or is not deemed at law to be satisfied by the payment of the debt or performance of the duty. 85. rights of surety in such case every such person shall be entitled to stand in the place of the creditor, and to use all the remedies, and if need be, and upon a proper indemnity, to use the name of the creditor in any civil proceedings in order to obtain from the principal debtor or any co-surety, co-contractor, or co-debtor, as the case may be, indemnification for the advances made and loss sustained by the person paying or satisfying such debt or performing such duty. such payment, satisfaction, or performance made by such surety shall not be pleadable in bar of any such action or other proceeding by him. 86. rights of co-sureties, etc, as between themselves a co-surety, co-contractor, or co-debtor shall not be entitled to recover from any other co-surety, co-contractor, or co-debtor by the means aforesaid more than the just proportion to which, as between those parties themselves, such last-mentioned person is justly liable. subpart 4. interest on money 87. interest on debts and damages in any proceedings in the high court, the court of appeal, or the supreme court for the recovery of any debt or damages, the court may, if it thinks fit, order that there shall be included in the sum for which judgment is given interest at such rate, not exceeding the prescribed rate, as it thinks fit on the whole or any part of the debt or damages for the whole or any part of the period between the date when the cause of action arose and the date of the judgment: provided that nothing in this subsection shall— authorise the giving of interest upon interest; or apply in relation to any debt upon which interest is payable as of right, whether by virtue of any agreement, enactment, or rule of law, or otherwise; or affect the damages recoverable for the dishonour of a bill of exchange. in any proceedings in the high court, the court of appeal, or the supreme court for the recovery of any debt upon which interest is payable as of right, and in respect of which the rate of interest is not agreed upon, prescribed, or ascertained under any agreement, enactment, or rule of law or otherwise, there shall be included in the sum for which judgment is given interest at such rate, not exceeding the prescribed rate, as the court thinks fit for the period between the date as from which the interest became payable and the date of the judgment. in this section the term the prescribed rate means the rate of 7.5% per annum, or such other rate as may from time to time be prescribed for the purposes of this section by the governor-general by order in council. subpart 5. lost instruments 88. actions on lost instruments in case of any action founded on any negotiable instrument, the court may order that the loss of such instrument shall not be taken advantage of, provided an indemnity is given to the satisfaction of the court or a registrar thereof against the claims of any other person upon such negotiable instrument. subpart 6. continued exercise of powers by judicial officers 88a. judicial officers to continue in office to complete proceedings a judicial officer whose term of office has expired or who has retired may continue in office for the purpose of determining, or giving judgment in, proceedings that the judicial officer has heard either alone or with others. a judicial officer must not continue in office under subsection (1) for longer than a month without the consent of the minister of justice. the fact that a judicial officer continues in office does not affect the power to appoint another person to that office. a judicial officer who continues in office is entitled to be paid the remuneration and allowances to which the officer would have been entitled if the term of office had not expired or the officer had not retired. in this section, judicial officer means a person who has in new zealand authority under an enactment to hear, receive, and examine evidence. subpart 7. miscellaneous provisions and rules of law 88b. restriction on institution of vexatious actions if, on an application made by the attorney-general under this section, the high court is satisfied that any person has persistently and without any reasonable ground instituted vexatious legal proceedings, whether in the high court or in any inferior court, and whether against the same person or against different persons, the court may, after hearing that person or giving him an opportunity of being heard, order that no civil proceeding or no civil proceeding against any particular person or persons shall without the leave of the high court or a judge thereof be instituted by him in any court and that any civil proceeding instituted by him in any court before the making of the order shall not be continued by him without such leave. leave may be granted subject to such conditions (if any) as the court or judge thinks fit and shall not be granted unless the court or judge is satisfied that the proceeding is not an abuse of the process of the court and that there is prima facie ground for the proceeding. no appeal shall lie from an order granting or refusing such leave. 89. administration suits [repealed] 90. stipulations not of the essence of contracts stipulations in contracts as to time or otherwise which would not, before 13 september 1882 (the date of the coming into force of the law amendment act 1882), have been deemed to be or to have become the essence of such contracts in a court of equity shall receive in all courts the same construction and effect as they would have theretofore received in equity. 91. damages by collision at sea [repealed] 92. discharge of debt by acceptance of part in satisfaction an acknowledgement in writing by a creditor, or by any person authorised by him in writing in that behalf, of the receipt of a part of his debt in satisfaction of the whole debt shall operate as a discharge of the debt, any rule of law notwithstanding. 93. provisions of 9 geo iv, c 14, ss 1 and 8, extended to acknowledgments by agents [repealed] 94. judgment against one of several persons jointly liable not a bar to action against others a judgment against 1 or more of several persons jointly liable shall not operate as a bar or defence to civil proceedings against any of such persons against whom judgment has not been recovered, except to the extent to which the judgment has been satisfied, any rule of law notwithstanding. 94a. recovery of payments made under mistake of law subject to the provisions of this section, where relief in respect of any payment that has been made under mistake is sought in any court, whether in civil proceedings or by way of defence, set off, counterclaim, or otherwise, and that relief could be granted if the mistake was wholly one of fact, that relief shall not be denied by reason only that the mistake is one of law whether or not it is in any degree also one of fact. nothing in this section shall enable relief to be given in respect of any payment made at a time when the law requires or allows, or is commonly understood to require or allow, the payment to be made or enforced, by reason only that the law is subsequently changed or shown not to have been as it was commonly understood to be at the time of the payment. 94b. payments made under mistake of law or fact not always recoverable relief, whether under section 94a or in equity or otherwise, in respect of any payment made under mistake, whether of law or of fact, shall be denied wholly or in part if the person from whom relief is sought received the payment in good faith and has so altered his position in reliance on the validity of the payment that in the opinion of the court, having regard to all possible implications in respect of other persons, it is inequitable to grant relief, or to grant relief in full, as the case may be. 95. limitation of time within which wills may be impeached [repealed] 96. jurisdiction as to costs in administration suits [repealed] 97. court empowered to grant special relief in cases of encroachment [repealed] 98. custody and education of infants [repealed] 98a. proceedings in lieu of writs where, immediately before the commencement of the judicature amendment act (no 2) 1985,— the court had jurisdiction to grant any relief or remedy or do any other thing by way of writ, whether of prohibition, mandamus, certiorari, or any other description; or in any proceedings in the court for any relief or remedy any writ might have issued out of the court for the purpose of the commencement or conduct of the proceedings, or otherwise in relation to the proceedings, whether the writ might have issued pursuant to any rule or order of the court or of course,— then, after the commencement of that act,— the court shall continue to have jurisdiction to grant that relief or remedy or to do that thing; but the court shall not issue any such writ; and the court shall grant that relief or remedy or do that thing by way of judgment or order under this act and the high court rules; and proceedings for that relief or remedy or for the doing of that thing shall be in accordance with this act and the high court rules. subject to the high court rules, this section does not apply to— the writ of habeas corpus; or any writ of execution for the enforcement of a judgment or order of the court; or any writ in aid of any such writ of execution. 99. in cases of conflict rules of equity to prevail generally in all matters in which there is any conflict or variance between the rules of equity and the rules of the common law with reference to the same matter the rules of equity shall prevail. 99a. costs where intervener or counsel assisting court appears where the attorney-general or the solicitor-general or any other person appears in any civil proceedings or in any proceedings on any appeal and argues any question of law or of fact arising in the proceedings, the court may, subject to the provisions of any other act, make such order as it thinks just— as to the payment by any party to the proceedings of the costs incurred by the attorney-general or the solicitor-general in so doing; or as to the payment by any party to the proceedings or out of public funds of the costs incurred by any other person in so doing; or as to the payment by the attorney-general or the solicitor-general or that other person of any costs incurred by any of those parties by reason of his so doing. where the court makes an order pursuant to subsection (1)(b), the registrar of the court shall forward a copy of the order to the chief executive of the ministry of justice who shall make the payment out of money appropriated by parliament for the purpose. 99b. technical advisers the court of appeal or the supreme court may appoint a suitably qualified person (a technical adviser) to assist it by giving advice in an appeal in a proceeding involving a question arising from evidence relating to scientific, technical, or economic matters, or from other expert evidence, if the court is of the opinion that, in considering the evidence, it is desirable to have expert assistance. the technical adviser must give the advice in such manner as the court may direct during the course of the proceeding on any question referred to the technical adviser. advice given by a technical adviser— is information provided to the court; and may be given such weight as the court thinks fit. [repealed] 99c. appointment and other matters a technical adviser may be appointed by the court of appeal on its own initiative or on the application of a party to the proceeding. a technical adviser may be removed from office by the court of appeal for disability affecting performance of duty, neglect of duty, bankruptcy, or misconduct proved to the satisfaction of the court. a technical adviser may resign office by notice in writing to the court of appeal. the remuneration of a technical adviser must— be fixed by the court of appeal; and include a daily fee for any day on which the technical adviser is required to assist the court. civil or criminal proceedings may not be commenced against a technical adviser in relation to advice given to the court of appeal in good faith under section 99b. 99d. procedure and rules relating to technical advisers the court of appeal may adopt any procedures and practices in relation to the advice of a technical adviser as it considers just, but those procedures and practices are subject to any rules referred to in subsection (2). rules may be made under section 51c relating to— the appointment of technical advisers, including (without limitation)— the information to be given to the parties to an appeal, before a technical adviser is appointed for the appeal,— about the persons who are considered suitable for appointment; and about the matters on which the assistance of the proposed technical adviser is to be sought: the submissions that those parties may make to the court of appeal about the proposed appointment of a technical adviser and the assistance to be given by the technical adviser: the conduct of proceedings involving technical advisers. 100. independent medical examination where the physical or mental condition of a person who is a party to any civil proceedings is relevant to any matter in question in those proceedings, the high court may order that that person submit himself to examination at a time and place specified in the order by 1 or more medical practitioners named in the order. a person required by an order under subsection (1) to submit to examination may have a medical practitioner chosen by that person attend that person’s examination. the court may order that the party seeking the order pay to the person to be examined a reasonable sum to meet that person’s travelling and other expenses of and incidental to the examination, including the expenses of having a medical practitioner chosen by that person attend that person’s examination. where an order is made under subsection (1), the person required by that order to submit to examination shall do all things reasonably requested, and answer all questions reasonably asked of that person, by the medical practitioner for the purposes of the examination. if a person ordered under subsection (1) to submit to examination fails, without reasonable excuse, to comply with the order, or in any way obstructs the examination, the court may, on terms, stay the proceedings or strike out the pleading of that person. this section applies to the crown and every department of the public service. nothing in this section affects the provisions of the workers’ compensation act 1956. 100a. regulations notwithstanding anything in sections 51 and 51c, the governor-general may from time to time, by order in council, make regulations for all or any of the following purposes: prescribing the matters in respect of which fees are payable under this act: prescribing scales of fees for the purposes of this act and for the purposes of any proceedings before the high court or the court of appeal, whether under this act or any other enactment: prescribing the fees, travelling allowances, and expenses payable to interpreters and to persons giving evidence in proceedings to which this act applies: in order to promote access to justice, empowering registrars or deputy registrars of the high court and the court of appeal to waive, reduce, or postpone the payment of a fee required in connection with a proceeding or an intended proceeding, or to refund, in whole or in part, such a fee that has already been paid, if satisfied on the basis of criteria specified under paragraph (da) that— the person otherwise responsible for payment of the fee is unable to pay or absorb the fee in whole or in part; or unless 1 or more of those powers are exercised in respect of a proceeding that concerns a matter of genuine public interest, the proceeding is unlikely to be commenced or continued: prescribing, for the purposes of the exercise of a power under paragraph (d), the criteria— for assessing a person’s ability to pay a fee; and for identifying proceedings that concern matters of genuine public interest: empowering registrars or deputy registrars of the high court and the court of appeal to postpone the payment of a fee pending the determination of— an application for the exercise of a power specified in paragraph (d); or an application for review under section 100b: making provision in relation to the postponement, under the regulations, of the payment of any fee, which provision may (without limitation) include provision— for the recovery of the fee after the expiry of the period of postponement; and for restrictions to apply (after the expiry of the period of postponement and so long as the fee remains unpaid) on the steps that may be taken in the proceedings in respect of which the fee is payable: providing for the manner in which an application for the exercise of a power specified in paragraph (d) or paragraph (db) is to be made, including, without limitation, requiring such an application to be in a form approved for the purpose by the chief executive of the ministry of justice: altering or revoking any rules relating to fees contained in the high court rules or the court of appeal rules or any other rules of court. no fee is payable for an application for the exercise of a power specified in subsection (1)(d) or (db). 100b. reviews of decisions of registrars concerning fees any person who is aggrieved by any decision of a registrar or deputy registrar under regulations made under section 100a(d) may apply for a review,— in the case of a decision by the registrar or a deputy registrar of the court of appeal, to a judge of that court: in the case of a decision by a registrar or deputy registrar of the high court, to a judge or an associate judge of that court. an application under subsection (1) may be made within 20 working days after the date on which the applicant is notified of the decision of the registrar or deputy registrar, or within any further time that the judge or associate judge allows on application made for that purpose either before or after the expiration of those 20 working days. applications under this section may be made on an informal basis. reviews under this section are— conducted by way of rehearing of the matter in respect of which the registrar or deputy registrar made the decision; and dealt with on the papers, unless the judge or associate judge directs otherwise. on dealing with an application for a review of a decision of a registrar or deputy registrar, the judge or associate judge may confirm, modify, or reverse the decision of the registrar or the deputy registrar. no fee is payable for an application under this section. 101. words imputing unchastity to women actionable without special damage [repealed] schedule 1. enactments consolidated [schedule 1 omitted due length full text is available online at: http://www.legislation.govt.nz/act/public/1908/0089/latest/dlm147652.html?search=ts_act%40bill%40regulation%40deemedreg_judicature+act_resel_25_a&p=1] schedule 2. high court rules [schedule 2 omitted due length full text is available online at: http://www.legislation.govt.nz/act/public/1908/0089/latest/dlm147653.html?search=ts_act%40bill%40regulation%40deemedreg_judicature+act_resel_25_a&p=1] schedule 3. rules of the court of appeal [repealed] amendment act 1. judicature amendment act 1910 public act: 1920 no 27 date of assent: 21 november 1910 commencement: 21 november 1910 1. short title this act may be cited as the judicature amendment act 1910, and shall form part of and be read together with the judicature act 1908. 3. execution of instruments by order of the high court where any person neglects or refuses to comply with a judgment or order of the high court or court of appeal directing him to execute any conveyance, contract, or other document, or to indorse any negotiable instrument, the high court may, on such terms and conditions (if any) as may be just, order that such conveyance, contract, or other document shall be executed or that such negotiable instrument shall be indorsed by such person as the high court may nominate for that purpose; and in such case the conveyance, contract, document, or instrument so executed or indorsed shall operate and be for all purposes available as if it had been executed or indorsed by the person originally directed to execute or indorse it. this section shall not affect any action or other proceeding already commenced in any court, or invalidate anything heretofore lawfully done, or validate anything already declared to be invalid in any proceedings heretofore taken in any court. 4. court or judge to have discretion in cases coming within paragraphs (c) and (d) of section 3 of the imprisonment for debt limitation act 1908 in any case coming within the exceptions specified in paragraphs (c) and (d) of section 3 of the imprisonment for debt limitation act 1908, or within either of those exceptions, any court or judge making the order for payment, or having jurisdiction in the action or proceeding in which the order for payment is made, may inquire into the case, and (subject to the provisoes contained in the said section 3) may grant or refuse, either absolutely or upon terms, any application for a writ of attachment, or other process or order of arrest or imprisonment, and any application to stay the operation of any such writ, process, or order, or for discharge from arrest or imprisonment thereunder. amendment act 2. judicature amendment act 1952 public act: 1952 no 24 date of assent: 16 october 1952 commencement 16: october 1952 1. short title this act may be cited as the judicature amendment act 1952, and shall be read together with and deemed part of the judicature act 1908 (hereinafter referred to as “the principal act”). 2. offices of the high court amendment(s) incorporated in the act(s). every office of the court heretofore established shall be deemed to have been lawfully established. amendment act 3. judicature amendment act 1972 public act: 1972 no 130 date of assent: 20 october 1972 commencement 20: october 1972 1. short title this act may be cited as the judicature amendment act 1972, and shall be read together with and deemed part of the judicature act 1908 (hereinafter referred to as “the principal act”). part 1. single procedure for the judicial review of the exercise of or failure to exercise a statutory power 2. relation to part 1 of principal act and commencement of this part this part shall be deemed part of part 1 of the principal act. this part shall come into force on 1 january 1973. 3. interpretation in this part, unless the context otherwise requires,— application for review means an application under subsection (1) of section 4 decision includes a determination or order licence includes any permit, warrant, authorisation, registration, certificate, approval, or similar form of authority required by law person includes a corporation sole, and also a body of persons whether incorporated or not; and, in relation to the exercise, refusal to exercise, or proposed or purported exercise by any person of a statutory power of decision, includes a district court, the compensation court, the maori land court, and the maori appellate court statutory power means a power or right conferred by or under any act or by or under the constitution or other instrument of incorporation, rules, or bylaws of any body corporate— to make any regulation, rule, bylaw, or order, or to give any notice or direction having force as subordinate legislation; or to exercise a statutory power of decision; or to require any person to do or refrain from doing any act or thing that, but for such requirement, he would not be required by law to do or refrain from doing; or to do any act or thing that would, but for such power or right, be a breach of the legal rights of any person; or to make any investigation or inquiry into the rights, powers, privileges, immunities, duties, or liabilities of any person statutory power of decision means a power or right conferred by or under any act, or by or under the constitution or other instrument of incorporation, rules, or bylaws of any body corporate, to make a decision deciding or prescribing or affecting— the rights, powers, privileges, immunities, duties, or liabilities of any person; or the eligibility of any person to receive, or to continue to receive, a benefit or licence, whether he is legally entitled to it or not. 3a. jurisdiction of employment court this part is subject to the provisions of the employment relations act 2000 relating to the jurisdiction of the employment court and high court in respect of applications for review or proceedings for a writ or order of, or in the nature of, mandamus, prohibition, certiorari, or for a declaration or injunction against any body constituted by, or any person acting pursuant to, the employment relations act 2000. 4. application for review on an application which may be called an application for review, the high court may, notwithstanding any right of appeal possessed by the applicant in relation to the subject matter of the application, by order grant, in relation to the exercise, refusal to exercise, or proposed or purported exercise by any person of a statutory power, any relief that the applicant would be entitled to, in any 1 or more of the proceedings for a writ or order of or in the nature of mandamus, prohibition, or certiorari or for a declaration or injunction, against that person in any such proceedings. where on an application for review the applicant is entitled to an order declaring that a decision made in the exercise of a statutory power of decision is unauthorised or otherwise invalid, the court may, instead of making such a declaration, set aside the decision. notwithstanding any rule of law to the contrary, it shall not be a bar to the grant of relief in proceedings for a writ or an order of or in the nature of certiorari or prohibition, or to the grant of relief on an application for review, that the person who has exercised, or is proposing to exercise, a statutory power was not under a duty to act judicially; but this subsection shall not be construed to enlarge or modify the grounds on which the court may treat an applicant as being entitled to an order of or in the nature of certiorari or prohibition under the foregoing provisions of this section. where in any of the proceedings referred to in subsection (1) the court had, before the commencement of this part, a discretion to refuse to grant relief on any grounds, it shall have the like discretion, on like grounds, to refuse to grant any relief on an application for review. subsection (3) shall not apply to the discretion of the court, before the commencement of this part, to refuse to grant relief in any of the said proceedings on the ground that the relief should have been sought in any other of the said proceedings. without limiting the generality of the foregoing provisions of this section, on an application for review in relation to the exercise, refusal to exercise, or purported exercise of a statutory power of decision the court if it is satisfied that the applicant is entitled to relief under subsection (1), may, in addition to or instead of granting any other relief under the foregoing provisions of this section, direct any person whose act or omission is the subject matter of the application to reconsider and determine, either generally or in respect of any specified matters, the whole or any part of any matter to which the application relates. in giving any such direction the court shall— advise the person of its reasons for so doing; and give to him such directions as it thinks just as to the reconsideration or otherwise of the whole or any part of the matter that is referred back for reconsideration. if the court gives a direction under subsection (5) it may make any order that it could make by way of interim order under section 8, and that section shall apply accordingly, so far as it is applicable and with all necessary modifications. where any matter is referred back to any person under subsection (5), that person shall have jurisdiction to reconsider and determine the matter in accordance with the court’s direction notwithstanding anything in any other enactment. where any matter is referred back to any person under subsection (5), the act or omission that is to be reconsidered shall, subject to any interim order made by the court under subsection (5a), continue to have effect according to its tenor unless and until it is revoked or amended by that person. in reconsidering any matter referred back to him under subsection (5) the person to whom it is so referred shall have regard to the court’s reasons for giving the direction and to the court’s directions. 5. defects in form, or technical irregularities on an application for review in relation to a statutory power of decision, where the sole ground of relief established is a defect in form or a technical irregularity, if the court finds that no substantial wrong or miscarriage of justice has occurred, it may refuse relief and, where the decision has already been made, may make an order validating the decision, notwithstanding the defect or irregularity, to have effect from such time and on such terms as the court thinks fit. 6. disposal of proceedings for mandamus, prohibition, or certiorari where proceedings are commenced for a writ or order of or in the nature of mandamus, prohibition, or certiorari, in relation to the exercise, refusal to exercise, or proposed or purported exercise of a statutory power, the proceedings shall be treated and disposed of as if they were an application for review. 7. disposal of proceedings for declaration or injunction where proceedings are commenced for a declaration or injunction, or both, whether with or without a claim for other relief, and the exercise, refusal to exercise, or proposed or purported exercise of a statutory power is an issue in the proceedings, the court on the application of any party to the proceedings may, if it considers it appropriate, direct that the proceedings be treated and disposed of, so far as they relate to that issue, as if they were an application for review. 8. interim orders subject to subsection (2), at any time before the final determination of an application for review, and on the application of any party, the court may, if in its opinion it is necessary to do so for the purpose of preserving the position of the applicant, make an interim order for all or any of the following purposes: prohibiting any respondent to the application for review from taking any further action that is or would be consequential on the exercise of the statutory power: prohibiting or staying any proceedings, civil or criminal, in connection with any matter to which the application for review relates: declaring any licence that has been revoked or suspended in the exercise of the statutory power, or that will expire by effluxion of time before the final determination of the application for review, to continue and, where necessary, to be deemed to have continued in force. where the crown is the respondent (or one of the respondents) to the application for review the court shall not have power to make any order against the crown under paragraph (a) or paragraph (b); but, instead, in any such case the court may, by interim order,— declare that the crown ought not to take any further action that is or would be consequential on the exercise of the statutory power: declare that the crown ought not to institute or continue with any proceedings, civil or criminal, in connection with any matter to which the application for review relates. any order under subsection (1) or subsection (2) may be made subject to such terms and conditions as the court thinks fit, and may be expressed to continue in force until the application for review is finally determined or until such other date, or the happening of such other event, as the court may specify. 9. procedure an application for review shall be made by motion accompanied by a statement of claim. the statement of claim shall— state the facts on which the applicant bases his claim to relief: state the grounds on which the applicant seeks relief: state the relief sought. it shall not be necessary for the statement of claim to specify the proceedings referred to in section 4(1) in which the claim would have been made before the commencement of this part. the person whose act or omission is the subject matter of the application for review, and, subject to any direction given by a judge under section 10, every party to the proceedings (if any) in which any decision to which the application relates was made, shall be cited as a respondent. for the purposes of subsection (4), where the act or omission is that of a judge, registrar, or presiding officer of any court or tribunal,— that court or tribunal, and not that judge, registrar, or presiding officer, shall be cited as a respondent; but that judge, registrar, or presiding officer may file, on behalf of that court or tribunal, a statement of defence to the statement of claim. for the purposes of subsection (4), where the act or omission is that of any 2 or more persons acting together under a collective title, they shall be cited by their collective title. subject to any direction given by a judge under section 10, every respondent to the application for review shall file a statement of his defence to the statement of claim. subject to this part, the procedure in respect of any application for review shall be in accordance with rules of court. 10. powers of judge to call conference and give directions for the purpose of ensuring that any application or intended application for review may be determined in a convenient and expeditious manner, and that all matters in dispute may be effectively and completely determined, a judge may at any time, either on the application of any party or intended party or without any such application, and on such terms as he thinks fit, direct the holding of a conference of parties or intended parties or their counsel presided over by a judge. at any such conference the judge presiding may— settle the issues to be determined: direct what persons shall be cited, or need not be cited, as respondents to the application for review, or direct that the name of any party be added or struck out: direct what parties shall be served: direct by whom and within what time any statement of defence shall be filed: require any party to make admissions in respect of questions of fact; and, if that party refuses to make an admission in respect of any such question, that party shall be liable to bear the costs of proving that question, unless the judge by whom the application for review is finally determined is satisfied that the party’s refusal was reasonable in all the circumstances, and accordingly orders otherwise in respect of those costs: fix a time by which any affidavits or other documents shall be filed: fix a time and place for the hearing of the application for review: require further or better particulars of any facts, or of the grounds for relief, or of the relief sought, or of the grounds of defence, or of any other circumstances connected with the application for review: require any party to make discovery of documents, or permit any party to administer interrogatories: in the case of an application for review of a decision made in the exercise of a statutory power of decision, determine whether the whole or any part of the record of the proceedings in which the decision was made should be filed in court, and give such directions as he thinks fit as to its filing: exercise any powers of direction or appointment vested in the court or a judge by its rules of court in respect of originating applications: give such consequential directions as may be necessary. notwithstanding any of the foregoing provisions of this section, a judge may, at any time before the hearing of an application for review has been commenced, exercise any of the powers specified in subsection (2) without holding a conference under subsection (1). 11. appeals any party to an application for review who is dissatisfied with any final or interlocutory order in respect of the application may appeal to the court of appeal; and section 66 of the principal act shall apply to any such appeal. 13. this part to bind the crown subject to section 14, this part shall bind the crown. 14. application of crown proceedings act 1950 amendment(s) incorporated in the act(s). in its application to the crown, this part shall be read subject to the crown proceedings act 1950, as amended by subsection (1). 16. references in enactments subject to sections 14 and 15, every reference to any enactment (other than this act), or in any regulation, to any of the proceedings referred to in subsection (1) of section 4 shall hereafter, unless the context otherwise requires, be read as including a reference to an application for review. part 2. miscellaneous amendments 20. sheriffs and deputy sheriffs amendment(s) incorporated in the act(s). every person who at the commencement of this section holds office as deputy sheriff shall continue to hold that office as if he had been appointed pursuant to section 29 of the principal act (as substituted by this section). this section shall come into force on a date to be appointed for the commencement thereof by the governor-general by order in council. amendment act 4. judicature amendment act 1997 public act: 1997 no 10 date of assent: 22 may 1997 commencement: see section 1(2) 1. short title this act may be cited as the judicature amendment act 1997, and is part of the judicature act 1908 (“the principal act”). this act comes into force on the date on which it receives the royal assent. 4. validations all persons who have, in the period beginning on 1 april 1988 and ending with the commencement of this act, been appointed under the state sector act 1988 as registrars, deputy registrars, ushers, clerks, criers, or other officers of the high court or the court of appeal are deemed to be, and to have always been, validly appointed to their respective offices. where any person is deemed, by subsection (1), to have been validly appointed as an officer of the high court, any action taken by that person, in his or her capacity as an officer of the high court, in the period beginning on 1 april 1988 and ending with the commencement of this act, is deemed to be, and to have always been, as valid as it would have been if that person had been validly appointed to the office in accordance with section 27 of the principal act (in the form in which that section stood at the time of that person’s appointment). where any person is deemed, by subsection (1), to have been validly appointed as an officer of the court of appeal, any action taken by that person in his or her capacity as an officer of the court of appeal, in the period beginning on 1 april 1988 and ending with the commencement of this act, is deemed to be, and to have always been, as valid as it would have been if that person had been validly appointed to the office in accordance with section 72 of the principal act (in the form in which that section stood at the time of that person’s appointment). treaty of waitangi act 1975 an act to provide for the observance, and confirmation, of the principles of the treaty of waitangi by establishing a tribunal to make recommendations on claims relating to the practical application of the treaty and to determine whether certain matters are inconsistent with the principles of the treaty preamble whereas on 6 february 1840 a treaty was entered into at waitangi between her late majesty queen victoria and the maori people of new zealand: and whereas the text of the treaty in the english language differs from the text of the treaty in the maori language: and whereas it is desirable that a tribunal be established to make recommendations on claims relating to the practical application of the principles of the treaty and, for that purpose, to determine its meaning and effect and whether certain matters are inconsistent with those principles. 1. short title this act may be cited as the treaty of waitangi act 1975. 2. interpretation in this act, unless the context otherwise requires,— historical treaty claim means a claim made under section 6(1) that arises from or relates to an enactment referred to in section 6(1)(a) or (b) enacted, or to a policy or practice adopted or an act done or omitted by or on behalf of the crown, before 21 september 1992 maori means a person of the maori race of new zealand; and includes any descendant of such a person private land means any land, or interest in land, held by a person other than— the crown; or a crown entity within the meaning of the public finance act 1989 submit, in relation to a historical treaty claim, means submitted in accordance with a practice note made by the tribunal under clause 5(10) of schedule 2 treaty means the treaty of waitangi as set out in english and in maori in schedule 1 tribunal means the waitangi tribunal established under this act. 3. act to bind crown this act shall bind the crown. 4. waitangi tribunal there is hereby established a tribunal to be known as the waitangi tribunal. the tribunal shall consist of— a judge or retired judge of the high court or the chief judge of the maori land court; and the judge is both a member of the tribunal and its chairperson, and is appointed by the governor-general on the recommendation of the minister of maori affairs made after consultation with the minister of justice: not less than 2 other members and not more than 20 other members to be appointed by the governor-general on the recommendation of the minister of maori affairs made after consultation with the minister of justice. in considering the suitability of persons for appointment to the tribunal, the minister of maori affairs— shall have regard to the partnership between the 2 parties to the treaty; and shall have regard not only to a person’s personal attributes but also to a person’s knowledge of and experience in the different aspects of matters likely to come before the tribunal. the chairperson of the tribunal appointed under subsection (2)(a) holds office for such term not exceeding 5 years as the governor-general specifies in the instrument appointing that chairperson, and the chairperson may from time to time be reappointed. where the chairperson of the tribunal is the chief judge of the maori land court and he or she ceases to hold office as chief judge during the term of his or her appointment as chairperson, that person’s appointment as chairperson also ceases at that time. every member of the tribunal appointed under subsection (2)(b) shall hold office for such term as the governor-general shall specify in his or her appointment, being a term not exceeding 3 years, but may from time to time be reappointed. no person shall be deemed to be employed in the service of her majesty for the purposes of the state sector act 1988 or the government superannuation fund act 1956 by reason of his being a member of the tribunal. the ministry of justice shall furnish such secretarial, recording, and other services as may be necessary to enable the tribunal to exercise its functions and powers. the provisions of schedule 2 shall have effect in relation to the tribunal and its proceedings. 4a. deputy chairperson the chairperson of the tribunal may from time to time appoint a judge (including the chief judge) of the maori land court as the deputy of the chairperson of the tribunal. in any case in which the chairperson of the tribunal becomes incapable of acting by reason of illness, absence, or other sufficient cause or during any vacancy in the office of chairperson, the deputy of the chairperson of the tribunal shall have and may exercise all the powers, functions, and duties of the chairperson. no acts done by a person holding office as the deputy of the chairperson of the tribunal in that person’s capacity as such deputy, and no act done by the tribunal while a deputy of the chairperson of the tribunal is acting as such deputy, shall in any proceedings be questioned on the ground that the occasion for the deputy’s so acting had not arisen or had ceased. 4b. appointment of judge not to affect tenure, etc the appointment of a judge as chairperson, the deputy of the chairperson, or as a member of the tribunal, or service by that judge as chairperson, the deputy of the chairperson, or a member of the tribunal, does not affect the judge’s tenure of the judicial office or the judge’s rank, title, status, precedence, salary, annual or other allowances or other rights or privileges as a judge (including those in relation to superannuation) and, for all purposes, the judge’s service as a member is service as a judge. 5. functions of tribunal the functions of the tribunal shall be— to inquire into and make recommendations upon, in accordance with this act, any claim submitted to the tribunal under section 6: to make recommendations, in accordance with section 8d, that land or interests in land be no longer subject to resumption under section 27b of the state-owned enterprises act 1986 or section 212 of the education act 1989: to make any recommendation or determination that the tribunal is required or empowered to make under schedule 1 of the crown forest assets act 1989: to make recommendations in accordance with section 8he that land, or any part of any land, that is subject to a crown forestry licence under the crown forest assets act 1989, be no longer liable to be returned to maori ownership under section 36 of that act: to make recommendations in accordance with section 8d (as applied by section 8hj) that land or any interest in land that, immediately before being vested in a crown transferee company pursuant to section 6 of the new zealand railways corporation restructuring act 1990, was land owned by the crown or an interest owned by the crown in land, be no longer subject to resumption under section 39 of that act: to examine and report on, in accordance with section 8, any proposed legislation referred to the tribunal under that section. in exercising any of its functions under this section the tribunal shall have regard to the 2 texts of the treaty set out in schedule 1 and, for the purposes of this act, shall have exclusive authority to determine the meaning and effect of the treaty as embodied in the 2 texts and to decide issues raised by the differences between them. 6. jurisdiction of tribunal to consider claims where any maori claims that he or she, or any group of maoris of which he or she is a member, is or is likely to be prejudicially affected— by any ordinance of the general legislative council of new zealand, or any ordinance of the provincial legislative council of new munster, or any provincial ordinance, or any act (whether or not still in force), passed at any time on or after 6 february 1840; or by any regulations, order, proclamation, notice, or other statutory instrument made, issued, or given at any time on or after 6 february 1840 under any ordinance or act referred to in paragraph (a); or by any policy or practice (whether or not still in force) adopted by or on behalf of the crown, or by any policy or practice proposed to be adopted by or on behalf of the crown; or by any act done or omitted at any time on or after 6 february 1840, or proposed to be done or omitted, by or on behalf of the crown,— and that the ordinance or act, or the regulations, order, proclamation, notice, or other statutory instrument, or the policy or practice, or the act or omission, was or is inconsistent with the principles of the treaty, he or she may submit that claim to the tribunal under this section. the tribunal must inquire into every claim submitted to it under subsection (1), unless— the claim is submitted contrary to section 6aa(1); or section 7 applies. if the tribunal finds that any claim submitted to it under this section is well-founded it may, if it thinks fit having regard to all the circumstances of the case, recommend to the crown that action be taken to compensate for or remove the prejudice or to prevent other persons from being similarly affected in the future. a recommendation under subsection (3) may be in general terms or may indicate in specific terms the action which, in the opinion of the tribunal, the crown should take. subject to sections 8a to 8i, the tribunal shall not recommend under subsection (3),— the return to maori ownership of any private land; or the acquisition by the crown of any private land. the tribunal shall cause a sealed copy of its findings and recommendation (if any) with regard to any claim to be served on— the claimant: the minister of maori affairs and such other ministers of the crown as in the opinion of the tribunal have an interest in the claim: such other persons as the tribunal thinks fit. nothing in this section shall confer any jurisdiction on the tribunal in respect of any bill that has been introduced into the house of representatives unless the bill has been referred to the tribunal pursuant to section 8. notwithstanding anything in this act or any other act or rule of law, on and from the commencement of this subsection the tribunal shall not have jurisdiction to inquire or further inquire into, or to make any finding or recommendation in respect of,— commercial fishing or commercial fisheries (within the meaning of the fisheries act 1983); or the deed of settlement between the crown and maori dated 23 september 1992; or any enactment, to the extent that it relates to such commercial fishing or commercial fisheries. despite anything in this act or in any other act or rule of law,— the jurisdiction of the tribunal is subject to the enactments listed in schedule 3; and without limiting paragraph (a), the tribunal does not have jurisdiction, in relation to licensed land (within the meaning of the crown forest assets act 1989) in the takiwā of ngāi tahu whānui, to make a recommendation for compensation or for the return of the land to māori ownership. [repealed] [repealed] [repealed] [repealed] [repealed] [repealed] [repealed] [repealed] [repealed] [repealed] [repealed] [repealed] [repealed] [repealed] [repealed] [repealed] [repealed] [repealed] [repealed] [repealed] [repealed] [repealed] [repealed] [repealed] 6aa. limitation of tribunal’s jurisdiction in relation to historical treaty claims despite section 6(1), after 1 september 2008 no maori may— submit a claim to the tribunal that is, or includes, a historical treaty claim; or amend a claim already submitted to the tribunal that is not, or does not include, a historical treaty claim by including a historical treaty claim. however, subsection (1) does not prevent a historical treaty claim submitted to the tribunal on or before 1 september 2008 from being amended in any way after 1 september 2008. the tribunal does not have jurisdiction (including, but not limited to, the jurisdiction to inquire or further inquire into, or to make any finding or recommendation) in respect of a historical treaty claim that is— submitted contrary to subsection (1)(a); or included in a claim contrary to subsection (1)(b). to avoid doubt, if a claim is submitted to the tribunal contrary to subsection (1), it must be treated for all purposes (including, for example, for the purposes of sections 8a(2), 8c(1), 8hb(1), 8hd(1), and 8hj) as not having been submitted. 6a. power of tribunal to state case for maori appellate court or maori land court where a question of fact,— concerning maori custom or usage; and relating to the rights of ownership by maori of any particular land or fisheries according to customary law principles of “take” and occupation or use; and calling for the determination, to the extent practicable, of maori tribal boundaries, whether of land or fisheries,— arises in proceedings before the tribunal, the tribunal may refer that question to the maori appellate court for decision. where a question relating to the maori or group of maori to whom any land or any part of any land or any interest in land is to be returned pursuant to a recommendation under section 8a(2)(a) arises in proceedings before the tribunal, the tribunal may refer that question to the maori land court for decision. any question referred to the maori appellate court under subsection (1) or to the maori land court under subsection (2) shall be in the form of a special case to be drawn up by the parties (if any) to the proceedings and, if the parties do not agree, or if there are no parties, to be settled by the tribunal. the maori appellate court shall have jurisdiction— to decide any question referred to it under subsection (1); and to hear and determine any appeal against any decision of the maori land court on any question referred to that court under subsection (2). the maori land court shall have jurisdiction to decide any question referred to it under subsection (2). the decision of the maori appellate court on any question referred to it under subsection (1) and on any appeal determined by it pursuant to subsection (4)(b) shall be binding on the tribunal. subject to subsection (8), the decision of the maori land court on any question referred to it under subsection (2) shall be binding on the tribunal. an appeal may be brought under section 58 of te ture whenua maori act 1993 against any decision of the maori land court on a question referred to it under subsection (2); and section 58 of te ture whenua maori act 1993 shall apply in relation to any such appeal as if that decision were a final order of the maori land court. the maori appellate court shall inform the waitangi tribunal of the decision of the maori appellate court on— any question referred to it under subsection (1); and any appeal brought against any decision made by the maori land court on any question referred to it under subsection (2). the maori land court shall inform the waitangi tribunal of— the decision of the maori land court on any question referred to it under subsection (2); and the bringing of any appeal under subsection (8). 7. tribunal may refuse to inquire into claim the tribunal may in its discretion decide not to inquire into, or, as the case may require, not to inquire further into, any claim made under section 6 if in the opinion of the tribunal— the subject matter of the claim is trivial; or the claim is frivolous or vexatious or is not made in good faith; or there is in all the circumstances an adequate remedy or right of appeal, other than the right to petition the house of representatives or to make a complaint to the ombudsman, which it would be reasonable for the person alleged to be aggrieved to exercise. the tribunal may, from time to time, for sufficient reason, defer, for such period or periods as it thinks fit, its inquiry into any claim made under section 6. in any case where the tribunal decides not to inquire into or further inquire into a claim or to defer its inquiry into any claim, it shall cause the claimant to be informed of that decision, and shall state its reasons therefor. 8. jurisdiction of tribunal to consider proposed legislation the tribunal shall examine any proposed legislation referred to it under subsection (2) and shall report whether, in its opinion, the provisions of the proposed legislation or any of them are contrary to the principles of the treaty. proposed legislation may be referred to the tribunal— in the case of a bill before the house of representatives, by resolution of the house: in the case of any proposed regulations or order in council, by any minister of the crown. the tribunal’s report shall be given— in the case of a bill, to the speaker of the house: in every other case, to the person or body who referred the proposed regulations or order in council to the tribunal. a copy of every report made by the tribunal under this section shall be given by the tribunal to the minister of maori affairs and shall be laid before the house of representatives as soon as practicable. 8a. recommendations in respect of land transferred to or vested in state enterprise this section applies in relation to— any land or interest in land transferred to a state enterprise under section 23 of the state-owned enterprises act 1986 or vested in a state enterprise by a notice in the gazette under section 24 of that act or by an order in council made under section 28 of that act, whether or not the land or interest in land is still vested in a state enterprise: any land or interest in land transferred to an institution within the meaning of section 159 of the education act 1989 under section 207 of that act or vested in such an institution by an order in council made under section 215 of that act, whether or not the land or interest in land is still vested in that institution. subject to section 8b, where a claim submitted to the tribunal under section 6 relates in whole or in part to land or an interest in land to which this section applies, the tribunal may— if it finds— that the claim is well-founded; and that the action to be taken under section 6(3) to compensate for or remove the prejudice caused by the ordinance or act, or the regulations, order, proclamation, notice, or other statutory instrument, or the policy or practice, or the act or omission that was inconsistent with the principles of the treaty, should include the return to maori ownership of the whole or part of that land or of that interest in land,— include in its recommendation under section 6(3), a recommendation that that land or that part of that land or that interest in land be returned to maori ownership (which recommendation shall be on such terms and conditions as the tribunal considers appropriate and shall identify the maori or group of maori to whom that land or that part of that land or that interest in land is to be returned); or if it finds— that the claim is well-founded; but that a recommendation for return to maori ownership is not required, in respect of that land or any part of that land or that interest in land, by paragraph (a)(ii),— recommend to the minister within the meaning of section 4 of the cadastral survey act 2002 that that land or that part of that land or that interest in land be no longer subject to resumption under section 27b of the state-owned enterprises act 1986 or section 212 of the education act 1989; or if it finds that the claim is not well-founded, recommend to the minister within the meaning of section 4 of the cadastral survey act 2002 that that land or that part of that land or that interest in land be no longer subject to resumption under section 27b of the state-owned enterprises act 1986 or section 212 of the education act 1989. in deciding whether to recommend the return to maori ownership of any land or interest in land to which this section applies, the tribunal shall not have regard to any changes that, since immediately before the date of the transfer of the land or interest in land from the crown to a state enterprise, or an institution within the meaning of section 159 of the education act 1989, have taken place in— the condition of the land or of the land in which the interest exists and any improvements to it; or its ownership or possession or any other interests in it. nothing in subsection (2) prevents the tribunal making in respect of any claim that relates in whole or in part to any land or interest in land to which this section applies any other recommendation under subsection (3) or subsection (4) of section 6. notwithstanding section 24(4) of the state-owned enterprises act 1986, on the making of a recommendation for the return of any land or interest in land to maori ownership under subsection (2), sections 40 and 41 of the public works act 1981 shall cease to apply in relation to that land or that interest in land. where any interest in land exists in respect of any land to which this section applies being— an interest in land which was in existence immediately before the land was transferred to the state enterprise under section 23 of the state-owned enterprises act 1986 or vested in the state enterprise by a notice in the gazette under section 24 of that act or by an order in council made under section 28 of that act but which was not so transferred to or vested in the state enterprise; or an interest in land which was in existence immediately before the land was transferred to an institution within the meaning of section 159 of the education act 1989 under section 207 of that act or vested in such an institution by an order in council made under section 215 of that act but which was not so transferred to or vested in the institution,— as the case may be, no recommendation under this section shall relate to that interest in land. 8b. interim recommendations in respect of land transferred to or vested in state enterprise where the recommendations made by the tribunal include a recommendation made under section 8a(2)(a) or section 8a(2)(b), all of those recommendations shall be in the first instance interim recommendations. the tribunal shall cause copies of its interim findings and interim recommendations to be served on the parties to the inquiry. subject to subsection (5), the tribunal shall not, without the written consent of the parties, confirm any interim recommendations that include a recommendation made under section 8a(2)(a) or section 8a(2)(b), until at least 90 days after the date of the making of the interim recommendations. where any party to the inquiry is served with a copy of any interim recommendations that include a recommendation made under section 8a(2)(a) or section 8a(2)(b), that party— may, within 90 days after the date of the making of the interim recommendations, offer to enter into negotiations with the other party for the settlement of the claim; and shall, within 90 days after the date of the making of the interim recommendations, inform the tribunal— whether the party accepts or has implemented the interim recommendations; and if the party has made an offer under paragraph (a), the result of that offer. if, before the confirmation of any interim recommendations that include a recommendation made under section 8a(2)(a) or section 8a(2)(b), the claimant and the minister of maori affairs settle the claim, the tribunal shall, as the case may require, cancel or modify the interim recommendations and may make, if necessary, a final recommendation under section 8a(2)(a) or section 8a(2)(b). if subsection (5) does not apply in relation to any interim recommendations that include a recommendation made under section 8a(2)(a) or section 8a(2)(b), upon the expiration of the 90th day after the date of the making of the interim recommendations, the interim recommendations shall take effect as final recommendations. notwithstanding anything in subsections (1) to (6), if any interim recommendations contain a clerical mistake or an error arising from any accidental slip or omission, whether the mistake, error, slip, or omission was made by an officer of the tribunal or not, or if any interim recommendations are so drawn up as not to express what was actually decided and intended, the interim recommendations may be corrected by the tribunal, either of its own motion or on the application of any party. where the interim recommendations are corrected under subsection (7),— the tribunal shall cause copies of the corrected interim recommendations to be served on the parties to the inquiry as soon as practicable; and the period that applies for the purposes of subsections (3), (4), and (6) shall expire on the 90th day after the date of the making of the corrected interim recommendations. 8c. right to be heard on question in relation to land transferred to or vested in state enterprise where, in the course of any inquiry into a claim submitted to the tribunal under section 6, any question arises in relation to any land or interest in land to which section 8a applies, the only persons entitled to appear and be heard on that question shall be— the claimant: the minister of maori affairs: any other minister of the crown who notifies the tribunal in writing that he or she wishes to appear and be heard: any maori who satisfies the tribunal that he or she, or any group of maori of which he or she is a member, has an interest in the inquiry apart from any interest in common with the public. notwithstanding anything in clause 7 of schedule 2 or in section 4a of the commissions of inquiry act 1908 (as applied by clause 8 of schedule 2), no person other than a person designated in paragraph (a) or paragraph (b) or paragraph (c) or paragraph (d) of subsection (1) shall be entitled to appear and be heard on a question to which subsection (1) applies. nothing in subsection (2) affects the right of any person designated in paragraph (a) or paragraph (b) or paragraph (c) or paragraph (d) of subsection (1) to appear, with the leave of the tribunal, by— a barrister or solicitor of the high court; or any other agent or representative authorised in writing. 8d. special power of tribunal to recommend that land be no longer liable to resumption the tribunal may, in its discretion, on the application of a state enterprise or other owner of any land or interest in land to which section 8a applies, recommend to the minister within the meaning of section 4 of the cadastral survey act 2002 that the whole or part of that land or that that interest in land be no longer subject to resumption under section 27b of the state-owned enterprises act 1986 or section 212 of the education act 1989 if— public notice has been given, in accordance with section 8g, of the making of an application under this section in respect of that land or interest in land; and either— no claim in relation to that land or interest in land has been submitted to the tribunal under section 6 before the date specified in the notice; or all the parties to any claim submitted to the tribunal under section 6 in relation to that land or interest in land have informed the tribunal in writing that they consent to the making of the recommendation. the tribunal may make a recommendation pursuant to subsection (1)(b)(ii) without being obliged to determine first whether or not the claim is well-founded. the tribunal may, where it considers it appropriate, consult with a judge of the maori land court about— the directions to be given under section 8f; or the public notice to be given under section 8g,— in relation to any application under this section. 8e. issue of certificate on recommendation of tribunal the minister within the meaning of section 4 of the cadastral survey act 2002 shall, on receiving in respect of any land or interest in land a recommendation under— section 8a(2)(a) or section 8a(2)(b) or section 8a(2)(c); or section 8d(1),— issue a certificate to the effect that the land or interest in land is no longer subject to resumption under section 27b of the state-owned enterprises act 1986 or section 212 of the education act 1989. where the land or the land in which the interest in land exists is subject to the land transfer act 1952, the minister within the meaning of section 4 of the cadastral survey act 2002 shall cause a copy of the certificate to be lodged with the district land registrar of the land registration district within which the land is situated. the district land registrar shall, without fee,— register the certificate against the certificate of title to the land or interest in land; and take all steps necessary to discharge or cancel any memorials or entries showing that the land or interest in land is subject to resumption under section 27b of the state-owned enterprises act 1986 or section 212 of the education act 1989. where— the land or the land in which the interest in land exists is not subject to the land transfer act 1952; and instruments relating to the land or the interest in land are not registerable under the deeds registration act 1908,— the minister within the meaning of section 4 of the cadastral survey act 2002 shall cause a copy of the certificate to be lodged in the office of the surveyor-general, and the surveyor-general shall note the certificate upon the proper plans and records of the district affected. 8f. directions as to service where an application is made under section 8d, the applicant shall apply to the tribunal ex parte for directions as to service. the applicant shall furnish with the application under this section a description of the land or interest in land to which the application under section 8d relates, which description— shall include a full legal description of the land or interest in land; and shall be sufficient to enable the tribunal to decide which persons may be adversely affected by the making, under section 8d, of the recommendation sought. the application under this section— shall specify the directions considered appropriate; and shall be accompanied by a memorandum— by the applicant’s solicitor or counsel; or by any other agent or representative authorised in writing by the applicant,— giving the reasons for the directions considered appropriate. on an application under this section the tribunal shall give such directions for service as it deems proper. 8g. public notice where an application is made under section 8d, the applicant shall, in addition to complying with the directions given under section 8f(4), give, in accordance with the directions of the tribunal, public notice of the application. the public notice shall be published both— in the gazette; and in such newspapers circulating in the district in which the land or interest in land is situated as the tribunal directs. the public notice shall— describe the land or interest in land and its location; and state that an application has been made under section 8d in respect of the land or interest in land; and indicate that— the land or interest in land has been or was transferred to a state enterprise under section 23 of the state-owned enterprises act 1986 or vested in a state enterprise by a notice in the gazette under section 24 of that act or by an order in council made under section 28 of that act; or the land or interest in land has been or was transferred to an institution within the meaning of section 159 of the education act 1989 under section 207 of that act or vested in such an institution by an order in council made under section 215 of that act— as the case may be. invite any maori who considers that he or she, or any group of maori of which he or she is a member, has grounds for a claim under section 6 in relation to the land or interest in land, to submit that claim to the tribunal before a date specified in the notice (which date shall be not less than 90 days after the first or only publication of the notice in the gazette ); and describe briefly any claims already submitted under section 6 in respect of the land or interest in land; and where no claim has been submitted under section 6 in respect of the land or interest in land, state that if no claim in relation to the land or interest in land is submitted to the tribunal under section 6 before the date specified in the notice, the tribunal may recommend that the land or interest in land be no longer liable to resumption under section 27b of the state-owned enterprises act 1986 or section 212 of the education act 1989; and contain such other information as the tribunal directs. 8h. service of decision the tribunal shall cause a sealed copy of its decision and recommendation (if any) with regard to any application under section 8d to be served on— the applicant; and the minister within the meaning of section 4 of the cadastral survey act 2002; and the minister of maori affairs; and such other persons as the tribunal thinks fit. subpart 1. recommendations in relation to crown forest land 8ha. interpretation of certain terms for the purposes of sections 8hb to 8hi, the expressions crown forestry assets, crown forest land, crown forestry licence, and licensed land shall have the same meanings as they have in section 2 of the crown forest assets act 1989. 8hb. recommendations of tribunal in respect of crown forest land subject to section 8hc, where a claim submitted to the tribunal under section 6 relates to licensed land the tribunal may,— if it finds— that the claim is well-founded; and that the action to be taken under section 6(3) to compensate for or remove the prejudice caused by the ordinance or act, or the regulations, order, proclamation, notice, or other statutory instrument, or the policy or practice, or the act or omission that was inconsistent with the principles of the treaty of waitangi, should include the return to maori ownership of the whole or part of that land,— include in its recommendation under section 6(3) a recommendation that the land or that part of that land be returned to maori ownership (which recommendation shall be on such terms and conditions as the tribunal considers appropriate and shall identify the maori or group of maori to whom that land or that part of that land is to be returned); or if it finds— that the claim is well-founded; but that a recommendation for return to maori ownership is not required, in respect of that land or any part of that land by paragraph (a)(ii),— recommend to the minister within the meaning of section 4 of the cadastral survey act 2002 that that land or that part of that land not be liable to return to maori ownership; or if it finds that the claim is not well-founded, recommend to the minister within the meaning of section 4 of the cadastral survey act 2002 that that land or that part of that land not be liable to return to maori ownership. in deciding whether to recommend the return to maori ownership of any licensed land, the tribunal shall not have regard to any changes that have taken place in— the condition of the land and any improvements to it; or its ownership or possession or any other interests in it— that have occurred after or by virtue of the granting of any crown forestry licence in respect of that land. nothing in subsection (1) prevents the tribunal making in respect of any claim that relates in whole or in part to licensed land any other recommendation under subsection (3) or subsection (4) of section 6; except that in making any other recommendation the tribunal may take into account payments made, or to be made, by the crown by way of compensation in relation to the land pursuant to section 36 and schedule 1 of the crown forest assets act 1989. on the making of a recommendation for the return of any land to maori ownership under subsection (1), sections 40 to 42 of the public works act 1981 shall cease to apply in relation to that land. 8hc. interim recommendations in respect of crown forest land where the recommendations made by the tribunal include a recommendation made under section 8hb(1)(a) or section 8hb(1)(b), all of those recommendations shall be in the first instance interim recommendations. the tribunal shall cause copies of its interim findings and interim recommendations to be served on the parties to the inquiry. subject to subsection (5), the tribunal shall not, without the written consent of the parties, confirm any interim recommendations that include a recommendation made under section 8hb(1)(a) or section 8hb(1)(b), until at least 90 days after the date of the making of the interim recommendations. where any party to the inquiry is served with a copy of any interim recommendations that include a recommendation made under section 8hb(1)(a) or section 8hb(1)(b), that party— may, within 90 days after the date of the making of the interim recommendations, offer to enter into negotiations with the other party for the settlement of the claim; and shall, within 90 days after the date of the making of the interim recommendations, inform the tribunal— whether the party accepts or has implemented the interim recommendations; and if the party has made an offer under paragraph (a), the result of that offer. if, before the confirmation of any interim recommendations that include a recommendation made under section 8hb(1)(a) or section 8hb(1)(b), the claimant and the minister of maori affairs settle the claim, the tribunal shall, as the case may require, cancel or modify the interim recommendations and may make, if necessary, a final recommendation under section 8hb(1)(a) or section 8hb(1)(b). if subsection (5) does not apply in relation to any interim recommendations that include a recommendation made under section 8hb(1)(a) or section 8hb(1)(b), upon the expiration of the 90th day after the date of the making of the interim recommendations, the interim recommendations shall become final recommendations. notwithstanding anything in subsections (1) to (6), if any interim recommendations contain a clerical mistake or an error arising from any accidental slip or omission, whether the mistake, error, slip, or omission was made by an officer of the tribunal or not, or if any interim recommendations are so drawn up as not to express what was actually decided and intended, the interim recommendations may be corrected by the tribunal, either of its own motion or on the application of any party. where the interim recommendations are corrected under subsection (7),— the tribunal shall cause copies of the corrected interim recommendations to be served on the parties to the inquiry as soon as practicable; and the period that applies for the purposes of subsections (3), (4), and (6) shall expire on the 90th day after the date of the making of the corrected interim recommendations. 8hd. right to be heard on question in relation to crown forest land where, in the course of any inquiry into a claim submitted to the tribunal under section 6 any question arises in relation to licensed land, the only persons entitled to appear and be heard on that question shall be— the claimant: the minister of maori affairs: any other minister of the crown who notifies the tribunal in writing that he or she wishes to appear and be heard: any maori who satisfies the tribunal that he or she, or any group of maori of which he or she is a member, has an interest in the inquiry apart from any interest in common with the public. notwithstanding anything in clause 7 of schedule 2 or in section 4a of the commissions of inquiry act 1908 (as applied by clause 8 of schedule 2), no person other than a person designated in any of paragraphs (a) to (d) of subsection (1) shall be entitled to appear and be heard on a question to which subsection (1) applies. nothing in subsection (2) affects the right of any person designated in any of paragraphs (a) to (d) of subsection (1) to appear, with the leave of the tribunal, by— a barrister or solicitor of the high court; or any other agent or representative authorised in writing. 8he. special power of tribunal to recommend that land not be liable to be returned to maori ownership the tribunal may, in its discretion, on the application of any minister of the crown or any licensee of crown forest land, recommend to the minister within the meaning of section 4 of the cadastral survey act 2002 that the whole or part of any licensed land not be liable to be returned to maori ownership if— public notice has been given, in accordance with section 8hh, of the making of an application under this section in respect of that land; and either— no claim in relation to that land has been submitted to the tribunal under section 6 before the date specified in the notice; or all the parties to any claim submitted to the tribunal under section 6 in relation to that land have informed the tribunal in writing that they consent to the making of the recommendation. the tribunal may make a recommendation pursuant to subsection (1)(b)(ii) without being obliged to determine first whether or not the claim is well-founded. the tribunal may, where it considers it appropriate, consult with a judge of the maori land court about— the directions to be given under section 8hg; or the public notice to be given under section 8hh,— in relation to any application under this section. 8hf. issue of certificate on recommendation of tribunal the minister within the meaning of section 4 of the cadastral survey act 2002 shall, on receiving in respect of any licensed land a recommendation under section 8hb or section 8he, issue a certificate to the effect that the land is not liable to be returned to maori ownership. where the licensed land is subject to the land transfer act 1952 or where the crown forestry licence is registered pursuant to section 30 of the crown forest assets act 1989, the minister within the meaning of section 4 of the cadastral survey act 2002 shall cause a copy of the certificate to be lodged with the district land registrar of the land registration district within which the land is situated. the district land registrar shall, without fee, register the certificate against the certificate of title to the land or endorse a memorial on the copy of the crown forestry licence, as the case may be. where— the land is not subject to the land transfer act 1952; and a copy of the crown forestry licence has not been registered pursuant to section 30 of the crown forest assets act 1989; and instruments relating to the land are not registrable under the deeds registration act 1908,— the minister within the meaning of section 4 of the cadastral survey act 2002 shall cause a copy of the certificate to be lodged in the office of the surveyor-general for the district in which the land is situated, and the surveyor-general shall note the certificate on the plans and records relating to the land. 8hg. directions as to service where an application is made under section 8he, the applicant shall apply to the tribunal ex parte for directions as to service. the applicant shall furnish with the application under this section a description of the land to which the application under section 8he relates, which description— shall include a full legal description of the land; and shall be sufficient to enable the tribunal to decide which persons may be adversely affected by the making, under section 8he, of the recommendation sought. the application under this section— shall specify the directions considered appropriate; and shall be accompanied by a memorandum by or on behalf of the applicant giving the reasons for the directions considered appropriate. on an application being made under this section the tribunal shall give such directions for service as it deems proper. 8hh. public notice where an application is made under section 8he, the applicant shall, in addition to complying with the directions given under section 8hg, give, in accordance with the directions of the tribunal, public notice of the application. the public notice shall be published both— in the gazette; and in such newspapers circulating in the district in which the land is situated as the tribunal directs. the public notice shall— describe the land and its location; and state that an application has been made under section 8he in respect of the land; and indicate the land is crown forest land that is subject to a crown forestry licence; and invite any maori who considers that he or she, or any group of maori of which he or she is a member, has grounds for a claim under section 6 in relation to the land, to submit that claim to the tribunal before a date specified in the notice (which date shall be not less than 90 days after the first or only publication of the notice in the gazette); and describe briefly any claims already submitted under section 6 in respect of the land; and where no claim has been submitted under section 6 in respect of the land, state that if no claim in relation to the land is submitted to the tribunal under that section before the date specified in the notice, the tribunal may recommend that the land not be liable to be returned to maori ownership and the effect of any such recommendation; and contain such other information as the tribunal directs. 8hi. service of decision the tribunal shall cause a sealed copy of its decision and recommendations (if any) with regard to any application under section 8he to be served on— the applicant; and the minister within the meaning of section 4 of the cadastral survey act 2002; and the minister of maori affairs; and the minister for state owned enterprises and the minister of finance; and such other persons as the tribunal thinks fit. subpart 2. recommendations in relation to land vested under new zealand railways corporation restructuring act 1990 8hj. claims relating to land vested under new zealand railways corporation restructuring act 1990 in respect of every claim submitted to the tribunal under section 6 that relates in whole or in part to land or an interest in land that, immediately before being vested in a crown transferee company pursuant to section 6 of the new zealand railways corporation restructuring act 1990, was land owned by the crown or an interest owned by the crown in land, whether or not the land or interest in land is still vested in that company, the provisions of sections 8a to 8h shall apply with such modifications as may be necessary and, in particular, as if— the reference in section 8a(1) to land or an interest in land to which that section applies was a reference to land or an interest in land that, immediately before being vested in a crown transferee company pursuant to section 6 of the new zealand railways corporation restructuring act 1990, was land owned by the crown or an interest owned by the crown in land, whether or not that land or interest in land is still vested in that company: the reference in section 8a(6) to an interest in land was a reference to an interest in land that was vested in a crown transferee company under section 6 of the new zealand railways corporation restructuring act 1990 but where the land itself was not vested in that company: the references in sections 8a(2)(b) and (c), 8d(1), 8e(1) and (3)(b), and 8g(3)(f) to section 27b of the state-owned enterprises act 1986 were references to section 39 of the new zealand railways corporation restructuring act 1990: the reference in section 8g(3)(c) to land or an interest in land transferred to or vested in a state enterprise was a reference to land or an interest in land vested in a crown transferee company pursuant to the new zealand railways corporation restructuring act 1990. 8i. annual report on implementation of recommendations the minister of maori affairs shall in each year prepare and lay before the house of representatives a report on the progress being made in the implementation of recommendations made to the crown by the tribunal. 9. right to petition house of representatives unaffected nothing in this act shall affect in any way the right of any person to petition the house of representatives for the redress of any grievance, or the jurisdiction of any committee or other body set up by the house of representatives to deal with a petition to the house of representatives. schedule 1. treaty of waitangi the text in english her majesty victoria queen of the united kingdom of great britain and ireland regarding with her royal favour the native chiefs and tribes of new zealand and anxious to protect their just rights and property and to secure to them the enjoyment of peace and good order has deemed it necessary in consequence of the great number of her majesty’s subjects who have already settled in new zealand and the rapid extension of emigration both from europe and australia which is still in progress to constitute and appoint a functionary properly authorized to treat with the aborigines of new zealand for the recognition of her majesty’s sovereign authority over the whole or any part of those islands — her majesty therefore being desirous to establish a settled form of civil government with a view to avert the evil consequences which must result from the absence of the necessary laws and institutions alike to the native population and to her subjects has been graciously pleased to empower and to authorize me william hobson a captain in her majesty’s royal navy consul and lieutenant governor of such parts of new zealand as may be or hereafter shall be ceded to her majesty to invite the confederated and independent chiefs of new zealand to concur in the following articles and conditions. article the first the chiefs of the confederation of the united tribes of new zealand and the separate and independent chiefs who have not become members of the confederation cede to her majesty the queen of england absolutely and without reservation all the rights and powers of sovereignty which the said confederation or individual chiefs respectively exercise or possess, or may be supposed to exercise or to possess over their respective territories as the sole sovereigns thereof. article the second her majesty the queen of england confirms and guarantees to the chiefs and tribes of new zealand and to the respective families and individuals thereof the full exclusive and undisturbed possession of their lands and estates forests fisheries and other properties which they may collectively or individually possess so long as it is their wish and desire to retain the same in their possession; but the chiefs of the united tribes and the individual chiefs yield to her majesty the exclusive right of preemption over such lands as the proprietors thereof may be disposed to alienate at such prices as may be agreed upon between the respective proprietors and persons appointed by her majesty to treat with them in that behalf. article the third in consideration thereof her majesty the queen of england extends to the natives of new zealand her royal protection and imparts to them all the rights and privileges of british subjects. signed w hobson, lieutenant governor. now therefore we the chiefs of the confederation of the united tribes of new zealand being assembled in congress at victoria in waitangi and we the separate and independent chiefs of new zealand claiming authority over the tribes and territories which are specified after our respective names, having been made fully to understand the provisions of the foregoing treaty, accept and enter into the same in the full spirit and meaning thereof: in witness of which we have attached our signatures or marks at the places and the dates respectively specified. done at waitangi this sixth day of february in the year of our lord one thousand eight hundred and forty. [here follow signatures, dates, etc.] the text in maori [text in maori omitted due to length full text can be found online at http://www.legislation.govt.nz/act/public/1975/0114/latest/dlm435843.html] schedules 2-3 [schedules omitted due to length full text can be found online at http://www.legislation.govt.nz/act/public/1975/0114/latest/whole.html#dlm1347539] letters patent constituting the office of governor-general of new zealand preamble elizabeth the second, by the grace of god queen of new zealand and her other realms and territories, head of the commonwealth, defender of the faith: to all to whom these presents shall come, greeting: whereas by certain letters patent under the great seal of the united kingdom bearing date at westminster the 11th day of may 1917, his late majesty king george the fifth constituted, ordered, and declared that there should be a governor-general and commander-in-chief in and over the dominion of new zealand: and whereas by certain letters patent under the great seal of the united kingdom bearing date at westminster the 18th day of december 1918, his late majesty king george the fifth made other provision for the publication and the coming into operation of the said letters patent bearing date the 11th day of may 1917, in lieu of the provision made in the fifteenth clause thereof: and whereas at the court at st. james’s on the 11th day of may 1917, his late majesty king george the fifth caused certain instructions under the royal sign manual and signet to be given to the governor-general and commander-in-chief: and whereas at the court at st. james’s on the 23rd day of july 1917, his late majesty king george the fifth caused a dormant commission to be passed under the royal sign manual and signet, appointing the chief justice or the senior judge for the time being of the supreme court of new zealand to administer the government of new zealand, in the event of the death, incapacity, or absence of the governor-general and commander-in-chief and of the lieutenant-governor (if any): and whereas, by order in council bearing date at wellington the 26th day of september 1983, our governor-general and commander-in-chief of new zealand, acting by and with the advice and consent of the executive council of new zealand, has requested the issue of new letters patent revoking and determining the said letters patent bearing date the 11th day of may 1917, the said letters patent bearing date the 18th day of december 1918, the said instructions, and the said dormant commission, and substituting in place of the revoked documents other provision in the form of the draft of new letters patent set out in schedule 1 to that order in council: and whereas the said letters patent bearing date the 11th day of may 1917, the said letters patent bearing date the 18th day of december 1918, the said instructions, and the said dormant commission extend to the self-governing state of the cook islands and to the self-governing state of niue as part of the law of the cook islands and of niue, respectively: and whereas approval of the said draft of new letters patent has been signified on behalf of the government of the cook islands and the government of niue: now, therefore, we do by these presents revoke and determine the said letters patent bearing date the 11th day of may 1917, the said letters patent bearing date the 18th day of december 1918, the said instructions, and the said dormant commission, but without prejudice to anything lawfully done thereunder; and we do hereby declare that the persons who are members of the body known as the executive council of new zealand immediately before the coming into force of these our letters patent shall be members of our executive council hereby constituted as though they had been appointed thereto under these our letters patent. and we do declare our will and pleasure as follows: 1. office of governor-general and commander-in-chief constituted we do hereby constitute, order, and declare that there shall be, in and over our realm of new zealand, which comprises— new zealand; and the self-governing state of the cook islands; and the self-governing state of niue; and tokelau; and the ross dependency,— a governor-general and commander-in-chief who shall be our representative in our realm of new zealand, and shall have and may exercise the powers and authorities conferred on him by these our letters patent, but without prejudice to the office, powers, or authorities of any other person who has been or may be appointed to represent us in any part of our realm of new zealand and to exercise powers and authorities on our behalf. 2. appointment of governor-general and commander-in-chief and we do hereby order and declare that our governor-general and commander-in-chief (hereinafter called our governor-general) shall be appointed by us, by commission under the seal of new zealand, and shall hold office during our pleasure. 3. governor-general’s powers and authorities and we do hereby authorise and empower our governor-general, except as may be otherwise provided by law,— to exercise on our behalf the executive authority of our realm of new zealand, either directly or through officers subordinate to our governor-general; and for greater certainty, but not so as to restrict the generality of the foregoing provisions of this clause, to do and execute in like manner all things that belong to the office of governor-general including the powers and authorities hereinafter conferred by these our letters patent. 4. manner in which governor-general’s powers and authorities are to be executed our governor-general shall do and execute all the powers and authorities of the governor-general according to— the tenor of these our letters patent and of such commission as may be issued to our governor-general under the seal of new zealand; and such laws as are now or shall hereafter be in force in our realm of new zealand or in any part thereof. 5. publication of governor-general’s commission every person appointed to fill the office of governor-general shall, before entering on any of the duties of the office, cause the commission appointing him to be governor-general to be publicly read, in the presence of the chief justice, or some other judge of the high court of new zealand, and of members of the executive council thereof. 6. oaths to be taken by governor-general our governor-general shall, immediately after the public reading of the commission appointing him, take— the oath of allegiance in the form for the time being prescribed by the law of new zealand; and the oath for the due execution of the office of governorgeneral in the form following: i, [name], swear that, as governor-general and commanderin-chief of the realm of new zealand, comprising new zealand; the self-governing states of the cook islands and niue; tokelau; and the ross dependency, i will faithfully and impartially serve her [or his] majesty [specify the name of the reigning sovereign, as thus: queen elizabeth the second], queen of new zealand [or king of new zealand], her [or his] heirs and successors, and the people of the realm of new zealand, in accordance with their respective laws and customs. so help me god. which oaths the chief justice or other judge in whose presence the commission is read is hereby required to administer. 7. constitution of executive council and we do by these presents constitute an executive council to advise us and our governor-general in the government of our realm of new zealand. 8. membership of executive council the executive council shall consist of those persons who, having been appointed to the executive council from among persons eligible for appointment under the constitution act 1986, are for the time being our responsible advisers. 9. quorum of executive council the executive council shall not proceed to the despatch of business unless two members at the least (exclusive of any member presiding in the absence of our governor-general) be present throughout the whole of the meeting at which any such business is despatched, except that in a situation of urgency or emergency, members may be present by any method of communication that allows each member to participate effectively during the whole of the meeting. 10. appointment of members of executive council, etc and we do hereby authorise and empower our governorgeneral, from time to time in our name and on our behalf, to constitute and appoint under the seal of new zealand, to hold office during pleasure, all such members of the executive council, ministers of the crown, commissioners, diplomatic or consular representatives of new zealand, principal representatives of new zealand in any other country or accredited to any international organisation, and other necessary officers as may be lawfully constituted or appointed by us. 11. exercise of prerogative of mercy and we do further authorise and empower our governor-general, in our name and on our behalf, to exercise the prerogative of mercy in our realm of new zealand, except in any part thereof where, under any law now or hereafter in force, the prerogative of mercy may be exercised in our name and on our behalf by any other person or persons, to the exclusion of our governor-general; and for greater certainty but not so as to restrict the authority hereby conferred, our governor-general may: grant, to any person concerned in the commission of any offence for which he may be tried in any court in new zealand or in any other part of our said realm to which this clause applies or to any person convicted of any offence in any such court, a pardon, either free or subject to lawful conditions; or grant, to any person, a respite, either indefinite or for a specified period, of the execution of any sentence passed on that person in any court in new zealand or in any other part of our said realm to which this clause applies; or remit, subject to such lawful conditions as he may think fit to impose, the whole or any part of any such sentence or of any penalty or forfeiture otherwise due to us on account of any offence in respect of which a person has been convicted by any court in new zealand or in any other part of our said realm to which this clause applies. 12. administrator of the government whenever the office of governor-general is vacant, or the holder of the office is for any reason unable to perform all or any of the functions of the office, we do hereby authorise, empower, and command the chief justice of new zealand to perform the functions of the office of governor-general. if, however, there is for the time being no chief justice able to act as governor-general, then the next most senior judge of the new zealand judiciary who is able so to act is so authorised, empowered, and commanded. the chief justice or the next most senior judge, while performing all or any of the functions of the office of governor-general, is to be known as the administrator of the government; and in these our letters patent every reference to our governor-general includes, unless inconsistent with the context, a reference to our administrator of the government. 13. oaths to be taken by administrator of the government the said chief justice or next most senior judge of the new zealand judiciary shall, on the first occasion on which he is required to act as administrator of the government and before entering on any of the duties of the office of governor-general, take the oaths hereinbefore directed to be taken by our governor-general, which oaths, with such modifications as are necessary, shall be administered by some other judge of the high court of new zealand, in the presence of not less than two members of the executive council. 14. powers and authorities of governor-general not abridged while our administrator of the government is performing all or any of the functions of the office of governor-general, the powers and authorities of our governor-general shall not be abridged, altered, or in any way affected, otherwise than as we may at any time hereafter think proper to direct. 15. governor-general’s absence [revoked] 16. ministers to keep governor-general informed our ministers of the crown in new zealand shall keep our governor-general fully informed concerning the general conduct of the government of our said realm, so far as they are responsible therefor, and shall furnish our governor-general with such information as he may request with respect to any particular matter relating to the government of our said realm. 17. ministers and others to obey, aid, and assist governor-general our ministers of the crown and other officers, civil and military, and all other inhabitants of our realm of new zealand, shall obey, aid, and assist our governor-general in the performance of the functions of the office of governor-general. 18. power reserved to her majesty to revoke, alter, or amend the present letters patent and we do hereby reserve to ourselves, our heirs and successors, full power and authority from time to time to revoke, alter, or amend these our letters patent as to us or them shall seem meet. 19. present letters patent to have effect as law and we do further declare that these our letters patent shall take effect as part of the law of our realm of new zealand, comprising new zealand, the selfgoverning state of the cook islands, the self-governing state of niue, tokelau, and the ross dependency on the 1st day of november 1983. in witness whereof we have caused these our letters to be made patent, and for the greater testimony and validity thereof we have caused the seal of new zealand to be affixed to these presents, which we have signed with our regal hand. given the 28th day of october in the year of our lord one thousand nine hundred and eighty-three and in the 32nd year of our reign. constitution act 1986 preamble an act to reform the constitutional law of new zealand, to bring together into one enactment certain provisions of constitutional significance, and to provide that the new zealand constitution act 1852 of the parliament of the united kingdom shall cease to have effect as part of the law of new zealand 1. short title and commencement this act may be cited as the constitution act 1986. this act shall come into force on 1 january 1987. part 1. the sovereign 2. head of state the sovereign in right of new zealand is the head of state of new zealand, and shall be known by the royal style and titles proclaimed from time to time. the governor-general appointed by the sovereign is the sovereign’s representative in new zealand. 3. exercise of royal powers by the sovereign or the governor-general every power conferred on the governor-general by or under any act is a royal power which is exercisable by the governor-general on behalf of the sovereign, and may accordingly be exercised either by the sovereign in person or by the governor-general. every reference in any act to the governor-general in council or any other like expression includes a reference to the sovereign acting by and with the advice and consent of the executive council. 3a. advice and consent of executive council the sovereign or the governor-general may perform a function or duty, or exercise a power, on the advice and with the consent of the executive council if that advice and consent are given at a meeting of the executive council at which neither the sovereign nor the governor-general is present if the sovereign or the governor-general is prevented from attending the meeting by some necessary or reasonable cause. the performance of the function or duty, or the exercise of the power takes effect from the date of the meeting unless another time is specified for the performance of the function or duty, or for the exercise of the power, to take effect. neither the validity of the performance of the function or duty, nor the validity of the exercise of the power, can be challenged in any legal proceedings on the ground that the sovereign or the governor-general was not prevented from attending the meeting of the executive council by some necessary or reasonable cause. 3b. exercise of powers and duties by administrator the administrator of the government may perform a function or duty imposed on the governor-general, or exercise a power conferred on the governor-general, ifthe office of governor-general is vacant; or the governor-general is unable to perform the function or duty or exercise the power. the performance or exercise by the administrator of the government of a function or duty imposed, or a power conferred, on the governor-general is conclusive evidence of the authority of the administrator to perform the function or duty or exercise the power. 4. regency where, under the law of the united kingdom, the royal functions are being performed in the name and on behalf of the sovereign by a regent, the royal functions of the sovereign in right of new zealand shall be performed in the name and on behalf of the sovereign by that regent. nothing in subsection (1) limits, in relation to any power of the sovereign in right of new zealand, the authority of the governor-general to exercise that power. 5. demise of the crown the death of the sovereign shall have the effect of transferring all the functions, duties, powers, authorities, rights, privileges, and dignities belonging to the crown to the sovereign’s successor, as determined in accordance with the enactment of the parliament of england intituled the act of settlement (12 & 13 will 3, c 2) and any other law relating to the succession to the throne, but shall otherwise have no effect in law for any purpose. every reference to the sovereign in any document or instrument in force on or after the commencement of this act shall, unless the context otherwise requires, be deemed to include a reference to the sovereign’s heirs and successors. part 2. the executive 6. ministers of crown to be members of parliament a person may be appointed and may hold office as a member of the executive council or as a minister of the crown only if that person is a member of parliament. notwithstanding subsection (1),— a person who is not a member of parliament may be appointed and may hold office as a member of the executive council or as a minister of the crown if that person was a candidate for election at the general election of members of the house of representatives held immediately preceding that person’s appointment as a member of the executive council or as a minister of the crown but shall vacate office at the expiration of the period of 40 days beginning with the date of the appointment unless, within that period, that person becomes a member of parliament; and where a person who holds office both as a member of parliament and as a member of the executive council or as a minister of the crown ceases to be a member of parliament, that person may continue to hold office as a member of the executive council or as a minister of the crown until the expiration of the 28th day after the day on which that person ceases to be a member of parliament. 7. power of member of executive council to exercise minister’s powers any function, duty, or power exercisable by or conferred on any minister of the crown (by whatever designation that minister is known) may, unless the context otherwise requires, be exercised or performed by any member of the executive council. 8. appointment of parliamentary under-secretaries the governor-general may from time to time, by warrant under the governor-general’s hand, appoint any member of parliament to be a parliamentary under-secretary in relation to such ministerial office or offices as are specified in that behalf in the warrant of appointment. a parliamentary under-secretary shall hold office as such during the pleasure of the governor-general, but shall in every case vacate that office within 28 days of ceasing to be a member of parliament. 9. functions of parliamentary under-secretaries a parliamentary under-secretary holding office as such in respect of any ministerial office shall have and may exercise or perform under the direction of the minister concerned such of the functions, duties, and powers of the minister of the crown for the time being holding that office as may from time to time be assigned to the parliamentary under-secretary by that minister. nothing in subsection (1) limits the authority of any minister of the crown to exercise or perform personally any function, duty, or power. the fact that any person holding office as a parliamentary under-secretary in respect of any ministerial office purports to exercise or perform any function, duty, or power of the minister concerned shall be conclusive evidence of that person’s authority to do so. 9a. solicitor-general may perform functions of attorney-general the solicitor-general may perform a function or duty imposed, or exercise a power conferred, on the attorney-general. 9b. appointment of person to act in place of solicitor-general the governor-general may appoint a barrister or solicitor of at least 7 years’ practice to act— in place of, or for, the solicitor-general during the absence from office of the solicitor-general or if the solicitor-general is incapacitated in a way that affects the performance of his or her duties; or during a vacancy in the office of solicitor-general. the performance of a function or duty or the exercise of a power by a person appointed under subsection (1) is, in the absence of proof to the contrary, sufficient evidence of the authority of that person to do so. 9c. delegation of powers of attorney-general and solicitor-general the solicitor-general may, with the written consent of the attorney-general, in writing delegate to a deputy solicitor-general, any of the functions or duties imposed, or powers conferred, on the attorney-general. the solicitor-general may in writing delegate to a deputy solicitor-general any of the functions or duties imposed, or powers conferred, on the solicitor-general, except for the power to delegate conferred by this subsection. a delegation is revocable and does not prevent the attorney-general or the solicitor-general from performing the function or duty or exercising the power. a delegation may be made on conditions specified in the instrument of delegation. the fact that a deputy solicitor-general performs a function or duty or exercises a power is, in the absence of proof to the contrary, sufficient evidence of his or her authority to do so. part 3. the legislature a. the house of representatives 10. house of representatives there shall continue to be a house of representatives for new zealand. the house of representatives is the same body as the house of representatives referred to in section 32 of the new zealand constitution act 1852 of the parliament of the united kingdom. the house of representatives shall be regarded as always in existence, notwithstanding that parliament has been dissolved or has expired. the house of representatives shall have as its members those persons who are elected from time to time in accordance with the provisions of the electoral act 1993, and who shall be known as members of parliament. 11. oath of allegiance to be taken by members of parliament a member of parliament shall not be permitted to sit or vote in the house of representatives until that member has taken the oath of allegiance in the form prescribed in section 17 of the oaths and declarations act 1957. the oath to be taken under this section shall be administered by the governor-general or a person authorised by the governor-general to administer that oath. 12. election of speaker the house of representatives shall, at its first meeting after any general election of its members, and immediately on its first meeting after any vacancy occurs in the office of speaker, choose one of its members as its speaker, and every such choice shall be effective on being confirmed by the governor-general. 13. speaker to continue in office notwithstanding dissolution or expiration of parliament a person who is in office as speaker immediately before the dissolution or expiration of parliament shall, notwithstanding that dissolution or expiration, continue in office until the close of polling day at the next general election unless that person sooner vacates office as speaker. b. parliament 14. parliament there shall be a parliament of new zealand, which shall consist of the sovereign in right of new zealand and the house of representatives. the parliament of new zealand is the same body as that which before the commencement of this act was called the general assembly (as established by section 32 of the new zealand constitution act 1852 of the parliament of the united kingdom) and which consisted of the governor-general and the house of representatives. 15. power of parliament to make laws the parliament of new zealand continues to have full power to make laws. no act of the parliament of the united kingdom passed after the commencement of this act shall extend to new zealand as part of its law. 16. royal assent to bills a bill passed by the house of representatives shall become law when the sovereign or the governor-general assents to it and signs it in token of such assent. 17. term of parliament the term of parliament shall, unless parliament is sooner dissolved, be 3 years from the day fixed for the return of the writs issued for the last preceding general election of members of the house of representatives, and no longer. section 268 of the electoral act 1993 shall apply in respect of subsection (1). 18. summoning, proroguing, and dissolution of parliament the governor-general may by proclamation summon parliament to meet at such place and time as may be appointed therein, notwithstanding that when the proclamation is signed or when it takes effect parliament stands prorogued to a particular date. the governor-general may, by proclamation, change the place of meeting of parliament set out in the proclamation summoning parliament if that place is unsafe or uninhabitable. the governor-general may by proclamation prorogue or dissolve parliament. a proclamation summoning, proroguing, or dissolving parliament shall be effective— on being gazetted; or on being publicly read, by some person authorised to do so by the governor-general, in the presence of the clerk of the house of representatives and 2 other persons, — whichever occurs first. every proclamation that takes effect pursuant to subsection (3)(b) shall be gazetted as soon as practicable after it is publicly read. 19. first meeting of parliament after general election after any general election of members of the house of representatives, parliament shall meet not later than 6 weeks after the day fixed for the return of the writs for that election. 20. lapse or reinstatement of parliamentary business any bill, petition, or other business before the house of representatives or any of its committees during a session of a parliament (any parliamentary business)— does not lapse on the prorogation of that parliament and may be resumed in the next session of parliament (a session of that parliament): lapses on the dissolution or expiration of that parliament, but may be reinstated in the next session of parliament (a session of the next parliament). parliamentary business is reinstated in that next session if, after that dissolution or expiration, the house of representatives resolves that the parliamentary business be reinstated in that next session. c. parliament and public finance 21. bills appropriating public money [repealed] 22. parliamentary control of public finance it shall not be lawful for the crown, except by or under an act of parliament,— to levy a tax; or to borrow money or to receive money borrowed from any person; or. to spend any public money. part 4. the judiciary 23. protection of judges against removal from office a judge of the high court shall not be removed from office except by the sovereign or the governor-general, acting upon an address of the house of representatives, which address may be moved only on the grounds of that judge’s misbehaviour or of that judge’s incapacity to discharge the functions of that judge’s office. 24. salaries of judges not to be reduced the salary of a judge of the high court shall not be reduced during the continuance of the judge’s commission. part 5. miscellaneous provisions 25. general assembly library to be known as the parliamentary library the library heretofore known as the general assembly library shall, as from the commencement of this act, be known as the parliamentary library. the officer heretofore known as the chief librarian of the general assembly library shall be known, as from the commencement of this act, as the parliamentary librarian. subject to section 27, all references to the general assembly library or to the chief librarian of the general assembly library in any other enactment or in any document whatsoever shall hereafter, unless the context otherwise requires, be read as references to the parliamentary library and to the parliamentary librarian respectively. 26. united kingdom enactments ceasing to have effect as part of the law of new zealand as from the commencement of this act the following enactments of the parliament of the united kingdom, namely,— the new zealand constitution act 1852 (15 and 16 vict, c 72); and the statute of westminster 1931 (22 geo v, c 4); and the new zealand constitution (amendment) act 1947 (11 geo vi, c 4), — shall cease to have effect as part of the law of new zealand. the provisions of sections 20, 20a, and 21 of the acts interpretation act 1924 shall apply with respect to the enactments specified in subsection (1) as if they were acts of the parliament of new zealand that had been repealed by that subsection. without limiting the provisions of subsection (2), it is hereby declared that the effect of section 11 of the statute of westminster 1931 (22 geo v, c 4) (which section declared that the expression colony shall not, in any act of the parliament of the united kingdom passed after the commencement of the statute of westminster 1931, include a dominion or any province or state forming part of a dominion) shall not be affected by virtue of the statute of westminster 1931 ceasing, by virtue of subsection (1), to have effect as part of the law of new zealand. 27. consequential amendments to other enactments the enactments specified in schedule 1 are hereby amended in the manner indicated in that schedule. 28. repeals the enactments specified in schedule 2 are hereby repealed. the regulations amendment act 1962 is hereby consequentially repealed. amendment(s) incorporated in the act(s). 29. transitional and consequential provisions relating to parliament the parliament in being at the commencement of this act (before the commencement of this act called the general assembly) shall continue in accordance with and subject to the provisions of this act. as from the commencement of this act, every reference to the general assembly or to the general assembly of new zealand in any enactment passed before the date of commencement of this act and in any document executed before that date shall, unless the context otherwise requires, be read as a reference to the parliament of new zealand. subsection (2) shall not apply in respect of the acts interpretation act 1924. schedule 1. consequential amendments agriculture (emergency powers) act 1934 (1934 no 34) (rs vol 1, p 87) amendment(s) incorporated in the act(s). civil defence act 1983 (1983 no 46) amendment(s) incorporated in the act(s). civil list act 1979 (1979 no 33) amendment(s) incorporated in the act(s). customs act 1966 (1966 no 19) (rs vol 2, p 57) amendment(s) incorporated in the act(s). economic stabilisation act 1948 (1948 no 38) (rs vol 6, p 227) amendment(s) incorporated in the act(s). foreign affairs and overseas service act 1983 (1983 no 128) amendment(s) incorporated in the act(s). government superannuation fund act 1956 (1956 no 47) (rs vol 13, p 97) amendment(s) incorporated in the act(s). judicature act 1908 (1908 no 89) (1957 reprint, vol 6, p 699) amendment(s) incorporated in the act(s). oaths and declarations act 1957 (1957 no 88) (rs vol 4, p 1) amendment(s) incorporated in the act(s). official information act 1982 (1982 no 156) amendment(s) incorporated in the act(s). ombudsmen act 1975 (1975 no 9) amendment(s) incorporated in the act(s). parliamentary service act 1985 (1985 no 128) amendment(s) incorporated in the act(s). petroleum demand restraint act 1981 (1981 no 12) amendment(s) incorporated in the act(s). primary products marketing act 1953 (1953 no 10) (rs vol 4, p 201) amendment(s) incorporated in the act(s). public finance act 1977 (1977 no 65) amendment(s) incorporated in the act(s). public safety conservation act 1932 (1932 no 3) (rs vol 4, p 233) amendment(s) incorporated in the act(s). regulations act 1936 (1936 no 17) (rs vol 10, p 723) amendment(s) incorporated in the act(s). statutes amendment act 1936 (1936 no 58) (rs vol 1, p 31) amendment(s) incorporated in the act(s). treaty of waitangi act 1975 (1975 no 114) (rs vol 8, p 877) amendment(s) incorporated in the act(s). schedule 2. enactments repealed demise of the crown act 1908 (1908 no 42) (rs vol 2, p 323) legislature amendment act 1977 (1977 no 22) (rs vol 6, p 764) new zealand constitution amendment act 1970 (1970 no 94) (rs vol 10, p 463) new zealand constitution amendment act 1973 (1973 no 114) (rs vol 10, p 463) new zealand constitution amendment (request and consent) act 1947 (1947 no 44) (rs vol 10, p 461) royal powers act 1983 (1983 no 20) statute of westminster adoption act 1947 (1947 no 38) (rs vol 11, p 393) new zealand bill of rights act 1990 preamble an act— to affirm, protect, and promote human rights and fundamental freedoms in new zealand; and to affirm new zealand’s commitment to the international covenant on civil and political rights 1. short title and commencement this act may be cited as the new zealand bill of rights act 1990. this act shall come into force on the 28th day after the date on which it receives the royal assent. part 1. general provisions 2. rights affirmed the rights and freedoms contained in this bill of rights are affirmed. 3. application this bill of rights applies only to acts done— by the legislative, executive, or judicial branches of the government of new zealand; or by any person or body in the performance of any public function, power, or duty conferred or imposed on that person or body by or pursuant to law. 4. other enactments not affected no court shall, in relation to any enactment (whether passed or made before or after the commencement of this bill of rights),— hold any provision of the enactment to be impliedly repealed or revoked, or to be in any way invalid or ineffective; or decline to apply any provision of the enactment— by reason only that the provision is inconsistent with any provision of this bill of rights. 5. justified limitations subject to section 4, the rights and freedoms contained in this bill of rights may be subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. 6. interpretation consistent with bill of rights to be preferred wherever an enactment can be given a meaning that is consistent with the rights and freedoms contained in this bill of rights, that meaning shall be preferred to any other meaning. 7. attorney-general to report to parliament where bill appears to be inconsistent with bill of rights where any bill is introduced into the house of representatives, the attorney-general shall,— in the case of a government bill, on the introduction of that bill; or in any other case, as soon as practicable after the introduction of the bill,— bring to the attention of the house of representatives any provision in the bill that appears to be inconsistent with any of the rights and freedoms contained in this bill of rights. part 2. civil and political rights subpart 1. life and security of the person 8. right not to be deprived of life no one shall be deprived of life except on such grounds as are established by law and are consistent with the principles of fundamental justice. 9. right not to be subjected to torture or cruel treatment everyone has the right not to be subjected to torture or to cruel, degrading, or disproportionately severe treatment or punishment. 10. right not to be subjected to medical or scientific experimentation every person has the right not to be subjected to medical or scientific experimentation without that person’s consent. 11. right to refuse to undergo medical treatment everyone has the right to refuse to undergo any medical treatment. subpart 2. democratic and civil rights 12. electoral rights every new zealand citizen who is of or over the age of 18 years— has the right to vote in genuine periodic elections of members of the house of representatives, which elections shall be by equal suffrage and by secret ballot; and is qualified for membership of the house of representatives. 13. freedom of thought, conscience, and religion everyone has the right to freedom of thought, conscience, religion, and belief, including the right to adopt and to hold opinions without interference. 14. freedom of expression everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form. 15. manifestation of religion and belief every person has the right to manifest that person’s religion or belief in worship, observance, practice, or teaching, either individually or in community with others, and either in public or in private. 16. freedom of peaceful assembly everyone has the right to freedom of peaceful assembly. 17. freedom of association everyone has the right to freedom of association. 18. freedom of movement everyone lawfully in new zealand has the right to freedom of movement and residence in new zealand. every new zealand citizen has the right to enter new zealand. everyone has the right to leave new zealand. no one who is not a new zealand citizen and who is lawfully in new zealand shall be required to leave new zealand except under a decision taken on grounds prescribed by law. subpart 3. non-discrimination and minority rights 19. freedom from discrimination everyone has the right to freedom from discrimination on the grounds of discrimination in the human rights act 1993. measures taken in good faith for the purpose of assisting or advancing persons or groups of persons disadvantaged because of discrimination that is unlawful by virtue of part 2 of the human rights act 1993 do not constitute discrimination. 20. rights of minorities a person who belongs to an ethnic, religious, or linguistic minority in new zealand shall not be denied the right, in community with other members of that minority, to enjoy the culture, to profess and practise the religion, or to use the language, of that minority. subpart 4. search, arrest, and detention 21. unreasonable search and seizure everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence or otherwise. 22. liberty of the person everyone has the right not to be arbitrarily arrested or detained. 23. rights of persons arrested or detained everyone who is arrested or who is detained under any enactmentshall be informed at the time of the arrest or detention of the reason for it; and shall have the right to consult and instruct a lawyer without delay and to be informed of that right; and shall have the right to have the validity of the arrest or detention determined without delay by way of habeas corpus and to be released if the arrest or detention is not lawful. everyone who is arrested for an offence has the right to be charged promptly or to be released. everyone who is arrested for an offence and is not released shall be brought as soon as possible before a court or competent tribunal. everyone who isarrested; or detained under any enactmentfor any offence or suspected offence shall have the right to refrain from making any statement and to be informed of that right. everyone deprived of liberty shall be treated with humanity and with respect for the inherent dignity of the person. 24. rights of persons charged everyone who is charged with an offence— shall be informed promptly and in detail of the nature and cause of the charge; and shall be released on reasonable terms and conditions unless there is just cause for continued detention; and shall have the right to consult and instruct a lawyer; and shall have the right to adequate time and facilities to prepare a defence; and shall have the right, except in the case of an offence under military law tried before a military tribunal, to the benefit of a trial by jury when the penalty for the offence is or includes imprisonment for 2 years or more; and shall have the right to receive legal assistance without cost if the interests of justice so require and the person does not have sufficient means to provide for that assistance; and shall have the right to have the free assistance of an interpreter if the person cannot understand or speak the language used in court. 25. minimum standards of criminal procedure everyone who is charged with an offence has, in relation to the determination of the charge, the following minimum rights: the right to a fair and public hearing by an independent and impartial court: the right to be tried without undue delay: the right to be presumed innocent until proved guilty according to law: the right not to be compelled to be a witness or to confess guilt: the right to be present at the trial and to present a defence: the right to examine the witnesses for the prosecution and to obtain the attendance and examination of witnesses for the defence under the same conditions as the prosecution: the right, if convicted of an offence in respect of which the penalty has been varied between the commission of the offence and sentencing, to the benefit of the lesser penalty: the right, if convicted of the offence, to appeal according to law to a higher court against the conviction or against the sentence or against both: the right, in the case of a child, to be dealt with in a manner that takes account of the child’s age. 26. retroactive penalties and double jeopardy no one shall be liable to conviction of any offence on account of any act or omission which did not constitute an offence by such person under the law of new zealand at the time it occurred. no one who has been finally acquitted or convicted of, or pardoned for, an offence shall be tried or punished for it again. 27. right to justice every person has the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person’s rights, obligations, or interests protected or recognised by law. every person whose rights, obligations, or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination. every person has the right to bring civil proceedings against, and to defend civil proceedings brought by, the crown, and to have those proceedings heard, according to law, in the same way as civil proceedings between individuals. part 3. miscellaneous provisions 28. other rights and freedoms not affected an existing right or freedom shall not be held to be abrogated or restricted by reason only that the right or freedom is not included in this bill of rights or is included only in part. 29. application to legal persons except where the provisions of this bill of rights otherwise provide, the provisions of this bill of rights apply, so far as practicable, for the benefit of all legal persons as well as for the benefit of all natural persons. electoral act 1993 preamble an act to reform the electoral system and to provide, in particular, if the proposal for the introduction of the mixed member proportional system is carried at the referendum held under the electoral referendum act 1993,— for the introduction of the mixed member proportional system of representation in relation to the house of representatives: for the establishment of an electoral commission: for the repeal of the electoral act 1956 1. short title this act may be cited as the electoral act 1993. 2. commencement if the chief electoral officer makes, in accordance with section 19(5) of the electoral referendum act 1993, a declaration that the proposal favouring the introduction of the proposed mixed member proportional system as provided in this act is carried, part 4 and parts 6 to 9 and schedules 2 and 3 shall, except as provided in subsection (2), come into force on 1 july 1994. if the chief electoral officer makes, in accordance with section 19(5) of the electoral referendum act 1993, a declaration that the proposal favouring the introduction of the proposed mixed member proportional system as provided in this act is carried, section 3 and parts 1, 2, 3, and 5 and sections 267, 269, and 270 and schedule 1 shall come into force on the day after the date on which that declaration is published in the gazette. if the chief electoral officer makes, in accordance with section 19(5) of the electoral referendum act 1993, a declaration that the proposal favouring the introduction of the proposed mixed member proportional system as provided in this act is not carried,— section 3 and parts 1 to 9 and schedules 1, 2, and 3 shall not come into force; and on 1 july 1994, this act shall be deemed to be repealed. except as provided in subsections (1) to (3), this act shall come into force on the day on which it receives the royal assent. 3. interpretation in this act, unless the context otherwise requires,— adult— approved electronic medium, in relation to the making of an application or the providing of any information, means an electronic medium approved by the electoral commission for the making of that application or the providing of that information bribery has the meaning assigned to that term by section 216 by-election means any election other than a general election candidate,— means a constituency candidate; and includes a list candidate (other than in parts 6aa and 6a); and in the definition of candidate advertisement and in section 3a and parts 6aa, 6a, 7, and 8 includes a person who has declared his or her intention of becoming a constituency candidate; and in parts 7 and 8 includes a person who has declared his or her intention of becoming a list candidate candidate advertisement means an advertisement in any medium that may reasonably be regarded as encouraging or persuading voters to do either or both of the following: to vote for a constituency candidate (whether or not the name of the candidate is stated): not to vote for a constituency candidate (whether or not the name of the candidate is stated) census means the census of population and dwellings carried out by the department of statistics pursuant to the statistics act 1975 chief electoral officer means the chief electoral officer appointed under this act; and includes any person authorised to exercise the powers, duties, and functions of the chief electoral officer component party means, in relation to a registered political party (in this definition called the registered party) or in relation to a political party that is applying for registration (in this definition called the applicant party),— a political party that is a member of the registered party or of the applicant party; or a political party that has combined some or all of its membership with that of another political party and thereby formed the registered party or the applicant party or augmented the membership of such a party, as the case may be constituency candidate means a person who has been nominated as a candidate for a seat in the house of representatives representing an electoral district corrupt practice means any act declared by this act to be a corrupt practice corrupt practices list, in relation to any district, means the corrupt practices list made out for that district under section 100 costs includes charges and expenses crown means her majesty in respect of the government of new zealand current financial member, in relation to a political party, means a member of the party— whose membership of the party resulted from an application made by the member to join the party; and who is, under the party’s rules, subject to an obligation to pay to the party a membership fee— on becoming a member; and then at specified intervals of not more than 3 years; and who has paid to the party every membership fee that has for the time being become payable by the member in accordance with those rules district or electoral district or electorate means a general electoral district or a maori electoral district constituted under this act election means an election of a member of the house of representatives election advertisement has the meaning given to it by section 3a election expenses,— in relation to a constituency candidate, has the meaning given to it by section 205: in relation to a party that is registered under part 4, has the meaning given to it by section 206 elector, in relation to any district, means a person registered, or qualified to be registered, as an elector of that district electoral commission means the electoral commission established by section 4b electoral commissioner or commissioner means a member of the electoral commission electoral official means any person that the electoral commission employs or engages for the purpose of assisting with the performance of its functions electoral roll, in relation to any district, means, subject to sections 101 to 103, the forms of application for registration kept by the registrar of persons registered as electors of that district (including a form returned following an inquiry under section 89d) eligible political party means a political party that has at least 500 current financial members who are eligible to enrol as electors enduring power of attorney means a power of attorney described in section 95 of the protection of personal and property rights act 1988 general election means an election that takes place after the dissolution or expiration of parliament general electoral district means an electoral district other than a maori electoral district general electoral population means total ordinarily resident population as shown in the last periodical census of population and dwellings with the exception of the maori electoral population government means the government of new zealand hospital means a hospital care institution within the meaning of section 58(4) of the health and disability services (safety) act 2001 illegal practice means any act declared by this act to be an illegal practice issuing officer, in relation to a polling place, means the manager of the polling place or a person authorised, under section 158(3)(a), to issue ballot papers in the polling place list candidate means any person whose name is specified in a party list submitted to the electoral commission under section 127 main roll, in relation to any district, means, subject to section 107, the main roll printed for the district and for the time being in force manager, in relation to a polling place, means the person designated, under section 158(2), as the manager of the polling place maori means a person of the maori race of new zealand; and includes any descendant of such a person maori electoral district means an electoral district constituted under section 45 maori electoral population means a figure representing both the persons registered as electors of the maori electoral districts and a proportion of the persons of new zealand maori descent who are not registered as electors of any electoral district and a proportion of the persons of new zealand maori descent under the age of 18 years, which figure shall be fixed— by ascertaining a proportion determined by dividing— the total number of persons registered as at the close of the last day of the period specified in the last notice published under section 77(2) as electors of maori electoral districts, and persons on the dormant rolls for maori electoral districts; by the total number of persons of new zealand maori descent registered as at the close of the day referred to in subparagraph (i) as electors of either general electoral districts or maori electoral districts, and persons on the dormant rolls for maori electoral districts and general electoral districts; and by applying the proportion ascertained under paragraph (a) to the total number of ordinarily resident persons of new zealand maori descent as determined by the last periodical census medical practitioner means a health practitioner who is, or is deemed to be, registered with the medical council of new zealand continued by section 114(1)(a) of the health practitioners competence assurance act 2003 as a practitioner of the profession of medicine member of the defence force means any person resident in new zealand within the meaning of this act who is for the time being a member of the new zealand defence force constituted by section 11(1) of the defence act 1990; and includes any person so resident who is attached to, or employed by, or carries out duties of the new zealand defence force which necessitate his or her being outside new zealand mental impairment, in relation to any person, means an impairment causing a person to lack, wholly or partly, the capacity to understand the nature of any decision about registering as an elector meshblock means statistical meshblock minister means the minister of justice nomination day, in relation to any election, means the day appointed in the writ for that election as the latest day for the nomination of candidates party, in parts 6aa, 6a, and 6b,— means a political party registered under part 4; and includes a political party that at any time during the regulated period has been registered under part 4 party advertisement means an advertisement in any medium that may reasonably be regarded as encouraging or persuading voters to do either or both of the following: to vote for a party (whether or not the name of the party is stated): not to vote for a party (whether or not the name of the party is stated) party secretary or, in relation to a party, secretary means the person (whatever his or her designation or office) whose duties include responsibility for— carrying out the administration of the party; and conducting the correspondence of the party permanent resident of new zealand has the meaning assigned thereto by section 73 personation has the meaning assigned to that term by section 215 polling day, in relation to any election, means the day appointed in the writ for that election for the polling to take place if a poll is required polling place official means a person appointed, under section 158(1), as an official for a polling place prescribed means prescribed by this act or by regulations made thereunder or (for the purposes of part 8) by rules of court prison means a prison established or deemed to be established under the corrections act 2004 public inspection period means, in relation to a return filed under sections 205k, 206i, 206zc, 209, 210, 210c, 214c, and 214f, the period— beginning 3 working days after the date of receipt by the electoral commission of the duly completed return; and ending with the close of polling day for the second general election that takes place after the date of receipt by the electoral commission of the duly completed return public money has the same meaning as in the public finance act 1989 public notice or public notification means a notice printed in some newspaper circulating in the district intended to be affected by the notice public place has the same meaning as in section 2 of the summary offences act 1981 public servant— means a person employed in the service of the crown, not being honorary service; and includes a person employed in— the education service as defined in the state sector act 1988; or the cook islands public service; or the western samoan public service; and includes an electoral official; but does not include an electoral official who has been appointed as a deputy electoral commissioner or returning officer; and does not include any person to whom subsection (2) or subsection (3) applies; and does not include— any person by reason of his or her holding an office for which salary is payable under the members of parliament (remuneration and services) act 2013; or any person by reason of his or her being employed in any of her majesty’s forces except the royal new zealand navy, the regular force of the new zealand army, or the regular air force of the royal new zealand air force; or any person remunerated by fees or commission and not by wages or salary registrar, in relation to any district, means the registrar of electors appointed for that district under section 22; and includes his or her deputy registrar of births and deaths means registrar within the meaning of section 2 of the births, deaths, marriages, and relationships registration act 1995 regulated period has the meaning given to it by section 3b representative, in part 5, means,— in relation to a person who is outside new zealand, or who has a physical impairment,— a person who is a registered elector: an attorney appointed under a power of attorney: in relation to a person who has a mental impairment,— a person who is a registered elector: a welfare guardian appointed under section 12(1) of the protection of personal and property rights act 1988: an attorney appointed under an enduring power of attorney residence and to reside have the meanings assigned thereto by section 72 returning officer means an electoral official designated under section 20b; and includes a person authorised to exercise or perform the powers, duties, or functions of a returning officer roll means an electoral roll, a main roll, or a supplementary roll, as the case may be; and includes a composite roll printed under section 107 speaker means— the speaker of the house of representatives; or if the speaker of the house of representatives is (for whatever reason) unable to act, the deputy speaker of the house of representatives; or if neither the speaker of the house of representatives nor the deputy speaker of the house of representatives is (for whatever reason) able to act, an acting speaker of the house of representatives who is able to act special voter, in relation to any election, means a person qualified under this act to vote as a special voter at that election statement includes not only words but also pictures, visual images, gestures, and other methods of signifying meaning supplementary roll, in relation to any district, means a supplementary roll printed for the district and for the time being in force treating has the meaning assigned to that term by section 217 undue influence has the meaning assigned to that term by section 218 working day means any day of the week other than— saturday, sunday, good friday, easter monday, anzac day, labour day, the sovereign’s birthday, and waitangi day; and if waitangi day or anzac day falls on a saturday or a sunday, the following monday; and a day in the period commencing with 25 december in any year and ending with 15 january in the following year writ means a writ for an election issued under this act writ day, in relation to any election, means the day of the issue of the writ for that election. a reference to a numbered form is a reference to the form so numbered in schedule 2. where any person— is appointed by the crown, or the government, or any department or agency of the government to be a member of any commission, council, board, committee, or other body; or is a member of any commission, council, board, committee, or other body of which any members receive any payment out of public money,— he or she shall not by reason of that membership be deemed to be a public servant, whether or not he or she receives any travelling allowances or travelling expenses. no person shall, by reason only of being a head of mission or head of post within the meaning of the foreign affairs act 1988, be deemed to be a state servant within the meaning of section 52(1) or a public servant, whether or not that person receives any salary, allowances, or expenses. 3a. meaning of election advertisement in this act, election advertisement— means an advertisement in any medium that may reasonably be regarded as encouraging or persuading voters to do either or both of the following: to vote, or not to vote, for a type of candidate described or indicated by reference to views or positions that are, or are not, held or taken (whether or not the name of the candidate is stated): to vote, or not to vote, for a type of party described or indicated by reference to views or positions that are, or are not, held or taken (whether or not the name of the party is stated); and includes— a candidate advertisement; and a party advertisement. none of the following are election advertisements: an advertisement that— is published, or caused or permitted to be published, by the electoral commission or any other agency charged with responsibilities in relation to the conduct of any official publicity or information campaign to be conducted on behalf of the government of new zealand; and relates to electoral matters or the conduct of any general election or by-election; and contains either— a statement indicating that the advertisement has been authorised by that officer or agency; or a symbol indicating that the advertisement has been authorised by that officer or agency: contact information (as defined in subsection (3)) published in any medium by a member of parliament that satisfies all of the following requirements: the information was published by a member of parliament in the course of performing his or her role and functions as a member of parliament; and the information was prepared for publication and published by the member of parliament using funding received under vote parliamentary service; and the information was routinely published in that medium before the commencement of the regulated period and continues to be published in that medium during the regulated period; and the information is published during the regulated period no more often and to no greater extent than before the commencement of the regulated period; and the information is published during the regulated period in the same form and style as before the commencement of the regulated period; and the information is not included, combined, or associated with an election advertisement (as defined in subsection (1)), or with any other information so as to constitute an election advertisement, that is published by— the member of parliament; or the secretary of the party to which the member of parliament belongs; or any other person with the authority of the member of parliament: the editorial content of— a periodical: a radio or television programme: a publication on a news media internet site: any transmission (whether live or not) of proceedings in the house of representatives: any publication on the internet, or other electronic medium, of personal political views by an individual who does not make or receive a payment in respect of the publication of those views. in this section,— contact information, in relation to a member of parliament, means information that— periodical means a newspaper, magazine, or trade or professional journal that— was established for purposes unrelated to the conduct of election campaigns; and since its establishment has been— published at regular intervals; and generally available to members of the public. 3b. meaning of regulated period in this act, regulated period, in relation to a general election, has the meaning given to it by subsections (2) and (3). if before the close of the default day the prime minister gives public notice of the day that is to be polling day for the election, the regulated period— commences on the later of the following days: the day after the date on which the prime minister gives that public notice: the day that is 3 months before polling day; and ends with the close of the day before polling day. if at the close of the default day the prime minister has not given public notice of the day that is to be polling day for the election, the regulated period— commences on the close of the default day; and ends with the close of the day before polling day. in this act, regulated period, in relation to a by-election, means the period that— commences on the day after the notice of the vacancy to be filled by the by-election is published under section 129(1); and ends with the close of the day before polling day. in this section,— default day means the day that is 2 years and 9 months after the polling day for the preceding general election give public notice means issue a media statement. 3c. electoral commission to publish details relating to regulated period the electoral commission must, as soon as practicable after the commencement of the regulated period for a general election, publish in the gazette notice of— the date on which the regulated period commenced; and the date on which the regulated period will end. 3d. meaning of publish in this act, unless the context otherwise requires, publish, in relation to an election advertisement, means to bring to the notice of a person in any manner— including— displaying on any medium: distributing by any means: delivering to an address: leaving at a place: sending by post or otherwise: printing in a newspaper or other periodical: broadcasting by any means: disseminating by means of the internet or any other electronic medium: storing electronically in a way that is accessible to the public: incorporating in a device for use with a computer: inserting in a film or video; but excluding addressing 1 or more persons face to face. 3e. meaning of advertising expenses in this act, advertising expenses, in relation to an election advertisement— includes— the cost incurred in the preparation, design, composition, printing, postage, and publication of the advertisement; and the reasonable market value of any material used for or applied towards the advertisement, including any such material that is provided free of charge or below reasonable market value; but excludes the cost of— the conduct of any survey or public opinion poll; and any framework (other than a commercial framework) that supports a hoarding on which the advertisement is displayed; and the labour of any person that is provided free of charge by that person; and the replacement of any material used in respect of the advertisement if that advertisement has been destroyed or rendered unusable by— 1 or more persons, other than the person promoting the advertisement (person a): the occurrence of an event beyond the control of person a, or any person acting on behalf of person a. to avoid doubt, advertising expenses does not include the cost (including running costs) of any vehicle used to display an election advertisement if the use of the vehicle for that purpose is not the subject of a contract, arrangement, or understanding for the payment of money or money’s worth. in this section, vehicle has the meaning given to it by section 2(1) of the land transport act 1998. subpart 1. extraterritorial application 3f. application of act to conduct outside new zealand the provisions of part 6aa and 6a apply in respect of the publication of an election advertisement— in new zealand, in any case where the promoter of the advertisement is outside new zealand; and outside new zealand, in any case where the promoter of the advertisement is in new zealand. subsection (1) does not affect the application of the provisions of this act (other than those provisions in parts 6aa and 6a that apply in respect of the publication of an election advertisement) in respect of an offence that under any provision of the crimes act 1961 is deemed to be committed in new zealand. part 1. electoral commission 4. electoral commission [repealed] 4a. crown entities act 2004 to apply [repealed] 4b. electoral commission this section establishes the electoral commission. the electoral commission is a crown entity for the purposes of section 7 of the crown entities act 2004. the crown entities act 2004 applies to the electoral commission except to the extent that this act expressly provides otherwise. the electoral commission established by subsection (1) is not the same body as the electoral commission established by section 4. 4c. objective the objective of the electoral commission is to administer the electoral system impartially, efficiently, effectively, and in a way that— facilitates participation in parliamentary democracy; and promotes understanding of the electoral system and associated matters; and maintains confidence in the administration of the electoral system. 4d. membership of electoral commission the governor-general, on the recommendation of the house of representatives, must appoint 3 members of the electoral commission as follows: 1 member as the chief electoral officer; and 1 member as the chairperson; and 1 member as the deputy chairperson. the member appointed as the chief electoral officer under subsection (1)(a) is the chief executive of the electoral commission. the members of the electoral commission are the board for the purposes of the crown entities act 2004. subsection (1) applies despite— section 28(1)(b) of the crown entities act 2004; and clause 1(2) of schedule 5 of the crown entities act 2004. 4e. appointment of judge as member not to affect tenure, etc the appointment of a judge as a member of the board of the electoral commission does not affect the judge’s tenure of his or her judicial office or the judge’s rank, title, status, precedence, salary, annual or other allowances, or other rights or privileges as a judge (including those in relation to superannuation) and, for all purposes, the judge’s services as a member must be taken to be service as a judge. 4f. resignation of member a member of the electoral commission may resign from office by written notice to the governor-general (with a copy to the electoral commission) signed by the member. the resignation is effective when the governor-general receives the notice or at any later time specified in the notice. this section applies despite section 44 of the crown entities act 2004. 4g. power to remove or suspend members section 42 of the crown entities act 2004 applies to any member of the electoral commission who is a judge. section 39(1) of the crown entities act 2004 does not apply to any member. instead, any member who is not a judge may be removed for just cause by the governor-general acting upon an address from the house of representatives. just cause has the same meaning as in section 40 of the crown entities act 2004. 4h. filling of vacancy if a vacancy occurs in the membership of the electoral commission, the governor-general, on the recommendation of the house of representatives, may appoint a successor. despite subsection (1), if the vacancy exists at the close of a session, or the vacancy occurs while parliament is not in session, and the house of representatives has not recommended an appointment to fill the vacancy, the governor-general in council may appoint a successor at any time before the commencement of the next session of parliament. an appointment made under subsection (2) lapses, and the office again becomes vacant, unless the appointment is confirmed by the house of representatives before the end of the 24th sitting day following the date of the appointment. 4i. deputy electoral commissioners the electoral commission may, by written notice, appoint an electoral official to be the deputy for an electoral commissioner. the persons described in section 30(2) of the crown entities act 2004 are disqualified from being appointed as deputy electoral commissioners. the notice of appointment must— state the date on which the appointment takes effect, which must not be earlier than the date on which the notice is received; and state the term of the appointment; and be published by the electoral commission in the gazette as soon as practicable after the appointment is made. if an electoral commissioner becomes incapable of performing his or her functions or duties or exercising his or her powers by reason of illness, absence, or other sufficient cause, the functions, duties, and powers of that electoral commissioner may be performed and exercised by his or her deputy. despite subsection (4), a deputy electoral commissioner— must not act as chairperson or deputy chairperson of the board of the electoral commission; and is not eligible to be appointed by the board of the electoral commission as a temporary deputy chairperson under clause 5 of schedule 5 of the crown entities act 2004. the electoral commission may, at any time, revoke the appointment of any deputy. a deputy electoral commissioner is a public servant for the purposes of sections 28(2)(f) and 80(3)(a)(i). [repealed] 4j. proceedings of electoral commission the provisions of schedule 1 apply to the electoral commission and to its proceedings. 5. functions the functions of the electoral commission are to— carry the provisions of this act into effect: carry out duties in relation to parliamentary election programmes that are prescribed by part 6 of the broadcasting act 1989: promote public awareness of electoral matters by means of the conduct of education and information programmes or by other means: consider and report to the minister or to the house of representatives on electoral matters referred to the electoral commission by the minister or the house of representatives: make available information to assist parties, candidates, and others to meet their statutory obligations in respect of electoral matters administered by the electoral commission: carry out any other functions or duties conferred on the electoral commission by or under any other enactment. 6. powers of electoral commission the electoral commission may, if it considers that it is necessary for the proper discharge of its functions,— initiate, sponsor, and carry out any studies or research: make any inquiries: consult with any persons or classes of persons: publicise, in any manner that it thinks fit, any parts of its work: provide information and advice on any matter— to the minister for the minister’s consideration: to the minister for presentation to the house of representatives: request advice, assistance, and information from any government department or any state enterprise as defined in section 2 of the state-owned enterprises act 1986. subsection (1) does not limit sections 16 and 17 of the crown entities act 2004. if the electoral commission provides any information or advice to the minister under subsection (1)(e)(ii), the minister must present the information or advice to the house of representatives within 5 working days after receiving it or, if parliament is not in session, as soon as possible after the commencement of the next session of parliament. 7. independence the electoral commission must act independently in performing its statutory functions and duties, and exercising its statutory powers, under— this act; and any other enactment that expressly provides for the functions, duties, or powers of the electoral commission (other than the crown entities act 2004). 8. electoral commission must report on general election the electoral commission must, within 6 months of the return of the writ after a general election, report in writing to the minister on the administration of that election, including— the services provided to electors to facilitate voting; and enrolment and voting statistics; and any substantive issue arising during the course of the election; and any changes that are necessary or desirable in respect of— administration processes or practices; or this act or any other law; and any matter that the minister of justice asks the electoral commission to address; and any other matter that the electoral commission considers relevant. the minister must present any report received under subsection (1) to the house of representatives within 5 working days after receiving it or, if parliament is not in session, as soon as possible after the commencement of the next session of parliament. the electoral commission must publish any report made under subsection (1) as soon as practicable after it has been presented to the house of representatives, but in any case not later than 10 working days after the report is received by the minister. 9. electoral commission may delegate functions or powers to electoral officials engaged by commission the electoral commission’s board may under section 73 of the crown entities act 2004 delegate any of the commission’s functions or powers, either generally or specifically, not only to any person or persons listed in section 73(1) of the crown entities act 2004, but also to any electoral official who is engaged (rather than employed) by the commission. the functions or powers delegated may (without limitation) be or include either or both of the following: the commission’s power under section 73 of the crown entities act 2004 to delegate particular functions or powers of the commission: all or any of the commission’s functions or powers that relate to registration of electors. the electoral official may (without limiting the definition of that term in section 3(1)) be a person of one of the following kinds that the electoral commission engages for the purpose of assisting with the performance of its functions: a body corporate: an individual who holds an office in, or is employed by, a body corporate. for the purposes of this section, the commission’s functions or powers that relate to registration of electors include, without limitation, its functions or powers under (or under any regulations under) part 5 of this act, and also its functions or powers under (or under any regulations under) the following acts: bay of plenty regional council (maori constituency empowering) act 2001: citizens initiated referenda act 1993: energy companies act 1992: juries act 1981: local electoral act 2001: referenda (postal voting) act 2000. the provisions of the crown entities act 2004, including in particular sections 74 (powers of delegate), 75 (effect of delegation), and 76 (revocations), apply in respect of a delegation by virtue of this section to any electoral official who is engaged (rather than employed) by the electoral commission as if it were a delegation under section 73 of the crown entities act 2004 to any person or persons listed in section 73(1) of the crown entities act 2004. 9a. ownership of intellectual property developed by delegates of functions or powers any intellectual property of any kind in, or in respect of, any matter or thing belongs to the crown if it is devised or developed (entirely or mainly) after 30 june 2012 by or on behalf of an electoral official to whom or to which all or any of the commission’s functions or powers that relate to registration of electors have been delegated under section 73 of the crown entities act 2004 (alone, or in conjunction with section 9 of this act) and— in the exercise or performance by or on behalf of that official of those delegated functions or powers; or entirely or mainly by or through the use of public money appropriated by parliament to facilitate the exercise or performance of those delegated functions or powers. however, the crown acting by and through the minister of finance may grant to any person a licence in respect of, or transfer to any person all or any ownership of, all or any of that intellectual property. this section applies despite any contrary instrument or law. 10. term of office [repealed] 11. vacation of office of additional members who hold office for purposes of jurisdiction under part 6 of broadcasting act 1989 [repealed] 11a. appointment of deputies [repealed] 11b. status of deputies [repealed] 11c. protection from civil liability [repealed] 12. delegation of commission’s powers [repealed] 13. procedure [repealed] 14. proceedings of electoral commission [repealed] 15. annual report [repealed] part 2. officers 16. clerk of the writs [repealed] 17. deputy clerk of the writs [repealed] 18. chief electoral officer [repealed] 19. deputy chief electoral officer [repealed] 20. electoral officials [repealed] 20a. electoral officials under direction of electoral commission the electoral commission may give oral or written directions to all or any electoral officials. every electoral official must exercise or perform his or her powers, duties, and functions in accordance with any directions given by the electoral commission. 20b. designation of returning officers for every election to be held in a district, the electoral commission must, by notice in writing, designate an electoral official as the returning officer for the district. a returning officer is a public servant for the purposes of sections 28(2)(f) and 80(3)(a)(i). 20c. returning officers may delegate functions, duties, or powers a returning officer may delegate any of his or her functions, duties, or powers, except this power of delegation, to another electoral official. 20ca. powers of delegate an electoral official to whom any functions, duties, or powers of a returning officer are delegated may, unless the delegation provides otherwise, perform the function or duty or exercise the power in the same manner, subject to the same restrictions, and with the same effect as if the electoral official were the returning officer. an electoral official who purports to perform a function or duty or exercise a power under a delegation from a returning officer is, in the absence of proof to the contrary, presumed to do so in accordance with the terms of that delegation. 20cb. effect of delegation on returning officer no delegation under section 20c— affects or prevents the performance of any function or duty or the exercise of any power by the returning officer; or affects the responsibility of the returning officer for the actions of any electoral official acting under the delegation; or is affected by any change in the person appointed as returning officer. 20cc. revocation of delegations a delegation under section 20c may be revoked at will by— the returning officer by written notice to the electoral official; or any other method provided for in the delegation. 20d. state sector agencies to assist with administration of elections the electoral commission may seek assistance from any state sector agency in order to facilitate the effective administration of elections. any agency approached by the electoral commission for assistance must have regard to the public interest in a whole-of government approach to support the effective administration of elections in considering the assistance it can provide. any assistance that a state sector agency provides must be provided in a manner that is consistent with the statutory framework establishing that agency. for the purposes of this section, a state sector agency means any part of the state services as defined in section 2 of the state sector act 1988, any crown entity within the meaning of section 7 of the crown entities act 2004, and any state enterprise within the meaning of the state-owned enterprises act 1986. 21. chief registrar of electors [repealed] 22. registrar of electors each electoral district must have a registrar of electors to be appointed by the electoral commission. every registrar— must be an individual who is an electoral official (as defined in section 3(1)); and may, but need not, hold an office in, or be an employee of, a body corporate to which all or any of the commission’s functions or powers that relate to registration of electors have been delegated; and must, subject to subsection (3), be stationed at an office within the electoral district of which he or she is registrar. the electoral commission may appoint as the registrar for an electoral district a person stationed at an office occupied by the electoral commission, by the electoral official, or by the body corporate in or by which the electoral official holds an office or is employed, and in an adjoining electoral district if, in the electoral commission’s opinion,— there is in the electoral district no suitable office occupied by the electoral commission, the electoral official, or that body corporate; or an officer more suitable for appointment is stationed at an office occupied by the electoral commission, the electoral official, or that body corporate in an adjoining district; or making the appointment is, for 1 or more other reasons, in the public interest. a district is, for the purposes of subsection (3), an adjoining district for another district if the boundaries of both districts— are wholly or partly shared; or are separated by no more than 2 intermediate districts. the registrar must, under the electoral commission’s direction,— compile and keep, as required by this act, the electoral roll for the registrar’s electoral district; and carry out the functions and duties conferred and imposed on the registrar by or under this act. the electoral commission may from time to time appoint to be the deputy registrar for any electoral district an individual who— is an electoral official (as defined in section 3(1)); and may, but need not, hold an office in, or be an employee of, a body corporate to which all or any of the commission’s functions or powers that relate to registration of electors have been delegated. the deputy registrar has and may carry out (exercise or perform), subject to the control of the registrar for that electoral district, all of that registrar’s powers, functions, and duties. neither the registrar nor his or her deputy may hold any official position in any political organisation. the powers conferred on the electoral commission by subsections (1) and (6) include the power to appoint a registrar or a deputy registrar for a named electoral district— that is not yet in being; or in respect of which a roll has not been compiled. all appointments made under section 22 as repealed on 1 july 2012 by section 31 of the electoral (administration) act 2011 and in force at the close of 30 june 2012 continue on and after 1 july 2012, and may be amended, revoked, or revoked and replaced, as if they had been made under this section. 23. appropriation of expenses of new zealand post limited [repealed] 24. employees appointed by chief electoral officer [repealed] 25. general provision as to returning officers no returning officer shall hold any official position in any political organisation. 26. returning officer to make declaration every returning officer shall, before entering on the duties of his or her office, make a declaration in form 1. part 3. the house of representatives 27. members of parliament the house of representatives shall have as its members those persons who are elected from time to time in accordance with the provisions of the electoral act 1956 or this act, and who shall be known as members of parliament. subpart 1. representation commission 28. representation commission in order to provide for the periodical readjustment of the representation of the people of new zealand in the house of representatives, there shall be a commission to be known as the representation commission. the commission shall consist of— the surveyor-general: the government statistician: the chief electoral officer: the chairperson of the local government commission: 2 persons (not being public servants directly concerned with the administration of this act or members of the house of representatives), who shall be appointed by the governor-general by order in council, on the nomination of the house of representatives, as members of the commission, 1 of those members being nominated to represent the government and 1 to represent the opposition: 1 person (not being a public servant directly concerned with the administration of this act or a member of the house of representatives), who shall be appointed as a member of the commission by the governor-general by order in council, on the nomination of the members of the commission who hold office under paragraph (a) or paragraph (b) or paragraph (c) or paragraph (e), or a majority of them, to be the chairperson of the commission. for the purposes of determining the boundaries of the maori electoral districts, the commission shall consist not only of the members specified in subsection (2) but also of— the chief executive of te puni kokiri: 2 persons (not being public servants directly concerned with the administration of this act or members of the house of representatives), who shall be appointed by the governor-general by order in council on the nomination of the house of representatives as members of the commission, 1 of those members being nominated to represent the government and 1 to represent the opposition. each of the persons appointed under subsection (3)(b) shall be a maori. notwithstanding subsection (2)(d), the chairperson of the local government commission shall not be entitled to vote on any matter before the commission, and shall not be regarded as a member of the commission for the purpose of forming part of a quorum pursuant to section 43(1). 29. term of office the chairperson and every member of the commission who holds office under section 28(2)(e) or section 28(3)(b), unless he or she sooner ceases to be a member as provided in section 30, shall cease to be a member on the date on which the first periodical census of population is taken after the date of his or her appointment. 30. extraordinary vacancies the chairperson or any member of the commission who holds office under section 28(2)(e) or section 28(3)(b) may resign his or her appointment by writing addressed to the governor-general, in which case, or in case of any such member being convicted of an offence punishable by imprisonment for life or by 2 or more years’ imprisonment, or of his or her refusing to act, or of his or her death or mental or physical incapacity, or of his or her absence from new zealand when his or her services are required, the governor-general may, by order in council, appoint another person in his or her stead on the same nomination as in the case of the original appointment: provided that, if parliament is not in session at the time, an appointment of a member to represent the government or the opposition may be made on the nomination of the prime minister or of the leader of the opposition, as the case may be. 31. remuneration and travelling allowances there shall be paid out of money appropriated by parliament for the purpose to the chairperson and each member of the commission who holds office under section 28(2)(e) or section 28(3)(b) remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the fees and travelling allowances act 1951, and the provisions of that act shall apply accordingly, and the commission shall be a statutory board for the purposes of that act. 32. deputies of appointed members in this section appointed member means a member of the commission appointed under section 28(2)(e) or section 28(2)(f) or section 28(3)(b). any appointed member may from time to time, by writing under his or her hand, appoint any person to be the deputy of that appointed member. no person other than a maori shall be appointed under this section as the deputy of a member of the commission appointed under section 28(3)(b). the deputy of any appointed member may exercise the powers conferred on that appointed member by this act during any period when that appointed member is incapacitated by illness, absence from new zealand, or other sufficient cause from performing the duties of his or her office. the deputy of the appointed member who holds office as the chairperson of the commission shall, in addition, have authority to act as chairperson of the commission during any period when the chairperson of the commission is incapacitated by illness, absence from new zealand, or other sufficient cause from performing the duties of his or her office. every deputy appointed under this section shall hold office during the pleasure of the appointed member by which that deputy was appointed. no act done by any deputy appointed under this section in that capacity, and no act done by the commission while any such deputy is so acting, shall in any proceedings be questioned on the ground that the occasion for so acting had not arisen or had ceased. 33. deputies of ex officio members where the chairperson of the local government commission is unable or likely to be unable to perform his or her duties as a member of the representation commission because of illness, absence, or any other reason, and it appears to the minister of local government that the inability to perform the duties is likely to continue for a period of more than 14 days, the minister of local government may appoint a deputy (who shall be another member of the local government commission) to perform all the functions, duties, and powers of the chairperson of the local government commission in his or her capacity as a member of the representation commission. the deputy surveyor-general appointed pursuant to section 8 of the survey act 1986 shall have and may exercise, subject to the control of the surveyor-general, all the functions, duties, and powers of the surveyor-general in his or her capacity as a member of the commission. any deputy government statistician appointed pursuant to section 17 of the statistics act 1975 shall have and may exercise, subject to the control of the government statistician, all the functions, duties, and powers of the government statistician in his or her capacity as a member of the commission. the deputy electoral commissioner appointed under section 4i as the deputy for the chief electoral officer has and may exercise, subject to the control of the chief electoral officer, all the functions, duties, and powers of the chief electoral officer in his or her capacity as a member of the commission. where the chief executive who holds office under section 28(3)(a) as a member of the commission is unable or likely to be unable to perform his or her duties as such a member because of illness, absence, or any other reason, or where there is a vacancy in the position of that chief executive, that chief executive or any acting chief executive acting under section 40(1) of the state sector act 1988 may appoint a deputy nominated by the chief executive to perform all the functions, duties, and powers of the chief executive in his or her capacity as a member of the representation commission. every deputy appointed under subsection (1) or subsection (5) shall hold office during the pleasure of the person by which that deputy was appointed. no act done by any deputy to which this section applies and no act done by the commission while any such deputy is so acting, shall in any proceedings be questioned on the ground that the occasion for so acting had not arisen or had ceased. nothing in section 41(1) of the state sector act 1988 authorises a chief executive or acting chief executive or deputy of a chief executive to delegate to any other person any of the functions, duties, or powers of the chief executive or acting chief executive or deputy of the chief executive in his or her capacity as a member of the representation commission. 34. submissions any political party to which a member of parliament belongs and any independent member of parliament and any political party whose candidates have, at the immediately preceding general election, obtained 5% or more of the valid votes cast by electors at that general election may make submissions to the commission in relation to the matters to be considered by the commission under section 35(3) or section 45(6). 35. division of new zealand into general electoral districts it shall be the duty of the commission to divide new zealand into general electoral districts from time to time in accordance with this section and section 269. the commission— shall effect the first division under subsection (1) as soon as practicable after the commencement of this section; and shall, in accordance with section 77(5), effect the second division under subsection (1) after the census taken in the year 1996; and shall effect such subsequent division under subsection (1) only after each subsequent periodical census and on no other occasion. subject to section 269, each division effected under subsection (1) shall be effected on the following basis: the south island shall be divided into 16 general electoral districts: the general electoral population of the south island shall be divided by 16, and the quotient so obtained shall be the quota for the south island: the general electoral population of the north island shall be divided by the quota for the south island, and the quotient so obtained shall be the number of general electoral districts in the north island. where that quotient includes a fraction, the fraction shall be disregarded unless it exceeds a half, in which case the number of such general electoral districts shall be the whole number next above that quotient: the quota for the north island shall be ascertained by dividing the general electoral population of that island by the number of general electoral districts in that island, as ascertained under paragraph (c): the extent of each general electoral district in each island shall be such that, at the time of making the division, the general electoral population of the general electoral district shall, subject to the provisions of paragraphs (f) and (g) and to the provisions of section 36 as to the allowance, be equal to the quota for that island: in forming the several general electoral districts, due consideration shall be given to— the existing boundaries of general electoral districts; and community of interest; and facilities of communications; and topographical features; and any projected variation in the general electoral population of those districts during their life: no general electoral district shall be situated partially in the north island and partially in the south island. as soon as possible after each periodical census, the surveyor-general shall call a meeting of the members of the commission who hold office under any of the provisions of paragraphs (a) to (e) of section 28(2) for the purpose of nominating a chairperson of the commission. as soon as possible after each periodical census and each period specified in a notice published under section 77(2), the electoral commission shall supply the government statistician with the information that the electoral commission is required to supply to the government statistician under section 77(6). when the government statistician— has the results of the census; and has been supplied by the electoral commission with the information that the electoral commission is required, under section 77(6), to supply to the government statistician as soon as practicable after the last day of the period specified in the notice published under section 77(2),— the government statistician shall thereupon report the results of the census and his or her calculation of the maori electoral population as at the close of the last day of that period to the surveyor-general and to the other members of the commission. upon receipt of the report of the government statistician, the surveyor-general shall prepare maps showing the distribution of the population and provisional boundaries for the electoral districts, and shall then call a meeting of the commission. the report so made by the government statistician, and the maps so prepared by the surveyor-general, shall be sufficient evidence as to the general electoral population of new zealand or of the north island or of the south island or of any district. 36. allowance for adjustment of quota where, in the opinion of the commission, general electoral districts cannot be formed consistently with the considerations provided for in section 35 so as to contain exactly the quota, the commission may for any general electoral district make an allowance by way of addition or subtraction of general electoral population to an extent not exceeding 5%. 37. classification of electoral districts for purposes of pay or allowances the representation commission, if it is informed by the remuneration authority that it requires the districts to be classified for the purposes of determining salaries or allowances or both under the remuneration authority act 1977, shall classify those districts in accordance with the categories given to it by the remuneration authority. 38. notice of proposed boundaries and classification when the commission proposes to make a division under section 35 or section 45, it shall publish in the gazette a notice— stating places at which the public may inspect, without charge,— the names, and a description of the boundaries, of the proposed districts; and any classification of the proposed districts that is required for the purposes of the remuneration authority act 1977; and a summary, in respect of each proposed district, of the reasons why the boundaries described are being proposed; and stating the last date on which the commission will receive written objections to the proposed boundaries or any of them and to the proposed names or any of them and to the proposed classification (if any) (which date shall be not less than 1 month after the date of the publication of the notice in the gazette). the boundaries fixed by the commission in respect of the proposed districts shall be defined by the commission by the use of such words, maps, and graphic means as are sufficient to define those proposed boundaries accurately. the places stated pursuant to subsection (1)(a) shall include the office of each registrar of electors. any failure to comply with subsection (1)(a)(iii) shall not of itself invalidate any decision or proceedings of the commission. where any objections are received under subsection (1)(b), the commission shall publish in the gazette a notice— containing a summary of the objections; and stating a place or places at which the objections are available for public inspection; and stating the last date on which the commission will receive written counter-objections to those objections or any of them (which date shall not be less than 2 weeks after the date of the publication of the notice in the gazette). the commission shall, before coming to a final determination, duly consider any objections lodged under subsection (1)(b) and any counter-objections lodged under subsection (4). 39. communications to officials when, after the gazetting, pursuant to section 38, of a notice stating places (which shall include the office of each registrar of electors) at which the public may inspect, without charge, a description of the boundaries of the proposed districts, the commission makes a determination relating to the boundaries of any district, the surveyor-general must communicate the details of that determination to the electoral commission and such other entities or persons directly concerned with the administration of this act as have been specified by the representation commission by name or by position or by the functions they perform. any entity or person to whom information is communicated pursuant to subsection (1) shall use that information only for the purposes of this act. 40. report of commission the commission shall, in every case within 6 months after the date of the meeting of the commission called pursuant to section 35(7) or, in the case of the meeting called pursuant to section 269(4), within 8 months after the date of that meeting,— report to the governor-general the names and boundaries of the electoral districts fixed by the commission; and publish in the gazette a notice— stating that the commission has fixed the names and boundaries of the electoral districts; and stating that the names and boundaries of the electoral districts fixed by the commission are available for public inspection; and stating places at which copies of the names and boundaries fixed by the commission are available for public inspection without charge (which places shall include the office of each registrar of electors). the boundaries of the electoral districts fixed by the commission shall be defined by the commission by the use of such words, maps, and graphic means as are sufficient to define those boundaries accurately. from the date of the gazetting of the notice required by subsection (1)(b), the electoral districts fixed by the report shall be the electoral districts of new zealand for the purpose of the election of members of parliament after the dissolution or expiration of the then existing parliament, and shall so continue until the next report of the commission takes effect as a result of the publication in the gazette of the notice required by subsection (1)(b) in respect of that report. 41. report and maps to be laid before house of representatives a copy of every report of the commission, together with properly authenticated maps of the electoral districts fixed by the report, shall be presented by the governor-general to the house of representatives within 3 sitting days after the date of the receipt thereof if parliament is then in session, and, if not, then within 3 sitting days after the date of the commencement of the next ensuing session. the minister shall, forthwith after every report of the commission is presented to the governor-general, cause to be deposited in the office of the clerk of the house of representatives properly authenticated maps of the electoral districts fixed by the report. 42. indexes of streets and places the surveyor-general— shall, as soon as practicable after the gazetting of a notice under section 40(1)(b), compile, in respect of each electoral district, an index of streets and places within that district; and shall compile from time to time, a comprehensive index which shall contain the names of all streets and places in new zealand and which shall show the electoral district or electoral districts in which each street or place is to be found. at the office of each registrar and at such other convenient places within each district as the minister from time to time directs, there shall be kept, for inspection by the public,— a copy of the index compiled in respect of that district under subsection (1)(a); and a copy of the index compiled under subsection (1)(b). copies of each index compiled under subsection (1)(a) shall be sold by the department within the meaning of section 2 of the survey act 1986. copies of each index compiled under subsection (1)(b) in respect of an electoral district shall be sold at every office of the department within the meaning of section 2 of the survey act 1986 and at such other convenient places as the electoral commission from time to time directs. 43. proceedings of commission any 4 members of the commission, of whom 2 are the members holding office under section 28(2)(e), shall be a quorum, and may exercise all functions vested in the commission. the commission may make such rules for the conduct of its business, not inconsistent with the provisions of this act, as it thinks fit. 44. commissioner not eligible as member of house of representatives no member of the commission shall, within 2 years after he or she ceases to be a member, be capable of being elected to be a member of the house of representatives. subpart 2. maori representation 45. maori representation it shall be the duty of the commission, for the purpose of the representation of the maori people in the house of representatives, to divide new zealand into maori electoral districts from time to time in accordance with this section and section 269. the commission— shall effect the first division under subsection (1) as soon as practicable after the commencement of this section; and shall, in accordance with section 77(5), effect the second division under subsection (1) after the census taken in the year 1996; and shall effect each subsequent division under subsection (1) only after each subsequent periodical census and on no other occasion. subject to section 269, each division effected under subsection (1) shall be effected on the following basis: the maori electoral population of new zealand shall be divided by the quota for general electoral districts in the south island determined pursuant to section 35(3)(b), and the quotient so obtained shall be the number of maori electoral districts: where the quotient includes a fraction, the fraction shall be disregarded unless it exceeds a half, in which case the number of maori electoral districts shall be the next whole number above the quotient: subject to subsection (7), the maori electoral districts shall each contain an equal number of members of the maori electoral population. upon receipt of the report of the government statistician under section 35(6), the surveyor-general shall prepare maps showing the distribution of the maori electoral population and provisional boundaries for the maori electoral districts. the report so made by the government statistician and the maps so prepared by the surveyor-general shall be sufficient evidence as to the maori electoral population. in dividing the maori electoral population equally between the maori electoral districts, due consideration shall be given to— the existing boundaries of the maori electoral districts; and community of interest among the maori people generally and members of maori tribes; and facilities of communications; and topographical features; and any projected variation in the maori electoral population of those districts during their life. where, in the opinion of the commission, the maori electoral population cannot, consistently with the considerations provided for in subsection (6), be divided equally between the maori electoral districts, the commission may for any district make an allowance by way of addition or subtraction of maori electoral population to an extent not exceeding 5%. due notice of the issuing of the proposed names and boundaries of the maori electoral districts shall be given in the gazette and section 38, with all necessary modifications, shall apply accordingly. the commission shall, in every case within 6 months after the date of the meeting of the commission called pursuant to section 35(7) or, in the case of the meeting called pursuant to section 269(4), within 8 months after the date of that meeting,— report to the governor-general the names and boundaries of the maori electoral districts fixed by the commission; and publish in the gazette a notice— stating that the commission has fixed the names and boundaries of the maori electoral districts; and stating that the names and boundaries of the maori electoral districts fixed by the commission are available for public inspection; and stating places at which copies of the names and boundaries fixed by the commission are available for public inspection without charge (which places shall include the office of each registrar of electors). the boundaries fixed by the commission in respect of the maori electoral districts shall be defined by the commission by the use of such words, maps, and graphic means as are sufficient to define those boundaries accurately. from the date of the gazetting of the notice required by subsection (9)(b), the boundaries of the maori electoral districts as fixed by the report shall be the boundaries of the maori electoral districts for the purpose of the election of members of parliament for those districts after the dissolution or expiration of the then existing parliament, and shall so continue until the next report of the commission takes effect as a result of the publication in the gazette of that notice required by subsection (9)(b) in respect of that report. notwithstanding the foregoing provisions of this section or of any other provision of this act,— if on the application of paragraphs (a) and (b) of subsection (3) a quotient is obtained that does not require the division of new zealand into a maori electoral district or districts, new zealand shall not be divided into a maori electoral district or districts and the other provisions of this act shall, so far as they are applicable, apply with any necessary modifications; and if on the application of paragraphs (a) and (b) of subsection (3) a quotient is obtained that requires the division of new zealand into 1 maori electoral district, the foregoing provisions of this section and the other provisions of this act shall, so far as they are applicable, apply with any necessary modifications. subpart 3. chatham islands 46. electoral districts for and polling in chatham islands the area comprised in the chatham islands shall be included in such general electoral district and maori electoral district as the representation commission thinks fit, after giving due consideration to the matters contained in sections 35(3)(f) and 45(6). for the purposes of sections 35, 45, and 269, the general electoral population and maori electoral population of the chatham islands shall be treated— as part of the general electoral population and maori electoral population of new zealand; and as part of the general electoral population or maori electoral population, as the case may require, of the general electoral district or maori electoral district within which the chatham islands are included; and in the case of the general electoral population, as part of the general electoral population of the south island and, in the case of the maori electoral population, as part of the maori electoral population of the north island. in any case where the commission has determined the number of general electoral districts in both the north island and the south island, and has, in doing so, applied the provisions of subsection (2)(c),— the commission shall not be precluded from including the chatham islands in a general electoral district or maori electoral district, as the case may require, that is located, either in whole or in part, in a different island to that in which the general electoral population or the maori electoral population of the chatham islands has been included pursuant to subsection (2)(c); and the commission shall not, by reason of the application of paragraph (a), reconsider its determination of the number of general electoral districts in either the north island or the south island. subpart 4. qualifications of candidates and members 47. registered electors may be members, unless disqualified subject to the provisions of this act, every person who is registered as an elector of an electoral district, but no other person, is qualified to be a candidate and to be elected a member of parliament, whether for that electoral district, any other electoral district or as a consequence of the inclusion of that person’s name in a party list submitted pursuant to section 127. notwithstanding anything in subsection (1), if a person is disqualified for registration as an elector, that person shall not be qualified to be a candidate or to be elected. regardless of anything in subsection (1), a person is not qualified to be a candidate or to be elected unless he or she is a new zealand citizen. 47a. certain persons disqualified from candidacy the following persons are not qualified to be a candidate or to be elected as a member of parliament: an electoral commissioner: a deputy electoral commissioner: a returning officer. 48. offence for public servant or returning officer to sit every member of parliament who sits or votes therein after his or her seat has become vacant by reason of that member having become a public servant or having been appointed as a returning officer, knowing that his or her seat is so vacant, shall be liable on conviction to a fine not exceeding $400. 49. candidate not disqualified if name removed from roll without cause this section applies to a person— who is qualified to be registered as an elector of an electoral district; and whose name was entered on the electoral roll for that district; but whose name has been subsequently removed from that electoral roll through no fault or failure of that person. a person is not, by reason only of his or her name having been removed from an electoral roll, disqualified from becoming a candidate and being elected as a member of parliament. however, a person who consents to his or her nomination as a candidate must make a statutory declaration declaring that— he or she is qualified to be registered as an elector of the electoral district in respect of which he or she was previously registered; and his or her name was removed from the electoral roll for that district through no fault or failure of his or her own. a person nominated as a candidate must, when giving his or her consent to the nomination, send the statutory declaration to— the returning officer, if the person was nominated as a constituency candidate by registered electors under section 143; or the party secretary, if the person is to be nominated as— a constituency candidate by the party secretary under section 146d; or a list candidate. 50. effect of registration on wrong roll the nomination of any person as a candidate for election, or his or her election as a member of parliament, shall not be questioned on the ground that, though entitled to be registered as an elector of any district, that person was not in fact registered as an elector of that district but was registered as an elector of some other district. 51. member ceasing to be elector a member of parliament ceasing to be registered as an elector shall not from that cause only be disqualified from sitting as a member. 52. candidacy and election of state servants in this section, the term state servant— means— a public servant; and any other person whose conditions of employment are prescribed under, or are required by any enactment to be prescribed in accordance with or having regard to provisions of, the state sector act 1988; and includes employees of the new zealand police. any state servant who desires to become a candidate for election as a member of parliament shall be placed on leave of absence for the purposes of his or her candidature. subject to subsection (4), the period of leave shall commence on nomination day, and, in the event of his or her nomination as a constituency candidate or of the inclusion of his or her name in a list submitted under section 127, shall continue until the first working day after polling day, unless, in any case where he or she is a constituency candidate, he or she withdraws his or her nomination. where the employer of any state servant is satisfied that the state servant desires to become a candidate and that the candidacy will materially affect the ability of that state servant— to carry out satisfactorily his or her duties as a state servant; or to be seen as independent in relation to particular duties,— the period of leave shall, if the employer so determines after consultation with the state servant, commence before nomination day on a day appointed by the employer. during the period of his or her leave, the state servant shall not be required or permitted to carry out any of his or her official duties, nor shall he or she be entitled to receive any salary or other remuneration as a state servant in respect of that period or any part thereof, except to the extent to which he or she takes during that period any leave with pay to which he or she is entitled: provided that a candidate who, at the time of his or her nomination or of the inclusion of his or her name in a list submitted under section 127, is a member of the staff of a university or a university college or a technical institute or a community college or a teachers college may continue to teach or supervise the studies of students at that university or university college or technical institute or community college or teachers college who are preparing for an examination and may engage in marking the examination papers of such students, and may receive remuneration in respect of such teaching, supervision, and marking. except as provided in the foregoing provisions of this section, a candidate’s rights as a state servant shall not be affected by his or her candidature. 53. members disqualified from being state servants in this section, the term state servant has the meaning given to it by section 52(1). if any state servant is elected as a member of parliament, he or she shall forthwith on being declared so elected, be deemed, subject to subsections (3) to (6), to have vacated his or her office as a state servant. where a person who has been declared elected as the result of a poll is not the person declared elected on an amended declaration of the result of that poll or where, at the conclusion of the trial of an election petition, the high court or court of appeal determines that the person whose election or return was complained of was not duly elected or returned or that the election at which that person was elected or returned was void, that person,— if he or she was a state servant when he or she was declared to be elected; and if by written election, given to his or her former employer within 1 month after the amended declaration or the determination of the high court or court of appeal, he or she elects to be reinstated in his or her former office as a state servant,— he or she shall, on the date on which his or her election is so given to his or her employer, be deemed, subject to subsections (4) to (6), to have been reinstated in his or her office as a state servant. nothing in this section shall entitle any person who is reinstated in office as a state servant to receive any salary or other remuneration as a state servant in respect of the period or any part of the period beginning on the day after the date on which he or she vacated office under subsection (2) and ending with the day before the date on which he or she resumed office under subsection (3). where the position that the person held at the date on which he or she vacated office has been filled or where that position no longer exists, that person shall, on his or her reinstatement, be employed, where practicable and at the discretion of his or her employer, in a position that involves duties and responsibilities which are the same or substantially the same as those of the position held at the time of vacation of office. subject to subsection (4), where a person is reinstated in office under this section,— his or her service, for the purpose of any rights and benefits that are conditional on unbroken service, shall not be broken by the period of vacation of office; and the period of vacation of office shall count— as time served under his or her contract of employment; and subject to payment of his or her contributions, as service for the purpose of any superannuation scheme to which he or she belongs in his or her capacity as a state servant. subpart 5. term of office of member of parliament 54. term of office of member of parliament where an election is held for any electoral district, the person whose name is endorsed on the writ issued for the election as the person declared to be elected shall, subject to this act,— come into office as the member of parliament for that electoral district on the day after the day of the return of that writ; and vacate that office at the close of polling day at the next general election. where any person whose name is entered on a party list submitted pursuant to section 127, is declared by the electoral commission to be elected as a member of parliament, the person shall, subject to this act,— come into office on the date after the date of the return made by the electoral commission pursuant to section 193; and vacate that office at the close of polling day at the next general election. subpart 6. vacancies 55. how vacancies created the seat of any member of parliament shall become vacant— if, otherwise than by virtue of being a head of mission or head of post within the meaning of the foreign affairs act 1988, for one whole session of parliament he or she fails, without permission of the house of representatives, to give his or her attendance in the house; or if he or she takes an oath or makes a declaration or acknowledgement of allegiance, obedience, or adherence to a foreign state, foreign head of state, or foreign power, whether required on appointment to an office or otherwise; or if he or she does or concurs in or adopts any act whereby he or she may become a subject or citizen of any foreign state or power, or entitled to the rights, privileges, or immunities of a subject or citizen of any foreign state or power; or if he or she ceases to be a new zealand citizen; or if he or she accepts nomination as, or otherwise agrees to be, a candidate for election, or agrees to appointment as— a member of parliament (or other governing body) of a country, state, territory, or municipality, in any country other than new zealand; or a member of any governing body of any association of countries, states, territories, or municipalities exercising governing powers, of which new zealand is not a member (for example, the european union); or if he or she is convicted of an offence punishable by imprisonment for life or by 2 or more years’ imprisonment, or is convicted of a corrupt practice, or is reported by the high court in its report on the trial of an election petition to have been proved guilty of a corrupt practice; or if he or she becomes a public servant; or if he or she is appointed as a returning officer; or if he or she resigns his or her seat by signing a written notice that is addressed and delivered to the speaker; or if on an election petition the high court or court of appeal declares his or her election void; or if he or she dies; or if he or she becomes mentally disordered, as provided in section 56. [repealed] notwithstanding anything in subsection (1)(c), where a member of parliament marries a person who is a subject or citizen of a foreign state or power and the laws of that foreign state or power confer on that member of parliament by reason of that marriage, citizenship of that foreign state or power or the rights, privileges, or immunities of a subject or citizen of that foreign state or power, the seat of a member of parliament shall not become vacant by reason only of the marriage. 55aa. dual or multiple citizenship permissible in certain circumstances despite section 55(1)(b) and (c), the seat of a member of parliament does not become vacant by reason only of the member— becoming a subject or citizen of any foreign state or power, or entitled to the rights, privileges, or immunities of a subject or citizen of any foreign state or power, by reason only of the member’s— country or place of birth; or descent; or renewing a passport or travel document that was issued to him or her by a foreign state or power before the member took office. 55a. member ceasing to be parliamentary member of political party [expired] 55b. notice from member [expired] 55c. notice from parliamentary leader of party [expired] 55d. form of statement to be made by parliamentary leader [expired] 55e. definitions [expired] 56. member becoming mentally disordered where a member of parliament is, or is deemed to be, subject to a compulsory treatment order made under part 2 of the mental health (compulsory assessment and treatment) act 1992, the court by which the order is made shall, as soon as may be, give a notice to the speaker of the making of the order. where a member of parliament is received or detained in a hospital in accordance with an inpatient order made under part 2 of the mental health (compulsory assessment and treatment) act 1992, the person in charge of that hospital shall, as soon as may be, give notice to the speaker of the reception or detention. where the speaker receives a notice under subsection (1) or subsection (2), the speaker shall forthwith transmit the notice to the director-general of health, who, together with some medical practitioner named by the speaker, shall without delay visit and examine the member to whom the notice relates, and shall report to the speaker whether the member is mentally disordered. if the report is to the effect that the member is mentally disordered the speaker shall, at the expiration of 6 months from the date of the report if parliament is then in session, and, if not, then as soon as may be after the date of the commencement of the next ensuing session, require the said director-general, together with the said medical practitioner or some other medical practitioner named by the speaker, again to visit and examine the member; and, if they report that he or she is still mentally disordered, the speaker shall forthwith lay both reports before the house of representatives, and thereupon the seat of the member shall be vacant. every person having charge of any hospital in which any member of parliament is so received or detained, who wilfully commits a breach of subsection (2) shall be liable on conviction to a fine not exceeding $2,000. 57. registrar of court to notify cause of vacancy in certain cases the registrar of the court in which any member of parliament has been convicted of an offence punishable by imprisonment for life or by 2 or more years’ imprisonment, or has been convicted of a corrupt practice, shall, within 48 hours after the conviction, notify the fact to the speaker. every person commits an offence and shall be liable on conviction to a fine not exceeding $100 who, being the registrar of a court, fails to send any notice required by subsection (1). 58. registrar of births and deaths to notify speaker of death of member the registrar of births and deaths by whom the death of any member of parliament is registered shall, within 12 hours of making the registration, notify the fact to the speaker. every person commits an offence and shall be liable on conviction to a fine not exceeding $100 who, being a registrar of births and deaths, fails to send any notice required by subsection (1). 59. no person to be candidate for more than 1 district or on more than 1 list no person shall at any general election be— a candidate for more than 1 electoral district; or a candidate whose name is included on more than 1 party list submitted pursuant to section 127. if 2 or more by-elections are held on the same polling day, no person shall be a candidate at more than 1 of those by-elections. at any general election, any person may be both— a candidate for any one electoral district; and a candidate whose name is included on any one party list submitted pursuant to section 127. if any person breaches subsection (1) or subsection (2), all nominations of that person as a candidate for those districts, party lists, or by-elections, as the case may be, shall be void, and any deposits made by him or her or on his or her behalf shall be forfeited and be paid into a crown bank account. subpart 7. persons qualified to vote 60. who may vote subject to the provisions of this act, the following persons, and no others, shall be qualified to vote at any election in any district, namely,— any person whose name lawfully appears on the main roll or any supplementary roll for the district and who is qualified to be registered as an elector of the district: any person— who is qualified to be registered as an elector of the district; and who is registered as an elector of the district as a result of having applied for registration as an elector of the district before polling day: any person who is qualified to be registered as an elector of the district, and was at the time of the last preceding election duly registered as an elector of the district or, where a change of boundaries has intervened, of some other district in which his or her then place of residence within the first-mentioned district was then situated: any person— who is qualified to be registered as an elector of the district; and who is registered as an elector of the district as a result of having applied, since the last preceding election and before polling day, for registration as an elector of the district or, where a change of boundaries has intervened, of some other district in which that person’s then place of residence within the first-mentioned district was then situated: any person who is qualified to be registered as an elector of the district pursuant to section 74 and who resides on campbell island or raoul island or has resided on either of those islands at any time in the 1 month before polling day: any member of the defence force who is outside new zealand, if he or she is or will be of or over the age of 18 years on polling day, and his or her place of residence immediately before he or she last left new zealand is within the district. 61. special voters a person who is qualified to vote at any election in any district may vote as a special voter if— that person’s name does not appear on the main roll or any supplementary roll for the district or has been wrongly deleted from any such roll: the person intends to be absent or is absent from the district on polling day: the person intends to be outside new zealand on polling day or is outside new zealand on polling day: the person is, by reason of illness, infirmity, pregnancy, or recent childbirth, unable to attend to vote at any polling place in the district: the person is, by reason of a religious objection, unable to attend to vote on the day of the week on which polling day falls: the person satisfies the returning officer or issuing officer that on any other ground it will not be practicable for that person to vote at a polling place in the district without incurring hardship or serious inconvenience. a person who is registered as an elector of a maori electoral district and who is qualified to vote at any election in that district may vote as a special voter not only on the grounds set out in subsection (1) but also on the ground that the person attends to vote on polling day at a polling place that is not a polling place for that district. a person whose name appears on the main roll or any supplementary roll for an electoral district and who is qualified to vote at an election in that district may vote as a special voter if the person— applies to vote in person before polling day; and does so within that district or at an office maintained by the returning officer of that district. part 4. registration of political parties and party logos subpart 1. registration of political parties 62. register of political parties subject to this part, an eligible political party may be registered for the purposes of this act. the electoral commission shall establish and maintain a register, to be known as the register of political parties, containing a list of the political parties registered under this part. 63. application for registration an application for the registration of an eligible political party may be made to the electoral commission— by the secretary of the party; or by any member of parliament who is a current financial member of that party. an application for the registration of an eligible political party— shall be in writing; and shall be signed by the applicant; and must— set out the name of the party; and if the party wishes to be able to use for the purposes of this act an abbreviation of its name, set out the name of that abbreviation; and set out the name and address of the applicant and the capacity in which he or she makes the application; and if the applicant is not the secretary of the party, set out the name and address of the secretary of the party; and set out the name and address of the person eligible under section 206k who is to be appointed as the auditor of the party, and be accompanied by that person’s signed consent to the appointment; and be accompanied by evidence, in a form approved by the electoral commission, that the party has at least 500 current financial members who are eligible to enrol as electors; and be accompanied by a declaration, made by the secretary of the party in the manner provided by section 9 of the oaths and declarations act 1957 that the party has at least 500 current financial members who are eligible to enrol as electors; and [repealed] must be accompanied by a declaration made by the secretary of the party in the manner provided by section 9 of the oaths and declarations act 1957, which declaration must state that the party intends, at general elections,— to submit a list of candidates under section 127; or to have 1 or more constituency candidates stand for the party or for a related political party; or both; and shall be accompanied by a declaration made by the secretary of the party in the manner provided by section 9 of the oaths and declarations act 1957, which declaration shall— state whether the party is a party in respect of which there are 1 or more component parties; and where the party has 1 or more component parties, state the name of each component party; and must be accompanied by the application fee payable under section 63a. upon receipt of an application for the registration of a political party, the electoral commission shall deal with the application in accordance with this part and determine whether the party can be registered. notwithstanding subsection (3), the electoral commission shall not be obliged to deal with any application for registration if it receives notice in writing withdrawing the application from a person entitled to apply for the registration of that party and the electoral commission is satisfied that the application is made by that person on behalf of the party. [repealed] 63a. application fee the fee payable on making an application under section 63 is $500 (inclusive of goods and services tax). the fee must be paid by— direct credit to a bank account nominated by the electoral commission; or bank cheque. 64. times when registration prohibited at no time in the period that, in relation to a general election,— commences on the date beginning with the issue of the writ for the election of members of parliament for all electoral districts within new zealand; and ends with the day appointed as the latest day for the return of the writ containing the names of constituency candidates who are elected,— shall action be taken in relation to any application for the registration of a political party. [repealed] 65. parties with certain names not to be registered the electoral commission shall refuse an application for the registration of a political party if, in its opinion, the name of the party or any proposed abbreviation— is indecent or offensive; or is excessively long; or is likely to cause confusion or mislead electors; or contains any reference to a title or honour or similar form of identification. 65a. certain logos not to be registered [repealed] 66. other grounds on which registration may be refused the electoral commission shall refuse an application for the registration of a political party if— the application does not comply with section 63; or if it is satisfied that the party does not have 500 current financial members who are eligible to enrol as electors. unless section 65 or subsection (1) applies, the electoral commission shall, subject to section 64, register the political party that is the subject of the application. [repealed] 67. registration where the electoral commission determines that a political party should be registered, the electoral commission shall— register the party by entering in the register— the name of the party; and if an abbreviation of the name of the party was set out in the application, that abbreviation; and the names of any separate political parties that are component parties of the party; and give written notice to the applicant that the electoral commission has registered the party; and cause notice of the registration of the party, including details of any component parties of the party, to be published in the gazette. [repealed] where the electoral commission determines that an application for the registration of a political party should be refused, the commission shall, as soon as reasonably practicable, and in any case not later than 10 working days after the date of the determination, give the applicant written notice that the commission has refused the application, setting out the reasons for the refusal. it shall be the duty of the secretary of any political party registered under this act— to supply the electoral commission with an address for service of all correspondence under this part; and to notify the electoral commission of any changes in the address for service of correspondence; and to notify the electoral commission whenever a new secretary of the party is appointed; and to notify the electoral commission if the number of current financial members of the party who are eligible to enrol as electors falls below 500; and subject to subsection (4), to notify the electoral commission by way of a declaration in the manner provided by section 9 of the oaths and declarations act 1957 whenever there is any change in the details recorded in the register of political parties in respect of the party under subsection (1)(a)(iii). [repealed] [repealed] 67a. registration of party logos [repealed] 68. inspection of register members of the public shall be entitled to inspect the register of political parties without payment at any time between 9 am and 5 pm on any day on which the office of the electoral commission is open. 68a. inspection of party logos [repealed] 69. changes to register [repealed] 69a. changes to party logos [repealed] 70. cancellation of registration the electoral commission shall cancel the registration of a political party at the request of one of the persons specified in section 63(1) if satisfied that the request for cancellation is made by the applicant on behalf of the party. the provisions of section 64, with any necessary modifications, apply to every request under subsection (1). the electoral commission shall cancel the registration of any political party on being satisfied that the number of current financial members of the party who are eligible to enrol as electors has fallen below 500. for the purposes of exercising the powers conferred on it by subsection (2), the electoral commission may require a political party to supply to it a list of the party’s current financial members within any reasonable time that the electoral commission specifies. where the electoral commission cancels the registration of any political party, it shall, as soon as reasonably practicable, and in any event not later than 10 working days after the date of the cancellation,— give, where the cancellation was effected under subsection (1), written notice of the cancellation to both the applicant for cancellation and the secretary of the political party: give, where the cancellation was effected under subsection (2), written notice of the cancellation to the secretary or the last-known secretary of the political party, which written notice shall set out the reasons for the cancellation: cause notice of the cancellation to be published in the gazette. 70a. cancellation of registration of party logo [repealed] 71. requirement for registered parties to follow democratic procedures in candidate selection every political party that is for the time being registered under this part shall ensure that provision is made for participation in the selection of candidates representing the party for election as members of parliament by— current financial members of the party who are or would be entitled to vote for those candidates at any election; or delegates who have (whether directly or indirectly) in turn been elected or otherwise selected by current financial members of the party; or a combination of the persons or classes of persons referred to in paragraphs (a) and (b). 71a. obligation to provide annual declaration regarding party the secretary of any political party registered under this act must ensure that the electoral commission receives by 30 april in each year a declaration made by the secretary in the manner provided by section 9 of the oaths and declarations act 1957, which declaration must— state that the party intends, at general elections,— to submit a list of candidates under section 127; or to have 1 or more constituency candidates stand for the party or for a related political party; or both; and state whether the party has at least 500 current financial members who are eligible to enrol as electors. 71b. obligation to provide copy of party membership rules and candidate selection rules the secretary of any political party registered under this act must supply the electoral commission with the following: a copy of the rules governing membership of the party: a copy of the rules governing the selection of persons to represent that party as candidates for election as members of parliament: a copy of any changes to the rules referred to in paragraph (a) or paragraph (b). the copies required by subsection (1)(a) and (b) must be supplied within 1 month after notice of the registration of the party is notified in the gazette in accordance with section 67(1)(c). the copies required by subsection (1)(c) must be supplied within 1 month after the date on which the changes to the rules are adopted by the party. members of the public are entitled to inspect the documents supplied to the electoral commission under this section. they may inspect them, without payment, at any time between 9 am and 5 pm on any day on which the office of the electoral commission is open. subpart 2. registration of party logos 71c. application for registration of party logo an application may be made to the electoral commission to register the logo of a political party if the political party— is registered under subpart 1; or is unregistered, but an application has been made under subpart 1 to register that party and that application has not been determined by the electoral commission. an application to register a party logo— may be made by— the secretary of the party; or any member of parliament who is a current financial member of the party; and must— be in writing; and be signed by the applicant; and be accompanied by— 2 identical representations of the party logo in a form satisfactory to the electoral commission that show the parts of the logo that are to be in colour and the pms (pantone matching system) colours that are to be used for those parts when the logo is reproduced on the ballot paper; and a black and white reproduction of the party logo in a form satisfactory to the electoral commission; and be accompanied by a declaration, made by the applicant in the manner provided for by section 9 of the oaths and declarations act 1957, that the use of the logo by the political party will not be an infringement of an intellectual property right of any person, or a breach of any enactment; and set out— the name and address of the applicant, and the capacity in which he or she makes the application; and the name and address of the secretary of the political party, if the applicant is not the secretary of the political party. on receipt of an application to register a party logo, the electoral commission must deal with the application in accordance with this subpart and determine whether to register the party logo. subsection (3) does not apply if, before determining whether to register a party logo, the electoral commission— receives from any person described in subsection (2)(a) written notice that the application to register the party logo is withdrawn; and is satisfied the written notice is given by that person on behalf of the party. 71d. grounds on which registration refused the electoral commission must refuse an application to register the logo of a political party if— the electoral commission has determined that the political party’s application for registration should be refused (in the case of an application made under section 71c(1)(b)); or the application does not comply with— section 71c(2)(b)(iii); or section 71c(2)(b)(iv); or the electoral commission has reasonable cause to believe that the declaration accompanying the application under section 71c(2)(b)(iv) is not correct; or the electoral commission is of the opinion that the logo— is indecent; or is offensive; or is likely to cause confusion or mislead electors; or contains any reference to a title or an honour or a similar form of identification. if the electoral commission refuses an application to register the logo of a political party, the electoral commission must, as soon as is reasonably practicable, and in any case not later than 10 working days after the date of refusal, give the applicant written notice of— the refusal; and the reasons for the refusal. 71e. times when registration of party logos prohibited no action may be taken in relation to any application made under section 71c during the period that,— in relation to a general election,— commences on the date beginning with the issue of the writ for the election of members of parliament for all electoral districts within new zealand; and ends with the day appointed as the latest day for the return of the writ containing the names of constituency candidates who are elected; and in relation to a by-election,— commences on the date beginning with the issue of the writ for the by-election; and ends with the day appointed as the latest day for the return of the writ for the by-election. 71f. registration of party logos if, on receipt of an application under section 71c, the electoral commission determines to register the logo of a political party, the electoral commission must— register the logo of the political party in the register of political parties established under section 62(2); and give written notice of the registration to the applicant; and arrange for the registration to be published in the gazette. 71g. inspection of party logos the electoral commission may publish, in any manner that the electoral commission considers appropriate, every party logo that is, or has been, registered in the register of political parties. 71h. changes to party logos a person described in section 71c(2)(a) may, on behalf of a party whose logo has been registered, apply to the electoral commission to— vary the form of the party logo; or substitute a new party logo; or amend the party logo to refer to the new name of the party in any case where there has been a change in the party name. sections 71c to 71f apply, with any necessary modifications, to an application made under subsection (1). 71i. cancellation of registration of party logo the electoral commission must cancel the registration of the logo of a political party if— a person described in section 71c(2)(a) applies to cancel the registration of the logo and the electoral commission is satisfied that the application is made on behalf of the political party; or the registration of the political party is cancelled under section 70; or the electoral commission is satisfied that the use of the logo by the political party constitutes an infringement of an intellectual property right or a breach of an enactment. section 71e applies, with any necessary modifications, to an application made under subsection (1)(a). if the electoral commission cancels the registration of the logo of a political party, the electoral commission must, as soon as is reasonably practicable and in any case not later than 10 working days after the date of cancellation,— give written notice of the cancellation and the reasons for the cancellation to— the applicant, if the registration of the logo was cancelled under subsection (1)(a) on the application of a person described in section 71c(2)(a)(ii); and the secretary of the political party; and arrange for the cancellation to be published in the gazette. part 5. registration of electors 72. rules for determining place of residence within new zealand subject to the provisions of this section, the place where a person resides within new zealand at any material time or during any material period shall be determined for the purposes of this act by reference to the facts of the case. for the purposes of this act, a person can reside in one place only. a person resides at the place where that person chooses to make his or her home by reason of family or personal relations, or for other domestic or personal reasons. where the property on which a person’s home is located is divided between 2 or more electoral districts, that person shall,— if his or her dwelling is located wholly within one of those electoral districts, be deemed to reside in that electoral district; or in any other case, be deemed to reside in the electoral district in which is located— the front door or other main entrance of his or her dwelling; or where his or her dwelling is an apartment, the front door or other main entrance of the building in which the apartment is situated. a person who is detained in any prison or hospital by virtue of any enactment shall not, by reason only of that detention, be treated for the purpose of subsection (3) as residing there. the place where, for the purposes of this act, a person resides shall not change by reason only of the fact that the person— is occasionally or temporarily absent from that place; or is absent from that place for any period because of his or her service or that of his or her spouse, civil union partner, or de facto partner as a member of parliament; or is absent from that place for any period because of his or her occupation or employment or that of his or her spouse, civil union partner, or de facto partner; or is absent from that place for any period because he or she, or his or her spouse, civil union partner, or de facto partner, is a student,— even if such absence involves occasional or regular residence at another place or other places. except as provided in subsection (8), a person who has permanently left his or her former home shall be deemed not to reside at that place, notwithstanding that his or her home for the time being is temporary only. a new zealand citizen who is outside new zealand shall be deemed to reside where he or she had his or her last home in new zealand; but nothing in this subsection shall affect the application of section 80(1)(a) for the purpose of determining the qualification of any person for registration as an elector. notwithstanding anything in this section, a person who is residing on, or has resided on, campbell island or raoul island and who, before residing on campbell island or raoul island resided in some other part of new zealand, shall be deemed to reside, or to have resided, throughout that period of residence on campbell island or raoul island, in the place in new zealand where that person had his or her last home before beginning residence on campbell island or raoul island. in the case of a person who is appointed to be a member of the executive council, or who is the spouse, civil union partner, or de facto partner of any person so appointed, the following provisions shall apply notwithstanding anything to the contrary in this section, namely,— so long as he or she holds that office he or she shall be deemed to continue to reside at the place of residence in respect of which he or she was registered as an elector of an electoral district (in this subsection referred to as the original district), notwithstanding his or her absence therefrom at the seat of government or otherwise, unless and until he or she duly applies for registration as an elector of another electoral district of which he or she is, apart from the provisions of this paragraph, qualified to be an elector: upon being registered as an elector of the other district pursuant to an application as aforesaid, the applicant shall cease to be entitled to continue to be registered under this subsection as an elector of the original district. a person whose home is on any ship, boat, or vessel permanently located in any harbour shall be deemed to reside in the electoral district in which the wharf or landing place or the main wharf or landing place in the harbour is situated. if any question arises under this subsection as to the district in which the wharf or landing place or main wharf or landing place in any harbour is situated, it shall be determined by the representation commission. 73. meaning of permanent resident of new zealand for the purposes of this act, a person is a permanent resident of new zealand if, and only if, that person— resides in new zealand; and is not— a person to whom section 15 or 16 of the immigration act 2009 applies; or a person obliged by or under that act to leave new zealand immediately or within a specified time; or treated for the purposes of that act as being unlawfully in new zealand. subpart 1. qualification of electors 74. qualification of electors subject to the provisions of this act, every adult person is qualified to be registered as an elector of an electoral district if— that person is— a new zealand citizen; or a permanent resident of new zealand; and that person has at some time resided continuously in new zealand for a period of not less than 1 year; and that electoral district— is the last in which that person has continuously resided for a period equalling or exceeding 1 month; or where that person has never resided continuously in any one electoral district for a period equalling or exceeding 1 month, is the electoral district in which that person resides or has last resided. where a writ has been issued for an election, every person— who resides in an electoral district on the monday before polling day; and who would, if he or she continued to reside in that electoral district until the close of polling day, have continuously resided in that electoral district for a period equalling or exceeding 1 month,— shall (whether or not he or she does so continue to reside in that electoral district) be deemed, for the purposes of subsection (1)(c), to have completed on that monday a period of 1 month’s continuous residence in that electoral district. 75. registration in respect of more than 1 electoral district subject to subsection (2), a person shall not be entitled to be registered as an elector of more than 1 electoral district. where an elector is qualified to be registered as an elector of an electoral district, his or her registration as an elector of that district shall not be invalid by reason only of the fact that at the time of that registration he or she was registered as an elector of a district for which he or she was not, or was no longer, qualified to be registered. notwithstanding that the validity of the registration of an elector of an electoral district is preserved by subsection (2), for the purposes of section 60, such an elector is not qualified, by virtue of that registration, to vote at an election unless, when the elector votes, he or she is no longer registered as an elector of another electoral district. 76. maori option subject to this section and to sections 77 to 79, a maori who possesses the qualifications prescribed in that behalf by this act shall have the option of being registered either as an elector of a maori electoral district or as an elector of a general electoral district. every such option shall be exercised— at the time the maori first qualifies and applies to be registered as an elector of any electoral district; or in the case of a maori who was not registered as an elector of any electoral district on the first day of the period last specified in a notice published under section 77(2), on the first subsequent application for registration as an elector; or in any other case, in accordance with section 77 or section 78. 77. periodic exercise of maori option and determination of maori population every elector who is a maori may exercise periodically, in accordance with this section, the option given by section 76(1). the minister shall, in accordance with this section, specify from time to time, by notice in the gazette, a period of 4 months during which any maori may exercise the option given by section 76(1). the minister shall, as soon as practicable after the commencement of this section, and in accordance with section 269(2), publish the first notice under subsection (2). subject to subsections (3) and (5) and to section 269(2), the minister shall, in every year that a quinquennial census of population is taken, but in no other year, publish a notice under subsection (2). notwithstanding subsection (4), where a parliament is due to expire in a year in which a quinquennial census of population is to be taken, the minister shall not, in that year, publish a notice under subsection (2), but shall instead, in the year following the year in which the quinquennial census of population is taken, publish such a notice. for the purpose of enabling the government statistician to calculate the maori electoral population, the electoral commission shall, as soon as practicable after the last day of each period specified in a notice published under subsection (2), supply to the government statistician— the total number of persons registered as electors of the maori electoral districts as at the close of that last day; and the total number of persons registered as electors of the general electoral districts, who, as at the close of that last day, are recorded as having given written notice to the registrar that they are persons of new zealand maori descent; and the total number of persons whose names are shown on the dormant rolls maintained under section 109 for the maori electoral districts; and the total number of persons whose names are shown on the dormant rolls maintained under section 109 for general electoral districts who are recorded as having given written notice that they are persons of new zealand maori descent. 78. exercise of maori option a maori who is registered as an elector on the first day of an option period may exercise once in that period the maori option. the registrar must send by post on the first day of an option period a notice in the prescribed form to— every person registered as an elector of a maori electoral district; and every person registered as an elector of a general electoral district who has,— in his or her application for registration as an elector, specified that he or she is a maori; or in response to an inquiry under section 89d, notified the registrar that he or she is a maori. subsection (4) applies to every maori— who receives a notice sent under subsection (2); and who— being registered as an elector of a maori electoral district, wishes to be registered as an elector of a general electoral district; or being registered as an elector of a general electoral district, wishes to be registered as an elector of a maori electoral district. a maori to whom this subsection applies may exercise the maori option by advising whether he or she wishes to be registered as an elector of— a general electoral district; or a maori electoral district. a maori who wishes to exercise the maori option under subsection (4) must advise the registrar as to which option he or she has chosen by— indicating his or her choice on the notice received under subsection (2), adding his or her signature and the date, and then returning the notice to the registrar: indicating his or her choice using an approved electronic medium: completing an application for registration as an elector in accordance with section 83. a maori who is outside new zealand, or who has a physical or mental impairment may exercise the maori option through a representative, and section 86 applies with any necessary modifications. on receipt of any advice under subsection (5), the registrar must send that advice to the registrar in whose district the maori resides. advice received under subsection (5) is deemed to be an application for registration as an elector for the purposes of— the definition of electoral roll in section 3(1); and sections 89a, 98, and 103. a maori who receives a notice sent under subsection (2) but who does not exercise the option given by section 76(1) in the option period continues to be registered on the roll as an elector of the electoral district in which he or she is currently registered. if a notice returned to a registrar under subsection (5)(a) is received by the registrar by post after the end of the option period but not later than noon on the day after the last day of that period, the notice is deemed to have been received in that option period, and the elector must, if the notice is otherwise in order, be deemed to have exercised the option given by section 76(1) in that option period. if a notice returned to a registrar under subsection (5)(a) is received by the registrar within the option period but that notice does not comply with the requirements for signing and dating, the registrar may treat the notice as being in accordance with those requirements before the end of that option period if the non-compliance is remedied within 6 days after the end of that option period. for the purposes of this section,— maori option means the option provided by section 76(1) option period means the period specified in a notice published under section 77(2) person registered as an elector includes a person of or over the age of 17 years who has had an application under section 82(2) to register as an elector accepted by a registrar of electors. 79. restriction on transfer between general and maori electoral rolls except as provided in sections 76 to 78,— no maori may transfer from a general electoral roll to a maori electoral roll or vice versa: no maori whose name has been removed from an electoral roll or who ceases to be qualified as an elector of an electoral district may be registered as an elector for a different type of electoral district. 80. disqualifications for registration the following persons are disqualified for registration as electors: a new zealand citizen who (subject to subsection (3)) is outside new zealand and has not been in new zealand within the last 3 years: a permanent resident of new zealand (not being a new zealand citizen) who (subject to subsection (3)) is outside new zealand and has not been in new zealand within the last 12 months: a person who is detained in a hospital under the mental health (compulsory assessment and treatment) act 1992 or in a secure facility under the intellectual disability (compulsory care and rehabilitation) act 2003, and to whom one of the following applies: the person has been found by a court or a judge to be unfit to stand trial within the meaning of the criminal procedure (mentally impaired persons) act 2003, or has been acquitted on account of his or her insanity, and (in either case) is detained under an order or direction under section 24 or section 31 or section 33 of that act or under the corresponding provisions of the criminal justice act 1985 and has been so detained for a period exceeding 3 years: the person has been found by a court, on conviction of any offence, to be mentally impaired, and is detained under an order made under section 34 of the criminal procedure (mentally impaired persons) act 2003 or section 118 of the criminal justice act 1985, and has been so detained for a period exceeding 3 years: the person is subject to, and has for a period exceeding 3 years been subject to, a compulsory treatment order made following an application under section 45(2) of the mental health (compulsory assessment and treatment) act 1992 or a compulsory care order made following an application under section 29(1) of the intellectual disability (compulsory care and rehabilitation) act 2003: the person is detained under section 46 of the mental health (compulsory assessment and treatment) act 1992, and is a person to whom paragraph (d) would otherwise apply: a person who is detained in a prison pursuant to a sentence of imprisonment imposed after the commencement of the electoral (disqualification of sentenced prisoners) amendment act 2010: a person whose name is on the corrupt practices list made out for any district. the registrar of the court in which any compulsory treatment order or any order under section 24 or section 34 of the criminal procedure (mentally impaired persons) act 2003 is made or any person is convicted of a corrupt practice shall, not later than the fifth day of the month next succeeding the date of the order or conviction, forward to the registrar of electors of the electoral district in which the patient or offender was residing a certificate showing the name, place of abode, and description of the patient or offender and particulars of the order or conviction. nothing in subsection (1)(a) or (b) applies to— a person, being— a public servant or a member of the defence force; or a head of mission or head of post within the meaning of the foreign affairs act 1988, who is outside new zealand in the course of that person’s duties; or an officer or employee of new zealand trade and enterprise established by the new zealand trade and enterprise act 2003; or a person who— is accompanying a person described in subparagraph (i) or subparagraph (ii) or subparagraph (iii) of paragraph (a) who is outside new zealand in the course of that person’s duties; and is the spouse, civil union partner, de facto partner, or child of the person referred to in subparagraph (i), or the child of the spouse, civil union partner, or de facto partner of that person. 81. detention in prison pursuant to sentence of imprisonment where a person who has been sentenced to imprisonment is received into a prison in which that person is to serve the whole or part of the sentence, the prison manager of that prison shall, not later than the seventh day after the day on which the prisoner is received into the prison, forward to the electoral commission a noticeshowing the name, previous residential address, and date of birth of that person; and showing the name and address of the prison. [repealed] the electoral commission shall, on receiving a notice under subsection (1), forward a copy of that notice to the appropriate registrar of electors. in subsection (1), prison manager has the meaning given to it by section 3(1) of the corrections act 2004. subpart 2. registration 82. compulsory registration of electors a person who is qualified to be registered as an elector of any electoral district and who is in new zealand must apply to a registrar of electors for registration as an elector— within 1 month after the date on which he or she first becomes qualified to be registered as an elector: within 1 month after the date on which he or she ceases to be registered as an elector by reason of the inclusion of his or her name on the dormant roll under section 89g. any person aged 17 years or older, but under 18 years, may apply to a registrar of electors for registration as an elector, and that person is not then required to apply for registration as an elector on attaining the age of 18 years. a person who is qualified to be registered as an elector of any electoral district and who is outside new zealand may apply at any time to a registrar of electors for registration as an elector. where a maori is qualified to be registered as an elector of both a maori electoral district and a general electoral district, that person may apply for registration as an elector of only one of those districts, being the district in respect of which that person has exercised his or her option under section 76. a person commits an offence against this section who, being required by this section to apply for registration as an elector during any period, knowingly and wilfully fails to apply. a person who applies for registration as an elector is not liable to prosecution for his or her earlier failure to apply for registration as an elector. a person who commits an offence against this section is liable on conviction to a fine not exceeding— $100 on a first conviction; and $200 on a second or subsequent conviction. 83. application for registration an application for registration as an elector may be made to a registrar of electors— in writing, by completing and signing the prescribed form and returning it to the registrar of electors; or in an approved electronic medium, by providing the information necessary to complete the prescribed form. an application for registration as an elector must state, in respect of the person making the application,— the person’s full name; and the person’s date of birth; and the place of residence in respect of which registration is claimed, specified in a manner that enables it to be clearly identified; and the person’s postal address, if different from the address given under paragraph (c); and the person’s occupation, if any; and the honorific (if any) by which the person wishes to be addressed; and whether or not the person is a maori; and any other particulars that are prescribed in regulations. a registrar of electors may reject an application for registration as an elector if— the application is made under subsection (1)(a) and the prescribed form is not— signed; or completed with the details specified in subsection (2)(a), (b), (c), and (h); or the application is made under subsection (1)(b) and the information provided does not include the details specified in subsection (2)(a), (b), (c), and (h). if a person does not specify in his or her application whether he or she is a maori, this act applies as if the person had specified in his or her application that he or she is not a maori. an application for registration as an elector that is rejected by the registrar of electors is treated as not having been made. where it appears to a registrar of electors that a person who has applied for registration as an elector in an electoral district is qualified to be registered as an elector in another electoral district, the registrar must immediately send that person’s application to the registrar of electors of that other district. 83a. procedure following inquiry under section 83 [repealed] 83b. no form of inquiry required if application for registration as elector received [repealed] 83c. elector who cannot be contacted to be included in dormant roll [repealed] 83d. transfer of electors between electorates [repealed] 84. registration of persons outside new zealand a person who is outside new zealand may apply for registration as an elector under section 83 through a representative, and section 86 applies with any necessary modifications. 85. registration of persons who have physical or mental impairment a person who has a physical or mental impairment may apply for registration as an elector under section 83 through a representative, and section 86 applies with any necessary modifications. 86. representatives a representative acting on behalf of a person must, when making any application or giving any notification, provide a statement that— sets out the capacity in which he or she is acting; and confirms that he or she is duly authorised to act in making that application or providing that information. a statement under subsection (1) must be provided— in writing, by completing and signing a form approved for the purpose by the electoral commission; or in an approved electronic medium, by providing the information necessary to complete the form. 87. procedure if immigration status means applicant apparently not qualified to be registered this section applies in accordance with section 263a(6)(a) if the electoral commission under section 263a(5) advises the registrar of an electoral district that a comparison carried out pursuant to section 263a(4) indicates that a person who has applied to be (but is not yet) registered as an elector of the electoral district is a person who the chief executive of the responsible department (as defined in section 263a(1)) believes is— unlawfully in new zealand; or a person who is lawfully in new zealand but only by virtue of being the holder of a temporary entry class visa of whatever type. when this section applies the registrar must comply with subsections (3) to (5) before determining under section 87 whether the applicant for registration as an elector is qualified to be registered. the registrar must within 5 working days of receiving that advice deliver to the applicant for registration personally, or send by post to that person, a written notice (in this section referred to as a or the notice) communicating— the advice that the registrar received under section 263a(5) in respect of the applicant; and that the registrar may determine that the applicant’s immigration status means that the applicant is not qualified to be registered as an elector if information to the contrary is not made available to the registrar by or on behalf of the applicant within 5 working days after the applicant receives the notice. if no response to the notice is made to the registrar by or on behalf of the applicant within 10 working days of the notice being delivered to the applicant personally, or sent by post to that person, the registrar must promptly deliver to the applicant for registration personally, or send by post to that person, a written notice (in this section referred to as a or the further notice) communicating— the advice that the registrar received under section 263a(5) in respect of the applicant; and the fact that, and the date on which, a notice was delivered to the applicant personally, or sent by post to that person; and that the registrar may determine that the applicant’s immigration status means that the applicant is not qualified to be registered as an elector if information to the contrary is not made available to the registrar by or on behalf of the applicant within 5 working days after the applicant receives the further notice. the registrar may determine under section 87 whether the applicant for registration as an elector is qualified to be registered only— after considering any response to the notice or a further notice made to the registrar by or on behalf of the applicant within 5 working days after the notice or a further notice was delivered to the applicant personally, or received by that person by post; or if no response to a further notice is made to the registrar by or on behalf of the applicant within 10 working days of the further notice being delivered personally to the applicant, or received by that person by post. a notice or further notice purportedly sent to the applicant by post— is, in the absence of proof to the contrary, treated as having been received by that person by post on the fourth working day after the day on which it is sent by post; and is treated as sent by post to that person on a day if it is proved to have been properly addressed to that person and to have been submitted on that day to a person for the time being registered as a postal operator under the postal services act 1998 for postage to that person. if, after complying with subsections (3) to (5), the registrar determines under section 87 that the applicant for registration as an elector is not qualified to be registered, the registrar must deliver to the applicant for registration personally, or send by post to that person, a written notice communicating the determination. 88. applications received after issue of writ where a writ has been issued requiring the conduct of an election in a district, then, subject to subsections (2) and (3), the registrar shall not, at any time in the period beginning on polling day and ending with the day of the return of the writ, register any application for registration as an elector that the registrar receives on or after polling day. for the purposes of subsection (1), an application for registration shall be deemed to have been received before polling day if— the application or the envelope in which it is contained bears a postmark or date stamp impressed at any new zealand post outlet or agency before polling day; or the applicant for registration produces a receipt which relates to the application and which was issued by any new zealand post outlet or agency before polling day. [repealed] where any person applies for registration after a writ has been issued requiring the conduct of an election in a district and before polling day,— the registrar shall, if the registrar is satisfied that that person is qualified to be registered, forthwith enter the name of that person on the electoral roll; and the registrar shall not be required to enter the name of that person on the main roll or any supplementary roll or composite roll used at that election; and that person may, at that election, vote only by way of a special vote. 89. procedure following application for registration if the registrar is satisfied that any applicant for registration as an elector (whether by transfer from another district, or otherwise) is qualified to be registered, he or she shall forthwith enter the name of the applicant on the roll. where it appears to the registrar that an applicant who is a maori is prevented, by the manner in which he or she last exercised the option given by section 76, from being registered as an elector of the district to which his or her application relates, the registrar shall forthwith send the application to the registrar of the district in respect of which the applicant is entitled to be registered and shall notify the elector of his or her reasons for refusing the application and of the registrar to whom the application has been sent. where an application for registration as an elector has been received before the issue of a writ and it has not been possible for the registrar to ascertain, at the time of the issue of the writ, whether the applicant is currently registered as an elector of another electoral district, the registrar shall, subject to subsection (4), include the name of the applicant on any main, supplementary, or composite roll printed as at writ day. notwithstanding anything in this act, where the registrar has, under subsection (3), included the name of any person on any main, supplementary, or composite roll printed as at writ day, the registrar shall, within 6 days after writ day determine, either— to enter the name of the applicant on the electoral roll; or to delete the name of the applicant from that main, supplementary, or composite roll. 89a. notice of registration the registrar must, not later than 14 days after the registration of a person as an elector, deliver to that person personally, or send to that person by post, written notice of the registration. subpart 2a. change of address 89b. elector must give notice of change of place of residence within electoral district this section applies to an elector who, being registered as an elector of an electoral district, changes his or her place of residence within that district. the elector must, within 2 months after the date on which he or she changed his or her place of residence, give notice of— the change of his or her place of residence; and the address of the new place of residence. notice under subsection (2) must be given— in writing to the registrar for the electoral district in which the elector resides; or in an approved electronic medium. an elector who has a physical or mental impairment may give notice under subsection (2) through a representative, and section 86 applies with any necessary modifications. on receiving a notice under subsection (2), a registrar must— amend the roll to record the change in the elector’s place of residence; and give confirmation to the elector, in accordance with section 94a, of that amendment. an elector who knowingly and wilfully fails to comply with subsection (2)— commits an offence and is liable on conviction to a fine— not exceeding $50 on a first conviction; and not exceeding $100 on any subsequent conviction; but is not, by reason only of that failure, disqualified from voting at an election in the electoral district in which he or she is registered. despite subsection (6), an elector who gives notice of the matters specified in subsection (2) after the expiry of the period referred to in that subsection but before the commencement of a prosecution is not liable for prosecution for his or her earlier failure to give notice. 89c. elector must give notice of change of place of residence to different electoral district this section applies to an elector who, being registered as an elector of an electoral district, changes his or her place of residence to a different electoral district (the new electoral district). after continuously residing in the new electoral district for a period of 1 month, the elector must, before the end of a further 1-month period, give notice of— the change in his or her place of residence; and the address of his or her new place of residence. notice under subsection (2) must be given— in an approved electronic medium; or by applying, under section 83, to registrar b for registration as an elector; or in writing (personally, or through an agent) to— registrar b; or registrar a. an elector who has a physical or mental impairment may give notice under subsection (2) through a representative, and section 86 applies with any necessary modifications. if notice under subsection (2) is given by an elector in the manner permitted by subsection (3)(a), registrar b must— register that elector, in accordance with section 89, on roll b; and give notice of that registration to— the elector, in accordance with section 89a; and registrar a, who must, in accordance with section 98(1)(a), remove the elector’s name from roll a. if notice under subsection (2) is given by an elector in the manner permitted by subsection (3)(b), registrar b must— deal with the application in accordance with sections 88 to 89a; and if he or she registers the name of the elector on roll b, give notice of that registration to registrar a, who must, in accordance with section 98(1)(a), remove the elector’s name from roll a. if notice under subsection (2) is given by an elector in the manner permitted by subsection (3)(c)(i), registrar b must send that notification to registrar a. if notice under subsection (2) is given by an elector in the manner permitted by subsection (3)(c)(ii), or if a notification is received by registrar a under subsection (7), subsections (9) to (13) apply. if registrar a believes that at least 1 month has elapsed since the change in the elector’s place of residence, registrar a must send to the elector a request for confirmation of the elector’s new place of residence. a request under subsection (9) must be made— in writing, in the prescribed form, and contain— the particulars of the enrolment of the elector to whom it is addressed; and the address of the elector’s new place of residence; and provision for the elector to make changes to the information referred to in subparagraphs (i) and (ii); or in an approved electronic medium that enables the elector to make changes to— the elector’s particulars of enrolment; and the particulars of the address of the elector’s new place of residence. an elector who receives a request made pursuant to subsection (10)(a) must, within the time stated by registrar a, complete and sign the form and return it to registrar b. an elector who receives a request made pursuant to subsection (10)(b) may respond to that request by sending to registrar b in an approved electronic medium confirmation of his or her new place of residence. after a form is returned under subsection (11) or a response is received under subsection (12), registrar b must— register that elector, in accordance with section 89, on roll b; and give notice of that registration to— the elector in accordance with section 89a; and registrar a, who must, in accordance with section 98(1)(a), remove the elector’s name from roll a. an elector who knowingly or wilfully fails to comply with subsection (2) commits an offence and is liable on conviction to a fine— not exceeding $100 on a first conviction; and not exceeding $200 on any subsequent conviction. despite subsection (14), an elector who gives notice of the matters specified in subsection (2) after the expiry of the period referred to in that subsection but before the commencement of a prosecution is not liable for prosecution for his or her earlier failure to give notice. in this section,— registrar a, in relation to an elector, means the registrar for the electoral district in which the elector previously resided registrar b, in relation to an elector, means the registrar for the electoral district in which the elector currently resides roll a, in relation to an elector, means the roll for the electoral district in which the elector previously resided roll b, in relation to an elector, means the roll for the electoral district in which the elector currently resides. subpart 2b. updating of electoral rolls 89d. inquiry to be made to update electoral rolls every registrar must, at the times required by or under this section, direct an inquiry to be made in relation to the particulars on the roll for every person registered as an elector of the district. an inquiry must be made,— where practicable, within the period of 12 months ending with the day on which a parliament is due to expire; and at any other time directed by the electoral commission. in any year in which a triennial general election of members of any local authority must be held under the local electoral act 2001, every registrar of a district that is, in part or in whole, within the local government area of a local authority must direct an inquiry to be made concerning the particulars on the roll of every person who— is registered as an elector of that district; and appears from those particulars to reside within that local government area. if a roll that is not yet in force has been compiled under section 101(1), the inquiry directed to be made under this section must be in respect of that roll. every inquiry made under subsection (1) must— be in the prescribed form; and contain the particulars on the roll for the elector to whom it is addressed; and require the elector, if any of those particulars have changed or are incorrect, to notify the registrar by— changing or correcting on the form where provided any particular that is wrong, and returning the form; or using an approved electronic medium to make any change or correction required to the particulars. an elector who has a physical or mental impairment may give a notification required by subsection (5) through a representative, and section 86 applies with any necessary modifications. for the purposes of this section,— a person registered as an elector includes any person of or over the age of 17 years who has had an application to register as an elector accepted by a registrar of electors; and the particulars contained in the application to register are the particulars on the roll for that person. 89e. no inquiry required if application for registration as elector received if a registrar receives, during an inquiry under section 89d(1), or within 28 days before the commencement of an inquiry under that section, a duly completed application for registration as an elector,— that application is deemed to be a completed form for the purposes of section 89d; and the registrar must notify that elector that he or she will not receive an inquiry under section 89d. 89f. procedure following inquiry under section 89d if, following an inquiry under section 89d, the registrar receives notice under section 89d(5)(c) that an elector has changed his or her place of residence and now resides in another electoral district,— the registrar must,— in accordance with section 98(1)(a), remove the elector’s name from the roll for the district in which the elector previously resided; and ensure that the notification is sent to the registrar for the new electoral district (the new registrar); and the notification is deemed to be an application for registration for the purposes of section 82; and the new registrar must register that elector, in accordance with section 89, on the roll for the district in which the elector resides. if, following an inquiry under section 89d, the registrar receives notice under section 89d(5)(c) of any change or correction to an elector’s particulars, other than a change of place of residence referred to in subsection (1), the registrar must amend the elector’s particulars on the roll in accordance with that notification. an elector remains on the roll and his or her particulars on the roll remain unchanged if— the registrar does not receive from the elector a form or information under section 89d(5)(c); or the registrar receives from the elector a form or information under section 89d(5)(c) with no changes. a form that a person intends to return, or returns, under section 89d(5)(c)(i) must be signed and may be rejected for incompleteness, in accordance with subsections (1)(a), (2), and (3) of section 83 (which apply with all necessary modifications), as if the form were an application in respect of registration as an elector. information that an elector intends to supply, or supplies, electronically under section 89d(5)(c)(ii)— is not an application in respect of registration as an elector required by section 83(1)(a) to be signed; but may be rejected for incompleteness under section 83(3) (which applies with all necessary modifications) if it does not include all the details specified in section 83(2)(a), (b), (c), and (h). 89g. elector who cannot be contacted to be included in dormant roll this section applies if— a registrar is notified that an inquiry made under section 89d(1) or a notice sent under section 78(2) cannot be delivered to the elector to whom it is addressed because the whereabouts of the elector are not known; or at any other time, the elector cannot be contacted at the elector’s address on the roll. if this section applies, a registrar must— make any inquiry as to the whereabouts of the elector that the registrar thinks fit or that the electoral commission directs; and if the registrar is unable to contact the elector, remove the name of the elector from the roll and include the name in the dormant roll maintained under section 109. subpart 3. changes of address [repealed] 90. changes of address to be notified [repealed] 91. effect of failure to notify change of address [repealed] subpart 4. death of registered elector 92. notification of death of registered elector the registrar-general appointed under section 79(1) of the births, deaths, marriages, and relationships registration act 1995 must, as soon as is reasonably practicable after the registration of the death of any person of or over the age of 17 years, notify the information described in subsection (2) to the electoral commission. the information referred to in subsection (1) is the fact of the death, together with any particulars known to the registrar-general appointed under section 79(1) of the births, deaths, marriages, and relationships registration act 1995 that may be required to enable the electoral commission— to determine the electoral district in which the deceased person resided; and to take appropriate steps in relation to the roll and other records. subpart 5. marriage or civil union of registered elector 93. notification of marriages and civil unions in this section, registrar-general means the registrar-general appointed under section 79(1) of the births, deaths, marriages, and relationships registration act 1995. as soon as is reasonably practicable after the registration of a marriage under part 7 of the births, deaths, marriages, and relationships registration act 1995, or the registration of a civil union under part 7a of that act, the registrar-general must provide to the electoral commission the following information in respect of each of the parties to the marriage or civil union: full name: date of birth: usual residential address: date of marriage or civil union. subsection (4) applies if a party to the marriage or civil union is— registered as an elector of any district; or a person who has applied under section 82(2) for registration as an elector. the electoral commission must— send to the party to the marriage or civil union a notice asking for details of any changes resulting from the marriage or civil union that may be required to the name, address, and occupation under which he or she is registered on the roll; and if a change is required, amend the roll in accordance with the details supplied. if an amendment to the roll is required under subsection (4) and the amendment does not appear on the main or supplementary roll printed for any election, the person is, if otherwise qualified, entitled to vote at the election under his or her former name as it appears on the roll. subpart 6. change of name of registered elector 94. notification of change of name this section applies if a person registers a change of his or her name under section 21b of the births, deaths, marriages, and relationships registration act 1995. the registrar-general appointed under section 79(1) of the births, deaths, marriages, and relationships registration act 1995 must provide to the electoral commission the following information for the purposes of determining whether any change is required to the name and address under which that person is registered on the roll: the old name and the new name of the person; and the person’s date of birth; and the person’s full residential address. subpart 7. confirmation of change of name, address, or other particulars 94a. confirmation of change of name, address, or other particulars this section applies if the registrar, in accordance with this act, amends, in relation to any person whose name appears on the roll, any of the following particulars: the place of residence of the person, following a change of residence within an electoral district; or the name of the person; or any other particulars of a kind specified in section 83(2)(d), (g), or (h). the registrar must, not later than 14 days after the roll is amended, deliver to that person personally, or send to that person by post, notice in writing of the amendment of the particulars on the roll. subpart 8. objections to registration 95. elector’s objection any elector may at any time object to the name of any person being on the roll for any district on the ground that that person is not qualified to be registered as an elector of that district. every such objection— shall be made in writing to the registrar for the district; and shall specify— the name of the objector; and sufficient particulars to inform the person objected to of the ground for the objection and the reason or reasons supporting the ground for objection. where the registrar considers that the particulars included in an objection are insufficient to inform the person objected to of the ground for the objection or the reason or reasons supporting that ground, the registrar shall by written notice require the objector to provide within 14 days of the giving of the notice such further particulars as the registrar thinks fit. where any objector fails to comply with a notice given under subsection (3), the registrar shall give a second such notice to the objector and, if the objector fails to comply with the second such notice, the registrar shall take no further action in relation to the objection and shall notify the objector accordingly. 95a. notice of elector’s objection subject to subsections (3) and (4) of section 95, the registrar shall, on receipt of an objection under section 95, forthwith serve on— the person objected to; or the person who, under section 12(1) of the protection of personal and property rights act 1988, is the welfare guardian for the person objected to; or the attorney appointed by the person objected to under an enduring power of attorney,— notice in writing of the objection, which notice shall include both the name of the objector and the particulars specified by the objector (being particulars sufficient to inform the person objected to of the ground for the objection and the reason or reasons supporting the ground for objection). any notice issued under subsection (1) shall be served personally in accordance with the rules governing personal service contained in the district courts rules 1992. the notice issued by the registrar under subsection (1) shall also inform the person objected to— that he or she may forward to the registrar a statement signed by him or her giving reasons why his or her name should be retained on the roll; and that his or her name will be retained on the roll if he or she provides the registrar with evidence that satisfies the registrar that the name of the person objected to should be retained on the roll; and that if he or she fails to forward a statement to the registrar within 14 days after the day on which that notice is served on the person objected to, the registrar will, under section 95b, remove from the roll the name of the person objected to. where, after making such inquiry as he or she thinks fit, or the electoral commission directs, the registrar is unable, after making at least 2 attempts to do so, to serve the notice of objection on that person personally, the registrar shall remove the name of that person from the roll and include the name in the dormant roll maintained under section 109. 95b. power to remove name from roll where, within 14 days after the day on which a notice under section 95a(1) or section 96(2) is served on the person objected to,— the person objected to; or the person who, under section 12(1) of the protection of personal and property rights act 1988, is the welfare guardian for the person objected to; or the attorney appointed by the person objected to under an enduring power of attorney,— either fails to provide evidence of eligibility to be on the roll or notifies the registrar that he or she consents to the removal from the roll of the name of the person objected to, the registrar shall, unless the objection has been withdrawn by the objector, remove from the roll the name of the person objected to and shall notify the parties accordingly. 95c. power to retain name on roll where, within 14 days after the day on which a notice under section 95a(1) or section 96(2) is served on the person objected to,— the person objected to; or the person who, under section 12(1) of the protection of personal and property rights act 1988, is the welfare guardian for the person objected to; or the attorney appointed by the person objected to under an enduring power of attorney,— provides the registrar with evidence that satisfies the registrar that the person objected to is qualified to be on the roll, the name of the person objected to shall be retained on the roll and the registrar shall notify the parties accordingly. 95d. reference of elector’s objection to district court unless,— within 14 days after the day on which a notice under section 95a(1) or section 96(2) is served on the person objected to, the objection is withdrawn; or the name of the person who is objected to is removed from the roll under section 95b or retained on the roll under section 95c,— the registrar shall refer the objection to a district court, and shall notify the parties of the time and place appointed for the hearing. subject to subsection (3), where any party notifies the registrar that the party is dissatisfied with a decision of the registrar made under section 95b or section 95c, the registrar shall refer the objection to a district court, and shall notify the parties of the time and place appointed for the hearing. any notification given by a party under subsection (2) shall be in writing and shall be given within 14 days after the day on which the party is notified by the registrar under section 95b or section 95c, as the case may be. 96. registrar’s objection the registrar for any district may at any time object to the name of any person being on the roll for the district on the ground that the person is not qualified to be registered as an elector of that district. the registrar shall forthwith give to— the person objected to; or the welfare guardian appointed for the person objected to under section 12(1) of the protection of personal and property rights act 1988; or the attorney appointed by the person objected to under an enduring power of attorney,— notice in writing of the objection and of such particulars of the objection as are sufficient to inform the person objected to of the ground for the objection and the reason or reasons supporting the ground for objection. the notice issued by the registrar under subsection (2) shall be served personally in accordance with the rules governing personal service contained in the district courts rules 1992. the notice issued by the registrar under subsection (1) shall also inform the person objected to— that he or she may forward to the registrar a statement signed by him or her giving reasons why his or her name should be retained on the roll; and that his or her name will be retained on the roll if he or she provides the registrar with evidence that satisfies the registrar that the name of the person objected to should be retained on the roll; and that if he or she fails to forward a statement to the registrar within 14 days after the day on which that notice is served on the person objected to, the registrar will, under section 95b, remove from the roll the name of the person objected to. where, after making such inquiry as he or she thinks fit, or as the electoral commission directs, the registrar is unable, after making at least 2 attempts to do so, to serve notice of objection on that person personally, the registrar shall remove the name of that person from the roll and include the name in the dormant roll maintained under section 109. nothing in this section affects the provisions of this act as to the removal of names from the roll by the registrar. 97. procedure on reference of application or objection to district court the following provisions of this section shall apply with respect to proceedings on the reference to a district court of an objection under section 95 or section 96. the registrar of electors, any objector, and the person objected to may appear before the court either in person or by some person appointed by him or her in writing or by a barrister or solicitor. in the case of an objection, the person objected to may forward to the registrar of the court a statement signed by him or her giving reasons why his or her name should be retained on the roll, and the court shall take any such statement into account in determining the objection. if a person objected to has a physical or mental impairment, that person’s representative may sign and forward to the registrar a statement giving reasons why the person’s name should not be removed from the roll. if any person objected to does not either appear or forward a statement as aforesaid, the court shall make an order that his or her name be removed from the roll. except as otherwise provided in this section, the name of any person objected to shall not be removed from the roll until the objection has been determined. at the hearing of an objection no grounds of objection shall be taken into account except those specified in the particulars of the objection. in any proceedings to which this section applies the court may make such order as to costs as the court thinks fit. subject to the provisions of this section, the ordinary rules of procedure of the court shall apply. the registrar of electors shall make any additions, deletions, and alterations to the roll that may be necessary to give effect to the order of the court. subpart 9. removal of names from roll and alterations to roll 98. removal of names from roll by registrar subject to subsection (6), the registrar shall remove from the roll— the name of every person who, consequent on a change in his or her place of residence,— is not qualified to be registered as an elector of the district; and resides in, and is registered as an elector of, another district: the name of every person of whose identity the registrar is satisfied and whose death has been notified to the registrar— by any registrar of births and deaths; or by the father, mother, or spouse, civil union partner, or de facto partner of that person or by a sister or brother of that person: [repealed] the name of every person who, as a result of an inquiry made at that person’s address on the roll, the registrar of electors has reason to believe has ceased for 1 month or upwards to reside in the district: the name of every person whose name is entered on the corrupt practices list made out for any district: the name of every person whose disqualification under section 80— is duly certified to the registrar; or is duly notified to the registrar under section 81: the name of every person who, being a maori,— has indicated his or her choice, pursuant to section 78, to be registered as an elector for a different type of electoral district; or is registered in contravention of section 79: where the roll is for a maori electoral district, the name of every person who is not a maori: the name of every person who has been registered for the district— by mistake; or by clerical error; or as a result of false information. notwithstanding anything in this act, the registrar, on being satisfied that the name of any person has been omitted or removed from the roll— by mistake; or by clerical error; or as a result of false information,— may place the name of that person on the roll at any time or restore the name of that person to the roll at any time. in addition to other powers of alterations conferred by this act, the registrar may at any time, subject to subsection (6), alter the roll— by correcting any mistake or omission in the particulars of the enrolment of a person: by striking out the superfluous entry when the name of a person appears more than once on the roll. where— a person has been registered as an elector of a district other than the district in which the person should have been registered; and the person’s name has, pursuant to subsection (1)(h) or subsection (1)(i), been removed from the roll of the district for which the person was correctly registered,the registrar of the district in which the person should have been registered may, subject to subsection (6), place that person’s name on the roll for that district. where, pursuant to this section, the name of a person is removed from the roll in the period commencing on the day after writ day and ending on the day before polling day, the registrar shall, on removing that name, enter it on a list to be known as the list of post-writ day deletions. no alteration pursuant to this section shall be made to the roll for a district in the period beginning on polling day and ending on the day after the day of the return of the writ. 99. notice of alterations to roll where, pursuant to any of the provisions of paragraphs (c) to (i) of section 98(1), the name of a person is removed from the roll, the registrar shall, in accordance with subsection (3) or subsection (4), deliver or send to that person, notice in writing of the removal of that person’s name from the roll. where the name of a person (being a name which, pursuant to section 98(1)(h) or section 98(1)(i), has been removed from a roll) is entered, pursuant to section 98(4), on another roll, the registrar who enters that person’s name on that other roll shall, in accordance with subsection (3) or subsection (4), deliver or send to that person notice in writing of the entry of that person’s name on that other roll. subject to subsection (4), the notice required by subsection (1) or subsection (2)— shall be delivered to the person personally or sent to the person by post; and shall be so delivered or sent not later than 14 days after the date on which,— where the notice is required by subsection (1), the person’s name is removed; or where the notice is required by subsection (2), the person’s name is entered. where the name of a person is removed or entered, as the case may be, in the period beginning on the day after writ day and ending on the day before polling day, the notice required by subsection (1) or subsection (2) shall forthwith be delivered to that person personally. 100. corrupt practices list where it is proved before the registrar for any district that any person who is registered or who applies for registration as an elector of the district has, within the immediately preceding period of 3 years,— been convicted of a corrupt practice; or been reported by the high court in its report on the trial of an election petition to have been proved guilty of a corrupt practice,— the registrar shall enter the name, residence, and description of that person and particulars of the conviction or report on a list to be called the corrupt practices list. the registrar shall remove the name of every person from the corrupt practices list at the expiration of 3 years from the date of the conviction or report in respect of which his or her name is entered on the list, or sooner if so ordered by the high court. whenever a main roll is printed for the district, a copy of the corrupt practices list for the district shall be appended to it and printed and published with it. whenever a supplementary roll is printed for the district, a copy of so much of the corrupt practices list as has not been printed with the main roll or any existing supplementary roll for the district shall be appended to the supplementary roll and printed and published with it. subpart 10. electoral rolls 101. electoral rolls where a notice is gazetted under section 40(1)(b) or section 45(9)(b), the electoral commission shall— decide, on the basis of the then existing rolls, which of the electors are entitled to be registered as electors of each electoral district whose boundaries are fixed by the report to which the notice relates; and compile for each electoral district whose boundaries are fixed by the report to which the notice relates a list of persons appearing to be entitled to be registered as electors of that electoral district (in this section called the compiled list). for the purposes of any inquiry under section 89d which is considered before the dissolution or expiration of the parliament in existence when any list is compiled pursuant to subsection (1)(b), the compiled list shall be the electoral roll for the district to which it relates. for the purposes of the printing of the main rolls and the supplementary rolls, each compiled list shall, if the electoral commission so directs, be the electoral roll for the district to which it relates. where a compiled list is, under subsection (2) or subsection (3), the electoral roll for the district to which it relates, that electoral roll shall come into force on the dissolution or expiry of the then existing parliament. the compiled lists shall be compiled immediately before— the next succeeding inquiry under section 89d; or the printing of the main rolls (where the electoral commission directs that, for the purposes of the printing of the main rolls and the supplementary rolls, each compiled list shall be the electoral roll for the district to which it relates),— whichever is the earlier. every roll to which subsection (4) applies, as it may be updated from time to time following an inquiry under section 89d, continues in force until a new roll for the district is compiled and comes into force. the registrar shall keep every roll to which subsection (4) applies up to date by making all such additions, alterations, and deletions as become necessary. 102. maintenance of rolls being replaced where the electoral commission has compiled the lists referred to in section 101(1)(b), the respective registrars of electors shall not be obliged to keep up to date the rolls for the districts that were in existence immediately before the gazetting under section 40(1)(b) or section 45(9)(b) of the notice that immediately preceded the compilation of those lists. notwithstanding subsection (1), the electoral commission shall ensure that each registrar of a district to which that subsection applies has available to him or her, until the roll for that district ceases to be in force, all information necessary to enable him or her to bring his or her roll up to date in the event of a by-election in that district (which information may include or consist of photocopies of original documents). where a by-election is to take place in a district to which subsection (1) applies, the registrar of that district shall cause an up to date composite roll for the district to be closed and printed as at writ day for the by-election. where a by-election has taken place in a district to which subsection (1) applies, the registrar of that district shall, after the time allowed for the filing of an election petition in respect of the by-election has expired or, where an election petition is filed in respect of that by-election, after that election petition has been finally disposed of, send to other registrars of electors such of the original applications for registration as electors held by him or her as the electoral commission specifies. 103. rolls where parliament dissolved after change of boundaries and before new rolls completed where a parliament is dissolved in the period between the gazetting of a notice under section 40(1)(b) or section 45(9)(b) and the completion of the compilation of the rolls pursuant to section 101, the electoral commission shall— comply with paragraphs (a) and (b) of section 101(1); and direct which of the applications for registration as electors which constituted the rolls of the electoral districts that were defined immediately before the report to which that notice relates took effect shall be sent to the respective registrars of the electoral districts fixed by that report. subject to subsection (3), each list compiled under section 101(1)(b) (as applied by subsection (1)(a) of this section) shall be the electoral roll for the district to which it relates and shall come into force as soon as it is compiled. the applications for registration sent, pursuant to a direction under subsection (1)(b), to the registrar of an electoral district shall, on being received by that registrar, constitute the electoral roll for the district and the electoral roll specified in subsection (2) shall (without its status as a main roll being affected) then cease to have effect as the electoral roll for the district. every electoral roll to which subsection (3) applies, as it may be updated from time to time following an inquiry under section 89d, continues in force until a new electoral roll for the district is compiled and comes into force. the registrar shall keep every electoral roll to which subsection (2) or subsection (3) applies up to date by making all such additions, alterations, and deletions as become necessary and any additions, alterations, and deletions made to an electoral roll to which subsection (2) applies shall be incorporated, where necessary, in the electoral roll which supersedes it by virtue of subsection (3). 104. main roll to be printed the registrar for every district shall, at least once in each year, cause to be printed a main roll for the district, which shall contain a list of all persons whose names are lawfully on the electoral roll for the district on a date to be fixed for the closing of the main rolls. the date to be fixed for the purposes of subsection (1) shall,— in the case of a year in which parliament is due to expire, be fixed by the governor-general by order in council published in the gazette; and in the case of any other year, be fixed by the electoral commission by notice in the gazette. every main roll printed for any district under this section shall be the main roll for the district until a new main roll is printed for the district. 105. supplementary rolls to be printed the registrar for every district shall from time to time cause to be printed a supplementary roll for the district, which shall contain a list of all persons whose names do not appear on the main roll or any existing supplementary roll for the district but are lawfully on the electoral roll for the district on a date to be fixed for the closing of that supplementary roll by the electoral commission: provided that a supplementary roll shall be printed as soon as may be after the issue of a writ for an election in the district, and the date for the closing of that roll shall be writ day. every supplementary roll printed for any district under this section shall be a supplementary roll for the district until a new main roll is printed for the district. 106. form of main roll and supplementary rolls every main roll or supplementary roll printed for any district shall show the names, residences, and occupations (if any) of the persons included therein, arranged alphabetically in order of surnames. the names on each page of the main roll and of every supplementary roll printed for any district shall be numbered consecutively, beginning with the number 1 in the case of the first name on each page. the pages of every main roll or supplementary roll printed for any district shall be numbered consecutively, beginning with the number 1 in the case of the first page of the main roll and, in the case of a supplementary roll, with the number immediately following the number of the last page of the last printed roll of the district, whether main or supplementary. the number appearing on the main roll or, as the case may be, on any supplementary roll printed for any district against the name of any elector, preceded by the number of the page on which his or her name appears, shall be deemed to be his or her number on the roll. with the consent of the government statistician, the registrar may divide the main electoral roll and every supplementary roll into such statistical subdivisions, as the government statistician approves. 107. composite rolls the registrar of electors for any district may from time to time cause to be printed a composite roll for the district, which roll— shall, subject to any additions, alterations, and deletions made to the electoral roll for the district, contain a list of— all persons whose names appear on the main roll for the district; and all persons whose names appear on any existing supplementary roll for the district; and all persons whose names do not appear on the main roll for the district or any existing supplementary roll for the district but are lawfully on the electoral roll for the district on a date to be fixed for the closing of that composite roll by the electoral commission; and shall, subject to paragraph (a), be printed in the manner prescribed by section 106 in respect of a main roll. notwithstanding anything in subsection (1), in the case of a by-election in any district, the registrar of electors for that district shall cause a composite roll for that district to be closed and printed as at writ day for the by-election. where the date for the closing of a composite roll for a district is writ day in relation to an election in that district, the registrar of electors— shall cause the composite roll to be printed as soon as may be after the issue of the writ for the election; and shall not be obliged to issue a supplementary roll for the district under the proviso to section 105(1) in relation to that election. where a composite roll for a district is printed under this section,— the composite roll shall, notwithstanding section 104(3), be the main roll for the district until a new main roll is printed for the district under section 104(1) or a new composite roll is printed for the district under this section; and the main roll and any supplementary rolls that were in force for the district immediately before the date of the closing of the composite roll shall cease to be in force. nothing in this section— limits the provisions of section 104(1); or prevents any main roll or supplementary roll that is no longer in force from being examined for the purpose of determining— whether any person’s name should appear on the main roll or any supplementary roll for the time being in force for any district; or whether any person is qualified to vote in any district as a special voter. 108. habitation indexes the electoral commission— may from time to time compile in respect of any electoral district a habitation index— listing, in accordance with their residential addresses, the electors who reside in that electoral district; and showing, against the name of each elector, the number of the elector on the main roll, or, as the case may be, on any supplementary roll for that electoral district; and shall, as soon as practicable after the printing of a main roll for an electoral district, compile a habitation index under paragraph (a) in respect of that district. 109. dormant roll the registrar must maintain a dormant roll showing the particulars of those persons whose names have been removed from the roll for the district— under section 89g; or as a result of the removal of the name of that person from the roll under section 95a(4) or section 96(5). the registrar must remove the name of a person from the dormant roll on the first occurrence of any of the following events: in the case of a person whose name has been removed from the electoral roll under section 89g, when the person registers as an elector of any district; or in the case of a person whose name has been removed from the electoral roll under section 95a(4) or section 96(5), when the person registers as an elector of any district; or in the case of a person who dies, when the registrar is satisfied of the identity of the person and the death has been notified to the registrar— by any registrar of births and deaths; or by the father, mother, spouse, civil union partner, de facto partner, sister, or brother of the person; or by the administrator of the estate of the person; or the expiration of the period of 3 years beginning with the date on which the person’s name was placed on the dormant roll. the registrar must keep, for the purposes of the next election to be held in the district to which the dormant roll relates, a copy of the dormant roll as it exists on the day before polling day. the registrar must from time to time cause to be printed a computer-compiled list showing, in relation to each person whose name appears on the dormant roll, the person’s name and place of residence. the dormant roll as it exists on the day before polling day may be used for the purpose of determining whether any person is qualified, under section 60(c) or (d), to vote at any election held in the district to which the roll relates. 110. public inspection of rolls, etc a copy or copies of— the main roll and of the supplementary rolls for any district; and the latest index compiled under section 108 in respect of the electoral district; and the most recent computer-compiled list printed pursuant to section 109(5) for the electoral district— shall be kept for inspection by the public at the office of the registrar of electors, and at such other places within the district as the electoral commission directs. any direction given by the electoral commission may be given in respect of any or all of the categories of documents specified in subsection (1). any person may inspect at the registrar’s office, without payment, at any time between 9 am and 4 pm on any day on which the office is open for the transaction of business,— the documents specified in subsection (1): the most recent computer-compiled list which is held by the registrar and which shows the names and particulars of the persons who are on the roll for the district: the names and particulars of any person whose name is on the electoral roll but not on the main roll or any supplementary roll or the most recent computer-compiled list to which paragraph (b) applies: the application of any person who has applied to be registered as an elector of the district but who is prevented, by section 88, from being registered as an elector of the district: his or her own application for registration as an elector: the application for registration of any person whose name is on the electoral roll if— that person consents to his or her application being inspected; or the registrar is satisfied that the inspection of the application is justified by a genuine and proper interest: the list of post-writ day deletions referred to in section 98(5). in the case of— the computer-compiled list printed pursuant to section 109(5); and the computer-compiled list referred to in subsection (3)(b)— neither the power of inspection conferred by subsection (3) nor the power to inspect the list when it is made available for public inspection under section 111 includes the power to copy the list. any person may, on paying the prescribed fee, obtain a copy of— the main or supplementary roll for a district: an index compiled under section 108. regulations made under section 267— may prescribe a scale of fees for the purposes of subsection (5); and shall provide for any fee payable under subsection (5) to be reduced wherever the copy of the roll or index is required for any purpose relating to an election or poll. where any person is entitled, pursuant to any provision of paragraphs (d) to (f) of subsection (3), to inspect any application, the registrar shall produce that application for inspection not later than 2 working days after a request has been made. where land in a general electoral district is included within the boundaries of a maori electoral district, a copy of the most recent computer-compiled list printed pursuant to section 109(5) in respect of the maori electoral district shall be kept open for inspection by the public at the office of the registrar of the general electoral district as well as at the office of the registrar of the maori electoral district. 111. inspection of rolls at hui subject to subsection (2), the electoral commission shall, at the request of any person, make available for public inspection, under the supervision of any registrar of electors or person nominated by the electoral commission, at any meeting or hui— the main roll and the supplementary rolls kept for any district: the most recent computer-compiled list which is held by the registrar of electors for any district and which shows the names and particulars of the persons who are on the roll for the district: any computer-compiled list printed pursuant to section 109(5). a request made under subsection (1) shall not be granted unless the electoral commission is satisfied that a large number of persons are likely to attend the meeting or hui in respect of which the request is made. where a roll or list is made available for public inspection under subsection (1), the roll or list shall be made available at such times and places as the electoral commission thinks fit. 111a. objectives of sections 111b to 111f the objectives of sections 111b to 111f are— to enable specified electoral information in relation to any maori elector, with the consent of that maori elector, to be used to facilitate the establishment and maintenance of accurate and comprehensive registers of iwi affiliations; and to ensure that registers of iwi affiliations are established and maintained by a body which— is accountable to the organisations to which it is authorised to supply information; and is financially viable and well managed; and manages information in compliance with the requirements of this act and the privacy act 1993; and makes iwi affiliation information available to iwi organisations and other maori organisations at a reasonable cost; and except as required for the purpose of establishing and maintaining the register or registers of iwi affiliations, does not create or maintain information on whakapapa; and to enable information from a register of iwi affiliations to be supplied to iwi organisations and other maori organisations for the purposes of those organisations; and to leave unaffected— any right of an iwi organisation or other maori organisation or court to determine whether any person claiming affiliation with the organisation is so affiliated; or any right of a person to claim an affiliation with a particular iwi organisation or other maori organisation or to approach the iwi organisation or other maori organisation with which that person claims affiliation. 111b. interpretation of terms in sections 111c to 111f for the purposes of sections 111c to 111f,— designated body means the person or body of persons from time to time designated under section 111e maori elector means a person registered as an elector who has given written notice to a registrar that the person is of maori descent register of iwi affiliations means a list or lists of persons of maori descent and their iwi affiliations, together with the information described in section 111c(2) in respect of those persons. 111c. electoral commission may seek consent of maori electors to supply of information to designated body the electoral commission may seek the consent of any maori elector to the supply by the electoral commission from time to time of the particulars described in subsection (2) to the designated body for the purpose of establishing and maintaining a register or registers of iwi affiliations. the particulars referred to in subsection (1) are— the elector’s name, including first names, surname, and preferred honorific (if any): the elector’s postal address, email address (if any), and contact telephone numbers (if any): the elector’s date of birth: any randomly generated number assigned to that elector by the electoral commission. the electoral commission may ask a maori elector— whether the maori elector consents to the supply of his or her iwi affiliation information to the designated body for the purpose of establishing and maintaining a register or registers of iwi affiliations; and if the answer under paragraph (a) is in the affirmative,— to give his or her iwi affiliation information; and if the elector wishes, to specify the iwi organisation or organisations or other maori organisation or organisations to which the elector’s iwi affiliation information may be supplied by the designated body. despite subsections (1) and (3), the electoral commission must not seek the consent under this section of a person in respect of whom the electoral commission has given a direction under section 115. if the electoral commission seeks the consent of a person under this section, the electoral commission must advise the person of the provisions of section 111d(4) and section 111f(1) to (4). if the electoral commission seeks the consent of a person under subsection (1), the electoral commission must advise the person that a consent given under that subsection may be withdrawn at any time. the electoral commission— may hold iwi affiliation information obtained in response to a request under subsection (3) only for such time as is reasonable for the purpose of forwarding that information to the designated body; and must not retain any of that iwi affiliation information. 111d. electoral commission may supply information to designated body the electoral commission may supply the information described in subsection (2) to the designated body if— the electoral commission has obtained the consent of a maori elector under section 111c(1) (and that consent has not been withdrawn); and the electoral commission has under section 111c(3) obtained the consent of a maori elector to the supply of the iwi affiliation information of that elector. the information referred to in subsection (1) is— the particulars of the elector described in section 111c(2); and the elector’s iwi affiliation information; and if, under section 111c(3)(b)(ii), the elector specified a particular organisation or organisations to which the iwi affiliation information may be supplied, the name of that organisation or those organisations. the electoral commission may charge a reasonable fee for the supply of information to the designated body under this section. information supplied under this section is supplied for the purpose of enabling the designated body to— establish and maintain a register or registers of iwi affiliations; and supply the information on that register or registers to any organisation to which it is authorised to supply that information under section 111f. except as required for the purpose described in subsection (4), the designated body must not use the information supplied to it under this section to create or maintain information on the whakapapa of any maori elector. 111e. ministers of justice and maori affairs may designate body to receive information the minister of justice and the minister of maori affairs may, by notice in the gazette, designate any person or body of persons (whether corporate or unincorporate) as suitable to receive the information described in subsection (2) for the purpose of establishing and maintaining a register or registers of iwi affiliations. the information referred to in subsection (1) is— information described in section 111c(2); and information described in section 111c(3)(b). the minister of justice and the minister of maori affairs must not designate a person or body of persons under subsection (1) unless the ministers are satisfied that— the person or body of persons has adequate procedures in place to ensure that it is accountable to the organisations to which it is authorised to supply information under section 111f; and the person or body of persons is financially viable and can demonstrate prudent and adequate management policies and practices, including in matters of financial management; and the person’s or body of persons’ information management policies and practices are adequate to ensure compliance with this act and the privacy act 1993; and the person or body of persons has the ability to fund the establishment and maintenance of the register of iwi affiliations; and the person or body of persons meets any other criteria that may be specified in regulations made under section 267(c). the minister of justice and the minister of maori affairs may, at any time, by notice in the gazette, revoke a designation made under subsection (1). 111f. designated body may supply information from register of iwi affiliations to iwi organisation and other maori organisation the designated body may supply the information in relation to a particular maori elector that is held on a register of iwi affiliations— if the maori elector has specified a particular organisation or organisations under section 111c(3)(b)(ii), to that organisation or organisations; or in any other case, to any iwi organisation or organisations or other maori organisation or organisations that the designated body is satisfied represents the iwi to which the maori elector claims an affiliation. if the designated body is satisfied that iwi affiliation information given by a maori elector under section 111c(3)(b)(i) contains a spelling error or other obvious mistake, but the designated body is satisfied that it is clear to which iwi the maori elector was referring, the designated body may apply subsection (1) as if the elector had specified that iwi. if the designated body is satisfied that the name of an organisation or organisations specified by a maori elector under section 111c(3)(b)(ii) contains a spelling error or other obvious mistake, but the designated body is satisfied that it is clear to which organisation or organisations the elector was referring, the designated body may apply subsection (1) as if the elector had specified that organisation or organisations. information supplied under this section is supplied for the purposes of the iwi organisation or other maori organisation to which it is supplied. any fee charged by the designated body for the supply of information under this section must be a reasonable fee. 112. supply of information on age and maori descent any person may, in the manner specified in subsection (3), request the electoral commission to provide to that person,— for the purposes of research conducted by that person on a topic that relates to a scientific matter,— a list of electors in a particular age group as defined in section 114(9); or a list of electors of maori descent; or for the purposes of research being conducted by that person on a topic that relates to human health,— a list of electors whose birthdays fall within a period of 12 months; or a list of electors of maori descent. every list supplied pursuant to a request under subsection (1) shall specify, in relation to each elector on that list, his or her name, postal address, residential address, occupation (if any), preferred honorific (if any), and meshblock. any request made under subsection (1) may seek information about electors appearing to be entitled to vote in— 1 or more named electoral districts; or all electoral districts; or 1 or more named regions or constituencies of a region; or 1 or more named territorial authority districts; or 1 or more named wards; or 1 or more named community board areas;— but shall not include any request for a random sample of electors. every list supplied following a request under subsection (1) may be supplied in the form of a computer-compiled list or in electronic form. the electoral commission shall comply with a request under subsection (1) if— the person requesting the list pays the prescribed fee; and the person requesting the list supplies a statement that the list is required for research being conducted by that person on a topic which is specified in the statement and which relates to a scientific matter or to human health; and the statement supplied under paragraph (b) is signed by the chief executive of any department, organisation, or local authority to which the official information act 1982 or the local government official information and meetings act 1987 applies; and the person requesting the list states in a form to be provided by the electoral commission that the list is required for the purpose of that person’s research and will not be used for any other purpose; and the electoral commission is satisfied that the list should be provided; and if the person requesting the list requires the list to be supplied in electronic form, that person supplies to the electoral commission a storage medium for that electronic information that complies with the prescribed requirements. 113. supply of computer-compiled lists and electronic storage media to local authorities subject to this section, if an electoral official of a local authority (as defined in section 5 of the local electoral act 2001) wishes to obtain specified information for the purposes of any election, by-election, or poll that is required by or under any act, the electoral official is entitled to obtain from the electoral commission a computer-compiled list or electronic storage medium containing that information. for the avoidance of doubt, it is hereby declared that subsection (1) shall not apply where the list or information is required for the purpose of determining whether or not there has been a valid demand for a poll or a survey of electors. the specified information, which shall be provided free of charge, shall be provided in accordance with any regulations made pursuant to section 267. any electronic storage medium supplied by the electoral commission must be returned to the electoral commission as soon as practicable after use. where the specified information is requested for a by-election or poll to be conducted at some time other than a triennial general election, the electoral commission may supply only such of the specified information as is relevant to the conduct of the by-election or poll. if an electoral official requires specified information for any purpose other than a purpose specified in subsection (1), and the latest information already available to the electoral official is not suitable for the purpose, the electoral official may make a special request to the electoral commission for the information, which must be supplied subject to, and in accordance with, any regulations made under section 267. [repealed] regulations made under section 267 may prescribe— fees for the supply of an electronic storage medium by the electoral commission in any case; and fees for providing information under this section on an electronic storage medium in any case to which subsection (1) does not apply. if an electoral official of a local authority (as defined in section 5 of the local electoral act 2001) wishes to obtain, for the purposes of compiling a roll of electors for the local authority and for no other purpose, any specified information, the electoral commission may, in accordance with regulations made under this act, give that electoral official, on payment of the prescribed fee, a computer-compiled list or electronic storage medium containing that information. any electoral official of a local authority (as defined in section 5 of the local electoral act 2001) may, on payment of the prescribed fee, and in accordance with regulations made under this act, obtain from the electoral commission a computercompiled list or electronic storage medium containing specified information, for the purpose of conducting an election for any body, where the electoral commission is satisfied that— the body is established by statute or is a corporate or unincorporate body established by a local authority or local authorities or is a body contracted by a local authority or local authorities to provide services to some or all local residents or is a body that provides health services or disability support services or electricity supply or is a trust that owns shares in a body or bodies involved in electricity supply to some or all local residents; and the body has in place procedures for the democratic conduct of its elections; and it is in the public interest that the election be conducted by a local authority. nothing in subsection (9a) or subsection (9d) requires a local authority to conduct an election on behalf of any other body but, where a local authority conducts an election for another body, the local authority may impose a charge in respect of the conduct of the election. where any officer of a body designated by notice in writing pursuant to subsection (9d) wishes to obtain, for the purpose of compiling a roll of electors for an election and for no other purpose, any specified information, the electoral commission may, in accordance with regulations made under this act, give that officer, on payment of the prescribed fee, a computer-compiled list or electronic storage medium containing that information. the minister may, by notice in writing, designate bodies for the purposes of subsection (9c) if the minister is satisfied that— the body has in place procedures for the democratic conduct of its elections; and it is in the public interest that the elections are conducted using the specified information. for the purposes of this section, the term specified information means, in respect of each elector appearing to reside in the appropriate area and entitled to vote in the election, by-election, or poll, so much of the following information as is requested by an electoral officer or electoral official or designated body: the elector’s name, including first names, surname, and preferred honorific (if any): the elector’s residential address and postal address (if different): the elector’s occupation (if any): the elector’s electoral district (whether maori or general): statistical meshblock details: a description of each— region or constituency of a region; or territorial authority district; or ward; or community board area; or other local authority and, where appropriate, local authority subdivision,— in respect of which the elector appears to be entitled to vote. 114. supply of electoral information to candidates, political parties, and members of parliament the electoral commission must supply to a person specified in subsection (2), on a request made in accordance with this section by that person,the information described in subsection (3); and if the person so requests, the information described in subsection (4). the persons referred to in subsection (1) are— any candidate or any person acting on behalf of a political party who wishes to obtain the information for the purposes of the candidate or the political party: any candidate or any person acting on behalf of a political party who wishes to obtain the information for the purposes of the candidate or the political party in connection with any local authority elections: a member of parliament or person acting on behalf of a member of parliament who wishes to obtain the information for the purposes of the member of parliament: [repealed] any other person charged with responsibilities in relation to the conduct of any official publicity or information campaign to be conducted on behalf of the government of new zealand and relating to electoral matters or the conduct of any general election or by-election. the information referred to in subsection (1)(a) is— the names, residential addresses, occupations (if any), preferred honorifics (if any), meshblock, and postal addresses of, and any randomly generated number assigned by the electoral commission to, any or all of the following persons: the electors of an electoral district: the persons whose names are on the dormant roll for an electoral district: the electors of an electoral district who were registered as electors for that district on or after the date fixed for the closing of the main roll for the district pursuant to section 104, or on or after a date nominated by the applicant, that date being not earlier than the date on which the roll was last closed for printing: the electors of an electoral district whose names have been removed from the electoral roll for that district on or after a date nominated by the applicant, that date being not earlier than the date on which the roll was last closed for printing; and if the person to whom the information is being supplied is one described in subsection (2)(b), the electors of a local authority district or subdivision of a local authority district. the information referred to in subsection (1)(b) is,— whether the elector is of maori descent; or a list of electors of maori descent; or the age group within which the elector appears; or a list of electors in a particular age group; or any or all of the above. information supplied by the electoral commission under this section may be supplied— in the form of a computer-compiled list; or in electronic form, including by the giving of remote access to the information by electronic means. a request for information from a person described in subsection (2)(a), (b), or (c) must,— if the information is sought in electronic form supplied on an electronic storage medium, be accompanied by a storage medium for that electronic information; and be accompanied by the prescribed fee; and be accompanied by a statement, on a form to be provided by the electoral commission, by the person seeking the information that the information is required for purposes permitted by this section and will not be used for any purpose other than those for which it is supplied. a request for information from a person described in subsection (2)(d) or (e) must, if the information is sought in electronic form supplied on an electronic storage medium, be accompanied by a storage medium for that electronic information. regulations made under section 267 may prescribe fees, or a scale of fees, for the supply of computer-compiled lists and electronic storage media by the electoral commission to any person under this section, and for the giving of remote access to the information by electronic means. for the purposes of this section and section 112(1)(a),— age group means, in relation to electors, those whose birthdays fall within a period of 5 years (being the first half or the second half of a decade) decade means a period of 10 years that begins with a year that is divisible, without remainder, by 10. 114a. general provision concerning supply of information by electoral commission in electronic form if the electoral commission is required in accordance with this act to supply information in electronic form, the electoral commission is only required to supply that information in a form, or using a medium, that is compatible with computer systems being used by the electoral commission at the time. 115. unpublished names notwithstanding sections 101, 104, 105, 107, 108, and 110(3)(c) and (d), where the electoral commission is satisfied, on the application of any person, that the publication of that person’s name would be prejudicial to the personal safety of that person or his or her family, the electoral commission may direct that— the name, residence, and occupation of that person shall not be published in any main or supplementary roll or in any list or index that may be available for inspection by the public; and the name and particulars of that person shall not be available for inspection under section 110(3)(c); and the application for registration of that person shall not be available for inspection under section 110(3)(d). without limiting the discretion conferred on the electoral commission by subsection (1), the electoral commission may on the production of— a protection order that is in force under the domestic violence act 1995 in respect of any person; or a restraining order that is in force under the harassment act 1997 in respect of any person; or a statutory declaration from a constable to the effect that he or she believes that the personal safety of a person or of a person’s family could be prejudiced by the publication of that person’s name,— exercise in respect of that person’s name, and without further evidence or inquiry, the power conferred on the electoral commission by that subsection. subpart 11. offences 116. offences relating to use of electoral information every person commits an offence who knowingly and wilfully supplies, receives, or uses information supplied in electronic form, or derived from information supplied in electronic form, under section 112, 113, or 114 for a purpose other than a purpose authorised by those sections. every person who commits an offence against this section is liable on conviction,— in the case of information supplied, received, or used for a commercial purpose, to a fine not exceeding $50,000; or in any other case, to a fine not exceeding $10,000. 117. offences in respect of manipulating or processing electoral information every person commits an offence who processes, manipulates, or otherwise changes by optical scanning or other electronic or mechanical means, any information obtained pursuant to section 112 or section 113 or section 114 or contained in any habitation index or any printed roll, in such a way as to produce that information or part of that information in a different form from that in which it was supplied under this act. it shall not be an offence against subsection (1) to process, manipulate, or otherwise change information obtained pursuant to any of the provisions of sections 112 to 114 into a different form if— the processing or manipulation is done, or the change is effected, by or on behalf of the person by whom the information was obtained; and the information, in its different form, is used only for purposes authorised by the provision under which it was obtained. it shall not be an offence against subsection (1) to process, manipulate, or otherwise change information obtained pursuant to any of the provisions of sections 112 to 114 or contained in any habitation index or any printed roll into a different form if the information was obtained under this act more than 10 years before the date on which the processing or manipulation is done or the change is effected. every person who commits a breach of subsection (1) is liable on conviction to a fine not exceeding $50,000. every person commits an offence who— uses for any purpose; or supplies to any person— any information the production of which contravenes subsection (1). every person who commits a breach of subsection (5) is liable on conviction,— where the use or supply was for a commercial purpose, to a fine not exceeding $50,000; or where the use or supply was for any other purpose, to a fine not exceeding $10,000. 117a. offence relating to misuse of electoral information supplied under section 111d every person commits an offence who knowingly and wilfully supplies, receives, or uses information of a kind described in section 111c(2) that is provided by, or derived from information provided by, the electoral commission under section 111d, for any purpose other than a purpose authorised by section 111d(4) or section 111f(4). every person who commits an offence against this section is liable on conviction,— in the case of information supplied, received, or used for a commercial purpose, to a fine not exceeding $50,000; or in any other case, to a fine not exceeding $10,000. 118. false statements every person who knowingly and wilfully makes a false statement in any application, certificate, or information supplied for the purposes of this part is liable on conviction to— a term of imprisonment not exceeding 3 months; or a fine not exceeding $2,000. 119. wilfully misleading registrar every person shall for each offence be liable on conviction to a fine not exceeding $2,000 who— wilfully misleads any registrar in the compilation of any roll or list, or wilfully enters or causes to be entered thereon any false or fictitious name or qualification or the name of any person whom he or she knows to be dead: signs the name of any person, whether requested to do so or not, or any false or fictitious name to any form of application or objection for the purposes of this part either as applicant, objector, or witness: signs his or her name as witness to any signature upon any such form of application or objection without either seeing the signature written or hearing the person signing declare that the signature is in his or her own handwriting and that the name so signed is his or her own proper name. 120. duty to report suspected offences where the registrar believes that any person has committed an offence against section 119, he or she shall report the facts on which that belief is based to the new zealand police. 121. failure to deliver application every person shall be liable on conviction to a fine not exceeding $2,000 who, having obtained possession of an application for registration signed by any other person for the purpose of being delivered to the registrar for registration, wilfully fails so to deliver it so that the applicant’s name is not entered on the roll. subpart 12. miscellaneous provisions 122. assistance to be given to registrar all constables— must, at the registrar’s request, assist the registrar by informing him or her of the name of any person whom they have reason to believe is qualified to be registered as an elector but is not registered, or is registered but is not qualified to be registered; and must give the registrar any information the registrar requests relating to the qualifications of any person for registration as an elector. all constables must also assist the registrar by making such inquiries and obtaining such information as he or she requests. 123. copies of rolls for returning officer the registrar shall supply to the returning officer for the district— as many copies as he or she may require of the main roll and the supplementary rolls, showing all deletions (except deletions made in the period beginning on the day after writ day and ending on the day before polling day) from the electoral roll and certified correct by the registrar; and a copy of the list of post-writ day deletions referred to in section 98(5). despite section 106, the electoral commission may direct registrars to modify the form of any rolls supplied under this section if that is necessary to facilitate the use of technology for the scrutiny of the rolls under this act. 124. power to destroy records subject to subsection (3), the registrar may destroy any of the records described in subsection (2) if— the registrar considers that the records are no longer required; and 2 general elections have taken place since the records were made. the records referred to in subsection (1) are records held by the registrar, being— applications for registration as electors; and forms returned following an inquiry under section 89d; and records forming part of the dormant roll maintained under section 109(1). nothing in this section authorises any person to destroy any records if he or she has reason to believe that those records are relevant to an election petition or that the time for bringing an election petition to which those records may be relevant has not expired. despite subsections (1) to (3), the registrar may destroy paper copies of any of the records described in subsection (2) if satisfied that accurate electronic images of those records have been created by or on behalf of the registrar and are being stored by or on behalf of the registrar in a manner that ensures that those electronic images are and will be able to be used for the same purposes as the paper copies would, if not destroyed, have been required by the rest of this act to be able to be used. a requirement in or under this act that a paper copy of a record be used for a particular purpose is, after that paper copy is destroyed under subsection (4), satisfied by using for that purpose the accurate electronic image, created and stored under subsection (4), of that paper copy. part 6. elections subpart 1. general elections 125. writ for general election whenever parliament is dissolved or expires, the governor-general must, not later than 7 days after the dissolution or expiration, issue a writ in form 3 to the electoral commission requiring the electoral commission to make all necessary arrangements for the conduct of a general election. 126. writs for general election [repealed] 127. election of list candidates at any general election any secretary of a political party that is registered under part 4 may forward to the electoral commission a list of candidates for election to the seats reserved for those members of parliament elected from lists submitted under this section. a list submitted under this section shall be in form 4 and shall list candidates in order of the party’s preference commencing with the first in order of preference and ending with the last. every list submitted under this section, and the declaration required by subsection (3a),— must be submitted to the electoral commission not later than noon on the date specified in the writ for the election of constituency candidates as the latest date for the nomination of constituency candidates; and may be submitted by hand, post, or electronically. every list submitted under this section must be accompanied by a declaration, made by the secretary of the party in the manner provided by section 9 of the oaths and declarations act 1957, that must— declare that the secretary is satisfied that each person named on the list submitted under this section is qualified under this act to be a candidate; and state whether the party is a party in respect of which there are 1 or more component parties; and if the party has 1 or more component parties, state the name of each component party. the secretary of the political party must lodge with the list submitted under this section, in relation to each candidate nominated in the list,— a statement in a form provided by the electoral commission, signed by the candidate, and confirming the candidate’s consent to the nomination; and any statutory declaration made by the candidate received under section 49(4)(b). [repealed] the electoral commission shall give a receipt in writing for every list accepted by the electoral commission. where a list under this section is submitted by a political party that has a logo registered under section 71f, the secretary of that political party may submit with the list a copy of the logo so registered for inclusion— on the left-hand side of the ballot paper beside the name of that party on the party vote part of the ballot paper; and on the right-hand side of the ballot paper beside the name of any constituency candidate of that party (if any) on the electorate vote part of the ballot paper. every logo submitted under this section— must be submitted to the electoral commission not later than noon on the date specified in the writ for the election of constituency candidates as the latest date for the nomination of constituency candidates; and may be submitted by hand, post, or electronically. 127a. deposit by party secretary if a secretary of a political party submits a list under section 127, he or she must pay to the electoral commission, no later than noon on nomination day, a deposit of $1,000 (inclusive of goods and services tax). the deposit must be paid by— direct credit to a bank account nominated by the electoral commission; or bank cheque. the deposit is forfeit and must be paid into a crown bank account if the party neither— receives in total at least 0.5% of the total number of all party votes received by all the parties listed on the part of the ballot paper that relates to the party vote; nor wins a constituency seat. in every other case the deposit must be returned to the secretary of the party on whose behalf the deposit is paid, but only after the electoral commission has received— a duly completed return under section 206i in respect of that party; and the auditor’s report obtained under section 206l that relates to that return. for the purposes of subsection (3)(b), a party wins a constituency seat if— a constituency candidate for that party has his or her name endorsed on the writ under section 185 as a person declared to be elected as a member of parliament; or a constituency candidate for a component party of that party (being a component party that is not listed on the part of the ballot paper that relates to the party vote but is, in accordance with the details held by the electoral commission under any of the provisions of sections 127(3a) and 128a, a component party of that party) has his or her name endorsed on a writ under section 185 as a person declared to be elected as a member of parliament. 128. acceptance or rejection of lists by electoral commission the electoral commission must reject a list submitted under section 127— if the list is not submitted by a political party registered under part 4; or if the list is not lodged with the electoral commission by noon on nomination day; or if the list does not contain the name of at least 1 candidate; or if the list is not accompanied by the declaration required by section 127(3a); or [repealed] if the deposit required by section 127a is not paid by noon on nomination day. where— any person named as a candidate on a list submitted under section 127 is not qualified both to be a candidate and to be elected a member of parliament; or the consent of any person named as a candidate on a list submitted under section 127 is not lodged in the required form with the electoral commission not later than noon on nomination day,— the electoral commission shall delete the name of that person from the list and the order of preference in the list shall be deemed to be amended accordingly. if, after the deletion of any name or names of candidates from a list pursuant to subsection (2), there are no names of candidates left remaining on the list, the provisions of subsection (1)(c) shall apply. 128a. notice of change in component parties where the list of any political party has been accepted by the electoral commission under section 127(6), it shall be the duty of the secretary of that political party to notify the electoral commission by a declaration in the manner provided for by section 9 of the oaths and declarations act 1957 of any change occurring before polling day in the details recorded in the declaration made under section 127(3a). every change to which subsection (1) applies shall be notified under that subsection as soon as practicable after the time at which the change occurs. 128b. electoral commission must record and notify change in component parties if the component parties of a political party listed in the copy of any declaration received by the electoral commission under section 127(3a) differ from those recorded in the register of political parties established by section 62(2), the electoral commission— must amend the register so that the component parties recorded in the register are the same as those recorded in the declaration made to the electoral commission; and must, immediately after amending the register under paragraph (a), publish in the gazette a notice of the amendment made under that paragraph. 128c. withdrawal of list of candidates any secretary of a political party may withdraw a list of candidates submitted by him or her under section 127 by notice in form 4a signed by him or her and witnessed by a justice of the peace or solicitor. no withdrawal of a list of candidates under subsection (1) shall have any effect unless it is lodged with the electoral commission not later than noon on the date specified in the writ for the election of constituency candidates as the latest date for the nomination of constituency candidates. if a list of candidates is withdrawn under subsection (1), the deposit paid under section 127a must be returned to the party secretary, unless the party secretary submits another list of candidates in accordance with section 127. where a list of candidates is withdrawn under subsection (1), the party secretary may submit another list of candidates in accordance with section 127. subpart 2. by-elections for vacancies in seats of members representing electoral districts 129. by-elections for members representing electoral districts if the speaker is satisfied that the seat of a member elected to represent an electoral district has become vacant, the speaker must, without delay, publish a notice of the vacancy and its cause in the gazette. the governor-general must, within 21 days after the date of a notice published in accordance with subsection (1), issue to the electoral commission a writ in form 6 requiring the electoral commission to make all necessary arrangements for the conduct of a by-election to fill the vacancy. in any case in which it appears to the governor-general to be necessary for special reasons, the governor-general may, by order in council, authorise the postponement of the issue of a writ for a by-election until a day stated in the order in council, being a day not later than 42 days after the date on which the notice was published in accordance with subsection (1). this section does not apply to a vacancy that occurs in the period between a dissolution or expiration of parliament and the close of polling day at the next general election. 130. when governor-general to act for speaker [repealed] 131. power to resolve in certain cases that by-election not be held notwithstanding anything in section 129, no writ shall be issued for a by-election to supply a vacancy in the house of representatives if— the vacancy arises in the period of 6 months ending with the date of the expiration of the parliament and a resolution that a writ not be issued to supply the vacancy is passed by a majority of 75% of all the members of the house of representatives; or following the presentation to the house of representatives by the prime minister of a document informing the house that a general election is to be held within 6 months of the occurrence of the vacancy, a resolution is passed by a majority of 75% of all the members of the house of representatives to the effect that a writ is not to be issued to supply the vacancy. 132. writ for by-election [repealed] 133. no writ to issue pending election petition if after a petition has been presented against the return of any member representing an electoral district his or her seat becomes vacant on any of the grounds mentioned in section 55, no writ to fill the vacancy shall be issued until after the petition has been disposed of, and not then if the court determines that that member was not duly elected or returned and that some other person was duly elected or returned. subpart 3. filling of vacancies in other seats 134. supply of vacancy of seat of member elected from party list if the speaker is satisfied that the seat of a member elected as a consequence of inclusion of the member’s name on a list submitted under section 127 has become vacant, the speaker must, without delay, publish a notice of the vacancy and its cause in the gazette. the governor-general must, as soon as practicable after the date of a notice published in accordance with subsection (1), issue to the electoral commission a warrant in form 7 directing the electoral commission to proceed forthwith to supply the vacancy. this section does not apply to a vacancy that occurs in the period between a dissolution or expiration of parliament and the close of polling day at the next general election. 135. when governor-general to act for speaker [repealed] 136. power to resolve in certain cases not to supply vacancy notwithstanding anything in section 134, no direction shall be issued under that section to the electoral commission to supply a vacancy in the house of representatives if— the vacancy arises in the period of 6 months ending with the date of the expiration of the parliament and a resolution that a direction not be issued to supply the vacancy is passed by a majority of 75% of all the members of the house of representatives; or following the presentation to the house of representatives by the prime minister of a document informing the house that a general election is to be held within 6 months of the occurrence of the vacancy, a resolution is passed by a majority of 75% of all the members of the house of representatives to the effect that a direction is not to be issued to supply the vacancy. 137. method of supplying vacancy on receipt of any direction under section 134, the electoral commission must proceed to fill the vacancy in the manner prescribed in this section. the electoral commission must determine which of the unelected candidates whose name was included in the same party list as the member whose seat has been declared vacant stood highest in the order of preference. if that candidate is still alive, the electoral commission must inquire of the secretary of the political party on whose list the candidate appeared, whether the candidate remains a member of that party. if that candidate is still alive and remains a member of that political party, the electoral commission must then inquire of that candidate whether that candidate is willing to be a member of parliament, and if that candidate so indicates his or her willingness, the electoral commission must declare that person to be elected by notifying the person’s election in the gazette. if that person has died or is no longer a member of the political party or does not signify his or her willingness to be a member of parliament, the electoral commission must proceed to make the inquiries described in subsections (3) and (4) in respect of the following candidate in order of preference on the party list, and so on, in descending order of preference, until one of the candidates who remains a member of the party signifies his or her willingness to be a member of parliament, in which case the electoral commission must declare that person to be elected by notifying the person’s election in the gazette. if— no candidate signifies his or her willingness to be a member of parliament; or there is no candidate lower in the order of preference on the party list than the member of parliament whose seat has been declared vacant,— the vacancy shall not be filled until the next general election. whenever subsection (6) applies, the electoral commission must publish in the gazette a notice stating that the vacancy cannot be filled. 138. filing of return where any vacancy is filled under section 137, or the electoral commission determines that the vacancy cannot be filled, the electoral commission shall, as soon as is convenient, file with the clerk of the house of representatives a return indicating,— in any case where the vacancy can be filled, the name of the person declared to be elected and the date of the return; or in any case where the vacancy cannot be filled, the fact that the vacancy cannot be filled and the date of the return. subpart 4. issue of writ 139. contents of writ in every writ for a general election or a by-election there shall be appointed— the latest day for the nomination of constituency candidates; and a day for the polling to take place if a poll is required, being a saturday; and the latest day for the return of the writ. polling day shall not be earlier than the 20th day after nomination day nor later than the 27th day after nomination day. [repealed] the latest day for the return of the writ (other than a writ issued under section 153e(2)) shall be the 50th day after its issue. the latest day for the return of a writ issued under section 153e(2) shall be the 78th day after its issue. 140. chief registrar to be notified of writ [repealed] 141. returning officer to be notified of writ immediately after receiving a writ requiring an election to be held in a district, the electoral commission must notify the returning officer for the district of the following matters: the issue of the writ: the nomination day appointed in the writ: the polling day appointed in the writ. 142. returning officer to give public notice of polling day, nomination day, and nomination process immediately after receiving notification under section 141, the returning officer must give public notice of the following matters: the polling day appointed in the writ: the nomination day appointed in the writ: the requirements for submitting nominations of candidates. every notice given under subsection (1) must be in a form approved by the electoral commission. subpart 5. nominations 143. nominations of candidates for electoral districts any person qualified under this act may, with his or her consent, be nominated as a constituency candidate for election for any electoral district, by not fewer than 2 registered electors of that district, by a nomination paper on a form provided by the electoral commission. a person’s consent to nomination— must, unless subsection (3) applies, be given in writing or electronically; but need not be given at the time the nomination paper is lodged. where any person is for the time being outside new zealand, his or her consent, for the purposes of subsection (2), may be signified to the returning officer in any manner approved by the electoral commission. if a nomination paper is lodged with the returning officer under subsection (1) in relation to a candidate for a political party, and the political party has a logo registered under section 71f, then in the following cases a copy of the logo may be submitted to the returning officer for inclusion on the ballot paper in accordance with section 150(13): in the case of a general election,— if the political party is not registered under part 4; or if the political party is registered under part 4, but is not submitting a party list under section 127: in the case of a by-election, whether the political party is registered under part 4 or not. every nomination paper and every consent and every logo submitted under subsection (3a) for inclusion on the ballot paper shall be lodged with or given to the returning officer for the district not later than noon on nomination day. the returning officer shall give a receipt in writing for every nomination accepted by him or her. each constituency candidate shall be nominated by a separate nomination paper in such manner as, in the opinion of the returning officer, is sufficient to identify the constituency candidate. every constituency candidate shall ensure that the name or names shown on the nomination paper as the name or names to be used on the ballot paper are short enough to fit on the ballot paper. no elector may nominate more than 1 constituency candidate. any registered elector of the district may inspect any nomination paper or consent at the returning officer’s office without payment at any time when the office is open for the transaction of business. 144. deposit by candidate every constituency candidate, or some person on the constituency candidate’s behalf, shall deposit with the returning officer the sum of $300 not later than noon on nomination day. the deposit shall be paid in the form of money, a bank draft, or a bank cheque. the deposit of an unsuccessful candidate is forfeit and must be paid into a crown bank account if the candidate receives in total less than 5% of the total number of votes received by constituency candidates in the district. in every other case, the deposit of a constituency candidate must be returned to the person who paid it, but only after the electoral commission has received from that candidate duly completed returns under sections 205k and 209. 145. acceptance or rejection of nomination the returning officer shall reject the nomination of any constituency candidate— if the nomination paper and the consent of the candidate are not lodged with the returning officer not later than noon on nomination day; or if the nomination paper does not state that the candidate is a registered elector of a specified electoral district, or, where section 49 applies, is a qualified elector of a specified electoral district; or if the nomination paper is not signed by at least 2 registered electors of the district for which the nomination is made; or [repealed] if the required deposit is not paid as required by this act. subject to the concurrence of the electoral commission, the returning officer shall not accept the nomination of any constituency candidate if the returning officer is not satisfied, by such evidence (if any) as the returning officer requires, that the name under which the candidate is nominated is— the name under which the candidate’s birth was registered, with any alteration or addition made thereto under section 20 of the births, deaths, marriages, and relationships registration act 1995 or an earlier corresponding provision; or in the case of a person who has been adopted, the name conferred on that person by the adoption order; or the name by which the candidate was commonly known throughout the period of 12 months ending with the day on which the nomination paper is lodged with the returning officer; or the name which was adopted by the candidate through a name change registered under section 21b of the births, deaths, marriages, and relationships registration act 1995 (or an earlier corresponding provision) before the period of 12 months ending with the day on which the nomination paper is lodged with the returning officer and which was used by the candidate throughout that period. despite anything in subsection (2), in applying that subsection in the case of any constituency candidate who is, or has been, married to, or in a civil union with, another person, the other person’s surname may be substituted for the candidate’s surname in any of the cases specified in paragraphs (a) to (d) of that subsection, unless, if the other person were nominated as a constituency candidate under that surname, the returning officer would be required to reject his or her nomination under the provisions of that subsection. [repealed] notwithstanding anything in subsection (2), the returning officer may, with the concurrence of the electoral commission, accept the nomination of any constituency candidate under a name that does not comply with the provisions of that subsection, if the returning officer is satisfied that the name has been adopted by the candidate in good faith and for good reason and is not indecent or offensive or likely to deceive or cause confusion. in every other case the returning officer shall accept the nomination. nothing in subsection (6) limits the jurisdiction of the court hearing an election petition. 146. withdrawal of nomination any constituency candidate may withdraw his or her nomination by a notice in form 10, signed by him or her and witnessed by a justice of the peace or a solicitor. no withdrawal of nomination shall have any effect unless it is lodged with the returning officer not later than noon on nomination day. where a candidate has duly withdrawn his or her nomination his or her deposit shall be returned to the person who paid it. subpart 6. bulk nomination of candidates by registered political parties 146a. purpose of sections 146b to 146l sections 146b to 146l provide an alternative to the procedures set out in sections 143 to 146 by which people can be nominated as candidates for election for electoral districts. 146b. notice of intention to lodge bulk nomination if, at any general election, a political party that is registered under part 4 intends to lodge a bulk nomination schedule of candidates for election for electoral districts, the secretary of that party must notify that intention to the electoral commission. a notification under subsection (1)— must be given not later than 1 working day after writ day for the general election; and must be on a form provided by the electoral commission; and may be given by hand, post, or electronically. the secretary of a party may, at any time before lodging a bulk nomination schedule, withdraw a notification under subsection (1) by notifying the withdrawal to the electoral commission. a withdrawal under subsection (3)— must be on a form provided by the electoral commission; and may be given by hand, post, or electronically. 146c. effect of notification of intention to lodge bulk nomination on nominations under section 143 if the secretary of a political party notifies the party’s intention to the electoral commission under section 146b(1), that notification remains in force for the purposes of the general election unless— the notification is withdrawn under section 146b(3); or any bulk nomination schedule lodged by the secretary of that party is rejected under section 146g; or the secretary of that party withdraws, under section 146i, a bulk nomination schedule previously lodged by the secretary without providing either of the following: an express statement on the form on which the withdrawal is made that the party intends to lodge another bulk nomination schedule; or another bulk nomination schedule in accordance with section 146d. while a notification of a party’s intention under section 146b remains in force for the purposes of a general election,— no returning officer may accept a nomination made under section 143 in respect of a candidate for that political party; and if a returning officer has already accepted a nomination made under section 143 in respect of a candidate for that political party, that nomination is of no effect and is to be treated as if it had been withdrawn under section 146. 146d. bulk nomination of constituency candidates at any general election, the secretary of a political party that is registered under part 4 may, in accordance with this section, nominate as candidates for election for electoral districts persons who are qualified under this act and who consent to be nominated. the secretary of a party may nominate its candidates under this section by lodging, with the electoral commission, a single bulk nomination schedule on a form provided by the electoral commission. a bulk nomination schedule— may be lodged by hand, post, or electronically; and must be lodged with the electoral commission not later than noon on the day before nomination day. the electoral commission must give a written receipt for every bulk nomination schedule that the electoral commission accepts. 146e. bulk nomination schedule the following requirements apply in relation to a bulk nomination schedule: the schedule must specify the electoral districts for which candidates are nominated in the schedule: the schedule must state, in relation to each such electoral district,— the full name of the constituency candidate; and if the candidate’s full name is not to be used on the ballot paper, the name or names to be used, which must be short enough to fit on the ballot paper. every bulk nomination schedule must contain a declaration, made by the secretary of the party in the manner provided by section 9 of the oaths and declarations act 1957, that the secretary is satisfied that each constituency candidate nominated in the schedule is qualified under this act to be a constituency candidate. the secretary of the political party must lodge with the bulk nomination schedule, in relation to each constituency candidate nominated in the schedule,— a statement in a form provided by the electoral commission, signed by the constituency candidate, and confirming the candidate’s consent to the nomination; and any statutory declaration made by the constituency candidate received under section 49(4)(b). if the secretary of a political party lodges a bulk nomination schedule and the political party has a logo registered under section 71f, but the political party is not submitting a party list under section 127, then a copy of the logo may be lodged with the electoral commission for inclusion on the ballot paper in accordance with section 150(13). every logo lodged under subsection (4)— may be lodged by hand, post, or electronically; and must be lodged with the electoral commission not later than noon on nomination day. 146f. deposit payable in respect of bulk nomination schedule if a secretary of a party lodges a bulk nomination schedule under section 146d, he or she must pay to the electoral commission, by noon on the day before nomination day, a deposit of $300 (inclusive of goods and services tax) for every constituency candidate nominated in the bulk nomination schedule. the deposit must be paid in 1 lump sum by— direct credit to a bank account nominated by the electoral commission; or bank cheque. if an unsuccessful constituency candidate nominated in a bulk nomination schedule receives in total less than 5% of the total number of votes received by constituency candidates in the district for which the unsuccessful candidate was nominated, the amount of the deposit paid under subsection (1) in respect of that unsuccessful candidate is forfeit and must be paid into a crown bank account. after deducting any amounts forfeit under subsection (3), the electoral commission must return the remainder (if any) of the amount paid under subsection (1) to the party secretary, but only if the electoral commission has received from every constituency candidate nominated in the bulk nomination schedule duly completed returns under sections 205k and 209. 146g. acceptance or rejection of bulk nomination schedule or nomination of candidate the electoral commission must reject a bulk nomination schedule lodged under section 146d— if the schedule is not lodged by the secretary of a political party registered under part 4; or if the intention to lodge the schedule has not been notified under section 146b; or if the schedule is not lodged with the electoral commission by noon on the day before nomination day; or if the schedule does not contain the declaration required by section 146e(2); or [repealed] if the deposit required by section 146f(1) is not paid by noon on the day before nomination day. the electoral commission must not accept the nomination of a candidate listed on a bulk nomination schedule in any case where a returning officer would be required to reject the nomination of that candidate under section 145(2) if the candidate had been nominated under section 143; and the provisions of subsections (2) to (5) of section 145 apply accordingly with all necessary modifications. the electoral commission must reject the nomination of a candidate listed on a bulk nomination schedule if— the candidate is not qualified both to be a candidate and to be elected as a member of parliament; or the written notice required by section 146e(3) in relation to that candidate is not lodged with the electoral commission by noon on nomination day. in every other case the electoral commission must accept the bulk nomination schedule and the nominations made on the schedule. subsection (4) does not limit the jurisdiction of the court hearing an election petition. 146h. amendment of bulk nomination schedule if the secretary of a party lodges a bulk nomination schedule with the electoral commission by noon on the day before nomination day, the secretary may, at any time before noon on nomination day, provide to the electoral commission any information necessary to remedy any defect or omission in the schedule, or in any document required to be lodged with the schedule. information may be provided under subsection (1) to the electoral commission by hand, post, or electronically. if the electoral commission receives any information under subsection (1),— the electoral commission must, where appropriate, amend the bulk nomination schedule or other document to which the information relates: the electoral commission must take the information into account in determining whether to accept or reject, under section 146g, the bulk nomination schedule, or the nomination of a candidate listed on the schedule. this section does not authorise the secretary of a party to— substitute a different person as a candidate for election for an electoral district; or nominate a candidate for election for an electoral district for which no candidate was nominated in the schedule as originally lodged with the electoral commission. 146i. withdrawal of bulk nomination schedule a secretary of a party may withdraw a bulk nomination schedule lodged by him or her under section 146d. a bulk nomination schedule may be withdrawn under subsection (1) by notice, on a form provided by the electoral commission, signed by the secretary of the party and witnessed by a justice of the peace or a solicitor. the withdrawal of a bulk nomination schedule has no effect unless the withdrawal is lodged with the electoral commission, by hand, post, or electronically, by noon on nomination day. if the secretary of a party withdraws a bulk nomination schedule under subsection (1), any notification given by that party under section 146b(1) automatically ceases to be in force, unless— the form on which the withdrawal is made expressly states that the party intends to lodge another bulk nomination schedule; or at the time of lodging the withdrawal, the party secretary lodges another bulk nomination schedule in accordance with section 146d. if a bulk nomination schedule is withdrawn under subsection (1), the party secretary may lodge another bulk nomination schedule in accordance with section 146d. if a bulk nomination schedule is withdrawn under subsection (1), the deposit paid under section 146f must be returned to the party secretary, unless the party secretary submits another bulk nomination schedule in accordance with section 146d. 146j. withdrawal of nomination in bulk nomination schedule a constituency candidate nominated in a bulk nomination schedule or in accordance with section 146k may withdraw his or her nomination by a notice on a form provided by the electoral commission, signed by him or her and witnessed by a justice of the peace or a solicitor. no withdrawal of nomination under subsection (1) has any effect unless it is lodged with the electoral commission not later than noon on nomination day. if a candidate for election for an electoral district withdraws his or her nomination under subsection (1), the amount of the deposit paid under section 146f(1) in respect of that candidate must be returned to the party secretary, unless another candidate for election for that electoral district is nominated under section 146k. 146k. replacement nomination if earlier nomination withdrawn or lapses if a candidate for election for an electoral district withdraws his or her nomination under section 146j, or the nomination of a constituency candidate nominated in a bulk nomination schedule is required by section 152 or section 152a(3) to be treated as if it had not been made, the secretary of the party may nominate another candidate for election for that electoral district in the following manner: written notice of the nomination must be lodged with the electoral commission, by hand, post, or electronically, not later than noon on nomination day: the requirements set out in subsections (1) to (3) of section 146e apply in relation to a notice under this section as if the nomination were made in a bulk nomination schedule: the secretary of the party must lodge with the electoral commission, by noon on nomination day, a deposit (in the form of money, a bank draft, or a bank cheque) of the amount payable under section 146f(1) for a constituency candidate nominated in a bulk nomination schedule, unless the electoral commission holds the amount of the deposit paid under section 146f(1) in respect of the candidate whose nomination was withdrawn or (as the case may be) who died or became incapacitated. sections 146f(3) and (4), 146g, and 146h apply in relation to a nomination lodged under this section as if the nomination had been included in a bulk nomination schedule, except that the references in those sections to the day before nomination day are to be read as references to nomination day. 146l. inspection of bulk nomination schedules and consents to nomination any registered elector may inspect the following material at the electoral commission’s office without payment at any time when the office is open for the transaction of business: any bulk nomination schedule lodged under this act: any copy of a consent lodged with a bulk nomination schedule in accordance with section 146e(3): any information provided to the electoral commission under section 146h: any nomination lodged under section 146k. subpart 7. advertisements 147. advertisement of nomination and polling places after the close of nominations in any district the returning officer shall forthwith forward to the electoral commission at wellington— the names of the constituency candidates who have been nominated under section 143 and who have not withdrawn their nominations; and the party affiliations (if any) of the candidates referred to in paragraph (a) and copies of the party logos (if any) submitted under section 143(3a) in respect of those candidates. the electoral commission must immediately notify to every returning officer— the names of the constituency candidates who have been nominated for each district in which a poll is required to be taken and who have not withdrawn their nominations; and the party affiliations (if any) of the candidates referred to in paragraph (a), and copies of the party logos (if any) submitted in accordance with section 143(3a) or section 146e(4) in respect of those candidates; and the names of the political parties that have submitted lists in accordance with section 127 and the party logos (if any) submitted in accordance with subsections (7) and (8) of that section in respect of those parties; and the names of the candidates on the lists referred to in paragraph (c) or, where the names of more than 65 candidates are included on any such list, the first 65 of those names. subject to subsection (4), the returning officer for each district in which a poll is required to be taken shall, not later than the day before polling day, publish— the names of constituency candidates contesting the district and their party affiliations (if any); and the name of each political party that submitted a list in accordance with section 127 and, under the name of each political party, the names of the political party’s list candidates in the political party’s order of preference (up to a maximum of 65 candidates); and the polling places for the district; and the polling places in the district that have suitable access for persons who are physically disabled— in at least 1 newspaper circulating in the district in such manner as the returning officer considers most likely to give full publicity thereto. the returning officer for a district in which a poll is required to be taken shall not be obliged to comply with subsection (3) if the electoral commission exercises, in respect of that district, the power conferred on the electoral commission by subsection (5). the electoral commission may, by such methods as the electoral commission considers appropriate (including by post), send to every residential address in an electoral district at which 1 or more electors reside the information specified in paragraphs (a) to (d) of subsection (3). subpart 8. uncontested elections 148. procedure where election not contested if— only 1 constituency candidate is nominated in a district; or any constituency candidate who has been nominated duly withdraws his or her nomination and there remains only 1 constituency candidate,— the electoral commission must, in accordance with section 179(2), declare the constituency candidate to be duly elected. the name of the person so elected must be endorsed on the writ by an electoral commissioner on behalf of the electoral commission, and the writ must be returned to the clerk of the house of representatives in accordance with section 185. subpart 9. elections 149. poll to be taken a poll shall be taken by secret ballot at the several polling places of the district on polling day. 150. form of ballot papers subject to subsection (18), the ballot papers to be used at any election shall be in form 11. forthwith after nomination day for an election, the electoral commission must cause ballot papers to be printed in sufficient numbers for the election. subject to subsection (4), each ballot paper in form 11 shall comprise 2 votes, namely, a party vote and an electorate vote. if only 1 constituency candidate is nominated or if the withdrawal of 1 or more nominations results in a declaration under section 148, the part of the ballot paper that relates to the electorate vote shall not be printed and the ballot paper shall thereafter be treated as if it comprised only the party vote. if more than 1 constituency candidate is nominated, and a sufficient number of constituency candidates do not withdraw their nominations so as to leave only 1 constituency candidate, the part of the ballot paper relating to the electorate vote shall contain a list of all the persons nominated as constituency candidates who have not withdrawn their nominations (which list shall be arranged in the manner prescribed by this section). on the part of the ballot paper relating to the electorate vote— the names of the constituency candidates shall be arranged alphabetically in order of their surnames: the other names of each constituency candidate that are required to appear on the ballot paper shall follow the candidate’s surname: the surnames of the constituency candidates shall (except in the case of a special ballot paper that is not fully printed) be in large characters and bold type: the name of the political party of the constituency candidate, if any,— shall be shown immediately below the candidate’s name; and shall be in characters that are smaller than those used for the surname of the constituency candidate; and shall not be in bold type: such other matter (if any) as may be necessary to distinguish the names of the constituency candidates shall be shown. a constituency candidate (other than an independent candidate) who seeks election shall not use the name of any political party that contested the last general election or any by-election held since the last general election unless that political party has endorsed that candidate as one of its candidates. no constituency candidate who seeks election as an independent candidate shall use the name of any political party that contested the last general election or any by-election held since the last general election but shall have the word “independent”, without further qualification or addition, shown on the ballot paper immediately below that candidate’s name. on the part of the ballot paper relating to the party vote the name of each political party that has submitted a list in accordance with section 127 (not being a political party that has submitted a list that has been rejected under section 128) shall be shown. the names of the political parties that, pursuant to subsection (9), are required to be shown on the part of the ballot paper that relates to the party vote, shall be arranged so that— where the name of any such political party is shown, immediately below the name of a constituency candidate whose name appears on the part of the ballot paper that relates to the electorate vote, the name of that political party shall be shown on the part of the ballot paper that relates to the party vote in a box that is aligned with the box that contains, on the part of the ballot paper that relates to the electorate vote, the name of that constituency candidate and the name of that political party; and where the names of any such political parties are not shown on the part of the ballot paper that relates to the electorate vote, the names of those political parties shall be shown in alphabetical order on the part of the ballot paper that relates to the party vote, with each such name being placed after the names of the political parties shown on that part of the ballot paper under paragraph (a) and in a box that is aligned with an empty box on the part of the ballot paper that relates to the electorate vote. subject to subsections (6)(e), (12)(b), and (13)(b), no other identification, such as an occupation, title, honour, or degree shall be included on the ballot paper in relation to any candidate’s name or political party. on the part of the ballot paper that relates to the party vote,— a circle shall be shown on the ballot paper to the right of the name of each political party; and the party’s logo, if registered by the electoral commission and submitted to the electoral commission for inclusion on the ballot paper, shall be shown to the left of the name of the political party. on the part of the ballot paper that relates to the electorate vote,— a circle shall be shown on the ballot paper to the left of each candidate’s name; and the party’s logo, if registered by the electoral commission and submitted to the electoral commission in accordance with subsections (7) and (8) of section 127 or to the returning officer in accordance with subsections (3a) and (4) of section 143 or in accordance with subsections (4) and (5) of section 146e for inclusion on the ballot paper, shall be shown to the right of the name of the candidate. every ballot paper shall have a counterfoil in form 13. there shall also be printed (in a form that is readable either with or without the aid of technology)— on the ballot paper; and in the space provided in the counterfoil attached to the ballot paper,— a number (called a consecutive number) beginning with the number 1 in the case of the first ballot paper printed, and on all succeeding ballot papers printed the numbers shall be consecutive so that no 2 ballot papers for the district shall bear the same number. where any question arises concerning the order or manner in which the names of the constituency candidates or the names of the political parties are to be shown on the ballot paper, the electoral commission must decide the question. at any by-election no ballot paper shall contain more than 1 part and the provisions of subsections (3), (9), (10), and (12) shall not apply. every ballot paper used at a by-election shall be in form 12. where the name or names given by a candidate as the name or names to be used on the ballot paper are too long to fit on the ballot paper, the electoral commission may abbreviate the name or names to be shown in such manner as will enable them to fit on the ballot paper. 151. name of political party for constituency candidates where a name is shown on a nomination paper, or other document on which a constituency candidate consents to his or her nomination, as the name of the constituency candidate’s political party, the returning officer may, if he or she considers it necessary, require the candidate to produce evidence sufficient to satisfy the returning officer of the candidate’s eligibility to claim that accreditation. where the returning officer considers that the name shown on the nomination paper or other document as the name of the constituency candidate’s political party is indecent or offensive or excessively long or likely to cause confusion to or mislead electors,— the returning officer shall, after consultation with the candidate, show on the ballot paper as the name of the candidate’s political party such name as the returning officer and the candidate agree upon in place of that shown on the nomination paper or other document; and if, on such consultation, the returning officer and the candidate cannot agree, or if consultation is not reasonably practicable, the returning officer shall not show any name on the ballot papers as the name of the candidate’s political party. subpart 10. death or incapacity of candidate 151a. interpretation for the purposes of sections 152a to 153h, a candidate is incapacitated if the returning officer or, as the case requires, the electoral commission is satisfied that, because the candidate is suffering from a serious illness or has sustained a serious injury,— if section 152a applies, the candidate is unable to personally withdraw his or her nomination; and in any case, the candidate, if elected, would be unlikely to be capable of taking the oath of allegiance as a member of parliament on the 51st day after writ day. 152. death before close of nominations if a constituency candidate who has been nominated and has not withdrawn his or her nomination dies before the close of nominations,— his or her nomination is to be treated in all respects as if it had not been made; and his or her deposit must be returned to his or her personal representatives or, as the case may be, to the person who paid it. subsection (3) applies if the candidate dies on nomination day before noon, or on any of the 3 days immediately before nomination day. if this subsection applies, then, once the returning officer is satisfied of the fact of death,— the time for the close of nominations in that district is postponed until noon on the fourth day after the date of the candidate’s death; and the returning officer must immediately give public notice of the fact that the close of nominations in that district has been postponed and of the new time for the close of nominations. if subsection (3) applies, but the candidate was nominated in a bulk nomination schedule or in accordance with section 146k, the references to returning officer in subsection (3) are to be read as references to the electoral commission. 152a. incapacity of candidate before close of nominations if a constituency candidate who has been nominated and has not withdrawn his or her nomination becomes incapacitated before the close of nominations, an application may be made for the cancellation of the nomination. section 152b sets out how an application under subsection (1) must be made, and section 152c sets out how it is to be dealt with. if the returning officer or, as the case requires, the electoral commission cancels the nomination in accordance with section 152c(3),— the candidate’s nomination is to be treated in all respects as if it had not been made; and the candidate’s deposit must be returned to the candidate or, as the case may be, to the person who paid it. if the candidate’s nomination is cancelled on nomination day, or on any of the 3 days immediately before nomination day, then— the time for the close of nominations in the district is postponed until noon on the fourth day after the date on which the candidate’s nomination is cancelled; and the returning officer or, as the case requires, the electoral commission must immediately give public notice of the fact that the close of nominations in the district has been postponed and of the new time for the close of nominations. 152b. procedural provisions relating to making of application under section 152a(1) an application under section 152a(1) must be made as follows: if the candidate was nominated under section 143,— the application must be made by the 2 registered electors who nominated the candidate, or, if either or both of them are unavailable or unable to act for any reason, then by the candidate’s agent: the application must be made to the returning officer for the district: if the candidate was nominated in a bulk nomination schedule or in accordance with section 146k,— the application must be made by the secretary of the party: the application must be made to the electoral commission. the application must be made on a form provided by the electoral commission, and must be witnessed by a justice of the peace or a solicitor. the application must be accompanied by a certificate signed by a medical practitioner that certifies— as to the candidate’s condition; and that, in the practitioner’s opinion, the candidate is incapacitated within the meaning of section 151a. the application— must be submitted to the returning officer or, as the case requires, the electoral commission not later than 4 pm on nomination day; and may be submitted by hand, post, or electronically. 152c. how application under section 152a to be dealt with on receiving an application made under section 152a(1), the returning officer or, as the case requires, the electoral commission must, without delay, determine whether or not the candidate became incapacitated before the close of nominations. for the purpose of making a determination under subsection (1), the returning officer or electoral commission may make any inquiries, and seek any assistance (including, without limitation, expert medical assistance), that the returning officer or electoral commission considers necessary. if, before midnight on nomination day, the returning officer or electoral commission determines that the candidate became incapacitated before the close of nominations, the returning officer or electoral commission must cancel the candidate’s nomination. if the returning officer or electoral commission has not made a determination under subsection (1) before midnight on nomination day, then— section 152a does not apply; and the application is to be treated as if it were an application under section 153g(1), and is to be determined accordingly. as soon as practicable after making a determination under subsection (1), the returning officer or electoral commission must inform the applicant or applicants of that determination. 153. death or incapacity of list candidate after submission of list this section applies if a list candidate dies, or his or her nomination is cancelled on the grounds of incapacity, after the submission of the list and before the declaration required by section 193(5). if this section applies,— the poll must proceed; and the list must be treated subsequently as if the candidate’s name had never been included on that list. 153a. death or incapacity of constituency candidate after close of nominations and before polling day this section applies if a constituency candidate dies, or his or her nomination is cancelled on the grounds of incapacity, after the close of nominations and before polling day. if this section applies, then once the returning officer is satisfied that the candidate has died or, as the case requires, that the candidate’s nomination has been cancelled, the returning officer must,— in the case of a general election,— issue a notice cancelling the poll for the election of a member of parliament for the district; and proceed to conduct the poll on the part of the ballot paper that relates to the party vote, which for these purposes is to be treated as if it were the only part of the ballot paper; and this part applies with any necessary modifications; and in the case of a by-election, issue a notice cancelling the poll; and report to the electoral commission— the issue and the date of the notice, under paragraph (a) or paragraph (b), cancelling the poll; and whether the poll was cancelled because of the candidate’s death or because of the candidate’s incapacity; and the date of the candidate’s death, if applicable; and if the candidate’s incapacity was determined, under section 153h, by the returning officer, the date of the determination. immediately after the electoral commission receives the returning officer’s report under subsection (2)(c), an electoral commissioner must, on behalf of the electoral commission, endorse on the writ— the name of the candidate whose death or whose incapacity resulted in the cancellation of the poll for the election of a member of parliament for the district concerned; and the date of the notice by which the poll was cancelled; and the date on which the candidate died or, as the case requires, the date on which the candidate’s incapacity was determined. 153b. death or incapacity of constituency candidate on polling day this section applies if a constituency candidate dies, or his or her nomination is cancelled on the grounds of incapacity, on polling day before the close of the poll. if this section applies, then once the returning officer is satisfied that the candidate has died or, as the case requires, that the candidate’s nomination has been cancelled, the returning officer must,— in the case of a general election,— immediately close the part of the poll that is based on electorate votes and declare that part of the poll to be of no effect; and proceed to conduct the poll on the part of the ballot paper that relates to the party vote, which for these purposes is to be treated as if it were the only part of the ballot paper; and this part applies with any necessary modifications; and in the case of a by-election, immediately close the poll; and report to the electoral commission— the closure of the poll or part of the poll and the time of the closure; and whether the poll or part of the poll was closed because of the candidate’s death or because of the candidate’s incapacity; and if the candidate’s incapacity was determined, under section 153h, by the returning officer, the date of the determination. immediately after the electoral commission receives the returning officer’s report under subsection (2)(c), an electoral commissioner must, on behalf of the electoral commission, endorse on the writ— the name of the candidate whose death or whose incapacity resulted in the closure of the poll for the election of a member of parliament for the district concerned; and the time of that closure; and the date on which the candidate died or, as the case requires, the date on which the candidate’s incapacity was determined. 153c. death or incapacity of successful constituency candidate after close of poll and before declaration of result this section applies if— a constituency candidate dies, or his or her nomination is cancelled on the grounds of incapacity, after the close of the poll and before the declaration of the result of the poll; and it is found on the completion of the count of votes or on a recount that the candidate, if still living or if not incapacitated, would have been elected. if this section applies, then once the returning officer is satisfied that the candidate has died or, as the case requires, that the candidate’s nomination has been cancelled, the returning officer must report to the electoral commission— the death or incapacity of the candidate; and the date of the candidate’s death, if applicable; and if the candidate’s incapacity was determined, under section 153h, by the returning officer, the date of the determination. immediately on the electoral commission being satisfied of the returning officer’s report under subsection (2), an electoral commissioner must, on behalf of the electoral commission, endorse on the writ— the name of the candidate; and that the candidate would, if still living or if not incapacitated, have been elected as the member of parliament for the district concerned; and the date on which the candidate died or, as the case requires, the date on which the candidate’s incapacity was determined. 153d. application of equality of votes provisions if constituency candidate dies or becomes incapacitated after close of poll the provisions of this act as to an equality of votes between constituency candidates apply even though, after the close of the poll, one of those candidates dies or the nomination of one of those candidates is cancelled on the grounds of incapacity. 153e. new election to be held if writ vacated immediately after an electoral commissioner has endorsed the writ in accordance with section 153a or section 153b or section 153c, the electoral commission must notify the governor-general of the need for a fresh election because of the death or the incapacity of the candidate concerned. on receiving notification under subsection (1), the governor-general must, without delay, issue a writ for a fresh election in that district, and that election must be conducted as if it were a by-election unless this act provides otherwise. the main roll and supplementary rolls which were to be used at the election which has failed must be used at the new election without any amendment or addition. any candidate who, at the time of the cancellation or closure of the poll, was a duly nominated candidate does not need to be nominated again, but the candidate may withdraw his or her nomination before the time appointed for the close of nominations for the new election. all appointments of polling places made in respect of the election that has failed continue in respect of the new election. 153f. destruction of ballot papers if by-election interrupted this section applies if, in the case of a by-election, the poll is interrupted as a result of the death of a constituency candidate or the cancellation of the nomination of a constituency candidate on the grounds of incapacity. if this section applies,— all ballot papers that have been placed in ballot boxes must be taken out by the managers of polling places and made up into secured packages; and those packages must be sent, unopened, to the returning officer; and the returning officer must immediately destroy those packages in the presence of a district court judge or a justice of the peace. 153g. application for cancellation of nomination if candidate incapacitated after close of nominations an application may be made for the cancellation of the nomination of a candidate if,— in the case of a candidate whose name is included on a list submitted under section 127, the candidate becomes incapacitated after the submission of the list and before the declaration required by section 193(5): in the case of a constituency candidate, the candidate becomes incapacitated after the close of nominations and before the declaration of the result of the poll. an application under subsection (1) must be made as follows: if the candidate was nominated under section 143,— the application must be made by the 2 registered electors who nominated the candidate or, if either or both of them are unavailable or unable to act for any reason, then by the candidate’s agent: the application must be made to the returning officer for the district: if the candidate was nominated in a bulk nomination schedule or in accordance with section 146k, or is a candidate whose name is included on a list submitted under section 127,— the application must be made by the secretary of the party: the application must be made to the electoral commission. the application must be made on a form provided by the electoral commission, and must be witnessed by a justice of the peace or a solicitor. the application must be accompanied by a certificate signed by a medical practitioner that certifies— as to the candidate’s condition; and that, in the practitioner’s opinion, the candidate is incapacitated within the meaning of section 151a. the application— must be submitted to the returning officer or, as the case requires, the electoral commission— as soon as practicable after the candidate becomes incapacitated; and before the declaration of the result of the poll; and may be submitted by hand, post, or electronically. 153h. how application under section 153g to be dealt with on receiving an application made under subsection (1) of section 153g, the returning officer or, as the case requires, the electoral commission must, without delay, determine whether or not the candidate became incapacitated in the circumstances set out in that subsection. for the purpose of making a determination under subsection (1), the returning officer or electoral commission may make any inquiries, and seek any assistance (including, without limitation, expert medical assistance), that the returning officer or electoral commission considers necessary. if, before the declaration of the result of the poll, the returning officer or electoral commission determines that the candidate became incapacitated in the circumstances set out in section 153g(1), the returning officer or electoral commission must cancel the candidate’s nomination. if the returning officer or electoral commission has not made a determination under subsection (1) before the declaration of the result of the poll, the application is to be treated as having been declined. as soon as practicable after making a determination under subsection (1), the returning officer or electoral commission must inform the applicant or applicants of that determination. subpart 11. candidates’ meetings 154. use of public schoolrooms for election meetings any candidate at an election may, for the purpose of holding public meetings of electors for electoral purposes during the period of an election, use free of charge, other than the cost of lighting and heating, and of cleaning after use, and of repairing any damage done, any suitable room in any public primary school or intermediate school or secondary school after the ordinary school hours, subject to the following provisions: 3 days’ notice of the proposed public meeting shall be given to the governing body of the school: the use of the school shall be granted in the order of receipt of applications by or on behalf of the candidates: no candidate shall have the use of the same room on a second occasion if any other candidate who has not before used it desires to make use of it at the same time under this section. if it is proved that any such meeting was not a public meeting within the meaning of this section, the person by whom and the candidate on whose behalf the meeting was convened shall each be liable on conviction to a fine not exceeding $1,000. for the purposes of this section, the term candidate means— any person who has declared his or her intention of becoming a candidate either by advertisement in a newspaper, or by circular, or by announcement at a public meeting, or by duly consenting to nomination, but does not include a candidate who has withdrawn his or her nomination; or any person whose name has been included in a list submitted under section 127. subpart 12. polling at elections 155. power to appoint polling places in respect of each election, the electoral commission may from time to time, subject to subsections (2) to (4), appoint polling places for any district, and may revoke, alter, or add to any such appointment. the polling places appointed for any district may include polling places that are not within the limits of that district. no polling place shall be appointed in any licensed premises under the sale and supply of alcohol act 2012 that will, at any time on polling day, be open for the sale, supply, or consumption of alcohol (within the meaning of section 5(1) of the sale and supply of alcohol act 2012). at least 12 polling places within the limits of each district shall have access that is suitable for persons who are physically disabled. the electoral commission may make the details of every appointment, revocation, alteration, or addition publicly available by any means that the electoral commission considers appropriate. subsection (5) does not limit section 147. 156. use of public schools as polling places any public primary school or intermediate school or secondary school may be appointed to be a polling place under section 155, and in every such case it shall be the duty of the governing body of the school to place it at the free disposal of the returning officer from 4 pm on the day before polling day and for the whole of polling day. the cost of cleaning any part of a school used as a polling place, the cost of lighting and heating used on polling day, and the cost of repairing any damage arising from the use of a school as a polling place, shall be defrayed by the returning officer out of money to be appropriated by parliament. 157. materials for polling places the returning officer must ensure that each polling place has the following things for the purposes of the poll: 1 or more inner compartments to enable voters to vote in secret: in each inner compartment, suitable facilities for the marking of ballot papers: 1 or more ballot boxes: 1 or more copies of the main roll and supplementary rolls for the district: a sufficient number of ballot papers. the returning officer must ensure that there is displayed prominently in every polling place either— the name of each political party that submitted a list in accordance with section 127 and, under the name of each political party, the names of the political party’s list candidates in the political party’s order of preference (up to a maximum of 65 candidates); or copies of the information sent to electors under section 147(5). 158. appointment of polling place officials the returning officer must, for each polling place, appoint in writing as many polling place officials as the returning officer thinks are required for the conduct of the poll, and the preliminary count of votes, at that place. the returning officer must, in relation to each polling place, designate, by notice in writing, one of the polling place officials as the manager of the place. the returning officer may, in relation to each polling place,— authorise in writing 1 or more polling place officials to issue ballot papers at the place; and designate in writing 1 or more of the polling place officials as interpreters; and authorise in writing or, if the appointment is made on polling day, orally, any person to act for the manager of the polling place in case of the manager’s absence. the returning officer for an electoral district may delegate his or her duties and powers under subsections (1) to (3) to a returning officer for another electoral district. the state sector act 1988 does not apply to a person appointed under this section. 158a. polling place officials under direction of electoral commission and returning officer the electoral commission and the returning officer may each give oral or written directions to all or any polling place officials. every polling place official must exercise or perform his or her powers, duties, and functions in accordance with any directions given by the electoral commission or the returning officer. 159. exercise of powers and duties of polling place officials the returning officer may exercise in person all the powers, duties, and functions of a manager of a polling place. a person authorised under section 158(3)(c) has, while acting for a manager of a polling place, all the powers, duties, and functions of the manager. every polling place official must, before being allowed to act, make a declaration in form 1 before the returning officer, or a justice of the peace, or a solicitor, or the manager, or an issuing officer of the polling place concerned. 159a. interpreters whenever the returning officer designates polling place officials as interpreters, the returning officer must, at the request of a candidate, give the candidate the names of the interpreters. regulations made under section 267 may prescribe procedures governing the use of interpreters. 160. scrutineers each constituency candidate may appoint 1 or more scrutineers for each polling place at any election. if, at an election in a district, no constituency candidate is standing for a political party that is listed in the part of the ballot paper that relates to the party vote, the secretary of the party may appoint 1 or more scrutineers for each polling place in the district. every appointment of a scrutineer— must be in writing; and must be signed by the constituency candidate or, as the case requires, the secretary of the party. every scrutineer must, before being allowed to act, make a declaration in form 1 before the returning officer, or a justice of the peace, or a solicitor, or the manager, or an issuing officer of the polling place concerned. the number of scrutineers for a candidate or for a political party who may be present in a polling place may not exceed the number of issuing officers designated for the polling place. a scrutineer may at any time during the hours of polling leave and re-enter the polling place for which he or she is appointed. nothing in this act renders it unlawful for a scrutineer to communicate to a person information as to the names of persons who have voted. no candidate may act as a scrutineer under this section. 161. hours of polling the poll at every election shall commence at 9 am on polling day, and, except as otherwise provided in this act, shall finally close at 7 pm on the same day. every elector who at the close of the poll is present in a polling place for the purpose of voting shall be entitled to receive a ballot paper and to mark and deposit it in the same manner as if he or she had voted before the close of the poll. 162. employees to have time off to vote subject to the provisions of this section, on the polling day at any election every employer shall allow every worker in his or her employment who is an elector of any electoral district in which the election is being held, and who has not had a reasonable opportunity of voting before commencing work, to leave his or her work for the purpose of voting not later than 3 o’clock in the afternoon for the remainder of the day, and it shall not be lawful for any employer to make any deduction from any remuneration payable to any such worker in respect of any time after the time of his or her leaving his or her work as aforesaid. where any such worker is required to work after 3 o’clock in the afternoon of polling day for the purpose of carrying on any essential work or service, his or her employer shall on that day allow the worker to leave his or her work for a reasonable time for the purpose of voting, and it shall not be lawful for the employer to make any deduction from any remuneration payable to the worker in respect of any time, not exceeding 2 hours, occupied in voting as aforesaid. every person commits an offence and shall be liable on conviction to a fine not exceeding $1,000 who contravenes subsection (1) or subsection (2). every master of a ship that happens to be in any port in new zealand at the time of any general election or by-election in any district, at the request of any of the crew being registered or qualified to be registered as electors of that district, shall allow them to go ashore at a proper time to admit of their voting at the election; and every master who without reasonable cause commits any breach of this subsection shall be liable on conviction to a fine not exceeding $1,000. for the purposes of this section,— employer has the same meaning as in section 5 of the employment relations act 2000 master, in relation to any ship, includes any person (except a pilot) having command or charge of the ship worker has the same meaning as that given to employee in section 6 of the employment relations act 2000. this section shall bind the crown. subpart 13. voting 163. ballot box to remain closed during poll the manager of the polling place shall, before the opening of the poll, and in sight of any of the scrutineers present,— see that the ballot box is empty; and close the ballot box; and ensure that the ballot box is sealed or locked in such a manner as to prevent it being opened without breaking the seal or lock. subject to subsection (3), the ballot box, after being sealed or locked in accordance with subsection (1), shall not again be opened until after the close of the poll. if the ballot box becomes full and no other ballot box is available, the manager of the polling place, in sight of any of the scrutineers present, may open the ballot box and compress the papers in it. where a ballot box is opened pursuant to subsection (3), the manager of the polling place shall, after compressing the papers and in sight of any of the scrutineers present,— close the ballot box; and ensure that the ballot box is sealed or locked in such a manner as to prevent it being opened without breaking the seal or lock. 164. persons not to remain in polling places no person not actually engaged in voting may remain in a polling place other than the following: the returning officer: polling place officials: scrutineers: any other person with the permission of the returning officer. 165. voters not to be communicated with in polling place no scrutineer or other official or unofficial person shall communicate with any voter in a polling place either before or after the voter has given his or her vote, except only the issuing officer (with an interpreter if necessary), who may ask the questions he or she is authorised to put, and give such general directions as may assist any voter to give his or her vote, and in particular may on request inform a voter orally of the names of— all the constituency candidates in alphabetical order with their party designations; and all the parties in alphabetical order who have submitted a party list, and the names of the candidates on each list in the order of preference submitted by the party in accordance with section 127. every person who offends against this section shall be liable on conviction to a fine not exceeding $400 and may at once be removed from the polling place by order of the manager. 166. questions may be put to voters the issuing officer may, and if so required by any scrutineer shall, before allowing any person to vote, put to that person the following questions: are you the person whose name appears as ab in the electoral roll now in force for the [name of district] electoral district? have you already voted at this election in this or any other electoral district? in every such case the issuing officer shall require the questions to be answered in writing signed by the person to whom they are put. every person to whom those questions are put who does not answer them, or does not answer the first in the affirmative and the second in the negative, shall be liable on conviction to a fine not exceeding $1,000, and shall be prohibited from voting then or afterwards at that election. every person who wilfully and knowingly makes a false answer to either of the questions that the issuing officer may put to that person under this section shall be liable on conviction to a fine not exceeding $1,000. 167. issue of ordinary ballot papers every issuing officer must, in accordance with this section, issue ballot papers to every elector who applies to vote. an elector who applies to vote must— verbally give or verbally confirm his or her name; and give or confirm any other particulars that may be necessary to find the elector’s name on the rolls. if an elector is unable to comply with the requirement in subsection (2)(a) because of an inability to understand english or because of a physical disability, the elector may comply with that requirement by— gesture; or any other means with the assistance of a person nominated by the elector who is present with the elector. if the name of the elector is on the rolls, the issuing officer must— mark the rolls to indicate that the elector has applied to vote: if the consecutive number printed on the ballot paper can be read without the aid of technology, ensure that a piece of gummed paper is firmly fixed over the consecutive number on the ballot paper to conceal it effectively: write on the counterfoil of the ballot paper— the issuing officer’s initials; and the number of the page, and the number of the line, on which the elector’s name appears on the roll: ensure that the official mark of the issuing officer is placed on the ballot paper to indicate that it was issued by an authorised person: issue the ballot paper to the elector. every person commits an offence and is liable on conviction to a fine not exceeding $1,000 who, being an issuing officer, fails to comply with the requirements of this section. 168. method of voting the voter, having received a ballot paper,— shall immediately retire into one of the inner compartments provided for the purpose; and shall there alone and secretly vote— by marking the party vote with a tick within the circle immediately after the name of the party for which the voter wishes to vote; and by marking the electorate vote with a tick within the circle immediately before the name of the constituency candidate for whom the voter wishes to vote. where the ballot paper comprises only a party vote or only an electorate vote, the provisions of subsection (3) shall apply instead of subsection (1). the voter, having received a ballot paper,— shall immediately retire into one of the inner compartments provided for the purpose; and shall there alone and secretly vote either— by marking the party vote with a tick within the circle immediately after the name of the party by which the voter wishes to vote; or by marking the electorate vote with a tick within the circle immediately before the name of the constituency candidate for whom the voter wishes to vote. every voter shall, before leaving the inner compartment, fold the ballot paper so that the contents cannot be seen, and shall then deposit it so folded in the ballot box. nothing in this section limits the provisions of section 178(5)(a)(ii). 169. spoilt ballot papers any voter who, not having deposited his or her ballot paper, in the ballot box, satisfies the issuing officer that the voter has spoilt it by inadvertence may be supplied with a fresh ballot paper, but only after the spoilt one has been returned to the issuing officer. the issuing officer shall— cancel every such spoilt ballot paper by writing across the face thereof the words “spoilt by voter, and a fresh ballot paper issued” and writing his or her initials thereon: if any ballot paper is inadvertently spoilt by the issuing officer or any other official, cancel it by writing across the face thereof the words “spoilt by official” and also the words “and a fresh ballot paper issued” if that is the case, and writing his or her initials thereon: retain all spoilt ballot papers in his or her possession until the close of the poll. 170. blind, disabled, or illiterate voters any elector who is wholly or partially blind, or (whether because of physical handicap or otherwise) is unable to read or write or has severe difficulty in reading or writing, or is not sufficiently familiar with the english language to vote without assistance, may vote in accordance with the provisions of this section. at the request of any such voter, any person nominated by the voter, or, if no person is so nominated, the issuing officer, shall accompany the voter into one of the inner compartments provided for the marking of ballot papers, and the ballot paper may there be marked by the voter with the assistance of the person nominated or, as the case may be, of the issuing officer, or may be marked by the person nominated or, as the case may be, by the issuing officer in accordance with the instructions of the voter. a voter to whom subsection (2) applies, whether or not he or she nominates a person for the purposes of that subsection, may nominate a person or another person, as the case may require, to inspect the ballot paper before it is deposited in the ballot box. any elector voting as a special voter may vote in the manner prescribed by this section, with any necessary modifications, or in any manner prescribed by regulations made under this act. every person commits an offence, and shall be liable on conviction to a fine not exceeding $1,000, who, being a person who is present in accordance with this section or with any regulations when an elector votes, communicates at any time to any person any information obtained as to the constituency candidate or party for whom the voter is about to vote or has voted, or as to the number on the ballot paper given to the voter. regulations made under section 267 may make provision for electors who are wholly or partially blind to vote by means of devices that enable them to vote without assistance despite the fact that they are wholly or partially blind. 171. procedure when second vote given in same name if any person proposing to vote at any election gives as his or her name the name of any person to whom a ballot paper has already been given at the same election, he or she shall be dealt with in all respects in like manner as any other voter: provided that the ballot paper of any such person shall not be deposited in the ballot box or allowed by the issuing officer, but shall be set aside for separate custody. subpart 14. special voting 172. voting by special voters notwithstanding anything to the contrary in this act, a special voter may vote at such place (whether at a polling place or not and whether in or outside new zealand), at such time, in such manner, and upon or subject to such conditions as may be prescribed in that behalf by regulations made under this act. different methods of voting may be prescribed for different classes of special voters. the ballot papers for use by special voters or by any class of special voters may be in such form as is prescribed by regulations, and the consecutive numbers of the special ballot papers for any district may be in a different series from that used for the ordinary ballot papers. the special vote ballot papers may contain the logos submitted in accordance with section 127(7) and (8) or section 143(3a) and (4) or section 146e(4) and (5) or a depiction of those logos in black and white; but nothing in this act requires the inclusion of those logos on the special vote ballot papers. each constituency candidate may, by writing under his or her hand, appoint 1 or more scrutineers to be present at the office of the registrar of electors when he or she is performing his or her duties in relation to declarations in respect of special votes. every scrutineer shall, before being allowed to act, make a declaration in form 1 before the registrar of electors or the returning officer or a justice of the peace or a solicitor. where a constituency candidate appoints more than 1 scrutineer under subsection (4), not more than 1 scrutineer for that candidate shall be present at the office of the registrar of electors at any time. no candidate shall act as scrutineer under this section. subject to the provisions of this section and section 61, and to the provisions of any regulations made for the purposes of this section, all the provisions of this act shall, as far as applicable and with the necessary modifications, apply with respect to voting by special voters and to their votes. 173. voting by special voters on tokelau, campbell island, and raoul island, in ross dependency, and on fishing vessels [repealed] 173a. special voting by facsimile [repealed] subpart 15. preliminary count of votes preliminary count of votes cast in polling place the manager of every polling place must, as soon as practicable after the close of the poll, in the presence of any scrutineers (including those lawfully in the polling place under any other act) and the polling place officials, but of no other person, arrange for a preliminary count of the votes to be conducted in accordance with this section. for the purposes of the preliminary count, all ballot papers must be taken from the ballot boxes to ascertain, as the case may require,— the number of votes received by each party listed in the part of the ballot paper that relates to the party vote; or the number of votes received by each candidate listed in the part of the ballot paper that relates to the electorate vote; or both. for the purposes of subsection (2), the following votes must be set aside as informal: any party votes that do not clearly indicate the party for which the voter desired to vote: any electorate votes that do not clearly indicate the candidate for whom the voter desired to vote. as soon as possible after ascertaining a result of the voting, the manager must ensure that the result is reported to the returning officer. if a referendum has, under any act, been taken with the poll, the manager must ensure that the preliminary count of the party votes and the electorate votes, and the reports under subsection (4) take priority over the counting of the votes of the referendum. 174a. ballot papers, etc, to be compiled, certified, and sent to returning officer after completing the preliminary count under section 174, the manager of the polling place must— ensure that the following documents are enclosed in 1 or more parcels: the used ballot papers: the ballot papers set aside under section 171: the certified copies of the main roll and supplementary rolls that have been marked by issuing officers to indicate the persons who applied to vote: all the counterfoils of ballot papers that have been issued to voters and all the unused ballot papers: all the spoilt ballot papers; and ensure that each parcel is properly secured and endorsed with a description of its contents, the name of the district, the name or other identifier of the polling place, and the date of the polling; and ensure that 1 or more certificates are prepared that certify— the number of votes received by each party (if applicable): the number of votes received by each candidate (if applicable): the number of informal party votes: the number of informal electorate votes: the number of ballot papers set aside under section 171: the number of spoilt ballot papers: the number of ballot papers issued to special voters: the number of unused ballot papers: the total number of ballot papers allocated for use at the polling place; and sign, and invite each scrutineer who is present to sign, every endorsement prepared under paragraph (b) and every certificate prepared under paragraph (c). the manager must ensure that all parcels mentioned in this section are sent to the returning officer without delay. this section does not prevent any of the documents referred to in subparagraphs (ii) to (v) of subsection (1)(a) from being placed in 1 or more parcels before the preliminary count under section 174 has commenced or while it is in progress. 174b. no preliminary count if fewer than 6 ordinary ballot papers issued if, at any election, the number of ordinary ballot papers issued for a district at a polling place is smaller than 6, the manager of the polling place must, after the close of the poll, arrange for the secure dispatch of those ballot papers to the returning officer for the district. this section overrides sections 174 and 174a. 174c. preliminary count of early votes in this section and in sections 174d to 174g, early votes means special votes that— are delivered or sent to the returning officer on or before polling day; and were, in accordance with regulations made under this act, issued in substantially the same manner as ordinary ballot papers are issued under section 167. the returning officer must, in the presence of any scrutineers appointed under section 174f and any of the returning officer’s assistants, but of no other person, conduct, in accordance with this section, a preliminary count of early votes. the returning officer must take the early votes and ascertain, as the case may require,— the number of votes received by each party listed in the part of the ballot paper that relates to the party vote; or the number of votes received by each candidate listed in the part of the ballot paper that relates to the electorate vote; or both. for the purposes of subsection (3), the returning officer must set aside as informal— all party votes that do not clearly indicate the party for which the voter desired to vote: all electorate votes that do not clearly indicate the candidate for whom the voter desired to vote. a count under this section must be commenced,— if the conditions stated in section 174d(2) apply, as soon as practicable after 2 pm on polling day; or if those conditions do not apply, as soon as practicable after the close of the poll. if a referendum has, under any act, been taken with the poll, the returning officer must ensure that the count, under this section, of party votes and electorate votes takes priority over the counting of the votes of the referendum. 174d. conditions for counting early votes before close of poll in this section and in sections 174e to 174g, restricted area means an area, in the office of the returning officer, that— is designated by the returning officer for the purpose of the count of early votes; and has features that— preclude persons who are not in the area from seeing or hearing any aspect of the count; and permit the returning officer to control persons who wish to enter or leave the area. the conditions referred to in section 174c(5)(a) are as follows: the electoral commission has authorised the returning officer to commence the count before the close of the poll: the count is to be conducted in a restricted area: on every entrance to the restricted area there is a notice stating that it is an offence, without the express authorisation of the returning officer, to enter the area: on every exit from the restricted area there is a notice stating that it is an offence, without the express authorisation of the returning officer, to leave the area. 174e. maintenance of secrecy of count of early votes on polling day, no person (other than a scrutineer appointed under section 174f) may, without the express authorisation of the returning officer, enter a restricted area. on polling day, a person who enters, whether with or without authorisation, a restricted area may not leave the area before the close of the poll without the express authorisation of the returning officer. the electoral commission may issue instructions to returning officers setting further requirements for the purpose of maintaining the secrecy of counts conducted before the close of the poll. the returning officer must ensure that all persons who take part in the counts conducted before the close of the poll are familiar with any instructions issued under subsection (3), and the returning officer and those persons must comply with those instructions. 174f. scrutineers for count of early votes each constituency candidate may appoint a scrutineer to attend at the count of early votes conducted under section 174c. every appointment of a scrutineer— must be in writing; and must be signed by the constituency candidate. every scrutineer must, before being allowed to attend at the count, make a declaration in form 1 before the returning officer or a justice of the peace or a solicitor. if the count is conducted before the close of the poll, every scrutineer appointed under this section may enter and be present in the restricted area from 1.30 pm on polling day until the conclusion of the count. no scrutineer may, before the close of the poll, enter a restricted area with a device that enables information to be conveyed to a person or machine outside the area. if a scrutineer fails to comply with subsection (5) or an instruction issued under section 174e(3) and communicated to the scrutineer, the returning officer may— refuse to allow the scrutineer to enter the restricted area; or require the scrutineer to leave the restricted area. 174g. offences in relation to count of early votes conducted before close of poll every person commits an offence and is liable on conviction to a fine not exceeding $2,000 who,— not being a scrutineer appointed under section 174f, enters, on polling day, a restricted area without the express authorisation of the returning officer; or being a scrutineer appointed under section 174f, enters, on polling day, a restricted area with a device that enables information to be conveyed to a person or machine outside the area; or leaves, on polling day, a restricted area without the express authorisation of the returning officer. every person commits an offence and is guilty of a corrupt practice who, being or having been in a restricted area, discloses, before the close of the poll, to any person outside the area any information about the results of a count of early votes conducted under section 174c. subpart 16. scrutiny of the rolls 175. scrutiny of the rolls the returning officer— shall make arrangements for a scrutiny of the rolls as soon as practicable after the close of the poll; and shall give notice in writing to each of the constituency candidates or their scrutineers of the time and place at which the returning officer will commence the scrutiny. each constituency candidate may appoint 1 or more scrutineers to be present at the scrutiny of the rolls. every scrutineer must, before being allowed to act, make a declaration in form 1 before an electoral commissioner, the returning officer, a justice of the peace, or a solicitor. where a constituency candidate appoints more than 1 scrutineer to be present at the scrutiny of the rolls, only 1 scrutineer for that candidate, or such greater number as is permitted by the returning officer, shall be present at the scrutiny of the rolls at any time. the only persons who may be present at the scrutiny are— an electoral commissioner: the returning officer: any assistant of the electoral commissioner or of the returning officer: any expert or technician who provides advice or support to the electoral commissioner or to the returning officer for the purpose of the scrutiny: any scrutineer. no candidate shall act as scrutineer under this section. a scrutineer may be appointed under this section electronically. 176. marked copies of rolls to be compared the returning officer or the electoral commissioner must, in the presence of any assistants, experts, or technicians and any scrutineers that are entitled to be present under this act or any other act, but of no other person,— compare (either manually or by any electronic means)— all the certified copies of the main roll and supplementary rolls that have been marked to indicate the persons who applied to vote; and all records of special votes exercised; and the list of post-writ day deletions supplied to the returning officer by the registrar of electors under section 123(b); and compile a master roll by marking (either manually or by any electronic means) on an unmarked copy of the main roll and on every supplementary roll the number and name of any elector— who is shown on any of the certified copies of the rolls as having received a ballot paper; or who is shown in any record of special votes issued as having received a ballot paper; or whose name is shown on the list of post-writ day deletions. if on that comparison or from the checking of declarations in respect of special votes or from the report of a manager of a polling place on the ballot papers set aside under section 171, and after any inquiry the returning officer considers necessary, it appears that the same voter has received more than 1 ballot paper, the returning officer must,— in the presence of any assistants and any scrutineers that choose to be present, but of no other person, open the parcel or parcels of ballot papers that are likely to contain the ballot papers issued to the voter; and select from the parcel or parcels the ballot papers that appear from their consecutive numbers and counterfoils to have been issued to that voter; and subject to subsection (3), disallow every vote that appears to have been given by means of the ballot papers so selected. notwithstanding subsection (2)(c), if the returning officer is satisfied— that 1 and only 1 of the ballot papers was lawfully received by the voter entitled thereto; and that the voter entitled thereto was not in any way concerned in the issue of the other ballot paper or ballot papers,— the returning officer shall allow the vote of that voter and shall disallow the other vote or votes. if, on the comparison with all the certified copies of the main roll and supplementary rolls on which the fact of any person having received a ballot paper has been noted, and all records of special votes exercised in respect of the district, and the list of post-writ day deletions, it appears that any person has received a ballot paper by giving a name shown on the list of post-writ day deletions, the returning officer— must, in the presence of any assistants and any scrutineers that choose to be present, but of no other person, open the parcel or parcels of ballot papers that are likely to contain the ballot papers issued to the voter; and must select from the parcel or parcels the ballot papers that appear from their consecutive numbers and counterfoils to have been issued to that voter; and subject to subsections (5) and (6), shall disallow every vote appearing to have been given by means of any ballot paper so selected. notwithstanding subsection (4)(c), but subject to subsection (6), if the returning officer is satisfied that the name by which a ballot paper selected under subsection (4)(b) was received was entered on the list of post-writ day deletions by mistake or clerical error or as a result of false information, he or she shall allow each vote given by means of that ballot paper. notwithstanding subsections (4) and (5), if— the returning officer is satisfied that the name by which a ballot paper selected under subsection (4)(b) was received was entered on the list of post-writ day deletions by mistake or clerical error or as a result of false information; and more than 1 ballot paper was received by the giving of a name shown on the list of post-writ day deletions; and the returning officer is satisfied— that 1 and only 1 of the ballot papers was lawfully received by the voter entitled thereto; and that the voter entitled thereto was not in any way concerned in the issue of the other ballot paper or ballot papers,— the returning officer shall allow the vote of that voter and shall disallow the other vote or votes. [repealed] except in the case of the ballot papers so selected therefrom, the returning officer shall inspect only the consecutive numbers on the ballot papers in the several parcels so opened, and shall so cover the ballot papers that no person present shall have the opportunity of determining the party or constituency candidate for whom any particular voter has voted. 177. parcels to be secured after scrutiny when the returning officer has selected from any parcel all the ballot papers he or she is required to select therefrom, he or she shall forthwith, in the presence of his or her assistants (if any) and such scrutineers as are present, but of no other person, close and secure the parcel, and shall endorse thereon a memorandum of the fact of the ballot papers having been selected from that parcel, specifying the same by the name of the person to whom the same appear to have been delivered, and shall sign the endorsement with his or her name. the returning officer shall set aside all ballot papers selected by him or her from any parcel as herein provided, and shall in the presence of his or her assistants (if any) and such scrutineers as are present, but of no other person, secure those ballot papers in a separate parcel, and shall endorse the parcel with a description of the contents thereof, and shall sign the endorsement with his or her name. subpart 17. official count and declaration of poll 178. counting the votes on or before the completion of the scrutiny under section 175, the returning officer, with any assistants the returning officer considers necessary, and in the presence of any of the scrutineers appointed under section 175 that are present (not exceeding, unless the returning officer otherwise permits, 1 scrutineer for each candidate) and also in the presence of a justice (who is to attend at the request of the returning officer), but of no other person, must select and open one of the parcels of used ballot papers referred to in section 174a(1)(a)(i). the procedure set out in subsection (1) need not be delayed until the inquiries under section 176(2), or the inquiries as to the qualifications of persons casting a special vote at the election, have been completed, and the ballot papers from any particular polling place may be counted while any inquiries in respect of ballot papers from that place or in respect of the qualifications of persons casting a special vote at the election are being completed, but the count shall not be completed until those inquiries have been completed. no special vote shall be disallowed by reason only of some error or omission on the part of an official, if the returning officer is satisfied that the voter was qualified to vote at the election. where a person who has voted in an election dies before the close of the day before polling day, the returning officer shall, on receiving from a registrar of births and deaths notification of that person’s death, disallow that person’s vote. when the parcel selected under subsection (1) has been opened, the returning officer shall, in the presence of his or her assistants (if any) and the scrutineers and justice as aforesaid, but of no other person, deal with the ballot papers as follows: he or she shall reject as informal— any ballot paper that does not bear the official mark if there is reasonable cause to believe that it was not issued to a voter by an issuing officer; and a ballot paper that does not clearly indicate the constituency candidate or the party, as the case may require, for which the voter desired to vote: provided that no ballot paper or part of the ballot paper shall be rejected as informal by reason only of some informality in the manner in which it or any other part of the ballot paper has been dealt with by the voter if the ballot paper or part of the ballot paper being considered is otherwise regular, and if, in the opinion of the returning officer, the intention of the voter is clearly indicated: provided also that no ballot paper or part of a ballot paper shall be rejected as informal by reason only of some error or omission on the part of an official, if the returning officer is satisfied that the voter was qualified to vote at the election: the returning officer shall then— count, as the case may require, the number of votes received by each party or the number of votes received by each constituency candidate or both; and count the number of party votes rejected as informal; and count the number of electorate votes rejected as informal; and compare the results of the counts conducted under subparagraphs (i) to (iii) with the certificate of the deputy returning officer in respect of the preliminary count; and the returning officer shall then, where necessary, amend the certificate of the polling place manager in respect of the preliminary count; and every such certificate shall be initialled by the returning officer and the justice attending: the returning officer must then endorse on the parcel the name or other identifier of the polling place where the votes were recorded; and that endorsement must be signed by the returning officer and the justice who attends. despite section 60, if a voter who was qualified to vote as an elector of a particular district votes as if he or she were an elector of another district, the voter’s party vote— may not be disallowed simply because of the voter’s error with regard to the district; and for the purposes of this section and sections 179 to 181, is to be regarded as having been cast by an elector of the other district. the ballot papers from all the parcels shall be dealt with in the manner aforesaid and the ballot papers from one parcel may be so dealt with while those from another parcel or parcels are also being so dealt with. the ballot papers of special voters shall be dealt with in like manner, after which they shall be made up together into a parcel which shall be properly secured and shall be endorsed in the manner hereinbefore described. when all the ballot papers have been dealt with in the prescribed manner, the justice attending shall sign a certificate stating the total number of ballot papers used at the election, the number of votes received by each party or constituency candidate, as the case may require, and the number of informal votes, and that certificate shall be preserved by the returning officer for production when required. where at any count of the ballot papers under this section counting of the ballot papers extends beyond 1 day, the justice attending shall give his or her certificate day by day showing the progress of that counting and describing the parcels counted in his or her presence. 179. declaration of result of poll when the official count under section 178 is completed, the returning officer must give the electoral commission the following information: the total number of valid votes received by each of the parties listed on the party vote part of the ballot paper: the total number of valid votes received by each constituency candidate: the total number of informal party votes: the total number of informal electorate votes. as soon as practicable after receiving from a returning officer the information specified in subsection (1), the electoral commission must declare the results of the official count for the district concerned by publishing in the gazette a notice in form 14. the electoral commission may declare the results for any number of districts on the same day, if the electoral commission considers it appropriate to do so. the electoral commission may make arrangements under which persons with a particular interest in any declaration under subsection (2) are informed of the result, by any means the electoral commission considers appropriate. if there is an equality of votes between constituency candidates for a district and the addition of 1 vote would entitle one of those candidates to be declared elected, the electoral commission must, without delay, apply to a district court judge for a recount under section 180, and all the provisions of that section apply accordingly, except that no deposit is necessary. if on a recount under section 180 there is an equality of votes between constituency candidates and the addition of 1 vote would entitle one of those candidates to be declared elected, the electoral commission must determine by lot which of those candidates is to be elected. subpart 18. recount 180. application to district court judge for recount any constituency candidate for a district may, within 3 working days after the public declaration made under section 179 in respect of that district, apply to a district court judge for the conduct, in respect of that district, of a recount of the electorate votes. any secretary of a political party that is listed on the part of the ballot paper that relates to the party vote may, within 3 working days after the public declaration made under section 179 in respect of a district, apply to a district court judge for the conduct, in respect of that district, of a recount of the party votes. every application under subsection (1) shall be accompanied by a deposit of $1,000 (which deposit shall be inclusive of goods and services tax). every application under subsection (2) shall be accompanied by a deposit of $1,500 (which deposit shall be inclusive of goods and services tax). the district court judge— shall cause a recount of the electorate votes or the party votes, as the case may require, to be commenced within 3 working days after receiving the application; and shall give notice in writing of the time and place at which the recount will be made— to the returning officer; and in the case of an application made under subsection (1), to each of the candidates who may be affected by the recount; and in the case of an application under subsection (2), to each of the political parties that may be affected by the recount. the recount shall be made in the presence of the district court judge or of an officer appointed by the district court judge for the purpose, and shall, as far as practicable, be made in the manner provided in the case of the original count. no person shall be present at the recount except— the district court judge or the officer appointed by the district court judge; and the assistants (if any) of the district court judge or the officer appointed by the district court judge; and the returning officer and the assistants (if any) of the returning officer; and in the case of a recount of electorate votes, the scrutineers appointed under section 175 or section 183(1) (not exceeding, unless the district court judge or the officer appointed by the district court judge otherwise permits, 1 scrutineer for each constituency candidate); and in the case of a recount, made on an application under subsection (2), of party votes, the scrutineers appointed under section 183(2)(a) (not exceeding, unless the district court judge or the officer appointed by the district court judge otherwise permits, 1 scrutineer for each political party); and in the case of a recount, made on an application under section 181(1), of party votes, the scrutineers appointed under section 183(2)(b) (not exceeding, unless the district court judge or the officer appointed by the district court judge otherwise permits, 1 scrutineer for each political party). the district court judge shall have all the powers that the returning officer had on the original count, and may, in addition, review any decision of the returning officer or the registrar of electors in respect of— the checking of special voting declarations; or the allowance or disallowance of special votes. any decision referred to in subsection (8) and any other decision made by the returning officer in the exercise of the returning officer’s powers on the original count may be confirmed, reversed, or set aside by the district court judge. if on the recount the district court judge finds that the public declaration was incorrect, the district court judge shall order the electoral commission to give an amended declaration of the result of the poll. the district court judge may make such order as to the costs of and incidental to the recount as the district court judge thinks just, and, subject to any such order, shall direct that the deposit made under this section be returned to the person who paid it. 181. application by political party for recount in every electoral district any secretary of a political party listed on the part of the ballot paper that relates to the party vote may, instead of making 1 or more separate applications for recounts under section 180(2), apply to the chief district court judge for recounts of the party votes to be conducted in every electoral district. every application under subsection (1) must be made within 3 working days after the date of the last public declaration made under section 179 for any electoral district. every application under subsection (1) shall be accompanied by a deposit of $90,000 (which deposit shall be inclusive of goods and services tax). the chief district court judge shall cause a separate recount of the party votes to be conducted for each electoral district and, for that purpose, shall, within 3 working days after receiving the application for the recounts, arrange, in respect of each recount, for a district court judge to conduct it. each recount conducted under this section shall be conducted in accordance with subsections (5) to (10) of section 180, except that each recount shall be commenced within 3 working days of the date on which the district court judge conducting the recount is assigned that task. at the conclusion of all recounts under this section, the chief district court judge may make such order or orders as to the costs of and incidental to those recounts as the chief district court judge thinks just, and, subject to any such order, shall direct that the deposit made under this section be returned to the person who paid it. 182. ability to combine recounts nothing in section 180 or section 181 requires the electorate votes or the party votes to be the subject of more than 1 recount and, where more than 1 application is received that would involve recounts of the same votes or of both parts of the same ballot papers, those applications may be combined by the district court judge conducting the recount. 183. scrutineers for recounts and allocation of list seats any constituency candidate affected by an application under section 180(1) for a recount of electorate votes in an electoral district may appoint 1 or more scrutineers to be present at the recount. any political party affected— by an application under section 180(2) for a recount of party votes in an electoral district; or by an application under section 181(1) for recounts of the party votes in every electoral district,— may appoint 1 or more scrutineers to be present at any such recount. any political party listed in the part of the ballot paper that relates to the party vote may appoint 1 or more scrutineers to be present during the allocation of list seats by the electoral commission under sections 191 to 193. every scrutineer appointed under this section must, before being allowed to act, make a declaration in form 1 before an electoral commissioner, the returning officer, a justice of the peace, or a solicitor. where a political party appoints more than 1 scrutineer to be present during the allocation of list seats, only 1 scrutineer for that political party, or such greater number as is permitted by the electoral commission, shall be present at any one time. no candidate shall act as a scrutineer under this section. a scrutineer appointed under this section may be appointed by facsimile transmission. 184. ballot papers and certificate to be compared on recount at any recount made as aforesaid the returning officer shall produce to the district court judge all the used ballot papers, together with the justice’s certificate stating the total number of ballot papers used at the election. if, on comparing the number of ballot papers stated in the certificate with the ballot papers used at the election, the district court judge finds that any of the ballot papers have been lost, stolen, or in any way interfered with during the interval between the official count and the recount, the official count made by the returning officer shall be deemed to be correct, and the result of the poll declared accordingly. where in any such case there is an equality of votes between constituency candidates and the addition of a vote would entitle one of those constituency candidates to be declared elected, the electoral commission must determine by lot which candidate shall be elected. subpart 19. return of writ 185. endorsement and return of writ as soon as practicable after the electoral commission has, under section 179(2), declared the result for every district, an electoral commissioner must, on behalf of the electoral commission,— endorse on the writ— the full name of every constituency candidate declared to be elected; and the date of the endorsement; and sign the writ; and immediately after endorsing and signing the writ, transmit the writ to the clerk of the house of representatives. the date endorsed on the writ under subsection (1) is the day of the return of the writ. the writ must be returned within the time specified in the writ for its return. if any application for a recount of the votes for any constituency candidates has been made, the electoral commission must postpone the return of the writ until the completion of every recount. if, at any time before the expiry of the time for an application for a recount of the votes for constituency candidates, it appears to the electoral commission that such an application may be made, the electoral commission may postpone the return of the writ until that expiry. subsections (4) and (5) prevail over subsections (1) to (3). 186. electoral commission may correct writ if the electoral commission is satisfied that the name of a member elected to represent an electoral district is not correctly recorded on the writ, an electoral commissioner may, on behalf of the electoral commission, before or after complying with the requirements of section 185(1), make any alterations to the writ necessary to ensure that the member’s name is correctly recorded. before making a correction under subsection (1), the electoral commissioner must consult with the member concerned and with the returning officer. if the electoral commissioner makes a correction under subsection (1) after complying with the requirements of section 185(1),— the electoral commission must forward to the clerk of the house of representatives a copy of the writ as corrected; and that copy is to be treated for all purposes as the copy forwarded to the clerk of the house of representatives under section 185(1). subpart 20. disposal of ballot papers 187. disposal of ballot papers, rolls, etc as soon as practicable after giving the electoral commission the information specified in section 179(1), the returning officer must destroy or cause to be destroyed all unused ballot papers. as soon as practicable after complying with the requirements of subsection (1), the returning officer must— enclose or cause to be enclosed in 1 or more packets all parcels that have been received, or made up, by the returning officer and that contain any of the following documents: used ballot papers, including the special voters’ ballot papers: counterfoils of issued ballot papers and counterfoils of unused ballot papers: spoilt ballot papers: ballot papers set aside under section 171 or section 177; and enclose or cause to be enclosed in 1 or more packets the following materials: ballot paper accounts: copies of rolls (except the master roll): books or other papers provided for by this act: all letters and other papers received from any manager of a polling place or issuing officer about special votes; and ensure that each packet is properly secured and endorsed with a description of its contents, the name of the district, the name or other identifier of the polling place, and the date of the polling; and sign the endorsement on each packet; and ensure that every packet is sent to the clerk of the house of representatives without delay. the clerk of the house of representatives shall forthwith give or send to the returning officer a receipt under his or her hand for the said packets and parcel. the returning officer shall attach to the master roll a list which shall set out the names and addresses of all special voters whose names were not on the printed roll (other than those whose names were not on that roll by virtue of section 115) and which shall indicate the special voters whose votes have been disallowed. the master roll, and the attached list, shall then be sent by the returning officer to the registrar of electors for the district. the registrar of electors shall keep the master roll, and the attached list, until the next general election. any registered elector of the district may inspect any master roll, and the attached list, at the registrar’s office without payment of any fee at any time when the office is open for the transaction of business. 188. annotation of list of special voters a constituency candidate at an election who applies for a recount of the votes or a person who files an election petition may, by notice in writing to the returning officer, require the returning officer forthwith to annotate the list attached to the master roll pursuant to section 187(3): provided that this subsection shall not apply where the returning officer receives the notice after he or she has forwarded to the clerk of the house of representatives the packets required, by section 187(1)(b), to be forwarded to the clerk of the house of representatives. the annotations shall show, in relation to each special voter whose vote is shown on the list as having been disallowed, the reason for the disallowance of the vote. the annotated list shall be sent by the returning officer to the registrar of electors for the district. any registered elector of the district may inspect the annotated list at the registrar’s office without payment of any fee at any time when the office is open for the transaction of business. 189. disposal of packets the packets and parcels must be safely kept for 6 months unopened, unless a court of competent jurisdiction or the house of representatives orders them, or any of them, to be opened. at the end of 6 months, the packets and parcels must be destroyed unopened in the presence of the clerk of the house of representatives and an electoral commissioner. despite subsection (2), a packet or parcel may not be destroyed so long as the packet or parcel is, or may reasonably be expected to be, required for the purposes of an investigation into, or a prosecution of, an offence against this act. 190. papers taken from parcels as evidence in certain cases any ballot paper, and any copy of a roll, and any book purporting to be taken from any such parcel as aforesaid, and having written thereon respectively, under the hand of the clerk of the house of representatives, a certificate of the several particulars by this act required to be endorsed on the parcel, shall be conclusive evidence in any court or before any committee of the house of representatives that it was so taken and that it, if a ballot paper, was deposited and, if a roll or book, was kept or used at the election and polling place to which the endorsement and writing relate. every ballot paper so certified shall be evidence of a vote given at the poll, and of the correspondence of the number appearing on the ballot paper with the number appearing on any roll so certified as of the same election and polling place, according to the tenor of the said ballot paper. but, in the case of the ballot papers set aside or selected by an issuing officer or by the returning officer, the correspondence shall be evidence only of some person having voted in the name appearing on the roll. subpart 21. list seats 191. election of other members when the electoral commission has received from all returning officers the information required by section 179(1) to be forwarded to the electoral commission, the electoral commission must proceed to determine which of the candidates whose names have been included in party lists submitted pursuant to section 127 have been elected. the electoral commission must first ascertain from the information given under section 179(1)(a) the total number of all the party votes received by each of the parties listed on the part of the ballot paper that relates to the party vote. the electoral commission must enter those totals in separate columns under the name of each party in a working sheet in the manner prescribed in form 15. the electoral commission must disregard any total under the name of any party that— has not achieved a total that is at least 5% of the total number of all the party votes received by all the parties listed on the part of the ballot paper that relates to the party vote; and is a party in respect of which no constituency candidate who is either— a candidate for that party; or a candidate for a component party of that party (being a component party that is not listed on the part of the ballot paper that relates to the party vote but is, in accordance with the details held by the electoral commission under any of the provisions of sections 127(3a) and 128a, a component party of that party)— has had his or her name endorsed on the writ pursuant to section 185 as a person declared to be elected as a member of parliament. where the electoral commission disregards the name of a party in accordance with subsection (4), that party shall, for the purpose of this section and sections 192 and 193, be deemed to have been deleted from the list of parties included in the part of the ballot paper that relates to the party vote. the electoral commission must then proceed to divide each of the remaining totals successively by a series of numbers beginning with 1, 3, 5, 7, 9, 11, 13 and thereafter by every odd number as may be necessary to ensure that the number of seats required to be allocated by this section and sections 192 and 193 are allocated. the quotient of each successive division shall be recorded on the working sheet. once the quotient of each successive division is entered on the working sheet, the electoral commission must then proceed to ascertain from a comparison of all the figures in the working sheet in form 15 listed under the heading “quotients of divisions”, the highest 120 quotients or such lower number as is required by subsection (8). if any person whose name is endorsed on the writ pursuant to section 185 as a person declared to be elected as a member of parliament, is— an independent; or a member of a political party that did not appear on the list of parties in that part of the ballot paper that relates to the party vote (not being a political party that is, in accordance with the details held by the electoral commission under any of the provisions of sections 127(3a) and 128a, a component party of a political party that did appear on that list),— the electoral commission must, for the purposes of applying subsection (7), deduct from the number of 120 the number of any such persons. in any case where the lowest of the numbers required to be ascertained under subsection (7) constitutes 2 or more numbers in different columns which are of exactly the same value, the electoral commission must determine by lot which of those numbers is to be selected for the purpose of subsection (7). the electoral commission, having ascertained the numbers required by subsection (7), must cause a circle to be drawn on the working sheet around each of those numbers. 192. determination of party eligibility for list seats having ascertained the numbers required by section 191(7), the electoral commission must then proceed to ascertain the number of seats in parliament to which each remaining party listed in the part of the ballot paper that relates to the party vote is entitled by adding the number of circles in the column of numbers under the name of that party. subject to subsection (3), the electoral commission must then proceed, in respect of each remaining party listed in the part of the ballot paper that relates to the party vote, to deduct from the number of seats to which each party is entitled under subsection (1)— the number of persons who stood as constituency candidates for that party and whose names were endorsed on the writ pursuant to section 185 as having been elected as members of parliament; and the number of persons who stood as constituency candidates for a party that is, in accordance with the details held by the electoral commission under any of the provisions of sections 127(3a) and 128a, a component party of that party and whose names were endorsed on a writ pursuant to section 185 as having been elected as members of parliament. the deduction described in subsection (2)(b) shall not be made in respect of constituency seats gained by a component party that is listed on the part of the ballot paper that relates to the party vote. subject to subsection (5), after the process of deduction described in subsection (2) has been completed in respect of each party, the remainder derived therefrom shall be the number of seats to be allocated to that party from the list of candidates submitted pursuant to section 127. if any party listed in the part of the ballot paper that relates to the party vote has obtained, through the election of any of its constituency candidates or any of the constituency candidates for any party that is, in accordance with the details held by the electoral commission under any of the provisions of sections 127(3a) and 128a, a component party of that party or both, a number of seats that is equal to or greater than the total number of seats in parliament to which it would be entitled under subsection (1), that party shall not be allocated any seats from the list of candidates submitted by that party pursuant to section 127, but the seats of the constituency candidates of that party who have been elected as members of parliament shall not be affected. 193. selection of candidates upon completing the procedures outlined in section 192, the electoral commission must proceed to determine which of the candidates whose names appear on the list submitted pursuant to section 127 by each of the parties listed in the part of the ballot paper that relates to the party vote are entitled to be elected. the electoral commission must determine which candidates are entitled to be elected by selecting those candidates on the list of each party, beginning with the first candidate on the list and ending with the lowest ranking candidate, which are equal in number to the number of seats to which that party is entitled to have allocated from its list submitted pursuant to section 127. in performing the duties required by subsection (2), the electoral commission must disregard the name of any candidate whose name has been endorsed on the writ pursuant to section 185, and the name of that candidate shall be deemed to have been deleted from the list submitted pursuant to section 127. where all the candidates appearing on a list submitted by a party pursuant to section 127 are entitled to be selected, no further candidates for that party may be selected, notwithstanding that the party may be entitled to a greater number of seats than the number of candidates appearing on that list and those seats shall not be filled. the electoral commission must, as soon as practicable after selecting the names of those candidates entitled to be elected,— declare those candidates to be elected by publishing in the gazette the full names of the members elected; and forward to the clerk of the house of representatives a return listing the names of the members elected. notwithstanding any other provision of this section or any provision of sections 191 and 192, the electoral commission may proceed to select the names of those candidates entitled to be elected from lists submitted under section 127, by such method and procedure as the electoral commission thinks fit, including the use of computer technology: provided that, before declaring any candidates to be elected under subsection (5), the electoral commission shall complete the procedures required by sections 191 and 192 and this section. in completing the procedures required by sections 191 and 192 and this section, the electoral commission may use such assistants as the electoral commission considers necessary. 193a. electoral commission may correct list of members elected if the electoral commission is satisfied that the name of a member declared to be elected is not correctly recorded on a return forwarded to the clerk of the house of representatives under section 193(5)(b),— the electoral commission may forward to the clerk of the house a further return that correctly records the member’s name; and that further return— is to be treated for the purposes of section 54(2)(a) as dated the same as the earlier return; and is to be treated for all purposes as the return forwarded to the clerk of the house under section 193(5)(b). the electoral commission may not forward a further return to the clerk of the house under subsection (1)(a) unless the electoral commission has first consulted with the member concerned. subpart 22. maintenance of order at elections 194. manager of polling place to maintain order every manager of a polling place must maintain order and keep the peace at the polling place, and may, without any other warrant than this act,— cause to be arrested and taken before a justice any person reasonably suspected of committing or attempting to commit at the polling place any of the offences set out in section 201; or cause to be removed a person who obstructs the approaches to the polling place or wilfully and unnecessarily obstructs the proceedings at the polling or conducts himself or herself in a disorderly manner or causes a disturbance or wilfully acts in any manner in defiance of the lawful directions of the manager of the polling place. all constables must aid and assist the manager of the polling place in the performance of his or her duty. subpart 23. adjournment of poll 195. adjournment of poll where the polling at any polling place cannot start or has to be suspended whether by reason of riot or open violence, natural disaster, or any other cause, the returning officer may adjourn the taking of the poll at that polling place to the following day, and if necessary from day to day until the poll can be taken, and shall, if he or she adjourns the taking of the poll, forthwith give public notice of the adjournment in such manner as he or she thinks fit. notwithstanding subsection (1), the poll shall not be kept open for more than 10 hours in all at any polling place. where the close of the poll at any polling place is adjourned under this section for any number of days, the day on or before which the writ is made returnable shall be postponed by the same number of days. subpart 24. custody of ballot papers 196. obligation of persons in possession of ballot papers every person who is, other than for the purpose of recording his or her vote, in possession of 1 or more ballot papers must— take all reasonable steps to ensure the safe custody of the ballot papers; and deal with the ballot papers in accordance with— any applicable provisions of this act or regulations made under this act; and in the case of an electoral official or a polling place official, any applicable directions given under section 20a or section 158a; and in the case of a person involved in performing or assisting with the performance of a contract with an electoral official or a polling place official, the terms of the relevant contract and any instructions given by or on behalf of the official. subsection (1) applies to a person involved in performing or assisting with the performance of a contract for the carriage of ballot papers only if the person is aware of that fact or, because of indications on the box, parcel, or packet in which the ballot papers are contained, ought to be aware of the fact. whenever ballot papers are delivered to a returning officer by or on behalf of the printer who has printed the ballot papers,— the returning officer must give or send the printer a receipt specifying the total number of ballot papers received by the returning officer; and the printer must see that all copies of ballot papers other than those delivered to the returning officer are immediately destroyed. every person commits an offence and is liable on conviction to a fine of $2,000 who fails to comply with a requirement imposed on the person by this section. 196a. unlawful possession of ballot paper every person is liable on conviction to a fine not exceeding $2,000 who, without authority under this act or regulations made under this act, obtains possession of any ballot paper. every person commits an offence and is liable on conviction to a fine not exceeding $2,000 who retains any ballot paper in his or her possession after leaving a polling place. subpart 25. offences at elections 197. interfering with or influencing voters every person commits an offence and shall be liable on conviction to a fine not exceeding $20,000 who at an election— in any way interferes with any elector, either in the polling place or while the elector is on the way to the polling place with the intention of influencing the elector or advising the elector as to the elector’s vote: at any time on polling day before the close of the poll in or in view or hearing of any public place holds or takes part in any demonstration or procession having direct or indirect reference to the poll by any means whatsoever: at any time on polling day before the close of the poll makes any statement having direct or indirect reference to the poll by means of any loudspeaker or public address apparatus or cinematograph or television apparatus: provided that this paragraph shall not restrict the publication by radio or television broadcast made by a broadcaster within the meaning of section 2 of the broadcasting act 1989 of— any advertisement placed by the electoral commission or a returning officer; or any non-partisan advertisement broadcast, as a community service, by a broadcaster within the meaning of section 2 of the broadcasting act 1989; or any news in relation to an election: at any time before the close of the poll, conducts in relation to the election a public opinion poll of persons voting before polling day: at any time on polling day before the close of the poll, conducts a public opinion poll in relation to the election: at any time on polling day before the close of the poll, or at any time on any of the 3 days immediately preceding polling day, prints or distributes or delivers to any person anything being or purporting to be in imitation of any ballot paper to be used at the poll and having thereon the names of the candidates or the parties or any of them, together with any direction or indication as to the candidate or party for whom or for which any person should or should not vote, or in any way containing any such direction or indication, or having thereon any matter likely to influence any vote: at any time on polling day before the close of the poll exhibits in or in view of any public place, or publishes, or distributes, or broadcasts,— any statement advising or intended or likely to influence any elector as to the candidate or party for whom the elector should or should not vote; or any statement advising or intended or likely to influence any elector to abstain from voting; or any party name, emblem, slogan, or logo; or any ribbons, streamers, rosettes, or items of a similar nature in party colours: provided that this paragraph shall not apply to any statement, name, emblem, slogan, or logo in a newspaper published before 6 pm on the day before polling day: provided also that where any statement, name, emblem, slogan, or logo which does not relate specifically to the election campaign and which is so exhibited before polling day in a fixed position and in relation to the new zealand or regional or campaign headquarters (not being mobile headquarters) of a political party, it shall not be an offence to leave the statement, name, emblem, slogan, or logo so exhibited on polling day: provided further that this paragraph shall not restrict the publication of any party name in any news which relates to an election and which is published in a newspaper or other periodical or in a radio or television broadcast made by a broadcaster within the meaning of section 2 of the broadcasting act 1989: provided further that this paragraph shall not apply to ribbons, streamers, rosettes, or items of a similar nature, which are worn or displayed by any person (not being an electoral official) on his or her person or on any vehicle in party colours or to a party lapel badge worn by any person (not being an electoral official): at any time on polling day before the close of the poll prints or distributes or delivers to any person any card or paper (whether or not it is an imitation ballot paper) having thereon the names of the candidates or the parties or any of them: exhibits or leaves in any polling place any card or paper having thereon any direction or indication as to how any person should vote or as to the method of voting: subject to any regulations made under this act, at any time on polling day before the close of the poll, within, or at the entrance to, or in the vicinity of, any polling place,— gives or offers to give any person any written or oral information derived from a main or supplementary roll as to any name or number on the main roll or any supplementary roll being used at the election: permits or offers to permit any person to examine any copy of the main roll or any supplementary roll being used at the election. it shall be a defence to a prosecution for an offence against subsection (1)(g) that relates to the exhibition in or in view of a public place of a statement, name, emblem, slogan, or logo, if the defendant proves that— the exhibition was inadvertent; and the defendant caused the exhibition to cease as soon as the defendant was notified by a returning officer or a manager of the polling place that the exhibition was taking place. it is a defence to a prosecution for an offence against paragraph (g) of subsection (1) that relates to the publication on an internet web site of a statement or other material specified in that paragraph, if the defendant proves that— the statement or material was placed on the web site before polling day; and the defendant did not operate or permit the operation of systems that cause the statement or material on the web site to be made available, on polling day, to persons other than persons who voluntarily access the web site; and the defendant did not, on polling day, distribute, broadcast, or exhibit in or in view of a public place, or publish, or at any time cause to be published, in an issue of a newspaper or magazine that is first issued on polling day any material promoting or advertising the web site. nothing in this section shall apply to any official statement or announcement made or exhibited under the authority of this act. 198. power to remove statements, names, emblems, slogans, or logos the returning officer may at any time on polling day before the close of the poll cause to be removed or obliterated— any statement advising or intended or likely to influence any elector as to the candidate or party for whom the elector should or should not vote; or any statement advising or intended or likely to influence any elector to abstain from voting; or any party name, emblem, slogan, or logo,— which is exhibited in or in view of any public place. nothing in subsection (1)(c) shall apply to ribbons, streamers, rosettes, or items of a similar nature which are worn or displayed by any person (whether on his or her person or on any vehicle) in his or her party’s colours or to a party lapel badge worn by any person. nothing in subsection (1) shall apply to a statement, party name, emblem, slogan, or logo which does not relate specifically to the election campaign and which was so exhibited before polling day in a fixed position and in relation to the new zealand or regional or campaign headquarters (not being mobile headquarters) of a political party. 199. recovery of expenses all expenses incurred by the returning officer in carrying out the power conferred by section 198(1) may be recovered by the returning officer from the persons by whom or by whose direction the statement, name, emblem, slogan, or logo was exhibited, as a debt due by them jointly and severally to the crown. 199a. publishing false statements to influence voters every person is guilty of a corrupt practice who, with the intention of influencing the vote of any elector, at any time on polling day before the close of the poll, or at any time on any of the 2 days immediately preceding polling day, publishes, distributes, broadcasts, or exhibits, or causes to be published, distributed, broadcast, or exhibited, in or in view of any public place a statement of fact that the person knows is false in a material particular. 200. erasing and altering official mark on ballot paper every person shall be liable on conviction to a fine not exceeding $2,000 who erases, obliterates, or alters any official mark, stamp, or writing on any ballot paper, or places thereon any writing, print, or other matter which might lead persons to believe that it was put thereon by any official or person duly authorised in that behalf. 201. offences in respect of ballot papers and ballot boxes every person commits an offence against this section who— forges, or counterfeits, or fraudulently defaces, or fraudulently destroys any ballot paper, or the official mark on any ballot paper: without due authority supplies any ballot paper to any person: fraudulently puts into any ballot box any paper other than the ballot paper that he or she is authorised by law to put therein: fraudulently takes out of a polling place any ballot paper: without due authority destroys, takes, opens, or otherwise interferes with any ballot box, or box or packet or parcel of ballot papers, then in use for the purposes of an election, or in course of transmission by post or otherwise, or thereafter whenever the same may be kept as a record of the election. every person who commits an offence against this section shall be liable on conviction,— if a returning officer or a polling place official in attendance at a polling place, to imprisonment for a term not exceeding 2 years: if any other person, to imprisonment for a term not exceeding 6 months. every person who attempts to commit any offence against this section shall be liable on conviction to imprisonment for a term not exceeding one-half of the longest term to which a person committing the offence may be sentenced. every person who commits an offence against this section or who attempts to commit an offence against this section is guilty of a corrupt practice. 202. property to be stated as being in returning officer in any prosecution for an offence in relation to any ballot boxes, ballot papers, or marking instruments at an election, the property in the boxes, ballot papers, and instruments may be stated as being in the returning officer. 203. infringement of secrecy every electoral official, polling place official, scrutineer, or other person appointed for the purposes of this act shall use or disclose information acquired by him or her in that capacity only in accordance with his or her official duty or his or her duty as a scrutineer, as the case may require. no person, except for some purpose authorised by law, shall— interfere with or attempt to interfere with a voter when marking his or her vote: attempt to obtain in a polling place information as to the candidate for whom or the party for which a voter in the polling place is about to vote or has voted: communicate at any time to any person any information obtained in a polling place as to the candidate for whom or the party for which any voter at the polling place is about to vote or has voted, or as to the consecutive number on the ballot paper given to any voter at the polling place. every person in attendance at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting, and shall not communicate any information obtained at the counting as to the candidate for whom or the party for which any vote is given in any particular ballot paper. no person shall directly or indirectly induce any voter to display his or her ballot paper after he or she has marked it, so as to make known to any person the name of any candidate for or against whom he or she has voted or the name of the party for which he or she has voted. 204. infringement of secrecy constitutes corrupt practice every person who commits an offence against section 203 is guilty of a corrupt practice. part 6aa. election advertising subpart 0. interpretation provisions 204a. interpretation in this part, unless the context otherwise requires,— address means— contact details for a person means that person’s— address; and telephone numbers; and email address (if any) election advertisement has the meaning given to it by section 3a promoter means a person who initiates or instigates an election advertisement that— is published; or is to be published register means the register of registered promoters established and maintained under section 204r registered promoter— means a promoter who is registered under section 204n; and includes a promoter who at any time in the regulated period has been registered under section 204n unregistered promoter means a promoter who is not— a registered promoter; or a constituency candidate; or a list candidate; or a party; or a person involved in the administration of— the affairs of a candidate in relation to the candidate’s election campaign; or the affairs of a party. subpart 1. general rules governing election advertisements 204b. persons who may promote election advertisements a person is entitled to promote an election advertisement if the person is— a party secretary: a candidate: a registered promoter: an unregistered promoter who does not incur advertising expenses exceeding $12,500 (or such other amount as is prescribed by the governor-general by order in council under section 266a) in relation to election advertisements published during the regulated period. the amount in subsection (1)(d) is inclusive of goods and services tax. every person who wilfully promotes an election advertisement without being entitled to do so under subsection (1) is guilty of an illegal practice. 204c. apportionment of advertising expenses for publication of election advertisement promoted by unregistered promoter both before and during regulated period this section applies if an election advertisement that is promoted by an unregistered promoter— is published both before the commencement of the regulated period and during the regulated period; or is published before the commencement of the regulated period and continues to be published during the regulated period. if this section applies,— the election advertisement is deemed to have been published during the regulated period; but the advertising expenses for the publication of the election advertisement must be apportioned so that only a fair proportion of the expenses is attributed to being incurred during the regulated period. only the advertising expenses attributed to being incurred during the regulated period determined in accordance with subsection (2) are advertising expenses for the purposes of section 204b(1)(d). 204d. offence to avoid limit set out in section 204b(1)(d) an unregistered promoter may not enter into an agreement, or enter into an arrangement or understanding, with any other person for the purpose of circumventing the maximum amount prescribed in section 204b(1)(d). a body corporate or unincorporated may not encourage its members to take any action for the purpose of circumventing the maximum amount prescribed in section 204b(1)(d). no person may incorporate or form 2 or more bodies corporate or unincorporated for the purpose of circumventing the maximum amount prescribed in section 204b(1)(d). every person who wilfully contravenes subsection (1), (2), or (3) is guilty of an illegal practice. 204e. obligation to retain records necessary to verify promoter’s advertising expenses this section applies to a promoter who— is an unregistered promoter: at any time during the regulated period has been an unregistered promoter. a promoter to whom this section applies must take all reasonable steps to retain the records, documents, and accounts that are necessary to enable verification of the advertising expenses incurred as an unregistered promoter in relation to an election advertisement. subsection (2) applies until the close of the day that is 3 years after polling day for the election to which the advertisement relates. every promoter who fails, without reasonable excuse, to comply with subsection (2) commits an offence and is liable on conviction to a fine not exceeding $40,000. 204f. election advertisement to include promoter statement a person may publish or cause or permit to be published an election advertisement only if the advertisement includes a promoter statement. a promoter statement referred to in subsection (1) must state the name and address of the promoter of the election advertisement. if the promoter is a registered promoter, the name and address of the promoter stated in the promoter statement must be the same name and address of the promoter that appear in the register. if the promoter is an unregistered promoter and is a body corporate or unincorporated, the promoter statement must also include the name of a member of the body who is the duly authorised representative of the promoter. if the election advertisement is published in a visual form, the promoter statement must be clearly displayed in the advertisement. if the election advertisement is published only in an audible form, the promoter statement when published must be no less audible than the other content of the advertisement. a person who wilfully contravenes any of subsections (1) to (6) is guilty of an illegal practice. 204g. publication of candidate advertisement promoting candidate a person may publish or cause or permit to be published a candidate advertisement that may reasonably be regarded as encouraging or persuading voters to vote for a constituency candidate only if the publication of the advertisement is authorised in writing by the candidate. a person may publish or cause or permit to be published an election advertisement comprising 2 or more candidate advertisements of the kind described in subsection (1) only if the publication of the advertisement is authorised in writing by each of the candidates. a person who wilfully contravenes subsection (1) or (2) is guilty of an illegal practice. 204h. publication of party advertisement promoting party a person may publish or cause or permit to be published a party advertisement that may reasonably be regarded as encouraging or persuading voters to vote for a party only if the publication of the advertisement is authorised in writing by the party secretary. a person who wilfully contravenes subsection (1) is guilty of an illegal practice. 204i. electoral commission to provide advice on application of definition of election advertisement any person (a requestor) may request the electoral commission to provide advice on whether, in the opinion of the electoral commission, an advertisement constitutes an election advertisement. a request made under subsection (1) must be accompanied by the advertisement in the form required by the electoral commission. on receipt of a request under subsection (1), the electoral commission must, as soon as is reasonably practicable, provide an opinion to the requestor. during the period specified in subsection (6), the electoral commission must treat the following documents as confidential: an advertisement received under subsection (2): any supporting material made available by the requestor to the electoral commission: advice given by the electoral commission to a requestor under subsection (3). notwithstanding subsection (4), the electoral commission may, upon request or on its own initiative, make available to the new zealand police copies of the documents referred to in that subsection to assist with the investigation or prosecution of any offence or suspected offence relating to an election. the period specified for the purposes of subsection (4) is, in relation to a document, the period that— begins on the day the electoral commission receives the document; and ends on the day after the day for the return of the writ for the election to which the advertisement relates. subsection (4) overrides the official information act 1982 and the privacy act 1993. 204j. duty of electoral commission to report suspected offences if the electoral commission believes that any person has committed an offence specified in this subpart, the electoral commission must report the facts on which that belief is based to the new zealand police. subsection (1) does not apply if the electoral commission considers that the offence is so inconsequential that there is no public interest in reporting those facts to the new zealand police. subpart 2. registered promoters 204k. promoters eligible to be registered a promoter (including a corporation sole, a body corporate, and an unincorporated body) is eligible to be a registered promoter if the promoter is not— a constituency candidate: a list candidate: a party: an overseas person as defined in section 207k: a person involved in the administration of— the affairs of a candidate in relation to the candidate’s election campaign; or the affairs of a party. 204l. application for registration an application to be a registered promoter must be made to the electoral commission and made,— if the promoter is an individual, by that individual; or if the promoter is a company, by a person who is duly authorised by the board of directors to make the application; or if the promoter is not an individual or a company, by the promoter’s representative who is duly authorised by the promoter to make the application. an application to be a registered promoter must be made in the form required by the electoral commission and set out— the name and contact details of— the promoter; and the person described in subsection (1)(b) or (c) who made the application, if the promoter is not an individual; and the names of the persons occupying a position in the body that is comparable with that of a director of a company, if the promoter is not an individual or a company; and the names of the trustees, if the promoter is a trust. an application to be a registered promoter must be accompanied by evidence of the authority to make the application, if the application is made by a person described in subsection (1)(b) or (c). 204m. grounds on which application for registration must be refused the electoral commission must refuse an application by a promoter to be registered if— the application does not comply with section 204l; or the electoral commission is not satisfied that the promoter is eligible under section 204k to be registered; or the name of the promoter is— indecent or offensive; or likely to cause confusion or mislead electors. 204n. electoral commission’s decision on application if there are no grounds under section 204m to refuse an application by a promoter to be registered, the electoral commission must, as soon as is reasonably practicable after receiving the application,register the promoter; and notify the person who made the application of the date of registration of the promoter. if there are grounds under section 204m to refuse an application, the electoral commission must, as soon as is reasonably practicable after receiving the application,refuse the application; and notify the person who made the application of the refusal and the reasons. 204o. obligation to notify electoral commission of change in contact details a registered promoter must give written notice to the electoral commission of any change in the information provided under section 204l(2) within 10 working days after the change. 204p. cancellation of registration the electoral commission must cancel the registration of a promoter if— the electoral commission is satisfied that the promoter is not eligible to be registered; or the promoter— requests that it do so; and has not incurred expenses in relation to election advertisements that exceed the amount specified in section 204b(1)(d). if the electoral commission cancels the registration of a promoter under subsection (1), the electoral commission must, as soon as is reasonably practicable, and in any case not later than 10 working days after the date of the cancellation, give the promoter written notice of— the cancellation; and the reason for the cancellation. 204q. expiry of registration unless earlier cancelled under section 204p, a promoter’s registration expires on the close of polling day for the next election following the date of the promoter’s registration. 204r. establishment of register the electoral commission must establish and maintain a register of registered promoters. the electoral commission must enter in the register in respect of every registered promoter— the name of the registered promoter; and the address of the registered promoter; and the names of the persons set out in the promoter’s application, if any, provided under section 204l(2)(a)(ii), (b), and (c). the electoral commission may enter in the register any other information that the electoral commission considers necessary or desirable for the purposes of the register. 204s. purposes of register the purposes of the register are— to enable members of the public to ascertain— whether a person is a registered promoter and, if so, the address of that person; and whether an election advertisement is promoted by a registered promoter; and to assist with the enforcement of the provisions of this part. 204t. form of register the register may be kept— as an electronic register (for example, on the electoral commission’s internet site); or in any other manner that the electoral commission thinks fit. 204u. alterations to register the electoral commission may at any time make any amendments to the register that are necessary to— reflect any changes in the information referred to in section 204o; or correct any error or omission on the part of the electoral commission or any person to whom the electoral commission has delegated its functions, duties, or powers. 204v. register to be public the electoral commission must— make the register available for public inspection at its office during ordinary office hours, without fee; and supply to a person copies of all or part of the register on request, subject to the payment of any charges that may be made under the official information act 1982. 204w. search of register a person may search the register for a purpose set out in section 204s. 204x. when search constitutes interference with privacy of individual a search of the register for personal information that has not been carried out for a purpose specified in section 204s constitutes an action that is an interference with the privacy of an individual under section 66 of the privacy act 1993. part 6a. election expenses and donations subpart 1. election expenses of candidates 205. interpretation and application in this subpart, unless the context otherwise requires,— advertising expenses has the meaning given to it by section 3e candidate advertisement has the meaning given to it by section 3(1) election advertisement has the meaning given to it by section 3a election expenses, in relation to a candidate,— means the advertising expenses incurred in relation to a candidate advertisement that— is published, or continues to be published, during the regulated period; and is promoted by— the candidate; or any person (including a registered promoter) authorised by the candidate; and includes— any election expense of an election advertisement that is apportioned to a candidate under section 205e or 205ea; and as required by section 40 of the electoral referendum act 2010, any referendum expenses incurred in relation to an advertisement that comprises both— a candidate advertisement; and a referendum advertisement (within the meaning of section 31 of the electoral referendum act 2010) party advertisement has the meaning given to it by section 3(1). for the purposes of the definition of election expenses, it is immaterial whether an election expense is paid or incurred before, during, or after the regulated period. nothing in sections 205k to 205r applies to a person who has not been nominated as a candidate for a seat in the house of representatives. 205a. persons who may incur election expenses in relation to candidate advertisement an election expense in relation to a candidate advertisement may only be incurred by— a candidate; or a party secretary in relation to an election advertisement described in section 205ea; or a promoter authorised by the candidate under section 204g. 205b. offence to incur unauthorised election expense every person is guilty of— a corrupt practice who wilfully contravenes section 205a; and an illegal practice who contravenes section 205a in any other case. 205c. maximum amount of candidate’s total election expenses the total election expenses of a candidate in respect of any regulated period must not exceed— $26,100 (or such other amount as is prescribed by the governor-general by order in council under section 266a), in the case of a candidate at a general election; and $52,100 (or such other amount as is prescribed by the governor-general by order in council under section 266a), in the case of a candidate at a by-election. the amounts in subsection (1) are inclusive of goods and services tax. 205d. apportionment of advertising expenses for publication of candidate advertisement both before and during regulated period this section applies if a candidate advertisement— is published both before the commencement of the regulated period and during the regulated period; or is published before the commencement of the regulated period and continues to be published during the regulated period. if this section applies,— the candidate advertisement is deemed to have been published during the regulated period; but the advertising expenses for the publication of the candidate advertisement must be apportioned so that only a fair proportion of the expenses is attributed to being incurred during the regulated period. only the advertising expenses attributed to being incurred during the regulated period in accordance with subsection (2) are election expenses. 205e. apportionment of election expenses of election advertisement between candidates this section applies if an election advertisement comprises 2 or more candidate advertisements. if this section applies, the election expenses of the election advertisement must be apportioned among the candidates in proportion to the coverage the advertisement provides to each candidate. for the purposes of this section,— election expenses of the election advertisement means the total of the election expenses of all of the candidate advertisements comprised in the election advertisement; and the coverage provided by an election advertisement must be calculated in such a manner as is appropriate in relation to the form of the advertisement. only the expenses apportioned to a candidate in accordance with this section are election expenses of that candidate. 205ea. apportionment of election expenses of election advertisement between candidate and party this section applies if an election advertisement comprises both— a candidate advertisement; and a party advertisement. if this section applies, the election expenses of the election advertisement must be apportioned between the candidate and the party in proportion to the coverage the advertisement provides to the candidate and to the party. for the purposes of this section,— election expenses of the election advertisement means the advertising expenses incurred in relation to both the candidate advertisement and the party advertisement; and the coverage provided by an election advertisement must be calculated in such a manner as is appropriate in relation to the form of the election advertisement. only the expenses apportioned to the candidate in accordance with this section are election expenses of the candidate. 205f. offence to pay election expenses in excess of prescribed maximum this section applies to any candidate or other person who directly or indirectly pays or knowingly aids or abets any person in paying for or on account of any election expenses any sum in excess of either of the maximum amounts prescribed by section 205c. the candidate or other person is guilty of— a corrupt practice if he or she knew the payment was in excess of the prescribed maximum amount; or an illegal practice in any other case, unless he or she proves that he or she took all reasonable steps to ensure that the election expenses did not exceed the prescribed maximum amount. every person who enters into an agreement or enters into an arrangement or understanding with any other person for the purpose of circumventing either of the maximum amounts prescribed in section 205c is guilty of a corrupt practice. 205g. periods for claiming and paying candidate’s election expenses a claim for any election expenses against a candidate is recoverable only if it is sent to the candidate within 20 working days after the day on which the declaration required by section 179(2) is made. a claim that is sent to a candidate in accordance with subsection (1) must be paid within 40 working days after the day on which that declaration is made, and not otherwise. a person who makes a payment in breach of this section is guilty of an illegal practice. this section is subject to sections 205h and 205i. 205h. procedure if claim disputed if a candidate, in the case of a claim for election expenses sent to a candidate within the period specified in section 205g(1), disputes the claim, or fails to pay the claim within the period of 40 working days specified in section 205g(2), then— the claim is to be treated as a disputed claim; and the claimant may, if he or she thinks fit, within 20 working days after the expiry of that period of 40 working days, bring an action for the disputed claim in any court of competent jurisdiction. any sum paid by the candidate in accordance with a judgment or order of the court in any such action is to be treated as paid within the period specified in section 205g(2). 205i. leave to pay claim after time limitation on the application of a claimant or a candidate, a district court may make an order granting leave to the candidate to pay— a claim for election expenses sent after the period specified in section 205g(1); or a claim not paid in the period specified in section 205g(2); or a disputed claim in respect of which an action was not brought within the period specified in section 205h(1)(b). any sum paid by the candidate in accordance with an order made under subsection (1) is to be treated as having been paid within the period specified in section 205g(2). 205j. invoice and receipt required for election expenses of $50 or more every payment made in respect of any election expenses of a candidate, other than a payment that is less than $50, must be vouched by an invoice stating the particulars and by a receipt. 205k. return of candidate’s election expenses within 70 working days after polling day, a candidate must file a return of election expenses with the electoral commission. a return under subsection (1) must be in the form required by the electoral commission. 205l. nil return if a candidate considers that there is no relevant information to disclose under section 205k, the candidate must file a nil return under that section. 205m. return may be filed after time limitation if candidate outside new zealand this section applies to a candidate who is outside new zealand on the day on which the declaration required by section 179(2) is made (election result day). the candidate must file a return of election expenses with the electoral commission within 85 working days after election result day. a return filed by the candidate in accordance with subsection (2) is deemed to be filed within the time period specified in section 205k(1). 205n. offences relating to return of candidate’s election expenses a candidate commits an offence and is liable on conviction to a fine not exceeding $40,000 who, without reasonable excuse, files a return of election expenses under section 205k during the period commencing on the day after the date on which the return is required to be filed and ending on the day that is 15 working days later (the late period). a candidate is guilty of a corrupt practice who, without reasonable excuse,— files a return of election expenses under section 205k after the late period; or fails to file a return of election expenses under section 205k. a candidate who files a return under section 205k that is false in any material particular is guilty of— a corrupt practice if he or she filed the return knowing it to be false in any material particular; or an illegal practice in any other case unless the candidate proves that— he or she had no intention to misstate or conceal the facts; and he or she took all reasonable steps in the circumstances to ensure that the information was accurate. a person charged with an offence against subsection (2)(a) may be convicted of an offence against subsection (2)(b). 205o. obligation to retain records necessary to verify return of candidate’s election expenses a candidate must take all reasonable steps to ensure that all records, documents, and accounts that are reasonably necessary to enable a return under section 205k to be verified are retained until the expiry of the period within which a prosecution may be commenced under this act in relation to the return or in relation to any matter to which the return relates. a candidate who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $40,000. 205p. duty of electoral commission if the electoral commission believes that any person has committed an offence specified in this subpart, the electoral commission must report the facts on which that belief is based to the new zealand police. subsection (1) does not apply if the electoral commission considers that the offence is so inconsequential that there is no public interest in reporting those facts to the new zealand police. 205q. return of candidate’s election expenses to be sent by chief electoral officer to electoral commission [repealed] 205r. return of candidate’s election expenses to be publicly available the electoral commission may publish, in any manner that the electoral commission considers appropriate, every return filed under section 205k. during the public inspection period, the electoral commission must make available for public inspection a copy of every return filed under section 205k. the electoral commission may make inspection under subsection (2) subject to the payment of any charges that may be made under the official information act 1982. 205s. unlawful use of public money not validated nothing in this subpart validates any use of public money that would otherwise be unlawful. subpart 2. election expenses of parties 206. interpretation in this subpart,— advertising expenses has the meaning given to it by section 3e candidate advertisement has the meaning given to it by section 3(1) election advertisement has the meaning given to it by section 3a election expenses, in relation to a party,— means the advertising expenses incurred in relation to a party advertisement that— is published, or continues to be published, during the regulated period; and is promoted by— the party secretary; or any person (including a registered promoter) authorised by the party secretary; and includes— any election expense of an election advertisement that is apportioned to a party under section 206cb or 206cc; and as required by section 40 of the electoral referendum act 2010, any referendum expenses incurred in relation to an advertisement that comprises both— a party advertisement; and a referendum advertisement (within the meaning of section 31 of the electoral referendum act 2010); but excludes— the costs representing the time allocated to a party under section 73 or 76a of the broadcasting act 1989; and the costs of broadcasting election programmes (as defined in section 69 of the broadcasting act 1989) that are paid by the electoral commission out of money allocated to the party under section 74a or 76a of the broadcasting act 1989 party advertisement has the meaning given to it by section 3(1). for the purposes of the definition of election expenses, it is immaterial whether an election expense is paid or incurred before, during, or after the regulated period. 206a. persons who may incur election expenses in relation to party advertisement an election expense in relation to a party advertisement may only be incurred by— the party secretary; or a candidate in relation to an election advertisement described in section 206cc; or a promoter authorised by the party secretary under section 204h. 206b. offence to incur unauthorised election expense every person is guilty of— a corrupt practice who wilfully contravenes section 206a; and an illegal practice who contravenes section 206a in any other case. 206c. maximum amount of party’s total election expenses if a party is listed in the part of the ballot paper that relates to the party vote, the total election expenses of that party in respect of any regulated period must not exceed— $1,108,000 (or such other amount as is prescribed by the governor-general by order in council under section 266a); and $26,100 (or such other amount as is prescribed by the governor-general by order in council under section 266a) for each electoral district contested by a candidate for the party. if a party is not listed in the part of the ballot paper that relates to the party vote, the total election expenses of that party in respect of any regulated period must not exceed $26,100 for each electoral district contested by a candidate for the party. the amounts in subsections (1) and (2) are inclusive of goods and services tax. 206ca. apportionment of advertising expenses for publication of party advertisement both before and during regulated period this section applies if a party advertisement— is published both before the commencement of the regulated period and during the regulated period; or is published before the commencement of the regulated period and continues to be published during the regulated period. if this section applies,— the party advertisement is deemed to have been published during the regulated period; but the advertising expenses for the publication of the party advertisement must be apportioned so that only a fair proportion of the expenses is attributed to being incurred during the regulated period. only the advertising expenses attributed to being incurred during the regulated period in accordance with subsection (2) are election expenses. 206cb. apportionment of election expenses of election advertisement between parties this section applies if an election advertisement comprises 2 or more party advertisements. if this section applies, the election expenses of the election advertisement must be apportioned among the parties in proportion to the coverage the advertisement provides to each party. for the purposes of this section,— election expenses of the election advertisement means the total of the election expenses of all of the party advertisements comprised in the election advertisement; and the coverage provided by an election advertisement must be calculated in such a manner as is appropriate in relation to the form of the advertisement. only the expenses apportioned to a party in accordance with this section are election expenses of that party. 206cc. apportionment of election expenses of election advertisement between party and candidate this section applies if an election advertisement comprises both— a party advertisement; and a candidate advertisement. if this section applies, the election expenses of the election advertisement must be apportioned between the party and the candidate in proportion to the coverage the advertisement provides to the party and to the candidate. for the purpose of this section,— election expenses of the election advertisement means the advertising expenses incurred in relation to both the candidate advertisement and the party advertisement; and the coverage provided by an election advertisement must be calculated in such a manner as is appropriate in relation to the form of the election advertisement. only the expenses apportioned to the party in accordance with this section are election expenses of the party. 206d. offence to pay election expenses in excess of prescribed maximum this section applies to any person who directly or indirectly pays or knowingly aids or abets any person in paying for or on account of any election expenses any sum in excess of either of the maximum amounts prescribed by section 206c. the person is guilty of— a corrupt practice if he or she knew the payment was in excess of the prescribed maximum amount; or an illegal practice in any other case, unless he or she proves that he or she took all reasonable steps to ensure that the election expenses did not exceed the prescribed maximum amount. every person who enters into an agreement or enters into an arrangement or understanding with any other person for the purpose of circumventing either of the maximum amounts prescribed in section 206c is guilty of a corrupt practice. 206e. periods for claiming and paying party’s election expenses a claim for any election expenses against a party is recoverable only if it is sent to the party secretary within 20 working days after the day on which the declaration required by section 193(5) is made. a claim that is sent to the party secretary in accordance with subsection (1) must be paid within 40 working days after the day on which the declaration required by section 193(5) is made. a person who makes a payment in breach of this section is guilty of an illegal practice. this section is subject to sections 206f and 206g. 206f. procedure if claim disputed if a party, in the case of a claim for any election expenses sent to the party secretary within the period specified in section 206e(1), disputes the claim, or fails to pay the claim within the period of 40 working days specified in section 206e(2), then— the claim is to be treated as a disputed claim; and the claimant may, if he or she thinks fit, within 20 working days after the expiry of that period of 40 working days, bring an action for the disputed claim in any court of competent jurisdiction. any sum paid by the party in accordance with a judgment or order of the court in any such action is to be treated as paid within the period specified in section 206e(2). 206g. leave to pay claim after time limitation on the application of a claimant or a party, a district court may make an order granting leave to a party to pay— a claim for election expenses sent after the period specified in section 206e(1); or a claim not paid in the period specified in section 206e(2); or a disputed claim in respect of which an action was not brought within the period specified in section 206f(1)(b). any sum paid by the party in accordance with an order made under subsection (1) is to be treated as having been paid within the period specified in section 206e(2). 206h. invoice and receipt required for election expenses of $100 or more every payment made in respect of any election expenses of a party, other than a payment that is less than $100, must be vouched by an invoice stating the particulars and by a receipt. 206i. return of party’s election expenses within 90 working days after polling day, a party secretary must file a return of the party’s election expenses with the electoral commission. the return must be— in the form required by the electoral commission; and accompanied by an auditor’s report obtained under section 206l. 206j. appointment of auditor for party a party must appoint an auditor. on the registration of a party under section 67, the person named in the party’s application under section 63(2)(c)(v) as the person who is to be appointed as the party’s auditor is to be taken to have been appointed under subsection (1). a party must without delay appoint another auditor if the auditor appointed by the party under subsection (1) or taken to have been appointed under subsection (2)— does not, for any reason, commence to hold office; or ceases to hold office; or becomes ineligible to hold office. if at any time a party appoints a new auditor under subsection (3), the party must— notify the electoral commission; and send to the electoral commission— the name, address, and contact details of the new auditor; and the new auditor’s signed consent to the appointment. 206k. persons eligible to be appointed as auditor a person is eligible to be appointed as an auditor under section 206j unless that person is— a constituency candidate; or a list candidate; or an employee or partner of a person referred to in paragraph (a) or (b); or an officer or employee of a party; or a body corporate; or a person who, by virtue of section 36(1) of the financial reporting act 2013, may not be appointed or act as an auditor of an entity; or a returning officer. 206l. auditor’s report on return of party’s election expenses a party secretary must, before the electoral commission receives the return required by section 206i, obtain from the auditor appointed under section 206j a report on the return. the auditor must state in the report— the position shown by the return in respect of the requirement that the party’s total election expenses not exceed the maximum amount prescribed by section 206c; and either— whether, in the auditor’s opinion, the position stated under paragraph (a) is correct; or that the auditor has been unable to form an opinion as to whether the position stated under paragraph (a) is correct. the auditor must make any examinations that the auditor considers necessary. the auditor must specify in the report any case in which— the auditor has not received from the party secretary all the information that the auditor requires to carry out his or her duties; or proper records of the party’s election expenses have not, in the auditor’s opinion, been kept by the party secretary. the auditor— must have access at all reasonable times to all records, documents, and accounts that relate to the party’s election expenses and that are held by the party or the party secretary; and may require the party secretary to provide any information and explanations that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report. 206m. nil return if a party secretary considers that there is no relevant information to disclose under section 206i, the party secretary must file a nil return under that section. 206n. offences relating to return of party’s election expenses a party secretary commits an offence and is liable on conviction to a fine not exceeding $40,000 who, without reasonable excuse, files a return of election expenses under section 206i during the period commencing on the day after the date on which the return is required to be filed and ending on the day that is 15 working days later (the late period). a party secretary is guilty of a corrupt practice who, without reasonable excuse,— files a return of election expenses under section 206i after the late period; or fails to file a return of election expenses under section 206i. a party secretary who files a return under section 206i that is false in any material particular is guilty of— a corrupt practice if he or she filed the return knowing it to be false in any material particular; or an illegal practice in any other case unless the party secretary proves that— he or she had no intention to misstate or conceal the facts; and he or she took all reasonable steps in the circumstances to ensure that the information in the return was accurate. a person charged with an offence against subsection (2)(a) may be convicted of an offence against subsection (2)(b). 206o. obligation to retain records necessary to verify return of party’s election expenses a party secretary must take all reasonable steps to ensure that all records, documents, and accounts that are reasonably necessary to enable a return under section 206i to be verified are retained until the expiry of the period within which a prosecution may be commenced under this act in relation to the return or in relation to any matter to which the return relates. a party secretary who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $40,000. 206p. duty of electoral commission if the electoral commission believes that any person has committed an offence specified in this subpart, the electoral commission must report the facts on which that belief is based to the new zealand police. subsection (1) does not apply if the electoral commission considers that the offence is so inconsequential that there is no public interest in reporting those facts to the new zealand police. 206q. return of party’s election expenses to be publicly available the electoral commission may publish, in any manner that the electoral commission considers appropriate, every return and every accompanying auditor’s report filed under section 206i. during the public inspection period, the electoral commission must make available for public inspection a copy of every return and report referred to in subsection (1). the electoral commission may make inspection under subsection (2) subject to the payment of any charges that may be made under the official information act 1982. 206r. unlawful use of public money not validated nothing in this subpart validates any use of public money that would otherwise be unlawful. subpart 2a. election expenses of registered promoters 206s. interpretation in this subpart,— advertising expenses has the meaning given to it by section 3e election advertisement has the meaning given to it by section 3a election expenses, in relation to a registered promoter,— means the advertising expenses incurred in relation to an election advertisement that— is published, or continues to be published, during the regulated period; and is promoted by the registered promoter; and includes, as required by section 40 of the electoral referendum act 2010, any referendum expenses incurred in relation to an advertisement that comprises both— an election advertisement; and a referendum advertisement (within the meaning of section 31 of the electoral referendum act 2010) registered promoter has the meaning given to it by section 204a. for the purposes of the definition of election expenses, it is immaterial whether an election expense is paid or incurred before, during, or after the regulated period. 206t. persons who may incur election expenses in relation to election advertisement promoted by registered promoter an election expense in relation to an election advertisement promoted by a registered promoter may only be incurred by— the registered promoter; or a person authorised by the registered promoter. 206u. offence to incur unauthorised election expense every person is guilty of— a corrupt practice who wilfully contravenes section 206t; and an illegal practice who contravenes section 206t in any other case. 206v. maximum amount of registered promoter’s total election expenses the total election expenses of a registered promoter in respect of any regulated period must not exceed $313,000 (or such other amount as is prescribed by the governor-general by order in council under section 266a). the amount in subsection (1) is inclusive of goods and services tax. 206w. apportionment of advertising expenses for publication of election advertisement promoted by registered promoter both before and during regulated period this section applies if an election advertisement that is promoted by a registered promoter— is published both before the commencement of the regulated period and during the regulated period; or is published before the commencement of the regulated period and continues to be published during the regulated period. if this section applies,— the election advertisement is deemed to have been published during the regulated period; but the advertising expenses for the publication of the election advertisement must be apportioned so that only a fair proportion of the expenses is attributed to being incurred during the regulated period. only the advertising expenses attributed to being incurred during the regulated period in accordance with subsection (2) are election expenses. 206x. offence to pay election expenses in excess of prescribed maximum this section applies to any registered promoter or other person who directly or indirectly pays or knowingly aids or abets any person in paying for or on account of any election expenses any sum in excess of the maximum amount prescribed by section 206v. the registered promoter or other person is guilty of— a corrupt practice if he or she knew the payment was in excess of the prescribed maximum amount; or an illegal practice in any other case, unless he or she proves that he or she took all reasonable steps to ensure that the election expenses did not exceed the prescribed maximum amount. every person who enters into an agreement or enters into an arrangement or understanding with any other person for the purpose of circumventing the maximum amount prescribed in section 206v is guilty of a corrupt practice. 206y. periods for claiming and paying registered promoter’s election expenses a claim for any election expenses against a registered promoter is recoverable only if it is sent to the registered promoter within 20 working days after the day on which the declaration required by section 179(2) is made. a claim that is sent to a registered promoter in accordance with subsection (1) must be paid within 40 working days after the day on which that declaration is made, and not otherwise. a person who makes a payment in breach of this section is guilty of an illegal practice. this section is subject to sections 206z and 206za. 206z. procedure if claim disputed if a registered promoter, in the case of a claim for election expenses sent to a registered promoter within the period specified in section 206y(1), disputes the claim or fails to pay the claim within the period of 40 working days specified in section 206y(2), then— the claim is to be treated as a disputed claim; and the claimant may, if he or she thinks fit, within 20 working days after the expiry of that period of 40 working days, bring an action for the disputed claim in any court of competent jurisdiction. any sum paid by the registered promoter in accordance with a judgment or order of the court in any such action is to be treated as paid within the period specified in section 206y(2). 206za. leave to pay claim after time limitation on the application of a claimant or a registered promoter, a district court may make an order granting leave to the registered promoter to pay— a claim for election expenses sent after the period specified in section 206y(1); or a claim not paid in the period specified in section 206y(2); or a disputed claim in respect of which an action was not brought within the period specified in section 206z(1)(b). any sum paid by the registered promoter in accordance with an order made under subsection (1) is to be treated as having been paid within the period specified in section 206y(2). 206zb. invoice and receipt required for election expenses of $50 or more every payment made in respect of any election expenses of a registered promoter must be vouched by an invoice stating the particulars, and by a receipt. subsection (1) does not apply to a payment less than $50. 206zc. return of registered promoter’s election expenses this section applies to a registered promoter whose total election expenses in respect of any regulated period exceed $100,000 (inclusive of goods and services tax). within 70 working days after polling day, the registered promoter must file a return of election expenses with the electoral commission. if the registered promoter is not an individual or a company, the return must be filed by the registered promoter’s representative who is duly authorised to file the return. a return filed under subsection (2) must be in the form required by the electoral commission. 206zd. electoral commission may require auditor’s report on return of registered promoter’s election expenses if the electoral commission has reasonable grounds to believe that a return filed under section 206zc may contain any false or misleading information, the electoral commission may require the registered promoter (at the registered promoter’s expense) to obtain from an auditor a report on the return. the auditor must state in the report— the position shown by the return in respect of the requirement that the registered promoter’s total election expenses must not exceed the maximum amount prescribed by section 206v; and either— whether, in the auditor’s opinion, the position stated under paragraph (a) is correct; or that the auditor has been unable to form an opinion as to whether the position stated under paragraph (a) is correct. the auditor must make any examinations that the auditor considers necessary. the auditor must specify in the report any case in which— the auditor has not received from the registered promoter all the information that the auditor requires to carry out his or her duties; or proper records of the registered promoter’s election expenses have not, in the auditor’s opinion, been kept by the registered promoter. the auditor— must have access at all reasonable times to all records, documents, and accounts that relate to the registered promoter’s election expenses and that are held by the registered promoter; and may require the registered promoter to provide any information and explanation that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report. 206ze. offences relating to return of registered promoter’s election expenses a registered promoter commits an offence and is liable on conviction to a fine not exceeding $40,000 who, without reasonable excuse, files a return of election expenses under section 206zc during the period commencing on the day after the date on which the return is required to be filed and ending on the day that is 15 working days later (the late period). a registered promoter is guilty of a corrupt practice who, without reasonable excuse,— files a return of election expenses under section 206zc after the late period; or fails to file a return of election expenses under section 206zc. a registered promoter who files a return under section 206zc that is false in any material particular is guilty of— a corrupt practice if the registered promoter filed the return knowing it to be false in any material particular: an illegal practice in any other case unless the registered promoter proves that— he or she had no intention to misstate or conceal the facts; and he or she took all reasonable steps in the circumstances to ensure that the information was accurate. if the registered promoter is not an individual or a company, the registered promoter’s representative who files the return in accordance with section 206zc(3) is liable under subsections (1) and (2). subsection (3) does not limit the liability of a registered promoter under subsection (1) or (2). 206zf. obligation to retain records necessary to verify return of registered promoter’s election expenses a registered promoter must take all reasonable steps to ensure that all records, documents, and accounts that are reasonably necessary to enable a return filed under section 206zc to be verified are retained until the expiry of the period within which a prosecution may be commenced under this act in relation to the return or in relation to any matter to which the return relates. a registered promoter who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $40,000. 206zg. duty of electoral commission if the electoral commission believes that any person has committed an offence specified in this subpart, the electoral commission must report the facts on which that belief is based to the new zealand police. subsection (1) does not apply if the electoral commission considers that the offence is so inconsequential that there is no public interest in reporting those facts to the new zealand police. 206zh. return of registered promoter’s election expenses to be publicly available the electoral commission may publish, in any manner that the electoral commission considers appropriate, every return filed under section 206zc. during the public inspection period, the electoral commission must make available for public inspection a copy of every return filed under section 206zc. the electoral commission may make inspection under subsection (2) subject to the payment of any charges that may be made under the official information act 1982. subpart 3. general provisions relating to donations 207. interpretation in this subpart, unless the context otherwise requires, donation means— a candidate donation; or a party donation. in this subpart and subparts 4 to 6 of this part, unless the context otherwise requires,— anonymous,— candidate donation means a donation (whether of money or of the equivalent of money or of goods or services or of a combination of those things) that is made to a candidate, or to any person on the candidate’s behalf, for use in the candidate’s campaign for election and— includes,— where goods or services are provided to a candidate, or to any person on the candidate’s behalf, under a contract or arrangement at a value less than their reasonable market value, the latter being a value that exceeds $300, the amount of the difference between the former value and the reasonable market value of those goods or services; and where goods or services are provided by a candidate under a contract or arrangement at a value that is more than their reasonable market value, the amount of the difference between that value and the reasonable market value of those goods or services; and where credit is provided to a candidate on terms and conditions substantially more favourable than the commercial terms and conditions prevailing at the time for the same or similar credit, the value to the candidate of those more favourable terms and conditions; but excludes,— the labour of any person that is provided to a candidate free of charge by that person; and goods or services provided free of charge to a candidate, or to any person on the candidate’s behalf, that have a reasonable market value of $300 or less contribution means any thing (being money or the equivalent of money or goods or services or a combination of those things) that makes up a donation or is included in a donation or has been used to wholly or partly fund a donation, and that— was given— to the donor; or to a person who was required or expected to pass on all or any of its amount or value to the donor, whether directly or indirectly (for example, through one or more intermediaries, trustees, or nominees); and would have been a donation if it had been given directly to the candidate or party; and was given in the knowledge or expectation (whether by reference to a trust, agreement, or understanding) that it would be wholly or partly applied to make up, or to be included in, or to fund, a donation contributor means a person who makes a contribution and who immediately before making the contribution— beneficially holds any money, or the equivalent of money, or any goods that make up the contribution or are included in the contribution; or provides any services that make up the contribution or are included in the contribution or pays for those services out of money that the person beneficially holds donation funded from contributions means a donation that is made up of, includes, or is wholly or partly funded from 1 or more contributions donor means a person who makes a donation party donation means a donation (whether of money or of the equivalent of money or of goods or services or of a combination of those things) that is made to a party, or to any person or body of persons on behalf of the party who are involved in the administration of the affairs of the party, and— includes,— where goods or services are provided to a party, or to any person on the party’s behalf, under a contract or arrangement at a value less than their reasonable market value, the latter being a value that exceeds $1,500, the amount of the difference between the former value and the reasonable market value of those goods or services; and where goods or services are provided by a party under a contract or arrangement at a value that is more than their reasonable market value, the amount of the difference between that value and the reasonable market value of those goods or services; and where credit is provided to a party on terms and conditions substantially more favourable than the commercial terms and conditions prevailing at the time for the same or similar credit, the value to the party of those more favourable terms and conditions; but excludes— the labour of any person that is provided to a party free of charge by that person; and goods or services provided free of charge to a party, or to any person on the party’s behalf, that have a reasonable market value of $1,500 or less; and any candidate donation that is included in a return made by a candidate under section 209 receive, in relation to a donation, means to get a donation that has been given or sent by— the donor directly; or the donor indirectly, via a transmitter transmitter means a person to whom a donor gives or sends a donation for transmittal to a candidate or party. for the purposes of sections 207b, 207c, 207e, 207g, 207i, and 210c,— donation does not include a donation protected from disclosure (as defined in section 208); and party donation does not include a donation protected from disclosure (as defined in section 208). 207a. donations and contributions include gst all references to an amount or value of a donation or contribution are inclusive of any goods and services tax incurred by the donor or contributor in respect of the goods or service donated or contributed. 207b. donations to be transmitted to candidate or party secretary every person to whom a candidate donation is given or sent must, within 10 working days after receiving the donation, transmit the donation to the candidate. every person to whom a party donation is given or sent must, within 10 working days after receiving the donation, either— transmit the donation to the party secretary; or deposit the donation into a bank account nominated by the party secretary. 207c. contributors to be identified this section applies to a donation (other than an anonymous donation) that is funded from contributions. if this section applies to a donation, the donor must, at the time of making the donation, disclose— the fact that the donation is funded from contributions; and the following information about any contribution that, either on its own or when aggregated with other contributions made by or on behalf of the same contributor to the donation, exceeds $1,500 in sum or value: the name of the contributor; and the address of the contributor; and whether the contributor is an overseas person within the meaning of section 207k; and the amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions; and the total of all of the amounts disclosed under paragraph (b)(iv) in relation to the donation; and the total of all of the other contributions made in relation to the donation. [repealed] a candidate must give back to the donor the entire amount of the donation, or its entire value, if the candidate knows, or has reasonable grounds to believe, that the donor has failed to comply with subsection (2) in any respect. a party secretary must give back to the donor the entire amount of the donation, or its entire value, if the party secretary knows, or has reasonable grounds to believe, that the donor has failed to comply with subsection (2) in any respect. for the purposes of sections 209 and 210, any amount given back by a candidate under subsection (4), or by a party secretary under subsection (5), is taken not to have been received by the candidate or the party secretary, as the case may be. 207d. offence relating to contravention of section 207c a donor who fails to comply with section 207c with the intention of concealing the identity of any or all of the contributors commits an offence and is liable on conviction to a fine not exceeding $40,000. 207e. identity of donor to be disclosed by transmitter, if known when a transmitter transmits a donation to a candidate or party secretary on behalf of the donor, the transmitter must disclose to the candidate or party secretary— the fact that the donation is transmitted on behalf of the donor; and the name and address of the donor; and whether section 207c applies to the donation and, if so, all information disclosed by the donor under subsections (2) and (3) of that section. where a transmitter does not disclose, or is unable to disclose, the information required by subsection (1), then the donation must be treated as an anonymous donation. 207f. offence relating to contravention of section 207e a transmitter who fails to comply with section 207e with the intention of concealing the identity of the donor or any or all of the contributors commits an offence and is liable on conviction to a fine not exceeding $40,000. 207g. disclosure of identity of donor if any person involved in the administration of the affairs of a candidate in relation to his or her election campaign knows the identity of the donor of an anonymous candidate donation exceeding $1,500, the person must disclose the identity of the donor to the candidate. if a candidate, list candidate, or any person involved in the administration of the affairs of a party knows the identity of the donor of an anonymous party donation exceeding $1,500, the candidate, list candidate, or person must disclose the identity of the donor to the party secretary. 207h. offence relating to contravention of section 207g a person who fails to comply with section 207g with the intention of concealing the identity of the donor commits an offence and is liable on conviction to a fine not exceeding $40,000. 207i. anonymous donation may not exceed $1,500 if an anonymous candidate donation exceeding $1,500 is received by a candidate, the candidate must, within 20 working days of receipt of the donation, pay to the electoral commission the amount of the donation, or its value, less $1,500. if an anonymous party donation exceeding $1,500 is received by a party secretary, the party secretary must, within 20 working days of receipt of the donation, pay to the electoral commission the amount of the donation, or its value, less $1,500. all amounts received by the electoral commission under this section must be paid into a crown bank account. 207j. offence relating to contravention of section 207i a person who enters into an agreement, arrangement, or understanding with any other person that has the effect of circumventing section 207i(1) or (2) is guilty of— a corrupt practice if the circumvention is wilful; or an illegal practice in any other case. a candidate or party secretary who contravenes section 207i is guilty of an illegal practice. 207k. overseas donation or contribution may not exceed $1,500 for the purposes of this section, overseas person means— an individual who— resides outside new zealand; and is not a new zealand citizen or registered as an elector; or a body corporate incorporated outside new zealand; or an unincorporated body that has its head office or principal place of business outside new zealand. if a candidate receives from an overseas person a donation that either on its own or when aggregated with all other donations made by or on behalf of the same overseas person for use in the same campaign exceeds $1,500, the candidate must, within 20 working days of receipt of the donation,— return to the overseas person the total amount donated by the overseas person, or its value, less $1,500; or if this is not possible, pay the total amount donated by the overseas person, or its value, less $1,500 to the electoral commission. if a party secretary receives from an overseas person a donation that either on its own or when aggregated with all other donations made by or on behalf of the same overseas person during the same year ending 31 december exceeds $1,500, the party secretary must, within 20 working days of receipt of the donation,— return to the overseas person the total amount donated by the overseas person, or its value, less $1,500; or if this is not possible, pay the total amount donated by the overseas person, or its value, less $1,500 to the electoral commission. if a candidate or party secretary receives, from a donor who is not an overseas person (as defined in subsection (1)), a donation funded from contributions that includes any contribution exceeding $1,500 made by or on behalf of an overseas person or any contributions made by or on behalf of the same overseas person that when aggregated exceed $1,500, the candidate or party secretary must, within 20 working days after notification of that fact under section 207c,— give back to the donor the amount of the donation, or its value; or if this is not possible, pay the amount of the donation, or its value, to the electoral commission. all amounts received by the electoral commission under subsection (2) or (3) must be paid into a crown bank account. 207l. offence relating to contravention of section 207k a person who enters into an agreement, arrangement, or understanding with any other person that has the effect of circumventing section 207k(2) or (3) is guilty of— a corrupt practice if the circumvention is wilful; or an illegal practice in any other case. a candidate or party secretary who contravenes section 207k(2) or (3) is guilty of an illegal practice. 207la. offence relating to splitting party donation or contribution to party donation a person is guilty of a corrupt practice who directs or procures, or is actively involved in directing or procuring, 2 or more bodies corporate to split between the bodies corporate a party donation in order to conceal the total amount of the donation and avoid the donation’s inclusion by the party secretary in the return of party donations under section 210(1)(a). a person is guilty of a corrupt practice who directs or procures, or is actively involved in directing or procuring, 2 or more bodies corporate to split between the bodies corporate a contribution to a party donation in order to conceal the total amount of the contribution and avoid the contribution’s inclusion by the party secretary in the return of party donations under section 210(1)(b). 207m. records of candidate donations a candidate must keep proper records of all candidate donations received by him or her. a candidate who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $40,000. 207n. records of party donations a party secretary must keep proper records of all party donations received by him or her. a party secretary who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $40,000. 207o. duty of electoral commission in relation to donations if the electoral commission believes that any person has committed an offence against this subpart or subparts 4 to 6 of this part, the electoral commission must report the facts on which that belief is based to the new zealand police. subsection (1) does not apply if the electoral commission considers that the offence is so inconsequential that there is no public interest in reporting those facts to the new zealand police. 207p. duty of electoral commission in relation to donations [repealed] subpart 4. donations protected from disclosure 208. interpretation in this subpart, unless the context otherwise requires,— authorised person has the meaning given to it by section 208f(3) donation protected from disclosure means a donation made under section 208a(2) in accordance with section 208a(3). 208a. method of making donation protected from disclosure this section applies to any person who intends to make a donation in excess of $1,500 to a party while preventing the disclosure of the person’s identity to— the party concerned; and the public generally. a person to whom this section applies may send a donation in excess of $1,500 by way of a cheque, cash, or a bank draft to the electoral commission. a donation under subsection (2) must be accompanied by a statement identifying— the name of the party that is to receive the donation; and the full name and address of the donor; and if the donation made by the donor includes or comprises contributions from others, the name and address of every person who has contributed in excess of $1,500. the electoral commission may request the donor to provide any further information the commission considers necessary to confirm the identity of the donor or other details provided by the donor, and the donor must take all reasonable steps to comply with such a request as soon as is practicable. 208b. limit on maximum amount of donations protected from disclosure the maximum amount that a party may be paid in donations made to the electoral commission for the benefit of that party during a specified period is 10% (excluding any interest paid under section 208e(2)) of the maximum amount of election expenses allowed under section 206c(1) to be incurred by a party that is listed in the part of the ballot paper that relates to the party vote and that has a candidate contesting every electoral district. the maximum amount that a party may be paid in donations made to the electoral commission for the benefit of the party from the same donor during any specified period is 15% (excluding any interest paid under section 208e(2)) of the amount that may be paid to that party under subsection (1). for the purposes of this section,— a specified period is— the period beginning on 9 november 2008 and ending with the close of the day before polling day for the next general election after that date; and any subsequent period between polling day for one general election and polling day for the following general election: to avoid doubt, if there is a change in the name of a donor or party, the donor or party must be treated as the same donor or party (as the case may be) as the donor or party was prior to the change of name. 208c. duty of electoral commission to provide advice on actual figures under section 208b the electoral commission— must, as soon as practicable after the commencement of this act, publish on its internet site, and by any other means the commission considers appropriate, guidance specifying the relevant figures that constitute the maximum amounts referred to in section 208b(1) and (2); and may alter that guidance from time to time to reflect any changes in the relevant figures. 208d. duties of electoral commission on receipt of donation the electoral commission, on receiving a donation under section 208a(2), must pay it to the secretary of the party for whom it is intended, unless— the requirements of section 208a(3) or (4) have not been complied with; or payment of the donation would contravene a maximum amount referred to in section 208b. if subsection (1)(a) applies, the electoral commission must,— if the name and contact details of the donor are known or can be readily ascertained, return the donation to the donor: in any other case, pay the donation into a crown bank account. if subsection (1)(b) applies, the electoral commission must,— if the name and contact details of the donor are known or can be readily ascertained, return any portion of the donation that exceeds a maximum limit set out in section 208b to the donor: in any other case, pay any portion of the donation that exceeds a maximum limit set out in section 208b into a crown bank account. 208e. timing of payment to parties the electoral commission must pay all outstanding amounts due to a party under section 208d(1)— weekly, during the period between writ day and the return of the writ, at any general election: monthly, at any other time. if any interest is earned on a donation received under section 208a(2) for a party, that interest, so far as it can reasonably be calculated, must be added to— any sum paid by the electoral commission to the secretary of that party; or any sum returned by the electoral commission to the donor; or any sum paid by the electoral commission into a crown bank account. 208f. offence of prohibited disclosure no person may disclose the name or other identifying details of a donor or contributor in respect of a donation made, or proposed to be made, under section 208a(2) in a manner that indicates or suggests that the person has made, or proposes to make, such a donation or contribution, to— any party secretary or person involved in the administration of the affairs of the party for whom the donation is intended; or any other person (other than an authorised person). every person who contravenes subsection (1) without reasonable excuse is guilty of an illegal practice. in this section, authorised person means— a member or employee or other person engaged by the electoral commission: a donor or contributor and any officer, employee, relative, adviser, or agent of the donor or contributor: any other person to whom the identifying details must be supplied to enable the donation to be made (for example, an employee of a bank who processes a cheque by which the donation is made): any person to whom the identifying details must be supplied to comply with 1 or more of the inland revenue acts (within the meaning of section 3(1) of the tax administration act 1994): the auditor-general: any other person entitled to the information in question in accordance with any search warrant, summons, or any process under rules of court, or in the course of any proceedings. except as provided in this section, if there is any inconsistency between subsection (1) and any other enactment, subsection (1) prevails. 208g. duty of electoral commission to report the electoral commission must, in the manner required by subsection (2), report on— the total amounts received in donations under section 208a(2): the amounts paid to a party secretary under section 208d(1) during the period being reported on: the amount returned to donors under section 208d(2)(a) or (3)(a) during the period being reported on: the amount paid into a crown bank account under section 208d(2)(b) or (3)(b) during the period being reported on. the electoral commission must report on the matters set out in subsection (1)— in each annual report, in relation to the financial year to which the report relates; and quarterly, by publication on the commission’s internet site and by any other means the commission considers appropriate, in respect of the preceding 3-month period. subpart 5. disclosure of candidates’ donations 209. return of candidate donations a candidate must, at the same time as filing a return of election expenses under section 205k, file with the electoral commission a return setting out— the details specified in subsection (2) in respect of every candidate donation (other than a donation of the kind referred to in paragraphs (c) and (d)) received by him or her that, either on its own or when aggregated with all other donations made by or on behalf of the same donor for use in the same campaign, exceeds $1,500 in sum or value; and whether section 207c applies to any donation and, if so, and to the extent known or ascertainable from the information supplied under that section, the details specified in subsection (3) in respect of every contribution that, either on its own or when aggregated with other contributions made by or on behalf of the same contributor to the donation, exceeds $1,500 in sum or value; and the details specified in subsection (4) in respect of every anonymous candidate donation received by him or her exceeding $1,500; and the details specified in subsection (5) in respect of every candidate donation received by him or her from an overseas person that, either on its own or when aggregated with all other donations made by or on behalf of the same overseas person for use in the same campaign, exceeds $1,500; and the details specified in subsection (5a) in respect of every contribution to a candidate donation received by him or her from an overseas person that, either on its own or when aggregated with other contributions made by the same overseas person to the donation, exceeds $1,500. the details referred to in subsection (1)(a) are— the name of the donor; and the address of the donor; and the amount of the donation or, in the case of aggregated donations, the total amount of the donations; and the date the donation was received or, in the case of aggregated donations, the date that each donation was received. the details referred to in subsection (1)(b) are— the name of the contributor; and the address of the contributor; and the amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions; and the date on which the donation funded from contributions was made. the details referred to in subsection (1)(c) are— the date the donation was received; and the amount of the donation; and the amount paid to the electoral commission under section 207i(1), and the date that payment was made. the details referred to in subsection (1)(d) are— the name of the overseas person; and the address of the overseas person; and the amount of the donation or, in the case of aggregated donations, the total amount of the donations; and the date the donation was received or, in the case of aggregated donations, the date each donation was received; and the amount returned to an overseas person or paid to the electoral commission under section 207k(2), and the date of that return or payment, as the case may be. the details referred to in subsection (1)(e) are— the name of the overseas person; and the address of the overseas person; and the amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions; and the date on which the related donation funded from the contribution was made; and the amount returned to the donor or paid to the electoral commission under section 207k(3), and the date of that return or payment, as the case may be. every return filed under subsection (1) must be in the form required by the electoral commission. 209a. nil return if a candidate considers that there is no relevant information to disclose under section 209, the candidate must file a nil return under that section. 209b. offences relating to return of candidate donations a candidate commits an offence and is liable on conviction to a fine not exceeding $40,000 who, without reasonable excuse, files a return of candidate donations under section 209 during the period commencing on the day after the date on which the return is required to be filed and ending on the day that is 15 working days later (the late period). a candidate is guilty of a corrupt practice who, without reasonable excuse,— files a return of candidate donations under section 209 after the late period; or fails to file a return of candidate donations under section 209. a candidate who files a return under section 209 that is false in any material particular is guilty of— a corrupt practice if he or she filed the return knowing it to be false in any material particular; or an illegal practice in any other case unless the candidate proves that— he or she had no intention to misstate or conceal the facts; and he or she took all reasonable steps in the circumstances to ensure that the information in the return was accurate. 209c. obligation to retain records necessary to verify return of candidate donations a candidate must take all reasonable steps to ensure that all records, documents, and accounts that are necessary to enable a return under section 209 to be verified are retained until the expiry of the period within which a prosecution may be commenced under this act in relation to the return or in relation to any matter to which the return relates. a candidate who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $40,000. 209d. return of candidate donations to be sent by chief electoral officer to electoral commission [repealed] 209e. return of candidate donations to be publicly available the electoral commission may publish, in any manner that the electoral commission considers appropriate, every return filed under section 209. [repealed] during the public inspection period, the electoral commission must make available for public inspection a copy of every return filed under section 209. the electoral commission may make inspection under subsection (3) subject to the payment of any charges that may be made under the official information act 1982. subpart 6. disclosure of parties’ donations 210. annual return of party donations a party secretary must file with the electoral commission, for each year, a return of party donations setting out— the details specified in subsection (2) for every party donation (other than a donation of the kind referred to in paragraphs (c) to (e)) received by him or her that, either on its own or when aggregated with all other donations made by or on behalf of the same donor during the year, exceeds $15,000 in sum or value; and whether section 207c applies to any donation and, if so, and to the extent known or ascertainable from the information supplied under that section, the details specified in subsection (3) in respect of every contribution that, either on its own or when aggregated with other contributions made by or on behalf of the same contributor to the donation, or to other donations during the year, exceeds $15,000 in sum or value; and the details specified in subsection (4) in respect of every anonymous party donation received by him or her exceeding $1,500; and the details specified in subsection (5) in respect of every party donation received by him or her from an overseas person that, either on its own or when aggregated with all other donations made by or on behalf of the same overseas person during the year, exceeds $1,500; and the details specified in subsection (5a) in respect of every contribution to a party donation received by him or her from an overseas person that, either on its own or when aggregated with other contributions made by the same overseas person to the donation, exceeds $1,500; and the details specified in subsection (6) in respect of every payment of donations received from the electoral commission under section 208d; and the details specified in subsection (6a) in respect of all other party donations received by him or her. the details referred to in subsection (1)(a) are— the name of the donor; and the address of the donor; and the amount of the donation or, in the case of aggregated donations, the total amount of the donations; and the date the donation was received or, in the case of aggregated donations, the date that each donation was received. the details referred to in subsection (1)(b) are— the name of the contributor; and the address of the contributor; and the amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions; and the date on which each related donation funded from contributions was made. the details referred to in subsection (1)(c) are— the date the donation was received; and the amount of the donation; and the amount paid to the electoral commission under section 207i(2), and the date that payment was made. the details referred to in subsection (1)(d) are— the name of the overseas person; and the address of the overseas person; and the amount of the donation or, in the case of aggregated donations, the total amount of the donations; and the date the donation was received or, in the case of aggregated donations, the date each donation was received; and the amount returned to an overseas person or paid to the electoral commission under section 207k(2a), and the date of that return or payment, as the case may be. the details referred to in subsection (1)(da) are— the name of the overseas person; and the address of the overseas person; and the amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions; and the date on which the related donation funded from the contribution was made; and the amount returned to the donor or paid to the electoral commission under section 207k(3), and the date of that return or payment, as the case may be. the details referred to in subsection (1)(e) are— the date the payment was received; and the amount of the payment; and the amount of interest included in the payment. the details referred to in subsection (1)(f) are— the number of anonymous party donations received of an amount not exceeding $1,500, and the total amount of all such donations: the number of overseas party donations received of an amount not exceeding $1,500, and the total amount of all such donations: the number of all party donations received of an amount exceeding $1,500 but not exceeding $5,000, and the total amount of all such donations: the number of all party donations received of an amount exceeding $5,000 but not exceeding $15,000, and the total amount of all such donations. a return must— be filed by 30 april of the following year; and be in the form required by the electoral commission; and be accompanied by an auditor’s report obtained under section 210a. despite anything in subsection (1), if a party secretary is required to file under that subsection a return of party donations that relates to the year in which the party became registered, that return is to relate to the period beginning with the date of registration of the party and ending with 31 december of that year. in this section, year means the period of 12 months starting on 1 january and ending with the close of 31 december. 210a. auditor’s report on annual return of party donations a party secretary must, before the electoral commission receives the return required by section 210, obtain from the auditor appointed under section 206j a report on the return. the auditor must state in the report whether, in the auditor’s opinion, the return fairly reflects the party donations received by the party secretary. the auditor must make any examinations that the auditor considers necessary. the auditor must specify in the report any case in which— the return does not, in the auditor’s opinion, fairly reflect the party donations received by the party secretary: the auditor has not received from the party secretary all the information that the auditor requires to carry out his or her duties: proper records of party donations have not, in the auditor’s opinion, been kept by the party secretary. the auditor— must have access at all reasonable times to all records, documents, and accounts that relate to the party donations and that are held by the party or the party secretary; and may require the party secretary to provide any information and explanations that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report. 210b. nil return if a party secretary considers that there is no relevant information to disclose under section 210, the party secretary must file a nil return under that section. 210c. return of party donation received from same donor exceeding $30,000 a party secretary must file with the electoral commission a return in respect of every party donation that exceeds $30,000. a party secretary must file with the electoral commission a return in respect of every party donation that— the party secretary knows is from a donor who in the 12 months immediately preceding the date of receipt of the donation (the last 12 months) has made 1 or more previous donations; and when aggregated with all previous donations received from the donor in the last 12 months exceeds $30,000. if a return is made under subsection (2), the donations disclosed in that return must be disregarded when applying this section in relation to a party donation that is made after that return is filed. a return filed under subsection (1) must be in the form required by the electoral commission and set out— the name of the donor (if known); and the address of the donor (if known); and the amount of the donation; and the date the donation was received; and the following details in respect of every contribution to the donation made by or on behalf of the same contributor that exceeds $30,000: the name of the contributor; and the address of the contributor; and the amount of the contribution. a return filed under subsection (2) must be in the form required by the electoral commission and set out— the name of the donor; and the address of the donor; and the amount of the donation; and the amounts of all previous donations; and the date the donation was received; and the dates all previous donations were received. a return must be filed under subsection (1) or (2) within 10 working days of the donation being received by the party secretary. 210d. offences relating to return of party donations a party secretary commits an offence and is liable on conviction to a fine not exceeding $40,000 who, without reasonable excuse,— files a return of party donations under section 210 during the late period: files a return of party donations under section 210c during the late period. a party secretary is guilty of a corrupt practice who, without reasonable excuse,— files a return of party donations under section 210 or 210c after the late period; or fails to file a return of party donations under— section 210; section 210c. a party secretary who files a return under section 210 or 210c that is false in any material particular is guilty of— a corrupt practice if he or she filed the return knowing it to be false in any material particular; or an illegal practice in any other case unless the party secretary proves that— he or she had no intention to misstate or conceal the facts; and he or she took all reasonable steps in the circumstances to ensure that the information in the return was accurate. in this section, late period, in relation to the filing of a return, means the period commencing on the day after the date on which the return is required to be filed and ending on the day that is 15 working days later. 210e. obligation to retain records necessary to verify return of party donations a party secretary must take all reasonable steps to ensure that all records, documents, and accounts that are necessary to enable returns under sections 210 and 210c to be verified are retained until the expiry of the period within which a prosecution may be commenced under this act in relation to the returns or in relation to any matter to which the returns relate. a party secretary who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $40,000. 210f. return of party donations to be publicly available the electoral commission may publish, in any manner that the electoral commission considers appropriate, the following returns and reports: a return filed under section 210; and a report obtained under section 210a accompanying the return referred to in paragraph (a); and a return filed under section 210c. during the public inspection period, the electoral commission must make available for public inspection a copy of every return and report referred to in subsection (1). the electoral commission may make inspection under subsection (2) subject to the payment of any charges that may be made under the official information act 1982. part 6b. loans 211. application of this part this part applies to loans entered into on behalf of parties. subpart 1. general provisions relating to loans 212. interpretation in this part,— lender, in relation to a loan, means the person providing the loan loan— means a written or an oral agreement or arrangement under which a lender lends money or agrees to lend money in the future at specified dates or on request or on the occurrence of a particular event; but does not include any money lent by a registered bank at a commercial interest rate loan amount means— the amount of money lent by the lender under the loan; or where any money may be lent under the loan in the future, the maximum amount that may be owed at any one time; or the total of the amounts in paragraphs (a) and (b), in any case where the lender has provided, and may in the future provide, money under the loan registered bank has the same meaning as in section 2(1) of the reserve bank of new zealand act 1989. 213. party secretary may enter into loan on behalf of party a party may enter into a loan only with the authorisation of the party secretary. only the party secretary may enter into a loan on behalf of the party. if the party secretary enters into a loan that is not in writing, the party secretary must, as soon as is reasonably practicable, make a written record of the loan. a loan entered into in contravention of this section is an illegal contract for the purposes of the illegal contracts act 1970. 214. offence to enter into unauthorised loan a person is guilty of— a corrupt practice who wilfully contravenes section 213; and an illegal practice who contravenes section 213 in any other case. 214a. offence to enter into arrangement to circumvent section 213, 214c, or 214f a person who enters into an agreement, arrangement, or understanding with any other person for the purpose of circumventing section 213, or for the purpose of circumventing the disclosure required by section 214c or 214f, is guilty of an illegal practice. 214b. records of loans a party secretary must keep proper records of all loans entered into on behalf of the party. a party secretary who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $40,000. subpart 2. disclosure of loans 214c. annual return of loans a party secretary must file with the electoral commission, for each year, a return setting out— the details specified in subsection (2) in respect of— every loan entered into during the year that has a loan amount exceeding $15,000; and every loan entered into in any previous year that— has a loan amount exceeding $15,000; and at the close of 31 december of the year for which the return is filed, has an unpaid balance exceeding $15,000; and the details specified in subsection (3) in respect of every loan entered into during the year that has a loan amount not exceeding $15,000, but which exceeds $15,000 when aggregated with— the loan amounts of all other loans provided by the same lender during the year; or the unpaid balances of any loans provided by the same lender during any previous year; and the details specified in subsection (4) in respect of all other loans entered into during the year that each have loan amounts of not less than $1,500 and not more than $15,000. the details referred to in subsection (1)(a) are— the name of the lender; and the address of the lender; and the loan amount; and the date on which the loan was entered into; and the repayment date for the loan, or a statement that there is no repayment date; and the interest rate or rates; and the unpaid balance of the loan amount, if any; and the name and address of any guarantor of the loan; and the details of any security given for the loan; and whether there is any term of the loan agreement or arrangement that enables the lender to reduce or extinguish the loan amount or interest, or both, or grant any concession in respect of repayment of that amount or interest, or both. the details referred to in subsection (1)(b) are— the details specified in subsection (2); and the total of the aggregated loan amount. the details referred to in subsection (1)(c) are— the number of loans; and the total of the aggregated loan amounts. a return must— be filed by 30 april of the following year; and be in a form required by the electoral commission; and be accompanied by an auditor’s report obtained under section 214d. in this section, year means the period of 12 months starting on 1 january and ending with the close of 31 december. despite anything in subsection (1), if a party secretary is required to file under that subsection a return of party loans that relates to the year in which the party became registered, that return is to relate to the period beginning with the date of registration of the party and ending with 31 december of that year. 214d. auditor’s report on annual return of loans a party secretary must, before the electoral commission receives the return required by section 214c, obtain from the auditor appointed under section 206j a report on the return. the auditor must state in the report whether, in the auditor’s opinion, the return fairly reflects the loans entered into by the party. the auditor must make any examinations that the auditor considers necessary. the auditor must specify in the report any case in which— the return does not, in the auditor’s opinion, fairly reflect the loans entered into by or on behalf of the party: the auditor has not received from the party secretary all the information that the auditor requires to carry out his or her duties: proper records of loans entered into by or on behalf of the party have not, in the auditor’s opinion, been kept by the party secretary. the auditor— must have access at all reasonable times to all records, documents, and accounts that relate to the loans entered into by or on behalf of the party and that are held by the party or the party secretary; and may require the party secretary to provide any information and explanation that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report. 214e. nil return if a party secretary considers that there is no relevant information to disclose under section 214c, the party secretary must file a nil return under that section. 214f. return of loan provided by same lender exceeding $30,000 a party secretary must file with the electoral commission a return in respect of every loan entered into that has a loan amount exceeding $30,000. a party secretary must file with the electoral commission a return in respect of every loan entered into— that is provided by a lender who, in the 12 months immediately preceding the date on which the loan was entered into (the last 12 months), has provided 1 or more other loans to the party (previous loans); and that exceeds $30,000 when the amount of the loan is aggregated with the loan amounts of all the previous loans. if a return is made under subsection (2), the loans disclosed in that return must be disregarded when applying this section in relation to a loan that is entered into by the party after that return is filed. a return filed under subsection (1) must be in the form required by the electoral commission and must set out— the name of the lender; and the address of the lender; and the loan amount; and the date on which the loan was entered into; and the repayment date for the loan, or a statement that there is no repayment date; and the interest rate or rates; and the unpaid balance of the loan amount, if any; and the name and address of any guarantor of the loan; and the details of any security given for the loan; and whether there is any term of the loan agreement or arrangement that enables the lender to reduce or extinguish the loan amount or interest, or both, or grant any concession in respect of repayment of that amount or interest, or both. a return filed under subsection (2) must be in the form required by the electoral commission and must set out— the details specified in subsection (4) in respect of— the loan; and all previous loans; and the total of the aggregated loan amount. a return must be filed under subsection (1) or (2) within 10 working days of the loan being entered into by the party. 214g. offences relating to return of party loans a party secretary commits an offence and is liable on conviction to a fine not exceeding $40,000 who, without reasonable excuse,— files a return of party loans under section 214c during the late period: files a return of party loans under section 214f during the late period. a party secretary is guilty of a corrupt practice who, without reasonable excuse,— files a return of party loans under section 214c or 214f after the late period; or fails to file a return of party loans under— section 214c; section 214f. a party secretary who files a return under section 214c or 214f that is false in any material particular is guilty of— a corrupt practice if he or she filed the return knowing it to be false in any material particular; or an illegal practice in any other case unless the party secretary proves that— he or she had no intention to misstate or conceal the facts; and he or she took all reasonable steps in the circumstances to ensure that the information in the return was accurate. a party secretary charged with an offence against subsection (3)(a) may be convicted of an offence against subsection (3)(b). in this section, late period, in relation to the filing of a return, means the period commencing on the day after the date on which the return is required to be filed and ending on the day that is 15 working days later. 214h. duty of electoral commission if the electoral commission believes that any person has committed an offence specified in this part, the electoral commission must report the facts on which that belief is based to the new zealand police. subsection (1) does not apply if the electoral commission considers that the offence is so inconsequential that there is no public interest in reporting those facts to the new zealand police. 214i. obligation to retain records necessary to verify return of party loans a party secretary must take all reasonable steps to ensure that all records, documents, and accounts that are reasonably necessary to enable returns under sections 214c and 214f to be verified are retained until the expiry of the period within which a prosecution may be commenced under this act in relation to the returns or in relation to any matter to which the returns relate. a party secretary who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $40,000. 214j. return of party loans to be publicly available the electoral commission may publish, in any manner that the electoral commission considers appropriate, the following returns and reports: a return filed under section 214c; and a report obtained under section 214d accompanying a return referred to in paragraph (a); and a return filed under section 214f. during the public inspection period, the electoral commission must make available for public inspection a copy of every return and report referred to in subsection (1). the electoral commission may make inspection under subsection (2) subject to the payment of any charges that may be made under the official information act 1982. part 7. corrupt and illegal practices subpart 1. corrupt practices 215. personation every person is guilty of a corrupt practice who commits, or aids or abets, counsels, or procures the commission of, the offence of personation. every person commits the offence of personation who— votes as some other person, whether that person is living or dead or is a fictitious person; or having voted at any election, votes again at the same election; or having voted at an election in any district at a general election, votes at an election in another district at the same general election. for the purposes of this section, a person shall be deemed to have voted if he or she has applied for a ballot paper for himself or herself, or has applied to vote as a special voter, or has marked a ballot paper for himself or herself, whether validly or not. where the returning officer believes that any person has committed an offence against this section, the returning officer shall report the facts on which that belief is based to the new zealand police. 216. bribery every person is guilty of a corrupt practice who commits the offence of bribery. every person commits the offence of bribery who, directly or indirectly, by himself or herself or by any other person on his or her behalf— gives any money or procures any office to or for any voter, or to or for any other person on behalf of any voter, or to or for any other person, in order to induce any voter to vote or refrain from voting; or corruptly does any such act as aforesaid on account of any voter having voted or refrained from voting; or makes any such gift or procurement as aforesaid to or for any person in order to induce that person to procure, or endeavour to procure, the return of any person or candidates at an election or the vote of any voter,— or who, upon or in consequence of any such gift or procurement as aforesaid, procures, or engages, promises, or endeavours to procure, the return of any person or candidates at any election or the vote of any voter. for the purposes of this section,— references to giving money shall include references to giving, lending, agreeing to give or lend, offering, promising, or promising to procure or endeavour to procure, any money or valuable consideration: references to procuring any office shall include references to giving, procuring, agreeing to give or procure, offering, promising, or promising to procure or to endeavour to procure, any office, place, or employment. every person commits the offence of bribery who— advances or pays or causes to be paid any money to or to the use of any other person with the intent that that money or any part thereof shall be expended in bribery at any election; or knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any election. the foregoing provisions of this section shall not extend or be construed to extend to any money paid or agreed to be paid for or on account of any legal expenses incurred in good faith at or concerning an election. a voter commits the offence of bribery if before or during an election he or she directly or indirectly, by himself or herself or by any other person on his or her behalf, receives, or agrees or contracts for, any money, gift, loan, or valuable consideration, office, place, or employment for himself or herself or for any other person for voting or agreeing to vote or for refraining or agreeing to refrain from voting. every person commits the offence of bribery if after an election he or she directly or indirectly, by himself or herself or by any other person on his or her behalf, receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting. in this section the term voter includes any person who has or claims to have a right to vote. 217. treating every person is guilty of a corrupt practice who commits the offence of treating. every person commits the offence of treating who corruptly, by himself or herself or by any other person on his or her behalf, either before, during, or after an election, directly or indirectly gives or provides, or pays wholly or in part the expense of giving or providing, any food, drink, entertainment, or provision to or for any person— for the purpose of corruptly influencing that person or any other person to vote or refrain from voting; or for the purpose of procuring himself or herself to be elected; or on account of that person or any other person having voted or refrained from voting, or being about to vote or refrain from voting. every person commits the offence of treating who, being the holder of a licence for the sale by retail of alcohol (within the meaning of section 5(1) of the sale and supply of alcohol act 2012), knowingly supplies any food, drink, entertainment, or provision— to any person where the supply thereof is demanded for the purpose of treating, or for any corrupt or illegal practice; or to any persons, whether electors or not, for the purpose of procuring the return of a candidate or candidates at an election, and without receiving payment for it at the time when it is supplied. every elector who corruptly accepts or takes any such food, drink, entertainment, or provision also commits the offence of treating. notwithstanding anything in this section, the provision of a light supper after any election meeting shall be deemed not to constitute the offence of treating. 218. undue influence every person is guilty of a corrupt practice who commits the offence of undue influence. every person commits the offence of undue influence who— directly or indirectly, by himself or herself or by any other person on his or her behalf, makes use of or threatens to make use of any force, violence, or restraint, or inflicts or threatens to inflict, by himself or herself or by any other person, any temporal or spiritual injury, damage, harm, or loss upon or against any person, in order to induce or compel that person to vote for or against a particular candidate or party or to vote or refrain from voting, or on account of that person having voted for or against a particular candidate or having voted or refrained from voting; or by abduction, duress, or any fraudulent device or contrivance, impedes or prevents the free exercise of the franchise of an elector, or thereby compels, induces, or prevails upon an elector either to vote or to refrain from voting. subpart 2. illegal practices 219. payments for exhibition of election notices no payment or contract for payment may be made to any elector on account of the exhibition of, or the use of any house, land, building, or premises for the exhibition of, any address, poster, or notice that promotes or procures the election of a candidate or candidates at an election. subsection (1) does not apply if it is the ordinary business of an elector to exhibit for payment posters and advertisements and the payment or contract is made in the ordinary course of that business. if any payment or contract for payment is knowingly made in contravention of this section before, during, or after an election, the person making the payment or contract and, if he or she knew it to be in contravention of this act, any person receiving the payment or being a party to the contract is guilty of an illegal practice. 220. providing money for illegal purposes where any person knowingly provides money for any purpose which is contrary to the provisions of this act, or for any election expenses incurred in excess of the maximum amount allowed by this act, or for repaying any money expended in any such payment or expenses, that person is guilty of an illegal practice. 221. advertisements for candidates and political parties [repealed] 221a. electoral advertisements subject to subsection (2), no person shall publish or cause or permit to be published in any newspaper, periodical, poster, or handbill, or broadcast or cause or permit to be broadcast over any radio or television station, any advertisement relating to an election (not being an election advertisement as defined in section 3a) unless the advertisement contains a statement setting out the true name of the person for whom or at whose direction it is published and the address of that person’s place of residence or business. subsection (1) shall not apply to any advertisement published or broadcast, or caused or permitted to be published or broadcast, by the electoral commission, or any other agency charged with responsibilities in relation to the conduct of any official publicity or information campaign to be conducted on behalf of the government of new zealand and relating to electoral matters or the conduct of any general election or by-election and which either contains a statement indicating that the advertisement has been authorised by that officer or agency, or contains a symbol indicating that the advertisement has been authorised by that officer or agency. every person is guilty of an illegal practice who wilfully contravenes any provision of subsection (1). nothing in this section shall restrict the publication of any news or comments relating to an election in a newspaper or other periodical or in a radio or television broadcast made by a broadcaster within the meaning of section 2 of the broadcasting act 1989. 221b. display of advertisement of a specified kind during the period beginning 2 months before polling day and ending with the close of the day before polling day, the display of an advertisement of a specified kind is not subject to— any prohibition or restriction imposed in any other enactment or bylaw, or imposed by any local authority, that applies in relation to the period when an advertisement of a specified kind may be displayed; or any prohibition or restriction imposed in any bylaw, or imposed by any local authority, that applies in relation to the content or language used in an advertisement of a specified kind. in this section, advertisement of a specified kind means an advertisement displayed in a public place or on private property that does not exceed 3 square metres in size and that— encourages or persuades, or appears to encourage or persuade, voters to vote for a party registered under part 4; or is used, or appears to be used, to promote or procure the election of a candidate; but does not include— an advertisement published in any newspaper, periodical, or handbill, or in any poster less than 150 square centimetres in size; or an advertisement broadcast by any television station or by any electronic means of communication. nothing in this section limits or prevents the display before polling day of any advertisement relating to an election that complies with any prohibition or restriction imposed in any enactment or bylaw, or imposed by any local authority. 222. procurement of voting by unqualified voters every person is guilty of an illegal practice who induces or procures to vote at any election any person whom he or she knows at the time to be disqualified or prohibited, whether under this act or otherwise, from voting at that election. subpart 3. general provisions 223. cinematograph films for the purposes of this act, the exhibition of any cinematograph film shall not be deemed to constitute bribery or treating or an illegal practice, and any payment or contract for payment in respect of any such exhibition shall not be deemed to constitute an illegal practice notwithstanding that the film may be wholly or mainly an advertisement. for the purposes of this section, the expression cinematograph film or film includes any screen advertisement of any description. 224. punishment for corrupt or illegal practice every person who is guilty of any corrupt practice is liable on conviction to either or both of the following: a term of imprisonment not exceeding 2 years: a fine not exceeding— $100,000 in the case of a person who is a constituency candidate, party secretary, or registered promoter and who is convicted of any corrupt practice under part 6a; or $40,000 in any other case. every person who is guilty of any illegal practice is liable on conviction to a fine not exceeding— $40,000 in the case of a person who is a constituency candidate, party secretary, or registered promoter and who is convicted of any illegal practice under part 6aa or 6a; or $40,000 in the case of a person who is an unregistered promoter and who is convicted of any illegal practice under section 204b or 204d; or $10,000 in any other case. subsection (1) does not apply in relation to a corrupt practice under— section 201; or section 43 of the citizens initiated referenda act 1993. 225. persons charged with corrupt practice may be found guilty of illegal practice any person charged with a corrupt practice may, if the circumstances warrant that finding, be found guilty of an illegal practice; and any person charged with an illegal practice may be found guilty of that offence notwithstanding that the act constituting the offence amounted to a corrupt practice. 226. time limit for prosecutions despite anything to the contrary in section 25 of the criminal procedure act 2011, a prosecution under any of the following provisions must be commenced within 6 months of the date on which the return was required to be filed: section 205n(1): section 206n(1): section 209b(1): section 210d(1)(a): section 214g(1)(a). despite anything to the contrary in section 25 of the criminal procedure act 2011, a prosecution under section 206ze(1), 210d(1)(b), or 214g(1)(b) must be commenced— within 6 months of the date on which the prosecutor is satisfied that there is sufficient evidence to warrant the commencement of the proceedings; but not later than 3 years after the offence was committed. despite anything to the contrary in section 25 of the criminal procedure act 2011, a prosecution against any person for a corrupt practice or an illegal practice must be commenced— within 6 months of the date on which the prosecutor is satisfied that there is sufficient evidence to warrant the commencement of the proceedings; but not later than 3 years after the corrupt practice or illegal practice was committed. 226a. power to issue search warrants in respect of illegal practice [repealed] 227. punishment for disqualified person voting if any person, while his or her name is on the corrupt practices list for any district, votes or applies for a ballot paper or applies to vote as a special voter at any election in that or any other district, he or she shall, notwithstanding that his or her name may be on the main roll or any supplementary roll, be liable on conviction to a fine not exceeding $4,000, and his or her vote shall be void. 228. reversal of disqualification procured through perjury where the name of any person is entered on the corrupt practices list for any district by reason of any conviction or any report by the high court, and any witness who gave evidence against that person in the proceedings resulting in that conviction or report is convicted of perjury in respect of that evidence, that person may apply to the high court, and that court, if satisfied that the conviction or report so far as it relates to that person was based on perjury, may order that the name of that person be removed from the corrupt practices list. part 8. election petitions 229. method of questioning election no election and no return to the house of representatives shall be questioned except by a petition complaining of an unlawful election or unlawful return (in this act referred to as an election petition) presented in accordance with this part. a petition complaining of no return shall be deemed to be an election petition, and the high court or the court of appeal may make such order thereon as the court thinks expedient for compelling a return to be made or may allow the petition to be heard as provided with respect to ordinary election petitions. an election petition relating to the return of a member of parliament representing an electoral district or the failure to present a return at an election for a member of parliament representing an electoral district shall be presented to the high court and determined in accordance with sections 230 to 257. an election petition relating to the allocation of seats by the electoral commission under sections 191 to 193 may be presented to the court of appeal in accordance with sections 258 to 262. 230. election petitions to high court an election petition to which section 229(3) applies may be presented to the high court by 1 or more of the following persons: a person who voted or had a right to vote at the election: a person claiming to have had a right to be elected or returned at the election: a person alleging himself or herself to have been a constituency candidate at the election. the member whose election or return is complained of shall be the respondent to the petition, and, if the petition complains of the conduct of the returning officer or registrar of electors, he or she shall also be a respondent. the petition shall be in such form and state such matters as are prescribed by rules of court, and be signed by the petitioner or all the petitioners if more than 1. the petition shall be presented by filing it in the registry of the high court nearest to the place where the election was held. the registrar of the court shall forthwith send a copy of the petition to the returning officer. the petition shall be served as nearly as may be in the manner in which a statement of claim is served, or in such other manner as may be prescribed by rules of court. 231. time for presentation of election petition subject to the provisions of this section, an election petition shall be presented within 28 days after the day on which the electoral commission has publicly notified the result of the poll. if the petition questions the election or return upon an allegation of a corrupt practice and specifically alleges a payment of money or other reward to have been made by the member or on his or her account or with his or her knowledge and consent since the day of the said declaration in pursuance or furtherance of the alleged corrupt practice, it may be presented within 28 days after the date of the payment. for the purposes of this section, an allegation that an election is avoided under section 238 shall be deemed to be an allegation of corrupt practices, notwithstanding that the offences alleged are or include offences other than corrupt practices. 232. security for costs at the time of presenting an election petition or within 3 days after the expiration of the time limited for the presentation of the petition, the petitioner shall give security to the satisfaction of the registrar of the court for all costs that may become payable by the petitioner to any witness summoned on the petitioner’s behalf or to any respondent. the security shall be an amount of $1,000, and shall be given by recognisance to the crown entered into by any number of sureties not exceeding 5 or by a deposit of money, or partly in one way and partly in the other. if no security is given as required by this section, no further proceedings shall be taken on the petition. 233. more than 1 petition relating to same election where more petitions than 1 are presented relating to the same election or return, all those petitions shall be dealt with as 1 petition. 234. rules of court rules of court may be made in the manner prescribed by the judicature act 1908 for the purposes of this part. all rules made under this section shall be laid before the house of representatives not later than the 16th sitting day of the house of representatives after the day on which they are made. subpart 4. trial of election petition 235. court and place of trial every election petition to which section 229(3) applies shall be tried by the high court, and the trial shall take place before 3 judges of the court to be named by the chief justice. if any such judge, before the conclusion of the trial, becomes unable to act, the chief justice shall name another judge to act in his or her place. the place of trial shall be at the registry of the court where the petition is filed: provided that the high court, on being satisfied that special circumstances exist rendering it desirable that the petition should be tried elsewhere, may appoint such other place for the trial as appears most convenient. 236. trial of petition an election petition to which section 229(3) applies shall be tried in open court without a jury, and notice of the time and place of trial shall be given not less than 14 days before the day of trial. the court may in its discretion adjourn the trial from time to time, but the trial shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day on every lawful day until its conclusion. the trial of an election petition shall be proceeded with notwithstanding that the respondent may have become disqualified as a member of parliament, or that parliament may have been prorogued. subject to this act, the court shall have jurisdiction to inquire into and adjudicate on any matter relating to the petition in such manner as the court thinks fit, and, in particular, may at any time during the trial direct a recount or scrutiny of some or all of the votes given at the election, and shall disallow the vote of every person proved to have been guilty of any corrupt practice, or whose name has been wrongly placed or retained on the roll. notwithstanding subsection (4), the vote of any person who on polling day was entitled to be registered as an elector of the district shall not be disallowed on the ground that his or her name has been wrongly placed or retained on the roll. notwithstanding subsection (4), where an elector— has been registered as an elector of the district by an error on the part of an official; and has exercised his or her vote in respect of that district in good faith without notice of the error,— his or her vote shall not be disallowed by reason only of that error. on the trial of an election petition, unless the court otherwise directs, any charge of a corrupt or illegal practice may be gone into, and evidence in relation thereto received before any proof has been given that any candidate was aware of or consenting to the corrupt or illegal practice. on the trial of an election petition to which section 229(3) applies complaining of an unlawful election or return and claiming the seat for some person, the respondent may give evidence to prove that that person was not duly elected, in the same manner as if the respondent had presented a petition against the election of that person. 237. avoidance of election of candidate guilty of corrupt practice where a candidate who has been elected at any election is proved at the trial of an election petition to which section 229(3) applies to have been guilty of any corrupt practice at the election, his or her election shall be void. 238. avoidance of election for general corruption where it is reported by the high court on the trial of an election petition that corrupt or illegal practices committed in relation to the election for the purpose of promoting or procuring the election of any constituency candidate or constituency candidates thereat have so extensively prevailed that they may be reasonably supposed to have affected the result, the constituency candidate’s election, if the candidate has been elected and is a respondent, shall be void. except under this section, an election shall not be liable to be avoided by reason of the general prevalence of corrupt or illegal practices. 239. votes to be struck off for corrupt practices where, on the trial of an election petition to which section 229(3) applies claiming the seat for any person, a constituency candidate is reported by the high court to have been proved guilty of bribery, treating, or undue influence in respect of any person who voted at the election, there shall, on a scrutiny, be struck off from the number of votes appearing to have been received by the candidate 1 vote for every person who voted at the election and is reported to have been proved to have been so bribed, treated, or unduly influenced. 240. real justice to be observed on the trial of any election petition,— the court shall be guided by the substantial merits and justice of the case without regard to legal forms or technicalities: the court may admit such evidence as in its opinion may assist it to deal effectively with the case, notwithstanding that the evidence may not otherwise be admissible in the high court. 241. irregularities not to invalidate election no election shall be declared invalid by reason of— any failure to comply with the times prescribed for doing any act; or any omission or irregularity in filling out any form prescribed by this act or by regulations made thereunder; or any want or defect in the appointment of any official or scrutineer; or any absence of, or mistake or omission or breach of duty by, any official, whether before, during, or after the polling— if the court is satisfied that the election was so conducted as to be substantially in compliance with the law as to elections, and that the failure, omission, irregularity, want, defect, absence, mistake, or breach did not affect the result of the election. 242. decision of court to be final all decisions of the high court under this part shall be final and conclusive and without appeal, and shall not be questioned in any way. 243. certificate of court as to result of election at the conclusion of the trial of an election petition to which section 229(3) applies, the court shall determine whether the member whose election or return is complained of, or any and what other person, was duly elected or returned, or whether the election was void, and shall forthwith certify in writing the determination to the speaker, and the determination so certified shall be final to all intents and purposes. 243a. orders to be made by court after determination under section 243 if list seats allocated this section applies if, at the conclusion of the trial of an election petition,— the court determines, under section 243, that the candidate who was duly elected was not declared elected under section 179(2) and the candidate who was declared elected under section 179(2) was not duly elected; and an allocation of seats by the electoral commission under sections 191 to 193 has been made. if this section applies, the court must— make an order that any declaration of election made pursuant to section 193(5) is invalid so far as it relates to the election of any specified candidate and that the election of any specified candidate is void; and order that the electoral commission repeat any or all of the procedures prescribed by sections 191 to 193 and make a further declaration under section 193(5); and immediately certify in writing to the speaker the orders made under paragraphs (a) and (b). the orders certified under subsection (2)(c) are final for all purposes. 244. report of court as to corrupt or illegal practices where, in an election petition to which section 229(3) applies, any charge is made of any corrupt or illegal practice having been committed at the election, the court shall, in addition to giving a certificate and at the same time, report in writing to the speaker as follows: whether any corrupt or illegal practice has or has not been proved to have been committed by or with the knowledge and consent of any constituency candidate at the election, and the nature of the corrupt or illegal practice: whether any of the constituency candidates has been guilty by his or her agents of any corrupt or illegal practice in reference to the election: the names of all persons proved at the trial to have been guilty of any corrupt or illegal practice and whether they have received certificates of indemnity: whether there is reason to believe that corrupt or illegal practices have extensively prevailed at the election. in the case of someone who is not a party to the petition nor a constituency candidate on behalf of whom the seat is claimed by the petition, the court, before reporting him or her to have been proved guilty of any corrupt or illegal practice, shall first cause notice to be given to him or her, and if he or she appears in pursuance of the notice, shall give him or her an opportunity of being heard and of calling evidence in his or her defence to show why he or she should not be so reported. for the purposes of this act, if it is reported by the court that a corrupt or illegal practice was committed with the knowledge and consent of a constituency candidate, he or she shall be treated as having been reported to have been proved guilty of that corrupt or illegal practice. if a constituency candidate is reported to have been guilty by his or her agents of treating, undue influence, or any illegal practice, and the court further reports— that no corrupt or illegal practice was committed at the election by the constituency candidate with his or her knowledge or consent, and that the offences mentioned in the report were committed without the sanction or connivance of the constituency candidate; and that all reasonable means for preventing the commission of corrupt and illegal practices at the election were taken by and on behalf of the constituency candidate; and that the offences mentioned in the report were of a trivial, unimportant, and limited character; and that in all other respects the election was free from any corrupt or illegal practice on the part of the constituency candidate and of his or her agents,— the constituency candidate shall not be treated for the purposes of this act as having been reported to have been proved guilty of the offences mentioned in the report. 245. special report at the same time as the court gives its certificate at the conclusion of the trial of an election petition to which section 229(3) applies, the court may make a special report to the speaker as to any matters arising in the course of the trial an account of which, in the judgment of the court, ought to be submitted to the house of representatives. 246. signature and effect of certificate and report the certificate and any report of the court at the conclusion of the trial of an election petition shall be signed by at least 2 of the judges presiding at the trial. on being informed by the speaker of the certificate and any report of the court, the house of representatives shall order the same to be entered in the journals of the house, and shall give the necessary directions for confirming or altering the return, or for issuing a writ for a new election, or for carrying out the determination, as the circumstances may require. where the court makes a special report, the house may make such order in respect of that report as the house thinks proper. subpart 5. witnesses 247. summons and examination of witnesses witnesses may be summoned and sworn on the trial of an election petition to which section 229(3) applies in the same manner, as nearly as circumstances admit, as in the trial of an ordinary action. the high court may by order require any person who appears to the court to have been concerned in the election to attend as a witness, and every person who refuses to obey any such order shall be guilty of contempt of court. the court may examine any person so required to attend or any person in court, although he or she is not called or examined by any party to the petition. after the examination of a witness as aforesaid by the court, he or she may be cross-examined by or on behalf of the petitioner and respondent, or either of them. 248. certificate of indemnity to witness a person called as a witness on the trial of an election petition to which section 229(3) applies shall not be excused from answering any question relating to any offence at or connected with the election on the ground that the answer thereto may incriminate or tend to incriminate himself or herself, or on the ground of privilege: provided that— an answer by a person to a question put by or before the court shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be admissible in evidence against that person in any proceeding, civil or criminal: a witness who answers truly all questions which he or she is required by the court to answer shall be entitled to receive a certificate of indemnity, stating that he or she has so answered. where a person has received a certificate of indemnity in relation to an election, and any legal proceeding is at any time instituted against that person for any offence committed by that person at or in connection with the election previously to the date of the certificate, the court having cognisance of the case shall on production of the certificate stay the proceeding, and may in its discretion award to the said person such costs as he or she has been put to in the proceeding. nothing in this section shall be deemed to relieve a person receiving a certificate of indemnity from any incapacity under this act or from any proceedings to enforce any such incapacity (other than a criminal prosecution). 249. expenses of witnesses the reasonable expenses incurred by any person in appearing to give evidence at the trial of an election petition to which section 229(3) applies, according to the scale allowed to witnesses on the trial of civil actions, may be allowed to him or her by the court. any such expenses, if the witness was called and examined by the court, shall be deemed to be part of the expenses of the court, and in other cases shall be deemed to be costs of the petition. subpart 6. costs 250. costs of petition all costs of and incidental to the presentation of an election petition to which section 229(3) applies, and to the proceedings consequent thereon, except such as are by this act otherwise provided for shall be defrayed by the parties to the petition in such manner and in such proportions as the high court may determine; and, in particular, any costs which, in the opinion of the court, have been caused by vexatious conduct, unfounded allegations, or unfounded objections on the part either of the petitioner or of the respondent, and any needless expenses incurred or caused on the part of the petitioner or respondent, may be ordered to be defrayed by the parties by whom they were caused or incurred, whether those parties are or are not on the whole successful. if a petitioner fails for 6 months after demand to pay to any person summoned as a witness on the petitioner’s behalf, or to the respondent, any sum certified to be due to that person for costs, and the failure is within 1 year after the demand proved to the satisfaction of the high court, every person who has under this act entered into a recognisance relating to the petition shall be held to have made default in the recognisance, and it shall be dealt with in the manner provided by section 21 of the crown proceedings act 1950. 251. costs payable by persons proved guilty of corrupt or illegal practices where on the trial of an election petition to which section 229(3) applies it appears to the court that any person has been guilty of any corrupt or illegal practice, the court may, after giving that person an opportunity of making a statement to show why the order should not be made, order the whole or any part of the costs of or incidental to any proceedings before the court in relation to that offence or to that person to be paid by that person to such other person or persons as the court thinks fit. all costs so ordered to be paid may be recovered as a debt due by the person by whom they are ordered to be paid to the person or persons to whom they are ordered to be paid. subpart 7. withdrawal and abatement of petitions 252. withdrawal of petition a petitioner shall not withdraw an election petition to which section 229(3) applies without the leave of the high court upon special application to be made in the prescribed manner. no such application shall be made until the prescribed notice of the intention to make it has been given in the district to which the petition relates. where there are more petitioners than 1, an application to withdraw the petition shall not be made except with the consent of all the petitioners. if a petition is withdrawn, the petitioner shall be liable to pay the costs of the respondent. 253. substitution of new petitioner on the hearing of an application for leave to withdraw a petition, any person who might in the first instance have presented the petition may apply to the court to be substituted as a petitioner. the court may, if it thinks fit, substitute any such applicant as petitioner, and may, if the proposed withdrawal is in the opinion of the court the result of any corrupt bargain or consideration, by order direct that the security given on behalf of the original petitioner shall remain as security for any costs incurred by the substituted petitioner, and that to the extent of the sum named in the security the original petitioner shall be liable to pay the costs of the substituted petitioner. if the court does not so direct, security to the same amount as would be required in the case of a new petition, and subject to the like conditions, shall be given on behalf of the substituted petitioner within 3 days after the order of substitution. subject as aforesaid, a substituted petitioner shall as nearly as may be stand in the same position and be subject to the same liabilities as the original petitioner. 254. report on withdrawal in every case of the withdrawal of an election petition to which section 229(3) applies, the high court shall make a report to the speaker stating whether in its opinion the withdrawal of the petition was the result of any corrupt arrangement or in consideration of the withdrawal of any other election petition and, if so, the circumstances attending the withdrawal. 255. abatement of petition an election petition to which section 229(3) applies shall be abated by the death of a sole petitioner or of the survivor of several petitioners. the abatement of a petition shall not affect the liability of the petitioner or any other person to the payment of costs previously incurred. on the abatement of a petition, notice of the abatement shall be given in the prescribed manner; and, within 28 days after the notice is given, any person who might have been a petitioner in respect of the election may apply to the high court in the prescribed manner to be substituted as a petitioner. on any such application the high court may, if it thinks fit, substitute the applicant accordingly. security shall be given on behalf of a petitioner so substituted, as in the case of a new petition. subpart 8. general provisions 256. withdrawal and substitution of respondents before trial if, before the trial of an election petition to which section 229(3) applies, a respondent other than the returning officer or a registrar of electors— dies; or gives the prescribed notice that he or she does not intend to oppose the petition; or loses his or her seat by reason of the house of representatives resolving that the seat is vacant,— notice thereof shall be given in the prescribed manner; and, within 28 days after the notice is given, any person who might have been a petitioner in respect of the election may apply to the high court to be admitted as a respondent to oppose the petition, and shall be admitted accordingly, except that the number of persons so admitted shall not exceed 3. a respondent who has given the prescribed notice that he or she does not intend to oppose the petition shall not be allowed to appear or act as a party against the petition in any proceedings thereon, and shall not sit or vote in the house of representatives until that house has been informed of the report on the petition. where a respondent has given the prescribed notice as aforesaid, the court shall report that fact to the speaker. 257. submission of report to attorney-general where the high court reports that certain persons named have been proved at the trial of an election petition to have been guilty of any corrupt or illegal practice, the report shall be given to the attorney-general. 258. electoral petitions to court of appeal an electoral petition relating to the allocation of seats under sections 191 to 193 may be presented to the court of appeal by a secretary of a political party whose party was listed in the part of the ballot paper that relates to the party vote. the petition may seek a review of the procedures and methods used to allocate seats to political parties under sections 191 to 193, and the return of members of parliament consequential upon that allocation. the respondents shall be the other political parties named in the part of the ballot paper that relates to the party vote, and, if the conduct of the electoral commission is complained of, the electoral commission. subject to subsections (1) to (3), the petition shall be in such form and state such matters as are prescribed by rules of court, and be signed by the petitioner or all the petitioners if more than 1. the petition shall be presented by filing it in the registry of the court of appeal. the registrar of the court shall forthwith send a copy of the petition to the electoral commission. the petition shall be served as nearly as may be in the manner in which a statement of claim is served, or in such other manner as may be prescribed by rules of court. 259. time for presentation of an election petition to court of appeal an election petition under section 258 shall be presented within 28 days of the date of the declaration made under section 193(5) by the electoral commission. 260. matters excluded from challenge on the hearing of a petition presented pursuant to section 258, no decision shall be subject to challenge on the grounds— that the vote of any elector should have been disallowed because he or she was not qualified to vote in the electoral district in respect of which he or she cast his or her vote; or that the vote of any voter that was disallowed should have been allowed; or that a candidate or candidates, or the agent of any candidate, was engaged in a corrupt or illegal practice; or that corrupt or illegal practices prevailed at the election. 261. provisions applied where any petition is presented under section 258, the provisions of sections 232 to 235, subsections (1) to (3) and (8) of section 236, sections 240 to 242, sections 245 to 250, and section 252 (other than subsection (2)), shall apply, with any necessary modifications, as if references to the high court were references to the court of appeal. 262. certificate of court as to result of petitions at the conclusion of the trial of an election petition to which section 258 applies, the court of appeal shall— determine whether the procedures used to allocate seats to political parties under sections 191 to 193 were correct: determine whether the return of members of parliament consequential upon the allocation under sections 191 to 193 is valid: make such orders as are necessary to correct any error or invalidity, including— an order that any declaration of election made pursuant to section 193(5), so far as it relates to any candidate named in the order, is invalid and the election of that candidate void: an order that any candidate not named in a declaration of election made pursuant to section 193(5) is elected as a member of parliament: an order requiring the electoral commission to repeat any or all of the procedures prescribed by sections 191 to 193: forthwith certify in writing its determination to the speaker and the determination so certified shall be final to all intents and purposes. part 9. miscellaneous provisions 263. service of notices any notice under this act may be served on any person by delivering it to that person, and may be delivered to that person either personally or by leaving it at his or her place of residence as stated on the roll or by posting it by registered letter addressed to him or her at that place of residence. a notice so posted shall be deemed to have been served at the time when the registered letter would in the ordinary course of post be delivered. where any notice is sent by registered letter addressed to any person at his or her place of residence as stated on the roll, with a special request that the letter be returned to the sender at the expiration of 15 days if the person to whom the letter is addressed cannot be found, the return of the letter by a person registered as a postal operator under the postal services act 1998 must be treated as sufficient proof that the person has quitted that place of residence. registered letter includes any service that— provides a system of recorded delivery; and is similar in nature to a registered post service provided by a person registered as a postal operator under the postal services act 1998. 263a. disclosure of immigration information for matching purposes in this section,— immigration information, in relation to any person, means— responsible department means the department of state that is, with the authority of the prime minister, responsible for the administration of the immigration act 2009. the purpose of this section is to facilitate the disclosure of information from the responsible department to the electoral commission for the purposes of— verifying, for the purposes of this act, that any person who is, or has applied to be, registered as an elector of an electoral district is qualified to be registered as an elector of that electoral district: verifying that a person who is, or has applied to be, registered as an elector is a person who the chief executive of the responsible department believes to be either— a person who is unlawfully in new zealand; or a person who is lawfully in new zealand but only by virtue of being the holder of a temporary entry class visa of whatever type. for the purposes of this section, any officer or employee or agent of the responsible department authorised in that behalf by the chief executive of that department may, at the request of the electoral commission, supply to the electoral commission any immigration information held by that department. if, in relation to any person, immigration information is supplied to the electoral commission pursuant to subsection (3), the electoral commission may cause a comparison of that information to be made with any information that is held by the electoral commission and that relates to that person. if the result of a comparison carried out pursuant to subsection (4) indicates that any person who has applied to be (but is not yet) registered as an elector, or who is on the electoral roll, is— a person who the chief executive of the responsible department believes is unlawfully in new zealand; or a person who is lawfully in new zealand but only by virtue of being the holder of a temporary entry class visa of whatever type,— the electoral commission must advise the registrar of the electoral district in which that person is, or has applied to be, registered as an elector accordingly. after receiving advice from the electoral commission under subsection (5) that, in relation to any person, either of the circumstances referred to in subsection (5) applies, the registrar must,— if the person has applied to be (but is not yet) registered as an elector for the district, follow the procedure specified in section 87; or if the person is registered as an elector for the district and the name of the person is on the roll for the district, object under section 96 to the name of that person being on the roll for the district. 263b. disclosure of personal information for enrolment purposes the purpose of this section is to facilitate the disclosure of information described in subsection (2) by a specified agency to the electoral commission only for the purposes of— identifying persons who are qualified to apply to register as an elector but who have not yet registered; and encouraging those persons identified to register as an elector; and updating and ensuring the accuracy of the particulars of persons whose names are on the roll. the information referred to in subsection (1) is the following information relating to any person of or over the age of 17 years: the person’s full name: the person’s date of birth: the person’s address of residence (if known): the person’s postal address (if known and if different from the address of residence in paragraph (c)): the person’s preferred honorific (if known): the date at which the information in paragraphs (a) to (e) held by the agency was last provided to the agency. for the purposes of this section, a specified agency means— the department for the time being responsible for the administration of the social security act 1964; and the registrar of motor vehicles; and the new zealand transport agency; and the department of internal affairs. for the purposes of this section, any officer or employee or agent of a specified agency, authorised by the chief executive of that agency, may from time to time, at the request of the electoral commission, supply to the electoral commission any of the information described in subsection (2) held by that agency,— in the case of the department for the time being responsible for the administration of the social security act 1964, in relation to any— beneficiary; or student; or borrower (as that term is defined in section 4(1) of the student loan scheme act 2011): in the case of the registrar of motor vehicles, in relation to motor vehicle registration: in the case of the new zealand transport agency, in relation to driver licences: in the case of the department of internal affairs, in relation to any persons— who obtain new zealand citizenship under the citizenship act 1977; or by whom, or on whose behalf, an application is made under the passports act 1992 for the issue or renewal of a new zealand passport. if, in relation to any person, information is supplied to the electoral commission under subsection (4), the electoral commission may cause a comparison of that information to be made with any information that is held by the electoral commission and that relates to that person. in this section, registrar of motor vehicles has the same meaning as registrar in section 233(1) of the land transport act 1998. 264. review by select committee the house of representatives shall, as soon as practicable after 1 april 2000, appoint a select committee to consider the following matters: the effect of sections 35 and 36 on the operation of the electoral system: the provisions of this act dealing with maori representation: whether there should be a further referendum on changes to the electoral system. the select committee appointed under subsection (1) shall report to the house of representatives before 1 june 2002 and shall include in its report a statement indicating— whether, in its view, there should be changes to sections 35 and 36; and whether, in its view, there should be changes to the provisions of this act dealing with maori representation; and whether in its view there should be a further referendum on changes to the electoral system, and, if so, the nature of the proposals to be put to voters and the timing of such a referendum. 265. registrars of electors exempt from court fees registrars of electors shall be exempt from the payment of any court fees in respect of any proceedings under this act. 266. validation of irregularities where anything is omitted to be done or cannot be done at the time required by or under this act, or is done before or after that time, or is otherwise irregularly done in matter of form, or sufficient provision is not made by or under this act, the governor-general may, by order in council published in the gazette, at any time before or after the time within which the thing is required to be done, extend that time, or validate anything so done before or after the time required or so irregularly done in matter of form, or make other provision for the case as he or she thinks fit: provided that this section shall not apply with respect to the presentation of an election petition or to the giving of security for costs in relation to an election petition. 266a. expenditure limits to be adjusted each year by order in council the governor-general must, by order in council made on the recommendation of the minister, in the manner provided in subsections (2) to (6), adjust the amounts specified in the following provisions: section 204b(1)(d) (which relates to the maximum amount of advertising expenses that may be incurred by an unregistered promoter): section 205c (which relates to the maximum amount of a candidate’s election expenses): section 206c (which relates to the maximum amount of a party’s election expenses): section 206v (which relates to the maximum amount of a registered promoter’s election expenses). the first order in council must— come into force on 1 july 2011; and adjust the amount referred to in section 206c(1)(a) to reflect the movement between the cpi for the quarter ending 30 september 2010 and the cpi for the quarter ending 31 march 2011. every subsequent order in council must— come into force on every following 1 july; and adjust the amounts referred to in subsection (1) to reflect the movement between the cpi for the quarter ending 31 march of the previous year and the cpi for the quarter ending 31 march of the current year. if after adjustment in accordance with subsection (3)(b) any of the amounts specified in the following sections is not a whole number of hundred dollars, the adjusted amount must be rounded up to the next whole hundred dollars: section 204b(1)(d): section 205c(1)(a) and (b): section 206c(1)(b) and (2). if after adjustment in accordance with subsection (2)(b) or (3)(b) the amount specified in section 206c(1)(a) or 206v is not a whole number of thousand dollars, the adjusted amount must be rounded up to the next whole thousand dollars. if an adjusted amount has been rounded up in accordance with subsection (4) or (5), the adjustment to that amount made the following year must be based on the adjusted amount as it was before it was rounded up. if in any year a regulated period for a general election or a by-election commences before 1 july and ends on or after that date,— the adjustments to the amounts referred to in subsection (1) made by the order in council that commences on 1 july of that year do not apply in respect of that election or by-election; and the adjustments to the amounts referred to in subsection (1) made by the order in council of the previous year apply to that election or by-election. in this section cpi means the consumers price index all groups published by statistics new zealand. 267. regulations the governor-general may from time to time, by order in council, make regulations for all or any of the following purposes: prescribing forms for the purposes of this act: prescribing fees, or a scale of fees, for the supply of computer-compiled lists and electronic storage media by the electoral commission to any person under section 114, and for the giving of remote access by electronic means under that section: prescribing criteria, in addition to those specified in section 111e(3)(a) to (d), of which the minister of justice and the minister of maori affairs must be satisfied in relation to a particular person or body of persons before designating it under section 111e: defining iwi organisation and other maori organisation for the purposes of sections 111a to 111f: prescribing the time at which, and the manner in which, special voters may vote (whether at a polling place or not and whether in or outside new zealand): prescribing conditions upon or subject to which special voters may vote: prescribing different methods of voting for different classes of special voters: prescribing offences in respect of the contravention of or non-compliance with any regulations made under this act: prescribing penalties for offences against regulations made under this act, not exceeding imprisonment for a term of 3 months or a fine of $1,000 or both: providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this act and for its due administration. 267a. regulations relating to advertisement of a specified kind the governor-general may from time to time, by order in council made on the recommendation of the minister, make regulations regulating— all or any of the following matters in relation to an advertisement of a specified kind: design: layout: shape: colour: the procedures to be followed by any person before displaying an advertisement of a specified kind. regulations made under subsection (1)(a)— may be made only for the purpose of ensuring that an advertisement of a specified kind does not endanger the safety of road users; and apply only during the period beginning 2 months before polling day and ending with the close of the day before polling day. regulations made under subsection (1) may— impose different requirements for an advertisement of a specified kind depending on how it is published: override or modify any other enactment and any bylaw or other instrument. in this section, advertisement of a specified kind has the same meaning as in section 221b(2). this section is subject to section 267b. 267b. requirements before minister can recommend that regulations be made the minister may not recommend the making of any regulations under section 267a(1)(a) unless— the minister has consulted with the minister who is for the time being responsible for the administration of the land transport act 1998; and the minister is satisfied that the regulations do not restrict the rights of candidates and political parties any more than is reasonably necessary to ensure that an advertisement of a specified kind does not endanger the safety of road users; and the recommendation is agreed by at least half of the parliamentary leaders of all political parties represented in parliament; and the members of parliament of the political parties whose parliamentary leaders agree with the minister’s recommendation comprise at least 75% of all members of parliament. the minister may not recommend the making of any regulations under section 267a(1)(b) unless— the minister has consulted with the minister of local government; and the recommendation is agreed by at least half of the parliamentary leaders of all political parties represented in parliament; and the members of parliament of the political parties whose parliamentary leaders agree with the minister’s recommendation comprise at least 75% of all members of parliament. 268. restriction on amendment or repeal of certain provisions this section applies to the following provisions (hereinafter referred to as reserved provisions), namely,— section 17(1) of the constitution act 1986, relating to the term of parliament: section 28, relating to the representation commission: section 35, and the definition of the term general electoral population in section 3(1), relating to the division of new zealand into electoral districts after each census: section 36, relating to the allowance for the adjustment of the quota: section 74, and the definition of the term adult in section 3(1), and section 60(f), so far as those provisions prescribe 18 years as the minimum age for persons qualified to be registered as electors or to vote: section 168, relating to the method of voting. no reserved provision shall be repealed or amended unless the proposal for the amendment or repeal— is passed by a majority of 75% of all the members of the house of representatives; or has been carried by a majority of the valid votes cast at a poll of the electors of the general and maori electoral districts: provided that this section shall not apply to the repeal of any reserved provision by a consolidating act in which that provision is re-enacted without amendment and this section is re-enacted without amendment so as to apply to that provision as re-enacted. subpart 1. transitional provisions 269. membership of representation commission every person who held office as a member of the representation commission under section 15(2)(e) or section 15(2)(f) or section 15(3)(b) of the electoral act 1956 immediately before the commencement of this section shall be deemed to have been appointed as a member of the commission under section 28(2)(e) or section 28(2)(f) or section 28(3)(b) of this act, as the case may require. for the purpose of enabling the representation commission to divide new zealand into electoral districts on the first occasion after this act is passed, the minister shall, as soon as is practicable after the commencement of this section, specify a period of 2 months during which any maori may exercise the option given by section 76. following the report of the electoral commission under section 77(6), the government statistician shall prepare a report on the general electoral population and the maori electoral population in accordance with the provisions of this act, based on the results of the periodical census conducted in the year 1991, and the report of the electoral commission made pursuant to section 77(6), and shall report the results of the census and his or her calculation of the electoral populations to the surveyor-general and to the other members of the commission. upon the receipt of that report, the surveyor-general shall prepare maps showing the distribution of the population and provisional boundaries for the general electoral districts and the maori electoral districts and shall then call a meeting of the commission. the report so made by the government statistician, and the maps so prepared by the surveyor-general, shall be sufficient evidence as to the general electoral population and the maori electoral population of new zealand or of the north island or of the south island or of any district. in relation to the first occasion on which, after the commencement of this section, new zealand is, under this act, divided into electoral districts, section 35(3)(f)(i) shall not apply. 270. electoral districts, electoral rolls, general elections, and by-elections every general electoral district and every maori electoral district in existence under the electoral act 1956 immediately before the commencement of this section shall remain in existence until such districts are replaced by new electoral districts in accordance with the provisions of sections 40 and 45. every electoral roll in force under the electoral act 1956 immediately before the commencement of this section shall continue in force until replaced by new electoral rolls in accordance with the provisions of sections 101 to 103. for the purposes of any general election of members of parliament conducted following a dissolution of parliament that takes place before the gazetting of the notice required by section 40(1)(b) or section 45(9)(b) on the first occasion when the gazetting of such a notice is required to take place under the provisions of this act, that general election shall be conducted in accordance with the provisions of the electoral act 1956, notwithstanding its repeal by the provisions of this act. for the purposes of any by-election that takes place before the first general election that is conducted in accordance with the provisions of this act, the electoral district in respect of which that election is conducted shall be the relevant electoral district that was in existence immediately before the commencement of this section, and the provisions of this act, including subsections (2) to (4) of section 102, shall apply accordingly and with any necessary modifications, in respect of the conduct of that election. any person who immediately before the commencement of this section held the position of— clerk of the writs; or deputy clerk of the writs; or chief electoral officer; or deputy chief electoral officer; or returning officer; or deputy chief registrar of electors; or registrar of electors— shall, without further appointment, be deemed, as from the commencement of this section, to have been duly appointed under this act. subpart 2. amendment to constitution act 1986 271. term of parliament amendment(s) incorporated in the act(s). subpart 3. amendment to civil list act 1979 272. questioned elections of members of parliament amendment(s) incorporated in the act(s). subpart 4. amendment to remuneration authority act 1977 273. officers whose remuneration is to be determined by remuneration authority amendment(s) incorporated in the act(s). subpart 5. amendments to local elections and polls act 1976 [repealed] 274. residential electoral roll [repealed] 275. supply of information by chief registrar of electors [repealed] 276. application for registration as parliamentary elector [repealed] 277. completion of roll [repealed] 278. amendments to roll [repealed] 279. roll for by-election or poll [repealed] 280. special voters [repealed] 281. election to fill extraordinary vacancy in local authority [repealed] subpart 6. amendment to ombudsmen act 1975 [repealed] 282. organisations to which ombudsmen act 1975 applies [repealed] subpart 7. amendments to public finance act 1989 [repealed] 283. crown entities [repealed] subpart 8. repeals 284. repeals the enactments specified in schedule 3 are hereby repealed. schedules 1-3 [schedules omitted due to length full text available at http://www.legislation.govt.nz/act/public/1993/0087/latest/whole.html?search=ts_act%40bill%40regulation%40deemedreg_electoral+act_resel_25_a&p=1#dlm307519] amendment act 1. electoral amendment act 2009 1. title this act is the electoral amendment act 2009. 2. commencement this act comes into force on 1 march 2009. 3. principal act amended this act amends the electoral act 1993. part 2. repeal, consequential amendments, and transitional and savings provisions subpart 2. transitional and savings provisions 17. continuation of obligations and rights arising from election expenses in respect of 2008 general election this section applies where, in respect of the 2008 general election, a person would, but for the repeal of the electoral finance act 2007 by section 15 of this act,— be subject to a duty, liability, or restriction under any of the following provisions of the electoral finance act 2007: sections 82 and 85 to 92 (which relate to candidates’ election expenses): sections 102 and 105 to 112 (which relate to parties’ election expenses): sections 123 and 126 to 133 (which relate to third parties’ election expenses); or be entitled to seek relief under sections 83, 84, 103, 104, 124, and 125 of the electoral finance act 2007 (which provide for the commencement of proceedings in respect of unpaid election expenses); or be entitled to inspect a copy of a return under sections 92, 112, and 133 of the electoral finance act 2007 (which provide for the publication and inspection of returns of election expenses filed for candidates, parties, and third parties). the duty, liability, restriction, or entitlement must be complied with or recognised, as the case may be, and for that purpose the electoral finance act 2007 continues in force as if it had not been repealed. this section has effect despite section 15 of this act. 18. continuation of obligations and rights arising under the electoral finance act 2007 in respect of donations this section applies where, in respect of a candidate donation, party donation, or third party donation made before the commencement of this act, a person would, but for the repeal of the electoral finance act 2007 by section 15 of this act,— be subject to a duty or liability under any of the following provisions of the electoral finance act 2007: sections 23 to 36 (which are general provisions relating to donations): sections 38 to 44 (which relate to donations protected from disclosure): sections 45 to 50 (which relate to the disclosure of candidate donations): sections 51 to 57 (which relate to the disclosure of party donations): sections 58 to 62 (which relate to the disclosure of third party donations); or be entitled to have a donation returned under either of the following provisions of the electoral finance act 2007: section 32 (which relates to the return of an overseas donation): section 41 (which relates to the return of a donation protected from disclosure); or be entitled to inspect a copy of a return under sections 50, 57, and 62 of the electoral finance act 2007 (which provide for the publication and inspection of returns of donations filed for candidates, parties, and third parties). the duty, liability, or entitlement must be complied with or recognised, as the case may be, and for that purpose the electoral finance act 2007 continues in force as if it had not been repealed. this section has effect despite section 15 of this act. 19. annual return of party donations for year ending 31 december 2008 a party secretary is not required by section 210 of the principal act to file by 30 april 2009 an annual return of party donations for the year ending 31 december 2008. subsection (1) does not affect the obligations arising under section 51 of the electoral finance act 2007 as continued by section 18 of this act. 20. annual return of party donations for year ending 31 december 2009 a return of party donations filed by a party secretary under section 210 of the principal act for the year ending 31 december 2009 must include in the details required by that section any party donation that— was received by the party financial agent during the period beginning on 1 january 2009 and ending on 28 february 2009; and would otherwise have been required to be included in a return under section 51 of the electoral finance act 2007 as continued by section 18 of this act. despite section 18 of this act, a party financial agent is not required to file by 30 april 2010 an annual return of party donations under section 51 of the electoral finance act 2007 for the year ending 31 december 2009. in this section, party financial agent means the financial agent of a party appointed under section 7 of the electoral finance act 2007. 21. transitional provision relating to section 210c of principal act until 1 march 2010, section 210c(3) of the principal act must be read as if the reference to subsection (2) of that section was a reference to subsection (2) of that section or section 54(2) of the electoral finance act 2007. 22. saving of section 19 of interpretation act 1999 sections 17 and 18 of this act do not limit section 19 of the interpretation act 1999 (which enables the investigation and prosecution of offences committed under the electoral finance act 2007 before it was repealed). 24. expiry of section 23 section 23 expires on the close of 1 march 2011 and on the close of that date is repealed. amendment act 2. electoral (administration) amendment act 2010 1. title this act is the electoral (administration) amendment act 2010. 2. commencement the following provisions come into force on 1 october 2010: the provisions in subpart 2 of part 1: the provisions in subpart 2 of part 2. the rest of this act comes into force on the day after the date on which it receives the royal assent. 3. principal act amended this act amends the electoral act 1993. part 2. consequential amendments and transitional provisions 15. interpretation in this part, unless the context requires otherwise,— existing chief electoral officer means the chief electoral officer appointed under section 18 of the principal act existing electoral commission means the electoral commission established by section 4 of the principal act new electoral commission means the electoral commission established by section 4b of the principal act as inserted by section 4 of this act previous employer, in relation to a transferred employee, means the employer of that employee immediately before 1 october 2010 transferred employee means a person who,— immediately before 1 october 2010, was employed by the ministry of justice or the existing electoral commission; and is transferred to the new electoral commission under section 20 or 23. subpart 1. provisions coming into force on day after royal assent 16. new electoral commission may perform certain functions before 1 october 2010 until the close of 30 september 2010, the new electoral commission may perform only those functions that are necessary or desirable to bring, or in connection with bringing, the principal act as amended by this act into operation. 17. statement of intent the existing electoral commission is not required to produce a statement of intent for the financial year commencing 1 july 2010. 18. references to electoral commission until the close of 30 september 2010, any reference to the electoral commission— in sections 4b to 4j of the principal act must be read as a reference to the electoral commission established by section 4b of the principal act; and in the following enactments must be read as a reference to both the electoral commission established by section 4 of the principal act and the electoral commission established by section 4b of the principal act: schedule 1 of the crown entities act 2004: part 2 of schedule 1 of the ombudsmen act 1975: schedule 4 of the remuneration authority act 1977; and in any other enactment must be read as a reference to the electoral commission established by section 4 of the principal act. on and from 1 october 2010, any reference to the electoral commission in any enactment must be read as a reference to the electoral commission established by section 4b of the principal act. 19. assets and liabilities of existing electoral commission on 1 october 2010, all assets, records, liabilities, and debts of the existing electoral commission vest in the new electoral commission. 20. employees of existing electoral commission on 1 october 2010, all employees of the existing electoral commission are transferred to the new electoral commission. subsection (1) does not apply to any employee who does not consent to being transferred. 21. references to chief electoral officer until the close of 30 september 2010, any reference to the chief electoral officer, other than a reference in section 4d of the principal act, must be read as a reference to the chief electoral officer appointed under section 18 of the principal act. on and from 1 october 2010,— the references to the chief electoral officer in sections 28(2)(c) and 33(4) of the principal act must be read as references to the chief electoral officer appointed under section 4d(1)(a) of the principal act; and any other reference to the chief electoral officer in any enactment must be read as a reference to the electoral commission established by section 4b of the principal act. 22. assets and liabilities of chief electoral office the secretary for justice must identify all assets, records, liabilities, and debts of the ministry of justice that, immediately before 1 october 2010, are assets, records, liabilities, and debts used or incurred by the chief electoral office of the ministry of justice. on 1 october 2010, the assets, records, liabilities, and debts identified by the secretary for justice under subsection (1) vest in the new electoral commission. 23. employees of ministry of justice the secretary for justice must identify all permanent employees of the ministry of justice who, immediately before 1 october 2010, are appointed to positions within the chief electoral office of the ministry of justice. on 1 october 2010, the employees identified by the secretary for justice under subsection (1) are transferred to the new electoral commission. subsection (2) does not apply to— the existing chief electoral officer; or any person appointed as deputy chief electoral officer under section 19 of the principal act; or any employee who does not consent to being transferred. 24. terms and conditions of transferred employees the employment of a transferred employee must be on terms and conditions no less favourable to the transferred employee than those applying to the employee immediately before 1 october 2010. subsection (1)— continues to apply to the terms and conditions of employment of a transferred employee until those terms and conditions are varied by agreement between the transferred employee and the new electoral commission; but does not apply to a transferred employee who receives any subsequent appointment with the new electoral commission. 25. continuity of employment every transferred employee becomes an employee of the new electoral commission on 1 october 2010. however, for the purposes of this act and every enactment, law, determination, contract, and agreement relating to the employment of the transferred employee,— the contract of employment of that employee is deemed to have been unbroken; and that employee’s period of service with his or her previous employer, and every other period of service of that employee that is recognised as continuous service by his or her previous employer, is deemed to have been a period of service with the new electoral commission. 26. restriction of compensation for technical redundancy an employee of the existing electoral commission or the ministry of justice is not entitled to receive any payment or other benefit from the existing electoral commission or the ministry of justice on the ground that his or her position with that employer has ceased to exist if— the position ceases to exist as a result of amendments made by this act; and in connection with the transfer of employees under this act,— the transfer of the employee would result in substantially equivalent employment in the new electoral commission (whether or not the employee consents to the transfer); or the employee consents to a transfer that will result in other employment in the new electoral commission. substantially equivalent employment to the employee’s employment with his or her previous employer is employment in the new electoral commission that is— in substantially the same position; and on terms and conditions of employment that are no less favourable than those that apply to the employee immediately before the offer of equivalent employment (including any service-related, redundancy, and superannuation conditions); and on terms that treat the period of service with the previous employer (and any other service recognised by the previous employer as continuous service) as if it were continuous service with the new electoral commission. subpart 2. provisions coming into force on 1 october 2010 28. existing electoral commission disestablished the existing electoral commission is disestablished. any member of the existing electoral commission holding office under section 8(1)(a) or (b) of the principal act (as in force immediately before its repeal by section 7 of this act) ceases to hold office. any appointment of a member of the existing electoral commission made under section 8(1)(c) or (d) of the principal act (as in force immediately before its repeal by section 7 of this act) is revoked. any appointment of a deputy of a member of the existing electoral commission made under section 11a(2) of the principal act (as in force immediately before its repeal by section 8 of this act) is revoked. 29. appointment of existing chief electoral officer revoked the appointment of the existing chief electoral officer is revoked. 30. enforcement of existing rights this section applies to— any matter or thing commenced under any enactment by the existing electoral commission or the existing chief electoral officer and not completed by 1 october 2010; and any proceedings commenced by or against the existing electoral commission, or by or against the crown in respect of any act or omission of the existing chief electoral officer, relating to an existing right, interest, title, immunity, or duty and not completed by 1 october 2010. any matter, thing, or proceedings to which this section applies may be continued, completed, or enforced by or against the new electoral commission. 31. responsibility for reports and accounts of existing electoral commission from 1 july 2010 the new electoral commission must include in its annual report for the year ending 30 june 2011 the information in respect of the existing electoral commission for the period commencing 1 july 2010 and ending on 30 september 2010 that the existing electoral commission would have had to include in its annual report under section 151 of the crown entities act 2004 had it continued in existence. to avoid doubt, the new electoral commission may, if it so decides, present the information referred to in subsection (1) in a combined form for the whole of the financial year ended 30 june 2011. for the purposes of subsection (1), section 45j(1) of the public finance act 1989 does not apply to the existing electoral commission in respect of the period commencing 1 july 2010 and ending on 30 september 2010. amendment act 3. electoral (disqualification of sentenced prisoners) amendment act 2010 1. title this act is the electoral (disqualification of sentenced prisoners) amendment act 2010. 2. commencement this act comes into force on the day after the date on which it receives the royal assent. 3. principal act amended this act amends the electoral act 1993. 6. existing status under section 80(1)(d) of principal act not affected to avoid doubt,— a person who is disqualified for registration as an elector by section 80(1)(d) of the principal act immediately before the commencement of this act continues to be disqualified for registration as an elector as if this act had not been enacted; and a person who is not disqualified for registration as an elector by section 80(1)(d) of the principal act immediately before the commencement of this act is not disqualified for registration as an elector by that section (as substituted) immediately after the commencement of this act on the ground of an existing sentence of imprisonment; and section 4 of this act does not override section 17 of the interpretation act 1999. amendment act 4. electoral (finance reform and advance voting) amendment act 2010 1. title this act is the electoral (finance reform and advance voting) amendment act 2010. 2. commencement this act comes into force on 1 january 2011. part 2. transitional provisions and consequential amendments to other enactments 35. provision relating to donations and contributions received before 1 january 2011 for the avoidance of doubt,— any provision in this act that amends the principal act in respect of the amount of a donation or contribution does not apply to any donation or contribution received before 1 january 2011; and section 210(6a) of the principal act (as inserted by section 27(7) of this act) does not apply to any donation received before 1 january 2011. 36. transitional elections in this section, a transitional election is— a general election in respect of which— polling day is a date after the commencement day but before 31 march 2011; and the regulated period would, had this act been in force, have commenced before the commencement day: a by-election in respect of which the regulated period would, had this act been in force, have commenced before the commencement day. in the case of a transitional election, the provisions of the electoral act 1993 apply as if this act had not been enacted. in this section, commencement day means the day on which this act comes into force. amendment act 5. electoral (administration) amendment act 2011 1. title this act is the electoral (administration) amendment act 2011. 2. commencement the following come into force on 1 july 2012: subpart 2 of part 1: subpart 2 of part 2. the rest of this act comes into force on the day after the date on which it receives the royal assent. 3. principal act amended this act amends the electoral act 1993. part 2. consequential amendments and transitional provisions subpart 1. provisions coming into force on day after assent heading 1. transitional provision approving electronic medium for online re-enrolment and updating 38. deemed approval of electronic medium called igovt logon service in this section,— igovt logon service means the government logon service developed by the department of internal affairs and on the commencement of this section called the igovt logon service online re-enrolment and updating provisions means sections 82(4a), 83a(3), and 90(2a) of the principal act (as inserted by sections 8, 9, and 11 of this act). the igovt logon service must, if and insofar as the deemed approval by this section has not been amended, revoked, or replaced, be taken to be an electronic medium approved for the purposes of all of the online re-enrolment and updating provisions. the chief registrar, or on or after 1 july 2012 the electoral commission, may in accordance with the online re-enrolment and updating provisions do either or both of the following: amend, revoke, or revoke and replace some or all of the deemed approval by this section, and for the purposes of all of those provisions, of the igovt logon service: approve for the purposes of all or any of those provisions 1 or more additional electronic media. this section does not limit or affect the generality of the online re-enrolment and updating provisions. heading 2. transitional provisions relating to abolition of chief registrar of electors 39. office of chief registrar of electors abolished at the close of 30 june 2012,— the office of chief registrar of electors under section 21(1) of the principal act is abolished and ceases to be held by the incumbent; and the office of deputy chief registrar of electors under section 21(3) of the principal act is abolished and ceases to be held by any person appointed to it; and all delegations (if any) under section 21(4) to (9) of the principal act cease to have effect. 40. no compensation for loss of office no person is entitled to compensation or any other payment or benefit in respect of— a person ceasing under section 39(a) or (b) to hold office as the chief, or deputy chief, registrar of electors; or a delegation ceasing under section 39(c) to have effect. 41. crown-owned assets (other than intellectual property) and records that chief registrar controls or possesses the secretary for justice must identify all assets and records that, at the close of 30 june 2012, are crown-owned assets or records controlled or possessed by or on behalf of the chief registrar of electors. assets and records identified under subsection (1) (other than intellectual property) must be treated as having been vested in the electoral commission on 1 july 2012. 42. liabilities for expenses after 30 june 2012 the secretary for justice must identify— the expenses (incurred after 30 june 2012 arising from commitments before 18 august 2009) to be paid under section 44; and the expenses (incurred after 30 june 2012 arising from commitments after 17 august 2009 and before 1 july 2012) to be paid under section 45. liabilities in respect of expenses identified under subsection (1)(a) must be treated as having been vested in the electoral commission on 1 july 2012. liabilities in respect of expenses identified under subsection (1)(b) must be treated as having been vested on 1 july 2012 in— the crown, if the minister of finance under section 45 approves them being paid by the crown; or the electoral commission, if the minister of finance under section 45 approves them being paid by the electoral commission. 43. expenses before 1 july 2012 (whether from commitments before, on, or after 17 august 2009 expenses incurred before 1 july 2012 by new zealand post limited in the administration of part 5 of the principal act (regardless of whether those expenses arise from commitments new zealand post limited entered into before, on, or after 17 august 2009) must, despite the repeal (by section 32 of this act) of section 23 of the principal act, be paid out of public money appropriated by parliament. 44. expenses after 30 june 2012 from commitments before 18 august 2009 expenses incurred after 30 june 2012 by new zealand post limited in the administration of part 5 of the principal act and arising from commitments new zealand post limited entered into before 18 august 2009 must be paid by the electoral commission out of public money appropriated by parliament. 45. expenses after 30 june 2012 from commitments after 17 august 2009 and before 1 july 2012 expenses incurred after 30 june 2012 by new zealand post limited in the administration of part 5 of the principal act and arising from commitments new zealand post limited entered into after 17 august 2009 and before 1 july 2012 may, with the approval of the minister of finance, be paid by the crown or by the electoral commission (in either case) out of public money appropriated by parliament. 46. matters incomplete on 1 july 2012 a matter or thing commenced under any enactment by the chief registrar of electors and not completed before 1 july 2012 may be completed by the electoral commission. 47. proceedings incomplete on 1 july 2012 proceedings relating to an existing right, interest, title, immunity, or duty, commenced by or against (or commenced by or against the crown in respect of an act or omission of) the chief registrar of electors, and not completed before 1 july 2012 may be completed by the electoral commission. 48. transitional or savings regulations the governor-general may, by order in council, make regulations providing for any transitional or savings matters concerning the coming into force of all or any of the provisions of this act. regulations under this section must not be inconsistent with this act. regulations under this section are regulations for the purposes of the regulations (disallowance) act 1989 and the acts and regulations publication act 1989. human rights act 1993 preamble an act to consolidate and amend the race relations act 1971 and the human rights commission act 1977 and to provide better protection of human rights in new zealand in general accordance with united nations covenants or conventions on human rights 1. short title and commencement this act may be cited as the human rights act 1993. this act shall come into force on 1 february 1994. 2. interpretation in this act, unless the context otherwise requires,— act includes an activity, condition, enactment, policy, practice, or requirement actuary means— a person who is a fellow of the new zealand society of actuaries incorporated; or a person whom the commission or the complaints division, as the case may be, considers to have an equivalent professional qualification chief commissioner means the commissioner appointed as the chief human rights commissioner under section 8(1)(a) commission means the human rights commission continued by section 4 and includes the office of human rights proceedings commissioner means a member of the commission director of human rights proceedings or director means the director of human rights proceedings or alternate director of human rights proceedings appointed under section 20a dispose, in sections 53 and 54, includes sell, assign, lease, let, sublease, sublet, license, or mortgage, and agree to dispose dispute resolution meeting means a meeting of the kind referred to in section 77(2)(c) dispute resolution services includes the provision of answers to questions by members of the public about discrimination and compliance with this act employer, in part 2, includes— the employer of an independent contractor; and the person for whom work is done by contract workers under a contract between that person and the person who supplies those contract workers; and the person for whom work is done by an unpaid worker employment agreement has the meaning given to that term by section 5 of the employment relations act 2000 employment contract has the meaning given to that term by section 2 of the employment contracts act 1991 equal employment opportunities commissioner means the commissioner appointed as the equal employment opportunities commissioner under section 8(1)(c) general manager means the general manager of the commission appointed by the chief commissioner under section 18; and includes any acting general manager of the commission human rights review tribunal or tribunal means the tribunal continued by section 93 minister means the minister of justice office of human rights proceedings or office means the office referred to in section 20 prohibited ground of discrimination has the meaning given to it by section 21 race relations commissioner means the commissioner appointed as the race relations commissioner under section 8(1)(b) relative, in relation to any person, means any other person who— is related to the person by blood, marriage, civil union, de facto relationship, affinity, or adoption; or is wholly or mainly dependent on the person; or is a member of the person’s household residential accommodation, in sections 53 and 54, includes accommodation in a dwellinghouse, flat, hotel, motel, boardinghouse, or camping ground superannuation scheme means any superannuation scheme, fund, or plan, or any provident fund, set up to confer, on its members or other persons, retirement or other benefits, such as accident, disability, sickness, or death benefits trustees, in relation to a superannuation scheme, includes the person or persons appointed to administer a superannuation scheme constituted under an act of parliament of new zealand. unless the context otherwise requires, every reference in this act to a complaint alleging a breach of 1 or more parts of this act includes a complaint that appears to allege or concern such a breach (whether or not it refers to the relevant part in question). unless the context otherwise requires, every reference in this act to a person against whom a complaint is made includes a body of any kind against whom a complaint is made. 3. act to bind the crown this act shall bind the crown. part 1. human rights commission 4. continuation of human rights commission there shall continue to be a human rights commission, which shall be the same body as the human rights commission established under section 4 of the human rights commission act 1977. the commission is a crown entity for the purposes of section 7 of the crown entities act 2004. the crown entities act 2004 applies to the commission except to the extent that this act expressly provides otherwise. despite anything in any other act, the powers of the commission under sections 16 and 17 of the crown entities act 2004 may be exercised only— by persons authorised by or under this act or the crown entities act 2004 to perform functions of the commission, for the purposes of performing those functions; or by the director of human rights proceedings, his or her alternate, or the staff of the office of human rights proceedings (acting in accordance with directions issued by the director or his or her alternate), for the purposes of exercising or performing a function, power, or duty of the director under this act. subpart 1. functions and powers of commission 5. functions of commission the primary functions of the commission are— to advocate and promote respect for, and an understanding and appreciation of, human rights in new zealand society; and to encourage the maintenance and development of harmonious relations between individuals and among the diverse groups in new zealand society. the commission has, in order to carry out its primary functions under subsection (1), the following functions: to be an advocate for human rights and to promote and protect, by education and publicity, respect for, and observance of, human rights: to encourage and co-ordinate programmes and activities in the field of human rights: to make public statements in relation to any matter affecting human rights, including statements promoting an understanding of, and compliance with, this act or the new zealand bill of rights act 1990 (for example, statements promoting understanding of measures to ensure equality, of indirect discrimination, or of institutions and procedures under this act for dealing with complaints of unlawful discrimination): to promote by research, education, and discussion a better understanding of the human rights dimensions of the treaty of waitangi and their relationship with domestic and international human rights law: to prepare and publish, as the commission considers appropriate, guidelines and voluntary codes of practice for the avoidance of acts or practices that may be inconsistent with, or contrary to, this act: to receive and invite representations from members of the public on any matter affecting human rights: to consult and co-operate with other persons and bodies concerned with the protection of human rights: to inquire generally into any matter, including any enactment or law, or any practice, or any procedure, whether governmental or non-governmental, if it appears to the commission that the matter involves, or may involve, the infringement of human rights: to appear in or bring proceedings, in accordance with section 6 or section 92b or section 92e or section 92h or section 97: to apply to a court or tribunal, under rules of court or regulations specifying the tribunal’s procedure, to be appointed as intervener or as counsel assisting the court or tribunal, or to take part in proceedings before the court or tribunal in another way permitted by those rules or regulations, if, in the commission’s opinion, taking part in the proceedings in that way will facilitate the performance of its functions stated in paragraph (a): to report to the prime minister on— any matter affecting human rights, including the desirability of legislative, administrative, or other action to give better protection to human rights and to ensure better compliance with standards laid down in international instruments on human rights: the desirability of new zealand becoming bound by any international instrument on human rights: the implications of any proposed legislation (including subordinate legislation) or proposed policy of the government that the commission considers may affect human rights: to make public statements in relation to any group of persons in, or who may be coming to, new zealand who are or may be subject to hostility, or who have been or may be brought into contempt, on the basis that that group consists of persons against whom discrimination is unlawful under this act: to develop a national plan of action, in consultation with interested parties, for the promotion and protection of human rights in new zealand: [repealed] to exercise or perform any other functions, powers, and duties conferred or imposed on it by or under this act or any other enactment. the commission may, in the public interest or in the interests of a person, department, or organisation, publish reports relating generally to the exercise of its functions under this act or to a particular inquiry by it under this act, whether or not the matters to be dealt with in a report of that kind have been the subject of a report to the minister or the prime minister. 6. powers relating to declaratory judgments if at any time the commission considers that it may be desirable to obtain a declaratory judgment or order of the high court in accordance with the declaratory judgments act 1908, the commission may, despite anything to the contrary in that act or any other enactment or rule of law, institute proceedings under that act. the commission may exercise the right in subsection (1) only if it considers that the exercise of the right will facilitate the performance of its functions stated in section 5(2)(a). subsection (1) does not limit the ability of the commission to appear in or bring proceedings under section 92b or section 92e or section 92h or section 97. subpart 2. activities in performance of commission’s functions 7. commission determines general nature of activities subject to the role of the minister in the process of setting and monitoring the strategic direction and targets of the commission under part 4 of the crown entities act 2004, the members of the commission acting together determine the strategic direction and the general nature of activities undertaken in the performance of the commission’s functions. the chief commissioner is responsible to the commission for ensuring that activities undertaken in the performance of the commission’s functions are not inconsistent with determinations of the commission. subpart 3. membership of commission 8. membership of commission the commission consists of the following human rights commissioners: a commissioner appointed as the chief commissioner, whose office is a full-time one: a commissioner appointed as the race relations commissioner, whose office is also a full-time one: a commissioner appointed as the equal employment opportunities commissioner, whose office is also a fulltime one: no more than 5 other commissioners, whose offices are each part-time ones. the commissioners are the board for the purposes of the crown entities act 2004. the chief commissioner holds office as chairperson of the board for the purposes of the crown entities act 2004 for the same term as he or she is chief commissioner. clauses 1 to 5 of schedule 5 of the crown entities act 2004 do not apply to the commission. 9. alternate commissioners the governor-general may, on the recommendation of the minister, appoint as alternate commissioners persons who may be designated as the alternate of a commissioner by either the minister under subsection (2) or the chief commissioner under subsection (3). the minister may designate a commissioner or an alternate commissioner to act as the chief commissioner— during the period following the resignation of the chief commissioner and ending when the chief commissioner’s successor comes into office; or during the chief commissioner’s incapacity or in respect of a particular function or activity of the commission, as the case may be, if— the minister is satisfied that the chief commissioner is incapacitated by illness, absence, or other sufficient cause from performing the duties of his or her office; or the chief commissioner considers it is not proper or desirable that he or she should participate in the function or activity. the chief commissioner may designate an alternate commissioner to act as a commissioner during the period the chief commissioner is acting as chief commissioner, or during the period of the commissioner’s incapacity, or in respect of a particular function or activity of the commission, as the case may be, if— the chief commissioner is a commissioner acting as the chief commissioner under a designation under subsection (2); or the chief commissioner is satisfied that any other commissioner is incapacitated by illness, absence, or other sufficient cause from performing the duties of his or her office; or a judge who is for the time being holding office as a commissioner declines to participate in, or withdraws from participation in, the particular function or activity of the commission under section 20c(2); or any other commissioner considers it is not proper or desirable that he or she should participate in the function or activity of the commission. an alternate commissioner designated under subsection (2) or subsection (3) must, while the alternate commissioner acts as chief commissioner or as a commissioner, be taken to be the chief commissioner or the commissioner in whose place the alternate commissioner acts. no designation of an alternate commissioner, and no act done by an alternate commissioner, and no act done by the commission while any alternate commissioner is acting, may in any proceedings be questioned on the ground that the occasion for the alternate commissioner’s designation had not arisen or had ceased. 10. meetings of commission [repealed] the race relations commissioner may, at any time, call a special meeting of the commission. subsection (2) applies in addition to clause 7(2) of schedule 5 of the crown entities act 2004. [repealed] [repealed] [repealed] [repealed] [repealed] subpart 4. criteria for appointment 11. criteria for appointment in recommending persons for appointment as commissioners or alternate commissioners, the minister must have regard to the need for commissioners and alternate commissioners appointed to have among them— knowledge of, or experience in,— different aspects of matters likely to come before the commission: new zealand law, or the law of another country, or international law, on human rights: the treaty of waitangi and rights of indigenous peoples: current economic, employment, or social issues: cultural issues and the needs and aspirations (including life experiences) of different communities of interest and population groups in new zealand society: skills in, or experience in,— advocacy or public education: business, commerce, economics, industry, or financial or personnel management: community affairs: public administration, or the law relating to public administration. subsection (1) does not limit section 29 of the crown entities act 2004. nothing in this section limits section 12 or section 13 or section 14. 12. further criteria for appointment of chief commissioner in recommending a person for appointment as chief commissioner, the minister must have regard not only to the criteria stated in section 11 but also to the person’s— ability to provide leadership in relation to the performance of the functions of the commission (for example, being an advocate for, and promoting, by education and publicity, respect for and observance of human rights): ability to represent the commission, and to create and maintain effective relationships between it and other persons or bodies: knowledge of new zealand law, the law of other countries, and international law, on human rights, and of new zealand’s obligations under international instruments on human rights: appreciation of issues or trends in human rights arising in other countries or internationally, and of the relevance of those issues or trends for new zealand: ability to perform the functions stated in section 15. 13. further criteria for appointment of race relations commissioner in recommending a person for appointment as race relations commissioner, the minister must have regard not only to the criteria stated in section 11 but also to the person’s— understanding of current race relations in new zealand, and of the origins and development of those relations: appreciation of issues or trends in race relations arising in other countries or internationally, and of the relevance of those issues or trends for new zealand: ability to perform the functions stated in section 16. 14. further criteria for appointment of equal employment opportunities commissioner in recommending a person for appointment as the equal employment opportunities commissioner, the minister must have regard not only to the criteria stated in section 11 but also to the person’s— understanding of principles relating to equal employment opportunities: appreciation of issues, trends, and developments in the promotion of equal employment opportunities in other countries and internationally, and the relevance of those issues, trends, or developments in new zealand: ability to perform the functions stated in section 17. subpart 5. functions of commissioners 15. functions of chief commissioner the chief commissioner has the following functions: to chair the commission, and lead discussions of the commission (except when the commission has discussions on matters of race relations): to ensure that activities undertaken in the performance of the commission’s functions are consistent with the strategic direction and other determinations of the commission under section 7: to allocate spheres of responsibility among the commissioners, and to determine the extent to which commissioners engage in activities undertaken in the performance of the commission’s functions (except for those stated in section 76), but in each case only after consultation with the minister: to act jointly with the race relations commissioner on matters of race relations arising in the course of activities undertaken in the performance of the commission’s functions and to carry out the functions conferred on the chief commissioner by section 16(c) and (d): to act jointly with the equal employment opportunities commissioner on matters concerning equal employment opportunities arising in the course of activities undertaken in the performance of the commission’s functions, and to carry out the functions conferred on the chief commissioner by section 17(g): to supervise and liaise with the general manager on matters of administration in relation to the commission and on the activities undertaken in the performance of the commission’s functions: any other functions, powers, or duties conferred or imposed on him or her by or under this act or any other enactment. subsection (1)(d) and (e) is subject to section 7(2). 16. functions of race relations commissioner the race relations commissioner has the following functions: to lead discussions of the commission in relation to matters of race relations: to provide advice and leadership on matters of race relations arising in the course of activities undertaken in the performance of the commission’s functions, both when engaging in those activities and otherwise when consulted: to ensure, acting jointly with the chief commissioner, that activities undertaken in the performance of the commission’s functions in matters of race relations are consistent with the strategic direction and other determinations of the commission under section 7: to supervise and liaise with the general manager, acting jointly with the chief commissioner, on the activities undertaken in the performance of the commission’s functions in matters of race relations: any other functions, powers, or duties conferred or imposed on him or her by or under this act or any other enactment. 17. functions of equal employment opportunities commissioner the equal employment opportunities commissioner has the following functions: to lead discussions of the commission about equal employment opportunities (including pay equity): to provide advice and leadership on equal employment opportunities arising in the course of activities undertaken in the performance of the commission’s functions, both when engaging in those activities and otherwise when consulted: to evaluate, through the use of benchmarks developed by the commissioner, the role that legislation, guidelines, and voluntary codes of practice play in facilitating and promoting best practice in equal employment opportunities: to lead development of guidelines and voluntary codes of practice to facilitate and promote best practice in equal employment opportunities (including codes that identify related rights and obligations in legislation), in accordance with section 5(2)(e): to monitor and analyse progress in improving equal employment opportunities in new zealand, and to report to the minister on the results of that monitoring and analysis: to liaise with, and complement the work of, any trust or body that has as one of its purposes the promotion of equal employment opportunities (including pay equity): to ensure, acting jointly with the chief commissioner, that activities undertaken in the performance of the commission’s functions in matters of equal employment opportunities are consistent with the strategic direction and other determinations of the commission under section 7: any other functions, powers, or duties conferred or imposed on him or her by or under this act or any other enactment. subpart 6. general manager and staff of commission 18. general manager and staff of commission the general manager and staff of the commission undertake activities required to perform the functions of the commission in accordance with the strategic direction and other determinations of the commission under section 7. the general manager— is responsible to the chief commissioner and reports to him or her; and is appointed by the chief commissioner, in accordance with clause 1 of schedule 1; and is the chief executive of the commission for the purposes of the crown entities act 2004. employees of the commission are responsible to the general manager and report to him or her. subpart 7. commissioners to act independently 19. duty to act independently except as expressly provided otherwise in this or another act, the commission must act independently in performing its statutory functions and duties, and exercising its statutory powers, under— this act; and any other act that expressly provides for the functions, powers, or duties of the commission (other than the crown entities act 2004). subpart 8. office of human rights proceedings 20. office of human rights proceedings the office of human rights proceedings is part of the commission and is headed by the director of human rights proceedings or his or her alternate. the staff of the office report to the director or his or her alternate, and help him or her to exercise or perform the functions, powers, and duties of the director under this act. in exercising or performing the functions, powers, and duties of the director, the director or his or her alternate and the staff of the office must act independently from the commission and ministers of the crown. however, the director or his or her alternate is responsible to the chief commissioner for the efficient, effective, and economical administration of the activities of the office. subpart 9. director of human rights proceedings 20a. director of human rights proceedings the director of human rights proceedings is appointed by the governor-general on the recommendation of the minister. the governor-general may, on the recommendation of the minister, appoint as alternate director of human rights proceedings a person designated for appointment as alternate director by the minister. the minister must not designate a person for appointment as alternate director of human rights proceedings unless— the minister is satisfied that the director is incapacitated by illness, absence, or other sufficient cause from performing the duties of his or her office; or the director considers it is not proper or desirable that the director should perform any particular duty of his or her office. 20b. criteria and requirement for appointment in recommending a person for appointment as director of human rights proceedings or as his or her alternate, the minister must have regard not only to the person’s attributes but also to the person’s— knowledge of, or experience in,— the different aspects of matters likely to come before the human rights review tribunal: new zealand law, or the law of another country, or international law, on human rights: current economic, employment, or other social issues: skills in, or experience in, the practice of public law (including the conduct of litigation), and financial and personnel management: ability to exercise or perform, and to ensure the office of human rights proceedings helps the person to exercise or perform, efficiently and effectively, the functions, powers, and duties of the director under this act. every person appointed as director of human rights proceedings or as his or her alternate must be a barrister or solicitor of the high court of not less than 5 years’ legal experience. subpart 10. appointment of judge as human rights commissioner 20c. appointment of judge as human rights commissioner the appointment of a judge as a commissioner or alternate commissioner or service by a judge as a commissioner or alternate commissioner does not affect his or her tenure of judicial office or his or her rank, title, status, precedence, salary, annual or other allowances, or other rights or privileges as a judge (including those in relation to superannuation), and, for all purposes, his or her service as a commissioner or alternate commissioner must be taken to be service as a judge. a judge who is for the time being holding office as a commissioner may, at any time, decline to participate in, or withdraw from participation in, any particular function or activity of the commission if the judge considers it incompatible with his or her judicial office. subpart 11. provisions relating to office holders 20d. office holders to whom sections 20e to 20g apply sections 20f and 20g each applies to a person (the office holder) who holds one of the following offices (the office): [repealed] [repealed] director of human rights proceedings: alternate director of human rights proceedings. [repealed] [repealed] 20e. service in office [repealed] 20f. term of office the office holder— holds the office for the term (not longer than 5 years) the governor-general, on the recommendation of the minister, specifies in the person’s appointment; and may, from time to time, be reappointed; and unless he or she sooner vacates or no longer holds or is removed from the office under section 20g, continues in it until his or her successor comes into it, even though the term for which he or she was appointed has expired. 20g. vacation of office the office holder— may resign from the office by delivering to the minister a notice in writing to that effect and stating when the resignation takes effect: ceases to hold office if he or she dies: ceases to hold office if he or she is, under the insolvency act 2006, adjudged bankrupt: may, at any time, be removed from the office by the governor-general for incapacity affecting performance of duty, neglect of duty, or misconduct, proved to the satisfaction of the governor-general. subpart 12. administrative provisions relating to human rights commission and office of human rights proceedings 20h. administrative provisions set out in schedules 1 and 2 schedule 1 applies in respect of the commission. schedule 2 applies in respect of the office. part 1a. discrimination by government, related persons and bodies, or persons or bodies acting with legal authority 20i. purpose of this part the purpose of this part is to provide that, in general, an act or omission that is inconsistent with the right to freedom from discrimination affirmed by section 19 of the new zealand bill of rights act 1990 is in breach of this part if the act or omission is that of a person or body referred to in section 3 of the new zealand bill of rights act 1990. 20j. acts or omissions in relation to which this part applies this part applies only in relation to an act or omission of a person or body referred to in section 3 of the new zealand bill of rights act 1990, namely— the legislative, executive, or judicial branch of the government of new zealand; or a person or body in the performance of any public function, power, or duty conferred or imposed on that person or body by or pursuant to law. despite subsection (1), this part does not apply in relation to an act or omission that is unlawful under any of sections 22, 23, 61 to 63, and 66. if this part applies in relation to an act or omission, part 2 does not apply to that act or omission. nothing in this part affects the new zealand bill of rights act 1990. 20k. purposes for which section 20l applies section 20l applies only for the purposes of— any inquiry undertaken by the commission under section 5(2)(h): the assessment, consideration, mediation, or determination of a complaint under part 3: any determination made by the director under part 3 concerning the provision of representation in proceedings before the human rights review tribunal: any determination made in proceedings before the human rights review tribunal or in any proceedings in any court on an appeal from a decision of that tribunal: any determination made by any court or tribunal in proceedings brought under this act by the commission: any other process or proceedings commenced or conducted under part 3: any related matter. 20l. acts or omissions in breach of this part an act or omission in relation to which this part applies (including an enactment) is in breach of this part if it is inconsistent with section 19 of the new zealand bill of rights act 1990. for the purposes of subsection (1), an act or omission is inconsistent with section 19 of the new zealand bill of rights act 1990 if the act or omission— limits the right to freedom from discrimination affirmed by that section; and is not, under section 5 of the new zealand bill of rights act 1990, a justified limitation on that right. to avoid doubt, subsections (1) and (2) apply in relation to an act or omission even if it is authorised or required by an enactment. part 2. unlawful discrimination subpart 1. application of part to persons and bodies referred to in section 3 of new zealand bill of rights act 1990 21a. application of this part limited if section 3 of new zealand bill of rights act 1990 applies the only provisions of this part that apply to an act or omission of a person or body described in subsection (2) are— sections 21 to 35 (which relate to discrimination in employment matters), 61 to 64 (which relate to racial disharmony, and social and racial harassment) and 66 (which relates to victimisation); and sections 65 and 67 to 74, but only to the extent that those sections relate to conduct that is unlawful under any of the provisions referred to in paragraph (a). the persons and bodies referred to in subsection (1) are the ones referred to in section 3 of the new zealand bill of rights act 1990, namely— the legislative, executive, and judicial branches of the government of new zealand; and every person or body in the performance of any public function, power, or duty conferred or imposed on that person or body by or pursuant to law. subpart 2. acts or omissions authorised or required by law 21b. relationship between this part and other law to avoid doubt, an act or omission of any person or body is not unlawful under this part if that act or omission is authorised or required by an enactment or otherwise by law. nothing in this part affects the new zealand bill of rights act 1990. subpart 3. prohibited grounds of discrimination 21. prohibited grounds of discrimination for the purposes of this act, the prohibited grounds of discrimination are— sex, which includes pregnancy and childbirth: marital status, which means being— single; or married, in a civil union, or in a de facto relationship; or the surviving spouse of a marriage or the surviving partner of a civil union or de facto relationship; or separated from a spouse or civil union partner; or a party to a marriage or civil union that is now dissolved, or to a de facto relationship that is now ended: religious belief: ethical belief, which means the lack of a religious belief, whether in respect of a particular religion or religions or all religions: colour: race: ethnic or national origins, which includes nationality or citizenship: disability, which means— physical disability or impairment: physical illness: psychiatric illness: intellectual or psychological disability or impairment: any other loss or abnormality of psychological, physiological, or anatomical structure or function: reliance on a guide dog, wheelchair, or other remedial means: the presence in the body of organisms capable of causing illness: age, which means,— for the purposes of sections 22 to 41 and section 70 and in relation to any different treatment based on age that occurs in the period beginning with 1 february 1994 and ending with the close of 31 january 1999, any age commencing with the age of 16 years and ending with the date on which persons of the age of the person whose age is in issue qualify for national superannuation under section 7 of the new zealand superannuation and retirement income act 2001 (irrespective of whether or not the particular person qualifies for national superannuation at that age or any other age): for the purposes of sections 22 to 41 and section 70 and in relation to any different treatment based on age that occurs on or after 1 february 1999, any age commencing with the age of 16 years: for the purposes of any other provision of part 2, any age commencing with the age of 16 years: political opinion, which includes the lack of a particular political opinion or any political opinion: employment status, which means— being unemployed; or being a recipient of a benefit under the social security act 1964 or an entitlement under the accident compensation act 2001: family status, which means— having the responsibility for part-time care or full-time care of children or other dependants; or having no responsibility for the care of children or other dependants; or being married to, or being in a civil union or de facto relationship with, a particular person; or being a relative of a particular person: sexual orientation, which means a heterosexual, homosexual, lesbian, or bisexual orientation. each of the grounds specified in subsection (1) is a prohibited ground of discrimination, for the purposes of this act, if— it pertains to a person or to a relative or associate of a person; and it either— currently exists or has in the past existed; or is suspected or assumed or believed to exist or to have existed by the person alleged to have discriminated. subpart 4. discrimination in employment matters 22. employment where an applicant for employment or an employee is qualified for work of any description, it shall be unlawful for an employer, or any person acting or purporting to act on behalf of an employer,— to refuse or omit to employ the applicant on work of that description which is available; or to offer or afford the applicant or the employee less favourable terms of employment, conditions of work, superannuation or other fringe benefits, and opportunities for training, promotion, and transfer than are made available to applicants or employees of the same or substantially similar capabilities employed in the same or substantially similar circumstances on work of that description; or to terminate the employment of the employee, or subject the employee to any detriment, in circumstances in which the employment of other employees employed on work of that description would not be terminated, or in which other employees employed on work of that description would not be subjected to such detriment; or to retire the employee, or to require or cause the employee to retire or resign,— by reason of any of the prohibited grounds of discrimination. it shall be unlawful for any person concerned with procuring employment for other persons or procuring employees for any employer to treat any person seeking employment differently from other persons in the same or substantially similar circumstances by reason of any of the prohibited grounds of discrimination. 23. particulars of applicants for employment it shall be unlawful for any person to use or circulate any form of application for employment or to make any inquiry of or about any applicant for employment which indicates, or could reasonably be understood as indicating, an intention to commit a breach of section 22. subpart 5. exceptions in relation to employment matters 24. exception in relation to crews of ships and aircraft nothing in section 22 shall apply to the employment or an application for employment of a person on a ship or aircraft, not being a new zealand ship or aircraft, if the person employed or seeking employment was engaged or applied for it outside new zealand. 25. exception in relation to work involving national security nothing in section 22 shall apply to any restrictions on the employment of any person on work involving the national security of new zealand— by reference to his or her— religious or ethical belief; or political opinion; or disability, within the meaning of section 21(1)(h)(iii) or section 21(1)(h)(iv); or family status, within the meaning of section 21(1)(l)(iii) or section 21(1)(l)(iv); or national origin; or by reference to the national origin of any relative of that person. it shall not be a breach of section 22 to decline to employ a person under the age of 20 years on work involving the national security of new zealand where that work requires a secret or top secret security clearance. 26. exception in relation to work performed outside new zealand nothing in section 22 shall prevent different treatment based on sex, religious or ethical belief, or age if the duties of the position in respect of which that treatment is accorded— are to be performed wholly or mainly outside new zealand; and are such that, because of the laws, customs, or practices of the country in which those duties are to be performed, they are ordinarily carried out only by a person who is of a particular sex or religious or ethical belief, or who is in a particular age group. 27. exceptions in relation to authenticity and privacy nothing in section 22 shall prevent different treatment based on sex or age where, for reasons of authenticity, being of a particular sex or age is a genuine occupational qualification for the position or employment. nothing in section 22 shall prevent different treatment based on sex, religious or ethical belief, disability, age, political opinion, or sexual orientation where the position is one of domestic employment in a private household. nothing in section 22 shall prevent different treatment based on sex where— the position needs to be held by one sex to preserve reasonable standards of privacy; or the nature or location of the employment makes it impracticable for the employee to live elsewhere than in premises provided by the employer, and— the only premises available (being premises in which more than 1 employee is required to sleep) are not equipped with separate sleeping accommodation for each sex; and it is not reasonable to expect the employer to equip those premises with separate accommodation, or to provide separate premises, for each sex. nothing in section 22 shall prevent different treatment based on sex, race, ethnic or national origins, or sexual orientation where the position is that of a counsellor on highly personal matters such as sexual matters or the prevention of violence. where, as a term or condition of employment, a position ordinarily obliges or qualifies the holder of that position to live in premises provided by the employer, the employer does not commit a breach of section 22 by omitting to apply that term or condition in respect of employees of a particular sex or marital status if in all the circumstances it is not reasonably practicable for the employer to do so. 28. exceptions for purposes of religion nothing in section 22 shall prevent different treatment based on sex where the position is for the purposes of an organised religion and is limited to one sex so as to comply with the doctrines or rules or established customs of the religion. nothing in section 22 shall prevent different treatment based on religious or ethical belief where— that treatment is accorded under section 65 of the private schools conditional integration act 1975; or the sole or principal duties of the position (not being a position to which section 65 of the private schools conditional integration act 1975 applies)— are, or are substantially the same as, those of a clergyman, priest, pastor, official, or teacher among adherents of that belief or otherwise involve the propagation of that belief; or are those of a teacher in a private school; or consist of acting as a social worker on behalf of an organisation whose members comprise solely or principally adherents of that belief. where a religious or ethical belief requires its adherents to follow a particular practice, an employer must accommodate the practice so long as any adjustment of the employer’s activities required to accommodate the practice does not unreasonably disrupt the employer’s activities. 29. further exceptions in relation to disability nothing in section 22 shall prevent different treatment based on disability where— the position is such that the person could perform the duties of the position satisfactorily only with the aid of special services or facilities and it is not reasonable to expect the employer to provide those services or facilities; or the environment in which the duties of the position are to be performed or the nature of those duties, or of some of them, is such that the person could perform those duties only with a risk of harm to that person or to others, including the risk of infecting others with an illness, and it is not reasonable to take that risk. nothing in subsection (1)(b) shall apply if the employer could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level. nothing in section 22 shall apply to terms of employment or conditions of work that are set or varied after taking into account— any special limitations that the disability of a person imposes on his or her capacity to carry out the work; and any special services or facilities that are provided to enable or facilitate the carrying out of the work. 30. further exceptions in relation to age nothing in section 22(1)(a) or section 22(1)(d) shall apply in relation to any position or employment where being of a particular age or in a particular age group is a genuine occupational qualification for that position or employment, whether for reasons of safety or for any other reason. nothing in section 22(1)(b) shall prevent payment of a person at a lower rate than another person employed in the same or substantially similar circumstances where the lower rate is paid on the basis that the first-mentioned person has not attained a particular age, not exceeding 20 years of age. nothing in section 22(1)(a) shall prevent preferential treatment based on age accorded to persons who are to be paid in accordance with subsection (2). 30a. exception in relation to employment-related retirement benefits nothing in section 22(1)(b) prevents different treatment based on age with respect to, or in any way related to, the payment of a benefit to an employee on retirement if— the employee’s entitlement to that benefit (the retirement benefit), or the calculation of that retirement benefit, is determined in whole or in part (and whether directly or indirectly) by the employee’s age; and the retirement benefit is a term of a written employment contract that was in force on or before 1 february 1999; and the employee was, on or before 1 february 1999, a party to that employment contract. if a retirement benefit was a term of an employee’s written employment contract on 1 february 1999, subsection (1) continues to apply in relation to the payment of that retirement benefit even if either or both of the following things occur after that date: the employee and the employer enter into a new written employment contract or employment agreement under which the employee remains entitled to that retirement benefit: a different person becomes the employee’s employer as a result of a merger, takeover, restructuring, or reorganisation, but the employee remains entitled to that retirement benefit by virtue of any enactment or agreement. this section does not limit section 149. 31. exception in relation to employment of a political nature nothing in section 22 shall prevent different treatment based on political opinion where the position is one as— a political adviser or secretary to a member of parliament; or a political adviser to a member of a local authority; or a political adviser to a candidate seeking election to the house of representatives or to a local authority within the meaning of the local electoral act 2001; or a member of the staff of a political party. 32. exception in relation to family status nothing in section 22 shall prevent restrictions imposed by an employer— on the employment of any person who is married to, or in a civil union or in a de facto relationship with, or who is a relative of, another employee if— there would be a reporting relationship between them; or there is a risk of collusion between them to the detriment of the employer; or on the employment of any person who is married to, or in a civil union or in a de facto relationship with, or who is a relative of, an employee of another employer if there is a risk of collusion between them to the detriment of that person’s employer. 33. armed forces [repealed] 34. regular forces nothing in section 22(1)(c) or section 22(1)(d) shall prevent the chief of defence force from instituting, under section 57a of the defence act 1990, the discharge or release of a member of the regular forces. [repealed] 35. general qualification on exceptions no employer shall be entitled, by virtue of any of the exceptions in this part, to accord to any person in respect of any position different treatment based on a prohibited ground of discrimination even though some of the duties of that position would fall within any of those exceptions if, with some adjustment of the activities of the employer (not being an adjustment involving unreasonable disruption of the activities of the employer), some other employee could carry out those particular duties. subpart 6. discrimination in partnerships 36. partnerships it shall be unlawful for a firm, or for persons jointly promoting the formation of a firm,— to refuse or to omit to offer a person admission to the firm as a partner; or to offer or afford a person less favourable terms and conditions as a partner than are made available to other members or prospective members of the firm,— by reason of any of the prohibited grounds of discrimination. it shall be unlawful for a firm— to deny any partner increased status in the firm or an increased share in the capital or profits of the firm; or to expel any partner from the firm or to subject any partner to any other detriment,— by reason of any of the prohibited grounds of discrimination. it is unlawful for a firm, or for persons jointly promoting the formation of a firm, to fail to provide special services or facilities that could reasonably be provided by the firm, or those persons, in the circumstances and that, if provided, would enable a person with a disability— to be accepted as a partner and remain in partnership; or to be offered the same terms and conditions as a partner (including terms and conditions as to status in the firm or entitlements to shares in capital or profits) that are made available to other members or prospective members of the firm. nothing in this section prevents the fixing of reasonable terms and conditions in relation to a partner or prospective partner, who by reason of disability or age— has a restricted capacity to participate or continue to participate in the partnership, that cannot be restored to normal by the provision of any special services or facilities required to be provided under subsection (2a); or requires special conditions if he or she is to participate or continue to participate in the partnership, even if any special services or facilities required to be provided under subsection (2a) are provided. nothing in this section applies in respect of a person with a disability, if the disability of the person is such that— there would be a risk of harm to that person or others, including the risk of infecting others with an illness if that person were to accept or remain in partnership or be given the same terms and conditions as a partner (including terms and conditions as to status in the firm or entitlement to shares in capital or profits) that were made available to other members or prospective members of the firm; and it is not reasonable to take that risk. subsection (4) does not apply if the firm, or persons jointly promoting the formation of a firm, could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level. subpart 7. discrimination by industrial and professional associations, qualifying bodies, and vocational training bodies 37. organisations of employees or employers and professional and trade associations it shall be unlawful for an organisation to which this section applies, or for any person acting or purporting to act on behalf of any such organisation,— to refuse or omit to accept any person for membership; or to offer any person less favourable terms of membership and less favourable access to any benefits, facilities, or services, including the right to stand for election and hold office in the organisation, than would otherwise be made available; or to deprive a person of membership, or suspend him or her, in circumstances in which other persons would not be deprived of membership or suspended,— by reason of any of the prohibited grounds of discrimination. it is unlawful for an organisation to which this section applies, or for any person acting or purporting to act on behalf of any such organisation, to fail to provide special services or facilities that could reasonably be provided by the organisation in the circumstances and that, if provided, would enable a person with a disability to— be accepted and remain in membership; or be given equal access to benefits, facilities, or services provided by the organisation (including the right to stand for election and hold office). nothing in this section shall prevent an organisation to which this section applies from charging different fees to persons in different age groups. nothing in this section applies in respect of a person with a disability, if the disability of the person is such that— there would be a risk of harm to that person or others, including the risk of infecting others with an illness if that person were to accept or remain in membership or be given equal access to benefits, facilities, or services provided by the organisation (including the right to stand for election and hold office); and it is not reasonable to take that risk. subsection (2a) does not apply if the organisation could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level. this section applies to an organisation of employees, an organisation of employers, or any other organisation that exists for the purposes of members who carry on a particular profession, trade, or calling. 38. qualifying bodies it shall be unlawful for an authority or body empowered to confer an approval, authorisation, or qualification that is needed for, or facilitates, engagement in a profession, trade, or calling, or any person acting or purporting to act on behalf of any such authority or body,— to refuse or omit to confer that approval, authorisation, or qualification on a person; or to confer that approval, authorisation, or qualification on less favourable terms and conditions than would otherwise be made available; or to withdraw that approval, authorisation, or qualification or vary the terms on which it is held, in circumstances in which it would not otherwise be withdrawn or varied,— by reason of any of the prohibited grounds of discrimination. for the purposes of this section confer includes renew or extend. 39. exceptions in relation to qualifying bodies nothing in section 38 shall apply where the authorisation or qualification is needed for, or facilitates engagement in, a profession or calling for the purposes of an organised religion and is limited to one sex or to persons of that religious belief so as to comply with the doctrines or rules or established customs of that religion. nothing in section 38 shall prevent different treatment based on disability where— the person seeking or holding the approval, authorisation, or qualification is not, by reason of that person’s disability, able to perform the duties required of a person who holds the approval, authorisation, or qualification; or the environment in which the duties required of a person who holds the approval, authorisation, or qualification are to be performed or the nature of those duties, or of some of them, are such that, if that approval, authorisation, or qualification were granted to or retained by the person with a disability, there would be a risk of harm to that person or others, including the risk of infecting others with an illness, and it is not reasonable to take that risk; or conditions placed on the granting of the approval, authorisation, or qualification to any person or on the retention of the approval, authorisation, or qualification by any person are reasonably related to the disability of that person. for the purposes of applying subsection (2)(a) and (b), an authority or body referred to in section 38 must,— in the case of subsection (2)(a), take account of whether a disabled person could perform the required duties if he or she was provided with special services or facilities that could reasonably be provided by an employer or by any other relevant person: in the case of subsection (2)(b), take account of whether the risk of harm referred to in that paragraph could be reduced to a normal level, without unreasonable disruption to an employer or to any other relevant person. nothing in section 38 shall apply where— the authority or body imposes a reasonable and appropriate minimum age under which the approval, authorisation, or qualification will not be conferred; or the authority or body imposes reasonable and appropriate terms and conditions on the grant or retention of the approval, authorisation, or qualification by reason of the age of the person seeking or holding it. 40. vocational training bodies it shall be unlawful for any organisation or association which has as its function or one of its principal functions the provision of training, or facilities or opportunities for training (including facilities or opportunities by way of financial grants), that would help to fit a person for any employment, or for any person acting or purporting to act on behalf of any such organisation or association,— to refuse or omit to provide training, or facilities or opportunities for training; or to provide training, or facilities or opportunities for training, on less favourable terms and conditions than would otherwise be made available; or to terminate training, or facilities or opportunities for training,— by reason of any of the prohibited grounds of discrimination. 41. exceptions in relation to vocational training bodies nothing in section 40 shall prevent an organisation or association from affording persons preferential access to facilities for training that would help to fit them for employment where it appears to that organisation or association that those persons are in special need of training by reason of the period for which they have not been engaged in regular full-time employment. subject to subsection (3), nothing in section 40 shall apply where a person’s disability is such that there would be a risk of harm to that person or to others, including the risk of infecting others with an illness, if that person were to be provided with training, or facilities or opportunities for training, and it is not reasonable to take that risk. nothing in subsection (2) shall apply if the organisation or association providing training, or facilities or opportunities for training, could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level. nothing in section 40 shall prevent an organisation or association from providing training, or facilities or opportunities for training (including facilities or opportunities by way of financial grants), only for persons above a particular age or in a particular age group. nothing in section 40 shall prevent the making of financial grants by an organisation or association only to persons above a particular age or in a particular age group. nothing in section 40 shall prevent an organisation or association from charging different fees to persons in different age groups. nothing in section 40 makes it unlawful to fail to provide special services or facilities designed for a specified purpose if those special services or facilities cannot reasonably be provided in the circumstances. in subsection (7), a specified purpose means 1 or more of the following purposes: to enable a person with a disability to undergo and remain in training; or to provide a person with a disability with facilities or opportunities for training; or to provide a person with a disability with facilities or opportunities for training on no less favourable terms and conditions than would otherwise be made available. subpart 8. discrimination in access to places, vehicles, and facilities 42. access by the public to places, vehicles, and facilities it shall be unlawful for any person— to refuse to allow any other person access to or use of any place or vehicle which members of the public are entitled or allowed to enter or use; or to refuse any other person the use of any facilities in that place or vehicle which are available to members of the public; or to require any other person to leave or cease to use that place or vehicle or those facilities,— by reason of any of the prohibited grounds of discrimination. in this section the term vehicle includes a vessel, an aircraft, or a hovercraft. 43. exceptions in relation to access by the public to places, vehicles, and facilities section 42 shall not prevent the maintenance of separate facilities for each sex on the ground of public decency or public safety. nothing in section 42 requires any person to provide for any person, by reason of the disability of that person, special services or special facilities to enable any such person to gain access to or use any place or vehicle when it would not be reasonable to require the provision of such special services or facilities. nothing in subsection (2) limits section 118 of the building act 2004. subject to subsection (5), nothing in section 42 shall apply where the disability of a person is such that there would be a risk of harm to that person or to others, including the risk of infecting others with an illness, if that person were to have access to or use of any place or vehicle and it is not reasonable to take that risk. subsection (4) shall not apply if the person in charge of the place, vehicle, or facility could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level. subpart 9. discrimination in provision of goods and services 44. provision of goods and services it shall be unlawful for any person who supplies goods, facilities, or services to the public or to any section of the public— to refuse or fail on demand to provide any other person with those goods, facilities, or services; or to treat any other person less favourably in connection with the provision of those goods, facilities, or services than would otherwise be the case,— by reason of any of the prohibited grounds of discrimination. for the purposes of subsection (1), but without limiting the meaning of the terms goods, facilities, and services in that subsection, the term facilities includes facilities by way of banking or insurance or for grants, loans, credit, or finance. where any club, or any branch or affiliate of any club, that grants privileges to members of any other club, branch, or affiliate refuses or fails on demand to provide those privileges to any of those members, or treats any of those members less favourably in connection with the provision of those privileges than would otherwise be the case, by reason of any of the prohibited grounds of discrimination, that club, branch, or affiliate shall be deemed to have committed a breach of this section. subject to subsection (3), nothing in this section shall apply to access to membership of a club or to the provision of services or facilities to members of a club. 45. exception in relation to courses and counselling nothing in section 44 shall prevent the holding of courses, or the provision of counselling, restricted to persons of a particular sex, race, ethnic or national origin, or sexual orientation where highly personal matters, such as sexual matters or the prevention of violence, are involved. 46. exception in relation to public decency or safety section 44 shall not apply to the maintenance or provision of separate facilities or services for each sex on the ground of public decency or public safety. 47. exception in relation to skill where the nature of a skill varies according to whether it is exercised in relation to men or women, a person does not commit a breach of section 44 by exercising the skill in relation to one sex only, in accordance with that person’s normal practice. 48. exception in relation to insurance it shall not be a breach of section 44 to offer or provide annuities, life insurance policies, accident insurance policies, or other policies of insurance, whether for individual persons or groups of persons, on different terms or conditions for each sex or for persons with a disability or for persons of different ages if the different treatment— is based on— actuarial or statistical data, upon which it is reasonable to rely, relating to life-expectancy, accidents, or sickness; or where no such data is available in respect of persons with a disability, reputable medical or actuarial advice or opinion, upon which it is reasonable to rely, whether or not contained in an underwriting manual; and is reasonable having regard to the applicability of the data or advice or opinion, and of any other relevant factors, to the particular circumstances. in assessing, for the purposes of this section, whether it is reasonable to rely on any data or advice or opinion, and whether different treatment is reasonable, the commission or the complaints division may— require justification to be provided for reliance on the data or advice or opinion and for the different treatment; and request the views of an actuary on the justification for the reliance and for the different treatment. 49. exception in relation to sport subject to subsection (2), nothing in section 44 shall prevent the exclusion of persons of one sex from participation in any competitive sporting activity in which the strength, stamina, or physique of competitors is relevant. subsection (1) does not apply in relation to the exclusion of persons from participation in— the coaching of persons engaged in any sporting activity; or the umpiring or refereeing of any sporting activity; or the administration of any sporting activity; or sporting activities by persons who have not attained the age of 12 years. it shall not be a breach of section 44 to exclude any person from any competitive sporting event or activity if that person’s disability is such that there would be a risk of harm to that person or to others, including the risk of infecting others with an illness, if that person were to take part in that competitive sporting event or activity and it is not reasonable to take that risk. it shall not be a breach of section 44 to conduct competitive sporting events or activities in which only persons with a particular disability or age qualification may take part. 50. exception in relation to travel services it shall not be a breach of section 44 to provide group travel services which are expressed to be solely for the benefit of persons in a particular age group. 51. exception in relation to reduced charges it shall not be a breach of section 44 to provide goods, services, or facilities at a reduced fee, charge, or rate on the ground of age, disability, or employment status, whether or not there are conditions applicable to the reduced fee, charge, or rate. 52. exception in relation to disability it shall not be a breach of section 44 for a person who supplies facilities or services— to refuse to provide those facilities or services to any person if— that person’s disability requires those facilities or services to be provided in a special manner; and the person who supplies the facilities or services cannot reasonably be expected to provide them in that special manner; or to provide those facilities or services to any person on terms that are more onerous than those on which they are made available to other persons, if— that person’s disability requires those facilities or services to be provided in a special manner; and the person who supplies the facilities or services cannot reasonably be expected to provide them without requiring more onerous terms. subpart 10. discrimination in provision of land, housing, and other accommodation 53. land, housing, and other accommodation it shall be unlawful for any person, on his or her own behalf or on behalf or purported behalf of any principal,— to refuse or fail to dispose of any estate or interest in land or any residential or business accommodation to any other person; or to dispose of such an estate or interest or such accommodation to any person on less favourable terms and conditions than are or would be offered to other persons; or to treat any person who is seeking to acquire or has acquired such an estate or interest or such accommodation differently from other persons in the same circumstances; or to deny any person, directly or indirectly, the right to occupy any land or any residential or business accommodation; or to terminate any estate or interest in land or the right of any person to occupy any land or any residential or business accommodation,— by reason of any of the prohibited grounds of discrimination. it shall be unlawful for any person, on his or her own behalf or on behalf or purported behalf of any principal, to impose or seek to impose on any other person any term or condition which limits, by reference to any of the prohibited grounds of discrimination, the persons or class of persons who may be the licensees or invitees of the occupier of any land or any residential or business accommodation. 54. exception in relation to shared residential accommodation nothing in section 53 shall apply to residential accommodation which is to be shared with the person disposing of the accommodation, or on whose behalf it is disposed of. 55. exception in relation to hostels, institutions, etc nothing in section 53 shall apply to accommodation in any hostel or in any establishment (such as a hospital, club, school, university, religious institution, or retirement village), or in any part of a hostel or any such establishment, where accommodation is provided only for persons of the same sex, marital status, or religious or ethical belief, or for persons with a particular disability, or for persons in a particular age group. 56. further exception in relation to disability subject to subsection (2), nothing in section 53 shall apply, in relation to any accommodation, if the disability of the person is such that there would be a risk of harm to that person or others, including the risk of infecting others with an illness, if that person were to live in that accommodation and it is not reasonable to take that risk. subsection (1) shall not apply if the person in charge of the accommodation could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level. nothing in section 53 makes it unlawful to fail to provide special services or facilities designed to make accommodation suitable for occupation by a person with a disability, if those special services or facilities cannot reasonably be provided in the circumstances. subpart 11. discrimination in access to educational establishments 57. educational establishments it shall be unlawful for an educational establishment, or the authority responsible for the control of an educational establishment, or any person concerned in the management of an educational establishment or in teaching at an educational establishment,— to refuse or fail to admit a person as a pupil or student; or to admit a person as a pupil or a student on less favourable terms and conditions than would otherwise be made available; or to deny or restrict access to any benefits or services provided by the establishment; or to exclude a person as a pupil or a student or subject him or her to any other detriment,— by reason of any of the prohibited grounds of discrimination. in this section educational establishment includes an establishment offering any form of training or instruction and an educational establishment under the control of an organisation or association referred to in section 40. 58. exceptions in relation to establishments for particular groups an educational establishment maintained wholly or principally for students of one sex, race, or religious belief, or for students with a particular disability, or for students in a particular age group, or the authority responsible for the control of any such establishment, does not commit a breach of section 57 by refusing to admit students of a different sex, race, or religious belief, or students not having that disability or not being in that age group. nothing in section 57 shall prevent an organisation or association from affording persons preferential access to facilities for training that would help to fit them for employment where it appears to that organisation or association that those persons are in special need of training by reason of the period for which they have not been engaged in regular full-time employment. nothing in section 57 shall prevent an organisation or association from providing training, or facilities or opportunities for training (including facilities or opportunities by way of financial grants), only for persons above a particular age or in a particular age group. nothing in section 57 shall prevent the making of financial grants by an organisation or association only to persons above a particular age or in a particular age group. nothing in section 57 shall prevent an organisation or association from charging different fees to persons in different age groups. 59. exception in relation to courses and counselling nothing in section 57 shall prevent the holding or provision, at any educational establishment, of courses or counselling restricted to persons of a particular sex, race, ethnic or national origin, or sexual orientation, where highly personal matters, such as sexual matters or the prevention of violence, are involved. 60. further exceptions in relation to disability nothing in section 57 applies to a person whose disability is such that that person requires special services or facilities that in the circumstances cannot reasonably be made available (being services or facilities that are required to enable the person to participate in the educational programme of an establishment referred to in that section or to enable the person to derive substantial benefits from that programme). subject to subsection (3), nothing in section 57 shall apply where the person’s disability is such that there would be a risk of harm to that person or to others, including the risk of infecting others with an illness, if that person were to be admitted to an educational establishment and it is not reasonable to take that risk. nothing in subsection (2) shall apply if the person in charge of the educational establishment could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level. subpart 11. other forms of discrimination 61. racial disharmony it shall be unlawful for any person— to publish or distribute written matter which is threatening, abusive, or insulting, or to broadcast by means of radio or television words which are threatening, abusive, or insulting; or to use in any public place as defined in section 2(1) of the summary offences act 1981, or within the hearing of persons in any such public place, or at any meeting to which the public are invited or have access, words which are threatening, abusive, or insulting; or to use in any place words which are threatening, abusive, or insulting if the person using the words knew or ought to have known that the words were reasonably likely to be published in a newspaper, magazine, or periodical or broadcast by means of radio or television,— being matter or words likely to excite hostility against or bring into contempt any group of persons in or who may be coming to new zealand on the ground of the colour, race, or ethnic or national origins of that group of persons. it shall not be a breach of subsection (1) to publish in a newspaper, magazine, or periodical or broadcast by means of radio or television a report relating to the publication or distribution of matter by any person or the broadcast or use of words by any person, if the report of the matter or words accurately conveys the intention of the person who published or distributed the matter or broadcast or used the words. for the purposes of this section,— newspaper means a paper containing public news or observations on public news, or consisting wholly or mainly of advertisements, being a newspaper that is published periodically at intervals not exceeding 3 months publishes or distributes means publishes or distributes to the public at large or to any member or members of the public written matter includes any writing, sign, visible representation, or sound recording. 62. sexual harassment it shall be unlawful for any person (in the course of that person’s involvement in any of the areas to which this subsection is applied by subsection (3)) to make a request of any other person for sexual intercourse, sexual contact, or other form of sexual activity which contains an implied or overt promise of preferential treatment or an implied or overt threat of detrimental treatment. it shall be unlawful for any person (in the course of that person’s involvement in any of the areas to which this subsection is applied by subsection (3)) by the use of language (whether written or spoken) of a sexual nature, or of visual material of a sexual nature, or by physical behaviour of a sexual nature, to subject any other person to behaviour that— is unwelcome or offensive to that person (whether or not that is conveyed to the first-mentioned person); and is either repeated, or of such a significant nature, that it has a detrimental effect on that person in respect of any of the areas to which this subsection is applied by subsection (3). the areas to which subsections (1) and (2) apply are— the making of an application for employment: employment, which term includes unpaid work: participation in, or the making of an application for participation in, a partnership: membership, or the making of an application for membership, of an industrial union or professional or trade association: access to any approval, authorisation, or qualification: vocational training, or the making of an application for vocational training: access to places, vehicles, and facilities: access to goods and services: access to land, housing, or other accommodation: education. where a person complains of sexual harassment, no account shall be taken of any evidence of the person’s sexual experience or reputation. 63. racial harassment it shall be unlawful for any person to use language (whether written or spoken), or visual material, or physical behaviour that— expresses hostility against, or brings into contempt or ridicule, any other person on the ground of the colour, race, or ethnic or national origins of that person; and is hurtful or offensive to that other person (whether or not that is conveyed to the first-mentioned person); and is either repeated, or of such a significant nature, that it has a detrimental effect on that other person in respect of any of the areas to which this subsection is applied by subsection (2). the areas to which subsection (1) applies are— the making of an application for employment: employment, which term includes unpaid work: participation in, or the making of an application for participation in, a partnership: membership, or the making of an application for membership, of an industrial union or professional or trade association: access to any approval, authorisation, or qualification: vocational training, or the making of an application for vocational training: access to places, vehicles, and facilities: access to goods and services: access to land, housing, or other accommodation: education. 64. choice of procedures [repealed] 65. indirect discrimination where any conduct, practice, requirement, or condition that is not apparently in contravention of any provision of this part has the effect of treating a person or group of persons differently on 1 of the prohibited grounds of discrimination in a situation where such treatment would be unlawful under any provision of this part other than this section, that conduct, practice, condition, or requirement shall be unlawful under that provision unless the person whose conduct or practice is in issue, or who imposes the condition or requirement, establishes good reason for it. 66. victimisation it shall be unlawful for any person to treat or to threaten to treat any other person less favourably than he or she would treat other persons in the same or substantially similar circumstances— on the ground that that person, or any relative or associate of that person,— intends to make use of his or her rights under this act or to make a disclosure under the protected disclosures act 2000; or has made use of his or her rights, or promoted the rights of some other person, under this act, or has made a disclosure, or has encouraged disclosure by some other person, under the protected disclosures act 2000; or has given information or evidence in relation to any complaint, investigation, or proceeding under this act or arising out of a disclosure under the protected disclosures act 2000; or has declined to do an act that would contravene this act; or has otherwise done anything under or by reference to this act; or on the ground that he or she knows that that person, or any relative or associate of that person, intends to do any of the things mentioned in subparagraphs (i) to (v) of paragraph (a) or that he or she suspects that that person, or any relative or associate of that person, has done, or intends to do, any of those things. subsection (1) shall not apply where a person is treated less favourably because he or she has knowingly made a false allegation or otherwise acted in bad faith. 67. advertisements it shall be unlawful for any person to publish or display, or to cause or allow to be published or displayed, any advertisement or notice which indicates, or could reasonably be understood as indicating, an intention to commit a breach of any of the provisions of this part. for the purposes of subsection (1), use of a job description with a gender connotation (such as postman or stewardess) shall be taken to indicate an intention to discriminate, unless the advertisement contains an indication to the contrary. 68. liability of employer and principals subject to subsection (3), anything done or omitted by a person as the employee of another person shall, for the purposes of this part, be treated as done or omitted by that other person as well as by the first-mentioned person, whether or not it was done with that other person’s knowledge or approval. anything done or omitted by a person as the agent of another person shall, for the purposes of this part, be treated as done or omitted by that other person as well as by the first-mentioned person, unless it is done or omitted without that other person’s express or implied authority, precedent or subsequent. in proceedings under this act against any person in respect of an act alleged to have been done by an employee of that person, it shall be a defence for that person to prove that he or she took such steps as were reasonably practicable to prevent the employee from doing that act, or from doing as an employee of that person acts of that description. 69. further provision in relation to sexual or racial harassment in employment where— a request of the kind described in section 62(1) is made to an employee; or an employee is subjected to behaviour of the kind described in section 62(2) or section 63— by a person who is a customer or a client of the employee’s employer, the employee may make a complaint in writing about that request or behaviour to the employee’s employer. the employer, on receiving a complaint under subsection (1),— shall inquire into the facts; and if satisfied that such a request was made or that such behaviour took place,— shall take whatever steps are practicable to prevent any repetition of such a request or of such behaviour. where any person, being a person in relation to whom an employee has made a complaint under subsection (1),— either— makes to that employee after the complaint a request of the kind described in section 62(1); or subjects that employee after the complaint to behaviour of the kind described in section 62(2) or section 63; and the employer of that employee has not taken whatever steps are practicable to prevent the repetition of such a request or such behaviour,— that employer shall be deemed to have committed a breach of this act and the provisions of this act shall apply accordingly. subpart 12. special provisions relating to superannuation schemes 70. superannuation schemes subject to subsection (3), nothing in section 22 or section 44 relating to different treatment on the ground of age or disability shall apply to any condition in, or requirement of, a superannuation scheme in existence at the commencement of this act in relation to a person who was a member of the scheme at the commencement of this act or who becomes a member of the scheme before 1 january 1996. it shall continue to be lawful for the provisions of a superannuation scheme to provide— different benefits for members of each sex on the basis of the same contributions; or the same benefits for members of each sex on the basis of different contributions,— if the different treatment— is based on actuarial or statistical data, upon which it is reasonable to rely, relating to life-expectancy, accidents, or sickness; and is reasonable having regard to the applicability of the data, and of any other relevant factors, to the particular circumstances. it shall continue to be unlawful to require an applicant for membership of a superannuation scheme to have attained a minimum age. nothing in section 22 or section 44 shall prevent the provisions of a superannuation scheme from— providing or requiring different contributions for members; or providing benefits for members that differ in nature or amount,— by reason of the disability or age of those members, if the different treatment— is based on— actuarial or statistical data, upon which it is reasonable to rely, relating to life-expectancy, accidents, or sickness; or where no such data is available in respect of persons with a disability, reputable medical or actuarial advice or opinion, upon which it is reasonable to rely, whether or not contained in an underwriting manual; and is reasonable having regard to the applicability of the data or advice or opinion, and of any other relevant factors, to the particular circumstances. nothing in section 22 or section 44 shall prevent the provisions of a superannuation scheme, or the trustees of the scheme, from— requiring an applicant for membership of the scheme to be under a specified maximum age; or permitting a member of the scheme to elect to make increased or reduced contributions to the scheme either temporarily or indefinitely; or specifying an age of eligibility for each type of benefit provided for members of the scheme; or subject to section 9c of the superannuation schemes act 1989, requiring persons who become members of the scheme on or after 1 january 1995 to leave the scheme on reaching the age at which persons of that age ordinarily qualify for national superannuation under section 7 of the new zealand superannuation and retirement income act 2001; or providing benefits on the death or disability of members of the scheme that decrease in value as the age of members increases; or providing benefits for members of the scheme that differ in nature and amount according to the member’s period of membership (including any period deemed by the trustees of the scheme to be membership) of the scheme and of any scheme replaced by that scheme, and, in the case of a superannuation scheme provided by an employer, of any scheme to which the employer has paid contributions on behalf of the employee. in assessing for the purposes of this section whether it is reasonable to rely on any data or advice or opinion and whether different treatment is reasonable, the commission or the complaints division may— require justification to be provided for reliance on the data or advice or opinion and for the different treatment; and request the views of an actuary on the justification for the reliance and for the different treatment. 71. reports on superannuation schemes the commission shall from time to time, after consultation with the fma, report to the minister on whether discrimination on the prohibited grounds has been eliminated from superannuation schemes. 72. power to vary trust deeds notwithstanding any act or rule of law or the provisions of the instrument or conditions governing any superannuation scheme, the trustees of the scheme may make such amendments to that instrument or those conditions as are necessary or desirable to give effect to the provisions of sections 22, 44, and 70. every amendment to the provisions of an instrument or conditions governing any superannuation scheme made under subsection (1) on or after the commencement of the human rights amendment act 1994 must be made by deed. subpart 13. other matters 73. measures to ensure equality anything done or omitted which would otherwise constitute a breach of any of the provisions of this part shall not constitute such a breach if— it is done or omitted in good faith for the purpose of assisting or advancing persons or groups of persons, being in each case persons against whom discrimination is unlawful by virtue of this part; and those persons or groups need or may reasonably be supposed to need assistance or advancement in order to achieve an equal place with other members of the community. nothing in this part— limits the power of the crown to establish or arrange work or training schemes or employment assistance measures, eligibility for which may, in whole or in part, be determined by a person’s age, employment status, or family status; or makes it unlawful for any person to recruit or refer any other person who is of a particular age or of a particular employment status or of a particular family status for any work or training scheme or employment assistance measure that is established or arranged by the crown, the eligibility for which may, in whole or in part, be determined by a person’s age, employment status, or family status. 74. measures relating to pregnancy, childbirth, or family responsibilities for the avoidance of doubt it is hereby declared that preferential treatment granted by reason of— a woman’s pregnancy or childbirth; or a person’s responsibility for part-time care or full-time care of children or other dependants— shall not constitute a breach of this part. part 3. resolution of disputes about compliance with part 1a and part 2 75. object of this part the object of this part is to establish procedures that— facilitate the provision of information to members of the public who have questions about discrimination; and recognise that disputes about compliance with part 1a or part 2 are more likely to be successfully resolved if those disputes can be resolved promptly by the parties themselves; and recognise that, if disputes about compliance with part 1a or part 2 are to be resolved promptly, expert problem-solving support, information, and assistance needs to be available to the parties to those disputes; and recognise that the procedures for dispute resolution under this part need to be flexible; and recognise that judicial intervention at the lowest level needs to be that of a specialist decision-making body that is not inhibited by strict procedural requirements; and recognise that difficult issues of law may need to be determined by higher courts. 76. functions of commission under this part the primary functions of the commission under this part are— to provide information to members of the public who have questions about discrimination; and to facilitate the resolution of disputes about compliance with part 1a or part 2, by the parties concerned, in the most efficient, informal, and cost-effective manner possible. the commission has, in order to carry out its function under subsection (1)(b), the following functions: to receive and assess a complaint alleging that there has been a breach of part 1a or part 2, or both: to gather information in relation to a complaint of that kind (including one referred back to it by the director under section 90(1)(b), or the tribunal under section 92d) for the purposes of paragraphs (c) and (d): to offer services designed to facilitate resolution of the complaint, including information, expert problem-solving support, mediation, and other assistance: to take action or further action under this part in relation to the complaint, if the complainant or aggrieved person wishes to proceed with it, unless section 80(2) or (3) applies: to provide information gathered in relation to a complaint to the parties concerned. 77. dispute resolution services the commission must provide dispute resolution services for the purposes of carrying out its functions under section 76. services provided under this section may include— the provision of general information about discrimination and legal obligations in relation to discrimination: the provision of information about what services are available for persons who have disputes about compliance with part 1a or part 2: the provision of a venue for, and a mediator at, any dispute resolution meeting that— is designed to enable each party to discuss and seek to resolve any complaint, without prejudice to his or her position; and is convened at the request, or with the agreement of, the parties or, if section 84(4) applies, by the commission: other services (of a type that can address a variety of circumstances) that assist persons to resolve, promptly and effectively, their disputes about compliance with part 1a or part 2. 78. method of providing services services provided under section 77 may be provided in any manner, including— by a telephone, facsimile, internet, or email service (whether as a means of explaining where information can be found or as a means of actually providing the information or of otherwise seeking to resolve the problem); or by publishing pamphlets, brochures, booklets, or codes; or by specialists who— respond to requests or themselves identify how, where, and when their services can best support the object of this part; or provide their services in the manner, and at the time and place that is, most likely to resolve the problem or dispute in question; or provide their services in all of the ways described in this paragraph. 79. how complaints received to be treated this section applies if the commission receives, under section 76(2)(a), a complaint alleging that there has been a breach of part 1a or part 2 or both parts. if the complaint or part of it concerns an enactment, or an act or omission that is authorised or required by an enactment, the complaint or relevant part of it must be treated only as a complaint that the enactment is in breach of part 1a. despite every other provision of this section, if the complaint or part of it concerns a judgment or other order of a court, or an act or omission of a court affecting the conduct of any proceedings, the commission must take no further action in relation to the complaint or relevant part of it. if the complaint or part of it concerns an act or omission by a person or body referred to in section 3 of the new zealand bill of rights act 1990, and neither subsection (2) nor subsection (3) applies, the complaint or relevant part of it— must be treated only as a complaint that there is a breach of part 1a, unless the act or omission complained of involves conduct that— is unlawful under any of sections 22, 23, 61 to 63, and 66; or is unlawful under any of sections 65 and 67 to 74, but only to the extent that those sections relate to conduct that is unlawful under any provision referred to in subparagraph (i): must be treated only as a complaint that there has been a breach of the relevant provision or provisions of part 2 if the act or omission complained of involves conduct that is unlawful under any of sections 22, 23, 61 to 63, and 66. if the complaint or relevant part of it concerns a breach of part 2, and none of subsections (2) to (4) applies to the complaint or relevant part of it, the complaint or relevant part of it must be treated only as a complaint that there has been a breach of the relevant provision or provisions of part 2. nothing in this section prevents the commission from involving any person that it considers appropriate in information gathering and the resolution of disputes. 79a. choice of procedures if the circumstances giving rise to a complaint under part 2 are such that an employee would also be entitled to pursue a personal grievance under the employment relations act 2000, the employee may take one, but not both, of the following steps: the employee may make in relation to those circumstances a complaint under this act: the employee may, if the grievance is not otherwise resolved, apply to the employment relations authority for the resolution of the grievance under the employment relations act 2000. to avoid doubt, a complaint referred to in subsection (1) includes, but is not limited to, a complaint about sexual harassment or racial harassment. for the purposes of subsection (1)(a), an employee makes a complaint when proceedings about that complaint are commenced by the complainant or the commission. if an employee makes a complaint under subsection (1)(a), the employee may not exercise or continue to exercise any rights relating to the subject matter of the complaint that the employee may have under the employment relations act 2000. if an employee applies to the employment relations authority for a resolution of the grievance under subsection (1)(b), the employee may not exercise or continue to exercise any rights relating to the subject matter of the grievance that the employee may have under this act. 80. taking action or further action in relation to complaint the commission may only take action or further action under this part in relation to a complaint if the complainant or person alleged to be aggrieved (if not the complainant) informs the commission that he or she wishes to proceed with the complaint. the commission may decline to take action or further action under this part in relation to a complaint if the complaint relates to a matter of which the complainant or the person alleged to be aggrieved (if not the complainant) has had knowledge for more than 12 months before the complaint is received by the commission. the commission may also decline to take action or further action under this part in relation to a complaint if, in the commission’s opinion,— the subject matter of the complaint is trivial; or the complaint is frivolous or vexatious or is not made in good faith; or having regard to all the circumstances of the case, it is unnecessary to take further action in relation to the complaint; or there is in all the circumstances an adequate remedy or right of appeal, other than the right to petition parliament or to make a complaint to the ombudsman, that it would be reasonable for the complainant or the person alleged to be aggrieved (if not the complainant) to exercise. if the commission decides to take no action or no further action in relation to a complaint, it must inform the complainant or the person alleged to be aggrieved (if not the complainant) and the person against whom the complaint is made— of that decision; and of the reasons for that decision; and of his or her right, under section 92b, to bring proceedings before the human rights review tribunal. 81. commission to inform parties of process before gathering information about a complaint, the commission must comply with subsections (2) and (4). the commission must inform the following persons of the commission’s intention to gather information under section 82, and provide them with general information about the matters stated in subsection (3): the complainant (if any); and any person alleged to be aggrieved (if not the complainant); and the person against whom the complaint is made; and if the complaint alleges a breach of part 1a, or alleges a breach of part 2 by a person or body referred to in section 3 of the new zealand bill of rights act 1990, the attorney-general: any other person or body that the commission considers relevant. the matters referred to in subsection (2) are— rights and obligations under this act; and processes that apply to complaints under this act; and other services that may help the parties to a complaint secure a settlement of the matter. the commission must also inform the person against whom the complaint was made and, if subsection (2)(d) applies, the attorney-general— of the details of the complaint (if any); and of the right of that person and, if subsection (2)(d) applies, of the attorney-general to submit to the commission, within a reasonable time, information in response to the complaint. a requirement under this section to inform a person is satisfied if all reasonable efforts have been made to inform the person. 82. information gathering and disclosure by commission when the commission gathers information about a complaint under section 76(2)(b) for the purposes of section 76(2)(c) or (d)— that process must be conducted in private: the commission may hear or obtain information from any persons it thinks fit: except as provided in section 81(4)(b), no person is entitled as of right to be heard by the commission. the commission must make all reasonable efforts to give all parties concerned all relevant information gathered (if any) by it in relation to a complaint promptly after the information is gathered. 83. settlement this section applies if at any time it appears to the commission from a complaint (including one referred back to the commission by the director, under section 90(1)(b), or the tribunal, under section 92d), or from information gathered in relation to the complaint (including any response made under section 81(4)(b)), that it may be possible to reach a settlement. the commission must use its best endeavours to assist the parties to secure a settlement. in this section, settlement— means the agreement of the parties concerned on actions that settle the matter, which may include the payment of compensation or the tendering of an apology; and includes a satisfactory assurance by the person to whom the complaint relates against the repetition of the conduct that was the subject matter of the complaint or against further conduct of a similar kind. 84. reference of complaint to director or from director or tribunal the complainant, aggrieved person, or party seeking to enforce a settlement may refer a complaint to the director so that he or she may decide, under section 90(1)(a) or (c), whether to represent that person in proceedings before the human rights tribunal. the commission must promptly inform all parties concerned of every reference of a complaint back to the commission, whether the reference back is one by the director, under section 90(1)(b), or one by the tribunal, under section 92d. a requirement under this section to inform a person is satisfied if all reasonable efforts have been made to inform the person. if a complaint is referred back to the commission by the director, under section 90(1)(b), or by the tribunal, under section 92d, the commission may, without limiting its other powers, require the parties to attend a dispute resolution meeting or other form of mediation designed to facilitate resolution of the complaint. 85. confidentiality of information disclosed at dispute resolution meeting except with the consent of the parties or the relevant party, persons referred to in subsection (2) must keep confidential— a statement, admission, or document created or made for the purposes of a dispute resolution meeting; and information that is disclosed orally for the purposes of, and in the course of, a dispute resolution meeting. subsection (1) applies to every person who— is a mediator for a dispute resolution meeting; or attends a dispute resolution meeting; or is a person employed or engaged by the commission; or is a person who assists either a mediator at a dispute resolution meeting or a person who attends a dispute resolution meeting. 86. evidence as to dispute resolution meeting no mediator at a dispute resolution meeting may give evidence in any proceedings, whether under this act or any other act, about— the meeting; or anything related to the meeting that comes to his or her knowledge for the purposes of, or in the course of, the meeting. no evidence is admissible in any court, or before any person acting judicially, of any statement, admission, document, or information that, under section 85(1), is required to be kept confidential. 87. certain information not to be made available any statement, admission, document, or information disclosed or made to the mediator at a dispute resolution meeting for the purposes of the dispute resolution meeting must not be made available under the official information act 1982 or the local government official information and meetings act 1987 by a person to whom section 85(1) applies, except with the consent of the parties or the relevant party. 88. limits on effect of section 80(1) or sections 85 to 87 nothing in section 80(1) or sections 85 to 87— prevents the discovery or affects the admissibility of any evidence (being evidence that is otherwise discoverable or admissible and that existed independently of the mediation process) just because the evidence was presented for the purposes of, or in the course of, a dispute resolution meeting; or prevents the gathering of information by the commission for research or educational purposes so long as the parties and the specific matters in issue between them are not identifiable; or prevents the disclosure by any person employed or engaged by the commission to any other person employed or engaged by the commission of matters that need to be disclosed for the purposes of giving effect to this act; or prevents the disclosure of information by any person, if that person has reasonable grounds to believe that disclosure is necessary to prevent, or minimise the danger of, injury to any person or damage to any property. 89. enforcement of terms of settlement agreed by parties a settlement between parties to a complaint may be enforced by proceedings before the tribunal brought under section 92b(4)— by the complainant (if any) or the aggrieved person (if not the complainant); or by the person against whom the complaint was made. 90. functions of director of human rights proceedings under this part the director’s functions under this part include, in relation to a complaint,— deciding, in accordance with sections 91(1) and 92, whether, and to what extent, to provide representation for a party who requests the director to provide representation in proceedings before the tribunal or in related proceedings seeking to enforce a settlement reached on a previous occasion (including a settlement secured at a dispute resolution meeting), and providing representation for the party accordingly: deciding, in accordance with section 91(2), whether to refer the complaint back to the commission: deciding, in accordance with sections 91(3) and 92, whether, and to what extent, to provide representation for a complainant, aggrieved person (if not the complainant), or group of persons who requests, or who request, the director to provide representation in proceedings before the tribunal or in related proceedings against the person against whom the complaint was made or the attorney-general, and providing representation for the complainant, aggrieved person, or group of persons, accordingly. the director’s functions under this part include, in relation to a request from the commission to provide representation in proceedings brought under section 92b, section 92e, or section 97 or in proceedings in which the commission is entitled to appear and be heard under section 92h, deciding, in accordance with sections 91(3) and 92, whether, and to what extent, to provide representation for the commission in proceedings before the tribunal or in related proceedings. in this section and sections 92 and 92c, related proceedings, in relation to proceedings before the tribunal, means proceedings of any of the following descriptions: an appeal to the high court against a decision of the tribunal: proceedings in the high court arising out of— the statement of a case under section 122; or the removal of proceedings or a matter at issue in them under section 122a: an appeal to the court of appeal against a decision of the high court made in proceedings described in paragraph (a) or paragraph (b): an appeal to the supreme court against— a decision of the high court made in proceedings described in paragraph (a) or paragraph (b); or a decision of the court of appeal made in proceedings described in paragraph (c). 91. requirements for director’s decisions under section 90 the director may make a decision under section 90(1)(a) if it appears to him or her that a party has failed to observe the terms of a settlement reached on a previous occasion. the director may make a decision under section 90(1)(b) if— it appears to the director that the complaint may yet be able to be resolved by the parties and the commission (for example, by mediation); or it is unclear to the director, from information available to him or her, in relation to the complaint, whether a party has failed to observe the terms of a settlement reached on a previous occasion. the director may make a decision under section 90(1)(c) or (2) if it appears to him or her that a settlement has not been reached and that no action or further action by the commission is likely to facilitate a settlement. 92. matters director to have regard to in deciding whether to provide representation in proceedings before tribunal or in related proceedings in deciding under section 90(1)(a) or (c) or section 90(2) whether, and to what extent, to provide representation for a complainant, aggrieved person, group of persons, party to a settlement of a complaint, or the commission, the director— must have regard to the matters stated in subsection (2): may have regard to any other matter that the director considers relevant. the matters referred to in subsection (1)(a) are— whether the complaint raises a significant question of law: whether resolution of the complaint would affect a large number of people (for example, because the proceedings would be brought by or affect a large group of persons): the level of harm involved in the matters that are the subject of the complaint: whether the proceedings in question are likely to be successful: whether the remedies available through proceedings of that kind are likely to suit the particular case: whether there is likely to be any conflict of interest in the provision by the director of representation to any person described in subsection (1): whether the provision of representation is an effective use of resources: whether or not it would be in the public interest to provide representation. 92a. director to notify and report on decisions on representation promptly after making a decision under section 90(1)(a) or (c), the director must notify the complainant, aggrieved person, group of persons, or party seeking to enforce a settlement reached on a previous occasion— of the terms of the decision; and if the director has decided not to provide representation for the complainant, aggrieved person, class of persons, or party seeking to enforce a settlement, of the reasons for the decision. promptly after making a decision under section 90(2), the director must notify the commission— of the terms of the decision; and of the reasons for the decision. if the director decides to provide representation to the commission in proceedings in which the commission is entitled to be heard under section 92h, but subsequently concludes that there is, or may be, a conflict of interest in the provision, or continued provision, of legal representation by the director to both the complainant and the commission, the director must— cease to provide representation to the commission; and promptly advise the commission of the director’s decision. the director must report to the minister, at least once each year and without referring to identifiable individuals concerned, on the director’s decisions under section 90(1)(a) and (c), and, as soon as practicable, the minister must present a copy of the report to the house of representatives. subpart 1. proceedings 92b. civil proceedings arising from complaints if a complaint referred to in section 76(2)(a) has been made, the complainant, the person aggrieved (if not the complainant), or the commission may bring civil proceedings before the human rights review tribunal— for a breach of part 1a (other than a breach of part 1a that is an enactment, or an act or omission authorised or required by an enactment or otherwise by law), against the person or persons alleged to be responsible for the breach: for a breach of part 1a that is an enactment, or an act or omission authorised or required by an enactment or otherwise by law, against the attorney-general, or against a person or body referred to in section 3(b) of the new zealand bill of rights act 1990 alleged to be responsible for the breach: for a breach of part 2, against the person or persons alleged to be responsible for the breach. if a complaint under section 76(2)(a) relates to a discriminatory practice alleged to be in breach of part 1a or part 2 and to affect a class of persons, proceedings under subsection (1) may be brought by the commission on behalf of the class of persons affected. a person against whom a complaint referred to in section 76(2)(a) has been made may bring civil proceedings before the tribunal in relation to the complaint if no proceedings in relation to the complaint have been brought under subsection (1) by, or on behalf of, the complainant or person aggrieved or a class of persons. if parties to a complaint under section 76(2)(a) have reached a settlement of the complaint (whether through mediation or otherwise) but one of them is failing to observe a term of the settlement, another of them may bring proceedings before the tribunal to enforce the settlement. the rights given by subsections (1), (3), and (4) are not limited or affected just because the commission or a mediator at a dispute resolution meeting or the director is taking any action in relation to the complaint concerned. despite subsection (2), the commission may bring proceedings under subsection (1) only if— the complainant or person aggrieved (if not the complainant) has not brought proceedings; and the commission has obtained the agreement of that person before bringing the proceedings; and it considers that bringing the proceedings will facilitate the performance of its functions stated in section 5(2)(a). despite subsections (1) to (6), no proceedings may be brought under this section in respect of a complaint or relevant part of a complaint to which section 79(3) applies. 92ba. lodging of applications proceedings before the tribunal are to be commenced by the lodging of an application in the prescribed form. 92c. representation in civil proceedings arising from complaints a party to proceedings before the tribunal or related proceedings may appear and be heard— in person, or by a barrister or solicitor provided by the person; or by a barrister or solicitor provided by the director if, and to the extent that, the director has decided, under section 90(1)(a) or (c) or (2), to provide representation for the party in the proceedings. the tribunal may, on an application for the purpose by any person, give directions as to the representation, in proceedings before it, of a plaintiff of a kind referred to in section 92n(1) to (3) or of any other party to the proceedings who may be able to bring, take part in, or defend the proceedings, only through a representative. the office of human rights proceedings must pay all costs of representation provided— by the director for a complainant, aggrieved person, group of persons, or party to a settlement of a complaint; and in accordance with a decision of the director under section 90(1)(a) or (c). the office of human rights proceedings must pay any award of costs made against a person in proceedings for which representation is provided for that person by the director. any award of costs made in favour of a person in proceedings for which representation is provided for that person by the director must be paid to the office of human rights proceedings. nothing in this act limits or affects the entitlement to legal aid (if any) of a party in respect of proceedings or intended proceedings (whether or not representation for the party in the proceedings may, or is to be, is being, or has been, provided in accordance with a decision of the director under section 90(1)(a) or (c)). 92d. tribunal may refer complaint back to commission, or adjourn proceedings to seek resolution by settlement when proceedings under section 92b are brought, the tribunal— must (whether through a member or officer) first consider whether an attempt has been made to resolve the complaint (whether through mediation or otherwise); and must refer the complaint under section 76(2)(a) to which the proceedings relate back to the commission unless the tribunal is satisfied that attempts at resolution, or further attempts at resolution, of the complaint by the parties and the commission— will not contribute constructively to resolving the complaint; or will not, in the circumstances, be in the public interest; or will undermine the urgent or interim nature of the proceedings. the tribunal may, at any time before, during, or after the hearing of proceedings, refer a complaint under section 76(2)(a) back to the commission if it appears to the tribunal, from what is known to it about the complaint, that the complaint may yet be able to be resolved by the parties and the commission (for example, by mediation). the tribunal may, instead of exercising the power conferred by subsection (2), adjourn any proceedings relating to a complaint under section 76(2)(a) for a specified period if it appears to the tribunal, from what is known about the complaint, that the complaint may yet be able to be resolved by the parties. 92e. civil proceedings arising from inquiry by commission if the commission considers that an inquiry by it under section 5(2)(h) has disclosed or may have disclosed a breach of a kind referred to in any of paragraphs (a) to (c), it may bring civil proceedings before the tribunal,— for a breach of part 1a (other than a breach of part 1a that is an enactment, or an act or omission authorised or required by an enactment or otherwise by law), against the person or persons alleged to be responsible for the breach: for a breach of part 1a that is an enactment, or an act or omission authorised or required by an enactment or otherwise by law, against the attorney-general, or against a person or body referred to in section 3(b) of the new zealand bill of rights act 1990 alleged to be responsible for the breach: for a breach of part 2, against the person or persons alleged to be responsible for the breach. the commission may exercise the right in subsection (1) only if it considers that the exercise of the right will facilitate the performance of its functions stated in section 5(2)(a). this section does not limit section 6 or section 92h or section 97. 92f. proof of justified limits and exceptions the onus of proving, in any proceedings under this part, that an act or omission is, under section 5 of the new zealand bill of rights act 1990, a justified limit on the right to freedom from discrimination affirmed by section 19 of the new zealand bill of rights act 1990 lies on the defendant. the onus of proving, in any proceedings under this part, that conduct is, under any provision of part 2, excepted from conduct that is unlawful under any provision of part 2 lies on the defendant. 92g. right of attorney-general to appear in civil proceedings the attorney-general may appear and be heard, in person or by a barrister or solicitor,— in proceedings before the human rights review tribunal alleging a breach of part 1a, or alleging a breach of part 2 by a person or body referred to in section 3 of the new zealand bill of rights act 1990: in proceedings in any of the following courts in relation to proceedings of a kind referred to in paragraph (a) that are or have been before the human rights review tribunal: a district court: the high court: the court of appeal: the supreme court. the right to appear and be heard given by subsection (1) may be exercised whether or not the attorney-general is or was a party to the proceedings before the human rights review tribunal. if, under subsection (1), the attorney-general appears in any proceedings of a kind described in that subsection, he or she has, unless those proceedings are by way of appeal, the right to adduce evidence and the right to cross-examine witnesses. 92h. right of commission to appear in civil proceedings the commission may appear and be heard, in person or by a barrister or solicitor,— in proceedings before the human rights review tribunal; and in proceedings in any of the following courts in relation to proceedings that are or have been before the human rights review tribunal: a district court: the high court: the court of appeal: the supreme court. the right to appear and be heard given by subsection (1) may be exercised— whether or not the commission is or was a party to the proceedings before the human rights review tribunal; but only if the commission considers that the exercise of the right will facilitate the performance of its functions stated in section 5(2)(a). if, under subsection (1), the commission appears in any proceedings of a kind described in that subsection, it has, unless those proceedings are by way of appeal, the right to adduce evidence and the right to cross-examine witnesses. this section is not limited by section 92b or section 92e or section 97. subpart 2. remedies 92i. remedies this section is subject to sections 92j and 92k (which relate to the only remedy that may be granted by the tribunal if it finds that an enactment is in breach of part 1a). in proceedings before the human rights review tribunal brought under section 92b(1) or (4) or section 92e, the plaintiff may seek any of the remedies described in subsection (3) that the plaintiff thinks fit. if, in proceedings referred to in subsection (2), the tribunal is satisfied on the balance of probabilities that the defendant has committed a breach of part 1a or part 2 or the terms of a settlement of a complaint, the tribunal may grant 1 or more of the following remedies: a declaration that the defendant has committed a breach of part 1a or part 2 or the terms of a settlement of a complaint: an order restraining the defendant from continuing or repeating the breach, or from engaging in, or causing or permitting others to engage in, conduct of the same kind as that constituting the breach, or conduct of any similar kind specified in the order: damages in accordance with sections 92m to 92o: an order that the defendant perform any acts specified in the order with a view to redressing any loss or damage suffered by the complainant or, as the case may be, the aggrieved person as a result of the breach: a declaration that any contract entered into or performed in contravention of any provision of part 1a or part 2 is an illegal contract: an order that the defendant undertake any specified training or any other programme, or implement any specified policy or programme, in order to assist or enable the defendant to comply with the provisions of this act: relief in accordance with the illegal contracts act 1970 in respect of any such contract to which the defendant and the complainant or, as the case may be, the aggrieved person are parties: any other relief the tribunal thinks fit. it is no defence to proceedings referred to in subsection (2) or subsection (5) that the breach was unintentional or without negligence on the part of the party against whom the complaint was made, but, subject to section 92p, the tribunal must take the conduct of the parties into account in deciding what, if any, remedy to grant. in proceedings before the human rights review tribunal brought, under section 92b(3), by the person against whom a complaint was made, that person may seek a declaration that he or she has not committed a breach of part 1a or part 2. 92j. remedy for enactments in breach of part 1a if, in proceedings before the human rights review tribunal, the tribunal finds that an enactment is in breach of part 1a, the only remedy that the tribunal may grant is the declaration referred to in subsection (2). the declaration that may be granted by the tribunal, if subsection (1) applies, is a declaration that the enactment that is the subject of the finding is inconsistent with the right to freedom from discrimination affirmed by section 19 of the new zealand bill of rights act 1990. the tribunal may not grant a declaration under subsection (2) unless that decision has the support of all or a majority of the members of the tribunal. nothing in this section affects the new zealand bill of rights act 1990. 92k. effect of declaration a declaration under section 92j does not— affect the validity, application, or enforcement of the enactment in respect of which it is given; or prevent the continuation of the act, omission, policy, or activity that was the subject of the complaint. if a declaration is made under section 92j and that declaration is not overturned on appeal or the time for lodging an appeal expires, the minister for the time being responsible for the administration of the enactment must present to the house of representatives— a report bringing the declaration to the attention of the house of representatives; and a report containing advice on the government’s response to the declaration. the minister referred to in subsection (2) must carry out the duties imposed on the minister by that subsection within 120 days of the date of disposal of all appeals against the granting of the declaration or, if no appeal is lodged, the date when the time for lodging an appeal expires. 92l. costs in any proceedings under section 92b or section 92e or section 97, the tribunal may make any award as to costs that it thinks fit, whether or not it grants any other remedy. without limiting the matters that the tribunal may consider in determining whether to make an award of costs under this section, the tribunal may take into account whether, and to what extent, any party to the proceedings— has participated in good faith in the process of information gathering by the commission: has facilitated or obstructed that information-gathering process: has acted in a manner that facilitated the resolution of the issues that were the subject of the proceedings. 92m. damages in any proceedings under section 92b(1) or (4) or section 92e, the tribunal may award damages against the defendant for a breach of part 1a or part 2 or the terms of a settlement of a complaint in respect of any 1 or more of the following: pecuniary loss suffered as a result of, and expenses reasonably incurred by the complainant or, as the case may be, the aggrieved person for the purpose of, the transaction or activity out of which the breach arose: loss of any benefit, whether or not of a monetary kind, that the complainant or, as the case may be, the aggrieved person might reasonably have been expected to obtain but for the breach: humiliation, loss of dignity, and injury to the feelings of the complainant or, as the case may be, the aggrieved person. this section applies subject to sections 92j, 92n, and 92o and to subpart 1 of part 2 of the prisoners’ and victims’ claims act 2005. 92n. directions as to payment of damages in certain cases if the plaintiff is a minor who is not married or in a civil union, the tribunal may, in its discretion, direct the defendant to pay damages awarded under section 92m to public trust or to a person or trustee corporation acting as the manager of any property of the plaintiff. if the plaintiff is a mentally disordered person within the meaning of section 2(1) of the mental health (compulsory assessment and treatment) act 1992 whose property is not being managed under the protection of personal and property rights act 1988, but who lacks, in the opinion of the tribunal, the mental capacity to manage his or her own affairs in relation to his or her own property, the tribunal may, in its discretion, direct the defendant to pay damages awarded under section 92m to public trust. if the plaintiff is a person whose property is being managed under the protection of personal and property rights act 1988, the tribunal must ascertain whether the terms of the property order cover management of money received as damages and,— if damages fall within the terms of the property order, the tribunal must direct the defendant to pay damages awarded under section 92m to the person or trustee corporation acting as the property manager; or if damages do not fall within the terms of the property order, the tribunal may, in its discretion, direct the defendant to pay damages awarded under section 92m to public trust. if money is paid to public trust under any of subsections (1) to (3),— section 12 of the minors’ contracts act 1969 applies in the case of a minor who is not married or in a civil union; and sections 108d, 108f, and 108g of the protection of personal and property rights act 1988 apply, with any necessary modifications, in the case of a person referred to in subsection (2) or subsection (3)(b); and section 108e of the protection of personal and property rights act 1988 applies, with any necessary modifications, in the case of a person referred to in subsection (3)(a). 92o. tribunal may defer or modify remedies for breach of part 1a or part 2 or terms of settlement if, in any proceedings under this part, the tribunal determines that an act or omission is in breach of part 1a or part 2 or the terms of a settlement of a complaint, it may, on the application of any party to the proceedings, take 1 or more of the actions stated in subsection (2). the actions are,— instead of, or as well as, awarding damages or granting any other remedy,— to specify a period during which the defendant must remedy the breach; and to adjourn the proceedings to a specified date to enable further consideration of the remedies or further remedies (if any) to be granted: to refuse to grant any remedy that has retrospective effect: to refuse to grant any remedy in respect of an act or omission that occurred before the bringing of proceedings or the date of the determination of the tribunal or any other date specified by the tribunal: to provide that any remedy granted has effect only prospectively or only from a date specified by the tribunal: to provide that the retrospective effect of any remedy is limited in a way specified by the tribunal. 92p. matters to be taken into account in exercising powers given by section 92o in determining whether to take 1 or more of the actions referred to in section 92o, the tribunal must take account of the following matters: whether or not the defendant in the proceedings has acted in good faith: whether or not the interests of any person or body not represented in the proceedings would be adversely affected if 1 or more of the actions referred to in section 92o is, or is not, taken: whether or not the proceedings involve a significant issue that has not previously been considered by the tribunal: the social and financial implications of granting any remedy sought by the plaintiff: the significance of the loss or harm suffered by any person as a result of the breach of part 1a or part 2 or the terms of a settlement of a complaint: the public interest generally: any other matter that the tribunal considers relevant. if the tribunal finds that an act or omission is in breach of part 1a or that an act or omission by a person or body referred to in section 3 of the new zealand bill of rights act 1990 is in breach of part 2, in determining whether to take 1 or more of the actions referred to in section 92o, the tribunal must, in addition to the matters specified in subsection (1), take account of— the requirements of fair public administration; and the obligation of the government to balance competing demands for the expenditure of public money. subpart 3. monetary limits on remedies tribunal may grant 92q. monetary limits on remedies tribunal may grant proceedings under section 92b or section 92e may be brought before the human rights review tribunal irrespective of the amount of damages claimed or the value of the property in respect of which any remedy is sought. however, except as provided in sections 92r to 92v, the tribunal must not award any damages or grant any remedy in any proceedings of that kind if the making of that award or the granting of that remedy would, because of the monetary limits contained in sections 29 to 34 of the district courts act 1947, be beyond the jurisdiction of a district court. for the purposes of subsection (2), if civil proceedings under section 92b are brought on behalf of more than 1 complainant or, as the case may be, more than 1 aggrieved person, those proceedings must, for the purpose of applying any monetary limit under subsection (2), be treated as if each complainant or, as the case may be, each aggrieved person on whose behalf those proceedings are brought, were the plaintiff in a separate action against the defendant. subpart 4. granting of remedies by high court on reference from tribunal 92r. tribunal to refer granting of remedies to high court the human rights review tribunal must refer the granting of a remedy in any proceedings under section 92b or section 92e to the high court if the tribunal is satisfied on the balance of probabilities that a defendant in the proceedings has committed a breach of part 1a or part 2 or the terms of a settlement of a complaint, but that— the granting of the appropriate remedy under section 92i would be outside the limits imposed by section 92q; or that the granting of a remedy in those proceedings would be better dealt with by the high court. 92s. further provisions on reference to high court a reference under section 92r is made by sending, to the registrar of the high court nearest to where the proceedings were commenced, a report on the proceedings that— sets out the tribunal’s finding with regard to the breach of part 1a or part 2 or the terms of a settlement of a complaint; and includes, or is accompanied by, a statement of the considerations to which the tribunal has had regard in making the reference to that court. a copy of the report must be given or sent promptly to every party to the proceedings. except as provided in this act, the procedure for a reference under section 92r is the same as the procedure prescribed by rules of court in respect of appeals, and those rules apply with all necessary modifications. 92t. high court decides remedies on reference from tribunal this section applies where the granting of a remedy in any proceedings under section 92b or section 92e is referred to the high court under section 92r. the high court may direct the tribunal to amplify any report made under section 92s(1). every person who, under section 92s(2), is given or sent a copy of a report under section 92s(1) is entitled to be heard and to tender in the high court evidence as to the remedy (if any) to be granted on the basis of the tribunal’s finding that the defendant has committed a breach of part 1a or part 2 or the terms of a settlement of a complaint. however, no person referred to in subsection (3) may, on the reference under section 92r, challenge the finding of the tribunal referred to in subsection (3). the high court must decide, on the basis of the tribunal’s finding that the defendant has committed a breach of part 1a or part 2, whether 1 or more of the remedies set out in section 92i or the remedy set out in section 92j is to be granted. 92u. high court’s decision on remedies to be included in, and given effect to as part of, tribunal’s determination every decision of the high court under section 92t(5)— must be remitted to the tribunal for inclusion in its determination with regard to the proceedings; and has effect as part of that determination despite the limits imposed by section 92q. nothing in subsection (1)— limits sections 123 to 125; or prevents the making of an appeal in accordance with section 123 in respect of a determination of the tribunal in which a decision of the high court is included in accordance with subsection (1)(a). subpart 5. abandonment or agreement to bring claim within tribunal’s jurisdiction 92v. abandonment to enable tribunal to make award of damages this section applies where the tribunal would have jurisdiction in any proceedings under section 92b or section 92e to make an award of damages in accordance with section 92m if the amount of the award were within the limit for the time being fixed by section 29(1) of the district courts act 1947 (as applied by section 92q(2)). the tribunal may make an award within that limit if the plaintiff abandons the excess. an award of damages in those proceedings in accordance with section 92m operates to discharge from liability in respect of the amount abandoned in that way any person against whom the proceedings are brought and the subsequent award is made. this section overrides sections 92q to 92u. 92w. extension of jurisdiction by agreement between parties if, in any proceedings under section 92b or section 92e, only section 92q prevents the tribunal from granting any 1 or more of the remedies stated in section 92i, and the parties to the proceedings, by memorandum signed by them or their respective solicitors or agents, agree that the tribunal is to have jurisdiction to grant any 1 or more of those remedies irrespective of section 92q, the tribunal has jurisdiction to grant 1 or more of those remedies accordingly. this section overrides sections 92q to 92u. part 4. human rights review tribunal 93. human rights review tribunal the tribunal constituted by section 45 of the human rights commission act 1977 and, immediately before 1 january 2002 (being the date of the commencement of the human rights amendment act 2001), known as the complaints review tribunal shall continue in being, and, on and after 1 january 2002, is called the human rights review tribunal. subpart 1. functions and powers of tribunal 94. functions of tribunal the functions of the tribunal shall be— to consider and adjudicate upon proceedings brought pursuant to sections 92b, 92e, 95, and 97: to exercise and perform such other functions, powers, and duties as are conferred or imposed on it by or under this act or any other enactment. 95. power to make interim order in respect of any matter in which the tribunal has jurisdiction under this act to make any final determination, the chairperson of the tribunal shall have power to make an interim order if he or she is satisfied that it is necessary in the interests of justice to make the order to preserve the position of the parties pending a final determination of the proceedings. an application for an interim order may be made,— in the case of proceedings under section 92b(1), (2), (3), or (4), by the person or body bringing the proceedings; and in the case of proceedings under section 92e, by the commission. a copy of the application shall be served on the defendant who shall be entitled to be heard before a decision on the application is made. 96. review of interim orders where an interim order has been made, the defendant may, with the leave of the tribunal and instead of appealing against the order, apply to the high court to vary or rescind the order unless that order was made with the defendant’s consent. 97. power in respect of exception for genuine occupational qualification or genuine justification the tribunal may exercise the power referred to in subsection (2), but only— in respect of a matter in which it has jurisdiction under this act to make a final determination; and on an application by the commission, a person or persons against whom a complaint under section 76(2)(a) has been made, or a person who is the subject of an inquiry under section 5(2)(h). the power is to declare that an act, omission, practice, requirement, or condition that would otherwise be unlawful under part 2 is not unlawful because it constitutes either or both— a genuine occupational qualification, in respect of sections 22 to 41: a genuine justification, in respect of sections 42 to 60. subpart 2. constitution of tribunal 98. membership of tribunal the tribunal shall consist of— a chairperson; and 2 other persons appointed by the chairperson for the purposes of each hearing from a panel maintained by the minister under section 101. 99. chairpersons of tribunal every chairperson of the tribunal shall be appointed by the governor-general on the recommendation of the minister. where the governor-general on the recommendation of the minister considers it necessary, the governor-general may appoint 2 persons to the office of chairperson of the tribunal. where there are 2 chairpersons of the tribunal, each chairperson shall exercise principally those parts of the tribunal’s jurisdiction that are specified from time to time in his or her warrant of appointment but nothing shall prevent each chairperson from exercising any other part of the tribunal’s jurisdiction. where a second chairperson of the tribunal is appointed, a new warrant of appointment may be issued to the existing chairperson specifying the parts of the tribunal’s jurisdiction that the existing chairperson is principally to exercise. in this part, a reference to the chairperson or the chairperson of the tribunal shall be read as a reference to either chairperson where there are 2 chairpersons of the tribunal. 99a. criteria and requirement for appointment of chairpersons in recommending a person for appointment as a chairperson of the tribunal, the minister must have regard not only to the matters stated in section 101(2) but also to the person’s— experience in dispute resolution: experience as a chairperson and in other leadership roles: ability to perform the functions of a chairperson of the tribunal. every person appointed as a chairperson of the tribunal must be a barrister or solicitor of the high court of not less than 5 years’ practice. 100. appointment and term of office [repealed] except as otherwise provided in section 103, every person appointed as a chairperson of the tribunal shall hold office for such term, not exceeding 5 years, as the governor-general on the recommendation of the minister shall specify in the instrument appointing that chairperson. any person appointed as a chairperson may hold that office concurrently with any other office held by him or her and may from time to time be reappointed. where the term for which a chairperson has been appointed expires, that chairperson, unless sooner vacating or removed from office under section 103, shall continue to hold office, by virtue of the appointment for the term that has expired, until— that chairperson is reappointed; or a successor to that chairperson is appointed; or that chairperson is informed in writing by the minister that that chairperson is not to be reappointed and that a successor to that chairperson is not to be appointed. 101. panel the minister shall maintain a panel of not more than 20 persons who may be appointed pursuant to section 98. in considering the suitability of persons for inclusion on the panel, the minister must have regard to the need for persons included on the panel to have between them knowledge of, or experience in,— different aspects of matters likely to come before the tribunal: new zealand law, or the law of another country, or international law, on human rights: public administration, or the law relating to public administration: current economic, employment, or social issues: cultural issues and the needs and aspirations (including life experiences) of different communities of interest and population groups in new zealand society. at least 3 members of the panel must be barristers or solicitors of the high court of not less than 5 years’ practice. the name of a person shall be removed from the panel if— the person dies or is, under the insolvency act 2006, adjudged bankrupt; or the minister directs that the name of the person be removed from the panel for disability affecting performance of duty, neglect of duty, or misconduct, proved to the satisfaction of the minister; or a period of 5 years has elapsed since the date on which the minister last approved the entry of the person’s name; or the person requests by writing addressed to the minister that his or her name be removed. where subsection (3)(c) or subsection (3)(d) applies, the name of the person shall not be removed from the panel until any hearings in respect of which that person was appointed to the tribunal have concluded. 102. deputy chairperson in any case in which a chairperson of the tribunal becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if a chairperson deems it not proper or desirable that he or she should adjudicate on any specified matter, the governor-general, on the recommendation of the minister, may appoint a suitable person to be the deputy of that chairperson to act for that chairperson for the period or purpose stated in the appointment. no person shall be appointed as a deputy chairperson unless he or she is eligible for appointment as a chairperson. every deputy chairperson appointed under this section shall, while acting for a chairperson, be deemed to be a chairperson of the tribunal. no appointment of a deputy chairperson, and no act done by a deputy chairperson as such, and no act done by the tribunal while he or she is acting as such, shall in any proceedings be questioned on the ground that the occasion for the appointment had not arisen or had ceased. 103. vacation of office by chairperson and deputy chairperson a chairperson and any deputy chairperson of the tribunal may at any time resign his or her office by delivering a notice in writing to that effect to the minister. a chairperson and any deputy chairperson of the tribunal shall be deemed to have vacated his or her office if he or she dies or is, under the insolvency act 2006, adjudged bankrupt. a chairperson and any deputy chairperson of the tribunal may at any time be removed from office by the governor-general for disability affecting performance of duty, neglect of duty, or misconduct, proved to the satisfaction of the governor-general. subpart 3. procedure of tribunal 104. sittings of tribunal sittings of the tribunal shall be held at such times and places as the tribunal or chairperson from time to time appoints. any sitting may be adjourned from time to time and from place to place by the tribunal or a chairperson or by the secretary to the tribunal. no sitting of the tribunal shall take place unless all the members are present, but the decision of a majority of the members shall be the decision of the tribunal. a chairperson shall preside at all sittings of the tribunal. subject to the provisions of this act and of any regulations made under this act, the tribunal may regulate its procedure in such manner as the tribunal thinks fit and may prescribe or approve forms for the purposes of this act. 105. substantial merits the tribunal must act according to the substantial merits of the case, without regard to technicalities. in exercising its powers and functions, the tribunal must act— in accordance with the principles of natural justice; and in a manner that is fair and reasonable; and according to equity and good conscience. 106. evidence in proceedings before tribunal the tribunal may— call for evidence and information from the parties or any other person: request or require the parties or any other person to attend the proceedings to give evidence: fully examine any witness: receive as evidence any statement, document, information, or matter that may, in its opinion, assist to deal effectively with the matter before it, whether or not it would be admissible in a court of law. the tribunal may take evidence on oath, and for that purpose any member or officer of the tribunal may administer an oath. the tribunal may permit a person appearing as a witness before it to give evidence by tendering a written statement and, if the tribunal thinks fit, verifying it by oath. subject to subsections (1) to (3), the evidence act 2006 shall apply to the tribunal in the same manner as if the tribunal were a court within the meaning of that act. 107. sittings to be held in public except in special circumstances except as provided by subsections (2) and (3), every hearing of the tribunal shall be held in public. the tribunal may deliberate in private as to its decision in any matter or as to any question arising in the course of any proceedings before it. where the tribunal is satisfied that it is desirable to do so, the tribunal may, of its own motion or on the application of any party to the proceedings,— order that any hearing held by it be heard in private, either as to the whole or any portion thereof: make an order prohibiting the publication of any report or account of the evidence or other proceedings in any proceedings before it (whether heard in public or in private) either as to the whole or any portion thereof: make an order prohibiting the publication of the whole or part of any books or documents produced at any hearing of the tribunal. every person commits an offence and is liable on conviction to a fine not exceeding $3,000 who acts in contravention of any order made by the tribunal under subsection (3)(b) or subsection (3)(c). 108. persons entitled to be heard any person who is a party to the proceedings before the tribunal, and any person who satisfies the tribunal that he or she has an interest in the proceedings greater than the public generally, may appear and may call evidence on any matter that should be taken into account in determining the proceedings. if any person who is not a party to the proceedings before the tribunal wishes to appear, the person must give notice to the tribunal and to every party before appearing. a person who has a right to appear or is allowed to appear before the tribunal may appear in person or be represented by his or her counsel or agent. 108a. tribunal to give notice of proceedings the tribunal must notify the attorney-general promptly of the bringing of proceedings before the tribunal alleging a breach of part 1a, or alleging a breach of part 2 by a person or body referred to in section 3 of the new zealand bill of rights act 1990, if the attorney-general is not a party to the proceedings. 108b. submissions in relation to remedies before the tribunal grants any remedy under part 3, it must give the parties to the proceedings and, if the remedy under consideration is a declaration under section 92j, the attorney-general, an opportunity to make submissions on— the implications of granting that remedy; and the appropriateness of that remedy. subsection (1) does not limit any provision in part 3 or section 108. 109. witness summons the tribunal may, if it considers it necessary, of its own motion, or on the application of any party to the proceedings, issue a witness summons to any person requiring that person to attend before the tribunal to give evidence at the hearing of the proceedings. the witness summons shall state— the place where the person is to attend; and the date and time when the person is to attend; and the papers, documents, records, or things which that person is required to bring and produce to the tribunal; and the entitlement to be tendered or paid a sum in respect of allowances and travelling expenses; and the penalty for failing to attend. the power to issue a witness summons may be exercised by the tribunal or a chairperson, or by any officer of the tribunal purporting to act by the direction or with the authority of the tribunal or a chairperson. 110. service of summons a witness summons may be served— by delivering it personally to the person summoned; or by posting it by registered letter addressed to the person summoned at that person’s usual place of residence. the summons shall,— where it is served under subsection (1)(a), be served at least 24 hours before the attendance of the witness is required; or where it is served under subsection (1)(b), be served at least 10 days before the date on which the attendance of the witness is required. if the summons is posted by registered letter, it shall be deemed for the purposes of subsection (2)(b) to have been served at the time when the letter would be delivered in the ordinary course of post. 111. witnesses’ allowances every witness attending before the tribunal to give evidence pursuant to a summons shall be entitled to be paid witnesses’ fees, allowances, and travelling expenses according to the scales for the time being prescribed by regulations made under the criminal procedure act 2011, and those regulations shall apply accordingly. on each occasion on which the tribunal issues a summons under section 109(1), the tribunal, or the person exercising the power of the tribunal under subsection (3) of that section, shall fix an amount which, on the service of the summons, or at some other reasonable time before the date on which the witness is required to attend, shall be paid or tendered to the witness. the amount fixed under subsection (2) shall be the estimated amount of the allowances and travelling expenses to which, in the opinion of the tribunal or person, the witness will be entitled according to the prescribed scales if the witness attends at the time and place specified in the summons. where a party to the proceedings has requested the issue of the witness summons, the fees, allowances, and travelling expenses payable to the witness shall be paid by that party. where the tribunal has of its own motion issued the witness summons, the tribunal may direct that the amount of those fees, allowances, and travelling expenses— form part of the costs of the proceedings; or be paid from money appropriated by parliament for the purpose. 112. privileges and immunities witnesses and counsel appearing before the tribunal shall have the same privileges and immunities as witnesses and counsel have in proceedings in a district court. 113. non-attendance or refusal to co-operate every person commits an offence who, after being summoned to attend to give evidence before the tribunal or to produce to the tribunal any papers, documents, records, or things, without sufficient cause,— fails to attend in accordance with the summons; or refuses to be sworn or to give evidence, or, having been sworn, refuses to answer any question that the person is lawfully required by the tribunal or any member of it to answer concerning the proceedings; or fails to produce any such paper, document, record, or thing. every person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $1,500. no person summoned to attend before a tribunal shall be convicted of an offence against subsection (1) unless there was tendered or paid to that person travelling expenses in accordance with section 111. 114. power to commit for contempt if any person— assaults, threatens, or intimidates, or intentionally insults, the tribunal or any member of it or any special adviser to or officer of the tribunal, during a sitting of the tribunal, or in going to, or returning from, any sitting; or intentionally interrupts the proceedings of the tribunal or otherwise misbehaves while the tribunal is sitting; or intentionally and without lawful excuse disobeys an order or direction of a member of the tribunal in the course of any proceedings before the tribunal,— any officer of the tribunal, with or without the assistance of any constable or other person, may, in accordance with any order given by a member of the tribunal, take the person into custody and detain him or her for a period expiring not later than 1 hour following the rising of the tribunal, and the chairperson may, if he or she thinks fit, by warrant under his or her hand, commit the person to prison for any period not exceeding 10 days or impose a fine not exceeding $1,500. a warrant under subsection (1) may be filed in any district court and shall then be enforceable as an order made by that court. 115. tribunal may dismiss trivial, etc, proceedings the tribunal may at any time dismiss any proceedings brought under section 92b or section 92e if it is satisfied that they are trivial, frivolous, or vexatious or are not brought in good faith. 116. reasons to be given this section applies to the following decisions of the tribunal: a decision to grant 1 or more of the remedies described in section 92i or the remedy described in section 92j or an order under section 95: a decision to make a declaration under section 97: a decision to dismiss proceedings brought under section 92b or section 92e or section 95 or section 97. every decision to which this section applies must be in writing and must show the tribunal’s reasons for the decision, including— relevant findings of fact; and explanations and findings on relevant issues of law; and conclusions on matters or issues it considers require determination in order to dispose of the matter. the tribunal must notify the parties, the attorney-general, and the human rights commission of every decision of the tribunal. 117. seal of tribunal the tribunal shall have a seal, which shall be judicially noticed in all courts and for all purposes. 118. members of tribunal not personally liable no member of the tribunal shall be personally liable for any act done or omitted to be done by the tribunal or any member thereof in good faith in pursuance or intended pursuance of the functions, duties, powers, or authorities of the tribunal. 119. fees of members of tribunal a member of the tribunal is entitled— to receive remuneration not within paragraph (b) for services as a member at a rate and of a kind determined by the minister in accordance with the fees framework; and in accordance with the fees framework, to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a member. for the purposes of subsection (1), fees framework means the framework determined by the government from time to time for the classification and remuneration of statutory and other bodies in which the crown has an interest. 120. services for tribunal the ministry of justice shall furnish such secretarial, recording, and clerical services as may be necessary to enable the tribunal to discharge its functions. the cost of any services provided by the ministry of justice pursuant to this section shall be paid from public money appropriated by parliament for the purpose. 121. enforcement the following orders made by the tribunal may, on registration of a certified copy in the district court, be enforced in all respects as if they were an order of that court: an order for the award of costs under section 92l; and an order for the award of damages under section 92m; and an interim order under section 95. every person commits an offence and is liable on conviction to a fine not exceeding $5,000 who contravenes or refuses to comply with any other order of the tribunal made under section 92i or an interim order of the tribunal made under section 95. 122. stating case for high court the tribunal may, at any time, before or during the hearing or before delivering its decision, on the application of any party to the proceedings or of its own motion, state a case for the opinion of the high court on any question of law arising in any proceedings before the tribunal. if, in any proceedings before the tribunal, the validity of any regulation is questioned, the tribunal must, unless it considers that there is no arguable case in support of the contention that the regulation is invalid, either— state a case for the opinion of the high court on the relevant question or questions of law; or if the leave of the high court is obtained, order, under section 122a(1), that the proceedings before it or the relevant matter or matters at issue be removed to the high court for determination. the tribunal shall give notice to the parties to the proceedings of the tribunal’s intention to state a case under this section, specifying the registry of the high court in which the case is to be filed. except where the tribunal intends to state the case of its own motion, the question shall be in the form of a special case drawn up by the parties to the proceedings, and, if the parties do not agree, to be settled by the tribunal. where the tribunal intends to state the case of its own motion, it shall itself state and sign a case setting forth the facts and questions of law arising for the determination of the high court. the high court shall hear and determine any question submitted to it under this section, and shall remit the case with its opinion to the tribunal. 122a. removal to high court of proceedings or issue the tribunal may, with the leave of the high court, order that proceedings before it under this act, or a matter at issue in them, be removed to the high court for determination. the tribunal may make an order under this section, with the leave of the high court, before or during the hearing, and either on the application of a party to the proceedings or on its own initiative, but only if— an important question of law is likely to arise in the proceedings or matter other than incidentally; or the validity of any regulation is questioned in proceedings before the tribunal (whether on the ground that it authorises or requires unjustifiable discrimination in circumstances where the statutory provision purportedly empowering the making of the regulation does not authorise the making of a regulation authorising or requiring unjustified discrimination, or otherwise); or the nature and the urgency of the proceedings or matter mean that it is in the public interest that they or it be removed immediately to the high court; or the high court already has before it other proceedings, or other matters, that are between the same parties and involve issues that are the same as, or similar or related to, those raised by the proceedings or matter; or the tribunal is of the opinion that, in all the circumstances, the high court should determine the proceedings or matter. despite subsection (2), if the validity of any regulation is questioned in proceedings before the tribunal and the leave of the high court is obtained for the making of an order under this section, the tribunal must make an order under this section. if the tribunal declines to remove proceedings, or a matter at issue in them, to the high court (whether as a result of the refusal of the high court to grant leave or otherwise), the party applying for the removal may seek the special leave of the high court for an order of the high court that the proceedings or matter be removed to the high court and, in determining whether to grant an order of that kind, the high court must apply the criteria stated in subsection (2)(a) to (d). an order for removal to the high court under this section may be made subject to any conditions the tribunal or the high court, as the case may be, thinks fit. nothing in this section limits section 122. 122b. proceedings or issue removed to high court if the tribunal, acting under section 122a, orders the removal of proceedings, or a matter at issue in them, to the high court, unless section 122a(2)(b) applies the high court may, if it considers that the proceedings or matter ought instead to be determined by the tribunal, order that the tribunal determine the matter. if the tribunal, under section 122a, orders that proceedings, or a matter at issue in them, be removed to the high court, and the high court makes no order under subsection (1),— the high court must determine the proceedings or matter and may exercise any power that the tribunal could have exercised in, or in relation to, the proceedings or matter; and a party to the proceedings may, under section 124, appeal to the court of appeal against the determination of the high court on a question of law arising in the proceedings. 123. appeals to high court where any party is dissatisfied with any interim order made by the chairperson under section 95, that party may appeal to the high court against the whole or part of that order. a party to a proceeding under section 92b or section 92e may appeal to the high court against all or any part of a decision of the tribunal— dismissing the proceeding; or granting 1 or more of the remedies described in section 92i; or granting the remedy described in section 92j; or refusing to grant the remedy described in section 92j; or constituting a final determination of the tribunal in the proceeding. for the purposes of subsection (2)(d), the tribunal does not in a proceeding refuse to grant the remedy described in section 92j unless— a party to the proceeding expressly applies to the tribunal for the remedy in relation to a particular enactment; and the tribunal does not grant the remedy in relation to that enactment. where any party is dissatisfied with any decision of the tribunal making a declaration under section 97, that party may appeal to the high court against the whole or any part of that decision. every appeal under this section shall be made by giving notice of appeal within 30 days after the date of the giving by the tribunal in writing of the decision to which the appeal relates. in determining any appeal under this section the high court shall have the powers conferred on the tribunal by sections 105 and 106, and those sections shall apply accordingly with such modifications as are necessary. in its determination of any appeal, the court may— confirm, modify, or reverse the order or decision appealed against, or any part of that order or decision: exercise any of the powers that could have been exercised by the tribunal in the proceedings to which the appeal relates. notwithstanding anything in subsection (6), the court may in any case, instead of determining any appeal, refer to the tribunal, in accordance with the rules of court, for further consideration by the tribunal, the whole or any part of the matter to which the appeal relates. subject to the provisions of this act, the procedure in respect of any such appeal shall be in accordance with the rules of court. notice of appeal shall not operate as a stay of proceedings in respect of the decision to which the appeal relates unless the tribunal or the high court so orders. 124. appeal to court of appeal on a question of law any party to any proceedings before the high court under this act may, with the leave of the high court, appeal to the court of appeal against any determination of the high court on a question of law arising in those proceedings: provided that, if the high court refuses to grant leave to appeal to the court of appeal, the court of appeal may grant special leave to appeal. a party desiring to appeal to the court of appeal under this section shall, within 21 days after the determination of the high court, or within such further time as that court may allow, give notice of his or her application for leave to appeal in such manner as may be directed by the rules of that court, and the high court may grant leave accordingly if in the opinion of that court the question of law involved in the appeal is one which, by reason of its general or public importance or for any other reason, ought to be submitted to the court of appeal for decision. where the high court refuses leave to any party to appeal to the court of appeal under this section, that party may, within 21 days after the refusal of the high court or within such further time as the court of appeal may allow, apply to the court of appeal, in such manner as may be directed by the rules of that court, for special leave to appeal to that court, and the court of appeal may grant leave accordingly if, in the opinion of that court, the question of law involved in the appeal is one which, by reason of its general or public importance or for any other reason, ought to be submitted to the court of appeal for decision. on any appeal to the court of appeal under this section, the court of appeal shall have the same power to adjudicate on the proceedings as the high court had. the same judgment must be entered in the high court, and the same execution and other consequences and proceedings must follow on it, as if the decision of the court of appeal on an appeal under this section had been given in the high court. the decision of the court of appeal on any application to that court for leave to appeal shall be final. 125. costs of appeal the high court shall have power to make such order as to the whole or any part of the costs of an appeal under section 123 as may seem just but every order for costs shall follow the outcome of the appeal unless the court otherwise orders. 126. additional members of high court for purposes of act for the purpose of the exercise by the high court of its jurisdiction and powers— under section 92t; or under section 123 in respect of any appeal under section 123(2) or section 123(3) in which a question of fact is involved,— there shall be 2 additional members of the court who shall be persons appointed by a judge of the court for the purposes of the hearing or appeal from the panel maintained by the minister under section 101. before entering upon the exercise of the duties of their office, the additional members shall take an oath before a judge of the high court that they will faithfully and impartially perform the duties of their office. the presence of a judge of the high court and of at least 1 additional member shall be necessary to constitute a sitting of the court. the decision of a majority (including the judge, or, where more than 1 judge sits, including a majority of the judges) of the members present at a sitting of the court shall be the decision of the court. if the members present are equally divided in opinion, the decision of the judge, or of a majority of the judges, shall be the decision of the court. if any question before the court cannot be decided in accordance with subsection (4), the question shall be referred to the court of appeal for decision in accordance with the practice and procedure of that court, which for the purpose shall have all the powers of the court under this act. the decision of the court of appeal in any proceedings under this subsection shall be final and shall take effect and be entered as if it were a decision of the court under this act. an additional member is entitled— to receive remuneration not within paragraph (b) for services as a member at a rate and of a kind determined by the minister in accordance with the fees framework; and in accordance with the fees framework, to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a member. for the purposes of subsection (6), fees framework means the framework determined by the government from time to time for the classification and remuneration of statutory and other bodies in which the crown has an interest. part 5. powers in relation to inquiries 126a. evidence order any district court judge who is satisfied, on an application made by the commission in accordance with subsection (3), that any person can provide information, documents, or things, or give evidence, that will or may be relevant to a specified inquiry, may make an order— requiring that person to produce to the commission any information, or documents, or things specified in the order; or requiring that person to give evidence to the commission about matters that, in the opinion of the district court judge, are relevant to the inquiry. if an order is made under subsection (1)(a), the district court judge may, as a condition of the order, require the commission to reimburse the person who is the subject of the order for the actual and reasonable expenses incurred by that person in complying with the order or in producing any specified class of information, documents, or things. an application by the commission for an order under subsection (1) must be in writing and must— set out the reasons why the order is sought; and if an order is sought under subsection (1)(a), set out the information, documents, or things in respect of which the order is sought; and explain why the information, documents, things, or evidence in question will or may be relevant to the inquiry. in this section, specified inquiry means an inquiry by the commission under section 5(2)(h) into the contravention or possible contravention by any person of new zealand law relating to human rights. 127. evidence the commission may, by notice in writing, require any person who is the subject of an order under section 126a(1)(a) to provide any information, and to produce any documents or things in the possession of or under the control of that person, that are specified in the order. the commission may summon before it, and examine on oath, any person who is subject to an order under section 126a(1)(b), in accordance with the terms of the order, and a commissioner may for that purpose administer an oath to the person summoned. every such examination by a commission shall be deemed to be a judicial proceeding within the meaning of section 108 of the crimes act 1961 (which relates to perjury). 128. protection and privileges of witnesses, etc every person shall have the same privileges in relation to the giving of information to, the answering of questions put by, and the production of documents and things to, a commission as witnesses have in any court. no person shall be required to supply any information to or to answer any question put by a commission in relation to any matter, or to produce to a commission any document or paper or thing relating to any matter, in any case where compliance with that requirement would be in breach of an obligation of secrecy or non-disclosure imposed on that person by the provisions of any act or regulations, other than the official information act 1982. no person shall be liable to prosecution for an offence against any enactment, other than section 143, by reason of that person’s compliance with any requirement of a commission under section 127. where the attendance of any person is required by a commission under section 127, the person shall be entitled to the same fees, allowances, and expenses as if the person were a witness in a court and, for the purpose,— the provisions of any regulations in that behalf under the criminal procedure act 2011 shall apply accordingly; and the commission shall have the powers of a court under any such regulations to fix or disallow, in whole or in part, or to increase, any amounts payable under the regulations. 129. disclosure of certain matters not to be required where— the prime minister certifies that the giving of any information or the answering of any question or the production of any document or thing might prejudice the security, defence, or international relations of new zealand (including new zealand’s relations with the government of any other country or with any international organisation); or the attorney-general certifies that the giving of any information or the answering of any question or the production of any document or thing— might prejudice the prevention, investigation, or detection of offences; or might involve the disclosure of proceedings of cabinet, or any committee of cabinet, relating to matters of a secret or confidential nature, and such disclosure would be injurious to the public interest,— the commission shall not require the information to be given, or, as the case may be, the document or thing to be produced. subject to the provisions of subsection (1), the rule of law which authorises or requires the withholding of any document, or the refusal to answer any question, on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest shall not apply in respect of any investigation by a commission. 130. proceedings privileged sections 120 to 126 of the crown entities act 2004 apply except to the extent provided in subsections (2) and (2a) (which set out special rules relating to proceedings under section 131 (which relates to inciting racial disharmony)). no proceedings under section 131 lie against any commissioner or person engaged or employed in connection with the work of the commission and the director of human rights proceedings (relevant person) for anything he or she may do or report or say in the course of the exercise or intended exercise of his or her duties under this act, unless it is shown that he or she acted in bad faith. sections 122 to 126 of the crown entities act 2004 then apply as if the conduct for which a relevant person may be indemnified or insured under those sections included conduct that is covered by the immunity in subsection (2). no relevant person can be required to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to his or her knowledge in the exercise of his or her functions. nothing in subsection (2) applies in respect of proceedings for— an offence against section 78 or section 78a(1) or section 105 or section 105a or section 105b of the crimes act 1961; or the offence of attempting or conspiring to commit an offence against section 78 or section 78a(1) or section 105 or section 105a or section 105b of the crimes act 1961. anything said or any information supplied or any document or thing produced by any person in the course of any inquiry by, or proceedings before, the commission or a commissioner under this act shall be privileged in the same manner as if the inquiry or proceedings were proceedings in a court. for the purposes of clause 3 of part 2 of schedule 1 of the defamation act 1992, any report made by the commission or a commissioner under this act shall be deemed to be an official report made by a person holding an inquiry under the authority of the parliament of new zealand. part 6. inciting racial disharmony 131. inciting racial disharmony every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $7,000 who, with intent to excite hostility or ill-will against, or bring into contempt or ridicule, any group of persons in new zealand on the ground of the colour, race, or ethnic or national origins of that group of persons,— publishes or distributes written matter which is threatening, abusive, or insulting, or broadcasts by means of radio or television words which are threatening, abusive, or insulting; or uses in any public place (as defined in section 2(1) of the summary offences act 1981), or within the hearing of persons in any such public place, or at any meeting to which the public are invited or have access, words which are threatening, abusive, or insulting,— being matter or words likely to excite hostility or ill-will against, or bring into contempt or ridicule, any such group of persons in new zealand on the ground of the colour, race, or ethnic or national origins of that group of persons. for the purposes of this section, publishes or distributes and written matter have the meaning given to them in section 61. 132. no prosecution without attorney-general’s consent no prosecution for an offence against section 131 shall be instituted without the consent of the attorney-general. part 7. miscellaneous provisions 133. licences and registration where any person is licensed or registered under any enactment to carry on any occupation or activity or where any premises or vehicle are registered or licensed for any purpose under any enactment, and where the person or other authority authorised to renew, revoke, cancel, or review any such licence or registration is satisfied— that in the carrying on of the occupation or activity; or that in the use of the premises or vehicle,— there has been a breach of any of the provisions of part 2, the person or authority, in addition to any other powers which that person or authority has, but subject to subsection (2), may refuse to renew or may revoke or cancel any such licence or registration, as the case may require, or may impose any other penalty authorised by the enactment, whether by way of censure, fine, or otherwise. any procedural requirements of the enactment, including any whereby a complaint is a prerequisite to the exercise by the person or authority of its powers under the enactment, shall be observed. in any case in which any of the powers conferred by subsection (1) are exercised,— the person or authority shall in giving its decision state that the decision is being made pursuant to subsection (1); and any person who would have been entitled to appeal against that decision if it had been made on other grounds shall be entitled to appeal against the decision made pursuant to subsection (1). in this section the term enactment means any provision of any act, regulations, or bylaws. 134. access by the public to places, vehicles, and facilities every person commits an offence who— refuses to allow any other person access to or use of any place or vehicle which members of the public are entitled or allowed to enter or use; or refuses any other person the use of any facilities in that place or vehicle which are available to members of the public; or requires any other person to leave or to cease to use that place or vehicle or those facilities,— when that refusal or requirement is in breach of any of the provisions of part 2. every person who commits an offence against this section is liable on conviction to a fine not exceeding $3,000. in this section the term vehicle includes a vessel, an aircraft, or a hovercraft. 135. no prosecution without attorney-general’s consent no prosecution for an offence against section 134 shall be instituted without the consent of the attorney-general. 136. condition in restraint of marriage, civil union, or de facto relationship a condition, whether oral or contained in a deed, will, or other instrument, which restrains or has the effect of restraining a person from marrying or entering into a civil union or de facto relationship shall be void if the person or class of person whom the person subject to the condition may or may not marry or enter into a civil union or de facto relationship with is identified or defined, expressly or by implication, by reference to the colour, race, or ethnic or national origins of the person or class of person. 137. advisors to be officials every person engaged by the commission in connection with its work is an official for the purposes of sections 105 and 105a of the crimes act 1961. this section does not limit section 135 of the crown entities act 2004. 138. no adverse statement the commission must not, in any report or statement made pursuant to this act, make any comment that is adverse to any person unless that person has been given an opportunity to be heard. 139. restriction on delegation the commission may not delegate the powers or functions in section 7 or section 76. in other respects, section 73 of the crown entities act 2004 applies. 140. delegation of powers by certain commissioners the chief human rights commissioner or the race relations commissioner may, in writing signed by him or her, delegate to an officer or employee of the commission any of the commissioner’s functions or powers under this act, except this power of delegation and the power to make a report under this act. a delegation under this section— may be made to a specified person or to the holder for the time being of a specified office or to the holders of offices of a specified class; and may be made subject to any restrictions or conditions the commissioner thinks fit; and may be made either generally or in relation to any particular case or class of cases; and is revocable at will and, until revoked, continues in force according to its tenor. if a function or power is delegated under this section, the performance or exercise of the function or power must not be inconsistent with determinations of the commission under section 7. if a function or power is delegated under this section and the commissioner by whom it was made ceases to hold office, the delegation continues to have effect as if it were made by his or her successor. a person purporting to exercise a function or power of a commissioner by virtue of a delegation under this section must, when required to do so, produce evidence of the person’s authority to exercise the power. sections 62 to 72 of the crown entities act 2004 apply to a delegate under this section as if the delegate were a member and as if the disclosure must be made to the commission and with other necessary modifications. sections 74 to 76 of the crown entities act 2004 do not apply to a delegation under this section. 141. annual report [repealed] 141a. certain acts not to be questioned no action of the chief commissioner or the race relations commissioner that is required by this act to be undertaken jointly with the other may be questioned in any proceedings on the ground that it was not undertaken jointly. no action of the chief commissioner or the equal employment opportunities commissioner that is required by this act to be undertaken jointly with the other may be questioned in any proceedings on the ground that it was not undertaken jointly. 142. money to be appropriated by parliament for purposes of this act [repealed] 143. offences every person commits an offence against this act and is liable on conviction to a fine not exceeding $3,000 who— without lawful justification or excuse, wilfully obstructs, hinders, or resists the commission or a commissioner or any other person in the exercise of its or his or her powers under this act: without lawful justification or excuse, refuses or wilfully fails to comply with any lawful requirement of the commission or a commissioner or any other person under this act: makes any false statement knowing it to be false or intentionally misleads or attempts to mislead the commission or a commissioner or any other person in the exercise of its or his or her powers under this act. 144. regulations the governor-general may from time to time, by order in council, make regulations for all or any of the following purposes: prescribing the procedure to be followed under this act in respect of complaints to and proceedings before the commission or in respect of proceedings before the tribunal: prescribing forms for the purposes of this act, and requiring the use of such forms: providing for such matters as are contemplated by or necessary for giving full effect to this act and for its due administration. for the avoidance of doubt, it is hereby declared that the power conferred by subsection (1) to make regulations in respect of proceedings before the tribunal includes power to make regulations in respect of proceedings in connection with the exercise or performance of any function, power, or duty conferred or imposed on the tribunal by or under any other enactment. 145. related amendments to other enactments [repealed] 146. repeals [repealed] 147. revocation [repealed] subpart 1. transitional provisions 148. former office of commissioner abolished the office of commissioner under section 7(1) of the principal act (as it read immediately before the commencement of this section) is abolished. no person is entitled to compensation for loss of office as a commissioner under subsection (1). 148a. certain former commissioners to be transitional members of commission the person who, immediately before the commencement of this section, held office as chief commissioner under section 7(1)(a) (as it read immediately before the commencement of this section) is taken to have been appointed to the office of chief commissioner under section 8(1)(a) (as substituted by section 5 of the human rights amendment act 2001). the person who, immediately before the commencement of this section, held office as the race relations conciliator is taken to have been appointed to the office of race relations commissioner under section 8(1)(b) (as substituted by section 5 of the human rights amendment act 2001). every person who, immediately before the commencement of this section, held office as commissioner under section 7(1)(e) (as it read immediately before the commencement of this section) is taken to have been appointed to the office of commissioner under section 8(1)(d) (as substituted by section 5 of the human rights amendment act 2001). the privacy commissioner appointed under the privacy act 1993 and the commissioner appointed to be proceedings commissioner under section 7(1)(d) (as it read before the commencement of the human rights amendment act 2001) cease to be human rights commissioners on the commencement of this section. every person who is taken to have been appointed to the office of commissioner under this section is appointed on the same terms and conditions and for the remainder of the term for which the person was appointed under section 7(1) (as it read immediately before the commencement of this section). subpart 2. race relations conciliator 148b. assets and liabilities vest in commission on the commencement of this section, the assets and liabilities of the race relations conciliator vest in the commission. 148c. references to race relations conciliator from the commencement of this section, unless the context otherwise requires, every reference to the race relations conciliator in any instrument, document, or notice is to be read as a reference to the race relations commissioner. despite subsection (1), every reference to the race relations conciliator in any contract or other instrument, document, or notice that creates, or is evidence of, an asset or liability, must be read as a reference to the commission. 148d. proceedings any proceedings to which the race relations conciliator was a party or that he or she was considering bringing, before the commencement of this section, may be brought, continued, completed, and enforced by or against the commission. 148e. commission to arrange final audited accounts the commission must perform the duties that the race relations conciliator would have had to perform under section 41 of the public finance act 1989 if the human rights amendment act 2001 had not been enacted, for the period beginning on 1 july 2001 and ending with the close of 31 december 2001. 148f. all employees transferred to commission every person employed by the race relations conciliator immediately before the commencement of this section is, on and from that date, an employee of the commission on the same terms and conditions that applied to the employee immediately before that date. for the purposes of every enactment, law, contract, and agreement relating to the employment of the employee,— the contract of employment of that employee is taken to be unbroken; and the employee’s period of service with the race relations conciliator and every other period of service of that employee that is recognised by the race relations conciliator as continuous service is taken to have been a period of service with the commission. a person to whom subsection (1) applies is not entitled to any compensation just because the person has ceased to be an employee of the race relations conciliator. subpart 3. proceedings commissioner 148g. proceedings commissioner the person who, immediately before the commencement of this section, held office as the proceedings commissioner under section 7(1)(d) (as it read immediately before the commencement of this section) is taken to have been appointed to the office of director of human rights proceedings under section 20a (as substituted by section 5 of the human rights amendment act 2001). the director of human rights proceedings is appointed on the same terms and conditions and for the remainder of the term for which he or she was appointed proceedings commissioner. 148h. references to proceedings commissioner from the commencement of this section, unless the context otherwise requires, every reference to the proceedings commissioner in any instrument, document, or notice is to be read as a reference to the director. 148i. proceedings to which proceedings commissioner party proceedings to which the proceedings commissioner was a party or that he or she was considering bringing, before the commencement of this section— must be brought, continued, completed, and enforced by the director; and may be brought, continued, completed, and enforced against the director. sections 86 to 92, 95, and 97 (as they read immediately before the commencement of this section) apply (with any necessary modifications) to any proceedings to which the proceedings commissioner was a party before the commencement of this section as if— the director were the proceedings commissioner; and the office of human rights proceedings were the commission; and the human rights review tribunal were the complaints review tribunal. 148j. complaints referred to proceedings commissioner for decision as to proceedings subsection (2) applies— if a complaint is referred to the proceedings commissioner under section 75(g) (as it read immediately before the commencement of this section), but no proceedings have been instituted by the proceedings commissioner; or if the proceedings commissioner was required to decide whether to institute proceedings against a party to a settlement under section 82(1)(c) (as it read immediately before the commencement of this section), but no proceedings were instituted by the proceedings commissioner before the commencement of this section. if this subsection applies,— if the commissioner has not made a decision on whether to institute proceedings, the director must decide, under section 90(1)(c), whether to provide representation in relation to the complaint: if the commissioner has made a decision to institute proceedings, the director must provide representation for the complainant or aggrieved party (as the case may be) in the proceedings: if the commissioner has made a decision not to institute proceedings, that decision is deemed to have been made by the director. 148k. transfer of employees from commission to office the commission and the office of human rights proceedings may, after consulting the employee concerned, agree to the transfer of an employee from the commission to the office of human rights proceedings on the same terms and conditions that applied to the employee immediately before the date of transfer. for the purposes of every enactment, law, contract, and agreement relating to the employment of the employee,— the contract of employment of that employee is taken to have been unbroken; and the employee’s period of service with the commission, and every other period of service of that employee that is recognised by the commission as continuous service, is taken to have been a period of service with the office of human rights proceedings. an employee of the commission who is transferred to the office of human rights proceedings under subsection (1) is not entitled to any compensation just becausethe position held by the employee with the commission has ceased to exist; or the person has ceased (as a result of the transfer) to be an employee of the commission. subpart 4. complaints division 148l. complaints division abolished the complaints division of the commission is abolished. 148m. outstanding complaints to be dealt with by commission under new procedure a complaint lodged with the complaints division before the commencement of this act must be dealt with by the commission under part 3 (as substituted by section 9 of the human rights amendment act 2001) as if the complaint were made to the commission under section 76(2)(a). for the purposes of subsection (1),— if the complaints division has called a conciliation conference under section 80(1) (as it read immediately before the commencement of this section) but the conference has not taken place, the commission must instead offer to convene a dispute resolution meeting; and if section 79(2) applies to the complaint, the commission must inform the attorney-general of the details of the complaint as soon as practicable. despite subsection (1), if, in relation to a complaint, the complaints division has decided not to investigate the complaint further under section 76(1) or section 77(1)(a) (as they read immediately before the commencement of this section), the commission must take no action or further action in relation to the complaint. 148n. breaches of part 1a no act or omission that occurred before 1 january 2002 is capable of being in breach of part 1a unless— the act or omission continues on or after 1 january 2002; or in the case of an enactment, the enactment is in force on or after 1 january 2002. 148o. complaints about breaches of part 1a despite section 76, the commission is not under a duty to receive or assess any complaint alleging a breach of part 1a that is made to the commission before 1 april 2002. the commission is not under a duty to receive or assess any complaint alleging that an act or omission that occurred before 1 january 2002 and that ceased to continue or to be in force before 1 january 2002 is in breach of part 1a. subpart 5. savings 149. special provisions in relation to written employment contracts in force on 1 april 1992 this section applies to every employment contract (whether a collective employment contract or an individual employment contract) that— is in writing; and was in force on 1 april 1992; and specifies an age at which an employee is required to retire. where the parties to an employment contract to which this section applies agree in writing, at any time on or after 1 april 1992, to confirm or vary the age specified in the employment contract, the age, as so confirmed or varied, shall have effect notwithstanding section 22. where the parties to an employment contract to which this section applies have not agreed in writing to confirm or vary the age specified in the employment contract, section 22 shall apply in relation to that employment contract. where, as at 1 april 1992, the age at which an employer is required to retire, under a term of that employee’s employment contract, was specified only in a document that sets out the employer’s policy on the retirement ages of the employer’s employees or any of them, this section shall not apply in relation to that employee’s employment contract. 150. charitable instruments nothing in this act shall apply— to any provision in an existing or future will, deed, or other instrument where that provision confers charitable benefits, or enables charitable benefits to be conferred, on persons against whom discrimination is unlawful by virtue of part 2; or to any act done in order to comply with any provision described in paragraph (a). for the purposes of this section, charitable benefits means benefits for purposes that are charitable in accordance with the law of new zealand. 151. other enactments and actions not affected [repealed] 152. expiry of section 151 [repealed] 153. savings nothing in this act affects the right to bring any proceedings, whether civil or criminal, that may be brought other than under this act, but, in assessing any damages to be awarded to or on behalf of any person under this act or otherwise, a court must take account of any damages already awarded to or on behalf of that person in respect of the same cause of action. subject to the illegal contracts act 1970, no proceedings, civil or criminal, shall lie against any person, except as provided by this act, in respect of any act or omission which is unlawful by virtue only of any of the provisions of part 2. nothing in this act shall affect any enactment or rule of law, or any policy or administrative practice of the government of new zealand, that— [repealed] distinguishes between new zealand citizens and other persons, or between british subjects or commonwealth citizens and aliens. [repealed] schedule 1. administrative provisions applying in respect of commission 1. general manager: appointment, term of office, and conditions the general manager— is appointed by the chief human rights commissioner, after consultation with the commission, under section 18, and his or her office is a full-time one; and holds the office for the term (not longer than 5 years) and under the conditions specified in his or her appointment; and may, from time to time, be reappointed; and unless he or she sooner vacates or no longer holds or is removed from the office, continues in it until his or her successor comes into it, even though the term for which he or she was appointed has expired. subclause (1) is subject to section 117 of the crown entities act 2004. in the case of absence from duty of the general manager (for any reason) or on the occurrence of a vacancy in that position (for any reason) and while the absence or vacancy continues, all or any of the powers and duties of the general manager may be exercised and performed by any other employee of the commission for the time being directed by the chief commissioner (after consultation by the chief commissioner with the commission) to exercise and perform them, whether the direction has been given before the absence or vacancy occurs or while it continues. no direction given under subclause (3) and no acts done by any employee of the commission acting under that direction may in any proceedings be questioned on the ground that— the occasion for the direction had not arisen or had ceased; or that the employee has not been appointed to the position of general manager. 2. staff [repealed] 3. employment principles [repealed] 4. appointment of experts [repealed] 5. salaries and allowances [repealed] 6. superannuation or retiring allowances for the purpose of providing superannuation or retiring allowances for the commissioners, the commission may, out of the funds of the commission, make payments to or subsidise any superannuation scheme that is registered under the superannuation schemes act 1989. despite anything in this act, any person who, immediately before being appointed as a commissioner or the general manager or, as the case may be, becoming an employee of the commission, is a contributor to the government superannuation fund under part 2 or part 2a of the government superannuation fund act 1956 is deemed to be, for the purposes of the government superannuation fund act 1956, employed in the government service so long as that person continues to hold office as a commissioner or the general manager or, as the case may be, to be an employee of the commission, and that act applies to that person in all respects as if that person’s service as a commissioner or the general manager or, as the case may be, as an employee of that kind were government service. for the purpose of applying the government superannuation fund act 1956, in accordance with subclause (2), to a person who holds office as a commissioner or the general manager or, as the case may be, is in the service of the commission as an employee and (in any such case) is a contributor to the government superannuation fund, controlling authority, in relation to the person, means the commission. 7. certain acts do not apply to staff of commission [repealed] 8. services for commission [repealed] 9. funds of commission [repealed] 10. bank accounts [repealed] 11. investment of money [repealed] 12. borrowing [repealed] 13. seal [repealed] 14. tax status [repealed] 15. crown entity [repealed] 16. auditor [repealed] schedule 2. administrative provisions applying in respect of office of human rights proceedings 1. interpretation in this schedule, unless the context otherwise requires,— director means the director of human rights proceedings, or alternate director of human rights proceedings, appointed under section 20a functions include powers or duties office means the office of human rights proceedings referred to in section 20. 2. staff the director may, in accordance with this clause, appoint any employees (including acting or temporary or casual employees) that he or she considers necessary for the efficient carrying out of the functions of the director. employees appointed under this clause are employed on any terms and conditions of employment the director determines. subclause (2) is subject to section 116 of the crown entities act 2004, except that the reference in section 116(1) to agreement by a crown entity must be read as a reference to agreement by the director. [repealed] 3. employment principles [repealed] 4. appointment of experts the director may, as and when the need arises, appoint any person (other than a commissioner) who, in the director’s opinion, possesses expert knowledge or is otherwise able to assist in connection with the exercise or performance of the functions of the director to make such inquiries or to conduct such research or to make such reports or to render such other services as may be necessary for the efficient exercise or performance by the office of the functions of the director. the office must pay persons appointed under this clause, for services rendered by them, fees or commission or both at such rates as the director thinks fit, and may separately reimburse them for expenses reasonably incurred in rendering services for the office. 5. application of crown entities act 2004 to director sections 47 and 48 and 120 to 126 of the crown entities act 2004 apply to the director, with all necessary modifications, as if he or she were a member of the commission. 6. superannuation or retiring allowances for the purpose of providing superannuation or retiring allowances for the director, the office may, out of the funds of the office, make payments to or subsidise any superannuation scheme that is registered under the superannuation schemes act 1989. despite anything in this act, any person who, immediately before being appointed as the director or, as the case may be, becoming an employee of the office, is a contributor to the government superannuation fund under part 2 or part 2a of the government superannuation fund act 1956 is deemed to be, for the purposes of the government superannuation fund act 1956, employed in the government service so long as that person continues to hold office as the director or, as the case may be, to be an employee of the office, and that act applies to that person in all respects as if that person’s service as the director or, as the case may be, as an employee of that kind were government service. for the purpose of applying the government superannuation fund act 1956, in accordance with subclause (2), to a person who holds office as the director or, as the case may be, is in the service of the office as an employee and (in any such case) is a contributor to the government superannuation fund, controlling authority, in relation to the person, means the office. 7. certain acts do not apply to staff of office [repealed] 8. services for office [repealed] 9. funds of office [repealed] 10. bank accounts [repealed] 11. investment of money [repealed] 12. address for service the address for service of the director and of the office is the address of the main premises of the office. schedule 3. enactments repealed [repealed] amendment act 1. human rights amendment act 1994 public act: 1994 no 138 date of assent: 9 december 1994 commencement: 9 december 1994 1. short title this act may be cited as the human rights amendment act 1994, and shall be read together with and deemed part of the human rights act 1993 (hereinafter referred to as “the principal act”). subpart 1. application of principal act and human rights commission act 1977 to superannuation schemes 2. application of principal act to superannuation schemes providing benefits on account of marital status notwithstanding any rule of law, nothing in section 22 or section 44 or section 70 of the principal act shall prevent, or be taken ever to have prevented, the provisions of a superannuation scheme, or the trustees of the scheme, from providing, on the death of a member of the scheme, a benefit for either— the spouse of that member; or the civil union partner or de facto partner of that member,— without providing a similar or corresponding or equivalent benefit on the death of other members of the scheme. subject to subsection (5), this section applies in respect of superannuation schemes established before or after the commencement of this act. this section applies notwithstanding any judgment, decision, or order of any court or tribunal given or made before or after the commencement of this act in proceedings commenced before the commencement of this act. nothing in section 153(1) of the principal act limits or affects this section. nothing in this section applies to the provision of benefits under a superannuation scheme or by the trustees of a scheme in respect of any person who, at any time on or after 1 january 1996, becomes a member of the scheme unless,— immediately before becoming a member, that person was a member of another superannuation scheme that provides or provided, or the trustees of which provide or provided, benefits of a kind referred to in paragraph (a) or paragraph (b) of subsection (1); and that person became a member of the first-mentioned scheme as a result of a requirement, or the exercise of a right, to leave that other scheme by reason of any merger, takeover, or restructuring of, or reorganisation of the business of, that person’s employer. nothing in this section affects the validity of any amendment to the instrument or conditions governing a superannuation scheme made pursuant to section 72 of the principal act before the commencement of this act. 3. application of principal act to superannuation schemes providing benefits for children and dependants for the avoidance of doubt, it is hereby declared that nothing in section 22 or section 44 or section 70 of the principal act shall prevent, or be taken ever to have prevented, the provisions of a superannuation scheme, or the trustees of the scheme, from providing, on the death of a member of the scheme, a benefit for a child or dependant of that member’s family, including a child or dependant belonging to a particular class determined by reference to age, disability, or employment status without providing a similar or corresponding or equivalent benefit on the death of other members of the scheme. this section applies in respect of superannuation schemes established before or after the commencement of this act. this section applies notwithstanding any judgment, decision, or order of any court or tribunal given or made before or after the commencement of this act in proceedings commenced before the commencement of this act. 4. savings in respect of certain superannuation schemes for the avoidance of doubt, it is hereby declared that nothing in section 22 or section 44 of the principal act relating to different treatment on the ground of sex or marital status shall apply, or be taken ever to have applied, to— a superannuation scheme to which subsection (2) of section 88 of the human rights commission act 1977 applied, except in respect of a person who became a member of the scheme on or after 1 april 1980 or to whom amendments to the scheme were applied pursuant to subsection (4) of that section; or a superannuation scheme established as an alternative to making amendments of the kind referred to in subsection (4) of section 88 of the human rights commission act 1977 to an existing scheme, except in respect of a person who became a member of the scheme by virtue of subsections (4) and (5) of that section. for the avoidance of doubt, it is hereby further declared that where any superannuation scheme was amended for the purpose of ensuring that its operation did not involve a breach of section 15(1) or section 24(1) of the human rights commission act 1977, nothing in the principal act, and nothing in those amendments, shall deprive, or be taken ever to have deprived, any person who joined the scheme before the date on which those amendments came into force of any right or option to retire at a particular age or on a particular date or to become entitled under the scheme to a pension or other benefit, unless that person relinquishes that right or option. 5. application of human rights commission act 1977 to superannuation schemes notwithstanding any rule of law, nothing in section 15(1) or section 24(1) or section 88 of the human rights commission act 1977 shall be taken ever to have prevented the provisions of a superannuation scheme, or the trustees of the scheme, from providing, on the death of a member of the scheme, a benefit for either— the spouse of that member; or the civil union partner or de facto partner of that member,— without providing a similar or corresponding or equivalent benefit on the death of other members of the scheme. this section applies notwithstanding any judgment, decision, or order of any court or tribunal given or made before or after the commencement of this act in proceedings commenced before the commencement of this act. nothing in section 153(1) of the principal act limits or affects this section. nothing in this section affects the validity of any amendment to the instrument or conditions governing a superannuation scheme made pursuant to section 90 of the human rights commission act 1977. supreme court act 2003 1. title this act is the supreme court act 2003. part 1. supreme court of new zealand subpart 1. preliminary matters 2. commencement this act comes into force on 1 january 2004. 3. purpose the purpose of this act is— to establish within new zealand a new court of final appeal comprising new zealand judges— to recognise that new zealand is an independent nation with its own history and traditions; and to enable important legal matters, including legal matters relating to the treaty of waitangi, to be resolved with an understanding of new zealand conditions, history, and traditions; and to improve access to justice; and to provide for the court’s jurisdiction and related matters; and to end appeals to the judicial committee of the privy council from decisions of new zealand courts; and to make related amendments to certain enactments relating to courts or judicial proceedings. nothing in this act affects new zealand’s continuing commitment to the rule of law and the sovereignty of parliament. 4. interpretation in this act, unless the context otherwise requires,— acting judge means an acting judge of the supreme court appointed under section 23(1) chief justice means the chief justice of new zealand appointed under section 4(1) of the judicature act 1908 civil proceeding— means any proceeding that is not a criminal proceeding; and includes a proceeding under the bail act 2000 decision means a judgment, decree, order, direction, or determination district court includes— a family court and a youth court; and a district court sitting in its admiralty jurisdiction high court includes the high court sitting in its admiralty jurisdiction, or sitting as a permanent prize court under the jurisdiction conferred by section 8 of the admiralty act 1973 interlocutory application— means an application in a proceeding or intended proceeding for— an order or a direction relating to a matter of procedure; or in the case of a civil proceeding, for some relief ancillary to the relief claimed in the pleading; and includes an application for a new trial; and includes an application to review a decision made on an interlocutory application new zealand court means— the supreme court, the court of appeal, the high court, or a district court; or any of the following specialist courts: the court martial of new zealand established under section 8 of the court martial act 2007, the court martial appeal court constituted by the court martial appeals act 1953, the employment court, the environment court, the maori appellate court, and the maori land court permanent judge means a judge of the supreme court who is not an acting judge privy council means the judicial committee of the privy council registrar means the registrar of the supreme court appointed under section 36(1) supreme court and the court mean the supreme court of new zealand established by section 6 working day means a day of the week other than— a saturday, a sunday, waitangi day, good friday, easter monday, anzac day, the sovereign’s birthday, and labour day; and the day observed as anniversary day in wellington; and if waitangi day or anzac day falls on a saturday or a sunday, the following monday; and a day in the period commencing on 25 december in any year and ending with 15 january in the following year. 5. act binds the crown this act binds the crown. subpart 2. establishment and jurisdiction of supreme court 6. supreme court established this section establishes as the court of final appeal for new zealand a court of record called the supreme court of new zealand. 7. appeals against decisions of court of appeal in civil proceedings the supreme court can hear and determine an appeal by a party to a civil proceeding in the court of appeal against any decision made in the proceeding, unless— an enactment other than this act makes provision to the effect that there is no right of appeal against the decision; or the decision is a refusal to give leave or special leave to appeal to the court of appeal. 8. appeals against decisions of high court in civil proceedings the supreme court can hear and determine an appeal by a party to a civil proceeding in the high court against any decision made in the proceeding, unless— an enactment other than this act makes provision to the effect that there is no right of appeal against the decision; or the decision is a refusal to give leave or special leave to appeal to the high court or the court of appeal; or the decision was made on an interlocutory application. 9. appeals against decisions of other courts in civil proceedings the supreme court can hear and determine an appeal against a decision made in a civil proceeding in a new zealand court other than the court of appeal or the high court to the extent only that an enactment other than this act provides for the bringing of an appeal to the supreme court against the decision. 10. appeals against decisions in criminal proceedings the supreme court can hear and determine appeals authorised by— part 6 of the criminal procedure act 2011; or section 10 or 10a of the court martial appeals act 1953. 11. procedural requirements sections 7 to 10 are subject to— the provisions of this act; and all applicable rules, orders, and directions for regulating the terms and conditions on which appeals may be allowed, made or given under this act or the judicature act 1908. subpart 3. leave to appeal to court 12. appeals to be by leave appeals to the supreme court can be heard only with the court’s leave. references in enactments other than this act to the leave of the supreme court must be read subject to sections 13 and 14. 13. criteria for leave to appeal the supreme court must not give leave to appeal to it unless it is satisfied that it is necessary in the interests of justice for the court to hear and determine the proposed appeal. it is necessary in the interests of justice for the supreme court to hear and determine a proposed appeal if— the appeal involves a matter of general or public importance; or a substantial miscarriage of justice may have occurred, or may occur unless the appeal is heard; or the appeal involves a matter of general commercial significance. for the purposes of subsection (2), a significant issue relating to the treaty of waitangi is a matter of general or public importance. the supreme court must not give leave to appeal to it against an order made by the court of appeal on an interlocutory application unless satisfied that it is necessary in the interests of justice for the supreme court to hear and determine the proposed appeal before the proceeding concerned is concluded. subsection (2) does not limit the generality of subsection (1); and subsection (3) does not limit the generality of subsection (2)(a). 14. no direct appeal from court other than court of appeal unless exceptional circumstances established the supreme court must not give leave to appeal directly to it against a decision made, a conviction entered, or a sentence imposed, in a proceeding in a new zealand court other than the court of appeal unless (in addition to being satisfied that it is necessary in the interests of justice for the court to hear and determine the proposed appeal) it is satisfied that there are exceptional circumstances that justify taking the proposed appeal directly to the supreme court. 15. applications for leave the parties to an application for leave to appeal to the supreme court may make written submissions to the court, and may include in the submissions— additional relevant written material; and responses to submissions made by any other party. neither the parties nor their representatives have a right to appear before the court on the application; but the court may if it thinks fit— authorise the parties, their representatives, or both to appear: exclude from any authority to appear a party who is an appellant in custody. in determining the application, the court must consider— the written submissions before it; and if an oral hearing was held, the matters raised at the hearing. the court may consider the written submissions in any manner it thinks fit. 16. court to state reasons for refusal to give leave the supreme court must state its reasons for refusing to give leave to appeal to it. the reasons may be stated briefly, and may be stated in general terms only. subpart 4. constitution of court 17. constitution of court the supreme court comprises— the chief justice; and not fewer than 4 nor more than 5 other judges, appointed by the governor-general as judges of the supreme court. the supreme court’s jurisdiction is not affected by a vacancy in the number of its judges. 18. chief justice, and seniority of judges the chief justice is the head of the new zealand judiciary, and has seniority over the other judges of the supreme court. other judges of the supreme court appointed on different dates have seniority among themselves according to those dates. other judges of the supreme court appointed on the same date have seniority among themselves as follows: judges who have been judges of the court of appeal are senior to judges who have not been judges of the court of appeal: judges who have been judges of the court of appeal have among themselves the seniority they would have if still judges of the court of appeal: judges who have not been judges of the court of appeal but have previously been judges of the high court have seniority among themselves according to their seniority as judges of the high court: judges who have not previously been judges of the high court but have previously held other judicial office in new zealand are senior to judges who have not previously held judicial office in new zealand. judges of the supreme court are senior to the judges of the court of appeal, and to the judges of the high court who are not judges of the supreme court. this section applies only to permanent judges. 19. acting chief justice while the office of chief justice is vacant, or the chief justice is outside new zealand, the senior judge of the supreme court is authorised to act as chief justice. if because of illness or a reason other than absence from new zealand the chief justice is unable to perform the duties of that office, the governor-general may authorise the senior judge of the supreme court to act as chief justice until the chief justice resumes those duties. while authorised to act as chief justice, the senior judge of the supreme court can perform the duties of the chief justice, and exercise any power of the chief justice. the fact that the senior judge of the supreme court performs a duty of the chief justice or exercises a power of the chief justice is conclusive proof of his or her authority to do so. no action of the judge, and no decision of the court, may be questioned on the ground that the occasion for the judge to perform the duty or exercise the power had not arisen or had ceased. this section does not affect clause 12 of the letters patent constituting the office of governor-general of new zealand 1983 (sr 1983/225). 20. judges to be judges of high court no person can be appointed as a judge of the supreme court under section 17(1)(b) unless he or she— was a judge of the high court (whether sitting in the high court or the court of appeal) immediately before being appointed as a judge of the supreme court; or is appointed as a judge of the high court when appointed as a judge of the supreme court. every permanent judge of the supreme court— continues to be a judge of the high court; and may as a judge of the supreme court exercise any of the powers of a judge of the high court. 21. judges of other courts vacate office on appointment a judge of a new zealand court other than the high court vacates office as a judge of that court when appointed as a judge of the supreme court. a judge of the supreme court who has vacated office as a judge of a new zealand court under subsection (1) may nevertheless continue in office to determine, give judgment in, or otherwise complete, a proceeding heard by the judge (either alone or with others) when he or she sat in that court. 22. term of office of judges a judge of the supreme court holds office until he or she ceases to hold office as a permanent judge of the high court. 23. acting judges the governor-general may appoint as acting judges of the supreme court retired judges of the supreme court or the court of appeal who have not reached the age of 75 years. each acting judge must be appointed for a stated term that— is not more than the time until the judge will reach the age of 75 years: in any case, is not more than 24 months. during the term of his or her appointment, an acting judge may act as a judge of the supreme court to the extent only that the chief justice authorises under subsection (4). the chief justice may authorise an acting judge to act as a member of the supreme court— to hear and determine any proceedings within a stated period; or to hear and determine stated proceedings. the chief justice may authorise an acting judge to act as a member of the supreme court only if satisfied that— there is a vacancy in the supreme court; or a judge of the supreme court is for any reason unavailable to hear proceedings or particular proceedings. an acting judge is authorised when the chief justice gives the attorney-general a certificate, signed by the chief justice and at least 2 other permanent judges of the supreme court, to the effect that in their opinion it is necessary for the proper conduct of the court’s business for the acting judge to be authorised to act as a member of the supreme court— to hear and determine proceedings within the period concerned; or to hear and determine the proceedings concerned. an acting judge has the jurisdiction, powers, protections, privileges, and immunities of a judge of the supreme court and the high court, but only in relation to acting as a member of the supreme court, under the authority of subsection (4), in the hearing and determination of a proceeding. while acting as a member of the supreme court, under the authority of subsection (4), in the hearing and determination of a proceeding, but not otherwise, an acting judge must be paid— a salary at the rate for the time being payable to a judge of the supreme court other than the chief justice; and any applicable allowances, being travelling allowances or other incidental or minor allowances, determined by the governor-general for acting judges. the fact that an acting judge acts as a member of the supreme court is conclusive proof of the judge’s authority to do so. no action of the judge, and no decision of the court, may be questioned on the ground that the occasion for the judge to act as a member of the court had not arisen or had ceased. an acting judge may resign office by written notice to the attorney-general. subpart 5. powers and judgment of court 24. appeals to proceed by rehearing appeals to the supreme court proceed by way of rehearing. 25. general powers on an appeal in a proceeding that has been heard in a new zealand court, the supreme court— can make any order, or grant any relief, that could have been made or granted by that court; and even if the proceeding has not been heard in the court of appeal, has all the powers the court of appeal would have if hearing the appeal. in any proceeding, the supreme court can make any ancillary or interlocutory orders (including any orders as to costs) it thinks fit. 26. power to remit proceedings the supreme court can also remit a proceeding that began in a new zealand court to any new zealand court that has jurisdiction to deal with it. 27. exercise of powers of court for the purposes of the hearing and determination of a proceeding, the supreme court comprises 5 judges of the court. any 2 or more permanent judges of the supreme court can act as the court— to decide whether an oral hearing of an application for leave to appeal to the court should be held, or the application should be determined just on the basis of written submissions: to determine an application for leave to appeal to the court. the delivery of the judgment of the supreme court may be effected in any manner, and by any number of judges, provided by rules made under section 51c of the judicature act 1908. subsection (1) is subject to sections 28(1) and 30(1). 28. interlocutory orders and directions may be made and given by one judge in a proceeding before the supreme court, any permanent judge of the court may make any interlocutory orders and give any interlocutory directions the judge thinks fit (other than an order or direction that determines the proceeding or disposes of a question or issue that is before the court in the proceeding). any permanent judge of the supreme court may review a decision of the registrar made within the civil jurisdiction of the court under a power conferred on the registrar by a rule of court, and may confirm, modify, or revoke that decision as the judge thinks fit. the judges of the supreme court who together have jurisdiction to hear and determine a proceeding may— discharge or vary an order or direction made or given under subsection (1); or confirm, modify, or revoke a decision confirmed or modified under subsection (2). 29. presiding judge the chief justice presides over the supreme court. if the chief justice is absent, or the office of chief justice is vacant, the most senior available judge of the supreme court presides over the court. the fact that a judge of the supreme court other than the chief justice presides over the court is conclusive proof of the judge’s authority to do so. no action of the judge, and no judgment or decision of the court, may be questioned on the ground that the occasion for the judge to preside over the court had not arisen or had ceased. 30. procedure if judges absent where, because of the death or unavailability of 1 or 2 of the judges of the supreme court who are about to begin or have begun hearing a proceeding, only 3 or 4 of those judges remain available to determine it,— the remaining judges must decide whether the proceeding must be adjourned or reheard, or may continue; and if the remaining judges decide that the proceeding may continue,— they may act as the supreme court in relation to the proceeding, and can determine it and any interlocutory matters (including the question of costs); and the reference in section 31(1) to a majority of the judges hearing the proceeding must be read as a reference to a majority of those remaining judges. if at the time appointed for a sitting of the supreme court 1 or more judges are absent, the judge or judges present may adjourn or further adjourn the sitting to some other time. if at the time appointed for a sitting of the supreme court all the judges are absent, the registrar must adjourn or further adjourn the sitting to some other time. 31. judgment of court the judgment of the supreme court must be in accordance with the opinion of a majority of the judges hearing the proceeding concerned. if the judges are equally divided in opinion, the decision appealed from or under review is taken to be affirmed. 32. decisions of court may be enforced by high court a judgment, decree, or order of the supreme court may be enforced by the high court as if it had been given or made by the high court. subpart 6. administrative provisions 33. salaries and allowances of judges there must be paid out of public money to the judges of the supreme court other than the chief justice, without further appropriation than this section,— salaries at a rate determined by the remuneration authority; and any applicable allowances determined by the remuneration authority; and any applicable additional allowances, being travelling allowances or other incidental or minor allowances, determined from time to time by the governor-general. a determination under subsection (1), or a provision of a determination under subsection (1), may be stated to come into force on— the date on which the determination is made; or any other date, whether before or after the date on which the determination is made. if no date is stated for a determination or a provision of a determination, it comes into force on the date on which the determination is made. subsection (2) is subject to the remuneration authority act 1977. this section does not apply to acting judges. 34. fees to be paid into crown bank account all fees received under this act must be paid into a crown bank account. 35. contempt of court a person commits an offence who— assaults, threatens, intimidates, or wilfully insults a judge of the supreme court, the registrar of the court, a deputy registrar or officer of the court, or a witness, during his or her sitting or attendance in court, or in going to or returning from the court; or wilfully interrupts or obstructs the proceedings of the supreme court, or misbehaves in the court; or wilfully and without lawful excuse disobeys an order or direction of the supreme court in the course of the hearing of a proceeding. a constable or officer of the supreme court, with or without the assistance of any other person, may, by order of a judge of the court, take into custody and detain until the rising of the court a person who commits an offence against subsection (1). the supreme court may sentence a person who commits an offence against subsection (1) to imprisonment for a period not exceeding 5 days, or to pay a fine not exceeding $5,000, or both, for every offence. the supreme court has the same power and authority as the high court to punish any person for contempt of court in any case to which subsection (1) does not apply. nothing in subsections (1) to (3) limits or affects the power and authority referred to in subsection (4). 36. appointment of officers a registrar of the supreme court must be appointed under the state sector act 1988. there may also be appointed under that act deputy registrars of the supreme court, and any other officers required for the conduct of the court’s business. 37. powers and duties of officers the registrar, deputy registrars, and other officers of the supreme court have the powers and duties prescribed by rules made under section 51c of the judicature act 1908. 38. seal the supreme court has a seal for sealing writs and other instruments or documents issued by the registrar that must be sealed. the registrar has custody of the seal. 39. regulations the governor-general may, by order in council, make regulations for all or any of the following purposes: prescribing the matters for which fees are payable under this act: prescribing scales of fees for the purposes of this act and for the purposes of proceedings before the supreme court: prescribing the fees, travelling allowances, and expenses payable to interpreters and to people giving evidence in proceedings before the supreme court: in order to promote access to justice, empowering the registrar or a deputy registrar of the supreme court to waive, reduce, or postpone the payment of a fee required in connection with a proceeding or intended proceeding, or to refund, in whole or in part, such a fee that has already been paid, if satisfied on the basis of criteria prescribed under paragraph (e) that— the person otherwise responsible for payment of the fee is unable to pay or absorb the fee in whole or in part; or unless 1 or more of those powers are exercised in respect of a proceeding that concerns a matter of genuine public interest, the proceeding is unlikely to be commenced or continued: prescribing, for the purposes of the exercise of a power under paragraph (d), the criteria— for assessing a person’s ability to pay a fee; and for identifying proceedings that concern matters of genuine public interest: empowering the registrar or a deputy registrar of the supreme court to postpone the payment of a fee pending the determination of— an application for the exercise of a power specified in paragraph (d); or an application for review under section 40: providing for the postponement under the regulations of the payment of a fee, including (without limitation) providing— for the recovery of the fee after the expiry of the period of postponement; and for restrictions to apply (after the expiry of the period of postponement and for so long as the fee remains unpaid) on the steps that may be taken in the proceeding in respect of which the fee is payable: providing for the manner in which an application for the exercise of a power specified in paragraph (d) or paragraph (f) is to be made, including (without limitation) requiring the application to be in a form approved for the purpose by the chief executive of the ministry of justice. no fee is payable for an application for the exercise of a power specified in paragraph (d) or paragraph (f) of subsection (1). 40. reviews of decisions of registrars about fees a person aggrieved by a decision of the registrar or a deputy registrar under regulations under section 39(1)(d) may apply to a judge of the supreme court for a review of the decision. an application must be made within— 20 working days after the date on which the applicant is notified of the decision; or any further time the judge allows on application made for that purpose before or after the expiration of that period. the application may be made informally. the review— must be conducted by rehearing: may be dealt with on the papers, unless the judge decides otherwise. the judge may confirm, modify, or reverse the decision. no fee is payable for an application under this section. 41. technical advisers sections 99b to 99d of the judicature act 1908 (which relate to the appointment of technical advisers to give advice in appeals in proceedings involving questions arising from expert evidence) apply to the supreme court and proceedings in the supreme court as if references in those sections to the court of appeal were references to the supreme court. subpart 7. ending of appeals to her majesty in council 42. ending of appeals to her majesty in council no appeal to her majesty in council lies or may be brought from or in respect of any civil or criminal decision of a new zealand court made after 31 december 2003— whether by leave or special leave of any court or of her majesty in council, or otherwise; and whether by virtue of any act of parliament of the united kingdom or of new zealand, or the royal prerogative, or otherwise. subsection (1) is subject to section 50. part 2. amendments, repeals, transitional provisions, and savings subpart 1. substantive amendments to judicature act 1908 43. new sections 4a and 4b of judicature act 1908 inserted amendment(s) incorporated in the act(s). 44. constitution of the court amendment(s) incorporated in the act(s). 45. technical advisers amendment(s) incorporated in the act(s). subpart 2. substantive amendment to te ture whenua maori act 1993 46. new sections 58a and 58b inserted amendment(s) incorporated in the act(s). subpart 3. other substantive amendments 47. other substantive amendments the enactments specified in part 1 of schedule 1 are amended in the manner indicated in that schedule. subpart 4. consequential amendments and repeals 48. consequential amendments and repeals the enactments specified in part 2 of schedule 1 or part 1 of schedule 3 are amended in the manner indicated in that schedule. the enactments specified in schedule 2 are repealed. amendment(s) incorporated in the regulations. amendment(s) incorporated in the order(s). this section has effect as if, at the close of 31 december 2003, section 12 of the judicature amendment act 1979 had ceased to apply to the statutes amendment act 1947, the law practitioners (victoria reciprocity) order 1937, and the enactments specified in schedule 3. 49. imperial enactments ceasing to have effect in new zealand on 1 january 2004, the following imperial enactments cease to have effect as part of the law of new zealand: the imperial enactments listed in part 1 of schedule 4: the imperial subordinate legislation listed in part 2 of schedule 4. subpart 5. transitional and savings 50. privy council may still determine appeals in certain existing proceedings the privy council may hear and determine, or continue to hear and determine,— an appeal against a final judgment of the court of appeal made before 1 january 2004, or made after 31 december 2003 in a proceeding whose hearing was completed before 1 january 2004, where— the matter in dispute on the appeal amounts to or is of the value of $5,000 or upwards; or the appeal involves, directly or indirectly, some claim or question to or respecting property or some civil right amounting to or of the value of $5,000 or upwards; or an appeal arising out of a successful application to a new zealand court (whether made before, on, or after 1 january 2004) for leave to appeal to the privy council against a decision of the court of appeal— made before 1 january 2004; or made after 31 december 2003 in a proceeding whose hearing was completed before 1 january 2004; or an appeal arising out of a successful application to the privy council (whether made before, on, or after 1 january 2004) for special leave to appeal to it against a decision of the court of appeal— made before 1 january 2004; or made after 31 december 2003 in a proceeding whose hearing was completed before 1 january 2004. subsection (1) does not apply to an appeal if— the privy council has not begun hearing the appeal; and all parties agree in writing that an application should be made to the supreme court for leave to appeal to the supreme court against the decision concerned. 51. limitation on right to appeal to supreme court in certain existing proceedings this subsection applies to a decision if— it was made by any new zealand court before 1 january 2004; or it was made by the court of appeal after 31 december 2003 in a proceeding whose hearing was completed before 1 january 2004. there is no right to appeal to the supreme court against a decision to which subsection (1) applies if— the privy council has already heard or begun hearing an appeal against it; or a new zealand court has declined to give leave to appeal to the privy council against it and the privy council has not later given special leave to appeal against it; or the privy council has declined to give special leave to appeal against it; or all the parties to the proceeding in which it was made have not agreed in writing that an application should be made to the supreme court for leave to appeal to the supreme court against it. subsection (2) overrides sections 7 to 10. 52. transitional effect of sections 42 and 49 the following applications must be determined as if sections 42 and 49 had not been enacted: all applications to a new zealand court (whether made before, on, or after 1 january 2004) for leave to appeal to the privy council against— a decision of a new zealand court made before 1 january 2004; or a decision of the court of appeal delivered after 31 december 2003 in a proceeding whose hearing was completed before 1 january 2004: all applications to the privy council (whether made before, on, or after 1 january 2004) for special leave to appeal to it against— a decision of a new zealand court made before 1 january 2004; or a decision of the court of appeal delivered after 31 december 2003 in a proceeding whose hearing was completed before 1 january 2004. all appeals that, by virtue of section 50(1), the privy council may hear and determine, or continue to hear and determine, must be heard and determined as if— sections 42 and 49 had not been enacted; and the reference in section 112(1) of the credit contracts and consumer finance act 2003 to the supreme court included a reference to the privy council. 53. transitional arrangements for leave applications in subsection (2), leave application means an application to the supreme court for leave to appeal to the supreme court. until the commencement of the first rules made under section 51c of the judicature act 1908 (or under that section and section 409 of the crimes act 1961) containing provisions regulating the making of leave applications,— the rules for the time being in force under that section (or those sections), with all necessary modifications, apply to leave applications as if they were applications for leave to appeal to the court of appeal against a decision of the high court; but the chief justice may issue practice directions— modifying the application of those rules to leave applications; or providing for any matter (relating to leave applications) that those rules do not provide for. until the appointment of the first registrar of the supreme court, the registrar and every deputy registrar or officer of the court of appeal is also the registrar or a deputy registrar or officer of the supreme court. until the establishment of the first supreme court registry, the court of appeal registry is also the supreme court registry. 54. no new rights of appeal against decisions made before 1 january 2004 a person does not have a right to appeal to a particular new zealand court or the privy council on any grounds against a decision made before 1 january 2004 unless, when the decision was made, the person had the right to appeal against the decision to that court on those grounds. subsection (1) does not limit or affect the right of any person to appeal to a new zealand court on any grounds against a decision made— on or after 1 january 2004; but on appeal against a decision— made before 1 january 2004; or made at any time on appeal against a decision made before 1 january 2004. 55. hearings not to begin before 1 july 2004 the supreme court cannot begin hearing appeals until after 30 june 2004. before 1 july 2004, the supreme court can take any steps preliminary to hearing appeals, including considering and determining applications for leave to appeal to it, and interlocutory matters. schedules 1-4 [schedules omitted due to length full text available online at http://www.legislation.govt.nz/act/public/2003/0053/latest/whole.html#dlm214531] preamble we, the people of india, having solemnly resolved to constitute india into a sovereign socialist secular democratic republic and to secure to all its citizens: justice, social, economic and political; liberty of thought, expression, belief, faith and worship; equality of status and of opportunity; and to promote among them all fraternity assuring the dignity of the individual and the unity and integrity of the nation; in our constituent assembly this twenty-sixth day of november, 1949, do hereby adopt, enact and give to ourselves this constitution. part i. the union and its territory 1. name and territory of the union india, that is bharat, shall be a union of states. the states and the territories thereof shall be as specified in the first schedule. the territory of india shall comprisethe territories of the states; the union territories specified in the first schedule; and such other territories as may be acquired. 2. admission or establishment of new states parliament may by law admit into the union, or establish, new states on such terms and conditions as it thinks fit. 2a. sikkim to be associated with the union rep. by the constitution (thirty-sixth amendment) act, 1975, s. 5(w.e.f. 26-4-1975). 3. formation of new states and alteration of areas, boundaries or names of existing states parliament may by lawform a new state by separation of territory from any state or by uniting two or more states or parts of states or by uniting any territory to a part of any state; increase the area of any state; diminish the area of any state; alter the boundaries of any state; alter the name of any state: provided that no bill for the purpose shall be introduced in either house of parliament except on the recommendation of the president and unless, where the proposal contained in the bill affects the area, boundaries or name of any of the states, the bill has been referred by the president to the legislature of that state for expressing its views thereon within such period as may be specified in the reference or within such further period as the president may allow and the period so specified or allowed has expired. explanation i in this article, in clauses (a) to (e), "state" includes a union territory, but in the proviso, "state" does not include a union territory. explanation ii the power conferred on parliament by clause (a) includes the power to form a new state or union territory by uniting a part of any state or union territory to any other state or union territory. 4. laws made under articles 2 and 3 to provide for the amendment of the first and the fourth schedules and supplemental, incidental and consequential matters any law referred to in article 2 or article 3 shall contain such provisions for the amendment of the first schedule and the fourth schedule as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions (including provisions as to representation in parliament and in the legislature or legislatures of the state or states affected by such law) as parliament may deem necessary. no such law as aforesaid shall be deemed to be an amendment of this constitution for the purposes of article 368. part ii. citizenship 5. citizenship at the commencement of the constitution at the commencement of this constitution, every person who has his domicile in the territory of india andwho was born in the territory of india; or either of whose parents was born in the territory of india; or who has been ordinarily resident in the territory of india for not less than five years immediately preceding such commencement, shall be a citizen of india. 6. rights of citizenship of certain persons who have migrated to india from pakistan notwithstanding anything in article 5, a person who has migrated to the territory of india from the territory now included in pakistan shall be deemed to be a citizen of india at the commencement of this constitution ifhe or either of his parents or any of his grand-parents was born in india as defined in the government of india act, 1935 (as originally enacted); and in the case where such person has so migrated before the nineteenth day of july, 1948, he has been ordinarily resident in the territory of india since the date of his migration, or in the case where such person has so migrated on or after the nineteenth day of july, 1948, he has been registered as a citizen of india by an officer appointed in that behalf by the government of the dominion of india on an application made by him therefor to such officer before the commencement of this constitution in the form and manner prescribed by that government: provided that no person shall be so registered unless he has been resident in the territory of india for at least six months immediately preceding the date of his application. 7. rights of citizenship of certain migrants to pakistan notwithstanding anything in articles 5 and 6, a person who has after the first day of march, 1947, migrated from the territory of india to the territory now included in pakistan shall not be deemed to be a citizen of india: provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in pakistan, has returned to the territory of india under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of india after the nineteenth day of july, 1948. 8. rights of citizenship of certain persons of indian origin residing outside india notwithstanding anything in article 5, any person who or either of whose parents or any of whose grand-parents was born in india as defined in the government of india act, 1935 (as originally enacted), and who is ordinarily residing in any country outside india as so defined shall be deemed to be a citizen of india if he has been registered as a citizen of india by the diplomatic or consular representative of india in the country where he is for the time being residing on an application made by him therefor to such diplomatic or consular representative, whether before or after the commencement of this constitution, in the form and manner prescribed by the government of the dominion of india or the government of india. 9. persons voluntarily acquiring citizenship of a foreign state not to be citizens no person shall be a citizen of india by virtue of article 5, or be deemed to be a citizen of india by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign state. 10. continuance of the rights of citizenship every person who is or is deemed to be a citizen of india under any of the foregoing provisions of this part shall, subject to the provisions of any law that may be made by parliament, continue to be such citizen. 11. parliament to regulate the right of citizenship by law nothing in the foregoing provisions of this part shall derogate from the power of parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship. part iii. fundamental rights general 12. definition in this part, unless the context otherwise requires, "the state" includes the government and parliament of india and the government and the legislature of each of the states and all local or other authorities within the territory of india or under the control of the government of india. 13. laws inconsistent with or in derogation of the fundamental rights all laws in force in the territory of india immediately before the commencement of this constitution, in so far as they are inconsistent with the provisions of this part, shall, to the extent of such inconsistency, be void. the state shall not make any law which takes away or abridges the rights conferred by this part and any law made in contravention of this clause shall, to the extent of the contravention, be void. in this article, unless the context otherwise requires,"law" includes any ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of india the force of law; "laws in force" includes laws passed or made by a legislature or other competent authority in the territory of india before the commencement of this constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas. nothing in this article shall apply to any amendment of this constitution made under article 368. right to equality 14. equality before law the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of india. 15. prohibition of discrimination on grounds of religion, race, caste, sex or place of birth the state shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. no citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard toaccess to shops, public restaurants, hotels and places of public entertainment; or the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of state funds or dedicated to the use of general public. nothing in this article shall prevent the state from making any special provision for women and children. nothing in this article or in clause (2) of article 29 shall prevent the state from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes and the scheduled tribes. nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the state from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes or the scheduled tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the state, other than the minority educational institutions referred to in clause (1) of article 30. 16. equality of opportunity in matters of public employment there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state. no citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the state. nothing in this article shall prevent parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the government of, or any local or other authority within, a state or union territory, any requirement as to residence within that state or union territory prior to such employment or appointment. nothing in this article shall prevent the state from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the state, is not adequately represented in the services under the state. nothing in this article shall prevent the state from making any provision for reservation in matters of promotion, with consequential seniority, to any class or classes of posts in the services under the state in favour of the scheduled castes and the scheduled tribes which in the opinion of the states, are not adequately represented in the services under the state. nothing in this article shall prevent the state from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4a) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent, reservation on total number of vacancies of that year. nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination. 17. abolition of untouchability "untouchability" is abolished and its practice in any form is forbidden. the enforcement of any disability arising out of "untouchability" shall be an offence punishable in accordance with law. 18. abolition of titles no title, not being a military or academic distinction, shall be conferred by the state. no citizen of india shall accept any title from any foreign state. no person who is not a citizen of india shall, while he holds any office of profit or trust under the state, accept without the consent of the president any title from any foreign state. no person holding any office of profit or trust under the state shall, without the consent of the president, accept any present, emolument, or office of any kind from or under any foreign state. right to freedom 19. protection of certain rights regarding freedom of speech, etc all citizens shall have the rightto freedom of speech and expression; to assemble peaceably and without arms; to form associations or unions or co-operative societies; to move freely throughout the territory of india; to reside and settle in any part of the territory of india; [omitted by s. 2, ibid., (w.e.f. 20-6-1979).] to practise any profession, or to carry on any occupation, trade or business. nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the state from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the sovereignty and integrity of india, the security of the state, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence. nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the state from making any law imposing, in the interest of the sovereignty and integrity of india or public order, reasonable restrictions on the exercise of the right conferred by the said sub-clause. nothing in sub-clause (c) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the state from making any law imposing, in the interests of the sovereignty and integrity of india or public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub-clause. nothing in sub-clause (d) and (e) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the state from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any scheduled tribe. nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the state from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause; and, in particular, nothing in the said sub-clause shall affect the operation of any existing law in so far as it relates to, or prevent the state from making any law relating to,the professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business, or the carrying on by the state, or by a corporation owned or controlled by the state, of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise. 20. protection in respect of conviction for offences no person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence. no person shall be prosecuted and punished for the same offence more than once. no person accused of any offence shall be compelled to be a witness against himself. 21. protection of life and personal liberty no person shall be deprived of his life or personal liberty except according to procedure established by law. 21a. right to education the state shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the state may, by law, determine. 22. protection against arrest and detention in certain cases no person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice. every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate. nothing in clauses (1) and (2) shall applyto any person who for the time being is an enemy alien; or to any person who is arrested or detained under any law providing for preventive detention. no law providing for preventive detention shall authorise the detention of a person for a longer period than three months unlessan advisory board consisting of persons who are, or have been, or are qualified to be appointed as, judges of a high court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention: provided that nothing in this sub-clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by parliament under sub-clause (b) of clause (7); or such person is detained in accordance with the provisions of any law made by parliament under sub-clauses (a) and (b) of clause (7). when any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order. nothing in clause (5) shall require the authority making any such order as is referred to in that clause to disclose facts which such authority considers to be against the public interest to disclose. parliament may by law prescribethe circumstances under which, and the class or classes of cases in which, a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an advisory board in accordance with the provisions of sub-clause (a) of clause (4); the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and the procedure to be followed by an advisory board in an inquiry under sub-clause (a) of clause (4). right against exploitation 23. prohibition of traffic in human beings and forced labour traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law. nothing in this article shall prevent the state from imposing compulsory service for public purposes, and in imposing such service the state shall not make any discrimination on grounds only of religion, race, caste or class or any of them. 24. prohibition of employment of children in factories, etc no child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment. right to freedom of religion 25. freedom of conscience and free profession, practice and propagation of religion subject to public order, morality and health and to the other provisions of this part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion. nothing in this article shall affect the operation of any existing law or prevent the state from making any law regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice; providing for social welfare and reform or the throwing open of hindu religious institutions of a public character to all classes and sections of hindus. explanation i the wearing and carrying of kirpans shall be deemed to be included in the profession of the sikh religion. explanation ii in sub-clause (b) of clause (2), the reference to hindus shall be construed as including a reference to persons professing the sikh, jaina or buddhist religion, and the reference to hindu religious institutions shall be construed accordingly. 26. freedom to manage religious affairs subject to public order, morality and health, every religious denomination or any section thereof shall have the rightto establish and maintain institutions for religious and charitable purposes; to manage its own affairs in matters of religion; to own and acquire movable and immovable property; and to administer such property in accordance with law. 27. freedom as to payment of taxes for promotion of any particular religion no person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination. 28. freedom as to attendance at religious instruction or religious worship in certain educational institutions no religious instruction shall be provided in any educational institution wholly maintained out of state funds. nothing in clause (1) shall apply to an educational institution which is administered by the state but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution. no person attending any educational institution recognised by the state or receiving aid out of state funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto. cultural and educational rights 29. protection of interests of minorities any section of the citizens residing in the territory of india or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same. no citizen shall be denied admission into any educational institution maintained by the state or receiving aid out of state funds on grounds only of religion, race, caste, language or any of them. 30. right of minorities to establish and administer educational institutions all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice. in making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause (1), the state shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause. the state shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language. 31. compulsory acquisition of property rep. by the constitution (forty-fourth amendment) act, 1978, s. 6(w.e.f. 20-6-1979). saving of certain laws 31a. saving of laws providing for acquisition of estates, etc notwithstanding anything contained in article 13, no law providing forthe acquisition by the state of any estate or of any rights therein or the extinguishment or modification of any such rights, or the taking over of the management of any property by the state for a limited period either in the public interest or in order to secure the proper management of the property, or the amalgamation of two or more corporations either in the public interest or in order to secure the proper management of any of the corporations, or the extinguishment or modification of any rights of managing agents, secretaries and treasurers, managing directors, directors or managers of corporations, or of any voting rights of share-holders thereof, or the extinguishment or modification of any rights accruing by virtue of any agreement, lease or licence for the purpose of searching for, or winning, any mineral or mineral oil, or the premature termination or cancellation of any such agreement, lease or licence, shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by article 14 or article 19: provided that where such law is a law made by the legislature of a state, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the president, has received his assent: provided further that where any law makes any provision for the acquisition by the state of any estate and where any land comprised therein is held by a person under his personal cultivation, it shall not be lawful for the state to acquire any portion of such land as is within the ceiling limit applicable to him under any law for the time being in force or any building or structure standing thereon or appurtenant thereto, unless the law relating to the acquisition of such land, building or structure, provides for payment of compensation at a rate which shall not be less than the market value thereof. in this article,the expression "estate" shall, in relation to any local area, have the same meaning as that expression or its local equivalent has in the existing law relating to land tenures in force in that area and shall also includeany jagir, inam or muafi or other similar grant and in the states of tamil nadu and kerala, any janmam right; any land held under ryotwari settlement; any land held or let for purposes of agriculture or for purposes ancillary thereto, including waste land, forest land, land for pasture or sites of buildings and other structures occupied by cultivators of land, agricultural labourers and village artisans; the expression "rights", in relation to an estate, shall include any rights vesting in a proprietor, sub-proprietor, under-proprietor, tenure-holder, raiyat, under-raiyat or other intermediary and any rights or privileges in respect of land revenue. 31b. validation of certain acts and regulations without prejudice to the generality of the provisions contained in article 31a, none of the acts and regulations specified in the ninth schedule nor any of the provision thereof shall be deemed to be void, or ever to have become void, on the ground that such act, regulation or provision is inconsistent with, or takes away or abridges any of the rights conferred by, any provisions of this part, and notwithstanding any judgment, decree or order of any court or tribunal to the contrary, each of the said acts and regulations shall, subject to the power of any competent legislature to repeal or amend it, continue in force. 31c. saving of laws giving effect to certain directive principles notwithstanding anything contained in article 13, no law giving effect to the policy of the state towards securing all or any of the principles laid down in part iv shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by article 14 or article 19; and no law containing a declaration that it is for giving effect to such policy shall be called in question in any court on the ground that it does not give effect to such policy: provided that where such law is made by the legislature of a state, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the president, has received his assent. 31d. saving of laws in respect of anti-national activities rep. by the constitution (forty-third amendment) act, 1977, s. 2(w.e.f. 13-4-1978) right to constitutional remedies 32. remedies for enforcement of rights conferred by this part the right to move the supreme court by appropriate proceedings for the enforcement of the rights conferred by this part is guaranteed. the supreme court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this part. without prejudice to the powers conferred on the supreme court by clauses (1) and (2), parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the supreme court under clause (2). the right guaranteed by this article shall not be suspended except as otherwise provided for by this constitution. 32a. constitutional validity of state laws not to be considered in proceedings under article 32 rep. by the constitution (forty-third amendment) act, 1977, s. 3 (w.e.f. 13-41978). 33. power of parliament to modify the rights conferred by this part in their application to forces, etc parliament may, by law, determine to what extent any of the rights conferred by this part shall, in their application to,the members of the armed forces; or the members of the forces charged with the maintenance of public order; or persons employed in any bureau or other organisation established by the state for purposes of intelligence or counter intelligence; or persons employed in, or in connection with, the telecommunication systems set up for the purposes of any force, bureau or organisation referred to in clauses (a) to (c), be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them. 34. restriction on rights conferred by this part while martial law is in force in any area notwithstanding anything in the foregoing provisions of this part, parliament may by law indemnify any person in the service of the union or of a state or any other person in respect of any act done by him in connection with the maintenance or restoration of order in any area within the territory of india where martial law was in force or validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area. 35. legislation to give effect to the provisions of this part notwithstanding anything in this constitution,parliament shall have, and the legislature of a state shall not have, power to make lawswith respect to any of the matters which under clause (3) of article 16, clause (3) of article 32, article 33 and article 34 may be provided for by law made by parliament; and for prescribing punishment for those acts which are declared to be offences under this part, and parliament shall, as soon as may be after the commencement of this constitution, make laws for prescribing punishment for the acts referred to in sub-clause (ii); any law in force immediately before the commencement of this constitution in the territory of india with respect to any of the matters referred to in sub-clause (i) of clause (a) or providing for punishment for any act referred to in sub-clause (ii) of that clause shall, subject to the terms thereof and to any adaptations and modifications that may be made therein under article 372, continue in force until altered or repealed or amended by parliament. explanation in this article, the expression "law in force" has the same meaning as in article 372. part iv. directive principles of state policy 36. definition in this part, unless the context otherwise requires, "the state" has the same meaning as in part iii. 37. application of the principles contained in this part the provisions contained in this part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws. 38. state to secure a social order for the promotion of welfare of the people the state shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life. the state shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations. 39. certain principles of policy to be followed by the state the state shall, in particular, direct its policy towards securingthat the citizen, men and women equally, have the right to an adequate means of livelihood; that the ownership and control of the material resources of the community are so distributed as best to subserve the common good; that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment; that there is equal pay for equal work for both men and women; that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength; that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment. 39a. equal justice and free legal aid the state shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. 40. organisation of village panchayats the state shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government. 41. right to work, to education and to public assistance in certain cases the state shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want. 42. provision for just and humane conditions of work and maternity relief the state shall make provision for securing just and humane conditions of work and for maternity relief. 43. living wage, etc., for workers the state shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the state shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas. 43a. participation of workers in management of industries the state shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisation engaged in any industry. 43b. promotion of co-operative societies the state shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies. 44. uniform civil code for the citizens the state shall endeavour to secure for the citizens a uniform civil code throughout the territory of india. 45. provision for early childhood care and education to children below the age of six years the state shall endeavour to provide early childhood care and education for all children until they complete the age of six years. 46. promotion of educational and economic interests of scheduled castes, scheduled tribes and other weaker sections the state shall promote with special care the educational and economic interests of the weaker sections of the people, and in particular, of the scheduled castes and the scheduled tribes, and shall protect them from social injustice and all forms of exploitation. 47. duty of the state to raise the level of nutrition and the standard of living and to improve public health the state shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the state shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health. 48. organisation of agriculture and animal husbandry the state shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle. 48a. protection and improvement of environment and safeguarding of forests and wild life the state shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country. 49. protection of monuments and places and objects of national importance it shall be the obligation of the state to protect every monument or place or object of artistic or historic interest, declared by or under law made by parliament to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be. 50. separation of judiciary from executive the state shall take steps to separate the judiciary from the executive in the public services of the state. 51. promotion of international peace and security the state shall endeavour topromote international peace and security; maintain just and honourable relations between nations; foster respect for international law and treaty obligations in the dealings of organised people with one another; and encourage settlement of international disputes by arbitration. part iva. fundamental duties 51a. fundamental duties it shall be the duty of every citizen of indiato abide by the constitution and respect its ideals and institutions, the national flag and the national anthem; to cherish and follow the noble ideals which inspired our national struggle for freedom; to uphold and protect the sovereignty, unity and integrity of india; to defend the country and render national service when called upon to do so; to promote harmony and the spirit of common brotherhood amongst all the people of india transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women; to value and preserve the rich heritage of our composite culture; to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures; to develop the scientific temper, humanism and the spirit of inquiry and reform; to safeguard public property and to abjure violence; to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement. who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years. part v. the union chapter i. the executive the president and vice-president 52. the president of india there shall be a president of india. 53. executive power of the union the executive power of the union shall be vested in the president and shall be exercised by him either directly or through officers subordinate to him in accordance with this constitution. without prejudice to the generality of the foregoing provision, the supreme command of the defence forces of the union shall be vested in the president and the exercise thereof shall be regulated by law. nothing in this article shallbe deemed to transfer to the president any functions conferred by any existing law on the government of any state or other authority; or prevent parliament from conferring by law functions on authorities other than the president. 54. election of president the president shall be elected by the members of an electoral college consisting ofthe elected members of both houses of parliament; and the elected members of the legislative assemblies of the states. explanation in this article and in article 55, "state" includes the national capital territory of delhi and the union territory of pondicherry. 55. manner of election of president as far as practicable, there shall be uniformity in the scale of representation of the different states at the election of the president. for the purpose of securing such uniformity among the states inter se as well as parity between the states as a whole and the union, the number of votes which each elected member of parliament and of the legislative assembly of each state is entitled to cast at such election shall be determined in the following manner:every elected member of the legislative assembly of a state shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the state by the total number of the elected members of the assembly; if, after taking the said multiples of one thousand, the remainder is not less than five hundred, then the vote of each member referred to in sub-clause (a) shall be further increased by one; each elected member of either house of parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the legislative assemblies of the states under sub-clauses (a) and (b) by the total number of the elected members of both houses of parliament, fractions exceeding one-half being counted as one and other fractions being disregarded. the election of the president shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot. explanation in this article, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published: provided that the reference in this explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 49.1 have been published, be construed as a reference to the 1971 census. 56. term of office of president the president shall hold office for a term of five years from the date on which he enters upon his office: provided thatthe president may, by writing under his hand addressed to the vice-president, resign his office; the president may, for violation of the constitution, be removed from office by impeachment in the manner provided in article 61; the president shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. any resignation addressed to the vice-president under clause (a) of the proviso to clause (1) shall forthwith be communicated by him to the speaker of the house of the people. 57. eligibility for re-election a person who holds, or who has held, office as president shall, subject to the other provisions of this constitution be eligible for re-election to that office. 58. qualifications for election as president no person shall be eligible for election as president unless heis a citizen of india, has completed the age of thirty-five years, and is qualified for election as a member of the house of the people a person shall not be eligible for election as president if he holds any office of profit under the government of india or the government of any state or under any local or other authority subject to the control of any of the said governments. explanation for the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the president or vice-president of the union or the governor of any state or is a minister either for the union or for any state. 59. conditions of president's office the president shall not be a member of either house of parliament or of a house of the legislature of any state, and if a member of either house of parliament or of a house of the legislature of any state be elected president, he shall be deemed to have vacated his seat in that house on the date on which he enters upon his office as president. the president shall not hold any other office of profit. the president shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the second schedule. the emoluments and allowances of the president shall not be diminished during his term of office. 60. oath or affirmation by the president every president and every person acting as president or discharging the functions of the president shall, before entering upon his office, make and subscribe in the presence of the chief justice of india or, in his absence, the senior-most judge of the supreme court available, an oath or affirmation in the following form, that is to say"i, a.b., do swear in the name of god/solemnly affirm that i will faithfully execute the office of president (or discharge the functions of the president) of india and will to the best of my ability preserve, protect and defend the constitution and the law and that i will devote myself to the service and well-being of the people of india." 61. procedure for impeachment of the president when a president is to be impeached for violation of the constitution, the charge shall be preferred by either house of parliament. no such charge shall be preferred unlessthe proposal to prefer such charge is contained in a resolution which has been moved after at least fourteen days' notice in writing signed by not less than one-fourth of the total number of members of the house has been given of their intention to move the resolution, and such resolution has been passed by a majority of not less than two-thirds of the total membership of the house. when a charge has been so preferred by either house of parliament, the other house shall investigate the charge or cause the charge to be investigated and the president shall have the right to appear and to be represented at such investigation. if as a result of the investigation a resolution is passed by a majority of not less than two-thirds of the total membership of the house by which the charge was investigated or caused to be investigated, declaring that the charge preferred against the president has been sustained, such resolution shall have the effect of removing the president from his office as from the date on which the resolution is so passed. 62. time of holding election to fill vacancy in the office of president and the term of office of person elected to fill casual vacancy an election to fill a vacancy caused by the expiration of the term of office of president shall be completed before the expiration of the term. an election to fill a vacancy in the office of president occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after, and in no case later than six months from, the date of occurrence of the vacancy; and the person elected to fill the vacancy shall, subject to the provisions of article 56, be entitled to hold office for the full term of five years from the date on which he enters upon his office. 63. the vice-president of india there shall be a vice-president of india. 64. the vice-president to be ex-officio chairman of the council of states the vice-president shall be ex-officio chairman of the council of states and shall not hold any other office of profit: provided that during any period when the vice-president acts as president or discharges the functions of the president under article 65, he shall not perform the duties of the office of chairman of the council of states and shall not be entitled to any salary or allowance payable to the chairman of the council of states under article 97. 65. the vice-president to act as president or to discharge his functions during casual vacancies in the office, or during the absence, of president in the event of the occurrence of any vacancy in the office of the president by reason of his death, resignation or removal, or otherwise, the vice-president shall act as president until the date on which a new president elected in accordance with the provisions of this chapter to fill such vacancy enters upon his office. when the president is unable to discharge his functions owing to absence, illness or any other cause, the vice-president shall discharge his functions until the date on which the president resumes his duties. the vice-president shall, during, and in respect of, the period while he is so acting as, or discharging the functions of, president have all the powers and immunities of the president and be entitled to such emoluments, allowances and privileges as may be determined by parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the second schedule. 66. election of vice-president the vice-president shall be elected by the members of an electoral college consisting of the members of both houses of parliament in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot. the vice-president shall not be a member of either house of parliament or of a house of the legislature of any state, and if a member of either house of parliament or of a house of the legislature of any state be elected vice-president, he shall be deemed to have vacated his seat in that house on the date on which he enters upon his office as vice-president. no person shall be eligible for election as vice-president unless heis a citizen of india; has completed the age of thirty-five years; and is qualified for election as a member of the council of states. a person shall not be eligible for election as vice-president if he holds any office of profit under the government of india or the government of any state or under any local or other authority subject to the control of any of the said governments. explanation for the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the president or vice-president of the union or the governor of any state or is a minister either for the union or for any state. 67. term of office of vice-president the vice-president shall hold office for a term of five years from the date on which h enters upon his office: provided thata vice-president may, by writing under his hand addressed to the president, resign his office; a vice-president may be removed from his office by a resolution of the council of states passed by a majority of all the then members of the council and agreed to by the house of the people; but no resolution for the purpose of this clause shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution; a vice-president shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. 68. time of holding election to fill vacancy in the office of vice-president and the term of office of person elected to fill casual vacancy an election to fill a vacancy caused by the expiration of the term of office of vice-president shall be completed before the expiration of the term. an election to fill a vacancy in the office of vice-president occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after the occurrence of the vacancy, and the person elected to fill the vacancy shall, subject to the provisions of article 67, be entitled to hold office for the full term of five years from the date on which he enters upon his office. 69. oath or affirmation by the vice-president every vice-president shall, before entering upon his office, make and subscribe before the president, or some person appointed in that behalf by him, an oath or affirmation in the following form, that is to say"i, a.b., do swear in the name of god/solemnly affirm that i will bear true faith and allegiance to the constitution of india as by law established and that i will faithfully discharge the duty upon which i am about to enter." 70. discharge of president's functions in other contingencies parliament may make such provision as it thinks fit for the discharge of the functions of the president in any contingency not provided for in this chapter. 71. matters relating to, or connected with, the election of a president or vice-president all doubts and disputes arising out of or in connection with the election of a president or vice-president shall be inquired into and decided by the supreme court whose decision shall be final. if the election of a person as president or vice-president is declared void by the supreme court, acts done by him in the exercise and performance of the powers and duties of the office of president or vice-president, as the case may be, on or before the date of the decision of the supreme court shall not be invalidated by reason of that declaration. subject to the provisions of this constitution, parliament may by law regulate any matter relating to or connected with the election of a president, or vice-president. the election of a person as president or vice-president shall not be called in question on the ground of the existence of any vacancy for whatever reason among the members of the electoral college electing him. 72. power of president to grant pardons, etc., and to suspend, remit or commute sentences in certain cases the president shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any persons convicted of any offencein all cases where the punishment or sentence is by a court martial; in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the union extends; in all cases where the sentence is a sentence of death. nothing in sub-clause (a) of clause (1) shall affect the power conferred by law on any officer of the armed forces of the union to suspend, remit or commute a sentence passed by a court martial. nothing in sub-clause (c) of clause (1) shall affect the power to suspend, remit or commute a sentence of death exercisable by the governor of a state under any law for the time being in force. 73. extent of executive power of the union subject to the provisions of this constitution, the executive power of the union shall extendto the matters with respect to which parliament has power to make laws; and to the exercise of such rights, authority and jurisdiction as are exercisable by the government of india by virtue of any treaty or agreement: provided that the executive power referred to in sub-clause (a) shall not, save as expressly provided in this constitution or in any law made by parliament, extend in any state to matters with respect to which the legislature of the state has also power to make laws. until otherwise provided by parliament, a state and any officer or authority of a state may, notwithstanding anything in this article, continue to exercise in matters with respect to which parliament has power to make laws for that state such executive power or functions as the state or officer or authority thereof could exercise immediately before the commencement of this constitution. council of ministers 74. council of ministers to aid and advise president there shall be a council of ministers with the prime minister at the head to aid and advise the president who shall, in the exercise of his functions, act in accordance with such advice: provided that the president may require the council of ministers to reconsider such advice, either generally or otherwise, and the president shall act in accordance with the advice tendered after such reconsideration. the question whether any, and if so what, advice was tendered by ministers to the president shall not be inquired into in any court. 75. other provisions as to ministers the prime minister shall be appointed by the president and the other ministers shall be appointed by the president on the advice of the prime minister. the total number of ministers, including the prime minister, in the council of ministers shall not exceed fifteen percent of the total number of members of the house of the people. a member of either house of parliament belonging to any political party who is disqualified for being a member of that house under paragraph 2 of the tenth schedule shall also be disqualified to be appointed as a minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to either house of parliament before the expiry of such period, till the date on which he is declared elected, whichever is earlier. the ministers shall hold office during the pleasure of the president. the council of ministers shall be collectively responsible to the house of the people. before a minister enters upon his office, the president shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the third schedule. a minister who for any period of six consecutive months is not a member of either house of parliament shall at the expiration of that period cease to be a minister. the salaries and allowances of ministers shall be such as parliament may from time to time by law determine and, until parliament so determines, shall be as specified in the second schedule. the attorney-general for india 76. attorney-general for india the president shall appoint a person who is qualified to be appointed a judge of the supreme court to be attorney-general for india. it shall be the duty of the attorney-general to give advice to the government of india upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the president, and to discharge the functions conferred on him by or under this constitution or any other law for the time being in force. in the performance of his duties the attorney-general shall have right of audience in all courts in the territory of india. the attorney-general shall hold office during the pleasure of the president, and shall receive such remuneration as the president may determine. conduct of government business 77. conduct of business of the government of india all executive action of the government of india shall be expressed to be taken in the name of the president. orders and other instruments made and executed in the name of the president shall be authenticated in such manner as may be specified in rules to be made by the president, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the president. the president shall make rules for the more convenient transaction of the business of the government of india, and for the allocation among ministers of the said business. 78. duties of prime minister as respects the furnishing of information to the president, etc it shall be the duty of the prime ministerto communicate to the president all decisions of the council of ministers relating to the administration of the affairs of the union and proposals for legislation; to furnish such information relating the administration of the affairs of the union and proposals for legislation as the president may call for; and if the president so requires, to submit for the consideration of the council of ministers any matter on which a decision has been taken by a minister but which has not been considered by the council. chapter ii. parliament general 79. constitution of parliament there shall be a parliament for the union which shall consist of the president and two houses to be known respectively as the council of states and the house of the people. 80. composition of the council of states the council of states shall consist oftwelve members to be nominated by the president in accordance with the provisions of clause (3); and not more than two hundred and thirty-eight representatives of the states and of the union territories. the allocation of seats in the council of states to be filled by representatives of the states and of the union territories shall be in accordance with the provisions in that behalf contained in the fourth schedule. the members to be nominated by the president under sub-clause (a) of clause (1) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely:literature, science, art and social service. the representatives of each state in the council of states shall be elected by the elected members of the legislative assembly of the state in accordance with the system of proportional representation by means of the single transferable vote. the representatives of the union territories in the council of states shall be chosen in such manner as parliament may by law prescribe. 81. composition of the house of the people subject to the provisions of article 331,the house of the people shall consist ofnot more than five hundred and thirty members chosen by direct election from territorial constituencies in the states, and not more than twenty members to represent the union territories, chosen in such manner as parliament may by law provide. for the purposes of sub-clause (a) of clause (1),there shall be allotted to each state a number of seats in the house of the people in such manner that the ratio between that number and the population of the state is, so far as practicable, the same for all states; and each state shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it is, so far as practicable, the same throughout the state: provided that the provisions of sub-clause (a) of this clause shall not be applicable for the purpose of allotment of seats in the house of the people to any state so long as the population of that state does not exceed six millions. in this article, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published: provided that the reference in this clause to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year have been published, be construed,for the purposes of sub-clause (a) of clause (2) and the proviso to that clause, as a reference to the 1971 census; and for the purposes of sub-clause (b) of clause (2) as a reference to the 2001 census. 82. readjustment after each census upon the completion of each census, the allocation of seats in the house of the people to the states and the division of each state into territorial constituencies shall be readjusted by such authority and in such manner as parliament may by law determine: provided that such readjustment shall not affect representation in the house of the people until the dissolution of the then existing house: provided further that such readjustment shall take effect from such date as the president may, by order, specify and until such readjustment takes effect, any election to the house may be held on the basis of the territorial constituencies existing before such readjustment: provided also that until the relevant figures for the first census taken after the year 2026 have been published, it shall not be necessary to readjustthe allocation of seats in the house of the people to the state as readjusted on the basis of the 1971 census; and the division of each state into territorial constituencies as may be readjusted on the basis of the 2001 census, under this article. 83. duration of houses of parliament the council of states shall not be subject to dissolution, but as nearly as possible one third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by parliament by law. the house of the people, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the house: provided that the said period may, while a proclamation of emergency is in operation, be extended by parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the proclamation has ceased to operate. 84. qualification for membership of parliament a person shall not be qualified to be chosen to fill a seat in parliament unless heis a citizen of india, and makes and subscribes before some person authorised in that behalf by the election commission an oath or affirmation according to the form set out for the purpose in the third schedule; is, in the case of a seat in the council of states, not less than thirty years of age and, in the case of a seat in the house of the people, not less than twenty-five years of age; and possesses such other qualifications as may be prescribed in that behalf by or under any law made by parliament. 85. sessions of parliament, prorogation and dissolution the president shall from time to time summon each house of parliament to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session. the president may from time to timeprorogue the houses or either house, dissolve the house of the people. 86. right of president to address and send messages to houses the president may address either house of parliament or both houses assembled together, and for that purpose require the attendance of members. the president may send messages to either house of parliament, whether with respect to a bill then pending in parliament or otherwise, and a house to which any message is so sent shall with all convenient despatch consider any matter required by the message to be taken into consideration. 87. special address by the president at the commencement of the first session after each general election to the house of the people and at the commencement of the first session of each year the president shall address both houses of parliament assembled together and inform parliament of the causes of its summons. provision shall be made by the rules regulating the procedure of either house for the allotment of time for discussion of the matters referred to in such address. 88. rights of ministers and attorney-general as respects houses every minister and the attorney-general of india shall have the right to speak in, and otherwise to take part in the proceeding of, either house, any joint sitting of the houses, and any committee of parliament of which he may be named a member, but shall not by virtue of this article be entitled to vote. officers of parliament 89. the chairman and deputy chairman of the council of states the vice-president of india shall be ex-officio chairman of the council of states. the council of states shall, as soon as may be, choose a member of the council to be deputy chairman thereof and, so often as the office of deputy chairman becomes vacant, the council shall choose another member to be deputy chairman thereof. 90. vacation and resignation of, and removal from, the office of deputy chairman a member holding office as deputy chairman of the council of statesshall vacate his office if he ceases to be a member of the council; may at any time, by writing under his hand addressed to the chairman, resign his office; and may be removed from his office by a resolution of the council passed by a majority of all the then members of the council: provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution. 91. power of the deputy chairman or other person to perform the duties of the office of, or to act as, chairman while the office of chairman is vacant, or during any period when the vice-president is acting as, or discharging the functions of, president, the duties of the office shall be performed by the deputy chairman, or, if the office of deputy chairman is also vacant, by such member of the council of states as the president may appoint for the purpose. during the absence of the chairman from any sitting of the council of states the deputy chairman, or, if he is also absent, such person as may be determined by the rules of procedure of the council, or, if no such person is present, such other person as may be determined by the council, shall act as chairman. 92. the chairman or the deputy chairman not to preside while a resolution for his removal from office is under consideration at any sitting of the council of states, while any resolution for the removal of the vice-president from his office is under consideration, the chairman, or while any resolution for the removal of the deputy chairman from his office is under consideration, the deputy chairman, shall not, though he is present, preside, and the provisions of clause (2) of article 91 shall apply in relation to every such sitting as they apply in relation to a sitting from which the chairman, or, as the case may be, the deputy chairman, is absent. the chairman shall have the right to speak in, and otherwise to take part in the proceedings of, the council of states while any resolution for the removal of the vice-president from his office is under consideration in the council, but, notwithstanding anything in article 100 shall not be entitled to vote at all on such resolution or on any other matter during such proceedings. 93. the speaker and deputy speaker of the house of the people the house of the people shall, as soon as may be, choose two members of the house to be respectively speaker and deputy speaker thereof and, so often as the office of speaker or deputy speaker becomes vacant, the house shall choose another member to be speaker or deputy speaker, as the case may be. 94. vacation and resignation of, and removal from, the offices of speaker and deputy speaker a member holding office as speaker or deputy speaker of the house of the peopleshall vacate his office if he ceases to be a member of the house of the people; may at any time, by writing under his hand addressed, if such member is the speaker, to the deputy speaker, and if such member is the deputy speaker, to the speaker, resign his office; and may be removed from his office by a resolution of the house of the people passed by a majority of all the then members of the house: provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution: provided further that, whenever the house of the people is dissolved, the speaker shall not vacate his office until immediately before the first meeting of the house of the people after the dissolution. 95. power of the deputy speaker or other person to perform the duties of the office of, or to act as, speaker while the office of speaker is vacant, the duties of the office shall be performed by the deputy speaker or, if the office of deputy speaker is also vacant, by such member of the house of the people as the president may appoint for the purpose. during the absence of the speaker from any sitting of the house of the people the deputy speaker or, if he is also absent, such person as may be determined by the rules of procedure of the house, or, if no such person is present, such other person as may be determined by the house, shall act as speaker. 96. the speaker or the deputy speaker not to preside while a resolution for his removal from office is under consideration at any sitting of the house of the people, while any resolution for the removal of the speaker from his office is under consideration, the speaker, or while any resolution for the removal of the deputy speaker from his office is under consideration, the deputy speaker, shall not, though he is present, preside, and the provisions of clause (2) of article 95 shall apply in relation to every such sitting as they apply in relation to a sitting from which the speaker, or, as the case may be, the deputy speaker, is absent. the speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the house of the people while any resolution for his removal from office is under consideration in the house and shall, notwithstanding anything in article 100, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes. 97. salaries and allowances of the chairman and deputy chairman and the speaker and deputy speaker there shall be paid to the chairman and the deputy chairman of the council of states, and to the speaker and the deputy speaker of the house of the people, such salaries and allowances as may be respectively fixed by parliament by law and, until provision in that behalf is so made, such salaries and allowances as are specified in the second schedule. 98. secretariat of parliament each house of parliament shall have a separate secretarial staff: provided that nothing in this clause shall be construed as preventing the creation of posts common to both houses of parliament. parliament may by law regulate the recruitment and the conditions of service of persons appointed, to the secretarial staff of either house of parliament. until provision is made by parliament under clause (2), the president may, after consultation with the speaker of the house of the people or the chairman of the council of states, as the case may be, make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the house of the people or the council of states, and any rules so made shall have effect subject to the provisions of any law made under the said clause. conduct of business 99. oath or affirmation by members every member of either house of parliament shall, before taking his seat, make and subscribe before the president, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the third schedule. 100. voting in houses, power of houses to act notwithstanding vacancies and quorum save as otherwise provided in this constitution, all questions at any sitting of either house or joint sitting of the houses shall be determined by a majority of votes of the members present and voting, other than the speaker or person acting as chairman or speaker. the chairman or speaker, or person acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes. either house of parliament shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in parliament shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings. until parliament by law otherwise provides, the quorum to constitute a meeting of either house of parliament shall be one-tenth of the total number of members of the house. if at any time during a meeting of a house there is no quorum, it shall be the duty of the chairman or speaker, or person acting as such, either to adjourn the house or to suspend the meeting until there is a quorum. disqualifications of members 101. vacation of seats no person shall be a member of both houses of parliament and provision shall be made by parliament by law for the vacation by a person who is chosen a member of both houses of his seat in one house or the other. no person shall be a member both of parliament and of a house of the legislature of a state, and if a person is chosen a member both of parliament and of a house of the legislature of a state, then, at the expiration of such period as may be specified in rules made by the president, that person's seat in parliament shall become vacant, unless he has previously resigned his seat in the legislature of the state. if a member of either house of parliamentbecomes subject to any of the disqualifications mentioned in clause (1) or clause (2) of article 102; or resigns his seat by writing under his hand addressed to the chairman or the speaker, as the case may be, and his resignation is accepted by the chairman or the speaker, as the case may be, his seat shall thereupon become vacant: provided that in the case of any resignation referred to in sub-clause (b), if from information received or otherwise and after making such inquiry as he thinks fit, the chairman or the speaker, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation. if for a period of sixty days a member of either house of parliament is without permission of the house absent from all meetings thereof, the house may declare his seat vacant: provided that in computing the said period of sixty days no account shall be taken of any period during which the house is prorogued or is adjourned for more than four consecutive days. 102. disqualifications for membership a person shall be disqualified for being chosen as, and for being, a member of either house of parliamentif he holds any office of profit under the government of india or the government of any state, other than an office declared by parliament by law not to disqualify its holder; if he is of unsound mind and stands so declared by a competent court; if he is an undischarged insolvent; if he is not a citizen of india, or has voluntarily acquired the citizenship of a foreign state, or is under any acknowledgment of allegiance or adherence to a foreign state; if he is so disqualified by or under any law made by parliament. explanation for the purposes of this clause a person shall not be deemed to hold an office of profit under the government of india or the government of any state by reason only that he is a minister either for the union or for such state. a person shall be disqualified for being a member of either house of parliament if he is so disqualified under the tenth schedule. 103. decision on questions as to disqualifications of members if any question arises as to whether a member of either house of parliament has become subject to any of the disqualifications mentioned in clause (1) of article 102, the question shall be referred for the decision of the president and his decision shall be final. before giving any decision on any such question, the president shall obtain the opinion of the election commission and shall act according to such opinion. 104. penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified if a person sits or votes as a member of either house of parliament before he has complied with the requirements of article 99, or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by parliament, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the union. powers privileges and immunities of parliament and its members 105. powers, privileges, etc., of the houses of parliament and of the members and committees thereof subject to the provisions of this constitution and to the rules and standing orders regulating the procedure of parliament, there shall be freedom of speech in parliament. no member of parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either house of parliament of any report, paper, votes or proceedings. 3. in other respects, the powers, privileges and immunities of each house of parliament, and of the members and the committees of each house, shall be such as may from time to time be defined by parliament by law, and, until so defined, shall be those of that house and of its members and committees immediately before the coming into force of section 15 of the constitution (forty-fourth amendment) act, 1978. the provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this constitution have the right to speak in, and otherwise to take part in the proceedings of, a house of parliament or any committee thereof as they apply in relation to members of parliament. 106. salaries and allowances of members members of either house of parliament shall be entitled to receive such salaries and allowances as may from time to time be determined by parliament by law and, until provision in that respect is so made, allowances at such rates and upon such conditions as were immediately before the commencement of this constitution applicable in the case of members of the constituent assembly of the dominion of india. legislative procedure 107. provisions as to introduction and passing of bills subject to the provisions of articles 109 and 117 with respect to money bills and other financial bills, a bill may originate in either house of parliament. subject to the provisions of articles 108 and 109, a bill shall not be deemed to have been passed by the houses of parliament unless it has been agreed to by both houses, either without amendment or with such amendments only as are agreed to by both houses. a bill pending in parliament shall not lapse by reason of the prorogation of the houses. a bill pending in the council of states which has not been passed by the house of the people shall not lapse on a dissolution of the house of the people. a bill which is pending in the house of the people, or which having been passed by the house of the people is pending in the council of states, shall, subject to the provisions of article 108, lapse on a dissolution of the house of the people. 108. joint sitting of both houses in certain cases if after a bill has been passed by one house and transmitted to the other housethe bill is rejected by the other house; or the houses have finally disagreed as to the amendments to be made in the bill; or more than six months elapse from the date of the reception of the bill by the other house without the bill being passed by it, the president may, unless the bill has elapsed by reason of a dissolution of the house of the people, notify to the houses by message if they are sitting or by public notification if they are not sitting, his intention to summon them to meet in a joint sitting for the purpose of deliberating and voting on the bill: provided that nothing in this clause shall apply to a money bill. in reckoning any such period of six months as is referred to in clause (1) no account shall be taken of any period during which the house referred to in sub-clause (c) of that clause is prorogued or adjourned for more than four consecutive days. where the president has under clause (1) notified his intention of summoning the houses to meet in a joint sitting, neither house shall proceed further with the bill, but the president may at any time after the date of his notification summon the houses to meet in a joint sitting for the purpose specified in the notification and, if he does so, the houses shall meet accordingly. 4. if at the joint sitting of the two houses the bill, with such amendments, if any, as are agreed to in joint sitting, is passed by a majority of the total number of members of both houses present and voting, it shall be deemed for the purposes of this constitution to have been passed by both houses: provided that at a joint sittingif the bill, having been passed by one house, has not been passed by the other house with amendments and returned to the house in which it originated, no amendment shall be proposed to the bill other than such amendments (if any) as are made necessary by the delay in the passage of the bill; if the bill has been so passed and returned, only such amendments as aforesaid shall be proposed to the bill and such other amendments as are relevant to the matters with respect to which the houses have not agreed, and the decision of the person presiding as to the amendments which are admissible under this clause shall be final. a joint sitting may be held under this article and a bill passed thereat, notwithstanding that a dissolution of the house of the people has intervened since the president notified his intention to summon the houses to meet therein. 109. special procedure in respect of money bills a money bill shall not be introduced in the council of states. after a money bill has been passed by the house of the people it shall be transmitted to the council of states for its recommendations and the council of states shall within a period of fourteen days from the date of its receipt of the bill return the bill to the house of the people with its recommendations and the house of the people may thereupon either accept or reject all or any of the recommendations of the council of states. if the house of the people accepts any of the recommendations of the council of states, the money bill shall be deemed to have been passed by both houses with the amendments recommended by the council of states and accepted by the house of the people. if the house of the people does not accept any of the recommendations of the council of states, the money bill shall be deemed to have been passed by both houses in the form in which it was passed by the house of the people without any of the amendments recommended by the council of states. if a money bill passed by the house of the people and transmitted to the council of states for its recommendations is not returned to the house of the people within the said period of fourteen days, it shall be deemed to have been passed by both houses at the expiration of the said period in the form in which it was passed by the house of the people. 110. definition of "money bills for the purposes of this chapter, a bill shall be deemed to be a money bill if it contains only provisions dealing with all or any of the following matters, namely:the imposition, abolition, remission, alteration or regulation of any tax; the regulation of the borrowing of money or the giving of any guarantee by the government of india, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the government of india; the custody of the consolidated fund or the contingency fund of india, the payment of moneys into or the withdrawal of moneys from any such fund; the appropriation of moneys out of the consolidated fund of india; the declaring of any expenditure to be expenditure charged on the consolidated fund of india or the increasing of the amount of any such expenditure; the receipt of money on account of the consolidated fund of india or the public account of india or the custody or issue of such money or the audit of the accounts of the union or of a state; or any matter incidental to any of the matters specified in sub-clauses (a)to (f). a bill shall not be deemed to be a money bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes. if any question arises whether a bill is a money bill or not, the decision of the speaker of the house of the people thereon shall be final. there shall be endorsed on every money bill when it is transmitted to the council of states under article 109, and when it is presented to the president for assent under article 111, the certificate of the speaker of the house of the people signed by him that it is a money bill. 111. assent to bills when a bill has been passed by the houses of parliament, it shall be presented to the president, and the president shall declare either that he assents to the bill, or that he withholds assent therefrom: provided that the president may, as soon as possible after the presentation to him of a bill for assent, return the bill if it is not a money bill to the houses with a message requesting that they will reconsider the bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message, and when a bill is so returned, the houses shall reconsider the bill accordingly, and if the bill is passed again by the houses with or without amendment and presented to the president for assent, the president shall not withhold assent therefrom. procedure in financial matters 112. annual financial statement the president shall in respect of every financial year cause to be laid before both the houses of parliament a statement of the estimated receipts and expenditure of the government of india for that year, in this part referred to as the "annual financial statement". the estimates of expenditure embodied in the annual financial statement shall show separatelythe sums required to meet expenditure described by this constitution as expenditure charged upon the consolidated fund of india; and the sums required to meet other expenditure proposed to be made from the consolidated fund of india, and shall distinguish expenditure on revenue account from other expenditure. the following expenditure shall be expenditure charged on the consolidated fund of indiathe emoluments and allowances of the president and other expenditure relating to his office; the salaries and allowances of the chairman and the deputy chairman of the council of states and the speaker and the deputy speaker of the house of the people; debt charges for which the government of india is liable including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt; the salaries, allowances and pensions payable to or in respect of judges of the supreme court: the pensions payable to or in respect of judges of the federal court; the pensions payable to or in respect of judges of any high court which exercises jurisdiction in relation to any area included in the territory of india or which at any time before the commencement of this constitution exercised jurisdiction in relation to any area included in a governor's province of the dominion of india; the salary, allowances and pension payable to or in respect of the comptroller and auditor-general of india; any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal; any other expenditure declared by this constitution or by parliament by law to be so charged. 113. procedure in parliament with respect to estimates so much of the estimates as relates to expenditure charged upon the consolidated fund of india shall not be submitted to the vote of parliament, but nothing in this clause shall be construed as preventing the discussion in either house of parliament of any of those estimates. so much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the house of the people, and the house of the people shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein. no demand for a grant shall be made except on the recommendation of the president. 114. appropriation bills as soon as may be after the grants under article 113 have been made by the house of the people, there shall be introduced a bill to provide for the appropriation out of the consolidated fund of india of all moneys required to meetthe grants so made by the house of the people; and the expenditure charged on the consolidated fund of india but not exceeding in any case the amount shown in the statement previously laid before parliament. no amendment shall be proposed to any such bill in either house of parliament which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the consolidated fund of india, and the decision of the person presiding as to whether an amendment is inadmissible under this clause shall be final. subject to the provisions of articles 115 and 116, no money shall be withdrawn from the consolidated fund of india except under appropriation made by law passed in accordance with the provisions of this article. 115. supplementary, additional or excess grants the president shallif the amount authorised by any law made in accordance with the provisions of article 114 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year, or if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year, cause to be laid before both the houses of parliament another statement showing the estimated amount of that expenditure or cause to be presented to the house of the people a demand for such excess, as the case may be. the provisions of articles 112, 113 and 114 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the consolidated fund of india to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the consolidated fund of india to meet such expenditure or grant. 116. votes on account, votes of credit and exceptional grants notwithstanding anything in the foregoing provisions of this chapter, the house of the people shall have powerto make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in article 113 for the voting of such grant and the passing of the law in accordance with the provisions of article 114 in relation to that expenditure; to make a grant for meeting an unexpected demand upon the resources of india when on account of the magnitude or the indefinite character of the service the demand cannot be stated with the details ordinarily given in an annual financial statement; to make an exceptional grant which forms no part of the current service of any financial year, and parliament shall have power to authorise by law the withdrawal of moneys from the consolidated fund of india for the purposes for which the said grants are made. the provisions of articles 113 and 114 shall have effect in relation to the making of any grant under clause (1) and to any law to be made under that clause as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of the consolidated fund of india to meet such expenditure. 117. special provisions as to financial bills a bill or amendment making provision for any of the matters specified in sub-clauses (a) to (f) of clause (1) of article 110 shall not be introduced or moved except on the recommendation of the president and a bill making such provision shall not be introduced in the council of states: provided that no recommendation shall be required under this clause for the moving of an amendment making provision for the reduction or abolition of any tax. a bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes. a bill which, if enacted and brought into operation, would involve expenditure from the consolidated fund of india shall not be passed by either house of parliament unless the president has recommended to that house the consideration of the bill. procedure generally 118. rules of procedure each house of parliament may make rules for regulating, subject to the provisions of this constitution, its procedure and the conduct of its business. until rules are made under clause (1), the rules of procedure and standing orders in force immediately before the commencement of this constitution with respect to the legislature of the dominion of india shall have effect in relation to parliament subject to such modifications and adaptations as may be made therein by the chairman of the council of states or the speaker of the house of the people, as the case may be. the president, after consultation with the chairman of the council of states and the speaker of the house of the people, may make rules as to the procedure with respect to joint sittings of, and communications between, the two houses. at a joint sitting of the two houses the speaker of the house of people, or in his absence such person as may be determined by rules of procedure made under clause (3), shall preside. 119. regulation by law of procedure in parliament in relation to financial business parliament may, for the purpose of the timely completion of financial business, regulate by law the procedure of, and the conduct of business in, each house of parliament in relation to any financial matter or to any bill for the appropriation of moneys out of the consolidated fund of india, and, if and so far as any provision of any law so made is inconsistent with any rule made by a house of parliament under clause (1) of article 118 or with any rule or standing order having effect in relation to parliament under clause (2) of that article, such provision shall prevail. 120. language to be used in parliament notwithstanding anything in part xvii, but subject to the provisions of article 348, business in parliament shall be transacted in hindi or in english: provided that the chairman of the council of states or speaker of the house of the people, or person acting as such, as the case may be, may permit any member who cannot adequately express himself in hindi or in english to address the house in his mother tongue. unless parliament by law otherwise provides, this article shall, after the expiration of a period of fifteen years from the commencement of this constitution, have effect as if the words "or in english" were omitted therefrom. 121. restriction on discussion in parliament no discussion shall take place in parliament with respect to the conduct of any judge of the supreme court or of a high court in the discharge of his duties except upon a motion for presenting an address to the president praying for the removal of the judge as hereinafter provided. 122. courts not to inquire into proceedings of parliament the validity of any proceedings in parliament shall not be called in question on the ground of any alleged irregularity of procedure. no officer or member of parliament in whom powers are vested by or under this constitution for regulating procedure or the conduct of business, or for maintaining order, in parliament shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers. chapter iii. legislative powers of the president 123. power of president to promulgate ordinances during recess of parliament if at any time, except when both houses of parliament are in session, the president is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinances as the circumstances appear to him to require. an ordinance promulgated under this article shall have the same force and effect as an act of parliament, but every such ordinanceshall be laid before both houses of parliament and shall cease to operate at the expiration of six weeks from the reassembly of parliament, or, if before the expiration of that period resolutions disapproving it are passed by both houses, upon the passing of the second of those resolutions; and may be withdrawn at any time by the president. explanation. where the houses of parliament are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause. if and so far as an ordinance under this article makes any provision which parliament would not under this constitution be competent to enact, it shall be void. chapter iv. the union judiciary 124. establishment and constitution of supreme court there shall be a supreme court of india consisting of a chief justice of india and, until parliament by law prescribes a larger number, of not more than seven other judges. every judge of the supreme court shall be appointed by the president by warrant under his hand and seal on the recommendation of the national judicial appointments commission referred to in article 124a and shall hold office until he attains the age of sixty-five years: provided thata judge may, by writing under his hand addressed to the president, resign his office; a judge may be removed from his office in the manner provided in clause (4). the age of a judge of the supreme court shall be determined by such authority and in such manner as parliament may by law provide. a person shall not be qualified for appointment as a judge of the supreme court unless he is a citizen of india andhas been for at least five years a judge of a high court or of two or more such courts in succession; or has been for at least ten years an advocate of a high court or of two or more such courts in succession; or is, in the opinion of the president, a distinguished jurist. explanation i in this clause "high court" means a high court which exercises, or which at any time before the commencement of this constitution exercised, jurisdiction in any part of the territory of india. explanation ii in computing for the purpose of this clause the period during which a person has been an advocate, any period during which a person has held judicial office not inferior to that of a district judge after he became an advocate shall be included. a judge of the supreme court shall not be removed from his office except by an order of the president passed after an address by each house of parliament supported by a majority of the total membership of that house and by a majority of not less than two thirds of the members of that house present and voting has been presented to the president in the same session for such removal on the ground of proved misbehaviour or incapacity. parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of a judge under clause (4). 6. every person appointed to be a judge of the supreme court shall, before he enters upon his office, make and subscribe before the president, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the third schedule. no person who has held office as a judge of the supreme court shall plead or act in any court or before any authority within the territory of india. 124a. there shall be a commission to be known as the national judicial appointments commission consisting of the following, namely:-the chief justice of india, chairperson, ex officio; two other senior judges of the supreme court next to the chief justice of india --members, ex officio; the union minister in charge of law and justice--member, ex officio; two eminent persons to be nominated by the committee consisting of the prime minister, the chief justice of india and the leader of opposition in the house of the people or where there is no such leader of opposition, then, the leader of single largest opposition party in the house of the people -members: provided that one of the eminent person shall be nominated from amongst the persons belonging to the scheduled castes, the scheduled tribes, other backward classes, minorities or women: provided further that an eminent person shall be nominated for a period of three years and shall not be eligible for renomination. no act or proceedings of the national judicial appointments commission shall be questioned or be invalidated merely on the ground of the existence of any vacancy or defect in the constitution of the commission. 124b. it shall be the duty of the national judicial appointments commission to-recommend persons for appointment as chief justice of india, judges of the supreme court, chief justices of high courts and other judges of high courts; recommend transfer of chief justices and other judges of high courts from one high court to any other high court; and ensure that the person recommended is of ability and integrity. 124c. parliament may, by law, regulate the procedure for the appointment of chief justice of india and other judges of the supreme court and chief justices and other judges of high courts and empower the commission to lay down by regulations the procedure for the discharge of its functions, the manner of selection of persons for appointment and such other matters as may be considered necessary by it. 125. salaries, etc., of judges there shall be paid to the judges of the supreme court such salaries as may be determined by parliament by law and, until provision in that behalf is so made, such salaries as are specified in the second schedule. every judge shall be entitled to such privileges and allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by parliament and, until so determined, to such privileges, allowances and rights as are specified in the second schedule: provided that neither the privileges nor the allowances of a judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment. 126. appointment of acting chief justice when the office of chief justice of india is vacant or when the chief justice is, by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other judges of the court as the president may appoint for the purpose. 127. appointment of ad hoc judges if at any time there should not be a quorum of the judges of the supreme court available to hold or continue any session of the court, the national judicial appointments commission on a reference made to it by the chief justice of india, may with the previous consent of the president and after consultation with the chief justice of the high court concerned, request in writing the attendance at the sittings of the court, as an ad hoc judge, for such period as may be necessary, of a judge of a high court duly qualified for appointment as a judge of the supreme court to be designated by the chief justice of india. it shall be the duty of the judge who has been so designated, in priority to other duties of his office to attend the sittings of the supreme court at the time and for the period for which his attendance is required, and while so attending he shall have all the jurisdiction, powers and privileges, and shall discharge the duties, of a judge of the supreme court. 128. attendance of retired judges at sittings of the supreme court notwithstanding anything in this chapter, the national judicial appointments commission may at any time, with the previous consent of the president, request any person who has held the office of a judge of the supreme court or of the federal court or who has held the office of a judge of a high court and is duly qualified for appointment as a judge of the supreme court to sit and act as a judge of the supreme court, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the president may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a judge of that court: provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a judge of that court unless he consents so to do. 129. supreme court to be a court of record the supreme court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself. 130. seat of supreme court the supreme court shall sit in delhi or in such other place or places, as the chief justice of india may, with the approval of the president, from time to time, appoint. 131. original jurisdiction of the supreme court subject to the provisions of this constitution, the supreme court shall, to the exclusion of any other court, have original jurisdiction in any disputebetween the government of india and one or more states; or between the government of india and any state or states on one side and one or more other states on the other; or between two or more states, if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends: provided that the said jurisdiction shall not extend to a dispute arising out of any treaty, agreement, covenant, engagement, sanad or other similar instrument which, having been entered into or executed before the commencement of this constitution, continues in operation after such commencement, or which provides that the said jurisdiction shall not extend to such a dispute. 131a. executive jurisdiction of the supreme court in regard to questions as to constitutional validity of central laws rep. by the constitution (forty-third amendment) act, 1977, s. 4(w.e.f. 13-4-1978). 132. appellate jurisdiction of supreme court in appeals from high courts in certain cases an appeal shall lie to the supreme court from any judgment, decree or final order of a high court in the territory of india, whether in a civil, criminal or other proceeding, if the high court certifies under article 134a that the case involves a substantial question of law as to the interpretation of this constitution. [omitted by s. 17, ibid. (w.e.f. 1-8-1979).] where such a certificate is given, any party in the case may appeal to the supreme court on the ground that any such question as aforesaid has been wrongly decided. explanation for the purposes of this article, the expression "final order" includes an order deciding an issue which, if decided in favour of the appellant, would be sufficient for the final disposal of the case. 133. appellate jurisdiction of supreme court in appeals from high courts in regard to civil matters an appeal shall lie to the supreme court from any judgment, decree or final order in a civil proceeding of a high court in the territory of india if the high court certifies under article 134athat the case involves a substantial question of law of general importance; and that in the opinion of the high court the said question needs to be decided by the supreme court. 2. notwithstanding anything in article 132, any party appealing to the supreme court under clause (1) may urge as one of the grounds in such appeal that a substantial question of law as to the interpretation of this constitution has been wrongly decided. notwithstanding anything in this article, no appeal shall, unless parliament by law otherwise provides, lie to the supreme court from the judgment, decree or final order of one judge of a high court. 134. appellate jurisdiction of supreme court in regard to criminal matters an appeal shall lie to the supreme court from any judgment, final order or sentence in a criminal proceeding of a high court in the territory of india if the high courthas on appeal reversed an order of acquittal of an accused person and sentenced him to death; or has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or certifies under article 134a that the case is a fit one for appeal to the supreme court: provided that an appeal under sub-clause (c) shall lie subject to such provisions as may be made in that behalf under clause (1) of article 145 and to such conditions as the high court may establish or require. parliament may by law confer on the supreme court any further powers to entertain and hear appeals from any judgment, final order or sentence in a criminal proceeding of a high court in the territory of india subject to such conditions and limitations as may be specified in such law. 134a. certificate for appeal to the supreme court every high court, passing or making a judgment, decree, final order, or sentence, referred to in clause (1) of article 132 or clause (1) of article 133, or clause (1) of article 134,may, if it deems fit so to do, on its own motion; and shall, if an oral application is made, by or on behalf of the party aggrieved, immediately after the passing or making of such judgment, decree, final order or sentence, determine, as soon as may be after such passing or making, the question whether a certificate of the nature referred to in clause (1) of article 132, or clause (1) of article 133 or, as the case may be, sub-clause (c) of clause (1) of article 134, may be given in respect of that case. 135. jurisdiction and powers of the federal court under existing law to be exercisable by the supreme court until parliament by law otherwise provides, the supreme court shall also have jurisdiction and powers with respect to any matter to which the provisions of article 133 or article 134 do not apply if jurisdiction and powers in relation to that matter were exercisable by the federal court immediately before the commencement of this constitution under any existing law. 136. special leave to appeal by the supreme court notwithstanding anything in this chapter, the supreme court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of india. nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the armed forces. 137. review of judgments or orders by the supreme court subject to the provisions of any law made by parliament or any rules made under article 145, the supreme court shall have power to review any judgment pronounced or order made by it. 138. enlargement of the jurisdiction of the supreme court the supreme court shall have such further jurisdiction and powers with respect to any of the matters in the union list as parliament may by law confer. the supreme court shall have such further jurisdiction and powers with respect to any matter as the government of india and the government of any state may by special agreement confer; if parliament by law provides for the exercise of such jurisdiction and powers by the supreme court. 139. conferment on the supreme court of powers to issue certain writs parliament may by law confer on the supreme court power to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for any purposes other than those mentioned in clause (2) of article 32. 139a. transfer of certain cases where cases involving the same or substantially the same questions of law are pending before the supreme court and one or more high courts or before two or more high courts and the supreme court is satisfied on its own motion or on an application made by the attorney-general of india or by a party to any such case that such questions are substantial questions of general importance, the supreme court may withdraw the case or cases pending before the high court or the high courts and dispose of all the cases itself: provided that the supreme court may after determining the said questions of law return any case so withdrawn together with a copy of its judgment on such questions to the high court from which the case has been withdrawn, and the high court shall on receipt thereof, proceed to dispose of the case in conformity with such judgment. the supreme court may, if it deems it expedient so to do for the ends of justice, transfer any case, appeal or other proceedings pending before any high court to any other high court. 140. ancillary powers of supreme court parliament may by law make provision for conferring upon the supreme court such supplemental powers not inconsistent with any of the provisions of this constitution as may appear to be necessary or desirable for the purpose of enabling the court more effectively to exercise the jurisdiction conferred upon it by or under this constitution. 141. law declared by supreme court to be binding on all courts the law declared by the supreme court shall be binding on all courts within the territory of india. 142. enforcement of decrees and orders of supreme court and orders as to discovery, etc the supreme court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of india in such manner as may be prescribed by or under any law made by parliament and, until provision in that behalf is so made, in such manner as the president may by order prescribe. subject to the provisions of any law made in this behalf by parliament, the supreme court shall, as respects the whole of the territory of india, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself. 143. power of president to consult supreme court if at any time it appears to the president that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the supreme court upon it, he may refer the question to that court for consideration and the court may, after such hearing as it thinks fit, report to the president its opinion thereon. the president may, notwithstanding anything in the proviso to article 131, refer a dispute of the kind mentioned in the said proviso to the supreme court for opinion and the supreme court shall, after such hearing as it thinks fit, report to the president its opinion thereon. 144. civil and judicial authorities to act in aid of the supreme court all authorities, civil and judicial, in the territory of india shall act in aid of the supreme court. 144a. special provisions as to disposal of questions relating to constitutional validity of laws rep. by the constitution (forty-third amendment) act, 1977, s. 5(w.e.f. 13-4-1978). 145. rules of court, etc subject to the provisions of any law made by parliament, the supreme court may from time to time, with the approval of the president, make rules for regulating generally the practice and procedure of the court includingrules as to the persons practising before the court; rules as to the procedure for hearing appeals and other matters pertaining to appeals including the time within which appeals to the court are to be entered; rules as to the proceedings in the court for the enforcement of any of the rights conferred by part iii; rules as to the proceedings in the court under article 139a: rules as to the entertainment of appeals under sub-clause (c) of clause (1) of article 134; rules as to the conditions subject to which any judgment pronounced or order made by the court may be reviewed and the procedure for such review including the time within which applications to the court for such review are to be entered; rules as to the costs of and incidental to any proceedings in the court and as to the fees to be charged in respect of proceedings therein; rules as to the granting of bail; rules as to stay of proceedings; rules providing for the summary determination of any appeal which appears to the court to be frivolous or vexatious or brought for the purpose of delay; rules as to the procedure for inquiries referred to in clause (1) of article 317. subject to the provisions of clause(3), rules made under this article may fix the minimum number of judges who are to sit for any purpose, and may provide for the powers of single judges and division courts. the minimum number of judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of this constitution or for the purpose of hearing any reference under article 143 shall be five: provided that, where the court hearing an appeal under any of the provisions of this chapter other than article 132 consists of less than five judges and in the course of the hearing of the appeal the court is satisfied that the appeal involves a substantial question of law as to the interpretation of this constitution the determination of which is necessary for the disposal of the appeal, such court shall refer the question for opinion to a court constituted as required by this clause for the purpose of deciding any case involving such a question and shall on receipt of the opinion dispose of the appeal in conformity with such opinion. no judgment shall be delivered by the supreme court save in open court, and no report shall be made under article 143 save in accordance with an opinion also delivered in open court. no judgment and no such opinion shall be delivered by the supreme court save with the concurrence of a majority of the judges present at the hearing of the case, but nothing in this clause shall be deemed to prevent a judge who does not concur from delivering a dissenting judgment or opinion. 146. officers and servants and the expenses of the supreme court appointments of officers and servants of the supreme court shall be made by the chief justice of india or such other judge or officer of the court as he may direct: provided that the president may by rule require that in such cases as may be specified in the rule, no person not already attached to the court shall be appointed to any office connected with the court, save after consultation with the union public service commission. subject to the provisions of any law made by parliament, the conditions of service of officers and servants of the supreme court shall be such as may be prescribed by rules made by the chief justice of india or by some other judge or officer of the court authorised by the chief justice of india to make rules for the purpose: provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the president. the administrative expenses of the supreme court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the court, shall be charged upon the consolidated fund of india, and any fees or other moneys taken by the court shall form part of that fund. 147. interpretation in this chapter and in chapter v of part vi, references to any substantial question of law as to the interpretation of this constitution shall be construed as including references to any substantial question of law as to the interpretation of the government of india act, 1935 (including any enactment amending or supplementing that act), or of any order in council or order made thereunder, or of the indian independence act, 1947, or of any order made thereunder. chapter v. comptroller and auditor-general of india 148. comptroller and auditor-general of india there shall be a comptroller and auditor-general of india who shall be appointed by the president by warrant under his hand and seal and shall only be removed from office in like manner and on the like grounds as a judge of the supreme court. every person appointed to be the comptroller and auditor-general of india shall, before he enters upon his office, make and subscribe before the president, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the third schedule. the salary and other conditions of service of the comptroller and auditor-general shall be such as may be determined by parliament by law and, until they are so determined, shall be as specified in the second schedule: provided that neither the salary of a comptroller and auditor-general nor his rights in respect of leave of absence, pension or age of retirement shall be varied to his disadvantage after his appointment. the comptroller and auditor-general shall not be eligible for further office either under the government of india or under the government of any state after he has ceased to hold his office. subject to the provisions of this constitution and of any law made by parliament, the conditions of service of persons serving in the indian audit and accounts department and the administrative powers of the comptroller and auditor-general shall be such as may be prescribed by rules made by the president after consultation with the comptroller and auditor-general. the administrative expenses of the office of the comptroller and auditor-general, including all salaries, allowances and pensions payable to or in respect of persons serving in that office, shall be charged upon the consolidated fund of india. 149. duties and powers of the comptroller and auditor-general the comptroller and auditor-general shall perform such duties and exercise such powers in relation to the accounts of the union and of the states and of any other authority or body as may be prescribed by or under any law made by parliament and, until provision in that behalf is so made, shall perform such duties and exercise such powers in relation to the accounts of the union and of the states as were conferred on or exercisable by the auditor-general of india immediately before the commencement of this constitution in relation to the accounts of the dominion of india and of the provinces respectively. 150. form of accounts of the union and of the states the accounts of the union and of the states shall be kept in such form as the president may, on the advice of the comptroller and auditor-general of india, prescribe. 151. audit reports the reports of the comptroller and auditor-general of india relating to the accounts of the union shall be submitted to the president, who shall cause them to be laid before each house of parliament. the reports of the comptroller and auditor-general of india relating to the accounts of a state shall be submitted to the governor of the state, who shall cause them to be laid before the legislature of the state. part vi. the states chapter i. general 152. definition in this part, unless the context otherwise requires, the expression "state" does not include the state of jammu and kashmir. chapter ii. the executive the governor 153. governors of states there shall be a governor for each state: provided that nothing in this article shall prevent the appointment of the same person as governor for two or more states. 154. executive power of state the executive power of the state shall be vested in the governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this constitution. nothing in this article shallbe deemed to transfer to the governor any functions conferred by any existing law on any other authority; or prevent parliament or the legislature of the state from conferring by law functions on any authority subordinate to the governor. 155. appointment of governor the governor of a state shall be appointed by the president by warrant under his hand and seal. 156. term of office of governor the governor shall hold office during the pleasure of the president. the governor may, by writing under his hand addressed to the president, resign his office. subject to the foregoing provisions of this article, a governor shall hold office for a term of five years from the date on which he enters upon his office: provided that a governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. 157. qualifications for appointment as governor no person shall be eligible for appointment as governor unless he is a citizen of india and has completed the age of thirty-five years. 158. conditions of governor's office the governor shall not be a member of either house of parliament or of a house of the legislature of any state specified in the first schedule, and if a member of either house of parliament or of a house of the legislature of any such state be appointed governor, he shall be deemed to have vacated his seat in that house on the date on which he enters upon his office as governor. the governor shall not hold any other office of profit the governor shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the second schedule. where the same person is appointed as governor of two or more states, the emoluments and allowances payable to the governor shall be allocated among the states in such proportion as the president may by order determine. the emoluments and allowances of the governor shall not be diminished during his term of office. 159. oath or affirmation by the governor every governor and every person discharging the functions of the governor shall, before entering upon his office, make and subscribe in the presence of the chief justice of the high court exercising jurisdiction in relation to the state, or, in his absence, the senior most judge of that court available, an oath or affirmation in the following form, that is to say"i, a.b., do swear in the name of god/solemnly affirm that i will faithfully execute the office of governor (or discharge the functions of the governor) of (name of the state) and will to the best of my ability preserve, protect and defend the constitution and the law and that i will devote myself to the service and well-being of the people of (name of the state)." 160. discharge of the functions of the governor in certain contingencies the president may make such provision as he thinks fit for the discharge of the functions of the governor of a state in any contingency not provided for in this chapter. 161. power of governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases the governor of a state shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the state extends. 162. extent of executive power of state subject to the provisions of this constitution, the executive power of a state shall extend to the matters with respect to which the legislature of the state has power to make laws: provided that in any matter with respect to which the legislature of a state and parliament have power to make laws, the executive power of the state shall be subject to, and limited by, the executive power expressly conferred by this constitution or by any law made by parliament upon the union or authorities thereof. council of ministers. 163. council of ministers to aid and advise governor there shall be a council of ministers with the chief minister at the head to aid and advise the governor in the exercise of his function, except in so far as he is by or under this constitution required to exercise his functions or any of them in his discretion. if any question arises whether any matter is or is not a matter as respects which the governor is by or under this constitution required to act in his discretion, the decision of the governor in his discretion shall be final, and the validity of anything done by the governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion. the question whether any, and if so what, advice was tendered by ministers to the governor shall not be inquired into in any court. 164. other provisions as to ministers the chief minister shall be appointed by the governor and the other ministers shall be appointed by the governor on the advice of the chief minister, and the ministers shall hold office during the pleasure of the governor: provided that in the states of chhattisgarh, jharkhand, madhya pradesh and orissa, there shall be a minister in charge of tribal welfare who may in addition be in charge of the welfare of the scheduled castes and backward classes or any other work. the total number of ministers, including the chief minister, in the council of ministers in a state shall not exceed fifteen percent of the total number of members of the legislative assembly of that state: provided that the number of ministers, including chief minister in a state shall not be less than twelve: provided further that where the total number of ministers including the chief minister in the council of ministers in any state at the commencement of the constitution (ninety-first amendment) act, 2003 exceeds the said fifteen per cent. or the number specified in the first proviso, as the case may be, then, the total number of ministers in that state shall be brought in conformity with the provisions of this clause within six months from such date as the president may by public notification appoint. a member of legislative assembly of a state or either house of the legislature of a state having legislative council belonging to any political party who is disqualified for being a member of that house under paragraph 2 of the tenth schedule shall also be disqualified to be appointed as a minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to the legislative assembly of a state or either house of the legislature of a state having legislative council, as the case may be, before the expiry of such period, till the date on which he is declared elected, whichever is earlier. the council of ministers shall be collectively responsible to the legislative assembly of the state. before a minister enters upon his office, the governor shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the third schedule. a minister who for any period of six consecutive months is not a member of the legislature of the state shall at the expiration of that period cease to be a minister. the salaries and allowances of ministers shall be such as the legislature of the state may from time to time by law determine and, until the legislature of the state so determines, shall be as specified in the second schedule. the advocate-general for the state. 165. advocate-general for the state the governor of each state shall appoint a person who is qualified to be appointed a judge of a high court to be advocate-general for the state. it shall be the duty of the advocate-general to give advice to the government of the state upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the governor, and to discharge the functions conferred on him by or under this constitution or any other law for the time being in force. the advocate-general shall hold office during the pleasure of the governor, and shall receive such remuneration as the governor may determine. conduct of government business 166. conduct of business of the government of a state all executive action of the government of a state shall be expressed to be taken in the name of the governor. orders and other instruments made and executed in the name of the governor shall be authenticated in such manner as may be specified in rules to be made by the governor, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the governor. the governor shall make rules for the more convenient transaction of the business of the government of the state, and for the allocation among ministers of the said business in so far as it is not business with respect to which the governor is by or under this constitution required to act in his discretion. 167. duties of chief minister as respects the furnishing of information to governor, etc it shall be the duty of the chief minister of each stateto communicate to the governor of the state all decisions of the council of ministers relating to the administration of the affairs of the state and proposals for legislation; to furnish such information relating to the administration of the affairs of the state and proposals for legislation as the governor may call for; and if the governor so requires, to submit for the consideration of the council of ministers any matter on which a decision has been taken by a minister but which has not been considered by the council. chapter iii. the state legislature general 168. constitution of legislatures in states for every state there shall be a legislature which shall consist of the governor, andin the states of, bihar, maharashtra, karnataka, and uttar pradesh, two houses; in other states, one house. where there are two houses of the legislature of a state, one shall be known as the legislative council and the other as the legislative assembly, and where there is only one house, it shall be known as the legislative assembly. 169. abolition or creation of legislative councils in states notwithstanding anything in article 168, parliament may by law provide for the abolition of the legislative council of a state having such a council or for the creation of such a council in a state having no such council, if the legislative assembly of the state passes a resolution to that effect by a majority of the total membership of the assembly and by a majority of not less than two-thirds of the members of the assembly present and voting. any law referred to in clause (1) shall contain such provisions for the amendment of this constitution as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions as parliament may deem necessary. no such law as aforesaid shall be deemed to be an amendment of this constitution for the purposes of article 368. 170. composition of the legislative assemblies subject to the provisions of article 333, the legislative assembly of each state shall consist of not more than five hundred, and not less than sixty, members chosen by direct election from territorial constituencies in the state. for the purposes of clause (1), each state shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the state. explanation in this clause, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published: provided that the reference in this explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2026 have been published, be construed as a reference to the 2001 census. upon the completion of each census, the total number of seats in the legislative assembly of each state and the division of each state into territorial constituencies shall be readjusted by such authority and in such manner as parliament may by law determine: provided that such readjustment shall not affect representation in the legislative assembly until the dissolution of the then existing assembly: provided further that such readjustment shall take effect from such date as the president may, by order, specify and until such readjustment takes effect, any election to the legislative assembly may be held on the basis of the territorial constituencies existing before such readjustment: provided also that until the relevant figures for the first census taken after the year 2026 have been published, it shall not be necessary to readjustthe total number of seats in the legislative assembly of each state as readjusted on the basis of the 1971 census; and the division of such state into territorial constituencies as may be readjusted on the basis of the 2001 census, under this clause. 171. composition of the legislative councils the total number of members in the legislative council of a state having such a council shall not exceed one-third of the total number of members in the legislative assembly of that state: provided that the total number of members in the legislative council of a state shall in no case be less than forty. 2. until parliament by law otherwise provides, the composition of the legislative council of a state shall be as provided in clause (3). of the total number of members of the legislative council of a stateas nearly as may be, one-third shall be elected by electorates consisting of members of municipalities, district boards and such other local authorities in the state as parliament may by law specify; as nearly as may be, one-twelfth shall be elected by electorates consisting of persons residing in the state who have been for at least three years graduates of any university in the territory of india or have been for at least three years in possession of qualifications prescribed by or under any law made by parliament as equivalent to that of a graduate of any such university; as nearly as may be, one-twelfth shall be elected by electorates consisting of persons who have been for at least three years engaged in teaching in such educational institutions within the state, not lower in standard than that of a secondary school, as may be prescribed by or under any law made by parliament; as nearly as may be, one-third shall be elected by the members of the legislative assembly of the state from amongst persons who are not members of the assembly; the remainder shall be nominated by the governor in accordance with the provisions of clause (5). the members to be elected under sub-clauses (a), (b) and (c) of clause (3) shall be chosen in such territorial constituencies as may be prescribed by or under any law made by parliament, and the elections under the said sub-clauses and under sub-clause (d) of the said clause shall be held in accordance with the system of proportional representation by means of the single transferable vote. the members to be nominated by the governor under sub-clause (c) of clause (3) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely:literature, science, art, co-operative movement and social service. 172. duration of state legislatures every legislative assembly of every state, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the assembly: provided that the said period may, while a proclamation of emergency is in operation, be extended by parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the proclamation has ceased to operate. the legislative council of a state shall not be subject to dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by parliament by law. 173. qualification for membership of the state legislature a person shall not be qualified to be chosen to fill a seat in the legislature of a state unless heis a citizen of india, and makes and subscribes before some person authorised in that behalf by the election commission an oath or affirmation according to the form set out for the purpose in the third schedule; is, in the case of a seat in the legislative assembly, not less than twenty-five years of age and, in the case of a seat in the legislative council, not less than thirty years of age; and possesses such other qualifications as may be prescribed in that behalf by or under any law made by parliament. 174. sessions of the state legislature, prorogation and dissolution the governor shall from time to time summon the house or each house of the legislature of the state to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session. the governor may from time to timeprorogue the house or either house; dissolve the legislative assembly. 175. right of governor to address and send messages to the house or houses the governor may address the legislative assembly or, in the case of a state having a legislative council, either house of the legislature of the state, or both houses assembled together, and may for that purpose require the attendance of members. the governor may send messages to the house or houses of the legislature of the state, whether with respect to a bill then pending in the legislature or otherwise, and a house to which any message is so sent shall with all convenient despatch consider any matter required by the message to be taken into consideration. 176. special address by the governor at the commencement of the first session after each general election to the legislative assembly and at the commencement of the first session of each year, the governor shall address the legislative assembly or, in the case of a state having a legislative council, both houses assembled together and inform the legislature of the causes of its summons. provision shall be made by the rules regulating the procedure of the house or either house for the allotment of time for discussion of the matters referred to in such address. 177. rights of ministers and advocate-general as respects the houses every minister and the advocate-general for a state shall have the right to speak in, and otherwise to take part in the proceedings of, the legislative assembly of the state or, in the case of a state having a legislative council, both houses, and to speak in, and otherwise to take part in the proceedings of, any committee of the legislature of which he may be named a member, but shall not, by virtue of this article, be entitled to vote. officers of the state legislature 178. the speaker and deputy speaker of the legislative assembly every legislative assembly of a state shall, as soon as may be, choose two members of the assembly to be respectively speaker and deputy speaker thereof and, so often as the office of speaker or deputy speaker becomes vacant, the assembly shall choose another member to be speaker or deputy speaker, as the case may be. 179. vacation and resignation of, and removal from, the offices of speaker and deputy speaker a member holding office as speaker or deputy speaker of an assemblyshall vacate his office if he ceases to be a member of the assembly; may at any time by writing under his hand addressed, if such member is the speaker, to the deputy speaker, and if such member is the deputy speaker, to the speaker, resign his office; and may be removed from his office by a resolution of the assembly passed by a majority of all the then members of the assembly: provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution: provided further that, whenever the assembly is dissolved, the speaker shall not vacate his office until immediately before the first meeting of the assembly after the dissolution. 180. power of the deputy speaker or other person to perform the duties of the office of, or to act as, speaker while the office of speaker is vacant, the duties of the office shall be performed by the deputy speaker or, if the office of deputy speaker is also vacant, by such member of the assembly as the governor may appoint for the purpose. during the absence of the speaker from any sitting of the assembly the deputy speaker or, if he is also absent, such person as may be determined by the rules of procedure of the assembly, or, if no such person is present, such other person as may be determined by the assembly, shall act as speaker. 181. the speaker or the deputy speaker not to preside while a resolution for his removal from office is under consideration at any sitting of the legislative assembly, while any resolution for the removal of the speaker from his office is under consideration, the speaker, or while any resolution for the removal of the deputy speaker from his office is under consideration, the deputy speaker, shall not, though he is present, preside, and the provisions of clause (2) of article 180 shall apply in relation to every such sitting as they apply in relation to a sitting from which the speaker or, as the case may be, the deputy speaker, is absent the speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the legislative assembly while any resolution for his removal from office is under consideration in the assembly and shall, notwithstanding anything in article 189, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes. 182. the chairman and deputy chairman of the legislative council the legislative council of every state having such council shall, as soon as may be, choose two members of the council to be respectively chairman and deputy chairman thereof and, so often as the office of chairman or deputy chairman becomes vacant, the council shall choose another member to be chairman or deputy chairman, as the case may be. 183. vacation and resignation of, and removal from, the offices of chairman and deputy chairman a member holding office as chairman or deputy chairman of a legislative councilshall vacate his office if he ceases to be a member of the council; may at any time by writing under his hand addressed, if such member is the chairman, to the deputy chairman, and if such member is the deputy chairman, to the chairman, resign his office; and may be removed from his office by a resolution of the council passed by a majority of all the then members of the council: provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution. 184. power of the deputy chairman or other person to perform the duties of the office of, or to act as, chairman while the office of chairman is vacant, the duties of the office shall be performed by the deputy chairman or, if the office of deputy chairman is also vacant, by such member of the council as the governor may appoint for the purpose. during the absence of the chairman from any sitting of the council the deputy chairman or, if he is also absent, such person as may be determined by the rules of procedure of the council, or, if no such person is present, such other person as may be determined by the council, shall act as chairman. 185. the chairman or the deputy chairman not to preside while a resolution for his removal from office is under consideration at any sitting of the legislative council, while any resolution for the removal of the chairman from his office is under consideration, the chairman, or while any resolution for the removal of the deputy chairman from his office is under consideration, the deputy chairman, shall not, though he is present, preside, and the provisions of clause (2) of article 184 shall apply in relation to every such sitting as they apply in relation to a sitting from which the chairman or, as the case may be, the deputy chairman is absent. the chairman shall have the right to speak in, and otherwise to take part in the proceedings of, the legislative council while any resolution for his removal from office is under consideration in the council and shall notwithstanding anything in article 189, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes. 186. salaries and allowances of the speaker and deputy speaker and the chairman and deputy chairman there shall be paid to the speaker and the deputy speaker of the legislative assembly, and to the chairman and the deputy chairman of the legislative council, such salaries and allowances as may be respectively fixed by the legislature of the state by law and, until provision in that behalf is so made, such salaries and allowances as are specified in the second schedule. 187. secretariat of state legislature the house or each house of the legislature of a state shall have a separate secretarial staff: provided that nothing in this clause shall, in the case of the legislature of a state having a legislative council, be construed as preventing the creation of posts common to both houses of such legislature. 2. the legislature of a state may by law regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the house or houses of the legislature of the state. until provision is made by the legislature of the state under clause (2), the governor may, after consultation with the speaker of the legislative assembly or the chairman of the legislative council, as the case may be, make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the assembly or the council, and any rules so made shall have effect subject to the provisions of any law made under the said clause. conduct of business 188. oath or affirmation by members every member of the legislative assembly or the legislative council of a state shall, before taking his seat, make and subscribe before the governor, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the third schedule. 189. voting in houses, power of houses to act notwithstanding vacancies and quorum save as otherwise provided in this constitution, all questions at any sitting of a house of the legislature of a state shall be determined by a majority of votes of the members present and voting, other than the speaker or chairman, or person acting as such. the speaker or chairman, or person acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes. a house of the legislature of a state shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the legislature of a state shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings. until the legislature of the state by law otherwise provides, the quorum to constitute a meeting of a house of the legislature of a state shall be ten members or one-tenth of the total number of members of the house, whichever is greater. if at any time during a meeting of the legislative assembly or the legislative council of a state there is no quorum, it shall be the duty of the speaker or chairman, or person acting as such, either to adjourn the house or to suspend the meeting until there is a quorum. disqualifications of members 190. vacation of seats no person shall be a member of both houses of the legislature of a state and provision shall be made by the legislature of the state by law for the vacation by a person who is chosen a member of both houses of his seat in one house or the other. no person shall be a member of the legislatures of two or more states specified in the first schedule and if a person is chosen a member of the legislatures of two or more such states, then, at the expiration of such period as may be specified in rules made by the president, that person's seat in the legislatures of all such states shall become vacant, unless he has previously resigned his seat in the legislatures of all but one of the states. if a member of a house of the legislature of a statebecomes subject to any of the disqualifications mentioned in clause (1) or clause (2) of article 191; or resigns his seat by writing under his hand addressed to the speaker or the chairman, as the case may be, and his resignation is accepted by the speaker or the chairman, as the case may be, his seat shall thereupon become vacant: provided that in the case of any resignation referred to in sub-clause (b), if from information received or otherwise and after making such inquiry as he thinks fit, the speaker or the chairman, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation. if for a period of sixty days a member of a house of the legislature of a state is without permission of the house absent from all meetings thereof, the house may declare his seat vacant: provided that in computing the said period of sixty days no account shall be taken of any period during which the house is prorogued or is adjourned for more than four consecutive days. 191. disqualifications for membership a person shall be disqualified for being chosen as, and for being, a member of the legislative assembly or legislative council of a stateif he holds any office of profit under the government of india or the government of any state specified in the first schedule, other than an office declared by the legislature of the state by law not to disqualify its holder; if he is of unsound mind and stands so declared by a competent court; if he is an undischarged insolvent; if he is not a citizen of india, or has voluntarily acquired the citizenship of a foreign state, or is under any acknowledgment of allegiance or adherence to a foreign state; if he is so disqualified by or under any law made by parliament. explanation for the purposes of this clause, a person shall not be deemed to hold an office of profit under the government of india or the government of any state specified in the first schedule by reason only that he is a minister either for the union or for such state. a person shall be disqualified for being a member of the legislative assembly or legislative council of a state if he is so disqualified under the tenth schedule. 192. decision on questions as to disqualifications of members if any question arises as to whether a member of a house of the legislature of a state has become subject to any of the disqualifications mentioned in clause (1) of article 191, the question shall be referred for the decision of the governor and his decision shall be final. before giving any decision on any such question, the governor shall obtain the opinion of the election commission and shall act according to such opinion. 193. penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified if a person sits or votes as a member of the legislative assembly or the legislative council of a state before he has complied with the requirements of article 188, or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by parliament or the legislature of the state, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the state. powers privileges and immunities of state legislatures and their members. 194. powers, privileges, etc., of the houses of legislatures and of the members and committees thereof subject to the provisions of this constitution and to the rules and standing orders regulating the procedure of the legislature, there shall be freedom of speech in the legislature of every state. no member of the legislature of a state shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the legislature or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of a house of such a legislature of any report, paper, votes or proceedings. in other respects, the powers, privileges and immunities of a house of the legislature of a state, and of the members and the committees of a house of such legislature, shall be such as may from time to time be defined by the legislature by law, and, until so defined, shall be those of that house and of its members and committees immediately before the coming into force of section 26 of the constitution (forty-fourth amendment) act, 1978. the provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this constitution have the right to speak in, and otherwise to take part in the proceedings of, a house of the legislature of a state or any committee thereof as they apply in relation to members of that legislature. 195. salaries and allowances of members members of the legislative assembly and the legislative council of a state shall be entitled to receive such salaries and allowances as may from time to time be determined, by the legislature of the state by law and, until provision in that respect is so made, salaries and allowances at such rates and upon such conditions as were immediately before the commencement of this constitution applicable in the case of members of the legislative assembly of the corresponding province. legislative procedure 196. provisions as to introduction and passing of bills subject to the provisions of article 198 and 207 with respect to money bills and other financial bills, a bill may originate in either house of the legislature of a state which has a legislative council. subject to the provisions of articles 197 and 198, a bill shall not be deemed to have been passed by the houses of the legislature of a state having a legislative council unless it has been agreed to by both houses, either without amendment or with such amendments only as are agreed to by both houses. a bill pending in the legislature of a state shall not lapse by reason of the prorogation of the house or houses thereof. a bill pending in the legislative council of a state which has not been passed by the legislative assembly shall not lapse on a dissolution of the assembly. a bill which is pending in the legislative assembly of a state, or which having been passed by the legislative assembly is pending in the legislative council, shall lapse on a dissolution of the assembly. 197. restriction on powers of legislative council as to bills other than money bills if after a bill has been passed by the legislative assembly of a state having a legislative council and transmitted to the legislative councilthe bill is rejected by the council; or more than three months elapse from the date on which the bill is laid before the council without the bill being passed by it; or the bill is passed by the council with amendments to which the legislative assembly does not agree, the legislative assembly may, subject to the rules regulating its procedure, pass the bill again in the same or in any subsequent session with or without such amendments, if any, as have been made, suggested or agreed to by the legislative council and then transmit the bill as so passed to the legislative council. if after a bill has been so passed for the second time by the legislative assembly and transmitted to the legislative councilthe bill is rejected by the council; or more than one month elapses from the date on which the bill is laid before the council without the bill being passed by it; or the bill is passed by the council with amendments to which the legislative assembly does not agree, the bill shall be deemed to have been passed by the houses of the legislature of the state in the form in which it was passed by the legislative assembly for the second time with such amendments, if any, as have been made or suggested by the legislative council and agreed to by the legislative assembly. nothing in this article shall apply to a money bill. 198. special procedure in respect of money bills a money bill shall not be introduced in a legislative council. after a money bill has been passed by the legislative assembly of a state having a legislative council, it shall be transmitted to the legislative council for its recommendations, and the legislative council shall within a period of fourteen days from the date of its receipt of the bill return the bill to the legislative assembly with its recommendations, and the legislative assembly may thereupon either accept or reject all or any of the recommendations of the legislative council. if the legislative assembly accepts any of the recommendations of the legislative council, the money bill shall be deemed to have been passed by both houses with the amendments recommended by the legislative council and accepted by the legislative assembly. if the legislative assembly does not accept any of the recommendations of the legislative council, the money bill shall be deemed to have been passed by both houses in the form in which it was passed by the legislative assembly without any of the amendments recommended by the legislative council. if a money bill passed by the legislative assembly and transmitted to the legislative council for its recommendations is not returned to the legislative assembly within the said period of fourteen days, it shall be deemed to have been passed by both houses at the expiration of the said period in the form in which it was passed by the legislative assembly. 199. definition of "money bills for the purposes of this chapter, a bill shall be deemed to be a money bill if it contains only provisions dealing with all or any of the following matters, namely:the imposition, abolition, remission, alteration or regulation of any tax; the regulation of the borrowing of money or the giving of any guarantee by the state, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the state; the custody of the consolidated fund or the contingency fund of the state, the payment of moneys into or the withdrawal of moneys from any such fund; the appropriation of moneys out of the consolidated fund of the state; the declaring of any expenditure to be expenditure charged on the consolidated fund of the state, or the increasing of the amount of any such expenditure; the receipt of money on account of the consolidated fund of the state or the public account of the state or the custody or issue of such money; or any matter incidental to any of the matters specified in sub-clauses (a)to (f). a bill shall not be deemed to be a money bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes. if any question arises whether a bill introduced in the legislature of a state which has a legislative council is a money bill or not, the decision of the speaker of the legislative assembly of such state thereon shall be final. there shall be endorsed on every money bill when it is transmitted to the legislative council under article 198, and when it is presented to the governor for assent under article 200, the certificate of the speaker of the legislative assembly signed by him that it is a money bill. 200. assent to bills when a bill has been passed by the legislative assembly of a state or, in the case of a state having a legislative council, has been passed by both houses of the legislature of the state, it shall be presented to the governor and the governor shall declare either that he assents to the bill or that he withholds assent therefrom or that he reserves the bill for the consideration of the president: provided that the governor may, as soon as possible after the presentation to him of the bill for assent, return the bill if it is not a money bill together with a message requesting that the house or houses will reconsider the bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message and, when a bill is so returned, the house or houses shall reconsider the bill accordingly, and if the bill is passed again by the house or houses with or without amendment and presented to the governor for assent, the governor shall not withhold assent therefrom: provided further that the governor shall not assent to, but shall reserve for the consideration of the president, any bill which in the opinion of the governor would, if it became law, so derogate from the powers of the high court as to endanger the position which that court is by this constitution designed to fill. 201. bills reserved for consideration when a bill is reserved by a governor for the consideration of the president, the president shall declare either that he assents to the bill or that he withholds assent therefrom: provided that, where the bill is not a money bill, the president may direct the governor to return the bill to the house or, as the case may be, the houses of the legislature of the state together with such a message as is mentioned in the first proviso to article 200 and, when a bill is so returned, the house or houses shall reconsider it accordingly within a period of six months from the date of receipt of such message and, if it is again passed by the house or houses with or without amendment, it shall be presented again to the president for his consideration. procedure in financial matters 202. annual financial statement the governor shall in respect of every financial year cause to be laid before the house or houses of the legislature of the state a statement of the estimated receipts and expenditure of the state for that year, in this part referred to as the "annual financial statement". the estimates of expenditure embodied in the annual financial statement shall show separatelythe sums required to meet expenditure described by this constitution as expenditure charged upon the consolidated fund of the state; and the sums required to meet other expenditure proposed to be made from the consolidated fund of the state, and shall distinguish expenditure on revenue account from other expenditure. the following expenditure shall be expenditure charged on the consolidated fund of each statethe emoluments and allowances of the governor and other expenditure relating to his office; the salaries and allowances of the speaker and the deputy speaker of the legislative assembly and, in the case of state having a legislative council, also of the chairman and the deputy chairman of the legislative council; debt charges for which the state is liable including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt; expenditure in respect of the salaries and allowances of judges of any high court; any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal; any other expenditure declared by this constitution, or by the legislature of the state by law, to be so charged. 203. procedure in legislature with respect to estimates so much of the estimates as relates to expenditure charged upon the consolidated fund of a state shall not be submitted to the vote of the legislative assembly, but nothing in this clause shall be construed as preventing the discussion in the legislature of any of those estimates. so much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the legislative assembly, and the legislative assembly shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein. no demand for a grant shall be made except on the recommendation of the governor. 204. appropriation bills as soon as may be after the grants under article 203 have been made by the assembly, there shall be introduced a bill to provide for the appropriation out of the consolidated fund of the state of all moneys required to meetthe grants so made by the assembly; and the expenditure charged on the consolidated fund of the state but not exceeding in any case the amount shown in the statement previously laid before the house or houses. no amendment shall be proposed to any such bill in the house or either house of the legislature of the state which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the consolidated fund of the state, and the decision of the person presiding as to whether an amendment is inadmissible under this clause shall be final. subject to the provisions of articles 205 and 206, no money shall be withdrawn from the consolidated fund of the state except under appropriation made by law passed in accordance with the provisions of this article. 205. supplementary, additional or excess grants the governor shallif the amount authorised by any law made in accordance with the provisions of article 204 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year, or if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year, cause to be laid before the house or the houses of the legislature of the state another statement showing the estimated amount of that expenditure or cause to be presented to the legislative assembly of the state a demand for such excess, as the case may be. the provisions of articles 202, 203 and 204 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the consolidated fund of the state to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the consolidated fund of the state to meet such expenditure or grant. 206. votes on account, votes of credit and exceptional grants notwithstanding anything in the foregoing provisions of this chapter, the legislative assembly of a state shall have powerto make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in article 203 for the voting of such grant and the passing of the law in accordance with the provisions of article 204 in relation to that expenditure; to make a grant for meeting an unexpected demand upon the resources of the state when on account of the magnitude or the indefinite character of the service the demand cannot be stated with the details ordinarily given in an annual financial statement; to make an exceptional grant which forms no part of the current service of any financial year, and the legislature of the state shall have power to authorise by law the withdrawal of moneys from the consolidated fund of the state for the purposes for which the said grants are made. the provisions of articles 203 and 204 shall have effect in relation to the making of any grant under clause (1) and to any law to be made under that clause as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of the consolidated fund of the state to meet such expenditure. 207. special provisions as to financial bills a bill or amendment making provision for any of the matters specified in sub-clauses (a) to (f) of clause (1) of article 199 shall not be introduced or moved except on the recommendation of the governor, and a bill making such provision shall not be introduced in a legislative council: provided that no recommendation shall be required under this clause for the moving of an amendment making provision for the reduction or abolition of any tax. a bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes. a bill which, if enacted and brought into operation, would involve expenditure from the consolidated fund of a state shall not be passed by a house of the legislature of the state unless the governor has recommended to that house the consideration of the bill. procedure generally 208. rules of procedure a house of the legislature of a state may make rules for regulating, subject to the provisions of this constitution, its procedure and the conduct of its business. until rules are made under clause (1), the rules of procedure and standing orders in force immediately before the commencement of this constitution with respect to the legislature for the corresponding province shall have effect in relation to the legislature of the state subject to such modifications and adaptations as may be made therein by the speaker of the legislative assembly, or the chairman of the legislative council, as the case may be. in a state having a legislative council the governor, after consultation with the speaker of the legislative assembly and the chairman of the legislative council, may make rules as to the procedure with respect to communications between the two houses. 209. regulation by law of procedure in the legislature of the state in relation to financial business the legislature of a state may, for the purpose of the timely completion of financial business, regulate by law the procedure of, and the conduct of business in, the house or houses of the legislature of the state in relation to any financial matter or to any bill for the appropriation of moneys out of the consolidated fund of the state, and, if and so far as any provision of any law so made is inconsistent with any rule made by the house or either house of the legislature of the state under clause (1) of article 208 or with any rule or standing order having effect in relation to the legislature of the state under clause (2) of that article, such provision shall prevail. 210. language to be used in the legislature notwithstanding anything in part xvii, but subject to the provisions of article 348, business in the legislature of a state shall be transacted in the official language or languages of the state or in hindi or in english: provided that the speaker of the legislative assembly or chairman of the legislative council, or person acting as such, as the case may be, may permit any member who cannot adequately express himself in any of the languages aforesaid to address the house in his mother-tongue. unless the legislature of the state by law otherwise provides, this article shall, after the expiration of a period of fifteen years from the commencement of this constitution, have effect as if the words "or in english" were omitted therefrom: provided that in relation to the legislatures of the states of himachal pradesh, manipur, meghalaya and tripura this clause shall have effect as if for the words "fifteen years" occurring therein, the words "twenty-five years" were substituted: provided further that in relation to the legislature of the states of arunachal pradesh, goa and mizoram, this clause shall have effect as if for the words "fifteen years" occurring therein, the words "forty years" were substituted. 211. restriction on discussion in the legislature no discussion shall take place in the legislature of a state with respect to the conduct of any judge of the supreme court or of a high court in the discharge of his duties. 212. courts not to inquire into proceedings of the legislature the validity of any proceedings in the legislature of a state shall not be called in question on the ground of any alleged irregularity of procedure. no officer or member of the legislature of a state in whom powers are vested by or under this constitution for regulating procedure or the conduct of business, or for maintaining order, in the legislature shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers. chapter iv. legislative power of the governor 213. power of governor to promulgate ordinances during recess of legislature if at any time, except when the legislative assembly of a state is in session, or where there is a legislative council in a state, except when both houses of the legislature are in session, the governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinances as the circumstances appear to him to require: provided that the governor shall not, without instructions from the president, promulgate any such ordinance ifa bill containing the same provisions would under this constitution have required the previous sanction of the president for the introduction thereof into the legislature; or he would have deemed it necessary to reserve a bill containing the same provisions for the consideration of the president; or an act of the legislature of the state containing the same provisions would under this constitution have been invalid unless, having been reserved for the consideration of the president, it had received the assent of the president. an ordinance promulgated under this article shall have the same force and effect as an act of the legislature of the state assented to by the governor, but every such ordinanceshall be laid before the legislative assembly of the state, or where there is a legislative council in the state, before both the houses, and shall cease to operate at the expiration of six weeks from the reassembly of the legislature, or if before the expiration of that period a resolution disapproving it is passed by the legislative assembly and agreed to by the legislative council, if any, upon the passing of the resolution or, as the case may be, on the resolution being agreed to by the council; and may be withdrawn at any time by the governor. explanation where the houses of the legislature of a state having a legislative council are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause. if and so far as an ordinance under this article makes any provision which would not be valid if enacted in an act of the legislature of the state assented to by the governor, it shall be void: provided that, for the purposes of the provisions of this constitution relating to the effect of an act of the legislature of a state which is repugnant to an act of parliament or an existing law with respect to a matter enumerated in the concurrent list, an ordinance promulgated under this article in pursuance of instructions from the president shall be deemed to be an act of the legislature of the state which has been reserved for the consideration of the president and assented to by him. chapter v. the high courts in the states 214. high courts for states there shall be a high court for each state. 215. high courts to be courts of record every high court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself. 216. constitution of high courts every high court shall consist of a chief justice and such other judges as the president may from time to time deem it necessary to appoint. 217. appointment and conditions of the office of a judge of a high court every judge of a high court shall be appointed by the president by warrant under his hand and seal on the recommendation of the national judicial appointments commission referred to in article 124a, and shall hold office, in the case of an additional or acting judge, as provided in article 224, and in any other case, until he attains the age of sixty-two years: provided thata judge may, by writing under his hand addressed to the president, resign his office; a judge may be removed from his office by the president in the manner provided in clause (4) of article 124 for the removal of a judge of the supreme court; the office of a judge shall be vacated by his being appointed by the president to be a judge of the supreme court or by his being transferred by the president to any other high court within the territory of india. a person shall not be qualified for appointment as a judge of a high court unless he is a citizen of india andhas for at least ten years held a judicial office in the territory of india; or has for at least ten years been an advocate of a high court or of two or more such courts in succession; explanation for the purposes of this clausein computing the period during which a person has held judicial office in the territory of india, there shall be included any period, after he has held any judicial office, during which the person has been an advocate of a high court or has held the office of a member of a tribunal or any post, under the union or a state, requiring special knowledge of law; in computing the period during which a person has been an advocate of a high court, there shall be included any period during which the person has held judicial office or the office of a member of a tribunal or any post, under the union or a state, requiring special knowledge of law after he became an advocate; in computing the period during which a person has held judicial office in the territory of india or been an advocate of a high court, there shall be included any period before the commencement of this constitution during which he has held judicial office in any area which was comprised before the fifteenth day of august, 1947, within india as defined by the government of india act, 1935, or has been an advocate of any high court in any such area, as the case may be. if any question arises as to the age of a judge of a high court, the question shall be decided by the president after consultation with the chief justice of india and the decision of the president shall be final. 218. application of certain provisions relating to supreme court to high courts the provisions of clauses (4) and (5) of article 124 shall apply in relation to a high court as they apply in relation to the supreme court with the substitution of references to the high court for references to the supreme court. 219. oath or affirmation by judges of high courts every person appointed to be a judge of a high court shall, before he enters upon his office, make and subscribe before the governor of the state, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the third schedule. 220. restriction on practice after being a permanent judge no person who, after the commencement of this constitution, has held office as a permanent judge of a high court shall plead or act in any court or before any authority in india except the supreme court and the other high courts. explanation in this article, the expression "high court" does not include a high court for a state specified in part b of the first schedule as it existed before the commencement of the constitution (seventh amendment) act, 1956. 221. salaries, etc., of judges there shall be paid to the judges of each high court such salaries as may be determined by parliament by law and, until provision in that behalf is so made, such salaries as are specified in the second schedule. every judge shall be entitled to such allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by parliament and, until so determined, to such allowances and rights as are specified in the second schedule: provided that neither the allowances of a judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment. 222. transfer of a judge from one high court to another the president may, on the recommendation of the national judicial appointments commission referred to in article 124a, transfer a judge from one high court to any other high court. when a judge has been or is so transferred, he shall, during the period he serves, after the commencement of the constitution (fifteenth amendment) act, 1963, as a judge of the other high court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by parliament by law and, until so determined, such compensatory allowance as the president may by order fix. 223. appointment of acting chief justice when the office of chief justice of a high court is vacant or when any such chief justice is by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other judges of the court as the president may appoint for the purpose. 224. appointment of additional and acting judges if by reason of any temporary increase in the business of a high court or by reason of arrears of work therein, it appears to the president that the number of the judges of that court should be for the time being increased, the president may, in consultation with the national judicial appointments commission, appoint duly qualified persons to be additional judges of the court for such period not exceeding two years as he may specify. when any judge of a high court other than the chief justice is by reason of absence or for any other reason unable to perform the duties of his office or is appointed to act temporarily as chief justice, the president may, in consultation with the national judicial appointments commission, appoint a duly qualified person to act as a judge of that court until the permanent judge has resumed his duties. no person appointed as an additional or acting judge of a high court shall hold office after attaining the age of sixty-two years. 224a. appointment of retired judges at sittings of high courts notwithstanding anything in this chapter, the national judicial appointments commission on a reference made to it by the chief justice of a high court for any state, may with the previous consent of the president, request any person who has held the office of a judge of that court or of any other high court to sit and act as a judge of the high court for that state, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the president may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a judge of that high court: provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a judge of that high court unless he consents so to do. 225. jurisdiction of existing high courts subject to the provisions of this constitution and to the provisions of any law of the appropriate legislature made by virtue of powers conferred on that legislature by this constitution, the jurisdiction of, and the law administered in, any existing high court, and the respective powers of the judges thereof in relation to the administration of justice in the court, including any power to make rules of court and to regulate the sittings of the court and of members thereof sitting alone or in division courts, shall be the same as immediately before the commencement of this constitution: provided that any restriction to which the exercise of original jurisdiction by any of the high courts with respect to any matter concerning the revenue or concerning any act ordered or done in the collection thereof was subject immediately before the commencement of this constitution shall no longer apply to the exercise of such jurisdiction. 226. power of high courts to issue certain writs notwithstanding anything in article 32, every high court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by part iii and for any other purpose. the power conferred by clause (1) to issue directions, orders or writs to any government, authority or person may also be exercised by any high court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such government or authority or the residence of such person is not within those territories. where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause (1), withoutfurnishing to such party copies of such petition and all documents in support of the plea for such interim order; and giving such party an opportunity of being heard, makes an application to the high court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the high court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the high court is closed on the last day of that period, before the expiry of the next day afterwards on which the high court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the said next day, stand vacated. the power conferred on a high court by this article shall not be in derogation of the power conferred on the supreme court by clause (2) of article 32. 226a. constitutional validity of central laws not to be considered in proceedings under article 226 rep. by the constitution (forty-third amendment) act, 1977, s.8 (w.e.f. 13-4-1978). 227. power of superintendence over all courts by the high court every high court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction. without prejudice to the generality of the foregoing provision, the high court maycall for returns from such courts; make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts. the high court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein: provided that any rules made, forms prescribed or tables settled under clause (2) or clause shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the governor. nothing in this article shall be deemed to confer on a high court powers of superintendence over any court or tribunal constituted by or under any law relating to the armed forces. 228. transfer of certain cases to high court if the high court is satisfied that a case pending in a court subordinate to it involves a substantial question of law as to the interpretation of this constitution the determination of which is necessary for the disposal of the case, it shall withdraw the case and mayeither dispose of the case itself, or determine the said question of law and return the case to the court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said court shall on receipt thereof proceed to dispose of the case in conformity with such judgment. 228a. special provisions as to disposal of questions relating to constitutional validity of state laws rep. by the constitution (forty-third amendment) act, 1977, s. 10 (w.e.f. 13-4-1978). 229. officers and servants and the expenses of high courts appointments of officers and servants of a high court shall be made by the chief justice of the court or such other judge or officer of the court as he may direct: provided that the governor of the state may by rule require that in such cases as may be specified in the rule no person not already attached to the court shall be appointed to any office connected with the court save after consultation with the state public service commission. subject to the provisions of any law made by the legislature of the state, the conditions of service of officers and servants of a high court shall be such as may be prescribed by rules made by the chief justice of the court or by some other judge or officer of the court authorised by the chief justice to make rules for the purpose: provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the governor of the state. the administrative expenses of a high court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the court, shall be charged upon the consolidated fund of the state, and any fees or other moneys taken by the court shall form part of that fund. 230. extension of jurisdiction of high courts to union territories parliament may by law extend the jurisdiction of a high court to, or exclude the jurisdiction of a high court from, any union territory. where the high court of a state exercises jurisdiction in relation to a union territory,nothing in this constitution shall be construed as empowering the legislature of the state to increase, restrict or abolish that jurisdiction; and the reference in article 227 to the governor shall, in relation to any rules, forms or tables for subordinate courts in that territory, be construed as a reference to the president. 231. establishment of a common high court for two or more states notwithstanding anything contained in the preceding provisions of this chapter, parliament may by law establish a common high court for two or more states or for two or more states and a union territory. in relation to any such high court,[omitted by the constitution (ninety-ninth amendment) act, 2014] the reference in article 227 to the governor shall, in relation to any rules, forms or tables for subordinate courts, be construed as a reference to the governor of the state in which the subordinate courts are situate; and the references in articles 219 and 229 to the state shall be construed as a reference to the state in which the high court has its principal seat: provided that if such principal seat is in a union territory, the references in articles 219 and 229 to the governor, public service commission, legislature and consolidated fund of the state shall be construed respectively as references to the president, union public service commission, parliament and consolidated fund of india. chapter vi. subordinate courts 233. appointment of district judges appointments of persons to be, and the posting and promotion of, district judges in any state shall be made by the governor of the state in consultation with the high court exercising jurisdiction in relation to such state. a person not already in the service of the union or of the state shall only be eligible to be appointed a district judge if he has been for not less than seven years an advocate or a pleader and is recommended by the high court for appointment. 233a. validation of appointments of, and judgments, etc., delivered by, certain district judges notwithstanding any judgment, decree or order of any court,no appointment of any person already in the judicial service of a state or of any person who has been for not less than seven years an advocate or a pleader, to be a district judge in that state, and no posting, promotion or transfer of any such person as a district judge, made at any time before the commencement of the constitution (twentieth amendment) act, 1966, otherwise than in accordance with the provisions of article 233 or article 235 shall be deemed to be illegal or void or ever to have become illegal or void by reason only of the fact that such appointment, posting, promotion or transfer was not made in accordance with the said provisions: no jurisdiction exercised, no judgment, decree, sentence or order passed or made, and no other act or proceeding done or taken, before the commencement of the constitution (twentieth amendment) act, 1966 by, or before, any person appointed, posted, promoted or transferred as a district judge in any state otherwise than in accordance with the provisions of article 233 or article 235 shall be deemed to be illegal or invalid or ever to have become illegal or invalid by reason only of the fact that such appointment, posting, promotion or transfer was not made in accordance with the said provisions. 234. recruitment of persons other than district judges to the judicial service appointments of persons other than district judges to the judicial service of a state shall be made by the governor of the state in accordance with rules made by him in that behalf after consultation with the state public service commission and with the high court exercising jurisdiction in relation to such state. 235. control over subordinate courts the control over district courts and courts subordinate thereto including the posting and promotion of, and the grant of leave to, persons belonging to the judicial service of a state and holding any post inferior to the post of district judge shall be vested in the high court, but nothing in this article shall be construed as taking away from any such person any right of appeal which he may have under the law regulating the conditions of his service or as authorising the high court to deal with him otherwise than in accordance with the conditions of his service prescribed under such law. 236. interpretation in this chapterthe expression "district judge" includes judge of a city civil court, additional district judge, joint district judge, assistant district judge, chief judge of a small cause court, chief presidency magistrate, additional chief presidency magistrate, sessions judge, additional sessions judge and assistant sessions judge; the expression "judicial service" means a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to the post of district judge. 237. application of the provisions of this chapter to certain class or classes of magistrates the governor may by public notification direct that the foregoing provisions of this chapter and any rules made thereunder shall with effect from such date as may be fixed by him in that behalf apply in relation to any class or classes of magistrates in the state as they apply in relation to persons appointed to the judicial service of the state subject to such exceptions and modifications as may be specified in the notification. part vii. the states in part b of the first schedule rep. by the constitution (seventh amendment) act, 1956, s. 29 and sch. part viii. the union territories 239. administration of union territories save as otherwise provided by parliament by law, every union territory shall be administered by the president acting, to such extent as he thinks fit, through an administrator to be appointed by him with such designation as he may specify. notwithstanding anything contained in part vi, the president may appoint the governor of a state as the administrator of an adjoining union territory, and where a governor is so appointed, he shall exercise his functions as such administrator independently of his council of ministers. 239a. creation of local legislatures or council of ministers or both for certain union territories parliament may by law create for the union territory of pondicherrya body, whether elected or partly nominated and partly elected, to function as a legislature for the union territory, or a council of ministers, or both with such constitution, powers and functions, in each case, as may be specified in the law. any such law as is referred to in clause (1) shall not be deemed to be an amendment of this constitution for the purposes of article 368 notwithstanding that it contains any provision which amends or has the effect of amending this constitution. 239aa. special provisions with respect to delhi as from the date of commencement of the constitution (sixty-ninth amendment) act, 1991, the union territory of delhi shall be called the national capital territory of delhi (hereafter in this part referred to as the national capital territory) and the administrator thereof appointed under article 239 shall be designated as the lieutenant governor. 2 there shall be a legislative assembly for the national capital territory and the seats in such assembly shall be filled by members chosen by direct election from territorial constituencies in the national capital territory. the total number of seats in the legislative assembly, the number of seats reserved for scheduled castes, the division of the national capital territory into territorial constituencies (including the basis for such division) and all other matters relating to the functioning of the legislative assembly shall be regulated by law made by parliament. the provisions of articles 324 to 327 and 329 shall apply in relation to the national capital territory, the legislative assembly of the national capital territory and the members thereof as they apply, in relation to a state, the legislative assembly of a state and the members thereof respectively; and any reference in articles 326 and 329 to "appropriate legislature" shall be deemed to be a reference to parliament. 3 subject to the provisions of this constitution, the legislative assembly shall have power to make laws for the whole or any part of the national capital territory with respect to any of the matters enumerated in the state list or in the concurrent list in so far as any such matter is applicable to union territories except matters with respect to entries 1, 2 and 18 of the state list and entries 64,65 and 66 of that list in so far as they relate to the said entries 1, 2, and 18. nothing in sub-clause (a) shall derogate from the powers of parliament under this constitution to make laws with respect to any matter for a union territory or any part thereof. if any provision of a law made by the legislative assembly with respect to any matter is repugnant to any provision of a law made by parliament with respect to that matter, whether passed before or after the law made by the legislative assembly, or of an earlier law, other than a law made by the legislative assembly, then, in either case, the law made by parliament, or, as the case may be, such earlier law, shall prevail and the law made by the legislative assembly shall, to the extent of the repugnancy, be void: provided that if any such law made by the legislative assembly has been reserved for the consideration of the president and has received his assent, such law shall prevail in the national capital territory: provided further that nothing in this sub-clause shall prevent parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the legislative assembly. there shall be a council of ministers consisting of not more than ten per cent, of the total number of members in the legislative assembly, with the chief minister at the head to aid and advise the lieutenant governor in the exercise of his functions in relation to matters with respect to which the legislative assembly has power to make laws, except in so far as he is, by or under any law, required to act in his discretion: provided that in the case of difference of opinion between the lieutenant governor and his ministers on any matter, the lieutenant governor shall refer it to the president for decision and act according to the decision given thereon by the president and pending such decision it shall be competent for the lieutenant governor in any case where the matter, in his opinion, is so urgent that it is necessary for him to take immediate action, to take such action or to give such direction in the matter as he deems necessary. the chief minister shall be appointed by the president and the other ministers shall be appointed by the president on the advice of the chief minister and the ministers shall hold office during the pleasure of the president. the council of ministers shall be collectively responsible to the legislative assembly. 7 parliament may, by law, make provisions for giving effect to, or supplementing the provisions contained in the foregoing clauses and for all matters incidental or consequential thereto. any such law as is referred to in sub-clause (a) shall not be deemed to be an amendment of this constitution for the purposes of article 368 notwithstanding that it contains any provision which amends or has the effect of amending, this constitution. the provisions of article 239b shall, so far as may be, apply in relation to the national capital territory, the lieutenant governor and the legislative assembly, as they apply in relation to the union territory of pondicherry, the administrator and its legislature, respectively; and any reference in that article to "clause (1) of article 239a" shall be deemed to be a reference to this article or article 239ab, as the case may be. 239ab. provisions in case of failure of constitutional machinery if the president, on receipt of a report from the lieutenant governor or otherwise, is satisfiedthat a situation has arisen in which the administration of the national capital territory cannot be carried on in accordance with the provisions of article 239aa or of any law made in pursuance of that article; or that for the proper administration of the national capital territory it is necessary or expedient so to do, the president may by order suspend the operation of any provision of article 239aa or of all or any of the provisions of any law made in pursuance of that article for such period and subject to such conditions as may be specified in such law and make such incidental and consequential provisions as may appear to him to be necessary or expedient for administering the national capital territory in accordance with the provisions of article 239 and article 239aa. 239b. power of administrator to promulgate ordinances during recess of legislature if at any time, except when the legislature of the union territory of pondicherry is in session, the administrator thereof is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinances as the circumstances appear to him to require: provided that no such ordinance shall be promulgated by the administrator except after obtaining instructions from the president in that behalf: provided further that whenever the said legislature is dissolved, or its functioning remains suspended on account of any action taken under any such law as is referred to in clause (1) of article 239a, the administrator shall not promulgate any ordinance during the period of such dissolution or suspension. an ordinance promulgated under this article in pursuance of instructions from the president shall be deemed to be an act of the legislature of the union territory which has been duly enacted after complying with the provisions in that behalf contained in any such law as is referred to in clause (1) of article 239a, but every such ordinanceshall be laid before the legislature of the union territory and shall cease to operate at the expiration of six weeks from the reassembly of the legislature or if, before the expiration of that period, a resolution disapproving it is passed by the legislature, upon the passing of the resolution; and may be withdrawn at any time by the administrator after obtaining instructions from the president in that behalf. if and so far as an ordinance under this article makes any provision which would not be valid if enacted in an act of the legislature of the union territory made after complying with the provisions in that behalf contained in any such law as is referred to in clause (1) of article 239a, it shall be void. 240. power of president to make regulations for certain union territories the president may make regulations for the peace, progress and good government of the union territory ofthe andaman and nicobar islands; lakshadweep; dadra and nagar haveli; daman and diu; pondicherry; provided that when any body is created under article 239a to function as a legislature for the union territory of pondicherry, the president shall not make any regulation for the peace, progress and good government of that union territory with effect from the date appointed for the first meeting of the legislature: provided further that when ever the body functioning as legislature for the union territory of pondicherry is dissolved, or the functioning of that body as such legislature remains suspended on account of any action taken under any such law is referred to in clause (1) of article 239a, the president may, during the period of such dissolution or suspension, make regulations for the peace, progress and good government of that union territory. any regulation so made may repeal or amend any act made by parliament or any other law, which is for the time being applicable to the union territory and, when promulgated by the president, shall have the same force and effect as an act of parliament which applies to that territory. 241. high courts for union territories parliament may by law constitute a high court for a union territory or declare any court in any such territory to be a high court for all or any of the purposes of this constitution. the provisions of chapter v of part vi shall apply in relation to every high court referred to in clause (1) as they apply in relation to a high court referred to in article 214 subject to such modifications or exceptions as parliament may by law provide. subject to the provisions of this constitution and to the provisions of any law of the appropriate legislature made by virtue of powers conferred on that legislature by or under this constitution, every high court exercising jurisdiction immediately before the commencement of the constitution (seventh amendment) act, 1956, in relation to any union territory shall continue to exercise such jurisdiction in relation to that territory after such commencement. nothing in this article derogates from the power of parliament to extend or exclude the jurisdiction of a high court for a state to, or from, any union territory or part thereof. 242. coorg rep. by the constitution (seventh amendment) act, 1956, s. 29 and sch. part ix. the panchayats 243. definitions in this part, unless the context otherwise requires,"district" means a district in a state; "gram sabha" means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of panchayat at the village level; "intermediate level" means a level between the village and district levels specified by the governor of a state by public notification to be the intermediate level for the purposes of this part; "panchayat" means an institution (by whatever name called) of self-government constituted under article 243b, for the rural areas; "panchayat area" means the territorial area of a panchayat; "population" means the population as ascertained at the last preceding census of which the relevant figures have been published; "village" means a village specified by the governor by public notification to be a village for the purposes of this part and includes a group of villages so specified. 243a. gram sabha a gram sabha may exercise such powers and perform such functions at the village level as the legislature of a state may, by law, provide. 243b. constitution of panchayats there shall be constituted in every state, panchayats at the village, intermediate and district levels in accordance with the provisions of this part. notwithstanding anything in clause (1), panchayats at the intermediate level may not be constituted in a state having a population not exceeding twenty lakhs. 243c. composition of panchayats subject to the provisions of this part, the legislature of a state may, by law, make provisions with respect to the composition of panchayats: provided that the ratio between the population of the territorial area of a panchayat at any level and the number of seats in such panchayat to be filled by election shall, so far as practicable, be the same throughout the state. all the seats in a panchayat shall be filled by persons chosen by direct election from territorial constituencies in the panchayat area and, for this purpose each panchayat area shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the panchayat area. the legislature of a state may, by law, provide for the representationof the chairpersons of the panchayats at the village level, in the panchayats at the intermediate level or, in the case of a state not having panchayats at the intermediate level, in the panchayats at the district level; of the chairpersons of the panchayats at the intermediate level, in the panchayats at the district level; of the members of the house of the people and the members of the legislative assembly of the state representing constituencies which comprise wholly or partly a panchayat area at a level other than the village level, in such panchayat; of the members of the council of states and the members of the legislative council of the state, where they are registered as electors withina panchayat area at the intermediate level, in panchayat at the intermediate level; a panchayat area at the district level, in panchayat at the district level. the chairperson of a panchayat and other members of a panchayat whether or not chosen by direct election from territorial constituencies in the panchayat area shall have the right to vote in the meetings of the panchayats. the chairperson ofa panchayat at the village level shall be elected in such manner as the legislature of a state may, by law, provide, and a panchayat at the intermediate level or district level shall be elected by, and from amongst, the elected members thereof. 243d. reservation of seats seats shall be reserved forthe scheduled castes; and the scheduled tribes, in every panchayat and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that panchayat as the population of the scheduled castes in that panchayat area or of the scheduled tribes in that panchayat area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a panchayat. not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the scheduled castes or, as the case may be, the scheduled tribes. not less than one-third (including the number of seats reserved for women belonging to the scheduled castes and the scheduled tribes) of the total number of seats to be filled by direct election in every panchayat shall be reserved for women and such seats may be allotted by rotation to different constituencies in a panchayat. the offices of the chairpersons in the panchayats at the village or any other level shall be reserved for the scheduled castes, the scheduled tribes and women in such manner as the legislature of a state may, by law, provide: provided that the number of offices of chairpersons reserved for the scheduled castes and the scheduled tribes in the panchayats at each level in any state shall bear, as nearly as may be, the same proportion to the total number of such offices in the panchayats at each level as the population of the scheduled castes in the state or of the scheduled tribes in the state bears to the total population of the state: provided further that not less than one-third of the total number of offices of chairpersons in the panchayats at each level shall be reserved for women: provided also that the number of offices reserved under this clause shall be allotted by rotation to different panchayats at each level. the reservation of seats under clauses (1) and (2) and the reservation of offices of chairpersons (other than the reservation for women) under clause (4) shall cease to have effect on the expiration of the period specified in article 334. nothing in this part shall prevent the legislature of a state from making any provision for reservation of seats in any panchayat or offices of chairpersons in the panchayats at any level in favour of backward class of citizens. 243e. duration of panchayats etc every panchayat, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer. no amendment of any law for the time being in force shall have the effect of causing dissolution of a panchayat at any level, which is functioning immediately before such amendment, till the expiration of its duration specified in clause (1). an election to constitute a panchayat shall be completedbefore the expiry of its duration specified in clause (1) before the expiration of a period of six months from the date of its dissolution: provided that where the remainder of the period for which the dissolved panchayat would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the panchayat for such period. a panchayat constituted upon the dissolution of a panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved panchayat would have continued under clause (1) had it not been so dissolved. 243f. disqualifications for membership a person shall be disqualified for being chosen as, and for being, a member of a panchayatif he is so disqualified by or under any law for the time being in force for the purposes of elections to the legislature of the state concerned: provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years; if he is so disqualified by or under any law made by the legislature of the state. if any question arises as to whether a member of a panchayat has become subject to any of the disqualifications mentioned in clause (1), the question shall be referred for the decision of such authority and in such manner as the legislature of a state may, by law, provide. 243g. powers, authority and responsibilities of panchayat subject to the provisions of the constitution, the legislature of a state may, by law, endow the panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon panchayats at the appropriate level, subject to such conditions as may be specified therein, with respect tothe preparation of plans for economic development and social justice; the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the eleventh schedule. 243h. powers to impose taxes by, and funds of, the panchayats the legislature of a state may, by lawauthorise a panchayat to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits; assign to a panchayat such taxes, duties, tolls and fees levied and collected by the state government for such purposes and subject to such conditions and limits; provide for making such grants-in-aid to the panchayats from the consolidated fund of the state; and provide for constitution of such funds for crediting all moneys received, respectively, by or on behalf of the panchayats and also for the withdrawal of such moneys therefrom, as may be specified in the law. 243i. constitution of finance commission to review financial position the governor of a state shall, as soon as may be within one year from the commencement of the constitution (seventy-third amendment) act, 1992, and thereafter at the expiration of every fifth year, constitute a finance commission to review the financial position of the panchayats and to make recommendations to the governor as tothe principles which should governthe distribution between the state and the panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by the state, which may the divided between them under this part and the allocation between the panchayats at all levels of their respective shares of such proceeds; the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the panchayats; the grants-in-aid to the panchayats from the consolidated fund of the state; the measures needed to improve the financial position of the panchayats; any other matter referred to the finance commission by the governor in the interests of sound finance of the panchayats. the legislature of a state may, by law, provide for the composition of the commission, the qualifications which shall be requisite for appointment as members thereof and the manner in which they shall be selected. the commission shall determine their procedure and shall have such powers in the performance of their functions as the legislature of the state may, by law, confer on them. the governor shall cause every recommendation made by the commission under this article together with as explanatory memorandum as to the action taken thereon to be laid before the legislature of the state. 243j. audit of accounts of panchayats the legislature of a state may, by law, make provisions with respect to the maintenance of accounts by the panchayats and the auditing of such accounts. 243k. elections to the panchayats the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the panchayats shall be vested in a state election commission consisting of a state election commissioner to be appointed by the governor. subject to the provisions of any law made by the legislature of a state, the conditions of service and tenure of office of the state election commissioner shall be such as the governor may by rule determine: provided that the state election. commissioner shall not be removed from his office except in like manner and on the like grounds as a judge of a high court and the conditions of service of the state election commissioner shall not be varied to his disadvantage after his appointment. the governor of a state shall, when so requested by the state election commission, make available to the state election commission such staff as may be necessary for the discharge of the functions conferred on the state election commission by clause (1). subject to the provisions of this constitution, the legislature of a state may, by law, make provision with respect to all matters relating to, or in connection with, elections to the panchayats. 243l. application to union territories the provisions of this part shall apply to the union territories and shall, in their application to a union territory, have effect as if the references to the governor of a state were reference to the administrator of the union territory appointed under article 239 and references to the legislature or the legislative assembly of a state were references, in relation to a union territory having a legislative assembly, to that legislative assembly: provided that the president may, by public notification, direct that the provisions of this part shall apply to any union territory or part thereof subject to such exceptions and modifications as he may specify in the notification. 243m. part not to apply to certain areas nothing in this part shall apply to the scheduled areas referred to in clause (1), and the tribal areas referred to in clause (2), of article 244. nothing in this part shall apply tothe states of nagaland, meghalaya and mizoram; the hill areas in the state of manipur for which district councils exist under any law for the time being in force. nothing in this partrelating to panchayats at the district level shall apply to the hill areas of the district of darjeeling in the state of west bengal for which darjeeling gorkha hill council exists under any law for the time being in force; shall be construed to affect the functions and powers of the darjeeling gorkha hill council constituted under such law. nothing in article 243d, relating to reservation of seats for the scheduled castes, shall apply to the state of arunachal pradesh. notwithstanding anything in this constitution,the legislature of a state referred to in sub-clause (a) of clause (2) may, by law, extend this part to that state, except the areas, if any, referred to in clause (1), if the legislative assembly of that state passes a resolution to that effect by a majority of the total membership of that house and by a majority of not less than two-thirds of the members of that house present and voting; parliament may, by law extend the provisions of this part to the scheduled areas and the tribal areas referred to in clause (1) subject to such exceptions and modifications as may be specified in such law, and no such law shall be deemed to be an amendment of this constitution for the purposes of article 368. 243n. continuance of existing laws and panchayats notwithstanding anything in this part, any provision of any law relating to panchayats in force in a state immediately before the commencement of the constitution (seventy-third amendment) act, 1992, which is inconsistent with the provisions of this part, shall continue to be in force until amended or repealed by a competent legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier: provided that all the panchayats existing immediately before such commencement shall continue till the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the legislative assembly of that state or, in the case of a state having a legislative council, by each house of the legislature of that state. 243o. bar to interference by courts in electoral matters notwithstanding anything in this constitution,the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 243k, shall not be called in question in any court; no election to any panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the legislature of a state. part ixa. the municipalities 243p. definitions in this part, unless the context otherwise requires,"committee" means a committee constituted under article 243s; "district" means a district in a state; "metropolitan area" means an area having a population of ten lakhs or more, comprised in one or more districts and consisting of two or more municipalities or panchayats or other contiguous areas, specified by the governor by public notification to be a metropolitan area for the purposes of this part; "municipal area" means the territorial area of a municipality as is notified by the governor; "municipality" means an institution of self-government constituted under article 243q; "panchayat" means a panchayat constituted under article 243b; "population" means the population as ascertained at the last preceding census of which the relevant figures have been published. 243q. constitution of municipalities there shall be constituted in every state,a nagar panchayat (by whatever name called) for transitional area, that is to say, an area in transition from a rural area to an urban area; a municipal council for a smaller urban area; and a municipal corporation for a larger urban area, in accordance with the provisions of this part: provided that a municipality under this clause may not be constituted in such urban area or part thereof as the governor may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit, by public notification, specify to be an industrial township. in this article, "a transitional area", "a smaller urban area" or "a larger urban area" means such area as the governor may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he may deem fit, specify by public notification for the purposes of this part. 243r. composition of municipalities save as provided in clause (2), all the seats in a municipality shall be filled by persons chosen by direct election from the territorial constituencies in the municipal area and for this purpose each municipal area shall be divided into territorial constituencies to be known as wards. the legislature of a state may, by law, providefor the representation in a municipality ofpersons having special knowledge or experience in municipal administration; the members of the house of the people and the members of the legislative assembly of the state representing constituencies which comprise wholly or partly the municipal area; the members of the council of states and the members of the legislative council of the state registered as electors within the municipal area; the chairpersons of the committees constituted under clause (5) of article 243s: provided that the persons referred to in paragraph (i) shall not have the right to vote in the meetings of the municipality; the manner of election of the chairperson of a municipality. 243s. constitution and composition of wards committees, etc there shall be constituted wards committees, consisting of one or more wards, within the territorial area of a municipality having a population of three lakhs or more. the legislature of a state may, by law, make provision with respect tothe composition and the territorial area of a wards committee; the manner in which the seats in a wards committee shall be filled. a member of a municipality representing a ward within the territorial area of the wards committee shall be a member of that committee. where a wards committee consists ofone ward, the member representing that ward in the municipality; or two or more wards, one of the members representing such wards in the municipality elected by the members of the wards committee. shall be the chairperson of that committee. nothing in this article shall be deemed to prevent the legislature of a state from making provision for the constitution of committees in addition to the wards committees. 243t. reservation of seats seats shall be reserved for the scheduled castes and the scheduled tribes in every municipality and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filed by direct election in that municipality as the population of the scheduled castes in the municipal area or of the scheduled tribes in the municipal area bears to the total population in that area and such seats may be allotted by rotation to different constituencies in a municipality. not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the scheduled castes or, as the case may be, the scheduled tribes. not less than one-third (including the number of seats reserved for women belonging to the scheduled castes and the scheduled tribes) of the total number of seats to be filled by direct election in every municipality shall be reserved for women and such seats may be allotted by rotation to different constituencies in a municipality. the offices of chairpersons in the municipalities shall be reserved for the scheduled castes, the scheduled tribes and women in such manner as the legislature of a state may, by law, provide. the reservation of seats under clauses (1) and (2) and the reservation of offices of chairpersons (other than the reservation for women) under clause (4) shall cease to have effect on the expiration of the period specified in article 334. nothing in this part shall prevent the legislature of a state from making any provision for reservation of seats in any municipality or offices of chairpersons in the municipalities in favour of backward class of citizens. 243u. duration of municipalities, etc every municipality, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer: provided that a municipality shall be given a reasonable opportunity of being heard before its dissolution. no amendment of any law for the time being in force shall have the effect of causing dissolution of a municipality at any level, which is functioning immediately before such amendment, till the expiration of its duration specified in clause (1). an election to constitute a municipality shall be completed,before the expiry of its duration specified in clause (1); before the expiration of a period of six months from the date of its dissolution: provided that where the remainder of the period for which the dissolved municipality would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the municipality for such period. a municipality constituted upon the dissolution of a municipality before the expiration of its duration shall continue only for the remainder of the period for which the dissolved municipality would have continued under clause (1) had it not been so dissolved. 243v. disqualifications for membership a persons shall be disqualified for being chosen as, and for being, a member of a municipalityif he is so disqualified by or under any law for the time being in force for the purposes of elections to the legislature of the state concerned: provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years; if he is so disqualified by or under any law made by the legislature of the state. if any question arises as to whether a member of a municipality has become subject to any of the disqualifications mentioned in clause (1), the question shall be referred for the decision of such authority and in such manner as the legislature of a state may, by law, provide. 243w. powers, authority and responsibilities of municipalities, etc subject to the provisions of this constitution, the legislature of a state may, by law, endowthe municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon municipalities, subject to such conditions as may be specified therein, with respect tothe preparation of plans for economic development and social justice; the performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the twelfth schedule; the committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in the twelfth schedule. 243x. power to impose taxes by, and funds of, the municipalities the legislature of a state may, by lawauthorise a municipality to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits; assign to a municipality such taxes, duties, tolls and fees levied and collected by the state government for such purposes and subject to such conditions and limits; provide for making such grants-in-aid to the municipalities from the consolidated fund of the state; and provide for constitution of such funds for crediting all moneys received, respectively, by or on behalf of the municipalities and also for the withdrawal of such moneys therefrom, as may be specified in the law. the legislature of a state may, by law, make provision with respect tothe composition of the district planning committees; the manner in which the seats in such committees shall be filled: provided that not less than four-fifths of the total number of members of such committee shall be elected by, and from amongst, the elected members of the panchayat at the district level and of the municipalities in the district in proportion to the ratio between the population of the rural areas and of the urban areas in the district; the functions relating to district planning which may be assigned to such committees; the manner in which the chairpersons of such committees shall be chosen. every district planning committee shall, in preparing the draft development plan,have regard tomatters of common interest between the panchayats and the municipalities including spatial planning, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation; the extent and type of available resources whether financial or otherwise; consult such institutions and organisations as the governor may, by order, specify. the chairperson of every district planning committee shall forward the development plan, as recommended by such committee, to the government of the state. 243ze. committee for metropolitan planning there shall be constituted in every metropolitan area a metropolitan planning committee to prepare a draft development plan for the metropolitan area as a whole. the legislature of a state may, by law, make provision with respect tothe composition of the metropolitan planning committees; the manner in which the seats in such committees shall be filled: provided that not less than two-thirds of the members of such committee shall be elected by, and from amongst, the elected members of the municipalities and chairpersons of the panchayats in the metropolitan area in proportion to the ratio between the population of the municipalities and of the panchayats in that area; the representation in such committees of the government of india and the government of the state and of such organisations and institutions as may be deemed necessary for carrying out the functions assigned to such committees; the functions relating to planning and co-ordination for the metropolitan area which may be assigned to such committees; the manner in which the chairpersons of such committees shall be chosen. every metropolitan planning committee shall, in preparing the draft development plan,have regard tothe plans prepared by the municipalities and the panchayats in the metropolitan area; matters of common interest between the municipalities and the panchayats, including co-ordinated spatial planning of the area, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation; the overall objectives and priorities set by the government of india and the government of the state; the extent and nature of investments likely to be made in the metropolitan area by agencies of the government of india and of the government of the state and other available resources whether financial or otherwise; consult such institutions and organisations as the governor may, by order, specify. the chairperson of every metropolitan planning committee shall forward the development plan, as recommended by such committee, to the government of the state. 243zf. continuance of existing laws and municipalities notwithstanding anything in this part, any provision of any law relating to municipalities in force in a state immediately before the commencement of the constitution (seventy-fourth amendment) act, 1992, which is inconsistent with the provisions of this part, shall continue to be in force until amended or repealed by a competent legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier: provided that all the municipalities existing immediately before such commencement shall continue till the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the legislative assembly of that state or, in the case of a state having a legislative council, by each house of the legislature of that state. 243zg. bar to interference by courts in electoral matters notwithstanding anything in this constitution,the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 243zf shall not be called in question in any court; no election to any municipality shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the legislature of a state. part ixb. the co-operative societies 243zh. definitions in this part, unless the context otherwise requires,"authorised person" means a person referred to as such in article 243zq; "board" means the board of directors or the governing body of a co-operative society, by whatever name called, to which the direction and control of the management of the affairs of a society is entrusted to; "co-operative society" means a society registered or deemed to be registered under any law relating to co-operative societies for the time being in force in any state; "multi-state co-operative society" means a society with objects not confined to one state and registered or deemed to be registered under any law for the time being in force relating to such co-operatives; "office bearer" means a president, vice-president, chairperson, vice-chairperson, secretary or treasurer of a co-operative society and includes any other person to be elected by the board of any co-operative society; "registrar" means the central registrar appointed by the central government in relation to the multi-state co-operative societies and the registrar for co-operative societies appointed by the state government under the law made by the legislature of a state in relation to co-operative societies; "state act" means any law made by the legislature of a state; "state level co-operative society" means a co-operative society having its area of operation extending to the whole of a state and defined as such in any law made by the legislature of a state. 243zi. incorporation of co-operative societies subject to the provisions of this part, the legislature of a state may, by law, make provisions with respect to the incorporation, regulation and winding-up of co-operative societies based on the principles of voluntary formation, democratic member-control, member-economic participation and autonomous functioning. 243zj. number and term of members of board and its office bearers the board shall consist of such number of directors as may be provided by the legislature of a state, by law: provided that the maximum number of directors of a co-operative society shall not exceed twenty-one: provided further that the legislature of a state shall, by law, provide for the reservation of one seat for the scheduled castes or the scheduled tribes and two seats for women on board of every co-operative society consisting of individuals as members and having members from such class or category of persons. the term of office of elected members of the board and its office bearers shall be five years from the date of election and the term of office bearers shall be coterminous with the term of the board: provided that the board may fill a casual vacancy on the board by nomination out of the same class of members in respect of which the casual vacancy has arisen, if the term of office of the board is less than half of its original term. the legislature of a state shall, by law, make provisions for co-option of persons to be members of the board having experience in the field of banking, management, finance or specialisation in any other field relating to the objects and activities undertaken by the co-operative society, as members of the board of such society: provided that the number of such co-opted members shall not exceed two in addition to twenty-one directors specified in the first proviso to clause (1): provided further that such co-opted members shall not have the right to vote in any election of the co-operative society in their capacity as such member or to be eligible to be elected as office bearers of the board: provided also that the functional directors of a co-operative society shall also be the members of the board and such members shall be excluded for the purpose of counting the total number of directors specified in the first proviso to clause (1). 243zk. election of members of board notwithstanding anything contained in any law made by the legislature of a state, the election of a board shall be conducted before the expiry of the term of the board so as to ensure that the newly elected members of the board assume office immediately on the expiry of the term of the office of members of the outgoing board. the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to a co-operative society shall vest in such an authority or body, as may be provided by the legislature of a state, by law: provided that the legislature of a state may, by law, provide for the procedure and guidelines for the conduct of such elections. 243zl. supersession and suspension of board and interim management notwithstanding anything contained in any law for the time being in force, no board shall be superseded or kept under suspension for a period exceeding six months: provided that the board may be superseded or kept under suspension in caseof its persistent default; or of negligence in the performance of its duties; or the board has committed any act prejudicial to the interests of the co-operative society or its members; or there is a stalemate in the constitution or functions of the board; or the authority or body as provided by the legislature of a state, by law, under clause (2) of article 243zk, has failed to conduct elections in accordance with the provisions of the state act: provided further that the board of any such co-operative society shall not be superseded or kept under suspension where there is no government shareholding or loan or financial assistance or any guarantee by the government: provided also that in case of a co-operative society carrying on the business of banking, the provisions of the banking regulation act, 1949 shall also apply: provided also that in case of a co-operative society, other than a multi-state co-operative society, carrying on the business of banking, the provisions of this clause shall have the effect as if for the words "six months", the words "one year" had been substituted. in case of supersession of a board, the administrator appointed to manage the affairs of such co-operative society shall arrange for conduct of elections within the period specified in clause (1) and handover the management to the elected board. the legislature of a state may, by law, make provisions for the conditions of service of the administrator. 243zm. audit of accounts of co-operative societies the legislature of a state may, by law, make provisions with respect to the maintenance of accounts by the co-operative societies and the auditing of such accounts at least once in each financial year. the legislature of a state shall, by law, lay down the minimum qualifications and experience of auditors and auditing firms that shall be eligible for auditing accounts of the co-operative societies. every co-operative society shall cause to be audited by an auditor or auditing firms referred to in clause (2) appointed by the general body of the co-operative society: provided that such auditors or auditing firms shall be appointed from a panel approved by a state government or any authority authorised by the state government in this behalf. the accounts of every co-operative society shall be audited within six months of the close of the financial year to which such accounts relate. the audit report of the accounts of an apex co-operative society, as may be defined by the state act, shall be laid before the state legislature in the manner as may be provided by the state legislature, by law. 243zn. convening of general body meetings the legislature of a state may, by law, make provisions that the annual general body meeting of every co-operative society shall be convened within a period of six months of close of the financial year to transact the business as may be provided in such law. 243zo. right of a member to get information the legislature of a state may, by law, provide for access to every member of a co-operative society to the books, information and accounts of the co-operative society kept in regular transaction of its business with such member. the legislature of a state may, by law, make provisions to ensure the participation of members in the management of the co-operative society providing minimum requirement of attending meetings by the members and utilising the minimum level of services as may be provided in such law. the legislature of a state may, by law, provide for co-operative education and training for its members. 243zp. returns every co-operative society shall file returns, within six months of the close of every financial year, to the authority designated by the state government including the following matters, namely:annual report of its activities; its audited statements of accounts; plan for surplus disposal as approved by the general body of the co-operative society; list of amendments to the bye-laws of the co-operative society, if any; declaration regarding date of holding of its general body meeting and conduct of elections when due; and any other information required by the registrar in pursuance of any of the provisions of the state act. 243zq. offences and penalties the legislature of a state may, by law, make provisions for the offences relating to the co-operative societies and penalties for such offences. a law made by the legislature of a state under clause (1) shall include the commission of the following act or omission as offences, namely:a co-operative society or an officer or member thereof wilfully makes a false return or furnishes false information, or any person willfully not furnishes any information required from him by a person authorised in this behalf under the provisions of the state act; any person wilfully or without any reasonable excuse disobeys any summons, requisition or lawful written order issued under the provisions of the state act; any employer who, without sufficient cause, fails to pay to a co-operative society amount deducted by him from its employee within a period of fourteen days from the date on which such deduction is made; any officer or custodian who wilfully fails to handover custody of books, accounts, documents, records, cash, security and other property belonging to a co-operative society of which he is an officer or custodian, to an authorised person; and whoever, before, during or after the election of members of the board or office bearers, adopts any corrupt practice. 243zr. application to multi-state co-operative societies the provisions of this part shall apply to the multi-state co-operative societies subject to the modification that any reference to "legislature of a state", "state act" or "state government" shall be construed as a reference to "parliament", "central act" or "the central government" respectively. 243zs. application to union territories the provisions of this part shall apply to the union territories and shall, in their application to a union territory, having no legislative assembly as if the references to the legislature of a state were a reference to the administrator thereof appointed under article 239 and, in relation to a union territory having a legislative assembly, to that legislative assembly: provided that the president may, by notification in the official gazette, direct that the provisions of this part shall not apply to any union territory or part thereof as he may specify in the notification. 243zt. continuance of existing laws notwithstanding anything in this part, any provision of any law relating to co-operative societies in force in a state immediately before the commencement of the constitution (ninety-seventh amendment) act, 2011, which is inconsistent with the provisions of this part, shall continue to be in force until amended or repealed by a competent legislature or other competent authority or until the expiration of one year from such commencement, whichever is less. part x. the scheduled and tribal areas 244. administration of scheduled areas and tribal areas the provisions of the fifth schedule shall apply to the administration and control of the scheduled areas and scheduled tribes in any state other than the states of assam , meghalaya, tripura and mizoram. the provisions of the sixth schedule shall apply to the administration of the tribal areas in the states of assam , meghalaya, tripura and mizoram. 244a. formation of an autonomous state comprising certain tribal areas in assam and creation of local legislature or council of ministers or both therefor notwithstanding anything in this constitution, parliament may, by law, form within the state of assam an autonomous state comprising (whether wholly or in part) all or any of the tribal areas specified in part i of the table appended to paragraph 20 of the sixth schedule and create therefora body, whether elected or partly nominated and partly elected, to function as a legislature for the autonomous state, or a council of ministers, or both with such constitution, powers and functions, in each case, as may be specified in the law. any such law as is referred to in clause (1) may, in particular,specify the matters enumerated in the state list or the concurrent list with respect to which the legislature of the autonomous state shall have power to make laws for the whole or any part thereof, whether to the exclusion of the legislature of the state of assam or otherwise; define the matters with respect to which the executive power of the autonomous state shall extend; provide that any tax levied by the state of assam shall be assigned to the autonomous state in so far as the proceeds thereof are attributable to the autonomous state; provide that any reference to a state in any article of this constitution shall be construed as including a reference to the autonomous state; and make such supplemental, incidental and consequential provisions as may be deemed necessary. an amendment of any such law as aforesaid in so far as such amendment relates to any of the matters specified in sub-clause (a) or sub-clause (b) of clause (2) shall have no effect unless the amendment is passed in each house of parliament by not less than two thirds of the members present and voting. any such law as is referred to in this article shall not be deemed to be an amendment of this constitution for the purposes of article 368 notwithstanding that it contains any provision which amends or has the effect of amending this constitution. part xi. relations between the union and the states chapter i. legislative relations distribution of legislative powers 245. extent of laws made by parliament and by the legislatures of states subject to the provisions of this constitution, parliament may make laws for the whole or any part of the territory of india, and the legislature of a state may make laws for the whole or any part of the state. no law made by parliament shall be deemed to be invalid on the ground that it would have extra-territorial operation. 246. subject-matter of laws made by parliament and by the legislatures of states notwithstanding anything in clauses (2) and (3), parliament has exclusive power to make laws with respect to any of the matters enumerated in list i in the seventh schedule (in this constitution referred to as the "union list"). notwithstanding anything in clause (3), parliament, and, subject to clause (1), the legislature of any state also, have power to make laws with respect to any of the matters enumerated in list iii in the seventh schedule (in this constitution referred to as the "concurrent list"). subject to clauses (1) and (2), the legislature of any state has exclusive power to make laws for such state or any part thereof with respect to any of the matters enumerated in list ii in the seventh schedule (in this constitution referred to as the "state list"). parliament has power to make laws with respect to any matter for any part of the territory of india not included in a state notwithstanding that such matter is a matter enumerated in the state list. 246a notwithstanding anything contained in articles 246 and 254, parliament, and, subject to clause (2), the legislature of every state, have power to make laws with respect to goods and services tax imposed by the union or by such state. parliament has exclusive power to make laws with respect to goods and services tax where the supply of goods, or of services, or both takes place in the course of inter-state trade or commerce. explanation the provisions of this article, shall, in respect of goods and services tax referred to in clause (5) of article 279a, take effect from the date recommended by the goods and services tax council. 247. power of parliament to provide for the establishment of certain additional courts notwithstanding anything in this chapter, parliament may by law provide for the establishment of any additional courts for the better administration of laws made by parliament or of any existing law with respect to a matter enumerated in the union list. 248. residuary powers of legislation subject to article 246a, parliament has exclusive power to make any law with respect to any matter not enumerated in the concurrent list or state list. such power shall include the power of making any law imposing a tax not mentioned in either of those lists. 249. power of parliament to legislate with respect to a matter in the state list in the national interest notwithstanding anything in the foregoing provisions of this chapter, if the council of states has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest that parliament should make laws with respect to goods and services tax provided under article 246a or any matter enumerated in the state list specified in the resolution, it shall be lawful for parliament to make laws for the whole or any part of the territory of india with respect to that matter while the resolution remains in force. a resolution passed under clause (1) shall remain in force for such period not exceeding one year as may be specified therein: provided that, if and so often as a resolution approving the continuance in force of any such resolution is passed in the manner provided in clause (1), such resolution shall continue in force for a further period of one year from the date on which under this clause it would otherwise have ceased to be in force. a law made by parliament which parliament would not but for the passing of a resolution under clause (1) have been competent to make shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the resolution has ceased to be in force, except as respects things done or omitted to be done before the expiration of the said period. 250. power of parliament to legislate with respect to any matter in the state list if a proclamation of emergency is in operation notwithstanding anything in this chapter, parliament shall, while a proclamation of emergency is in operation, have power to make laws for the whole or any part of the territory of india with respect to goods and services tax provided under article 246a or any of the matters enumerated in the state list. a law made by parliament which parliament would not but for the issue of a proclamation of emergency have been competent to make shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the proclamation has ceased to operate, except as respects things done or omitted to be done before the expiration of the said period. 251. inconsistency between laws made by parliament under articles 249 and 250 and laws made by the legislatures of states nothing in articles 249 and 250 shall restrict the power of the legislature of a state to make any law which under this constitution it has power to make, but if any provision of a law made by the legislature of a state is repugnant to any provision of a law made by parliament which parliament has under either of the said articles power to make, the law made by parliament, whether passed before or after the law made by the legislature of the state, shall prevail, and the law made by the legislature of the state shall to the extent of the repugnancy, but so long only as the law made by parliament continues to have effect, be inoperative. 252. power of parliament to legislate for two or more states by consent and adoption of such legislation by any other state if it appears to the legislatures of two or more states to be desirable that any of the matters with respect to which parliament has no power to make laws for the states except as provided in articles 249 and 250 should be regulated in such states by parliament by law, and if resolutions to that effect are passed by all the houses of the legislatures of those states, it shall be lawful for parliament to pass an act for regulating that matter accordingly, and any act so passed shall apply to such states and to any other state by which it is adopted afterwards by resolution passed in that behalf by the house or, where there are two houses, by each of the houses of the legislature of that state. any act so passed by parliament may be amended or repealed by an act of parliament passed or adopted in like manner but shall not, as respects any state to which it applies, be amended or repealed by an act of the legislature of that state. 253. legislation for giving effect to international agreements notwithstanding anything in the foregoing provisions of this chapter, parliament has power to make any law for the whole or any part of the territory of india for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body. 254. inconsistency between laws made by parliament and laws made by the legislatures of states if any provision of a law made by the legislature of a state is repugnant to any provision of a law made by parliament which parliament is competent to enact, or to any provision of an existing law with respect to one of the matters enumerated in the concurrent list, then, subject to the provisions of clause (2), the law made by parliament, whether passed before or after the law made by the legislature of such state, or, as the case may be, the existing law, shall prevail and the law made by the legislature of the state shall, to the extent of the repugnancy, be void. where a law made by the legislature of a state with respect to one of the matters enumerated in the concurrent list contains any provision repugnant to the provisions of an earlier law made by parliament or an existing law with respect to that matter, then, the law so made by the legislature of such state shall, if it has been reserved for the consideration of the president and has received his assent, prevail in that state: provided that nothing in this clause shall prevent parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the legislature of the state. 255. requirements as to recommendations and previous sanctions to be regarded as matters of procedure only no act of parliament or of the legislature of a state, and no provision in any such act, shall be invalid by reason only that some recommendation or previous sanction required by this constitution was not given, if assent to that act was givenwhere the recommendation required was that of the governor, either by the governor or by the president; where the recommendation required was that of the rajpramukh, either by the rajpramukh or by the president; where the recommendation or previous sanction required was that of the president, by the president. chapter ii. administrative relations general 256. obligation of states and the union the executive power of every state shall be so exercised as to ensure compliance with the laws made by parliament and any existing laws which apply in that state, and the executive power of the union shall extend to the giving of such directions to a state as may, appear to the government of india to be necessary for that purpose. 257. control of the union over states in certain cases the executive power of every state shall be so exercised as not to impede or prejudice the exercise of the executive power of the union, and the executive power of the union shall extend to the giving of such directions to a state as may appear to the government of india to be necessary for that purpose. the executive power of the union shall also extend to the giving of directions to a state as to the construction and maintenance of means of communication declared in the direction to be of national or military importance: provided that nothing in this clause shall be taken as restricting the power of parliament to declare highways or waterways to be national highways or national waterways or the power of the union with respect to the highways or waterways so declared or the power of the union to construct and maintain means of communication as part of its functions with respect to naval, military and air force works. the executive power of the union shall also extend to the giving of directions to a state as to the measures to be taken for the protection of the railways within the state. where in carrying out any direction given to a state under clause (2) as to the construction or maintenance of any means of communication or under clause (3) as to the measures to be taken for the protection of any railway, costs have been incurred in excess of those which would have been incurred in the discharge of the normal duties of the state if such direction had not been given, there shall be paid by the government of india to the state such sum as may be agreed, or, in default of agreement, as may be determined by an arbitrator appointed by the chief justice of india, in respect of the extra costs so incurred by the state. 257a. assistance to states by deployment of armed forces or other forces of the union rep. by the constitution (forty-fourth amendment) act, 1978, s. 33 (w.e.f. 20-61979). 258. power of the union to confer powers, etc., on states in certain cases notwithstanding anything in this constitution, the president may, with the consent of the government of a state, entrust either conditionally or unconditionally to that government or to its officers functions in relation to any matter to which the executive power of the union extends. a law made by parliament which applies in any state may, notwithstanding that it relates to a matter with respect to which the legislature of the state has no power to make laws, confer powers and impose duties, or authorise the conferring of powers and the imposition of duties, upon the state or officers and authorities thereof. where by virtue of this article powers and duties have been conferred or imposed upon a state or officers or authorities thereof, there shall be paid by the government of india to the state such sum as may be agreed, or, in default of agreement, as may be determined by an arbitrator appointed by the chief justice of india, in respect of any extra costs of administration incurred by the state in connection with the exercise of those powers and duties. 258a. power of the states to entrust functions to the union notwithstanding anything in this constitution, the governor of a state may, with the consent of the government of india, entrust either conditionally or unconditionally to that government or to its officers functions in relation to any matter to which the exclusive power of the state extends. 259. armed forces in states in part b of the first schedule rep. by the constitution (seventh amendment) act, 1956 s. 29 and sch. 260. jurisdiction of the union in relation to territories outside india the government of india may by agreement with the government of any territory not being part of the territory of india undertake any executive, legislative or judicial functions vested in the government of such territory, but every such agreement shall be subject to, and governed by, any law relating to the exercise of foreign jurisdiction for the time being in force. 261. public acts, records and judicial proceedings full faith and credit shall be given throughout the territory of india to public acts, records and judicial proceedings of the union and of every state. the manner in which and the conditions under which the acts, records and proceedings referred to in clause (1) shall be proved and the effect thereof determined shall be as provided by law made by parliament. final judgments or orders delivered or passed by civil courts in any part of the territory of india shall be capable of execution anywhere within that territory according to law. disputes relating to waters 262. adjudication of disputes relating to waters of inter-state rivers or river valleys parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, or in, any inter-state river or river valley. notwithstanding anything in this constitution, parliament may by law provide that neither the supreme court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint as is referred to in clause (1). co-ordination between states 263. provisions with respect to an inter-state council if at any time it appears to the president that the public interests would be served by the establishment of a council charged with the duty ofinquiring into and advising upon disputes which may have arisen between states; investigating and discussing subjects in which some or all of the states, or the union and one or more of the states, have a common interest; or making recommendations upon any such subject and, in particular, recommendations for the better co-ordination of policy and action with respect to that subject, it shall be lawful for the president by order to establish such a council, and to define the nature of the duties to be performed by it and its organisation and procedure. part xii. finance, property, contracts and suits chapter i. finance general 264. interpretation in this part, "finance commission" means a finance commission constituted under article 280. 265. taxes not to be imposed save by authority of law no tax shall be levied or collected except by authority of law. 266. consolidated funds and public accounts of india and of the states subject to the provisions of article 267 and to the provisions of this chapter with respect to the assignment of the whole or part of the net proceeds of certain taxes and duties to states, all revenues received by the government of india, all loans raised by that government by the issue of treasury bills, loans or ways and means advances and all moneys received by that government in repayment of loans shall form one consolidated fund to be entitled "the consolidated fund of india", and all revenues received by the government of a state, all loans raised by that government by the issue of treasury bills, loans or ways and means advances and all moneys received by that government in repayment of loans shall form one consolidated fund to be entitled "the consolidated fund of the state" all other public moneys received by or on behalf of the government of india or the government of a state shall be credited to the public account of india or the public account of the state, as the case may be. no moneys out of the consolidated fund of india or the consolidated fund of a state shall be appropriated except in accordance with law and for the purposes and in the manner provided in this constitution. 267. contingency fund parliament may by law establish a contingency fund in the nature of an imprest to be entitled "the contingency fund of india" into which shall be paid from time to time such sums as may be determined by such law, and the said fund shall be placed at the disposal of the president to enable advances to be made by him out of such fund for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by parliament by law under article 115 or article 116. the legislature of a state may by law establish a contingency fund in the nature of an imprest to be entitled "the contingency fund of the state" into which shall be paid from time to time such sums as may be determined by such law, and the said fund shall be placed at the disposal of the governor of the state to enable advances to be made by him out of such fund for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by the legislature of the state by law under article 205 or article 206. distribution of revenues between the union and the states 268. duties levied by the union but collected and appropriated by the states such stamp duties as are mentioned in the union list shall be levied by the government of india but shall be collectedin the case where such duties are leviable within any union territory, by the government of india, and in other cases, by the states within which such duties are respectively leviable. the proceeds in any financial year of any such duty leviable within any state shall not form part of the consolidated fund of india, but shall be assigned to that state. [omitted by the constitution (one hundred and first amendment) act, 2016] 269. taxes levied and collected by the union but assigned to the states taxes on the sale or purchase of goods and taxes on the consignment of goods except as provided in article 269a shall be levied and collected by the government of india but shall be assigned and shall be deemed to have been assigned to the states on or after the 1st day of april, 1996 in the manner provided in clause (2). explanation for the purposes of this clause,the expression "taxes on the sale or purchase of goods" shall mean taxes on sale or purchase of goods other than newspapers, where such sale or purchase takes place in the course of inter-state trade or commerce; the expression "taxes on the consignment of goods" shall mean taxes on the consignment of goods (whether the consignment is to the person making it or to any other person), where such consignment takes place in the course of inter-state trade or commerce. the net proceeds in any financial year of any such tax, except in so far as those proceeds represent proceeds attributable to union territories, shall not form part of the consolidated fund of india, but shall be assigned to the states within which that tax is leviable in that year, and shall be distributed among those states in accordance with such principles of distribution as may be formulated by parliament by law. parliament may by law formulate principles for determining when a sale or purchase of, or consignment of, goods takes place in the course of inter-state trade or commerce. 269a goods and services tax on supplies in the course of inter-state trade or commerce shall be levied and collected by the government of india and such tax shall be apportioned between the union and the states in the manner as may be provided by parliament by law on the recommendations of the goods and services tax council. explanation for the purposes of this clause, supply of goods, or of services, or both in the course of import into the territory of india shall be deemed to be supply of goods, or of services, or both in the course of inter-state trade or commerce. the amount apportioned to a state under clause (1) shall not form part of the consolidated fund of india. where an amount collected as tax levied under clause (1) has been used for payment of the tax levied by a state under article 246a, such amount shall not form part of the consolidated fund of india. where an amount collected as tax levied by a state under article 246a has been used for payment of the tax levied under clause (1), such amount shall not form part of the consolidated fund of the state. parliament may, by law, formulate the principles for determining the place of supply, and when a supply of goods, or of services, or both takes place in the course of inter-state trade or commerce. 270. taxes levied and distributed between the union and the states all taxes and duties referred to in the union list, except the duties and taxes referred to in articles 268, 269 and 269a, respectively, surcharge on taxes and duties referred to in article 271 and any cess levied for specific purposes under any law made by parliament shall be levied and collected by the government of india and shall be distributed between the union and the states in the manner provided in clause (2). the tax collected by the union under clause (1) of article 246a shall also be distributed between the union and the states in the manner provided in clause (2). the tax levied and collected by the union under clause (2) of article 246a and article 269a, which has been used for payment of the tax levied by the union under clause (1) of article 246a, and the amount apportioned to the union under clause (1) of article 269a, shall also be distributed between the union and the states in the manner provided in clause (2). such percentage, as may be prescribed, of the net proceeds of any such tax or duty in any financial year shall not form part of the consolidated fund of india, but shall be assigned to the states within which that tax or duty is leviable in that year, and shall be distributed among those states in such manner and from such time as may be prescribed in the manner provided in clause (3). in this article, "prescribed" means,until a finance commission has been constituted, prescribed by the president by order, and after a finance commission has been constituted, prescribed by the president by order after considering the recommendations of the finance commission. 271. surcharge on certain duties and taxes for purposes of the union notwithstanding anything in articles 269 and 270, parliament may at any time increase any of the duties or taxes referred to in those articles except the goods and services tax under article 246a, by a surcharge for purposes of the union and the whole proceeds of any such surcharge shall form part of the consolidated fund of india. 272. taxes which are levied and collected by the union and may be distributed between the union and the states omitted by the constitution (eightieth amendment) act, 2000, s. 4. 273. grants in lieu of export duty on jute and jute products there shall be charged on the consolidated fund of india in each year as grants-in-aid of the revenues of the states of assam, bihar, orissa and west bengal, in lieu of assignment of any share of the net proceeds in each year of export duty on jute and jute products to those states, such sums as may be prescribed. the sums so prescribed shall continue to be charged on the consolidated fund of india so long as any export duty on jute or jute products continues to be levied by the government of india or until the expiration of ten years from the commencement of this constitution, whichever is earlier. in this article, the expression "prescribed" has the same meaning as in article 270. 274. prior recommendation of president require to bills affecting taxation in which states are interested no bill or amendment which imposes or varies any tax or duty in which states are interested, or which varies the meaning of the expression "agricultural income" as defined for the purposes of the enactments relating to indian income-tax, or which affects the principles on which under any of the foregoing provisions of this chapter moneys are or may be distributable to states, or which imposes any such surcharge for the purposes of the union as is mentioned in the foregoing provisions of this chapter, shall be introduced or moved in either house of parliament except on the recommendation of the president. in this article, the expression "tax or duty in which states are interested" meansa tax or duty the whole or part of the net proceeds whereof are assigned to any state; or a tax or duty by reference to the net proceeds whereof sums are for the time being payable out of the consolidated fund of india to any state. 275. grants from the union to certain states such sums as parliament may by law provide shall be charged on the consolidated fund of india in each year as grants-in-aid of the revenues of such states as parliament may determine to be in need of assistance, and different sums may be fixed for different states: provided that there shall be paid out of the consolidated fund of india as grants-in-aid of the revenues of a state such capital and recurring sums as may be necessary to enable that state to meet the costs of such schemes of development as may be undertaken by the state with the approval of the government of india for the purpose of promoting the welfare of the scheduled tribes in that state or raising the level of administration of the scheduled areas therein to that of the administration of the rest of the areas of that state: provided further that there shall be paid out of the consolidated fund of india as grants in-aid of the revenues of the state of assam sums, capital and recurring, equivalent tothe average excess of expenditure over the revenues during the two years immediately preceding the commencement of this constitution in respect of the administration of the tribal areas specified in part i of the table appended to paragraph 20 of the sixth schedule; and the costs of such schemes of development as may be undertaken by that state with the approval of the government of india for the purpose of raising the level of administration of the said areas to that of the administration of the rest of the areas of that state. on and from the formation of the autonomous state under article 244a,any sums payable under clause (a) of the second proviso to clause (1) shall, if the autonomous state comprises all the tribal areas referred to therein, be paid to the autonomous state, and, if the autonomous state comprises only some of those tribal areas, be apportioned between the state of assam and the autonomous state as the president may, by order, specify; there shall be paid out of the consolidated fund of india as grants-in-aid of the revenues of the autonomous state sums, capital and recurring, equivalent to the costs of such schemes of development as may be undertaken by the autonomous state with the approval of the government of india for the purpose of raising the level of administration of that state to that of the administration of the rest of the state of assam. until provision is made by parliament under clause (1), the powers conferred on parliament under that clause shall be exercisable by the president by order and any order made by the president under this clause shall have effect subject to any provision so made by parliament: provided that after a finance commission has been constituted no order shall be made under this clause by the president except after considering the recommendations of the finance commission. 276. taxes on professions, trades, callings and employments notwithstanding anything in article 246, no law of the legislature of a state relating to taxes for the benefit of the state or of a municipality, district board, local board or other local authority therein in respect of professions, trades, callings or employments shall be invalid on the ground that it relates to a tax on income. the total amount payable in respect of any one person to the state or to any one municipality, district board, local board or other local authority in the state by way of taxes on professions, trades, callings and employments shall not exceed two thousand and five hundred rupees per annum. the power of the legislature of a state to make laws as aforesaid with respect to taxes on professions, trades, callings and employments shall not be construed as limiting in any way the power of parliament to make laws with respect to taxes on income accruing from or arising out of professions, trades, callings and employments. 277. savings any taxes, duties, cesses or fees which, immediately before the commencement of this constitution, were being lawfully levied by the government of any state or by any municipality or other local authority or body for the purposes of the state, municipality, district or other local area may, notwithstanding that those taxes, duties, cesses or fees are mentioned in the union list, continue to be levied and to be applied to the same purposes until provision to the contrary is made by parliament by law. 278. agreement with states in part b of the first schedule with regard to certain financial matters rep. by the constitution (seventh amendment) act, 1956, s. 29 and sch. 279. calculation of "net proceeds", etc in the foregoing provisions of this chapter, "net proceeds" means in relation to any tax or duty the proceeds thereof reduced by the cost of collection, and for the purposes of those provisions the net proceeds of any tax or duty, or of any part of any tax or duty, in or attributable to any area shall be ascertained and certified by the comptroller and auditor-general of india, whose certificate shall be final. subject as aforesaid, and to any other express provision of this chapter, a law made by parliament or an order of the president may, in any case where under this part the proceeds of any duty or tax are, or may be, assigned to any state, provide for the manner in which the proceeds are to be calculated, for the time from or at which and the manner in which any payments are to be made, for the making of adjustments between one financial year and another, and for any other incidental or ancillary matters. 279a the president shall, within sixty days from the date of commencement of the constitution (one hundred and first amendment) act, 2016, by order, constitute a council to be called the goods and services tax council. the goods and services tax council shall consist of the following members, namely:-the union finance minister........................ chairperson; the union minister of state in charge of revenue or finance................. member; the minister in charge of finance or taxation or any other minister nominated by each state government....................members. the members of the goods and services tax council referred to in sub-clause (c) of clause (2) shall, as soon as may be, choose one amongst themselves to be the vice-chairperson of the council for such period as they may decide. the goods and services tax council shall make recommendations to the union and the states on-the taxes, cesses and surcharges levied by the union, the states and the local bodies which may be subsumed in the goods and services tax; the goods and services that may be subjected to, or exempted from the goods and services tax; model goods and services tax laws, principles of levy, apportionment of goods and services tax levied on supplies in the course of inter-state trade or commerce under article 269a and the principles that govern the place of supply; the threshold limit of turnover below which goods and services may be exempted from goods and services tax; the rates including floor rates with bands of goods and services tax; any special rate or rates for a specified period, to raise additional resources during any natural calamity or disaster; special provision with respect to the states of arunachal pradesh, assam, jammu and kashmir, manipur, meghalaya, mizoram, nagaland, sikkim, tripura, himachal pradesh and uttarakhand; and any other matter relating to the goods and services tax, as the council may decide. the goods and services tax council shall recommend the date on which the goods and services tax be levied on petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas and aviation turbine fuel. while discharging the functions conferred by this article, the goods and services tax council shall be guided by the need for a harmonised structure of goods and services tax and for the development of a harmonised national market for goods and services. one-half of the total number of members of the goods and services tax council shall constitute the quorum at its meetings. the goods and services tax council shall determine the procedure in the performance of its functions. every decision of the goods and services tax council shall be taken at a meeting, by a majority of not less than three-fourths of the weighted votes of the members present and voting, in accordance with the following principles, namely:-the vote of the central government shall have a weightage of onethird of the total votes cast, and the votes of all the state governments taken together shall have a weightage of two-thirds of the total votes cast, in that meeting. no act or proceedings of the goods and services tax council shall be invalid merely by reason of-any vacancy in, or any defect in, the constitution of the council; or any defect in the appointment of a person as a member of the council; or any procedural irregularity of the council not affecting the merits of the case. the goods and services tax council shall establish a mechanism to adjudicate any dispute -between the government of india and one or more states; or between the government of india and any state or states on one side and one or more other states on the other side; or between two or more states, arising out of the recommendations of the council or implementation thereof. 280. finance commission the president shall, within two years from the commencement of this constitution and thereafter at the expiration of every fifth year or at such earlier time as the president considers necessary, by order constitute a finance commission which shall consist of a chairman and four other members to be appointed by the president. parliament may by law determine the qualifications which shall be requisite for appointment as members of the commission and the manner in which they shall be selected. it shall be the duty of the commission to make recommendations to the president as tothe distribution between the union and the states of the net proceeds of taxes which are to be, or may be, divided between them under this chapter and the allocation between the states of the respective shares of such proceeds; the principles which should govern the grants-in-aid of the revenues of the states out of the consolidated fund of india; the measures needed to augment the consolidated fund of a state to supplement the resources of the panchayats in the state on the basis of the recommendations made by the finance commission of the state; the measures needed to augment the consolidated fund of a state to supplement the resources of the municipalities in the state on the basis of the recommendations made by the finance commission of the state; any other matter referred to the commission by the president in the interests of sound finance. the commission shall determine their procedure and shall have such powers in the performance of their functions as parliament may by law confer on them. 281. recommendations of the finance commission the president shall cause every recommendation made by the finance commission under the provisions of this constitution together with an explanatory memorandum as to the action taken thereon to be laid before each house of parliament. miscellaneous financial provisions 282. expenditure defrayable by the union or a state out of its revenues the union or a state may make any grants for any public purpose, notwithstanding that the purpose is not one with respect to which parliament or the legislature of the state, as the case may be, may make laws. 283. custody, etc., of consolidated funds, contingency funds and moneys credited to the public accounts the custody of the consolidated fund of india and the contingency fund of india, the payment of moneys into such funds, the withdrawal of moneys therefrom, the custody of public moneys other than those credited to such funds received by or on behalf of the government of india, their payment into the public account of india and the withdrawal of moneys from such account and all other matters connected with or ancillary to matters aforesaid shall be regulated by law made by parliament, and, until provision in that behalf is so made, shall be regulated by rules made by the president. the custody of the consolidated fund of a state and the contingency fund of a state, the payment of moneys into such funds, the withdrawal of moneys therefrom, the custody of public moneys other than those credited to such funds received by or on behalf of the government of the state, their payment into the public account of the state and the withdrawal of moneys from such account and all other matters connected with or ancillary to matters aforesaid shall be regulated by law made by the legislature of the state, and, until provision in that behalf is so made, shall be regulated by rules made by the governor of the state. 284. custody of suitorsdeposits and other moneys received by public servants and courts all moneys received by or deposited withany officer employed in connection with the affairs of the union or of a state in his capacity as such, other than revenues or public moneys raised or received by the government of india or the government of the state, as the case may be, or any court within the territory of india to the credit of any cause, matter, account or persons, shall be paid into the public account of india or the public account of state, as the case may be. 285. exemption of property of the union from state taxation the property of the union shall, save in so far as parliament may by law otherwise provide, be exempt from all taxes imposed by a state or by any authority within a state. nothing in clause (1) shall, until parliament by law otherwise provides, prevent any authority within a state from levying any tax on any property of the union to which such property was immediately before the commencement of this constitution liable or treated as liable, so long as that tax continues to be levied in that state. 286. restrictions as to imposition of tax on the sale or purchase of goods no law of a state shall impose, or authorise the imposition of, a tax on the supply of goods or of services or both, where such supply takes placeoutside the state; or in the course of the import of the goods or services or both into, or export of the goods or services or both out of, the territory of india. parliament may by law formulate principles for determining when a sale or purchase of goods takes place in any of the ways mentioned in clause (1). [omitted by the constitution (one hundred and first amendment) act, 2016] 287. exemption from taxes on electricity save in so far as parliament may by law otherwise provide, no law of a state shall impose, or authorise the imposition of, a tax on the consumption or sale of electricity (whether produced by a government or other persons) which isconsumed by the government of india, or sold to the government of india for consumption by that government; or consumed in the construction, maintenance or operation of any railway by the government of india or a railway company operating that railway, or sold to that government or any such railway company for consumption in the construction, maintenance or operation of any railway, and any such law imposing, or authorising the imposition of, a tax on the sale of electricity shall secure that the price of electricity sold to the government of india for consumption by that government, or to any such railway company as aforesaid for consumption in the construction, maintenance or operation of any railway, shall be less by the amount of the tax than the price charged to other consumers of a substantial quantity of electricity. 288. exemption from taxation by states in respect of water or electricity in certain cases save in so far as the president may by order otherwise provide, no law of a state in force immediately before the commencement of this constitution shall impose, or authorise the imposition of, a tax in respect of any water or electricity stored, generated, consumed, distributed or sold by any authority established by any existing law or any law made by parliament for regulating or developing any inter-state river or river-valley. explanation the expression "law of a state in force" in this clause shall include a law of a state passed or made before the commencement of this constitution and not previously repealed, notwithstanding that it or parts of it may not be then in operation either at all or in particular areas. the legislature of a state may by law impose, or authorise the imposition of, any such tax as is mentioned in clause (1), but no such law shall have any effect unless it has, after having been reserved for the consideration of the president, received his assent; and if any such law provides for the fixation of the rates and other incidents of such tax by means of rules or orders to be made under the law by any authority, the law shall provide for the previous consent of the president being obtained to the making of any such rule or order. 289. exemption of property and income of a state from union taxation the property and income of a state shall be exempt from union taxation. nothing in clause (1) shall prevent the union from imposing, or authorising the imposition of, any tax to such extent, if any, as parliament may by law provide in respect of a trade or business of any kind carried on by, or on behalf of, the government of a state, or any operations connected therewith, or any property used or occupied for the purposes of such trade or business, or any income accruing or arising in connection therewith. nothing in clause (2) shall apply to any trade or business, or to any class of trade or business, which parliament may by law declare to be incidental to the ordinary functions of government. 290. adjustment in respect of certain expenses and pensions where under the provisions of this constitution the expenses of any court or commission, or the pension payable to or in respect of a person who has served before the commencement of this constitution under the crown in india or after such commencement in connection with the affairs of the union or of a state, are charged on the consolidated fund of india or the consolidated fund of a state, then, ifin the case of a charge on the consolidated fund of india, the court or commission serves any of the separate needs of a state, or the person has served wholly or in part in connection with the affairs of a state; or in the case of a charge on the consolidated fund of a state, the court or commission serves any of the separate needs of the union or another state, or the person has served wholly or in part in connection with the affairs of the union or another state, there shall be charged on and paid out of the consolidated fund of the state or, as the case may be, the consolidated fund of india or the consolidated fund of the other state, such contribution in respect of the expenses or pension as may be agreed, or as may in default of agreement be determined by an arbitrator to be appointed by the chief justice of india. 290a. annual payment to certain devaswom funds a sum of forty-six lakhs and fifty thousand rupees shall be charged on, and paid out of the consolidated fund of the state of kerala every year to the travancore devaswom fund; and a sum of thirteen lakhs and fifty thousand rupees shall be charged on, and paid out of the consolidated fund of the state of tamil nadu, every year to the devaswom fund established in that state for the maintenance of hindu temples and shrines in the territories transferred to that state on the 1st day of november, 1956, from the state of travancore-cochin. 291. privy purse sums of rulers rep. by the constitution (twenty-sixth amendment) act, 1971 s. 2. chapter ii. borrowing 292. borrowing by the government of india the executive power of the union extends to borrowing upon the security of the consolidated fund of india within such limits, if any, as may from time to time be fixed by parliament by law and to the giving of guarantees within such limits, if any, as may be so fixed 293. borrowing by states subject to the provisions of this article, the executive power of a state extends to borrowing within the territory of india upon the security of the consolidated fund of the state within such limits, if any, as may from time to time be fixed by the legislature of such state by law and to the giving of guarantees within such limits, if any, as may be so fixed. the government of india may, subject to such conditions as may be laid down by or under any law made by parliament, make loans to any state or, so long as any limits fixed under article 292 are not exceeded, give guarantees in respect of loans raised by any state, and any sums required for the purpose of making such loans shall be charged on the consolidated fund of india. a state may not without the consent of the government of india raise any loan if there is still outstanding any part of a loan which has been made to the state by the government of india or by its predecessor government, or in respect of which a guarantee has been given by the government of india or by its predecessor government. a consent under clause (3) may be granted subject to such conditions, if any, as the government of india may think fit to impose. chapter iii. property, contracts, rights, liabilities, obligations and suits 294. succession to property, assets, rights, liabilities and obligations in certain cases as from the commencement of this constitutionall property and assets which immediately before such commencement were vested in his majesty for the purposes of the government of the dominion of india and all property and assets which immediately before such commencement were vested in his majesty for the purposes of the government of each governor's province shall vest respectively in the union and the corresponding state, and all rights, liabilities and obligations of the government of the dominion of india and of the government of each governor's province, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations respectively of the government of india and the government of each corresponding state, subject to any adjustment made or to be made by reason of the creation before the commencement of this constitution of the dominion of pakistan or of the provinces of west bengal, east bengal, west punjab and east punjab. 295. succession to property, assets, rights, liabilities and obligations in other cases as from the commencement of this constitutionall property and assets which immediately before such commencement were vested in any indian state corresponding to a state specified in part b of the first schedule shall vest in the union, if the purposes for which such property and assets were held immediately before such commencement will thereafter be purposes of the union relating to any of the matters enumerated in the union list, and all rights, liabilities and obligations of the government of any indian state corresponding to a state specified in part b of the first schedule, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations of the government of india, if the purposes for which such rights were acquired or liabilities or obligations were incurred before such commencement will thereafter be purposes of the government of india relating to any of the matters enumerated in the union list, subject to any agreement entered into in that behalf by the government of india with the government of that state. subject as aforesaid, the government of each state specified in part b of the first schedule shall, as from the commencement of this constitution, be the successor of the government of the corresponding indian state as regards all property and assets and all rights, liabilities and obligations, whether arising out of any contract or otherwise, other than those referred to in clause (1). 296. property accruing by escheat or lapse or as bona vacantia subject as hereinafter provided, any property in the territory of india which, if this constitution had not come into operation, would have accrued to his majesty or, as the case may be, to the ruler of an indian state by escheat or lapse, or as bona vacantia for want of a rightful owner, shall, if it is property situate in a state, vest in such state, and shall, in any other case, vest in the union: provided that any property which at the date when it would have so accrued to his majesty or to the ruler of an indian state was in the possession or under the control of the government of india or the government of a state shall, according as the purposes for which it was then used or held were purposes of the union or of a state, vest in the union or in that state. explanation in this article, the expressions "rulers" and "indian state" have the same meanings as in article 363. 297. things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the union all lands, minerals and other things of value underlying the ocean within the territorial waters, or the continental shelf, or the exclusive economic zone, of india shall vest in the union and be held for the purposes of the union. all other resources of the exclusive economic zone of india shall also vest in the union and be held for the purposes of the union. the limits of the territorial waters, the continental shelf, the exclusive economic zone, and other maritime zones, of india shall be such as may be specified, from time to time, by or under any law made by parliament. 298. power to carry on trade, etc the executive power of the union and of each state shall extend to the carrying on of any trade or business and to the acquisition, holding and disposal of property and the making of contracts for any purpose: provided thatthe said executive power of the union shall, in so far as such trade or business or such purpose is not one with respect to which parliament may make laws, be subject in each state to legislation by the state; and the said executive power of each state shall, in so far as such trade or business or such purpose is not one with respect to which the state legislature may make laws, be subject to legislation by parliament. 299. contracts all contracts made in the exercise of the executive power of the union or of a state shall be expressed to be made by the president, or by the governor of the state, as the case may be, and all such contracts and all assurances of property made in the exercise of that power shall be executed on behalf of the president or the governor by such persons and in such manner as he may direct or authorise. neither the president nor the governor shall be personally liable in respect of any contract or assurance made or executed for the purposes of this constitution, or for the purposes of any enactment relating to the government of india heretofore in force, nor shall any person making or executing any such contract or assurance on behalf of any of them be personally liable in respect thereof. 300. suits and proceedings the government of india may sue or be sued by the name of the union of india and the government of a state may sue or be sued by the name of the state and may, subject to any provisions which may be made by act of parliament or of the legislature of such state enacted by virtue of powers conferred by this constitution, sue or be sued in relation to their respective affairs in the like cases as the dominion of india and the corresponding provinces or the corresponding indian states might have sued or been sued if this constitution had not been enacted. if at the commencement of this constitutionany legal proceedings are pending to which the dominion of india is a party, the union of india shall be deemed to be substituted for the dominion in those proceedings; and any legal proceedings are pending to which a province or an indian state is a party, the corresponding state shall be deemed to be substituted for the province or the indian state in those proceedings. chapter iv. right to property 300a. persons not to be deprived of property save by authority of law no person shall be deprived of his property save by authority of law. part xiii. trade, commerce and intercourse within the territory of india 301. freedom of trade, commerce and intercourse subject to the other provisions of this part, trade, commerce and intercourse throughout the territory of india shall be free. 302. power of parliament to impose restrictions on trade, commerce and intercourse parliament may by law impose such restrictions on the freedom of trade, commerce or intercourse between one state and another or within any part of the territory of india as may be required in the public interest. 303. restrictions on the legislative powers of the union and of the states with regard to trade and commerce notwithstanding anything in article 302, neither parliament nor the legislature of a state shall have power to make any law giving, or authorising the giving of, any preference to one state over another, or making, or authorising the making of, any discrimination between one state and another, by virtue of any entry relating to trade and commerce in any of the lists in the seventh schedule. nothing in clause (1) shall prevent parliament from making any law giving, or authorising the giving of, any preference or making, or authorising the making of, any discrimination if it is declared by such law that it is necessary to do so for the purpose of dealing with a situation arising from scarcity of goods in any part of the territory of india. 304. restrictions on trade, commerce and intercourse among states notwithstanding anything in article 301 or article 303, the legislature of a state may by lawimpose on goods imported from other states or the union territories any tax to which similar goods manufactured or produced in that state are subject, so, however, as not to discriminate between goods so imported and goods so manufactured or produced; and impose such reasonable restrictions on the freedom of trade, commerce or intercourse with or within that state as may be required in the public interest: provided that no bill or amendment for the purposes of clause (b) shall be introduced or moved in the legislature of a state without the previous sanction of the president. 305. saving of existing laws and laws providing for state monopolies nothing in articles 301 and 303 shall affect the provisions of any existing law except in so far as the president may by order otherwise direct; and nothing in article 301 shall affect the operation of any law made before the commencement of the constitution (fourth amendment) act, 1955, in so far as it relates to, or prevent parliament or the legislature of a state from making any law relating to, any such matter as is referred to in sub-clause (ii) of clause (6) of article 19. 306. power of certain states in part b of the first schedule to impose restrictions on trade and commerce rep. by the constitution (seventh amendment) act, 1956, s. 29 and sch. 307. appointment of authority for carrying out the purposes of articles 301 to 304 parliament may by law appoint such authority as it considers appropriate for carrying out the purposes of articles 301, 302, 303 and 304, and confer on the authority so appointed such powers and such duties as it thinks necessary. part xiv. services under the union and the states chapter i. services 308. interpretation in this part, unless the context otherwise requires, the expression "state" does not include the state of jammu and kashmir. 309. recruitment and conditions of service of persons serving the union or a state subject to the provisions of this constitution, acts of the appropriate legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the union or of any state: provided that it shall be competent for the president or such person as he may direct in the case of services and posts in connection with the affairs of the union, and for the governor of a state or such person as he may direct in the case of services and posts in connection with the affairs of the state, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by or under an act of the appropriate legislature under this article, and any rules so made shall have effect subject to the provisions of any such act. 310. tenure of office of persons serving the union or a state except as expressly provided by this constitution, every person who is a member of a defence service or of a civil service of the union or of an all-india service or holds any post connected with defence or any civil post under the union holds office during the pleasure of the president, and every person who is a member of a civil service of a state or holds any civil post under a state holds office during the pleasure of the governor of the state. notwithstanding that a person holding a civil post under the union or a state holds office during the pleasure of the president or, as the case may be, of the governor of the state, any contract under which a person, not being a member of a defence service or of an all-india service or of a civil service of the union or a state, is appointed under this constitution to hold such a post may, if the president or the governor, as the case may be, deems it necessary in order to secure the services of a person having special qualifications, provide for the payment to him of compensation, if before the expiration of an agreed period that post is abolished or he is, for reasons not connected with any misconduct on his part, required to vacate that post. 311. dismissal, removal or reduction in rank of persons employed in civil capacities under the union or a state no person who is a member of a civil service of the union or an all-india service or a civil service of a state or holds a civil post under the union or a state shall be dismissed or removed by an authority subordinate to that by which he was appointed. no such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges: provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed: provided further that this clause shall not applywhere a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry; or where the president or the governor, as the case may be, is satisfied that in the interest of the security of the state it is not expedient to hold such inquiry. if, in respect of any such person as aforesaid, a question arises whether it is reasonably practicable to hold such inquiry as is referred to in clause (2), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank shall be final. 312. all-india services notwithstanding anything in chapter vi of part vi or part xi, if the council of states has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest so to do, parliament may by law provide for the creation of one or more all-india services (including an all-india judicial service) common to the union and the states, and, subject to the other provisions of this chapter, regulate the recruitment, and the conditions of service of persons appointed, to any such service. the services known at the commencement of this constitution as the indian administrative service and the indian police service shall be deemed to be services created by parliament under this article. the all-india judicial service referred to in clause (1) shall not include any post inferior to that of a district judge as defined in article 236. the law providing for the creation of the all-india judicial service aforesaid may contain such provisions for the amendment of chapter vi of part vi as may be necessary for giving effect to the provisions of that law and no such law shall be deemed to be an amendment of this constitution for the purposes of article 368. 312a. power of parliament to vary or revoke conditions of service of officers of certain services parliament may by lawvary or revoke, whether prospectively or retrospectively, the conditions of service as respects remuneration, leave and pension and the rights as respects disciplinary matters of persons who, having been appointed by the secretary of state or secretary of state in council to a civil service of the crown in india before the commencement of this constitution, continue on and after the commencement of the constitution (twenty-eighth amendment) act, 1972, to serve under the government of india or of a state in any service or post; vary or revoke, whether prospectively or retrospectively, the conditions of service as respects pension of persons who, having been appointed by the secretary of state or secretary of state in council to a civil service of the crown in india before the commencement of this constitution, retired or otherwise ceased to be in service at any time before the commencement of the constitution (twenty-eighth amendment) act, 1972: provided that in the case of any such person who is holding or has held the office of the chief justice or other judge of the supreme court or a high court, the comptroller and auditor-general of india, the chairman or other member of the union or a state public service commission or the chief election commissioner, nothing in sub-clause (a) or sub-clause (b) shall be construed as empowering parliament to vary or revoke, after his appointment to such post, the conditions of his service to his disadvantage except in so far as such conditions of service are applicable to him by reason of his being a person appointed by the secretary of state or secretary of state in council to a civil service of the crown in india. except to the extent provided for by parliament by law under this article, nothing in this article shall affect the power of any legislature or other authority under any other provision of this constitution to regulate the conditions of service of persons referred to in clause (1). neither the supreme court nor any other court shall have jurisdiction inany dispute arising out of any provision of, or any endorsement on, any covenant, agreement or other similar instrument which was entered into or executed by any person referred to in clause (1), or arising out of any letter issued to such person, in relation to his appointment to any civil service of the crown in india or his continuance in service under the government of the dominion of india or a province thereof; any dispute in respect of any right, liability or obligation under article 314 as originally enacted. the provisions of this article shall have effect notwithstanding anything in article 314 as originally enacted or in any other provision of this constitution. 313. transitional provisions until other provision is made in this behalf under this constitution, all the laws in force immediately before the commencement of this constitution and applicable to any public service or any post which continues to exist after the commencement of this constitution, as an all-india service or as service or post under the union or a state shall continue in force so far as consistent with the provisions of this constitution. 314. provision for protection of existing officers of certain services rep. by the constitution (twenty-eighth amendment) act, 1972, s. 3, w.e.f. 29-8-1972. chapter ii. public service commissions 315. public service commissions for the union and for the states subject to the provisions of this article, there shall be a public service commission for the union and a public service commission for each state. two or more states may agree that there shall be one public service commission for that group of states, and if a resolution to that effect is passed by the house or, where there are two houses, by each house of the legislature of each of those states, parliament may by law provide for the appointment of a joint state public service commission (referred to in this chapter as joint commission) to serve the needs of those states. any such law as aforesaid may contain such incidental and consequential provisions as may be necessary or desirable for giving effect to the purposes of the law. the public service commission for the union, if requested so to do by the governor of a state, may, with the approval of the president, agree to serve all or any of the needs of the state. references in this constitution to the union public service commission or a state public service commission shall, unless the context otherwise requires, be construed as references to the commission serving the needs of the union or, as the case may be, the state as respects the particular matter in question. 316. appointment and term of office of members the chairman and other members of a public service commission shall be appointed, in the case of the union commission or a joint commission, by the president, and in the case of a state commission, by the governor of the state: provided that as nearly as may be one-half of the members of every public service commission shall be persons who at the dates of their respective appointments have held office for at least ten years either under the government of india or under the government of a state, and in computing the said period of ten years any period before the commencement of this constitution during which a person has held office under the crown in india or under the government of an indian state shall be included. if the office of the chairman of the commission becomes vacant or if any such chairman is by reason of absence or for any other reason unable to perform the duties of his office, those duties shall, until some person appointed under clause (1) to the vacant office has entered on the duties thereof or, as the case may be, until the chairman has resumed his duties, be performed by such one of the other members of the commission as the president, in the case of the union commission or a joint commission, and the governor of the state in the case of a state commission, may appoint for the purpose. a member of a public service commission shall hold office for a term of six years from the date on which he enters upon his office or until he attains, in the case of the union commission, the age of sixty-five years, and in the case of a state commission or a joint commission, the age of sixty-two years, whichever is earlier: provided thata member of a public service commission may, by writing under his hand addressed, in the case of the union commission or a joint commission, to the president, and in the case of a state commission, to the governor of the state, resign his office; a member of a public service commission may be removed from his office in the manner provided in clause (1) or clause (3) of article 317. a person who holds office as a member of a public service commission shall, on the expiration of his term of office, be ineligible for re-appointment to that office. 317. removal and suspension of a member of a public service commission subject to the provisions of clause (3), the chairman or any other member of a public service commission shall only be removed from his office by order of the president on the ground of misbehaviour after the supreme court, on reference being made to it by the president, has, on inquiry held in accordance with the procedure prescribed in that behalf under article 145, reported that the chairman or such other member, as the case may be, ought on any such ground to be removed. the president, in the case of the union commission or a joint commission, and the governor in the case of a state commission, may suspend from office the chairman or any other member of the commission in respect of whom a reference has been made to the supreme court under clause (1) until the president has passed orders on receipt of the report of the supreme court on such reference. notwithstanding anything in clause (1), the president may by order remove from office the chairman or any other member of a public service commission if the chairman or such other member, as the case may be,is adjudged an insolvent; or engages during his term of office in any paid employment outside the duties of his office; or is, in the opinion of the president, unfit to continue in office by reason of infirmity of mind or body. if the chairman or any other member of a public service commission is or becomes in any way concerned or interested in any contract or agreement made by or on behalf of the government of india or the government of a state or participates in any way in the profit thereof or in any benefit or emolument arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of clause (1), be deemed to be guilty of misbehaviour. 318. power to make regulations as to conditions of service of members and staff of the commission in the case of the union commission or a joint commission, the president and, in the case of a state commission, the governor of the state may by regulationsdetermine the number of members of the commission and their conditions of service; and make provision with respect to the number of members of the staff of the commission and their conditions of service: provided that the conditions of service of a member of a public service commission shall not be varied to his disadvantage after his appointment. 319. prohibition as to the holding of offices by members of commission on ceasing to be such members on ceasing to hold officethe chairman of the union public service commission shall be ineligible for further employment either under the government of india or under the government of a state; the chairman of a state public service commission shall be eligible for appointment as the chairman or any other member of the union public service commission or as the chairman of any other state public service commission, but not for any other employment either under the government of india or under the government of a state; a member other than the chairman of the union public service commission shall be eligible for appointment as the chairman of the union public service commission or as the chairman of a state public service commission, but not for any other employment either under the government of india or under the government of a state; a member other than the chairman of a state public service commission shall be eligible for appointment as the chairman or any other member of the union public service commission or as the chairman of that or any other state public service commission, but not for any other employment either under the government of india or under the government of a state. 320. functions of public service commissions it shall be the duty of the union and the state public service commissions to conduct examinations for appointment to the services of the union and the services of the state respectively. it shall also be the duty of the union public service commission, if requested by any two or more states so to do, to assist those states in framing and operating schemes of joint recruitment for any services for which candidates possessing special qualifications are required. the union public service commission or the state public service commission, as the case may be, shall be consultedon all matters relating to methods of recruitment to civil services and for civil posts; on the principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to another and on the suitability of candidates for such appointments, promotions or transfers; on all disciplinary matters affecting a person serving under the government of india or the government of a state in a civil capacity, including memorials or petitions relating to such matters; on any claim by or in respect of a person who is serving or has served under the government of india or the government of a state or under the crown in india or under the government of an indian state, in a civil capacity, that any costs incurred by him in defending legal proceedings instituted against him in respect of acts done or purporting to be done in the execution of his duty should be paid out of the consolidated fund of india, or, as the case may be, out of the consolidated fund of the state; on any claim for the award of a pension in respect of injuries sustained by a person while serving under the government of india or the government of a state or under the crown in india or under the government of an indian state, in a civil capacity, and any question as to the amount of any such award, and it shall be the duty of a public service commission to advise on any matter so referred to them and on any other matter which the president, or, as the case may be, the governor of the state, may refer to them: provided that the president as respects the all-india services and also as respects other services and posts in connection with the affairs of the union, and the governor, as respects other services and posts in connection with the affairs of a state, may make regulations specifying the matters in which either generally, or in any particular class of case or in any particular circumstances, it shall not be necessary for a public service commission to be consulted. nothing in clause (3) shall require a public service commission to be consulted as respects the manner in which any provision referred to in clause (4) of article 16 may be made or as respects the manner in which effect may be given to the provisions of article 335. all regulations made under the proviso to clause (3) by the president or the governor of a state shall be laid for not less than fourteen days before each house of parliament or the house or each house of the legislature of the state, as the case may be, as soon as possible after they are made, and shall be subject to such modifications, whether by way of repeal or amendment, as both houses of parliament or the house or both houses of the legislature of the state may make during the session in which they are so laid. 321. power to extend functions of public service commissions an act made by parliament or, as the case may be, the legislature of a state may provide for the exercise of additional functions by the union public service commission or the state public service commission as respects the services of the union or the state and also as respects the services of any local authority or other body corporate constituted by law or of any public institution. 322. expenses of public service commissions the expenses of the union or a state public service commission, including any salaries, allowances and pensions payable to or in respect of the members or staff of the commission, shall be charged on the consolidated fund of india or, as the case may be, the consolidated fund of the state. 323. reports of public service commissions it shall be the duty of the union commission to present annually to the president a report as to the work done by the commission and on receipt of such report the president shall cause a copy thereof together with a memorandum explaining, as respects the cases, if any, where the advice of the commission was not accepted, the reasons for such non-acceptance to be laid before each house of parliament. it shall be the duty of a state commission to present annually to the governor of the state a report as to the work done by the commission, and it shall be the duty of a joint commission to present annually to the governor of each of the states the needs of which are served by the joint commission a report as to the work done by the commission in relation to that state, and in either case the governor, shall, on receipt of such report, cause a copy thereof together with a memorandum explaining, as respects the cases, if any, where the advice of the commission was not accepted, the reasons for such non-acceptance to be laid before the legislature of the state. part xiva. tribunals 323a. administrative tribunals parliament may, by law, provide for the adjudication or trial by administrative tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the union or of any state or of any local or other authority within the territory of india or under the control of the government of india or of any corporation owned or controlled by the government. a law made under clause (1) mayprovide for the establishment of an administrative tribunal for the union and a separate administrative tribunal for each state or for two or more states; specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribunals; provide for the procedure (including provisions as to limitation and rules of evidence) to be followed by the said tribunals; exclude the jurisdiction of all courts, except the jurisdiction of the supreme court under article 136, with respect to the disputes or complaints referred to in clause (1); provide for the transfer to each such administrative tribunal of any cases pending before any court or other authority immediately before the establishment of such tribunal as would have been within the jurisdiction of such tribunal if the causes of action on which such suits or proceedings are based had arisen after such establishment; repeal or amend any order made by the president under clause (3) of article 371d; contain such supplemental, incidental and consequential provisions (including provisions as to fees) as parliament may deem necessary for the effective functioning of, and for the speedy disposal of cases by, and the enforcement of the orders of, such tribunals. the provisions of this article shall have effect notwithstanding anything in any other provision of this constitution or in any other law for the time being in force. 323b. tribunals for other matters the appropriate legislature may, by law, provide for the adjudication or trial by tribunals of any disputes, complaints, or offences with respect to all or any of the matters specified in clause (2) with respect to which such legislature has power to make laws. the matters referred to in clause (1) are the following, namely:levy, assessment, collection and enforcement of any tax; foreign exchange, import and export across customs frontiers; industrial and labour disputes; land reforms by way of acquisition by the state of any estate as defined in article 31a or of any rights therein or the extinguishment or modification of any such rights or by way of ceiling on agricultural land or in any other way; ceiling on urban property; elections to either house of parliament or the house or either house of the legislature of a state, but excluding the matters referred to in article 329 and article 329a; production, procurement, supply and distribution of food-stuffs (including edible oilseeds and oils) and such other goods as the president may, by public notification, declare to be essential goods for the purpose of this article and control of prices of such goods; rent, its regulation and control and tenancy issues including the right, title and interest of landlords and tenants; offences against laws with respect to any of the matters specified in sub-clauses (a) to (h) and fees in respect of any of those matters; any matter incidental to any of the matters specified in sub-clauses (a) to (i). a law made under clause (1) mayprovide for the establishment of a hierarchy of tribunals; specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribunals; provide for the procedure (including provisions as to limitation and rules of evidence) to be followed by the said tribunals; exclude the jurisdiction of all courts, except the jurisdiction of the supreme court under article 136, with respect to all or any of the matters falling within the jurisdiction of the said tribunals; provide for the transfer to each such tribunal of any cases pending before any court or any other authority immediately before the establishment of such tribunal as would have been within the jurisdiction of such tribunal if the causes of action on which such suits or proceedings are based had arisen after such establishment; contain such supplemental, incidental and consequential provisions (including provisions as to fees) as the appropriate legislature may deem necessary for the effective functioning of, and for the speedy disposal of cases by, and the enforcement of the orders of, such tribunals. the provisions of this article shall have effect notwithstanding anything in any other provision of this constitution or in any other law for the time being in force. explanation in this article, "appropriate legislature", in relation to any matter, means parliament or, as the case may be, a state legislature competent to make laws with respect to such matter in accordance with the provisions of part xi. part xv. elections 324. superintendence, direction and control of elections to be vested in an election commission the superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to parliament and to the legislature of every state and of elections to the offices of president and vice-president held under this constitution shall be vested in a commission (referred to in this constitution as the election commission). the election commission shall consist of the chief election commissioner and such number of other election commissioners, if any, as the president may from time to time fix and the appointment of the chief election commissioner and other election commissioners shall, subject to the provisions of any law made in that behalf by parliament, be made by the president. when any other election commissioner is so appointed the chief election commissioner shall act as the chairman of the election commission. before each general election to the house of the people and to the legislative assembly of each state, and before the first general election and thereafter before each biennial election to the legislative council of each state having such council, the president may also appoint after consultation with the election commission such regional commissioners as he may consider necessary to assist the election commission in the performance of the functions conferred on the commission by clause (1). subject to the provisions of any law made by parliament, the conditions of service and tenure of office of the election commissioners and the regional commissioners shall be such as the president may by rule determine: provided that the chief election commissioner shall not be removed from his office except in like manner and on the like grounds as a judge of the supreme court and the conditions of service of the chief election commissioner shall not be varied to his disadvantage after his appointment: provided further that any other election commissioner or a regional commissioner shall not be removed from office except on the recommendation of the chief election commissioner. the president, or the governor of a state, shall, when so requested by the election commission, make available to the election commission or to a regional commissioner such staff as may be necessary for the discharge of the functions conferred on the election commission by clause (1). 325. no person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex there shall be one general electoral roll for every territorial constituency for election to either house of parliament or to the house or either house of the legislature of a state and no person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such constituency on grounds only of religion, race, caste, sex or any of them. 326. elections to the house of the people and to the legislative assemblies of states to be on the basis of adult suffrage the elections to the house of the people and to the legislative assembly of every state shall be on the basis of adult suffrage; that is to say, every person who is a citizen of india and who is not less than eighteen years of age on such date as may be fixed in that behalf by or under any law made by the appropriate legislature and is not otherwise disqualified under this constitution or any law made by the appropriate legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election. 327. power of parliament to make provision with respect to elections to legislatures subject to the provisions of this constitution, parliament may from time to time by law make provision with respect to all matters relating to, or in connection with, elections to either house of parliament or to the house or either house of the legislature of a state including the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such house or houses. 328. power of legislature of a state to make provision with respect to elections to such legislature subject to the provisions of this constitution and in so far as provision in that behalf is not made by parliament, the legislature of a state may from time to time by law make provision with respect to all matters relating to, or in connection with, the elections to the house or either house of the legislature of the state including the preparation of electoral rolls and all other matters necessary for securing the due constitution of such house or houses. 329. bar to interference by courts in electoral matters notwithstanding anything in this constitutionthe validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 327 or article 328, shall not be called in question in any court; no election to either house of parliament or to the house or either house of the legislature of a state shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate legislature. 329a. special provision as to elections to parliament in the case of prime minister and speaker rep. by the constitution (forty-fourth amendment) act, 1978, s. 36 (w.e.f. 20-6-1979). part xvi. special provisions relating to certain classes 330. reservation of seats for scheduled castes and scheduled tribes in the house of the people seats shall be reserved in the house of the people forthe scheduled castes; the scheduled tribes except the scheduled tribes in the autonomous districts of assam; and the scheduled tribes in the autonomous districts of assam. the number of seats reserved in any state or union territory for the scheduled castes or the scheduled tribes under clause (1) shall bear, as nearly as may be, the same proportion to the total number of seats allotted to that state or union territory in the house of the people as the population of the scheduled castes in the state or union territory or of the scheduled tribes in the state or union territory or part of the state or union territory, as the case may be, in respect of which seats are so reserved, bears to the total population of the state or union territory. notwithstanding anything contained in clause (2), the number of seats reserved in the house of the people for the scheduled tribes in the autonomous districts of assam shall bear to the total number of seats allotted to that state a proportion not less than the population of the scheduled tribes in the said autonomous districts bears to the total population of the state. explanation in this article and in article 332, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published: provided that the reference in this explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2026 have been published, be construed as a reference to the 2001 census. 331. representation of the anglo-indian community in the house of the people notwithstanding anything in article 81, the president may, if he is of opinion that the anglo-indian community is not adequately represented in the house of the people, nominate not more than two members of that community to the house of the people. 332. reservation of seats for scheduled castes and scheduled tribes in the legislative assemblies of the states seats shall be reserved for the scheduled castes and the scheduled tribes, except the scheduled tribes in the autonomous districts of assam, in the legislative assembly of every state. seats shall be reserved also for the autonomous districts in the legislative assembly of the state of assam. the number of seats reserved for the scheduled castes or the scheduled tribes in the legislative assembly of any state under clause (1) shall bear, as nearly as may be, the same proportion to the total number of seats in the assembly as the population of the scheduled castes in the state or of the scheduled tribes in the state or part of the state, as the case may be, in respect of which seats are so reserved, bears to the total population of the state. notwithstanding anything contained in clause (3), until the taking effect, under article 170, of the re-adjustment, on the basis of the first census after the year 2026, of the number of seats in the legislative assemblies of the states of arunachal pradesh, meghalaya, mizoram and nagaland, the seats which shall be reserved for the scheduled tribes in the legislative assembly of any such state shall be,if all the seats in the legislative assembly of such state in existence on the date of coming into force of the constitution (fifty-seventh amendment) act, 1987 (hereafter in this clause referred to as the existing assembly) are held by member of the scheduled tribes, all the seats except one; in any other case, such number of seats as bears to the total number of seats, a proportion not less than the number (as on the said date) of members belonging to the scheduled tribes in the existing assembly bears to the total number of seats in the existing assembly. notwithstanding anything contained in clause (3), until the re-adjustment, under article 170, takes effect on the basis of the first census after the year 320.1 , of the number of seats in the legislative assembly of the state of tripura, the seats which shall be reserved for the scheduled tribes in the legislative assembly shall be, such number of seats as bears to the total number of seats, a proportion not less than the number, as on the date of coming into force of the constitution (seventy-second amendment) act, 1992, of members belonging to the scheduled tribes in the legislative assembly in existence on the said date bears to the total number of seats in that assembly. the number of seats reserved for an autonomous district in the legislative assembly of the state of assam shall bear to the total number of seats in that assembly a proportion not less than the population of the district bears to the total population of the state. the constituencies for the seats reserved for any autonomous district of assam shall not comprise any area outside that district. no person who is not a member of a scheduled tribe of any autonomous district of the state of assam shall be eligible for election to the legislative assembly of the state from any constituency of that district. provided that for elections to the legislative assembly of the state of assam, the representation of the scheduled tribes and non-scheduled tribes in the constituencies included in the bodoland territorial areas district, so notified, and existing prior to the constitution of the bodoland territorial areas district, shall be maintained. 333. representation of the anglo-indian community in the legislative assemblies of the states notwithstanding anything in article 170, the governor of a state may, if he is of opinion that the anglo-indian community needs representation in the legislative assembly of the state and is not adequately represented therein, nominate one member of that community to the assembly. 334. reservation of seats and special representation to cease after seventy years notwithstanding anything in the foregoing provisions of this part, the provisions of this constitution relating tothe reservation of seats for the scheduled castes and the scheduled tribes in the house of the people and in the legislative assemblies of the states; and the representation of the anglo-indian community in the house of the people and in the legislative assemblies of the states by nomination, shall cease to have effect on the expiration of a period of seventy years from the commencement of this constitution: provided that nothing in this article shall affect any representation in the house of the people or in the legislative assembly of a state until the dissolution of the then existing house or assembly, as the case may be. 335. claims of scheduled castes and scheduled tribes to services and posts the claims of the members of the scheduled castes and the scheduled tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the union or of a state. provided that nothing in this article shall prevent in making of any provision in favour of the members of the scheduled castes and the scheduled tribes for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters of promotion to any class or classes of services or posts in connection with the affairs of the union or of a state. 336. special provision for anglo-indian community in certain services during the first two years after the commencement of this constitution, appointments of members of the anglo-indian community to posts in the railway, customs, postal and telegraph services of the union shall be made on the same basis as immediately before the fifteenth day of august, 1947. during every succeeding period of two years, the number of posts reserved for the members of the said community in the said services shall, as nearly as possible, be less by ten per cent, than the numbers so reserved during the immediately preceding period of two years: provided that at the end of ten years from the commencement of this constitution all such reservations shall cease. nothing in clause (1) shall bar the appointment of members of the anglo-indian community to posts other than, or in addition to, those reserved for the community under that clause if such members are found qualified for appointment on merit as compared with the members of other communities. 337. special provision with respect to educational grants for the benefit of anglo-indian community during the first three financial years after the commencement of this constitution, the same grants, if any, shall be made by the union and by each state for the benefit of the anglo-indian community in respect of education as were made in the financial year ending on the thirty-first day of march, 1948. during every succeeding period of three years the grants may be less by ten per cent, than those for the immediately preceding period of three years: provided that at the end of ten years from the commencement of this constitution such grants, to the extent to which they are a special concession to the anglo-indian community, shall cease: provided further that no educational institution shall be entitled to receive any grant under this article unless at least forty per cent, of the annual admissions therein are made available to members of communities other than the anglo-indian community. 338. national commission for scheduled castes there shall be a commission for the scheduled castes to be known as the national commission for the scheduled castes. subject to the provisions of any law made in this behalf by parliament, the commission shall consist of a chairperson, vice-chairperson and three other members and the conditions of service and tenure of office of the chairperson, vice-chairperson and other members so appointed shall be such as the president may by rule determine. the chairperson, vice-chairperson and other members of the commission shall be appointed by the president by warrant under his hand and seal. the commission shall have the power to regulate its own procedure. it shall be the duty of the commissionto investigate and monitor all matters relating to the safeguards provided for the scheduled castes under this constitution or under any other law for the time being in force or under any order of the government and to evaluate the working of such safeguards; to inquire into specific complaints with respect to the deprivation of rights and safeguards of the scheduled castes; to participate and advise on the planning process of socio-economic development: of the scheduled castes and to evaluate the progress of their development under the union and any state; to present to the president, annually and at such other times as the commission may deem fit, reports upon the working of those safeguards; to make in such reports recommendations as to the measures that should be taken by the union or any state for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the scheduled castes; and to discharge such other functions in relation to the protection, welfare and development and advancement of the scheduled castes as the president may, subject to the provisions of any law made by parliament, by rule specify. the president shall cause all such reports to be laid before each house of parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the union and the reasons for the non-acceptance, if any, of any of such recommendations. where any such report, or any part thereof, relates to any matter with which any state government is concerned, a copy of such report shall be forwarded to the governor of the state who shall cause it to be laid before the legislature of the state along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the state and the reasons for the non-acceptance, if any, of any of such recommendations. the commission shall, while investigating any matter referred to in sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of clause (5), have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely:summoning and enforcing the attendance of any person from any part of india and examining him on oath; requiring the discovery and production of any document; receiving evidence on affidavits; requisitioning any public record or copy thereof from any court or office; issuing commissions for the examination of witnesses and documents; any other matter which the president may, by rule, determine. the union and every state government shall consult the commission on all major policy matters affecting scheduled castes. in this article, references to the scheduled castes shall be construed as including references to such other backward classes as the president may, on receipt of the report of a commission appointed under clause (1) of article 340, by order specify and also to the anglo-indian community. 338a. national commission for scheduled tribes there shall be a commission for the scheduled tribes to be known as the national commission for the scheduled tribes. subject to the provisions of any law made in this behalf by parliament, the commission shall consist of a chairperson, vice-chairperson and three other members and the conditions of service and tenure of office of the chairperson, vice-chairperson and other members so appointed shall be such as the president may by rule determine. the chairperson, vice-chairperson and other members of the commission shall be appointed by the president by warrant under his hand and seal. the commission shall have the power to regulate its own procedure. it shall be the duty of the commissionto investigate and monitor all matters relating to the safeguards provided for the scheduled tribes under this constitution or under any other law for the time being in force or under any order of the government and to evaluate the working of such safeguards; to inquire into specific complaints with respect to the deprivation of rights and safeguards of the scheduled tribes; to participate and advise on the planning process of socio-economic development of the scheduled tribes and to evaluate the progress of their development under the union and any state; to present to the president, annually and at such other times as the commission may deem fit, reports upon the working of those safeguards; to make in such reports recommendations as to the measures that should be taken by the union or any state for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the scheduled tribes; and to discharge such other functions in relation to the protection, welfare and development and advancement of the scheduled tribes as the president may, subject to the provisions of any law made by parliament, by rule specify. the president shall cause all such reports to be laid before each house of parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the union and the reasons for the non-acceptance, if any, of any of such recommendations. where any such report, or any part thereof, relates to any matter with which any state government is concerned, a copy of such report shall be forwarded to the governor of the state who shall cause it to be laid before the legislature of the state along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the state and the reasons for the non-acceptance, if any, of any of such recommendations. the commission shall, while investigating any matter referred to in sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of clause (5), have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely:summoning and enforcing the attendance of any person from any part of india and examining him on oath; requiring the discovery and production of any document; receiving evidence on affidavits; requisitioning any public record or copy thereof from any court or office; issuing commissions for the examination of witnesses and documents; any other matter which the president may, by rule, determine. the union and every state government shall consult the commission on all major policy matters affecting scheduled tribes. 339. control of the union over the administration of scheduled areas and the welfare of scheduled tribes the president may at any time and shall, at the expiration of ten years from the commencement of this constitution by order appoint a commission to report on the administration of the scheduled areas and the welfare of the scheduled tribes in the states. the order may define the composition, powers and procedure of the commission and may contain such incidental or ancillary provisions as the president may consider necessary or desirable. the executive power of the union shall extend to the giving of directions to a state as to the drawing up and execution of schemes specified in the direction to be essential for the welfare of the scheduled tribes in the state. 340. appointment of a commission to investigate the conditions of backward classes the president may by order appoint a commission consisting of such persons as he thinks fit to investigate the conditions of socially and educationally backward classes within the territory of india and the difficulties under which they labour and to make recommendations as to the steps that should be taken by the union or any state to remove such difficulties and to improve their condition and as to the grants that should be made for the purpose by the union or any state and the conditions subject to which such grants should be made, and the order appointing such commission shall define the procedure to be followed by the commission. a commission so appointed shall investigate the matters referred to them and present to the president a report setting out the facts as found by them and making such recommendations as they think proper. the president shall cause a copy of the report so presented together with a memorandum explaining the action taken thereon to be laid before each house of parliament. 341. scheduled castes the president may with respect to any state or union territory, and where it is a state, after consultation with the governor thereof, by public notification, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this constitution be deemed to be scheduled castes in relation to that state or union territory, as the case may be. parliament may by law include in or exclude from the list of scheduled castes specified in a notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification. 342. scheduled tribes the president may with respect to any state or union territory, and where it is a state, after consultation with the governor thereof, by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this constitution be deemed to be scheduled tribes in relation to that state or union territory, as the case may be. parliament may by law include in or exclude from the list of scheduled tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification. part xvii. official language chapter i. language of the union 343. official language of the union the official language of the union shall be hindi in devanagari script. the form of numerals to be used for the official purposes of the union shall be the international form of indian numerals. notwithstanding anything in clause (1), for a period of fifteen years from the commencement of this constitution, the english language shall continue to be used for all the official purposes of the union for which it was being used immediately before such commencement: provided that the president may, during the said period, by order authorise the use of the hindi language in addition to the english language and of the devanagari form of numerals in addition to the international form of indian numerals for any of the official purposes of the union. notwithstanding anything in this article, parliament may by law provide for the use, after the said period of fifteen years, ofthe english language, or the devanagari form of numerals, for such purposes as may be specified in the law. 344. commission and committee of parliament on official language the president shall, at the expiration of five years from the commencement of this constitution and thereafter at the expiration of ten years from such commencement, by order constitute a commission which shall consist of a chairman and such other members representing the different languages specified in the eighth schedule as the president may appoint, and the order shall define the procedure to be followed by the commission. it shall be the duty of the commission to make recommendations to the president as tothe progressive use of the hindi language for the official purposes of the union; restrictions on the use of the english language for all or any of the official purposes of the union; the language to be used for all or any of the purposes mentioned in article 348; the form of numerals to be used for any one or more specified purposes of the union; any other matter referred to the commission by the president as regards the official language of the union and the language for communication between the union and a state or between one state and another and their use. in making their recommendations under clause (2), the commission shall have due regard to the industrial, cultural and scientific advancement of india, and the just claims and the interests of persons belonging to the non-hindi speaking areas in regard to the public services. there shall be constituted a committee consisting of thirty members, of whom twenty shall be members of the house of the people and ten shall be members of the council of states to be elected respectively by the members of the house of the people and the members of the council of states in accordance with the system of proportional representation by means of the single transferable vote. it shall be the duty of the committee to examine the recommendations of the commission constituted under clause (1) and to report to the president their opinion thereon. notwithstanding anything in article 343, the president may, after consideration of the report referred to in clause (5), issue directions in accordance with the whole or any part of that report. chapter ii. regional languages 345. official language or languages of a state subject to the provisions of articles 346 and 347, the legislature of a state may by law adopt any one or more of the languages in use in the state or hindi as the language or languages to be used for all or any of the official purposes of that state: provided that, until the legislature of the state otherwise provides by law, the english language shall continue to be used for those official purposes within the state for which it was being used immediately before the commencement of this constitution. 346. official language for communication between one state and another or between a state and the union the language for the time being authorised for use in the union for official purposes shall be the official language for communication between one state and another state and between a state and the union: provided that if two or more states agree that the hindi language should be the official language for communication between such states, that language may be used for such communication. 347. special provision relating to language spoken by a section of the population of a state on a demand being made in that behalf the president may, if he is satisfied that a substantial proportion of the population of a state desire the use of any language spoken by them to be recognised by that state, direct that such language shall also be officially recognised throughout that state or any part thereof for such purpose as he may specify. chapter iii. language of the supreme court, high courts, etc 348. language to be used in the supreme court and in the high courts and for acts, bills, etc notwithstanding anything in the foregoing provisions of this part, until parliament by law otherwise providesall proceedings in the supreme court and in every high court, the authoritative textsof all bills to be introduced or amendments thereto to be moved in either house of parliament or in the house or either house of the legislature of a state. of all acts passed by parliament or the legislature of a state and of all ordinances promulgated by the president or the governor of a state, and of all orders, rules, regulations and bye-laws issued under this constitution or under any law made by parliament or the legislature of a state, shall be in the english language. notwithstanding anything in sub-clause (a) of clause (1), the governor of a state may, with the previous consent of the president, authorise the use of the hindi language, or any other language used for any official purposes of the state, in proceedings in the high court having its principal seat in that state: provided that nothing in this clause shall apply to any judgment, decree or order passed or made by such high court. notwithstanding anything in sub-clause (b) of clause (1), where the legislature of a state has prescribed any language other than the english language for use in bills introduced in, or acts passed by, the legislature of the state or in ordinances promulgated by the governor of the state or in any order, rule, regulation or bye-law referred to in paragraph (iii) of that sub-clause, a translation of the same in the english language published under the authority of the governor of the state in the official gazette of that state shall be deemed to be the authoritative text thereof in the english language under this article. 349. special procedure for enactment of certain laws relating to language during the period of fifteen years from the commencement of this constitution, no bill or amendment making provision for the language to be used for any of the purposes mentioned in clause (1) of article 348 shall be introduced or moved in either house of parliament without the previous sanction of the president, and the president shall not give his sanction to the introduction of any such bill or the moving of any such amendment except after he has taken into consideration the recommendations of the commission constituted under clause (1) of article 344 and the report of the committee constituted under clause (4) of that article. chapter iv. special directives 350. language to be used in representations for redress of grievances every person shall be entitled to submit a representation for the redress of any grievance to any officer or authority of the union or a state in any of the languages used in the union or in the state, as the case may be. 350a. facilities for instruction in mother-tongue at primary stage it shall be the endeavour of every state and of every local authority within the state to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups; and the president may issue such directions to any state as he considers necessary or proper for securing the provision of such facilities. 350b. special officer for linguistic minorities there shall be a special officer for linguistic minorities to be appointed by the president. it shall be the duty of the special officer to investigate all matters relating to the safeguards provided for linguistic minorities under this constitution and report to the president upon those matters at such intervals as the president may direct, and the president shall cause all such reports to be laid before each house of parliament, and sent to the government of the states concerned. 351. directive for development of the hindi language it shall be the duty of the union to promote the spread of the hindi language, to develop it so that it may serve as a medium of expression for all the elements of the composite culture of india and to secure its enrichment by assimilating without interfering with its genius, the forms, style and expressions used in hindustani and in the other languages of india specified in the eighth schedule, and by drawing, wherever necessary or desirable, for its vocabulary, primarily on sanskrit and secondarily on other languages. part xviii. emergency provisions 352. proclamation of emergency if the president is satisfied that a grave emergency exists whereby the security of india or of any part of the territory thereof is threatened, whether by war or external aggression or armed rebellion, he may, by proclamation, make a declaration to that effect in respect of the whole of india or of such part of the territory thereof as may be specified in the proclamation. explanation a proclamation of emergency declaring that the security of india or any part of the territory thereof is threatened by war or by external aggression or by armed rebellion may be made before the actual occurrence of war or of any such aggression or rebellion, if the president is satisfied that there is imminent danger thereof. a proclamation issued under clause (1) may be varied or revoked by a subsequent proclamation. the president shall not issue a proclamation under clause (1) or a proclamation varying such proclamation unless the decision of the union cabinet (that is to say, the council consisting of the prime minister and other ministers of cabinet rank appointed under article 75) that such a proclamation may be issued has been communicated to him in writing. every proclamation issued under this article shall be laid before each house of parliament and shall, except where it is a proclamation revoking a previous proclamation, cease to operate at the expiration of one month unless before the expiration of that period it has been approved by resolutions of both houses of parliament: provided that if any such proclamation (not being a proclamation revoking a previous proclamation) is issued at a time when the house of the people has been dissolved, or the dissolution of the house of the people takes place during the period of one month referred to in this clause, and if a resolution approving the proclamation has been passed by the council of states, but no resolution with respect to such proclamation has been passed by the house of the people before the expiration of that period, the proclamation shall cease to operate at the expiration of thirty days from the date on which the house of the people first sits after its reconstitution, unless before the expiration of the said period of thirty days a resolution approving the proclamation has been also passed by the house of the people. a proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of six months from the date of the passing of the second of the resolutions approving the proclamation under clause (4): provided that if and so often as a resolution approving the continuance in force of such a proclamation is passed by both houses of parliament the proclamation shall, unless revoked, continue in force for a further period of six months from the date on which it would otherwise have ceased to operate under this clause: provided further that if the dissolution of the house of the people takes place during any such period of six months and a resolution approving the continuance in force of such proclamation has been passed by the council of states but no resolution with respect to the continuance in force of such proclamation has been passed by the house of the people during the said period, the proclamation shall cease to operate at the expiration of thirty days from the date on which the house of the people first sits after its reconstitution unless before the expiration of the said period of thirty days, a resolution approving the continuance in force of the proclamation has been also passed by the house of the people. for the purposes of clauses (4) and (5), a resolution may be passed by either house of parliament only by a majority of the total membership of that house and by a majority of not less than two-thirds of the members of that house present and voting. notwithstanding anything contained in the foregoing clauses, the president shall revoke a proclamation issued under clause (1) or a proclamation varying such proclamation if the house of the people passes a resolution disapproving, or, as the case may be, disapproving the continuance in force of, such proclamation. where a notice in writing signed by not less than one-tenth of the total number of members of the house of the people has been given, of their intention to move a resolution for disapproving, or, as the case may be, for disapproving the continuance in force of, a proclamation issued under clause (1) or a proclamation varying such proclamation,to the speaker, if the house is in session; or to the president, if the house is not in session, a special sitting of the house shall be held within fourteen days from the date on which such notice is received by the speaker, or, as the case may be, by the president, for the purpose of considering such resolution. the power conferred on the president by this article shall include the power to issue different proclamations on different grounds, being war or external aggression or armed rebellion or imminent danger of war or external aggression or armed rebellion, whether or not there is a proclamation already issued by the president under clause (1) and such proclamation is in operation. 353. effect of proclamation of emergency while a proclamation of emergency is in operation, thennotwithstanding anything in this constitution, the executive power of the union shall extend to the giving of directions to any state as to the manner in which the executive power thereof is to be exercised; the power of parliament to make laws with respect to any matter shall include power to make laws conferring powers and imposing duties, or authorising the conferring of powers and the imposition of duties, upon the union or officers and authorities of the union as respects that matter, notwithstanding that it is one which is not enumerated in the union list: provided that where a proclamation of emergency is in operation only in any part of the territory of india,the executive power of the union to give directions under clause (a), and the power of parliament to make laws under clause (b), shall also extend to any state other than a state in which or in any part of which the proclamation of emergency is in operation if and in so far as the security of india or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of india in which the proclamation of emergency is in operation. 354. application of provisions relating to distribution of revenues while a proclamation of emergency is in operation the president may, while a proclamation of emergency is in operation, by order direct that all or any of the provisions of articles 268 to 279 shall for such period, not extending in any case beyond the expiration of the financial year in which such proclamation ceases to operate, as may be specified in the order, have effect subject to such exceptions or modifications as he thinks fit. every order made under clause (1) shall, as soon as may be after it is made, be laid before each house of parliament. 355. duty of the union to protect states against external aggression and internal disturbance it shall be the duty of the union to protect every state against external aggression and internal disturbance and to ensure that the government of every state is carried on in accordance with the provisions of this constitution. 356. provisions in case of failure of constitutional machinery in states if the president, on receipt of a report from the governor of a state or otherwise, is satisfied that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of this constitution, the president may by proclamationassume to himself all or any of the functions of the government of the state and all or any of the powers vested in or exercisable by the governor or any body or authority in the state other than the legislature of the state. declare that the powers of the legislature of the state shall be exercisable by or under the authority of parliament; make such incidental and consequential provisions as appear to the president to be necessary or desirable for giving effect to the objects of the proclamation, including provisions for suspending in whole or in part the operation of any provisions of this constitution relating to any body or authority in the state: provided that nothing in this clause shall authorise the president to assume to himself any of the powers vested in or exercisable by a high court, or to suspend in whole or in part the operation of any provision of this constitution relating to high courts. any such proclamation may be revoked or varied by a subsequent proclamation. every proclamation under this article shall be laid before each house of parliament and shall, except where it is a proclamation revoking a previous proclamation, cease to operate at the expiration of two months unless before the expiration of that period it has been approved by resolutions of both houses of parliament: provided that if any such proclamation (not being a proclamation revoking a previous proclamation) is issued at a time when the house of the people is dissolved or the dissolution of the house of the people takes place during the period of two months referred to in this clause, and if a resolution approving the proclamation has been passed by the council of states, but no resolution with respect to such proclamation has been passed by the house of the people before the expiration of that period, the proclamation shall cease to operate at the expiration of thirty days from the date on which the house of the people first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the proclamation has been also passed by the house of the people. a proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of six months from the date of issue of the proclamation: provided that if and so often as a resolution approving the continuance in force of such a proclamation is passed by both houses of parliament, the proclamation shall, unless revoked, continue in force for a further period of six months from the date on which under this clause it would otherwise have ceased to operate, but no such proclamation shall in any case remain in force for more than three years: provided further that if the dissolution of the house of the people takes place during any such period of six months and a resolution approving the continuance in force of such proclamation has been passed by the council of states, but no resolution with respect to the continuance in force of such proclamation has been passed by the house of the people during the said period, the proclamation shall cease to operate at the expiration of thirty days from the date on which the house of the people first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the continuance in force of the proclamation has been also passed by the house of the people: provided also that in the case of the proclamation issued under clause (1) on the 11th day of may, 1987 with respect to the state of punjab, the reference in the first proviso to this clause to "three years" shall be construed as a reference to five years. notwithstanding anything contained in clause (4), a resolution with respect to the continuance in force of a proclamation approved under clause (3) for any period beyond the expiration of one year from the date of issue of such proclamation shall not be passed by either house of parliament unlessa proclamation of emergency is in operation, in the whole of india or, as the case may be, in the whole or any part of the state, at the time of the passing of such resolution, and the election commission certifies that the continuance in force of the proclamation approved under clause (3) during the period specified in such resolution is necessary on account of difficulties in holding general elections to the legislative assembly of the state concerned. provided that nothing in this clause shall apply to the proclamation issued under clause (1) on the 11th day of may, 1987 with respect to the state of punjab. 357. exercise of legislative powers under proclamation issued under article 356 where by a proclamation issued under clause (1) of article 356, it has been declared that the powers of the legislature of the state shall be exercisable by or under the authority of parliament, it shall be competentfor parliament to confer on the president the power of the legislature of the state to make laws, and to authorise the president to delegate, subject to such conditions as he may think fit to impose, the power so conferred to any other authority to be specified by him in that behalf; for parliament, or for the president or other authority in whom such power to make laws is vested under sub-clause (a), to make laws conferring powers and imposing duties, or authorising the conferring of powers and the imposition of duties, upon the union or officers and authorities thereof; for the president to authorise when the house of the people is not in session expenditure from the consolidated fund of the state pending the sanction of such expenditure by parliament. any law made in exercise of the power of the legislature of the state by parliament or the president or other authority referred to in sub-clause (a) of clause (1) which parliament or the president or such other authority would not, but for the issue of a proclamation under article 356, have been competent to make shall, after the proclamation has ceased to operate, continue in force until altered or repealed or amended by a competent legislature or other authority. 358. suspension of provisions of article 19 during emergencies while a proclamation of emergency declaring that the security of india or any part of the territory thereof is threatened by war or by external aggression is in operation, nothing in article 19 shall restrict the power of the state as defined in part iii to make any law or to take any executive action which the state would but for the provisions contained in that part be competent to make or to take, but any law so made shall, to the extent of the incompetency, cease to have effect as soon as the proclamation ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect: provided that where such proclamation of emergency is in operation only in any part of the territory of india, any such law may be made, or any such executive action may be taken, under this article in relation to or in any state or union territory in which or in any part of which the proclamation of emergency is not in operation, if and in so far as the security of india or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of india in which the proclamation of emergency is in operation. nothing in clause (1) shall applyto any law which does not contain a recital to the effect that such law is in relation to the proclamation of emergency in operation when it is made; or to any executive action taken otherwise than under a law containing such a recital. 359. suspension of the enforcement of the rights conferred by part iii during emergencies where a proclamation of emergency is in operation, the president may by order declare that the right to move any court for the enforcement of such of the rights conferred by part iii (except articles 20 and 21) as may be mentioned in the order and all proceedings pending in any court for the enforcement of the rights so mentioned shall remain suspended for the period during which the proclamation is in force or for such shorter period as may be specified in the order. while an order made under clause (1) mentioning any of the rights conferred by part iii (except articles 20 and 21) is in operation, nothing in that part conferring those rights shall restrict the power of the state as defined in the said part to make any law or to take any executive action which the state would but for the provisions contained in that part be competent to make or to take, but any law so made shall, to the extent of the incompetency, cease to have effect as soon as the order aforesaid ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect: provided that where a proclamation of emergency is in operation only in any part of the territory of india, any such law may be made, or any such executive action may be taken, under this article in relation to or in any state or union territory in which or in any part of which the proclamation of emergency is not in operation, if and in so far as the security of india or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of india in which the proclamation of emergency is in operation. nothing in clause (1a) shall applyto any law which does not contain a recital to the effect that such law is in relation to the proclamation of emergency in operation when it is made; or to any executive action taken otherwise than under a law containing such a recital. an order made as aforesaid may extend to the whole or any part of the territory of india: provided that where a proclamation of emergency is in operation only in a part of the territory of india, any such order shall not extend to any other part of the territory of india unless the president, being satisfied that the security of india or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of india in which the proclamation of emergency is in operation, considers such extension to be necessary. every order made under clause (1) shall, as soon as may be after it is made, be laid before each house of parliament. 359a. application of this part to the state of punjab repealed by the constitution (sixty-third amendment) act, 1989 s. 3(w.e.f. 6-1-1990). 360. provisions as to financial emergency if the president is satisfied that a situation has arisen whereby the financial stability or credit of india or of any part of the territory thereof is threatened, he may by a proclamation make a declaration to that effect. a proclamation issued under clause (1)may be revoked or varied by a subsequent proclamation; shall be laid before each house of parliament; shall cease to operate at the expiration of two months, unless before the expiration of that period it has been approved by resolutions of both houses of parliament: provided that if any such proclamation is issued at a time when the house of the people has been dissolved or the dissolution of the house of the people takes place during the period of two months referred to in sub-clause (c), and if a resolution approving the proclamation has been passed by the council of states, but no resolution with respect to such proclamation has been passed by the house of the people before the expiration of that period, the proclamation shall cease to operate at the expiration of thirty days from the date on which the house of the people first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the proclamation has been also passed by the house of the people. during the period any such proclamation as is mentioned in clause (1) is in operation, the executive authority of the union shall extend to the giving of directions to any state to observe such canons of financial propriety as may be specified in the directions, and to the giving of such other directions as the president may deem necessary and adequate for the purpose. notwithstanding anything in this constitutionany such direction may includea provision requiring the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of a state; a provision requiring all money bills or other bills to which the provisions of article 207 apply to be reserved for the consideration of the president after they are passed by the legislature of the state; it shall be competent for the president during the period any proclamation issued under this article is in operation to issue directions for the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of the union including the judges of the supreme court and the high courts. part xix. miscellaneous 361. protection of president and governors and rajpramukhs the president, or the governor or rajpramukh of a state, shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties: provided that the conduct of the president may be brought under review by any court, tribunal or body appointed or designated by either house of parliament for the investigation of a charge under article 61: provided further that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the government of india or the government of a state. no criminal proceedings whatsoever shall be instituted or continued against the president, or the governor of a state, in any court during his term of office. no process for the arrest or imprisonment of the president, or the governor of a state, shall issue from any court during his term of office. no civil proceedings in which relief is claimed against the president, or the governor of a state, shall be instituted during his term of office in any court in respect of any act done or purporting to be done by him in his personal capacity, whether before or after he entered upon his office as president, or as governor of such state, until the expiration of two months next after notice in writing has been delivered to the president or the governor, as the case may be, or left at his office stating the nature of the proceedings, the cause of action therefor, the name, description and place of residence of the party by whom such proceedings are to be instituted and the relief which he claims. 361a. protection of publication of proceedings of parliament and state legislatures no person shall be liable to any proceedings, civil or criminal, in any court in respect of the publication in a newspaper of a substantially true report of any proceedings of either house of parliament or the legislative assembly, or, as the case may be, either house of the legislature, of a state, unless the publication is proved to have been made with malice: provided that nothing in this clause shall apply to the publication of any report of the proceedings of a secret sitting of either house of parliament or the legislative assembly, or, as the case may be, either house of the legislature, of a state. clause (1) shall apply in relation to reports or matters broadcast by means of wireless telegraphy as part of any programme or service provided by means of a broadcasting station as it applies in relation to reports or matters published in a newspaper. explanation in this article, "newspaper" includes a news agency report containing material for publication in a newspaper. 361b. disqualification for appointment on remunerative political post a member of a house belonging to any political party who is disqualified for being a member of the house under paragraph 2 of the tenth schedule shall also be disqualified to hold any remunerative political post for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or till the date on which he contests an election to a house and is declared elected, whichever is earlier. explanation for the purposes of this article,the expression "house" has the meaning assigned to it in clause (a) of paragraph 1 of the tenth schedule; the expression "remunerative political post" means any office-under the government of india or the government of a state where the salary or remuneration for such office is paid out of the public revenue of the government of india or the government of the state, as the case may be; or under a body, whether incorporated or not, which is wholly or partially owned by the government of india or the government of a state and the salary or remuneration for such office is paid by such body, except where such salary or remuneration paid is compensatory in nature. 362. rights and privileges of rulers of indian states rep. by the constitution (twenty-sixth amendment) act, 1971, s. 2. 363. bar to interference by courts in disputes arising out of certain treaties, agreements, etc notwithstanding anything in this constitution but subject to the provisions of article 143, neither the supreme court nor any other court shall have jurisdiction in any dispute arising out of any provision of a treaty, agreement, covenant, engagement, sanad or other similar instrument which was entered into or executed before the commencement of this constitution by any ruler of an indian state and to which the government of the dominion of india or any of its predecessor governments was a party and which has or has been continued in operation after such commencement, or in any dispute in respect of any right accruing under or any liability or obligation arising out of any of the provisions of this constitution relating to any such treaty, agreement, covenant, engagement, sanad, or other similar instrument. in this article"indian state" means any territory recognised before the commencement of this constitution by his majesty or the government of the dominion of india as being such a state: and "ruler" includes the prince, chief or other person recognised before such commencement by his majesty or the government of the dominion of india as the ruler of any indian state. 363a. recognition granted to rulers of indian states to cease and privy purses to be abolished notwithstanding anything in this constitution or in any law for the time being in forcethe prince, chief or other person who, at any time before the commencement of the constitution (twenty-sixth amendment) act, 1971, was recognised by the president as the ruler of an indian state or any person who, at any time before such commencement, was recognised by the president as the successor of such ruler shall, on and from such commencement, cease to be recognised as such ruler or the successor of such ruler; on and from the commencement of the constitution (twenty-sixth amendment) act, 1971, privy purse is abolished and all rights, liabilities and obligations in respect of privy purse are extinguished and accordingly the ruler or, as the case may be, the successor of such ruler, referred to in clause (a) or any other person shall not be paid any sum as privy purse. 364. special provisions as to major ports and aerodromes notwithstanding anything in this constitution, the president may by public notification direct that as from such date as may be specified in the notificationany law made by parliament or by the legislature of a state shall not apply to any major port or aerodrome or shall apply thereto subject to such exceptions or modifications as may be specified in the notification, or any existing law shall cease to have effect in any major port or aerodrome except as respects things done or omitted to be done before the said date, or shall in its application to such port or aerodrome have effect subject to such exceptions or modifications as may be specified in the notification. in this article"major port" means a port declared to be a major port by or under any law made by parliament or any existing law and includes all areas for the time being included within the limits of such port; "aerodrome" means aerodrome as defined for the purposes of the enactments relating to airways, aircraft and air navigation. 365. effect of failure to comply with, or to give effect to, directions given by the union where any state has failed to comply with, or to give effect to, any directions given in the exercise of the executive power of the union under any of the provisions of this constitution, it shall be lawful for the president to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of this constitution. 366. definitions in this constitution, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say"agricultural income" means agricultural income as defined for the purposes of the enactments relating to indian income-tax; "an anglo-indian" means a person whose father or any of whose other male progenitors in the male line is or was of european descent but who is domiciled within the territory of india and is or was born within such territory of parents habitually resident therein and not established there for temporary purposes only; "article" means an article of this constitution; "borrow" includes the raising of money by the grant of annuities, and "loan" shall be construed accordingly; "clause" means a clause of the article in which the expression occurs; "corporation tax" means any tax on income, so far as that tax is payable by companies and is a tax in the case of which the following conditions are fulfilled:that it is not chargeable in respect of agricultural income; that no deduction in respect of the tax paid by the companies is, by any enactments which may apply to the tax, authorised to be made from dividends payable by the companies to individuals; that no provision exists for taking the tax so paid into account in computing for the purposes of indian income-tax the total income of individuals receiving such dividends, or in computing the indian income-tax payable by, or refundable to, such individuals; "corresponding province", "corresponding indian state" or "corresponding state" means in cases of doubt such province, indian state or state as may be determined by the president to be the corresponding province, the corresponding indian state or the corresponding state, as the case may be, for the particular purpose in question; "debt" includes any liability in respect of any obligation to repay capital sums by way of annuities and any liability under any guarantee, and "debt charges" shall be construed accordingly; "estate duty" means a duty to be assessed on or by reference to the principal value, ascertained in accordance with such rules as may be prescribed by or under laws made by parliament or the legislature of a state relating to the duty, of all property passing upon death or deemed, under the provisions of the said laws, so to pass; "existing law" means any law, ordinance, order, bye-law, rule or regulation passed or made before the commencement of this constitution by any legislature, authority or person having power to make such a law, ordinance, order, bye-law, rule or regulation; "federal court" means the federal court constituted under the government of india act, 1935; "goods" includes all materials, commodities, and articles; "goods and services tax" means any tax on supply of goods, or services or both except taxes on the supply of the alcoholic liquor for human consumption; "guarantee" includes any obligation undertaken before the commencement of this constitution to make payments in the event of the profits of an undertaking falling short of a specified amount; "high court" means any court which is deemed for the purposes of this constitution to be a high court for any state and includesany court in the territory of india constituted or reconstituted under this constitution as a high court, and any other court in the territory of india which may be declared by parliament by law to be a high court for all or any of the purposes of this constitution; "indian state" means any territory which the government of the dominion of india recognised as such a state; "part" means a part of this constitution; "pension" means a pension, whether contributory or not, of any kind whatsoever payable to or in respect of any person, and includes retired pay so payable; a gratuity so payable and any sum or sums so payable by way of the return, with or without interest thereon or any other addition thereto, of subscriptions to a provident fund; "proclamation of emergency" means a proclamation issued under clause (1) of article 352; "public notification" means a notification in the gazette of india, or, as the case may be, the official gazette of a state; "railway" does not includea tramway wholly within a municipal area, or any other line of communication wholly situate in one state and declared by parliament by law not to be a railway; [omitted by the constitution (seventh amendment) act, 1956, s. 29 and sch.] "ruler" means the prince, chief or other person who, at any time before the commencement of the constitution (twenty-sixth amendment) act, 1971, was recognised by the president as the ruler of an indian state or any person who, at any time before such commencement, was recognised by the president as the successor of such ruler; "schedule" means a schedule to this constitution; "scheduled castes" means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under article 341 to be scheduled castes for the purposes of this constitution; "scheduled tribes" means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under article 342 to be scheduled tribes for the purposes of this constitution; "securities" includes stock "services" means anything other than goods; "state" with reference to articles 246a, 268, 269, 269a and article 279a includes a union territory with legislature; "sub-clause" means a sub-clause of the clause in which the expression occurs; "taxation" includes the imposition of any tax or impost, whether general or local or special, and "tax" shall be construed accordingly; "tax on income" includes a tax in the nature of an excess profits tax; "tax on the sale or purchase of goods" includesa tax on the transfer, otherwise than in pursuance of a contract, of property in any goods for cash, deferred payment or other valuable consideration; a tax on the transfer of property in goods (whether as goods or in some other form) involved in the execution of a works contract; a tax on the delivery of goods on hire-purchase or any system of payment by installments; a tax on the transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration; a tax on the supply of goods by any unincorporated association or body of persons to a member thereof for cash, deferred payment or other valuable consideration; a tax on the supply, by way of or as part of any service or in any other manner whatsoever, of goods, being food or any other article for human consumption or any drink (whether or not intoxicating), where such supply or service is for cash, deferred payment or other valuable consideration, and such transfer, delivery or supply of any goods shall be deemed to be a sale of those goods by the person making the transfer, delivery or supply and a purchase of those goods by the person to whom such transfer, delivery or supply is made; "union territory" means any union territory specified in the first schedule and includes any other territory comprised within the territory of india but not specified in that schedule. 367. interpretation unless the context otherwise requires, the general clauses act, 1897, shall, subject to any adaptations and modifications that may be made therein under article 372, apply for the interpretation of this constitution as it applies for the interpretation of an act of the legislature of the dominion of india. any reference in this constitution to acts or laws of, or made by, parliament, or to acts or laws of, or made by, the legislature of a state, shall be construed as including a reference to an ordinance made by the president or, to an ordinance made by a governor, as the case may be. for the purposes of this constitution "foreign state" means any state other than india: provided that, subject to the provisions of any law made by parliament, the president may by order declare any state not to be a foreign state for such purposes as may be specified in the order. part xx. amendment of the constitution 368. power of parliament to amend the constitution and procedure therefor notwithstanding anything in this constitution, parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this constitution in accordance with the procedure laid down in this article. an amendment of this constitution may be initiated only by the introduction of a bill for the purpose in either house of parliament, and when the bill is passed in each house by a majority of the total membership of that house and by a majority of not less than two-thirds of the members of that house present and voting, it shall be presented to the president who shall give his assent to the bill and thereupon the constitution shall stand amended in accordance with the terms of the bill: provided that if such amendment seeks to make any change inarticle 54, article 55, article 73, article 162, article 241 or article 279a, or chapter iv of part v, chapter v of part vi, or chapter i of part xi, or any of the lists in the seventh schedule, or the representation of states in parliament, or the provisions of this article, the amendment shall also require to be ratified by the legislatures of not less than one half of the states by resolutions to that effect passed by those legislatures before the bill making provision for such amendment is presented to the president for assent. nothing in article 13 shall apply to any amendment made under this article. no amendment of this constitution (including the provisions of part iii) made or purporting to have been made under this article whether before or after the commencement of section 55 of the constitution (forty-second amendment) act, 1976 shall be called in question in any court on any ground. for the removal of doubts, it is hereby declared that there shall be no limitation whatever on the constituent power of parliament to amend by way of addition, variation or repeal the provisions of this constitution under this article. part xxi. temporary, transitional and special provisions 369. temporary power to parliament to make laws with respect to certain matters in the state list as if they were matters in the concurrent list notwithstanding anything in this constitution, parliament shall, during a period of five years from the commencement of this constitution, have power to make laws with respect to the following matters as if they were enumerated in the concurrent list, namely:trade and commerce within a state list, and the production, supply and distribution of, cotton and woollen textiles, raw cotton (including ginned cotton and unginned cotton or kapas), cotton seed, paper (including newsprint), food-stuffs (including edible oilseeds and oil), cattle fodder (including oil-cakes and other concentrates), coal (including coke and derivatives of coal), iron, steel and mica; offences against laws with respect to any of the matters mentioned in clause (a), jurisdiction and powers of all courts except the supreme court with respect to any of those matters, and fees in respect of any of those matters but not including fees taken in any court, but any law made by parliament, which parliament would not but for the provisions of this article have been competent to make, shall, to the extent of the incompetency, cease to have effect on the expiration of the said period, except as respects things done or omitted to be done before the expiration thereof. 370. temporary provisions with respect to the state of jammu and kashmir notwithstanding anything in this constitution,the provisions of article 238 shall not apply in relation to the state of jammu and kashmir; the power of parliament to make laws for the said state shall be limited tothose matters in the union list and the concurrent list which, in consultation with the government of the state, are declared by the president to correspond to matters specified in the instrument of accession governing the accession of the state to the dominion of india as the matters with respect to which the dominion legislature may make laws for that state; and such other matters in the said lists, as, with the concurrence of the government of the state, the president may by order specify. explanation: for the purposes of this article, the government of the state means the person for the time being recognised by the president as the maharaja of jammu and kashmir acting on the advice of the council of ministers for the time being in office under the maharaja's proclamation dated the fifth day of march, 1948; the provisions of article 1 and of this article shall apply in relation to that state; such of the other provisions of this constitution shall apply in relation to that state subject to such exceptions and modifications as the president may by order specify: provided that no such order which relates to the matters specified in the instrument of accession of the state referred to in paragraph (i) of sub-clause (b) shall be issued except in consultation with the government of the state: provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that government. if the concurrence of the government of the state referred to in paragraph (ii) of sub-clause (b) of clause (1) or in the second proviso to sub-clause (d) of that clause be given before the constituent assembly for the purpose of framing the constitution of the state is convened, it shall be placed before such assembly for such decision as it may take thereon. notwithstanding anything in the foregoing provisions of this article, the president may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify: provided that the recommendation of the constituent assembly of the state referred to in clause (2) shall be necessary before the president issues such a notification. 371. special provision with respect to the states of maharashtra and gujarat [omitted by s. 2, ibid., (w.e.f. 1-7-1974).] notwithstanding anything in this constitution, the president may by order made with respect to the state of maharashtra or gujarat, provide for any special responsibility of the governor forthe establishment of separate development boards for vidarbha, marathwada, and the rest of maharashtra or, as the case may be, saurashtra, kutch and the rest of gujarat with the provision that a report on the working of each of these boards will be placed each year before the state legislative assembly; the equitable allocation of funds for developmental expenditure over the said areas, subject to the requirements of the state as a whole; and an equitable arrangement providing adequate facilities for technical education and vocational training, and adequate opportunities for employment in services under the control of the state government, in respect of all the said areas, subject to the requirements of the state as a whole. 371a. special provision with respect to the state of nagaland notwithstanding anything in this constitution,no act of parliament in respect ofreligious or social practices of the nagas, naga customary law and procedure, administration of civil and criminal justice involving decisions according to naga customary law, ownership and transfer of land and its resources, shall apply to the state of nagaland unless the legislative assembly of nagaland by a resolution so decides; the governor of nagaland shall have special responsibility with respect to law and order in the state of nagaland for so long as in his opinion internal disturbances occurring in the naga hills-tuensang area immediately before the formation of that state continue therein or in any part thereof and in the discharge of his functions in relation thereto the governor shall, after consulting the council of ministers, exercise his individual judgment as to the action to be taken: provided that if any question arises whether any matter is or is not a matter as respects which the governor is under this sub-clause required to act in the exercise of his individual judgment, the decision of the governor in his discretion shall be final, and the validity of anything done by the governor shall not be called in question on the ground that he ought or ought not to have acted in the exercise of his individual judgment: provided further that if the president on receipt of a report from the governor or otherwise is satisfied that it is no longer necessary for the governor to have special responsibility with respect to law and order in the state of nagaland, he may by order direct that the governor shall cease to have such responsibility with effect from such date as may be specified in the order; in making his recommendation with respect to any demand for a grant, the governor of nagaland shall ensure that any money provided by the government of india out of the consolidated fund of india for any specific service or purpose is included in the demand for a grant relating to that service or purpose and not in any other demand; as from such date as the governor of nagaland may by public notification in this behalf specify, there shall be established a regional council for the tuensang district consisting of thirty-five members and the governor shall in his discretion make rules providing forthe composition of the regional council and the manner in which the members of the regional council shall be chosen: provided that the deputy commissioner of the tuensang district shall be the chairman ex-officio of the regional council and the vice-chairman of the regional council shall be elected by the members thereof from amongst themselves; the qualifications for being chosen as, and for being, members of the regional council; the term of office of, and the salaries and allowances, if any, to be paid to members of, the regional council; the procedure and conduct of business of the regional council; the appointment of officers and staff of the regional council and their conditions of services; and any other matter in respect of which it is necessary to make rules for the constitution and proper functioning of the regional council. notwithstanding anything in this constitution, for a period of ten years from the date of the formation of the state of nagaland or for such further period as the governor may, on the recommendation of the regional council, by public notification specify in this behalf,the administration of the tuensang district shall be carried on by the governor; where any money is provided by the government of india to the government of nagaland to meet the requirements of the state of nagaland as a whole, the governor shall in his discretion arrange for an equitable allocation of that money between the tuensang district and the rest of the state; no act of the legislature of nagaland shall apply to tuensang district unless the governor, on the recommendation of the regional council, by public notification so directs and the governor in giving such direction with respect to any such act may direct that the act shall in its application to the tuensang district or any part thereof have effect subject to such exceptions or modifications as the governor may specify on the recommendation of the regional council: provided that any direction given under this sub-clause may be given so as to have retrospective effect; the governor may make regulations for the peace, progress and good government of the tuensang district and any regulations so made may repeal or amend with retrospective effect, if necessary, any act of parliament or any other law which is for the time being applicable to that district; one of the members representing the tuensang district in the legislative assembly of nagaland shall be appointed minister for tuensang affairs by the governor on the advice of the chief minister and the chief minister in tendering his advice shall act on the recommendation of the majority of the members as aforesaid; the minister for tuensang affairs shall deal with, and have direct access to the governor on, all matters relating to the tuensang district but he shall keep the chief minister informed about the same; notwithstanding anything in the foregoing provisions of this clause, the final decision on all matters relating to the tuensang district shall be made by the governor in his discretion; in articles 54 and 55 and clause (4) of article 80, references to the elected members of the legislative assembly of a state or to each such member shall include references to the members or member of the legislative assembly of nagaland elected by the regional council established under this article; in article 170clause (1) shall, in relation to the legislative assembly of nagaland, have effect as if for the word "sixty", the words "forty-six" had been substituted; in the said clause, the reference to direct election from territorial constituencies in the state shall include election by the members of the regional council established under this article; in clauses (2) and (3), references to territorial constituencies shall mean references to territorial constituencies in the kohima and mokokchung districts. if any difficulty arises in giving effect to any of the foregoing provisions of this article, the president may by order do anything (including any adaptation or modification of any other article) which appears to him to be necessary for the purpose of removing that difficulty: provided that no such order shall be made after the expiration of three years from the date of the formation of the state of nagaland. explanation in this article, the kohima, mokokchung and tuensang districts shall have the same meanings as in the state of nagaland act, 1962. 371b. special provision with respect to the state of assam notwithstanding anything in this constitution, the president may, by order made with respect to the state of assam, provide for the constitution and functions of a committee of the legislative assembly of the state consisting of members of that assembly elected from the tribal areas specified in part i of the table appended to paragraph 20 of the sixth schedule and such number of other members of that assembly as may be specified in the order and for the modifications to be made in the rules of procedure of that assembly for the constitution and proper functioning of such committee. 371c. special provision with respect to the state of manipur notwithstanding anything in this constitution, the president may, by order made with respect to the state of manipur, provide for the constitution and functions of a committee of the legislative assembly of the state consisting of members of that assembly elected from the hill areas of that state, for the modifications to be made in the rules of business of the government and in the rules of procedure of the legislative assembly of the state and for any special responsibility of the governor in order to secure the proper functioning of such committee. the governor shall annually, or whenever so required by the president, make a report to the president regarding the administration of the hill areas in the state of manipur and the executive power of the union shall extend to the giving of directions to the state as to the administration of the said areas. explanation in this article, the expression "hill areas" means such areas as the president may, by order, declare to be hill areas. 371d. special provisions with respect to the state of andhra pradesh the president may by order made with respect to the state of andhra pradesh provide, having regard to the requirements of the state as a whole, for equitable opportunities and facilities for the people belonging to different parts of the state, in the matter of public employment and in the matter of education, and different provisions may be made for various parts of the state. an order made under clause (1) may, in particular,require the state government to organise any class or classes of posts in a civil service of, or any class or classes of civil posts under, the state into different local cadres for different parts of the state and allot in accordance with such principles and procedure as may be specified in the order the persons holding such posts to the local cadres so organised; specify any part or parts of the state which shall be regarded as the local areafor direct recruitment to posts in any local cadre (whether organised in pursuance of an order under this article or constituted otherwise) under the state government; for direct recruitment to posts in any cadre under any local authority within the state; and for the purposes of admission to any university within the state or to any other educational institution which is subject to the control of the state government; specify the extent to which, the manner in which and the conditions subject to which, preference or reservation shall be given or madein the matter of direct recruitment to posts in any such cadre referred to in sub-clause (b) as may be specified in this behalf in the order, in the matter of admission to any such university or other educational institution referred to in sub-clause (b) as may be specified in this behalf in the order, to or in favour of candidates who have resided or studied for any period specified in the order in the local area in respect of such cadre, university or other educational institution, as the case may be. the president may, by order, provide for the constitution of an administrative tribunal for the state of andhra pradesh to exercise such jurisdiction, powers and authority including any jurisdiction, power and authority which immediately before the commencement of the constitution (thirty-second amendment) act, 1973, was exercisable by any court (other than the supreme court) or by any tribunal or other authority as may be specified in the order with respect to the following matters, namely:appointment, allotment or promotion to such class or classes of posts in any civil service of the state, or to such class or classes of civil posts under the state, or to such class or classes of posts under the control of any local authority within the state, as may be specified in the order; seniority of persons appointed, allotted or promoted to such class or classes of posts in any civil service of the state, or to such class or classes of civil posts under the state, or to such class or classes of posts under the control of any local authority within the state, as may be specified in the order; such other conditions of service of persons appointed, allotted or promoted to such class or classes of posts in any civil service of the state or to such class or classes of civil posts under the state or to such class or classes of posts under the control of any local authority within the state, as may be specified in the order. an order made under clause (3) mayauthorise the administrative tribunal to receive representations for the redress of grievances relating to any matter within its jurisdiction as the president may specify in the order and to make such orders thereon as the administrative tribunal deems fit; contain such provisions with respect to the powers and authorities and procedure of the administrative tribunal (including provisions with respect to the powers of the administrative tribunal to punish for contempt of itself) as the president may deem necessary; provide for the transfer to the administrative tribunal of such classes of proceedings, being proceedings relating to matters within its jurisdiction and pending before any court (other than the supreme court) or tribunal or other authority immediately before the commencement of such order, as may be specified in the order; contain such supplemental, incidental and consequential provisions (including provisions as to fees and as to limitation, evidence or for the application of any law for the time being in force subject to any exceptions or modifications) as the president may deem necessary. the order of the administrative tribunal finally disposing of any case shall become effective upon its confirmation by the state government or on the expiry of three months from the date on which the order is made, whichever is earlier: provided that the state government may, by special order made in writing and for reasons to be specified therein, modify or annul any order of the administrative tribunal before it becomes effective and in such a case, the order of the administrative tribunal shall have effect only in such modified form or be of no effect, as the case may be. every special order made by the state government under the proviso to clause (5) shall be laid, as soon as may be after it is made, before both houses of the state legislature. the high court for the state shall not have any powers of superintendence over the administrative tribunal and no court (other than the supreme court) or tribunal shall exercise any jurisdiction, power or authority in respect of any matter subject to the jurisdiction, power or authority of, or in relation to the administrative tribunal. if the president is satisfied that the continued existence of the administrative tribunal is not necessary, the president may by order abolish the administrative tribunal and make such provisions in such order as he may deem fit for the transfer and disposal of cases pending before the tribunal immediately before such abolition. notwithstanding any judgment, decree or order of any court, tribunal or other authority,no appointment, posting, promotion or transfer of any personmade before the 1st day of november, 1956, to any post under the government of, or any local authority within, the state of hyderabad as it existed before that date; or made before the commencement of the constitution (thirty-second amendment) act, 1973, to any post under the government of, or any local or other authority within, the state of andhra pradesh; and no action taken or thing done by or before any person referred to in sub-clause (a), shall be deemed to be illegal or void or ever to have become illegal or void merely on the ground that the appointment, posting, promotion or transfer of such person was not made in accordance with any law, then in force, providing for any requirement as to residence within the state of hyderabad or, as the case may be, within any part of the state of andhra pradesh, in respect of such appointment, posting, promotion or transfer. the provisions of this article and of any order made by the president thereunder shall have effect notwithstanding anything in any other provision of this constitution or in any other law for the time being in force. 371e. establishment of central university in andhra pradesh parliament may by law provide for the establishment of a university in the state of andhra pradesh. 371f. special provisions with respect to the state of sikkim notwithstanding anything in this constitution,the legislative assembly of the state of sikkim shall consist of not less than thirty members; as from the date of commencement of the constitution (thirty-sixth amendment) act, 1975 (hereafter in this article referred to as the appointed day)the assembly for sikkim formed as a result of the elections held in sikkim in april, 1974 with thirty-two members elected in the said elections (hereinafter referred to as the sitting members) shall be deemed to be the legislative assembly of the state of sikkim duly constituted under this constitution; the sitting members shall be deemed to be the members of the legislative assembly of the state of sikkim duly elected under this constitution; and the said legislative assembly of the state of sikkim shall exercise the powers and perform the functions of the legislative assembly of a state under this constitution; in the case of the assembly deemed to be the legislative assembly of the state of sikkim under clause (b), the references to the period of five years in clause (1) of article 172 shall be construed as references to a period of four years and the said period of four years shall be deemed to commence from the appointed day; until other provisions are made by parliament by law, there shall be allotted to the state of sikkim one seat in the house of the people and the state of sikkim shall form one parliamentary constituency to be called the parliamentary constituency for sikkim; the representative of the state of sikkim in the house of the people in existence on the appointed day shall be elected by the members of the legislative assembly of the state of sikkim; parliament may, for the purpose of protecting the rights and interests of the different sections of the population of sikkim make provision for the number of seats in the legislative assembly of the state of sikkim which may be filled by candidates belonging to such sections and for the delimitation of the assembly constituencies from which candidates belonging to such sections alone may stand for election to the legislative assembly of the state of sikkim; the governor of sikkim shall have special responsibility for peace and for an equitable arrangement for ensuring the social and economic advancement of different sections of the population of sikkim and in the discharge of his special responsibility under this clause, the governor of sikkim shall, subject to such directions as the president may, from time to time, deem fit to issue, act in his discretion; all property and assets (whether within or outside the territories comprised in the state of sikkim) which immediately before the appointed day were vested in the government of sikkim or in any other authority or in any person for the purposes of the government of sikkim shall, as from the appointed day, vest in the government of the state of sikkim; the high court functioning as such immediately before the appointed day in the territories comprised in the state of sikkim shall, on and from the appointed day, be deemed to be the high court for the state of sikkim; all courts of civil, criminal and revenue jurisdiction, all authorities and all officers judicial, executive and ministerial, throughout the territory of the state of sikkim shall continue on and from the appointed day to exercise their respective functions subject to the provisions of this constitution; all laws in force immediately before the appointed day in the territories comprised in the state of sikkim or any part thereof shall continue to be in force therein until amended or repealed by a competent legislature or other competent authority; for the purpose of facilitating the application of any such law as is referred to in clause in relation to the administration of the state of sikkim and for the purpose of bringing the provisions of any such law into accord with the provisions of this constitution, the president may, within two years from the appointed day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon, every such law shall have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law; neither the supreme court nor any other court shall have jurisdiction in respect of any dispute or other matter arising out of any treaty, agreement, engagement or other similar instrument relating to sikkim which was entered into or executed before the appointed day and to which the government of india or any of its predecessor governments was a party, but nothing in this clause shall be construed to derogate from the provisions of article 143; the president may, by public notification, extend with such restrictions or modifications as he thinks fit to the state of sikkim any enactment which is in force in a state in india at the date of the notification; if any difficulty arises in giving effect to any of the foregoing provisions of this article, the president may, by order, do anything (including any adaptation or modification of any other article) which appears to him to be necessary for the purpose of removing that difficulty: provided that no such order shall be made after the expiry of two years from the appointed day; all things done and all actions taken in or in relation to the state of sikkim or the territories comprised therein during the period commencing on the appointed day and ending immediately before the date on which the constitution (thirty-sixth amendment) act, 1975, receives the assent of the president shall, in so far as they are in conformity with the provisions of this constitution as amended by the constitution (thirty-sixth amendment) act, 1975, be deemed for all purposes to have been validly done or taken under this constitution as so amended. 371g. special provision with respect to the state of mizoram notwithstanding anything in this constitution,no act of parliament in respect ofreligious or social practices of the mizos. mizo customary law and procedure. administration of civil and criminal justice involving decisions according to mizo customary law, ownership and transfer of land, shall apply to the state of mizoram unless the legislative assembly of the state of mizoram by a resolution so decides: provided that nothing in this clause shall apply to any central act in force in the union territory of mizoram immediately before the commencement of the constitution (fifty-third amendment) act, 1986; the legislative assembly of the state of mizoram shall consist of not less than forty members. 371h. special provision with respect to the state of arunachal pradesh notwithstanding anything in this constitution,the governor of arunachal pradesh shall have special responsibility with respect to law and order in the state of arunachal pradesh and in the discharge of his functions in relation thereto, the governor shall, after consulting the council of ministers, exercise his individual judgment as to the action to be taken: provided that if any question arises whether any matter is or is not a matter as respects which the governor is under this clause required to act in the exercise of his individual judgment, the decision of the governor in his discretion shall be final, and the validity of anything done by the governor shall not be called in question on the ground that he ought or ought not to have acted in the exercise of his individual judgment: provided further that if the president on receipt of a report from the governor or otherwise is satisfied that it is no longer necessary for the governor to have special responsibility with respect to law and order in the state of arunachal pradesh, he may by order direct that the governor shall cease to have such responsibility with effect from such date as may be specified in the order; the legislative assembly of the state of arunachal pradesh shall consist of not less than thirty members. 371i. special provision with respect to the state of goa notwithstanding anything in this constitution, the legislative assembly of the state of goa shall consist of not less than thirty members. 371j. special provisions with respect to state of karnataka the president may, by order made with respect to the state of karnataka, provide for any special responsibility of the government forestablishment of a separate development board for hyderabad-karnataka region with the provision that a report on the working of the board will be placed each year before the state legislative assembly; equitable allocation of funds for developmental expenditure over the said region, subject to the requirements of the state as a whole; and equitable opportunities and facilities for the people belonging to the said region, in matters of public employment, education and vocational training, subject to the requirements of the state as a whole. an order made under sub-clause (c) of clause (1) may provide forreservation of a proportion of seats in educational and vocational training institutions in the hyderabad-karnataka region for students who belong to that region by birth or by domicile; and identification of posts or classes of posts under the state government and in any body or organisation under the control of the state government in the hyderabad-karnataka region and reservation of a proportion of such posts for persons who belong to that region by birth or by domicile and for appointment thereto by direct recruitment or by promotion or in any other manner as may be specified in the order. 372. continuance in force of existing laws and their adaptation notwithstanding the repeal by this constitution of the enactments referred to in article 395 but subject to the other provisions of this constitution, all the law in force in the territory of india immediately before the commencement of this constitution shall continue in force therein until altered or repealed or amended by a competent legislature or other competent authority. for the purpose of bringing the provisions of any law in force in the territory of india into accord with the provisions of this constitution, the president may by order make such adaptations and modifications of such law, whether by way of repeal or amendment, as may be necessary or expedient, and provide, that the law shall, as from such date as may be specified in the order, have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law. nothing in clause (2) shall be deemedto empower the president to make any adaptation or modification of any law after the expiration of three years from the commencement of this constitution; or to prevent any competent legislature or other competent authority from repealing or amending any law adapted or modified by the president under the said clause. explanation i the expression "law in force" in this article shall include a law passed or made by a legislature or other competent authority in the territory of india before the commencement of this constitution and not previously repealed, notwithstanding that it or parts of it may not be then in operation either at all or in particular areas. explanation ii any law passed or made by a legislature or other competent authority in the territory of india which immediately before the commencement of this constitution had extra-territorial effect as well as effect in the territory of india shall, subject to any such adaptations and modifications as aforesaid, continue to have such extra-territorial effect. explanation iii nothing in this article shall be construed as continuing any temporary law in force beyond the date fixed for its expiration or the date on which it would have expired if this constitution had not come into force. explanation iv an ordinance promulgated by the governor of a province under section 88 of the government of india act, 1935, and in force immediately before the commencement of this constitution shall, unless withdrawn by the governor of the corresponding state earlier, cease to operate at the expiration of six weeks from the first meeting after such commencement of the legislative assembly of that state functioning under clause (1) of article 382, and nothing in this article shall be construed as continuing any such ordinance in force beyond the said period. 372a. power of the president to adapt laws for the purposes of bringing the provisions of any law in force in india or in any part thereof, immediately before the commencement of the constitution (seventh amendment) act, 1956, into accord with the provisions of this constitution as amended by that act, the president may by order made before the first day of november, 1957, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and provide that the law shall, as from such date as may be specified in the order, have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law. nothing in clause (1) shall be deemed to prevent a competent legislature or other competent authority from repealing or amending any law adapted or modified by the president under the said clause. 373. power of president to make order in respect of persons under preventive detention in certain cases until provision is made by parliament under clause (7) of article 22, or until the expiration of one year from the commencement of this constitution, whichever is earlier the said article shall have effect as if for any reference to parliament in clauses (4) and (7) thereof there were substituted a reference to the president and for any reference to an law made by parliament in those clauses there were substituted a reference to an order made by the president. 374. provisions as to judges of the federal court and proceedings pending in the federal court or before his majesty in council the judges of the federal court holding office immediately before the commencement of this constitution shall, unless they have elected otherwise, become on such commencement the judges of the supreme court and shall thereupon be entitled to such salaries and allowances and to such rights in respect of leave of absence and pension as are provided for under article 125 in respect of the judges of the supreme court. all suits, appeals and proceedings, civil or criminal, pending in the federal court at the commencement of this constitution shall stand removed to the supreme court, and the supreme court shall have jurisdiction to hear and determine the same, and the judgments and orders of the federal court delivered or made before the commencement of this constitution shall have the same force and effect as if they had been delivered or made by the supreme court. nothing in this constitution shall operate to invalidate the exercise of jurisdiction by his majesty in council to dispose of appeals and petitions from, or in respect of, any judgment, decree or order of any court within the territory of india in so far as the exercise of such jurisdiction is authorised by law, and any order of his majesty in council made on any such appeal or petition after the commencement of this constitution shall for all purposes have effect as if it were an order or decree made by the supreme court in the exercise of the jurisdiction conferred on such court by this constitution. on and from the commencement of this constitution the jurisdiction of the authority functioning as the privy council in a state specified in part b of the first schedule to entertain and dispose of appeals and petitions from or in respect of any judgment, decree or order of any court within that state shall cease, and all appeals and other proceedings pending before the said authority at such commencement shall be transferred to, and disposed of by, the supreme court. further provision may be made by parliament by law to give effect to the provisions of this article. 375. courts, authorities and officers to continue to function subject to the provisions of the constitution all courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial, executive and ministerial, throughout the territory of india, shall continue to exercise their respective functions subject to the provisions of this constitution. 376. provisions as to judges of high courts notwithstanding anything in clause (2) of article 217, the judges of a high court in any province holding office immediately before the commencement of this constitution shall, unless they have elected otherwise, become on such commencement the judges of the high court in the corresponding state, and shall thereupon be entitled to such salaries and allowances and to such rights in respect of leave of absence and pension as are provided for under article 221 in respect of the judges of such high court. any such judge shall, notwithstanding that he is not a citizen of india, be eligible for appointment as chief justice of such high court, or as chief justice or other judge of any other high court. the judges of a high court in any indian state corresponding to any state specified in part b of the first schedule holding office immediately before the commencement of this constitution shall, unless they have elected otherwise, become on such commencement the judges of the high court in the state so specified and shall, notwithstanding anything in clauses (1) and (2) of article 217 but subject to the proviso to clause (1) of that article, continue to hold office until the expiration of such period as the president may by order determine. in this article, the expression "judge" does not include an acting judge or an additional judge. 377. provisions as to comptroller and auditor-general of india the auditor-general of india holding office immediately before the commencement of this constitution shall, unless he has elected otherwise, become on such commencement the comptroller and auditor-general of india and shall thereupon be entitled to such salaries and to such rights in respect of leave of absence and pension as are provided for under clause (3) of article 148 in respect of the comptroller and auditor-general of india and be entitled to continue to hold office until the expiration of his term of office as determined under the provisions which were applicable to him immediately before such commencement. 378. provisions as to public service commissions the members of the public service commission for the dominion of india holding office immediately before the commencement of this constitution shall, unless they have elected otherwise, become on such commencement the members of the public service commission for the union and shall, notwithstanding anything in clauses (1) and (2) of article 316 but subject to the proviso to clause (2) of that article, continue to hold office until the expiration of their term of office as determined under the rules which were applicable immediately before such commencement to such members. the members of a public service commission of a province or of a public service commission serving the needs of a group of provinces holding office immediately before the commencement of this constitution shall, unless they have elected otherwise, become on such commencement the members of the public service commission for the corresponding state or the members of the joint state public service commission serving the needs of the corresponding states, as the case may be, and shall, notwithstanding anything in clauses (1) and (2) of article 316 but subject to the proviso to clause (2) of that article, continue to hold office until the expiration of their term of office as determined under the rules which were applicable immediately before such commencement to such members. 378a. special provisions as to duration of andhra pradesh legislative assembly notwithstanding anything contained in article 172, the legislative assembly of the state of andhra pradesh as constituted under the provisions of sections 28 and 29 of the states reorganisation act, 1956, shall, unless sooner dissolved, continue for a period of five years from the date referred to in the said section 29 and no longer and the expiration of the said period shall operate as a dissolution of that legislative assembly. 379-391. rep. by the constitution (seventh amendment) act, 1956, s. 29 and sch 392. power of the president to remove difficulties the president may, for the purpose of removing any difficulties, particularly in relation to the transition from the provisions of the government of india act, 1935, to the provisions of this constitution, by order direct that this constitution shall, during such period as may be specified in the order, have effect subject to such adaptations, whether by way of modification, addition or omission, as he may deem to be necessary or expedient: provided that no such order shall be made after the first meeting of parliament duly constituted under chapter ii of part v. every order made under clause (1) shall be laid before parliament. the powers conferred on the president by this article, by article 324, by clause (3) of article 367 and by article 391 shall, before the commencement of this constitution, be exercisable by the governor-general of the dominion of india. part xxii. short title, commencement, authoritative text in hindi and repeals 393. short title this constitution may be called the constitution of india. 394. commencement this article and articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 shall come into force at once, and the remaining provisions of this constitution shall come into force on the twenty-sixth day of january, 1950, which day is referred to in this constitution as the commencement of this constitution. 394a. authoritative text in the hindi language the president shall cause to be published under his authority,the translation of this constitution in the hindi language, signed by the members of the constituent assembly, with such modifications as may be necessary to bring it in conformity with the language, style and terminology adopted in the authoritative texts of central acts in the hindi language, and incorporating therein all the amendments of this constitution made before such publication; and the translation in the hindi language of every amendment of this constitution made in the english language. the translation of this constitution and of every amendment thereof published under clause (1) shall be construed to have the same meaning as the original thereof and if any difficulty arises in so construing any part of such translation, the president shall cause the same to be revised suitably. the translation of this constitution and of every amendment thereof published under this article shall be deemed to be, for all purposes, the authoritative text thereof in the hindi language. 395. repeals the indian independence act, 1947, and the government of india act, 1935, together with all enactments amending or supplementing the latter act, but not including the abolition of privy council jurisdiction act, 1949, are hereby repealed. first schedule. (articles 1 and 4) i. the states 1. andhra pradesh the territories specified in sub-section (1) of section 3 of the pradesh andhra state act, 1953, sub-section (1) of section 3 of the states reorganisation act, 1956, the first schedule to the andhra pradesh and madras (alteration of boundaries) act, 1959, and the schedule to the andhra pradesh and mysore (transfer of territory) act, 1968, but excluding the territories specified in the second schedule to the andhra pradesh and madras (alteration of boundaries) act, 1959. 2. assam the territories which immediately before the commencement of this constitution were comprised in the province of assam, the khasi states and the assam tribal areas, but excluding the territories specified in the schedule to the assam (alteration of boundaries) act, 1951 and the territories specified in sub-section (1) of section 3 of the state of nagaland act, 1962 and the territories specified in sections 5, 6 and 7 of the north-eastern areas (reorganisation) act, 1971, and the territories referred to in part i of the second schedule to the constitution (one hundredth amendment) act, 2015, notwithstanding anything contained in clause (a) of section 3 of the constitution (ninth amendment) act, 1960, so far as it relates to the territories referred to in part i of the second schedule to the constitution (one hundredth amendment) act, 2015. 3. bihar the territories which immediately before the commencement of this constitution were either comprised in the province of bihar or were being administered as if they formed part of that province and the territories specified in clause (a) of sub-section (1) of section 3 of the bihar and uttar pradesh (alteration of boundaries) act, 1968, but excluding the territories specified in sub-section (1) of section 3 of the bihar and west bengal (transfer of territories) act, 1956, and the territories specified in clause (b) of sub-section (1) of section 3 of the first mentioned act. 4. gujarat the territories referred to in sub-section (1) of section 3 of the bombay reorganisation act, 1960. 5. kerala the territories specified in sub-section (1) of section 5 of the states reorganisation act, 1956. 6. madhya pradesh the territories specified in sub-section (1) of section 9 of the states pradesh reorganisation act, 1956 and the first schedule to the rajasthan and madhya pradesh (transfer of territories) act, 1959. 7. tamil nadu the territories which immediately before the commencement of this nadu constitution were either comprised in the province of madras or were being administered as if they formed part of that province and the territories specified in section 4 of the states reorganisation act, 1956, and the second schedule to the andhra pradesh and madras (alteration of boundaries) act, 1959, but excluding the territories specified in sub-section (1) of section 3 and sub-section (1) of section 4 of the andhra state act, 1953 and the territories specified in clause (b) of sub-section (1) of section 5, section 6 and clause (d) of sub-section (1) of section 7 of the states reorganisation act, 1956 and the territories specified in the first schedule to the andhra pradesh and madras (alteration of boundaries) act, 1959. 8. maharashtra the territories specified in sub-section (1) of section 8 of the states reorganisation act, 1956, but excluding the territories referred to in sub-section (1) of section 3 of the bombay reorganisation act, 1960. 9. karnataka the territories specified in sub-section (1) of section 7 of the states reorganisation act, 1956, but excluding the territory specified in the schedule to the andhra pradesh and mysore (transfer of territory) act, 1968. 10. orissa the territories which immediately before the commencement of this constitution were either comprised in the province of orissa or were being administered as if they formed part of that province. 11. punjab the territories specified in section 11 of the states reorganisation act, 1956 and the territories referred to in part ii of the first schedule to the acquired territories (merger) act, 1960 but excluding the territories referred to in part ii of the first schedule to the constitution (ninth amendment) act, 1960 and the territories specified in sub-section (1) of section 3, section 4 and sub-section (1) of section 5 of the punjab reorganisation act, 1966. 12. rajasthan the territories specified in section 10 of the states reorganisation act, 1956 but excluding the territories specified in the first schedule to the rajasthan and madhya pradesh (transfer of territories) act, 1959. 13. uttar pradesh the territories which immediately before the commencement of this constitution were either comprised in the province known as the united provinces or were being administered as if they formed part of that province, the territories specified in clause (b) of sub-section (1) of section 3 of the bihar and uttar pradesh (alteration of boundaries) act, 1968 and the territories specified in clause (b) of sub-section (1) of section 4 of the haryana and uttar pradesh (alteration of boundaries) act, 1979, but excluding the territories specified in clause (a) of sub-section (1) of section 3 of the bihar and uttar pradesh (alteration of boundaries) act, 1968, and the territories specified in clause (a) of sub-section (1) of section 4 of the haryana and uttar pradesh (alteration of boundaries) act, 1979. 14. west bengal the territories which immediately before the commencement of this constitution were either comprised in the province of west bengal or were being administered as if they formed part of that province and the territory of chandernagore as defined in clause (c) of section 2 of the chandernagore (merger) act, 1954 and also the territories specified in sub-section (1) of section 3 of the bihar and west bengal (transfer of territories) act, 1956, and also the territories referred to in part iii of the first schedule but excluding the territories referred to in part iii of the second schedule to the constitution (one hundredth amendment) act, 2015, notwithstanding anything contained in clause (c) of section 3 of the constitution (ninth amendment) act, 1960, so far as it relates to the territories referred to in part iii of the first schedule and the territories referred to in part iii of the second schedule to the constitution (one hundredth amendment) act, 2015. 15. jammu and kashmir the territory which immediately before the commencement of this constitution was comprised in the indian state of jammu and kashmir. 16. nagaland the territories specified in sub-section (1) of section 3 of the state of nagaland act, 1962. 17. haryana the territories specified in sub-section (1) of section 3 of the punjab reorganisation act, 1966 and the territories specified in clause (a) of sub-section (1) of section 4 of the haryana and uttar pradesh (alteration of boundaries) act, 1979, but excluding the territories specified in clause (b) of sub-section (1) of section 4 of that act. 18. himachal pradesh the territories which immediately before the commencement of this constitution were being administered as if they were chief commissioner's provinces under the names of himachal pradesh and bilaspur and the territories specified in sub-section (1) of section 5 of the punjab reorganisation act, 1966. 19. manipur the territory which immediately before the commencement of this constitution was being administered as if it were a chief commissioner's province under the name of manipur. 20. tripura the territory which immediately before the commencement of this constitution was being administered as if it were a chief commissioner's province under the name of tripura, and the territories referred to in part ii of the first schedule to the constitution (one hundredth amendment) act, 2015, notwithstanding anything contained in clause (d) of section 3 of the constitution (ninth amendment) act, 1960, so far as it relates to the territories referred to in part ii of the first schedule to the constitution (one hundredth amendment) act, 2015. 21. meghalaya the territories specified in section 5 of the north-eastern areas (reorganisation) act, 1971, and the territories referred to in part i of the first schedule but excluding the territories referred to in part ii of the second schedule to the constitution (one hundredth amendment) act, 2015. 22. sikkim the territories which immediately before the commencement of the constitution (thirty-sixth amendment) act, 1975, were comprised in sikkim. 23. mizoram the territories specified in section 6 of the north-eastern areas (reorganisation) act, 1971. 24. arunachal pradesh the territories specified in section 7 of the north-eastern areas (reorganisation) act, 1971. 25. goa the territories specified in section 3 of the goa, daman and diu reorganisation act, 1987. ii. the union territories 1. delhi the territory which immediately before the commencement of this constitution was comprised in the chief commissioner's province of delhi 2. the andaman and nicobar islands the territory which immediately before the commencement of this constitution was comprised in the chief commissioner's province of the andaman and nicobar islands. 3. lakshadweep the territory specified in section 6 of the states reorganisation act, 1956. 4. dadra and nagar haveli the territory which immediately before the eleventh day of august, 1961 was comprised in free dadra and nagar haveli. 5. daman and diu the territories specified in section 4 of the goa, daman and diu reorganisation act, 1987. 6. pondicherry the territories which immediately before the sixteenth day of august, 1962, were comprised in the french establishments in india known as pondicherry, karikal, mahe and yanam. 7. chandigarh the territories specified in section 4 of the punjab reorganisation act, 1966. second schedule. (articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164(5), 186 and 221) part a. provisions as to the president and the governors of states there shall be paid to the president and to the governors of the states the following emoluments per mensem, that is to say:the president 10,000 rupees. the governor of a state 5,500 rupees. there shall also be paid to the president and to the governors of the states such allowances as were payable respectively to the governor-general of the dominion of india and to the governors of the corresponding provinces immediately before the commencement of this constitution. the president and the governors of the states throughout their respective terms of office shall be entitled to the same privileges to which the governor-general and the governors of the corresponding provinces were respectively entitled immediately before the commencement of this constitution. while the vice-president or any other person is discharging the functions of, or is acting as, president, or any person is discharging the functions of the governor, he shall be entitled to the same emoluments, allowances and privileges as the president or the governor whose functions he discharges or for whom he acts, as the case may be. part b [omitted by s. 29 and sch., ibid.] part c. provisions as to the speaker and the deputy speaker of the house of the people and the chairman and the deputy chairman of the council of states and the speaker and the deputy speaker of the legislative assembly and the chairman and the deputy chairman of the legislative council of a state there shall be paid to the speaker of the house of the people and the chairman of the council of states such salaries and allowances as were payable to the speaker of the constituent assembly of the dominion of india immediately before the commencement of this constitution, and there shall be paid to the deputy speaker of the house of the people and to the deputy chairman of the council of states such salaries and allowances as were payable to the deputy speaker of the constituent assembly of the dominion of india immediately before such commencement. there shall be paid to the speaker and the deputy speaker of the legislative assembly and to the chairman and the deputy chairman of the legislative council of a state such salaries and allowances as were payable respectively to the speaker and the deputy speaker of the legislative assembly and the president and the deputy president of the legislative council of the corresponding province immediately before the commencement of this constitution and, where the corresponding province had no legislative council immediately before such commencement, there shall be paid to the chairman and the deputy chairman of the legislative council of the state such salaries and allowances as the governor of the state may determine. part d. provisions as to the judges of the supreme court and of the high courts 9 there shall be paid to the judges of the supreme court, in respect of time spent on actual service, salary at the following rates per mensem, that is to say:the chief justice 10,000 rupees. any other judge 9,000 rupees. provided that if a judge of the supreme court at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any previous service under the government of india or any of its predecessor governments or under the government of a state or any of its predecessor governments, his salary in respect of service in the supreme court shall be reducedby the amount of that pension, and if he has, before such appointment, received in lieu of a portion of the pension due to him in respect of such previous service the commuted value thereof, by the amount of that portion of the pension, and if he has, before such appointment, received a retirement gratuity in respect of such previous service, by the pension equivalent of that gratuity. every judge of the supreme court shall be entitled without payment of rent to the use of an official residence. nothing in sub-paragraph (2) of this paragraph shall apply to a judge who, immediately before the commencement of this constitution,was holding office as the chief justice of the federal court and has become on such commencement the chief justice of the supreme court under clause (1) of article 374, or was holding office as any other judge of the federal court and has on such commencement become a judge (other than the chief justice) of the supreme court under the said clause, during the period he holds office as such chief justice or other judge, and every judge who so becomes the chief justice or other judge of the supreme court shall, in respect of time spent on actual service as such chief justice or other judge, as the case may be, be entitled to receive in addition to the salary specified in sub-paragraph (1) of this paragraph as special pay an amount equivalent to the difference between the salary so specified and the salary which he was drawing immediately before such commencement. every judge of the supreme court shall receive such reasonable allowances to reimburse him for expenses incurred in travelling on duty within the territory of india and shall be afforded such reasonable facilities in connection with travelling as the president may from time to time prescribe. the rights in respect of leave of absence (including leave allowances) and pension of the judges of the supreme court shall be governed by the provisions which, immediately before the commencement of this constitution, were applicable to the judges of the federal court. 10 there shall be paid to the judges of high courts, in respect of time spent on actual service, salary at the following rates per mensem, that is to say,the chief justice 9,000 rupees. any other judge 8,000 rupees. provided that if a judge of a high court at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any previous service under the government of india or any of its predecessor governments or under the government of a state or any of its predecessor governments, his salary in respect of service in the high court shall be reducedby the amount of that pension, and if he has, before such appointment, received in lieu of a portion of the pension due to him in respect of such previous service the commuted value thereof, by the amount of that portion of the pension, and if he has, before such appointment, received a retirement gratuity in respect of such previous service, by the pension equivalent of that gratuity. every person who immediately before the commencement of this constitutionwas holding office as the chief justice of a high court in any province and has on such commencement become the chief justice of the high court in the corresponding state under clause (1) of article 376, or was holding office as any other judge of a high court in any province and has on such commencement become a judge (other than the chief justice) of the high court in the corresponding state under the said clause, shall, if he was immediately before such commencement drawing a salary at a rate higher than that specified in sub-paragraph (1) of this paragraph, be entitled to receive in respect of time spent on actual service as such chief justice or other judge, as the case may be, in addition to the salary specified in the said sub-paragraph as special pay an amount equivalent to the difference between the salary so specified and the salary which he was drawing immediately before such commencement. any person who, immediately before the commencement of the constitution (seventh amendment) act, 1956, was holding office as the chief justice of the high court of a state specified in part b of the first schedule and has on such commencement become the chief justice of the high court of a state specified in the said schedule as amended by the said act, shall, if he was immediately before such commencement drawing any amount as allowance in addition to his salary, be entitled to receive in respect of time spent on actual service as such chief justice, the same amount as allowance in addition to the salary specified in sub-paragraph (1) of this paragraph. in this part, unless the context otherwise requires,the expression "chief justice" includes an acting chief justice, and a "judge" includes an ad hoc judge; "actual service" includestime spent by a judge on duty as a judge or in the performance of such other functions as he may at the request of the president undertake to discharge; vacations, excluding any time during which the judge is absent on leave; and joining time on transfer from a high court to the supreme court or from one high court to another. part e. provisions as to the comptroller and auditor-general of india 12 there shall be paid to the comptroller and auditor-general of india a salary at the rate of four thousand rupees per mensem. the person who was holding office immediately before the commencement of this constitution as auditor-general of india and has become on such commencement the comptroller and auditor-general of india under article 377 shall in addition to the salary specified in sub-paragraph (1) of this paragraph be entitled to receive as special pay an amount equivalent to the difference between the salary so specified and the salary which he was drawing as auditor-general of india immediately before such commencement. the rights in respect of leave of absence and pension and the other conditions of service of the comptroller and auditor-general of india shall be governed or shall continue to be governed, as the case may be, by the provisions which were applicable to the auditor-general of india immediately before the commencement of this constitution and all references in those provisions to the governor-general shall be construed as references to the president. third schedule. forms of oaths or affirmations (articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219) i. form of oath of office for a minister for the union "i, a.b., do swear in the name of god/solemnly affirm that i will bear true faith and allegiance to the constitution of india as by law established, that i will uphold the sovereignty and integrity of india, that i will faithfully and conscientiously discharge my duties as a minister for the union and that i will do right to all manner of people in accordance with the constitution and the law, without fear or favour, affection or illwill." ii. form of oath of secrecy for a minister for the union "i, a.b., do swear in the name of god/solemnly affirm that i will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as a minister for the union except as may be required for the due discharge of my duties as such minister."   a. form of oath or affirmation to be made by a candidate for election to parliament "i, a.b., having been nominated as a candidate to fill a seat in the council of states (or the house of the people) do swear in the name of god/solemnly affirm that i will bear true faith and allegiance to the constitution of india as by law established and that i will uphold the sovereignty and integrity of india." b. form of oath or affirmation to be made by a member of parliament "i, a.b., having been elected (or nominated) a member of the council of states (or the house of the people) do swear in the name of god/solemnly affirm that i will bear true faith and allegiance to the constitution of india as by law established, that i will uphold the sovereignty and integrity of india and that i will faithfully discharge the duty upon which i am about to enter." iv. form of oath or affirmation to be made by the judges of the supreme court and the comptroller and auditor-general of india "i, a.b., having been appointed chief justice (or a judge) of the supreme court of india (or comptroller and auditor-general of india) do swear in the name of god/solemnly affirm that i will bear true faith and allegiance to the constitution of india as by law established, that i will uphold the sovereignty and integrity of india, that i will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that i will uphold the constitution and the laws." v. form of oath of office for a minister for a state "i, a.b., do swear in the name of god/solemnly affirm that i will bear true faith and allegiance to the constitution of india as by law established, that i will uphold the sovereignty and integrity of india, that i will faithfully and conscientiously discharge my duties as a minister for the state of and that i will do right to all manner of people in accordance with the constitution and the law without fear or favour, affection or ill-will." vi. form of oath of secrecy for a minister for a state "i, a.b., do swear in the name of god/solemnly affirm that i will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as a minister for the state of except as may be required for the due discharge of my duties as such minister."   a. form of oath or affirmation to be made by a candidate for election to the legislature of a state "i, a.b., having been nominated as a candidate to fill a seat in the legislative assembly (or legislative council), do swear in the name of god/solemnly affirm that i will bear true faith and allegiance to the constitution of india as by law established and that i will uphold the sovereignty and integrity of india." b. form of oath or affirmation to be made by a member of the legislature of a state "i, a.b., having been elected (or nominated) a member of the legislative assembly (or legislative council), do swear in the name of god/solemnly affirm that i will bear true faith and allegiance to the constitution of india as by law established, that i will uphold the sovereignty and integrity of india and that i will faithfully discharge the duty upon which i am about to enter." viii. form of oath or affirmation to be made by the judges of a high court "i, a.b., having been appointed chief justice (or a judge) of the high court at (or of) do swear in the name of god solemnly affirm that i will bear true faith and allegiance to the constitution of india as by law established, that i will uphold the sovereignty and integrity of india, that, i will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that i will uphold the constitution and the laws." fourth schedule. allocation of seats in the council of states (articles 4(1) and 80(2)) to each state or union territory specified in the first column of the following table, there shall be allotted the number of seats specified in the second column thereof opposite to that state or that union territory, as the case may be. andhra pradesh 18 assam 7 bihar 22 goa 1 gujarat 11 haryana 5 kerala 9 madhya pradesh 16 tamil nadu 18 maharashtra 19 karnataka 12 orissa 10 punjab 7 rajasthan 10 uttar pradesh 34 west bengal 16 jammu and kashmir 4 nagaland 1 himachal pradesh 3 manipur 1 tripura 1 meghalaya 1 sikkim 1 mizoram 1 arunachal pradesh 1 delhi 3 pondicherry 1 total 233 fifth schedule. provisions as to the administration and control of scheduled areas and scheduled tribes (article 244 (1)) part a. general 1. interpretation in this schedule, unless the context otherwise requires, the expression "state" does not include the states of assam, meghalaya, tripura and mizoram. 2. executive power of a state in scheduled areas subject to the provisions of this schedule, the executive power of a state extends to the scheduled areas therein. 3. report by the governor to the president regarding the administration of scheduled areas the governor of each state having scheduled areas therein shall annually, or whenever so required by the president, make a report to the president regarding the administration of the scheduled areas in that state and the executive power of the union shall extend to the giving of directions to the state as to the administration of the said areas. part b. administration and control of scheduled areas and scheduled tribes 4. tribes advisory council there shall be established in each state having scheduled areas therein and, if the president so directs, also in any state having scheduled tribes but not scheduled areas therein, a tribes advisory council consisting of not more than twenty members of whom, as nearly as may be, three-fourths shall be the representatives of the scheduled tribes in the legislative assembly of the state: provided that if the number of representatives of the scheduled tribes in the legislative assembly of the state is less than the number of seats in the tribes advisory council to be filled by such representatives, the remaining seats shall be filled by other members of those tribes. it shall be the duty of the tribes advisory council to advise on such matters pertaining to the welfare and advancement of the scheduled tribes in the state as may be referred to them by the governor the governor may make rules prescribing or regulating, as the case may be,the number of members of the council, the mode of their appointment and the appointment of the chairman of the council and of the officers and servants thereof; the conduct of its meetings and its procedure in general; and all other incidental matters. 5. law applicable to scheduled areas notwithstanding anything in this constitution the governor may by public notification direct that any particular act of parliament or of the legislature of the state shall not apply to a scheduled area or any part thereof in the state or shall apply to a scheduled area or any part thereof in the state subject to such exceptions and modifications as he may specify in the notification and any direction given under this sub-paragraph may be given so as to have retrospective effect. the governor may make regulations for the peace and good government of any area in a state which is for the time being a scheduled area. in particular and without prejudice to the generality of the foregoing power, such regulations mayprohibit or restrict the transfer of land by or among members of the scheduled tribes in such area; regulate the allotment of land to members of the scheduled tribes in such area; regulate the carrying on of business as money-lender by persons who lend money to members of the scheduled tribes in such area. in making any such regulation as is referred to in sub-paragraph (2) of this paragraph, the governor may repeal or amend any act of parliament or of the legislature of the state or any existing law which is for the time being applicable to the area in question. all regulations made under this paragraph shall be submitted forthwith to the president and, until assented to by him, shall have no effect. no regulation shall be made under this paragraph unless the governor making the regulation has, in the case where there is a tribes advisory council for the state, consulted such council. part c. scheduled areas 6. scheduled areas in this constitution, the expression "scheduled areas" means such areas as the president may by order566 declare to be scheduled areas. the president may at any time by orderdirect that the whole or any specified part of a scheduled area shall cease to be a scheduled area or a part of such an area; increase the area of any scheduled area in a state after consultation with the governor of that state; alter, but only by way of rectification of boundaries, any scheduled area; on any alternation of the boundaries of a state or on the admission into the union or the establishment of a new state, declare any territory not previously included in any state to be, or to form part of, a scheduled area; rescind, in relation to any state or states, any order or orders made under this paragraph, and in consultation with the governor of the state concerned, make fresh orders redefining the areas which are to be scheduled areas, and any such order may contain such incidental and consequential provisions as appear to the president to be necessary and proper, but save as aforesaid, the order made under subparagraph (1) of this paragraph shall not be varied by any subsequent order. part d. amendment of the schedule 7. amendment of the schedule parliament may from time to time by law amend by way of addition, variation or repeal any of the provisions of this schedule and, when the schedule is so amended, any reference to this schedule in this constitution shall be construed as a reference to such schedule as so amended. no such law as is mentioned in sub-paragraph (1) of this paragraph shall be deemed to be an amendment of this constitution for the purposes of article 368. sixth schedule. provisions as to the administration of tribal areas in the states of assam, meghalaya, tripura and mizoram (articles 244 (2) and 275 (1)) 1. autonomous districts and autonomous regions subject to the provisions of this paragraph, the tribal areas in each item of 571572parts i, ii and iia and in part iii of the table appended to paragraph 20 of this schedule shall be an autonomous district. if there are different scheduled tribes in an autonomous district, the governor may, by public notification, divide the area or areas inhabited by them into autonomous regions. the governor may, by public notification,include, any area in 573any of the parts of the said table, exclude any area from 574any of the parts of the said table, create a new autonomous district, increase the area of any autonomous district, diminish the area of any autonomous district, unite two or more autonomous districts or parts thereof so as to form one autonomous district, alter the name of any autonomous district, define the boundaries of any autonomous district: provided that no order shall be made by the governor under clauses (c), (d), (e) and (f) of this sub-paragraph except after consideration of the report of a commission appointed under sub-paragraph (1) of paragraph 14 of this schedule: provided further that any order made by the governor under this sub-paragraph may contain such incidental and consequential provisions (including any amendment of paragraph 20 and of any item in any of the parts of the said table) as appear to the governor to be necessary for giving effect to the provisions of the order. 2. constitution of district councils and regional councils there shall be a district council for each autonomous district consisting of not more than thirty members, of whom not more than four persons shall be nominated by the governor and the rest shall be elected on the basis of adult suffrage. there shall be a separate regional council for each area constituted an autonomous region under sub-paragraph (2) of paragraph 1 of this schedule. each district council and each regional council shall be a body corporate by the name respectively of "the district council of (name of district)" and "the regional council of (name of region)", shall have perpetual succession and a common seal and shall by the said name sue and be sued. subject to the provisions of this schedule, the administration of an autonomous district shall, in so far as it is not vested under this schedule in any regional council within such district, be vested in the district council for such district and the administration of an autonomous region shall be vested in the regional council for such region. in an autonomous district with regional councils, the district council shall have only such powers with respect to the areas under the authority of the regional council as may be delegated to it by the regional council in addition to the powers conferred on it by this schedule with respect to such areas. the governor shall make rules for the first constitution of district councils and regional councils in consultation with the existing tribal councils or other representative tribal organisations within the autonomous districts or regions concerned, and such rules shall provide forthe composition of the district councils and regional councils and the allocation of seats therein; the delimitation of territorial constituencies for the purpose of elections to those councils; the qualifications for voting at such elections and the preparation of electoral rolls therefor; the qualifications for being elected at such elections as members of such councils: the term of office of members of 579regional councils; any other matter relating to or connected with elections or nominations to such councils; the procedure and the conduct of business 580(including the power to act notwithstanding any vacancy) in the district and regional councils; the appointment of officers and staff of the district and regional councils. the elected members of the district council shall hold office for a term of five years from the date appointed for the first meeting of the council after the general elections to the council, unless the district council is sooner dissolved under paragraph 16 and a nominated member shall hold office at the pleasure of the governor: provided that the said period of five years may, while a proclamation of emergency is in operation or if circumstances exist which, in the opinion of the governor, render the holding of elections impracticable, be extended by the governor for a period not exceeding one year at a time and in any case where a proclamation of emergency is in operation not extending beyond a period of six months after the proclamation has ceased to operate: provided further that a member elected to fill a casual vacancy shall hold office only for the remainder of the term of office of the member whom he replaces. the district or the regional council may after its first constitution make rules with the approval of the governor with regard to the matters specified in subparagraph (6) of this paragraph and may also make rules 583with like approval regulatingthe formation of subordinate local councils or boards and their procedure and the conduct of their business; and generally all matters relating to the transaction of business pertaining to the administration of the district or region, as the case may be: provided that until rules are made by the district or the regional council under this subparagraph the rules made by the governor under sub-paragraph (6) of this paragraph shall have effect in respect of elections to, the officers and staff of, and the procedure and the conduct of business in, each such council. 3. powers of the district councils and regional councils to make laws the regional council for an autonomous region in respect of all areas within such region and the district council for an autonomous district in respect of all areas within the district except those which are under the authority of regional councils, if any, within the district shall have power to make laws with respect tothe allotment, occupation or use, or the setting apart, of land, other than any land which is a reserved forest for the purposes of agriculture or grazing or for residential or other non-agricultural purposes or for any other purpose likely to promote the interests of the inhabitants of any village or town: provided that nothing in such laws shall prevent the compulsory acquisition of any land, whether occupied or unoccupied, for public purposes 586by the government of the state concerned in accordance with the law for the time being in force authorising such acquisition; the management of any forest not being a reserved forest; the use of any canal or water-course for the purpose of agriculture; the regulation of the practice of jhum or other forms of shifting cultivation; the establishment of village or town committees or councils and their powers; any other matter relating to village or town administration, including village or town police and public health and sanitation; the appointment or succession of chiefs or headmen; the inheritance of property; marriage and divorce; social customs. in this paragraph, a "reserved forest" means any area which is a reserved forest under the assam forest regulation, 1891, or under any other law for the time being in force in the area in question. all laws made under this paragraph shall be submitted forthwith to the governor and, until assented to by him, shall have no effect. 4. administration of justice in autonomous districts and autonomous regions the regional council for an autonomous region in respect of areas within such region and the district council for an autonomous district in respect of areas within the district other than those which are under the authority of the regional councils, if any, within the district may constitute village councils or courts for the trial of suits and cases between the parties all of whom belong to scheduled tribes within such areas, other than suits and cases to which the provisions of sub-paragraph (1) of paragraph 5 of this schedule apply, to the exclusion of any court in the state, and may appoint suitable persons to be members of such village councils or presiding officers of such courts, and may also appoint such officers as may be necessary for the administration of the laws made under paragraph 3 of this schedule. notwithstanding anything in this constitution, the regional council for an autonomous region or any court constituted in that behalf by the regional council or, if in respect of any area within an autonomous district there is no regional council, the district council for such district, or any court constituted in that behalf by the district council, shall exercise the powers of a court of appeal in respect of all suits and cases triable by a village council or court constituted under sub-paragraph (1) of this paragraph within such region or area, as the case may be, other than those to which the provisions of sub-paragraph (1) of paragraph 5 of this schedule apply, and no other court except the high court and the supreme court shall have jurisdiction over such suits or cases. the high court shall have and exercise such jurisdiction over the suits and cases to which the provisions of sub-paragraph (2) of this paragraph apply as the governor may from time to time by order specify. a regional council or district council, as the case may be, may with the previous approval of the governor make rules regulatingthe constitution of village councils and courts and the powers to be exercised by them under this paragraph; the procedure to be followed by village councils or courts in the trial of suits and cases under sub-paragraph (1) of this paragraph; the procedure to be followed by the regional or district council or any court constituted by such council in appeals and other proceedings under sub-paragraph (2) of this paragraph; the enforcement of decisions and orders of such councils and courts; all other ancillary matters for the carrying out of the provisions of sub-paragraphs (1) and (2) of this paragraph. on and from such date as the president may, 590after consulting the government of the state concerned, by notification appoint in this behalf, this paragraph shall have effect in relation to such autonomous district or region as may be specified in the notification, as ifin sub-paragraph (1), for the words "between the parties all of whom belong to scheduled tribes within such areas, other than suits and cases to which the provisions of sub-paragraph (1) of paragraph 5 of this schedule apply", the words "not being suits and cases of the nature referred to in sub-paragraph (1) of paragraph (5) of this schedule, which the governor may specify in this behalf," had been substituted; sub-paragraphs (2) and (3) had been omitted; in sub-paragraph (4)for the words "a regional council or district council, as the case may be, may with the previous approval of the governor make rules regulating", the words "the governor may make rules regulating" had been substituted; and for clause (a), the following clause had been substituted, namely:"(a) the constitution of village councils and courts, the powers to be exercised by them under this paragraph and the courts to which appeals from the decisions of village councils and courts shall lie;"; for clause (c), the following clause had been substituted, namely:"(c) the transfer of appeals and other proceedings pending before the regional or district council or any court constituted by such council immediately before the date appointed by the president under sub-paragraph (5);"; and in clause (e), for the words, brackets and figures "sub-paragraphs (1) and (2)", the word, brackets and figure "sub-paragraph (1)" had been substituted. 5. conferment of powers under the code of civil procedure, 1908, and the code of criminal procedure, 1898, on the regional and district councils and on certain courts and officers for the trial of certain suits, cases and offences the governor may, for the trial of suits or cases arising out of any law in force in any autonomous district or region being a law specified in that behalf by the governor, or for the trial of offences punishable with death, transportation for life, or imprisonment for a term of not less than five years under the indian penal code or under any other law for the time being applicable to such district or region, confer on the district council or the regional council having authority over such district or region or on courts constituted by such district council or on any officer appointed in that behalf by the governor, such powers under the code of civil procedure, 1908, or as the case may be, the code of criminal procedure, 1898, as he deems appropriate, and thereupon the said council, court or officer shall try the suits, cases or offences in exercise of the powers so conferred. the governor may withdraw or modify any of the powers conferred on a district council, regional council, court or officer under sub-paragraph (1) of this paragraph. save as expressly provided in this paragraph, the code of civil procedure, 1908, and the code of criminal procedure, 1898593, shall not apply to the trial of any suits, cases or offences in an autonomous district or in any autonomous region to which the provisions of this paragraph apply. on and from the date appointed by the president under sub-paragraph (5) of paragraph 4 in relation to any autonomous district or autonomous region, nothing contained in this paragraph shall, in its application to that district or region, be deemed to authorise the governor to confer on the district council or regional council or on courts constituted by the district council any of the powers referred to in sub-paragraph (1) of this paragraph. 6. powers of the district council to establish primary schools, etc the district council for an autonomous district may establish, construct, or manage primary schools, dispensaries, markets, 596cattle pounds, ferries, fisheries, roads, road transport and waterways in the district and may, with the previous approval of the governor, make regulations for the regulation and control thereof and, in particular, may prescribe the language and the manner in which primary education shall be imparted in the primary schools in the district. the governor may, with the consent of any district council, entrust either conditionally or unconditionally to that council or to its officers functions in relation to agriculture, animal husbandry, community projects, co-operative societies, social welfare, village planning or any other matter to which the executive power of the state extends. 7. district and regional funds there shall be constituted for each autonomous district, a district fund and for each autonomous region, a regional fund to which shall be credited all moneys received respectively by the district council for that district and the regional council for that region in the course of the administration of such district or region, as the case may be, in accordance with the provisions of this constitution. the governor may make rules for the management of the district fund, or, as the case may be, the regional fund and for the procedure to be followed in respect of payment of money into the said fund, the withdrawal of moneys therefrom, the custody of moneys therein and any other matter connected with or ancillary to the matters aforesaid. the accounts of the district council or, as the case may be, the regional council shall be kept in such form as the comptroller and auditor-general of india may, with the approval of the president, prescribe. the comptroller and auditor-general shall cause the accounts of the district and regional councils to be audited in such manner as he may think fit, and the reports of the comptroller and auditor-general relating to such accounts shall be submitted to the governor who shall cause them to be laid before the council. 8. powers to assess and collect land revenue and to impose taxes the regional council for an autonomous region in respect of all lands within such region and the district council for an autonomous district in respect of all lands within the district except those which are in the areas under the authority of regional councils, if any, within the district, shall have the power to assess and collect revenue in respect of such lands in accordance with the principles for the time being followed 599by the government of the state in assessing lands for the purpose of land revenue in the state generally. the regional council for an autonomous region in respect of areas within such region and the district council for an autonomous district in respect of all areas in the district except those which are under the authority of regional councils, if any, within the district, shall have power to levy and collect taxes on lands and buildings, and tolls on persons resident within such areas. the district council for an autonomous district shall have the power to levy and collect all or any of the following taxes within such district, that is to saytaxes on professions, trades, callings and employments; taxes on animals, vehicles and boats; taxes on the entry of goods into a market for sale therein, and tolls on passengers and goods carried in ferries; taxes for the maintenance of schools, dispensaries or roads; and taxes on entertainment and amusements. a regional council or district council, as the case may be, may make regulations to provide for the levy and collection of any of the taxes specified in sub-paragraphs (2) and (3) of this paragraph 600and every such regulation shall be submitted forthwith to the governor and, until assented to by him, shall have no effect. 9. licences or leases for the purpose of prospecting for, or extraction of, minerals such share of the royalties accruing each year from licences or leases for the purpose of prospecting for, or the extraction of, minerals granted by the government of the state in respect of any area within an autonomous district as may be agreed upon between the government of the state and the district council of such district shall be made over to that district council. if any dispute arises as to the share of such royalties to be made over to a district council, it shall be referred to the governor for determination and the amount determined by the governor in his discretion shall be deemed to be the amount payable under subparagraph (1) of this paragraph to the district council and the decision of the governor shall be final. 10. power of district council to make regulations for the control of moneylending and trading by non-tribals the district council of an autonomous district may make regulations for the regulation and control of money-lending or trading within the district by persons other than scheduled tribes resident in the district. in particular and without prejudice to the generality of the foregoing power, such regulations mayprescribe that no one except the holder of a licence issued in that behalf shall carry on the business of money-lending; prescribe the maximum rate of interest which may be charged or be recovered by a money-lender; provide for the maintenance of accounts by money-lenders and for the inspection of such accounts by officers appointed in that behalf by the district council; prescribe that no person who is not a member of the scheduled tribes resident in the district shall carry on wholesale or retail business in any commodity except under a licence issued in that behalf by the district council: provided that no regulations may be made under this paragraph unless they are passed by a majority of not less than three-fourths of the total membership of the district council: provided further that it shall not be competent under any such regulations to refuse the grant of a licence to a money-lender or a trader who has been carrying on business within the district since before the time of the making of such regulations. all regulations made under this paragraph shall be submitted forthwith to the governor and, until assented to by him, shall have no effect. 11. publication of laws, rules and regulations made under the schedule all laws, rules and regulations made under this schedule by a district council or a regional council shall be published forthwith in the official gazette of the state and shall on such publication have the force of law. 12. application of acts of parliament and of the legislature of the state of assam to autonomous districts and autonomous regions in the state of assam notwithstanding anything in this constitution,no act of the legislature of the state of assam in respect of any of the matters specified in paragraph 3 of this schedule as matters with respect to which a district council or a regional council may make laws, and no act of the legislature of the state of assam prohibiting or restricting the consumption of any non-distilled alcoholic liquor shall apply to any autonomous district or autonomous region 609in that state unless in either case the district council for such district or having jurisdiction over such region by public notification so directs, and the district council in giving such direction with respect to any act may direct that the act shall in its application to such district or region or any part thereof have effect subject to such exceptions or modifications as it thinks fit; the governor may, by public notification, direct that any act of parliament or of the legislature of the state of assam to which the provisions of clause (a) of this subparagraph do not apply, shall not apply to an autonomous district or an autonomous region in that state, or shall apply to such district or region or any part thereof subject to such exceptions or modifications as he may specify in the notification. any direction given under sub-paragraph (1) of this paragraph may be given so as to have retrospective effect. 12a. application of acts of parliament and of the legislature of the state of meghalaya to autonomous districts and autonomous regions in the state of meghalaya notwithstanding anything in this constitution,if any provision of a law made by a district or regional council in the state of meghalaya with respect to any matter specified in sub-paragraph (1) of paragraph 3 of this schedule or if any provision of any regulation made by a district council or a regional council in that state under paragraph 8 or paragraph 10 of this schedule, is repugnant to any provision of a law made by the legislature of the state of meghalaya with respect to that matter, then, the law or regulation made by the district council or, as the case may be, the regional council whether made before or after the law made by the legislature of the state of meghalaya, shall, to the extent of repugnancy, be void and the law made by the legislature of the state of meghalaya shall prevail; the president may, with respect to any act of parliament, by notification, direct that it shall not apply to an autonomous district or an autonomous region in the state of meghalaya, or shall apply to such district or region or any part thereof subject to such exceptions or modifications as he may specify in the notification and any such direction may be given so as to have retrospective effect. 12aa. application of acts of parliament and of the legislature of the state of tripura to the autonomous district and autonomous regions in the state of tripura notwithstanding anything in this constitution,no act of the legislature of the state of tripura in respect of any of the matters specified in paragraph 3 of this schedule as matters with respect to which a district council or a regional council may make laws, and no act of the legislature of the state of tripura prohibiting or restricting the consumption of any non-distilled alcoholic liquor shall apply to the autonomous district or an autonomous region in that state unless, in either case, the district council for that district or having jurisdiction over such region by public notification so directs, and the district council in giving such direction with respect to any act may direct that the act shall, in its application to that district or such region or any part thereof, have effect subject to such exceptions or modifications as it thinks fit; the governor may, by public notification, direct that any act of the legislature of the state of tripura to which the provisions of clause (a) of the sub-paragraph do not apply, shall not apply to the autonomous district or an autonomous region in that state, or shall apply to that district or such region, or any part thereof, subject to such exceptions or modifications, as he may specify in the notification; the president may, with respect to any act of parliament, by notification, direct that it shall not apply to the autonomous district or an autonomous region in the state of tripura, or shall apply to such district or region or any part thereof, subject to such exceptions or modifications as he may specify in the notification and any such direction may be given so as to have retrospective effect. 12b. application of acts of parliament and of the legislature of the state of mizoram to autonomous districts and autonomous regions in the state of mizoram notwithstanding anything in this constitution,no act of the legislature of the state of mizoram in respect of any of the matters specified in paragraph 3 of this schedule as matters with respect to which a district council or a regional council may make laws, and no act of the legislature of the state of mizoram prohibiting or restricting the consumption of any non-distilled alcoholic liquor shall apply to any autonomous district or autonomous region in that state unless, in either case, the district council for such district or having jurisdiction over such region, by public notification, so directs, and the district council, in giving such direction with respect to any act, may direct that the act shall, in its application to such district or region or any part thereof, have effect subject to such exceptions or modifications as it thinks fit; the governor may, by public notification, direct that any act of the legislature of the state of mizoram to which the provisions of clause (a) of this sub-paragraph do not apply, shall not apply to an autonomous district or an autonomous region in that state, or shall apply to such district or region, or any part thereof, subject to such exceptions or modifications, as he may specify in the notification; the president may, with respect to any act of parliament, by notification, direct that it shall not apply to an autonomous district or an autonomous region in the state of mizoram, or shall apply to such district or region or any part thereof, subject to such exceptions or modifications as he may specify in the notification and any such direction may be given so as to have retrospective effect. 13. estimated receipts and expenditure pertaining to autonomous districts to be shown separately in the annual financial statement the estimated receipts and expenditure pertaining to an autonomous district which are to be credited to, or is to be made from, the consolidated fund of the state shall be first placed before the district council for discussion and then after such discussion be shown separately in the annual financial statement of the state to be laid before the legislature of the state under article 202. 14. appointment of commission to inquire into and report on the administration of autonomous districts and autonomous regions the governor may at any time appoint a commission to examine and report on any matter specified by him relating to the administration of the autonomous districts and autonomous regions in the state, including matters specified in clauses (c), (d), (e) and (f) of sub-paragraph (3) of paragraph 1 of this schedule, or may appoint a commission to inquire into and report from time to time on the administration of autonomous districts and autonomous regions in the state generally and in particular onthe provision of educational and medical facilities and communications in such districts and regions; the need for any new or special legislation in respect of such districts and regions; and the administration of the laws, rules and regulations made by the district and regional councils, and define the procedure to be followed by such commission. the report of every such commission with the recommendations of the governor with respect thereto shall be laid before the legislature of the state by the minister concerned together with an explanatory memorandum regarding the action proposed to be taken thereon by the government of the state. in allocating the business of the government of the state among his ministers the governor may place one of his ministers specially in charge of the welfare of the autonomous districts and autonomous regions in the state. 15. annulment or suspension of acts and resolutions of district and regional councils if at any time the governor is satisfied that an act or resolution of a district or a regional council is likely to endanger the safety of india 618or is likely to be prejudicial to public order, he may annul or suspend such act or resolution and take such steps as he may consider necessary (including the suspension of the council and the assumption to himself of all or any of the powers vested in or exercisable by the council) to prevent the commission or continuance of such act, or the giving of effect to such resolution. any order made by the governor under sub-paragraph (1) of this paragraph together with the reasons therefor shall be laid before the legislature of the state as soon as possible and the order shall, unless revoked by the legislature of the state, continue in force for a period of twelve months from the date on which it was so made: provided that if and so often as a resolution approving the continuance in force of such order is passed by the legislature of the state, the order shall unless cancelled by the governor continue in force for a further period of twelve months from the date on which under this paragraph it would otherwise have ceased to operate. 16. dissolution of a district or a regional council the governor may on the recommendation of a commission appointed under paragraph 14 of this schedule by public notification order the dissolution of a district or a regional council, anddirect that a fresh general election shall be held immediately for the reconstitution of the council, or subject to the previous approval of the legislature of the state assume the administration of the area under the authority of such council himself or place the administration of such area under the commission appointed under the said paragraph or any other body considered suitable by him for a period not exceeding twelve months: provided that when an order under clause (a) of this paragraph has been made, the governor may take the action referred to in clause (b) of this paragraph with regard to the administration of the area in question pending the reconstitution of the council on fresh general election: provided further that no action shall be taken under clause (b) of this paragraph without giving the district or the regional council, as the case may be, an opportunity of placing its views before the legislature of the state. if at any time the governor is satisfied that a situation has arisen in which the administration of an autonomous district or region cannot be carried on in accordance with the provisions of this schedule, he may, by public notification assume to himself all or any of the functions or powers vested in or exercisable by the district council or, as the case may be, the regional council and declare that such functions or powers shall be exercisable by such person or authority as he may specify in this behalf, for a period not exceeding six months: provided that the governor may by a further order or orders extend the operation of the initial order by a period not exceeding six months on each occasion. every order made under sub-paragraph (2) of this paragraph with the reasons therefor shall be laid before the legislature of the state and shall cease to operate at the expiration of thirty days from the date on which the state legislature first sits after the issue of the order, unless, before the expiry of that period it has been approved by the state legislature. 17. exclusion of areas from autonomous districts in forming constituencies in such districts for the purposes of elections to the legislative assembly of assam or meghalaya or tripura or mizoram, the governor may by order declare that any area within an autonomous district 625in the state of assam or meghalaya or tripura or mizoram, as the case may be, shall not form part of any constituency to fill a seat or seats in the assembly reserved for any such district but shall form part of a constituency to fill a seat or seats in the assembly not so reserved to be specified in the order. 18. omitted by s. 71(i) and eighth sch., ibid. (w.e.f. 21-1-1972) 19. transitional provisions as soon as possible after the commencement of this constitution the governor shall take steps for the constitution of a district council for each autonomous district in the state under this schedule and, until a district council is so constituted for an autonomous district, the administration of such district shall be vested in the governor and the following provisions shall apply to the administration of the areas within such district instead of the foregoing provisions of this schedule, namely:no act of parliament or of the legislature of the state shall apply to any such area unless the governor by public notification so directs; and the governor in giving such a direction with respect to any act may direct that the act shall, in its application to the area or to any specified part thereof, have effect subject to such exceptions or modifications as he thinks fit; the governor may make regulations for the peace and good government of any such area and any regulations so made may repeal or amend any act of parliament or of the legislature of the state or any existing law which is for the time being applicable to such area. any direction given by the governor under clause (a) of sub-paragraph (1) of this paragraph may be given so as to have retrospective effect. all regulations made under clause (b) of sub-paragraph (1) of this paragraph shall be submitted forthwith to the president and, until assented to by him, shall have no effect. 20. tribal areas the areas specified in parts i, ii, iia and iii of the table below shall respectively be the tribal areas within the state of assam, the state of meghalaya, the state of tripura and the state of mizoram. any reference in part i, part ii or part iii of the table below to any district shall be construed as a reference to the territories comprised within the autonomous district of that name existing immediately before the day appointed under clause (b) of section 2 of the north-eastern areas (reorganisation) act, 1971: provided that for the purposes of clauses (e) and (f) of sub-paragraph (1) of paragraph 3, paragraph 4, paragraph 5, paragraph 6, sub-paragraph (2), clauses (a), (b) and (d) of subparagraph (3) and sub-paragraph (4) of paragraph 8 and clause (d) of sub-paragraph (2) of paragraph 10 of this schedule, no part of the area comprised within the municipality of shillong shall be deemed to be within the khasi hills district. the reference in part iia in the table below to the "tripura tribal areas district" shall be construed as a reference to the territory comprising the tribal areas specified in the first schedule to the tripura tribal areas autonomous district council act, 1979. table part 1 the north cachar hills district. 636the karbi anglong district. part 2 khasi hills district. jaintia hills district. the garo hills district. part 2a tripura tribal areas district. part 3 the chakma district. the mara district. the lai district. 20a. dissolution of the mizo district council notwithstanding anything in this schedule, the district council of the mizo district existing immediately before the prescribed date (hereinafter referred to as the mizo district council) shall stand dissolved and cease to exist. the administrator of the union territory of mizoram may, by one or more orders, provide for all or any of the following matters, namely:the transfer, in whole or in part, of the assets, rights and liabilities of the mizo district council (including the rights and liabilities under any contract made by it) to the union or to any other authority; the substitution of the union or any other authority for the mizo district council, or the addition of the union or any other authority, as a party to any legal proceedings to which the mizo district council is a party; the transfer or re-employment of any employees of the mizo district council to or by the union or any other authority, the terms and conditions of service applicable to such employees after such transfer or re-employment; the continuance of any laws, made by the mizo district council and in force immediately before its dissolution, subject to such adaptations and modifications, whether by way of repeal or amendment, as the administrator may make in this behalf, until such laws are altered, repealed or amended by a competent legislature or other competent authority; such incidental, consequential and supplementary matters as the administrator considers necessary. explanation in this paragraph and in paragraph 20b of this schedule, the expression "prescribed date" means the date on which the legislative assembly of the union territory of mizoram is duly constituted under and in accordance with the provisions of the government of union territories act, 1963. 20b. autonomous regions in the union territory of mizoram to be autonomous districts and transitory provisions consequent thereto notwithstanding anything in this schedule,every autonomous region existing immediately before the prescribed date in the union territory of mizoram shall, on and from that date, be an autonomous district in that union territory (hereafter referred to as the corresponding new district) and the administrator thereof may, by one or more orders, direct that such consequential amendments as are necessary to give effect to the provisions of this clause shall be made in paragraph 20 of this schedule (including part iii of the table appended to that paragraph) and thereupon the said paragraph and the said part iii shall be deemed to have been amended accordingly; every regional council of an autonomous region in the union territory of mizoram existing immediately before the prescribed date (hereafter referred to as the existing regional council) shall, on and from that date and until a district council is duly constituted for the corresponding new district, be deemed to be the district council of that district (hereafter referred to as the corresponding new district council). every member whether elected or nominated of an existing regional council shall be deemed to have been elected or, as the case may be, nominated to the corresponding new district council and shall hold office until a district council is duly constituted for the corresponding new district under this schedule. until rules are made under sub-paragraph (7) of paragraph 2 and sub-paragraph (4) of paragraph 4 of this schedule by the corresponding new district council, the rules made under the said provisions by the existing regional council and in force immediately before the prescribed date shall have effect in relation to the corresponding new district council subject to such adaptations and modifications as may be made therein by the administrator of the union territory of mizoram. the administrator of the union territory of mizoram may, by one or more orders, provide for all or any of the following matters, namely:the transfer in whole or in part of the assets, rights and liabilities of the existing regional council (including the rights and liabilities under any contract made by it) to the corresponding new district council; the substitution of the corresponding new district council for the existing regional council as a party to the legal proceedings to which the existing regional council is a party; the transfer or re-employment of any employees of the existing regional council to or by the corresponding new district council, the terms and conditions of service applicable to such employees after such transfer or re-employment; the continuance of any laws made by the existing regional council and in force immediately before the prescribed date, subject to such adaptations and modifications, whether by way of repeal or amendment, as the administrator may make in this behalf until such laws are altered, repealed or amended by a competent legislature or other competent authority; such incidental, consequential and supplementary matters as the administrator considers necessary. 20c. interpretation subject to any provision made in this behalf, the provisions of this schedule shall, in their application to the union territory of mizoram, have effectas if references to the governor and government of the state were references to the administrator of the union territory appointed under article 239, references to state (except in the expression "government of the state") were references to the union territory of mizoram and references to the state legislature were references to the legislative assembly of the union territory of mizoram; as ifin sub-paragraph (5) of paragraph 4, the provision for consultation with the government of the state concerned had been omitted; in sub-paragraph (2) of paragraph 6, for the words "to which the executive power of the state extends", the words "with respect to which the legislative assembly of the union territory of mizoram has power to make laws" had been substituted; in paragraph 13, the words and figures "under article 202" had been omitted. 21. amendment of the schedule parliament may from time to time by law amend by way of addition, variation or repeal any of the provisions of this schedule and, when the schedule is so amended, any reference to this schedule in this constitution shall be construed as a reference to such schedule as so amended. no such law as is mentioned in sub-paragraph (1) of this paragraph shall be deemed to be an amendment of this constitution for the purposes of article 368. seventh schedule. (article 246) list i. union list defence of india and every part thereof including preparation for defence and all such acts as may be conducive in times of war to its prosecution and after its termination to effective demobilisation. naval, military and air forces; any other armed forces of the union. deployment of any armed force of the union or any other force subject to the control of the union or any contingent or unit thereof in any state in aid of the civil power; powers, jurisdiction, privileges and liabilities of the members of such forces while on such deployment. delimitation of cantonment areas, local self-government in such areas, the constitution and powers within such areas of cantonment authorities and the regulation of house accommodation (including the control of rents) in such areas. naval, military and air force works. arms, firearms, ammunition and explosives. atomic energy and mineral resources necessary for its production. industries declared by parliament by law to be necessary for the purpose of defence or for the prosecution of war. central bureau of intelligence and investigation. preventive detention for reasons connected with defence, foreign affairs, or the security of india; persons subjected to such detention. foreign affairs; all matters which bring the union into relation with any foreign country. diplomatic, consular and trade representation. united nations organisation. participation in international conferences, associations and other bodies and implementing of decisions made thereat. entering into treaties and agreements with foreign countries and implementing of treaties, agreements and conventions with foreign countries. war and peace. foreign jurisdiction. citizenship, naturalisation and aliens. extradition. admission into, and emigration and expulsion from, india; passports and visas. pilgrimages to places outside india. piracies and crimes committed on the high seas or in the air; offences against the law of nations committed on land or the high seas or in the air. railways. highways declared by or under law made by parliament to be national highways. shipping and navigation on inland waterways, declared by parliament by law to be national waterways, as regards mechanically propelled vessels; the rule of the road on such waterways. maritime shipping and navigation, including shipping and navigation on tidal waters; provision of education and training for the mercantile marine and regulation of such education and training provided by states and other agencies. lighthouses, including lightships, beacons and other provision for the safety of shipping and aircraft. ports declared by or under law made by parliament or existing law to be major ports, including their delimitation, and the constitution and powers of port authorities therein. port quarantine, including hospitals connected therewith; seamen's and marine hospitals. airways; aircraft and air navigation; provision of aerodromes; regulation and organisation of air traffic and of aerodromes; provision for aeronautical education and training and regulation of such education and training provided by states and other agencies. carriage of passengers and goods by railway, sea or air, or by national waterways in mechanically propelled vessels. posts and telegraphs; telephones, wireless, broadcasting and other like forms of communication. property of the union and the revenue therefrom, but as regards property situated in a state subject to legislation by the state, save in so far as parliament by law otherwise provides. [omitted by s. 26, ibid.] courts of wards for the estates of rulers of indian states. public debt of the union. currency, coinage and legal tender; foreign exchange. foreign loans. reserve bank of india. post office savings bank. lotteries organised by the government of india or the government of a state. trade and commerce with foreign countries; import and export across customs frontiers; definition of customs frontiers. inter-state trade and commerce. incorporation, regulation and winding up of trading corporations, including banking, insurance and financial corporations but not including co-operative societies. incorporation, regulation and winding up of corporations, whether trading or not, with objects not confined to one state, but not including universities. banking. bills of exchange, cheques, promissory notes and other like instruments. insurance. stock exchanges and futures markets. patents, inventions and designs; copyright; trade-marks and merchandise marks. establishment of standards of weight and measure. establishment of standards of quality for goods to be exported out of india or transported from one state to another. industries, the control of which by the union is declared by parliament by law to be expedient in the public interest. regulation and development of oilfields and mineral oil resources; petroleum and petroleum products; other liquids and substances declared by parliament by law to be dangerously inflammable. regulation of mines and mineral development to the extent to which such regulation and development under the control of the union is declared by parliament by law to be expedient in the public interest. regulation of labour and safety in mines and oilfields. regulation and development of inter-state rivers and river valleys to the extent to which such regulation and development under the control of the union is declared by parliament by law to be expedient in the public interest. fishing and fisheries beyond territorial waters. manufacture, supply and distribution of salt by union agencies, regulation and control of manufacture, supply and distribution of salt by other agencies. cultivation, manufacture, and sale for export, of opium. sanctioning of cinematograph films for exhibition. industrial disputes concerning union employees. the institutions known at the commencement of this constitution as the national library, the indian museum, the imperial war museum, the victoria memorial and the indian war memorial, and any other like institution financed by the government of india wholly or in part and declared by parliament by law to be an institution of national importance. the institutions known at the commencement of this constitution as the benares hindu university, the aligarh muslim university and the delhi university; the university established in pursuance of article 371e; any other institution declared by parliament by law to be an institution of national importance. institutions for scientific or technical education financed by the government of india wholly or in part and declared by parliament by law to be institutions of national importance. union agencies and institutions forprofessional, vocational or technical training, including the training of police officers; or the promotion of special studies or research; or scientific or technical assistance in the investigation or detection of crime. co-ordination and determination of standards in institutions for higher education or research and scientific and technical institutions ancient and historical monuments and records, and archaeological sites and remains, declared by or under law made by parliament to be of national importance. the survey of india, the geological, botanical, zoological and anthropological surveys of india; meteorological organisations. census. union public services; all-india services; union public service commission. union pensions, that is to say, pensions payable by the government of india or out of the consolidated fund of india. elections to parliament, to the legislatures of states and to the offices of president and vice-president; the election commission. salaries and allowances of members of parliament, the chairman and deputy chairman of the council of states and the speaker and deputy speaker of the house of the people. powers, privileges and immunities of each house of parliament and of the members and the committees of each house; enforcement of attendance of persons for giving evidence or producing documents before committees of parliament or commissions appointed by parliament. emoluments, allowances, privileges, and rights in respect of leave of absence, of the president and governors; salaries and allowances of the ministers for the union; the salaries, allowances, and rights in respect of leave of absence and other conditions of service of the comptroller and auditor-general. audit of the accounts of the union and of the states. constitution, organisation, jurisdiction and powers of the supreme court (including contempt of such court), and the fees taken therein; persons entitled to practise before the supreme court. constitution and organisation 650(including vacations) of the high courts except provisions as to officers and servants of high courts; persons entitled to practise before the high courts. extension of the jurisdiction of a high court to, and exclusion of the jurisdiction of a high court from, any union territory. extension of the powers and jurisdiction of members of a police force belonging to any state to any area outside that state, but not so as to enable the police of one state to exercise powers and jurisdiction in any area outside that state without the consent of the government of the state in which such area is situated; extension of the powers and jurisdiction of members of a police force belonging to any state to railway areas outside that state. inter-state migration; inter-state quarantine. taxes on income other than agricultural income. duties of customs including export duties. duties of excise on the following goods manufactured or produced in india, namely:-petroleum crude; high speed diesel; motor spirit (commonly known as petrol); natural gas; aviation turbine fuel; and tobacco and tobacco products. corporation tax. taxes on the capital value of the assets, exclusive of agricultural land, of individuals and companies; taxes on the capital of companies. estate duty in respect of property other than agricultural land. duties in respect of succession to property other than agricultural land. terminal taxes on goods or passengers, carried by railway, sea or air; taxes on railway fares and freights. taxes other than stamp duties on transactions in stock exchanges and futures markets. rates of stamp duty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, transfer of shares, debentures, proxies and receipts. [omitted by the constitution (one hundred and first amendment) act, 2016] taxes on the sale or purchase of goods other than newspapers, where such sale or purchase takes place in the course of inter-state trade or commerce. taxes on the consignment of goods (whether the consignment is to the person making it or to any other person), where such consignment takes place in the course of inter state trade or commerce. [omitted by the constitution (one hundred and first amendment) act, 2016] offences against laws with respect to any of the matters in this list. inquiries, surveys and statistics for the purpose of any of the matters in this list. jurisdiction and powers of all courts, except the supreme court, with respect to any of the matters in this list; admiralty jurisdiction. fees in respect of any of the matters in this list, but not including fees taken in any court. any other matter not enumerated in list ii or list iii including any tax not mentioned in either of those lists. list ii. state list public order (but not including 654the use of any naval, military or air force or any other armed force of the union or of any other force subject to the control of the union or of any contingent or unit thereof in aid of the civil power). police (including railway and village police) subject to the provisions of entry 2a of list i. officers and servants of the high court; procedure in rent and revenue courts; fees taken in all courts except the supreme court. prisons, reformatories, borstal institutions and other institutions of a like nature, and persons detained therein; arrangements with other states for the use of prisons and other institutions. local government, that is to say, the constitution and powers of municipal corporations, improvement trusts, district boards, mining settlement authorities and other local authorities for the purpose of local self-government or village administration. public health and sanitation; hospitals and dispensaries. pilgrimages, other than pilgrimages to places outside india. intoxicating liquors, that is to say, the production, manufacture, possession, transport, purchase and sale of intoxicating liquors. relief of the disabled and unemployable. burials and burial grounds; cremations and cremation grounds. [omitted by s. 57, ibid., (w.e.f. 3-1-1977).] libraries, museums and other similar institutions controlled or financed by the state; ancient and historical monuments and records other than those 658declared by or under law made by parliament to be of national importance. communications, that is to say, roads, bridges, ferries, and other means of communication not specified in list i; municipal tramways; ropeways; inland waterways and traffic thereon subject to the provisions of list i and list iii with regard to such waterways; vehicles other than mechanically propelled vehicles. agriculture, including agricultural education and research, protection against pests and prevention of plant diseases. preservation, protection and improvement of stock and prevention of animal diseases; veterinary training and practice. pounds and the prevention of cattle trespass. water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power subject to the provisions of entry 56 of list i. land, that is to say, rights in or over land, land tenures including the relation of landlord and tenant, and the collection of rents; transfer and alienation of agricultural land; land improvement and agricultural loans; colonization. [omitted by s. 57, ibid., (w.e.f. 3-1-1977).] [omitted by s. 57, ibid., (w.e.f. 3-1-1977).] fisheries. courts of wards subject to the provisions of entry 34 of list i; encumbered and attached estates. regulation of mines and mineral development subject to the provisions of list i with respect to regulation and development under the control of the union. industries subject to the provisions of 660entries 7 and 52 of list i. gas and gas-works. trade and commerce within the state subject to the provisions of entry 33 of list iii. production, supply and distribution of goods subject to the provisions of entry 33 of list iii. markets and fairs. [omitted by the constitution (forty-second amendment) act, 1976, s. 57 (w.e.f. 3-1-1977).] money-lending and money-lenders; relief of agricultural indebtedness. inns and inn-keepers. incorporation, regulation and winding up of corporations, other than those specified in list i, and universities; unincorporated trading, literary, scientific, religious and other societies and associations; co-operative societies. theatres and dramatic performances; cinemas subject to the provisions of entry 60 of list i; sports, entertainments and amusements. betting and gambling. works, lands and buildings vested in or in the possession of the state. [omitted by the constitution (seventh amendment) act, 1956, s. 26.] elections to the legislature of the state subject to the provisions of any law made by parliament. salaries and allowances of members of the legislature of the state, of the speaker and deputy speaker of the legislative assembly and, if there is a legislative council, of the chairman and deputy chairman thereof. powers, privileges and immunities of the legislative assembly and of the members and the committees thereof, and, if there is a legislative council, of that council and of the members and the committees thereof; enforcement of attendance of persons for giving evidence or producing documents before committees of the legislature of the state. salaries and allowances of ministers for the state. state public services; state public service commission. state pensions, that is to say, pensions payable by the state or out of the consolidated fund of the state. public debt of the state. treasure trove. land revenue, including the assessment and collection of revenue, the maintenance of land records, survey for revenue purposes and records of rights, and alienation of revenues. taxes on agricultural income. duties in respect of succession to agricultural land. estate duty in respect of agricultural land. taxes on lands and buildings. taxes on mineral rights subject to any limitations imposed by parliament by law relating to mineral development. duties of excise on the following goods manufactured or produced in the state and countervailing duties at the same or lower rates on similar goods manufactured or produced elsewhere in india:alcoholic liquors for human consumption; opium, indian hemp and other narcotic drugs and narcotics, but not including medicinal and toilet preparations containing alcohol or any substance included in sub paragraph (b) of this entry. [omitted by the constitution (one hundred and first amendment) act, 2016] taxes on the consumption or sale of electricity. taxes on the sale of petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas, aviation turbine fuel and alcoholic liquor for human consumption, but not including sale in the course of inter-state trade or commerce or sale in the course of international trade or commerce of such goods. [omitted by the constitution (one hundred and first amendment) act, 2016] taxes on goods and passengers carried by road or on inland waterways. taxes on vehicles, whether mechanically propelled or not, suitable for use on roads, including tramcars subject to the provisions of entry 35 of list iii. taxes on animals and boats. tolls. taxes on professions, trades, callings and employments. capitation taxes. taxes on entertainments and amusements to the extent levied and collected by a panchayat or a municipality or a regional council or a district council. rates of stamp duty in respect of documents other than those specified in the provisions of list i with regard to rates of stamp duty. offences against laws with respect to any of the matters in this list. jurisdiction and powers of all courts, except the supreme court, with respect to any of the matters in this list. fees in respect of any of the matters in this list, but not including fees taken in any court. list iii. concurrent list criminal law, including all matters included in the indian penal code at the commencement of this constitution but excluding offences against laws with respect to any of the matters specified in list i or list ii and excluding the use of naval, military or air forces or any other armed forces of the union in aid of the civil power. criminal procedure, including all matters included in the code of criminal procedure at the commencement of this constitution. preventive detention for reasons connected with the security of a state, the maintenance of public order, or the maintenance of supplies and services essential to the community; persons subjected to such detention. removal from one state to another state of prisoners, accused persons and persons subjected to preventive detention for reasons specified in entry 3 of this list. marriage and divorce; infants and minors; adoption; wills, intestacy and succession; joint family and partition; all matters in respect of which parties in judicial proceedings were immediately before the commencement of this constitution subject to their personal law. transfer of property other than agricultural land; registration of deeds and documents. contracts, including partnership, agency, contracts of carriage, and other special forms or contracts, but not including contracts relating to agricultural land. actionable wrongs. bankruptcy and insolvency. trust and trustees. administrators-general and official trustees. administration of justice; constitution and organisation of all courts, except the supreme court and the high courts. evidence and oaths; recognition of laws, public acts and records, and judicial proceedings. civil procedure, including all matters included in the code of civil procedure at the commencement of this constitution, limitation and arbitration. contempt of court, but not including contempt of the supreme court. vagrancy; nomadic and migratory tribes. lunacy and mental deficiency, including places for the reception or treatment of lunatics and mental deficients. prevention of cruelty to animals. forests. protection of wild animals and birds. adulteration of foodstuffs and other goods. drugs and poisons, subject to the provisions of entry 59 of list i with respect to opium. economic and social planning. population control and family planning. commercial and industrial monopolies, combines and trusts. trade unions; industrial and labour disputes. social security and social insurance; employment and unemployment. welfare of labour including conditions of work, provident funds, employers' liability, workmen's compensation, invalidity and old age pensions and maternity benefits. education, including technical education, medical education and universities, subject to the provisions of entries 63, 64, 65 and 66 of list i; vocational and technical training of labour. legal, medical and other professions. relief and rehabilitation of persons displaced from their original place of residence by reason of the setting up of the dominions of india and pakistan. charities and charitable institutions, charitable and religious endowments and religious institutions. prevention of the extension from one state to another of infectious or contagious diseases or pests affecting men, animals or plants. vital statistics including registration of births and deaths. ports other than those declared by or under law made by parliament or existing law to be major ports. shipping and navigation on inland waterways as regards mechanically propelled vessels, and the rule of the road on such waterways, and the carriage of passengers and goods on inland waterways subject to the provisions of list i with respect to national waterways. trade and commerce in, and the production, supply and distribution of,the products of any industry where the control of such industry by the union is declared by parliament by law to be expedient in the public interest, and imported goods of the same kind as such products; foodstuffs, including edible oilseeds and oils; cattle fodder, including oilcakes and other concentrates; raw cotton, whether ginned or unginned, and cotton seed; and raw jute. weights and measures except establishment of standards. price control. mechanically propelled vehicles including the principles on which taxes on such vehicles are to be levied. factories. boilers. electricity. newspapers, books and printing presses. archaeological sites and remains other than those 670declared by or under law made by parliament to be of national importance. custody, management and disposal of property (including agricultural land) declared by law to be evacuee property. acquisition and requisitioning of property. recovery in a state of claims in respect of taxes and other public demands, including arrears of land-revenue and sums recoverable as such arrears, arising outside that state. stamp duties other than duties or fees collected by means of judicial stamps, but not including rates of stamp duty. inquiries and statistics for the purposes of any of the matters specified in list ii or list iii. jurisdiction and powers of all courts, except the supreme court, with respect to any of the matters in this list. fees in respect of any of the matters in this list, but not including fees taken in any court. eighth schedule. languages (articles 344(1) and 351) assamese. bengali. bodo. dogri gujarati. hindi. kannada. kashmiri. konkani. maithili malayalam. manipuri. marathi. nepali. odia. punjabi. sanskrit. santhali. sindhi. tamil. telugu. urdu. ninth schedule. (article 31b) the bihar land reforms act, 1950 (bihar act xxx of 1950). the bombay tenancy and agricultural lands act, 1948 (bombay act lxvii of 1948). the bombay maleki tenure abolition act, 1949 (bombay act lxi of 1949). the bombay taluqdari tenure abolition act, 1949 (bombay act lxii of 1949). the panch mahals mehwassi tenure abolition act, 1949 (bombay act lxiii of 1949). the bombay khoti abolition act, 1950 (bombay act vi of 1950). the bombay paragana and kulkarni watan abolition act, 1950 (bombay act lx of 1950). the madhya pradesh abolition of proprietary rights (estates, mahals, alienated lands) act, 1950 (madhya pradesh act i of 1951). the madras estates (abolition and conversion into ryotwari) act, 1948 (madras act xxvi of 1948). the madras estates (abolition and conversion into ryotwari) amendment act, 1950 (madras act i of 1950). the uttar pradesh zamindari abolition and land reforms act, 1950 (uttar pradesh act i of 1951). the hyderabad (abolition of jagirs) regulation, 1358f (no. lxix of 1358, fasli). the hyderabad jagirs (commutation) regulation, 1359f (no. xxv of 1359, fasli). the bihar displaced persons rehabilitation (acquisition of land) act, 1950 (bihar act xxxviii of 1950). the united provinces land acquisition (rehabilitation of refugees) act, 1948 (u.p. act xxvi of 1948). the resettlement of displaced persons (land acquisition) act, 1948 (act lx of 1948). sections 52a to 52g of the insurance act, 1938 (act iv of 1938), as inserted by section 42 of the insurance (amendment) act, 1950 (act xlvii of 1950). the railway companies (emergency provisions) act, 1951 (act li of 1951). chapter iii-a of the industries (development and regulation) act, 1951 (act lxv of 1951), as inserted by section 13 of the industries (development and regulation) amendment act, 1953 (act xxvi of 1953). the west bengal land development and planning act, 1948 (west bengal act xxi of 1948), as amended by west bengal act xxix of 1951. the andhra pradesh ceiling on agricultural holdings act, 1961 andhra pradesh act x of 1961). the andhra pradesh (telangana area) tenancy and agricultural lands (validation) act, 1961 (andhra pradesh act xxi of 1961). the andhra pradesh (telangana area) ijara and kowli land cancellation of irregular pattas and abolition of concessional assessment act, 1961 (andhra pradesh act xxxvi of 1961). the assam state acquisition of lands belonging to religious or charitable institution of public nature act, 1959 (assam act ix of 1961). the bihar land reforms (amendment) act, 1953 (bihar act xx of 1954). the bihar land reforms (fixation of ceiling area and acquisition of surplus land) act, 1961 (bihar act xii of 1962). (except section 28 of this act). the bombay taluqdari tenure abolition (amendment) act, 1954 (bombay act i of 1955). the bombay taluqdari tenure abolition (amendment) act, 1957 (bombay act xviii of 1958). the bombay inams (kutch area) abolition act, 1958 (bombay act xcviii of 1958). the bombay tenancy and agricultural lands (gujarat amendment) act, 1960 (gujarat act xvi of 1960). the gujarat agricultural lands ceiling act, 1960 (gujarat act xxvi of 1961). the sagbara and mehwassi estates (proprietary rights abolition, etc.) regulation, 1962 (gujarat regulation i of 1962). the gujarat surviving alienations abolition act, 1963 (gujarat act xxxiii of 1963), except in so far as this act relates to an alienation referred to in sub-clause (d) of clause (3) of section 2 thereof. the maharashtra agricultural lands (ceiling on holdings) act, 1961 (maharashtra act xxvii of 1961). the hyderabad tenancy and agricultural lands (re-enactment. validation and further amendment) act, 1961 (maharashtra act xlv of 1961). the hyderabad tenancy and agricultural lands act 1950 (hyderabad act xxi of 1950). the jenmikaram payment (abolition) act, 1960 (kerala act iii of 1961). the kerala land tax act, 1961 (kerala act xiii of 1961). the kerala land reforms act, 1963 (kerala act i of 1964). the madhya pradesh land revenue code, 1959 (madhya pradesh act xx of 1959). the madhya pradesh ceiling on agricultural holding act, 1960 (madhya pradesh act xx of 1960). the madras cultivating tenants protection act, 1955 (madras act xxv of 1955). the madras cultivating tenants (payment of fair rent) act, 1956 (madras act xxiv of 1956). the madras occupants of kudiyiruppu (protection from eviction) act, 1961 (madras act xxxviii of 1961). the madras public trusts (regulation of administration of agricultural lands) act, 1961 (madras act lvii of 1961). the madras land reforms (fixation of ceiling on land) act, 1961 (madras act lviii of 1961). the mysore tenancy act, 1952 (mysore act xiii of 1952). the coorg tenants act, 1957 (mysore act xiv of 1957). the mysore village offices abolition act, 1961 (mysore act xiv of 1961). the hyderabad tenancy and agricultural lands (validation) act, 1961 (mysore act xxxvi of 1961). the mysore land reforms act, 1961 (mysore act x of 1962). the orissa land reforms act, 1960 (orissa act xvi of 1960). the orissa merged territories (village offices abolition) act, 1963 (orissa act x of 1963). the punjab security of land tenures act, 1953 (punjab act x of 1953). the rajasthan tenancy act, 1955 (rajasthan act iii of 1955). the rajasthan zamindari and biswedari abolition act, 1959 (rajasthan act viii of 1959). the kumaun and uttarakhand zamindari abolition and land reforms act, 1960 (uttar pradesh act xvii of 1960). the uttar pradesh imposition of ceiling on land holdings act, 1960 (uttar pradesh act i of 1961). the west bengal estates acquisition act, 1953 (west bengal act i of 1954). the west bengal land reforms act, 1955 (west bengal act x of 1956). the delhi land reforms act, 1954 (delhi act viii of 1954). the delhi land holdings (ceiling) act, 1960 (central act 24 of 1960) the manipur land revenue and land reforms act, 1960 (central act 33 of 1960) the tripura land revenue and land reforms act, 1960 (central act 43 of 1960) the kerala land reforms (amendment) act, 1969 (kerala act 35 of 1969) the kerala land reforms (amendment) act, 1971 (kerala act 25 of 1971). the andhra pradesh land reforms (ceiling on agricultural holdings) act, 1973 (andhra pradesh act 1 of 1973) the bihar land reforms (fixation of ceiling area and acquisition of surplus land) (amendment) act, 1972 (bihar act i of 1973) the bihar land reforms (fixation of ceiling area and acquisition of surplus land) (amendment) act, 1973 (bihar act ix of 1973). the bihar land reforms (amendment) act, 1972 (bihar act v of 1972) the gujarat agricultural lands ceiling (amendment) act, 1972 (gujarat act 2 of 1974) the haryana ceiling on land holdings act, 1972 (haryana act 26 of 1972) the himachal pradesh ceiling on land holdings act, 1972 (himachal pradesh act 19 of 1973) the kerala land reforms (amendment) act, 1972 (kerala act 17 of 1972) the madhya pradesh ceiling on agricultural holdings (amendment) act, 1972 (madhya pradesh act 12 of 1974) the madhya pradesh ceiling on agricultural holdings (second amendment) act, 1972 (madhya pradesh act 13 of 1974). the mysore land reforms (amendment) act, 1973 (karnataka act 1 of 1974). the punjab land reforms act, 1972 (punjab act 10 of 1973). the rajasthan imposition of ceiling on agricultural holdings act, 1973 (rajasthan act 11 of 1973). the gudalur janmam estates (abolition and conversion into ryotwari) act, 1969 (tamil nadu act 24 of 1969). the west bengal land reforms (amendment) act, 1972 (west bengal act xii of 1972) the west bengal estates acquisition (amendment) act, 1964 (west bengal act xxii of 1964). the west bengal estates acquisition (second amendment) act, 1973 (west bengal act xxxiii of 1973). the bombay tenancy and agricultural lands (gujarat amendment) act, 1972 (gujarat act 5 of 1973). the orissa land reforms (amendment) act, 1974 (orissa act 9 of 1974). the tripura land revenue and land reforms (second amendment) act, 1974 (tripura act 7 of 1974). [omitted by the constitution (forty-fourth amendment) act, 1978, s. 44 (w.e.f. 20-6-1979).] the industries (development and regulation) act, 1951 (central act 65 of 1951) the requisitioning and acquisition of immovable property act, 1952 (central act 30 of 1952). the mines and minerals (regulation and development) act, 1957 (central act 67 of 1957) the monopolies and restrictive trade practices act, 1969 (central act 54 of 1969). [omitted by the constitution (forty-fourth amendment) act, 1978, s. 44 (w.e.f. 20-6-1979).] the coking coal mines (emergency provisions) act, 1971 (central act 64 of 1971). the coking coal mines (nationalisation) act, 1972 (central act 36 of 1972). the general insurance business (nationalisation) act, 1972 (central act 57 of 1972). the indian copper corporation (acquisition of undertaking) act, 1972 (central act 58 of 1972). the sick textile undertakings (taking over of management) act, 1972 (central act 72 of 1972). the coal mines (taking over of management) act, 1973 (central act 15 of 1973). the coal mines (nationalisation) act, 1973 (central act 26 of 1973). the foreign exchange regulation act, 1973 (central act 46 of 1973). the alcock ashdown company limited (acquisition of undertakings) act, 1973 (central act 56 of 1973). the coal mines (conservation and development) act, 1974 (central act 28 of 1974). the additional emoluments (compulsory deposit) act, 1974 (central act 37 of 1974). the conservation of foreign exchange and prevention of smuggling activities act, 1974 (central act 52 of 1974). the sick textile undertakings (nationalisation) act, 1974 (central act 57 of 1974). the maharashtra agricultural lands (ceiling on holdings) (amendment) act, 1964 (maharashtra act xvi of 1965). the maharashtra agricultural lands (ceiling on holdings) (amendment) act, 1965 (maharashtra act xxxii of 1965). the maharashtra agricultural lands (ceiling on holdings) (amendment) act, 1968 (maharashtra act xvi of 1968). the maharashtra agricultural lands (ceiling on holdings) (second amendment) act, 1968 (maharashtra act xxxiii of 1968). the maharashtra agricultural lands (ceiling on holdings) (amendment) act, 1969 (maharashtra act xxxvii of 1969). the maharashtra agricultural lands (ceiling on holdings) (second amendment) act, 1969 (maharashtra act xxxviii of 1969). the maharashtra agricultural lands (ceiling on holdings) (amendment) act, 1970 (maharashtra act xxvii of 1970). the maharashtra agricultural lands (ceiling on holdings) (amendment) act, 1972 (maharashtra act xiii of 1972). the maharashtra agricultural lands (ceiling on holdings) (amendment) act, 1973 (maharashtra act l of 1973). the orissa land reforms (amendment) act, 1965 (orissa act 13 of 1965). the orissa land reforms (amendment) act, 1966 (orissa act 8 of 1967). the orissa land reforms (amendment) act, 1967 (orissa act 13 of 1967). the orissa land reforms (amendment) act, 1969 (orissa act 13 of 1969). the orissa land reforms (amendment) act, 1970 (orissa act 18 of 1970). the uttar pradesh imposition of ceiling on land holdings (amendment) act, 1972 (uttar pradesh act 18 of 1973). the uttar pradesh imposition of ceiling on land holdings (amendment) act, 1974 (uttar pradesh act 2 of 1975). the tripura land revenue and land reforms (third amendment) act, 1975 (tripura act 3 of 1975). the dadra and nagar haveli land reforms regulation, 1971 (3 of 1971). the dadra and nagar haveli land reforms (amendment) regulation, 1973 (5 of 1973). section 66a and chapter iva of the motor vehicles act, 1939 (central act 4 of 1939). the essential commodities act, 1955 (central act 10 of 1955). the smugglers and foreign exchange manipulators (forfeiture of property) act, 1976 (central act 13 of 1976). the bonded labour system (abolition) act, 1976 (central act 19 of 1976). the conservation of foreign exchange and prevention of smuggling activities (amendment) act, 1976 (central act 20 of 1976). [omitted by the constitution (forty-fourth amendment) act, 1978, s. 44 (w.e.f. 20.6.1979).] the levy sugar price equalisation fund act, 1976 (central act 31 of 1976). the urban land (ceiling and regulation) act, 1976 (central act 33 of 1976). the departmentalisation of union accounts (transfer of personnel) act, 1976 (central act 59 of 1976). the assam fixation of ceiling on land holdings act, 1956 (assam act i of 1957). the bombay tenancy and agricultural lands (vidarbha region) act, 1958 (bombay act xcix of 1958). the gujarat private forests (acquisition) act, 1972 (gujarat act 14 of 1973). the haryana ceiling on land holdings (amendment) act, 1976 (haryana act 17 of 1976). the himachal pradesh tenancy and land reforms act, 1972 (himachal pradesh act 8 of 1974). the himachal pradesh village common lands vesting and utilization act, 1974 (himachal pradesh act 18 of 1974). the karnataka land reforms (second amendment and miscellaneous provisions) act, 1974 (karnataka act 31 of 1974). the karnataka land reforms (second amendment) act, 1976 (karnataka act 27 of 1976). the kerala prevention of eviction act, 1966 (kerala act 12 of 1966). the thiruppuvaram payment (abolition) act, 1969 (kerala act 19 of 1969). the sreepadam lands enfranchisement act, 1969 (kerala act 20 of 1969). the sree pandaravaka lands (vesting and enfranchisement) act, 1971 (kerala act 20 of 1971). the kerala private forests (vesting and assignment) act, 1971 (kerala act 26 of 1971). 147. the kerala agricultural workers act, 1974 (kerala act 18 of 1974). the kerala cashew factories (acquisition) act, 1974 (kerala act 29 of 1974). the kerala chitties act, 1975 (kerala act 23 of 1975). the kerala scheduled tribes (restriction on transfer of lands and restoration of alienated lands) act, 1975 (kerala act 31 of 1975). the kerala land reforms (amendment) act, 1976 (kerala act 15 of 1976). the kanam tenancy abolition act, 1976 (kerala act 16 of 1976). the madhya pradesh ceiling on agricultural holdings (amendment) act, 1974 (madhya pradesh act 20 of 1974). the madhya pradesh ceiling on agricultural holdings (amendment) act, 1975 (madhya pradesh act 2 of 1976). the west khandesh mehwassi estates (proprietary rights abolition, etc.) regulation, 1961 (maharashtra regulation 1 of 1962). the maharashtra restoration of lands to scheduled tribes act, 1974 (maharashtra act xiv of 1975). the maharashtra agricultural lands (lowering of ceiling on holdings) and (amendment) act, 1972 (maharashtra act xxi of 1975). the maharashtra private forests (acquisition) act, 1975 (maharashtra act xxix of 1975). the maharashtra agricultural lands (lowering of ceiling on holdings) and (amendment) amendment act, 1975 (maharashtra act xlvii of 1975). the maharashtra agricultural lands (ceiling on holdings) (amendment) act, 1975 (maharashtra act ii of 1976). the orissa estates abolition act, 1951 (orissa act i of 1952). the rajasthan colonisation act, 1954 (rajasthan act xxvii of 1954). the rajasthan land reforms and acquisition of landownersestates act, 1963 (rajasthan act 11 of 1964). the rajasthan imposition of ceiling on agricultural holdings (amendment) act, 1976 (rajasthan act 8 of 1976). the rajasthan tenancy (amendment) act, 1976 (rajasthan act 12 of 1976) the tamil nadu land reforms (reduction of ceiling on land) act, 1970 (tamil nadu act 17 of 1970). the tamil nadu land reforms (fixation of ceiling on land) amendment act, 1971 (tamil nadu act 41 of 1971). the tamil nadu land reforms (fixation of ceiling on land) amendment act, 1972 (tamil nadu act 10 of 1972). the tamil nadu land reforms (fixation of ceiling on land) second amendment act, 1972 (tamil nadu act 20 of 1972). the tamil nadu land reforms (fixation of ceiling on land) third amendment act, 1972 (tamil nadu act 37 of 1972). the tamil nadu land reforms (fixation of ceiling on land) fourth amendment act, 1972 (tamil nadu act 39 of 1972). the tamil nadu land reforms (fixation of ceiling on land) sixth amendment act, 1972 (tamil nadu act 7 of 1974). the tamil nadu land reforms (fixation of ceiling on land) fifth amendment act, 1972 (tamil nadu act 10 of 1974). the tamil nadu land reforms (fixation of ceiling on land) amendment act, 1974 (tamil nadu act 15 of 1974). the tamil nadu land reforms (fixation of ceiling on land) third amendment act, 1974 (tamil nadu act 30 of 1974). the tamil nadu land reforms (fixation of ceiling on land) second amendment act, 1974 (tamil nadu act 32 of 1974). the tamil nadu land reforms (fixation of ceiling on land) amendment act, 1975 (tamil nadu act 11 of 1975). the tamil nadu land reforms (fixation of ceiling on land) second amendment act, 1975 (tamil nadu act 21 of 1975). amendments made to the uttar pradesh zamindari abolition and land reforms act, 1950 (uttar pradesh act 1 of 1951) by the uttar pradesh land laws (amendment) act, 1971 (uttar pradesh act, 21 of 1971) and uttar pradesh land laws (amendment) act, 1974 (uttar pradesh act 34 of 1974). the uttar pradesh imposition of ceiling on land holdings (amendment) act, 1976 (uttar pradesh act 20 of 1976). the west bengal land reforms (second amendment) act, 1972 (west bengal act xxviii of 1972). the west bengal restoration of alienated land act, 1973 (west bengal act xxiii of 1973). the west bengal land reforms (amendment) act, 1974 (west bengal act xxxiii of 1974). the west bengal land reforms (amendment) act, 1975 (west bengal act xxiii of 1975). the west bengal land reforms (amendment) act, 1976 (west bengal act xii of 1976). the delhi land holdings (ceiling) amendment act, 1976 (central act 15 of 1976). the goa, daman and diu mundkars (protection from eviction) act, 1975 (goa, daman and diu act 1 of 1976). the pondicherry land reforms (fixation of ceiling on land) act, 1973 (pondicherry act 9 of 1974). the assam (temporarily settled areas) tenancy act, 1971 (assam act xxiii of 1971). the assam (temporarily settled areas) tenancy (amendment) act, 1974 (assam act xviii of 1974). the bihar land reforms (fixation of ceiling area and acquisition of surplus land) (amendment) amending act, 1974 (bihar act 13 of 1975). the bihar land reforms (fixation of ceiling area and acquisition of surplus land) (amendment) act, 1976 (bihar act 22 of 1976). the bihar land reforms (fixation of ceiling area and acquisition of surplus land) (amendment) act, 1978 (bihar act vii of 1978). the land acquisition (bihar amendment) act, 1979 (bihar act 2 of 1980). the haryana ceiling on land holdings (amendment) act, 1977 (haryana act 14 of 1977). the tamil nadu land reforms (fixation of ceiling on land) amendment act, 1978 (tamil nadu act 25 of 1978). the tamil nadu land reforms (fixation of ceiling on land) amendment act, 1979 (tamil nadu act 11 of 1979). the uttar pradesh zamindari abolition laws (amendment) act, 1978 (uttar pradesh act 15 of 1978). the west bengal restoration of alienated land (amendment) act, 1978 (west bengal act xxiv of 1978). the west bengal restoration of alienated land (amendment) act, 1980 (west bengal act lvi of 1980). the goa, daman and diu agricultural tenancy act, 1964 (goa, daman and diu act 7 of 1964). the goa, daman and diu agricultural tenancy (fifth amendment) act, 1976 (goa, daman and diu act 17 of 1976). the andhra pradesh scheduled areas land transfer regulation, 1959 (andhra pradesh regulation 1 of 1959). the andhra pradesh scheduled areas laws (extension and amendment) regulation, 1963 (andhra pradesh regulation 2 of 1963). the andhra pradesh scheduled areas land transfer (amendment) regulation, 1970 (andhra pradesh regulation 1 of 1970). the andhra pradesh scheduled areas land transfer (amendment) regulation, 1971 (andhra pradesh regulation 1 of 1971). the andhra pradesh scheduled areas land transfer (amendment) regulation, 1978 (andhra pradesh regulation 1 of 1978). the bihar tenancy act, 1885 (bihar act 8 of 1885). the chota nagpur tenancy act, 1908 (bengal act 6 of 1908) (chapter viiisections 46, 47, 48, 48a and 49; chapter x-sections 71, 71a and 71b; and chapter xviii-sections 240, 241 and 242). the santhal parganas tenancy (supplementary provisions) act, 1949 (bihar act 14 of 1949) except section 53. the bihar scheduled areas regulation, 1969 (bihar regulation 1 of 1969). the bihar land reforms (fixation of ceiling area and acquisition of surplus land) (amendment) act, 1982 (bihar act 55 of 1982). the gujarat devasthan inams abolition act, 1969 (gujarat act 16 of 1969). the gujarat tenancy laws (amendment) act, 1976 (gujarat act 37 of 1976). the gujarat agricultural lands ceiling (amendment) act, 1976 (president's act 43 of 1976). the gujarat devasthan inams abolition (amendment) act, 1977 (gujarat act 27 of 1977). the gujarat tenancy laws (amendment) act, 1977 (gujarat act 30 of 1977). the bombay land revenue (gujarat second amendment) act, 1980 (gujarat act 37 of 1980). the bombay land revenue code and land tenure abolition laws (gujarat amendment) act, 1982 (gujarat act 8 of 1982). the himachal pradesh transfer of land (regulation) act, 1968 (himachal pradesh act 15 of 1969). the himachal pradesh transfer of land (regulation) (amendment) act, 1986 (himachal pradesh act 16 of 1986). the karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) act, 1978 (karnataka act 2 of 1979). the kerala land reforms (amendment) act, 1978 (kerala act 13 of 1978). the kerala land reforms (amendment) act, 1981 (kerala act 19 of 1981). the madhya pradesh land revenue code (third amendment) act, 1976 (madhya pradesh act 61 of 1976). the madhya pradesh land revenue code (amendment) act, 1980 (madhya pradesh act 15 of 1980). the madhya pradesh akrishik jot uchchatam seema adhiniyam, 1981 (madhya pradesh act 11 of 1981). the madhya pradesh ceiling on agricultural holdings (second amendment) act, 1976 (madhya pradesh act 1 of 1984). the madhya pradesh ceiling on agricultural holdings (amendment) act, 1984 (madhya pradesh act 14 of 1984). the madhya pradesh ceiling on agricultural holdings (amendment) act, 1989 (madhya pradesh act 8 of 1989). the maharashtra land revenue code, 1966 (maharashtra act 41 of 1966), sections 36, 36a and 36b. the maharashtra land revenue code and the maharashtra restoration of lands to scheduled tribes (second amendment act, 1976 (maharashtra act 30 of 1977). the maharashtra abolition of subsisting proprietary rights to mines and minerals in certain lands act, 1985 (maharashtra act 16 of 1985). the orissa scheduled areas transfer of immovable property (by scheduled tribes) regulation, 1956 (orissa regulation 2 of 1956). the orissa land reforms (second amendment) act, 1975 (orissa act 29 of 1976). the orissa land reforms (amendment) act, 1976 (orissa act 30 of 1976). the orissa land reforms (second amendment) act, 1976, (orissa act 44 of 1976). the rajasthan colonisation (amendment) act, 1984 (rajasthan act 12 of 1984). the rajasthan tenancy (amendment) act, 1984 (rajasthan act 13 of 1984). the rajasthan tenancy (amendment) act, 1987 (rajasthan act 21 of 1987). the tamil nadu land reforms (fixation of ceiling on land) second amendment act, 1979 (tamil nadu act 8 of 1980). the tamil nadu land reforms (fixation of ceiling on land) amendment act, 1980 (tamil nadu act 21 of 1980). the tamil nadu land reforms (fixation of ceiling on land) amendment act, 1981 (tamil nadu act 59 of 1981). the tamil nadu land reforms (fixation of ceiling on land) second amendment act, 1983 (tamil nadu act 2 of 1984). the uttar pradesh land laws (amendment) act, 1982 (uttar pradesh act 20 of 1982). the west bengal land reforms (amendment) act, 1965 (west bengal act 18 of 1965) the west bengal land reforms (amendment) act, 1966 (west bengal act 11 of 1966). the west bengal land reforms (second amendment) act, 1969 (west bengal act 23 of 1969). the west bengal estate acquisition (amendment) act, 1977 (west bengal act 36 of 1977). the west bengal land holding revenue act, 1979 (west bengal act 44 of 1979). the west bengal land reforms (amendment) act, 1980 (west bengal act 41 of 1980). the west bengal land holding revenue (amendment) act, 1981 (west bengal act 33 of 1981). the calcutta thikka tenancy (acquisition and regulation) act, 1981 (west bengal act 37 of 1981). the west bengal land holding revenue (amendment) act, 1982 (west bengal act 23 of 1982). the calcutta thikka tenancy (acquisition and regulation) (amendment) act, 1984 (west bengal act 41 of 1984). the mahe land reforms act, 1968 (pondicherry act 1 of 1968). the mahe land reforms (amendment) act, 1980 (pondicherry act 1 of 1981). the tamil nadu backward classes, scheduled castes and scheduled tribes (reservation of seats in educational institutions and of appointments or posts in the services under the state) act, 1993 (tamil nadu act 45 of 1994). the bihar privileged persons homestead tenancy act, 1947 (bihar act 4 of 1948). the bihar consolidation of holdings and prevention of fragmentation act, 1956 (bihar act 22 of 1956). the bihar consolidation of holdings and prevention of fragmentation (amendment) act, 1970 (bihar act 7 of 1970). the bihar privileged persons homestead tenancy (amendment) act, 1970 (bihar act 9 of 1970). the bihar consolidation of holdings and prevention of fragmentation (amendment) act, 1973 (bihar act 27 of 1975). the bihar consolidation of holdings and prevention of fragmentation (amendment) act, 1981 (bihar act 35 of 1982). the bihar land reforms (fixation of ceiling area and acquisition of surplus land) (amendment) act, 1987 (bihar act 21 of 1987). the bihar privileged persons homestead tenancy (amendment) act, 1989 (bihar act 11 of 1989). the bihar land reforms (amendment) act, 1989 (bihar act 11 of 1990). the karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) (amendment) act, 1984 (karnataka act 3 of 1984). the kerala land reforms (amendment) act, 1989 (kerala act 16 of 1989). the kerala land reforms (second amendment) act, 1989 (kerala act 2 of 1990). the orissa land reforms (amendment) act, 1989 (orissa act 9 of 1990). the rajasthan tenancy (amendment) act, 1979 (rajasthan act 16 of 1979). the rajasthan colonisation (amendment) act, 1987 (rajasthan act 2 of 1987). the rajasthan colonisation (amendment) act, 1989 (rajasthan act 12 of 1989). the tamil nadu land reforms (fixation of ceiling on land) amendment act, 1983 (tamil nadu act 3 of 1984). the tamil nadu land reforms (fixation of ceiling on land) amendment act, 1986 (tamil nadu act 57 of 1986). the tamil nadu land reforms (fixation of ceiling on land) second amendment act, 1987 (tamil nadu act 4 of 1988). the tamil nadu land reforms (fixation of ceiling on land) (amendment) act, 1989 (tamil nadu act 30 of 1989). the west bengal land reforms (amendment) act, 1981 (west bengal act 50 of 1981). the west bengal land reforms (amendment) act, 1986 (west bengal act 5 of 1986). the west bengal land reforms (second amendment) act, 1986 (west bengal act 19 of 1986). the west bengal land reforms (third amendment) act, 1986 (west bengal act 35 of 1986). the west bengal land reforms (amendment) act, 1989 (west bengal act 23 of 1989). the west bengal land reforms (amendment) act, 1990 (west bengal act 24 of 1990). the west bengal land reforms tribunal act, 1991 (west bengal act 12 of 1991). explanation any acquisition made under the rajasthan tenancy act, 1955 (rajasthan act iii of 1955), in contravention of the second proviso to clause (1) of article 31a shall, to the extent of the contravention, be void. tenth schedule. provisions as to disqualification on ground of defection (articles 102(2) and 191(2)) 1. interpretation in this schedule, unless the context otherwise requires,"house" means either house of parliament or the legislative assembly or, as the case may be, either house of the legislature of a state; "legislature party", in relation to a member of a house belonging to any political party in accordance with the provisions of paragraph 2 or paragraph 4, means the group consisting of all the members of that house for the time being belonging to that political party in accordance with the said provisions; "original political party", in relation to a member of a house, means the political party to which he belongs for the purposes of sub-paragraph (1) of paragraph 2; "paragraph" means a paragraph of this schedule. 2. disqualification on ground of defection subject to the provisions of paragraphs 4 and 5, a member of a house belonging to any political party shall be disqualified for being a member of the houseif he has voluntarily given up his membership of such political party; or if he votes or abstains from voting in such house contrary to any direction issued by the political party to which he belongs or by any person or authority authorised by it in this behalf, without obtaining, in either case, the prior permission of such political party, person or authority and such voting or abstention has not been condoned by such political party, person or authority within fifteen days from the date of such voting or abstention. explanation for the purposes of this sub-paragraph,an elected member of a house shall be deemed to belong to the political party, if any, by which he was set up as a candidate for election as such member; a nominated member of a house shall,where he is a member of any political party on the date of his nomination as such member, be deemed to belong to such political party; in any other case, be deemed to belong to the political party of which he becomes, or, as the case may be, first becomes, a member before the expiry of six months from the date on which he takes his seat after complying with the requirements of article 99 or, as the case may be, article 188. an elected member of a house who has been elected as such otherwise than as a candidate set up by any political party shall be disqualified for being a member of the house if he joins any political party after such election. a nominated member of a house shall be disqualified for being a member of the house if he joins any political party after the expiry of six months from the date on which he takes his seat after complying with the requirements of article 99 or, as the case may be, article 188. notwithstanding anything contained in the foregoing provisions of this paragraph, a person who, on the commencement of the constitution (fifty-second amendment) act, 1985, is a member of a house (whether elected or nominated as such) shall,where he was a member of a political party immediately before such commencement, be deemed, for the purposes of sub-paragraph (1) of this paragraph, to have been elected as a member of such house as a candidate set up by such political party; in any other case, be deemed to be an elected member of the house who has been elected as such otherwise than as a candidate set up by any political party for the purposes of sub-paragraph (2) of this paragraph or, as the case may be, be deemed to be a nominated member of the house for the purposes of sub-paragraph (3) of this paragraph. 3. disqualification on ground of defection not to apply in case of split [repealed] 4. disqualification on ground of defection not to apply in case of merger a member of a house shall not be disqualified under sub-paragraph (1) of paragraph 2 where his original political party merges with another political party and he claims that he and any other members of his original political partyhave become members of such other political party or, as the case may be, of a new political party formed by such merger; or have not accepted the merger and opted to function as a separate group, and from the time of such merger, such other political party or new political party or group, as the case may be, shall be deemed to be the political party to which he belongs for the purposes of sub-paragraph (1) of paragraph 2 and to be his original political party for the purposes of this sub-paragraph. for the purposes of sub-paragraph (1) of this paragraph, the merger of the original political party of a member of a house shall be deemed to have taken place if, and only if, not less than two-thirds of the members of the legislature party concerned have agreed to such merger. 5. exemption notwithstanding anything contained in this schedule, a person who has been elected to the office of the speaker or the deputy speaker of the house of the people or the deputy chairman of the council of states or the chairman or the deputy chairman of the legislative council of a state or the speaker or the deputy speaker of the legislative assembly of a state, shall not be disqualified under this schedule,if he, by reason of his election to such office, voluntarily gives up the membership of the political party to which he belonged immediately before such election and does not, so long as he continues to hold such office thereafter, rejoin that political party or become a member of another political party; or if he, having given up by reason of his election to such office his membership of the political party to which he belonged immediately before such election, rejoins such political party after he ceases to hold such office. 6. decision on questions as to disqualification on ground of defection if any question arises as to whether a member of a house has become subject to disqualification under this schedule, the question shall be referred for the decision of the chairman or, as the case may be, the speaker of such house and his decision shall be final: provided that where the question which has arisen is as to whether the chairman or the speaker of a house has become subject to such disqualification, the question shall be referred for the decision of such member of the house as the house may elect in this behalf and his decision shall be final. all proceedings under sub-paragraph (1) of this paragraph in relation to any question as to disqualification of a member of a house under this schedule shall be deemed to be proceedings in parliament within the meaning of article 122 or, as the case may be, proceedings in the legislature of a state within the meaning of article 212. 7. bar of jurisdiction of courts notwithstanding anything in this constitution, no court shall have any jurisdiction in respect of any matter connected with the disqualification of a member of a house under this schedule. 8. rules subject to the provisions of sub-paragraph (2) of this paragraph, the chairman or the speaker of a house may make rules for giving effect to the provisions of this schedule, and in particular, and without prejudice to the generality of the foregoing, such rules may provide forthe maintenance of registers or other records as to the political parties, if any, to which different members of the house belong; the report which the leader of a legislature party in relation to a member of a house shall furnish with regard to any condonation of the nature referred to in clause (b) of subparagraph (1) of paragraph 2 in respect of such member, the time within which and the authority to whom such report shall be furnished; the reports which a political party shall furnish with regard to admission to such political party of any members of the house and the officer of the house to whom such reports shall be furnished; and the procedure for deciding any question referred to in sub-paragraph (1) of paragraph 6 including the procedure for any inquiry which may be made for the purpose of deciding such question. the rules made by the chairman or the speaker of a house under sub-paragraph (1) of this paragraph shall be laid as soon as may be after they are made before the house for a total period of thirty days which may be comprised in one session or in two or more successive sessions and shall take effect upon the expiry of the said period of thirty days unless they are sooner approved with or without modifications or disapproved by the house and where they are so approved, they shall take effect on such approval in the form in which they were laid or in such modified form, as the case may be, and where they are so disapproved, they shall be of no effect. the chairman or the speaker of a house may, without prejudice to the provisions of article 105 or, as the case may be, article 194, and to any other power which he may have under this constitution direct that any wilful contravention by any person of the rules made under this paragraph may be dealt with in the same manner as a breach of privilege of the house. eleventh schedule. (article 243g) agriculture, including agricultural extension. land improvement, implementation of land reforms, land consolidation and soil conservation. minor irrigation, water management and watershed development. animal husbandry, dairying and poultry. fisheries. social forestry and farm forestry. minor forest produce. small scale industries, including food processing industries. khadi, village and cottage industries. rural housing. drinking water. fuel and fodder. roads, culverts, bridges, ferries, waterways and other means of communication. rural electrification, including distribution of electricity. non-conventional energy sources. poverty alleviation programme. education, including primary and secondary schools. technical training and vocational education. adult and non-formal education. libraries. cultural activities. markets and fairs. health and sanitation, including hospitals, primary health centres and dispensaries. family welfare. women and child development. social welfare, including welfare of the handicapped and mentally retarded. welfare of the weaker sections, and in particular, of the scheduled castes and the scheduled tribes. public distribution system. maintenance of community assets. twelfth schedule. (article 243w) urban planning including town planning. regulation of land-use and construction of buildings. planning for economic and social development. roads and bridges. water supply for domestic, industrial and commercial purposes. public health, sanitation conservancy and solid waste management. fire services. urban forestry, protection of the environment and promotion of ecological aspects. safeguarding the interests of weaker sections of society, including the handicapped and mentally retarded. slum improvement and upgradation. urban poverty alleviation. provision of urban amenities and facilities such as parks, gardens, playgrounds. promotion of cultural, educational and aesthetic aspects. burials and burial grounds; cremations, cremation grounds and electric crematoriums. cattle pounds; prevention of cruelty to animals. vital statistics including registration of births and deaths. public amenities including street lighting, parking lots, bus stops and public conveniences. regulation of slaughter houses and tanneries. magna carta 1297 preamble the great charter of the liberties of england, and of the liberties of the forest; confirmed by king edward, in the twenty-fifth year of his reign. edward by the grace of god king of england, lord of ireland, and duke of guyan, to all archbishops, bishops, &c. we have seen the great charter of the lord henry sometimes king of england, our father, of the liberties of england in these words: henry by the grace of god king of england, lord of ireland, duke of normandy and guyan, and earl of anjou, to all archbishops, bishops, abbots, priors, earls, barons, sheriffs, provosts, officers, and to all bailiffs, and other our faithful subjects, which shall see this present charter, greeting: know ye, that we, unto the honour of almighty god, and for the salvation of the souls of our progenitors and successors [kings of england,] to the advancement of holy church and amendment of our realm, of our meer and free will, have given and granted to all archbishops, bishops, abbots, priors, earls, barons, and to all [freemen] of this our realm, these liberties following, to be kept in our kingdom of england for ever. i. confirmation of liberties first, we have granted to god, and by this our present charter have confirmed, for us and our heirs for ever, that the church of england shall be free, and shall have all her whole rights and liberties inviolable. we have granted also, and given to all the freemen of our realm, for us and our heirs for ever, these liberties under-written, to have and to hold to them and their heirs, of us and our heirs for ever. ii-viii [repealed] ix. liberties of london, &c the city of london shall have all the old liberties and customs [which it hath been used to have]. moreover we will and grant, that all other cities, boroughs, towns, and the barons of the five ports, and all other ports, shall have all their liberties and free customs. x-xxviii [repealed] xxix. imprisonment, &c. contrary to law. administration of justice no freeman shall be taken or imprisoned, or be disseised of his freehold, or liberties, or free customs, or be outlawed, or exiled, or any other wise destroyed; nor will we not pass upon him, nor condemn him, but by lawful judgment of his peers, or by the law of the land. we will sell to no man, we will not deny or defer to any man either justice or right. xxx-xxxvii [repealed] closing text. general saving. observance of these liberties. subsidy, in respect of this charter and charter of the forest reserving to all archbishops, bishops, abbots, priors, templars, hospitallers, earls, barons, and all persons, as well spiritual as temporal, all their free liberties and free customs, which they have had in time passed. and all these customs and liberties aforesaid, which we have granted to be holden within this our realm, as much as appertaineth to us and our heirs, we shall observe; and all men of this our realm, as well spiritual as temporal, as much as in them is, shall observe the same against all persons, in like wise. and for this our gift and grant of these liberties, and of other contained in our charter of liberties of our forest, the archbishops, bishops, abbots, priors, earls, barons, knights, freeholders, and other our subjects, have given unto us the fifteenth part of all their moveables. and we have granted unto them on the other part, that neither we nor our heirs shall procure or do any thing whereby the liberties in this charter contained shall be infringed or broken. and if any thing be procured by any person contrary to the premises, it shall be had of no force nor effect. these being witnesses; lord b. archbishop of canterbury, e. bishop of london, j. bishop of bathe, p. of winchester, h. of lincoln, r. of salisbury, w. of rochester, w. of worcester, j. of ely, h. of hereford, r. of chichester, w. of exeter, bishops; the abbot of st. edmonds, the abbot of st. albans, the abbot of bello, the abbot of st. augustine’s in canterbury, the abbot of evesham, the abbot of westminster, the abbot of bourgh st. peter, the abbot of reding, the abbot of abindon, the abbot of malmsbury, the abbot of winchcomb, the abbot of hyde, the abbot of certesey, the abbot of sherburn, the abbot of cerne, the abbot of abbotebir, the abbot of middleton, the abbot of seleby, the abbot of cirencester; h. de burgh justice, h. earl of chester and lincoln, w. earl of salisbury, w. earl of warren, g. de clare earl of gloucester and hereford, w. de ferrars earl of derby, w. de mandeville earl of essex, h. de bygod earl of norfolk, w. earl of albemarle, h. earl of hereford, j. constable of chester, r. de ros, r. fitzwalter, r. de vyponte, w. de bruer, r. de muntefichet, p. fitzherbert, w. de aubenie, f. gresly, f. de breus, j. de monemue, j. fitzallen, h. de mortimer, w. de beauchamp, w. de st. john, p. de mauly, brian de lisle, thomas de multon, r. de argenteyn, g. de nevil, w. de mauduit, j. de balun, and others. we, ratifying and approving these gifts and grants aforesaid, confirm and make strong all the same for us and our heirs perpetually, and by the tenor of these presents do renew the same: willing and granting for us and our heirs, that this charter and all and singular his articles for ever shall be stedfastly, firmly, and inviolably observed; and if any article in the same charter contained yet hitherto peradventure hath not been kept we will and by authority royal command from henceforth firmly they be observed. in witness whereof we have caused these our letters patents to be made. t. edward our son at westminster, the twenty-eighth day of march in the twenty-eighth year of our reign. the petition of right 1628 preamble the peticion exhibited to his majestie by the lords spirituall and temporall and comons in this present parliament assembled concerning divers rights and liberties of the subjects: with the kings majesties royall aunswere thereunto in full parliament. to the kings most excellent majestie. i. reciting that by (25) 34 ed. i. st. 4. c. 1, by authority of parliament holden 25 ed. iii. and by other laws of this realm, the kings subjects should not be taxed but by consent in parliament humbly shew unto our soveraigne lord the king the lords spirituall and temporall and comons in parliament assembled, that whereas it is declared and enacted by a statute made in the tyme of the raigne of king edward the first comonly called statutum de tallagio non concedendo, that no tallage or ayde should be layd or levyed by the king or his heires in this realme without the good will and assent of the archbishopps bishopps earles barons knights burgesses and other the freemen of the comonaltie of this realme, and by authoritie of parliament holden in the five and twentith yeare of the raigne of king edward the third, it is declared and enacted, that from thenceforth no person should be compelled to make any loanes to the king against his will because such loanes were against reason and the franchise of the land, and by other lawes of this realme it is provided, that none should be charged by any charge or imposicion called a benevolence nor by such like charge by which the statutes before mencioned and other the good lawes and statutes of this realme your subjects have inherited this freedome that they should not be compelled to contribute to any taxe tallage ayde or other like charge not sett by comon consent in parliament. ii. and that commissions have of late issued on which proceedings have been had contrary to law yet neverthelesse of late divers comissions directed to sundry comissioners in severall counties with instruccions have issued, by meanes whereof your people have been in divers places assembled and required to lend certaine somes of mony unto your majestie, and many of them uppon their refusall soe to doe have had an oath administred unto them not warrantable by the lawes or statutes of this realme and have been constrayned to become bound to make apparance and give attendance before your privie councell and in other places; and others of them have been therefore imprisoned confined and sondry other waies molested and disquieted and divers other charges have been laid and levied upon your people in severall counties by lord lieutenants deputie lieutenants comissioners for musters justices of peace and others by comaund or direccion from your majestie or your privie councell against the lawes and free customes of the realme. iii. [repealed] iv. [repealed] v. [repealed] vi. and that soldiers have been dispersed in divers counties, and inhabitants compelled to receive them and whereas of late great companies of souldiers and marriners have been dispersed into divers counties of the realme, and the inhabitants against their wills have been compelled to receive them into their houses, and there to suffer them to sojourne against the lawes and customes of this realme and to the great grievance and vexacion of the people. vii. 25 e. iii. and that commissions have issued under the great seal for proceedings according to martial law and whereas alsoe by authoritie of parliament in the five and twentith yeare of the raigne of king edward the third it is declared and enacted that no man should be forejudged of life or limbe against the forme of the great charter and the lawe of the land, and by the said great charter, and other the lawes and statutes of this your realme no man ought to be adjudged to death but by the lawes established in this your realme, either by the customes of the same realme or by acts of parliament. and whereas no offendor of what kinde soever is exempted from the pceedings to be used and punishments to be inflicted by the lawes and statutes of this your realme, neverthelesse of late tyme divers comissions under your majesties great seale have issued forth, by which certaine persons have been assigned and appointed comissioners with power and authoritie to proceed within the land according to the justice of martiall lawe against such souldiers or marriners or other dissolute persons joyning with them as should comitt any murther robbery felony mutiny or other outrage or misdemeanor whatsoever, and by such sumary course and order as is agreeable to martiall lawe and as is used in armies in tyme of warr to proceed to the tryall and condemnacion of such offenders, and them to cause to be executed and putt to death according to the lawe martiall. by pretext whereof some of your majesties subjects have been by some of the said comissioners put to death, when and where, if by the lawes and statuts of the land they had deserved death, by the same lawes and statuts alsoe they might and by no other ought to have byn judged and executed. and alsoe sundrie greivous offendors by colour thereof clayming an exempcion have escaped the punishments due to them by the lawes and statutes of this your realme, by reason that divers of your officers and ministers of justic have unjustlie refused or forborne to proceed against such offendors according to the same lawes and statutes uppon pretence that the said offendors were punishable onelie by martiall law and by authoritie of such comissions as aforesaid. which comissions and all other of like nature are wholly and directlie contrary to the said lawes and statutes of this your realme. viii. the petition they doe therefore humblie pray your most excellent majestie, that no man hereafter be compelled to make or yeild any guift loane benevolence taxe or such like charge without comon consent by acte of parliament, and that none be called to make aunswere or take such oath or to give attendance or be confined or otherwise molested or disquieted concerning the same or for refusall thereof and that your majestie would be pleased to remove the said souldiers and mariners and that your people may not be soe burthened in tyme to come. and that the aforesaid comissions for proceeding by martiall lawe may be revoked and annulled. and that hereafter no comissions of like nature may issue forth to any person or persons whatsoever to be executed as aforesaid, lest by colour of them any of your majesties subjects be destroyed or put to death contrary to the lawes and franchise of the land. all which they most humblie pray of your most excellent majestie as their rightes and liberties according to the lawes and statutes of this realme, and that your majestie would alsoe vouchsafe to declare that the awards doings and proceedings to the prejudice of your people in any of the premisses shall not be drawen hereafter into consequence or example. and that your majestie would be alsoe graciouslie pleased for the further comfort and safetie of your people to declare your royall will and pleasure, that in the things aforesaid all your officers and ministers shall serve you according to the lawes and statutes of this realme as they tender the honor of your majestie and the prosperitie of this kingdome. quaquidem petitione lecta & plenius intellecta per dictum dominum regem taliter est responsum in pleno parliamento videlicet. r. soit droit fait come est desire. habeas corpus act 1679 an act for the better secureing the liberty of the subject and for prevention of imprisonments beyond the seas. preamble recital that delays had been used by sheriffs in making returns of writs of habeas corpus, &c. whereas great delayes have beene used by sheriffes goalers and other officers to whose custody any of the kings subjects have beene committed for criminall or supposed criminall matters in makeing returnes of writts of habeas corpus to them directed by standing out an alias and pluries habeas corpus and sometimes more and by other shifts to avoid their yeilding obedience to such writts contrary to their duty and the knowne lawes of the land whereby many of the kings subjects have beene and hereafter may be long detained in prison in such cases where by law they are baylable to their great charge and vexation. i. sheriff, &c. within three days after service of habeas corpus, with the exception of treason and felony, as and under the regulations herein mentioned, to bring up the body before the court to which the writ is returnable; and certify the true causes of imprisonment. exceptions in respect of distance for the prevention whereof and the more speedy releife of all persons imprisoned for any such criminall or supposed criminall matters whensoever any person or persons shall bring any habeas corpus directed unto any sheriffe or sheriffes goaler minister or other person whatsoever for any person in his or their custody and the said writt shall be served upon the said officer or left at the goale or prison with any of the under officers underkeepers or deputy of the said officers or keepers that the said officer or officers his or their under officers under-keepers or deputyes shall within three dayes after the service thereof as aforesaid (unlesse the committment aforesaid were for treason plainely and specially expressed in the warrant of committment) upon payment or tender of the charges of bringing the said prissoner to be ascertained by the judge or court that awarded the same and endorsed upon the said writt not exceeding twelve penceper mile and upon security given by his owne bond to pay the charges of carrying backe the prisoner if he shall bee remanded by the court or judge to which he shall be brought according to the true intent of this present act and that he will not make any escape by the way make returne of such writt or bring or cause to be brought the body of the partie soe committed or restrained unto or before the judges or barons of the said court from whence the said writt shall issue or unto and before such other person and persons before whome the said writt is made returnable according to the command thereof, and shall likewise then certifie the true causes of his detainer or imprisonment unlesse the committment of the said partie be in any place beyond the distance of twenty miles from the place or places where such court or person is or shall be resideing and if beyond the distance of twenty miles and not above one hundred miles then within the space of ten dayes and if beyond the distance of one hundred miles then within the space of twenty dayes after such delivery aforesaid and not longer. ii. how writs to be marked. persons committed, except for treason and felony, &c. may appeal to the lord chancellor, &c. proceedings thereon. habeas corpus may be awarded; and upon service thereof the officer to bring up the prisoners as before mentioned; and thereupon within two days lord chancellor, &c. may discharge upon recognizance; and certify the writ with the return and recognizance. proviso for process not bailable and to the intent that noe sheriffe goaler or other officer may pretend ignorance of the import of any such writt all such writts shall be marked in this manner per statutum tricesimo primo caroli secundi regis and shall be signed by the person that awards the same and if any person or persons shall be or stand committed or detained as aforesaid for any crime unlesse for treason plainely expressed in the warrant of committment in the vacation time and out of terme it shall and may be lawfull to and for the person or persons soe committed or detained (other then persons convict or in execution) by legall processe or any one in his or their behalfe to appeale or complaine to any one of his majestyes justices either of the one bench or of the other or the barons of the exchequer of the degree of the coife and the said justices or barons or any of them upon view of the copy or copies of the warrant or warrants of committment and detainer or otherwise upon oath made that such copy or copyes were denyed to be given by such person or persons in whose custody the prisoner or prisoners is or are detained are hereby authorized and required upon request made in writeing by such person or persons or any on his her or their behalfe attested and subscribed by two witnesses that were present at the delivery of the same to award and grant an habeas corpus under the seale of such court whereof he shall then be one of the judges to be directed to the officer or officers in whose custodie the party soe committed or detained shall be returnable immediate before such justice baron or any other justice or baron of the degree of the coife of any of the said courts and upon service thereof as aforesaid the officer or officers his or their under-officer or under officers under keeper or under keepers or their deputy in whose custodie the partie is soe committed or detained shall within the times respectively before limitted bring such prisoner or prisoners before such justices barons or one of them before whome the said writt is made returnable and in case of his absence before any other of them with the returne of such writt and the true causes of the committment and detainer and thereupon within two dayes after the partie shall be brought before them the said lord chauncellor or lord keeper or such justice or baron before whome the prisoner shall be brought as aforesaid shall, subject to section 25 of the criminal justice and public order act 1994, grant bail in accordance with the bail act 1976 to the said prisoner subject to a duty to appear before the crown court and then shall certifie the said writt with the returne thereof together with the recognizance of any surety for him into the said court where such appearance is to be made unlesse it shall appeare unto the said justice or justices or baron or barons that the party soe committed is detained upon a legall processe order or warrant out of some court that hath jurisdiction of criminall matters or by some warrant signed and sealed with the hand and seale of any of the said justices or barons or some justice or justices of the peace for such matters or offences for the which by the law the prisoner is not baileable. iii. habeas corpus not granted in vacation to prisoners who have neglected to pray the same provided alwayes if any person shall have wilfully neglected by the space of two whole termes after his imprisonment to pray a habeas corpus for his enlargement such person soe wilfully neglecting shall not have any habeas corpus to be granted in vacation time in pursuance of this act. iv. officer neglecting, &c. to make the said returnes, &c. or upon demand to deliver a copy of warrant of commitment; first offence, penalty £100. second offence, £200 and incapacity. judgment at suit of party sufficient conviction and if any officer or officers his or their under-officer or under-officers under-keeper or under-keepers or deputy shall neglect or refuse to make the returnes aforesaid or to bring the body or bodies of the prisoner or prisoners according to the command of the said writt within the respective times aforesaid or upon demand made by the prisoner or person in his behalfe shall refuse to deliver or within the space of six houres after demand shall not deliver to the person soe demanding a true copy of the warrant or warrants of committment and detayner of such prisoner, which he and they are hereby required to deliver accordingly all and every the head goalers and keepers of such prisons and such other person in whose custodie the prisoner shall be detained shall for the first offence forfeite to the prisoner or partie grieved the summe of one hundred pounds and for the second offence the summe of two hundred pounds and shall and is hereby made incapeable to hold or execute his said office, the said penalties to be recovered by the prisoner or partie grieved his executors or administrators against such offender his executors or administrators by any action or information in any of the kings courts at westminster wherein noe injunction or stay of prosecution by non vult ulterius prosequi or otherwise shall bee admitted or allowed, and any recovery or judgement at the suite of any partie grieved shall be a sufficient conviction for the first offence and any after recovery or judgement at the suite of a partie grieved for any offence after the first judgement shall bee a sufficient conviction to bring the officers or person within the said penaltie for the second offence. v. proviso as to imprisonment of party after having been set at large upon habeas corpus. unduly recommitting such discharged persons or assisting therein; penalty to the party £500 and for the prevention of unjust vexation by reiterated committments for the same offence noe person or persons which shall be delivered or sett at large upon any habeas corpus shall at any time hereafter bee againe imprisoned or committed for the same offence by any person or persons whatsoever other then by the legall order and processe of such court wherein he or they shall be bound to appeare or other court haveing jurisdiction of the cause and if any other person or persons shall knowingly contrary to this act recommitt or imprison or knowingly procure or cause to be recommitted or imprisoned for the same offence or pretended offence any person or persons delivered or sett at large as aforesaid or be knowingly aiding or assisting therein then he or they shall forfeite to the prisoner or party grieved the summe of five hundred pounds any colourable pretence or variation in the warrant or warrants of committment notwithstanding to be recovered as aforesaid. vi. [repealed] vii. proviso respecting persons charged in debt, &c provided alwayes that nothing in this act shall extend to discharge out of prison any person charged in debt or other action or with processe in any civill cause but that after he shall be discharged of his imprisonment for such his criminall offence he shall be kept in custodie according to law for such other suite. viii. persons committed for criminal matter not to be removed but by habeas corpus or other legal writ. unduly making out, &c. warrant for removal; penalty provided alwaies that if any person or persons subject of this realme shall be committed to any prison or in custodie of any officer or officers whatsoever for any criminall or supposed criminall matter that the said person shall not be removed from the said prison and custody into the custody of any other officer or officers unlesse it be by habeas corpus or some other legall writt or where the prisoner is delivered to the constable or other inferiour officer to carry such prisoner to some common goale or where any person is sent by order of any judge of the crown court or justice of the peace to any common worke-house or house of correction or where the prisoner is removed from one prison or place to another within the same county in order to his or her tryall or discharge in due course of law or in case of suddaine fire or infection or other necessity and if any person or persons shall after such committment aforesaid make out and signe or countersigne any warrant or warrants for such removeall aforesaid contrary to this act as well he that makes or signes or countersignes such warrant or warrants as the officer or officers that obey or execute the same shall suffer and incurr the paines and forfeitures in this actbefore-mentioned both for the first and second offence respectively to be recovered in manner aforesaid by the partie grieved. ix. proviso for application for and granting habeas corpus in vacation-time. lord chancellor, &c. unduly denying writ; penalty to party £500 provided alsoe that it shall and may be lawfull to and for any prisoner and prisoners as aforesaid to move and obtaine his or their habeas corpus as well out of the high court of chauncery or court of exchequer as out of the courts of kings bench or common pleas of either of them and if any judge or judges baron or barons for the time being of the degree or the coife of any of the courts aforesaid in the vacation time upon view of the copy or copies of the warrant or warrants of committment or detainer or upon oath made that such copy or copyes were denyed as aforesaid shall deny any writt of habeas corpus by this act required to be granted being moved for as aforesaid they shall severally forfeite to the prisoner or partie grieved the summe of five hundred pounds to be recovered in manner aforesaid. x. habeas corpus may be directed into counties palatine, &c and an habeas corpus according to the true intent and meaning of this act may be directed and runn into any county palatine the cinque ports or other priviledged places within the kingdome of england dominion of wales or towne of berwicke upon tweede and the islands of jersey or guernsey any law or usage to the contrary notwithstanding. xi. no subject to be sent prisoner into scotland, &c. or any parts beyond the seas. persons so imprisoned may maintain action against the person committing or otherwise acting in respect thereof, as herein mentioned; treble costs and damages; and the person so committing or acting disabled from office, and incur premunire 16 r. 11. c. 5. and be incapable of pardon and for preventing illegall imprisonments in prisons beyond the seas noe subject of this realme that now is or hereafter shall be an inhabitant of resiant of this kingdome of england dominion of wales or towne of berwicke upon tweede shall or may be sent prisoner into scotland ireland jersey gaurnsey tangeir or into any parts garrisons islands or places beyond the seas which are or at any time hereafter shall be within or without the dominions of his majestie his heires or successors and that every such imprisonment is hereby enacted and adjudged to be illegall and that if any of the said subjects now is or hereafter shall bee soe imprisoned every such person and persons soe imprisoned shall and may for every such imprisonment maintaine by vertue of this act an action or actions of false imprisonment in any of his majestyes courts of record against the person or persons by whome he or she shall be soe committed detained imprisoned sent prisoner or transported contrary to the true meaning of this act and against all or any person or persons that shall frame contrive write seale or countersigne any warrant or writeing for such committment detainer imprisonment or transportation or shall be adviseing aiding or assisting in the same or any of them and the plaintiffe in every such action shall have judgement to recover his costs besides damages which damages soe to be given shall not be lesse then five hundred pounds in which action noe delay stay or stopp of proceeding by rule order or command nor noe injunction whatsoever shall be allowed excepting such rule of the court wherein the action shall depend made in open court as shall bee thought in justice necessary for speciall cause to be expressed in the said rule and the person or persons who shall knowingly frame contrive write seale or countersigne any warrant for such committment detainer or transportation or shall soe committ detaine imprison or transport any person or persons contrary to this act or be any wayes adviseing aiding or assisting therein being lawfully convicted thereof shall be disabled from thenceforth to beare any office of trust or proffitt within the said realme of england dominion of wales or towne of berwicke upon tweede or any of the islands territories or dominions thereunto belonging and be liable to imprisonment for life and be incapeable of any pardon from the king his heires or successors of the said disabilities or any of them. xii. [repealed] xiii. [repealed] xiv. [repealed] xv. proviso for sending persons to be tried in places where any capital offence committed provided alsoe that if any person or persons at any time resiant in this realme shall have committed any capitall offence in scotland or ireland or any of the islands or forreigne plantations of the king his heires or successors where he or she ought to be tryed for such offence such person or persons may be sent to such place there to receive such tryall in such manner as the same might have beene used before the makeing of this act any thing herein contained to the contrary notwithstanding. xvi. limitation of prosecution for offences against this act provided alsoe that noe person or persons shall be sued impleaded molested or troubled for any offence against this act unless the partie offending be sued or impleaded for the same within two yeares at the most after such time wherein the offence shall be committed in case the partie grieved shall not be then in prison and if he shall be in prison then within the space of two yeares after the decease of the person imprisoned or his or her delivery out of prison which shall first happen. xvii. [repealed] xviii. [repealed] xix. [repealed] xx. [repealed] [n.b. a variant reading of some parts of the text in this statute was noted in the statutes of the realm. see http://www.legislation.gov.uk/aep/cha2/31/2 for full details.] bill of rights 1689 preamble an act declareing the rights and liberties of the subject and setleing the succession of the crowne. whereas the lords spirituall and temporall and comons assembled at westminster lawfully fully and freely representing all the estates of the people of this realme did upon the thirteenth day of february in the yeare of our lord one thousand six hundred eighty eight present unto their majesties then called and known by the names and stile of william and mary prince and princesse of orange being present in their proper persons a certaine declaration in writeing made by the said lords and comons in the words following viz � heading 1. the heads of declaration of lords and commons, recited whereas the late king james the second by the assistance of diverse evill councellors judges and ministers imployed by him did endeavour to subvert and extirpate the protestant religion and the lawes and liberties of this kingdome. heading 2. dispensing and suspending power by assumeing and exerciseing a power of dispensing with and suspending of lawes and the execution of lawes without consent of parlyament. heading 3. committing prelates by committing and prosecuting diverse worthy prelates for humbly petitioning to be excused from concurring to the said assumed power. heading 4. ecclesiastical commission by issueing and causeing to be executed a commission under the great seale for erecting a court called the court of commissioners for ecclesiasticall causes. heading 5. levying money by levying money for and to the use of the crowne by pretence of prerogative for other time and in other manner then the same was granted by parlyament. heading 6. standing army by raising and keeping a standing army within this kingdome in time of peace without consent of parlyament and quartering soldiers contrary to law. heading 7. disarming protestants, &c by causing severall good subjects being protestants to be disarmed at the same time when papists were both armed and imployed contrary to law. heading 8. violating elections by violating the freedome of election of members to serve in parlyament. heading 9. illegal prosecutions by prosecutions in the court of kings bench for matters and causes cognizable onely in parlyament and by diverse other arbitrary and illegall courses. heading 10. juries and whereas of late yeares partiall corrupt and unqualifyed persons have beene returned and served on juryes in tryalls and particularly diverse jurors in tryalls for high treason which were not freeholders, heading 11. excessive bail and excessive baile hath beene required of persons committed in criminall cases to elude the benefitt of the lawes made for the liberty of the subjects. heading 12. fines and excessive fines have beene imposed. heading 13. punishments and illegall and cruell punishments inflicted. heading 14. grants of fines, &c. before conviction, &c and severall grants and promises made of fines and forfeitures before any conviction or judgement against the persons upon whome the same were to be levyed. all which are utterly directly contrary to the knowne lawes and statutes and freedome of this realme. heading 15. recital that the late king james ii. had abdicated the government, and that the throne was vacant, and that the prince of orange had written letters to the lords and commons for the choosing representatives in parliament and whereas the said late king james the second haveing abdicated the government and the throne being thereby vacant his hignesse the prince of orange (whome it hath pleased almighty god to make the glorious instrument of delivering this kingdome from popery and arbitrary power) did (by the advice of the lords spirituall and temporall and diverse principall persons of the commons) cause letters to be written to the lords spirituall and temporall being protestants and other letters to the severall countyes cityes universities burroughs and cinque ports for the choosing of such persons to represent them as were of right to be sent to parlyament to meete and sitt at westminster upon the two and twentyeth day of january in this yeare one thousand six hundred eighty and eight in order to such an establishment as that their religion lawes and liberties might not againe be in danger of being subverted, upon which letters elections haveing beene accordingly made. heading 16. the subject’s rights and thereupon the said lords spirituall and temporall and commons pursuant to their respective letters and elections being now assembled in a full and free representative of this nation takeing into their most serious consideration the best meanes for attaining the ends aforesaid doe in the first place (as their auncestors in like case have usually done) for the vindicating and asserting their auntient rights and liberties, declare heading 17. dispensing power that the pretended power of suspending of laws or the execution of laws by regall authority without consent of parlyament is illegall. heading 18. late dispensing power that the pretended power of dispensing with laws or the execution of laws by regall authoritie as it hath beene assumed and exercised of late is illegall. heading 19. ecclesiastical courts illegal that the commission for erecting the late court of commissioners for ecclesiasticall causes and all other commissions and courts of like nature are illegall and pernicious. heading 20. levying money that levying money for or to the use of the crowne by pretence of prerogative without grant of parlyament for longer time or in other manner then the same is or shall be granted is illegall. heading 21. right to petition that it is the right of the subjects to petition the king and all commitments and prosecutions for such petitioning are illegall. heading 22. standing army that the raising or keeping a standing army within the kingdome in time of peace unlesse it be with consent of parlyament is against law. heading 23. subjects’ arms that the subjects which are protestants may have arms for their defence suitable to their conditions and as allowed by law. heading 24. freedom of election that election of members of parlyament ought to be free. heading 25. freedom of speech that the freedome of speech and debates or proceedings in parlyament ought not to be impeached or questioned in any court or place out of parlyament. heading 26. excessive bail that excessive baile ought not to be required nor excessive fines imposed nor cruell and unusuall punishments inflicted. heading 27. juries that jurors ought to be duely impannelled and returned. heading 28. grants of forfeitures that all grants and promises of fines and forfeitures of particular persons before conviction are illegall and void. heading 29. frequent parliaments and that for redresse of all grievances and for the amending strengthening and preserveing of the lawes parlyaments ought to be held frequently. heading 30. the said rights claimed. tender of the crown. regal power exercised. limitation of the crown and they doe claime demand and insist upon all and singular the premises as their undoubted rights and liberties and that noe declarations judgements doeings or proceedings to the prejudice of the people in any of the said premisses ought in any wise to be drawne hereafter into consequence or example. to which demand of their rights they are particularly encouraged by the declaration of this highnesse the prince of orange as being the onely meanes for obtaining a full redresse and remedy therein. haveing therefore an intire confidence that his said highnesse the prince of orange will perfect the deliverance soe farr advanced by him and will still preserve them from the violation of their rights which they have here asserted and from all other attempts upon their religion rights and liberties. the said lords spirituall and temporall and commons assembled at westminster doe resolve that william and mary prince and princesse of orange be and be declared king and queene of england france and ireland and the dominions thereunto belonging to hold the crowne and royall dignity of the said kingdomes and dominions to them the said prince and princesse dureing their lives and the life of the survivour of them and that the sole and full exercise of the regall power be onely in and executed by the said prince of orange in the names of the said prince and princesse dureing their joynt lives and after their deceases the said crowne and royall dignitie of the said kingdoms and dominions to be to the heires of the body of the said princesse and for default of such issue to the princesse anne of denmarke and the heires of her body and for default of such issue to the heires of the body of the said prince of orange. and the lords spirituall and temporall and commons doe pray the said prince and princesse to accept the same accordingly. heading 31. new oaths of allegiance, &c and that the oathes hereafter mentioned be taken by all persons of whome the oathes of allegiance and supremacy might be required by law instead of them and that the said oathes of allegiance and supremacy be abrogated. heading 32. allegiance i a b doe sincerely promise and sweare that i will be faithfull and beare true allegiance to their majestyes king william and queene mary soe helpe me god. heading 33. supremacy i a b doe sweare that i doe from my heart abhorr, detest and abjure as impious and hereticall this damnable doctrine and position that princes excommunicated or deprived by the pope or any authority of the see of rome may be deposed or murdered by their subjects or any other whatsoever. and i doe declare that noe forreigne prince person prelate, state or potentate hath or ought to have any jurisdiction power superiority preeminence or authoritie ecclesiasticall or spirituall within this realme soe helpe me god. heading 34. acceptance of the crown. the two houses to sit. subjects’ liberties to be allowed, and ministers hereafter to serve according to the same. william and mary declared king and queen. limitation of the crown. papists debarred the crown. every king, &c. shall make the declaration of 30 car. ii. if under 12 years old, to be done after attainment thereof. king’s and queen’s assent upon which their said majestyes did accept the crowne and royall dignitie of the kingdoms of england france and ireland and the dominions thereunto belonging according to the resolution and desire of the said lords and commons contained in the said declaration. and thereupon their majestyes were pleased that the said lords spirituall and temporall and commons being the two houses of parlyament should continue to sitt and with their majesties royall concurrence make effectuall provision for the setlement of the religion lawes and liberties of this kingdome soe that the same for the future might not be in danger againe of being subverted, to which the said lords spirituall and temporall and commons did agree and proceede to act accordingly. now in pursuance of the premisses the said lords spirituall and temporall and commons in parlyament assembled for the ratifying confirming and establishing the said declaration and the articles clauses matters and things therein contained by the force of a law made in due forme by authority of parlyament doe pray that it may be declared and enacted that all and singular the rights and liberties asserted and claimed in the said declaration are the true auntient and indubitable rights and liberties of the people of this kingdome and soe shall be esteemed allowed adjudged deemed and taken to be and that all and every the particulars aforesaid shall be firmly and strictly holden and observed as they are expressed in the said declaration and all officers and ministers whatsoever shall serve their majestyes and their successors according to the same in all times to come. and the said lords spirituall and temporall and commons seriously considering how it hath pleased almighty god in his marvellous providence and mercifull goodness to this nation to provide and preserve their said majestyes royall persons most happily to raigne over us upon the throne of their auncestors for which they render unto him from the bottome of their hearts their humblest thanks and praises doe truely firmely assuredly and in the sincerity of their hearts thinke and doe hereby recognize acknowledge and declare that king james the second haveing abdicated the government and their majestyes haveing accepted the crowne and royall dignity as aforesaid their said majestyes did become were are and of right ought to be by the lawes of this realme our soveraigne liege lord and lady king and queene of england france and ireland and the dominions thereunto belonging in and to whose princely persons the royall state crowne and dignity of the said realmes with all honours stiles titles regalities prerogatives powers jurisdictions and authorities to the same belonging and appertaining are most fully rightfully and intirely invested and incorporated united and annexed and for preventing all questions and divisions in this realme by reason of any pretended titles to the crowne and for preserveing a certainty in the succession thereof in and upon which the unity peace tranquillity and safety of this nation doth under god wholly consist and depend the said lords spirituall and temporall and commons doe beseech their majestyes that it may be enacted established and declared that the crowne and regall government of the said kingdoms and dominions with all and singular the premisses thereunto belonging and appertaining shall bee and continue to their said majestyes and the survivour of them dureing their lives and the life of the survivour of them and that the entire perfect and full exercise of the regall power and government be onely in and executed by his majestie in the names of both their majestyes dureing their joynt lives and after their deceases the said crowne and premisses shall be and remaine to the heires of the body of her majestie and for default of such issue to her royall highnesse the princess anne of denmarke and the heires of her body and for default of such issue to the heires of the body of his said majestie and thereunto the said lords spirituall and temporall and commons doe in the name of all the people aforesaid most humbly and faithfully submitt themselves their heires and posterities for ever and doe faithfully promise that they will stand to maintaine and defend their said majesties and alsoe the limitation and succession of the crowne herein specified and contained to the utmost of their powers with their lives and estates against all persons whatsoever that shall attempt any thing to the contrary. and whereas it hath beene found by experience that it is inconsistent with the safety and welfaire of this protestant kingdome to be governed by a popish prince the said lords spirituall and temporall and commons doe further pray that it may be enacted that all and every person and persons that is are or shall be reconciled to or shall hold communion with the see or church of rome or shall professe the popish religion shall be excluded and be for ever uncapeable to inherit possesse or enjoy the crowne and government of this realme and ireland and the dominions thereunto belonging or any part of the same or to have use or exercise any regall power authoritie or jurisdiction within the same and in all and every such case or cases the people of these realmes shall be and are hereby absolved of their allegiance and the said crowne and government shall from time to time descend to and be enjoyed by such person or persons being protestants as should have inherited and enjoyed the same in case the said person or persons soe reconciled holding communion or professing as aforesaid were naturally dead and that every king and queene of this realme who at any time hereafter shall come to and succeede in the imperiall crowne of this kingdome shall on the first day of the meeting of the first parlyament next after his or her comeing to the crowne sitting in his or her throne in the house of peeres in the presence of the lords and commons therein assembled or at his or her coronation before such person or persons who shall administer the coronation oath to him or her at the time of his or her takeing the said oath (which shall first happen) make subscribe and audibly repeate the declaration mentioned in the statute made in the thirtyeth yeare of the raigne of king charles the second entituled an act for the more effectuall preserveing the kings person and government by disableing papists from sitting in either house of parlyament but if it shall happen that such king or queene upon his or her succession to the crowne of this realme shall be under the age of twelve yeares then every such king or queene shall make subscribe and audibly repeate the said declaration at his or her coronation or the first day of the meeting of the first parlyament as aforesaid which shall first happen after such king or queene shall have attained the said age of twelve yeares. all which their majestyes are contented and pleased shall be declared enacted and established by authoritie of this present parliament and shall stand remaine and be the law of this realme for ever and the same are by their said majesties by and with the advice and consent of the lords spirituall and temporall and commons in parlyament assembled and by the authoritie of the same declared enacted and established accordingly ii. non obstantes made void noe dispensation by non obstante of or to any statute or any part thereof shall be allowed but the same shall be held void and of noe effect except a dispensation be allowed of in such statute iii. [repealed] act of settlement 1701 preamble an act for the further limitation of the crown and better securing the rights and liberties of the subject i. recital of stat. 1 w. & m. sess. 2. c. 2. §2. and that the late queen and duke of gloucester are dead; and that his majesty had recommended from the throne a further provision for the succession of the crown in the protestant line. the princess sophia, electress and duchess dowager of hanover, daughter of the late queen of bohemia, daughter of king james the first, to inherit after the king and the princess anne, in default of issue of the said princess and his majesty, respectively and the heirs of her body, being protestants whereasin the first year of the reign of your majesty and of our late most gracious sovereign lady queen mary (of blessed memory) an act of parliament was made intituled [an act for declaring the rights and liberties of the subject and for setling the succession of the crown] wherein it was (amongst other things) enacted established and declared that the crown and regall government of the kingdoms of england france and ireland and the dominions thereunto belonging should be and continue to your majestie and the said late queen during the joynt lives of your majesty and the said queen and to the survivor and that after the decease of your majesty and of the said queen the said crown and regall government should be and remain to the heirs of the body of the said late queen and for default of such issue to her royall highness the princess ann of denmark and the heirs of her body and for default of such issue to the heirs of the body of your majesty and it was thereby further enacted that all and every person and persons that then were or afterwards should be reconciled to or shall hold communion with the see or church of rome or should professe the popish religion or marry a papist should be excluded and are by that act made for ever incapable to inherit possess or enjoy the crown and government of this realm and ireland and the dominions thereunto belonging or any part of the same or to have use or exercise any regall power authority or jurisdiction within the same and in all and every such case and cases the people of these realms shall be and are thereby absolved of their allegiance and that the said crown and government shall from time to time descend to and be enjoyed by such person or persons being protestants as should have inherited and enjoyed the same in case the said person or persons so reconciled holding communion professing or marrying as aforesaid were naturally dead after the making of which statute and the settlement therein contained your majesties good subjects who were restored to the full and free possession and enjoyment of their religion rights and liberties by the providence of god giving success to your majesties just undertakings and unwearied endeavours for that purpose had no greater temporall felicity to hope or wish for then to see a royall progeny descending from your majesty to whom (under god) they owe their tranquility and whose ancestors have for many years been principall assertors of the reformed religion and the liberties of europe and from our said most gracious sovereign lady whose memory will always be precious to the subjects of these realms and it having since pleased almighty god to take away our said sovereign lady and also the most hopefull prince william duke of gloucester (the only surviving issue of her royall highness the princess ann of denmark) to the unspeakable grief and sorrow of your majesty and your said good subjects who under such losses being sensibly put in mind that it standeth wholly in the pleasure of almighty god to prolong the lives of your majesty and of her royall highness and to grant to your majesty or to her royall highness such issue as may be inheritable to the crown and regall government aforesaid by the respective limitations in the said recited act contained doe constantly implore the divine mercy for those blessings and your majesties said subjects having daily experience of your royall care and concern for the present and future wellfare of these kingdoms and particularly recommending from your throne a further provision to be made for the succession of the crown in the protestant line for the happiness of the nation and the security of our religion and it being absolutely necessary for the safety peace and quiet of this realm to obviate all doubts and contentions in the same by reason of any pretended titles to the crown and to maintain a certainty in the succession thereof to which your subjects may safely have recourse for their protection in case the limitations in the said recited act should determine therefore for a further provision of the succession of the crown in the protestant line we your majesties most dutifull and loyall subjects the lords spirituall and temporall and commons in this present parliament assembled do beseech your majesty that it may be enacted and declared and be it enacted and declared by the kings most excellent majesty by and with the advice and consent of the lords spirituall and temporall and comons in this present parliament assembled and by the authority of the same that the most excellent princess sophia electress and dutchess dowager of hannover daughter of the most excellent princess elizabeth late queen of bohemia daughter of our late sovereign lord king james the first of happy memory be and is hereby declared to be the next in succession in the protestant line to the imperiall crown and dignity of the said realms of england france and ireland with the dominions and territories thereunto belonging after his majesty and the princess ann of denmark and in default of issue of the said princess ann and of his majesty respectively and that from and after the deceases of his said majesty our now sovereign lord and of her royall highness the princess ann of denmark and for default of issue of the said princess ann and of his majesty respectively the crown and regall government of the said kingdoms of england france and ireland and of the dominions thereunto belonging with the royall state and dignity of the said realms and all honours stiles titles regalities prerogatives powers jurisdictions and authorities to the same belonging and appertaining shall be remain and continue to the said most excellent princess sophia and the heirs of her body being protestants and thereunto the said lords spirituall and temporall and commons shall and will in the name of all the people of this realm most humbly and faithfully submitt themselves their heirs and posterities and do faithfully promise that after the deceases of his majesty and her royall highness and the failure of the heirs of their respective bodies to stand to maintain and defend the said princess sophia and the heirs of her body being protestants according to the limitation and succession of the crown in this act specified and contained to the utmost of their powers with their lives and estates against all persons whatsoever that shall attempt any thing to the contrary. ii. the persons inheritable by this act, holding communion with the church of rome, incapacitated as by the former act; to take the oath at their coronation, according to stat. 1 w. & m. c. 6 provided always and it is hereby enacted that all and every person and persons who shall or may take or inherit the said crown by vertue of the limitation of this present act and is are or shall be reconciled to or shall hold communion with the see or church of rome or shall profess the popish religion or shall marry a papist shall be subject to such incapacities as in such case or cases are by the said recited act provided enacted and established and that every king and queen of this realm who shall come to and succeed in the imperiall crown of this kingdom by vertue of this act shall have the coronation oath administred to him her or them at their respective coronations according to the act of parliament made in the first year of the reign of his majesty and the said late queen mary intituled an act for establishing the coronation oath and shall make subscribe and repeat the declaration in the act first above recited mentioned or referred to in the manner and form thereby prescribed iii. further provisions for securing the religion, laws, and liberties of these realms and whereas it is requisite and necessary that some further provision be made for securing our religion laws and liberties from and after the death of his majesty and the princess ann of denmark and in default of issue of the body of the said princess and of his majesty respectively be it enacted by the kings most excellent majesty by and with the advice and consent of the lords spirituall and temporall and commons in parliament assembled and by the authority of the same that whosoever shall hereafter come to the possession of this crown shall joyn in communion with the church of england as by law established that in case the crown and imperiall dignity of this realm shall hereafter come to any person not being a native of this kingdom of england this nation be not obliged to ingage in any warr for the defence of any dominions or territories which do not belong to the crown of england without the consent of parliament. that after the said limitation shall take effect as aforesaid no person born out of the kingdoms of england scotland or ireland or the dominions thereunto belonging (although he be made a denizen) (except such as are born of english parents) shall be capable to be of the privy councill or a member of either house of parliament or to enjoy any office or place of trust either civill or military or to have any grant of lands tenements or hereditaments from the crown to himself or to any other or others in trust for him [this paragraph has been repealed so far as it relates to british subjects and citizens of eire] that no pardon under the great seal of england be pleadable to an impeachment by the commons in parliament. iv. the laws and statutes of the realm confirmed and whereas the laws of england are the birthright of the people thereof and all the kings and queens who shall ascend the throne of this realm ought to administer the government of the same according to the said laws and all their officers and ministers ought to serve them respectively according to the same the said lords spirituall and temporall and commons do therefore further humbly pray that all the laws and statutes of this realm for securing the established religion and the rights and liberties of the people thereof and all other laws and statutes of the same now in force may be ratified and confirmed and the same are by his majesty by and with the advice and consent of the said lords spirituall and temporall and commons and by authority of the same ratified and confirmed accordingly. union with scotland act 1706 an act for an union of the two kingdoms of england and scotland most gracious sovereign preamble. recital of articles of union, dated 22d july, 5 ann.; and of an act of parliament passed in scotland, 16th january, 5 ann whereas articles of union were agreed on the twenty second day of july in the fifth year of your majesties reign by the commissioners nominated on behalf of the kingdom of england under your majesties great seal of england bearing date at westminster the tenth day of april then last past in pursuance of an act of parliament made in england in the third year of your majesties reign and the commissioners nominated on the behalf of the kingdom of scotland under your majesties great seal of scotland bearing date the twenty seventh day of february in the fourth year of your majesties reign in pursuance of the fourth act of the third session of the present parliament of scotland to treat of and concerning an union of the said kingdoms and whereas an act hath passed in the parliament of scotland at edinburgh the sixteenth day of january in the fifth year of your majesties reign wherein ’tis mentioned that the estates of parliament considering the said articles of union of the two kingdoms had agreed to and approved of the said articles of union with some additions and explanations and that your majesty with advice and consent of the estates of parliament for establishing the protestant religion and presbyterian church government within the kingdom of scotland had passed in the same session of parliament an act intituled act for securing of the protestant religion and presbyterian church government which by the tenor thereof was appointed to be inserted in any act ratifying the treaty and expressly declared to be a fundamental and essential condition of the said treaty or union in all times coming the tenor of which articles as ratified and approved of with additions and explanations by the said act of parliament of scotland follows article i. the kingdoms united; ensigns armorial that the two kingdoms of england and scotland shall upon the first day of may which shall be in the year one thousand seven hundred and seven and for ever after be united into one kingdom by the name of great britain and that the ensigns armorial of the said united kingdom be such as her majesty shall appoint and the crosses of st. george and st. andrew be conjoyned in such manner as her majesty shall think fit and used in all flags banners standards and ensigns both at sea and land. article ii. succession to the monarchy that the succession to the monarchy of the united kingdom of great britain and of the dominions thereto belonging after her most sacred majesty and in default of issue of her majesty be remain and continue to the most excellent princess sophia electoress and dutchess dowager of hanover and the heirs of her body being protestants upon whom the crown of england is settled by an act of parliament made in england in the twelfth year of the reign of his late majesty king william the third intituled an act for the further limitation of the crown and better securing the rights and liberites of the subject and that all papists and persons marrying papists shall be excluded from and for ever incapable to inherit possess or enjoy the imperial crown of great britain and the dominions thereunto belonging or any part thereof and in every such case the crown and government shall from time to time descend to and be enjoyed by such person being a protestant as should have inherited and enjoyed the same in case such papist or person marrying a papist was naturally dead according to the provision for the descent of the crown of england made by another act of parliament in england in the first year of the reign of their late majesties king william and queen mary intituled an act declaring the rights and liberites of the subject and settling the succession of the crown. article iii. parliament that the united kingdom of great britain be represented by one and the same parliament to be stiled the parliament of great britain. article iiii. trade and navigation and other rights that all the subjects of the united kingdom of great britain shall from and after the union have full freedom and intercourse of trade and navigation to and from any port or place within the said united kingdom and the dominions and plantations thereunto belonging and that there be a communication of all other rights privileges and advantages which do or may belong to the subjects of either kingdom except where it is otherwise expressly agreed in these articles. article v [repealed] article vi. regulations of trade, duties, &c that all parts of the united kingdom for ever from and after the union shall have the same allowances encouragements and drawbacks and be under the same prohibitions restrictions and regulations of trade and liable to the same customs and duties on import and export and that the allowances encouragements and drawbacks prohibitions restrictions and regulations of trade and the customs and duties on import and export settled in england when the union commences shall from and after the union take place throughout the whole united kingdom article vii. excise that all parts of the united kingdom be for ever from and after the union liable to the same excise upon all exciseable liquors article viii-xv [repealed] article xvi. coin that from and after the union the coin shall be of the same standard and value throughout the united kingdom as now in england article xvii [repealed] article xviii. laws concerning public rights. private rights that the laws concerning regulation of trade customs and such excises to which scotland is by virtue of this treaty to be liable be the same in scotland from and after the union as in england and that all other laws in use within the kingdom of scotland do after the union and notwithstanding thereof remain in the same force as before (except such as are contrary to or inconsistent with this treaty) but alterable by the parliament of great britain with this difference betwixt the laws concerning publick right policy and civil government and those which concern private right that the laws which concern publick right policy and civil government may be made the same throughout the whole united kingdom but that no alteration be made in laws which concern private right except for evident utility of the subjects within scotland article xix. court of session. writers to the signet admitted lords of session. court of justiciary. other courts. causes in scotland not cognizable in courts in westminster hall that the court of session or colledge of justice do after the union and notwithstanding thereof remain in all time coming within scotland as it is now constituted by the laws of that kingdom and with the same authority and privileges as before the union subject nevertheless to such regulations for the better administration of justice as shall be made by the parliament of great britain and that hereafter none shall be named by her majesty or her royal successors to be ordinary lords of session but such who have served in the colledge of justice as advocates or principal clerks of session for the space of five years or as writers to the signet for the space of ten years with this provision that nowriter to the signet be capable to be admitted a lord of the session unless he undergo a private and publick tryal on the civil law before the faculty of advocates and be found by them qualified for the said office two years before he be named to be a lord of the session yet so as the qualifications made or to be made for capacitating persons to be named ordinary lords of session may be altered by the parliament of great britain and that the court of justiciary do also after the union and notwithstanding thereof remain in all time coming within scotland as it is now constituted by the laws of that kingdom and with the same authority and privileges as before the union subject nevertheless to such regulations as shall be made by the parliament of great britain and without prejudice of other rights of justiciary and that the heretable rights of admiralty and vice admiralties in scotland be reserved to the respective proprietors as rights of property subject nevertheless as to the manner of exercising such heretable rights to such regulations and alterations as shall be thought proper to be made by the parliament of great britain and that all other courts now in being within the kingdom of scotland do remain but subject to alterations by the parliament of great britain and that all inferior courts within the said limits do remain subordinate as they are now to the supreme courts of justice within the same in all time coming and that no causes in scotland be cognoscible by the courts of chancery queen’s bench common pleas or any other court in westminster hall and that the said courts or any other of the like nature after the union shall have no power to cognosce review or alter the acts or sentences of the judicatures within scotland or stop the execution of the same article xx. heritable offices, &c that all heretable offices superiorities heretable jurisdictions offices for life and jurisdictions for life be reserved to the owners thereof as rights of property in the same manner as they are now enjoyed by the laws of scotland notwithstanding this treaty. article xxi. royal burghs that the rights and privileges of the royal burghs in scotland as they now are do remain entire after the union and notwithstanding thereof. article xxii [repealed] article xxiii. privileges of the sixteen peers of scotland that all peers of scotland and their successors to their honours and dignities shall from and after the union be peers of great britain and have rank and precedency next and immediately after the peers of the like orders and degrees in england at the time of the union and before all peers of great britain of the like orders and degrees who may be created after the union and shall enjoy all privileges of peers as fully as the peers of england do now or as they or any other peers of great britain may hereafter enjoy the same article xxiv. heraldry; great seal; seal kept in scotland; privy seal, &c. in scotland; regalia that from and after the union there be one great seal for the united kingdom of great britain which shall be different from the great seal now used in either kingdom and that the quartering the arms and the rank and precedency of the lyon king of arms of the kingdom of scotland as may best suit the union be left to her majesty and that in the mean time the great seal of england be used as the great seal of the united kingdom and that the great seal of the united kingdom be used for sealing writts to elect and summon the parliament of great britain and for sealing all treaties with foreign princes and states and all publick acts instruments and orders of state which concern the whole united kingdom and in all other matters relating to england as the great seal of england is now used and that a seal in scotland after the union be always kept and made use of in all things relating to private rights or grants which have usually passed the great seal of scotland and which only concern offices grants commissions and private rights within that kingdom and that until such seal shall be appointed by her majesty the present great seal of scotland shall be used for such purposes and that the privy seal signet casset signet of the justiciary court quarter seal and seals of courts now used in scotland be continued but that the said seals be altered and adapted to the state of the union as her majesty shall think fit and the said seals and all of them and the keepers of them shall be subject to such regulations as the parliament of great britain shall hereafter make and that the crown scepter and sword of state the records of parliament and all other records rolls and registers whatsoever both publick and private general and particular and warrants thereof continue to be kept as they are within that part of the united kingdom now called scotland and that they shall so remain in all time coming notwithstanding the union article xxv i. laws inconsistent with the articles, void that all laws and statutes in either kingdom so far as they are contrary to or inconsistent with the terms of these articles or any of them shall from and after the union cease and become void and shall be so declared to be by the respective parliaments of the said kingdoms. as by the said articles of union ratified and approved by the said act of parliament of scotland relation thereunto being had may appear ii. acts of scotland herein mentioned, confirmed; universities and colleges of saint andrew, glasgow, aberdeen and edinburgh, to continue; subjects not liable to oath, test, or subscription, inconsistant with the presbyterian church government; successor to swear to maintain the said settlement of religion; this act to be held a fundamental condition of union, and to be inserted in any act of parliament for concluding the said union; this ratification of the said articles not binding until they are ratified by parliament of england, &c.; laws contrary to articles void. and the tenor of the aforesaid act for securing the protestant religion and presbyterian church government within the kingdom of scotland is as follows. our sovereign lady and the estates of parliament considering that by the late act of parliament for a treaty with england for an union of both kingdoms it is provided that the commissioners for that treaty should not treat of or concerning any alteration of the worship discipline and government of the church of this kingdom as now by law established which treaty being now reported to the parliament and it being reasonable and necessary that the true protestant religion as presently professed within this kingdom with the worship discipline and government of this church should be effectually and unalterably secured therefore her majesty with advice and consent of the said estates of parliament doth hereby establish and confirm the said true protestant religion and the worship discipline and government of this church to continue without any alteration to the people of this land in all succeeding generations and more especially her majesty with advice and consent aforesaid ratifies approves and for ever confirms the fifth act of the first parliament of king william and queen mary intituled act ratifying the confession of faith and settling presbyterian church government with all other acts of parliament relating thereto in prosecution of the declaration of the estates of this kingdom, containing the claim of right bearing date the eleventh of april one thousand six hundred and eighty nine and her majesty with advice and consent aforesaid expressly provides and declares that the foresaid true protestant religion contained in the above mentioned confession of faith with the form and purity of worship presently in use within this church and its presbyterian church government and discipline (that is to say) the government of the church by kirk sessions presbyteries provincial synods and general assemblies all established by the foresaid acts of parliament pursuant to the claim of right shall remain and continue unalterable and that the said presbyterian government shall be the only government of the church within the kingdom of scotland and further for the greater security of the foresaid protestant religion and of the worship discipline and government of this church as above established her majesty with advice and consent foresaid statutes and ordains that the universities and colledges of saint andrew’s glasgow aberdeen and edinburgh as now established by law shall continue within this kingdom for ever and further her majesty with advice aforesaid expressly declares and statutes that none of the subjects of this kingdom shall be liable to but all and every one of them for ever free of any oath test or subscription within this kingdom contrary to or inconsistent with the foresaid true protestant religion and presbyterian church government worship and discipline as above established and that the same within the bounds of this church and kingdom shall never be imposed upon or required of them in any sort and lastly that after the decease of her present majesty (whom god long preserve) the soveraign succeeding to her in the royal government of the kingdom of great britain shall in all time coming at his or her accession to the crown swear and subscribe that they shall inviolably maintain and preserve the foresaid settlement of the true protestant religion with the government worship discipline right and privileges of this church as above established by the laws of this kingdom in prosecution of the claim of right and it is hereby statute and ordained that this act of parliament with the establishment therein contained shall be held and observed in all time coming as a fundamental and essential condition of any treaty or union to be concluded betwixt the two kingdoms without any alteration thereof or derogation thereto in any sort for ever as also that this act of parliament and settlement therein contained shall be insert and repeated in any act of parliament that shall pass for agreeing and concluding the foresaid treaty or union betwixt the two kingdoms and that the same shall be therein expressly declared to be a fundamental and essential condition of the said treaty or union in all time coming which articles of union and act immediately above written her majesty with advice and consent aforesaid statutes enacts and ordains to be and continue in all time coming the sure and perpetual foundation of a compleat and entire union of the two kingdoms of scotland and england under the express condition and provision that this approbation and ratification of the foresaid articles and act shall be no ways binding on this kingdom until the said articles and act be ratified approved and confirmed by her majesty with and by the authority of the parliament of england as they are now agreed to approved and confirmed by her majesty with and by the authority of the parliament of scotland declaring nevertheless that the parliament of england may provide for the security of the church of england as they think expedient to take place within the bounds of the said kingdom of england and not derogating from the security above provided for establishing of the church of scotland within the bounds of this kingdom as also the said parliament of england may extend the additions and other provisions contained in the articles of union as above insert in favours of the subjects of scotland to and in favours of the subjects of england which shall not suspend or derogate from the force and effect of this present ratification but shall be understood as herein included without the necessity of any new ratification in the parliament of scotland and lastly her majesty enacts and declares that all laws and statutes in this kingdom so far they are contrary to or inconsistent with the terms of these articles as above mentioned shall from and after the union cease and become void. iii. cap. 8 ante and whereas an act hath passed in this present session of parliament intituled an act for securing the church of england as by law established the tenor whereof follows whereas by an act made in the session of parliament held in the third and fourth year of her majesties reign whereby her majesty was impowered to appoint commissioners under the great seal of england to treat with commissioners to be authorized by the parliament of scotland concerning an union of the kingdoms of england and scotland it is provided and enacted that the commissioners to be named in pursuance of the said act should not treat of or concerning any alteration of the liturgy rites ceremonies discipline or government of the church as by law established within this realm and whereas certain commissioners appointed by her majesty in pursuance of the said act and also other commissioners nominated by her majesty by the authority of the parliament of scotland have met and agreed upon a treaty of union of the said kingdoms which treaty is now under the consideration of this present parliament and whereas the said treaty (with some alterations therein made) is ratified and approved by act of parliament in scotland and the said act of ratification is by her majesties royal command laid before the parliament of this kingdom and whereas it is reasonable and necessary that the true protestant religion professed and established by law in the church of england and the doctrine worship discipline and government thereof should be effectually and unalterably secured be it enacted by the queens most excellent majesty by and with the advice and consent of the lords spiritual and temporal and the commons in this present parliament assembled and by authority of the same that an act made in the thirteenth year of the reign of the late king charles the second intituled an act for the uniformity of the publick prayers and administration of sacraments and other rites and ceremonies and for establishing the form of making ordaining and consecrating bishops priests and deacons in the church of england (other than such clauses in the said acts or either of them as have been repealed or altered by any subsequent act or acts of parliament) and all and singular other acts of parliament now in force for the establishment and preservation of the church of england and the doctrine worship discipline and government thereof shall remain and be in full force for ever and be it further enacted by the authority aforesaid that after the demise of her majesty (whom god long preserve) the sovereign next succeeding to her majesty in the royal government of the kingdom of great britain and so for ever hereafter every king or queen succeeding and coming to the royal government of the kingdom of great britain at his or her coronation shall in the presence of all persons who shall be attending assisting or otherwise then and there present take and subscribe an oath to maintain and preserve inviolably the said settlement of the church of england and the doctrine worship discipline and government thereof as by law established within the kingdoms of england and ireland the dominion of wales and town of berwick upon tweed and the territories thereunto belonging. and be it further enacted by the authority aforesaid that this act and all and every the matters and things therein contained be and shall for ever be holden and adjudged to be a fundamental and essential part of any treaty of union to be concluded between the said two kingdoms and also that this act shall be inserted in express terms in any act of parliament which shall be made for settling and ratifying any such treaty of union and shall be therein declared to be an essential and fundamental part thereof. iv. the said articles and act of parliament of scotland confirmed may it therefore please your most excellent majesty that it may be enacted and be it enacted by the queen’s most excellent majesty by and with the advice and consent of the lords spiritual and temporal and commons in this present parliament assembled and by authority of the same that all and every the said articles of union as ratified and approved by the said act of parliament of scotland as aforesaid and herein before particularly mentioned and inserted and also the said act of parliament of scotland for establishing the protestant religion and presbyterian church government within that kingdom intituled act for securing the protestant religion and presbyterian church government and every clause matter and thing in the said articles and act contained shall be and the said articles and act are hereby for ever ratified approved and confirmed. v. cap. 8 ante, and the said act of parliament of scotland to be observed as fundamental conditions of the said union; and the said articles and acts of parliament to continue the union and it is hereby further enacted by the authority aforesaid that the said act passed in this present session of parliament intituled an act for securing the church of england as by law established and all and every the matters and things therein contained and also the said act of parliament of scotland intituled act for securing the protestant religion and presbyterian church government with the establishment in the said act contained be and shall for ever be held and adjudged to be and observed as fundamental and essential conditions of the said union and shall in all times coming be taken to be and are hereby declared to be essential and fundamental parts of the said articles and union and the said articles of union so as aforesaid ratified approved and confirmed by act of parliament of scotland and by this present act and the said act passed in this present session of parliament intituled an act for securing the church of england as by law established and also the said act passed in the parliament of scotland intituled act for securing the protestant religion and presbyterian church government are hereby enacted and ordained to be and continue in all times coming the complete and intire union of the two kingdoms of england and scotland vi. recital of act of parliament of scotland for settling election of the sixteen peers and forty-five members for scotland and whereas since the passing the said act in the parliament of scotland for ratifying the said articles of union one other act intituled act settling the manner of electing the sixteen peers and forty five members to represent scotland in the parliament of great britain hath likewise passed in the said parliament of scotland at edinburgh the fifth day of february one thousand seven hundred and seven the tenor whereof follows our sovereign lady considering that by the twenty second article of the treaty of union as the same is ratified by an act passed in this session of parliament upon the sixteenth of january last it is provided that by virtue of the said treaty of the peers of scotland at the time of the union sixteen shall be the number to sit and vote in the house of lords and forty five the number of the representatives of scotland in the house of commons of the parliament of great britain and that the said sixteen peers and forty five members in the house of commons be named and chosen in such manner as by a subsequent act in this present session of parliament in scotland should be settled which act is thereby declared to be as valid as if it were a part of and ingrossed in the said treaty therefore her majesty with advice and consent of the estates of parliament statutes enacts and ordains that the said sixteen peers who shall have right to sit in the house of peers in the parliament of great britain on the part of scotland by virtue of this treaty shall be named by the said peers of scotland whom they represent their heirs or successors to their dignities and honours out of their own number and that by open election and plurality of voices of the peers present and of the proxies for such as shall be absent the said proxies being peers and producing a mandate in writing duly signed before witnesses and both the constituent and proxy being qualified according to law declaring also that such peers as are absent being qualified as aforesaid may send to all such meetings lists of the peers whom they judge fittest validly signed by the said absent peers which shall be reckoned in the same manner as if the parties had been present and given in the said list and in case of the death or legal incapacity of any of the said sixteen peers that the aforesaid peers of scotland shall nominate another of their own number in place of the said peer or peers in manner before and after mentioned it is always hereby expressly provided and declared that none shall be capable to elect or be elected for any of the said estates but such as are twenty one years of age complete vii. the said act declared valid as if it had been part of the said articles of union as by the said act passed in scotland for settling the manner of electing the sixteen peers and forty five members to represent scotland in the parliament of great britain may appear be it therefore further enacted and declared by the authority aforesaid that the said last mentioned act passed in scotland for settling the manner of electing the sixteen peers and forty five members to represent scotland in the parliament of great britain as aforesaid shall be and the same is hereby declared to be as valid as if the same had been part of and engrossed in the said articles of union ratified and approved by the said act of parliament of scotland and by this act as aforesaid. union with ireland act 1800 an act for the union of great britain and ireland. preamble whereas in pursuance of his majesty’s most gracious recommendation to the two houses of parliament in great britain and ireland respectively, to consider of such measures as might best tend to strengthen and consolidate the connection between the two kingdoms, the two houses of the parliament of great britain and the two houses of the parliament of ireland have severally agreed and resolved, that, in order to promote and secure the essential interests of great britain and ireland, and to consolidate the strength, power and resources of the british empire, it will be adviseable to concur in such measures as may best tend to unite the two kingdoms of great britain and ireland into one kingdom, in such manner, and on such terms and conditions, as may be established by the acts of the respective parliaments of great britain and ireland: part 1. the parliaments of england and ireland have agreed upon the articles following and whereas, in furtherance of the said resolution, both houses of the said two parliaments respectively have likewise agreed upon certain articles for effectuating and establishing the said purposes, in the tenor following: article first. that great britain and ireland shall upon jan. 1, 1801, be united into one kingdom; and that the titles appertaining to the crown, &c. shall be such as his majesty shall be pleased to appoint that it be the first article of the union of the kingdoms of great britain and ireland, that the said kingdoms of great britain and ireland shall, upon the first day of january which shall be in the year of our lord one thousand eight hundred and one, and for ever after, be united into one kingdom, by the name of the united kingdom of great britain and ireland, and that the royal stile and titles appertaining to the imperial crown of the said united kingdom and its dependencies, and also the ensigns, armorial flags and banners thereof, shall be such as his majesty, by his royal proclamation under the great seal of the united kingdom, shall be pleased to appoint. article second. that the succession to the crown shall continue limited and settled as at present that it be the second article of union, that the succession to the imperial crown of the said united kingdom, and of the dominions thereunto belonging, shall continue limited and settled in the same manner as the succession to the imperial crown of the said kingdoms of great britain and ireland now stands limited and settled, according to the existing laws and to the terms of union between england and scotland. article third. that the united kingdom be represented in one parliament that it be the third article of union, that the said united kingdom be represented in one and the same parliament, to be stiled the parliament of the united kingdom of great britain and ireland. article fourth 1. that such act as shall be passed in ireland to regulate the mode of summoning and returning the lords and commoners to serve in the united parliament of the united kingdom, shall be considered as part of the treaty of union that such act as shall be passed in the parliament of ireland previous to the union, to regulate the mode by which the lords spiritual and tbemporal and the commons, to serve in the parliament of the united kingdom on the part of ireland, shall be summoned and returned to the said parliament, shall be considered as forming part of the treaty of union, and shall be incorporated in the acts of the respective parliaments by which the said union shall be ratified and established: 2. that any peer of ireland may be elected to serve in the house of commons of the united kingdom, unless previously elected to sit in the house of lords, but shall not be entitled to the privilege of peerage, etc that any person holding any peerage of ireland now subsisting, or hereafter to be created, shall not thereby be disqualified from being elected to serve, if he shall so think fit, or from serving or continuing to serve, if he shall so think fit, for any county, city or borough, in the house of commons of the united kingdom, but that so long as such peer of ireland shall so continue to be a member of the house of commons, he shall not be entitled to the privilege of peerage: 3. his majesty may create peers, and make promotions in the peerage of ireland after the union, under certain regulations that it shall be lawful for his majesty, his heirs and successors, to create peers of ireland, and to make promotions in the peerage thereof, after the union; provided that no new creation of any such peers shall take place after the union, until three of the peerages of ireland which shall have been existing at the time of the union shall have become extinct; and upon such extinction of three peerages that it shall be lawful for his majesty, his heirs and successors, to create one peer of ireland; and in like manner so often as three peerages of ireland shall become extinct, it shall be lawful for his majesty, his heirs and successors, to create one other peer of the said part of the united kingdom; and if it shall happen that the peers of ireland shall, by extinction of peerages or otherwise, be reduced to the number of one hundred exclusive of all such peers of ireland as shall hold any peerage of great britain subsisting at the time of the union, or of the united kingdom created since the union, by which such peers shall be entitled to an hereditary seat in the house of lords of the united kingdom then and in that case it shall and may be lawful for his majesty, his heirs and successors, to create one peer of ireland, as often as any one of such one hundred peerages shall fail by extinction, or as often as any one peer of ireland shall become entitled by descent or creation to an hereditary seat in the house of lords of the united kingdom; it being the true intent and meaning of this article, that at all times after the union it shall and may be lawful for his majesty, his heirs and successors, to keep up the peerage of ireland to the number of one hundred, over and above the number of such of the said peers as shall be entitled by descent or creation to an hereditary seat in the house of lords of the united kingdom: 4. peerages in abeyance to be deemed existing peerages, and no peerage to be deemed extinct but on default of claim for a year after the death of the late possessor. if a claim be after that period made and allowed, and a new creation shall have taken place in the interval, no new right of creation shall accrue to his majesty on the next extinction of a peerage that if any peerage shall at any time be in abeyance, such peerage shall be deemed and taken as an existing peerage; and no peerage shall be deemed extinct, unless on default of claimants to the inheritance of such peerage for the space of one year from the death of the person who shall have been last possessed thereof; and if no claim shall be made to the inheritance of such peerage, in such form and manner as may from time to time be prescribed by the house of lords of the united kingdom, before the expiration of the said period of a year, then and in that case such peerage shall be deemed extinct; provided that nothing herein shall exclude any person from afterwards putting in a claim to the peerage so deemed extinct; and if such claim shall be allowed as valid by judgement of the house of lords of the united kingdom, reported to his majesty, such peerage shall be considered as revived; and in case any new creation of a peerage of ireland shall have taken place in the interval, in consequence of the supposed extinction of such peerage, then no new right of creation shall accrue to his majesty, his heirs or successors in consequence of the next extinction which shall take place of any peerage of ireland: 5. questions touching the election of members to sit in the house of commons of the united kingdom on the part of ireland shall be decided as questions touching such elections in great britain that all questions touching the election of members to sit on the part of ireland in the house of commons of the united kingdom shall be heard and decided in the same manner as questions touching such elections in great britain now are or at any time hereafter shall by law be heard and decided; subject nevertheless to such particular regulations in respect of ireland as, from local circumstances, the parliament of the united kingdom may from time to time deem expedient: 6. when his majesty shall declare his pleasure for holding a parliament of the united kingdom, a proclamation shall issue to cause the lords and commons, who are to serve on the part of ireland to be returned as shall be provided by any act of the present session in ireland that when his majesty, his heirs or successors, shall declare his, her or their pleasure for holding the first or any subsequent parliament of the united kingdom, a proclamation shall issue, under the great seal of the united kingdom, to cause the commons, who are to serve in the parliament thereof on the part of ireland, to be returned in such manner as by any act of this present session of the parliament of ireland shall be provided; and that the lords spiritual and temporal and commons of great britain shall, together with the commons so returned as aforesaid on the part of ireland, constitute the two houses of the parliament of the united kingdom: 7. the lords of parliament on the part of ireland shall have the same privileges as the lords on the part of great britain, and all lords spiritual of ireland shall have rank next after the lords spiritual of the same rank of great britain, and shall enjoy the same privileges, (except those depending upon sitting in the house of lords), and the temporal peers of ireland shall have rank next after the peers of the like rank in great britain at the time of the union; and all peerages of ireland and of the united kingdom created after the union shall have rank according to creation; and all peerages of great britain and of ireland shall, in all other respects, be considered as peerages of the united kingdom, and the peers of ireland shall enjoy the same privileges, except those depending upon sitting in the house of lords and that the persons holding any temporal peerages of ireland existing at the time of the union shall, from and after the union, have rank and precedency next and immediately after all the persons holding peerages of the like orders and degrees in great britain subsisting at the time of the union; and that all peerages of ireland created after the union shall have rank and precedency with the peerages of the united kingdom so created, according to the dates of their creations; and that all peerages both of great britain and ireland now subsisting or hereafter to be created shall in all other respects from the date of the union be considered as peerages of the united kingdom; and that the peers of ireland shall, as peers of the united kingdom enjoy all privileges of peers as fully as the peers of great britain, the right and privilege of sitting in the house of lords and the privileges depending thereon, only excepted. article fifth. the churches of england and ireland to be united into one protestant episcopal church, and the doctrine of the church of scotland to remain as now established that it be the fifth article of union, that the doctrine, worship, discipline and government of the church of scotland shall remain and be preserved as the same are now established by law and by the acts for the union of the two kingdoms of england and scotland. article sixth 1. the subjects of great britain and ireland shall be on the same footing in respect of trade and navigation, and in all treaties with foreign powers the subjects of ireland shall have the same privileges as british subject that it be the sixth article of union, that his majesty’s subjects of great britain and ireland shall from and after the first day of january one thousand eight hundred and one be entitled to the same privileges and be on the same footing, as to encouragements and bounties on the like articles, being the growth, produce or manufacture of either country respectively, and generally in respect of trade and navigation in all ports and places in the united kingdom and its dependencies; and that in all treaties made by his majesty his heirs and successors, with any foreign power, his majesty’s subjects of ireland shall have the same privileges and be on the same footing as his majesty’s subjects of great britain. 2. from january 1, 1801, all prohibitions and bounties on the export of articles the produce or manufacture of either country to the other shall cease that from the first day of january one thousand eight hundred and one all prohibitions and bounties on the export of articles, the growth, produce or manufacture of either country, to the other shall cease and determine; and that the said articles shall thenceforth be exported from one country to the other without duty or bounty on such export: 3. all articles the produce or manufacture of either country, not herein-after enumerated as subject to specific duties, shall be imported into each country from the other, duty free, other than the countervailing duties in the schedule no. 1. or to such as shall hereafter be imposed by the united parliament that all articles, the growth, produce or manufacture of either country (not herein-after enumerated as subject to specific duties), shall from thenceforth be imported into each country from the other free from duty other than such countervailing duties as shall hereafter be imposed by the parliament of the united kingdom, in the manner herein-after provided; 4. articles of the produce or manufacture of either country, subject to internal duty, or to duty on the materials, may be subjected on importation into each country to countervailing duties, and upon their export a drawback of the duty shall be allowed that any articles of the growth, produce or manufacture of either country, which are or may be subject to internal duty or to duty on the materials of which they are composed, may be made subject, on their importation into each country respectively from the other, to such countervailing duty as shall appear to be just and reasonable in respect of such internal duty or duties on the materials; and that upon the export of the said articles from each country to the other respectively, a drawback shall be given equal in amount to the countervailing duty payable on such articles on the import thereof into the same country from the other; and that in like manner in future it shall be competent to the united parliament to impose any new or additional countervailing duties, or to take off or diminish such existing countervailing duties as may appear, on like principles, to be just and reasonable in respect of any future or additional internal duty on any article of the growth, produce or manufacture of either country, or of any new or additional duty on any materials of which such article may be composed, or of any abatement of duty on the same; and that when any such new or additional countervailing duty shall be so imposed on the import of any article into either country from the other, a drawback, equal in amount to such countervailing duty, shall be given in like manner on the export of every such article respectively from the same country to the other: 5. articles the produce or manufacture of either country when exported through the other, shall be subject to the same charges as if exported directly from the country of which they were the produce or manufacture that all articles, the growth, produce or manufacture of either country, when exported through the other, shall in all cases be exported subject to the same charges as if they had been exported directly from the country of which they were the growth, produce or manufacture: article seventh [repealed] article eight 1. all laws in force at the union, and all courts of jurisdiction within the respective kingdoms, shall remain, subject to such alterations as may appear proper to the united parliament. all appeals to be finally decided by the peers of the united kingdom. there shall remain in ireland a court of admiralty, and appeals therefrom shall be to the delegates in chancery there. all laws contrary to the provisions enacted for carrying these articles into effect to be repealed that it be the eighth article of union, that all laws in force at the time of the union, and all the courts of civil and ecclesiastical jurisdiction within the respective kingdoms, shall remain as now by law established within the same, subject only to such alterations and regulations from time to time as circumstances may appear to the parliament of the united kingdom to require; provided that from and after the union there shall remain in ireland an instance court of admiralty for the determination of causes civil and maritime only, and that the appeal from sentences of the said court shall be to his majesty’s delegates in his court of chancery in ireland; and that all laws at present in force in either kingdom, which shall be contrary to any of the provisions which may be enacted by any act for carrying these articles into effect, be from and after the union repealed. 2. his majesty having been pleased to approve of the foregoing articles, it is enacted, that they shall be the articles of union, and be in force for ever, from jan. 1, 1801; provided that before that period an act shall have been passed in ireland for carrying them into effect and whereas the said articles having, by address of the respective houses of parliament in great britain and ireland, been humbly laid before his majesty, his majesty has been graciously pleased to approve the same, and to recommend it to his two houses of parliament in great britain and ireland to consider of such measures as may be necessary for giving effect to the said articles: in order therefore to give full effect and validity to the same, be it enacted by the king’s most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that the said foregoing recited articles, each and every one of them, according to the true import and tenor thereof, be ratified, confirmed and approved, and be and they are hereby declared to be the articles of the union of great britain and ireland, and the same shall be in force and have effect for ever, from the first day of january which shall be in the year of our lord one thousand eight hundred and one; provided that before that period an act shall have been passed by the parliament of ireland, for carrying into effect in the like manner the said foregoing recited articles. part 2 1. recital of an act of the parliament of ireland to regulate the mode by which the lords and the commons, to serve in the parliament of the united kingdom on the part of ireland, shall be summoned and returned and whereas an act, intituled “an act to regulate the mode by which the lords spiritual and temporal, and the commons, to serve in the parliament of the united kingdom on the part of ireland, shall be summoned and returned to the said parliament,” has been passed by the parliament of ireland, the tenor whereof is as follows: an act to regulate the mode by which the lords spiritual and temporal, and the commons, to serve in the parliament of the united kingdom on the part of ireland, shall be summoned and returned to the said parliament; in case of the summoning of a new parliament, or if the seat of any of the commoners shall become vacant by death or otherwise, then the counties, cities or boroughs, or any of them, as the case may be, shall proceed to a new election; and no meeting shall at any time hereafter be summoned, called, convened or held for the purpose of electing any person or persons to serve or act or be considered as representative or representatives of any other place, town, city, corporation or borough, or as representative or representatives of the freemen, freeholders, householders or inhabitants thereof, either in the parliament of the united kingdom or elsewhere (unless it shall hereafter be otherwise provided by the parliament of the united kingdom); whenever his majesty, his heirs and successors, shall by proclamation under the great seal of the united kingdom summon a new parliament of the united kingdom of great britain and ireland, the chancellor, keeper or commissioners of the great seal of ireland, shall cause writs to be issued to the several counties, cities, and boroughs in ireland, for the election of members to serve in the parliament of the united kingdom, and whenever any vacancy of a seat in the house of commons of the parliament of the united kingdom for any of the said counties, cities or boroughs, shall arise by death or otherwise, the chancellor, keeper or commissioners of the great seal, upon such vacancy being certified to them respectively by the proper warrant, shall forthwith cause a writ to issue for the election of a person to fill up such vacancy; 2. recited act to be taken as a part of this act. be it enacted, that the said act so herein recited be taken as a part of this act, and be deemed to all intents and purposes incorporated within the same. parliament acts 1911 and 1949 preamble an act to make provision with respect to the powers of the house of lords in relation to those of the house of commons, and to limit the duration of parliament. [18th august 1911] whereas it is expedient that provision should be made for regulating the relations between the two houses of parliament: and whereas it is intended to substitute for the house of lords as it at present exists a second chamber constituted on a popular instead of hereditary basis, but such substitution cannot be immediately brought into operation: and whereas provision will require hereafter to be made by parliament in a measure effecting such substitution for limiting and defining the powers of the new second chamber, but it is expedient to make such provision as in this act appears for restricting the existing powers of the house of lords: 1. powers of house of lords as to money bills if a money bill, having been passed by the house of commons, and sent up to the house of lords at least one month before the end of the session, is not passed by the house of lords without amendment within one month after it is so sent up to that house, the bill shall, unless the house of commons direct to the contrary, be presented to his majesty and become an act of parliament on the royal assent being signified, notwithstanding that the house of lords have not consented to the bill. a money bill means a public bill which in the opinion of the speaker of the house of commons contains only provisions dealing with all or any of the following subjects, namely, the imposition, repeal, remission, alteration, or regulation of taxation; the imposition for the payment of debt or other financial purposes of charges on the consolidated fund, the national loans fund or on money provided by parliament, or the variation or repeal of any such charges; supply; the appropriation, receipt, custody, issue or audit of accounts of public money; the raising or guarantee of any loan or the repayment thereof; or subordinate matters incidental to those subjects or any of them. in this subsection the expressions “taxation,” “public money,” and “loan” respectively do not include any taxation, money, or loan raised by local authorities or bodies for local purposes. there shall be endorsed on every money bill when it is sent up to the house of lords and when it is presented to his majesty for assent the certificate of the speaker of the house of commons signed by him that it is a money bill. before giving his certificate the speaker shall consult, if practicable, two members to be appointed from the chairmen’s panel at the beginning of each session by the committee of selection. 2. restriction of the powers of the house of lords as to bills other than money bills if any public bill (other than a money bill or a bill containing any provision to extend the maximum duration of parliament beyond five years) is passed by the house of commons in two successive sessions (whether of the same parliament or not), and, having been sent up to the house of lords at least one month before the end of the session, is rejected by the house of lords in each of those sessions, that bill shall, on its rejection for the second time by the house of lords, unless the house of commons direct to the contrary, be presented to his majesty and become an act of parliament on the royal assent being signified thereto, notwithstanding that the house of lords have not consented to the bill: provided that this provision shall not take effect unless one year has elapsed between the date of the second reading in the first of those sessions of the bill in the house of commons and the date on which it passes the house of commons in the second of these sessions. when a bill is presented to his majesty for assent in pursuance of the provisions of this section, there shall be endorsed on the bill the certificate of the speaker of the house of commons signed by him that the provisions of this section have been duly complied with. a bill shall be deemed to be rejected by the house of lords if it is not passed by the house of lords either without amendment or with such amendments only as may be agreed to by both houses. a bill shall be deemed to be the same bill as a former bill sent up to the house of lords in the preceding session if, when it is sent up to the house of lords, it is identical with the former bill or contains only such alterations as are certified by the speaker of the house of commons to be necessary owing to the time which has elapsed since the date of the former bill, or to represent any amendments which have been made by the house of lords in the former bill in the preceding session, and any amendments which are certified by the speaker to have been made by the house of lords in the second session and agreed to by the house of commons shall be inserted in the bill as presented for royal assent in pursuance of this section: provided that the house of commons may, if they think fit, on the passage of such a bill through the house in the second session, suggest any further amendments without inserting the amendments in the bill, and any such suggested amendments shall be considered by the house of lords, and, if agreed to by that house, shall be treated as amendments made by the house of lords and agreed to by the house of commons; but the exercise of this power by the house of commons shall not affect the operation of this section in the event of the bill being rejected by the house of lords. 3. certificate of speaker any certificate of the speaker of the house of commons given under this act shall be conclusive for all purposes, and shall not be questioned in any court of law. 4. enacting words in every bill presented to his majesty under the preceding provisions of this act, the words of enactment shall be as follows, that is to say:— “be it enacted by the king’s most excellent majesty, by and with the advice and consent of the commons in this present parliament assembled, in accordance with the provisions of the parliament acts 1911 and 1949 and by authority of the same, as follows.” any alteration of a bill necessary to give effect to this section shall not be deemed to be an amendment of the bill. 5. provisional order bills excluded in this act the expression “public bill” does not include any bill for confirming a provisional order. 6. saving for existing rights and privileges of the house of commons nothing in this act shall diminish or qualify the existing rights and privileges of the house of commons. 7. duration of parliament [omitted] 8. short title this act may be cited as the parliament acts 1911 and 1949. life peerages act 1958 preamble an act to make provision for the creation of life peerages carrying the right to sit and vote in the house of lords. [30th april 1958] 1. power to create life peerages carrying right to sit in the house of lords her majesty shall have power by letters patent to confer on any person a peerage for life having the incidents specified in subsection (2) of this section. a peerage conferred under this section shall, during the life of the person on whom it is conferred, entitle him— to rank as a baron under such style as may be appointed by the letters patent; and subject to subsection (4) of this section, to receive writs of summons to attend the house of lords and sit and vote therein accordingly, and shall expire on his death. a life peerage may be conferred under this section on a woman. nothing in this section shall enable any person to receive a writ of summons to attend the house of lords, or to sit and vote in that house, at any time when disqualified therefor by law. 2. short title this act may be cited as the life peerages act 1958. european communities act 1972 preamble an act to make provision in connection with the enlargement of the european communities to include the united kingdom, together with (for certain purposes) the channel islands, the isle of man and gibraltar. part i. general provisions 1. short title and interpretation this act may be cited as the european communities act 1972. in this act“the communities” means the european economic community, the european coal and steel community and the european atomic energy community; “the treaties” or "the eu treaties" means, subject to subsection (3) below, the pre-accession treaties, that is to say, those described in part i of schedule 1 to this act, taken with— the treaty relating to the accession of the united kingdom to the european economic community and to the european atomic energy community, signed at brussels on the 22nd january 1972; and the decision, of the same date, of the council of the european communities relating to the accession of the united kingdom to the european coal and steel community; and the treaty relating to the accession of the hellenic republic to the european economic community and to the european atomic energy community, signed at athens on 28th may 1979; and the decision, of 24th may 1979, of the council relating to the accession of the hellenic republic to the european coal and steel community; and the decisions of the council of 7th may 1985, 24th june 1988, 31st october 1994, 29th september 2000 and 7th june 2007 on the communities' system of own resources; and the treaty relating to the accession of the kingdom of spain and the portuguese republic to the european economic community and to the european atomic energy community, signed at lisbon and madrid on 12th june 1985; and the decision, of 11th june 1985, of the council relating to the accession of the kingdom of spain and the portuguese republic to the european coal and steel community; and the following provisions of the single european act signed at luxembourg and the hague on 17th and 28th february 1986, namely title ii (amendment of the treaties establishing the communities) and, so far as they relate to any of the communities or any community institution, the preamble and titles i (common provisions) and iv (general and final provisions); and titles ii, iii and iv of the treaty on european union signed at maastricht on 7th february 1992, together with the other provisions of the treaty so far as they relate to those titles, and the protocols adopted at maastricht on that date and annexed to the treaty establishing the european community with the exception of the protocol on social policy on page 117 of cm 1934; and the decision, of 1st february 1993, of the council amending the act concerning the election of the representatives of the european parliament by direct universal suffrage annexed to council decision 76/787/ecsc, eec, euratom of 20th september 1976; and the agreement on the european economic area signed at oporto on 2nd may 1992 together with the protocol adjusting that agreement signed at brussels on 17th march 1993; and the treaty concerning the accession of the kingdom of norway, the republic of austria, the republic of finland and the kingdom of sweden to the european union, signed at corfu on 24th june 1994; and the following provisions of the treaty signed at amsterdam on 2nd october 1997 amending the treaty on european union, the treaties establishing the european communities and certain related acts— articles 2 to 9, article 12, and the other provisions of the treaty so far as they relate to those articles, and the protocols adopted on that occasion other than the protocol on article j.7 of the treaty on european union; and the following provisions of the treaty signed at nice on 26th february 2001 amending the treaty on european union, the treaties establishing the european communities and certain related acts— articles 2 to 10, and the other provisions of the treaty so far as they relate to those articles, and the protocols adopted on that occasion; and the treaty concerning the accession of the czech republic, the republic of estonia, the republic of cyprus, the republic of latvia, the republic of lithuania, the republic of hungary, the republic of malta, the republic of poland, the republic of slovenia and the slovak republic to the european union, signed at athens on 16th april 2003; and the treaty concerning the accession of the republic of bulgaria and romania to the european union, signed at luxembourg on 25th april 2005; and the treaty of lisbon amending the treaty on european union and the treaty establishing the european community signed at lisbon on 13th december 2007 (together with its annex and protocols), excluding any provision that relates to, or in so far as it relates to or could be applied in relation to, the common foreign and security policy; and the protocol amending the protocol (no. 36) on transitional provisions annexed to the treaty on european union, to the treaty on the functioning of the european union and to the treaty establishing the european atomic energy community, signed at brussels on 23 june 2010; and the treaty concerning the accession of the republic of croatia to the european union, signed at brussels on 9 december 2011; and the protocol on the concerns of the irish people on the treaty of lisbon, adopted at brussels on 16 may 2012; and any other treaty entered into by the eu (except in so far as it relates to, or could be applied in relation to, the common foreign and security policy) , with or without any of the member states, or entered into, as a treaty ancillary to any of the treaties, by the united kingdom; and any expression defined in schedule 1 to this act has the meaning there given to it. if her majesty by order in council declares that a treaty specified in the order is to be regarded as one of the eu treaties as herein defined, the order shall be conclusive that it is to be so regarded; but a treaty entered into by the united kingdom after the 22nd january 1972, other than a pre-accession treaty to which the united kingdom accedes on terms settled on or before that date, shall not be so regarded unless it is so specified, nor be so specified unless a draft of the order in council has been approved by resolution of each house of parliament. for purposes of subsections (2) and (3) above, “treaty” includes any international agreement, and any protocol or annex to a treaty or international agreement. 2. general implementation of treaties all such rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the treaties, and all such remedies and procedures from time to time provided for by or under the treaties, as in accordance with the treaties are without further enactment to be given legal effect or used in the united kingdom shall be recognised and available in law, and be enforced, allowed and followed accordingly; and the expression “enforceable eu right” and similar expressions shall be read as referring to one to which this subsection applies. subject to schedule 2 to this act, at any time after its passing her majesty may by order in council, and any designated minister or department may by order, rules, regulations or scheme, make provision— for the purpose of implementing any eu obligation of the united kingdom, or enabling any such obligation to be implemented, or of enabling any rights enjoyed or to be enjoyed by the united kingdom under or by virtue of the treaties to be exercised; or for the purpose of dealing with matters arising out of or related to any such obligation or rights or the coming into force, or the operation from time to time, of subsection (1) above; and in the exercise of any statutory power or duty, including any power to give directions or to legislate by means of orders, rules, regulations or other subordinate instrument, the person entrusted with the power or duty may have regard to the objects of the eu and to any such obligation or rights as aforesaid. in this subsection “designated minister or department” means such minister of the crown or government department as may from time to time be designated by order in council in relation to any matter or for any purpose, but subject to such restrictions or conditions (if any) as may be specified by the order in council. there shall be charged on and issued out of the consolidated fund or, if so determined by the treasury, the national loans fund the amounts required to meet any eu obligation to make payments to the eu or a member state, or any eu obligation in respect of contributions to the capital or reserves of the european investment bank or in respect of loans to the bank, or to redeem any notes or obligations issued or created in respect of any such eu obligation and, except as otherwise provided by or under any enactment,— any other expenses incurred under or by virtue of the treaties or this act by any minister of the crown or government department may be paid out of moneys provided by parliament; and any sums received under or by virtue of the treaties or this act by any minister of the crown or government department, save for such sums as may be required for disbursements permitted by any other enactment, shall be paid into the consolidated fund or, if so determined by the treasury, the national loans fund. the provision that may be made under subsection (2) above includes, subject to schedule 2 to this act, any such provision (of any such extent) as might be made by act of parliament, and any enactment passed or to be passed, other than one contained in this part of this act, shall be construed and have effect subject to the foregoing provisions of this section; but, except as may be provided by any act passed after this act, schedule 2 shall have effect in connection with the powers conferred by this and the following sections of this act to make orders in council or orders, rules, regulations or schemes. and the references in that subsection to a minister of the crown or government department and to a statutory power or duty shall include a minister or department of the government of northern ireland and a power or duty arising under or by virtue of an act of the parliament of northern ireland. a law passed by the legislature of any of the channel islands or of the isle of man, or a colonial law (within the meaning of the colonial laws validity act 1865) passed or made for gibraltar, if expressed to be passed or made in the implementation of the treaties and of the obligations of the united kingdom thereunder, shall not be void or inoperative by reason of any inconsistency with or repugnancy to an act of parliament, passed or to be passed, that extends to the island or gibraltar or any provision having the force and effect of an act there (but not including this section), nor by reason of its having some operation outside the island or gibraltar; and any such act or provision that extends to the island or gibraltar shall be construed and have effect subject to the provisions of any such law. 3. decisions on, and proof of, treaties and eu instruments etc for the purposes of all legal proceedings any question as to the meaning or effect of any of the treaties, or as to the validity, meaning or effect of any eu instrument, shall be treated as a question of law (and, if not referred to the european court, be for determination as such in accordance with the principles laid down by and any relevant decision of the european court). judicial notice shall be taken of the treaties, of the official journal of the european union and of any decision of, or expression of opinion by, the european court on any such question as aforesaid; and the official journal shall be admissible as evidence of any instrument or other act thereby communicated of the eu or of any eu institution. evidence of any instrument issued by an eu institution, including any judgment or order of the european court, or of any document in the custody of an eu institution, or any entry in or extract from such a document, may be given in any legal proceedings by production of a copy certified as a true copy by an official of that institution; and any document purporting to be such a copy shall be received in evidence without proof of the official position or handwriting of the person signing the certificate. evidence of any eu instrument may also be given in any legal proceedings— by production of a copy purporting to be printed by the queen’s printer; where the instrument is in the custody of a government department (including a department of the government of northern ireland), by production of a copy certified on behalf of the department to be a true copy by an officer of the department generally or specially authorised so to do; and any document purporting to be such a copy as is mentioned in paragraph (b) above of an instrument in the custody of a department shall be received in evidence without proof of the official position or handwriting of the person signing the certificate, or of his authority to do so, or of the document being in the custody of the department. in any legal proceedings in scotland evidence of any matter given in a manner authorised by this section shall be sufficient evidence of it. part ii. amendment of law 4. general provision for repeal and amendment the enactments mentioned in schedule 3 to this act (being enactments that are superseded or to be superseded by reason of eu obligations and of the provision made by this act in relation thereto or are not compatible with eu obligations) are hereby repealed, to the extent specified in column 3 of the schedule, with effect from the entry date or other date mentioned in the schedule; and in the enactments mentioned in schedule 4 to this act there shall, subject to any transitional provision there included, be made the amendments provided for by that schedule. where in any part of schedule 3 to this act it is provided that repeals made by that part are to take effect from a date appointed by order, the orders shall be made by statutory instrument, and an order may appoint different dates for the repeal of different provisions to take effect, or for the repeal of the same provision to take effect for different purposes; and an order appointing a date for a repeal to take effect may include transitional and other supplementary provisions arising out of that repeal, including provisions adapting the operation of other enactments included for repeal but not yet repealed by that schedule, and may amend or revoke any such provisions included in a previous order. where any of the following sections of this act, or any paragraph of schedule 4 to this act, affects or is construed as one with an act or part of an act similar in purpose to provisions having effect only in northern ireland, then— unless otherwise provided by act of the parliament of northern ireland, the governor of northern ireland may by order in council make provision corresponding to any made by the section or paragraph, and amend or revoke any provision so made; and [repealed] where schedule 3 or 4 to this act provides for the repeal or amendment of an enactment that extends or is capable of being extended to any of the channel islands or the isle of man, the repeal or amendment shall in like manner extend or be capable of being extended thereto. 5. customs duties subject to subsection (2) below, on and after the relevant date there shall be charged, levied, collected and paid on goods imported into the united kingdom such eu customs duty, if any, as is for the time being applicable in accordance with the treaties or, if the goods are not within the common customs tariff of the eu and the duties chargeable are not otherwise fixed by any directly applicable eu provision, such duty of customs, if any, as the treasury, on the recommendation of the secretary of state, may by order specify. for this purpose “the relevant date”, in relation to any goods, is the date on and after which the duties of customs that may be charged thereon are no longer affected under the treaties by any temporary provision made on or with reference to the accession of the united kingdom to the communities. where as regards goods imported into the united kingdom provision may, in accordance with the treaties, be made in derogation of the common customs tariff or of the exclusion of customs duties as between member states, the treasury may by order make such provision as to the customs duties chargeable on the goods, or as to exempting the goods from any customs duty, as the treasury may on the recommendation of the secretary of state determine. schedule 2 to this act shall also have effect in connection with the powers to make orders conferred by subsections (1) and (2) above. [repealed] [repealed] [repealed] 6. the common agricultural policy [repealed] [repealed] sections 5 and 7 of the agriculture act 1957 (which make provision for the support of arrangements under section 1 of that act for providing guaranteed prices or assured markets) shall apply in relation to any eu arrangements for or related to the regulation of the market for any agricultural produce as if references, in whatever terms, to payments made by virtue of section 1 were references to payments made by virtue of the eu arrangements by or on behalf of the relevant minister and as if for every reference in section 5 to the minister there were substituted a reference to the relevant minister. agricultural levies of the eu, so far as they are charged on goods exported from the united kingdom or shipped as stores, shall be paid to and recoverable by the relevant minister; and the power of the relevant minister to make orders under section 5 of the agriculture act 1957, as extended by this section, shall include power to make such provision supplementary to any directly applicable eu provision as the relevant minister considers necessary for securing the payment of any agricultural levies so charged, including provision for the making of declarations or the giving of other information in respect of goods exported, shipped as stores, or otherwise dealt with. except as otherwise provided by or under any enactment, agricultural levies of the eu, so far as they are charged on goods imported into the united kingdom, shall be levied, collected and paid, and the proceeds shall be dealt with, as if they were eu customs duties, and in relation to those levies the following enactments shall apply as they would apply in relation to eu customs duties, that is to say:— the customs and excise management act 1979 (as for the time being amended by any later act) and any other statutory provisions for the time being in force relating generally to customs or excise duties on imported goods; and sections 1, 3, 4, 5, 6 (including schedule 1), 7, 8, 9, 12, 13, 15, 17 and 18 of the customs and excise duties (general reliefs) act 1979 but so that— any references in sections 1, 3 and 4 to the secretary of state shall include the ministers; and the reference in section 15 to an application for an authorisation under regulations made under section 2 of that act shall be read as a reference to an application for an authorisation under regulations made under section 2(2) of this act; and, if, in connection with any such eu arrangements as aforesaid, the commissioners of customs and excise are charged with the performance, on behalf of the board or otherwise, of any duties in relation to the payment of refunds or allowances on goods exported or to be exported from the united kingdom, then in relation to any such refund or allowance section 133 (except subsection (3) and the reference to that subsection in subsection (2) and section 159 of the customs and excise management act 1979 shall apply as they apply in relation to a drawback of excise duties, and other provisions of that act shall have effect accordingly. the enactments applied by subsection (5)(a) above shall apply subject to such exceptions and modifications, if any, as the commissioners of customs and excise may by regulations prescribe, and shall be taken to include section 10 of the finance act 1901 (which relates to changes in customs import duties in their effect on contracts), but shall not include section 126 of the customs and excise management act 1979 (charge of duty on manufactured or composite articles). [repealed] expressions used in this section shall be construed as if contained in part i of the agriculture act 1957; and in this section “agricultural levy” shall include any tax not being a customs duty, but of equivalent effect, that may be chargeable in accordance with any such eu arrangements as aforesaid, and “statutory provision” includes any provision having effect by virtue of any enactment and, in subsection (2), any enactment of the parliament of northern ireland or provision having effect by virtue of such an enactment. [repealed] [repealed] [repealed] [repealed] 11. eu offences a person who, in sworn evidence before the the european court, makes any statement which he knows to be false or does not believe to be true shall, whether he is a british subject or not, be guilty of an offence and may be proceeded against and punished— in england and wales as for an offence against section 1(1) of the perjury act 1911; or in scotland as for an offence against section 44(1) of the criminal law (consolidation) (scotland) act 1995; or in northern ireland as for an offence against article 3(1) of the perjury (northern ireland) order 1979. where a report is made as to any such offence under the authority of the the european court then a bill of indictment for the offence may, in england or wales or in northern ireland, be preferred as in a case where a prosecution is ordered under section 9 of the perjury act 1911 or article 13 of the perjury (northern ireland) order 1979, but the report shall not be given in evidence on a person’s trial for the offence. where a person (whether a british subject or not) owing either— to his duties as a member of any euratom institution or committee, or as an officer or servant of euratom; or to his dealings in any capacity (official or unofficial) with any euratom institution or installation or with any euratom joint enterprise; has occasion to acquire, or obtain cognisance of, any classified information, he shall be guilty of a misdemeanour if, knowing or having reason to be believe that it is classified information, he communicates it to any unauthorised person or makes any public disclosure of it, whether in the united kingdom or elsewhere and whether before or after the termination of those duties or dealings; and for this purpose “classified information” means any facts, information, knowledge, documents or objects that are subject to the security rules of a member state or of any euratom institution. this subsection shall be construed, and the official secrets acts 1911 to 1939 shall have effect, as if this subsection were contained in the official secrets act 1911, but so that in that act sections 10 and 11, except section 10(4), shall not apply. this section shall not come into force until the entry date. 12. furnishing of information to eu estimates, returns and information that may under section 9 of the statistics of trade act 1947 or section 3 of the agricultural statistics act 1979 be disclosed to a government department, the scottish ministers or minister in charge of a government department may, in like manner, be disclosed in pursuance of an eu obligation to an eu institution. [schedules omitted due to length full text of schedules can be found online at http://www.legislation.gov.uk/ukpga/1972/68/schedules] senior courts act 1981 preamble an act to consolidate with amendments the supreme court of judicature (consolidation) act 1925 and other enactments relating to the senior courts in england and wales and the administration of justice therein; to repeal certain obsolete or unnecessary enactments so relating; to amend part viii of the mental health act 1959, the courts-martial (appeals) act 1968, the arbitration act 1979 and the law relating to county courts; and for connected purposes. [28th july 1981] part i. constitution of senior courts subheading 1. the senior courts 1. the senior courts the senior courts of england and wales shall consist of the court of appeal, the high court of justice and the crown court, each having such jurisdiction as is conferred on it by or under this or any other act. the lord chancellor shall be president of the senior courts. subheading 2. the court of appeal 2. the court of appeal the court of appeal shall consist of ex-officio judges, and ordinary judges, of whom the maximum full-time equivalent number is 38. the following shall be ex-officio judges of the court of appeal— [repealed] any person who was lord chancellor before 12 june 2003; any judge of the supreme court who at the date of his appointment was, or was qualified for appointment as, an ordinary judge of the court of appeal or held an office within paragraphs (d) to (g); the lord chief justice; the master of the rolls; the president of the queen's bench division; the president of the family division; the chancellor of the high court; but a person within paragraph (b) or (c) shall not be required to sit and act as a judge of the court of appeal unless at the request of the lord chief justice he consents to do so. the lord chief justice may nominate a judicial office holder (as defined in section 109(4) of the constitutional reform act 2005) to exercise his function under subsection (2) of making requests to persons within paragraphs (b) and (c) of that subsection. an ordinary judge of the court of appeal (including the vice-president, if any, of either division) shall be styled “lord justice of appeal” or “lady justice of appeal”. her majesty may by order in council from time to time amend subsection (1) so as to increase or further increase the maximum full-time equivalent number of ordinary judges of the court of appeal. it is for the lord chancellor to recommend to her majesty the making of an order under subsection (4). no recommendation shall be made to her majesty in council to make an order under subsection (4) unless a draft of the order has been laid before parliament and approved by resolution of each house of parliament. the court of appeal shall be taken to be duly constituted notwithstanding any vacancy in the office of lord chief justice, master of the rolls, president of the queen's bench division, president of the family division or chancellor of the high court. for the purposes of this section the full-time equivalent number of ordinary judges is to be calculated by taking the number of full-time ordinary judges and adding, for each ordinary judge who is not a full-time ordinary judge, such fraction as is reasonable. 3. divisions of court of appeal there shall be two divisions of the court of appeal, namely the criminal division and the civil division. the lord chief justice shall be president of the criminal division of the court of appeal, and the master of the rolls shall be president of the civil division of that court. the lord chief justice may, after consulting the lord chancellor appoint one of the ordinary judges of the court of appeal as vice-president of both divisions of that court, or one of those judges as vice-president of the criminal division and another of them as vice-president of the civil division. when sitting in a court of either division of the court of appeal in which no ex-officio judge of the court of appeal is sitting, the vice-president (if any) of that division shall preside. any number of courts of either division of the court of appeal may sit at the same time. the lord chief justice may nominate a judicial office holder (as defined in section 109(4) of the constitutional reform act 2005) to exercise his functions under subsection (3). subheading 3. the high court 4. the high court the high court shall consist of [repealed] the lord chief justice; the president of the queen's bench division; the president of the family division; the chancellor of the high court; the senior presiding judge the vice-president of the queen’s bench division; and the puisne judges of that court, of whom the maximum full-time equivalent number is 108. the puisne judges of the high court shall be styled “justices of the high court”. all the judges of the high court shall, except where this act expressly provides otherwise, have in all respects equal power, authority and jurisdiction. her majesty may by order in council from time to time amend subsection (1) so as to increase or further increase the maximum full-time equivalent number of puisne judges of the high court. it is for the lord chancellor to recommend to her majesty the making of an order under subsection (4). no recommendation shall be made to her majesty in council to make an order under subsection (4) unless a draft of the order has been laid before parliament and approved by resolution of each house of parliament. the high court shall be taken to be duly constituted notwithstanding any vacancy in the office of lord chief justice, president of the queen's bench division, president of the family division, chancellor of the high courtor senior presiding judge and whether or not an appointment has been made to the office of vice-president of the queen’s bench division. for the purposes of this section the full-time equivalent number of puisne judges is to be calculated by taking the number of full-time puisne judges and adding, for each puisne judge who is not a full-time puisne judge, such fraction as is reasonable. 5. divisions of high court there shall be three divisions of the high court namely— the chancery division, consisting of the chancellor of the high court, who shall be president thereof, the vice-chancellor, who shall be vice-president thereof, and such of the puisne judges as are for the time being attached thereto in accordance with this section; the queen’s bench division, consisting of the lord chief justice, the president of the queen's bench division, the vice-president of the queen’s bench division and such of the puisne judges as are for the time being so attached thereto; and the family division, consisting of the president of the family division and such of the puisne judges as are for the time being so attached thereto. the puisne judges of the high court shall be attached to the various divisions by direction given by the lord chief justice after consulting the lord chancellor; and any such judge may with his consent be transferred from one division to another by direction given by the lord chief justice after consulting the lord chancellor, but shall be so transferred only with the concurrence of the senior judge of the division from which it is proposed to transfer him. any judge attached to any division may act as an additional judge of any other division at the request of the lord chief justice made with the concurrence of both of the following— the senior judge of the division to which the judge is attached; the senior judge of the division of which the judge is to act as an additional judge. nothing in this section shall be taken to prevent a judge of any division (whether nominated under section 6(2) or not) from sitting, whenever required, in a divisional court of another division or for any judge of another division. without prejudice to the provisions of this act relating to the distribution of business in the high court, all jurisdiction vested in the high court under this act shall belong to all the divisions alike. the lord chief justice may nominate a judicial office holder (as defined in section 109(4) of the constitutional reform act 2005) to exercise his functions under subsection (2). 6. the patents, admiralty and commercial courts there shall be— as part of the chancery division, a patents court; and as parts of the queen’s bench division, an admiralty court and a commercial court. the judges of the patents court, of the admiralty court and of the commercial court shall be such of the puisne judges of the high court as the lord chief justice may, after consulting the lord chancellor, from time to time nominate to be judges of the patents court, admiralty judges and commercial judges respectively. the lord chief justice may nominate a judicial office holder (as defined in section 109(4) of the constitutional reform act 2005) to exercise his functions under subsection (2). 7. power to alter divisions or transfer certain courts to different divisions her majesty may from time to time, on a recommendation of the lord chancellor and the judges mentioned in subsection (2), by order in council direct that— any increase or reduction in the number of divisions of the high court; or the transfer of any of the courts mentioned in section 6(1) to a different division, be carried into effect in pursuance of the recommendation. those judges are the lord chief justice, the master of the rolls, the president of the queen's bench division, the president of the family division and the chancellor of the high court an order in council under this section may include such incidental, supplementary or consequential provisions as appear to her majesty necessary or expedient, including amendments of provisions referring to particular divisions contained in this act or any other statutory provision. any order in council under this section shall be subject to annulment in pursuance of a resolution of either house of parliament. subheading 4. the crown court 8. the crown court the jurisdiction of the crown court shall be exercisable by— any judge of the high court; or any circuit judge , recorder, qualifying judge advocate or district judge (magistrates' courts); or subject to and in accordance with the provisions of sections 74 and 75(2), a judge of the high court, circuit judge or recorder or qualifying judge advocate sitting with not more than four justices of the peace, and any such persons when exercising the jurisdiction of the crown court shall be judges of the crown court. the jurisdiction of the crown court exercisable by a qualifying judge advocate by virtue of subsection (1) is the jurisdiction of the court in relation to any criminal cause or matter other than an appeal from a youth court. a justice of the peace is not disqualified from acting as a judge of the crown court merely because the proceedings are not at a place within the local justice area to which he is assigned or because the proceedings are not related to that area in any other way. when the crown court sits in the city of london it shall be known as the central criminal court; and the lord mayor of the city and any alderman of the city shall be entitled to sit as judges of the central criminal court with any judge of the high court , circuit judge, recorder, qualifying judge advocate or district judge (magistrates' courts). subsection (1a) does not affect the jurisdiction of the crown court exercisable by a person who holds an office mentioned in subsection (1)(a) or (b) where that person is also a qualifying judge advocate. subheading 5. other provisions 9. assistance for transaction of judicial business a person within any entry in column 1 of the following table may subject to the provision at the end of that table at any time, at the request of the appropriate authority, act— as a judge of a relevant court specified in the request; or if the request relates to a particular division of a relevant court so specified, as a judge of that court in that division. table key: column 1 = judge or ex-judge; column 2 = where competent to act on request row 1 column 1 a judge of the court of appeal. column 2 the high court and the crown court. row 2 column 1 a person who has been a judge of the court of appeal. column 2 the court of appeal, the high court, the family court, the county court and the crown court. row 3 column 1 a puisne judge of the high court. column 2 the court of appeal. row 4 column 1 a person who has been a puisne judge of the high court. column 2 the court of appeal, the high court, the family court, the county court and the crown court. row 4a column 1 the senior president of tribunals. column 2 the court of appeal and the high court. row 5 column 1 a circuit judge. column 2 the high court and the court of appeal. row 6 column 1 a recorder or a person within subsection (1zb). column 2 the high court. the entry in column 2 specifying the court of appeal in relation to a circuit judge only authorises such a judge to act as a judge of a court in the criminal division of the court of appeal. the senior president of tribunals is to be treated as not being within any entry in column 1 of the table other than entry 4a. a person is within this subsection if the person— is a chamber president, or a deputy chamber president, of a chamber of the upper tribunal or of a chamber of the first-tier tribunal, is a judge of the upper tribunal by virtue of appointment under paragraph 1(1) of schedule 3 to the tribunals, courts and enforcement act 2007, is a transferred-in judge of the upper tribunal (see section 31(2) of that act), is a deputy judge of the upper tribunal (whether under paragraph 7 of schedule 3 to, or section 31(2) of, that act), or is the president of employment tribunals (england and wales) or the president of employment tribunals (scotland). a person shall not act as a judge by virtue of subsection (1) after the day on which he attains the age of 75. in subsection (1)— “the appropriate authority” means— “relevant court”, in the case of a person within any entry in column 1 of the table, means a court specified in relation to that entry in column 2 of the table. the power of the appropriate authority to make a request under subsection (1) is subject to subsections (2b) to (2d). in the case of a request to a person within entry 1, 3, 4a, 5 or 6 in column 1 of the table, the appropriate authority may make the request only after consulting the lord chancellor. in any other case the appropriate authority may make a request only with the concurrence of the lord chancellor. in the case of a request to a person within entry 5 or 6 in column 1 of the table to act as a judge of the high court, the appropriate authority may make the request only if the person is a member of the pool for requests under subsection (1) to persons within that entry. in the case of a request to a circuit judge to act as a judge of the court of appeal, the appropriate authority may make the request only with the concurrence of the judicial appointments commission. the person to whom a request is made under subsection (1) must comply with the request, but this does not apply to— a request made to a person who has been a judge of the court of appeal, a request made to a person who has been a puisne judge of the high court and is not a judge of the court of appeal, or a request made to the senior president of tribunals if the holder of that office is a judge of the court of session or of the high court, or court of appeal, in northern ireland. it shall be the duty of the person to whom the request is made to comply with it. without prejudice to section 24 of the courts act 1971 (temporary appointment of deputy circuit judges), if it appears to the lord chief justice, after consulting the lord chancellor,that it is expedient as a temporary measure to make an appointment under this subsection in order to facilitate the disposal of business in the high court or the crown court or any other court or tribunal to which persons appointed under this subsection may be deployed, he may appoint a person qualified for appointment as a puisne judge of the high court to be a deputy judge of the high court during such period or on such occasions as the lord chief justice may, after consulting the lord chancellor, think fit; and during the period or on the occasions for which a person is appointed as a deputy judge under this subsection, he may act as a puisne judge of the high court. no appointment of a person as a deputy judge of the high court shall be such as to extend beyond the day on which he attains the age of 70, but this subsection is subject to section 26(4) to (6) of the judicial pensions and retirement act 1993 (lord chancellor’s power to authorise continuance in office up to the age of 75). every person while acting under this section shall, subject to subsections (6) and (6a), be treated for all purposes as, and accordingly may perform any of the functions of, a judge of the court in which he is acting. a person shall not by virtue of subsection (5)— be treated as a judge of the court in which he is acting for the purposes of section 98(2) or of any statutory provision relating to— the appointment, retirement, removal or disqualification of judges of that court; the tenure of office and oaths to be taken by such judges; or the remuneration, allowances or pensions of such judges; or subject to section 27 of the judicial pensions and retirement act 1993, be treated as having been a judge of a court in which he has acted only under this section. a circuit judge or recorder or person within subsection (1zb) shall not by virtue of subsection (5) exercise any of the powers conferred on a single judge by sections 31 , 31b, 31c and 44 of the criminal appeal act 1968 (powers of single judge in connection with appeals to the court of appeal and appeals from the court of appeal to the senior courts). [repealed] such remuneration and allowances as the lord chancellor may, with the concurrence of the minister for the civil service, determine may be paid out of money provided by parliament— to any person who has been— a judge of the supreme court; or a judge of the court of appeal; or a judge of the high court, and is by virtue of subsection (1) acting as mentioned in that subsection; to any deputy judge of the high court appointed under subsection (4). a person may be removed from office as a deputy judge of the high court— only by the lord chancellor with the agreement of the lord chief justice, and only on— the ground of inability or misbehaviour, or a ground specified in the person's terms of appointment. subject to the preceding provisions of this section, a person appointed under subsection (4) is to hold and vacate office as a deputy judge of the high court in accordance with the terms of the person's appointment, which are to be such as the lord chancellor may determine. the lord chief justice may nominate a senior judge (as defined in section 109(5) of the constitutional reform act 2005) to exercise functions of the lord chief justice under this section. 10. appointment of judges of senior courts whenever the office of lord chief justice, master of the rolls, president of the queen's bench division, president of the family division or chancellor of the high court is vacant, her majesty may , on the recommendation of the lord chancellor, by letters patent appoint a qualified person to that office. subject to the limits on full-time equivalent numbers for the time being imposed by sections 2(1) and 4(1), her majesty may , on the recommendation of the lord chancellor, from time to time by letters patent appoint qualified persons as lords justices of appeal or as puisne judges of the high court. no person shall be qualified for appointment— as lord chief justice, master of the rolls, president of the queen's bench division, president of the family division or chancellor of the high court, unless he is qualified for appointment as a lord justice of appeal or is a judge of the court of appeal; as a lord justice of appeal, unless— he satisfies the judicial-appointment eligibility condition on a 7-year basis; or he is a judge of the high court; or as a puisne judge of the high court, unless— he satisfies the judicial-appointment eligibility condition on a 7-year basis; or he is a circuit judge who has held that office for at least 2 years. a person appointed— to any of the offices mentioned in subsection (1), as a lord justice of appeal, or as a puisne judge of the high court, shall take the required oaths as soon as may be after accepting office. in the case of a person appointed to the office of lord chief justice, the required oaths are to be taken in the presence of all of the following— the master of the rolls; the president of the queen's bench division; the president of the family division; the chancellor of the high court. where subsection (5) applies but there is a vacancy in one or more (but not all) of the offices mentioned in that subsection, the required oaths are to be taken in the presence of the holders of such of the offices as are not vacant. where the holder of an office mentioned in subsection (5) is incapable of exercising the functions of the office, the office is to be treated as vacant for the purposes of subsection (6). in the case of a person appointed other than to the office of lord chief justice, the required oaths are to be taken in the presence of— the lord chief justice, or a judicial office holder (as defined in section 109(4) of the constitutional reform act 2005) nominated by him for this purpose. in this section “required oaths” means— the oath of allegiance, and the judicial oath, as set out in the promissory oaths act 1868. 11. tenure of office of judges of senior courts this section applies to the office of any judge of the senior courts a person appointed to an office to which this section applies shall vacate it on the day on which he attains the age of seventy years unless by virtue of this section he has ceased to hold it before then. a person appointed to an office to which this section applies shall hold that office during good behaviour, subject to a power of removal by her majesty on an address presented to her by both houses of parliament. it is for the lord chancellor to recommend to her majesty the exercise of the power of removal under subsection (3). a person holding an office within section 2(2)(d) to (g) shall vacate that office on becoming a judge of the supreme court. a lord justice of appeal shall vacate that office on becoming an ex-officio judge of the court of appeal. a puisne judge of the high court shall vacate that office on becoming a judge of the court of appeal. a person who holds an office to which this section applies may at any time resign it by giving the lord chancellor notice in writing to that effect. the lord chancellor, if satisfied by means of a medical certificate that a person holding an office to which this section applies— is disabled by permanent infirmity from the performance of the duties of his office; and is for the time being incapacitated from resigning his office, may, subject to subsection (9), by instrument under his hand declare that person’s office to have been vacated; and the instrument shall have the like effect for all purposes as if that person had on the date of the instrument resigned his office. a declaration under subsection (8) with respect to a person shall be of no effect unless it is made— in the case of any of the lord chief justice, the master of the rolls, the president of the queen's bench division, the president of the family division and the chancellor of the high court, with the concurrence of two others of them; in the case of a lord justice of appeal, with the concurrence of the master of the rolls; in the case of a puisne judge of any division of the high court, with the concurrence of the senior judge of that division. [repealed] 12. salaries etc. of judges of senior courts subject to subsections (2) and (3), there shall be paid to judges of the senior courts such salaries as may be determined by the lord chancellor with the concurrence of the minister for the civil service. until otherwise determined under this section, there shall be paid to the judges mentioned in subsection (1) the same salaries as at the commencement of this act. any salary payable under this section may be increased, but not reduced, by a determination or further determination under this section. [repealed] salaries payable under this section shall be charged on and paid out of the consolidated fund. there shall be paid out of money provided by parliament to any judge of the court of appeal or of the high court, in addition to his salary, such allowances as may be determined by the lord chancellor with the concurrence of the minister for the civil service. pensions shall be payable to or in respect of the judges mentioned in subsection (1) in accordance with section 2 of the judicial pensions act 1981 or, in the case of a judge who is a person to whom part i of the judicial pensions and retirement act 1993 applies, in accordance with that act. 13. precedence of judges of senior courts when sitting in the court of appeal— the lord chief justice and the master of the rolls shall rank in that order; and judges of the supreme court and persons who have been lord chancellor shall rank next after the master of the rolls and, among themselves, according to the priority of the dates on which they respectively became judges of the supreme court or lord chancellor, as the case may be. subject to subsection (1)(b), the president of the queen's bench division shall rank next after the master of the rolls. the president of the family division shall rank next after the president of the queen's bench division. the chancellor of the high court shall rank next after the president of the family division. the vice-president or vice-presidents of the divisions of the court of appeal shall rank next after the chancellor of the high court; and if there are two vice-presidents of those divisions, they shall rank, among themselves, according to the priority of the dates on which they respectively became vice-presidents. the lords justices of appeal (other than the vice-president or vice-presidents of the divisions of the court of appeal) shall rank after the ex-officio judges of the court of appeal and, among themselves, according to the priority of the dates on which they respectively became judges of that court. the puisne judges of the high court shall rank next after the judges of the court of appeal and, among themselves, according to the priority of the dates on which they respectively became judges of the high court. 14. power of judge of senior courts or crown court to act in cases relating to rates and taxes a judge of the senior courts or of the crown court shall not be incapable of acting as such in any proceedings by reason of being, as one of a class of ratepayers, taxpayers or persons of any other description, liable in common with others to pay, or contribute to, or benefit from, any rate or tax which may be increased, reduced or in any way affected by those proceedings. in this section “rate or tax” means any rate, tax, duty or liability, whether public, general or local, and includes— any fund formed from the proceeds of any such rate, tax, duty or liability; and any fund applicable for purposes the same as, or similar to, those for which the proceeds of any such rate, tax, duty or liability are or might be applied. part ii. jurisdiction heading 1. the court of appeal 15. general jurisdiction of court of appeal the court of appeal shall be a superior court of record. subject to the provisions of this act, there shall be exercisable by the court of appeal— all such jurisdiction (whether civil or criminal) as is conferred on it by this or any other act; and all such other jurisdiction (whether civil or criminal) as was exercisable by it immediately before the commencement of this act. for all purposes of or incidental to— the hearing and determination of any appeal to the civil division of the court of appeal; and the amendment, execution and enforcement of any judgment or order made on such an appeal, the court of appeal shall have all the authority and jurisdiction of the court or tribunal from which the appeal was brought. it is hereby declared that any provision in this or any other act which authorises or requires the taking of any steps for the execution or enforcement of a judgment or order of the high court applies in relation to a judgment or order of the civil division of the court of appeal as it applies in relation to a judgment or order of the high court. 16. appeals from high court subject as otherwise provided by this or any other act (and in particular to the provision in section 13(2)(a) of the administration of justice act 1969 excluding appeals to the court of appeal in cases where leave to appeal from the high court directly to the senior courts is granted under part ii of that act), or as provided by any order made by the lord chancellor under section 56(1) of the access to justice act 1999, the court of appeal shall have jurisdiction to hear and determine appeals from any judgment or order of the high court. an appeal from a judgment or order of the high court when acting as a prize court shall not be to the court of appeal, but shall be to her majesty in council in accordance with the prize acts 1864 to 1944. 17. applications for new trial where any cause or matter, or any issue in any cause or matter, has been tried in the high court, any application for a new trial thereof, or to set aside a verdict, finding or judgment therein, shall be heard and determined by the court of appeal except where rules of court made in pursuance of subsection (2) provide otherwise. as regards cases where the trial was by a judge alone and no error of the court at the trial is alleged, or any prescribed class of such cases, rules of court may provide that any such application as is mentioned in subsection (1) shall be heard and determined by the high court. nothing in this section shall alter the practice in bankruptcy. 18. restrictions on appeals to court of appeal no appeal shall lie to the court of appeal— except as provided by the administration of justice act 1960, from any judgment of the high court in any criminal cause or matter; from any order of the high court or any other court or tribunal allowing an extension of time for appealing from a judgment or order; from any order, judgment or decision of the high court or any other court or tribunal which, by virtue of any provision (however expressed) of this or any other act, is final; from a decree absolute of divorce or nullity of marriage, by a party who, having had time and opportunity to appeal from the decree nisi on which that decree was founded, has not appealed from the decree nisi; [repealed] [repealed] from a dissolution order, nullity order or presumption of death order under chapter 2 of part 2 of the civil partnership act 2004 that has been made final, by a party who, having had time and opportunity to appeal from the conditional order on which that final order was founded, has not appealed from the conditional order; except as provided by part i of the arbitration act 1996, from any decision of the high court under that part; [repealed] [repealed] [repealed] [repealed] heading 2. the high court subheading 1. general jurisdiction 19. general jurisdiction of high court the high court shall be a superior court of record. subject to the provisions of this act, there shall be exercisable by the high court— all such jurisdiction (whether civil or criminal) as is conferred on it by this or any other act; and all such other jurisdiction (whether civil or criminal) as was exercisable by it immediately before the commencement of this act (including jurisdiction conferred on a judge of the high court by any statutory provision). any jurisdiction of the high court shall be exercised only by a single judge of that court, except in so far as it is— by or by virtue of rules of court or any other statutory provision required to be exercised by a divisional court; or by rules of court made exercisable by a master, registrar or other officer of the court, or by any other person. the specific mention elsewhere in this act of any jurisdiction covered by subsection (2) shall not derogate from the generality of that subsection. subheading 2. admiralty jurisdiction 20. admiralty jurisdiction of high court the admiralty jurisdiction of the high court shall be as follows, that is to say— jurisdiction to hear and determine any of the questions and claims mentioned in subsection (2); jurisdiction in relation to any of the proceedings mentioned in subsection (3); any other admiralty jurisdiction which it had immediately before the commencement of this act; and any jurisdiction connected with ships or aircraft which is vested in the high court apart from this section and is for the time being by rules of court made or coming into force after the commencement of this act assigned to the queen’s bench division and directed by the rules to be exercised by the admiralty court. the questions and claims referred to in subsection (1)(a) are— any claim to the possession or ownership of a ship or to the ownership of any share therein; any question arising between the co-owners of a ship as to possession, employment or earnings of that ship; any claim in respect of a mortgage of or charge on a ship or any share therein; any claim for damage received by a ship; any claim for damage done by a ship; any claim for loss of life or personal injury sustained in consequence of any defect in a ship or in her apparel or equipment, or in consequence of the wrongful act, neglect or default of— the owners, charterers or persons in possession or control of a ship; or the master or crew of a ship, or any other person for whose wrongful acts, neglects or defaults the owners, charterers or persons in possession or control of a ship are responsible, being an act, neglect or default in the navigation or management of the ship, in the loading, carriage or discharge of goods on, in or from the ship, or in the embarkation, carriage or disembarkation of persons on, in or from the ship; any claim for loss of or damage to goods carried in a ship; any claim arising out of any agreement relating to the carriage of goods in a ship or to the use or hire of a ship; any claim— under the salvage convention 1989; under any contract for or in relation to salvage services; or in the nature of salvage not falling within (i) or (ii) above; or any corresponding claim in connection with an aircraft; any claim in the nature of towage in respect of a ship or an aircraft; any claim in the nature of pilotage in respect of a ship or an aircraft; any claim in respect of goods or materials supplied to a ship for her operation or maintenance; any claim in respect of the construction, repair or equipment of a ship or in respect of dock charges or dues; any claim by a master or member of the crew of a ship for wages (including any sum allotted out of wages or adjudged by a superintendent to be due by way of wages); any claim by a master, shipper, charterer or agent in respect of disbursements made on account of a ship; any claim arising out of an act which is or is claimed to be a general average act; any claim arising out of bottomry; any claim for the forfeiture or condemnation of a ship or of goods which are being or have been carried, or have been attempted to be carried, in a ship, or for the restoration of a ship or any such goods after seizure, or for droits of admiralty. the proceedings referred to in subsection (1)(b) are— any application to the high court under the merchant shipping acts 1894 to 1979 other than an application under the merchant shipping act 1995; any action to enforce a claim for damage, loss of life or personal injury arising out of— a collision between ships; or the carrying out of or omission to carry out a manoeuvre in the case of one or more of two or more ships; or non-compliance, on the part of one or more of two or more ships, with the collision regulations; any action by shipowners or other persons under the merchant shipping act 1995 for the limitation of the amount of their liability in connection with a ship or other property. the jurisdiction of the high court under subsection (2)(b) includes power to settle any account outstanding and unsettled between the parties in relation to the ship, and to direct that the ship, or any share thereof, shall be sold, and to make such other order as the court thinks fit. subsection (2)(e) extends to— any claim in respect of a liability incurred under the chapter iii of part vi of the merchant shipping act 1995; and any claim in respect of a liability falling on the international oil pollution compensation fund, or on the international oil compensation fund 1984, under chapter iv of part vi of the merchant shipping act 1995,or on the international oil pollution compensation supplementary fund 2003. in subsection (2)(j)— the “salvage convention 1989” means the international convention on salvage, 1989 as it has effect under section 224 of the merchant shipping act 1995; the reference to salvage services includes services rendered in saving life from a ship and the reference to any claim under any contract for or in relation to salvage services includes any claim arising out of such a contract whether or not arising during the provision of the services; the reference to a corresponding claim in connection with an aircraft is a reference to any claim corresponding to any claim mentioned in sub-paragraph (i) or (ii) of paragraph (j) which is available under section 87 of the civil aviation act 1982. the preceding provisions of this section apply— in relation to all ships or aircraft, whether british or not and whether registered or not and wherever the residence or domicile of their owners may be; in relation to all claims, wherever arising (including, in the case of cargo or wreck salvage, claims in respect of cargo or wreck found on land); and so far as they relate to mortgages and charges, to all mortgages or charges, whether registered or not and whether legal or equitable, including mortgages and charges created under foreign law: provided that nothing in this subsection shall be construed as extending the cases in which money or property is recoverable under any of the provisions of the merchant shipping act 1995. 21. mode of exercise of admiralty jurisdiction subject to section 22, an action in personam may be brought in the high court in all cases within the admiralty jurisdiction of that court. in the case of any such claim as is mentioned in section 20(2)(a), (c) or (s) or any such question as is mentioned in section 20(2)(b), an action in rem may be brought in the high court against the ship or property in connection with which the claim or question arises. in any case in which there is a maritime lien or other charge on any ship, aircraft or other property for the amount claimed, an action in rem may be brought in the high court against that ship, aircraft or property. in the case of any such claim as is mentioned in section 20(2)(e) to (r), where— the claim arises in connection with a ship; and the person who would be liable on the claim in an action in personam (“the relevant person”) was, when the cause of action arose, the owner or charterer of, or in possession or in control of, the ship, an action in rem may (whether or not the claim gives rise to a maritime lien on that ship) be brought in the high court against— that ship, if at the time when the action is brought the relevant person is either the beneficial owner of that ship as respects all the shares in it or the charterer of it under a charter by demise; or any other ship of which, at the time when the action is brought, the relevant person is the beneficial owner as respects all the shares in it. in the case of a claim in the nature of towage or pilotage in respect of an aircraft, an action in rem may be brought in the high court against that aircraft if, at the time when the action is brought, it is beneficially owned by the person who would be liable on the claim in an action in personam. where, in the exercise of its admiralty jurisdiction, the high court orders any ship, aircraft or other property to be sold, the court shall have jurisdiction to hear and determine any question arising as to the title to the proceeds of sale. in determining for the purposes of subsections (4) and (5) whether a person would be liable on a claim in an action in personam it shall be assumed that he has his habitual residence or a place of business within england or wales. where, as regards any such claim as is mentioned in section 20(2)(e) to (r), a ship has been served with a writ or arrested in an action in rem brought to enforce that claim, no other ship may be served with a writ or arrested in that or any other action in rem brought to enforce that claim; but this subsection does not prevent the issue, in respect of any one such claim, of a writ naming more than one ship or of two or more writs each naming a different ship. 22. restrictions on entertainment of actions in personam in collision and other similar cases this section applies to any claim for damage, loss of life or personal injury arising out of— a collision between ships; or the carrying out of, or omission to carry out, a manoeuvre in the case of one or more of two or more ships; or non-compliance, on the part of one or more of two or more ships, with the collision regulations. the high court shall not entertain any action in personam to enforce a claim to which this section applies unless— the defendant has his habitual residence or a place of business within england or wales; or the cause of action arose within inland waters of england or wales or within the limits of a port of england or wales; or an action arising out of the same incident or series of incidents is proceeding in the court or has been heard and determined in the court. in this subsection— "inland waters" includes any part of the sea adjacent to the coast of the united kingdom certified by the secretary of state to be waters falling by international law to be treated as within the territorial sovereignty of her majesty apart from the operation of that law in relation to territorial waters; "port" means any port, harbour, river, estuary, haven, dock, canal or other place so long as a person or body of persons is empowered by or under an act to make charges in respect of ships entering it or using the facilities therein, and “limits of a port” means the limits thereof as fixed by or under the act in question or, as the case may be, by the relevant charter or custom; "charges" means any charges with the exception of light dues, local light dues and any other charges in respect of lighthouses, buoys or beacons and of charges in respect of pilotage. the high court shall not entertain any action in personam to enforce a claim to which this section applies until any proceedings previously brought by the plaintiff in any court outside england and wales against the same defendant in respect of the same incident or series of incidents have been discontinued or otherwise come to an end. subsections (2) and (3) shall apply to counterclaims (except counterclaims in proceedings arising out of the same incident or series of incidents) as they apply to actions, the references to the plaintiff and the defendant being for this purpose read as references to the plaintiff on the counterclaim and the defendant to the counterclaim respectively. subsections (2) and (3) shall not apply to any action or counterclaim if the defendant thereto submits or has agreed to submit to the jurisdiction of the court. subject to the provisions of subsection (3), the high court shall have jurisdiction to entertain an action in personam to enforce a claim to which this section applies whenever any of the conditions specified in subsection (2)(a) to (c) is satisfied, and the rules of court relating to the service of process outside the jurisdiction shall make such provision as may appear to the rule-making authority to be appropriate having regard to the provisions of this subsection. nothing in this section shall prevent an action which is brought in accordance with the provisions of this section in the high court being transferred, in accordance with the enactments in that behalf, to some other court. for the avoidance of doubt it is hereby declared that this section applies in relation to the jurisdiction of the high court not being admiralty jurisdiction, as well as in relation to its admiralty jurisdiction. 23. high court not to have jurisdiction in cases within rhine convention the high court shall not have jurisdiction to determine any claim or question certified by the secretary of state to be a claim or question which, under the rhine navigation convention, falls to be determined in accordance with the provisions of that convention; and any proceedings to enforce such a claim which are commenced in the high court shall be set aside. 24. supplementary provisions as to admiralty jurisdiction in sections 20 to 23 and this section, unless the context otherwise requires— “collision regulations” means safety regulations under section 85 of the merchant shipping act 1995; “goods” includes baggage; “master” has the same meaning as in the merchant shipping act 1995, and accordingly includes every person (except a pilot) having command or charge of a ship; “the rhine navigation convention” means the convention of the 7th october 1868 as revised by any subsequent convention; “ship” includes any description of vessel used in navigation and (except in the definition of “port” in section 22(2) and in subsection (2)(c) of this section) includes, subject to section 2(3) of the hovercraft act 1968, a hovercraft; “towage” and “pilotage”, in relation to an aircraft, mean towage and pilotage while the aircraft is water-borne. nothing in sections 20 to 23 shall— be construed as limiting the jurisdiction of the high court to refuse to entertain an action for wages by the master or a member of the crew of a ship, not being a british ship; affect the provisions of section 226 of the merchant shipping act 1995 (power of a receiver of wreck to detain a ship in respect of a salvage claim); or authorise proceedings in rem in respect of any claim against the crown, or the arrest, detention or sale of any of her majesty’s ships or her majesty’s aircraft, or, subject to section 2(3) of the hovercraft act 1968, her majesty’s hovercraft, or of any cargo or other property belonging to the crown. in this section— “her majesty’s ships” and “her majesty’s aircraft” have the meanings given by section 38(2) of the crown proceedings act 1947; “her majesty’s hovercraft” means hovercraft belonging to the crown in right of her majesty’s government in the united kingdom or her majesty’s government in northern ireland. subheading 3. other particular fields of jurisdiction 25. probate jurisdiction of high court subject to the provisions of part v, the high court shall, in accordance with section 19(2), have the following probate jurisdiction, that is to say all such jurisdiction in relation to probates and letters of administration as it had immediately before the commencement of this act, and in particular all such contentious and non-contentious jurisdiction as it then had in relation to— testamentary causes or matters; the grant, amendment or revocation of probates and letters of administration; and the real and personal estate of deceased persons. subject to the provisions of part v, the high court shall, in the exercise of its probate jurisdiction, perform all such duties with respect to the estates of deceased persons as fell to be performed by it immediately before the commencement of this act. 26. matrimonial jurisdiction of high court the high court shall, in accordance with section 19(2), have all such jurisdiction in relation to matrimonial causes and matters as was immediately before the commencement of the matrimonial causes act 1857 vested in or exercisable by any ecclesiastical court or person in england or wales in respect of— divorce a mensa et thoro (renamed judicial separation by that act); nullity of marriage; and any matrimonial cause or matter except marriage licences. 27. prize jurisdiction of high court the high court shall, in accordance with section 19(2), have as a prize court— all such jurisdiction as is conferred on it by the prize acts 1864 to 1944 (in which references to the high court of admiralty are by virtue of paragraph 1 of schedule 4 to this act to be construed as references to the high court); and all such other jurisdiction on the high seas and elsewhere as it had as a prize court immediately before the commencement of this act. 28. appeals from crown court and inferior courts subject to subsection (2), any order, judgment or other decision of the crown court may be questioned by any party to the proceedings, on the ground that it is wrong in law or is in excess of jurisdiction, by applying to the crown court to have a case stated by that court for the opinion of the high court. subsection (1) shall not apply to— a judgment or other decision of the crown court relating to trial on indictment; or any decision of that court under the local government (miscellaneous provisions) act 1982 which, by any provision of any of those acts, is to be final. subject to the provisions of this act and to rules of court, the high court shall, in accordance with section 19(2), have jurisdiction to hear and determine— any application, or any appeal (whether by way of case stated or otherwise), which it has power to hear and determine under or by virtue of this or any other act; and all such other appeals as it had jurisdiction to hear and determine immediately before the commencement of this act. in subsection (2)(a) the reference to a decision of the crown court relating to trial on indictment does not include a decision relating to a requirement to make a payment under regulations under section 23 or 24 of the legal aid, sentencing and punishment of offenders act 2012. 28a. proceedings on case stated by magistrates’ court or crown court this section applies where a case is stated for the opinion of the high court— by a magistrates’ court under section 111 of the magistrates’ courts act 1980; or by the crown court under section 28(1) of this act. the high court may, if it thinks fit, cause the case to be sent back for amendment and, where it does so, the case shall be amended accordingly. the high court shall hear and determine the question arising on the case (or the case as amended) and shall— reverse, affirm or amend the determination in respect of which the case has been stated; or remit the matter to the magistrates’ court, or the crown court, with the opinion of the high court, and may make such other order in relation to the matter (including as to costs) as it thinks fit. except as provided by the administration of justice act 1960 (right of appeal to senior courts in criminal cases), a decision of the high court under this section is final. 29. mandatory, prohibiting and quashing orders the orders of mandamus, prohibition and certiorari shall be known instead as mandatory, prohibiting and quashing orders respectively. the high court shall have jurisdiction to make mandatory, prohibiting and quashing orders in those classes of case in which, immediately before 1st may 2004, it had jurisdiction to make orders of mandamus, prohibition and certiorari respectively. every such order shall be final, subject to any right of appeal therefrom. in relation to the jurisdiction of the crown court, other than its jurisdiction in matters relating to trial on indictment, the high court shall have all such jurisdiction to make mandatory, prohibiting or quashing orders as the high court possesses in relation to the jurisdiction of an inferior court. the high court shall have no jurisdiction to make mandatory, prohibiting or quashing orders in relation to the jurisdiction of the court martial in matters relating totrial by the court martial for an offence; or appeals from the service civilian court. the power of the high court under any enactment to require justices of the peace or a judge or officer of the county court to do any act relating to the duties of their respective offices, or to require a magistrates’ court to state a case for the opinion of the high court, in any case where the high court formerly had by virtue of any enactment jurisdiction to make a rule absolute, or an order, for any of those purposes, shall be exercisable by mandatory order. in any statutory provisionreferences to mandamus or to a writ or order of mandamus shall be read as references to a mandatory order; references to prohibition or to a writ or order of prohibition shall be read as references to a prohibiting order; references to certiorari or to a writ or order of certiorari shall be read as references to a quashing order; and references to the issue or award of a writ of mandamus, prohibition or certiorari shall be read as references to the making of the corresponding mandatory, prohibiting or quashing order. in subsection (3) the reference to the crown court’s jurisdiction in matters relating to trial on indictment does not include its jurisdiction relating to requirements to make payments under regulations under section 23 or 24 of the legal aid, sentencing and punishment of offenders act 2012. 30. injunctions to restrain persons from acting in offices in which they are not entitled to act where a person not entitled to do so acts in an office to which this section applies, the high court may— grant an injunction restraining him from so acting; and if the case so requires, declare the office to be vacant. this section applies to any substantive office of a public nature and permanent character which is held under the crown or which has been created by any statutory provision or royal charter. 31. application for judicial review an application to the high court for one or more of the following forms of relief, namely— a mandatory, prohibiting or quashing order; a declaration or injunction under subsection (2); or an injunction under section 30 restraining a person not entitled to do so from acting in an office to which that section applies, shall be made in accordance with rules of court by a procedure to be known as an application for judicial review. a declaration may be made or an injunction granted under this subsection in any case where an application for judicial review, seeking that relief, has been made and the high court considers that, having regard to— the nature of the matters in respect of which relief may be granted by mandatory, prohibiting or quashing orders; the nature of the persons and bodies against whom relief may be granted by such orders; and all the circumstances of the case, it would be just and convenient for the declaration to be made or the injunction to be granted, as the case may be. no application for judicial review shall be made unless the leave of the high court has been obtained in accordance with rules of court; and the court shall not grant leave to make such an application unless it considers that the applicant has a sufficient interest in the matter to which the application relates. on an application for judicial review the high court may award to the applicant damages, restitution or the recovery of a sum due if— the application includes a claim for such an award arising from any matter to which the application relates; and the court is satisfied that such an award would have been made if the claim had been made in an action begun by the applicant at the time of making the application. if, on an application for judicial review, the high court quashes the decision to which the application relates, it may in addition— remit the matter to the court, tribunal or authority which made the decision, with a direction to reconsider the matter and reach a decision in accordance with the findings of the high court, or substitute its own decision for the decision in question. but the power conferred by subsection (5)(b) is exercisable only if— the decision in question was made by a court or tribunal, the decision is quashed on the ground that there has been an error of law, and without the error, there would have been only one decision which the court or tribunal could have reached. unless the high court otherwise directs, a decision substituted by it under subsection (5)(b) has effect as if it were a decision of the relevant court or tribunal. where the high court considers that there has been undue delay in making an application for judicial review, the court may refuse to grant— leave for the making of the application; or any relief sought on the application, if it considers that the granting of the relief sought would be likely to cause substantial hardship to, or substantially prejudice the rights of, any person or would be detrimental to good administration. subsection (6) is without prejudice to any enactment or rule of court which has the effect of limiting the time within which an application for judicial review may be made. 31a. transfer of judicial review applications to upper tribunal this section applies where an application is made to the high court— for judicial review, or for permission to apply for judicial review. if conditions 1, 2, and 3 are met, the high court must by order transfer the application to the upper tribunal. if conditions 1 and 2 are met, but condition 3 is not, the high court may by order transfer the application to the upper tribunal if it appears to the high court to be just and convenient to do so. condition 1 is that the application does not seek anything other than— relief under section 31(1)(a) and (b); permission to apply for relief under section 31(1)(a) and (b); an award under section 31(4); interest; costs. condition 2 is that the application does not call into question anything done by the crown court. condition 3 is that the application falls within a class specified under section 18(6) of the tribunals, courts and enforcement act 2007. subheading 4. powers 32. orders for interim payment as regards proceedings pending in the high court, provision may be made by rules of court for enabling the court, in such circumstances as may be prescribed, to make an order requiring a party to the proceedings to make an interim payment of such amount as may be specified in the order, with provision for the payment to be made to such other party to the proceedings as may be so specified or, if the order so provides, by paying it into court. any rules of court which make provision in accordance with subsection (1) may include provision for enabling a party to any proceedings who, in pursuance of such an order, has made an interim payment to recover the whole or part of the amount of the payment in such circumstances, and from such other party to the proceedings, as may be determined in accordance with the rules. any rules made by virtue of this section may include such incidental, supplementary and consequential provisions as the rule-making authority may consider necessary or expedient. nothing in this section shall be construed as affecting the exercise of any power relating to costs, including any power to make rules of court relating to costs. in this section “interim payment”, in relation to a party to any proceedings, means a payment on account of any damages, debt or other sum (excluding any costs) which that party may be held liable to pay to or for the benefit of another party to the proceedings if a final judgment or order of the court in the proceedings is given or made in favour of that other party. 32a. orders for provisional damages for personal injuries this section applies to an action for damages for personal injuries in which there is proved or admitted to be a chance that at some definite or indefinite time in the future the injured person will, as a result of the act or omission which gave rise to the cause of action, develop some serious disease or suffer some serious deterioration in his physical or mental condition. subject to subsection (4) below, as regards any action for damages to which this section applies in which a judgment is given in the high court, provision may be made by rules of court for enabling the court, in such circumstances as may be prescribed, to award the injured person— damages assessed on the assumption that the injured person will not develop the disease or suffer the deterioration in his condition; and further damages at a future date if he develops the disease or suffers the deterioration. any rules made by virtue of this section may include such incidental, supplementary and consequential provisions as the rule-making authority may consider necessary or expedient. nothing in this section shall be construed— as affecting the exercise of any power relating to costs, including any power to make rules of court relating to costs; or as prejudicing any duty of the court under any enactment or rule of law to reduce or limit the total damages which would have been recoverable apart from any such duty. 33. powers of high court exercisable before commencement of action on the application of any person in accordance with rules of court, the high court shall, in such circumstances as may be specified in the rules, have power to make an order providing for any one or more of the following matters, that is to say— the inspection, photographing, preservation, custody and detention of property which appears to the court to be property which may become the subject-matter of subsequent proceedings in the high court, or as to which any question may arise in any such proceedings; and the taking of samples of any such property as is mentioned in paragraph (a), and the carrying out of any experiment on or with any such property. on the application, in accordance with rules of court, of a person who appears to the high court to be likely to be a party to subsequent proceedings in that court the high court shall, in such circumstances as may be specified in the rules, have power to order a person who appears to the court to be likely to be a party to the proceedings and to be likely to have or to have had in his possession, custody or power any documents which are relevant to an issue arising or likely to arise out of that claim— to disclose whether those documents are in his possession, custody or power; and to produce such of those documents as are in his possession, custody or power to the applicant or, on such conditions as may be specified in the order— to the applicant’s legal advisers; or to the applicant’s legal advisers and any medical or other professional adviser of the applicant; or if the applicant has no legal adviser, to any medical or other professional adviser of the applicant. this section applies in relation to the family court as it applies in relation to the high court. 34. power of high court to order disclosure of documents, inspection of property etc. in proceedings for personal injuries or death [omitted] on the application, in accordance with rules of court, of a party to any proceedings to which this section applies, the high court shall, in such circumstances as may be specified in the rules, have power to order a person who is not a party to the proceedings and who appears to the court to be likely to have in his possession, custody or power any documents which are relevant to an issue arising out of the said claim— to disclose whether those documents are in his possession, custody or power; and to produce such of those documents as are in his possession, custody or power to the applicant or, on such conditions as may be specified in the order— to the applicant’s legal advisers; or to the applicant’s legal advisers and any medical or other professional adviser of the applicant; or if the applicant has no legal adviser, to any medical or other professional adviser of the applicant. on the application, in accordance with rules of court, of a party to any proceedings to which this section applies, the high court shall, in such circumstances as may be specified in the rules, have power to make an order providing for any one or more of the following matters, that is to say— the inspection, photographing, preservation, custody and detention of property which is not the property of, or in the possession of, any party to the proceedings but which is the subject-matter of the proceedings or as to which any question arises in the proceedings; the taking of samples of any such property as is mentioned in paragraph (a) and the carrying out of any experiment on or with any such property. the preceding provisions of this section are without prejudice to the exercise by the high court of any power to make orders which is exercisable apart from those provisions. subsections (2) and (3) apply in relation to the family court as they apply in relation to the high court. 35. provisions supplementary to ss. 33 and 34 a court shall not make an order under section 33 or 34 if it considers that compliance with the order, if made, would be likely to be injurious to the public interest. rules of court may make provision as to the circumstances in which an order under section 33 or 34 can be made; and any rules making such provision may include such incidental, supplementary and consequential provisions as the rule-making authority may consider necessary or expedient. without prejudice to the generality of subsection (2), rules of court shall be made for the purpose of ensuring that the costs of and incidental to proceedings for an order under section 33(2) or 34 incurred by the person against whom the order is sought shall be awarded to that person unless the court otherwise directs. sections 33(2) and 34 and this section bind the crown; and section 33(1) binds the crown so far as it relates to property as to which it appears to the court that it may become the subject-matter of subsequent proceedings involving a claim in respect of personal injuries to a person or in respect of a person’s death. in this subsection references to the crown do not include references to her majesty in her private capacity or to her majesty in right of her duchy of lancaster or to the duke of cornwall. in sections 32a, 33 and 34 and this section— “property” includes any land, chattel or other corporeal property of any description; “personal injuries” includes any disease and any impairment of a person’s physical or mental condition. 35a. power of high court to award interest on debts and damages subject to rules of court, in proceedings (whenever instituted) before the high court for the recovery of a debt or damages there may be included in any sum for which judgment is given simple interest, at such rate as the court thinks fit or as rules of court may provide, on all or any part of the debt or damages in respect of which judgment is given, or payment is made before judgment, for all or any part of the period between the date when the cause of action arose and— in the case of any sum paid before judgment, the date of the payment; and in the case of the sum for which judgment is given, the date of the judgment. in relation to a judgment given for damages for personal injuries or death which exceed £200 subsection (1) shall have effect— with the substitution of “shall be included” for “may be included”; and with the addition of “unless the court is satisfied that there are special reasons to the contrary” after “given”, where first occurring. subject to rules of court, where— there are proceedings (whenever instituted) before the high court for the recovery of a debt; and the defendant pays the whole debt to the plaintiff (otherwise than in pursuance of a judgment in the proceedings), the defendant shall be liable to pay the plaintiff simple interest at such rate as the court thinks fit or as rules of court may provide on all or any part of the debt for all or any part of the period between the date when the cause of action arose and the date of the payment. interest in respect of a debt shall not be awarded under this section for a period during which, for whatever reason, interest on the debt already runs. without prejudice to the generality of section 84, rules of court may provide for a rate of interest by reference to the rate specified in section 17 of the judgments act 1838 as that section has effect from time to time or by reference to a rate for which any other enactment provides. interest under this section may be calculated at different rates in respect of different periods. in this section “plaintiff” means the person seeking the debt or damages and “defendant” means the person from whom the plaintiff seeks the debt or damages and “personal injuries” includes any disease and any impairment of a person’s physical or mental condition. nothing in this section affects the damages recoverable for the dishonour of a bill of exchange. 36. subpoena issued by high court to run throughout united kingdom if in any cause or matter in the high court it appears to the court that it is proper to compel the personal attendance at any trial of a witness who may not be within the jurisdiction of the court, it shall be lawful for the court, if in the discretion of the court it seems fit so to do, to order that a writ of subpoena ad testificandum or writ of subpoena duces tecum shall issue in special form commanding the witness to attend the trial wherever he shall be within the united kingdom; and the service of any such writ in any part of the united kingdom shall be as valid and effectual for all purposes as if it had been served within the jurisdiction of the high court. every such writ shall have at its foot a statement to the effect that it is issued by the special order of the high court, and no such writ shall issue without such a special order. if any person served with a writ issued under this section does not appear as required by the writ, the high court, on proof to the satisfaction of the court of the service of the writ and of the default, may transmit a certificate of the default under the seal of the court or under the hand of a judge of the court— if the service was in scotland, to the court of session at edinburgh; or if the service was in northern ireland, to the high court of justice in northern ireland at belfast; and the court to which the certificate is sent shall thereupon proceed against and punish the person in default in like manner as if that person had neglected or refused to appear in obedience to process issued out of that court. no court shall in any case proceed against or punish any person for having made such default as aforesaid unless it is shown to the court that a reasonable and sufficient sum of money to defray the expenses of coming and attending to give evidence and of returning from giving evidence; and any other reasonable expenses which he has asked to be defrayed in connection with his evidence,was tendered to him at the time when the writ was served upon him. nothing in this section shall affect— the power of the high court to issue a commission for the examination of witnesses out of the jurisdiction of the court in any case in which, notwithstanding this section, the court thinks fit to issue such a commission; or the admissibility at any trial of any evidence which, if this section had not been enacted, would have been admissible on the ground of a witness being outside the jurisdiction of the court. in this section references to attendance at a trial include references to attendance before an examiner or commissioner appointed by the high court in any cause or matter in that court, including an examiner or commissioner appointed to take evidence outside the jurisdiction of the court. 37. powers of high court with respect to injunctions and receivers the high court may by order (whether interlocutory or final) grant an injunction or appoint a receiver in all cases in which it appears to the court to be just and convenient to do so. any such order may be made either unconditionally or on such terms and conditions as the court thinks just. the power of the high court under subsection (1) to grant an interlocutory injunction restraining a party to any proceedings from removing from the jurisdiction of the high court, or otherwise dealing with, assets located within that jurisdiction shall be exercisable in cases where that party is, as well as in cases where he is not, domiciled, resident or present within that jurisdiction. the power of the high court to appoint a receiver by way of equitable execution shall operate in relation to all legal estates and interests in land; and that power— may be exercised in relation to an estate or interest in land whether or not a charge has been imposed on that land under section 1 of the charging orders act 1979 for the purpose of enforcing the judgment, order or award in question; and shall be in addition to, and not in derogation of, any power of any court to appoint a receiver in proceedings for enforcing such a charge. where an order under the said section 1 imposing a charge for the purpose of enforcing a judgment, order or award has been, or has effect as if, registered under section 6 of the land charges act 1972, subsection (4) of the said section 6 (effect of non-registration of writs and orders registrable under that section) shall not apply to an order appointing a receiver made either— in proceedings for enforcing the charge; or by way of equitable execution of the judgment, order or award or, as the case may be, of so much of it as requires payment of moneys secured by the charge. this section applies in relation to the family court as it applies in relation to the high court. 38. relief against forfeiture for non-payment of rent in any action in the high court for the forfeiture of a lease for non-payment of rent, the court shall have power to grant relief against forfeiture in a summary manner, and may do so subject to the same terms and conditions as to the payment of rent, costs or otherwise as could have been imposed by it in such an action immediately before the commencement of this act. where the lessee or a person deriving title under him is granted relief under this section, he shall hold the demised premises in accordance with the terms of the lease without the necessity for a new lease. 39. execution of instrument by person nominated by high court where the high court or family court has given or made a judgment or order directing a person to execute any conveyance, contract or other document, or to indorse any negotiable instrument, then, if that person— neglects or refuses to comply with the judgment or order; or cannot after reasonable inquiry be found, that court may, on such terms and conditions, if any, as may be just, order that the conveyance, contract or other document shall be executed, or that the negotiable instrument shall be indorsed, by such person as the court may nominate for that purpose. a conveyance, contract, document or instrument executed or indorsed in pursuance of an order under this section shall operate, and be for all purposes available, as if it had been executed or indorsed by the person originally directed to execute or indorse it. 40. attachment of debts subject to any order for the time being in force under subsection (4), this section applies to any deposit account, and any withdrawable share account, with a deposit-taker. in determining whether, for the purposes of the jurisdiction of the high court to attach debts for the purpose of satisfying judgments or orders for the payment of money, a sum standing to the credit of a person in an account to which this section applies is a sum due or accruing to that person and, as such, attachable in accordance with rules of court, any condition mentioned in subsection (3) which applies to the account shall be disregarded. those conditions are— any condition that notice is required before any money or share is withdrawn; any condition that a personal application must be made before any money or share is withdrawn; any condition that a deposit book or share-account book must be produced before any money or share is withdrawn; or any other prescribed condition. the lord chancellor may by order make such provision as he thinks fit, by way of amendment of this section or otherwise, for all or any of the following purposes, namely— including in, or excluding from, the accounts to which this section applies accounts of any description specified in the order; excluding from the accounts to which this section applies all accounts with any particular deposit-taker so specified or with any deposit-taker of a description so specified. any order under subsection (4) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either house of parliament. “deposit-taker” means a person who may, in the course of his business, lawfully accept deposits in the united kingdom. subsection (6) must be read with— section 22 of the financial services and markets act 2000; any relevant order under that section; and schedule 2 to that act. 40a. administrative and clerical expenses of garnishees where an interim third party debt order made in the exercise of the jurisdiction mentioned in subsection (2) of the preceding section is served on a deposit-taker, it may, subject to the provisions of this section, deduct from the relevant debt or debts an amount not exceeding the prescribed sum towards its administrative and clerical expenses in complying with the order; and the right to make a deduction under this subsection shall be exercisable as from the time the interim third party debt order is served on it. in subsection (1) “the relevant debt or debts”, in relation to an interim third party debt order served on a deposit-taker, means the amount, as at the time the order is served on it, of the debt or debts of which the whole or a part is expressed to be attached by the order. a deduction may be made under subsection (1) in a case where the amount referred to in subsection (1a) is insufficient to cover both the amount of the deduction and the amount of the judgment debt and costs in respect of which the attachment was made, notwithstanding that the benefit of the attachment to the creditor is reduced as a result of the deduction. an amount may not in pursuance of subsection (1) be deducted or, as the case may be, retained in a case where, by virtue of section 346 of the insolvency act 1986 or section183 of the insolvency act 1986 or otherwise, the creditor is not entitled to retain the benefit of the attachment. in this section— “deposit-taker” has the meaning given by section 40(6); and “prescribed” means prescribed by an order made by the lord chancellor. an order under this section— may make different provision for different cases; without prejudice to the generality of paragraph (a) of this subsection, may prescribe sums differing according to the amount due under the judgment or order to be satisfied. may provide for this section not to apply to deposit-takers of any prescribed description. any such order shall be made by statutory instrument subject to annulment in pursuance of a resolution of either house of parliament. 41. wards of court subject to the provisions of this section, no minor shall be made a ward of court except by virtue of an order to that effect made by the high court. where an application is made for such an order in respect of a minor, the minor shall become a ward of court on the making of the application, but shall cease to be a ward of court at the end of such period as may be prescribed unless within that period an order has been made in accordance with the application. subsection (2) does not apply with respect to a child who is the subject of a care order (as defined by section 105 of the children act 1989). the high court may, either upon an application in that behalf or without such an application, order that any minor who is for the time being a ward of court shall cease to be a ward of court. 42. restriction of vexatious legal proceedings if, on an application made by the attorney general under this section, the high court is satisfied that any person has habitually and persistently and without any reasonable ground— instituted vexatious civil proceedings, whether in the high court or the family court or any inferior court, and whether against the same person or against different persons; or made vexatious applications in any civil proceedings, whether in the high court or the family court or any inferior court, and whether instituted by him or another, or instituted vexatious prosecutions (whether against the same person or different persons), the court may, after hearing that person or giving him an opportunity of being heard, make a civil proceedings order, a criminal proceedings order or an all proceedings order. in this section— “civil proceedings order” means an order that— “criminal proceedings order” means an order that— no information shall be laid before a justice of the peace by the person against whom the order is made without the leave of the high court; and no application for leave to prefer a bill of indictment shall be made by him without the leave of the high court; and “all proceedings order” means an order which has the combined effect of the two other orders. an order under subsection (1) may provide that it is to cease to have effect at the end of a specified period, but shall otherwise remain in force indefinitely. leave for the institution or continuance of, or for the making of an application in, any civil proceedings by a person who is the subject of an order for the time being in force under subsection (1) shall not be given unless the high court is satisfied that the proceedings or application are not an abuse of the process of the court in question and that there are reasonable grounds for the proceedings or application. leave for the laying of an information or for an application for leave to prefer a bill of indictment by a person who is the subject of an order for the time being in force under subsection (1) shall not be given unless the high court is satisfied that the institution of the prosecution is not an abuse of the criminal process and that there are reasonable grounds for the institution of the prosecution by the applicant. no appeal shall lie from a decision of the high court refusing leave required by virtue of this section. a copy of any order made under subsection (1) shall be published in the london gazette. 43. power of high court to vary sentence on application for quashing order where a person who has been sentenced for an offence— by a magistrates’ court; or by the crown court after being convicted of the offence by a magistrates’ court and committed to the crown court for sentence; or by the crown court on appeal against conviction or sentence, applies to the high court in accordance with section 31 for an a quashing order to remove the proceedings of the magistrates’ court or the crown court into the high court, then, if the high court determines that the magistrates’ court or the crown court had no power to pass the sentence, the high court may, instead of quashing the conviction, amend it by substituting for the sentence passed any sentence which the magistrates’ court or, in a case within paragraph (b), the crown court had power to impose. any sentence passed by the high court by virtue of this section in substitution for the sentence passed in the proceedings of the magistrates’ court or the crown court shall, unless the high court otherwise directs, begin to run from the time when it would have begun to run if passed in those proceedings; but in computing the term of the sentence, any time during which the offender was released on bail in pursuance of section 37(1)(d) of the criminal justice act 1948 shall be disregarded. subsections (1) and (2) shall, with the necessary modifications, apply in relation to any order of a magistrates’ court or the crown court which is made on, but does not form part of, the conviction of an offender as they apply in relation to a conviction and sentence. 43za. power of high court to vary committal in default where the high court quashes the committal of a person to prison or detention by a magistrates’ court or the crown court for— a default in paying a sum adjudged to be paid by a conviction; or want of sufficient goods to satisfy such a sum, the high court may deal with the person for the default or want of sufficient goods in any way in which the magistrates’ court or crown court would have power to deal with him if it were dealing with him at the time when the committal is quashed. if the high court commits him to prison or detention, the period of imprisonment or detention shall, unless the high court otherwise directs, be treated as having begun when the person was committed by the magistrates’ court or the crown court (except that any time during which he was released on bail shall not be counted as part of the period). in subsection (1) references to want of sufficient goods to satisfy a sum are references to circumstances where— there is power to use the procedure in schedule 12 to the tribunals, courts and enforcement act 2007 to recover the sum from a person, but it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that schedule). 43a. specific powers of arbitrator exercisable by high court in any cause or matter proceeding in the high court in connection with any contract incorporating an arbitration agreement which confers specific powers upon the arbitrator, the high court may, if all parties to the agreement agree, exercise any such powers. subheading 5. other provisions 44. extraordinary functions of judges of high court subject to the provisions of this act, every judge of the high court shall be— liable to perform any duty not incident to the administration of justice in any court of law which a judge of the high court was, as the successor of any judge formerly subject to that duty, liable to perform immediately before the commencement of this act by virtue of any statute, law or custom; and empowered to exercise any authority or power not so incident which a judge of the high court was, as the successor of any judge formerly possessing that authority or power, empowered to exercise immediately before that commencement by virtue of any statute, law or custom. any such duty, authority or power which immediately before commencement of this act was imposed or conferred by any statute, the law or custom on the lord chief justice or the master of the rolls shall continue to be performed and exercised by them respectively. heading 3. the crown court 45. general jurisdiction of crown court the crown court shall be a superior court of record. subject to the provisions of this act, there shall be exercisable by the crown court— all such appellate and other jurisdiction as is conferred on it by or under this or any other act; and all such other jurisdiction as was exercisable by it immediately before the commencement of this act. without prejudice to subsection (2), the jurisdiction of the crown court shall include all such powers and duties as were exercisable or fell to be performed by it immediately before the commencement of this act. subject to section 8 of the criminal procedure (attendance of witnesses) act 1965 (substitution in criminal cases of procedure in that act for procedure by way of subpoena) and to any provision contained in or having effect under this act, the crown court shall, in relation to the attendance and examination of witnesses, any contempt of court, the enforcement of its orders and all other matters incidental to its jurisdiction, have the like powers, rights, privileges and authority as the high court. the specific mention elsewhere in this act of any jurisdiction covered by subsections (2) and (3) shall not derogate from the generality of those subsections. 46. exclusive jurisdiction of crown court in trial on indictment all proceedings on indictment shall be brought before the crown court. the jurisdiction of the crown court with respect to proceedings on indictment shall include jurisdiction in proceedings on indictment for offences wherever committed, and in particular proceedings on indictment for offences within the jurisdiction of the admiralty of england. 46a. offences committed on ships and abroad sections 280, 281 and 282 of the merchant shipping act 1995 (offences on ships and abroad by british citizens and others) apply in relation to other offences under the law of england and wales as they apply in relation to offences under that act or instruments under that act. 47. [repealed] 48. appeals to crown court the crown court may, in the course of hearing any appeal, correct any error or mistake in the order or judgment incorporating the decision which is the subject of the appeal. on the termination of the hearing of an appeal the crown court— may confirm, reverse or vary any part of the decision appealed against, including a determination not to impose a separate penalty in respect of an offence; or may remit the matter with its opinion thereon to the authority whose decision is appealed against; or may make such other order in the matter as the court thinks just, and by such order exercise any power which the said authority might have exercised. subsection (2) has effect subject to any enactment relating to any such appeal which expressly limits or restricts the powers of the court on the appeal. subject to section 11(6) of the criminal appeal act 1995, if the appeal is against a conviction or a sentence, the preceding provisions of this section shall be construed as including power to award any punishment, whether more or less severe than that awarded by the magistrates’ court whose decision is appealed against, if that is a punishment which that magistrates’ court might have awarded. this section applies whether or not the appeal is against the whole of the decision. in this section “sentence” includes any order made by a court when dealing with an offender, including— a hospital order under part iii of the mental health act 1983, with or without a restriction order, and an interim hospital order under that act; and a recommendation for deportation made when dealing with an offender. the fact that an appeal is pending against an interim hospital order under the said act of 1983 shall not affect the power of the magistrates’ court that made it to renew or terminate the order or to deal with the appellant on its termination; and where the crown court quashes such an order but does not pass any sentence or make any other order in its place the court may direct the appellant to be kept in custody or released on bail pending his being dealt with by that magistrates’ court. where the crown court makes an interim hospital order by virtue of subsection (2)— the power of renewing or terminating the order and of dealing with the appellant on its termination shall be exercisable by the magistrates’ court whose decision is appealed against and not by the crown court; and that magistrates’ court shall be treated for the purposes of section 38(7) of the said act of 1983 (absconding offenders) as the court that made the order. heading 4. general provisions subheading 1. law and equity concurrent administration of law and equity. subject to the provisions of this or any other act, every court exercising jurisdiction in england or wales in any civil cause or matter shall continue to administer law and equity on the basis that, wherever there is any conflict or variance between the rules of equity and the rules of the common law with reference to the same matter, the rules of equity shall prevail. every such court shall give the same effect as hitherto— to all equitable estates, titles, rights, reliefs, defences and counterclaims, and to all equitable duties and liabilities; and subject thereto, to all legal claims and demands and all estates, titles, rights, duties, obligations and liabilities existing by the common law or by any custom or created by any statute,and, subject to the provisions of this or any other act, shall so exercise its jurisdiction in every cause or matter before it as to secure that, as far as possible, all matters in dispute between the parties are completely and finally determined, and all multiplicity of legal proceedings with respect to any of those matters is avoided. nothing in this act shall affect the power of the court of appeal or the high court to stay any proceedings before it, where it thinks fit to do so, either of its own motion or on the application of any person, whether or not a party to the proceedings. 50. power to award damages as well as, or in substitution for, injunction or specific performance where the court of appeal or the high court has jurisdiction to entertain an application for an injunction or specific performance, it may award damages in addition to, or in substitution for, an injunction or specific performance. subheading 2. costs 51. costs in civil division of court of appeal, high court and county courts subject to the provisions of this or any other enactment and to rules of court, the costs of and incidental to all proceedings in— the civil division of the court of appeal; the high court; the family court; and the county court, shall be in the discretion of the court. without prejudice to any general power to make rules of court, such rules may make provision for regulating matters relating to the costs of those proceedings including, in particular, prescribing scales of costs to be paid to legal or other representatives or for securing that the amount awarded to a party in respect of the costs to be paid by him to such representatives is not limited to what would have been payable by him to them if he had not been awarded costs. the court shall have full power to determine by whom and to what extent the costs are to be paid. in subsections (1) and (2) “proceedings” includes the administration of estates and trusts. nothing in subsection (1) shall alter the practice in any criminal cause, or in bankruptcy. in any proceedings mentioned in susbsection (1), the court may disallow, or (as the case may be) order the legal or other representative concerned to meet, the whole of any wasted costs or such part of them as may be determined in accordance with rules of court. in subsection (6), “wasted costs” means any costs incurred by a party— as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative; or which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay. where— a person has commenced proceedings in the high court; but those proceedings should, in the opinion of the court, have been commenced in the county court or family court in accordance with any provision made under section 1 of the courts and legal services act 1990 or by or under any other enactment, the person responsible for determining the amount which is to be awarded to that person by way of costs shall have regard to those circumstances. where, in complying with subsection (8), the responsible person reduces the amount which would otherwise be awarded to the person in question— the amount of that reduction shall not exceed 25 per cent; and on any taxation of the costs payable by that person to his legal representative, regard shall be had to the amount of the reduction. the lord chancellor may by order amend subsection (9)(a) by substituting, for the percentage for the time being mentioned there, a different percentage. any such order shall be made by statutory instrument and may make such transitional or incidental provision as the lord chancellor considers expedient. no such statutory instrument shall be made unless a draft of the instrument has been approved by both houses of parliament. in this section “legal or other representative”, in relation to a party to proceedings, means any person exercising a right of audience or right to conduct litigation on his behalf. 52. costs in crown court rules of court may authorise the crown court to award costs and may regulate any matters relating to costs of proceedings in that court, and in particular may make provision as to— any discretion to award costs; the taxation of costs, or the fixing of a sum instead of directing a taxation, and as to the officer of the court or other person by whom costs are to be taxed; a right of appeal from any decision on the taxation of costs, whether to a taxing master of the senior courts or to any other officer or authority; a right of appeal to the high court, subject to any conditions specified in the rules, from any decision on an appeal brought by virtue of paragraph (c); the enforcement of an order for costs; and the charges or expenses or other disbursements which are to be treated as costs for the purposes of the rules. the costs to be dealt with by rules made in pursuance of this section may, where an appeal is brought to the crown court from the decision of a magistrates’ court, or from the decision of any other court or tribunal, include costs in the proceedings in that court or tribunal. subsection (6) of section 51 applies in relation to any civil proceedings in the crown court as it applies in relation to any proceedings mentioned in subsection (1) of that section nothing in this section authorises the making of rules about the payment of costs out of central funds, whether under the part ii of the prosecution of offences act 1985 or otherwise, but rules made in pursuance of this section may make any such provision as in relation to costs of proceedings in the crown court, is contained in section 18 of that act or in regulations made under section 19 of that act (awards of party and party costs in criminal proceedings). rules made in pursuance of this section may amend or repeal all or any of the provisions of any enactment about costs between party and party in criminal or other proceedings in the crown court, being an enactment passed before, or contained in, the part ii of the prosecution of offences act 1985. rules made in pursuance of this section shall have effect subject to the provisions of section 41 of, and schedule 9 to, the administration of justice act 1970 (method of enforcing orders for costs). part iii. practice and procedure heading 1. the court of appeal subheading 1. distribution of business 53. distribution of business between civil and criminal divisions rules of court may provide for the distribution of business in the court of appeal between the civil and criminal divisions, but subject to any such rules business shall be distributed in accordance with the following provisions of this section. the criminal division of the court of appeal shall exercise— all jurisdiction of the court of appeal under parts i and ii of the criminal appeal act 1968; the jurisdiction of the court of appeal under section 13 of the administration of justice act 1960 (appeals in cases of contempt of court) in relation to appeals from orders and decisions of the crown court; all other jurisdiction expressly conferred on that division by this or any other act; and the jurisdiction to order the issue of writs of venire de novo. the civil division of the court of appeal shall exercise the whole of the jurisdiction of that court not exercisable by the criminal division. where any class of proceedings in the court of appeal is by any statutory provision assigned to the criminal division of that court, rules of court may provide for any enactment relating to— appeals to the court of appeal under part i of the criminal appeal act 1968; or any matter connected with or arising out of such appeals, to apply in relation to proceedings of that class or, as the case may be, to any corresponding matter connected with or arising out of such proceedings, as it applies in relation to such appeals or, as the case may be, to the relevant matter within paragraph (b), with or without prescribed modifications in either case. subheading 2. composition of court 54. court of civil division this section relates to the civil division of the court of appeal; and in this section “court”, except where the context otherwise requires, means a court of that division. subject as follows, a court shall be duly constituted for the purpose of exercising any of its jurisdiction if it consists of one or more judges. the master of the rolls may, with the concurrence of the lord chancellor, give (or vary or revoke) directions about the minimum number of judges of which a court must consist if it is to be duly constituted for the purpose of any description of proceedings. the master of the rolls, or any lord justice of appeal designated by him, may (subject to any directions under subsection (3)) determine the number of judges of which a court is to consist for the purpose of any particular proceedings. the master of the rolls may give directions as to what is to happen in any particular case where one or more members of a court which has partly heard proceedings are unable to continue. where— an appeal has been heard by a court consisting of an even number of judges; and the members of the court are equally divided, the case shall, on the application of any part to the appeal, be re-argued before and determined by an uneven number of judges not less than three, before any appeal to the senior courts. [repealed] [repealed] subsections (1) and (2) of section 70 (assessors in the high court) shall apply in relation to causes and matters before the civil division of the court of appeal as they apply in relation to causes and matters before the high court. subsections (3) and (4) of section 70 (scientific advisers to assist the patents court in proceedings under the patents act 1949 and the patents act 1977) shall apply in relation to the civil division of the court of appeal and proceedings on appeal from any decision of the patents court in proceedings under those acts as they apply in relation to the patents court and proceedings under those acts. [repealed] 55. court of criminal division this section relates to the criminal division of the court of appeal; and in this section “court” means a court of that division. subject to subsection (6),a court shall be duly constituted for the purpose of exercising any of its jurisdiction if it consists of an uneven number of judges not less than three. where— part of any proceedings before a court has been heard by an uneven number of judges greater than three; and one or more members of the court are unable to continue, the court shall remain duly constituted for the purpose of those proceedings so long as the number of members (whether even or uneven) is not reduced to less than three. subject to subsection (6),a court shall, if it consists of two judges, be duly constituted for every purpose except— determining an appeal against— conviction; or a verdict of not guilty by reason of insanity; or a finding under section 4 of the criminal procedure (insanity) act 1964 (unfitness to plead) that a person is under a disability; reviewing sentencing under part iv of the criminal justice act 1988; determining an application for leave to appeal to the senior courts; and refusing an application for leave to appeal to the criminal division against conviction or any such verdict or finding as is mentioned in paragraph (a)(ii) or (iii), other than an application which has been refused by a single judge. where an appeal has been heard by a court consisting of an even number of judges and the members of the court are equally divided, the case shall be re-argued before and determined by an uneven number of judges not less than three. a court shall not be duly constituted if it includes more than one circuit judge acting as a judge of the court under section 9. 56. judges not to sit on appeal from their own judgments, etc no judge shall sit as a member of the civil division of the court of appeal on the hearing of, or shall determine any application in proceedings incidental or preliminary to, an appeal from a judgment or order made in any case by himself or by any court of which he was a member. no judge shall sit as a member of the criminal division of the court of appeal on the hearing of, or shall determine any application in proceedings incidental or preliminary to, an appeal against— a conviction before himself or a court of which he was a member; or a sentence passed by himself or such a court. 56a. circuit judges not to sit on certain appeals [repealed] 56b. allocation of cases in criminal division the appeals or classes of appeals suitable for allocation to a court of the criminal division of the court of appeal in which a circuit judge is acting under section 9 shall be determined in accordance with directions given by or on behalf of the lord chief justice after consulting the lord chancellor. in subsection (1) “appeal” includes the hearing of, or any application in proceedings incidental or preliminary to, an appeal. subheading 3. sittings and vacations 57. sittings and vacations sittings of the court of appeal may be held, and any other business of the court of appeal may be conducted, at any place in england or wales. subject to rules of court— the places at which the court of appeal sits outside the royal courts of justice; and the days and times at which the court of appeal sits at any place outside the royal courts of justice, shall be determined in accordance with directions given by the lord chancellor after consulting the lord chief justice. rules of court may make provision for regulating the vacations to be observed by the court of appeal and in the offices of that court. rules of court— may provide for securing such sittings of the civil division of the court of appeal during vacation as the master of the rolls may with the concurrence of the lord chancellor determine; without prejudice to paragraph (a), shall provide for the transaction during vacation by judges of the court of appeal of all such business in the civil division of that court as may require to be immediately or promptly transacted; and shall provide for securing sittings of the criminal division of that court during vacation if necessary. the lord chief justice may nominate a judicial office holder (as defined in section 109(4) of the constitutional reform act 2005) to exercise his functions under this section. subheading 4. other provisions 58. calling into question of incidental decisions in civil division rules of court may provide that decisions of the court of appeal which— are taken by a single judge or any officer or member of staff of that court in proceedings incidental to any cause or matter pending before the civil division of that court; and do not involve the determination of an appeal or of an application for permission to appeal, may be called into question in such manner as may be prescribed. no appeal shall lie to the senior courts from a decision which may be called into question pursuant to rules under subsection (1). 59. form of judgment of court of criminal division any judgment of a court of the criminal division of the court of appeal on any question shall, except where the judge presiding over the court states that in his opinion the question is one of law on which it is convenient that separate judgments should be pronounced by members of the court, be pronounced by the judge presiding over the court or by such other member of the court as he directs and, except as aforesaid, no judgment shall be separately pronounced on any question by any member of the court. 60. rules of court, and decisions of court of appeal, as to whether judgment or order is final or interlocutory rules of court may provide for orders or judgments of any prescribed description to be treated for any prescribed purpose connected with appeals to the court of appeal as final or as interlocutory. no appeal shall lie from a decision of the court of appeal as to whether a judgment or order is, for any purpose connected with an appeal to that court, final or interlocutory. heading 2. the high court subheading 1. distribution of business 61. distribution of business among divisions subject to any provision made by or under this or any other act (and in particular to any rules of court made in pursuance of subsection (2) and any order under subsection (3)), business in the high court of any description mentioned in schedule 1, as for the time being in force, shall be distributed among the divisions in accordance with that schedule. rules of court may provide for the distribution of business in the high court among the divisions; but any rules made in pursuance of this subsection shall have effect subject to any orders for the time being in force under subsection (3). subject to subsection (5), the lord chief justice may, with the concurrence of the lord chancellor, by order— direct that any business in the high court which is not for the time being assigned by or under this or any other act to any division be assigned to such division as may be specified in the order; if at any time it appears to the lord chief justice and the lord chancellor desirable to do so with a view to the more convenient administration of justice, direct that any business for the time being assigned by or under this or any other act to any division be assigned to such other division as may be specified in the order; and amend schedule 1 so far as may be necessary in consequence of provision made by order under paragraph (a) or (b). the powers conferred by subsection (2) and subsection (3) include power to assign business of any description to two or more divisions concurrently. no order under subsection (3)(b) relating to any business shall be made without the concurrence of the senior judge of— the division or each of the divisions to which the business is for the time being assigned; and the division or each of the divisions to which the business is to be assigned by the order. subject to rules of court, the fact that a cause or matter commenced in the high court falls within a class of business assigned by or under this act to a particular division does not make it obligatory for it to be allocated or transferred to that division. without prejudice to subsections (1) to (5) and section 63, rules of court may provide for the distribution of the business (other than business required to be heard by a divisional court) in any division of the high court among the judges of that division. any order under subsection (3) shall be made by statutory instrument, which shall be laid before parliament after being made. the lord chief justice may nominate a judicial office holder (as defined in section 109(4) of the constitutional reform act 2005) to exercise his functions under subsection (3). 62. business of patents, admiralty and commercial courts the patents court shall take such proceedings relating to patents as are within the jurisdiction conferred on it by the patents act 1977, and such other proceedings relating to patents or other matters as may be prescribed. the admiralty court shall take admiralty business, that is to say causes and matters assigned to the queen’s bench division and involving the exercise of the high court’s admiralty jurisdiction or its jurisdiction as a prize court. the commercial court shall take such causes and matters as may in accordance with rules of court be entered in the commercial list. 63. business assigned to specially nominated judges any business assigned, in accordance with this or any other act or rules of court, to one or more specially nominated judges of the high court may— during vacation; or during the illness or absence of that judge or any of those judges; or for any other reasonable cause, be dealt with by any judge of the high court named for that purpose by the lord chief justice after consulting the lord chancellor. if at any time it appears to the lord chief justice, after consulting the lord chancellor, to be desirable to do so with a view to the more convenient administration of justice, he may by order direct that business of any description which is for the time being assigned, in accordance with this or any other act or rules of court, to one or more specially nominated judges of the high court shall cease to be so assigned and may be dealt with by any one or more judges of the high court. an order under subsection (2) shall not be made in respect of any business without the concurrence of the senior judge of the division to which the business is for the time being assigned. the lord chief justice may nominate a judicial office holder (as defined in section 109(4) of the constitutional reform act 2005) to exercise his functions under subsection (1) or (2). 64. choice of division by plaintiff without prejudice to the power of transfer under section 65, the person by whom any cause or matter is commenced in the high court shall in the prescribed manner allocate it to whichever division he thinks fit. where a cause or matter is commenced in the high court, all subsequent interlocutory or other steps or proceedings in the high court in that cause or matter shall be taken in the division to which the cause or matter is for the time being allocated (whether under subsection (1) or in consequence of its transfer under section 65). 65. power of transfer any cause or matter may at any time and at any stage thereof, and either with or without application from any of the parties, be transferred, by such authority and in such manner as rules of court may direct, from one division or judge of the high court to another division or judge thereof. the transfer of a cause or matter under subsection (1) to a different division or judge of the high court shall not affect the validity of any steps or proceedings taken or order made in that cause or matter before the transfer. subheading 2. divisional courts 66. divisional courts of high court divisional courts may be held for the transaction of any business in the high court which is, by or by virtue of rules of court or any other statutory provision, required to be heard by a divisional court. any number of divisional courts may sit at the same time. a divisional court shall be constituted of not less than two judges. every judge of the high court shall be qualified to sit in any divisional court. the judge who is, according to the order of precedence under this act, the senior of the judges constituting a divisional court shall be the president of the court. subheading 3. mode of conducting business 67. proceedings in court and in chambers business in the high court shall be heard and disposed of in court except in so far as it may, under this or any other act, under rules of court or in accordance with the practice of the court, be dealt with in chambers. 68. exercise of high court jurisdiction otherwise than by judges of that court provision may be made by rules of court as to the cases in which jurisdiction of the high court may be exercised by— such circuit judges, deputy circuit judges or recorders as the lord chief justice may, after consulting the lord chancellor, from time to time nominate to deal with official referees’ business; or special referees; or masters, registrars, district registrars or other officers of the court. without prejudice to the generality of subsection (1), rules of court may in particular— authorise the whole of any cause or matter, or any question or issue therein, to be tried before any such person as is mentioned in that subsection; or authorise any question arising in any cause or matter to be referred to a special referee for inquiry and report. rules of court shall not authorise the exercise of powers of attachment and committal by a special referee or any officer or other staff of the court. subject to subsection (5), the decision of any such person as is mentioned in subsection (1) or any officer or other staff of the court may be called in question in such manner as may be prescribed by rules of court, whether by appeal to the court of appeal, or by an appeal or application to a divisional court or a judge in court or a judge in chambers, or by an adjournment to a judge in court or a judge in chambers. rules of court may provide either generally or to a limited extent for decisions of persons nominated under subsection (1)(a) being called in question only by appeal on a question of law. the cases in which jurisdiction of the high court may be exercised by persons nominated under subsection (1)(a) shall be known as “official referees’ business”; and, subject to rules of court, the distribution of official referees’ business among persons so nominated shall be determined in accordance with directions given by the lord chief justice after consulting the lord chancellor. any reference to an official referee in any enactment, whenever passed, or in rules of court or any other instrument or document, whenever made, shall, unless the context otherwise requires, be construed as, or (where the context requires) as including a reference to a person nominated under subsection (1)(a). the lord chief justice may nominate a judicial office holder (as defined in section 109(4) of the constitutional reform act 2005) to exercise his functions under subsections (1)(a) and (6). 69. trial by jury where, on the application of any party to an action to be tried in the queen’s bench division, the court is satisfied that there is in issue— a charge of fraud against that party; or a claim in respect of malicious prosecution or false imprisonment; or any question or issue of a kind prescribed for the purposes of this paragraph, the action shall be tried with a jury, unless the court is of opinion that the trial requires any prolonged examination of documents or accounts or any scientific or local investigation which cannot conveniently be made with a jury or unless the court is of opinion that the trial will involve section 6 proceedings. an application under subsection (1) must be made not later than such time before the trial as may be prescribed. an action to be tried in the queen’s bench division which does not by virtue of subsection (1) fall to be tried with a jury shall be tried without a jury unless the court in its discretion orders it to be tried with a jury. an action in the queen's bench division which by virtue of subsection (1) or (3) is being, or is to be, tried with a jury may, at any stage in the proceedings, be tried without a jury if the court concerned— is of opinion that the action involves, or will involve, section 6 proceedings, and in its discretion orders the action to be tried without a jury. where the court makes an order under subsection (3a)(b), it may make such other orders as it considers appropriate (including an order dismissing the jury). nothing in subsections (1) to (3b) shall affect the power of the court to order, in accordance with rules of court, that different questions of fact arising in any action be tried by different modes of trial; and where any such order is made, subsection (1) shall have effect only as respects questions relating to any such charge, claim, question or issue as is mentioned in that subsection. where for the purpose of disposing of any action or other matter which is being tried in the high court by a judge with a jury it is necessary to ascertain the law of any other country which is applicable to the facts of the case, any question as to the effect of the evidence given with respect to that law shall, instead of being submitted to the jury, be decided by the judge alone. in this section “section 6 proceedings” has the meaning given by section 14(1) of the justice and security act 2013 (certain civil proceedings in which closed material applications may be made). 70. assessors and scientific advisers in any cause or matter before the high court the court may, if it thinks it expedient to do so, call in the aid of one or more assessors specially qualified, and hear and dispose of the cause or matter wholly or partially with their assistance. the remuneration, if any, to be paid to an assessor for his services under subsection (1) in connection with any proceedings shall be determined by the court, and shall form part of the costs of the proceedings. rules of court shall make provision for the appointment of scientific advisers to assist the patents court in proceedings under the patents act 1949 and the patents act 1977 and for regulating the functions of such advisers. the remuneration of any such adviser shall be determined by the lord chancellor with the concurrence of the minister for the civil service and shall be defrayed out of money provided by parliament. subsections (1) and (2) apply in relation to the family court as they apply in relation to the high court. subheading 4. sittings and vacations 71. sittings and vacations sittings of the high court may be held, and any other business of the high court may be conducted, at any place in england or wales. subject to rules of court— the places at which the high court sits outside the royal courts of justice; and the days and times when the high court sits at any place outside the royal courts of justice, shall be determined in accordance with directions given by the lord chancellor after consulting the lord chief justice. rules of court may make provision for regulating the vacations to be observed by the high court and in the offices of that court. rules of court— may provide for securing such sittings of any division of the high court during vacation as the senior judge of that division may with the concurrence of the lord chancellor determine; and without prejudice to paragraph (a), shall provide for the transaction during vacation by judges of the high court of all such business in the high court as may require to be immediately or promptly transacted. different provision may be made in pursuance of subsection (3) for different parts of the country. the lord chief justice may nominate a judicial office holder (as defined in section 109(4) of the constitutional reform act 2005) to exercise his functions under this section. subheading 5. other provisions 72. withdrawal of privilege against incrimination of self or spouse in certain proceedings in any proceedings to which this subsection applies a person shall not be excused, by reason that to do so would tend to expose that person, or his or her spouse or civil partner, to proceedings for a related offence or for the recovery of a related penalty— from answering any questions put to that person in the first-mentioned proceedings; or from complying with any order made in those proceedings. subsection (1) applies to the following civil proceedings in the high court, namely— proceedings for infringement of rights pertaining to any intellectual property or for passing off; proceedings brought to obtain disclosure of information relating to any infringement of such rights or to any passing off; and proceedings brought to prevent any apprehended infringement of such rights or any apprehended passing off. subject to subsection (4), no statement or admission made by a personin answering a question put to him in any proceedings to which subsection (1) applies; or in complying with any order made in any such proceedings, shall, in proceedings for any related offence or for the recovery of any related penalty, be admissible in evidence against that person or (unless they married or became civil partners after the making of the statement or admission) against the spouse or civil partner of that person. nothing in subsection (3) shall render any statement or admission made by a person as there mentioned inadmissible in evidence against that person in proceedings for perjury or contempt of court. in this section— “intellectual property” means any patent, trade mark, copyright , design right, registered design, technical or commercial information or other intellectual property; “related offence”, in relation to any proceedings to which subsection (1) applies, means— in the case of proceedings within subsection (2)(a) or (b)— any offence committed by or in the course of the infringement or passing off to which those proceedings relate; or any offence not within sub-paragraph (i) committed in connection with that infringement or passing off, being an offence involving fraud or dishonesty; in the case of proceedings within subsection (2)(c), any offence revealed by the facts on which the plaintiff relies in those proceedings; “related penalty”, in relation to any proceedings to which subsection (1) applies means— in the case of proceedings within subsection (2)(a) or (b), any penalty incurred in respect of anything done or omitted in connection with the infringement or passing off to which those proceedings relate; in the case of proceedings within subsection (2)(c), any penalty incurred in respect of any act or omission revealed by the facts on which the plaintiff relies in those proceedings. any reference in this section to civil proceedings in the high court of any description includes a reference to proceedings on appeal arising out of civil proceedings in the high court of that description. heading 3. the crown court subheading 1. composition of court 73. general provisions subject to the provisions of section 8(1)(c), 74 and 75(2) as respects courts comprising justices of the peace, all proceedings in the crown court shall be heard and disposed of before a single judge of that court. rules of court may authorise or require a judge of the high court, circuit judge , recorder or qualifying judge advocate, in such circumstances as are specified by the rules, at any stage to continue with any proceedings with a court from which any one or more of the justices initially constituting the court has withdrawn, or is absent for any reason. where a judge of the high court, circuit judge ,recorder or qualifying judge advocate sits with justices of the peace he shall preside, and— the decision of the crown court may be a majority decision; and if the members of the court are equally divided, the judge of the high court, circuit judge, recorder or qualifying judge advocate shall have a second and casting vote. 74. appeals and committals for sentence on any hearing by the crown court— of any appeal; [repealed] the crown court shall consist of a judge of the high court or a circuit judge or a recorder or a qualifying judge advocate who, subject to the following provisions of this section, shall sit with not less than two nor more than four justices of the peace. rules of court may, with respect to hearings falling within subsection (1)— prescribe the number of justices of the peace constituting the court (within the limits mentioned in that subsection); and prescribe the qualifications to be possessed by any such justices of the peace; and the rules may make different provision for different descriptions of cases, different places of sitting or other different circumstances. rules of court may authorise or require a judge of the high court, circuit judge, recorder or qualifying judge advocate, in such circumstances as are specified by the rules, to enter on, or at any stage to continue with, any proceedings with a court not comprising the justices required by subsections (1) and (2). the lord chancellor may from time to time, having regard to the number of justices, or the number of justices with any prescribed qualifications, available for service in the crown court, give directions providing that, in such descriptions of proceedings as may be specified by the lord chancellor, the provisions of subsections (1) and (2) shall not apply. directions under subsection (4) may frame descriptions of proceedings by reference to the place of trial, or by reference to the time of trial, or in any other way. before exercising any functions under subsection (4), the lord chancellor must consult the lord chief justice. no decision of the crown court shall be questioned on the ground that the court was not constituted as required by or under subsections (1) and (2) unless objection was taken by or on behalf of a party to the proceedings not later than the time when the proceedings were entered on, or when the alleged irregularity began. rules of court may make provision as to the circumstances in which— a person concerned with a decision appealed against is to be disqualified from hearing the appeal; [repealed] proceedings on the hearing of an appeal are to be valid notwithstanding that any person taking part in them is disqualified. the lord chief justice may nominate a judicial office holder (as defined in section 109(4) of the constitutional reform act 2005) to exercise his functions under this section. subheading 2. distribution of business 75. allocation of cases according to composition of court, etc the cases or classes of cases in the crown court suitable for allocation respectively to a judge of the high court, circuit judge, recorder, qualifying judge advocate or district judge (magistrates' courts), and all other matters relating to the distribution of crown court business, shall be determined in accordance with directions given by or on behalf of the lord chief justice with the concurrence of the lord chancellor. subject to section 74(1), the cases or classes of cases in the crown court suitable for allocation to a court comprising justices of the peace (including those by way of trial on indictment which are suitable for allocation to such a court) shall be determined in accordance with directions given by or on behalf of the lord chief justice with the concurrence of the lord chancellor. 76. committal for trial: alteration of place of trial without prejudice to the provisions of this act about the distribution of crown court business, the crown court may give directions, or further directions, altering the place of any trial on indictment, whether by varying the decision of a magistrates’ court under section 7 of the magistrates’ courts act 1980 or by substituting some other place for the place specified in a notice under a relevant transfer provision (notices of transfer from magistrates’ court to crown court) or by varying a previous decision of the crown court. directions under subsection (1) may be given on behalf of the crown court by an officer of the court. where a preparatory hearing has been ordered under section 7 of the criminal justice act 1987, directions altering the place of trial may be given under subsection (1) at any time before the time when the jury are sworn. the reference in subsection (2a) to the time when the jury are sworn includes the time when the jury would be sworn but for the making of an order under part 7 of the criminal justice act 2003. the defendant or the prosecutor, if dissatisfied with the place of trial as fixed by the magistrates’ court, as specified in a notice under a relevant transfer provision or as fixed by the crown court, may apply to the crown court for a direction, or further direction, varying the place of trial; and the court shall take the matter into consideration and may comply with or refuse the application, or give a direction not in compliance with the application, as the court thinks fit. [repealed] in this section “relevant transfer provision” means— section 4 of the criminal justice act 1987, or section 53 of the criminal justice act 1991. 77. committal for trial: date of trial criminal procedure rules shall prescribe the minimum and the maximum period which may elapse between a person’s being sent for trial and the beginning of the trial; and such rules may make different provision for different places of trial and for other different circumstances. the trial of a person sent for trial— shall not begin until the prescribed minimum period has expired except with his consent and the consent of the prosecutor;and shall not begin later than the expiry of the prescribed maximum period unless a judge of the crown court otherwise orders. for the purposes of this section the prescribed minimum and maximum periods shall begin with the date when the defendant is sent for trial and the trial shall be taken to begin when the defendant is arraigned. in this section “relevant transfer provision” means— section 4 of the criminal justice act 1987, or section 53 of the criminal justice act 1991. subheading 3. sittings 78. sittings any crown court business may be conducted at any place in england or wales, and the sittings of the crown court at any place may be continuous or intermittent or occasional. judges of the crown court may sit simultaneously to take any number of different cases in the same or different places, and may adjourn cases from place to place at any time. the places at which the crown court sits, and the days and times at which the crown court sits at any place, shall be determined in accordance with directions given by the lord chancellor after consulting the lord chief justice. the lord chief justice may nominate a judicial office holder (as defined in section 109(4) of the constitutional reform act 2005) to exercise his functions under this section. subheading 4. other provisions 79. practice and procedure in connection with indictable offences and appeals all enactments and rules of law relating to procedure in connection with indictable offences shall continue to have effect in relation to proceedings in the crown court. without prejudice to the generality of subsection (1), that subsection applies in particular to— the practice by which, on any one indictment, the taking of pleas, the trial by jury and the pronouncement of judgment may respectively be by or before different judges; the release, after respite of judgment, of a convicted person on recognizance to come up for judgment if called on, but meanwhile to be of good behaviour; the manner of trying any question relating to the breach of a recognizance; the manner of execution of any sentence on conviction, or the manner in which any other judgment or order given in connection with trial on indictment may be enforced. the customary practice and procedure with respect to appeals to the crown court, and in particular any practice as to the extent to which an appeal is by way of rehearing of the case, shall continue to be observed. 80. process to compel appearance any direction to appear and any condition of a recognizance to appear before the crown court, and any summons or order to appear before that court, may be so framed as to require appearance at such time and place as may be directed by the crown court, and if a time or place is specified in the direction, condition, summons or order, it may be varied by any subsequent direction of the crown court. where an indictment has been signed although the person charged has not been sent for trial, the crown court may issue a summons requiring that person to appear before the crown court, or may issue a warrant for his arrest. section 4 of the summary jurisdiction (process) act 1881 (execution of process of english courts in scotland) shall apply to process issued under this section as it applies to process issued under the magistrates’ courts act 1980 by a magistrates’ court. 81. bail the crown court may, subject to section 25 of the criminal justice and public order act 1994, grant bail to any person— who has been committed in custody for appearance before the crown court or in relation to whose case a notice of transfer has been given under a relevant transfer provisionor who has been sent in custody to the crown court for trial under section 51 or 51a of the crime and disorder act 1998; or who is in custody pursuant to a sentence imposed by a magistrates’ court, and who has appealed to the crown court against his conviction or sentence; or who is in the custody of the crown court pending the disposal of his case by that court; or who, after the decision of his case by the crown court, has applied to that court for the statement of a case for the high court on that decision; or who has applied to the high court for a quashing order to remove proceedings in the crown court in his case into the high court, or has applied to the high court for leave to make such an application; or to whom the crown court has granted a certificate under section 1(2) or 11(1a) of the criminal appeal act 1968 or under subsection (1b) below;or who has been remanded in custody by a magistrates’ court on adjourning a case under section 11 of the powers of criminal courts (sentencing) act 2000 (remand for medical examination) or— section 5 (adjournment of inquiry into offence); section 10 (adjournment of trial); or section 18 (initial procedure on information against adult for offence triable either way); [repealed] and the time during which a person is released on bail under any provision of this subsection shall not count as part of any term of imprisonment or detention under his sentence. the power conferred by subsection (1)(f) does not extend to a case to which section 12 or 15 of the criminal appeal act 1968 (appeal against verdict of not guilty by reason of insanity or against findings that the accused is under a disability and that he did the act or made the omission charged against him) applies. a certificate under this subsection is a certificate that a case is fit for appeal on a ground which involves a question of law alone. the power conferred by subsection (1)(f) is to be exercised— where the appeal is under section 1 or 9 of the criminal appeal act 1968, by the judge who tried the case; and where it is under section 10 of that act, by the judge who passed the sentence. the power may only be exercised within twenty-eight days from the date of the conviction appealed against, or in the case of appeal against sentence, from the date on which sentence was passed or, in the case of an order made or treated as made on conviction, from the date of the making of the order. the power may not be exercised if the appellant has made an application to the court of appeal for bail in respect of the offence or offences to which the appeal relates. it shall be a condition of bail granted in the exercise of the power that, unless a notice of appeal has previously been lodged in accordance with subsection (1) of section 18 of the criminal appeal act 1968— such a notice shall be so lodged within the period specified in subsection (2) of that section; and not later than 14 days from the end of that period, the appellant shall lodge with the crown court a certificate from the registrar of criminal appeals that a notice of appeal was given within that period. if the crown court grants bail to a person in the exercise of the power, it may direct him to appear— if a notice of appeal is lodged within the period specified in section 18(2) of the criminal appeal act 1968 at such time and place as the court of appeal may require; and if no such notice is lodged within that period, at such time and place as the crown court may require. where the crown court grants a person bail under subsection (1)(g) it may direct him to appear at a time and place which the magistrates’ court could have directed and the recognizance of any surety shall be conditioned accordingly. the crown court may only grant bail to a person under subsection (1)(g) if the magistrates’ court which remanded him in custody has certified under section 5(6a) of the bail act 1976 that it heard full argument on his application for bail before it refused the application. provision may be made by rules of court as respects the powers of the crown court relating to bail, including any provision— except in the case of bail in criminal proceedings (within the meaning of the bail act 1976), allowing the court instead of requiring a person to enter into a recognizance, to consent to his giving other security; allowing the court to direct that a recognizance shall be entered into or other security given before a magistrates’ court or a justice of the peace, or, if the rules so provide, a person of such other description as is specified in the rules; prescribing the manner in which a recognizance is to be entered into or other security given, and the persons by whom and the manner in which the recognizance or security may be enforced; authorising the recommittal, in such cases and by such courts or justices as may be prescribed by the rules, of persons released from custody in pursuance of the powers; making provision corresponding to sections 118 and 119 of the magistrates’ courts act 1980 (varying or dispensing with requirements as to sureties, and postponement of taking recognizances). any reference in any enactment to a recognizance shall include, unless the context otherwise requires, a reference to any other description of security given instead of a recognizance, whether in pursuance of subsection (2)(a) or otherwise. the crown court, on issuing a warrant for the arrest of any person, may endorse the warrant for bail, and in any such case— the person arrested under the warrant shall, unless the crown court otherwise directs, be taken to a police station; and the officer in charge of the station shall release him from custody if he, and any sureties required by the endorsement and approved by the officer, enter into recognizances of such amount as may be fixed by the endorsement: provided that in the case of bail in criminal proceedings (within the meaning of the bail act 1976) the person arrested shall not be required to enter into a recognizance. a person in custody in pursuance of a warrant issued by the crown court with a view to his appearance before that court shall be brought forthwith before either the crown court or a magistrates’ court. a magistrates’ court shall have jurisdiction, and a justice of the peace may act, under or in pursuance of rules under subsection (2) whether or not the offence was committed, or the arrest was made, within the court’s area, or the area for which he was appointed. in subsection (1) above “relevant transfer provision” means— section 4 of the criminal justice act 1987, or section 53 of the criminal justice act 1991. 82. duties of officers of crown court the officers of the crown court shall be responsible for the keeping of the records of the proceedings of the court, the signing of indictments, the notification to the parties or their legal advisers of the place and time appointed for any proceedings, and such other formal or administrative matters as may be specified by directions given by the lord chancellor after consulting the lord chief justice. officers of the crown court shall in particular give effect to any orders or directions of the court for taking into custody, and detaining, any person committing contempt of court, and shall execute any order or warrant duly issued by the court for the committal of any person to prison for contempt of court. the lord chief justice may nominate a judicial office holder (as defined in section 109(4) of the constitutional reform act 2005) to exercise his functions under this section. 83. [repealed] heading 4. rules of court 84. power to make rules of court rules of court may be made by the lord chief justice for the purpose of regulating and prescribing , except in relation to any criminal cause or matter, the practice and procedure to be followed in the crown court. without prejudice to the generality of subsection (1), the matters about which rules of court may be made under this section include all matters of practice and procedure in the senior courts which were regulated or prescribed by rules of court immediately before the commencement of this act. no provision of this or any other act, or contained in any instrument made under any act, which— authorises or requires the making of rules of court about any particular matter or for any particular purpose; or provides (in whatever words) that the power to make rules of court under this section is to include power to make rules about any particular matter or for any particular purpose, shall be taken as derogating from the generality of subsection (1). rules made under this section shall have effect subject to any special rules for the time being in force in relation to proceedings in the senior courts of any particular kind. special rules may apply— any rules made under this section, civil procedure rules, criminal procedure rules, or family procedure rules, to proceedings to which the special rules apply. rules made under this section may apply— any special rules, civil procedure rules, criminal procedure rules, or family procedure rules, to proceedings to which rules made under this section apply. where rules may be applied under subsection (5) or (5a), they may be applied— to any extent, with or without modification, and as amended from time to time. no rule which may involve an increase of expenditure out of public funds may be made under this section except with the concurrence of the treasury, but the validity of any rule made under this section shall not be called in question in any proceedings in any court either by the court or by any party to the proceedings on the ground only that it was a rule as to the making of which the concurrence of the treasury was necessary and that the treasury did not concur or are not expressed to have concurred. [repealed] in this section “special rules” means rules applying to proceedings of any particular kind in the senior courts, being rules made by an authority other than the civil procedure rule committee, the family procedure rule committee or the criminal procedure rule committee under any provision of this or any other act which (in whatever words) confers on that authority power to make rules in relation to proceedings of that kind in the senior courts. the lord chief justice may nominate a judicial office holder (as defined in section 109(4) of the constitutional reform act 2005) to exercise the lord chief justice’s functions under this section. 85. the senior courts rule committee the power to make rules of court under section 84 in relation to the high court and the civil division of the court of appeal shall be exercisable by the lord chancellor together with any four or more of the following persons, namely— the lord chief justice, the master of the rolls, the president of the family division, the vice-chancellor, three other judges of the senior courts, two persons who have a senior courts qualification (within the meaning of section 71 of the courts and legal services act 1990); and two persons who have been granted by an authorised body, under part ii of that act, the right to conduct litigation in relation to all proceedings in the senior courts. the persons mentioned in subsection (1), acting in pursuance of that subsection, shall be known as “the senior courts rule committee”. the persons to act in pursuance of subsection (1) with the lord chancellor, other than those eligible to act by virtue of their office, shall be appointed by the lord chancellor for such time as he may think fit. before appointing a person under paragraph (f) or (g) of subsection (1), the lord chancellor shall consult any authorised body with members who are eligible for appointment under that paragraph. 86. the crown court rule committee [repealed] 86a. process for making rules of court under section 84 crown court rules must be submitted to the lord chancellor after being made by the lord chief justice. the lord chancellor may allow or disallow rules so made. if the lord chancellor disallows rules, he must give the lord chief justice written reasons for doing so. rules so made and allowed by the lord chancellor— come into force on such day as the lord chancellor directs, and are to be contained in a statutory instrument to which the statutory instruments act 1946 applies as if the instrument contained rules made by a minister of the crown. a statutory instrument containing crown court rules is subject to annulment in pursuance of a resolution of either house of parliament. in this section and section 86b “crown court rules” means rules of court made under section 84. 86b. rules to be made if required by lord chancellor this section applies if the lord chancellor gives the lord chief justice written notice that he thinks it is expedient for crown court rules to include provision that would achieve a purpose specified in the notice. the lord chief justice must make such crown court rules as the lord chief justice considers necessary to achieve the specified purpose. those rules must be— made within a reasonable period after the lord chancellor gives notice to the lord chief justice; made in accordance with section 86a. 87. particular matters for which rules of court may provide rules of court may make provision for regulating the means by which particular facts may be proved, and the mode in which evidence thereof may be given, in any proceedings in the high court or in the civil division of the court of appeal or on any application in connection with or at any stage of any such proceedings. rules of court may make provision— for enabling proceedings to be commenced in the high court against the estate of a deceased person (whether by the appointment of a person to represent the estate or otherwise) where no grant of probate or administration has been made; for enabling proceedings purporting to have been commenced in that court against a person to be treated, if he was dead at their commencement, as having been commenced against his estate, whether or not a grant of probate or administration was made before their commencement; and for enabling any proceedings commenced or treated as commenced in that court against the estate of a deceased person to be maintained (whether by substitution of parties, amendment or otherwise) against a person appointed to represent the estate or, if a grant of probate or administration is or has been made, against the personal representatives. rules of court made under section 84 may amend or repeal any statutory provision relating to the practice and procedure of the crown court (except so far as relating to criminal causes or matters) so far as may be necessary in consequence of provision made by the rules. criminal procedure rules may require courts from which an appeal lies to the criminal division of the court of appeal to furnish that division with any assistance or information which it may request for the purpose of exercising its jurisdiction. rules of court made under section 84 may amend or repeal any statutory provision about appeals to the crown court so far as it relates to the practice and procedure with respect to such appeals (except so far as relating to criminal causes or matters). part iv. officers and offices subheading 1. appointment of certain officers of senior courts 88. qualification for office a person shall not be qualified for appointment to any office in the senior courts listed in column 1 of any part of schedule 2 unless he is a person of any description specified in relation to that office in column 2 of that part. 89. masters and registrars the power to make appointments to the offices in the senior courts listed in column 1 of parts ii and iii of schedule 2 shall be exercisable by her majesty. the maximum number of appointments under subsection (1) is such as may be determined from time to time by the lord chancellor with the concurrence of the treasury. the person appointed to the office of queen’s coroner and attorney and master of the crown office and registrar of criminal appeals shall, by virtue of his appointment, be a master of the queen’s bench division. her majesty shall, on the recommendation of the lord chancellor, appoint a person to each office listed in the first column of the table in subsection (3c) (“a senior office”). a person may be appointed to a senior office only if— he holds the office in the corresponding entry in the second column of that table (“the qualifying office”), or he does not hold the qualifying office but could be appointed to it in compliance with section 88. where a person who is to be appointed to a senior office meets the condition in subsection (3a)(b) he shall, when appointed to the senior office, also be appointed to the qualifying office. this is the table referred to in subsections (3) and (3a)— table key: column 1 = senior office; column 2 = qualifying office row 1 column 1 senior master of the queen's bench division; column 2 master of the queen's bench division row 2 column 1 chief chancery master; column 2 master of the chancery division row 3 column 1 chief taxing master; column 2 taxing master of the senior courts row 4 column 1 chief bankruptcy registrar; column 2 registrar in bankruptcy of the high court row 5 column 1 senior district judge of the family division; column 2 registrar of the principal registry of the family division the person appointed senior master of the queen's bench division shall hold and perform the duties of the offices of the queen’s remembrancer and registrar of judgments. [repealed] [repealed] [repealed] a person appointed under subsection (1) is to be paid such salary, and a person appointed to a senior office is to be paid such additional salary, as may be determined by the lord chancellor with the concurrence of the treasury. a salary payable under or by virtue of this section— may in any case be increased, but may not, in the case of a salary payable in respect of an office listed in column 1 of part 2 of schedule 2 or of a senior office, be reduced, by a determination or further determination under this section. salaries payable under or by virtue of this section shall be paid out of money provided by parliament. 90. official solicitor there shall continue to be an official solicitor to the senior courts, who shall be appointed by the lord chancellor. there shall be paid to the official solicitor out of money provided by parliament such salary as the lord chancellor may, with the concurrence of the minister for the civil service, determine. the official solicitor shall have such powers and perform such duties as may for the time being be conferred or imposed on the holder of that office— by or under this or any other act; or by or in accordance with any direction given (before or after the commencement of this act) by the lord chancellor. the holder for the time being of the office of official solicitor shall have the right to conduct litigation in relation to any proceedings. when acting as official solicitor a person who would otherwise have the right to conduct litigation by virtue of the fact that he is a person who, for the purposes of the legal services act 2007, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that act) shall be treated as having acquired that right solely by virtue of subsection (3a). if— the official solicitor is not available because of his absence or for some other reason; or his office is vacant, then, during such unavailability or vacancy, any powers or duties of the official solicitor shall be exercisable or fall to be performed by any person for the time being appointed by the lord chancellor as deputy to the official solicitor (and any property vested in the official solicitor may accordingly be dealt with by any such person in all respects as if it were vested in him instead). 91. deputies and temporary appointments if it appears to the lord chief justice, after consulting the lord chancellor, that it is expedient to do so in order to facilitate the disposal of business in the senior courts or any other court or tribunal to which a person appointed under this subsection may be deployed, he may appoint a person— to act as a deputy for any person holding an office listed in column 1 of part ii of schedule 2; or to act as a temporary additional officer in any such office, during such period or on such occasions as the lord chief justice may, after consulting the lord chancellor, think fit. the lord chief justice may not appoint a holder of relevant office under subsection (1) without the concurrence of the lord chancellor. if it appears to the lord chancellor that it is expedient to do so in order to facilitate the disposal of business in the senior courts, he may appoint a person— to act as a deputy for any person holding an office listed in column 1 of part 3 of schedule 2; or to act as a temporary additional officer in any such office, during such period or on such occasions as the lord chancellor may think fit. subject to subsection (3), a person shall not be qualified for appointment under this section if the office in which he would act by virtue of the appointment is one to which he is not qualified for permanent appointment. a person may be appointed under this section if he would, but for his age, be qualified for permanent appointment to the office in question and he has previously held a permanent appointment to that office or— where the office in question is listed in column 1 of part ii of schedule 2, to any other office so listed; or where the office in question is listed in column 1 of part iii of that schedule, to any other office listed in column 1 of either part ii or part iii; or (whatever the office in question) to the office of county court registrar, but no appointment by virtue of this subsection shall be such as to extend beyond the day on which the person in question attains the age of seventy-five years. every person, while acting under this section, shall have all the jurisdiction of a person permanently appointed to the office in which he is acting. [repealed] the lord chancellor may, out of money provided by parliament, pay to any person appointed under this section such remuneration and allowances as he may, with the concurrence of the minister for the civil service, determine. a person appointed under subsection (1) may be removed from office— only by the lord chancellor with the agreement of the lord chief justice, and only on— the ground of inability or misbehaviour, or a ground specified in the person's terms of appointment. subject to subsection (6c), the period of a person's appointment under subsection (1) (including a period already extended under this subsection) must be extended by the lord chancellor before its expiry; and for this purpose a person appointed under subsection (1) to act under this section on certain occasions is to be treated as having been appointed for a period that expires when the occasions end. extension under subsection (6b)— requires the person's agreement, is to be for such period as the lord chancellor thinks fit, and may be refused on— the ground of inability or misbehaviour, or a ground specified in the person's terms of appointment, but only with any agreement of the lord chief justice, or a nominee of the lord chief justice, that may be required by those terms. subject to the preceding provisions of this section (but subject in the first place to the judicial pensions and retirement act 1993), a person appointed under subsection (1) is to hold and vacate office in accordance with the terms of the person's appointment, which are to be such as the lord chancellor may determine. the lord chief justice may nominate a senior judge (as defined in section 109(5) of the constitutional reform act 2005) to exercise his functions under subsection (1) or (6a)(a). subheading 2. other provisions relating to officers of senior courts 92. tenure of office. subject to the following provisions of this section and to subsections (4) to (6) of section 26 of the judicial pensions and retirement act 1993 (lord chancellor’s power to authorise continuance in office up to the age of 75), a person who holds an office to which this subsection applies shall vacate it on the day on which he attains the age of seventy years. subsection (1) applies to the offices listed in column 1 of part ii of schedule 2. subject to the following provisions of this section, a person who holds an office to which this subsection applies shall vacate it at the end of the completed year of service in the course of which he attains the age of sixy-two years. subsection (2a) applies to the offices listed in column 1 of part i of schedule 2. [repealed] [repealed] [repealed] [repealed] where the lord chancellor considers it desirable in the public interest to retain in office a person who holds an office to which subsection (2a) applies after the time when he would otherwise retire in accordance with that subsection, the lord chancellor may from time to time authorise the continuance in office of that person until such date, not being later than the date on which he attains the age of sixty-five years, as he thinks fit. a person appointed to an office listed in column 1 of part 1 or 2 of schedule 2 shall hold that office during good behaviour. the power to remove such a person from his office on account of misbehaviour shall be exercisable by the lord chancellor with the concurrence of the lord chief justice. the lord chancellor may also , with the concurrence of the lord chief justice, remove such a person from his office on account of inability to perform the duties of his office. a person appointed to an office listed in column 1 of part iii of schedule 2 shall hold that office during her majesty’s pleasure. it is for the lord chancellor to recommend to her majesty the exercise of any power under subsection (7). 93. status of officers for purposes of salary and pension subject to subsection (2), any person who holds an office listed in column 1 of any part of schedule 2 or the office of accountant general of the senior courts and is not employed in the civil service of the state shall be deemed to be so employed for the purposes of salary and pension. subsection (1), so far as it relates to pension, shall not apply to a person holding qualifying judicial office, within the meaning of the judicial pensions and retirement act 1993. 94. [repealed] 95. property held by officers any property held in his official capacity by a person holding an office listed in column 1 of part ii of schedule 2 or by the official solicitor shall, on his dying or ceasing to hold office, vest in the person appointed to succeed him without any conveyance, assignment or transfer. subheading 3. central office and accountant general 96. central office the central office of the senior courts shall perform such business as the lord chief justice may, with the concurrence of the lord chancellor, direct. subject to any direction under subsection (1), the central office shall perform such business as it performed immediately before the commencement of this act. the lord chief justice may nominate a judicial office holder (as defined in section 109(4) of the constitutional reform act 2005) to exercise his functions under this section. 97. accountant general there shall continue to be an accountant general of, and an accounting department for, the senior courts. the lord chancellor shall appoint such person as he thinks fit to the office in the senior courts of accountant general of the senior courts and the person so appointed shall hold and vacate office in accordance with the terms of his appointment. the accountant general shall be paid such salary or fees as the lord chancellor determines with the consent of the treasury. if one person holds office both as the accountant general and as the public trustee then, if he ceases to be the public trustee, he shall also cease to be the accountant general unless the lord chancellor otherwise directs. if a vacancy occurs in the office of accountant general or the person appointed to hold the office is for any reason unable to act for any period such person as the lord chancellor appoints as deputy in that office shall, during the vacancy or that period, perform the functions of that office (and any property vested in the accountant general may accordingly be dealt with by the deputy in all respects as if it were vested in him instead). subheading 4. judges’ clerks and secretaries 98. judges’ clerks and secretaries a clerk and a secretary shall be attached to each of the following judges of the senior courts, namely the lord chief justice, the master of the rolls, the president of the queen's bench division, the president of the family division and the chancellor of the high court. a clerk shall be attached to each of the following judges of the senior courts, namely the lords justices of appeal and the puisne judges of the high court. any clerk or secretary attached as mentioned in subsection (1) or (2)— shall be appointed by the lord chancellor; and if not already employed in the civil service of the state shall be deemed for all purposes to be so employed. if at any time it appears to any of the judges mentioned in subsection (1) desirable that there should be attached to him a legal secretary (that is to say a secretary with legal qualifications) in addition to the secretary provided for by that subsection, he may, with the concurrence of the lord chancellor, appoint a person who has a general qualification (within the meaning of section 71 of the courts and legal services act 1990) as his legal secretary. an appointment under subsection (4) may be on either a full-time or a part-time basis; and a person appointed by a judge as his legal secretary shall, except as regards remuneration, hold and vacate that office in accordance with such terms as the judge may, with the concurrence of the lord chancellor, determine when making the appointment. a person appointed under subsection (4)— shall not be treated as employed in the civil service of the state by reason only of that appointment; and if the lord chancellor so determines in his case, shall be paid out of money provided by parliament such remuneration as the lord chancellor may, with the concurrence of the minister for the civil service, determine. subheading 5. district registries and district registrars 99. district registries the lord chancellor may , after consulting the lord chief justice, by order direct that there shall be district registries of the high court at such places and for such districts as are specified in the order. any order under this section shall be made by statutory instrument, which shall be laid before parliament after being made. the lord chief justice may nominate a judicial office holder (as defined in section 109(4) of the constitutional reform act 2005) to exercise his functions under this section. 100. district judges the lord chief justice, after consulting the lord chancellor— may assign a district judge to one or more district registries; may change an assignment so as to assign the district judge to a different district registry or registries (or to no district registry). a reference in any enactment or other instrument to the district judge of a district registry is a reference to any district judge assigned to the registry concerned. every district judge is, by virtue of his office, capable of acting in any district registry whether or not assigned to it, but may do so only in accordance with arrangements made by or on behalf of the lord chief justice. whilst a district judge is assigned to one or more district registries in accordance with subsection (1) he is a district judge of the high court. 101. [repealed] 102. deputy district registrars if it appears to the lord chief justice that it is expedient to do so in order to facilitate the disposal of business in the high court or any other court or tribunal to which a person appointed under this subsection may be deployed, he may appoint a person to be a deputy district judge. a person is qualified for appointment under subsection (1) only if the person— is qualified for appointment as a district judge, or holds, or has held, the office of district judge. the lord chief justice may not appoint a person under subsection (1) without the concurrence of the lord chancellor if the person— holds the office of district judge, or ceased to hold the office of district judge within two years ending with the date when the appointment takes effect. section 85 of the constitutional reform act 2005 (c. 4) (selection of certain office holders) does not apply to an appointment to which subsection (1b) applies. [repealed] no appointment to which subsection (1b) applies shall be such as to extend beyond the day on which the person in question attains the age of seventy-five years. the lord chief justice, after consulting the lord chancellor— may assign a deputy district judge appointed under this section to one or more district registries; may change an assignment so as to assign the deputy district judge to a different district registry or registries (or to no district registry). a deputy district judge appointed under this section and assigned to a district registry has, while acting under his assignment, the same jurisdiction as a district judge assigned to that registry. every deputy district judge appointed under this section is, by virtue of his office, capable of acting as a district judge in any district registry to which he is not assigned, but may act in a district registry to which he is not assigned only in accordance with arrangements made by or on behalf of the lord chief justice. subsection (6) of section 91 applies in relation to a deputy district judge appointed under this section as it applies in relation to a person appointed under that section. a person appointed under this section may be removed from office as a deputy district judge— only by the lord chancellor with the agreement of the lord chief justice, and only on— the ground of inability or misbehaviour, or a ground specified in the person's terms of appointment. subject to subsection (5zc), the term of a person's appointment under this section (including a term already extended under this subsection) must be extended by the lord chancellor before its expiry. extension under subsection (5zb)— requires the person's agreement, is to be for such term as the lord chancellor thinks fit, and may be refused on— the ground of inability or misbehaviour, or a ground specified in the person's terms of appointment, but only with any agreement of the lord chief justice, or a nominee of the lord chief justice, that may be required by those terms. subject to the preceding provisions of this section (but subject in the first place to the judicial pensions and retirement act 1993), a person appointed under this section is to hold and vacate office as a deputy district judge in accordance with the terms of the person's appointment, which are to be such as the lord chancellor may determine. the lord chief justice may nominate a senior judge (as defined in section 109(5) of the constitutional reform act 2005) to exercise the lord chief justice's functions under subsection (1) or (5za)(a). the lord chief justice may nominate a judicial office holder (as defined in section 109(4) of the constitutional reform act 2005) to exercise his functions under subsection (4a). [repealed] 103. [repealed] subheading 6. district probate registries 104. district probate registries the lord chancellor may , after consulting the lord chief justice, by order direct that there shall be district probate registries of the high court at such places and for such districts as are specified in the order. any order under this section shall be made by statutory instrument, which shall be laid before parliament after being made. the lord chief justice may nominate a judicial office holder (as defined in section 109(4) of the constitutional reform act 2005) to exercise his functions under this section. part v. probate causes and matters subheading 1. procedure in probate registries in relation to grants of representation 105. applications applications for grants of probate or administration and for the revocation of grants may be made to— the principal registry of the family division (in this part referred to as “the principal registry”); or a district probate registry. 106. grants by district probate registrars any grant made by a district probate registrar shall be made in the name of the high court under the seal used in the registry. [repealed] [repealed] [repealed] 107. no grant where conflicting applications subject to probate rules, no grant in respect of the estate, or part of the estate, of a deceased person shall be made out of the principal registry or any district probate registry on any application if, at any time before the making of a grant, it appears to the registrar concerned that some other application has been made in respect of that estate or, as the case may be, that part of it and has not been either refused or withdrawn. 108. caveats a caveat against a grant of probate or administration may be entered in the principal registry or in any district probate registry. on a caveat being entered in a district probate registry, the district probate registrar shall immediately send a copy of it to the principal registry to be entered among the caveats in that registry. 109. refusal of grant where capital transfer tax unpaid no grant shall be made, and no grant made outside the united kingdom shall be resealed, except— on the production of information or documents under regulations under section 256(1)(aa) of the inheritance tax act 1984 (excepted estates); or on the production of an account prepared in pursuance of that act showing by means of such receipt or certification as may be prescribed by the commissioners either— that the inheritance tax payable on the delivery of the account has been paid; or that no such tax is so payable. arrangements may be made between the president of the family division and the commissioners providing for the purposes of subsection (1)(b) in such cases as may be specified in the arrangements that the receipt of certification of an account may be dispensed with or that some other document may be substituted for the account required by the capital transfer tax act 1984. in this section and the following section, “the commissioners” means the commissioners of inland revenue [repealed] 110. documents to be delivered to commissioners of inland revenue subject to any arrangements which may from time to time be made between the president of the family division and the commissioners, the principal registry and every district probate registry shall, within such period after a grant as the president may direct, deliver to the commissioners or their proper officer the following documents— in the case of a grant of probate or of administration with the will annexed, a copy of the will; in every case, such certificate or note of the grant as the commissioners may require. 111. records of grants there shall continue to be kept records of all grants which are made in the principal registry or in any district probate registry. those records shall be in such form, and shall contain such particulars, as the president of the family division may direct. subheading 2. powers of court in relation to personal representatives 112. summons to executor to prove or renounce the high court may summon any person named as executor in a will to prove, or renounce probate of, the will, and to do such other things concerning the will as the court had power to order such a person to do immediately before the commencement of this act. 113. power of court to sever grant subject to subsection (2), the high court may grant probate or administration in respect of any part of the estate of a deceased person, limited in any way the court thinks fit. where the estate of a deceased person is known to be insolvent, the grant of representation to it shall not be severed under subsection (1) except as regards a trust estate in which he had no beneficial interest. 114. number of personal representatives probate or administration shall not be granted by the high court to more than four persons in respect of the same part of the estate of a deceased person. where under a will or intestacy any beneficiary is a minor or a life interest arises, any grant of administration by the high court shall be made either to a trust corporation (with or without an individual) or to not less than two individuals, unless it appears to the court to be expedient in all the circumstances to appoint an individual as sole administrator. for the purpose of determining whether a minority or life interest arises in any particular case, the court may act on such evidence as may be prescribed. if at any time during the minority of a beneficiary or the subsistence of a life interest under a will or intestacy there is only one personal representative (not being a trust corporation), the high court may, on the application of any person interested or the guardian or receiver of any such person, and in accordance with probate rules, appoint one or more additional personal representatives to act while the minority or life interest subsists and until the estate is fully administered. an appointment of an additional personal representative under subsection (4) to act with an executor shall not have the effect of including him in any chain of representation. 115. grants to trust corporations the high court may— where a trust corporation is named in a will as executor, grant probate to the corporation either solely or jointly with any other person named in the will as executor, as the case may require; or grant administration to a trust corporation, either solely or jointly with another person; and the corporation may act accordingly as executor or administrator, as the case may be. probate or administration shall not be granted to any person as nominee of a trust corporation. any officer authorised for the purpose by a trust corporation or its directors or governing body may, on behalf of the corporation, swear affidavits, give security and do any other act which the court may require with a view to the grant to the corporation of probate or administration; and the acts of an officer so authorised shall be binding on the corporation. subsections (1) to (3) shall also apply in relation to any body which is exempt from the provisions of section 23(1) of the solicitors act 1974 (unqualified persons not to prepare papers for probate etc.) by virtue of any of paragraphs (e) to (h) of subsection (2) of that section. 116. power of court to pass over prior claims to grant if by reason of any special circumstances it appears to the high court to be necessary or expedient to appoint as administrator some person other than the person who, but for this section, would in accordance with probate rules have been entitled to the grant, the court may in its discretion appoint as administrator such person as it thinks expedient. any grant of administration under this section may be limited in any way the court thinks fit. 117. administration pending suit where any legal proceedings concerning the validity of the will of a deceased person, or for obtaining, recalling or revoking any grant, are pending, the high court may grant administration of the estate of the deceased person in question to an administrator pending suit, who shall, subject to subsection (2), have all the rights, duties and powers of a general administrator. an administrator pending suit shall be subject to the immediate control of the court and act under its direction; and, except in such circumstances as may be prescribed, no distribution of the estate, or any part of the estate, of the deceased person in question shall be made by such an administrator without the leave of the court. the court may, out of the estate of the deceased, assign an administrator pending suit such reasonable remuneration as it thinks fit. 118. effect of appointment of minor as executor where a testator by his will appoints a minor to be an executor, the appointment shall not operate to vest in the minor the estate, or any part of the estate, of the testator, or to constitute him a personal representative for any purpose, unless and until probate is granted to him in accordance with probate rules. 119. administration with will annexed administration with the will annexed shall be granted, subject to and in accordance with probate rules, in every class of case in which the high court had power to make such a grant immediately before the commencement of this act. where administration with the will annexed is granted, the will of the deceased shall be performed and observed in the same manner as if probate of it had been granted to an executor. 120. power to require administrators to produce sureties as a condition of granting administration to any person the high court may, subject to the following provisions of this section and subject to and in accordance with probate rules, require one or more sureties to guarantee that they will make good, within any limit imposed by the court on the total liability of the surety or sureties, any loss which any person interested in the administration of the estate of the deceased may suffer in consequence of a breach by the administrator of his duties as such. a guarantee given in pursuance of any such requirement shall enure for the benefit of every person interested in the administration of the estate of the deceased as if contained in a contract under seal made by the surety or sureties with every such person and, where there are two or more sureties, as if they had bound themselves jointly and severally. no action shall be brought on any such guarantee without the leave of the high court. stamp duty shall not be chargeable on any such guarantee. this section does not apply where administration is granted to the treasury solicitor, the official solicitor, the public trustee, the solicitor for the affairs of the duchy of lancaster or the duchy of cornwall or the crown solicitor for northern ireland, or to the consular officer of a foreign state to which section 1 of the consular conventions act 1949 applies, or in such other cases as may be prescribed. subheading 3. revocation of grants and cancellation of resealing at instance of court 121. revocation of grants and cancellation of resealing at instance of court where it appears to the high court that a grant either ought not to have been made or contains an error, the court may call in the grant and, if satisfied that it would be revoked at the instance of a party interested, may revoke it. a grant may be revoked under subsection (1) without being called in, if it cannot be called in. where it appears to the high court that a grant resealed under the colonial probates acts 1892 and 1927 ought not to have been resealed, the court may call in the relevant document and, if satisfied that the resealing would be cancelled at the instance of a party interested, may cancel the resealing. in this and the following subsection “the relevant document” means the original grant or, where some other document was sealed by the court under those acts, that document. a resealing may be cancelled under subsection (3) without the relevant document being called in, if it cannot be called in. subheading 4. ancillary powers of court 122. examination of person with knowledge of testamentary document where it appears that there are reasonable grounds for believing that any person has knowledge of any document which is or purports to be a testamentary document, the high court may, whether or not any legal proceedings are pending, order him to attend for the purpose of being examined in open court. the court may— require any person who is before it in compliance with an order under subsection (1) to answer any question relating to the document concerned; and if appropriate, order him to bring in the document in such manner as the court may direct. any person who, having been required by the court to do so under this section, fails to attend for examination, answer any question or bring in any document shall be guilty of contempt of court. 123. subpoena to bring in testamentary document where it appears that any person has in his possession, custody or power any document which is or purports to be a testamentary document, the high court may, whether or not any legal proceedings are pending, issue a subpoena requiring him to bring in the document in such manner as the court may in the subpoena direct. subheading 5. provisions as to documents 124. place for deposit of original wills and other documents all original wills and other documents which are under the control of the high court in the principal registry or in any district probate registry shall be deposited and preserved in such places as may be provided for in directions given in accordance with part 1 of schedule 2 to the constitutional reform act 2005; and any wills or other documents so deposited shall, subject to the control of the high court and to probate rules, be open to inspection. 125. copies of wills and grants an office copy, or a sealed and certified copy, of any will or part of a will open to inspection under section 124 or of any grant may, on payment of the fee prescribed by an order under section 92 of the courts act 2003 (fees), be obtained— from the registry in which in accordance with section 124 the will or documents relating to the grant are preserved; or where in accordance with that section the will or such documents are preserved in some place other than a registry, from the principal registry; or subject to the approval of the senior registrar of the family division, from the principal registry in any case where the will was proved in or the grant was issued from a district probate registry. 126. depositories for wills of living persons there shall be provided, under the control and direction of the high court, safe and convenient depositories for the custody of the wills of living persons; and any person may deposit his will in such a depository on payment of the fee prescribed by an order under section 92 of the courts act 2003 (fees) and subject to such conditions as may be prescribed by regulations made by the president of the family division with the concurrence of the lord chancellor. any regulations made under this section shall be made by statutory instrument which shall be laid before parliament after being made; and the statutory instruments act 1946 shall apply to a statutory instrument containing regulations under this section in like manner as if they had been made by a minister of the crown. subheading 6. probate rules 127. probate rules rules of court (in this part referred to as “probate rules”) may be made in accordance with part 1 of schedule 1 to the constitutional reform act 2005 for regulating and prescribing the practice and procedure of the high court with respect to non-contentious or common form probate business. without prejudice to the generality of subsection (1), probate rules may make provision for regulating the classes of persons entitled to grants of probate or administration in particular circumstances and the relative priorities of their claims thereto. [repealed] subheading 7. interpretation of part v and other probate provisions 128. interpretation of part v and other probate provisions in this part, and in the other provisions of this act relating to probate causes and matters, unless the context otherwise requires— “administration” includes all letters of administration of the effects of deceased persons, whether with or without a will annexed, and whether granted for general, special or limited purposes; “estate” means real and personal estate, and “real estate” includes— chattels real and land in possession, remainder or reversion and every interest in or over land to which the deceased person was entitled at the time of his death, and real estate held on trust or by way of mortgage or security, but not money secured or charged on land; “grant” means a grant of probate or administration; “non-contentious or common form probate business” means the business of obtaining probate and administration where there is no contention as to the right thereto, including— the passing of probates and administrations through the high court in contentious cases where the contest has been terminated, all business of a non-contentious nature in matters of testacy and intestacy not being proceedings in any action, and the business of lodging caveats against the grant of probate or administration; “principal registry” means the principal registry of the family division; “probate rules” means rules of court made under section 127; “trust corporation” means the public trustee or a corporation either appointed by the court in any particular case to be a trustee or authorised by rules made under section 4(3) of the public trustee act 1906 to act as a custodian trustee; “will” includes a nuncupative will and any testamentary document of which probate may be granted. part vi. miscellaneous and supplementary subheading 1. miscellaneous provisions 129. lords commissioners to represent lord chancellor when great seal in commission when the great seal is in commission, the lords commissioners shall represent the lord chancellor for the purposes of this act; but the powers vested in him by this act in relation to— the appointment of officers, and any act for which the concurrence or presence of the lord chancellor is required by this act, may be exercised by the senior lord commissioner for the time being. 130. fees to be taken in supreme court [repealed] 131. conveyancing counsel of senior courts the conveyancing counsel of the senior courts shall be persons who have a 10 year high court qualification, within the meaning of section 71 of the courts and legal services act 1990. the conveyancing counsel of the court shall be not more than six, not less than three, in number, and shall be appointed by the lord chancellor with the concurrence of the lord chief justice. the lord chief justice may nominate a judicial office holder (as defined in section 109(4) of the constitutional reform act 2005) to exercise his functions under this section. 132. proof of documents bearing seal or stamp of senior courts or any office thereof every document purporting to be sealed or stamped with the seal or stamp of the senior courts or of any office of the senior courts shall be received in evidence in all parts of the united kingdom without further proof. 133. enrolment and engrossment of instruments the master of the rolls may make regulations for authorising and regulating the enrolment or filing of instruments in the senior courts, and for prescribing the form in which certificates of enrolment or filing are to be issued. regulations under subsection (1) shall not affect the operation of any enactment requiring or authorising the enrolment of any instrument in the senior courts or prescribing the manner in which any instrument is to be enrolled there. any instrument which is required or authorised by or under this or any other act to be enrolled or engrossed in the senior courts shall be deemed to have been duly enrolled or engrossed if it is written on material authorised or required by regulations under subsection (1) and has been filed or otherwise preserved in accordance with regulations under that subsection. the lord chancellor may, with the concurrence of the master of the rolls and of the treasury, make regulations prescribing the fees to be paid on the enrolment or filing of any instrument in the senior courts, including any additional fees payable on the enrolment or filing of any instrument out of time. any regulations under this section shall be made by statutory instrument, which shall be laid before parliament after being made; and the statutory instruments act 1946 shall apply to a statutory instrument containing regulations under subsection (1) in like manner as if the regulations had been made by a minister of the crown. 134. powers of attorney deposited before october 1971 this section applies to any instrument creating, or verifying the execution of, a power of attorney which was deposited in the central office of the senior courts before 1st october 1971. a separate file of such instruments shall continue to be kept and, subject to payment of any the fee prescribed by an order under section 92 of the courts act 2003 (fees)— any person may search that file, and may inspect any such instrument; and an office copy of any such instrument shall be issued to any person on request. a document purporting to be an office copy of any such instrument shall, in any part of the united kingdom, without further proof be sufficient evidence of the contents of the instrument and of its having been deposited as mentioned in subsection (1). 135. bonds given under order of court a bond to be given by any person under or for the purposes of any order of the high court or the civil division of the court of appeal shall be given in such form and to such officer of the court as may be prescribed and, if the court so requires, with one or more sureties. an officer of the court to whom a bond is given in accordance with subsection (1) shall as such have power to enforce it or to assign it, pursuant to an order of the court under subsection (4), to some other person. where by rules of court made for the purposes of this section another officer is at any time substituted for the officer previously prescribed as the officer to whom bonds of any class are to be given, the rules may provide that bonds of that class given before the rules come into operation shall have effect as if references in the bonds to the officer previously prescribed were references to the substituted officer. where it appears to the court that the condition of a bond given in accordance with subsection (1) has been broken, the court may, on an application in that behalf, order the bond to be assigned to such person as may be specified in the order. a person to whom a bond is ordered to be assigned under subsection (4) shall be entitled by virtue of the order to sue on the bond in his own name as if it had been originally given to him, and to recover on it as trustee for all persons interested the full amount recoverable in respect of the breach of condition. 136. production of documents filed in, or in custody of, senior courts rules may be made in accordance with part 1 of schedule 1 to the constitutional reform act 2005 for providing that, in any case where a document filed in, or in the custody of, any office of the senior courts is required to be produced to any court or tribunal (including an umpire or arbitrator) sitting elsewhere than at the royal courts of justice— it shall not be necessary for any officer, whether served with a subpoena in that behalf or not, to attend for the purpose of producing the document; but the document may be produced to the court or tribunal by sending it to the court or tribunal, in the manner prescribed in the rules, together with a certificate, in the form so prescribed, to the effect that the document has been filed in, or is in the custody of, the office; and any such certificate shall be prima facie evidence of the facts stated in it. rules under this section may contain— provisions for securing the safe custody and return to the proper office of the senior courts of any document sent to a court or tribunal in pursuance of the rules; and such incidental and supplementary provisions as appear to the person making the rules to be necessary or expedient. [repealed] 137. money paid into court under enactment subsequently repealed where in pursuance of any enactment, whenever passed, any money has (before or after the commencement of this act) been paid— into the bank of england in the name of the accountant general of the senior courts; or into the senior courts, then, if that enactment has been or is subsequently repealed— the accountant general may continue to deal with the money; and any powers of the high court with respect to the money shall continue to be exercisable, in all respects as if that enactment had not been repealed. 138. effect of writs of execution against goods [repealed] 138a. sales under executions [repealed] 138b. protection of officer selling goods under execution [repealed] 139. attachment of national savings bank deposits in section 27 of the crown proceedings act 1947 (attachment of moneys payable by the crown)— in subsection (1), paragraph (c) of the proviso (which precludes the making of orders under that subsection by the high court or a county court in respect of money payable on account of a deposit in the national savings bank) shall cease to have effect; and after subsection (2) there shall be added— "(3)in their application to england and wales the preceding provisions of this section shall have effect subject to any order for the time being in force under section 139(2) of the supreme court act 1981." the lord chancellor may by order direct that section 27(1) and (2) of the crown proceedings act 1947 (attachment of moneys payable by the crown) shall not apply in relation to any money payable by the crown to any person on account of— any deposit in the national savings bank; or a deposit in that bank of any description specified in the order. any order under subsection (2) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either house of parliament. without prejudice to section 153(4), this section extends to england and wales only. 140. enforcement of fines and forfeited recognizances payment of a fine imposed, or sum due under a recognizance forfeited, by the high court or the civil division of the court of appeal may be enforced upon the order of the court— in like manner as a judgment of the high court for the payment of money; or in like manner as a fine imposed by the crown court. where payment of a fine or other sum falls to be enforced as mentioned in paragraph (a) of subsection (1) upon an order of the high court or the civil division of the court of appeal under that subsection— the court shall, if the fine or the other sum is not paid in full forthwith or within such time as the court may allow, certify to her majesty’s remembrancer the sum payable; and her majesty’s remembrancer shall thereupon proceed to enforce payment of that sum as if it were due to him as a judgment debt. where payment of a fine or other sum falls to be enforced as mentioned in paragaph (b) of subsection (1) upon an order of the high court or the civil division of the court of appeal under that subsection, the provisions of sections 139 and 140 of the powers of criminal courts (sentencing) act 2000 shall apply to that fine or other sum as they apply to a fine imposed by the crown court. where payment of a fine or other sum has become enforceable by her majesty’s remembrancer by virtue of this section or section 16 of the contempt of court act 1981, any payment received by him in respect of that fine or other sum shall be dealt with by him in such manner as the lord chancellor may direct. in this section, and in sections 139 and 140 of the powers of criminal courts (sentencing) act 2000 as extended by this section, “fine” includes a penalty imposed in civil proceedings. 141. abolition of certain writs [repealed] 142. selection of judges for trial of election petitions the judges to be placed on the rota for the trial of parliamentary election petitions in england and wales under part iii of the representation of the people act 1983 in each year shall be selected, in such manner as may be provided by rules of court, from the judges of the queen’s bench division of the high court exclusive of any who are members of the house of lords. notwithstanding the expiry of the year for which a judge has been placed on the rota he may act as if that year had not expired for the purpose of continuing to deal with, giving judgment in, or dealing with ancillary matter relating to, any case with which he may have been concerned during that year. any judge placed on the rota shall be eligible to be placed on the rota again in the succeeding or any subsequent year. 143. [repealed] 144. [repealed] 145. amendment of courts-martial (appeals) act 1968 the courts-martial (appeals) act 1968 shall be amended as follows. in section 2(1)(a) (under which the judges of the courts-martial appeal court include such judges of the queen’s bench division of the high court as may be nominated for that purpose by the lord chief justice after consultation with the master of the rolls), the words “of the queen’s bench division” and “after consultation with the master of the rolls” shall be omitted. in section 3(a) (under which the powers of the courts-martial appeal court may be exercised by any judge of the queen’s bench division of the high court), the words “of the queen’s bench division” shall be omitted. for section 5 (constitution of appeal court for particular sittings) there shall be substituted— "5 (1) subject to subsection (4) below, the appeal court shall be duly constituted if it consists of an uneven number of judges not less than three. (2) where— (a)part of any proceedings before the appeal court has been heard by an uneven number of judges greater than three; and (b) one or more members of the court as constituted for the purpose of those proceedings are unable to continue, then, subject to subsection (4) below, the court shall remain duly constituted for the purpose of those proceedings so long as the number of members (whether even or uneven) is not reduced to less than three. (3) subject to subsection (4) below, the appeal court shall, if it consists of two judges, be duly constituted for every purpose except— (a) determining an appeal against— (i) conviction; or (ii) a finding of not guilty by reason of insanity; or (iii) a finding of unfitness to stand trial; (b) determining an application for leave to appeal to the house of lords; and (c) refusing an application for leave to appeal to the appeal court against conviction or any such finding as is mentioned in paragraph (a)(ii) or (iii), other than an application which has been refused by a single judge. (4) at least one of the judges of which the appeal court consists at any sitting must be a judge of the court by virtue of section 2(1) of this act, except that where the court is directed to sit at a place outside the united kingdom the lord chancellor may, if he thinks it expedient to do so, direct that this provision shall not apply to the court while sitting at that place. (5) where an appeal has been heard by the appeal court and the court as constituted for that purpose consists of an even number of judges, then, if those judges are equally divided, the case shall be re-argued before and determined by an uneven number of judges not less than three." in section 36(2) (rights of appellant on refusal of single judge to exercise certain powers in his favour) for “for the hearing and determination of appeals” there shall be substituted “for the purpose in accordance with section 5 of this act”. 146. amendment of courts act 1971 for section 24 of the courts act 1971 (deputy high court and circuit judges) there shall be substituted— "24 deputy circuit judges and assistant recorders. (1) if it appears to the lord chancellor that it is expedient as a temporary measure to make an appointment under this section in order to facilitate the disposal of business in the crown court or a county court or official referees’ business in the high court, he may— (a) appoint to be a deputy circuit judge, during such period or on such occasions as he thinks fit, any person who has held office as a judge of the court of appeal or of the high court or as a circuit judge; or (b) appoint to be an assistant recorder, during such period or on such occasions as he thinks fit, any barrister or solicitor of at least ten years’ standing. (2) except as provided by subsection (3) below, during the period or on the occasions for which a deputy circuit judge or assistant recorder is appointed under this section he shall be treated for all purposes as, and accordingly may perform any of the functions of, a circuit judge or a recorder, as the case may be. (3) a deputy circuit judge appointed under this section shall not be treated as a circuit judge for the purpose of any provision made by or under any enactment and relating to the appointment, retirement, removal or disqualification of circuit judges, the tenure of office and oaths to be taken by such judges, or the remuneration, allowances or pensions of such judges; and section 21 of this act shall not apply to an assistant recorder appointed under this section. (4) notwithstanding the expiry of any period for which a person is appointed under this section a deputy circuit judge or an assistant recorder, he may attend at the crown court or a county court or, as regards any official referees’ business, at the high court for the purpose of continuing to deal with, giving judgment in, or dealing with any ancillary matter relating to, any case which may have been begun before him when sitting as a deputy circuit judge or an assistant recorder, and for that purpose and for the purpose of any proceedings subsequent thereon he shall be treated as a circuit judge or a recorder, as the case may be. (5) there shall be paid out of money provided by parliament to deputy circuit judges and assistant recorders appointed under this section such remuneration and allowances as the lord chancellor may, with the approval of the minister for the civil service, determine." 147. amendment of solicitors act 1974 in section 50 of the solicitors act 1974 (jurisdiction of senior courts over solicitors), after subsection (2) there shall be inserted— "(3) an appeal shall lie to the court of appeal from any order made against a solicitor by the high court or the crown court in the exercise of its jurisdiction in respect of solicitors under subsection (2)." 148. [repealed] 149. [repealed] subheading 2. supplementary 150. admiralty jurisdiction: provisions as to channel islands, isle of man, colonies etc her majesty may by order in council— direct that any of the provisions of sections 20 to 24 specified in the order shall extend, with such exceptions, adaptations and modifications as may be so specified, to any of the channel islands or the isle of man; or make, for any of the channel islands or the isle of man, provision for any purposes corresponding to the purposes of any of the provisions of those sections. her majesty may by order in council direct, either generally or in relation to particular courts or territories, that the colonial courts of admiralty act 1890 shall have effect as if for the reference in section 2(2) of that act to the admiralty jurisdiction of the high court in england there were substituted a reference to the admiralty jurisdiction of that court as defined by section 20 of this act, subject, however to such adaptations and modifications of section 20 as may be specified in the order. her majesty may by order in council direct that any of the provisions of sections 21 to 24 shall extend, with such exceptions, adaptations and modifications as may be specified in the order, to any colony or to any country outside her majesty’s dominions in which her majesty has jurisdiction in right of the government of the united kingdom. subsections (1) and (3) shall each have effect as if the provisions there mentioned included section 2(2) of the hovercraft act 1968 (application of the law relating to maritime liens in relation to hovercraft and property connected with them). 151. interpretation of this act, and rules of construction for other acts and documents in this act, unless the context otherwise requires— “action” means any civil proceedings commenced by writ or in any other manner prescribed by rules of court; “appeal”, in the context of appeals to the civil division of the court of appeal, includes— an application for a new trial, and an application to set aside a verdict, finding or judgment in any cause or matter in the high court which has been tried, or in which any issue has been tried, by a jury; “arbitration agreement” has the same meaning as it has in the part i of the arbitration act 1996; “cause” means any action or any criminal proceedings; “division”, where it appears with a capital letter, means a division of the high court; “judgment” includes a decree; “jurisdiction” includes powers; “matter” means any proceedings in court not in a cause; “party”, in relation to any proceedings, includes any person who pursuant to or by virtue of rules of court or any other statutory provision has been served with notice of, or has intervened in, those proceedings; “prescribed” means— except in relation to fees, prescribed by rules of court; [repealed] “qualifying judge advocate” means— the judge advocate general; or a person appointed under section 30(1)(a) or (b) of the courts-martial (appeals) act 1951 (assistants to the judge advocate general); “senior judge”, where the reference is to the senior judge of a division, means the president of that division; “solicitor” means a solicitor of the senior courts; “statutory provision” means any enactment, whenever passed, or any provision contained in subordinate legislation (as defined 0 in section 21(1) of the interpretation act 1978), whenever made; “this or any other act” includes an act passed after this act. section 128 contains definitions of expressions used in part v and in the other provisions of this act relating to probate causes and matters. any reference in this act to rules of court under section 84 includes a reference to rules of court under any provision of this or any other act which confers on the civil procedure rule committee power to make rules of court in relation to the senior courts. except where the context otherwise requires, in this or any other act— “divisional court” (with or without capital letters) means a divisional court constituted under section 66; “judge of the senior courts” means— a judge of the court of appeal other than an ex-officio judge within paragraph (b) or (c) of section 2(2), or a judge of the high court, and accordingly does not include, as such, a judge of the crown court; “official referees’ business” has the meaning given by section 68(6); “rules of the senior courts” means rules of court made by the senior courts rules committee. the provisions of schedule 4 (construction of references to superseded courts and officers) shall have effect. 152. amendments of other acts, transitional provisions, savings and repeals the enactments specified in schedule 5 shall have effect subject to the amendments there specified, being amendments consequential on the provisions of this act. [repealed] this act shall have effect subject to the transitional provisions and savings contained in schedule 6. the enactments mentioned in schedule 7 (which include certain obsolete or unnecessary provisions) are hereby repealed to the extent specified in the third column of that schedule. [repealed] [n.b. the text of s. 152(1) and (4) is in the form in which it was originally enacted: it was not reproduced in statutes in force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991] 153. citation, commencement and extent this act may be cited as the senior courts act 1981. this act, except the provisions mentioned in subsection (3), shall come into force on 1st january 1982; and references to the commencement of this act shall be construed as references to the beginning of that day. sections 72, 143 and 152(2) and this section shall come into force on the passing of this act. in this act— the following provisions extend to scotland, namely— section 80(3); section 152(4) and schedule 7, so far as they relate to the admiralty court act 1861; the following provisions extend to northern ireland so far as they relate to the northern ireland assembly disqualification act 1975, namely— section 152(1) and schedule 5; section 152(3) and paragraph 3(1) of schedule 6; the following provisions extend to scotland and northern ireland, namely— section 36; sections 132 and 134(3); section 152(1) and schedule 5, so far as they amend— references to section 49 of the senior courts of judicature (consolidation) act 1925, the house of commons disqualification act 1975, and section 4 of the evidence (proceedings in other jurisdictions) act 1975; section 152(3) and paragraph 3(1) of schedule 6, so far as they relate to the house of commons disqualification act 1975; section 152(4) and schedule 7, so far as they relate to— provisions of the senior courts of judicature (consolidation) act 1925 which extend throughout the united kingdom, the evidence and powers of attorney act 1940, and section 57(3)(a) of the courts act 1971; section 145 extends to any place to which the courts-martial (appeals) act 1968 extends, and section 152(1) and (4) and schedules 5 and 7, so far as they relate to any of the following enactments, namely— army act 1955, air force act 1955, section 9(2) of, and part ii of schedule 1 to, the criminal appeal act 1966, courts-martial (appeals) act 1968, hovercraft act 1968, extend to any place to which that enactment extends; but, save as aforesaid, the provisions of this act, other than those mentioned in subsection (5), extend to england and wales only. the provisions of this act whose extent is not restricted by subsection (4) are— section 27; section 150; section 151(1); section 152(4) and schedule 7 as far as they relate to the naval prize act 1864, the prize courts act 1915 and section 56 of the administration of justice act 1956; this section; paragraph 1 of schedule 4. [schedules omitted due to length full text of schedules can be found online at http://www.legislation.gov.uk/ukpga/1981/54/schedules] northern ireland act 1998 part i. preliminary 1. status of northern ireland it is hereby declared that northern ireland in its entirety remains part of the united kingdom and shall not cease to be so without the consent of a majority of the people of northern ireland voting in a poll held for the purposes of this section in accordance with schedule 1. but if the wish expressed by a majority in such a poll is that northern ireland should cease to be part of the united kingdom and form part of a united ireland, the secretary of state shall lay before parliament such proposals to give effect to that wish as may be agreed between her majesty’s government in the united kingdom and the government of ireland. 2. previous enactments the government of ireland act 1920 is repealed; and this act shall have effect notwithstanding any other previous enactment. 3. devolution order if it appears to the secretary of state that sufficient progress has been made in implementing the belfast agreement, he shall lay before parliament the draft of an order in council appointing a day for the commencement of parts ii and iii (“the appointed day”). if the draft order laid before parliament under subsection (1) is approved by resolution of each house of parliament, the secretary of state shall submit it to her majesty in council and her majesty in council may make the order. 4. transferred, excepted and reserved matters in this act— “excepted matter” means any matter falling within a description specified in schedule 2; “reserved matter” means any matter falling within a description specified in schedule 3; “transferred matter” means any matter which is not an excepted or reserved matter. if at any time after the appointed day it appears to the secretary of state— that any reserved matter should become a transferred matter; or that any transferred matter should become a reserved matter, he may, subject to subsections (2a) to (3d), lay before parliament the draft of an order in council amending schedule 3 so that the matter ceases to be or, as the case may be, becomes a reserved matter with effect from such date as may be specified in the order. the secretary of state shall not lay before parliament under subsection (2) the draft of an order amending schedule 3 so that a policing and justice matter ceases to be a reserved matter unless— a motion for a resolution praying that the matter should cease to be a reserved matter is tabled by the first minister and the deputy first minister acting jointly; and the resolution is passed by the assembly with the support of a majority of the members voting on the motion, a majority of the designated nationalists voting and a majority of the designated unionists voting. the secretary of state shall not lay before parliament under subsection (2) the draft of any other order unless the assembly has passed with cross-community support a resolution praying that the matter concerned should cease to be or, as the case may be, should become a reserved matter. the secretary of state shall not lay before parliament under subsection (2) the draft of an order amending paragraph 16 of schedule 3 (civil service commissioners for northern ireland) unless the secretary of state has, at least three months before laying the draft, laid a report before parliament. the report under subsection (3a) must set out the secretary of state's view of the effect (if any) that the order would have on— the independence of the civil service commissioners for northern ireland; the application of the principle that persons should be selected for appointment to the northern ireland civil service on merit on the basis of fair and open competition; and the impartiality of the northern ireland civil service. the secretary of state shall not lay before parliament under subsection (2) the draft of an order amending paragraph 42(aa) of schedule 3 (northern ireland human rights commission) unless the secretary of state has, at least three months before laying the draft, laid a report before parliament. the report under subsection (3c) must set out the secretary of state's view of the effect (if any) that the order would have on— the independence of the northern ireland human rights commission; the application of internationally accepted principles relating to national human rights institutions; and the relationship between the northern ireland human rights commission and the assembly. if the draft of an order laid before parliament under subsection (2) is approved by resolution of each house of parliament, the secretary of state shall submit it to her majesty in council and her majesty in council may make the order. in this act— “the assembly” means the new northern ireland assembly, which after the appointed day shall be known as the northern ireland assembly; “cross-community support”, in relation to a vote on any matter, means— the support of a majority of the members voting, a majority of the designated nationalists voting and a majority of the designated unionists voting; or the support of 60 per cent of the members voting, 40 per cent of the designated nationalists voting and 40 per cent of the designated unionists voting; “designated nationalist” means a member designated as a nationalist in accordance with standing orders of the assembly and “designated unionist” shall be construed accordingly. standing orders of the assembly shall provide that a member of the assembly designated in accordance with the standing orders as a nationalist, as a unionist or as other may change his designation only if— (being a member of a political party) he becomes a member of a different political party or he ceases to be a member of any political party; (not being a member of any political party) he becomes a member of a political party. in this section “policing and justice matter” means a matter falling within a description specified in— any of paragraphs 9 to 12, 14a to 15a and 17 of schedule 3; or any other provision of that schedule designated for this purpose by an order made by the secretary of state. part ii. legislative powers subheading 1. general 5. acts of the northern ireland assembly subject to sections 6 to 8, the assembly may make laws, to be known as acts. a bill shall become an act when it has been passed by the assembly and has received royal assent. a bill receives royal assent at the beginning of the day on which letters patent under the great seal of northern ireland signed with her majesty’s own hand signifying her assent are notified to the presiding officer. the date of royal assent shall be written on the act by the presiding officer, and shall form part of the act. the validity of any proceedings leading to the enactment of an act of the assembly shall not be called into question in any legal proceedings. this section does not affect the power of the parliament of the united kingdom to make laws for northern ireland, but an act of the assembly may modify any provision made by or under an act of parliament in so far as it is part of the law of northern ireland. 6. legislative competence a provision of an act is not law if it is outside the legislative competence of the assembly. a provision is outside that competence if any of the following paragraphs apply— it would form part of the law of a country or territory other than northern ireland, or confer or remove functions exercisable otherwise than in or as regards northern ireland; it deals with an excepted matter and is not ancillary to other provisions (whether in the act or previously enacted) dealing with reserved or transferred matters; it is incompatible with any of the convention rights; it is incompatible with eu law; it discriminates against any person or class of person on the ground of religious belief or political opinion; it modifies an enactment in breach of section 7. for the purposes of this act, a provision is ancillary to other provisions if it is a provision— which provides for the enforcement of those other provisions or is otherwise necessary or expedient for making those other provisions effective; or which is otherwise incidental to, or consequential on, those provisions; and references in this act to provisions previously enacted are references to provisions contained in, or in any instrument made under, other northern ireland legislation or an act of parliament. her majesty may by order in council specify functions which are to be treated, for such purposes of this act as may be specified, as being, or as not being, functions which are exercisable in or as regards northern ireland. no recommendation shall be made to her majesty to make an order in council under subsection (4) unless a draft of the order has been laid before and approved by resolution of each house of parliament. 7. entrenched enactments subject to subsection (2), the following enactments shall not be modified by an act of the assembly or subordinate legislation made, confirmed or approved by a minister or northern ireland department— the european communities act 1972; the human rights act 1998; section 43(1) to (6) and (8), section 67, sections 84 to 86b, section 95(3) and (4) and section 98; and section 1 and section 84 of the justice (northern ireland) act 2002. subsection (1) does not prevent an act of the assembly or subordinate legislation modifying section 3(3) or (4) or 11(1) of the european communities act 1972. in this act “minister”, unless the context otherwise requires, means the first minister, the deputy first minister or a northern ireland minister. 7a. cross-community support required for bill altering size of assembly the assembly shall not pass a relevant bill without cross-community support. in this section— “pass”, in relation to a bill, means pass at the stage in the assembly's proceedings at which the bill falls finally to be passed or rejected; “relevant bill” means a bill containing a provision which deals with a matter falling within a description specified in paragraph 7a of schedule 3 (size of assembly).” 8. consent of secretary of state required in certain cases the consent of the secretary of state shall be required in relation to a bill which contains— a provision which deals with an excepted matter and is ancillary to other provisions (whether in the bill or previously enacted) dealing with reserved or transferred matters; or a provision which deals with a reserved matter. subheading 2. scrutiny and stages of bills 9. scrutiny by ministers a minister in charge of a bill shall, on or before introduction of it in the assembly, make a statement to the effect that in his view the bill would be within the legislative competence of the assembly. the statement shall be in writing and shall be published in such manner as the minister making the statement considers appropriate. 10. scrutiny by presiding officer standing orders shall ensure that a bill is not introduced in the assembly if the presiding officer decides that any provision of it would not be within the legislative competence of the assembly. subject to subsection (3)— the presiding officer shall consider a bill both on its introduction and before the assembly enters on its final stage; and if he considers that the bill contains— any provision which deals with an excepted matter and is ancillary to other provisions (whether in the bill or previously enacted) dealing with reserved or transferred matters; or any provision which deals with a reserved matter, he shall refer it to the secretary of state; and the assembly shall not proceed with the bill or, as the case may be, enter on its final stage unless— the secretary of state’s consent to the consideration of the bill by the assembly is signified; or the assembly is informed that in his opinion the bill does not contain any such provision as is mentioned in paragraph (b)(i) or (ii). subsection (2)(b) and (c) shall not apply— where, in the opinion of the presiding officer, each provision of the bill which deals with an excepted or reserved matter is ancillary to other provisions (whether in the bill or previously enacted) dealing with transferred matters only; or on the introduction of a bill, where the bill has been endorsed with a statement that the secretary of state has consented to the assembly considering the bill. in this section and section 14 “final stage”, in relation to a bill, means the stage in the assembly’s proceedings at which the bill falls finally to be passed or rejected. 11. scrutiny by the supreme court the attorney general for northern ireland may refer the question of whether a provision of a bill would be within the legislative competence of the assembly to the supreme court for decision. subject to subsection (3), he may make a reference in relation to a provision of a bill at any time during— the period of four weeks beginning with the passing of the bill; and the period of four weeks beginning with any subsequent approval of the bill in accordance with standing orders made by virtue of section 13(6). if he notifies the presiding officer that he does not intend to make a reference in relation to a provision of a bill, he shall not make such a reference unless, after the notification, the bill is approved as mentioned in subsection (2)(b). if the supreme court decides that any provision of a bill would be within the legislative competence of the assembly, its decision shall be taken as applying also to that provision if contained in the act when enacted. 12. reconsideration where reference made to ecj this section applies where— a reference has been made under section 11 in relation to a provision of a bill; a reference for a preliminary ruling has been made by the supreme court in connection with that reference; and neither of the references has been decided or otherwise disposed of. if the assembly resolves that it wishes to reconsider the bill— the presiding officer shall notify the attorney general for northern ireland and the attorney general of that fact; and the attorney general for northern ireland shall request the withdrawal of the reference under section 11. in this section “reference for a preliminary ruling” means a reference of a question to the european court of justice under— article 267 of the treaty on the functioning of the european union; or [repealed] article 150 of the treaty establishing the european atomic energy community. 13. stages of bills standing orders shall include provision— for general debate on a bill with an opportunity for members to vote on its general principles; for the consideration of, and an opportunity for members to vote on, the details of a bill; and for a final stage at which a bill can be passed or rejected but not amended. standing orders may, in relation to different types of bill, modify provisions made in pursuance of subsection (1)(a) or (b). standing orders— shall include provision for establishing such a committee as is mentioned in paragraph 11 of strand one of the belfast agreement; may include provision for the details of a bill to be considered by the committee in such circumstances as may be specified in the orders. standing orders shall include provision— requiring the presiding officer to send a copy of each bill, as soon as reasonably practicable after introduction, to the northern ireland human rights commission; and enabling the assembly to ask the commission, where the assembly thinks fit, to advise whether a bill is compatible with human rights (including the convention rights). standing orders shall provide for an opportunity for the reconsideration of a bill after its passing if (and only if)— the supreme court decides that any provision of the bill would not be within the legislative competence of the assembly; a reference made in relation to a provision of the bill under section 11 has been withdrawn following a request for withdrawal under section 12; a decision is made in relation to the bill under section 14(4) or (5); or a motion under section 15(1) is passed by either house of parliament. standing orders shall, in particular, ensure that any bill amended on reconsideration is subject to a final stage at which it can be approved or rejected but not amended. references in subsection (5) and other provisions of this act to the passing of a bill shall, in the case of a bill which has been amended on reconsideration, be read as references to the approval of the bill. subheading 3. royal assent 14. submission by secretary of state it shall be the secretary of state who submits bills for royal assent. the secretary of state shall not submit a bill for royal assent at any time when— the attorney general for northern ireland is entitled to make a reference in relation to a provision of the bill under section 11; or any such reference has been made but has not been decided or otherwise disposed of by the supreme court. if— the supreme court has decided that any provision of a bill would not be within the legislative competence of the assembly; or a reference made in relation to a provision of the bill under section 11 has been withdrawn following a request for withdrawal under section 12, the secretary of state shall not submit the bill in its unamended form for royal assent. the secretary of state shall not submit a bill for royal assent if the assembly has passed the bill in contravention of section 7a (cross-community support required for bill altering size of assembly). the secretary of state may, unless he consents to it, decide not to submit for royal assent a bill containing a provision— which the secretary of state considers deals with an excepted matter and is ancillary to other provisions (whether in the bill or previously enacted) dealing with reserved or transferred matters; or which the secretary of state considers deals with a reserved matter, if the bill has not been referred to him under subsection (2) of section 10 (whether by virtue of subsection (3)(a) of that section or otherwise) before the assembly enters on its final stage. the secretary of state may decide not to submit for royal assent a bill which contains a provision which he considers— would be incompatible with any international obligations, with the interests of defence or national security or with the protection of public safety or public order; or would have an adverse effect on the operation of the single market in goods and services within the united kingdom. 15. parliamentary control where consent given subject to subsections (2) and (3), a bill to which the secretary of state has consented under this part shall not be submitted by him for royal assent unless he has first laid it before parliament and either— the period of 20 days beginning with the date on which it is laid has expired without notice having been given in either house of a motion that the bill shall not be submitted for royal assent; or if notice of such a motion is given within that period, the motion has been rejected or withdrawn. subsection (1) shall not apply to a bill if the secretary of state considers that it contains no provision which deals with an excepted or reserved matter except a provision which is ancillary to other provisions (whether in the bill or previously enacted) dealing with transferred matters only. subsection (1) shall not apply to a bill if the secretary of state considers that by reason of urgency it should be submitted for royal assent without first being laid before parliament. any bill submitted by virtue of subsection (3) shall, if given royal assent, be laid before parliament by the secretary of state after royal assent, and if— within the period of 20 days beginning with the date on which it is laid notice is given in either house of a motion praying that the act of the assembly shall cease to have effect; and that motion is carried,her majesty may by order in council repeal that act with effect from such date as may be specified in the order. an order in council under subsection (4) may make such consequential and transitional provisions and such savings in connection with the repeal as appear to her majesty to be necessary or expedient. any notice of motion for the purposes of subsection (1) or (4) must be signed by not less than 20 members of the house in which it is given; and the period mentioned in that subsection shall be computed, in relation to each house, by reference only to days on which that house sits. part iii. executive authorities subheading 1. authorities 16a. appointment of first minister, deputy first minister and northern ireland ministers following assembly election this section applies where an assembly is elected under section 31 or 32. all northern ireland ministers shall cease to hold office. within a period of seven days beginning with the first meeting of the assembly— the offices of first minister and deputy first minister shall be filled by applying subsections (4) to (7); and the ministerial offices to be held by northern ireland ministers shall be filled by applying section 18(2) to (6). the nominating officer of the largest political party of the largest political designation shall nominate a member of the assembly to be the first minister. the nominating officer of the largest political party of the second largest political designation shall nominate a member of the assembly to be the deputy first minister. if the persons nominated do not take up office within a period specified in standing orders, further nominations shall be made under subsections (4) and (5). subsections (4) to (6) shall be applied as many times as may be necessary to secure that the offices of first minister and deputy first minister are filled. but no person may take up office as first minister, deputy first minister or northern ireland minister by virtue of this section after the end of the period mentioned in subsection (3) (see further section 32(3)). the persons nominated under subsections (4) and (5) shall not take up office until each of them has affirmed the terms of the pledge of office. subject to the provisions of this part, the first minister and the deputy first minister shall hold office until immediately before those offices are next filled by virtue of this section. the holder of the office of first minister or deputy first minister may by notice in writing to the presiding officer designate a northern ireland minister to exercise the functions of that office— during any absence or incapacity of the holder; or during any vacancy in that office arising otherwise than under section 16b(2), but a person shall not have power to act by virtue of paragraph (a) for a continuous period exceeding six weeks. this section shall be construed in accordance with, and is subject to, section 16c. 16b. vacancies in the office of first minister or deputy first minister the first minister or the deputy first minister— may at any time resign by notice in writing to the presiding officer; and shall cease to hold office if he ceases to be a member of the assembly otherwise than by virtue of a dissolution. if either the first minister or the deputy first minister ceases to hold office at any time, whether by resignation or otherwise, the other— shall also cease to hold office at that time; but may continue to exercise the functions of his office until immediately before those offices are filled in accordance with this section. where the offices of the first minister and the deputy first minister become vacant at any time, they shall be filled by applying subsections (4) to (7) within a period of seven days beginning with that time. the nominating officer of the largest political party of the largest political designation shall nominate a member of the assembly to be the first minister. the nominating officer of the largest political party of the second largest political designation shall nominate a member of the assembly to be the deputy first minister. if the persons nominated do not take up office within a period specified in standing orders, further nominations shall be made under subsections (4) and (5). subsections (4) to (6) shall be applied as many times as may be necessary to secure that the offices of first minister and deputy first minister are filled. but no person may take up office as first minister or deputy first minister under this section after the end of the period mentioned in subsection (3) (see further section 32(3)). the persons nominated under subsections (4) and (5) shall not take up office until each of them has affirmed the terms of the pledge of office. this section shall be construed in accordance with, and is subject to, section 16c. 16c. sections 16a and 16b: supplementary in sections 16a and 16b and this section “nominating officer”, in relation to a party, means— the person registered under part 2 of the political parties, elections and referendums act 2000 as the party's nominating officer; or a member of the assembly nominated by him for the purposes of this section. for the purposes of sections 16a and 16b and this section— the size of a political party is to be determined by reference to the number of seats in the assembly which were held by members of the party on the day on which the assembly first met following its election; but if two or more parties are taken by virtue of paragraph (a) to be of the same size, the respective sizes of those parties is to be determined by reference to the number of first preference votes cast for the parties at the last general election of members of the assembly; (this is subject to subsections (7) and (8)). for the purposes of sections 16a and 16b and this section, a political party to which one or more members of the assembly belong is to be taken— to be of the political designation “nationalist” if, at the relevant time (see subsection (11)), more than half of the members of the assembly who belonged to the party were designated nationalists; to be of the political designation “unionist” if, at the relevant time, more than half of the members of the assembly who belonged to the party were designated unionists; otherwise, to be of the political designation “other”. for the purposes of sections 16a and 16b and this section— the size of the political designation “nationalist” is to be taken to be equal to the number of members of the assembly who, at the relevant time, were designated nationalists; the size of the political designation “unionist” is to be taken to be equal to the number of members of the assembly who, at the relevant time, were designated unionists; the size of the political designation “other” is to be taken to be equal to the number of members of the assembly who, at the relevant time, were neither designated nationalists nor designated unionists. but if two or more political designations are taken by virtue of subsection (4) to be of the same size, the respective sizes of those designations is to be determined by reference to the aggregate number of first preference votes cast, at the last general election of members of the assembly, for members of the assembly who, at the relevant time, were— designated nationalists (in the case of the political designation “nationalist”); designated unionists (in the case of the political designation “unionist”); or neither designated nationalists nor designated unionists (in the case of the political designation “other”). if at any time the party which is the largest political party of the largest political designation is not the largest political party— any nomination to be made at that time under section 16a(4) or 16b(4) shall instead be made by the nominating officer of the largest political party; and any nomination to be made at that time under section 16a(5) or 16b(5) shall instead be made by the nominating officer of the largest political party of the largest political designation. where— the assembly has resolved under section 30(2) that a political party does not enjoy its confidence; and the party's period of exclusion (see subsection (12)) under that provision has not come to an end, subsection (2)(a) above shall have effect as if the number of seats in the assembly which were held by members of the party on the day on which the assembly first met following its election was nil. [omitted] where— a person nominated by the nominating officer of a political party ceased to hold office as first minister or deputy first minister as a result of a resolution of the assembly under section 30(2); and the party's period of exclusion under section 30(2) subsequently comes to an end otherwise than by virtue of the dissolution of the assembly, the first minister and the deputy first minister shall cease to hold office when the party's period of exclusion under that provision comes to an end. [omitted] in this section “the relevant time” means the end of the day on which the assembly first met following its election. in this section, a reference to a period of exclusion is, in the case of a period of exclusion which has been extended, a reference to that period as extended. standing orders may make further provision in connection with the making of nominations under sections 16a and 16b. in this act “the pledge of office” means the pledge of office which, together with the code of conduct to which it refers, is set out in schedule 4. 17. ministerial offices the first minister and the deputy first minister acting jointly may at any time, and shall where subsection (2) applies, determine— the number of ministerial offices to be held by northern ireland ministers; and the functions to be exercisable by the holder of each such office. this subsection applies where provision is made by an act of the assembly for establishing a new northern ireland department or dissolving an existing one. in making a determination under subsection (1), the first minister and the deputy first minister shall ensure that the functions exercisable by those in charge of the different northern ireland departments existing at the date of the determination are exercisable by the holders of different ministerial offices. the number of ministerial offices shall not exceed 10 or such greater number as the secretary of state may by order provide. a determination under subsection (1) shall not have effect unless it is approved by a resolution of the assembly passed with cross-community support. 18. northern ireland ministers where— [omitted] a determination under section 17(1) takes effect; a resolution which causes one or more ministerial offices to become vacant is passed under section 30(2); [omitted] a period of exclusion under section 30(2) comes to an end; or. such other circumstances obtain as may be specified in standing orders, all northern ireland ministers shall cease to hold office and the ministerial offices shall be filled by applying subsections (2) to (6) within a period so specified. the nominating officer of the political party for which the formula in subsection (5) gives the highest figure may select a ministerial office and nominate a person to hold it who is a member of the party and of the assembly. if— the nominating officer does not exercise the power conferred by subsection (2) within a period specified in standing orders; or the nominated person does not take up the selected ministerial office within that period, that power shall become exercisable by the nominating officer of the political party for which the formula in subsection (5) gives the next highest figure. subsections (2) and (3) shall be applied as many times as may be necessary to secure that each of the ministerial offices is filled. the formula is— s/(1+m) where— s = the number of seats in the assembly which were held by members of the party on the day on which the assembly first met following its election; m = the number of ministerial offices (if any) which are held by members of the party. where the figures given by the formula for two or more political parties are equal, each of those figures shall be recalculated with s being equal to the number of first preference votes cast for the party at the last general election of members of the assembly. the holding of office as first minister or deputy first minister shall not prevent a person being nominated to hold a ministerial office. a northern ireland minister shall not take up office until he has affirmed the terms of the pledge of office. a northern ireland minister shall cease to hold office if— he resigns by notice in writing to the first minister and the deputy first minister; he ceases to be a member of the assembly otherwise than by virtue of a dissolution; or he is dismissed by the nominating officer who nominated him (or that officer’s successor) and the presiding officer is notified of his dismissal. where a ministerial office is vacant otherwise than by virtue of subsection (1), the nominating officer of the party on whose behalf the previous incumbent was nominated may nominate a person to hold the office who is a member of the party and of the assembly. if— the nominating officer does not exercise the power conferred by subsection (10) within a period specified in standing orders; or the nominated person does not take up the office within that period,the vacancy shall be filled by applying subsections (2) to (6) within a period specified in standing orders. where— the assembly has resolved under section 30(2) that a political party does not enjoy its confidence; and the party’s period of exclusion under that provision has not come to an end, the party shall be disregarded for the purposes of any application of subsections (2) to (6). [omitted] [omitted] in this section “nominating officer”, in relation to a party, means— the person registered under part 2 of the political parties, elections and referendums act 2000 as the party's nominating officer; or a member of the assembly nominated by him for the purposes of this section. in this section, a reference to a period of exclusion is, in the case of a period of exclusion which has been extended, a reference to that period as extended. 19. junior ministers the first minister and the deputy first minister acting jointly may at any time determine— that a number of members of the assembly specified in the determination shall be appointed as junior ministers in accordance with such procedures for their appointment as are so specified; and that the functions exercisable by virtue of each junior ministerial office shall be those specified in relation to that office in the determination. procedures specified in a determination under this section may apply such formulae or other rules as the first minister and the deputy first minister consider appropriate. a determination under this section shall— make provision as to the circumstances in which a junior minister shall cease to hold office, and for the filling of vacancies; and provide that a junior minister shall not take up office until he has affirmed the terms of the pledge of office. a determination under this section shall not take effect until it has been approved by a resolution of the assembly. where a determination under this section takes effect— any junior ministers previously appointed shall cease to hold office; and the procedures specified in the determination shall be applied within a period specified in standing orders. 19a. disqualification for certain offices which may be held by members of the assembly no person may— be nominated to hold the office of first minister or deputy first minister or a ministerial office to be held by a northern ireland minister, [repealed] be appointed as a junior minister, or be nominated under paragraph 7 of schedule 1 to the police (northern ireland) act 2000 (members of the northern ireland policing board drawn from the northern ireland assembly), if he is the holder of a disqualifying office. a minister or junior minister ceases to hold that office on becoming the holder of a disqualifying office. a person holding office as a member of the northern ireland policing board in accordance with paragraph 7 of schedule 1 to the police (northern ireland) act 2000 ceases to hold that office on becoming the holder of a disqualifying office. in this section “disqualifying office” means— minister of the government of ireland; or chairman or deputy chairman of— a committee of the dáil éireann (house of representatives of ireland); a committee of the seanad éireann (senate of ireland); or a joint committee of the oireachtas (national parliament of ireland). 20. the executive committee there shall be an executive committee of each assembly consisting of the first minister, the deputy first minister and the northern ireland ministers. the first minister and the deputy first minister shall be chairmen of the committee. the committee shall have the functions set out in paragraphs 19 and 20 of strand one of the belfast agreement. the committee shall also have the function of discussing and agreeing upon— significant or controversial matters that are clearly outside the scope of the agreed programme referred to in paragraph 20 of strand one of that agreement; significant or controversial matters that the first minister and deputy first minister acting jointly have determined to be matters that should be considered by the executive committee. subsections (3) and (4) are subject to subsection (6). quasi-judicial decisions may be made by the department of justice or the minister in charge of that department without recourse to the executive committee. 21. northern ireland departments subject to subsection (2), the northern ireland departments existing on the appointed day shall be the northern ireland departments for the purposes of this act. provision may be made by act of the assembly for establishing new northern ireland departments or dissolving existing ones. if an act of the assembly which establishes a new northern ireland department provides for it to be in the charge of the first minister and the deputy first minister acting jointly— the department shall not be regarded as a northern ireland department for the purposes of subsection (2) or (3) of section 17; and the office held by those ministers as the head of the department shall not be regarded as a ministerial office for the purposes of subsection (4) of that section or section 18. 21a. northern ireland department with policing and justice functions an act of the assembly that— establishes a new northern ireland department; and provides that the purpose of the department is to exercise functions consisting wholly or mainly of devolved policing and justice functions, may (but need not) make provision of the kind mentioned in subsection (3), (3a),(4), (5) or (5a). the act may provide for the department to be in the charge of a northern ireland minister appointed by virtue of a nomination— made by the first minister and the deputy first minister acting jointly; and approved by a resolution of the assembly passed with the support of a majority of the members voting on the motion for the resolution, a majority of the designated nationalists voting and a majority of the designated unionists voting. the act may provide for the department to be in the charge of a northern ireland minister appointed by virtue of a nomination— made by one or more members of the assembly, and approved by a resolution of the assembly passed with the support of a majority of the members voting on the motion for the resolution, a majority of the designated nationalists voting and a majority of the designated unionists voting. the act may provide for the department to be in the charge of two northern ireland ministers acting jointly. the act may provide— for the department to be in the charge of a northern ireland minister who is supported by a junior minister; and for the persons holding those offices to rotate at intervals determined by or under the act, so that the person who was the minister in charge of the department becomes the junior minister and the person who was the junior minister becomes the minister. the act may provide— for the department to be in the charge of a northern ireland minister elected by the assembly; and for that minister to be supported by a deputy minister elected by the assembly. there must not, at any time, be more than one department in relation to which provision of the kind mentioned in any of subsections (3), (3a),(4) , (5) and (5a) is made by act of the assembly , or by order in council under subsection (7c). schedule 4a (provisions relating to a department with devolved policing and justice functions) shall have effect. if it appears to the secretary of state that there is no reasonable prospect that the assembly will pass an act of the kind described in subsection (1)(a) and (b), he may lay before parliament the draft of an order in council which— establishes a new northern ireland department; provides that the purpose of the department is to exercise functions consisting wholly or mainly of devolved policing and justice functions; provides for the department to be in the charge of a northern ireland minister elected by the assembly and for that minister to be supported by a deputy minister elected by the assembly; and provides for part 3a of schedule 4a to apply in relation to the department (with any necessary modifications). the draft of an order laid before parliament under subsection (7a) may contain supplementary, incidental, consequential, transitional or saving provision. if the draft of an order laid before parliament under subsection (7a) is approved by resolution of each house of parliament, the secretary of state shall submit it to her majesty in council and her majesty in council may make the order. no more than one department may be established by virtue of an order under subsection (7c). in this section “devolved policing and justice function” means a function relating to a matter which— is a transferred matter by virtue of an order under section 4; and immediately before the matter became a transferred matter, was a policing and justice matter (within the meaning given by section 4(6)). 21b. section 21a(5a) and (7c): transitional provision this section has effect in relation to— the first act of the assembly to establish a new northern ireland department the purpose of which is to exercise functions consisting wholly or mainly of devolved policing and justice functions but only if the act makes provision of the kind mentioned in section 21a(5a) (other than by virtue of paragraph 8(5) of schedule 1 to the northern ireland act 2009); or an order in council under section 21a(7c) establishing a new northern ireland department. the act or the order may include provision for or in connection with securing that the department is to be treated, for the purposes of section 17, as not having been established until the time at which devolved policing and justice functions are first transferred to, or conferred on, the department (“the time of devolution”). the act or the order may include provision for or in connection with applying paragraph 11e(3) to (6) of schedule 4a (with any necessary modifications) to enable elections to be held, before the time of devolution, to select— a member of the assembly (“the relevant minister designate”) to be the person who is to hold the relevant ministerial office as from the time of devolution; and a member of the assembly (“the deputy minister designate”) to be the person who is to hold the deputy ministerial office as from that time. where the act or the order includes provision by virtue of subsection (3), it shall secure that (notwithstanding paragraph 11e(1) of schedule 4a)— if the relevant minister designate affirms the terms of the pledge of office within a specified period after the time of devolution, he shall become the relevant minister; if the deputy minister designate affirms the terms of the pledge of office within that period, he shall (subject to paragraph (c)) become the deputy minister; if the relevant minister designate does not affirm the terms of the pledge of office within that period— he shall not become the relevant minister; and paragraph 11e(10) and (11) of schedule 4a shall apply as if the relevant minister had ceased to hold office at the end of that period otherwise than by virtue of section 16a(2); if the deputy minister designate does not affirm the terms of the pledge of office within that period— he shall not become the deputy minister; and paragraph 11e(10) of schedule 4a shall apply as if the deputy minister had ceased to hold office at the end of that period otherwise than by virtue of section 16a(2). in this section “devolved policing and justice function” has the same meaning as in section 21a (see subsection (8) of that section). in this section “relevant minister”, “relevant ministerial office”, “deputy minister” and “deputy ministerial office” have the same meaning as in part 3a of schedule 4a. 21c. section 21a(5a) and (7c): power of assembly to secure retention or abolition of deputy ministerial office this section applies if the first northern ireland department the purpose of which is to exercise functions consisting wholly or mainly of devolved policing and justice functions (as defined in section 21a(8)) is established— by an act of the assembly which makes provision of the kind mentioned in section 21a(5a) (other than by virtue of paragraph 8(5) of schedule 1 to the northern ireland act 2009); or by an order in council under section 21a(7c). standing orders shall require the committee established by virtue of section 29a to consider the operation of the ministerial arrangements provided for by part 3a of schedule 4a. the committee shall, by no later than two years and ten months after the time at which devolved policing and justice functions are first transferred to, or conferred on, the department (“the time of devolution”), make a report on the operation of the ministerial arrangements provided for by part 3a of schedule 4a— to the assembly; and to the executive committee,and the report must include a recommendation as to whether or not the deputy ministerial office (see subsection (8)) should be retained. if before the end of the period of three years beginning with the time of devolution (“the initial period”) the assembly resolves that the deputy ministerial office should be abolished at a time specified in the resolution (before the end of the initial period), the secretary of state shall make an order abolishing the deputy ministerial office (see subsection (9)) at, or as soon as reasonably practicable after, the time specified. if— subsection (4) does not apply; and the assembly does not resolve, before the end of the initial period, that the deputy ministerial office should be retained for an additional period ending after the initial period, the secretary of state shall make an order abolishing the deputy ministerial office as soon as reasonably practicable after the end of the initial period. if— subsection (4) does not apply; the assembly resolves that the deputy ministerial office should be retained for an additional period ending after the initial period or for one or more further additional periods; and one of those additional periods ends without a further additional period having begun,the secretary of state shall make an order abolishing the deputy ministerial office as soon as reasonably practicable after the end of that period. a resolution of the assembly under this section shall not be passed without the support of— a majority of the members voting on the motion for the resolution; a majority of the designated nationalists voting; and a majority of the designated unionists voting. in this section “deputy ministerial office” has the same meaning as in part 3a of schedule 4a. in this section references to an order abolishing the deputy ministerial office are to an order amending this act and any other enactment so far as may be necessary to secure that the northern ireland minister in charge of the department for the time being— is not to be supported by a deputy minister (within the meaning of part 3a of schedule 4a); and need not belong to the largest or the second largest political designation (within that meaning). an order under this section— shall be made by statutory instrument; and may contain supplementary, incidental, consequential, transitional or saving provision. subheading 2. functions 22. statutory functions an act of the assembly or other enactment may confer functions on a minister (but not a junior minister) or a northern ireland department by name. functions conferred on a northern ireland department by an enactment passed or made before the appointed day shall, except as provided by an act of the assembly or other subsequent enactment, continue to be exercisable by that department. 23. prerogative and executive powers the executive power in northern ireland shall continue to be vested in her majesty. as respects transferred matters, the prerogative and other executive powers of her majesty in relation to northern ireland shall, subject to subsections (2a) and (3), be exercisable on her majesty’s behalf by any minister or northern ireland department. so far as the royal prerogative of mercy is exercisable on her majesty’s behalf under subsection (2), it is exercisable only by the minister in charge of the department of justice. as respects the northern ireland civil service and the commissioner for public appointments for northern ireland, the prerogative and other executive powers of her majesty in relation to northern ireland shall be exercisable on her majesty’s behalf by the first minister and the deputy first minister acting jointly. the first minister and deputy first minister acting jointly may by prerogative order under subsection (3) direct that such of the powers mentioned in that subsection as are specified in the order shall be exercisable on her majesty’s behalf by a northern ireland minister or northern ireland department so specified. 24. eu law, convention rights etc a minister or northern ireland department has no power to make, confirm or approve any subordinate legislation, or to do any act, so far as the legislation or act— is incompatible with any of the convention rights; is incompatible with eu law; discriminates against a person or class of person on the ground of religious belief or political opinion; in the case of an act, aids or incites another person to discriminate against a person or class of person on that ground; or in the case of legislation, modifies an enactment in breach of section 7. subsection (1)(c) and (d) does not apply in relation to any act which is unlawful by virtue of the fair employment and treatment (northern ireland) order 1998, or would be unlawful but for some exception made by virtue of part viii of that order. 25. excepted and reserved matters if any subordinate legislation made, confirmed or approved by a minister or northern ireland department contains a provision dealing with an excepted or reserved matter, the secretary of state may by order revoke the legislation. an order made under subsection (1) shall recite the reasons for revoking the legislation and may make provision having retrospective effect. 26. international obligations if the secretary of state considers that any action proposed to be taken by a minister or northern ireland department would be incompatible with any international obligations, with the interests of defence or national security or with the protection of public safety or public order, he may by order direct that the proposed action shall not be taken. if the secretary of state considers that any action capable of being taken by a minister or northern ireland department is required for the purpose of giving effect to any international obligations, of safeguarding the interests of defence or national security or of protecting public safety or public order, he may by order direct that the action shall be taken. in subsections (1) and (2), “action” includes making, confirming or approving subordinate legislation and, in subsection (2), includes introducing a bill in the assembly. if any subordinate legislation made, confirmed or approved by a minister or northern ireland department contains a provision which the secretary of state considerswould be incompatible with any international obligations, with the interests of defence or national security or with the protection of public safety or public order; or would have an adverse effect on the operation of the single market in goods and services within the united kingdom,the secretary of state may by order revoke the legislation. an order under this section shall recite the reasons for making the order and may make provision having retrospective effect. 27. quotas for purposes of international etc obligations a minister of the crown may make an order containing provision such as is specified in subsection (2) where— an international obligation or an obligation under eu law is an obligation to achieve a result defined by reference to a quantity (whether expressed as an amount, proportion or ratio or otherwise); and the quantity relates to the united kingdom (or to an area including the united kingdom or to an area consisting of a part of the united kingdom which is or includes the whole or part of northern ireland). the provision referred to in subsection (1) is provision for the achievement by a minister or northern ireland department (in the exercise of his or its functions) of so much of the result to be achieved under the international obligation or obligation under eu law as is specified in the order. the order may specify the time by which any part of the result to be achieved by the minister or department is to be achieved. where an order under subsection (1) is in force in relation to an international obligation or an obligation under eu law, the obligation shall have effect for the purposes of this act as if it were an obligation to achieve so much of the result to be achieved under the obligation as is specified in the order by the time or times so specified. no order shall be made by a minister of the crown under subsection (1) unless he has consulted the minister or department concerned. 28. agency arrangements between uk and ni departments arrangements may be made between— any department of the government of the united kingdom or any public body, or holder of a public office, in the united kingdom; and any northern ireland department, for any functions of one of them to be discharged by, or by officers of, the other. no such arrangements shall affect the responsibility of the person on whose behalf any functions are discharged. in this section— references to a department of the government of the united kingdom include references to any minister of the crown; and references to a northern ireland department include references to a minister. 28a. ministerial code without prejudice to the operation of section 24, a minister or junior minister shall act in accordance with the provisions of the ministerial code. in this section “the ministerial code” means— the ministerial code that becomes the ministerial code for the purposes of this section by virtue of paragraph 4 of schedule 1 to the northern ireland (st andrews agreement) act 2006 (as from time to time amended in accordance with this section); or any replacement ministerial code prepared and approved in accordance with this section (as from time to time amended in accordance with this section). if at any time the executive committee— prepares draft amendments to the ministerial code; or prepares a draft ministerial code to replace the ministerial code,the first minister and deputy first minister acting jointly shall lay the draft amendments or the draft code before the assembly for approval. a draft ministerial code or a draft amendment to the code— shall not be approved by the assembly without cross-community support; and shall not take effect until so approved. the ministerial code must include provision for requiring ministers or junior ministers to bring to the attention of the executive committee any matter that ought, by virtue of section 20(3) or (4), to be considered by the committee. the ministerial code must include provision for a procedure to enable any minister or junior minister to ask the executive committee to determine whether any decision that he is proposing to take, or has taken, relates to a matter that ought, by virtue of section 20(3) or (4), to be considered by the committee. the ministerial code must also include provision as to the procedures of the executive committee with respect to— the taking of decisions; and consideration by the committee of decision papers that are to be considered by the north-south ministerial council or the british-irish council. the ministerial code must in particular provide— that it is the duty of the chairmen of the executive committee to seek to secure that decisions of the executive committee are reached by consensus wherever possible; that, if consensus cannot be reached, a vote may be taken; and that, if any three members of the executive committee require the vote on a particular matter which is to be voted on by the executive committee to require cross-community support, any vote on that matter in the executive committee shall require cross-community support in the executive committee. the ministerial code may include such other provisions as the executive committee thinks fit. without prejudice to the operation of section 24, a minister or junior minister has no ministerial authority to take any decision in contravention of a provision of the ministerial code made under subsection (5). subheading 3. power to refer ministerial decision to executive committee 28b. power to refer ministerial decision to executive committee this section applies if 30 members petition the assembly expressing concern that a decision taken by a minister or junior minister (“the ministerial decision”)— may have been taken in contravention of section 28a(1); or relates to a matter of public importance. but this section does not apply if the ministerial decision has previously been the subject of a reference under this section. if the presiding officer, after consulting the political parties whose members hold seats in the assembly, certifies that the ministerial decision relates to a matter of public importance, he shall refer the decision to the executive committee for its consideration. having considered the reference, the executive committee shall notify the presiding officer— whether or not the decision was, in its view, taken in contravention of section 28a(1); whether or not the decision relates, in its view, to a significant or controversial matter; and as to any action that the executive committee proposes to take, or has taken, in relation to the decision. no reference may be made under this section after the end of the period of seven days beginning with— the day on which the ministerial decision was taken; or if appropriate, the day on which the decision was notified to the assembly. any consideration by the executive committee of a ministerial decision under this section must be completed before the end of the period of seven days beginning with the day on which the reference is made. standing orders shall make provision with respect to the procedure to be followed— in petitioning the assembly under subsection (1); and in making a reference under this section. the periods mentioned in subsections (5) and (6) shall be computed by reference only to days on which the assembly sits. subheading 4. executive committee: further provisions 28c. power of executive committee to call for witnesses and documents section 44 applies to the executive committee as it applies to the assembly, but as if— in subsection (1), for “any person” there were substituted a senior officer of a northern ireland department (within the meaning given by article 2(3) of the departments (northern ireland) order 1999); at the end of that subsection there were inserted but only in so far as they are matters in relation to which the executive committee's functions under section 20(3) or (4) are exercisable; subsection (6) were omitted; and in subsection (7), for “the presiding officer” there were substituted the first minister and the deputy first minister acting jointly. 28d. strategies relating to irish language and ulster scots language etc the executive committee shall adopt a strategy setting out how it proposes to enhance and protect the development of the irish language. the executive committee shall adopt a strategy setting out how it proposes to enhance and develop the ulster scots language, heritage and culture. the executive committee— must keep under review each of the strategies; and may from time to time adopt a new strategy or revise a strategy. 28e. strategy relating to poverty, social exclusion etc the executive committee shall adopt a strategy setting out how it proposes to tackle poverty, social exclusion and patterns of deprivation based on objective need. the executive committee— must keep under review the strategy; and may from time to time adopt a new strategy or revise the strategy. subheading 5. miscellaneous 29. statutory committees standing orders shall make provision— for establishing committees of members of the assembly (“statutory committees”) to advise and assist the first minister and the deputy first minister in the formulation of policy with respect to matters within their responsibilities as ministers jointly in charge of the office of the first minister and deputy first minister, and to advise and assist each northern ireland minister in the formulation of policy with respect to matters within his responsibilities as a minister; for enabling a committee to be so established either in relation to a single northern ireland minister or in relation to more than one; and conferring on the committees the powers described in paragraph 9 of strand one of the belfast agreement. standing orders shall provide that— the nominating officer of the political party for which the formula in subsection (3) gives the highest figure may select a statutory committee and nominate as its chairman or deputy chairman a person who is a member of the party and of the assembly; if the nominating officer does not exercise the power conferred by paragraph (a) within a period specified in standing orders, or the nominated person does not take up the selected office within that period, that power shall be exercisable instead by the nominating officer of the political party for which the formula in subsection (3) gives the next highest figure; and paragraphs (a) and (b) shall be applied as many times as may be necessary to secure that a chairman and deputy chairman are nominated for each of the statutory committees. the formula is— s/(1+c) where— s = the number of seats in the assembly which were held by members of the party on the day on which the assembly first met following its election; c = the number of chairmen and deputy chairmen of statutory committees (if any) who are members of the party. standing orders shall provide that, where the figures given by the formula for two or more political parties are equal, each of those figures shall be recalculated with s being equal to the number of first preference votes cast for the party at the last general election of members of the assembly. standing orders shall provide that— a minister or junior minister may not be the chairman or deputy chairman of a statutory committee; and in making a selection under the provision made by virtue of subsection (2)(a), a nominating officer shall prefer a committee in which he does not have a party interest to one in which he does. a member of the assembly who is— a minister of the government of ireland, or chairman or deputy chairman of— a committee of the dáil ÿireann (house of representatives of ireland), a committee of the seanad ÿireann (senate of ireland), or a joint committee of the oireachtas (national parliament of ireland), may not be the chairman or deputy chairman of a statutory committee. for the purposes of subsection (5) a nominating officer has a party interest in a committee if it is established to advise and assist the first minister and the deputy first minister and either of those ministers is a member of his party; or it is established to advise and assist a northern ireland minister and that minister is a member of his party. standing orders shall provide that a chairman or deputy chairman shall cease to hold office if— he resigns by notice in writing to the presiding officer; he ceases to be a member of the assembly; or he is dismissed by the nominating officer who nominated him (or that officer’s successor) and the presiding officer is notified of his dismissal. standing orders shall provide that, where an office of chairman or deputy chairman is vacant, the nominating officer of the party on whose behalf the previous incumbent was nominated may nominate a person to hold the office who is a member of the party and of the assembly. standing orders shall provide that if— the nominating officer does not exercise the power conferred by subsection (8) within a period specified in standing orders; or the nominated person does not take up the selected office within that period, the vacancy shall be filled by applying the provision made by virtue of subsections (2) to (5). in this section “nominating officer” has the same meaning as in section 18. 29a. committee to review functioning of assembly and executive committee standing orders shall make provision— for establishing a committee to examine such matters relating to the functioning of the assembly and the executive committee as may be specified in the standing orders; in relation to the membership of the committee; and for regulating proceedings of the committee. standing orders shall provide for the committee to make reports— to the assembly; and to the executive committee. the committee shall, by no later than 1 may 2015, make a report on the operation of the provisions of parts 3 and 4 of this act— to the secretary of state; to the assembly; and to the executive committee. 29b. review of operation of sections 16a to 16c standing orders shall require the committee established by virtue of section 29a to consider— the operation of sections 16a to 16c; and in particular, whether to recommend that the secretary of state should make an order amending this act and any other enactment so far as may be necessary to secure that they have effect, as from the date of the election of the 2011 assembly, as if the executive selection amendments had not been made. in subsection (1)— “the 2011 assembly” means the assembly due to be elected under section 31 in 2011; “the executive selection amendments” means the amendments made by section 8 of, and paragraphs 1, 2(1) and (2) and 3 to 14 of schedule 5 to, the northern ireland (st andrews agreement) act 2006. 29c. review of functions relating to judicial appointments and removals standing orders shall require one of the committees established by virtue of section 29 or the committee established by virtue of section 29a— to review the operation of the amendments made by schedules 2 to 5 to the northern ireland act 2009, to report on its review by a specified date that is before 1 may 2012, and to include in its report any recommendations it has for changes to the way in which judicial office holders are appointed and removed. 30. exclusion of ministers from office if the assembly resolves that a minister or junior minister no longer enjoys the confidence of the assembly— because he is not committed to non-violence and exclusively peaceful and democratic means; or because of any failure of his to observe any other terms of the pledge of office, he shall be excluded from holding office as a minister or junior minister for such period of not less than three months, and not more than twelve months, beginning with the date of the resolution as the resolution may provide. the assembly may, before a period of exclusion under subsection (1) comes to an end, by resolution extend it until the end of such period of not less than three months, and not more than twelve months, beginning with the date of the resolution as the resolution may provide. if the assembly resolves that a political party does not enjoy the confidence of the assembly— because it is not committed to non-violence and exclusively peaceful and democratic means; or because it is not committed to such of its members as are or might become ministers or junior ministers observing the other terms of the pledge of office,members of that party shall be excluded from holding office as ministers or junior ministers for such period of not less than six months, and not more than twelve months, beginning with the date of the resolution as the resolution may provide. the assembly may, before a period of exclusion under subsection (2) comes to an end, by resolution extend it until the end of such period of not less than six months, and not more than twelve months, beginning with the date of the resolution as the resolution may provide. a period of exclusion under subsection (1) or (2) shall come to an end if the assembly— is dissolved; or resolves to bring the exclusion to an end. a motion for a resolution under this section shall not be moved unless— it is supported by at least 30 members of the assembly; it is moved by the first minister and the deputy first minister acting jointly; or it is moved by the presiding officer in pursuance of a notice under subsection (6). if the secretary of state is of the opinion that the assembly ought to consider a resolution under this section, he shall serve a notice on the presiding officer requiring him to move a motion for such a resolution. in forming an opinion under subsection (6), the secretary of state shall in particular take into account each of the following— whether the person or party concerned is committed to the use now and in the future of only democratic and peaceful means to achieve his or its objectives; whether he or it has ceased to be involved in any acts of violence or of preparation for violence; whether he or it is directing or promoting acts of violence by other persons; whether he or it is co-operating fully with any commission of the kind referred to in section 7 of the northern ireland arms decommissioning act 1997 in implementing the decommissioning section of the belfast agreement; [omitted] a resolution under this section shall not be passed without cross-community support. in this section a reference to a period of exclusion under any provision is, in the case of a period of exclusion under that provision which has been extended, a reference to that period as extended. 30a. [repealed] 30b. secretary of state’s powers in exceptional circumstances under exceptional circumstances the secretary of state may by direction temporarily exclude a minister or junior minister. an exclusion under subsection (1) shall only remain in effect until either— [omitted] the assembly has considered a resolution under section 30(1) or (2); or a period of two weeks has elapsed. in subsection (1) “exceptional circumstances” include where— [omitted] there is insufficient time for the assembly to consider a resolution under section 30(1) or (2). a direction made under this section shall be in writing and shall be laid before parliament after the direction is given.] part iv. the northern ireland assembly subheading 1. elections etc 31. dates of elections and dissolutions subject to subsection (2), the date of the poll for the election of each assembly shall be the first thursday in may in the fifth calendar year following that in which its predecessor was elected; and the predecessor shall be dissolved at the beginning of the minimum period which ends with that date. the date of the poll for the election of the assembly next following the assembly elected at the poll on 26 november 2003 shall be 7 march 2007; and the assembly elected on 26 november 2003 shall be dissolved on 30 january 2007. the secretary of state may at any time by order direct that the date of the poll for the election of the next assembly shall, instead of being that specified in subsection (1), be a date specified in the order being a date falling not more than two months before or after the date specified in that subsection. an assembly elected under this section or section 32 shall meet within the period of eight days beginning with the day of the poll at which it is elected. for the purposes of subsection (4), a saturday, a sunday, christmas day, good friday and any day which is a bank holiday in northern ireland shall be disregarded, as shall any day on which section 1 of the northern ireland act 2000 is in force. in this section “minimum period” means a period determined in accordance with an order of the secretary of state. 32. extraordinary elections if the assembly passes a resolution that it should be dissolved the secretary of state shall propose a date for the poll for the election of the next assembly. a resolution under subsection (1) shall not be passed without the support of a number of members of the assembly which equals or exceeds two thirds of the total number of seats in the assembly. if— the period mentioned in section 16a(3) ends without the offices of first minister and deputy first minister and the ministerial offices to be held by northern ireland ministers having been filled; or the period mentioned in section 16b(3) ends without the offices of first minister and deputy first minister having been filled, the secretary of state shall propose a date for the poll for the election of the next assembly. if the secretary of state proposes a date under subsection (1) or (3), her majesty may by order in council— direct that the date of the poll for the election of the next assembly shall, instead of being determined in accordance with section 31, be the date proposed; and provide for the assembly to be dissolved on a date specified in the order. 33. constituencies and numbers of members the members of the assembly shall be returned for the parliamentary constituencies in northern ireland. each constituency shall return six members. an order in council under the parliamentary constituencies act 1986 changing a parliamentary constituency in northern ireland shall have effect for the purposes of this act in relation to— the first election under section 31 or 32 which takes place after the order comes into force; and later elections under that section and by-elections. 34. elections and franchise this section applies to elections of members of the assembly, including by-elections. each vote in the poll at an election shall be a single transferable vote. a single transferable vote is a vote— capable of being given so as to indicate the voter’s order of preference for the candidates for election as members for the constituency; and capable of being transferred to the next choice when the vote is not needed to give a prior choice the necessary quota of votes or when a prior choice is eliminated from the list of candidates because of a deficiency in the number of votes given for him. the secretary of state may by order make provision about elections or any matter relating to them. in particular, an order under subsection (4) may make— provision as to the persons entitled to vote at an election and the registration of such persons; provision for securing that no person stands as a candidate for more than one constituency at a general election; provision for determining the date of the poll at a by-election; provision about deposits. an order under subsection (4) may apply (with or without modifications) any provision of, or made under, any enactment. an order under subsection (4) may make different provision for different areas about the conduct of elections, including different provision about the registration of persons entitled to vote at an election. 35. vacancies the secretary of state may by order make provision for the filling of vacancies occurring in the assembly’s membership. such provision may be made by reference to by-elections or substitutes or such other method of filling vacancies as the secretary of state thinks fit. if a seat becomes vacant, the presiding officer shall as soon as reasonably practicable inform the chief electoral officer for northern ireland. the validity of any proceedings of the assembly is not affected by any vacancy in its membership. an order under subsection (1) may apply (with or without modifications) any provision of, or made under, any enactment. subheading 2. disqualification 36. disqualification the northern ireland assembly disqualification act 1975 shall have effect as if any reference to the assembly established under section 1 of the northern ireland assembly act 1973 were a reference to the assembly. no recommendation shall be made to her majesty to make an order in council under section 3(1) of the northern ireland assembly disqualification act 1975 (power to amend schedule 1) without the consent of the secretary of state. a person who is her majesty’s lord-lieutenant or lieutenant for a county or county borough in northern ireland is disqualified for membership of the assembly for a constituency comprising the whole or part of the county or county borough. a person is disqualified for membership of the assembly if he is disqualified for membership of the house of commons otherwise than under the house of commons disqualification act 1975. [repealed] a person is not disqualified for membership of the assembly by virtue of subsection (4) by reason only that— he is a peer; or he is a lord spiritual. a person is not disqualified for membership of the assembly by virtue of subsection (4) by reason only that he is disqualified under section 3 of the act of settlement (certain persons born out of the kingdom) if he is a citizen of the european union. 37. effect of disqualification and provision for relief subject to any order made by the assembly under this section— if any person disqualified by virtue of the northern ireland assembly disqualification act 1975 or section 36 is returned as a member of the assembly, his return shall be void; and if any person being a member of the assembly becomes disqualified by virtue of that act or that section, his seat shall be vacated. if, in a case which falls or is alleged to fall within subsection (1) otherwise than by virtue of section 36(4), it appears to the assembly— that the grounds of disqualification or alleged disqualification which subsisted or arose at the material time have been removed; and that it is otherwise proper so to do, the assembly may by order direct that any such disqualification incurred on those grounds at that time shall be disregarded for the purposes of this section. no order under subsection (2) shall affect the proceedings on any election petition or any determination of an election court. subsection (1)(b) has effect subject to section 427 of the insolvency act 1986 (bankruptcy etc); and where, in consequence of that section, the seat of a disqualified member of the assembly has not been vacated— he shall not participate in any proceedings of the assembly; and any of his other rights and privileges as a member of the assembly may be withdrawn by a resolution of the assembly. the validity of any proceedings of the assembly is not affected by the disqualification of any person from being a member of the assembly or from being a member for the constituency for which he purports to sit. 38. disqualification: judicial proceedings any person who claims that a person purporting to be a member of the assembly— is disqualified; or was disqualified when, or at any time since, he was returned,may apply to the high court of justice in northern ireland for a declaration to that effect. on an application— the person in respect of whom the application is made shall be the respondent; the applicant shall give such security for costs, not exceeding £5,000, as the court may direct; and the decision of the court shall be final. a declaration made in accordance with this section shall be certified in writing to the secretary of state by the court. no such declaration shall be made in respect of a person on any grounds if an order has been made by the assembly under subsection (2) of section 37 directing that any disqualification incurred by him on those grounds shall be disregarded for the purposes of that section. no declaration shall be made in respect of any person on grounds which subsisted when he was elected if an election petition is pending or has been tried in which his disqualification on those grounds is or was in issue. the secretary of state may by order substitute for the amount specified in subsection (2)(b) such other amount as may be specified in the order. subheading 3. presiding officer and commission 39. presiding officer each assembly shall as its first business elect from among its members a presiding officer and deputies. a person elected presiding officer or deputy shall hold office until the conclusion of the next election for presiding officer under subsection (1) unless— he previously resigns; he ceases to be a member of the assembly otherwise than by virtue of a dissolution; or the assembly elects from among its members a person to hold office as presiding officer or deputy in his place. if the presiding officer or a deputy ceases to hold office (otherwise than under subsection (2)(c)) before the assembly is dissolved, the assembly shall elect another from among its members to fill his place. the presiding officer’s functions may be exercised by a deputy if the office of presiding officer is vacant or the presiding officer is for any reason unable to act. the presiding officer may (subject to standing orders) authorise a deputy to exercise functions on his behalf. standing orders may include provision as to the participation (including voting) of the presiding officer and deputies in the proceedings of the assembly. a person shall not be elected under subsections (1) to (3) without cross-community support. 40. commission there shall be a body corporate, to be known as the northern ireland assembly commission (“the commission”), to perform— the functions conferred on the commission by virtue of any enactment; and any functions conferred on the commission by resolution of the assembly. the members of the commission shall be— the presiding officer; and the prescribed number of members of the assembly appointed in accordance with standing orders. in subsection (2) “the prescribed number” means 5 or such other number as may be prescribed by standing orders. a member of the assembly who is— a minister of the government of ireland, or chairman or deputy chairman of— a committee of the dáil éireann (house of representatives of ireland), a committee of the seanad éireann (senate of ireland), or a joint committee of the oireachtas (national parliament of ireland), may not be appointed as a member of the commission. the commission shall provide the assembly, or ensure that the assembly is provided, with the property, staff and services required for the assembly’s purposes. the assembly may give special or general directions to the commission for the purpose of or in connection with the exercise of the commission’s functions. proceedings by or against the assembly (other than proceedings on the crown side of the queen’s bench division) shall be instituted by or against the commission on behalf of the assembly. any property or liabilities acquired or incurred in relation to matters within the general responsibility of the commission to which (apart from this subsection) the assembly would be entitled or subject shall be treated for all purposes as property or liabilities of the commission. any expenses of the commission shall be defrayed out of money appropriated by act of the assembly. any sums received by the commission shall be paid into the consolidated fund of northern ireland, subject to any provision made by act of the assembly for the disposal of or accounting for such sums. schedule 5 (which makes further provision about the commission) shall have effect. subheading 4. proceedings etc 41. standing orders the proceedings of the assembly shall be regulated by standing orders. standing orders shall not be made, amended or repealed without cross-community support. schedule 6 (which makes provision as to how certain matters are to be dealt with by standing orders) shall have effect. 42. petitions of concern if 30 members petition the assembly expressing their concern about a matter which is to be voted on by the assembly, the vote on that matter shall require cross-community support. standing orders shall make provision with respect to the procedure to be followed in petitioning the assembly under this section, including provision with respect to the period of notice required. standing orders shall provide that the matter to which a petition under this section relates may be referred, in accordance with paragraphs 11 and 13 of strand one of the belfast agreement, to the committee established under section 13(3)(a). 43. members’ interests standing orders shall include provision for a register of interests of members of the assembly, and for— registrable interests (as defined in standing orders) to be registered in it; and the register to be published and made available for public inspection. standing orders shall include provision requiring that any member of the assembly who has— a financial interest (as defined in standing orders) in any matter; or any other interest, or an interest of any other kind, specified in standing orders in any matter,declares that interest before taking part in any proceedings of the assembly relating to that matter. standing orders made in pursuance of subsection (1) or (2) may include provision for preventing or restricting the participation in proceedings of the assembly of a member with a registrable interest, or an interest mentioned in subsection (2), in a matter to which the proceedings relate. standing orders shall include provision prohibiting a member of the assembly from— advocating or initiating any cause or matter on behalf of any person, by any means specified in standing orders, in consideration of any payment or benefit in kind of a description so specified; or urging, in consideration of any such payment or benefit in kind, any other member of the assembly to advocate or initiate any cause or matter on behalf of any person by any such means. standing orders may include provision— for excluding from proceedings of the assembly any member who fails to comply with, or contravenes, any provision made in pursuance of subsections (1) to (4); and for withdrawing his rights and privileges as a member for the period of his exclusion. any member of the assembly who— takes part in any proceedings of the assembly without having complied with, or in contravention of, any provision made in pursuance of subsections (1) to (3); or contravenes any provision made in pursuance of subsection (4),is guilty of an offence. a person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. proceedings for an offence under subsection (6) shall not be taken without the consent of the director of public prosecutions for northern ireland. 44. power to call for witnesses and documents the assembly may require any person— to attend its proceedings for the purpose of giving evidence; or to produce documents in his custody or under his control, relating to any of the matters mentioned in subsection (2). those matters are— transferred matters concerning northern ireland; other matters in relation to which statutory functions are exercisable by ministers or the northern ireland departments. the power in subsection (1) is exercisable in relation to a person outside northern ireland only in connection with the discharge by him of functions relating to matters within subsection (2). that power is not exercisable in relation to a person who is or has been a minister of the crown, or a person who is or has been in crown employment within the meaning of article 236 of the employment rights (northern ireland) order 1996, in connection with the discharge of any functions prior to the appointed day or during a period when section 1 of the northern ireland act 2000 was in force. that power is not exercisable in relation to a person mentioned in subsection (4) in connection with the discharge, during a relevant period, of a function which relates to a matter which is a transferred matter by virtue of an order under section 4.for this purpose “relevant period” means a period when the matter was not a transferred matter. that power is not exercisable in relation to a person mentioned in subsection (4) in connection with the discharge, during a relevant period, of a statutory function which— is exercisable by a minister or a northern ireland department; but was at any time exercisable by a minister of the crown. for this purpose “relevant period” means a period when the statutory function was exercisable by a minister of the crown. that power is not exercisable in relation to— a person discharging functions of any body whose functions relate to excepted matters, in connection with the discharge by him of those functions; a person discharging functions of any body whose functions relate to reserved matters, in connection with the discharge by him of those functions; a judge of any court or a member of any tribunal which exercises the judicial power of the state. that power may be exercised by a committee of the assembly only if the committee is expressly authorised to do so by standing orders. the presiding officer shall give the person in question notice in writing specifying— the time and place at which the person is to attend and the particular matters relating to which he is required to give evidence; or the documents, or types of documents, which he is to produce, the date by which he is to produce them and the particular matters to which they are to relate. such notice shall be given— in the case of an individual, by sending it, by registered post or the recorded delivery service, addressed to him at his usual or last known address or, where he has given an address for service, at that address; in any other case, by sending it, by registered post or the recorded delivery service, addressed to the person at the person’s registered or principal office. a person is not obliged under this section to answer any question or produce any document which he would be entitled to refuse to answer or produce in proceedings in a court in northern ireland. in this section “statutory functions” means functions conferred by virtue of any enactment. 45. witnesses and documents: offences subject to subsection (9) of section 44, any person to whom a notice under subsection (7) of that section has been given who— refuses or fails to attend proceedings as required by the notice; refuses or fails, when attending proceedings as required by the notice, to answer any question relating to the matters specified in the notice; deliberately alters, suppresses, conceals or destroys any document which he is required to produce by the notice; or refuses or fails to produce any such document, is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a period not exceeding three months. it is a defence for a person charged with an offence under subsection (1)(a), (b) or (d) to prove that he had a reasonable excuse for the refusal or failure. where an offence under this section which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— a director, manager, secretary or other similar officer of the body corporate; or any person who was purporting to act in any such capacity,he, as well as the body corporate, is guilty of that offence and liable to be proceeded against accordingly. proceedings for an offence under this section shall not be taken without the consent of the director of public prosecutions for northern ireland. for the purposes of section 44 and this section, a person shall be taken to comply with a requirement to produce a document if he produces a copy of, or an extract of the relevant part of, the document. 46. witnesses: oaths the presiding officer or such other person as may be authorised by standing orders may— administer an oath to any person giving evidence in proceedings of the assembly; and require him to take the oath. any person who refuses to take an oath when required to do so under subsection (1)(b) is guilty of an offence. a person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a period not exceeding three months. subheading 5. remuneration and pensions 47. remuneration of members the assembly shall pay to members of the assembly such salaries as may from time to time be determined. the assembly may pay to members of the assembly such allowances as may from time to time be determined. the assembly may make provision— determining the salaries or allowances payable to members of the assembly under this section, or providing for those salaries or allowances to be determined by a person other than the assembly in accordance with the provision. different provision may be made for different cases (for example, provision for higher salaries to be payable to ministers or other office holders). [omitted] provision under subsection (2a) must ensure that, if a salary is payable to a member of the assembly (“m”) as a member of the house of lords or as a member of the european parliament— if m does not hold an office within subsection (9a), no salary is payable to m under this section; f m holds an office within subsection (9a), the salary which would otherwise be payable to m under this section is reduced by the appropriate amount. the appropriate amount is the amount of the salary payable under this section to members of the assembly generally. [omitted] [omitted] [omitted] standing orders must include provision for the publication of every determination of salaries or allowances by provision under subsection (2a)(a). provision under subsection (2a)(b) must include provision for the publication of every determination of salaries or allowances under that provision. for the purposes of this section— a person’s membership of the assembly begins on the day on which he takes his seat in accordance with standing orders; and a person’s holding of an office within subsection (9a) begins on the day on which he takes up office. an office is within this subsection if the salary payable under this section to a member of the assembly holding the office is higher than the salary payable under this section to members of the assembly generally. for the purposes of this section, a person who is a member of the assembly immediately before the assembly is dissolved shall be treated— if he continues to hold office as a minister or junior minister, as presiding officer or deputy or as a member of the northern ireland assembly commission, as if he were a member of the assembly until the end of the day on which he ceases to hold the office; and if he does not fall within paragraph (a) but is nominated as a candidate at the subsequent general election, as if he were a member of the assembly until the end of the day of the poll for that election. the provision which may be made by the assembly for the purposes of this section includes provision— by a resolution of the assembly conferring functions on the northern ireland assembly commission, or by an act of the assembly (which may include provision establishing an office or body, provision conferring functions on an office-holder or body and ancillary provision). any expenditure incurred by the assembly under this section shall be defrayed out of money appropriated by act of the assembly. 47a. resolutions about reduction of remuneration if, in relation to the salary payable under section 47 to a minister or junior minister, the assembly resolves that the whole or a specified part of the salary payable for a specified period shall not be payable— because he is not committed to non-violence and exclusively peaceful and democratic means, or because of any failure of his to observe any other terms of the pledge of office, the salary payable to him under that section shall be reduced accordingly. if, in relation to the salaries payable under section 47 to members of the assembly who are members of a particular political party, the assembly resolves that the whole or a specified part of the salaries payable for a specified period shall not be payable— because that party is not committed to non-violence and exclusively peaceful and democratic means, or because it is not committed to such of its members as are or might become ministers or junior ministers observing the other terms of the pledge of office,the salaries payable to them under that section shall be reduced accordingly. the assembly may, before the end of the period by reference to which a reduction under subsection (1) or (2) falls to be made, by resolution extend that period. [omitted] the period by reference to which a reduction under subsection (1) or (2) falls to be made shall come to an end if the assembly— is dissolved; or resolves to bring the reduction to an end. a motion for a resolution under this section shall not be moved unless— it is supported by at least 30 members of the assembly; it is moved by the first minister and the deputy first minister acting jointly; or it is moved by the presiding officer in pursuance of a notice under subsection (7). if the secretary of state is of the opinion that the assembly ought to consider a resolution under this section, he shall serve a notice on the presiding officer requiring him to move a motion for such a resolution. in forming an opinion under subsection (7), the secretary of state shall in particular take into account the matters listed in section 30(7). a resolution under this section shall not be passed without cross-community support. in this section a reference to— the period by reference to which a reduction under subsection (1) or (2) falls to be made [omitted] is, where the period has been extended, a reference to the period as extended. 47b. [repealed] 47c. sections 47a and 47b: specified periods and extensions a period specified under section 47a(1) or (2)— shall begin no earlier than the end of the day when the resolution or direction specifying it is passed or given; shall begin no later than the end of the period of one month beginning with that day; and shall not be longer than 12 months. the power under section 47a(3) to extend a period is a power to extend it until the end of such period of not more than 12 months beginning with the date of the resolution, by which the power is exercised as the resolution may provide. 48. pensions of members the assembly may make provision for the payment of pensions, gratuities or allowances to, or in respect of, any person who— has ceased to be a member of the assembly; or has ceased to hold an office within subsection (1a) but continues to be a member of the assembly. an office is within this subsection if the salary payable under section 47 to a member of the assembly holding the office is higher than the salary payable under that section to members of the assembly generally. such provision may, in particular, include provision for— contributions or payments towards provision for such pensions, gratuities or allowances; the establishment and administration (whether by the commission or otherwise) of one or more pension schemes. where any salary payable to a person under section 47 is not payable because of section 47a, any provision made under this section for the payment of pensions which has effect in relation to him shall apply as if the salary were payable. in this section— “the commission” means the northern ireland assembly commission; “provision” includes provision— by an act of the assembly (which may include provision establishing an office or body, provision conferring functions on an office-holder or body and ancillary provision); or by a resolution of the assembly conferring functions on the commission. any expenditure incurred by the assembly under this section shall be defrayed out of money appropriated by act of the assembly. subheading 6. miscellaneous 49. letters patent etc her majesty may by order in council make provision as to— the form and manner of preparation; and the publication, of letters patent signed with her majesty’s own hand signifying her assent to a bill passed by the assembly. if the first minister and the deputy first minister acting jointly so direct, impressions with the same device as the great seal of northern ireland shall be taken in such manner, of such size and on such material as is specified in the direction. each such impression— shall be known as a wafer great seal of northern ireland; and shall be kept in accordance with directions of the first minister and the deputy first minister acting jointly. if a wafer great seal of northern ireland has been applied to letters patent mentioned in subsection (1), the document has the same validity as if it had passed under the great seal of northern ireland. 50. privilege for the purposes of the law of defamation, absolute privilege shall attach to— the making of a statement in proceedings of the assembly; and the publication of a statement under the assembly’s authority. a person is not guilty of contempt of court under the strict liability rule as the publisher of any matter— in the course of proceedings of the assembly which relate to a bill or subordinate legislation; or to the extent that it consists of a fair and accurate report of such proceedings which is made in good faith. in this section— “statement” has the same meaning as in the defamation act 1996; “the strict liability rule” has the same meaning as in the contempt of court act 1981. 51. resignation of members a member of the assembly may at any time resign his seat by notice in writing to the presiding officer. 51a. resolutions about reduction of financial assistance if the assembly resolves that the whole or a specified part of any financial assistance payable for a specified period under the financial assistance for political parties act (northern ireland) 2000 to a particular political party shall not be payable— because it is not committed to non-violence and exclusively peaceful and democratic means, or because it is not committed to such of its members as are or might become ministers or junior ministers observing the other terms of the pledge of office,the financial assistance payable to it under that act shall be reduced accordingly. the assembly may, before the end of the period by reference to which a reduction under subsection (1) falls to be made, by resolution extend that period. [omitted] the period by reference to which a reduction under subsection (1) falls to be made shall come to an end if the assembly— is dissolved; or resolves to bring the reduction to an end. a motion for a resolution under this section shall not be moved unless— it is supported by at least 30 members of the assembly; it is moved by the first minister and the deputy first minister acting jointly; or it is moved by the presiding officer in pursuance of a notice under subsection (6). if the secretary of state is of the opinion that the assembly ought to consider a resolution under this section, he shall serve a notice on the presiding officer requiring him to move a motion for such a resolution. in forming an opinion under subsection (6), the secretary of state shall in particular take into account the matters listed in section 30(7). a resolution under this section shall not be passed without cross-community support. in this section a reference to— the period by reference to which a reduction under subsection (1) falls to be made [omitted] is, where the period has been extended, a reference to the period as extended. 51b. [repealed] 51c. sections 51a and 51b: specified periods and extensions a period specified under section 51a(1)— shall begin no earlier than the end of the day when the resolution or direction specifying it is passed or given; shall begin no later than the end of the financial year in which that day falls; and shall not be longer than 12 months. the power under section 51a(2) to extend a period is a power to extend it until the end of such period of not more than 12 months beginning with the date of the resolution, by which the power is exercised as the resolution may provide. 51d. censure resolutions this section applies to the following resolutions of the assembly— a resolution censuring a minister or junior minister— because he is not committed to non-violence and exclusively peaceful and democratic means; or because of any failure of his to observe any other terms of the pledge of office; a resolution censuring a political party— because it is not committed to non-violence and exclusively peaceful and democratic means; or because it is not committed to such of its members as are or might become ministers or junior ministers observing the other terms of the pledge of office. a motion for a resolution to which this section applies shall not be moved unless— it is supported by at least 30 members of the assembly; it is moved by the first minister and the deputy first minister acting jointly; or it is moved by the presiding officer in pursuance of a notice under subsection (3). if the secretary of state is of the opinion that the assembly ought to consider a resolution to which this section applies, he shall serve a notice on the presiding officer requiring him to move a motion for such a resolution. in forming an opinion under subsection (3), the secretary of state shall in particular take into account the matters listed in section 30(7). a resolution to which this section applies shall not be passed without cross-community support. part v. nsmc, bic, biic etc 52a. north-south ministerial council and british-irish council the first minister and the deputy first minister acting jointly shall, as far in advance of each meeting of the north-south ministerial council or the british-irish council as is reasonably practicable, give to the executive committee and to the assembly the following information in relation to the meeting— the date; the agenda; and (once determined under this section) the names of the ministers or junior ministers who are to attend the meeting. each minister or junior minister who has responsibility (whether or not with another minister or junior minister) in relation to any matter included in the agenda for a meeting of either council (“appropriate minister”) shall be entitled— to attend the meeting; and to participate (see section 52c) in the meeting so far as it relates to that matter. an appropriate minister may nominate another minister or junior minister— to attend the meeting in place of the appropriate minister; and to participate in the meeting so far as it relates to matters for which the appropriate minister has responsibility,but a person may not be nominated under this subsection without his consent. each appropriate minister shall notify the first minister and the deputy first minister, as soon as reasonably practicable and in any event no later than 10 days before the date of the meeting, that— he intends to attend the meeting; he does not intend to attend the meeting but has nominated another person under subsection (3) to attend in his place; or he does not intend to attend the meeting and he does not intend, or has not been able, to make such a nomination, and a notification under paragraph (b) shall include the name of the person nominated. if the appropriate minister gives a notification under subsection (4)(c) (or if the first minister and the deputy first minister receive no notification from him under subsection (4)), the first minister and the deputy first minister acting jointly shall nominate a minister or junior minister— to attend the meeting in place of the appropriate minister; and to participate in the meeting so far as it relates to matters for which the appropriate minister has responsibility. in relation to a matter for which the first minister and the deputy first minister are the appropriate ministers— the notification to be made by each of them under subsection (4) shall be made to the other; and if either of them (“a”) gives a notification under subsection (4)(c) (or if the other (“b”) receives no notification from a under subsection (4)), b (acting alone) shall make the nomination under subsection (5) in relation to a. the first minister and the deputy first minister acting jointly shall make such nominations (or further nominations) of ministers and junior ministers (including where appropriate alternative nominations) as they consider necessary to ensure such cross-community participation in either council as is required by the belfast agreement. subsection (9) applies in relation to any matter included in the agenda for a meeting of either council if— the first minister and the deputy first minister are not the appropriate ministers in relation to the matter; but the matter is one that ought, by virtue of section 20(3) or (4), to be considered by the executive committee. the first minister and the deputy first minister acting jointly shall also be entitled— to attend the meeting; and to participate in the meeting so far as it relates to that matter. in this section “day” does not include a saturday, a sunday, christmas day, good friday and any day which is a bank holiday in northern ireland. 52b. section 52a: duty to attend council meetings etc it shall be a ministerial responsibility of— each appropriate minister; or if a minister or junior minister is nominated under section 52a(3) or (5) to attend a meeting of the north-south ministerial council or the british-irish council in place of an appropriate minister, that minister or junior minister, to participate in the meeting so far as it relates to matters for which the appropriate minister has responsibility. it shall be a ministerial responsibility of a minister or junior minister nominated to attend a meeting of either council under section 52a(7) to participate in the meeting so far as specified in the nomination. each appropriate minister shall give to— a person nominated under section 52a(3) or (5) to attend a meeting of either council in his place; or a person nominated under section 52a(7) to participate in a meeting of either council so far as specified in the nomination, such information as may be necessary to enable the person's full participation in the meeting. but if the appropriate minister does not give sufficient information under subsection (3) to enable the person's full participation in the meeting— the first minister and the deputy first minister acting jointly may request the necessary information; and if they do so, the appropriate minister must give that information to the person nominated. a person nominated under section 52a(3) or (5) may enter into agreements or arrangements in respect of matters for which the appropriate minister is (or the appropriate ministers are) responsible. without prejudice to the operation of section 24, a minister or junior minister attending a meeting of either council by virtue of any provision of section 52a or this section shall act in accordance with any decisions of the assembly or the executive committee (by virtue of section 20) which are relevant to his participation in the council concerned. in this section “appropriate minister”, in relation to a meeting of the north-south ministerial council or the british-irish council, has the same meaning as in section 52a. 52c. sections 52a and 52b: supplementary if any question arises under section 52a or 52b as to which minister or junior minister has responsibility for any matter, the first minister and the deputy first minister acting jointly shall determine that question. a minister or junior minister who participates in a meeting of either the north-south ministerial council or the british-irish council by virtue of any provision of section 52a or 52b shall, as soon as reasonably practicable after the meeting, make a report— to the executive committee; and to the assembly. a report under subsection (2)(b) shall be made orally unless standing orders authorise it to be made in writing. the northern ireland contributions towards the expenses of the councils shall be defrayed as expenses of the office of the first minister and deputy first minister. in sections 52a and 52b and this section “participate” shall be construed— in relation to the north-south ministerial council, in accordance with paragraphs 5 and 6 of strand two of the belfast agreement; in relation to the british-irish council, in accordance with the first paragraph 5 of strand three of that agreement. 52. [repealed] 53. agreements etc. by persons participating in councils this section applies to any agreement or arrangement entered into by a minister or junior minister participating, by reason of any provision of section 52a or 52b, in a meeting of the north-south ministerial council or the british-irish council. provision may be made by act of the assembly for giving effect to any agreement or arrangement to which this section applies, including provision— for transferring to any body designated by or constituted under the agreement or arrangement any functions which would otherwise be exercisable by any minister or northern ireland department; for transferring to a minister or northern ireland department any functions which would otherwise be exercisable by any authority outside northern ireland. subsection (2) has effect notwithstanding anything in subsection (2)(a) of section 6; but it does not affect— the operation of subsection (2)(b) to (f) of that section; or the operation of section 7a, 8 or 15 in relation to the enactment of any act of the assembly. no agreement or arrangement to which this section applies entered into for the establishment after the appointed day of an implementation body shall come into operation without the approval of the assembly. in subsection (4) “implementation body” means a body for implementing, on the basis mentioned in paragraph 11 of strand two of the belfast agreement, policies agreed in the north-south ministerial council. 54. british-irish intergovernmental conference this section applies where excepted or reserved matters relating to northern ireland are to be discussed at a meeting of the british-irish intergovernmental conference. the first minister and the deputy first minister acting jointly shall ensure that there is such cross-community attendance by ministers and junior ministers at the meeting as is required by the belfast agreement. 55. implementation bodies the secretary of state may make an order about any body— which he considers to be an implementation body; and which is, or is to be, established on or before the appointed day. an order under this section may make any such provision as may be made (after the appointed day) by act of the assembly and may in particular— confer on the body the legal capacities of a body corporate; confer on the body any function which the secretary of state considers necessary or expedient for the purpose for which it is, or is to be, established; confer on a northern ireland department power to make grants to the body out of money appropriated by act of the assembly; make provision as to the accounting and audit arrangements which are to apply in relation to the body; and make consequential or supplementary provisions, including provisions amending or repealing any northern ireland legislation, or any instrument made under such legislation. in this section “implementation body” means a body for implementing, on the basis mentioned in paragraph 11 of strand two of the belfast agreement, policies agreed in the north-south ministerial council. 56. civic forum the first minister and the deputy first minister acting jointly shall make arrangements for obtaining from the forum its views on social, economic and cultural matters. the arrangements so made shall not take effect until after they have been approved by the assembly. the expenses of the forum shall be defrayed as expenses of the department of finance and personnel. in this section “the forum” means the consultative civic forum established in pursuance of paragraph 34 of strand one of the belfast agreement by the first minister and the deputy first minister acting jointly. part vi. financial provisions subheading 1. consolidated fund 57. consolidated fund of northern ireland the consolidated fund of northern ireland shall continue to exist. sums forming part of the fund— shall be appropriated to the public service of northern ireland by act of the assembly; and shall not be applied for any purpose for which they are not appropriated. subsection (2) is subject to section 59 and to any provision which charges sums on the fund and is made— by or under an act of parliament; or by an act of the assembly or other northern ireland legislation. 58. payments into the fund the secretary of state shall from time to time make payments into the consolidated fund of northern ireland out of money provided by parliament of such amounts as he may determine. 59. payments out of fund without appropriation act if an act is not passed at least three working days before the end of a financial year (“year 1”) authorising the issue out of the consolidated fund of northern ireland of sums for the service of the next financial year (“year 2”)— the authorised officer of the department of finance and personnel may, subject to any act subsequently passed, authorise the issue of sums out of that fund for the service of year 2; and the sums so issued shall be appropriated for such services and purposes as the officer may direct. the aggregate of the sums issued under subsection (1) for the service of year 2 shall not exceed 75 per cent of the total amount appropriated by act for the service of year 1. if an act is not passed before the end of july in any financial year authorising the issue out of the consolidated fund of northern ireland of sums for the service of the year— the authorised officer of the department of finance and personnel may, subject to any act subsequently passed, authorise the issue of sums out of that fund for the service of the year; and the sums so issued shall be appropriated for such services and purposes as the officer may direct. the aggregate of the sums issued under subsection (3), and (where applicable) the sums issued under subsection (1), for the service of any financial year shall not exceed 95 per cent of the total amount appropriated by act for the service of the preceding financial year. in this section— “act” means an act of the assembly or, in relation to any time before the appointed day, an order in council under schedule 1 to the northern ireland act 1974; “authorised officer”, in relation to the department of finance and personnel, means the permanent secretary or such other officer as may be nominated by him for the purpose. 60. financial control, accounts and audit in so far as such provision has not been made, an act of the assembly or other northern ireland legislation shall make provision— for proper accounts to be prepared by the northern ireland departments, and by other persons to whom sums are paid directly out of the consolidated fund of northern ireland, of their expenditure and receipts; for the department of finance and personnel to prepare an account of payments into and out of the fund; for the comptroller and auditor general for northern ireland to exercise, or ensure the exercise by other persons of, the functions mentioned in subsection (2); for access by persons exercising those functions to such documents as they may reasonably require; for members of the northern ireland civil service designated for the purpose to be answerable to the assembly in respect of the expenditure and receipts of each of the northern ireland departments; and for the publication of accounts prepared in pursuance of paragraphs (a) and (b), and of reports on such accounts, and for the laying of such accounts and reports before the assembly. the functions referred to in subsection (1)(c) are— issuing credits for the payment of sums out of the fund; examining accounts prepared in pursuance of subsection (1)(a) and (b) (which includes determining whether sums paid out of the fund have been paid out and applied in accordance with section 57), and certifying and reporting on them; carrying out examinations into the economy, efficiency and effectiveness with which the northern ireland departments have used their resources in discharging their functions; and carrying out examinations into the economy, efficiency and effectiveness with which other persons determined under northern ireland legislation to whom sums are paid directly out of the fund have used those sums in discharging their functions. standing orders shall make provision for establishing a committee of members of the assembly to consider accounts, and reports on accounts, laid before the assembly in pursuance of this section or any other enactment. persons (other than the comptroller and auditor general for northern ireland) charged with the exercise of any function under subsection (2) or other like function conferred by northern ireland legislation shall not, in the exercise of that or any ancillary function, be subject to the direction or control of any minister or northern ireland department or of the assembly. subsection (2)(b) does not apply to accounts prepared by the comptroller and auditor general for northern ireland. subheading 2. advances 61. advances by secretary of state the secretary of state may advance to the department of finance and personnel sums required for the purpose of— meeting a temporary excess of sums to be paid out of the consolidated fund of northern ireland over sums paid into the fund; or providing a working balance in the fund. the treasury may issue to the secretary of state out of the national loans fund any sum which he requires for the making of an advance under this section. the aggregate at any time outstanding in respect of the principal of sums advanced under this section shall not exceed £250 million. sums advanced under this section shall be repaid to the secretary of state at such times and by such methods, and interest on them shall be paid to him at such rates and at such times, as the treasury may determine. sums received by the secretary of state under subsection (4) shall be paid into the national loans fund. amounts required for the repayment of, or the payment of interest on, sums advanced under this section shall be charged on the consolidated fund of northern ireland. the secretary of state may by order, with the consent of the treasury, substitute for the amount specified in subsection (3) such increased amount as may be specified in the order. 62. accounts the secretary of state shall, for each financial year— prepare, in such form and manner as the treasury may direct, an account of sums paid and received by him under section 61; and send the account to the comptroller and auditor general not later than the end of november in the following financial year. the comptroller and auditor general shall— examine, certify and report on the account; and lay copies of it and his report before each house of parliament. subheading 3. miscellaneous 63. financial acts of the assembly the assembly may not pass a vote, resolution or act to which this subsection applies except in pursuance of a recommendation which— is made by the minister of finance and personnel; and is signified to the assembly by him or on his behalf. subsection (1) applies to a vote, resolution or act which— imposes or increases a charge on the consolidated fund of northern ireland; appropriates a sum out of that fund or increases a sum to be appropriated; releases or compounds a debt owed to the crown; or imposes or increases a tax. standing orders shall provide that a vote, resolution or act which— appropriates a sum out of the consolidated fund of northern ireland or increases a sum to be appropriated; or imposes or increases a tax,shall not be passed without cross-community support. 64. draft budgets the minister of finance and personnel shall, before the beginning of each financial year, lay before the assembly a draft budget, that is to say, a programme of expenditure proposals for that year which has been agreed by the executive committee in accordance with paragraph 20 of strand one of the belfast agreement. the assembly may, with cross-community support, approve a draft budget laid before them with or without modification. 65. audit the comptroller and auditor general for northern ireland shall be appointed by her majesty on the nomination of the assembly. a recommendation shall not be made to her majesty for the removal from office of the comptroller and auditor general for northern ireland unless— the assembly so resolves; and the resolution is passed with the support of a number of members of the assembly which equals or exceeds two thirds of the total number of seats in the assembly. the comptroller and auditor general for northern ireland shall not, in the exercise of any of his functions, be subject to the direction or control of any minister or northern ireland department or of the assembly; but this subsection does not apply in relation to any function conferred on him of preparing accounts. the accounts of the consolidated fund of northern ireland shall be audited by the comptroller and auditor general for northern ireland in accordance with the exchequer and audit act northern ireland) 1921. subsection (4) is subject to any provision of an act of the assembly or other northern ireland legislation. the assembly shall not have power under article 4(1) of the audit (northern ireland) order 1987 to pass at any time a resolution which reduces the salary payable to a person holding the office of comptroller and auditor general for northern ireland at that time. 66. expenses of northern ireland audit office standing orders shall make provision for establishing a committee of members of the assembly to exercise, in place of the department of finance and personnel, the functions conferred on that department by article 6(2) of the audit (northern ireland) order 1987 (expenses of northern ireland audit office). no more than one member of the committee established under subsection (3) of section 60 may be a member of the committee established under this section. the committee established under this section shall, in discharging its functions, have regard to the advice of the committee established under that subsection and of the department of finance and personnel. 67. provision of information to treasury the treasury may require the northern ireland ministers and departments to provide, within such period as the treasury may specify, such information, in such form and prepared in such manner, as the treasury may specify. if the information is not in their possession or under their control, their duty under subsection (1) is to take all reasonable steps to comply with the requirement. part vii. human rights and equal opportunities subheading 1. human rights 68. the northern ireland human rights commission there shall be a body corporate to be known as the northern ireland human rights commission. the commission shall consist of a chief commissioner and other commissioners appointed by the secretary of state. in making appointments under this section, the secretary of state shall as far as practicable secure that the commissioners, as a group, are representative of the community in northern ireland. schedule 7 (which makes supplementary provision about the commission) shall have effect. 69. the commission’s functions the commission shall keep under review the adequacy and effectiveness in northern ireland of law and practice relating to the protection of human rights. the commission shall, before the end of the period of two years beginning with the commencement of this section, make to the secretary of state such recommendations as it thinks fit for improving— its effectiveness; the adequacy and effectiveness of the functions conferred on it by this part; and the adequacy and effectiveness of the provisions of this part relating to it. the commission shall advise the secretary of state and the executive committee of the assembly of legislative and other measures which ought to be taken to protect human rights— as soon as reasonably practicable after receipt of a general or specific request for advice; and on such other occasions as the commission thinks appropriate. the commission shall advise the assembly whether a bill is compatible with human rights— as soon as reasonably practicable after receipt of a request for advice; and on such other occasions as the commission thinks appropriate. the commission may— give assistance to individuals in accordance with section 70; and bring proceedings involving law or practice relating to the protection of human rights. the commission shall promote understanding and awareness of the importance of human rights in northern ireland; and for this purpose it may undertake, commission or provide financial or other assistance for— research; and educational activities. the secretary of state shall request the commission to provide advice of the kind referred to in paragraph 4 of the human rights section of the belfast agreement. the commission shall publish a report of its findings on an investigation. for the purpose of exercising its functions under this section the commission may conduct such investigations as it considers necessary or expedient. the commission may decide to publish its advice and the outcome of its research. the commission shall do all that it can to ensure the establishment of the committee referred to in paragraph 10 of that section of that agreement. in this section— a reference to the assembly includes a reference to a committee of the assembly; “human rights” includes the convention rights. 69a. investigations: evidence for the purpose of an investigation under section 69(8) the commission may by notice in writing require a person— to provide information in his possession, to produce documents in his possession, or to give oral evidence. a notice may include provision about— the form of information, documents or evidence; timing. a notice— may not require a person to provide information that he is prohibited from disclosing by virtue of an enactment, may not require a person to do anything that he could not be compelled to do in proceedings before the high court, and may not require a person to attend at a place unless the commission undertakes to pay the expenses of his journey. the commission may issue a notice under subsection (1) only if it has— considered whether the matter to which the notice relates has already been sufficiently investigated by another person, and concluded that it has not. the recipient of a notice may apply to a county court to have the notice cancelled on the grounds that the requirement imposed by the notice— is unnecessary having regard to the purpose of the investigation to which the notice relates, contravenes subsection (4) or section 69d, or is otherwise unreasonable. subsection (7) applies where the commission thinks that a person— has failed without reasonable excuse to comply with a notice, or is likely to fail without reasonable excuse to comply with a notice. the commission may apply to a county court for an order requiring a person to take such steps as may be specified in the order to comply with the notice. a person commits an offence if without reasonable excuse he— fails to comply with a notice, fails to comply with an order under subsection (7), falsifies anything provided or produced in accordance with a notice or order, or makes a false statement in giving oral evidence in accordance with a notice. a person who is guilty of an offence under subsection (8) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. a notice under this section may not require the public prosecution service for northern ireland to supply documents or evidence about a decision whether or not to institute or continue criminal proceedings. 69b. investigations: national security where a person is given a notice under section 69a(1) he shall disregard it, and notify the commission that he is disregarding it, in so far as he thinks it would require him— to disclose sensitive information within the meaning of paragraph 5 of schedule 1 to the justice and security act 2013 (intelligence and security committee of parliament), to disclose information which might lead to the identification of an employee or agent of an intelligence service (other than one whose identity is already known to the commission), to disclose information which might provide details of processes used in recruiting, selecting or training employees or agents of an intelligence service, to disclose information which might provide details of, or cannot practicably be separated from, information falling within any of paragraphs (a) to (c), to make a disclosure of information relating to an intelligence service which would prejudice the interests of national security, or to make a disclosure of information relating to the police service of northern ireland which would prejudice the interests of national security. where in response to a notice under section 69a(1) a person gives a notice to the commission under subsection (1) above— section 69a(7) and (8) shall not apply in relation to that part of the notice under section 69a(1) to which the notice under subsection (1) above relates, the commission may apply to the tribunal established by section 65 of the regulation of investigatory powers act 2000 (c. 23) for an order requiring the person to take such steps as may be specified in the order to comply with the notice, the following provisions of that act shall apply in relation to proceedings under this subsection as they apply in relation to proceedings under that act (with any necessary modifications)— section 67(7), (8) and (10) to (12) (determination), section 68 (procedure), and section 69 (rules), and the tribunal shall determine proceedings under this subsection by considering the opinion of the person who gave the notice under subsection (1) above in accordance with the principles that would be applied by a court on an application for judicial review of the giving of the notice. where the commission receives information or documents from or relating to an intelligence service in response to a notice under section 69a(1), the commission shall store and use the information or documents in accordance with any arrangements specified by the secretary of state. the recipient of a notice under section 69a(1) may apply to the high court to have the notice cancelled on the grounds that the requirement imposed by the notice is undesirable for reasons of national security, other than for the reason that it would require a disclosure of a kind to which subsection (1) above applies. an investigation under section 69(8) may not consider— whether an intelligence service has acted (or is acting) in a way which is incompatible with a person's human rights, or other matters concerning human rights in relation to an intelligence service. in this section “intelligence service” means— the security service, the secret intelligence service, and the government communications headquarters. 69c. investigations: places of detention for the purpose of an investigation under section 69(8) a person authorised in writing by the commission may enter a specified place of detention in northern ireland on one or more occasions during a specified period. in subsection (1) “specified” means specified in the terms of reference of the investigation. in subsection (1) “place of detention” means— a prison specified in the schedule to the prisons and young offenders centres rules (northern ireland) 1995, a place used for the purpose of detaining arrested persons in a police station designated under article 36 of the police and criminal evidence (northern ireland) order 1989 (s.i. 1989/1341 (n.i. 12)), a place designated under paragraph 1 of schedule 8 to the terrorism act 2000 (c. 11) (detention), in a building where a court sits, a place used for the purpose of detaining arrested persons, a juvenile justice centre provided under article 51 of the criminal justice (children) (northern ireland) order 1998 (s.i. 1998/1504 (n.i. 9)), the secure accommodation in bangor provided and used in accordance with article 44 of the children (northern ireland) order 1995 (s.i. 1995/755 (n.i. 2)), a removal centre or short-term holding facility within the meaning of section 147 of the immigration and asylum act 1999 (c. 33), and any accommodation (including accommodation in a hospital) provided for the purpose of detention under the mental health (northern ireland) order 1986 (s.i. 1986/595 (n.i. 4)). the commission may specify a place of detention in the terms of reference of an investigation only if it has— considered whether the matter in respect of which the place is specified has already been sufficiently investigated by another person, and concluded that it has not. the power under subsection (1) may not be exercised— during the period of 15 days beginning with that on which copies of the terms of reference of the investigation are provided in accordance with section 69d(1)(b), or while an application under subsection (6), made during that period, has not yet been determined. a county court may, on the application of a person who appears to the court to be responsible for a place of detention specified in terms of reference— order that the power under subsection (1) may not be used to enter the place of detention; impose restrictions on the exercise of the power in relation to the place of detention; require the commission to amend the terms of reference. an order may be made under subsection (6) only if the court thinks that— access to the place of detention is unnecessary having regard to the purpose of the investigation, it would be unreasonable to allow the commission access to the place of detention, or the commission has failed to comply with subsection (4) or section 69d. in considering whether to make an order under subsection (6), and in considering the terms of an order under subsection (6)(b), the court shall have regard, in particular, to the likely impact of the use of the power under subsection (1) on the operation of the place of detention. if a person obstructs the commission in the exercise of the power under subsection (1) the commission may apply to a county court for an order requiring the person not to obstruct the commission. a person commits an offence if without reasonable excuse he fails to comply with an order under subsection (9). a person who is guilty of an offence under subsection (10) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. the secretary of state may by order amend subsection (3). 69d. investigations: terms of reference a power under section 69a(1) or 69c(1) may be used in relation to an investigation only if the commission has— prepared terms of reference for the investigation in advance, and sent a copy of the terms of reference to— any person identified in them, a person responsible for any place of detention specified in them, and any other person whom the commission thinks may be affected by the investigation. terms of reference must specify a period within which the investigation must be concluded. subsection (2) does not prevent the commission from commencing (in accordance with this part) a new investigation of matters arising out of, or incompletely considered in, an earlier investigation. 70. assistance by commission this section applies to— proceedings involving law or practice relating to the protection of human rights which a person in northern ireland has commenced, or wishes to commence; or proceedings in the course of which such a person relies, or wishes to rely, on such law or practice. where the person applies to the northern ireland human rights commission for assistance in relation to proceedings to which this section applies, the commission may grant the application on any of the following grounds— that the case raises a question of principle; that it would be unreasonable to expect the person to deal with the case without assistance because of its complexity, or because of the person’s position in relation to another person involved, or for some other reason; that there are other special circumstances which make it appropriate for the commission to provide assistance. where the commission grants an application under subsection (2) it may— provide, or arrange for the provision of, legal advice; arrange for the provision of legal representation; provide any other assistance which it thinks appropriate. arrangements made by the commission for the provision of assistance to a person may include provision for recovery of expenses from the person in certain circumstances. 71. restrictions on application of rights nothing in section 6(2)(c) or 24(1)(a) shall enable a person— to bring any proceedings in a court or tribunal on the ground that any legislation or act is incompatible with the convention rights; or to rely on any of the convention rights in any such proceedings,unless he would be a victim for the purposes of article 34 of the convention if proceedings in respect of the legislation or act were brought in the european court of human rights. subsection (1) does not apply to the attorney general, the attorney general for northern ireland, the advocate general for scotland or the lord advocate. subsection (1) does not apply to the commission. in relation to the commission's instituting, or intervening in, human rights proceedings— the commission need not be a victim or potential victim of the unlawful act to which the proceedings relate, section 7(3) and (4) of the human rights act 1998 (c. 42) (breach of convention rights: sufficient interest, &c.) shall not apply, the commission may act only if there is or would be one or more victims of the unlawful act, and no award of damages may be made to the commission (whether or not the exception in section 8(3) of that act applies). for the purposes of subsection (2b)— “human rights proceedings” means proceedings which rely (wholly or partly) on— section 7(1)(b) of the human rights act 1998, or section 69(5)(b) of this act, and an expression used in subsection (2b) and in section 7 of the human rights act 1998 has the same meaning in subsection (2b) as in section 7. section 6(2)(c)— does not apply to a provision of an act of the assembly if the passing of the act is, by virtue of subsection (2) of section 6 of the human rights act 1998, not unlawful under subsection (1) of that section; and does not enable a court or tribunal to award in respect of the passing of an act of the assembly any damages which it could not award on finding the passing of the act unlawful under that subsection. section 24(1)(a)— does not apply to an act which, by virtue of subsection (2) of section 6 of the human rights act 1998, is not unlawful under subsection (1) of that section; and does not enable a court or tribunal to award in respect of an act any damages which it could not award on finding the act unlawful under that subsection. in this section “the convention” has the same meaning as in the human rights act 1998. 72. standing advisory commission on human rights: dissolution [repealed] subheading 2. equality of opportunity 73. the equality commission for northern ireland there shall be a body corporate to be known as the equality commission for northern ireland. the commission shall consist of not less than 14 nor more than 20 commissioners appointed by the secretary of state. the secretary of state shall appoint— one commissioner as chief commissioner; and at least one commissioner as deputy chief commissioner. in making appointments under this section, the secretary of state shall as far as practicable secure that the commissioners, as a group, are representative of the community in northern ireland. schedule 8 (which makes supplementary provision about the commission) shall have effect. 74. the commission’s principal functions the functions exercisable by the bodies listed in subsection (2) shall instead be exercisable by the equality commission; and the bodies listed are hereby dissolved. those bodies are— the fair employment commission for northern ireland; the equal opportunities commission for northern ireland; the commission for racial equality for northern ireland; the northern ireland disability council. in exercising its functions the equality commission shall— aim to secure an appropriate division of resources between the functions previously exercisable by each of the bodies listed in subsection (2); and have regard to advice offered by a consultative council. in subsection (3) “consultative council” means a group of persons selected by the commission to advise in relation to the functions previously exercisable by one of the bodies listed in subsection (2) or in relation to the commission’s functions under schedule 9. the secretary of state may by order make such supplemental, incidental or consequential provision as appears to him to be appropriate as a result of subsections (1) and (2). in particular, an order may include provision— amending an enactment; for the transfer of rights and liabilities; for payments into the consolidated fund or to a specified person. 75. statutory duty on public authorities a public authority shall in carrying out its functions relating to northern ireland have due regard to the need to promote equality of opportunity— between persons of different religious belief, political opinion, racial group, age, marital status or sexual orientation; between men and women generally; between persons with a disability and persons without;and between persons with dependants and persons without. without prejudice to its obligations under subsection (1), a public authority shall in carrying out its functions relating to northern ireland have regard to the desirability of promoting good relations between persons of different religious belief, political opinion or racial group. in this section “public authority” means— any department, corporation or body listed in schedule 2 to the parliamentary commissioner act 1967 (departments, corporations and bodies subject to investigation) and designated for the purposes of this section by order made by the secretary of state; any body (other than the equality commission) listed in schedule 2 to the commissioner for complaints (northern ireland) order 1996 (bodies subject to investigation); any department or other authority listed in schedule 2 to the ombudsman (northern ireland) order 1996 (departments and other authorities subject to investigation); the northern ireland policing board, the chief constable of the police service of northern ireland and the police ombudsman for northern ireland; the director of public prosecutions for northern ireland; the chief inspector of criminal justice in northern ireland; the northern ireland law commission; any other person designated for the purposes of this section by order made by the secretary of state. an order under subsection (3)(a) or (d) may provide that the designated department, corporation, body or other person— is not subject to, or is only subject to, specified obligations under subsection (1) or (2), or is not subject to, or is only subject to, specified obligations under subsection (1) or (2)— when exercising a specified function, or when exercising a specified function in specified circumstances or for specified purposes. in subsection (3a) “specified” means specified in the order. schedule 9 (which makes provision for the enforcement of the duties under this section) shall have effect. the references in subsections (1) and (2) and schedule 9 to the functions of the director of public prosecutions for northern ireland do not include any of his functions relating to the prosecution of offences or any of the functions conferred on him by, or in relation to, part 5 or 8 of the proceeds of crime act 2002 (c. 29) (civil recovery of the proceeds etc. of unlawful conduct, civil recovery investigations and disclosure orders in relation to confiscation investigations). in this section— “disability” has the same meaning as in the disability discrimination act 1995; and “racial group” has the same meaning as in the race relations (northern ireland) order 1997. 76. discrimination by public authorities it shall be unlawful for a public authority carrying out functions relating to northern ireland to discriminate, or to aid or incite another person to discriminate, against a person or class of person on the ground of religious belief or political opinion. an act which contravenes this section is actionable in northern ireland at the instance of any person adversely affected by it; and the court may— grant damages; subject to subsection (3), grant an injunction restraining the defendant from committing, causing or permitting further contraventions of this section. without prejudice to any other power to grant an injunction, a court may grant an injunction under subsection (2) only if satisfied that the defendant— contravened this section on the occasion complained of and on more than one previous occasion; and is likely to contravene this section again unless restrained by an injunction. this section does not apply in relation to any act or omission which is unlawful by virtue of the fair employment and treatment (northern ireland) order 1998, or would be unlawful but for some exception made by virtue of part viii of that order. subsection (1) applies to the making, confirmation or approval of subordinate legislation only if— the legislation contains a provision which discriminates against a person or class of person on the ground of religious belief or political opinion; and the provision extends only to the whole or any part of northern ireland. where it is alleged that subsection (1) applies to the making, confirmation or approval of subordinate legislation, subsection (2) shall not apply but the contravention may be relied upon in legal proceedings relating to the validity of the subordinate legislation. the following are public authorities for the purposes of this section— a minister of the crown; any department, corporation or body listed in schedule 2 to the parliamentary commissioner act 1967 (departments, corporations and bodies subject to investigation); any body listed in schedule 2 to the commissioner for complaints (northern ireland) order 1996 (bodies subject to investigation); any authority (other than a northern ireland department) listed in schedule 2 to the ombudsman (northern ireland) order 1996 (departments and other authorities subject to investigation); the police service of northern ireland, the police service of northern ireland reserve and the police ombudsman for northern ireland; the director of public prosecutions for northern ireland; the probation board for northern ireland; and the chief inspector of criminal justice in northern ireland; the northern ireland law commission; a universal service provider (within the meaning of part 3 of the postal services act 2011) so far as carrying out functions in connection with the provision of a universal postal service (within the meaning of that part). this section does not apply to a decision of the director of public prosecutions for northern ireland not to institute, or to discontinue, criminal proceedings or, where such a decision has been made, to any act done for the purpose of enabling the decision whether to institute or continue the proceedings to be made or for securing that the proceedings are discontinued. no injunction may be granted in respect of a contravention of this section by the director of public prosecutions for northern ireland unless the court is satisfied that it would not prejudice any decision to institute criminal proceedings or any criminal proceedings. where a party to proceedings for a contravention of this section applies for a stay of those proceedings on the ground of prejudice to a decision to institute criminal proceedings, or of prejudice to particular criminal proceedings, the court must grant the stay unless it is satisfied that continuance of the proceedings for the contravention would not result in the prejudice alleged. the reference in subsection (1) to the functions of the director of public prosecutions for northern ireland does not include any of the functions conferred on him by, or in relation to, part 5 or 8 of the proceeds of crime act 2002 (c. 29) (civil recovery of the proceeds etc. of unlawful conduct, civil recovery investigations and disclosure orders in relation to confiscation investigations). 77. unlawful oaths etc subject to subsections (2) and (3), an authority or body to which this section applies may not require a person to take an oath or make a declaration as a condition of— being appointed to the authority or body; acting as a member of the authority or body; or serving with or being employed by the authority or body. subsection (1) shall not prevent a person being required to take an oath, or make a declaration, which is expressly required or authorised by the law in force immediately before this section comes into force. subsection (1) shall not prevent a person being required to make a declaration— of acceptance of office; that he is qualified to act, serve or be employed in a capacity; or that he is not disqualified from acting, serving or being employed in a capacity. this section applies to— the assembly; the northern ireland assembly commission; any body listed in schedule 2 to the commissioner for complaints (northern ireland) order 1996 (bodies subject to investigation); any authority (other than a northern ireland department) listed in schedule 2 to the ombudsman (northern ireland) order 1996 (departments and other authorities subject to investigation); and the probation board for northern ireland. subsections (1) to (3) apply with the necessary modifications to a minister and a northern ireland department. an act which contravenes this section is actionable in northern ireland at the instance of any person adversely affected by it; and the court may— grant damages; subject to subsection (7), grant an injunction restraining the defendant from committing, causing or permitting further contraventions of this section. without prejudice to any other power to grant an injunction, a court may grant an injunction under subsection (6) only if satisfied that the defendant— contravened this section on the occasion complained of and on more than one previous occasion; and is likely to contravene this section again unless restrained by an injunction. in this section a reference to a declaration includes a reference to any kind of undertaking or affirmation, by whatever name. 78. removal of restrictions on investigation into maladministration the provisions mentioned in subsection (2) (which preclude an investigation when the person aggrieved has or had a remedy by way of proceedings in a court of law) shall not apply to an investigation of a complaint alleging maladministration involving— discrimination, or aiding or inciting any person to discriminate, on the ground of religious belief or political opinion; or a requirement in contravention of section 77 to take an oath or make a declaration (within the meaning of that section). the provisions are— section 5(2)(b) of the parliamentary commissioner act 1967; article 9(3)(b) of the commissioner for complaints (northern ireland) order 1996; and article 10(3)(b) of the ombudsman (northern ireland) order 1996. part viii. miscellaneous subheading 1. judicial scrutiny 79. devolution issues schedule 10 (which makes provision in relation to devolution issues) shall have effect. 80. legislative power to remedy ultra vires acts the secretary of state may by order make such provision as he considers necessary or expedient in consequence of— any provision of an act of the assembly which is not, or may not be, within the legislative competence of the assembly; or any purported exercise by a minister or northern ireland department of his or its functions which is not, or may not be, a valid exercise of those functions. an order under this section may— make provision having retrospective effect; make consequential or supplementary provision, including provision amending or repealing any northern ireland legislation, or any instrument made under such legislation; make transitional or saving provision. 81. powers of courts or tribunals to vary retrospective decisions this section applies where any court or tribunal decides that— any provision of an act of the assembly is not within the legislative competence of the assembly; or a minister or northern ireland department does not have the power to make, confirm or approve a provision of subordinate legislation that he or it has purported to make, confirm or approve. the court or tribunal may make an order— removing or limiting any retrospective effect of the decision; or suspending the effect of the decision for any period and on any conditions to allow the defect to be corrected. in deciding whether to make an order under this section, the court or tribunal shall (among other things) have regard to the extent to which persons who are not parties to the proceedings would otherwise be adversely affected. where a court or tribunal is considering whether to make an order under this section, it shall order notice of that fact to be given to— the attorney general for northern ireland; and where the decision mentioned in subsection (1) relates to a devolution issue (within the meaning of schedule 10), the appropriate authority,unless the person to whom the notice would be given is a party to the proceedings. a person to whom notice is given under subsection (4) or, where such notice is given to the first minister and the deputy first minister, those ministers acting jointly may take part as a party in the proceedings so far as they relate to the making of the order. paragraphs 37 and 38 of schedule 10 apply with necessary modifications for the purposes of subsections (4) and (5) as they apply for the purposes of that schedule. in this section “the appropriate authority” means— in relation to proceedings in northern ireland, the first minister and the deputy first minister; in relation to proceedings in england and wales, the attorney general; in relation to proceedings in scotland, the lord advocate and the advocate general for scotland. 82. the judicial committee [repealed] 83. interpretation of acts of the assembly etc this section applies where— any provision of an act of the assembly, or of a bill for such an act, could be read either— in such a way as to be within the legislative competence of the assembly; or in such a way as to be outside that competence; or any provision of subordinate legislation made, confirmed or approved, or purporting to be made, confirmed or approved, by a northern ireland authority could be read either— in such a way as not to be invalid by reason of section 24 or, as the case may be, section 76; or in such a way as to be invalid by reason of that section. the provision shall be read in the way which makes it within that competence or, as the case may be, does not make it invalid by reason of that section, and shall have effect accordingly. in this section “northern ireland authority” means a minister, a northern ireland department or a public authority (within the meaning of section 76) carrying out functions relating to northern ireland. subheading 2. power to make provision by order in council 84. provision with respect to certain matters relating to northern ireland her majesty may by order in council make provision with respect to elections (but not the franchise) and boundaries in respect of district councils in northern ireland. the power in subsection (1) includes power to make provision with respect to polls at elections for district councillors when they are combined with polls at other elections. an order in council under subsection (1) may make different provision for different areas about the conduct of elections, including different provision about the registration of persons entitled to vote at an election. her majesty may by order in council make such amendments of the law of any part of the united kingdom as appear to her majesty to be necessary or expedient in consequence of any provision made by or under— northern ireland legislation; or any act of parliament passed before this act in so far as the provision is part of the law of northern ireland. an order in council under subsection (1) or (2) may contain such consequential and supplemental provisions as appear to her majesty to be necessary or expedient. no recommendation shall be made to her majesty to make an order in council under this section unless a draft of the order has been laid before and approved by resolution of each house of parliament. 85. provision dealing with certain reserved matters her majesty may by order in council make provision dealing with any matter falling within a description specified in any of paragraphs 9 to 17 of schedule 3 (a “relevant matter”), including— provision having retrospective effect; provision for the delegation of functions; provision amending or repealing any provision made by or under any act of parliament or northern ireland legislation. an order in council under this section may— make provision ancillary to provisions (whether in the order or previously enacted) which deal with any relevant matter; make such consequential, incidental, supplemental, or transitional provision as appears to her majesty to be necessary or expedient. no recommendation shall be made to her majesty to make an order in council under this section unless a draft of the order has been laid before and approved by resolution of each house of parliament. no draft may be laid under subsection (3) unless— the secretary of state has laid before parliament a document which contains a draft of the proposed order; the secretary of state has referred the document to the assembly for its consideration; and the period of 60 days beginning with the day on which the document was laid before parliament has ended. the assembly may report to the secretary of state the views expressed in the assembly on the proposed order and shall do so if the secretary of state so requests. the draft laid under subsection (3) must be accompanied— if representations have been made during the period mentioned in subsection (4), by a statement containing a summary of the representations; if a report has been made to the secretary of state under subsection (5) during that period, by a copy of the report; and if, as a result of any representations or report so made, the proposed order has been changed, by a statement containing details of the changes. subsection (3) does not apply to an order in council which declares that it has been made to appear to her majesty that by reason of urgency the order requires to be made without a draft having been approved as mentioned in that subsection. where an order in council contains a declaration such as is mentioned in subsection (7)— the order shall be laid before parliament after being made; and if at the end of the period of 40 days after the date on which the order is made it has not been approved by resolution of each house, it shall then cease to have effect (but without prejudice to anything previously done under it or to the making of a new order). in reckoning the periods mentioned in subsections (4) and (8), no account shall be taken of any time during which parliament is dissolved or prorogued or during which both houses are adjourned for more than four days. references to acts of the assembly in any enactment or instrument shall, so far as the context permits, be deemed to include references to orders in council under this section. orders in council under this section may be omitted from any annual edition of statutory instruments made by virtue of section 8 of the statutory instruments act 1946. in this section “representations” means representations about a proposed order in council under this section made to the secretary of state and includes— any relevant resolution of either house of parliament or of the assembly; and any relevant report or resolution of any committee of either house of parliament or of the assembly. 86. provision for purposes consequential on act etc her majesty may by order in council make such provision, including provision amending the law of any part of the united kingdom, as appears to her majesty to be necessary or expedient in consequence of, or for giving full effect to, this act or any order under section 4 or 6. orders under subsection (1) may make provision for transferring to a united kingdom authority, with effect from any date specified in the order— any functions which immediately before that date are exercisable by a northern ireland authority and appear to her majesty to be concerned with a matter which is an excepted or reserved matter other than by virtue of an order under section 4; any functions which immediately before that date are exercisable by a northern ireland authority and appear to her majesty not to be exercisable in or as regards northern ireland by virtue of an order under section 6. orders under subsection (1) may make provision for transferring to a northern ireland authority, with effect from any date specified in the order— any functions which immediately before that date are exercisable by a united kingdom authority and appear to her majesty to be concerned with a matter which is a transferred matter other than by virtue of an order under section 4; any functions which immediately before that date are exercisable by a united kingdom authority and appear to her majesty to be exercisable in or as regards northern ireland by virtue of an order under section 6. an order under subsection (1) in relation to an order under section 4 may make provision doing any of the following— transferring to a united kingdom authority, with effect from any date specified in the order under subsection (1), any function which immediately before that date is exercisable by a northern ireland authority; transferring to a northern ireland authority, with effect from any date specified in the order under subsection (1), any function which immediately before that date is exercisable by a united kingdom authority; conferring a function on a united kingdom authority or a northern ireland authority; removing a function from a united kingdom authority or a northern ireland authority. an order under subsection (1) may make provision, to such extent as may appear to her majesty to be necessary or expedient in consequence of, or for giving full effect to, this act or any order under section 4 or 6— for transferring or apportioning any property, rights or liabilities; for substituting any authority for any other authority in any charter, contract or other document or in any legal proceedings; for any other transitional or consequential matter. where such provision as is mentioned in subsection (3)(b) has been made by order in council under subsection (1), her majesty may, if it appears to her necessary or expedient to do so, by order in council— provide that the functions transferred to the northern ireland authority shall be exercisable by a united kingdom authority, either alone or concurrently with the northern ireland authority; and make such provision as is mentioned in subsection (4)(a) to (c). no recommendation shall be made to her majesty to make an order under this section unless a draft of it has been laid before and approved by resolution of each house of parliament. in this section “northern ireland authority” means— a minister or a northern ireland department; the comptroller and auditor general for northern ireland; or any other public body or holder of public office in northern ireland. in this section “united kingdom authority” means— the privy council; any minister of the crown; the defence council; the commissioners of inland revenue; the commissioners of customs and excise; the comptroller and auditor general; or any other public body or holder of public office in the united kingdom. 86a. provision for transfer of functions relating to extradition etc her majesty may by order in council make provision amending— the crime (international co-operation) act 2003; or the extradition act 2003, for the purpose of transferring to a minister or a northern ireland department, with effect from any date specified in the order, any relevant function under the act. in subsection (1) “relevant function” means a function which, immediately before the date specified in the order,— is exercisable by a minister of the crown; and is exercisable in relation to northern ireland. an order under subsection (1) may make provision, to such extent as may appear to her majesty to be necessary or expedient in consequence of, or for giving full effect to, the order— for transferring or apportioning any property, rights or liabilities; for substituting any body or person for any other body or person in any charter, contract or other document or in any legal proceedings; for any other transitional or consequential matter. no recommendation shall be made to her majesty to make an order under this section unless a draft of it has been laid before and approved by resolution of each house of parliament. 86b. provision for entrenching enactments her majesty may by order in council make provision amending section 7 so as to provide for— enactments to become entrenched; or enactments that are entrenched by virtue of an order under paragraph (a) to cease to be entrenched. for the purposes of this section an enactment is entrenched if section 7 prevents it from being modified by an act of the assembly or subordinate legislation made, confirmed or approved by a minister or northern ireland department. no recommendation shall be made to her majesty to make an order under this section unless a draft of it has been laid before and approved by resolution of each house of parliament. subheading 3. social security, child support and pensions 87. consultation and co-ordination the secretary of state and the northern ireland minister having responsibility for social security (“the northern ireland minister”) shall from time to time consult one another with a view to securing that, to the extent agreed between them, the legislation to which this section applies provides single systems of social security, child support and pensions for the united kingdom. without prejudice to section 28, the secretary of state with the consent of the treasury, and the northern ireland minister with the consent of the department of finance and personnel, may make— arrangements for co-ordinating the operation of the legislation to which this section applies with a view to securing that, to the extent allowed for in the arrangements, it provides single systems of social security, child support and pensions for the united kingdom; and reciprocal arrangements for co-ordinating the operation of so much of the legislation as operates differently in relation to great britain and in relation to northern ireland. such arrangements as are mentioned in subsection (2)(a) or (b) may include provision for making any necessary financial adjustments, other than adjustments between the national insurance fund and the northern ireland national insurance fund. the secretary of state may make regulations for giving effect to arrangements under subsection (2); and any such regulations may for the purposes of the arrangements provide— for adapting legislation (including subordinate legislation) for the time being in force in great britain; without prejudice to paragraph (a) above, for securing that acts, omissions and events having any effect for the purposes of the enactments in force in northern ireland have a corresponding effect in relation to great britain (but not so as to confer any double benefit); and for determining, in cases where rights accrue both in relation to great britain and in relation to northern ireland, which of those rights shall be available to the person concerned. the northern ireland department having responsibility for social security may make regulations for giving effect to arrangements under subsection (2); and any such regulations may for the purposes of the arrangements provide— for adapting legislation (including subordinate legislation) for the time being in force in northern ireland; without prejudice to paragraph (a) above, for securing that acts, omissions and events having any effect for the purposes of the enactments in force in great britain have a corresponding effect in relation to northern ireland (but not so as to confer any double benefit); and for determining, in cases where rights accrue both in relation to northern ireland and in relation to great britain, which of those rights shall be available to the person concerned. this section applies to— the social security contributions and benefits act 1992 and the social security contributions and benefits (northern ireland) act 1992; the social security administration act 1992 and the social security administration (northern ireland) act 1992; the child support act 1991 and the child support (northern ireland) order 1991; the social security pensions act 1975 and the social security pensions (northern ireland) order 1975; the social security act 1989 and the social security (northern ireland) order 1989; the disability (grants) act 1993; the pension schemes act 1993 and the pensions schemes (northern ireland) act 1993; the social security (incapacity for work) act 1994 and the social security (incapacity for work) (northern ireland) order 1994; the jobseekers act 1995 and the jobseekers (northern ireland) order 1995; the pensions act 1995 and the pensions (northern ireland) order 1995; the child support act 1995 and the child support (northern ireland) order 1995; the social security (recovery of benefits) act 1997 and the social security (recovery of benefits) (northern ireland) order 1997; the social security act 1998 and the social security (northern ireland) order 1998. the welfare reform and pensions act 1999 and the welfare reform and pensions (northern ireland) order 1999 the child support, pensions and social security act 2000 and the child support, pensions and social security act (northern ireland) 2000 the social security fraud act 2001 and the social security fraud act (northern ireland) 2001 the state pension credit act 2002 and the state pension credit act (northern ireland) 2002 the age-related payments act 2004 and the age-related payments (northern ireland) order 2004; the pensions act 2004 and the pensions (northern ireland) order 2005 the welfare reform act 2007 and the welfare reform act (northern ireland) 2007; the pensions act 2007 and the pensions act (northern ireland) 2008 the child maintenance and other payments act 2008, the mesothelioma, etc., act (northern ireland) 2008, and the child maintenance act (northern ireland) 2008; the pensions act 2008 and the pensions (no. 2) act (northern ireland) 2008. but this section does not apply to the legislation referred to in subsection (6) to the extent that it relates to child benefit or guardian’s allowance. her majesty may by order in council make any modifications of subsection (6) which she considers necessary or expedient. the following provisions (which are superseded by this section and section 88) shall cease to have effect— sections 177 and 178 of the social security administration act 1992 (co-ordination and reciprocity with northern ireland); sections 153 and 154 of the social security administration (northern ireland) act 1992 (co-ordination and reciprocity with great britain); section 56(2) to (4) of the child support act 1991 (co-ordination with northern ireland); article 49(2) and (3) of the child support (northern ireland) order 1991 (co-ordination with great britain); section 29(2) to (4) of the child support act 1995 (co-ordination with northern ireland); article 20 of the child support (northern ireland) order 1995 (co-ordination with great britain). section 189 of the social security administration act 1992 (regulations and orders: general) shall apply in relation to the power conferred by subsection (4) as it applied in relation to the power conferred by section 177(4) of that act. the power conferred by subsection (5) shall be construed as if it had been conferred by an act of the assembly; and section 165 of the social security administration (northern ireland) act 1992 (regulations and orders: general) shall apply in relation to that power as it applied in relation to the power conferred by section 153(3) of that act. a statutory instrument containing an order in council under subsection (7) shall be subject to annulment in pursuance of a resolution of either house of parliament. 88. the joint authority the joint authority continued in being by section 177(2) of the social security administration act 1992— shall consist of the secretary of state, the northern ireland minister having responsibility for social security and the chancellor of the exchequer; and shall continue in being by the name of the social security, child support and pensions joint authority for the purposes of the legislation to which section 87 applies. the responsibility of the joint authority shall include that of giving effect to arrangements under section 87(2), with power to discharge such functions as may be provided under the arrangements. the joint authority shall also have power— to require the making by the commissioners of inland revenue of any necessary adjustments between the national insurance fund and the northern ireland national insurance fund, and to make any other necessary financial adjustments. the joint authority shall continue— to be a body corporate; and to have an official seal which shall be officially and judicially noticed; and the seal of the authority may be authenticated by any member of, or the secretary to, the authority, or by any person authorised by the authority to act on behalf of the secretary. any member of the joint authority shall be entitled, subject to and in accordance with any rules laid down by the authority, to appoint a deputy to act for him at meetings of the authority. the documentary evidence act 1868 shall apply to the joint authority as if the authority were included in the first column of the schedule to that act and— as if any member or the secretary, or any person authorised to act on behalf of the secretary, of the authority were mentioned in the second column of that schedule; and as if the regulations referred to in that act included any document issued by the authority. 89. industrial injuries advisory council for subsection (1) of section 149 of the social security administration (northern ireland) act 1992 (social security advisory committee) substitute— “(1) the department may from time to time— (a) refer to the social security advisory committee for consideration and advice such questions relating to the operation of any of the relevant enactments as the department thinks fit (including questions as to the advisability of amending any of them); (b) refer to the industrial injuries advisory council for consideration and advice such questions as the department thinks fit relating to industrial injuries benefit or its administration.” after subsection (2) of that section insert— “(2a) subject— (a) to subsection (3) below; and (b) to section 150 below, where the department proposes to make regulations relating only to industrial injuries benefit or its administration, it shall refer the proposals, in the form of draft regulations or otherwise, to the industrial injuries advisory council for consideration and advice.” at the end of subsection (3) of that section insert “ ; and subsection (2a) above does not apply to the regulations specified in schedule 5a to this act ”. after that subsection insert— “(3a) the industrial injuries advisory council may also give advice to the department on any other matter relating to industrial injuries benefit or its administration.” in subsections (1), (2) and (5) of section 150 of that act (cases in which consultation not required), after “the committee”, in each place, insert “ or the council ”. in subsection (3) of that section— after “the committee”, in the first place, insert “ or the council ”; and after “the committee has made its report” insert “ or, as the case may be, the council has given its advice ”. in subsection (6) of that section, after the definition of “the committee” insert— ““the council” means the industrial injuries advisory council;”. after schedule 5 to that act insert— “schedule 5a regulations not requiring prior submission to industrial injuries advisory council 1 regulations under section 120(1)(b) of the contributions and benefits act. 2 regulations which state that they contain only provisions in consequence of an order under section 129 or 132 above. 3 regulations made within a period of 6 months from the passing of any act passed after this act and directed to be construed as one with this act, where— (a) the regulations state that they contain only regulations to make provision consequential on the passing of the act; and (b) the act does not exclude this paragraph in respect of the regulations; and in this paragraph “act” includes an act of the northern ireland assembly. 4 regulations which state that they contain only regulations making with respect to industrial injuries benefit or its administration the same or substantially the same provision as has been, or is to be, made with respect to other benefit as defined in section 121(1) of the contributions and benefits act or its administration. 5 regulations which state that the only provision with respect to industrial injuries benefit or its administration that is made by the regulations is the same or substantially the same as provision made by the instrument with respect to other benefit as defined in section 121(1) of the contributions and benefits act or its administration. 6 regulations made for the purpose only of consolidating other regulations revoked by them. 7 regulations making only provision corresponding to provision contained in regulations made by the secretary of state or the lord chancellor in relation to great britain.” in section 192(5) of the social security administration act 1992, after the entry relating to section 170 (with schedule 5) insert— “ section 171 (with schedule 6); ”. subheading 4. discrimination: certificates by secretary of state 90. effect of certificates this section applies where in any proceedings— a person claims that an act discriminated against him in contravention of section 24 or 76; and the person against whom the claim is made proposes to rely on a certificate purporting to be signed by or on behalf of the secretary of state and certifying— that an act specified in the certificate was done for the purpose of safeguarding national security or protecting public safety or public order; and that the doing of the act was justified by that purpose. the claimant may, in accordance with rules made under section 91, appeal against the certificate to the tribunal, that is to say, the tribunal established under section 91. if on an appeal under subsection (2) the tribunal determines— that the act specified in the certificate was done for the certified purpose; and that the doing of the act was justified by that purpose,the tribunal shall uphold the certificate; in any other case, the tribunal shall quash the certificate. if— the claimant does not appeal against the certificate; or the certificate is upheld on appeal, the certificate shall be conclusive evidence of the matters certified by it. in this section “act” does not include the making, confirmation or approval of a provision of subordinate legislation. 91. the tribunal there shall be a tribunal in relation to which schedule 11 shall have effect. the lord chancellor may, after consultation with the lord chief justice of northern ireland, make rules— for regulating the exercise of rights of appeal to the tribunal; for prescribing the practice and procedure to be followed on or in connection with appeals to the tribunal, including the mode and burden of proof and admissibility of evidence on such appeals; and for other matters preliminary or incidental to or arising out of such appeals. the lord chief justice may nominate any of the following to exercise his functions under subsection (2)— the holder of one of the offices listed in schedule 1 to the justice (northern ireland) act 2002; a lord justice of appeal (as defined in section 88 of that act). rules under this section may provide that— a party to any proceedings before the tribunal on an appeal; and where the secretary of state is not party to any such proceedings, the secretary of state, has the right to be legally represented in the proceedings, subject to any power conferred on the tribunal by such rules. rules under this section may, in particular— make provision enabling proceedings before the tribunal to take place without a party being given full particulars of the reasons for the issue of the certificate which is the subject of the appeal; make provision enabling the tribunal to hold proceedings in the absence of any person, including a party and any legal representative appointed by a party; make provision about the functions in proceedings before the tribunal of persons appointed under subsection (7); and make provision enabling the tribunal to give a party a summary of any evidence taken in his absence. rules under this section may also include provision— enabling any functions of the tribunal which relate to matters preliminary or incidental to an appeal to be performed by a single member of the tribunal; or conferring on the tribunal such ancillary powers as the lord chancellor thinks necessary for the purposes of the exercise of its functions. in making rules under this section, the lord chancellor shall have regard, in particular, to— the need to secure that certificates which are the subject of appeals are properly reviewed; and the need to secure that information is not disclosed contrary to the public interest. the attorney general for northern ireland may appoint a person to represent the interests of a party to proceedings before the tribunal in any proceedings from which he and any legal representative of his are excluded. a person appointed under subsection (7)— shall be a member of the bar of northern ireland; shall not be responsible to the party whose interests he represents. in this section and section 92 “party”, in relation to proceedings on appeal, means the appellant or the person proposing to rely on the certificate which is the subject of the appeal. 92. appeals from the tribunal where the tribunal has determined an appeal under section 90— any party to the appeal; or where the secretary of state was not a party to the appeal, the secretary of state, may bring a further appeal to the court of appeal in northern ireland on any question of law material to the tribunal’s determination. an appeal under this section may be brought only with the leave of the tribunal or, if such leave is refused, with the leave of the court of appeal in northern ireland. the lord chancellor may, after consultation with the lord chief justice of northern ireland, make rules regulating, and prescribing the procedure to be followed on, applications to the tribunal for leave to appeal under this section. the lord chief justice may nominate any of the following to exercise his functions under subsection (3)— the holder of one of the offices listed in schedule 1 to the justice (northern ireland) act 2002; a lord justice of appeal (as defined in section 88 of that act). rules under this section may include provision enabling an application for leave to appeal to be heard by a single member of the tribunal. subheading 5. miscellaneous 93. parliament buildings etc subject to subsection (2), property in relation to which section 31(4) of the northern ireland constitution act 1973 had effect (property held in trust for parliament of northern ireland etc.) shall on and after the commencement of this section be applied for the purposes of the assembly or such other purposes as the department of the environment (“the department”) may determine. the secretary of state may require the department to make available to him in any premises comprised in the property mentioned in subsection (1) (other than the parliament buildings at stormont) such accommodation and facilities as he may specify. the secretary of state shall in consideration of the use of any such accommodation and facilities make to the department such payments out of money provided by parliament as he and the department may agree. in so far as any of the property mentioned in subsection (1) was not immediately before the commencement of this section vested in the department it shall vest in the department at that commencement; and subsections (1) and (2) shall have effect notwithstanding anything in any deed or other instrument relating to the property to which those subsections apply. 94. land purchase annuities etc subject to subsection (2), land purchase annuities shall be collected by the department of agriculture and paid into the consolidated fund of northern ireland. a land purchase annuity may be extinguished by, or redeemed with the agreement of, the department of agriculture. the irish land purchase fund shall be wound up and the money standing to its credit shall be paid into the consolidated fund of the united kingdom. in this section “land purchase annuities” means annuities for the repayment of advances made under any enactment relating to land purchase in northern ireland. part ix. supplemental 95. savings for existing laws except so far as otherwise provided by or under this act, nothing in this act shall affect the operation in or in relation to northern ireland of any law in force on the appointed day or passed or made before that day, including in particular orders in council made under— section 69 of the government of ireland act 1920; section 1(3) of the northern ireland (temporary provisions) act 1972; section 38 or 39 of the northern ireland constitution act 1973; or schedule 1 to the northern ireland act 1974. the laws continued by section 61 of the government of ireland act 1920 shall continue to have effect to the extent provided for by that section (but with any modification necessary for adapting them to this act). no law made by the assembly shall have effect so as to prejudice or diminish the rights or privileges of any pensioned officer of a local authority under the provisions of the local government (ireland) acts 1898 to 1919. no provision of this act shall— affect the operation before the coming into force of that provision of any northern ireland legislation; or render unlawful anything required or authorised to be done by any act of parliament, whenever passed. schedule 12 (which provides for the construction of certain references in existing laws) shall have effect, but subject to any provision made by or under this act or by any act of the assembly. 95a. [repealed] 96. orders and regulations an order under section 17(4), 25, 26, 27, 31(3) or (6), 38(6), 72(2) or 74(5) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either house of parliament. an order under section 4(6), 31(2), 34(4), 35(1), 55, 69c(12), 75(3)(a) or (d) or 80 or schedule 1— shall be made by statutory instrument; and shall not be made unless a draft has been laid before and approved by resolution of each house of parliament. paragraph (b) of subsection (2) does not apply to an order under section 31(2) if the order declares that the secretary of state considers it to be expedient for the order to be made without the approval mentioned in that paragraph. an order containing a declaration under subsection (2a)— shall be laid before parliament after being made; and shall cease to have effect if it is not approved by a resolution of each house of parliament before the end of the period of 28 days beginning with the date on which it is made. subsection (2b)(b) does not prejudice the making of a new order. in calculating the period of 28 days mentioned in subsection (2b)(b), no account is to be taken of any time during which parliament is dissolved or prorogued or during which both houses are adjourned for more than four days. regulations under section 87(4) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the house of commons. an order under section 61(7)— shall be made by statutory instrument; and shall not be made unless a draft has been laid before and approved by resolution of the house of commons. regulations under section 87(5) shall be subject to negative resolution (within the meaning given by section 41(6) of the interpretation act northern ireland) 1954). rules under section 91 or 92— shall be made by statutory instrument; and shall not be made unless a draft has been laid before and approved by resolution of each house of parliament. 97. financial provision any expenditure of the secretary of state in consequence of this act shall be paid out of money provided by parliament. 98. interpretation in this act— “the appointed day” has the meaning given by section 3(1); “the assembly” has the meaning given by section 4(5); “the belfast agreement” means the agreement reached at multi-party talks on northern ireland set out in command paper 3883; “eu law” means— all rights, powers, liabilities, obligations and restrictions created or arising by or under the eu treaties; and all remedies and procedures provided for by or under those treaties; “the convention rights” has the same meaning as in the human rights act 1998; “cross-community support” has the meaning given by section 4(5); “designated nationalist” and “designated unionist” have the meanings given by section 4(5); “document” includes anything in which information is recorded in any form; “enactment” includes any provision of this act and any provision of, or of any instrument made under, northern ireland legislation; “excepted matter” has the meaning given by section 4(1); “financial year”, unless the context otherwise requires, means a year ending with 31st march; “functions” includes powers and duties, and “confer”, in relation to functions, includes impose; “international obligations” means any international obligations of the united kingdom other than obligations to observe and implement eu law or the convention rights; “minister”, unless the context otherwise requires, has the meaning given by section 7(3); “minister of the crown” includes the treasury; “modify”, in relation to an enactment, includes amend or repeal; “northern ireland” includes so much of the internal waters and territorial sea of the united kingdom as are adjacent to northern ireland; “northern ireland legislation” means— acts of the parliament of ireland; acts of the parliament of northern ireland; orders in council under section 1(3) of the northern ireland (temporary provisions) act 1972; measures of the northern ireland assembly established under section 1 of the northern ireland assembly act 1973; orders in council under schedule 1 to the northern ireland act 1974; acts of the assembly; and orders in council under section 85; “the northern ireland zone” means the sea within british fishery limits which is adjacent to northern ireland; “the pledge of office” has the meaning given by section 16c(14); “political opinion” and “religious belief” shall be construed in accordance with article 2(3) and (4) of the fair employment and treatment (northern ireland) order 1998; “proceedings”, in relation to the assembly, includes proceedings of any committee; “property” includes rights and interests of any description; “reserved matter” has the meaning given by section 4(1); “the st andrews agreement” means the agreement reached on 13 october 2006 at multi-party talks on northern ireland held at st andrews; “subordinate legislation” has the same meaning as in the interpretation act 1978 and also includes an instrument made under northern ireland legislation; “transferred matter” has the meaning given by section 4(1). for the purposes of this act, a provision of any enactment, bill or subordinate legislation deals with the matter, or each of the matters, which it affects otherwise than incidentally. for the purposes of this act, a provision of any act or bill which modifies a provision of— the agricultural wages (regulation) (northern ireland) order 1977; the employment rights (northern ireland) order 1996; or the industrial tribunals (northern ireland) order 1996, which is amended or applied by or under the national minimum wage act 1998 shall not be treated as dealing with a matter falling within the subject-matter of that act if the modification affects the national minimum wage and other employment matters in the same way. for the purposes of this act, a provision of an act of the assembly or of subordinate legislation discriminates against any person or class of persons if it treats that person or that class less favourably in any circumstances than other persons are treated in those circumstances by the law for the time being in force in northern ireland. for those purposes a person discriminates against another person or a class of persons if he treats that other person or that class less favourably in any circumstances than he treats or would treat other persons in those circumstances. no provision of an act of the assembly or of subordinate legislation, and no making, confirmation or approval of a provision of subordinate legislation, shall be treated for the purposes of this act as discriminating if the provision has the effect of safeguarding national security or protecting public safety or public order. no other act done by any person shall be treated for the purposes of this act as discriminating if— the act is done for the purpose of safeguarding national security or protecting public safety or public order; and the doing of the act is justified by that purpose. her majesty may by order in council determine, or make provision for determining, for such purposes of this act as may be specified, any boundary between— the waters or parts of the sea which are to be treated as adjacent to northern ireland; and those which are not, and may make different determinations or provisions for different purposes. no recommendation shall be made to her majesty to make an order in council under subsection (8) unless a draft of the order has been laid before and approved by resolution of each house of parliament. 99. minor and consequential amendments the enactments mentioned in schedule 13 shall have effect subject to the amendments there specified, being minor amendments and amendments consequential on the provisions of this act. 100. transitional provisions, savings and repeals the transitional provisions and savings contained in schedule 14 shall have effect; but nothing in this subsection shall be taken as prejudicing the operation of sections 16 and 17 of the interpretation act 1978 (which relate to the effect of repeals). the enactments specified in schedule 15, which include some that are spent, are hereby repealed to the extent specified in the third column of that schedule. 101. short title and commencement this act may be cited as the northern ireland act 1998. the following provisions shall come into force on the day on which this act is passed— sections 3, 55, 86, 93, 96 and 98; paragraph 20 of schedule 13 and section 99 so far as relating to that paragraph; in schedule 15, the repeal of section 31(4) to (6) of the northern ireland constitution act 1973 and section 100(2) so far as relating to that repeal; and this section. the remaining provisions of this act (except parts ii and iii) shall come into force on such day as the secretary of state may by order made by statutory instrument appoint; and different days may be appointed for different purposes. schedules schedule 1. polls for the purposes of section 1 the secretary of state may by order direct the holding of a poll for the purposes of section 1 on a date specified in the order. subject to paragraph 3, the secretary of state shall exercise the power under paragraph 1 if at any time it appears likely to him that a majority of those voting would express a wish that northern ireland should cease to be part of the united kingdom and form part of a united ireland. the secretary of state shall not make an order under paragraph 1 earlier than seven years after the holding of a previous poll under this schedule. 4 an order under this schedule directing the holding of a poll shall specify— the persons entitled to vote; and the question or questions to be asked. an order— may include any other provision about the poll which the secretary of state thinks expedient (including the creation of criminal offences); and may apply (with or without modification) any provision of, or made under, any enactment. schedule 2. excepted matters the crown, including the succession to the crown and a regency, but not— functions of the first minister and deputy first minister, the northern ireland ministers or the northern ireland departments, or functions in relation to northern ireland of any minister of the crown; property belonging to her majesty in right of the crown or belonging to a government department or held in trust for her majesty for the purposes of a government department (other than property used for the purposes of the armed forces of the crown or the ministry of defence police); the foreshore or the sea bed or subsoil or their natural resources so far as vested in her majesty in right of the crown. the parliament of the united kingdom; parliamentary elections, including the franchise; disqualifications for membership of that parliament. international relations, including relations with territories outside the united kingdom, the european union (and its institutions) and other international organisations and extradition, and international development assistance and co-operation, but not[repealed] co-operation between the police service of northern ireland and the garda síochána with respect to any of the following matters— transfers, secondments, exchanges or training of officers; communications (including liaison and information technology); joint investigations; disaster planning; the exercise of legislative powers so far as required for giving effect to any agreement or arrangement entered into— by a minister or junior minister participating, by reason of any provision of section 52a or 52b, in a meeting of the north-south ministerial council or the british-irish council; or by, or in relation to the activities of, any body established for implementing, on the basis mentioned in paragraph 11 of strand two of the belfast agreement, policies agreed in the north-south ministerial council; observing and implementing international obligations, obligations under the human rights convention and obligations under eu law. in this paragraph “the human rights convention” means the following as they have effect for the time being in relation to the united kingdom— the convention for the protection of human rights and fundamental freedoms, agreed by the council of europe at rome on 4th november 1950; and any protocols to that convention which have been ratified by the united kingdom. the defence of the realm; trading with the enemy; the armed forces of the crown but not any matter within paragraph 10 of schedule 3; war pensions; the ministry of defence police. control of nuclear, biological and chemical weapons and other weapons of mass destruction. dignities and titles of honour. treason but not powers of arrest or criminal procedure. nationality; immigration, including asylum and the status and capacity of persons in the united kingdom who are not british citizens; free movement of persons within the european economic area; issue of travel documents. the following matters— taxes or duties under any law applying to the united kingdom as a whole; stamp duty levied in northern ireland before the appointed day; and taxes or duties substantially of the same character as those mentioned in sub-paragraph (a) or (b). child trust funds. [omitted] the operation of the small charitable donations act 2012. the following matters— national insurance contributions; the control and management of the northern ireland national insurance fund and payments into and out of that fund; reductions in and deductions from national insurance contributions; national insurance rebates; payments out of public money to money purchase pension schemes; contributions equivalent premiums; rights to return to the state pension scheme. sub-paragraph (a) includes the determination, payment, collection and return of national insurance contributions and matters incidental to those matters. sub-paragraph (b) does not include payments out of the northern ireland national insurance fund which relate to— the benefits mentioned in section 143(1) of the social security administration (northern ireland) act 1992, or benefits substantially of the same character as those benefits; or administrative expenses incurred in connection with matters not falling within sub-paragraphs (a) to (g). sub-paragraphs (b) and (e) do not include payments out of or into the northern ireland national insurance fund under— section 172(1)(b), (2)(a) or (7)(c) of the pension schemes (northern ireland) act 1993; or article 202, 227, 234 or 252 of the employment rights (northern ireland) order 1996. in this paragraph “contributions equivalent premium” has the meaning given by section 51(2) of the pension schemes (northern ireland) act 1993. tax credits under part 1 of the tax credits act 2002. health in pregnancy grant, child benefit and guardian's allowance. the appointment and removal of judges of the court of judicature of northern ireland, holders of offices listed in column 1 of schedule 3 to the judicature (northern ireland) act 1978, county court judges, recorders, resident magistrates, lay magistrates, justices of the peace, members of juvenile court panels, coroners, the chief and other social security commissioners for northern ireland, the chief and other child support commissioners for northern ireland and the president and other members of the lands tribunal for northern ireland. the supreme court, but not rights of appeal to the supreme court or legal aid for appeals to the supreme court. 12 elections, including the franchise, in respect of the northern ireland assembly, the european parliament and district councils. this paragraph does not apply to— the division of local government districts into areas (“district electoral areas”) for the purposes of elections to the councils of those districts, the determination of the names of district electoral areas, or the determination of the number of councillors to be elected for a district electoral area or a local government district. the subject-matter of the political parties, elections and referendums act 2000 with the exception of part ix (political donations etc. by companies). this paragraph does not include the funding of political parties for the purpose of assisting members of the northern ireland assembly connected with such parties to perform their assembly duties. coinage, legal tender and bank notes. the national savings bank. the subject-matter of the protection of trading interests act 1980. national security (including the security service, the secret intelligence service and the government communications headquarters); special powers and other provisions for dealing with terrorism or subversion; the subject-matter of— the official secrets acts 1911 and 1920; chapter i of part i of the regulation of investigatory powers act 2000, except so far as relating to the prevention or detection of serious crime (within the meaning of that act); and the official secrets act 1989, except so far as relating to any information, document or other article protected against disclosure by section 4(2) (crime) and not by any other provision of sections 1 to 4. nuclear energy and nuclear installations, including nuclear safety, security and safeguards, and liability for nuclear occurrences, but not the subject-matter of— section 3(5) to (7) of the environmental protection act 1990 (emission limits); or the radioactive substances act 1993. regulation of sea fishing outside the northern ireland zone (except in relation to northern ireland fishing boats). in this paragraph “northern ireland fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the merchant shipping act 1995 and whose entry in the register specifies a port in northern ireland as the port to which the vessel is to be treated as belonging. regulation of activities in outer space. regulation of activities in antarctica (which for these purposes has the meaning given by section 1 of the antarctic act 1994). any matter with which a provision of the northern ireland constitution act 1973, other than section 36(1)(c), solely or mainly deals. any matter with which a provision of this act falling within the following sub-paragraphs solely or mainly deals— parts i and ii; part iii except sections 19, 20, 22, 23(2) to (4) f16, 28, 28a, 28b, 28d and 28e; part iv except sections 40, 43, 44(8) and 50 and schedule 5; in part v, sections [f1752a to 52c]f17 and 54; part vi except sections 57(1) and 67; in part vii, sections 69b, 71(1) and (2) and (3) to (5), 74(5) and (6), 76 and 78; in part viii, sections 79 to 83 and schedule 10. this paragraph does not apply to— any matter in respect of which it is stated by this act that provision may be made by act of the assembly; any matter to which a description specified in this schedule or schedule 3 is stated not to apply; or any matter falling within a description specified in schedule 3. schedule 3. reserved matters the conferral of functions in relation to northern ireland on any minister of the crown. property belonging to her majesty in right of the crown or belonging to a department of the government of the united kingdom or held in trust for her majesty for the purposes of such a department (other than property used for the purposes of the armed forces of the crown or the ministry of defence police). navigation, including merchant shipping, but not harbours or inland waters. civil aviation but not aerodromes. the foreshore and the sea bed and subsoil and their natural resources (except so far as affecting harbours); submarine pipe-lines; submarine cables, including any land line used solely for the purpose of connecting one submarine cable with another. domicile. the subject-matter of the postal services act 2000. this paragraph does not include financial assistance for the provision of services (other than postal services and services relating to postal or money orders) to be provided from public post offices. in this paragraph “postal services” and “public post offices” have the same meanings as in the postal services act 2000. the alteration of the number of members of the assembly returned for each constituency. this paragraph does not include— the alteration of that number to a number lower than five or higher than six, or the provision of different numbers for different constituencies. disqualification for membership of the assembly; privileges, powers and immunities of the assembly, its members and committees greater than those conferred by section 50. 9 the following matters— the subject-matter of the following provisions of the regulation of investigatory powers act 2000(2)— chapter 1 of part 1, so far as relating to the prevention or detection of serious crime (within the meaning of that act), and so far as relating to the prevention or detection of crime (within the meaning of that act) or the prevention of disorder— chapter 2 of part 1, and parts 2 and 3; in relation to the prevention or detection of crime, the subject-matter of part 3 of the police act 1997(3); the operation of— sections 21 to 40 of, and schedules 3 and 4 to, the justice and security (northern ireland) act 2007(4), and section 102 of, and schedule 12 to, the terrorism act 2000(5); in relation to terrorism, the exercise of the royal prerogative of mercy; the operation of sections 1 to 8 of, and schedule 1 to, the justice and security (northern ireland) act 2007 and the operation of part 1 of the criminal procedure and investigations act 1996(6) where a certificate under section 1 of the 2007 act has been issued; in relation to the regulation of drugs or other substances through the criminal law (including offences, exceptions to offences, penalties, powers of arrest and detention, prosecutions and the treatment of offenders) or otherwise in relation to the prevention or detection of crime— the subject-matter of the misuse of drugs act 1971(7); the subject-matter of sections 12 and 13 of the criminal justice (international co-operation) act 1990(8); the national crime agency; in relation to prisons, the accommodation of persons in separated conditions on the grounds of security, safety or good order. in sub-paragraph (1)(h) “prisons” includes any institution for the detention of persons because of their involvement, or suspected involvement, in crime. this paragraph does not include any excepted matters or any matter within paragraph 10 of this schedule. [omitted] 10 the subject-matter of the public processions (northern ireland) act 1998(1). in relation to the maintenance of public order, the armed forces of the crown (including the conferring of powers, authorities, privileges or immunities on members of the armed forces for the purposes of the maintenance of public order). this paragraph does not include any matter within paragraph 17 of schedule 2. the operation of the temporary provisions, as defined in section 47 of the police (northern ireland) act 2000(1). [omitted] 12 items for the time being specified in article 45(1) or (2) of the firearms (northern ireland) order 2004(1); and the subject-matter of article 45(10) of that order. the security of explosives, including— the prevention of loss or theft of explosives, the prevention of the use of explosives for wrongful purposes, and the detection, identification and traceability of explosives. this sub-paragraph does not include the security of fireworks, or the licensing of shotfirers, or the subject-matter of section 2 of the explosives act (northern ireland) 1970(2). civil defence. the subject-matter of part 2 of the civil contingencies act 2004. [omitted] [omitted] [omitted] the civil service commissioners for northern ireland. [omitted] the subject-matter of sections 149 to 151 of and schedules 5 and 5a to the social security administration (northern ireland) act 1992 (social security advisory committee and industrial injuries advisory council). the subject-matter of the vaccine damage payment scheme. import and export controls and trade with any place outside the united kingdom but not— the furtherance of the trade of northern ireland or the protection of traders in northern ireland against fraud; services in connection with, or the regulation of, the quality, insurance, transport, marketing or identification of agricultural or food products, including livestock; the prevention of disease or the control of weeds and pests; aerodromes and harbours; any matter within paragraph 4 of schedule 2. the subject-matter of the national minimum wage act 1998. the subject-matter of the following provisions of the pension schemes act 1993— section 6(1), (2)(a)(i), (iii) and (iv) and (b), (3), (4) and (8) (registration of occupational and personal pension schemes); section 145 (pensions ombudsman). the following matters— financial services, including investment business, banking and deposit-taking, collective investment schemes and insurance; financial markets, including listing and public offers of securities and investments, transfer of securities and insider dealing. this paragraph does not include the subject-matter of— the industrial and provident societies act northern ireland) 1969; the credit unions (northern ireland) order 1985; the companies (northern ireland) order 1986; the insolvency (northern ireland) order 1989; the companies (northern ireland) order 1990; the companies (no.2) (northern ireland) order 1990; the open-ended investment companies (investment companies with variable capital) regulations (northern ireland) 1997. the subject-matter of— the building societies act 1986; the friendly societies act 1992. the subject-matter of the money laundering regulations 2007, but in relation to any type of business. the subject-matter of the transfer of funds (information on the payer) regulations 2007, but in relation to any type of business. regulation of anti-competitive practices and agreements; abuse of dominant position; monopolies and mergers. intellectual property but not the subject-matter of parts i and ii of the plant varieties act 1997 (plant varieties and the plant varieties and seeds tribunal). units of measurement and united kingdom primary standards. telecommunications; wireless telegraphy; the provision of programme services (within the meaning of the broadcasting act 1990); internet services; electronic encryption; the subject matter of part ii of the wireless telegraphy act 1949 (electromagnetic disturbance). the national lottery (except in so far as any matter within schedule 2 is concerned). xenotransplantation. surrogacy arrangements, within the meaning of the surrogacy arrangements act 1985, including the subject-matter of that act. the subject-matter of the human fertilisation and embryology act 1990. human genetics. research councils within the meaning of the science and technology act 1965. the arts and humanities research council (as defined by section 1 of the higher education act 2004). areas in which industry may qualify for assistance under part iii of the industrial development act 1982. consumer safety in relation to goods. technical standards and requirements in relation to products in pursuance of an obligation under eu law but not standards and requirements in relation to food, agricultural or horticultural produce, fish or fish products, seeds, animal feeding stuffs, fertilisers or pesticides. the subject-matter of section 3(5) to (7) of the environmental protection act 1990 (emission limits); the environmental protection technology scheme for research and development in the united kingdom. the subject-matter of— the data protection act 1984; the data protection act 1998; and council directive 95/46/ec (protection of individuals with regard to the processing of personal data and free movement of such data). oaths and declarations (including all undertakings and affirmations, by whatever name) other than those within section 77(3). 41a the division of local government districts into areas (“district electoral areas”) for the purposes of elections to the councils of those districts. the determination of the names of district electoral areas. the determination of the number of councillors to be elected for a district electoral area or a local government district. any matter with which a provision of this act falling within the following sub-paragraphs solely or mainly deals— in part iii, sections 19, 20, 28, 28a and 28b; in part vii, sections 68 to 69a, 69c to 70, 71(2a) to (2c) and schedule 7; in part vii, sections 73, 74(3) and (4), 75 and 77(1), (2) and (4) to (8) and schedules 8 and 9; in part viii, sections 90 to 93 and schedule 11. this paragraph does not apply to— any matter in respect of which it is stated by this act that provision may be made by act of the assembly; or any matter to which a description specified in this schedule or schedule 2 is stated not to apply. schedules 4-9. [schedules 4-9 omitted due to lenghth full text of schedules can be found online at http://www.legislation.gov.uk/ukpga/1998/47/schedules] schedule 10. devolution issues part 1. preliminary in this schedule “devolution issue” means— a question whether any provision of an act of the assembly is within the legislative competence of the assembly; a question whether a purported or proposed exercise of a function by a minister or northern ireland department is, or would be, invalid by reason of section 24; a question whether a minister or northern ireland department has failed to comply with any of the convention rights, any obligation under eu law or any order under section 27 so far as relating to such an obligation; or any question arising under this act about excepted or reserved matters. a devolution issue shall not be taken to arise in any proceedings merely because of any contention of a party to the proceedings which appears to the court or tribunal before which the proceedings take place to be frivolous or vexatious. part 2. proceedings in northern ireland subheading 1. application of part ii this part of this schedule applies in relation to devolution issues in proceedings in northern ireland. subheading 2. institution of proceedings 4 proceedings for the determination of a devolution issue may be instituted or defended by the attorney general or the attorney general for northern ireland. the first minister and the deputy first minister acting jointly may defend any such proceedings. this paragraph is without prejudice to any power to institute or defend proceedings exercisable apart from this paragraph by any person. subheading 3. notice of devolution issue a court or tribunal shall order notice of any devolution issue which arises in any proceedings before it to be given to the attorney general, the attorney general for northern ireland, the first minister and the deputy first minister (unless the person to whom the notice would be given is a party to the proceedings). a person to whom notice is given in pursuance of paragraph 5 or, where such notice is given to the first minister and the deputy first minister, those ministers acting jointly may take part as a party in the proceedings, so far as they relate to a devolution issue. subheading 4. reference of devolution issue to court of appeal a court, other than the supreme court or the court of appeal in northern ireland, may refer any devolution issue which arises in any proceedings before it to the court of appeal in northern ireland. a tribunal from which there is no appeal shall refer any devolution issue which arises in any proceedings before it to the court of appeal in northern ireland; and any other tribunal may make such a reference. subheading 5. references from court of appeal to supreme court the court of appeal in northern ireland may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 7 or 8) to the supreme court. subheading 6. appeals from court of appeal to supreme court an appeal against a determination of a devolution issue by the court of appeal in northern ireland on a reference under paragraph 7 or 8 shall lie to the supreme court, but only with permission of the court of appeal in northern ireland or, failing such permission, with permission of the supreme court. part 3. proceedings in england and wales subheading 1. application of part iii this part of this schedule applies in relation to devolution issues in proceedings in england and wales. subheading 2. institution of proceedings 12 proceedings for the determination of a devolution issue may be instituted or defended by the attorney general. the attorney general for northern ireland or the first minister and the deputy first minister acting jointly may defend any such proceedings. this paragraph is without prejudice to any power to institute or defend proceedings exercisable apart from this paragraph by any person. subheading 3. notice of devolution issue a court or tribunal shall order notice of any devolution issue which arises in any proceedings before it to be given to the attorney general, the attorney general for northern ireland, the first minister and the deputy first minister (unless the person to whom the notice would be given is a party to the proceedings). a person to whom notice is given in pursuance of paragraph 13 or, where such notice is given to the first minister and the deputy first minister, those ministers acting jointly may take part as a party in the proceedings, so far as they relate to a devolution issue. subheading 4. reference of devolution issue to high court or court of appeal a magistrates’ court may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the high court. 16 a court may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the court of appeal. sub-paragraph (1) does not apply to— a magistrates’ court, the court of appeal or the supreme court; or the high court if the devolution issue arises in proceedings on a reference under paragraph 15. a tribunal from which there is no appeal shall refer any devolution issue which arises in proceedings before it to the court of appeal; and any other tribunal may make such a reference. a court, other than the supreme court or the court of appeal, may refer any devolution issue which arises in criminal proceedings before it to— the high court (if the proceedings are summary proceedings); or the court of appeal (if the proceedings are proceedings on indictment). subheading 5. references from court of appeal to supreme court the court of appeal may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 16, 17 or 18) to the supreme court. subheading 6. appeals from superior courts to supreme court an appeal against a determination of a devolution issue by the high court or the court of appeal on a reference under paragraph 15, 16, 17 or 18 shall lie to the supreme court, but only with permission of the high court or the court of appeal or, failing such permission, with permission of the supreme court. part 4. proceedings in scotland subheading 1. application of part iv this part of this schedule applies in relation to devolution issues in proceedings in scotland. subheading 2. institution of proceedings 22 proceedings for the determination of a devolution issue may be instituted or defended by the advocate general for scotland. the attorney general for northern ireland or the first minister and the deputy first minister acting jointly may defend any such proceedings. this paragraph is without prejudice to any power to institute or defend proceedings exercisable apart from this paragraph by any person. subheading 3. intimation of devolution issue intimation of any devolution issue which arises in any proceedings before a court or tribunal shall be given to the advocate general for scotland, the attorney general for northern ireland, the first minister and the deputy first minister (unless the person to whom the intimation would be given is a party to the proceedings). a person to whom intimation is given in pursuance of paragraph 23 or, where such intimation is given to the first minister and the deputy first minister, those ministers acting jointly may take part as a party in the proceedings, so far as they relate to a devolution issue. subheading 4. reference of devolution issue to higher court a court, other than the supreme court or any court consisting of three or more judges of the court of session, may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the inner house of the court of session. a tribunal from which there is no appeal shall refer any devolution issue which arises in proceedings before it to the inner house of the court of session; and any other tribunal may make such a reference. a court, other than any court consisting of two or more judges of the high court of justiciary, may refer any devolution issue which arises in criminal proceedings before it to the high court of justiciary. subheading 5. references from superior courts to supreme court any court consisting of three or more judges of the court of session may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 25 or 26) to the supreme court. any court consisting of two or more judges of the high court of justiciary may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 27) to the supreme court. subheading 6. appeals from superior courts to supreme court an appeal against a determination of a devolution issue by the inner house of the court of session on a reference under paragraph 25 or 26 shall lie to the supreme court. an appeal against a determination of a devolution issue by— a court of two or more judges of the high court of justiciary (whether in the ordinary course of proceedings or on a reference under paragraph 27); or a court of three or more judges of the court of session from which there is no appeal to the supreme court apart from this paragraph, shall lie to the supreme court, but only with permission of the court concerned or, failing such permission, with permission of the supreme court. part 5. general subheading 1 [repealed] [repealed] subheading 2. direct references to supreme court the attorney general, the attorney general for northern ireland, the first minister and the deputy first minister acting jointly or the advocate general for scotland may require any court or tribunal to refer to the supreme court any devolution issue which has arisen in proceedings before it to which he is or they are a party. the attorney general, the attorney general for northern ireland, the first minister and the deputy first minister acting jointly or the advocate general for scotland may refer to the supreme court any devolution issue which is not the subject of proceedings. 35 this paragraph applies where a reference is made under paragraph 34 in relation to a devolution issue which relates to the proposed exercise of a function by a northern ireland minister or department. the person making the reference shall notify the northern ireland minister or department of that fact. no northern ireland minister or department shall exercise the function in the manner proposed during the period beginning with the receipt of the notification under sub-paragraph (2) and ending with the reference being decided or otherwise disposed of. proceedings relating to any possible failure by a northern ireland minister or department to comply with sub-paragraph (3) may be instituted by the attorney general for northern ireland. sub-paragraph (4) is without prejudice to any power to institute proceedings exercisable apart from that sub-paragraph by any person. subheading 3. delegation by first ministers the first minister and the deputy first minister acting jointly may determine that a minister or northern ireland department specified in the determination may exercise on their behalf, in relation to any proceedings under this schedule so specified, any power conferred on them by this schedule. subheading 4. expenses 37 a court or tribunal before which any proceedings take place may take account of any additional expense of the kind mentioned in sub-paragraph (3) in deciding any question as to costs or expenses. in deciding any such question, the court or tribunal may award the whole or part of the additional expense as costs or expenses to the party who incurred it (whatever the decision on the devolution issue). the additional expense is any additional expense which the court or tribunal considers that any party to the proceedings has incurred as a result of the participation of any person in pursuance of paragraph 6, 14 or 24. subheading 5. procedure of courts and tribunals any power to make provision for regulating the procedure before any court or tribunal shall include power to make provision for the purposes of this schedule including, in particular, provision— for prescribing the stage in the proceedings at which a devolution issue is to be raised or referred; for the staying or sisting of proceedings for the purpose of any proceedings under this schedule; and for determining the manner in which and the time within which any notice or intimation is to be given. subheading 6. bail and legal aid in criminal proceedings 39 sub-paragraph (3) applies where a devolution issue arises in proceedings against a person (“the defendant”) for an offence and the issue is referred to the court of appeal in northern ireland under paragraph 7. sub-paragraphs (3) and (4) apply where such an issue arises in such proceedings and— the issue is referred by the court of appeal to the supreme court under paragraph 9 or 33; or the issue is determined by the court of appeal under paragraph 7 and— an appeal to the supreme court against the determination is brought under paragraph 10; or an application for leave to bring such an appeal is made to the court of appeal under that paragraph. the court of appeal may, if it thinks fit, on the application of the defendant, admit him to bail pending the determination of the reference, appeal or application. the court of appeal may at any time when it appears to the court of appeal— that it is desirable in the interests of justice that the defendant should have legal aid; and that he has not sufficient means to obtain that aid, assign to him a solicitor and counsel, or counsel only, in the reference, appeal or application. if, on a question of granting a person free legal aid under sub-paragraph (4), there is a doubt— whether it is desirable in the interests of justice that he should have legal aid; or whether he has sufficient means to obtain that aid, the doubt shall be resolved in favour of granting him free legal aid. the fees of any counsel, and the expenses and fees of any solicitor, assigned to a person under sub-paragraph (4) shall be defrayed, up to an amount allowed by the master (taxing office), by the lord chancellor. where a devolution issue arises as mentioned in sub-paragraph (1) of paragraph 39 and— the issue is referred to the supreme court under paragraph 9 or 33; or the issue is determined by the court of appeal in northern ireland under paragraph 7 and— an appeal to the supreme court against the determination is brought under paragraph 10; or an application for special leave to bring such an appeal is made to the supreme court under that paragraph, sub-paragraphs (3) to (6) of paragraph 39 shall apply as if the references to the court of appeal were references to the supreme court. subheading 7. interpretation any duty or power conferred by this schedule to refer a devolution issue to a court shall be construed as a duty or power to refer the issue to the court for decision. schedules 11-15. [schedules 11-15 omitted due to lenghth full text of schedules can be found online at http://www.legislation.gov.uk/ukpga/1998/47/schedules] scotland act 1998 preamble an act to provide for the establishment of a scottish parliament and administration and other changes in the government of scotland; to provide for changes in the constitution and functions of certain public authorities; to provide for the variation of the basic rate of income tax in relation to income of scottish taxpayers in accordance with a resolution of the scottish parliament; to amend the law about parliamentary constituencies in scotland; and for connected purposes. [19th november 1998] be it enacted by the queen’s most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, as follows:— part i. the scottish parliament subheading 1. the scottish parliament 1. the scottish parliament there shall be a scottish parliament. one member of the parliament shall be returned for each constituency (under the simple majority system) at an election held in the constituency. members of the parliament for each region shall be returned at a general election under the additional member system of proportional representation provided for in this part and vacancies among such members shall be filled in accordance with this part. the validity of any proceedings of the parliament is not affected by any vacancy in its membership. schedule 1 (which makes provision for the constituencies and regions for the purposes of this act and the number of regional members) shall have effect. subheading 2. general elections 2. ordinary general elections the day on which the poll at the first ordinary general election for membership of the parliament shall be held, and the day, time and place for the meeting of the parliament following that poll, shall be appointed by order made by the secretary of state. the poll at subsequent ordinary general elections shall be held on the first thursday in may in the fourth calendar year following that in which the previous ordinary general election was held, unless the day of the poll is determined by a proclamation under subsection (5). if the poll is to be held on the first thursday in may, the parliament— is dissolved by virtue of this section at the beginning of the minimum period which ends with that day, and shall meet within the period of seven days beginning immediately after the day of the poll. in subsection (3), “the minimum period” means the period determined in accordance with an order under section 12(1). if the presiding officer proposes a day for the holding of the poll which is not more than one month earlier, nor more than one month later, than the first thursday in may, her majesty may by proclamation under the scottish seal— dissolve the parliament, require the poll at the election to be held on the day proposed, and require the parliament to meet within the period of seven days beginning immediately after the day of the poll. in this act “the scottish seal” means her majesty’s seal appointed by the treaty of union to be kept and used in scotland in place of the great seal of scotland. 3. extraordinary general elections the presiding officer shall propose a day for the holding of a poll if— the parliament resolves that it should be dissolved and, if the resolution is passed on a division, the number of members voting in favour of it is not less than two-thirds of the total number of seats for members of the parliament, or any period during which the parliament is required under section 46 to nominate one of its members for appointment as first minister ends without such a nomination being made. if the presiding officer makes such a proposal, her majesty may by proclamation under the scottish seal— dissolve the parliament and require an extraordinary general election to be held, require the poll at the election to be held on the day proposed, and require the parliament to meet within the period of seven days beginning immediately after the day of the poll. if a poll is held under this section within the period of six months ending with the day on which the poll at the next ordinary general election would be held (disregarding section 2(5)), that ordinary general election shall not be held. subsection (3) does not affect the year in which the subsequent ordinary general election is to be held. 4. calculating time for meeting of the parliament in calculating any period of days for the purposes of section 2(3)(b) or (5)(c) or section 3(2)(c), saturday, sunday, christmas eve, christmas day, good friday, a bank holiday in scotland or a day appointed for public thanksgiving or mourning shall be disregarded. 5. candidates at a general election, the candidates may stand for return as constituency members or regional members. a person may not be a candidate to be a constituency member for more than one constituency. the candidates to be regional members shall be those included in a list submitted under subsection (4) or individual candidates. any registered political party may submit to the regional returning officer a list of candidates to be regional members for a particular region (referred to in this act, in relation to the region, as the party’s “regional list”). a registered political party’s regional list has effect in relation to the general election and any vacancy occurring among the regional members after that election and before the next general election. not more than twelve persons may be included in the list (but the list may include only one person). a registered political party’s regional list must not include a person— who is included in any other list submitted under subsection (4) for the region or any list submitted under that subsection for another region, who is an individual candidate to be a regional member for the region or another region, who is a candidate to be a constituency member for a constituency not included in the region, or who is a candidate to be a constituency member for a constituency included in the region but is not a candidate of that party. a person may not be an individual candidate to be a regional member for a particular region if he is— included in a list submitted under subsection (4) for the region or another region, an individual candidate to be a regional member for another region, a candidate to be a constituency member for a constituency not included in the region, or a candidate of any registered political party to be a constituency member for a constituency included in the region. in this act, “registered political party” means a party registered under part ii of the political parties, elections and referendums act 2000. 6. poll for regional members this section and sections 7 and 8 are about the return of regional members at a general election. in each of the constituencies for the parliament, a poll shall be held at which each person entitled to vote as elector may give a vote (referred to in this act as a “regional vote”) for— a registered political party which has submitted a regional list, or an individual candidate to be a regional member for the region. the right conferred on a person by subsection (2) is in addition to any right the person may have to vote in any poll for the return of a constituency member. 7. calculation of regional figures the persons who are to be returned as constituency members for constituencies included in the region must be determined before the persons who are to be returned as the regional members for the region. for each registered political party which has submitted a regional list, the regional figure for the purposes of section 8 is— the total number of regional votes given for the party in all the constituencies included in the region,divided by the aggregate of one plus the number of candidates of the party returned as constituency members for any of those constituencies. each time a seat is allocated to the party under section 8, that figure shall be recalculated by increasing (or further increasing) the aggregate in subsection (2)(b) by one. for each individual candidate to be a regional member for the region, the regional figure for the purposes of section 8 is the total number of regional votes given for him in all the constituencies included in the region. 8. allocation of seats to regional members the first regional member seat shall be allocated to the registered political party or individual candidate with the highest regional figure. the second and subsequent regional member seats shall be allocated to the registered political party or individual candidate with the highest regional figure, after any recalculation required by section 7(3) has been carried out. an individual candidate already returned as a constituency or regional member shall be disregarded. seats for the region which are allocated to a registered political party shall be filled by the persons in the party’s regional list in the order in which they appear in the list. for the purposes of this section and section 10, a person in a registered political party’s regional list who is returned as a member of the parliament shall be treated as ceasing to be in the list (even if his return is void). once a party’s regional list has been exhausted (by the return of persons included in it as constituency members or by the previous application of subsection (1) or (2)) the party shall be disregarded. if (on the application of subsection (1) or any application of subsection (2)) the highest regional figure is the regional figure of two or more parties or individual candidates, the subsection in question shall apply to each of them; or if paragraph (a) would result in more than the correct number of seats for the region being allocated, the subsection in question shall apply as if the regional figure for each of those parties or candidates had been adjusted in accordance with subsection (8). the regional figure for a party or candidate is adjusted in accordance with this subsection by— adding one vote to the total number of regional votes given for the party or candidate in all the constituencies included in the region; and (in the case of a party) recalculating the regional figure accordingly. if, on the application of the subsection in question in accordance with subsection (7)(b), seats would be allocated to two or more parties or individual candidates and that would result in more than the correct number of seats for the region being allocated, the regional returning officer shall decide between them by lot. subheading 3. vacancies 9. constituency vacancies where the seat of a constituency member is vacant, an election shall be held to fill the vacancy (subject to subsection (4)). the date of the poll shall be fixed by the presiding officer. the date shall fall within the period of three months— beginning with the occurrence of the vacancy, or if the vacancy does not come to the notice of the presiding officer within the period of one month beginning with its occurrence, beginning when it does come to his notice. the election shall not be held if the latest date for holding the poll would fall within the period of three months ending with the day on which the poll at the next ordinary general election would be held (disregarding section 2(5)). for the purposes of this section, the date on which a vacancy is to be treated as occurring shall be determined under standing orders. a person may not be a candidate at such an election if he is a member of the parliament or a candidate in another election to fill a vacancy. 10. regional vacancies this section applies where the seat of a regional member is vacant. if the regional member was returned as an individual candidate, or the vacancy is not filled in accordance with the following provisions, the seat shall remain vacant until the next general election. if the regional member was returned (under section 8 or this section) from a registered political party’s regional list, the regional returning officer shall notify the presiding officer of the name of the person who is to fill the vacancy. the regional returning officer shall ascertain from that party's regional list the name and address of the person whose name appears highest on that list (“the first choice”) and shall take such steps as appear to him to be reasonable to contact the first choice to ask whether he will— state in writing that he is willing and able to serve as a regional member for that region; and deliver a certificate signed by or on behalf of the nominating officer of the registered party which submitted that regional list stating that the first choice may be returned as a regional member from that list. where— within such period as the regional returning officer considers reasonable— he decides that the steps he has taken to contact the first choice have been unsuccessful; or he has not received from that person the statement and certificate referred to in subsection (4); or the first choice has— stated in writing that he is not willing to serve as a regional member for that region; or failed to deliver the certificate referred to in subsection (4)(b), the regional returning officer shall repeat the procedure required by subsection (4) in respect of the person (if any) whose name appears next in that list (“the second choice”) or, where paragraph (a) or (b) of this subsection applies in respect of that person, in respect of the person (if any) whose name appears next highest after the second choice in that list; and the regional returning officer shall continue to repeat the procedure until the regional returning officer has notified the presiding officer of the name of the person who is to fill the vacancy or the names in the list are exhausted. where a person whose name appears on that list provides the statement and certificate referred to in subsection (4), the regional returning officer shall notify to the presiding officer the name of that person. where— under subsection (4a), the regional returning officer has asked the second choice or a subsequent choice the questions referred to in subsection (4); and the person who was asked those questions on an earlier occasion then provides the statement and certificate referred to in that subsection, that statement and certificate shall have no effect unless and until the circumstances described in paragraph (a) or (b) of subsection (4a) apply in respect of the second choice or, as the case may be, of the subsequent choice. where a person’s name has been notified under subsection (3), this act shall apply as if he had been declared to be returned as a regional member for the region on the day on which notification of his name was received by the presiding officer. for the purposes of this section, the date on which a vacancy is to be treated as occurring shall be determined under standing orders. subheading 4. franchise and conduct of elections 11. electors the persons entitled to vote as electors at an election for membership of the parliament held in any constituency are those who on the day of the poll— would be entitled to vote as electors at a local government election in an electoral area falling wholly or partly within the constituency, and are registered in the register of local government electors at an address within the constituency. a person is not entitled to vote as elector in any constituency— more than once at a poll for the return of a constituency member, or more than once at a poll for the return of regional members, or to vote as elector in more than one constituency at a general election. 12. power of the scottish ministers to make provision about elections the scottish ministers may by order make provision as to— the conduct of elections for membership of the parliament, and the questioning of such an election and the consequences of irregularities, [omitted] the provision that may be made under subsection (1)(a) does not include provision that may be made by the secretary of state under section 12a but, subject to that, includes, in particular, provision— about supplying or otherwise dealing with a register of electors, [omitted] about the limitation of the election expenses of candidates, and for the combination of polls at elections for membership of the parliament with polls at other elections, if the conduct of the other election falls within the legislative competence of the parliament. [omitted] [omitted] [omitted] an order under subsection (1) may— apply, with or without modifications or exceptions, any provision made by or under the representation of the people acts or the european parliamentary elections act 2002 or by any other enactment relating to parliamentary elections, european parliamentary elections or local government elections, [omitted] [omitted] the return of a member of the parliament at an election may be questioned only under part iii of the representation of the people act 1983 as applied by an order under subsection (1). for the purposes of this act, the regional returning officer for any region is the person designated as such in accordance with an order made by the scottish ministers under this subsection. before making an order under this section the scottish ministers must consult the secretary of state. 12a. power of the secretary of state to make provision about elections the secretary of state may by regulations make provision— about the registration of electors, for modifying the application of section 7(1) where the poll at an election for the return of a constituency member is abandoned (or notice of it is countermanded), for modifying section 8(7) to ensure the allocation of the correct number of seats for the region, and as to the return of members of the parliament otherwise than at an election. the provision that may be made under subsection (1)(a) includes— provision for disregarding alterations in a register of electors, and other provision about, or for purposes connected with, the content of a register or the effect of registration, but subject to that it does not include provision about supplying or otherwise dealing with a register. the provision that may be made under subsection (1)(d) includes, in particular, provision modifying section 10(4) and (5). regulations under subsection (1) may— apply, with or without modifications or exceptions, any provision made by or under the representation of the people acts or the european parliamentary elections act 2002 or by any other enactment relating to parliamentary elections, european parliamentary elections or local government elections, and so far as may be necessary in consequence of any provision made by this act or regulations under subsection (1), modify any provision made by any enactment relating to the registration of parliamentary electors or local government electors. before making regulations under this section the secretary of state must consult the scottish ministers. subheading 5. duration of membership 13. term of office of members the term of office of a member of the parliament begins on the day on which the member is declared to be returned and ends with the dissolution of the parliament. 14. resignation of members a member of the parliament may at any time resign his seat by giving notice in writing to the presiding officer. subheading 6. disqualification 15. disqualification from membership of the parliament a person is disqualified from being a member of the parliament (subject to section 16) if— he is disqualified from being a member of the house of commons under paragraphs (a) to (e) of section 1(1) of the house of commons disqualification act 1975 (judges, civil servants, members of the armed forces, members of police forces and members of foreign legislatures), he is disqualified otherwise than under that act (either generally or in relation to a particular parliamentary constituency) from being a member of the house of commons or from sitting and voting in it, [repealed] he is an office-holder of a description specified in an order in council made by her majesty under this subsection. an office-holder of a description specified in an order in council made by her majesty under this subsection is disqualified from being a member of the parliament for any constituency or region of a description specified in the order in relation to the office-holder. in this section “office-holder” includes employee or other post-holder. 16. exceptions and relief from disqualification a person is not disqualified from being a member of the parliament merely because— he is a peer (whether of the united kingdom, great britain, england or scotland), or he is a lord spiritual. a citizen of the european union who is resident in the united kingdom is not disqualified from being a member of the parliament merely because of section 3 of the act of settlement (disqualification of persons born outside the united kingdom other than certain commonwealth citizens and citizens of the republic of ireland). subsection (4) applies where a person was, or is alleged to have been, disqualified from being a member of the parliament (either generally or in relation to a particular constituency or region) on any ground other than one falling within section 15(1)(b). the parliament may resolve to disregard any disqualification incurred by that person on the ground in question if it considers that— the ground has been removed, and it is proper to disregard any disqualification so incurred. a resolution under this section shall not— affect any proceedings under part iii of the representation of the people act 1983 as applied by an order under section 12, or enable the parliament to disregard any disqualification which has been established in such proceedings or in proceedings under section 18. 17. effect of disqualification if a person who is disqualified from being a member of the parliament or from being a member for a particular constituency or region is returned as a member of the parliament or (as the case may be) as a member for the constituency or region, his return shall be void and his seat vacant. if a member of the parliament becomes disqualified from being a member of the parliament or from being a member for the particular constituency or region for which he is sitting, he shall cease to be a member of the parliament (so that his seat is vacant). subsections (1) and (2) have effect subject to any resolution of the parliament under section 16. subsection (2) also has effect subject to section 427 of the insolvency act 1986 (sequestration etc); and where, in consequence of that section, the seat of a disqualified member of the parliament is not vacant he shall not cease to be a member of the parliament until his seat becomes vacant but— he shall not participate in any proceedings of the parliament, and any of his other rights and privileges as a member of the parliament may be withdrawn by a resolution of the parliament. the validity of any proceedings of the parliament is not affected by the disqualification of any person from being a member of the parliament or from being a member for the constituency or region for which he purports to sit. 18. judicial proceedings as to disqualification any person who claims that a person purporting to be a member of the parliament is disqualified or has been disqualified at any time since being returned may apply to the court of session for a declarator to that effect. an application in respect of any person may be made whether the grounds on which it is made are alleged to have subsisted when the person was returned or to have arisen subsequently. no declarator shall be made— on grounds which subsisted when the person was returned, if an election petition is pending or has been tried in which the disqualification on those grounds of the person concerned is or was in issue, or on any ground, if a resolution under section 16 requires that any disqualification incurred on that ground by the person concerned is to be disregarded. the person in respect of whom an application is made shall be the defender. the applicant shall give such caution for the expenses of the proceedings as the court of session may direct; but any such caution shall not exceed £5,000 or such other sum as the scottish ministers may by order specify. the decision of the court on an application under this section shall be final. in this section “disqualified” means disqualified from being a member of the parliament or from being a member for the constituency or region for which the person concerned purports to sit. subheading 7. presiding officer and administration 19. presiding officer the parliament shall, following a general election, elect from among its members a presiding officer and two deputies. the parliament must do so— before it conducts any other proceedings, except the taking by its members of the oath of allegiance (see section 84), and in any event, within the period of 14 days beginning immediately after the day of the poll at the election. the parliament may, at any time, elect from among its members one or more additional deputies. a person elected presiding officer or deputy shall hold office until the conclusion of the next election for presiding officer under subsection (1) unless he previously resigns, ceases to be a member of the parliament otherwise than by virtue of a dissolution or is removed from office by resolution of the parliament. but standing orders may make provision for additional deputies to hold office for a shorter time than provided by subsection (2). if the presiding officer or a deputy elected under subsection (1) ceases to hold office before the parliament is dissolved, the parliament shall elect another from among its members to fill his place. the presiding officer’s functions may be exercised by a deputy if the office of presiding officer is vacant or the presiding officer is for any reason unable to act. the presiding officer may (subject to standing orders) authorise any deputy to exercise functions on his behalf. standing orders may include provision as to the participation (including voting) of the presiding officer and deputies in the proceedings of the parliament. the validity of any act of the presiding officer or a deputy is not affected by any defect in his election. 20. clerk of the parliament there shall be a clerk of the parliament. the clerk shall be appointed by the scottish parliamentary corporate body (established under section 21). the clerk’s functions may be exercised by any assistant clerk if the office of clerk is vacant or the clerk is for any reason unable to act. the clerk may authorise any assistant clerk or other member of the staff of the parliament to exercise functions on his behalf. 21. scottish parliamentary corporate body there shall be a body corporate to be known as “the scottish parliamentary corporate body” (referred to in this act as the parliamentary corporation) to perform the functions conferred on the corporation by virtue of this act or any other enactment. the members of the corporation shall be— the presiding officer, and at least four members of the parliament appointed in accordance with standing orders. the corporation shall provide the parliament, or ensure that the parliament is provided, with the property, staff and services required for the parliament’s purposes. the parliament may give special or general directions to the corporation for the purpose of or in connection with the exercise of the corporation’s functions. any property or liabilities acquired or incurred in relation to matters within the general responsibility of the corporation to which (apart from this subsection) the parliament would be entitled or subject shall be treated for all purposes as property or (as the case may be) liabilities of the corporation. any expenses of the corporation shall be payable out of the scottish consolidated fund. any sums received by the corporation shall be paid into that fund, subject to any provision made by or under an act of the scottish parliament for the disposal of or accounting for such sums. schedule 2 (which makes further provision about the corporation) shall have effect. subheading 8. proceedings etc 22. standing orders the proceedings of the parliament shall be regulated by standing orders. schedule 3 (which makes provision as to how certain matters are to be dealt with by standing orders) shall have effect. 23. power to call for witnesses and documents the parliament may require any person— to attend its proceedings for the purpose of giving evidence, or to produce documents in his custody or under his control, concerning any subject for which any member of the scottish executive has general responsibility. subject to subsection (3), the parliament may impose such a requirement on a person outside scotland only in connection with the discharge by him of— functions of the scottish administration, or functions of a scottish public authority or cross-border public authority, or border rivers functions (within the meaning of section 111(4)), which concern a subject for which any member of the scottish executive has general responsibility. in relation to the exercise of functions of a minister of the crown, the parliament may not impose such a requirement on— him (whether or not he continues to be a minister of the crown), or a person who is or has been in crown employment, within the meaning of section 191(3) of the employment rights act 1996, unless the exercise concerns a subject for which any member of the scottish executive has general responsibility. but the parliament may not impose such a requirement in pursuance of subsection (3) in connection with the exercise of functions which are exercisable— by the scottish ministers as well as by a minister of the crown, or by a minister of the crown only with the agreement of, or after consultation with, the scottish ministers. subsection (4)(b) does not prevent the parliament imposing such a requirement in connection with the exercise of functions which do not relate to reserved matters. where all the functions of a body relate to reserved matters, the parliament may not impose such a requirement on any person in connection with the discharge by him of those functions. the parliament may not impose such a requirement on— a judge of any court, or a member of any tribunal in connection with the discharge by him of his functions as such. such a requirement may be imposed by a committee or sub-committee of the parliament only if the committee or sub-committee is expressly authorised to do so (whether by standing orders or otherwise). a person is not obliged under this section to answer any question or produce any document which he would be entitled to refuse to answer or produce in proceedings in a court in scotland. a procurator fiscal is not obliged under this section to answer any question or produce any document concerning the operation of the system of criminal prosecution in any particular case if the lord advocate— considers that answering the question or producing the document might prejudice criminal proceedings in that case or would otherwise be contrary to the public interest, and has authorised the procurator fiscal to decline to answer the question or produce the document on that ground. 24. witnesses and documents: notice a requirement under section 23 shall be imposed by the clerk giving the person in question notice in writing specifying— the time and place at which the person is to attend and the particular subjects concerning which he is required to give evidence, or the documents, or types of documents, which he is to produce, the date by which he is to produce them and the particular subjects concerning which they are required. such notice shall be given— in the case of an individual, by sending it, by registered post or the recorded delivery service, addressed to him at his usual or last known address or, where he has given an address for service, at that address, in any other case, by sending it, by registered post or the recorded delivery service, addressed to the person at the person’s registered or principal office. 25. witnesses and documents: offences any person to whom a notice under section 24(1) has been given who— refuses or fails to attend proceedings as required by the notice, refuses or fails, when attending proceedings as required by the notice, to answer any question concerning the subjects specified in the notice, deliberately alters, suppresses, conceals or destroys any document which he is required to produce by the notice, or refuses or fails to produce any such document, is guilty of an offence. subsection (1) is subject to sections 23(9) and (10) and 27(3). it is a defence for a person charged with an offence under subsection (1)(a), (b) or (d) to prove that he had a reasonable excuse for the refusal or failure. a person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a period not exceeding three months. where an offence under this section which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, is guilty of that offence and liable to be proceeded against accordingly. 26. witnesses and documents: general the presiding officer or such other person as may be authorised by standing orders may— administer an oath to any person giving evidence in proceedings of the parliament, and require him to take the oath. any person who refuses to take an oath when required to do so under subsection (1)(b) is guilty of an offence. subsection (4) of section 25 applies to an offence under subsection (2) as it applies to an offence under that section. standing orders may provide for the payment of allowances and expenses to persons— attending proceedings of the parliament to give evidence, or producing documents which they have been required or requested to produce, whether or not in pursuance of a notice under section 24(1). for the purposes of sections 23 to 25 and this section, a person shall be taken to comply with a requirement to produce a document if he produces a copy of, or an extract of the relevant part of, the document. 27. participation of the scottish law officers if the lord advocate or the solicitor general for scotland is not a member of the parliament— he may participate in the proceedings of the parliament to the extent permitted by standing orders, but may not vote, and standing orders may in other respects provide that they are to apply to him as if he were such a member. subsection (1) is without prejudice to section 39. the lord advocate or the solicitor general for scotland may, in any proceedings of the parliament, decline to answer any question or produce any document relating to the operation of the system of criminal prosecution in any particular case if he considers that answering the question or producing the document— might prejudice criminal proceedings in that case, or would otherwise be contrary to the public interest. subheading 9. legislation 28. acts of the scottish parliament subject to section 29, the parliament may make laws, to be known as acts of the scottish parliament. proposed acts of the scottish parliament shall be known as bills; and a bill shall become an act of the scottish parliament when it has been passed by the parliament and has received royal assent. a bill receives royal assent at the beginning of the day on which letters patent under the scottish seal signed with her majesty’s own hand signifying her assent are recorded in the register of the great seal. the date of royal assent shall be written on the act of the scottish parliament by the clerk, and shall form part of the act. the validity of an act of the scottish parliament is not affected by any invalidity in the proceedings of the parliament leading to its enactment. every act of the scottish parliament shall be judicially noticed. this section does not affect the power of the parliament of the united kingdom to make laws for scotland. 29. legislative competence an act of the scottish parliament is not law so far as any provision of the act is outside the legislative competence of the parliament. a provision is outside that competence so far as any of the following paragraphs apply— it would form part of the law of a country or territory other than scotland, or confer or remove functions exercisable otherwise than in or as regards scotland, it relates to reserved matters, it is in breach of the restrictions in schedule 4, it is incompatible with any of the convention rights or with eu law, it would remove the lord advocate from his position as head of the systems of criminal prosecution and investigation of deaths in scotland. for the purposes of this section, the question whether a provision of an act of the scottish parliament relates to a reserved matter is to be determined, subject to subsection (4), by reference to the purpose of the provision, having regard (among other things) to its effect in all the circumstances. a provision which— would otherwise not relate to reserved matters, but makes modifications of scots private law, or scots criminal law, as it applies to reserved matters, is to be treated as relating to reserved matters unless the purpose of the provision is to make the law in question apply consistently to reserved matters and otherwise. subsection (1) is subject to section 30(6). 30. legislative competence: supplementary schedule 5 (which defines reserved matters) shall have effect. her majesty may by order in council make any modifications of schedule 4 or 5 which she considers necessary or expedient. her majesty may by order in council specify functions which are to be treated, for such purposes of this act as may be specified, as being, or as not being, functions which are exercisable in or as regards scotland. an order in council under this section may also make such modifications of— any enactment or prerogative instrument (including any enactment comprised in or made under this act), or any other instrument or document, as her majesty considers necessary or expedient in connection with other provision made by the order. subsection (6) applies where any alteration is made— to the matters which are reserved matters, or to schedule 4, (whether by virtue of the making, revocation or expiry of an order in council under this section or otherwise). where the effect of the alteration is that a provision of an act of the scottish parliament ceases to be within the legislative competence of the parliament, the provision does not for that reason cease to have effect (unless an enactment provides otherwise). 31. scrutiny of bills before introduction a person in charge of a bill shall, on or before introduction of the bill in the parliament, state that in his view the provisions of the bill would be within the legislative competence of the parliament. the presiding officer shall, on or before the introduction of a bill in the parliament, decide whether or not in his view the provisions of the bill would be within the legislative competence of the parliament and state his decision. the form of any statement, and the manner in which it is to be made, shall be determined under standing orders, and standing orders may provide for any statement to be published. 32. submission of bills for royal assent it is for the presiding officer to submit bills for royal assent. the presiding officer shall not submit a bill for royal assent at any time when— the advocate general, the lord advocate or the attorney general is entitled to make a reference in relation to the bill under section 33, any such reference has been made but has not been decided or otherwise disposed of by the supreme court, or an order may be made in relation to the bill under section 35. the presiding officer shall not submit a bill in its unamended form for royal assent if— the supreme court has decided that the bill or any provision of it would not be within the legislative competence of the parliament, or a reference made in relation to the bill under section 33 has been withdrawn following a request for withdrawal of the reference under section 34(2)(b). in this act— “advocate general” means the advocate general for scotland, 33. scrutiny of bills by the supreme court the advocate general, the lord advocate or the attorney general may refer the question of whether a bill or any provision of a bill would be within the legislative competence of the parliament to the supreme court for decision. subject to subsection (3), he may make a reference in relation to a bill at any time during— the period of four weeks beginning with the passing of the bill, and any period of four weeks beginning with any subsequent approval of the bill in accordance with standing orders made by virtue of section 36(5). he shall not make a reference in relation to a bill if he has notified the presiding officer that he does not intend to make a reference in relation to the bill, unless the bill has been approved as mentioned in subsection (2)(b) since the notification. 34. ecj references this section applies where— a reference has been made in relation to a bill under section 33, a reference for a preliminary ruling has been made by the supreme court in connection with that reference, and neither of those references has been decided or otherwise disposed of. if the parliament resolves that it wishes to reconsider the bill— the presiding officer shall notify the advocate general, the lord advocate and the attorney general of that fact, and the person who made the reference in relation to the bill under section 33 shall request the withdrawal of the reference. in this section “a reference for a preliminary ruling” means a reference of a question to the european court under article 267 of the treaty on the functioning of the european union; or article 150 of the treaty establishing the european atomic energy community. 35. power to intervene in certain cases if a bill contains provisions— which the secretary of state has reasonable grounds to believe would be incompatible with any international obligations or the interests of defence or national security, or which make modifications of the law as it applies to reserved matters and which the secretary of state has reasonable grounds to believe would have an adverse effect on the operation of the law as it applies to reserved matters, he may make an order prohibiting the presiding officer from submitting the bill for royal assent. the order must identify the bill and the provisions in question and state the reasons for making the order. the order may be made at any time during— the period of four weeks beginning with the passing of the bill, any period of four weeks beginning with any subsequent approval of the bill in accordance with standing orders made by virtue of section 36(5), if a reference is made in relation to the bill under section 33, the period of four weeks beginning with the reference being decided or otherwise disposed of by the supreme court. the secretary of state shall not make an order in relation to a bill if he has notified the presiding officer that he does not intend to do so, unless the bill has been approved as mentioned in subsection (3)(b) since the notification. an order in force under this section at a time when such approval is given shall cease to have effect. 36. stages of bills standing orders shall include provision— for general debate on a bill with an opportunity for members to vote on its general principles, for the consideration of, and an opportunity for members to vote on, the details of a bill, and for a final stage at which a bill can be passed or rejected. subsection (1) does not prevent standing orders making provision to enable the parliament to expedite proceedings in relation to a particular bill. standing orders may make provision different from that required by subsection (1) for the procedure applicable to bills of any of the following kinds— bills which restate the law, bills which repeal spent enactments, private bills. standing orders shall provide for an opportunity for the reconsideration of a bill after its passing if (and only if)— the supreme court decides that the bill or any provision of it would not be within the legislative competence of the parliament, a reference made in relation to the bill under section 33 is withdrawn following a request for withdrawal of the reference under section 34(2)(b), or an order is made in relation to the bill under section 35. standing orders shall, in particular, ensure that any bill amended on reconsideration is subject to a final stage at which it can be approved or rejected. references in subsection (4), sections 28(2) and 38(1)(a) and paragraph 7 of schedule 3 to the passing of a bill shall, in the case of a bill which has been amended on reconsideration, be read as references to the approval of the bill. subheading 10. other provisions 37. acts of union the union with scotland act 1706 and the union with england act 1707 have effect subject to this act. 38. letters patent and proclamations the keeper of the registers of scotland shall record in the register of the great seal— all letters patent signed with her majesty’s own hand signifying her assent to a bill passed by the parliament, and all royal proclamations under sections 2(5) and 3(2), which have passed under the scottish seal. on recording such letters patent he shall intimate the date of recording to the clerk. her majesty may by order in council make provision as to— the form and manner of preparation, and the publication, of such letters patent and proclamations. if the first minister so directs, impressions with the same device as the scottish seal shall be taken in such manner, of such size and on such material as is specified in the direction. each such impression— shall be known as a wafer scottish seal, and shall be kept in accordance with directions of the first minister. if a wafer scottish seal has been applied to letters patent or a proclamation mentioned in subsection (1), the document has the same validity as if it had passed under the scottish seal. 39. members’ interests provision shall be made for a register of interests of members of the parliament and for the register to be published and made available for public inspection. provision shall be made— requiring members of the parliament to register in that register financial interests (including benefits in kind), as defined for the purposes of this paragraph, requiring that any member of the parliament who has a financial interest (including benefits in kind), as defined for the purposes of this paragraph, in any matter declares that interest before taking part in any proceedings of the parliament relating to that matter. provision made in pursuance of subsection (2) shall include any provision which the parliament considers appropriate for preventing or restricting the participation in proceedings of the parliament of a member with an interest defined for the purposes of subsection (2)(a) or (b) in a matter to which the proceedings relate. provision shall be made prohibiting a member of the parliament from— advocating or initiating any cause or matter on behalf of any person, by any means specified in the provision, in consideration of any payment or benefit in kind of a description so specified, or urging, in consideration of any such payment or benefit in kind, any other member of the parliament to advocate or initiate any cause or matter on behalf of any person by any such means. provision made in pursuance of subsections (2) to (4) shall include any provision which the parliament considers appropriate for excluding from proceedings of the parliament any member who fails to comply with, or contravenes, any provision made in pursuance of those subsections. any member of the parliament who— takes part in any proceedings of the parliament without having complied with, or in contravention of, any provision made in pursuance of subsection (2) or (3), or contravenes any provision made in pursuance of subsection (4), is guilty of an offence. a person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. in this section— “provision” means provision made by or under an act of the scottish parliament, references to members of the parliament include references to the lord advocate and the solicitor general for scotland, whether or not they are such members. subheading 11. legal issues 40. proceedings by or against the parliament etc proceedings by or against the parliament shall be instituted by or (as the case may be) against the parliamentary corporation on behalf of the parliament. proceedings by or against— the presiding officer or a deputy, or any member of the staff of the parliament, shall be instituted by or (as the case may be) against the corporation on his behalf. in any proceedings against the parliament, the court shall not make an order for suspension, interdict, reduction or specific performance (or other like order) but may instead make a declarator. in any proceedings against— any member of the parliament, the presiding officer or a deputy, any member of the staff of the parliament, or the parliamentary corporation,the court shall not make an order for suspension, interdict, reduction or specific performance (or other like order) if the effect of doing so would be to give any relief against the parliament which could not have been given in proceedings against the parliament. references in this section to an order include an interim order. 41. defamatory statements for the purposes of the law of defamation— any statement made in proceedings of the parliament, and the publication under the authority of the parliament of any statement, shall be absolutely privileged. in subsection (1), “statement” has the same meaning as in the defamation act 1996. 42. contempt of court the strict liability rule shall not apply in relation to any publication— made in proceedings of the parliament in relation to a bill or subordinate legislation, or to the extent that it consists of a fair and accurate report of such proceedings made in good faith. in subsection (1), “the strict liability rule” and “publication” have the same meanings as in the contempt of court act 1981. 43. corrupt practices [repealed] part ii. the scottish administration subheading 1. ministers and their staff 44. the scottish executive there shall be a scottish executive, whose members shall be— the first minister, such ministers as the first minister may appoint under section 47, and the lord advocate and the solicitor general for scotland. the members of the scottish executive are referred to collectively as the scottish ministers. a person who holds a ministerial office may not be appointed a member of the scottish executive; and if a member of the scottish executive is appointed to a ministerial office he shall cease to hold office as a member of the scottish executive. in subsection (3), references to a member of the scottish executive include a junior scottish minister and “ministerial office” has the same meaning as in section 2 of the house of commons disqualification act 1975. 45. the first minister the first minister shall be appointed by her majesty from among the members of the parliament and shall hold office at her majesty’s pleasure. the first minister may at any time tender his resignation to her majesty and shall do so if the parliament resolves that the scottish executive no longer enjoys the confidence of the parliament. the first minister shall cease to hold office if a person is appointed in his place. if the office of first minister is vacant or he is for any reason unable to act, the functions exercisable by him shall be exercisable by a person designated by the presiding officer. a person shall be so designated only if— he is a member of the parliament, or if the parliament has been dissolved, he is a person who ceased to be a member by virtue of the dissolution. functions exercisable by a person by virtue of subsection (5)(a) shall continue to be exercisable by him even if the parliament is dissolved. the first minister shall be the keeper of the scottish seal. 46. choice of the first minister if one of the following events occurs, the parliament shall within the period allowed nominate one of its members for appointment as first minister. the events are— the holding of a poll at a general election, the first minister tendering his resignation to her majesty, the office of first minister becoming vacant (otherwise than in consequence of his so tendering his resignation), the first minister ceasing to be a member of the parliament otherwise than by virtue of a dissolution. the period allowed is the period of 28 days which begins with the day on which the event in question occurs; but— if another of those events occurs within the period allowed, that period shall be extended (subject to paragraph (b)) so that it ends with the period of 28 days beginning with the day on which that other event occurred, and the period shall end if the parliament passes a resolution under section 3(1)(a) or when her majesty appoints a person as first minister. the presiding officer shall recommend to her majesty the appointment of any member of the parliament who is nominated by the parliament under this section. 47. ministers the first minister may, with the approval of her majesty, appoint ministers from among the members of the parliament. the first minister shall not seek her majesty’s approval for any appointment under this section without the agreement of the parliament. a minister appointed under this section— shall hold office at her majesty’s pleasure, may be removed from office by the first minister, may at any time resign and shall do so if the parliament resolves that the scottish executive no longer enjoys the confidence of the parliament, if he resigns, shall cease to hold office immediately, and shall cease to hold office if he ceases to be a member of the parliament otherwise than by virtue of a dissolution. 48. the scottish law officers it is for the first minister to recommend to her majesty the appointment or removal of a person as lord advocate or solicitor general for scotland; but he shall not do so without the agreement of the parliament. the lord advocate and the solicitor general for scotland may at any time resign and shall do so if the parliament resolves that the scottish executive no longer enjoys the confidence of the parliament. where the lord advocate resigns in consequence of such a resolution, he shall be deemed to continue in office until the warrant of appointment of the person succeeding to the office of lord advocate is granted, but only for the purpose of exercising his retained functions. subsection (3) is without prejudice to section 287 of the criminal procedure (scotland) act 1995 (demission of office by lord advocate). any decision of the lord advocate in his capacity as head of the systems of criminal prosecution and investigation of deaths in scotland shall continue to be taken by him independently of any other person. in schedule 2 to the house of commons disqualification act 1975 (ministerial offices) and part iii of schedule 1 to the ministerial and other salaries act 1975 (salaries of the law officers), the entries for the lord advocate and the solicitor general for scotland are omitted. 49. junior scottish ministers the first minister may, with the approval of her majesty, appoint persons from among the members of the parliament to assist the scottish ministers in the exercise of their functions. they shall be known as junior scottish ministers. the first minister shall not seek her majesty’s approval for any appointment under this section without the agreement of the parliament. a junior scottish minister— shall hold office at her majesty’s pleasure, may be removed from office by the first minister, may at any time resign and shall do so if the parliament resolves that the scottish executive no longer enjoys the confidence of the parliament, if he resigns, shall cease to hold office immediately, and shall cease to hold office if he ceases to be a member of the parliament otherwise than by virtue of a dissolution. 50. validity of acts of scottish ministers etc the validity of any act of a member of the scottish executive or junior scottish minister is not affected by any defect in his nomination by the parliament or (as the case may be) in the parliament’s agreement to his appointment. 51. the civil service the scottish ministers may appoint persons to be members of the staff of the scottish administration. service as— the holder of any office in the scottish administration which is not a ministerial office, or a member of the staff of the scottish administration, shall be service in the civil service of the state. see part 1 of the constitutional reform and governance act 2010 (in particular, sections 3 and 4) for provision affecting— subsection (1), and any other enactment about the appointment of persons mentioned in subsection (2). see also section 1 of the civil service (management functions) act 1992 under which functions conferred on the minister for the civil service by section 3 of the constitutional reform and governance act 2010 may be delegated to the scottish ministers etc. any salary or allowances payable to or in respect of the persons mentioned in subsection (2) (including contributions to any pension scheme) shall be payable out of the scottish consolidated fund. section 1(2) and (3) of the superannuation act 1972 (delegation of functions relating to civil service superannuation schemes etc.) shall have effect as if references to a minister of the crown (other than the minister for the civil service) included the scottish ministers. the scottish ministers shall make payments to the minister for the civil service, at such times as he may determine, of such amounts as he may determine in respect of— the provision of pensions, allowances or gratuities by virtue of section 1 of the superannuation act 1972 to or in respect of persons who are or have been in such service as is mentioned in subsection (2), and any expenses to be incurred in administering those pensions, allowances or gratuities. amounts required for payments under subsection (7) shall be charged on the scottish consolidated fund. [omitted] subheading 2. ministerial functions 52. exercise of functions statutory functions may be conferred on the scottish ministers by that name. statutory functions of the scottish ministers, the first minister or the lord advocate shall be exercisable on behalf of her majesty. statutory functions of the scottish ministers shall be exercisable by any member of the scottish executive. any act or omission of, or in relation to, any member of the scottish executive shall be treated as an act or omission of, or in relation to, each of them; and any property acquired, or liability incurred, by any member of the scottish executive shall be treated accordingly. subsection (4) does not apply in relation to the exercise of— functions conferred on the first minister alone, or retained functions of the lord advocate. in this act, “retained functions” in relation to the lord advocate means— any functions exercisable by him immediately before he ceases to be a minister of the crown, and other statutory functions conferred on him alone after he ceases to be a minister of the crown. in this section, “statutory functions” means functions conferred by virtue of any enactment. 53. general transfer of functions the functions mentioned in subsection (2) shall, so far as they are exercisable within devolved competence, be exercisable by the scottish ministers instead of by a minister of the crown. those functions are— those of her majesty’s prerogative and other executive functions which are exercisable on behalf of her majesty by a minister of the crown, other functions conferred on a minister of the crown by a prerogative instrument, and functions conferred on a minister of the crown by any pre-commencement enactment, but do not include any retained functions of the lord advocate. in this act, “pre-commencement enactment” means— an act passed before or in the same session as this act and any other enactment made before the passing of this act, an enactment made, before the commencement of this section, under such an act or such other enactment, subordinate legislation under section 106, to the extent that the legislation states that it is to be treated as a pre-commencement enactment. this section and section 54 are modified by part iii of schedule 4. 54. devolved competence references in this act to the exercise of a function being within or outside devolved competence are to be read in accordance with this section. it is outside devolved competence— to make any provision by subordinate legislation which would be outside the legislative competence of the parliament if it were included in an act of the scottish parliament, or to confirm or approve any subordinate legislation containing such provision. in the case of any function other than a function of making, confirming or approving subordinate legislation, it is outside devolved competence to exercise the function (or exercise it in any way) so far as a provision of an act of the scottish parliament conferring the function (or, as the case may be, conferring it so as to be exercisable in that way) would be outside the legislative competence of the parliament. 55. functions exercisable with agreement a statutory provision, or any provision not contained in an enactment, which provides for a minister of the crown to exercise a function with the agreement of, or after consultation with, any other minister of the crown shall cease to have effect in relation to the exercise of the function by a member of the scottish executive by virtue of section 53. in subsection (1) “statutory provision” means any provision in a pre-commencement enactment other than paragraph 5 or 15 of schedule 32 to the local government, planning and land act 1980 (designation of enterprise zones). 56. shared powers despite the transfer by virtue of section 53 of any function under— section 17(1) of the ministry of transport act 1919 (power to make advances for certain purposes), any order in council under section 1 of the united nations act 1946 (measures to give effect to security council decisions), section 9 of the industrial organisation and development act 1947 (levies for scientific research, promotion of exports, etc.), section 5 of the science and technology act 1965 (funding of scientific research), section 1 of the mineral exploration and investment grants act 1972 (contributions in respect of mineral exploration), sections 10 to 12 of the industry act 1972 (credits and grants for construction of ships and offshore installations), sections 2, 11(3) and 12(4) of the employment and training act 1973 (power to make arrangements for employment and training etc. and to make certain payments), sections 7 to 9 and 11 to 13 of the industrial development act 1982 (financial and other assistance for industry), and sections 39 and 40 of the road traffic act 1988 (road safety information and training), the function shall be exercisable by a minister of the crown as well as by the scottish ministers. despite the transfer of any other function by virtue of section 53, the function shall, if subordinate legislation so provides, be exercisable (or be exercisable so far as the legislation provides) by a minister of the crown as well as by the scottish ministers. subordinate legislation under subsection (2) may not be made so as to come into force at any time after the function in question has become exercisable by the scottish ministers. any power referred to in section 53(2)(a) to establish, maintain or abolish a body, office or office-holder having functions which include both— functions which are exercisable in or as regards scotland and do not relate to reserved matters, and other functions,shall, despite that section, be exercisable jointly by the minister of the crown and the scottish ministers. in subsection (4), “office-holder” includes employee or other post-holder. 57. eu law and convention rights despite the transfer to the scottish ministers by virtue of section 53 of functions in relation to observing and implementing obligations under eu law, any function of a minister of the crown in relation to any matter shall continue to be exercisable by him as regards scotland for the purposes specified in section 2(2) of the european communities act 1972. a member of the scottish executive has no power to make any subordinate legislation, or to do any other act, so far as the legislation or act is incompatible with any of the convention rights or with eu law. subsection (2) does not apply to an act of the lord advocate— in prosecuting any offence, or in his capacity as head of the systems of criminal prosecution and investigation of deaths in scotland, 58. power to prevent or require action if the secretary of state has reasonable grounds to believe that any action proposed to be taken by a member of the scottish executive would be incompatible with any international obligations, he may by order direct that the proposed action shall not be taken. if the secretary of state has reasonable grounds to believe that any action capable of being taken by a member of the scottish executive is required for the purpose of giving effect to any such obligations, he may by order direct that the action shall be taken. in subsections (1) and (2), “action” includes making, confirming or approving subordinate legislation and, in subsection (2), includes introducing a bill in the parliament. if any subordinate legislation made or which could be revoked by a member of the scottish executive contains provisions— which the secretary of state has reasonable grounds to believe to be incompatible with any international obligations or the interests of defence or national security, or which make modifications of the law as it applies to reserved matters and which the secretary of state has reasonable grounds to believe to have an adverse effect on the operation of the law as it applies to reserved matters, the secretary of state may by order revoke the legislation. an order under this section must state the reasons for making the order. subheading 3. property and liabilities 59. property and liabilities of the scottish ministers property may be held by the scottish ministers by that name. property acquired by or transferred to the scottish ministers shall belong to, and liabilities incurred by the scottish ministers shall be liabilities of, the scottish ministers for the time being. in relation to property to be acquired by or transferred to, or belonging to, the scottish ministers or liabilities incurred by the scottish ministers, references to the scottish ministers— in any title recorded in the register of sasines or registered in the land register of scotland, or in any other document, shall be read in accordance with subsection (2). a document shall be validly executed by the scottish ministers if it is executed by any member of the scottish executive. 60. transfers to the scottish ministers subordinate legislation may provide— for the transfer to the scottish ministers of any property belonging to a minister of the crown or government department, or for the scottish ministers to have such rights or interests in relation to any property belonging to a minister of the crown or government department as the person making the legislation considers appropriate (whether in connection with a transfer or otherwise). subordinate legislation may provide for the transfer to the scottish ministers of any liabilities to which a minister of the crown or government department is subject. subordinate legislation under this section may only be made in connection with any transfer or sharing of functions of a minister of the crown by virtue of section 53, 63 or 89 or in any other circumstances in which the person making the legislation considers it appropriate to do so for the purposes of this act. 61. property and liabilities of the lord advocate and the first minister property may be held by the lord advocate by that name. property acquired by or transferred to the lord advocate shall belong to, and liabilities incurred by the lord advocate shall be liabilities of, the lord advocate for the time being. in relation to property to be acquired by or transferred to, or belonging to, the lord advocate or liabilities incurred by the lord advocate, references to the lord advocate— in any title recorded in the register of sasines or registered in the land register of scotland, or in any other document, shall be read in accordance with subsection (2). any rights and liabilities acquired or incurred by the first minister shall be rights or (as the case may be) liabilities of the first minister for the time being. 62. transfers to the lord advocate subordinate legislation may provide— for the transfer to the lord advocate of any property belonging to a minister of the crown or government department, or for the lord advocate to have such rights or interests in relation to any property belonging to a minister of the crown or government department as the person making the legislation considers appropriate (whether in connection with a transfer or otherwise). subordinate legislation may provide for the transfer to the lord advocate of any liabilities to which a minister of the crown or government department is subject. subordinate legislation under this section may only be made in connection with the lord advocate becoming a member of the scottish executive or having any retained functions or in any other circumstances in which the person making the legislation considers it appropriate to do so for the purposes of this act. subheading 4. transfer of additional functions 63. power to transfer functions her majesty may by order in council provide for any functions, so far as they are exercisable by a minister of the crown in or as regards scotland, to be exercisable— by the scottish ministers instead of by the minister of the crown, by the scottish ministers concurrently with the minister of the crown, or by the minister of the crown only with the agreement of, or after consultation with, the scottish ministers. where an order is made under subsection (1)(a) or (b) in relation to a function of a minister of the crown which is exercisable only with the agreement of, or after consultation with, another minister of the crown, the function shall, unless the order provides otherwise, be exercisable by the scottish ministers free from any such requirement. an order under this section may, in particular, provide for any function exercisable by the scottish ministers by virtue of an order under subsection (1)(a) or (b) to be exercisable subject to a requirement for the function to be exercised with the agreement of, or after consultation with, a minister of the crown or other person. part iii. financial provisions 64. scottish consolidated fund there shall be a scottish consolidated fund. the secretary of state shall from time to time make payments into the fund out of money provided by parliament of such amounts as he may determine. sums received by an office-holder in the scottish administration shall be paid into the fund. subsection (3) is subject to any provision made by or under an act of the scottish parliament for the disposal of or accounting for such sums. the treasury may, after consulting with the scottish ministers, by order designate receipts of any description specified in the order which are payable into the fund (or would be but for any provision made by or under an act of the scottish parliament). the scottish ministers shall make payments to the secretary of state, at such times and by such methods as the treasury may from time to time determine, of sums equal to the total amount outstanding in respect of designated receipts. amounts required for the payment of sums under subsection (6) shall be charged on the fund. the fund shall be held with the paymaster general. 65. payments out of the fund a sum may only be paid out of the scottish consolidated fund if— it has been charged on the fund by any enactment, it is payable out of the fund without further approval by virtue of this act, or it is paid out for or in connection with any of the purposes mentioned in subsection (2) in accordance with rules made by or under an act of the scottish parliament. those purposes are— meeting expenditure of the scottish administration, meeting expenditure payable out of the fund under any enactment. a sum paid out of the fund shall not be applied for any purpose other than that for which it was charged or (as the case may be) paid out. 66. borrowing by the scottish ministers etc the scottish ministers may borrow from the secretary of state any sums required by them for the purpose of— meeting a temporary excess of sums paid out of the scottish consolidated fund over sums paid into that fund, or providing a working balance in the fund. amounts required for the repayment of, or the payment of interest on, sums borrowed under this section shall be charged on the fund. sums borrowed under this section from the secretary of state shall be repaid to the secretary of state at such times and by such methods, and interest on them shall be paid to him at such rates and at such times, as the treasury may from time to time determine. a member of the scottish executive may borrow money only under this section or under any power conferred by any other act of parliament. the secretary of state may by order made with the consent of the treasury amend subsection (1a) so as to vary the means by which the scottish ministers may borrow money. 67. lending by the secretary of state the treasury may issue to the secretary of state out of the national loans fund such sums as are required by him for making loans under section 66. the aggregate at any time outstanding in respect of the principal of sums borrowed under section 66(1) shall not exceed £500 million. the secretary of state may by order made with the consent of the treasury substitute for the amount (or substituted amount) specified in subsection (2) such amount as may be specified in the order. an amount substituted under subsection (3) may be more or less than the amount for which it is substituted but may not be less than £500 million. sums received by the secretary of state under section 66(3) shall be paid into the national loans fund. 67a. lending for capital expenditure the aggregate at any time outstanding in respect of the principal of sums borrowed under section 66(1a) shall not exceed £2.2 billion. the secretary of state may by order made with the consent of the treasury substitute for the amount (or substituted amount) specified in subsection (1) such amount as may be specified in the order. an amount substituted under subsection (2) may be more or less than the amount for which it is substituted but may not be less than £2.2 billion. a person lending money to a member of the scottish government is not bound to enquire whether the member of the scottish government has power to borrow the money and is not to be prejudiced by the absence of any such power. the scottish ministers may not mortgage or charge any of their property as security for money which they have borrowed under section 66(1a). this is subject to section 66(2). security given in breach of subsection (5) is unenforceable. 68. borrowing by statutory bodies if a member of the scottish executive lends money to a body established under any enactment, the rate of interest on the loan shall not be less than the lowest rate determined by the treasury under section 5 of the national loans act 1968 in respect of similar loans made out of the national loans fund on the day the loan is made. a body established under any enactment shall not, in pursuance of a power conferred by virtue of an act of the scottish parliament, borrow money in a currency other than sterling except with the consent of the scottish ministers given with the approval of the treasury. 69. the auditor general for scotland there shall be an auditor general for scotland who shall be an individual appointed by her majesty on the nomination of the parliament. a recommendation shall not be made to her majesty for the removal from office of the auditor general for scotland unless the parliament so resolves and, if the resolution is passed on a division, the number of members voting in favour is not less than two-thirds of the total number of seats for members of the parliament. the validity of any act of the auditor general for scotland is not affected by any defect in his nomination by the parliament. the auditor general for scotland shall not, in the exercise of any of his functions, be subject to the direction or control of any member of the scottish executive or of the parliament. subsection (4) does not apply in relation to any function conferred on him of preparing accounts. 70. financial control, accounts and audit scottish legislation shall provide— for proper accounts to be prepared by the scottish ministers, by the lord advocate and by other persons to whom sums are paid out of the scottish consolidated fund, of their expenditure and receipts, for the scottish ministers to prepare an account of payments into and out of the fund, for the auditor general for scotland to exercise, or ensure the exercise by other persons of, the functions mentioned in subsection (2), for access by persons exercising those functions to such documents as they may reasonably require, for members of the staff of the scottish administration designated for the purpose to be answerable to the parliament in respect of the expenditure and receipts of each part of the scottish administration, and for the publication of parliamentary accounts and of reports on such accounts and for the laying of such accounts and reports before the parliament. the functions referred to in subsection (1)(c) are— issuing credits for the payment of sums out of the fund, examining parliamentary accounts (which includes determining whether sums paid out of the fund have been paid out and applied in accordance with section 65), and certifying and reporting on them, carrying out examinations into the economy, efficiency and effectiveness with which the scottish ministers and the lord advocate have used their resources in discharging their functions, and carrying out examinations into the economy, efficiency and effectiveness with which other persons determined under scottish legislation to whom sums are paid out of the fund have used those sums in discharging their functions. standing orders shall provide for the consideration by the parliament of accounts and reports laid before it in pursuance of subsection (1)(f). scottish legislation may make further provision for the purpose of ensuring that persons who receive sums derived from the fund are accountable including, in particular, provision for any person to whom subsection (1)(a) does not apply to be accountable for his expenditure and receipts in respect of functions for which he receives sums derived from the fund. persons (other than the auditor general for scotland) charged with the exercise of any function mentioned in subsection (2) or other like function conferred by scottish legislation shall not, in the exercise of that or any ancillary function, be subject to the direction or control of any member of the scottish executive or of the parliament. scottish legislation may not require any cross-border public authority to prepare accounts if any other legislation requires— the authority to prepare accounts of its expenditure and receipts, and the accounts to be examined, certified and reported on by the auditor general for scotland, the comptroller and auditor general or a person appointed by either of them. subsection (2)(b) does not apply to accounts prepared by the auditor general for scotland. this section does not require scottish legislation to impose any requirement which is imposed by any other legislation. in this section— “parliamentary accounts” means— “scottish legislation” means provision made by or under an act of the scottish parliament and “other legislation” means provision made by any other enactment. 71. existing debt subsections (2) to (4) apply where— power to lend money under a provision of a pre-commencement enactment was exercised by the secretary of state, the sums required by him for the exercise of the power were issued by the treasury out of the national loans fund, and the power is exercisable by the scottish ministers by virtue of section 53, or would have been so exercisable but for the repeal of the pre-commencement enactment. any amount payable by way of repayment of or interest on the loan shall be paid to the scottish ministers and into the scottish consolidated fund (instead of to the secretary of state and into the national loans fund). amounts equal to those which are to be received by the scottish ministers in repayment of principal shall be treated as being amounts of advances made on the commencement of this section to the scottish ministers by the secretary of state. such advances shall be repaid to the secretary of state at such times and by such methods, and interest on them shall be paid to him at such rates and at such times, as the treasury may from time to time determine. subsection (6) applies to any amount outstanding immediately before the commencement of this subsection in respect of the principal of the sum treated by virtue of section 2(3) of the government trading funds act 1973 as issued to the registers of scotland executive agency trading fund on the day on which the order establishing that fund came into force (“the issue date”). the secretary of state may, with the agreement of the treasury, by order provide— for the amount to be treated as an advance made by him to the scottish ministers on the issue date, and for the advance to be repaid to him at such times and by such methods, and for interest on the advance to be paid to him at such rates and at such times, as were determined by the treasury under section 2b(3) of that act in respect of the sum referred to in subsection (5). sums required to be paid under subsection (4) or (6) shall be charged on the scottish consolidated fund. sums received under subsection (4) or (6) shall be paid into the national loans fund. 72. accounts of loans to the scottish ministers the secretary of state shall, for each financial year— prepare, in such form and manner as the treasury may direct, an account of sums paid and received by him under sections 66, 67 and 71, and send the account to the comptroller and auditor general not later than the end of november in the following financial year, and the comptroller and auditor general shall examine, certify and report on the account and shall lay copies of it and of his report before each house of parliament. part iv. the tax-varying power [omitted] part 4a. taxation subheading 1. introductory 80a. overview of part 4a in this part— chapter 2 confers on the scottish parliament power to set a rate of income tax to be paid by scottish taxpayers, and chapters 3 and 4 specify the taxes about which the scottish parliament may make provision in the exercise of the power conferred by section 28(1). the power to make provision about a devolved tax is subject to the restrictions imposed by— subsection (3), and the other provisions of this part. a devolved tax may not be imposed where to do so would be incompatible with any international obligations. in this act “devolved tax” means a tax specified in this part as a devolved tax. 80b. power to add new devolved taxes her majesty may by order in council amend this part so as to— specify, as an additional devolved tax, a tax of any description, or make any other modifications of the provisions relating to devolved taxes which she considers necessary or expedient. an order in council under this section may also make such modifications of— any enactment or prerogative instrument (including any enactment comprised in or made under this act), or any other instrument or document, as her majesty considers necessary or expedient in connection with other provision made by the order. subheading 2. income tax 80c. power to set scottish rate for scottish taxpayers the scottish parliament may by resolution (a “scottish rate resolution”) set the scottish rate for the purpose of calculating the rates of income tax to be paid by scottish taxpayers. section 6(2b) of the income tax act 2007 provides for the calculation of those rates. a scottish rate resolution applies— for only one tax year, and for the whole of that year. a scottish rate resolution may specify only one rate. the scottish rate must be a whole number or half a whole number. a scottish rate resolution— must specify the tax year for which it applies, must be made before the start of that tax year, and must not be made more than 12 months before the start of that year. if a scottish rate resolution is cancelled before the start of the tax year for which it is to apply— the income tax acts have effect for that year as if the resolution had never been passed, and the resolution may be replaced by another scottish rate resolution. standing orders must provide that only a member of the scottish government may move a motion for a scottish rate resolution. 80d. scottish taxpayers in any tax year, a scottish taxpayer is an individual (t)— who is resident in the uk for income tax purposes, and who, for that year, meets condition a, b or c. t meets condition a if t has a close connection with scotland (see section 80e). t meets condition b if— t does not have a close connection with any part of the uk other than scotland (see section 80e), and t spends more days of that year in scotland than in any other part of the uk (see section 80f). t meets condition c if, for the whole or any part of the year, t is— a member of parliament for a constituency in scotland, a member of the european parliament for scotland, or a member of the scottish parliament. in this chapter “the uk” means the united kingdom. 80e. close connection with scotland or another part of the uk to find whether, for any year, t has a close connection with any part of the uk see— subsection (2) (where t has only one place of residence in the uk), or subsection (3) (where t has 2 or more places of residence in the uk). t has a close connection with a part of the uk if in that year— t has only one place of residence in the uk, that place of residence is in that part of the uk, and for at least part of the year, t lives at that place. t has a close connection with a part of the uk if in that year— t has 2 or more places of residence in the uk, for at least part of the year, t's main place of residence in the uk is in that part of the uk, the times in the year when t's main place of residence is in that part of the uk comprise (in aggregate) at least as much of the year as the times when t's main place of residence is in any one other part of the uk, and for at least part of the year, t lives at a place of residence in that part of the uk. in this section “place” includes a place on board a vessel or other means of transport. 80f. days spent in scotland or another part of the uk t spends more days of a year in scotland than in any other part of the uk if (and only if)— the number of days in the year on which t is in scotland at the end of the dayequals or exceeds the number of days in the year on which t is in any other part of the uk at the end of the day. but t is not to be treated as being in the uk at the end of a day if— on that day t arrives in the uk as a passenger, t departs from the uk on the next day, and during the time between arrival and departure t does not engage in activities which are to a substantial extent unrelated to t's passage through the uk. 80g. supplemental powers to modify enactments the treasury may by order provide that subsections (2a) to (2c) of section 6 of the income tax act 2007 are to be disapplied, or that their effect is to be modified, in relation to any enactment. the treasury may by order make such modifications of any enactment as they consider necessary or expedient in consequence of or in connection with— the power of the parliament to set a rate under section 80c; the making of a scottish rate resolution; an order under subsection (1). an order under subsection (2) may, in particular, provide that a scottish rate resolution does not require any change in the amounts repayable or deductible under paye regulations between— the beginning of the tax year for which the resolution has effect, and such date (falling after the date of the resolution) as may be specified in the order. an order under this section may, to the extent that the treasury consider it to be appropriate, take effect retrospectively from the beginning of the tax year in which the order is made. 80h. reimbursement of expenses the scottish ministers may reimburse any minister of the crown or government department for administrative expenses incurred by virtue of this chapter at any time after the passing of the scotland act 2012 by the minister or department. subheading 3. tax on transactions involving interests in land 80i. tax on transactions involving interests in land a tax charged on any of the following transactions is a devolved taxthe acquisition of an estate, interest, right or power in or over land in scotland; the acquisition of the benefit of an obligation, restriction or condition affecting the value of any such estate, interest, right or power. the tax may be chargeable— whether or not there is any instrument effecting the transaction, if there is such an instrument, regardless of where it is executed, and regardless of where any party to the transaction is or is resident. 80j. certain transactions not taxable tax may not be imposed under section 80i on so much of a transaction as relates to land below mean low water mark. the following persons are not to be liable to pay a tax imposed under section 80i— government: a minister of the crown the scottish ministers a northern ireland department the welsh ministers, the first minister for wales and the counsel general to the welsh assembly government parliament etc: the corporate officer of the house of lords the corporate officer of the house of commons the scottish parliamentary corporate body the northern ireland assembly commission the national assembly for wales commission the national assembly for wales. subheading 4. tax on disposals to landfill 80k. tax on disposals to landfill a tax charged on disposals to landfill made in scotland is a devolved tax. a disposal is a disposal to landfill if— it is a disposal of material as waste, and it is made by way of landfill. part v. miscellaneous and general subheading 1. remuneration of members of the parliament and government 81. remuneration of members of the parliament and government the parliament shall make provision for the payment of salaries to members of the parliament and members of the scottish executive. the parliament may make provision for the payment of allowances to members of the parliament or members of the scottish executive. the parliament may make provision for the payment of pensions, gratuities or allowances to, or in respect of, any person who— has ceased to be a member of the parliament or the scottish executive, or has ceased to hold such office, employment or other post in connection with the parliament or the scottish executive as the parliament may determine but continues to be a member of the parliament or the scottish executive. such provision may, in particular, include provision for— contributions or payments towards provision for such pensions, gratuities or allowances, the establishment and administration (whether by the parliamentary corporation or otherwise) of one or more pension schemes. in this section “provision” includes provision— by an act of the scottish parliament, or by a resolution of the parliament conferring functions on the parliamentary corporation; and references to a member of the scottish executive include a junior scottish minister. 82. limits on salaries of members of the parliament the parliament shall ensure that the amount of salary payable to a member of the parliament in accordance with section 81 is reduced if any salary is payable to him— under section 4 of the parliamentary standards act 2009 (salaries of members of the house of commons), pursuant to a resolution (or combination of resolutions) of the house of lords relating to the remuneration of members of that house, or under section 1 of the european parliament (pay and pensions) act 1979 (remuneration of united kingdom meps). the parliament shall ensure that the amount of salary is reduced— to a particular proportion of what it would otherwise be or to a particular amount, or by the amount of any salary payable to the member as mentioned in subsection ((1)(za), (a) or (b), by a particular proportion of that amount or by some other particular amount. 83. remuneration: supplementary the parliament shall ensure that information concerning sums paid as salaries, allowances, pensions or gratuities of the kind mentioned in section 81 is published for each financial year. no payment of salary or allowances of the kind mentioned in section 81(1) or (2) shall be made to a person who is required by section 84 to take an oath unless he has done so. subsection (2) does not affect any entitlement to payments in respect of the period before the person concerned took the oath once he has done so. for the purposes of sections 81 and 82, a person who is a member of the parliament immediately before the parliament is dissolved shall be treated— if he continues to hold office by virtue of section 19(2) or paragraph 1 of schedule 2, as if he were such a member until the end of the day on which he ceases to hold such office, and if he does not fall within paragraph (a) but is nominated as a candidate at the subsequent general election, as if he were such a member until the end of the day on which the election is held. different provision may be made under section 81 or 82 for different cases. subheading 2. other provision about members of the parliament etc 84. oaths a person who is returned as a member of the parliament shall take the oath of allegiance (whether or not he has taken the oath after being returned on a previous occasion or otherwise than as a member of the parliament). he shall do so at a meeting of the parliament and shall not take part in any other proceedings of the parliament until he has done so. if he has not done so within the period of two months beginning with the day on which he was returned, or such longer period as the parliament may have allowed before the end of that period, he shall cease to be a member of the parliament (so that his seat is vacant). each member of the scottish executive shall on appointment— take the official oath in the form provided by the promissory oaths act 1868, and take the oath of allegiance. each junior scottish minister shall on appointment take the oath of allegiance. subsections (4) and (5) do not require a member of the parliament to take the oath of allegiance again if he has already done so in compliance with his duty as a member. in this section, references to taking the oath of allegiance are to taking it in the form provided by the promissory oaths act 1868. 85. exemption from jury service [repealed] in part iii of schedule 1 to the law reform (miscellaneous provisions) (scotland) act 1980 (persons excusable as of right from jury service), after the entries in group a there is inserted— “group ab scottish parliament and scottish executive (a) members of the scottish parliament; (b) members of the scottish executive; and (c) junior scottish ministers.” subheading 3. arrangements at westminster 86. scottish representation at westminster [repealed] 87. the advocate general for scotland in schedule 2 to the house of commons disqualification act 1975 (ministerial offices) and part iii of schedule 1 to the ministerial and other salaries act 1975 (salaries of the law officers), after the entry for the solicitor general there is inserted— “advocate general for scotland”. the validity of anything done in relation to the advocate general is not affected by a vacancy in that office. if that office is vacant or the advocate general is for any reason unable to act, his functions shall be exercisable by such other minister of the crown as the prime minister may determine in writing. subheading 4. cross-border public authorities 88. cross-border public authorities: initial status sections 53 and 118 to 121 shall not apply in relation to any function which is specifically exercisable in relation to a cross-border public authority; and section 118 shall not apply in relation to any function of such an authority. a minister of the crown shall consult the scottish ministers before he exercises, in relation to a cross-border public authority, any specific function— which relates to any appointment or removal of the cross-border public authority concerned or of any members or office-holders of the cross-border public authority concerned, or whose exercise might affect scotland otherwise than wholly in relation to reserved matters. any cross-border public authority or other person which is required by a pre-commencement enactment or a prerogative instrument to lay any report relating to a cross-border public authority before parliament or either house of parliament shall also lay the report before the scottish parliament. subsections (1) to (3) are subject to any order in council made under section 89. in this act “cross-border public authority” means any body, government department, office or office-holder specified in an order in council made by her majesty under this section. such an order may only specify a body, government department, office or office-holder which (at the time when the order is made) has, in addition to other functions, functions which are exercisable in or as regards scotland and do not relate to reserved matters. in this section— “office-holder” includes employee or other post-holder, “report” includes accounts and any statement. 89. power to adapt etc. cross-border public authorities her majesty may by order in council make such provision in relation to a cross-border public authority as she considers necessary or expedient in consequence of this act. such provision may, in particular, include provision— modifying any function of a cross-border public authority or of a minister of the crown in relation to such an authority, conferring any function on a cross-border public authority or on a minister of the crown or the scottish ministers in relation to such an authority, modifying the constitution of a cross-border public authority, modifying the application of section 56(4) or 88(1), (2) or (3), for any function to be exercisable by the scottish ministers instead of by a minister of the crown, or by the one concurrently with the other, or by both jointly or by either with the agreement of or after consultation with the other, apportioning any assets or liabilities, imposing, or enabling the imposition of, any limits or other restrictions in addition to or in substitution for existing limits or restrictions, providing for sums to be charged on or payable out of, or paid into, the scottish consolidated fund (instead of or in addition to payments into or out of the consolidated fund or the national loans fund or out of money provided by parliament), requiring payments, with or without interest, to a minister of the crown or into the consolidated fund or national loans fund. no recommendation shall be made to her majesty in council to make an order under this section unless the cross-border public authority concerned has been consulted. 90. power to transfer property of cross-border public authorities this section applies if an act of the scottish parliament provides for any functions of a cross-border public authority to be no longer exercisable in or as regards scotland. her majesty may by order in council provide— for the transfer of any property to which this section applies, or for any person to have such rights or interests in relation to any property to which this section applies as her majesty considers appropriate (whether in connection with a transfer or otherwise). this section applies to property belonging to the cross-border public authority concerned which appears to her majesty— to be held or used wholly or partly for or in connection with the exercise of any of the functions concerned, or not to be within paragraph (a) but, when last held or used for or in connection with the exercise of any function, to have been so held or used for or in connection with the exercise of any of the functions concerned. her majesty may by order in council provide for the transfer of any liabilities— to which the cross-border public authority concerned is subject, and which appear to her majesty to have been incurred wholly or partly for or in connection with the exercise of any of the functions concerned. no recommendation shall be made to her majesty in council to make an order under this section unless the cross-border public authority concerned has been consulted. subheading 5. the bbc 90a. bbc trust member for scotland a minister of the crown must not exercise without the agreement of the scottish ministers functions relating to selection for a particular appointment by which— a person is to become a member of the bbc trust and hold a scottish post, or an existing member of the trust is to hold a scottish post. “scottish post” means a position, held as a member of the trust, with specific reference to scotland.” subheading 6. miscellaneous 91. maladministration the parliament shall make provision for the investigation of relevant complaints made to its members in respect of any action taken by or on behalf of— a member of the scottish executive in the exercise of functions conferred on the scottish ministers, or any other office-holder in the scottish administration. for the purposes of subsection (1), a complaint is a relevant complaint if it is a complaint of a kind which could be investigated under the parliamentary commissioner act 1967 if it were made to a member of the house of commons in respect of a government department or other authority to which that act applies. the parliament may make provision for the investigation of complaints in respect of— any action taken by or on behalf of an office-holder in the scottish administration, any action taken by or on behalf of the parliamentary corporation, any action taken by or on behalf of a scottish public authority with mixed functions or no reserved functions, or any action concerning scotland and not relating to reserved matters which is taken by or on behalf of a cross-border public authority. in making provision of the kind required by subsection (1), the parliament shall have regard (among other things) to the act of 1967. sections 53 and 117 to 121 shall not apply in relation to functions conferred by or under the act of 1967. in this section— “action” includes failure to act (and related expressions shall be read accordingly), “provision” means provision by an act of the scottish parliament; and the references to the act of 1967 are to that act as it has effect on the commencement of this section. 92. queen’s printer for scotland there shall be a queen’s printer for scotland who shall— exercise the queen’s printer functions in relation to acts of the scottish parliament and subordinate legislation (other than scottish statutory instruments) to which this section applies, and exercise any other functions conferred on her by this act or any other enactment. in subsection (1), “the queen’s printer functions” means the printing functions in relation to acts of parliament and subordinate legislation of the queen’s printer of acts of parliament. the queen’s printer for scotland shall also on behalf of her majesty exercise her rights and privileges in connection with— crown copyright in acts of the scottish parliament, crown copyright in subordinate legislation to which this section applies, crown copyright in any existing or future works (other than subordinate legislation) made in the exercise of a function which is exercisable by any office-holder in, or member of the staff of, the scottish administration (or would be so exercisable if the function had not ceased to exist), other copyright assigned to her majesty in works made in connection with the exercise of functions by any such office-holder or member. this section applies to subordinate legislation made, confirmed or approved— by a member of the scottish executive, by a scottish public authority with mixed functions or no reserved functions, or within devolved competence by a person other than a minister of the crown or such a member or authority. for the purposes of subsection (4)(c), the function of her majesty of making an order in council under section 15(1) or (2) (power to specify persons disqualified from membership of the parliament) is to be regarded as being exercisable within devolved competence. if, following an alteration such as is mentioned in section 30(5)— subordinate legislation is made, confirmed or approved under a provision which continues to have effect by virtue of section 30(6), and the making, confirmation or approval would be within devolved competence but for the alteration, the subordinate legislation is to be regarded for the purposes of this section as being made, confirmed or approved within devolved competence. the queen’s printer of acts of parliament shall hold the office of queen’s printer for scotland. references in this act to a scottish public authority include the queen’s printer for scotland. 93. agency arrangements a minister of the crown may make arrangements for any of his specified functions to be exercised on his behalf by the scottish ministers; and the scottish ministers may make arrangements for any of their specified functions to be exercised on their behalf by a minister of the crown. an arrangement under this section does not affect a person’s responsibility for the exercise of his functions. the collection and management of a devolved tax is a specified function of the scottish ministers. in this section— “functions” does not include a function of making, confirming or approving subordinate legislation, “minister of the crown” includes government department, “specified” (subject to subsection (2a)) means specified in an order in council made by her majesty under this subsection; and this section applies to the lord advocate as it applies to the scottish ministers. 94. private legislation this section applies where a pre-commencement enactment makes provision which has the effect of— requiring any order to be confirmed by act of parliament, or requiring any order (within the meaning of the statutory orders (special procedure) act 1945) to be subject to special parliamentary procedure, and power to make, confirm or approve the order in question is exercisable by the scottish ministers by virtue of section 53. the provision shall have effect, so far as it relates to the exercise of the power to make, confirm or approve the order by virtue of section 53, as if it required the orderto be confirmed by an act of the scottish parliament, or (as the case may be) to be subject to such special procedure as may be provided by or under such an act. 95. appointment and removal of judges it shall continue to be for the prime minister to recommend to her majesty the appointment of a person as lord president of the court of session or lord justice clerk. the prime minister shall not recommend to her majesty the appointment of any person who has not been nominated by the first minister for such appointment. before nominating persons for such appointment the first minister shall consult the lord president and the lord justice clerk (unless, in either case, the office is vacant). it is for the first minister, after consulting the lord president, to recommend to her majesty the appointment of a person as— a judge of the court of session (other than the lord president or the lord justice clerk), or a sheriff principal or a sheriff. the first minister shall comply with any requirement in relation to— a nomination under subsection (2), or a recommendation under subsection (4), imposed by virtue of any enactment. a judge of the court of session and the chairman of the scottish land court may be removed from office only by her majesty; and any recommendation to her majesty for such removal shall be made by the first minister. the first minister shall make such a recommendation if (and only if) the parliament, on a motion made by the first minister, resolves that such a recommendation should be made. provision shall be made for a tribunal constituted by the first minister to investigate and report on whether a judge of the court of session or the chairman of the scottish land court is unfit for office by reason of inability, neglect of duty or misbehaviour and for the report to be laid before the parliament. such provision shall include provision— for the constitution of the tribunal by the first minister when requested by the lord president to do so and in such other circumstances as the first minister thinks fit, and for the appointment to chair the tribunal of a member of the judicial committee of the privy council who holds or has held high judicial office, and may include provision for suspension from office. the first minister may make a motion under subsection (7) only if— he has received from a tribunal constituted in pursuance of subsection (8) a written report concluding that the person in question is unfit for office by reason of inability, neglect of duty or misbehaviour and giving reasons for that conclusion, where the person in question is the lord president or the lord justice clerk, he has consulted the prime minister, and he has complied with any other requirement imposed by virtue of any enactment. in subsections (8) to (10)— “high judicial office” has the meaning given by section 60 of the constitutional reform act 2005, “provision” means provision by or under an act of the scottish parliament, “tribunal” means a tribunal of at least three persons. 96. provision of information to the treasury the treasury may require the scottish ministers to provide, within such period as the treasury may reasonably specify, such information, in such form and prepared in such manner, as the treasury may reasonably specify. if the information is not in their possession or under their control, their duty under subsection (1) is to take all reasonable steps to comply with the requirement. 97. assistance for opposition parties her majesty may by order in council provide for the parliamentary corporation to make payments to registered political parties for the purpose of assisting members of the parliament who are connected with such parties to perform their parliamentary duties. the corporation shall not make any payment to a party in pursuance of such an order if any of the members of the parliament who are connected with the party are also members of the scottish executive or junior scottish ministers. but such an order may, in any circumstances specified in the order, require the fact that any members who are connected with a party are also members of the scottish executive or junior scottish ministers to be disregarded. such an order may determine the circumstances in which a member of the parliament and a registered political party are to be regarded for the purposes of this section as connected. subheading 7. juridical 98. devolution issues schedule 6 (which makes provision in relation to devolution issues) shall have effect. 99. rights and liabilities of the crown in different capacities rights and liabilities may arise between the crown in right of her majesty’s government in the united kingdom and the crown in right of the scottish administration by virtue of a contract, by operation of law or by virtue of an enactment as they may arise between subjects. property and liabilities may be transferred between the crown in one of those capacities and the crown in the other capacity as they may be transferred between subjects; and they may together create, vary or extinguish any property or liability as subjects may. proceedings in respect of— any property or liabilities to which the crown in one of those capacities is entitled or subject under subsection (1) or (2), or the exercise of, or failure to exercise, any function exercisable by an office-holder of the crown in one of those capacities, may be instituted by the crown in either capacity; and the crown in the other capacity may be a separate party in the proceedings. this section applies to a unilateral obligation as it applies to a contract. in this section— “office-holder”, in relation to the crown in right of her majesty’s government in the united kingdom, means any minister of the crown or other office-holder under the crown in that capacity and, in relation to the crown in right of the scottish administration, means any office-holder in the scottish administration, “subject” means a person not acting on behalf of the crown. 100. human rights this act does not enable a person— to bring any proceedings in a court or tribunal on the ground that an act is incompatible with the convention rights, or to rely on any of the convention rights in any such proceedings,unless he would be a victim for the purposes of article 34 of the convention (within the meaning of the human rights act 1998) if proceedings in respect of the act were brought in the european court of human rights. subsection (1) does not apply to the lord advocate, the advocate general, the attorney general, the advocate general for northern ireland or the attorney general for northern ireland. this act does not enable a court or tribunal to award any damages in respect of an act which is incompatible with any of the convention rights which it could not award if section 8(3) and (4) of the human rights act 1998 applied. subsection (3b) applies to any proceedings brought by virtue of this act against the scottish ministers or a member of the scottish government in a court or tribunal on the ground that an act of the scottish ministers or a member of the scottish government is incompatible with the convention rights. proceedings to which this subsection applies must be brought before the end of— the period of one year beginning with the date on which the act complained of took place, or such longer period as the court or tribunal considers equitable having regard to all the circumstances, but that is subject to any rule imposing a stricter time limit in relation to the procedure in question. subsection (3b) does not apply to proceedings brought by the lord advocate, the advocate general, the attorney general, the attorney general for northern ireland or the advocate general for northern ireland. in subsections (3a) and (3b) “act” does not include the making of any legislation but it does include any other act or failure to act (including a failure to make legislation). in subsection (3b) “rule” has the same meaning as it has in section 7(5) of the human rights act 1998. subject to subsection (3d), in this section “act” means— making any legislation, any other act or failure to act, if it is the act or failure of a member of the scottish executive. 101. interpretation of acts of the scottish parliament etc this section applies to— any provision of an act of the scottish parliament, or of a bill for such an act, and any provision of subordinate legislation made, confirmed or approved, or purporting to be made, confirmed or approved, by a member of the scottish executive, which could be read in such a way as to be outside competence. such a provision is to be read as narrowly as is required for it to be within competence, if such a reading is possible, and is to have effect accordingly. in this section “competence”— in relation to an act of the scottish parliament, or a bill for such an act, means the legislative competence of the parliament, and in relation to subordinate legislation, means the powers conferred by virtue of this act. 102. powers of courts or tribunals to vary retrospective decisions this section applies where any court or tribunal decides that— an act of the scottish parliament or any provision of such an act is not within the legislative competence of the parliament, or a member of the scottish executive does not have the power to make, confirm or approve a provision of subordinate legislation that he has purported to make, confirm or approve, or any other purported exercise of a function by a member of the scottish government was outside devolved competence. the court or tribunal may make an order— removing or limiting any retrospective effect of the decision, or suspending the effect of the decision for any period and on any conditions to allow the defect to be corrected. in deciding whether to make an order under this section, the court or tribunal shall (among other things) have regard to the extent to which persons who are not parties to the proceedings would otherwise be adversely affected. where a court or tribunal is considering whether to make an order under this section, it shall order intimation of that fact to be given to— the lord advocate, and the appropriate law officer, where the decision mentioned in subsection (1) relates to a devolution issue (within the meaning of schedule 6), or to a compatibility issue, unless the person to whom the intimation would be given is a party to the proceedings. a person to whom intimation is given under subsection (4) may take part as a party in the proceedings so far as they relate to the making of the order. where the decision mentioned in subsection (1) is a decision of the supreme court on a compatibility issue, the power to make an order under this section is exercisable by the high court of justiciary instead of the supreme court. paragraphs 36 and 37 of schedule 6 apply with necessary modifications for the purposes of subsections (4) and (5) as they apply for the purposes of that schedule. in this section— “compatibility issue” has the meaning given by section 288za of the criminal procedure (scotland) act 1995, “intimation” includes notice, “the appropriate law officer” means— in relation to proceedings in scotland, the advocate general, in relation to proceedings in england and wales, the attorney general, in relation to proceedings in northern ireland, the advocate general for northern ireland. 103. the judicial committee [repealed] subheading 8. supplementary powers 104. power to make provision consequential on legislation of, or scrutinised by, the parliament subordinate legislation may make such provision as the person making the legislation considers necessary or expedient in consequence of any provision made by or under any act of the scottish parliament or made by legislation mentioned in subsection (2). the legislation is subordinate legislation under an act of parliament made by— a member of the scottish executive, a scottish public authority with mixed functions or no reserved functions, or any other person (not being a minister of the crown) if the function of making the legislation is exercisable within devolved competence. for the purposes of subsection (2)(c), the function of her majesty of making an order in council under section 15(1) or (2) (power to specify persons disqualified from membership of the parliament) is to be regarded as being exercisable within devolved competence. 105. power to make provision consequential on this act subordinate legislation may make such modifications in any pre-commencement enactment or prerogative instrument or any other instrument or document as appear to the person making the legislation necessary or expedient in consequence of this act. 106. power to adapt functions subordinate legislation may make such provision (including, in particular, provision modifying a function exercisable by a minister of the crown) as the person making the legislation considers appropriate for the purpose of enabling or otherwise facilitating the transfer of a function to the scottish ministers by virtue of section 53 or 63. subordinate legislation under subsection (1) may, in particular, provide for any function which— is not exercisable separately in or as regards scotland to be so exercisable, or is not otherwise exercisable separately within devolved competence to be so exercisable. the reference in subsection (1) to the transfer of a function to the scottish ministers shall be read as including the sharing of a function with the scottish ministers or its other adaptation. no recommendation shall be made to her majesty in council to make, and no minister of the crown shall make, subordinate legislation under this section which modifies a function of observing or implementing an obligation mentioned in subsection (5) unless the scottish ministers have been consulted about the modification. the obligation is an international obligation, or an obligation under eu law, to achieve a result defined by reference to a quantity (whether expressed as an amount, proportion or ratio or otherwise), where the quantity relates to the united kingdom (or to an area including the united kingdom or to an area consisting of a part of the united kingdom which includes the whole or part of scotland). if subordinate legislation under this section modifies a function of observing or implementing such an international obligation so that the function to be transferred to the scottish ministers relates only to achieving so much of the result to be achieved under the obligation as is specified in the legislation, references in section 58 to the international obligation are to be read as references to the requirement to achieve that much of the result. if subordinate legislation under this section modifies a function of observing or implementing such an obligation under eu law so that the function to be transferred to the scottish ministers relates only to achieving so much of the result to be achieved under the obligation as is specified in the legislation, references in sections 29(2)(d) and 57(2) and paragraph 1 of schedule 6 to eu law are to be read as including references to the requirement to achieve that much of the result. 107. legislative power to remedy ultra vires acts subordinate legislation may make such provision as the person making the legislation considers necessary or expedient in consequence of— an act of the scottish parliament or any provision of an act of the scottish parliament which is not, or may not be, within the legislative competence of the parliament, or any purported exercise by a member of the scottish executive of his functions which is not, or may not be, an exercise or a proper exercise of those functions. 108. agreed redistribution of functions exercisable by the scottish ministers etc her majesty may by order in council provide for any functions exercisable by a member of the scottish executive to be exercisable— by a minister of the crown instead of by the member of the scottish executive, by a minister of the crown concurrently with the member of the scottish executive, or by the member of the scottish executive only with the agreement of, or after consultation with, a minister of the crown. where an order is made under subsection (1)(a) or (b) in relation to a function of the scottish ministers, the first minister or the lord advocate which is exercisable only with the agreement of, or after consultation with, any other of those persons, the function shall, unless the order provides otherwise, be exercisable by the minister of the crown free from any such requirement. an order under this section may, in particular, provide for any function exercisable by a minister of the crown by virtue of an order under subsection (1)(a) or (b) to be exercisable subject to a requirement for the function to be exercised with the agreement of, or after consultation with, another person. this section does not apply to any retained functions of the lord advocate which fall within section 52(6)(a). 109. agreed redistribution of property and liabilities her majesty may by order in council provide— for the transfer to a minister of the crown or government department of any property belonging to the scottish ministers or the lord advocate, or for a minister of the crown or government department to have such rights or interests in relation to any property belonging to the scottish ministers or the lord advocate as her majesty considers appropriate (whether in connection with a transfer or otherwise). her majesty may by order in council provide for the transfer to a minister of the crown or government department of any liabilities to which the scottish ministers or the lord advocate are subject. an order in council under this section may only be made in connection with any transfer or sharing of functions of a member of the scottish executive by virtue of section 108 or in any other circumstances in which her majesty considers it appropriate to do so for the purposes of this act. 110. scottish taxpayers for social security purposes the secretary of state may by order provide for individuals of any description specified in the order to be treated for the purposes of any of the matters that are reserved matters by virtue of head f of part ii of schedule 5 as if they were, or were not, scottish taxpayers. the secretary of state may by order provide in relation to any year of assessment that, for those purposes, the basic rate, higher rate or additional rate in relation to the income of scottish taxpayers shall be treated as being such rate as is specified in the order (instead of the rate calculated under section 6(2b) of the income tax act 2007). an order under this section may apply in respect of any individuals whether or not they have a close connection with scotland. in this section “scottish taxpayer” has the same meaning as in subheading 2 of part 4a. 111. regulation of tweed and esk fisheries her majesty may by order in council make provision for or in connection with the conservation, management and exploitation of salmon, trout, eels, lampreys, smelt, shad and freshwater fish in the border rivers. an order under subsection (1) may— exclude the application of section 53 in relation to any border rivers function, confer power to make subordinate legislation. in particular, provision may be made by such an order— conferring any function on a minister of the crown, the scottish ministers or a public body in relation to the border rivers, for any border rivers function exercisable by any person to be exercisable instead by a person (or another person) mentioned in paragraph (a), for any border rivers function exercisable by any person to be exercisable concurrently or jointly with, or with the agreement of or after consultation with, a person (or another person) mentioned in paragraph (a). in this section— “the border rivers” means the rivers tweed and esk, “border rivers function” means a function conferred by any enactment, so far as exercisable in relation to the border rivers, “conservation”, in relation to salmon, trout, eels, lampreys, smelt, shad and freshwater fish, includes the protection of their environment, “eels”, “fish”, “freshwater fish”, “salmon”, “smelt” and “trout” have the same meanings as in the salmon and freshwater fisheries act 1975 (as amended by the marine and coastal access act 2009), “the river tweed” means the tweed district (as defined in article 2(1) of the scotland act 1998 (river tweed) order 2006 (s.i. 2006/2913)). “the river esk” means the river of that name which, for part of its length, constitutes the border between england and scotland including— its tributary streams (which for this purpose include the river sark and its tributary streams), and such waters on the landward side of its estuary limits as are determined by an order under subsection (1), together with its banks; and references to the border rivers include any part of the border rivers. an order under subsection (1) may modify the definitions in subsection (4) of the river tweed and the river esk. an order under subsection (1) may amend that subsection so as to— add any description of fish to it, or remove any description of fish from it. part vi. supplementary subheading 1. subordinate legislation 112. subordinate legislation: general any power to make subordinate legislation conferred by this act shall, if no other provision is made as to the person by whom the power is exercisable, be exercisable by her majesty by order in council or by a minister of the crown by order. but the power to make subordinate legislation under section 129(1) providing— for the appropriation of sums forming part of the scottish consolidated fund, or for sums received by any person to be appropriated in aid of sums appropriated as mentioned in paragraph (a), shall be exercisable only by her majesty by order in council. references in this act to an open power are to a power to which subsection (1) applies (and include a power to make subordinate legislation under section 129(1) whether or not the legislation makes provision as mentioned in subsection (2)). an order in council under an open power may revoke, amend or re-enact an order, as well as an order in council, under the power; and an order under an open power may revoke, amend or re-enact an order in council, as well as an order, under the power. any power to make subordinate legislation conferred by this act shall, in relation to its exercise by a minister of the crown or a member of the scottish executive, be exercisable by statutory instrument. section 27 of the interpretation and legislative reform (scotland) act 2010 (asp 10) (functions exercisable by scottish statutory instrument) applies to the function of making an order in council under section 15(1) or (2). 113. subordinate legislation: scope of powers references in this section to a power are to an open power and to any other power to make subordinate legislation conferred by this act which is exercisable by her majesty in council or by a minister of the crown, and include a power as extended by this section. subsections (2) to (11), except subsection (9), apply also to the power of the scottish ministers to make an order under section 12. a power may be exercised so as to make different provision for different purposes. a power (as well as being exercisable in relation to all cases to which it extends) may be exercised in relation to— those cases subject to specified exceptions, or any particular case or class of case. a power includes power to make— any supplementary, incidental or consequential provision, and any transitory, transitional or saving provision, which the person making the legislation considers necessary or expedient. a power may be exercised by modifying— any enactment or prerogative instrument, any other instrument or document, if the subordinate legislation (or a statutory instrument containing it) would be subject to any of the types of procedure referred to in schedule 7. but a power to modify enactments does not (unless otherwise stated) extend to making modifications of this act or subordinate legislation under it. a power may be exercised so as to make provision for the delegation of functions. a power includes power to make provision for sums to be payable out of the scottish consolidated fund or charged on the fund. a power includes power to make provision for the payment of sums out of money provided by parliament or for sums to be charged on and paid out of the consolidated fund. a power may not be exercised so as to create any criminal offence punishable with any of the penalties specified for the offence in subsection (9b) or (10). in relation to scotland, the specified penalties are— where the offence is triable on summary complaint only, imprisonment for a period exceeding 12 months and a fine exceeding level 5 on the standard scale, where an offence triable either on indictment or on summary complaint is tried on summary complaint, imprisonment for a period exceeding 12 months and a fine exceeding the statutory maximum, where the offence is tried on indictment, imprisonment for a period exceeding two years. in relation to england and wales and northern ireland, the specified penalties are— where the offence is tried summarily, imprisonment for a period exceeding three months and a fine exceeding— in the case of a summary offence, level 5 on the standard scale, in the case of an offence triable either way, the statutory maximum, where the offence is tried on indictment, imprisonment for a period exceeding two years. the fact that a power is conferred does not prejudice the extent of any other power. her majesty may by order in council amend subsection (9b) or (10) so as to change— any period of imprisonment specified there, or the amount of any fine so specified. 114. subordinate legislation: particular provisions a power to make subordinate legislation conferred by any of the following provisions of this act may be exercised by modifying any enactment comprised in or made under this act (except schedules 4 and 5): sections 66(5), 89, 104, 107, 108 and 129(1). the reference in subsection (1) to a power to make subordinate legislation includes a power as extended by section 113. a power to make subordinate legislation conferred by any of the following provisions of this act may be exercised so as to make provision having retrospective effect: sections 30, 58(4), 104 and 107. 115. subordinate legislation: procedure schedule 7 (which determines the procedure which is to apply to subordinate legislation under this act in relation to each house of parliament and the scottish parliament) shall have effect. in spite of the fact that that schedule provides for subordinate legislation under a particular provision of this act (or the statutory instrument containing it) to be subject to any type of procedure in relation to the parliament, the provision conferring the power to make that legislation may be brought into force at any time after the passing of this act. accordingly, any subordinate legislation (or the statutory instrument containing it) made in the exercise of the power in the period beginning with that time and ending immediately before the principal appointed day is to be subject to such other type of procedure (if any) as may be specified in subordinate legislation made under section 129(1). 116. transfer of property: supplementary this section applies in relation to subordinate legislation under section 60, 62, 90 or 109 or paragraph 2 of schedule 2. any such subordinate legislation may, in particular— provide for the creation of rights or interests, or the imposition of liabilities or conditions, in relation to property transferred, or rights or interests acquired, by virtue of such legislation, provide for any property, liabilities or conditions to be determined under such legislation, make provision (other than provision imposing a charge to tax) as to the tax treatment of anything done by virtue of such legislation. no order shall be made by a minister of the crown by virtue of subsection (2)(c), and no recommendation shall be made to her majesty in council to make an order in council by virtue of subsection (2)(c), without the agreement of the treasury. subordinate legislation to which this section applies shall have effect in relation to any property or liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict the transfer of the property or liabilities. a right of pre-emption, right of irritancy, right of return or other similar right shall not operate or become exercisable as a result of any transfer of property by virtue of any subordinate legislation to which this section applies. any such right shall have effect in the case of any such transfer as if the transferee were the same person in law as the transferor and as if no transfer of the property had taken place. such compensation as is just shall be paid to any person in respect of any such right which would, apart from subsection (5), have operated in favour of, or become exercisable by, that person but which, in consequence of the operation of that subsection, cannot subsequently operate in his favour or (as the case may be) become exercisable by him. any compensation payable by virtue of subsection (7) shall be paid by the transferor or by the transferee or by both. subordinate legislation under this subsection may provide for the determination of any disputes as to whether and, if so, how much, compensation is payable by virtue of subsection (7) and as to the person to whom or by whom it shall be paid. subsections (4) to (9) apply in relation to the creation of rights or interests, or the doing of anything else, in relation to property as they apply in relation to a transfer of property; and references to the transferor and transferee shall be read accordingly. a certificate issued by the secretary of state that any property or liability has, or has not, been transferred by virtue of subordinate legislation under section 60 or 62 or paragraph 2 of schedule 2 shall be conclusive evidence of the transfer or (as the case may be) the fact that there has not been a transfer. a certificate issued by the secretary of state and the scottish ministers that any property or liability has, or has not, been transferred by virtue of an order in council under section 90 or 109 shall be conclusive evidence of the transfer or (as the case may be) the fact that there has not been a transfer. in this section “right of return” means any right under a provision for the return or reversion of property in specified circumstances. subheading 2. general modification of enactments 117. ministers of the crown so far as may be necessary for the purpose or in consequence of the exercise of a function by a member of the scottish executive within devolved competence, any pre-commencement enactment or prerogative instrument, and any other instrument or document, shall be read as if references to a minister of the crown (however described) were or included references to the scottish ministers. 118. subordinate instruments subsection (2) applies in relation to the exercise by a member of the scottish executive within devolved competence of a function to make, confirm or approve subordinate legislation. if a pre-commencement enactment makes provision— for any instrument or the draft of any instrument made in the exercise of such a function to be laid before parliament or either house of parliament, for the annulment or approval of any such instrument or draft by or in pursuance of a resolution of either or both houses of parliament, or prohibiting the making of such an instrument without that approval, the provision shall have effect, so far as it relates to the exercise of the function by a member of the scottish executive within devolved competence, as if any reference in it to parliament or either house of parliament were a reference to the scottish parliament. where— a function of making, confirming or approving subordinate legislation conferred by a pre-commencement enactment is exercisable by a scottish public authority with mixed functions or no reserved functions, and a pre-commencement enactment makes such provision in relation to the exercise of the function as is mentioned in subsection (2),the provision shall have effect, so far as it relates to the exercise of the function by that authority, as if any reference in it to parliament or either house of parliament were a reference to the scottish parliament. where— a function of making, confirming or approving subordinate legislation conferred by a pre-commencement enactment is exercisable within devolved competence by a person other than a minister of the crown, a member of the scottish executive or a scottish public authority with mixed functions or no reserved functions, and a pre-commencement enactment makes such provision in relation to the exercise of the function as is mentioned in subsection (2), the provision shall have effect, so far as it relates to the exercise of the function by that person within devolved competence, as if any reference in it to parliament or either house of parliament were a reference to the scottish parliament. if a pre-commencement enactment applies the statutory instruments act 1946 as if a function of the kind mentioned in subsection (3) or (4) were exercisable by a minister of the crown, that act shall apply, so far as the function is exercisable as mentioned in paragraph (a) of subsection (3) or (as the case may be) (4), as if the function were exercisable by the scottish ministers. 119. consolidated fund etc in this section “scottish functions” means— functions of the scottish ministers, the first minister or the lord advocate which are exercisable within devolved competence, functions of any scottish public authority with mixed functions or no reserved functions. subject to subsections (3) and (5), a provision of a pre-commencement enactment which— requires or authorises the payment of any sum out of the consolidated fund or money provided by parliament, or requires or authorises the payment of any sum into the consolidated fund, shall cease to have effect in relation to any scottish functions. a provision of a pre-commencement enactment which— charges any sum on the consolidated fund, requires the payment of any sum out of the consolidated fund without further appropriation, or requires or authorises the payment of any sum into the consolidated fund by a person other than a minister of the crown, shall have effect in relation to any scottish functions as if it provided for the sum to be charged on the scottish consolidated fund or required it to be paid out of that fund without further approval or required or authorised it to be paid into that fund (as the case may be). subsections (2) and (3) do not apply to the words from the beginning of section 2(3) of the european communities act 1972 (general implementation of treaties) to “such community obligation”. a provision of a pre-commencement enactment which authorises any sums to be applied as money provided by parliament instead of being paid into the consolidated fund shall have effect in relation to any scottish functions as if it authorised those sums to be applied as if they had been paid out of the scottish consolidated fund in accordance with rules under section 65(1)(c) instead of being paid into that fund. where a power to lend money under a pre-commencement enactment is exercisable by the scottish ministers, subsection (7) applies to any sums which, for the purpose or as the result of the exercise of the power, would be required (apart from that subsection)— to be issued by the treasury out of the national loans fund, or to be paid into that fund. those sums shall instead— be paid out of the scottish consolidated fund without further approval, or be paid into that fund, (as the case may be). 120. accounts and audit a provision of a pre-commencement enactment which— requires any account to be examined, certified and reported on by, or to be open to the inspection of, the comptroller and auditor general, or requires him to have access to any other document for carrying out any such examination, shall have effect in relation to any scottish functions (within the meaning of section 119) as if the references to the comptroller and auditor general were to the auditor general for scotland. 121. requirements to lay reports etc. before parliament this section applies where— a pre-commencement enactment makes provision for any report to be laid before parliament or either house of parliament, and the report concerns scottish functions. if the report only concerns scottish functions, it shall be laid instead before the scottish parliament. in any other case, it shall be laid before the scottish parliament as well as before parliament or (as the case may be) either house of parliament. in this section— “report” includes accounts and any statement, “scottish functions” has the same meaning as in section 119. 122. crown land in any provision about the application of any pre-commencement enactment to crown land— references to a minister of the crown or government department shall be read as including the scottish ministers and the lord advocate, and references to a minister of the crown or government department having the management of the land shall be read as including any member of the scottish executive having the management of the land. in this section, “crown land” has the meaning given by section 242 of the town and country planning (scotland) act 1997. 123. stamp duty in section 55 of the finance act 1987 (crown exemption from stamp duty) references to a minister of the crown shall be read as including the scottish ministers, the lord advocate and the parliamentary corporation. 124. modification of sections 94 and 117 to 122 subordinate legislation may provide for any provision of sections 94 and 117 to 122 not to apply, or to apply with modifications, in such cases as the person making the legislation considers appropriate. subordinate legislation made by her majesty in council or a minister of the crown under this act may, in connection with any other provision made by the legislation, also provide for any provision of sections 94 and 117 to 122 not to apply, or to apply with modifications. subheading 3. amendments and repeals 125. amendments and repeals schedule 8 (which makes modifications of enactments) shall have effect. the enactments mentioned in schedule 9 are repealed to the extent specified in that schedule. subheading 4. final provisions 126. interpretation in this act— “body” includes unincorporated association, “constituencies” and “regions”, in relation to the parliament, mean the constituencies and regions provided for by schedule 1, “constituency member” means a member of the parliament for a constituency, “the convention rights” has the same meaning as in the human rights act 1998, “document” means anything in which information is recorded in any form (and references to producing a document are to be read accordingly), “enactment” includes an act of the scottish parliament, northern ireland legislation (within the meaning of the northern ireland act 1998) and an enactment comprised in subordinate legislation, and includes an enactment comprised in, or in subordinate legislation under, an act of parliament, whenever passed or made, “financial year” means a year ending with 31st march, “functions” includes powers and duties, and “confer”, in relation to functions, includes impose, “government department” means any department of the government of the united kingdom, “the human rights convention” means— the convention for the protection of human rights and fundamental freedoms, agreed by the council of europe at rome on 4th november 1950, and the protocols to the convention, as they have effect for the time being in relation to the united kingdom, “minister of the crown” includes the treasury, “modify” includes amend or repeal, “occupational pension scheme”, “personal pension scheme” and “public service pension scheme” have the meanings given by section 1 of the pension schemes act 1993, “the parliament” means the scottish parliament, “parliamentary”, in relation to constituencies, elections and electors, is to be taken to refer to the parliament of the united kingdom, “prerogative instrument” means an order in council, warrant, charter or other instrument made under the prerogative, “the principal appointed day” means the day appointed by an order under section 130 which is designated by the order as the principal appointed day, “proceedings”, in relation to the parliament, includes proceedings of any committee or sub-committee, “property” includes rights and interests of any description, “regional member” means a member of the parliament for a region, “scotland” includes so much of the internal waters and territorial sea of the united kingdom as are adjacent to scotland, “scottish public authority” means any public body (except the parliamentary corporation), public office or holder of such an office whose functions (in each case) are exercisable only in or as regards scotland, “the scottish zone” means the sea within british fishery limits (that is, the limits set by or under section 1 of the fishery limits act 1976) which is adjacent to scotland, “standing orders” means standing orders of the parliament, “subordinate legislation” has the same meaning as in the interpretation act 1978 and also includes an instrument made under an act of the scottish parliament, “tribunal” means any tribunal in which legal proceedings may be brought. her majesty may by order in council determine, or make provision for determining, for the purposes of this act any boundary between waters which are to be treated as internal waters or territorial sea of the united kingdom, or sea within british fishery limits, adjacent to scotland and those which are not. for the purposes of this act— the question whether any function of a body, government department, office or office-holder relates to reserved matters is to be determined by reference to the purpose for which the function is exercisable, having regard (among other things) to the likely effects in all the circumstances of any exercise of the function, but bodies to which paragraph 3 of part iii of schedule 5 applies are to be treated as if all their functions were functions which relate to reserved matters. references in this act to scots private law are to the following areas of the civil law of scotland— the general principles of private law (including private international law), the law of persons (including natural persons, legal persons and unincorporated bodies), the law of obligations (including obligations arising from contract, unilateral promise, delict, unjustified enrichment and negotiorum gestio), the law of property (including heritable and moveable property, trusts and succession), and the law of actions (including jurisdiction, remedies, evidence, procedure, diligence, recognition and enforcement of court orders, limitation of actions and arbitration), and include references to judicial review of administrative action. references in this act to scots criminal law include criminal offences, jurisdiction, evidence, procedure and penalties and the treatment of offenders. references in this act and in any other enactment to the scottish administration are to the office-holders in the scottish administration and the members of the staff of the scottish administration. for the purposes of this act— references to office-holders in the scottish administration are to— members of the scottish executive and junior scottish ministers, and the holders of offices in the scottish administration which are not ministerial offices, and references to members of the staff of the scottish administration are to the staff of the persons referred to in paragraph (a). for the purposes of this act, the offices in the scottish administration which are not ministerial offices are— the registrar general of births, deaths and marriages for scotland, the keeper of the registers of scotland and the keeper of the records of scotland, and any other office of a description specified in an order in council made by her majesty under this subsection. in this act— all those rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the eu treaties, and all those remedies and procedures from time to time provided for by or under the eu treaties,are referred to as “eu law”. in this act, “international obligations” means any international obligations of the united kingdom other than obligations to observe and implement eu law or the convention rights. in this act, “by virtue of” includes “by” and “under”. 127. index of defined expressions in this act, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in the right-hand column. table key: column 1= expression; column 2= provision of this act row 1 column 1 act of the scottish parliament column 2 section 28(1) row 2 column 1 advocate general column 2 section 32(4) row 3 column 1 auditor general for scotland column 2 section 69 row 4 column 1 body column 2 section 126(1) row 5 column 1 by virtue of column 2 section 126(11) row 6 column 1 clerk, and assistant clerk column 2 section 20 and paragraph 3 of schedule 2 row 7 column 1 eu law column 2 section 126(9) row 8 column 1 constituencies and constituency member column 2 section 126(1) row 9 column 1 the convention rights column 2 section 126(1) row 10 column 1 cross-border public authority column 2 section 88(5) row 11 column 1 devolved competence (in relation to the exercise of functions) column 2 section 54 row 11a column 1 devolved tax column 2 section 80a(4) row 12 column 1 document column 2 section 126(1) row 13 column 1 enactment column 2 sections 113(6) and 126(1) row 14 column 1 financial year column 2 section 126(1) row 15 column 1 functions column 2 section 126(1) row 16 column 1 government department column 2 section 126(1) row 17 column 1 the human rights convention column 2 section 126(1) row 18 column 1 international obligations column 2 section 126(10) row 19 column 1 legislative competence column 2 section 29 row 20 column 1 member of the scottish executive column 2 section 44(1) row 21 column 1 members of the staff of the scottish administration column 2 section 126(7) row 22 column 1 minister of the crown column 2 section 126(1) row 23 column 1 modify column 2 section 126(1) row 24 column 1 occupational pension scheme, personal pension scheme and public service pension scheme column 2 section 126(1) row 25 column 1 office-holders in the scottish administration column 2 section 126(7) row 26 column 1 offices in the scottish administration which are not ministerial offices column 2 section 126(8) row 27 column 1 open power column 2 section 112(3) row 28 column 1 the parliament column 2 section 126(1) row 29 column 1 “parliamentary” (in relation to constituencies, elections and electors) column 2 section 126(1) row 30 column 1 the parliamentary corporation column 2 section 21(1) row 31 column 1 pre-commencement enactment column 2 section 53(3) row 32 column 1 prerogative instrument column 2 section 126(1) row 33 column 1 presiding officer column 2 section 19 row 34 column 1 principal appointed day column 2 section 126(1) row 35 column 1 proceedings column 2 section 126(1) row 36 column 1 property column 2 section 126(1) row 37 column 1 regional list (in relation to a party) column 2 section 5(4) row 38 column 1 regional returning officer column 2 section 12(6) row 39 column 1 regional vote column 2 section 6(2) row 40 column 1 regions and regional member column 2 section 126(1) row 41 column 1 registered political party column 2 section 5(9) row 42 column 1 reserved matters column 2 schedule 5 row 43 column 1 retained functions (in relation to the lord advocate) column 2 section 52(6) row 44 column 1 scotland column 2 section 126(1) and (2) row 45 column 1 scots criminal law column 2 section 126(5) row 46 column 1 scots private law column 2 section 126(4) row 47 column 1 scottish administration column 2 section 126(6) row 48 column 1 scottish ministers column 2 section 44(2) row 49 column 1 scottish public authority column 2 section 126(1) row 50 column 1 scottish public authority with mixed functions or no reserved functions column 2 paragraphs 1 and 2 of part iii of schedule 5 row 51 column 1 scottish seal column 2 section 2(6) row 52 column 1 the scottish zone column 2 section 126(1) row 53 column 1 staff of the parliament column 2 paragraph 3 of schedule 2 row 54 column 1 standing orders column 2 section 126(1) row 55 column 1 subordinate legislation column 2 section 126(1) row 56 column 1 tribunal column 2 section 126(1) 128. expenses there shall be paid out of money provided by parliament— any expenditure incurred by a minister of the crown by virtue of this act, and any increase attributable to this act in the sums payable out of money so provided under any other enactment. there shall be paid into the consolidated fund any sums received by a minister of the crown by virtue of this act which are not payable into the national loans fund. 129. transitional provisions etc subordinate legislation may make such provision as the person making the legislation considers necessary or expedient for transitory or transitional purposes in connection with the coming into force of any provision of this act. if any of the following provisions come into force before the human rights act 1998 has come into force (or come fully into force), the provision shall have effect until the time when that act is fully in force as it will have effect after that time: sections 29(2)(d), 57(2) and (3), 100 and 126(1) and schedule 6. 130. commencement sections 19 to 43, parts ii to v, sections 117 to 124 and section 125 (except so far as relating to paragraphs 10, 11, 19 and 23(1) and (6) of schedule 8) shall come into force on such day as the secretary of state may by order appoint. different days may be appointed under this section for different purposes. 131. extent section 25 extends only to scotland. 132. short title this act may be cited as the scotland act 1998. schedules schedules 1-4. [schedules 1-4 omitted due to length full text of schedules can be found online at http://www.legislation.gov.uk/ukpga/1998/46/schedules] schedule 5. reserved matters part i. general reservations subheading 1. the constitution the following aspects of the constitution are reserved matters, that is— the crown, including succession to the crown and a regency, the union of the kingdoms of scotland and england, the parliament of the united kingdom, the continued existence of the high court of justiciary as a criminal court of first instance and of appeal, the continued existence of the court of session as a civil court of first instance and of appeal. 2 paragraph 1 does not reserve— her majesty’s prerogative and other executive functions, functions exercisable by any person acting on behalf of the crown, or any office in the scottish administration. sub-paragraph (1) does not affect the reservation by paragraph 1 of honours and dignities or the functions of the lord lyon king of arms so far as relating to the granting of arms; but this sub-paragraph does not apply to the lord lyon king of arms in his judicial capacity. sub-paragraph (1) does not affect the reservation by paragraph 1 of the management (in accordance with any enactment regulating the use of land) of the crown estate. sub-paragraph (1) does not affect the reservation by paragraph 1 of the functions of the security service, the secret intelligence service and the government communications headquarters. sub-paragraph (1) does not affect the reservation by paragraph 1 of the functions exercisable through the export credits guarantee department. 3 paragraph 1 does not reserve property belonging to her majesty in right of the crown or belonging to any person acting on behalf of the crown or held in trust for her majesty for the purposes of any person acting on behalf of the crown. paragraph 1 does not reserve the ultimate superiority of the crown or the superiority of the prince and steward of scotland. sub-paragraph (1) does not affect the reservation by paragraph 1 of— the hereditary revenues of the crown, other than revenues from bona vacantia, ultimus haeres and treasure trove, the royal arms and standard, the compulsory acquisition of property held or used by a minister of the crown or government department. 4 paragraph 1 does not reserve property held by her majesty in her private capacity. sub-paragraph (1) does not affect the reservation by paragraph 1 of the subject-matter of the crown private estates acts 1800 to 1873. paragraph 1 does not reserve the use of the scottish seal. 5a paragraph 1 does not reserve a referendum on the independence of scotland from the rest of the united kingdom if the following requirements are met. the date of the poll at the referendum must not be the date of the poll at any other referendum held under provision made by the parliament. the date of the poll at the referendum must be no later than 31st december 2014. there must be only one ballot paper at the referendum, and the ballot paper must give the voter a choice between only two responses. subheading 2. political parties the registration and funding of political parties is a reserved matter but this paragraph does not reserve making payments to any political party for the purpose of assisting members of the parliament who are connected with the party to perform their parliamentary duties. subheading 3. foreign affairs etc 7 international relations, including relations with territories outside the united kingdom, the european union (and their institutions) and other international organisations, regulation of international trade, and international development assistance and co-operation are reserved matters. sub-paragraph (1) does not reserve— observing and implementing international obligations, obligations under the human rights convention and obligations under eu law, assisting ministers of the crown in relation to any matter to which that sub-paragraph applies. subheading 4. public service 8 the civil service of the state is a reserved matter. sub-paragraph (1) does not reserve the subject-matter of— part i of the sheriff courts and legal officers (scotland) act 1927 (appointment of sheriff clerks and procurators fiscal etc.), part iii of the administration of justice (scotland) act 1933 (officers of the high court of justiciary and of the court of session). subheading 5. defence 9 the following are reserved matters— the defence of the realm, the naval, military or air forces of the crown, including reserve forces, visiting forces, international headquarters and defence organisations, trading with the enemy and enemy property. sub-paragraph (1) does not reserve— the exercise of civil defence functions by any person otherwise than as a member of any force or organisation referred to in sub-paragraph (1)(b) to (d) or any other force or organisation reserved by virtue of sub-paragraph (1)(a), the conferral of enforcement powers in relation to sea fishing. subheading 6. treason treason (including constructive treason), treason felony and misprision of treason are reserved matters. part ii. specific reservations subheading 1. preliminary the matters to which any of the sections in this part apply are reserved matters for the purposes of this act. a section applies to any matter described or referred to in it when read with any illustrations, exceptions or interpretation provisions in that section. any illustrations, exceptions or interpretation provisions in a section relate only to that section (so that an entry under the heading “exceptions” does not affect any other section). subheading 2. reservations head a. financial and economic matters a1. fiscal, economic and monetary policy section a1 fiscal, economic and monetary policy, including the issue and circulation of money, taxes and excise duties, government borrowing and lending, control over united kingdom public expenditure, the exchange rate and the bank of england. exceptions devolved taxes, including their collection and management. local taxes to fund local authority expenditure (for example, council tax and non-domestic rates). a2. the currency section a2 coinage, legal tender and bank notes. a3. financial services section a3 financial services, including investment business, banking and deposit-taking, collective investment schemes and insurance. exception the subject-matter of section 1 of the banking and financial dealings act 1971 (bank holidays). a4. financial markets section a4 financial markets, including listing and public offers of securities and investments, transfer of securities and insider dealing. a5. money laundering section a5 the subject-matter of the money laundering regulations 1993, but in relation to any type of business. head b. home affairs b1. misuse of drugs section b1 the subject-matter of— the misuse of drugs act 1971, sections 12 to 14 of the criminal justice (international co-operation) act 1990 (substances useful for manufacture of controlled drugs), and part v of the criminal law (consolidation) (scotland) act 1995 (drug trafficking) and, so far as relating to drug trafficking, the proceeds of crime (scotland) act 1995. b2. data protection section b2 the subject-matter of— the data protection act 1998, and council directive 95/46/ec (protection of individuals with regard to the processing of personal data and on the free movement of such data). interpretation if any provision of the data protection act 1998 is not in force on the principal appointed day, it is to be treated for the purposes of this reservation as if it were. b3. elections section b3 elections for membership of the house of commons, the european parliament and the parliament, including the subject-matter of— the franchise at local government elections. interpretation paragraph 5(1) of part 3 of this schedule does not apply to the subject-matter of the european parliamentary elections act 2002; and the reference to the subject-matter of that act is to be construed as a reference to it as at the date that act received royal assent. b4. firearms section b4 the subject-matter of the firearms acts 1968 to 1997. exception the regulation of air weapons within the meaning given by section 1(3)(b) of the firearms act 1968 (which is subject to the following which remain powers of the secretary of state— the power to make rules under section 53 of that act for the purposes of that provision (specially dangerous weapons requiring firearms certificate), and the power to make an order under section 1(4) of the firearms (amendment) act 1988 (specially dangerous weapons to be prohibited)). b5. entertainment section b5 the subject-matter of— the classification of films for public exhibition by reference to their suitability for viewing by persons generally or above a particular age, with or without any advice as to the desirability of parental guidance. b6. immigration and nationality section b6 nationality; immigration, including asylum and the status and capacity of persons in the united kingdom who are not british citizens; free movement of persons within the european economic area; issue of travel documents. b7. scientific procedures on live animals section b7 the subject-matter of the animals (scientific procedures) act 1986. b8. national security, interception of communications, official secrets and terrorism section b8 national security. the interception of communications; but not the interception of any communication made to or by a person detained at a place of detention, if the communicationis a written communication and is intercepted there, or is intercepted in the course of its transmission by means of a private telecommunication system running there, the subject matter of part iii of the police act 1997 (authorisation to interfere with property etc.) or surveillance not involving interference with property. the subject-matter of— the official secrets acts 1911 and 1920, and the official secrets act 1989, except so far as relating to any information, document or other article protected against disclosure by section 4(2) (crime) and not by any other provision of sections 1 to 4. special powers, and other special provisions, for dealing with terrorism. interpretation “place of detention” means a prison, young offenders institution, remand centre or legalised police cell (as those expressions are defined for the purposes of the prisons (scotland) act 1989 or a hospital (within the meaning of the given in section 329(1) of the mental health (care and treatment) (scotland) act 2003; and “person detained”, in relation to a hospital, means a person detained there under– “private telecommunication system” has the meaning given in section 2(1) of the regulation of investigatory powers act 2000. b9. betting, gaming and lotteries section b9 betting, gaming and lotteries. b10. emergency powers section b10 emergency powers. b11. extradition section b11 extradition. b12. lieutenancies section b12 the subject-matter of the lieutenancies act 1997. b13. access to information section b13 public access to information held by public bodies or holders of public offices (including government departments and persons acting on behalf of the crown). exception information held by– the parliament, any part of the scottish administration, the parliamentary corporation, any scottish public authority with mixed functions or no reserved functions, unless supplied by a minister of the crown or government department and held in confidence. head c. trade and industry c1. business associations section c1 the creation, operation, regulation and dissolution of types of business association. exceptions the creation, operation, regulation and dissolution of— particular public bodies, or public bodies of a particular type, established by or under any enactment, and charities. interpretation “business association” means any person (other than an individual) established for the purpose of carrying on any kind of business, whether or not for profit; and “business” includes the provision of benefits to the members of an association. c2. insolvency section c2 in relation to business associations— preferred or preferential debts for the purposes of the bankruptcy (scotland) act 1985, the insolvency act 1986, and any other enactment relating to the sequestration of the estate of any person or to the winding up of business associations, the preference of such debts against other such debts and the extent of their preference over other types of debt. regulation of insolvency practitioners. co-operation of insolvency courts. exceptions in relation to business associations— in relation to business associations which are social landlords, the following additional exceptions– the general legal effect of winding up, procedures for the initiation of winding up, powers of courts in relation to proceedings for winding up, and procedures giving protection from creditors, but only in so far as they relate to a moratorium on the disposal of property held by a social landlord and the management and disposal of such property. floating charges and receivers, except in relation to preferential debts, regulation of insolvency practitioners and co-operation of insolvency courts. interpretation “business association” has the meaning given in section c1 of this part of this schedule, but does not include any person whose estate may be sequestrated under the bankruptcy (scotland) act 1985 or any public body established by or under an enactment. “social landlord” means a body which is– a society registered under the industrial and provident societies act 1965 which has its registered office for the purposes of that act in scotland and satisfies the relevant conditions, or a company registered under the companies act 1985 which has its registered office for the purposes of that act in scotland and satisfies the relevant conditions. “the relevant conditions” are that the body does not trade for profit and is established for the purpose of, or has among its objects and powers, the provision, construction, improvement or management of– houses to be kept available for letting, houses for occupation by members of the body, where the rules of the body restrict membership to persons entitled or prospectively entitled (as tenants or otherwise) to occupy a house provided or managed by the body, or hostels, “house” and “hostel” having the meanings given in section 338(1) of the housing (scotland) act 1987. “winding up”, in relation to business associations, includes winding up of solvent, as well as insolvent, business associations. c3. competition section c3 regulation of anti-competitive practices and agreements; abuse of dominant position; monopolies and mergers. exception regulation of particular practices in the legal profession for the purpose of regulating that profession or the provision of legal services. interpretation “the legal profession” means advocates, solicitors and qualified conveyancers and executry practitioners within the meaning of part ii of the law reform (miscellaneous provisions) (scotland) act 1990. c4. intellectual property section c4 intellectual property. exception the subject-matter of parts i and ii of the plant varieties act 1997 (plant varieties and the plant varieties and seeds tribunal). c5. import and export control section c5 the subject-matter of the import, export and customs powers (defence) act 1939. prohibition and regulation of the import and export of endangered species of animals and plants. exceptions prohibition and regulation of movement into and out of scotland of— food, animals, animal products, plants and plant products for the purposes of protecting human, animal or plant health, animal welfare or the environment or observing or implementing obligations under the common agricultural policy, and animal feeding stuffs, fertilisers and pesticides (including anything treated as if it were a pesticide by virtue of section 16(16) of the food and environment protection act 1985) for the purposes of protecting human, animal or plant health or the environment. c6. sea fishing section c6 regulation of sea fishing outside the scottish zone (except in relation to scottish fishing boats). interpretation “scottish fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the merchant shipping act 1995 and whose entry in the register specifies a port in scotland as the port to which the vessel is to be treated as belonging. c7. consumer protection section c7 regulation of— safety of, and liability for, services supplied to consumers. the subject-matter of— the hearing aid council act 1968, the unsolicited goods and services acts 1971 and 1975, parts i to iii and xi of the fair trading act 1973, the consumer credit act 1974, the estate agents act 1979, the timeshare act 1992, the package travel, package holidays and package tours regulations 1992, and the commercial agents (council directive) regulations 1993. exception the subject-matter of section 16 of the food safety act 1990 (food safety and consumer protection). c8. product standards, safety and liability section c8 technical standards and requirements in relation to products in pursuance of an obligation under eu law. the national accreditation body and the accreditation of bodies which certify or assess conformity to technical standards in relation to products or environmental management systems. product safety and liability. product labelling. exceptions food, agricultural and horticultural produce, fish and fish products, seeds, animal feeding stuffs, fertilisers and pesticides (including anything treated as if it were a pesticide by virtue of section 16(16) of the food and environment protection act 1985). in relation to food safety, materials which come into contact with food. c9. weights and measures section c9 units and standards of weight and measurement. regulation of trade so far as involving weighing, measuring and quantities. c10. telecommunications and wireless telegraphy section c10 telecommunications and wireless telegraphy. internet services. electronic encryption. the subject-matter of part ii of the wireless telegraphy act 1949 (electromagnetic disturbance). exception the subject-matter of part iii of the police act 1997 (authorisation to interfere with property etc.). c11. posts section c11 the subject matter of the postal services act 2000. exception financial assistance for the provision of services (other than postal services and services relating to money or postal orders) to be provided from public post offices. interpretation paragraph 5(1) of part iii of this schedule does not apply to this section. the reference to the subject matter of the postal services act 2000 is to be read as a reference to the subject matter of that act as at the date when it received royal assent. “postal services” and “public post offices” have the same meaning as in the postal services act 2000. c12. research councils section c12 research councils within the meaning of the science and technology act 1965. the subject-matter of section 5 of that act (funding of scientific research) so far as relating to research councils. the arts and humanities research council within the meaning of part 1 of the higher education act 2004. the subject-matter of section 10 of that act (research in arts and humanities) so far as relating to that council. interpretation paragraph 5(1) of part 3 of this schedule does not apply to the subject-matter of section 10 of the higher education act 2004; and the reference to the subject-matter of that section is to be construed as a reference to it as at the date that act received royal assent. c13. designation of assisted areas section c13 the subject-matter of section 1 of the industrial development act 1982. c14. industrial development advisory board section c14 the industrial development advisory board. c15. protection of trading and economic interests section c15 the subject-matter of— section 2 of the emergency laws (re-enactments and repeals) act 1964 (treasury power in relation to action damaging to economic position of united kingdom), part ii of the industry act 1975 (powers in relation to transfer of control of important manufacturing undertakings), and the protection of trading interests act 1980. head d. energy d1. electricity section d1 generation, transmission, distribution and supply of electricity. the subject-matter of part ii of the electricity act 1989. exception the subject-matter of part i of the environmental protection act 1990. d2. oil and gas section d2 oil and gas, including— the ownership of, exploration for and exploitation of deposits of oil and natural gas, the subject-matter of section 1 of the mineral exploration and investment grants act 1972 (contributions in connection with mineral exploration) so far as relating to exploration for oil and gas, offshore installations and pipelines, the subject-matter of the pipe-lines act 1962 (including section 5 (deemed planning permission)) so far as relating to pipelines within the meaning of section 65 of that act, the application of scots law and the jurisdiction of the scottish courts in relation to offshore activities, pollution relating to oil and gas exploration and exploitation, but only outside controlled waters (within the meaning of section 30a(1) of the control of pollution act 1974), the subject-matter of part ii of the food and environment protection act 1985 so far as relating to oil and gas exploration and exploitation, but only in relation to activities outside such controlled waters, restrictions on navigation, fishing and other activities in connection with offshore activities, liquefaction of natural gas, and the conveyance, shipping and supply of gas through pipes. exceptions the subject-matter of— the manufacture of gas. the conveyance, shipping and supply of gas other than through pipes. d3. coal section d3 coal, including its ownership and exploitation, deep and opencast coal mining and coal mining subsidence. exceptions the subject-matter of— part i of the environmental protection act 1990, and sections 53 (environmental duties in connection with planning) and 54 (obligation to restore land affected by coal-mining operations) of the coal industry act 1994. d4. nuclear energy section d4 nuclear energy and nuclear installations, including— nuclear safety, security and safeguards, and liability for nuclear occurrences. the office for nuclear regulation. exceptions the subject-matter of— part i of the environmental protection act 1990, and the radioactive substances act 1993. d5. energy conservation section d5 the subject-matter of the energy act 1976, other than section 9. exception the encouragement of energy efficiency other than by prohibition or regulation. head e. transport e1. road transport section e1 the subject-matter of— regulation of proper hours or periods of work by persons engaged in the carriage of passengers or goods by road. the conditions under which international road transport services for passengers or goods may be undertaken. regulation of the instruction of drivers of motor vehicles. exceptions the subject-matter of sections 39 and 40 (road safety information and training) and 157 to 159 (payments for treatment of traffic casualties) of the road traffic act 1988. e2. rail transport section e2 provision and regulation of railway services. rail transport security. the subject-matter of the channel tunnel act 1987. the subject-matter of the railway heritage act 1996. exceptions grants so far as relating to railway services; but this exception does not apply in relation to— imposing requirements about the preparation and submission of strategies relating to the provision of rail services on scottish public authorities with mixed functions relating to such services. the transfer of functions of passenger transport executives or passenger transport authorities relating to the provision and regulation of rail services conferred by part ii of the transport act 1968 and sections 32 to 36 of the railways act 1993 to, and the allocation of such functions among, relevant authorities. the promotion and construction of railways which start, end and remain in scotland. interpretation “railway” has the meaning given by section 67(1) of the transport and works act 1992. “railway services” has the meaning given by section 82 of the railways act 1993 (excluding the wider meaning of “railway” given by section 81(2) of that act). “relevant authority” means– the scottish ministers; or any scottish public authority (not being a cross-border public authority or an authority exercising functions solely in relation to a reserved matter) which is set up wholly or mainly to exercise functions relating to transport.] e3. marine transport section e3 the subject-matter of— navigational rights and freedoms. financial assistance for shipping services which start or finish or both outside scotland. exceptions ports, harbours, piers and boatslips, except in relation to the matters reserved by virtue of paragraph (d), (f), (g) or (i). regulation of works which may obstruct or endanger navigation. the subject-matter of the highlands and islands shipping services act 1960 in relation to financial assistance for bulk freight services. e4. air transport section e4 regulation of aviation and air transport, including the subject-matter of— the carriage by air act 1961, the carriage by air (supplementary provisions) act 1962, the carriage by air and road act 1979 so far as relating to carriage by air, the civil aviation act 1982, the aviation security act 1982, the airports act 1986, and sections 1 (endangering safety at aerodromes) and 48 (powers in relation to certain aircraft) of the aviation and maritime security act 1990, and arrangements to compensate or repatriate passengers in the event of an air transport operator’s insolvency. exceptions the subject-matter of the following sections of the civil aviation act 1982— the subject-matter of part ii (transfer of airport undertakings of local authorities), sections 63 and 64 (airport byelaws) and 66 (functions of operators of designated airports as respects abandoned vehicles) of the airports act 1986. the subject-matter of sections 59 (acquisition of land and rights over land) and 60 (disposal of compulsorily acquired land) of the airports act 1986 where land is to be or was acquired for the purpose of airport development or expansion. imposing requirements about the preparation and submission of strategies relating to the provision of air services on scottish public authorities with mixed functions relating to such services. e5. other matters section e5 transport of radioactive material. technical specifications for public passenger transport for disabled persons, including the subject-matter of— section 125(7) and (8) of the transport act 1985 (secretary of state’s guidance and consultation with the disabled persons transport advisory committee), and part v of the disability discrimination act 1995 (public transport). regulation of the carriage of dangerous goods. interpretation “radioactive material” has the same meaning as in section 1(1) of the radioactive material (road transport) act 1991. head f. social security f1. social security schemes section f1 schemes supported from central or local funds which provide assistance for social security purposes to or in respect of individuals by way of benefits. requiring persons to— establish and administer schemes providing assistance for social security purposes to or in respect of individuals, or make payments to or in respect of such schemes, and to keep records and supply information in connection with such schemes. the circumstances in which a person is liable to maintain himself or another for the purposes of the enactments relating to social security and the child support acts 1991 and 1995. the subject-matter of the vaccine damage payment scheme. illustrations national insurance; social fund; recovery of benefits for accident, injury or disease from persons paying damages; deductions from benefits for the purpose of meeting an individual’s debts; sharing information between government departments for the purposes of the enactments relating to social security; making decisions for the purposes of schemes mentioned in the reservation and appeals against such decisions. exceptions the subject-matter of part ii of the social work (scotland) act 1968 (social welfare services), section 2 of the chronically sick and disabled persons act 1970 (provision of welfare services), section 50 of the children act 1975 (payments towards maintenance of children), section 15 of the enterprise and new towns (scotland) act 1990 (industrial injuries benefit), and sections 22 (promotion of welfare of children in need), 29 and 30 (advice and assistance for young persons formerly looked after by local authorities) of the children (scotland) act 1995. providing occasional financial or other assistance to or in respect of individuals for the purposes of— meeting, or helping to meet, an immediate short term need— arising out of an exceptional event or exceptional circumstances, and that requires to be met to avoid a risk to the well-being of an individual, or enabling qualifying individuals to establish or maintain a settled home, and “qualifying individuals” means individuals who have been or, without the assistance, might otherwise be— in prison, hospital, a residential care establishment or other institution, or but the following are not excepted— providing financial assistance for the purposes of meeting maternity expenses, funeral expenses or expenses for heating incurred due to cold weather, the subject-matter of— section 138 of the social security contributions and benefits act 1992 (payments out of the social fund)(1), section 69 of the child support, pensions and social security act 2000 (discretionary housing payments)(2).”. homeless or otherwise living an unsettled way of life. interpretation “benefits” includes pensions, allowances, grants, loans and any other form of financial assistance. providing assistance for social security purposes to or in respect of individuals includes (among other things) providing assistance to or in respect of individuals— who qualify by reason of old age, survivorship, disability, sickness, incapacity, injury, unemployment, maternity or the care of children or others needing care, who qualify by reason of low income, or in relation to their housing costs or liabilities for local taxes. the reference to the subject-matter of section 138 of the 1992 act is to be construed as a reference to it as at 8th may 2012 and the reference to the subject-matter of section 69 of the 2000 act is to be construed as a reference to it as at the date on which the scotland act (modification of schedule 5) (no. 2) order 2013 (s.i. 2013/192) came into force; and if any amendment of section 69 of the 2000 act made by the welfare reform act 2012(3) is not in force on that date, it is to be treated as if it were. paragraph 5(1) of part 3 of this schedule does not apply to the subject-matter of— section 138 of the social security contributions and benefits act 1992, or section 69 of the child support, pensions and social security act 2000. f2. child support section f2 the subject-matter of the child support acts 1991 and 1995. exception the subject-matter of sections 1 to 7 of the family law (scotland) act 1985 (aliment). interpretation if section 30(2) of the child support act 1991 (collection of payments other than child support maintenance) is not in force on the principal appointed day, it is to be treated for the purposes of this reservation as if it were. f3. occupational and personal pensions section f3 the regulation of occupational pension schemes and personal pension schemes, including the obligations of the trustees or managers of such schemes. provision about pensions payable to, or in respect of, any persons, except— the persons referred to in section 81(3), in relation to a scottish public authority with mixed functions or no reserved functions, persons who are or have been a member of the public body, the holder of the public office, or a member of the staff of the body, holder or office. the subject-matter of the pensions (increase) act 1971. schemes for the payment of pensions which are listed in schedule 2 to that act, except those mentioned in paragraphs 38a and 38ab. where pension payable to or in respect of any class of persons under a public service pension scheme is covered by this reservation, so is making provision in their case— for compensation for loss of office or employment, for their office or employment being affected by constitutional changes, or circumstances arising from such changes, in any territory or territories or for loss or diminution of emoluments, or for benefits in respect of death or incapacity resulting from injury or disease. interpretation “pension” includes gratuities and allowances. f4. war pensions section f4 schemes for the payment of pensions for or in respect of persons who have a disablement or have died in consequence of service as members of the armed forces of the crown. the subject-matter of any scheme under the personal injuries (emergency provisions) act 1939, sections 3 to 5 and 7 of the pensions (navy, army, air force and mercantile marine) act 1939 or section 1 of the polish resettlement act 1947 illustration the provision of pensions under the naval, military and air forces etc. (disablement and death) service pensions order 1983. interpretation “pension” includes grants, allowances, supplements and gratuities. head g. regulation of the professions g1. architects section g1 regulation of the profession of architect. g2. health professions section g2 regulation of the health professions. exceptions the subject-matter of— section 21 of the national health service (scotland) act 1978 (requirement of suitable experience for medical practitioners), and section 25 of that act (arrangements for the provision of general dental services), so far as it relates to vocational training and disciplinary proceedings. interpretation “the health professions” means the professions regulated by— the pharmacy act 1954, the professions supplementary to medicine act 1960, the veterinary surgeons act 1966, the medical act 1983, the dentists act 1984, the opticians act 1989, the osteopaths act 1993, the chiropractors act 1994, and the nurses, midwives and health visitors act 1997. g3. auditors section g3 regulation of the profession of auditor. head h. employment h1. employment and industrial relations section h1 employment rights and duties and industrial relations, including the subject-matter of— the employers’ liability (compulsory insurance) act 1969, the employment agencies act 1973, the pneumoconiosis etc. (workers’ compensation) act 1979, the transfer of undertakings (protection of employment) regulations 1981, the trade union and labour relations (consolidation) act 1992, the employment tribunals act 1996, the employment rights act 1996, and the national minimum wage act 1998. exception the subject-matter of the agricultural wages (scotland) act 1949. h2. health and safety section h2 the subject-matter of part i of the health and safety at work etc. act 1974 interpretation for the purposes of the reservation of the subject-matter of part i of the health and safety at work etc. act 1974– “work” and “at work” in that part are to be taken to have the meaning they have on the principal appointed day; that subject-matter includes– process fire precautions; fire precautions in relation to petroleum and petroleum spirit; and fire safety on ships and hovercraft, in mines and on offshore installations; [repealed] but does not include any other aspect of fire safety. h3. job search and support section h3 the subject-matter of— the disabled persons (employment) act 1944, and the employment and training act 1973, except so far as relating to training for employment. exception the subject-matter of— sections 8 to 10a of the employment and training act 1973 (careers services), and the following sections of part i of the enterprise and new towns (scotland) act 1990 (scottish enterprise and highlands and islands enterprise)— section 2(3)(c) (arrangements for the purpose of assisting persons to establish themselves as self-employed persons), and section 12 (disclosure of information). head j. health and medicines j1. abortion section j1 abortion. j2. xenotransplantation section j2 xenotransplantation. j3. embryology, surrogacy and genetics section j3 surrogacy arrangements, within the meaning of the surrogacy arrangements act 1985, including the subject-matter of that act. the subject-matter of the human fertilisation and embryology act 1990. human genetics. j4. medicines, medical supplies and poisons section j4 the subject-matter of— regulation of prices charged for medical supplies or medicinal products which (in either case) are supplied for the purposes of the health service established under section 1 of the national health service (scotland) act 1978. interpretation “medical supplies” has the same meaning as in section 49(3) of the national health service (scotland) act 1978. “medicinal products” has the same meaning as in section 130(1) of the medicines act 1968. j5. welfare foods section j5 schemes made by regulations under section 13 of the social security act 1988 (schemes for distribution of welfare foods). head k. media and culture k1. broadcasting section k1 the subject-matter of the broadcasting act 1990 and the broadcasting act 1996. the british broadcasting corporation. k2. public lending right section k2 the subject-matter of the public lending right act 1979. k3. government indemnity scheme section k3 the subject-matter of sections 16 and 16a of the national heritage act 1980 (public indemnities for objects on loan to museums, art galleries, etc.). k4. property accepted in satisfaction of tax section k4 the subject-matter of sections 8 and 9 of the national heritage act 1980 (payments to inland revenue in respect of property accepted in satisfaction of tax, and disposal of such property). head l. miscellaneous l1. judicial remuneration section l1 determination of the remuneration of— judges of the court of session, sheriffs principal and sheriffs, members of the lands tribunal for scotland, and the chairman of the scottish land court. l2. equal opportunities section l2 equal opportunities, including the subject-matter of— the equal pay act 1970, the sex discrimination act 1975, the race relations act 1976, and the disability discrimination act 1995. exceptions the encouragement (other than by prohibition or regulation) of equal opportunities, and in particular of the observance of the equal opportunity requirements. imposing duties on— any office-holder in the scottish administration, or any scottish public authority with mixed functions or no reserved functions, to make arrangements with a view to securing that the functions of the office-holder or authority are carried out with due regard to the need to meet the equal opportunity requirements, or any cross-border public authority to make arrangements with a view to securing that its scottish functions are carried out with due regard to the need to meet the equal opportunity requirements. interpretation “equal opportunities” means the prevention, elimination or regulation of discrimination between persons on grounds of sex or marital status, on racial grounds, or on grounds of disability, age, sexual orientation, language or social origin, or of other personal attributes, including beliefs or opinions, such as religious beliefs or political opinions. “equal opportunity requirements” means the requirements of the law for the time being relating to equal opportunities. “scottish functions” means functions which are exercisable in or as regards scotland and which do not relate to reserved matters. l3. control of weapons section l3 control of nuclear, biological and chemical weapons and other weapons of mass destruction. l4. ordnance survey section l4 the subject-matter of the ordnance survey act 1841. l5. time section l5 timescales, time zones and the subject-matter of the summer time act 1972. the calendar; units of time; the date of easter. exceptions the computation of periods of time. the subject-matter of— section 1 of the banking and financial dealings act 1971 (bank holidays), and the term and quarter days (scotland) act 1990. l6. outer space section l6 regulation of activities in outer space. l7. antarctica section l7 antarctica regulation of activities in antarctica. interpretation “antarctica” has the meaning given by section 1 of the antarctic act 1994. part iii. general provisions subheading 1. scottish public authorities 1 this schedule does not reserve any scottish public authority if some of its functions relate to reserved matters and some do not, unless it is a cross-border public authority. sub-paragraph (1) has effect as regards— the constitution of the authority, including its establishment and dissolution, its assets and liabilities and its funding and receipts, conferring or removing any functions specifically exercisable in relation to the authority. sub-paragraph (2)(b) does not apply to any function which is specifically exercisable in relation to a particular function of the authority if the particular function relates to reserved matters. an authority to which this paragraph applies is referred to in this act as a scottish public authority with mixed functions. paragraph 1 of part i of this schedule does not reserve any scottish public authority with functions none of which relate to reserved matters (referred to in this act as a scottish public authority with no reserved functions). subheading 2. reserved bodies 3 the reservation of any body to which this paragraph applies has effect to reserve— its constitution, including its establishment and dissolution, its assets and liabilities and its funding and receipts, conferring functions on it or removing functions from it, conferring or removing any functions specifically exercisable in relation to it. this paragraph applies to— a body reserved by name by part ii of this schedule, each of the councils reserved by section c12 of that part, the commission for racial equality, the equal opportunities commission and the disability rights commission. the commission for equality and human rights. subheading 3. financial assistance to industry 4 this schedule does not reserve giving financial assistance to commercial activities for the purpose of promoting or sustaining economic development or employment. sub-paragraph (1)— does not apply to giving financial assistance to any activities in pursuance of a power exercisable only in relation to activities which are reserved, does not apply to part i of this schedule, except paragraph 9, or to a body to which paragraph 3 of this part of this schedule applies, is without prejudice to the exceptions from the reservations in sections c11, e2 and e3 of part ii of this schedule. sub-paragraph (1) does not affect the question whether any matter other than financial assistance to which that sub-paragraph applies is reserved. subheading 4. interpretation 5 references in this schedule to the subject-matter of any enactment are to be read as references to the subject-matter of that enactment as it has effect on the principal appointed day or, if it ceased to have effect at any time within the period ending with that day and beginning with the day on which this act is passed, as it had effect immediately before that time. subordinate legislation under section 129(1) may, in relation to the operation of this schedule at any time before the principal appointed day, modify the references to that day in sub-paragraph (1). schedule 6. devolution issues part i. preliminary in this schedule “devolution issue” means— a question whether an act of the scottish parliament or any provision of an act of the scottish parliament is within the legislative competence of the parliament, a question whether any function (being a function which any person has purported, or is proposing, to exercise) is a function of the scottish ministers, the first minister or the lord advocate, a question whether the purported or proposed exercise of a function by a member of the scottish executive is, or would be, within devolved competence, a question whether a purported or proposed exercise of a function by a member of the scottish executive is, or would be, incompatible with any of the convention rights or with eu law, a question whether a failure to act by a member of the scottish executive is incompatible with any of the convention rights or with eu law, any other question about whether a function is exercisable within devolved competence or in or as regards scotland and any other question arising by virtue of this act about reserved matters. but a question arising in criminal proceedings in scotland that would, apart from this paragraph, be a devolution issue is not a devolution issue if (however formulated) it relates to the compatibility with any of the convention rights or with eu law ofan act of the scottish parliament or any provision of an act of the scottish parliament, a function, the purported or proposed exercise of a function, a failure to act. a devolution issue shall not be taken to arise in any proceedings merely because of any contention of a party to the proceedings which appears to the court or tribunal before which the proceedings take place to be frivolous or vexatious. part ii. proceedings in scotland subheading 1. application of part ii this part of this schedule applies in relation to devolution issues in proceedings in scotland. subheading 2. institution of proceedings 4 proceedings for the determination of a devolution issue may be instituted by the advocate general or the lord advocate. the lord advocate may defend any such proceedings instituted by the advocate general. this paragraph is without prejudice to any power to institute or defend proceedings exercisable apart from this paragraph by any person. subheading 3. intimation of devolution issue intimation of any devolution issue which arises in any proceedings before a court or tribunal shall be given to the advocate general and the lord advocate (unless the person to whom the intimation would be given is a party to the proceedings). a person to whom intimation is given in pursuance of paragraph 5 may take part as a party in the proceedings, so far as they relate to a devolution issue. subheading 4. reference of devolution issue to higher court a court, other than the supreme court or any court consisting of three or more judges of the court of session, may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the inner house of the court of session. a tribunal from which there is no appeal shall refer any devolution issue which arises in proceedings before it to the inner house of the court of session; and any other tribunal may make such a reference. a court, other than any court consisting of two or more judges of the high court of justiciary, may refer any devolution issue which arises in criminal proceedings before it to the high court of justiciary. subheading 5. references from superior courts to supreme court any court consisting of three or more judges of the court of session may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 7 or 8) to the supreme court. any court consisting of two or more judges of the high court of justiciary may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 9) to the supreme court. subheading 6. appeals from superior courts to supreme court an appeal against a determination of a devolution issue by the inner house of the court of session on a reference under paragraph 7 or 8 shall lie to the supreme court. an appeal against a determination of a devolution issue by— a court of two or more judges of the high court of justiciary (whether in the ordinary course of proceedings or on a reference under paragraph 9), or a court of three or more judges of the court of session from which there is no appeal to the supreme court apart from this paragraph, shall lie to the supreme court, but only with permission of the court from which the appeal lies or, failing such permission, with permission of the supreme court. in criminal proceedings, an application to the high court for permission under paragraph 13 must be made— within 28 days of the date of the determination against which the appeal lies, or within such longer period as the high court considers equitable having regard to all the circumstances. in criminal proceedings, an application to the supreme court for permission under paragraph 13 must be made— within 28 days of the date on which the high court refused permission under that paragraph, or within such longer period as the supreme court considers equitable having regard to all the circumstances. part iii. proceedings in england and wales subheading 1. application of part iii this part of this schedule applies in relation to devolution issues in proceedings in england and wales. subheading 2. institution of proceedings 15 proceedings for the determination of a devolution issue may be instituted by the attorney general. the lord advocate may defend any such proceedings. this paragraph is without prejudice to any power to institute or defend proceedings exercisable apart from this paragraph by any person. subheading 3. notice of devolution issue a court or tribunal shall order notice of any devolution issue which arises in any proceedings before it to be given to the attorney general and the lord advocate (unless the person to whom the notice would be given is a party to the proceedings). a person to whom notice is given in pursuance of paragraph 16 may take part as a party in the proceedings, so far as they relate to a devolution issue. subheading 4. reference of devolution issue to high court or court of appeal a magistrates’ court may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the high court. 19 a court may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the court of appeal. sub-paragraph (1) does not apply to— a magistrates’ court, the court of appeal or the supreme court, or the high court if the devolution issue arises in proceedings on a reference under paragraph 18. a tribunal from which there is no appeal shall refer any devolution issue which arises in proceedings before it to the court of appeal; and any other tribunal may make such a reference. a court, other than the supreme court or the court of appeal, may refer any devolution issue which arises in criminal proceedings before it to— the high court (if the proceedings are summary proceedings), or the court of appeal (if the proceedings are proceedings on indictment). subheading 5. appeals from superior courts to supreme court an appeal against a determination of a devolution issue by the high court or the court of appeal on a reference under paragraph 18, 19, 20 or 21 shall lie to the supreme court, but only with permission of the high court or (as the case may be) the court of appeal or, failing such permission, with permission of the supreme court. part iv. proceedings in northern ireland subheading 1. application of part iv this part of this schedule applies in relation to devolution issues in proceedings in northern ireland. subheading 2. institution of proceedings 25 proceedings for the determination of a devolution issue may be instituted by the advocate general for northern ireland. the lord advocate may defend any such proceedings. this paragraph is without prejudice to any power to institute or defend proceedings exercisable apart from this paragraph by any person. subheading 3. notice of devolution issue a court or tribunal shall order notice of any devolution issue which arises in any proceedings before it to be given to the advocate general for northern ireland and the lord advocate (unless the person to whom the notice would be given is a party to the proceedings). a person to whom notice is given in pursuance of paragraph 26 may take part as a party in the proceedings, so far as they relate to a devolution issue. subheading 4. reference of devolution issue to court of appeal a court, other than the supreme court or the court of appeal in northern ireland, may refer any devolution issue which arises in any proceedings before it to the court of appeal in northern ireland. a tribunal from which there is no appeal shall refer any devolution issue which arises in any proceedings before it to the court of appeal in northern ireland; and any other tribunal may make such a reference. subheading 5. references from court of appeal to supreme court the court of appeal in northern ireland may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 28 or 29) to the supreme court. subheading 6. appeals from court of appeal to supreme court an appeal against a determination of a devolution issue by the court of appeal in northern ireland on a reference under paragraph 28 or 29 shall lie to the supreme court, but only with permission of the court of appeal in northern ireland or, failing such permission, with permission of the supreme court. part v. general subheading 1 [repealed] [repealed] subheading 2. direct references to supreme court the lord advocate, the advocate general, the attorney general or the advocate general for northern ireland may require any court or tribunal to refer to the supreme court any devolution issue which has arisen in proceedings before it to which he is a party. the lord advocate, the attorney general, the advocate general or the advocate general for northern ireland may refer to the supreme court any devolution issue which is not the subject of proceedings. 35 this paragraph applies where a reference is made under paragraph 34 in relation to a devolution issue which relates to the proposed exercise of a function by a member of the scottish executive. the person making the reference shall notify a member of the scottish executive of that fact. no member of the scottish executive shall exercise the function in the manner proposed during the period beginning with the receipt of the notification under sub-paragraph (2) and ending with the reference being decided or otherwise disposed of. proceedings relating to any possible failure by a member of the scottish executive to comply with sub-paragraph (3) may be instituted by the advocate general. sub-paragraph (4) is without prejudice to any power to institute proceedings exercisable apart from that sub-paragraph by any person. subheading 3. expenses 36 a court or tribunal before which any proceedings take place may take account of any additional expense of the kind mentioned in sub-paragraph (3) in deciding any question as to costs or expenses. in deciding any such question, the court or tribunal may award the whole or part of the additional expense as costs or (as the case may be) expenses to the party who incurred it (whatever the decision on the devolution issue). the additional expense is any additional expense which the court or tribunal considers that any party to the proceedings has incurred as a result of the participation of any person in pursuance of paragraph 6, 17 or 27. subheading 4. procedure of courts and tribunals any power to make provision for regulating the procedure before any court or tribunal shall include power to make provision for the purposes of this schedule including, in particular, provision— for prescribing the stage in the proceedings at which a devolution issue is to be raised or referred, for the sisting or staying of proceedings for the purpose of any proceedings under this schedule, and for determining the manner in which and the time within which any intimation or notice is to be given. subheading 5. interpretation any duty or power conferred by this schedule to refer a devolution issue to a court shall be construed as a duty or (as the case may be) power to refer the issue to the court for decision. schedules 7-9. [schedules 7-9 omitted due to length full text of schedules can be found online at http://www.legislation.gov.uk/ukpga/1998/46/schedules] human rights act 1998 preamble an act to give further effect to rights and freedoms guaranteed under the european convention on human rights; to make provision with respect to holders of certain judicial offices who become judges of the european court of human rights; and for connected purposes. [9th november 1998] be it enacted by the queen’s most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, as follows:— subheading 1. introduction 1. the convention rights in this act “the convention rights” means the rights and fundamental freedoms set out in— articles 2 to 12 and 14 of the convention, articles 1 to 3 of the first protocol, and article 1 of the thirteenth protocol, as read with articles 16 to 18 of the convention. those articles are to have effect for the purposes of this act subject to any designated derogation or reservation (as to which see sections 14 and 15). the articles are set out in schedule 1. the secretary of state may by order make such amendments to this act as he considers appropriate to reflect the effect, in relation to the united kingdom, of a protocol. in subsection (4) “protocol” means a protocol to the convention— which the united kingdom has ratified; or which the united kingdom has signed with a view to ratification. no amendment may be made by an order under subsection (4) so as to come into force before the protocol concerned is in force in relation to the united kingdom. 2. interpretation of convention rights a court or tribunal determining a question which has arisen in connection with a convention right must take into account any— judgment, decision, declaration or advisory opinion of the european court of human rights, opinion of the commission given in a report adopted under article 31 of the convention, decision of the commission in connection with article 26 or 27(2) of the convention, or decision of the committee of ministers taken under article 46 of the convention, whenever made or given, so far as, in the opinion of the court or tribunal, it is relevant to the proceedings in which that question has arisen. evidence of any judgment, decision, declaration or opinion of which account may have to be taken under this section is to be given in proceedings before any court or tribunal in such manner as may be provided by rules. in this section “rules” means rules of court or, in the case of proceedings before a tribunal, rules made for the purposes of this section— by the lord chancellor or the secretary of state, in relation to any proceedings outside scotland; by the secretary of state, in relation to proceedings in scotland; or by a northern ireland department, in relation to proceedings before a tribunal in northern ireland— which deals with transferred matters; and for which no rules made under paragraph (a) are in force. subheading 2. legislation 3. interpretation of legislation so far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the convention rights. this section— applies to primary legislation and subordinate legislation whenever enacted; does not affect the validity, continuing operation or enforcement of any incompatible primary legislation; and does not affect the validity, continuing operation or enforcement of any incompatible subordinate legislation if (disregarding any possibility of revocation) primary legislation prevents removal of the incompatibility. 4. declaration of incompatibility subsection (2) applies in any proceedings in which a court determines whether a provision of primary legislation is compatible with a convention right. if the court is satisfied that the provision is incompatible with a convention right, it may make a declaration of that incompatibility. subsection (4) applies in any proceedings in which a court determines whether a provision of subordinate legislation, made in the exercise of a power conferred by primary legislation, is compatible with a convention right. if the court is satisfied— that the provision is incompatible with a convention right, and that (disregarding any possibility of revocation) the primary legislation concerned prevents removal of the incompatibility,it may make a declaration of that incompatibility. in this section “court” means— the supreme court; the judicial committee of the privy council; the court martial appeal court; in scotland, the high court of justiciary sitting otherwise than as a trial court or the court of session; in england and wales or northern ireland, the high court or the court of appeal. the court of protection, in any matter being dealt with by the president of the family division, the chancellor of the high court or a puisne judge of the high court. a declaration under this section (“a declaration of incompatibility”)— does not affect the validity, continuing operation or enforcement of the provision in respect of which it is given; and is not binding on the parties to the proceedings in which it is made. 5. right of crown to intervene where a court is considering whether to make a declaration of incompatibility, the crown is entitled to notice in accordance with rules of court. in any case to which subsection (1) applies— a minister of the crown (or a person nominated by him), a member of the scottish executive, a northern ireland minister, a northern ireland department, is entitled, on giving notice in accordance with rules of court, to be joined as a party to the proceedings. notice under subsection (2) may be given at any time during the proceedings. a person who has been made a party to criminal proceedings (other than in scotland) as the result of a notice under subsection (2) may, with leave, appeal to the supreme court against any declaration of incompatibility made in the proceedings. in subsection (4)— “criminal proceedings” includes all proceedings before the court martial appeal court; and “leave” means leave granted by the court making the declaration of incompatibility or by the supreme court subheading 3. public authorities 6. acts of public authorities it is unlawful for a public authority to act in a way which is incompatible with a convention right. subsection (1) does not apply to an act if— as the result of one or more provisions of primary legislation, the authority could not have acted differently; or in the case of one or more provisions of, or made under, primary legislation which cannot be read or given effect in a way which is compatible with the convention rights, the authority was acting so as to give effect to or enforce those provisions. in this section “public authority” includes— a court or tribunal, and any person certain of whose functions are functions of a public nature, but does not include either house of parliament or a person exercising functions in connection with proceedings in parliament. [repealed] in relation to a particular act, a person is not a public authority by virtue only of subsection (3)(b) if the nature of the act is private. “an act” includes a failure to act but does not include a failure to— introduce in, or lay before, parliament a proposal for legislation; or make any primary legislation or remedial order. 7. proceedings a person who claims that a public authority has acted (or proposes to act) in a way which is made unlawful by section 6(1) may— bring proceedings against the authority under this act in the appropriate court or tribunal, or rely on the convention right or rights concerned in any legal proceedings,but only if he is (or would be) a victim of the unlawful act. in subsection (1)(a) “appropriate court or tribunal” means such court or tribunal as may be determined in accordance with rules; and proceedings against an authority include a counterclaim or similar proceeding. if the proceedings are brought on an application for judicial review, the applicant is to be taken to have a sufficient interest in relation to the unlawful act only if he is, or would be, a victim of that act. if the proceedings are made by way of a petition for judicial review in scotland, the applicant shall be taken to have title and interest to sue in relation to the unlawful act only if he is, or would be, a victim of that act. proceedings under subsection (1)(a) must be brought before the end of— the period of one year beginning with the date on which the act complained of took place; or such longer period as the court or tribunal considers equitable having regard to all the circumstances,but that is subject to any rule imposing a stricter time limit in relation to the procedure in question. in subsection (1)(b) “legal proceedings” includes— proceedings brought by or at the instigation of a public authority; and an appeal against the decision of a court or tribunal. for the purposes of this section, a person is a victim of an unlawful act only if he would be a victim for the purposes of article 34 of the convention if proceedings were brought in the european court of human rights in respect of that act. nothing in this act creates a criminal offence. in this section “rules” means— in relation to proceedings before a court or tribunal outside scotland, rules made by the lord chancellor or the secretary of state for the purposes of this section or rules of court, in relation to proceedings before a court or tribunal in scotland, rules made by the secretary of state for those purposes, in relation to proceedings before a tribunal in northern ireland— which deals with transferred matters; and for which no rules made under paragraph (a) are in force, rules made by a northern ireland department for those purposes, and includes provision made by order under section 1 of the courts and legal services act 1990. in making rules, regard must be had to section 9. the minister who has power to make rules in relation to a particular tribunal may, to the extent he considers it necessary to ensure that the tribunal can provide an appropriate remedy in relation to an act (or proposed act) of a public authority which is (or would be) unlawful as a result of section 6(1), by order add to— the relief or remedies which the tribunal may grant; or the grounds on which it may grant any of them. an order made under subsection (11) may contain such incidental, supplemental, consequential or transitional provision as the minister making it considers appropriate. “the minister” includes the northern ireland department concerned. 8. judicial remedies in relation to any act (or proposed act) of a public authority which the court finds is (or would be) unlawful, it may grant such relief or remedy, or make such order, within its powers as it considers just and appropriate. but damages may be awarded only by a court which has power to award damages, or to order the payment of compensation, in civil proceedings. no award of damages is to be made unless, taking account of all the circumstances of the case, including— any other relief or remedy granted, or order made, in relation to the act in question (by that or any other court), and the consequences of any decision (of that or any other court) in respect of that act,the court is satisfied that the award is necessary to afford just satisfaction to the person in whose favour it is made. in determining— whether to award damages, or the amount of an award, the court must take into account the principles applied by the european court of human rights in relation to the award of compensation under article 41 of the convention. a public authority against which damages are awarded is to be treated— in scotland, for the purposes of section 3 of the law reform (miscellaneous provisions) (scotland) act 1940 as if the award were made in an action of damages in which the authority has been found liable in respect of loss or damage to the person to whom the award is made; for the purposes of the civil liability (contribution) act 1978 as liable in respect of damage suffered by the person to whom the award is made. in this section— “court” includes a tribunal; “damages” means damages for an unlawful act of a public authority; and “unlawful” means unlawful under section 6(1). 9. judicial acts proceedings under section 7(1)(a) in respect of a judicial act may be brought only— by exercising a right of appeal; on an application (in scotland a petition) for judicial review; or in such other forum as may be prescribed by rules. that does not affect any rule of law which prevents a court from being the subject of judicial review. in proceedings under this act in respect of a judicial act done in good faith, damages may not be awarded otherwise than to compensate a person to the extent required by article 5(5) of the convention. an award of damages permitted by subsection (3) is to be made against the crown; but no award may be made unless the appropriate person, if not a party to the proceedings, is joined. in this section— “appropriate person” means the minister responsible for the court concerned, or a person or government department nominated by him; “court” includes a tribunal; “judge” includes a member of a tribunal, a justice of the peace (or, in northern ireland, a lay magistrate) and a clerk or other officer entitled to exercise the jurisdiction of a court; “judicial act” means a judicial act of a court and includes an act done on the instructions, or on behalf, of a judge; and “rules” has the same meaning as in section 7(9). subheading 4. remedial action 10. power to take remedial action this section applies if— a provision of legislation has been declared under section 4 to be incompatible with a convention right and, if an appeal lies— all persons who may appeal have stated in writing that they do not intend to do so; the time for bringing an appeal has expired and no appeal has been brought within that time; or an appeal brought within that time has been determined or abandoned; or it appears to a minister of the crown or her majesty in council that, having regard to a finding of the european court of human rights made after the coming into force of this section in proceedings against the united kingdom, a provision of legislation is incompatible with an obligation of the united kingdom arising from the convention. if a minister of the crown considers that there are compelling reasons for proceeding under this section, he may by order make such amendments to the legislation as he considers necessary to remove the incompatibility. if, in the case of subordinate legislation, a minister of the crown considers— that it is necessary to amend the primary legislation under which the subordinate legislation in question was made, in order to enable the incompatibility to be removed, and that there are compelling reasons for proceeding under this section, he may by order make such amendments to the primary legislation as he considers necessary. this section also applies where the provision in question is in subordinate legislation and has been quashed, or declared invalid, by reason of incompatibility with a convention right and the minister proposes to proceed under paragraph 2(b) of schedule 2. if the legislation is an order in council, the power conferred by subsection (2) or (3) is exercisable by her majesty in council. in this section “legislation” does not include a measure of the church assembly or of the general synod of the church of england. schedule 2 makes further provision about remedial orders. subheading 5. other rights and proceedings 11. safeguard for existing human rights a person’s reliance on a convention right does not restrict— any other right or freedom conferred on him by or under any law having effect in any part of the united kingdom; or his right to make any claim or bring any proceedings which he could make or bring apart from sections 7 to 9. 12. freedom of expression this section applies if a court is considering whether to grant any relief which, if granted, might affect the exercise of the convention right to freedom of expression. if the person against whom the application for relief is made (“the respondent”) is neither present nor represented, no such relief is to be granted unless the court is satisfied— that the applicant has taken all practicable steps to notify the respondent; or that there are compelling reasons why the respondent should not be notified. no such relief is to be granted so as to restrain publication before trial unless the court is satisfied that the applicant is likely to establish that publication should not be allowed. the court must have particular regard to the importance of the convention right to freedom of expression and, where the proceedings relate to material which the respondent claims, or which appears to the court, to be journalistic, literary or artistic material (or to conduct connected with such material), to— the extent to which— the material has, or is about to, become available to the public; or it is, or would be, in the public interest for the material to be published; any relevant privacy code. in this section— “court” includes a tribunal; and “relief” includes any remedy or order (other than in criminal proceedings). 13. freedom of thought, conscience and religion if a court’s determination of any question arising under this act might affect the exercise by a religious organisation (itself or its members collectively) of the convention right to freedom of thought, conscience and religion, it must have particular regard to the importance of that right. in this section “court” includes a tribunal. subheading 6. derogations and reservations 14. derogations in this act “designated derogation” means— any derogation by the united kingdom from an article of the convention, or of any protocol to the convention, which is designated for the purposes of this act in an order made by the secretary of state. [repealed] if a designated derogation is amended or replaced it ceases to be a designated derogation. but subsection (3) does not prevent the secretary of state from exercising his power under subsection (1) to make a fresh designation order in respect of the article concerned. the secretary of state must by order make such amendments to schedule 3 as he considers appropriate to reflect— any designation order; or the effect of subsection (3). a designation order may be made in anticipation of the making by the united kingdom of a proposed derogation. 15. reservations in this act “designated reservation” means— the united kingdom’s reservation to article 2 of the first protocol to the convention; and any other reservation by the united kingdom to an article of the convention, or of any protocol to the convention, which is designated for the purposes of this act in an order made by the secretary of state . the text of the reservation referred to in subsection (1)(a) is set out in part ii of schedule 3. if a designated reservation is withdrawn wholly or in part it ceases to be a designated reservation. but subsection (3) does not prevent the secretary of state from exercising his power under subsection (1)(b) to make a fresh designation order in respect of the article concerned. secretary of state must by order make such amendments to this act as he considers appropriate to reflect— any designation order; or the effect of subsection (3). 16. period for which designated derogations have effect if it has not already been withdrawn by the united kingdom, a designated derogation ceases to have effect for the purposes of this act— at the end of the period of five years beginning with the date on which the order designating it was made. at any time before the period— fixed by subsection (1), or extended by an order under this subsection, comes to an end, the secretary of state may by order extend it by a further period of five years. an order under section 14(1) ceases to have effect at the end of the period for consideration, unless a resolution has been passed by each house approving the order. subsection (3) does not affect— anything done in reliance on the order; or the power to make a fresh order under section 14(1). in subsection (3) “period for consideration” means the period of forty days beginning with the day on which the order was made. in calculating the period for consideration, no account is to be taken of any time during which— parliament is dissolved or prorogued; or both houses are adjourned for more than four days. if a designated derogation is withdrawn by the united kingdom, the secretary of state must by order make such amendments to this act as he considers are required to reflect that withdrawal. 17. periodic review of designated reservations the appropriate minister must review the designated reservation referred to in section 15(1)(a)— before the end of the period of five years beginning with the date on which section 1(2) came into force; and if that designation is still in force, before the end of the period of five years beginning with the date on which the last report relating to it was laid under subsection (3). the appropriate minister must review each of the other designated reservations (if any)— before the end of the period of five years beginning with the date on which the order designating the reservation first came into force; and if the designation is still in force, before the end of the period of five years beginning with the date on which the last report relating to it was laid under subsection (3). the minister conducting a review under this section must prepare a report on the result of the review and lay a copy of it before each house of parliament. subheading 7. judges of the european court of human rights 18. appointment to european court of human rights in this section “judicial office” means the office of— lord justice of appeal, justice of the high court or circuit judge, in england and wales; judge of the court of session or sheriff, in scotland; lord justice of appeal, judge of the high court or county court judge, in northern ireland. the holder of a judicial office may become a judge of the european court of human rights (“the court”) without being required to relinquish his office. but he is not required to perform the duties of his judicial office while he is a judge of the court. in respect of any period during which he is a judge of the court— a lord justice of appeal or justice of the high court is not to count as a judge of the relevant court for the purposes of section 2(1) or 4(1) of the senior courts act 1981 (maximum number of judges) nor as a judge of the senior courts for the purposes of section 12(1) to (6) of that act (salaries etc.); a judge of the court of session is not to count as a judge of that court for the purposes of section 1(1) of the court of session act 1988 (maximum number of judges) or of section 9(1)(c) of the administration of justice act 1973 (“the 1973 act”) (salaries etc.); a lord justice of appeal or judge of the high court in northern ireland is not to count as a judge of the relevant court for the purposes of section 2(1) or 3(1) of the judicature (northern ireland) act 1978 (maximum number of judges) nor as a judge of the court of judicature of northern ireland for the purposes of section 9(1)(d) of the 1973 act (salaries etc.); a circuit judge is not to count as such for the purposes of section 18 of the courts act 1971 (salaries etc.); a sheriff is not to count as such for the purposes of section 14 of the sheriff courts (scotland) act 1907 (salaries etc.); a county court judge of northern ireland is not to count as such for the purposes of section 106 of the county courts act northern ireland) 1959 (salaries etc.). if a sheriff principal is appointed a judge of the court, section 11(1) of the sheriff courts (scotland) act 1971 (temporary appointment of sheriff principal) applies, while he holds that appointment, as if his office is vacant. schedule 4 makes provision about judicial pensions in relation to the holder of a judicial office who serves as a judge of the court. the lord chancellor or the secretary of state may by order make such transitional provision (including, in particular, provision for a temporary increase in the maximum number of judges) as he considers appropriate in relation to any holder of a judicial office who has completed his service as a judge of the court. the following paragraphs apply to the making of an order under subsection (7) in relation to any holder of a judicial office listed in subsection (1)(a)— before deciding what transitional provision it is appropriate to make, the person making the order must consult the lord chief justice of england and wales; before making the order, that person must consult the lord chief justice of england and wales. the following paragraphs apply to the making of an order under subsection (7) in relation to any holder of a judicial office listed in subsection (1)(c)— before deciding what transitional provision it is appropriate to make, the person making the order must consult the lord chief justice of northern ireland; before making the order, that person must consult the lord chief justice of northern ireland. the lord chief justice of england and wales may nominate a judicial office holder (within the meaning of section 109(4) of the constitutional reform act 2005) to exercise his functions under this section. the lord chief justice of northern ireland may nominate any of the following to exercise his functions under this section— the holder of one of the offices listed in schedule 1 to the justice (northern ireland) act 2002; a lord justice of appeal (as defined in section 88 of that act). subheading 8. parliamentary procedure 19. statements of compatibility a minister of the crown in charge of a bill in either house of parliament must, before second reading of the bill— make a statement to the effect that in his view the provisions of the bill are compatible with the convention rights (“a statement of compatibility”); or make a statement to the effect that although he is unable to make a statement of compatibility the government nevertheless wishes the house to proceed with the bill. the statement must be in writing and be published in such manner as the minister making it considers appropriate. subheading 9. supplemental 20. orders etc. under this act any power of a minister of the crown to make an order under this act is exercisable by statutory instrument. the power of the lord chancellor or the secretary of state to make rules (other than rules of court) under section 2(3) or 7(9) is exercisable by statutory instrument. any statutory instrument made under section 14, 15 or 16(7) must be laid before parliament. no order may be made by the lord chancellor or the secretary of state under section 1(4), 7(11) or 16(2) unless a draft of the order has been laid before, and approved by, each house of parliament. any statutory instrument made under section 18(7) or schedule 4, or to which subsection (2) applies, shall be subject to annulment in pursuance of a resolution of either house of parliament. the power of a northern ireland department to make— rules under section 2(3)(c) or 7(9)(c), or an order under section 7(11),is exercisable by statutory rule for the purposes of the statutory rules (northern ireland) order 1979. any rules made under section 2(3)(c) or 7(9)(c) shall be subject to negative resolution; and section 41(6) of the interpretation act northern ireland) 1954 (meaning of “subject to negative resolution”) shall apply as if the power to make the rules were conferred by an act of the northern ireland assembly. no order may be made by a northern ireland department under section 7(11) unless a draft of the order has been laid before, and approved by, the northern ireland assembly. 21. interpretation, etc in this act— “amend” includes repeal and apply (with or without modifications); “the appropriate minister” means the minister of the crown having charge of the appropriate authorised government department (within the meaning of the crown proceedings act 1947); “the commission” means the european commission of human rights; “the convention” means the convention for the protection of human rights and fundamental freedoms, agreed by the council of europe at rome on 4th november 1950 as it has effect for the time being in relation to the united kingdom; “declaration of incompatibility” means a declaration under section 4; “minister of the crown” has the same meaning as in the ministers of the crown act 1975; “northern ireland minister” includes the first minister and the deputy first minister in northern ireland; “primary legislation” means any— public general act; local and personal act; private act; measure of the church assembly; measure of the general synod of the church of england; order in council— made in exercise of her majesty’s royal prerogative; made under section 38(1)(a) of the northern ireland constitution act 1973 or the corresponding provision of the northern ireland act 1998; or amending an act of a kind mentioned in paragraph (a), (b) or (c); and includes an order or other instrument made under primary legislation (otherwise than by the welsh ministers, the first minister for wales, the counsel general to the welsh assembly government, a member of the scottish executive, a northern ireland minister or a northern ireland department) to the extent to which it operates to bring one or more provisions of that legislation into force or amends any primary legislation; “the first protocol” means the protocol to the convention agreed at paris on 20th march 1952; [omitted] “the eleventh protocol” means the protocol to the convention (restructuring the control machinery established by the convention) agreed at strasbourg on 11th may 1994; “the thirteenth protocol” means the protocol to the convention (concerning the abolition of the death penalty in all circumstances) agreed at vilnius on 3rd may 2002; “remedial order” means an order under section 10; “subordinate legislation” means any— order in council other than one— made in exercise of her majesty’s royal prerogative; made under section 38(1)(a) of the northern ireland constitution act 1973 or the corresponding provision of the northern ireland act 1998; or amending an act of a kind mentioned in the definition of primary legislation; act of the scottish parliament; measure of the national assembly for wales; act of the national assembly for wales; act of the parliament of northern ireland; measure of the assembly established under section 1 of the northern ireland assembly act 1973; act of the northern ireland assembly; order, rules, regulations, scheme, warrant, byelaw or other instrument made under primary legislation (except to the extent to which it operates to bring one or more provisions of that legislation into force or amends any primary legislation); order, rules, regulations, scheme, warrant, byelaw or other instrument made under legislation mentioned in paragraph (b), (c), (d) or (e) or made under an order in council applying only to northern ireland; order, rules, regulations, scheme, warrant, byelaw or other instrument made by a member of the scottish executive, welsh ministers, the first minister for wales, the counsel general to the welsh assembly government, a northern ireland minister or a northern ireland department in exercise of prerogative or other executive functions of her majesty which are exercisable by such a person on behalf of her majesty; “transferred matters” has the same meaning as in the northern ireland act 1998; and “tribunal” means any tribunal in which legal proceedings may be brought. the references in paragraphs (b) and (c) of section 2(1) to articles are to articles of the convention as they had effect immediately before the coming into force of the eleventh protocol. the reference in paragraph (d) of section 2(1) to article 46 includes a reference to articles 32 and 54 of the convention as they had effect immediately before the coming into force of the eleventh protocol. the references in section 2(1) to a report or decision of the commission or a decision of the committee of ministers include references to a report or decision made as provided by paragraphs 3, 4 and 6 of article 5 of the eleventh protocol (transitional provisions). [repealed] 22. short title, commencement, application and extent this act may be cited as the human rights act 1998. sections 18, 20 and 21(5) and this section come into force on the passing of this act. the other provisions of this act come into force on such day as the secretary of state may by order appoint; and different days may be appointed for different purposes. paragraph (b) of subsection (1) of section 7 applies to proceedings brought by or at the instigation of a public authority whenever the act in question took place; but otherwise that subsection does not apply to an act taking place before the coming into force of that section. this act binds the crown. this act extends to northern ireland. [repealed] schedules schedule 1. the articles part i. the convention rights and freedoms article 2. right to life everyone’s right to life shall be protected by law. no one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law. deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary: in defence of any person from unlawful violence; in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; in action lawfully taken for the purpose of quelling a riot or insurrection. article 3. prohibition of torture no one shall be subjected to torture or to inhuman or degrading treatment or punishment. article 4. prohibition of slavery and forced labour no one shall be held in slavery or servitude. no one shall be required to perform forced or compulsory labour. for the purpose of this article the term “forced or compulsory labour” shall not include: any work required to be done in the ordinary course of detention imposed according to the provisions of article 5 of this convention or during conditional release from such detention; any service of a military character or, in case of conscientious objectors in countries where they are recognised, service exacted instead of compulsory military service; any service exacted in case of an emergency or calamity threatening the life or well-being of the community; any work or service which forms part of normal civic obligations. article 5. right to liberty and security everyone has the right to liberty and security of person. no one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: the lawful detention of a person after conviction by a competent court; the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law; the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so; the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority; the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants; the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition. everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him. everyone arrested or detained in accordance with the provisions of paragraph 1(c) of this article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. release may be conditioned by guarantees to appear for trial. everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful. everyone who has been the victim of arrest or detention in contravention of the provisions of this article shall have an enforceable right to compensation. article 6. right to a fair trial in the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice. everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. everyone charged with a criminal offence has the following minimum rights: to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him; to have adequate time and facilities for the preparation of his defence; to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require; to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; to have the free assistance of an interpreter if he cannot understand or speak the language used in court. article 7. no punishment without law no one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed. this article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognised by civilised nations. article 8. right to respect for private and family life everyone has the right to respect for his private and family life, his home and his correspondence. there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. article 9. freedom of thought, conscience and religion everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance. freedom to manifest one’s religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others. article 10. freedom of expression everyone has the right to freedom of expression. this right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. this article shall not prevent states from requiring the licensing of broadcasting, television or cinema enterprises. the exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. article 11. freedom of assembly and association everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests. no restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. this article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the state. article 12. right to marry men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right. article 14. prohibition of discrimination the enjoyment of the rights and freedoms set forth in this convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. article 16. restrictions on political activity of aliens nothing in articles 10, 11 and 14 shall be regarded as preventing the high contracting parties from imposing restrictions on the political activity of aliens. article 17. prohibition of abuse of rights nothing in this convention may be interpreted as implying for any state, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the convention. article 18. limitation on use of restrictions on rights the restrictions permitted under this convention to the said rights and freedoms shall not be applied for any purpose other than those for which they have been prescribed. part ii. the first protocol article 1. protection of property every natural or legal person is entitled to the peaceful enjoyment of his possessions. no one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law. the preceding provisions shall not, however, in any way impair the right of a state to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties. article 2. right to education no person shall be denied the right to education. in the exercise of any functions which it assumes in relation to education and to teaching, the state shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions. article 3. right to free elections the high contracting parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature. part iii. the thirteenth protocol article 1. abolition of the death penalty the death penalty shall be abolished. no one shall be condemned to such penalty or executed. schedule 2. remedial orders subheading 1. orders 1 a remedial order may— contain such incidental, supplemental, consequential or transitional provision as the person making it considers appropriate; be made so as to have effect from a date earlier than that on which it is made; make provision for the delegation of specific functions; make different provision for different cases. the power conferred by sub-paragraph (1)(a) includes— power to amend primary legislation (including primary legislation other than that which contains the incompatible provision); and power to amend or revoke subordinate legislation (including subordinate legislation other than that which contains the incompatible provision). a remedial order may be made so as to have the same extent as the legislation which it affects. no person is to be guilty of an offence solely as a result of the retrospective effect of a remedial order. subheading 2. procedure no remedial order may be made unless— a draft of the order has been approved by a resolution of each house of parliament made after the end of the period of 60 days beginning with the day on which the draft was laid; or it is declared in the order that it appears to the person making it that, because of the urgency of the matter, it is necessary to make the order without a draft being so approved. subheading 3. orders laid in draft 3 no draft may be laid under paragraph 2(a) unless— the person proposing to make the order has laid before parliament a document which contains a draft of the proposed order and the required information; and the period of 60 days, beginning with the day on which the document required by this sub-paragraph was laid, has ended. if representations have been made during that period, the draft laid under paragraph 2(a) must be accompanied by a statement containing— a summary of the representations; and if, as a result of the representations, the proposed order has been changed, details of the changes. subheading 4. urgent cases 4 if a remedial order (“the original order”) is made without being approved in draft, the person making it must lay it before parliament, accompanied by the required information, after it is made. if representations have been made during the period of 60 days beginning with the day on which the original order was made, the person making it must (after the end of that period) lay before parliament a statement containing— a summary of the representations; and if, as a result of the representations, he considers it appropriate to make changes to the original order, details of the changes. if sub-paragraph (2)(b) applies, the person making the statement must— make a further remedial order replacing the original order; and lay the replacement order before parliament. if, at the end of the period of 120 days beginning with the day on which the original order was made, a resolution has not been passed by each house approving the original or replacement order, the order ceases to have effect (but without that affecting anything previously done under either order or the power to make a fresh remedial order). subheading 5. definitions in this schedule— “representations” means representations about a remedial order (or proposed remedial order) made to the person making (or proposing to make) it and includes any relevant parliamentary report or resolution; and “required information” means— an explanation of the incompatibility which the order (or proposed order) seeks to remove, including particulars of the relevant declaration, finding or order; and a statement of the reasons for proceeding under section 10 and for making an order in those terms. subheading 6. calculating periods in calculating any period for the purposes of this schedule, no account is to be taken of any time during which— parliament is dissolved or prorogued; or both houses are adjourned for more than four days. 7 this paragraph applies in relation to– any remedial order made, and any draft of such an order proposed to be made,– by the scottish ministers; or within devolved competence (within the meaning of the scotland act 1998) by her majesty in council; and any document or statement to be laid in connection with such an order (or proposed order). this schedule has effect in relation to any such order (or proposed order), document or statement subject to the following modifications. any reference to parliament, each house of parliament or both houses of parliament shall be construed as a reference to the scottish parliament. paragraph 6 does not apply and instead, in calculating any period for the purposes of this schedule, no account is to be taken of any time during which the scottish parliament is dissolved or is in recess for more than four days. schedule 3. derogation and reservation part i [repealed] part ii. reservation at the time of signing the present (first) protocol, i declare that, in view of certain provisions of the education acts in the united kingdom, the principle affirmed in the second sentence of article 2 is accepted by the united kingdom only so far as it is compatible with the provision of efficient instruction and training, and the avoidance of unreasonable public expenditure. dated 20 march 1952 made by the united kingdom permanent representative to the council of europe. schedule 4. judicial pensions subheading 1. duty to make orders about pensions 1 the appropriate minister must by order make provision with respect to pensions payable to or in respect of any holder of a judicial office who serves as an echr judge. a pensions order must include such provision as the minister making it considers is necessary to secure that— an echr judge who was, immediately before his appointment as an echr judge, a member of a judicial pension scheme is entitled to remain as a member of that scheme; the terms on which he remains a member of the scheme are those which would have been applicable had he not been appointed as an echr judge; and entitlement to benefits payable in accordance with the scheme continues to be determined as if, while serving as an echr judge, his salary was that which would (but for section 18(4)) have been payable to him in respect of his continuing service as the holder of his judicial office. subheading 2. contributions a pensions order may, in particular, make provision— for any contributions which are payable by a person who remains a member of a scheme as a result of the order, and which would otherwise be payable by deduction from his salary, to be made otherwise than by deduction from his salary as an echr judge; and for such contributions to be collected in such manner as may be determined by the administrators of the scheme. subheading 3. amendments of other enactments a pensions order may amend any provision of, or made under, a pensions act in such manner and to such extent as the minister making the order considers necessary or expedient to ensure the proper administration of any scheme to which it relates. subheading 4. definitions in this schedule— “appropriate minister” means— “echr judge” means the holder of a judicial office who is serving as a judge of the court; “judicial pension scheme” means a scheme established by and in accordance with a pensions act; “pensions act” means— the county courts act northern ireland) 1959; the sheriffs’ pensions (scotland) act 1961; the judicial pensions act 1981; or the judicial pensions and retirement act 1993; the public service pensions act 2013; and “pensions order” means an order made under paragraph 1. house of lords act 1999 preamble an act to restrict membership of the house of lords by virtue of a hereditary peerage; to make related provision about disqualifications for voting at elections to, and for membership of, the house of commons; and for connected purposes. [11th november 1999] be it enacted by the queen’s most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, as follows:— 1. exclusion of hereditary peers no-one shall be a member of the house of lords by virtue of a hereditary peerage. 2. exception from section 1 section 1 shall not apply in relation to anyone excepted from it by or in accordance with standing orders of the house. at any one time 90 people shall be excepted from section 1; but anyone excepted as holder of the office of earl marshal, or as performing the office of lord great chamberlain, shall not count towards that limit. once excepted from section 1, a person shall continue to be so throughout his life (until an act of parliament provides to the contrary). standing orders shall make provision for filling vacancies among the people excepted from section 1; and in any case where— the vacancy arises on a death occurring after the end of the first session of the next parliament after that in which this act is passed, and the deceased person was excepted in consequence of an election, that provision shall require the holding of a by-election. a person may be excepted from section 1 by or in accordance with standing orders made in anticipation of the enactment or commencement of this section. any question whether a person is excepted from section 1 shall be decided by the clerk of the parliaments, whose certificate shall be conclusive. 3. removal of disqualifications in relation to the house of commons the holder of a hereditary peerage shall not be disqualified by virtue of that peerage for— voting at elections to the house of commons, or being, or being elected as, a member of that house. subsection (1) shall not apply in relation to anyone excepted from section 1 by virtue of section 2. 4. amendments and repeals the enactments mentioned in schedule 1 are amended as specified there. the enactments mentioned in schedule 2 are repealed to the extent specified there. 5. commencement and transitional provision sections 1 to 4 (including schedules 1 and 2) shall come into force at the end of the session of parliament in which this act is passed. accordingly, any writ of summons issued for the present parliament in right of a hereditary peerage shall not have effect after that session unless it has been issued to a person who, at the end of the session, is excepted from section 1 by virtue of section 2. the secretary of state may by order make such transitional provision about the entitlement of holders of hereditary peerages to vote at elections to the house of commons or the european parliament as he considers appropriate. an order under this section— may modify the effect of any enactment or any provision made under an enactment, and shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either house of parliament. 6. interpretation and short title in this act “hereditary peerage” includes the principality of wales and the earldom of chester. this act may be cited as the house of lords act 1999. [schedules omitted due to length full text of schedules can be found online at http://www.legislation.gov.uk/ukpga/1999/34/schedules] constitutional reform act 2005 preamble an act to make provision for modifying the office of lord chancellor, and to make provision relating to the functions of that office; to establish a supreme court of the united kingdom, and to abolish the appellate jurisdiction of the house of lords; to make provision about the jurisdiction of the judicial committee of the privy council and the judicial functions of the president of the council; to make other provision about the judiciary, their appointment and discipline; and for connected purposes. [24th march 2005] be it enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, as follows:— part 1. the rule of law 1. the rule of law this act does not adversely affect— the existing constitutional principle of the rule of law, or the lord chancellor's existing constitutional role in relation to that principle. part 2. arrangements to modify the office of lord chancellor subheading 1. qualifications for office of lord chancellor 2. lord chancellor to be qualified by experience a person may not be recommended for appointment as lord chancellor unless he appears to the prime minister to be qualified by experience. the prime minister may take into account any of these— experience as a minister of the crown; experience as a member of either house of parliament; experience as a qualifying practitioner; experience as a teacher of law in a university; other experience that the prime minister considers relevant. in this section “qualifying practitioner” means any of these— a person who has a senior courts qualification, within the meaning of section 71 of the courts and legal services act 1990 (c. 41); an advocate in scotland or a solicitor entitled to appear in the court of session and the high court of justiciary; a member of the bar of northern ireland or a solicitor of the court of judicature of northern ireland. subheading 2. continued judicial independence 3. guarantee of continued judicial independence the lord chancellor, other ministers of the crown and all with responsibility for matters relating to the judiciary or otherwise to the administration of justice must uphold the continued independence of the judiciary. subsection (1) does not impose any duty which it would be within the legislative competence of the scottish parliament to impose. a person is not subject to the duty imposed by subsection (1) if he is subject to the duty imposed by section 1(1) of the justice (northern ireland) act 2002 (c. 26). the following particular duties are imposed for the purpose of upholding that independence. the lord chancellor and other ministers of the crown must not seek to influence particular judicial decisions through any special access to the judiciary. the lord chancellor must have regard to— the need to defend that independence; the need for the judiciary to have the support necessary to enable them to exercise their functions; the need for the public interest in regard to matters relating to the judiciary or otherwise to the administration of justice to be properly represented in decisions affecting those matters. in this section “the judiciary” includes the judiciary of any of the following— the supreme court; any other court established under the law of any part of the united kingdom; any international court. in this section “the judiciary” also includes every person who— holds an office listed in schedule 14 or holds an office listed in subsection (7b), and but for this subsection would not be a member of the judiciary for the purposes of this section. the offices are those of— senior president of tribunals; president of employment tribunals (scotland); vice president of employment tribunals (scotland); member of a panel of employment judges (scotland); member of a panel of members of employment tribunals that is not a panel of employment judges; [omitted] in subsection (7) “international court” means the international court of justice or any other court or tribunal which exercises jurisdiction, or performs functions of a judicial nature, in pursuance of— an agreement to which the united kingdom or her majesty's government in the united kingdom is a party, or a resolution of the security council or general assembly of the united nations. 4. guarantee of continued judicial independence: northern ireland for section 1 of the justice (northern ireland) act 2002 (c. 26) (guarantee of continued judicial independence) substitute— “ 1 guarantee of continued judicial independence (1) the following persons must uphold the continued independence of the judiciary— (a) the first minister, (b) the deputy first minister, (c) northern ireland ministers, and (d) all with responsibility for matters relating to the judiciary or otherwise to the administration of justice, where that responsibility is to be discharged only in or as regards northern ireland. (2) the following particular duty is imposed for the purpose of upholding that independence. (3) the first minister, the deputy first minister and northern ireland ministers must not seek to influence particular judicial decisions through any special access to the judiciary. (4) in this section “the judiciary” includes the judiciary of any of the following— (a) the supreme court; (b) any other court established under the law of any part of the united kingdom; (c)any international court. (5) in subsection (4) “international court” means the international court of justice or any other court or tribunal which exercises jurisdiction, or performs functions of a judicial nature, in pursuance of— (a) an agreement to which the united kingdom or her majesty's government in the united kingdom is a party, or (b) a resolution of the security council or general assembly of the united nations.” (2) in section 91(2) of that act (extent: provisions not restricted to northern ireland), before paragraph (a) insert— “(za) section 1,”. subheading 3. representations by senior judges 5. representations to parliament the chief justice of any part of the united kingdom may lay before parliament written representations on matters that appear to him to be matters of importance relating to the judiciary, or otherwise to the administration of justice, in that part of the united kingdom. in relation to scotland those matters do not include matters within the legislative competence of the scottish parliament, unless they are matters to which a bill for an act of parliament relates. in relation to northern ireland those matters do not include transferred matters within the legislative competence of the northern ireland assembly, unless they are matters to which a bill for an act of parliament relates. in subsection (3) the reference to transferred matters has the meaning given by section 4(1) of the northern ireland act 1998 (c. 47). in this section “chief justice” means— in relation to england and wales or northern ireland, the lord chief justice of that part of the united kingdom; in relation to scotland, the lord president of the court of session. 6. representations to the northern ireland assembly the lord chief justice of northern ireland may lay before the northern ireland assembly written representations on matters within subsection (2) that appear to him to be matters of importance relating to the judiciary, or otherwise to the administration of justice, in northern ireland. the matters are— excepted or reserved matters to which a bill for an act of the northern ireland assembly relates; transferred matters within the legislative competence of the northern ireland assembly, unless they are matters to which a bill for an act of parliament relates. in subsection (2) references to excepted, reserved and transferred matters have the meaning given by section 4(1) of the northern ireland act 1998. subheading 4. judiciary and courts in england and wales 7. president of the courts of england and wales the lord chief justice holds the office of president of the courts of england and wales and is head of the judiciary of england and wales. as president of the courts of england and wales he is responsible— for representing the views of the judiciary of england and wales to parliament, to the lord chancellor and to ministers of the crown generally; for the maintenance of appropriate arrangements for the welfare, training and guidance of the judiciary of england and wales within the resources made available by the lord chancellor; for the maintenance of appropriate arrangements for the deployment of the judiciary of england and wales and the allocation of work within courts. the president of the courts of england and wales is president of the courts listed in subsection (4) and is entitled to sit in any of those courts. the courts are— the court of appeal the high court the crown court the family court the county court the magistrates' courts. in section 1 of the supreme court act 1981 (c. 54), subsection (2)(lord chancellor to be president of the supreme court of england and wales) ceases to have effect. 8. head and deputy head of criminal justice there is to be a head of criminal justice. the head of criminal justice is— the lord chief justice, or if the lord chief justice appoints another person, that person. the lord chief justice may appoint a person to be deputy head of criminal justice. the lord chief justice must not appoint a person under subsection (2)(b) or (3) unless these conditions are met— the lord chief justice has consulted the lord chancellor; the person to be appointed is a judge of the court of appeal. a person appointed under subsection (2)(b) or (3) holds the office to which he is appointed in accordance with the terms of his appointment. 9. head and deputy head of family justice the president of the family division is head of family justice. the lord chief justice may appoint a person to be deputy head of family justice. the lord chief justice must not appoint a person under subsection (2) unless these conditions are met— the lord chief justice has consulted the lord chancellor; the person to be appointed is an ordinary judge of the court of appeal. a person appointed as deputy head of family justice holds that office in accordance with the terms of his appointment. subheading 5. judiciary and courts in northern ireland the lord chancellor and northern ireland courts in the judicature (northern ireland) act 1978 (c. 23) after section 68 insert— “68a lord chancellor's duty (1) the lord chancellor is under a duty to ensure that there is an efficient and effective system to support the carrying on of the business of— (a) the supreme court, (b) county courts, (c) magistrates' courts, and (d) coroners' courts, and that appropriate services are provided for those courts. (2) the lord chancellor must, within 18 months of the coming into force of this section, and afterwards annually, prepare and lay before both houses of parliament a report as to the way in which he has discharged his duty under subsection (1).” 11. lord chief justice of northern ireland for subsection (1) of section 12 of the justice (northern ireland) act 2002 (c. 26) (role of the lord chief justice) substitute— “(1a) the lord chief justice holds the office of president of the courts of northern ireland and is head of the judiciary of northern ireland. (1b) as president of the courts of northern ireland he is responsible— (a) for representing the views of the judiciary of northern ireland to parliament, the lord chancellor and ministers of the crown generally; (b) for representing the views of the judiciary of northern ireland to the northern ireland assembly, the first minister and deputy first minister and northern ireland ministers; (c) for the maintenance of appropriate arrangements for the welfare, training and guidance of the judiciary of northern ireland within the resources made available by the lord chancellor; (d) for the maintenance of appropriate arrangements for the deployment of the judiciary of northern ireland and the allocation of work within courts. (1c) the president of the courts of northern ireland is president of the courts listed in subsection (1d) and is entitled to sit in any of those courts. (1d) the courts are— the court of appeal the high court the crown court the county courts the magistrates' courts.” subheading 6. other provisions about the judiciary and courts 12. powers to make rules part 1 of schedule 1 sets out a process for the exercise of rule-making powers. part 2 of the schedule contains amendments of acts that contain rule-making powers. those amendments— provide for those powers to be exercised in accordance with the process set out in part 1 of the schedule, and make consequential provision. 13. powers to give directions part 1 of schedule 2 sets out a process for the exercise of powers to give directions. part 2 of the schedule contains amendments of acts that contain powers to give directions. those amendments— provide for those powers to be exercised in accordance with the process set out in part 1 of the schedule, and make consequential provision. 14. transfer of appointment functions to her majesty schedule 3 provides for— her majesty instead of the lord chancellor to make appointments to certain offices, and the modification of enactments relating to those offices. 15. other functions of the lord chancellor and organisation of the courts schedule 4 provides for— the transfer of functions to or from the lord chancellor, the modification of other functions of the lord chancellor, the modification of enactments relating to those functions, and the modification of enactments relating to the organisation of the courts. schedule 5 makes similar provision about functions under legislation relating to northern ireland. 16. functions of the lord chief justice during vacancy or incapacity this section applies during any period when— the office of lord chief justice is vacant, or the lord chief justice is incapacitated. during such a period— any function of the lord chief justice may be exercised by the senior head of division; anything which falls to be done in relation to the lord chief justice may be done in relation to the senior head of division. the senior head of division is— the master of the rolls, or the president of the queen's bench division, if the office in paragraph (a) is vacant, or the president of the family division, if the offices in paragraphs (a) and (b) are vacant, or the chancellor of the high court, if the offices in paragraphs (a), (b) and (c) are vacant. for the purposes of this section— the lord chief justice is to be regarded as incapacitated only if at least three of the heads of division declare in writing that they are satisfied that he is incapacitated; in such a case, the lord chief justice is to be regarded as incapacitated until at least three of the heads of division declare in writing that they are satisfied that he is no longer incapacitated. in this section— “lord chief justice” means the lord chief justice of england and wales; “incapacitated”, in relation to the lord chief justice, means unable to exercise the functions of that office; “head of division” means each of the office holders referred to in subsection (3). subheading 7. lord chancellor's oath 17. lord chancellor's oath in the promissory oaths act 1868 (c. 72) after section 6 insert— “6a lord chancellor's oath (1 )the oath set out in subsection (2) shall be tendered to and taken by the lord chancellor, after and in the same manner as the official oath, as soon as may be after his acceptance of office. (2) the oath is— “i,     , do swear that in the office of lord high chancellor of great britain i will respect the rule of law, defend the independence of the judiciary and discharge my duty to ensure the provision of resources for the efficient and effective support of the courts for which i am responsible.     so help me god.”.” the section inserted by subsection (1) does not apply in the case of acceptance of office before the coming into force of this section. subheading 8. speakership of the house of lords 18. speakership of the house of lords schedule 6 contains amendments relating to the speakership of the house of lords. subheading 9. functions subject to transfer, modification or abolition 19. transfer, modification or abolition of functions by order the lord chancellor may by order make provision for any of these purposes— to transfer an existing function of the lord chancellor to another person; to direct that an existing function of the lord chancellor is to be exercisable concurrently with another person; to direct that an existing function of the lord chancellor exercisable concurrently with another person is to cease to be exercisable by the lord chancellor; to modify an existing function of the lord chancellor; to abolish an existing function of the lord chancellor. an order under subsection (1) may in particular— amend or repeal any of the following— an enactment other than one contained in an act passed, or northern ireland legislation passed or made, after the session in which this act is passed; subordinate legislation other than subordinate legislation made under an act passed, or northern ireland legislation passed or made, after the session in which this act is passed; any other instrument or document, including a prerogative instrument; include— any supplementary, incidental or consequential provision, and any transitory, transitional or saving provision, which the lord chancellor considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to, provision made under subsection (1). the amendments that may be made by virtue of subsection (2)(a) are in addition to those made by or under any other provision of this act. an order under subsection (1) may not include provision that may be made under section 1(1) of the ministers of the crown act 1975 (c. 26) (power to transfer functions to other ministers etc). an order under subsection (1) may not be made in relation to any function of the lord chancellor that is within schedule 7. an order under subsection (1) may amend schedule 7 so as to include any function which, by virtue of provision in the order— becomes exercisable by the lord chancellor concurrently with another person, or is modified. an order under subsection (1) may not, to the extent that it amends schedule 7, be revoked by another order under subsection (1). in this section— “existing function” means any function other than one that is conferred by— “prerogative instrument” means an order in council, warrant, charter or other instrument made under the prerogative. 20. protected functions not transferable under ministers of the crown act 1975 the ministers of the crown act 1975 (c. 26) is amended as follows. in section 1 (power by order in council to transfer functions of ministers), after subsection (5) insert— “(6) this section does not apply to the functions of the lord chancellor that are within schedule 7 to the constitutional reform act 2005. (7) an order in council under this section may amend schedule 7 to the constitutional reform act 2005 so as to include any function which, by virtue of provision in the order in council— (a) is transferred to the lord chancellor, (b) becomes exercisable by the lord chancellor concurrently with another person, or (c)remains exercisable by the lord chancellor but ceases to be exercisable concurrently with another person. (8) an order in council under this section may not, to the extent that it amends schedule 7 to the constitutional reform act 2005, be revoked by another order in council under this section.” after section 5(3) (orders under act to be revocable) insert— “(3a) subsection (3) is subject to section 1(8).” 21. amendment of schedule 7 the lord chancellor may by order amend schedule 7 so as to include within that schedule any function of the lord chancellor under an enactment, other than an enactment contained in an act passed, or northern ireland legislation passed or made, after the session in which this act is passed. for the purposes of subsection (1) it does not matter whether a function of the lord chancellor is exercisable by him alone or concurrently with another person. an order made under this section may not be revoked by an order made under this section. subheading 10. supplementary 22. transfers: supplementary this section applies where a function of the lord chancellor is transferred to another person (“the transferee”) by any provision of this act or of an order under section 19 (“the amending provision”). where the transferee is her majesty, references to the transferee in the following provisions of this section are to be read as references to the lord chancellor. the transfer does not affect the validity of anything done (or having effect as if done) by or in relation to the lord chancellor before the commencement of the amending provision. so far as is necessary in consequence of the transfer, an enactment or instrument passed or made before the commencement of the provision has effect, subject to any amendment made by the amending provision or any other provision of this act, as if— a reference to the lord chancellor were a reference to the transferee; a reference to the lord chancellor's department were a reference to the department of the transferee; a reference to an officer of the lord chancellor were a reference to an officer of the transferee. anything done by or in relation to the lord chancellor in connection with the function has effect, so far as is necessary for continuing its effect after the commencement of the amending provision, as if done by or in relation to the transferee. anything which relates to the function and which is in the process of being done by or in relation to the lord chancellor at the commencement of the amending provision may be continued by or in relation to the transferee. legal proceedings to which the lord chancellor is party in relation to the function at the commencement of the amending provision may be continued by or against the transferee. documents or forms printed for use in connection with the function may be used in connection with it even though they contain (or are to be read as containing) references to the lord chancellor, his department or an officer of his. for the purposes of the use of any such documents after the commencement of the amending provision, those references are to be read as references to the transferee, his department or an officer of his. part 3. the supreme court subheading 1. the supreme court 23. the supreme court there is to be a supreme court of the united kingdom. the court consists of the persons appointed as its judges by her majesty by letters patent, but no appointment may cause the full-time equivalent number of judges of the court at any time to be more than 12. her majesty may from time to time by order in council amend subsection (2) so as to increase or further increase the maximum full-time equivalent number of judges of the court. no recommendation may be made to her majesty in council to make an order under subsection (3) unless a draft of the order has been laid before and approved by resolution of each house of parliament. her majesty may by letters patent appoint one of the judges to be president and one to be deputy president of the court. the judges other than the president and deputy president are to be styled “justices of the supreme court”. the court is to be taken to be duly constituted despite any vacancy in the office of president or deputy president. for the purposes of this section, the full-time equivalent number of judges of the court is to be calculated by taking the number of full-time judges and adding, for each judge who is not a full-time judge, such fraction as is reasonable. 24. first members of the court on the commencement of section 23— the persons who immediately before that commencement are lords of appeal in ordinary become judges of the supreme court, the person who immediately before that commencement is the senior lord of appeal in ordinary becomes the president of the court, and the person who immediately before that commencement is the second senior lord of appeal in ordinary becomes the deputy president of the court. subheading 2. appointment of judges 25. qualification for appointment a person is not qualified to be appointed a judge of the supreme court unless he has (at any time)— held high judicial office for a period of at least 2 years, satisfied the judicial-appointment eligibility condition on a 15-year basis, or been a qualifying practitioner for a period of at least 15 years. a person is a qualifying practitioner for the purposes of this section at any time when— [omitted] he is an advocate in scotland or a solicitor entitled to appear in the court of session and the high court of justiciary, or he is a member of the bar of northern ireland or a solicitor of the court of judicature of northern ireland. 26. selection of members of the court this section applies to a recommendation for an appointment to one of the following offices— judge of the supreme court; president of the court; deputy president of the court. a recommendation may be made only by the prime minister. the prime minister— must recommend any person who is selected as a result of the convening of a selection commission under this section; may not recommend any other person. where a person who is not a judge of the court is recommended for appointment as president or deputy president, the recommendation must also recommend the person for appointment as a judge. if there is a vacancy in the office of president of the court or in the office of deputy president of the court, or it appears to him that there will soon be such a vacancy, the lord chancellor must convene a selection commission for the selection of a person to be recommended. ifthe full-time equivalent number of judges of the court is less than the maximum specified in section 23(2), or it appears to the lord chancellor that the full-time equivalent number of judges of the court will soon be less than that maximum, and the lord chancellor, or the senior judge of the court, after consulting the other considers it desirable that a recommendation be made for an appointment to the office of judge of the court, the lord chancellor must convene a selection commission for the selection of a person to be recommended. in subsection (5a)(b) “the senior judge of the court” means— the president of the court, or if there is no president, the deputy president, or if there is no president and no deputy president, the senior ordinary judge. schedule 8 is about selection commissions. subsections (5) and (5a) are subject to schedule 8 (cases where duty to convene a selection commission are suspended). for the purposes of this section and schedule 8, a person is selected as a result of the convening of a selection commission if the person's selection is the final outcome of— the selection process mentioned in section 27(1) being applied by the commission, and any process provided for by regulations under section 27a being applied in the particular case. section 27 applies where a selection commission is convened under this section. 27. selection process the commission must— determine the selection process to be applied by it, apply the selection process, and make a selection accordingly. [omitted] [omitted] subsections (5) to (10) apply to any selection under this section or regulations under section 27a. selection must be on merit. where two persons are of equal merit— section 159 of the equality act 2010 (positive action: recruitment etc) does not apply in relation to choosing between them, but part 5 of that act (public appointments etc) does not prevent the commission from preferring one of them over the other for the purpose of increasing diversity within the group of persons who are the judges of the court. a person may be selected only if he meets the requirements of section 25. a person may not be selected if he is a member of the commission. in making selections for the appointment of judges of the court the commission must ensure that between them the judges will have knowledge of, and experience of practice in, the law of each part of the united kingdom. the commission must have regard to any guidance given by the lord chancellor as to matters to be taken into account (subject to any other provision of this act) in making a selection. any selection must be of one person only. for the purposes of this section a person is non-legally-qualified if the person— does not hold, and has never held, any of the offices listed in schedule 1 to the house of commons disqualification act 1975 (judicial offices disqualifying for membership of the house of commons), and is not practising or employed as a lawyer, and never has practised or been employed as a lawyer. 27a. regulations about selection process the lord chancellor must by regulations made with the agreement of the senior judge of the supreme court— make further provision about membership of selection commissions convened under section 26, make further provision about the process that is to be applied in any case where a selection commission is required to be convened under section 26, and secure that, in every such case, there will come a point in the process when a selection has to be accepted, either unconditionally or subject only to matters such as the selected person's willingness and availability, by or on behalf of the lord chancellor. the regulations may in particular— provide for process additional to the selection process applied by a selection commission under section 27(1), including post-acceptance process; make provision as to things that are, or as to things that are not, to be done by a selection commission— as part of the selection process applied by it under section 27(1), or in determining what that process is to be; provide for the lord chancellor to be entitled to require a selection commission to reconsider a selection under section 27(1) or any subsequent selection; provide for the lord chancellor to be entitled to reject a selection under section 27(1) or any subsequent selection; give other functions to the lord chancellor; provide for particular action to be taken by a selection commission after it has complied with section 27; provide for the dissolution of a selection commission; provide for section 16(2)(a) or (b) not to apply in relation to functions of the lord chief justice— as a member of a selection commission (including functions of chairing a selection commission), or in relation to the nomination or appointment of members of a selection commission; provide for a person to cease to be a member of a selection commission where a requirement about the commission's members ceases to be met by the person's membership of the commission; provide for a person to become a member of a selection commission already convened where another person ceases to be a member of the commission or where a requirement about the commission's members ceases to be met by another person's membership of the commission; provide for payment to a member of a selection commission of amounts by way of allowances or expenses; make provision as to what amounts to practice or employment as a lawyer for the purposes of section 27(11)(b). before making regulations under this section the lord chancellor must consult— the first minister in scotland, the northern ireland judicial appointments commission, the first minister for wales, the lord president of the court of session, the lord chief justice of northern ireland, and the lord chief justice of england and wales. regulations under this section— may make different provision for different purposes; may make transitory, transitional or saving provision. in this section “the senior judge”, in relation to the court, has the meaning given by section 26(5b). 27b. selection guidance: supplementary before issuing any selection guidance the lord chancellor must— consult the senior judge of the supreme court; after doing so, lay a draft of the proposed guidance before each house of parliament. if the draft is approved by a resolution of each house of parliament within the 40-day period the lord chancellor must issue the guidance in the form of the draft. in any other case the lord chancellor must take no further steps in relation to the proposed guidance. subsection (3) does not prevent a new draft of the proposed guidance from being laid before each house of parliament after consultation with the senior judge of the court. selection guidance comes into force on such date as the lord chancellor may appoint by order. where selection guidance is in force, the lord chancellor may revoke the guidance only by— new selection guidance issued in accordance with the previous provisions of this section, or an order made after consulting the senior judge of the court. in this section— “40-day period” in relation to the draft of any proposed selection guidance means— no account being taken of any period during which parliament is dissolved or prorogued or during which both houses are adjourned for more than 4 days; “the senior judge”, in relation to the court, has the meaning given by section 26(5b); “selection guidance” means guidance mentioned in section 27(9). [omitted] [omitted] [omitted] [omitted] subheading 3. terms of appointment 32. oath of allegiance and judicial oath a person who is appointed as president of the court must, as soon as may be after accepting office, take the required oaths in the presence of— the deputy president, or if there is no deputy president, the senior ordinary judge. a person who is appointed as deputy president of the supreme court must, as soon as may be after accepting office, take the required oaths in the presence of— the president, or if there is no president, the senior ordinary judge. a person who is appointed as a judge of the supreme court must, as soon as may be after accepting office, take the required oaths in the presence of— the president, or if there is no president, the deputy president, or if there is no president and no deputy president, the senior ordinary judge. subsections (1) and (2) apply whether or not the person appointed as president or deputy president has previously taken the required oaths in accordance with this section after accepting another office. subsection (3) does not apply where a person is first appointed as a judge of the court upon appointment to the office of president or deputy president. in this section “required oaths” means— the oath of allegiance, and the judicial oath, as set out in the promissory oaths act 1868 (c. 72). 33. tenure a judge of the supreme court holds that office during good behaviour, but may be removed from it on the address of both houses of parliament. 34. salaries and allowances a judge of the supreme court is entitled to a salary. the amount of the salary is to be determined by the lord chancellor with the agreement of the treasury. until otherwise determined under subsection (2), the amount is that of the salary of a lord of appeal in ordinary immediately before the commencement of section 23. a determination under subsection (2) may increase but not reduce the amount. salaries payable under this section are to be charged on and paid out of the consolidated fund of the united kingdom. any allowance determined by the lord chancellor with the agreement of the treasury may be paid to a judge of the court out of money provided by parliament. 35. resignation and retirement a judge of the supreme court may at any time resign that office by giving the lord chancellor notice in writing to that effect. the president or deputy president of the court may at any time resign that office (whether or not he resigns his office as a judge) by giving the lord chancellor notice in writing to that effect. in section 26(4)(a) of and schedule 5 to the judicial pensions and retirement act 1993 (c. 8) (retirement), for “lord of appeal in ordinary” substitute “judge of the supreme court”. 36. medical retirement this section applies if the lord chancellor is satisfied by means of a medical certificate that a person holding office as a judge of the supreme court— is disabled by permanent infirmity from the performance of the duties of his office, and is for the time being incapacitated from resigning his office. the lord chancellor may by instrument under his hand declare the person's office to have been vacated. a declaration by instrument under subsection (2) has the same effect for all purposes as if the person had, on the date of the instrument, resigned his office. but such a declaration has no effect unless it is made— in the case of an ordinary judge, with the agreement of the president and deputy president of the court; in the case of the president, with the agreement of the deputy president and the senior ordinary judge; in the case of the deputy president, with the agreement of the president and the senior ordinary judge. 37. pensions in the tables in sections 1 and 16 of the judicial pensions act 1981 (c. 20) (application and interpretation), for “lord of appeal in ordinary”— in the first column, substitute “ judge of the supreme court ”, and in the second column, in each place substitute “ judge of the supreme court ”. in part 1 of schedule 1 to the judicial pensions and retirement act 1993 (qualifying judicial offices: judges), for “lord of appeal in ordinary” substitute “judge of the supreme court”. the amendments made by this section to the 1981 and 1993 acts do not affect the operation of any provision of or made under those acts, or anything done under such provision, in relation to the office of, or service as, lord of appeal in ordinary. subheading 4. acting judges 38. acting judges at the request of the president of the supreme court any of the following may act as a judge of the court— a person who holds office as a senior territorial judge; a member of the supplementary panel under section 39. a request under subsection (1) may be made by the deputy president of the court if there is no president or the president is unable to make that request. in section 26(7) of the judicial pensions and retirement act 1993 (c. 8) (requirement not to act in certain capacities after the age of 75) for paragraph (b) substitute— “(b) act as a judge of the supreme court under section 38 of the constitutional reform act 2005;”. every person while acting under this section is, subject to subsections (5) and (6), to be treated for all purposes as a judge of the supreme court (and so may perform any of the functions of a judge of the court). a person is not to be treated under subsection (4) as a judge of the court for the purposes of any statutory provision relating to— the appointment, retirement, removal or disqualification of judges of the court, the tenure of office and oaths to be taken by judges of the court, or the remuneration, allowances or pensions of judges of the court. subject to section 27 of the judicial pensions and retirement act 1993, a person is not to be treated under subsection (4) as having been a judge of the court if he has acted in the court only under this section. such remuneration and allowances as the lord chancellor may with the agreement of the treasury determine may be paid out of money provided by parliament to any person who acts as a judge of the court under this section. in this section “office as a senior territorial judge” means office as any of the following— a judge of the court of appeal in england and wales; a judge of the court of session, but only if the holder of the office is a member of the first or second division of the inner house of that court; a judge of the court of appeal in northern ireland, unless the holder holds the office only by virtue of being a puisne judge of the high court. 39. supplementary panel there is to be a panel of persons known as the supplementary panel. on the commencement of this section any member of the house of lords who— meets one of the conditions in subsection (3), does not hold high judicial office, has not attained the age of 75, and is not a person who was appointed to the office of lord chancellor on or after 12 june 2003, becomes a member of the panel. the conditions are— that he ceased to hold high judicial office less than 5 years before the commencement of this section; that he was a member of the judicial committee of the privy council immediately before that commencement; that he ceased to be a member of that committee less than 5 years before that commencement. a person becomes a member of the supplementary panel on ceasing to hold office as a judge of the supreme court or as a senior territorial judge, but only if, while he holds such office— his membership of the panel is approved in writing by the president of the supreme court, and the president of the court gives the lord chancellor notice in writing of the approval. subsection (4) does not apply to a person who ceases to hold office as a judge of the supreme court when he ceases to be president of the court. such a person becomes a member of the supplementary panel on ceasing to be president of the court, unless— while president, he gives the lord chancellor notice that he is not to become a member of the panel, he ceases to be president on being removed from office as a judge of the court on the address of both houses of parliament, or his office is declared vacant under section 36. a person does not become a member of the supplementary panel under subsection (4) or (6) if— on ceasing to hold office as a judge of the supreme court he takes office as a senior territorial judge, or on ceasing to hold office as a senior territorial judge he takes office as a judge of the supreme court. a member of the supplementary panel may resign by notice in writing to the president of the court. unless he resigns (and subject to sections 26(7)(b) and 27 of the judicial pensions and retirement act 1993 (c. 8)), a person ceases to be a member of the supplementary panel— at the end of 5 years after the last day on which he holds his qualifying office, or if earlier, at the end of the day on which he attains the age of 75. in this section— “office as a senior territorial judge” has the same meaning as in section 38; a person's “qualifying office” is the office (that is, high judicial office, membership of the judicial committee of the privy council, office as a judge of the supreme court or office as a senior territorial judge) that he held before becoming a member of the supplementary panel. subheading 5. jurisdiction, relation to other courts etc 40. jurisdiction the supreme court is a superior court of record. an appeal lies to the court from any order or judgment of the court of appeal in england and wales in civil proceedings. an appeal lies to the court from any order or judgment of a court in scotland if an appeal lay from that court to the house of lords at or immediately before the commencement of this section. schedule 9— transfers other jurisdiction from the house of lords to the court, transfers devolution jurisdiction from the judicial committee of the privy council to the court, and makes other amendments relating to jurisdiction. the court has power to determine any question necessary to be determined for the purposes of doing justice in an appeal to it under any enactment. an appeal under subsection (2) lies only with the permission of the court of appeal or the supreme court; but this is subject to provision under any other enactment restricting such an appeal. 41. relation to other courts etc nothing in this part is to affect the distinctions between the separate legal systems of the parts of the united kingdom. a decision of the supreme court on appeal from a court of any part of the united kingdom, other than a decision on a devolution matter, is to be regarded as the decision of a court of that part of the united kingdom. a decision of the supreme court on a devolution matter— is not binding on that court when making such a decision; otherwise, is binding in all legal proceedings. in this section “devolution matter” means— a question referred to the supreme court under section 99 or 112 of the government of wales act 2006, section 33 of the scotland act 1998 (c. 46) or section 11 of the northern ireland act 1998 (c. 47); a devolution issue as defined in schedule 9 to the government of wales act 2006 (c. 38), schedule 6 to the scotland act 1998 or schedule 10 to the northern ireland act 1998. subheading 6. composition for proceedings 42. composition the supreme court is duly constituted in any proceedings only if all of the following conditions are met— the court consists of an uneven number of judges; the court consists of at least three judges; more than half of those judges are permanent judges. paragraphs and of subsection are subject to any directions that in specified proceedings the court is to consist of a specified number of judges that is both uneven and greater than three. paragraph of subsection is subject to any directions that in specified descriptions of proceedings the court is to consist of a specified minimum number of judges that is greater than three. this section is subject to section 43. in this section— “directions” means directions given by the president of the court; “specified”, in relation to directions, means specified in those directions; references to permanent judges are references to those judges of the court who are not acting judges under section 38. this section and section 43 apply to the constitution of the court in any proceedings from the time judges are designated to hear the proceedings. 43. changes in composition this section applies if in any proceedings the court ceases to be duly constituted in accordance with section 42, or in accordance with a direction under this section, because one or more members of the court are unable to continue. the presiding judge may direct that the court is still duly constituted in the proceedings. the presiding judge may give a direction under this section only if— the parties agree; the court still consists of at least three judges (whether the number of judges is even or uneven); at least half of those judges are permanent judges. subsections (2) and (3) are subject to directions given by the president of the court. if in any proceedings the court is duly constituted under this section with an even number of judges, and those judges are evenly divided, the case is to be re-argued in a court which is constituted in accordance with section 42. in this section— “presiding judge” means the judge who is to preside, or is presiding, over proceedings; references to permanent judges have the same meaning as in section 42. subheading 7. practice and procedure 44. specially qualified advisers if the supreme court thinks it expedient in any proceedings, it may hear and dispose of the proceedings wholly or partly with the assistance of one or more specially qualified advisers appointed by it. any remuneration payable to such an adviser is to be determined by the court unless agreed between the adviser and the parties to the proceedings. any remuneration forms part of the costs of the proceedings. 45. making of rules the president of the supreme court may make rules (to be known as “supreme court rules”) governing the practice and procedure to be followed in the court. the power to make supreme court rules includes power to make different provision for different cases, including different provision— for different descriptions of proceedings, or for different jurisdiction of the supreme court. the president must exercise the power to make supreme court rules with a view to securing that— the court is accessible, fair and efficient, and the rules are both simple and simply expressed. before making supreme court rules the president must consult all of the following— the lord chancellor; the bodies listed in subsection (5); such other bodies that represent persons likely to be affected by the rules as the president considers it appropriate to consult. the bodies referred to in subsection (4)(b) are— the general council of the bar of england and wales; the law society of england and wales; the faculty of advocates of scotland; the law society of scotland; the general council of the bar of northern ireland; the law society of northern ireland. 46. procedure after rules made supreme court rules made by the president of the supreme court must be submitted by him to the lord chancellor. supreme court rules submitted to the lord chancellor— come into force on such day as the lord chancellor directs, and are to be contained in a statutory instrument to which the statutory instruments act 1946 (c. 36) applies as if the instrument contained rules made by a minister of the crown. a statutory instrument containing supreme court rules is subject to annulment in pursuance of a resolution of either house of parliament. 47. photography etc in section 41 of the criminal justice act 1925 (c. 86) (prohibition on taking photographs etc in court), for subsection (2)(a) substitute— “(a) the expression “court” means any court of justice (including the court of a coroner), apart from the supreme court;”. in section 29 of the criminal justice act (northern ireland) 1945 (c. 15 n.i.) (prohibition on taking photographs etc in court), for subsection (2)(a) substitute— “(a) the expression “court” means any court of justice (including the court of a coroner), apart from the supreme court;”. subheading 8. staff and resources 48. chief executive the supreme court is to have a chief executive. it is for the president of the court to appoint the chief executive. the president of the court may delegate to the chief executive any of these functions— functions of the president under section 49(1) or 51a(1)(a) or (b); non-judicial functions of the court. the chief executive must carry out his functions (under subsection (3) or otherwise) in accordance with any directions given by the president of the court. 49. officers and staff the president of the supreme court may appoint officers and staff of the court. it is for the chief executive of the supreme court to determine the following matters— the number of officers and staff of the court; subject to subsections (2a) and (3), the terms on which officers and staff are to be appointed. service as the chief executive of the court, and service as an officer or staff appointed under subsection (1), is service in the civil service of the state. accordingly, the civil service pension arrangements for the time being in force apply (with any necessary adaptations) to the chief executive of the court, and to persons appointed under subsection (1), as they apply to other persons employed in the civil service of the state. in subsection (3) “the civil service pension arrangements” means— the principal civil service pension scheme (within the meaning of section 2 of the superannuation act 1972 (c. 11), and any other superannuation benefits for which provision is made under or by virtue of section 1 of that act for or in respect of persons in employment in the civil service of the state. 50. accommodation and other resources the lord chancellor must ensure that the supreme court is provided with the following— such court-houses, offices and other accommodation as the lord chancellor thinks are appropriate for the court to carry on its business; such other resources as the lord chancellor thinks are appropriate for the court to carry on its business. the lord chancellor may discharge the duty under subsection (1) by— providing accommodation or other resources, or entering into arrangements with any other person for the provision of accommodation or other resources. the powers to acquire land for the public service conferred by— section 2 of the commissioners of works act 1852 (c. 28) (acquisition by agreement), and section 228(1) of the town and country planning act 1990 (c. 8) (compulsory acquisition),are to be treated as including power to acquire land for the purpose of its provision under arrangements under subsection (2)(b). the scottish ministers may make payments by way of contribution to the costs incurred by the lord chancellor in providing the court with resources in accordance with subsection (1)(b). in this section “court-house” means any place where the court sits, including the precincts of any building in which it sits. 51. system to support court in carrying on business the chief executive of the supreme court must ensure that the court's resources are used to provide an efficient and effective system to support the court in carrying on its business. in particular— appropriate services must be provided for the court; the accommodation provided under section 50 must be appropriately equipped, maintained and managed. subheading 8a. court security 51a. security officers a supreme court security officer is a person who is— appointed by the president of the supreme court under section 49(1) or provided under a contract, and designated by the president as a supreme court security officer. the president may give directions as to— training courses to be completed by supreme court security officers; conditions to be met before a person may be designated as a supreme court security officer. for the purposes of sections 51b to 51e, a supreme court security officer who is not readily identifiable as such (whether by means of uniform or badge or otherwise) is not to be regarded as acting in the execution of the officer's duty. in those sections “court building” means any building— where the business of the supreme court, or of the judicial committee of the privy council, is carried on, and to which the public has access. 51b. powers of search, exclusion, removal and restraint a supreme court security officer acting in the execution of the officer's duty may search— any person who is in, or seeking to enter, a court building, and any article in the possession of such a person. subsection (1) does not authorise a supreme court security officer to require a person to remove any of the person's clothing other than a coat, jacket, headgear, gloves or footwear. a supreme court security officer acting in the execution of the officer's duty may exclude or remove from a court building, or a part of a court building, any person who refuses— to permit a search under subsection (1), or to surrender an article in the person's possession when asked to do so under section 51c(1). a supreme court security officer acting in the execution of the officer's duty may— restrain any person who is in a court building, or exclude or remove any person from a court building, or a part of a court building,if it is reasonably necessary to do so for one of the purposes given in subsection (5). the purposes are— enabling business of the supreme court, or of the judicial committee of the privy council, to be carried on without interference or delay; maintaining order; securing the safety of any person in the court building. a supreme court security officer acting in the execution of the officer's duty may remove any person from a courtroom at the request of— a judge of the supreme court, or a member of the judicial committee of the privy council. the powers given by subsections (3), (4) and (6) include power to use reasonable force, where necessary. 51c. surrender, seizure and retention of knives and other articles if a supreme court security officer acting in the execution of the officer's duty reasonably believes that an article in the possession of a person who is in, or seeking to enter, a court building ought to be surrendered on any of the grounds given in subsection (2), the officer must ask the person to surrender the article; and, if the person refuses to surrender the article, the officer may seize it. the grounds are that the article— may jeopardise the maintenance of order in the court building (or a part of it), may put the safety of any person in the court building at risk, or may be evidence of, or in relation to, an offence. subject to subsection (4), a supreme court security officer may retain an article which was— surrendered in response to a request under subsection (1), or seized under that subsection, until the time when the person who surrendered it, or from whom it was seized, is leaving the court building. if a supreme court security officer reasonably believes that the article may be evidence of, or in relation to, an offence, the officer may retain it until— the time when the person who surrendered it, or from whom it was seized, is leaving the court building, or the end of the permitted period, in subsection (4) “the permitted period” means such period, not exceeding 24 hours from the time the article was surrendered or seized, as will enable the supreme court security officer to draw the article to the attention of a constable. subsections (3) to (5) do not apply where a knife is— surrendered to a supreme court security officer in response to a request under subsection (1), or seized by a supreme court security officer under that subsection, but, instead, the knife must be retained in accordance with regulations under section 51d(3) unless returned or disposed of in accordance with those regulations or regulations under section 51d(1). if a supreme court security officer reasonably believes that a retained knife may be evidence of, or in relation to, an offence, nothing in subsection (6) prevents the officer retaining the knife for so long as necessary to enable the officer to draw it to the attention of a constable. in this section “knife” includes— a knife-blade, and any other article which— has a blade or is sharply pointed, and is made or adapted for use for causing injury to the person. 51d. regulations about retention of knives and other articles the lord chancellor may by regulations make provision as to— the provision to persons— by whom articles have been surrendered in response to a request under subsection (1) of section 51c, or from whom articles have been seized under that subsection, of written information about the powers of retention of supreme court security officers, the keeping of records about articles which have been so surrendered or seized, the period for which unclaimed articles have to be kept, and the disposal of unclaimed articles at the end of that period. in subsection (1) “unclaimed article” means an article— which has been retained under section 51c, which a person is entitled to have returned, which has not been returned, and whose return has not been requested by a person entitled to it. without prejudice to the generality of subsection (1), the lord chancellor must by regulations make provision as to— the procedure to be followed when a knife is retained under section 51c; the making of requests by eligible persons for the return of knives so retained; the procedure to be followed when returning a knife pursuant to a request made in accordance with the regulations. in subsection (3)— “eligible person”, in relation to a knife retained under section 51c, means— “knife” has the same meaning as in section 51c. 51e. assaulting and obstructing supreme court security officers any person who assaults a supreme court security officer acting in the execution of the officer's duty commits an offence. a person guilty of an offence under subsection (1) is liable on summary conviction— to imprisonment for a term not exceeding 12 months, or to a fine not exceeding level 5 on the standard scale, or to both. subsection (2) applies— in england and wales in relation to offences committed before the commencement of section 154(1) of the criminal justice act 2003 (general limit on magistrates' court's power to impose imprisonment), and in northern ireland,as if the reference to 12 months were a reference to 6 months. a person who resists or wilfully obstructs a supreme court security officer acting in the execution of the officer's duty commits an offence. a person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.” subheading 9. fees 52. fees the lord chancellor may, with the agreement of the treasury, by order prescribe fees payable in respect of anything dealt with by the supreme court. an order under this section may, in particular, contain provision about— scales or rates of fees; exemptions from fees; reductions in fees; whole or partial remission of fees. when including any provision in an order under this section, the lord chancellor must have regard to the principle that access to the courts must not be denied. before making an order under this section, the lord chancellor must consult all of the following— the persons listed in subsection (5); the bodies listed in subsection (6). the persons referred to in subsection (4)(a) are— the president of the supreme court; the lord chief justice of england and wales; the master of the rolls; the lord president of the court of session; the lord chief justice of northern ireland; the lord justice clerk; the president of the queen's bench division; the president of the family division; the chancellor of the high court. the bodies referred to in subsection (4)(b) are— the general council of the bar of england and wales; the law society of england and wales; the faculty of advocates of scotland; the law society of scotland; the general council of the bar of northern ireland; the law society of northern ireland. 53. fees: supplementary supreme court fees are recoverable summarily as a civil debt. the lord chancellor must take such steps as are reasonably practicable to bring information about supreme court fees to the attention of persons likely to have to pay them. in this section “supreme court fees” means fees prescribed in an order under section 52. subheading 10. annual report 54. annual report as soon as practicable after each financial year, the chief executive of the supreme court must prepare a report about the business of the supreme court during that year and give a copy of that report to the following persons— the lord chancellor; the first minister in scotland; the first minister and the deputy first minister in northern ireland; the first minister for wales. the lord chancellor must lay a copy of any report of which a copy is given under subsection (1)(a) before each house of parliament. each of the following is a “financial year” for the purposes of this section— the period which begins with the date on which this section comes into force and ends with the following 31 march; each successive period of 12 months. subheading 11. supplementary 55. seal the supreme court is to have an official seal. every document purporting to be sealed with the official seal of the supreme court is to be received in evidence in all parts of the united kingdom without further proof. 56. records of the supreme court the public records act 1958 (c. 51) is amended as follows. in section 8 (court records)— in subsection (1) after “such records” insert “ other than records of the supreme court, ”; after subsection (1) insert— “(1a) records of the supreme court for which the lord chancellor is responsible under subsection (1) shall be in the custody of the chief executive of that court.” in schedule 1 (definition of public records), in paragraph 4 (records of courts and tribunals), before sub-paragraph (1)(a) insert— “(za) records of the supreme court;”. 57. proceedings under jurisdiction transferred to the supreme court schedule 10 contains transitional provision relating to proceedings under jurisdiction which is transferred to the supreme court by this act from the house of lords or the judicial committee of the privy council. 58. northern ireland act 1998: excepted and reserved matters relating to the supreme court the northern ireland act 1998 (c. 47) is amended as follows. in schedule 2 (excepted matters), after paragraph 11 insert— “11a the supreme court.” [omitted] 59. renaming of supreme courts of england and wales and northern ireland the supreme court of england and wales is renamed the senior courts of england and wales. the supreme court of judicature of northern ireland is renamed the court of judicature of northern ireland. the northern ireland supreme court rules committee is renamed the northern ireland court of judicature rules committee. any reference in an enactment, instrument or other document to a court or committee renamed by this section is to be read, so far as necessary for continuing its effect, as a reference to the senior courts, the court of judicature or the northern ireland court of judicature rules committee (as the case may be). schedule 11 (which makes amendments in connection with the renaming) has effect. unless otherwise provided, amendments made by an enactment (a) (whether or not in force) to another enactment (b)— are not included in references in that schedule to enactment a; are included in references in that schedule to enactment b. 60. interpretation of part 3 in this part— “part of the united kingdom” means england and wales, scotland or northern ireland; “the senior judges” means— the judges of the supreme court; the lord chief justice of england and wales; the master of the rolls; the lord president of the court of session; the lord chief justice of northern ireland; the lord justice clerk; the president of the queen's bench division; the president of the family division; the chancellor of the high court; “the supreme court” means the supreme court of the united kingdom. in this part— “high judicial office” means office as a judge of any of the following courts— the supreme court; the court of appeal in england and wales; the high court in england and wales; the court of session; the court of appeal in northern ireland; the high court in northern ireland; or as a lord of appeal in ordinary; a person appointed to the office of lord chancellor on or after 12 june 2003 who holds, or held, office of a kind referred to in paragraph (a) (“the qualifying office”) is to be regarded as holding, or having held, high judicial office only if— he has ceased to be lord chancellor by virtue of that appointment, and he holds, or held, the qualifying office otherwise than by virtue of that appointment as lord chancellor. in this part— “ordinary judge” means a judge of the supreme court who is not the president or the deputy president of the court; the senior ordinary judge at any time is, of the ordinary judges at that time, the one who has served longest as a judge of the court (whether over one or more periods and whether or not including one or more previous periods as president or deputy president). service as a lord of appeal in ordinary counts as service as a judge of the court for the purposes of subsection (3)(b). [omitted] part 4. judicial appointments and discipline chapter 1. commission and ombudsman 61. the judicial appointments commission there is to be a body corporate called the judicial appointments commission. schedule 12 is about the commission. 62. judicial appointments and conduct ombudsman there is to be a judicial appointments and conduct ombudsman. schedule 13 is about the ombudsman. chapter 2. appointments subheading 1. general provisions 63. merit and good character subsections (2) to (4) apply to any selection under this part by the commission or a selection panel (“the selecting body”). selection must be solely on merit. a person must not be selected unless the selecting body is satisfied that he is of good character. neither “solely” in subsection (2), nor part 5 of the equality act 2010 (public appointments etc), prevents the selecting body, where two persons are of equal merit, from preferring one of them over the other for the purpose of increasing diversity within— the group of persons who hold offices for which there is selection under this part, or a sub-group of that group. 64. encouragement of diversity the commission, in performing its functions under this part, must have regard to the need to encourage diversity in the range of persons available for selection for appointments. this section is subject to section 63. 65. guidance about procedures the lord chancellor may issue guidance about procedures for the performance by the commission or a selection panel of its functions of— identifying persons willing to be considered for selection under this part, and assessing such persons for the purposes of selection. the guidance may, among other things, relate to consultation or other steps in determining such procedures. the purposes for which guidance may be issued under this section include the encouragement of diversity in the range of persons available for selection. the commission and any selection panel must have regard to the guidance in matters to which it relates. 66. guidance: supplementary before issuing any guidance the lord chancellor must— obtain the agreement of the lord chief justice; after doing so, lay a draft of the proposed guidance before each house of parliament. if the draft is approved by a resolution of each house of parliament within the 40-day period the lord chancellor must issue the guidance in the form of the draft. in any other case the lord chancellor must take no further steps in relation to the proposed guidance. subsection (3) does not prevent a new draft of the proposed guidance from being laid before each house of parliament after consultation with the lord chief justice. guidance comes into force on such date as the lord chancellor may appoint by order. the lord chancellor may— from time to time revise the whole or part of any guidance and re-issue it; after consulting the lord chief justice, by order revoke any guidance. in this section— “40-day period” in relation to the draft of any proposed guidance means— no account being taken of any period during which parliament is dissolved or prorogued or during which both houses are adjourned for more than 4 days; “guidance” means guidance issued by the lord chancellor under section 65 and includes guidance which has been revised and re-issued. subheading 2. lord chief justice and heads of division 67. selection of lord chief justice and heads of division sections 68 to 70 apply to a recommendation for an appointment to one of the following offices— lord chief justice; master of the rolls; president of the queen's bench division; president of the family division; chancellor of the high court. any such recommendation must be made in accordance with those sections and section 94c and regulations made under it. 68. duty to fill vacancies the lord chancellor must make a recommendation to fill any vacancy in the office of lord chief justice. the lord chancellor must make a recommendation to fill any vacancy in any other office listed in section 67(1). subsection (2) does not apply to a vacancy while the lord chief justice agrees that it may remain unfilled. 69. request for selection the lord chancellor may make a request to the commission for a person to be selected for a recommendation to which this section applies. before making a request the lord chancellor must consult the lord chief justice. subsection (2) does not apply where the office of lord chief justice is vacant or where the lord chief justice is incapacitated for the purposes of section 16 (functions during vacancy or incapacity). section 70 applies where the lord chancellor makes a request under this section. that section is subject to section 95 (withdrawal and modification of requests). 70. selection process on receiving a request the commission must appoint a selection panel. the panel must— determine the selection process to be applied by it, apply the selection process, and make a selection accordingly. [omitted] one person only must be selected for each recommendation to which a request relates. subsection (3) applies to selection under this section and to selection under regulations under section 94c. [omitted] a selection panel is a committee of the commission. 71. [omitted] 71a. [omitted] 71b. [omitted] 72. [omitted] 73. [omitted] 74. [omitted] 75. [omitted] subheading 3. senior president of tribunals 75a. sections 75b to 75g apply where request made for selection section 75b applies where the lord chancellor makes a request to the commission under paragraph 2(5) of schedule 1 to the tribunals, courts and enforcement act 2007 (request for person to be selected for recommendation for appointment to the office of senior president of tribunals). that section is subject to section 95 (withdrawal and modification of requests). 75b. selection process on receiving a request the commission must appoint a selection panel. the panel must — determine the selection process to be applied by it, apply the selection process, and make a selection accordingly. as part of the selection process the panel must consult— the lord chief justice, if not a member of the panel, the lord president of the court of session, if not a member of the panel, and the lord chief justice of northern ireland, if not a member of the panel. one person only must be selected for the recommendation to which a request relates. subsection (4) applies to selection under this section and to selection under regulations under section 94c. a selection panel is a committee of the commission. 75c. [omitted] 75d. [omitted] 75e. [omitted] 75f. [omitted] 75g. [omitted] subheading 4. lords justices of appeal 76. selection of lords justices of appeal sections 77 to 79 apply to a recommendation for appointment as a lord justice of appeal. any such recommendation must be made in accordance with those sections and section 94c. 77. duty to fill vacancies the lord chancellor must make a recommendation to fill any vacancy in the office of lord justice of appeal. subsection (1) does not apply to a vacancy while the lord chief justice agrees that it may remain unfilled. 78. request for selection the lord chancellor may make a request to the commission for a person to be selected for a recommendation for appointment as a lord justice of appeal. before making a request the lord chancellor must consult the lord chief justice. a request may relate to more than one recommendation. section 79 applies where the lord chancellor makes a request under this section. that section is subject to section 95 (withdrawal and modification of requests). 79. selection process on receiving a request the commission must appoint a selection panel. the panel must have an odd number of members not less than five. the members of the panel must include— at least two who are non-legally-qualified, at least two judicial members, and at least two members of the commission, and contributions to meeting more than one of the requirements may be made by the same person's membership of the panel. the panel must— determine the selection process to be applied by it, apply the selection process, and make a selection accordingly. one person only must be selected for each recommendation to which a request relates. subsection (3) applies to selection under this section and to selection under regulations under section 94c. a selection panel is a committee of the commission. 80. [omitted] 81. [omitted] 82. [omitted] 83. [omitted] 84. [omitted] subheading 5. puisne judges and other office holders 85. selection of puisne judges and other office holders sections 86 to 88 apply to— a recommendation for an appointment to the office of puisne judge of the high court; a recommendation for an appointment to an office listed in part 1 of schedule 14 in exercise of her majesty's function under the enactment listed opposite that office; an appointment to an office listed in table 1 of part 2 or 3 of that schedule in exercise of the lord chancellor's function under the enactment listed opposite that office; an appointment to an office listed in table 2 of part 2 of that schedule in exercise of the lord chief justice's function under the enactment listed opposite that office; an appointment to an office listed in table 2 of part 3 of that schedule in exercise of the function of the senior president of tribunals under the enactment listed opposite that office. any such recommendation or appointment must be made in accordance with those sections and section 94c and regulations made under it. this section is subject to— section 30(4) of the courts-martial (appeals) act 1951, sections 91(1zb) and 102(1c) of the supreme court act 1981, section 8(1zc) of the county courts act 1984, and sections 94a, 94aa and 94b below. the lord chancellor may by order make any of the following amendments to schedule 14— an amendment which adds a reference to an enactment under which appointments are made to an office; an amendment which adds a reference to an office to which appointments are made under an enactment; an amendment consequential on the abolition or change of name of an office; an amendment consequential on the substitution of one or more enactments for an enactment under which appointments are made to an office. the lord chancellor may by order amend section 94a, 94aa or 94b if he thinks that the amendment is consequential on an amendment made to schedule 14 by an order under subsection (3). 86. duty to fill vacancies the lord chancellor must make a recommendation to fill any vacancy in the office of puisne judge of the high court or in an office listed in part 1 of schedule 14. the lord chancellor must, as soon as is reasonably practicable after being informed by the lord chief justice that a selection under this chapter for a recommendation for an appointment to an office listed in table 2 of part 1 of that schedule has been accepted unconditionally or subject to conditions that have since been met, make a recommendation of the selected person for an appointment to that office. the lord chancellor must, as soon as is reasonably practicable after being informed by the senior president of tribunals that a selection under this chapter for a recommendation for an appointment to an office listed in table 3 of part 1 of that schedule has been accepted unconditionally or subject to conditions that have since been met, make a recommendation of the selected person for an appointment to that office. the lord chancellor must make an appointment to fill any vacancy in an office listed in table 1 of part 2 or 3 of that schedule. the lord chief justice must make an appointment to fill any vacancy in an office listed in table 2 of part 2 of that schedule. the senior president of tribunals must make an appointment to fill any vacancy in an office listed in table 2 of part 3 of that schedule. subsections (1) and (2) do not apply to a vacancy while the lord chief justice agrees that it may remain unfilled. subsections (2a) and (2b) do not apply to a vacancy while the lord chancellor agrees that it may remain unfilled. 87. request for selection the lord chancellor may request the commission to select a person for a recommendation or appointment to which this section applies. the lord chancellor may request the commission to select a person for membership of a pool for requests under section 9(1) of the senior courts act 1981, and a person may become a member of such a pool only by selection on a request under this subsection. before making a request the lord chancellor must consult the lord chief justice. a request may relate to more than one recommendation or appointment. section 88 applies where the lord chancellor makes a request under this section. thhat section is subject to section 95 (withdrawal and modification of requests). 88. selection process on receiving a request the commission must— determine the selection process to be applied, apply the selection process, and make a selection accordingly. [omitted] [omitted] one person only may be selected for each recommendation, appointment or pool membership to which a request relates. subsection (4) applies to selection under this section and to selection under regulations under section 94c. 89. [omitted] 90. [omitted] 91. [omitted] 92. [omitted] 93. [omitted] 94. power to require persons to be identified for future requests if the lord chancellor gives the commission notice of a request which the lord chancellor expects to make under section 87, the commission must seek to identify persons it considers would be suitable for selection on the request. the lord chancellor may, by regulations made with the agreement of the lord chief justice, make provision about how the commission is to comply with a duty imposed on it by subsection (1). the regulations may in particular— make provision as to things that are, or as to things that are not, to be done— in complying with such a duty, or in determining how to comply with such a duty; provide for the making of reports. regulations under this section— may make different provision for different purposes; may make consequential, supplementary, transitory, transitional or saving provision. 94a. appointments not subject to section 85: courts where this section applies to an appointment— section 85 does not apply, but the person who has the power to make the appointment, whether the lord chancellor or the lord chief justice, may not make the appointment without the concurrence of the other of them. this section applies to the appointment of a person, on a fee-paid basis, to an office in the table below (the “proposed appointment”) if the person— holds the corresponding qualifying office (or one of them) on a salaried basis, or ceased to hold the corresponding qualifying office (or one of them) within two years ending with the date when the proposed appointment takes effect and, immediately before ceasing to hold that office, held it on a salaried basis. table key: column 1 = proposed appointment (fee-paid); column 2 = qualifying office (salaried) row 1 column 1 an office listed in part 2 of schedule 14. column 2 the same office. row 2 column 1 deputy district judge (magistrates' courts). column 2 district judge (magistrates' courts), senior district judge (chief magistrate), or deputy senior district judge (chief magistrate). row 3 column 1 assistant judge advocate general, or a person appointed temporarily to assist the judge advocate general. column 2 judge advocate of her majesty's fleet, judge advocate general, vice judge advocate general, or assistant judge advocate general. the lord chief justice may nominate a judicial office holder (as defined in section 109(4)) to exercise his function of concurring under subsection (1)(b). in this section “salaried” and “fee-paid” have the meaning given by paragraph 1(2) of schedule 7 to the judicial pensions and retirement act 1993 (c. 8). 94aa. appointments not subject to section 85: high court deputy judge where this section applies to an appointment, section 85 does not apply. this section applies to the appointment of a person as a deputy judge of the high court if it appears to the lord chief justice, after consulting the lord chancellor, that— there is an urgent need to take steps in order to facilitate the disposal of particular business in the high court or crown court, it is expedient as a temporary measure to make the appointment in order to facilitate the disposal of the business, and there are no other reasonable steps that it is practicable to take within the time available in order to facilitate the disposal of the business. an appointment to which this section applies is to be made— so as not to extend beyond the day on which the particular business concerned is concluded, or so as not to extend beyond the later of— the day on which the business is concluded, or the day expected when the appointment is made to be the day on which the business is concluded.” 94b. appointments not subject to section 85: tribunals where this section applies to a recommendation or appointment— section 85 does not apply, but the person who has the power to make the appointment, whether the lord chancellor or the senior president of tribunals, may not make the appointment without the concurrence of the other of them. in the case of the appointment of a person as a deputy judge of the upper tribunal, if the person holds or has held an office listed in section 6(1) of the tribunals, courts and enforcement act 2007, the senior president of tribunals must also consult the lord chief justice before making the appointment. this section applies to, or to a recommendation to her majesty for, the appointment of a person, on a fee-paid basis, to an office in the table below (the “proposed appointment”) if the person— holds the corresponding qualifying office (or one of them) on a salaried basis, or subject to subsection (4), ceased to hold the corresponding qualifying office (or one of them) within two years ending with the date when the proposed appointment takes effect and, immediately before ceasing to hold that office, held it on a salaried basis. table key: column 1 = proposed appointment (fee-paid); column 2 = qualifying office (salaried) row 1 column 1 an office listed in part 3 of schedule 14 (other than the office of chamber president or deputy chamber president of a chamber of the upper tribunal or the first-tier tribunal). column 2 the same office, or a more senior office, listed in part 3 of schedule 14, in the same tribunal or body (but excluding the upper tribunal and the first-tier tribunal). row 2 [omitted] row 3 [omitted] row 4 column 1 deputy judge of the upper tribunal. column 2 ordinary judge of the court of appeal in england and wales, lord justice of appeal in northern ireland, judge of the court of session, puisne judge of the high court in england and wales or northern ireland, circuit judge, sheriff in scotland, county court judge in northern ireland, district judge in england and wales or northern ireland, district judge (magistrates' courts), or judge of the upper tribunal by virtue of any of paragraphs (a) to (f) or (i) of section 5(1) of the tribunals, courts and enforcement act 2007. row 5 column 1 judge of the first-tier tribunal by appointment under paragraph 1(1) of schedule 2 to the tribunals, courts and enforcement act 2007. column 2 transferred-in judge of the first-tier tribunal (see section 31(2) of that act). row 6 column 1 other member of the first-tier tribunal by appointment under paragraph 2(1) of schedule 2 to the tribunals, courts and enforcement act 2007. column 2 transferred-in other member of the first-tier tribunal (see section 31(2) of that act). row 7 column 1 judge of the upper tribunal by appointment under paragraph 1(1) of schedule 3 to the tribunals, courts and enforcement act 2007. column 2 transferred-in judge of the upper tribunal (see section 31(2) of that act). row 8 column 1 other member of the upper tribunal by appointment under paragraph 2(1) of schedule 3 to the tribunals, courts and enforcement act 2007. column 2 transferred-in other member of the upper tribunal (see section 31(2) of that act). row 9 column 1 deputy judge of the upper tribunal by appointment under paragraph 7(1) of schedule 3 to the tribunals, courts and enforcement act 2007. column 2 deputy judge of the upper tribunal under section 31(2) of that act. in subsection (3)(b) the words “within two years ending with the date when the proposed appointment takes effect” do not apply if— the proposed appointment is to the office of deputy judge of the upper tribunal, and the corresponding qualifying office is— ordinary judge of the court of appeal in england and wales, lord justice of appeal in northern ireland, judge of the court of session, or puisne judge of the high court in england and wales or northern ireland. in this section “salaried” and “fee-paid” have the meaning given by paragraph 1(2) of schedule 7 to the judicial pensions and retirement act 1993. section 8(1) of the tribunals, courts and enforcement act 2007 (power of senior president of tribunals to delegate functions) does not apply to— the senior president of tribunals' function of concurring under subsection (1)(b), or the senior president of tribunals' function under subsection (2). subheading 6. supplementary provisions about selection 94c. selection process the lord chancellor must by regulations made with the agreement of the lord chief justice— make further provision about the process to be applied in a case where the commission receives a request under section 87; make further provision about— membership of selection panels appointed under section 70, 75b or 79, and the process that is to be applied in a case where a selection panel is required to be appointed under section 70, 75b or 79; secure, subject to section 95 and any provision within subsection (2)(d) that is included in the regulations, that in every case referred to paragraph (a) or (b)(ii) there will come a point in the process when a selection has to be accepted, either unconditionally or subject only to matters such as the selected person's willingness and availability, by or on behalf of the appropriate authority. the regulations may in particular— provide for process additional to the selection process applied under section 70(2), 75b(2), 79(2) or 88(1), including post-acceptance process; make provision as to things that are, or as to things that are not, to be done— as part of the selection process applied under section 70(2), 75b(2), 79(2) or 88(1), or in determining what that process is to be; provide for selection on a request under section 87 to be from among persons identified under section 94 in response to advance notice of the request; provide for section 88(1)(c) not to apply where, or to the extent that, the commission decides that the selection process applied under section 88(1) has not identified candidates of sufficient merit for it to comply with section 88(1)(c); give functions to the lord chancellor, including— power to require a selection panel to reconsider a selection under section 70(2), 75b(2) or 79(2) or any subsequent selection, power to reject a selection under section 70(2) or any subsequent selection, power to reject a selection under section 75b(2) or 79(2) or any subsequent selection, power to reject, or require the reconsideration of, initial or subsequent selections made on a request under section 87, and power to require the reconsideration of a decision mentioned in paragraph (d); give functions to the lord chief justice in connection with selection for an office listed in table 2 of part 1 or 2 of schedule 14 or in connection with selection for membership of a pool for requests under section 9(1) of the senior courts act 1981, including— power to reject, or require the reconsideration of, initial or subsequent selections made on a request under section 87, and power to require the reconsideration of a decision mentioned in paragraph (d); give functions to the senior president of tribunals in connection with selection for an office listed in table 3 of part 1, or table 2 of part 3, of schedule 14, including— power to reject, or require the reconsideration of, initial or subsequent selections made on a request under section 87, and power to require the reconsideration of a decision mentioned in paragraph (d); make provision for or in connection with duties mentioned in section 51 of the equality act 2010 being duties of the lord chief justice, or senior president of tribunals, in relation to an office within table 2 or 3 of part 1 of schedule 14; provide for particular action to be taken by the commission or a selection panel after the panel has complied with section 70, 75b or 79; provide for particular action to be taken by the commission after a selection has been made on a request under section 87; provide for the dissolution of a selection panel appointed under section 70, 75b or 79; provide for section 16(2)(a) or (b) not to apply in relation to functions of the lord chief justice— as a member of such a panel (including functions of chairing such a panel), or in relation to the nomination or appointment of members of such a panel; provide for a person to cease to be a member of such a panel where the person's membership of the panel ceases to contribute to meeting a requirement about the panel's members; provide for a person to become a member of such a panel where another person ceases to be a member of the panel or where another person's membership of the panel ceases to contribute to meeting a requirement about the panel's members; make provision for or in connection with assessments, whether pre-acceptance or post-acceptance, of the health of persons selected; provide for the lord chief justice to nominate a judicial office holder (as defined in section 109(4)) to exercise functions given to the lord chief justice by the regulations (including functions, such as functions as a consultee, given otherwise than in reliance on paragraph (f)); make provision prohibiting or restricting delegation by the senior president of tribunals of functions given to the senior president of tribunals by the regulations (including functions, such as functions as a consultee, given otherwise than in reliance on paragraph (g)); make provision as to the meaning of “non-legally-qualified” and “judicial member” in sections 70, 75b and 79. regulations under this section— may make different provision for different purposes; may make transitory, transitional or saving provision. in subsection (1)(c) “the appropriate authority” means— the lord chancellor where the selection— is on a request under section 69 or 78, relates to the office of senior president of tribunals or puisne judge of the high court, or relates to an office listed in table 1 of part 1, 2 or 3 of schedule 14; the lord chief justice where the selection relates to an office listed in table 2 of part 1 or 2 of that schedule; the senior president of tribunals where the selection relates to an office listed in table 3 of part 1, or table 2 of part 3, of that schedule. this section is subject to section 95. 95. withdrawal and modification of requests this section applies to a request under section 69, 78 or 87 or paragraph 2(5) of schedule 1 to the tribunals, courts and enforcement act 2007. the lord chancellor may withdraw or modify a request only as follows— the lord chancellor may withdraw or modify a request in consequence of a vacancy, or perceived need for an additional office-holder, having been filled or partly filled by change in the amount of time required to be devoted to the duties of office by an existing holder of the office concerned; so far as a request relates to any recommendation or appointment to fill a vacancy, he may withdraw or modify it with the agreement of the lord chief justice; so far as a request relates to any recommendation or appointment otherwise than to fill a vacancy, he may withdraw or modify it after consulting the lord chief justice; so far as a request relates to any pool membership, the lord chancellor may withdraw or modify it after consulting the lord chief justice; the lord chancellor may withdraw a request as respects all recommendations, appointments or pool memberships to which it relates if, after consulting the lord chief justice, the lord chancellor considers the selection process determined by the commission or selection panel is not satisfactory, or has not been applied satisfactorily. if a request is withdrawn in part or modified, the commission or selection panel may, if it thinks it appropriate because of the withdrawal or modification, change any selection already made pursuant to the request, except a selection already accepted unconditionally or subject only to matters such as the selected person's willingness and availability. the lord chancellor may not withdraw a request under subsection (2)(c) if a selection made pursuant to the request— has been accepted unconditionally or subject only to matters such as the selected person's willingness and availability, or in exercise of power conferred by regulations under section 94c, has been rejected or required to be reconsidered. any withdrawal or modification of a request must be by notice in writing to the commission. the notice must state whether the withdrawal or modification is under subsection (2)(a), (b) or (c). in the case of a withdrawal under subsection (2)(c), the notice must state why the lord chancellor considers the selection process determined by the commission or selection panel is not satisfactory, or has not been applied satisfactorily. if or to the extent that a request is withdrawn— the preceding provisions of this part cease to apply in relation to it, and any selection made on it is to be disregarded. withdrawal of a request to any extent does not affect the power of the lord chancellor to make another request in the same or different terms. 96. [omitted] 97. scotland and northern ireland subsections (2) and (3) apply to consultation that a person is required to undertake under any of these provisions— section 87(2); [omitted]; [omitted]; section 94b(2); section 95(2)(b) or (c), [omitted]. if the consultation appears to that person to relate to the appointment (or a recommendation for the appointment) of a person to exercise functions wholly or mainly in scotland, any reference in the provision to the lord chief justice is to be read as a reference to the lord president of the court of session. if the consultation appears to that person to relate to the appointment (or a recommendation for the appointment) of a person to exercise functions wholly or mainly in northern ireland, any reference in the provision to the lord chief justice is to be read as a reference to the lord chief justice of northern ireland. subsections (2) and (3) apply to the reference in section 94a(1) or 95(2)(a) to the lord chancellor obtaining the concurrence of the lord chief justice as they apply to a reference in a provision specified in subsection (1) to the lord chancellor consulting the lord chief justice. the lord president of the court of session may nominate any of the following to exercise his function under section 94a(1)(b)— a judge who is a member of the first or second division of the inner house of the court of session; the senior president of tribunals. the lord chief justice of northern ireland may nominate any of the following to exercise his function under section 94a(1)(b)— the holder of one of the offices listed in schedule 1 to the justice (northern ireland) act 2002; a lord justice of appeal (as defined in section 88 of that act); the senior president of tribunals. subheading 7. assistance in connection with other appointments 98. assistance in connection with other appointments the commission must provide any assistance requested by the lord chancellor under this section. the lord chancellor may request assistance for the making by him or by another minister of the crown of an appointment or recommendation for appointment, other than one to which section 26 or a provision of this part applies. the lord chancellor may only request assistance under this section if it appears to him appropriate because of the commission's other functions under this part and the nature of the appointment concerned. without limiting the assistance that may be requested, it may include— determining a selection process; applying a selection process; selecting a person; selecting a short list; advice on any of those matters. before making a request the lord chancellor must consult— the lord chief justice, and the commission. in this section “appointment” includes the conferring of any public function. in this part references to selection under this part include references to selection by the commission pursuant to a request under this section (and references to a person selected under this part are to be read accordingly). subheading 8. complaints and references 99. complaints: interpretation this section applies for the purposes of this part. a commission complaint is a complaint by a qualifying complainant of maladministration by the commission or a committee of the commission. a departmental complaint is a complaint by a qualifying complainant of maladministration by the lord chancellor or his department in connection with any of the following— selection under this part; recommendation for or appointment to an office listed in schedule 14. an lcj complaint is a complaint by a qualifying complainant of maladministration by the lord chief justice or the lord chief justice's nominee, or anyone acting on behalf of either of them, in connection with— selection under this part for an office listed in table 2 of part 1 or 2 of schedule 14, appointment to an office listed in table 2 of part 2 of that schedule, or selection under this part for membership of a pool for requests under section 9(1) of the senior courts act 1981, or of maladministration by the lord chief justice or the master of the rolls or the lord chief justice's nominee, or anyone acting on behalf of any of them, in connection with the making of requests under section 9(1) of that act. an spt complaint is a complaint by a qualifying complainant of maladministration by the senior president of tribunals or a person to whom the senior president has delegated functions, or anyone acting on behalf of either of them, in connection with— selection under this part for an office listed in table 3 of part 1 of schedule 14 or in table 2 of part 3 of that schedule, or appointment to an office listed in table 2 of part 3 of that schedule. a qualifying complainant is a complainant who claims to have been adversely affected, as an applicant for selection or as a person selected under this part, by the maladministration complained of. 100. complaints to the commission or the lord chancellor the commission must make arrangements for investigating any commission complaint made to it. the lord chancellor must make arrangements for investigating any departmental complaint made to him. the lord chief justice must make arrangements for investigating any lcj complaint made to the lord chief justice. the senior president of tribunals must make arrangements for investigating any spt complaint made to the senior president of tribunals. arrangements under this section need not apply to a complaint made more than 28 days after the matter complained of. 101. complaints to the ombudsman subsections (2) and (3) apply to a complaint which the complainant— has made to the commission , the lord chancellor, the lord chief justice or the senior president of tribunals in accordance with arrangements under section 100, and makes to the ombudsman not more than 28 days after being notified of the decision of the commission, the lord chancellor, the lord chief justice or the senior president of tribunals on the complaint. if the ombudsman considers that investigation of the complaint is not necessary, he must inform the complainant. otherwise he must investigate the complaint. the ombudsman may investigate a complaint which the complainant— has made to the commission, the lord chancellor, the lord chief justice or the senior president of tribunals in accordance with arrangements under section 100, and makes to the ombudsman at any time. the ombudsman may investigate a transferred complaint made to him, and no such complaint may be made under the judicial appointments order after the commencement of this section. the judicial appointments order is the judicial appointments order in council 2001, which sets out the functions of her majesty's commissioners for judicial appointments. a transferred complaint is a complaint that lay to those commissioners (whether or not it was made to them) in respect of the application of appointment procedures before the commencement of this section, but not a complaint that those commissioners had declined to investigate or on which they had concluded their investigation. any complaint to the ombudsman under this section must be in a form approved by him. 102. report and recommendations the ombudsman must prepare a report on any complaint he has investigated under section 101. the report must state— what findings the ombudsman has made; whether he considers the complaint should be upheld in whole or part; if he does, what if any action he recommends should be taken by the commission, the lord chancellor, the lord chief justice or the senior president of tribunals as a result of the complaint. the recommendations that may be made under subsection (2)(c) include recommendations for the payment of compensation. such a recommendation must relate to loss which appears to the ombudsman to have been suffered by the complainant as a result of maladministration and not as a result of any failure to be appointed to an office, or selected for membership of a pool, to which the complaint related. 103. report procedure this section applies to a report under section 102. the ombudsman must submit a draft of the report to the lord chancellor and to— the commission if the complaint was a commission complaint; the lord chief justice if the complaint was an lcj complaint; the senior president of tribunals if the complaint was an spt complaint. in finalising the report the ombudsman— must have regard to any proposal by the lord chancellor, the commission, the lord chief justice or the senior president of tribunals for changes in the draft report; must include in the report a statement of any such proposal not given effect to. the report must be signed by the ombudsman. if the complaint was a commission complaint the ombudsman must send the report in duplicate to the lord chancellor and the commission. if the complaint was an lcj complaint the ombudsman must send the report in duplicate to the lord chancellor and the lord chief justice. if the complaint was an spt complaint the ombudsman must send the report in duplicate to the lord chancellor and the senior president of tribunals. otherwise the ombudsman must send the report to the lord chancellor. the ombudsman must send a copy of the report to the complainant, but that copy must not include information— which relates to an identified or identifiable individual other than the complainant, and whose disclosure by the ombudsman to the complainant would (apart from this subsection) be contrary to section 139. 104. references by the lord chancellor if the lord chancellor, the lord chief justice or the senior president of tribunals refers to the ombudsman any matter relating to the procedures of the commission or a committee of the commission, the ombudsman must investigate it. the matter may relate to such procedures generally or in a particular case. the ombudsman must report to the lord chancellor, the lord chief justice and the senior president of tribunals on any investigation under this section. the report must state— what findings the ombudsman has made; what if any action he recommends should be taken by any person in relation to the matter. the report must be signed by the ombudsman. 105. information the commission, the lord chief justice, the senior president of tribunals and the lord chancellor must provide the ombudsman with such information as he may reasonably require relating to the subject matter of any investigation by him under section 101 or 104. subheading 9. miscellaneous 106. consultation on appointment of lay justices in section 10 of the courts act 2003 (c. 39) (appointment of lay justices etc.) after subsection (2) insert— “(2a) the lord chancellor must ensure that arrangements for the exercise, so far as affecting any local justice area, of functions under subsections (1) and (2) include arrangements for consulting persons appearing to him to have special knowledge of matters relevant to the exercise of those functions in relation to that area.” 107. disclosure of information to the commission information which is held by or on behalf of a permitted person (whether obtained before or after this section comes into force) may be disclosed to the commission or a committee of the commission for the purposes of selection under this part. a disclosure under this section is not to be taken to breach any restriction on the disclosure of information (however imposed). but nothing in this section authorises the making of a disclosure— which contravenes the data protection act 1998 (c. 29), or which is prohibited by part 1 of the regulation of investigatory powers act 2000 (c. 23). this section does not affect a power to disclose which exists apart from this section. the following are permitted persons— a chief officer of police of a police force in england and wales; the chief constable of the police service of scotland; the chief constable of the police service of northern ireland; the director general of the national criminal intelligence service; the director general of the national crime squad; the commissioners of inland revenue; the commissioners of customs and excise. the lord chancellor may by order designate as permitted persons other persons who exercise functions which he considers are of a public nature (including a body or person discharging regulatory functions in relation to any description of activities). information must not be disclosed under this section on behalf of the commissioners of inland revenue or on behalf of the commissioners of customs and excise unless the commissioners concerned authorise the disclosure. the power to authorise a disclosure under subsection (7) may be delegated (either generally or for a specific purpose)— in the case of the commissioners of inland revenue, to an officer of the board of inland revenue, in the case of the commissioners of customs and excise, to a customs officer. for the purposes of this section a customs officer is a person commissioned by the commissioners of customs and excise under section 6(3) of the customs and excise management act 1979 (c. 2). chapter 3. discipline 108. disciplinary powers any power of the lord chancellor to remove a person from an office listed in schedule 14 is exercisable only after the lord chancellor has complied with prescribed procedures (as well as any other requirements to which the power is subject). the lord chief justice may exercise any of the following powers but only with the agreement of the lord chancellor and only after complying with prescribed procedures. the lord chief justice may give a judicial office holder formal advice, or a formal warning or reprimand, for disciplinary purposes (but this section does not restrict what he may do informally or for other purposes or where any advice or warning is not addressed to a particular office holder). he may suspend a person from a judicial office for any period during which any of the following applies— the person is subject to criminal proceedings; the person is serving a sentence imposed in criminal proceedings; the person has been convicted of an offence and is subject to prescribed procedures in relation to the conduct constituting the offence. he may suspend a person from a judicial office for any period if— the person has been convicted of a criminal offence, it has been determined under prescribed procedures that the person should not be removed from office, and it appears to the lord chief justice with the agreement of the lord chancellor that the suspension is necessary for maintaining confidence in the judiciary. he may suspend a person from office as a senior judge for any period during which the person is subject to proceedings for an address. he may suspend the holder of an office listed in schedule 14 for any period during which the person— is under investigation for an offence, or is subject to prescribed procedures. while a person is suspended under this section from any office he may not perform any of the functions of the office (but his other rights as holder of the office are not affected). 109. disciplinary powers: interpretation this section has effect for the purposes of section 108. a person is subject to criminal proceedings if in any part of the united kingdom proceedings against him for an offence have been begun and have not come to an end, and the times when proceedings are begun and come to an end for the purposes of this subsection are such as may be prescribed. a person is subject to proceedings for an address from the time when notice of a motion is given in each house of parliament for an address for the removal of the person from office, until the earliest of the following events— either notice is withdrawn; either motion is amended so that it is no longer a motion for an address for removal of the person from office; either motion is withdrawn, lapses or is disagreed to; where an address is presented by each house, a message is brought to each house from her majesty in answer to the address. “judicial office” means— office as a senior judge, or an office listed in schedule 14;and “judicial office holder” means the holder of a judicial office. “senior judge” means any of these— master of the rolls; president of the queen's bench division; president of the family division; chancellor of the high court; senior president of tribunals; lord justice of appeal; puisne judge of the high court. “sentence” includes any sentence other than a fine (and “serving” is to be read accordingly). the times when a person becomes and ceases to be subject to prescribed procedures for the purposes of section 108(4) or (7) are such as may be prescribed. “under investigation for an offence” has such meaning as may be prescribed. subheading 1. applications for review and references 110. applications to the ombudsman this section applies if an interested party makes an application to the ombudsman for the review of the exercise by any person of a regulated disciplinary function, on the grounds that there has been— a failure to comply with prescribed procedures, or some other maladministration. the ombudsman must carry out a review if the following three conditions are met. the first condition is that the ombudsman considers that a review is necessary. the second condition is that— the application is made within the permitted period, the application is made within such longer period as the ombudsman considers appropriate in the circumstances, or the application is made on grounds alleging undue delay and the ombudsman considers that the application has been made within a reasonable time. the third condition is that the application is made in a form approved by the ombudsman. but the ombudsman may not review the merits of a decision made by any person. if any of the conditions in subsections (3) to (5) is not met, or if the grounds of the application relate only to the merits of a decision, the ombudsman— may not carry out a review, and must inform the applicant accordingly. in this section and sections 111 to 113, “regulated disciplinary function” means any of the following— any function of the lord chancellor that falls within section 108(1); any function conferred on the lord chief justice by section 108(3) to (7); any function exercised under prescribed procedures in connection with a function falling within paragraph (a) or (b). in this section, in relation to an application under this section for a review of the exercise of a regulated disciplinary function— “interested party” means— “permitted period” means the period of 28 days beginning with the latest of— the failure or other maladministration alleged by the applicant; where that failure or maladministration occurred in the course of an investigation, the applicant being notified of the conclusion or other termination of that investigation; where that failure or maladministration occurred in the course of making a determination, the applicant being notified of that determination. references in this section and section 111 to the exercise of a function include references to a decision whether or not to exercise the function. 111. review by the ombudsman where the ombudsman is under a duty to carry out a review on an application under section 110, he must— on the basis of any findings he makes about the grounds for the application, decide to what extent the grounds are established; decide what if any action to take under subsections (2) to (7). if he decides that the grounds are established to any extent, he may make recommendations to the lord chancellor and lord chief justice. a recommendation under subsection (2) may be for the payment of compensation. such a recommendation must relate to loss which appears to the ombudsman to have been suffered by the applicant as a result of any failure or maladministration to which the application relates. if the ombudsman decides that a determination made in the exercise of a function under review is unreliable because of any failure or maladministration to which the application relates, he may set aside the determination. if a determination is set aside under subsection (5)— the prescribed procedures apply, subject to any prescribed modifications, as if the determination had not been made, and for the purposes of those procedures, any investigation or review leading to the determination is to be disregarded. subsection (6) is subject to any direction given by the ombudsman under this subsection— for a previous investigation or review to be taken into account to any extent, or for any investigation or review which may form part of the prescribed procedures to be undertaken, or undertaken again. this section is subject to section 112. 112. reports on reviews in this section references to the ombudsman's response to an application are references to the findings and decisions referred to in section 111(1). before determining his response to an application the ombudsman must prepare a draft of a report of the review carried out on the application. the draft report must state the ombudsman's proposed response. the ombudsman must submit the draft report to the lord chancellor and the lord chief justice. if the lord chancellor or the lord chief justice makes a proposal that the ombudsman's response to the application should be changed, the ombudsman must consider whether or not to change it to give effect to that proposal. the ombudsman must produce a final report that sets out— the ombudsman's response to the application, including any changes made to it to give effect to a proposal under subsection (5); a statement of any proposal under subsection (5) that is not given effect to. the ombudsman must send a copy of the final report to each of the lord chancellor and the lord chief justice. the ombudsman must also send a copy of the final report to the applicant, but that copy must not include information— which relates to an identified or identifiable individual other than the applicant, and whose disclosure by the ombudsman to the applicant would (apart from this subsection) be contrary to section 139. each copy must be signed by the ombudsman. no part of the ombudsman's response to an application has effect until he has complied with subsections (2) to (9). 113. references to the ombudsman relating to conduct the ombudsman must investigate any matter referred to him by the lord chancellor or the lord chief justice that relates to the exercise of one or more regulated disciplinary functions. a matter referred to the ombudsman under subsection (1) may relate to the particular exercise of a regulated disciplinary function or to specified descriptions of the exercise of such functions. 114. reports on references where the ombudsman carries out an investigation under section 113 he must prepare a draft of a report of the investigation. if the investigation relates to a matter which is the subject of a review on an application under section 110, subsection (1) applies only when the ombudsman has sent a copy of the final report on that review to the lord chancellor, the lord chief justice and the applicant. the draft report must state the ombudsman's proposals as to— the findings he will make; any recommendations he will make for action to be taken by any person in relation to the matter subject to investigation. those findings and recommendations are referred to in this section as the ombudsman's response on the investigation. the ombudsman must submit the draft report to the lord chancellor and the lord chief justice. if the lord chancellor or the lord chief justice makes a proposal that the ombudsman's response on the investigation should be changed, the ombudsman must consider whether or not to change it to give effect to that proposal. the ombudsman must produce a final report that sets out— the ombudsman's response on the investigation, including any changes made to it to give effect to a proposal under subsection (6); a statement of any proposal under subsection (6) that is not given effect to. the ombudsman must send a copy of the final report to each of the lord chancellor and the lord chief justice. each copy must be signed by the ombudsman. subheading 2. general 115. regulations about procedures the lord chief justice may, with the agreement of the lord chancellor, make regulations providing for the procedures that are to be followed in— the investigation and determination of allegations by any person of misconduct by judicial office holders; reviews and investigations (including the making of applications or references) under sections 110 to 112. 116. contents of regulations regulations under section 115(a) may include provision as to any of the following— circumstances in which an investigation must or may be undertaken (on the making of a complaint or otherwise); steps to be taken by a complainant before a complaint is to be investigated; the conduct of an investigation, including steps to be taken by the office holder under investigation or by a complainant or other person; time limits for taking any step and procedures for extending time limits; persons by whom an investigation or part of an investigation is to be conducted; matters to be determined by the lord chief justice, the lord chancellor, the office holder under investigation or any other person; requirements as to records of investigations; requirements as to confidentiality of communications or proceedings; requirements as to the publication of information or its provision to any person. the regulations— may require a decision as to the exercise of functions under section 108, or functions mentioned in subsection (1) of that section, to be taken in accordance with findings made pursuant to prescribed procedures; may require that prescribed steps be taken by the lord chief justice or the lord chancellor in exercising those functions or before exercising them. where regulations under section 115(a) impose any requirement on the office holder under investigation or on a complainant, a person contravening the requirement does not incur liability other than liability to such procedural penalty if any (which may include the suspension or dismissal of a complaint)— as may be prescribed by the regulations, or as may be determined by the lord chief justice and the lord chancellor or either of them in accordance with provisions so prescribed. regulations under section 115 may— provide for any prescribed requirement not to apply if the lord chief justice and the lord chancellor so agree; make different provision for different purposes. nothing in this section limits the generality of section 115. 117. procedural rules regulations under section 115 may provide for provision of a prescribed description that may be included in the regulations to be made instead by rules made by the lord chief justice with the agreement of the lord chancellor. but the provision that may be made by rules does not include— provision within section 116(2); provision made for the purposes of section 108(7) or (8) or 116(3). the rules are to be published in such manner as the lord chief justice may determine with the agreement of the lord chancellor. 118. extension of discipline provisions to other offices this chapter applies in relation to an office designated by the lord chancellor under this section as it would apply if the office were listed in schedule 14. the lord chancellor may by order designate any office, not listed in schedule 14, the holder of which he has power to remove from office. an order under this section may be made only with the agreement of the lord chief justice. 119. delegation of functions the lord chief justice may nominate a judicial office holder (as defined in section 109(4)) to exercise any of his functions under the relevant sections. the relevant sections are— section 108(3) to (7); section 111(2); section 112; section 116(3)(b). subheading 3. scotland and northern ireland 120. scotland in section 108, in relation to a judicial office holder who exercises functions wholly or mainly in scotland, references to the lord chief justice are to be read as references to the lord president of the court of session. regulations under section 115 and rules under section 117 do not apply in relation to a judicial office holder who exercises functions wholly or mainly in scotland unless they are made with the agreement of the lord president of the court of session. in section 116(1)(f), (3)(b) and (4)(a) the references to the lord chief justice include references to the lord president of the court of session. in section 118(3), where the description of offices designated by the order is limited to (or includes) offices in which the holder exercises functions wholly or mainly in scotland, the reference to the lord chief justice is to be read as (or as including) a reference to the lord president of the court of session. the lord chief justice may by regulations provide for sections 110 to 113 to apply in relation to judicial office holders who exercise functions wholly or mainly in scotland— as if in section 110(8)(b) the reference to the lord chief justice were a reference to the lord president of the court of session, and with any other modifications specified in the regulations. regulations under subsection (5) may be made only with the agreement of the lord chancellor and the lord president of the court of session. the lord president of the court of session may nominate a judge of the court of session who is a member of the first or second division of the inner house of that court to exercise any of his functions under the relevant sections. the relevant sections are— section 108(3) to (7); section 111(2); section 112; section 116(3)(b). 121. northern ireland in section 108, in relation to a judicial office holder who exercises functions wholly or mainly in northern ireland, references to the lord chief justice are to be read as references to the lord chief justice of northern ireland. regulations under section 115 and rules under section 117 do not apply in relation to a judicial office holder who exercises functions wholly or mainly in northern ireland, unless they are made with the agreement of the lord chief justice of northern ireland. in section 116(1)(f), (3)(b) and (4)(a) the references to the lord chief justice include references to the lord chief justice of northern ireland. in section 118(3), where the description of offices designated by the order is limited to (or includes) offices in which the holder exercises functions wholly or mainly in northern ireland, the reference to the lord chief justice is to be read as (or as including) a reference to the lord chief justice of northern ireland. the lord chief justice may by regulations provide for sections 110 to 113 to apply in relation to judicial office holders who exercise functions wholly or mainly in northern ireland— as if in section 110(8)(b) the reference to the lord chief justice were a reference to the lord chief justice of northern ireland, and with any other modifications specified in the regulations. regulations under subsection (5) may be made only with the agreement of the lord chancellor and the lord chief justice of northern ireland. the lord chief justice of northern ireland may nominate any of the following to exercise any of his functions under the relevant sections— the holder of one of the offices listed in schedule 1 to the justice (northern ireland) act 2002 (c. 26); a lord justice of appeal (as defined in section 88 of that act). the relevant sections are— section 108(3) to (7); section 111(2); section 112; section 116(3)(b). chapter 4. interpretation of part 4 122. interpretation of part 4 in this part— “appoint” includes nominate or designate (and “appointment” is to be read accordingly); the “commission” means the judicial appointments commission; “head of division” means any of these— the master of the rolls; the president of the queen's bench division; the president of the family division; the chancellor of the high court; “high court” means the high court in england and wales; “high judicial office” has the meaning given by section 60; “lay member”, in relation to the commission, has such meaning as may be given by regulations under paragraph 3c(a) of schedule 12; “lord chief justice”, unless otherwise stated, means the lord chief justice of england and wales; “lord justice of appeal” means a lord justice of appeal in england and wales; “office” includes a position of any description; the “ombudsman” means the judicial appointments and conduct ombudsman; “prescribed” means prescribed by regulations under section 115 or, subject to section 117(2), by rules under section 117; “vacancy” in relation to an office to which one of sections 68, 77 and 86 applies, means a vacancy arising on a holder of the office vacating it at any time after the commencement of that section. part 5. judicial appointments and removals: northern ireland chapter 1. appointments subheading 1. disclosure of information to commission 123. disclosure of information to the northern ireland judicial appointments commission the justice (northern ireland) act 2002 (c. 26) (“the 2002 act”) is amended as follows. after section 5 of the 2002 act insert— “5a disclosure of information to the commission (1) information which is held by or on behalf of a permitted person (whether obtained before or after this section comes into force) may be disclosed to the commission or a committee of the commission for the purposes of selection under section 5. (2) a disclosure under this section is not to be taken to breach any restriction on the disclosure of information (however imposed). (3) but nothing in this section authorises the making of a disclosure— (a) which contravenes the data protection act 1998, or (b) which is prohibited by part 1 of the regulation of investigatory powers act 2000. (4) this section does not affect a power to disclose which exists apart from this section. (5) the following are permitted persons— (a) a chief officer of police of a police force in england and wales; (b) a chief constable of a police force in scotland; (c) the chief constable of the police service of northern ireland; (d) the director general of the national criminal intelligence service; (e) the director general of the national crime squad; (f) the commissioners of inland revenue; (g) the commissioners of customs and excise. (6) the lord chancellor may by order designate as permitted persons other persons who exercise functions which he considers are of a public nature (including a body or person discharging regulatory functions in relation to any description of activities). (7) information must not be disclosed under this section on behalf of the commissioners of inland revenue or on behalf of the commissioners of customs and excise unless the commissioners concerned authorise the disclosure. (8) the power to authorise a disclosure under subsection (7) may be delegated (either generally or for a specific purpose)— (a) in the case of the commissioners of inland revenue, to an officer of the board of inland revenue, (b) in the case of the commissioners of customs and excise, to a customs officer. (9) for the purposes of this section a customs officer is a person commissioned by the commissioners of customs and excise under section 6(3) of the customs and excise management act 1979.” subheading 2. ombudsman 124. northern ireland judicial appointments ombudsman the italic cross-heading before section 9 of the 2002 act is omitted. after that section insert— “the ombudsman 9a judicial appointments ombudsman (1) there is to be a northern ireland judicial appointments ombudsman. (2) the ombudsman is appointed by her majesty on the recommendation of the lord chancellor. (3) schedule 3a makes further provision about the ombudsman.” schedule 15 inserts schedule 3a to the 2002 act. subheading 3. complaints and references 125. complaints: interpretation after section 9a of the 2002 act insert— “9b complaints: interpretation (1) this section applies for the purposes of this part. (2) a commission complaint is a complaint by a qualifying complainant of maladministration by the commission or a committee of the commission. (3) a departmental complaint is a complaint by a qualifying complainant of maladministration by the lord chancellor or the northern ireland court service in connection with any of the following— (a) recommendation for or appointment to a listed judicial office; (b) appointment under section 2 of the taxes management act 1970 as a commissioner for the general purposes of the income tax for northern ireland. (4) a qualifying complainant is a complainant who claims to have been adversely affected, as an applicant for selection or as a person selected under this part, by the maladministration complained of.” 126. complaints to the commission or the lord chancellor after section 9b of the 2002 act insert— “9c complaints to the commission or the lord chancellor (1) the commission must make arrangements for investigating any commission complaint made to it. (2) the lord chancellor must make arrangements for investigating any departmental complaint made to him. (3) arrangements under this section need not apply to a complaint made more than 28 days after the matter complained of.” 127. complaints to the ombudsman after section 9c of the 2002 act insert— “9d complaints to the ombudsman (1) subsections (2) and (3) apply to a complaint which the complainant— (a) has made to the commission or lord chancellor in accordance with arrangements under section 9c, and (b) makes to the ombudsman not more than 28 days after being notified of the commission's or lord chancellor's decision on the complaint. (2) if the ombudsman considers that investigation of the complaint is not necessary, he must inform the complainant. (3) otherwise he must investigate the complaint. (4) the ombudsman may investigate a complaint which the complainant— (a) has made to the commission or the lord chancellor in accordance with arrangements under section 9c, and (b) makes to the ombudsman at any time. (5) the ombudsman may investigate a transferred complaint made to him, and no such complaint may be made under the judicial appointments order after the commencement of this section. (6) the judicial appointments order is the judicial appointments order in council 2001, which sets out the functions of her majesty's commissioners for judicial appointments. (7) a transferred complaint is a complaint that lay to those commissioners (whether or not it was made to them) in respect of the application of procedures for appointment to listed judicial offices before the commencement of this section, but not a complaint that those commissioners had declined to investigate or on which they had concluded their investigation. (8) any complaint to the ombudsman under this section must be in a form approved by him.” 128. report and recommendations after section 9d of the 2002 act insert— “9e report and recommendations (1) the ombudsman must prepare a report on any complaint he has investigated under section 9d. (2) the report must state— (a) what findings the ombudsman has made; (b) whether he considers the complaint should be upheld in whole or part; (c) if he does, what if any action he recommends should be taken by the commission or the lord chancellor as a result of the complaint. (3) the recommendations that may be made under subsection (2)(c) include recommendations for the payment of compensation. (4) such a recommendation must relate to loss which appears to the ombudsman to have been suffered by the complainant as a result of maladministration and not as a result of any failure to be appointed to an office to which the complaint related.” 129. report procedure after section 9e of the 2002 act insert— “9f report procedure (1) this section applies to a report under section 9e. (2) the ombudsman must submit a draft of the report— (a) to the lord chancellor, and (b) if the complaint was a commission complaint, to the commission. (3) in finalising the report the ombudsman— (a) must have regard to any proposal by the lord chancellor or the commission for changes in the draft report; (b) must include in the report a statement of any such proposal not given effect to. (4) the report must be signed by the ombudsman. (5) if the complaint was a commission complaint the ombudsman must send the report in duplicate to the lord chancellor and the commission. (6) otherwise the ombudsman must send the report to the lord chancellor. (7) the ombudsman must send a copy of the report to the complainant, but that copy must not include information— (a) which relates to an identified or identifiable individual other than the complainant, and (b) whose disclosure by the ombudsman to the complainant would (apart from this subsection) be contrary to section 9i.” 130. references by the lord chancellor after section 9f of the 2002 act insert— “9g references by the lord chancellor (1) if the lord chancellor refers to the ombudsman any matter relating to the procedures of the commission or a committee of the commission, the ombudsman must investigate it. (2) the matter may relate to such procedures generally or in a particular case. (3) the ombudsman must report to the lord chancellor on any investigation under this section. (4) the report must state— (a) what findings the ombudsman has made; (b) what if any action he recommends should be taken by any person in relation to the matter. (5) the report must be signed by the ombudsman.” 131. information after section 9g of the 2002 act insert— “9h information the commission and the lord chancellor must provide the ombudsman with such information as he may reasonably require relating to the subject matter of an investigation under section 9d or 9g.” 132. confidentiality in relation to judicial appointments and discipline after section 9h of the 2002 act insert— “9i confidentiality in relation to judicial appointments and discipline (1) a person who obtains confidential information, or to whom confidential information is provided, under or for the purposes of a relevant provision must not disclose it except with lawful authority. (2) these are the relevant provisions— (a) section 12, 12a and 12b of the judicature (northern ireland) act 1978 (appointment and removal of lord chief justice, lords justices of appeal and judges of high court) ; (b) sections 3, 5, 7 and 9 to 9h of this act (appointment and removal of judicial officers, and appointment and removal of lay magistrates) ; (c) sections 134 and 135 of the constitutional reform act 2005 (removal from judicial offices) ; (d) section 16 of this act (complaints about judicial officers) ; (3) information is confidential if it relates to an identified or identifiable individual (a “subject”) . (4) confidential information is disclosed with lawful authority only if and to the extent that any of the following applies— (a) the disclosure is with the consent of each person who is a subject of the information (but this is subject to subsection (5) ) ; (b) the disclosure is for (and is necessary for) the exercise by any person of functions under a relevant provision or a decision whether to exercise them; (c) the disclosure is required, under rules of court or a court order, for the purposes of legal proceedings of any description. (5) an opinion or other information given by one identified or identifiable individual (a) about another (b) — (a) is information that relates to both; (b) must not be disclosed to b without a's consent. (6) this section does not prevent the disclosure with the agreement of the lord chancellor and the lord chief justice of information as to disciplinary action taken in accordance with a relevant provision. (7) this section does not prevent the disclosure of information which is already, or has previously been, available to the public from other sources. (8) a contravention of this section in respect of any information is actionable, subject to the defences and other incidents applying to actions for breach of statutory duty. (9) but it is actionable only at the suit of a person who is a subject of the information. transfer of functions of justices of the peace” chapter 2. removals 133. removal from most senior judicial offices in the judicature (northern ireland) act 1978 (c. 23) before section 13 insert— “12b tenure of office (1) the lord chief justice, lords justices of appeal and judges of the high court hold office during good behaviour (subject to section 26 of, and schedule 7 to, the judicial pensions and retirement act 1993) . (2) her majesty may on an address presented to her majesty by both houses of parliament remove a person from office as lord chief justice, a lord justice of appeal or a judge of the high court. (3) a motion for the presentation of an address to her majesty for the removal of a person from any of those offices may be made— (a) to the house of commons only by the prime minister; and (b) to the house of lords only by the lord chancellor or, if the lord chancellor is not a member of that house, by another minister of the crown at his request. (4) no motion for the presentation of such an address may be made unless a tribunal convened under section 135 of the constitutional reform act 2005 has reported to the lord chancellor recommending that the person be removed from the office on the ground of misbehaviour. (5) the prime minister shall lay a copy of the report before the house of commons before making a motion for the presentation of an address in that house; and a person making such a motion in the house of lords shall lay a copy of the report before that house before making the motion. (6) if the prime minister and lord chancellor are considering the making of motions for the presentation of an address to her majesty in relation to the lord chief justice, the prime minister may suspend him from office; and if they are considering the making of such motions in relation to a lord justice of appeal or a judge of the high court the prime minister may suspend him from office with the agreement of the lord chief justice. (7) if a person is suspended from an office under subsection (6) , he may not perform any of the functions of the office (but his other rights as holder of the office are unaffected) .” 134. removal from listed judicial offices a person holding a listed judicial office other than as a judge of the high court may be removed from office (and suspended from office pending a decision whether to remove him) but only in accordance with this section. the power to remove or suspend him is exercisable by the lord chancellor. he may only be removed if a tribunal convened under section 135 has reported to the lord chancellor recommending that he be removed on the ground of misbehaviour or inability to perform the functions of the office. he may only be suspended if the tribunal, at any time when it is considering whether to recommend his removal, has recommended to the lord chancellor that he be suspended. he may not be removed or suspended except after consultation with the lord chief justice. if he is suspended he may not perform any of the functions of the office until the decision whether to remove him has been taken (but his other rights as holder of the office are unaffected). 135. tribunals for considering removal a tribunal to consider the removal of the lord chief justice may be convened by the lord chancellor. a tribunal to consider the removal of the holder of any other protected judicial office may be convened— by the lord chancellor, after consulting the lord chief justice, or by the lord chief justice, after consulting the lord chancellor. a tribunal to consider the removal of the lord chief justice or a lord justice of appeal may not be convened unless the prime minister has been consulted. a tribunal to consider the removal of the lord chief justice, a lord justice of appeal or a judge of the high court is to consist of— a person who holds high judicial office within the meaning of part 3 and does not hold (and has never held) the office of lord chief justice, lord justice of appeal or judge of the high court, a person who is, or has been, a judge of the court of appeal of england and wales or the inner house of the court of session, and a person who does not hold (and has never held) a protected judicial office and is not (and has never been) a barrister or solicitor. a tribunal to consider the removal of the holder of any other protected judicial office is to consist of— a person who holds, or has held, the office of lord chief justice or lord justice of appeal, a person who holds the office of judge of the high court, and a person who does not hold (and has never held) a protected judicial office and is not (and has never been) a barrister or solicitor. the chairman of a tribunal is the person mentioned in paragraph (a) of subsection (4)or (5). the selection of the persons to be the members of a tribunal under paragraphs (a) and (b) of subsection (4) is to be made by the lord chancellor, after consultation with— the lord chief justice (unless the tribunal is to consider his removal from office), the president of the supreme court of the united kingdom, the lord chief justice of england and wales, and the lord president of the court of session. the selection of the persons to be the members of a tribunal under paragraphs (a) and (b) of subsection (5) is to be made by the lord chief justice. the selection of the person who is to be the member of a tribunal under paragraph (c) of subsection (4) or (5) is to be made by the lord chancellor. the procedure of a tribunal is to be determined by the lord chief justice except where— the office of lord chief justice is vacant, he is not available, or the tribunal is to consider his removal from office; and in such a case its procedure is to be determined by its chairman. the lord chancellor may pay to a member of a tribunal any such allowances or fees as he may determine. 136. interpretation of part 5 in this part— “listed judicial office” means an office listed in schedule 1 to the justice (northern ireland) act 2002 (c. 26); “lord chief justice”, unless otherwise stated, means the lord chief justice of northern ireland; “lord justice of appeal” means a person styled as such under section 3 of the judicature (northern ireland) act 1978 (c. 23); “protected judicial office” means the office of lord chief justice, the office of lord justice of appeal or a listed judicial office. part 6. other provisions relating to the judiciary 137. parliamentary disqualification in part 1 of schedule 1 to the house of commons disqualification act 1975 (c. 24) (judicial offices disqualifying for membership) at the beginning insert— “ judge of the supreme court. ” in part 1 of schedule 1 to the northern ireland assembly disqualification act 1975 (c. 25) (judicial offices disqualifying for membership) at the beginning insert— “ judge of the supreme court. ” a member of the house of lords is, while he holds any disqualifying judicial office, disqualified for sitting or voting in— the house of lords, a committee of that house, or a joint committee of both houses. in subsection (3) “disqualifying judicial office” means any of the judicial offices specified in— part 1 of schedule 1 to the house of commons disqualification act 1975, or part 1 of schedule 1 to the northern ireland assembly disqualification act 1975. a member of the house of lords who is disqualified under subsection (3) is not for that reason disqualified for receiving a writ of summons to attend that house, but any such writ is subject to that subsection. 137a. encouragement of diversity each of the lord chancellor and the lord chief justice of england and wales must take such steps as that office-holder considers appropriate for the purpose of encouraging judicial diversity. 138. judicial committee of the privy council schedule 16 contains amendments about the judicial committee of the privy council. part 7. general 139. confidentiality a person who obtains confidential information, or to whom confidential information is provided, under or for the purposes of a relevant provision must not disclose it except with lawful authority. these are the relevant provisions— sections 26 and 27 and regulations under section 27a; part 4; regulations and rules under part 4. information is confidential if it relates to an identified or identifiable individual (a “subject”). confidential information is disclosed with lawful authority only if and to the extent that any of the following applies— the disclosure is with the consent of each person who is a subject of the information (but this is subject to subsection (5)); the disclosure is for (and is necessary for) the exercise by any person of functions under a relevant provision; the disclosure is for (and is necessary for) the exercise of functions under section 11(3a) of the supreme court act 1981 (c. 54) or a decision whether to exercise them; the disclosure is for (and is necessary for) the exercise of powers to which section 108 applies, or a decision whether to exercise them; the disclosure is required, under rules of court or a court order, for the purposes of legal proceedings of any description. an opinion or other information given by one identified or identifiable individual (a) about another (b)— is information that relates to both; must not be disclosed to b without a's consent. this section does not prevent the disclosure with the agreement of the lord chancellor and the lord chief justice of information as to disciplinary action taken in accordance with a relevant provision. this section does not prevent the disclosure of information which is already, or has previously been, available to the public from other sources. a contravention of this section in respect of any information is actionable, subject to the defences and other incidents applying to actions for breach of statutory duty. but it is actionable only at the suit of a person who is a subject of the information. 140. enactment in this act “enactment” includes— an enactment contained in this act; an enactment contained in a local, personal or private act; except in sections 19 and 143, an enactment contained in subordinate legislation;and any reference to an enactment includes a reference to an enactment whenever passed or made. in section 22 “enactment” also includes an enactment contained in, or in an instrument made under, northern ireland legislation. in part 3 “enactment” also includes— an enactment comprised in, or in an instrument made under, an act of the scottish parliament; an enactment contained in, or in an instrument made under, northern ireland legislation. in sections 19, 21 and 143 and in paragraph 3 of schedule 7 “enactment” also includes— an enactment contained in northern ireland legislation; an enactment contained in a measure of the church assembly or of the general synod of the church of england. 141. subordinate legislation in this act “subordinate legislation” has the same meaning as in the interpretation act 1978 (c. 30). in sections 19 and 143 “subordinate legislation” also includes an enactment contained in an instrument made under northern ireland legislation. 142. general interpretation in this act— “functions” includes powers and duties; “minister of the crown” has the same meaning as in the ministers of the crown act 1975 (c. 26). 143. supplementary provision etc the lord chancellor may by order make— any supplementary, incidental or consequential provision, and any transitory, transitional or saving provision,which he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision of this act. an order under this section may in particular— provide for any provision of this act which comes into force before another such provision has come into force to have effect, until that other provision has come into force, with such modifications as are specified in the order; amend or repeal any of the following— an enactment other than one contained in an act passed, or northern ireland legislation passed or made, after the session in which this act is passed; subordinate legislation other than subordinate legislation made under an act passed, or northern ireland legislation passed or made, after the session in which this act is passed; any other instrument or document, including a prerogative instrument; amend or repeal an enactment or subordinate legislation, whenever passed or made, in consequence of section 59. the amendments that may be made by virtue of subsection (2)(b) are in addition to those made by or under any other provision of this act. in this section “prerogative instrument” means an order in council, warrant, charter or other instrument made under the prerogative. 144. orders and regulations any power of a minister of the crown to make an order or regulations under this act is exercisable by statutory instrument, except where subsection (2) applies. any power of the lord chancellor to make an order under section 19(1) or 143 amending an enactment contained in, or in an instrument made under, northern ireland legislation is exercisable by statutory rule for the purposes of the statutory rules (northern ireland) order 1979 (s.i. 1979/1573 (n.i. 12)). regulations under section 115, 120(5) or 121(5) are to be made in the form of a statutory instrument to which the statutory instruments act 1946 (c. 36) applies as if the regulations were made by a minister of the crown. a statutory instrument to which this subsection applies may not be made unless a draft of the instrument has been laid before and approved by a resolution of each house of parliament. subsection (4) applies to a statutory instrument which contains any of the following— regulations under section 27a; an order under section 85(3)(a) or (b) which amends part 1 of schedule 14; an order under section 85(5); regulations under section 94 or 94c; an order under section 19(1) which amends a public general act, except where the only such amendment is the inclusion in schedule 7 of a function of the lord chancellor; an order under section 19(1) which amends subordinate legislation of which a draft was required to be laid before and approved by a resolution of each house of parliament, except where the only such amendment consists of provision that falls within subsection (2)(b) of section 19; an order under section 143 which amends a public general act; regulations under part 1 of schedule 12. in any other case a statutory instrument containing an order or regulations under this act, unless it contains only an order under section 27b(5), 66(5) or 148, is subject to annulment in pursuance of a resolution of either house of parliament. a statutory rule made under a power to which subsection (2) applies is subject to annulment in pursuance of a resolution of either house of parliament. 145. minor and consequential amendments schedule 17 (minor and consequential amendments) has effect. 146. repeals and revocations the provisions listed in schedule 18 are repealed or revoked to the extent specified. 147. extent sections 7, 8 and 9 extend to england and wales only. section 6 and part 5 extend to northern ireland only. any amendment, repeal or revocation made by this act has the same extent as the provision to which it relates. subject to subsections (1) to (3), this act extends to northern ireland. 148. commencement this act, except the following provisions, comes into force in accordance with provision to be made by the lord chancellor by order. the provisions excepted from subsection (1) are— section 4; sections 18 to 22; sections 140 to 144; section 147; this section; section 149; schedules 6 and 7. section 4 comes into force in accordance with provision to be made by the secretary of state by order. an order by which section 23(1) comes into force at any time may not be made unless the lord chancellor is satisfied that the supreme court will at that time be provided with accommodation in accordance with written plans that he has approved. the lord chancellor may approve plans only if, having consulted the lords of appeal in ordinary holding office at the time of the approval, he is satisfied that accommodation in accordance with the plans will be appropriate for the purposes of the court. an order under this section may make different provision for different purposes. 149. short title this act may be cited as the constitutional reform act 2005. [schedules omitted due to length full text of schedules can be found online at http://www.legislation.gov.uk/ukpga/2005/4/schedules] government of wales act 2006 preamble an act to make provision about the government of wales. [25th july 2006] be it enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, as follows:— part 1. national assembly for wales subheading 1. the assembly 1. the assembly there is to be an assembly for wales to be known as the national assembly for wales or cynulliad cenedlaethol cymru (referred to in this act as “the assembly”). the assembly is to consist of— one member for each assembly constituency (referred to in this act as “assembly constituency members”), and members for each assembly electoral region (referred to in this act as “assembly regional members”). members of the assembly (referred to in this act as “assembly members”) are to be returned in accordance with the provision made by and under this act for— the holding of general elections of assembly members (for the return of the entire assembly), and the filling of vacancies in assembly seats. the validity of any assembly proceedings is not affected by any vacancy in its membership. in this act “assembly proceedings” means any proceedings of— the assembly, committees of the assembly, or sub-committees of such committees. 2. assembly constituencies and electoral regions the assembly constituencies are the constituencies specified in the parliamentary constituencies and assembly electoral regions (wales) order 2006 (s.i. 2006/1041) as amended by— the parliamentary constituencies and assembly electoral regions (wales) (amendment) order 2008 (s.i. 2008/1791), and any order in council under the parliamentary constituencies act 1986 giving effect (with or without modifications) to a report falling within section 13(3) or (4) of the parliamentary voting system and constituencies act 2011. there are five assembly electoral regions. the assembly electoral regions are as specified in the parliamentary constituencies and assembly electoral regions (wales) order 2006. there are four seats for each assembly electoral region. [repealed] [repealed] subheading 2. general elections 3. ordinary general elections the poll at an ordinary general election is to be held on the first thursday in may in the fourth calendar year following that in which the previous ordinary general election was held, unless provision is made for the day of the poll by an order under section 4. if the poll is to be held on the first thursday in may, the assembly— is dissolved by virtue of this section at the beginning of the minimum period which ends with that day, and must meet within the period of seven days beginning immediately after the day of the poll. in subsection (2) “the minimum period” means the period determined in accordance with an order under section 13. in calculating any period of days for the purposes of subsection (2)(b), the following days are to be disregarded— saturday and sunday, any day which is a bank holiday in wales under the banking and financial dealings act 1971 (c. 80), and any day appointed for public thanksgiving or mourning. 4. power to vary date of ordinary general election the secretary of state may by order provide for the poll at an ordinary general election to be held on a day which is neither— more than one month earlier, nor more than one month later, than the first thursday in may. an order under this section must make provision for the assembly— to be dissolved on a day specified in the order, and to meet within the period of seven days beginning immediately after the day of the poll. in calculating any period of days for the purposes of provision made by virtue of subsection (2)(b), the following days are to be disregarded— saturday and sunday, good friday, any day which is a bank holiday in wales under the banking and financial dealings act 1971 (c. 80), and any day appointed for public thanksgiving or mourning. an order under this section may make provision for— any provision of, or made under, the representation of the people acts, or any other enactment relating to the election of assembly members, to have effect with such modifications or exceptions as the secretary of state considers appropriate in connection with the alteration of the day of the poll. no order is to be made under this section unless the secretary of state has consulted the welsh ministers about it. a statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either house of parliament. 5. extraordinary general elections the secretary of state must propose a day for the holding of a poll at an extraordinary general election if subsection (2) or (3) applies. this subsection applies if— the assembly resolves that it should be dissolved, and the resolution of the assembly is passed on a vote in which the number of assembly members voting in favour of it is not less than two-thirds of the total number of assembly seats. this subsection applies if any period during which the assembly is required under section 47 to nominate an assembly member for appointment as the first minister ends without such a nomination being made. if the secretary of state proposes a day under subsection (1), her majesty may by order in council— dissolve the assembly and require an extraordinary general election to be held, require the poll at the election to be held on the day proposed, and require the assembly to meet within the period of seven days beginning immediately after the day of the poll. if a poll is held under this section within the period of six months ending with the day on which the poll at the next ordinary general election would be held (disregarding section 4), that ordinary general election is not to be held. but subsection (5) does not affect the year in which the subsequent ordinary general election is to be held. in calculating any period of days for the purposes of subsection (4)(c), the following days are to be disregarded— saturday and sunday, christmas eve, christmas day and good friday, any day which is a bank holiday in wales under the banking and financial dealings act 1971 (c. 80), and any day appointed for public thanksgiving or mourning. 6. voting at general elections each person entitled to vote at a general election in an assembly constituency has two votes. one (referred to in this act as a “constituency vote”) is a vote which may be given for a candidate to be the assembly constituency member for the assembly constituency. the other (referred to in this act as an “electoral region vote”) is a vote which may be given for— a registered political party which has submitted a list of candidates to be assembly regional members for the assembly electoral region in which the assembly constituency is included, or an individual who is a candidate to be an assembly regional member for that assembly electoral region. the assembly constituency member for the assembly constituency is to be returned under the simple majority system. the assembly regional members for the assembly electoral region are to be returned under the additional member system of proportional representation provided for in this part. in this act “registered political party” means a party registered under part 2 of the political parties, elections and referendums act 2000 (c. 41). 7. candidates at general elections at a general election a person may not be a candidate to be the assembly constituency member for more than one assembly constituency. any registered political party may submit a list of candidates for return as assembly regional members for a particular assembly electoral region at a general election. the list must be submitted to the regional returning officer. the list must not include more than twelve persons (but may include only one). the list must not include a person— who is included on any other list submitted for the assembly electoral region or any list submitted for another assembly electoral region, who is an individual candidate to be an assembly regional member for the assembly electoral region or another assembly electoral region, or who is a candidate to be the assembly constituency member for an assembly constituency. a person may not be an individual candidate to be an assembly regional member for the assembly electoral region if that person is— included on a list submitted by a registered political party for the assembly electoral region or another assembly electoral region, an individual candidate to be an assembly regional member for another assembly electoral region, or a candidate to be the assembly constituency member for an assembly constituency. in this act “regional returning officer”, in relation to an assembly electoral region, means the person designated as the regional returning officer for the assembly electoral region in accordance with an order under section 13. 8. calculation of electoral region figures this section and section 9 are about the return of assembly regional members for an electoral region at a general election. the person who is to be returned as the assembly constituency member for each assembly constituency in the assembly electoral region is to be determined before it is determined who are to be returned as the assembly regional members for the assembly electoral region. for each registered political party by which a list of candidates has been submitted for the assembly electoral region— there is to be added together the number of electoral region votes given for the party in the assembly constituencies included in the assembly electoral region, and the number arrived at under paragraph (a) is then to be divided by the aggregate of one and the number of candidates of the party returned as assembly constituency members for any of those assembly constituencies. for each individual candidate to be an assembly regional member for the assembly electoral region there is to be added together the number of electoral region votes given for the candidate in the assembly constituencies included in the assembly electoral region. the number arrived at— in the case of a registered political party, under subsection (3)(b), or in the case of an individual candidate, under subsection (4), is referred to in this act as the electoral region figure for that party or individual candidate. 9. allocation of seats to electoral region members the first seat for the assembly electoral region is to be allocated to the party or individual candidate with the highest electoral region figure. the second and subsequent seats for the assembly electoral region are to be allocated to the party or individual candidate with the highest electoral region figure after any recalculation required by subsection (3) has been carried out. this subsection requires a recalculation under paragraph (b) of section 8(3) in relation to a party— for the first application of subsection (2), if the application of subsection (1) resulted in the allocation of an assembly seat to the party, or for any subsequent application of subsection (2), if the previous application of that subsection did so, and a recalculation is to be carried out after adding one to the aggregate mentioned in that paragraph. an individual candidate already returned as an assembly regional member is to be disregarded. seats for the assembly electoral region which are allocated to a party are to be filled by the persons on the party's list in the order in which they appear on the list. once a party's list has been exhausted by the return of persons included on it as assembly regional members by the previous application of subsection (1) or (2), the party is to be disregarded. if (on the application of subsection (1) or any application of subsection (2)) the highest electoral region figure is the electoral region figure of two or more parties or individual candidates, the subsection applies to each of them. however, if subsection (7) would mean that more than the full number of seats for the assembly electoral region were allocated, subsection (1) or (2) does not apply until— a recalculation has been carried out under section 8(3)(b) after adding one to the number of votes given for each party with that electoral region figure, and one has been added to the number of votes given for each individual candidate with that electoral region figure. if, after that, the highest electoral region figure is still the electoral region figure of two or more parties or individual candidates, the regional returning officer must decide between them by lots. subheading 3. vacancies 10. constituency vacancies this section applies if the seat of an assembly constituency member returned for an assembly constituency is vacant. subject to subsection (7), an election must be held in the assembly constituency to fill the vacancy. at the election, each person entitled to vote only has a constituency vote; and the assembly constituency member for the assembly constituency is to be returned under the simple majority system. the date of the poll at the election must be fixed by the presiding officer. the date must fall within the period of three months beginning with the occurrence of the vacancy. but if the vacancy does not come to the presiding officer's notice within the period of one month beginning with its occurrence, the date must fall within the period of three months beginning when it does come to the presiding officer's notice. the election must not be held if it appears to the presiding officer that the latest date which may be fixed for the poll would fall within the period of three months ending with the day on which the poll at the next ordinary general election would be held (disregarding section 4). the standing orders must make provision for determining the date on which a vacancy occurs for the purposes of this section. a person may not be a candidate in an election to fill a vacancy if the person is— an assembly member, or a candidate in another such election. 11. electoral region vacancies this section applies if the seat of an assembly regional member returned for an assembly electoral region is vacant. if the assembly regional member was returned (under section 9 or this section) from the list of a registered political party, the regional returning officer must notify to the presiding officer the name of the person who is to fill the vacancy. a person's name may only be so notified if the person— is included on the list submitted by the registered political party for the last general election, is willing to serve as an assembly regional member for the assembly electoral region, and is not a person to whom subsection (4) applies. this subsection applies to a person if— the person is not a member of the registered political party, and the registered political party gives notice to the regional returning officer that the person's name is not to be notified to the presiding officer as the name of the person who is to fill the vacancy. but if there is more than one person who satisfies the conditions in subsection (3), the regional returning officer may only notify the name of whichever of them was the higher, or the highest, on that list. a person whose name is notified under subsection (2) is to be treated as having been declared to be returned as an assembly regional member for the assembly electoral region on the day on which notification of the person's name is received by the presiding officer. the seat remains vacant until the next general election— if the assembly regional member was returned as an individual candidate, or if that assembly regional member was returned from the list of a registered political party but there is no-one who satisfies the conditions in subsection (3). for the purposes of this section, a person included on the list submitted by a registered political party for the last general election who— was returned as an assembly regional member under section 9 at that election (even if the return was void), has subsequently been a candidate in an election held under section 10 (whether or not returned), or has subsequently been returned under this section (even if the return was void), is treated on and after the return of the person, or of the successful candidate at the election, as not having been included on the list. subheading 4. franchise and conduct of elections 12. entitlement to vote the persons entitled to vote at an election of assembly members (or of an assembly member) in an assembly constituency are those who on the day of the poll— would be entitled to vote as electors at a local government election in an electoral area wholly or partly included in the assembly constituency, and are registered in the register of local government electors at an address within the assembly constituency. but a person is not entitled as an elector— to cast more than one constituency vote, or more than one electoral region vote, in the same assembly constituency at any general election, to vote in more than one assembly constituency at any general election, or to cast more than one vote in any election held under section 10. 13. power to make provision about elections etc the secretary of state may by order make provision as to— the conduct of elections for the return of assembly members, the questioning of an election for the return of assembly members and the consequences of irregularities, and the return of an assembly member otherwise than at an election. the provision which may be made under subsection (1)(a) includes, in particular, provision— about the registration of electors, for disregarding alterations in a register of electors, about the limitation of the election expenses of candidates (and the creation of criminal offences in connection with the limitation of such expenses), for the combination of polls at elections for the return of assembly members and other elections, and for modifying the operation of sections 6 and 8(2) in a case where the poll at an election for the return of the assembly constituency member for an assembly constituency is abandoned (or notice of it is countermanded). the provision that may be made under subsection (1)(c) includes, in particular, provision making modifications to section 11(3) to (5). an order under this section may— apply or incorporate, with or without modifications or exceptions, any provision of or made under the election enactments, modify any form contained in, or in regulations or rules made under, the representation of the people acts so far as may be necessary to enable it to be used both for the original purpose and in relation to elections for the return of assembly members, and so far as may be necessary in consequence of any provision made by this act or an order under this section, make modifications of any provision made by or under any enactment relating to the registration of parliamentary electors or local government electors. in subsection (4)(a) “the election enactments” means— the representation of the people acts, the political parties, elections and referendums act 2000 (c. 41), the european parliamentary elections act 2002 (c. 24), and any other enactments relating to parliamentary elections, european parliamentary elections or local government elections. no return of an assembly member at an election may be questioned except by an election petition under the provisions of part 3 of the representation of the people act 1983 (c. 2) as applied by or incorporated in an order under this section. no order is to be made under this section unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each house of parliament. subheading 5. duration of membership 14. term of office of assembly members the term of office of an assembly member— begins when the assembly member is declared to be returned, and ends with the dissolution of the assembly. 15. resignation of members an assembly member may at any time resign by giving notice in writing to the presiding officer. subheading 6. disqualification 16. disqualification from being assembly member a person is disqualified from being an assembly member if that person— is disqualified from being a member of the house of commons under paragraphs (a) to (e) of section 1(1) of the house of commons disqualification act 1975 (c. 24) (judges, civil servants, members of the armed forces, members of police forces and members of foreign legislatures), holds any of the offices for the time being designated by order in council as offices disqualifying persons from being assembly members, holds the office of auditor general, holds the office of public services ombudsman for wales, or is employed as a member of the staff of the assembly. subject to section 17(1) and (2), a person is also disqualified from being an assembly member if that person is disqualified otherwise than under the house of commons disqualification act 1975 (c. 24) (either generally or in relation to a particular constituency) from being a member of the house of commons or from sitting and voting in it. for the purposes of subsection (2) the references to the republic of ireland in section 1 of the representation of the people act 1981 (c. 34) (disqualification of offenders detained in, or unlawfully at large from detention in, the british islands or the republic of ireland) are to be treated as references to any member state (other than the united kingdom). a person who holds office as lord-lieutenant, lieutenant or high sheriff of any area in wales is disqualified from being an assembly member for any assembly constituency or assembly electoral region wholly or partly included in that area. an order in council under paragraph (b) of subsection (1)— may designate particular offices or offices of any description, and may designate an office by reference to any characteristic of a person holding it, and in that paragraph and this subsection “office” includes any post or employment. no recommendation is to be made to her majesty in council to make an order in council under subsection (1)(b) unless a draft of the statutory instrument containing the order in council has been laid before, and approved by a resolution of, the assembly. 17. exceptions and relief from disqualification a person is not disqualified from being an assembly member merely because that person is— a peer (whether of the united kingdom, great britain, england or scotland), or a lord spiritual. a citizen of the european union who is resident in the united kingdom is not disqualified from being an assembly member merely because of section 3 of the act of settlement (1700 c. 2) (disqualification of certain persons born outside united kingdom). the assembly may resolve that the disqualification of any person who was, or is alleged to have been, disqualified from being an assembly member on a ground within section 16(1) or (4) is to be disregarded if it appears to the assembly— that the ground has been removed, and that it is proper so to resolve. a resolution under subsection (3) does not— affect any proceedings under part 3 of the representation of the people act 1983 (c. 2) as applied by or incorporated in an order under section 13, or enable the assembly to disregard any disqualification which has been established in such proceedings or in proceedings under section 19. 18. effect of disqualification if a person who is disqualified from being an assembly member is returned as an assembly member, the person's return is void and the person's seat is vacant. if a person who is disqualified from being an assembly member for a particular assembly constituency or assembly electoral region is returned as an assembly member for that assembly constituency or assembly electoral region, the person's return is void and the person's seat is vacant. if a person who is an assembly member becomes disqualified— from being an assembly member, or from being an assembly member for the assembly constituency or assembly electoral region for which the person is sitting, the person ceases to be an assembly member (so that the person's seat is vacant). subsections (1) to (3) have effect subject to any resolution of the assembly under section 17(3). in addition, subsection (3) has effect subject to— [omitted] section 427 of the insolvency act 1986 (c. 45) (bankruptcy etc.). if, in consequence of the provision mentioned in subsection (5), the seat of a person who is disqualified from being an assembly member is not vacant, the person does not cease to be an assembly member until the person's seat becomes vacant. but for any period for which the person is disqualified but the person's seat is not vacant— the person must not participate in any assembly proceedings, and any of the person's other rights and privileges as an assembly member may be withdrawn by the assembly. the validity of any assembly proceedings is not affected by the disqualification of any person— from being an assembly member, or from being an assembly member for the assembly constituency or assembly electoral region for which the person purports to sit. 19. judicial proceedings as to disqualification any person who claims that a person purporting to be an assembly member is, or at any time since being returned as an assembly member has been, disqualified from being— an assembly member, or an assembly member for the assembly constituency or assembly electoral region for which the person purports to sit, may apply to the high court for a declaration to that effect. an application under subsection (1) in respect of any person may be made whether the grounds on which it is made are alleged to have subsisted at the time when the person was returned or to have arisen subsequently. no declaration may be made under this section in respect of any person— on grounds which subsisted when the person was returned, if an election petition is pending or has been tried in which the person's disqualification on those grounds is or was in issue, or on any ground, if a resolution of the assembly under section 17(3) requires that any disqualification incurred by the person on that ground is to be disregarded. on an application under this section— the person in respect of whom the application is made is to be the respondent, and the applicant must give such security for the costs of the proceedings as the court may direct. the amount of the security may not exceed £5,000 or such other sum as the welsh ministers may specify by order. the decision of the court on an application under this section is final. a statutory instrument containing an order under subsection (5) is subject to annulment in pursuance of a resolution of the assembly. subheading 7. remuneration, oaths etc 20. remuneration of assembly members provision must be made for the payment of salaries to assembly members. provision may be made for the payment of allowances to assembly members. provision may be made for the payment of pensions, gratuities or allowances to, or in respect of, any person who— has ceased to be an assembly member, or has ceased to hold office as the presiding officer or deputy presiding officer, or such other office in connection with the assembly as the assembly may determine, but continues to be an assembly member. such provision may, in particular, include provision for— contributions or payments towards provision for such pensions, gratuities or allowances, and the establishment and administration (whether by the assembly commission or otherwise) of one or more pension schemes. sums required for the making of payments by virtue of provision under subsection (1) or (3) to or in respect of a person who holds or has held the office of presiding officer or deputy presiding officer are to be charged on the welsh consolidated fund. provision under this section is to be made by determination made by the board. the assembly commission must give effect to any determination made by the board under this section. in this section (and in sections 22, 24, 53 and 54) “the board” means the national assembly for wales remuneration board established by section 1 of the national assembly for wales (remuneration) measure 2010 (nawm 4 —). 21. limit on salaries of assembly members the assembly must make provision to ensure that the amount of the salary payable to an assembly member in accordance with section 20 is reduced if a salary is payable to the assembly member— under section 4 of the parliamentary standards act 2009 (salaries of members of the house of commons), pursuant to a resolution (or combination of resolutions) of the house of lords relating to the remuneration of members of that house, or under section 1 of the european parliament (pay and pensions) act 1979 (c. 50) (remuneration of united kingdom meps). the provision made must ensure that the amount of salary is reduced— to a particular proportion of what it otherwise would be or to a particular amount, or by the amount of any salary payable to the assembly member as mentioned in subsection (1)(za),(a) or (b), by a particular proportion of that amount or by some other particular amount. provision may be made under this section by— the standing orders, or resolutions of the assembly, and may include provision conferring functions on the assembly commission. 22. remuneration: supplementary different provision may be made under section 20 or 21 for different cases. the assembly commission must ensure that information concerning— the amounts paid to each assembly member as salary and allowances, and the total amount paid to assembly members as salaries and allowances, is published for each financial year the assembly commission must lay before the assembly every determination made by the board under section 20(6) as soon as is reasonably practicable after it is made. for the purposes of sections 20 and 21 a person who— ceases to be an assembly member when the assembly is dissolved, but is nominated as a candidate at the subsequent general election, is to be treated as an assembly member until the end of the day on which the poll at the election is held. where a person— ceases to be an assembly member when the assembly is dissolved, but continues to hold office as presiding officer or as a member of the assembly commission by virtue of paragraph 1(1) or (2) of schedule 2, the fact that the person is no longer an assembly member does not affect any entitlement under sections 20 and 21 in respect of the holding of office as presiding officer or as a member of the assembly commission (or both) until the end of the day on which the person ceases to hold it. provision made under section 20(3) does not affect pensions or allowances in payment before the provision was made. 23. oath or affirmation of allegiance an assembly member must take the oath of allegiance in the form set out in section 2 of the promissory oaths act 1868 (c. 72) (or make the corresponding affirmation) as soon as is reasonably practicable after being returned as an assembly member (whether for the first time or subsequently). the standing orders must specify the person before whom the oath is to be taken (or the affirmation made). subsection (1) does not require an assembly member to take the oath of allegiance (or make the corresponding affirmation) again if it has been taken (or made) by the assembly member in compliance with section 55(2) since being returned (or last returned). until an assembly member has taken the oath (or made the affirmation) the assembly member must not do anything as an assembly member, other than— take part in proceedings of the assembly at which assembly members take the oath or make the affirmation, or take part in any earlier proceedings for the election of the presiding officer or deputy presiding officer. if an assembly member has not taken the oath (or made the affirmation) within— the period of two months beginning with the day on which the assembly member was declared to be returned, or such longer period as the assembly may have allowed before the end of that period of two months, at the end of that period of two months or longer period the assembly member ceases to be an assembly member (so that the assembly member's seat is vacant). until an assembly member has taken the oath (or made the affirmation), no salary, allowance, gratuity or payment towards the provision of a pension, allowance or gratuity is to be paid under this act to or in respect of the assembly member. but subsection (6) does not affect any entitlement to payments in respect of the period before the assembly member took the oath (or made the affirmation) once the assembly member has done so. 24. assistance to groups of assembly members the assembly commission must make to (or in respect of) political groups to which assembly members belong such payments as the board from time to time determines for the purpose of assisting assembly members who belong to those political groups to perform their functions as assembly members. a determination under subsection (1) may make provision— for calculating the amount of any payment to (or in respect of) a political group, for the conditions subject to which payments to (or in respect of) a political group are to be made, and for claims for such payments to be made to the assembly commission. a determination under subsection (1) may make different provision for different political groups. [omitted] the standing orders must include provision for determining for the purposes of this act whether any assembly member belongs to a political group and, if so, to which; and (in particular)— may include provision for treating an assembly member as not belonging to a political group unless a specified number of assembly members belong to it, and must include provision requiring the presiding officer to decide any questions arising under the provision included by virtue of this subsection. the assembly commission must lay before the assembly every determination made by the board under section 24(1) as soon as is reasonably practicable after it is made. the assembly commission must ensure that information concerning the sums paid under this section is published for each financial year. subheading 8. presiding officer and administration 25. presiding officer etc the assembly must, at its first meeting following a general election, elect from among the assembly members— a presiding officer (referred to in this act as “the presiding officer”), and a deputy presiding officer (referred to in this act as “the deputy presiding officer”). the person elected under paragraph (a) of subsection (1) is to be known as the presiding officer or by such other title as the standing orders may provide; and the person elected under paragraph (b) of that subsection is to be known as the deputy presiding officer or by such other title as the standing orders may provide. the presiding officer holds office until the conclusion of the next election of a presiding officer under subsection (1). the deputy presiding officer holds office until the assembly is dissolved. but the presiding officer or deputy presiding officer— may at any time resign, ceases to hold office on ceasing to be an assembly member otherwise than by reason of a dissolution, and may be removed from office by the assembly. if the presiding officer or the deputy presiding officer ceases to hold office under subsection (5) (or dies), the assembly must elect a replacement from among the assembly members. subject to subsection (9), the presiding officer and the deputy presiding officer must not belong to— the same political group, or different political groups both of which are political groups with an executive role. for the purposes of this act a political group is a political group with an executive role if the first minister or one or more of the welsh ministers appointed under section 48 belong to it. the assembly may resolve that subsection (7) is not to apply for so long as the resolution so provides; but if the motion for the resolution is passed on a vote it is of no effect unless at least two-thirds of the assembly members voting support it. the presiding officer's functions may be exercised by the deputy presiding officer if— the office of presiding officer is vacant, or the presiding officer is for any reason unable to act. the presiding officer may (subject to the standing orders) authorise the deputy presiding officer to exercise functions of the presiding officer. the standing orders may include provision for the presiding officer's functions to be exercisable by any person specified in, or determined in accordance with, the standing orders if— the office of presiding officer is vacant or the presiding officer is for any reason unable to act, and the office of deputy presiding officer is vacant or the deputy presiding officer is for any reason unable to act. the standing orders may include provision as to the participation (including voting) in assembly proceedings of the presiding officer and deputy presiding officer and any person acting by virtue of subsection (12). the validity of any act of a person as presiding officer or deputy presiding officer, or of any person acting by virtue of subsection (12), is not affected by any defect in the person's appointment by the assembly. subsections (10) to (12) are subject to paragraph 11 of schedule 2. 26. clerk of assembly the assembly commission must appoint a person to be the clerk of the assembly (referred to in this act as “the clerk”). the person appointed under subsection (1) is to be known as the clerk of the assembly or by such other title as the standing orders may provide. the clerk's functions may be exercised by any other member of the staff of the assembly (or person seconded to work at the assembly) authorised by the assembly commission if— the office of clerk is vacant, or the clerk is for any reason unable to act. the clerk may authorise any other member of the staff of the assembly (or person seconded to work at the assembly) to exercise functions on the clerk's behalf. 27. assembly commission there is to be a body corporate to be known as the national assembly for wales commission or comisiwn cynulliad cenedlaethol cymru (referred to in this act as “the assembly commission”). the members of the assembly commission are to be— the presiding officer, and four other assembly members. the standing orders must make provision for the appointment of the four other assembly members as members of the assembly commission. the provision included in the standing orders in compliance with subsection (3) must (so far as it is reasonably practicable to do so) secure that not more than one of the members of the assembly commission (other than the presiding officer) belongs to any one political group. the assembly commission must— provide to the assembly, or ensure that the assembly is provided with, the property, staff and services required for the assembly's purposes. the assembly may give special or general directions to the assembly commission for the purpose of, or in connection with, the exercise of the assembly commission's functions. any property, rights or liabilities acquired or incurred in relation to matters to which the assembly would otherwise be entitled or subject are to be treated for all purposes as property, rights or liabilities of the assembly commission. for further provision about the assembly commission see schedule 2. subheading 9. committees 28. committees and sub-committees the standing orders may provide— for the appointment of committees of the assembly, and for such committees to have power to appoint sub-committees. the members of a committee of the assembly, or of a sub-committee of such a committee, may not include anyone who is not an assembly member. the standing orders must make provision about the membership, chairing and procedure of committees of the assembly and sub-committees of such committees. the standing orders may include provision for excluding from the proceedings of a committee of the assembly, or a sub-committee of such a committee, an assembly member who is not a member of the committee or sub-committee. the validity of any proceedings of a committee of the assembly, or of a sub-committee of such a committee, is not affected by— any vacancy in its membership, any defect in the appointment of its members or of the person who chairs it, or any failure to comply with provisions of the standing orders relating to procedure. 29. composition of committees the provision included in the standing orders in compliance with section 28(3) must meet the requirements of this section. the provision must secure that the appointments to the places on each committee are (if possible) determined by a resolution of the assembly— which secures that its membership reflects (so far as is reasonably practicable) the balance of the political groups to which assembly members belong, and which (if the motion for it is passed on a vote) has no effect unless at least two-thirds of the assembly members voting support it. the provision must secure that, if the membership of a committee is not so determined— the person appointed to the first place on the committee is an assembly member belonging to the largest political group, and the persons eligible to be appointed to the second and subsequent places on the committee are ascertained in accordance with subsection (5). “the largest political group” means the political group to which the most assembly members belong. an assembly member is eligible to be appointed to the second or any subsequent place on the committee if— the number produced by subsection (6) in relation to that place for the political group to which the assembly member belongs, exceeds that so produced for each of the other political groups. the number produced for a political group in relation to the second or any subsequent place on the committee is— if one or more places are already allocated to the political group, the number of assembly members belonging to the political group divided by the aggregate of one and the number of places already so allocated, or otherwise, the number of assembly members belonging to the political group. references to a place already allocated to a political group, in relation to the appointment to the second or any subsequent place on the committee, are to a place on the committee to which an assembly member belonging to the political group is eligible to be appointed— (in relation to the second place) by virtue of subsection (3)(a), or (in relation to any subsequent place) by virtue of subsection (3)(a) or the previous application of subsection (5) in relation to a place on the committee. the provision must modify the operation of the provision made in compliance with subsections (3) to (7) for cases where— the number of assembly members belonging to two or more political groups is the same and exceeds the number of assembly members belonging to any other political group, or the number produced by subsection (6) in relation to any place on a committee is the same for two or more political groups and is greater than that so produced for any other political group. the provision must modify the operation of the provision made in compliance with subsections (2) to (8) with a view to securing that (so far as is reasonably practicable having regard to the total number of places on committees)— every assembly member who does not belong to a political group is entitled to be a member of at least one committee, and the total number of places on committees allocated to assembly members belonging to each political group is at least as great as the number of assembly members belonging to the political group. the provision must secure that the presiding officer decides questions arising under the provision made in compliance with this section. 30. audit committee the committees of the assembly must include one to be known as the audit committee or pwyllgor archwilio or by such other name as the assembly may determine; and, if the assembly makes such a determination, references to the committee in— any enactment (including any enactment comprised in or made under this act) or prerogative instrument, or any other instrument or document, have effect accordingly. the audit committee is to have the number of members specified by the standing orders. none of the following may be a member of the audit committee— the first minister or any person designated to exercise the functions of the first minister, a welsh minister appointed under section 48, the counsel general or any person designated to exercise the functions of the counsel general, or a deputy welsh minister. the audit committee must not be chaired by an assembly member who is a member of a political group with an executive role. subheading 10. proceedings etc 31. standing orders assembly proceedings are to be regulated by standing orders (referred to in this act as “the standing orders”). the standing orders must include provision for preserving order in assembly proceedings, including provision for— preventing conduct which would constitute a criminal offence or contempt of court, and a sub judice rule. the standing orders may include provision for excluding an assembly member from assembly proceedings. the standing orders may include provision for withdrawing from an assembly member any or all of the rights and privileges of membership of the assembly. the standing orders— must include provision requiring the proceedings of the assembly to be held in public, and for proceedings of a committee of the assembly or a sub-committee of such a committee to be held in public except in circumstances provided for in the standing orders, and may include provision as to the conditions to be complied with by members of the public attending the proceedings (including provision for excluding any member of the public who does not comply with the conditions). the standing orders must include provision— for reporting the proceedings of the assembly, and for reporting proceedings of committees of the assembly and sub-committees of such committees which are held in public, and for publishing the reports of proceedings as soon as reasonably practicable after the proceedings take place. the assembly may by resolution remake or revise the standing orders; but if the motion for a resolution to remake or revise the standing orders is passed on a vote, it has no effect unless at least two-thirds of the assembly members voting support it. the clerk must from time to time publish the standing orders. 32. participation by uk ministers etc the secretary of state for wales is entitled to participate in proceedings of the assembly but not to vote. the standing orders must include provision for any documents which— contain material relating to any proceedings of the assembly which have taken place or are to take place, and are made available to all assembly members, to be made available to the secretary of state for wales no later than the time when they are made available to assembly members. the standing orders may make provision for— the participation of the secretary of state for wales in proceedings of any committee of the assembly, or any sub-committee of any such committee, and the participation in any assembly proceedings of other ministers of the crown and of persons serving in the department of the secretary of state for wales or of any other minister of the crown. the provision made by virtue of subsection (3) may not include provision conferring any right to vote. the standing orders may include provision for the making available of documents or information in connection with participation in assembly proceedings pursuant to, or to standing orders made under, this section. 33. consultation about uk government's legislative programme as soon as is reasonably practicable after the beginning of each session of parliament, the secretary of state for wales must undertake with the assembly such consultation about the uk government's legislative programme for the session as appears to the secretary of state to be appropriate. the consultation in relation to the uk government's legislative programme for a session must include participating in proceedings of the assembly relating to it on at least one occasion. for this purpose the uk government's legislative programme for a session of parliament consists of the bills which, at the beginning of the session, are intended to be introduced into either house of parliament during the session by a minister of the crown. if, at any time after the beginning of a session of parliament, it is decided that a bill should be introduced into either house of parliament during the session by a minister of the crown and no consultation about the bill has been undertaken under subsection (1), the secretary of state for wales must undertake with the assembly such consultation about the bill as appears to the secretary of state to be appropriate. this section does not require the undertaking of consultation with the assembly about a bill if it appears to the secretary of state for wales that there are considerations relating to the bill that make such consultation inappropriate. 34. participation by counsel general if not an assembly member the counsel general may participate in assembly proceedings to the extent permitted by the standing orders, but may not vote. and the standing orders may in other respects provide that they are to apply to the counsel general if not an assembly member as to an assembly member. the counsel general may, in any assembly proceedings, decline to answer any question or produce any document concerning the operation of the system of criminal prosecution in any particular case if considering that answering the question or producing the document— might prejudice criminal proceedings in the case, or would otherwise be contrary to the public interest. 35. equality of treatment the assembly must, in the conduct of assembly proceedings, give effect, so far as is both appropriate in the circumstances and reasonably practicable, to the principle that the english and welsh languages should be treated on a basis of equality. the assembly must make appropriate arrangements with a view to securing that assembly proceedings are conducted with due regard to the principle that there should be equality of opportunity for all people. 36. integrity the standing orders must include provision— for a register of interests of assembly members, and for the register to be published and made available for public inspection. the standing orders must require assembly members to register in the register of interests registrable interests, as defined for the purposes of this subsection. the standing orders must require any assembly member who has— a financial interest, as defined for the purposes of this subsection, or any other interest, or an interest of any other kind, as so defined, in any matter to declare that interest before taking part in assembly proceedings relating to that matter. the standing orders may include provision for preventing or restricting the participation in any assembly proceedings of an assembly member who has an interest within subsection (2) or (3) in any matter to which the proceedings relate. the standing orders must include provision prohibiting an assembly member from— advocating or initiating any cause or matter on behalf of any person, by any means specified in the standing orders, in consideration of any payment or benefit in kind of a description so specified, or urging, in consideration of any such payment or benefit in kind, any other assembly member to advocate or initiate any cause or matter on behalf of any person by any such means. the standing orders must include provision about (or for the making of a code or protocol about) the different roles and responsibilities of assembly constituency members and assembly regional members; and— assembly constituency members must not describe themselves in a manner which suggests that they are assembly regional members, and assembly regional members must not describe themselves in a manner which suggests that they are assembly constituency members. an assembly member who— takes part in assembly proceedings without having complied with, or in contravention of, any provision included in the standing orders in pursuance of subsections (2) to (4), or contravenes any provision included in the standing orders in pursuance of subsection (5), commits an offence. a person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. a prosecution for an offence under subsection (7) cannot be instituted except by or with the consent of the director of public prosecutions. the validity of any assembly proceedings is not affected by any contravention or failure to comply with any provision included in the standing orders in pursuance of this section. in this section— references to an assembly member (apart from those in subsection (6)) include the counsel general, if not an assembly member, and “financial interest” includes a benefit in kind. subheading 11. witnesses and documents 37. power to call subject as follows, the assembly may require any person— to attend assembly proceedings for the purpose of giving evidence, or to produce for the purposes of the assembly (or a committee of the assembly or a sub-committee of such a committee) documents in the possession, or under the control, of the person, concerning any matter relevant to the exercise by the welsh ministers of any of their functions, relevant to the exercise of any of the auditor general for wales’ functions, or relevant to the oversight and supervision of the auditor general for wales, or to the oversight and supervision of the exercise of any of his or her functions. the assembly may not impose a requirement under subsection (1) on a person who is not involved in the exercise of functions, or the carrying on of activities, in relation to wales or the welsh zone. the assembly may not impose a requirement under subsection (1) on a person who— is or has been a minister of the crown, or serves or has served in the department of a minister of the crown, in relation to the exercise of any functions of a minister of the crown. the assembly— may not impose a requirement under subsection (1) on a person who is a full-time judge of any court, and may not impose such a requirement on a person who is not within paragraph (a) but who is or has been a member of any court or tribunal in connection with the exercise of functions as such a member. where a requirement under subsection (1) is imposed on a person who is or has been a member of the staff of the welsh assembly government (or a person seconded to work for the welsh assembly government) in relation to the exercise of any functions of the welsh ministers, the first minister or the counsel general, any of them may issue a direction under subsection (6). a direction under this subsection is a direction— that the person on whom the requirement was imposed need not comply with it, and that the requirement is instead to be complied with by another person specified in the direction. the powers conferred by subsection (1)— may be exercised by and for the purposes of the audit committee, and may be exercised by and for the purposes of any other committee of the assembly, or any sub-committee of any committee of the assembly, if the committee or sub-committee is expressly authorised to do so by the assembly (whether by the standing orders or otherwise). a person is not obliged under this section to answer any question or produce any document which the person would be entitled to refuse to answer or produce in or for the purposes of proceedings in a court in england and wales. a person acting as prosecutor in criminal proceedings is not obliged under this section to answer any question or produce any document concerning the operation of the system of criminal prosecution in any particular case if the appropriate officer— considers that answering the question or producing the document might prejudice criminal proceedings in the case or would otherwise be contrary to the public interest, and has authorised the person to decline to answer the question or produce the document on that ground. in subsection (9) “the appropriate officer” means— if the proceedings were instituted by or on behalf of the welsh ministers, the first minister or the counsel general, the counsel general, and otherwise, the attorney general. 38. notice a requirement under section 37 is to be imposed on a person by the clerk giving the person notice in writing specifying— whether the requirement is imposed for the purposes of the assembly or a specified committee or sub-committee, and the matters mentioned in either paragraph (a) or paragraph (b) of subsection (2). those matters are— the time and place at which the person is to attend and the particular subject concerning which the person is required to give evidence; the documents, or types of documents, which the person is to produce, the date by which and person to whom they are to be produced and the particular subject concerning which they are required. notice under subsection (1) is to be given— in the case of an individual, by sending it in accordance with subsection (4) addressed to the person at the person's usual or last known address or, where the person has given an address for service of the notice, at that address, or in any other case, by so sending it addressed to the person at the person's registered or principal office. a notice is sent in accordance with this subsection if it is sent— by a registered post service (within the meaning of the postal services act 2000 (c. 26)), or by a postal service which provides for its delivery by post to be recorded. if a direction is issued under subsection (6) of section 37 in relation to a requirement imposed under subsection (1) of that section, the person or persons by whom it is issued must give notice in writing that the direction has been issued— if the requirement was imposed for the purposes of the assembly, to the presiding officer, and otherwise, to the person who chairs the committee or sub-committee for the purposes of which it was imposed. 39. offences a person to whom a notice under section 38(1) has been given commits an offence if the person— refuses or fails without reasonable excuse to attend proceedings as required by the notice, refuses or fails without reasonable excuse, when attending proceedings as required by the notice, to answer any question concerning the subjects specified in the notice, refuses or fails without reasonable excuse to produce any document required to be produced by the notice, or intentionally alters, suppresses, conceals or destroys any such document. subsection (1) is subject to sections 34(3) and 37(5), (6), (8) and (9). if a person charged with an offence under subsection (1)(a), (b) or (c) adduces evidence of a reasonable excuse for the refusal or failure, it is for the prosecution to prove that the person did not have such an excuse. a person guilty of an offence under subsection (1) is liable on summary conviction— to a fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding 51 weeks, or to both. where an offence under subsection (1) which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, that person, as well as the body corporate, is guilty of that offence and liable to be proceeded against accordingly. in subsection (5) “director”, in the case of a body corporate whose affairs are managed by its members, means a member of the body corporate. 40. general the presiding officer or such other person as may be authorised by the standing orders may— require any person giving evidence in assembly proceedings to take an oath (or make an affirmation), and administer the oath (or affirmation) to the person. a person commits an offence if the person— is required to attend assembly proceedings for the purpose of giving evidence by a notice under section 38(1), and refuses to take an oath (or make an affirmation) when required to do so for the purposes of the assembly proceedings. a person guilty of an offence under subsection (2) is liable on summary conviction— to a fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding 51 weeks, or to both. the standing orders may provide for the payment of allowances and expenses to persons— attending assembly proceedings for the purpose of giving evidence, or producing for the purposes of the assembly (or a committee of the assembly or a sub-committee of such a committee) documents which they have been required or requested to produce, whether or not in pursuance of a notice under section 38(1). the provision made by virtue of subsection (4) may confer functions on the assembly commission. for the purposes of sections 37 to 39 and this section— a person is to be taken to comply with a requirement to produce a document if the person produces a copy of the document or an extract of the relevant part of the document, “document” means anything in which information is recorded in any form, and references to producing a document are to producing the information recorded in it in a visible and legible form. subheading 12. legal issues 41. proceedings by or against assembly etc proceedings by or against the assembly are to be instituted by or against the assembly commission on behalf of the assembly. proceedings by or against— the presiding officer or deputy presiding officer, or a member of the staff of the assembly, are (unless instituted against or by the assembly commission) to be instituted by or against the assembly commission on behalf of the presiding officer, deputy presiding officer or member of staff. in any proceedings against the assembly the court must not grant a mandatory, prohibiting or quashing order or an injunction, make an order for specific performance or stay the proceedings but may instead make a declaration. in any proceedings against— any assembly member, the presiding officer or deputy presiding officer, any member of the staff of the assembly, or the assembly commission, the court must not grant a mandatory, prohibiting or quashing order or an injunction, make an order for specific performance or stay the proceedings if the effect of doing so would be to give any relief against the assembly which could not have been given in proceedings against the assembly. references in this section to an order include an order which is not final. 42. defamation for the purposes of the law of defamation— any statement made in assembly proceedings, and the publication under the authority of the assembly of any statement, is absolutely privileged. the welsh ministers may by regulations make provision for and in connection with establishing in any legal proceedings that any statement or publication is absolutely privileged by virtue of subsection (1). no regulations are to be made under subsection (2) unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, the assembly. in this section “statement” has the same meaning as in the defamation act 1996 (c. 31). 43. contempt of court the strict liability rule does not apply in relation to any publication— made in, for the purposes of, or for purposes incidental to, assembly proceedings, or to the extent that it consists of a report of assembly proceedings which either is made by or under the authority of the assembly or is fair and accurate and made in good faith. in subsection (1)— “the strict liability rule”, and “publication”, have the same meaning as in the contempt of court act 1981 (c. 49). 44. corrupt practices the assembly and the assembly commission are public bodies for the purposes of the prevention of corruption acts 1889 to 1916. part 2. welsh assembly government subheading 1. government 45. welsh assembly government there is to be a welsh assembly government, or llywodraeth cynulliad cymru, whose members are— the first minister or prif weinidog (see sections 46 and 47), the welsh ministers, or gweinidogion cymru, appointed under section 48, the counsel general to the welsh assembly government or cwnsler cyffredinol i lywodraeth cynulliad cymru (see section 49) (referred to in this act as “the counsel general”), and the deputy welsh ministers or dirprwy weinidogion cymru (see section 50). in this act and in any other enactment or instrument the first minister and the welsh ministers appointed under section 48 are referred to collectively as the welsh ministers. subheading 2. ministers, staff etc 46. the first minister the first minister is to be appointed by her majesty after nomination in accordance with section 47. the first minister holds office at her majesty's pleasure. the first minister may at any time tender resignation to her majesty and ceases to hold office as first minister when it is accepted. a person ceases to hold office as the first minister if another person is appointed to that office. the functions of the first minister are exercisable by a person designated by the presiding officer if— the office of the first minister is vacant, the first minister is for any reason unable to act, or the first minister has ceased to be an assembly member. a person may not be designated to exercise the functions of the first minister unless the person is— an assembly member, or if the assembly has been dissolved, a person who ceased to be an assembly member by reason of the dissolution. a person may be designated to exercise the functions of the first minister only on the recommendation of the welsh ministers (unless there is no-one holding office as a welsh minister appointed under section 48). if a person is designated to exercise the functions of the first minister, the designation continues to have effect even if the assembly is dissolved. 47. choice of first minister if one of the following events occurs, the assembly must, before the end of the relevant period, nominate an assembly member for appointment as first minister. the events are— the holding of a poll at a general election, the assembly resolving that the welsh ministers no longer enjoy the confidence of the assembly, the first minister tendering resignation to her majesty, the first minister dying or becoming permanently unable to act and to tender resignation, and the first minister ceasing to be an assembly member otherwise than by reason of a dissolution. the relevant period is the period of 28 days beginning with the day on which the event occurs; but— if another of those events occurs within that period, the relevant period is (subject to paragraph (b)) extended to end with the period of 28 days beginning with the day on which that other event occurs, and the relevant period ends if the assembly passes a resolution under section 5(2)(a) or when her majesty appoints a person as the first minister. the presiding officer must recommend to her majesty the appointment of the person nominated by the assembly under subsection (1). 48. welsh ministers the first minister may, with the approval of her majesty, appoint welsh ministers from among the assembly members. a welsh minister appointed under this section holds office at her majesty's pleasure. a welsh minister appointed under this section may be removed from office by the first minister. a welsh minister appointed under this section may at any time resign. a welsh minister appointed under this section must resign if the assembly resolves that the welsh ministers no longer enjoy the confidence of the assembly. a welsh minister appointed under this section who resigns ceases to hold office immediately. a welsh minister appointed under this section ceases to hold office on ceasing to be an assembly member otherwise than by reason of a dissolution. 49. counsel general the counsel general is to be appointed by her majesty on the recommendation of the first minister. the counsel general may be removed from office by her majesty on the recommendation of the first minister. no recommendation for the appointment or removal of a person as the counsel general may be made by the first minister without the agreement of the assembly. the counsel general may at any time tender resignation to her majesty and ceases to hold office as counsel general when it is accepted. the counsel general ceases to hold office if an assembly member is nominated under section 47(1) for appointment as first minister. the functions of the counsel general are exercisable by a person designated by the first minister if— the office of the counsel general is vacant, or the counsel general is for any reason unable to act. but subsection (6) ceases to have effect at the end of the period of six months beginning with the day on which a person is designated under it and does not have effect again until after the office of the counsel general has been filled, or the counsel general has again become able to act. the designation of a person under subsection (6) ceases to have effect if an assembly member is nominated under section 47(1) for appointment as first minister. a person holding office as the first minister, a welsh minister appointed under section 48 or a deputy welsh minister may not be appointed as the counsel general or designated under subsection (6); and the counsel general or a person so designated may not be appointed to any of those offices. 50. deputy welsh ministers the first minister may, with the approval of her majesty, appoint deputy welsh ministers from among the assembly members to assist the first minister, a welsh minister appointed under section 48 or the counsel general in the exercise of functions. a deputy welsh minister holds office at her majesty's pleasure. a deputy welsh minister may be removed from office by the first minister. a deputy welsh minister may at any time resign. a deputy welsh minister must resign if the assembly resolves that the welsh ministers no longer enjoy the confidence of the assembly. a deputy welsh minister who resigns ceases to hold office immediately. a deputy welsh minister ceases to hold office on ceasing to be an assembly member otherwise than by reason of a dissolution. 51. limit on number of ministers no more than twelve persons are to hold a relevant welsh ministerial office at any time. a relevant welsh ministerial office means the office of welsh minister appointed under section 48 or the office of deputy welsh minister. 52. staff the welsh ministers may appoint persons to be members of the staff of the welsh assembly government. service as a member of the staff of the welsh assembly government is service in the civil service of the state. see part 1 of the constitutional reform and governance act 2010 (in particular, sections 3 and 4) for provision affecting— subsection (1), and any other enactment about the appointment of persons as members of the staff of the welsh assembly government. see also section 1 of the civil service (management functions) act 1992 under which functions conferred on the minister for the civil service by section 3 of the constitutional reform and governance act 2010 may be delegated to the welsh ministers etc. the welsh ministers are to pay the salaries and expenses of the members of the staff of the welsh assembly government. section 1(2) and (3) of the superannuation act 1972 (c. 11) (delegation of functions relating to civil service superannuation schemes by minister for the civil service to another minister etc. and consultation by that minister or another minister) have effect as if the references to a minister of the crown other than the minister for the civil service included the welsh ministers. the welsh ministers must make payments to the minister for the civil service, at such times as the minister for the civil service may determine, of such amounts as may be so determined in respect of— the provision of pensions, allowances or gratuities by virtue of section 1 of the superannuation act 1972 to or in respect of persons who are or have been members of the staff of the welsh assembly government, and the expenses incurred in administering those pensions, allowances and gratuities. the welsh ministers may make payments towards the provision of pensions, allowances or gratuities to or in respect of any person who is or has been a member of the staff of the welsh assembly government. without prejudice to any rule of law with respect to the carrying out of functions by members of the civil service of the state under authority, the welsh ministers, the first minister or the counsel general may authorise the staff of the welsh assembly government to carry out any function on their behalf. [omitted] subheading 3. remuneration, oaths etc 53. remuneration provision must be made for the payment of salaries to persons to whom this section applies. provision may be made for the payment of allowances to persons to whom this section applies. provision may be made for the payment of pensions, gratuities or allowances to, or in respect of, any person who has ceased to be a person to whom this section applies. such provision may, in particular, include provision for— contributions or payments towards provision for such pensions, gratuities or allowances, and the establishment and administration (whether by the assembly commission or otherwise) of one or more pension schemes. this section applies to— the first minister, every welsh minister appointed under section 48, the counsel general, and every deputy welsh minister. sums required for the making of payments by virtue of provision under this section are payable out of the welsh consolidated fund. provision under this section is to be made by determination made by the board. the assembly commission must give effect to any determination made by the board under this section. 54. remuneration: supplementary different provision may be made under section 53 for different cases. the assembly commission must ensure that information concerning— the amounts paid to each person to whom section 53 applies as salary and allowances, and the total amount paid to such persons as salaries and allowances, is published for each financial year f24... the assembly commission must lay before the assembly every determination made by the board under section 53(7) as soon as is reasonably practicable after it is made. provision made under section 53(3) does not affect pensions or allowances in payment before the provision was made. 55. oath or affirmation on appointment as the first minister, a welsh minister appointed under section 48 or the counsel general a person must take the official oath in the form set out in section 3 of the promissory oaths act 1868 (c. 72) (or make the corresponding affirmation). on appointment as the first minister, a welsh minister appointed under section 48, the counsel general or a deputy welsh minister a person must take the oath of allegiance in the form set out in section 2 of the promissory oaths act 1868 (or make the corresponding affirmation). but subsection (2) does not require a person who is an assembly member to take the oath of allegiance (or make the corresponding affirmation) again if it has been taken (or made) in compliance with the person's duty on the person's return (or, if returned more than once, most recent return) as an assembly member. an oath required by this section is to be taken (or the corresponding affirmation made)— before one of the presiding judges for the wales and chester circuit (or for any appropriate area which is specified in a direction under section 72(4) of the courts and legal services act 1990 (c. 41)), or (if no such presiding judge is available) before another judge nominated by the senior presiding judge for england and wales. until a person who is required to take an oath (or make an affirmation) by this section in respect of any office has done so, no salary, allowance, gratuity or payment towards the provision of a pension, allowance or gratuity is to be paid under this act to or in respect of the person as a holder of that office. but subsection (5) does not affect any entitlement to payments in respect of the period before the person took the oath (or made the affirmation) once the person has done so. subheading 4. functions 56. introduction the persons to whom this section applies have the functions conferred or imposed on them by or by virtue of this act or any other enactment or prerogative instrument. this section applies to the welsh ministers, the first minister and the counsel general. 57. exercise of functions functions may be conferred or imposed on the welsh ministers by that name. functions of the welsh ministers, the first minister and the counsel general are exercisable on behalf of her majesty. functions of the welsh ministers are exercisable by the first minister or any of the welsh ministers appointed under section 48. any act or omission of, or in relation to, the first minister or any of the welsh ministers appointed under section 48 is to be treated as an act or omission of, or in relation to, each of them. but subsection (4) does not apply in relation to the exercise of functions conferred or imposed on the first minister alone. where a function conferred or imposed on the counsel general is (either generally or in particular circumstances) exercisable concurrently by the welsh ministers or the first minister, subsection (4) applies in relation to the exercise of the function (or to its exercise in those circumstances) as if the counsel general were included among the welsh ministers. 58. transfer of ministerial functions her majesty may by order in council— provide for the transfer to the welsh ministers, the first minister or the counsel general of any function so far as exercisable by a minister of the crown in relation to wales or the welsh zone, direct that any function so far as so exercisable is to be exercisable by the welsh ministers, the first minister or the counsel general concurrently with the minister of the crown, or direct that any function so far as exercisable by a minister of the crown in relation to wales or the welsh zone is to be exercisable by the minister of the crown only with the agreement of, or after consultation with, the welsh ministers, the first minister or the counsel general. an order in council under this section may not make provision about a function of a minister of the crown exercisable in relation to the area of the welsh zone beyond the seaward limit of the territorial sea unless the function is connected with fishing, fisheries or fish health. subsection (1a) does not have effect in relation to an order in council to the extent that it contains provision made by virtue of paragraph 4 of schedule 3 (functions exercisable beyond the territorial sea). an order in council under this section may, in particular, provide for any function exercisable by the welsh ministers, the first minister or the counsel general by virtue of an order in council under subsection (1)(a) or (b) to be exercisable either generally or in such circumstances as may be specified in the order in council, concurrently with any other of the welsh ministers, the first minister or the counsel general. an order in council under this section may make such modifications of— any enactment (including any enactment comprised in or made under this act) or prerogative instrument, or any other instrument or document, as her majesty considers appropriate in connection with the provision made by the order in council. no recommendation is to be made to her majesty in council to make an order in council under this section unless a draft of the statutory instrument containing the order in council— has been laid before, and approved by a resolution of, each house of parliament, and has been approved by the welsh ministers. for further provision in connection with the transfer etc. of functions by orders in council under this section see schedule 3. 59. implementation of eu law the power to designate a minister of the crown or government department under section 2(2) of the european communities act 1972 (c. 68) may be exercised to designate the welsh ministers. accordingly, the welsh ministers may exercise the power conferred by section 2(2) of the european communities act 1972 in relation to any matter, or for any purpose, if they have been designated in relation to that matter or for that purpose, but subject to such restrictions or conditions (if any) as may be specified by the order in council designating them. a statutory instrument containing provision made by the welsh ministers in the exercise of that power, if made without a draft having been approved by resolution of the assembly, is subject to annulment in pursuance of a resolution of the assembly. paragraph 2(2) of schedule 2 to the european communities act 1972 (parliamentary procedure) does not apply to the statutory instrument unless it contains provision— made by a minister of the crown or government department (whether or not jointly with the welsh ministers), relating to an english border area, or relating to a cross-border body (and not relating only to the exercise of functions, or the carrying on of activities, by the body in or with respect to wales, the welsh zone or a part of wales or the welsh zone. the power conferred by section 56 of the finance act 1973 (c. 51) (services provided in pursuance of a eu obligation etc.) on the minister in charge of a government department to make (with the consent of the treasury) regulations prescribing, or providing for the determination of, fees and charges in respect of things done by the department may be exercised by the welsh ministers (with the consent of the treasury) for prescribing, or providing for the determination of, fees and charges in respect of corresponding things done by the welsh ministers. a statutory instrument containing regulations made by the welsh ministers in the exercise of that power is subject to annulment in pursuance of a resolution of the assembly. section 56(4) of the finance act 1973 does not cause the statutory instrument to be subject to annulment in pursuance of a resolution of either house of parliament unless it contains regulations— made by a minister of the crown or government department (whether or not jointly with the welsh ministers), relating to an english border area, or relating to a cross-border body (and not relating only to the exercise of functions, or the carrying on of activities, by the body in or with respect to wales, the welsh zone or a part of wales or the welsh zone). 60. promotion etc. of well-being the welsh ministers may do anything which they consider appropriate to achieve any one or more of the following objects— the promotion or improvement of the economic well-being of wales, the promotion or improvement of the social well-being of wales, and the promotion or improvement of the environmental well-being of wales. the power under subsection (1) may be exercised in relation to or for the benefit of— the whole or any part of wales, or all or any persons resident or present in wales. the power under subsection (1) includes power to do anything in relation to or for the benefit of any area outside wales, or all or any persons resident or present anywhere outside wales, if the welsh ministers consider that it is likely to achieve one or more of the objects in that subsection. the power under subsection (1) includes power— to enter into arrangements or agreements with any person, to co-operate with, or facilitate or co-ordinate the activities of, any person, to exercise on behalf of any person any functions of that person, and to provide staff, goods, services or accommodation to any person. 61. support of culture etc the welsh ministers may do anything which they consider appropriate to support— archaeological remains in wales, ancient monuments in wales, buildings and places of historical or architectural interest in wales, historic wrecks in wales, arts and crafts relating to wales, museums and galleries in wales, libraries in wales, archives and historical records relating to wales, cultural activities and projects relating to wales, sport and recreational activities relating to wales, and the welsh language. 62. representations about matters affecting wales the welsh ministers, the first minister and the counsel general may make appropriate representations about any matter affecting wales. 63. consultation about cross-border bodies a minister of the crown must consult the welsh ministers— before exercising any function which relates to the appointment or removal of a relevant cross-border body, before exercising any function which relates to the appointment or removal of any member or office-holder of a relevant cross-border body, other than one who is not concerned in the functions or activities which the body exercises or carries on in or with respect to wales, and before exercising, in relation to a relevant cross-border body, any function the exercise of which might affect wales in relation to any matter as respects which functions are exercisable by the welsh ministers. a body is a relevant cross-border body if it is a cross-border body which exercises functions of a public nature and which is not a government department. subsection (1) does not apply in relation to the exercise of a function if it is not reasonably practicable to comply with it in relation to the exercise of the function (for reasons of urgency or for any other reasons). if subsection (1) does not apply in relation to the exercise of a function by a minister of the crown by reason of subsection (3), the minister of the crown must as soon as is reasonably practicable inform the welsh ministers of the exercise of the function and of the reasons for its exercise. a failure to comply with subsection (1) in relation to the exercise of a function does not affect the validity of its exercise. 64. polls for ascertaining views of the public the welsh ministers may hold a poll in an area consisting of wales or any part (or parts) of wales for the purpose of ascertaining the views of those polled about whether or how any of the functions of the welsh ministers (other than that under section 62) should be exercised. the persons entitled to vote in a poll under this section are those who— would be entitled to vote as electors at a local government election in an electoral area wholly or partly included in the area in which the poll is held, and are registered in the register of local government electors at an address within the area in which the poll is held. the welsh ministers may by order make provision— as to the conduct of polls (or any poll) under this section, or for the combination of polls (or any poll) under this section with polls at any elections. an order under subsection (3) may apply or incorporate, with or without modifications or exceptions, any provision of or made under any enactment relating to elections or referendums; and the provision which may be made under paragraph (a) of that subsection includes, in particular, provision for disregarding alterations in a register of electors. a statutory instrument containing an order under subsection (3) is subject to annulment in pursuance of a resolution of the assembly. 65. private bills the welsh ministers may promote private bills in parliament and may oppose any private bill in parliament. subsection (1) does not cause the welsh ministers to have power to apply for orders under section 1 or 3 of the transport and works act 1992 (c. 42) by virtue of section 20 of that act (which gives a body with power to promote and oppose private bills power to apply for and object to such orders). 66. provision of information to treasury where it appears to the treasury that any information in the possession, or under the control, of the welsh ministers is required for the exercise of any function by the treasury, the treasury may require the welsh ministers to provide the information to the treasury in such form as the treasury may reasonably specify. 67. legal proceedings where the counsel general considers it appropriate for the promotion or protection of the public interest, the counsel general may institute in the counsel general's name, defend or appear in any legal proceedings to which this section applies. this section applies to legal proceedings relating to matters with respect to which any functions of the welsh ministers, the first minister or the counsel general are exercisable. 68. contracts the secretary of state may by order provide that the local government (contracts) act 1997 (c. 65) applies in relation to contracts entered into by the welsh ministers, the first minister or the counsel general but subject to any appropriate modifications. a statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either house of parliament. 69. charges for documents the welsh ministers may make a charge for supplying copies of (or of any part of) any document which they publish or make available for public inspection. subsection (1) has effect subject to any provision contained in, or made under, any enactment which makes provision for— the making of charges for the inspection of documents, the making of charges for supplying copies of documents (or parts of documents), or the supply of copies of documents (or parts of documents) free of charge. this section applies to the first minister and the counsel general as to the welsh ministers. 70. financial assistance the welsh ministers may give financial assistance (whether by way of grant, loan or guarantee) to any person engaged in any activity which the welsh ministers consider will secure, or help to secure, the attainment of any objective which they aim to attain in the exercise of any of their functions. the welsh ministers may attach conditions to the giving of financial assistance by them; and the conditions which may be attached include, in particular, conditions requiring the repayment of the whole or any part of a grant, or the making of any other payments, in any circumstances. this section applies in relation to the first minister and the counsel general as in relation to the welsh ministers. 71. supplementary the persons to whom this section applies may do anything (including the acquisition or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the exercise of any of their other functions. this section applies to the welsh ministers, the first minister and the counsel general. subheading 5. inclusive” approach to exercise of functions 72. partnership council the welsh ministers must establish and maintain a body to be known as the partnership council for wales or cyngor partneriaeth cymru (“the partnership council”). the partnership council is to consist of members appointed by the welsh ministers from among— the welsh ministers, the deputy welsh ministers, and the members of local authorities in wales. before appointing members of the partnership council under subsection (2)(c), the welsh ministers must consult such associations of local authorities in wales as they consider appropriate. the partnership council may— give advice to the welsh ministers about matters affecting the exercise of any of their functions, make representations to the welsh ministers about any matters affecting, or of concern to, those involved in local government in wales, and give advice to those involved in local government in wales. for the purposes of this section the following are local authorities in wales— county councils, county borough councils and community councils in wales, national park authorities for national parks in wales, police and crime commissioners for police areas in wales, fire and rescue authorities for areas in wales, and authorities of any description specified for the purposes of this paragraph by order made by the welsh ministers. no order may be made under subsection (5)(e) unless the welsh ministers have consulted the partnership council. a statutory instrument containing an order under subsection (5)(e) is subject to annulment in pursuance of a resolution of the assembly. 73. local government scheme the welsh ministers must make a scheme (“the local government scheme”) setting out how they propose, in the exercise of their functions, to sustain and promote local government in wales. the welsh ministers— must keep the local government scheme under review, and may from time to time remake or revise it. in determining the provision to be included in the local government scheme, the welsh ministers must have regard to any advice which has been given, and to any representations which have been made, to them by the partnership council. the welsh ministers must publish the local government scheme when they make it and whenever they remake it; and, if they revise the scheme without remaking it, they must publish either the revisions or the scheme as revised (as they consider appropriate). if the welsh ministers publish a scheme or revisions under subsection (4) they must lay a copy of the scheme or revisions before the assembly. after each financial year the welsh ministers must— publish a report of how the proposals set out in the local government scheme were implemented in that financial year, and lay a copy of the report before the assembly. 74. voluntary sector scheme the welsh ministers must make a scheme (“the voluntary sector scheme”) setting out how they propose, in the exercise of their functions, to promote the interests of relevant voluntary organisations. in this section “relevant voluntary organisations” means bodies (other than local authorities or other public bodies) whose activities— are carried on otherwise than for profit, and directly or indirectly benefit the whole or any part of wales (whether or not they also benefit any other area). in determining the provision to be included in the voluntary sector scheme, the welsh ministers must consider how they intend to exercise such of their functions as relate to matters affecting, or of concern to, relevant voluntary organisations. the voluntary sector scheme must specify— how the welsh ministers propose to provide assistance to relevant voluntary organisations (whether by grants, loans, guarantees or any other means), how the welsh ministers propose to monitor the use made of any assistance provided by them to relevant voluntary organisations, and how the welsh ministers propose to consult relevant voluntary organisations about the exercise of such of their functions as relate to matters affecting, or of concern to, such organisations. the welsh ministers— must keep the voluntary sector scheme under review, and may from time to time remake or revise it. before making, remaking or revising the voluntary sector scheme, the welsh ministers must consult such relevant voluntary organisations as they consider appropriate. the welsh ministers must publish the voluntary sector scheme when they make it and whenever they remake it; and, if they revise the scheme without remaking it, they must publish either the revisions or the scheme as revised (as they consider appropriate). if the welsh ministers publish a scheme or revisions under subsection (7) they must lay a copy of the scheme or revisions before the assembly. after each financial year the welsh ministers must— publish a report of how the proposals set out in the voluntary sector scheme were implemented in that financial year, and lay a copy of the report before the assembly. 75. business scheme the welsh ministers must make a scheme (“the business scheme”) setting out how they propose, in the exercise of their functions, to take account of the interests of business. the business scheme must specify how the welsh ministers propose— to carry out consultation about the exercise of such of their functions as relate to matters affecting the interests of business, and to consider the impact of the exercise of their functions on the interests of business. the welsh ministers— must keep the business scheme under review, and may from time to time remake or revise it. before making, remaking or revising the business scheme, the welsh ministers must consult such organisations representative of business (including trade unions) and such other organisations as they consider appropriate. the welsh ministers must publish the business scheme when they make it and whenever they remake it; and, if they revise the scheme without remaking it, they must publish either the revisions or the scheme as revised (as they consider appropriate). if the welsh ministers publish a scheme or revisions under subsection (5) they must lay a copy of the scheme or revisions before the assembly. the welsh ministers must— within the period of two years beginning with the day on which the business scheme is first made, and subsequently at intervals of no more than two years, publish a report of how the proposals set out in the business scheme have been implemented. the welsh ministers must lay before the assembly a copy of each report published under subsection (7). 76. regulatory impact assessments the welsh ministers must make a code of practice setting out their policy on— the carrying out of regulatory impact assessments in connection with relevant welsh subordinate legislation, and the carrying out of consultation in connection with regulatory impact assessments, (“the regulatory impact assessment code”). for the purposes of this section— a regulatory impact assessment is an assessment as to the likely costs and benefits of complying with relevant welsh subordinate legislation, and subordinate legislation is relevant welsh subordinate legislation if it is made by the welsh ministers, the first minister or the counsel general and the statutory instrument (or a draft of the statutory instrument) containing it is required to be laid before the assembly. the welsh ministers— must keep the regulatory impact assessment code under review, and may from time to time remake or revise it. before making, remaking or revising the regulatory impact assessment code, the welsh ministers must consult such persons as they consider appropriate. the welsh ministers must publish the regulatory impact assessment code when they make it and whenever they remake it; and, if they revise the code without remaking it, they must publish either the revisions or the code as revised (as they consider appropriate). if the welsh ministers publish a code or revisions under subsection (5) they must lay a copy of the code or revisions before the assembly. 77. equality of opportunity the welsh ministers must make appropriate arrangements with a view to securing that their functions are exercised with due regard to the principle that there should be equality of opportunity for all people. after each financial year the welsh ministers must publish a report containing— a statement of the arrangements made in pursuance of subsection (1) which had effect during that financial year, and an assessment of how effective those arrangements were in promoting equality of opportunity, and must lay a copy of the report before the assembly. 78. the welsh language the welsh ministers must adopt a strategy (“the welsh language strategy”) setting out how they propose to promote and facilitate the use of the welsh language. the welsh ministers must adopt a scheme (“the welsh language scheme”) specifying measures which they propose to take, for the purpose mentioned in subsection (3), as to the use of the welsh language in connection with the provision of services to the public in wales by them, or by others who— are acting as servants or agents of the crown, or are public bodies (within the meaning of part 2 of the welsh language act 1993 (c. 38)). the purpose referred to in subsection (2) is that of giving effect, so far as is both appropriate in the circumstances and reasonably practicable, to the principle that in the conduct of public business in wales the english and welsh languages should be treated on a basis of equality. the welsh ministers— must keep under review both the welsh language strategy and the welsh language scheme, and may from time to time adopt a new strategy or scheme or revise them. before adopting or revising a strategy or scheme, the welsh ministers must consult such persons as they consider appropriate. the welsh ministers must publish the welsh language strategy and the welsh language scheme when they first adopt it and— if they adopt a new strategy or scheme they must publish it, and if they revise the welsh language strategy or the welsh language scheme (rather than adopting a new strategy or scheme) they must publish either the revisions or the strategy or scheme as revised (as they consider appropriate). if the welsh ministers publish a strategy or scheme, or revisions, under subsection (6) they must lay a copy of the strategy or scheme, or revisions, before the assembly. after each financial year the welsh ministers must publish a report of— how the proposals set out in the welsh language strategy were implemented in that financial year and how effective their implementation has been in promoting and facilitating the use of the welsh language, and how the proposals set out in the welsh language scheme were implemented in that financial year, and must lay a copy of the report before the assembly. for each financial year, the welsh ministers must publish a plan setting out how they will implement the proposals set out in the welsh language strategy during that year. the plan must be published as soon as reasonably practicable before the commencement of the financial year to which it relates. 79. sustainable development the welsh ministers must make a scheme (“the sustainable development scheme”) setting out how they propose, in the exercise of their functions, to promote sustainable development. the welsh ministers— must keep the sustainable development scheme under review, and may from time to time remake or revise it. before making, remaking or revising the sustainable development scheme, the welsh ministers must consult such persons as they consider appropriate. the welsh ministers must publish the sustainable development scheme when they make it and whenever they remake it; and, if they revise the scheme without remaking it, they must publish either the revisions or the scheme as revised (as they consider appropriate). if the welsh ministers publish a scheme or revisions under subsection (4) they must lay a copy of the scheme or revisions before the assembly. after each financial year the welsh ministers must— publish a report of how the proposals set out in the sustainable development scheme were implemented in that financial year, and lay a copy of the report before the assembly. in the year following that in which an ordinary general election is (or, apart from section 5(5), would be) held, the welsh ministers must— publish a report containing an assessment of how effective their proposals (as set out in the scheme and implemented) have been in promoting sustainable development, and lay a copy of the report before the assembly. subheading 6. eu law, human rights and international obligations etc 80. eu law an eu obligation of the united kingdom is also an obligation of the welsh ministers if and to the extent that the obligation could be implemented (or enabled to be implemented) or complied with by the exercise by the welsh ministers of any of their functions. subsection (1) does not apply in the case of an eu obligation of the united kingdom if— it is an obligation to achieve a result defined by reference to a quantity (whether expressed as an amount, proportion or ratio or otherwise), and the quantity relates to the united kingdom (or to an area including the united kingdom or to an area consisting of a part of the united kingdom which includes the whole or part of wales or of the welsh zone). but if such an eu obligation could (to any extent) be implemented (or enabled to be implemented) or complied with by the exercise by the welsh ministers of any of their functions, a minister of the crown may by order provide for the achievement by the welsh ministers (in the exercise of their functions) of so much of the result to be achieved under the eu obligation as is specified in the order. the order may specify the time by which any part of the result to be achieved by the welsh ministers is to be achieved. no order is to be made by a minister of the crown under subsection (3) unless the minister of the crown has consulted the welsh ministers. a statutory instrument containing an order under subsection (3) is subject to annulment in pursuance of a resolution of either house of parliament. where an order under subsection (3) is in force in relation to an eu obligation, to the extent that the eu obligation involves achieving what is specified in the order it is also an obligation of the welsh ministers (enforceable as if it were an obligation of the welsh ministers under subsection (1)). the welsh ministers have no power— to make, confirm or approve any subordinate legislation, or to do any other act, so far as the subordinate legislation or act is incompatible with eu law or an obligation under subsection (7). subsections (1) and (8) apply to the first minister and the counsel general as to the welsh ministers. 81. human rights the welsh ministers have no power— to make, confirm or approve any subordinate legislation, or to do any other act, so far as the subordinate legislation or act is incompatible with any of the convention rights. subsection (1) does not enable a person— to bring any proceedings in a court or tribunal, or to rely on any of the convention rights in any such proceedings, in respect of an act unless that person would be a victim for the purposes of article 34 of the convention if proceedings were brought in the european court of human rights in respect of that act. subsection (2) does not apply to the attorney general, the counsel general, the advocate general for scotland, the advocate general for northern ireland or the attorney general for northern ireland. subsection (1)— does not apply to an act which, by virtue of subsection (2) of section 6 of the human rights act 1998 (c. 42), is not unlawful under subsection (1) of that section, and does not enable a court or tribunal to award in respect of any act any damages which it could not award on finding the act unlawful under that subsection. subsection (1) applies to the first minister and the counsel general as to the welsh ministers. in subsection (2) “the convention” has the same meaning as in the human rights act 1998. 82. international obligations etc if the secretary of state considers that any action proposed to be taken by the welsh ministers would be incompatible with any international obligation, the secretary of state may by order direct that the proposed action is not to be taken. if the secretary of state considers that an action capable of being taken by the welsh ministers is required for the purposes of giving effect to any international obligation, the secretary of state may by order direct the welsh ministers to take the action. if the secretary of state considers that any subordinate legislation made, or which could be revoked, by the welsh ministers is incompatible with any international obligation or the interests of defence or national security, the secretary of state may by order revoke the legislation. an order under subsection (3) may include provision for the order to have effect from a date earlier than that on which it is made; but— such a provision does not affect any rights or liabilities acquired or incurred before the date on which the order is made, and no person is to be guilty of an offence merely because of such a provision. the secretary of state may make an order containing provision such as is specified in subsection (6) where— an international obligation is an obligation to achieve a result defined by reference to a quantity (whether expressed as an amount, proportion or ratio or otherwise), and the quantity relates to the united kingdom (or to an area including the united kingdom or to an area consisting of a part of the united kingdom which includes the whole or part of wales or of the welsh zone). the provision referred to in subsection (5) is provision for the achievement by the welsh ministers (in the exercise of their functions) of so much of the result to be achieved under the international obligation as is specified in the order. the order may specify the time by which any part of the result to be achieved by the welsh ministers is to be achieved. where an order under subsection (5) is in force in relation to an international obligation, references to the international obligation in subsections (1) to (3) are to an obligation to achieve so much of the result to be achieved under the international obligation as is specified in the order by the time or times so specified. no order is to be made by the secretary of state under subsection (2), (3) or (5) unless the secretary of state has consulted the welsh ministers. an order under this section must state the reasons for making it. a statutory instrument containing— subject to subsection (12), an order under subsection (1), or an order under subsection (5), is (unless a draft of the statutory instrument has been approved by a resolution of each house of parliament) subject to annulment in pursuance of a resolution of either house of parliament. a statutory instrument containing only an order under subsection (1) revoking a previous order under that subsection— is not subject to annulment in pursuance of a resolution of either house of parliament, but is to be laid before parliament. no order is to be made under subsection (2) or (3) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each house of parliament. subsections (1), (2) and (3) apply to the first minister and the counsel general as to the welsh ministers; and where subsection (9) operates in relation to an order under subsection (2) or (3) relating to the first minister or the counsel general the reference in subsection (9) to the welsh ministers is to the first minister or the counsel general. in this section “action” includes making, confirming or approving subordinate legislation and in subsection (2) also includes introducing into the assembly a proposed assembly measure or a bill. subheading 7. functions: supplementary 83. agency arrangements and provision of services arrangements may be made between the welsh ministers and any relevant authority for— any functions of one of them to be exercised by the other, any functions of the welsh ministers to be exercised by members of staff of the relevant authority, any functions of the relevant authority to be exercised by members of the staff of the welsh assembly government, or the provision of administrative, professional or technical services by one of them for the other. any arrangements under paragraph (a), (b) or (c) of subsection (1) for the exercise of functions of the welsh ministers do not affect the responsibility of the welsh ministers; and such arrangements for the exercise of any functions of a relevant authority do not affect the responsibility of the relevant authority. the references in subsections (1) and (2) to functions do not include functions of making, confirming or approving subordinate legislation contained in a statutory instrument. in this section “relevant authority” means any minister of the crown or government department, any public authority (including any local authority) in england and wales or the holder of any public office in england and wales. this section applies to the first minister and the counsel general as to the welsh ministers. 84. different exercise of functions by welsh ministers etc this section applies where— an enactment confers or imposes a function exercisable in relation to england and wales, and the function is to any extent conferred or imposed on the welsh ministers by the enactment or transferred to, or made exercisable by, the welsh ministers by or by virtue of this act. the enactment is to be taken to permit— the exercise of the function by the welsh ministers whether or not it is exercised otherwise than by the welsh ministers, and the exercise of the function differently by the welsh ministers (on the one hand) and otherwise than by the welsh ministers (on the other). the reference in subsection (1)(a) to a function exercisable in relation to england and wales includes a function exercisable in relation both to england and wales and to another country or territory or other countries or territories. subsection (2) is subject to— the enactment by which the function is conferred or imposed on the welsh ministers, or any provision by or by virtue of which the function is transferred to, or made exercisable by, the welsh ministers. subsection (2) does not limit any power to exercise a function in relation to wales whether or not it is exercised in relation to england, or to exercise a function differently in relation to wales and england, where this section does not apply. in this section “enactment” includes a future enactment. this section applies in relation to the first minister and the counsel general as to the welsh ministers. 85. construction of references to ministers and departments so far as may be necessary for the purpose or in consequence of the exercise of any functions of the welsh ministers, the first minister or the counsel general, any reference in any enactment or other document to— a minister of the crown, or a government department, (whether by name or in general terms) is to be construed as being or including a reference to the welsh ministers, the first minister or the counsel general (according to by whom the function in question is exercisable). references in any enactment to property vested in or held for the purposes of a government department is to be construed as including references to property vested in or held for the purposes of the welsh ministers, the first minister or the counsel general (and in relation to property so vested or held the welsh ministers, the first minister or the counsel general are each deemed to be a government department for the purposes of any enactment). in this section “enactment” includes a future enactment. 86. laying of reports and statements this section applies where— any enactment makes provision (“provision for parliamentary laying”) for any report or statement to be laid before parliament or either house of parliament, the report or statement is not one which, by or by virtue of this act, is to be made by or given to the welsh ministers, the first minister, the counsel general or the assembly commission, and the report or statement relates to matters with respect to which functions are exercisable by the welsh ministers, the first minister, the counsel general or the assembly commission. if no functions relating to the matters are exercisable by a minister of the crown, the provision for parliamentary laying is to be construed as provision for the report or statement to be laid before the assembly instead of before parliament or either house of parliament. if any are, the provision for parliamentary laying is to be construed as provision for the report or statement to be laid before the assembly as well as before parliament or either house of parliament. in this section— references to a report or statement include any other document (except one containing subordinate legislation), and “enactment” includes a future enactment. subheading 8. property, rights and liabilities 87. property, rights and liabilities of welsh ministers etc property, rights and liabilities may belong to— the welsh ministers by that name, the first minister by that name, or the counsel general by that name. property and rights acquired by or transferred to the welsh ministers belong to, and liabilities incurred by the welsh ministers are liabilities of, the welsh ministers for the time being. property and rights acquired by or transferred to any of the welsh ministers appointed under section 48 belong to, and liabilities incurred by any of those welsh ministers are liabilities of, the welsh ministers for the time being. property and rights acquired by or transferred to the first minister belong to, and liabilities incurred by the first minister are liabilities of, the first minister for the time being. property and rights acquired by or transferred to the counsel general belong to, and liabilities incurred by the counsel general are liabilities of, the counsel general for the time being. in relation to property and rights acquired by or transferred to (or belonging to), or to liabilities incurred by— the welsh ministers or any of the welsh ministers appointed under section 48, the first minister, or the counsel general, references to the welsh ministers, the first minister or the counsel general in any register or other document are to be read in accordance with this section. 88. transfer of ministerial property, rights and liabilities for provision about the transfer of property, rights and liabilities of ministers of the crown to the welsh ministers etc. see schedule 4. subheading 9. supplementary 89. rights and liabilities of the crown in different capacities rights and liabilities may arise between the crown in right of her majesty's government in the united kingdom and the crown in right of the welsh assembly government by virtue of a contract, by operation of law or by virtue of an enactment as they may arise between subjects. property, rights and liabilities may be transferred between the crown in one of those capacities and the crown in the other capacity as they may be transferred between subjects; and they may together create, vary or extinguish any property, rights or liabilities as subjects may. proceedings in respect of— any property, rights or liabilities to which the crown in one of those capacities is entitled or subject under subsection (1) or (2), or the exercise of, or failure to exercise, any function exercisable by an office-holder of the crown in one of those capacities, may be instituted by the crown in either capacity; and the crown in the other capacity may be a separate party in the proceedings. this section applies to the crown in right of a devolved administration (other than the welsh assembly government) as it applies to the crown in right of her majesty's government in the united kingdom. in this section “office-holder” means— in relation to the crown in right of her majesty's government in the united kingdom, any minister of the crown or other office-holder under the crown in that capacity, in relation to the crown in right of the welsh assembly government, the first minister, a welsh minister appointed under section 48 or the counsel general, and in relation to the crown in right of a devolved administration other than the welsh assembly government, an office-holder in that administration; and “subject” means a person not acting on behalf of the crown. 90. documents a document is validly executed by the welsh ministers if it is executed by the first minister or any welsh minister appointed under section 48. the application of the seal of the welsh ministers is to be authenticated by the first minister, any welsh minister appointed under section 48 or any person authorised by the welsh ministers (whether generally or specifically) for that purpose. a document purporting to be— duly executed under the seal of the welsh ministers, or signed on behalf of the welsh ministers, is to be received in evidence and, unless the contrary is proved, is to be taken to be so executed or signed. a certificate signed by the first minister or a welsh minister appointed under section 48 that any document purporting to be executed by the welsh ministers or signed by them or on their behalf was so executed or signed is conclusive evidence of that fact. a document purporting to be signed by or on behalf of— the first minister, or the counsel general, is to be received in evidence and, unless the contrary is proved, is to be taken to be so signed. a certificate signed by the first minister or the counsel general that any document purporting to be signed by or on behalf of the first minister or the counsel general was so signed is conclusive evidence of that fact. the documentary evidence act 1868 (c. 37) (proof of documents) has effect as if— in the first column of schedule 1 there were included a reference to the welsh ministers, the first minister, a welsh minister appointed under section 48 and the counsel general, in the second column of that schedule there were included in connection with that reference a reference to a member of the staff of the welsh assembly government, and in section 2 of that act the reference to regulations issued by or under the authority of an officer mentioned in the first column of the schedule included a reference to any document issued by or under the authority of a person or persons within paragraph (a). 91. validity of acts the validity of any act of a person as first minister is not affected by any defect in the person's nomination by the assembly. the validity of any act of a person as the counsel general is not affected by any defect in the assembly's agreement to the person's appointment. 92. official secrets the following are crown servants for the purposes of the official secrets act 1989 (c. 6)— the first minister and any person designated to exercise the functions of the first minister, each welsh minister appointed under section 48, the counsel general and any person designated to exercise the functions of the counsel general, and each deputy welsh minister. part 3. assembly measures subheading 1. power 93. assembly measures the assembly may make laws, to be known as measures of the national assembly for wales or mesurau cynulliad cenedlaethol cymru (referred to in this act as “assembly measures”). a proposed assembly measure is enacted by being passed by the assembly and approved by her majesty in council. the validity of an assembly measure is not affected by any invalidity in the assembly proceedings leading to its enactment. every assembly measure is to be judicially noticed. this part does not affect the power of the parliament of the united kingdom to make laws for wales. 94. legislative competence subject to the provisions of this part, an assembly measure may make any provision that could be made by an act of parliament. an assembly measure is not law so far as any provision of the assembly measure is outside the assembly's legislative competence. a provision of an assembly measure is within the assembly's legislative competence only if it falls within subsection (4) or (5). a provision of an assembly measure falls within this subsection if— it relates to one or more of the matters specified in part 1 of schedule 5 and does not fall within any of the exceptions specified in paragraph a1 of part 2 of that schedule (whether or not the exception is under a heading corresponding to the field which includes the matter), and it neither applies otherwise than in relation to wales nor confers, imposes, modifies or removes (or gives power to confer, impose, modify or remove) functions exercisable otherwise than in relation to wales. a provision of an assembly measure falls within this subsection if— it provides for the enforcement of a provision (of that or any other assembly measure) which falls within subsection (4) or it is otherwise appropriate for making such a provision effective, or it is otherwise incidental to, or consequential on, such a provision. but a provision which falls within subsection (4) or (5) is outside the assembly's legislative competence if— it breaches any of the restrictions in paragraphs 1 to 6 of part 2 of schedule 5, having regard to any exception in part 3 of that schedule from those restrictions, it extends otherwise than only to england and wales, or it is incompatible with the convention rights or with eu law. for the purposes of this section the question whether a provision of an assembly measure relates to one or more of the matters specified in part 1 of schedule 5 (or falls within any of the exceptions specified in paragraph a1 of part 2 of that schedule) is to be determined by reference to the purpose of the provision, having regard (among other things) to its effect in all the circumstances. 95. legislative competence: supplementary her majesty may by order in council— amend part 1 of schedule 5 to add a matter which relates to one or more of the fields listed in that part, or to vary or remove any matter, amend that part to add a new field or to vary or remove any field, or amend part 2 or 3 of that schedule. an order in council under this section does not have effect to amend part 1 of schedule 5 by adding a field if, at the time when the amendment comes into force, no functions in the field are exercisable by the welsh ministers, the first minister or the counsel general. an order in council under this section may make such modifications of— any enactment (including any enactment comprised in or made under this act) or prerogative instrument, or any other instrument or document, as her majesty considers appropriate in connection with the provision made by the order in council. an order in council under this section may make provision having retrospective effect. no recommendation is to be made to her majesty in council to make an order in council under this section unless a draft of the statutory instrument containing the order in council— has been laid before, and approved by a resolution of, the assembly, and having been so approved, has been laid before, and approved by a resolution of, each house of parliament. as soon as is reasonably practicable after the draft of an order in council under this section has been approved by a resolution of the assembly, the first minister must ensure that— notice in writing of the resolution, and a copy of the draft, is sent to the secretary of state. the secretary of state must, before the end of the period of 60 days beginning immediately after the day on which notice of the assembly's resolution is received, either— lay the draft before each house of parliament, or give notice in writing to the first minister of the secretary of state's refusal to do so and the reasons for that refusal. as soon as is reasonably practicable after the first minister receives notice of the secretary of state's refusal to lay the draft before each house of parliament and the reasons for that refusal— the first minister must lay a copy of the notice before the assembly, and the assembly must ensure that it is published. in reckoning the period of 60 days mentioned in subsection (7) no account is to be taken of any period during which parliament is dissolved or prorogued or both houses are adjourned for more than four days. the amendment of schedule 5 by an order in council under this section does not affect— the validity of an assembly measure passed before the amendment comes into force, or the previous or continuing operation of such an assembly measure. 96. scrutiny of proposed orders in council the counsel general or the attorney general may refer to the supreme court for decision the question whether a matter which a proposed order in council under section 95 proposes to add to part 1 of schedule 5 relates to a field listed in that part. subheading 2. procedure 97. introduction of proposed assembly measures a proposed assembly measure may, subject to the standing orders, be introduced in the assembly— by the first minister, any welsh minister appointed under section 48, any deputy welsh minister or the counsel general, or by any other assembly member. the person in charge of a proposed assembly measure must, on or before the introduction of the proposed assembly measure, state that, in that person's view, its provisions would be within the assembly's legislative competence. the presiding officer must, on or before the introduction of a proposed assembly measure in the assembly— decide whether or not, in the view of the presiding officer, the provisions of the proposed assembly measure would be within the assembly's legislative competence, and state that decision. a statement under this section must be made in both english and welsh; but, subject to that, the form of the statement and the manner in which it is to be made are to be determined under the standing orders. the standing orders— may provide for a statement under this section to be published, and if they do so, must provide for it to be published in both english and welsh. 98. proceedings on proposed assembly measures the standing orders must include provision— for general debate on a proposed assembly measure with an opportunity for assembly members to vote on its general principles, for the consideration of, and an opportunity for assembly members to vote on, the details of a proposed assembly measure, and for a final stage at which a proposed assembly measure can be passed or rejected. subsection (1) does not prevent the standing orders making provision to enable the assembly to expedite proceedings in relation to a particular proposed assembly measure. the standing orders may make provision different from that required by subsection (1) for the procedure applicable to proposed assembly measures of any of the following kinds— proposed assembly measures which restate the law, proposed assembly measures which repeal or revoke spent enactments, and private proposed assembly measures. the standing orders must include provision for securing that the assembly may only pass a proposed assembly measure containing provisions which would, if contained in a bill for an act of parliament, require the consent of her majesty or the duke of cornwall if such consent has been signified in accordance with the standing orders. the standing orders must include provision for securing that the assembly may only pass a proposed assembly measure if the text of the proposed assembly measure is in both english and welsh, unless the circumstances are such as are specified by the standing orders as any in which the text need not be in both languages. the standing orders must provide for an opportunity for the reconsideration of a proposed assembly measure after its passing if (and only if)— the supreme court decides on a reference made in relation to the proposed assembly measure under section 99 that the proposed assembly measure or any provision of it would not be within the assembly's legislative competence, a reference made in relation to the proposed assembly measure under section 99 is withdrawn following a request for withdrawal of the reference under section 100(2)(b), or an order is made in relation to the proposed assembly measure under section 101. the standing orders must, in particular, ensure that any proposed assembly measure amended on reconsideration is subject to a final stage at which it can be approved or rejected. references in subsections (4), (5) and (6) of this section and sections 93(2) and 95(10) to the passing of a proposed assembly measure are, in the case of a proposed assembly measure which has been amended on reconsideration, to be read as references to its approval. 99. scrutiny of proposed assembly measures by supreme court the counsel general or the attorney general may refer the question whether a proposed assembly measure, or any provision of a proposed assembly measure, would be within the assembly's legislative competence to the supreme court for decision. subject to subsection (3), the counsel general or the attorney general may make a reference in relation to a proposed assembly measure at any time during— the period of four weeks beginning with the passing of the proposed assembly measure, and any period of four weeks beginning with any subsequent approval of the proposed assembly measure in accordance with provision included in the standing orders in compliance with section 98(7). no reference may be made in relation to a proposed assembly measure— by the counsel general if the counsel general has notified the clerk that no reference is to be made in relation to it by the counsel general, or by the attorney general if the attorney general has notified the clerk that no reference is to be made in relation to it by the attorney general. but subsection (3) does not apply if the proposed assembly measure has been approved as mentioned in subsection (2)(b) since the notification. 100. ecj references this section applies where— a reference has been made in relation to a proposed assembly measure under section 99, a reference for a preliminary european court ruling has been made by the supreme court in connection with that reference, and neither of those references has been decided or otherwise disposed of. if the assembly resolves that it wishes to reconsider the proposed assembly measure— the clerk must notify the counsel general and the attorney general of that fact, and the person who made the reference in relation to the proposed assembly measure under section 99 must request the withdrawal of the reference. in this section “a reference for a preliminary european court ruling” means a reference of a question to the european court under article 234 of the treaty establishing the european community, article 41 of the treaty establishing the european coal and steel community or article 150 of the treaty establishing the european atomic energy community. 101. power to intervene in certain cases this section applies if a proposed assembly measure contains provisions which the secretary of state has reasonable grounds to believe— would have an adverse effect on any matter which is not specified in part 1 of schedule 5 (or falls within any of the exceptions specified in paragraph a1 of part 2 of that schedule), might have a serious adverse impact on water resources in england, water supply in england or the quality of water in england, would have an adverse effect on the operation of the law as it applies in england, or would be incompatible with any international obligation or the interests of defence or national security. the secretary of state may make an order prohibiting the clerk from submitting the proposed assembly measure for approval by her majesty in council. the order must identify the proposed assembly measure and the provisions in question and state the reasons for making the order. the order may be made at any time during— the period of four weeks beginning with the passing of the proposed assembly measure, any period of four weeks beginning with any subsequent approval of the proposed assembly measure in accordance with provision included in the standing orders in compliance with section 98(7), or if a reference is made in relation to the proposed assembly measure under section 99, the period of four weeks beginning with the reference being decided or otherwise disposed of by the supreme court. the secretary of state must not make an order in relation to a proposed assembly measure if the secretary of state has notified the clerk that no order is to be made in relation to the proposed assembly measure. subsection (5) does not apply if the proposed assembly measure has been approved as mentioned in subsection (4)(b) since the notification. an order in force under this section at a time when such approval is given ceases to have effect. a statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either house of parliament. 102. approval of proposed assembly measures it is for the clerk to submit proposed assembly measures for approval by her majesty in council. the clerk may not submit a proposed assembly measure for approval by her majesty in council at any time when— the attorney general or the counsel general is entitled to make a reference in relation to the proposed assembly measure under section 99, such a reference has been made but has not been decided or otherwise disposed of by the supreme court, or an order may be made in relation to the proposed assembly measure under section 101. the clerk may not submit a proposed assembly measure in its unamended form for approval by her majesty in council if— the supreme court has decided on a reference made in relation to the proposed assembly measure under section 99 that the proposed assembly measure or any provision of it would not be within the assembly's legislative competence, or a reference made in relation to the proposed assembly measure under section 99 has been withdrawn following a request for withdrawal of the reference under section 100(2)(b). once an assembly measure has been approved by her majesty in council, the clerk of the privy council must send the order in council approving the assembly measure to the clerk. the date of the approval by her majesty in council of an assembly measure is to be written on the assembly measure by the clerk, and forms part of the assembly measure. the clerk must publish the order in council by which an assembly measure is approved. the standing orders must include provision for the notification by the clerk to the assembly of the date of the approval of an assembly measure by her majesty in council. the validity of an assembly measure is not affected by any failure to comply with provision made by or by virtue of subsection (4), (5) or (7). part 4. acts of the assembly subheading 1. referendum 103. referendum about commencement of assembly act provisions her majesty may by order in council cause a referendum to be held throughout wales about whether the assembly act provisions should come into force. if the majority of the voters in a referendum held by virtue of subsection (1) vote in favour of the assembly act provisions coming into force, the assembly act provisions are to come into force in accordance with section 105. but if they do not, that does not prevent the making of a subsequent order in council under subsection (1). no recommendation is to be made to her majesty in council to make an order in council under subsection (1) unless a draft of the statutory instrument containing the order in council has been laid before, and approved by a resolution of, each house of parliament and the assembly. but subsection (4) is not satisfied unless the resolution of the assembly is passed on a vote in which the number of assembly members voting in favour of it is not less than two-thirds of the total number of assembly seats. a draft of a statutory instrument containing an order in council under subsection (1) may not be laid before either house of parliament, or the assembly, until the secretary of state has undertaken such consultation as the secretary of state considers appropriate. for further provision about referendums held by virtue of subsection (1) see schedule 6. in this act “the assembly act provisions” means— sections 107 and 108, and sections 110 to 115. 104. proposal for referendum by assembly this section applies if— the assembly passes a resolution moved by the first minister or a welsh minister appointed under section 48 that, in its opinion, a recommendation should be made to her majesty in council to make an order in council under section 103(1), and the resolution of the assembly is passed on a vote in which the number of assembly members voting in favour of it is not less than two-thirds of the total number of assembly seats. the first minister must, as soon as is reasonably practicable after the resolution is passed, ensure that notice in writing of the resolution is given to the secretary of state. the secretary of state must, within the period of 120 days beginning immediately after the day on which it is received— lay a draft of a statutory instrument containing an order in council under section 103(1) before each house of parliament, or give notice in writing to the first minister of the secretary of state's refusal to do so and the reasons for that refusal. as soon as is reasonably practicable after the first minister receives notice given under subsection (3)(b)— the first minister must lay a copy of the notice before the assembly, and the assembly must ensure that the notice is published. 105. commencement of assembly act provisions this section applies where the majority of the voters in a referendum held by virtue of section 103(1) are in favour of the assembly act provisions coming into force. the welsh ministers may by order make provision for the assembly act provisions to come into force on the date specified in the order. an order under subsection (2) may make such modifications of— any enactment (including any enactment comprised in or made under this act) or prerogative instrument, or any other instrument or document, as the welsh ministers consider appropriate in connection with the coming into force of the assembly act provisions. no order is to be made under subsection (2) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the assembly. 106. effect on measures of commencement of assembly act provisions part 3 ceases to have effect on the day on which the assembly act provisions come into force. but that does not affect— the continuing operation, on and after that day, of any assembly measure enacted before that day, or the continuing operation, after the enactment of the measure, of any assembly measure enacted in accordance with section 106a. subsection (1) is subject to section 106a. 106a. enactment of proposed assembly measures this section applies if, immediately before the coming into force of the assembly act provisions, one or more proposed assembly measures have been passed by the assembly but have not been approved by her majesty in council (“the proposed measures”). part 3 continues to have effect, for the purposes of enabling the proposed measures to be enacted, until an order in council in respect of every such measure has been published by the clerk in accordance with section 102(6). 107. acts of the assembly the assembly may make laws, to be known as acts of the national assembly for wales or deddfau cynulliad cenedlaethol cymru (referred to in this act as “acts of the assembly”). proposed acts of the assembly are to be known as bills; and a bill becomes an act of the assembly when it has been passed by the assembly and has received royal assent. the validity of an act of the assembly is not affected by any invalidity in the assembly proceedings leading to its enactment. every act of the assembly is to be judicially noticed. this part does not affect the power of the parliament of the united kingdom to make laws for wales. 108. legislative competence subject to the provisions of this part, an act of the assembly may make any provision that could be made by an act of parliament. an act of the assembly is not law so far as any provision of the act is outside the assembly's legislative competence. a provision of an act of the assembly is within the assembly's legislative competence only if it falls within subsection (4) or (5). a provision of an act of the assembly falls within this subsection if— it relates to one or more of the subjects listed under any of the headings in part 1 of schedule 7 and does not fall within any of the exceptions specified in that part of that schedule (whether or not under that heading or any of those headings), and it neither applies otherwise than in relation to wales nor confers, imposes, modifies or removes (or gives power to confer, impose, modify or remove) functions exercisable otherwise than in relation to wales. a provision of an act of the assembly falls within this subsection if— it provides for the enforcement of a provision (of that or any other act of the assembly) which falls within subsection (4) or a provision of an assembly measure or it is otherwise appropriate for making such a provision effective, or it is otherwise incidental to, or consequential on, such a provision. but a provision which falls within subsection (4) or (5) is outside the assembly's legislative competence if— it breaches any of the restrictions in part 2 of schedule 7, having regard to any exception in part 3 of that schedule from those restrictions, it extends otherwise than only to england and wales, or it is incompatible with the convention rights or with eu law. for the purposes of this section the question whether a provision of an act of the assembly relates to one or more of the subjects listed in part 1 of schedule 7 (or falls within any of the exceptions specified in that part of that schedule) is to be determined by reference to the purpose of the provision, having regard (among other things) to its effect in all the circumstances. 109. legislative competence: supplementary her majesty may by order in council amend schedule 7. an order in council under this section may make such modifications of— any enactment (including any enactment comprised in or made under this act) or prerogative instrument, or any other instrument or document, as her majesty considers appropriate in connection with the provision made by the order in council. an order in council under this section may make provision having retrospective effect. no recommendation is to be made to her majesty in council to make an order in council under this section unless a draft of the statutory instrument containing the order in council— has been laid before, and approved by a resolution of, each house of parliament, and except where the order in council is the first of which a draft has been laid under paragraph (a), has been laid before, and approved by a resolution of, the assembly. the amendment of schedule 7 by an order in council under this section does not affect— the validity of an act of the assembly passed before the amendment comes into force, or the previous or continuing operation of such an act of the assembly. subheading 2. procedure 110. introduction of bills a bill may, subject to the standing orders, be introduced in the assembly— by the first minister, any welsh minister appointed under section 48 any deputy welsh minister or the counsel general, or by any other assembly member. the person in charge of a bill must, on or before the introduction of the bill, state that, in that person's view, its provisions would be within the assembly's legislative competence. the presiding officer must, on or before the introduction of a bill in the assembly— decide whether or not, in the view of the presiding officer, the provisions of the bill would be within the assembly's legislative competence, and state that decision. a statement under this section must be made in both english and welsh; but, subject to that, the form of the statement and the manner in which it is to be made are to be determined under the standing orders. the standing orders— may provide for a statement under this section to be published, and if they do so, must provide for it to be published in both english and welsh. 111. proceedings on bills the standing orders must include provision— for general debate on a bill with an opportunity for assembly members to vote on its general principles, for the consideration of, and an opportunity for assembly members to vote on, the details of a bill, and for a final stage at which a bill can be passed or rejected. subsection (1) does not prevent the standing orders making provision to enable the assembly to expedite proceedings in relation to a particular bill. the standing orders may make provision different from that required by subsection (1) for the procedure applicable to bills of any of the following kinds— bills which restate the law, bills which repeal or revoke spent enactments, and private bills. the standing orders must include provision for securing that the assembly may only pass a bill containing provisions which would, if contained in a bill for an act of parliament, require the consent of her majesty or the duke of cornwall if such consent has been signified in accordance with the standing orders. the standing orders must include provision for securing that the assembly may only pass a bill if the text of the bill is in both english and welsh, unless the circumstances are such as are specified by the standing orders as any in which the text need not be in both languages. the standing orders must provide for an opportunity for the reconsideration of a bill after its passing if (and only if)— the supreme court decides on a reference made in relation to the bill under section 112 that the bill or any provision of it would not be within the assembly's legislative competence, a reference made in relation to the bill under section 112 is withdrawn following a request for withdrawal of the reference under section 113(2)(b), or an order is made in relation to the bill under section 114. the standing orders must, in particular, ensure that any bill amended on reconsideration is subject to a final stage at which it can be approved or rejected. references in subsections (4), (5) and (6) of this section and sections 107(2), 109(5) and 116(3) to the passing of a bill are, in the case of a bill which has been amended on reconsideration, to be read as references to its approval. 112. scrutiny of bills by supreme court the counsel general or the attorney general may refer the question whether a bill, or any provision of a bill, would be within the assembly's legislative competence to the supreme court for decision. subject to subsection (3), the counsel general or the attorney general may make a reference in relation to a bill at any time during— the period of four weeks beginning with the passing of the bill, and any period of four weeks beginning with any subsequent approval of the bill in accordance with provision included in the standing orders in compliance with section 111(7). no reference may be made in relation to a bill— by the counsel general if the counsel general has notified the clerk that no reference is to be made in relation to it by the counsel general, or by the attorney general if the attorney general has notified the clerk that no reference is to be made in relation to it by the attorney general. but subsection (3) does not apply if the bill has been approved as mentioned in subsection (2)(b) since the notification. 113. ecj references this section applies where— a reference has been made in relation to a bill under section 112, a reference for a preliminary european court ruling has been made by the supreme court in connection with that reference, and neither of those references has been decided or otherwise disposed of. if the assembly resolves that it wishes to reconsider the bill— the clerk must notify the counsel general and the attorney general of that fact, and the person who made the reference in relation to the bill under section 112 must request the withdrawal of the reference. in this section “a reference for a preliminary european court ruling” means a reference of a question to the european court under article 267 of the treaty on the functioning of the european union or article 150 of the treaty establishing the european atomic energy community. 114. power to intervene in certain cases this section applies if a bill contains provisions which the secretary of state has reasonable grounds to believe— would have an adverse effect on any matter which is not listed under any of the headings in part 1 of schedule 7 (or falls within any of the exceptions specified in that part of that schedule), might have a serious adverse impact on water resources in england, water supply in england or the quality of water in england, would have an adverse effect on the operation of the law as it applies in england, or would be incompatible with any international obligation or the interests of defence or national security. the secretary of state may make an order prohibiting the clerk from submitting the bill for royal assent. the order must identify the bill and the provisions in question and state the reasons for making the order. the order may be made at any time during— the period of four weeks beginning with the passing of the bill, any period of four weeks beginning with any subsequent approval of the bill in accordance with provision included in the standing orders in compliance with section 111(7), or if a reference is made in relation to the bill under section 112, the period of four weeks beginning with the reference being decided or otherwise disposed of by the supreme court. the secretary of state must not make an order in relation to a bill if the secretary of state has notified the clerk that no order is to be made in relation to the bill. subsection (5) does not apply if the bill has been approved as mentioned in subsection (4)(b) since the notification. an order in force under this section at a time when such approval is given ceases to have effect. a statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either house of parliament. 115. royal assent it is for the clerk to submit bills for royal assent. the clerk may not submit a bill for royal assent at any time when— the attorney general or the counsel general is entitled to make a reference in relation to the bill under section 112, such a reference has been made but has not been decided or otherwise disposed of by the supreme court, or an order may be made in relation to the bill under section 114. the clerk may not submit a bill in its unamended form for royal assent if— the supreme court has decided on a reference made in relation to the bill under section 112 that the bill or any provision of it would not be within the assembly's legislative competence, or a reference made in relation to the bill under section 112 has been withdrawn following a request for withdrawal of the reference under section 113(2)(b). a bill receives royal assent when letters patent under the welsh seal signed with her majesty's own hand signifying her assent are notified to the clerk. the keeper of the welsh seal (see section 116(2)) must make arrangements to send the letters patent to the national library of wales. the date of royal assent is to be written on the act of the assembly by the clerk, and forms part of the act. the standing orders must include provision for notification by the clerk to the assembly of the date of royal assent to an act of the assembly. the validity of an act of the assembly is not affected by any failure to comply with provision made by or by virtue of subsection (4), (5) or (6). 116. welsh seal and letters patent there is to be a welsh seal. the first minister is to be the keeper of the welsh seal. her majesty may by order in council make provision as to— the form and manner of preparation, and the publication, of letters patent signed with her majesty's own hand signifying her assent to a bill passed by the assembly. a statutory instrument containing an order in council under subsection (3) is subject to annulment in pursuance of a resolution of the assembly. part 5. finance subheading 1. welsh consolidated fund 117. welsh consolidated fund there is to be a welsh consolidated fund. the welsh consolidated fund is to be held with the paymaster general. subheading 2. payments into welsh consolidated fund 118. grants the secretary of state must from time to time make payments into the welsh consolidated fund out of money provided by parliament of such amounts as the secretary of state may determine. any minister of the crown, and any government department, may make payments to the welsh ministers, the first minister or the counsel general of such amounts as may be determined by the minister of the crown or those responsible in the department. 119. statement of estimated payments the secretary of state must, for each financial year, make a written statement showing— the total amount of the payments which the secretary of state estimates will be made for the financial year under section 118(1), the total amount of the payments which the secretary of state estimates will be made to the welsh ministers, the first minister or the counsel general for the financial year by ministers of the crown and government departments, and the total amount of the payments which the secretary of state estimates will be made to the welsh ministers, the first minister or the counsel general for the financial year otherwise than by a minister of the crown or government department. a statement under this section must also include such other information as the secretary of state considers appropriate. a statement under this section for any financial year must also show the total amount which the secretary of state for wales proposes to expend for the financial year out of money provided by parliament otherwise than on making payments into the welsh consolidated fund. a statement under this section for a financial year must include details of how the total amounts mentioned in subsections (1)(a), (b) and (c) and (3) have been arrived at. a statement under this section for a financial year is to be made no later than four months before the beginning of the financial year. the secretary of state must lay before the assembly each statement under this section. 120. destination of receipts any sum received by or on behalf of— the welsh ministers, the first minister or the counsel general, the assembly commission, the wales audit office, or the public services ombudsman for wales, is to be paid into the welsh consolidated fund (unless it is paid out of that fund, and subject as follows); and this subsection applies in spite of provision contained in any other enactment unless the enactment provides expressly that any such sum is not to be paid into the welsh consolidated fund. if and to the extent that sums received as mentioned in subsection (1) are received in connection with resources— which are within a category specified by resolution of the assembly for the purposes of this subsection, which accrued to a person within subsection (1), and the retention of which by that person is authorised by a budget resolution of the assembly for the financial year in which the resources accrued, the sums may be retained for use for the services and purposes specified in a budget resolution of the assembly for the financial year in which they are received as services and purposes for which retained resources may be used. the treasury may, after consulting the welsh ministers, by order designate any description of sums received as mentioned in subsection (1). the welsh ministers must make payments to the secretary of state of sums equal to the total amount of sums of that description. payments by the welsh ministers under subsection (4) are to be made at such times, and by such methods, as the treasury may from time to time determine. sums required for the making of the payments are to be charged on the welsh consolidated fund. a statutory instrument containing an order under subsection (3) is subject to annulment in pursuance of a resolution of the house of commons. in this act “budget resolution of the assembly” means a resolution on an annual budget motion (see section 125) or a supplementary budget motion (see section 126). subheading 3. borrowing 121. borrowing by welsh ministers the welsh ministers may borrow from the secretary of state any amounts it appears to them are required by them for the purpose of— meeting a temporary excess of sums paid out of the welsh consolidated fund over sums paid into that fund, or providing a working balance in that fund. amounts borrowed under this section must be repaid to the secretary of state at such times and by such methods, and interest on such sums must be paid to the secretary of state at such rates and at such times, as the treasury may from time to time determine. sums required for the repayment of, or the payment of interest on, amounts borrowed under this section are to be charged on the welsh consolidated fund. 122. lending by secretary of state the treasury may issue to the secretary of state out of the national loans fund such sums as the secretary of state needs for making loans under section 121. the aggregate outstanding in respect of the principal of sums borrowed under that section must not exceed £500 million. the secretary of state may by order made with the consent of the treasury substitute for the amount for the time being specified in subsection (2) such greater amount as is specified in the order. no order is to be made under subsection (3) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the house of commons. sums received by the secretary of state under section 121(2) must be paid into the national loans fund. 123. accounts relating to loans the secretary of state must for each financial year prepare accounts in such form and manner as the treasury may direct of— loans made by the secretary of state under section 121 or treated as made by paragraph 11(6) of schedule 3 or paragraph 44(6) of schedule 11, and repayments and payments of interest made to the secretary of state in respect of those loans. the secretary of state must send accounts under subsection (1) relating to a financial year to the comptroller and auditor general no later than five months after the end of the financial year. the comptroller and auditor general must— examine, certify and report on accounts sent under subsection (2), and lay copies of the accounts, together with the report prepared under paragraph (a), before each house of parliament. subheading 4. expenditure 124. payments out of welsh consolidated fund a sum may only be paid out of the welsh consolidated fund if— it has been charged on that fund by any enactment, or its payment out is authorised or deemed to be authorised by a budget resolution of the assembly (see sections 125 to 128) for or in connection with either of the purposes mentioned in subsection (2), and an approval to draw the payment of the sum out of the welsh consolidated fund is granted by the auditor general (see section 129). those purposes are— meeting expenditure of a relevant person, and meeting expenditure payable pursuant to a relevant enactment. for the purposes of this section and sections 125 to 128 the relevant persons are— the welsh ministers, the first minister and the counsel general, the assembly commission, the wales audit office, and the public services ombudsman for wales. for the purposes of this section and sections 125 to 128 a relevant enactment is an enactment which provides for payment out of the welsh consolidated fund. this section does not apply to sums paid out of the welsh consolidated fund by virtue of section 130. any enactment which— charges the payment of sums on the consolidated fund or requires or authorises the payment of any sum from the consolidated fund, or requires or authorises the payment of sums out of money provided by parliament, does not have effect if the sums are payable by any of the relevant persons. 125. annual budget motions for each financial year there is to be moved in the assembly a motion (referred to in this act as an “annual budget motion”) for the purpose of authorising— the amount of resources which may be used in the financial year by the relevant persons, or pursuant to a relevant enactment, for the services and purposes specified in the motion, the amount of resources accruing to the relevant persons in the financial year which may be retained by them to be used for the services and purposes so specified (rather than being paid into the welsh consolidated fund), and the amount which may be paid out of the welsh consolidated fund in the financial year to the relevant persons, or for use pursuant to a relevant enactment, for the services and purposes so specified. an annual budget motion may only be moved by the first minister or a welsh minister appointed under section 48. an annual budget motion must be accompanied by a written statement made by the welsh ministers showing— the total amount of the payments which they estimate will be made for the financial year under section 118(1), the total amount of the payments which they estimate will be made to the welsh ministers, the first minister or the counsel general for the financial year by ministers of the crown and government departments, and the total amount of the payments which they estimate will be made to the welsh ministers, the first minister or the counsel general for the financial year otherwise than by a minister of the crown or government department. in this act a reference to the use of resources is a reference to their expenditure, consumption or reduction in value. 126. supplementary budget motions for any financial year there may be moved in the assembly one or more motions (referred to in this act as a “supplementary budget motion”) for either or both of the purposes specified in subsections (2) and (3). a supplementary budget motion may approve a variation in any one or more of the following— the amount of resources authorised to be used in the financial year by a relevant person, or pursuant to a relevant enactment, for any service or purpose, the amount of resources accruing to a relevant person in the financial year and authorised to be retained by that person to be used for any service or purpose, and the amount authorised to be paid out of the welsh consolidated fund in the financial year to a relevant person, or for use pursuant to a relevant enactment, for any service or purpose. a supplementary budget motion may authorise any one or more of the following— the amount of resources which may be used in the financial year by a relevant person, or pursuant to a relevant enactment, for a service or purpose specified in the motion, the amount of resources accruing to a relevant person in the financial year which may be retained by that person to be used for a service or purpose so specified, and the amount which may be paid out of the welsh consolidated fund in the financial year to a relevant person, or for use pursuant to a relevant enactment, for a service or purpose so specified. a supplementary budget motion for any financial year may be expressed to have effect from a time before it is made; but that time may not be earlier than— the date on which the last supplementary budget motion for the financial year was passed, or (if none has) the date on which the annual budget motion for the financial year was passed. a supplementary budget motion may only be moved by the first minister or a welsh minister appointed under section 48. 126a. inclusion in budget motions of resources used by designated bodies a budget motion for a financial year may include information relating to resources expected to be used by any body that is a designated body in relation to a relevant person. for the purposes of this section a body is a “designated” body in relation to a relevant person if— it is designated in relation to the relevant person by an order made by the welsh ministers, or it falls within a description of body designated in relation to the relevant person by such an order. a body, or a description of body, may be designated in relation to a relevant person for a particular financial year or generally. if the welsh ministers expect the use of resources by a body in a financial year to involve payments out of a relevant consolidated fund to or for the benefit of the body, they may not make an order under which the body would be a designated body for the year unless the treasury have consented to the making of the order. “a relevant consolidated fund” means— the consolidated fund of the united kingdom, the scottish consolidated fund, or the consolidated fund of northern ireland. the welsh ministers must, where they think it appropriate, consult the treasury before designating a body or a description of body. in determining for any purpose whether a body has a particular relationship with a relevant person (for example, whether it is controlled by, or otherwise dependent on, the person), the following must be disregarded— the fact that the provisions of a budget motion relating to the relevant person in respect of a financial year include information relating to the body, and the fact that the relevant person's accounts for a financial year prepared under this or any other act include information relating to the body. an order under subsection (2) is to be made by statutory instrument. a statutory instrument containing an order under that subsection is subject to annulment in pursuance of a resolution of the national assembly for wales. but subsection (9) does not apply if a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, the national assembly for wales. 127. appropriation without budget resolution if a budget resolution for a financial year is not passed before the beginning of the financial year, the following are deemed to have been authorised by a budget resolution of the assembly for that year— the use in the year for any service or purpose of the relevant percentage of the amount of the resources authorised to be used in the preceding financial year for the service or purpose, the retention in the year for use for any service or purpose of the relevant percentage of the amount of the resources authorised to be retained in the previous financial year for use for the service or purpose, and the payment out of the welsh consolidated fund in the year for any service or purpose of the relevant percentage of the amount authorised to be paid out of the fund in the previous financial year for the service or purpose. “the relevant percentage” is— where a budget resolution for the financial year is not passed before the end of july in the financial year, 95%, and otherwise, 75%. 128. contingencies this section applies where it is proposed— that resources be used in any financial year by any of the relevant persons, or pursuant to a relevant enactment, otherwise than as authorised by virtue of sections 125 to 127, or that amounts be paid out of the welsh consolidated fund in the year to the relevant persons, or for use pursuant to a relevant enactment, otherwise than as authorised by virtue of those sections. the resources may be so used, or the amounts may be so issued, only with the authority of the welsh ministers. the welsh ministers may authorise the use of resources, or the payment of amounts, only if they consider that— the use of the resources, or the payment of the amounts, is necessary in the public interest, and it is not reasonably practicable, for reasons of urgency, for a motion to be moved under section 125 or 126 to authorise the use of the resources or the payment of the amounts. the aggregate amount of resources which the welsh ministers may at any time authorise to be used under this section by any person, or pursuant to any enactment, in any financial year must not exceed 0.5% of— the aggregate amount of the resources which, at the time, have been authorised by virtue of sections 125 and 126 to be used by that person, or pursuant to that enactment, in that financial year, or (if none have) the aggregate amount of the resources which were so authorised to be used by that person, or pursuant to that enactment, in the immediately preceding financial year. the aggregate amount which the welsh ministers may at any time authorise to be paid out of the welsh consolidated fund under this section to any person, or for use pursuant to any enactment, in any financial year must not exceed 0.5% of— the aggregate of the amounts which, at the time, have been authorised by virtue of sections 125 and 126 to be paid to that person, or for use pursuant to that enactment, in that financial year, or (if none have) the aggregate of the amounts which were so authorised to be paid to that person, or for use pursuant to that enactment, in the immediately preceding financial year. the use of resources, or the payment of amounts, authorised by the welsh ministers in accordance with this section is deemed to have been authorised by a budget resolution of the assembly. where the welsh ministers authorise the use of resources or the payment of amounts under this section, they must, as soon as possible, lay before the assembly a report setting out— the resources authorised to be used or the amounts authorised to be paid, the services or purposes for which the resources were authorised to be used, or the amounts were authorised to be paid, and why they considered it to be necessary to authorise the use of the resources, or the payment of the amounts, under this section. 129. approvals to draw the auditor general must grant approvals to draw payments out of the welsh consolidated fund from time to time at the request of the welsh ministers. an approval to draw may only be granted if, in the auditor general's opinion, the proposed payment out of the welsh consolidated fund would comply with section 124. a request for the grant of an approval to draw is to be made in any manner which the welsh ministers, with the approval of the auditor general, decide to adopt. where an approval to draw is granted the paymaster general must make the funds available to the welsh ministers, the first minister, the counsel general, the assembly commission, the wales audit office or the public services ombudsman for wales (as appropriate). the paymaster general must make available to— the auditor general, and the principal accounting officer for the welsh ministers, a daily statement regarding all the issues made out of the welsh consolidated fund in respect of sums charged on that fund and other payments out of it. for the purposes of this act the principal accounting officer for the welsh ministers is the permanent secretary to the welsh assembly government. but the treasury may designate another member of the staff of the welsh assembly government to be the principal accounting officer for the welsh ministers if and for so long as— the permanent secretary to the welsh assembly government is incapable of discharging the responsibilities of principal accounting officer for the welsh ministers, or the office of permanent secretary to the welsh assembly government is vacant. in this section “permanent secretary to the welsh assembly government” means the person appointed in accordance with section 52 to be the head of the staff of the welsh assembly government (whether or not that person is known by the title of permanent secretary to the welsh assembly government). 130. payments in by mistake where a sum is paid into the welsh consolidated fund which should not or need not have been paid into the fund, the auditor general may grant an approval to draw a payment equal to the amount of that sum out of the fund. subheading 5. financial accountability of welsh ministers 131. welsh ministers' accounts the welsh ministers must, for each financial year, prepare accounts in accordance with directions given to them by the treasury. the accounts must include details of the financial affairs and transactions of the counsel general. the directions which the treasury may give under subsection (1) include directions to prepare accounts relating to financial affairs and transactions of persons other than the welsh ministers. the directions which the treasury may give under subsection (1) include, in particular, directions as to— the financial affairs and transactions to which the accounts are to relate, the information to be contained in the accounts and the manner in which it is to be presented, the methods and principles in accordance with which the accounts are to be prepared, and the additional information (if any) that is to accompany the accounts. any accounts which the welsh ministers are directed under this section to prepare for any financial year must be submitted by the welsh ministers to the auditor general no later than 30th november in the following financial year. the auditor general must— examine and certify any accounts submitted under this section, and no later than four months after the accounts are submitted, lay before the assembly a copy of them as certified by the auditor general together with the auditor general's report on them. in examining accounts submitted under this section, the auditor general must, in particular, be satisfied— that the expenditure to which the accounts relate has been incurred lawfully and in accordance with the authority which governs it, and that money received for a particular purpose or particular purposes has not been expended otherwise than for that purpose or those purposes. where— by virtue of any enactment other than this section the welsh ministers are under an obligation to prepare accounts dealing with any matters, and it appears to the treasury that those matters fall to be dealt with in accounts directed to be prepared under this section, the treasury may relieve the welsh ministers of that obligation for or in respect of such periods as the treasury may direct. 132. account relating to welsh consolidated fund the welsh ministers must, for each financial year, prepare an account of the payments into and out of the welsh consolidated fund. the account must be prepared in accordance with directions given to the welsh ministers by the treasury. the directions which the treasury may give under subsection (2) include, in particular, directions as to— the information to be contained in the account and the manner in which it is to be presented, the methods and principles in accordance with which the account is to be prepared, and the additional information (if any) that is to accompany the account. any account which the welsh ministers are directed under this section to prepare for any financial year must be submitted by the welsh ministers to the auditor general no later than 30th november in the following financial year. the auditor general must— examine and certify any account submitted under this section, and no later than four months after the account is submitted, lay before the assembly a copy of it as certified by the auditor general together with the auditor general's report on it. in examining an account submitted under this section the auditor general must, in particular, be satisfied— that any payment out of the welsh consolidated fund to which the account relates was paid out in compliance with section 124 or 130, and that money which is required to be paid into the welsh consolidated fund has been paid into that fund. 133. accounting officers for welsh ministers the principal accounting officer for the welsh ministers has— in relation to the accounts of the welsh ministers and the finances of the welsh ministers and the counsel general, and in relation to the performance by persons designated as accounting officers in pursuance of any provision of this act of their responsibilities as accounting officers, the responsibilities which are from time to time specified by the treasury. the principal accounting officer for the welsh ministers may designate other members of the staff of the welsh assembly government as additional accounting officers. an additional accounting officer has, in relation to such of the accounts of the welsh ministers and the finances of the welsh ministers and the counsel general as may be specified by the principal accounting officer for the welsh ministers, the responsibilities which are from time to time specified by the principal accounting officer for the welsh ministers. 134. accounts of subsidiaries of welsh ministers for the purposes of the examination by the auditor general of any accounts of the welsh ministers the auditor general— has a right of access at all reasonable times to every document relating to the accounts of any subsidiary of the welsh ministers (whether or not the accounts of the welsh ministers being examined relate to the financial affairs and transactions of the subsidiary), is entitled to require from any person holding or accountable for any of those documents any assistance, information or explanation which the auditor general reasonably thinks necessary for those purposes, and may require any subsidiary of the welsh ministers to provide the auditor general at times specified by the auditor general with accounts of such of the subsidiary's transactions as the auditor general may specify. the treasury may, by directions given to a subsidiary of the welsh ministers, require the subsidiary to include in any accounts which the subsidiary prepares (under, for example, the law relating to companies or charities) such additional information as may be specified in the directions. the inclusion of information in any accounts in compliance with such directions does not constitute a breach of any provision which prohibits, or does not authorise, the inclusion in the accounts of that information. in this section “subsidiary of the welsh ministers” means— any body corporate or other undertaking in relation to which, if the welsh ministers were an undertaking, the welsh ministers would be a parent undertaking, any trust of which the welsh ministers are settlors, or any charitable institution of which the welsh ministers are founders but which is neither a body corporate nor a trust. for the purposes of subsection (4)(a)— “undertaking” has the meaning given by section 1161(1) of the companies act 2006, and “parent undertaking” is to be construed in accordance with section 1162 of that act. 135. examinations into welsh ministers' use of resources the auditor general may carry out examinations into the economy, efficiency and effectiveness with which the welsh ministers and the counsel general have used their resources in discharging their functions. subsection (1) does not entitle the auditor general to question the merits of the policy objectives of the welsh ministers or the counsel general. in determining how to exercise functions under this section the auditor general must take into account the views of the audit committee as to the examinations to be carried out under this section. the auditor general may lay before the assembly a report of the results of any examination carried out under this section. 136. examinations by comptroller and auditor general the comptroller and auditor general may carry out examinations into the payments into and out of the welsh consolidated fund. the comptroller and auditor general may report the results of any examination carried out under subsection (1) to the house of commons. if a report is made under subsection (2), the comptroller and auditor general must at the same time lay a report of the results of the examination before the assembly. for the purpose of enabling examinations under subsection (1) to be carried out the comptroller and auditor general— has a right of access at all reasonable times to all such documents in the custody or under the control of any of the persons mentioned in subsection (5) as the comptroller and auditor general may reasonably require for that purpose, and is entitled to require from any person holding or accountable for any of those documents any assistance, information or explanation which the comptroller and auditor general reasonably thinks necessary for that purpose. the persons referred to in subsection (4) are— the welsh ministers and the counsel general, the assembly commission, any other person audited by the auditor general other than a welsh nhs body (within the meaning given in section 60 of the public audit (wales) act 2004 (c. 23)), and the auditor general. before carrying out an examination under subsection (1) or acting in reliance on subsection (4) the comptroller and auditor general must— consult the auditor general, and take into account any relevant work done or being done by the auditor general. subheading 6. financial accountability of assembly commission 137. assembly commission's accounts the assembly commission must, for each financial year, prepare accounts in accordance with directions given to it by the treasury. the directions which the treasury may give under subsection (1) include directions to prepare accounts relating to financial affairs and transactions of persons other than the assembly commission. the directions which the treasury may give under subsection (1) include, in particular, directions as to— the financial affairs and transactions to which the accounts are to relate, the information to be contained in the accounts and the manner in which it is to be presented, the methods and principles in accordance with which the accounts are to be prepared, and the additional information (if any) that is to accompany the accounts. any accounts which the assembly commission is directed under this section to prepare for any financial year must be submitted by the assembly commission to the auditor general no later than 30th november in the following financial year. the auditor general must— examine and certify any accounts submitted under this section, and no later than four months after the accounts are submitted, lay before the assembly a copy of them as certified by the auditor general together with the auditor general's report on them. in examining accounts submitted under this section the auditor general must, in particular, be satisfied— that the expenditure to which the accounts relate has been incurred lawfully and in accordance with the authority which governs it, and that money received by the assembly commission for a particular purpose or particular purposes has not been expended otherwise than for that purpose or those purposes. 138. accounting officers for assembly commission for the purposes of this act the principal accounting officer for the assembly commission is the clerk. but the treasury may designate another member of the staff of the assembly to be the principal accounting officer for the assembly commission if and for so long asthe clerk is incapable of discharging the responsibilities of the principal accounting officer for the assembly commission, or the office of clerk is vacant. the principal accounting officer for the assembly commission has— in relation to the assembly commission's accounts and finances, and in relation to the performance by persons designated as accounting officers in pursuance of any provision of this act of their responsibilities as accounting officers, the responsibilities which are from time to time specified by the treasury. the principal accounting officer for the assembly commission may designate other members of the staff of the assembly as additional accounting officers. an additional accounting officer has, in relation to such of the assembly commission's accounts and finances as may be specified by the principal accounting officer for the assembly commission, the responsibilities which are from time to time specified by the principal accounting officer for the assembly commission. 139. accounts of subsidiaries of assembly commission for the purposes of the examination by the auditor general of any accounts of the assembly commission the auditor general— has a right of access at all reasonable times to every document relating to the accounts of any subsidiary of the assembly commission (whether or not the accounts of the assembly commission being examined relate to the financial affairs and transactions of the subsidiary), is entitled to require from any person holding or accountable for any of those documents any assistance, information or explanation which the auditor general reasonably thinks necessary for those purposes, and may require any subsidiary of the assembly commission to provide the auditor general at times specified by the auditor general with accounts of such of the subsidiary's transactions as the auditor general may specify. the treasury may, by directions given to a subsidiary of the assembly commission, require the subsidiary to include in any accounts which the subsidiary prepares (under, for example, the law relating to companies or charities) such additional information as may be specified in the directions. the inclusion of information in any accounts in compliance with such directions does not constitute a breach of any provision which prohibits, or does not authorise, the inclusion in the accounts of that information. in this section “subsidiary of the assembly commission” means— any body corporate or other undertaking in relation to which the assembly commission is a parent undertaking, any trust of which the assembly commission is settlor, or any charitable institution of which the assembly commission is founder but which is neither a body corporate nor a trust. for the purposes of subsection (4)(a)— “undertaking” has the meaning given by section 1161(1) of the companies act 2006, and “parent undertaking” is to be construed in accordance with section 1162 of that act. 140. examinations into assembly commission's use of resources the auditor general may carry out examinations into the economy, efficiency and effectiveness with which the assembly commission has used its resources in discharging its functions. subsection (1) does not entitle the auditor general to question the merits of the policy objectives of the assembly commission. in determining how to exercise functions under this section the auditor general must take into account the views of the audit committee as to the examinations to be carried out under this section. the auditor general may lay before the assembly a report of the results of any examination carried out under this section. subheading 7. whole of government of wales accounts 141. whole of government accounts: welsh ministers this section applies in respect of a financial year for which the treasury make arrangements with the welsh ministers under section 10(8) of the government resources and accounts act 2000 (c. 20) (whole of government accounts: consolidation of welsh accounts). the welsh ministers must prepare a set of accounts for the group of bodies which provide information to the welsh ministers in accordance with the arrangements under section 10(8). accounts prepared under this section may include information referring wholly or partly to activities which— are not activities of bodies falling within subsection (2), but appear to the welsh ministers to be activities of a public nature. the accounts must contain such information in such form as the treasury may direct. the treasury must exercise the power under subsection (4) with a view to ensuring that the accounts— present a true and fair view, and conform to generally accepted accounting practice subject to such adaptations as are necessary in the context. for the purposes of subsection (5)(a) and (b) the treasury must in particular— have regard to any relevant guidance issued by the accounting standards board limited or any other body prescribed for the purposes of section 464 of the companies act 2006 (accounting standards) or to international accounting standards (as defined in section 474 of that act), and require the accounts to include, subject to paragraph (a), a statement of financial performance, a statement of financial position and a cash flow statement. any accounts which the welsh ministers are required to prepare under this section for any financial year must be submitted by the welsh ministers to the auditor general no later than 30th november in the following financial year. but the welsh ministers may by order substitute another date for the date for the time being specified in subsection (7). no order may be made under subsection (7) unless the welsh ministers have consulted— the treasury, and the auditor general. a statutory instrument containing an order under subsection (7) is subject to annulment in pursuance of a resolution of the assembly. 142. functions of auditor general the auditor general must examine accounts submitted under section 141 with a view to being satisfied that they present a true and fair view. where the auditor general has conducted an examination of accounts under subsection (1), the auditor general must— certify them and issue a report, and no later than four months after the accounts are submitted, lay before the assembly a copy of them as certified by the auditor general together with the auditor general's report on them. a person who acts as auditor for the purposes of section 10(2)(c) or (8)(c) of the government resources and accounts act 2000 (c. 20) must give the auditor general such information and explanations as the auditor general may reasonably require for the purposes of this section. subheading 8. treatment of accounts and audit reports etc 143. audit committee reports the audit committee may consider, and lay before the assembly a report on, any accounts, statement of accounts or report laid before the assembly by— the auditor general, or [omitted] if requested to do so by the house of commons committee of public accounts, the audit committee may— on behalf of the committee of public accounts take evidence from any of the persons mentioned in subsection (3), and report to the committee of public accounts and transmit to that committee any evidence so taken. the persons referred to in subsection (2)(a) are— the principal accounting officer for the welsh ministers, the principal accounting officer for the assembly commission, and additional accounting officers designated under section 133 or 138. 144. publication of accounts and audit reports etc the assembly must publish a document to which this subsection applies as soon after the document is laid before the assembly as is reasonably practicable. the documents to which subsection (1) applies are— any accounts, statement of accounts or report laid before the assembly by the auditor general, any accounts or report laid before the assembly by the auditor appointed under paragraph 34 of schedule 1 to the public audit (wales) act 2013, and any report laid before the assembly by the audit committee under section 143(1). subheading 9. auditor general for wales 145. auditor general [omitted] for provision about the auditor general for wales or archwilydd cyffredinol cymru (referred to in this act as “the auditor general”) see schedule 8 and the public audit (wales) act 2013. the welsh ministers must co-operate with the auditor general where it seems to them appropriate to do so for the efficient and effective discharge of their functions in relation to welsh nhs bodies. “welsh nhs bodies” has the meaning given by section 60 of the public audit (wales) act 2004 (c. 23). part 6. miscellaneous and supplementary subheading 1. welsh public records 146. status of welsh public records welsh public records are not public records for the purposes of the public records act 1958 (c. 51). but that act has effect in relation to welsh public records (as if they were public records for the purpose of that act) until an order under section 147 imposes a duty to preserve them on the welsh ministers (or a member of the staff of the welsh assembly government). subsection (2) applies to welsh public records whether or not, apart from subsection (1), they would be public records for the purposes of the public records act 1958. 147. transfer of responsibility the lord chancellor may by order make provision— imposing or conferring on the welsh ministers (or a member of the staff of the welsh assembly government) functions relating to welsh public records (including, in particular, functions of preserving them and of making them available for inspection by the public), and imposing on persons responsible for welsh public records duties relating to the selection of such records for permanent preservation, the safe-keeping of such records and their transfer to a place specified in, or appointed under, the order. an order under this section may (in particular) make in relation to welsh public records provision analogous to that made by the public records act 1958 (c. 51) in relation to records which are public records for the purposes of that act. an order under this section may make such modifications of— any enactment (including any enactment comprised in or made under this act) or prerogative instrument, or any other instrument or document, as the lord chancellor considers appropriate in connection with the provision made by the order. an order under this section which imposes on the welsh ministers (or a member of the staff of the welsh assembly government) a duty to preserve welsh public records, or welsh public records of a particular description, must include provision for the lord chancellor to make such arrangements as appear appropriate for the transfer of welsh public records, or welsh public records of that description, which are in— the public record office, or a place of deposit appointed under the public records act 1958, to a place specified in, or appointed under, the order. no order is to be made under this section unless the lord chancellor has consulted the welsh ministers. no order under this section which contains provisions in the form of amendments or repeals of enactments contained in an act is to be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each house of parliament. a statutory instrument containing an order under this section is (unless a draft of the statutory instrument has been approved by a resolution of each house of parliament) subject to annulment in pursuance of a resolution of either house of parliament. 148. meaning of “welsh public records the following are welsh public records— administrative and departmental records belonging to her majesty which are records of the welsh assembly government, administrative and departmental records of the auditor general, administrative and departmental records belonging to her majesty which are records of or held in any government department which is wholly or mainly concerned with welsh affairs, administrative and departmental records belonging to her majesty which are records of any office, commission or other body or establishment under her majesty's government which is wholly or mainly concerned with welsh affairs in a field or fields in which the welsh ministers have functions, or the first minister or the counsel general has functions, administrative and departmental records of the bodies and establishments specified in subsection (2) (but not records of health service hospitals in wales which are of the descriptions excepted from being public records for the purposes of the public records act 1958 (c. 51) in the case of health service hospitals in england), and any other description of records (other than records of the assembly or the assembly commission or records of any court or tribunal or held in any department of the senior courts) which is specified by order made by the lord chancellor. the bodies and establishments referred to in subsection (1)(e) are— the care council for wales, [omitted] the curriculum and assessment authority for wales, family practitioner committees for localities in wales, the further education funding council for wales, the general teaching council for wales, health service hospitals, within the meaning of the national health service (wales) act 2006, in wales, the higher education funding council for wales, the local government boundary commission for wales, the national council for education and training for wales, national health service authorities for districts or localities in wales, or for areas in or consisting of wales, including national health service trusts all of whose hospitals, establishments and facilities are situated in wales, the natural resources body for wales, the qualifications, curriculum and assessment authority for wales, the wales centre for health, and the welsh board of health. an order under subsection (1)(f) may be made in relation to a description of records— which (immediately before the order is made) are public records for the purposes of the public records act 1958, or which (at that time) are not public records for those purposes. no order under subsection (1)(f) may be made— in relation to records within paragraph (a) of subsection (3), unless the lord chancellor has consulted the welsh ministers, and in relation to records within paragraph (b) of that subsection, without the agreement of the welsh ministers. a statutory instrument containing an order under subsection (1)(f) is subject to annulment in pursuance of a resolution of either house of parliament. in this section “records” includes— written records, and records conveying information by any other means. subheading 2. miscellaneous 149. resolution of devolution issues for provision about the resolution of devolution issues see schedule 9. 150. power to make consequential provision the secretary of state may by order make such provision as the secretary of state considers appropriate in consequence of— any provision made by an assembly measure or act of the assembly, any provision of subordinate legislation made, or purporting to be made, under an assembly measure or act of the assembly, any provision of subordinate legislation made, or purporting to be made, by the welsh ministers, the first minister or the counsel general, or any provision of subordinate legislation made, or purporting to be made, by any other person (not being a minister of the crown) in the exercise of a function conferred or imposed by act of parliament where the statutory instrument (or a draft of the statutory instrument) containing the subordinate legislation is required to be laid before the assembly. an order under this section may make such modifications of— any enactment (including any enactment comprised in or made under this act) or prerogative instrument, or any other instrument or document, as the secretary of state considers appropriate. an order under this section may not make provision with respect to matters within the legislative competence of the scottish parliament. an order under this section may make provision having retrospective effect. no order under this section which contains provisions in the form of amendments or repeals of enactments contained in an act is to be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each house of parliament. a statutory instrument containing an order under this section is (unless a draft of the statutory instrument has been approved by a resolution of each house of parliament) subject to annulment in pursuance of a resolution of either house of parliament. in subsection (1) “made” includes confirmed or approved. 151. power to remedy ultra vires acts her majesty may by order in council make such provision as her majesty considers appropriate in consequence of— an assembly measure or act of the assembly, or any provision of an assembly measure or act of the assembly, which is not, or may not be, within the assembly's legislative competence, or any purported exercise by any person of a function conferred or imposed by or under an assembly measure or act of the assembly which is not, or may not be, an exercise or proper exercise of that function. an order in council under this section may make such modifications of— any enactment (including any enactment comprised in or made under this act) or prerogative instrument, or any other instrument or document, as her majesty considers appropriate. an order in council under this section may make provision having retrospective effect. no recommendation is to be made to her majesty in council to make an order in council under this section which contains provisions in the form of amendments or repeals of enactments contained in an act unless a draft of the statutory instrument containing the order in council has been laid before, and approved by a resolution of, each house of parliament. a statutory instrument containing an order in council under this section is (unless a draft of the statutory instrument has been approved by a resolution of each house of parliament) subject to annulment in pursuance of a resolution of either house of parliament. 152. intervention in case of functions relating to water etc this section applies where it appears to the secretary of state that the exercise of a relevant function (or the failure to exercise a relevant function) in any particular case might have a serious adverse impact on— water resources in england, water supply in england, or the quality of water in england. the secretary of state may intervene under this paragraph in that case, so that— the secretary of state may in that case exercise the function, and the person or persons on whom the function is conferred or imposed may not in that case exercise the function. “relevant function” means— a function conferred or imposed on any person by or under an assembly measure or act of the assembly, or a function which is not so conferred or imposed but is exercisable by the welsh ministers, the first minister or the counsel general. an intervention by the secretary of state under this section in relation to a function is to be made by giving notice to the person or persons on whom it is conferred or imposed. the notice— must state the reason for the secretary of state's intervention, may make provision about the effect of any steps previously taken by the person or persons on whom the function is conferred or imposed, and may extend the time for the taking of any steps by the secretary of state or any other person (even if the time for taking them would otherwise have expired before the notice is given). where an intervention has been made under this section in a case, the secretary of state must, in addition to the notice under subsection (4), give notice to— any person who has previously been given notice of any steps taken, or proposed to be taken, in the case, the natural resources body for wales, if concerned in the case, the environment agency, if concerned in the case, and any water undertaker or sewerage undertaker concerned in the case. 153. power to vary retrospective decisions this section applies where any court or tribunal decides— that an assembly measure or act of the assembly, or any provision of an assembly measure or act of the assembly, is outside the assembly's legislative competence, that any provision of subordinate legislation made, or purporting to be made, under an assembly measure or act of the assembly is outside the powers under which it was, or purported to be, made, or that any provision of subordinate legislation made, or purporting to be made, by the welsh ministers, the first minister or the counsel general is outside the powers under which it was, or purported to be, made. the court or tribunal may make an order— removing or limiting any retrospective effect of the decision, or suspending the effect of the decision for any period and on any conditions to allow the defect to be corrected. in determining whether to make an order under this section, the court or tribunal must (among other things) have regard to the extent to which persons who are not parties to the proceedings would otherwise be adversely affected by the decision. where a court or tribunal is considering whether to make an order under this section, it must order notice (or intimation) of that fact to be given to the persons specified in subsection (5) (unless a party to the proceedings). the persons mentioned in subsection (4) are— in relation to proceedings in england and wales, the attorney general and the counsel general, in relation to proceedings in scotland, the advocate general for scotland, and in relation to proceedings in northern ireland, the advocate general for northern ireland. a person to whom notice (or intimation) is given in pursuance of subsection (4) may take part as a party in the proceedings, so far as they relate to the making of the order. in deciding any question as to costs or expenses, the court or tribunal may— take account of any additional expense which it considers that any party to the proceedings has incurred as a result of the participation of any person in pursuance of subsection (6), and award the whole or part of the additional expense as costs or expenses to the party who incurred it (whether or not it makes an order under this section and whatever the terms of any such order it does make). any power to make provision for regulating the procedure before any court or tribunal includes power to make provision for the purposes of this section including, in particular, provision for determining the manner in which and the time within which any notice (or intimation) is to be given. in subsection (1) “made” includes confirmed or approved. 154. interpretation of legislation this section applies to— any provision of an assembly measure, or proposed assembly measure, which could be read in such a way as to be outside the assembly's legislative competence, any provision of an act of the assembly, or a bill for such an act, which could be read in such a way as to be outside the assembly's legislative competence, and any provision of subordinate legislation made, or purporting to be made, under an assembly measure or act of the assembly which could be read in such a way as to be outside the powers under which it was, or purported to be, made. the provision is to be read as narrowly as is required for it to be within competence or within the powers, if such a reading is possible, and is to have effect accordingly. in subsection (1)(c) “made” includes confirmed or approved. 155. functions exercisable in relation to wales her majesty may by order in council specify functions which are to be treated for such purposes of this act as may be specified in the order in council— as being, or as not being, functions which are exercisable by the welsh ministers, the first minister or the counsel general, or as being, or as not being, functions which are exercisable in relation to wales or the welsh zone. a statutory instrument containing an order in council under this section is subject to annulment in pursuance of a resolution of either house of parliament. 156. english and welsh texts of legislation the english and welsh texts of— any assembly measure or act of the assembly which is in both english and welsh when it is enacted, or any subordinate legislation which is in both english and welsh when it is made, are to be treated for all purposes as being of equal standing. the welsh ministers may by order provide in respect of any welsh word or phrase that, when it appears in the welsh text of any assembly measure or act of the assembly, or any subordinate legislation made under an assembly measure or act of the assembly or by the welsh ministers, it is to be taken as having the same meaning as the english word or phrase specified in relation to it in the order. no order is to be made under subsection (2) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the assembly. an assembly measure or act of the assembly, or any subordinate legislation made under an assembly measure or act of the assembly or by the welsh ministers, is to be construed in accordance with any order under subsection (2); but this is subject to anything to the contrary contained in the assembly measure, act of the assembly or subordinate legislation. this section applies in relation to subordinate legislation made by the first minister or the counsel general as in relation to subordinate legislation made by the welsh ministers. subheading 3. supplementary 157. orders and directions any power of a minister of the crown or the welsh ministers under this act to make an order is exercisable by statutory instrument. any such power and any power under this act to make an order in council— may be exercised so as to make different provision for different cases or classes of case or different purposes, may be exercised so as to make provision which applies generally or subject to specified exemptions or exceptions or only in relation to specific cases or classes of case, and includes power to make supplementary, incidental, consequential, transitory, transitional or saving provision. any power conferred by this act to give a direction includes power to vary or revoke the direction. 158. interpretation in this act (except where the context otherwise requires)— “eu law” means— “the convention rights” has the same meaning as in the human rights act 1998 (c. 42), “cross-border body” means any body (including a government department) or undertaker exercising functions, or carrying on activities, in or with respect to wales (or any part of wales) and anywhere else, “enactment” includes an assembly measure, an act of the assembly and subordinate legislation (but see also subsection (2)), “english border area” means a part of england adjoining wales (but not the whole of england), “financial year” means the twelve months ending with 31st march, “function” means power or duty, “government department” means any department of the government of the united kingdom, “international obligations” means any international obligations of the united kingdom other than obligations to observe and implement eu law or the convention rights, “minister of the crown” includes the treasury, “modifications” includes amendments, repeals and revocations, “subordinate legislation” has the same meaning as in the interpretation act 1978 (c. 30) (including an instrument made under an assembly measure or act of the assembly), “tribunal” means any tribunal in which legal proceedings may be brought, “wales” includes the sea adjacent to wales out as far as the seaward boundary of the territorial sea, and "welsh zone” means the sea adjacent to wales which is— within british fishery limits (that is, the limits set by or under section 1 of the fishery limits act 1976), and specified in an order in council under section 58 or an order under subsection (3). in sections 95(3), 109(2) and 151(2) “enactment” includes an act of the scottish parliament and an instrument made under such an act. the secretary of state may by order determine, or make provision for determining, for the purposes of the definitions of “wales” and the “welsh zone”, any boundary between waters which are to be treated as parts of the sea adjacent to wales, or sea within british fishery limits adjacent to wales, and those which are not. an order in council under section 58 may include any provision that may be included in an order under subsection (3). no order is to be made under subsection (3) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each house of parliament. section 13 of the national audit act 1983 (c. 44) (interpretation of references to the committee of public accounts) applies for the purposes of this act as for those of that act. 159. index of defined expressions in this act the following expressions are defined or otherwise explained by the provisions indicated— the 2007 election: section 161(1) acts of the assembly: section 107(1) annual budget motion: section 125(1) the assembly: section 1(1) the assembly act provisions: section 103(8) the assembly commission: section 27(1) assembly constituency: section 2(1) assembly constituency member: section 1(2)(a) assembly electoral region: section 2(2) and (3) assembly measures: section 93(1) assembly member: section 1(3) assembly proceedings: section 1(5) assembly regional member: section 1(2)(b) assembly's legislative competence (in relation to acts of the assembly): section 108 assembly's legislative competence (in relation to assembly measures): section 94 the audit committee: section 30(1) the auditor general: section 145(1) budget resolution of the assembly: section 120(8) the clerk: section 26(1) the committee of public accounts: section 158(6) eu law: section 158(1) constituency vote: section 6(2) the convention rights: section 158(1) the counsel general: section 45(1)(c) cross-border body: section 158(1) the deputy presiding officer: section 25(1)(b) deputy welsh minister: section 50 electoral region figure: section 8(5) electoral region vote: section 6(3) enactment: section 158(1) and (2) english border area: section 158(1) financial year: section 158(1) the first minister: sections 46 and 47 function: section 158(1) government department: section 158(1) the initial period: section 161(5) international obligations: section 158(1) member of the staff of the assembly: paragraph 3(2) of schedule 2 member of the staff of the welsh assembly government: section 52 minister of the crown: section 158(1) modifications: section 158(1) political group: section 24(5) political group with an executive role: section 25(8) the presiding officer: section 25(1)(a) the principal accounting officer for the assembly commission: section 138(1) and (2) the principal accounting officer for the welsh ministers: section 129(6) and (7) regional returning officer: section 7(7) registered political party: section 6(6) relevant enactment (in sections 124 to 128): section 124(4) the relevant persons (in sections 124 to 128): section 124(3) the standing orders: section 31(1) subordinate legislation: section 158(1) supplementary budget motion: section 126(1) tribunal: section 158(1) use of resources: section 125(4) wales: section 158(1), (3) and (4) welsh assembly government: section 45(1) welsh consolidated fund: section 117 the welsh ministers: section 45(2) “welsh zone”: section 158(1), (3) and (4) 160. minor and consequential amendments for minor and consequential amendments see schedule 10. the secretary of state may by order make such modifications of— any enactment contained in an act passed before or in the same session as this act, or any enactment contained in an instrument made before the passing of this act or in the session in which this act is passed, as the secretary of state considers appropriate in consequence of this act. no order containing provision under subsection (2)(a) is to be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each house of parliament. a statutory instrument containing an order under subsection (2) is (unless a draft of the statutory instrument has been approved by a resolution of each house of parliament) subject to annulment in pursuance of a resolution of either house of parliament. 161. commencement subject as follows, this act comes into force immediately after the ordinary election under section 3 of the government of wales act 1998 (c. 38) held in 2007 (referred to in this act as “the 2007 election”). the following provisions come into force on the day on which this act is passed— paragraphs 5, 6 and 12 of schedule 2, sections 95 and 96 and schedule 5, section 109 and schedule 7, section 119 and the repeal by schedule 12 of section 81 of the government of wales act 1998, section 120(3) and (7), section 125 and the repeal by schedule 12 of section 86 of the government of wales act 1998, sections 157 to 159, section 160(2) to (4), the amendment made by paragraph 61 of schedule 10 in section 13 of the political parties, elections and referendums act 2000 (c. 41), this section, section 162 and schedule 11, the repeal by schedule 12 of section 12(1)(d) of the government of wales act 1998, and sections 164 to 166. the following provisions come into force on 1st april 2007— sections 117 and 118 and the repeal by schedule 12 of section 80 of the government of wales act 1998, section 120(1) and (2), (4) to (6) and (8) and the repeal by schedule 12 of section 84 of that act, sections 121 and 122 and the repeal by schedule 12 of section 82 of that act, section 124 and the repeal by schedule 12 of sections 85(1) and 89 of that act, section 126, sections 128 and 129, and the amendments in the local government, planning and land act 1980 (c. 65), the local government finance act 1988 (c. 41) and the housing act 1988 (c. 50) made by schedule 10. subject to subsections (2), (3) and (6), the following provisions come into force immediately after the end of the initial period— any provision of this act so far as relating to functions of the welsh ministers, the first minister, the counsel general or the assembly commission, any provision of this act so far as relating to the auditor general or the comptroller and auditor general, any other provision consisting of an amendment made in the government of wales act 1998 (c. 38) by schedule 10, and the repeal by schedule 12 of provisions falling to be repealed in consequence of any provision within paragraph (a), (b) or (c). in this act “the initial period” means the period— beginning with the day of the poll at the 2007 election, and ending with the day on which the first appointment is made under section 46. the repeals by schedule 12 of each of sections 83, 88, 93(8), 97 and 101a of the government of wales act 1998 (and of the other provisions of that act so far as relating to them) come into force when the section has been complied with for the financial year ending with 31st march 2007 (and earlier financial years); and sections 123, 131, 132 and 141 do not apply for that financial year. the assembly act provisions come into force in accordance with section 105. 162. transitional etc. provision for transitional and transitory provisions and savings see schedule 11. the secretary of state may by order make any other transitional, transitory or saving provision which may appear appropriate in consequence of, or otherwise in connection with, this act. an order under subsection (2) may, in particular, include any savings from the effect of any amendment or repeal or revocation made by this act. nothing in schedule 11 limits the power conferred by subsection (2); and such an order may, in particular, make modifications of that schedule. nothing in that schedule, or in any provision made by virtue of subsection (2), prejudices the operation of sections 16 and 17 of the interpretation act 1978 (c. 30). no order under subsection (2) which contains provisions in the form of amendments or repeals of any provision contained in any of paragraphs 30 to 35, 50 and 51 of schedule 11 is to be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each house of parliament. a statutory instrument containing an order under subsection (2) is (unless a draft of the statutory instrument has been approved by a resolution of each house of parliament) subject to annulment in pursuance of a resolution of either house of parliament. 163. repeals and revocations for repeals and revocations of enactments (including some spent enactments) see schedule 12. 164. financial provision there is to be paid out of money provided by parliament— any expenditure incurred by a minister of the crown or government department by virtue of this act, and any increase attributable to this act in the sums payable under any other act out of money provided by parliament. there are to be paid into the consolidated fund any sums received by a minister of the crown by virtue of this act (other than any required to be paid into the national loans fund). 165. extent the following provisions— section 36(7) to (9), section 39, and section 40(2) and (3), extend only to england and wales. the amendments, and repeals and revocations, made by this act have the same extent as the enactments amended or repealed or revoked. 166. short title this act may be cited as the government of wales act 2006. schedules schedules 1-4. [schedules 1-4 omitted due to length full text of schedules can be found online at http://www.legislation.gov.uk/ukpga/2006/32/schedules] schedule 5. assembly measures part 1. matters field 1. agriculture, fisheries, forestry and rural development matter 1.1 the red meat industry, in relation to– increasing efficiency or productivity in the industry; improving marketing in the industry; improving or developing services that the industry provides or could provide to the community; improving the ways in which the industry contributes to sustainable development. interpretation of this field in this field “the red meat industry” means all of the activities comprised in– breeding, keeping, processing, marketing and distributing cattle, sheep and pigs (alive or dead), and producing, processing, marketing, manufacturing and distributing products derived to any substantial extent from those animals (apart from milk and milk products, fleece wool and hides). for the purposes of this definition–“cattle” means bovine animals, including bison and buffalo;“pigs” means porcine animals, including wild boar and other feral pigs. field 2. ancient monuments and historic buildings matter 2.1 the functions of local authorities in the support, improvement and promotion of the appreciation by the public of archaeological remains, ancient monuments, buildings and places of historical or architectural interest, and historic wrecks. in this matter “local authorities” means the councils of counties and county boroughs in wales. field 3. culture matter 3.1 the functions of local authorities in the support, improvement and promotion of arts and crafts, museums and galleries, libraries, archives and historical records, and cultural activities and projects. this matter does not include licensing of sale and supply of alcohol, provision of entertainment and late night refreshment. in this matter “local authorities” means the councils of counties and county boroughs in wales. field 4. economic development field 5. education and training matter 5.1 provision about the categories of school that may be maintained by local authorities. matter 5.2 provision about the establishment and discontinuance of schools maintained by local authorities, their change from one category to another and their alteration in other respects. matter 5.2a conduct and governance of schools maintained by local authorities, including the allocation of functions, property, rights and liabilities relating to such schools. matter 5.2b securing collaboration between persons or bodies with functions relating to schools maintained by local authorities. matter 5.2c the following activities by persons or bodies with functions relating to schools maintained by local authorities— establishment of bodies to do all or any of the following— carry out activities relating to education or training, exercise education functions on behalf of local authorities; involvement with bodies mentioned in paragraph (a). matter 5.3 provision about the admission of pupils to schools maintained by local authorities. matter 5.4a the regulation of— schools that are not maintained by local authorities; relevant independent educational institutions. matter 5.5 provision about school attendance, the behaviour of pupils at school, school discipline and the exclusion of pupils from school (including the duties of parents in connection with those matters). matter 5.6 provision about the making of arrangements for the provision of education for persons of compulsory school age who have been excluded from schools or who for any other reason would not otherwise receive suitable education. matter 5.7 provision about entitlement to primary, secondary and further education and to training. matter 5.8 provision about the provision of services that are intended to encourage, enable or assist people— to participate effectively in education or training, to take advantage of opportunities for employment, or to participate effectively in the life of their communities. matter 5.9 provision about food and drink provided on school premises or provided for children at a place where they receive education or childcare. matter 5.10 arrangements for persons to travel to and from the places where they receive education or training. this matter applies to— persons receiving nursery, primary, secondary or further education or training; persons described in matter 5.17 receiving higher education. [omitted] matter 5.11 provision for and in connection with securing the provision of facilities for post-16 education or training. matter 5.12 provision for and in connection with the establishment and dissolution of— including the circumstances in which an educational institution becomes or ceases to be an institution concerned with the provision of further education. provision about— the conduct and functions of such institutions and bodies that conduct such institutions; the property, rights and liabilities of such institutions and bodies that conduct such institutions; property held by any person for the purposes of such an institution; the governance and staff of such institutions. matter 5.13 provision for and in connection with securing collaboration— between bodies that conduct institutions concerned with the provision of further education, or between one or more such bodies and other persons or bodies that have functions relating to education or training in wales, including, in particular, provision for and in connection with the establishment of bodies for the purpose of discharging functions on behalf of one or more persons or bodies that are party to arrangements for collaboration. matter 5.14 the provision of financial resources for and in connection with— education or training provided by institutions concerned with the provision of further education; post-16 education or training provided otherwise than by such institutions; the carrying out of research relating to education or training falling within paragraph (a) or (b). matter 5.15 the inspection of— schools; relevant independent educational institutions; education or training provided by institutions concerned with the provision of further education; pre-16 education or training, or post-16 education or training, provided otherwise than by institutions within paragraphs (za) to (a); the training of teachers and specialist teaching assistants for schools; services of the kinds mentioned in matter 5.8. matter 5.16 the provision of advice and information in connection with, and the carrying out of studies in relation to pre-16 education or training; post-16 education or training; the training of teachers and specialist teaching assistants for schools; services of the kinds mentioned in matter 5.8. matter 5.17 [omitted] matter 5.18 the provision of any of the following for children or young persons— facilities for social or physical training; educational activities. in this matter “children” and “young persons” have the same meaning as in field 15. interpretation of this field expressions used in this field and in the education act 1996 have the same meaning in this field as in that act. in this field— “nursery education” means education suitable for children who have not attained compulsory school age; “post-16 education” means— education (other than higher education) suitable to the requirements of persons who are above compulsory school age, and organised leisure-time occupation connected with such education; “post-16 training” means— training suitable to the requirements of persons who are above compulsory school age, and organised leisure-time occupation connected with such training. “pre-16 education or training” means education or training suitable to the requirements of persons who are of or below compulsory school age; “relevant independent educational institution” means an institution other than a school which— provides part-time education for one or more persons of compulsory school age (“part-time students”) whether or not it also provides full-time education for any person, and would be an independent school but for the fact that the education provided for the part-time student or students is part-time rather than full-time. for the purposes of the above definition of “relevant independent educational institution”, an institution provides “part-time” education for a person if— it provides education for the person, and the education does not amount to full-time education. references in this field to an institution concerned with the provision of further education are references to an educational institution, other than a school or an institution within the higher education sector (within the meaning of the further and higher education act 1992), that is conducted (whether or not exclusively) for the purpose of providing further education. field 6. environment matter 6.1 preventing, reducing, collecting, managing, treating or disposing of waste. this matter does not include— regulation of any activity in the sea; regulation of the provision of postal services by a person who holds, or is required to hold, a licence from the postal services commission authorising the person to convey letters from one place to another (whether or not the licence relates to the services). see below for further provision about what this matter does not include. matter 6.2 disposal of waste in the sea where the waste has been collected, managed or treated on land. this matter does not include regulation of the following activities— depositing any substance or object in the sea or on or under the seabed from any vehicle, vessel, aircraft, marine structure or floating container; depositing any explosive substance or article in the sea or on or under the seabed; incinerating any substance or object on any vehicle, vessel, marine structure or floating container. see below for further provision about what this matter does not include. matter 6.3 protecting or improving the environment in relation to pollution. this matter does not include— regulating the composition and content of fuel used in— a means of transport, non-road mobile machinery, or an agricultural or forestry tractor; obligations upon persons who supply transport fuel at or for delivery to places in the united kingdom to produce evidence showing the supply of renewable transport fuel; making provision regarding the proportion of renewable energy consumed in transport, including the imposition of requirements relating to sustainability that determine whether any particular renewable energy is to be counted towards any renewable energy obligation or target; provision of financial support in connection with— the production of renewable energy for consumption in transport, or the use of that energy in transport, including the imposition of requirements relating to sustainability that determine whether any particular renewable energy qualifies for financial support. regulation of oil and gas exploration and exploitation in those parts of the territorial sea that are not relevant territorial waters. see below for further provision about what this matter does not include. matter 6.4 protecting or improving the environment in relation to nuisances. this matter does not include— imposition of criminal or civil liability in respect of energy nuisances that consist of acts, omissions and states of affairs for which there is statutory authority, except criminal or civil liability which the welsh ministers have power to impose; removal of relevant defences to, or relevant exclusions from, rules of law which impose civil or criminal liability in respect of energy nuisances, except those defences and exceptions which the welsh ministers have power to remove; regulation of the emission of smoke, artificial light or noise from military premises; regulation of gas activities, oil activities, and infrastructure that is necessary for carrying out any such activities; regulation of oil and gas exploration and exploitation in the sea; regulation of electronic communications and electronic communications networks. see below for further provision about what this matter does not include. exclusions 1. not included in matters 6.1, 6.2, 6.3 and 6.4 matters 6.1, 6.2, 6.3 and 6.4 do not include any of the following— regulation concerning the control of major accident hazards involving dangerous substances (this exception is to be interpreted in accordance with council directive 96/82/ec f70 and it relates only to activity within the scope of that directive); regulation of the decommissioning of offshore energy installations and related infrastructure. exclusions 2. not included in matters 6.1 and 6.2 matters 6.1 and 6.2 do not include any of the following— regulation of decommissioned explosives that are outside the scope of the waste directive by virtue of article 2(1)(e) of the waste directive and are or have been— held on behalf of the crown for naval, military or air force purposes or for the purposes of the department of the secretary of state having responsibility for defence, or held by or for the purposes of visiting forces; regulation of radioactive material that is at military premises; regulation of the capture, conveyance or disposal of carbon dioxide as part of relevant carbon capture and storage. exclusions 3. not included in matters 6.3 and 6.4 matters 6.3 and 6.4 do not include any of the following— regulation of the contained use of genetically modified organisms; regulation of the following activities in the sea— depositing any substance or object in the sea or on or under the seabed from any vehicle, vessel, aircraft, marine structure or floating container, or any structure on land constructed or adapted wholly or mainly for the purpose of depositing solids in the sea; scuttling any vessel or floating container; constructing, altering or improving works in or over the sea or on or under the seabed; using any vehicle, vessel, aircraft, marine structure or floating container to remove any substance or object from the seabed; dredging; depositing or using any explosive substance or article in the sea or on or under the seabed; incinerating any substance or object on any vehicle, vessel, marine structure or floating container; marine licensing under part 4 of the marine and coastal access act 2009. definitions 1. meaning of “pollution" in this field “pollution” means pollution of the air, water or land which may give rise to any environmental harm, including (but not limited to) pollution caused by light, noise, heat or vibrations or any other kind of release of energy. for the purposes of this definition “air” includes (but is not limited to) air within buildings and air within other natural or man-made structures above or below ground. meaning of “nuisance” in this field “nuisance” means an act or omission affecting any place, or a state of affairs in any place, which may impair, or interfere with, the amenity of the environment or any legitimate use of the environment, apart from an act, omission or state of affairs that constitutes pollution. meaning of “relevant defence” and “relevant exclusion” in matter 6.4, in relation to a rule of law which imposes civil or criminal liability in respect of an energy nuisance (“the unlawful nuisance”)—“relevant defence” means statutory removal (however expressed, and whether conditional or not) of the civil or criminal liability in respect of an act, omission or state of affairs that is within the scope of the unlawful nuisance;“relevant exclusion” means statutory exclusion (however expressed, and whether conditional or not) of an act, omission or state of affairs from the scope of the unlawful nuisance. in those definitions, a reference to the scope of the unlawful nuisance is a reference to the class of acts, omissions and states of affairs that constitutes the unlawful nuisance. definitions 2 other interpretation of this field in this field— “electricity activity” means any of the following— and for this purpose, the reference to consent of the secretary of state is a reference to consent under powers to regulate generation of electricity;“electronic communication” means a communication transmitted— by means of an electronic communications network, or by other means but while in an electronic form; “electronic communications network” means— a transmission system for the conveyance, by the use of electrical, magnetic or electro-magnetic energy, of signals of any description, and such of the following as are used, by the person providing the system and in association with it, for the conveyance of the signals— apparatus comprised in the system, apparatus used for the switching or routing of the signals, and software and stored data; “energy nuisance” means a nuisance that relates to electricity activities, gas activities, oil activities, or infrastructure that is necessary for carrying out any such activities;“environmental harm” means any of the following— harm to the health of humans and other living organisms; harm to the quality of the environment, including— harm to the quality of the environment taken as a whole, harm to the quality of the air, water or land, and other impairment of, or interference with, the ecological systems of which any living organisms form part; offence to the senses of human beings; damage to property; impairment of, or interference with, the amenity of the environment or any legitimate use of the environment; “gas activity” means storing, conveying or supplying gas, except any such activity that is carried out by an individual for the domestic purposes of the individual;“marine structure” means a platform or other artificial structure at sea, other than a pipeline;“military premises” means premises which are— occupied on behalf of the crown for naval, military or air force purposes or for the purposes of the department of the secretary of state having responsibility for defence, or occupied by or for the purposes of visiting forces; “offshore energy installation” means any of the following installations that are maintained in the sea or on the foreshore or other land intermittently covered with water, and that are not connected with dry land by a permanent structure providing access at all times and for all purposes— installations used for oil activities, gas activities or for the exploration or exploitation of gas or oil; carbon dioxide storage installations; renewable energy installations; “oil activity” means storing, conveying or supplying oil, except any such activity that is carried out by an individual for the domestic purposes of the individual;“relevant carbon capture and storage” means the capture and underground disposal of carbon dioxide by a method in which the carbon dioxide is captured at the place of its production and conveyed for disposal by pipeline directly from the place of production to a place of underground disposal;“relevant territorial waters” means the waters which extend seaward for three miles from the baselines from which the breadth of the territorial sea adjacent to wales is measured; but any order made under section 104(4)(a) of the water resources act 1991 for the purposes of part 3 of that act in relation to an area of the territorial sea adjacent to wales also applies for the purposes of determining what are relevant territorial waters for the purposes of this field;“sea” means (except where the context otherwise requires) the sea adjacent to wales out as far as the seaward boundary of the territorial sea;“statutory” means arising by virtue of an act;“visiting force” means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the visiting forces act 1952; “waste directive” means directive 2008/98/ec of the european parliament and of the council on waste an order or an order in council made under or by virtue of section 158(3) or (4) for the purposes of that section also applies for the purpose of determining any boundary between the parts of the sea which are to be treated as adjacent to wales for the purposes of this field and those which are not. field 7. fire and rescue services and promotion of fire safety field 8. food field 9. health and health services matter 9.1 provision for and in connection with the provision of redress without recourse to civil proceedings in circumstances in which, under the law of england and wales, qualifying liability in tort arises in connection with the provision of services (in wales or elsewhere) as part of the health service in wales. matter 9.2 assessment of mental health and treatment of mental disorder. this matter does not include any of the following— subjecting patients to— compulsory attendance at any place for the purposes of assessment or treatment, compulsory supervision, or guardianship; consent to assessment or treatment; restraint; detention. for the purposes of this matter, “treatment of mental disorder” means treatment to alleviate, or prevent a worsening of, a mental disorder or one or more of its symptoms or manifestations; and it includes (but is not limited to) nursing, psychological intervention, habilitation, rehabilitation and care. interpretation of this field in this field— “the health service in wales” means the health service continued under section 1(1) of the national health service (wales) act 2006; “illness” has the same meaning as in that act; “mental disorder” means any disorder or disability of the mind, apart from dependence on alcohol or drugs; “patient” has the same meaning as in that act; “personal injury” includes any disease and any impairment of a person's physical or mental health; “qualifying liability in tort” means liability in tort owed in respect of or consequent upon personal injury or loss arising out of or in connection with breach of a duty of care owed to any person in connection with the diagnosis of illness or the care or treatment of any patient. field 10. highways and transport matter 10.1 provision for and in connection with— the making, operation and enforcement of schemes for imposing charges in respect of the use or keeping of motor vehicles on welsh trunk roads; the application of the proceeds of charges imposed under such schemes towards purposes relating to transport. matter 10.2 concessionary travel on the following services— bus services; welsh services provided under a franchise agreement to which the welsh ministers are a party. any expression which is used in paragraph (b) and the railways act 2005 has the meaning given in that act. interpretation of this field in this field— “motor vehicle” has the meaning given in section 185(1) of the road traffic act 1988, except that section 189 of that act (exception for certain pedestrian controlled vehicles and electrically assisted pedal cycles) applies as it applies for the purposes of the road traffic acts; “road” has the same meaning as in the road traffic regulation act 1984; “welsh trunk road” means a road for which the welsh ministers are the traffic authority (within the meaning of section 121a of the road traffic regulation act 1984). field 11. housing matter 11.1 the provision of automatic fire suppression systems in new residential premises. in this matter “new residential premises” means— premises newly constructed for residential use; premises newly converted to residential use; premises converted to use as one or more new residences by subdivision of one or more existing residences; and premises converted to use as one or more new residences by amalgamation of one or more existing residences. matter 11.2 social housing providers. matter 11.3 relevant social housing bodies. matter 11.4 tenure of rented social housing and other arrangements under which social housing is provided. matter 11.5 disposals of— social housing, land held or used for the purposes of, or in connection with, social housing, and land to which a provision of any of the following enactments applies— part 2 of the housing act 1985; part 5 of the housing act 1985; chapter 2 of part 1 of the housing act 1996; chapter 4 of part 1 of the housing act 1996; chapter 4 of part 2 of the housing and regeneration act 2008 (insofar as the disposal does not fall within paragraph (a) or (b) of this matter). matter 11.6 provision of advice and non-financial assistance to individuals in respect of their obtaining, and living in, housing. this matter includes, in particular, advice and non-financial assistance in respect of skills that are relevant to the ability to live independently, or more independently, in housing. matter 11.7 provision by local authorities of caravan sites for use by gypsies and travellers. matter 11.8 homelessness. interpretation of this field in this field— “caravan site” means— “local authority” means a county council or a county borough council in wales; “relevant social housing body” means a person (if, or insofar as, it is not a social housing provider) which has functions relating to— social housing providers, or social housing; but such a person is a relevant social housing body only insofar as the person has functions relating to social housing providers or social housing; “social housing” means any housing provided by a social housing provider; “social housing provider” means— a local authority, and a person (other than a local authority) which— provides housing to, or has functions relating to allocation of housing to, people whose needs are not adequately served by the commercial housing market; but a local authority or such other person is a social housing provider only insofar as it provides, or has functions relating to allocation of, housing. field 12. local government matter 12.1 provision for and in connection with— the constitution of new principal areas and the abolition or alteration of existing principal areas, and the establishment of councils for new principal areas and the abolition of existing principal councils. matter 12.2 provision for and in connection with— the procedure for the making and coming into force of byelaws, and the enforcement of byelaws. “byelaws” means those of a class which may be confirmed by the welsh ministers (but the provision which may be made includes provision to remove a requirement of confirmation). matter 12.3 any of the following— the principles which are to govern the conduct of members of relevant authorities, codes of conduct for such members, the conferral on any person of functions relating to the promotion or maintenance of high standards of conduct of such members (including the establishment of bodies to have such functions), the making or handling of allegations that members (or former members) of relevant authorities have breached standards of conduct, including in particular— the investigation and adjudication of such allegations and reports on the outcome of investigations, the action that may be taken where breaches are found to have occurred, codes of conduct for employees of relevant authorities. for the purposes of this matter— “relevant authority” has the same meaning as in part 3 of the local government act 2000, except that other than in paragraph (d) it does not include a police authority, “member” includes a co-opted member within the meaning of that part. matter 12.4 provision for and in connection with strategies of county councils and county borough councils for promoting or improving the economic, social or environmental well-being of their areas or contributing to the achievement of sustainable development in the united kingdom, including provision imposing requirements in connection with such strategies on other persons with functions of a public nature. matter 12.5 provision for and in connection with— the making of arrangements by relevant welsh authorities to secure improvement in the way in which their functions are exercised, the making of arrangements by relevant welsh authorities for the involvement in the exercise of their functions of people who are likely to be affected by, or interested in, the exercise of the functions, and the assessment and inspection of the performance of relevant welsh authorities in exercising their functions. the following are “relevant welsh authorities”— a county council, county borough council or community council in wales, a national park authority for a national park in wales, a fire and rescue authority in wales constituted by a scheme under section 2 of the fire and rescue services act 2004 or a scheme to which section 4 of that act applies, a levying body within the meaning of section 74(1) of the local government finance act 1988 in respect of which the county council or charging authority referred to in section 74(1)(b) of that act was a council or authority for an area in wales, a body to which section 75 of that act applies (special levies) and which as regards the financial year beginning in 1989 had power to levy a rate by reference to property in wales. matter 12.6 this matter does not include— direct elections to executives of principal councils, or the creation of a form of executive requiring direct elections. for the purposes of this matter— “executive arrangements” has the same meaning as in part 2 of the local government act 2000; [repealed] “direct elections” means elections by local government electors (within the meaning of section 270(1) of the local government act 1972). arrangements by principal councils with respect to the discharge of their functions, including executive arrangements. matter 12.7 committees of principal councils with functions of— review or scrutiny, or making reports or recommendations. this matter does not include committees under section 19 of the police and justice act 2006 (crime and disorder committees). matter 12.8 areas of communities and constitution, structure, and procedures of local government institutions for communities. matter 12.9 electoral arrangements for elected local government institutions for communities. in this matter “electoral arrangements” does not include— the local government franchise; electoral registration and administration; the voting system for the return of members in an election. matter 12.10 conferral on local government institutions for communities of powers— to which this matter applies, that are exercisable in relation to their areas, and that are powers exercisable by principal councils in relation to principal areas. this matter applies to powers to do anything which the holder of the power considers likely to promote or improve the economic, social or environmental well-being of an area. matter 12.11 grants from the welsh ministers to fund local government for communities. matter 12.12 relations between different communities (and their local government institutions), or between communities (and their local government institutions) and principal councils. matter 12.13 schemes for the accreditation of quality in local government for communities. matter 12.14 public participation in local government for communities (apart from elections). matter 12.15 the provision of information relating to local government to the public. for the purposes of this matter “local government” means— local government for communities; local government for counties and county boroughs. matter 12.16 salaries, allowances, pensions and other payments for members of the following— local government institutions for communities; county councils and county borough councils; national park authorities; fire and rescue authorities constituted by schemes under section 2 of the fire and rescue services act 2004 or schemes to which section 4 of that act apply. matter 12.17 promoting and supporting membership of the following— local government institutions for communities; county councils and county borough councils. matter 12.18 council tax payable in respect of dwellings that are not the main residence of an individual. interpretation of this field in this field—“communities” means separate areas for the administration of local government, each of which is wholly within a principal area (but does not constitute the whole of a principal area);“principal area” means a county borough or a county;“principal council” means a council for a principal area. field 13. national assembly for wales matter 13.1 creation of, and conferral of functions on, an office or body for and in connection with investigating complaints about the conduct of assembly members and reporting on the outcome of such investigations to the assembly. matter 13.2 conferral of functions on the assembly commission for and in connection with facilitating the exercise by the assembly of its functions (including the provision to the assembly of the property, staff and services required for the assembly's purposes). matter 13.3 provision for and in connection with the payment of salaries, allowances, pensions and gratuities to or in respect of assembly members, the first minister, any welsh minister appointed under section 48, the counsel general and any deputy welsh minister. matter 13.4 provision for and in connection with the creation and maintenance of a register of interests of assembly members and the counsel general. matter 13.5 provision about the meaning of welsh words and phrases in— assembly measures, subordinate legislation made under assembly measures, and subordinate legislation not so made but made by the welsh ministers, the first minister or the counsel general. matter 13.6 provision for and in connection with the procedures for dealing with proposed private assembly measures, including, in particular— procedures for hearing the promoters of, and objectors, to proposed private assembly measures, the persons who may represent such promoters and objectors, and the qualifications that such persons must possess, the imposition of fees for and in connection with the promotion of proposed private assembly measures, and the assessment of costs incurred in connection with proposed private assembly measures. field 14. public administration matter 14.1 the following provision relating to the auditor general— the following aspects of the auditor general's terms of appointment— the period of the appointment; salary, allowances and superannuation benefits; pensions and gratuities payable after a person has ceased to be auditor general; the number of times a person may be appointed as auditor general; restrictions on the other offices and positions which may be held by the auditor general; activities of a person who has been (but no longer is) auditor general; provision requiring the auditor general— to aim to do things efficiently and cost-effectively; to have regard, as the auditor general considers appropriate, to the standards and principles that an expert professional provider of accounting or auditing services would be expected to follow; the authorisation of persons to exercise functions of the auditor general on the auditor general's behalf (including during a vacancy in the office); the oversight or supervision of the auditor general or of the exercise of the auditor general's functions; the provision or use of resources for the purposes of the auditor general's functions including (in particular)— the employment and use of staff; the procurement and use of services; the holding of documents or information; the keeping of records; the charging of fees or other amounts in relation to functions of— the auditor general, or auditors appointed by the auditor general under an enactment; the restatement of any law relating to the auditor general. field 15. social welfare matter 15.1 charges levied by local authorities for social care services provided or secured by them and payments in respect of individuals with needs relating to their well-being so that they, or persons looking after them, may secure social care services to meet those needs. this matter does not include charges and payments for residential care. matter 15.2 functions of public authorities relating to— safeguarding children from harm and neglect; safeguarding and promoting the well-being of vulnerable children; reducing inequalities in well-being between children or young persons. this matter applies to the functions of public authorities whose pricipal functions relate to any one or more of the fields in this part. matter 15.3 adoption services and special guardianship support services. matter 15.4 fostering. matter 15.5 social care services for any of the following— children; persons who care for, or who are about to care for, children; young persons; persons formerly looked after— who have attained the age of 25, and who, immediately before attaining that age, have been pursuing, or intending to pursue, education or training. matter 15.6 co-operation and arrangements to safeguard and promote the well-being of children or young persons. this matter applies to co-operation by, and arrangements made by, — public authorities whose principal functions relate to any one or more of the fields in this part; police authorities and chief officers of police for police areas in wales; the british transport police authority; local probation boards for areas in wales; the secretary of state, in relation to the secretary of state''s functions under sections 2 and 3 of the offender management act 2007, or any provider of probation services under arrangements made under section 3(2) of that act; youth offending teams for areas in wales; the governors of prisons, young offender institutions or secure training centres in wales (or, in the case of contracted out prisons, young offender institutions or secure training centres or contracted out parts of such institutions, their directors); persons other than public authorities who are engaged in activities relating to the well-being of children or young persons. matter 15.7 planning by local authorities for the discharge of their functions relating to the well-being of children or young persons. matter 15.8 continuing, dissolving or creating an office or body concerned with safeguarding and promoting the well-being of children or young persons; the functions of such an office or body, including in particular— reviewing the effect on children or young persons of the exercise by any person of functions related to their well-being; reviewing and monitoring— advocacy services; arrangements for dealing with complaints and representations made by, or on behalf of, children or young persons in respect of persons with functions related to their well-being or persons providing them with social care services; examining cases of particular children or young persons; considering, and making representations about, any matter affecting the well-being of children or young persons. matter 15.9 supporting the provision of care by carers and promoting the well-being of carers. this matter includes (but is not limited to) social care services to help carers. in this matter “carers” means individuals who provide or intend to provide a substantial amount of care on a regular basis for— a child with a physical or mental impairment, or an individual aged 18 or over, but it does not include individuals who provide or intend to provide care— by virtue of a contract of employment or other contract with any person, or as a volunteer for a body (whether or not incorporated) matter 15.10 social care services connected to mental health. this matter does not include the independent mental capacity advocacy services established by part 1 of the mental capacity act 2005. interpretation of this field in this field— “advocacy services” means services providing assistance (by way of representation or otherwise) in connection with the well-being of any person; “children” means persons who have not attained the age of 18; “development” means physical, intellectual, emotional, social or behavioural development; “health” means physical or mental health; “local authorities” means the councils of counties or county boroughs in wales; “persons formerly looked after” means persons who, at any time before attaining the age of 18— have been in the care of a public authority, or have been provided with accommodation by a public authority in order to secure their well-being; “public authorities” means each public authority within the meaning of section 6 of the human rights act 1998, apart from courts or tribunals; “social care services” means any of the following provided in connection with the well-being of any person: residential or non-residential care services; information, advice, counselling or advocacy services; financial or any other assistance; “vulnerable children” means children— who are unlikely to achieve or maintain, or have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for them of social care services, whose health or development is likely to be significantly impaired, or further impaired, without the provision for them of social care services, who have a physical or mental impairment, who are in the care of a public authority, or who are provided with accommodation by a public authority in order to secure their well-being; “well-being”, in relation to individuals, means well-being so far as relating to any of the following— health and emotional well-being; protection from harm and neglect; education, training and recreation; the contribution made by them to society; social and economic well-being; securing their rights; “young persons” means persons who have attained the age of 18 but not the age of 25. field 16. sport and recreation matter 16.1 the provision of recreational facilities and activities for children or young persons. in this matter “children” and “young persons” have the same meaning as in field 15. matter 16.2 the establishment and maintenance of a route (or a number of routes) for the coast to enable the public to make recreational journeys. this matter does not include— enabling the public to make journeys by mechanically propelled vehicles (except permitted journeys by qualifying invalid carriages); the creation of new highways (whether under the highways act 1980 or otherwise). matter 16.3 securing public access to relevant land for the purposes of open-air recreation. land is relevant land if it— is at the coast, can be used for the purposes of open-air recreation in association with land within paragraph (a), or can be used for the purposes of open-air recreation in association with a route within matter 16.2. in this matter the reference to land at the coast is not limited to coastal land within the meaning of section 3 of the countryside and rights of way act 2000. matter 16.4 the functions of local authorities in the support, improvement and promotion of sport and recreational activities. this matter does not include licensing of sale and supply of alcohol, provision of entertainment and late night refreshment. interpretation of this field in this field— “coast” means the coast of wales adjacent to the sea, including the coast of any island (in the sea) comprised in wales; “estuarial waters” means any waters within the limits of transitional waters within the meaning of the water framework directive (that is to say, directive 2000/60/ec of the european parliament and of the council of 23 october 2000 establishing a framework for community action in the field of water policy); “highway” has the same meaning as in the highways act 1980; “local authorities” means the councils of counties and county boroughs in wales; “public foot crossing”, in relation to a river, means a bridge over which, or tunnel through which, there is a public right of way, or a public right of access, by virtue of which the public are able to cross the river on foot; “qualifying invalid carriage” means an invalid carriage within the meaning of section 20 of the chronically sick and disabled persons act 1970 (use of invalid carriages on highways) which complies with the prescribed requirements within the meaning of that section; “relevant upstream waters”, in relation to a river, means the waters from the seaward limit of the estuarial waters of the river upstream to the first public foot crossing; “sea” includes the relevant upstream waters of a river; and a journey by a qualifying invalid carriage is a permitted journey if the carriage is being used in accordance with the prescribed conditions within the meaning of section 20 of the chronically sick and disabled persons act 1970. field 17. tourism field 18. town and country planning matter 18.1 provision for and in connection with— plans of the welsh ministers in relation to the development and use of land in wales, and removing requirements for any such plans. this does not include provision about the status to be given to any such plans in connection with the decision on an application for an order granting development consent under the planning act 2008. matter 18.2 provision for and in connection with the review by local planning authorities of matters which may be expected to affect— the development of the authorities' areas, or the planning of the development of the authorities' areas. matter 18.3 provision for and in connection with— plans of local planning authorities in relation to the development and use of land in their areas, and removing requirements for any such plans. this does not include provision about the status to be given to any such plans in connection with the decision on an application for an order granting development consent under the planning act 2008. interpretation of this field in this field— “local planning authority” in relation to an area means— “wales” has the meaning given by schedule 1 to the interpretation act 1978. field 19. water and flood defence field 20. welsh language matter 20.1 promoting or facilitating the use of the welsh language; and the treatment of the welsh and english languages on the basis of equality. this matter does not include the use of the welsh language in courts. this matter does not include imposing duties on persons other than the following— public authorities; persons providing services to the public under an agreement, or in accordance with arrangements, made with a public authority; persons providing services to the public established by an enactment; persons established by prerogative instrument— to advance learning and knowledge by teaching or research or by developing or awarding qualifications; to collect, preserve or provide access to recorded knowledge or to objects and things which further understanding; to support, improve, promote or provide access to heritage, culture, sport or recreational activities; engaged in promoting a wider knowledge and representing the interests of wales to other countries; engaged in central banking; persons upon whom functions of providing services to the public are conferred or imposed by an enactment; persons providing services to the public who receive public money amounting to £400,000 or more in a financial year; persons overseeing the regulation of a profession, industry or other similar sphere of activity; providers of social housing; persons providing the public with the following kinds of services or with other services which relate to any of those services— gas, water or electricity services (including supply or distribution); sewerage services (including disposal of sewage); postal services and post offices; telecommunications services; education, training (where the provider receives public money for its provision), or career guidance, and services to encourage, enable or assist participation in education, training or career guidance; bus and railway services; services to develop or award educational or vocational qualifications; persons opting or agreeing to be subject to the imposition of the duties. with regard to imposing duties in relation to paragraph (b), this matter only includes duties in respect of services to the public provided under an agreement, or in accordance with arrangements, made with a public authority. a person who receives public money amounting to £400,000 or more in a financial year does not fall within paragraph (f) unless— that person also received public money in a previous financial year, or a decision has been made that that person will receive public money in a subsequent financial year. with regard to imposing duties in relation to paragraph (i)— this matter only includes duties in respect of the services and the other related services mentioned, and in respect of the related services, this matter does not include the provision of related services in a shop, other than post office counter services and the sale of tickets or provision of timetables for bus and railway services. this matter does not include imposing duties about broadcasting. this matter does not include imposing duties on a person (other than on a welsh language authority) unless there is a means for that person to challenge those duties, as they apply to that person, on grounds of reasonableness and proportionality. matter 20.2 provision about or in connection with the freedom of persons wishing to use the welsh language to do so with one another (including any limitations upon it). interpretation of this field in this field— “broadcasting” means the commissioning, production, scheduling, transmission or distribution of programmes (including advertisements, subtitles, continuity announcements and teletext), access services, interactivity, online content and other output of a similar nature for television, radio, the internet or other online or wireless platforms;“bus service” means a scheduled service, by public service vehicle (within the meaning of section 1 of the public passenger vehicles act 1981), for the carriage of passengers at separate fares, other than a service— “enactment” includes any future enactment;“shop” means any premises where the sale of goods is the principal trade or business carried on;“postal services” means the service of conveying letters, parcels, packets or other articles from one place to another by post and the incidental services of receiving, collecting, sorting and delivering such articles;“public authority” means each public authority within the meaning of section 6 of the human rights act 1998;“public money” means— moneys made available directly or indirectly by— the national assembly for wales; the welsh ministers; parliament; ministers of the crown; or an institution of the european union; moneys provided by virtue of any enactment; “telecommunications service” means any service that consists of providing access to, or facilities for making use of, any system which exists (whether wholly or partly in the united kingdom or elsewhere) for the purpose of facilitating the transmission of communications by any means involving the use of electrical, magnetic or electro-magnetic energy (including the apparatus comprised in the system), but does not include broadcasting, radio, or television;“welsh language authority” means a person upon whom an enactment confers or imposes functions of— imposing or enforcing on other persons duties relating to the welsh language, determining the duties relating to the welsh language that are imposed on other persons, or deciding challenges to the duties relating to the welsh language that are imposed on other persons. part 2. exceptions to matters and general restrictions title 1. exceptions to matters these are the exceptions mentioned in section 94(4)(a) and (7)— field 3 of part 1. culture public lending right. classification of films, and video recordings. field 4 of part 1. economic development generation of electricity at generating stations whose construction, extension or operation requires— the consent of the secretary of state, or the authority of an order granting development consent under the planning act 2008, and for this purpose, the reference to consent of the secretary of state is a reference to consent under powers to regulate generation of electricity. transmitting, distributing or supplying electricity. energy conservation, apart from the encouragement of energy efficiency otherwise than by prohibition or regulation. nuclear energy and nuclear installations, including— nuclear safety, and liability for nuclear occurrences, but this paragraph does not include disposal of very low level radioactive waste moved from a site whose use requires a nuclear site licence under the nuclear installations act 1965 field 10 of part 1. highways and transport registration of local bus services, and the application and enforcement of traffic regulation conditions in relation to those services. road freight transport services, including goods vehicles operating licensing. regulation of the use of relevant vehicles on roads, the construction and use of relevant vehicles, and conditions under which relevant vehicles may be so used, apart from— regulation of use of relevant vehicles carrying animals for the purposes of protecting human, animal, fish or plant health or the environment, regulation relating to matter 10.1, and regulation of the description of vehicle which may be used pursuant to learner transport arrangements (including description by reference to a vehicle's construction or equipment), but not including the setting of technical standards for construction or equipment which differ from the standards that would or might otherwise apply to that vehicle. for the purpose of this paragraph, “relevant vehicles” means motor vehicles, mobile machinery and agricultural and forestry tractors. road traffic offences. driver licensing. driving instruction. insurance of motor vehicles. drivers' hours. traffic regulation on special roads (apart from regulation relating to matter 10.1). pedestrian crossings. traffic signs (apart from the placing and maintenance of traffic signs within the meaning of section 177 of the transport act 2000 for purposes relating to matter 10.1). speed limits. public service vehicle operator licensing. provision and regulation of railway services, apart from financial assistance which— does not relate to the carriage of goods, is not made in connection with a railway administration order, and is not made in connection with regulation (ec) no 1370/2007 of the european parliament and of the council on public passenger transport services by rail and by road. transport security (apart from regulation relating to the carriage of supervising adults on vehicles used pursuant to learner transport arrangements) aviation, air transport, airports and aerodromes, apart from— financial assistance to providers or proposed providers of air transport services or airport facilities or services, strategies by the welsh ministers or local or other public authorities about provision of air services, and regulation of the use of aircraft carrying animals for the purpose of protecting— human health, apart from the health of persons in aircraft, animal, fish or plant health, or the environment shipping, apart from— financial assistance for shipping services to, from or within wales, and regulation of the use of vessels carrying animals for the purposes of protecting— human health, apart from the health of persons on vessels, animal, fish or plant health, or the environment. navigational rights and freedoms, apart from regulation of works which may obstruct or endanger navigation. technical and safety standards of vessels. harbours, docks, piers and boatslips, apart from— those used or required wholly or mainly for the fishing industry, for recreation, or for communications between places in wales (or for two or more of those purposes), and regulation for the purposes of protecting human, animal, fish or plant health or the environment. carriage of dangerous goods, including transport of radioactive material. in paragraphs (2) and (14) “learner transport arrangements” means arrangements of the kind described in matter 5.10 which consist of the provision of motor vehicles and are made by— public authorities (within the meaning of field 15) exercising functions relating to education or training, or institutions or other bodies concerned with the provision of education or training. field 15 of part 1. social welfare child support. child trust funds, apart from subscriptions to such funds by— a county council or county borough council in wales, or the welsh ministers. tax credits. child benefit and guardian's allowance. social security. independent living funds. motability. vaccine damage payments. intercountry adoption, apart from adoption agencies and their functions, and functions of the “central authority” under the hague convention on protection of children and co-operation in respect of intercountry adoption. the children's commissioner established under the children act 2004. family law and proceedings apart from— welfare advice to courts, representation and provision of information, advice and other support to children ordinarily resident in wales and their families, and welsh family proceedings officers. welfare foods. field 16 of part 1. sport and recreation betting, gaming and lotteries. field 19 of part 1. water and flood defence appointment and regulation of any water undertaker whose area is not wholly or mainly in wales. licensing and regulation of any licensed water supplier within the meaning of the water industry act 1991, apart from regulation in relation to licensed activities using the supply system of a water undertaker whose area is wholly or mainly in wales. title 2. general restrictions subheading 1. functions of ministers of the crown 1 a provision of an assembly measure cannot remove or modify, or confer power by subordinate legislation to remove or modify, any function of a minister of the crown. a provision of an assembly measure cannot confer or impose, or confer power by subordinate legislation to confer or impose, any function on a minister of the crown. subheading 2. criminal offences 2 a provision of an assembly measure cannot create, or confer power by subordinate legislation to create, any criminal offence punishable— on summary conviction, with imprisonment for a period exceeding the prescribed term or with a fine exceeding the amount specified as level 5 on the standard scale, or on conviction on indictment, with a period of imprisonment exceeding two years. in sub-paragraph (1) “the prescribed term” means— where the offence is a summary offence, 51 weeks, and where the offence is triable either way, twelve months. subheading 3. police areas a provision of an assembly measure cannot make any alteration in police areas. subheading 4. enactments other than this act 3 a provision of an assembly measure cannot make modifications of, or confer power by subordinate legislation to make modifications of, any of the provisions listed in the table below— table key: column 1 = enatctment; column 2 = provisions protected from modification row 1 column 1 european communities act 1972 (c. 68) column 2 the whole act row 2 column 1 data protection act 1998 (c. 29) column 2 the whole act row 3 column 1 government of wales act 1998 (c. 38) column 2 sections 144(7), 145, 145a and 146a(1) row 4 column 1 human rights act 1998 (c. 42) column 2 the whole act row 5 column 1 civil contingencies act 2004 (c. 36) column 2 the whole act row 6 column 1 re-use of public sector information regulations 2005 (s.i. 2005/1505) column 2 the whole set of regulations sub-paragraph (1), so far as it applies in relation to sections 145, 145a and 146a(1) of the government of wales act 1998, does not apply to a provision to which sub-paragraph (3) applies. this sub-paragraph applies to a provision of an assembly measure which— is a provision relating to matter 14.1, provides for the enforcement of a provision relating to matter 14.1 or is otherwise appropriate for making such a provision effective, or is otherwise incidental to, or consequential on, such a provision. a provision of an assembly measure cannot make modifications of, or confer power by subordinate legislation to make modifications of, any provision of an act of parliament other than this act which requires sums required for the repayment of, or the payment of interest on, amounts borrowed by the welsh ministers to be charged on the welsh consolidated fund. a provision of an assembly measure cannot make modifications of, or confer power by subordinate legislation to make modifications of, any functions of the comptroller and auditor general or the national audit office. subheading 5. this act 6 a provision of an assembly measure cannot make modifications of, or confer power by subordinate legislation to make modifications of, provisions contained in this act.  sub-paragraph (1) does not apply to— sections 20, 22, 24, 35(1), 36(1) to (5) and (7) to (11), 53, 54, 78 and 156(2) to (5); or paragraph 8(3) of schedule 2. sub-paragraph (1) does not apply to any provision— making modifications of so much of any enactment as is modified by this act, or repealing so much of any provision of this act as amends any enactment, if the provision ceases to have effect in consequence of any provision of, or made under, an assembly measure. part 3. exceptions from general restrictions in part 2 subheading 1. interpretation  in this part “general restrictions in part 2” means paragraphs 1 to 6 of part 2. subheading 2. functions of ministers of the crown 7 the general restrictions in part 2 do not prevent a provision of an assembly measure removing or modifying, or conferring power by subordinate legislation to remove or modify, any function of a minister of the crown if the secretary of state consents to the provision. part 2 does not prevent a provision of an assembly measure relating to matter 20.1 or 20.2 of part 1, conferring or imposing, or conferring power by subordinate legislation to confer or impose, any function on a minister of the crown if the secretary of state consents to the provision, but functions so conferred or imposed may not be made enforceable against ministers of the crown by means of criminal offences. subheading 3. police areas part 2 does not prevent a provision of an assembly measure making an alteration to the boundary of a police area in wales if the secretary of state consents to the provision. subheading 4. comptroller and auditor general and national audit office the general restrictions in part 2 do not prevent a provision of an assembly measure modifying, or conferring power by subordinate legislation to modify, any enactment relating to the comptroller and auditor general or the national audit office if the secretary of state consents to the provision. subheading 5. restatement part 2 does not prevent a provision of an assembly measure— restating the law (or restating it with such modifications as are not prevented by that part), or repealing or revoking any spent enactment, or conferring power by subordinate legislation to do so. subheading 6. subordinate legislation the general restrictions in part 2 do not prevent an assembly measure making modifications of, or conferring power by subordinate legislation to make modifications of, an enactment for or in connection with any of the following purposes— making different provision about the document by which a power to make, confirm or approve subordinate legislation is to be exercised, making provision (or no provision) for the procedure, in relation to the assembly, to which legislation made in the exercise of such a power (or the instrument or other document in which it is contained) is to be subject, and applying any enactment comprised in or made under an assembly measure relating to the documents by which such powers may be exercised. subheading 7. data protection act 1998 part 2 does not prevent an assembly measure making modifications of, or conferring power by subordinate legislation to make modifications of, section 31(6) of the data protection act 1998 so that it applies to complaints under any assembly measure relating to matter 9.1 in part 1. schedule 6. [schedule 6 omitted due to length full text of schedules can be found online at http://www.legislation.gov.uk/ukpga/2006/32/schedules] schedule 7. acts of the assembly part 1. subjects subheading 1. agriculture, forestry, animals, plants and rural development agriculture. horticulture. forestry. fisheries and fishing. animal health and welfare. plant health. plant varieties and seeds. rural development. in this part of this schedule “animal” means— all mammals apart from humans, and all animals other than mammals; and related expressions are to be construed accordingly. exceptions hunting with dogs. regulation of scientific or other experimental procedures on animals. import and export control, and regulation of movement, of animals, plants and other things, apart from (but subject to provision made by or by virtue of any act of parliament relating to the control of imports or exports)— the movement into and out of, and within, wales of animals, animal products, plants, plant products and other things related to them for the purposes of protecting human, animal or plant health, animal welfare or the environment or observing or implementing obligations under the common agricultural policy, and the movement into and out of, and within, wales of animal feedstuff , fertilisers and pesticides (or things treated by virtue of any enactment as pesticides) for the purposes of protecting human, animal or plant health or the environment. authorisations of veterinary medicines and medicinal products. subheading 2. ancient monuments and historic buildings archaeological remains. ancient monuments. buildings and places of historical or architectural interest. historic wrecks. subheading 3. culture arts and crafts. museums and galleries. libraries. archives and historical records. cultural activities and projects. exceptions public lending right. broadcasting. classification of films, and video recordings. government indemnities for objects on loan. payments to her majesty's revenue and customs in respect of property accepted in satisfaction of tax, apart from property in which there is a welsh national interest. subheading 4. economic development economic regeneration and development, including social development of communities, reclamation of derelict land and improvement of the environment. promotion of business and competitiveness. exceptions fiscal, economic and monetary policy and regulation of international trade. regulation of anti-competitive practices and agreements, abuse of dominant position and monopolies and mergers. intellectual property, apart from plant varieties. creation, operation, regulation and dissolution of types of business association. insolvency. product standards, safety and liability, apart from in relation to food (including packaging and other materials which come into contact with food), agricultural and horticultural products, animals and animal products, seeds, fertilisers and pesticides (and things treated by virtue of any enactment as pesticides). consumer protection, including the sale and supply of goods to consumers, consumer guarantees, hire purchase, trade descriptions, advertising and price indications, apart from in relation to food (including packaging and other materials which come into contact with food), agricultural and horticultural products, animals and animal products, seeds, fertilisers and pesticides (and things treated by virtue of any enactment as pesticides). financial services, including investment business, banking and deposit-taking, collective investment schemes and insurance. occupational and personal pension schemes (including schemes which make provision for compensation for loss of office or employment, compensation for loss or diminution of emoluments, or benefits in respect of death or incapacity resulting from injury or disease), apart from schemes for or in respect of assembly members, the first minister, welsh ministers appointed under section 48, the counsel general or deputy welsh ministers and schemes for or in respect of members of local authorities. financial markets, including listing and public offers of securities and investments, transfers of securities, insider dealing and money laundering. telecommunications, wireless telegraphy (including electromagnetic disturbance), internet services and electronic encryption. postal services, post offices and the post office, apart from financial assistance for the provision of services (other than postal services and services relating to money or postal orders) to be provided from public post offices. generation, transmission, distribution and supply of electricity energy conservation, apart from the encouragement of energy efficiency otherwise than by prohibition or regulation. coal, including mining and subsidence, apart from land restoration and other environmental matters. oil and gas nuclear energy and nuclear installations and the office for nuclear regulation including nuclear safety and liability for nuclear occurrences; but not including disposal of very low level radioactive waste moved from a site requiring a nuclear site licence units and standards of weights and measurement and the regulation of trade so far as involving weighing, measuring and quantities. industrial development advisory board. subheading 5. education and training education, vocational, social and physical training and the careers service. promotion of advancement and application of knowledge. exception research councils. subheading 6. environment environmental protection, including pollution, nuisances and hazardous substances. prevention, reduction, collection, management, treatment and disposal of waste. land drainage and land improvement. countryside and open spaces (including the designation and regulation of national parks and areas of outstanding natural beauty). nature conservation and sites of special scientific interest. protection of natural habitats, coast and marine environment (including seabed). biodiversity. genetically modified organisms. smallholdings and allotments. common land. town and village greens. burial and cremation, except coroners' functions. subheading 7. fire and rescue services and fire safety fire and rescue services. provision of automatic fire suppression systems in newly constructed and newly converted residential premises. promotion of fire safety otherwise than by prohibition or regulation. subheading 8. food food and food products. food safety (including packaging and other materials which come into contact with food). protection of interests of consumers in relation to food. “food” includes drink. subheading 9. health and health services promotion of health. prevention, treatment and alleviation of disease, illness, injury, disability and mental disorder. control of disease. family planning. provision of health services, including medical, dental, ophthalmic, pharmaceutical and ancillary services and facilities. clinical governance and standards of health care. organisation and funding of national health service. exceptions abortion. human genetics, human fertilisation, human embryology, surrogacy arrangements. xenotransplantation. regulation of health professionals (including persons dispensing hearing aids). poisons. misuse of and dealing in drugs. human medicines and medicinal products, including authorisations for use and regulation of prices. standards for, and testing of, biological substances (that is, substances the purity or potency of which cannot be adequately tested by chemical means). vaccine damage payments. welfare foods. health and safety executive and employment medical advisory service and provision made by health and safety regulations. subheading 10. highways and transport highways, including bridges and tunnels. streetworks. traffic management and regulation. transport facilities and services. exceptions registration of local bus services, and the application and enforcement of traffic regulation conditions in relation to those services. road freight transport services, including goods vehicles operating licensing. regulation of the construction and equipment of motor vehicles and trailers, and regulation of the use of motor vehicles and trailers on roads, apart from— any such regulation which— relates to schemes for imposing charges in respect of the use or keeping of vehicles on welsh trunk roads (“trunk road charging schemes”), or relates to the descriptions of motor vehicles and trailers which may be used under arrangements for persons to travel to and from the places where they receive education or training, unless the regulation is the setting of technical standards for construction or equipment of motor vehicles or trailers which differ from the standards that would or might otherwise apply to them; and regulation of the use of motor vehicles and trailers carrying animals for the purpose of protecting human, animal or plant health, animal welfare or the environment. road traffic offences. driver licensing. driving instruction. insurance of motor vehicles. drivers' hours. traffic regulation on special roads, apart from regulation relating to trunk road charging schemes. pedestrian crossings. traffic signs, apart from the placing and maintenance of traffic signs relating to trunk road charging schemes. speed limits. international road transport services for passengers. public service vehicle operator licensing. documents relating to vehicles and drivers for purposes of travel abroad and vehicles brought temporarily into wales by persons resident outside the united kingdom. vehicle excise duty and vehicle registration. provision and regulation of railway services, apart from financial assistance which— does not relate to the carriage of goods, is not made in connection with a railway administration order, and is not made in connection with regulation (ec) no 1370/2007 of the european parliament and of the council on public passenger transport services by rail and by road. transport security, apart from regulation relating to the carriage of adults who supervise persons travelling to and from the places where they receive education or training. railway heritage. aviation, air transport, airports and aerodromes, apart from— financial assistance to providers or proposed providers of air transport services or airport facilities or services, strategies by the welsh ministers or local or other public authorities about provision of air services, and regulation of use of aircraft carrying animals for the purposes of protecting human, animal or plant health, animal welfare or the environment. shipping, apart from— financial assistance for shipping services to, from or within wales, and regulation of use of vessels carrying animals the purposes of protecting human, animal or plant health, animal welfare or the environment. navigational rights and freedoms, apart from regulation of works which may obstruct or endanger navigation. technical and safety standards of vessels. harbours, docks, piers and boatslips, apart from— those used or required wholly or mainly for the fishing industry, for recreation, or for communication between places in wales (or for two or more of those purposes), and regulation for the purposes of protecting human, animal or plant health, animal welfare or the environment. carriage of dangerous goods (including transport of radioactive material). technical specifications for fuel for use in internal combustion engines. subheading 11. housing housing. housing finance except schemes supported from central or local funds which provide assistance for social security purposes to or in respect of individuals by way of benefits. encouragement of home energy efficiency and conservation, otherwise than by prohibition or regulation. regulation of rent. homelessness. residential caravans and mobile homes. subheading 12. local government constitution, structure and areas of local authorities. electoral arrangements for local authorities. powers and duties of local authorities and their members and officers. local government finance. “local authorities” does not include police and crime commissioners. exceptions local government franchise. electoral registration and administration. registration of births, marriages, civil partnerships and deaths. licensing of sale and supply of alcohol, provision of entertainment and late night refreshment. orders to protect people from behaviour that causes or is likely to cause harassment, alarm or distress. local land charges, apart from fees. sunday trading. provision of advice and assistance overseas by local authorities in connection with carrying on there of local government activities. subheading 13. national assembly for wales complaints about assembly members (including provision for and about an office or body for investigating such complaints and reporting outcome of investigations). assembly commission. salaries, allowances, pensions and gratuities for and in respect of assembly members, the first minister, welsh ministers appointed under section 48, the counsel general and deputy welsh ministers. register of interests of assembly members and the counsel general. meaning of welsh words and phrases in assembly measures and acts of the assembly, in subordinate legislation made under assembly measures and acts of the assembly and in other subordinate legislation if made by the welsh ministers, the first minister or the counsel general. private legislation in the assembly. financial assistance for political groups to which assembly members belong. the welsh seal. arrangements for the printing of acts of the assembly, of subordinate legislation made under assembly measures and acts of the assembly and of other subordinate legislation if made by the welsh ministers, the first minister or the counsel general. subheading 14. public administration public services ombudsman for wales. auditor general for wales. audit, examination, regulation and inspection of auditable public authorities. inquiries in respect of matters in relation to which the welsh ministers, the first minister or the counsel general exercise functions. equal opportunities in relation to equal opportunity public authorities. access to information held by open access public authorities. the following are “auditable public authorities” and “equal opportunity public authorities”— the assembly, the assembly commission, the welsh assembly government, persons who exercise functions of a public nature and in respect of whom the welsh ministers exercise functions, persons who exercise functions of a public nature and at least half of the cost of whose functions in relation to wales are funded (directly or indirectly) by the welsh ministers, and persons established by enactment and having power to issue a precept or levy. the following are “open access public authorities”— the assembly, the assembly commission, the welsh assembly government, and authorities which are welsh public authorities, within the meaning of the freedom of information act 2000 (c. 36). exception regulation of the profession of auditor. subheading 15. social welfare social welfare including social services. protection and well-being of children (including adoption and fostering) and of young adults. care of children, young adults, vulnerable persons and older persons, including care standards. badges for display on motor vehicles used by disabled persons. exceptions child support. child trust funds, apart from subscriptions to such funds by— a county council or county borough council in wales, or the welsh ministers. tax credits. child benefit and guardian's allowance. social security. independent living funds. motability. intercountry adoption, apart from adoption agencies and their functions, and functions of “the central authority” under the hague convention on protection of children and co-operation in respect of intercountry adoption. the children's commissioner (established under the children act 2004 (c. 31)). family law and proceedings, apart from— welfare advice to courts, representation and provision of information, advice and other support to children ordinarily resident in wales and their families, and welsh family proceedings officers. subheading 16. sport and recreation sport and recreational activities. exception betting, gaming and lotteries. subheading 17. tourism tourism. subheading 18. town and country planning town and country planning, including listed buildings and conservation areas. caravan sites. spatial planning. mineral workings. urban development. new towns. protection of visual amenity. exception development consent under the planning act 2008. subheading 19. water and flood defence water supply, water resources management (including reservoirs), water quality and representation of consumers of water and sewerage services. flood risk management and coastal protection. exceptions appointment and regulation of any water undertaker whose area is not wholly or mainly in wales. licensing and regulation of any licensed water supplier within the meaning of the water industry act 1991 (c. 56), apart from regulation in relation to licensed activities using the supply system of a water undertaker whose area is wholly or mainly in wales. subheading 20. welsh language welsh language exception use of the welsh language in courts. part 2. general restrictions subheading 1. functions of a minister of the crown 1 a provision of an act of the assembly cannot remove or modify, or confer power by subordinate legislation to remove or modify, any pre-commencement function of a minister of the crown. a provision of an act of the assembly cannot confer or impose, or confer power by subordinate legislation to confer or impose, any function on a minister of the crown. in this schedule “pre-commencement function” means a function which is exercisable by a minister of the crown before the day on which the assembly act provisions come into force. subheading 2. enactments other than this act 2 a provision of an act of the assembly cannot make modifications of, or confer power by subordinate legislation to make modifications of, any of the provisions listed in the table below— table key: column 1 = enactment; column 2 = provisions protected from modification row 1 columnn 1 european communities act 1972 (c. 68) column 2 the whole act row 2 column 1 data protection act 1998 (c. 29) column 2 the whole act row 3 column 1 government of wales act 1998 (c. 38) column 2 sections 144(7), 145, 145a and 146a(1) row 4 column 1 human rights act 1998 (c. 42) column 2 the whole act row 5 column 1 civil contingencies act 2004 (c. 36) column 2 the whole act row 6 column 1 re-use of public sector information regulations 2005 (s.i. 2005/1505) column 2 the whole set of regulations row 7 column 1 the public audit (wales) act 2013 (anaw 3) column 2 sections 2(1) to (3), 3(2) to (4), 6(2) to (3) and section 8(1) in so far as that section relates to the auditor general’s exercise of functions free from the direction or control of the assembly or welsh assembly government. sub-paragraph (1) does not apply to any provision making modifications, or conferring power by subordinate legislation to make modifications, of section 31(6) of the data protection act 1998 so that it applies to complaints under an enactment relating to the provision of redress for negligence in connection with the diagnosis of illness or the care or treatment of any patient (in wales or elsewhere) as part of the health service in wales. sub-paragraph (1), so far as it applies in relation to sections 145, 145a and 146a(1) of the government of wales act 1998, does not apply to a provision to which sub-paragraph (4) applies. this sub-paragraph applies to a provision of an act of the assembly which— is a provision relating to the oversight or supervision of the auditor general or of the exercise of the auditor general's functions, provides for the enforcement of a provision falling within paragraph (a) or is otherwise appropriate for making such a provision effective, or is otherwise incidental to, or consequential on, such a provision. a provision of an act of the assembly cannot make modifications of, or confer power by subordinate legislation to make modifications of, any provision of an act of parliament other than this act which requires sums required for the repayment of, or the payment of interest on, amounts borrowed by the welsh ministers to be charged on the welsh consolidated fund. a provision of an act of the assembly cannot make modifications of, or confer power by subordinate legislation to make modifications of, any functions of the comptroller and auditor general or the national audit ofice. subheading 3. this act 5 a provision of an act of the assembly cannot make modifications of, or confer power by subordinate legislation to make modifications of, provisions contained in this act. sub-paragraph (1) does not apply to the following provisions— sections 20, 22, 24, 35(1), 36(1) to (5) and (7) to (11), 53, 54, 78, 146, 147, 148 and 156(2) to (5); paragraph 8(3) of schedule 2. any provision of schedule 8. sub-paragraph (1) does not apply to any provision— making modifications of so much of any enactment as is modified by this act, or repealing so much of any provision of this act as amends any enactment, if the provision ceases to have effect in consequence of any provision of, or made under, an act of the assembly. part 3. exceptions from part 2 subheading 1. functions of ministers of the crown 6 part 2 does not prevent a provision of an act of the assembly removing or modifying, or conferring power by subordinate legislation to remove or modify, any pre-commencement function of a minister of the crown if— the secretary of state consents to the provision, or the provision is incidental to, or consequential on, any other provision contained in the act of the assembly. part 2 does not prevent a provision of an act of the assembly conferring or imposing, or conferring power by subordinate legislation to confer or impose, any function on a minister of the crown if the secretary of state consents to the provision. subheading 2. comptroller and auditor general and national audit office part 2 does not prevent a provision of an act of the assembly modifying, or conferring power by subordinate legislation to modify, any enactment relating to the comptroller and auditor general or the national audit office if the secretary of state consents to the provision. subheading 3. restatement part 2 does not prevent an act of the assembly— restating the law (or restating it with such modifications as are not prevented by that part), or repealing or revoking any spent enactment, or conferring power by subordinate legislation to do so. subheading 4. subordinate legislation part 2 does not prevent an act of the assembly making modifications of, or conferring power by subordinate legislation to make modifications of, an enactment for or in connection with any of the following purposes— making different provision about the document by which a power to make, confirm or approve subordinate legislation is to be exercised, making provision (or no provision) for the procedure, in relation to the assembly, to which legislation made in the exercise of such a power (or the instrument or other document in which it is contained) is to be subject, and applying any enactment comprised in or made under an act of the assembly relating to the documents by which such powers may be exercised. schedule 8. [schedule 8 omitted due to length full text of schedules can be found online at http://www.legislation.gov.uk/ukpga/2006/32/schedules] schedule 9. devolution issues part 1. preliminary 1 in this schedule “devolution issue” means— a question whether an assembly measure or act of the assembly, or any provision of an assembly measure or act of the assembly, is within the assembly's legislative competence, a question whether any function (being a function which any person has purported, or is proposing, to exercise) is exercisable by the welsh ministers, the first minister or the counsel general, a question whether the purported or proposed exercise of a function by the welsh ministers, the first minister or the counsel general is, or would be, within the powers of the welsh ministers, the first minister or the counsel general (including a question whether a purported or proposed exercise of a function is, or would be, outside those powers by virtue of section 80(8) or 81(1)), a question whether there has been any failure to comply with a duty imposed on the welsh ministers, the first minister or the counsel general (including any obligation imposed by virtue of section 80(1) or (7)), or a question of whether a failure to act by the welsh ministers, the first minister or the counsel general is incompatible with any of the convention rights. in this schedule “civil proceedings” means proceedings other than criminal proceedings. a devolution issue is not to be taken to arise in any proceedings merely because of any contention of a party to the proceedings which appears to the court or tribunal before which the proceedings take place to be frivolous or vexatious. part 2. proceedings in england and wales subheading 1. application of part 2 this part applies in relation to devolution issues in proceedings in england and wales. subheading 2. institution of proceedings 4 proceedings for the determination of a devolution issue may be instituted by the attorney general or the counsel general. the counsel general may defend any such proceedings instituted by the attorney general. this paragraph does not limit any power to institute or defend proceedings exercisable apart from this paragraph by any person. subheading 3. notice of devolution issue 5 a court or tribunal must order notice of any devolution issue which arises in any proceedings before it to be given to the attorney general and the counsel general (unless a party to the proceedings). a person to whom notice is given in pursuance of sub-paragraph (1) may take part as a party in the proceedings, so far as they relate to a devolution issue. subheading 4. reference of devolution issue to high court or court of appeal a magistrates' court may refer any devolution issue which arises in civil proceedings before it to the high court. 7 a court may refer any devolution issue which arises in civil proceedings before it to the court of appeal. sub-paragraph (1) does not apply— to a magistrates' court, the court of appeal or the supreme court, or to the high court if the devolution issue arises in proceedings on a reference under paragraph 6. a tribunal from which there is no appeal must refer any devolution issue which arises in proceedings before it to the court of appeal; and any other tribunal may make such a reference. a court, other than the court of appeal or the supreme court, may refer any devolution issue which arises in criminal proceedings before it to— the high court if the proceedings are summary proceedings, or the court of appeal if the proceedings are proceedings on indictment. subheading 5. references from court of appeal to supreme court the court of appeal may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 7, 8 or 9) to the supreme court. subheading 6. appeals from superior courts to supreme court an appeal against a determination of a devolution issue by the high court or the court of appeal on a reference under paragraph 6, 7, 8 or 9 lies to the supreme court but only— with permission of the court from which the appeal lies, or failing such permission, with permission of the supreme court. part 3. proceedings in scotland subheading 1. application of part 3 this part applies in relation to devolution issues in proceedings in scotland. subheading 2. institution of proceedings 13 proceedings for the determination of a devolution issue may be instituted by the advocate general for scotland. the counsel general may defend any such proceedings instituted by the advocate general for scotland. this paragraph does not limit any power to institute or defend proceedings exercisable apart from this paragraph by any person. subheading 3. intimation of devolution issue 14 a court or tribunal must order intimation of any devolution issue which arises in any proceedings before it to be given to the advocate general for scotland and the counsel general (unless a party to the proceedings). a person to whom notice is given in pursuance of sub-paragraph (1) may take part as a party in the proceedings, so far as they relate to a devolution issue. subheading 4. reference of devolution issue to higher court a court, other than any court consisting of three or more judges of the court of session or the supreme court, may refer any devolution issue which arises in civil proceedings before it to the inner house of the court of session. a tribunal from which there is no appeal must refer any devolution issue which arises in proceedings before it to the inner house of the court of session; and any other tribunal may make such a reference. a court, other than any court consisting of two or more judges of the high court of justiciary, may refer any devolution issue which arises in criminal proceedings before it to the high court of justiciary. subheading 5. references from superior courts to supreme court any court consisting of three or more judges of the court of session may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 15 or 16) to the supreme court. any court consisting of two or more judges of the high court of justiciary may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 17) to the supreme court. subheading 6. appeals from superior courts to supreme court an appeal against a determination of a devolution issue by the inner house of the court of session on a reference under paragraph 15 or 16 lies to the supreme court. an appeal against a determination of a devolution issue by— a court consisting of two or more judges of the high court of justiciary (whether in the ordinary course of proceedings or on a reference under paragraph 17), or a court consisting of three or more judges of the court of session from which there is no appeal to the supreme court apart from this paragraph, lies to the supreme court, but only with permission of the court from which the appeal lies or, failing such permission, with permission of the supreme court. part 4. proceedings in northern ireland subheading 1. application of part 4 this part applies in relation to devolution issues in proceedings in northern ireland. subheading 2. institution of proceedings 23 proceedings for the determination of a devolution issue may be instituted by the advocate general for northern ireland. the counsel general may defend any such proceedings instituted by the advocate general for northern ireland. this paragraph does not limit any power to institute or defend proceedings exercisable apart from this paragraph by any person. subheading 3. notice of devolution issue 24 a court or tribunal must order notice of any devolution issue which arises in any proceedings before it to be given to the advocate general for northern ireland and the counsel general (unless a party to the proceedings). a person to whom notice is given in pursuance of sub-paragraph (1) may take part as a party in the proceedings, so far as they relate to a devolution issue. subheading 4. reference of devolution issue to court of appeal a court, other than the court of appeal in northern ireland or the supreme court, may refer any devolution issue which arises in any proceedings before it to the court of appeal in northern ireland. a tribunal from which there is no appeal must refer any devolution issue which arises in proceedings before it to the court of appeal in northern ireland; and any other tribunal may make such a reference. subheading 5. references from court of appeal to supreme court the court of appeal in northern ireland may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 25 or 26) to the supreme court. subheading 6. appeals from court of appeal to supreme court an appeal against a determination of a devolution issue by the court of appeal in northern ireland on a reference under paragraph 25 or 26 lies to the supreme court but only— with permission of the court of appeal in northern ireland, or failing such permission, with permission of the supreme court. part 5. general subheading 1. direct references to supreme court 29 the relevant officer may require any court or tribunal to refer to the supreme court any devolution issue which has arisen in any proceedings before it to which that person is a party. in sub-paragraph (1) “the relevant officer” means— in relation to proceedings in england and wales, the attorney general or the counsel general, in relation to proceedings in scotland, the advocate general for scotland, and in relation to proceedings in northern ireland, the advocate general for northern ireland. 30 the attorney general or the counsel general may refer to the supreme court any devolution issue which is not the subject of proceedings. where a reference is made under sub-paragraph (1) by the attorney general in relation to a devolution issue which relates to the proposed exercise of a function by the welsh ministers, the first minister or the counsel general— the attorney general must notify the counsel general of that fact, and the function must not be exercised by the welsh ministers, the first minister or the counsel general in the manner proposed during the period beginning with the receipt of the notification and ending with the reference being decided or otherwise disposed of. subheading 2. costs 31 a court or tribunal before which any proceedings take place may take account of any additional expense of the kind mentioned in sub-paragraph (3) in deciding any question as to costs or expenses. in deciding any such question the court or tribunal may award the whole or part of the additional expense as costs or expenses to the party who incurred it (whatever the decision on the devolution issue). the additional expense is any additional expense which the court or tribunal considers that any party to the proceedings has incurred as a result of the participation of any person in pursuance of paragraph 5, 14 or 24. subheading 3. procedure of courts and tribunals any power to make provision for regulating the procedure before any court or tribunal includes power to make provision for the purposes of this schedule including, in particular, provision— for prescribing the stage in the proceedings at which a devolution issue is to be raised or referred, for the staying or sisting of proceedings for the purpose of any proceedings under this schedule, and for determining the manner in which and the time within which any notice or intimation is to be given. subheading 4. references to be for decision any function conferred by this schedule to refer a devolution issue to a court is to be construed as a function of referring the issue to the court for decision. schedules 10-12. [schedules 10-12 omitted due to length full text of schedules can be found online at http://www.legislation.gov.uk/ukpga/2006/32/schedules] fixed-term parliaments act 2011 preamble an act to make provision about the dissolution of parliament and the determination of polling days for parliamentary general elections; and for connected purposes. [15th september 2011] be it enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, as follows:— 1. polling days for parliamentary general elections this section applies for the purposes of the timetable in rule 1 in schedule 1 to the representation of the people act 1983 and is subject to section 2. the polling day for the next parliamentary general election after the passing of this act is to be 7 may 2015. the polling day for each subsequent parliamentary general election is to be the first thursday in may in the fifth calendar year following that in which the polling day for the previous parliamentary general election fell. but, if the polling day for the previous parliamentary general election— was appointed under section 2(7), and in the calendar year in which it fell, fell before the first thursday in may, subsection (3) has effect as if for “fifth” there were substituted “ fourth ”. the prime minister may by order made by statutory instrument provide that the polling day for a parliamentary general election in a specified calendar year is to be later than the day determined under subsection (2) or (3), but not more than two months later. a statutory instrument containing an order under subsection (5) may not be made unless a draft has been laid before and approved by a resolution of each house of parliament. the draft laid before parliament must be accompanied by a statement setting out the prime minister's reasons for proposing the change in the polling day. 2. early parliamentary general elections an early parliamentary general election is to take place if— the house of commons passes a motion in the form set out in subsection (2), and if the motion is passed on a division, the number of members who vote in favour of the motion is a number equal to or greater than two thirds of the number of seats in the house (including vacant seats). the form of motion for the purposes of subsection (1)(a) is— “that there shall be an early parliamentary general election.” an early parliamentary general election is also to take place if— the house of commons passes a motion in the form set out in subsection (4), and the period of 14 days after the day on which that motion is passed ends without the house passing a motion in the form set out in subsection (5). the form of motion for the purposes of subsection (3)(a) is— “that this house has no confidence in her majesty's government.” the form of motion for the purposes of subsection (3)(b) is— “that this house has confidence in her majesty's government.” subsection (7) applies for the purposes of the timetable in rule 1 in schedule 1 to the representation of the people act 1983. if a parliamentary general election is to take place as provided for by subsection (1) or (3), the polling day for the election is to be the day appointed by her majesty by proclamation on the recommendation of the prime minister (and, accordingly, the appointed day replaces the day which would otherwise have been the polling day for the next election determined under section 1). 3. dissolution of parliament the parliament then in existence dissolves at the beginning of the 25th working day before the polling day for the next parliamentary general election as determined under section 1 or appointed under section 2(7). parliament cannot otherwise be dissolved. once parliament dissolves, the lord chancellor and, in relation to northern ireland, the secretary of state have the authority to have the writs for the election sealed and issued (see rule 3 in schedule 1 to the representation of the people act 1983). once parliament dissolves, her majesty may issue the proclamation summoning the new parliament which may— appoint the day for the first meeting of the new parliament; deal with any other matter which was normally dealt with before the passing of this act by proclamations summoning new parliaments (except a matter dealt with by subsection (1) or (3)). in this section “working day” means any day other than— a saturday or sunday; a christmas eve, christmas day or good friday; a day which is a bank holiday under the banking and financial dealings act 1971 in any part of the united kingdom; a day appointed for public thanksgiving or mourning. but, if— on a day (“the relevant day”) one or more working days are fixed or appointed as bank holidays or days for public thanksgiving or mourning, and as a result, the day for the dissolution of a parliament would (apart from this subsection) be brought forward from what it was immediately before the relevant day to a day that is earlier than 30 days after the relevant day, the day or days in question are to continue to be treated as working days (even if the polling day is subsequently changed). 4. general election for scottish parliament not to fall on same date as parliamentary general election under section 1(2) this section applies in relation to the ordinary general election for membership of the scottish parliament the poll for which would, apart from this section and disregarding sections 2(5) and 3(3) of the scotland act 1998, be held on 7 may 2015 (that is, the date specified in section 1(2) of this act). section 2(2) of the 1998 act has effect as if, instead of providing for the poll for that election to be held on that date, it provided (subject to sections 2(5) and 3(3) of that act) for the poll to be held on 5 may 2016 (and section 2(2) has effect in relation to subsequent ordinary general elections accordingly). 5. general election for national assembly for wales not to fall on same date as parliamentary general election under section 1(2) this section applies in relation to the ordinary general election for membership of the national assembly for wales the poll for which would, apart from this section and disregarding sections 4 and 5(5) of the government of wales act 2006, be held on 7 may 2015 (that is, the date specified in section 1(2) of this act). section 3(1) of the 2006 act has effect as if, instead of providing for the poll for that election to be held on that date, it provided (subject to sections 4 and 5(5) of that act) for the poll to be held on 5 may 2016 (and section 3(1) has effect in relation to subsequent ordinary general elections accordingly). 6. supplementary provisions this act does not affect her majesty's power to prorogue parliament. this act does not affect the way in which the sealing of a proclamation summoning a new parliament may be authorised; and the sealing of a proclamation to be issued under section 2(7) may be authorised in the same way. the schedule (which contains consequential amendments etc) has effect. 7. final provisions this act may be cited as the fixed-term parliaments act 2011. this act comes into force on the day it is passed. an amendment or repeal made by this act has the same extent as the enactment or relevant part of the enactment to which the amendment or repeal relates. the prime minister must make arrangements— for a committee to carry out a review of the operation of this act and, if appropriate in consequence of its findings, to make recommendations for the repeal or amendment of this act, and for the publication of the committee's findings and recommendations (if any). a majority of the members of the committee are to be members of the house of commons. arrangements under subsection (4)(a) are to be made no earlier than 1 june 2020 and no later than 30 november 2020. [schedules omitted due to length full text of schedules can be found online at http://www.legislation.gov.uk/ukpga/2011/14/schedules]